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HomeMy WebLinkAbout14-2799 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District,County Of FROM 9th Judicial District, County of Cumberland- MAGISTERIAL DISTRICT CJUDGE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on-the date and in-the case referenced below. NAME OF APPELLANT - MAG.DIST.NO. NAME OF MDJ Kenneth Kreiger&Diane Kreiger 09-3-01 Honorable H. Anthony Adarnp ADDRESS OF APPELLANT CITY STATE ZIP CODE 120 Cottage-Road Carlisle PA 17257 DATE OF JUDGMENT IN THE CASE OF(PlaintA (Defendano' Aprif 29, 201.4 Humphrey,Management Kenneth A Kreiger& Diane Kreiger DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT LT 59 - 2014 1 k"", This block will be signed ONLY when this notation is required under Pa. If app llant was Claimant (see Pa. R. .D.J. A10. 1001(6) in action R.C.P.D.J.No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate-as.a_SUPERSEDEAS.to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL Stgnatme of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This-section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7)in action before Magisterial District Judge. IF-NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon-H_t I norey-Ment. app€Ilee(s; to file_a complaint in this appeal q q Marne of appellee(s) (Common Pleas No. �Y— , ` ( GJv. ' )within twenty(20)days after service of rule or suffer entry of judgment of non pros. K_"0, &d Signature of ellant aftofney or agent RULE: To Humphrey Management appellee(s) Name of appellee(s) (1) You-are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2). If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) Th/e_Jdate_of servioe-of this-rule.if service was-by-mail.isL the-date of the_maiting.- Date: b l l'1 d/! Jt S NAld AIN n 0 -� a Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF TIL iN04E 9F AM NT/TRANSCRIPT FORM WITH THIS NOTICE OF AP EAL. 3. AOPC312-05 HJ �( 3o S-5-3 COMMONWEALTH OF PENNSYLVANIA x z n Notice of Judgment/Transcript COUNTY OF CUMBERLAND ti .. ` Residential Lease Mag. Dist. No: MDJ-09-3-01 Humphrey Management MDJ Name: Honorable H.Anthony Adams V Address: 35 West Orange Street Kenneth Allen Kreiger, Diane Kreiger Shippensburg, PA 17257 Telephone: 717-532-7676 Kenneth Allen Kreiger Docket No: MJ-09301-LT-0000059-2014 120 Cottage Road Case Filed: 4/15/2014 Shippensburg, PA 17257 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary (cc-Cross Complaint) - _..._... Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301-LT-0000059-2014 Humphrey Management Kenneth Allen Kreiger Judgment for Plaintiff 04/29/2014 MJ-09301-LT-0000059-2014 Humphrey Management Diane Kreiger Judgment for Plaintiff 04/29/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Diane Kreiger $0.00 $0.00 $0.00 Humphrey Management $0.00 $0.00 $0.00 Kenneth Allen Kreiger $0.00 $0.00 $0.00 Judgment Finding (`PostJudgment) In the matter of Humphrey Management vs. Kenneth Allen Kreiger; Diane Kreiger on MJ-09301-LT-0000059-2014, on 4/29/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $0.00 $0.00 $0.00 Grand Total: $0.00 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed:04/29/2014 10:22:59AM Humphrey Management Docket No.: MJ-09301-LT-0000059-2014 v. Kenneth Allen Kreiger, Diane Kreiger IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT,IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS,THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.HOWEVER,LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J.NO.1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE,THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Y. \ Date Magisterial District Judge H.Anthony Adams I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed:04/29/2014 10:22:59AM Humphrey Management Docket No.: MJ-09301-LT-0000059-2014 v. Kenneth Allen Kreiger, Diane Kreiger Participant List Plaintiff(s) Humphrey Management 300 Dwelling Court Farmington Manor Shippensburg, PA 17257 Defendant(s) Diane Kreiger 120 Cottage Rd Shippensburg, PA 17257 Kenneth Allen Kreiger 120 Cottage Road Shippensburg, PA 17257 Complainant's Attorney(s) Paul Matthew Ferguson, Esq. Turo Robinson 129 S Pitt St Carlisle, PA 17013 MDJS 315A Page 3 of 3 Printed:04/29/2014 10:22:59AM , THE ROTHG OTA , T il, MAY -9 P11 2: 20 CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF Name OF APPEALAND-RULETO-FILE COMPLAIN' (This proof of service MUST BE -FILED WITHIN -EN (10) DAYS AFTER filing of the notice, of appeal. Checkapplicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served /''I.� 7��'/fl ; a copy of the Notice of Appeal, Common Pleas No. r , upon the Magisterial District Judge designated therein on (date of service) , 20 , ❑ by personal service ,81. by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ,..,,...tea 4-teivifti re9 irkwiegemei rt - 20 ❑by personal serviceX by (certified) (registered) mail, sender's receipt attached hereto. (SWORN(AFFIRMED AND1 SUBSCRIBED BEFORE ME THIS DAYOFmL/ 20j Ar,i :. nature -of official before whom-affidavit-was-made- RAcm-pu.,b,) (— Title of official My commission expires on 11 {e, 2017 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH WARREN. Notary Public Boro of Shippensburg, Cumberland County My Commission Expires November fi, 2017 AOPC 312A - 05 SENDER: COMPLETE THIS SECTION O Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the revers so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 1-tompreytI)mfme" goo Dell C-1. fevr-,11( PA p7is7 COMPLETE THIS SECTION ON DELIVERY X 0 Agent 0 Addressee Date of Delivery D. Is ielivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 'ye by Pr/pled 3. Service Type 0 Certified Mail® 0 Registered 0 Insured Mail 0 Priority Mail Express' 0 Return Receipt for Merchandise 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, July 2013 • 7013 2630 0000 1435 6027 Domestic Return Receipt SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. 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Available Actions USPS Text Tracking" ' Email Updates OTHER USPS SITES Business Customer Gateway > Postal Inspectors > Inspector General > Postai Explorer National Postal Museum > .5/8/2014 11:39 AM HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. KENNETH A. KREIGER and DIANE KREIGER, Defendant : NO. 14-2799 CIVIL ACTION : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 c=n EN,) O'N HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 14-2799 CIVIL ACTION KENNETH A. KREIGER and DIANE KREIGER, Defendant : CIVIL ACTION - LAW COMPLAINT Plaintiff, Humphrey Management, is the parent management company of HAI Management, Inc., a Maryland corporation, agent of the Senior Cottages of Shippensburg, LTD, located at 300 Dwelling Court, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendants, Kenneth A. Kreiger and Diane Kreiger, husband and wife, reside at 120 Cottage Road, Shippensburg, Cumberland County, Pennsylvania 17257, hereinafter "the Property." The Property is owned by Humphrey Management and Homes for America, known jointly as the Senior Cottages of Shippensburg, LTD. Plaintiff, Humphrey Management, manages the Property as agent for the Senior Cottages of Shippensburg, LTD. 4. On December 3, 2012, Defendants entered into a Lease Agreement, hereinafter "the Lease," with Plaintiff to lease the Property. A copy of the Lease Agreement, marked as Exhibit "A," is attached hereto and made a part hereof. 5. Paragraph 3 of the Lease states the initial term of the lease began on December 3, 2012 and ended on November 30, 2013 with the lease continuing for successive terms of one month unless automatically terminated pursuant to Paragraph 21 of the Lease. 6. Paragraph 21 of the Lease states, in part, Plaintiff may terminate the Lease for material noncompliance with the Lease's terms, which includes serious or repeated interference with the rights and quiet enjoyment of other tenants. 7. On December 3, 2012, Defendants signed a Rules and Regulations addendum to the Lease, Paragraph 31 of which prohibits objectionable conduct. Non-compliance with the Rules and Regulations constitutes a violation of the Lease. The addendum is a part of• Exhibit "A." 8. Defendants have engaged in conduct that constitutes a serious or repeated interference with the rights and quite enjoyment of other tenants. 9. Defendants have engaged in conduct which is objectionable or prejudicial to the rights, privileges, safety and general welfare of the other residents living in the Senior Cottages of Shippensburg. 10. Defendants' prohibited conduct has occurred on numerous occasions. 11. Defendants' prohibited conduct is a violation of the Lease. 12. On September 4, 2013, Defendant Kenneth A. Kreiger disrupted an activity meeting in the Community Room by interrupting proceedings and speaking out of turn. 13. On October 28, 2013, Defendant Diane Kreiger confronted a fellow resident, trespassed on the resident's property, placed her hands on the resident and intimidated the resident. 14. On December 4, 2013, Defendant Kenneth A. Kreiger disrupted a meeting in the community room and threatened a fellow resident with physical violence. 15. On January 23, 2014, Plaintiff, via counsel, mailed a letter to Defendants demanding Defendants cease engaging in conduct that violated the Lease. Said letter detailed specific instances of such conduct and stated Plaintiff would pursue any and all legal remedies including termination of the Lease if Defendants were involved in further instances of such conduct. A copy of the letter, marked as Exhibit "B," is attached hereto and made a part hereof. 16. On March 5, 2014, Defendant Kenneth A. Kreiger disrupted a meeting in the community room and harassed and threatened a fellow resident. 17. On March 14, 2014, Plaintiff served Defendants with a Notice to Quit within 30 days by posting the Notice on the door of the Property and via U.S. mail. On March 15, 2014, Defendant Kenneth A. Kreiger received the mailed Notice. A copy of the Notice and certified mailing receipt, marked as Exhibit "C," is attached hereto and made a part hereof. 18. Paragraph 21 of the Lease provides, in part, for an appeal period of 10 days within which Defendants can discussed the proposed termination of the Lease with Plaintiff. 19. On March 25, 2014, Defendant Kenneth A. Kreiger exercised his appeal option and met with Plaintiff. 20. On April 1, 2014, Plaintiff informed Defendants, via letter, their appeal was denied, and Plaintiff would proceed with the termination of the Lease. A copy of this letter, marked as Exhibit "D,".is attached hereto and made a part hereof. 21. Defendants failed to vacate the Property by the end of the day of April 14, 2014. 22. On April 15, 2014, Plaintiff filed for Recovery of Real Property in Magisterial District No. MDJ-09-3-01. 23. On April 28, 2014, a Recovery of Real Property Hearing was held before the Honorable H. Anthony Adams. 24. On April 29, 2014, the Honorable H. Anthony Adams entered judgment for Plaintiff against Defendants and granted Plaintiff possession of the Property. 25. On May 6, 2014, Defendants filed a Notice of Appeal of the Magisterial District Judge Judgment. 26. Defendants retain and have not given up possession of the Property. COUNT I: POSSESSION 27. Paragraphs 1-26 are incorporated herein as if set forth at length. 28. The Landlord and Tenant Act of 1951, at 68 P.S. § 250.201, states, in part, "A landlord desirous of repossessing real property from a tenant ... may notify, in writing, the tenant to remove from the same at the expiration of the time specified in the notice under the following circumstances, namely ... upon forfeiture of the lease for breach of its conditions ...." - 29. Defendant has forfeited the lease for breach of its conditions. 30. Plaintiff has complied with the provisions of The Landlord and Tenant Act of 1951 as it relates to recovery of possession, specifically § 250.501 of the Act, Notices to quit, and has proceeded through the Magisterial District Judge to request possession of the property and was granted possession. WHEREFORE, Plaintiff, Humphrey Management, for the reasons set forth above, prays that this Honorable Court issue a judgment in Plaintiff's favor and against Defendants Kenneth A. Kreiger and Diane Kreiger and grant Plaintiff possession of Plaintiff's property. Respectfully Submitted, /z{ Date TURO ROBINSON Attorneys at Law Paul M. Fergus Supreme Court No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 6-11-2601 Date owa'ea- Clarence Ernde (For Humphrey Management) a e_n+ ;or Seinsor Coffa9es of shgpPed,s 6org LT D DNA Co ff agt$ d LEASE PROJECT MME: Cottages of Shippensburg 1. Parties and Dwelling Unit: The parties to this Agreement are HAI Management, Inc. as agent for Senior Cottages of Shippenburq, LTD, referred to as the Owner, and Kenneth Kreiger referred to as the Tenant(s). The Owner leases to the Tenant(s) Unit Number 120 , located at 120 Cottage Road Shippensburq PA 17257 in the project known as Cottages of Shippensburg (the "Project"), located in PA 2. The following persons shall reside at the rented unit: 1. Kenneth Kreiger 2. Diane Kreiger 3. 4, 5. 6. 7. 8. 3. Length of Time (Term): The initial term of this Agreement shall begin on December 3, 2012 or, the date on which a certificate of occupancy is issued to the above unit, or if applicable, the date on which the prior unit is vacated whichever occurs later, and end on 11/30/2013(the last day of the month prior to the move -in month of the next year). After the Initial term ends, the Agreement will continue for successive terms of one month unless automatically terminated as permitted by Paragraph 21 of this Agreement. 4. Rent: The Tenant(s) agrees to pay V0 for the partial month ending on December 31, 2012. After that, Tenant agrees to pay the Monthly Rent in subsection (a) and Additional Rent, if incurred, as described below in subsection (b). a. The Tenant agrees to pay a rent of $815.00, per month. This amount, without reduction or demand, is due on the first day of each and every month at the office of the Cottages of Shippensburg. The Tenant understands that this monthly rent may be less than the; Market Rent due on this Unit. This lower rent Is available because the Pennsylvania Housing Finance Agency ("PHFA") provided financial assistance to the Owner through the Multi -Family Bond Program, the Elderly Rental Housing Program, and/or the Federal Low Income Housing Tax Credit ("Tax Credit Program"). b. The Tenant agrees to pay as Additional Rent, in addition to the Monthly Rent for items specified in this Lease. These items include, but are not limited to, late charges, bad check charges, damages to the premises, lock -outs and expenses incurred by the Owner incurred by the Owner for Attorney's fees or for filing fees necessary, to enforce this Lease. *All Additional Rent is the Tenant's responsibility. c. Payment by personal check is a privilege accorded by the Owner at its sole discretion and Owner specifically reserves the right to demand payment in cash, certified check or money order for any and all sums, including Additional Rent, due under this Lease, Further, Tenant agrees that any sums received by Owner from Tenant may be applied at its sole discretion, in whole or in part, to any obligation due under this Lease, despite contrary or conflicting directions, verbal or written, appearing with or on the remittance nffered bvjaenant. 5. Changes In the Tenant(s) Rent: Equal Housing Opportunity EXHIBIT The Tenant(s) agrees that the amount of rent the Tenant(s) pays may be changed upon the expiration of the initial term of this Agreement if: a. Owner determines that an increase in rents is allowed pursuant to the requirements of Section 42 of the Internal Revenue Code, as amended (the "Tax Credit Program") or by other rules and regulations governing the Project; or b. Changes in the Tenant(s)s' rent are required by annual recertification procedures; or The Tenant(s) fails to provide information on his/her income, family composition or other factors as required by the Owner. The Owner agrees to give the Tenant(s) at least 30 days advance written notice of any increase in the Tenant(s)' rent except as noted in paragraphs 12 or 16. The notice will state the new amount the Tenant(s) is required to pay, the date the new amount is effective, and the reasons for the change in rent. The notice will also advise the Tenant(s) that he/she may meet with the Owner to discuss the rent change. 6. Charges for Late Payments and Returned Checks: If the Tenant(s) does not pay the full amount of the rent shown in paragraph 4 by the end of the 5th day of the month, the Owner may collect a fee not to exceed 5% of the amount of rent due for the rental period for which the payment is delinquent. The Owner may collect a fee of $25 on the second or any additional time a check is not honored for payment (bounces). The charges discussed in this paragraph are in addition to the regular monthly rent payable by the Tenant(s). 7. Condition of Dwelling Unit: By signing this Agreement, the Tenant(s) acknowledges that the unit is safe, clean, and in good condition. The tenant(s) agrees that all appliances and equipment in the unit are in good working order, except as described on the Unit Inspection Report. The Tenant(s) also agrees that the Owner had made no promises to decorate, alter, repair or improve the unit, except as listed in the Unit Inspection Report. 8. Charges for Utilities and Services The following chart describes how the cost of utilities and services related to occupancy of the unit will be paid. The Tenant(s) agrees that these charts accurately describe the utilities and services paid by the Owner and those paid by the Tenant(s). The Tenant(s) also acknowledges that to the extent required pursuant to the Tax Credit Program, an allowance for utilities has been included in calculating the Tenant(s) rent. a. The Tenant(s) must pay for utilities in column (1). Payments should be made directly to the appropriate utility company. The Tenant(s) must not allow his/her utilities to be interrupted. The items in column (s) are included in the Tenant(s) rent. Put "X" by any Utility Type of Utility Tenant(s) Pays Directly or Services X Heat X Lights, Electric Water Sewer Trash Collection X TV Cable Put "X" by any Utility included in Tenant(s) Rent X X X 9. Security Deposits: Equal Housing Opportunity The Tenants) has deposited $300.00 with Owner. The Owner wit hold this security deposit for the period the Tenants(s) occupies the unit. After the Tenant(s) has moved from the unit, the Owner will determine whether Tenant(s) is eligible for a refund of any or all of the security deposit. The amount of the refund will be determined in accordance with the following conditions and procedures: a. The Tenant(s) will be eligible for a refund of the security deposit only if the Tenant(s) provided the Owner with the 30 -day written notice of intent to move required by paragraph 21. After the Tenant(s) has moved from the unit, the Owner will inspect the unit and complete another Unit Inspection Report. The Owner will permit the Tenant(s) to participate in the inspection, if the Tenant(s) so requests. c. The Owner will refund to the Tenant(s) the amount of the security deposit (plus interest computed in the amount according to State and local law on any amount over $50.00, beginning with the date of the initial term of this Lease provided the tenant has maintained occupancy for at least six months), less any amount needed to pay the cost of: (1) unpaid rent; (2) damages that are not due to normal wear and tear and are not listed on the Unit Move -In Inspection Report. (3) charges for late payment of rent and returned checks, as described in paragraph 6; (4) charges for unreturned keys, as described in paragraph 10; and (5) any other damages caused by the resident. d. The Owner agrees to refund the amount computed in paragraph 9.c within 30 days after the Tenant(s) has permanently moved out of the unit, returned possession of the unit to the Owner, and given his/her new address to the Owner. The Owner will also give the Tenant(s) a written list of charges that were subtracted from the deposit. If the Tenant(s) disagrees with the Owner concerning the amounts deducted and asks to meet with the Owner, the Owner agrees to meet with the Tenant(s) and informally discuss the disputed charges. e. If the unit Is rented by more than one person, the Tenant(s) agrees that they will work out the details of dividing any. refund among themselves. The Owner may pay the refund to any Tenant identified in paragraph 1 of this Agreement. f. The Tenant(s) understands that the Owner will not count the Security Deposit toward the last month's rent or repair charges owed by the Tenant(s) in accordance with paragraph 12. 10. Keys and Locks: The Tenant(s) agrees not to install additional or different locks or gates on any doors or windows of the unit without the written permission of . the Owner. If the Owner approves the Tenant(s)' request to install such locks, the Tenant(s) agrees to provide the Owner with a key for each lock. When this Agreement ends, the Tenant(s) agrees to return all keys to the unit to the Owner. The Owner may charge the Tenant(s) up to $15.00 for each key not returned. 11. Maintenance a. The Owner agrees to: (1) regularly clean all common areas of the project; (2) maintain the common areas and facilities in a safe condition (3) arrange for collection and removal of trash and garbage; (4)maintain all equipment and appliances in safe and working order; (5) make necessary repairs with reasonable promptness; r6 maintain exterior lighting in,$ood working order; 7 provide extermination services as necessary; and (8) maintain grounds and shrubs. b. The Tenant(s) agrees to: Equal Housing Opportunity (1) keep the unit clean; (2) use all appliances, fixtures and equipment in a safe manner and only for the purpose for which they are intended; (3) not litter the grounds or common areas of the project; (4) not destroy deface, damage or remove any part of the unit, common areas, or project grounds; (5) give the Owner prompt notice of any defects in the plumbing, fixtures, appliances, heating and cooling equipment or any other part of the unit or related facilities; (6) remove garbage and other waste from the unit in a clean and safe manner; (7) replace light bulbs; and (8) obey all federal, state and local laws regarding the Project 12. Damage: Wherever damage is caused by carelessness, misuse, or neglect on the part of the Tenant(s), his/her family or visitors, the Tenant(s) agrees to pay: a. the cost of all repairs as Additional Rent as described in paragraph 4 and do so within 30 days after receipt of the Owner's demand for the repair charges; and b. rent for the period the unit is damaged whether or not the unit is habitable. 13. Restrictions on Alterations: The Tenant(s) agrees not to do any of the following without first obtaining the Owner's written permission: a. change or remove any part of the appliances, fixtures or equipment in the unit; b. paint or install wallpaper or contact paper in the unit; c. attach awnings or window guards in the unit; d. attach or place any fixtures, signs, or fences on the building, the common areas, or the project grounds; e. attach any shelves, screen doors, or other permanent improvements to the unit; f. install fans, heaters, or air conditioners in the unit, or g. place any aerials, antennas, or other electrical connections on the unit. 14. General Restrictions: The Tenant(s) must live in the unit and the unit must be the Tenant(s)" only place of residence. The Tenant(s) shall use the premises only as a private dwelling for himself/herself and the individuals listed on the Lease and Certification / Recertification of Tenant Eligibility. The Tenant(s) agrees to permit other individuals to reside in the unit only after obtaining the prior written approval of the Owner. The Tenant(s) agrees not to: a. sublet or assign the unit, or any part of the unit without prior written approval by Owner; b. use the unit for unlawful purposes; c. engage in or permit unlawful activities in the unit, in the common areas, or on the project grounds; d. have pets or animals of any kind in the unit; e. make or permit noises or acts that will disturb the rights or comfort of neighbors. The Tenant(s) agrees to keep the volume of any radio, phonograph, television or musical instrument at a level which will not disturb the neighbors. Further, Tenant hereby acknowledges that if the police are called to the Unit or building in which the Unit is located for improper behavior of the Tenant, (including family members, friends, guests, persons on or about the premises because of the Tenant, relatives, associates and 15. Rules: Equal Housing Opportunity The Tenant(s) agrees to obey the Community Rules and Regulations, which are Attachment No. 1 to this Agreement. The Tenant(s) agrees to obey additional rules established after the effective date of this Agreement if: a. the rules are reasonably related to the safety, care and cleanliness of the building and safety, comfort and convenience of the Tenant(s); and b. the Tenant(s) receives written notice of the proposed rule at least 30 days before the rule is enforced. 16. Regularly Scheduled Re -certifications: Every year around the 1st day of.4thee Owner wil equest the Tenant(s) to report the income and composition of the Tenant(s) household and to supply any other information required by the Owner for the purpose of determining the Tenant(s)' continued eligibility pursuant to the Tax Credit Program. The Tenant(s) agrees to provide accurate statements of this information and to do so by the date specified in the Owner's request. The Owner will verify the information to recertify the Tenant(s)' continued eligibility for the Tax Credit Program. The Tenant(s) may request to meet with the Owner to discuss any change in his/her eligibility resulting from the recertification processing. If the Tenant(s) requests such a meeting, the Owner agrees to meet with the Tenant(s) and discuss how the Tenant(s) income and eligibility were computed. 17. Reporting Changes between Regularly Scheduled. Re -certifications: a. If any of the following changes occur, the Tenant(s) agrees to advise the Owner immediately: (1) Any household member moves out of the unit; or (2) An adult member of the household who was reported as unemployed on the most recent certification or recertification obtains employment; or (3) An adult member of the household begins receiving alimony and/or child support payments. b. The Tenant(s) must report any increases in income or any change in other factors considered in calculating the Tenant(s)' income and eligibility. If the increase in income or change in other factors will last more than 90 days, the Owner will verify the information and take the appropriate action, c. The Tenant(s) may request to meet with the Owner to discuss how any change in income or other factors affected his/her rent. If the Tenant(s) requests such a meeting, the Owner agrees to meet the Tenant(s) and explain how the Tenant(s)' income and eligibility were computed. 18. Tenant(s) Obligation to Repay: If the Tenant(s) submits false information on any application, certification or recertification, or does not report interim changes in family income or other factors, the Tenant(s) agrees to reimburse the Owner for the difference between the rent he/she should have paid and the rent he/she was charged. The Tenant(s) is not required to reimburse the Owner if errors or omissions are made by the Owner's failure to properly calculate income. 19. Access by Owner: The Owner agrees to enter the unit only during reasonable hours, to provide advance notice of his/her intent to enter the unit, and to enter the unit only after receiving the Tenant(s)' consent to do so, except when emergency situations make such notices impossible or except under paragraph (c) below: a. The Tenant(s) agrees to permit the Owner, his/her agents or other persons, when authorized by the Owner, to enter the unit for the purpose of making reasonable repairs and periodic inspections. b. After the Tenant(s) has given a notice of intent to move, the Tenant(s) agrees to permit the Owner to show the unit to prospective tenants during reasonable hours. Equal Housing Opportunity c. If the Tenant(s) moves before this Agreement ends, the Owner may enter the unit to decorate, remodel, alter or otherwise prepare the unit for re -occupancy. 20. Discrimination Prohibited: Under the Fair Housing Act, the Owner agrees not to discriminate based on race, color, religion, sex, disability, Familial status, age or national origin. 21. Termination of Tenancy a. Beyond the initial term of this Lease, to terminate this Agreement, the Tenant(s) must give the Owner 30 days written notice with forwarding address before moving from the unit. If the Tenant(s) does not give the full 30 days notice, the Tenant(s) shall be liable for rent up to the end of the 30 days for which notice was required or to the date the unit is re -rented, whichever date comes first. b. Any termination of this Agreement by the Owner must be carried out in accordance with State and local law, and the terms of this Agreement. The Owner may terminate this Agreement for: (1) • the Tenant(s)' material noncompliance with the terms of this Agreement; or (2) the Tenant(s)' material failure to carry out obligations under any State Landlord and Tenant Act; or (3) the Tenant(s)' misstatement of or false representation with respect to his/her application.; or (4) the Tenant(s)' income exceeded (at or subsequent to initial occupancy) the income limits required by law under the Tax Credit Program or other financing for the project; or (5) other good cause, which includes but is not limited to the Tenant(s)' refusal to accept the Owner's proposed change to this Agreement. Terminations for "other good cause" may only be effective as of the end of any initial or successive term. Material noncompliance includes, but is not limited to, nonpayment of rent beyond any grace period available under State law; failure to reimburse the Owner within 30 days for repairs made under paragraph 12 of this Agreement; repeated late payment of rent; permitting unauthorized persons to live in the unit; serious or repeated damage to the unit or common areas, creation of physical hazards, serious or repeated interference with the rights and quiet enjoyment of other tenants; failure to maintain the unit in a clean condition; giving the Owner false information regarding income; and failure to maintain utilities such that an unsafe or unsanitary condition exists. c. If the Owner proposes to terminate this Agreement, the Owner agrees to give the Tenant(s) written notice of the proposed termination. If the Owner Is terminating this Agreement for "other good cause" thetermination notice must be received by the Tenant(s) at least 30 days before the date the Tenant(s) will be required to move from the unit. Notices of proposed termination for other reasons must be given in accordance with any time frames set forth in State and local law and in accordance with any requirements imposed by any lender or Owner. All termination notices must: (1) specify the date this Agreement will be terminated; (2) state the grounds for termination with enough detail for the Tenant(s) to prepare a defense; (3) advise the Tenant(s) that he/she has an appeal period of 10 days within which to discuss the proposed termination of tenancy with the Owner. The 10 day period will begin on the earlier of the date the notice was hand -delivered to the unit or the day after the date the notice is mailed. If the Tenant(s) requests a meeting, the Owner agrees to discuss the proposed termination with the Tenant(s); and (4) advise the Tenant(s) of his/her right to defend the action in court. e. Owner shall be entitled to physically evict the Tenant(s) pursuant to any valid Court Order, without providing Tenant(s) with notice, except as required by State or local law. LJ Equal Housing Opportunity 22. Hazards: The Tenant(s) shall not undertake, or permit his/her family or guests to undertake, any hazardous acts or do anything that will increase the project's insurance premiums. If the unit is damaged by fire, wind, or rain to the extent that the unit cannot be lived in and the damage Is not caused or made worse by the Tenant(s), the Tenant(s) will be responsible for rent only up to the date of destruction. Additional rent will not accrue until the unit has been repaired to a livable condition. Owner is not obligated to rebuild or restore the Unit and/or the Project and in the event the Owner elects not to rebuild or restore the Unit and/or Project, this Lease shall terminate as of the date the Unit become uninhabitable due to said natural disaster. Tenant acknowledges that owner is not an insurer of Tenant's personal property and does not maintain insurance on Tenant's personal property. If the Tenant wishes to have his or her personal property Insured, Tenant should obtain renter's insurance. Tenant acknowledges that he/she has read this section by initialing here 44 , In addition, the Tenant(s) could become subject to penalties available under State law. 23. Contents of this Agreement: This Agreement and its Attachments make up the entire agreement between the Tenant(s) and the Owner regarding the unit. If any Court declares a particular provision of this Agreement to be invalid or illegal, all other terms of this Agreement will remain in effect and both the Owner and the Tenant(s) will continue to be bound by them. 24. Rental Agreement: Owner hereby appoints Humphrey Management as its authorized rental agent with full and complete authority to engage in all aspects of the business of the apartment complex. 25. Representations: Tenant(s) hereby represents and warrants that the items contained in the application for residency and the income certification are true and correct under the penalty of perjury. WITNESS: FA 0'4,70) iciAfi OWNER OR AUTHORIZED R NTATIV WITNESS: TENANT(S): Rev 11/2011 PARC Lease Date: Wi v/ ZDateDate: %2'3 /Z- Date: : Equal Housing Opportunity RULES AND REGULATIONS (for Humphrey Properties with No Federal Subsidy Programs) This Addendum to the Rental Agreement by and between the Cottages of Shippensburg, Owner, and Ken & Diane Kreiger Resident(s), dated November 30, 2012. The Rental Agreement provides that the Rules and Regulations of the Cottages of Shippensburg will be attached to the Rental Agreement, and incorporated by reference therein as an Addendum. Owner reserves the right to amend or supplement th'e Rules and Regulations contained herein upon reasonable notice to Resident(s), Any non-compliance with, or violation of, the Rules and Regulations of the Cottages of Shippensburg will constitute a non-compliance with, or a violation of the Rental Agreement, and may be grounds for Owner terminating the Rental Agreement and your right to be residents at the apartment complex. The Rules and Regulations are adopted for the benefit of all residents of the apartment community Office Hours. The manager will be available from 9:00 a.m. to 5:00 p.m., Monday through Friday, each week throughout the year, except on legal holidays. The Resident Manager will handle the initial matters involving your becoming a resident at our apartment complex, and the processing of your rental payments, maintenance needs and the like. After hours, we maintain an answering service for your convenience which you can reach by calling our office telephone numbers. We maintain an "on-call staff" to handle emergencies which involve danger to life or property. In case of emergencies, contact the answering service. 2, Maintenance. Please make your requests by telephone between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. No charges will be made for repairs or adjustments unless necessitated by Resident(s)' negligence or mistreatment. 3. Resident(s) Maintenance. Resident(s) have responsibilities to maintain their apartments and to keep the premises in a habitable condition. This includes at a minimum, waxing and polishing the tiled floor, cleaning the top of the kitchen cabinets and behind major appliances, and cleaning the exhaust intakes in the bathroom(s) and kitchen. Other items which require Resident(s) maintenance are: a. Range. Remove burners and drip pans and wash at least monthly. The oven should be cleaned regularly. b. Refrigerator. Wash interior regularly -- all models. Do not slam doors. The refrigerator should be defrosted, if applicable, regularly according to instructions. Do not use sharp tools to loosen frozen food packages or ice. Arrange food to permit air circulation. Use vacuum cleaner to clean condenser grill on back or bottom. Cover foods such as onions, cabbage, etc. Make sure frozen foods are properly wrapped. Cover liquids and moist foods, if your model requires this. If refrigerator will not be used for a month or more, empty, defrost, unplug, and leave door ajar. c. Disposals. It is recommended that the cover be kept in the drain position when not in use to prevent foreign material from accidentally dropping into the waste disposal unit. In using your disposal be sure that you have the cold water turned on. It is important to maintain a sufficient flow of water to flush shredded waste, such as potato peelings through the drains, even after you have turned off your disposal. Consult instruction book for list of disposal items. In general, coffee grounds, grease, egg shell, corn husk, and paper should never be put in disposer. BONES, BOTTLE CAPS, GLASS, PINS, FOIL, CROCKERY, RAGS, STRING OR PAPER SHOULD BE DEPOSITED IN THE TRASH. Study instructions on how to unjam disposer. Know location and operation of reset button. d. Grease. Cooking grease should be stored In an empty container in your refrigerator. When this container is full, it should be thrown away. Grease should never be discarded in the sink. 4. Appliances. Your apartment has been furnished with the necessary large appliances; additional large appliances (i.e., freezers, washers, dryers, etc.) ARE PROHIBITED, 5. Smoke Detectors. Your apartment has been furnished with electric smoke alarms with battery backup. Resident must make sure the smoke detector is not removed from where It is installed and it remains operable at all times. Resident assumes complete responsibility for preventing its loss, damage and/or destruction. Resident must test the smoke detector periodically and agrees to notify the Rental Office immediately if detector is missing or defective in any way. If your apartment has been furnished with a range safety feature known as a "Range Queen", this device must also remain in its location and fully operable. 6. Pro er Care of Apartments by Resident(s). Any damage resulting from the heating, water, lighting or plumbing equipment or to the p as ering, paint or woodwork or to any otner �'a t or me apartment premises, Trorn misuse o 7. Moving. Moving in and out of the apartment building must be accomplished between the hours of 9:00 am. and 8:00 p.m. Parking on grassy areas is prohibited. 8. No Alterations to Apartment, No alternations or improvements to the apartment premises will be made by Resident(s). This includes, but not limited to, painting, wallpapering, changing locks, and nailing or screwing into the walls or woodwork. If Resident(s) have questions about whether a particular thing would be considered an alteration or improvement under this section, inquire at the Rental Office. 9. Quiet Hours. Resident(s) will not make any disturbing noises on the apartment premises which will unreasonably interfere with the rights, comforts, or conveniences of other residents in the complex. The hours between ten o'clock (10:00) p.m. and eight o'clock (8:00) a.m., are considered quiet hours on the complex and will be observed by all residents. 10. Recreational Facilities. Owner has provided various recreational areas and facilities for the use and enjoyment of residents and their guests. All persons who use such areas and facilities do so at their own risk and assume all liability and responsibility for any accidents or personal injuries which may occur in connection with the use of these areas and facilities. Any temporary interruption, modification or discontinuance of any particular recreational service is not a cause for damages, for termination of this Agreement, or for a rebate or reduction in rent. Guests or Invitees. Resident(s) are responsible for the acts and conduct of their guests or visitors to the apartment complex, and if such guests or visitors commit acts which constitute violations of this Rental Agreement, state or local law or the applicable federal regulations, Owner may proceed against Resident(s) for termination of this Agreement based upon the violations of such guests or visitors. 12. Dangerous Matters Prohibited. Resident(s) shall not use or keep in the apartment explosives, cotton samples, burning Fluid, camphene, kerosene, fuel of any kind or other easily inflammable material and shall not otherwise permit anything to be done on the apartment premises which will in any way increase the rate of fire insurance in the apartment complex, or in any way conflict with any ordinance, rule or regulation of any governmental authority having jurisdicficn over the apartments. 13. Light Bulbs. Owner will furnish electric light bulbs in the fixtures at the time Resident(s) take possession of the apartment premises, but not thereafter. At time of move -out, light bulbs must be in working order, or Resident(s) will be charged the appropriate replacement costs. 14. Garbage Removal. Resident(s) must take the trash and garbage from the apartment premises to the place(s) designated by Owner. Resident(s) will not be allowed to maintain garbage cans outside the apartment premises, but must use the receptacles provided by Owner. Owner will remove the garbage regularly from the common receptacles. Trash must be in bags; cardboard and or newspapers mut be bound; recyclable must be in the proper receptades. The lids on the common receptacles must be able to close completely. It is the resident(s). responsibility to place trash in a receptacle that is not already full. 15. Security Doors. Residents) will keep the common entrance doors to apartment buildings closed at all times for reasons of security and energy conservation. Resident(s) are encouraged to keep their apartment doors locked, to get to know their neighbors, and to report door-to- door solicitors or suspicious strangers immediately by calling the Rental Office. 16. Proper Attire. Resident(s) and guests will be properly attired when appearing in the common areas, or other public places on the complex. Owner reserves the right to request that proper attire be worn and to determine what proper attire is in a given situation. • 17. Common Areas. The walks, entrances, passages, courts, stairways, corridors, and halls must not be obstructed, or encumbered or used for any purpose other than entering or leaving the apartment premises. Resident(s) may no linger in the common areas of passageways. Only approved doormats must be placed in the public corridors. Deliveries of newspapers and other articles must be taken into the apartment. premises promptly. 18. Installation of AerialslCable TV Dishes. No radio, or television, aerial or satellite dish installation will be made without the prior written consent of Owner, other than to any aerial, or other service, provided for residents by Owner. Any such aerial erected on the roof or exterior walls of the building without the consent of the Owner, is subject to removal without notice. 19. Signs. No sign, advertisement, notice or other lettering will be placed by Resident(s) on any part of the inside or outside of the apartment premises, or anywhere in the complex. 20. Parking Only In Areas Designated by Owner. Resident(s) must park any automobile or other vehicle, within the lines marking a single space, and then only in the spaces designated for Resident(s) to park by Owner, The parking of boats, trailer, commercial vehicles, and vehicles with six (6) or more wheels is prohibited anywhere on the premises. Every vehicle parked anywhere at the apartment complex must have current license plates. be properly inspected and otherwise be an operating motor vehicle otherwise in compliance with this paragraph. Owner reserves the right to have any vehicle towed away at the Resident(s)' expense, or at the expense of the vemcie owner, ror a non- compliance with this paragraph. 21. Laundry Rooms. If laundry rooms are provided in the apartment complex, they are equipped with coin-operated washers and dryers. Please remove clothing from the machines promptly. Do not use tints or dyes in the machines. Resident(s) are requested to observe machine operating instructions posted in the laundry room. Please report any malfunction of laundry equipment promptly to the Rental Office. 22. Extermination. Exterminating services are available on request or at the discretion of Owner. For service, please telephone the Rental Office. 23. Keys and Locks. All necessary apartment keys will be issued to the Resident(s) at the time of occupancy. Alteration or replacement of locks or installations of bolts, knockers, mirrors, or other attachments on the interior or exterior of any doors are prohibited. 24. Lock Outs. Lock outs will be charged a fee of $25.00. Proper identification is required to be admitted to an apartment. 25. Receiving Deliveries. It is the policy of this apartment complex not to accept deliveries for Resident(s) from third parties (furniture, flowers, mail, etc.), but if any such deliveries are received by Owner, even without our knowledge of such a delivery, the delivery will be at the Resident(s)'s expense, and at the Resident(s)' risk. Owner will not incur any liability In connection with a delivery so received by Owner. 26. No Motorcycles or Bicycles Inside Apartment. Resident(s) shall keep motorcycles and bicycles only in the areas so designated by Owner, but under no circumstances will either be kept inside the apartment premises, at any time. 27. Solicitations. Door-to-door soliciting is not permitted. Residents are requested to notify the Rental Office when solicitors appear anywhere on the apartment complex. 28. Lawn Areas. The use of personally owned lawn furniture and equipment should be confined to your apartment in order to maintain the proper appearance of the lawn area. The lawn areas are for the enjoyment of all residents and may not be used for sun bathing. 29. Draperies. There are to be no towels or sheets draped over windows. Only draperies or curtains hung on actual curtain and/or traverse rods (traverse rods only are provided upon request). 30. Oblectionable Conduct. Resident(s) will not engage in, or participate in, such conduct which is objectionable or prejudicial to the rights, privileges, safety and general welfare of the other residents living in the apartment complex. 31. Resident Grievance and Appeals Procedure, All grievances and appeals with respect to an Owner's decision relating to any matter arising from the Landlord and Tenant relationship, pursuant to the Rental Agreement, or otherwise, shall be in accordance with Management's grievance proccedure. Tenant has 10 days within which to discuss an action taken by management. The 10 day period will begin on the day after the date the notice was mailed or hand delivered to the unit. If the Tenant requests a meeting, the Landlord agrees to discuss the issue and advise the Tenant of his/her right to defend the action in court. 32. Pets. No pets are allowed to be kept or maintained, or to visit, Resident(s) at the apartment complex, or in the apartment premises, without the express prior written permission of Owner. Cottages of Shippensburg OWNER BY: AUTHO Rev. 05/2009 RE" DE (HEAD'O0 RESIDENT (SPOUSE OR OTHER) . b. Turo Robinson Attorneys at Law RON TURD, Esquire - Of Counsel JAMES M. ROBINSON, Esquire LORIN A. SNYDER, Esquire PAUL M. FERGUSON, Esquire JESSICA E. BREWBAKER, Esquire DANIEL L. PUSKAR, Esquire RUTH A. BROWN, Esquire Ken and Diane Kreiger 120 Cottage Road Shippensburg, PA 17257 Re: Lease Compliance Dear Mr. and Mrs. Kreiger: January 23, 2014 www.turorobinson.com 129 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 Cell (717) 609-6130 Sender: pferguson@turolaw. corn Our office represents the Senior Cottages of Shippensburg, LTD and HAI Management, Inc. regarding the above -referenced matter. Within the past six months, you have engaged in conduct in violation of your Rental Agreement. Such conduct must cease immediately. On December 3, 2012, you entered into a Rental Agreement with our clients in which you agreed to lease Unit Number 120 in the Cottages of Shippensburg residential community. Paragraph 21(b) of the Agreement provides, in part, that the owner may terminate the Agreement for "the Tenant(s)' material noncompliance with the terms of this agreement" and "other good cause." Furthermore, the Agreement states material noncompliance includes, but is not limited to, "serious or repeated interference with the rights and quite enjoyment of other tenants." Additionally, you signed a Rules and Regulations addendum to the Rental Agreement. Paragraph 30 of the Rules and Regulations states, "Resident(s) will not engage in, or participate in, such conduct which is objectionable or prejudicial to the rights, privileges, safety and general welfare of the other residents living in the apartment complex." Within the past six months, you have been involved in several incidents that violate the referenced provisions of the Rental Agreement. These incidents include the following: • September 4, 2013: e October 28, 2013: Mr. Kreiger disrupted an activity meeting in the Community Room by interrupting proceedings and speaking out of turn. Mrs. Kreiger confronted a fellow resident, placed her hands on the resident, trespassed on the resident's property and intimidated the resident. • December 4, 2013: Mr. Kreiger disrupted a meeting in the Community Room and threatened a fellow resident with physical violence. The conduct exhibited in these incidents must cease immediately. If you are involved in another similar incident, our clients will pursue any and all legal remedies to resolve this matter including terminating your Rental Agreement. It is our clients' desire to resolve this matter amicably. They want you and all of the residents of the Cottages of Shippensburg to reside in peace without interference or disruption. It is our hope that you share this desire. Thank you. Sincerely, TURO ROBINSON Attorneys at Law Paul M. Ferguson, Esquire Cc: Cottages of Shippensburg Turo Robinson Attorneys at Law RON TURO, Esquire - Of Counsel JAMES M. ROBINSON, Esquire LORIN A. SNYDER, Esquire PAUL M. FERGUSON, Esquire JESSICA E. BREWBAKER, Esquire DANIEL L. PUSKAR, Esquire RUTH A. BROWN, Esquire Ken and Diane Kreiger 120 Cottage Road Shippensburg, PA 17257 Dear Mr. and Mrs. Kreiger: March 14, 2014 NOTICE TO QUIT www.turorobinson.com 129 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 Sender: Cell (717) 609-6130 pferguson@turolaw.com Pursuant to Paragraph 21(b) of the Rental Agreement, the Senior Cottages of Shippensburg, LTD hereby terminates your lease effective 30 days from the date you receive this Notice. You are hereby notified that you have 30 days from the date you receive this Notice to vacate 120 Cottage Road, Shippensburg, PA 17257. The Senior Cottages of Shippensburg, LTD is terminating your lease for one or more of the following reasons: • Your material noncompliance with the terms of the Agreement, pursuant to Paragraph 21(b). Specifically, you engaged in conduct that constitutes a "serious or repeated interference with the rights and quiet enjoyment of other tenants." • Your violation of Paragraph 30 of the Rules and Regulations addendum to the Rental Agreement. Specifically, you engaged in, or participated in, "such conduct which is objectionable or prejudicial to the rights, privileges, safety and general welfare of the other residents living in the apartment complex." Each of these reasons, standing alone, is grounds for termination of your lease. In my January 23, 2014 letter to you, I informed you that if you did not cease such conduct, the Senior Cottages of Shippensburg, LTD would pursue any an all legal remedies including terminating your Rental Agreement. Since the date of that letter, you have continued to engage in such conduct with the most recent incident occurring on March 5, 2014. On that date, you disrupted a meeting in the Community Room and harassed and threatened a fellow resident. Pursuant to Paragraph 21(c) of the Rental Agreement and Paragraph 31 of the Rules and Regulations addendum, please be advised that you have an appeal period of 10 days within which to discuss the proposed termination of tenancy with the Senior Cottages of Shippensburg, LTD. This 10 day period will begin on the date you receive this Notice. If you request a meeting, the Senior Cottages of Shippensburg, LTD agrees to discuss the proposed termination with you and advise ou of our ri _ht to defend the action in court. Sincerely, TURO ROBINSON Attorneys at Law Paul M. Ferguson, Esquire Cc: Senior Cottages of Shippensburg, LTD 7012 2210 0000 7795 3851 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information. visit our website at www.usps.como Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees L30 ,PS Form 3800„ August 2006., SENDER: COMPLETE THIS SECTION `1 See Revers.etar.lnstructions� • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article A`dressed to: -en pnci Dicuie kreir 12-0 Coffer jc. Rocic! sb t19j7 ll COMPLETE THIS SECTION ON DELIVERY D. Is delivery address different from ❑ Agent ❑ Addressee . Date of Deliv )3i mi? CI Yes If YES, enter delivery address below: 0 No ry 3. SServici Type W -Certified Mail 0 Express Mail 0 Registered 0 Retum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) L! Xes 2. Article Number ' (transfer from service label) 7012 2210 0000 7795 3851 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Turo Robinson Attorneys at Law RON TURO, Esquire - Of Counsel JAMES M. ROBINSON, Esquire LORIN A. SNYDER, Esquire PAUL M. FERGUSON, Esquire JESSICA E. BREWBAKER, Esquire DANIEL L. PUSKAR, Esquire RUTH A. BROWN, Esquire Ken and Diane Kreiger 120 Cottage Road Shippensburg, PA 17257 Re: Appeal Decision Dear Mr. and Mrs. Kreiger: April 1, 2014 www.turorobinson.com 129 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 Sender: Cell (717) 609-6130 pferguson@turolaw.corn As you are aware, on March 25, 2014, Mr. Kreiger met with representatives of the Senior Cottages of Shippensburg, LTD, hereinafter, "the Cottages," to appeal the decision of the Cottages to terminate your lease. This appeal was conducted in accordance with the Rental Agreement and the Rules and Regulations addendum. At the appeal meeting, you were provided the opportunity to discuss the termination and offer reasons why you believe the Cottages should not terminate your lease. You offered a March 17, 2014 letter in which you indicated your desire to continue living at the Cottages. After a careful consideration of the facts of this matter, including the incidents documented previously and your March 17, 2014 letter, the Cottages has DENIED your appeal and will proceed with the termination of your lease. At the meeting, the Cottages advised you of your right to defend the action in court. The Cottages also provided you the opportunity to extend the amount of time you have to vacate the premises from April 14, 2014 until April 30, 2104. If you agreed to vacate by April 30, 2014, the Cottages would waive your rent for the month of April 2014. At the appeal meeting, you declined this offer. However, the Cottages gave you until today to reconsider your decision. As of the end of the business day today, you have not advised the Cottages that you accept the offer. Therefore, the offer is hereby rescinded. As you were informed in the Notice to Quit, you have 30 days from the date you received the Notice to vacate 120 Cottage Road, Shippensburg, PA 17257. Since you accepted service of the Notice to Quit on March 15, 2014, you have until April 14, 2014 to vacate the premises. Cc: Senior Cottages of Shippensburg, LTD Sincerely, TURO ROBINSON Attorneys at Law Paul M. Ferguson, Esquire HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. KENNETH A. KREIGER and DIANE KREIGER, • Defendant : NO. 14-2799 CIVIL ACTION : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Paul M. Ferguson, hereby certify that on this day, I served a true and correct copy of the foregoing Complaint, by depositing same in the United States Mail, first class, postage pre- paid, certified, return receipt requested, and regular mail, from Carlisle, Pennsylvania, addressed as follows: o Date Kenneth A. Kreiger and Diane Kreiger 120 Cottage Road Shippensburg, PA 17257 TURO ROBINSON Attorneys at Law Paul M. Ferguson Supreme Ct. No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff HUMPHREY MANAGEMENT, Plaintiff KENNETH A. KREIGER and DIANE KREIGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNnt, PENNSYLVANIA : NO. 14-2799 CIVIL ACTION z rri-ri c- rr- r - : CIVIL ACTION - LAW L. JURY JURY TRIAL DEMANDED c .4' - NOTICE OF INTENT TO DEFEND I, Kenneth A -Kreiger, hearby_gives Notice of Intent to Defend the above titledcase and demand strict proof of any or all alleged claims. NOTICE FOR JUDICIAL NOTICE The defendantwho is unschooledin_the law_asks_that.the_court.takenatice_tbat the defendant who is unschooled in law making pleadings and/or complaints shall have the court look at the substance of the pleadings rather than the form, and also hereby make the memorandum, including the related documents attached herewith, in the above -referenced case. Furthermore, Defendent hereby requests the judge notify them any_suasponte rights or remedies they'nlay overlook. Respectfully Submitted, Kenneth A. Kreiger 120 Cottage Road Shippensburg, PA 17257 (717)477-2419 HUMPHREY MANAGEMENT, :. IN_T-HEC-O-URT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 14-2799 CIVIL ACTION KENNETH A. KREIGER and : CIVIL ACTION — LAW DIANE KREIGER, Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWERS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendants, Kenneth A. Kreiger and Diane Kreiger and files the following answers to Plaintiffs, Humphrey Management Complaint, and in support thereof avers the following answers to be true: 1 — 4. Defendant affirms the facts of Items 1 — 4 of Plaintiffs complaint are correct. 5. Paragraph 21 of the lease states under (b) (5) "other good cause". The IRS has declared that the decision as to what constitutes "good cause" should left up to the courts. Exhibits 5 A -B -C -D -E are attached hereto to substantiate the stance of the IRS. 6, Paragraph 21 of the lease -does not state what constitutes serious or repeated interference with the rights and quiet enjoyment of the tenants consists of. No written -process or procedure on how -violations are investigated and administered was provided to the resident with their lease or at any time prior to this date. A copy of correspondences from Humphrey Management personnel states that you should familiarize yourself with the Community Rulebook. What are tenants rights and what is quiet enjoyment. Exhibit 6 -A -B are attached hereto and made part hereof. 7. Paragraph31of the Rules and Regulations -addendum to the lease has nothing to do with objectionable conduct and therefore request that item 7 of Plaintiffs complaint be dismissed. The addendum is attached as Exhibit 7-A and made part hereof. 8. The Plaintiff will need to provide verifiable written complaints and witnesses to such that was filed in accordance with any published policy and procedures of the tenant complaint policy. The Plaintiff contends that the Defendant has repeatedly interfered, (by Plaintiff's count 20 to 25 times) with the rights and quiet enjoyment of other tenants, but yet the Plaintiff has only served the Defendant with just one possible lease violation dated November 4, 2013_ and. followed up with a response letter from Ed Ernde_ on November 22; 2013 stating that a lease violation was committed based on the information provided by accuser and at a hearingconducted by the Plaintiff that does not permit the Defendant to produce witnesses on their behalf or be allowed to question their accuser. Exhibit 8-A are attached hereto and made part hereof. 9. False. Stating one's position on matters at a Cottages of Shippensburg Association(CSA) meetings weather it is popular or not does not constitute objectionable conduct, when one's first amendment rights allows the right to express ones opinion. An unfair feeling of dislike is totally on the other side coming from management and the CSA with their continuous unfounded accuations and un -warrented false complaints to the Shippensburg Police Department. Only one violation has ever been properly issued by the Plaintiffs standard procedure on the Defendant and on that action when Defendant asked for an appeal they were not permitted to bring witnesses or examine the accuser. As for addressing any cause for injury or harm it is the Plaintiff who allows residents(many in their mid -80's with medical issues that may diminish their good judgment, to carry concealed weapons in common areas -of the property, Management claims in correspondences that the -gun issue is just hearsay and we are investigating: Exhibits 9 -A -B- are attached hereto and -made- part hereof. 10. False. Plaintiffs alleged prohibited conduct which they claim occurred at CSA meetings which Plaintiff has stated in numerous communications that the Plaintiff cannot get involved in the CSA matters and that the CSA must work out it's own issues. 11. False. Defendant's actionsdo not violate the lease. Theallegedincidents,all associated with CSA meetings, officers or their actionsarenot under the jurisdiction of the_Plaintiff.. The plaintiff further states that the association must work out the details on how it is run democratically and orderly.- The plaintiff further states that that the CSA has to run in accordance with HUD 24 CFR Part 245 rules, and that the CSA should have it's own by-laws. Plaintiff further states they would like to see the CSA run in a democratic, orderly manor, 12. False. The incident of the September 4, 2013 CSA meeting disruption occurred when CSA President Cindy Ferry disrupted the meeting by abruptly exiting the meeting in a rage. After the meeting resident Randy Yeatts asked Defendant to join him and go to Ms Ferry's residents and -resolve the issue. In conversation with Ms Ferry, she stated that her problem was that she was having issues with her medications and that caused her to act the way she did. No warning or violation from Plaintiff was ever issued or brought to Defendant's attention. Defendant's will also provide substantial evedence that Ms Ferry at about this time, by her own admission did report the theft of perscription drugs to the Shippensburg Police Department from her unit and accused another resident of the theft. 1.3. False. The incident on October 28,.2014_resulted as a continuation of as ongoing dispute brought on by Marie Carey at a resident meeting when she stood up and made statements derogatory- to.Defendent's character which upset Diane Kreiger causing Defendant to run out of meeting crying over Mrs Carey's behavior and statements. On Sunday, October 27 Mrs Carey did place a flyer on our front porch as harassment, since none of our neighbors received a flyer at that time. The ongoing incident boiled over on October 28, 2013 when Defendant called Mrs Carey a "bitch" from across the street. A few minutes later realizing her lapse of bad judgment went over to Mrs Carey's porch and knocked on the door to apologize for calling her a derogatory word7 Mrs Carey's -husband-opened-the door to --Defendant, who-did-not-try-to-enter-the-Carey's home and tried to apologize to her for the incident. The defendant does not recall touching Mrs Carey. I wouldask that the Plaintiff show proof with pictures of a mark caused by the incident or a medical report for treatment required. Any intimidation would have come from the much taller and aggressive Mrs Carey. The Defendant did on November 5, 2014 send an apology letter to Mrs Carey. On another occasion Mr Kreiger was standing on his front porch taking pictures of dogs running loose in a neighbor's yard, when Mrs Carey called me an "asshole" from across the street. This incident was heard by another neighbor. This is just one of many incidents that have taken place in the Cottages of Shippensburg against the. Defendant and nothing is done about it, The Plaintiff manages the Cottages of Shippensburg is an unfair and unjust manner that overlooks violations committed, by certain residents. We shall introduce into evedence in court other instances where written complaints were filed by the Defendant's and the Plaintiff did nothing about the instances, when it fact the Plaintiff has conveyed in communications to the Defendant's that management addresses every written complaint reeceived from residents. Exhibits 13 -A -B are attached hereto and made part hereof. 14_ False._The.alleged_incident_r-eferred_to-.that_took. place_at-a_CSA_meeting_on_December 4, 2013 was never brought -to -Defendant's attention -at that time -or -any -time- prior to Toro -Robinson's letter to De#e�ndant of January 23, 2014. Defendant was never given notice of any violation or the opportunity to exercise Defendant's Grievance & Appeal Procedure as stated in Item 31.of the Rules & Regulations(for Humphrey Properties with No Federal Subsidy Programs). Defendant asks that Item 14 be dismissed with prejudice. 15, Defendant received said letter regarding matters that were never presented to Defendant's prior to Plaintiff's counsel's letter. Defendant's -were never allowed -to exercise their due process to -their legal rights as established by their lease. 16. False. Plaintiff was given false information from certain members of the CSA to discredit Defendant. One resident, a close friend of resident and CSA President, who said resident is dependent upon for most of her travel requirements for doctor appointments, shopping, etc. and is controlled by the CSA President, who did file a harassment charge against Defendant and no decision has been rendered and in a continuation until September Z 20.14._ Defendant can pronethat the alleged harassment charge filed against Defendant by said resident was put up to and her story supported by certain members of the CSA. On the witness stand the two witnesses for the alleged victim gave testamony that did not suppont each others version. Defendant's will further discredit key witnesses by providing written proof that statements that were made by them were untrue. Again, the Defendant was not aware of the alleged meeting distrubance until Defendant received said letter regarding the disruption that was never presented to Defendant's prior to Plaintiffs counsel's letter. Defendant was never allowed to exercise their due -process -to their legal rights..as_established by their lease. 17. Defendant agrees to receiving notice only. 18___ Agreed. This is a requirement required bKPennsylvaniaiaw that_renter's_.have the right to dispute an eviction. 19. Agreed. Defendant met with Plaintiff and pleaded their request to stay. Exhibit 19-A is attached hereto and made part hereof. 20. Defendant agrees to receiving letter from Plaintiff that appeal was denied. 21. Agreed. Defendant stands on his right to stay until all legal avenues are exhausted in overturning any ruling that is made in the Plaintiffs favor. 22. Agreed. Defendant filed notice to appear for hearing with Magisterial District No. MDJ-09-3-01 and made requests for needed subpenas. 23. Agreed. Hearing was held before the Honorable H. Anthony Adams. 24. Defendant's exerted their right to appeal the decision of the Honorable H. Anthony Adams and retains procession of the property. 25. Agreed. Defendant's did file an appeal of the Honorable H. Anthony Adams judgment in the Court of Common Pleas of Cumberland County, Pennsylvania. No. 14-2799 CIVIL ACTION — LAW. 26. Agreed. Defendant's stands on their right to stay in possession of said property until all legal avenues are exhausted in overturning any ruling in the Plaintiffs favor. COUNT 1: POSSESSION 27. Paragraphs 1 — 26 have been answered by the Defendant's and raises the question as to the validly of the Plaintiffs claims set forth herein and will be challenged in court. 28. Defendant's do not dispute the fact that a lease for not more that three years was in effct. The Plaintiffs claim as to what 250.201 states, "Real property, including any personal property thereon, may be leased for a term of not more than three years by a landlord or his agent to a tenant or his agent, by oral or written contract or agreement" Plaintiff's Paragraph 28 has no bearing on their claim. Plaintiffs Count 1: Possession should therefore be dismissed. Exhibit 28-A are attached hereto and made part hereof. 29. False. Defendant's maintains that lease is valid and still in effect until the matter is decided otherwise in court by a jury of one's peers. 30. Defendant's agrees that Plaintiff has followed the provisions of The Landlord and Tenant Act of 1951 as it relates to recovery of possession, but Plaintiffs claim for a 7ust cause" eviction needs to be decided on a case- by-case basis by the courts according to the IRS interpretation as to what is "just cause" for an eviction. 31_ . Furthermore, the Defendant's brings forth the claim.that_the_illegal action taken by the Plaintiff is no more that a "retaliation" eviction and willprovideproof of said actions by the Plaintiff against the Defendants. WHEREFORE, Defendant's, Kenneth A. Kreiger and Diane Kreiger for the reasons set forth above, prays that this Honorable Court issue a dismissal with prejudice in the Defendant's favor and against the Plaintiff, Humphrey Management and Senior Cottages of Shippensburg, LTD and grant Defendant's possession of said leased property. Date Respectfully Submitted, /6000 16arti Kenneth A. Kreiger 120 Cottage Road Shippensburg, PA 17257 (717) 477-2419 HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 14-2799 CIVIL ACTION KENNETH A. KREIGER and : CIVIL ACTION -- LAW DIANE KREIGER, Defendant JURY TRIAL DEMANDED COUNTERCLAIM AND NOW, comes the Defendants, Kenneth A. Kreiger and Diane Kreiger, and files the following counterclaim against the Plaintiff, Humphrey Management, and asks for the opportunity to present its claims and provide proof to substantiate Defendants claims before a jury trial. 1. Defendants, Kenneth A. Kreiger and Diane Kreiger, husband and wife, resident's of the Senior Cottages of Shippensburg residing at 120 Cottage Road, Shippensburg, Cumberland County, PA 17257. 2. Plaintiff, Humphrey Management, is the parent management company of HAI Management, Inc., a Maryland corporation, agent of the Senior Cottages of Shippensburg, LTD, located at 300 Dwelling Court, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The property is owned by Humphrey Management and Homes for America, known jointly as the Senior Cottages of Shippensburg, LTD. Plaintiff Humphrey Management, manages the Property as agent for the Senior Cottages of Shippensburg, LTD. 4. The Plaintiff on numerous occasions has denied, or has allowed others to deny or interfere with the Defendants right to freedom from serious interference with their tenancy, or acts or omissions that has impaired the Defendant's character or value of the leasehold. Therefore, the Defendant's are suing the Plaintiff for breach of their quiet enjoyment on numerous occasions. 5. The Plaintiff along with others residents that they have allowed along with them to harass, alienate, and have intentionally violated the Defendants right to the implied covenant of quiet enjoyment and the Plaintiffs repeated use of threats, unfounded violation notices, harassment, and menacing conduct to influence and force Defendants to move out. (Exhibit 5A) 6. The Plaintiff has denied the Defendants their right to freedom of speech, press and rightto assemble on several occasions. Plaintiffs have interfered with the tenant's right to organize as permitted under HUD 24 CFR Part 245 and outlined in PHFA manuals.(Exhibit 6A) 7. The Plaintiff has permitted a select group of residents to recklessly harass, torment, make and repeat accusations of slander, make verbal derogatory statements, spread false and damaging allegations about the Defendants. Plaintiff has entered in and provided gossip to certain residents of the Senior Cottages of Shippensburg. Plaintiffs actions directly or indirectly have caused Defendants severe mental cruelty and emotional distress. 8. Plaintiffs actions to evict the Defendants are solely based on retaliation from Defendant's right to report violations and illegal activities that the Plaintiff has committed or has allowed others to commit within the Senior Cottages of Shippensburg. (Exhibit 8A -B -C) WHEREFORE, Defendants, Kenneth A. Kreiger and Diane Kreiger for the reasons set forth above, prays that the Honorable Court permit the Defendants to prove their claims in a jury trial against the Plaintiff and grant Defendants a fair settlement of $25.000.00. Respectfully Submitted, Date Kenneth A. Kreiger 120 Cottage Road Shippensburg, PA 17257 HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 14-2799 CIVIL ACTION KENNETH A. KREIGER and : CIVIL ACTION — LAW DIANE KREIGER, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kenneth A. Kreiger hereby certify that on this day, I served a true and correct copy of the foregoing Answers, by depositing samein the -United. States Mail, first class, postage prepaid, return receipt requested, and/or regular mail, from Carlisle, PA, addeseeed as follows: 6.- /l - 2a1ti Date Paul Matthew Furguson, Esq. Turo Robinson 129 S. Pitt Street Carlisle, PA 17013 Humphrey Management 300 Dwelling Court Shippensburg, PA 17257 '624/946 Kenneth A. Kreiger 120 Cottage Road Shippensburg, PA 17257 VERIFICATION I verify that the statements made in the foregoing Answers are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date Kenneth A Kreiger (Defendant) Diane Kreiger (Defendant) HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 14-2799 CIVIL ACTION KENNETH A. KREIGER and : CIVIL ACTION — LAW DIANE KREIGER, Defendant : JURY TRIAL DEMANDED Participant List_. Plaintiff(s) Humphrey Management 300 Dwelling Court Shippensburg, PA 17257 Defendant's Kenneth A Kreiger & Diane Kreiger 120 Cottage Road Shippensburg, PA 17257 Plaintiffs Attorneys) Paul Mattthew Furguson, Esq. Turo Robinson 129 S. Pitt Street Carlisle, PA 17013 DEFENDANT'S ANSWERS EXHIBITS DEFENDANT'S EXHIBIT --A Chapter 26 -- Tenant Good Cause Eviction. and Rent Increase. Protection http://www.irs.gov/Businesses/Sma11-Businesses-&-Self-Employed/... Small Business/Self- Employed • Industries/Professions • International Taxpayers • Self -Employed • Small Business/Self- Employed Home Small Business/Seff- Employed Topics • A -Z Index for Business • Forms & Pubs • Starting a Business • Deducting Expenses • Businesses with Employees SFiling/Paying Taxes • Post -Filing Issues • Closing Your Business DEFENDANT'S k EXHIBIT 5-B Chapter 26- Tenant Good Cause Eviction and Rent Increase Protection Definition Under IRC §42(h)(6), buildings are eligible for the low-income housing credit only if the own entered into an extended low-income housing commitment. The commitment is commonly ki the "extended use -agreement." The extended use agreement must be recorded pursuant to law as a restrictive covenant. See Chapter 16 for additional detail. 3 -Year Good Cause Eviction and Rent Increase Protection for Tenants. The term of the agreement is at least 30 years, beginning on the first day of the compliance and ends on the later of the date specified by the state agency or 15 years after the close 15 -year compliance period under IRC §42(i)(1). IRC §42(h)(6)(E)(i) describes two circumst by which the extended use agreement can be terminated: 1. the building is acquired through foreclosure, or 2. the state agency fails to present a qualified contract for the acquisition of the LIHC build part thereof) by a party who will continue to operate the building (or part thereof) as love housing. In the event that the extended use agreement is terminated; IRC §42(h)(6)(E)(ii) provides e low-income tenants protection against two events for three years following the termination. events are: 1. the eviction or the termination of tenancy1 (other than for good cause) of an existing ten any low-income unit, or 2. any increase -in -the gross rent with respect to such unit no otherwise permitted under IR Revenue Ruling 2004-82: Prohibitions Under IRC §42(h)(6)(B)(i) Apply throughout Extend U Period Under section C of Rev. Rul. 2004-82?•, Q&A #5 provides further guidance regarding extended use agreements. Question 5 asks, "Must the extended low-income housing comrr prohibit the actions described in subclauses (I) and (II) of IRC §42(h)(6)(E)(ii); i.e., eviction termination of tenancy (other than for good cause) only for the 3 -year period described in II §42(h)(6)(E)(ii)?" The answer is "no". IRC §42(h)(6)(B)(i) requires that an extended low-income housing coma include a prohibition during the entire extended use period against: (1) the eviction or the termination of tenancy (other than for good cause) of an existing tenant of any low-income i (no -cause eviction protection) and (2) any increase in the gross rent with respect to the unit otherwise permitted- under I•RC §42. The revenue ruling includes the following explanation. When Congress amended IRC §42(h) to add the requirement that the extended use agreement must prohibit the actions describe, subclauses (I) and (II) of subparagraph (E)(ii), IRC §42(h)(6)(E)(ii) was already part of §42 result, Congress must have intended the amendment to §42(h)(6)(B)(i) to add an additional requirement beyond what was contained in-§42(h)(&)(E)(ii)—whieh-already prohibited the ac described in that section for the 3 years following the termination of the extended -use perio, Because the requirements of §42(h)(6)(B)(i) otherwise apply for the extended use period, Congress must have intended the addition of the prohibition against the actions described it subclauses (I) and (II) of §42(h)(6)(E)(ii) to apply throughout the extended use period. The revenue ruling also provided guidance for updating extended use agreements to explicit provide -tenants -with -protection against evictions without good causeand increases in rent r allowable under 1RC §42. The revenue ruling provided that if it is determined; by the end of < taxable year that a taxpayer's extended use agreement does not meet the requirements foi l of 5 6/3/2014 6:10 PM Chapter 26 -- Tenant Good Cause Eviction -and -Rent Increase Protection http://www.irs.govBusinesses/Small-Businesses-&-Self-Employed/... extended use agreement under IRC §42(h)(6)(B) (for example, it does not provide no -cause eviction protection for tenants of low-income units throughout the extended use period ), the low-income housing credit is not allowable with respect to the building for the taxable year, or any prior taxable year. However, if the failure to have a valid extended use agreement is in effect is corrected within 1 year of the date of the determination, the determination will not apply to the current year of the credit period or any prior year. The revenue ruling also requires the state agencies to review its extended low-income housing commitments for compliance with the interpretation of §42(h)(6)(B)(i) by December 31, 2004. If, during the review period, the housing credit agency determines that an extended low-income housing commitment is not in compliance with the interpretation of §42(h)(6)(B)(i) provided in Revenue Ruling 2004-82, the 1 -year period described under §42(h)(6)(J) will commence on the date- of that determination: Revenue Procedure 2005-37 Effective June 21, 2005, the IRS issued Rev. Proc. 2005-373 to provide the state agencies guidance for satisfying the review requirements under Rev. Rul. 2004-82, Q&A #5. Extended Use Agreements Entered into Before January 1, 2006, If the extended use agreement contain general language requiring building owners to comply with the requirements of' IRC §42 (catch-all language), the requirements of Rev. Ruling 2004-82, Q&A #5, are satisfied if: 1. Agencies notify building owners in writing on or before December 31, 2005, that consistent with the interpretation in -Q&A #5, the catch -all -language prohibits the owner from evicting or terminating the tenancy of anexistingtenant of any low-income unit (other than for good cause) throughout the entire commitment period. Further, state agencies must notify building owners that the catch-all language prohibits the owner from making an increase in the gross rent with respect to a low-income unit not otherwise permitted by IRC §42 throughout the entire commitment period; 2. The owner must, as part of its certification under Treas. Reg. §1.42-5(c)(1)(xi), certify annually that for the preceding 12 -month period no tenants in low-income units were evicted or had their tenancies terminated other than for good cause and that no tenants had an increase in the gross rent with respect to a low-income unit not otherwise permitted under IRC §42; Finally, if the extended use agreement is amended for any reason after December 31, 2005, it must also be amended to clearly provide for the prohibition against the eviction or termination of tenancy other than for good cause and any -increase in -the gross rent not otherwise permitted under IRC §42: Commitments entered into before January 1, 2006, that do not contain specific language on the IRC §42(h)(6)(B)(i) prohibitions or catch-all language do not satisfy the requirements of Rev. Rul. 2004-82, Q&A #5 and must be amended by December 31, 2005 to clearly provide for the IRC §42(h)(6)(B)(i) prohibitions against the eviction or termination of tenancy of an existing tenant of any low-income unit (other than for good cause) and the increase in the -gross rent with respect to a low-income unit not otherwise permitted by I RC §42. Extended Use Agreements Entered into After December 31, 2005 1. Extended use agreements executed after December 31, 2005, must clearly provide for the prohibition against the eviction or termination of tenancy other than for good cause and any increase in the gross rent not otherwise permitted under IRC §42. 2. The owner must also, as part of its certifications under Treas. Reg. §1.42-5(c)(1)(xi), certify annually that for the preceding 12 -month period no tenants in low-income units were evicted or had their tenancies terminated other than for good cause and that no tenants had an increase in the gross rent with respect to a low-income unit not otherwise permitted under IRC §42. Eviction or "Termination of Tenancy" Eviction is the act or processoflegally dispossessing a person of land or rental property. An owner who wishes to evict a tenant must comply with applicable state and/or local laws governing. evictions. 2 of 5 6/3/2014 6:10 PM Chapter 26 -- Tenant Good Cause Eviction and Rent Increase_ Protection httpJ/www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/... Good Cause The owner of an IRC §42 property must be able to demonstrate if challenged in state court that good cause existed to support the eviction or termination of a tenant from a low-income unit. For purposes of IRC §42(h)(6)(E)(ii)(1), good cause is determined by the state and local law applicable to the location in which the IRC §42 property is located. State or local law examples of good cause evictions may include nonpayment of rent, violations of the lease or rental agreement, destruction or damage to the property, interferento with other tenants or creating a nuisance, or using the property for an unlawful purpose. Owner Fails to Renew Lease A lease to rent low-income housing is a contract. A lease contract expires at the end of the time period specified in -the lease. At that time, the tenantsurrenders the low-income housing unit to the owner and the owner accepts it back. The owner and tenant may renew the contract (or enter into a new contract), thereby allowing the tenant to continue occupying the low-incomeunit, but the owner is not obligated to renew a lease or enter into a new one, and failure to do so does not, per se, constitute an eviction without good cause. However, the owner must be prepared to demonstrate if challenged in state court that the nonrenewal of a lease is not a "termination of tenancy" for other than good cause under IRC §42. The owner must provide the tenant with timely notice that the lease will not be reneitved as required under state law. In Compliance Owners are in compliance with the prohibitions against evictions or terminations of tenancy for other than good cause and increases in the gross- rent- not permitted under IRC §42 when all of the following four requirements are met. 1. The extended use agreement includes the prohibitions. 1. For agreements entered into before January 1, 2006, the agreement must contain general language requiring building owners to comply with the requirements of IRC §42 (catch-all language) and the state agency must notify the owner in writing on or before December 31, 2005, that the catch-all language prohibits the owner from evicting or terminating the tenancy of an existing tenant of any low-income unit (other than for good cause) or increases the gross rent not otherwise permitted by I RC §42 throughout the entire commitment period. 2. For extended use agreements executed after December 31, 2005, the agreement must clearly provide for the prohibition against the eviction or termination of tenancy other than for good cause and any increase in the gross -rent not otherwise permitted under IRC §42. 2. The owner must, as part; of its annual certification under Treas. Reg. §1.42-5(c)(1)(xi), certify annually that for the preceding 12 -month period no tenants in low-income units vtiore evicted or had their tenancies terminated other than for good cause and that no tenants had an increase in the gross rent with respect to a low-income unit not otherwise permitted under IRC §42. 3. The owner must not evict or terminate the tenancy of, an existing tenant of any low-income unit for other than for good cause. 4. The owner must not increase -the -gross rent unless permitted by IRC §42. Out of Compliance Owners are out of compliance with the prohibitions against evictions or terminations of tenancy for other than good cause and increases in the gross rent not permitted under IRC §42 if any of the following three requirements is not met. Extended Use Agreement Generally, no credit is allowable for a building in a year unless an extended use agreement is in effect at the end of the year. The extended use agreement is not in effect and the owner is out of compliance if (1) the extended use agreement does not include the prohibitions, or (2) does not contain the general catch-all language requiring compliance with IRC §42 if the agreement was entered into before January, 1, 2006. Noncompliance is reported under category 11k, Owner Failed to Execute and Record Extended Use Agreement Within Time Prescribed by Section 42(h)(6)(J). See Chapter 16 for additional 3 of 5 6/3/2014 6:10 PM Chapter 26 -- Tenant Good Cause Eviction_andRent Increase.. Protection http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/... discussion. Annual Certification Owners are out of compliance if they fail to certify annually, or certify incompletely or inaccurately, under the penalty of perjury, that for the preceding 12 -month period no tenants in low-income units were evicted or had their tenancies terminated other than for good cause and that no tenants had an increase in the gross rent with respect to a low-income unit not otherwise permitted under IRC §42. Noncompliance is reported under category 11d, Owner Failed to Provide Annual Certifications or Provided Incomplete or Inaccurate Certification. See Chapter 7 for additional discussion. Increased Gross Rent The owner is out of -compliance if the gross rent- is increased in a manner not permitted by IRC §42. A unit qualifies as an LIHC unit when the gross rent does not exceed 30 percent of the imputed income limitation applicable to such unit under IRC §42(g)(2)(C). The income limit fqr a low-income housing unit is based on the minimum set-aside election made by the owner under IRC §42(g)(1). Noncompliance is reported under category 11g, Gross Rent(s) Exceed Tax Credit Limits. See -Chapter 11 for additional discussion. Back in Compliance Owners are back in compliance with the prohibitions against evictions or terminations of tenancy for other than good cause and increases in the gross rent not permitted under IRC Wit Extended Use Agreement The extended use agreement is in effect and the owner is back in compliance when the extended use agreement is amended to clearly provide for the prohibition against the eviction or termination of tenancy other than for good cause and any increase in the gross rent not otherwise permitted under IRC §42. Corrected noncompliance is reported under category 11k, Owner Failed to Execute and Record Extended Use Agreement Within Time Prescribed -by Section 42(h)(6)(J).. See Chapter 16 for additional discussion. Annual Certification The noncompliance is corrected when the owner certifies that for the preceding 12 -month period no tenants in low-income units were evicted or had their tenancies terminated other than for good cause and that no tenants had an increase in the gross rent with respect to a low-income unit not otherwise permitted under IRC §42-. In the -event that tenant(s)-in low-income units were evicted or had their tenancies terminated other than for good cause, or that tenant(s) had an increase in the gross rent with respect to a low-income unit not otherwise permitted under IRC §42, the annual certification must disclose the violations. • Corrected noncompliance is reported under category 11k, Owner Failed to Provide Annual Certifications -or -Provided Incomplete -or Inaccurate Certification. See -Chapter 7 for additional discussion. Increased Gross Rent A unit is back in compliance when the rent charged does not exceed the limit. An owner cannot avoid the disallowance of the LIHC by rebating excess rent to the affected tenants. Corrected noncompliance is reported under category 11g, Gross Rent(s) Exceed Tax Credit Limits. See -Chapter 11 for additional discussion. Reference 1. IRC §42(h)(6) 2. Rev. Rul. 2004-82, 2004-35, 1. R. B. 1 3: Rev: Proc. 2005-27, 2005-28 I.R.S. 1 Footnotes: 4 of 5 6/3/2014 6:10 PM Chapter 26 -- Tenant Goad_Cause Eviction and Rent Increase Protection http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/... 1The term "termination of tenancy" has no legal definition. It was first introduced as a term of art specific to IRC §42 in the Omnibus Budget Reconciliation Act of 1990. The bill clarifies that the extended low-income housing commitment must prohibit the eviction or termination of tenancy (other than for good cause) of an existing tenant of a low-income unit or any increase in the gross rent inconsistent with the rent restrictions on the unit. See Committee Reports on P.L. 101-508 (Omnibus Budget Reconciliation Act of 1990) COM -RPT, 94 FED 14380.27. 2Rev. Rut. 2004-82, 2004-2 C. B. 350 3Rev. Proc. 2005-37, 2005-28 I.R.B. 79 Page Last Reviewed or Updated: 21 -Mar -2014 5. of 5 . 6/3/201.4 6:10 PM CHAPTER 6 LEASE REQUIREMENTS The Agency does not provide a model Lease Agreement. However, owners must execute Lease Agreements with_ residents that incorporate specific provisions that establish resident responsibilities and avoid certain prohibited provisions as follows: A. Required Lease Terms 1. The initial lease term must be for not less than one year, unless by mutual agreement between the resident and the owner. The Lease term must be at least six months for tax credit properties. SROs that are for transitional, housing are the only exception, which can be month to month. 2. It shall provide that upon a two-day written notice to the resident the Agency, accompanied by the owner or agent, shall be permitted to enter the dwelling unit during reasonable hours for the purpose of performing an inspection. 3. The lease must include a mechanism that will allow termination of the agreement and eviction for violation. An owner may not terminate the tenancy or refuse to renew the Lease of a resident except for serious or repeated violation of the terms and conditions of the lease; for violation of applicable federal, state, or local law; for completion of the transitional housing tenancy period; or for other good cause. Any termination or refusal to renew must be preceded by a 30 day written notice specifying the grounds for the action. 4. The lease must contain a provision for the resident to provide accurate information to determine eligibility at move -in and annual recertifications. On commencement of the Lease, and annually thereafter, the resident shall provide the owner with such certifications, verifications, and information as owner may require in order to perform an examination, reexamination, or determination of the family income and eligibility as provided in this Manual, as well as other applicable federal or state programs. A failure to provide certification, verifications and information, or any falsification or willful misrepresentation shall be deemed to be a violation of the Lease. At the annual reexamination, the owner determines that the family income exceeds the maximum limit, the resident shall be permitted to continue to occupy the dwelling unit, provided that the resident shall be required to pay the appropriate rent in accordance with one of the following financing programs: a. For tax-exempt bond properties without tax credits or PennHOMES funding: • The rent to the dwelling unit in accordance with a. schedule of conventional rents previously approved by the Agency. b. For PHFA Homes Program properties with tax credits with initial closing prior to July 1995 (Chapter I2): . The current applicable tax credit program rent. PENNSYLVANIA HOUSING FINANCE AGENCY 6-1 DEFENDANT'S b EXHIBIT c. For PennHOMES properties with tax credits: • The current applicable PennHOMES program rent. (Exhibit 7) d. For PennHOMES properties without tax credits: • The maximum High PennHOMES rent, if the family's income exceeds 50 percent or is equal to or less than 80 percent of the area median income, adjusted for family size, or . Thirty percent of the family's adjusted monthly income, at annual recertification, if the resident's income exceeds 80 percent of the area median income, adjusted for family size. 5. The Lease must include: (a) Security deposit amount and utility information. (b) Monthly rental amount. (c) Signatures of all parties. (d) A statement that the Lease complies with all federal, state, and local laws. 6. The Lease must agree to give the resident a 30 -day advance, written notice of any increase. in -the- monthly rents. 7. Any material misrepresentation in the resident application for the leased premises, whether intentional or otherwise, may be treated by the owner, at its sole option, as an act of default under the Lease and all remedies available to owner in the event of other defaults shall likewise be available to owner in such case. 8. The owner must maintain the premises in compliance with Agency Design Standards, Housing Quality Standards, and local code requirements, 9. A lease addendum is required to be signed by families occupying an accessible unit, not requiring the special features, that states the household living in the accessible unit will transfer, at property expense, when an applicant requests an accessible unit. A sample addendum is provided in Exhibit 2: 10. The owner/agent must provide a letter to the Agency attesting to the consistency of the form of lease to be used at the property with all state and local landlord and tenant laws, including any amendments or revisions. 11. In accordance with the Internal Revenue Service released Revenue Ruling 2004-82, no low income resident of a tax credit property may be evicted or otherwise have their lease terminated other than for good cause. All owners must ensure that leases for tax credit units specify that tenants will not be evicted except for good cause. B. Prohibited Lease Terms The Lease may not containanyof the following provisions: 1. Agreement by the resident to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the Lease. PENNSYLVANIA HOUSING FINANCE AGENCY 6-2 2. Agreement by the resident that the owner may take, hold.,_ or sell personal property of household members without notice to the resident and a court decision on the rights of the parties. This prohibition, however, does not apply to an, agreement by the resident concerning disposition of personal property remaining in the housing unit after the resident has moved out of the unit. The owner may dispose of this personal property in accordance with state law. 3. Agreement- by the resident not to hold- the- owner or theowner's agents legally responsible forany action or failure to act whether intention -at -or negligent. 4. Agreement of the resident that the owner may institute a lawsuit without notice to the resident. 5. Agreement by the resident that the owner may evict the resident or household members without instituting a civil court proceeding in which the, resident has the opportunity to present a defense or before a court decision on the rights of the parties. 6. Agreement by the resident to waive any right to a trial by jury. 7. Agreement by the resident to waive the right to appeal or to otherwise challenge in court a court decision- in- connection with the Lease. 8. Agreement by the resident to pay attorney fees or other legal costs, even if the resident wins in a court proceeding by the owner against the resident. If the case is lost, the resident, however, may be obligated to pay costs. PENNSYLVANIA HOUSING FINANCE AGENCY 6-3 PHFA PENNSYLVANIA HOUSING FINANCE AGENCY To: Post 1989 Tax Credit Owners Re: IRS Revenue Ruling 2004-82 and Revenue Procedure 2005-37 Good Cause Evictions 2U North Front Street P.O. Bolt 8029 - Harrisburg, PA 17105-8029 (717) 780-3846 Earlier this year, the Pennsylvania Housing Finance Agency ("Agency") requested your acknowledgment of the requirements of Revenue Ruling 2004-82 dated August 30, 2004 addressing numerous issues relating to the federal tax credit program. One of the items addressed in the Revenue Ruling reiterated that low income residents in tax credit properties may not be evicted, except for good cause, throughout the entire project compliance period (including the extended use period). Subsequent to the Agency's notice to you, the IRS issued Revenue Procedure 2005-37 effective June 21, 2005. The Revenue Procedure clarifies Revenue Ruling 2004-82 and sets forth the procedures for meeting the IRS's requirement. Extended low-income housing commitments recorded in Pennsylvania contain language requiring building owners to comply with all requirements of Section 42 of the Internal Revenue Code of 1986 ("catch-all language"). The Agency hereby notifies building owners that: (a) (b) consistent with the interpretation in Q&A -5 of Revenue Ruling 2004-82, the catch-all language prohibits the owner from evicting or terminating the tenancy of an existing tenant of any low- income unit (other than for good cause) throughout the entire commitment period; the catch-all language prohibits the owner from making an increase in the gross rent with respect to a low-income unit not otherwise permitted by Section 42 throughout the entire commitment period; (c) the owner must, as part of its annual certification under Treasury Regulation 1.42-5(c)(1)(xi), certify that for the preceding 12 -month period no tenants in low-income units were evicted or had their tenancies terminated other than for good cause and that no tenants had an increase in the gross rent with respect to a low-income unit not otherwise permitted under Section 42; (d) if the owner fails to make the certifications in (c) above or the Agency learns that the owner has evicted tenants in low-income units or terminated their tenancies other than for good cause or has increased the gross rent of a tenant with respect to a low-income unit not otherwise permitted under Section 42, the Agency shall report the owner to the IRS using Form 8823, Low -Income Housing Credit Agencies Report of Noncompliance or Building Disposition and (e) the requirements contained in this notice shall also apply to any amendment to any commitment containing catch-all language if the amendment is executed after December 31, 2005. If you have any questions regarding the foregoing information, feel free to contact Holly Glauser-Abel at 717-780-3994. DEFENDANT'S EXHIBIT MEMORANDUM To: Brian Hudson, Executive Director PHFA From: Cindy Daley Date: December 10, 2004 Re; ImplementationofIRS Rev. Rul. 2004-82 On behalf of the Pennsylvania Legal Services community, we are writing to express our interest in working with PHFA to implement the IRS Revenue Ruling 2004-82 ("the Ruling"), which clarifies the requirement for good cause in evictions from Low Income Housing Tax Credit ("LIHTC") developments. The purpose of the LIHTC is to create housing affordable to lower income persons. Congress and the IRS have both indicated in various ways that the residents of LIHTC housing should not lose such hqusing without good cause. We want to make certain that whatever process PHFA chooses to implement the Ruling ensures that tenants are adequately notified of the good cause eviction protection so they can enforce their rights under the law. 1. Good Cause Eviction is Current Law The Ruling states that LIHTC owners will not be entitled to tax credits for the year 2004 if their restrictive covenants do not include good cause eviction language by December 31, 2005. However, the Ruling reflects the IRS's interpretation of current law. Owners and tenants need to be notified immediately that the good cause provision is current law and is enforceable. We request that PHFA notify all owners of the Ruling, the enforceability of the provision, and require owners to amend tenant leases as soon as possible. 2. Enforcement The Ruling requires PHFA to review all restrictive covenants and notify owners where amendments are required to bring the document into compliance with the Ruling. However, in order to give meaning and effect to the Ruling, we are requesting PHFA to take two additional steps. First, all tenant leases not already containing good cause eviction provisions need to be modified. PHFA should require all owners to insert into their leases the language suggested below , as soon as possible. Second, compliance monitoring by PHFA must include a review of tenant leases to ensure that the provision is, in fact, . included. We consider the lease modifications to be essential to enforcement of tenant rights. DEFENDANT'S EXHIBIT �IT 3. Lease Language. We propose the following lease language, which is already used in LIHTC developments with HOME funding: This lease is for a Low -Income Housing Tax Credit unit. The owner may not terminate the tenancy or refuse to renew the lease of a tenant of a Low- Income Housing unit except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, Stae, or local law, or for other good cause. To terminate or refuse to renew tenancy, the owner must serve written notice upon the tenant specifying the grounds for the action pursuant to the notice provisions of this lease and to state and federal law: For lease modifications, a proposed Lease Addendum is attached. We look forward to working with you to implement Rev. Ruling 2004-82 in a manner which benefits the residents of the LIHTC units. Please contact me if you wish to discuss this matter. Copy: Rebecca Peace Mark Schwartz Required Lease Addendum The following supercedes any language in the Lease dated [insert date of most recent Lease] between Owner and Tenant purporting to permit terminations of tenancy without cause: `The owner may not terminate -the tenancy or refuse to renew the lease of a tenant of a Low -Income Housing unit except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause. To terminate or refuse to renew tenancy, the owner must serve written notice upon the tenant specifying the grounds for the action pursuant to the notice provision of this lease and to state and federal law." Owner: Date: Tenant: Date: "Quiet Enjoyment" — What does it really mean in a landlord & tenant relationship? April 18, 2013 It is almost a certainty that any lease, be it of commercial or residential premises, will include a covenant on the part of the landlord for "quiet enjoyment" and whilst many tenants may consider that this will mean that they can legitimately complain to their landlord about noisy neighboµrs this is not in fact the purpose of this provision. Quiet Enjoyment — What does it mean? Under Common Law all landlords are under an implied obligation to allow their tenants "quiet enjoyment" of the premises let to them meaning that a landlord must ensure that no one, be it the landlord himself or an employee or his agent shall interfere with his tenant's right to possession of and to the lawful use and enjoyment of the premises. "Enjoyment" in this context means to have the use and benefit of a right rather than to derive pleasure from it. If this right is substantially interfered with a tenant may claim damages or possibly an injunction to stop the interference. Notwithstanding the implied obligation it is usual for a lease to contain an express provision for quiet enjoyment because in this way it is possible, depending on the parties' respective bargaining power, for a landlord to limit or for a tenant to extend the scope of the implied obligation. A landlord may try to make the quiet enjoyment provision conditional upon the tenant itself meeting specified standards, for example paying the rents due or complying with the tenant's covenants in the lease although the imposition of conditions must be done in a very clear way in order to be effective. By way of contrast, a tenant may seek to extend the scope of the implied covenant to by include the acts of a superior landlord or a third party. A landlord should take care not to extend the covenant to include anyone over whom it has no control although it is an accepted principle that a landlord cannot be responsible for the unlawful act of another party. Substantial Interference It has long been understood that the word "quiet" in quiet enjoyment does not mean the absence of noise although a number of cases on the subject have been noise related. "Quiet" in this context means without interference. Interference with the right of quiet enjoyment must be substantial and what amounts to substantial will always be dependent upon the facts of the case. In the case of London Borough of Southwark -v- Mills the House of Lords rejected a breach of quiet enjoyment claim brought by a tenant against its landlord based on excessive noise caused by other tenants in the building. It was held that the tenant took on the lease when the flats were already noisy and had inadequate soundproofmg and would not therefore be successful in its claim. A temporary interference is also unlikely to give rise to a successful claim. Essentially, in order to be successful in claiming a breach of the quiet enjoyment covenant a tenant must prove that: 1. there has been a new activity after the grant of the lease; and 2. that there has been serious and persistent disturbance to the tenant's occupation of the premises. Quiet enjoyment clauses- and other leasehold covenants It is often very difficult to reconcile • uiet • ther covenants in a lease. The Court of Appeal has expressly stated that a covenant for quiet enjoyment -was not a guarantee against all disturbance and that regard must be had to all the terms of the contract (lease). In one instance a landlord erected scaffolding and carried out works to the exterior of a tenant's restaurant premises causing the restaurant to appear closed and considerable dust and inconvenience within. The tenant made a claim for damages for breach of the quiet enjoyment covenant. The Court of Appeal decided in favour of the landlord and held that where the provisions of a contract (the lease in this instance) come into conflict they are to be interpreted, insofar as is possible, so as to giveeffect to both of them including, in this case, the landlord's obligation, which was for the benefit of both parties, to keep the building in repair. In addition to the above, a landlord will not be in breach of the quiet enjoyment covenant if it enters onto a tenant's premises pursuant to a right set out in thelease, examples_ include access in order to carry out an inspection or to carry out repairs. However, intrusive surveys, the obstruction of a tenant's access to the premises, the causing of damage to premises by an act or an omission taking place on adjacent property and the exercise of rights in a way that exceeds what was intended will place a landlord at risk of a claim. SMOKE-FREE HOUSING BC The Official Definition of Quiet Enjoyment for Tenants What is your right to quiet enjoyment? In BC and across the country, there are laws that protect you in your workplace and in public places, but there are no laws -that regulate smoking in private residences of multi -unit dwellings. Further, there are no laws that guarantee tenants the right to breathe clean, smoke-free air in multi -unit dwellings. If smoking is permitted in your building, tenants have the right to smoke in their own homes. However, there are limits to those rights. According to Section 28 of the Residential Tenancy Act (RTA), tenants are entitled to quiet enjoyment.. Quiet enjoyment, defined in simple terms, is not the absence of noise, but rather the presence of peace. The right or covenant of quiet enjoyment has been part of the common law for centuries and is an implied part of every tenancy. In BC, this right is enshrined in s.28 of the RTA, which reads as follows: S. 28. A tenant is entitled to quiet enjoyment including, but not limited to, rights to the following: a. reasonable privacy; b. freedom from unreasonable disturbance; c. exclusive possession of the rental unit subject only to the landlord's right to enter the rental unit in accordance with seotion 29 [landlord's right to enter rental unit restricted]; d. use of common areas for reasonable and lawful purposes, free from significant interferences. The right to quiet enjoyment thus protects tenants from unreasonable disturbances and any serious interference with their tenancy. A landlord must provide quiet enjoyment to all tenants. All tenants must ensure that their actions or the actions of their guests do not unreasonably disturb other tenants. (See Legal Opinion) Is second-hand smoke a breach (or loss) of quiet enjoyment? Yes, in certain circumstances, second-hand smoke infiltrating a home from a neighbouring unit can be considered a loss of quiet enjoyment, even in buildings where smoking is allowed. (See. Legal Opinion ). While there is no right to smoke guaranteed in law, Dispute Resolution Officers (DRO) in BC, as well as other provinces, have generally found that in the absence of a no - smoking clause in the tenancy agreement, tenants have the right to smoke in their suites. However, it should be clarified that these rights are not absolute and are limited by the right to quiet enjoyment of neighbouring tenants. If a tenant can successfully argue that second-hand smoke is infiltrating his/her home from a neighbouring unit or balcony on a frequent and on-going basis, and unreasonably interfering with the use and enjoyment of the unit, then landlords have a responsibility to take steps -to correct the problem. It is important to stress that the bar is high to prove that second-hand smoke infiltrating a suite has caused an "unreasonable" disturbance. The mere presence of second-hand smoke is not enough; it must be frequent, ongoing and substantially interfering with a tenant's use and enjoyment of the unit. Temporary discomfort or inconvenience does not constitute a breach of quiet enjoyment. DEFENDANT'S EXHIBIT 1 SMOKE-FREE HOUSING BC What is the landlord's responsibility? A landlord who is notified of a loss of quiet enjoyment due to second-hand smoke has a responsibility to investigate and take reasonable steps to resolve the problem. If a landlord fails to take reasonable steps to address an ongoing problem caused by second-hand smoke travelling between units, a tenant may apply to the Residential Tenancy Branch (RTB) for an "order requiring the landlord to provide quiet enjoyment and/or compensate the tenant for his/her loss of quiet enjoyment . (See Last Resort Remedies) Challenges of proving a Toss of quiet enjoyment due to second-hand smoke There is an emerging body of Canadian case law conceming second-hand smoke in multi -unit dwellings. In BC, the Residential Tenancy Branch (RTB) is the govemment office that provides landlords and tenants with dispute resolution services. Dispute Resolution Officers (DRO) help parties resolve their disputes during a formal hearing, and make a binding decision on the parties. Based on the evidence -presented by the landlord and tenant, the DRO makes a decision about the problem, based on an interpretation of the law. It should be clarified however, that while Judges in our Court system are bound by past decisions or "precedents' to guide them in their decisions, dispute resolution hearings are quasi judicial in nature, and DROs are not bound to follow past decisions. As a result, there is no assurance that the result in one case will be applied to another case. Before you decide to apply to the RTB for compensation for loss of enjoyment due to second-hand smoke infiltrating your home, here are some issues and challenges that should be considered: 1. Second-hand smoke is not included in RTB Policy Guidelines The Residential Tenancy Branch (RTB) has issued Policy Guidelines to explain the intent of the Residential. Tenancy -Act in everyday language. The Guidelines are also intended to help landlords and tenants understand the issues that are important and the evidence necessary.to support their case at a dispute resolution hearing. The BC RTB has developed Policy Guidelines on the Right to Quiet Enjoyment. These Guidelines do not include second-hand smoke as an example of the type of interference thatcould result in the loss of quiet enjoyment. The guidelines do, however, includeotherexamples of what could be considered a Toss of quiet enjoyment — such as "unreasonable and on- going noise." It is arguable that because loud noise is specifically mentioned in the Policy Guidelines on quiet enjoyment, landlords in BC are quick to take action when they receive complaints about loud music or loud parties. Any first time renter soon leams that if they play loud music, and it disturbs other tenants, the landlord will promptly advise them in person or by letter that they are violating S. 28ofthe ResidentialTenancyAct (breach of quiet enjoyment). Landlords mean business when it comes to complaints of loud music. The,same cannot be said for complaints of second-hand smoke disturbances. Further, it is arguable that because the Policy Guidelines do not list second- hand smoke as an example of what could be considered a loss of quiet 2 SMOKE-FREE HOUSING BC enjoyment — as is the case for loud music — landlords are reluctant to deal with complaints of second-hand smoke. 2. Lack of clarity on what is considered an unreasonab]e disturbance Based on past decisions at the RTB, it appears that the bar is very high to prove that second-hand smoke is grounds to prove a Toss of quiet enjoyment. It might seem logical to conclude that simply being exposed to a known cancer-causing substance would constitute an "unreasonable° disturbance. However, it is not sufficient for tenants to show that unwanted second-hand smoke is present in their homes. In order to increase the chance of success, tenants must provide extensive evidence that the smoke is unreasonably interfering with the use and enjoyment of the home on .a frequent and on-going basis. The test often comes down to whether a tenant can prove that the amount of smoke entering a unit from a neighbouring unit is too much smoke - or "unreasonable" according to the average person. However, it is unclear as to what evidence is required in order to meet this test. 3. Inconsistent decisions at the Residential Tenancy Branch While there are some similar criteria used by DROs within BC to determine if there has been a loss of quiet enjoyment due to second-hand smoke disturbances, based on a review of past decisions, there are no generally accepted guidelines to determine what amount of smoke constitutes an "unreasonable disturbance". This means that many decisions are subjective, resulting in some wide discrepancies among decisions within BC and across the country. 4. DRO decisions do not reflect the science or public attitudes about second-hand smoke Until recently, people living in apartments didn't feel they had the right to complain about unwanted smoke entering their homes from neighbouring units. Many believed they had to tolerate the smoke because they were living in a communal situation and compromise was expected. In fact, our 2008 survey of renters in BC found that over three-quarters of tenants who experience unwanted_second-hand smoke entering their homes still don't complain to landlords. However, as the public awareness of the dangers of exposure to second-hand smoke has increased, tenants are less tolerant of being exposed to a known cancer-causing substance in their homes. Unfortunately, it seems that dispute resolution decisions coming out of the Residential Tenancy Branch do not reflect the current public perception of what amount of smoke exposure is acceptable in our society. Nor are their decisions -based on the scientific evidence of the health impacts of exposure to second-hand smoke. In a recent BC Residential Tenancy Branch decision, the DRO stated: "There is no question in my mind that the applicant and her husband have serious health problems. 1 am also satisfied that [the smoking tenant] is "stressing" the applicant with her smoking, but I am not persuaded, based upon the evidence presented that the amount of smoke entering the applicant's suite has resulted in an "unreasonable" disturbance. Given the number of smoking tenants who peacefully co -exist next to non-smoking tenants, 1 am satisfied that societal standards tolerate a certain level of cigarette smoke, but there are limits, and those limits are, to a large extent, dictated by the 3 SMOKE-FREE HOUSING BC terms of the tenancy agreement." (See Case Law Examples — BC RTB Dispute Resolution Decisions - Burnaby File #194712) The amount of smoke that this DRO thinks society must tolerate is not clear. What is dear is that any amount of smoke is too much — or unreasonable" - if individuals and families are forced to inhale it, against their will, on a regular and on-going basis. Until the RTB accepts the science and makes decisions based on the fact that any amount of smoke is hazardous to human health, it will be almost impossible for tenants to successfully prove that an "unreasonable" disturbance has occurred. As more tenants apply for compensation, it is hoped that DRO decisions may begin to reflect the change in societal standards in regards to exposure to second hang smoke. It is very likely it will take direction from govemment to make this happen. 5. Non -Smokers' Rights Association Review of dispute resolution decisions across Canada The, Non -Smokers Rights Associationconducted an in-depth review of dispute resolution decisions -across Canada, including BC. The purpose of the review was to: 1. Identify key issues for tenants who are applying for hearings at Residential Tenancy Branches across Canada, and 2. Influence policy at these Branches by offering guidelines for Dispute Resolution Officers (DRO). The report documents a number of issues and challenges for tenants who want to apply to the Residential Tenancy- Branch to seek compensation for their loss of quiet enjoyment. This review highlights the types of orders that have been sought and the outcomes, as well as the key issues on_which arbitrators across Canada have based their decisions. For more info visit www.smokefreehousingbc.ca 4 RULES AND REGULATIONS (for Humphrey Properties with No Federal Subsidy Programs) This Addendum to the Rental Agreement by and between the Cottages of Shippensburg, Owner, and Ken & Diane Kreiger Resident(s), dated November 30, 2012. The Rental Agreement provides that the Rules and Regulations of the Cottages of Shippensburg will be attached to the Rental Agreement, and incorporated by reference therein as an Addendum. Owner reserves the right to amend or supplement th'e Rules and Regulations contained herein upon reasonable notice to Resident(s). Any non-compliance with, or violation of, the Rules and Regulations of the Cottages of Shippensburg will constitute a non-compliance with, or a violation of the Rental Agreement, and may be grounds for Owner terminating the Rental Agreement and your right to be residents at the apartment complex, The Rules and Regulations are adopted for the benefit of all residents of the apartment community 1. Office Hours. The manager will be available from 9:00 a.m. to 5:00 p.m., Monday through Friday, each week throughout the year, except on legal holidays. The Resident Manager will handle the initial matters involving your becoming a resident at our apartment complex, and the processing of your rental payments, maintenance needs and the like. After hours, we maintain an answering service for your convenience which you can reach by calling our office telephone numbers. We maintain an "on-call staff" to handle emergencies which involve danger to life or property. In case of emergencies, contact the answering service. 2. Maintenance. Please make your requests by telephone between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. No charges will be made for repairs or adjustments unless necessitated by Resident(s)' negligence or mistreatment. 3. Resident(s) Maintenance. Resident(s) have responsibilities to maintain their apartments and to keep the premises in a habitable condition, This includes at a minimum, waxing and polishing the tiled floor, cleaning the top of the kitchen cabinets and behind major appliances, and cleaning the exhaust intakes in the bathroom(s) and kitchen. Other items which require Resident(s) maintenance are: a. Range. Remove burners and drip pans and wash at least monthly. The oven should be cleaned regularly. b. Refrigerator. Wash interior regularly -- all models. Do not slam doors. The refrigerator should be defrosted, if applicable, regularly according to instructions. Do not use sharp tools to loosen frozen food packages or ice. Arrange food to permit air circulation. Use vacuum cleaner to clean condenser grill on back or bottom. Cover foods such as onions, cabbage, etc. Make sure frozen foods are properly wrapped. Cover liquids and moist foods, if your model requires this. If refrigerator will not be used for a month or more, empty, defrost, unplug, and leave door ajar. c. Disposals. It is recommended that the cover be kept in the drain position when not in use to prevent foreign material from accidentally dropping into the waste disposal unit. In using your disposal be sure that you have the cold water turned on. It is important to maintain a sufficient flow of water to flush shredded waste, such as potato peelings through the drains, even after you have turned off your disposal. Consult instruction book for list of disposal items. In general, coffee grounds, grease, egg shell, corn husk, and paper should never be put in disposer. BONES, BOTTLE CAPS, GLASS, PINS, FOIL, CROCKERY, RAGS, STRING OR PAPER SHOULD BE DEPOSITED IN THE TRASH. Study Instructions on how to unjam disposer. Know location and operation of reset button. d. Grease. Cooking grease should be stored in an empty container in your refrigerator. When this container is full, it should be thrown away. Grease should never be discarded in the sink, 4. Appliances, Your apartment has been furnished with the necessary large appliances; additional large appliances (i.e., freezers, washers, dryers, etc.) ARE PROHIBITED. 5. Smoke Detectors. Your apartment has been furnished with electric smoke alarms with battery backup. Resident must make sure the smoke detector is not removed from where it is installed and it remains operable at all times. Resident assumes complete responsibility for preventing its loss, damage andlor destruction. Resident must test the smoke detector periodically and agrees to notify the Rental Office immediately if detector is missing or defective in any way. If your apartment has been furnished with a range safety feature known as a "Range Queen", this device must also remain in its location and fully operable. 6. Pro'er Care of Apartments by Resident(s). Any damage resulting from the heating, water, lighting or plumbing equipment or to the p as enng, pain or woo.wor or o any o e 7. Moving. Moving in and out of the apartment building must be accomplished between the hours of 9:00 am. and 8:00 p.m. Parking on grassy areas is prohibited. DEFENDANT'S EXHIBIT 7 A 8. No Alterations to Apartment. No alternations or improvements to the apartment premises will be made by Resident(s). This includes, but not limited to, painting, wallpapering, changing locks, and nailing or screwing into the walls or woodwork. If Resident(s) have questions about whether a particular thing would be considered an alteration or improvement under this section, inquire at the Rental Office. 9. Quiet Hours. Resident(s) will not make any disturbing noises on the apartment premises which will unreasonably interfere with the rights, comforts, or conveniences of other residents in the complex. The hours between ten o'clock (10:00) p.m. and eight o'clock (8:00) a.m., are considered quiet hours on the complex and will be observed by all residents. 10. Recreational Facilities. Owner has provided various recreational areas and facilities for the use and enjoyment of residents and their guests. All persons who use such areas and facilities do so at their own risk and assume all liability and responsibility for any accidents or personal injuries which may occur in connection with the use of these areas and facilities. Any temporary interruption, modification or discontinuance of any particular recreational service is not a cause for damages, for termination of this Agreement, or for a rebate or reduction in rent. 11. Guests or Invitees. Resident(s) are responsible for the acts and conduct of their guests or visitors to the apartment complex, and if such guests or visitors commit acts which constitute violations of this Rental Agreement, state or local law or the applicable federal regulations, Owner may proceed against Resident(s) for termination of this Agreement based upon the violations of such guests or visitors. 12. Dangerous Matters Prohibited. Resident(s) shall not use or keep in the apartment explosives, cotton samples, burning fluid, camphene, kerosene, fuel of any kind or other easily inflammable material and shall not otherwise permit anything to be done on the apartment premises which will in any way increase the rate of fire insurance in the apartment complex, or in any way conflict with any ordinance, rule or regulation of any governmental authority having jurisdiction over the apartments. 13. Light Bulbs. Owner will furnish electric light bulbs in the fixtures at the time Resident(s) take possession of the apartment premises, but not thereafter. At time of move -out, light bulbs must be in working order, or Resident(s) will be charged the appropriate replacement costs. 14. Garbage Removal. Resident(s) must take the trash and garbage from the apartment premises to the place(s) designated by Owner. Resident(s) will not be allowed to maintain garbage cans outside the apartment premises, but must use the receptacles provided by Owner. Owner will remove the garbage regularly from the common receptacles. Trash must be in bags; cardboard and or newspapers mut be bound; recyclable must be in the proper receptacles. The lids on the common receptacles must be able to close completely. It is the resident(s) responsibility to place trash in a receptacle that is not already full. 15. Security Doors. Resident(s) will keep the common entrance doors to apartment buildings closed at all times for reasons of security and energy conservation. Resident(s) are encouraged to keep their apartment doors locked, to get to know their neighbors, and to report door-to- door solicitors or suspicious strangers immediately by calling the Rental Office. 16. Proper Attire. Resident(s) and guests will be properly attired when appearing in the common areas, or other public places on the complex. Owner reserves the right to request that proper attire be worn and to determine what proper attire is in a given situation. 17. Common Areas. The walks, entrances, passages, courts, stairways, corridors, and halls must not be obstructed, or encumbered or used for any purpose other than entering or leaving the apartment premises. Resident(s) may no linger In the common areas of passageways. Only approved doormats must be placed in the public corridors. Deliveries of newspapers and other articles must be taken into the apartment. premises promptly. 18. Installation of Aerials/Cable TV Dishes. No radio, or television, aerial or satellite dish installation will be made without the prior written consent of Owner, other than to any aerial, or other service, provided for residents by Owner. Any such aerial erected on the roof or exterior walls of the building without the consent of the Owner, is subject to removal without notice. 19. Signs. No sign, advertisement, notice or other lettering will be placed by Resident(s) on any part of the inside or outside of the apartment premises, or anywhere in the complex. 20. Parking Only In Areas Designated by Owner. Resident(s) must park any automobile or other vehicle, within the lines marking a single space, and then only in the spaces designated for Resident(s) to park by Owner. The parking of boats, trailer, commercial vehicles, and vehicles with six (6) or more wheels is prohibited anywhere on the premises. Every vehicle parked anywhere at the apartment complex must havuu (rent license dates. be properly inspected and otherwise be an operating motor vehicle otherwise in compliance with this paragraph. Owner reserves the right to have any vehicle towed away at the Resident(s)' expense, or at the expense or me venue owner, rbra non- compliance with this paragraph. 21. Laundry Rooms. If laundry rooms are provided in the apartment complex, they are equipped with coin-operated washers and dryers. Please remove clothing from the machines promptly. Do not use tints or dyes in the machines. Resident(s) are requested to observe machine operating instructions posted in the laundry room. Please report any malfunction of laundry equipment promptly to the Rental Office. 22. Extermination. Exterminating services are available on request or at the discretion of Owner. For service, please telephone the Rental Office. 23. Keys and Locks. All necessary apartment keys will be issued to the Resident(s) at the time of occupancy. Alteration or replacement of locks or installations of bolts, knockers, mirrors, or other attachments on the interior or exterior of any doors are prohibited. 24. Lock Outs. Lock outs will be charged a fee of $25.00. Proper identification is required to be admitted to an apartment. 25. Receiving Deliveries. It is the policy of this apartment complex not to accept deliveries for Resident(s) from third parties (furniture, flowers, mail, etc.), but if any such deliveries are received by Owner, even without our knowledge of such a delivery, the delivery will be at the Resident(s)'s expense, and at the Resident(s)' risk. Owner will not incur any liability in connection with a delivery so received by Owner. 26. No Motorcycles or Bicycles Inside Apartment. Resident(s) shall keep motorcycles and bicycles only in the areas so designated by Owner, but under no circumstances will either be kept inside the apartment premises, at any time. 27. Solicitations. Door-to-door soliciting is not permitted. Residents are requested to notify the Rental Office when solicitors appear anywhere on the apartment complex. 28. Lawn Areas. The use of personally owned lawn furniture and equipment should be confined to your apartment in order to maintain the proper appearance of the lawn area. The lawn areas are for the enjoyment of all residents and may not be used for sun bathing. 29. Draperies. There are to be no towels or sheets draped over windows. Only draperies or curtains hung on actual curtain and/or traverse rods (traverse rods only are provided upon request). 30. Objectionable Conduct. Residents) will not engage in, or participate in, such conduct which is objectionable or prejudicial to the rights, privileges, safety and general welfare of the other residents living in the apartment complex. 31. Resident Grievance and Appeals Procedure. All grievances and appeals with respect to an Owner's decision relating to any matter arising from the Landlord and Tenant relationship, pursuant to the Rental Agreement, or otherwise, shall be in accordance with Management's grievance proccedure. Tenant has 10 days within which to discuss an action taken by management. The 10 day period will begin on the day after the date the notice was mailed or hand delivered to the unit. If the Tenant requests a meeting, the Landlord agrees to discuss the issue and advise the Tenant of his/her right to defend the action in court. 32. Pets. No pets are allowed to be kept or maintained, or to visit, Resident(s) at the apartment complex, or in the apartment premises, without the express prior written permission of Owner. Cottages of Shiopensburq OWNER BY: AUTHO S NTAT Rev. 05/2009 RESIDENT (SPOUSE OR OTHER) HUMPHREY MANAGEMENT Creating Thriving Communities November 4, 2013 Diane Kreiger 120 Cottage Road Shippensburg, PA Cottages of Shippensburg 300 Dwelling Court, Shippensburg, PA 17257 T 717-530-1573 F 717-530-1583 17257 Dear Diane Kreiger: Notice of Possible Lease Violation It has recently come to our attention that you allegedly caused a disturbance on the property. The behavior that was reported was as follows: 1. Vulgar language was yelled across the property 2. You forced your way into the home of 125 Marie Carey 3. Physically assaulted Marie Carey by grabbing her arm This behavior is :grounds for a lease violation. You have 10 days to respond and appeal this letter,_ t� determine if a lease violation will be given. If you do not respond within 10 days a lease violation will be sent to your home and placed in your file. Please note due to the nature of this violation it may result in a vacate notice. If you have any questions please contact us at 717.530.1573. Sincerely,; sha Vincent` irl. Housing mde ortimity DEFENDANT'S EXHIBIT I t). www.humphreymanagement.com bill-of-rights-graphic-organizerjpg (JPEG Image, 482 x 600 pixels) http://cdn.teachhub.com/sites/default/files/sites/default/files/imce/im... Name: Date: TeachilUB Make the Connections Graphic Organizer THE B1LL OF RIGHTS The ten amendments to the United States Constitution known as the Sill of Rights establish important rights and protections for the people of America. Use the graphic organizer below to help you remember the rights each amendment protects. Each amendment and the rights it protects are listed in the chart. For each one, think of a hint that will help you make the connections between them, AMENDMENT �� HINT' RiGOTS PROTECTED First j Freedom of religion, speech, the press, and assembly. The right to petition. S or>d The right to bear arms. Third Protection from being forced to quarter troops. Fourth Protection against unreasonable search and seizure, fifth The right to .due process. Protection from self-incrimination and double- jeopardy. Eminent domain, Sixth The rights to a speedy trial and trial by fury, The rights to confront one's accusers and to defense counsel, SeventhThe right to jury trial for civil disputes, Eighth Protection from cruel and unusual punishment and excessive bail.. Ni»th Protection of rights not specifically mentioned in the Constitution. Tenth Powers not given to the federal government by the Constitution will rest with the States and the :people. DEFENDANT'S EXHIBIT O 1 of 1 1 6/4/2014 10:54 PM XFINITY Connect http://web.mail.comcast.nedzimbra/h/printmessage?id=84835&tz—A... XFINrfYConnect kennethMeigerroomeast.net + Font Size - Re: GUN CONTROL From : Kenneth <kennethkreiger@Comcast.net> Subject : Re: GUN CONTROL To : Ed Emde <EEmdetthrehlIc.com> Ed, Tue, Feb 18, 2014 10:30 PM Thanks for getting on top of this issue, my mistalae here, what I meant was banning guns in common areas, such as community mom, I myself, have guns in my lune and locked either in a gun carrier and with trigger locks. I don't plan to give them up and I do have a license to carry a concealed firearm. When I had my speedway, on race nights when we left there I usually had two Ixiefcases fill of cash Knowing the residents in the CSA it could have just been a scare tactic by the officer of the association just to bully members eco the way they want you. If this officer of the association knows something I hope he reported it to the police If it was an urdawful act, I world hope they are questioned fully. Thanlcs Ken From: "Ed Emde" <EErnde@hrehllc.com> To: "Kenneth" <kennethkreiger@comcast.net> Sent: Tuesday, February 18, 2014 8:24:16 PM Subject: RE: GUN CONTROL Kenneth, Right now the gun issue is just hearsay and we are investigating, as the banning guns at the Cottages everyone is protected under the second amendment to the US Constitution. Thanks, From: Kenneth [kennethkreiger@comcast.net) Sent: Thursday, February 13, 2014 7:12 PM To: Cottages of Shippensburg Cc: Emde, Ed; Cathy Wallick; Rase, Nancy S. © HFA; Kathy Ebner; Goodrich, Virginia; Ferry, Cindy; aholland@lawofficeforestmyers.com Subject: GUN CONTROL The CSA vice-president made a statement at the last CSA meeting about a resident carrying a gun in their pocketbook to CSA meetings.. This issue is rather alarming, was this reported to the police? I believe some questions need to be asked of some residents by the police. It was said, it is on the tape that Cindy recorded at the CSA meeting on Tuesday, February 11, 2014. Incidents like this makes you wonder why you allow firearms in the units. You put in a smoking ban for our health and safety, you could do the same for firearms to protect our life and limb. Ken DEFENDANT'S EXHIBIT 9-g 1 of 1 3/11/2014 8:22 PM XFINITY Connect http://web.mail.comcast.net/zimbra/h/printmessage?id=84112&tz=A... XRNITY Connect kennethkreiger@comcast.net + Font Size - GUN CONTROL From : Kenneth <kennethkreiger@comcast.net> Subject: GUN CONTROL To : Natasha Vincent <oottages@hrehllc.com> Cc : Ed Emde <eemde@hrehlIc.com>, Cathy Wallidc <cathy@homesforamerica.org>, Nancy Rase <nancy@homesforamerka.org>, Kathy Ebner <kathy@homesforamerica.org>, Virginia Goodrich <vgoodridi@hrehilc.com>, Cindy Ferry <cfeny233@yahoo.com>, aholland@lawofficeforestmyers.com Bcc : Clairene Jones <dairenewattz@comcast.net> Thu, Feb 13, 2014 07:12 PM The CSA vice-president made a statement at the fast CSA meeting about a resident carrying a gun in their pocketbook to CSA meetings.. This issue is rather alarming, was this reported to the police? I believe some question; need to be asked of some residents b/ the police. It was said, it is on the tape that Cindy recorded at the CSA meeting on Tuesday, February 11, 2014. Incidents like this makes you wonder why you allow firearms in the units. You put in a smoking ban for our health and safety, you could do the same for firearns to protect our life and limb. Ken 1 of 1 3/10/2014 12:40 PM XFINITY Connect XFINITY Connect http://web.mail.comcast.net/zimbra/h/printmessage?id=72648&tzA... kennethkreiger@comcast.net Font Size From : Kenneth <kennethkreiger@oomcast.net> Subject : <No Subject> To : Larry Carey & Mane <Iany60@comcast.net> Diane Kreiger 120 Cottage Rd. Shippensburg, PA 17257 November 5, 2013 Marie Carey 125 Cottage Rd. Shippensburg, PA 17257 Dear Marie, Tue, Nov 05, 2013 02:09 PM I would like to express to you through this letter my deepest apologies for the event that too place last week when I called you a denigrating term for a female dog. Unfortunately, I had got upset over a flyer that was placed on our porch on Sunday, October 27, that was not at that time on anyone's else's porch, I took this as a way to harress my husband and I. I hope you would accept my apologies. Rest assured that the incident will not happen again. The stress of the past few weeks may have caused my mental condition to go "off balance', my prescribed medicine, I, take 100' mg of Zoloft daily may not have been adequate for my mental state. I suffer from a mental disorder that in the past I have received over twenty shock treatments and close to six months of hospitalization to stab lize my condition. My sincere apologies, again. Respectfully, Diane Kreiger 1 oft DEFENDANT'S 1 EXHIBIT S /3-A 11/18/2013 6:31 PM XFINITY Connect XFINNYConnect http://web.mail.comcast.net/zimbra/h/print nessage?id=76262&1— A... kennethkreigeritcomcastnet + Font Size - RE: - e - RE: Marie Carey From : Cottages of Shippensburg <COlTAGES@hrehl c.com> Subject: RE: Marie Carey To : Kenneth <kennethkreiger@comcast.net Ken, Marie has already contacted the office and explained to me what happen admitting she did in fact call you a name. She daims you were taldng phot os.of her as she was taldng In her groceries and her dog ran out of the house. I understand the purpose of wiry you may have felt the need to do so- Youmade her very uncomfortable by taking these photos so she felt the need to call you a name. I will address ttds with both parties accardngly. Wed, Dec 11, 201312:34 PM Thank you Ken Natasha Vincent, C3P, ARM Comma Ity Manager Cottages of Shippensburg,: Atixiving community marwged by Humphrey Management 300 Dwelling Ct, Shippensburg, PA 17257 Direr (717) 530-1573 Fax: (717) 530.583 Visit Hun ieey Management Orshie4http://www.humphreymanagement.com> Hu plvey Management manages aer 50 conventional and affordable cot aura ities for families, individuals and seniors. Over 10,000 inedible members of the Humphrey Family call one dote oommwnities home. Rom: Kenneth (ennethkreigerneconicast net] Sent Wednesday, December 11, 201312:17 PM To: Cottages ofS hippersbwg Subject Marie Carey Natasha, )ust want to doarnent the event that just took place. I was standing on my front porch with mycamera trying to tale some pictures, when I was called a "asshde" by Marie Carey. This was witnessed bylany Carey and Shirkey Rotz who were outside within earshot Kenneth Kreiger 120 Outrage Rd Shippensburg, PA 17257 (717) 477-2419 DEFENDANT'S EXHIBIT 1of1 4/27/2014 2:10 PM Kenneth- & Diane Kreiger 120 Cottage Road Shippensburg, PA 17257 March 17, 2014 Senior Cottages of Shippensburg, LTD 300 Dwelling Court Shippensburg, PA 17257 TO WHOM IT MAY CONCERN: It is our wish to continue living at the Senior Cottages of Shippensburg. We enjoy the lifestyle that we have here, we live in a beautiful community that is well cared for and the property is well maintained. The location is well suited to local shopping, churches, clubs and other social activities. Most of our neighbors are wonderful people, many of whom we have developed a hopefully long-lasting friendship. Many of whom we have helped out in their hour of need and they have done the same, or would do the same for us. Please consider our request to remain residents of the Senior Cottages of Shippensburg. Sincerely, Kenneth & Diane Krei DEFENDANT'S t EXHIBIT (3)Providingthata.sale_on distress shalLhe,stayed where_the_personal property_distrained upon is levied upon by a sheriff or where a receiver or a trustee or receiver in -bankruptcy is appointed- for the person\whose property was distrained, and providing for a lien for the rent or the proceeds of the sale of such personal property by such officer and the payment•of such rent, together with the costs of executing the landlord's warrant, from the proceeds of such sale; (4) Providing for preference of rent in cases of insolvency and assignment for the benefit of creditors and in bankruptcy proceedings;. (5) Providing for preference of rent in the settlement of estates of decedents; (6) Fixing the liability of the tenant to pay taxes assessed against real property occupied by him and permitting the tenant to recover the amount of the tax so paid from the landlord or to defalcate such amount against rent due or becoming due; (7)_Providingfor the issuing of writs of estrepement_to stay waste conunitted by a tenant or by others allowed by a tenant to commit waste and for the procedure in such eases; (8) Fixing the duties and liabilities of tenants and the rights of landlords in connection with actions of ejectment brought by third parties; (9) Prescribing special proceedings for the obtaining of possession of real property purchased at tax or judicial sales and providing for and defining the rights, remedies, duties and liabilities of such purchasers and tenants affected thereby; (10) Except as herein specially provided, fixing fees of justices of the peace, aldermen, magistrates, sheriffs or constables in any proceedings affecting the relationship of landlord and tenant. § 250.104. Rights of persons acquiring title by descent or purchase Any person who_acquires.title to real property by descent or purchase shall be liable to the same duties and shall have the same rights, powers and remedies in relation-to-theproperty as -the person from whom title was acquired. § 250.105. Sublessees Any person who is a sublessee shall be subject to the provisions of the lease between the lessor and the lessee. Article II. 1 CreationofLeases; Statute of -Frauds; Mortgaging of Leaseholds. § 250.201. Leases for' not more than three years Real property, including any personal property thereon, may be leased for a term of not more than three years by a landlord or his agent to. a tenant or his agent, by oral or written contract or agreement. §_250.202. Leases for more than three years Real property, including any personal property thereon, may be leased for a term of more than three years by a landlord to a tenant or by their respective agents lawfully authorized in writing. Any such lease must be in writing aid signed by the parties making or creating the same, otherwise it shall have the force and effect of a lease at will only and shall not be given any greater force or effect either in law or equity, notwithstanding any consideration therefor, unless the tenancy has continued for more than one year and the landlord and tenant have recognized its rightful existence by claiming and admitting liabilityfor the rent, in which case the tenancy shall become one from year to year. DEFENDANT'S EXHIBIT Upon.requestat any reasonable timethe owner,_lender, lessor or -conditional vendor of any personal property enumerated in this section shall advise the landlord or his agent as to the status of his account with the tenant. In default of such advice, it shall be conclusively presumed no balance is due on said account. Any landlord may levy upon and sell on distress for rent any right or interest of the tenant in any personal property mentioned in this section, subject to the rights therein of the owner, lender, lessor or conditional vendor. § 250.404. Exemption of other property located on premises The following personal property located on premises occupied by a tenant shall be exempt from levyand sale on distress for rent, i.e., personal property-- (1) Necessarily put in possession of the tenant in the course of his business by those with whom the tenant deals or by those who employ the tenant; (2) Actually held by the tenant for someone else in the course of trade, as agent or as consignee; (3) Sold for a valuable consideration by the tenant before distress to any bona fide purchaser not privy to any fraud; (4) Of any guest at an inn or hotel, or of a'boarder at a boarding house where such property is in the exclusive use of such boarder; (5) Of a decedent; (6) Of the United States and its governmental agencies, or of the Commonwealth of Pennsylvania or of any political subdivision thereof; (7) Of any public service company, essential to the performance of its public functions; or, (8) Cattle or stock taken by the tenant to be fed or cared for on the leased premises for a consideration to be paid by the owner. Article V. Recovery of Possession. § 250.501. Notice to quit (a) A landlord desirous Of repossessing real property from a tenant except real property which is a mobile home space as defined in the act of November 24, 1976 (Pl. 1176, No. 261), known as the "Mobile Home Park Rights Act," may notify, in writing, the tenant -to remove from the same atthe expiration ofthetime specified -in the notice -under the following circumstances, namely, (1) Upon the termination of a term of the tenant, (2) or upon forfeiture of the4ease for breach of its conditions, (3) or upon the failure of the tenant, upon demand, to satisfy any rent reserved and due. (b) Except as provided for in subsection (c), in case of the expiration of a term or of a forfeiture for breach of the conditions of the lease where the lease is for any term of one year or less or for an indeterminate time, the notice shall specify that the tenant shall remove within fifteen days from the date of service thereof, and when the lease is for more than one year, then within thirty days from the date of service thereof. In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice shall specify -that the tenant shall remove within ten days-from.the date of the service thereof. (c) In case of the expiration of a term or of a forfeiture for breach of the conditions of the lease involving a tenant of a mobile home park as defined in the "Mobile Home Park Rights Act," where the lease is for any term of less than one year or for an indeterminate time, the notice shall specify that the tenant shall remove within thirty days from the date of service thereof, and when the lease is for one year or more, then within three months from the date of service thereof. In case of failure -of -the -tenant, upon -demand, to satisfy any rent reserved and -due; the notice, if -given -on or after April first and before September first, shall specify that the tenant shall remove within fifteen days from the date of the service thereof, and if given on or after September first and before April first, then within thirty days from the date of the service thereof. DEFENDANT'S EXHIBIT 3a-1. (c 1) The owner of a mobile home park shall not be entitled to recovery of the mobile home space upon the termination of a lease with a resident regardless of the term of the lease if the resident: (1) is complying with the rules of the mobile home park; and (2) is paying the rent due; and (3) desires to continue living in the mobile home park. (c.2) The only basis for the recovery of a mobile home space by an owner of a mobile home park shall be: (1) When a resident is legally evicted as provided under section 3 of the "Mobile Home Park Rights Act." (2) When the owner and resident mutually agree in writing to the termination of a lease. (3) At the expiration of a.lease, if the resident determines thathe no longer desires to reside in the park and so notifies the owner in writing. (d) In case of termination due to the provisions of section 505-A, the notice shall specify that the tenant shall remove within ten days from the date of service thereof. (e) The notice above provided for may be for a lesser time or may be waived by the tenant if the lease so provides. (f) Thenoticeprovided for in this section may be served personally on the tenant, or by leaving the same at the principal building -upon the premises; or by posting -the same conspicuously on the leased premises. § 250.502. Summons and service (a) Upon the filing of the complaint, the justice of the peace shall issue a summons which recites substantially the complaint, is directed to any writ server, constable or the sheriff of the county and commands that writ server, constable or sheriff to summon the tenant to appear before the justice of the peacetoanswer the complaint on a date not less than seven nor --more than ten days fromthedate of the summons. (b) The summons may be served personally on the tenant, by mail or by posting the summons conspiciously on the leased premises. § 250.503. Hearing; judgment; writ of possession; payment of rent by tenant (a) On the day and at the time appointed or on a day to which the case may be adjourned, the justice of the peace shall proceed to hear the case. If it appears that the complaint has bccn sufficiently proven, the justice of:the peace shall enter judgment against the tenant: (1) that the real property be delivered up to the landlord; (2) for damages, if any, for the unjust detention of the demised premises; and (3) for the amount of rent, if any, which remains due and unpaid. (b) At the request of the landlord, the justice of the peace shall, after the fifth day after the rendition of the judgment, issue a writ of possession directed to the writ server, constable or sheriff, commanding him to deliver forthwith actual possession of the real property to the landlord and to levy the costs and amount of judgment for damages and rent, if any, on the tenant, in the same manner as judgments and costs are levied and collected on writs of execution. This writ is to be served within no later than forty-eight hours and executed on the eleventh day following service upon the tenant of the leased premises. Service of the writ of possession shall be served personally on the tenant by personal service or by posting the writ conspicuously on the leased premises. 11 (c) At any time before any writ of possession is actually executed, the tenant may, in any case for the recovery of possession solely because of failure to pay rent due, supersede and render the writ of no effect by paying to the writ server, constable or sheriff the rent actually in arrears and the costs. § 250.504. Return by constable or sheriff The writ server, constable or sheriff shall make return of the writ of possession to the justice of the peace within ten days after receiving the writ. The return shall show: (1) the date, time, place and manner of service of the writ; (2) if the writ was satisfied by the payment of rent due or in arrears and costs by or on behalf of the tenant; the amount,of that payment and its distribution; (3) the time and date of any forcible entry and ejectment, or that no entry for the purpose of ejectment had been made; and (4) his expenses and fees, which expenses and fees shall have been paid by the tenant or, if paid by the landlord, reimbursed to the landlord by the tenant in order to satisfy the writ. § 250.505. Abandoned mobile homes (a) If a mobile home is abandoned by its residents for a period of thirty days or more, the owner of the mobile home park or other person or persons responsible for operation of the park may: (1) Enter the mobile home and secure any appliances, furnishings, materials, supplies or other personal property therein and disconnect the mobile home from any utilities. (2) Move the mobile home to a storage area within the mobile home park or to another location deemed necessary and proper without the requirement of obtaining a removal permit from the local taxing authority which would otherwise be required under section 407(e) of the act of May 22, 1933 (P.L. 853, No. 155), known as "The General County Assessment Law," or section 617.1 of the act of May 21, 1943 (P.L. 571, No. 254), known as "The Fourth to Eighth Class County Assessment Law." The mobile home shall continue to be sibject to the lien for taxes assessed against it, but the real estate on which the home was and is located shall not be encumbered by the lien. The former mobile home residents shall be notified by mail and by posting on the home and at any other known address, or by any other means by which notice may be achieved, that the mobile home has been moved and of the new location of the mobile home. (3) Assess removal charges and storage charges against the former mobile home residents. (b) A person or persons acting as authorized under subsection (a) are not responsible for any loss or damage to a home or its contents or for any taxes, fees, assessments or other charges of any kind relating to the abandoned mobile home unless it is proven that the home removed was not an abandoned home, in which case the community owner and his agent shall be liable for the loss incurred by the homeowner. § § 250.506 to 250.510. Repealed.1978, April 28, P.L. 202, No. 53, § 2(a) [1271], effective June 27, 1980 § 250.511. Remedy to recover possession by ejectment preserved Nothing contained in this article shall be construed as abolishing the right of any landlord to recover possession of any real property from a tenant by action of ejectment, or from instituting any amicable action of ejectment to recover possession of any real property by confessing judgment -in accordance with the terms of any written contract or agreement. § 250.511a. Escrow funds limited (a) No landlord may require a sum in excess of two months' rent to be deposited in escrow for the payment of damages to the leasehold premises and/or default in rent thereof during the first year of any lease. (b) During the second and subsequent years of the lease or during any renewal of the original lease the amount required to be deposited may not exceed one month's rent. (c) If, during the third or subsequent year of a lease, or during any renewal after the expiration of two years of tenancy, the landlord requires the one month's rent escrow provided herein, upon termination of the lease, or on surrender and acceptance of the leasehold premises, the escrow funds together with interest shall be returned to the tenant in accordance with sections 511.2 and 512. 12 (d) Whenever a tenant has been in possession of premises for a period of five years or greater, any increase or increases in rent shall not require a concomitant increase in any security deposit. (e) This section applies only to the rental of residential property. (f) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable. § 250.511 b. Interest on escrow funds held more than two years (a) Except as otherwise provided in this section, all funds over one hundred dollars ($ 100) depositFd with a lessor to secure the execution of a rental agreement on residential property in accordance with section 511.1 an¢ pursuant to any lease newly executed or reexecuted after the effective date of this act shall be deposited in an escrow account of an institution regulated by the Federal Reserve Board, the Federal Home Loan Bank Board, Comptroller of the Currency, or the Pennsylvania Department of Banking. When any funds are deposited in any escrow account, interest-bearing or noninterest -bearing, the lessor shall thereupon notify in writing each of the tenants making any such deposit, giving the name and -ad -dress of the banking institution in which such deposits are held, and -the amount-ofsuch deposits. (b) Whenever any money is required to be deposited in an interest-bearing escrow savings account, in accordance with section 511.1, then the lessor shall be entitled to receive as administrative expenses, a sum equivalent to one per cent per annum upon the security money so deposited, which shall be in lieu of all other administrative and custodial expenses. The balance of the interest paid shall be the money of the tenant making the deposit and will be paid to said tenant annually upon the anniversary date of the commencement of his lease. (c) The provisions of this section shall apply only after the second anniversary of the depositof escrow funds. § 250.511 c. Bond in lieu of escrowing Every landlord subject to the provisions of this act may, in lieu of depositing escrow funds, guarantee that any escrow funds, less cost of necessary repairs, including interest thereon, shall be returned to the tenant upon termination of the lease, or-oirsurrender and acceptance -of -the -leasehold -premises. The guarantee of repayment of said -escrow funds shall be secured by a good and sufficient guarantee bond issued by a bonding company authorized to do business in Pennsylvania. § 250.512. Recovery of improperly held escrow funds (a) Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims_the tenant is liable.. Delivery of the list shall be accompanied by payment of the difference between any sum deposited in escrow, ineludingany unpaid interestthereon, for the -payment of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant. Nothing in this section shall preclude the landlord from refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant. (b) Any landlord who fails to provide a written list within thirty days as required in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow, including_any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises: (c) If the landlord fails to pay the tenant the difference between the sum deposited, including any unpaid interest thereon, and the actual damages to the leasehold premises caused by the tenant within thirty days after termination of the lease or surrender and acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the amount by which the sum deposited in escrow, including any unpaid interest thereon, exceeds the actual damages to the leasehold premises caused by the tenant as determined by any court of record or court not of record having jurisdiction in civil actions at law. The burden of proof of actual damages caused by the tenant to the leasehold premises shall be on the landlord. (d) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable. (e) Failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section. (f)_This section shall apply only to residential.leaseholds and not to.commercial leaseholds. 13 §- 250.513. Appeal by tenant to common pleas court (a) Every tenant who files an appeal to a court of common pleas of a judgment of the lower court invqlving an action under this act for the recovery of possession of real property or for rent due shall deposit with the prothonotary a sum equal to the amount of rent due as determined by the lower court. This sum representing the rent due or in question shall be placed in a special escrow account by the prothonotary. The prothonotary shall only dispose of these funds by order of court. (b)_Within ten days after the_cendition of judgment by a lower. court arising out of residential lease or within thirty days after a judgment by a lower court arising out of a nonresidential lease -or a residential lease involving avictim of domestic violence, either party may appeal to the court of common pleas, and the appeal by the tenant shall operate as a supersedeas only if the tenant pays in cash or bond the amount of any judgment rendered by the lower court or is a victim of domestic violence and pays in cash any rent which becomes due during the court of common pleas proceedings within ten days after the date each payment is due into an escrow account with the prothonotary or the supersedeas shall be summarily terminated. (c) Upon application by the landlord, the court shall release appropriate sums from the escrow account on a continuing basis while the appeal is pending to compensate the landlord for the tenant's actual possession and use of the premises during the pendency of the appeal. (d) Upon application by the tenant, the court shall release appropriate sums from the escrow account on a continuing basis while the appeal is pending to directly compensate those providers of habitable services which the landlord is required to provide under law or under the lease. (e) As usedin this section, the following words and phrases shall have the meanings given to them in this subsection: "LOWER COURT." District justice, magistrate or any other court having jurisdiction over landlord and tenant matters, excluding a court of common pleas. "VICTIM OF DOMESTIC VIOLENCE." A person who has obtained a protection from abuse order against another individual or can provide other suitable evidence as the court shall direct. Article V-A. Tenement Buildings and Multiple Dwelling Premises. § 250.501-A. Definitions As used in this article, the following terms shall have the meanings ascribed to them in this section unless the context otherwise indicates: (1)_"TENEMENT BUILDING" any house or building, or portion thereof, which is intended or designed to be occupied or leased for occupation, or actually occupied, as a home or residence for three or more households living in separate apartments, and doing their cooking upon the premises. (2) "APARTMENT" a room or suite of two or more rooms, occupied or leased for occupation, or intended or designed to be occupied, as a domicile. (3) "MULTIPLE DWELLING PREMISES" any area occupied by dwelling units, appurtenances thereto, grounds-and"facilities which dwelling units are intended or designed to be occupied -or leased for occupation, or actually occupied, as individual homes or residences for three or more households. "Multiple dwelling premises" shall include, inter alia, mobile home parks. 14 DEFENDANT'S COUNTERCLAIM EXHIBITS A tenant has an implied right to"quiet enjoyment" of a leased premises. Quiet enjoyment is described, by the Massachusetts Superior Court, as a tenant's right to freedom from serious interference with his tenancy, or acts or omissions that impair the character and value of the leasehold. "The interference need not arise from the landlord's conduct directly; a landlord may incur liability as a result of conduct of third parties, if serious interference with the tenancy is a natural and probable consequence of what the landlord did, what he failed to do, or what he permitted to be done. A landlord's failure to repair defects in the premises of which the landlord has notice can give rise to liability, if such defects result in a serious interference with the tenancy. The conduct of the landlord need not be intentional, but it must be at least negligent." The right can be breached by nearly any major disturbance that prevents the tenant from using the property as he or she intended. Thus, failing to provide for heat, having a property that doesn't live up to the health and safety standards of the state or is otherwise uninhabitable, or a landlord's failure to take action against other tenants who make loud or excessive noise at unreasonable hours include breaches of the right to quiet enjoyment. Quiet enjoyment can also be violated if the tenant fails to provide proper security in an area of high crime. A tenant can sue a land -lord for breach of the quiet enjoyment. If a tenant is successful, the tenant is entitled to the difference between the rent and actual value of the tenant's unexpired lease term - thus, if a tenant is forced to move out because of the disturbance, the landlord is liable for the entire rent. DEFENDANT'S EXHIBIT slit I , �H DEeE� OFFICE OF HOUSING . U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON. DC 20410-8000 JUN 1 8 2010 TO: All Owners and Management Agents SUBJECT: Tenant Particiiation in Multifamily Housing Projects 24 CFR Part 245 The Department of Housing and Urban Development's regulations governing tenant participation in multifamily housing projects are found at 24 CFR Part 245. These regulations reflect the Department's commitment to tenant participation, individually and through legitimate tenant organizations. We believe that tenant participation is an important element to maintaining sustainable projects and communities. This letter highlights certain key features of Part 245 and serves as a reminder that compliance with these requirements is expected. By issuance of a Housing Notice currently being developed, the requirements of Part 245 will be enforced through the imposition of Civil Monetary Penalties. The Housing Notice will be developed with appropriate consultation and input from our stakeholders. Properties covered by Part 245 24 CFR Part 245 applies to projects with an insured mortgage or a HUD -held previously insured mortgage assisted under Section 236, the Section 221(d)(3) BMIR Program. the Rent Supplement Program, or the Section 8 Loan Management Set -Aside Program following conversion to such assistance from the Rent Supplement Program Assistance. Part 245 also covers formerly HUD -held properties that were previously assisted under the Section 236. 221(d)(3 ), Rent Supplement or Section 8 LMSA programs that have been sold by the Secretary with a mortgage insured or held by HUD with an agreement to maintain the low and moderate income character of the building. The Department amended Part 245 on April 24, 2003 to extend coverage to non -HUD insured properties that receive assistance under the Section 236 or Rent Supplement programs administered by state or local agencies. Right of tenants to organize Part 245.100 provides tenants of a covered multifamily housing project the right to establish and operate a tenant organization for the purpose of addressing issues related to their living environment as well as activities related to housing and community development. Legitimate tenant organizations Part 245.110 defines a legitimate tenant organization as one that has been established for the purposes stated in Part 245.100 and meets regularly, operates democratically, is representative of all residents in the development, and is completely independent of owners, management, and their representatives. The definition covers "organizing committees" newly formed by residents, and does not require specific structures, written by-laws, elections, or resident petitions for a group to be www.hud.gov DEFENDANT'S EXHIBIT considered legitimate. Protected activities Part 245.115 identifies specific activities that owners and agents must allow tenants and tenant organizers to conduct related to establishment or operation of a tenant organizations. These activities include distributing leaflets in lobby and common areas, under tenants' doors; initiating contact with tenants; conducting door-to-door surveys and information dissemination about the organization; posting information on bulletin boards; and convening tenant organization meetings on-site in a manner that is fully independent of management representatives. Tenants also have the right to formulate responses to owners' requests for rent increases, conversion from project paid utilities to tenant -paid utilities; converting units to non-residential use or condominiums; capital additions; and loan prepayment. In order to preserve the independence of tenant organizations, the regulations specify that management representatives may not attend tenant meetings unless specifically invited by the tenant organization. Owners and agents are prohibited from requiring tenants or tenant organizers from obtaining prior permission before engaging in activities protected under Part 245.115. Meeting space Part 245.120 requires owners and agents of covered projects to reasonably make available the use of any community room or other available space appropriate for meetings when requested by tenants or the tenant organization for activities related to the operation or establishment of the tenant organization or to collectively address issues related to their living environment. These meetings must be accessible to persons with disabilities, unless this is impractical for reasons beyond the organization's control. An owner may charge a reasonable fee, approved by HUD, as may normally be imposed for use of such facilities in accordance with procedures prescribed by HUD. An owner may elect to waive this fee. Tenant organizers Part 245.125 defines a "tenant organizer" as a tenant or non -tenant who assists tenants in establishing and operating a tenant organization, and who is not an employee or representative of current or prospective owners, managers or their agents. Owners and agents must allow tenant organizers to assist tenants in establishing and operating tenant organizations. A non -tenant, tenant organizer must be accompanied by a tenant while on the property of the multifamily housing project only in cases where the project has a consistently enforced, written policy against canvassing (unless the organizer represents a nonprofit organization directly funded by HUD to provide eligible education and outreach assistance to tenants, in which case this requirement does not apply). Where there is such a non -canvassing policy, non -tenant organizers must be afforded the same rights and privileges as other uninvited outside parties; where there is no such policy against canvassing, the project shall be treated as if it has a policy favoring canvassing. 3 Impediments to Residents or Resident Associations Attempting to Exercise Their Rights Chapter 4 of Handbook 4381.5 (Rev. 2) identities specific actions by owners/and agents that constitute impediments to residents or resident associations attempt to exercise their rights. These include: Unreasonably denying accessible meeting space to residents: repeatedly sending management representatives to resident meetings which residents have requested management not to attend; evicting, threatening to evict, withholding entitlements, or otherwise penalizing residents for organizing or asserting their rights; attempting to adversely influence resident leaders by offering individual inducements such as employment, preferential transfers, rent abatements, favored repairs, or other benefits not available to all residents in the development; atternpting to form a competing resident organization under the control of the management company or the owner, sexually harassing residents. Enforcement Part 245.135 states that owners, agents, and principals or affiliates who violate any provision of Part 245 may be liable for sanction, including, pursuant to 24 CFR Part 30, the imposition of Civil Monetary Penalties, for a multifamily property of five or more units covered by Part 245 that also has a mortgage insured, co-insured or held by HUD or a loan under Section 202 or 811. The Department is currently developing guidance and instructions to field staff to implement the imposition of Civil Monetary Penalties for violation of these regulations. This guidance will be provided to owners as a Housing Notice with appropriate consultation and input from our stakeholders. Owners and agents many contact their local HUD Program Center with questions. HUD Handbook 4381.5 and 24 CFR Part 245 is accessible at www.hud.gov. Thank you for your partnership and participation in HUD's programs, and for your attention to these important requirements. Sincerely, 1}kt 164 -- Carol J. Galante Deputy Assistant Secretary for Multifamily Housing Programs PENNSYLVANIA EVICTIONS KNOWING AND using your rights as a tenant might be the difference between keeping or losing your home. Landlord Trouble: Speak with your landlord. Try to work out the problem in a way that is fair to both you and your landlord. Many Pennsylvania communities have mediation programs that can help landlords and tenants resolve their disputes. How you can be evicted: Pennsylvania's Landlord and Tenant law says that you can be evicted if: • You don't pay rent; • You don't live up to your end of the written or oral lease agreement • The time for which you rented your dwelling is up, and the landlord wants you to move. If you have a written lease, you have a right to stay in the residence until the end of the lease term, as long as you live up to your end of the lease. If you do not have a written lease, in most circumstances the law considers you to have an oral month-to-month lease. Either you or your landlord can terminate the lease at the end of any month, for any reason or for no reason. A Pennsylvania landlord cannot evict you: • Because of your race, color, religion, ancestry, national origin, sex, or age, or that of a household member • Because you or a household member or an acquaintance is disabled or uses a guide dog or other support animal; • Because you or a household member is pregnant or has children In addition, you cannot be evicted for exercising your legal rights (for example, complaining about bad housing conditions to local housing code officials) if your landlord is retaliating (getting back at you) by evicting you. You also may be able to prevent an eviction if you can prove that you didn't pay rent because the DEFENDANT'S EXHIBITr 1� ser► rented premises were unfit to live in. You will have to prove that you complained to your landlord about serious defects, but your landlord refused to make repairs. All complaints should be done in writing. For a Landlord to evict you in Pennsylvania: They must go to court, which usually involves these important steps: 1. Written notice. Unless your lease says otherwise, your landlord must give you a written notice before filing an eviction case against you. The notice tells you when the landlord wants you to move. The amount of time the eviction notice gives you to move depends on the length of your lease and the reason you are being asked to move. If you are being evicted because you did not pay rent, your landlord must give you a written notice at least 10 days before filing an eviction case. If you are being asked to move for any reason other than nonpayment of rent, your landlord must give you a written notice • 15 days before filing an eviction case, if your lease is for one year or less; or • 30 days before filing an eviction case, if your lease is for more than one year. Your lease can provide for a longer or shorter notice, or no notice at all. If you have not moved out by the date stated on the eviction notice your landlord gave you, your landlord cannot just throw you out. He or she must still file a landlord/tenant complaint and go to court, as described below. 2. Court hearings. The eviction hearing will usually be before a Magisterial District Justice. Your landlord cannot just move you out, lock you out or take your personal property on his or her own. You have the right to appear at the hearing before the Magisterial District Justice with any witnesses or other evidence you have. Since eviction cases move quickly, it is a good idea to get legal advice before your eviction hearing. The landlord must appear at the hearing and present testimony as to why you should be evicted. If the landlord fails to appear, you should ask that the case be dismissed. 3. Appeal. If you lose at this hearing but have a good defense, you have only 10 days to appeal to a higher court. To stay in your home during the appeal, • You must pay into court when you file the appeal either the amount of rent in the judgment or 3 months rent, whichever is less; and If the Magisterial District Justice decided that you owed back rent, you must pay that amount into court, or post a bond for that amount, when you file the appeal. (You only have to pay three months of back rent into court, however, even if you owe more.) If you want to appeal, you should get legal advice immediately after the hearing. If you do not appeal, you can be evicted by a constable or sheriff in as little as 22 days after the hearing before the Magisterial District Justice. Tenants living in tax credit buildings have good cause eviction protection statewide. LIHTC owners are prohibited from evicting residents or refusing to renew leases or rental agreements, other than for good cause. The termination notice must state good cause, and may include either a serious or repeated violation of the lease, crime or drug related activity, or failure to vacate following a condition that leaves the unit uninhabitable. Good cause is not clearly defined in tax credit policy, and is determined on a case-by-case basis. The notice of termination or non -renewal of lease must include a list of the specific good cause reasons for the action. The tenant has the right to raise good cause eviction protection in court as a defense against an eviction if they believe they were evicted for non -good cause reasons. Good Cause Eviction Owners of properties funded under the federal Low -Income Housing Tax Credit program must have good cause to evict tenants. This rule was first clarified statutorily in 1990. Omnibus Budget Reconciliation Act of 1990, Pub. L. 101-508, § 11701(a)(7), 104 Stat. 1388-506 (1990). However, many state finance agencies did not implement this rule for well over a decade. Following several state appellate courts, in July of 2004, the IRS issued a Revenue Ruling which confirmed that the statute requires properties to have a recorded covenant that prohibits evictions without cause. This requirement provides an important tool in ensuring that low-income tenants can remain in their homes. Advocates should ensure that their state LIHTC properties are in compliance with these requirements. DEFENDANT'S EXHIBIT Most landlord -tenant cases -involve clear-cut monetary issues such as -a security deposit, rent, or repair - and -deduct. What if I want to sue my former landlord for constructive eviction through (substantial) negligent and intentional violation of the implied covenant of quiet enjoyment, private nuisance, and repeated use of threats, force, and menacing conduct to influence me to move out, this latter (CA Civil Code § 1940.2(a)(3)) having statutory damages of $2,000 per violation. CA Civil Code § 789.3 on constructive eviction allows for actual damages, which I believe can include moving costs. However, how can I or a judge put a dollar amount on breach of quiet enjoyment and -nuisance? This is not as clear-cut and small claims judges are used to clear-cut cases. Any feedback or suggestions? Additional information In my case there is no cross-complaint scenario. I was simply compelled to move because of the landlord's constant interference through substantial clutter, noise, and threats when I complained of the interference, simply because it's the landlord's personality to impose himself, and he doesn't understand the law. I would not have moved otherwise. I can prove how much it cost me to move. I can also prove the substantial clutter through photos (his things hoarded in the yard and common areas), noise and intimidating personality (through several witness statements), phone calls to him at 3 AM asking him to turn down his noise, my letters warning him that I would take legal action if he did not stop. However, how do you puta dollar amount on these? I only know it depends on the intensity .and frequency of the interference. But supposing these lasted for at least 6 months, how much would I ask for these in small claims court? DEFENDANT'S EXHIBIT c-4 -c HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA,. vs. : NO. 14-2799 CIVIL ACTION KENNETH A. KREIGER and : CIVIL ACTION - LAW DIANE KREIGER, Defendant : ' r7; PLAINTIFF'S REPLY TO DEFENDANTS' COUNTERCLAIM.`" wit —�r 1. Admitted. 3; ry t--- c" 2. Admitted. c7) 3. Admitted. 4. Denied. 5. Denied. 6. Denied. 7. Denied. 8. Denied. WHEREFORE, Plaintiff, Humphrey Management,prays that this Honorable Court issue a judgment in Plaintiff's favor and against Defendants Kenneth A. Kreiger and Diane Kreiger. Respectfully Submitted, TURO ROBINSON Attorneys at Law 060, Date Paul M. Ferguson Supreme Court No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff All VERIFICATION I verify that the statements made in the foregoing Plaintiff's Reply to Defendants' Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. -26- 201'1 Date Clarence Ernde Regional Manager (For Humphrey Management, agent for Senior Cottages of Shippensburg, LTD, d/b/a Cottages of Shippensburg) HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 14-2799 CIVIL ACTION KENNETH A. KREIGER and : CIVIL ACTION - LAW DIANE KREIGER, • Defendant CERTIFICATE OF SERVICE I, Paul M. Ferguson, hereby certify that on this day, I served a true and correct copy of the foregoing Plaintiff's Reply to Defendants' Counterclaim, by depositing same in the United States Mail from Carlisle, Pennsylvania, addressed as follows: Kenneth A. Kreiger and Diane Kreiger 120 Cottage Road Shippensburg, PA 17257 TURO ROBINSON • Attorneys at Law • o 3/y Date Paul M. Ferguson Supreme Ct. No. 203293 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a TRIAL WITHOUT A JURY. CAPTION OF CASE fentire caption must be stated in full' HUMPHREY MANAGEMENT, (Plaintiff) vs. KENNETH A. KREIGER and DIANE KREIGER, (Defendant) vs. (check one) • Civil Action — Law ri Appeal from arbitration EI (other) No. 14-2799 Indicate the attorney who will try case for the party who files this praecipe: J Ale4 Indicate trial counsel for other parties if known: N/A: Defendants proceeding pro se. This case is ready for trial. Signed: Print Na e: Date: 03 20(f Attorney for: Plaintiff Civil Term .2?.7S iss-7 HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH A. KREIGER AND DIANE KREIGER, DEFENDANTS : 14-2799 CIVIL ORDER OF COURT a CD Gr cn 0 6 o—:-; AND NOW, this 15th day of August, 2014, the non -jury trial in the above referenced case has been assigned to this Court. Prior to setting an actual trial date, IT IS HEREBY ORDERED AND DIRECTED that the parties in this case file a pre-trial memorandum with the Court on or before September 30, 2014, in the following format: I. A concise statement of factual issues to be decided at trial. II. A list of witnesses the party intends to call at trial along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at trial. IV. A statement of any legal issues each party anticipates being raised at trial along with copies of any cases which may be relevant to resolution of the stated issue. V. An estimate of the anticipated time needed for the party to present its case. Upon receipt and review of these memorandums, the Court will set a trial date for this case. By the Court, Justin Abel, Esquire Attorney for Plaintiff Knneth A. Kreiger Diane Kreiger Defendants bas frztr,,L, PRAECIPE FOR LISTING CASE FOR JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. THE PROTHON011,W: 2()14 SEP -14 Pti 12: 143 CUMBERLAND COUNTY PENNSYLVANIA CAPTION OF CASE Lentire caption must be stated in full), Humphrey Management (Plaintiff) vs. Kenneth A Kreiger and Diane Kreiger (check one) 0 Civil Action — Law Appeal from arbitration (other) No. 14-2799 Civil Term The trial list will be called on 9/30/2014 and (Defendant) Pretrials will be held on 10/15/2014 vs. (Briefs are due 5 days before pretrials) Trials commence on 10/27/2014 Indicate the attorney who will try case for the party who files this praecipe: Indicate trial counsel for other parties if known: Justin S. Abel, Esq. This case is ready for trial. Signed: kea Date: 9/04/2014 Print Name: Kenne Ai.erA. Kreiger Attorney for: .2 I/' 3/06i9/ 3/ 0 6e/ HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. KENNETH A. KREIGER and DIANE KREIGER, Defendant : NO. 14-2799 CIVIL ACTION („--.) CIVIL ACTION - LAW m frzi cn r - >c; --1 CR) c PRAECIPE TO STRIKE APPEAL FROM DISTRICT JUSTICE To the Prothonotary: CD T —I CI, _.. C") ,.. Kindly strike the appeal from the Defendant in this matter for failing to comply with the provisions of Section 513 of the Landlord and Tenant Act of 1951 and remit rent to the Prothonotary for the month of August as required. And now this /616 oteordd c� Day of Clarence Ernde (For Humphrey Management) , 2014, the appeal is stricken. An kx, '71.4adave pfaec./Pe. la.“4ecl Prothonotary HUMPHREY MANAGEMENT OF : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 14 — 2799 CIVIL TERM KENNETH A. KREIGER, and DIANE KREIGIER, Defendants : CIVIL ACTION — LAW CERTIFICATE OF SERVICE I, Justin S Abel, hereby certify that on this day, I served a copy of the attached Praecipe to Strike Appeal from District Justice, by depositing same in the United States Mail, first class, postage pre -paid, from Carlisle, Pennsylvania, addressed as follows: Kenneth A. Kreiger and Diane Kreiger 120 Cottage Road Shippensburg, PA 17257 TURO ROBINSON Attorneys at Law Abel upreme Ct. No. 312888 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH A. KREIGER AND DIANE KREIGER, DEFENDANTS : 14-2799 CIVIL ORDER OF COURT AND NOW, this 17th day of September, 2014, it appearing that the Defendants have requested jury trial in this matter; IT IS HEREBY ORDERED AND DIRECTED that the Order of this Court dated August 15, 2014, is hereby VACATED. By the Court, Justin Abel, Esquire Attorney for Plaintiff .,/g-e-rineth A. Kreiger Diane Kreiger Defendants Court Administrator — bas -0 rn CO ri —J r- cj ri HUMPHREY MANAGEMENT, Plaintiff V KENNETH A. KREIGER and DIANE KREIGER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 14-2799 CIVIL TERM IN RE: CASE STRICKEN FROM THE OCTOBER TRIAL LIST ORDER OF COURT AND NOW, this 30th day of September, 2014, upon consideration of the call of the civil trial list, and no person having appeared to call the above -captioned case, Humphrey Management vs Kreiger, for trial, the case is stricken from the trial list. tin S. Abel, Esquire For the Plaintiff w/Knneth A. Kreiger, Pro Se 120 Cottage Rd. Shippensburg, Pa. 17257 :mtf By the Court, HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 14-2799 CIVIL ACTION mot)rn =7° yr wiePETITION FOR RELEASE OF FUNDS IN ESCROW 30'c> 27. cr 1. Petitioner, Humphrey Management, is the parent management company of HAI Management, Inc., a Maryland corporation, agent of the Senior Cottages of Shippensburg, LTD, located at 300 Dwelling Court, Shippensburg, Cumberland County, Pennsylvania 17257. KENNETH A. KREIGER and DIANE KREIGER, Defendant : CIVIL ACTION - LAW 2. Respondents, Kenneth A. Kreiger and Diane Kreiger, husband and wife, reside at 120 Cottage Road, Shippensburg, Cumberland County, Pennsylvania 17257, hereinafter "the Property." 3. The Property is owned by Humphrey Management and Homes for America, known jointly as the Senior Cottages of Shippensburg, LTD. Petitioner, Humphrey Management, manages the Property as agent for the Senior Cottages of Shippensburg, LTD. 4. On April 15, 2014, the Petitioner filed a landlord -tenant complaint in the Magisterial District Court 09-3-01. Case was docketed as MJ -09301 -LT -000059-2014. 5. On April 29, 2014, the Honorable H. Anthony Adams filed a judgment in favor of the Plaintiffs. 6. On May 6, 2014, the Respondents appealed that order to the Court of Common Pleas for Cumberland County, Pennsylvania. 7. The Respondents paid $839.00 into the Prothonotary's Office escrow account on three occasions: May 7, 2014; June 11, 2014; and July 9, 2014. The total of these payments is $2,517.00. 8. The Respondents failed to make their payment for August as required by Section 513 of the Landlord and Tenant Act of 1951. 9. On September 16, 2014, the Petitioner filed a Praecipe to Strike the Appeal with the Prothonotary's Office and the appeal was stricken. WHEREFORE, the Petitioner respectfully requests that this Honorable Court enter and order approving the release to the Petitioner of any and all funds in the escrow account. (94"? 4-e"A4-e egt,"41-e 1"."4.9ee Clarence Ernde VERIFICATION I verify that the statements made in the foregoing Petition to Release the Funds in Escrow are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 9-ZQ-2ot 1 Date larence Ernde Regional Manager (For Humphrey Management, agent for Senior Cottages of Shippensburg, LTD, d/b/a Cottages of Shippensburg) HUMPHREY MANAGEMENT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. KENNETH A. KREIGER and DIANE KREIGER, Defendant : NO. 14-2799 CIVIL ACTION : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Justin S Abel, hereby certify that on this day, I served a copy of the attached Praecipe to Strike Appeal from District Justice, by depositing same in the United States Mail, first class, postage pre -paid, from Carlisle, Pennsylvania, addressed as follows: Kenneth A. Kreiger and Diane Kreiger 120 Cottage Road Shippensburg, PA 17257 TURO ROBINSON Attor s a aw Jus Su me Ct. No. 312888 129 outh Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff