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HomeMy WebLinkAbout12-2941DUNCAN & HARTMAN, P.C. i By: William A. Duncan, Esq. 7 a I.D. No. 22080 Attorneys for Plaintiff 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 bill@duncanhartmanlaw.com 0. & O. RENTALS : IN THE COURT OF COMMON PLEAS c/o William A. Duncan, Esq. : CUMBERLAND COUNTY, 1 Irvine Row : PENNSYLVANIA Carlisle, PA 17013 : CIVIL ACTION - LAW Plaintiff 3V( NO. -aqql MIKE YINGLING, President RE/MAX/Delta Group Inc. 1909 Ritner Highway, Suite # 1 Carlisle, PA 17013 Defendants ARBITRATION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (3"k N\ u3.-ISPx ak? -,k <<« ulk a7Saas AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los promimos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personaimente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le adverte de que si usted falla de tomar accion como se describe anteriomente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cuaiquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u ostroa derchos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCE DE COMA CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJA COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 DUNCAN & HARTMAN, P.C. By: William A. Duncan, Esq. I.D. No. 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 bill@duncanhartmanlaw.com 0. & O. RENTALS c/o William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Plaintiff V. MIKE YINGLING, President RE/MAX/Delta Group Inc. 1909 Ritner Highway Carlisle, PA 17013 Defendants Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW NO. 2012- ARBITRATION COMPLAINT AND NOW, comes the Plaintiff, O. & O. RENTALS, by and through its counsel, William A. Duncan, Esq., and files this Complaint and in support thereof avers as follows: 1. The Plaintiff, O. & O. RENTALS, is a property management company located at 1300 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, RE/MAX/Delta Group Inc. with offices at 1900 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff is the owner of certain real property, consisting of commercial property located at 1909 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013, (the "Property") 4. The Plaintiff leased the property to the Defendant from November 1, 2008 to October 31, 2011 (the "Lease Term"). The Defendant held over after the expiration of the lease under the same terms and conditions. 5. The lease agreement was evidenced by a written Lease Agreement, dated September 11, 2008 and all amendments thereto, and executed by the parties. A true and correct copy of the Lease Agreement is attached hereto as Exhibit "A" and incorporated herein by this reference. 6. The Defendant still has possession and use of the property. 7. The Lease Agreement provided that the tenant will pay rent as due by the 5`" of each month or suffer a 20% late charge, and not damage or deface any part of the property or common areas in that if any portion of the property is destroyed, damaged or defaced, the Defendant would be solely responsible to pay the cost for repairing any damage that is the fault of the Defendant, the Defendant's families or the Defendant's guests. 8. The Defendant was to pay all condominium fees related to the property to the Ritner Common Condominium Association. 9. The Defendant breached the Lease Agreement by failing to make rental payments during the lease Term which now total $ 18,449.84 in unpaid rents. 10. The Defendant breached the Lease Agreement by failing to pay late charges in the amount of $ 18,730.78. 11. The Defendant failed to pay a total of $ 2,829.00 in Condo fees. 12. The Defendant failed to pay a total of $ 40,009.62 in rent and other charges due and owing by virtue of the Lease and said amount remains unpaid as to the date of the filing of this Complaint. 12.. As a result of the Defendant's breach of the Lease Agreement, the Plaintiff will 13. As a result of the Defendant's breach of the Lease Agreement, the Plaintiff has been damaged in an amount less than the jurisdictional limit of $50,000.00 for damages and necessary repairs to the Property. 14, Pursuant to the Lease Agreement, Plaintiff is entitled to recover costs and expenses of this litigation, including attorney's fees from Defendants. WHEREFORE, the Plaintiff, OWEN E. MEALS, JR., demands that the Honorable Court enter a judgment against the Defendant, MIKE YINGLING, RE/MAX DELTA GROUP, INC. and in favor of the Plaintiff in an amount necessary to require scheduling of an arbitration hearing, said sum including but not limited to loss of rental value, interest, attorneys, condo fees, late charges and , Plaintiff's cost of suit and other further relief as the court may redeem proper. Respectfully submitted, DUNCAN & HARTMAN, P.C. By: &1,A,_ illiam A. Duncan, Esq. Attorney I.D. No 22080 1 Irvine Row Carlisle, PA 17013 Telephone (717) 249-7780 DAT Attorney for Plaintiff r , r E VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. section 4904 pertaining to unsworn falsification to authorities. 0. & O. RENTALS Date BY: Owen E. Meals, Jr., Partner COMMERCIAL LEASE PARTIES THIS AGREEMENT OF LEASE, made this 11th day of September 2008 between O&O Rentals, 1300 Ritner Hwy., Carlisle, PA 17013 (for the purpose of this Lease to be known as the "Lessor") and Mike Yingling, RE/MAX Delta Group (for the purpose of this lease to be known as the "Lessee"). b1c, PREMISES WITNESSETH, that the said Lessor, in consideration of the rents and covenants hereinafter mentioned, does demise and lease unto the said Lessee, all that certain space known as 1909 Ritner Hwy., Ste. 1 Carlisle, PA 17013 TERM TO HAVE AND TO HOLD unto the Lessee, subject to the conditions of this Agreement for the term beginning on the 1 st day of November 2008 This Lease shall be in effect for an initial term of 3 years, beginning on November 1, 2008 through October 31, 2011. RENT IN CONSIDERATION of which, the said Lessee agrees to pay to the said Lessor for the use of said premises, a sum of Eighty-One Thousand Four Hundred -Eight and 30/100, dollars ($81,438.30), to be paid prior to the first day of the month. for which it is due, as follows: Year One: Two Thousand Two Hundred per month ($2,200.00) which equals Twenty-Six Thousand Four Hundred annually ($26,400.00). Year Two: Two Thousand Two Hundred Sixty-one dollars and 60/100. per month ($2,261.60) which equals Twenty-Seven Thousand One Hundred Thirty- Nine dollars and 20/100 annually ($27,139.20). Year Three: Two Thousand Three Hundred Twenty-Four dollars and 92/100 per month ($2,324.92) which equals, Twenty-Seven Thousand Eight Hundred Ninty-Ninty dollars and 10/00 annually ($27,899.10). All terms of this lease shall be in effect for the full term of this lease and extension periods unless agreed upon changes by Lessor and Lessee. Lessee is also solely responsible for the quarterly condominium fees to Ritner Common Condominium Association and agrees to abide by their regulations and rules and have the enjoyment of their benefits, including but not limited to all exterior maintenance and trash removal. All rental payments are due and payable on the due date as specified in this paragraph. Any payment made after 5 p.m. on the 5th day of the month shall be subject to a late charge of Twenty (20%) percent of the rental payment (s) due and payable, Any payment not made by the 10th of the month, shall be subject to a (20%) twenty percent late charge of rental payment due and payable. SECURITY DEPOSIT Lessee agrees to deposit with Lessor, at the time of signing this Agreement of Lease, the sum of Two Thousand Two Hundred and 00/100 dollars ($2,200.00), as security for the faithful performance of all the terms, covenants and conditions of this lease, which sum shall be returned to Lessee at the expiration of the lease term and any subsequent hold-over, subject to the provisions of this Agreement of Lease and, in particular, this section. Lessor does not pay interest on Security Deposits. If Lessee defaults in the performance of any of the terms, covenants and conditions of this Agreement of Lease at any time, Lessor may, at its sole option, use, apply or retain the security deposit, or any portion thereof, as necessary for the payment of any rent or any other sum for which Lessee may be in default, or for any sum that Lessor may expend or be required to expend as a result of Lessee's default of any of the terms, covenants and conditions of this Agreement of Lease, including but not limited to damages to the leasehold property caused by the negligent or intentional acts or omissions of Lessee, his invitees or licensees. Lessee hereby waives all rights to any interest accumulated on the aforementioned deposit for the entire term of the lease. UTILITIES The Lessee shall pay shall pay or cause to be paid all charges for water, and sewer for the demised premises throughout the term of this lease.. The Lessee hereby agrees to use good judgment in respect to said utilities. The Lessee shall pay or cause to be paid all charges for telephone, cable, dish service, janitorial service, and any other service the Lessee elects to utilize; and to indemnify the Lessor and hold harmless against any liability or damages on such account. THE DEMISE HEREIN CONTAINED IS MADE AND ACCEPTED ON THE FOLLOWING EXPRESS CONDITIONS; I. PLACE OF PAYMENT The rent reserved shall be promptly paid on the several days and times specified herein without deduction or abatement, unless hereinafter provided on the contrary, at the principal office of the Lessor. O&O Rental 1300 Ritner Hwy.. Carlisle, PA 17013 717-249-5446 2. INABILITY TO GIVE POSSESSION The Lessor shall not be liable to the Lessee for any damages, which may be caused to the Lessee by the failure of the Lessor to give possession of the demised premises at the time agreed upon, if said failure is not due to any fault on the part of the Lessor, unless hereinafter provided to the contrary. 3. HOLDING OVER AS RENEWAL A holding over by the Lessee beyond the tern of this Lease or any hereinafter duly authorized additional term shall be deemed a renewal of the lease on a month to month basis, with said renewal being under and subject to all provisions contained in this Agreement of Lease, and shall be at the option of the Lessor. Lessee shall be deemed to have held over under this paragraph unless it shall have notified Lessor in writing of its intention to surrender the premises at the end of the term hereof at least ninety (90) days prior to the expiration of the term hereof. Should Lessor elect to terminate this agreement of lease at the expiration of the initial term or any additional term, Lessor shall notify the lessee in writing no less than ninety (90) days prior to the date on which Lessor intends to terminate this agreement of lease. 4. NEGATIVE COVENANTS OF LESSEE (a) WASTE DAMAGE OR INJURY TO PREMISES; RESTORATION No waste, damage or injury to the premises shall be committed and at the end of the term the demised premises shall be restored, at the option of the Lessor, to the same condition in which they were at the commencement of the term, and the cost of said restoration shall be paid by the Lessee, which cost shall be treated as additional rent due and owing under the terms of the Lease. This paragraph is subject to the exception of ordinary wear and tear and unavoidable damage by fire, elements, casualty, or other cause y or happening not due to the Lessee's negligence. (b) LAWFUL POSSESSION; FIRE PREVENTION Said Lessee shall not carry on any unlawful or immoral business in or about the demised premises, and shall not carry on any business which will endanger the building from fire or cause a forfeiture of any fire insurance that the Lessor has or may hereafter have on said building. The Lessee shall use every precaution against fire or activities, which would cause a forfeiture of any fire insurance that the Lessor has or may hereafter have on said building. The Lessee shall not operate any machinery or equipment that may be harmful to the building or disturbing to other occupants of the building; further, the Lessee shall not place weights in any portion of the demise premises beyond the safe carrying capacity of the structure. (c) ALTERATIONS AND IMPROVEMENTS The Lessee shall not have the privilege of improving the leased premises for Lessee's own purposes, unless the Lessor approves any proposed improvement(s) in writing, which approval should not be unreasonably withheld or delayed and improvements are made at Lessee's expense. All additions, alterations, and improvements made in or to the demised premises by either Lessor or Lessee, shall become the property of Lessor and be surrendered with the premises upon the expiration or sooner termination of this lease; provided, however, that the Lessor shall have the right to require the Lessee to remove such fixtures at the Lessee's cost upon such termination of this lease. The Lessor agrees to make any repairs and be responsible for the cost of any repairs necessary to the property, which are not caused by negligence on the part of the Lessee. Lessee agrees to inform Lessor for the need of such repairs immediately. The Lessee shall indemnify the Lessor against any mechanic's lien or other lien arising out of making any alteration, repair, addition, or improvement by the Lessee. (d) USE RESTRICTIONS Lessee shall use the leased premises for the purpose of a real estate office. (i) Display no merchandise outside the demised premises nor in any way obstruct the halls or sidewalks adjacent thereto and store all trash and refuse in appropriate containers within the demised premises and attend to the prompt disposal thereof in manner designated by the Lessor. (ii) Display or affix no sign, advertising, placard, name, trademark, insignia, decal, advertising matter, or any other item or items on any exterior door, wall or window space in the demised premises or within five feet of the front of the demised premises in the d case of an open storefront, or within any entrance to the demised premises without permission of the Lessor. Lessor shall have the right without notice to Lessee and without any liability for damage to the demised premises reasonably caused thereby, to remove any items displayed or affixed in violation of the foregoing provisions. (iii) Abide by all reasonable rules and regulations established by Lessor, and Ritner Commons Condominium Association, provided that said rules and regulations apply uniformly to all tenants of the building and are reasonable and by no means arbitrary, with respect to the common area, facilities, improvements, and sidewalks. (iv) Prevent the demised premises from being used in any way which will injure the reputation of the same or from being used in any way which may be a nuisance, annoyance, inconvenience, or damage to the other tenants, including, without limiting the generality of the foregoing, noise by the playing of any musical instrument or radio or television or the use of a microphone, loud speaker, electrical equipment or other equipment which may be heard outside the demised premises. 5. LESSOR'S RIGHTS (a) RIGHT OF INSPECTION It is agreed and understood that the Lessor, said Lessor's duly authorized agents, and said Lessor's heirs, executors, administrators, successors and/or assigns, may enter the premises hereby leased at any time during the term, for the purpose of inspecting and making of any repairs to the premises or adjoining apartments, provided that the Lessor gives the Lessee prior notice unless it is an emergency to enter the leased premises. (b) RULES AND REGULATIONS The Lessor may from time to time establish reasonable rules and regulations for the safety, care and cleanliness of the premises, and for the preservation of good order therein. Such rules and regulations shall, when notice thereof is given to Lessee, form a part of this Lease. No rule or regulation shall be arbitrary, but shall be reasonable in every respect. This also includes rules and regulations of Ritner Common Condominium Association. 6. RESPONSIBILITY OF LESSEE (a) DAMAGE OR INJURIES TO PROPERTY All damages or injuries done to the premises by the Lessee and/or said Lessee's customers, clerks, servants, agents, employees, visitors of the Lessee, and individuals for Y whom the Lessee is responsible, other then those caused by ordinary wear and tear, shall be repaired by the Lessee herein at lessees expense. The Lessee covenants and agrees to make said repairs upon twenty (20) days' written notice given to said Lessee by the said Lessor, and if the Lessee shall neglect to make said repairs or commence to make the same promptly or complete the same within twenty (20) days after receiving said notice, the Lessor shall have the right to make said repairs at the expense and cost of the Lessee, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if said expense is made at the expiration of the term, then the costs made may be collected by the Lessor as additional rent for the use of the premises during the entire term. (b) PAYMENT OF JUDGMENTS, ETC. The Lessee shall bear, pay and discharge when and as the same become due and payable all judgments and lawful claims for damages or otherwise against said Lessor, arising from the Lessee's use or occupancy of said leased premises and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnify and save harmless the Lessor, or said Lessor's agents, servants, employees, and the public at large by reason of or on account of the use or misuse of the premises hereby leased, or any part thereof, due to the negligence of the Lessee and/or the said Lessee's agents, clerks, servants, employees, visitors, customers, and individuals for whom the Lessee is responsible. (c) REIMBURSEMENT OF EXPENSES OF CURING TENANTS DEFAULT In case the Lessor, by reason of the failure of the Lessee, after due notice, to perform any covenant, term, or condition of the lease, shall pay or incur any sum of money, or shall expend any sums for legal services due to litigation, then the sum or sums so paid or incurred, with interest, shall be added to the installment of rent next becoming due, and shall be collectible as additional rent, in the same manner and with the same remedies as if it had been ordinarily reserved. (d) DISCHARGE OF LIABILITY BY LESSEE In consideration of securing the within Lease at the above-stated rent, the Lessee does hereby release and discharge the Lessor, its agents, servants and/or employees, and said Lessor's heirs, executors, administrators, successors and/or assigns, from any and all liability by reason of any injury, loss and/or damage to any person and/or property in the demised premises, whether belonging to Lessee or any other person, caused by any fire, Y the breaking, bursting, stoppage and/or leakage of any water pipe, gas pipe, sewer, basin, water closet, steam pipe and drain in any part or portion of the demised premises and/or any part or portion of the building, of which the demised premises is a part, and from all liability for any and all injury, loss and/or damage caused by the water, gas, steam, waste and contents of said water pipes, gas pipes, steam pipes, sewers, basins, water closets and drains, or from any kind of injury, loss and/or damage which may arise from any other cause on the premises or in the building, unless directly attributable to Lessor's negligence. (e) The Lessor shall bear, pay, and discharge when and as the same become due and payable all judgments and lawful claims for damages or otherwise against said Lessee, arising from the condition of the premises prior to the date of lease, or resulting from the Lessor's negligence or intentional act, and will assume the burden and expense of defending all such suits, whether brought before or after the expiration of this Lease, and will protect, indemnify and save harmless the Lessee, or said Lessee's agents, servants, employees and public at large. 7. COMPLIANCE WITH GOVERNMENTAL REGULATIONS The Lessor warrants that the premises comply with all current orders, rules, regulations and requirements of every kind in effect at the time that the Lessee takes possession of the premises. If the premises are found to not be in such aforementioned compliance at the time of possession by the Lessee, The Lessor hereby agrees to pay the full cost of achieving compliance. The Lessor is not responsible for any new orders, rules, regulations, and requirements passed after the date of possession of the premises. 8. LIABILITY INSURANCE The Lessor shall carry fire and hazard insurance for the replacement cost of the premises, and shall carry liability insurance to afford protection with limits of not less than One million dollars ($1,000,000.00). 9. FIRE INSURANCE Lessee shall carry fire insurance for Lessee's contents with extended coverage on the leased premises in an amount not less then $25,000.00 Lessee agrees to have Lessor added as an additional insured on said insurance policy. Lessee agrees to release subrogation rights on said insurance policy to Lessor in case of damage caused to the demised premises by virtue of fire, lightning, or perils of extended coverage. 10. CASUALTY DAMAGE TO LEASED PREMISES In the event that the premises occupied by the Lessee shall, during said term be destroyed by fire or other casualty, thereby making the premises untenable and unfit for occupancy so that the owners thereof deem it advisable to construct a new building, the Lessee or Lessor herein shall have the right to terminate this Lease upon giving 15 days notice in writing to the other party, and the term of this Lease shall cease upon the expiration of 15 days after the date of said notice. In the event, however, that the said building shall be damaged by fire, but not destroyed, the Lessor shall cause the building to be repaired and restored to its former condition, then to act with the greatest possible diligence. The monthly rent shall be abated for the period from the date that the damage occurred to the date that the required repairs or restoration work is completed. The amount by which the monthly rent shall be abated shall be determined on the basis that the ratio of the floor area untenable bears to the floor area of the entire premises. Provided, however, that even if the building is not deemed to be destroyed, if the fire damage to the building is such that the Lessee cannot reasonably and practically use the building, the Lessee or the Lessor shall have the right to terminate this Lease by giving 15 days notice in writing to the other party as set forth above in this paragraph. The Lessee herein agrees that in the event that the building shall be so partially destroyed by fire as to render said repairs necessary that the said Lessor shall thereupon have the right througb his servants and agents, and that the servants and agents of any contractor employed by the Lessor shall have the right to take possession of the premises for the purpose of making such repairs, and the so taking of possession shall not be an eviction of the Lessee herein and shall in no manner affect this term of Lease. 11. LESSOR'S TERMINATION OF LEASE The said Lessee hereby accepts notice to quit, remove from, and surrender up possession of the said demised premises to the said Lessor, its successors and assigns, at the expiration of the said term, whenever it may be determined, whether by forfeiture or otherwise, upon 90 days written notice to that effect, all further notice being hereby waived. And on failure to pay rent, for the space of ten days, after written notice, besides the distress, or upon breach of any other condition of this Lease the Lessee shall be a non- tenant, subject to dispossession by the Lessor, without further notice or process of law, with release of error and of damages, and the said Lessor may reenter the premises and dispossess the Lessee without thereby becoming a trespasser. 12. WAIVER OF DEMAND FOR RENT The Lessee does also hereby waive any and all demand for payment of the rent herein provided for, either on the day due or on any other day, either on the land itself or in any other place, and agrees that such demand shall not be a condition of reentry or of recovery of possession without legal process or by means of any action or proceedings whatsoever, except as provided to the contrary in Paragraph 11 of this Lease Agreement. 13. REMEDIES CUMULATIVE )X--? All remedies of Lessor herein shall be cumulative and concurrent. 14. LIABILITY RELIEF The Lessee hereby relieves the Lessor from all liability by reason of any injury, loss, and/or damage to any person or property in the demised premises, which may arise from or be due to the use, misuse or abuse of the elevator(s), hatches, openings, stairways, hallways, that may be (or have been) constructed in the building, or from any kind of injury, loss and/or damage, which may arise from any other cause on the premises or in the building unless directly attributable to Lessor's negligence. 15. CONDEMNATION In the event that the premises demised or any part thereof is taken or condemned for a public or quasi-public use, this Lease shall, as to the part so taken, terminate as the date title shall vest in the condemner, and rent shall abate in proportion to the square feet of the leased space taken or condemned or shall cease if the entire premises be so taken. If a part taken substantially and reasonably interferes with the function and efficiency of the Lessee's business, the Lessee may terminate the lease on the remaining portion of the originally demised premises, by delivering a fifteen (15) day written notice to the Lessor, and any dispute under this paragraph shall be subject to the arbitration in accordance with the rules of the America Arbitration Association. In any event, the Lessee waives all claims against the Lessor by reason of the complete or partial taking of the demised premises. 16. QUIET ENJOYMENT The Lessee, upon paying the said rent and pgrforming the covenants of this lease, on its part to be performed, shall and may peaceably and quietly have, hold and enjoy the demised premises for the term aforesaid and any herein duly authorized additional term. 17. LEASE CONTAINS ALL AGREEMENTS It is expressly understood by the parties that the whole agreement is embodied in this agreement (executed in duplicate) and that no part or items are omitted unless the same be hereinafter modified by written agreement(s). 18. GENDER AND NUMBER The neuter gender, where used herein, shall be deemed to be masculine or feminine, and the singular number, where used herein, shall be deemed to be plural, whenever, the sense of the instrument so requires; further, the masculine or feminine gender, where used herein, shall be deemed to be singular whenever the sense of the instrument so requires. 19. HEIRS, ETC. This Lease Agreement shall be binding upon the heirs, executors, administrators, successors, and/or assigns of the parties hereto. 20. HEADINGS, NO PART OF LEASE Any headings, preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Lease nor shall they affect its meaning, construction or effect. 21. SIMILAR PROVISIONS If the subject matter of a provision of the Rules and Regulations is discussed in a provision in the body of the Lease, both provisions shall be effective as far as the same remain consistent; however, if the provisions are contradictory, then the provision in the body of the Lease shall control. IN WITNESS WHEREOF, We set our hands and set the day and year first above written. By Witness: By Witness: l? 6j?? MIKE YINGLING, President : IN THE COURT OF COMMON PLEAS RE/MAX/Delta Group Inc. : CUMBERLAND COUNTY, 1909 Ritner Highway, Suite # 1 : PENNSYLVANIA Carlisle, PA 17013 : CIVIL ACTION - LAW Defendant NO. 12-2941 Civil CZD uzt ;zz; ARBITRATION _ ter- V01 ; .r',i1+., 4J AFFIDAVIT OF SERVICE I, William A. Duncan, Esquire, being duly sworn according to law , do swe0th 4l served a Complaint on Defendant, DELTA GROUP INC., by hand a copy of same to Angela Miller, Secretary at its office located at 1909 Ritner Highway, Suite # 1, Carlisle, Pennsylvania 17013, on May 10, 2012, at 1:52 P.M. William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Sworn to and subscribed before me this _L day of /M Al ,2012. i F PENNSYLVANIA NOtARIAL SEAL JOAN D. ADAMS, Notry Public Cwkle flan., Cun brleod Cow* My Cdnimi W Else fch 15, 2015 No ary Public