HomeMy WebLinkAbout15-0136 Supreme CO,.A ...: . ,ennsylvania
Con 'oGG&mo Pleas For Prothonotary Use.Only.
C' I ' het
Docket No:
CO- eriar�`"d County
6 -' 613 �
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
l@ Complaint ❑ Writ of Summons ❑ Petition
S Q Transfer from Another Jurisdiction ❑ Declaration of Taking
E'
C Lead Plaintiff's Name: Lead Defendant's Name:
Hanover Street Senior Apartments, L.P. Karl Wolf and Mary Ellen Wolf
T .
I . Are money damages requested? ❑Yes ❑ No Dollar Amount Requested: Qwithin arbitration limits
(check one) ❑outside arbitration limits
O
1v Is this a Class Action Suit? ❑Yes El No Is this an MDJAppeal? ❑ Yes IT No
A Name of Plaintiff/Appellant's Attorney: David A.Baric,Esquire
❑ Check here if you have no attorney(are a Self-Represented jPro Sel Litigant)
` Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
'`- TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑Intentional Buyer Plaintiff Administrative Agencies
X ❑ Malicious Prosecution Q Debt Collection:Credit Card Q Board of Assessment
❑ Motor Vehicle Q Debt Collection:Other ❑ Board of Elections
❑Nuisance Dept.of Transportation
[� Premises Liability Statutory Appeal:Other
' ❑ Product Liability(does not include
[3 Employment Dispute:
mass torr)
Discrimination
t ❑ Slander/Libel/Defamation
C; Q Other: ❑Employment Dispute:Other ❑ Zoning Board
❑ Other:
.T. -
:V ❑ Other:
MASS TORT
❑ Asbestos
N; ❑ Tobacco
❑ Toxic Tort-DES
❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
❑ Other: ❑Ejectment ❑ Common Law/Statutory Arbitration
B ❑ Eminent Domain/Condemnation ❑Declaratory Judgment
If ❑Ground Rent ❑ Mandamus
❑Landlord/Tenant Dispute Non-Domestic Relations
❑ Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto
❑ Dental Q Partition ❑Replevin
❑ Legal ❑Quiet Title ❑Other:
❑ Medical Q Other:
❑ Other Professional:
Updated 1/1/2011
i
HANOVER STREET IN THE COURT OF COMMON PLEAS OF
SENIOR APARTMENTS, L.P. CUMBERLAND COUNTY, PENNSYLVANIA
by and through ;
MP Development, LLC, ;
its general partners,
114 North Hanover Street : NO. (j'
Carlisle, PA 17013
Plaintiff
: IN EJECTMENT
V. ; m rn
KARL WOLF and co`-- {
CIVIL ACTION -<'-w -s o
MARY ELLEN WOLF
13 South Hanover Street, Apt. 201 '
E
Carlisle, PA 17013 ; ya
Defendants �'
• � cls
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 an 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
//s 75-
n r
HANOVER STREET : IN THE COURT OF COMMON PLEAS OF
SENIOR APARTMENTS, L.P. CUMBERLAND COUNTY, PENNSYLVANIA
by and through
MP Development, LLC,
its general partners,
114 North Hanover Street NO.
Carlisle, PA 17013 '
Plaintiff
V. IN EJECTMENT
KARL WOLF and CIVIL ACTION
MARY ELLEN WOLF
13 South Hanover Street, Apt. 201
Carlisle, PA 17013
Defendants
COMPLAINT
NOW, comes Plaintiff, Hanover Street Senior Apartments, L.P. by and through MP
Development, LLC, its general partners, by and through its attorneys, BARIC SCHERER LLC,
and files the within Complaint and, in support thereof, sets forth the following:
I. Plaintiff, Hanover Street Senior Apartments, L.P., is Pennsylvania limited
partnership, with an address of 114 North Hanover Street, Carlisle, Cumberland County,
Pennsylvania 17013.
2. Defendants, Karl Wolf and Mary Ellen Wolf, are adult individuals with a
residence address of 13 South Hanover Street, Apt. 201, Carlisle, Cumberland County,
Pennsylvania 17013.
3• Plaintiff is the owner of a certain residential real property known as 13 South
Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013 ("leased premises").
4• On or about March 26, 2008, the parties entered into a Residential Dwelling
Lease Historic Molly Pitcher Senior Apartments Agreement ("Lease Agreement") for the leased
premises. A true and correct copy of the Lease Agreement is attached hereto as Exhibit "A" and
is incorporated by reference.
Y
5. The Defendants are identified as the Tenants and the Plaintiff is identified as
Owner under the Lease Agreement.
6. After the initial one year lease term, the lease was renewed for additional
successive one month terms.
7. The Lease Agreement set rent at $625.00 per month during the term of the lease.
8• Item 4, Paragraph A of the Lease Agreement provides, "Payment of the full
amount of monthly rent and other charges when due is deemed to be a material term of this
Lease."
9• Item 4, Paragraph D of Lease Agreement provides, the maintenance and repair
charges "shall be due and payable the first day of the second month following the month in
which the charges occurred."
10. Item 8 of the Lease Agreement provides, that the Tenant shall comply with the
following:
C. To refrain from, and to cause Tenant's household and guests to refrain from
destroying, defacing, damaging or removing any part of the Premises or
Project.
D. To keep the Premises and such other areas as may be assigned to Tenant for
Tenant's exclusive use in a clean and safe condition. Tenant is also required to
keep stove and refrigerator clean and free from grease.
11. During Defendants tenancy there has been excessive physical damage to the
premises.
12. The damage caused by Defendants actions resulted in necessary repairs costing
$1,024.55 to complete.
13. As a result of the extensive damage to the premises, Plaintiff required Defendants
to execute an Agreement as attached hereto as Exhibit`B" and incorporated by reference.
14. On or about October 28, 2014, Plaintiff sent a letter and notice to Defendants of
the charges incurred by Plaintiff and of additional damages to the premises caused by
Defendant's after the prior repairs. A true and correct copy of the letter and notice is attached
hereto as Exhibit "C"and is incorporated by reference.
15. Defendants have failed to pay for the charges.
16. On or about October 8, 2014, Plaintiff sent notice to Defendants that it was not
renewing their lease.
17. On or about December 3, 2014, Plaintiff provided Defendants with a fifteen (15)
day Notice To Quit. A true and correct copy of the Notice To Quit and Affidavit of Service is
attached hereto as Exhibit "D"and incorporated herein by reference.
18. Defendants have failed to vacate the leased premises within the allotted time
period and continue to reside in the leased premises.
19. The Lease Agreement provides for the recovery by Plaintiff of all necessary legal
fees to enforce the provisions of the lease agreement.
20. Defendants owe repair charges in amount to be determined, attorney's fees of
$3,672.00 and court costs of$265.75 as of the date of this Complaint.
COUNT I- EJECTMENT
21. Plaintiff incorporates by reference paragraphs one through twenty-one as though
set forth at length.
22. On December 3, 2014, Defendants were served with Plaintiff's Notice to Quit.
23. Defendants refuse to vacate the premises after expiration of the applicable notice
period.
24. Defendants breached their obligation to pay repair charges for the leased premises
to Plaintiff.
25. Defendants breached their obligations to refrain from damaging or removing any
part of the Premises.
26. Defendants breached their obligation to pay legal fees to Plaintiff.
27. The term of the Lease Agreement has expired.
28. By virtue of Defendants breach of their obligations under the Lease Agreement
and by virtue of the expiration of the lease term, Plaintiff is entitled to possession of the leased
premises.
WHEREFORE, Plaintiff requests judgment in ejectment to be entered in its favor and
against Defendants and all others who may be residing in the premises together with costs and
expenses of this action including, but not limited to, attorney fees.
COUNT II—BREACH OF CONTRACT
FOR OTHER FEES AND CHARGES
29. Plaintiff incorporates by reference paragraphs one through twenty-eight as though
set forth at length.
30. As of December 18, 2014, Defendants owe repair charges in an amount to be
determined and attorney's fees and court costs.
31. Additional attorney's fees will be incurred by Plaintiff.
32. By virtue of Defendants' failure to pay the debt owed to Plaintiff, Defendants
have breached the terms of the Lease Agreement.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendants for any
additional charges for rent, other charges, legal fees and costs which may become due and
payable after December 18, 2014.
Respectfully submitted,
aBC;SCHE7RERC LL
David A. Baric, Esquire
I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
The statements in the foregoing Complaint are based upon information which has been
assembled by my attorney.in this litigation. The language of the statements is not m own
have read the statements; and to the extent that they are based upon ' y I
P information which I have
given to my counsel, they are true and correct to the best of my knowledge,
g , information and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §_ ,
4904 relating to unsworn falsifications to authorities.
DATE:
J dy Smith
Resident Manager
RESIDENTIAL DWELLING LEASE
HISTORIC MOLLY PITCHER SENIOR APARTMENTS
THIS AGREEMENT, made this 26rn
and between
Hanover Street Senior Apartments, day kn , 2008, b
Apartments, also known as the Historic Molly Pitcher Senior
(hereinafter referred to ase Tenant"). to as "Owner"),
t ) ) and Karl & Ma ellen Wolf
WITNESSETH:
WHEREAS, Owner does hereby desire to lease to Tenant a
nd from Owner, for its sole use and occupancy the premises,as her Tenant does desire to lease
at the Historic Molly Pitcher Senior Apartments (the "Project"hereinafter described, located
conditions as hereinafter set forth; and )� pursuant to the terms and
WHEREAS, Owner has designated the Redevelopment Aut
Cumberland as Owner's managing agent (the "Managingq ,hority of the County of
gen ),
).
NOW, THEREFORE, in consideration of the representations mad
to Tenant's household composition and income and in consideration
hereinafter reserved, intending to be le a to Owner by Tenant as
legally bound, the parties do hereby agree as f rental
all
1 PREMISES. Owner does hereby lease to Tenant for the to
the premises known and described to as follows (hereinafter term as hereinafter set
"Premises"): er referred t
fortho as
Dwelling Unit No. 201 at 13 South Hanover Street, Carlisle, PA 170
2. MEMBERS OF HOUSEHOLD. The members13.
Of occupancy, are as follows: of Tenant's household, having a right
Karl Wolf
Ma ellen Wolf
3• TERM OF LEASE. This Lease and Tenant's right of Occupancy
commence as of A 2008, and shall continue oro a year, providedI
ril 1
however, that in the absence of a notice to terminate, this Lease will auto
be renewed for the successive term of one(1)calendar month (hereinafterreferred
etia d
to as the"Month-to-Month Lease"), upon payment each month by the Tenant of the
rental in the amount and manner specified herein. in the event of any increase in
the monthly rent amount payable under the Month-to-Month Le
advance written notice shall be given by Owner to Tenant. ase, a thirty(30)day
1
EXHIBIT "All
After the initial year of occupancy, the Tenant may terminate this lease upon giving
notice to the other party of lease termination, with said notice to be given not less
than thirty (30) days prior to the fast day of the month upon which the lease
terminates.
4. PAYMENTS DUE UNDER THE LEASE.
A. R, ent. Rent for the period beginning April 1, 2008, and ending at midni ht
April 30, 2008, shall be Six-hundred-twenty-five Dollars $§2§.o 0 g
not later than March 1, 2008. Thereafter, monthly rent in(the amount of Six-
hundred twenty-five Dollars($_!2§_.00J shall be due and owing on or before
the first day of each month. Payment of the full amount of the monthly rent
and other charges when due is deemed to be a material term of this Lease.
A service charge of Twenty-Five Dollars ($25.00)will be charged for all rent
not paid by the fifth working day of the month.
B. Util_, 'ties. Owner agrees to furnish and provide all utilities. Notwithstanding
F
the foregoing, Tenant shall be responsible for tele hone & TV Cable.
i
C. Maintenance and Re g airs. A schedule of charges to Tenants for
maintenance and repair beyond normal wear and tear shall be available
upon written request to the manager of the Historic Molly Pitcher Senior
Apartments. Charges shall be due and payable the first day of the second
month following the month in which the charges occurred.
D. Security Decosit. Tenant agrees to pay Owner a security deposit of Six-
hundred-twenty -five Dollars ($625.0 , plus a E& Dollar. 50.00
deposit. The security deposit will be used by Owner at the terminationef he
Lease toward reimbursement of the cost of repairing any intentional or
negligent damages to the dwelling unit caused by the Tenant, his family or _
guests, or any rent or other charges owed by Tenant. Tenant's security
deposit is to be made upon lease signing.
5. ELIGIBILITY FOR OCCUPANCY. Tenant agrees to report any and all changes in
family composition or income to Owner in writing within ten (10) calendar days of
such change and to furnish accurate information to Owner annually at a time to be
set by Owner as to family income, employment, and family Composition. This
information shall be used for the use of Owner in determining whether the Tenant
remains income eligible to occupy the Premises. Tenant hereby authorizes Owner
to verify all sources of income.
6. OCCUPANCY. Tenant shall have the exclusive right to use and
of the
Premises. Guests or visitors of Tenant maybe accommodated forthe period asset
forth in the Tenant's Handbook and House Rules.
f
2
I
7• OBLIGATIONS OF OWNER. Owner shall have the following obligations
Lease Agreement: g blrgations under this
A. To maintain the Premises and the project in a decent, safe and nd sanitary
B. To comply with all applicable building and housing codes materially health and safety; affecting
C. To make the necessary repairs to the Premises;
D. To keep the facilities and common areas not otherwise assi n
Tenant, in a safe and clean condition; and g ed to the
E. To maintain in good and safe working order and condition all el
plumbing, sanitary, heating, cooling, ventilating, and other facilit es rand
appliances, supplied or required to be supplied by Owner.
8 OBLIGATIONS OF TENANT. Tenant shall comply with all of the Ten
ant obli
as set forth in Tenant's Handbook and House Rules,which are incorporat dghe herein '
by reference thereto. Tenant's failure to comply with Tenant's Handbook House Rules shall be deemed to be a material breach of this Lease Agreement.
and
Notwithstanding the foregoing and in addition thereto,the Tenant shall Agr Iment.
the following: comply with
A. Not to assign the Lease or sublease the Premises.
B. To conduct himself or herself and cause other persons who are on
the
Premises with Tenant's consent, to conduct themselves in a manner which
Peaceful
will not disturb Tenant's neighbors' '
accommodations. enjoyment of their ?C. To refrain from, and to cause Tenant's household and guests to refrain from '
destroying, defacing, damaging or removing an
Project. 9 y part of the Premises or
D. To keep the Premises and such other areas as may be assigned to Tenant
for Tenant's exclusive use in a clean and safe condition. Tenant is also
required to keep stove and refrigerator clean and free from grease.
E. To refrain from, and to cause Tenant's household and guests to refrain
from smoking cigarettes, cigars or pipes inside any area of the building,
including the tenant's apartment. i�
I
3
I
. i
F. To comply with any and all federal, State, or local laws that impose
obligations on the Tenant in connection with the occupancy or use of the
Premises.
G. To pay all necessary legal fees expended by Management for enforcement ,
of the provisions of this Lease Agreement. i
H. Tenant, any member of the Tenant's household, a guest or another person
under a Tenant's control, shall not commit any of the following types of
criminal activity:
1. Any criminal activity that threatens the health or safety of, or the right
to peaceful enjoyment of the Premises by, other residents (including
property management staff);
2. Any criminal activity that threatens the health or safety of, or the right
to peaceful enjoyment of the residences by, persons residing in the
immediate vicinity of the Premises;
3. Any violent criminal activity on or near the Premises; or
4. Any drug-related criminal activity on or off the Premises.
I. Tenant, any member of the Tenant's household or guest or other person
under the Tenant's control shall not abuse alcohol the effect of which would
threaten the health,safety or right to peaceful enjoyment of the Premises by
other residents.
J. A single violation of the provisions of Paragraphs 8H. and 81. shall be
deemed a serious violation and a material non-compliance with the Lease
and good cause for termination of tenancy. Unless otherwise provided by
law, proof of violation shall not require criminal convictions but shall be by
preponderance of the evidence. It is agreed and understood that Owner has
adopted a one strike, you're out or zero tolerance policy with respect to
violation's of Lease terms regarding criminal activity and abuse of alcohol that
impacts upon the health, safety, or right to peaceful enjoyment of the project
premises by other residents.
9. DEFECTS HAZARDOUS TO-LIFE HEALTH OR SAFETY. In the event the
Premises are damaged to the extent that the conditions are created which are
hazardous to life, health or safety of the occupants:
A. Tenant shall immediately notify Owner of the damage;
B. Owner shall be responsible for repair of the unit within a reasonable time;
4
provided, that if the damage was caused by Tenant, Tenant's household or
guests, the reasonable cost of the repairs-shall be charged to Tenant; and
C. Owner shall offer standard alternative accommodations, if available, in
circumstances where necessary repairs cannot be made within a reasonable
time, except if repairs are required if the damage was caused by Tenant,
Tenant's household or guests.
10. PRE-OCCUPANCY.AND PRE-TERMINATION INSPECTIONS.
A. Owner and Tenant or Tenant's representative shall inspect the Premises
prior to commencement of occupancy by Tenant. Owner shall furnish
Tenant with a written statement of the condition of the Premises,the dwelling
unit and the equipment provided with the unit. A statement shall be signed
by Owner and placed in Tenant's folder.
B. At the time Tenant vacates the Premises, Owner shall inspect the unit and
shall furnish Tenant with a statement of any charges to be made. Tenant ;
shall be responsible to pay for reasonable charges(other than for wear and
tear)for the repair of damages to the Premises, Project facilities or common
areas caused by Tenant, Tenant's household or guests. Owner shall notify
Tenant of the inspection and Tenant and/or Tenant's representative may join
in such inspection unless Tenant vacates the Premises without prior notice of
Management.
11. ENTRY OF PREMISES DURING TENANCY.
A. Owner shall, upon reasonable advance notification to Tenant, be permitted
to enter the dwelling unit during reasonable hours for the purpose of
performing routine inspections and maintenance, including extermination
services,for making improvements or repairs,or to show the Premises for re-
leasing.
B. Owner may enter the Premises at any time without advance notification
where there is reasonable cause to believe that an emergency exists.
12. PROCEDURES OF GIVING NOTICE.
A. Notice to Tenant shall be in writing and delivered to'Tenant or sent by
prepaid first-class mail, properly addressed to Tenant.
B. Notice to Owner shall be in writing and delivered to the Project Office or
Management Central Office or sent by prepaid first-class mail, properly
addressed to Owner.
5
13. PROCEDURES FOR TERMINATION OF LEASE.
A. Owner may not terminate or refuse to renew this Lease other than for
violations of the terms of the Lease and/or the Tenant Handbook and House
Rules, or for other good cause.
B. Owner shall give written notice of the proposed Termination of the Lease,
which shall state the specific reasons for the termination, and shall inform
Tenant of his or her right for a grievance hearing pursuant to the procedures
outlined in the Tenant's Handbook and House Rules. Notice shall inform the
Tenant of the right to request such a hearing within ten (10)calendar days of
receiving the original notice of intent to terminate the Lease. Notwithstanding
the foregoing, the Tenant shall have no right to request a hearing in cases
involving a termination of tenancy for an activity including but not limited to
criminal activity on or off the Premises by Tenant, any members of the
Tenant's household or guests or other persons under the Tenant's control
that threatens the health, safety or right of a peaceful enjoyment of the
project premises by other Tenants or employees of Management.
C. Upon expiration of the applicable notice period,as provided above,and upon
Tenant's failure to request a hearing, then the Owner may give notice to
vacate or quit which shall provide that:
1. In the case of failure of the Tenant to satisfy any rent reserved and
due, the notice shall specify the Tenant shall remove within ten (10)
days from the date of service of the notice; and
2. In case of breach of any of the conditions of the Lease, except for
payment of rent, the notice shall specify that Tenant shall remove
within fifteen (15)days from the date of service thereof.
14. GRIEVANCE PROCEDURE. All disputes concerning the obligations of the Tenant
or Management under this Lease shall be processed and resolved pursuant to the
grievance procedure as outlined in the Tenant Handbook and House Rules.
15, WAIVER. By failure to exercise any available right or remedy as is provided herein,
Owner shall not waive the right to do so at a later date for similar or other causes.
16. MODIFICATIONS. Any modifications to this Lease shall be accomplished by a
written rider to the Lease executed by Owner and Tenant.
6
ATTACHMENTS: TENANT HANDBOOK & HOUSE RULES
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
WITNESS HANOVER STREET SENIOR APTS., L.P.
By: REDEVELOPMENT AUTHORITY OF
THE COUNTY OF CUMBERLAND,MANAGING
AGENT
By
TENANT
/aJ
7
Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards
Lead Warning Statement
Housing built before 1978 may contain lead-based paint Lead from palm paint chips: and dust can
pose health hazards if not taken care of properly. Lead exposure is especially harmful to young
children and pregnant women. Before tenting pre-1978 housing, landlords must disdose the
presence oflvrown load-based paint and lead-based paint hazards in the dwelling Tenants must
also receive a Federally approved pamphlet on lead poisoning prevention.
essoes Disclosure(initial)
{a}. Presence of lead-based paint or lead-based paint hazards (check one below):
O. Known lead-based paint and/or lead-based paint hazards are present in the housing
(explain).
Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the
housing.
(b) Records and reports available to.the lessor(check one below):
Lessor has provided the lessee with all available records and reports pertaining to lead-
based paint and/or lead-based paint hazards in the housing (list documents:below).
Q Lessor has no reports or records pertaining to Iead-based paint and/or lead-based
paint hazards in the housing.
Lessee's Acknowledgment(initial)
{c Lessee has received copies of all information listed above.
c ) Lessee has received the pamphlet Protect Your Family from Lead in Your Home.
Agent's Acknowledgment(initial)
(e) Agent has informed the lessor of the iessoes obligations under 42 U.S.C.4582(d) and
is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their
Jcnowiedge, that the information provided by the signatory is true and accurate.
• essorDate, Lessor Date
Lessee Date Lessee Date
Agent Date Agent Date
Ay
We,Karl and Mary Ellen Wolf, understand that we are in violation of our lease agreement and that the
owner of the Historic Molly Pitcher Senior Apartments, is within their rights, based on our current lease
agreement, not to renew our lease. In an effort to work with management to correct the lease
violations and continue residency at the Historic Molly Pitcher Senior Apartments,we agree to the
following:
1. We agree to pay the estimate of damages($1,678.11) by April 15,2014. If repairs cost more
than the estimate,the balance must be paid within 14 days from date of billing. If repairs are
less than the estimate, management will refund the balance within 14 days.
2. We agree to remove excess clutter in the unit to allow ample space to move about the
apartment as a means of preventing further damages by April 15,2014.
r
3. We agree to remove the excess electrical connections.currently plugged into our outlets,which
are overloading the circuits in our unit,to prevent any-possible safety hazards by April 15,2014.
4. We agree to monthly inspections of our unit allowing management to inspect for damages and
any possible housekeeping/safety issues to insure safe and sanitary conditions. Management
will give at least a 48 hour notice prior to inspection.
5. We agree that if we cause any further damages to the unit or any common areas which would
exceed$100.00 in repairs(including labor), our lease will be terminated and we will be given a
30 day notice to vacate the unit. We, also,agree and understand that the costs of any damages
caused by us is our responsibility to pay within 14 days of billing.
6. We understand that we are on a month-to-month lease and if we fail to comply with any part of
this agreement,our lease will be terminated due to non-compliance of the lease terms as
originally outlined in the letter from the Hearing Officer dated March 20,2014. We also
understand that we will waive our right to another grievance hearing on the issues outlined in
this agreement only and referenced in the letter of March 20, 2014 from the Hearing Officer. If
we fail to vacate the unit after the 30 day notice of lease termination,management will follow
state and local landlord-tenant law in filing an eviction action with the local court that has
jurisdiction in such cases.
Karl Wolf Date
-�_6,L�
Mary Ellen If Date
41-
Bette J. Newcomer, Housing Management Director Date
EXHIBIT "B"
Historic Molly Pitcher Senior Apartments
Ewo"°mn GI:V
13 S. Hanover St., Carlisle, PA 17013
P 717-249-9800 F 717-249-9802
Providing Affordable Housing for Seniors Since November 2007
October 29, 2014
Karl & Maryellen Wolf
13 S. Hanover Street, #201
Carlisle, PA 17013
Dear Mr. & Mrs. Wolf:
Carl Souders, Maintenance staff, had completed all wall repairs in your apartment in June
2014. An inspection of your apartment was done during the months of July, August and
September. From these inspections, new damages have been found. There are now new scuff
marks on the walls, damages to drywall and most recently, corner beading is hanging loose from
the living room wall. These are all areas Carl made repairs to. These new damages are estimated
in excess of$100 to repair.
The repairs that were completed in June and materials that were purchased came to
$1,024.55. (Please find enclosed a current itemized list of repairs and material purchases). You
had not been charged for installation of the new doors and installation of the appliance parts since
it was at your request to keep these off to prevent new damages. The doors and appliance parts
are being kept in storage and will be installed when the time comes you move from the apartment.
Photos were taken September 30, 2014 that show the new damages. These damages are
in excess of$100 to repair. As you recall, you both signed an Agreement with the Housing and
Redevelopment Authority of Cumberland County which states if further damages occur, in excess
of$100 to repair, your lease would be terminated and you would be given a 30 day notice to
vacate. Once again, you are found in non-compliance of your lease as referred to in Section 8.0 of
the lease.
Due to the breach of the Agreement and violations of your lease, Management is
terminating your lease, effective November 30, 2014. You understand you are waiving your right
to another grievance hearing as referenced in the Agreement and the letter you received from the
Hearing Officer, dated March 20, 2014. If you fail to vacate your unit by November 30, 2014,
Management will begin eviction proceedings against you.
Once you have moved from the apartment and removed all belongings, Management will
make repairs and bill you for all charges incurred. These charges will come out of the money left in
your account of$653.56 and your security deposit of$625. If charges don't exceed $1,278.56, you
will be refunded the difference.
Sincerely,
Judy Smith
Resident Manager
i
Cc: Ben Laudermilch—Redevelopment Authority
Hanover Street Senior Apartments, Limited Partnership, Owner
A O' s Cumberland Senior Housing Associates, General Partner
Redevelopment Authority of Cumberland County, Managing Agent
EXHIBIT "C"
MEMORANDUM
DATE: October 28, 2014
TO: Karl & Maryellen Wolf #201
FROM: Judy Smith, Resident Manager
SUBJECT: Move Out Inspection
Upon vacating your unit, effective November 30, 2014, please be sure to clean the
apartment thoroughly. This includes, but is not limited to, cleaning the stove top, drip
pans and oven; cleaning the refrigerator and freezer; washing the kitchen & bathroom
floors; cleaning out cupboards to include wiping them down inside and out; cleaning out
all closets; cleaning the sinks; cleaning the tub/shower unit; and cleaning the toilet.
Also, be sure the window sills, the inside of the windows and the window blinds are
clean.
A pre-move out inspection will be conducted by maintenance staff on Monday,
November 17, 2014, two weeks prior to your moving out. A post- move out inspection will
be conducted by management once the keys have been turned in. Please be sure all keys
are turned in the day you move out. I would be more than happy to have you attend the
post- move out inspection. If you would like to be present for the move out inspection, you
must contact me so an appointment may be scheduled.
Historic Molly Pitcher Senior Apartments
13 S. Hanover St., Carlisle, PA .17013
L
P 717-249-9800 F 717-249-9802
Providing Affordable Housing for Seniors Since November 2007
AFFADAVIT OF SERVICE
I, the undersigned adult individual, having been duly sworn upon my oath state that I did
serve a copy of the attached Notice To Quit upon d-
the tenant(s), by personally placing one copy of the Notice To Quit on the Tenant's door(s)
at the leased premises,
On 04144UA . 2014 at 3 , _ a.m.
Se Tr
Subscribed and sworn to before me the Undersigned Notary Public
On �% day of 12014.
My c missi n x e
COMMONWEALTH OF PENNSYLVANIA �
Notarial Seal '
Jennifer S.Lindsay,Notary Public i
Carlisle Boro,Cumberland County
my Commisslan Expires Nov.29,2015
MEM®ild,PENNSYLVANIA ASSOCIATION OF NOTARIES
i
HOUSINGAND
" S Hanover Street Senior Apartments, Limited Partnership, Owner
Cumberland Senior Housing Associates, General Partner
Redevelopment Authority of Cumberland County, Managing Agent
EXHIBIT "D"
v
Q Historic Molly Pitcher Senior Apartments
WANW14 13 S. Hanover St., Carlisle, PA 17013
P 717-249-9800 F 717-249-9802
Providing Affordable Housing for Seniors Since November 2007
NOTICE TO QUIT
Name of Landlord: Hanover Street Senior Apartments, L.P.
Name of Tenants: Karl & Maryellen Wolf
Leased Premises: 13 S. Hanover Street, #201
Carlisle, PA 17013
Date of NOTICE TO QUIT: December 3, 2014
To: Karl & Maryellen
You shall have 15 days from the date of your receipt of this letter to vacate the
premises at 13 S. Hanover Street, Apt. 201, Carlisle, PA 17013. This eviction is based on
your failure to comply with the Agreement, signed March 31, 2014, pertaining to future
damages in the apartment and for non-compliance of your lease. Due to the breach of the
Agreement, you were given notice on October 29, 2014 to vacate your unit by November
30, 2014. As of today's date you have not moved from apartment#201.
Very truly yours,
Ju Smith
Resident Manager
HOUSING MID
r
AUTHOR 5 Hanover Street Senior Apartments, Limited Partnership, Owner I
Cumberland Senior Housing Associates, General Partner
Redevelopment Authority of Cumberland County, Managing Agent