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HomeMy WebLinkAbout87-0013ORCHARD APARTMENTS VS. MYKLE JONNSENN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. /~ CIVIL 1987 AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEEDIN FORMA PAUPERIS 1. My husband Mykle Jonnsenn is the defendant in the above matter and because of his financial condition is unable to pay the fees and costs of prosecuting or defending the action or proceeding. He is in the Dauphin County Prison at present for failure to pay traffic fines. 2. He is unable to obtain funds from anyone, including his family and associates, to pay the costs of litigation. 3. I represent that the information below relating to his ability to pay the fees and costs is true and correct~ to the best of my knowledge: a. Name: Mykle Jonnsenn Addre'ss: 2200 D Cedar Run Dr. Camp Hill, PA 17011 Social Security Number : ~ ~'7~ ~~~ b. Emp 1 o ymen t If you are presently employed, state Employer: unemployed Address: N.A. Salary or wages per month: Type of work: N.A. N.A. If you are presently unemployed, state Date of last employment: approx, s~rmm~r 1986 Salary or wages per month: unknown; TyPe of work: ~ccu~ity gu=~d ~-~c~ (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: NONE Dividends: Pension and annuities: Social Security benefits: Disability payments: Unemployment compensation and supplemental benefits: Work,art's compensation: Public Assistance: Other: (d) Other contributions to household support (wife)(husband) Name: N.A. If your (wife)(husband) is employed, state Employer: N.A. Salary or wages per month: Type of work: Contribution from children: Contribution from parents: Other contributions: (e) Property owned Cash: Non Checking account: None Savings account: Certificate of Deposit: None Real estate (including home) . . Motor vehicles: Mak~ Cost '~ Stocks; bonds: None Other: None ~g-~-2'~- otd Amount owed zero--value about ' ,~f"Oi~ f. Debts and obligations Mortgage: none Rent: none Loans: none Other: none g., Persons dependent upon you for support Wife/husband: not dependent Children, if any: Sedea, age 2 Other persons: none 4. I understand that he and I have a continuing obligation to inform the Court of improvement in his financial circumstances which would permit him to pay the costs herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unsworn falsification to authorities. Date: Petitione~ Orchard Apartments : VS. : Mykle Jonnsenn : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 13 Civil 1987 Terria Jonnsenn, being first duly sworn, states as follows: 1. The monthly rent for her husband Mykle Jonnsenn's apartment is zero due to its being federally subsidized housing. 2. This information is true and accurate to the best of her knowledge and belief, and this statement is signed under penalty of 18 Pa. C. S. 4904, relating to unsworn falsification to authorities. Date: erria Jonnsenn Orchard Apartments Mykle Jonnsenn : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 13 CIVIL 198~7 PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Mykle Jonnsenn proceed in forma pauperis. , ~~<i~) (Defendant~ to I, Carolyn L. Carter , 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 service to the party. The party's affadavit showing inability to pay the costs of litigation is attached hereto. Carolyn L. Carter 7 N. Hanover St. Carlisle, PA 17013 243 -9400 COMMONWEALTH OF PENNSYLVANIA ~or CO~J~T OF COMMON PLEAS Cumberland Comity JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON P~AS No. 13 Civil 1987 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT ' ~ ~ MAG. DIST. NO. OR NAME OF DJ = Robt. B. Fai DATEOF JUDGMENT - -~ ~- --~_,'-- ~N~S~ ~ ~lamtlff) ~ __ 12/1/86 . J ur~e--~p~t~nts M~le flonns~"'' TA 19 t'~ ~ -- ~arol~ L. CaCter, ~ L~. Hanover ~t., LT19 -z:~m~ e~ -. ~-~ Carlisle, PA 1701~ 243-9400 This block will b~, figne~ When t'his notation is required u~der Pa. R.C.P.J.P. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. ~008~. : .~ ~ '7 ~ ' ~ This Notice of Appeal, ~'~ received ,~y the District Justice, ~ill operate as a SUPERSEDEAS to the iudo~e~ for poss~ss on(n th s case f No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE ~O'ENTER'I~ULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon n~,~, ~.,a A~., ~.~-~-~n,~-a appellee(s), to file a complaint in this appeal (Common Pleas No. ~ 3 Civ ~1 1987 ) within twenty (20) days after service of rule o~ suffer entry of judgment of non pros. ~ ' ' i Signafur~ ~appellant or his oHorney or agent RULE: ~ ....... ~.~~ --~--~ appellee(s). ~ ~ ~~ppellee(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 ~gte 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 WILL BE ENTE~D AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. ~ ~ ~. ~/]~, -- Date: January 5, 1987 - (~.~ ~ ~ ~,"] ~ 4 /4 Signoture ot Prothonotary or Deputy AOPC 3~ 2- 80 COU.~ ]' [:'j ~.~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT /This proo'f of service MUST BE FILED WITHIN FIVE (5 DAYS AFTER filing the notice of appeal. Check applicable boxes, COMMONWEALTH O~F,~ENNSYLVANIA AFFIDAVIT: I hereby swear or affirm that I served '~;;~, a copy of the Notice of Appeal, Common Pleas No.~,~ -(V~' I ~','u~on The District Ju,,t,c~.~ ae~gr~.atecl:tt~er.ein ~n (date of service ~ ~ ? , 19~ _"[~'~ ~ ~/bY per~onal se;vice ~y__ ~.. ~~e~tff~ed'~reg~stered': m~J, sender's rece pt attached hereto, and upon the appel ee (name~ U-IC~'~- A~~~! ..... on j ' ~ . 19 ~,~ ~ by persona serv*ce r~by (cert,fied~ Cregiste"red~ mail Dt~c~ched hereto ~nd furthe~ that I served the Rule to File a C plaint accompanying the above Notice of ~pc.c~ u~on ~he a~e~lee~s~ to whom the Rule was 'addressed on . 19~,~-]by ~ersona] service ~y cerh~?d re~:.stered mail, sender's receipt attached hereto. SWORN ~AFFIRMED) AND SUBSCRIBED BEFORE ME - f-~ ' -~: ' ' THIS .DAY OF 19 Signolure at affiant Signature of official before whom affidavit was made Title of official My commission expires on . , 19~ . ~ ]::)IAII3S Zdl]::):lll Nlli'Ll.]ll ,~ ~r...)~ S:]:lJIlOJ a:g.LSViN.L$Od LlflSNO:) 9,,~6T 'Jd¥ '00~ u~,so.g ff~l ' tN THE O/IRT OF CCI~DN pLEAS OF C%/~BERI2~D COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 13 CIVIL 1987 APAR~I~TS, Plaintiff vs. MYKLE JONNSENN, Defendant CERTIFICATE OF SERVICE CAROLYN L. CARTER Attorney-at-Law I~GAL SERVICES, INC. 7 North Hanover Street PA 17013 243-9400 ORCHARD APARTMENTS, Plaintiff vs. MYKLE JONNSENN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 13 CIVIL 1987 CERTIFICATE OF SERVICE I certify that on the 2nd day of March, 1987, I served a copy of the foregoing Motion to Withdraw as Counsel upon Earl L. Harris, 19 North 4th Street, p. O. Box 1204, Harrisburg, Pennsylvania, 17108, and upon Mykle Jonnsenn, 2200 D Cedar Run Drive, Camp Hill, Pennsylvania, 17011, by U. S. mail. LEGAL SERVICES, INC. 7 North Hanover Street Carlisle, PA 17013 (717) 243-9400 Attorney for Defendant IN THE COURT OF CGMMON PI,FAS OF CUMBF_PJ_AND COUNTY, PENY~SYLVANIA NO. 13 CIVIL 1987 CIVIL ACTION - LAW ORCHARD APAR%/VK~TS, Plaintiff VS. ~xffKLE JONNSENN, Defendant MOTION TO WITHDRAW AS COUNSEL CAROLYN L. CARTER Attorney for Defendant Lt~LAL SERVICES, INC. 7 l~rth Hanover Street Carlisle, PA 17013 (717) 243-9400 ORCHARD APARTMENTS, Plaintiff vs. MYKLE JONNSENN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13 CIVIL 1987 : CIVIL ACTION - LAW ORDER AND RULE TO SHOW CAUSE AND NOW, this ~' day of February, 1987, a Rule is entered on the Plaintiff and on Mykle Jonnsenn, to show cause why Carolyn L. Carter should not be allowed to withdraw as counsel as prayed for in the attached Motion. Rule returnable within ten (10) days of service of this Rule and the Motion to Withdraw as Counsel. By the Court, ORCHARD APARTMENTS, Plaintiff vs. MYKLE JONNSENN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13 CIVIL 1987 : CIVIL ACTION - LAW MOTION TO WITHDRAW AS COUNSEL Carolyn L. Carter hereby moves to withdraw as counsel for Defendant Mykle Jonnsenn in this matter because of the Defendant's failure to communicate with counsel and for other reasons that cannot be disclosed because of the attorney-client privilege. Wherefore, Defendant's counsel prays this Court grant an order allowing her to withdraw as counsel. Respectfully submitted, LEGAL SERVICES, INC. 7 North Hanover Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION I, Carolyn L. Carter, verify that the statements in the foregoing motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904, relating to unsworn falsification to authorities. Date Carolyn L. Carter Edwards & Harris P. O. Box 1204 Harrisburg, PA 17108 717/233-3388 ORCHARD APARTMENTS Plaintiff vs. MYKLE 30NNSENN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 13 , 1987 : : CIVIL ACTION - LAW : NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without~you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOPD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT.WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE South Hanover & East High Streets Carlisle, PA 697-0371 N O T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derecbos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELE~ONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE South Hanover & East High Streets Carlisle, PA 697-0371 ORCHARD APARTMENTS MYKLE JONNSENN Plaintiff : : v. : : : : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 13 , 1987 CIVIL DIVISION - LAW C 0 M P L A I N T The Plaintiff, by its attorney, Edwards & Harris, brings this action against the Defendant to recover possession of apartment 2200-D Cedar Run Drive, Camp Hill, PA 17011. 1. The Plaintiff, ORCHARD APARTMENTS, is an entity organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 2204 Cedar Run Drive Extended, Camp Hill, Pennsylvania 17011. 2. The Defendant, MYKLE JONNSENN, is a person with whom Orchard Apartments entered into a Residential Lease Agreement on August 22, 1986 (see attachment "A") for the purposes of occupying apartment number 2200-D located at Cedar Run Drive Extended, Camp Hill, Pennsylvania 17011, in the project known as ORCHARD APARTMENTS. 3. On October 10, 1986, the then manager of Orchard Apartments, Cheryl Foutz, was informed by the management staff of Harrisburg Park Apartments that Mykle Jonnsenn had an apartment in their complex and had said apartment since August 1986. This violates Section 23 b. (1) (2) and (3) of the Residential Lease Agreement. 4. It is also our belief that the minor child, SA' dyya Jonnsenn, either is not or has not resided at apartment unit 2200D Cedar Run Drive, which is contrary to what was averred in DefendantJs Initial Application (see Attachment "B"). This violates Sections 4, 16a (1), Section 17 a (1), 18 and 23b. 5. Mykle Jonnsenn agreed pursuant to Section 7 of the Residential Lease Agreement to pay for the utilities of heat, light/electric, cooking, phone and cable. He violated Section 13(h) of the Residential Lease Agreement by failing to notify U.G.I. to place the service in his name. After oral warnings on September 4, 1986, September 24, 1986 and September 30, 1986, eviction was initiated against Mykle Jonnsenn. 6. Notice to Quit the Apartment 2200D was given on October 10, 1986 (see Attachment "C"). 7. The lease is terminated for the reasons set forth in Paragraphs 3,4, 5 and 6 of this Complaint. 8. The Defendant has refused to surrender the leased premises. 9. Orchard Apartments avers that to the best of its knowledge, information and belief the averments set forth in the Complaint are true and correct. WHEREFORE, Plaintiff brings this suit to recover from Defendant possession of apartment 2200D Cedar Run Drive Extended, Camp Hill, PA immediately. EDWARDS & HARRIS //~ttorney ~o~ 'Plaintiff STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: : Personally appeared before me, a Notary Public in and for said State and County, TONYA BASTRESS, who, being duly sworn according to law, deposes and says that she is the Project Manager of Orchard Apartments, Plaintiff in the foregoing Complaint, and that the facts set forth in said Complaint so far as they are within her personal knowledge are true and correct, and as to facts based upon the information of others, she believes them to be true and correct. Swern to and subscribed before me this twenty-ninth day of January, 1987. Nancy N.~rris NANCY N. HARR~, Nofary Public HarrisSurg, Dauphin Co., Pa. My Commission Exp!res April 18/ 1988 My commission expires: TONYA BAST~SS RESIDENTIAL LEASE AGREEMENT PARTIES AJ~D DWELLING UNIT The parties to this Agreement are to as the Landlord, and. Mykle as the Tenant. The Landlord leases to the Tenant unit number Iocated at., Cedar Run Drive, Camp Hill, Orchard Apartments Orchard Apartments Jonnsenn referred referred to 2200D PA 17 011 in the project known as 2. TERM OF LEASE The initial term of this Agreemen~t shall begin on Auqust 2 2, 19 8 6 ·, and end on. Aucru st 31, 198 ? . After the initial term ends, the Agreement will continue for successive terms of one mont-h each unles~ automatically terminated as permitted by Paragraph 23 of this Agreement. RENT The Tenant agrees to pay $ 0~ 00 forthepartialmonthendingon R/q] /R6 . After that, the Tenant agrees to pay a rent of $ 0.00 . permonth Th~s amount ~s due at _C)~'!C~; ~.~flZ[.C~_.c],-~' ~lr~ ~"i v~n the first day of the month. The lower rent is avadable because HUD makes, through the Pennsylvama Housing Finance Agency, monthly payments to the Landlord on behalf of the Tenant. The amount, if any, that HUD makes available monthly on behalf of the Tenant is called the tenant assistance payment and is shown on the "Assistance Payment" line of the Certification and Recertification of Tenant Eligiblity Form, which is Attachment No. 1 to this Agreement. CHANGE IN THE TENANT'S SHARE OF THE RENT The Tenant agrees that the amount of the rent the Tenant pays and/or the amount of assistance that HUD pays on behalf of the Tenant may be changed during the term of this Agreement if: a. HUD or the Contract Administrator determines, in accorance 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 Tenant's share of the rent; c. The income, the number of persons in the Tenant's household or other factors considered in calculating the Tenant's rent change and HUD procedures provide that the Tenant's rent or assistance payment be adjusted to reflect the change; d. Changes in the Tenant's rent or assistance payment are required by HUD's recertification or subsidy termination procedures; e. HUD's procedures for computing the Tenant's assistance payment or rent change; or f. The Tenant fails to provide information on his/her income, family composition or other factors as required by the Landlord. The Landlord agrees to implement changes in the Tenant's rent or tenant assistance payment only in accordance with the time frames and administration procedures set forth in HUD's handbooks, instructions and regulations related to administration of multifamily subsidy programs. The Landlord agrees to give the Tenant at least thirty (30) days' advance, written notice of any increase in the Tenant's rent, except as noted in Paragraphs 11, 15, or 17. The Notice will state the new amount the Tenant is required to pay, the date the new amount is effective, and the reasons for the change in rent. The Notice will also advise the Tenant that he/she may meet with the Landlord to discuss the rent change. CHARGES FOR LATE PAYMENTS AND RETURNED CHECKS Rent shall be payable in advance on the first day of each month. If the Tenant does not pay the full amount of rent by the close of business on the 5th day of the month, the Tenant will be delinquent and a penalty of ten dollars ($1 O) will be charged. The Landlord may terminate this Agreement for non-payment of rent, as explained in Paragraph 23. The charges discussed in this paragraph are in addition to the regular monthly rent payable by the Tenant. The Landlord may collect a fee of $ ]~ 0.0 0 (not to exceed $10) on the second or any additional time a check is not honored for payment. CONDITION OF DWELLING UNIT By signing this Agreement, the Tenant acknow edges that the unit is safe, clean, and in good condition. The Tenant agre~that all appliances and equipment are in good working order, except as described on the Unit Inspection Report, which is Attachment No. 2 to this Agreement. The Tenant 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. CHARGES FOR UTILITIES AND SERVICES The following chart describes how the cost of utilities and service related to occupancy of the unit will be paid. The Tenant agrees that this chart accurately describes the utilities and services paid by the Landlord and those paid by the Tenant: Put "X" by any Utility Tenant Pays Directly Type of Utility X Heat X X Light, Electric Cooking Water & Sewer Other (Specify) Trash X Phone X Cable Put "X" by any Utility Included in Tenant Rent X x 8. SECURITY DEPOSiTS x (Ail UtilitY hookup charges) . The Tenant has deposited $ ~ ~ _ ~ f~ (an amount equal to one mon-'th;s gross famtly contribu~on or fi~y dollars ($ 50), whichever is greater) as a security deposit ~vith the Landlord. The Landlord will hold this security deposit for the period the Tenant occupies the unit. The Landlord shall deposit said funds in an interest-bearing trust account in the ComrQo~wea]_~h Na~_ioTtal San]~ After the Tenant has moved from the unit, the Landlord will determine whether the Tenant is eligible for a refund of any or all of the security deposit. The amount of the refund will be determined in accordance with the following conditions and procedures: a. The Tenant will be eligible for a refund of the security deposit only if the Tenant provided the Landlord with the thirty (30) day written notice of intent to move required by Paragraph 23, unless the Tenant was unable to give the notice for reasons beyond his/her control. b. After the Tenant has moved from the unit, the Landlord will inspect the unit and complete another Unit Inspection Report. The Landlord will permit the Tenant to participate in the inspection if the Tenant so requests. c. The Landlord will refund to the Tenant the amount of the security deposit together with interest required by the Landlord and Tenant Act of 1951, as amended (68 Purdon's Statutes 250.511 b), if any, less any amount needed to pay the cost of: (1) Unpaid rent; {2) Damages that are not due to normal wear and tear and are not listed on the Unit Inspection Report, and any uncollected damages pursuant to Paragraph 11 a. (3) Charges for late payment of rent and returned checks, as described in Paragraph 5; and (4) Charges for unreturned keys, as described in Paragraph 9. The landlord agrees to refund the amount computed in Paragraph 8c within thirty (30) days after the Tenant has permanently moved out of the,unit provided that the Tenant has given his/her new address to the Landlord. The Landlord will also give the Tenant a written list of charges that were subtracted from the deposit..If the Tenant disagrees with the Landlord concerning the amounts deducted and asks to meet with the Landlord, the Landlord agrees to meet with the Tenant and informally discuss the disputed charges. e. If the unit is rented by more than one person, the Tenants agree that they will work out the details of dividing any refund among themselves. The Landlord may pay the refund to any Tenant identified in Paragraph 1 of this agreement. f. The tenant understands that the Landlord will not count the security deposit toward the last month's rent or towards repair charges owed by the Tenant in accordance with Paragraph 11. 9. KEYS AND LOCKS The Tenant agrees not to install additional or different locks or gates on any doors or windows of the unit without the written permission of the Landlord. If the Landlord approves the Tenant's request to install such locks, the Tenant agrees to provide the Landlord with a key for each Iock.,,W, ben,,t~,is Agreement ends, the Tenant agrees to return all keys to the dwelling unit to the Landlord. The Landlord may charge the Tenant ~ D. U U (not to exceed $ 5) for each key not returned. 10. MAINTENANCE a. The Landlord shall maintain the buildings and common areas and grounds of the Project in a decent, safe, and sanitary condition in conformity with the requirements of local housing codes, applicable regulations of the Department of Housing and Urban Development, and the terms of this Lease. Landlord shall make all necessary repairs to the dwelling unit with reasonable promptness at his own cost and expense, except as otherwise provided in this Lease. The Landlord shall provide maintenance and services as follows: (1) The Landlord shall maintain the dwelling unit and all equipment provided therewith, as well as common areas, facilities, and equipment provided for the use and benefit of the Tenant in compliance with all applicable local, state, and federal laws, and the Landlord shall respond in a reasonable time to calls by the Tenant for services consistent with said obligation. Where applicable (as in case of multi-unit buildings), such maintenance with respect to common areas, facilities, and equipment shall include cleaning, maintenance of lighting and equipment, maintenance of grounds, lawns and shrubs, and removal of snow and ice. (2) Extermination services shall be provided by Landlord as conditions may require. If such service is to be provided on a scheduled basis, the schedule is as follows {specify, or state "no schedule"): Three times per year (3)Repainting shall be provided by Landlord as conditions may require. If such service is to be provided on a scheduled basis, the schedule is as follows (specify, or state "no schedule"): every three year,s b. TheTenant agreesto: (1) Comply with all obligations upon Tenant 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 Tenant for Tenant's exclusive use in a clean, orderly, and safe condition. (3) Report to the Management Office any breakage, damage, or need for repairs to the premises or equipment therein and promptly report any unsafe or unsanitary conditions in the common areas and grounds which may lead to damage or injury. (4) Dispose of all garbage, rubbish, and other waste into appropriate containers in such manner as prescribed by Landlord and applicable local laws. (5) Use only in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appurtenances, including elevators. (6) Clean the premises, equipment and appliances supplied to the premises (including drapes) immediately prior to vacating and return the premises to Landlord in as clean and sanitary a condition as when Tenant took possession. 11. DAMAGES Whenever damage is caused by carelessness, misuse, or neglect on the part of the Tenant, his/her family or visitors, the Tenant agrees to pay: a. Reasonable charges for all damages to the premises (including equipment and/or appliances supplied to the premises) and reasonable charges for damage to the project buildings, facilities, or common areas negligently or intentionally caused by Tenant or Tenant's household or guests. Said charges are to be made according to the current Schedule of Maintenance Charges posted in the Management Office, and Tenant agrees that payment of all such charges shall be made within thirty (30) days of the date charges are billed. b. Rent for the period the unit is damaged, whether or not the unit is habitable. The Tenant understands that HUD will not make assistance payments for any period in which the unit is not habitable. For any such period, the Tenant agrees to pay the HUD-approved market rent rather than the Tenant rent shown in Paragraph 3 of this Agreement. 12. RESTRICTIONS ON ALTERATIONS The Tenant agrees to comply with the following and agrees to obtain Landlord's written permission for any exceptions: a. Supplementary electrical or open-flame space heaters or any other devices are not permitted except for prescribed medical reasons. Requests for this exception will be submitted to the Landlord for approval and shall, in no case, exceed 51 O0 Btu's. b. Park vehicles only in areas 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 licenses to remain on the premises. Any motor vehicle not meeting these requirements may be removed by Landlord within forty-eight (48) hours at the expense of the Tenant. Repairing or overhauling of vehicles on the premises will not be permitted. Motorcycles and motorbikes or scooters shall not be stored in the dwelling unit. c. Tenant shall not park trailers, boats, or campers on premises or common areas or streets without prior written consent of Landlord. d. Tenant shall make no changes, repairs, or alterations to the premises and equipment and shall not use tacks, nails, screws, or any fasteners in any part of the premises except in a manner approved by Landlord. e. Tenant shall not store household or personal property outside the dwelling unit, other than in designated storage facilities, without prior written permission from Landlord. Attic and crawl spaces are not considered storage areas and shall not be used as such, as this presents a fire hazard. f. Tenant shall not have a water bed. g. Tenant shall permit no combustible material to be kept on the premises except routine domestic household products stored in approved containers. h. Tenant shall not erect radio aerials or television antennas without the prior written consent of Landlord. i. Tenant shall not change or remove any part of the appliances, fixtures, or equipment in the unit. j. Tenant shall not install washing machines, dryers, freezers, or air-conditioners in the unit without written consent from the Landlord. 13. GENERAL RESTRICTIONS a. USE AND OCCUPANCY OF DWELLING: Tenant shall use and occupy the premises exclusively as a private dwelling for Tenant and family and for no other purpose and only during such time as Tenant may be eligible. This provision does not exclude reasonable accommodation to Tenant's guests or visitors for a period not exceeding two (2) weeks. Tenant shall not assign this Lease, sublet, or transfer possession of the premises, or give accommodation to boarders or lodgers, whether paying or not, without written consent of Landlord. Tenant shall comply with all laws affecting the use or occupancy of the premises and with all rules or regulations now or hereafter established or modified by Landlord. b. In the event that, during the term of the Lease, the Tenant by reason of physical or mental impairment is no longer able to maintain the premises in a livable condition, or to care for his physical needs, or cannot make arrangements for someone to aid him in maintaining the premises in a livable condition or in caring for his physical needs, Landlord may terminate this lease. Landlord may terminate this Lease in accordance with Paragraph 23 provided a qualified third party has been consulted and concurs and states the degree to which this impairment affects a Tenant's ability to maintain the premises in a livable condition. Landlord may require the Tenant to move but shall make every reasonable effort to assist the Tenant in finding other suitable accommodations. c. Tenant shall not pursue or conduct any business on the premises, nor shall Tenant display any signs of any type or description. d. Tenant shall refrain from and cause Tenant's household and guests to refrain from destroying, defacing, damaging, or removing any part of the premises or project. e. Tenant shall not have pets or animals of any kind, except seeing eye dogs, in the unit, in the common areas or on the project grounds f. Tenant shall not create or permit any disturbing noises in or about Tenant's dwelling unit by himself, his family, or guests; nor shall he, his family, or guests interfere with or materially diminish the rights, comforts, or convenience of other Tenants or surrounding neighbors. Neither the Tenant, his family, nor his guests shall engage in any activity that would constitute an offense against persons, property, public order, or public health or decency, or that involves fraud, deception, firearms, or other weapons. g. Tenant shall not refuse the extermination services for rodent or insect infestation. h. If heat is to be supplied by the Tenant, Tenant agrees to execute a third party notification with Landlord, whereby the Landlord will be formally notified prior to the discontinuance of utility service by the utility supplier. Tenant agrees to furnish sufficient heat to the premises to prevent damage to the premises. If, for any reason, Tenant is unable to maintain sufficient heat, Tenant shall immediately notify Landlord. Tenant shall pay for any damages to the unit resulting from Tenant's negligent or intentional failure to maintain sufficient heat or to notify Landlord of the lack of sufficient heat due to any cause beyond Tenant's control. 14. RULES The Tenant agrees to obey the rules as explained in the Resident's Handbook (Attachment No. 3 to this Agreement). The Tenant agrees to obey additional rules established after the effective date of this Agreement if: a. The rules are reasonably related to the safety, care, and cleanliness of the building and the safety, comfort and convenience of the Tenants; and b. The Tenant received written notice of the proposed rule at least thirty (30) days before the rule is enforced. 15. REGULARLY-SCHEDULED RECERTIFICATIONS Every year around the ~' -i 3- H ~'. day of ~.l~:['t~: ~ .,- , the Landlord will request the Tenant to report the income and composition of the Tenant's household and to supply ar~y other information required by HUD for the purposes of determining the Tenant's rent and assistance payment, if any. The Tenant agrees to provide accurate statements of this information and to do so by the date specified in the Landlord's request. The Landlord will verify the information supplied by the Tenant and use the verified information to recompute the amount of the Tenant's rent and assistance payment, if any. a. If the Tenant does not submit the required recertification 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 accordance with the administrative procedures and time frames specified in HUD's handbook, regulations, and instructions related to the administration of multifamily subsidy programs. (1) Require the Tenant to pay the higher, HUD-approved market rent for the unit. (2) Implement any increase in rent resulting from the recertification processing without providing the thirty (30) day notice otherwise required by Paragraph 4 of this Agreement. b. The Tenant may request to meet with the Landlord to discuss any change in rent or assistance payment resulting from the recertification processing. If the Tenant requests such a meeting, the Landlord agrees to meet with the Tenant and discuss how the Tenant's rent and assistance payment, if any, were computed. 16. REPORTING CHANGES BETWEEN REGULARLY. SCHEDULED RECERTiFiCATiONS a. If any of the following changes occur, the Tenant agrees to advise the Landlord immediately: (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 or recertification obtains employment. 13) The household's income increases by more than $40/month after: (a) The Landlord has reduced the Tenant's rent because of a decrease in income reported pursuant to Paragraph 16b, below; or (b) The Tenant has submitted certification information showing an average monthly household income of less than $ 3 0 ~-, r~ r~ per household member. b. The Tenant may rel~o~t"any decrease in income or any change in other factors considered in calculating the Tenant's rent. If the decrease in income or change in other factors will last more than ninety (90) days, the Landlord will verify the information and make the appropriate reduction. c. If the Tenant does not advise the Landlord of these interim changes, the Landlord may increase the Tenant's rent to the HUD-approved market rent. The Landlord may do so only in accordance with the time frames and administrative procedures set forth in HUD's regulations, handbooks, and instructions on the administration of multifamily subsidy programs. d. The Tenant 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 Tenant requests such a meeting, the Landlord agrees to meet with the Tenant and explain how the Tenant's rent or assistance payment, if any, was computed. 17. TERMINATION OF ASSISTANCE a. The Tenant understands that assistance made available on his/her behalf may be terminated if any of the following events happen. Termination of assistance means that the Landlord may make the assistance available to another Tenant and the Tenant's rent witi be recomputed. In addition, if the Tenant's assistance is terminated because of criterion (1) or (2), below, the Tenant will be required to pay the HUD-approved market rent for the unit. (1) The Tenant deliberately submits false information on any application, certification, recertification, or requests for interim adjustment for the purpose of obtaining a higher assistance payment or lower rent and HUD approves the termination. (2) The Tenant does not provide the Landlord with the information or reports required by Paragraph 15 or 16 within ten (10) calendar days after receipt of the Landlord's notice of intent to terminate the Tenant's assistance payment. (3) The amount the Tenant would be required to pay toward rent and utilities under HUD rules and regulations equals the Family Gross Rent shown on Attachment No. 1. b. Landlord agrees to give the Tenant written notice of the proposed termination. The notice will advise the Tenant that, during the ten (10) calendar days following the date of the notice, he/she may request to meet the Landlord to discuss the proposed termination of assistance. If the Tenant requests a discussion of the proposed termination, the Landlord agrees to meet with the Tenant. c. Termination of assistance shall not affect the Tenant's other rights under this Agreement, including the right to occupy the unit. If assistance is terminated pursuant to Paragraph 17a(2) or 17a(3), assistance may subsequently be reinstated if the Tenant submits the income or other data required by HUD procedures, the Landlord determined the Tenant is eligible for assistance, and assistance is available. 18. TENANT OBLIGATION TO REPAY If the Tenant submits false information on any application, certification, or request for interim adjustment or does not report interim changes in family income or other factors as required by Paragraph 16 of this Agreement and, as a result, is charged a rent less than the amount required by HUD's rent formulas, the Tenant agrees to reimburse the Landlord for the difference between the rent he/she should have paid and the rent he/she was charged. The Tenant is not required to reimburse the Landlord for undercharges caused solely by the Landlord's failure to follow HUD's procedures for computing rent or assistance payments. 19. SIZE OF DWELLING The Tenant understands that HUD requires the Landlord to assign units according to the household and the age and sex of the household members. If the Tenant is or becomes eligible for a different size unit and the required size unit becomes available, the Tenant agrees to: a. Move within thirty (30) days after the Landlord notifies him/her 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 rent. 20. ENTRY OF PREMISES DURING TENANCY Upon consent of Tenant or two (2) days' written advance notification to Tenant, Landlord shall be permitted to enter the dwelling unit during reasonable hours for the purpose of performing routine inspections and maintenance or for making improvements or repairs. Landlord may enter the premises at any time without advance notification when there is reasonable cause to believe that an emergency exists or that an abandonment has occurred. In the event that Tenant and all adult members of Tenant's household are absent from the premises at the time of entry, Landlord shall leave on the premises a written statement specifying the date, time, and purpose of entry. 21. DISCRIMINATION PROHIBITED The Landlord agrees not to discriminate based upon race, color, religion, creed, national origin, sex, age, handicap, membership in a class, such as, unmarried mothers or recipients of public assistance, or because there are children in the family. ' 22. "CHANGE IN RENTAL AGREEMENT The Landlord may, with the prior approval of HUD, change the terms and conditions of this Agreement. Any changes will become effective only at the e~d of the initial term or a successive term. The Landlord must notify the Tenant of any change and must offer the Tenant a new Agreement or an amendment to the existing Agreement. The Tenant must receive the notice at least sixty (60) days before the proposed effective date of the change. The Tenant 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. The Tenant may reject the changed terms and conditions by giving the Landlord written notice that he/she intends to terminate the tenancy. The Tenant must give such notice at least thirty (30) days before the proposed change will go into effect. If the Tenant does not accept the amended agreement, the Landlord may require the Tenant to move from the project, as provided in Paragraph 23. 23. TERMINATION OF TENANCY a. To terminate this Agreement, the Tenant must give the Landlord thirty (30) days' written notice before moving from the unit. If the Tenant does not give the full thirty (30) days' notice, the Tenant shall be liable for rent up to the end of the thirty (30) days for which notice was required or to the date the unit is re-rented, whichever date comes first. b. Any termination of this Agreement by the Landlord must be carried out in accordance with HUD regulations, state and local law, and the terms of this Agreement. The Landlord may terminate this Agreement only for: ( 1 ) The Tenant's material non-compliance with the terms of this Agreement; (2) The Tenant's material failure to carry out obligations under any state Landlord and Tenant Act; or (3) Other good cause, which includes but is not limited to the Tenant's refusal to accept the Landlord's proposed change to this Agreement. Terminations for "other good cause" may only be effective as of the end of any initial or successive term. Material non-compliance includes but is not limited to: non-payment of rent beyond any grace period available understate law; failure to reimburse the Landlord within thirty (30) days for repairs made under Paragraph 11 of this Agreement; repeated late payment of rent; permitting unauthorized persons to live in the unit; serious or ~:epeated damage to the unit or common areas; creation of physical hazards, serious or repeated interference with the rights and quiet enjoyment of other tenants; failure to repay unauthorized assistance payments; and giving the Landlord false information regarding income or other factors considered in determining the Tenant's rent. c. If the Landlord proposes the termination of this Agreement, the Landlord agrees to give the Tenant written notice of the proposed termination. If the Landlord is terminating this Agreement for "other good cause", the termination notice must be received by the Tenant at least thirty {30) days before the date the Tenant will be required to move from the unit. Notices of proposed termination for other reasons must be given in accordance with any time frame set forth in state and local law. Any HUD-required notice period may run concurrently with any notice period required by state and local law. All termination notices must: (1) Specify the date this Agreement will be terminated; (2) State the grounds for termination with enough detail for the Tenant to prepare a defense; (3) Advise the Tenant that he/she has ten (10) days within which to discuss the proposed termination of tenancy with the Landlord. The ten ( 10)day period will begin on the earlier of the date the notice was hand-delivered to the unit or the day after the date the notice is mailed. If the Tenant requests the meeting, the Landlord agrees to discuss the proposed termination with the Tenant; and (4) Advise the Tenant of his/her right to defend the action in court. d. If an eviction is initiated, the Landlord agrees to rely only upon those grounds cited in the Termination Notice required by Paragraph (c). 24. HAZARDS The Tenant shall not undertake or permit his/her family or guest to undertake any hazardous acts or do anything that will increase the project's insurance premiums. If the unit is damaged by fire, wind, or rain to the extent that the unit cannot be lived in and the damage is not caused or made worse by the Tenant, the Tenant will be responsible for rent only up to the date of the destruction. Additional rent will not accrue until the unit has been repaired to a livable condition. 25. PENALTIES FOR SUBMITTING FALSE INFORMATION If the Tenant deliberately submits false information regarding income, family composition, or other data on which the Tenant's eligibility or rent is determined, the Landlord may, with HUD approval, require the Tenant to pay the higher, HUD-approved market rent as long as the Tenant remains in the project. In addition, the Tenant could become subject to penalties available under federal taw. Those penalties include fines up to $5,000 and imprisonment for up to two (2) years. 26. CONTENTS OF THIS AGREEMENT This Agreement and its Attachments make up the entire agreement between the Tenant and the Landlord regarding the unit. If any court declares a particular provision of this Agreement to be invalid or illegal, all other terms of this Agreement will remain in effect and both the Landlord and the Tenant will continue to be bound by them. 27. ATTACHMENTS TO THE AGREEMENT The Tenant certifies that he/she has received a copy of this Agreement and the following attachments to this Agreement and understands that these Attachments are part of this Agreement. a. Attachment No. 1 -- Form HUD 50059, Certification and Recertification of Tenant Eligibility b. Attachment No. 2 -- Unit Inspection Report c. Attachment No. 3 -- Resident Handbook 28. SIGNATURES TENANT Mykle Jonnsenn By: .' / Date S~ned / LANDLORD By:- Cheryl Foutz~~rd Apartments Date Signed Dat~ Sig~-ed / jORCHARD APARTMENTS R-1036- $'F .... .% Project Name amc' Number Reouest for interview and AoDlication Comptetio,n marked no earlier than on a first-come, first-served basis. This project is financed by the Pennsylvania Housing Finance Agency and will I~e rented to all people on an open occupancy basis. Street Staze '2. NOTE' Presenl Apartment: Present Landlord' r,A 0~i Ot~A~ Telephone Number: Average Month Monthly ~en~ s ~5~ ~ - m Utility Bill (except phone): $ b. If you own your own home, wha~ ~s the current value' S =::snce of morlgage: $ c. Prey;gus AparSmen%: ' Telephone Number: Previous Landlord .... ~ . '~ . , LIST B~LOW ALL INCOME OF EACH PERSON WHO WILL OCCUPY APARTMENT o EmDlovment: Name of Employer- ~ _ e>l ?~c( -~qc Telephone Number: Business Address- . Length of Employment' _ .... ~~5 ............... Annual Gross Wage: $ Other Sources of Income' (Please State Monthly_ Amounts) Social Security & SSI' Veterans ~enefits: Pension: Other: Source: Source: Source: Source: (Unemployment., Welfare, Monthly Amount: Claim ~' Pension Name / Monthly Amount: $__ ~v///~ Account ~' Alimony) Monthly Amount: $ MonthlY Amount: Monthly Amount' S Mont~hTy Amount' $ Bank Reference: ~ank Name and Address Savings' Account Amount Checking' Certificate / of Deposit: ../~/ . 7. Credit Reference' Name and address of firms you have credit with' Information about each person to occupy apartment (include applicant)' Birth Date Ao__~e Social Security Account Relationship Are you or haOe you been G or no)' (!) Displaced from your home by'a natural disaster (at the time you are seeking ~ssis~ance)? (2) Displaced by government action or'.urban renewal (at the time .you are seeking assistance)? (3) Currently living in substandard housing? (4) Currently residing and~or receiving assistance for housing? IF ANSWER 70 ANY OF THE ABOVE 4 QUESTIONS IS YES, PLEASE GIVE FULL DE- TAILS ON A SEPARATE SHEET OF PAPER. 10. Are you or is a rnen-,ber of your household handicapped? (Totally disabled and un- able 1o ,..'ork?) Plea.'.e e×plain,: ~ ~ ~ _? ( ) White/Non-Minority ( ) Span sh American ( ) I e'e ncr wish to furnish the above information. ( ) American Indian ( ) Oriental ( ~,/Y Negro//Black AN "'-'- E\,'ED ~ · -~RI P~--RSON MAY FII ~ ~ COM~L.AiNT O: A H,m"q N re,q- ACT WITH' -- ' .... i G ~IMINATION PENNSYLVANIA HOUSING FINANCE ~.'~ NORTH FRONT STREET ,,~RINBURG, PA ~7110 Acd~t~ona! ir,:3rrr, at~on max' ~e r-~u'~-~t~a to, ....... -~- - - . - ~ -- - ~-.,,u:.ete :,r~.zessir. g aT ','our apg/ication. Your s~c~,ature elves written ca. nsent tc the maz, e.ze~r, ent t:, ',,e::fx ;r,:";rmation in this application. A false statement or m~sr=~z~entstion or, x'our -=~::---'~ -- amprcve of residency. -' -- ~=~ .... ~,. will ~T:e:t fled. W.nen ',ye reseive these forms, you will be c~nta::ee for = :~.-so..-,a~ ir,:e:v~ew ~'nere a m~e detailed aDpiication will be comDi.:-:~ ' ~'-[':~r ~ ~ ' ~. Thank you for your interest in ! i A :~ril The City of Hm sb g, Pennsylv a. Incor rat 5l ch 19, Department of Community and Economic Development Office of the Director July 3, 1986 Bob Shenk (OWNER) c/o Allen Montgomery 129 Bridge Creek, S.C. Mykle Jonnsenn (TENANT) 1936 Chestnut Slreet Harrisburg, PA 17104 29445 Dear Mr. Shenk and Ms. Jonnsenn: RE: 1936 Chestnut Street Parcel #09079085 The above captioned premises were posted "Unfit for Human Occupancy" by Housing Inspector Larry E. Wright on June 23, 1986, under autbority granted by Article ES-106.1.3 of the 1984 BOCA Basic National Existing Structures Code as adopted by Article i741 of the Codified Ordinance of the City of Harrisburg. Be advised that the above captioned premises must be vacated within thirty days following the date of this notice. The premises cannot be reoccupied nor can the posted "Unfit For Human Occupancy" posting be removed without the written approval from its bureau. Failure of the tenant to vacate or the owner to institute appropriate legal action to have the premises vacated will- result in the initiation of legal action against the 'parties failing to comply with all of the above requirements. Be further advised that an5· disagreement with this determination or other official action taken, may be appealed in writing to the Housing Code Board of Appeals, c/o the Director, Department of Community & Economic Development, Room 206, City Government Center, Ten North biarket Square, Harrisburg, Pennsyl- vania 17101-]68], within 20 days fo]lowing the date of this notice. An appeal fee of $40.00 or proof of indigence must accompany the appeal. RIB/bt/bt 11/38 cc: Sincerely, Ronald I. Buxton Codes AdminJ strator Larry E. Wright, Housing Inspector Mark Barton, Human Services File: Property Attachment "C" CHARD APARTMENTS 2204 Cedar Run Drive Extended Camp Hill PA 17011 NOTICE TO QUIT AND VACATE TO: Mykle Jonnsenn ADDR]ESS: 2200D Cedar Run Drive CITY: Camp Hill STATE: PA DATE OF NOTICE: 10/10/86 LAST DATE OF TENANT OCCUPANCY: ZIP: 17011 o 11/10/86 YOU ARE HEREBY REQUIRED to remove yourself and your pos- sessions and to quit and deliver up peacefully the possession of the above described premises occupied by you on or before the last date of t~nant occupancy stated above. This is intended as a notice to quit, for the purpose of terminating your occupancy. The rent sba!l be due and payable to and including the date of termination of your tenancy. (71 7) 763-0937 TO: ADDRESS: Mykle Jonnsenn 2200D Cedar Run Drive Camp Hill CITY: STATE: PA DATE OF NOTICE: 10/10/86 LAST DATE OF TENANT OCCUPANCY: ZIP: 17011 11/10/86 YOU ARE HEREBY REQUIRED to remove yourself and your pos- sessions and to quit and deliver up peacefully the possession of the above described premises occupied by you on or before the last date of tenant occupancy stated above. You are being compelled to vacate the premises because you are in material non-compliance with your rental agreement in the following particular(s): X Breach of Lease provision contained in Paragraph(s) of Terms an~ Conditions,'R&~id~nti~I-~$~'Ag~&<'' ment, in the following particulars contained on the attached sheet. Failure to satisfy rent reserved and due for month(s) of , 19 If you fail to remove yourself and vacate your apartment by the last date of tenant occupancy stated above, legal measures will be commenced to evict you and to repossess your apartment. If judicial proceedings for eviction are commenced, you will be given an opportunity to bresent any defenses you may have. This is intended as a notice to quit, for the purpose of terminating your occupancy. The rent shall be due and payable to and including the date of termination of your tenancy. IF YOU ARE IN DOUBT REGARDING YOUR LEGAL RIGHTS AND OBLI- GATIONS AS A TENANT, IT IS RECOMMENDED YOU SEEK LEGAL ADVICE. YOU HAVE 10 (TEN) DAYS FROM RECEIPT OF THIS NOTICE TO DISCUSS THE PROPOSED TERMINATION WITH THE LANDLORD (the ten days begins the date the notice is hand-delivered to the un'it). Orchard Apartments by August 18, 1986 Mr. Mykle Jonnsenn was told by Cheryl Foutz, Project Manager that he must notify PP&L and UGI to have service transferred into his name effective the day he was signing the lease (the date was set for 8/22/86). Mr. Jonnsenn said he would take care of this. August 22, 1986 Mr. Jonnsenn stated that he had contacted the utility companies and everything was in order. This was said when he was asked by Ms. Foutz during the signing of the lease and miscellaneous paperwork. September 4, 1986 Cheryl Foutz.contacted Mr. Jonnsenn that we had received a final bill from PP&L for service to his apartment. The bill indicated that service had not been transferred to Mr. Jonn- senn's name until 8/29/86; therefore, he owes Orchard Apart- ments the amount of $3.76 for the period 8/22 - 8/28/86. September 24, 1986 Cheryl Foutz received a bill from UGI for gas service to Mr. Jonnsenn's apartment. This was not a final bill, and Ms. Foutz contacted UGI to determine what was going on. She was told by the Customer Service Representative that the service was still in Orchard Apartments name because they had never been contacted by a new tenant. Ms. Foutz went to Mr. Jonnsenn's apartment, but he did not hear her at the door. She then typed a leteer to him which was put at his door asking him to stop by the office to dis- cuss this and another matter. Mr. Jonnsenn came to the office at approximately 11.:15 a.m. after receiving the above-mentioned letter. He said he did not know what the problem was, but he would contact UGI that afternoon to clear the matter up. Mr. Jonnsenn then stopped by the office at approximately 5:00 p.m. that same afternoon to state that he had called UGI and all he had to do was take his lease in to them the next morning. Ms. Foutz asked that he was definitely taking care of it, and he assured her that it would be settled for sure the next morning. September 30, 1986 Ms. Foutz contacted UGI today to be sure the situation with 2200D was settled. She was informed by the representative that the service was still in Orchard Apartments name. Ms. Foutz then prepared a letter to Mr. Jonnsenn stating that, if service was not in his name by 4:30 10/1/86 and he did not provide her with a.written statement from UGI verifying to this and the back-adjustment of the billing, an eviction no- tice would be served upon him. September 24, 1986 Cheryl Foutz received a phone call from a person claiming to have information about Mykle Jonnsenn. Ms. Foutz was told that Mr. Jonnsenn does not have his daughter living with him (and never did have her), and that he also had an apartment at Harrisburg Park Apartments. October 10, 1986 Cheryl Foutz called Harrisburg Park Apartments. She spoke with the secretary, who confirmed that Mykle Jonnsenn does indeed have an apartment in their complex. He has had-this apartment since August 1986. Although the management of Orchard Apartments has not been able to gather concrete proof as to who is/is not residing in this apartment, they strongly feel that Mr. Jonnsenn's daughter is not r. esiding with him and never has been. BREACH OF LEASE PROVISIONS ..... Paragraph 13(h) "If heat is to supplied by the Tenant, Tenant agrees to execute a third party notification with Landlord, whereby the Landlord will be formally notified prior to the discontinuance of uti- lity service by the utility supplier. Tenant agrees to fur- nish sufficient heat to the premises to prevent damage to%he premises. If, for any reason, Tenant is unable to'maintain sufficient heat, Tenant shall immediately notify Landlord. Tenant shall pay for any damages to the unit resulting from Tenant's negligent or intentional failure to maintain suf- ficient heat or to notify Landlord of the lack of sufficient heat due to .any cause beyond Tenant's control." Paragraph 14 "The Tenant agrees to obey the rules as explained in the Resi- dent's Handbook (Attachment No. 3 to this Agreement). The Tenant ......... - TENANTS HANDBOOK, pg. 6, Utilities "Those utiloities not furnished by us will have to be secured by you. Please contact the.appropriate offices prior to your move-in. On the initial date your lease is effective, the utilities must be in your name. All tenants ..... " Paragraph 23(b) "...Material non-compliance includes but is not l~mited to: · ..; and giving the Landlord false information regarding in- come or other factors considered in determining the Tenant's rent." Paragraph 25 "If the Tenant deliberately submits false information regarding income, family composition, or other data on which the Tenant's eligibility or rent is determined, the Landlord may, with HUD approval, require the Tenant to pay the higher, HUD-approved market rent as long as the Tenant remains in the project. In addition, the Tenant could become subject to penalties avail- able under federal law. Those penalties include fines up to $5000 and imprisonment for up to two (2) years." V E R I F I C A T I 0 ~N I, TONYA BASTRESS, am Community Manager of ORCHARD APARTMENTS, and in that capacity I have authority to verify that the statements made in this Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. Date Tonya '~tress ORCHARD APARTMENTS, : Plaintiff : : VS. : : MYKLE JONNSENN, : Defendant : AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 13 CIVIL 1987 ORDER OF COURT /~ day of May, 1987, upon consideration of the Motion of Carolyn L. Carter to withdraw as counsel for the defendant and of certain correspondence of the defendant, filed with the Prothonotary this date, it appearing that counsel, through no fault of her own, has been unable to maintain contact with the defendant, said counsel is granted leave to withdraw by praecipe, duly filed. BY THE COURT, Carolyn L. Carter, Esquire For the Defendant ·· rlm ORCHARD APARTMENTS, Plaintiff vs. MYKLE JONNSENN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 13 CIVIL 1987 RULE ABSOLUTE AND NOW, this /54 day of March, 1987, it appearing that the Rule to Show Cause has been served, and no party having filed objections thereto, it is hereby ordered that Carolyn L. Carter is allowed to withdraw as counsel as prayed for in her Motion to Withdraw as Counsel. By the Court, ORCHARD APARTMENTS, Plaintiff vs. MYKLE JONNSENN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERI.~ND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 13 CIVIL 1987 AFFIDAVIT OF SERVICE I, Carolyn L. Carter, hereby certify that I served an additional copy of the Order and Rule to Show Cause upon Mykle Jonnsenn, c/o Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania, 17013, by regular U. S. mail on April 9, 1987, with a cover letter explaining that he should communicate to the Court within 10 days any objections he had to my withdrawing as counsel; that on April 22, 1987, Mr. Jonnsenn informed me in a telephone conversation that he had received this material; and that I then informed him orally that he should file in writing with the court any objections he might have to my withdrawing as counsel in this case; and that more than 10 days have now passed since this conversation. Car~/uolyn L. Carter Attorney-at-Law LEGAL SERVICES, INC. 7 North Hanover St. Carlisle, PA 17013 (717) 243-9400 Subscribed and sworn to, before me, this  , 1987. 'N6tary P~lic day of DORIS J. FELTGN, Notary Public Carlisle, Cumberland Co., Pa. My Commission Lxpi'~es [¥1ay 9, 1988 COMMO~___~NWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS for Cumb&rland County JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 13 Civil 1987 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the. Case mentioned below. · MAG. DIST. NO. OR NAME OF DJ ~A~O~--~y~--_ ~ IRobt. B. Failor z z / l / 8 6 I~ ~ ~s~°6~'~'~AP ~ r t men t s ~-~WNo Mykle Jonns~,, VS. OF APPEL/ANI OR HiS TA 19 ~ .... gA 2 3 00 --'' This block will be signed ONLY when this notation is required under Pa R C.P.J.P. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008B. · · -- ~ This Notice of Appeal, when received by the District Justice, will operate as a No. 1001(6) in action before District Justice, SUPERSEDEAStot~gmentforpo~ssio~inthiscase. ~ he MUST FILE A COMPLAINT within twenty (20)  ~ days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.p. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon~ (Common Pleas No. 13 Orc Name of appellee(s) Civil 1987 RULE: appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. SignatUre of appellant or his attorney or agent appellee(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. ,~ / /,/ ,-, Date: January 5, 198_~7. ~ ~~~.~;~_~.~ ~1 .~,.~., I ; Signature ro t'~onot COURT F!LE TO BE F: .ED WITH PROTHONOTARY 0 '7 _O_r_ _c_h_ _a_r_d__ _A. p.a r tree n t s In thc Court of Common Pleas of Cumberland Count),, Pennsyh'ania 13 No ........................... Civil. ~ 9__8_7__ Please withdraw ~_~_9~ counsel for the Defendant, Mykle Jonnsenn. To .......................................... Prothonotary Carolyn L. Carter, Attemey for ~R~ Defendant I ! ! I I !