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premises at 315 North Pitt Street, Carlisle, Cumberland County,
Pennsylvania, to the Defendants for a period of one year. A copy
of said Residential Dwelling Lease is marked as Exhibit A, attached
hereto and incorporated herein by reference.
5
The Defendants had been occupying the aforesaid premises at 315
North Pitt street (hereinafter the "Premises'" prior to October 1,
1992 pursuant to a prior Residential Dwelling Lease and said
Defendants had fallen behind in the payment of rent.
6
On or about March 26, 1991, the Defendants agreed to repay a past-
due rental of $1,567 in accordance with a schedule of $20 per
month. Attached hereto and marked as Exhibit B is a copy of said
Repayment Agreement, which is incorporated herein by reference
thereto,
7
As of the date of the execution of the attached Residential
Dwelling Lease on October 1, 1992, the Defendants were abiding by
the Repayment Schedule,
8
The aforesaid rental Repayment Agreement provides that the failure
to abide by the schedule or to stay current in the rent will result
in eviction proceedings being filed against the Defendants,
9
Paragraph l1IA) of the Lease Agreement provides that the landlord
may terminate the Lease for failure to make payments due under the
Lease.
10
Paragraph 2(A) of the Lease Agreement provides that rent shall be
due on or before the first day of each and every month with a
service charge of $25 to be added if rent is not paid by the fifth
working day of the month.
11
Paragraph 6(8) of the Lease Agreement provides that tenants shall
pay all necessary legal fees expended by management for enforcement
of the provisions of the Lease Agreement.
12
The Defendants have failed to pay rent in accordance with the
Repayment Agreement of March 26, 1991, as follows:
A. No past-due rent was received for the months of December 19~3,
January 1994, March 1994, July 1994, August 1994, and October 1994.
13
The Defendants have failed to pay the dwelling rent due and owing
under the Lease Agreement as follows:
A. Rent has not been paid on or before the fifth working day of
each and every month for the months of January 1994, July 1994,
August 1994, and October 1994,
l4
Paragraph ll(B) of the Lease Agreement provides that management
shall give written notice of its int.ention to terminate the Lease
and shall inform the tenant of the right to request a hearing
within ten days of rC!ceiving the termination notice. Attached
hereto and marked as Exhibit C is a copy of the notice provided by
landlord in accordance with the aforesaid procedures, which ie
incorporated herein by reference thereto,
15
By letter dated October 11, 1994, landlord gave additional notice
to the Defendants of the past-due arrearages. A copy of said
letter is attached hereto and marked as Exhibit D and incorporated
herein by reference thereto,
16
Paragraph 11(C) of the Lease Agreement provides that management
shall give written notice of termination of the Lease should the
tenant not request a hearing, as provided for under Paragraph ll(B)
of the Lease Agreement, with said termination to be fifteen (15)
days for any breach of any provision of the Lease Agreement.
17
By letter dated October 11, 1994, which was received by the
Defendants on October 14, 1994, the Defendants were advised of the
termination of the Lease giving them fifteen (15) days from the
date of service of the notice within which to vacate the premises.
RESIDENTIAL DWELLING LEAeE
NO.
PLEASE TAKE NOTICE THAT THIS AGREEHENT IS TO BE READ IN DETAIL
PRIOR TO SIGNING. THIS LEASE AGREEHENT ALSO PROVIDES FOR CERTAIN
WAIVERS WHICH ARE SPECIFIED HEREIN IN HORE OETAIL. IN SIGNING THIS
AGREEHENT, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND
ANY AND ALL PROVISIONS HEREIN.
THIS AGREEHENT made this I day of ~~tfJL). 19~'
by and between THE HOUSING AUTHORITY OF THE CO~ O~ CUH~^ND ~
(hereinafter referred to as "HANAGEHENT") and /YV) a.-.. :(0/0.
relying on the representations made to it by Tenant aa to Tenant's
household composition and the employment and income levels of Tenant and
all members of Tenant's household, and in consideration of the rentals
herein reserved,
WITNESSETH, That Hanagement does hereby lease to Tenant and Tenant
does hereby hire from Hanagement, upon all Terms and Conditions set forth
herein, for the sole use and occupancy of Tenant and members of Tenant's
household named herein, the premises known and described as follows
(hereinafter referred to as "PREMISES")
D.U, NO. I
NO. OF BEDROOHS :)
PROJECT-t;,'Pf/ lhn7~(ln I
ADDRESS ,1'j/,5" AI fJIii. l'\1-
CITy(1/L1\ Pj" ~ 0 STATE (j) tA-. -
HEHBERS OF TENANT'B HOUSEHOLD HAVING RIGHT OF OCCUPANCY.
-
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TERHS AND CONDITIONS
. 1, Term of Leasel Renewal Provisions. This leale, and Tenant's
rioht of occupancy hereunder, shall commence as of /0 / ,
l~nd shall continue for one year, provided, however, that in the
absence of a notice to terminate pursuant to Section 11 herein, this Lease
will automatically be renewed for the successive term of one (1) calendar
month upon payment each month by the Tenant of the rental in the amount
and manner specified in Section 2 herein or in such amount and manner as
may be required by an adjustment that may henceforth be made by endorsement
at the end of this Lease in accordance with the provisions of Section 3
herein,
EXHIBIT
-2-
2. Payments Due Under the Lease
A. Rent--e~r the."period beginning and ending
lit midnillht C-f, 3~1/6J~ shall be $ , payable not
leter~than /O/;(~~. Thereafte , monthly rent in that amount
of S~ 7/ shall be due on or before the first day of each month.
A service charlie of $25.00 will be charged for all rent not paid by the 5th
workinll day of the month.
8, Utilities, Hanagement agrees to furnish cold running water, No
charlie shall be imposed for providinll this utility. Hanagement shall not be
responsible for failure to furnish this utility by reason of any cause
bsyond its control. All utility services not expressly listed herein as to
be furnished by Hanagement shall be furnished, by and at the expense of
tenan t.
C, Hanagement shall furnish Range and Refrigeration appliances and
shall provide routine Haintenance Services, therefore.
D, A schedule of Charges to Tenants for maintenance and repair beyond
normal wear and tear shall be posted in the Management Office. Charges
shall be due and payable the firat day of the second month following the
month in which the charge is incurred.
E. Security Deposit. Tenant agrees to pay to Management a Security
Deposit not to exceed one month's rent or $50.00 whichever is more, The
security depcsit is to be used by Management at the Termination of this
lease toward reimbursement of the cost of repairing any intentional or
negligent damalles to the dwelling unit caused by Tenant, his family, or
dependents, and any rent or other charges owed by Tenant. Payment of the
security deposit is to be made upon occupancy. Hanagement agrees to deposit
such security deposit in an interest-bearing account, creditinll such
interest as may accrue to Tenant's security deposit. Management agrees to
return the security deposit, with such accrued interest as may have been
earned, to Tenant when he vacatea, less any deductions for any of the cost
indicated above, If such deductions are made, Management will give Tenant
a written statement of any such costs for damages and/or other charges to be
deducted from the security deposit. The security deposit may not be used to
pay rent or other charges while Tenant occupies the dwelling unit,
Hanagement shall comply with State law requirements concerning use of
security deposit funds, their placement in interest-bearing unscrew bank
accounts, accountability to Tenant for interest earned thereon, and all
other obligations,
3. Tedetermination of Rent, Dwelling Size & Eligibility
A, Tenant agrees to report any and all changes in family
composition or income to Management within ten (10) days of such change and
to furnish accurate information to Hanagement annually at a time to be set
by Hanallement as to family income, employment and family composition. This
information shell be for the use of Hanagement in determining whether the
rental should be changed, whether the dwelling site is still appropriate
for Tenant's needs and whether Tenant is still eligible to occupy low-rent
housing, Tenant hereby authorizes Hanallement to verify all sources of
income, Any redetermination made as a result of information thus furnished
shall be made in accordance with the approved occupancy and Admission
Policy, copies of which are available in the Management office.
-)-
B. Rentals fixed in Section 2 hereof or as adjusted pursuant to this
Sect~on will remain in effect for the period between rent redetermination
unless it shall be shown that the Tenant has misrepresented or failed to
report to Hanagement the facts upon which his rent is based, in which event
Hanagement reserves the right to redetermine the rent retroactively as of
the date of such misrepresentation or failure to report facts, and to hold
Tenant liable for any additional rent thus determined to be due.
C. In the event Tenant's rent is redetermined pursuant to this
Section, Hanagement shall mail or deliver a "Netice of rent Adjustment" to
Tenant in accordance with Paragraph 10 hereof. In case of a rent decrease,
the adjustment shall become effective the first day of the month following
the change in circumstances, provided that the Tenant has timely reported
such change. In the case of a rent increase, the adjustment will become
effective the first day of the second month following the change, except
that such rent increase may be retroactive where there is a finding of
misrepresentation in accordance with subsection B herein.
D. If the Tenant is ineligible for continued occupancy because of a
change in income or family size, thp Tenant shall not be evicted unless the
Housing Authority 1) has identified for possible rental of the family, a
unit of decent, safe, and sanitary housing at a suitable size available at
a rent not exceeding 30\ of adjusted income or 2) is required to do so by
local law.
If no unit of appropriate size exists, or becomes available in
the Development, the Tenant may be required to vacate the premises within
twelve (12) months after the family size no longer conforms to said
occupancy limits. However, at the end of said 12 month period, if the
Tenant is unable due to special circumstances, to find decent, safe and
sanitary housing within the family's financial means and of the appropriate
unit size after making every reasonable effort to do so, the Cyecutive
Director or his designee, after investigation may permit the Tenant to
continue in occupancy for the duration of such situation, If Tenant is
permitted to continue in occupancy, the Tenant must recognize that the
family has a continuing responsibility to work with Hanagement to obtain
appropriate housing on the private market within Tenant's financial means.
4, Occupancy. Tenant shall have the exclusive right to use and
occupancy of the leased premises, Gueats or visitors of tenant may be
accommodated for a period of up to two weeks every six months. In the event
Tenant wishes to accommodate guests or visitors for periods of two weeks or
more, or to care for foster children, or to provide live-in care of a member
of Tenant's family, Tenant must notify Hanagement in writing, stating the
reasons for such extended accommodations and obtain Hanagement's approval of
such arrangements. Hanagement's decision shall be final.
-4-
5. Obligations of Hanagement. Hanagement shall have the following
obligations under this Lease Agreement.
&, To ~aintain the premises and the project in decent, safe and
sanitary condition,
b. To comply with requirement of applicable building codes,
housing codes, and HUD regulations materially affecting
health and safety,
c. To make necassary repairs to the premises,
d. To keep project buildings, facilities and common areas not
otherwise assigned to the Tenant for maintenance and upkeep,
in a clean and safe condition,
e, To maintain in good and safe working order and condition
electrical, plumbing, sanitary, heating, ventilating, and
other facilities and appliances, supplied or required to be
supplied by Hanagement,
f. To accept rental money without regard to any other charges
owed by the Tenant to Hanagement and to saek separate legal
remedy for the collection of any other charges which may
accrue to Hanagement from Tenant,
6, Obligation of Tenant. Tenant shall have the following obligations
under this Lease Agreement.
a.
b,
c.
Not to assign the lease or sub-lease the premises,
Not to provide accommodations for boarders or lodgers I
To use the premises solely as a private dwelling for Tenant
and Tenant's household as identified in the Lease, and not
to use or permit its use for any other purpose,
To abide by necessary and reasonable regulations promulgated
by the Hanagement for the benefit and well-being of the
housing project and the Tenants, which regulations shall be
posted in the Hanagement Office and which are incorporated by
reference in this Lease, violation of such regulations
conatitutes a violation of this Lease,
To comply with all obligations imposed upon Tenants by
applicable provisions of building and housing codes materials
affecting health and safety,
To keep the premises and such other areas as may be assigned
to Tenant for Tenant's exclusive use, in a olean and safe
oondition, Examples include but are not limited to clearing
snow from walks in case of Tenant's occupying 2, 3, and 4
bedroom unito, All downstairs tenants must remove onow and
ice from door and main sidewalk except at handicapped unit,
The leooee is required to make arrangemento to have the gao
and electric companieo directly notify the Cumberland County
Housing Authority in the event theoe utilitieo are ohut-off
bl'cause of the lessee's' s fail'Ire to pay these bills in a
timely manner.
To dispose of all ashes, garbage, rubbish, and other waste
from the premises in a sanitary and safe manner,
To use only in a reasonable manner all electrical, plumbing,
sanitary, heating, ventilating, and other facilities and
appurtenanctlo,
To refrain from, and to cause Tenant's household and guesto
to refrain from destroying, defacing, damaging, or removing
any part of the premises or project,
To pay reasonable charges (other than for wear and tear) for
the repair of damages to the premioes, project buildingo,
d.
e.
f,
g,
h.
1.
j,
k,
~.._4'''''''''''' __ ..._____ ~_RR_ __.....
-5-
1, To conduct himself or herself, and cause other persons who are
on the premises with Tenant's consent to conduct themselves in
a manner which will not disturb Tenant's neighbors' peaceful
enjoyment of their accommodations and will be conducive to
maintaining the project in a decent, safe and sanitary
condition,
m, To refrain from criminal activity, including drug-related
criminal activity, on or near Public Housing premises. This
prohibition against criminal activity extends to any member of
the Tenanta household or other person under the Tenants control.
n, To permit Hanagement, pursuant to the provisions of Section 9,
entrance to the premises for the purpose of performing periodic
inspections, routine maintenance, for making improvements or
repairs, or to show the premises for re-leasing, (see 9a. of
this Agreement),
0, To promptly notify Hanagement of known need for any repairs to
the leased premises, particularlY of conditions hazardous to
life, health or safety of the occupants, and to noeify
Hanagement of known unsafe conditions in the common areas and
grounds of the project which may lead to damage or injury,
p. To give Hanagement notice in writing when the premises are to be
vacant for two weeks or more, such notice shall not render
Hanagement responsible for any personal property of any nature
or description left in or on the leased premises during Tenant's
absence.
q. To follow all rules and regulations prescribed by the
Management, incorporated herein by this reference thereto,
concerning the use and care of the premises and of any common or
community space in the development.
r. Not to make any repairs or alterations without the written
consent of the Hanagementl not to display any signs whatsoever,
not to use tacks, nails, or screws or other fasteners in any
part inside or outside the premises, or to affix, attach, or in
any manner erect, construct or inatall poles, pipes, rods, or
wires to any part inside or outside of the premises, including
but not limited to the use of tacks, nails or other fasteners
or cement for the laying of, carpet, rugs or linoleum on the
floor of Tenant's dwelling unit, except in the manner prescribed
by the Hanagement.
s. To pay all necessary legal fees expended by management for
enforcement of the provisions of this lease agreement.
-6-
/, Defects Hazardous to Life, Health or Safety.
In the event that the premises are damaged to the extent that
conditions are creatp.~ which are hazardous to life, health or safety of the
occupants.
a. Tenant shall immediately notify Management of the damage I
b. Management shall be responsible for repair of the unit within
a reasonable time, provided, that if the damage was caused by
Tenant, Tenant's household or guests, the reasonable cost of
the repairs shall be charged to Tenantl
c. ~anagement shall offer standard alternative accommodations if
available, in circumstances where necessary repairs cannot be
made within a reasonable time,
d, In the event repairs are not made in accordance with
subsection (b) of this section, or alternative accommodations
are not provided in accordance with subsection (c) of this
section, rent shall be abated in proportion to the seriousness
of the damage and loss in value of the premises as a dwelling,
excepting that no abatement of rent shall occur if Tenant
rejects the alternative accommodation or if the damage was
caused by Tenant, Tenant's household or guests.
8, Pre-Occupancy and Pre-Termination Inapections
a, Hanagement and Tenant or Tenant's representative shall
inspect the premises prior to commencement of occupancy by
Tenant. Hanagement shall furnish Tenant with a written
statement of the condition of the premises, the dwelling unit
and the equipment provided with the unit. The statement shall
be signed by Hanagement in the Tenant's folder
b, At the time Tenant vacates, Hanagement shall inspect the unit
and shall furnish Tenant with a statement of any charges to be
made in accordance with subsection 6 (j). Hanagement shall
notify Tenant of the inspection, and Tenant and/or Tenant's
representative may join in such inspection unless Tenant
vacates the premises without prior notice of Hanagement,
9, Entry of Premises During Tenancy
a. Hanagement shall, upon reasonable advance notification to
Tenant, be permitted to enter the dwelling unit during
reasonable hours for the purpose of performing routine
inspections and maintenance, (Including extermination
service) for making improvements or repairs, oc to show the
premises for re-leasing. A written statement speCifying the
purpose of Hanagement entry delivered to the premises at
least two days before such entry shall be considered
reasonable advance notification,
b, Hanagement may enter the premises at any time without
advance notification where there is reasonable cause to
believe that an emergency existsl
c. In the event that the Tenant and all adult members of Tenant's's
household are absent from the premises at the time of entry,
Hanagement shall leave on the premises a written statement
specifying the date, time and purpose of entry prior to
leaving the premises.
-8-
12, Grievance Procedure
All disputes concerning the obligation3 of the Tenant or
Manage.ent under this Lease shall be processed and Resolved pursuant to the
Grievance Procedure of Management in effect at the time such grievances or
appeal arises, which procedures are to be poated in the Management Office
and are incorporated herein by reference,
13, Waiver
By failure to exercise any available right or remedy as is
provided herein, neither Hanagement nor Tenant shall waive the right to do
so at a later date for similar or other causes,
14, Hodi fications
Any modification of this lease shall be accomplished by a
written rider to the lease exocuted by Hanagement and Tenant, except for
rent redeterminations, which are to be accomplished by the procedures in
Section 3 herein and schedules of special charges for services, repairs and
utilities and rules and regulation which are incorporated in the lease by
reference, which are to be publicly posted in a conspicuous manner in the
Project Office and shall be furnished to Tenant on request. If such
schedules, rules and regulations shall be modified, the Management shall
give at least a 30-day written notice to each affected Tenant setting forth
the proposed modification, the reasons therefore and provide the Tenant an
opportunity to present written comments which shall be considered by
Hanagement prior to the effective date of the proposed modifications.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hand and seals the day and year first above written.
Witness
x
~~;,p:;d:~;Z.
A G P. E E MEN T
I, f!z-;fdr1ten~.IflW , ag.:ee that I am
S 150'7 .GD behind in the payment of rent. I Ioo'ill mal-:e
I
F~:';;1ents to the Housing Authodt}' of the County of Cumbe!'land
a.:,;ording to foll::-"'ing schedule to become current in my r<:l:':t,
De te
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j],u:; ~ :~/8d
Tota 1
Sign~ / / ~__~
~,nvft:"')6. /~/~)sL
(Tenant)
Date: 2-~0- 9/
I
;:-.:'.I~./:::~::: '!'o .~.::ID::: _. ,.,..~~c:: S:C::=:~l'!.E 0;:: TO ST.:;Y CU~~::::T ::, ':~:'?
i\1::::T \';ILL RES,':LT :;1; EV;:CTIO:. PROCEEDINGS BEING FILED A.".~,:::.:: ',OU:
EXHIBIT
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that the language of the document purports to advise the signor
that failure to abide by the schedule or to stay current in the
rent will result in eviction proceedings, It is denied that this
language applies to Defendant, Kimberly Barnes, So far as the
allegution may apply to the effect of the language of the
document, such allegation is a conclusion of law which requires
no response,
9, Admitted that is the language of the instrument. The
lease is an integrated document which purports to speak for
itself and any allegations inconsistent with the language of the
instrument itself Are specifically denied, Any allegations as to
the effect of the language are conclusions of law which require
no response,
10, Admitted that is the language of the instrument. The
lease is an integrated document which purports to speak for
itself and any allegations inconsistent with the language of the
instrument itself are specifically denied, Any allegations as to
the effect of the language are conclusions of law which require
no response,
11, Admitted that is the language of the instrument, The
lease is an integrated document which purports to speak for
itself and any allegations inconsistent with the language of the
instrument itsalf are specifically denied, Any allegations as to
the effect of the language are conclusions of law which require
no response,
12, Admitted in part and denied in part, It is denied that
no past-due rent was received for th~ month of December 1993, It
is denied that that no past-due rent was received for the month
of January, 1994, It is denied that no past-due rent was
received for the month of March, 1994, It is denied that no
past-due rent was received for the month of July, 1994, It is
denied that no past-due rent was received for the month of
August, 1994, It is denied that no past-due rent was received
for the month of October, 1994,
13, Admitted in part and denied in part, It is admitted
that rent was not paid on or before the fifth working day of the
month(s) of July, 1994 and August, 1994, It is denied that rent
was not paid on or before the fifth working day of the months of
January, 1994 and october, 1994,
14, Admitted that Exhibit C is a copy of a correspondence by
Plaintiff which Defendants received, with respect to the remainder
of the averment, the leaso is an integrated document which
purports to speak for itself and any allegations inconsistent
with the language of the instrument itself are specifically
denied, Any allegations as to the effect of the language are
conclusions of law which require no response,
15, Admitted that Exhibit D is a copy of a correspondence by
Plaintiff which Defendants received, with respect to the
remainder of the averment, the letter is an integrated document
which purports to speak for itself and any allegations
inconsistent with the language of the instrument itself are
specifically denied, Any allegations as to the effect of the
language are conclusions of law which require no response,
16, Admi tted that is the language of the instrument, The
lease is an integrated doucment which purports to speak for
itself and any allegations inconsistent with the language of the
instrument itself are specifically denied, Any allegations as to
the effect of the language are conclusions of law which require
no response.
17, Admitted that Exhibit E is a copy of a correspondence by
plaintiff which Defendants received, with respect to the
remainder of the averment, the letter is an integrated document
which purports to speak for itself and any allegations
inconsistent with the language of the instrument itself are
specifically denied, Any allegations as to the effect of the
language are conclusions of law which require no response,
18, Denied, It is denied that as of December i, 1994, the
amounts averred were due and owing to Plaintiff, It is
specifically denied that Plaintiffs owe Seventy-one Dollars
($71.00) for December rent. It is specifically denied that
Plaintiff is entitled to attorney's fees and it is also
specifically denied that Eight Hundred Dollars ($800,00) in past
due rent is owed,
NEW MATTER
19, Exhibit B of Plaintiff's Complaint, incorporated by
reference herein, does not contain an acceleration clause,
81!lTOFF
20, On May 21, 1994, Defendants had a child, which
increased the sizo of Defendants' household,
21. Shortly after the birth of the child, Defendants
notified Plaintiff of the change in household size,
22, Prior to the birth of the child, Plaintiffs had notified
Plaintiffs' agents that they were expecting and inquired whether
a larger apartment unit was available and whether there would be
any changes in rent,
23, Plaintiffs' agents were told by Defendants that they
were expecting twins, however, only one child survived,
24, Despite notification by Defendants of the change in
household composition, Plaintiff has not recalculated the monthly
rental payment and the monthly rental payment has remained at the
same rate as it was prior to May 21, 1994,
25, Paragraph 3 (AI of the rental agreement attached as
Exhibit A of Plaintiffs' Complaint and incorporated by reference
herein, provides that the Tenant is to report any and all changes
in family composition, or income to Management within ten (10)
days of such change, which information shall be used by
Management in determining whether the rental (sic) should be
changed, whether the dwelling is still appropriate for Tenant's
needs and whether Tenant is still eligible for low-rent housing,
26, Paragraph 3(C) of the above-referenced rental agreement
provides that in the event Tenant's rent is redetermined,
HOUSING AUTHORITY OF THE
COUNTY OF CUMBERLAND,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 94-6909 CIVIL TERM
:
: CIVIL ACTION - LAW
:
:
:
v
HOWARD BARNES and
KIMBERLY BARNES,
Defendants
NOTICI!:
You have been sued in Court. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by an attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so, the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOK TO rIND OUT HHERE
YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
717 -240-6200
premises at 315 North pitt Street, Carlisle, Cumberland County,
Pennsylvania, to the Defendants for a period of one year. A copy
of said Residential Dwelling Lease is marked as Exhibit A, attached
hereto and incorporated herein by reference.
S
The Defendants had been occupying the aforesaid premises at 315
North Pitt Street (hereinafter the "Premises") prior to October 1,
1992 pursuant to a prior Residential Dwelling Lealie and said
Defendants had fallen behind in the payment of rent.
6
On or about March 26, 1991, the Defendants agreed to repay a past-
due rental of $1,567 in accordance with a schedule of $20 per
month. Attached hereto and marked as Exhibit B is a copy of said
Repayment Agreement, which is incorporated herein by reference
thereto.
7
As of the date of the execution of the attached Residential
Dwelling Lease on October 1, 1992, the Defendants were abiding by
the Repayment Schedule,
B
The aforesaid rental Repayment Agreement provides that the failure
to abide by the schedule or to stay current in the rent will result
in eviction proceedings being filed against the Defendants.
9
Paragraph 111A) of the Lease Agreement provides that the landlord
may terminate the Leaee for failure to make payments due under the
Lease,
10
Paragraph 2(A) of the Lease Agreement provides that rent shall be
due on or before the first day of each and every month with a
service charge of $25 to be added if rent is not paid by the fifth
working day of the month,
11
Paragraph 6(S) of the Lease Agreement provides that tenants shall
pay all necessary legal fees expended by management for enforcement
of the provisions of the Lease Agreement.
12
The Defendants have failed to pay rent in accordance with the
Repayment Agreement of March 26, 1991, as followsl
A. No past-due rent was received for the months of December 1993,
January 1994, March 1994, July 1994, August 1994, and October 1994.
13
The Defendants have failed to pay the dwelling rent due and owing
under the Lease Agreement as follows I
A, Rent has not been paid on or before the fifth working day of
each and every month for the months of January 1994, July 1994,
August 1994, and October 1994,
RESIDENTIAL DWELLING LEASE
NO,
PLEASE TAKE NOTICE THAT THIS AGREEHENT IS TO BE READ IN DETAIL
PRIOR TO SIGNING, THIS LEASE AGREEMENT ALSO PROVIDES FOR CERTAIN
WAIVERS WHICH ARE SPECIFIED HEREIN IN MORE DETAIL, IN SIGNING THIS
AGREEHENT, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND
ANY AND ALL PROVISIONS HEREIN,
THIS AGi'.llEHENT made this ( day of {!jf}/-..,flI-f)).J' 192.1-.
by and between THE HOUSING AUTHORITY OF THE COU~ O~ CUH~AND ~
(t.erflinafter referred to as "MANAGEHENT") and /YV) Q..,. '4.rz;A.
relying on the representations made to it by Tenant as to Tenant's
household compOSition and the employment and income levels of Tenant and
all members of Tenant's household, and in consideration of the rentals
herein reserved,
WITNESSETH, That Hanagement does hereby lease to Tenant and Tenant
does hereby hire from Hanagement, upon all Terms and Conditions set forth
herein, for the sole use and occupancy of Tenant and members of Tenant's
household named herein, the premises known and described as follows
(hereinafter referred to as "PREHISES")
D,U, NO, I
PROJECT tP f/ 1 ~n7 ){l () .I
ADDRESS (tj/,5'" AI fJ.li:!.
CITy(11:U\ p ~ 0
NO. OF BEDROOMS
:)
(\i.
STATE
fP .$A .
~
MEHBERS OF TENANT'S HOUSEHOLD HAVING RIGHT OF OCCUPANCY.
-
'1+{7 J V 't C() .. l3a h/'K ~./:J I.. J.J) .)
~;"<'~~7dl{', D,J~/I.> L3aMl0 ./
TERMS AND CONDITIONS
1, Term of Lease, Renewal Provisions, This le~e, and Tenant's
r~!!.t of occupancy hereunder, shall commence as of /CJ / ,
l~nd shall continue for one year, provided, however, that in the
absence of a notice to terminate pursuant to Section 11 herein, this Lease
will automatically be renewed for the successive term of one (1) cLlendar
month upon payment each month by the Tenant of the rental in the amount
and manner specified in Section 2 herein or in such amount and manner as
may be required by an adjustment that may henceforth be made by endorsement
at the end of this Lease in accordance with the proviSions of Section 3
herein.
EXHIBIT
I
It
(ti(
-2-
2, Payments Due Under the Lease
A. Rent....,(or the,,period beginning ~') /J Ict'-;J. and ending
at midnight ~7 3tJIt!:;! '=) shall be S (7/ ' payable not
later.:4.than /o';jf<',l::-<. . Thereafte, monthly rent in that amount
of S~ 7/ shall be due on or before the first day of each month,
A service charge of $25.00 will be charged for all rent not paid by the 5th
working day of the month.
B, Utilities, Hanagement agrees to furnish cold running water. No
charge shall be imposod for providing this utility. Hanagement shall not be
responsible for failure to furnish this utility by reason of any cause
beyond its control. All utility services not expressly listed herein as to
be furnished by Hanagement shall be furnished, by and at the expense of
tenant.
C. Hanagement shall furnish Range and Refrigeration appliances and
shall provide routine Haintenance Services, therefore.
D. A schedule of Charges to Tenants for maintenance and repair beyond
normal wear and tear shall be posted in the Hanagement Office. Charges
shall be due and payable the first day of the second month following the
month in which the charge is incurred.
E. Security Deposit, Tenant agrees to pay to Hanagement a Security
Deposit not to exceed one month's rent or $50.00 whichever is more. The
security depOSit is to be used by Hanagement at the Termination of this
lease toward reimbursement of the cost of repairing any intentional or
negligent damages to the dwelling unit caused by Tenant, his family, or
dependents, and any rent or other charges owed by Tenant. Payment of the
security deposit is to be made upon occupancy. Hanagement agrees to deposit
such security deposit in an interest-bearing account, crediting such
interest as may accrue to Tenant's security deposit. Hanagement agrees to
return the security deposit, with such accrued interest as may have been
earned, to Tenant when he vacates, less any deductions for any of the cost
indicated above, If such deductions are made, Hanagement will give Tenant
a written statement of any such costs for damages and/or other charges to be
deducted from the security deposit, The security deposit may not be used to
pay rent or other charges while Tenant occupies the dwelling unit,
Hanagement shall comply with State law requirements concerning use of
security deposit funds, their placement in interest-bearing unscrew bank
accounts, accountability to Tenant for interest earned thereon, and all
other obligations.
3, Tedetermination of Rent, Dwelling Size & Eligibility
A. Tenant agrees to report any and all changes in family
composition or income to Hanagement within ten (10) days of such change and
to furnish accurate information to Hanagement annually at a time to be set
by Hanagement as to family income, employment and family composition. This
information shall be for the use of Hanagement in determining whether the
rental should be changed, whether the dwelling site is still appropriate
for Tenant's needs and whether Tenant is still eligible to occupy low-rent
housing, Tenant hereby authorizes Hanagement to verify all sources of
income, Any redetermination made as a result of information thus furnished
shall be made in accordance with the approved occupancy and Admission
Policy, copies of which are available in the Hanagement office.
-3-
B, Rentals fixed in Section 2 hereof or as adjusted pursuant to this
Section will remain in effect for the period between rent redetermination
unless it shall be ehown that the Tenant has misrepresented or failed to
report to Hanagement tho facts upon which his rent is based, in which event
Hanagement reserves the right to redetermine the rent retroactively as of
the date of such misrepresentation or failure to report facts, and to hold
Tenant liable for any additional rent thus determined to be due,
C, In the event Tenant's rent ia redetermined pursuant to this
Bection, Hanagement shall mail or deliver a "Notice of rent Adjustment" to
Tenant in accordance with Paragraph 10 hereof, In case of a rent decrease,
the adjustment shall become effective the first day of the month following
the change in circumstances, provided that the Tenant has timely reported
such change. In the case of a rent increase, the adjustment will become
effective the first day of the second month following the change, except
that such rent increase may be retroactive where there is a finding ~f
misrepresentation in accordance with subsection B herein.
D. If the Tenant is ineligible for continued occupancy because of a
change in income or family size, the Tenant shall not be evicted unless the
Housing Authority 1) has identified for possible rental of the family, a
unit of decent, safe, and sanitary housing at a suitable size available at
a rent not exceeding 30\ of adjusted income or 2) is required to do SO by
local law,
If no unit of appropriate size exists, or becomes available in
the Development, the Tenant may be required to vacate the premiees within
twelve (121 months after the family size no longer conforms to said
occupancy limits, However, at the end of said 12 month period, if the
Tenant is unable due to special circumstances, to find decent, safe and
sanitary housing within the family's financial means and of the appropriate
unit size after making every reasonable effort to do so, the Executive
Director or his designee, after investigation may permit the Tenant to
continue in occupancy for the duration of such situation. If Tenant is
permitted to continue in occupancy, the Tenant must recognize that the
family has a continuing responsibility to work with Hanagement to obtain
appropriate housing on the private market within Tenant's financial means,
4, Occupancy. Tenant shall have the exclusive right to use and
occupancy of the leased premises, Guests or visitors of tenant may be
accommodated for a period of up to two weeks every six months, In the event
Tenant wishes to accommodate guests or visitors for perioda of two weeks or
more, or to care for foster children, or to provide live-in care of a member
of Tenant's family, Tenant must notify Hanagement in writing, stating the
reasons for such extended accommodations and obtain Hanagement's approval of
such arrangements, Management's decision shall be final.
-4-
5, Obligations of Hanagement, Hanagement shall have the tollowing
obligations under this Lease Agreement.
a, To maintain the premiBes and the project in decent, safe and
sanitary condition,
b, To oomply with requirement of applicable building codsB,
housing codeB, and HUD regulationB materially affeoting
health and safety,
o. To make neoeBBary repairB to the premiBes,
d, To ksep project bUildings, tacilitieB and common areas not
otherwise assigned to the Tenant for maintenance and upkeep,
in a clean and safe oondition,
e. To maintain in good and Bate working order and condition
eleotrioal, plumbing, sanitary, heating, ventilating, and
other facilities and applianoes, supplied or required to be
Bupplied by Management,
f, To aocept rental money without regard to any other charges
owed by the Tenant to Management and to seek separate legal
remedy for the colleotion of any other charges whioh may
accrue to Hanagement from Tenant.
6. Obligation of Tenant, Tenant shall have the follOWing obligations
under this Lease Agreement.
a. Not to assign the lease or sub-lease the premises,
b. Not to provide accommodatior.s for boarders or lodgers,
o. To use the premises solely as a private dwelling tor Tenant
and Tenant's household as identified in the Lease, and not
to use or permit itB use for any other purpose,
d. To abide by necessary and reasonable regulations promulgated
by the Hanagement for the benefit and well-being ot the
houBing project and the Tenants, which regulations shall be
posted in the Management Office and which are incorporated by
referenoe in this Lease, violation of Buch regulations
constitutes a violation of thiB Lease.
e. To comply with all obligations impoBed upon Tenants by
applicable provisiona of bUilding and housing codes materials
affeoting health and Bafety.
f, To keep the premiBes and Buoh other areas as may be assigned
to Tenant for Tenant'B exclusive use, in a clean and safe
condition, Examples include but are not limited to clearing
snow from walks in caBe of Tenant's oocupying 2, 3, and 4
bedroom units. All downBtairs tenants must remove snow and
ice from door and main Bidewalk except at handicapped unit.
g. The lesBee is required to make arrangements to have the gas
and electrio companieB rlirectly notify the Cumberland County
Housing Authority in the event these utilities are shut-otf
becauBe of the leBsee's'B failure to pay these bills in a
timely manner.
h. To diBpose of all ashes, garbage, rubbish, and other waste
from the premises in a sanitary and safe manner,
i. To use only in a reasonable manner all electrioal, plumbing,
sanitary, heating, ventilating, and other facilities and
appurtenances.
j. To refrain from, and to cauue Tenant's household and guests
to refrain from destroying, defacing, damaging, or removing
any part of the premises or project,
k. To pay reasonable charges (other than for wear and tear) for
the repair of damages to the premises, project bUildings,
facilities or common areas caused by Tenant, Tenant's
household or guests in accordance with a schedule of charges
..... ................ .. _ ~ L.. ,...... . _"."..
-5-
1. To conduct himself or herself, and cause other persons who are
on the premises with Tenant's consent to conduct themselves in
a manner which will not disturb Tenant's neighbors' peaceful
enjoyment of their accommodations and will be conducive to
maintaining the project in a decent, safe and sanitary
condition,
m, To refrain from criminal activity, inclUding drug-related
criminal activity, on or near Public Hou~ing premises. This
prohibition against criminal activity extends to any member of
the Tenants household or other person under the Tenants control.
n, To permit Management, pursuant to the provisions of Section 9,
entrance to the premises for the purpose of performing periodic
inspections, routine maintenance, for making improvements or
repairs, or to show the premises for re-leasing, (see 9a. of
this Agreement),
o. To promptly notify Management of known need for any repairs to
the leased premises, particularly of conditions hazardous to
life, health or safety of the occupants, and to notify
Management of known unsafe conditions in the common areas and
grounds of the project which may lead to damage or irjury,
p, To give Hanagement notice in writing when the premises are to be
vacant for two weeks or more, such notice shall not render
Management reaponsible for any personal property of any nature
or description left in or on the leased premises during Tenant's
absence.
q, To follow all rules and regulations prescribed by the
Management, incorporated herein by this reference thereto,
concerning the use and care of the premises and of eny common or
community space in the development,
r, Not to make any repairs or alterations without the written
consent of the Management, not to display any signs whatsoever,
not to use tacks, nails, or screws or other fasteners in any
part inside or outside the premises, or to affix, attach, or in
any manner erect, construct or install poles, pipes, rods, or
wires to any part inside or outside of the premises, including
but not limited to the use of tecks, nails or other fasteners
or cement for the laying of. carpet, rugs or linoleum on the
floor of Tenant's dwelling unit, except in the manner prescribed
by the Management,
s. To pay all necessary legal fees expended by management for
enforcement of the provisions of this lease agreement.
-6-
7, Defects Hazardous to Life, Health or Safety,
In the event that the premises are damaged to the extent that
conditions are created which are hazardous to life, health or safety of the
occupants.
a. Tenant shall immediately notify Management of the damage,
b. Management shall be responsible for repair of the unit within
a reasonable time, provided, that if the damage was caused by
Tenant, Tenant's household or guests, the reasonable cost of
the repairs shall be charged to Tenant,
c, Management shall offer atandard alternative accommodations if
available, in circumstances where necessary repairs cannot be
made within a re~sonable time,
d, In the event repairs are not made in accordance with
subsection (b) of this section, or alternative accommodations
are not provided in accordance with subsection (c) of this
section, rent shall be abated in proportion to the seriousness
of the damage and loss in value of the premises as a dwelling,
excepting that no abatement of rent shall occur if Tenant
rejects the alternative accommodation or if the damage was
caused by Tenant, Tenant's household or guests,
8, Pre-Occupancy and Pre-Termination Inspections
a, Management and Tenant or Tenant's representative shall
inspect the premises prior to commencement of occupancy by
Tenant. Management shall furnish Tenant with a written
statement of the condition of the premises, the dwelling unit
and the equipment provided with the unit. The statement shall
be signed by Management in the Tenant's folder
b, At the time Tenant vacates, Management shall inspect the unit
and shall furnish Tenant with a statement of any charges to be
made in accordance with subsection 6 (j), Management shall
notify Tenant of the inspection, and Tenant and/or Tenant's
representative may join in such inspection unless Tenant
vacates the premises without prior notice of Man~gement,
9, Entry of Premises During Tenancy
a, Management shall, upon reasonable advance notification to
Tenant, be permitted to enter the dwelling unit during
reasonable hours for the purpose of performing routine
inspections and maintenance, (Including extermination
service) for making improvements or repairs, or to show the
premises for re-leasing. A written statement specifying the
purpose of Management entry delivered to the premises at
least two days before such entry shall be considered
reasonable advance notification,
b. Management may enter the premises at any time without
advance notification where there is reasonable cause to
believe that an emergency exists,
c, In the event that the Tenant and all adult members of Tenant's's
household are absent from the premises at the time of entry,
Management shall leave on the premises a written statement
specifying the date, time and purpose of entry prior to
leaving the premises.
.",..
en
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2l
Denied. Plaintiff had not been made aware of the birth of
Defendants' child until a routine inspection of the Defendants'
premises by Plaintiff's agents occurred on or about July 19, 1994,
at wnich time Plaintiff's agents were advised as to the birth of
the child. By way of further answer, the Defendants were advised
to schedule an appointment with Plaintiff' s housing office to
provide copies of bi~th information either in the form of hospital
birth records or a birth certificate and to provide income
verification, Defendants were specifically advised that this
information was necessary before any modification to the rental
amount could be made, To date, Defendants have failed to provide
the requested birth verification information initially requested by
Plaintiff's agents,
22
Admitted.
23
Admitted.
24
Denied in part and admitted in part, It is specifically denied
that Defendants have provided to Plaintiff the requested copy of
birth records or birth certificate necessary to recalculate the
monthly rental payment, which would, if properly provided, have
constituted proper notification, It is admitted that the monthly
through 27 of Plaintiff's Answer to New Matter and Setoff are
incorporated herein by reference.
29
Defendants are in violation of Paragraph 3(A) of the Lease
Agreement, Exhibit A to Plaintiff's complaint, in that they have
failed to properly report the change in family composition to
management, which included providing birth records or birth
certificates and income verification.
30
Defendants are not entitled to a claim for setoff for a rent
decrease in that they have breached the Lease in failing to provide
the necessary information required pursuant to Paragraph 3 of the
Lease Agreement and, accordingly, no adjustment for any rent
decrease, if any, ie to made in that the Defendants have not
"timely reported" or properly reported the change in circumstance
regarding the birth of their child,
31
Defendants are not entitled to a claim for setoff in that they are
guilty of laches.
32
Defendants are aware that the Leaee provides in paragraph 3(A) that
they are to report any change in family income within ten (10) days
of such change.
33
On or about August 1, 1994 Defendants' income increased and
Defendants did not providi: timely notice to Plaintiff in accordanoe
with paragraph 3(A) of the Leasel in faot, Defendants did not give
notice of the increase in income until November of 1994.
34
It is believed and therefore averred that the Defendants knew when
requested to provide income verification, see Exhibit C to
Plaintiff's complaint, that their income had in fact increased and
that this would rssult in an increase in their monthly rent and for
this reason they had failed to promptly report any increase in
inoome,
35
Plaintiff has caloulated what effect the increase in income would
have on Defendants' rent if DefendantR had properly provided
information regarding the birth of their child with the result
being that the rent would inorease to $165 per month. Attaohed
hereto and marked as Exhibit A is a copy of the rent adjustment,
whioh is incorporated herein,
36
Paragraphs 3(8) and (C) of the Lease would permit a retroaotive
applioation of the rent inorease to August 1, 1994, Attached
hereto and marked as Exhibit 8 is a copy of the Notice of Rent
Adjustment, which is incorporated herein,
'..,
lIutk~hed Al C;lIIl11'lIlllll\ '1'", :t""IIl1l1l l'nYlnclll ('I''I'l')
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instrument itself are specifically denied. Any allegations as to
the effect of the language are conclusions of law which require
no response.
33. Denied. It is specifically denied that Defendants did
not provide timely notice to Plaintiff. Rather, the proof of
income requested by Plaintiff from a third party was dated
November 2, 1994 and was provided t., Plaintiff within ten (10)
days of receipt of such notification. A true and correct copy of
such notification is attached hereto as Exhibit "A", and
incorporated herein by reference.
34. Denied. It is specifically denied that Defendants knew
whether their income had increased at the time that the income
verification was requested and that they failed to produce income
verification when it was requested to avoid an increase in
monthly rent. Rather, Defendants had no specific knowledge or
information about an increase in income at the time it was
requested by Plaintiff.
35. Denied. Upon reasonable investigation, Defendants are
without sufficient information to formulate a response to
Paragraph 34 and the vague and conclusory allegations contained
therein are likewise denied. Strict proof thereof, if relevant,
will be demanded at trial.
35. Denied. Upon reasonable investigation, Defendants are
without sufficient information to formulate a response to
Paragraph 35 and the vague and conclusory allegations contained
therein are likewise denied. With respect to Exhibit A,
Defendants arc without sufficient information to formulate a
response as to the accuracy of said Exhibit and the conclusory
statements and figures contained therein are likewise denied.
36. Admitted in part and denied in part. The lease is an
integrated document which purports to speak for itself and any
allegations inconsistent with the language of the instrument
itself are specifically denied. Any allegations as to the
effect of the language are conclusions of law which require
no response. with respect to Exhibit B, it is admitted only
that Exhibit B is a copy of the notice which was sent to
Defendants. The legal effect of Exhibit B is specifically
denied.
37. The averments of paragraph 37 are conclusions of law
to which no responsive pleading is required.
38. The averments of paragraph 38 are conclusions of law
to which no responsive pleading is required. with respect to
Exhibit C, upon reasonable investigation, Defendants are
without information sufficient to determine the accu..'lcy of the
vague and conclusory statements and numerical amounts in Exhibit
C, and thus deny the authenticity and accuracy of Exhibit C.
strict proof thereof, if relevant, will be demanded at trial.
Respectfully submitted,
Date:
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GRIFFIE & A aCIATES I
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~nn fer C. Deitchman, Esquire
200 North Hanover street
CarliSle, PA 17013
(717) 243-5551
By:
Attorney for Defendants
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3. The cause of action filed at No. 94-6909 has not yet
gone beyond the pleading stage, and the Barnes expect that the
pleadings may close as of April 3, 1995 when they expect to file
an Answer to New Hatter to Claim for Setoff.
4. On April 3, 1995, the Barnes filed a complaint under the
Fair Housing Act of 1968 and Civil rights Act of 1866 against
Housing Authority and its rental agent, Cathy S. Graver. Said
complaint is filed at No. 9 f- /In'l 7
5. The nature of thie complaint and inclusion of Cathy S.
Graver as a defendant was such that the Barnes could not
accomplish the same through a counter-claim against the Housing
Authority on the action for possession.
6. Both actions, however, concern the lease of the premises
located at 315 North Pitt street and the parties' respective
actions concerning the lease arrangement, as well as an agreement
entered into by the parties for repayment of back rent.
7. It is therefore submitted that both actions concern
common questions of law and fact and that consolidation of the
two actions would promote judicial economy and avoid unnecessary
costs or delay.
8. The Barnes, by and through their counsel, have made
counsel for the Housing Authority aware of their intention to
make this motion, and no objection has been heard from counsel
for the Housing Authority.
WHEREFORE, Howard and Kimberly Barnes r~spectfully request
that the above two actions be consolidated for both docketinq and
purposes.
Respectfully submitted,
GRIFFIE , ASSOCIATES
By:
J tchman, Esq.
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
Attorneys for Howard and
Kimberly Barnes
Date I o,d j /lfs