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ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
Vo
TANISHA DENNIS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
ORDER
AND NOW, this ~'~ day of SEPTEMBER, 2001, upon review
of the annexed Complaint and the motion of Jordan D.
Cunningham, Esquire, a hearing pursuant to the Model
Expedited Eviction of Drug Traffickers Act, 35 P.S. §780-
164(a) is set for the ~ day of ~/~,~ ,
at //~/.M., in the Cumberland County Courthouse,
Pennsylvania.
this Defendant
2001,
Courtroom NO. / , Square, Carlisle,
Notice of service of this Order on
shall be accomplished either through the Sheriff's office
or by any competent adult by personal service.
BY THE COURT:--
ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
Vo
TANI SHA DENNIS,
Defendant
: CUMBERLAND COUNTY,
: CIVIL ACTION - LAW
IN THE COURT OF COMMON PLEAS
PENNSYLVANIA
COMPLAINT
AND NOW comes the Plaintiff, ORCHARD APARTMENT
ASSOCIATES, t/d/b/a ORCHARD APARTMENTS, by and through its
attorneys, Cunningham & Chernicoff, P.C. and files this
action at law and in support thereof avers the following:
1. Plaintiff, ORCHARD APARTMENT ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS, is a limited partnership which is
registered with the Pennsylvania Department of State having
a registered address of 2204 Cedar Run Drive, Camp Hill,
Cumberland County, Pennsylvania.
2. The Defendant, TANISHA DENNIS, is an adult
individual who resides at 2202-D Cedar Run Drive Ext., Camp
Hill, Cumberland County, Pennsylvania.
3. At all times material to Plaintiff's cause of
action, Plaintiff, ORCHARD APARTMENT ASSOCIATES, t/d/b/a
ORC}{ARD APARTMENTS, has been the legal owner of the tract
of land on which the building in which the Defendant
resides is sited.
4. On or about February ll, 2000, Defendant executed
a Lease Agreement by the terms of which the Defendant
leased from the Plaintiff a residential apartment, 2202-D
Cedar Run Drive Ext., Camp Hill, cumberland County,
Pennsylvania for a term to expire on March 31, 2001 , after
which initial term, the lease continued on successive terms
for one (1) month each pursuant to Lease Rider. Defendant
occupies an apartment unit which is subsidized under
federal housing program, generally known as Section 8.
true
Cedar
a
A
and correct copy of the Lease Agreement for 2202-D
Run Drive Ext., Camp Hill, Cumberland County,
2
Pennsylvania is attached hereto, made part hereof, and is
marked as Plaintiff's Exhibit "P-l".
5. At all
belief and therefore
Defendant's boyfriend,
times relevant hereto, Plaintiff is of the
avers that Ricky Carroll, the
was a person who was a guest and/or
resided, with Defendant, at Defendant's apartment unit and
with her consent, and is a person over whom Defendant had
control.
6. On August 11, 2001, the Lower Allen Township
Police responded to a county request to search for a silver
Cadillac automobile owned by a Ricky Carroll. Mr. Carroll
was suspected of just having been involved in a robbery in
Swatara Township. The vehicle owned by Mr. Carroll was
discovered by the Lower Allen Township Police parked in a
no parking zone at Orchard Apartments, just outside of the
Defendant's apartment. The Lower Allen Township Police
Department reported the discovery. At that time, the Lower
Allen Township Police was further advised by the City of
Harrisburg Police there was an outstanding warrant for the
arrest of Mr. Carroll, for a different robbery, and were
requested to execute the warrant.
was being observed, a
apartment was obtained.
a search warrant, the
While Mr. Carroll's car
search warrant for Defendant's
Upon obtaining the execution of
Lower Allen Township Police
Department executed the search warrant and arrest warrant
and discovered Mr. Carroll and Defendant inside Defendant's
apartment. While processing Mr. Carroll, the Defendant and
the other occupants of Defendant's apartment, crack
cocaine, a controlled substance, as defined in Section 2 of
the Act of April 14, 1972 (P.L. 233, No. 64), was
discovered in the master bedroom of the apartment unit.
The crack cocaine was of a quantity and packaged in such a
way as to support a finding that either Mr. Carroll and/or
Defendant possessed the same with the intent to sell and
distribute the controlled substance or, in the alternative,
were involved in a conspiracy to commit such an act.
7. The crack cocaine and a marijuana "blunt"
seized by the Lower Allen Township Police Department,
tested, and a positive result was obtained.
were
field
4
8. 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 Eliaibilitv. 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:
(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;
(f)
Notwithstanding any other provision of
this lease, the Tenant, members of the
Tenant's household, guests of Tenant
and other persons under Tenant's
control shall not engage in unlawful
activity, including drug-related
criminal activity, in the Tenant's unit
or on the project premises, and such
unlawful activity shall be cause for
termination of tenancy. -Drug-related
criminal activity" means the illegal
manufacture, sale, distribution, use or
possession of a controlled substance as
defined in Section 102 of the United
States Controlled Substances Act, 21
U.S. Code Section 802. Criminal
conviction under Federal, state or
local law shall not be a precondition
for termination of tenancy.
COUNT I - PETITION PURSUANT TO MODEL EXPEDITED
EVICTION OF DRUG TRAFFICKERS ACT
9. Plaintiffs incorporates Paragraphs i through 8 of
the Complaint as if more fully set forth herein.
10. Plaintiff is a landlord who has standing under
Section 155 of the Model Expedited Eviction of Drug
Traffickers Act (hereinafter referred to as "Act"). 35
P.S. §780-155.
11. Plaintiff is of the belief and therefore avers
that Defendant's guest and/or co-tenant, on August 11, 2001
was involved in drug-related criminal activity on or within
the immediate vicinity of the leased residential premises
leased to the Defendant. Additionally, Plaintiff is of the
opinion that the individual rental unit was used by the
Defendant and her guest and/or co-tenant in a way to
further or promote drug-related criminal activity.
12. Plaintiff seeks the jurisdiction of the Court and
the expedited proceedings provisions of the Act and
6
requests a hearing on this matter be heard within fifteen
(15) days of the date of the filing of the Complaint.
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, Tanisha Dennis and Ricky Carroll,
and all other members of her family. 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 Sheriff's Office of Cumberland
County, Pennsylvania.
COUNT II - IN EJECTMENT
14. Plaintiff incorporates Paragraphs i through 13 of
the Complaint as if more fully set forth herein.
7
15. Plaintiff's agent, Debbie Anstine, after a total
review of Defendant's history, reached a decision to
terminate the Defendant's Lease Agreement and/or not renew
the Defendant's Lease Agreement for the following reason:
(a) As a result of Defendant and/or guest
and co-tenant, on August ll, 2001, having
directly possessed, stored, distributed,
transferred, used, and sold or conspired to
possess, store distribute, transfer, use and sell
in or about the immediate vicinity of her
apartment a controlled substance which, in the
opinion of the Plaintiff's agent, represents a
substantial violation of the terms of the Lease
Agreement, specifically, Paragraphs 13(b), 13(c)
and 13(f), HUD Regulations, specifically 4-18 of
the HUD Technical Handbook, Transmittal 4350.3,
and the Pennsylvania Landlord and Tenant Act, all
of which constitutes a material noncompliance
with the terms of the Lease Agreement as defined
8
under HUD Regulations and Paragraph 23 of the
Lease Agreement.
16. Defendant, although requested to do so by the
Plaintiff, has refused to surrender the premises located at
2202-D Cedar Run Drive Ext., Camp Hill, Cumberland County,
Pennsylvania, to the Plaintiff and has since the time that
she received the Notice to Quit has continued to remain in
possession of said premises.
17. The Plaintiff has not defaulted in its responsi-
bility to provide a habitable premises to the Defendant and
is of the belief and therefore avers that the premises
being occupied by the Defendant are in such a state as not
to violate the implied warranty of habitability owed by the
Plaintiff to the Defendant.
WHEREFORE, the Plaintiff demands entry of judgment
against the Defendant, Tanisha Dennis and Ricky Carroll and
in favor of the Plaintiff on the issue of possession of the
premises known and numbered as 2202-D Cedar Run Drive Ext.,
Camp Hill, Cumberland County, Pennsylvania.
Date: September 6, 2001
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
-//~dan~'D /~nningham, Esquire
44
2320 ~orth Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
10
FROM .: IRM AT ORCHARD APTS FAX NO. : 7177~0932~ Sap. 06 2~1 Oi:O1PM Pi
SE~-06-2~1 15; 17
X, De~ie Ans~in~, site Manager00~chard A~artm~nte,
a=e t~e an~ correc~ =o the ~est o~ my kn~ledge,
~fo~icn an~ ~lle~. I ~erS~ ~hat ~alse 8ta=ements
he=~ are made s~jec= =o ~ p~lties o~ 18 Pa. C.S.A.
S4904, =ela~l~ =o ~n~ falsi~ica~ ~o au~hori~ies.
o~char~ A~&~cmen~ S
TOTAL P.OI
~P-06-2001 15:25 7177~9323 95X P.01
E X H I B I T 'P-i'
1. PARTIES AND DWELLING UNIT:
The parties to this Agreemen~ are
, ~{[~SIDENTIAL LEASE AGREEMEN3 '
ORCHARD APARTMENTS
to as the Landlord, and DENN I S r TAN I SEA
asthe~nant. TheLandlord~ases{othe~n~lunitnumber 2202-D CEDAE RUN
tocaledal 2201 CEDAE RUN DRIVE, CAMPHILL, PA Tn~'
ORCHARD APARTMENTS
LENGTH OFTIME (TERM):
The ihilial tore of this Agreemenl shall begin on
MARCH 31, 2001
ct one MONTH
RENT:
19.00
FEBRUARY 11,2000
ior the partial month ending on 2 -- 29 - 2000 . After that. Tenant agrees ID pay a rent of
$ 31.00 pe, month. Th[s amount is due on the FIRST day ol the mon~h at 2204 CEDAR RUN DR.
CAMPHILL PA 17011 RENTAL OFFICE ·
remains un pad dung the month. The Landlord may n(3t t~rminato this Agreement io~ the failure ~ my ~at..e charges, b~l may ~erminate this ~ in, lift ~1
6. CONDITION OF DWELLfNG UNIT:
By signing this Agreement, the Tenant acknowledges Ihat the unit is sale. clean and in gc~:J condition. The Tenant agrees that all appliances and
equipmenl in the unil are in good working Order, except as described o,1 the ~ntt Ins~ecfim~ Re.ri which is Aitachmmlt NO. 2 to this Agreement.
The Tenant also agrees that Ihe Landlord has made no promises to decorate, alter, repair o~ imp'ova the unit, except as lisled On Ihe Unit In~r3ectton
Rem3rt
7, CHARGES FOR UTILmES At, ID SERVICES:
The ioUOWlng cha~ts describe how the cost el utilities and services related to occupancy ot the uni~ will pa paid. The Tenant agrees that these charts
accur aleiy deSCribe the utililies ami services paid by the Landlord and lhose paid by tl~e Tenant.
a. The Tenanl must pay tot the utilities in column [1 ). Payments should be made directly to the appropriate utility company. The items in column
(1)
X
X
8. SECURITY DEPOSITS:
~/pe of Utility
Heat ....................................................
bghts, Electdc ....................................
Waler ..................................................
Other (Spa°ly) Trash. Sewage ..........
Phone ..................................................
All Utility Hook-ups ............................
{2)
Put 'X" by any Utility
Included In Tenant Rent
13. GENERAL RESTRICTIONS:
The Tenant must live in the unit and the unit must be the Tenant's only ;~ace of tesKlence. The Tsna~t shat) use ~he premises only as a prh~ate
RULES:
28. SIGNATURES:
TENANT
Dale Signed
Dale S~gned
LANOLORD~ORCHARO APARTMENTS
By:
3[R-203 PIIFA
5/82 4/98
R~NEWAL TO RESIDENTIAL LEASE AGREEMENT
TUIS RENEWAL TO THE Residential Lease Agreement (Lease) is made
this ,~TC~/day of .~(~ , 200! , by and between
NOW THEREFORE, IN CONSIDEI~ATION of the Landlord entering into tile
Residential Lease Agreement with Tenant, the independent promises and
covenants of each to the other~and the rent reserved, and intending to
be legally bound, Landlord and Tenant enter into this Renewal to the
Residential Lease Agreement and agree as follows:
1. Tenant, upon signing this Renewal, agrees that the term of the
.Residential Lease Agreement shall be for (1) year beginning on the
day of ~/~/ 200~ and ending on the ~C~day of
~.-c~,~- /
L~.~y. ~'~; , or until terminated according to the terms and
conditions of'the Residential Lease Agreement. MONTH TO MONTH
iI 2. Tenant, in the event he desires to terminate the Residential
Lease Agreement, shall tender to the laudlord written notice of Tenant's
desire to vacate the premises aud said notice shall be tendered to the
landlord at least thirty (30) days prior to the date Tenant intends to
vacate the premises. If Tenant fails to tender the required thirty (30)
day written notice, he shall be liable for the monthly renta~ payment
for tbat thirty (30! day period of time together with any other damages
provided for in the Residential Apartment Lease.
3. Tenant and Landlord agree that upon signing this Reuewal, the
monthly rental amount for Rental Unit No. ~ shall be $
Of the'total rent, $ ~-'~ shall be payable by the Pennsylvania
Housing Finance Agency as housing assistance payments on behalf of the
Tenant and $ '~c~~ shall be payable by the Tenant in the following
manner:
(a) $ /~/~.~o as the estimated monthly utility cost for electricity.
The Tenant i~ responsible for paying the apartment electric bill to the
utility company.
(bi as the monthly rental payment to the Landlord.
These amounts shall be subject to change by reason of changes in
the Tenaut's family income, family composition, or extent of exceptional
medical or other unusual of ]lousing and Urban Development; or by reason
of adjustment by the Pennsylvania Housing Finance Agency or any applicable
Allowance for Utilities and Other Services. Any such change shall be
effective as provided for in the Renewal.
IN WITNESS WHEREOF Tenant and Landlord have hereunto set their
and year first above wri -eh.
hands and seal~ all as of tile day ~ year first above ~
Y~Reside~anager (seal}
22O4 CEDAR RUN DRIVE EX'TI~ID£D
CAMP HILL PA 17011
(717) 763-0937
FAX (717) 730-9323
TDD (800) 497-3843
NON-INCOME AFFIDAVIT
I, -- I ~,~i '~,,.~, - 't q~ , residing at; 22 Cedar Run Drive, Camp Hill, PA
17011, do hereby swear and affirm that I DO NOT have mTy income. This includes but is not limitedSo
income from any of the following:
1. Wages, Public Assistance/Welfare (ADC, OR, etc.), Social Security, SSI, etc.;
2. Child Support or Alimony.
3. Regular monetary gifts from family or friends, etc.;
4. Assets (homes, stocks, etc.; this includes inherited property);
5. Interest income from Savings, Checking, Christmas Club and other bank accounts, IRA's,
Certificates of Deposit, Money Market Funds, Credit Unions, etc.;
6. U.S. Savings Bonds, Stocks or Bonds of any kind;
7. Pensions, Annuities, Retirement Funds, etc. (this includes benefits you may receive from being
a beneficiary of a life insurance or retirement plan);
8. Real Estate Property, etc.; :
9. ANY INCOME, EARNED OR UNEARNED.
WARNING: Section 1001 of Title 18 of the U.S. code makes it a criminal offense to make willful false
statements or misrepresentation of any material fact involving the use or obtaining of Federal Funds.
Also, Paragraph 25 of your Lease Agreement states: "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 to termination of tenancy."
ResidentfApplicant Signature
Signed this, the ~=7~cl~'day of
~'~:~Dct.t~-{~._~ ,2001.
READ THIS BEFORE YOU COMPLETE AND SIGN THIS FORM. HUD,-50059
PRIVACY ACT STATEMENT. The Department of Housing and Urban Development (HUD) is
authorized to collect this information by the U.S. Housing Act of 1937, as amended (42 U.S.C. 1437 et.
Seq.); the Housing and Urban-rural Recovery Act of 1983 (P.L. 98-181); the Housing and Community
Development Technical Amendments of 1984 (P.L. 98-479); and by the Housing and Community
Development Act of 1987 (42 U.S.C. 3543). The information is being collected by HUD to determine an
applicant's eligibility, the recommended unit size, and the amount the tenant(s) must pay toward rent and
'utilities. HUD uses this information to assist in managing certain HUD properties, to protect the
Government's financial interest, and to verify the accuracy of the information furnished. HUD or a Public
Housing Authority (PHA) may conduct a computer match to verify the information you provide. This
information may be released to appropriate Federal, State, and local agencies, when relevant, and to civil,
criminal, or regulatory investigators and prosecutors. However, the information will not be otherwise
disclosed or released outside of HUD, except as permitted or required by law. You must provide all of the
information requested, including' the Social Security Number (SSNs) you, and all other household family
members age six (6) years and older is mandatory; not providing the SSNs will affect your eligibility_
Failure to provide any information may result in a delay or rejection of your eligibility approval.
TENANT(s)' CERTIFICATION. I/We certify that the information in Parts II, III, and IV of this form are
tree and complete to the best of my/our knowledge and belief. I/We understand that I/We can be fined up to
$10,000, or imprisoned' up to five years, or lose the subsidy HUD pays and have my/our rent increased, if
VWe furnish false or incomplete information.
OWNER'S CERTIFICATION. I certify that this Tenant's eligibility, rent and assistance payment have
been computed in accordance with HUD's regulations and administrative procedures and that ~11 required
verifications were obtained.
WARNING TO OWNERS AND TENANTS. By signing in part VIII of this form, you axe agreeing with
the applicable Certification.
FALSE CLAIMS STATEMENT. Warning: U.S. Code, Title 31. Section 3729, False Claims, provides a
civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages for any
person who knowingly presents, or causes to be presented, a false or fraudulent claim; or who knowingly
makes, or caused to be used, a false record or statement; or conspires to defraud the Government by getting a
false or fraudulent claim allowed or paid.
PUBLIC REPORTING BURDEN. The reporting burden for this collection of information is estimated to
average 1 hour per response, including the time for reviewing instructions, searching existing date sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information.
Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Reports Management Officer, Office of Information
Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600;
and to the Office of Management and Budget, Paperwork Reduction Project (1502-0204), Washington, D.C.
20503. Do not send this completed form to either of these addresses.
Tenant Signature Date
Form HUD-50059 (8/87)
Ref. Handbook 4350.3
%%
ORCHARD APARTMENT, :
t/d/b/a ORCHARD APARTMENTS, :
Plaintiff :
TANISHADENNIS
Defendant
AND NOW,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: 01-5256 CIVIL TERM
this 24th day of September,
2001, upon
consideration of the complaint filed in the above-captioned matter
and following a hearing, the record is declared closed and the
matter is taken under advisement.
Jordan D. Cunningham, Esquire
2320 North Second Street
Harrisburg, PA 17110
For the Plaintiff
Tanisha Dennis, Defendant Pro Se
2202 D Cedar Run Drive Extended
Camp Hill, PA 17011
pcb
By the Court,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORCHARD APARTMENT
ASSOCIATES, t/d/b/a
ORCHARD APARTMENTS,
Plaintiff
TANISHA DENNIS,
Defendant
NO. 01-5256
CIVIL ACTION - LAW
ORDER
AND NOW, this .~__~day of September, 2001, after hearing having been held on
Plaintiff's Complaint filed pursuant to the Model Expedited Eviction of Drug Traffickers
Act, judgment in £avor of Plaintiff, Orchard Apartment Associates t/d/b/a Orchard
Apartments, and against Defendant, Tanisha Dennis, for possession of the premises known
and numbered as 2202-D Cedar Run Drive Ext., Camp Hill, Lower Allen Township,
Cumberland County, Pennsylvania is hereby GRANTED. Defendant and all members of
her household are completely evicted from the premises known and numbered as 2202-D
Cedar Run Drive Ext., Camp Hill, Lower Allen Township, 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 SheriffofCumberland County. The
Sheriff of Cumberland County is ~:.rcet~ to effect the eviction of the Defendant and all
members of her household immediately. The Sheriffshall serve the Writ of Possession on
the Defendant either by personal service or by posting the Writ of Possession on the most
public or conspicuous portion of the premises known and numbered as 2202-D Cedar Run
Drive Ext., Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania.
BY THE COURT:
ff' '~/ ' ' J' 'C~
2
SHERIFF'S RETURN -
CASE NO: 2001-05256 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORCHARD APARTMENTS ASSOCIATES
VS
DENNIS TANI SHA
REGULAR
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to
says, the within COMPLAINT & NOTICE was served upon
DENNIS TANISHA
the
law,
DEFENDANT , at .0018:10 HOURS, on the 17th day of September, 2001
at 2202-D CEDAR RUN DRIVE
CAMP HILL, PA 17011
TANI SMA DENNIS
by handin9 to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff.s Costs:
Docketing 18.00
Service 10.40
Affidavit .00
Surcharge 10.00
.00
38.40
Sworn and Subscribed to before
me this 2 ~ ~-~
day of
So Answers:
R. Thomas Kline~'~ =---~
09/18/2001
CUNNINGHAM &~ICOFF
/~-puty Sheriff