HomeMy WebLinkAbout03-1567GORDON & WEINBERG, P,C.
BY: FREDERIC I. WEINBERG,
& PAUL M. SCHOFIELD, JR.,
Identification No. 41360
21 South 21st Street
Philadelphia, PA 19103
(215) 988-9600
ESQUIRE
ESQUIRE
& 81894
Attorneys for Plaintiff
THIS IS AN ARBITRATION MATTER
ASSESSMENT OF DAMAGES HEARING
IS NOT REQUIRED
THE ANDREWS SCHOOL :
38588 MENTOR AVENUE :
WILLOUGHBY, OH 44094 :
VS. :
:
JOHN A. & JAMIE M. NIKOLOFF, AS :
PARENTS AND/OR LEGAL GUARDIANS OF :
JORDAN NIKOLOFF, A MINOR :
293 BRADLEY CIRCLE :
NEW CUMBERLAND, PA 17070 :
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.:
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 JUDGEMENT MAY BE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY
MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF
REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR
OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 24903166
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
& PAUL M. SCHOFIELD, JR., ESQUIRE
Identification No. 41360 & 81894
21 South 21st Street
Philadelphia, PA 19103
(215) 988-9600
Attorneys for Plaintiff
THIS IS AN ARBITRATION MATTER
ASSESSMENT OF DAMAGES HEARING
IS NOT REQUIRED
THE ANDREWS SCHOOL
38588 MENTOR AVENUE
WILLOUGHBY, OH 44094
vs.
JOHN A. & JAMIE M. NIKOLOFF, AS
PARENTS AND/OR LEGAL GUARDIANS OF
JORDAN NIKOLOFF, A MINOR
293 BRADLEY CIRCLE
NEW CUMBERLAND, PA 17070
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DocKET NO.:
CIVIL ACTION COMPLAINT
Plaintiff is a teaching institution residing at the
address above captioned.
2. Defendants, John A. and Jamie M. Nikoloff, are adult
individuals and parents and/or legal guardians of Jordan
Nikoloff, a minor, with their principal address located at the
address above captioned.
3. Defendants, John A. and Jamie M. Nikoloff, signed an
Enrollment Contract, agreeing to pay tuition payments for Jordan
Nikoloff to The Andrews School for the entire Academic Year. See
Exhibit "A" attached.
4. Defendants, John A. And Jamie M. Nikoloff, defaulted on
the Enrollment Contract making them personally liable for the
total amount due under the contract pursuant to its terms.
5. Despite demand, the defendants have failed to
remit payment.
6. Plaintiff has already credited the defendants' account
for any payments previously made.
7. The Defendants are personally liable for the principal
balance due in the amount of $8,869.84.,
8. WHEREFORE, plaintiff claims of the defendant the
principal amount of $8,869.84, plus interest, court costs, and
attorney's fees.
POlC
GORDON & WEINBERG, P.C.
BY:
~R
FRE G, ESQUIRE
Attorney o~aintiff
VERIFICATION
FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the
attorney for the Plaintiff(s) in this action and verifies that
the statements made in the foregoing pleading are true and
correct to the best of his knowledge, information and belief.
The undersigned understands that the statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to authorities.
FREDER~
SCHOOL
ENROLLMENT CONTRACT
Boarding Student
Academic Year 2001-2002
Educating students
to succeed as
self-reliant women
THIS AGREEMENT is entered into by and between The Andrews School ("School") and the
parents or guardians ("parents") whose signatures appear below.
IN CONSIDERATION OF their mutual promises set forth, the parties accept the following terms
and conditions governing enrollment and attendance at the School:
1. The parents agree to enroll his or her daughter ("student"), as a Boarding student for
the 2001-2002 Academic Year.
Jordan Nikoloff Grade 9
2. Enrollment. Parents hereby enroll student at the School for the 2001-2002
Academic Year pursuant to the terms of this Agreement. They agree that they and the student
will abide by the rules and standards of conduct of the School as set forth in the Student
Handbook or as may be hereafter promulgated by the School, and understand that a violation
thereof may be cause for dismissal or other disciplinary action, as determined by the School.
3. Financial Obligations. Upon the signing of this agreement, the parents agree to pay the
School a nonrefundable tuition deposit of One Thousand Eight Hundred Dollars ($1,800.00). This
deposit will be credited toward the student's annual tuition.
a)
The parents who sign this agreement agree to pay the tuition and all fees for the
Academic Year for the grade in which the student is to be enrolled in accordance with.
the schedule entitled "Financial Information" which is enclosed with this agreement
and is made a part of this agreement.
b)
The parents understand and agree that the student is enrolled for the entire Academic
Year or such portion as may remain after the date of entrance. The parents are liable
for the entire Academic Year's tuition and fees (or if the student is admitted late, the
parents are liable for the pro-rata portion of the entire year's tuition and fees) upon the
signing of this agreement, unless written notification is received by July 1, 2001. In
such case, the parents and School shall thereafter be relieved of any further liability
under this Agreement.
c)
The parents further agree that the withdrawal or dismissal of the student after
July 1, 2001, for whatever the reason, does not relieve the parents of the responsibility
for payment of the remaining unpaid balance due for the entire Academic Year's tuition
and fees.
38588 M[×TOR AvENt.'~:
WII.I ou(;~ ~B¥, OH 44094
w ww.a nd rews-school.org
440-942-3600
fax-440-942-3660
Enrollment Contract
Page 2
a)
The obligation to pay the charges for tuition and fees for the entire Academic Year is
unconditional and no portion of such charges so paid or outstanding will be
refunded or canceled notwithstanding the subsequent absence, withdrawal or
dismissal from the School of the above student.
b)
The School agrees that the parents may elect to pay the balance of the tuition and
fees, after crediting the $1,800 boarding student deposit according to the following
schedule.
1)
2)
3)
One payment in full on or before August 11, 2001: or
Two installments: sixty percent (60%) due on or before August 11,
200t and forty percent (40%) due on or before January 5, 2002: or
The School Minimum Due monthly installment plan if approved by the
Business Office of the School.
c)
The fact that the School allows tuition and fees to be paid in two or more installments
does not create a fractional agreement or in any way relieve the parents of the
responsibility for the entire Academic Year's tuition and fees (or the pro-rata portion
thereof in the case of late entrance). The parents further agree that the total amount
due and payable to the School shall be considered as agreed-upon, liquidated
damages between the parties to this agreement.
d)
The parents agree that if payment of tuition and fees is not made in accordance with
this agreement, the School shall have the right to refuse to admit the student to class
and to terminate this agreement. The parents also agree that the School shall have
the right to withhold the transcript of the student's academic record and/or diploma
until all tuition and fees have been paid.
e)
The "Minimum Due" amount on the monthly invoice is due on the 25~ day of the
month. The unpaid portion of the "Minimum Due" is subject to a LATE CHARGE
which will be added to the balance. The LATE CHARGE is determined by multiplying
the outstanding balance as of the 25th day of the preceding month by a periodic rate
of one and one-half percent (1-112%) per month. The corresponding annual periodic
rate is eighteen percent (18%).
The remaining unpaid balance due for the entire Academic Year's tuition and fees
shall become immediately due and payable in full at the option of the School, without
notice, presentment, or demand of any kind, all of which are hereby waived by the
parents upon the occurrence of any of the following events: the withdrawal or
dismissal of the student for any reason after July 1, 2001: or the failure of the
parents to pay the Minimum Due on the monthly invoice by the 25th day of the month
for at least two months during the Academic Year.
4. School's Discretion. Because of the unique nature ofthe academic environment, the
School must reserve the right to exercise its discretion, based upon its assessment of the
circumstances, when making decisions as to grades, scheduling, curriculum, academic merit,
achievement, advancement, special assistance, discipline, extracurricular activities, athletic
participation, awards, standing, and return to school the following Academic Year.
l~nrollment Contract
Page 3
5. Renewal. No Enrollment Agreement will be binding upon the School until the student
has completed the present Academic Year in good standing. No student will be permitted to
begin a new school year until all existing financial obligations have been satisfied, this
agreement has been signed, and the appropriate deposit paid.
6. Waiver. The School shall not be deemed to have waived any of its rights under this or
any other agreements signed by the student and her parents or guardians unless such waiver
be in writing and signed by the School. No delay or omission on the part of the School in
exercising any rights shall operate as a waiver of any of its rights. A waiver on any one
occasion shall not be construed as a bar to or waiver of any right or remedy on any future
occasion.
7. Invalidity. Whenever possible, each provision of this agreement shall be interpreted in
such manner as to be effective and valid under applicable law; however, if any provision shall
be prohibited or declared invalid under applicable law, such provision shal~ be ineffective to
the extent of such prohibition or invalidity without invalidating the remainder of such provision
or the remainder of the provisions of this Agreement.
8. Law. This agreement shall be governed by the laws of the State of Ohio. The
parties consent to jurisdiction in the state or federal courts located in Lake County, Ohio.
9. Choice of Payment Plan. The parents choose the following payment plan as described
above and detailed in the enclosed document entitled "Financial Information" by initialing
next to one of the plans below.
PLAN A
One Payment Plan
PLAN C
Pre-Paid Installment Plan
PLAN B
Standard Payment Plan
Installment P~n (J
Parent(s), please enclose the tuition deposit of $1,800.00 which will be credited toward the
student's annual tuition. Andrews accepts cash, check Visa or MasterCard.
Visa / MasterCard Card #
(Please circle)
Dated this ~ ~
Exp. Date
day of ~--~ ,2001.
Mr. and Mrs. John A. Nikoloff
293 Bradley Circle
New Cumberland, PA 17070
Signa~.~ of Parent or G~a/i-dian U ~)
200112002 SCHOOL YEAR ENROLLMENT FORMS
Molheds Name:
Molfle¢s
Social Secudty #:
Place of
Business:
Occupation:
Business
Street Address:
City:
State/CountrY:
Zip/Country Code:
Business Phone:
Mo~er's
Cad(ell phone:
Business Fax:
Mother's Information
Father's Information
FatheCs
soc~s~.~. /Fl- ~Z-~"/77
Business
Student/Family Information
Student*s
~*,,,a.~: 4//~¢/- ~ FF--
Student*s ~.~-~ p~
FIRST Name:
Grade: 7
J~,~,4. ~//~/_z¢~
Students
Student's
MIDDLE Name:
Student's
Social Secudty #:
Custodial
Parent/Guardian:
Who does
student live with?
Zip/Country Code:
Home Phone:
Home Fax:
Parents'
Home email:
Student's
Home emaih
Non-Custodial Parent Information
~_~, Na.~: /q/"//.~ /'-/ //
Tdpm_,oun~/Code:
BOARDING STUOENTS
Enrollment- Page 1 of 4
JOHN Ao NIKOLOFF
PH. 717-774.-0738
293 BRADLEY' CIRCLE
NEW CUMBERLAND, PA 17070
3255
~'MPLOYEES CREDIT U-~I~-ON
Harrisburg, PA 17110-2990 ~'- ~ '~~'"~"~ J'/~ I
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SHERIFF'S RETURN - OUT OF COUNTY
..CASE~NO: 2003-01567 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ANDREWS SCHOOL THE
VS
NIKOLOFF JOHN A ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
NIKOLOFF JOHN A PARENT/LEGAL
but was unable to locate Him
deputized the sheriff of YORK
GUARDIAN OF JORDAN NIKOLOFF
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On May
14th , 2003 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep York County
18.00
9.00
10.00
54.36
.00
91.36
05/ 4/2003
GORDON & WEINBERG
So answer.~: / ~ ........ ~
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this /O ~ day of 7k~
~2 g~_~ A.D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-01567 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ANDREWS SCHOOL THE
VS
NIKOLOFF JOHN A ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
NIKOLOFF JAMIE M PARENT/LEGAL
but was unable to locate Her
deputized the sheriff of YORK
GUARDIAN OF JORDAN NIKOLOFF
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On May
14th , 2003 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
05/14/2003
GORDON & WEINBERG
Sworn and subscribed to before me
this /L~' day of ~k~
~_3 A.D.
Prothonotary;
R. ~omas Kline ~'~
Sheriff of Cumberland County
COUNTY OFYORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1. PLAINTIFF/S/
The Andrews School
3. DEFENDANT/S/
John A.
SERVE
SERVICE CALL
(717) 771-9601
~ COURT NUMBER
-'03-1567 civil
4. TYPEOFWRITORCOMPLAINT
& Jamie M. Nikoloff parents/~3~rdi~ns of Jordan Nikoloff Notice and Complaint
5. NAME~F~ND~~lD~AL~~~~PANY~C~RP~RAT~~N~ET~.T~SER~E~RDES~R~PTl~N~FPR~PERTYT~BELE~~ED~ATTA~HED~~RS~LD~
John A. Nikoloff as parent/guardimn of Jordon Nikoloff
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE)
AT 293 Bradley Circle, New Cumberland, PA 17070 Fairview Twp.
7. INDICATE SERVICE: ~1 PERSONAL Q PERSON IN CHARGE '~r'~PUTIZE ~ CERT. MAIL r~ 1ST CLASS MAIL ~) POSTED Q OTHER
NOW Apr~--~ 10 ,20 03 I, SHERle, PA, d~o hereby deputi.ze t~e sheriff of
York COUNTY. to execute~r/~Ik%mtu~cc°rding
to law. This deputization being made at the request and risk of the plaintiff. ~
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
OUT OF COUNTY
CUMBERLAND
ADVANCED FEE PAID BY ATTY
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or a[[aching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before shedff's sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED
GORDON & WEINBERG 21 S. 21st ST. PHILA, PA 19103 215-988-9600 4-4-03
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND CO SHERIFF
13. I acknowledge receipt of the writ
or complaint as indicated above. R. AHRE NS
16. HOWSERVED: P__ERSONAL~ RESIDENC.E~ ) POSTED( ) POE() SHERIFF'S OFFICE ( ) OTHE.~ SEE REMARKS BELOW
17. n I her~t~f~rti~l'~etur~~l~3~-'~,e the individual, company, etc. named above. (See remarks below.)
18 .~ND TH F IN %/I]~A~~ERE IF NOT SHOWN ABOVE (Relationsh p to Defendant) 1~' I~,te of Service 120. Time of_Se.~cice
21.1TT~Mj~Si.te ,~:'/''¢'~-i~eiMiles'.~t~.lDate ,T~, ,"~-/"~"-- '" "/~/ ;'nt. ,Date ,Time.Miles, ,mt ,Date ITimelMilesI Int. IDate /TimelMilesI Int. IDate ITimelMilest Int.
L:}3./ytyarl~Costs 124. Serv'ceCostsI25. N/F /26-Mileage |27' P°stage12S' Sub Total 129. Pound 130. Nota~ 3,.Surchg 32. Tot. Costs 33. C.tsD~~F~i
,~.uu 18.00 5.0~ 27.3~ 50.36~ ~ 4.001 154.36~ 20.64 ~
I I ~ · ' ' ' Found 39 Total Costs 40 Costs Due or Refund
,4. Foreign County C;sts 13~.Aavan~Co~tsl~-Se~'*C°s{~ 137'N°t~C~ ~~
. . SO A~ S
41. AFFIRMED and subscnbed to before me th~s ~ ~ ~ , 45~A~ ~_~ ~
CItyOfWO,',Yo~KCO' OO~~~ore~: HOSE ' /~~51: T:~JA C le2-035-~2-03
50.
1. VVHITE- Issuing Authority 2. PINK- Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office
i 0f2
COUN-TyOFYORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST. YORK, PA 1740%-'
.~HERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN-
2 U DER. . '
SERVICE CALL
(717) '/71-9601
r i 4 TYPE OF WRIT OR COMPLAINT
~ ~nare~ scrod . .
J~EFENO~T'~--=~ ,~ -,~f~ .~rents/m,ardi~s of~Oo~an Niko]off Notice and C~]aint
~ ,,?~ ~ O~liX~ ~'J- ~a.~ ~ =-- -: -- - - O~ P~OPER~TO BE LEVIED, A~AC~OR SOLD.
,~ ~ ~ c~ BORO ~P STATE A~ ZIP CODE) ,
~~ ,20 . ~ OUN~, P~e;eby ~ sheriff
law. This ~ ~ made ~ ~ ~ risk of the plaintiff. ~
SPECIAL INSTRU~TI~NS'*OR OTHER INFORMATION THAT-'~-~ ASSIST IN EXPEDIT~G SERVICE:
.,_ ,~ADVANCED FEE PAID BY ATTY
OUT OF COUNTY
uUMB,_RLA,ID
_ ,7~--~ ....... ~" "~' ............ ~--;" ,~,-,; .... on or attachinn any property under within writ may leave same
ROTE: ONL;f'~APPLICABLE ON WRIT OF EXECUTION: N.B; WAIVER OF WATCHMAN -/~ny Deputy =.=,,,, ,=.)~,.u ~. .. = ' intiff
~.~:~":~'-~,itt~out a watchman, in custody of whomever is found tn possession after notifying person of levy or attachment, w~thout habd~ty on the part of such de. puty or the sheriff to any pla
· baJ~0~ any loss destruction, or removal ofa~ i~rol~erty before s~eriffs sale thereof. -' '
9.-.,,TYPE NAME and ADDRESS of'AI-FORNEY / ~RIGIN~,TOR and SI~N~I~uRE'? !~ ' 10. TELEPHONE NUMBER 11. DATE FILED"
~ - .... ' ~ ~ :~ 4-4-03
GOR~.ON & WEINBERG 21 ~ 2is~ ST. PHILA,.PA l~zOa
12. SEIKO NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must b~complet'~d~:h~tice is tdSe.rl~'t~d).
C~BERLAND CO SHERIFF
or complaint as indicated above. R. AHRE N S
. ~ . ~ J .... IFF'S OFFICE' ' OTHEF~ SEE I~EMARKS BELOW
16. HOWSERVED~_.P~ERSONAL~I~ RESIDENC. E~ ) .POSTED( ) POE( )
......... ~.i~,.r~T ~~ I~~cate the i.dividual, company, etc. named above. (See remarks b~low.) ......
18. ANDT F .
_'~ ~ / -
,!~ I VV; :' ' 0 Nota '31 Surchg 132 Tot C~tsl ~ c~tS Due or Refund ICheckN~
' ~3.~co~t~ 1 5~ Se~i~e cost~ 1 2s. N/F/27 Mi,~ag~ ~27. Po~mge] 28. Sub mota~ 29. Po~.d 3
za.oo s I so.3 I 4.001
_. _ . __1 . ... ~.~,,=./.~.,.i 'r ~,~eCo~ts I 37 No~Ce. I 3S M eag./Po,t.g./NotFou.d ~ 3, TotalCost, I ~0. Cos, s.ueo~e
~. Po~ign ~OUn~ ~os[s I-~. '-'~--'~-- ,:--~=.. 36. Se , . · , · '
so..s .s
~'.~AC~D~E ~ECE~PT 0~ L~F~TURN ~GNATURE . E REC
OEiA~THORIZED ISS01NG AUTHORI~'AND TITLE ..... -. I
~. ~iTE - Issuing Authori~ 2. PINK - AAomey 3. CANARY - Sheri~s Offi~ 4:. BLU;~ - SheriffB Offi~
2
of Z
COUNTY OFYORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
SERVICE CALL
(717) 771-9601
2. COURT NUMBER
03-1567 civil
1. PLAINTIFF/S/
The Andrews School 4. TYPE OF VVP, IT OR COMPLAINT
3. DEFENDANT/S/
John A. & J~nie M. Nikoloff as parent/guardian of Jordon Notice & Cut,plaint
SERVE /' 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD.
Jamie M. Nikoloff as parent/quard~an of Jordon Nikoloff
6. ADDRESS (STREET OR RFO V TH BOX MUM.ER. C,TY, BORO, STATE AND Z,P CODE)
AT 293 Bradlev Circle. N~_w ~nber]and. PA 17070 F~irv~w Tw~.
7. INDICATE SERVICE: O PERSONAL - r~ PERSON IN CHARGE ~ DEPUTIZE F~ CERT. MAIL O 1ST CLASS MAI~. [] POSTED Q OTHER
NOW April 10 ,20 03 I, SHERIFF~i~-~~, PA, d.9, hereby deputi~ sheriffof
COUNTY. to ex~.~:~r~_e;eturn~cording
to law. This deputization being made at the request and risk of the plaintiff. '~' o RHERIFF OF - ~O~N1~Y
-~-'r'-l~' SHERIFF~
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY
CUMBERLAND
ADVANCED FEE PAID BY ATTY
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 10. TELEPHONE NUMBER ~ 11. DATE FILED
9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE
2].5-988-9600 4-4-03
GORDON & WEINBERG
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLNAD CO SHERIFF
13. I acknowledge receipt ofthe writ
or complaint as indicated above. R. AHRENS
16. H(~WSERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
17~'~ I hereby certify and return a NOT FOUND because am unable to ocate the individual, company, etc. named above. (See remarks below.)
18/NA~E AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service
21.ATTEMPT22 REMARKiS~(i~ate ,~,~e ~ 1~ ~~M,~IIT' e Miles I e M Date Time Miles Int. I Date Time IMiles Int.
I Date Time / I I 1 I IIMiles nt I Date Tie ~M es Int.
23. Advance Costs 124. Service Costs125. N/F 126. Mileage 127-P°stage 28' Sub T°tal [29'P°und130'N°tary 131'Surchg'132'T°t'C°stsl33. C°sts Due °r Refund checkN°
34. Foreign Coumy Costs i 35. Advance Costs 36. Service Costs i 37. Notary Cert. I 30. Mileage/Postage/Not Found [ 39. Tote, Costs 4Q Costs Due or Refund
SO ANSWERS
__44. Signature of 45. DATE
i OT~-'~ep. Sheriff / .~
~ignature of York 47. DATE
Coun~ Sheriff
WILLIAM M. HOSE . ~ .~5-12-03~
42. day Jcf ~ ~.,1~ ]
' j '"~-~it.~,'='~"~t~.?
~A ~ ~-- / <'~ //' 48. Signature of Foreign 49. DATE
/ [ ~ ~ / ~~ Coun~ Sheriff ~ 51. DATE RECEIVED
5~. ~ACKNO~EDGE RECEI~OF TH~SHE~IF~ETURh SIGNATURE
I
bE AUTHORIZED iSSUING AUTHORIW AN~ITLE
1. WHITE- Issuing Authority 2. PINK- Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office
2of2
I.A. &
COU NTY ~ YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE
RECEIPT and AFFIDAVIT OF RETURN
School
Oamie M. Nikoloff as parent/guardian of Jordon
SERVICE CALL
(717) 771-9601
2. U TN BE
4. TYPE OF WRIT OR COMPLAINT
Nikol~ff Notice & C~nplaint
5. NAME OF INDIVIDUAL. COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A'I-I'ACHED, OR SOLD.
Jamie M. Nikoloff as parent/quardian of Jordon Nikoloff
0..ADDRESS {STREET OR RFO WITH BO.X:. NUMBER ~A~T.-I~JO.. CITY BORO, TWP.. STATE AND ZIP CODE)
AT CirCle New Cunberland, PA 17070 Fairview Twp.
~ PERSONAL r-t IN CHARGE ~ DEPUTIZE CI CERT. MAIL g~ 1ST CLASS MAIL Q POSTED r~ OTHER
03 ~j S~,FF (~~ ~UNTY, P~A,~;~ hereby det:~t~e sheriff
~ ,~:20 ~ .,~ _ . .. ~ ~ . ~ ~ of
' ~, York '~,~' .p~ ~ Ut~T? t~'~e {~_e~retu ~~ccording
to law. This deputization being made ,at the request and risk of the plaintiff. /"if' ~ '~
--~- / SHERIFF OF S H ERIF F,~O~__~_.;:.~;O U N_.._~
s. S.Ec~AL mSTeUCT~O.S O. OTHER ~.~OR~T~ON T.AX WILL ASSIST ~. EXPeDiTe. S S~?~E'
THE ANDREWS SCHOOL,
Plaintiff
VS.
JOHN A. & JAMIE M. NIKOLOFF,
as Parents and/or Legal Guardians of
Jordan Nikoloff, a minor,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-1567 CIVIL TERM
CIVIL ACTION - LAW
NOTICE
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTEREDt/kGAINST YOU.
MIC~:~EL L. BANGS ~3)//~
3A07smoeuYthf°lrStDhe Sf;rnedeta~/~amp Hill~/~ 17011
(717) 730-7310
DEFENDANTS' ANSWER~ NEW MATTER AND COUNTERCLAIM
AND NOW come the Defendants, by and through their attorney, Michael L. Bangs,
Esquire, and file this Answer with New Matter and Counterclaim based upon the following:
ANSWER
1. Denied. After reasonable investigation Defendants are without knowledge sufficient
to form a belief as to truth of this averment and therefore it is denied and strict proof thereof is
demanded at the trial of this case.
2. Admitted in part and denied in part. It is admitted that John A. and Jamie M. Nikoloff
are adult individuals and the parents or legal guardians of Jordan Nikoloff, but it is denied that
the address as indicated is their principal address.
3. Admitted in part and denied in part. It is admitted that John A. and Jamie M. Nikoloff
signed the Enrollment Contract attached as Exhibit A. It is denied that Exhibit A reflects an
agreement by them to pay tuition payments for Jordan Nikoloffto The Andrews School for the
entire academic year. This part of the averment is a legal conclusion to which no answer is
required but to the extent an answer is required, it is denied.
4. Denied. It is specifically denied that Defendants defaulted on the Enrollment Contract
making them personally liable for the total amount due under the contract pursuant to its terms.
This averment is a legal conclusion to which no response is required.
5. Denied. It is denied that the Defendants have any responsibility to make payment of
the amount claimed to be due and owing.
6. Denied. After reasonable investigation, Defendants are without knowledge sufficient
to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof
is demanded at the trial of this case.
7. Denied. It is specifically denied that Defendants are personally liable for the principal
balance due in the amount of $8,869.84. It is specifically averred that Defendants have no
liability for any amounts due and in fact, are owed the amounts they paid as a deposit.
WHEREFORE, Defendants demand judgment against Plaintiff together with costs of
suit.
NEW MATTER
8. Paragraphs 1 through 7 are incorporated herein by reference as if more fully set forth.
9. Defendants enrolled their daughter Jordan at The Andrews School for the academic
year 2001-2002 and in reliance upon The Andrews School accepting her and keeping her as a
student, they made a down payment in the amount of $1,800.00 on June 7, 2001.
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10. Defendants brought their daughter Jordan to The Andrews School and moved in her
belongings at the residence on Sunday, August 26, 2001, prior to the start of classes in
accordance with the rules and regulations and instructions of The Andrews School.
11. Classes started for the 2001-2002 school year on Tuesday, August 28, 2001.
12. Defendant John Nikoloff received a call from the Dean of Students of The Andrews
School on Wednesday, August 29, 2001, indicating that she wanted him to come to pick up his
daughter Jordan and remove her from the school.
13. When the Defendants arrived on campus, the Dean of Students indicated that Jordan
would have to be removed from the school in that it was not equipped to handle her and that it
would not be willing to continue to have her enrolled in the school.
14. Defendants indicated to the Dean of Students at The Andrews School that they
believed that their child was merely homesick and they requested if there was any way to keep
her in residence.
15. The Dean of Students indicated that The Andrews School would not reconsider and
that she must be removed immediately and consequently, the Defendants removed their daughter
that day.
16.
17.
Defendants' daughter Jordan attended one day of school at The Andrews School.
The Andrews School was fully aware of the Defendants' minor child's medical and
mental history at the time it accepted her into entrance of The Andrews School and never
indicated to the Defendants prior to the date of enrolling their daughter that The Andrews School
was not equipped to handle her.
18. The Defendants were able to and requested that The Andrews School continue to
enroll their daughter for the semester but The Andrews School refused to allow Jordan to stay,
through no fault of the Defendants.
19. The Andrews School is estopped from enforcing the terms of the Enrollment
Contract in that it required the Defendants to remove their daughter.
20. The Enrollment Contract is void for failure of consideration in that The Andrews
School did not provide any boarding or schooling for the Defendants' minor child.
COUNTERCLAIM
21. Paragraphs 1 through 20 are incorporated herein by reference as if more fully set
forth.
22. The Andrews School accepted the Defendants' minor child for enrollment at the
school and further accepted a payment of One Thousand Eight Hundred ($1,800.00) Dollars
from the Defendants as a deposit.
23. The Defendants entered into the Enrollment Contract with The Andrews School
based upon the representations by The Andrews School that it was fully capable and able to have
Defendants' minor child Jordan enroll and be a student at The Andrews School for the academic
year 2001-2002.
24. The Andrews School had in its possession, or available to it, at the time that it
accepted the Defendants' minor child Jordan into The Andrews School all of her background
concerning her academic, social, health and mental condition and did not raise any issues to the
Defendants that would preclude it from accepting her into enrollment.
25. Based upon the representations made by The Andrews School that it would be
capable of having the Defendants' minor child enrolled in the school, the Defendants provided
The Andrews School with a deposit of $1,800.00 on or about June 7, 2001.
26. Representatives of The Andrews School contacted Defendant John Nikoloff after the
first day of classes and indicated that they did not want the Defendants' minor child enrolled in
the school any longer.
27. Defendants met with a representative of The Andrews School who indicated that it
was not willing to continue the Defendants' minor child's enrollment in the school and asked
that she be removed from The Andrews School that day.
28. Despite repeated requests by the Defendants to give the minor child time to get
adjusted to the school, the representative from The Andrews School denied that request and
requested that Jordan be removed.
29. The Andrews School breached its agreement with the Defendants in that it failed to
provide Defendants' daughter any schooling as represented at the time that she was enrolled in
the school.
30. As a result of the breach of the agreement and the failure of The Andrews School to
perform under its terms of the agreement, the Defendants have incurred costs in the amount of
$1,800.00, that representing the deposit they initially paid on behalf of their daughter.
31. The Defendants are entitled to damages against The Andrews School in the amount
of the deposit of $1,800.00 plus interest, plus any and all costs that they have incurred as a result
of the breach of the contract which includes, but is not limited to, reasonable attorney's fees.
WHEREFORE, Defendants demand judgment against The Andrews School in the
amount of $1,800.00, plus interest, plus attorney's fees.
Respectfully submitted,
Attomey_f°r_Def_endants [1 ~/
302 South 18th Street I/
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
Jamie Nikoloff Kizer
660~nav'a.~O~ ~ # 12
Sunguild Apartments
Mechanicsburg, PA 17055
May12,2003
To Whom it May Concern:
This letter is to verify that I have authorized Michael L. Bangs, Esq. to represent me for
the purposes of responding to the claim made by The Andrews School of Willoughby, Ohio.
This representation is limited to this action, and in all other matters, Mr. Bangs exclusively
represents the interests of John A. Nikoloff.
j~Ki~~~'~~
VERIFICATION
I hereby verify that the statements made in the foregoing document are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
Date:~ ~3 ~N A. NIKOLOI~ /~~
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing ANSWER, NEW
MATTER AND COUNTERCLAIM by depositing a copy of same in the United States mail,
postage prepaid, at Camp Hill, Pennsylvania, addressed to the following:
DATE:
Frederick I. Weinberg, Esquire
Gordon & Weinberg
21 South 21st Street
Philadelphia, PA 19103
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