Loading...
HomeMy WebLinkAbout10-7342 FILM-GR ICE OF THE PROTHONOTARY 2010 DEC -6 PM 1: 33 CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AFFIDAVIT: therein on on I hereby (swear) (affirm) that I served ; ss a copy of the Notice of Appeal, Common Pleas No. 10-7342 Civil , upon the Magisterial District Judge designated (date of service) December 3, 2010, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) HARRY GROSSMAN do DAVID J LANZA ESQ, December 3. , 2010 ?by personal service sender's receipt attached hereto. VOR ) (AFFIRMED) AND SUBSCRIBED BEFORE ME IS3- DAY QFWcf*W-201 J Signature of official was made Title of ofFic t My commission expires onJut e2 2012_ TH OF PEAN?r8Y1YANIA NOTARIAL s?r. TausM P. MaJor Wary Pubk C_Ny of Phfl*doW", Phbdoo la Cowity Wftift 00iiXU b ANWOM of ?b1aMM by (certified) (registered) mail, f atU/e of affiant AOPC 312A - 05 L .? . lr .?' ... . ;,..» .„.,. ? ,. y e ?? %..:y December 3, 2010 Attorneys at Law Suite 935, One Penn Center 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 tel. 215.665.1133 fax 215.563.8970 www.mniowpi.com Donald S. Maurice Member NJ Bar Board Certified Creditors' Rights Law American Board of Certification Joann Needleman Member PA 8 NJ Bar Thomas R. Dominczyk Member NJ, NY 8 PA Bar Charlene A. Taylor Member PA Bar New Jersey Office Maurice 8 Needleman, P.C. Suite 2007 5 Walter E. Foran Blvd. Flemington, NJ 08822 tel. 908.237.4550 fax 908.237.4551 Our File No. 14468 ioannQ)mnlawnc.com Direct Dial: 215-789-7151 VIA CERTIFIED & REGUALR MAIL David J. Lanza, Esq. 2132 Market Street Camp Hill, PA 17011 RE: HARRY GROSSMAN v. SLM FINANCIAL GROUP t/a SALLE MAE INC NOTICE OF APPEAL Dear Mr. Lanza: Enclosed please find Sallie Mae's Notice of Appeal in the above matter along with a Rule to File Complaint. A complaint must be filed with the Cumberland County Court of Common Pleas within twenty (20) days of the date you are served with this Rule. Please contact the undersigned upon receipt of this letter to further discuss this matter. Thank you in advance for your cooperation. & NEED MAN, P.C. man, Esq. 7thefinn JN/ce stamip U..,C IF .14`gftN, • ?a j: ssaippy s .anuac =QJ a r C7 O O C7 I W ?/ D CL 0) W c C a W ?_ - J i_ > Q N M 1 < r-4 a > n o{ a ° DLO 3 CL N • m W m -n Z -a r z N gip. a < _ mAmc) m o y a < ? I- m = a 3 $ 'v Wr M S?° ° o. 71 go 0 D D' N m 4 g' o b v zm z Cn T n IH $ a • y z CD v --I • m R, __L (D cmn o .a CDP N • °' • Z CA) +' p A. t p n m y 0) C PS Form 3800,2104 -- ;a o -p m 0 (D (D 0 _ ?G.(?D y 30 n N O - m •----- ? 3 W < M c~n` x0 ae° m ? CD :; Ln CD Ln u, - -, r _ m jr D 40 . ''AA N ? Nq N N O tttt? O rr?i.. i. -OD 41 C3 ` AOO? g - ?VI Q CIO 0 m C W N 3i T O? o ti }dleaea lenplnlpuI O, C O - ?? 0) CO =rnW> -4 c t o n O Zn n, mxm 0,v r- ° -vm 3N<. a -o°rmso 13 a a O _K C- Q. Dpzm D A N M;ucn 1 ? ? m ?. w?tsv°,tr m O (p m ° D (D z o°w(Aml"o W -4 ??. • .w?.. n 0 1,61,£899000SZ90 ?(?anl a • 86elsod pue `pJeO ssajPPd I o O `lagej pew p91111eo © OssajPP`d uinlall Papelly 96elsod qpm ao Qssajppy Aianllaa © lagej IIeW palllpao O (pied;di•aaa ujn;aa s•sn) (pjeo;di•a•b uin;•a ON) aaWag;d!aoaa ujn;aa aa!n.iag Aeoab ujn;aa H.11M How p9111peo 0 inoi Him I1eW Pei !Poo 0 ai. 068d 991410 dot i 006E-309 ®W0`7. sdaue= December 3, 2010 Attorneys at law Suite 935, One Penn [enter 1611 John F. Kennedy Blvd. Philadelphia, PA 19103 tel. 215.665.1133 fax 215.563.8970 www.mniowpc.com Donald S. Maurice Member NJ Bar Board Certified Creditors Bights Low American Board of Certification Joann Needleman Member PA & NJ Bar Thomas R. Domincxyk Member NJ, NY & PA Bar Charlene A. Taylor Member PA Bar New Jersey Office Maurice J: Needleman, P.C. Suite 2007 5 Walter E. Foran Blvd. Flemington, NJ 08812 tel. 908.237.4550 fax 908.237.4551 Our File Number: 14468 joanIlr!mnlawye.com Direct Dial: 215-789-7151 VIA CERTIFIED & REGUALR MAIL Hon. Charles A. Clement, Jr. Magistrate District Court 09-1-01 400 Bridge Street Old Town Commons, Suite 3 New Cumberland, PA 17070 RE: HARRY GROSSMAN v. SLM FINANCIAL GROUP T/A SALLE MAE INC Case No. CV-411-10 Dear Judge Clement: Enclosed please find Sallie Mae's appeal of the above matter that was field with the Court as of November 24, 2010. Thank you for your attention to this matter. Please feel free to contact the undersigned should you have any further questions. Very Truly Yours, MAURICE & N.F uYNeedleman, Esq. the Firm JN/ce cc: David J. Lanza, Esq. P.C. stain .comet Certified Mail WITHOUT Return Receipt Service (No Return Receipt Card) O Certified Mail Label with Postage Attached D O SDC-3900 © Delivery AddressQ or Return AddressQ U 11 Q 0 ce) LLJ T- LLI I- CD Z r- 0 W a U WZ0Q ZZ>= 06 a m LLJ 0Z LL U ?O?g <rnT-a 1W Top of the Page -fir 0 Certified Mail WITH Return Receipt Service (Uses Return Receipt Card) © Certified Mail Label, Card, and Postage a ' 062S000M3191 FE; U NFg?Nf 1 1tlN??o 400-a 0w 2 ULLU.O 1 ----- ---- O Individual Receipt ?? ?- 0 C3 W , in W , n cm I It C1 0 rrnn rl I BOO M O N N O ? s ir?? vs w U W 0) 0 LL E m c? um r ` w Z . C1 0 a o 0 ) a) CM r • 0 ) a v W o 0) (D N S!eEa W t: W ) p 0 0) a LL a U x f- 110/Z'008E W10 -A sd O i O o Z CY) r `e 0 cc a G P o) r S W NUca)d pW a ? CL m o o W V v _ ?-0 cE W V « ` c m LY fA W p Q m Ew W Z?Q ZZ>= ' a _ M c 0 ?pVfn 0) a 'a Wma ` m m o a V ca :? c rn E c z n J ns 3 W a. 13 -? W Y W 3? ? Q U LL m J M1 ?? Vin0 CO ?0? = g o ?? t- ?m o? C W ? LO C • c N ?-+ tY O F• Ln a =COVZ Q D ?? C N v ¢ ? IL ?/ X C r < m O Delivery Address co Ct) O G) r ? ?rn ti 0 4) o E O rn c? Q az'Ucma U ? 0 Q E?c ctz 15 E., y0 O? N U M +? C E U N?coU X2 Vz - = O co M 0) =-,o 0 = O 0 M 0 =04- ` e a. o lm o N_ t` 06 00) .?.. tv C m G E U N o?U _ m 0 to 2 _Mm 42 0 ° o B - a I+ a a `? a N a t LL C W N ? LL ? O s _ N m L 9 N m < o d ? 4 m ° ` y v o Q v c m - o a d d V ri ? O U Sender Address • " ? ? ?u« rri iwwsmY 4hhp 'lESP OOih hGh5 SS2d WOE' C`e`dW Pr nu srs uru tFO' r David J. Lanza I'.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 HARRY GROSSMAN, Plaintiff V. SLM FINANCIAL GROUP T/A SALLIE MAE, INC. Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7342 CIVIL ACTION - LAW NOTICE TO DEFEND To the Defendant: .:> u , 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 David J. Lanza I.D. No. 55782 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attorney for Plaintiff HARRY GROSSMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SLM FINANCIAL GROUP T/A SALLIE MAE, INC. NO. 10-7342 CIVIL ACTION - LAW COMPLAINT 1. The Plaintiff, Harry Grossman, is the owner of the real estate situate at 518 Bridge Street, New Cumberland, PA 17070. 2. The Defendant, SLM Financial Group t/a Sallie Mae, Inc., is a business entity of undetermined nature with an address c/o Joanne Needleman, Esquire, 935 One Penn Center, 1617 John F. Kennedy Blvd., Philadelphia, PA 19103. 3. On or about June 1, 2005, Plaintiff and Defendant entered into a Lease for the premises at 518 Bridge Street, New Cumberland, PA 17070, whereby Defendant agreed to pay rent in the amount of $ 1,771.00 per month to Plaintiff with a subsequent increase to $ 1,912.00 for the twelve months ending July 2007. A true and correct copy of the aforesaid Lease is attached hereto as Exhibit "A." 4. The parties subsequently extended their lease to a month-to-month tenancy upon the expiration of the original Lease. Defendant 5. Defendant has failed to pay rent for August 2007 in the amount of $712.00. 6. Defendant has damaged the premises in violation of the Lease, including damage to the doors, carpet, ceiling tiles, walls, mouldings, cabinets, bathroom fixtures, lights, windows, signs and related items. 7. Defendant failed to clean the premises, resulting in cleaning expenses for Plaintiff. 8. Defendant failed to pay trash and utility bills, resulting in additional expense to Plaintiff. 9. Defendant abandoned debris in the debris, thus forcing Plaintiff to incur disposal expenses. 10. Defendant failed to return its keys, forcing Defendant to incur additional costs for lock replacement. 11. Plaintiff has been forced to incur filing fees with the District Justice for the purpose of obtaining judgment against Defendant. 12. Pursuant to § 17 of the Lease, Defendant is obligated to reimburse Plaintiff for all attorney fees incurred in enforcing the Lease. 13. Plaintiff is expected to incur attorney fees in the amount of $2,500.00 in pursuing this action. 14. There is justly due and owing from Defendants to Plaintiff the sum of $ 8,950.76, calculated as follows: Unpaid rent 712.00 Cleaning 725.00 Replacement of ceiling tiles 187.50 Carpet cleaning and stretching 175.00 Lock and door charges 126.90 Removal of debris 165.00 Wall and moulding repair 825.00 Repair bath and kitchen cabinets 75.00 Replace bathroom fixtures 121.00 Replace missing and broken lights 319.50 Replace broken windows 511.79 Sign repair and replacement 190.00 Trash and utility charges 2,168.82 Attorney fees 2,500.00 District Justice filing fees 148.25 Total $ 8,950.76 15. Defendant, despite demand, has failed to pay the required amounts due. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $ 8,950.76, plus costs, attorney fees through the time of trial and interest. Respectfully submitted, David J. Lanza Attorney 1. D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff 56-14 VERIFICATION I, Harry Grossman, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. l? Date: ` t By: -G2 .?•r Harry Grossman CERTIFICATE OF SERVICE AND NOW, this 5t' day of January, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Joanne Needleman, Esquire 935 One Penn Center 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 By: David J. Lanza U-14 G4Z A. r. lent lAsm aqgvas to pry. widow demand, to Lessor as rent for the dmisd premises the ?ppt?ssq ( udt r cale,nd. etas 1)opao (t °O Per roesth in g ad an payable le the d/42 ymth Iani 2 Qp sj peye at CkY 9( 8nelsof yyt at 1/ otberpkmmLeor mh' desile ?ttVAW7v?- AA ystT /.7 /?Jlvrd` 470C 6A50 Ju?vB'tj?+oc(i/ ?Aire) ?Wq ?.s2140vo 6' '. 'l•F /Psee ti5ius ft, /tn...? Lek 'La[?io,ad .7-'l f I'9 uz??i ?/ 3. Quiet Sghoyareat Iauor covenants that on paying: the raft and performing the covenants herein mntaloed, Looses shag peaesfflly and quietly have, hold and enjoy the demind promises for the agreed term. q. Use of Pro rim ohs demInd promises shall be used andf occupied by I in exclusively as ? j j filstal 'r& - and naidw the promises nor any part thereof shag be used at any thw urhag the tam of this leaaeby Loos for any other purpose. Lase shall comply with all the military Isms ordinances rules, gad orders of appropriate prernmenai and orld" affecting the cloudiness, and prosavation of the datnhsd premiss, and the sidewalks coansetd tbrao, dating dw tram dt ? law 5. Condition of Promises. !.arse stipuMtes that he has oominod the danird pefmius Including the grounds and all bWMliole awl imps-maetb, sad that fhry era, at the thug of this hseae, to good order, repair, and In a ale, dean, and tammtahla candidate. Law ratios upon his Inspection of the prentisss and as roproenhtirms, warranties or implied watt actin, with ralpird to the premlw, except m satforth spacifoolly back. Premises are accepted In an Im4s, condition. v,%e7 4aeyr/,•6 (*W . /A/ 9S ? 6* 0-7*N. 6. Assigmamt end 8ableniag. Without prior written consent of law, lass dull not aaefga,tWa•,'was; eoaa+aarbbit+t.or ikenss daaued to a aHOpt . ___..... ca,mat by taro to one artgonow eaWrama aaneaWon, or to any subsequent aasipmemt, aublsetleg, commission, or Voom An asOlommt. subletting, convention, or license without the prior written consent of famor, or an mehpmest or subletting by operation of law, shell be void and ahtahi, at Lassoes 01111096 tamfOAU this lees. Aukmfaea or subletting may he prdtibited by Itmor with or without awe and in Lessees sole diaaetioo. 7. Alterations mad Tmprorsmeats. Lam sing maha no alterations to the buildhegs or the durniml promises or construct any building w male other Imptovanenb on the dmised promises, without the prior writtam newmn at Lanor. All skereetbes rbaales, and 1 4. - vamsmts built, constructed, or plated an the de mbod promisee by fmsee, with the exception of Autom removable without dwaap to the piamira and movable personal prepedy shell, udar otbeMrLs provided by written agtaaneut between law and laws, be the property of Laver and rowdo an the doodled practises at the expiration or upon sooner tenuisatlon of the laws. At the option of Lemur, f.esser may remove any alteations or Improvements made without the written sweet of Lamar and charge Looses for costa of toaoval and costs to restore the promises to Its prior condition which shall be a charge and fee due under this Issa. & to Pranks. To the avant of damage to the preanlam fasar, at Lessees sole option, shell datermiwn wlwbr to npdr ehasm w and, If Laver debsadmr not to repair the an= and such failure repair matrisl y letafaea with the value of the lame, the same shell torminate the term of the law hetwfdor. Loam shelf is responsible to maintain insurance on the premiss for the coat of as repairs. 9• TMusesoaa Maeerbds. Lmm aW not keep or have on the lend premises anything of a dangerous Inflammable, or explosive character the might wnamn t usaw the dealer of lint an the leased pra alses or that might be cerreldeaed brmtdoue or extra by any responsible insurance any. Losses shall not violate any team of any Insurance po11vy on a promises or my repletion or gxnnpamW powleme ed mdbw ntr y onflo-ar Asaft- owrmtag the premier. nor any building. code or teoing code thereto. to. Utilities. lames shall be responsible for amwghtg for and paying for all utility services required on the premiss. u. Maintermnce and "fr. Lam will, at his sole expense, keep and msinbin the leased prmaisr and appurbuemoss In god and rokary condition and repair during the term of this Ise and any renewal fhaed. In parde dap, [aces dell by the flxatm on or about the issued premis In good order and repair, lamp the foram dean; keep the electric bdk in order; keep tie walks fees from dirt and debris; and, at his sole organs, " make all required re airs to the plumbing, range, heating apparatus, and elsetrie and ps 6tetaaa wbaeevs dwsp thmso shall have resulted from lasm s miswm, waste, or negicator duds his aaploM ilea y, apmt, 4t vhRar. Mnhor malateamtoe and repair of the kaaW premier, riot those to Leseats missm weals, or cagiest or that of his employes family. *Mt. or visitor, shall be the b of tenor or hit migw. Lowest yrss that m sloe slag be placed or painting done on or about?i prmoism by ivmee or at his dheelket without the prior written consent of laver. 32: night of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this low and any renewal thereof to enter the demised premises for tine purpose of inspecting the premises and all building and Improvements therson. 13: Display of Sigtre. During the Lill ` OR days of the lean, Lessor or his agent shell have the privilege of displaying the usual 'For Sale' or 'For pent' or 'Vaaecy" signs on cite demised promises and of showing tit* property to prospective purchasers or tenants. Iq. Subordination of Lease. This lase and Loma's leasehold Interest hereunder are and shall be subject, subordinate, and inferior to, any liens or encumbrances now or herwfter placed on the demised premises by Lector, all advances made under any such Ilene or encumbrances, the lot~ payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 15• Holdover by Lessee. Should Laws remain in possession cribs demised premises with the consent of Lessor after the natural expiration of this lase, a new month-to-month tenancy shall be crag) between r and Lases which shall iubject to all the terms and condition herwf but shall be terminated on days written notice served by either Lessor or Pewee an the other party. Holdover by the Lassa, without the consent df Lower, shall five the Lessor no additional rights and, on two (a) days notice from Laser, rent or any hold aver shall htoiwa a both parties agree shall be reasonable under the circumstances, to twice the rental charged herein. Any cats for eviction or termination during any holdover period, Including reasonable altemays fans, of lessor, shall be paid by Lessee an part of the charges under this Ice. 16. Surrender of Priamises. At the expiration of the lee term, Lesser shall quit and Sumnder the premises hereby dem(ad In u good state and condition as they were at the commencement of title lease, reasonable use and war thereof and damages by tits elements expected. 17• Def udt. If any default Is made in the payment of rent, or any part thereof, at tine times hereinbefore specified, or if any default 4 made in the performance of or compliance with any other terms or conditions hereof, this lean, at the option of Lowe, shall taranhrate and be forfeited, and Lgpor may re-enter the premise and remove all persons therefrom. Lean shall be given written notice of any default or breach, and termination and forfeiture of the law shall not result if, within 4_ days of receipt of such notice, Lena has corrected the default or broach or has taken action reawmbly likely to-effect such correction within a reasonable time. Lessee shall pay all reasonable attorneys' free necessary to enforce Lessor's rights. 18. Abandonment If at anytime during the term of theism Lewes abandons tits demised promises or any part thereof, lessor may, at his option enter time dambed premises by any mans without being liable for any prosecution therefore, and without becoming liable to Lam for damages or for any payment of any kind whatever, and may, at his dlscredon, as agent of Levee, rehet the demised promises, or any part thereof, for tits whole or any part of the then umpired term, and may receive and enlleet AN rent payable by virtue crouch raletting, and, at Lewes option, hold Luc liable for any dlffereneeletween the rent that would have been payable under this iew durithebaiance of the unexpired term If this ?jy? ?a?I_ -%' 5y maim 4 eU&- e_, its right of to-entry is enerclaed following Abandonment of the prtanbw by lessee, then Laver may consider any personal pro perty bebadng to lessee and left on the promises to also have been abandoned In which case tower may dispaee of a h such personal property in any manner Lessor shell deem proper and Is hereby relieved of all Ilability for doing so. 19. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed a conditions of this lase. 20. 21. TIME IS OF THE ESSENCE. IN N WHEREOF, the parties have acted this lease on {re aay'7r d year first above w en. CN, nGi4?aL O1TCE ?Stnw establishes rights and obligatlotu for p to ran ag een ente 7fi agreement 4 required to comply with tine That in Renting Act or the. applleahie Landlord Tenant Statute or code of your state. If you have a question abut the interpretation or legality of a provision of this agreement, you may want to seek asetstanee from a lawyer or other qualified person. • M M MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 = = Attorneys for Plaintiff M z W t"•? ? vt-? = 2 =C) C) HARRY GROSSMAN Plaintiff, V. SLM FINANCIAL GROUP T/A SALLIE MAE INC Defendant(s). CUMBERLAND COUNTY COURT''dF COMMON PLEAS Case No. 10-7342 Civil DEFENDANT'S ANSWER TO THE PLAINITFF'S COMPLAINT . WITH NEW MATTER Defendant, SLM Financial Group t/a Sallie Mae Inc, ("SLM") by and through its counsel, Joann Needleman, Esq responds to the Plaintiff's Complaint as follows: 1. Admitted. 2. Denied. Sallie Mae Inc and SLM Financial Group are wholly owned subsidiaries of SLM Corporation whose principal place of business is 12061 Bluemont Way, Reston, VA 20190. 3. Exhibit A speaks for itself. 4. Denied. Defendant is without knowledge or information to form a belief or opinion as to the truth or veracity of this allegation therefore strict proof is demanded at trial. 5. Denied. To the contrary, payment for August rent was tendered to the Plaintiff on January 23, 2009. 6. Denied. Defendant is without knowledge or information to form a belief or opinion as to the truth or veracity of this allegation therefore strict proof is demanded at trial. 7. Denied. Defendant is without knowledge or information to form a belief or opinion as to the truth or veracity of this allegation therefore strict proof is demanded at trial. 8. Denied. Defendant is without knowledge or information to form a belief or opinion as to the truth or veracity of this allegation therefore strict proof is demanded at trial. 9. Denied. Defendant is without knowledge or information to form a belief or opinion as to the truth or veracity of this allegation therefore strict proof is demanded at trial. 10. Denied. Defendant is without knowledge or information to form a belief or opinion as to the truth or veracity of this allegation therefore strict proof is demanded at trial. 11. Denied. Defendant is without knowledge or information to form a belief or opinion as to the truth or veracity of this allegation therefore strict proof is demanded at trial. 12. Denied. Defendant is without knowledge or information to form a belief or opinion as to the truth or veracity of this allegation therefore strict proof is demanded at trial. 13. Denied. Defendant is without knowledge or information to form a belief or opinion as to the truth or veracity of this allegation therefore strict proof is demanded at trial. 14. Denied. Defendant is without knowledge or information to form a belief or opinion as to the truth or veracity of,this allegation therefore strict proof is demanded at trial. By way of a further response, Plaintiff's allegation of monies owed are unjust, unwarranted and without any merit or legal basis whatsoever. 15. No response required. WHEREFORE, Defendant respectfully requests that Plaintiff's complaint be dismissed with prejudice. NEW MATTER 16. Plaintiff s complaint fails to state a claim for which relief can be granted. r 17. Plaintiffs claims are barred by the applicable statute of limitations. 18. Plaintiffs claims are barred by the doctrine of laches. 19. Plaintiffs claims are barred by the doctrine of waiver and estoppel. 20. Plaintiffs claims are barred by the fact that Defendant has performed fully pursuant to the terms of the Lease. 21. Plaintiffs claims are barred by the doctrine of unclean hands. 22. Plaintiff's claims are barred by his failure to indispensible third parties. 23. Plaintiffs clams are barred by his failure to mitigate his damages. 24. Plaintiff's claims are barred by the fact that he seeks damages and relief not set forth in the Lease. 25. If Plaintiff did suffer any injuries, a claim SLM denies, same was caused solely by third parties over who SLM has no supervision, control or responsiblity. 26. Defendant reserves the right to supplement and amend its New Matter. WHEREFORE, Defendant respectfully requests that Plaintiffs complaint be dismissed with prejudice. Respectfully Submitted, 5"UIPCE &,/NXERLEMAN, P.C. eedleman, Esq. Date: January 28, 2011 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 Attorneys for Plaintiff HARRY GROSSMAN Plaintiff, V. SLM FINANCIAL GROUP T/A SALLE MAE INC Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 10-7342 Civil CERTIFICATE OF SERVICE I, JOANN NEEDLEMAN, ESQ., do hereby certify that I have caused a true and correct copy of Defendant's Answer to the Plaintiff s Complaint with New Matter to be served by United States 1St Class mail, postage prepaid upon the following: DAVID J. LANZA, ESQ. 2132 MARKET STREET CAMP HILL, PA 17011 iveeaieman, Esq. Date: January 28, 2011 Respectfully Submitted, David J. Lanza, Esq. Attorney I.D. No. 55782 2132 Market Street Camp Hill, Pa. 17011 (717) 730-3775 Attorney for Plaintiff i)-oi 1 10E, r THE PR0 �1 HONt .R'Y 211I4 0CT 28 AM 8 03 CUMBERLAND COUNTY PENNSYLVANIA HARRY GROSSMAN Plaintiff vs. SLM FINANCIAL GROUP T/A SALLIE MAE, INC Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7342 : CIVIL TERM To the Court: Plaintiff intends to proceed with the above captioned matter. Date: 56-14 Respectfully submitted, By: David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, Pa. 17011 Telephone (717) 730-3775 Attorney for Plaintiff