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HomeMy WebLinkAbout09-2424r COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of LIMP ML4N D NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (9 ` , C'_ 7 d_y Ct vI'l NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. HAVAM VAR144 1 07- 3- 01 ITNQMAS A, P(ACV7 ADDRESS OF APPELLANT CITY ATE 0 Z IPCQDE 7A 3u vvESSEX PL40E I PRNCErcAl o DAO FJ117109 IN THE Aof MAIG0 vs /1V+W d?I7?7ICA4 cy- o000907- 09 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signatws of Prothonotary or Deputy VA . If appellant was Claimant (see Pa. R.C.P.D.J. No. -For Z)e_pt before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. 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 Prothonotary Enter rule upon HEL&OWT M. CRAIGO appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. Q q- a y;.7 C1vr1) within twenty (20) days after service of rule or suffer entry of judgment of non pros. C r t A A ?/?? Signatki /lla nt o m/e?y or agent RULE: To NGI,E M. rDA I CIo appellee(s) N I f?j? N. i??F-0 ??"C Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: / 20 J 1 fp ' ?1 S/ ignature of Proth ry or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE s PROOF OF SERVICE OF NQT E OFAPPEAL AND RULE TO FILE COMP. "INT (This proof of service MUST BE FILED WITHIN TEl1 f6 DA'sYS AFTER filing of the notice of appeal: Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF -20 Signature of official before whom affidavit was made Signature of affiant Title of official My commission expires on 20 C7 O ?' ,? CTS "p L ? 1, .? W 'f aT?d :? N g A3L AN-16-'09 14:02 FROM- COMMONWEALTH OF PENNSYLVANIA rni tnrrv np CUMZRLAllftll Mag. abt. No: 09-3-04 MDJ Name: Hun. now" A. PLACET Addfe58: 104 9 SPORTING HILL RD NZCHANICSBtt", PA TelepnOW 117 i 761-8230 1170SO NAVZXIDSI SHARMA, 7213 WROSEZ PLACE PRINCETON, ICJ 08540 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF T-531 P00-:/203 F-752 NOTICE OF UDGGMASN?T/TRANSCRIPT CIVIL PLAINTIFF: NWE and ADDRESS I`C) 100, HELM it -I 37 113MWXCK CIRCLE NZCKMCSBMtO, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS f-SUMA, XLVNIDHI 7213 WESSEX PLACE PRINCETON, W 08540 L. -I Docket No.: CV-0000907-08 Date Filed: 3.2130/00 (Date of Judgment) 3/17/09 Judgment was entered for: (Name) CRAIGO, MMZX H Judgment was entered against: (Name) 8 A>RKA, IIVIV)IDHI in the amount of $ 1, 7 5.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time LL??_I. This case dismissed without prejudice. El Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs interest on Judgment Attorney Fees Total $ .L,,VV.VV w$ $ J , .00 $ • $ 1,775.001 Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DWISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTRRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTEFII;AL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge I certify that this is a true an correct copy)of,1he'recc rd of the prdceedings containing the judgment. 'Date 9 , Magisterial DistriO.s;tidge My commission expires first Monday of January, 2010, SEAL AP MR A.I A, 04-16-'09 14;02 FROM- T-531 P003/003 F-752 HELEN CRAIGO, Tenant V. District Court 09-3-04 NAVNIDHI SHARMA, Landlord CV-0907-08 DISCUSSION This Landlord Tenant action involves the return of an $850.00 security deposit. The law on return of rental security deposit is found at 68 P.S. § 250.212, which provides inter aiia: (a) Every landlord shall within 30 days of termination of a lease or upon surrender of the property ... provide a tenant with a written list of damages. (b) Any landlord who falls to provide a written list ... shall forfeit all rights to withhold any portion of sums held in escrow. (c) If landlord fails to [return the security deposit] within 30 days ... landlord shall be liable in assumsit to double the unpaid amount. The facts in this case show that Landlord did not provide. a written list with 30 days of termination (July 31) or surrender (Aug 3). Indeed, the documentation provided shows that estimates of damages were not prepared within the time constraint. Thus Landlord has made no timely claim for damages. The facts further show that Landlord has failed to timely return the security deposit remainder, which gives rise to double liability. The amount of security deposit is doubled and there being no proper damages there is no reduction in this liability. Judgment is in favor of Tenant in the amount of $1,700.00 together with the costs of this action. All parties have been previously advised of their appeal rights and the original exhibits have been returned to the presenting party. B th 17 March 2009. Thomas A. Placey M.D.J. THE ITARY 2009 APR 22 AM 8: 2 s , r-????f ,, 'lJf f PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNS?'LVANIA COUNTY OF ('", ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served 01 1A a copy of the Notice of Appeal, Common Pleas _G?+ 2yZ upon the District Justice designated therein on (date of service) ' 201 LJ by personal service Q1 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) .,. 6 ? , on Nr-; 1 I 20 O ? by personal service Lk by (certified) (registered) mail, sender's receipt attached hereto. (SWORN)( FIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20?. Signs ure of official before whom affidavit was made Title of official My commission expires on -11,)?- 0 j 20 _• COMMONWEALTH OF PENNSYLVANIA Notarial Seal D&nWIe R. Winn, Notary Public LO Wfle Boro, Cumberland Ow* Mly 0wxW lion Expires Sept. 9, 20W d Signature ofaffiant Mambo, Mrrnsyivania Association of Notaries HELEN M. CRAIGO, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NAVNIDHI SHARMA, Defendant NO. 2009-2424 : 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 a 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 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. By: Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. M. CRAIGO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-2424 AVNIDHI SHARMA, : Defendant CIVIL ACTION -LAW COMPLAINT Plaintiff Helen M. Craigo, by her attorneys, Snelbaker & Brenneman, P. C., submits this and in support thereof states the following: 1. Helen M. Craigo is an adult individual residing at 37 Warwick Circle, Mechanicsburg, A 17050. 2. Defendant Navnidhi Sharma is an adult individual residing at 7213 Wessex Place, New Jersey 08540. 3. On or about December 23, 2006 Plaintiff and Defendant entered into a lease (the "Agreement") whereby Plaintiff leased from Defendant the residential premises at 6133 Haymarket Way, Mechanicsburg, Pennsylvania 17050. A true and correct copy the aforementioned Agreement is attached hereto and incorporated herein as "Exhibit A". 4. At the time of the execution of the Agreement, Plaintiff provided Defendant with a r deposit in the amount of $850.00. 5. On May 21, 2008 Plaintiff gave Defendant notice that she was vacating the leased ;s at 6133 Haymarket Way, Mechanicsburg effective July 31, 2008. 6. Plaintiff vacated the leased premises at 6133 Haymarket Way, Mechanicsburg on July LAW or?,cES 1, 2008. SNELBAKER & BRENNEMAN, P.C. 7. On August 3, 2008 Plaintiff met Defendant at the leased premises at 6133 Haymarket ay, Mechanicsburg and delivered to him the keys to the leased premises and provided to him writing her forwarding address. 8. Pursuant to Paragraph 3 of the parties' Agreement, Defendant agreed to return to intiff within thirty (30) days after termination of the lease agreement or surrender of the premises Plaintiffs security deposit. 9. Defendant has failed and refused to return to Plaintiff the security deposit within thirty after termination of the lease or surrender of the leased premises. 10. Defendant's failure to return the security deposit to Plaintiff as required by the Agreement constitutes a material breach of the parties' Agreement. 11. Pursuant to the Landlord and Tenant Act of 1951, as amended, specifically 68 P.S. 250.512(a), Defendant is obligated to provide Plaintiff with a written list of any damages to the premises for which Defendant claims Plaintiff is liable within thirty days of termination of lease or upon surrender and acceptance of the leased premises. 12. Defendant failed to provide Plaintiff with any written list of damages for which claimed Plaintiff to be liable with respect to the leased premises in accordance with Landlord and Tenant Act. WHEREFORE, Plaintiff demands judgment against Defendant in an amount equal to the security deposit improperly held by the Defendant ($1,700,00) together with interest costs of this action. -2- LAW OFFICES SNELSAKER & BRENNEMAN, P.C. The damages claimed by Plaintiff herein, exclusive of interest and costs do not exceed amount established for mandatory arbitration in Cumberland County. SNELBAKER & BRENNEMAN, P. C. . 1 &-L? BY. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 April 28, 2009 Attorneys for Plaintiff Helen M. Craigo LAW OFFICES II SNELBAKER a -3- BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. Section relating to unworn falsification to authorities. Helen M. raigo : April 28, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Pennsylvania Residential Lease Agreement THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this a 3 day of t= L asi,6EP , 20OL, by and between (hereinafter refefred to as "Landlord") and (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, Landlord is the fee owner of certain real property being, lying and situated i" ?,. A g?zI; ,,ct County, Pennsylvania, such real property having a street address of &/,SS A/d VmC 1G?_r L( ,)6.d 1-xGA,; Ca1 & 02 • PA /705-0 (hereinafter referred to as the "Premises"). WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises together with any and all appurtenances thereto, for a term of / Z /rt. Div /- S [specify number of months or years], such term beginning on / - / - Q 17 , and ending at 12 o'clock midnight on 2. RENT. The total rent for the term hereof is the sum of 7 9 `I s o. 6c, Ni zu, DOLLARS (*7t9 ,?;'O oc' ) payable on the day f eac month of the term, in equa costa linelits of DOLLARS ($ ), first aW •iamf installments to be paid upon the due r execution of this Agreement, the second installment to be paid on C?? ./ 07 . All such payments shall be made to Landlord at Landlord's address as set forth in the preamble to this Agreement on or before the due date and without demand. 3. SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of EXHIBIT A DOLLARS ($ 53SZ - ), flec&f'pt 8f which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the term hereof. Interest on Security Deposit. In accordance with Pennsylvania law, and subject to the exception set forth in this Paragraph, such deposit shall be returned to Tenant, without interest, and less any set off for damages to the Premises upon the termination of this Agreement. Landlord will only pay interest to Tenant if both of the following two (2) conditions are met: (i) Landlord requires a security deposit in excess of $100, and (ii) the Tenant has rented from Landlord for twenty-four (24) months. If both conditions are met, then starting on the twenty-fifth (25) month of Tenant's Lease, Landlord will pay Tenant interest on Tenant's security deposit, less a 1% administrative fee, to be paid annually on the date of Tenant's Lease. Timing of Return of Security Deposit. Within thirty (30) days after the termination of Tenant's Lease, or Tenant's surrender of possession of the Premises, whichever first occurs, Landlord will return Tenant's security deposit and any unpaid interest, less any allowed deductions. If any part of Tenant's security deposit is withheld, Landlord will notify Tenant in writing at the new address Tenant provides of any damages to the Premises for which Landlord claims Tenant is liable. 4. USE OF PREMISES. The Premises shall be used and occupied by Lessee and Lessee's immediate family, consisting of AX, / -rct.?;.., exclusively, sa private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant's the above two employees or their transient relatives and friends who are guests of the residents, to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. 5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. 6. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or H(f 0 $ license without the prior written consent of Landlord or an assignment or sub- letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement. 7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate. 9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. That includes: Gas, Electric, Water, Sewer, Trash, and other tenant specific services for example: Cable, and Phone. 11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall: (a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; (b) Keep 'all windows, glass, window coverings, doors, locks and hardware in good; clean order and repair; (c) Not obstructor cover the windows or doors; .01 ? (d) Not leave windows or doors in an open position during any inclement weather; (e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space; (f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; (g) Keep all air conditioning filters clean and free from dirt; (h) Keep all lavatories, sinks, toilets, and all other water- and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; (i) And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; (j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; (k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; (1) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them. 12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence. of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to.the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged ?fC' 1? J 5 portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. 13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and,any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. 14. SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 15. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at DOLLARS ($ 0900, ) per month and except that such tenancy shall be terminable upon fifteen (15) days written notice served by either party. 16. SURRENDER OF PREMISES. Upon the expiration of the teen hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 17. ANIMALS. Tenant shall be entitled to keep no more than o domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of DOLLARS ($ _4P,- 1-k- A,? 1-?- DOLLARS ($ .-&-' ) of which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building. 18. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. 19. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 20. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement. 21. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within three (5) days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amou of DOLLARS 22. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired tenor, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference 0(__ ;? S1?7 between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. 23. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee. 24. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord's option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. 25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the Commonwealth of Pennsylvania. 26. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. 29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 30. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. 31. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. 32. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: M AyyI C> J4 i spAP_ MA [Landlord's Name] 2 j S Q S S Ex r L PR r' IQ t'o N v S" c7 [Landlord's Address] If to Tenant to: [Tenant's Name] Vc? f c. tif?_f/ _ U [Tenant's Address] Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 33. ADDITIONAL PROVISIONS; DISCLOSURES f, [Landlord should note above any disclosures aUout the premises tLt may be tXi required under Federal or Pennsylvania law, such as known lead-based paint _?E hazards in the Premises. The Landlord should also disclose any flood hazards.] Fr` 12S & 1kw,1-4Y s .2GA-- i S A 41A 6, - (i - /5- c c,/i - 31- 0 C- ) As to Landlord this 2 3 day of D ea c -ro b r,/' , 21 LANDLORD: Sign:. Print: I`) el V n .T4 N . I L Date: 1 1.123/20 As to Tenant, this _3 day of 4? nCI,4, , 20, TENANT ("Tenant"): Sign: Print: f7 LIet1 J Date: TENANT: Sign: Print: Date: TENANT: Sign: Print: Date: TENANT: Sign: Date: Print: CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Complaint to be served upon the person and in manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Heather Orisko, Esquire 2320 Vartan Court Harrisburg, PA 17110 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Helen M. Craigo : April 29, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. FILE. ,,,F THE +???,ry Vii";P n+? v; .?3. n .. Cltsd} : i a David J. Lanza I.D. No. 55782 2132 Market Street Attorney for Defendant Camp Hill, Pennsylvania 17011 (717) 730-3775 HELEN M. CRAIGO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2009-2424 V. CIVIL ACTION - LAW NAVNIDHI SHARMA, Defendant PRELIMINARY OBJECTIONS 1. Plaintiff has failed to serve a copy of the Complaint. 2. Plaintiff has purported to serve a ten-day notice pursuant to Pa. R.C.P. Rule 237.1. 3. The aforesaid notice was mailed to the home address of the attorney that filed the initial appeal instead of said attorney's office or to the Defendant. 4. The aforesaid notice fails to comply with Rule 237.1 (a) (2) (ii), which requires service of such a ten-day notice upon both the opposing party and the attorney of record. Wherefore, Defendant demands that an order be entered requiring Plaintiff to serve the Complaint at the address set forth above and to serve the ten-day notice, if necessary, in compliance with Rule 237.1 (a) (2) (ii). Respectfully submitted, By: David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 22"d day of June, 2009 1 hereby certify that I have served a copy of these Preliminary Objections on the following by depositing a true and correct copy of the same in the U.S. Mail at Camp Hill, Pennsylvania, postage prepaid, addressed to: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 David J. Lanza FiL 0. 22 M. CRAIGO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-2424 VNIDHI SHARMA, Defendant CIVIL ACTION -LAW NOTICE ou have been sued in court. If you wish to defend against the claims set forth in the following ages, you must take action within twenty (20) days after this Amended Complaint and Notice -e served, by entering a written appearance personally or by attorney and filing in writing with court your defenses or objections to the claims set forth against you. You are warned that if )u fail to do so the case may proceed without you and a judgment may be entered against you the Court without further notice for any money claimed in the Amended Complaint or for any .her claim or relief requested by the Plaintiff. You may lose money or property or other rights nportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 By: SNELBAKER & BRENNEMAN, P. C. Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 1 M. CRAIGO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-2424 VNIDHI SHARMA, Defendant CIVIL ACTION -LAW AMENDED COMPLAINT Plaintiff Helen M. Craigo, by her attorneys, Snelbaker & Brenneman, P. C., submits this Complaint and in support thereof states the following: 1. Helen M. Craigo is an adult individual residing at 37 Warwick Circle, Mechanicsburg, A 17050. 2. Defendant Navnidhi Sharma is an adult individual residing at 7213 Wessex Place, New Jersey 08540. 3. On or about December 23, 2006 Plaintiff and Defendant entered into a lease (the "Agreement") whereby Plaintiff leased from Defendant the residential premises at 6133 Haymarket Way, Mechanicsburg, Pennsylvania 17050. A true and correct copy the aforementioned Agreement is attached hereto and incorporated herein as "Exhibit A". 4. At the time of the execution of the Agreement, Plaintiff provided Defendant with a ty deposit in the amount of $850.00. 5. On May 21, 2008 Plaintiff gave Defendant notice that she was vacating the leased at 6133 Haymarket Way, Mechanicsburg effective July 31, 2008. 6. Plaintiff vacated the leased premises at 6133 Haymarket Way, Mechanicsburg on July LAW o?'CES 1, 2008. SNELIZER a BRENNEMAN, P.C. F- 7. On August 3, 2008 Plaintiff met Defendant at the leased premises at 6133 Haymarket ay, Mechanicsburg and delivered to him the keys to the leased premises and provided to him writing her forwarding address. 8. Pursuant to Paragraph 3 of the parties' Agreement, Defendant agreed to return to within thirty (30) days after termination of the lease agreement or surrender of the premises Plaintiffs security deposit. 9. Defendant has failed and refused to return to Plaintiff the security deposit within thirty after termination of the lease or surrender of the leased premises. 10. Defendant's failure to return the security deposit to Plaintiff as required by the Agreement constitutes a material breach of the parties' Agreement. 11. Pursuant to the Landlord and Tenant Act of 1951, as amended, specifically 68 P. S. 250.512(a), Defendant is obligated to provide Plaintiff with a written list of any damages to the premises for which Defendant claims Plaintiff is liable within thirty days of termination of lease or upon surrender and acceptance of the leased premises. 12. Defendant failed to provide Plaintiff with any written list of damages for which claimed Plaintiff to be liable with respect to the leased premises in accordance with Landlord and Tenant Act. WHEREFORE, Plaintiff demands judgment against Defendant in an amount equal to the security deposit improperly held by the Defendant ($1,700.00) together with interest costs of this action. -2- LAW OFFICES SNELBAKER 8f BRENNEMAN, P.C. The damages claimed by Plaintiff herein, exclusive of interest and costs do not exceed amount established for mandatory arbitration in Cumberland County. SNELBAKER & BRENNEMAN, P. C. I `?^ BY. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 July 9, 2009 Attorneys for Plaintiff Helen M. Craigo LAW OFFICES SNELBAKER 81 -3- BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. A- Y Helen M. Craigo July 9, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Pennsylvania Residential Lease Agreement THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this Q) day of C EM-6 E? , 20 , , by and between A/c2 v.&Ii cAV <? AGL2n s _ei- (hereinafter refeyTed to as "Landlord") and (hereinafter referred to as "Tenant") WITNESSETH: WHEREAS, Landlord is the fee owner of certain real property being, lying and situated ir><< County, Pennsylvania, such real property having a street address of dI 1? ?.?ni /L?t)?. A.Lfc'Aa.Ri:Cd,?i? ]7USU (hereinafter referred to as the "Premises"). WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises together with any and all appurtenances thereto, for a term of / ' M yti ? ? [specify number of months or years], such term beginning on f - /,S--o /7 , and ending at 12 o'clock midnight on 2. RENT. The total rent for the term hereof is the sum of / ?7 P.-C, 1`I?o,?C? i'U?'?.a?iCtrCrstvc?,r?rUTif?F-?rF DOLLARS ( -?; P `' ) payable on the day f eaAmonth of the term, in equayins tallme4ts of DOLLARS ($ `kit) "` ), first and lam' installments to be paid upon the due r execution of this Agreement, the second installment to be paid on ?? ,/ _. p7 . All such payments shall be made to Landlord at Landlord's address as set forth in the preamble to this Agreement on or before the due date and without demand. SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of EXHIBIT A AC'_ DOLLARS ($ SSD. - ), fec6fpt df which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the term hereof. Interest on Security Deposit. In accordance with Pennsylvania law, and subject to the exception set forth in this Paragraph, such deposit shall be returned to Tenant, without interest, and less any set off for damages to the Premises upon the termination of this Agreement. Landlord will only pay interest to Tenant if both of the following two (2) conditions are met: (i) Landlord requires a security deposit in excess of $100, and (ii) the Tenant has rented from Landlord for twenty-four (24) months. If both conditions are met, then starting on the twenty-fifth (25) month of Tenant's Lease, Landlord will pay Tenant interest on Tenant's security deposit, less a 1% administrative fee, to be paid annually on the date of Tenant's Lease. Timing of Return of Security Deposit. Within thirty (30) days after the termination of Tenant's Lease, or Tenant's surrender of possession of the Premises, whichever first occurs, Landlord will return Tenant's security deposit and any unpaid interest, less any allowed deductions. If any part of Tenant's security deposit is withheld, Landlord will notify Tenant in writing at the new address Tenant provides of any damages to the Premises for which Landlord claims Tenant is liable. 4. USE OF PREMISES. The Premises shall be used and occupied by Lessee and Lessee's immediate family, consisting of exclusively, as a private single fami y dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant's the above two employees or their transient relatives and friends who are guests of the residents, to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. 5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. 6. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or 0 5 H(- license without the prior written consent of Landlord or an assignment or sub- letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement. 7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate. 9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. That includes: Gas, Electric, Water, Sewer, Trash, and other tenant specific services for example: Cable, and Phone. 11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall: (a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; (b) Keep ,all windows, glass, window coverings, doors, locks and hardware in good; clean order and repair; (c) Not obstructor cover the windows or doors; (d) Not leave windows or doors in an open position during any inclement weather; (e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space; (f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; (g) Keep all air conditioning filters clean and free from dirt; (h) Keep all lavatories, sinks, toilets, and all other water- and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; (i) And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; (j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; (k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; (1) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them. 12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, thrs Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged a 5 HC 1? portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. 13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. 14. SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 15. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at DOLLARS ($ X00, - ) per month and except that such tenancy shall be terminable upon fifteen (15) days written notice served by either party. 16. SURRENDER OF PREMISES. Upon the expiration of the tenn hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 17. ANIMALS. Tenant shall be entitled to keep no more than (_) domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of DOLLARS ($ O? ), DOLLARS {$ of which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building. 18. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. 19. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 20. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement. 21. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within three (5) days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amour of DOLLARS ($ 22. ABANDONMENT. If at any time during the tern-i of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference \? 4C7 between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. 23. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee. 24. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord's option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. 25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the Commonwealth of Pennsylvania. 26. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. 29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 30. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. 31. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. 32. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: A y p,11 D L4 ? .S74 to r- M A [Landlord's Name] ?. i 3 t,J S s E)c t' L, PR i ?J C C rO v c?' S" C j t? [Landlord's Address] If to Tenant to: [Tenant's ?kj r f [Tenant's Address] ' Name] Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. [Landlord should note above any disclosures about the premises that may De required under Federal or Pennsylvania law, such as known lead-based paint hazards in the Premises. The Landlord should also disclose any flood hazards.] Fi'zs E , ; s %qA S' - (l - /S -C) c,// • :3 i- c' 4• } As to Landlord this 2 3 day of D e c -e .4-) b 2f' , 2Q { . LANDLORD: t. Sign: ?i Print: ejv tZy?'r "'? 33. ADDITIONAL PROVISIONS; DISCLOSURES. Date: 1 20 c As to Tenant, this 3 day of 4? CC'IZ 4 , 2d6) (, • TENANT ("Tenant"): Sign: r Print: 171L/C? C? ? v Date:G TENANT: Sign: Date: Print: TENANT: Sign: Date: TENANT: Sign: Date: Print: Print: ?1? CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Amended Complaint to be served upon the and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: David L. Lanza, Esquire 2132 Market Street Camp Hill, PA 17011 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Helen M. Craigo July 9, 2009 LAW OFFICES SNELBAKER & BRENNEMAN. P.C. ?? t P 4'.y? ?+4t t" ¦ HELEN M. CRAIGO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-2424 CIVIL TERM NAVNIDHI SHARMA, ` c Defendant CIVIL ACTION - LAW -OZ rnw M - C-) _'r PRAECIPE r"C.. ti' cr+ o -a :rp 3 d'?r C ? 3 TO THE PROTHONOTARY: m -< cr% :0 Please mark the above-captioned action settled, discontinued and ended on your'docket and indices. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: It Attorneys for Plaintiff Helen M. Craigo Please mark the above-captioned action settled, discontinued and ended on your docket and indices. By: David. Lanza, Esquire 2132 Market Street Camp Hill, PA 17011 ` 717 730-3775 Date: 1 Attorneys for Defendant Navnidhi Sharma LAW OFFICES SNELBAKER & BRENNEMAN, P.C.