Loading...
HomeMy WebLinkAbout04-0714COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland N6 H OIS7RICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na Oy - 711/ NOTICE OF APPEAL PA Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below NAME OF APPELLAW John A. Nikoloff ADDRESS OF AIWUAW MAG DIST. NO OR NAME OF DJ. 1 09-1-01 CITY STATE 193 Bradley Circle New Cumberland DATE OF JUDGMENT N THE CASE OF (palNlrl) 2/6/04 Harrisburg Academy vs John A. CLAIM NO SIGNATURE OF APPELLANT OR HS ATTORNEY OR cv*qk LT 19 ooooolz-na `7 LT 19 / This block will be signed ONLY when this notation is required under Pa. R.C.P.O. No. If appell 1008B. (Oek?) )loff ei" l r-- ZIP CODE 17070 CLAIMANT (see Pa. R.C.P.J.P. No. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case Fll F A CnMPLAINT within twenty f2n I daus after signature of Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Harrisburg Academy appellee(s), to file a complaint in this appeal w, -Nam of appellees) y of judgment of ran pros (Common Pleas No n4 ^ /?? ?6t?1? l?1" within twenty (20) days after service of rule or s r "ty G\ si of appettarrt a his atbinsy or agent RULE: To Harrisburg Academy appellees) Name of appellees) 1 (1) You are ratified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do rat file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the dote of mailing. n I y e' 2r r, sae a l C oE?wy ACPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Thos proof or service MUST BE FILED 00 THIN TEN (rd) DAYS AFTER f;ong Erie noPieB of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY : ss AFFIDAVIT: I hereby swear of affirm that I served r.._..1 a copy of inn Notice of Appeal, Common Pleas NC --------- the District Justice decignat2n therein on {date of service! _____ _ _ , ? by personal servit,e ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (»ame) __-?--_-. -_---._.----- ___?_-- -_ on , 19_- Ln by personal service ? by {certified) (registered) mail, sender's receipt attached hereto. 0 and turtherthat!served the Ruieto Fiiea Complaintaccompanying theabove NoiCeot Appeal upon theappellee(s) towhom the Rule was addressed on ...___?...-.._._.____._...__-.?._- . 19_.. _, i by persona! sere ce Es of, Icemf+eo) {registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS GAY OF , 19_..___ Signv me 0t ot9c tint e ndctr fft s ,} waS r-<n, IWO of ofticrat My commission N 1 W I? r -z? l_ Signature ntaffiant 2?J lam' d r '+1 rn CD ""7 C T1 frl rj (-Jy ? T ryi nl COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dls,. Na. 09-1-01 DJ Name. Hon. CHARLES A. CLEMENT, Addle" 400 BRIDGE STREET OLDE TOWNE COMMONS NEW CUMBERLAND, PA T.[epnene. (717) 774-5989 JOHN A. NIKOLOFF 93 BRADLEY CIRCLE NEW CUMBERLAND, PA 17070 THIS IS TO NOTIFY YOU THAT: Judgment: JR. -SUITE 3 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME aid ADDRESS _ FHARRISBURG ACADEMY 10 ERFORD ROAD WORMLEYSBURG, PA 17043 L J Vs. DEFENDANT: NAME and ADDRESS FRIKOLOFF, JOHN A a93 BRADLEY CIRCLE NEW CUMBERLAND, PA 17070 L J DocketNo.: CV-0000012-04 Date Filed: 12/31/03 FOR PT,ATNTIFF Judgment was entered for: (Name) HTTRPTRRTTRI+ Ar,AnF.MY Judgment was entered against: (Name) NTROT.OFF, JOAN A in the amount of $ 7,422.67 on: ? Defendants are jointly and severally liable. Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) 2/06/04 (Date & Time) Amount of Judgment $ 7,307.67 Judgment Costs $ 115.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 7,422.67 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT QEB70R PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. F 1 L? - ?f3(14 Date ?fp District Justice I certify that this is a true and correct copy of the record of the proceedings containi 5g.the judgment. Date , District Justice My commission expires first Monday of January, 2008 . SEAL AOPC 315-03 DATE PRINTED: 2/10/04 11:12:17 AM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT f?:s p, <vf se+bicP ,AfUS; BE F0 FD ?AV17"N7N TEN f!0) LAYS AFTER Wing the notice of appeal Check applicable boxes) ! ti s!Iy JF" ___ _?._..? C.._.LM_? AI''mo?tt qq?? //,,!! qq^ :ULW"I__ ____._____._. :. ss € I A I' u n< r an afi rm tnai ewer rY t f '' t t AO t L e-cqgro- pk-as r cr J y .L _? _ ... upon '.he Distnc' to tine designated therein on tdat c ?. f by por onai ervlce iA'by . § tiff c? (re isteredl mail, sender's a! ttac le n e a an(l trpr• the 2ppe!1r:e, (name; ?? !S Gt?cr ? on b pe it lonai serves by G.'rt? ifmdj, (registered) mail, sender's receipt attached hereto. of utr' ai kzvitedthe Rl-tufftea'acrpllantaccornpanyngttjeabove Notice of Appeal upon the appelee(s)to whorn 'ty personal swvic,, -r} (cen Waed) .(registered) n c Gee is .. attar t d hcrett _ V, t i t F/?,ryll' 4i t3 >lI t >..?.?Y\r{IfR/, I' € 'Oi signature of a€tiant _?J ?j/? ?i?lcl?r)r? ---------------- ------- i¢ _ ... :; i; r ? fi ? C tar lM a3 ^:B Ulf'.: Fh i , Ln 0 O 0 O O O +-i (Entlorseme R 'Pt Fee quires) ResMcted Debvery Fee (Endorsement Req,,, C? o ? r n. (T, W mr- :? U O O m L tV W to ? -t COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF C640-N PLEAS FROM Cumberland JAMUnICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na OLI - 7/L' l21 NOTICE OF APPEAL Notice. is given that the appellant has filed in the above. Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. 2 CV** 11000012-04 This block will be signed ONLY when this notation is required under Pa. R.L Y.J:Y. IVa 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case If (see Pa. 1001(6Yin action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. . (This section of form to be use rF NOT USED, detach from c PRAECIPEs To Prothonotary when appellant was DEFENDANT (see Pa. 11C.P.J.P. No. 1001(7) inaction before District Justice. ice of appeal to be served upon appellee). Enter rule upon Harrisburg Academy , oppellee(s), to file a complaint in this appeal N'a-me?of appeUeets) (Common Pleas No ny - "J/y 01 t within twenty (20) days after service of rule or su a of judgment of non pros. Si app~t a rus attorney a agent RLILEs To Harrisburg Acade?y appellee(s). Name of appeBeels) - notlfre'd 1lwtartde is a Hereby(., 'complain " tvren?1' { (1) You are service of this rule upon you by personal service tered uP? yalTarf a ' tynAfik StOrdays•af f by certified or registered nail (2) If you do no.110`k tomplaint within tNs time, JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. ., ?? ... .I r r (3) The date Of 7id,*9 ser3ite,mail is the date of mailing Date t ry?l My Y AOPC312-90 COURT FILE Of HARRISBURG ACADEMY Plaintiff VS. JOHN A. NIKOLOFF Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION :04-714 CIVIL TERM ENTRY OF APPEARANCE AND REQUEST FOR REMOVAL FROM INACTIVITY TERMINATION LIST On behalf of the Plaintiff, please enter the appearance of the undersigned. Please remove this case from the list of cases which are scheduled to be dismissed for inactivity. YOFFE & YOFFE, P.C. Date: October 5, 2007 By f` Jeffrey N. Yoffe, Esq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@a verizon. net r-2 - q CP ' Cl) cp S 4?. Z'? Z5 ' . y THE HARRISBURG ACADEMY, Plaintiff VS. JOHN A. NIKOLOFF Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-714 CIVIL TERM CIVIL ACTION 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 (717)249-3166 (800)990-9108 NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 (800)990-9108 THE HARRISBURG ACADEMY, Plaintiff VS. JOHN A. NIKOLOFF Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-714 CIVIL TERM CIVIL ACTION !`nAiTDT n n.r'r 1. Plaintiff is The Harrisburg Academy, located at 10 Erford Road, Wormleysburg, PA 17043. 2. Defendant is John A. Nikoloff who resides at 293 Bradley Circle, New Cumberland, PA 17070. 3. Plaintiff is a private institution providing education to children at various grade levels. 4. On September 7, 2000 Plaintiff and Defendant entered into a written contract entitled "Enrollment Agreement" and the same is attached hereto as Exhibit "A". 5. The September 7, 2000 enrollment agreement pertains to the daughter of Defendant enrolling in the 8th grade at the Harrisburg Academy for the 2000 - 2001 school year. 6. Tuition and finance charges which remain owing for the 2000 - 2001 school year total $5,621.29 ($10,160.00 + $163.00 + $103.19 - $600.00 - $4,204.90). 7. In consideration of Defendant' daughter enrolling in the 8th grade for the 2000 - 2001 academic year, the enrollment agreement requires Defendant to pay Plaintiff the following sums: a. Tuition: $10,160.00 b. Tuition Refund Insurance: $163.00 c. Interest At 12% On Unpaid Balances Up To And Including July 8, 2008 $4,925.64 d. Finance Charges $103.19 e. Collection Fees Including Attorney Fees $5,273.47 SUB-TOTAL: $20,625.30 Less Amounts Paid Or Credited f. Paym't Rec'd On Or Around December 15, 2000 ($600.00) g. Tuition Refund Insurance ($4,204.90) TOTAL DUE: $15,820.40 r 8. Interest on unpaid balances after July 8, 2008 continues to accrue at $1.8141 per day. 9. Plaintiff has requested that Defendant pay the aforesaid balance, however, Defendant refuses to pay the same. WHEREFORE, The Harrisburg Academy requests judgment against John A. Nikiloff in the amount of $15,820.40 plus $1.8141 per day for each day after July 8, 2008 up until the day judgment is entered. YOFFE & YOFFE, P.C. By U/ I ?'r 61EfFRffY N. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 jyoffe@verizon.net (717) 975-1838 Attorney ID No. 52933 THE HARRISBURG ACADEMY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-714 CIVIL TERM JOHN A. NIKOLOFF Defendant CIVIL ACTION VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. THE HARRISBURG ACADEMY Dated: 7- _ By a"4j C . 3?ff ` Name: David C. Zett Title: Business Manager 07/02/2008 14:01 717-975-0894 HARRISBURG ACADEMY PAGE 11 ?p THE HARRISBURG ACADEMY "V- 10 Erford Road t? Wormleysburg, PA 17043 A 2000 - 2001 ENROLLMENT AGREEMENT The larrisburg Academy having offered eurol lmont to i a r d a n N i k n l o f f for the academic year 2000-2001 as a student in grade 8 we herewith forward as a non refundable advance deposit on account of tuition for that academic year, the amount of 5600.110. We understand that this deposit will be applied to the second semester tuition if we opt for other than payment in full before the start of the school year. We understand that by signing and returning this enrollment contract we have unconditionally obligated ourselves to pay the full year's tuition and fees, as shown on the reverse side of this page, for the applicable grade, and are reserving a place for our child for the entire academic year. We understand and agree that our obligation for the full year's tuition and fees will not be reduced or excused by withdrawal, dismissal from the Academy, illness, disability, death or any other absence for any cause since we recognize and acknowledge that such withdrawal, dismissal or absence will not materially reduce the Academy's cost, or permit the Academy to recoup lost income, and that therefore payment of the full year's tuition and fees is fair and reasonable measure of the liquidated damages which the Academy will suffer in such event. We understand that the Academy's permit- ting tuition or fees to be paid in installments, with one (1) percent interest per month chatged on the balance, does not affect our liability for the full year's tuition. If any balance due on the applicable payment plan remains unpaid for thirty (30) days after written demand for payment, the account may be referred to your attorney for collection. All attorneys' fees and collection fees plus interest and cost, shall be added to the outstanding balance. The default rate of interest shall be 12% per annum, We understand that by signing this enrollment agreement for the coming academic year we accept the rules and regulations of The Harrisburg Academy as of this dale and such rules and regulations as it may issue from time to time hereafter. Unless otherwise directed in writing by both parents/legal guardians of Student, it is the policy of the Academy to provide equal access to all information concerning Student to those parents or legal guardians who execute this Enrollment Agreement. ("Signatory") TheAcademy will provide mailings and student information to the Signatory at the address(es) provided. The Academy's administra- tive and teaching staff will make such information available to Signatory. By executing this agreement, such parents andlor legal guard- ians certify that they have a parental or legal guardianship rights with respect to the Student. Information will not W provided to any other individual, including non-custodial parents or step-parents, unless a written request, accompanied by appropriate and adequate proof in writing of right-to-access to such information, is provided and signed by the parentsllegal guardians to the Academy. We understand that (1) if our child is dismissed from or leaves the Academy for any reason the full amount of tuition and fees becomes due immediately, and (2) if any payment for tuition or fees owing to the Academy is past due in whole or in part, the Academy reserves the right to remove our child from school, and such action by the Academy shall not affect its ri ghts to full payment of tuition or fees as set forth above. The decision of the headmaster to remove or to dismiss our child shall be final and legally binding in all h circumstances. It is farther agreed that enrollment of our child as specified wiadn this agreement may be canceled without addi- tional charge, except payment of the $600.00 non-rehmdable advance deposit, if written notice is received by the Acad- emy Rriez to .Tune 1, 2000. N written notice is not received prior to June 1, 2000, but is received by the Academyllusiness V Office prior to July 1, 2000, a cancellation charge of S2,S00 (in addition to the non-refundable $600.00 advance deposit) will be due and payable. Fallum to provide written notice to the Harrisburg Academy lisWacm Office orwithdrawal w or after July 1, 2000 will result In the full tuition and fees being due and payable. Written notice for ptrrpom of this W agrocruent is any mode of delivery with a signed acknowledgment by the Business Office staff including Certified Mail, u, Federal Express or personal delivery to the Business Office. We also understand that the Academy makes available to parents the Tuition Refund Plan, an insurance program which is described y in the enclosed Jeaflet. Parents who do not pay the annual tuition and fees in full, by August 31, 2000, must participate in the Tuition Refund Plan or must present evidence satisfactory to the Academy that they have secured comparable coverage elsewhere, Participation is elective for those who pay the total annual tuition and fees prior to August 31, 2000. A one-time annual premium for the Tuition Refund Plan will be billed when tuition is billed. This program will give us an opportunity to insure a portion of tuition, annual charges or fees (prepaid and due) in the event of absence or separation of our child, according to the terms of the policy. Additionally we authorize and direct the Academy to collect any claim or payment to which we are entitled under the Tuition Refund Plan and to credit our account, paying any excess to us. We hereby appoint the Academy's business manager as out attorney-in-fact to sign any documents to collect any such claim or payment. Method of'111ition and Fee Payment (Check A or B' in the appropriate space below) As part of this agreement we are indicating below the tuition and fees payment method that we would like to use: A. Payment in full by August 31, 2000. (interest will be charged after this date.) e We Want 'IW ion Refund Insurance: YES NQ___ B. Monthly Payment Plan - Eleven (11) or less, monthly payments commencing August 1, 2000, due b thereafter the first day of each month, plus 19n inLe=i to the tillowd_ balance due and Mysibie z sack month, We understand that by indicating payment Plan B above, that we authorize the Academy to conduct a credit check before agreeing to payment terns requested. c We understand that the tuition deposit will be applied only to the second semester payments for method 0 above. We agree to pay a $25.00 fee for any check returned to the Academy for non- O payment. Pe"_ Enclosed is a $600.00 enrollment deposit for the 2000 - 2001 school year. Date 20 Fa s (Guardian) Sing s^ture Date 20 C51 ?? ,' 1 Y 1 o e s ( rdian) Sign06 Date 1 zo OD Date 20 PLEASE INDICATE PAYMENT METHOD A OR B ABOVE RETURN TO ABOVE ADDRESS EXHIBIT "A" a fJblJYdbti 14:111 11 (-9 lb-08134 HARKI'zi iUKU ALAOEMY HAUE 12 THE HARRISBURG ACADEMY Tuition Schedule 2000-01 GRADE LEV51- N Jr K K 1-4 9-12 TUITION 6,023 6,005 7,055 7,850 5,610 9,130 FEES 597 1,215 1,215 1,350 1,350 1,350 SUBTOTAL 5,624 7,220 8,270 9,20 10,160 10,480 TUITION REFUND INSURANCE 90 116 132 147 163 168 TOTAL 5,714 7,336 8,402 9,34'7 10,323 10,648 MONTHLY PAYMENTS 1 1 519 667 764 8511 938 908 "" PLEASE NOTE" There Is an additional fee of $100. for Seniors for graduation expenses. Payments are to be made the first business day of each month, Aug. 1st through June ist The Academy offers a discount for each family enrolling three or more students at the Academy. The discount wil be $1,000_ total per family, EXHIBIT "A" may„ MICHAEL L. BANGS, ESQUIRE ATTORNEY OR DEFENDANT I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 THE HARRISBURG ACADEMY, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 04-714 CIVIL T RM JOHN A. NIKOLOFF, ) Defendant ) CIVIL ACTION Y Defendant, John A. Nikoloff, by and through his attorney, Michael ?. Bangs, Esquire, files the following Preliminary Objections: 1. Defendant John A. Nikoloff demurs to the Complaint because o the failure of Plaintiff to include an indispensable party, Jamie M. Nikoloff. 2. Defendant John A. Nikoloff demurs to the Complaint because it is not properly filed gned the agreement against the appropriate defendants who jointly and collectively may have :greement. at issue in that there is not joint and several liability under the terms of the WHEREFORE, Defendant John A. Nikoloff requests this Honorable Court to dismiss Plaintiff's Complaint. Respectfully submitted, MICHAEL L. BANGS Attorney for Defendant 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 1 P' .*-% CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing P: OBJECTIONS OF DEFENDANT, by depositing a copy of the same in postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Jeffrey N. Yoffe, Esquire Yoffe & Yoffe 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 DATE: 7121 10? Paralegal K. DAUB ,IMINARY United States mail, 2 :; c HARRISBURG ACADEMY Plaintiff VS. JOHN A. NIKOLOFF Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION :04-714 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO: THE CUMBERLAND COUNTY PROTHONOTARY On behalf of the Plaintiff and with the consent of the Defendant, please mark this case settled, discontinued and ended with prejudice. YOFFE & YOFFE, P.C. Date: 111151tiou g By A"'d _ A W'?- k., / i Jeffre N. Yoffe, Esq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net J? 14,1? L Date: By- -Michael L. Baris, Esq. Attorney for Defendant 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Attorney ID No. 41263 ? ? ? ?`J -` . y°' C> s ? ? °°' --??. ? ,.?'` 'j' . ` i ? Gwt _. y'. ,. +?.?:? ?? t ?''?.p .? !? ..... _ . ..y. i _ ? ..?..