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COMMONWEALTH OF P}NNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
S,JS:I:YV
COMMON PLEAS No. fJ-o - .3 /TO q eu.....J '-..4<-
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Caurt of Common Pleas on oppeol from the judgment rendered by the District Justice on the
date and in the case mentioned below.
NAME Of APP8.lANT
Deborah Nickey
ADDRESS OF APPELLANT
220 Marion Avenue
OTY
Carlisle
MAG DlSt NQ OR NAME Of OJ,
Paula P. Co=eal
STATE
PA
ZIP CODE
17013
I>>.1EOF.JlJI>GMB'.tT
IN THE CASE Of (Plaintiff)
(Defendant)
Jeffrey S. Austin and Mary B.Austin 'IS Bryan Nickey and Deborah Nickey
S1G~Tl~E,Of APPEL~ HIS AT.TORNEY OR AGENT Legal services Inc
CV 12 h~p C. Bng tJ. 8 Irvine Row
lT 19LT 157 00 ~!: Carlisle PA 17013
This block will be ~9ned ONLY when this notafion is required under Po. R.C.PJ. 0. If l/ant was CLAIMANT (see Pa. R.CP,JP. No,
1008B.
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) inaction before District Justice, he MUST
SUPERSEDEAS ta the judgment lor possession in this case FILE A COMPLAINT within twenty (20) days after
?( ~ D. 'h1 .Ii" ./ A j",r . filing his NOTICE of APPEAL.
Signature of Prothonotary'ofi'lJpu/f
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form trJ be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee),
PRAECIPE: To Prothonotary
Enter rule upon Jeffrey S. Austin and Mary B. Austin
Name of appellee(s)
()-() . 3 b1J 'J (' LI-;;J I.u.... ) within twenty (20) days alter
1001 (7) in action before District Justice.
,appellee(s), to file a complaint in this appeal
(Common Pleas No.
try of judgment of non pros.
of appellant or his anomey Of agent
RULE: To;r@ffwy S. 1\"lltin and ~ B 1\J'lltir' ,appellee(s).
Name 01 appel/(3e(s!
(1) You ore notified that 0 rule is hereby entered upon you ta file a complaint in this appeal within twenty (20) days alter the date of
service of this rule upon you by personal service or by certified or registered moil.
(2) ff you da not file a camplaint within this time, a JUDGMENT OF NON PROS Will 8E ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of moiling.
Date: ~ I:;
,w~
0"r~
t2. 'Jvu~jh ./
SIgnature 01 Prot1>...Ale t '" """"'"
.tOPe 312-84
COURT FILE TO BE FILED WITH PROTHONOTARY
~1iI!IMll:l:~i!iil<tm'''";,!foj~jmi~,!I~~oomwlffi!1f~:tr~~'ill''''~'iH",Ii",,!~iiiM'tM;mi1i~ 1"~"-''''''''''~~~~~_1iI!1l.Dtf. - ~ ~:H""",-~'~_~~~""'~,'. "
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE 'fO FilE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice 01 appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYlVANIA
COUNT'( OF , ;.&
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Notice 01 Appeal, Common Pleas No, . upon the District Justice designated therein on
(date 01 service) 0 by personal service 0 by (certified) (registered) mail, sender's
receipt attached hereto. and upon the appellee, (name) , on
, 19__ 0 by personai service 0 by (certified) (registered) mail, sender's receipt attached hereto.
and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on , 19_ 0 by personal service 0 by (certified) (registered)
mail, sender's receipt attached hereto,
SWORN (AFFIRMED) AND SUBSCRiBED BEFORE ME
THIS
_ DAY OF
,19_
Signature of alfiant
Signature of official before whom affidavit was made
Title of official
My commission expires on
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NOTICE ORc,jUi:>'(iMENTITRANSCFlfpT,:"'.
PLAINTIFF' ;RESIDENTIAL I::EAS~'
ri . - 'Ni1ME and ADORI!:SS
AUSTIN, JflFFRl3Y & MARY . "1
716 N WEST STREET .'
CARL:ISLE, PA 17013
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. DEFENDANT: VS.
" n,: _.'. _ " NAMEa,ndADORESS .
'NICKEY , "BRYAN", ET..AL.
22(} MAR:ION .AVE ' ..
CARLISLE, PA17013
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-2-01
OJ Name: Hon.
PAULA P. CORREAL, ,
Addre,,, EAST WING - COURTHOUSE
'1 COURTHOUSE. SQUMB
';'~~I:~t:~r~iS~~6!1:~~~~"/!" ':,"i;d:6'~dooo,
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DEBORAH NICKEY
220 MARION AVE
CARLISLE, PA 17013
~
Docket No.: LT- 0000157 - 00
Date Filed: 4/24/00
; D'e~~i~~?~t~~~h(~~r~:~~96) ,"
D This case dismissed without prejudice,
[!] Possession granted.
THIS IS TO NOTIFY Y0U THAT:
Judgment: ' 'f: FOR PLAINT:IFF
[!}'Judgll1ent,was'.6rlilere,J fOr~J"4~(Nam~)' ,AUS"l';EN'; 'oirEFFR''EY~Y,+!,. ,L".,. "'Ci~".'"",~!""",,,~
D Judgment was entered against NICKEY , DEBORAH
LX! LandlordlTenant action in the amount of $ 87.38 on 5/08/00
The amount of rent per month, as established by the District Justice, is $
The total amount of the Security Deposit is $ .00
. Total Amount Established by OJ. Less' Security Deposit ApQlifld = Adjudicated Amounb
Rent In Arrears $. .00 -$ .00 = $ .0
Physical DalT)ages Leas,ehold Property $ .00 -, $ .00 - $ .00
Damages/Unjust Detention $ 00 - $ . 00 $ _ on
LessAmt Due Defendant from Cross Complaint -$ _ 00
, Interest (if provided by lease) $ no
UT Judgm.ent Amount $ _ 00
, Judgment Costs $87 _ 3,8
Attorney Fees . $ 00
Total Judgment $ 87.38
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
y Ime 0 eVlc Ion., ,., ,
D Defendants are jointly and severally liable,
in a
(Date of Judgment)
.00.
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D
D
o
Possession granted if money judgment is no sa IS Ie
Possession not granted.
Levy i~~~ayed for. ." ,." ,. da~s or Dgeh~lallY staY13,d,
Objectiohto L6Ityhasbe\3n'flled and hearing! will be he.id:'
~" .
,
Date: Place: " ,
Time:
.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO..APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY J,UDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE,APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF'1::0lJRTS THIi' LESSER OF
^ THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. "
,.' IF A PARTY'WISHES'TO APPEALONL V THE MONEY PORTIOIU'lF A JUDGMENT INVOLVING A RESIDENTIAL LEA:SE, THE PARTY !jAB.
30 DAYS AFTER THE DAT~F-~ T OF Jl!DaMENJIN W1'IfCH'TO FILE'A NOT~CE OF APPEAL WITH THE PROTHO!'lOTARy/cLERK OF
COURTS OF TtjE COURJ'r'OF COMM N PLE;AS, ~IV fDIVISI9N. ' "
THE PARTY FILING AN APPEAL ST I!:IPI\UDE COpt'F Ty/!g:'NOTICE 1UDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPE!\L.
5!BiUO A j \, "-'~~!~. 0' ' J' t'
Oat.""."", ,,-' .., .I.;,.,..,... , Istncl.,us,ICi;>
certl ~,t at t IS IS a ~ 'ana;:. ' ',0 ,e. c. ,\ qopy 0 I ~,,9(, 0 t e pro e, lOgs containing t e JU gmerit. .
51" I 00 Date, ,..-1:."" If".. ~f'" , District Justice
My commission expires first Monday of January, 2006. SEAL
A()Pr.:1'!'iA_A~
THIS IS TO NOTIFY Y0U THAT:
Judgment: 11' FOR PLA:IN'I':IFF
~ Judgment was entered for: (Nam9) AUSTIN. JEFFREY a< MARY
r:::l Judgment was entered against NICKEY. BRYAN
lXJ Landlord/Tenantactionintheamountof$ 87.38 on 5/08/00
The amount of rent per month, as established by the District Justice, is $
The total amount of the Security Deposit is $ .00
. Total Amount Established by DJ Less' Security Deposit ApQI,iSld = Adjudicated Amounb
Rent In Arrears . $ .00-$ .'OU = $ .0
Physical Damages Leas.ehold Property $ .00 $ .00 - $ .00
Damages/UnjUst Detention $ 00 - $ _ 00 $ _ 00
Less Amt Due Defendant from Cross Complaint - $ _ 00
Interest (if provided by lease) $ 00
UT Judgment Amount $ 00
Judgment Costs $ 87_38
Attorney Fees $ 00
Total Judgment $ 87.38
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
y Ime 0 eVlc lon,
o Defendants are jointly and severally liable.
~---<l.
_ ~ 0
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLlIND
Mag. Disl. No.:
09-2-01
OJ Name: Hon.
PAULA P. CORREAL
Add..", E!\,ST.:WING - COURTHOUSE
. . 1cQtJRTHOUSE SQUARE
CARL:ISLE. PA
T."phO", (717) 240-6564 17013-0000
DEBORAH ,NICKEY
220 MAR:ION AVE
CARLISLE. PA 17013
O Attachment Prohibited/
Victirll of Abuse (Act 5, 1996)
o This case dismissed without prejudice.
[!] Possession granted.
o
o
o Levy is stayed for days or 0 generally stayed.
o Objection to Levy has been filed and hearing will be held:
Possession granted if money judgment is no sa IS Ie
Possession not granted.
-
~"''''--:
NOTICE OF JUDGMENTITRANSCRIPT
PLAINTIFF' RESIDENTIAL LEASE
. NAME and ADDRESS
[AUSTIN, JEFFREY & MARY I
716 N WEST STREET
CARLISLE, PA 17013
L ~
VS.
DEFENDANT: NAME and ADDRESS
IN:ICUY, BRYAN, ET AL.
220 MARION AVE
CARLISLE, PA 17013
L
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Docket No.: LT- 0000157 - 00
Date Filed: 4/24/00
in a
(Date of Judgment)
.00.
Date: Place:
Time:
"-.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUD\>MENT,IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS !'lENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. .
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE', THE PARTY HAS
30 DAYS AFTER THE DATE O!id;NfFiYOFltUDGMENTlN'WjiICH J€)-IjILE A NOTI!:'E OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT 2FCOMMON ~~AS:tIVIL DlV lo!:,/ ,/ . / . . , " '
THE PARTY FILING AN A~PEAL MUS" f.l.C q,r::~~E A ~._ <>2:r"~~TICE 0 )!JDGMENT/TRANSCRIPT FORM W:TH,TH.. E NOTICE OF APPEA~i
Date /Ii, b,_c~ L. -;v,,?/,.!J:".. ' / , Dlstnct Justrce '
c rtlyt att ISlsat(o, n~re~tA6P~O :,~..~?,~,.,~t epro e ngscontalnrngt eJu gment.',
"." Date"" ",. /:;",., (~<{ ,0tdAJu'" ,DlstnctJustlce
''',~".,~.
My commission expires first Monday of January, 2006.
Anpr. ~1 fiA-!=<q
SEAL
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Jeffrey S. Austin
and Mary B Austin
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Bryan Nickey
And Deborah Nickey
Defendants
: NO. 2000 300tML TERM
AFFIDAVIT
1. I. Deborah Nickey, am the defendant in the above-captioned action, which is an
appeal from a judgment rendered by District Justice Paula Correal on May 8, 2000, awarding
Plaintiff possession of the house in which I reside and alleged back rent.
2. The rent for my house. located at 220 Marion Avenue, Carlisle. Cumberland
County, Pennsylvania, is $ 625.00 per month, and becomes due on the 1" day of each
month.
3. My rent for May 2000 has been paid and my next rent payment will be due on
or before the 1" day of June 2000.
4. I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904,
relating to unsworn falsification to authorities.
Date: s/lGloO
~~~~
Deborah Nickey, Defendant
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Jeffrey S, Austin
and Mary B Austin
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Bryan Nickey
And Deborah Nickey
Defendants
: q
: NO. 2000 _100 CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Deborah Nickey, to proceed in forma pauperis.
I, Philip C. Briganti, attorney for the party proceeding in forma pauperis, certify that I
believe the party is unable to pay the costs and that I am providing free legal services to the
party. The party's affidavit showing inability to pay the costs of litigation is attached hereto.
17013
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Jeffrey S. Austin
and Mary B Austin
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Bryan Nickey and
And Deborah Nickey
Defendants
: NO. 2000 -
CIVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the Defendant in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting, defending, or appealing the action or
proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and
costs is true and correct.
(a) Name: Deborah Nickey
Address: 220 Marion Avenue, Carlisle PA 17013
(b) Social Security Number: 163-54-5759 .
If you are presently employed, state
Employer: Ross Distribution
Address: Ritner HiRhway, Carlisle PA 17013
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Salary or wages per month: $ 1,258.1month
Type of work: merchandise processor
If you are presently unemployed, state
Date of last employment:
Salary or wages per month:
Type of work:
Other self-employment:
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(c) Other income within the past twelve months
Business or profession:
Interest:
Dividends:
Pension and annuities:
Social Security Benefits:
Support payments:
Disability payments:
Unemployment compensation and
supplemental benefits:
Workman's compensation:
Public Assistance:
Other:
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(d) Other contributions to household support
(Wife)(Husband) Name:
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
( e) Property owned
Cash: none
Checking Account: $ 100.00
Savings Account: $ 26.28
Certificates of Deposit:
Real Estate (including home):
Motor vehicle: Make Chevrolet
Year 1998
Cost $ 35,000
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent: $625.00
Amount owed $ 18,000.
Loans:
.
, ,-,;....: -,;' , ,,- "'~', -~';'-~ < .7'" - ,.,
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Monthly Expenses: Groceries $434.00; Electric $108.; Water $33.00;
Trash $10.00; Car InsuranceTags-Registration $60.00; Gas $60.00;
Clothing $ 100.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: Schuyler Nickey
Age: 16 yrs
Amber Nickey
Age: 15 yrs
Dallas Nickey
Age: 5 yrs
4, I understand that I have a continuing obligation to inform the court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to
unsworn falsification to authorities.
Date: 5' )IO!dU
\
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Deborah Nickey
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Name (Please Print Clearly) (to be completed by mailer):'
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COMMON'!VEALTllOF PENNsyLVANIA , i . . TlCE OF APPEAL
COUR't,OF COMMQN'PlEAS
,~)r."~I!rj't-:';'l"i
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
~- . J;~ coO
COMMONPLEASNo. (;-0 _ 31JOq ~ 1",,_
NOTICE OF APPEAL
NAME Of APPEllANT
Deb:>rah Nickey
ADDRESS OF APPeLLANT
220 Marion Avenue
QTY
Carlisle
I MAG. OIST. NO OR NAME Of OJ,
Paula P. Correal
STATE '
.FA
ZP CODe
17013
DA.TEOFJI..IDGMB'.4T 1~,iJHE:CASEOF,(-Pfl3intiff) (Defendant)
Jeffrey S. AustinatJdl'larY B.Austin vs. Bryan Nickey atrloebOrah ,Nickey
SIGNATURE OF APPELLANT R HIS ATTORNEY OR AGENT Legal Services Inc
CV 11' PhY-ip C. Brig ti 8 Irvine Raw
LT 19tiJ:-'-1S1':':(lO t!A f. . Carlisle PA 17013
This block will be si9iiifdbNLY: When this notation is required ~nd~r Po. R.CP J . If etlant was CLAIMANT (see Pa. R.CP.JP. No.
10088. ,. ,,\ \"'.' .' .." .
This Notice of Appe~l, when,' ;"ceived, by the District Justice. 'will.operote os 0 1001 (6A"/n action beforf! District Justice, he MUST
SUPERSEDEAS ta the ju~men'for possession in this cose. . FILE A COMPLAINT within twenty (20) days after
J( ~,.A-o ',0 ht~d..aL '. filing his NOTICE of APPEAL
. ' 5tgnature of Prothonotary l:>r i:JlPUtf
I'
:--:'::. '"" ~R~~(IPE "TO .ENTER RULE TO .FILE COMPLAINT AND RULE J..Q FILE
. . ., "
(This section of form, tD'be used ONLY when appellant was DEFENDANT(see Pa. R.C.P.JP. No, 1001(7) in action before Disuict Justice,
IF NOT USED, ,detach from copy of notice of appeal to beSf!fved upon appellee).
, . .
PRAECIPE: I To Prothonotary
Enter rule upon Jeffrey S. Austin and ~. B. Austin . appellee(s).ta file 0 complaint in this appeal
Name of appet~s)
(OJrnman Pleos No. tf1) .. .3 ()-{) 'I r Lt;;'j ru..-.) within twenty (20) doys after try of jud9ment af non pros.
RULE: TaJeffJ:'P.YS
~'l!i1-r:i" i!pAf,,"WA ~"f'ti"
Name of,8fJpe//f3efs), '.
.appellee(s). ,
!o( - flppeIIant or his - attorney or agent
( 1) Ya.!'. ore notified that. a rui!> is hereby ,enieted upan you,ta file 0 complaint in this oppeal within twenty (20) cloy. ofter the date of
service of thi,'rute up.,hyo'i by: ~rs""a,1 servk-.; or by ~ertified or registered mail. .., ,8~C::';'\'\,,;,.' ,
'. ~~fl~ '>/-:l.} :';/:',\:<-1,.:
(2) Ityau <hnot file,ac?",ploint within this time, 0 JUDGMENT OF NON PROS~~l'~'E~EREDAGAI~T,;VOU.
(, ' ' -\ ,4~?;'~~', <'~; -,'/.,
(;!)'rhe daleaf service of this rule if service was by moil is the dote of maili"l#';-..' , ~~-"~',
Date: ~ I {. . W~ . . .r; ('1.-i~"0 C Ju-:#~j
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PROOF OF SERVICE OF NOTICE Of APPEAL AND RULE TO FilE COMPLAINT
(This proof of service MUST BE FiLED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C q;"bf'r!qf/d
. ; $S
AFFIDAVIT: I hereby swear or affirm thall served 00- ]00'1 Ov.! fer...,
~Opy of the Notice of Appeal. Common Pleas No, . upon the District Justice designated therein on
(date of service) S;--/5"-tH) .... 0 by pers9l'ai service l]Hly (Certifie(!).fr",illlerefll mail, sender's
receipt attached hereto, and upon the appellee, (name) :H'fl"'f t ;<It( S+i" <<.,d,/1JI/I'l ,6', ~ $'1;", , on
/h 'I 'I I) , ....2flffl 0 by personal service I!31iY (certltied) *k~;Jtoled) mail, sender's receipt attached hereto,
B-and further that I served the Ru Ie to Fiie a Complaint accompanying the above Notice at Appeal upon the appellee(s) to whom
the Ru;e was addressed on /'J'1.!l!;-i~-' ,'Il'P-~~ 0 by personal service ~certljied) (~g ''''".1)
mail, sender'S receipt attached hereto, ' ,/,/,
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME /;"j';{/ /' . /// ' . "'
. /.1- i>2"PZ,c,~" ' // / .. _d''''"...., '
THIS DAY OF ,19_ ;L-,"""'- ~ ;,.,.,.}-[".+;If~~/' ,
.f ,. ,Z!gnature of affiani'
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Signature of official before whom affidavit was medfJ
Title Of official
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My commission expires on ,
19_
Date:
I verify that the statments in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 P.S.
Section 4904, relating to unsworn falsification to authorities.
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JEFFREY S, AUSTIN and
MARY B. AUSTIN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYL V ANlA
NO, 00-3009 CIVIL TERM 2000
v.
BRYAN NICKEY and
DEBORAH NICKEY,
Defendant
COMPLAINT IN EJECTMENT
1. Plaintiffs Jeffrey S, Austin and Mary B, Austin are adult individuals with an office at 716
North West Street, Carlisle, Pennsylvania 17013,
2, Defendants Bryan and Deborah Nickey are adult individuals residing at 220 Marion
Avenue, Carlisle, Pennsylvania 17013,
3, On February 14, 2000, Plaintiffs and Defendants entered into a certain lease agreement, a
copy of which is attached hereto and incorporated herein by reference thereto,
4, The lease agreement provides inter alia in paragraph 14 that the tenants agree to "comply
and procure compliance of members of his family, and his guests with the attached regulation," which
are attached to the subject lease,
5, Item I of the said Occupancy Regulations provides that, "The said premises are to be
kept and maintained in as good repair and condition as at present. At the expiration of this lease, they
are to be surrendered in like repair and condition,"
6, Item 2 of the hereinafter referred to Occupancy Regulations provides as follows:
"Neither Resident nor guests shall do any acts which shall disturb the peaceful use and enjoyment of the
premises by other tenants,"
~ , "
"
'.
7, Between February 14, 2000 and April I, 2000, and to this date the Defendants and their
children have breached Occupancy Regulations I and 2 on a recurring basis. Violations specifically
include:
i. Engaging in loud, boisterous and vulgar verbal communications around Plaintiff s
family such volume as to disturb the peaceful enjoyment of the apartment premises by
other tenants,
ll, Directing loud, threatening and often vulgar and obscene comments to neighbors
in the said complex all of which has disturbed the peaceful enjoyment of the premises by
other tenants,
111, On March 6, 2000, Defendants' son was reported by a neighbor, Dianna
Detweiler, to have thrown a glass of milk on Detweiler's front door and repeatedly rang
the neighbor's doorbells without good reason,
IV, On March 9, 2000, Plaintiffs' agent Mary Strange, observed and reported damage
to the patio area caused by Defendant or her children, and also observed the accumulation
of cigarette butts on the property leased to Defendants and further cautioned Defendant
Deborah Nickey to refrain from throwing cigarette butts on the ground, patio walkway
and the surrounding patio area ofthe neighbors,
v, The concrete condition was verified by Mary Strange on March 13 and March 15,
Strange also observed a "pile of trash overflowing the dumpster."
VI, On March 9, Plaintiffs' agent, Mary Strange was advised by another of
Defendant's neighbors, that Defendant's sons had thrown cigarette butts at their front
2
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door, taken and thrown stones from the garden area adjacent to the leased premises and
had kicked out newly installed concrete at the steps,
vu, On April 6, 2000, the neighbors reported to Plaintiffs' agent Mary Strange, that
Defendant "kept them up all night" running up and down the steps and cursing,
Continued trash and stone throwing violations were also observed,
VlU, On April 22, 2000, the neighbor, Ms. Detweiler of 222 Marion Avenue, reported
to Plaintiffs' agent Mary Strange that the Defendant's son had called her a "bitch" and
called her children "niggers."
IX, On April 27, 2000, tenants at 222 Marion Avenue reported that the Defendants
had ripped out the flower garden and had sprayed painted lines in the parking area
without Plaintiff s approvaL
x. On April 27, 2000, a criminal report was made to the North Middleton Township
Police as the result of the yelling and cursing of Defendant's son,
Xl, On April 28, 2000, Defendant's neighbors reported to Plaintiffs' agent that
Defendant's son had been repeatedly crashing his bicycle into the garage door at 235
Marion Avenue, The condition was verified by the manager, Mary Strange,
xu, On May 4, 2000, the North Middleton Policy were called in response to
Defendant Deborah Nickey's brother that one of Defendant's sons had a gun. The police
reported a shoving match between Mrs, Nickey and her son, Schuyler. A daisy pellet gun
was taken from Defendant's son, Schuyler Nickey, The gun was reportedly removed
from the premises by the police,
XlU, On May 8, 2000 the North Middleton Township Police cited Defendant's son,
Schuyler Nickey, for "yelling and cursing,"
3
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8, As the result of the Defendant's course of conduct from February 14, 2000 to date, other
tenants have expressed their intent to move out of the complex unless Defendants conduct was
remedied,
9, The course of conduct displayed by Defendants IS a clear failure to comply with
Conditions I and 2 of the attached Occupancy Regulations.
10, Defendants conduct as described above is also in clear violation of the provisions of the
Pennsylvania Landlord & Tenant Act, related to multiple dwelling premises (68 P,S, S 250,503-A (I)
and (2)) which provides, inter alia, that any tenant must (I) Not permit any person on the premises with
his permission to wilfully or wantonly destroy, deface, damage, impair, or remove any part of the
structure or dwelling unit, or the facilities, equipment, or appurtenances thereto or used in common, nor
himself do any such thing; (2) Not permit any person on the premises with his permission to wilfully or
wantonly disturb the peaceful enjoyment of the premises by other tenants or neighbors,
II, Notice to Quit was given in accordance with law on April 7, 2000.
12, On May 8, 2000, District Justice Paula p, Correal issued an Order of Possession in favor
of Plaintiff
]3, On May IS, 2000, Defendants filed an appeal to the above captioned number and term of
Court,
14, Despite numerous requests, Defendants have failed and refused to correct their violations
ofthe lease and the above related Multiple Dwelling Premises Act.
4
~-- .-
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15, Wherefore, Plaintiff requests this Court (1) enter judgement in favor of Plaintiffs and
against Defendants for possession of the premises at 220 Marion Avenue, North Middleton Township,
Cumberland County, Pennsylvania; (2) to order Defendants to pay to Plaintiffs all rental payments due
to the date of eviction; (3) to order Defendants to repair the premises to the condition of the property at
the inception of the lease, ordinary wear and tear along excepted; and (4) to order the Defendants to pay
Plaintiffs court costs in this matter.
'LbJed '.Ju..~:r;l5,dCDO
c-- Res:ectfullY Submitted
Stevenc;.-~, Esquire - ~
ill No. 16269
FISHMAN & MORGENTHAL
95 Alexander Spring Road, Suite 3
Carlisle, Pennsylvania 17013
Attorney for Plaintiff
5
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VERIFICATION
I, Jeffrey S. Austin and Mary B. Austin, state that the facts set forth in the foregoing Complaint
in Ejectment are true and correct to the best of my knowledge, information and belief, and are made
subject to the penalties of 18 Pa, C.S. 94904 relating to unsworn falsifications to authorities.
"w- ~
~Gc~~
Mary B. Austin
Dated: J u..l~ d5,;)COO
6
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CERTIFICATE OF SERVICE
I, Steven J. Fishman, Esquire, hereby certify that I have this date caused a copy of the foregoing
Complaint in Ejectment to be served upon the Defendants in this matter by placing the same in the
United States First Class Mail, postage prepaid, addressed as follows:
Bryan Nickey
Deborah Nickey
220 Marion Avenue
Carlisle, PA 17013
Steven l Fishman, Esquire
Dated: jlJ..l(j d5,S<lOO
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JEFFREY S. AUSTIN and
MARY B. AUSTIN,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 2000- 3009 CIVIL TERM
BRYAN NICKEY and
DEBORAH NICKEY
Defendants
CNIL ACTION - LAW
NOTICE OF SUBSTITUTION OF COUNSEL
PLEASE TAKE NOTICE that Philip C. Briganti, Esquire, LEGAL SERVICES, INC.,
hereby withdraws as counsel for Defendant Deborah Nickey in the above-captioned matter, and
that Samuel W. Milkes, Esquire, JACOBSEN & MILKES, hereby enters his appearance as
counsel for Defendants Bryan Nickey and Deborah Nickey.
Date: '$'/ :2r/CO
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Philip C. Briganti
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
Date: ~
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JACOBSEN & MILKES
52 East High Street
Carlisle, P A 17013
(717) 249-6427
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JEFFREY S. AUSTIN and
MARY B. AUSTIN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action No. 00-3009 - Civil Term
Plaintiffs
v.
BRYAN NICKEY and
DEBORAH NICKEY,
Defendants
nRl?RNn A N'I'~' PRRT ,TMTN A RV nRTR~'I'TnN~
COMES NOW, the Defendants, by their attorney, Samuel W. Milkes,
Jacobsen & Milkes, and submit the following Preliminary Objections to the
Complaint filed by Plaintiffs.
1. Failure to attach Required Documents: Under Rule 1019(h) of the
Pennsylvania Rules of Civil Procedure, the Plaintiff is required to attach a
copy of any writing upon which the action is basedc
a. This eviction action relies upon a written lease, which is referred to
repeatedly throughout the Complaint, beginning at paragraph 3.
b. In fact, paragraph 3 of the Complaint indicates that the lease is
attached.
c. There is no lease attached to the Complaint, either in the original
filed at the Courthouse or the Certified copy served upon counsel for
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the Defendants_
2. Failure to Attach Notice to Plead: Under Rule 1018.1 of the
Pennsylvania Rules of Civil Procedure, the Plaintiff is required to attach a
Notice to Defend. See also Rule 1361.
a. There is No Notice to Defend or Notice to Plead accompanying the
Complaint filed in the case, either in the original filed at the Courthouse or
the Certified copy served upon counsel for the Defendants.
WHEREFORE, for the reasons stated above, Defendants respectfully request
of this Honorable Court that it dismiss Plaintiffs Complaint.
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/ BY: s~mue . Milkes, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, P A 17013
(717) 249-6427
Attorney No. 30130
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JEFFREY S, AUSTIN and
MARY B, AUSTIN,
Plaintiffs
vs,
NO, 00-3009 CML TERM 2000
BRYAN NICKEY and
DEBORAH NICKEY,
Defendants
CML ACTION-LAW
NOTICE
You have beeu sued iu 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 comp]aint 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
ALA WYER 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 A VENUE
CARLISLE, PA 17013
(717) 249-3166
Steven " , Esqulr
Attorney ID# ] 6269
FISHMAN & MORGENTHAL
Attorneys for Plaintiff
95 Alexander Spring Rd" Suite 3
Carlisle, P A 17013
(717) 249-6333
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JEFFREY S, AUSTIN and
MARY B. AUSTIN,
Plaintiff
IN THE COURT OF COl'v1MON PLEAS
OF CUMBERLAND COUNTY
PENNSYL VANIA
NO, 00-3009 CIVIL TERM 2000
V.
BRYAN NICKEY and
DEBORAH NICKEY,
Defendant
,;;
AMENDED COMPLAINT IN EJECTMENT
1. Plaintiffs Jeffrey S, Austin and Mary B. Austin are adult individuals with an office at 716
North West Street, Carlisle, Pennsylvania 17013,
2, Defendants Bryan and Deborah Nickey are adult individuals residing at 220 Marion
Avenue, Carlisle, Pennsylvania 17013,
3. On February 14, 2000, Plaintiffs and Defendants entered into a certain lease agreement, a
copy of which is attached hereto and incorporated herein by reference thereto as Exhibit 1,
4, The lease agreement provides inter alia in paragraph 14 that the tenants agree to "comply
and procure compliance of members of his family, and his guests with the attached regulation," which
are attached to the subject lease.
5, Item 1 of the said Occupancy Regulations provides that, "The said premises are to be
kept and maintained in as good repair and condition as at present. At the expiration of this lease, they
are to be surrendered in like repair and condition,"
6, Item 2 of the hereinafter referred to Occupancy Regulations provides as follows:
"Neither Resident nor guests shall do any acts which shall disturb the peaceful use and enjoyment of the
premises by other tenants,"
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7, Between February 14, 2000 and April I, 2000, and to this date the Defendants and their
children have breached Occupancy Regulations I and 2 on a recurring basis. Violations specifically
include:
1. Engaging in loud, boisterous and vulgar verbal communications around Plaintiff's
family such volume as to disturb the peaceful enjoyment of the apartment premises by
other tenants,
11, Directing loud, threatening and often vulgar and obscene comments to neighbors
in the said complex all of which has disturbed the peaceful enjoyment of the premises by
other tenants.
111. On March 6, 2000, Defendants' son was reported by a neighbor, Dianna
Detweiler, to have thrown a glass of milk on Detweiler's front door and repeatedly rang
the neighbor's doorbells without good reason,
IV, On March 9,2000, Plaintiffs' agent Mary Strange, observed and reported damage
to the patio area caused by Defendant or her children, and also observed the accumulation
of cigarette butts on the property leased to Defendants ahd further cautioned Defendant
Deborah Nickey to refrain from throwing cigarette butts on the ground, patio walkway
and the surrounding patio area of the neighbors.
v, The concrete condition was verified by Mary Strange on March 13 and March 15,
Strange also observed a "pile of trash overflowing the dumpster."
VI. On March 9, Plaintiffs' agent, Mary Strange was advised by another of
Defendant's neighbors, that Defendant's sons had thrown cigarette butts at their front
3
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door, taken and thrown stones from the garden area adjacent to the leased premises and
had kicked out newly installed concrete at the steps,
VII. On April 6, 2000, the neighbors reported to Plaintiffs' agent Mary Strange, that
Defendant "kept them up all night" running up and down the steps and cursing.
Continued trash and stone throwing violations were also observed,
Vlll. On April 22, 2000, the neighbor, Ms, Detweiler of 222 Marion Avenue, reported
to Plaintiffs' agent Mary Strange that the Defendant's son had called her a "bitch" and
called her children "niggers,"
IX. On April 27, 2000, tenants at 222 Marion Avenue reported that the Defendants
had ripped out the flower garden and had sprayed painted lines in the parking area
without Plaintiff's approval.
x, On April 27, 2000, a criminal report was made to the North Middleton Township
Police as the result of the yelling and cursing of Defendant's son.
Xl, On April 28, 2000, Defendant's neighbors reported to Plaintiffs' agent that
Defendant's son had been repeatedly crashing his bicycle into the garage door at 235
Marion Avenue. The condition was verified by the manager, Mary Strange.
Xli. On May 4, 2000, the North Middleton Policy were called in response to
Defendant Deborah Nickey's brother that one of Defendant's sons had a gun. The police
reported a shoving match between Mrs, Nickey and her son, Schuyler. A daisy pellet gun
was taken from Defendant's son, Schuyler Nickey. The gun was reportedly removed
from the premises by the police.
XIII, On May 8, 2000 the North Middleton Township Police cited Defendant's son,
Schuyler Nickey, for "yelling and cursing,"
4
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8. As the result of the Defendant's course of conduct from February 14, 2000 to date, other
tenants have expressed their intent to move out of the complex unless Defendants conduct was
remedied,
9, The course of conduct displayed by Defendants is a clear failure to comply with
Conditions 1 and 2 of the attached Occupancy Regulations.
10, Defendants conduct as described above is also in clear violation of the provisions of the
Pennsylvania Landlord & Tenant Act, related to multiple dwelling premises (68 P,S, S 250.503-A (1)
and (2)) which provides, inter alia, that any tenant must (1) Not permit any person on the premises with
his permission to wilfully or wantonly destroy, deface, damage, impair, or remove any part of the
structure or dwelling unit, or the facilities, equipment, or appurtenances thereto or used in common, nor
himself do any such thing; (2) Not permit any person on the premises with his permission to wilfully or
wantonly disturb the peaceful enjoyment of the premises by other tenants or neighbors,
11. Notice to Quit was given in accordance with law on April 7, 2000,
12. On May 8, 2000, District Justice Paula p, Correal issued an Order of Possession in favor
of Plaintiff
13, On May 15, 2000, Defendants filed an appeal to the above captioned number and term of
Court,
14. Despite numerous requests, Defendants have failed and refused to correct their violations
of the lease and the above related Multiple Dwelling Premises Act.
5
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15, Wherefore, Plaintiff requests this Court (l) enter judgement in favor of Plaintiffs and
against Defendants for possession of the premises at 220 Marion Avenue, North Middleton Township,
Cumberland County, Pennsylvania; (2) to order Defendants to pay to Plaintiffs all rental payments due
to the date of eviction; (3) to order Defendants to repair the premises to the condition of the property at
the inception of the lease, ordinary wear and tear along excepted; and (4) to order the Defendants to pay
Plaintiffs court costs in this matter,
~pe:I~~~~"
Steven J. Fishman, Esquire
ill No, 16269
FISHMAN & MORGENTHAL
95 Alexander Spring Road, Suite 3
Carlisle, Pennsylvania 17013
Attorney for Plaintiff
6
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VERIFICATION
I, Jeffrey S, Austin and Mary B. Austin, state that the facts set forth in the foregoing Amended
Complaint in Ejectment are true and correct to the best of my knowledge, information and belief, and
are made subject to the penalties of 18 Pa, C. S, 94904 relating to unsworn falsifications to authorities,
~E~..
:::(.~"~~
Dated: Cf / sf flc)
7
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ARTICLEOFAGREE~NT
THIS LEASE made this 14th davof FEBRUARY
2000 BElWEEN.
JEFFREY S. & MARY B. AUSTIN, the Landlord, AND BRYAN & DEBORAH NICKEY
( hereinafter where one or more, referred to as
"Resident"), jointly and severally:
WITNESSETH, the Lmdlord, in consideration of the rents and covenants hereinafter
mentioned, doth demise and lease unto the Resident to be used ~a single fami ly
..t;l1ll5
dwellina the premises situate ~ Marion Ave., Carlisle,
County of Cumberland and Commonwealth of PelUlSylvania.
described as follows: 3 bedrooms, 1 & 1/2 bath, living room, country kitchen
with stove, dishwasher, garbage disposal, family room in basement with
wood stove, laundry room in basement, 2 wall air conditioner units.
I
TO HAVE AND TO HOLD unto the said Resident, subject to the conditions of this
agreemcnt for the tenn beginning on the 1 st day of MARCH ,2000 and
ending on the 28th day of FEBRUARY . 2001
IN CONSIDERATION OF WHICH the Resident agrees to pav the Lundlord for thc use and
occupancy of the said premises, the sum of $ 6 2 5 . 00 Doliars payable as follows: ~
before the first day of eaeh month.
AS A FURTIlER CONSIDERATION for the use and occupancy of said premises the
Resident hereby agrees to faithfully keep and be bound by the following covenants. conditions.
and agreements.
1. Rental Davments- Late and Bad Cheek Charl!es. Resident agrees to pay to
I.lIndlord the monthly rote set fonh llbove on the first day of each month, in advancc, at the
Rental Office 716 N. WEST ST., CARLISLE,PA. 17013 orsuchotherplllce
Landlord may from time to time designate by notice in writing. Rl.-sident fun her agrees to pay a
laIc payment charge of five (5) pereent per month of the amount of rent in default on the fifth (5)
day of each month. If rental is mailed, the postmark date will determine the date of payment. If
any check for rent is returnL-d to Landlord for insufficient funds or other I'CllSOn. late charges will
continue until rent is actually paid by Resident and a charge of S 25 . 00 will be added onto
rent amount because of extra bookkeeping due to returned check.
2. Tennination Bv Owner or Resident. It is mutually agreed that either Landlord or
Resident may terminate this lease at the end of the above-described term by giving to the other
puny written notice thereof at least sixty ~dnys prior thereto, bUI in default of
such notice. this lease shall continue upon the same terms and conditions in force immediately
prior to expiration of the term hereof as are contained for a fUl1her period of 30 dnys and
so on from end of the lease unless or until terminated by either party hereto giving the other
30 days written notice of termination previous to expiration of t he then current term.
EXHIBIT
(1)
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perfonnance of this lease. and against any damages caused to the dwelling or any other part of
the Owner'sproperty by Resident, his family and guests. Resident understands and agrees that
the security ~pcilSit may not be applied as rent or against any other amount due from Resident to
Owner, and iliat the ffiOIl\thly rent will be paid each month, including the last month of the lease
tenn. Within thirty (30) days following tennination of this lease, Owner shall return the security
deposit providing all utilities are paid in full, less any deductions for cleaning or damages of the
dwelling whiqh will be discussed with Resident at final inspection of the dwelling. RESIDENT
IS ADVISED TO BE AWARE OF IllS RIGHTS UNDER "'1HE LANDLORD AND TENANT
ACT OF 1951". ACT OF APRIL 6,1951, P.L 69, AS AMENDED BY lHEACT OF
DECEMBER 29. 1972, P.L -,NO.363.
12. Use or Exterior. this lease confers no rights on Resident to use for any purpose any
of the propertY of Owner other that the interior of the residence hereby leased, except the walks
and roadways giving access thereto and such other areas, if any. as Owner~y from time to
time designate for the use of residents. When the use by Resident of any other portion of
Owner's property is permitted. it shall be subject to the rnIes and regulations established by
Owner.
13. Owner's Remedies. If Resident shall fail to pay rent. or any other sum, to Owner
when due. shall default in any other provisions of this lease, or shall remove or attempt to
remove his possessions from the premises before paying to Owner all rent due to the end of the
lease term. Owner, in addition to all other remedies provided by law, may;
,
(a.) discontinue utility service provided by owner,
(b.) terminate this lease;
(c.) bring an action to recover possession of the premises;
(d.) bring an action to recover the whole balance of the rent and other
charges due hereinunder. of whatever kind and nature, together
with any and all consequential damages caused by Resident's
default, including attomey's fees of Three Hundred ($300.00)
Dollnrs and court costs.
14. Rel!IIlations. RESIDENT AGREES TIlA T HE WILL COMPLY AND PROCURE
COMPLIANCE OF MEMBERS OF HIS FAMILY. AND HIS GUESTS wrm TIIE
OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND/OR WHICH ARE
ATIACHED.
IS. SubordioaftiolL this lease is subject and subordinate to the lien of all mortgnges now
or at anytime hereinafter placed upon any part of Owner's property which includes the
dwelling, to extensions or renewals thereof, Resident agrees. upon request, to execute such .
further instnunents evidencing such subordination as Owner may request. and if Resident fails to
do so, Owner is empowered to do so in the name of Resident.
16. Landlord's liabilitv - Electric & P1umbinlJ. In the event of power or loss. low
voltage or failure of any mechanical or appliances. which may result in the loss of food in
storage or any other type of personal losses as a result of such fail ure. Owner shall be held
hannless, legally or otherwise for such occurrences. during the entire term of this lease and its
renewal periods, if any.
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17. Forbearance - Late Pavments. Acceptance by the Owner of any of the rent at
anytime after the same shall become due, after default bas been made in the payment thereof, or
any failure to enforce any of the rights herein reserved to the Owner, of any of the penalties, '
forfeitures. or conditions herein contained, shall not in any ways be considered a waiver of the
right to enforce the same at anytime without any notice whatsoever, and any attempt to collect
the rent by one pl\A.<:cdiJng shall not be considered as a waiver of the right to collect the same by
any other proceeding, but all of the rights of the Owner, and all forfeitures. penalties and
conditions may be enforced together or successively at the option of the Owner.
18. ConCession or JodPmem. Upon the breach of any of the covenants or agreements of
this lease or upon its tennination bY forfeiture, default or expiration, the Prothonotary or any
attorney as aforesaid is hereby authorized to appear for and to confess judgment in an amicable
action of ejectment against the said Resident and in favor of the' Owner for the premises herein
described and to direct tlhe immediate issuing of a writ of haver facias possessionem of fierifacias
for costs, waiving all irregularities, without notice and without asking leave of court.
19. Notice of01llit: Waiver. Resident hereby waives the Notice to Quit requirements of
the Pennsylvania wdlord and Tenant Act of 1951 as amepded 68 P.S. 250.101 et seq. which
provides for fifteen (15), thirty (30), or ninety (90) day notice to quit in certain circumstances. In
lieu thereof. in the event Resident fails to pay the rent when due, or breaches any other tenns or
conditions of this lease, Owner shall be required to give Resident only five (5) days written
notice prior to commencing le,gal action against Resident. The notice shall be served by any of
the following means: by delivering a copy of the noti~e by fust class mail, by notifying the
Resident in person. by delivering a copy of the notice by certified or registered mail, or by
posting said notice on the property.
20. Utilitv Services: (coonectiooJdisc:oonectiom. If Resident fails to put the utility
services into their name at the beginning of the~i QR if Resident ends the utility services
before the end of the Lease, the Resident will be charged a $25.00 service fee, plus utility fees.
21. The Term "'Resident". The tenn MResident" used herein shall refer collectively to
all petsons named above. and signing this lease as Resident, and lia~iji~y of each person shall be
joint and several. Notice given by Qwner to any person named:is ResIdent, or by any such
person to Qwner, shall bind all persons signing this lease as Resident.'
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MARION AVENUE OCCUPANCY REGULATIONS CONT'
12. Landlord will maintain the lawn and any exterior landscaping on or around
~~~~~. .
13. Chimney cleaning will be at Resident's expense,
14. All garden hoses should be disconnected from the outsi~ faucets by the
end of September. If Resident fails to do the disconnection and the pipe
freezes and water comes into the basement next time the faucet is used
Resident will be charged for the repair because of his negligence.
15. Resident will be responsible for payment of maintenance service call and
material costs for the following due to negligence of Resident:
Bathtub - Toys, coins or any abnonnaI item found that clogged the drain,
Toilet - Sanitary napkins, tampons, paper towels, toys or any abnormal items
All sinks - :roy~, coins, plastic items or any abnonnal items
Garbage Disposal - Glass, metal, leather, cloth, rubber, string, feathers,
plastic or paper products, toys, coins or any abnormal items. No
extremely fibrous waste such as com husks, lima bean pods or
artichoke leaves or any large rinds of fruit that weren't cut up into
smaller pieces.
Dishwasher - Any plastic items or broken glass or any abnormal items.
16. Water Beds are not allowed without special permission from the
Landlord/Owner, If any damages occur due to water bed being on premises,
it will be the responsibility of the Resident to pay cost of repairs including
materials, labor and travel time.
17. Move out inspection will take place on a weekday, Monday through Friday,
between the hours of 9:00 AM and 5:00 PM, during office hours,
excluding Holidays, Any check out appointment that is requested to be
done Saturday, Sunday or after regular office hours, the Tenant will be
charged a $75.00 fee, with no exceptions. Your lease has been initially
set up to accommodate a non-weekend or Holiday move out.
18. Parking Area - Resident will be charged a restoration fee for any vehicles
that are parked on the grass.
19. Procedure for thawing ice on walks, steps, etc., DON'T use any product
that contains Rock Salt. The only products you are allowed to use are:
Zero Ice or Calciwn. If there is evidence of Rock Salt being used, you
could be charged for repairs and/or a restoration fee.
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MARION AVENUE OCCUPANCY REGULATIONS CONT'
20. Any area below grade may not be free from water damage or moisture
depending on climatic conditions.
21. All keys that were issued must be returned at move out inspection. If all
keys are not returned, you will be charged for replacement of lock and/or
keys.
22. A $25.00 fee will be charged for any change in occupants, except for death.
Also, the procedure is for Residents to call the office and schedule a walk
through inspection for any damages, before the vacating tenant leaves.
23. No trash or furniture is to be left in the residence or sUTTOWlding areas at
the time of move out.
24. Tub mats are not to be left in the tubs after bathing or showering. If damage
occurs from leaving mats in the tubs, tenant will be responsible for damage
and repairs. '
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Jeffrey S. Austin
716 North West Street
Carlisle, PA 17013
(717) 245-0082
---. 41"
MILITARY CLAUSE:
It is expressly agreed that in the event BRYAN NICKEY (Resident), now
selVing in the United States Armed Forees, receives permanent change of station
orders away from the area where the premises are located, or is relieved from Active
Duty, not to include Voluntary Retirement, then in any of these events such patty may
tenninate this Lease upon giving at least Thirty (30) days written notice 10 the other
party, which notice shall have attached a copy of Official Orders or a letter signed
hy the party's Commander reflecting a change which warrants tennination under this
clause. Such tennination shall be without any penalties, forfeitures, or any damages
of any kind, and if the date of such tennination should fall between days on which rent
,
becomes due, there shall accrue on the fim day of the rental period in which such
lenllination shall take effect. a proportionate part only of the rent which would he due
but for such tennination.
FEBRUARY 14, 2000
Date
O;LtLtLf JbQ~
RentaJvManger
Jeffrey B. Austin
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ry . Austm
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GBHERAL POWER ~ n"l'ORHBY
This is III military power of attorney prepared pursuant to
Title 10, United States Code, Section 1044b and executed by a
person,authorized to receive legal assistance from the military
services. Federal law exempts this power of attorney from any
requirement of fom, substance, fOI:mlllity, or recording that is'
, prescribed for powers of attorney under the laws of a state, the
District of COlumbia, or a territory, commonwealth, or possession
of the United States. pederal law specifies that this power of
attorney shall be given the same legal effect as a power of
attorney prepared and executed in accordance with the laws of the
jurlsdictionwhere it is presented.
_u
I, BRYAN KEITH NICKEY
Fort Belvoir. Vir2inia 22060
DEBORAH T.RR NICKEY
Fort Belvoir. Vir2inia 22060
attorney to act ~or me and in my stead as
,
GIVING AND GRANTING unto my said attorney full power:
, of 9279 Statesman RO:::lrl.
do hereby appoint
, of 9279 Statesman Road.
, my true and lawful
followss
To serve in all matters as my GENERAL AGBN'r, includings
To lease, sell, use establish title, register, insure, transfer,
mortgage, manage, pledge, exchange, sell or encumber any and all
of my real, personal or mixed property and to execute and deliver
good and sufficient deeds or other instruments. TO buy, receive
lease, acquire in my name and for my account, real or personal
property. To collect rents, royalties or debtsJ to borrow money
or property in my nameJ to take possession of and or order the
removal, storage or shipment of my property from any location in
the world to any location by private and or Government shipmentsJ
to sign for or clear government quartersJ to prepare, execute and
file income tax returns and to cash tax refund checks. TO receive
and endorse, cash, or deposit negotiable instruments payable to
me to include those drawn upon the Treasurer of the United States
or other fiscal officer. To waive my rights and privilegesJ to
vote my stock and other powersJ to prosecute and defend actions
on my behalf in court or agency proceedingsJ and to designate
successor holders of the powers herein delegated, as fully as I
-:-"'''. ..- ';""--",-. p_r~o""" .uc::h act:.. (My Attorney .hall have RO
r1ght or powers to cancel or change the beneficiary of my life
insurance policy, my Last Will and Testament, or to make medical
decisions about my medical care or texmination of my life.)
FURTHER, I authorize my aforesaid Attorney-in-Pact to perfom all
necessary acts and sign and deliver all necesary documents in the
execution of authorizations with the same validity as I could. I
hereby declare that any act or thing lawfully done hereunder by
my said attorney shall be binding on myself, my heirs, assigns,
devisees, legatees, legal and personal representatives.
-Continued on Reverse Side-
PB (JA) FlUO
24 PEB 94 (REV)
Side 1 of 2.
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GENERAL POWER OP A'l'TORNEY
. ( continued)
THIS POWER OF ATTORNEY SHALL REMAIN IN FULL FORCE AND EPFECT
until the occurence of the first of the followinq events: (1) my
death; (2) the death of my said attorney! (3) the revocation of
this power of attorney by me; or (4? unt;Ll INDEFTNTTF.
If on the specified date of expiration I shall be or have been
carried in a military status of M:ISSING, M:ISS:ING-IN-ACTION, or
PR:ISONER OF WAR, th~n this power of attorney shall automatica-
lly remainlvalid until sixty (60) days_~ftar,I ~v~.~tu.;ned to
U'..~,,"ato.& o$iL_..J,..._ iLL~~,-a..i" "cu'i&L..&:o::i.::' - -- - , -- .
**TH:IS POWER OF ATTORNEY SHALL NOT 'fERM:INATE DUE TO THE MENTAL OR
PHYSICAL D:ISABIL:ITY OP THE UNDERS:IGNED PRXNCIPAL. TH:IS POWER W:ILL
CONTINUE IF :I BECOME D:ISABLED, INCAPAC:I~, OR :INCOMPETENT. In
the event legal clarification of my intention is necessary, then
Section 11-9.1, Code of Virqinia should be applied...
IN WITNESS ~EREOF, I have hereunto set my hand and seal
this 3rd dl!ly of March ninteen hundred 95
~~~ \2. a~~\(Y".~ (.SEAL)
ACKNOWLBDGBIIEHT
STATE OP V:IRGINU
COUNTY OP PAIRFAX
I, LISA WILSON , a Notary Public for the State
of Virginia do certify that BRYAN KEITI! NICKEY whose
name is affixed to the foregoing Power of Attorney, whose identi-
ty has been satisfactorily proved to me, personally appeared be-
fore me and having been duly sworn, executed this instrument and
acknowledged 1t as a VOluntary act and deed'tor the uses and
purposes th~rein set forth. IN w:ITNESS WHEREOF, I set my hand
and affixed my seal this 3rd day of March 19-11-.
~~~~,
(./' NOTARY PUBLIC
My Commission Expires:
Mav 11. 1998
(SEAL)
Side 2 of 2.
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JEFFREY S. AUSTIN
and MARY B. AUSTIN,
Plaintiffs
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
BRYAN NICKEY and
DEBORAH NICKEY,
Defendants
NO. 00-3009 CIVIL TERM
ORDER OF COURT
AND NOW, this 21st day of September, 2000, upon consideration of Plaintiffs'
Petition for Release of Rent Escrow, a Rule ishereby issued upon Defendants to show
cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Steven J. Fishman, Esq.
95 Alexander Spring Road
Suite 3
Carlisle, PA 17013
Attorney for Plaintiffs
Samuel W. Milkes, Esq.
52 East High Street
Carlisle, PA 17013
Attorney for Defendants
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PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JEFFREY S. AUSTIN
and MARY B. AUSTIN
NO. 00-3009 CIVIL TERM 2000
vs.
CIVIL ACTION-LAW
BRYAN NICKEY
and DEBORAH NICKEY
ORDER OF COURT
AND NOW, this _ day of , 2000, upon Petition of Plaintiffs,
the Prothonotary of Cumberland County is hereby directed to release to Steven J.
Fishman, Esquire, as attorney for Jeffrey S. Austin and Mary B. Austin, the sum of Two
Thousand Five Hundred and 00/100 ($2,500.00) Dollars currently being held in escrow
pending further determination in the above captioned matter.
By the Court,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JEFFREY S. AUSTIN
and MARY B. AUSTIN
NO. 00-3009 CIVIL TERM 2000
vs,
CIVIL ACTION-LAW
BRYAN NICKEY
and DEBORAH NICKEY
PETITION FOR RELEASE OF RENT ESCROW
Jeffrey S. Austin and Mary B. Austin, by their attorney, Steven J. Fishman,
Esquire hereby petitions the Court to release the amount of Two Thousand Five
Hundred and 00/100 ($2,500,00) Dollars currently held by the Prothonotary in this
matter, which sum represents the rental which has become due during the pendency of
this appeal.
Dated: September 15, 2000
Respectfully Submitted,
~~~-
Steven J. Fishman, Esquire
Attorney No, 16269
Fishman & Morgenthal
95 Alexander Spring Road
Suite 3
Carlisle, PA 17013
(717) 249-6333
Attorney for Plaintiff
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JEFFREY S. AUSTIN and
MARY B. AUSTIN,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action No. 00-3009 - Civil Term 2000
v.
BRYAN NICKEY and
DEBORAH NICKEY,
Defendants
NOTTr.F.
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 the
Counter Claim 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 Counter Claim or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
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JEFFREY S. AUSTIN and
MARY B. AUSTIN,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,
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Civil Action No. 00-3009 - Civil Term 2000
v.
BRYAN NICKEY and
DEBORAH NICKEY,
Defendants
A N~WRR 'T'O A MRNDRD r.OMPT ,A TN'T' TN R.mr.'T'MRN'T'
COME NOW, the Defendants, by their attorney, Samuel W. Milkes, Jacobsen
& Milkes, and submit the following responses to the Amended Complaint filed by
the Plaintiffs.
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6, Admitted.
7. Denied that Defendants have breached any lease or Occupancy
Regulation requirements. Specifically, Defendants respond as follows:
1. They have not engaged in these types of communications and have
not disturbed the neighborhood.
11. Same response.
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111. Defendants' son is five years old. The Defendants are unaware
of any such incident having occurred and deny that it did.
IV. Defendants are unable to respond to what Mary Strange mayor
may not have said but the Defendants specifically deny having thrown cigarette
butts in the manner described. Defendants deny that any conversation took place
with Mary Strange about these subjects.
v. Defendants are unable to respond to what Mary Strange mayor
may not have seen. They admit that at the very beginning of their occupancy, they
had some confusion about how trash was collected and as a result, there was some
accumulation of trash. Within a brief period of time, the Defendants learned about
the trash collection policies and there has been no accumulation since.
VI. Defendants are unable to respond to what Mary Strange mayor
may not have heard or said but they deny specifically the allegations set forth in
this subparagraph.
Vll. Defendants are unable to respond to what Mary Strange mayor
may not have heard or said but they deny specifically the allegations set forth in
this subparagraph.
Vll1. Defendants are unable to respond to what Mary Strange or Ms.
Detweiler mayor may not have heard or said, or claimed to have heard or said, but
they deny specifically the allegations set forth in this subparagraph.
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IX. Defendants are unable to respond to what tenants mayor may
not have reported to someone else, but they deny specifically the allegations set
forth in this subparagraph. They did not rip out the flowerbed or paint lines.
x. Admitted that on one occasion, North Middleton Township
police were called to the Defendants' residence by the Defendant, Deborah Nickey,
but not because of yelling or cursing, but rather a disagreement with her son. On
another occasion, the police were called by someone else, for reasons not known to
Defendants.
Xl.
Defendants are not able to admit or deny what a neighbor may
or may not have said to Plaintiffs' agent or what Mary Strange may have seen, but
they specifically deny that the damage occurred at all, from what they are able to
see of this door and they deny their son caused any damage.
Xli. Admitted a lawful pellet gun was removed, although no charges
were flied against anyone. Denied that any such shoving match occurred.
XliI. Admitted this citation occurred, although there has been no
conviction for this offense and Defendants deny its occurrence.
8, Defendants deny this allegation and have no information to suggest
these threats have been made. They deny there is any basis for these threats
having been made and they deny having engaged in any improper course of conduct.
9. Denied that any actions of the Defendants constitute violations of
the lease or the Regulations.
10. Denied that Defendants have violated these provisions of the
Landlord & Tenant Act, for the reasons stated above.
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12. Admitted. Defendants were unrepresented in this proceeding and
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13. Admitted.
14. Denied that any such numerous requests have occurred and it is
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Defendants deny Plaintiffs are entitled to this relief.
WHEREFORE, for the reasons stated above, Defendants respectfully request
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possession of the residency to the Plaintiffs.
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17. The next-door neighbors to the Defendants are friends, and
specifically Ms. Detweiler is a friend of Mary Strange, Plaintiffs agent.
18. Ms. Detweiler desired that her daughter be able to reside with Ms.
Detweiler.
19. Ms. Detweiler desired that the residence occupied by Defendants
be made available to her daughter for her daughter to live there.
20. Recently, Ms. Detweiler's daughter has moved into Ms. Detweiler's
residence.
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21. The primary complaints and allegations made by Plaintiffs in their
Complaint have to do with incidents either alleged to have been reported by
someone in the Detweiler residence or involving someone in the Detweiler
residence.
22. It is the intention of Ms. Detweiler to help assure that the
Defendants can be evicted.
23. It is the intention ofthe Plaintiffs agent, Mary Strange, to assist
Ms. Detweiler, by evicting the Defendants.
24. The Defendants are harmed by the conduct of Plaintiffs and their
agent, along with Ms. Detweiler, in that the Defendants are threatened with
wrongful eviction, without legal basis.
25. The wrongful conduct described above is causing the Defendants
harm in that they are threatened with incurring various costs in this action and
they are threatened with being evicted before the end of their lease term.
26. The actions of the Plaintiffs cause the Defendants emotional
distress.
27. The Defendants are financially harmed by Plaintiffs' conduct if
Defendants are unable to find housing at a cost and quality equivalent to that
provided by Plaintiffs. Defendants anticipate being harmed in an amount of at
least eight hundred ($800.00) dollars.
28. The Defendants are also to incur the costs of finding alternative
housing and of moving, which they anticipate to be at a cost of at least five hundred
($500.00) dollars.
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BY: Samuel W. Milkes, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle,PA 17013
(717) 249-6427
Attorney No. 30130
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WHEREFORE, Defendants request of this Honorable Court that it deny the
relief requested by Plaintiffs and that it grant damages to Defendants for their
threatened wrongful eviction, for their emotional distress, and for the costs involved
in securing alternative housing.
VERIFICATION
I hereby verify that the statements made in the foregoing are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
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JEFFREY S. AUSTIN and
MARY B. AUSTIN,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action No. 00-3009 - Civil Term 2000
v.
BRYAN NICKEY and
DEBORAH NICKEY,
Defendants
I:RR'I'TFH:A'I'R OF RRR'iTTI:R
I, Samuel W. Milkes, hereby certify that a copy of the Answer to Amended
Complaint in Ejectment and Counterclaim in the above captioned matter was duly
served upon Steven Fishman, counsel for the Plaintiffs, by depositing it in the U.S.
Mail, first class, on September 27, 2000, addressed as follows:
Steven Fishman, Esq.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013-3290
I hereby verify that the statements made in the foregoing are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.B. Section 4904, relating to unsworn falsification to authorities.
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DATE:
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JEFFREY S. AUSTIN and
MARY B. AUSTIN,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action No. 00-3009 - Civil Term 2000
v.
BRYAN NICKEY and
DEBORAH NICKEY,
Defendants
ORDER OF COURT
AND NOW, this ~day of
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, 2000, upon
presentation and consideration of the Petition for Release of Rent Escrow filed by
the Plaintiffs and a Stipulation filed by counsel in this matter, the following is
hereby Ordeted and Decreed:
1. Any funds now in escrow in the above styled action, having been deposited
with the Prothonotary by the Defendants, are directed to be immediately
released to the Plaintiffs.
2. Effective the November 2000 and subsequent payments of rent, or any
other rent due, Defendants shall pay these monthly rents as due, directly
to the Plaintiffs, and not deposit these amount with the Prothonotary.
These payments shall be required, as though paid to the Prothonotary,
putsuant to 68 Pa.C.S. Section 250.513, and shall continue to be due until
such time as they would no longer have been due under this statute.
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JEFFREY S. AUSTIN and
MARY B. AUSTIN,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action No. 00-3009 - Civil Term 2000
v.
BRYAN NICKEY and
DEBORAH NICKEY,
Defendants
STIPULATION OF COUNSEL
COME NOW, the parties in the above action, the Plaintiffs by Steven J.
Fishman, Fishman & MorgEnthal and the Defendants by Samuel W. Milkes,
Jacobsen & Milkes, and stipulate that they are in agreement the attached Order of
Court may be entered, as a means of resolving the Petition for Release of Rent
Escrow filed by the Plaintiffs on September 18, 2000 and as a means of resolving
any issues which might have been raised in a responsive pleading that could have
been filed by Defendants.
WHEREFORE, the parties request of this Honorable Court that it enter the
attached proposed Order.
FISHMAN & MORGENTHAL-
JACOBSEN & MILKES
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Steven J. Fishman
95 Alexander Spring Road
Carlisle, P A 17013
(717)249-6333
Attorney for Plaintiffs
BY,~~/
Samuel W. Milkes
52 East High Street
Carlisle, P A 17013
(717)249-6427
Attorney for Defendants
Date: lCJ(< \ (<C:lc::o
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JEFFREY S. AUSTIN and
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Plaintiffs
:: IN THE COURT OF COMMON PLEAS OF
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vs.
:: NO, 00-3009 - CIVIL TERM
BRYAN NICKEY and
DEBORAH NICKEY,
Defendants
:: CIVIL ACTION-LAW
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above captioned matter satisfied and discontinued.
Date: September 3, 2003
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Steven J. IS an, Esquire
l.D.#16269
Salzmann, DePaulis & Fishman, P.C.
95 Alexander Spring Road, Suite 3
Carlisle, P A 17013
(717) 249-6333
Attorney for Plaintiffs
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