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HomeMy WebLinkAbout13-5923 Supreme Co nnsylvania C t.COi11t10 leas For Prothonotary Use Only: C lit^ y t Docket No: CuMLli�Yt7,•.. County 13- 59,3 The information collected on this form is used solely for court administration purposes. This form does not supplement or'replace the filing and sere ice ofpleadings or other papers as required by law or rules oJ'court. Commencement of Action: S. 0 Complaint ❑ Writ of Summons ❑ Petition E [] Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: ORCHARD ASSOCIATES JORYMAR BORRERO- SANCHEZ T Are money damages requested? ❑Yes 0 No ). Dollar Amount Requested: ❑within arbitration limits (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑Yes © No Is this an MDJAppeal? ❑ Yes I@ No A Name of PlaintiffAppellant's Attorney: JORDAN D.CUNNINGHAM, ESQUIRE ❑ Check here if you have no attorney(are a Self-Represented [Pro Set Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do nor include Maus Torn CONTRACT Ida not Dmhale Jhdymest, CIVIL APPEALS [3 Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance Dept.of Transportation E] Premises Liability e Statutory Appeal:Other S ❑ Product Liability(does not include mars tart) ❑ Employment Dispute: E - ❑ Slander/Libel/Defamation Discrimmahon C ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Too-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: ❑ Ejectment ❑ Common Law/Statutory Arbitration B Eminent Domain/Condemnation ❑ Dedemtory Judgment ❑ Ground Rent ❑ Mandamus ❑ LandontiTenant Dispute ❑Non-Domestic Relations ❑ Mortgages Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warmuto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Tit i e ❑Other: ❑ Medical © Other: _ ❑ Other Professional: Expedited Eviction of Drug Truer ()),dared 1/12011 JORDAN D.CUNNINGHAM,ESQUIRE PA I.D.No. 23144 CUNNINGHAM&CHERNICOFF,P.C. 2320 NORTH SECOND STREET HARRISBURG,PA 17110 TELEPHONE: (717)238-6570 FACSIMILE:(717)238-4809 EMAIL:JCUNNINGHAMr6 CCLAVr'PC.COM ORCHARD ASSOCIATES, IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. NO. 13-5923 _�xl -� r JORYMAR BORRERO-SANCHEZ, CIVIL ACTION-LAW -`'f_ '- Defendant PRAECIPE FOR ISSUANCE OF WRIT OF POSSESSION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Possession against the Defendant and in favor of the Plaintiff in the above stated action, in accordance with the Order entered on October 21, 2013, in the Court of Common Pleas of Cumberland County. A copy of said Order is attached hereto, made part hereof, is incorporated herein by reference and marked Exhibit "P-1". Respectfully submitted, CUNNING. - r & HERNICOFF, P.C. Date: /©/i /i3 By L Jord D. Cunningham, Esquire I.D. #23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) F:\Home\AHEWITT\DOCS\O-P\ORCHARD\BORRERO, JORYMAR 433513\Praecipe Possession 102113.wpd #.2e.s"C) LaL4y O9? Y ORCHARD ASSOCIATES, IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS, CUMBERLAND COUNTY, Plaintiff • PENNSYLVANIA v. • NO. JORYMAR BORRERO-SANCHEZ, • CIVIL ACTION-LAW Defendant • ORDER SP AND NOW, this 11 day of 0 Gt , 2013, after hearing having been held on Plaintiffs Complaint filed pursuant to the Expedited Eviction of Drug Traffickers Act,judgment in favor of Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, and against Jorymar Borrero-Sanchez, for possession of the premises known and numbered as 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania is hereby GRANTED. Defendant and all members of her household are completely evicted from the premises known and numbered as 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania. The Prothonotary is hereby directed to accept and docket a Praecipe for Writ of Possession and transmit the Writ of Possession to the Sheriff of Cumberland County. The Sheriff of Cumberland County is directed to effect the eviction of the Defendant and all members of her household immediately. The Sheriff shall serve the Writ of Possession on the Defendant either by personally serving the Defendant or, in the alternative,by posting the Writ of Possession on the most public or conspicuous portion of the premises known and numbered as 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania. BY THE COURT: \\NCL )\rA\.\ic J. F:\Home\AHEWITT\DOCS\O-P\ORCHARD\BORRERO,JORYMAR 433513\DRUG ORDER 100813.wpd JORDAN D.CUNNINGHAM,ESQUIRE PA I.D.No. 23144 CUNNINGHAM&CHERNICOFF,P.C. 2320 NORTH SECOND STREET HARRISBURG,PA 17110 TELEPHONE: (717)238-6570 FACSIMILE:(717)238-4809 EMAIL:JCUNN NCI AM(ad(CLAWPC.COM ORCHARD ASSOCIATES, IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. NO. 13-5923 JORYMAR BORRERO-SANCHEZ, CIVIL ACTION-LAW Defendant WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA • • COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to the Plaintiff: The apartment premises known and numbered as 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania. (2) To satisfy the costs against: Not applicable. You are directed to levy upon any property of: Not applicable. COS4 . fa? 2.iPalgscicr SEAL OF THE COURT: I. PROTHONOTARY .( e421-414.41-1 DATE: /4/2.3/42_____ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C>,�' vN Asst ,44c5 0frlw/C( Am0y w 5 Plaintiff VS /Vo. 13 - 3tia3 C _ nTl OJ O J�r,..r �elrPll�-.�Aw�llZ 2m y _ Defendant Nr r l_. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN 7 HE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 JORDAN D.CUNNINGHAM,ESQUIRE PA I.D.No. 23144 CUNNINGHAM&CHERNICOFF,P.C. 2320 NORTH SECOND STREET HAJUUSmRG,PA 17110 TELEPHONE: (717)238-6570 FACSIMILE:(717)238-4809 EMAIL:JCUNNINGHAM((17CCLAWPC COM Rio' n ORCHARD ASSOCIATES, IN THE COURT OF COMM# N PLEAS' t/d/b/a ORCHARD APARTMENTS, CUMBERLAND COUNTY,U'> o Plaintiff PENNSYLVANIA V. NO. 3 J fa'3 JORYMAR BORRERO-SANCHEZ, CIVIL ACTION-LAW Defendant COMPLAINT AND NOW comes the Plaintiff, Orchard Associates, t/d/b/a Orchard Apartments by and through its attorneys, Cunningham&Chernicoff, P.C., and files this Complaint in Ejectment and Assumpsit and in support thereof avers as follows: 1. The Plaintiff, Orchard Associates Ud/b/a Orchard Apartments, is a Pennsylvania limited partnership which is registered with the Department of State and has a principal office - located at 2204 Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant,Jorymar Borrero-Sanchez, is an adult individual who resides at 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania. 3. At all times material to Plaintiffs cause of action, the Plaintiff, Orchard Apartments, has been the legal owner of the building and the land on which the building in which the Defendant resides. f 0 3. 75- '�'P" 5-1pi7 A Ll�' .., 7/3 4. On or about April 25, 2012, Defendant, Jorymar Borrero-Sanchez, executed a Lease Agreement by the terms of which the Defendant and all members of her household leased from the Plaintiff a residential apartment, 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania for an initial term beginning on July 1, 2012 and ending on July 31, 2012, after which initial term, the lease continued on successive terms for one(1) month each. Defendant, Jorymar Borrem-Sanchez, occupies an apartment unit which is subsidized under a federal housing program, generally known as the Section 8 Program. A true and correct copy of the Lease Agreement for 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania,together with the Drug Free Housing Addendum, are attached hereto, made part hereof, are incorporated by reference herein, and are marked as Exhibit P-1. 5. On or about September 6, 2013, the Lower Allen Police Department applied for, received, and executed a search warrant for the Defendant's apartment unit. 6. The search of the apartment unit resulted in the discovery of a large amount of controlled substances within the Defendant's apartment unit. 7. The results of the search of Defendant's apartment unit by the Lower Allen Township Police Department lead the Department to conclude that Defendant's apartment unit was being used as a location to conduct illegal drug and substance manufacture and sales in violation of the Controlled Substance Act(Act of April 14, 1972 [P.L. 233 No.64]). 8. Pursuant to the ruling of the Supreme Court of the United States, a tenant who occupies a federally subsidized housing unit is responsible for the drug related criminal activity of their guests and person under their control regardless of whether they knew of the actions and are subject to eviction for such actions. HUD v. Rucker, 535 U.S. 125 (2002). 2 9. The Defendant agreed to abide by the following terms set forth in the Lease Agreement: 13. GENERAL RESTRICTIONS: The Tenant must live in the unit and the unit must be the Tenant's only place of residence. The Tenant shall use the premises only as a private dwelling for himself/herself and the individuals listed on the Certification and Recertification of Tenant Eligibility. The Tenant agrees to permit other individuals to reside in the unit only after obtaining the prior written approval of the Landlord. The Tenant agrees not to:... (c) Engage in or permit unlawful activities in the unit, in the common areas or on the project ground;... 23. Termination of Tenancy:... C. The Landlord may terminate this Agreement for the following reasons:... 3. drug related criminal activity engage in on or new the premises,by any tenant, household member, or guest,and any such activity engaged in on the premises by any other person under the tenant's control; 4. determination made by the Landlord that a household member is illegally using a drug; 5. determination made by the Landlord that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents; 6. criminal activity by a tenant, any member of the tenant's household, a guest or another person under the tenant's control: (a) that threatens the health, safety, or right to peaceful enjoyment by other residents (including property management staff residing on the premises)or 3 (b) that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises;... 10. if the Landlord determines that the tenant, any member of the tenant's household, a guest or another person under the tenant's control has engaged in the criminal activity, regardless of whether the tenant, any member of the tenant's household, a guest or another person under the tenant's control has been arrested or convicted for such activity.... COUNT PETITION PURSUANT TO EXPEDITED EVICTION OF DRUG TRAFFICKERS ACT 10. Plaintiff incorporates paragraphs 1 through 9 of the Complaint as if more fully set forth herein. 11. Plaintiff is a landlord who has standing under Section 155 of the Expedited Eviction of Drug Traffickers Act(hereinafter referred to as "Act"). 35 P.S. §780-155. 12. Plaintiff is of the belief and therefore avers that Defendant, Jorymar Borrero- Sanchez, on September 6, 2013 was, in part, involved in or allowed an unlawful attempt or conspiracy to commit drug-related criminal activity on or within the individual rental unit leased to the Defendant. Additionally, Plaintiff is of the opinion that the leased residential premises and individual rental unit was used or allowed to be used by the Defendant in a way to further or promote drug-related criminal activity and that the Defendant was directly engaged in an unlawful attempt or conspiracy to commit drug-related criminal activity within or on the leased residential premises. 4 13. Plaintiff seeks the jurisdiction of the Court and the expedited proceedings provisions of the Act and requests a hearing on this matter be heard within fifteen(15) days of the date of the filing of the Complaint. 14. Plaintiff is of the opinion and therefore avers that it has set forth adequate grounds for the Court to enter an Order of Eviction and issue a removal Order as against the Defendant, Jorymar Borrero and all other members of the household. 35 P.S. §780-164 and §780-156(b). WHEREFORE, your Plaintiff respectfully requests this Honorable Court to make a finding of grounds for complete eviction,enter an Order of complete eviction and issue a removal Order to be executed by the appropriate law enforcement agency or the Sheriffs Office of Montgomery County,Pennsylvania. Respectfully submitted, CUNNINGHAM &CHERNICOFF,P.C. Date: By kSLr--- PA Supreme Court I.D.No. for Jordan D. Cunningham, Esquire Pennsylvania Supreme Court I.D. No. 23144 2320 North Second Street P.O. Box 60457 Harrisburg,PA 17106-0457 Telephone: (717) 238-6570 F Womd�9,0-PORCI1M OR9FAO,JOAYMFR 4J3513\COhQLA 100833 wpE 5 VERIFICATION I verify that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904,relating to unsworn falsification to authorities. Keith , Site Manager Dated: -rH,E f 41 OMR Approval 2502-0204 (13,0351n(114) MODEL LEASE FOR SUBSIDIZED PROGRAMS 1. Parths and Dwelling Unit:The parties to this Agreement are Orchard Apartments Associates referred to as the Landlord,and Jorymar Borrero-Sanchez external to asthe Tenant.The Landlord bases to the Tenant(s)unitnumber2206J ,locecdat 2204 Cedar Run Drive Camp Hill, Pa 17011 in the project known as Orchard Apartments L Lemgth of Time ITerml:The initial term of this Agreement shall begin on 07'01'2012 and end on 07'31'2012 AM the initial term ends,the Agreement will continue for successive terms of one month to month each unless automatically terminated as permitted by paragraph 23 of this Agreement. 3. Rggt_The Tenant agrees to pay S n/a for the partial month ending on n1a .After then,Tenant agrees to pay a rent of$90.00 per month.This amount is due on the first 0 SO day of the month m Orchard Apartments Rental Office 2204 Cedar Run Drive, Camp Hill, Pa 17011 The Tenant understends that this monthly rent is less than the market(unsubsidized)rent due on this unit This lower rent is available either because the mortgage on this pmject is subsidized by the Department of Housing and Urban Development(HUD) and/or because HUD makes monthly payments to the landlord on behalf of the Tenant. The amount,if any,that HUD makes available monthly on behalf of the Tenant is called the tenant assistance payment and is shown on the"Assistance Payment-line of the Dances Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures form which is Attachment No. I to this Agreement. 4. Changed in the Tenant,$Share of the Rent:The Tenant agrees that the amount of rent the Tenant pays and/car the amount of assistance that HUD pays on behalf of the Tenant may be changed during the tern of this Agreement if: a. HUD or the Contract Administrator(such as a Public Housing Agency)determines,in accordance with HUD procedures,the an increase in rents is needed; b. HUD or the Contra Administrator changes any allowance for utilities or services considered in computing the Tenants 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[hat the 7 man'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 administrative 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 30 days advance written notice of arty 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. 5. Charm for late Payments and Returned Checks:If the Tenant does not pay the full amount of the rent shown in paragraph 3 by the end of the 5th day of the month,the Landlord may Collect a fee of$5 on the 6th day of the month.Thereafter,the Landlord may collect S for each additional day the rent remains unpaid during the month it is due. The Landlord may not terminate this Agreement for failure to pay late charges,but may Imninate th is Agreement for non- payment of rent,as explained in paragraph 23.The Landlord may collect a fee of S See addendum rn the second or any Page 1 of B Form 1t1113.901 D5-a Irarx 12/2007 OMB Approval 2502-0201 (Exp03131/2014) additional time a check is not honored for payment(bounces).The charges discussed in this paragraph are in addition to the regular monthly mot payable by the Tenant. 6 Coalition of Dwelling Unit:By signing this Agreement,the Tenant acknowledges that the unit is safe,clean and in good condition.The Tenant agrees that all Appliances and equipment in the unit arc in good working order,except as described on the Unit Inspection Report,which is Attachment No.2 W 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 Repo". 7. Charon for Udlitia and Services:The following charts describe how the cost of utilities and services related to occupancy of the unit will be paid.The Tenant agrees that these chars accurately describe the utilities and services paid by the Landlord and those paid by the Tenant. a. The Tenant must pay for the utilities in column(1).Payments should be made directly to the appropriate utility company.The items in column(2)are included in the Tenant's rent. 1 2 Put"x''by any Utility Type of Utility .Put an"x"by any utility Tenant pays directl .included in Tenant Rent x Heat X Lights,Electric X Cooking Water g Other—Specify Sewer x Trash Removal x b. The Tenant agrees to pay the Landlord the amount shoes in column(3)on the date the rent is due.The Landlord certifies that HUD had authorized himther to collect the type of charges shown in column(3)and that the amounts shown in column(3)do not exceed the amounts authorized by HUD. 3 Show Amount Tenant Pays to Landlord in Addition to Rent i Parking $ Other(Specify) S S S S 6 Security Deraoaits:The Tenant has deposited$50.00 with the Landlord.The Landlord will hold this security deposit for the period the Tenant occupies the unit.After the Tenant has moved from the unit,the Landlord will determine whether the Tenant is eligible for a refund of any or al:of the security deposit.The amount of the refund will be determined in accordance with the following conditions and procedures. 1 __ Page 2 of a Form I43P90105Sa 1212007 OMB Approval 2502-0200 (Exp 03/31/2014) a. The Tenant will be eligible for a refund ofthe security Deposit only if the Tenant provided the Landlord with the 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. Per State c. The Landlord will refund to the Tenant the amount of the security deposit plus interest computed at beginning in 2 years ,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; (3) charges for late payment of rent and returned checks,as described in paragraph 5;and (4) charges for unremmed keys,as described in paragraph 9 d. The Landlord agrees to refund the amount computed in paragraph Be within 30 (Thirty) days after she Tenant has pemunently moved out ofthe unit,returned possession ofthe unit to she Landlord,and 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.Ifthe 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 die disputed charges. e. tribe 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. L The Tenant understands that the Landlord will not count the Security Deposit towards the last month's rent or towards repair charges owed by the Tenant in accordance with paragraph 11. f. Kevs 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 to Tenant's request to install such locks,the Tenant agrees to provide the Landlord with a key for each lock.When this Agreement ends,the Tenant agrees to return all keys to the dwelling unit to the Landlord.The Landlord may charge the Tenant$ 5.00 for each key not returned. 10. Maintenance: a. The Landlord agrees to: (1) regularly clean all common areas of the project; (2) maintain the common areas and facilities in a safe condition; (3) arrange for collection and removal of trash and garbage; (4) maintain all equipment and appliancer in safe and working order; (5) make necessary repairs with reasonable promptness; (6) maintain exterior lighting in good working order: (7) provide extermination services,as necessary;and (8) maintain grounds and shrubs. b. The Tenant agrees to: (U keep the unit clean; (2) use all appliances,fixtures and equipment in a safe manner and only for the purposes for which they arc intended; (3) not liner the grounds or common areas ofthe project; (4) not destroy,deface,damage or remove any pan ofthe unit,common areas,or project grounds; (5) give the Landlord pmmpr notice ofany defects in the plumbing,fixtures,appliances,heating and cooling equipment or any other pan of the unit or related facilities;and (6) remove garbage and other waste from the unit in a clean and safe manner. 11. • es:Whenever damage is caused by carclessness.misuse,or neglect on the part ofthe Tenant,his/her family or visitors,the Tenant agrees to pay: a the cost of all repairs and do so within 30 days after receipt of the Landlord's demand for the repair charges;and Pagc 3 of8 j Farm HUM0105-a * I 12/2007 OMB Approval 2502A209 (Exp03/31/2014) b. rent for the period the unit is damaged whether or not the unit is habitable.The Tenant understands that FWD will not make assistance payments for my period in which the unit is not habitable.For any such period,the Tenant agrees to pry the HUD- approved market rent rather than the Tenant real shown in paragraph 3 of this agreement. 12. Restrictions on Alterations:No alteration,addition,or improvements shall be made in or in the premises without the prim consent ofthe Landlord in writing.The Landlord agrees to provide reasonable accommodation to an otherwise eligible tenant's disability,including making changes to sales,policies,or procedures,and making and paying for structural alterations to a unit car common areas.The Landlord is not required to provide accommodations that constitute a Pondamental alteration to the Landlord's program or which would pose a substantial financial and administrative hardship.See the regulations a[24 CFR Prat 8.In addition,ifa requested structural modification does pose a substantial financial and administrative hardship,the Landlord must then allow,the tenant to make and pay for the modification in accordance with the Fair Housing Act. 13. General Restriction:The Tenant must live in the unit and the unit must be the Tenant's only place of residence.The Tenant shall use the premises only as a private dwelling for himself/herselfand the individuals listed on the Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures,Attachment 1. The Tenant agrees to permit other individuals to reside in the unit only after obtaining the prior wrirm approval of the Landlord.The Tenant agrees nor in: a. sublet or assign the unit,or my pan of the unit; b. use the unit for unlawful purposes; c. engage in or permit unlawful activities in the unit,in the common areas or on the project grounds; d. have pets or animals of my kind in the unit without the prior written permission ofthe Landlord,but the landlord will allow the return to keep an animal needed as a reasonable accommodation to the tenant's disability,and will allow animals m accompany visitors with disabilities who need such animals as an accommodation to their disabilities;or a. make w permit noises or acts that will disturb the rights or comfort of neighbors.The Tenant agrees to keep the volume of my radio,phonograph,television or musical instrument at a level,which will not disturb the neighbors. 14. Rules:The Tenant agrees to obey the House Rules,which arc Attachment No.3 to this Agreement.The tenant agrees to obey additional rules established after the effective dam of this Agreement if a. the roles are rw.mnably related to the safety, care and cleanliness of the building and the safety,comfort and convenience of the Trawls;and b. the Tenant receives wricen notice of the proposed rule at least 30 days before the rule is mforced. 15. Reealariv Scheduled Recerrlfintions:Every year around the (1 St)F'rst day of March the Landlord will request the Tenant to report the income and composition of the'renant's household and in supply my other information required by HUD for the purposes of determining the Tenant's rent and assistance payment,if any.The Tenant agrees in provide accurate sfatemmis 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 re-compme the amount ofthe Tenant's rent and assistance paymmt,if my. a. If the Tenant does not submit the required recertification information by the dam 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 regulations,handbooks and instructions related in the administration oramfifanny subsidy programs. (1) Requim the Tenant to pay the higher,HUD-appmved market rent for the unit. (2) Implement any increase in rent resulting from the recertification processing without providing the 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 recenificatim processing.Ifthe Tenant requests such a meeling,the Landlord agrees to meet with the Tenant and discuss how the Tenant's rent and assistance payment,if any,were computed. If. Reporting Chances Between Regularly Scheduled Recertification: a. Ifany afthe following changes occur,the Tenant agrees to advin 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 moss recent certification or recertification obtains employment. N,4ofa _ Form HUD 105< Wu 12/200] OMB Appmval 25024204 (Exp 03/3112014) (3) The household's income cumulatively increases by$200 or more a month. b. The Tenant may report any decrease in income or my change in other factors considered in calculating the Tenant's mt. Unless the Landlord has confirmation that the decrease in income or change in other factors will last less than one month,the Landlord will verify the information and make the appropriate rem reduction.However,ifthe Tenant's income will be partially or fully restored within two months,the Landlord may delay the certification process until the new income is known, but the rent reduction wil I be retroactive and the Landlord may not evict the Tenant for nonpayment of rent due during the period of the reported decrease and the completion of the certification process.The Tenant has thirty days after receiving written notice ofany rent due for the above described time period to pay or the Landlord can evict for nonpayment of rent (Revised 322/89) c. If the Tenant does not advise the Landlord of these interim changes,the Landlord may increase the Tenant's rmt 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 my change in income or other factors affected his/her rent or assistance payment,if any.Iffl a Tenant requests such a meeting,the Landlord agrees to meet with the Tenant and explain how the Tenant's rent or assistance payment,Wally,was computed. 17. Removal ofSubsidv: a. The Tenant understands that assistance made available on his/her behalf may be terminated if events in either items I or 2 below occur.Termination of assistance mews that the Landlord may make the assistance available to another Tenant and the Tenant's rent will be re,computed.In addition,if the Tenant's assistance is terminated because of critenon(1)below,the Tenant will be required to pay the HUD-approved market rent for the unit. (1) The Tenant does not provide the Landlord with the information or reports required by paragraph 15 or 16 within 10 calendar days after receipt of the Landlord's notice of intent to terminate the Tenant's assistance payment. (2) The amount the Tenant would be required to pay towards rent and utilities under HUD rules and regulations equals the Family Gross Rent shown on Attachment I. b. The Landlord agrees to give the Tenant written notice of the proposed termination.The notice will advise the Tenant that, during the ten calendar days following the date of the notice,he/she may request to mmt with the Landlord to discuss the proposed termination of assistance.If the Tenant requests a discussion of the proposed termination,the Landlord agrees m meet with the Tenant. c. Termination ofa nistance shall not affect the Tenant's other rights under this Agreement,including the right to occupy the unit.Assistance may subsequently be reinstated if the Tenant submits the income or other data required by HUD procedures, the Landlord determines the Tenant is eligible for assistance,and assistance is available. I8. Tenant Obligation To Remy:If the tenant submits false information on my application,certification or request for interim adjustment or does not report interim changes in family income or Other factors as required by pamgmph 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 net required to reimburse the landlord for undercharges caused solely by the Landlom's failure to follow HUD's procedures for computing rent or assistance payments. 19. Sin of Dwelling:The Tenant understands that HUD requires the Landlord to assign units in accordance with the Landlord's written occupancy standards.These standards include consideration ofunit size,relationship of family members,age and sex of family members and family preference. 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 30 days after the Landlord notifies him/her that unit ofine required size is available within the project or b. remain in the same snit and pay the HU6upproved market rent. 20. Aeneas by Landlord:The I armlord agrees to enter the unit only during reasonable moms,to provide reasonable advance notice of his/her intent to enter the unit,and to enter the unit only after receiving the Tenants consent to do so,except when urgency situations make such notices impossible or except under paragraph(c)below. a. The Tenant consents in advance to the following entries into the unit: (i) The tenant agrees to permit the Landlord,his/her agents or other persons,when authorized by the Landlord,to enter the unit for the purpose of making reasonable repairs and periodic inspections. (ii) After the Tenant has given a notice of intent to move.the Tenant agrees to peril the Landlord to show the unit to prospective tenor during reasonable hours. ° ■ Page 5 of 9 ; __— Form IN0.90105-a mnae, r 1vz6ai OMB Approval 2502-0204 (Exp 03131/2014) b. if the Tenant moves before this Agreement ends,the Landlord may enter the unit to decorate,remodel,alter or otherwise prepare the unit for re-ocmpancy. 21. Discrimination Prohibited:The landlord agrees not m discriminate based upon me,color,religion,creed,National origin,sex, age,familial status,and disability. 22 Choose to Rmhl Aaremomt:The Landlord may,with the prior approval of HUD,change the terns and conditions of this Agreement.Any changes will become effective only at the end ofthe 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 60 days before the proposed effective data 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 b 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 30 days before the proposed change will go into effect.If the Tenant doe not accept the amended agreement,the Landlord may require the Tenant to move from the project,as provided in paragraph 23. 23. Termination of Team": is To terminate this Agreement,the Tmam must give the Landlord 304ays written notice before moving from the unit. b. Any termination oftbis Agreement by the Landlord must be carried out in accordance with HUD regulations,State and local law,and the terms of this Agreement. c. The Landlord may terminate this Agreement for the following reasons: (1) the Tenant's material noncompliance with the terms of this Agreement; (2) the Truant's material failure In carry out obligations under any State Landlord and Tenant AM; (3) drug related criminal activity engaged in on or near the premises,by any tenant,household member,or guest,and any such activity engaged in on the premises by any other person under the tenant's control; (4) determination made by the Landlord that a household member is illegally using a drug; (5) determination made by the landlord that a pattern of illegal use of a drug interferes with the health,safety,or right to peaceful enjoyment of the premises by other residents; (6) criminal activity by a tenant,any member of the tenant's household,a guest or moth"person under the tenant's control: (a) that threatens the health,safety,or right to peaceful enjoyment of the premises by other residents(including property management staff residing on the premises); (b) or that threatens the health,safety,or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; (7) if the tenant is Geeing to avoid prosecution,or custody or confinement after conviction,for a crime,or attempt to commit a crime,that is a felony under the laws of the place front which the individual Daps or that in the case of the Seale of New Jersey is a high misdemeanor, (9) if the tenant is violating a condition ofprobation or parole under Federal or Some law; (9) determination made by the Landlord that a household member's abuse or pattern ofabuse of alcohol threatens the health, safety,or right to peaceful enjoyment ofthe premims by other residents; (10) if the Landlord determines that the tenam,any member of the tenant's household,a guest or another person under the tenant's control has engaged in the criminal activity,regardless of whether the tenant,any member ofthe truant's household,a guest or another person under the tenant's control has been crested or convicted for such activity. d. The Landlord may terminate this Agreement for other good cause,which includes,but is not limited to,the tenant's refusal to accept change to th is agreement.Terminations for"other good cause"may only be effective as of the end of any initial or successive tem. The term material noncompliance with the leam includes:(1)one or more substantial violations ofthe lease;(2)repeated miner violations ofthe lease that(a)disrupt the livability ofthe project;(b)adversely affect the health or safety of any person or the right of any tenant to the quill enjoyment to the leued premises and related project facilities,(c)interfere with the management ofthe prefect.or(d)have an adverse financial effect on the project(3)failure ofthe tenant to timely supply all required information on the income and composition,or eligibility factors,ofthe oenanthousehold(including,but not limited to,failure to meet the disclosure and verification requirements for Social Security Numbers,or failure to sign and submit consent forms for the obtaining ofwage and claim information from State Wage Information Collection Agencies),and(4) Non-payment of rent or any other financial obligation due under the lease beyond my grace period permitted under State law. The payment of rent or any other financial obligation due under the lease after the due data but within the grace period permitted under State Iaw�constitutes. a minor violation. ■ ran ■ Page 6ofa Farm FiU0.90105•a as 12/2007 OMB Approval 2502-0204 (Exp 03/3112014) e. If the Landlord proposes to terminate this Agreement,the Landlord agrees to give the Tenant written notice and the grounds for the proposed termination.If the Landlord is terminating this agreement fa"other good cause,"the termination notice most be mailed to the Tenant and hand-delivered to the dwelling unit in the manner required by HUD a least 30 days before the date the Tenant will be required to move from the unit and in accordance with State law requirements.Notices of proposed termination for other reasons must be given in accordance with any time frames set forth in State and local law.Any HUD- required notice period may run wnwrrenty with any notice period required by State or local law.All termination notices must: • specify the date this Agrament will be terminated; • sate the grounds for termination with enough detail for the Tenant to prepare a defense; • advise the Tenant that he/she has I D days with in which to discuss the proposed termination oftenaicy with the Landlord. The 10-dey period will begin on the earlier of the date the notice was hard-delivered to the unit or the dry 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 advise the Tenant of his/her right to defend the action in wort. f. Ifan eviction is initiated,the Landlord agrees to rely only upon those grounds cited in the termination notice required by paragraph e. 24. jjjMLd i The Tenant shall not undertake,or permit his/her family or guests to undertake,my hazardous acts or do anything that will increase the project's insurance premium.Such action consulates a material non-compliance.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 Tenn will be responsible for reat only up to the date of the destruction.Additional mat wil I not accrue until the unit has been repaired to a livable condition. 21 PesaRies for Submitting False Information:Knowingly giving the Landlord false information regarding income or other factors considered in de t rmin(ng Tenanfs eligibility and rent is a material noncompliance with the leue subject to termination of tenancy.In addition,the Tenant could become subject to penalties available under Fedeal law.Thou penalties include fines up an 610,000 and imprisonment for up m five years. 26. Conant of this Agreement This Agreement and its Attachments make up the entire agreement between the Landlord and the Tenant regarding the unit.If any Court declares a particular provision of this Agreement to be invalid or it legal,all other terns 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 Tenn certifies that he/she has received a copy ofthis Agreement and the following Ams hments to this Agreement and understands that these Attachments arc pan of this Agreement. a. Attachment No. I—D"Ws Certifh.nlinn of Compliance with HUD's Tenant Eligibility and Rent Procedures,form HUD- 50059 b. Attachment No.2•Unit Inspection Report. c. Attachment No.3-House Rules(ifary). d. Attachment No. 4 - Late Fees e. Attachment No. 5 -Violence Against Women Act f. 9 h. L 2g. Taunt'rlghta to oraanrse:Landlord agrees to allow tenant and tenant organizers to conduct on the property the activities related to the establishment or operation of a tenant organization set out in accordance with HUD requirements. Pugc 7 of a Farm HUIN90105-a 1 L2007 OMB Appmvnl 2502.0204 (Esp 03/312014) 29. Tenant Income Veri0eation:The Tenant most promptly provide the Landlord with any letter or other notice by HUD to a member of the family that provides information concerning the amount or verification of family income in accordance with HUD requirements. 30. The lease agreement will terminate automatically,ifthe Section 8 Housing Assistance contract terminates for any reason. 31. Signatures: TENANT BV: Date Signed 2. Date Signed 3. l 1 Date Signed LOA B Date Signed Public reporting burden—HUD is rut regmsling uppraval cfony burden hours for the mode//eases sluice me ofleasu area sla lord burixss prartiee in tlm housing renra/irduup. This infornmtimi is re9uimdla obtain bene/lrs. The request and requiredsupporling documem Ohm are sera to HUD or the Conerxt Adminu rmor(CA)for appravd. The lease is n canoxt between the owxr ofthe projen and dr terwu(s)that esplaWtheternuforresidin ginlheumt. lemes are a srandon/business narlim in the housing rentaliMurtry Owxrsarerequiredtomelbe .HUD model lease which includes tennis.11,•coveredby leauis us,din the homing renal i ushyp/us terms requiredby HUDJr the progrcm ' under which theproject was built anNnr the program providing rental assinaue to the rcnums. Th4 infor Lion is amhoriudby 24 CFR 5.360,736750.880.606,883.701.884 2/5,886. 127,891.425.89/.625 and891.765 row,/ease requiremennmdprovieums This in1bmauunis unsidemd,mui-sensitive mddxsrul requires rysprctalprotection. Paac Hole s Fotm HU0.90105•a I M007 ORCHARD APARTMENTS Interstate Realty Management Company 2204 Cedar Ron Drive Ext. - Camp HILL,PA 17011 Phone 717-763-0937;TTD 711 ILLEGAL DRUGS ILLEGAL DRUGS and transactions involving illegal Drugs are strictly prohibited. The head of Household shall not do or permit any act which violates any law concerning illegal Drugs. new acts include,without limitation,possession,use,distribution,transportation,sale, manufacture and storage of illegal Drugs. Doing any of such acts or any other act involving illegal Drugs is a violation of the lease and is grounds for IMMEDIATE EVICTION FROM THE PROPERTY. The Head of Household shall be responsible for his or her OWN ACTS,THE ACTS OF MENIBERS or his or her household,and THE ACTS OF GUESTS of the household and for any such ads involving Illegal Drugs done in the leased apartment or elsewhere on the Landlord's property. The Head of Household is hereby notified that Interstate Realty Management Company will fully cooperate with all Law Enforcement Agencies in the enforcement of the Laws involving illegal Drugs. By signing below,the Head of Household,spouse,and co-head of household,if any, acknowledge that he/she/they understand and agree to comply with the miles and regulations stated above. The signature also acknowledges receipt of a copy of this Addendum. Signature of Tenant: TENANT Ey Head of Household: Date: Spouse or Co-head of Household: Date: ACTING AGENT Ey. av C�tA Detac M 0 0 VIOLENCE,DATING VIOLENCE U.S.Department of Housing one AOnwuw as na OR STALKING and Urban Development Ex,0351M14 Office of Housing LEASE ADDENDUM VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OF 2005 TENANT LANDLORD UNITNO.&ADDRESS JorymarBorrero-Sanchez OrchardApartmerasAssociaters �HKPAVDII This lease addendum adds the following paragraphs to the Lease between the above referenced Tenant and Landlord. Purpose o(the Addendum The lease for the above referenced unit is being amended to include the provisions of the Violence Against Women and Justice Department Reauthorization Act of 2005(VAWA). Conflicts with Other Provisions of the Lease In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail. Term of the Lease Addendum The effective date of this Lease Addendum is 07/01/2013. This Lease Addendum shall continue to be in effect until the Lease is terminated. VAWA Protections I. The Landlord may not consider incidents of domestic violence,dating violence or stalking as serious or repeated violations of the lease or other"good cause" for termination of assistance, tenancy or occupancy rights of the victim of abuse. 2. The Landlord may not consider criminal activity directly relating to abuse,engaged in by a member of a tenant's household or any guest or other person under the tenant's control,cause for termination of assistance,tenancy,or occupancy rights if the tenant or an immediate member of the tenant's family is the victim or threatened victim of that abuse. 3. The Landlord may request in writing that the victim,or a family member on the victim's behalf,certify that the individual is a victim of abuse and that the Certification of Domestic Violence, Dating Violence or Stalking, Form HUD-91066,or other documentation as noted on the certification form,be completed and submitted within 14 business days,or an agreed upon extension date, to receive protection under the VAWA. Failure to provide the certification or o r supporting documentation within the specified timeframe may result in evic ' 5/10/2013 Te t Date 5/10/2013 Landlor Date Form HUD-91067 (9/1008) JORDAN D. CUNNINGHAM,ESQUIRE PA. SUPREME COURT I.D.23144 CUNNINGHAM&CHERNICOFF,P.C. 2320 NORTH 2ND STREET P.O. Box 60457 HARRISBURG,PA 17106-0457 TELEPHONE: 717-238-6570 FAcsrmrLE: 717-238-4809 ATTORNEYS FOR PLAINTIFF ORCHARD ASSOCIATES, IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS, CUMBERLAND COUNTY, c Plaintiff PENNSYLVANIA JORYMAR BORRERO-SANCHEZ, CIVIL ACTION -LAW .- Defendant cl , MOTION 1. The Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, is a Pennsylvania limited partnership which is registered with the Department of State and has a principal office located at 2204 Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Jorymar Borrero-Sanchez, is an adult individual who resides at 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania. 3. At all times material to Plaintiff s cause of action, the Plaintiff, Orchard Apartments, has been the legal owner of the building and the land on which the building in which the Defendant resides. 4. On or about April 25, 2012, Defendant, Jorymar Borrero-Sanchez,executed a Lease Agreement by the terms of which the Defendant and all members of her household leased from the Plaintiff a residential apartment, 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania for an initial term beginning on July 1,2012 and ending on July 31, 2012, after which initial term,the lease continued on successive terms for one (1) month each. Defendant, Jorymar Borrero-Sanchez, occupies an apartment unit which is subsidized under a federal housing program, generally known as the Section 8 Program. 5. On or about September 6, 2013, the Lower Allen Police Department applied for, received, and executed a search warrant for the Defendant's apartment unit. 6. The search of the apartment unit resulted in the discovery of a large amount of controlled substances within the Defendant's apartment unit. 7. The results of the search of Defendant's apartment unit by the Lower Allen Township Police Department lead the Department to conclude that Defendant's apartment unit was being used as a location to conduct illegal drug and substance manufacture and sales in violation of the Controlled Substance Act(Act of April 14, 1972 [P.L. 233 No.64]). 8. Pursuant to the ruling of the Supreme Court of the United States, a tenant who occupies a federally subsidized housing unit is responsible for the drug related criminal activity of their guests and person under their control regardless of whether they knew of the actions and are subject to eviction for such actions. HUD v. Rucker, 535 U.S. 125 (2002). 2 9. The Defendant agreed to abide by the following terms set forth in the Lease Agreement: 13. GENERAL RESTRICTIONS: The Tenant must live in the unit and the unit must be the Tenant's only place of residence. The Tenant shall use the premises only as a private dwelling for himself/herself and the individuals listed on the Certification and Recertification of Tenant Eligibility. The Tenant agrees to permit other individuals to reside in the unit only after obtaining the prior written approval of the Landlord. The Tenant agrees not to:... (c) Engage in or permit unlawful activities in the unit, in the common areas or on the project ground;... 23. Termination of Tenancy:... C. The Landlord may terminate this Agreement for the following reasons:... 3. drug related criminal activity engage in on or near the premises, by any tenant, household member, or guest, and any such activity engaged in on the premises by any other person under the tenant's control; 4. determination made by the Landlord that a household member is illegally using a drug; 5. determination made by the Landlord that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents; 6. criminal activity by a tenant, any member of the tenant's household, a guest or another person under the tenant's control: (a) that threatens the health, safety, or right to peaceful enjoyment by other residents (including property management staff residing on the premises)or 3 (b) that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises;... 10. if the Landlord determines that the tenant, any member of the tenant's household, a guest or another person under the tenant's control has engaged in the criminal activity, regardless of whether the tenant, any member of the tenant's household,a guest or another person under the tenant's control has been arrested or convicted for such activity.... 10. Plaintiff is a landlord who has standing under Section 155 of the Expedited Eviction of Drug Traffickers Act(hereinafter referred to as"Act"). 35 P.S. §780-155. 11. Plaintiff has filed a Complaint against the Defendants pursuant to the provisions of the Expedited Eviction of Drug Traffickers Act. A true and correct copy of the Complaint is attached hereto, made part hereof, is incorporated herein, and marked as Exhibit"P-1." 12. The Expedited Eviction of Drug Traffickers Act specifically provides that a hearing shall be held within 15 days following the filing of the Complaint. (35 P.S. §780- 164(a)). See attached provisions of the Act marked Exhibit"P-2." 13. Plaintiff is of the opinion and therefore avers that it has set forth adequate grounds for the Court to enter an Order of Eviction and issue a removal Order as against the Defendant, Jorymar Borrero-Sanchez and all other members of the household. (35 P.S. §780-164 and §780- 156(a), (b), and(c)). 4 14. Plaintiff has not been able to contact Defendants for their concurrence to both the proposed Motion and Order as the Defendant is pro se and Plaintiff is without a reliable telephone number to contact Defendants. Moreover, the provisions of the Eviction of Drug Traffickers Act does not provide for such concurrence and is contrary to the spirit and purpose of the Act. 15. Plaintiff is of the opinion a hearing on the underlying matter contained in the Complaint will be required and it is estimated the length of time needed for the hearing will be one(1)hour. Plaintiff is of the opinion no hearing or argument is required for consideration of this Motion and proposed Order. 16. Plaintiff incorporates by reference the averments set forth in the Complaint. WHEREFORE, Plaintiff requests this Honorable Court to issue an Order setting a time and date for hearing in this matter within the time period set forth by §14 of the Eviction of Drug Traffickers Act. (35 P.S. §789-164(a)). Respectfully submitted, CUNNINGHAM& CCH�/E/RRNNIICOFF,P.C. Dated: Ij�1 �I I ab13 By: v — Gina L. Lauffer, squire Pennsylvania Supreme Court I.D. No. for Jordan D. Cunningham, Esquire Pennsylvania Supreme Court I.D.No. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717)238-6570 F:`Npme WIEWITrOOfSV1P!ORCH9RD'HOPRE0.0,IORYN 433513`£M[RGHN(Y NOTION IM911 A?D 5 VERIFICATION I verify that the statements contained in the foregoing are true and correct to the best of my knowledge,information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Keith , Site Manager Dated: / R r Exhibit P- 1 JORDAN D.CUNNINGHAM, ESQUIRE PAID.No. 23144 CUNNINGHAM&CHERNICOFF,P.C. 2320 NORTH SECOND STREET HARRISBURG,PA 17110 TELEPHONE: (717)238-6570 FACsIMILE:(717)238-4809 EMAIL:JCUNNINGHAM"&,CCLAWPGCOM ORCHARD ASSOCIATES, IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. JORYMAR BORRERO-SANCHEZ, CIVIL ACTION -LAW Defendant COMPLAINT AND NOW comes the Plaintiff, Orchard Associates, t/d/b/a Orchard Apartments by and through its attorneys, Cunningham& Chemicoff, P.C., and files this Complaint in Ejectment and Assumpsit and in support thereof avers as follows: 1. The Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, is a Pennsylvania limited partnership which is registered with the Department of State and has a principal office located at 2204 Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Jorymar Borrero-Sanchez, is an adult individual who resides at 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania. 3. At all times material to Plaintiff s cause of action, the Plaintiff, Orchard Apartments, has been the legal owner of the building and the land on which the building in which the Defendant resides. 4. On or about April 25, 2012, Defendant, Jorymar Borrem-Sanchez,executed a Lease Agreement by the terms of which the Defendant and all members of her household leased from the Plaintiff a residential apartment,2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania for an initial term beginning on July 1, 2012 and ending on July 31, 2012, after which initial term, the lease continued on successive terms for one (1) month each. Defendant, Jorymar Borrem-Sanchez, occupies an apartment unit which is subsidized under a federal housing program, generally known as the Section 8 Program. A true and correct copy of the Lease Agreement for 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania, together with the Drug Free Housing Addendum, are attached hereto, made part hereof, are incorporated by reference herein, and are marked as Exhibit P-1. 5. On or about September 6, 2013, the Lower Allen Police Department applied for, received, and executed a search warrant for the Defendant's apartment unit. 6. The search of the apartment unit resulted in the discovery of a large amount of controlled substances within the Defendant's apartment unit. 7. The results of the search of Defendant's apartment unit by the Lower Allen Township Police Department lead the Department to conclude that Defendant's apartment unit was being used as a location to conduct illegal drug and substance manufacture and sales in violation of the Controlled Substance Act(Act of April 14, 1972 [P.L. 233 No.64]). 8. Pursuant to the ruling of the Supreme Court of the United States, a tenant who occupies a federally subsidized housing unit is responsible for the drug related criminal activity of their guests and person under their control regardless of whether they knew of the actions and are subject to eviction for such actions. HUD v. Rucker, 535 U.S. 125 (2002). 2 9. The Defendant agreed to abide by the following terms set forth in the Lease Agreement: 13. GENERAL RESTRICTIONS: The Tenant must live in the unit and the unit must be the Tenant's only place of residence. The Tenant shall use the premises only as a private dwelling for himself/herself and the individuals listed on the Certification and Recertification of Tenant Eligibility. The Tenant agrees to permit other individuals to reside in the unit only after obtaining the prior written approval of the Landlord. The Tenant agrees not to:... (c) Engage in or permit unlawful activities in the unit, in the common areas or on the project ground;... 23. Termination of Tenancy:... C. The Landlord may terminate this Agreement for the following reasons:... 3. drug related criminal activity engage in on or near the premises, by any tenant, household member, or guest, and any such activity engaged in on the premises by any other person under the tenant's control; 4. determination made by the Landlord that a household member is illegally using a drug; 5. determination made by the Landlord that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents; 6. criminal activity by a tenant, any member of the tenant's household, a guest or another person under the tenant's control: (a) that threatens the health, safety, or right to peaceful enjoyment by other residents (including property management staff residing on the premises)or 3 (b) that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises;... 10. if the Landlord determines that the tenant, any member of the tenant's household, a guest or another person under the tenant's control has engaged in the criminal activity, regardless of whether the tenant, any member of the tenant's household, a guest or another person under the tenant's control has been arrested or convicted for such activity.... COUNT PETITION PURSUANT TO EXPEDITED EVICTION OF DRUG TRAFFICKERS ACT 10. Plaintiff incorporates paragraphs 1 through 9 of the Complaint as if more fully set forth herein. 11. Plaintiff is a landlord who has standing under Section 155 of the Expedited Eviction of Drug Traffickers Act(hereinafter referred to as "Act"). 35 P.S. §780-155. 12. Plaintiff is of the belief and therefore avers that Defendant,Jorymar Borrero- Sanchez, on September 6, 2013 was, in part, involved in or allowed an unlawful attempt or conspiracy to commit drug-related criminal activity on or within the individual rental unit leased to the Defendant. Additionally, Plaintiff is of the opinion that the leased residential premises and individual rental unit was used or allowed to be used by the Defendant in a way to further or promote drug-related criminal activity and that the Defendant was directly engaged in an unlawful attempt or conspiracy to commit drug-related criminal activity within or on the leased residential premises. 4 13. Plaintiff seeks the jurisdiction of the Court and the expedited proceedings provisions of the Act and requests a hearing on this matter be heard within fifteen (15) days of the date of the tiling of the Complaint. 14. Plaintiff is of the opinion and therefore avers that it has set forth adequate grounds for the Court to enter an Order of Eviction and issue a removal Order as against the Defendant, Jorymar Borrero and all other members of the household. 35 P.S. §780-164 and §780-156(6). WHEREFORE, your Plaintiff respectfully requests this Honorable Court to make a finding of grounds for complete eviction, enter an Order of complete eviction and issue a removal Order to be executed by the appropriate taw enforcement agency or the Sheriff s Office of Montgomery County, Pennsylvania. Respectfully submitted, CUNNINGHAM& CHERNICOFF, P.C. Date: By: k -P 2= Gina L. Lauffer, Esquire PA Supreme Court I.D. No. for Jordan D. Cunningham, Esquire Pennsylvania Supreme Court I.D. No. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 "felephone: (717)238-6570 P OlomeW I[WITTUOC9`UPUACXMU�B0R0.E0.U.IORYNA0.Yll513`lOf1YLA1NT 1 Well o➢d 5 VERIFICATION I verify that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904,relating to unswom falsification to authorities. Keith Site Manager Dated: p,owo"r- Exhibit P- 1 OMB Approval 2502-02N (F.xp 03BInOl 4) MODEL LEASE FOR SUBSIDIZED PROGRAMS 1. Parties and Dwelling Unit:The parties to this Agreement are Orchard Apartments Associates referred to as the Landlord,and Jorymar BORefo-Sanchez referred to as the Tenant.The Landlord leases to the Tmanqs)unit number2206J ,located at 2204 Cedar Run Drive Camp Hill, Pa 17011 in the project known as Orchard Apartments 2. Listed,ofTTme(Temr)t The initial term ofthis Agreement shall begin on 07'01'2012 and end on 07'31'2012 After the initial term ends,the Agreement will continue for successive terms of one month to month each unless automatically terminated as permitted by paragraph 23 ofthis Agreement. I &=The Tenant agrees to pay 0/a for the partial month ending on n/a . After that,Tenant agrees to pay a rent off 90.00 per month.This amount is due on the flrSt 0 St) day ofthe month at Orchard Apartments Rental Office 2204 Cedar Run Drive, Camp Hill, Pa 17011 The Tenant understands that this monthly rent is less than the market(unsubsidized)rent due on this unit This lower rent is available either because the mortgage on this project is subsidized by the Department of Housing and Urban Development(HUD) and/or because HUD makes monthly payments to the Landlord on behalfof the Tenant The amount,if any,that HUD makes available monthly on behalfofthe Tenant is called the tenant assistance payment and is shown on the'Assistance Payment'line ofthe Owner's Certification ofCompiiance with HUD's Tenant Eligibility and Rent Procedures form which is Attachment No. I to this Agreement. 4. Chanres in the Tenant's Share ofthe Rent:The Tenant agrees that the amount utmost the Tmant pays and/or the amount of assistance that HUD pays on behalfofthe Tensed may be changed during the term ofthis Agreement if. a. HUD or the Contract Administrator(such as a Public Housing Agency)determines,in accordance with HUD procedures,that an increase in rents is needed; b. HUD or the Contra Administrator changes any allowance for utilities or services considered in computing the Tenant's share ofthe 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 T'enen's rent or assistance payment be adjusted to reflect the change; d. changes in the Tenant's rent or assistance payment am required by HUD's recertilinemen or subsidy termination procedures; e. HUD's procedures for computing the Tenant's assistance payment or rent change;or L the Tenant fails to provide information on his/her income,family composition or other futon 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 administrative 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 30 days advance written notice ofa ry 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 pry, the date the new amount is effective,and the reasons for the change in rent The Notice will also advise the Tmmt that he/she may meet with the Landlord to discuss the rent change. S. Charm for Late Payments and Returned Checks:If the Tenant does not pay the full amount of the rent shown in paragraph 3 by the end ofthe 5th day of the month,the Landlord may Collect a fee of S5 on the 6th day of the month.Thereafter,the Landlord may collect SI for each additional day the rent remains unpaid during the month it is due. The Landlord may not terminate this Agreement for failure to pay late charges,but may terminate this Agreement for non- payment of rent,m explained in paragraph 23.The Landlord may collect a fee ofS see addendum on the second or any Page I of Farm I JO-90105-a us: IL2007 OMB Approval 2502-0204 (Exp03231/2014) additional time a check is not honored for payment(bounces).The charges discussed in this paragraph are in addition to the regular monthly rent payable by the Tenant. ti. Condition of Dwelling Unit:By signing this Agreement,the Tenant acknowledges that the unit is safe,clean and in good condition.The Tenant agrees that all Appliances and equipment in the unit arc 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. 7. Chases for Utllitlea and Service:The following chaos describe how the cost ofutilities and services related to occupancy of the unit will be paid.The Tenant agrees that these charts accurately describe the utilities and services paid by the Landlord and those paid by the Tenant. a. The Tenant must pay for the utilities in column(1).Payments should be made directly to the appropriate utility company.The items in column(2)are included in the Tenant's rent. 1 2 Put"X"by any Utility Type of Utility Put an"X"by any utility Tenant pays directly .included in Terms Rent x Heat x Lights,Electric x Cooking Water x Other—Specify Sewer X Trash Removal x b. The Tenant agrees to pay the Landlord the amount shown in column(3)on the date the cent is due.The Landlord certifies that HUD had authorized him/her to collect the type of charges shown in column(3)and that the amounts shown in column(3)do not exceed the amounts authorized by HUD. 3 Show Amount Tenant Pays to Landlord in Addition to Rent 1 Parking $ Other f5pecify) 5 S S G 5 L Smurlty Demise;The Tenant has deposited$50.00 with the Landlord.The Landlord will hold this security deposit for the period the Tenant occupies the unit.ARer the Tenant has moved from the unit,the Landlord will determine whether the Tenant is eligible fora refund ofany or all ofthe security deposit.The amount ofthe refund will be determined in accordance with the following conditions and procedures. Page 2 of g Farm HUD-90105-a iex:xa. 12/2007 OMB Approval 2502-0204 (Exp 03/31/2014) a. The Tenant will be eligible for a refund ofthe security Deposit only if the Tenant provided the Landlord with the 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 Repent. The Landlord will permit the Tenant to participate in the inspection,ifthe Tenant so nquests. er state c. The Landlord will refund to the Tenant the amount ofthe security deposit plus interest computed at per % beginning in 2 years ,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; (3) charges for late payment of rent and returned checks,as described in paragraph 5;and (4) charges for unremmed keys,as described in paragraph 9. d. The Landlord agrees to refund the amount computed in paragraph gc within 30 (Thirty) days after the Tenant has permanently moved out ofthe unit rearmed possession ofthe unit to the Landlord,and given his/her new address to the Landlord.The Landlord will also give the Tenant a wnren list of charges that were subtracted from the deposit Ifthe Tenant disagrees with the Landlord concerning the nmounts deducted and asks to meet with the Landlord,the Landlord agree to men with the Tenant and informally discuss die disputed charges. e. If the unit is rented by more than one person,the Tenants agree the they will work out the details of dividing my refund among themselves.The Landlord may pay the refund to any Tenant identified in Pamgnph 1 of this Agreement L The Tenant understands that the Landlord will not count the Security Deposit towards the last month's rent or towards repair charges owed by the Tenant in accordance with paragraph 11. 9. Kars and Lae W:The Tenant agrees not to install additional or different locks or gates on any doors or windows ofthe unit without the written permission of the Landlord.If the Landlord approves the Tenant's request to install such locks,the Teams agrees to provide the Landlord with a key for each lock.When this Agreement ends,the Tenant agrees to return all keys to the dwelling unit to the Landlord.The Landlord may charge the Tenant 35.00 for each key not returned. to. Maintenance: a The Landlord agrees to: (1) regularly clean all common areas ofthe project; (2) maintain the common sreas and facilities in a safe condition; (3) armge for collection and removal of vash and garbage; (4) maintain all equipment and appliances in safe and working order, (5) make necessary repairs with reasonable promptness; (6) maintain exterior lighting in good working order: (7) provide extermination services,as necessary;and (a) maintain grounds and shrubs. b. The Tenant agrees to: (1) keep the an.(clean; (2) use all appliances,fixtures and equipment in a safe manner and only for the purposes for which they are intended; (3) not litter the grounds or common areas ofthe project (4) not destroy,deface,damage or remove my part ofthe unit,common areas,or project grounds; (5) give the Landlord prompt notice ofany defects in the plumbing,fixtures,appliances,heating and cooling equipment or my other pm of the unit or related facilities;and (6) remove garbage and other wage from the unit in a clean and safe manner. 11. Damaea:Whenever damage is caused by carelessness,misuse,or neglect on the pm ofthe Tenant,his/her family or visitors,the Tenant agrees to pay: a the cost of all retain and do so within 30 days after receipt of the Landlord's demand for the repair charges;and Pose 3 mfg Form FIUD.90105•+ V ; ,, 12/2007 OMB Approval 2502-0204 (Eap0313112014) Is. 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 Attentions:No alteration,addition,or improvements shall be made in or as the premises without the prior consent of the Landlord in writing.The Landlord agrees to provide reasonable accommodation to an otherwise eligible tenant's disability,including making changes in rules,policies,or procedures,and making and paying for structural alleviations to a unit or common areas.The Landlord is not required to provide accommodations that constitute a fundamental alteration m the Landlord's program or which would pose a substantial financial and administmtivc hardship.See the regulations at 24 CFR Part S.In addition,if a requested structural modification does pose a substantial financial and administrative hardship,the Landlord must then allow the tenant to make and pay for the modification in accordance with the Fair Housing Act. 13. General Restrictions:The Tenant must live in the unit and the unit must be the Tenant's only place of residence.The Tenant shall use the premises only as a private dwelling for himself/herselfand the individuals listed on the Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures,Attachment I. The Tenant agrees to permit other individuals to reside in the wit only after obtaining the prior written approval of the Landlord.The Tenant agrees not tu: a. sublet or assign the unit or any part of the unit; b. use the wit for unlawful purposes; e. engage in or permit unlawful activities in the unit,in the common areas or on the project grounds; d. have pats or animals of my kind in the unit without the prior written permission of the Landlord,but the landlord will allow the tenant to keep an animal needed as a reasonable accommodation to the tenant's disability,and will allow animals to accompany visitors with disabilities who need such animals as an accommodation In their disabilities;or e. make or permit noises or acts that will disturb the rights or comfort of neighbors.The Tenant agrees to keep the volume of any retie,phonograph,television or musical instrument at a level,which will not disturb the neighbors. 14. Rules:The Tenant agrees to obey the House Rules,which arc 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 arc reasonably related to the safety.care and cleanliness ofthe building and the safety,comfort and convenience of the Tenants;and b. the Tenant receives written notice ofthe proposed rule at least 30 days before the rule is enPorced. 15. Regularly Scheduled ReeertOestlens:Every year around the (lsff irSt day of March ,the Landlord will request the Tenant to report the income and composition of the Tenant's household and to supply any 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 m re-compute the amount of the Tenant's rent and assistance payment if any. a. Ifthe 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 fime frames specified in HUD's regulations,handbooks and imsuuctions 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 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 motor assistance payment resulting from the recertification processing. Ifthe Tenant requests such a meeting,the Landlord agrees to meet with the Tenant and discuss how the Tenant's rent and assistance payment,ifany,were computed. IC Resorting Chimaera Between Regularly Scheduled Rmrtiflc&U s: a. if any ofthe following changes occur,the Tenant agrees to advise the Landlord immediately. (1) Any household member moves out ofthe unit. (2) An adult member f the household who was reported as unemployed on the most recent certification or recertification obtains employment. free 4 al 8 Form HUD-90105-a syy; 12/2002 OMB Approval 2502-0201 (Fxp 03/3112014) (3) The household's income cumulatively increases by$200 or more a month. b. The Tenant may report any decrease in income or any change in other factors considered in calculating the Tenant's rent. Unless the Landlord has confirmation that the decrease in income or change in other factors will last less than one month,the Landlord will verify the information and make the appropriate rent reduction.However,if the Tenant's income will be partially a fully restored within two months,the Landlord may delay the certification process until the new income is known, but the rent reduction wil I be mtmmtive and the Landlord may not evict the Tenant for nonpayment of rtm due during the period of the reported decrease and the completion of the certification process.The Tenant has thirty days after receiving written notice of any rent due for the above described time period m pay or the Landlord can evict for nompayme rt of rent (Revised 3122/89) c. If the Tenant does not advise the Landlord of these interim changes,the Landlord may increase the Tenants 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 ofmultifsmily subsidy programs. d. The Tenant may request to meet with the Landlord W discuss how my change in income or other factors affected his/her rent or assistance payment,if my.If the Tenant requests such a mMing,the Landlord agrees to meet with the Tenant and explain how the Tenant's rent or assistance payment,Wary,was computed. 17. Removal of Subsidy: a The Tenant understands that assistance made available on his/her behalf may be terminated if events in either items I or 2 Wow occur.Termination of assistance mews that the Landlord may make the assistance available W mother Tenant and the Tenanes rent will be recomputed.In addition,if the Tenant's assistance is terminated because of criterion(1)below,the Tenant will be required to pay the HUD-approved market rent for the unit. (1) The Tenant does not provide the Landlord with the information or reports required by paragraph 15 or 16 within 10 calendar days after receipt ofthe Landlord's notice of intent to terminate.the Tenant's assistance payment. (2) The amount the Tenant would be required to pay towards rent and utilities under HUD rules and regulations equals the Family Gross Rent shown on Attachment I. b. The Landlord agrees W give the Tenant written notice of the proposed termination.The notice will advise the Tenant that during the tm calendar days following the date of the notice,he/she may request W meet with the Landlord W discuss the proposed termination of assistance.If the Tenant requests a discussion of the proposed termination,the Landlord agrees W meet with the Tenant. e. Termination ofamisrance shall not affect the Tenant's other rights under this Agreement,including the right to occupy the unit.Assistance may subsequently be reinstated if the Tenant submits the income or other data required by HUD procedures, the Landlord determines the Tenant is eligible for assistance,and assistance is available. 18. Tenant Obl101bn To Remav:Ifthe tenant submits false information on my application,certification or request for interim adjustment or does not report interim changes in family income or other factors m required by paragraph 16 ofthis Agreement, and as a rssult.is charged a rent less than the amount required by HUD's rent formulas,the Tenant agree W mimbmse the Landlord for the difference between the rent hdsbe 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 W follow HUD's procedures for computing rent or assistance payments. 19. Slav of Dwelllnn.The Tenant understands that HUD requires the Landlord W assign units in accordance with the Landlord's written occupancy standards.These standards include consideration of unit size,relationship of family members,age and sex of family members and family preference. If the Tenant is or becomes eligible for a different size unit,and the required sin unit becomes available,the Tenant agrees m: a move within 30 days after the Landlord notifies him/her that unit of the required sin is available within the project;or b. remain in the same unit and pay the HUD-approved market rent. 20. Access by Landlord:The Landlord agrees W enter the unit only daring reasonable hours.W provide reasonable advance notice of Mather intent to nice the unit,and W enter the unit only after receiving the Tenants consent to do so,except when urgency situations make such notices impossible er except under paregreph(c)below. e. The Tenant consents in advance to the following entries into the unit: (i) The tenant agrees W permit the Landlord,his/her agents or other persons,when authorized by the Landlord,W enter the unit for the purpose of making reasonable mmirs and periodic inspections. (ii) After the Tenant has given a notice of intent to move,the Tenant agrees to permit the Landlord to show the unit to prospective tenants during reasonable hours. u9 Pugs,5 mix I V2 IIUQ90103a U2lq] OMB Appmval 1501-0704 (Exp 03I31R014) b. If the Tenant moves before this Agreement ends,the Landlord may enter the unit to decorate,remodel,alter or otherwise prepare the unit for reacupancy. 21. Discrimination Prohibited:The Landlord agrees not to discriminate based upon race,color,religion,creed,National origin,am age,familial status,and disability. 22. Charts 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 end ofthe 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 60 days before the proposed effective date ofthe 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 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 in move from the project,as provided in paragraph 23. 23. Termination of Tenanev: a. To terminate this Agreement,the Tenant must give the Landlord 30-days written notes before moving from the unit b. Any termination of This Agreement by the Landlord must be tamed out in accordanm with HUD regulations,Stale and lop/ Iaw,and the terms fthis Agreement. c. The Landlord may terminate this Agreement for the following reasons: (1) the Tenant's material noncompliance with the terms ofthis Agreement; (2) the Tenant's material failure m carry out obligations under any State Landlord and Tenant Act; (3) drug related criminal activity engaged in on or near the premises,by any tenant,household member,or guest,and any such activity engaged in on the premise by any other person under the tenant's control; (4) determination made by the Land lord that a household member is illegally using a drug; (5) determination made by the Landlord that a pattern of illegal use of a dmg interferes with the health,safety,or right to peaceful enjoyment ofthe premises by other residents; (6) criminal activity by a tenant,any member of the tenant's household,a guest or another person under the tenant's control: (a) that threatens the health,safety,or right to peaceful enjoyment ofthe premises by other residents(including property management staff residing on the premises); (b) or that threatens the health,safety,or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; (7) if the tenant is fleeing to avoid prosecution,or custody or confinement after conviction,for a crime,or attempt to commit a crime,that is a felony under the laws of the place from which the individual flees or that in the case of the Slate of New iersey is a high misdemeanor, (g) ifthe tenant is violating a condition ofprobstion or parole under Federal or State law; (9) determination made by the Landlord that a household member's abuse or patient ofabuse,of alcohol threatens the health, safety,or right to peacefbl enjoyment ofthe premises by other residents; (10) ifthe Landlord determines that the tenant,any member ofthe tenant's household,a guest or another person under the tenant's control has engaged in the criminal activity,regardless of whether the tenant any member ofthe tenant's household,a guest or another person under the tenant's control has been arrested or convicted for such activity. d. The Landlord may terminate this Agreement for other good cause,which includes,but is not limited to,the tenant's refusal In accept change to this agreement.Terminations for"other rood cause"may only be effective as of the end of any initial or successive term. The term material noncompliance with the lease includes:(1)one or more substantial violations of the Iran;(2)repealed miner violations ofthe lease that(a)diempt the livability ofthe project;(b)adversely affect the health or safety ofany person or the right of any tenant to the quiet enjoyment to the leased premises and related project facilities,(c)interfere with the management ofthe project,or(d)have an adverse financial effect on the pmjea(3)failure of the tenant to timely supply all required inforahion on the income and competition,or eligibility factors the tenant household(including,but not limited to,failure to meet the disclosure and verification requirements for Social Security Numbers,or failure to sign and submit consent fors for the attaining ofwage and claim information from State Wage Information Collection Agencies),and(4) Non-payment of tent or any other financial obligation due under the lease beyond any greet period permitted under Slate low. The payment of rent or nm other financial obligation due under the lease after the due date but within the grace period permitted under State law constitutes a minor violation. Page 6 of ll For HUO-g0105-a I, „ IH2007 OMB Approval 2502-0204 (Exp 03/31/2014) e. If the Landlord proposes to terminate this Agreement,the Landlord agrees to give the Tenant written notice and the grounds for the proposed termination.If the Landlord is terminating this agreement for"other good cause,"the termination notice must be mailed to the Tenant and hand-delivered to the dwelling unit in the manner required by HUD at least 30 days before the date the Tenant will be required to move from the unit and in accordance with State law requirements.Notices of proposed termination for other reasons must be given in accordance with any time frames set forth in State and local law.Any HUD- required notice period may ten concurrently with any notice period required by Stem or local law.All termination notices must: • specify the date this Agreement will he terminated; • state the grounds for termination with enough devil for the Tenant to prepare a defense; • advise the Tenant that he/she has 10 days within which to discuss the proposed termination of tenancy with the landlord. The 10-day period will begin on the earlier of the date the notice was hand-delivered to the unit or the day after the dam the notice is mailed. If the Tenant requests the meeting,the Landlord agrees m discuss the proposed termination with the Tenant: • and advise the Tenant of his/her right to defend the action in coon. f. If w eviction is initiated,the Landlord agrees to rely only upon thou grounds cited in the nomination notice required by paragraph e. 24. Hato f¢g The Tenant shall not undertake,or permit his/her family or guests to undertake,any harardous acts or do anything that will increase the project's insurance premiums.Such action constitutes a material non-compliance.If the unit is damaged by fire, wind,or min to the extent that the wit cannot be lived in and the damage is not caused w made write by the Tenant,the Temen will be responsible for real only up in the date ofthe destruction..Additional rent will not aceme until the unit has been repaired as a livable condition. 23, peoalRo for Submitting False Information:Knowingly giving the Landlord false information regarding income or other factors considered in determining Tenant's eligibility and rent is a material noncompliance with the lease subject in termination of tenancy.In addition,the Tenant could become subject m penalties available under Federal law.Those penalties include fines up in S 10,000 and imprisonment for up m five years. 26. Contents of this Agreement:This Agreement and its Attachments make up the entire agreement between the Landlord and the Tenant regarding the unit.If any Court declares a particular provision of this Agreement to be invalid or illegal,all other teoma of this Agreement will remain in effect and both the Landlord and the Tenant will continue an be bound by them. 27. Attachments to the Agreement:The Tenant certifies that he/she has received a copy ofthis Agreement and the following Attachments m this Agreement and understands that these Attachments are pan ofthis Agreement. a Pm ic6ment No. I-Owner's Certification ofCompliance with HUD's Tenant Eligibility and Rent Procedures,form HUD. 50059 b. Attachment No.2-Unit lnsoection Report. c. Attachment No.3-House Rules(if ary). d Attachment No. 4 - Late Fees C. Attachment No. 5-Violence Against Women Act f. 9 h. i. _- 2s/ Tlnanra' right to o-rggli el Landlord agrees to allow tenant and tenant organizers to conduct on the property the activities related to die establishment or operation of Tenant organization set out in accordance with HUD requirements. IF fr� v Page 7 of a Form HUD-90105-a the:�� IL2007 OMB Approva12502.0204 (F.xp 03/31/2014) 29. Tenant Income Verification:The Tenant must promptly provide the Landlord with any letter or other notice by HUD to a member ofthe family that provides information concerning the amount or verification of family income in accordance with HUD requirements. 30. The lease agreement will terminate automatically,ifthe Section 8 Housing Assistance contract terminates for any reason. 31. Sianaturea: TENANT BY: ,,rr 2. Date Signed 3. L/A Date Signed Date Signed YuNic reparling burden-BUD is nor requesting apprmml ofw),burden hoursfor the model letters simx we of leases are a stardardbusimar prartltt trite housing renml hief oo, This mformmtimr s required to nbmin ben Win. Pre rcquesf ardrcqulrcd mppwOng dacumemmion are .MI.HUD or the Comraa.ld n,,wImor(G)for apprmwl 1M lease it a cmmrart Deswun the owner ltheOr lrce and the temm(s)tMt uplelm thetermsformsidmg in the unit Leases an asmrrdard businessproclice inthe housing rental hdmtry. Oiwersmerequhrdiousedn HUD model lease whh*inrludrs terms normal/,covered by leases reed.,he homing renal Indeauyplus terms required by HUDfor the program uMrr which drc pn/act wm Dmih andnr the pmgwm yraviding renml assinance m the rename. 7bts Information is omhmlmd by 24 CFR 5 360.236.750,880.606.883.701.881215.886. 127,891.425,891.615 and 891.765 rover lease ,emrmMennandprovisions Prisinformation is mruiderediron-semitive anddoeetrot require artyspecia 1prn"cslon. ate ■ P.,8Orb s Form HUDA010Ya ,�. 17/2007 ORCHARD APARTMENTS Interstate Realty Management Company 2204 Cedar Run Drive Ezt Camp HW,PA 17011 Phone 717-763-0937;TTD 711 ILLEGAL DRUGS ILLEGAL DRUGS and transactions involving Illegal Drugs are strictly prohibited. The head of Household shall not do or permit any act which violates any law concerning Illegal Drugs. These acts include,without limitation,possession,use,distribution,transportation,sale, manufacture and storage of illegal Drags. Doing any of such acts or any other act involving Illegal Drugs is a violation of the lease and is grounds for IMMEDIATE EVICTION FROM THE PROPERTY. The Head of Household shall be responsible for his or her OWN ACTS,THE ACTS OF MEMBERS or his or he household,and THE ACTS OF GUESTS of the household and for any such acts involving Illegal Drags done in the leaved apartment or elsewhere on the Landlord's property. The Head of Household is hereby notified that Interstate Realty Management Company will fully cooperate with all Law Enforcement Agencies in the enforcement of the Laws involving Illegal Drugs. By signing below,the Head of Household,spouse,and co-head of household, if any, acknowledge that betsheRhey understand and agree to comply with the rules and regulations stated above. The signature also acknowledges receipt of a copy of this Addendum. Signature of Tenant: TENANT By. 2 Head of Household: Date: Spouse or Co-head of Household: Date: ACTING AGENT By `�/pDA11 CiKa Date C3&A o 0 0 VIOLENCE, DATING VIOLENCE U.S. Department of Housing oueMp 1w.2N2e w OR STALKING and Urban Development F.p.0313IM4 Office of Housing LEASE ADDENDUM VIOLENCE AGAINST WOMEN ANDJUSTICE DEPARTMENT REAUTHORIZATION A OF2005 TENANT LANDLORD UNITNO.&ADDRESS Jorymar BOAerO-Sanchez orchard Apartments Associates MOJd° —m Carp W1.P/.11011 This lease addendum adds the following paragraphs to the Lease between the above referenced Tenant and Landlord. Purpose of the Addendum The lease for the above referenced unit is being amended to include the provisions of the Violence Against Women and Justice Department Reauthorization Act of 2005(VA WA). Conflicts with Other Provisions of the Lease In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail. Term of the Lease Addendum The effective date of this Lease Addendum is 07/01/2013 This Lease Addendum shall continue to be in effect until the Lease is terminated. VAWA Protections I. The Landlord may not consider incidents of domestic violence,dating violence or stalking as serious or repeated violations of the lease or other"good cause" for termination of assistance, tenancy or occupancy rights of the victim of abuse. 2. The Landlord may not consider criminal activity directly relating to abuse,engaged in by a member of a tenant's household or any guest or other person under the tenant's control,cause for termination of assistance, tenancy,or occupancy rights if the tenant or an immediate member of the tenant's family is the victim or threatened victim of that abuse. 3. The Landlord may request in writing that the victim,or a family member on the victim's behalf,certify that the individual is a victim of abuse and that the Certification of Domestic Violence, Dating Violence or Stalking, Form HUD-91066,or other documentation as noted on the certification form, be completed and submitted within 14 business days, or an agreed upon extension date, to receive protection under the VA WA. Failure to provide the certification or o r supporting documentation within the specified timeframe may result in evic 5/10/2013 Te I Date 5/10/2013 Landlor Date Fnrm HUD-91067 (9/2008) Exhibit P-2 T..r....t*r f+FrrFt'.+.�rmTw,9F'1'�1RRCrT('►AM$' '� 35 P.S. @ 780-162 li\K 1111✓ OF Pill 1. l7t" I IC61.Rti Lihr:vc 16i2mu.v. 780-163. In,j,niissi Ill, dd ll,,, � II -L.CI t. b, . J. , n.: l .CIF ntll vll .rrrhl II,I IIh..1 6� I llltlI,L1 :u 111111%— _All 11 LICJ Hit:li '. I (11 ullm. i. iti d 1 till rI J: uJr.d i.-n.J rum. I.ibrsry ItclL lfl . 780-164. 1'.\pf,dilCtl p..... ding, Inl Eapcditcd hcer.nb—II .r nq�Lrim i. 1 1­1 holialnr ` .clIlu, ,n L 111L ­1111 �Iroll It I dm nl.11lo utd Lr:u utu •"" 'If � rd u IJ I'll l�p,JMcJ b,ol. .ruJ 0.Jlhul 15 tIJvv loll.rwng 'I" Illuu rdrd Dl� u n. (MI Slued itde fur tonlinuanc, —I G url.m., n., .Ir,r 1111 .1.n ILe .it 11 f IIt L C t lII N p.nldlnp Ihl Jnpu.l Ir.ri rd i 1..Ltli rl r I n.11 ucJ p1 r .aL1 _ . rpt Ln m1p.41a r . rrd .r I . I l I I III It.ait111r 1 1 t prr„J ,.LIII If,l�u. LiLran itabrort... i 7811-16i. ��nia or iw.ra.1.J p.n I. tele I5 RICSA blows ttlln 35 PS (2\ ORCHARD ASSOCIATES, : IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS, : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. NO. /3 --5- L 3 cM JORYMAR BORRERO-SANCHEZ, : CIVIL ACTION -LAW Defendant ORDER AND NOW, this I 1" day of 0 a' 8 2013, upon review of the annexed Motion and the supporting Complaint and upon motion of Jordan D. Cunningham, Esquire, a hearing on the matters set forth in the Complaint is set for the cal day of ®C4-oerer" 2013 at S'-,Y1 o'clock-ft .m., in courtroom number a- . BY THE COURT: J. (es Pat la, A4 G. L.t at4 sC J . fI - lof t?f f3 ORCHARD ASSOCIATES, IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS, • CUMBERLAND COUNTY, Plaintiff • PENNSYLVANIA v. NO. /3 - 5902..3 ac,:LLWA-eti JORYMAR BORRERO-SANCHEZ, CIVIL ACTION-LAW Defendant • ORDER ST- AND NOW, this 1►1 day of 0(1' , 2013, after hearing having been held on Plaintiffs Complaint filed pursuant to the Expedited Eviction of Drug Traffickers Act,judgment in favor of Plaintiff, Orchard Associates t/d/b/a Orchard Apartments, and against Jorymar Borrero-Sanchez, for possession of the premises known and numbered as 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania is hereby GRANTED. Defendant and all members of her household are completely evicted from the premises known and numbered as 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania. The Prothonotary is hereby directed to accept and docket a Praecipe for Writ of Possession and transmit the Writ of Possession to the Sheriff of Cumberland County. The Sheriff of Cumberland County is directed to effect the eviction of the Defendant and all members of her household immediately. The Sheriff shall serve the Writ of Possession on the Defendant either by personally serving the Defendant or, in the alternative,by posting the Writ of Possession on the most public or conspicuous portion of the premises known and numbered as 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania. BY THE COURT: \\*.1N rA\.'\( F:\Home\AHEWfT11DOCS\O-P\ORCHARD\BORRERO,JORYMAR 433513\DRUG ORDER 100813.wpd -- p perso,..A ay a). <t-7- R441 J. atoAA 'AiitdvY\ J - Saute. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy - Richard W Stewart Solicitor Orchard Associates t/d/b/a Orchard Apartments vs. Case Number Jorymar Borrero-Sanchez 2013-5923 SHERIFF'S RETURN OF SERVICE 10/18/2013 04:14 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jorymar Borrero-Sanchez at 2206 J Cedar Run Drive Ext., Lower Allen, Camp Hill, PA D E P U T Y BURGETT, D PUTY SHERIFF COST: $48.95 SO ANSWERS, October 21, 2013 RONR ANDERSON, SHERIFF -0 rri rn ' r*..a r C. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff , 0,1,of iCulribett.,� a ; Jody S Smith Chief Deputy I'`'t " i c_ I . Richard W Stewart Solicitor S-,ER)f=F �r �L i i�i- J �3 EtINSYL 'AtI�:, Orchard Associates t/d/b/a Orchard Apartments vs. Case Number Jorymar Borrero-Sanchez 2013-5923 SHERIFF'S RETURN OF SERVICE 10/21/2013 01:06 PM- Deputy William Cline, being duly sworn according to law, served the requested Writ of Possession by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Jorymar Borrero-Sanchez at 2206 J Cedar Run Drive Ext., Lower Allen, Camp Hill, PA 17011, informed Defendant of contents of same and turned over possession of 2206 J Cedar Run Drive Ext., Camp Hill, PA 17011,to the Plaintiff, as directed. SHERIFF COST: $79.21 SO ANSWERS, October 24, 2013 RONR ANDERSON, SHERIFF Cc 4,31'1 if /w 2 73 `G 'ci Ci,u:^ati;�u�te i3nanf!.7e!aosef;.'.... JORDAN D.CUNNINGHAM,ESQUIRE PA I.D.No. 23144 CUNNINGHAM&CHERNICOFF,P.C. 2320 NORTH SECOND STREET HARRISBURG,PA 17110 TELEPHONE: (717)238-6570 FACSIMILE:(717)238-4809 EMAIL:JCUNNINGIIAtvI C'CLAWPC.COM ORCHARD ASSOCIATES, IN THE COURT OF COMMON PLEAS t/d/b/a ORCHARD APARTMENTS, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. NO. 13-5923 JORYMAR BORRERO-SANCHEZ, CIVIL ACTION-LAW Defendant WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to the Plaintiff: The apartment premises known and numbered as 2206-J Cedar Run Dr. Ext., Camp Hill, Cumberland County, Pennsylvania. (2) To satisfy the costs against: Not applicable. You are directed to levy upon any property of: Not applicable. a)S T5 13.2•2s ?c SEAL OF THE COURT: / PROTHONOTARY DATE: IDya/A1 TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand and the se of said Court a Carlisle, Pa Thi day of 20 Prothonot I