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HomeMy WebLinkAbout09-7268' Oq - ?Io1to8 0,1VO Tim Date: 10/14/09 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 12:59:03 KUAN.FANG-CHENG VS. TAREK ELTANBDAWY, ET AL, et al. Case No. 2009-01707 CIVIL DIVISION CERTIFICATION COMMONWEALTH OF PENNSYLVANIA: :ss COUNTY OF LEBANON I, Lisa M. Arnold, Prothonotary of the Court of Common Pleas of Lebanon County, Pennsylvania, do hereby certify that the above and foregoing pages contain a true copy and correct transcript of the docket entries, which form the whole record in the foregoing suit, and that judgment has been entered and certified in favor of the Plaintiff and against the Defendant(s) in the sum of IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the said Court at Lebanon, Pennsylvania, this Fourteenth day of October, 2009. Prothonotary Date: 10/14/09 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 12:59:03 KUAN FANG-CHENG Vs. Case No. 2009-01707 TAREK ELTANBDAWY, ET AL, et al. CIVIL DIVISION Docket Entries 1 through 12 07/21/2009 GEORGE E CHRISTIANSON / PRAECIPE TO ENTER APPEARANCE OF COUNSEL FILED. *I* OBO PLTF 07/21/2009 GEORGE E CHRISTIANSON / COMPLAINT IN CIVIL ACTION LAW FILED. *I* 07/21/2009 / SHERIFF SERVICE a 08/12/2009 PROSE / ANSWER TO COMPLAINT FILED. *I* 08/12/2009 PROSE / CERTIFICATE OF SERVICE, FILED. 3 *I* 08/17/2009 PROSE / ANSWER TO COMPLAINT FILED. *I* 08/17/2009 ,f / CERTIFICATE OF SERVICE, FILED. qI *I* 08/17/2009 TABETHA A. TANNER / BRIEF, FILED. *I* IN SUP OF PO'S 08/17/2009 TABETHA A. TANNER / CERTIFICATE OF SERVICE, FILED. *I* S 08/17/2009 TABETHA A. TANNER / PRELIMINARY OBJECTIONS FILED. *I* 08/17/2009 / PROPOSED ORDER, FILED. *I* 08/17/2009 / CORRESPONDENCE FROM JUDGE'S CHAMBERS, FILED. *I* RE DISPOSITION 0 0 Date: 10/14/09 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 12:59:03 KUAN FANG-CHENG Vs. Case No. 2009-01707 TAREK ELTANBDAWY, ET AL, et al. CIVIL DIVISION Docket Entries 13 through 24 08/24/2009 TABETHA A. TANNER / PRAECIPE FOR DISPOSITION, FILED. *I* 08/26/2009 /S/ JOHN C. TYLWALK, P.J. Date Signed: 08/26/2009 / ORDER DIRECTING PROTHONOTARY TO LIST CASE FOR THE NEXT AVAILABLE TERM *I* ORAL ARG OF ARGUMENT COURT, FILED. 08/26/2009 Date Signed: 08/26/2009 / PROTHONOTARY CERTIFICATE OF SERVICE S SEE CC LIST ON ORDER FOR SERVICE - ----------- 08/26/2009 / NOTICE OF LISTING CASE FOR ARGUMENT COURT, FILED. *I* 08/26/2009 Date Signed: 08/26/2009 / PROTHONOTARY CERTIFICATE OF SERVICE 9 *I* SEE SCANNED IMAGE FOR SERVICE V7/V6/6VV7 / CERTIFICATE OF SERVICE, FILED. I 0 *I* RESEND ORD & ARG LISTING TO A.EZZAT 09/15/2009 PROSE / RESPONSE, FILED. *I* TO PRELIMINARY OBJECTIONS 09/15/2009 PROSE I I / CERTIFICATE OF SERVICE, FILED. *I* 09/16/2009 PROSE / PRELIMINARY OBJECTIONS FILED. *I* 09/16/2009 CERTIFICATE OF SERVICE, FILED. *I* 09/30/2009 SHERIFF'S RETURN, FILED. 3 / *I* 10/13/2009 /S/SAMUEL A. KLINE, J. Date Signed: 10/13/2009 / OPINION AND ORDER RE PRELIMINARY OBJECTIONS FILED. *I* PO TO VENUE SSTND;PROTHY TO TRNSFR TO CUMBERLAND 1' 0 0 Date: 10/14/09 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 12:59:03 KUAN FANG-CHENG Vs. Case No. 2009-01707 TAREK ELTANBDAWY, ET AL, et al. CIVIL DIVISION Docket Entries 25 through 25 10/13/2009 PROTHONOTARY CERTIFICATE OF SERVICE PARTIES NOTIFIED PER CC LIST ON ORDER Laze 5lgnea: 1V/1.3/LVV7 Date: 10/14/09 COURT OF COMMON PLEAS OF LEBANON COUNTY Time:12:59:03 KUAN FANG-CHENG Vs. Case No. 2009-01707 TAREK ELTANBDAWY, ET AL, et al. CIVIL DIVISION COMPLETE CAPTION Plaintiff(s) Attorney KUAN FANG-CHENG GEORGE E CHRISTIANSON 811 BOWMAN ST LEBANON,PA 170460000 Date: 10/14/09 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 12:59:03 KUAN FANG-CHENG Vs. Case No. 2009-01707 TAREK ELTANBDAWY, ET AL, et al. CIVIL DIVISION COMPLETE CAPTION Defendant(s) Attorney TAREK ELTANBDAWY, ET AL 117 PRINCE ST IJARRISBURG,PA 0 AMAL EZZAT, ET AL 7091 HANOVER MANOR CARLISLE PA 0 RASHA ELNAGGAR, ET AL 3102 HOFFER ST HARRISBURG,PA 0 WALID KHALIL, ET AL 4729 GETTYSBURG RD MECHANICSBURG PA 0 • Date: 10/14/09 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 12:59:03 KUAN FANG-CHENG Vs. Case No. 2009-01707 TAREK ELTANBDAWY, ET AL, et al. CIVIL DIVISION COMPLETE CAPTION Additional Party(ies) Attorney 6-1 Date: 10/14/09 COURT OF COMMON PLEAS OF LEBANON COUNTY Time: 12:59:03 KUAN FANG-CHENG Vs. Case No. 2009-01707 TAREK ELTANBDAWY, ET AL, et al. CIVIL DIVISION INDEX ENTRIES Party Indexed as P. : FANG-CHENG, KUAN First Opposing Party: TAREK ELTANBDAWY, ET AL Comment . . . . . . : CIVIL ACTION Filed on: 07/21/2009 Microfilmed at: / Judgment Amount: Party Indexed as D. : ELTANBDAWY, TAREK, ET AL First Opposing Party: KUAN FANG-CHENG Comment . . . . . . : CIVIL ACTION Filed on: 07/21/2009 Microfilmed at: / Judgment Amount: Party Indexed as D. : EZZAT, AMAL, ET AL First Opposing Party: KUAN FANG-CHENG Comment . . . . . . : CIVIL ACTION Filed on: 01/01/0001 Microfilmed at: / Party Indexed as D. : ELNAGGAR, RASHA, ET AL First Opposing Party: KUAN FANG-CHENG Comment . . . . . . : CIVIL ACTION Filed on: 01/01/0001 Microfilmed at: / Party Indexed as D. : KHALIL, WALID, ET AL First Opposing Party: KUAN FANG-CHENG Comment . . . . . . : CIVIL ACTION Filed on: 01/01/0001 Microfilmed at: / Judgment Amount: Judgment Amount: Judgment Amount: •, 9 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA Kuan Fang-Cheng Plaintiff, vs. • s14nn f0 14* CIVIL ACTION No. 2009-01707 Tarek Eltanbdawy, Amal Ezzat, Rasha Elnaggar, and Walid Khalil, Defendants. ORDER OF COURT UJ CD a- AND NOW, this 12th day of October, 2009, after careful consideration of Defendant Khalil's Preliminary Objections to Plaintiffs Complaint, the record of this case, and the oral arguments and legal memoranda presented, it is hereby Ordered that Defendant Khalil's Preliminary Objection to Venue is sustained, and the case is transferred to the Court of Common Pleas of Cumberland County, PA pursuant to Pa.R.C.P. 1006(e). The Prothonotary of Lebanon County, PA is directed to transfer the case within 20 days of this date to the Prothonotary of Cumberland County, PA. This Court relinquishes jurisdiction to the Court of Common Pleas of Cumberland County, PA. This Court does not address Defendant Khalil's other Preliminary Objections but preserves those Preliminary Objections for disposition by the Court of Common Pleas of Cumberland County, PA as that Court deems appropriate. The costs and fees for transfer and removal of the record shall be paid by Plaintiff. 1d BY J. KLINE cc: George E. Christianson, Esq. Tabetha A. Tanner, Esq. Tarek Eltanbdawy PursuanttQft-ft Aa?.Wk AM." Amal Essat SAO parties` h ?..? Rasha Elnaggar ii 0 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA Kuan Fang-Cheng VS. Plaintiff, Tarek Eltanbdawy, Amal Ezzat, Rasha Elnaggar, and Walid Khalil, Defendants. No. 2009-01707 APPEARANCES: George E. Christianson, Esq. for Plaintiff Tabetha A. Tanner, Esq. for Defendant Khalil Tarek Eltanbdawy Amal Ezzat Rasha Elnaggar OPINION: KLINE, J., October 12, 2009. CD Before us are Defendant Walid Khalil's (Khalil) Preliminary Objections to Plaintiff Kuan Fang-Cheng's (Fang-Cheng) Complaint. For the reasons set forth herein, we sustain Khalil's Preliminary Objection to Venue, but we do not address Khalil's other Preliminary Objections, as specified below. FACTUAL AND PROCEDURAL HISTORY This case is a landlord/tenant dispute between Plaintiff, Fang-Cheng and Defendants Tarek Eltanbdawy (Eltanbdawy), Amal Ezzat (Ezzat), Rasha Elnaggar (Elnaggar), and Khalil. Fang-Cheng and Khalil entered into a lease agreement for the real property located at 3421 Simpson Ferry Road, Camp Hill, Cumberland County, PA on September 15, 2007. Said lease was to be for a term of five (5) CIVIL ACTION 1 years. After approximately one (1) year of leasing the property, Khalil no longer wished to lease it. On August 4, 2008, Fang-Cheng entered into a new lease agreement for the same property with Eltanbdawy, Ezzat, and Elnaggar. It is alleged that Khalil wished to terminate his lease, and Fang-Cheng agreed to terminate the lease with Khalil on this date. Fang-Cheng asked Khalil to personally guarantee payment of Eltanbdawy, Ezzat, and Elnaggar. Khalil did not execute the "Personal Guaranty" listed at the bottom of the August 4, 2008 lease agreement. Despite Khalil's refusal to sign this "Personal Guaranty," Fang-Cheng executed the lease with the three new tenants. Fang-Cheng filed a Complaint with the Court of Common Pleas of Lebanon County, PA on July 21, 2009. The Complaint consists of two counts. Count 1 is claims against Eltanbdawy, Essat, and Elnaggar. Count 2 is claims against Khalil. Count 1 alleges Eltanbdawy, Essat, and Elnaggar are liable to Fang-Cheng for $369,707.59 for unpaid rent, late fees, real estate taxes, water & sewer expenses, and attorney's collection fees. Count 2 alleges that Khalil solely is liable to Fang-Cheng for $171,707.59 because of the "Personal Guaranty" clause. Fang-Cheng requests the Court to enter judgment against all four Defendants in the amount of $369,707.59. Elnaggar, pro se, filed an Answer to the Complaint on August 12, 2009. Essat, pro se, filed his Answer to the Complaint on August 17, 2009. Kahlil, represented by Tabetha A. Tanner, Esquire filed Preliminary Objections and a Brief in support on August 17, 2009. Essat filed a response to Khalil's Preliminary Objections on September 15, 2009. Elnaggar filed a response to Khalil's Preliminary Objections on September 16, 2009. Essat's and Elnaggar's responses do not raise any Preliminary Objections to Fang-Cheng's 2 Complaint but are merely responses to Khalil's Preliminary Objections. However, they both ask the Court to dismiss Fang-Cheng's Complaint against them. Eltanbdawy has not filed any responses or Preliminary Objections. Khalil's Preliminary Objections were listed for the September 2009 Term of Argument Court and were submitted on his Brief, they are now ripe for disposition. DISCUSSION Khalil raises the following Preliminary Objections: 1. Does the Court of Common Pleas of Lebanon County, PA have subject matter jurisdiction over this matter? 2. Is the Court of Common Pleas of Lebanon County, PA the proper venue in which to file this matter? 3. Has Fang-Cheng plead a proper cause of action against Khalil? We begin with the venue Preliminary Objection. We find that the Court of Common Pleas of Lebanon County, PA is an improper venue in which to file this matter. The case is transferred to the Court of Common Pleas of Cumberland County, PA. We will not address Khalil's other two Preliminary Objections but will preserve those issues for disposition by the Court of Common Pleas of Cumberland County, PA. We arrive at this determination by examining Pennsylvania's Rules of Civil Procedure on venue. Preliminary objections may be filed by any party to a pleading on the basis of improper venue. Pa.R.C.P. Rule 1028(a)(1). There is a note to this subsection: "Of the three grounds available to challenge venue, only improper venue may be raised by preliminary objections as provided by Rule 1006(e)." Pa.R.C.P. Rule 1006(e) provides: Improper venue shall be raised by preliminary objections and if not so raised shall be waived. If a preliminary objection to venue is sustained and there is a county of 3 proper venue within the State the action shall not be dismissed but shall be transferred to the appropriate court of that county. The costs and fees for transfer and removal of the record shall be paid by the plaintiff. Pa.R.C.P. Rule 1006(e). Pursuant to these rules, we determine whether this Court is a proper venue by examining Rule 1006. Rule 1006 of the Pennsylvania Rules of Civil Procedure provides the general rule for proper venue: (a) Except as otherwise provided by subdivisions (b) and (c) of this rule, an action against an individual may be brought in and only in a county in which (1) the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law, or (2) the property or a part of the property which is the subject matter of the action is located provided that equitable relief is sought with respect to the property. Pa.R.C.P. 1006. Venue is proper where the Defendant can be served. Pa.R.C.P. 1006(a)(1). Rule 402 of Pennsylvania's Rules of Civil Procedure governs service of process: (a) Original process may be served (1) by handing a copy to the defendant; or (2) by handing a copy (i) at the residence of the defendant to an adult member of the family with whom he resides; but if no adult member of the family is found, then to an adult person in charge of such residence; or (ii) at the residence of the defendant to the clerk or manager of the hotel, inn, apartment house, boarding house or other place of lodging at which he resides; or (iii) at any office or usual place of business of the defendant to his agent or to the person for the time being in charge thereof. 4 Pa.R.C.P. 402. The Court starts its analysis of the Rule by addressing subsections (i) and (ii). Eltanbdawy resides at 117 Prince Street, Harrisburg, Dauphin County, PA. Ezzat resides at 7091 Hanover Manor, Carlisle, Cumberland County, PA. Elnaggar resides at 3102 Hoffer Street, Harrisburg, Dauphin County, PA. Khalil resides at one of two addresses. Fang-Cheng's Complaint states 4729 Gettysburg Road, Mechanicsburg, Cumberland County, PA. Khalil's Brief states 15 Grinnel Drive, Camp Hill, Cumberland County, PA. Neither address is in Lebanon County, PA so Khalil's residence is not in Lebanon County, PA no matter which one is his actual address. Thus, none of the Defendants reside in Lebanon County, PA, and none of the Defendants could have been served in Lebanon County, PA. Fang-Cheng is the only party who resides in Lebanon County, PA and resides at 811 Bowman Street, Lebanon, Lebanon County, PA. The Rule does not provide that a Plaintiffs residence is a proper venue. Thus, Lebanon County, PA is an improper venue. Examining subsection (iii), we find that Eltanbdawy, Ezzat, and Elnagger are all employed by the restaurant which is located in the premises leased from Fang-Cheng. Thus, the office or usual place of business for these Defendants is in Camp Hill, Cumberland County, PA. Further, Khalil works in Cumberland County, PA. None of the Defendants could have been served at their office or usual place of business since they do not work in Lebanon County, PA. Therefore, Lebanon County, PA is an improper venue. An action can be brought against a party where the cause of action arose. Pa.R.C.P. 1006(a)(1). The leased premises are located at 3421 Simpson Ferry Road, Camp Hill, Cumberland County, PA; thus, the cause of action arose in Cumberland County, PA. Therefore, this action could have 5 been brought in Cumberland County, PA, and Lebanon County, PA is an improper venue. Venue is proper where a transaction or occurrence took place out of which the cause of action arose. Pa.R.C.P 1006(a)(1). The transaction took place where the leased premises are located, which is 3421 Simpson Ferry Road, Camp Hill, Cumberland County, PA. No transactions or occurrences took place in Lebanon County, PA. The only connection to Lebanon County, PA is Fang-Cheng's residence. Thus, the action could have been brought in Cumberland County, PA, and Lebanon County, PA is an improper venue. Venue is proper in any county authorized by law. Pa.R.C.P. 1006(a)(1). For the reasons already discussed, Lebanon County, PA is not a proper venue authorized by law. Venue is proper where the property or part of the property which is the subject matter of the action is located. Pa.R.C.P. 1006(a)(2). As previously discussed, the property which is the subject matter of the action is the leased premises located at 3421 Simpson Ferry Road, Camp Hill, Cumberland County, PA. The action could have been brought in Cumberland County, PA, and Lebanon County, PA is improper venue. Since we have determined that Lebanon County, PA is not a proper venue to bring this action, we now must resolve what happens to the case. Khalil requests the case is dismissed for lack of a proper venue. However, Pa.R.C.P. 1006(e) requires the case to be transferred to an appropriate county. We find that Cumberland County, PA is an appropriate county for the case to be transferred. We arrive at this conclusion by examining the same rules already discussed. Ezzat and Khalil both reside in Cumberland County, PA. Pursuant to Pa.R.C.P. 1006(c)(1), the action can also be brought against 6 Eltanbdawy and Elnaggar in Cumberland County, PA even though they reside in Dauphin County, PA. The Rule provides: (c)(1) Except as otherwise provided by paragraph (2), an action to enforce a joint or joint and several liability against two or more defendants, except actions in which The Commonwealth is a party defendant, may be brought against all defendants in any county in which the venue may be laid against any one of the defendants under the general rules of subdivisions (a) or (b). Pa.R.C.P. 1006(c)(1). Furthermore, the Court finds Cumberland County, PA is a proper venue because all Defendants have an office or usual place of business in Cumberland County, PA since they all work in that county. The cause of action arose in Cumberland County, PA since the leased premises is located there. All transactions and occurrences out of which the cause of action arose took place in Cumberland County, PA since the leased premises is located there. Moreover, the leased premise which is the subject matter of the dispute is located in Cumberland County, PA. For all the foregoing reasons, Cumberland County, PA is a proper venue, and the case is transferred to the Cumberland County Court of Common Pleas. Pursuant to Rule 1006(e), "the costs and fees for transfer and removal of the record shall be paid by the plaintiff." Pa.R.C.P. 1006(e). This Court will not address Khalil's other Preliminary Objections but will preserve those Preliminary Objections for disposition by the Court of Common Pleas of Cumberland County, PA. We will enter an Order consistent with the foregoing. i t No. 2009-01707 Kuan Fang-Cheng VS. CIVIL COMPLAINT 0 Tarek Eltanbdawy, Amal Essat, Rasha Elnaggar and Walid Khalil STATE OF PENNSYLVANIA) COUNTY OF LEBANON } SS: Christianson Meyer George E. Christianson, EsquirJ' %Pr I F O ] NIA , C 411 Chestnut Street Lebanon PA 17042 (717) 273-1651 Docket Page 30187 Michael J. DeLeo, Sheriff, being duly sworn according to law, deposes and says that he served the within CIVIL COMPLAINT upon TAREK ELTANBDAWY, the within named DEFENDANT, by deputizing the Sheriff of Dauphin County, Pennsylvania, to serve the same according to law, and who served the said CIVIL COMPLAINT upon TAREK ELTANBDAWY, the said within named DEFENDANT, by handing one true and attested copy thereof, personally to Sauad Ehadli, she being the Daughter and Person in Charge on August 10, 2009 at 10:43 A.M., at 117 Prince Street, Harrisburg Pennsylvania, and by making known to her the contents of the same. Affidavit of Service of the Sheriff of Dauphin County, Pennsylvania, is hereto attached and made a part of this Return. Michael J. DeLeo, Sheriff, being duly sworn according to law, deposes and says that he served the within CIVIL COMPLAINT upon AMAL ESSAT, the within named DEFENDANT, by deputizing the Sheriff of Cumberland County, Pennsylvania, to serve the same according to law, and who served the said CIVIL COMPLAINT upon AMAL ESSAT, the said within named DEFENDANT, by handing one true and attested copy thereof, personally to him on August 10, 2009 at 4:19 P.M., at 8A Richland Lane, Apt. 204, Camp Hill, Pennsylvania, and by making known to him the contents of the same. Affidavit of Service of the Sheriff of Cumberland County, Pennsylvania, is hereto attached and made a part of this Return. Michael J. DeLeo, Sheriff, being duly sworn according to law, deposes and says that he served the within CIVIL COMPLAINT upon RASHA ELNAGGAR, the within named DEFENDANT, by deputizing the Sheriff of Dauphin County, Pennsylvania, to serve the same according to law, and who served the said CIVIL COMPLAINT upon RASHA ELNAGGAR, the said within named DEFENDANT, by handing one true and attested copy thereof, personally to him on August 7, 2009 at 10:20 A.M., at 3102 Hoffer Street, Harrisburg, Pennsylvania, and by making known to him the contents of the same. Affidavit of Service of the Sheriff of Dauphin County, Pennsylvania, is hereto attached and made a part of this Return. 1? ? iichael J. DeLeo, Sheri#eing duly sworn according to law, dLoses and says that he served the within CIVIL COMPLAINT upon WALID KHALIL, the within named DEFENDANT, by deputizing the Sheriff of Cumberland County, Pennsylvania, to serve the same according to law, and who served the said CIVIL COMPLAINT upon WALID KHALIL, the said within named DEFENDANT, by handing one true and attested copy thereof, personally to him on July 30, 2009 at 8:19 P.M., at 4729 Gettysburg Road, Mechanicsburg, Pennsylvania, and by making known to him the contents of the same. Affidavit of Service of the Sheriff of Cumberland County, Pennsylvania, is hereto attached and made a part of this Return. Sworn to and subscribed before me This 3e day of September, 2009 SO ANSWERS, fi1L > V3&&tary Public NOTARIA I. SEAL Debra Am 7oinson, No Public Lebanon City LebanonnCounty My commission )res Nov. so, 4011 szs?.?- l./ Is SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 71775 Check No. 14727 Amount $ 100.00 / Costs Incurred: Amount $ 100.00 Amount of Refund: Check No. Amount $ 0.00 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful to him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 Striff s Office of Cumberland City y R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OFFICE OF c"E Edward L Schorpp Solicitor Kuan Fang-Cheng vs. Walid Khalil Case Number 2009-01707 SHERIFF'S RETURN OF SERVICE AMENDED 07/30/2009 08:19 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 30 2009 at 2019 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Walid Khalil, by making known unto himself personally, defendant at 4729 Gettysburg Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/10/2009 07:19 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2009 at 1919 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Amal Ezzat, by making known unto himself personally, defendant at 8A Richland Lane Apt. 204 Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $44.14 August 11, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Depuy Sheriff • of the,*11crif r -f Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin KUAN FANG-CHENG VS RASHA ELNAGGAR ?T Sheriff s Return No. 2009-T-2172 OTHER COUNTY NO. 200901707 And now: AUGUST 10, 2009 at 10:43:00 AM served the within COMPLAINT upon TEREK ELTANBDAWY by personally handing to SOUAD EHADLI 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 117 PRINCE STREET HARRISBURG PA 17109 DAUGHTER Sworn and subscribed to before me this 11 TH day of August, 2009 11?- /&/ So Answers, iof Daupl* f By 44? z NOTARIAL SEAL " "t' "1.7 "---- --- RY JANE SNYDER, Notary Publi Deputy: W CONWAY Highspire, Dauphin County Sheriffs Costs: $66.5 8/4/2009 LM Commission Expires Set 1, 2010 n u 10 -& M t it o the illrerr- Mary Jane Snder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin KUAN FANG-CHENG VS RASHA ELNAGGAR Sheriff s Return No. 2009-T-2172 OTHER COUNTY NO. 200901707 And now: AUGUST 7, 2009 at 10:20:00 AM served the within COMPLAINT upon RASHA ELNAGGAR by personally handing to RASHA ELNAGGAR 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 3102 HOFFER STREET HARRISBURG PA 17103 Sworn and subscribed to before me this 11TH day of August, 2009 NOTARIAL SEAL MARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Ex fires Set 1,2010 So Answers, Sheriff of D un ; P By Deputy Sheriff Deputy: S WEVODAU Sheriffs Costs: $66.5 8/4/2009 • COUNTY OF DAUPHIN HARRISBURG, PA. 0 J.R. LOTWICK SHERIFF OF DAUPHIN COUNTY OFFICAL RECEIPT File # Case Number Document Type 2009-T-2172 COMPLAINT Operator: 2555 Primary RASHA ELNAGGAR Defendant: Cash Accounting Rec. Date Cat. Transaction Type De osit Type Receipt. Number Check From 1 Amount 8/4/2009 De osit County Civil Action-Notice Check 09-75335 CHRISTIANSON MEYER $66.50 Total Number of Rows: 1 Total Paid $66.5 IRECD. BY 8/4/2009 2:41:44 PM •SHERIFF'S OF LEBANON COUNTY, PENNSYLVANIA Room 3, Municipal Building Lebanon, Pennsylvania 17042 PLAINTIFF: KUAN FANG-CHENG DEFENDANT: TEREK ELTANBDAWY Expiration: 117 PRINCE STREET 08121109 HARRISBURG %-10:1 SERVE: Personally or Person In Charge 2009-01707 Ck# 1472g Amount 100.00 Rduv" C -a Gk- deix* r113f 1 G9 -# 14f75- 7 COQ ? Now, July 23, 2009,1 Michael J. DeLeo, Sheriff of Lebanon County, Pennsylvania, do hereby deputize the Sheriff of 090PH i N ? COUNTY Pennsylvania, to serve the same CIVIL COMPLAINT according to law. 1 Michael J. DeLeo, Sheriff Now, , at o'clock M. served the within at by handing to a copy of the original and made known to the contents thereof. SO ANSWERS, Sheriff of County, PA Now, , , after diligent search and inquiry failed to find the within within my bailiwick. Reason unable to locate: Sheriff of Sworn to and subscribed before me this day of , County, PA Notary Public • 0 SHERIFF'S OF LEBANON COUNTY, PENNSYLVANIA Room 3, Municipal Building Lebanon, Pennsylvania 17042 AINTIFF: KUAN FANG-CHENG DEFENDANT: RASHA ELNAGGAR Expiration: 3102 HOFFER STREET 08121109 HARRISBURG sw C7I173 SERVE: Personally or Person In Charge 2009-01707 Ck# 14729 Amount 100.00 QdukAL1 cL- 6L `dW -17 -N16 q 757 && W Now, July 23, 2009, 1 Michael J. DeLeo, Sheriff of Lebanon County, Pennsylvania, do hereby deputize the Sheriff of DAUPRIM C=OUNTY Pennsylvania, to serve the same CIVIL COMPLAINT according to law. A?--:-?- 12%&-,*- di 1 Michael J. DeLeo, Sheriff Now, , at o'clock M. served the within at by handing to a copy of the original and made known to the contents thereof. SO ANSWERS, Sheriff of County, PA Now, , after diligent search and inquiry failed to find the within within my bailiwick. Reason unable to locate: Sworn to and subscribed before me this day of , Sheriff of County, PA Notary Public LEBANON COUNTY SHERIFF'S OFFICE 400 South Eighth Street Lebanon, Pennsylvania 17042 Telephone (717) 2284410 Fax Number (717) 279-8398 ORDER FOR SERVICE REQUEST - TO BE COMPLETED BY REQUESTING ATTORNEY. I . All information from the attorney must be filled-in before service can be made. 2. When completinz location for service, be certain to have a valid address or directions. DO NOT use P.O. Boxes or R.D.'s ADDRESSES ONLY. Provide the Township, if aoolicable. If available, please also provide a phone number or place of employment. 1 When a Deputy Sheriff levy's or attaches property, he or she will leave the property without a watchman and in custody of whomever is f found in possession, after notifying the person the property is under a Sheriffs Levy. The Sheriff or Deputy is not liable in any way for protecting property. 4. Service will be executed in accordance with Rule 402 and Title 231, Pennsylvania Rules of Civil Procedure. 5. The attorney must certify all copies of process. 116. Supply a self-addressed stamped envelope for return of service. 1. PLAINTIFF( vl4fV rANc - C H ENG 2. COURT NUMBER: ZW / ? o-7 DATE FILED: 7.-,R0 -69 3. DEFENDANT(s): 4. TYPE OF WRIT OR COMPLAINT: Clv NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO BE SERVED: SERVICE EIQ.EK 4 rA /V A 1) A j ADDRESS (Street, Apartment No., City, Borough, Township, State and Zip Code): AXM? ?O? 11-7 Pte S TaSWT- ARZ15 Q u Q. G. PA 11010 1 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO BE SERVED: SERVICE min L ELZ A r 2 ADDRESS (Street, Apartment No., City, Borough, Township, State and Zip Code): 7OQ 14ANOyer- NO k 9-?1 LC NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO BE SERVED: SERVICE .4 A 3 ADDRESS (Street, Apartment No., City, Borough, Township, State and ZP , ode): i t 0 31' O 7- W-a->- P A 44 16 8 0 4 6 / A , NAME OF INDIVIDUAL, COMPANY, CO ORATION, ETC. TO BE SERVED: SERVICE , WjqLj K14 i L_ 4 ADDRESS (Street. Apartment No., City, rough, Township, State and Zip Code): L P A (.tJ l 2 q Gera 09o m -NAME OF INDIVIDUAL, COMPANY; CORPORATION, ETC. TO BE SERVED: SERVICE 5 ADDRESS (Street, Apartment No., City, Borough, Township, State and Zip Code): NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO BE SERVED: SERVICE t 6 ADDRESS (Street, Apartment No., City, Borough, Township, State and Zip Code): 7. Name of Attar other Originator: 8. Telephone Number 9. Date 1 7/7- 273 -/6,C1 7- 16 - a 10. Send Notice of Service copy to name and address below: (This area must be completed if notice is to be mailed) 6*44S_r1#9AJS,0?Q / Q16T T 67' /66,4A)ON, PA 17dYZ SPECIAL INSTRUCTIONS FOR SERVICE: JUL 22 hM,9: jal If additional services are required, please attach a sheet noting each individual and location to be served. SHOFF'S OF LEBANON COUNTY, PENNRVANIA Room 3, Municipal Building Lebanon, Pennsylvania 17042 PLAINTIFF: KUAN FANG-CHENG 2009.01707 DEFENDANT: TEREK ELTANBDAWY Expiration: 117 PRINCE STREET 08121109 HARRISBURG SERVE: Personally or Person In Charge Ck# 14728 Amount 100.00 Now, July 23, 2009, 1 Michael J. DeLeo, Sheriff of Lebanon County, Pennsylvania, do hereby deputize the Sheriff of DAUPHO) COUNTY Pennsylvania, to serve the same CIVIL COMPLAINT according to law. -o?- _z- 4 ?- j 2 % e? do 1 Michael J. DeLeo, Sheriff Now, , at o'clock M. served the within at by handing to a copy of the original and made known to the contents thereof. SO ANSWERS, Sheriff of County, PA Now, , after diligent search and inquiry failed to find the within within my bailiwick. Reason unable to locate: Sheriff of Sworn to and subscribed before me this day of , _ County, PA Notary Public SHRIFF'S OF LEBANON COUNTY, PENNSRVANIA Room 3, Municipal Building Lebanon, Pennsylvania 17042 PLAINTIFF: KUAN FANG-CHENG DEFENDANT: RASHA ELNAGGAR Expiration: 3102 HOFFER STREET 08121109 HARRISBURG 18101 SERVE: Personally or Person In Charge 2009-01707 Ck# 14729 Amount 100.00 Now, July 23, 2009,1 Michael J. DeLeo, Sheriff of Lebanon County, Pennsylvania, do hereby deputize the Sheriff of pAL)PHIAJ ) COUNTY Pennsylvania, to serve the same CIVIL COMPLAINT according to law. di Michael J. DeLeo, Sheriff Now, , at served the within o'clock M. at by handing to a copy of the original and made known to the contents thereof. SO ANSWERS, Sheriff of County, PA Now, , , after diligent search and inquiry failed to find the within Reason unable to locate: within my bailiwick. Sheriff of Sworn to and subscribed before me this day of , _ County, PA Notary Public 0 SKIFF'S OF LEBANON COUNTY, PENNSYLVANIA Room 3, Municipal Building Lebanon, Pennsylvania 17042 PLAINTIFF: DEFENDANT SERVE: KUAN FANG-CHENG AMAL EZZAT 7091 HANOVER MANOR CARLISLE PA Personally or Person In Charge Expiration: 08121109 2009-01707 Ck# 14729 Amount 100.00 Now, July 23, 2009,1 Michael J. DeLeo, Sheriff of Lebanon County, Pennsylvania, do hereby deputize the Sheriff of CUMBERLAND COUNTY Pennsylvania, to serve the same CIVIL COMPLAINT according to law. a? d j Michael J. DeLeo, Sheriff Now, , at o'clock M. served the within at by handing to a copy of the original and made known to the contents thereof. SO ANSWERS, Sheriff of County, PA Now, , , after diligent search and inquiry failed to find the within Reason unable to locate: within my bailiwick. Sheriff of County, PA Sworn to and subscribed before me this day of , _ Notary Public 9 SAIFF'S OF LEBANON COUNTY, PENNSYLVANIA Room 3, Municipal Building Lebanon, Pennsylvania 17042 PLAINTIFF: DEFENDANT SERVE: KUAN FANG-CHENG WALID KHALIL 4729GETTSBURG ROAD MECHANICSBURG PA Personally or Person In Charge Expiration: 08121/09 2009-01707 Ck# 14729 Amount 100.00 Now, July 23, 2009,1 Michael J. DeLeo, Sheriff of Lebanon County, Pennsylvania, do hereby deputize the Sheriff of CUMBERLAND COUNTY Pennsylvania, to serve the same CIVIL COMPLAINT according to law. j-- Michael J. DeLeo, Sheriff Now, , at o'clock M. served the within at by handing to and made known to copy of the original the contents thereof. SO ANSWERS, Sheriff of County, PA Now, , after diligent search and inquiry failed to find the within within my bailiwick. Reason unable to locate: Sheriff of Sworn to and subscribed before me this day of , County, PA Notary Public • Lebanon County Sheriffs Office N °_ 71775 400 South Eighth Street, Room 3 Lebam P6msylvania 17042 (717)22814410 DATE RECEIVED 1 ? FROM DOLLARS ? CASH FOR vS ? CREDIT CARD B AMOUNT OF ACCOUNT _ ................_................. $ azatx AMOUNT PAID... ....._._ ........................... ....... _ $ BALANCE DUE . - __ $ e n )n coin Sherif'S pfce of Leb,,,"po.#3 400 soult ELCa14114 }7042°6794 LEBANO14,PA 0 O n CD CA) 0 o? v ,,, v m D 0 m '0 0 o ., co 0 4 N O v, (D (D' a M r = X D ?? D oo to r o o Z? c N ( 4c ? n ,. O , o ..* ? Z cn Z o3y o o z z mN o°mo ?O . ;? M N 0 CO Amy V) 'v m 41 C X G^ G) DD v w v m xc 4? 4 N co C r« 00 °o 1 (4 Do ?m T PO ? =.?-4 > ?_ m z -n -n m ? Z a M,, r 91M > CO G) '?0 G);° m 00m m?' Z N O 0 i 0 V n rr-- G 10 z A O T m CO) L - w 'a SCAflnEo IMAGE Ms. Rasha Elnaggar 3102 Hoffer St. Harrisburg, PA 17103 PRO SE RYAN FANG-CHENG, COURT OF COMM PLEAS OF Plaintiff LEBANON COUNTY, PENNSYLVANIA V. NO. 2009-01707 TAKER ELTANBDAWY, ANAL CIVIL ACTION - LAW ESSAT, PASHA ELNAGGAR, and WALID RHALIL, Defendants pEF$NDANT'S, RA$RA BLNAGGAR, RESPONSE TO DEFENDANT'S, WALID KHALIL, PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Rasha Elnaggar, and response to Defendant's, Walid Khalil, Preliminary Objections as follows: Admitted. 1 . Admitted. 2 . G- 3. Admitted. 4. Admitted. _ D l / ?J 5. Admitted. b. Neither admitted, nor denied. By way of further response, Defendant, Rasha Elnaggar, assets that whether or not the jurisdiction is moved, she is still not a part to this action (See Defendant's, Rasha Elnaggar, Answer to Plaintiff's Complaint filed of record). ?a 7. Neither admitted, nor denied. By way of further response, Defendant, Rasha Elnaggar, assets that whether or not the jurisdiction is moved, she is still not a part to this action (See Defendant's, Rasha Elnaggar, Answer to Plaintiff's Complaint filed of record). 8. Neither admitted, nor denied. By way of further response, Defendant, Rasha Elnaggar, assets that whether or not the jurisdiction is moved, she is still not a part to this action (See Defendant's, Rasha Elnaggar, Answer to Plaintiff's Complaint filed of record). 9. Admitted. 10. No response required. 11. Admitted. 12. No response required. WHEREFORE, Defendant, Rasha Elnaggar, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against Defendant, Rasha Elnaggar. Respectfully submitted, sha Elnaggar, Defendant Pro Se - -i so • 0 Ms. Amal Essat sC?nnEO IMAGE 8 Richland Ln., Apt. 8A 204 Camp Hill, PA 17011 PRO SE _ 1UAN FANG-CHZNG, COURT OF CCMM PLEAS OF Plaintiff LEBANON COUNTY, PENNSYLVANIA V. NO. 2009-01707 TAREK ELTANBDANY, ANAL CIVIL ACTION - LAS ESSAT, RASHA ELNAGGAR, and VALID KHALIL, Defendants VzM; ,S, ANAL ESSAT, RESPONSE TO D$FENDANT'S, VALID KHALIL, PRELnMIARY OBJECTIONS AND NOW, comes the Defendant, Amal Essat, and response to Defendant's, Walid Khalil, Preliminary Objections as follows: ,W 1. Admitted. CD o = r `- 2. Admitted. > C; 'T1 3. Admitted. 4. Admitted. r o rn w ? 5. Admitted. 6. Neither admitted, nor denied. By way of further response, Defendant, Amal Essat, assets that whether or not the jurisdiction is moved, she is still not a part to this action (See Defendant's, Amal Essat, Answer to Plaintiff's Complaint filed of record). 7. Neither admitted, nor denied. By way of further response, Defendant, Amal Essat, assets that whether or not the jurisdiction is moved, she is still not a part to this action (See Defendant's, Amal Essat, Answer to Plaintiff's Complaint filed of record). 8. Neither admitted, nor denied. By way of further response, Defendant, Amal Essat, assets that whether or not the jurisdiction is moved, she is still not a part to this action (See Defendant's, Amal Essat, Answer to Plaintiff's Complaint filed of record). 9. Admitted. 10. No response required. 11. Admitted. 12. No response required. WHRRLFORE, Defendant, Amal Essat, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against Defendant, Amal Essat. Respectfully submitted, Amal Essat, Defendant Pro Se - • Ms. Amal Essat 8 Richland Ln., Apt. 8A 204 Camp Hill, PA 17011 PRO SE KUAN FANG-CHENG, Plaintiff V. TAHNN BLTANBDANY, ANAL ESSAT, RASHA EL1WGAR, and VALID IUU LIL, Defendants COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA NO. 2009-01707 CIVIL ACTION - LAW CUTIFICI T-9 aF SEBVIC& I hereby certify that I served a true and correct copy of the Defendant's, Amal Essat, Response to Defendant's Walid Khalil, Preliminary Objections, via first-class U.S. mail, addressed as follows: Mr. George E. Christianson 411 Chestnut St. Lebanon, PA 17042 Ms. Rasha Elnaggar 3102 Hoffer St. Harrisburg, PA 17103 Mr. Tarek Eltanbdawy 117 Prince St. Harrisburg, PA 17109 Tabetha Tanner, Esquire 1300 Market St., Ste. 10 Lemoyne, PA 17043 Date Ammal Essat IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA KUAN FANG-CHENG Case No.: 2009-01707 VS. TAREK ELTANBDAWY, ET AL AMAL EZZAT, ET AL CERTIFICATE OF SERVICE SCAnroEp IMAGE KATHY STEINER , an Employee in the Office of the Prothonotary of Lebanon County, Pennsylvania, hereby certifies that the foregoing ORDER TO LIST CASE FOR ORAL ARGUMENT AND ARGUMENT NOTICE was served as follows: AMAL EZZAT by Mailing 8 RICHLAND LANE, APT 8A 204 on 9/08/2009 CAMP HILL, PA 17011 PURSUANT TO RULE 236 You are hereby notified that this order has been entered in this case. Dated: 9/08/2009 /a C' 1 o "" IV N t? N 4- t?D a) a bL ::7 aaISPH ti4 ? f,+ u a 0 ?? Y C C\j i - X1..1 w Q ? O uw?N y ?g ?L . ,7 P; n r 1? . >c C:3 •A O 4 1 A O a O O n W N ? m - 0aa3 W"o 0 "au, 4 14 - 0 Fm F - aaa ? h 1F-}q a *+ WHZ r. ?- MJ7 10 OW M - ft = O F ti - W O .4 - H z x H z U 0 r i I i ?N t ?? •?Oleo?n.c 3tc.c 9?8/o?i k?c &l;tn Lb A 10: 03 IN THE COURT OF COMMON PLEAS OF LEBANON C PENNSYLVANIA (? p (? +s. CIVIL ACTION - LAW KUAN FANG-CHENG VS TAREK ELTANBDAWY No 2009-01707 AMAL EZZAT, RASHA ELNAGGAR, AND WALID KHALIL ORDER OF COURT AND NOW, to wit, this 25th day of August, 2009, upon Praecipe for Disposition for Preliminary Objections to Plaintiffs Complaint to the court for a hearing, the court hereby directs the Prothonotary of Lebanon County to list this case for oral argument on the next available argument court date and notify all parties of the briefing schedule. .J cc: George Christianson, Esquire Tarek Eltanbawy Tabetha Tanner, squire Amal Ezzat Rash Elnaggar Judges Chambers-KF Court Admininstration-Leslie 3 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA KUAN FANG-CHENG Action No. 2009-01707 VS. TAREK ELTANBDAWY, ET AL, et al. ORAL ARGUMENT REOUESTED NOTICE OF LISTING CASE FOR ARGUMENT COURT, fj TO: AMAL EZZAT, ET AL` 7091 HANOVER MANOR -CARLISLE, PA 0?' r s You are hereby notified that the above-captioned case.\was`listed for ARGUMENT at the September 25, 2009, Term of Argument Court, which will commence at 9:00,AM Proponent's Brief is Due on September 10, 2009 Opponent's Brief is Due on September 21, 2009 See Lebanon County Rule 52-210 re Filing of Briefs Lebanon County Rule 52-211 provides: "All cases on the Argument List shall be determined to -have been submitted to the Court for disposition on briefs unless a party serves upon the Prothonotary and opposing counsel a written demand for oral argument within five (5) days following the filing of the Praecipe for Disposition." REPORT TO,THE THIRD FLOOR OF THE MUNICIPAL BUILDING 400 South Eighth Street Lebanon, Pennsylvania (A Listing of Cases and appropriate Courtroom will be posted for your Convenience.) LISTED BY TABETHA TANNER ESQ,'FOR D11"ORAL POSITION OF PRELIMINARY OBJESTIONS TO PLAINTIFF'S COMPLAINT. ARGUMENT IS REQUESTED HAVE YOU ENTERED YOUR APPEARANCE ? PRO822PF A 1 • • IN THE COURT OF COMMON PLEAS OF ^L ?" NOD n,t LEBANON COUNTY, PENNSYLVANIA KUAN FANG-CHENG Action No. 2009-01707 VS. TAREK ELTANBDAWY, ET AL, et al. ORAL ARGUMENT REQUESTED NOTICE OF LISTING CASE FOR ARGUMENT COURT TO: TABETHA A. TANNER TANNER LAW OFFICES, LLC 1300 MARKET ST., SUITE 10 LEMOYNE PA 17043 You are hereby notified that for ARGUMENT at the September 25, will commence at 9:00 AM the above-captiorried casg wa-s listed 2009, Term of Argument Curt;, which s Proponent's Brief is Due on September 10, 2009 Opponent's Brief is Due on September 21, 2009 See Lebanon County Rule 52-210 re Filing of Briefs Lebanon County Rule 52-211 provides: "All cases on the Argument List shall be determined to have been submitted to the Court for disposition on briefs unless a party serves upon the Prothonotary and opposing counsel a written demand for oral argument within five (5) days following the filing of the Praecipe for Disposition." REPORT TO THE THIRD FLOOR OF THE MUNICIPAL BUILDING 400 South Eighth Street Lebanon, Pennsylvania (A Listing of Cases and appropriate Courtroom will be posted for your convenience.) LISTED BY TABETHA TANNER ESQ, FOR DISPOSITION OF PRELIMINARY OBJESTIONS TO PLAINTIFF'S COMPLAINT. * *ORAL ARGUMENT IS REQUESTED HAVE YOU ENTERED YOUR APPEARANCE ? PRO822PF q 0 0 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA TO: KUAN FANG-CHENG VS. TAREK ELTANBDAWY, ET AL, et al. Action No. 2009-01707 ORAL ARGUMENT REQUESTED NOTICE OF LISTING CASE FOR ARGUMENT CUR' -?a RASHA ELNAGGAR, ET AL - - 3102 HOFFER ST = 4' U_ HARRISBURG,PA 0 C'J You are hereby notified that the above-captioned casecwas`iisted for ARGUMENT at the September 25, 2009, Term of Argument CArt, which will commence at 9:00 AM Proponent's Brief is Due on September 10, 2009 Opponent's Brief is Due on September 21, 2009 See Lebanon County Rule 52-210 re Filing of Briefs Lebanon County Rule 52-211 provides: "All cases on the Argument List shall be determined to have been submitted to the Court for disposition on briefs unless a party serves upon the Prothonotary and opposing counsel a written demand for oral argument within five (5) days following the filing of the Praecipe for Disposition." REPORT TO THE THIRD FLOOR OF THE MUNICIPAL BUILDING 400 South Eighth Street Lebanon, Pennsylvania (A Listing of Cases and appropriate Courtroom will be posted for your convenience.) LISTED BY TABETHA TANNER ESQ, FOR DISPOSI ION OF PRELIMINARY OBJESTIONS TO PLAINTIFF'S COMPLAINT. ***0 L ARGUMENT IS REQUESTED HAVE YOU ENTERED YOUR APPEARANCE ? PRO822PF • IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA KUAN FANG-CHENG Action No. 2009-01707 VS. TAREK ELTANBDAWY, ET AL, et al. ORAL ARGUMENT REQUESTED NOTICE OF LISTING CASE FOR ARGUMENT CWT TO: AMAL EZZAT, ET AL c- 7091 HANOVER MANOR CARLISLE,PA 0 You are hereby notified that the above-captioned caso:Awas listed for ARGUMENT at the September 25, 2009, Term of Argument Court, which will commence at 9:00 AM Proponent's Brief is Due on September 10, 2009 Opponent's Brief is Due on September 21, 2009 See Lebanon County Rule 52-210 re Filing of Briefs Lebanon County Rule 52-211 provides: "All cases on the Argument List shall be determined to have been submitted to the Court for disposition on briefs unless a party serves upon the Prothonotary and opposing counsel a written demand for oral argument within five (5) days following the filing of the Praecipe for Disposition." REPORT TO THE THIRD FLOOR OF THE MUNICIPAL BUILDING 400 South Eighth Street Lebanon, Pennsylvania (A Listing of Cases and appropriate Courtroom will be posted for your convenience.) LISTED BY TABETHA TANNER ESQ, FOR DISPOSITION OF PRELIMINARY OBJESTIONS TO PLAINTIFF'S COMPLAINT. ***ORAL ARGUMENT IS REQUESTED HAVE YOU ENTERED YOUR APPEARANCE ? PRO822PF 0 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA KUAN FANG-CHENG Action No. 2009-01707 VS. TAREK ELTANBDAWY, ET AL, et al. ORAL ARGUMENT REQUET STED NOTICE OF LISTING CASE FOR ARGUMENT -,, TO: TAREK ELTANBDAWY, ET AL 117 PRINCE ST HARRISBURG,PA 0 r? You are hereby notified that the above-captioned case was listed for ARGUMENT at the September 25, 2009, Term of Argument Court, which will commence at 9:00 AM Proponent's Brief is Due on September 10, 2009 Opponent's Brief is Due on September 21, 2009 See Lebanon County Rule 52-210 re Filing of Briefs Lebanon County Rule 52-211 provides: "All cases on the Argument List shall be determined to have been submitted to the Court for disposition on briefs unless a party serves upon the Prothonotary and opposing counsel a written demand for oral argument within five (5) days following the filing of the Praecipe for Disposition." REPORT TO THE THIRD FLOOR OF THE MUNICIPAL BUILDING 400 South Eighth Street Lebanon, Pennsylvania (A Listing of Cases and appropriate Courtroom will be posted for your convenience.) _ LISTED BY TABETHA TANNER ESQ, FOR DISP SITION OF PRELIMINARY OBJESTIONS TO PLAINTIFF'S COMPLAINT. ** ORAL ARGUMENT IS REQUESTED HAVE YOU ENTERED YOUR APPEARANCE ? PR0822PF E IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA KUAN FANG-CHENG Action No. 2009-01707 VS. TAREK ELTANBDAWY, ET AL, et al. ORAL ARGUMENT REQUESTED NOTICE OF LISTING CASE FOR ARGUMENT-- OUR7- TO: GEORGE E CHRISTIANSON Ci- 411 CHESTNUT ST LEBANON PA 17042 You are hereby notified that the above-captioneddase was listed for ARGUMENT at the September 25, 2009, Term of Argument Court, which will commence at 9:00 AM Proponent's Brief is Due on September 10, 2009 Opponent's Brief is Due on September 21, 2009 See Lebanon County Rule 52-210 re Filing of Briefs Lebanon County Rule 52-211 provides: "All cases on the Argument List shall be determined to have been submitted to the Court for disposition on briefs unless a party serves upon the Prothonotary and opposing counsel a written demand for oral argument within five (5) days following the filing of the Praecipe for Disposition." REPORT TO THE THIRD FLOOR OF THE MUNICIPAL BUILDING 400 South Eighth Street Lebanon, Pennsylvania (A Listing of Cases and appropriate Courtroom will be posted for your convenience.) LISTED BY TABETHA TANNER ESQ, FO DISP ITION OF PRELIMINARY OBJES911IONS TO PLAINTIFF'S COMPLAINT. ** ORAL ARGUMENT IS REQUESTED HAVE YOU ENTERED YOUR APPEARANCE ? PR0822PF • 0 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA KUAN FANG-CHENG Case# 2009-01707 VS. TAREK ELTANBDAWY, ET AL, et al. CERTIFICATE OF SERVICE KATHY STEINER , an Employee in the Office of the Prothonotary of Lebanon County, Pennsylvania, hereby certifies that the foregoing NOTICE OF LISTING CASE FOR ARGUMENT COURT on September 25, 2009 was served as follows: GEORGE E CHRISTIANSON by Mailing 411 CHESTNUT ST on 8/26/2009 LEBANON PA 17042 TAREK ELTANBDAWY, ET AL by Mailing 117 PRINCE ST on 8/26/2009 HARRISBURG,PA 0 AMAL EZZAT, ET AL by Mailing 7091 HANOVER MANOR on 8/26/2009 CARLISLE,PA 0 RASHA ELNAGGAR, ET AL by Mailing 3102 HOFFER ST on 8/26/2009 HARRISBURG,PA 0 TABETHA A. TANNER by Mailing TANNER LAW OFFICES, LLC on 8/26/2009 1300 MARKET ST., SUITE 10 LEMOYNE PA 17043 Dated: 8/26/2009 R Lr, 2b A 10: 03 IN THE COURT OF COMMON PLEAS OF LEBANON C Y PENNSYLVANIA - ° A CIVIL ACTION - LAW KUAN FANG-CHENG VS TAREK ELTANBDAWY No 2009-01707 AMAL EZZAT, RASHA ELNAGGAR, AND WALID KHALIL ORDER OF COURT AND NOW, to wit, this 25th day of August, 2009, upon Praecipe for Disposition for Preliminary Objections to Plaintiffs Complaint to the court for a hearing, the court hereby directs the Prothonotary of Lebanon County to list this case for oral argument on the next available argument court date and notify all parties of the briefing schedule. Pi cc: George Christianson, Esquire Tarek Eltanbawy Tabetha Tanner, Esquire Amal Ezzat Rash Elnaggar Judges Chambers-KF Court Admininstration-Leslie Pursuant to Pa. R. Civil P. 236 All Pam aro? this date: Prothonotary, Lebanon P • ECG; t }? r' PILED Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone: (717) 731-8114 Fax (717) 731-8115 is 2009 AUG 24 p 12. 54 PRO Motio T,.,, Q (I ,,! I ) J N1A, Z ?11.5 , KUAN FANG-CHENG, § IN THE COURT OF COMMON PLEAS OF Plaintiff § LEBANON COUNTY, PENNSYLVANIA § NO. 2009-01707 V. § § CIVIL ACTION - LAW TAREK ELTANBDAWY, § AMAL EZZAT, § RASHA ELNAGGAR, AND § WALID KHALIL § Defendants § PRAECIPE FOR HEARING TO THE PROTHONOTARY: Please transmit the Preliminary Objections to Plaintiff's Complaint to the Court for a hearing pursuant to Leb.R.C.P. 205.5. Length of Anticipated Hearing: 1 Hour Judge Previously Assigned to Matter: N/A Names and addresses of all opposing counsel or pro se parties: Mr. George E. Christianson, Esquire Mr. Tarek Eltanbdawy Christianson Meyer 117 Prince Street 411 Chestnut Street Harrisburg, PA 17109 Lebanon, PA 17042 . i i Ms. Amal Ezzat 7091 Hanover Manor Carlisle, PA 17013 Mr. Rash Elnaggar 3102 Hoffer Street Harrisburg, PA 17103 By: 1,14 Tabethff. Tanner Supreme Court ID: 91979 Tanner Law Offices 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Attorney for Walid Khalil 0 9 Tanner Law Offices, LLC ?CAN1vED IMAGE 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone: (717) 731-8114 Fax (717) 731-8115 KUAN FANG-CHENG, § IN THE COURT OF COMMON PLEAS OF Plaintiff § LEBANON COUNTY, PENNSYLVANIA § NO. 2009-01707 m V. § § 4 CIVIL ACTION - LAW r- rr"I TAREK ELTANBDAWY, § C? AMAL EZZAT, § ' G2 M z o RASHA ELNAGGAR, AND § - 0Z WALID KHALIL § z o a Q° Defendants § co "'!1 D > D -c m C7 ORDER AND NOW, this day of 2009, upon consideration ofthe Defendant, Walid Khalil's Preliminary Objections to Plaintiff's Complaint, it is hereby ORDERED and DECREED that the Preliminary Objections are GRANTED and Plaintiff s Complaint is DISMISSED in its entirety with prejudice. BY THE COURT: J. KUAN FANG-CHENG, § Plaintiff § V. § TAREK ELTANBDAWY, § AMAL EZZAT, § RASHA ELNAGGAR, AND § WALID KHALIL § Defendants § 0 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA NO. 2009-01707 CIVIL ACTION - LAW NOTICE TO PLEAD To: Kuan Fang - Cheng, Plaintiff %; YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, Tabetha A. Tanner, Esquire Attorney for Defendant Walid Khalil Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 KUAN FANG-CHENG, § Plaintiff § V. § TAREK ELTANBDAWY, § AMAL EZZAT, § RASHA ELNAGGAR, AND § WALID KHALIL § Defendants § U IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA NO. 2009-01707 CIVIL ACTION - LAW NOTICE TO PLEAD To: Kuan Fang - Cheng, Plaintiff J tJ C-j "Z:3 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, Tabetha A. Tanner, Esquire Attorney for Defendant Walid Khalil Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 • • Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone: (717) 731-8114 Fax (717) 731-8115 KUAN FANG-CHENG, Plaintiff V. TAREK ELTANBDAWY, AMAL EZZAT, RASHA ELNAGGAR, AND WALID KHALIL Defendants IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA NO. 2009-01707 CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendant, Walid Khalil, by and through his attorney, Tanner Law Offices, LLC, and respectfully represents the following: COUNT I - PLAINTIFF V. TAREK ELTANBDAWY. AMAL EZZAT AND RASHA ELNAGGAR 1. Defendant Walid Khalil resides at 15 Grinnel Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The leased premises which are the subject matter of this action, is located at 3421 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant Tarek Eltanbdawy is a resident of Dauphin County, Pennsylvania. 4. Defendant Amal Ezzat is a resident of Cumberland County, Pennsylvania. 5. Defendant Rashan Elnaggar is a resident of Dauphin County, Pennsylvania. 6. Pa.R.C.P. No. 1006(a) states that "... an action against an individual may be brought in and only in a county in which (1) the individual may be served or in which the cause of action arose or where a transaction occurrence took place out of which the cause of action arose..." 7. Pa.R.C.P. No. 1006(a)(2) states that an action may be brought in the county in which "the property or part of the property which is the subject of the action is located..." 8. Pa.R.C.P. No. 1006(c)(1) states that "... an action to enforce a joint or joint and several liability against two or more defendants ... may be brought against all defendants in any county in which the venue may be laid against any of the defendants ..." 9. None of the defendants live in Lebanon County, Pennsylvania. 10. All of the defendants may only be served in either Dauphin County or Cumberland County, Pennsylvania. 11. The leased property which is the subject of this action is located in Cumberland County, Pennsylvania. 12. Defendant Walid Khalil asserts preliminary objections to Plaintiff s Complaint in the nature of lack of jurisdiction over the subject matter of the action or person of the defendant, and improper venue pursuant to Pa.R.C.P. 1028(1). WHEREFORE, Defendant, Walid Khalil respectfully requests that the Court grant his preliminary objections in the nature of improper venue and lack of jurisdiction over the subject matter of the action and person of the defendant and dismiss the action against him. COUNT II - PLAINTIFF V. DEFENDANT WALID KHALIL 13. The averments of paragraphs one (1) through twelve (12) hereof are incorporated by reference as if the same were more fully set forth at length herein. 14. Defendant Walid Khalil did execute a lease with Plaintiff on September 15, 2007. 15. Defendant Walid Khalil is not listed as a tenant in the August 4, 2008 lease agreement. 16. Defendant Walid Khalil did not sign the August 4, 2008 lease agreement agreeing to be a tenant at the subject matter property. 17. Defendant Walid Khalil was asked by Plaintiff to guarantee payment by the other three (3) defendants, but refused to do so (as shown by the lack of signature of Plaintiff's exhibit "A"). 18. Plaintiff released Defendant from his lease obligation as of August 4, 2008 when Defendants Rasah Elnaggar, Amal Ezzat and Tarek Eltanbdawy executed a lease for the same property. 19. Plaintiff has failed to plead a proper cause of action against Defendant Walid Khalil. 20. Pa.R.C.P. No. 1028(4) permits the filing of preliminary objections on the grounds of legal insufficiency of the pleadings (demurrer). 21. Defendant Walid Khalil hereby asserts preliminary objections to Plaintiff's Complaint in the nature of demurrers. WHEREFORE, Defendant, Walid Khalil, repsectfully requests that this Honorable Court grant his preliminary objections in the nature of demurrers and dismiss this action against him. Respectfully submitted, Tabetha A. Tanner, Esquire Attorney for Defendant Walid Khalil Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 VERIFICATION I, Walid Khalil, verify that the statements made in this Preliminary Objections to Plaintiff's Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 8_11- Coq Walid Kha it CJ Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone: (717) 731-8114 Fax (717) 731-8115 KUAN FANG-CHENG, Plaintiff V. TAREK ELTANBDAWY, AMAL EZZAT, RASHA ELNAGGAR, AND WALID KHALIL Defendants IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA NO. 2009-01707 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Preliminary Objections to Plaintiff's Complaint, by depositing same in the United States Mail, first class, postage pre-paid addressed as follows: Mr. George E. Christianson Christianson Meyer 411 Chestnut Street Lebanon, PA 17042 Mr. Tarek Eltanbdawy 117 Prince Street Harrisburg, PA 17109 Ms. Amal Ezzat 7091 Hanover Manor Carlisle, PA 17013 Date: 1/17/0 Mr. Rash Elnaggar 3102 Hoffer Street Harrisburg, PA 17103 Respectfully submitted, ya A Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 LEASE AGREEMENT THIS LEASE made as of this 1-6 day of September, 2047, by and between KUAN FANG CHENG, of Lebanon, Pennsylvania (hereinafter referred to as "Landlord"), and WALED S. KHALIL of Mechanicsburg, Pennsylvania (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, Landlord is the owner of a tract of ground with a building erected thereon, situate in Hampden Township, Cumberland County, Pennsylvania, located at 3421 Simpson Ferry Road, Camp Hill, Pennsylvania, more particularly described on a deed recorded at Deed Book 165, Page 237 in the Cumberland County Recorder of Deeds Office (hereinafter the "Premises"); and WHEREAS; Landlord and Tenant have agreed that Landlord shall grant to Tenant and Tenant shall acquire an option to purchase the Premises as, well. as a right of first refusal to purchase the Premises upon the terms and conditions hereinafter set forth; and WHEREAS, Landlord and Tenant have agreed that Landlord shall lease to Tenant and Tenant shall lease from Landlord the Premises upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the rent reserved to be paid by Tenant to Landlord, the parties hereto, intending to be legally bound, do hereby agree as follows: 1. Premises. The Premises consists of a tract of ground and building thereon located 3421 Simpson Ferry Road, Hampden Township, Camp Hill, Pennsylvania, more particularly described on a deed recorded at Deed Book 165, Page 237 in the Cumberland County Recorder of Deeds Office, having erected thereon a building used for a restaurant. 1 Exhibit "A" r 2. Term. This Lease shall commence on November 15, 2007 and shall continue for five (5) years whereupon Tenant shall have the option to extend and renew this Lease for up to three additional five (5) year terms upon written notification to Landlord no less than six (6) months prior to the end of any of the five (5) year terms. 3. Pow n. Landlord shall give possession of the Premises to Tenant on or before September 15, 2007. 4. Rent. Rent for the first five (5) years of this Lease shall be Five Thousand Five Hundred ($5,500.00) Dollars per month, which sum shall be increased by Five Hundred ($500.00) Dollars per month for each of the successive five (5) year terms undertaken by the Tenant in the exercise of Tenant's option to extend this Lease. Payment of rent for November, 2007, in the amount of Five Thousand Five Hundred ($5,500.00) Dollars shall be due on November 15, 2007, and monthly payments shall thereafter be due on the first day of each succeeding month during the term, without demand therefor by Landlord. Rent shall be payable at the office of Landlord or such other place as Landlord may in writing direct. Tenant shall pay a late fee of five percent (5%) of the unpaid balance of the monthly rent for any month in which the rent payment is more than ten (10) days late. 5. Rig is of Tenant and Subordination. Tenant shall not have the legal tight to mortgage, pledge or otherwise encumber the Premises. This Lease is expressly subordinate to all present and future mortgages or other security instruments granted by Landlord encumbering the buildings or the land upon which they are erected, or fixtures or other appurtenances thereto. Tenant covenants to execute such documents as requested by Landlord to confirm or substantiate such subordination, and upon failure so to do, hereby irrevocably appoints Landlord its agent and attomey-in-fact to execute the same on its behalf. With respect to any mortgages or other security instruments entered into by Landlord after the execution of this lease, Tenant's subordination of this Lease shall be subject to a commercially reasonably non-disturbance agreement from the lender which non-disturbance agreement provides that Tenant's possession 2 of the Premises and this Lease, including any options to extend the terms hereof, will not be rx. disturbed so long as Tenant is not in breach hereof and attorns to the record owner of the Premises. 6. Servr,_ ces,. Landlord shall not be responsible in any way in the event that the supply of heat, air conditioning, water, electricity, plumbing, or any other utilities, is cut off by reason of any cause beyond the control of Landlord, and Tenant does hereby release Landlord from any damage which may result by reason of any such failure of the supply of such items. 7. Maintenance and Repair. Tenant shall provide all repair and maintenance of the Premises during the term of this Lease Agreement, including all interior repairs, alterations, trash removal, janitorial services, snow removal, parking lot repairs, and common area maintenance, with the exception of major structural repairs, which shall be provided by Landlord. Landlord warrants that the roof and HVAC system are in good condition at the time of execution of this Lease Agreement. Roof and HVAC repairs shall thereafter be Tenant's responsibility. 8. Taxes. Tenant agrees to pay all real estate taxes which are chargeable or assessed against the demised Premises as they become due. 9. Uhl_'tiess. The cost of utilities furnished to the demised Premises, including, without limitation, the cost of water, heat, gas, electricity, air conditioning, and sewerage, shall be paid by the Tenant. 10. Other eac_ onses. Any charges or costs or other expenses in connection with the Premises not herein expressly provided shall be the obligation of the Tenant. Landlord shall indemnify and hold harmless Tenant against any claims or liabilities accrued or incurred prior to the delivery of possession of the Premises to Tenant, including but not limited to violations of federal and local laws and regulations regarding the use and occupancy of the Premises prior to delivery of possession to Tenant. 3 • • 11. Alterations and Changes. Tenant shall make no modifications or changes to the appearance of the building, either exterior or interior, without the express written consent of the Landlord, which consent shall not be unreasonably withheld. Attached to this Lease Agreement may be found a list of renovations, alterations and improvements that Tenant plans to make to the Premises upon possession. By signing that list, Landlord indicates his consent to such modifications. 12. Assignment Subletting. Tenant shall not assign or sublet the Premises or any part thereof without the written consent of Landlord, which shall not be unreasonably withheld. Should Tenant enter into any agreement to assign or sublet the Premises with the consent of Landlord, all provisions of this Lease Agreement shall remain effective, and Tenant shall guarantee performance of all duties under this Agreement, including, but not limited to, the payment of Rent and all other expenses described herein. 13. Liabili. Tenant hereby releases Landlord from any future liability for any and all injuries or damages which may be suffered by Tenant, its successors and assigns, in its use of the Premises, as a result of the negligence, business operations, or any other activity of the Tenant, on any portion of the Premises. Tenant covenants and agrees that it will bear, pay and discharge, when and as the same become due and payable, all judgments and lawful claims for damages or otherwise against Landlord arising from Tenant's use or occupancy of said Premises, and will assume the burden and expense of defending all such suits, whether brought before the expiration of this Agreement of Lease, or otherwise, and will protect, indemnify and save harmless the said Landlord, its agents, servants, employees, heirs and personal representatives by reason of or on account of the use or misuse of the said Premises hereby leased, or any part thereof, due to the negligence of Tenant, or of its agents, servants or employees. Tenant agrees, at its sole expense, to keep the premises insured against fire and other perils, including liability, in an amount not less than $1,000,000.00 in premises insurance and 4 0 0 $1,000,000.00 in liability insurance, which shall be payable to Landlord. All insurance required hereunder shall be taken out and maintained in generally recognized responsible insurance companies, qualified under the laws of the Commonwealth of Pennsylvania, shall name Landlord as additional insureds, and said policies or certificates evidencing such insurance coverage shall be fivnished to Landlord. Prior to the expiration of any such policies, Tenant shall furnish to Landlord evidence reasonably satisfactory to Landlord that such policies have been renewed or replaced by similar policies. Landlord shall have the right to demand and receive proof of insurance coverage on a semi-annual basis. Tenant covenants to maintain adequate insurance against damage or destruction of Tenant's personal property on account of the elements, fire, wind, theft and other perils commonly insured against. Landlord shall not be liable for any damage done to or loss of Tenant's personal property or damage or loss suffered by the business or occupation of Tenant or of other persons from bursting, overflowing or leaking of water or sewer pipes or from the heating or plumbing fixtures or from electric wires, or from gas or odors, or caused in any other amount whatsoever. 14. option to Purchase. Landlord hereby grants. to Tenant an Option to purchase the Premises during the first five (5) year term of this Lease Agreement for the sum of $865,000.00 during the first two years of this Lease Agreement, with the option price increasing to $890,000.00 if purchased during the third, fourth or fifth year of this Lease Agreement. During the remaining length of this Lease Agreement, including any extensions, Tenant shall have an Option to purchase the Premises at market value, with market value determined by arbitration if the parties are unable to reach agreement as to market value. This Option to Purchase shall be automatically terminated should Landlord elect to sell the Premises to another party at any time during the entire term of this Lease Agreement, provided that Landlord first complies with the requirements of Tenant's Right of First Refusal. 15. Right of First Refusal. Landlord hereby grants to Tenant during the term of this Lease a Right of First Refusal to purchase the Premises. At such time as Landlord receives an offer to purchase the Premises on terms otherwise acceptable to Landlord, the terms of such offer, together with a copy of any written documentation of such offer, shall be furnished to Tenant in writing, 5 0 0 whereupon Tenant shall have ten (10) days to match said offer. In the event Tenant matches said offer, Landlord shall be obligated to sell the Premises to Tenant on the terms and conditions contained in said offer. This Lease Agreement shall remain in full force and effect in the event of the sale or other transfer of Landlord's interest in the Premises to a third party, with that third party solely responsible for Landlord's duties under this Lease Agreement.. 16. Security Deposit. Upon the execution of this Agreement, Tenant shall pay to Landlord the sum of Eleven Thousand ($11,000.00) Dollars, which is to remain on deposit with Landlord during the Term of this Lease and any extensions as security for the payment of rent and the full and faithful performance by Tenant of the covenants and conditions of this Lease. In the event of any default, the sum shall be retained by Landlord and may be applied toward damages arising from such default. Upon yielding of said premises at the termination of this Lease, and provided no default has occurred, said sum shall be returned to Tenant. No interest shall be payable on the deposit. It is understood that Landlord shall always have the right to apply said deposit, or portion thereof, to the curing of any default that may exist. Should Landlord convey its interest under this Lease, the deposit, or the part or portion thereof not previously applied, shall be turned over to Landlord's grantees or assignees; and Tenant hereby releases Landlord from any liability with respect to the deposit and Tenant agrees to look solely to such grantee or assignee and this provision shall also apply to subsequent grantees or assigns. Tenant agrees that it will not assign, pledge, mortgage or otherwise hypothecate its interest in the security deposit. Should Landlord apply any part of this deposit pursuant to these provisions, then Tenant shall, upon written demand by Landlord, remit to Landlord a sufficient amount in cash to restore said security to the original sum deposited, and Tenant's failure to do so within five (S) days after mailing of such demand shall constitute a breach of this Lease. 17. Default. The following events shall constitute default hereunder: (a) Nonpayment of rent for a period of ten (10) days from its due date; (b) Assignment by Tenant for the benefit of creditors, issuance of execution against Tenant, appointment of a receiver of the assets of Tenant, the filing for, by, or 6 against Tenant of any action under the Federal Bankruptcy Act or comparable Y rf state or local legislation; (c) Violation of any of the terms or conditions of this Lease; or (d) Abandonment of the Premises by Tenant. 18. Landlord's Remedies on Default. Upon default by Tenant hereunder, Landlord shall, without by this exposition limiting its rights in law or in equity, have the following remedies: (a) After notice as hereinafter provided, at its option, Landlord may declare the entire rent reserved for the full term of this Lease remaining unpaid due and payable forthwith and proceed for the collection of the same by distress or otherwise, and Landlord may in such event forfeit and annul the unexpired portion of this Lease and enter upon and repossess the Premises with or without process of law; provided, however, that if Tenant after written notice of such default or of breach shall remedy the same within ten (10) days, it shall be restored to its full rights and privileges of this Lease. (b) If Tenant shall make an assignment for the benefit of creditors or be adjudicated a bankrupt, Landlord may proceed forthwith for the collection of the rent for the full term, and in addition thereto forfeit and/or annul the unexpired portion of this Lease and enter upon and repossess said Premises. (c) Failure by Landlord to exercise its rights hereunder in the event of default shall not act as a waiver of its rights so to exercise in the event of a subsequent default. (d) Any attorney may appear for Tenant in an amicable action of ejectment for said Premises in any court having jurisdiction and may confess judgment therein with costs in favor of Landlord, and those claiming under Landlord and against Tenant, and against those claiming under Tenant and Tenant authorizes the immediate issuing of a writ of possession with clauses for the recovery of a money judgment for costs without asking leave of court. (e) If rent or any charges hereby reserved as rent, or any other sum payable hereunder, shall remain unpaid when the same ought to be paid, Tenant hereby empowers any 7 I - 0 0 prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be brought for rent, liquidated damages or other charges or expenses agreed to be paid by Tenant hereunder and to sign for Tenant an Agreement for entering into any competent court an amicable action or actions for the recovery of rent, liquidated damages or other charges or expenses, and in said suits or in said amicable action or actions to confess judgment against Tenant for all or any part of the rent including, at Landlord's option, the rent for the entire unexpired balance of the term of this Lease, and any other charges, payments, costs and expenses reserved as rent or agreed to be paid by the Tenant as well as liquidated damages, and for attorney's fees, interest and cost together with an attorney's commission of fifteen (15%) percent thereof. Said authority shall not be exhausted by one (1) exercise thereof, but judgment may be confessed as aforesaid from time to time and as often as any of said rent or other charges reserved as rent or liquidated damages shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the original term or during any extension or renewal of this Lease. 19. Attorneys' Fees. In the event that Landlord shall be required to engage legal counsel for the enforcement of any terms of this lease, whether such employment shall require institution of suit or other legal services required to secure compliance on the part of the Tenant, Tenant shall be responsible for and shall promptly pay to Landlord the reasonable cost of said attorney's fees. 20. Quiet Enioymeut. So long as Tenant is not in default hereunder, Landlord covenants to allow Tenant quietly and peaceably to enjoy possession of the Premises free from interference or interruption of Landlord or any other person claiming under or through Landlord. 21. Condemnation. In the event the Premises or a portion thereof are taken or sold pursuant to the exercise of the right of eminent domain by any authority having or claiming to have the same, rent shall be proportionately reduced (in the case of a partial taking) or this lease 8 shall be terminated (in the case of a taking of the whole), as the case may be; but in no event shall Tenant be entitled to or receive any part of the award or price paid to Landlord in connection therewith. Tenant hereby assigns to Landlord all such awards, compensation and agreed settlements and authorizes payment thereof by the Condemnor directly to Landlord. 22. Landlord's Right of Entry. Tenant shall permit Landlord and its agents to enter into and upon said Premises at all reasonable times for the purpose of inspecting the same. Landlord shall also have the right to enter upon the premises at all reasonable times for the purposes of showing the Premises to prospective purchasers. 23. Cancellation. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall, at the option of Landlord, terminate all or any existing subleases or sub tenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenancies. 24. No Waiver. The waiver by Landlord. of any. breach of any term, covenant or condition herein contained shall not be deemed. to be -a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Landlord of any term, covenant or condition of this Lease, other than the failure to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding at the time of acceptance of such rent. 25. Remedies Cumulative. It is understood and agreed that the remedies herein given to Landlord shall be cumulative, and the exercise of any one remedy by Landlord shall not be to the exclusion of any other remedy. Each and all of said remedies shall be exercisable repeatedly and as often as may be necessary. 26. Brokers. Landlord and Tenant mutually represent and warrant that neither has dealt with any broker or finder in respect to the subject matter of this Lease Agreement. Each parry 9 s 1 agrees to indemnify and hold the other party harmless from and against all liabilities, claims, losses, costs, damages, and expenses, including attorney's fees, arising out of or from any claims for brokerage commission resulting from any other agreement by such party with any broker or any other person. 27. Construction. Wherever the context so requires, the feminine gender shall be substituted for the masculine, the masculine for the feminine or the neuter for either; the singular shall be substituted for the plural and vice versa. Paragraph headings are for convenience only and do not constitute a part of this Lease. This Lease is made and executed in the Commonwealth of Pennsylvania and shall be construed and enforced in accordance with the laws thereof. 28. Use of Premises. It is the intention of the Tenant to use the premises for a restaurant. Tenant warrants to Landlord that none of the products or materials used by it on said premises shall be such as defined by State or Federal Statute as being hazardous or toxic. Tenant agrees to comply with all local, state and federal statutes with regard to. the use of any products or materials and for their disposal. Tenant specifically agrees to be fully responsible for the cost of any and all remediation required in the event of any contamination on the site as a result of its activities. Tenant will indemnify and save Landlord, its agents, servants, employees, heirs and personal representatives harmless by reason or on account of the use or storage of said products. 29. Notices. All notices or other communication pursuant hereto to any party shall be deemed given when deposited in the United States mail, postage prepaid, return receipt requested, addressed to the parties at the addresses set out below, or to such other address as the parties may in writing direct: If to Landlord: Kuan Fang Cheng 2125 West Cumberland Street Lebanon, PA 17042 10 0 0 LEASE AGREEMENT THIS LEASE made as of this __* day of 44.3 , 2008, by and between KUAN FANG CHENG, of Lebanon, Pennsylvania (hereinafter referred to as "Landlord"), and RASHA ELNAGGAR of Harrisburg, Pennsylvania, AMAL EZZAT of Carlisle, Pennsylvania, and TAREK ELTANBDAWY of Harrisburg, Pennsylvania (hereinafter collectively referred to as "Tenant"). WITNESSETH: WHEREAS, Landlord is the owner of a tract of ground with a building erected thereon, situate in Hampden Township, Cumberland County, Pennsylvania, located at 3421 Simpson Ferry Road, Camp Hill, Pennsylvania, more particularly described on a deed recorded at Deed Book 165, Page 237 in the Cumberland County Recorder of Deeds Office (hereinafter the "Premises"); and WHEREAS, Landlord and Tenant have agreed that Landlord shall grant to Tenant and Tenant shall acquire an option 'to purchase the Premises as well as a right of first refusal to purchase the Premises upon the terms and conditions hereinafter set forth; and WHEREAS, Landlord and Tenant have agreed that Landlord shall lease to Tenant and Tenant shall lease from Landlord the Premises upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the rent reserved to be paid by Tenant to Landlord, the parties hereto, intending to be legally bound, do hereby agree as follows: 1. Premises. The Premises consists of a tract of ground and building thereon located 3421 Simpson Ferry Road, Hampden Township, Camp Hill, Pennsylvania, more particularly Exhibit "B" described on a deed recorded at Deed Book 165, Page 237 in the Cumberland County Recorder of Deeds Office, having erected thereon a building used for a restaurant. 2. Term. This Lease shall commence on September?!2008 and shall continue for five (5) years whereupon Tenant shall have the option to extend and renew this Lease for up to three additional five (5) year terms upon written notification to Landlord no less than six (6) months prior to the end of any of the five (5) year terms. 3. Possession. Landlord shall give possession of the Premises to Tenant on or before August 1, 2008. This is intended to give Tenant one month for renovation without the need to pay rent. Should the business open before September 1, 2008, Tenant shall pay pro-rata rent for the remain portion of August 2008. 4. Rent. Rent for the first five (5) years of this Lease shall be Five Thousand Five Hundred ($5,500.00) Dollars per month, which sum shall be increased by Five Hundred ($500.00) Dollars per month for each of the successive five (5) year terms undertaken by the Tenant in the exercise of Tenant's option to extend this Lease. Payment of rent for September, 2008, in the amount of Five Thousand Five Hundred ($5,500.00) Dollars shall be due on September 1, 2008, and monthly payments shall thereafter be due on the first day of each succeeding month during the term, without demand therefor by Landlord. Rent shall be payable at the office of Landlord or such other place as Landlord may in writing direct. Tenant shall pay a late fee of five percent (5%) of the unpaid balance of the monthly rent for any month in which the rent payment is more than ten (10) days late. 5. Riahts of Tenant and Subordination. Tenant shall not have the legal right to mortgage, pledge or otherwise encumber the Premises. This Lease is expressly subordinate to all present and future mortgages or other security instruments granted by Landlord encumbering the buildings or the land upon which they are erected, or fixtures or other appurtenances thereto. Tenant covenants to execute such documents as requested by Landlord to confirm or substantiate such subordination, and upon failure so to do, hereby irrevocably appoints Landlord its agent and 2 ??;2 attorney-in-fact to execute the same on its behalf. With respect to any mortgages or other security instruments entered into by Landlord after the execution of this lease, Tenant's subordination of this Lease shall be subject to a commercially reasonably non-disturbance agreement from the lender which non-disturbance agreement provides that Tenant's possession of the Premises and this Lease, including any options to extend the terms hereof, will not be disturbed so long as Tenant is not in breach hereof and attorns to the record owner of the Premises. 6. Services. Landlord shall not be responsible in any way in the event that the supply of heat, air conditioning, water, electricity, plumbing, or any other utilities, is cut off by reason of any cause beyond the control of Landlord, and Tenant does hereby release Landlord from any damage which may result by reason of any such failure of the supply of such items. 7. Maintenance and Repair. Tenant shall provide all repair and maintenance of the Premises during the term of this Lease Agreement, including all interior repairs, alterations, trash removal, janitorial services, snow removal, parking lot repairs, and common area maintenance, with the exception of major structural repairs, which shall be provided by Landlord. Landlord warrants that the roof and HVAC system are in good condition at the time of execution of this Lease Agreement. Roof and HVAC repairs shall thereafter be Tenant's responsibility. 8. Taxes. Tenant agrees to pay all real estate taxes which are chargeable or assessed against the demised Premises as they become due. 9. Utilities. The cost of utilities furnished to the demised Premises, including, without limitation, the cost of water, heat, gas, electricity, air conditioning, and sewerage, shall be paid by the Tenant. 10. Other expenses. Any charges or costs or other expenses in connection with the Premises not herein expressly provided shall be the obligation of the Tenant. Landlord shall indemnify and hold harmless Tenant against any claims or liabilities accrued or incurred prior to X. . 0 0 the delivery of possession of the Premises to Tenant, including but not limited to violations of federal and local laws and regulations regarding the use and occupancy of the Premises prior to delivery of possession to Tenant. 11. Alterations and Changes. Tenant shall make no modifications or changes to the appearance of the building, either exterior or interior, without the express written consent of the Landlord, which consent shall not be unreasonably withheld. Attached to this Lease Agreement may be found a list of renovations, alterations and improvements that Tenant plans to make to the Premises upon possession. By signing that list, Landlord indicates his consent to such modifications. 12. Assignment and Subletting. Tenant shall not assign or sublet the Premises or any part thereof without the written consent of Landlord, which shall not be unreasonably withheld. Should Tenant enter into any agreement to assign or sublet the Premises with the consent of Landlord, all provisions of this Lease Agreement shall remain effective, and Tenant shall guarantee performance of all duties under this Agreement, including, but not limited to, the payment of Rent and all other expenses described herein. 13. Liab' ' . Tenant hereby releases Landlord from any future liability for any and all injuries or damages which may be suffered by Tenant, its successors and assigns, in its use of the Premises, as a result of the negligence, business operations, or any other activity of the Tenant, on any portion of the Premises. Tenant covenants and agrees that it will bear, pay and discharge, when and as the same become due and payable, all judgments and lawful claims for damages or otherwise against Landlord arising from Tenant's use or occupancy of said Premises, and will assume the burden and expense of defending all such suits, whether brought before the expiration of this Agreement of Lease, or otherwise, and will protect, indemnify and save harmless the said Landlord, its agents, servants, employees, heirs and personal representatives by reason of or on account of the use or misuse of the said Premises hereby leased, or any part thereof, due to the negligence of Tenant, or of its agents, servants or employees. Tenant agrees, at its sole expense, to keep the premises insured against fire and other perils, including liability, in an amount not less than $1,000,000.00 in premises insurance and $1,000,000.00 in liability insurance, which shall be payable to Landlord. All insurance required hereunder shall be taken out and maintained in generally recognized responsible insurance companies, qualified under the laws of the Commonwealth of Pennsylvania, shall name Landlord as additional insureds, and said policies or certificates evidencing such insurance coverage shall be furnished to Landlord. Prior to the expiration of any such policies, Tenant shall furnish to Landlord evidence reasonably satisfactory to Landlord that such policies have been renewed or replaced by similar policies. Landlord shall have the right to demand and receive proof of insurance coverage on a semi-annual basis. Tenant covenants to maintain adequate insurance against damage or destruction of Tenant's personal property on account of the elements, fire, wind, theft and other perils commonly insured against. Landlord shall not be liable for any damage done to or loss of Tenant's personal property or damage or loss suffered by the business or occupation of Tenant or of other persons from bursting, overflowing or leaking of water or sewer pipes or from the heating or plumbing fixtures or from electric wires, or from gas or odors, or caused in any other amount whatsoever. 14. Option to Purchase. Landlord hereby grants to Tenant an Option to purchase the Premises during the first five (5) year term of this Lease Agreement for the sum of $865,000.00 during the fast two years of this Lease Agreement, with the option price increasing to $890,000.00 if purchased during the third, fourth or fifth year of this Lease Agreement. During the remaining length of this Lease Agreement, including any extensions, Tenant shall have an Option to purchase the Premises at market value, with market value determined by arbitration if the parties are unable to reach agreement as to market value. This Option to Purchase shall be automatically terminated should Landlord elect to sell the Premises to another party at any time during the entire term of this Lease Agreement, provided that Landlord first complies with the requirements of Tenant's Right of First Refusal. 5 #. 1 0 0 15. Right of First Refusal. Landlord hereby grants to Tenant during the term of this Lease a Right of First Refusal to purchase the Premises. At such time as Landlord receives an offer to purchase the Premises on terms otherwise acceptable to Landlord, the terms of such offer, together with a copy of any written documentation of such offer, shall be furnished to Tenant in writing, whereupon Tenant shall have ten (10) days to match said offer. In the event Tenant matches said offer, Landlord shall be obligated to sell the Premises to Tenant on the terms and conditions contained in said offer. This Lease Agreement shall remain in full force and effect in the event of the sale or other transfer of Landlord's interest in the Premises to a third parry, with that third party solely responsible for Landlord's duties under this Lease Agreement.. 16. Security Deposit. Upon the execution of this Agreement, Tenant shall pay to Landlord the sum of Eleven Thousand ($11,000.00) Dollars, which is to remain on deposit with Landlord during the Term of this Lease and any extensions as security for the payment of rent and the full and faithful performance by Tenant of the covenants and conditions of this Lease. In the event of any default, the sum shall be retained by Landlord and may be applied toward damages arising from such default. Upon yielding of said premises at the termination of this Lease, and provided no default has occurred, said sum shall be returned to Tenant. No interest shall be payable on the deposit. It is understood that Landlord shall always have the right to apply said deposit, or portion thereof, to the curing of any default that may exist. Should Landlord convey its interest under this Lease, the deposit, or the part or portion thereof not previously applied, shall be turned over to Landlord's grantees or assignees; and Tenant hereby releases Landlord from any liability with respect to the deposit and Tenant agrees to look solely to such grantee or assignee and this provision shall also apply to subsequent grantees or assigns. Tenant agrees that it will not assign, pledge, mortgage or otherwise hypothecate its interest in the security deposit. Should Landlord apply any part of this deposit pursuant to these provisions, then Tenant shall, upon written demand by Landlord, remit to Landlord a sufficient amount in cash to restore said security to the original sum deposited, and Tenant's failure to do so within five (5) days after mailing of such demand shall constitute a breach of this Lease. ,a? 6 17. Default. The following events shall constitute default hereunder: (a) Nonpayment of rent for a period of ten (10) days from its due date; (b) Assignment by Tenant for the benefit of creditors, issuance of execution against Tenant, appointment of a receiver of the assets of Tenant, the filing for, by, or against Tenant of any action under the Federal Bankruptcy Act or comparable state or local legislation; (c) Violation of any of the terms or conditions of this Lease; or (d) Abandonment of the Premises by Tenant. 18. Landlord's Remedies on Default. Upon default by Tenant hereunder, Landlord shall, without by this exposition limiting its rights in law or in equity, have the following remedies: (a) After notice as hereinafter provided, at its option, Landlord may declare the entire rent reserved for the full term of this Lease remaining unpaid due and payable forthwith and proceed for the collection of the same by distress or otherwise, and ^ Landlord may in such event forfeit and annul the unexpired portion of this Lease and enter upon and repossess the Premises with or without process of law; provided, however, that if Tenant after written notice of such default or of breach shall remedy the same within ten (10) days, it shall be restored to its full rights and privileges of this Lease. (b) If Tenant shall make an assignment for the benefit of creditors or be adjudicated a bankrupt, Landlord may proceed forthwith for the collection of the rent for the full term, and in addition thereto forfeit and/or annul the unexpired portion of this Lease and enter upon and repossess said Premises. (c) Failure by Landlord to exercise its rights hereunder in the event of default shall not act as a waiver of its rights so to exercise in the event of a subsequent default. (d) Any attorney may appear for Tenant in an amicable action of ejectment for said Premises in any court having jurisdiction and may confess judgment therein with costs in favor of Landlord, and those claiming under Landlord and against Tenant, and against those claiming under Tenant and Tenant authorizes the immediate issuing of a writ of possession with clauses for the recovery of a money judgment for costs without asking leave of court. (e) If rent or any charges hereby reserved as rent, or any other sum payable hereunder, shall remain unpaid when the same ought to be paid, Tenant hereby empowers any prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be brought for rent, liquidated damages or other charges or expenses agreed to be paid by Tenant hereunder and to sign for Tenant an Agreement for entering into any competent court an amicable action or actions for the recovery of rent, liquidated damages or other charges or expenses, and in said suits or in said amicable action or actions to confess judgment against Tenant for all or any part of the rent including, at Landlord's option, the rent for the entire unexpired balance of the term of this Lease, and any other charges, payments, costs and expenses reserved as rent or agreed to be paid by the Tenant as well as liquidated damages, and for attorney's fees, interest and cost together with an attorney's commission of fifteen (15%) percent thereof. Said authority shall not be exhausted by one (1) exercise thereof, but judgment may be confessed as aforesaid from time to time and as often as any of said rent or other charges reserved as rent or liquidated damages shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the original term or during any extension or renewal of this Lease. 19. Attorneys' Fees. In the event that Landlord shall be required to engage legal counsel for the enforcement of any terms of this lease, whether such employment shall require institution of suit or other legal services required to secure compliance on the part of the Tenant, Tenant shall be responsible for and shall promptly pay to Landlord the reasonable cost of said attorney's fees. 20. Quiet Enioyment. So long as Tenant is not in default hereunder, Landlord covenants to allow Tenant quietly and peaceably to enjoy possession of the Premises free from interference or interruption of Landlord or any other person claiming under or through Landlord. 21. Condemnation. In the event the Premises or a portion thereof are taken or sold pursuant to the'exercise of the right of eminent domain by any authority having or claiming to have the same, rent shall be proportionately reduced (in the case of a partial taking) or this lease shall be terminated (in the case of a taking of the whole), as the case may be; but in no event shall Tenant be entitled to or receive any part of the award or price paid to Landlord in connection therewith. Tenant hereby assigns to Landlord all such awards, compensation and agreed settlements and authorizes payment thereof by the Condemnor directly to Landlord. 22. Landlord's Right of Entry. Tenant shall permit Landlord and its agents to enter into and upon said Premises at all reasonable times for the purpose of inspecting the same. Landlord shall also have the right to enter upon the premises at all reasonable times for the purposes of showing the Premises to prospective purchasers. 23. Cancellation. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall, at the option of Landlord, terminate all or any existing subleases or sub tenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenancies. 24. No Waiver. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Landlord of any term, covenant or condition of this Lease, other than the failure to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding at the time of acceptance of such rent. 25. Remedies Cumulative. It is understood and agreed that the remedies herein given to Landlord shall be cumulative, and the exercise of any one remedy by Landlord shall not be to the 9 1? 2 exclusion of any other remedy. Each and all of said remedies shall be exercisable repeatedly and as often as may be necessary. 26. Brokers. Landlord and Tenant mutually represent and warrant that neither has dealt with any broker or finder in respect to the subject matter of this Lease Agreement. Each party agrees to indemnify and hold the other party harmless from and against all liabilities, claims, losses, costs, damages, and expenses, including attorney's fees, arising out of or from any claims for brokerage commission resulting from any other agreement by such party with any broker or any other person. 27. Construction. Wherever the context so requires, the feminine gender shall be substituted for the masculine, the masculine for the feminine or the neuter for either; the singular shall be substituted for the plural and vice versa. Paragraph headings are for convenience only and do not constitute a part of this Lease. This Lease is made and executed in the Commonwealth of Pennsylvania and shall be construed and enforced in accordance with the laws thereof. 28. Use of Premises. It is the intention of the Tenant to use the premises for a restaurant. _ Tenant warrants to Landlord that none of the products or materials used by it on said premises shall be such as defined by State or Federal Statute as being hazardous or toxic. Tenant agrees to comply with all local, state and federal statutes with regard to the use of any products or materials and for their disposal. Tenant specifically agrees to be fully responsible for the cost of any and all remediation required in the event of any contamination on the site as a result of its activities. Tenant will indemnify and save Landlord, its agents, servants, employees, heirs and personal representatives harmless by reason or on account of the use or storage of said products. 29. Notices. All notices or other communication pursuant hereto to any party shall be deemed given when deposited in the United States mail, postage prepaid, return receipt requested, addressed to the parties at the addresses set out below, or to such other address as the parties may in writing direct: 10 If to Landlord: Kuan Fang Cheng 2125 West Cumberland Street Lebanon, PA 17042 Copy to Landlord's John J. Ferry, Jr., Esquire Attorney: Law Offices of John J. Ferry, Jr. 931 Cumberland Street Lebanon, PA 17042 If to Tenant: Rasha Elnaggar 3102 Hoffer Street Harrisburg, PA 17103 The parties agree that notices need not be sent to co-tenants whose addresses are not listed in this paragraph. Notice upon the co-tenant named in this paragraph shall be considered equivalent to notice upon all co-tenants. 30. Entire Agreement. This Lease contains the entire understanding between the parties hereto and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understanding, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. 31. Successors and Assigns. Except as herein otherwise specified, this Lease shall legally benefit and bind the parties hereto, their respective heirs, beneficiaries, executors, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day and year first written above. 9? LANDLORD: Kuan ?ng Cheng 11 L TENANT: h,VKL Rasha lnaggar lqaAa ZZA-T- n? Aural Ezzat Tarek Eltanbdawy' PERSONAL GUARANTY Intending to be legally bound, and in consideration of this Lease Agreement, the undersigned hereby becomes surety to Landlord for the performance of the Agreement by Tenant and guarantees payment of all sums becoming owing to Landlord by Tenant. The liability of the undersigned is absolute, continuing, and unconditional, and Landlord shall not be required to proceed against Tenant or invoke any other remedy before proceeding against the undersigned. Landlord expressly agrees to notify the guarantor in the event of breach or default. WITNESS: GUARANTORS: Walid S. Khalil 12 A&k L COURT ADMINISTRATION TErhaxtim Caning DAVID P. WINGERT, ESQUIRE MUNICIPAL BUILDING District Court Administrator 400 S. 8th STREET 52nd Judicial District LEBANON, PENNSYLVANIA 17042-6794 TELEPHONE. 717-274-2801 TO: ATT3C:. TA3MR FROM: Linda Kerkeslager RE: #2009-01707 August 20, 2009 DATE: LfNDAA, KERKESLAGER Deputy Court Administrator DONNA J. POSEY Deputy Court Administrator GINGER S. HOGG Deputy Court Administrator The attached Motion/Petition is being returned to the Prothonotary/Clerk of Court's Office for the following reason: Does not comply with Local Rules Does not comply with State Rules Needs Praecipe for Disposition Needs Praecipe for Hearing Needs Motion for Hearing . Exhibits missing Requires a Proof of Service of Rule to Show Cause Requires concurrence of opposing counsel Requires estimated length of hearing Requires signature Not timely filed OTHER: $-ao -oq- 3A,)9.? n?ccn?9 • Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone: (717) 731-8114 Fax (717) 731-8115 • ENTER,-n 1! F 7) 21009 i N Scp?N?? ?MAG f KUAN FANG-CHENG, § IN THE COURT OF COMMON PLEAS OF Plaintiff § LEBANON COUNTY, PENNSYLVANIA § NO. 2009-01707 V. § § CIVIL ACTION - LAW TAREK ELTANBDAWY, § AMAL EZZAT, § RASHA ELNAGGAR, AND § WALID KHALIL § Defendants § BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendant, Walid Khalil, by and through his attorney, Tanner Law Offices, LLC, and hereby files this Brief in Support of Preliminary Objections to Plaintiff's Complaint: 1. PROCEDURAL HISTORY Plaintiff, Kuan Fang-Cheng, through his counsel, George E. Christianson, of Christianson Meyer in Lebanon, Pennsylvania, filed a landlord/tenant Complaint with the Court of Common Pleas of Lebanon County, Pennsylvania on July 21, 2009. Defendant Walid Khalil was named as a party to this Complaint and was served with a copy of this Complaint on or about July 28, 2009. i • II. STATEMENT OF THE FACTS Plaintiff and Defendant, Walid Khalil entered into a lease agreement for the real property located at 3421 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania on September 15, 2007 (Exhibit "A"). Said lease was to be for a term of five (5) years. After approximately one (1) year of leasing the real property, Defendant Khalil no longer wished to lease the property from Plaintiff. On or about August 4, 2008, Plaintiff located three (3) new tenants who wished to lease the property from Plaintiff, namely, Rasha Elnaggar, Amal Ezzat and Tarek E1Tanbdawy. As Defendant Khalil wished to terminate the lease with Plaintiff and the three additional Defendants wished to lease the property from Plaintiff, Plaintiff agreed to terminate the lease with Defendant Walid Khalil as of August 4, 2008. On August 4, 2008, Plaintiff executed new lease with his new tenants (Exhibit `B"). Plaintiff asked Defendant Walid Khalil to personally guarantee payment of the three new tenants. Defendant Walid Khalil refused this request and did not execute the "Personal Guarantee" listed at the bottom of the August 4, 2008 lease agreement. Despite Mr. Khalil's refusal to execute this personal guarantee, Plaintiff executed the lease with the three new tenants. Plaintiff now wishes to proceed against Mr. Khalil as if he had actually signed and agreed to the personal guarantee. • III.STATEMENT OF THE ISSUES A. Does the Court of Common Pleas of Lebanon County, Pennsylvania have subject matter jurisdiction over this matter? Suggested Answer: No. B. Is the Court of Common Pleas of Lebanon County, Pennsylvania the proper venue in which to file this matter? Suggested Answer: No. C. Has the Plaintiff, Kuan Fang-Cheng plead a proper cause of action against Defendant, Walid Khalil? Suggested Answer: No. IV.ARGUMENT A. Does the Court of Common Pleas of Lebanon County, Pennsylvania have subject matter jurisdiction over this matter? B. Is the Court of Common Pleas of Lebanon County, Pennsylvania the proper venue in which to file this matter? Pennsylvania Rules of Civil Procedure No. 1006(a) states in pertinent part: "an action against an individual may be brought in and only in a county in which (1) the individual may be served or in which the cause of action arose or where a transaction occurrence took place out of which the cause of action arose." Pennsylvania Rules of Civil Procedure No. 402 states that original process may be served "(1) by handing a copy to the Defendant; or (2) by handing a copy (i) at the residence of the defendant ...; or (iii) at any office or usual place of business of the defendant to his agent or to the person for the time • 0 being in charge thereof." Defendant Tarek Eltanbdawy resides at 117 Prince Street, Harrisburg, Dauphin County, Pennsylvania. Defendant Amal Ezzat resides at 7091 Hanover Manor, Carlisle, Cumberland County, Pennsylvania. Defendant Rasha Elnagger resides at 3102 Hoffer Street, Harrisburg, Dauphin County, Pennsylvania. Defendant Walid Khalil resides at 15 Grinnel Drive, Camp Hill, Cumberland County, Pennsylvania. None of the Defendants, therefore reside in Lebanon County, Pennsylvania. Therefore service pursuant to Pa.R.C.P. 402 at any one of the Defendant's residences would be limited to either Dauphin or Cumberland County. Defendants Eltanbdawy, Azzat and Elnagar entered into a lease with the Plaintiff for a restaurant located at 3421 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania. Because the three defendants are employed by the restaurant which is located in the premises leased from Plaintiff, the office or usual place of business of the defendants would be located in Camp Hill, Cumberland County, Pennsylvania. Defendant Walid Khalil also works in Cumberland County, Pennsylvania. Because none of the Defendants live or work in Lebanon County, Pennsylvania, and the leased premises is located in Cumberland County, Pennsylvania, none ofthe parties could have been served in Lebanon County. Because the cause of action arose with regard to the leased premises in Cumberland County, Pennsylvania and the lease arose in Cumberland County, Pennsylvania, there is absolutely no legal basis for bringing this cause of action in Lebanon County, Pennsylvania. Lebanon County, Pennsylvania is an improper venue in 0 0 which to bring this action. The Court of Common Pleas of Lebanon County, Pennsylvania does not have subject matter jurisdiction over this matter. The case should therefore be dismissed for lack of subject matter jurisdiction and improper venue. C. Has the Plaintiff, Kuan Fang-Cheng plead a proper cause of action against Defendant, Walid Khalil? In paragraph 23 of Plaintiff's Complaint, Plaintiff states "In order to induce Plaintiff to terminate said lease agreement, Defendant Khalil guaranteed the performance of the other three Defendants for twenty-four (24) months." Paragraph 24 of Plaintiffs Complaints states "Despite due notice, Defendant failed to pay the amounts due, as well as the breach of the other Defendants that he is liable for rent from February 2009 through September 13, 20103, or a total of $104,500.00." Plaintiff's sole rationale for including Mr. Khalil as a Defendant in this action is an unsigned Personal Guaranty which Mr. Khalil refused to sign. There is not even a mention in this proposed Guaranty about a twenty-four (24) month period. Despite Mr. Khalil's refusal to sign this "Personal Guaranty" language, the Plaintiff proceeded in executing the lease agreement with Mr. Eltanbdawy, Ms. Ezzat and Mr. Elnaggar. Mr. Khalil refused to sign the Personal Guaranty, did not in fact personally guarantee payment by the new tenants and is therefore under no obligation to satisfy the obligations of these tenants. The Plaintiff, therefore, has failed to plead a proper cause of action against Mr. Khalil. V.CONCLUSION The Complaint should be dismissed for lack of subject matter jurisdiction and improper venue. In the alternative, the case should be transferred to the Court of Common Pleas of Cumberland County, Pennsylvania. There is no basis for a proper cause of action against Mr. Walid Khalil. The Complaint against Mr. Khalil should be dismissed with prejudice. Respectfully submitted, 24, Y46 Tabetha A. Tanner, Esquire Attorney for Defendant Walid Khalil Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone: (717) 731-8114 Fax (717) 731-8115 KUAN FANG-CHENG, § IN THE COURT OF COMMON PLEAS OF Plaintiff § LEBANON COUNTY, PENNSYLVANIA § NO. 2009-01707 V. § § CIVIL ACTION - LAW TAREK ELTANBDAWY, § AMAL EZZAT, § RASHA ELNAGGAR, AND § WALID KHALIL § Defendants § CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Preliminary Objections to Plaintiff's Complaint, by depositing same in the United States Mail, first class, postage pre-paid addressed as follows: Mr. George E. Christianson Christianson Meyer 411 Chestnut Street Lebanon, PA 17042 Ms. Amal Ezzat 7091 Hanover Manor Carlisle, PA 17013 Date: 9- - J/ 6 Mr. Tarek Eltanbdawy 117 Prince Street Harrisburg, PA 17109 Mr. Rash Elnaggar 3102 Hoffer Street Harrisburg, PA 17103 Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 • • SCARRED -WAGE Amal Essat 71^q„v-?? 8 Richland Lane, Apt. 8A 204 ?'? ' - Camp Hill, PA 17011 PRO SE i. , KUAN FANG-CHENG, § COURT OF COMMON PLEAS OF Plaintiff § LEBANON COUNTY, PENNSYLVANIA V. § No.: 2009 -01707 § CIVIL ACTION - LAW TAREK ELTANBDAWY, AMAL ESSAT, § RASHA ELNAGGAR and WALID § KHALIL, § Defendants § DEFENDANT'S AMAL ESSAT ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendant, Amal Essat, pro se, and responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Defendant, Amal Essat, had entered into an agreement and LL sold her share of the business to Tarek Eltanbdawy on September 23, 2008 and therefore, Defendant, Amal Essat has not failed to pay any rent due for February 2009 (see copy of Sales Agreement labeled as Exhibit A). 9. Admitted in part, denied in part. It is admitted that there would be a 5% late fee, it is specifically denied that Defendant, Amal Essat, is responsible for any late fees owing. 10. Admitted in part, denied in part. It is admitted that Defendants were to pay the real estate taxes, it is denied that Defendant, Amal Essat, is responsible for any real estate taxes owing. 11. Admitted in part, denied in part. It is admitted that Defendants were to pay the Spring Tax, it is denied that Defendant, Amal Essat, is responsible for any Spring taxes owing. 12. Admitted in part, denied in part. It is admitted that the Defendants were to pay the utilities, it is denied that Defendant, Amal Essat, is responsible for any outstanding utility bills. 13. Admitted in part, denied in part. It is admitted that Defendants were to pay the sewer bill, it is denied that Defendant, Amal Essat, is responsible for any sewer bills owing. 14. Admitted. 15. Admitted. 16. Admitted. 17. No response is required. 18. No response is required. 19. Denied. It is denied that Defendant, Amal Essat, failed to make the payment of rent due February 2009, any real estate taxes, water, and sewer bills owing. 20. Denied. WHEREFORE, Defendant, Amal Essat, hereby respectfully requests that this Honorable Court dismiss Plaintiff's Complaint against the Defendant, Amal Essat, with prejudice and remove her name from the caption. COUNT II - PLAINTIFF v. DEFENDANT WALID KHALIL 21. Paragraphs 21 through 28, no response is required. Respectfully submitted, Amal Essat 8 Richland Lane, Apt. 8A 204 Camp Hill, PA 17011 Pro se ' 1 • VERIFICATION • I verify that the statements made above in my Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject me to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ??wc19? FzZr4?-- Amal Essat • SALES AGREEMENT THIS AGREEMENT: Made this day of September 23, 2008 BETWEEN: 0 HAMPDEN DINER RESTAURANT located at 3421 Simpson Ferry Road, Camp hill, PA 17011 Phone: 717-737-1283 TAREK ELTANBDAWY Acting as Vice President reside at 117 Prince Street, Harrisburg, PA 17109 phone (717)805-1468 AND AMAL EZZAT Reside at 701 Hanover Street, Apt. # A201, Carlisle, PA 17013 phone (717)249-7347 Both Partners are the owners of Hampden Diner for which they share an interest in the restaurant represent 35% and 30% for each Partner. Both Partners agree to the following: 1) Mrs. AMAL EZZAT Agree to sell her share of 30% and interest in the said restaurant for a total sum of S 5,000.00 say FIVE THOUSAND US DOLLARS as a total settlement for the business and will be paid as follows: 1) PAYMENT: of $ 3000.00 will be paid as a down payment and the remaining balance will be paid with an equal payment of $500.00 at the beginning of each month starting the 1" of November 2008 ending on February 2008 At that time the sales agreement will be satisfied and paid in full. Mr. Tarek Eltanbdawy will be the owner of Hamden Diner with his Partner Mrs. Rasha Elnaggar Both Partners will be responsible for all expenses such as Rent, Electricity, gas, bills due to venders, payroll, taxes and other expenses related to business beginning September 1" 2008. Mrs. Amal Ezzat has no claim or interest whatsoever in the restaurant after September 23, 2008. For the protection and safety of Hampden Diner Mrs. Amal Ezzat is forbidden from entering and dine in the restaurant. The name of Mrs. Amal Ezzat will be removed completely from the rent or lease agreement and she will never be hold responsible to paying rent or part of it beginning of the 1"t of.September 2008 ENTIRE AGREEMENT This agreement contains the entire agreement and understanding between partners And subject to no understanding, conditions or representations that are not set forth herein. This agreement Is a final agreement and cannot be amended. PARTNERS BOUND. Agreement shall be binding upon and shall insure to the benefits•of partners. GOVERNING LAW This agreement shall govern by and enforced in accordance with the laws of the State of Pennsylvania. INII)IMdB i 0 THIS IS A BINDING LEGAL CONTRACT. IF ANY PROVISIONS ARE NOT UNDERSTOOD CONSULT ANY ATTORNEY BEFORE YOU SIGNING. WITNESS WHEREOF. The partnership has hereunto set their hands and seal, the day, and year above written. Page 1 Partner: Tarek Eltanbdawy z Day of2008 Executed the presence of: Witness Mamdoh Elbayoumy Phone: (717)343-4681 Partner: Amal Ezzat AmA'LELZr-9' Witness Walid Khalil phone: (717) 3-8506. ?-?..9 vc,:,- ass?P d? o{ ?. aoofr LIV. JMM?NC? rt O =NNSkVANO NOTARIAL SEAL KAREN JO CHASE, Notary Public owet Allen Twp., Cumbarlen l Couttty ny Commission Expires Feb. 17, 2010, INI'1)IVVB • Complaint Report ar FwJ:F Commonwealth of Pennsylvania Hampden Twp. orr CWWWMIOWMW Locked R f HAM20080900586 - No 7No rPHARA NOW PHARASSMNT ACTIVE Sh" P" Rewind me Reeehvd Cleared 1 CAD 1 091201200809:02:00 Day Saturda Officer Assi ned CWOMN@tLffe Dispatched to Hampden Diner on Simpson Ferry Rd. for possible domestic, unknown actors or threat conditions. Upon arrival, I met with Ofc. Spangler, who was on the scene and speaking w/ the complainant, Mrs. mal Azzat, who is co-partner w/ Mr. Tarek Eltanbdowy for the Hampden Diner. I spoke w/ Azzat, who claimed that she conducts the majority of the daily operations of the Hampden Diner and does not get paid, in which Tarek is in charge of finances. The third co-owner was unavailable to speak to because he is in Egypt. Azzat said that Eltanbdowy invited two of his daughters to help out w/ hosting, serving, etc. last week. Azzat said she didn't need his daughters and told them not to come back. Today, the daughters returned by request of Eltanbodowy. An argument ensued between Azzat and the daughters, Sauad and Chahrazed. Azzat claims that Eltanbdowy grabbed her by the shirt and Eltanbdowy claimed that Azzat was yelling profanities. Azzat attempted to call p.d. when she claims Eltanbdowy grabbed the phone from her; Eltanbdowy claimed he never grabbed Azzat and that Azzat took the phone from Sauad when she attempted to call p.d. Azzat was encouraged to arrange to speak w/ attorney about her partner dilemmas, which appeared to be civil in nature. Azzat left the property and went to her friends house as she claimed if she stayed another argument would ensue between her and Eltanbdowy's daughters. arek Eltanbdowy 6118/1970 117 Prince St. Harrisburg, PA 17109 805-1468 mal Azzat 11/2911971 701 Hanover Manor Carlisle, PA 701-3330 Sauad Chadli 6117/1991 640-8165 Chahrazed Chadli 7/1911989 39-6784 Both dau hters have same address as Tarek 9/26/2008 3:19:43 PM Page 1 of 4 0 0 rt Vast Block Redirection St"W me RD HM CU treat Type - Postgrection Box fees- treat me ross-SFW Type s ey Nerve %9;;Y H Hip Rural Route county JUdKkdon Number Landon Township MSOISIKW District ity/rown P State Zone Number 997 Zip CWO Am d 19999 esidence Type Unit Type rtment Unit Nurnber Uttitude Location Type ntry Location Description Salutation IZMAL Name Mrs. le Name Name T Derv of EOM 11/29/1971 ace hate Female Address 701 HANOVER MANOR rbrie, t ity CARLISLE tam PA p Coft r,7013 Phone Number 1 Am Code 717 1 Nufter 701-3330 Type rcel, Phone Number 2 Arm Code Wanber are Type NoWy rant Call Taker ID DLRHIN Dh"Ww 10 BTLAWR 1 cNET plaint l: 846650 :!!!!; In" Name Mr. TAREK Middle Name Last Name ELTANBDOWY suft Da" Of " 06/18/1970 n sex hits Male Mdress 117 PRINCE ST. Apartment I CKY HARRISBURG I fete PA p e 17109 Phone Number 1 Arse Cods 717 1 Number 805-1468 P Type Cell Phone Number 2 Code flunber Ext Phone Type I CAS Invotmd 942612008 3:19:43 PM Page 2 of 4 0 0 rh:;, Bradley -17 - Hampden Twp. 11917 -7 Off[cw Norm IROW emme Spangler, Stephen -12 - Hampden Twp. 11912 9!26!2008 3:19:43 PM Page 3 of 4 0 W r Resource f heetz, Bradley -17 - Hampden Twp. 1917 Ofl[cw Name IROW esounm a Spangler, Stephen -12 - Hampden Twp. 11912 Location ad SOW Number So" Block redirection Nome Street Type Posk*ecdw 3421 SFERRY RD PO am rossprwrection rose trees me GrowstreetType Name Highway Number ip /-post urel Route County Jurisdiction Number Cumberland CU ip Magisterial District own Political Subdivision HM :Stile Zone Number Zip Code Area dd Residence Type Unit Type PA Unit Number La titude oNitude Location Type nay United States of America USA Location Description Enroute 09120/200809:07:13 Cleswed 09/20/2008 09:09:01 091201200809:62:06 9/28!2008 3:19:43 PM Page 3 of 4 r-l L .J sou OMW Nam Role r;.2 ; Julseth, Jason - 22 - Hampden Twp. 2 09/2012008 09:02:17 OperID: DLRHINCT>NEED PD "RESTAURANT DRAMA" 0912012008 09:05:10 OperID: DLRHINCO>VERBAL ARGUMENT IN BACKGROUND 09/2012008 09:05:14 OperID: DLRHINCO>HUNG UP TWICE 0912012008 09:05:17 OperID: DLRHINCO>FEMALE CALLER 09/2012008 09:07:13 OperID: BTLAWRDP>Res:1912 Disp 0912012008 09:08:55 OperID: BTLAWRLI>FR:3421 SIMPSON FERRY RD,LA CU 0912012008 09:08:55 OperID: BTLAWRU>TO:3421 SIMPSON FERRY RD,LA CU 09120/2008 09:09:01 OperID: BTLAWRAR>Res: 1912 0912012008 09:09:43 OperlD: BTLAWRAR>Res:1917 0912012008 09:09:43 OperID: BTLAWRDP>Res:1917 Disp 0912012008 09:09:52 OperID: BTLAWRAR>Res: 1922 0912012008 09:09:52 OperID: BTLAWRDP>Res:1922 Disp 0912012008 09:10:02 OperID: DLRHINIR>INCIDENT ROUTED AFTER HOTCALL 0912012008 09:10:10 OperID: BTLAWRLI>TO:3421 SIMPSON FERRY RD,HM CU 09/2012008 09:10:10 OperID: BTLAWRLI>FR:3421 SIMPSON FERRY RD,LA CU 09/20/2008 09:11:21 OperlD: BTLAWRTR>1922 Inc#: L119 CFS:119D02 Timer: 0 09/20/2008 09:11:21 OperlD: BTLAWRTR>1917 Inc#: L119 CFS: 119D02 Timer: 0 09/20/2008 09:11:21 OperlD: BTLAWRTR>1912 Inc#: L119 CFS:119D02 Timer: 0 0912012008 09:11:21 OperID: BTLAWRDR>No Check checkbox has been selected. 09120/2008 09:45:18 OperID: BTLAWRCL>Finish/Clear Resource Number: 1917 0912012008 09:52:04 OperID: BTLAWRCL>Finish/Clear Resource Number: 1912 0912012008 09:52:05 OperID: BTLAWRCL>Finish/Clear Resource Number: 1922 9/26/2008 3:19:43 PM Page 4 of 4 Amal Essat 8 Richland Lane, Apt. 8A 204 Camp Hill, PA 17011 Fil TF? KUAN FANG-CHENG, § COURT OF COMMON PLEAS OF Plaintiff F,.; .. § .::LEBANON COUNTY, PENNSYLVANIA v. § No.: 2009 - 01 707 § CIVIL ACTION - LAW TAREK ELTANBDAWY, AMAL ESSAT, § RASHA ELNAGGAR and WALID § KHALIL, § Defendants § CERTIFICATE OF SERVICE hereby certified that I served a true and correct copy of Defendant's, Amal Essat, Answer to Plaintiff's Complaint via first-class U.S. mail upon the following persons, addressed as follows: Tarek Eltanbdawy 117 Prince St. Harrisburg, PA 17109 Rasha.Elnaggar 3102 Hoffer St. Harrisburg, PA 17103 Walid Khalil 4729 Gettysburg Rd. Mechanicsburg, PA George E. Christianson, Esquire 411 Chestnut St. Lebanon, PA 17042 Date Amal Essat n ENTERED & PLED SCANNED IMAGE 7Qo9 AUG 12 P 3* 3l Rasha Elnoggar 3102 Hoffer St. PROTHONOTARY Ot?FFICE Harrisburg, PA 17103 LEBA,N0N1, '?A LL-1,11? P S KUAN FANG-CHENG. § COURT OF COMMON PLEAS OF Plaintiff § LEBANON COUNTY, PENNSYLVANIA V. § No.: 2009 - 01707 § CIVIL ACTION - LAW TAREK ELTANBDAWY, AMAL ESSAT, § RASHA ELNAGGAR and WALID § KHALIL, § Defendants § nFF ANrS RASHA ELNAGGAR ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendant, Rasha Einaggor, pro se, and responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Defendant, Rasha Elnaggar, had entered into an agreement 112 and sold her share of the business to Torek Eltanbdowy on November 1. 2008 and therefore, Defendant, Rasha Elnaggar has not failed to pay any rent due for February 2009 (see copy of Sales Agreement labeled as Exhibit A). 9. Admitted in part, denied in part. It is admitted that there would be a 5% late fee, it is specifically denied that Defendant. Rasha Elnaggar, is responsible for any late fees owing. 10. Admitted in part, denied in part. it is admitted that Defendants were to pay the real estate taxes, it is denied that Defendant, Rasha Elnaggar, is responsible for any real estate taxes owing. 11. Admitted in part, denied in part. It is admitted that Defendants were to pay the Spring Tax, it is denied that Defendant, Rasha Elnaggar, is responsible for any Spring taxes owing. 12. Admitted in part, denied in part. It is admitted that the Defendants were to pay the utilities, it is denied that Defendant, Rasha Einaggar, is responsible for any outstanding utility bills. 13. Admitted in port, denied in part. It is admitted that Defendants were to pay the sewer bill, it is denied that Defendant, Rasha Einaggar, is responsible for any sewer bills owing. 14. Admitted. Byway of further response, Defendant, Rasha Einaggar, sent Plaintiff a letter informing Plaintiff that she is no longer a partner in the business and sold her interest to Defendant, Tarek Eltanbdawy (See Exhibit 8). 15. Admitted. 16. Admitted. 17. No response is required. 18. No response is required. 19. Denied. It is denied that Defendant, Rasha Elnaggar, failed to make the payment of rent due February 2009, any real estate taxes, water, and sewer bills owing. 20. Denied. WHEREFORE, Defendant, Rasha Elnaggar, hereby respectfully requests that this Honorable Court dismiss Plaintiff 's Complaint against the Defendant, Rasha Elnaggar, with prejudice and remove her name from the caption. QOUNj1 PLA NfIFF M. QUENDANT WALID KHAUL 21. Paragraphs 21 through 28, no response is required. Respectfully submitted, Rasha Elnaggar 3102 Hoffer St. Harrisburg, PA 17103 Pro se VERIFICATION 0 I verify that the statements made above in my Answer are true and correct=to the best of my knowledge, information and belief. I understand that false statements made herein may subject me to the penalties of 18 Po.C.S. Section 4904 relating to unsworn falsification to authorities. Rasho Elnoggor SALES AGREEMENT TI-11S AGREEMENT: Made this day of November 1st, 2008 BETWEEN: HAMPDEN DINER RESTAURANT located at 3421 Simpson Ferry Road, Camp hill, PA 17011 Phone: 717-737-1283 TAREK ELTANBDAWY Acting as Vice President reside at 117 Prince Street, Harrisburg, PA a'"l; Y;?unc (717)805-it?8 AND RASHA ELNAGGAR Reside at 3102 Hoffer Street, Harrisburg, PA 17103 phone (717)234-2262 Both Partners are the owners of Hampden Diner for which they share an interest in the restaurant represent 35% and 35% for each Partner. Both Partners agree to the following: 1) Mrs. RASHA ELNAGGAR Agree to sell her share of 35% and interest in the said restaurant for a total sum of $ 12,000.00 say TWELVE THOUSAND US DOLLARS as a total settlement for the business and will be paid as follows: 1) eAYMEtN f: of $ 1500.01 will be paid as a down payment and the remaining balance will be paid with an equal payment of $500.00 at the beginning of each month starting the 1st of March 2009 ending on December 2010 At that time the sales agreement will be satisfied and paid in full. Mr. Tarek Eltanbdawy will be the sole owner of Hamden Diner and he will be responsible for all expenses such as Rent, Electricity, gas, bills due to venders, payroll, taxes and other expenses related to business beginning November lst 2008. Mrs. Rasha Elnaggar has no claim or interest whatsoever in the restaurant after November 1st, 2008. The name of Mrs. Rasha Elnaggar will be removed completely from the rent or lease agreement and she will never be hold responsible to paying rent or part of it beginning of the 1st of November 2008 ENTIRE AGREEMENT This agreement contains the entire agreement and understanding between partners And subject to no understanding, conditions or representations that are not set forth herein. This agreement Is a final agreement and cannot be amended. PARTNERS BOUND. Agreement shall be binding upon and shall insure to the benefits of partners. GOVERNING LAW This agreement shall govern by and enforced in accordance with the laws of the State of Pennsylvania. THIS IS A BINDING LEGAL CONTRACT. IF ANY PROVISIONS ARE NOT UNDERSTOOD CONSULT L?thibi4- ?R • ANY ATTORNEY 131,;1 MU,, YOU SIGNING. 0 WITNESS WHEREOF. The partnership has hereunto set their hands and seal, the day and year above written. Page 1 Partner: Tarek Eltanbdawy (fit h Day of 2008 Executed the presence of-. Witness Witness Ii Una LIVJUAI ..,..unNW A 1 H OF PENIV5Y Partner: Rasha Elnaggar NOTARIAL. stML !. KAREN JO CHASE, Notary Public 1 Lower Allen p My Commission Exp'trembfeb.nd7 County MR. CHRISTIANSON MEYER 411 CHESTNUT STREET, LEBANON, PA 17042 REF: RASHA ELNAGGAR 3102 HOFFER STREET MAY 19, 2009 HARRISBURG PA 17103 RENT HAMPDEN RESTAURANT 3421 SIMPSON FERRY ROAD, CAMPHILL, PA DEAR MR. MEYER, WITH REFERENCE TO THE ABOVE-MENTIONED AND YOUR LETTER DATED APRIL 17,2009, WE WOULD LIKE TO INFORM YOU THAT MRS. ELNAGGAR SOLD HER SHARE IN HAMPDEN RESTAURANT TO MR. TEREK ELTANBDAWY BASED ON SALE AGREEMENT COPY ATTACHED. SINCE THE SALES AGREEMENT MADE ON 1ST OF NOVEMBER 2008 MRS. ELNAGGAR IS NO LONGER RESPONSIBLE TO PAY ANY RENT DUE TO MR. KUAN FANG-CHENG STARTING FROM THE 1ST OF NOVEMBER 2008. ACCORDING TO THE TERM OF THE SALES AGREEMENT MR. ELTANBDAWY BECAME THE SOLE OWNER OF THE SAID RESTAURANT AND HE WILL BE RESPONSIBLE TO PAY THE RENT AND THE OTHER EXPENSES INCLUDING TAXES. THANK YOU FOR YOUR UNDERSTANDING AND LOOKING FORWARD TO HEARING FROM YOU, WE REMAIN. SINCERELY, RASHA ELNAGGAR E Xlni bi ? " S3 11 e a 0 7?/? ??? MEMO rf - - _- 1V 4231382240:03L6 77733738940' 77 HAWDEN DINER eo-e 24"'3 317 PH. 717-737-1283 nxisr3?4 = 3421 SIMMN FERRY RD. DATE CAMP HELL, PA 17011 - PAY TO THE ORDER OF _ t E„ f t 4 DOLLARS L31 o?r«re iR MBMBMS It '? MEMO "? ? ? _ r 1:2313822NW03L? ?7733738940• 77 I-HAWDEN DINER w-m#ml3 318 PH. 717-737-1283 m33rm4 3421 SIMMN FERRY RD. - CAMP HILL, PA 17011 DATE ~ ^ n r PAY TO -- 1 B THE ORDER OI' '- TXILLARS VROWALCRIMUNM ?w.qM MEMO 1:23138224LI:0318 7?73373894r 77 ?r? D DINER 3 21 p 717-737-1283 3421 SBOSON FERRY RD. DATE CAMP HELL, PA 17011 a 0 a PAY TO - --1 - %- THE ORDER OF p * " - - DOLLARS LJ o ter. St • MEMBERS s MEMO ;rw 1: 23L3El 224L1:032L MEMBERS r 7773373894n' 77 MHtito •. ? ,f ? • ` 1:23&38224&1:0322 7773373894n' 77 ?grmeu HAWDEN DINER so- 323 • _ PR 717-737-1283 M21 SDaWN FERRY RD. DATE i ` - CAMP HILL, PA 17011 PAY TO 6 THE ORDER OF f ^` - ' - - } - '-I)OLLARS IJ o.ie?r MEMBERS Is' MMALCUMUNWK MEMO M 1:2313822411:0323 77733731394NO 77 HAMPDEN DINER,3 324 e PR 717-737-1283 MM SIMP80N FERRY RD. DATE .: ` CAMP HILL, PA 17011 PAY TO THE ORDER OF LARS o st MEMBERS Is REDIMUMM MEMO % _ F 9 c - _ ?! 423L382240:0324 77?33?3894N' 77 *,MPDEN DINER 3 2 9 n7-737-1283 3421 SIIAMN FERRY RD. DaTE CAMP HILL, PA 17011 - PAY TO -r ? THE ORDER OF -• a DOLLARS t or..oa Bt a`! PAVWS Iwaq MEMO 1: 23138 2 2410:03 29 7773373894u' 77 HAMPDEN DINM W-ZWM13 330 0 PH. n7-737-1283 3421 SMISON FERRY RD. CAMP HILL, PA 17011 DATE e PAY TO r - -_J S THE ORDER OF _ -- ` -- -?t^ x DOLLARS 8 oe.ts.r. - _..,? - - o for o st MEMBBRS Y FA UM .. MEMO` . 1:23&3132219&1:0330 ???33?3894u' 77 !? HAMPDEN DINER &HW4??13 PR 717-737-1283 77733rjM4 332 3421 SDffSON FERRY RD. r` ? f CAMP MU, PA 17011 DATE PAY TO ff? ORDER OF f r a -? ?-__ pas e F ?'`?'` T .- r r arc B ?•.?.. MEMBERS r MEMO 1:2313922411:0332 ?773373894r 77 S 8 S 0 HANTDEN DINER p PH. 717-737-1283 3421 SBOSON FERRY RD. CAMP HILL, PA 17011 80-BZW2313 326 DATE PAY TO --- - - -- 1=° THE ORDER OF - DOLLARS at _ ¦e?irieM,M 17lSS fp '' MEMO - - '? - -- 1:23L382240:0326 7773373894"' ?? ?W? q8 3 e S 8 3 B FWAMEN DINER M13 327 PH. 717-737-1283 } 3421 SIMPSON FERRY RD. CAMP ML, PA 17011 DATE A.. PAY TO ??, ?. t x n '41 THE ORDER OF --J a.:; i ?• ' ? >? .?- ' ' DOLLARS ? o w w Rt MEMERQ IXDUALCRIMUNM III ll'i Ulm wwwa?lstwq d + ` t ?? 423L382240:0327 77?33738940 HAMMEN DINER 7rrJVMM 013 328 :.? PK 717-737-1283 1 _ 3421 SMWN FERRY RD. CAMP HILL, PA 17011 DATE PAY TX) THE ORDER OF `- --- - -TrOLLARS 1MEMMS19 _ - `- -- IV PA J7M P MEMO Y.?. ., "sue , ':23L38224Li:0328 7773373894"' ?7 z ?IAMMEN DINER 3 3 3 p ' PH 717-737-1283 3421 S04MN FERRY RD. DATE -- CAMP HILL, PA 17011 HAWDEN DINER t3 334 I r? PI- 717-737-1283 3421 SDKPSON FERRY RD. DATE CAMP HILL, PA 17011 $ - _ ? PAY TO ?. - - - I ? - ' y THE ORDER OF t i Q p st o MEMBW In PNMMALCMXWUMM ewwas?lKaQ ?? MEMO ? M 1:23 L38 2 24 Li:0334 7773373894u' 77 i4ftIY1LE HAMMEN DINER W-BZW=3 315 %i PR 717-737-1283 rrr,3rJM ' 3421 SU"SON FERRY RD. DATE ' j CAMP HILL, PA 17011 PAY TO THE ORDER OF ' F-, ;.... JDOLLARS o ?IMEMB?ERRS Mar.tei.Q,M17?6t . -.. '- ,:23L38224Lt:03L5 7773373891.0 77 Rasha Elnaggar 3102 Hoffer St. Harrisburg, PA 17103 PRO UL WAN FANG-CHENG, § COURT OF COMMON PLEAS OF Plaintiff § LEBANON COUNTY, PENNSYLVANIA V. § No.: 2009 - 01707 § CIVIL ACTION - LAW TAREK ELTANBDAWY, AMAL ESSAT, § RASHA ELNAGGAR and WALID § KHALIL, § Defendants § CEMR-CATE ! IFIVICE I hereby certified that i served a true and correct copy of Defendant's, Rasha Elnaggar, Answer to PivintiffIs Complaint via first-class U.S. mail upon the following persons, addressed as follows: Tarek Eltanbdawy 117 Prince St. Harrisburg, PA 17109 Amal Essat 7091 Hanover Manor Carlisle, PA WOW Khalil 4729 Gettysburg Rd. Mechanicsburg, PA George E. Christianson, Esquire 411 Chestnut St. 3_L Lebanon, PA 17042 Date Rasha Elnaggar Y V ? JUI. 21 A10:33 _ ?+ !! l f r 1'" ? (+ r IN THE s = rt COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KUAN FANG-CHENG Vs. TAREK ELTANBDAWY, AMAL ESSAT, RASHA ELNAGGAR AND WALID KHALIL No. 6-? Do 76 7 NOTICE TO DEFENDANT(S): 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 as 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MldPenn Legal Services 513 Chestnut Street Lebanon, PA 17046 717 274 2834 George E. Christianson ID 06310 Christianson Meyer 411 Chestnut Street Lebanon, PA 17042 717 273 1651 Attorneys for Plaintiff , . 4 . . 0 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KUAN FANG-CHENG VS. NO. TAREK ELTANBDAWY, AMAL ESSAT, RASHA ELNAGGAR AND WALID KHALIL COMPLAINT COUNT 1 - PLAINTIFF VS. TAREK ELTANBDAWY, AMAL ESSAT AND RASHA ELNAGGAR 1. Plaintiff, Kuan Fang-Chong, is an adult individual residing at 811 Bowman Street, Lebanon, Pa. 17046 2. Defendant, Eltanbdawy, is an adult individual residing at 117 Prince Street, Harrisburg, Pa. 3. Defendant, Amal Ezzat, is an adult individual residing at 7091 Hanover Manor, Carlisle, Pa. 4. Defendant, Rasha Elnaggar, is an adult individual residing at 3102 Hoffer Street, Harrisburg, Pa. 5. Defendant, Walid Khalil, an adult individual residing at 4729 Gettysburg Road, Mechanicsburg, Pa. • 6. Plaintiff and Defendants entered into a Lease Agreement for property located at 3421 Simpson Ferry Road, Camp Hill, Pa. 7. Pursuant to said Lease Agreement, Defendants were to pay to Plaintiff the amount of $5,500.00 per month, for a five (5) year period ending on September 3, 2013. 8. Defendants have not paid to the Plaintiff the rent which came due for February, 2009, nor any amounts thereafter. 9. Said lease agreement provided that there would be a five (5%) percent late fee after a period of ten (10) days. 10. Pursuant to said lease agreement, Defendants were to pay the real estate taxes. 11. The Spring taxes are due and owing in the amount of $2,769.71. 12. Pursuant to said lease agreement, Defendants were to pay the utilities. 13. There is currently an outstanding sewer bill due and owing in the amount of $11090.15. 14. Pursuant to said lease agreement, Plaintiff provided Defendants with a notice of their failure to provide the rent, which Is required in said lease agreement. i • 15. Said lease agreement provides that, upon that failure, Plaintiff is entitled to rent for the entire unexpired balance for the term of the lease agreement. 16. A true and correct copy of the Instrument authorizing the confession of judgment, duly executed by Defendants, is attached hereto, marked Exhibit A and made a part hereof. 17. The attached Exhibit A has not been assigned. 18. Judgment has not been entered, in any jurisdiction, on the attached Exhibit A authorizing confession of judgment. 19. Default was made by the Defendants in their failure to make the payment of rent due February, 2009, or payment of all subsequent monthly rentals, as well as real estate taxes and water and sewer, whereby, under the attached instrument, the entire sum is in default and immediately payable. 20. Consequently, Defendants are liable to Plaintiff as follows: a. Unpaid balance of lease agreement $302,500.00 b. Late fees 15,125.00 c. Real estate taxes 2,769.71 d. Water & sewer 1,090.15 e. Attorney's collection fees (15%) 48,222.73 $369,707.59 WHEREFORE, Plaintiff demands judgment in the amount of $369,707.59, as authorized by the warrant of attorney appearing in the lease agreement attached hereto as Exhibit A. COUNT II - PLAINTIFF V. DEFENDNAT WALID KHALIL 21. Paragraphs 7 through 20 are incorporated herein by reference as though set forth at length. 22. Plaintiff and Defendant Khalil entered into a lease agreement, a copy of which is attached hereto, marked Exhibit B and made a part hereof. 23. In order to induce Plaintiff to terminate said lease agreement, Defendant Khalil guaranteed the performance of the other three Defendants for twenty-four (24) months. 24. Despite due notice, Defendant Khalil failed to pay the amounts due, as well as the breach of the other Defendants that he is liable for rent from February, 2009 through September 3, 2013, or a total of $104.500.00 25. In accordance with the lease agreement attached hereto, Defendant Khalil is responsible to the Plaintiff for late fees in the amount of ;15,125.00. 26. In accordance with the lease agreement attached hereto, Defendant Khalil is responsible to the Plaintiff for real estate taxes in the amount of $2,769.71. . • • 27. In accordance with the lease agreement attached hereto, Defendant Khalil is responsible to the Plaintiff for water & sewer bills in the amount of $1,090.15. 28. In accordance with the lease agreement attached hereto, Defendant Khalil is responsible to the Plaintiff for 15% attorney's fees in the amount of $48,222.73. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against Defendants in the amount of $369.707.59. George E. Christianson, ID# 06310 Christianson Meyer 411 Chestnut Street Lebanon, Pa. 17042 (717) 273 1651 Attorney for Plaintiff LEASE AGREEMENT day of AU,31?7- , 2008, by and between THIS LEASE made as of this li- ' ' \j - I KUAN FANG CHENG, of Lebanon, Pennsylvania (hereinafter referred to as "Landlord"), and RASHA ELNAGGAR of Harrisburg, Pennsylvania, AMAL EZZAT of Carlisle, Pennsylvania, and TAREK ELTANBDAWY of Harrisburg, Pennsylvania (hereinafter collectively referred to as "Tenant"). WITNESSETH: WHEREAS, Landlord is the owner of a tract of ground with a building erected thereon, situate in Hampden Township, Cumberland County, Pennsylvania, located at 3421 Simpson Ferry Road, Camp Hill, Pennsylvania, more particularly described on a deed recorded at Deed Book 165, Page 237 in the Cumberland County Recorder of Deeds Office (hereinafter the "Premises"); and WHEREAS, Landlord and Tenant have agreed that Landlord shall grant to Tenant and Tenant shall acquire an option 'to purchase the Premises as well as a right of first refusal to purchase the Premises upon the terms and conditions hereinafter set forth; and WHEREAS, Landlord and Tenant have agreed that Landlord shall lease to Tenant and Tenant shall lease from Landlord the Premises upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the rent reserved to be paid by Tenant to Landlord, the parties hereto, intending to be legally bound, do hereby agree as follows: 1. Premises. The Premises consists of a tract of ground and building thereon located 3421 Simpson Ferry Road, Hampden Township, Camp Hill, Pennsylvania, more particularly 1 described on a deed recorded at Deed Book 165, Page 237 in the Cumberland County Recorder of Deeds Office, having erected thereon a building used for a restaurant. c. 2. Term. This Lease shall commence on September , 2008 and shall continue for five (5) years whereupon Tenant shall have the option to extend and renew this Lease for up to three additional five (5) year terms upon written notification to Landlord no less than six (6) months prior to the end of any of the five (5) year terms. 3. Possession. Landlord shall give possession of the Premises to Tenant on or before August 1, 2008. This is intended to give Tenant one month for renovation without the need to pay rent. Should the business open before September 1, 2008, Tenant shall pay pro-rata rent for the remain portion of August 2008. 4. Rent. Rent for the first five (5) years of this Lease shall be Five Thousand Five Hundred ($5,500.00) Dollars per month, which sum shall be increased by Five Hundred ($500.00) Dollars per month for each of the successive five (5) year terms undertaken by the Tenant in the exercise of Tenant's option to extend this Lease. Payment of rent for September, 2008, in the amount of Five Thousand Five Hundred ($5,500.00) Dollars shall be due on September 1, 2008, and monthly payments shall thereafter be due on the first day of each succeeding month during the term, without demand therefor by Landlord. Rent shall be payable at the office of Landlord or such other place as Landlord may in writing direct. Tenant shall pay a late fee of five percent (5%) of the unpaid balance of the monthly rent for any month in which the rent payment is more than ten (10) days late. 5. Rishts of Tenant and Subordination. Tenant shall not have the legal right to mortgage, pledge or otherwise encumber the Premises. This Lease is expressly subordinate to all present and future mortgages or other security instruments granted by Landlord encumbering the buildings or the land upon which they are erected, or fixtures or other appurtenances thereto. Tenant covenants to execute such documents as requested by Landlord to confirm or substantiate such subordination, and upon failure so to do, hereby irrevocably appoints Landlord its agent and 2 ??;2 attorney-in-fact to execute the same on its behalf. With respect to any mortgages or other security instruments entered into by Landlord after the execution of this lease, Tenant's subordination of this Lease shall be subject to a commercially reasonably non-disturbance agreement from the lender which non-disturbance agreement provides that Tenant's possession of the Premises and this Lease, including any options to extend the terms hereof, will not be disturbed so long as Tenant is not in breach hereof and attorns to the record owner of the Premises. 6. Services. Landlord shall not be responsible in any way in the event that the supply of heat, air conditioning, water, electricity, plumbing, or any other utilities, is cut off by reason of any cause beyond the control of Landlord, and Tenant does hereby release Landlord from any damage which may result by reason of any such failure of the supply of such items. 7. Maintenance and Repair. Tenant shall provide all repair and maintenance of the Premises during the term of this Lease Agreement, including all interior repairs, alterations, trash removal, janitorial services, snow removal, parking lot repairs, and common area maintenance, with the exception of major structural repairs, which shall be provided by Landlord. Landlord warrants that the roof and HVAC system are in good condition at the time of execution of this Lease Agreement. Roof and HVAC repairs shall thereafter be Tenant's responsibility. 8. Taxes. Tenant agrees to pay all real estate taxes which are chargeable or assessed against the demised Premises as they become due. 9. Utilities. The cost of utilities furnished to the demised Premises, including, without limitation, the cost of water, heat, gas, electricity, air conditioning, and sewerage, shall be paid by the Tenant. 10. Other expenses. Any charges or costs or other expenses in connection with the Premises not herein expressly provided shall be the obligation of the Tenant. Landlord shall indemnify and hold harmless Tenant against any claims or liabilities accrued or incurred prior to the delivery of possession of the Premises to Tenant, including but not limited to violations of federal and local laws and regulations regarding the use and occupancy of the Premises prior to delivery of possession to Tenant. 11. Alterations and Changes. Tenant shall make no modifications or changes to the appearance of the building, either exterior or interior, without the express written consent of the Landlord, which consent shall not be unreasonably withheld. Attached to this Lease Agreement may be found a list of renovations, alterations and improvements that Tenant plans to make to the Premises upon possession. By signing that list, Landlord indicates his consent to such modifications. 12. Assignment and Subletting. Tenant shall not assign or sublet the Premises or any part thereof without the written consent of Landlord, which shall not be unreasonably withheld. Should Tenant enter into any agreement to assign or sublet the Premises with the consent of Landlord, all provisions of this Lease Agreement shall remain effective, and Tenant shall guarantee performance of all duties under this Agreement, including, but not limited to, the payment of Rent and all other expenses described herein. 13. Liability. Tenant hereby releases Landlord from any future liability for any and all injuries or damages which may be suffered by Tenant, its successors and assigns, in its use of the Premises, as a result of the negligence, business operations, or any other activity of the Tenant, on any portion of the Premises. Tenant covenants and agrees that it will bear, pay and discharge, when and as the same become due and payable, all judgments and lawful claims for damages or otherwise against Landlord arising from Tenant's use or occupancy of said Premises, and will assume the burden and expense of defending all such suits, whether brought before the expiration of this Agreement of Lease, or otherwise, and will protect, indemnify and save harmless the said Landlord, its agents, servants, employees, heirs and personal representatives by reason of or on account of the use or misuse of the said Premises hereby leased, or any part thereof, due to the negligence of Tenant, or of its agents, servants or employees. Tenant agrees, at its sole expense, to keep the premises insured against fire and other perils, including liability, in an amount not less than $1,000,000.00 in premises insurance and $1,000,000.00 in liability insurance, which shall be payable to Landlord. All insurance required hereunder shall be taken out and maintained in generally recognized responsible insurance companies, qualified under the laws of the Commonwealth of Pennsylvania, shall name Landlord as additional insureds, and said policies or certificates evidencing such insurance coverage shall be finnished to Landlord. Prior to the expiration of any such policies, Tenant shall furnish to Landlord evidence reasonably satisfactory to Landlord that such policies have been renewed or replaced by similar policies. Landlord shall have the right to demand and receive proof of insurance coverage on a semi-annual basis. Tenant covenants to maintain adequate insurance against damage or destruction of Tenant's personal property on account of the elements, fire, wind, theft and other perils commonly insured against. Landlord shall not be liable for any damage done to or loss of Tenant's personal property or damage or loss suffered by the business or occupation of Tenant or of other persons from bursting, overflowing or leaking of water or sewer pipes or from the heating or plumbing fixtures or from electric wires, or from gas or odors, or caused in any other amount whatsoever. 14. Option to Purchase. Landlord hereby grants to Tenant an Option to purchase the Premises during the first five (5) year term of this Lease Agreement for the sum of $865,000.00 during the first two years of this Lease Agreement, with the option price increasing to $890,000.00 if purchased during the third, fourth or fifth year of this Lease Agreement. During the remaining length of this Lease Agreement, including any extensions, Tenant shall have an Option to purchase the Premises at market value, with market value determined by arbitration if the parties are unable to reach agreement as to market value. This Option to Purchase shall be automatically terminated should Landlord elect to sell the Premises to another party at any time during the entire term of this Lease Agreement, provided that Landlord first complies with the requirements of Tenant's Right of First Refusal. 5 9=1? 15. Right of First Refusal. Landlord hereby grants to Tenant during the term of this Lease a Right of First Refusal to purchase the Premises. At such time as Landlord receives an offer to purchase the Premises on terms otherwise acceptable to Landlord, the terms of such offer, together with a copy of any written documentation of such offer, shall be furnished to Tenant in writing, whereupon Tenant shall have ten (10) days to match said offer. In the event Tenant matches said offer, Landlord shall be obligated to sell the Premises to Tenant on the terms and conditions contained in said offer. This Lease Agreement shall remain in full force and effect in the event of the sale or other transfer of Landlord's interest in the Premises to a third party, with that third party solely responsible for Landlord's duties under this Lease Agreement.. 16. Security Deposit. Upon the execution of this Agreement, Tenant shall pay to Landlord the sum of Eleven Thousand ($11,000.00) Dollars, which is to remain on deposit with Landlord during the Term of this Lease and any extensions as security for the payment of rent and the full and faithful performance by Tenant of the covenants and conditions of this Lease. In the event of any default, the sum shall be retained by Landlord and may be applied toward damages arising from such default. Upon yielding of said premises at the termination of this Lease, and provided no default has occurred, said sum shall be returned to Tenant. No interest shall be payable on the deposit. It is understood that Landlord shall always have the right to apply said deposit, or portion thereof, to the curing of any default that may exist. Should Landlord convey its interest under this Lease, the deposit, or the part or portion thereof not previously applied, shall be turned over to Landlord's grantees or assignees; and Tenant hereby releases Landlord from any liability with respect to the deposit and Tenant agrees to look solely to such grantee or assignee and this provision shall also apply to subsequent grantees or assigns. Tenant agrees that it will not assign, pledge, mortgage or otherwise hypothecate its interest in the security deposit. Should Landlord apply any part of this deposit pursuant to these provisions, then Tenant shall, upon written demand by Landlord, remit to Landlord a sufficient amount in cash to restore said security to the original sum deposited, and Tenant's failure to do so within five (5) days after mailing of such demand shall constitute a breach of this Lease. ,a? 6 • 7 LJ 17. Default. The following events shall constitute default hereunder: (a) Nonpayment of rent for a period of ten (10) days from its due date; (b) Assignment by Tenant for the benefit of creditors, issuance of execution against Tenant, appointment of a receiver of the assets of Tenant, the filing for, by, or against Tenant of any action under the Federal Bankruptcy Act or comparable state or local legislation; (c) Violation of any of the terms or conditions of this Lease; or (d) Abandonment of the Premises by Tenant. 18. Landlord's Remedies on Default. Upon default by Tenant hereunder, Landlord shall, without by this exposition limiting its rights in law or in equity, have the following remedies: (a) After notice as hereinafter provided, at its option, Landlord may declare the entire rent reserved for the full term of this Lease remaining unpaid due and payable forthwith and proceed for the collection of the same by distress or otherwise, and Landlord may in such event forfeit and annul the unexpired portion of this Lease and enter upon and repossess the Premises with or without process of law; provided, however, that if Tenant after written notice of such default or of breach shall remedy the same within ten (10) days, it shall be restored to its full rights and privileges of this Lease. (b) If Tenant shall make an assignment for the benefit of creditors or be adjudicated a bankrupt, Landlord may proceed forthwith for the collection of the rent for the full term, and in addition thereto forfeit and/or annul the unexpired portion of this Lease and enter upon and repossess said Premises. (c) Failure by Landlord to exercise its rights hereunder in the event of default shall not act as a waiver of its rights so to exercise in the event of a subsequent default. (d) Any attorney may appear for Tenant in an amicable action of ejectment for said Premises in any court having jurisdiction and may confess judgment therein with costs in favor of Landlord, and those claiming under Landlord and against Tenant, and against those claiming under Tenant and Tenant authorizes the immediate issuing of a writ of possession with clauses for the recovery of a money judgment for costs without asking leave of court. (e) If rent or any charges hereby reserved as rent, or any other sum payable hereunder, shall remain unpaid when the same ought to be paid, Tenant hereby empowers any prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be brought for rent, liquidated damages or other charges or expenses agreed to be paid by Tenant hereunder and to sign for Tenant an Agreement for entering into any competent court an amicable action or actions for the recovery of rent, liquidated damages or other charges or expenses, and in said suits or in said amicable action or actions to confess judgment against Tenant for all or any part of the rent including, at Landlord's option, the rent for the entire unexpired balance of the term of this Lease, and any other charges, payments, costs and expenses reserved as rent or agreed to be paid by the Tenant as well as liquidated damages, and for attorney's fees, interest and cost together with an attorney's commission of fifteen (15%) percent thereof. Said authority shall not be exhausted by one (1) exercise thereof, but judgment may be confessed as aforesaid from time to time and as often as any of said rent or other charges reserved as rent or liquidated damages shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the original term or during any extension or renewal of this Lease. 19. Attorneys' Fees. In the event that Landlord shall be required to engage legal counsel for the enforcement of any terms of this lease, whether such employment shall require institution of suit or other legal services required to secure compliance on the part of the Tenant, Tenant shall be responsible for and shall promptly pay to Landlord the reasonable cost of said attorney's fees. 20. Ouiet Enjoyment. So long as Tenant is not in default hereunder, Landlord covenants to allow Tenant quietly and peaceably to enjoy possession of the Premises free from interference or interruption of Landlord or any other person claiming under or through Landlord. ? 8 0 0 21. Condemnation. In the event the Premises or a portion thereof are taken or sold pursuant to the exercise of the right of eminent domain by any authority having or claiming to have the same, rent shall be proportionately reduced (in the case of a partial taking) or this lease shall be terminated (in the case of a taking of the whole), as the case may be; but in no event shall Tenant be entitled to or receive any part of the award or price paid to Landlord in connection therewith. Tenant hereby assigns to Landlord all such awards, compensation and agreed settlements and authorizes payment thereof by the Condemnor directly to Landlord. 22. Landlord's Right of Entry. Tenant shall permit Landlord and its agents to enter into and upon said Premises at all reasonable times for the purpose of inspecting the same. Landlord shall also have the right to enter upon the premises at all reasonable times for the purposes of showing the Premises to prospective purchasers. 23. Cancellation. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall, at the option of Landlord, terminate all or any existing subleases or sub tenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenancies. 24. No Waiver. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Landlord of any term, covenant or condition of this Lease, other than the failure to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding at the time of acceptance of such rent. 25. Remedies Cumulative. It is understood and agreed that the remedies herein given to Landlord shall be cumulative, and the exercise of any one remedy by Landlord shall not be to the 9 cv?e? exclusion of any other remedy. Each and all of said remedies shall be exercisable repeatedly and as often as may be necessary. 26. Brokers. Landlord and Tenant mutually represent and warrant that neither has dealt with any broker or finder in respect to the subject matter of this Lease Agreement. Each party agrees to indemnify and hold the other party harmless from and against all liabilities, claims, losses, costs, damages, and expenses, including attorney's fees, arising out of or from any claims for brokerage commission resulting from any other agreement by such party with any broker or any other person. 27. Construction. Wherever the context so requires, the feminine gender shall be substituted for the masculine, the masculine for the feminine or the neuter for either; the singular shall be substituted for the plural and vice versa. Paragraph headings are for convenience only and do not constitute a part of this Lease. This Lease is made and executed in the Commonwealth of Pennsylvania and shall be construed and enforced in accordance with the laws thereof. 28. Use of Premises. It is the intention of the Tenant to use the premises for a restaurant. Tenant warrants to Landlord that none of the products or materials used by it on said premises shall be such as defined by State or Federal Statute as being hazardous or toxic. Tenant agrees to comply with all local, state and federal statutes with regard to the use of any products or materials and for their disposal. Tenant specifically agrees to be fully responsible for the cost of any and all remediation required in the event of any contamination on the site as a result of its activities. Tenant will indemnify and save Landlord, its agents, servants, employees, heirs and personal representatives harmless by reason or on account of the use or storage of said products. 29. Notices. All notices or other communication pursuant hereto to any party shall be deemed given when deposited in the United States mail, postage prepaid, return receipt requested, addressed to the parties at the addresses set out below, or to such other address as the parties may in writing direct: 10 If to Landlord: Kuan Fang Cheng 2125 West Cumberland Street Lebanon, PA 17042 Copy to Landlord's John J. Ferry, Jr., Esquire Attorney: Law Offices of John J. Ferry, Jr. 931 Cumberland Street Lebanon, PA 17042 If to Tenant: Rasha Elnaggar 3102 Hoffer Street Harrisburg, PA 17103 • The parties agree that notices need not be sent to co-tenants whose addresses are not listed in this paragraph. Notice upon the co-tenant named in this paragraph shall be considered equivalent to notice upon all co-tenants. 30. Entire Agreement. This Lease contains the entire understanding between the parties hereto and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understanding, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. 31. Successors and Assigns. Except as herein otherwise specified, this Lease shall legally benefit and bind the parties hereto, their respective heirs, beneficiaries, executors, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day and year first written above. LANDLORD: uan ?ng Cheng P- 11 TENANT: Wagoav' kasha lnaggar Amal Ezzat Tarek Eltanbdawy PERSONAL GUARANTY Intending to be legally bound, and in consideration of this Lease Agreement, the undersigned hereby becomes surety to Landlord for the performance of the Agreement by Tenant and guarantees payment of all sums becoming owing to Landlord by Tenant. The liability of the undersigned is absolute, continuing, and unconditional, and Landlord shall not be required to proceed against Tenant or invoke any other remedy before proceeding against the undersigned. Landlord expressly agrees to notify the guarantor in the event of breach or default. WITNESS: GUARANTORS: Walid S. Khalil 12 LEASE AGREEMENT THIS LEASE made as of this 1.6 day of September, 2047, by and between KUAN FANG CHENG, of Lebanon, Pennsylvania (hereinafter referred to as "Landlord"), and WALID S. KHAMIL of Mechanicsburg, Pennsylvania (hereinafter referred to as `Tenant"). WITNESSETH: WHEREAS, Landlord is the owner of a tract of ground with a building erected thereon, situate in Hampden Township, Cumberland County, Pennsylvania, located at 3421 Simpson Ferry Road, Camp Hill, Pennsylvania, more particularly described on a deed recorded at Deed Book 165, Page 237 in the Cumberland County Recorder of Deeds Office (hereinafter the "Premises"); and WHEREAS. Landlord and Tenant have agreed that Landlord shall grant to Tenant and Tenant shall acquire an option to purchase the Premises as well as a right of first refusal to purchase the Premises upon the terms and conditions hereinafter set forth, and WHEREAS, Landlord and Tenant have agreed that Landlord shall lease to Tenant and Tenant shall lease from Landlord the Premises upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the rent reserved to be paid by Tenant to Landlord, the parties hereto, intending to be legally bound, do hereby agree as follows: 1. Premises. The Premises consists of a tract of ground and building thereon located 3421 Simpson Ferry Road, Hampden Township, Camp Hill, Pennsylvania, more particularly described on a deed recorded at Deed Book 165, Page 237 in the Cumberland County Recorder of Deeds Office, having erected thereon a building used for a restaurant. 1 ? t .i 2. Term. This Lease shall commence on November 15, 2007 and shall continue for five (5) years whereupon Tenant shall have the option to extend and renew this Lease for up to three additional five (5) year terms upon written notification to Landlord no less than six (6) months prior to the end of any of the five (5) year terms. 3. Po?ssession. Landlord shall give possession of the Premises to Tenant on or before September 15, 2007. 4. Rent. Rent for the first five (5) years of this Lease shall be Five Thousand Five Hundred ($5,500.00) Dollars per month, which sum shall be increased by Five Hundred ($500.00) Dollars per month for each of the successive five (5) year terms undertaken by the Tenant in the exercise of Tenant's option to extend this Lease. Payment of rent for November, 2007, in the amount of Five Thousand Five Hundred ($5,500.00) Dollars shall be due on November 15, 2007, and monthly payments shall thereafter be due on the first day of each succeeding month during the term, without demand therefor by Landlord. Rent shall be payable at the office of Landlord or such other place as Landlord may in writing direct. Tenant shall pay a late fee of five percent (5%) of the unpaid balance of the monthly rent for any month in which the rent payment is more than ten (10) days late. 5. Rights of Tenant and Subordination. Tenant shall not have the legal right to mortgage, pledge or otherwise encumber the Premises. This Lease is expressly subordinate to all present and future mortgages or other security instruments granted by Landlord encumbering the buildings or the land upon which they are erected, or fixtures or other appurtenances thereto. Tenant covenants to execute such documents as requested by Landlord to confirm or substantiate such subordination, and upon failure so to do, hereby irrevocably appoints Landlord its agent and attorney-in-fact to execute the same on its behalf. With respect to any mortgages or other security instruments entered into by Landlord after the execution of this lease, Tenant's subordination of this Lease shall be subject to a commercially reasonably non-disturbance agreement from the lender which non-disturbance agreement provides that Tenant's possession 2 of the Premises and this Lease, including any options to extend the terms hereof, will not be ` disturbed so long as Tenant is not in breach hereof and attorns to the record owner of the Premises. 6. Services. Landlord shall not be responsible in any way in the event that the supply of heat, air conditioning, water, electricity, plumbing, or any other utilities, is cut off by reason of any cause beyond the control of Landlord, and Tenant does hereby release Landlord from any damage which may result by reason of any such failure of the supply of such items. 7. Maintenance and Repair. Tenant shall provide all repair and maintenance of the Premises during the term of this Lease Agreement, including all interior repairs, alterations, trash removal, janitorial services, snow removal, parking lot repairs, and common area maintenance, with the exception of major structural repairs, which shall be provided by Landlord. Landlord warrants that the roof and HVAC system are in good condition at the time of execution of this Lease Agreement. Roof and HVAC repairs shall thereafter be Tenant's responsibility. 8. Taxes. Tenant agrees to pay all real estate taxes which are chargeable or assessed against the demised Premises as they become due. 9. Utilities. The cost of utilities furnished to the demised Premises, including, without limitation, the cost of water, heat, gas, electricity, air conditioning, and sewerage, shall be paid by the Tenant. 10. Other expenses. Any charges or costs or other expenses in connection with the Premises not herein expressly provided shall be the obligation of the Tenant. Landlord shall indemnify and hold harmless Tenant against any claims or liabilities accrued or incurred prior to the delivery of possession of the Premises to Tenant, including but not limited to violations of federal and local laws and regulations regarding the use and occupancy of the Premises prior to delivery of possession to Tenant. 3 ;r 11. Alterations and Changes. Tenant shall make no modifications or changes to the appearance of the building, either exterior or interior, without the express written consent of the Landlord, which consent shall not be unreasonably withheld. Attached to this Lease Agreement may be found a list of renovations, alterations and improvements that Tenant plans to make to the Premises upon possession. By signing that list, Landlord indicates his consent to such modifications. 12. Assignment and Subl Tenant shall not assign or sublet the Premises or any part thereof without the written consent of Landlord, which shall not be unreasonably withheld. Should Tenant enter into any agreement to assign or sublet the Premises with the consent of Landlord, all provisions of this Lease Agreement shall remain effective, and Tenant shall guarantee performance of all duties under this Agreement, including, but not limited to, the payment of Rent and all other expenses described herein. 13. Liability. Tenant hereby releases Landlord from any future liability for any and all injuries or damages which may be suffered by Tenant, its successors and assigns, in its use of the Premises, as a result of the negligence, business operations, or any other activity of the Tenant, on any portion of the Premises. Tenant covenants and agrees that it will bear, pay and discharge, when and as the same become due and payable, all judgments and lawful claims for damages or otherwise against Landlord arising from Tenant's use or occupancy of said Premises, and will assume the burden and expense of defending all such suits, whether brought before the expiration of this Agreement of Lease, or otherwise, and will protect, indemnify and save harmless the said Landlord, its agents, servants, employees, heirs and personal representatives by reason of or on account of the use or misuse of the said Premises hereby leased, or any part thereof, due to the negligence of Tenant, or of its agents, servants or employees. Tenant agrees, at its sole expense, to keep the premises insured against fire and other perils, including liability, in an amount not less than $1,000,000.00 in premises insurance and 4 $1,000,000.00 in liability insurance, which shall be payable to Landlord. All insurance required hereunder shall be taken out and maintained in generally recognized responsible insurance companies, qualified under the laws of the Commonwealth of Pennsylvania, shall name Landlord as additional insureds, and said policies or certificates evidencing such insurance coverage shall be furnished to Landlord. Prior to the expiration of any such policies, Tenant shall furnish to Landlord evidence reasonably satisfactory to Landlord that such policies have been renewed or replaced by similar policies. Landlord shall have the right to demand and receive proof of insurance coverage on a semi-annual basis. Tenant covenants to maintain adequate insurance against damage or destruction of Tenant's personal property on account of the elements, fire, wind, theft and other perils commonly insured against. Landlord shall not be liable for any damage done to or loss of Tenant's personal property or damage or loss suffered by the business or occupation of Tenant or of other persons from bursting, overflowing or leaking of water or sewer pipes or from the heating or plumbing fixtures or from electric wires, or from gas or odors, or caused in any other amount whatsoever. 14. Option to Purchase. Landlord hereby grants to Tenant an Option to purchase the Premises during the first five (5) year term of this Lease Agreement for the sum of $865,000.00 during the first two years of this Lease Agreement, with the option price increasing to $890,000.00 if purchased during the third, fourth or fifth year of this Lease Agreement. During the remaining length of this Lease Agreement, including any extensions, Tenant shall have an Option to purchase the Premises at market value, with market value determined by arbitration if the parties are unable to reach agreement as to market value. This Option to Purchase shall be automatically terminated should Landlord elect to sell the Premises to another party at any time during the entire term of this Lease Agreement, provided that Landlord first complies with the requirements of Tenant's Right of First Refusal. 15. Right of First Refusal. Landlord hereby grants to Tenant during the term of this Lease a Right of First Refusal to purchase the Premises. At such time as Landlord receives an offer to purchase the Premises on terms otherwise acceptable to Landlord, the terms of such offer, together with a copy of any written documentation of such offer, shall be furnished to Tenant in writing, 5 whereupon Tenant shall have ten (10) days to match said offer. In the event Tenant matches said offer, Landlord shall be obligated to sell the Premises to Tenant on the terms and conditions contained in said offer. This Lease Agreement shall remain in full force and effect in the event of the sale or other transfer of Landlord's interest in the Premises to a third party, with that third party solely responsible for Landlord's duties under this Lease Agreement.. 16. Security Deaosit. Upon the execution of this Agreement, Tenant shall pay to Landlord the sum of Eleven Thousand ($11,000.00) Dollars, which is to remain on deposit with Landlord during the Term of this Lease and any extensions as security for the payment of rent and the full and faithful performance by Tenant of the covenants and conditions of this Lease. In the event of any default, the sum shall be retained by Landlord and may be applied toward damages arising from such default. Upon yielding of said premises at the termination of this Lease, and provided no default has occurred, said sum shall be returned to Tenant. No interest shall be payable on the deposit. It is understood that Landlord shall always have the right to apply said deposit, or portion thereof, to the curing of any default that may exist. Should Landlord convey its interest under this Lease, the deposit, or the part or portion thereof not previously applied, shall be turned over to Landlord's grantees or assignees; and Tenant hereby releases Landlord from any liability with respect to the deposit and Tenant agrees to look solely to such grantee or assignee and this provision shall also apply to subsequent grantees or assigns. Tenant agrees that it will not assign, pledge, mortgage or otherwise hypothecate its interest in the security deposit. Should Landlord apply any part of this deposit pursuant to these provisions, then Tenant shall, upon written demand by Landlord, remit to Landlord a sufficient amount in cash to restore said security to the original sum deposited, and Tenant's failure to do so within five (5) days after mailing of such demand shall constitute a breach of this Lease. 17. Default. The following events shall constitute default hereunder: (a) Nonpayment of rent for a period of ten (10) days from its due date; (b) Assignment by Tenant for the benefit of creditors, issuance of execution against Tenant, appointment of a receiver of the assets of Tenant, the filing for, by, or 6 against Tenant of any action under the Federal Bankruptcy Act or comparable state or local legislation; (c) Violation of any of the terms or conditions of this Lease; or (d) Abandonment of the Premises by Tenant. 18. Landlord's Remedies on Default. Upon default by Tenant hereunder, Landlord shall, without by this exposition limiting its rights in law or in equity, have the following remedies: (a) After notice as hereinafter provided, at its option, Landlord may declare the entire rent reserved for the full term of this Lease remaining unpaid due and payable forthwith and proceed for the collection of the same by distress or otherwise, and Landlord may in such event forfeit and annul the unexpired portion of this Lease and enter upon and repossess the Premises with or without process of law; provided, however, that if Tenant after written notice of such default or of breach shall remedy the same within ten (10) days, it shall be restored to its full rights and privileges of this Lease. (b) If Tenant shall make an assignment for the benefit of creditors or be adjudicated a bankrupt, Landlord may proceed forthwith for the collection of the rent for the full term, and in addition thereto forfeit and/or annul the unexpired portion of this Lease and enter upon and repossess said Premises. (c) Failure by Landlord to exercise its rights hereunder in the event of default shall not act as a waiver of its rights so to exercise in the event of a subsequent default. (d) Any attorney may appear for Tenant in an amicable action of ejectment for said Premises in any court having jurisdiction and may confess judgment therein with costs in favor of Landlord, and those claiming under Landlord and against Tenant, and against those claiming under Tenant and Tenant authorizes the immediate issuing of a writ of possession with clauses for the recovery of a money judgment for costs without asking leave of court. (e) If rent or any charges hereby reserved as rent, or any other sum payable hereunder, shall remain unpaid when the same ought to be paid, Tenant hereby empowers any 7 prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be brought for rent, liquidated damages or other charges or 3 expenses agreed to be paid by Tenant hereunder and to sign for Tenant an Agreement for entering into any competent court an amicable action or actions for the recovery of rent, liquidated damages or other charges or expenses, and in said suits or in said amicable action or actions to confess judgment against Tenant for all or any part of the rent including, at Landlord's option, the rent for the entire unexpired balance of the term of this Lease, and any other charges, payments, costs and expenses reserved as rent or agreed to be paid by the Tenant as well as liquidated damages, and for attorney's fees, interest and cost together with an attorney's commission of fifteen (15%) percent thereof. Said authority shall not be exhausted by one (1) exercise thereof, but judgment may be confessed as aforesaid from time to time and as often as any of said rent or other charges reserved as rent or liquidated damages shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the original term or during any extension or renewal of this Lease: 19. Attorneys' Fees. In the event that Landlord shall be required to engage legal counsel for the enforcement of any terms of this lease, whether such employment shall require institution of suit or other legal services required to secure compliance on the part of the Tenant, Tenant shall be responsible for and shall promptly pay to Landlord the reasonable cost of said attorney's fees. 20. Ouiet Enioyment. So long as Tenant is not in default hereunder, Landlord covenants to allow Tenant quietly and peaceably to enjoy possession of the Premises free from interference or interruption of Landlord or any other person claiming under or through Landlord. 21. Condemnation. In the event the Premises or a portion thereof are taken or sold pursuant to the exercise of the right of eminent domain by any authority having or claiming to have the same, rent shall be proportionately reduced (in the case of a partial taking) or this lease 8 11 . 9 • shall be terminated (in the case of a taking of the whole), as the case may be; but in no event X shall Tenant be entitled to or receive any part of the award or price paid to Landlord in connection therewith. Tenant hereby assigns to Landlord all such awards, compensation and agreed settlements and authorizes payment thereof by the Condemnor directly to Landlord. 22. Landlord's Rip-ht of Entrv. Tenant shall permit Landlord and its agents to enter into and upon said Premises at all reasonable times for the purpose of inspecting the same. Landlord shall also have the right to enter upon the premises at all reasonable times for the purposes of showing the Premises to prospective purchasers. 23. Cancellation. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall, at the option of Landlord, terminate all or any existing subleases or sub tenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenancies. 24. No Waiver. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Landlord of any term, covenant or condition of this Lease, other than the failure to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding at the time of acceptance of such rent. 25. Remedies Cumulative. It is understood and agreed that the remedies herein given to Landlord shall be cumulative, and the exercise of any one remedy by Landlord shall not be to the exclusion of any other remedy. Each and all of said remedies shall be exercisable repeatedly and as often as may be necessary. 26. Brokers. Landlord and Tenant mutually represent and warrant that neither has dealt with any broker or finder in respect to the subject matter of this Lease Agreement. Each party 9 r i ^r agrees to indemnify and hold the other party harmless from and against all liabilities, claims, losses, costs, damages, and expenses, including attorney's fees, arising out of or from any claims for brokerage commission resulting from any other agreement by such party with any broker or any other person. 27. Construction. Wherever the context so requires, the feminine gender shall be substituted for the masculine, the masculine for the feminine or the neuter for either; the singular shall be substituted for the plural and vice versa. Paragraph headings are for convenience only and do not constitute a part of this Lease. This Lease is made and executed in the Commonwealth of Pennsylvania and shall be construed and enforced in accordance with the laws thereof. 28. Use of Premises. It is the intention of the Tenant to use the premises for a restaurant. Tenant warrants to Landlord that none of the products or materials used by it on said premises shall be such as defined by State or Federal Statute as being hazardous or toxic. Tenant agrees to comply with all local, state and federal statutes with regard to the use of any products or materials and for their disposal. Tenant specifically agrees to be fully responsible for the cost of any and all remediation required in the event of any contamination on the site as a result of its activities. Tenant will indemnify and save Landlord, its agents, servants, employees, heirs and personal representatives harmless by reason or on account of the use or storage of said products. 29. Notices. All notices or other communication pursuant hereto to any party shall be deemed given when deposited in the United States mail, postage prepaid, return receipt requested, addressed to the parties at the addresses set out below, or to such other address as the parties may in writing direct: If to Landlord: Kuan Fang Cheng 2125 West Cumberland Street Lebanon, PA 17042 10 F, I- lb , r 0 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) ss COUNTY OF LEBANON ) Kuan Fang-Chong, the Plaintiff herein, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct to the nest of his knowiedge and Information. '.?a "?'- - Kuan F fg-Cheng" Sworn and subscribed to before me this (`t%M day of Ju t K 2009. x J/ 1 (9 - ? Notary Public IIW. aE' . . 9w1?r?1?,p?pPuft Oolob?r pp? 20311 JUL 21 A 10: 33 IN THE 7T11A ©! 3 ?a '(C;r COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KUAN FANG-CHENG VS. TAREK ELTANBDAWY, AMAL ESSAT, RASHA ELNAGGAR AND WALID KHALIL No. AdnQ - o 1707 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY; Please enter the appearance of Christianson Meyer, of 411 Chestnut Street, Lebanon, Pennsylvania, as attorney for Kuan Fang-Cheng, the Plaintiff in the above captioned action. George E. Christianson ID 06310 Christianson Meyer 411 Chestnut Street Lebanon, PA 17042 717 273 1651 Attorneys for Plaintiff DATED: July 17, 2008 Allillift, r? obi'6%6 Ile bbI #.-XD J,lw w as- sbt !!'I! i J C -S :Z 1 d I Z 1310 50oz KUAN FANG-CHENG, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNT', PENNSYLVANIA vs. TAREK ELTANBDAWY, AMAL EZZAT, NO. 09-72b8 CIVIL KASHA ELNAGGAR, and WALID ~ KHAL IL, ~ o `~ Defendants ~~ '''' ~.,~ PRAECIPE TO ENTER APPEARANCE x~ ~ n -~ ~~ "n x r ~~" m m ~ as ~~ ~ pC~ ~ o = x c-~ z .. ° t~~7 -~ -t ~ ~o TO THE PROTHONOTARY: Please enter the appearance of SCOTT T. WYLAND, Esquire and JASON E. KELSO, Esquire, of SALZMANN HUGHES, P.C. as counsel of record for KUAN FANG-CHENG in the above-referenced matter. SALZMANN HUGHES, P.C. ~/ ~ ~ ~~ TT T. WYLAND, Esquire ttorney ID# 52660 JASON E. KELSO, Esquire Attorney ID# 209107 354 Alexander Spring Road Suite 1 Carlisle, PA 17015 (717) 249-6333 Dated: KUALA FANG-CHENG, . Plaintiff . vs. . TAREK ELTANBDAWY, AMAL EZZAT, KASHA EL.N.AGGAR, and WALID . KHAL[L,, . Defendants . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY., PENNSYLVANIA NO. 09-7268 CIVIL CERTIFICATE OF SERVICE On this 26T" day of October, 2012, I, Jason E. Kelso, Esq., do hereby certify that 1 have served a tnie and correct copy of the foregoing Praecipe to Enter Appearance upon tl~ie person indicated below by United States first class mail, postage paid, and addressed as indicated below: Tabetha A. Tanner, Esq. "Tamler Law Offices, LLC 1300 Market Street, Suite 10 Le~m~ Dyne, PA 17043 Atto1-ney for Defendant, Walid Khalil Kasha Elnaggar 3 ] 02 Hoffer Street Harri~~~burg, PA 17103 Pro S'e Georf;e E. Christianson, Esq. Christianson Meyer 41 1 Chestnut Street Lebanon, PA 17042 By: Amal Essat 8 Richard Lane, Apt. 8A 204 Camp Hill, PA 1701 1 PYO Se Tarek Eltanbdawy 1 l 7 Prince Street Harrisburg, PA 17109 PYO Se 1 U~S, P.C.,. ~~ ~~,, ~ ~' ~ ~ ~--' J,a~s6n E. Kelso, Esquire 'A'ttorney ID No. 209107 354 Alexander Spring Road, Suite 1 Carlisle, PA ] 7015 (7l 7) 249-633 Attorneys foY Plaintiff ., ..._,. i, ~: ~ ~ ~' KUAN FANG-CHENG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA '~. NO. 09-7268 CIVIL TAREK ELl"ANBDAWY, AMAL JURY TRIAL DEMANDED EZZAT, RASHA ELNAGGAR and WALID KHALIL, Defendants NOTICE TO PLEAD To: Kuan Fang-Cheng; and Jason E. Kelso, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, WIX, WENGER & WEIDNER ~- ,,.. ~_ ' ~ ( ~ v Richard H. Wix, Esq., ID# 07274 Attorneys for Defendant Eltanbdawy 4705 Duke Street Harrisburg, PA 17109-3041 (717) 652-8455 Dated : ~ ~ ~ ~ / ~ ~ KUALA FANr,-CHENG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-7268 CIVIL TAREK ELT~ANBDAWY, AMAL JURY TRIAL DEMANDED EZZAT, RASHA ELNAGGAR and WALID KHALIL, Defendants DEFENDANT TAREK ELTANBDAWY'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND COUNTERCLAIM NOW COMES, the Defendant, Tarek Eltanbdawy, by his attorneys, Wix, Wenger & Weidner and sets forth the following Answer with New Matter to Plaintiff's Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied as stated. The terms of the Lease speak for itself. 8. The allegations of paragraph 8 are denied as the rent for February 2009 was paid. 9. Denied as stated. The terms of the Lease speak for itself. 10. Denied as stated. The terms of the Lease speak for itself. 11. The allegations of paragraph 11 are denied inasmuch as the taxes have been paid. 12. Denied as stated. The terms of the Lease speak for itself. 13. Denied. The sewer bill has been paid. 14. The allegation of paragraph 14 is denied, and proof to the contrary is demand. 15. Denied as stated. The terms of the Lease speak for itself. 16. It is admitted that the Lease signed by the Defendant is attached, however, the terms of such Lease were breached by the Plaintiff. 17. Admitted. 18. Admitted. 19. The allegations of paragraph 19 are denied. 20. The allegations of paragraph 20 are denied for the reasons set forth in Defendant's New Matter. 21-28~. The allegations of paragraphs 21 through 28 relate to a Defendant other than answering Defendant. NEW MATTER 29. The Lease Agreement was breached by the Plaintiff, thereby voiding the Lease Agreement. 2 30. The leased property was wrongfully repossessed by the Plaintiff, and Defendant thereby relieved of any obligations under the Lease Agreement. 31 Plaintiff concealed hidden defects which resulted in the Defendant being unable to operate his business all of which was in violation of the Lease Agreement. 32. Plaintiff wrongfully took possession of the leased premises not in accordance with law, and thereby breached the lease Agreement. 33. Plaintiff re-leased the premises, and therefore has not sustained a loss. 34. Plaintiff's claims for attorney's fees are excessive, and not in accordance with law. COUNTERCLAIM 34. Plaintiff wrongfully took possession of Defendant's property and sold same without notice to the Defendant and not in accordance with law, thereby resulting in a loss to the Defendant. WHEREFORE, Defendant demands judgment against the Plaintiff in excess of mandatory arbitration limits. j , ~ poi ~- Dated: ~ i , Respectfully Submitted, WIX, WENGER & WEIDNER Richard H. Wix, Esq., ID #07274 4705 Duke Street Harrisburg, PA 17109-3041 (717;1 652-8455 Counsel for Plaintiff 3 VERIFICATION I, Tarek Eltanbdawy, have read the foregoing Answer with New Matter to Plaintiff's Complaint and Counterclaim, which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities, which provides that if I knowingly made false averments, I may be subject to criminal penalties. .- Date: ~ ~ ~.3,'t ~ ~ ~Tarek Eltanbdawy CERTIFICATE OF SERVICE AND NOW, this 1 st day of November, 2012, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant Eltanbdawy's Answer with New Matter to Plaintiffs Complaint and Counterclaim this date by faxing a copy of same, addressed as follows: .~ason E. Kelso, Esq. Salzmann Hughes 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 X717) 249-6333 And by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Amal Ezzat Walid Khalil 7'01 Hanover Manor, Apt.201 1125 Slate Hill Road Carlisle, PA 17013 Camp Hill, PA 17011 Kasha Elnaggar 4220 Heathrow Court, Apt. B Harrisburg, PA 17109 WIX, WENGER & WEIDNER '~ ,~ Gaye Crist I PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the withi n matter for thp.~rte~, ~~- Argument Court.) Defendant's Preliminary Objections ~ ~~ 5 t~ CAPTION OF CASE a _, _ r~:=i ~ `~'. (entire caption must be stated in full) ~ ~ -- cs'.,-~ t ~ w ` 1 Kuan Fang Cheng ``- ~ ~~ c7 tT, Tarek Eltanbdawy, Walid Khalil & Amal Essat ^f tV ;~" 7268 _t ~,.. 2009 No. Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant, Walid Khalifs Preliminary Objections to Plaintiffs Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Melissa L. Kelso, Esq., Salzmann Hughes, P.C., 354 Alexander Spring Road, Carlisle, PA 17015 (Name and Address) (b) for defendants: Walid Khalil: Tabetha A. Tanner, Esq., Tanner Law Offices, 3507 Market Street, Suite 303, Camp Hill, PA 17011 (Name and Address) Tarek Eltanbdawy: Richard H. Wix, Esq., Wix, Wenger and Weitlner, 4705 Duke St., Harrisburg, PA 17109; Amal Essat, S Richland L ane, Apl. BA 204, Camp Hill, PA t 7011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 21, 2012 Signature I~ ~i SS ~ L- ~~, S ~, Print your name Plaintiff, Kuan Feng Chang November 27, 2012 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. C iLE-0-(1F?? C Jason E. Kelso, Esquire Attorney I.D. No. 209107 A.1 O AH It: 2 I -I? DEC Melissa L. Kelso, Esquire Attorney I.D. No. 306793 -"PIB RLAND COUNTY SALZMANN HUGHES, P.C. A? YL??? 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 KUAN FANG CHENG, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. TAREK ELTANBDAWY, AMAL EZZAT, NO.09-7268 CIVIL RASHA ELNAGGAR, and WALID KHALIL, Defendants PETITION TO DISCONTINUE ACTION AS TO DEFENDANT RASHA ELNAGGAR AND NOW comes Plaintiff, Kuan Fang Cheng, by and through his counsel, Salzmann Hughes, P.C. and hereby petitions this Honorable Court to discontinue the above action as to Defendant Rasha Elnaggar and in support thereof avers the following: 1. On or about July 21, 2009, Plaintiff commenced the above captioned matter in the Court of Common Pleas of Lebanon County. 2. The action was subsequently transferred to the Court of Common Pleas of Cumberland County. 3. Subsequent to the initiation of this action, Defendant, Rasha Elnaggar filed for bankruptcy and obtained a discharge of any claim made by Plaintiff in this action. 4. By correspondence to all named Defendants dated November 29, 2012, the undersigned counsel provided notice to all Defendants of Plaintiff's intent to discontinue this action as against Defendant, Rasha Elnaggar only. A true and correct copy of this correspondence is attached hereto as Exhibit "A." 5. By this correspondence, Plaintiff requested that Defendants consent to Plaintiff s voluntary discontinuance of this action against Defendant, Rasha Elnaggar in accordance with Pa.R.C.P. 229(b). See Exhibit "A." 6. Defendant, Tarek Eltanbdawy consents to the discontinuance as documented by his counsel's execution of the Consent, a true and correct copy of which is attached hereto as Exhibit "B." 7. It is averred, upon information and belief, that counsel of record for Defendant Walid Khalil, as of December 14, 2012, had not yet been able to confer with her client and therefore is not in a position to affirmatively consent or not consent to the discontinuance. 8. After a reasonable passage of time, Defendant, Amal Essat has not responded to Plaintiff s request: for consent in the voluntary discontinuance. 9. Because Plaintiff was unable to obtain the consent of all Defendants to the voluntary discontinuance of this action, Plaintiff now requests leave of court to discontinue this action against Defendant, Rasha Elnagger only. 10. No Judge of the Court of Common Pleas of Cumberland County has ruled on any prior motions or petitions in this action. Wherefore, Plaintiff, Kuan Fang Cheng respectfully requests that this Honorable Court enter the attached Order and grant Plaintiffs Petition to Discontinue this action as against Defendant, Rasha Elnagger only. Respectfully submitted, SALZMANN HUGHES, P.C. 1s-6-0 Jason E. Kelso, Esquire Attorney I.D. No. 209107 Melissa L. Kelso, Esquire Attorney I.D. No. 306793 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 CERTIFICATE OF SERVICE On this day of , 2012, I, Melissa L. Kelso, Esq., do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below: Tabetha A. Tanner, Esq. Tanner Law Offices, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Counsel for Walid Khalil Amal Essat 8 Richland Lane, Apt 8A 204 Camp Hill, PA 17011 Richard H. Wix, Esquire Wix Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Counsel for Tarek Eltanbdawy Rasha Elnaggar 3102 Hoffer Street Harrisburg, PA 17103 SALZMANN HUGHES, P.C. ' Yas E. Kelso, Esquire Attorney I.D. No. 209107 Melissa L. Kelso, Esquire Attorney I.D. No. 306793 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 ALZMANN 79 St. Paul Drive • Chambersburg, PA • 17201 • (717) 263-2121 • Fax: (717) 263-0663 354 Alexander Spring Road • Suite 1 • Carlisle, PA • 17015 • (717) 249-6333 • Fax: (717) 249-7334 P.C, 239 B E. Main St. - Waynesboro, PA • 17268 • (717) 762-3170 • Fax: (717) 762-0988 105 N. Front St. • Suite 401 • Harrisburg, PA • 17101 • (717) 234-6700 • Fax: (717) 249-7334 SjfGHES ttorat Law 'F'1FN?T 1Ni"EGRITI IN`0'JATION <. *Please reply to Carlisle Office November 29, 2012 Tabetha A. Tanner, Esq. Tanner Law Offices, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Counsel for Walid Khalil Amal Essat 8 Richland Lane, Apt 8A 204 Camp Hill, PA 17011 Pro Se Richard H. Wix, Esquire Wix Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Counsel for Tarek Eltanbdawy Mr. Rasha Elnaggar 3102 Hoffer Street Harrisburg, PA 17103 Re: Kuan Fang Cheng v. Tarek Eltanbdawy, Amal Ezzat, Rasha Elnaggar and Walid Khalil Docket No. 09-7268 Dear Counsel and Parties: Enclosed please find a copy of Plaintiff, Kuan Fang Cheng's Praecipe for Voluntary Discontinuance of the above action against Rasha Elnaggar. It has come to our attention that this Defendant has obtained discharge of Plaintiff's claims in bankruptcy proceedings. Accordingly, Plaintiff will not and cannot pursue any claims against Mr. Elnaggar in this matter. If you consent to this Voluntary Discontinuance, please execute the attached Consent to Voluntary Discontinuance and return the executed copy to our office. Obtaining the consent of all parties will avoid a petition for a leave of Court to discontinue this action against Defendant, Rasha Elnaggar. Should you have any questions or concerns, please do not hesitate to contact me. Thank you for your attention to this matter. Very truly yours MLK/kar Enclosure ATTORNEYS G. Bryan Salzmann, Esq. James D. Hughes, Esq. Adam R. Schellhase, Esq. Scott T. Wyland, Esq. Charles E. Zaleski, Esq. Kurt E. Williams, Esq. SALZMANN HUGHES, C. Melissa L. Kelso, Esq. Samuel E. Wiser, Esq. Thomas J. Finucane, Esq. Eileen C. Finucane, Esq. Stephen E. Patterson, Esq. Nancy H. Meyers, Esq. Patricia R. Brown, Esq. Laura Rebecca Ables, Esq. George F. Douglas, III, Esq. Ann F. DePaulis, Esq. William W. Thompson, Esq. Rebecca R. Hughes, Esq. David H. Martineau, Esq. E. Lee Stinnett II, Esq. Tiffany M. Cartwright, Esq. Bradley J. Betack, Esq. Eric K. Grugel, Jason E. Kelso, " Melissa L. Kels i? ?VW??? SALZMANNHUGHES.COM - Jason E. Kelso, Esquire Attorney I.D. No. 209107 Melissa L. Kelso, Esquire Attorney I.D. No. 306793 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 KUAN FANG CHENG, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. TAREK ELTANBDAWY, AMAL EZZAT, NO.09-7268 CIVIL RASHA ELNAGGAR, and WALID KHALIL, _ Defendants PRAECIPE FOR VOLUNTARY DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above action discontinued as to Defendant, Rasha Elnaggar. Plaintiff, Kuan Fang Cheng, has obtained the written consent to permit this partial discontinuance against Defendant, Rasha Elnaggar, due to Defendant's discharge of any claims contained in this action in bankruptcy, as documented by the consent attached hereto and executed by all necessary parties. Respectfully submitted, SALZMANN HUGHES, P.C. Jason E. Kelso, Esquire Attorney I.D. No. 209107 Melissa L. Kelso, Esquire Attorney I.D. No. 306793 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 CERTIFICATE OF SERVICE On this day of , 2012, I, Melissa L. Kelso, Esq., do hereby certify that I have served a true and correct copy of the foregoing Praecipe for Voluntary Discontinuance upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below: Tabetha A. Tanner, Esq. Tanner Law Offices, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Counsel for Walid Khalil Amal Essat 8 Richland Lane, Apt 8A 204 Camp Hill, PA 17011 Pro Se Richard H. Wix, Esquire Wix Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Counsel for Tarek Eltanbdativy Rasha Elnaggar 3102 Hoffer Street Harrisburg, PA 17103 SALZMANN HUGHES, P.C. By: Jason E. Kelso, Esquire Attorney I.D. No. 209107 Melissa L. Kelso, Esquire Attorney I.D. No. 306793 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 KUAN FANG CHENG, Plaintiff VS. TAREK ELTANBDAWY, AMAL EZZAT, : RASHA ELNAGGAR, and WALID KHALIL, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7268 CIVIL CONSENT FOR VOLUNTARY DISCONTINUANCE AS TO DEFENDANT, RASHA ELNAGGER The undersigned, having authority to act on his or her own behalf or on behalf of his or her client, hereby consents to the voluntary discontinuance of the above action against Defendant, Rasha Elnagger. Date: Date: Tarek Eltanbdawy, by his Counsel, Richard H. Wix, Esquire Walid Khalil, by his Counsel, Tabetha A. Tanner, Esquire Date: Amal Essat KUAN FANG CHENG, Plaintiff VS. TAREK ELTANBDAWY AMAL EZZAT, RASHA ELNAGGAR, and WALID KHALIL, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7268 CIVIL CONSENT FOR VOLUNTARY DISCONTINUANCE AS TO DEFENDANT, RASHA ELNAGGER The undersigned, having authority to act on his or her own behalf or on behalf of his or her client, hereby consents to the voluntary discontinuance of the above action against Defendant, Rasha Elnagger. Date Date: L_ I Tarek Eltanbdawy, by his Counsel, Richard H. Wix, Esquire Walid Khalil, by his Counsel, Tabetha A. Tanner, Esquire Date: Amal Essat Scott T. Wyland, Esquire Attorney I.D. No. 52660 ` Jason E. Kelso, Esquire n?, fi'' ry Attorney I.D. No. 209107 F fJ .?w ....L }. T a Melissa L. Kelso, Esquire _- Attorney I.D. No. 306793 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 KUAN FANG CHENG, Plaintiff VS. TAREK ELTANBDAWY, AMAL EZZAT, RASHA ELNAGGAR, and WALID KHALIL, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7268 CIVIL PETITION TO MAKE RULE ABSOLUTE AND NOW comes Plaintiff, Kuan Fang Cheng, by and through his Counsel, Salzmann Hughes, P.C., and hereby petitions the Court to make rule absolute, and in support thereof avers as follows: 1. On or about December 18, 2012, Plaintiff filed a Petition to Discontinue Action as to Defendant, Rasha Elnaggar. 2. On or about January 2, 2013, the Court, by the Honorable Judge Christylee L. Peck, issued a Rule to Show Cause why the release requested by Plaintiff should not be granted. The Rule provided for a twenty (20) day response period. 3. The Rule was served on all Defendants. 4. The response period has ended. 5. As provided in Plaintiff s Petition to Discontinue, Defendant, Tarek Eltanbdawy, consents to the discontinuance. 6. Defendants, Amal Ezzat, Rasha Elnaggar and Walid Khalil have failed to timely file a response to Plaintiff s Petition and the Court's Rule. 7. No Defendant opposes Plaintiff s Petition to Discontinue and Plaintiff now requests that this Honorable Court make its Rule absolute and grant Plaintiff s Petition. WHEREFORE, Plaintiff respectfully requests that this Honorable Court make its Rule absolute and enter an Order granting Plaintiff s Petition to Discontinue Action as to Defendant, Rasha Elnaggar. Respectfully submitted, SALZMANN HUGHES, P.C. Melissa L. Kelso, Esquire Attorney I.D. No. 306793 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 CERTIFICATE OF SERVICE On this day of 2013, I, Melissa L. Kelso, Esq., do hereby certify that I have served a true and correct copy of the foregoing Petition to Make Rule Absolute upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below: Tabetha A. Tanner, Esq. Tanner Law Offices, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Counsel for Walid Khalil Amal Ezzat 8 Richland Lane, Apt 8A 204 Camp Hill, PA 17011 Pro Se Richard H. Wix, Esquire Wix Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Counsel for Tarek Eltanbdawy Rasha Elnaggar 3102 Hoffer Street Harrisburg, PA 17103 SALZMANN HUGHES, P.C. By: t.. i Melissa L. Kelso, Esquire Attorney I.D. No. 306793 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Jason E. Kelso, Esquire Attorney ID# 209107 Melissa L. Kelso, Esquire Attorney ID# 306793 Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Counsel for Plaintiff 1.J13FE0 4*20 AM II: 35 `'IJMBERl_r?ND COUNT PENUSYL'1ANIA KUAN FANG CHENG, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, . PENNSYLVANIA VS. TAREK ELTANBDAWY, AMAL EZZAT, NO.09-7268 CIVIL RASHA ELNAGGAR, and WALID KHALIL, Defendants PLAINTIFF KUAN FANG CHENG'S MOTION TO STRIKE DEFENDANT'S ANSWER AND NOW comes Plaintiff, Kuan Fang Cheng ("Plaintiff'), by and through his Counsel, Salzmann Hughes, P.C., and hereby moves to strike Defendant, Walid Khalil's Answer and in support thereof avers as follows: 1. Plaintiff initiated this breach of contract action against the named Defendants by the filing of a Complaint on July 21, 2009, in the Court of Common Pleas of Lebanon County; the action was subsequently transferred to Cumberland County. 2. Plaintiff makes claim against Defendant Khalil, for his breach of a commercial lease Agreement entered into by Defendants with Plaintiff for commercial property located at 3421 Simpson Ferry Road, Camp Hill, Pennsylvania. 3. On August 17, 2009, Defendant, Khalil, filed Preliminary Objections to Plaintiff's Complaint. 4. After the eventual denial of Defendant Khalil's Preliminary Objections, in part, Defendant Khalil filed an Answer with New Matter on or about February 8, 2013. 5. Defendant Khalil's Answer with New Matter fails to conform to rule of court, necessitating the filing of the present Motion to Strike. 6. Pa.R.C.P. 1028(a)(2) permits a party to object to a pleading if the pleading fails to conform to rule of court. Pursuant to Pa.R.C.P. 1024(a), a party must verify any averments of fact contained in his pleading that do not appear in the record by signing a verification that such averments or denials are true upon the signer's personal knowledge or information and belief. Pa. R.C.P 1024(c) requires that one or more of the parties filing the pleading make the verification unless the parties lack sufficient knowledge or information or are located outside the jurisdiction of the Court and cannot verify the pleading within the time allowed for its filing. 9. Where an individual other than a party to the action verifies a pleading, the pleading must contain a statement that sets forth the verifier's source of information and the reason why a party to the action could not verify the pleading. See McCormick v. Elkwood Co., 83 Pa.D&C 571, 62 Dauph. 449 (Dauph. 1953). 10. While a party's attorney may verify a pleading in appropriate circumstances, the attorney may only verify a pleading in a case that meets the conditions enumerated in this rule. Monroe Contract Corp. v. Harrison Square, Inc. 405 A.2d 594 (Pa. Super. 1979). 11. Defendant Khalil did not verify his Answer with New Matter, rather, his attorney verified the pleading. 12. The pleading does not set forth the reason that Defendant Khalil, was unable to verify the pleading and the pleading does not meet the conditions enumerated in Pa. R.C.P. 1024 that would permit attorney verification. 13. Accordingly, this Court should strike Defendant Khalil's Answer with New Matter. WHEREFORE, Plaintiff, Kuan Fang Cheng, respectfully requests that this Honorable Court strike Defendant, Walid Khalil's Answer with New Matter. Respectfully submitted, SALZMANN HUGHES, P.C. -/1-13 . 7i la Date. By. Jason E. Kelso, Esquire Attorney ID# 209107 Melissa L. Kelso, Esquire Attorney ID# 306793 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the rA day of d ??Cc , 2013, I served a true and correct copy of the foregoing document via United States m ' , first class mail, postage prepaid, and addressed as follows: Walid Khalil c/o Tabetha A. Tanner, Esquire Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Tarek Eltanbdawy c/o Richard A. Wix, Esquire Wix, Wenger & Weidner, PC 4705 Duke Street Harrisburg, PA 17109-3041 Amal Ezzat 8 Richland Lane, Apt 8A 204 Camp Hill, PA 17011 SALZMANN HUGHES, P.C. By: Melissa L. Kelso, Esquire Scott T. Wyland, Esquire ZO13 ��R Attorney I.D. No. 52660 PH 2: 09 Melissa L. Kelso, Esquire wtiM®EfiL,4 , C @VNT't Attorney I.D. No. 306793 PEt SYLVANIA SALZMANN HUGHES,P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 KUAN FANG CHENG, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. , TAREK ELTANBDAWY,AMAL EZZAT, NO. 09-7268 CIVIL and WALID KHALIL, , Defendants PLAINTIFF'S PRAECIPE TO WITHDRAW To the Prothonotary: Kindly withdraw Plaintiff Kuan Fang Cheng's Motion to Strike Defendant Walid Khalil's Answer with New Matter. Defendant Khalil filed a substitute Verification rendering Plaintiff s Motion to Strike moot. Respectfully submitted, SALZMANN HUGHES,P.C. Date: ' ���� By: —al/M Scott T. Wyland, Esquire Attorney I.D. No. 52660 Melissa L. Kelso, Esquire Attorney I.D. No. 306793 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the 0 day of , 2013, 1 served a true and correct copy of the foregoing document via United States mail, first class mail,postage prepaid, and addressed as follows: Tabetha A. Tanner, Esq. Tanner Law Offices, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Richard H. Wix, Esquire Wix Wenger&Weidner 4705 Duke Street Harrisburg, PA 17109 Amal Ezzat 8 Richland Lane, Apt 8A 204 Camp Hill, PA 17011 SALZMANN HUGHES, P.C. By. Z, Melissa L. Kelso, Esquire KUAN FANG CHENG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW TAREK ELTANBDAWY, AMAL EZZAT, RASHA ELNAGGAR, and WALID KHALIL, Defendants NO. 09-7268 CIVIL TERM IN RE: PLAINTIFF KUAN FANG CHENG'S MOTION TO STRIKE DEFENDANT'S ANSWER ORDER OF COURT AND NOW, this 14`x' day of March, 2013, upon consideration of Plaintiff Kuan Fang Cheng's Motion To Strike Defendant's Answer, and the Defendant Walid Khalil having filed a praecipe to substitute verification which includes a verification by Defendant Walid Khalil to the statements made in his Answer and New Matter, the motion is denied. BY THE COURT, CYO ChrisWlee L. Peck, J. -n Jason E. Kelson Esq. � ` `rn i/Melissa L. Kelso, Esq. c�nr C> Saltzmann Hughes, P.C. r-<-:z `� `- r,:, -0 o , 354 Alexander Spring Road c> M N v: rT» Suite 1 � `= Carlisle, PA 17015 Attorneys for Plaintiff Richard H. Wix., Esq. 4705 Duke Street Harrisburg, Pa 17109 Attorney for Defendant Tarek Eltanbdawy Amal Ezzat 8 Richland Lane Apt. 8A 204 Camp Hill, PA 17011 Defendant, pro Se ✓Tabetha A. Tanner, Esq. 1300 Market Street Suite 10 Lemoyne, PA 17043 Attorney for Defendant Walid Khalil :rc &YO5 ma ,�jlL- Scott T. Wyland, Esquire r MAR R 2 0 Attorney I.D. No. 52660 J �; ' ` ��'' 9 Melissa L. Kelso, Esquire -;N I�� i � COUNTY Attorney I.D.No. 306793 T TJN�iS YLVANIA SALZMANN HUGHES,P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 KUAN FANG CHENG, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 09-742 1P 8 TAREK ELTANBDAWY,AMAL EZZAT, NO-09 04; zyjLl and WALID KHALIL, Defendants PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes the Plaintiff, Kuan Fang Cheng,by and through his attorney, Salzmann Hughes, P.C. and hereby replies to Defendant's Matter as follows: 30. Admitted. 31. It is admitted only that Defendant Khalil, at some point prior to the natural termination of his Lease Agreement with Plaintiff, desired to terminate his Lease. Plaintiff is not aware of the status of Defendant Khalil's business ventures at that time. 32. Admitted in part and denied in part. It is admitted only that Plaintiff agreed to the early termination of Defendant Khalil's Lease Agreement in accordance with the terms negotiated by the parties. Plaintiff denies Defendant Khalil's characterization of the events giving rise to this suit. 33. It is admitted that Defendant Khalil presented three new Lessees to Plaintiff. 34. Admitted. By way of further response,please see the Termination of Lease Agreement entered into between Defendant Khalil and Plaintiff, a true and correct copy of which is attached hereto as Exhibit"A". 35. Denied. It is admitted that the Co-Defendant Lessees performed minor renovations on the leased premises. By way of further response, Defendant Khalil sold equipment and supplies to the new Lessees, some of which were not owned by Defendant Khalil and were owned by Plaintiff as fixtures in the premises. Plaintiff denies that the premises were no longer useable by Defendant Khalil. Finally, see Exhibit"A." 36. Denied. Defendant Khalil agreed to personally guarantee the performance of the new Lessees for a period of twenty-four(24)months. See Exhibit"A". 37. Denied. See Exhibit"A". 38. The Statute of Frauds statute speaks for itself. 39. Denied as a conclusion of law to which no responsive pleading is required. By way of further response, Defendant Khalil agreed to personally guarantee the lease for only a twenty-four(24)month period. Finally, see Exhibit"A". 40. The Statute of Frauds statute speaks for itself. 41. Plaintiff denies Defendant Khalil's characterization of Plaintiff s claims. Plaintiff cannot ascertain what Defendant Khalil admits or denies. The remainder of this Paragraph is denied as a conclusion of law to which no responsive pleading is required. Finally, see Exhibit «A„ WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant Khalil. Respectfully submitted, SALZMANN HUGHES, P.C. Date: By: Sco t T. Wyland, Esquire Attorney I.D. No. 52660 Melissa L. Kelso, Esquire Attorney I.D. No. 306793 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Counsel for Plaintiff AGREEMENT TO TERMINATE LEASE THIS AGREEMENT made as of this day of 2008, by and between KUAN FANG CHENG, of Lebanon, Pennsylvania (hereinafter referred to as "Landlord"), and WALID KHALIL of Camp Hill, Pennsylvania (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, Landlord is the owner of a tract of ground with a building erected thereon, situate in Hampden Township, Cumberland County, Pennsylvania, located at 3421 Simpson Ferry Road, Camp Hill, Pennsylvania, more particularly described on a deed recorded at Deed Book 165, Page 237 in the Cumberland County Recorder of Deeds Office (hereinafter the "Premises"); and WHEREAS, Landlord and Tenant entered into a Lease Agreement concerning said Premises on or about October 1, 2007; and WHEREAS, Tenant has asked to be relieved of some of his responsibilities under the Agreement and has asked that Landlord enter into a new Lease Agreement for the Premises, with the Premises to be leased to Rasha Elnaggar, Amal Ezzat and Tarek Eltanbdawy; and WHEREAS, Tenant has agreed to the termination of the lease provided that Tenant pays all amounts he owes and also guarantees the performance of Rasha Elnaggar, Arnal Ezzat and Tarek EltanbdaNvy. S�fc(f+1'o-e ey- Fp 2— c)V,4V `y-C) Z-F fiA a PC) W k NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto, intending to be legally bound, do hereby agree as follows: EXHIBIT 1. Premises. The Premises consists of a tract of ground and building thereon located 3421 Simpson Ferry Road, Hampden Township, Camp Hill, Pennsylvania, more particularly described on a deed recorded at Deed Book 165, Page 237 in the Cumberland County Recorder of Deeds Office, having erected thereon a building used for a restaurant. 2. New Lease Agreement. The parties agree that Landlord may immediately enter into a New Lease Agreement for the Premises with Rasha Elnaggar, Amal Ezzat and Tarek Eltanbdawy as co-tenants. The original Lease Agreement between Landlord and Tenant shall remain in full force and effect until a New Lease Agreement is accepted by all parties thereto. 3. Paymen . Tenant shall pay to Landlord all amounts due under the original Lease Agreement through August 15, 2008, including but not limited to 2007 County tax in the amount of $1,600.00, 2008/2009 School tax in the amount of $9,563.54, all water and sewer bills (believed to currently be $1,000.00), equipment purchase price of$8,000.00 and rent that was due July 15, 2008 in the amount of$5,500.00. After deducting Tenant's security deposit, the amount currently owed is $14,663.54. Landlord shall advise Tenant if any additional amounts are owed in connection with Tenant's tenancy, and Tenant shall promptly pay same. L W t(' -TF +-�-e --3xee-k�- I's V\0� CA", 4t,,��r " I/ - V(7 1F 9 Y-zx-t, �i"�� W� e- 4. Personal Guarantee. Tenant shall enter into a separate agreement to personally guarantee performance of the new Lease Agreement with Rasha Elnaggar, Amal Ezzat and Tarek Eltanbda-,vy. 5. Liability. Tenant hereby releases Landlord from any future liability for any and all injuries or damages -which may be suffered by Tenant, its successors and assigns, in its use of the Premises, as a result of the negligence, business operations, or any other activity of the Tenant, on any portion of the Premises. Tenant covenants and agrees that it will bear, pay and discharge, when and as the same become due and payable, all judgments and lawful claims for damages or otherwise against Landlord arising from Tenant's LISC or occupancy of said Premises, and will assume the burden 2 and expense of defending all such suits, whether brought before the expiration of this Agreement of Lease, or otherwise, and will protect, indemnify and save harmless the said Landlord, its agents, servants, employees, heirs and personal representatives by reason of or on account of the use or misuse of the said Premises hereby leased, or any part thereof, due to the negligence of Tenant, or of its agents, servants or employees. 6. Confession of Judgment. Any attorney may appear for Tenant in an amicable action of ejectment for said Premises in any court having jurisdiction and may confess judgment therein with costs in favor of Landlord, and those claiming under Landlord and against Tenant, and against those claiming under Tenant and Tenant authorizes the immediate issuing of a writ of possession with clauses for the recovery of a money judgment for costs without asking leave of court. If rent or any charges hereby reserved as rent, or any other sum payable hereunder, shall remain unpaid when the same ought to be paid, Tenant hereby empowers any prothonotary or attorney of any court of record to appear for Tenant in any and all actions which may be brought for rent, liquidated damages or other charges or expenses agreed to be paid by Tenant hereunder and to sign for Tenant an Agreement for entering into any competent court an amicable action or actions for the recovery of rent, liquidated damages or other charges or expenses, and in said suits or in said amicable action or actions to confess judgment against Tenant for all or any part of the rent including, at Landlord's option, the rent for the entire unexpired balance of the term of this Lease, and any other charges, payments, costs and expenses reserved as rent or agreed to be paid by the Tenant as well as liquidated damages, and for attorney's fees, interest and cost together with an attorney's commission of fifteen (15%) percent thereof. Said authority shall not be exhausted by one (1) exercise thereof, but judgment may be confessed as aforesaid from time to time and as often as any of said rent or other charges reserved as rent or liquidated damages shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the original term or during any extension or renewal of this Lease. 7. Attorneys' Fees. In the event that Landlord shall be required to engage legal counsel for the enforcement of any terms of this Agreement, whether such employment shall require institution of suit or other legal services required to secure compliance on the part of the 3 Tenant, Tenant shall be responsible for and shall promptly pay to Landlord the reasonable cost of said attorney's fees. 8. No Waiver. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. WI LANDLORD: KugFanf Cheng TENANT: Wa ' Khalil 4 CERTIFICATE OF SERVICE I hereby certify that on the l'( day of T V V-L,-( c-�, , 2013, I served a true and correct copy of the foregoing document via United States mail, first class mail,postage prepaid, and addressed as follows: Tabetha A. Tanner, Esq. Tanner Law Offices, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Richard H. Wix, Esquire Wix Wenger&Weidner 4705 Duke Street Harrisburg, PA 17109 Amal Ezzat 8 Richland Lane,Apt 8A 204 Camp Hill, PA 17011 SALZMANN HUGHES, P.C. By: CY' Melissa L. Kelso, Esquire • KUAN FANG-CHENG, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 2009-7268 v. § § CIVIL ACTION - LAW TAREK ELTANBDAWY, c7. AMAL EZZAT, c" c RASHA ELNAGGAR, AND § n rn y. WALID KHALIL § n; ' ; Defendants § =` PETITIONER'S MOTION TO MAKE RULE ABSOLUTE - AND NOW, comes the Petitioner, Tabetha A. Tanner, Esquire, and moves this Honorable Court to grant her Motion to Make Rule Absolute,and in support thereof,presents the following: 1. On January 24, 2013, Petitioner filed a Petition to Withdraw Appearance requesting that she be permitted to withdraw her appearance on behalf of Defendant, Walid Khalil. 2. Mr. Richard Wix, Esquire, and Ms. Melissa Kelso, Esquire, consented to the relief requested in the Petition. 3. On January 30, 2013, the Court issued an Order directing the Defendants, Khalil, Ezzat, Elnaggar and to show cause, within 20 days of service, as to why Petitioner's Petition to Withdraw Appearance should not be granted. 4. On February 13, 2013, the Court issued an Order discounting this action against Defendant, Rasha Elnaggar. 5. On February 13,2013,Defendant,Amal Ezzat,called Attorney Tanner's office and indicated her consent to the request to withdrawal. 6. Defendant Khalid has failed to file an answer to the Petition to Make Absolute. WHEREFORE, Petitioner respectfully requests this Honorable Court grant Petitioner's Petition to Withdraw Appearance,and enter the proposed Order attached hereto. Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 S KUAN FANG-CHENG, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 2009-7268 V. § § CIVIL ACTION - LAW TAREK ELTANBDAWY, § AMAL EZZAT, § RASHA ELNAGGAR, AND § WALID KHALIL § Defendants § ORDER OF COURT AND NOW,this e�s-et day of y�C2�o�I�Ltc��" ,2013,upon consideration of the Petitioner's Petition to Withdraw Appearance, having found that Respondents have failed to show cause why the Motion should not be granted, and upon further consideration of the Petitioner's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the appearance of Tabetha A. Tanner and Tanner Law Office is hereby withdrawn. BY THE COURT: J. � r�w N L 1 �'Cn µ" �ZpS�iC, jnQ��q� Cn ej 14 r��� a 7