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Home My WebLink About05-1911 DA W ANA ANDERSON, Appellant v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V A fA : No. 05- /911 CIVIL TERM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Appellee : 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, Dawana Anderson, pursuant to 2 Pa.C.S.A. !j752, appeals from a determination of the Housing Authority of the County of Cumberland terminating her participation in the Section 8 Rental Assistance Program, on the following grounds: I. Appellant, Dawana Anderson (hereinafter "Ms. Anderson"), is an adult individual residing at 351 Lincoln Street, Steelton, PA 17113. 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.!j!j551-555, 751-754, and with offices located at 114 N. Hanover Street, Carlisle, Cumberland County, P A 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. Teresa D. Mercer, is a Housing Representative 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, Cadis Cumberland County, P A 17013. 6. Ms. Anderson is a single parent with three children who has received rental assistance from the Housing Authority since December, 2002. 7. Following an informal hearing on March 3'd, 2005, the Housing Authority (letter attached as Ex. "A") terminated Appellant's rental assistance effective March 31 2005 for "failure to return paperwork, and for having someone living in the house, "not on the lease." 8. Appellant believes that she will be able to establish that she remains eligible fo rental assistance. 9. 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.S754, 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. A ward Appellant such other and further relief as this Court may de m reasonable and just. Respectfully submitted, MIDPENN LEGAL SERVICES By: ~h.J:' Geoffrey M. Biringer 8 Irvine Row Carlisle, P A 17013 (717)243-9400 Sup. Ct. ID#18040 ',' . HOUSING AUTHORI Y OF THE COUNTY OF CUMBE . Rental Housing for Families . Rental Housin for Elderly' . Rental Housing for Persons with Special Needs' . Rental Assistance Programs . . First-Time Homebuyer Programs . . Supportive ServiceslEmpowerment Pro ams' March 18,2005 Dawana Anderson 341 Farmington Drive Shippensburg, PA 17257 Dear Ms. Anderson: On March 3, 2005, an informal hearing was held on your termination from he Section 8 Rental Assistance Program. At this hearing we discussed two issues, our failure to supply paperwork to our office and the information indicating that Fontel Waddell was residing with you without authorization. After considering the information presented, I have decided to uphold your termination from the program. There is no question that you failed to return the requested paperwork. That in itself would not be sufficient reason to justify termin however. The additional violation of having someone live with you who is not on ur lease does justify this termination. Although Mr. Waddell uses his mother's addre s for mailing purposes, I feel that the evidence shows that he was actually residing with you. Your participation in the Section 8 Housing Choice Voucher Program will end as s ted in your original letter, March 31,2005. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Exhibit "A" Carolyn E. Bair Rental Assistance Program Supervisor Cc: . Geoffrey Biringer Farmington Manor SERVING CUMBERLAND COUNTY SINCE 1975 114 N. HANOVER ST. - STE. 104 . CARLISLE PA 17013-2445 Telephone/l'DY (717) 249-1315 '(717) 697-7703' (717) 532-8805' Fax (717) 249-5988' E-mail: mail@cchra.com . \ .cchra.com VERIFICATION The Appellant, Dawana Anderson, verifies that the statements made in the ab ve Appeal are true and correct. The Appellant understands that false statements herein a e made subject to the penalties of 18 PA C.S. S4904, relating to unsworn falsification t authorities. (' {f-a/it?<- Dawana Anderson, Appellant cl}~ Date: Cj - j(-/ - OS CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, hereby certify that I am this /fPaay of Apri 2005, serving a copy of the foregoing Appeal From Determination of the County of Cumberland Denying Participation in the Rental Assistance Program upon the Execut ve 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 pre id: Christopher Gulotta, Executive Director Housing Authority of the County of Cumberland 114 N. Hanover Street Carlisle, PA 17013 ~ 1. /) \/~/tl.a Geoffrey M. Biringer MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717)243-9400 Sup. Ct. ID#18040 " ....., 0 C~:') ~ ,;:;> "'n <':.(\ .--\ -". :::c.-T"\ ~0 rnp .,....; ~O\l1 - _;-)CJ .s;.- :..... 1 I.,,:\C~ , . -~, -~_J :'}rs U -:.>>~ r;.? :,<)\\1- \ .> r-,,') Ca. 0 DA W ANA ANDERSON, Appellant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLV NIA v. :No. 05- I q 1/ CIVIL TERM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Appellee : APPEAL FROM LOCAL AGENCY : DETERMINATION PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Dawana Anderson, Appellant, to proceed in forma pauperis. I, Geoffrey M. Biringer, attorney for the party proceeding in forma naum is. certify that I believe the party is unable to pay the costs and that I am providing f ee legal services to the party. MIDPENN LEGAL SERVICES BY: y;t---II~~ . /2VA Geoffrey M. Biringer, Attorney for Appellant 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 Supreme Court ID# 18040 -.:; ~ ~ _\ :C'"""l""l rf\ f"; _n,\r\ ~60 ;-~~~~.\ -~~~'" -.":W :~ ...' ~"? ~-::.;:< cf' 7 -<J -;::0 -- ~,- r-J r0 o ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-01911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON DAWANA VS HOUSING AUTHORITY OF COUNTY OF BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according 0 law, says, the within APPEAL FROM DETERMINATION was served upon HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND t APPELLEE , at 1005:00 HOURS, on the 15th day of A ril 2005 at 114 NORTH HANOVER STREET CARLISLE, PA 17013 by handing to JEANNE GILBERT, SECRETARY, ADULT IN CHARGE a true and attested copy of APPEAL FROM DETERMINATION together ith OF THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.70 .00 10.00 .00 31.70 So Answers: :;;;7""";0':1:::'''';''.0;:: 4~ R. Thomas Kline 00/00/0000 LS Sworn and Subscribed to before me this olo day of~ By: ~.) Sheriff c:9~~,,~ A.D. frJL"'~~_~ Prothonotary ~~ DA W ANA ANDERSON, Appellant v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05- 1 9/1 CIVIL TERM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, : APPEAL FROM LOCAL AGENCY Appellee : DETERMINATION ORDER AND NOW, this ;;IQ.! day of ~P[ l \, 2005, upon consideration of the Appeal filed in the above-captioned matter, it is hereby Ordered as follows: a de novo will be held before this Court on the 9' G~ o'clock, ~ m., in Courtroom 1ufJ d-. day of ~i) la13 ,2005, at BY THE COURT: / ;>:.r;:; o (0 '0: ,-I~- - ....,- '(:7, ~~~2 c(~> \~~YJ .w- dUd '--,-- ...-- U.~ o - ;;: ....::' c..=-: ,d,:;, "<e:: ~~:rr.' ~\~; <:.R.~ fuSb ~..'I'~ o . '._'-;~c_ -..;. 1 u.c- F --- -'- c.-...- - eJ <::',-;' Slr. \..(71 ~::::-' c:> ""' tl._ o CO') C'T ~ ~ .- Q:: ,r>,-::' f.'l::" <(!>:! ~ ~ en .....~.~, R. DAWANA ANDERSON, APPELLANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, APPELLEE 05-1911 CIVIL TERM AND NOW, this ORDER OF COURT '.2. &-- day of April, 2005, the motion of appellant to proceed in forma pauperis, IS GRANTED. ~ By th~, -- ~eoffrey M. Biringer, Esquire For Appellant ~ristopher Gulotta, Esquire I For Appellee ~ ~ :sal . Z 1:1 I" Ii '" n:>1'. V (<.~';j ~L;L ::to DAWANA ANDERSON, APPELLANT V. HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, APPELLEE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 05-1911 CIVIL TERM ORDER OF COURT qd- AND NOW, this day of May, 2005, following a de novo hearing, the determination of the Housing Authority of the County of Cumberland terminating Dawana Anderson from the rental assistance program, IS REVERS-ED;-" vGeoffrey M. Biringer, Esquire For Appellant ~hristopher Houston, Esquire For Appellee :sal )> By the Court, ~ CJ5 -9 -os .-"~'~ i......r "ens I" ','.1' - q :',t)l: ih ~. 1....30.. \'"n