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Home My WebLink About05-1812VERONICA WHITNEY, Appellant v. HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05- ?gia, CIVIL TERM APPEAL FROM LOCAL AGENCY DETERMINATION APPEAL FROM DETERMINATION OF THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND TERMINATING APPELLANT FROM THE RENTAL ASSISTANCE PROGRAM Appellant, Veronica Whitney, pursuant to 2 Pa.C.S.A. §752, appeals from a determination of the Housing Authority of the County of Cumberland terminating her participation in the Section & Rental Assistance Program, on the following grounds: 1. Appellant, Veronica Whitney (hereinafter "Ms. Whitney"), is an adult individual residing at 149 "A" Street, Carlisle, PA 17013 2. Appellee/Respondent, Housing Authority of the County of Cumberland, (hereinafter "the Housing Authority"), is a "local agency" within the meaning of the "Local Agency Law," 2 Pa.C.S.A.§§551-555, 751-754, and with offices located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 3. Christopher Gulotta is the Executive Director of the Housing Authority. He is responsible for seeing that the Housing Authority complies with applicable laws and regulations. His office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA. 17013. 4. Cathy S. Graver is the Director of Operations for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 5. Carolyn Bair is the Rental Assistance Program Supervisor for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 6. Ms. Whitney is a single parent with three children who has received rental assistance from the Housing Authority since December, 2003. 7. Following an informal hearing on October 5, 2004, the Housing Authority (letter attached as Ex. "A") allowed Ms. Whitney to remain in subsidized housing as long as she agreed to work with a counseling agency, Maranatha. 8. Appellant refused to "work" with Maranatha because they required that she pay her former landlord, Freehold Enterprises, c/o Sterling Property Management, Inc,.back rent as alleged by them, despite the fact that said issue is before this Court on appeal, Civil Term 04-6074; 04-6075). 9. Respondent terminated Appellant's rental assistance as a result of Appellant's refusal (letter attached as Ex. "B"). 10. Appellant believes that she will be able to establish that she remains eligible to remain at her current residence or any other suitable residence and receive rental assistance. 11. Housing is not affordable for herself and her three children without rental assistance from the Respondent. WHEREFORE, Appellant requests that this Honorable Court grant the following relief: A. Pursuant to 2 Pa.C.S.A. §754, schedule a de novo hearing before this Court and, at the conclusion of the hearing, enter an Order reversing the Housing Authority's decision to terminate Appellant's participation in the Rental Assistance Program, or, in the alternative, remand the proceedings to the Housing Authority for the making of a full and complete record; B. Award Appellant such other and further relief as this Court may deem reasonable and just. Respectfully submitted, MIDPENN LEGAL SERVICES By: ?iLCh ?fiC?t Geoffrey M. Birin er 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID#18040 HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND • Rental Housing for Families • Rental Housing for Elderly ?? - • Rental Housing for Persons with Special Needs - • Rental Assistance Programs • First Time Homebuyer Programs - • Supportive Services/Empowerment Programs October 8, 2004 Veronica Whitney 165 W. North Street Carlisle, PA 17013 Dear Ms. Whitney On Tuesday, October 5, 2004, an informal hearing was held on your termination from the Section 8 Rental Assistance Program. At this hearing we discussed issues relating to the shut-off of gas service to your unit and your pending eviction hearing. After considering the information, I am allowing you to remain on the Section 8 program. Although you did fail in your Family Obligations by not paying your utility bills, I cannot make a clear determination that it is completely your fault. The file does indicate that you reported problems with the oven in May 2004, and I have no evidence that the landlord made any attempt to correct the problem. We will, however, require that you have quarterly inspections for at least the first year in your new unit. Our quarterly inspection of your present unit failed several housekeeping areas, mainly in cleanliness of the bathroom, walls and floors. You also will be required to supply verification that you are working with Maranatha to ensure that your bills are paid when due. There also have been several police reports of fights, loud music, etc., at your current unit. Please understand that disturbances of neighbors is a violation of your lease and could lead to termination of your rental assistance if it continues. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Exhibit "A" Carolyn E. Bair Rental Assistance Program Supervisor cc: Geoffrey Biringer SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 • CARLISLE PA 17013-2445 Telephone/TDY (717) 249-1315 •(717) 697-7703 • (717) 532-8805 • F4x(717) 249-5988 • E-mail: mail@cehra.eom • wat¢cnh.• ^ March 9, 2005 Veronica Whitney 149 "A" Street Carlisle, PA 17013 Dear Ms. Whitney: HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND • Rental Housing for Families • Rental Housing for Elderly • Rental Housing for Persons with Special Needs • Rental Assistance Programs • First Time Homebuyer Programs • Supportive Services/Empowerment Programs We received your letter concerning your termination from the Section 8 Rental Assistance Program. This termination resulted from your failure to participate with Maranatha as stated in my letter to you of 1018(2004. Because you had been evicted from your unit at 165 W. North Street and the fact that your gas had been shut off due to nonpayment, you were in violation of your Family Obligations which is grounds for termination from the program. At the hearing we discussed the issues between you and Sterling Property Management. Because I could not determine that you were solely at fault, you were allowed to remain on the program with two conditions. Your new unit was subject to quarterly housekeeping inspections, which you have done. Because the unpaid gas bill was not the only time you were delinquent in your utility bills, we needed some assurance that this would not happen in the future. You and your attorney agreed to the condition that you must cooperate with Maranatha. You have refused to do so. I spoke to you on January 28, 2005, and I specifically told you that unless you worked with them, your assistance would be terminated. I have spoken to our attorney concerning any right you have to appeal this decision. Because this was a condition of your continued participation in the program, this issue is not subject to appeal. Your rental assistance will end as stated in Judy's letter to you effective April 30, 2005. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Carolyn E. Bair Exhibit "B" Rental Assistance Program Supervisor Cc: Blue Wolf Properties SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 • CARLISLE PA 17013-2445 Telephone/TDY (717) 249-1315 • (717) 697-7703 • (717) 532-8805 • Fax (717) 249-5988 • E-mail: mail@cchra.com • www.cehra.com CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, hereby certify that I am this 6i- day of April 2005, serving a copy of the foregoing Appeal From Determination Of The County Of Cumberland Denying participation in the Rental Assistance Program upon the Executive Director of the Housing Authority, Christopher Gulotta, by mailing a true and correct copy of the same to him at the following address by first-class U.S. mail, postage prepaid: Christopher Gulotta, Executive Director Housing Authority of the County of Cumberland 114 N. Hanover Street Carlisle, PA 17013 f S Geoffrey M. iringer MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID#18040 N G ;v .brn CrN rfl y C?. W J v -? N VERONICA WHITNEY, : IN THE COURT OF COMMON PLEAS Appellant :CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 05- CIVIL TERM HOUSING AUTHORITY OF THE COUNTY OF DAt7TM, APPEAL FROM LOCAL AGENCY Appellee DETERMINATION PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Veronica Whitney, Appellant, to proceed in forma ap_uperis. I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MIDPENN LEGAL SERVICES BY:' ?? -??ilhuv f-4 Geoffrey M. Biringer, Attorney for Appellant 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Supreme Court ID# 18040 n 4 ?t ! :'o 17? s _?_ tom? W -^s }. VS. _ In the Court of Common Pleas of Cumberland County, Pennsylvania No. ! C7 /0;ti ?Civil,?ig ?QS acs 1??tii1? To Prothonotary 19 Attorney forte No. Term, 19 vs. PRAECIPE Filed 19 Atty. VERIFICATION I verify that the statements made in this Appeal are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. Z4 Veronica Wh'r(ney, Appellant ?' ?, ? ?rn t: S??i .+?\ ?. r?r? r? ..: ?? `... ? ? ?' ?L-. 3` -?. RECEIVED APR 0 7 201 ? VERONICA WHITNEY, : IN THE COURT OF COMMON PLEAS OF Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05- CIVIL TERM HOUSING AUTHORITY OF THE . COUNTY OF CUMBERLAND, : APPEAL FROM LOCAL AGENCY Appellee : DETERMINATION ORDER AND NOW, this pTx day ofe?au 2005, upon consideration of the a.7 440ww (- Appeal filed in the above-captioned matter, it is hereby Ordered as follows: will be held before this Court on the day of r '?(2 2005, at 3y o'clock, 10 m., in Courtroom ? BY THE COURT: ct???? n1 i3 ' : is Z I Stii?l f_ 1 SHERIFF'S RETURN - REGULAR CASE NO: 2005-01812 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHITNEY VERONICA VS CUMBERLAND COUNTY HOUSING AUTH CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within APPEAL was served upon CUMBERLAND COUNTY HOUSING AUTHORITY APPELLEE , at 1415:00 HOURS, on the 14th day of April at 114 N HANOVER STREET CARLISLE, PA 17013 by handing to SANDY SMITH, SECRETARY ADULT IN CHARGE .o law, 2005 a true and attested copy of APPEAL togetherlwith DETERMINATION OF HOUSING AUTH and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before By me this day of A.D. s Prot onotary d' ?7 So Answers: R. Thomas Kline 00/00/0000 LS ty VERONICA WHITNEY, Appellant vs. (CUMBERLAND COUNTY (HOUSING AUTHORITY, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1812 CIVIL ORDER AND NOW, this 3 `a day of May, 2005, on request of counsel for the parties, in the above matter set for May 4, 2005, is continued generally. BY THE COURT, iffrey Biringer, Esquire the Appellant istopher Houston, Esquire the Appellee (1f9??19 *r. /!• 27 Curtis R. Long Prothonotary office of the i9rotbonotarp Cumberlattb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor s !? IB L . CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573