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Home My WebLink About05-2638 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q<)~ ,;;1 "':3f" r ;.;..,j NOTICE OF APPEAL Notice is given that the appellant has flied in the above Court of Common Pieas an appaal from the judgment renderad by the District Justice on the date and in the case referenced below. -; MAG. OIST. NO. NAME OF O.J. . 4.-~ ~-l9.s \i. C\.~.r"\.U1 ~. ATE It-'O~r L~rrY ~;I\ A. Clr~tS " SIG~ ~~l~.:TORNEY OR AGENT \0-. -r;~(\or This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. RC.P.D.J. No. 1001(6) in action RC.P,D,J, No, 1008B, This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possessio in this case. (20) days after filing the NOTICE of APPEAL. honotaryorDeputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.CPD.J. No. 1001(7) in action before District Justice, IF NOT USED. detach from copy of nolice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enterruleupon __ Os-t..'norct (\Bfu~-\-.~ Name appel/oe(s) appellee(s), to file a complaint in this appeai (Common Pleas No. ~ ...z~ 36' (.~. ~__ ) within twenty (20) days a er service of rule or suffer entry of judgment ot non pros, :~tSct . ignatur(J of appellant Of attorney or agent RULE: To _Or\:. ~(\..Id ~. '~J ~ t~, appellee(s) Name of appeffe ($) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered maiL (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU, (3) The date of service of this rule if service was by mail is the date of the mailing. Date IYlelj 2-6,200.5 !hotlotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURl FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT {This proof of service MUST BE FILED VlI/THiN TEN (10) DA't'$ AFTER Ming of the noUce ot appeal Check /2Pp/JcabJe COMMONWEALTH OF PENNSYL VANIA COUNTY OF , ss AFFIDAVIT: ! hmeby (swear) (affirm) that I served o a copy of the Notice- of Appeal. Common Pleas No upon the Distnct Justice dO~'\9niJted (date of'service) ,20 by per::;ondl SBrVI(:f) (ccrtfie(j) sender's receipt attached hereto, and upon the appellee, (name) 20 by personal service LV :\\211i, sender's receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BFFORE ME THIS DAY OF ,20 SI!}J"j:J!llfoor;;i'fi:,ml Signatuu,. of official before whom affidavit was msdl) My commission expires on ,20 Q '" C) C:;:J C::.l -n en ~ '4 -",.. :::\1 ~) ?":~ 01;::;::;: f\ ~ ~ r-..; ~8,tf a ~ ~ ":e) ~ " ,"",' - - -r~ ":; (-.i "'- ill _... ~~_~n-I C' ~ ~ ';:-;:; ~ =< co :X'j t c.::, .< c.. \ ~ 0 AQPC 312A, 02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBBRLAND 09-1-01 NOTICE OF JUDGMENTITRANSCRIPT '~LAINTIFF RESIDENTI~~J:.c~~~s~ OIl.CKAlUl APARTMBBTS 2204 CEDAR RUB DRIVE CAMP HILL, PA 17011 L -, Mag DisL No MDJ Name Hon CHARLBS A. CLBMBHT, JR Address 400 BRIDGB ST OLDB TOWNE COMKORS -StrITB 3 RBW CUMBBRLAND, PA Telephone: (717) 774-5989 17070 .J VS. LAYLA L. PROCTOR 2201 CEDAR RUB DIl. APT/8TE D UT CAMP HILL, PA 17011 DEFENDANT: 'PROCTOR, LAYLA L 2201 CEDAR RUB DIl. APT/8TB D EXT ~ HILL, PA 17011 NAME and ADDRESS -, Docket No,: LT-0000260-05 Dale Filed: 5/03/05 .J - THIS IS TO NOTIFY YOU THAT: Judgment: POR PLAINTIPP [!] Judgment was enlered for: (Name) ORClIAIitD APARTIIBlIfTS o Judgment was entered against PROCTOIl., LAYLA L in a l.XJ LandlordfTenant action in Ihe amounl of $ 553.50 on 5/16/05 (Dale of Judgment) The amount of rent per monlh, as established by the Magisterial District Judge, is $ i2..00. 2..,L06 The total amount of the Security Deposil is $ .00 Total Amounl Established b'l MDJ Less' Securily Deposit ApQlied = Adjudicated Amount Rent in Arrears $ .58.00 - $ .00 = $ 458.00 Physical Damages Leasehold Property $ .00 - $ .00 $ .00 Damages/Unjust Detention $ .00 - $ .00 $ 00 Less Amt Due Defendanl from Cross Complaint - $ .00 Interest (if provided by lease) $ on UT Judgment Amounl $ 458.00 Judgment Costs $ 95 _ 50 Attorney Fees $ 00 Total Judgment $ 553.50' Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ o Possession granted if money judgmenl is nOl sallSlleo uy lime Or eVlcuon, o Possession not granted, 0 Defendants are joinlly and severally liable, o o [!J Attachment Prohibiled/ 42 Pa,C,S, ~ 8127 This case dismissed wilhout prejudice, Possession granted, 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 PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARVlCLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED, IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDEtlTlAl:LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WIT!:l''l'HE PRhTHO~OTARV/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ,,' , , " . THE PARTY FILING AN APPEAL MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRlPT FORM WlTH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL 0i9tRlcT JUOGES,IF THE JUOGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MOST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAV BE ISSUED BV THE MAGISTERIAL DIStRICT JUDGE., i :' UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERI$TED IN THE JU'oGM~NT MA V FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE J\lDGMENT DEBTOR PA VS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. '..,. MAY 1 6 2005Date certl y t at t IS IS a true an Date Mv commission expires first Monday of January, 2008, AOPC 315A.05 ~Q.~~ /". , Magisterial District Judge Ings containing t e JU grnent , Magisterial District Judge SEAL ""-_n'"':'~'.~ ., ~ '" ' Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL " "'~~~' " /. j '" (",:3~ c" ',J Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ~ MAG. OIST. NO. NAME OF D,J. C_~iH' LSl .:s f\. i~' ] ~I~ ~ODE j U 1\ 01 r: LCUy~lT~) ~ ; \ \ f\'....(.r-'\<'Y\ 0 1'-\" '" \ h).) i I \j\.~' .\' \,.;<-.... v vs t-_-.....,__ '\' SIGNATURE OF APPELLANT 0 ^-~ '--il- (" "'wJ \ . \-(\,~ . / If appellant was Claimant (see Pa. R.G.P.D.J. No. 1001(6) in action This block will be signed ONLY when this notation is required under Pa. R.C,P,D,J, No, 10088, This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. , " f ",-I"'.' '" .,'j,':, //.1 .'-. . '1' ,_ , ..... . Signature of lalhonotary or Deputy before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see PaRCPD,J, No, 1001(7) in aCtil,'t,efore District Justice, IF NOT USED, detach from copy of notice of appeal to be served upon appellee, PRAECIPE: To Prothonotary n \ " 1['" " Enterrule upon -.U Ie... Y$lf" ( , \ r )!}J \ \'Y\s.JY\,' ::. Name Or appel/ee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ,/1:5' r;ot.)" ~ /;> . (' .L LYLf ) within twenty (20) days a!ler sel'\(ice ot rule or suffer entry of Judgment of non pros /' .~j /;,: ll\Sd \ t s. appelle~~)j 1Slgnature of appellant or attorney or agent \ (' RULE: To OrC' hClfC \ 1 $Cl i I Name of appel/e+(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 ot service of this rule upon you by personal service or by certified or registered mail. (2) It you do not file a compiaint within this time. a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU, (3) The date of service of this rule if service was by mail is the date of the mailing. Date: r n 11j 2..CJ,20 (] 5 ~ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COllU Fft.-E PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (T/lis proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing of the notice of appeal, Check applicabie boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF (\.~..('C\ W l G-Q ; 55 AFFIDAVIT: I hereby (swear) (affirm) that I served o a copy of the Notice of Appeal. Common Pleas No ~~, upon the Dlstnct Justice deSignated therein on (date of service) \-\ D..L\, 2.6, 20 65 ' ~ personal service 0 by ~rlifled) (registered) mall, sender's receipt attac~ hereto, and upon the appellee, (name) l..n.u t G.... roc... t()~ ' on -r,. ^ n A , 2005 0 by personal service' ".Q) by (certified) (registered) mall, .)v-.......---U\ ,'-~ ___ ~,..Vni,c;d-~Y~~,__ ~ ~;~ Sjfi8flJre~affi8nt ?:::: ~:0 i~~. .~ N C) sender's receipt attached hereto. (SWORN),(AFFIRMED) At!Q..S" UB" S,CR1"B~, D, BEFO,pR,i7, E,ME THIS co( DAY OFY~ I 20 ~ ' c.-, VV ~~'(:p IU/. 'c My commission expires on A~ a 2006 -".,. -f'1 '--- L: --, -<: :;? tv -I ____"O'_"j Nc:t:-~l'Ia~ S.~c;l Oli_~' ~ \~c:' !'::';',~,;:-' F::lJjl~: 1 '~!~:;~~" t .~ ;;::,:;:,' "'i':~,:,~,~,~:_~;~~~t:,;~~;;:6~~~:~T f,(;'(:' AOPC 312A ' 02 ORCHARD ASSOCIATES, tld/bla ORCHARD APARTMENTS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 05-2638 V. : CIVIL ACTION -LAW LA YLA L. PROCTOR, Defendant 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 ar 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING 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. MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (800) 822-5288 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo par cualquier sum a de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE EST A OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (800) 822-5288 F:\HOME\CAZ\O-P\ORCHARD\PROCTER\NOTDEFD.WPD 2 ORCHARD ASSOCIATES, t/dlb/a ORCHARD AP AR TMENTS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2638 V. : CIVIL ACTION -LAW LA YLA L. PROCTOR, Defendant COMPLAINT AND NOW comes the Plaintiff, Orchard Associates, t/dlb/a Orchard Apartments by and through its attorneys, Cunningham & Chernicoff, P.c., and files this Complaint in Ejectment and Assumpsit and in support thereof avers as follows: 1. The Plaintiff, Orchard Associates t/dlb/a Orchard Apartments, is a Pennsylvania limited partnership which is registered with the Department of State and has a principal office located at 2204 Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Lay1a Proctor, is an adult individual who resides at 2201 D Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania. 3. At all times material to Plaintiffs cause of action, Plaintiff, Orchard Associates tldlb/a Orchard Apartments, has been the legal owner of the tract ofland on which the building in which the Defendant resides is sited. 4. On or about October 20, 2004, Defendant executed a Lease Agreement by the terms of which the Defendant leased from the Plaintiff a residential apartment, 2201 D Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania for an initial term beginning on December 1, 2004 and ending on December 31, 2004, after which initial term, the lease continued on successive terms for one (1) month. Defendant occupies an apartment unit which is subsidized under a federal housing program, generally known as the Section 8 Program. A true and correct copy of the Residential Lease Agreement for 220 I D Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania, is attached hereto, made part hereof, incorporated herein by reference and is marked as Plaintiffs Exhibit "P-I". 5. The Defendant agreed to abide by the following terms set forth in the Lease Agreement: 4. CHANGES IN THE RESIDENT'S SHARE OF THE RENT: The Resident agrees that the amount of rent the Resident pays and/or the amount of assistance that HUD pays on behalf of the Resident may be changed during the term of this Agreement if: a. HUD or the Contract Administrator determines, in accordance with HUD procedures, that an increase in rent is needed; b. HUD or the Contract administrator changes any allowance for utilities or services considered in computing the Resident's share of the rent; c. The income, the number of persons in the Resident's household or other factors consdidered in calculating the Resident's rent change and HUD procedures provide that the Resident's rent or assistance payment be adjusted to reflect the change; d. Changes in the Resident's rent or assistance payment are required by HUD' s re-certification or subsidy termination procedures; e. HUD's procedures for computing the Resident's assistance payment or rent changes; or f. The Resident fails to provide information on hislher income, family composition or other factors as required by the Landlord. The Landlord agrees to implement changes in the Resident's rent or the Resident's assistance payment only in accordance with the time frames and administrative procedures set forth in HUD's handbooks, instructions and regulations related to administration of multifamily subsidy programs. The Landlord agrees to give the Resident at least thirty (30) days written notice of any increase in the Resident's rent except as noted in Paragraphs 11, 15 or 17 of the Lease Agreement. The Notice will state the new amount the Resident 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 Resident that he/she may meet with the Landlord to discuss the 2 rent change. 13. GENERAL RESTRICTIONS: The Resident must live in the unit and the unit must be the Resident's only place of residence. The Resident shall use the premises only as a private dwelling for himself/herself and the individuals listed on the Certification and Re-certification of Resident Eligibility. The Resident shall not permit other individuals to reside in the unit until an application for tenancy has been submitted and approved by the Landlord.... 16. REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RECERTIFICATIONS: a. If any of the following changes occur, the Resident agrees to advise the Landlord immediately (within ten (10) calendar days of the date of the change). (1) Any household member moves out of the unit. (2) An adult member of the household who was reported as unemployed on the most recent certification obtains employment. (3) The household's income cumulatively increases by $200.00 or more a month... c. If the Resident does not advise the Landlord of there interim changes, the Landlord may increase the Resident's rent to the HUD-approved market rent. The Landlord may do so only in accordance with the time frames and administration procedures set forth in HUD' s regulations, handbooks and instructions on the administration of multifamily subsidy programs. d. The Resident may request to meet with the Landlord to discuss how any change in income or other factors affected his/her rent or assistance payment, if any. If the Resident requests such a meeting, the Landlord agrees to meet with the Resident and explain how the Resident's rent or assistance payment, if any, was computed. 6. HUD regulations define public assistance as income for the calculation of a tenant's share of the rent. 3 7. Defendant permitted an unauthorized individual(s) to reside in the apartment unit. 8. Defendant failed to properly provide to Plaintiff information regarding the receipt of public assistance as required by the Lease Agreement and HUD regulations. COUNT 1 - IN EJECTMENT 9. Plaintiff incorporates the allegations of Paragraphs 1 through 8 of the Complaint as if more fully set forth herein. lO. The Plaintiffs agent, Debbie Anstine, after a review of the Defendant's rental history, reached a decision to terminate the Defendant's Lease Agreement and/or not renew the Defendant's Lease Agreement for the following reasons: a. Defendant permitted an unauthorized individual to reside in the apartment unit in violation of Paragraph 13 of the Lease Agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23( c) and (d) of the Lease Agreement, Paragraph 8-13 ofHUD Transmittal 4350.3, REV-I, and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. b. Defendant's failed to provide information on family composition and income which is a violation of Paragraphs 4(f) and 16 of the Lease Agreement and the rules and regulations of the apartment complex, all of which represents an act of material non-compliance as defined in 4 Paragraph 23(c) and (d) of the Lease Agreement, Paragraph 8-13 ofHUD Transmittal 4350.3, REV-I, and the Fair Housing Act of 1937 ~ amended. 11. The Plaintiff has not defaulted in its responsibility to provide a habitable premises to the Defendant and is of the opinion and therefore avers that the premises being occupied by the Defendant are in such a state that they do not violate the implied warranty of habitability owed by the Plaintiff to the Defendant. 12. On February 24, 2005, the Defendant was properly served by the Plaintiff, at the Defendant's residence, with a Proposed Notice to Quit. The Proposed Notice to Quit was served in accordance with HUD Rules and Regulations and the Pennsylvania Landlord and Tenant Act. A true and correct copy of the Proposed Notice to Quit is attached hereto, made part hereof and is incorporated herein by reference as Plaintiffs Exhibit "P-2". 13. On March 9, 2005, the Defendant was properly served by the Plaintiff, at the Defendant's residence, with a Final Notice to Quit. The Final Notice to Quit was served in accordance with HUD Rules and Regulations and the Pennsylvania Landlord and Tenant Act. A true and correct copy of the Notice to Quit is attached hereto, made part hereof and is incorporated herein by reference as Plaintiffs Exhibit "P-3". 14. The Defendant, although requested to do so by the Plaintiff, has refused to surrender 2201 D Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania, to the Plaintiff and has since the time she received the Final Notice to Quit, continues to remain in possession of said apartment. 5 15. The Defendant's failure to provide information to Plaintiff regarding family composition and income and the Defendant's permitting an unauthorized individual to reside in the apartment unit represents good cause to seek the forfeiture and termination of the Lease Agreement. WHEREFORE, Plaintiff demands entry of judgment against the Defendant and in favor of the Plaintiff on the issue of material non-compliance with the terms of the Lease Agreement, Rules and Regulations of the apartment complex, Pennsylvania Landlord and Tenant Act and HUD Regulations; and Plaintiff further demands it be granted possession of 220 1 D Cedar Cliff Drive Extended, Camp Hill, Cumberland County, Pennsylvania, together with costs and interest. COUNT II - IN ASSUMPSIT 16. Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 through l5 of the Complaint as if more fully set forth herein. 17. Defendant's rent is subsidized by the federal government under a program commonly referred to as the Section 8 program and Defendant has in the past been a beneficiary of Housing Assistance and utility allowance payments. l8. Defendant in the month of November 2004 began to receive public assistance which is reportable as income pursuant to HUD regulations for the calculation of the Defendant's share of the rent. 19. Defendant, pursuant to Paragraph 16 of the Lease Agreement is required to report changes in household income, such as the receipt of public assistance, as Defendant's share of the rent is based upon the household's income. 6 20. Prior to obtaining public assistance, Plaintiff paid the Defendant the sum of $50.00 a month in the form of a utility allowance and Defendant owed no rent. 21. As a result of the Defendant's failure to report a change in her household income until April 2005, Plaintiff continued to issue and Defendant accepted and negotiated utility allowance checks in the amount of $50.00 a month. 22. In April 2005, Plaintiff became aware of the Defendant's receipt of public assistance since November 2004 in addition to an increase in public assistance due to a birth of a child and in accordance with HUD regulations recalculated Defendant's share of the rent. As a direct result of the recalculation of Defendant's share of the rent due to Defendant's receipt of public assistance, Defendant's rent, effective December 1,2004, was increased to $8.00 per month and, effective April 1, 2005, as a result of an increase in public assistance, was increased to $22.00 per month. Moreover, effective June 1, 2005, due to an increase in the Utility Allowance of$12.00 per month, Defendant's rent was decrease to $10.00 per month. 23. Defendant, as a result of the recalculation of her share of the rent, owes not only the rent of$8.00 per month effective December 1,2004 through March 2005 and rent of $22.00 per month effective April 1, 2005 through May 31, 2005; and rent of $10.00 effective June 1, 2005 through present but also the monthly late fee of $30.00 per month for the period of December 2004 through May 2005 pursuant to Paragraph 5 of the Lease Agreement together with reimbursement of the Housing Assistance and Utility Allowance checks of $50.00 per month for the period December 2004 through April 2005. 24. Defendant's current monthly rent is $10.00 but is subject to change. 25. During the pending ofthis litigation, rent will continue to accrue. 26. During the pending of this litigation, physical damage may be incurred to the 7 apartment unit. 27. As of the date of this pleading, the following rent, late charges and reimbursement of excess Housing Assistance and Utility Allowance payments are due and owing: (A.) Rent 1. December 2004 $ 2. January 2005 3. February 2005 4. March 2005 5. April 2005 6. May 2005 7. June 2005 Total $ B. Late Charges 1. December 2004 $ 2. January 2005 3. February 2005 4. March 2005 5. April 2005 6. May 2005 Total $ 8.00 8.00 8.00 8.00 22.00 22.00 10.00 86.00 30.00 30.00 30.00 30.00 30.00 30.00 180.00 C. Reimbursement of Housing Assistance and/or Utility Allowance Payments 1. December 2004 $ 50.00 2. January 2005 50.00 3. February 2005 50.00 4. March 2005 50.00 5. April 2005 50.00 Total $ 250.00 D. Credit Owed 1. May 2005 $ (38.00) Total (38.00) TOTAL OWED $ 478.00 8 WHEREFORE, Plaintiff demands judgment in favor of the Plaintiff and against Defendant in the amount of $478.00 together with costs and interest together with any rent, late fees and damages that may be incurred from the date of filing of the Complaint together to the conclusion of litigation together with cost and interest. ord D. Cunningham, Esquire 1. . #23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA l7106-0457 Telephone: (717) 238-6570 Dated: June L, 2005 F:\HOME\CAZ\O-P\ORCHARD\PROCTOR\COMPLAIN. WPD 9 VWFICATION I verify that tbe statemenlS contained in the foregoing are true and correct to the best of my knowledge, information and belief. 1 understand that fals~ statements herein are made subject to the rJcnaJties of 18 Pa. C .S.A. ~4904, relating to ur.sworn falsifi...~ation to authorities. Doted: ~~f LEASE AGREEMENT 1. PARTIES AND DWELLING UNIT: The parties to this Agreement are ORCHARD APARTMENTS referred to as the Landlord. and Layla Procter . referred to as the Resident. If more than one Resident is a party to this Lease. the Residents understand and agree that they are jointly and severally liable. The Landlord leases to the Resident Unit # 2201 D located at 2201 Cedar Run Dr. Ext.. Camp Hill, P A 17011 . in the Housing Development known as ORCHARD APARTMENTS The Resident acknowledges that only the following persons will reside in the unit as part of the Resident(s) household/family: Layla Proctor Nailah Gordon Any changes in the Resident's household/family must be immediately (within ten (10) calendar days) reported to the Landlord in accordance with Paragraphs 13 and 16 of the Lease Agreement. 2. TERM: The initial terms of this Agre~ment shall begin on December 1. 2004 and end on December 31. 2004 . After the initial term ends. the Agreement will continue for successive terms of Month to Month unless automatically terminated as permitted by Paragraph 23 of the Agreement. 3. RENT: The Resident agrees to pay $ N/A for the partial month ending on N/A After that. Resident agrees to pay a rent of S (- 50.00 ) per month. This amount is due on the ~ day of the month at Orchard's Rental Office The Resident understands that this monthly rent is less than the market (unsubsidized) rent due p-, on'this unit, This lower rent is available either because the mortgage on this project is subsidized by the Department of Housing and Urban Development (HUD) a.id'or because HUD makes monthly payments to the Landlord on behalf of the Resident. The a.rnount, if any, that HUD makes available monthly on behalf of the Resident is called the Resident Assistance Payment and is shov'n on the "Assistant Payment" line of the Cenification and Recertification of Resident Eligibility Form which is Attachmem ~o, 1 to this Agreement. 4. CHAl'iGES IN THE RESIDE:"iT'S SHARE OF THE RE:\T: The Resident agrees that the amount of rent the Resident pays and/or the amount of assistance that HUD pays on behalf of the Resident may be changed during the term of this Agreement if: a, HLiD or the Contract Administrator determines, in accorc2.:lce \\'ith HeO procedures, that an increase in rent is needed: b. HUD or the Contract Administrator changes any allo\\'2..nce :-or utilities or services considered in computing the Resident's share of the rent; c. The income, the number of persons in the Resident' s hous~hold or other factors considered in calc,ulating the Resident's rent change and HL-O procedures provide that the Resident's rent or assistance payment be adjusted to reflect the change; d. Changes in the Resident's rent or assistance paymen: a!'e required bv HUO's recertification or subsidy termination procedures; e. HUD' s procedures for computing the Resident' s assistance payment or rem changes: or f The Resident fails to provide infonnation on his/her inco:ne. f~'7lily composition or other factors as required by the Landlord. The Landlord agrees to implement changes in the Resident's :-e:-I; :!' Resident's assistance payment only in accordance with the time frames and adminisrrati',e ;,!'ocedures set forth in HUD's handbooks, instructions and regulations related to administration of multifarnily subsi2Y programs. The Landlord agrees to give the Residem at least thiny (30.1 .:ays wrinen notice of any increase in the Resident's rent except as noted in Paragraphs 11, : 5 or 17 of the Le2.s;? Agreement. The Notice will state the new amount the Resident is requi:-e.:. w pay, the date the new amount is effective, and the reasons for the change in rent. The ~o:ice \\ill also ad\'ise the Resident that he/she mav meet with the Landlord to discuss the rem chanQe. ~ - 5. CHARGES FOR LATE PAYMENTS AND RETUAA"ED CHECKS: Rent shall be payable in ad\'ance on the first day of each month. If the Resident does not pay the full amount of rent by the close of business on the Sh day of the month, the Resident will be .... ., delinquent and charged an administrative late fee in accordance with provisions of the Resident Handbook, which is an attachment and a part of this Agreement, The Landlord may tenninate this Agreement for norrpayment of rent, as explained in Paragraph 23 of the Lease Agreement. The charges discussed in this Paragraph are in addition to the regular monthly rent payable by the Resident. On the first or any additional time a check is not honored for payment, the Landlord rray coJlect a fee in accordance with the provision of the Resident Handbook which is an attachment and a part of this Agreement. On the first or any additional time a check is not honored for payment the Landlord may require rent to be paid by certified creck or money order. 6. COI\rnITION OF DWELLI:"G UNIT: By signing this Agreement. the Resident acknowledges that the unit is safe, clean and in good condition. The Resident agrees that all appliances and equipment in the unit are in good working order, except as described on the Unit Inspection Report which is Attachment 1"0. 2 to this Agreement. The Resident also agrees that the Landlord has made no promises to decorate, alter, repair or improve the unit. except as listed on the Unit Inspection Report. '. 7. CHARGES FOR UTILITIES A!\l) SERVICES: The follo\\ ing charts describe how the cost of utilities and services related to occupancy of the unit "ill be paid. The Resident agrees that these charts accurately describe tbe utilities and services paid b> the Landlord and those paid by the Resident. a. The Resident must pay for the utilities in Column (I) in a time I> manner to avoid shut off. Payments should be made directly to the appropriate utilit) company. The items in Column (2) are incl uded in the Resident's rent: (J) Put "X" by any Utility Resident Pavs Directh' Type of Utilit\' (2) Put "x" b: any Utility included in Resident Rent X Heat x Lights. Electric x Cooking \\' a ter :\ Other (Specify): Rubbish Remo\'al y Se\\'er y b. The Resident agrees to pay the Landlord the total charges in addi:ior1 to rent shown in Column (3) on the date the rent is due. The Landlord certifies that HUD has authorized himlher to collect the type of charges shown in Column (3) and that the amounts shown in Column (3) do not exceed the amounts authorized by HUD. " oJ (3) Show $ Amount Resident Pays to Landlord in Addition to Rent Parking s Other (Specify) s s Total Charges in addition to Rent: s None 8. SECL'RITY DEPOSITS: The Resident has deposi:d S 8~ .CfO with the Landlord, The Landlord will hold t:-::s securi"F; deposit for the pe:-:cl: :~le Resident occupies the unit. For the Resident's protection. it \,'ill be kept in a trustee' s securi:y deposit account at: Commerce National Bank, 1701 Route 70 East. Cherry Hill, New Jersey 08034 After the Resident has moved" from the unit. the Landlord will determine whether the Resident is eligible for a refund of any or all of the securiry deposit. The a.-nount of the refund will be detennined in accordance with the following conditions and procedUies: a. The Resident will be eligible for a refurid of the security deposit only if the Resident provided the Landlord with the 3D-day v.Titten notice of intent to mo\'e required by Paragraph 23, unless the Resident was unable to give the notice for reasons beyond his/her control. b. After the Resident has mo\'ed from the urut, the Landio:-.: \\.:;: :r.spect the unit and complete another Unit Inspection Report. The Landlor.: 'xil: ;:,e;-:-:;.it the Resident to participate in the inspection. if the Resident so requests. c. The Landlord 'will refund to the Resident t~e 2JT1ourn c: ~e security deposit (.Pl,"s interest) less the amount needed to pay the cost of the folkw:::g: (1) unpaid rent, (2) damages that are not due to normal wear and tear and are not listed on the Move-In Unit Inspection Report; (3) charges for late payment of rent and returned checks as described in Paragraph 5 of the Lease Agreement; 4 (4) charges for unreturned keys, as described in Paragraph 9 of the Lease Agreement; and (5) any other charges permitted in accordance v.ith applicable state and local laws. d. Interest on the security deposit will be computed at the applicable money market rate but not less than passbook, Resident understands that interest rates may fluctuate during occupancy and the interest zrlded to the security deposit will reflect these fluctuations as well as bank and/or administrative charges where applicable in accordance with applicable state or local laws. e. The Landlord agrees to refund the amount computed in Paragraph 8 c. of the Lease Agreement within thirty (30) days after the Resident has permanently moved out of the unit returned possession of the unit to the Landlord, and given his/her ne\\. address to the Landlord. The Landlord v.,ill also give the Resident a 'written list of charges that were subtracted from the deposit. If the Resident disagrees with the Landlord concerning the amounts deducted and asks to mee, with the Landlord, the Landlord agrees to meet with the Resident and informally discuss the disputed charges. f. If the unit is rented by more than one person, the Residems agree that they will \vork out the details of dividing any refund among themselves. The Landlord may pay the refund to any Resident identified in Paragraph 1 of this Lease .-\greement g. The Resident understands that the Landlord will not count the Security Deposit towards the last month's rent or towards repair charges owed by the Resident in accordance with Paragraph 11. 9. KEYS AND LOCKS: The Resident agrees not to install additional or different locks or gates on any doors or windows of the unit without the prior v.Tinen permission of the Landlord. If the Landlord approves the Resident's request to install such locks, the Resident agrees to provide the Landlord 'V.ith a key for each lock. 'When this Agreement ends, the Resident agrees to return all keys to the dwelling unit to the Landlord. 1:1 accordance with the provisions of the Residents Handbook, which is an attachment and a part of this Agreement. the Landlord may charge the Resident for each key rot rerurned. 10. MAINTENANCE: a. The Landlord agrees to: (1) regularly clean all common areas of the Housing De\'eio;:::.en:: (2) maintain the common areas and facilities in safe conditiQ:;: (3) arrange for collection and removal of trash and garbage: (4) maintain all equipment and appliances in safe and worki:-,g order: (5) make necessary repairs with reasonable promptness: (6) maintain exterior lighting in good working order; (7) provide eh"1ennination services, as necessary; and (8) maintain groUnds and shrubs. .; b. The Resident agrees to: (1) comply with all obligations imposed upon Resident by applicable provisions of building and housing codes materially affecting health and safety; (2) keep the premises and such other areas as may be assigned to the Resident for Resident's exclusive use in a clean, orderly and safe condition; (3) not liner the ground or common areas of the Housing Development; (4) promptly report to the Landlord any breakage, da.rnage. or need for repairs to the premises or equipment therein and prom;:)!ly report any unsafe or unsanitary conditions in the common area and grounds which may lead to damage or injury: (5) use all appliances, fixtures and equipment in a sefe ma:;""1er and only for the purpose for which they are intended; (6) not destroy, deface, damage or remove any pan of the unit common area, or housing development grounds; (7) remove garbage and other waste from the unit in 2. clean a.'1d safe maru1er: (S) comply with all present and future lav;s, orders 2.Ild regulations of all s:ate. federaL municipal and local governments, depa."'1mems, corrunissions, and boards regarding :he colle~tion. sorting, separa:ion, and recycling of waste products, garbage, refuse and trash. Resident shall SO:1 and separate items into categories as provided by law, and in accordance with the rules and regulations adopted by the Landlord for the sorting and separating of such designated recyclable materials. (9) Pay all co~ts, expenses, fines, penalties, or damages imposed on Landlord or Resident b~' reason of Resident's failure to comply with l:em (8) above. 11. DAMAGES: \Vhe ne\'er damaQ.e is caused bv carelessness. i7'.is'Jse, or neQ.liQence - ~ ' - - on the part of the Resident, his/her family. members of his/her household or \'isitors, the Resident agrees to pay: a. The cost ofal! repairs and do so within thirty (30) days after reee:?t of the Landlord's demand for the repair charges: and, b, Rent for the period the unit is damaged whether or not L'1e u:-,:: is habitable. The Resident understands that HUD will not make assistance payme:::s for any pe:-iod in which the unit is not habitable. For any such period, the Resi.:e:-,: agrees to pay the HUD-appro\'ed market rent rather than the Resident rent sho\\TI :"'-. Paragraph 3 of this Lease Agreement. 12. RESTRlCTIONS A~D AL TER.\ TIO:\'S: The Reside:-.: 2.~~~~: :2 .::omp]y \\i:~j the follo\\'ing and agrees to obtain Lan:ilord's \\Tinen permission for any e;.;ce;J:::::s: a. Supplementary electrical or open- flame space heaters or ar.y othe~ :evices are not permined. t: b. Park vehicles only in area designated by Landlord. Vehicles shall not be driven over curbs, walks, or lawns, or outside of regularly traveled driveways intended for such use. Vehicles must be in running condition with current inspections and current registrations to remain on the premises. Any motor vehicle not meeting these requirements may be removed by the Landlord within forry-eight (48) hours at the expense of the Resident. Repairing or overhauling of vehicles on the premises \\111 not be permined. Motorcycles, motorbikes or scooters shall not be stored in the dwelling unit. c. Resident shall not park trailers, boats, or campers on premlses. common areas or streets without prior written consent of Landlord. d. Resident shall make no changes, repairs or alterations to the premises and equipment and shall not use wallpaper, contact paper, adhesive hangers, tacks, nails, screws or any fasteners in any part of the premises except in a manner approved by Landlord. e. Resident shall not store hO'.lsehold or personal property outside the dwelling' unit. other than in designated storage facilities, without prior written permission from the Landlord. Attic and crawl spaces are not considered storage areas and shall not be used as such, as this prese:1ts a fire h'azard. f. Resident shall not have a water bed. g. Resident shall permit no combustible material te be kept on the premIses except routine domestic hqusehold products stored in approved containe:-s. 11. Resident shall not erect radio aerials or television antennas without the prior \\Titten consent of Landlord. 1. Resident shall not change or remove any part of the appliances, fixtures or equipment in the unit. J. Resident shall not install washing machines, dryers. freezers or a::--conditioner in the unit without consent from the Landlord. k. Resident shall not llse or operate any equipment or machinery th3.: :s h3.:-:nful E,the apartment unit or to residents of the apartment community. l. Resident shall not engage in any unlav.ful activities in the apart:7':e::: 0:- on the p;-emises of the apartment complex nor shall a Resident permit u:::?\\~; activities in the apartment or on the premises. m Resident understands and agrees that the Landlord does not pro\'i::e secu:it)' protection for the Resident, hislher family members, hislher gues:, h.is~'1ei vehicle or personal properry. 11. Resident understands and agrees that the Landlord IS Not !'esponsible for the following: 7 " (1) Damage or loss of Resident's property resulting from fue, wind, water, theft or otherwise (Resident understands that Resident is responsible for obtaining insurance covering personal household possessions.); (2) Damage or loss of Resident's property entrusted to Landlord's employees; (3) The loss or damage of Resident" s possession stored in storage rooms: (4) The acts of other Residents: (5) Property remaining in ine unit after the term of the lease, arcer the tenanc'y ends. or the possession of the unit is secured by legal process. Such property shall be considered abandoned and the Landlord can eithe r keep such property or have it removed at the Resident's expense. The Landlord agrees to provide reasonable accommodation to an othen....ise eligible residem's disability, including making changes to rules, policies. or procedures, and making and'paying for structural alterations to a unit or common areas. The Landlord is not required to pro\'ide accommodations that constitute a fundamental alteration to the Landiord's program or which \\'ould pose a substantial financial ar:d admini~trati\'e hardship. See the regulations at HUD :~ CFR Part 8. In addition, if a requested SlL1.lctural modification does pose a substantial iinanc;al and administrative hardship, the Land lord must then allow the resident to make and pay for t.,e modification in accordance with the Fair Housing Act. 13. GENERAL RESTRICTIONS: The Resident must live in the unit and the urjt must be the Resident's only place of residence. The Resident shall use the premises only as a private dwelling for himselflherself and the individuals listed on the Certification and Recertification of Resident Eligibility. The Resident shall not permit other individuals to reside in the unit until an application for tenancy has been submined and approved by the Landlord. a. The Resident shall not: (1) sublet or assign the unit. or any pan of the unit: C) have pets or animals of any kind in the unit without the p:-ior \\7inen permission of the Landlord, but the Landlord will allow the resident :0 keep an animal needed as a reasonable accoITlznodation to the resident's disabil:~.. 2-Dd will allow anim2.is to accompany \'isitors with disabilities who ;"lee: such animals as 2- accommodation to their disabilities: or (:) refuse the exterminc.tion seI"\'ices for rodent or insect i.L:..:-es:2.::or:: (4-) make or permit noises or acts that will disturb the rights or .::omfortS of neighbors. The Resident agrees to keep the volume of any radio, pho:1.ograph, television 0, musical insmunent at a level which will not disturb the neighbors; or (5) take any action or engage in any conduct which disrurbs the livability of the housing development or complex by adversely affecting the health or safety of ~ . any Resident or the right of any Resident to the quiet enjoyment of the leased premises and related facilities, interferes with the management of the premises, or that has an adverse financial affect on the Housing Development. (6) use the unit for unlav;ful purposes; (7) engage in or permit unlavdul activities in the unit, in the co::unon areas or on the Housing Development. b. In the event that. during :!1e term of the Lease, the Resident by reason of physical or mental impairment is no longer able to maintain the premises in a livable condition, or to care for hislher physical needs, or cannot make arrangements for someone to aid him/her in maintaining Li'1e premises in a livable condition or in caring for his/her physical needs. Lardlord may terminate this Lease. Landlord may terminate this Lease in accordance with Paragraph 23 provided a qualified third pany has been consulted and concurs and states the degree to which this impairmen! affects a Resident" s ability to maintain the p-emises in a livable condi:ion. Landlord may require the Resident to move but shall make every reason3.:,le effort to assist the Resident in finding other suitable accommodations. C. The Resident agrees that the Resident and members of the house::o!d must not engage in or permit: (1) any criminal activity, including drug-related criminal acti\'i:y. whether in the unit or elsewhere 00 or near the property; or (2) any other unlav..-iul activity in the unit or on or near the prope:-ry. d. With respect to drug-related criminal activity, Resident acknowiedges responsibility for the actions of himselflberself, all individuals listed on the Certification and Recertification of Resident Eligibility and guests while said indi\"iduals are within the confines of the Resident' 5 apartment or near the property. e. The Resident acknowledges that drug-related criminal 2.C:J\"l:Y i:lcludes but IS not limited to: (1) possession. usage, distribution. transportation, sale. :-:-:2.:;:":~2.:::.J.re or storage of illegal drugs and/or drug paraphernalia or: (:) conviction of violating any State or Federal laws re12::::g ::' ::1egal drugs andor drug paraphernalia. l.t RULES: The Resident agrees to obey the House Rules Resi:e::: Handbook, which is Anachment No.3 to this Agreement, The Resident agrees to obey additi:'::3.1 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 the safety, comfort and convenience of the Residents; and , b. The Resident receives wrinen notices of the proposed rules at least thirty (30) days before the rules are enforced. 15. REGULARLY SC~EDCLED RECERTIFICATIO:\S: hery year around the 1 sl da ~ 0 f 4u.j ~ -r . the Land lord wi 11 req u est th e Resid en! to report the ITicome and composition of the Resident's household and to supply aOlY other information required b) HLiO for the purposes of determining the Resident's rent and assistance payment. if any. The Resident agrees to pro\ide accurate statements of this information and to do so b) the date specified in the Landlord's request. The Landlord will verify the information supplied b) the Resident and use the \eriiied information to recompute the amount ofth:: Resident's rent and assistance payment. if an:. ... a, If the Resident does not submit the required recenification information by the date specified in the Landlord's request the Landlord may impose the following penalties. The Landlord may implement these penalties only in a~cordance with the administrative procedures and time frames specified in HUO's regulations, handbooks and instructions related to the administration of multifamily subsidy programs. (]) Require the Resident to pay the higher HUD-appro\'ed marke: rent for the unit (2) Implement any increase in rent resulting from the recertification process without providing the thirty (30) day notice otherwise required by Paragraph 4 of this Agreement. b, The Resident may request to meet with the Landlord to discuss any change in rent or assistance payment resulting from the recertification process, ]f the Resident requests such a meeting. rhe Landlord agrees to meet with the Resident and discuss ho\\ the Resident's rent and assistance payment. if any. were computed. c. The Resident understands that the processing of this annu::: recertification and appropriate lease addendum are required by HUD and. rhese ~e-1uirements do nor \\'aive nor abrogate the Landlord's rights pursuant to an:, rendi::g. current. or future e\iction action or pr0cess. 16. REPORTING CHANGES BET\\'EEN REGl-LARL Y SCHEDULED RECERTIFICA TIONS: 10 a. If any of the following changes occur, the Resident agrees to advise the Landlord immediately (within ten (10) calendar days of the date of change). (1) Any household memoer moves out of the unit. (2) An adult member of the household who was reported as LLl1employed on the most recent certificationire:ertification obtains employment. (3) The household's income cumul?tively increases by S200 01 mo~e a month. b. The Resident may repo:'! any decrease in income or any change in other factors considered in calculating the Resident"s rent. Unless the Landlord has confinnation that the decrease in income or change in other factors will last less than one month. the Landlord will verif) the infonnation and make the appropriate rent reduction. However, if the Resident's income will be paniall)' or fully. restored within two (2) mon'ths, the Landlord rr:ay delay the certification process until the new income is known, but the rent redt,;:tion will be retroactive and the Landlord may not evict the Resident for nonpaymer,: of rent dL.e during the period of the reported decrease and the completion of the certification-process. The Resident has thi,,: (3(1) days after receiving wrinen notice c,f any rent due for the above describec time period to payor the Landlord can evict fo~ nonpayment of rent. c. If the Resident does not advise the Landlord of these interim changes. the Landlord may increase the Resident"s rent to the HUD-approved market rent. The Landlord may do so only in accordance with the time frames and administrative procedures set fonh in HUD's regulations, handbooks and instructions on the administration of multifamily subsidy programs. d. The Resident may request to meet with the Landlord to discuss h0\\ any change in income or other factors affected hislher rent or assistance payment. if any. If the Resident requests such a meeting, the L~nd]ord agrees to meet with the Resident and explain how the Resident's rent or assistance payment. if any. was. computed. li. REMOVAL OF SUBSIDY: a. The Resident understands that assistance made available on his ne~ behalf may be tenninated if events in either Items 1 or :2 belo\\ occur. Termi;:.:::ion of assistance means that the Landlord may make the assistance available to z:io:her Resident and the Resident's rent will be recomputed. In addition, if the Resijenr"s assistance is tenninated because of criteria (1) below, the Resident will be ~e~'Jired to pay the HUD-appro\ ed market rent for the unit. 11) The Resident does not provide the Landlord with the info~:?tion Or reports required by Paragraphs 15 or 16 within ten (10) calendar days .::rrer receipt of the Landlord's notice ofiment to tenninate the Resident's assist.:::1:e payment. (2) The amount the Resident would be required to pay towards re;;: .::nd utilities under HUD rules and regulations equals the Family Gross Rent sho\\"7: on Attachment 1. II , b. The Landlord agrees to give the Resident written notice of the proposed termination. The notice will advise the Resident that, during the ten (10) calendar days following the date of the notice, he/she may request to meet 1.:."le Landlord to discuss the proposed termination of assistance. If the Resident requests a discussion of the proposed termination, the Landlord agrees to meet 'With the Resident. c. Termination of assistance shall not affect the Reside~t" s other rights under this Agreement, including the right to occupy the unit. Assistance may subsequently be reinstated if the Resident submits the income or N!1er da:::: required by HUD procedures, the Landlord determines' tbe Resident is :?ligible for assistance. and assistance is available. 18, RESIDElS'T OBLIGATIO:\' TO REPA \;: If :~e Resident submits false information on any application, cenirlcation or request for interim adjustment or does not repon interim changes in family income or other factors as required by Paragraph 16 of this Lease Agreement. and as a result. is charged a rent less than the amou::t required by HUD" s rent fonnulas. the Resident agrees to reimburse the Landlord for the difference between the rent he/she should ha\e paid and the reIlt he'she was charged. The :Zeside::, is not required to reimburse the Landlord for undercr-.arges ca<!sed solely by the ~:;"'ljlo;c:'s failure to fOlio\\ HLD's procedures for computing rem or assistance payment. 19. SIZE OF DWELLI1\'G: The Resident understands that HUD requires the Landlord to assign units according to the size of the household. If the Resider:: is 0:- becomes eligible f0r a different size unit. and the required size unit becomes available. the Residen, agrees to: a. Move within thirty (30) days after the Land lord notifies him~'1er that a unit of the required size is available within the project or; b. Remain in the same unit and pay the HUD-approved market ren'.. 20. ACCESS BY LANDLORD: The Landlord agrees to enter the unit only during reasonable hours, and to provide reasonable advance notice of his ~'1er ime:1t to enter the unit. except v..'hen or under emergency situations make such notices impossible or except as follows belov,:: a. The Resident agrees to permit the Landlord, his ~her age:::s. 0; c.:ner persons. \\hen authorized by the La.'1dlord. ,0 enter the unit for the pu...-pose 0:- making reasonable repairs. conducting periodic inspections, and pro\'iding ex:errnir,a:ion sen'lces. b. After the Resident has given a notice of intent to rno"\'e, t:.e Res:;::em 2.g:rees to pe:T:lil the Landlord to show the unit to prospective residents du:-i~g reasonable hours. c. If the Resident moves before this Agreement ends, the Lc.:1dlor: ::12.Y enter the unit to decorate, remodel, alter or othenvise prepare the unit for re-occu;:;ancy. 21. DISCRIMINATION PROHIBITED: The Landlord agrees not to discriminate based upon race, color, religion, creed, National origin, sex, age, familial S"...a:us, and disability. a12 \ 22. CHANGE IN RE~TAL AGREEME~T: The Landlord may, v.ith the prior approval of HUD, change the terms and conditions of this Agreement. Any changes will become effective only at the end of the initial term or a successive term. The Landlord must notify the Resident of any change and must offer the Resident a new Agreement or an Amendment to the existing Agreement. The Resident must receive the notice at least sixty (60) days before the proposed effective date of the cb..'1ge: The Resident may accept the changed terms and conditions by signing the new Agreement or the Amendment to the existing Agreement and returning it to the Landlord. Tne Resident may reject the changed terms and conditions by ~i\'in~ the Landlord wrinen notice :hat he/she intends to terminate the tenancy. The Resident - - - must give such notice at least tilL-ty !'30) days before the proposed cha.'1ge will go into effect. If the Resident does not accept the amended Agreement. the Landlord ffi2.Y require the Resident to move from the project. as provided i~ Paragraph 23. 23. TE~\.1I:SA TIO~ OF TE~A!"CY: a. To terminate this Agree::-:ent. the Residern must give the La.'ldlord thirty (30) days \lo,Tinen notice before mc,\'ing from the unit. If the Resident \"acates nrior to the expiration of the thirty l: ~'J day notice period, the Resident shall be liable for rent up to the end of the thiny 30) day notice ~riod or to the c3.!e the unit is re-rented. \\'hichever date comes fi~5i:. If the Resident does not gi\'e a :hirry (30) day notice. the Resident shall be liable fc-:- rent up to the end of the thirty (30) days for which proper notice was required Or to :he date the unit is re-rented, v.;hiche',er date comes first. b. Any termination of this ,.1,greement by the Landlord must be c2...'Tied out in accordance with HUD regulations, State and local law, and the terms of this Agreement. c. The Landlord may terminate this AQ:reement for the followim: reasons: - - - (i) the Resident's materia! noncompliance with the terms of ::::s Agreement: (2) the Resident's material failure to carry out obligations \l.1de:- any State Landlord and Tenant Act; or (3) drug related criminal activity engaged in on or near the p:-em:ses, by any resident. household member. 0:- guest. and any such acti\'ity engaged in on the premises by any other person unde:- the Residents control: (4) determination made b:,' the Landlord that a household me::::-e;" :s iI!egalty using a drug: (5) determination made jy the Lc.ndlord that a panem c:" i;;egal use of a drug interferes \\ith the health, safety, or right to peaceful en::::,~em of the premises by other residents; (6) criminal activity by a resident. any member of the resider,:"s :-:ousehold, a gues: or another person under the resident's control: 13 (a) that threatens t..'1e health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises) ; or (b) that threatens the health, safety, or right to peace:::: enjoyment of Lheir residences by persons residing in the immediate vicini~; of the premises; (7) if the Resident is fieeing to avoid prosecution or custody 0:- confinement after conviction, for a crime, or anempt to commit a crime, tha! is a felony under the laws of the place from \l,'hich the individual flees. or that i;: :~!e case of the St::.te of ~ev.; Jersey, is a high misderr:eaoor: (8) if the Resident IS violating a condition of probatio:-: or ~2.:-:!e under Federal or State law: (9) determination made b:. the Landlord that a househo;.: mer:l~er's abuse or pattern of abuse of alcohol threatens the health. safer:'. or r:f~t to ;:,eaceful e!'\i(lyme;-;~ of the premises by other residents: (10) if the Landlord dete:mines t~at the Resident. ar.:. :TIe;:-.~'e:- of the Resicerlt's household, a guest or another person under the Resi:e:1t's cC:-.:rol has engaged in the criminal activity. regardless of whether the Reside:::. c...1Y member of the Resident's household. a guest or another person under the Resident's control has been arrested or com'icted for such activity. d. The Landlord may' terminate this Agreement for other good cat..:.se, which includes. but is not limited to, the Resident' s refusal to accept change to t:-.:s Agreement. Termination for "other good cause" may only be effective as of the end of a.-.:, ::-.itial or successive term. The term material noncompliance with the lease includes: (1) o:":e or more substa:1.tial violations of the lease: en repeated minor" violations of the lease :.:"'2.t: (a) disrupt the livability of the housing de\'elopment, (b) adversely affect the hea::h or safety of any person or the right of any Resident to the quiet enjoymem of the ;e2.sed premises and related project facilities, (c) interfere with the management 0: the ;;:-C'ject. or (d) have an adverse financial effect on the project: (3) failure of the Re~ide:-.: ::' timely supply all required information on the income and composition, Co:- eli~:::::::, faCIO:-S. of the Resident's household (including, but not limited to, failure LO 17::e: :he disclosure and verification requirements for Social Security ~umbers, or :'ail'..l:-: :: sign and SU:'::1;t consent forms for the obtaining of wage and claim in::rma::::-. :r:m State Wag:> Information Collection Agencies). or to knowingly pro';i2e inc.::::;:.:lete or inaccurate information: and (4) non-payment of rent or any other financ:al 0: ::;a:ion due lL.'1der the lease beyond any grace period permitted under State law. Toe pa:<::ent of rent or any other financial obligation due under the lease after the due eEte :'.1: v,;thin the g7ace period permitted under State law constitutes a minor violation. e. If the Landlord proposes to terminate this Lease Agreement t:-:e Landlord agrees to give the Resident v.TInen notice of the proposed termi::atio::., :: ll-:1e Landlord is 14 I terminating this agreemem fo;- "other good cause" the termination notice must be mailed to the Resident and served to the Resident in the manner required by HUD at least thirty (30) days before the date the Resident will be required to move from the unit. l\otices of proposed termination for othe:- reasons must be given in accordance with any time frames set fonh in State and local 12."';. Any HUD-required notice period may run concurrently with any notice period required by State or local law. All termination notices must: 1. specify the date &.:s Lease Agreement shall be terminated; .., state the grounds f::- termination with enough detai) for the Resident to prepare a defense: 3. advise the Resider:: that he/she has ten (10) days within which to discuss the proposed termination of tenancy with the Landlord. The ten (l0) 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 no:ice is mailed. If the Resident requests the meeting, the Lardlord agrees to dis::'JSS the proposed termination \\'i~h Resident: and 4. ad\'ise the Residen: of his 'her right to defend the ac~ion in court. ." f If an e\.jction is initiated. :;-;e Landlord agrees to rely only L!.;Jon those grounds cited in the termination notx::e requirec by Paragraph (e). 24, HAZARDS: The Resident 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. I f the unit is damaged by fire', wind. or water to the extent that the unit cannot be lived in and the damage is not caused or made worse by the Resident, the Resident will be responsible for rent only up to the date of the destruction. Should the unit be deemed uninhabitable this Lease Agreement terminates as of the date of destruction. 25. PEJSAL TIES FOR SUBMITTING FALSE INFORMA TIO:": Knowingly giving the Landlord false infonnation regarding income', or other factors considered in determining Resident's eligibility and rent is a material norcompliance with the Lease subject to tennination of tenancy. In addition, the Resident could become subject to penalties available under Federal la\',:. Those penalties include fines up to S 1 0,000 and imprisonment fo;- up to fj\.e (5) years. 26. CO~TE:\TS OF THIS AGREEMENT: This Agreer:1en, ~;1d its Anachrnems ma:...;.e up the entire Agreement ber-l.:eerl the Resident and the Landlord reg2Iding the unit. If an:- Court declares a particular provision of this Agreement to be invalid or illegal. all other terms of th:5 Agreement will remain in effect 2.:1d bo:h the Landlord and the Residen, \\'il: continue to De bO'..L'1d by them. Failure of Landlord to insist upon the strict perforrnatlCe 0: any pro\'ision of this Lease or rules and regulations herein contained shall not be construe': as 2. \\'2.i\'er for the future of any such provision, rule or regulation. The receipt by Landlord of rent or the execution of HUD 50059 by the Resident with knowledge of the breach of any provision of this Lease and after a Proposed or Final Notice to Quit has been served, shall not be deemed a waiver of such breach. 1':; ]\;0 provision of this Lease sr.ali be deemed to have been wai\ ed unless su::h wai\er be i:: writing signed by Landlord. No payment by Resident or receipt by Landlo,d of a lesser amount than the monthly rent shall be deemed to be other than on account of the ea,liest rent then unpaid nor shall any endorsement or statement on any check or any letter a:::om?anying any check 0, payment as rent deemed an accord and satisfaction and Landlord may a:cept such check 0, payment without prejudice to Landlord's right to recover the balance of such rent or pursue an~ other remedy in this lease provided. and no waiver by Landlord in respecL !O one Resident sha!: constitute a waiver in favor of an: other Residert in the Housing De\'elopment. 2i. A TT ACHME~TS TO THE AGREEl\1E~T: The Re3:je:-.: :e:ci:ies that hes~l:: has received a copy of this Agreement and the following Attachme:::s !e this Agreement and understands that these Attachments are pan of this Agreement. . Attachment No.1: . Attachment No.3: Form HUD-50059. Cenificatior. '::':-Id Recer1i;i:ation uf Resident Eligibility Unit Inspection Repon House Rules and Regulations'R;;-:!jen: Handb.)ok ' . Attachment ~o. 1: 28. Resident's rights to organize: Landlord agrees to ak\'. R~~;den: and Residtr.: organizers to conduct on the propen: the acti\"ities related to the est:::::' S~r.l:::-'; or (;;Jeralic:n of a Resident organization set out in ac::ordance \" ith HUD requiremenl~ 29. Resident Income Verification: The resident must promptl) provide the Landlord with any Jetter or other notice by HUD to a member of the famil: that PiCl\ides information concerning the amount or verification of family income in accordance \\ith HLTD requirements. 30, The Lease Agreement ",,'ill terminate automaticall) :~- the Section 8 Housing assistance contract terminates for an) reason. 31. Signature: :;8~ \91~ lOt- Da e Sjgne~ '") ~;1tt' 5i~n~d 3, Date Signed LA~DLORD By: I (I -~;)..O . 01 Date Signed =IR-086 (7/03) 16 PROPOSED NOTICE TO QUIT TO: Layla Proctor 2201 D Cedar Run Drive Ext. Camp Hill, P A 17011 DATE: February 24. 2005 YOU ARE HEREBY NOTIFIED that as of this date. the Lease Agreement is being considered for termination because you have committed substantial and minor violation(s) of the lease agreement, applicable HUD regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Orchard Apartments, all of which constitutes "material non-compliance" which term is defined in the Lease Agreement. The substantial and/or minor violation(s) of the Lease Agreement are as follows: (I) Permitting unauthorized individuals to reside in the apartment unit. The incident is in violation ofParagraph(s) 13 of the Lease Agreement. and the rules and regulations of the apartment complex, all of which represents an act of material non- compliance as defined in Paragraph 23 of the Lease Agreement, Paragraph 8-13 ofHUD Transmittal 4350.3. REV-I, and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. (2) Failure to provide information on family composition and income. The incident is in violation ofParagraph(s) 4 f of the Lease Agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non- compliance as defined in Paragraph 23 of the Lease Agreement, Paragraph 8-13 ofHUD Transmittal 4350.3, REV-I, and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tel1ant Act. As a result of the above acts and actions, the landlord is of the opinion that you have breached the conditions of the Lease Agreement, rules and regulations of the apartment complex. and applicable HUD regulations, and have forfeited your right to continue possession of your apartment unit. p. L THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver . possession of, the leased unit you now occupy at the above address within thirty (30) days from the date of service of this Notice, but in no event later than April 30. 2005. In the event you remain in possession of the leased unit beyond April 30. 2005, the date specified for termination herein, and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the Lease Agreement and secure your removal from the leased unit only by initiating a judicial action as required by HUD Transmittal 4350.3, REV-I. Paragraph 8-13 and 8-l4. Ifajudicial proceeding for an eviction is instituted. you may at that time present a defense. The Department of Housing and Urban Development Regulations provide that you have ten (10) days within which to discuss this Proposed Notice with the landlord. You may discuss this Proposed Notice by telephoning the office. visiting the office, or by writing a letter. ORCHARD APARTMENTS BY~~ Debbl Anstine~anager Served this 24TH day of February 2005. ATTENCION: Si vd no entiende esta noticia por favor venga ha mi offencina y se 10 explicare. AFFIDAVIT OF SERVICE The undersigned does hereby verify that he/she served the Proposed Notice to Quit by one of the two methods set forth below: Personally handing the Proposed Notice to Quit to the tenant or an adult person answering the door at the tenant's apartment on the 24th day of February 2005; or x By posting the Proposed Notice to Quit on the tenant's front door on the 24TH day of February. 2005. (Method of service employed evidenced by checked box.) I understand that false statements herein are made subject to the penalties of l8 Pa. C.S.A. 94904. relating to unsworn falsification to authorities. ~~~ Deb . Anstine, Manager FINAL NOTICE TO QUIT TO: Layla Proctor 2201 D Cedar Run Drive Ext. Camp Hill, PA 17011 DATE: March 9, 2005 YOU ARE HEREBY NOTIFIED that as of this date, the Lease Agreement is being considered for termination because you have committed substantial and minor violation(s) of the lease agreement, applicable HUD regulations, provisions of the Pennsylvania Landlord and Tenant Act, and of the rules and regulations of Orchard Apartments, all of which constitutes "material non-compliance" which term is defined in the Lease Agreement. The substantial andlor minor violation(s) of the Lease Agreement are as follows: (1) Permitting unauthorized individuals to reside in the apartment unit. The incident is in violation ofParagraph(s) 13 of the Lease Agreement, and the rules and regulations of the apartment complex, all.of which represents an act of material non- compliance as defined in Paragraph 23 of the Lease Agreement, Paragraph 8-l3 of HUD Transmittal 4350.3, REV-l, and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and Tenant Act. (2) Failure to provide information on family composition and income. The incident is in violation ofParagraph(s) 16 and 4 f of the Lease Agreement, and the rules and regulations of the apartment complex, all of which represents an act of material non-compliance as defined in Paragraph 23 of the Lease Agreement, Paragraph 8-13 of HUD Transmittal 4350.3. REV-I. and the Fair Housing Act of 1937 as amended; and is a violation of the Pennsylvania Landlord and T~nant Act. As a result of the above acts and actions, the landlord is of the opinion that you have breached the conditions of the Lease Agreement. rules and regulations of the apartment complex. and applicable HUD regulations. and have forfeited your right to continue possession of your apartment unit. p- ' 3 THEREFORE, YOU ARE HEREBY NOTIFIED to remove from and deliver possession of, the leased unit you now occupy at the above address within thirty (30) days from the date of service of this Notice, but in no event later than April 30, 2005. In the event you remain in possession of the leased unit beyond April 30, 2005. the date specified for termination herein. and fail to deliver the possession of the leased unit to the landlord, the landlord can seek to enforce the termination of the Lease Agreement and secure your removal from the leased unit only by initiating a judicial action as required by HUD Transmittal 4350.3, REV-I. Paragraph(s) 8-4 and 8-13. If you fail to heed this Notice, and you remain in the leased unit beyond the date specified for termination herein, I shall be compelled to proceed against you as the law directs. To enforce the termination of the Lease Agreement, I shall be required to initiate ajudicial action as required by HUD Transmittal 4350.3, REV-I, Paragraph 8-4 and 8- 13. If a judicial proceeding for an eviction is instituted. you may at that time present a defense. ORCHARD APARTMENTS BY:.~~ Debbi(: Anstine, Site Manager Served this 91h day of March 2005. A TTENCION: Si vd no'entiende esta noticia por favor venga ha mi offencina y se 10 explicare. AFFIDAVIT OF SERVICE The undersigned does hereby verify that he/she served the Final Notice to Quit by one of the two methods set forth below: Personally handing the Final Notice to Quit to the tenant or an adult person answering the door at the tenant's apartment on the 9th day of March 2005~ or ~ By posting the Final Notice to Quit on the tenant's front door on the 9th day of March, 2005. (Method of service employed evidenced by checked box.) I understand that false statements herein are made subject to the penalties of l8 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. f11>k- (~d-;") Debbie Anstine, Site Manager CERTIFICATE OF SERVICE I do hereby state that on the 1:f:. day of June 2005, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Layla Proctor 2201 D Cedar Run Drive Extended Camp Hill, PA 17011 Angela L. ewitt Legal Secretary (.~ () ~.~: "',"..) c::~ <::,:;::> (.~,rl ~ ,-I I"""T1 mr_:: ~] 't:~j .~...:)~ (.I:> .:--~. -~: ~ L::: C) ~. (~,) ;~~--) :_~, ~;--~~ m :-.{ :;r,o~ C) :.< .- ORCHARD ASSOCIATES, : IN THE COURT OF COMMON PLEAS t/d!blal ORCHARD APARTMENTS,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO: 05-2638 CIVIL ACTION - LAW v. LA YLA L. PROCTOR, Defendant ANSWER The Defendant, by and through her attorneys MidPenn Legal Services and Jessica Diamondstone, Esquire, hereby sets forth as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. At no time has Defendant permitted an unauthorized person to reside in the unit. Defendant, has, from time to time, allowed a guest(s) to visit in accordance with the guest policy. 8. Denied. Defendant has at all times properly provided Plaintiff with information regarding the receipt of public assistance as required by the Lease Agreement and HOD regulations. COUNT I - IN EJECTMENT 9. No response required. 10. Denied. Defendant has no knowledge of the actions taken by Debbie Anstine and is without information sufficient to form a belief as to the truth ofthe averment, and demands strict proof thereof at trial. The remainder of this averment is denied for the same reasons as stated in Paragraphs 7 and 8 above. 11. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment, and demands strict proof thereof at trial. 12. Admitted. 13. Admitted. 14. Admitted, but denied that Plaintiff has a right to possession as set out in Paragraphs 7 and 8 above. 15. Denied. At no time has Defendant permitted an unauthorized person to reside in the unit. Defendant, has, from time to time, allowed a guest(s) to visit in accordance with the guest policy. Additionally, Defendant has at all times properly provided Plaintiff with information regarding the receipt of public assistance as required by the Lease Agreement and HUD regulations. WHEREFORE, Defendant prays that Plaintiffs Complaint be dismissed and judgment entered for Defendant. COUNT 11- IN ASSUMPSIT 16. No response required.. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted in part. Defendant advised Plaintiff of the change to her financial situation but Plaintiff failed to act on that infonnation and did not take the appropriate measures to stop the issuance of the utility checks. Defendant believed that if Plaintiff was continuing to issue the utility checks, despite notice of the change in her financial situation, it was appropriate for her to continue to accept and negotiate those checks. 22. Admitted in part. It is admitted that because of the public assistance, Defendant's rental obligations changed. It is denied that Plaintiff was not aware of this change until April 2005. 23. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment, and demands strict proof thereof at trial. 24. Denied. Defendant is currently paying $22.00 p{~r month into escrow to cover her monthly rental costs. 25. Admitted. 26. Denied. The only physical damage to the apartment unit that may occur is the reasonable wear that would be the responsibility of the Plaintiff. 27. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment, and demands strict proof thereof at trial. WHEREFORE, Defendant prays that Plaintiffs Complaint be dismissed and judgment entered for Defendant. Date: MIDPENN LEGAL SERVICES / BY:~~ Jessica Di ondstone, Esquire 8 Irvine R'ow Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 82214 VERI FICA TION The above-named DEFENDANT, LAYLA IFE PROCTOR, verifies that the statements made in the above ANSWER are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: It> / 'J-Q, /0'5 I I .f.~ ORCHARD ASSOCIATES, : IN THE COURT OF COMMON PLEAS tfd/b/a! ORCHARD APARTMENTS,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO: 05-2638 CIVIL ACTION - LAW v. LA YLA L. PROCTOR, Defendant Affidavit of Service I, Jessica Diamondstone, Esquire, hereby state that I served the enclosed Answer by depositing same in the first class, U.S. Mail, postage prepaid, and addressed as follows on June 29, 2005: Jordan D. Cunningham, Esquire 2320 North Second Street P,O. Box 60457 Harrisburg, PA 17106-0457 Jessica 'amondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 Sup. Ct. ID# 82214 (') 1'0> 0 = c: = " <'" <J"> -vir '- ~:n mtq c: ~7 ..,.. ;z: hi ~S~ N :89 ;~~r-< \.0 0 :1:'0 ,,;:: - " " r: _,., ~c 3 S,;?q ~c cY :i> ,-' <,o? ~ --I 'po "',,~ on 0 .<; - Q ORCHARD ASSOCIATES, : IN THE COURT OF COMMON PLEAS t/dIb/aI ORCHARD APARTMENTS,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO: 05-2638 CIVIL ACTION - LAW VI. LA YLA L. PROCTOR, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, LayIa Ife Proctor, to proceed in forma pauperis. I, Jessica Diamondstone, 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. /.:7 / ~7C Jessie Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 (") ..... 0 =- c: = -n s: = 'V~ <- ~::n c: 92-: z ~. ZC N :g~ ~;> u:> b r:::C,. -4_, :?C) -0 i?5:ii ~Cj ::l: -:;J'(') )>c.: w orn :z 'i>! :< N ~ 0 0)' :;<(;,38 c,"., I ORDER OF COURT AND NOW, ~/)JLL1M... '1 ,200~, in consideration of the foregoing petition, ~t!,_~~{_____________ Esq., and d,n l ' Esq" and captioned action as prayed f, By the Esq., are appointed arbitrators in the above GEQR@ijE + '2t!'-R..; PJ. ('0 pi e5 (l\O:l~oC -, ------- Ore. ~IL-J ASH,...iu, +#//;4 aJ,tli'i.4fJtt'ffl/t'nfs In The Court of Common Pleas of Cumberland Plaintiff . . County, Pennsylvania No. {)j-- ~ 66 B j., INU J. ?,..o<lo, Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office ~~ r::~(J< Signature Signature ;(;Cl111I(JJ E (~N,.;.cH' Name (Chainnan) IJfff,.J... /IlJRRt:.Ncf iNf'/J[/.4.. Law Fiim ./J,f lit rI ( (ftFF~ IL '1 Name / - - I Jdtki f9/,t{G~-- Signature j . V4A.liRII.i: .j , fito~/Il Name JqID/~.IiDiMa?c//../N/)5.1'f Law Firin Law Firm J.20:j 7t;at/(d 5;. d6 /J)~d M';ih $f,..ed Jt3b 7 ltla..rI!ef 9. Address Address Q Address {L"IJII./1 .~ /76// c.~rh)eA I7bJ3 (W1ctJ II/i/l? /7011 City, I Zip City, Zip City, I 'Zip #IOJ 13 ;p J:l'-lP.'1 ;J /,5(,:23 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following awar~: /'! (Note: If d:nag~s for delay are awarded, they shall be s9?,arately stated.) (j). W<L 6~ 0.... re",t a.."J. Ia..h. .fees fcClt- k,/i1fJ:F<<-nJ b -.J()~....-e,,'\- So'" e.jecT,lM-. ~ V'",,,,teJ.. Q...J GLCi~.e tO~ f)cJ6...'RSS/",^- t.. f ia.'I\.t-. ~ Date of Hearing: I/;;io /06 , , / /JbI06 . Date of Award: Notice of Entry of Award Now, the / fl day of ;;-~~ ' 20,x, , at 3'/;2 ,?., the above award was entered upon the docket and notice thereof ven by mal! to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ d7G)- "" By: Deputy ~\ ~ ~ ,0 ~ r '" 5:2'---> :, , ~, h ~- ~ __ "1\" .~ ----.... ~,..> "J --<. _.._~;> ,,--:>- ';> '1 '. 9- .->- " "" l..-\ .~, " , ~ ',-' \I: --- '" " J.-- ~, '~-:. ~ .'~ ~- -- -- ';M C> ~ .A" ~ '> ,~ ,~ "'" ~ ~ " ~ - C") (:;. ~~C) ~,) :- iJ -'t---'~ r--> ~ ~} 0' -rJ rn CJ:l I o -n j-!~ f'ilp -,10.', :;)'-..j '~ L __Iel -r:::~ "_:~(:~) ":~~n1 ':iJ .< --::"~ '-:? N . ORCHARD ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2638 V. : CIVIL ACTION -LAW LAYLA L. PROCTOR, Defendant PRAECIPE TO THE PROTHONOTARY: Enter judgment on the award of the arbitrators filed in the above matter on February], 2006, in favor of the Plaintiff and against the Defendant for the rea] property known and numbered as 220] D Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania, as the time for appeal has expired, assess damages in the amount of $468.00 and costs in the amount of$]83.00 in favor of the Plaintiff and against the Defendant. By: ' 10 an . . . #23 ~4 2320 North Second Street P.O. Box 60457 Harrisburg, PA ] 7106-0457 Te]ephone: (717) 238-6570 Dated: March 6. 2006 F,IHOMEIAHEWITI\DOCS\O-P\ORCHARDIPROCTORIPRAEClPE. WPDlfile no. 405305 . CERTIFICATE OF SERVICE I do hereby state that on the 1.2- day of March, 2006, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Layla Proctor 22010 Cedar Run Drive Extended Camp HilI, PA 17011 (' b' f ~ ~.-'- i '--7 \,~ ' '.! " \_---/ Angela L. Hewitt Legal Secretary ~~ \ =i- S ~ ~ ~ D ~ ~ . ~ r r -1A- ...c Q OJ P- ~ \ ',",. 4 ORCHARD ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2638 V. : CIVIL ACTION -LAW LA YLA L. PROCTOR, Defendant PRAECIPE TO THE PROTHONOTARY: Enter judgment on the award ofthe arbitrators filed in the above matter on February I, 2006, in favor of the Plaintiff and against the Defendant for possession of the real property known and numbered as 220 I 0 Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania, as the time for appeal has expired, assess damages in the amount of $468.00 and costs in the amount of$183.00 in favor of the Plaintiff and against the Defendant. By: ICOFF, P,C. on. unningham, Esquire . . #23 44 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Dated: March 16.2006 F:IHOMEIAHEWfTIiDOCSI0-P\ORCHARDIPROCTORIPRAECIP2, wpdlfile no, 405305 , ~ CERTIFICATE OF SERVICE I do hereby state that on the 1Ld~ay of March, 2006, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Layla Proctor 2201 D Cedar Run Drive Extended Camp Hill, PA 17011 Qu~~c; ngeYa L. Hewitt Legal Secretary 0 r-~ 0 = 'iA- c: .:;::;? -n 1- ~~. ~~ 7cJ o-.(J ::it -l -Q"C "if,:n t qft1": ~ " r- \) ':i:: f: -,:,(11 :.:::5 c.'J \) (f~ ,c a> .;'-:~~~) ~~';" J::: ~S::-~ -0 :;':~~Jti~ ..:t ~ 3' - ~"'::-, f'G 0 ::=\ VI ~ -? :p. ~ ::-,4 ~ -< \) V1 :E?- o -- .J.:- ~~~ \~ ~. \)S v , ~ ( 3~t \' \l.l ~f (' --..f: ORCHARD ASSOCIATES, tJd/b/a ORCHARD APARTMENTS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 05-2638 V. : CIVIL ACTION -LAW LAYLA L. PROCTOR, Defendant PRAECIPE FOR ISSUANCE OF WRIT OF POSSESSION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Possession against the Defendant and in favor of the Plaintiff in the above stated action, in accordance with the Award of Arbitrators, entered on February I, 2006 in the Court of Common Pleas of Cumberland County. A copy of said A ward is attached hereto, made part hereof, is incorporated herein by reference and marked Exhibit "P- I". Date: March 14.2006 By: Respectfully submitted, CUNNINGHAM / / .' ERNlCOFF, P.c. .D. #23144 2320 North Second Street P. O. Box 60457 Harrisburg, P A 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) F:\HOME\AHEWITT\noCS\o-P\ORCHARD\PROCTOR\WRITPOSS,WPD File No. 405305 Exhibit "P-l " ORCHARD ASSOCIATES, tJdlb/a ORCHARD APARTMENTS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2638 V. : CIVIL ACTION -LAW LA YLA L. PROCTOR, Defendant h_} PRAECIPE , --_1 TO THE PROTHONOTARY: (,: Enter judgment on the award of the arbitrators filed in the above matter onFeb~ (,': 2006, in favor of the Plaintiff and against the Defendant for the real property known and numbered as 2201 D Cedar Run Drive Extended, Camp Hill, Cumberland County, Pennsylvania, as the time for appeal has expired, assess damages in the amount of $468.00 and costs in the amount of $183.00 in favor ofthe Plaintiff and against the Defendant. By: ) Jo an . nmngham, Esquire . .#23 ~4 2320 North Second Street P.O. Box 60457 Harrisburg, P A 171 06-0457 Telephone: (71 7) 238-6570 Dated: March 6. 2006 F:\HOMEIAHEWITNlOCS\Q-PlORCHARD\PROCTOR\PRAECIPE. WPDlfile no. 405305 () c'" ~IL<J. Asm.:li. f/Jldt (},.J,4I'I .4jAff"'~.f.s In The Court of Common Pleas of Cumberland Plaintiff . . County, Pennsylvania No. {)j-. ~ {,.3 B j., fNU Ie . ;JrD';'''' Defendant Civil Action - Law. Oath We do solemnly swear (or affinn) that we will support, obey and defend the Constitution of the United States and the Constitution of this Conunonwealth and that we will discharge the duties of our office ~J Signature ~aIMJJ E GNP.cJ.J.' Name (Chairman) .iJrf/J... frlJRR'ifiof 6PNJfU- LawFmn / , - /;,rf/lti f9J1[~~-- Signature j , (j, JJ~lIftl{ (~~r~Ii't Name JI/ID/:!> JiDt.4ii?c1/'1JJ/)5.fY Law Firin I4A.liR'c- I. FltOlEfJ Name Law Firm J21;j ~t/M St. ;{6 /J)~t J.!,3~ Sf-fed . d80 7 1I7aAef Sf . Address Address Address C",,,//./I ,Iff 176// CAs/e,A. 17DJ3 /!u.n..IJ//,//l? /70/1 City, I Zip City, Zip City, / 'Zip # loJ7.3 It 1:l1{~'1 t-I/S{,:23 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affinned), make the following award: (Note: If damages for delay are awarded, they shall be sCRarately stated.) (j) /' W'L :it: "'J 0,.. I"e",t- a."j /<1..h.:fe es Yd,- !c.IM'Pf'4..,,) . ..jO~~"T .for e.~ec:t;"" ~"u.",-teJ. Q"J. a...()~R &J~ Pc)."4"~1 "'" ~ P h,,,'rS;F' Date ofHearing: IlJ~ J 06 , , Date of Award: I /02b/06 '~1~~~~1~' Notice of Entry of Award I Now, the / f day of 't: entered upon the docket and notice thereof ,20a. , at 3. '/.2 ,1'.., the above award was 'ven by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ::?fa-'" By: Deputy ,......". r--- (~\ '~..'> ~ -, " '," " ~ ~ ,~ " '. '" "- .:> D :'" so -- "- "' ~~ .,.,... ~. i..~ ---. -.." " .,..., .~\ ~~ ~ ---..;' ~~/;; '? ..... , " ~ ~ - ~':r_ ~ ~-, " -- " ~ , ' ..> .......' ,,;~) f> " ..- ~ ,-,- " ~ . ':J, " J.:-- <.".-. <-..... "" , ...." j.." ~, ,---::J = f2 ....' ~ ~, 0- -n "" 0:> 1 -' ~ ~~ rne, -i:1~~' :,J.....,.I C)i.- ~_\ c..l ~r<~: :':~i::cS .::~~nl );1 .-<: ....,. '-:? N CERTIFICATE OF SERVICE ft1 I do hereby state that on the W (lay of March, 2006, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: LayIa Proctor 220 I 0 Cedar Run Drive Extended Camp Hill. PA I70Il 50 Angela L. Hewitt Legal Secretary c (0, + If ~-~ " ) (J\ ( , Vi ('vI r 1 ( \ \)' (, LI 1\1 Ll ~ 1\ D 7ft --- ~ -- () -0 w N D ~ c; I - ~ - -J:: ~ ~ '- ~ ~ :{J,V? ~ 0z g g ~ G I J . - - 0~' ~ - ~ - b ~ ~;~?==- . --............ r'--.J () ,:_~ -n ~::. ::-~ .-{ ::;: -r" r-:l., :;J ; _, . C~ t"',) 0.) c:\ i" ,in (.'1 l0~b V~Dr ~ ~ cJ lA 1::.. . . ~ f L i: c. . t" 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD ASSOCIATES, T/D/B/A ORCHARD APARTMENTS VS. No. 05-2638 Civil Term. LA YLA L. PROCTOR 2201 D CEDAR RUN DRIVE EXTENDED CAMP HILL. P A Costs Attorney's Plaintiff's Prothonotary $ 103.25 $ $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) ORCHARD ASSOCIATES TID/B/A ORCHARD APARTMENTS being: (Premises as follows): 2201 D CEDAR RUN DRIVE EXTENDED, CAMP HILL, PA (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (5) and sell his/her (or their) i <--- anco~ Date MARCH 28, 2006 (Seal) By: Irene Morrow Deputy . 20f2 No 05-2638 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD ASSOCIA TES TIDIB/A ORCHARD APARTMENTS VS. LA YLA L. PROCTOR 2201 D CEDAR RUN DRlVE EXTENDED CAMP HILL, P A WRIT OF POSSESSION P.R.c.P. 3160-3165 ETC. Costs Att'y PIff (s1 Prothy Sheriff $ 103.25 $ $ 1.00 $ Plaintiff(s) attorney name and address: JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET P.O.BOX 60457 HARRISBURG, PA 17106-0457 I.D. #23144 717-238-6570 Attorney for Plaintiff(s) Where papers may be served By virtue of this writ, on the _ day of . I caused the within named , to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this Day of Sheriff . . Prothonotary By Deputy - _ /'ll \ . . .. ~ i ~ By virtue of this writ, on the _ day of , . I caused the within . to have possession of the premises described with the named appurtenances, and Writ of Po~~e~sion r!"turned STAYED this date per attorney.,' Swom and subscribed to before me this II "" ~';~M Sheriff's Return: Docketing 18.00 Surcharge 20.00 Pro thy 1.00 Poundage .78 39.78 So~ ~ ~..i ,--t: ~~ By -C~J OJ :S~~~~ ~~ Advance Costs: Sheriff's Costs: 150.00 39.78 110.22 . Refunded to Atty on 4/6/06 C:> (J-, )-:, (" "'" "<.) 1..-0 U<. j<3(.O 7 ,,- J'&v. 1'77 f:i. ~ " . , 20f2 No 05-2638 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORCHARD ASSOCIATES TID/B/A ORCHARD APARTMENTS ''''~ ,. VS. LA YLA L. PROCTOR 2201 0 CEDAR RUN DRlVE EXTENDED CAMP HILL, P A WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y Plff (s1 Prothy Sheriff $ 103.25 $ $ 1.00 $ Plaintiff (s) attorney name and address: JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET P.O.BOX 60457 HARRISBURG, PA 17106-0457 LD. #23144 717-238-6570 Attorney for Plaintiff(s) Where papers may be served By virtue of this writ, on the _ day of , . 1 caused the within named , to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this Day of Sheriff 4 ~ ~ , .. , 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORCHARD ASSOCIATES, TID/B/ A ORCHARD APARTMENTS VS. No. 05-2638 Civil Term_ LA YLA L. PROCTOR 2201 D CEDAR RUN DRIVE EXTENDED CAMP HILL, P A Costs Attorney's Plaintiff s Prothonotary $ 103.25 $ $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff ofCurnberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (pJaintiff(s)) ORCHARD ASSOCIATES TID/B/A ORCHARD APARTMENTS being: (Premises as follows): 2201 D CEDAR RUN DRIVE EXTENDED, CAMP HILL, P A (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) inte st therein. ounty~ Date MARCH 28. 2006 (Seal) By: Irene Morrow Deputy