HomeMy WebLinkAbout02-5367COMMC)NWEALTH OF PENNSYLVANIA
NOTICE OF APPEAL
COURT OF CCXMMON PLEAS
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. C~),~_ ~ ~ ~
NOTICE OF APPEAL
~fice is gi~ ~t ~ ~flt ~s fi~ in t~ a~e Corot of C~ ~s ~ ~1 f~ ~e j~t ~md ~ t~ ~strid Just~e ~ t~
~ a~ in ~ c~ ~ ~
-',
FILE A OOMPLAINT within t~nty (20)
S~a~ of ~ot~y ~ ~ty filing his ~TICE of A~EAL.
PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This sect/on of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotory /~ ~/~
Enter rule upcm. ~/~
'/' ~ of ~a~e#ee(s) , appellee(s), to file a complaint in this appeal
RULE: To ~ ,)I,~ //~-,~'/,~'///~I/,.C
J Ne/ne of apl~lee(s)
~'~--~ ~ within twenty (20) days after smvic~f rule or suffer eflt~ of. j~dgmeflt of non pros.
/
(1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within t~-~y (20) days after the date of
service of this rule upou you by personal service o~ by certified or regisl~-~l mail
(2) If you do not file a complaint within this time, a JUDC~M~NT OF NON PROS WILL B~ ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
F SS
COUNTY 0 ................
AFFIDAVIT: I hereby swear or affirm that I served upon the District Justice designated therein on
a copy of the Notice of Appea, Common Pleas No
[] date of service) , ~ by personal service [] by (certified) (registered) mail, sender s
rece pt attached hereto, and upon the appel ee,
[] by personal service [] by (certified) (registered) ma I, sender s rece pt attached hereto.
[] ~t--f-u}th~-r~-~.~ ~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on [] by personal service [] by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS ............ DAY OF
C~MMONWEALTH OF PENNSYLVANIA
OJJNTY OFL CUMBERLAND
09-1-02
Ad~: 1901 STATE STREET
CAMP HILL, PA
(717) 761-0583
17011-0000
YONG KI
9 RICHLAND LN APT.#
CAMP HILL, PA 17011
T7
PLAINT,FF: RESIDENTIAL LEASE
NAME and ADDRESS
ONG Mmv. DOW A TS
lB RICHLAND LN APT.# 105
CAMP HTLL, PA 17011
L_
VS.
DEFENDANT:
NAME and ADDRESS
r-KI, YONG
9 RICHLAND LN APT.# T7
CAMP HILL, PA 17011
NOTICE OF JUDGMENT/TRANSCRIPT
IDocket No,: LT-0000460-02 1 ~
Date Filed: 10/11/02
THIS IS TO NOTIFY YOU THAT:
Judgment:
-- FOR PLAINTIF[~
~'] Judgment was entered for: (Name) LONG M~JLDOW APTS
Judgment was entered against KI ~ YONG in
[] Landlord/Tenant action in the amount of $ 729.38 on 10/28/02 . fDate of Judgment)
The amount of rent per month, as established by the District Justice, is $ 59__.__~.¢_~.~.
The total amount of the Security D.___eposit is $ 100. O0
T°talAm°untEstablished~z~gDJ. oloess'SecurityDep°sitA.PPol~d = Adjudicatedj~rj. ou~L~-~
Rent in Arrears $ ~-----==----$~~ = $
Physical Damages Leasehold Property
Damages/Unjust Detention ~ . uu - $ .00 = S-
E .00 --$.. .rio = $~
ess Amt Due Defendant from Cross Complaint -- $
Interest (if provided by lease) $
L/T Judgment Amount $ 649. OO
Judgment Costs $ 80.3 R
Attorney Fees $ . OI~
Total Judgment $ 729.38
Post Judgment Credits $
Post Judgment Costs $
E~ Attachment Prohibited/
Victim of Abuse (Act 5, 1996)
E~ This case dismissed without prejudice.
] Possession granted.
~]~ Certified Judgment Total $
Possession granted if money judgment i., Bt sat~sflea Dy t~me Bt ewct~on,
Possession not granted, ~--~ Defendants are jointly and sg.vef~i~abl~-...-
J~ Levy is stayed for days, or~-j generally stayed. ~ f,/~.~ ~ %
~ Objection to Levy has been fil'ed and,hearing will be held:
Place:
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RES DENT~L LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF~UDG~ ~NT IN WHICH TO FILE A NOTICE OF APPEAL WITH ~HE PROTHONOTARY/CLERK OF
COURTS ~F THE COURT OF COM~E~S, ~ ~L DIVI~. ~_ ·
THE "~F~ING AN A~PEA~ ~JUD~ENT/TR~CRiPT FO"M W TH THE NOTICE
· SEAL ..
L
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (I0) DAYS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA o --
COUNTY
OF
AFFIDAVIT: I hereby swear or affirm that I served
~/~a,c,°pY ~f the, Nr!tice.,°f/A_pp. eatvCommon Pleas No, ~ _~2~ 2'..~-~' ~ ....... upo~e District Justice designated therein o~
(care o,r serv/ce)__JV ¢j ...V.._~_~..¢ .....L~-~-~-~-~-~-~-~.~~ .................. .El by personal .s,.erv_ice.l~ by (certif ed) (reg st. cred) ma,il sender s
re~c.eip~ att cried hereto nd upon the arx}el~ee, [n i ~,. ¢'13~.,,~. ~ ~ '--- ,'.. -- ' " · ,'
~vo~.~._0~_t ~'Y [] by personal service ,[~by (certified)(register~ m%ii~ sender's
[] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on ............... [] by personal service [] by (certified) (registered)
mail, sender's receipt attached hereto
SWORN (AFEIRMED)AND SUBSCRIBED BEFORE ME
T
My commission expires on
Postage
Certified Fee
Return Receipt Fee
{Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
or PO Box No.
~.2.30
$ $2.67
LONG MEADOWS APA~RTMENTS, L.L.P. ,
Plaintiff
YONG KI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAi~ID COUNTY, PENNSYLVANIA
:
: NO. 02-5367
:
: CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this Complaint and Notice are served, by entering a
written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166 OR (800)990-9108
NOT I C IA
Le han demandado a usted en la corte. Si usted guiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene viente
(20) dias de plazo al partir de la fecha de la demanda y la notificacion.
Usted debe presenter una apariencia escrita o en persona o por abogado y ~
archivar en la corte en forma escrita sus defenses o sus objeciones a las
demandas en contra de su persona. Sea avisado gue si usted no se
defiende, la corte tomara medidas y puede entrar una orden contra usted
sin previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO P~J~A AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166 OR (800)990-9108
nicholas\complaint
LONG MEADOWS APARTMENTS, L.L.P.,
Plaintiff
YONG KI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTy, PENNSYLVANIA
:
: NO. 02-5367
:
: CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff is Long Meadows Apartments, L.L.P., Pennsylvania
limited liability partnerhsip, with a place of business at 1 Richland
Lane, Camp Hill, PA 17011.
2. Defendant is Yong Ki, an adult individual whose present
address is unknown but whose address up until approximately a week ago
was 9 Richland Lane, Camp Hill, PA 17011.
3. By a written lease contract dated March 9, 2001 (a copy of
which is attached hereto as Exhibit "A"), the parties entered into a
written rental agreement by the terms of ~lich Plaintiff leased to
Defendant Apartment T-7 at the aforesaid apartment complex, for a term of
six months Commencing April 1, 2001, with provision for renewals and
holding over.
4. Defendant has occupied said apartment pursuant to the lease
from April 1, 2001 until about November 9, 2002, paying the current
agreed upon monthly rental of $590.00, except the rent remains unpaid for
October and November 2002.
5. Additionally, Defendant maintained a dog in the premises but
failed and refused to pay the extra charge therefor in the amount of
$15.00 per month for the months of October and November 2002 and refused
to sign the pet addendum to the lease.
6. Plaintiff is entitled to reimbllrsement for attorney fees
expended in the amount of 10% of the amount owing, which would be
$132.80.
7. Additionally, Defendant has failed to pay the monthly late
charge of $59.00 for the months of October and November 2002.
WHEREFORE, Plaintiff demands judgment against Defendant in the
sum of $1,180.00 plus $30.00 plus $118.00 plus $132.80, or a total of
$1,460.80.
nicholas\complaint
YOFFE & YOFFE, P.C.
NORMAN M. YOFFE, ESQUIRE
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 07135
LONG MEADOWS APARTMENTS, L.L.P.,
Plaintiff
VS.
YONG KI,
Defendant
: IN THE CC,URT OF COMMON PLEAS OF
: ~6~CO~TY, PENNSYLVANIA
: NO.
:
: CIVIL ACTION - LAW
VERIFICATION
I hereby state that I am an. adult individual who is authorized to
make this verification and that the facts set forth in the foregoing
Complaint are true 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. §4904 relating to unsworn falsification to
authorities.
Dated:
Manager of Long Meadows
Apartments, L.L.C., duly authorized
managing agent for Plaintiff
V.M.C. MANAGEMENT CO., INC.
PENNSYLVANIA
Apa.mnent Lease Agreement
PARTIES
1. This Lease Agreement Ilhe "Lease"). made this 9th day of HARCH 200].
by end between VISTA MANAGEMENT CO., INC., trading end doing business as V.M.C.
MANAGEMENT CO., INC., es Agent for LONG MEADOWS APARTMENTS
hereinafter designated "Landlord'*. and the following individuals hereinafter collectively designated
"Resident':
NAME
YONG U. KI
AGE |OPTIONAL)
b. JOON E. LEE
c. SEUNG J. LEE
d. SOLOMON LEE
SPECIFICS
APARTMENT ADDRESS
1 ? O 1 ] IZip Codel
U~ No. ?- 7
MONTHLY R~NT
~ 580.~0
OTHE~~
2. Landlord shall rent lo Resident the specific apartment ("tho Premises"), at the monthly
rental charge, security deposit and for the period of time, all es indicated below:
TYPE LEASE DATES - INITIAl. PERIOD MOVE*IN DATE
~*om: APRIL 1r 2001. 3/10/01.
~Two 8R To: SEPTEMBER 3__0
----------------' 0904
SECURITy
OTHER;' SIX (6) MONTH
TOTALS 100.00
In addition to the monthly rental above, Resident shall pay to La'ndlord as rental all charges
repairs under Persgrapbs 22 and 23 below.
USE
Tolel $ 4~ 1 . 00
3. The Premises shell be used for residential purposes only. No one shall Five in
the Premises olher than those named above unless prior written approval is given by
Landlord.
NO ASSIGNMENT
OR SUB~EASE
4. Resident shall not transfer possession of the Premises by sublease or assignment
without Landlord's prior written consent; provided, however, that Landlord's consent lo
such transfer shall not be unreasonably withheld.
ILI, EGAI, ACTIVITY
BY RES/DENT
5. Resident shalr OCCUpy end use the Premises, and the property of which the
Premises is a part (the "Property"), in compliance with all Federal, Stale end Local laws.
ordinances and regulations now in force or hereafter enacted end imposed. Violation of
such laws, ordinances and regulations by Resident shell be sufficient cause for termination
of this Lease by Landlord. end in the event of such ' ·
v~olat~on Resident hereby waives the
right lo such notice to quit the premises es is provided under Paragraph 28 below.
EXHIBIT "A"
LI,4BILITY OF
RES/DENT
E. Each person listed in Paragraph 1 above and designated collectively es 'Resident'
shall be individually responsible for fully performing all of Rasident's obligations under this
Lease, end each such person shall be liable for any breach of any such obligation.
PROPERTY
RULES
7. Resident shell conform to Landlord's Rules end Regulsfions governing The Property
("Rules"), which are attached to this Lease and made a pert thereof, and hereby accepted
by Resident. Rules hereafter made by Landlord shell else be binding. Conformance to
these Rules shall be e condition of this Lease, and violation of these Rules, or any one of
them, bY Resident shall be sufficient cause for termination of this Lease by Landlord.
POSSESSION
8. Landlord shall not be liable to Residen! for any failure to give Resident possession
of the Premises ("Possession'} at the start of this Lease, nor shall any such failure constit-
ute a breach under this Lease. However, Rent ahab} only be charged from the date on
which Possession is made available to Resident, and any such pro-rata charge shell be
indicated in Paragraph 2 above, ff Landlord cannot give Resident Possession within 30
days after the starting date of this Lease, Resident shall have the option to cancel this
Lease.
SECURITY DEPOSIT
9. a. Amount and Disoo§ifi~. A security deposit in the amount indicated in
Paragraph 2 above (the Security Deposit'l shall be deposited in The account of
Lon~ Headpins in an interest-bearing account et bla'cionsban~ On the second (2nd)
anniversary of this Lease, interest shall begin to accrue on the Security Deposit lif it
exceeds $100.O0} and shall be paid to Resident in accordance with the statutes of The
Commonwealth of Pennsylvania. This Security Deposit chill never be applied al rent, and
nothing in this Lease shall be construed as making it obligatory upon the Landlord to so
apply it.
b. Return of Security Deposit. If Resident complies WJl:h The terms, agreements and
conditions of this Lease, Landlord shall return this Security Deposit within 30 days after the
end of the Lease, including any extension or renewal thereof. Upon termination of this
Lease, or surrender and acceptance by Landlord of the Premises, Resident shell provide
La,ndlord with Reeident's new address, in writing, for The purpose of Landlord providing
Resident with (1) e written list of any damages, and (2) payment of the difference between
The Security Deposit and actual damages caused by Resident. Landlord shall have the right
to use as much of the Security Deposit as is necessary to pay for damages resulting from
Resident's occupancy of the Premises. If such damage occurs prior to termination of This
Lease, Resident shell replace The amount, if any, of The Security Deposit used by Landlord
to repair such damage.
c. Sale of the Property. If Landlord sells the Property, Landlord may transfer the
Security Deposit to the new owners of the Property for Resident's benefit. Landlord shall
notify Resident of any such sale end transfer, whereupon Landlord shall be released of all
liability relating to the Security Deposit.
UTILITIES
10.
a. Landlord's resoon§ibilil;y. Landlord shalt pay for the following utilities:
[] Electricity {~ Water-Sewer [] Gas-Heat
[~ (~a~ ~t:ove/ Hot Water {~ Trash Removal {~ Phone
D Cable-TV []
b. Re$ident'$ responsibilitY. Resident alkali pay for the following utilities:
~ Electricity [] Water-Sawer ~[~ Gas-Heat
~ Ges-Range~K~l~lK~t~ ~ Trash Removal ~[~ Phone
~ Cable-TV _r~
-2-
RENT pA Y~NT
11. Resident shall pay, witl'iout notice or demand by Landlo~rd, ell rent due and Payable
as set forth in Paragraph 2 above {~he "Renl"~ by ~heck or money o~der a{ the remal ofl~ce
onor before lhe lirst Hsd day of every momh, Timeis ot the essence. Acceptance
Landlord of ~ check for Paymem of Ren~ is conditional and Ren~ shall no~ be deemed ~o be
fin=ll~ paid umil p=ymen~ of ~he check by Resid=m's bank. Res~iden~ hereby Waives any
righ~ to set-o~f ~he Remal a~cordmg ~o any o[her claim agatha{ Landlord.
NO CASH WILL BE ACCEPTED, MAKE CHECK OR MON .
C~A~CES
~2. ~. ~;e ch~rqe. A la;e cha;ge of 10% sha~l be added ~o all momhl~ ~en~
nol received in the ran{al olfice by the fil~h ~5Ih} of every momh Any check no[ cleared
by Residem's bank shall be considered la[e ~ent and sublecl ~o ~he 10% lale charge.
b. S~vic~ ~harq~ A service charge of Iwen~y dollars f$20l shall be ,reposed
each check ~etumed unpaid due ~o non-sufficient fun~s or lot any othe~ reason. Such
re{umed checks shall be picked up by Residen~ at L~ndrord's ran[al of rice.
~0 W~/VER ~
LA ~D~ ORD
13; Landlord shall have the righ~ ~ require s~ric{ compliance with the
agreements, and condmons of {hl~ Lease withou~ having insisted upon s~ric~ Compliance
all I~mes during ~hJs Lease. NO COnduc[ inc0nslstent Wilh lh~s righ~ shall be a wmver
such right, nor creal~ a cuslom o~ modificallon of ~h~s Lease.
DEFA UZ T/~
R/GHT TO ~ CCELER~ TE
RE~T
14. In the evem of a defaull in ~he paymem of Rent, Landlord '.~hall have ~he righ~
immed,ia~e Payment in ful~ ol ~11 Rent and additional charges reserved fo~ ~he ~=mamder
{he unexmred {erin of [his Lease. Landlord shell also have lhe rmmedia~e r~ghl ~o enlorc~
coll~c{~on of these Paymenls ~ga~ns~ Resident No,withstanding (his r~ghl Io accelerate
Rani, m {he evenl of a default m ~he P~ymem ol Rem or any other obligation Owing
~his L=ase, Landlord shall also have {he ngh{ ~o exercise
- olher n*~cessa~y at,tons and
due processes of law m coil=ct d=mag=s and money owing IO Landlord based on ~he then.
applicable l~ws ol {he Commonw=ahh of Pennsylvania, Including eleClmenl and avicbon
p~oceedmgs when necessary.
RE~T /NCRER ~E
15. Aher lhe initial p~riod ol ~his Lease as mdicaled in P~agrapl~ 2 above, the momhiy
RENT MAY BE INCREASED by L~ndlo~d g~vmg s~xw {SOl days' wry[iran nollce ~o
of such increase.
PR/OR TO
~OVE-/N
1G. Prior ~o move-in, Residenl shall complet~ ~he following:
a. Residen{ shell compl=le and sign the lease application, which aPplic~llO~ Shall
become part ol Ibis Lease,
b. Resident shall read, understand, and sign ;his Lease and any applicable
addilions to this Lease,
. c. Resident shall pay all moneys for Rent Securily Oeposi;, P~O-;a;a and addendum
cha;ges as indicated in Paragraph 2 above.
d. Res;dam shall inspec{ the Premises wilh Landlor0, indicating ex~sting condittons
and signing and dating [he dupJrca~e form Provided by Landlord."
RENEWAL
I 7. a. Automatic R{~ew3t. Af~e~ the m~tial period of this Lease as +ndica{ed in
Peragraph 2 above. Ih15 Lease Renews AUtomalically for · period o~ SiXly {6Ol ~ays. and
shall Conunue ~o renew lot such SlX[~ (~0~ day pedod~ unless sixty {6OI days'
lermmalmn nouce IS given b~ either Landlord o~ Resident
EXHIBIT "A"
b. Q~tion ~o ~n~w. Residenl shell have [he 0p[ion 1[o renew [his Lease lot a
period of one {1) yeef by v~irtan request and at the prevailing marke[ rent for a similar
only if Residen~ ~s nor in de/auk under any obliga[Jo~ oF [his Lease (~1 az (he time of the
E~RZ Y
TERM/~A T/ON
Residen~ moves our early with or wilhoul permission of Landlord. In addition. Res~dem
*ncluding any extension or renewal thereof.
MOVE-OUT
19. a. ~hl ol ~n~ry by Lendlo[~ Resident Shall, during the perJOd of [wo momhs
however, [ha[ Landlo~O shall g~ve Ihe P~emises; provi~eO,
b. De~[ve~v ar ~xDiratiqq ol T~m. Resi~enl shall delive,r ~he P~emises [o
~easonable wea~ and tea~ excepted. Immediately p[io~ to SUCh delivery, Resj~enl shall
jo~nHy inspect the Premises with a person Iron [he management staff, [2) indice[e
ex~s[~ng conditions, eno ~3l sign and Oa[e [~e duplicate torn P~ovided by Landlord.
moves out shall be ~eemed abandoned by Res~den[, and [ha~ Resi~enl shall pay the cos[
c. AbanOOn~' Resident shall no[j~y Landlord in wri[mg ol any
absence ~n excess of scve~ {Ti days, suc~ nozice to be g~ven no la[e~ than the fi~s[ ~ay ol
~71 days while Rent is deJinquen[, the P~emises shell be considered abandone~ and Landlord
(3} kee~ing al) plumbing hx~ures cJean and sam[a~y.
c. D~sorde~iv Cond~lc~. Res~den{ shall not use the Premises, nor allow a~y pall ol
the Premises ~o be used, for any diso~OeHy o~ unlawful purpose. Res~den[ shall not cause d. ~oke Detecl~' Residen~ shall maintain t~e smoke detector, i~ ]ns[alleO ~n
bring toro the P~em]ses o~ the P~ope~ty any animal o~ per o~ ~y kind whatsoever
Pet Agreement shall be s~gned and attached ~o ~h~s Loose.
I. ~ardous us~. Residenl shell no[ keep on o~ about [he Premises o~ [~e
P~ope~ly anylh~ng dangerous
INSURANCE
21. Resident shell insure Residsnt'e own furnishings end family. Landlord's Property
insurance ileal not cover any injury to Resident or damage to the property of Resident for
Any reason, including without limitation damage by fire, water leaks, equipment failures,
vandalism, theft, smoke, electrical mslfunctions.
DAMA GE
22. Damage to the Premises caused by Resident. Resitlsnt'e family, or Resident's
guests, shall be repaired by Landlord; provided, however. 1hot the costs of such repairs
shall be billed to the Resident and shall be payable on demand. Landlord shat! not be liable
for any injury or damage unless such injury or damage arises from the negligence or
intentional act of Landlord or Landlord's agents.
REPA/RS
23. a. N~tice. Resident shell notify management at the rental property office both
orally and in writing o1 any problem affecting the Premises. Landlord shall not be liable for
any injury or damage to the Premises unless such notice is provided.
b. Alteralign[;. Resident shell not alter, repair or decorate the Premises, nor
physically et3ach any personal property to the Premises, unless (1) Landlord's written
permission is obtained end 12) such written permission is sl~ached to this Lease Agreem-
ent.
ACCESS TO
APARTMENT
24. a. Insoection/Meintenence, Landlord shell have tha right to enter the Premises to
inspect and maintain equipment, appliances, and safety conditions on or about the
Premises. Landlord shell give advance notice o! such entry to Resident whenever possible;
provided, however, that no notice need be given in the event of an emergency.
b. ~2~.~. Resident shall be liable for any damage caused by
Landlord's inability to gain access to the Premises to effect, repair or to remedy an
emergency or similar situation, where such inability to gain access is caused by a violation
of this Lease by Resident.
c. Interruodon/Inconvenien{-e, Landlord shall not be liable for any temporary
inconvenience or interruption of services due to repairs, improvements or for any reason
beyond Landlord's control. Resident shall pay the full amount of Rent when due despite
any such inconvenience or inrerruDtion.
DESTRUCTION OF
THE PREMISES
25. a. Total Destruction. In the event that the Premises ere destroyed by fire or other
casualty so that it is not habitable as a dwelling place, end (1! this destruction occurs
through no fault or negligence of Resident, and (2) the Premises cannot be restored within
90 days of the date of the total destruction, then this Lease shall terminate absolutely.
Upon such termination, Resident shall move out of the Premises immediately end dcliver
possession to Landlord. Upon such delivery by Resident. all obligations under this Lease,
mcluding the obligation to pay Rent, shall cas~e.
b. Partial Destruction. ~
(1) Notice. In the event that The Premises ere partially destroyed by fire or
other casualty ("Partial Destruction"), Re~iident shell notify Landlord es soon ss
possible both Orally and in writing of such Partial Daet3ruction.
(2) Landlord's Duty. In the event of any Partial Destruction, upon notice
by Resident to Landlord ss required by Subparagraph (bi(l) above, Landlord shall,
without delay, correct or commence to correct the pardal Destruction if such Partial
Destruction threatens the Premises or the ProDerty.
¢3) Landlord's Ootiqn to Restqr~ In the event of any Partial Destruction.
Landlord, after Landlord has determined to its sole SStil;factlon that such Partial
Destruction may be restored using customary end reasonable construction methods
within 90 days of the notice of such Partial Destruction, shall have the opt;on of
restoring the Premises, Resident shall permit Landlord end Landlord's agents to
EXHiBit "A"
entlr the Premises end hive pOileslion for ell purposes incident to such rll.
toretion. L~ndiord sh~li not be lilble to Relident for shy Iaea or damage, including
without limitation inconveniences temporary suspermion of utility lervicss, or other
reasonable lis tat Onl Upon Rllidlnt'l IO~ls to oil use of the Premises or the
Proper~y arising from luch P~t II Daltrucfion or raltorltion pr~vi~e~, however.
~h~ L~ ord ~nd ~ndlord's agents ~ha I not un~ea~onlbly interfere wi~h
use and enjoyment of th~ Premises ~nd t~ Propen~. ~nt sh~ ~n~n~e to
~ p~n of ~e Pr~ rBd~r~ u~fl~l. In the event Landlord and
Des~u~on, ~si~ent Ihlll pay t~ full remount mhd may seek recovery of the
overpayment in a legal a~ion Iglinlt ~ndlord. No~withitanding any of the Ibove.
if such Ps,iai De=tru~ion occurs due to t~ negligence or intentional ac~ of
Resident, Landlord shall have the option of terminatmg this Lease.
~LORD ~EMED/E~;
G~NE~L
· TA
26. In the event thaz Resi4ent {1) fails to make ~ny P~yment require~ un,et the terms,
covenants and ~nd~tions of this Lease, including without I]n~it~tion Rent =s required
Paragraph 2 above, o; ;2) b;eaches any term, covenant, condition or obligation un,er thi;
Ee~se, Landlord shell have the right and o~tion to ~ursue any or all of the following
b. To bring an action to recover Pollelsion Of the P;emi;es, including without
limitation ~1) the right to evict provided by Parlgreph 28 below, and (2) the right to
confess judgment in e~ectment Provided by Plrlgra~h 2~ below;
c. To b;ing an action to re~ver the bllance of the Rent or other char~es, including
without limitation ~1) the right to ac~lerate Rent provided by Paragraph 14 above, and (2)
the right to confess judgment for money damages Provided by Paragraph 29 below; or
d, To bring an action for consequential damages caused by Resldent's breech of
an obligation under this Lease, including reasonable a~orney's fees and costs.
REMEDIES
CUMU~ ~Vg
the future.
NO~CE TO OUI~.
E VIC TI O ~
28. e. ~. Resident hereby waives the Notice to Quit
requirements of the Pennsylvania Landlord and Tenant Am of 1951 ~ ~, 68 P.S.
250.101 ~ see.. which provide for fiAeen (15), thirty (30l, or ninety (90) days' notice to
b. ~tJc~ to Quit Under This Le~=;. In lieu of the statulory rights descried above,
in the event Residem laJls to pay Rent when due, or breaches any other ter~, agreement or
condition of this Lease, Landlord shell ~ required to give Res/dent only fifteen {15) days'
w~i~en notice to vacate the Premises prior to ~meflci~ legal action against Resident for
such illegal a~ivity as is forbidden under Paragraph 5 above, La~dlord sheJl not ~rovide any
notice to quit the
c. ~. Landlord shall have the o~tiOn tO serve notice to quit
the Premises on Resident by any o1 the following methods:
(1) delivering a copy of the notice by firsl class mail;
(2) notifying Reaident in person;
(3) delivering · copy of the notice by certified or registered mail; or
(4) posting such notice on the Premises.
OF JUDGMENT FOR MONEY
DAMAGE; AND EJECTMENT
29. A copy of this Lease shall be sufficient warrant when filed with a confession of
judgment for rent unpaid or upon contession of judgment in ejoctment, by *Landlord" to
the local District Justice.
s. ~NARRANT OF ATTORNEY TO CONFESS JUDGMENT FOR MONEY
~AINST RESiOi~NT.
If Resident (1) fails to make timely payment uf Rent as it becomes due, or
(2) fails or refuses to Day any damages or charges after the date when Such
payment shall have been due, Resident hereby empowers any Prothonotary, Clerk
of Court or attorney of any court of record to appear for Resident in any and all
actions which may be brought for any Rent, damage,*;, or charges due under the
terms, covenants end conditions of this Lease and confess judgment against
Resident for any and ell such rental, damages or charges together with 10% added
ss reasonable attorney's fees. The authority granted by Resident to confess
judgment shatl not be exhausted by one exercise thereof, but the power granted
herein may be exercised in any subsequent action against Resident. The authority
to confess judgment shall continue through the original term of this Lease and for
any renewals, and following termination of the Lease, for any period during which
the Resident has possession of the Premises.
b. WARRANT OF ATTORNEY TO CONFESS JUDGM]~NT IN EJECTMEN ~.
If Resident I1) fails or refuses to make any payment required under the
terms, Covenants and conditions of this Lease, or 12) breaches any of the terms,
covenants and conditions of this Lease, or (3l abandons the Premises prior to the
expiration of the Lease term without the prior written consent of Landlord, then
Resident hereby authorizes end empowers any attorney of · Court of Record to
appear es attorney for Resident to enter in any competent court an amicable action
an(] judgment in ejectment against Resident and any person claiming the right of
possession through Resident for recovery of Possession of the leased premises hy
Landlord. The right and power to confess judgment in ejectment against Resident
shall not be exhausted by one exercise thereof, Put if Resident shall be in
possession of the Premises, Landlord shall have the rigllt to exercise the power in
any subsequent action in electment for recovery of possession of the Premises.
NOTICES
30. Alt notices provided by this Lease, except Notice To Quit un(/er Paragraph 2B
above, shell Pe written end delivered personally or by certified rneil, return receipt
requested. Notices to Lsndlard may be sent to Landlord's Agent.
SUEORDINA TIOiV
31. This Lease and Resident's rights ere subject end subordinate to present and future
nlortgeges on the Property. Landlord shall have the right to execute any Papers on
Resident's behalf ss Resident's attorney-in.fact for this purpose. In the event that Landlord
mortgages the Property, Landlord shall obtain from the mortgage holder a non-diSturbance
agreement for the benefit of Resident; provided, however, that Resident shall not have
been in default of any of Resident's obligations under this Lease at any time during the
Lease term, including any extensions or renewals thereof.
GENDER,
SEVERAa/LITY
32. Where the context of this Lease requires (1) wOrdS in the singular may be
substitute(/ for the plural, and vice-versa, end (2) words
neuter gender may be substituted for any in the masculine, feminine or
other gender. If any term, covenant, condition,
or provision of this Lease Shall rD any extort! be deemed invalid ot unenforceable, the
remmncler of this Lease shall not be affected thereby, and each term, COvenant, condition,
an(/ prows;on of th~s Lease shall be valid and enforceable to the fullest extent permitted by
law.
-7-
"h "A
EX, IIBIT "
HE,4DIltIG$
33. The headings preceding the text of the p~ragrsphs i~ this Lease are inserted for
convenience of Reference only an~ shill not constitute · part of this Lease, nor shall
a~ect its meaning, construction, or e~ecr.
34. This Lease contain, the final and emire agreemem ~ttween the Pa~ies hereto, and
no pa~ shall be boun~ by any term. condition or repre.nt,fion, oral or wrJ~en, not
fo~h or provided herein. The conditions, covenems, and rul~s contline~ in this Le~se shall
be leg.lly tnforcad by the Pa~ies ~o this agreemem, ~heir heirs, executors.
perlonll ,nd lega~ repre.entetives, luccllio~l i~ Illig~i, and are binding upon afl such
Pa~ies. NoThing herein shall prevent modification of the t~rm, of this Lease by mutual
agreemem through ~he execution of a wri~en Addendum Iffixe~ to III copies of ~his Lease.
IMPORTANT. R~D CAREFU~y
~ ~SCLOSURE FOR CONFESS]ON OF JUDGMEN ~
~au~ in the ~yment ~ re~ ~ breach the t~s ~ the Le~e in any c4hlr ~cui~r. ~ ~ ~n
e~l~ to ~ t~ ~ch come.ion ~ ju~gme~ m~ ~ ent~e~ ~[O~ ~VANCE NO~CE to us
an~ w~h~ ~edng ~ ~ op~un~ Io ~efen~ again~ the em~ ~ ju~g~m, an~ ~t t~ ju~gme~
~Y ~ cm~ed ~ a~ ~ul means. Such j~me~ will incl~ any ~ 0~ an~ ~ing ~
well ~ c~ a~ ~ a~ey's commi~ion, In ex~ing mis Le~ we are kn~ing~,
un~e~ ng~, ~ volumari~ wa~i~ our dg~s to a~ance n~ice ~, or to a hearing on, t~
~ ju~gme~ ag~n~ ~.
On thi~y of~
~, we, Ihe undemigned, ~ereby ce~ that Our ~nual e~nings as of
th~s d~e exc~ t~ thousan~ dollars {$10,~0).
In ~ne~ wh~f, the pa~ies ~er~o f~ ~ and valuable consiOeration h~e enter~ into
thfs ApaR~n~ Le~e Agreemen~ on the Sate lirs~ set fO~h a~ve.
VISTA MANAGEMENT CO., INC., T/D/B/A
V.M.C. MANAGEMENT CO., INC., AGENTS FOR
LANDLORD:
ResiGlent (Seal)
Re~siclem (Seal)
-8.
EXHIBIT "A"
PROPERTY RULES
ALL LEASES ARE MADE SUBJECT TO THE FOLLOWING RULIES WHICH WILL BE STRICTLY
ENFORCED. The public hells end stcirweys shall not be obstructed ,or used for any other purpose
then for ingress to and egress from the apartments.
RESIDENTS AGREE TO:
Request assistance from the manager
for instruction and help regarding the
operation end care of each appliance or
any physical part of apartment
including doors, windows, lights,
plumbing, floors, wells and the
appliances. We want you to have
maximum uae of these itams and this Is
only possible if you understand how
they operate and how to keep them
property. Our staff will be happy to
help you.
Enjoy and beautify your patio -- balcony
-- windows using planters, hanging
baskets and relax chairs, but please do
not use patio -- balconies for storage.
Keep the area in front of AIC - heater
rooms on patios and ba/conlee clear for
easy entry.
Provide own light bulbs of prooer size
(ask at office for bulb size in ceiling
fixtures, like the kitchen end bath),
batteries, fuses and starters.
Use trash containers properly. Keep
hallways, walks end lawns free of
personal items end papers. Resident is
responsible to comply with any
established recycling procedures.
Carpet 80% of wood floor area in
apartment.
Conserve energy and assure safety by
not installing additional appliances or
equipment·
Comply with the laws of the several
governmental units controlling this
property aras·
Recognize the rights of others to the
quiet enjoyment of living in this
property.
$~ccept guidance from management on
any concerns by others as to possible
infringement on the rights of et'hers,
10. Residents ars not permitted to eat on
front entrlnca steps, nor sit or lie
upon the lawns. Children ere not
allowed to play on the front entrance
steps,, walks, hallways or lawns, or
roller skate in any part of the
building. The storage of toys, baby
carriages, bicycles, etc., in the
entrance, on the front walks or lawns
or in the laundry room is prohibited
and Landlord reserves the right to
impound any article left on or upon
theee epacee.
11. No additional safety/security locks
are to be Installed without written
permission from management.
12. Under no circumstances ere any
supplementary heating devices
permil:tad in any apartment.
Supplementary heating devices
stove,% space heaters, gas heaters,
electric heaters, camp heaters, etc.
These heating devical and their fuel
constitute e grave fire hazard. Any
use of any such devices will be in
direct violation of the lease.
13. Storage of any flammable substances
in any apartment ia prohibited.
14. Resident may not make or permit any
disturbing noises which will
unreasonably Interfere with the
rights, comforts or convenience of
other tenants. Resident must keep
the volume of any radio, television or
musical instrument in his/her
apartment sufficiently Iow at all times
so ss not to disturb other Residents
in the building. Resident may not
conduct or permit any vocal or
instrumental practice or Instruction.
Only standard picture hangers may
be used for hanging pictures, mirrors,
etc. No adhesive hangers may be
used. Contact paper and stlck-ons
ara prohibited·
-9-
EXHIBIT "A"
16. Repairing or washing of cars on the
premises or uae of water from the.
premises for the purpose of washing .
cars is prohibited. All motor vehicles
must be properly maintained and
licensed·
17. Throwing articles of any kind, shaking
mops or dust cloths of any nature from
the windows, in the public halls or
public building rooms, will not be
permit[ad.
16. No packages, cans, bottles, flower
pots, boxes or other articles shall be
placed on the outside or inside sills of
any window.
19. Resident shall not bring water beds
onto the premises without written
permission from the Landlord.
20. The hanging or piecing of laundry on or
upon the exterior of any building or on
laws, or upon any pole, post or tree on
the lawns, is prohibited. Landlord
reserves the right to impound any
laundry so hung on the lawns or
exterior of any building.
21. Moving of furniture is permitted to and
from the apartments between the hours
of 8:00 a.m. end 6:00 p.m. only. No
moying is permit[ad on Sunday. Any
packing cases, barrels, or boxes which
ara used in moving, must be removed
by the Resident to whom they belong
or by the moving company. Any
Landlord employee assisting a Resident
to move furniture in or out of the
apartment building or who receives
packages for a Resident or admits a
delivery men or others into s Resident
apartment upon request immediately
and for said purpose and in so acting
becomes sn agent of Resident.
22. In the event Landlord should make
storage space available for Resident
in the futura, Resident shall first
obtain special permission from
Landlord to use same in which event
Resident shall use same for storage
of trunks and luggage only provided
such articles era properly locked and
marked with Resident*s name and
apartment number., Permission by
Lancllmd to Resident to use such
apace shell be revocable by Landlord
et any it)me, end the giving of such
permisl~ion shall ipso facto constitute
an automatic release of Landlord by
Resident of any possible claim
growing out of damage to or loss of
any trunks or luggage, or articles
therein, while in storage, for or from
any cause whatsoever. Under no
circumstances is the Resident
allowed to keep paints or
inflammable or hazardous materials in
storage space.
23. The Resident may not put any sign or
projection Isuch as TV or radio
antenna) in or out of the windows or
exteriors of the apartment without
the Landlord's prior written consent.
24. Working parents must provide
supervision of their minor children.
The name, phone number and
address cf the person responsible for
the children during your absence
must be on file with the rental office.
25. Residents are not to refinish or
shellack tine wood floors of the
premises ,nor use any materials
thereon e~¢cept paste wax.
EXFIiBIT "A"
26.
27.
All Residents, their family, agents,
employees, social guests or invitees
must observe all parking regulations as
posted or indicated by Land{ord and/or
local authorities. Parking of vehicles in
other than designated parking areas is
prohibited. No boats, trailers, trucks~
buses, or commercial vehicles will be
permitted on the parking lots,
driveways or garages without the prior
written permission of Landlord.
Motorcycles must be parked in areas
designated for motorcycles. No mini-
bikes, motor scooters or go-karts may
be kept, stored or operated in any
apartment or on any part of the
apartment project. Parking and/or
driving on grass or the placement of
any type vehicle on a patio or balcony
is prohibited. The parking areas are for
the use only by properly tagged,
functioning and authorized motor
vehicles. Any vehicle which does not
comply will be towed away by Landlord
at the vehicle owner's risk and
expense. Resident agrees to remove
his/her vehicles from the parking areas
promptly upon the expiration or
termination of residency. The parking
ot vehicles in violation of the terms of
this lease, requiring the vehicle to be
towed, will constitute a willful non-
compliance by Resident with the terms
of this lease.
Resident shall not install or use any
washing machine in or about the
premises except coin washing
machines that may be placed in the
building at the Landlord's direction. If
coin washing machines are installed in
the building, Resident agrees to comply
with all rules placed in effect by the
Landlord for the operations of said coin
washing.
29.
28.
The Resident must also comply with
any su'bsequent rules that may be
promulgated or issued for the general
benefit of all Residents as a whole in
the bu~ilding or COmplex or to P~o{ect
the apartment or Landlord's other
property or add to Resident's
enjoyment of it. Violation of these
rules o~, any one of them, shall be
sufficient sufficient cause for
termination of this lease at the option
of the Landlord.
Resolve differences with others or
with management by having the local
District Justice decide the merits of
-11-
1M-11/94
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBiERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
LONG MEADOWS APTS., L.L.P. : 02-5367
Plaintiff : JURY TRIAL DEMANDED
:
VS. ~
.-
YONG KI :
Defendant :
OBJECTIONS TO THE COMPLAINT AND COUNTERCLAIM
OBJECTIONS TO THE COMPLAINT
1. True
2. New Address;
11 E. Beale Ave., Enola, PA 17025
3. True
4. True
5. From the beginning Defendant/Tenants denumded the document, but the Plaintiff refused by
saying; "You don't need this, because this is my property. I can do whatever I want!"
There was no dispute at all on paying the fee, but on the fee; that's why Defendants/Tenants
asked the explanation in writing! The requests were rejected deliberately and maliciously by
the community manager, the property manager, and that even the president who were all
preoccupied with racial discrimination!
6. There were no such agreements at all.
7. Defendants/Tenants asked the Plaintiff to inform the third party to deposit the rent!
COUNTERCLAIM
1. From the beginning until now, Defendants/Tenants NEVEI~: refused to pay the fee, instead
asked the Plaintfif for the written notice with the pet agreement before sign and pay the fee;
because there are some discrepancy at the fee;
2. No response at all until Mr. Barry Wertlieb, president of V.M.C, provided the agreement
on Oct. 7, 2002; the copy is attached and incorporated herein by reference as Exhibit "A'.
3. Instead the Plaintiff(s) threatened, humiliated, and made Defendants/Tenants a scapegoat
with saying; "You don't need that (the document), because this is my property!" "I can do
whatever I want! .... Shut up! Just pay or move out!" "If you don't pay until next Monday, I
will come with police and take away your puppy!"
The request for the written notice with the document was disregarded and rejected
intentionally!
4. Even this tragedy was started with one false accuser, Ms. Patty Henry at #103! First time
she complained about the animal abuse, and then the noise (barking) when she realized it
didn't work! But there was no barking at all! The barking dog was at #T-6! But tbe
Plaintiff(s) never investigated, instead just believe whatever she complained!
5. Considering ail the procedures and the actions by two staffs, and the presidem, it came to
the conclusion that the company itself as well as the people Ires problem with racial
discrimination at least!
6. During those days(9/27/02 ~ 11/12/02), the whole family of the Defendant suffered from
the pressure, threatening, and humiliation without any reason!
WHEREFORE, Defendants/Tenants request the judgment against the Plaintiff for the
compensation of those sufferings from each individual involved and that the company!
Respectfully submitted
Yong K1, Del~ndant /
/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
LONG MEADOWS APTS., L.L.P. : 02-5367
Plaintiff : JURY TRIAL DEMANDED
VS.
YONG KI
Defendant
VERIFICATION
I hereby verify that the Objection to the complaint and Counterclaim contained herein are tree
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. §4904, relating to unswom falsification to
authorities.
Date Yong U. ~, Defen,d~t
MANAGEMENT
October 4, 2002
Mr. Joon H. Lee
9 Richland Lane
Apartment #T-7
Camp Hill, PA 17011
RE: Apartment Lease
Dear Mr. Lee:
After reading all the correspondences fxom your family members and talking to our
Long Meadows staff, including the property manager, Mr. B:mce Parry, there are only
two alternatives that are before you.
1. Remove the pet t~om the property.
Complete the Pet Agreement that is attached and return it to the rental office
along with a check for $100., which represents the pet: fee security deposit. Your
total rent after the Pet Agreement (if approved) will be $15 more each month as
long as you keep the pet.
Regardless of your interpretation and/or allegations, you are in direct violation of
your lease. See page four (4) of your lease and I know you will agree.
Please advise the rental office or Mr. Parry (301-649-1115) of your decision.
If we do not hear from you by October 8, 2002, we will a~sume you will remove the
pet from the property.
Thanl~vou, . ~4~ '~
Presi~en~t
EXHIBIT "A"
1131 University Boulevard, West · Suite 101 · Silver Spring, Maryland 20902 · 301-649-1115 · Fax 301-649-3560 0nmmmn.
V.M.C. MANAGEMENT CO.
Long Meadows Apartments
PET AGREEMENT
IT IS HEREBY AGREED BY AND BETWEEN LANDLORD AND RESIDENT TH&T LANDLORD will allow Resident to have
the following Pet and no others, in Apartment No. 9- m 7 and Resident(s) are subject to the t~i,us and conditiom of this Agreement,
and Resident hereby agrees to comply therewith.
Resident's Name(s): 3nng 14. T.F.F.
1. The only pet(s) listed below are authorized under thi.~ Pet Agreement. NO VISITING PET(S) ARE PERMITTED.
2. Resident must provide a picture of the pet at the time of signing this Agreement.
3. No cat or dog can exceed 20 lbs. at full maturity. No Pitbulls, Rotweilers, Dobennaus or Gvmum Shepherds permitted.
Pet(s) will not cause danger, damage, nuisance, noise, and health hazard or soil the aparlment premises, grounds, coi~i~-,on areas,
walks, parldng areas, landscaping or gardens. Resident agrees to clean up al/er his pet(s) and agrees to accept full responsibilities
and liability for any damage, injury or actions arising from or caused by his pet(s).
Resident agrees to register his pet(s) in accordance with local laws and requirements. Resident agrees to ;~i~anize his pet(s) in
accordance with local laws and reqni~ments.
6. Resident agrees to furnish Landlord a copy of a Veterinarian's Certificate before this Agreement is signed. All dog(s) and
cat(s) over the age of six (6) months must be spayed or neutered.
' 10.
11.
12.
13.
Resident warrants that his pet(s) is housebroken. Resident warrants that his pet(s) has no histo~ of causing physical harm to
persons or property, such as biting, scratching, chewing, etc. and further warrants that the pet(s) has no vicious history or
tendencies.
No Pet may not be out of the apartment unless on a leash and in con~rol of the Resident or his Agent.
Resident agrees to put the pet out for board or otherwise remove the pet from the apa~hnent, ffthe pet is or becomes a nuisance or
annoyance or interferes with the fight or enjoyment of other Residents, or because of any noises or smells emanating from thc pet,
or because of damage by the pet. The privilege of keeping a pet is revocable by Landlord on thirty days notice to Resident, if
landlord deems the pet objectionable for any cause whatsoever.
Resident will be responsible and will pay for any damage or dcslruction caused by thc pet to the premises, appurtenances,
furnishings or other property of Landlord, such rnsponsibility of Resident to include the repair of damaged items and/or
replacement where necessary, in the sole opinion of Landlord.
Rcsident acknowledges and agrees that Landlord may at any time amend and change Landlord's Rules pertaining to pets, without
prior notice to Resident, and Resident shall abide by such amendments or changes. This agreement shall become part of the Lease
Agreement for the apm tment occupied by Resident.
If requested, Resident will furnish Landlord with a copy of a Comprehensive Personal Liability Policy covering any loss to
Landlord, its residents, visitors, invitees or employees.
Resident further agrees to observe the following regulations:
Dogs/Cats: Must be comrolled at all times. Must be kept on a short leash while, in co.~.,on areas or on the apartment grounds.
Barking will not be tolerated in that it is considered to be a nuisance to other residents. Proper disposal of cat litter (securely
bagged) will be done on a frequent basis. Odors arising from cat litter will not be tolerated. Balconies/Patios may not be used as
a comfort station.
· Fish: Fish must be properly kept in aquar/,m.~ at all times. Aquariums must not leak and must be cleaned regularly to
prevent foul water and/or odors.
· Reptiles/Amphibians:
All reptiles and amphibians are prohibited.
· Pets are not permitted to urinate on shrubbery. Pets are not to be left unattended on balconies/patios nor are pets permitted in the
designated pool area.
In consideration for the privilege of keeping a dog/cat, Resident agrees to pay ~ 1S.00, per month (in addition to apartment rent) while
the pet is in the premises. In addition, Resident agrees to pay a $100.00 refundable pet fee, due and payable at the signing of this
Agreement. ffno pet damage is noted, said pet fee would be refunded upon move out.
Pet Description:
KIND TYPE OF BREED COLOR NAME AGE/WEIGHT
1.7~
BY: DATE:
BY:RESIDENT"~ Joon H. Lee RESIDENT
BY: LANDLORD
LONG MEADOWS AP~kRTMENTS, L.L.P.,
Plaintiff
VS.
YONG KI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-5367
:
: CIVIL ACTION - LAW
PLAINTIFF' S ANSWER TO DEFENDANT' S COUNTERCLAIM
1. Denied. Plaintiff's resident manager attempted to give the
pet agreement to the wife of Defendant, but she refused to take it.
Thereafter, a copy of same was sent to Defendant at his apartment.
The agreement was never signed and/or returned to Plaintiff.
Defendant's spouse requested the manager to supply him with a
"written notice" as to why a pet agreement was required. The manager
advised that there was no such notice to be given, other than the
requirement in Paragraph 20(e) of the lease.
By way of further answer, a notice is given to each tenant at the
lease's incePtion as to Plaintiff's pet policy. The manager attempted
to give Defendant's spouse another copy of same, but this was also
refused.
2. Denied. The aforesaid pet agreement was not originally
provided by Mr. Wertlieb. It was tendered by the manager as
aforesaid, and refused.
3. Denied. No such conversation occurred. On the contrary,
neighboring tenants reported that the dog may have been mistreated.
Plaintiff's manager admonished that if there was further similar
reports, the police and/or an organization called Animal Control would
have to be called to investigate.
It's denied that the request for the "written notice" was
disregarded. On the contrary, and assuming the "written notice"
referred to is the Plaintiff's notice given to all tenants at the
lease's inception, same was offered to Defendant and refused as
heretofore pleaded. If the "written notice" refers to some other
notice, then Plaintiff's unaware of what Defendant is referring to.
4. Denied in part and admitted in part. Denied as stated. On
the contrary, there is a tenant occupying Apartment #9107 by the name
of Mrs. Henry, who made several complaints about Defendant's dog.
Further, the tenants in Apartment #9T6 have a German Shepard.
Defendants occupied Apartment #9T7, which is located in the same
building but across the hallway. Plaintiff's manager did investigate
as to the source of the barking, but determined that it emanated from
Defendant's outside patio, where Defendant housed the dog. By way of
further answer, it is averred that Plaintiff's manager wasn't primarly
interested in fixing the source of the whining dog, but only in
obtaining a pet agreement from Defendant and the additional charges
concomitant thereto.
5. Denied. Assuming this paragraph is averring that Defendant
came to this conclusion, Plaintiff, after reasonable investigation is
unable to determine the truth of said averment since it is a
completely subjective matter existing in Defendant's mind. The
averment is thus denied.
6. Denied. Plaintiff, after reasonable investigation is unable
to determine the truth of this averment. The same is therefore denied
and proof thereof demanded at trial, if relevant.
WHEREFORE,
Counterclaim.
Plaintiff
demands
judgment as to
Defendant,s
nicholas\answer
¥OFFE & YOFFE, P.C.
~ORMAN M. YOFFE, ESQUIRE
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney liD No. 07135
FiLE No. 155 12/28 '02 11:08 ID:YOFFE S YOFFE, P.C. 717 97!5 1912 PRGE 5
LOk~ MEADOWS APARTMENTS, L.L.P.,
Plaintiff
DefendanU
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5367
CIVIL ACTION - LAW
VERIFICATION
I hereby state that I am an adult individual who is authorized.
to Blake this verification and that the facts set fortk.in the foregoing
Answer to Defendant's Counterclaim are true to the best of my
knowledge, infornlagion, and belief. I understand that false statements
her~in are made subjec5 to the penalties of 18 Pa. C.S. §4904 relating
to ~nsworn falsification to authorities.
BRUCE PARRY
Property Manager of Plaintiff