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Home My WebLink About06-6765 CAROLE STEWART, v. Appellant : IN THE COTT>>'T' no 1"'r\"'KUr\~ PLEAS OF : Cumberland County_u~H : No. {J~ - {,7/'~ Civil Term HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Appellee : APPEAL FROM LOCAL AGENCY : DETERMINATION APPEAL FROM DETERMINATION OF THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND DENYING APPELLANT APPLICATION FOR THE RENTAL ASSISTANCE PROGRAM Appellant, Carole Stewart, pursuant to 2 Pa.C.S.A. ~752, appeals from a determination of the Housing Authority of the County of Cumberland denying her participation for the Section 8 Rental Assistance Program, on the following grounds: 1. Appellant, Carole Stewart (hereinafter "Ms. Stewart"), is an adult individual residing at the present time in Baltimore, Maryland. 2. Appellee/Respondent, Housing Authority of the County of Cumberland, (hereinafter "the Housing Authority"), is a "local agency" within the meaning of the "Local Agency Law," 2 Pa.C.S.A.~~551-555, 751-754, and with offices located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 3. Christopher Gulotta is the Executive Director of the Housing Authority. He is responsible for seeing that the Housing Authority complies with applicable laws and regulations. His office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA. 17013. 4. Teresa D. Mercer, is a Housing Representative for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 5. Carolyn Bair is the Rental Assistance Program Supervisor for the Housing Authority. She is responsible for seeing that the Housing Authority complies with applicable laws and regulations. Her office is located at 114 N. Hanover Street, Carlisle, Cumberland County, PA 17013. 6. Ms. Anderson is a single parent with one disabled adult son who has received rental assistance from the Housing Authority since some time in 2006. 7. Following an informal hearing on October 19, 200, the Housing Authority (letter attached as Ex. "A") denied Appellant's rental assistance application for having her son living with her when he was not on the lease. 8. Appellant believes that she will be able to establish that she did everything she could to find a separate placement for her son, but could not within the time frame the Respondent set for her. 9. Housing is not affordable for herself and her son without rental assistance from the Respondent. 10. Appellant believes she is entitled to an accommodation due to her son's disability. WHEREFORE, Appellant requests that this Honorable Court grant the following relief: A. Pursuant to 2 Pa.C.S.A.~754, schedule a de!lQY.Q hearing before this Court and, at the conclusion of the hearing, enter an Order reversing the Housing Authority's decision to deny Appellant's participation in the Rental Assistance Program, or, in the alternative, remand the proceedings to the Housing Authority for the making of a full and complete record; B. A ward Appellant such other and further relief as this Court may deem reasonable and just. Respectfully submitted, MIDPENN LEGAL SERVICES . t 2.~'1 By: ~jl~Rf' Geoffrey M. Biringer 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. 10#18040 Carole Stewart Harvon Motel 851 N. Hanover Street Carlisle, PA 17013 Dear Ms. Stewart: HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND · Rental Housing for F8.mUies · Rental Housing for Elderly . · Rental Housing for Persons with Special Needs . · Rental Assistance Programs . · First-Time Homebuyer Programs. · Supportive ServlceslEmpowerment Program!!i . On October 19, 2006 an informal hearing was held on our denial of your application for the Section 8 Housing Choice Voucher Program. This denial resulted from the fact that your son moved in with you without permission from the Housing Authority or your landlord. There is no question that you were aware that you were not allowed to have anyone live with you. Although you failed to notify Safe Harbour and our office that Philip was staying with you until we began receiving complaints, we both allowed you a significant amount of time to find him another place to live because of his situation. I spoke to Jim Roberts with Cumberland Vista, and he stated that you were informed in the very beginning that Philip would need to be in a day program to qualify for Cumberland Vista. Information provided by MH/MR indicated that, although Philip's case was opened in March 2006, your lack of action contributed to the delay in housing him. I understand the difficulty you faced in having to make the decision to allow him to live with you. Based on the information given to me by the agencies involved, however, part of the difficulty in housing him came from your lack of cooperation. At this time I am upholding our denial of your application, but I am shortening the denial time to 1 year. We will not accept further applications from you until October 2007. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Carolyn E. Bair Rental Assistance Program Supervisor "'.A 4 ~X'/1 Cc: Geoffrey Biringer SERVING CUMBERLAND COUNTY SINCE 19'75 114 N. HANOVER ST. - STE. 104 · CARLISLE PA 17013-2445 TelephonetrDY (717) 249-1315 -(717) 697-7703 · (717) 532-8805 - Fax (717) 249-5988 · E-mail: mail@cchra.com . www:cchra.com , . VERIFICATION The Appellant's attorney, Geoffrey M. Biringer hereby verifies that the statements made in the above Appeal are based on information received from the Appellant and that she is outside the jurisdiction of this Court at the present time and unable to make this verification. Date: /r jl' ;b b '<; . . CERTIFICATE OF SERVICE d, I, Geoffrey M. Biringer, hereby certify that I am this f,,~ day of November 2006, serving a copy of the foregoing Appeal From Determination of the County of Cumberland Denying Participation in the Rental Assistance Program upon the Executive Director of the Housing Authority, Christopher Gulotta, by mailing a true and correct copy of the same to him at the following address by first-class U.S. mail, postage prepaid: Christopher Gulotta, Executive Director Housing Authority of the County of Cumberland 114 N. Hanover Street Carlisle, PA 17013 ,hr'f-#t _-ZJ~ Geoffrey M. Biringer ~ 7 -. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400 Sup. Ct. 10#18040 ~\ ... .~ ~ Cl S:~ , ,.....-) ~::.~ ::;. o 11 :::;:! ':-'::-.:J ~,.;:.-, f'.) -...J C~) CA) .L" o. CAROLE STEWART, Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY V. HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Appellee : No. tk- (p 7{g5' CIVIL TERM :APPEAL FROM LOCAL AGENCY : DETERMINATION Praecipe to Proceed In Forma Pauperis To the Prothonotary: Please allow the Appellant above to proceed "in forma pauperis," as the counsel for the appellant is providing free legal services to the party and counsel believes that the appellant cannot pay the costs of the proceeding. ~Ar~ Geoffrey M, Biringer Attorney for the Appellant ~.; 0 C':':':; ~"~"l 0'",," f'~ -...l c:. C) :~ -.i::4. r!. NOY 10m 0 -J f ~O\l ,,~~ ..11 . CAROLE STEWART, Appellant v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. o-&, -" 7~CNIL TERM HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Appellee : APPEAL FROM LOCAL AGENCY : DETERMINATION ORDER AND NOW, this /.3 'f"'I--; day Of~ upon consideration of the Appeal filed in the above-captioned matter, it is hereby Ordered as follows: a de novo will be held before this Court on the IS ~ day of-:#- ~_, 2001. at 5:j () o'clock, 4- m., in Courtroom ...5 BY THE COURT: ,,(, ,II 'A~ \:, \ '}1(\ ~~~1 \' \\..1\ r~" ..", ,. f"i.)A :\; \\ ~O ,t:!'i.J,.u,'\Vn:..vO.... _lU- f\ ?()\:\~.o,,"Cl3\H ,~ VS. In the Court of Common Pleas of Cumberland County, Pennsylvania CAROLE STEWART Appellant 6765 Civil~~Q 2006 No. HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND APPELLEE Please mark the above-captioned action as, settled and discontinued. To Prothonotary 19 :4,~~ .~-;iJ-~ . Attorney for P . . ~ No. Term. 19 - vs. PRAECIPE Filed 19_ . 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