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Home My WebLink About08-3919 THE HARRISBURG ACADEMY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. a8- 31 19 Civil TerlA JAMES BERGER and JAMIE BERGER, CIVIL ACTION Defendants 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, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. D 9- 3 9 JAMES BERGER and JAMIE BERGER, CIVIL ACTION Defendants : COMPLAINT 1. Plaintiff is The Harrisburg Academy, located at 10 Erford Road, Wormleysburg, PA 17043. 2. Defendants are James Berger and Jamie Berger, adult individuals who reside at 2414 Rolling Hills Drive, Mechanicsburg, PA 17055-9206. 3. Plaintiff is a private institution providing education to children at various grade levels. 4. On August 29, 2006 Plaintiff and Defendants entered into a written contract entitled "Enrollment Agreement" and the same is attached hereto as Exhibit "A". 5. The August 29, 2006 enrollment agreement pertains to the son of Defendants enrolling in the Harrisburg Academy for the 2006 - 2007 school year. 6. Tuition which remains owing for the 2006 - 2007 school year is $378.00. 7. On April 13, 2007 Plaintiff and Defendants entered into a second written contract entitled "Enrollment Agreement" and the same is attached hereto as Exhibit "B". 8. The second enrollment agreement pertains to the son of Defendants enrolling in the Harrisburg Academy for the 2007 - 2008 school year. 9. In consideration of Defendants' son enrolling in Kindergarten for the 2007 - 2008 academic year, the enrollment agreement requires Defendants to pay Plaintiff the following sums: a. Tuition: $11,791.00 b. Tuition Refund Insurance: $212.00 c. Payment Plan Service Charge: $281.00 d. Interest At 12% On Unpaid Balances Up To And Including June 23, 2008 $344.64 e. Collection Fees Including Attorney Fees $3,626.82 SUB-TOTAL: $16,255.46 Less Amounts Paid Or Credited f. Paym't Rec'd On Or Around April 17, 2007 ($375.00) g. Financial Aid From The Harrisburg Academy ($5,000.00) TOTAL DUE: $10,880.46 10. Interest on unpaid balances after June 23, 2008 continues to accrue at $2.2714 per day. 11. Plaintiff has requested that Defendants pay the aforesaid balance, however, Defendants refuse to pay the same. WHEREFORE, The Harrisburg Academy requests judgment against James Berger and Jamie Berger in the amount of $378.00 (2006 - 2007 school year) plus $10,880.46 (2007 - 2008 school year) for a total of $11,258.46 plus $2.2714 per day for each day after June 23, 2008 up until the day judgment is entered. YOFFE & YOFFE, P.C. By A- 1 F Y N. Y E, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 jyoffe@verizon.net (717) 975-1838 Attorney ID No. 52933 04/24/2008 12:07 717-975-0894 HARRISBURG ACADEMY PAGE 03 zg1t 750 HARRISBURG ACADEMY 10 E ford Road Woimteysburg„ PA 17043 Harrisburg Academy is pressed to welcome your family to our educational oo=w tty for the 200647 academic year. We are happp to know Brat your cWd will expo knw the marry benefits of the liberal arts education which Han WM9 Academy Oflbrs our attl4ente; Below is rho Earolknmt Agreemad for your child. Please read it carefully. 2006 - 07 EMOLLMENT AGREEMENT (1) Harrisburg AM6M ("tbp Aa dw*,") having offered et aMment to ALEXANDER U AM for dse scadmuie year 20*0 a a studvA is gwde )SAYS ( -3- FULL DAYS), we haawith forward as a intent-rdfimdabls advance dgmdt an account of tuition for drat acadank yeir in the amount of JUM. We mu axtand that by signing and morning this Enolhowt Asweta t we have unconditionally oblipted aiasefves to pay she h1l'year's Uddoa ad ibex, a down on the reverse side of Ibis page, Bar the sppliwblo gtadc, and an reserving a place for the dxrm.U*d °? ??°'?"?'` • ,?• t>? ht ' .red rele ati? et teachers erd child for the entire aoadaauo year. WA Mdand do #A 680ax (2) d„ Wrftat notice for lselsdiag CatMed NUA Fr E:piziu of Apamew is any code of down, wkh a argued partwsul del my to ire BLAU a Office. pate WMtten Hot1ce, of Cancellation is A2MdM by Business Office Prior to May 13, 2006 May 15, 2006 - June 19, 2006 Amount Owed Is Reduced To: $730 (non-netuadabit= deposit will be retained by the Academy) S32So (this atnouat wchWas the 5770 taon4dandeble deposit) FVM taffin and !toes are owed Or say mediation of 0& Rerallnent Agreement er tM wlWdrawsl or diunissal of the sbove-uo=W vbM plat Oaanrs on or after gene 16.2006 as stated to parapsph (1) above. (3) We under mtod. and agree that by sigabag this Enrollment Autancat for the conning academic year we accept the rules and nVAsitions of the Academy as of this date and such rules sad regulations, as it may issue from time to timer bw shm. (4) We wtdersta.d load agree that tailess otherwise directed In wtfting by both pareata/leW guardians of the almedomed child, It is the policy of the Ai>rdlaw to provide apnea! MCC to all infix+s Qfl ooeeMing the child to those parents or tegnd guatAM who esewte this BnroHM6A Ag=mcnt. (°Signatocil (3) We understand the Academy win provide nwilfap and student in%rasstion to the Sigoators at the Wdress(os) provided. The Acx4*M's adminWradve and teaching staff will nub scab Information available to tits SWwjDm By cmuting this maul, we versify !bit we bate parental ar legal gwtdisnship rfgh s with respoot to the above nav.od chSd. Wo w+dasta++d that tie Aadetny aril! tact peeeride arch lntormitiaui to any odw individaa4 bOuding at od'W parents or atop-ptaeots. unless a written mpsssk aoeoaepateied by appropriate and adequate proof in. writarg of right b-auras to shah information, is provided and signed by the pmunnepii Vwdistma to the Atxdemy. (6) We uslarsand and agtasa dket if ft abwo4smed dlfld is din deed ftom or leaves the Academy br any reason. the il.ll amount of tuhiou• and fees becomes due immodfaely, and if coy payment for tui6oa or fee owing to the .Academy is past due In wbole or in part, the Acidi my rearm the right to rows the child ftpm school, and such ar~tion by ti.o Academy shell not aspct its tights to ihil payment of tuition or teen ea set brth above. The dedsion of the Had of School to remove or to &smlu the child shall be finial and legally b'mding is all circumstances. ?S (I7) We aim undeesmad that the Academy mattes avo*619 to gi the Tuition RdWW Flap, an insurance pmpun described id this the atmnal tuition acid foes fa t1i11, by Ategtttt, > cant paNeipses is tbe'tUitlati test lteAM Plana must present m Weet00 astiafsetory to the Academy that M have sectored comparabie coverage elscwhom Pardoijubm is elebtiit for'. those: who Pay the toW amid midou and tea by August A 20& A ort*4= annual Premium for the Toluca It shad Plan will be billed anneal taidan is bit" Ibis proSma wM give us an opportunity to Insure; a portion. of tOltion., anion! Charges or fees (prepaid and due) in 'the event of absence or aVration of the shove-namcd child pomiling to the bum of the parity. Additionally, we aut Kdw and direct tic Addeagr iD bduw any claim or paymo t to whiob we are entitled under the Uhlon Reftmd Phan and to credit our acwmt, paying any cow to vs. We h Katy appoint. the Aerde w's Huakess Manager a of a attorney- u4st to sign my doewneens to coltea any such claim or payment. Page A of 2 EXHIBIT "A" ..-..?.? n $,... , -- --a-, --. --- ---- . --- - - -- - - - wUhdtawat child fiamissal fiaom the Academy, Moss, disabilftY, loth or any other abseoee hC any eaattse at @a tunas stnee we recognise and acknowledge that sub SWMU@fM wWx1mwel, dismleaal or abacm* will not materially redvoe the Aeadeaw's OOate, or permit the Academy to recoup lost income, and treat dwefbt p gaftt of rite full Year's tuition and fbea is fair sad twsoeable maw Of dte damages which the Academy win suffer in such evmL We undetstwid the fief that ft Aeadaopr allows tuition Oc fee to be paid in instsllomeata doe not affect our liability for the full year's tuition. If MV balaaae due ea me ap UMhk payment plea remtuuas f0t fns and collection few phas fafaeet and l be added to etne Matandieg belftwe. rM dehUle eau of leftest 1 be % per awn. 04/24/2008 12:07 717-975-0894 HARRISBURG ACADEMY PAGE 04 Method of Taltion and Tree Payment (Check A or B in the appropriate WM below) As part of this Agreement we are indicating below the tuition and fees payment metiwd that we would bb to use: A. Payment in full by Anpot A 2006. {The coupon maethly payment plain must be used aver this date.) We Want Tuition Refund Iusutaaee: YES 110 ? B. Coupon Monthly Payunaat Plan - Eleven, (11) or lass, monthly paymenb hrg August 1. 2W6. due der the fnat day of each month. Cram is a service charge for using this plan.) T >ltKnad Ohl tWtib*L We understand"by indicating payment Plan B above, that we authorize the Academy to conduct a cm& chock befiore' agreeing to the payhoent terms requested. We agme to pay a $25.00 fee for any cheek returned to the Academy for non-payment. "" CAIMUent deposit for O 20 school Vtar mwt tle fnduded with this hatie? Agreement for the Agreement to be vsilld. We ut deauLnzl andt'°e that this Emrollment A,tttedna t is a W in lag contra. We aim sigag aARWIMw,t AMa>G;.t with tb ogim o nur e v bate 20? - Name of Paso or Guardian ( 6r"r% 51191::: DEW 20„ Name of Paneni Guardian p? 20 RET'M TWO SIGNED COPIES TO ABOVE ADDRESS ScMdale a[ Thltla s and Fees >S'arrWul Andemy nrecs (HA'T'S) till and part time 200607 Aadcntic VOW HATS >aULS 5 !Wt days 41W1 days 3 flall dart 3 half daps 4 WU day': TUITION & FEES S 7,815 8 601 $ 5,236 $ 5,861 S 4,689 TUITIONREF'MINSURANCE if is N0. ii thou ) S 14L S 126 S 94 $ 106 S 84 TOTAL $ 7,956 S 7,107 $ 5,330 S 5,967 S 4,773 PAYbIENT PLAN SERVICE CHARGE frmnired if navina monthlSr) Monthly Paymuis will be calculated according to wha payments atart, financial aid renewal, dapaatt provided, and odner 111ctOOL Monthly paymeab are b be made the fast buskin day of each month, August 1. 2006 through June 1. 2007. Horns: Fun Day: 8:00 A.M. to 2:50 P.M. Half Day (momhW-, 8:00 A.M. to 11:15 A.M Psp 2 of 2 EXHIBIT "A" 04/24/2008 12:07 717-975-0894 HARRISBURG ACADEMY PAGE 07 BARRL$BURG ACAIDFMV 10 Word Road Wottttleysburg, PA 17043(1 Harrisburg Academy is pleased to welcome you family into our educational community for the 2007-08 academic year. $eiow is the B olbuent Agreement for your child. Please read it oacefully. 2007-08 ENWLLMENT AGREEMENT . (1) Harrisburg Academy ("the Academy") having offered enrollment to Alexander Berger for the mdamk your 200-06 is ul student le Grade Kindargartes, we herewith forward n a non-ralandable advance deposit on toeount of tuition for flit tt i6- year in the amount of $730.00. We Understand that by signing and returning this Barollment Agreement we have tittettitiTitioaitty. obligated o tsalves to pay the fldl year's tuition, as shown on the revere side of this page, for the applicable grade. used wire it place for the above-listed child for the entire academic year. We understand that the AcadwW makes important decisions the hiring and retaati ie a of teac bm and staff and the admission and re mitmeot of students based on the number of EtirdllnWit Agreements received. we undeflumd that toe Academy robes on the promises made in these Earoihnent Agreements and expecia dat these promises will be kept. we rmderstand and agree that accept as dumbed in paragraph 2 below, our obligation for flue full yer?c'9 tuition will tut be reduced or excused by our cancellation of this Eumllment Apvcment or by the withdrawal of the above-named child from the Academy, dismissal fi+om the Academy, illness, disability, death or miry other absence for any cause at any time since we recognize and ackpowledge that such cancthlstion, withdrawal, dismissal or absence wall not materially roduoo the Academy's costs, or permit the Acadmacy to recoup lost income, and that therefore payment of the full year's tuition is fair and reasonable measure of the damages which tie Academy will suffer in such event. We understand the fact that the Academy allows tuition to be paid a Wstsllanenb does not affect our liability for the fltll year's tuition. If any balance duo on the applicable payment plan re nai ns unpaid . for thirty (30) days after written demand for payment, the account may be referred to the Academy's a*r m p for collection: All attorneys' fees and ooUcation fees, plo isterut and costs, shall be added to the outstanding balance. The default rate of inbaW ali:ll be 12 percent per annum. '(2) Notwithstanding our promise in psraywh 1 above to pay full tuition for the above named child upon i.fi ring this. Agreement, we understand and agree that if we provide the business office of the Academy with written notice of our derision to cancel this Enrollment Agreement prior to June 1, 2007, the Academy will reduce the account we owe to tune Academy to the Wki noted below. WrKm notice for purpow,of tkk Agmatent is any mode of delivery wltft a AV" aelmowli . cwt !ry tlih Business office star[ including Certified mail, Federal Express, or personal deRvety to the Business Olties. Date WrWau Netlea of Cascetlation is by Business office Amount Owed 1s RWuced to.- Prior to May 1, 2007. $750 (non-reNadable deposit will be retained by rile Aftdmy) May 1, 2007 - May 31, 2007 $3,230 (this mount includes the $750 non-mNadable deposit) Fall talon is owed for any cancellatbn of this Enrollment Agreement or the withdrawal or dMosisaal of the obove-named child that occurs on or after Jose 1, 2067 as stated in paragapla (1) above. (3) We understand and agree that by signing this Enrollment Agreement fbr the coming academic year we accept to rules sad regulations of the Academy as of this date and such raft and regulations as it may issue fi m time to time her*aft' (4) we undmtand and agree that anbm otherwise directed in writing by both parents/100 Fordfeas of the abovo-named child, . it is the policy of do Amdatuy to provide equil access to all information concerning the child to those parents or legal gusr*ans who ercecule this Enrollment Agreement. ("Signs m") (5) We understand the Academy will provide MOW and sWeat information to the Siguators at the sddnea(es) prwvid6& li* Academy's admidWrative and tesebinQ staff will mate such information available to the Signators. By mceco ft this Agreement. Wb: car* that we have parental or kgal gaardianahip rights with respect to to above-named child. We undpobad drat d* Amdwry with not provide such information to any ofher individual, including, non-eaatodW parents or step-parents, galess a written regb4: armed by appropriate and adequate proof In writing of right tower ess to such infbrination, is provided and signed by the pwrant:/ "d guards to the Academy. (6) We understand and agree that if the above-naurtad child is dismissed from or leaves the Academy for any reatoiy the frilt' amwmt of tuition becomes dam immediately, and if any payment for tuition owing to the Academy is post due in whole or in ptat, do Academy reserves tine right to remove the child from school, and such action by the Aeedew &bell not affect its rights to foal Oxyd"t of t ihion as set forth above. The decision of the Head of Sebool tDremove or to dismiss the child shall be Elam and legally binding iii all circumstances. EXHIBIT "B" 04/24/2008 12:07 717-975-0894 HARRISBURG ACADEMY PAGE 08 (7) we atad umda dod. that the Amdmy nWm available to us the Tuition Relmd Plan, an huvtaece program deseibed in the enclosed In t. We undustlnd aid agree that if we have not paid the surreal tuition in fill by Aaguot 24,2M, we aunt p u ia*ate in the Tuition Rafltnd Plan or must pzamt evidemm satismctory to the Academy that we have awn red aomporable coverage elsewhere. Participshon is elective for mase who pay to tWal annual tuftion by AuVW A MV, Studmds who are receiving need- based tuition assistance softr intmustionsd students are tegWred to participate in me Tmt m Refaad Mn. A owtime sawsl ptsmixon for the Tuition Refead Plum will be MW wbae t ation a bflkd. 'Ilia progam wiD give as an opportunity to insure a por* of tuition (prepaid and due) in the event of absence or widtdtawal or dieuaixud of the above-wmvd child Rom the Academy, according to thud tams of the poficy. We understand that dew Tuition Ref md. Plan does riot cover the wiW&vv n1 of the above trmed ebild foi no& aaedicd reasane halm the start of tax aosdemic you and their aft tiro start of the seademfc year, the Tuidon Reftod Plan does not cover the widdtawal of the child far non-mewUW reasons or fire dismWal of the child wdeaa the child bias atteumM more tbon fota:teen (14) ooatseoutive cater days begWing with to ch'ld's farst chess day of Waadatxe in tux scademie year. We understand that omen retie and oottdidoms apply and matt we have read the Tuition Pia and Platt fowler cea blly. Additionally, we ambodw and direct ibis Academy to collect any claim of payment to which we are wMad under the Tutitim Rafemd Man. and to oredit our soi;oI . Payer my mmassto ns. We busby appoint die Academy's Business Manager mow atbocnay-in?i'aot to sign =W doomnonts to collect say such claim or pwfmm . Me" of TOO= Pmt (Check A or B in the appropfiste apace below) As pert of this Agreement we we indicating below the tt&m payment method that we would ,bY,s to use. I J1. Payane d in full by Mpg 24 2887. Or= ocupan monthly payment go must be tared aft dais dare.) We wand Tam Raw hmame: Y" No B. Pqmeot plan - kkvea (11) or lea, mostKy paymatts o=waclsg August 1, X007, des thetsaftw the &V day of eao6 nuont6. lTtuere is a service c]arge for urinF data 1>1?) 1lsitiss Reload iaaaem.ee !s required. We a1alMMd that by WUCMmg payment plan B above. mat we autboaze tiro Aoadgmy to cmdaet a credit cheek bemfe ageeing to the payment team requested. We agree to pay a $23.00 fM for any cheek retained to the Acaudeny for non-payment. We olden md M ..._..?.? o_?u...... ??.........4 b A bkdhm bw ceetl mt We an debt tit.le Do .L3 Name of Pasant or Guardian ig of Parent or Dots: __-? Name of Parent of Guardian 8fgaatun of Parent or t3taudian ?tETCYYtN TWO SIGNED COPIES TO HARRISBURG ACAAXMY HARRISBURG ACADEMY Tttities Schedule, Academic Yesr 2007-M tirade Jr V. K 14 5 8 9-11 ' 12 we" 110,696 $11,791 $1 2,4U S13,675 $14.100 S 14,200 Am=*] Tddan AeAnd Isom m" $193 $ 212 S 32; $246 $234 S 2S4 Total SUM 9124063 S 1?,iZ7 $13,921- S 14AU S 14 4m Autual PayaNwt 1lisa Santee CIMP $436 S480 $505 $557 . S574 s.04 Atoa d,& pays will bs cakvrlated arc,, ft to depaett womrp+ev" wlcaupa{yeutnts slam Jimmdal aid -Wdvrd, mud odWfA" $- EXHIBIT "B" THE HARRISBURG ACADEMY, Plaintiff VS. JAMES BERGER and JAMIE BERGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5821 CIVIL TERM 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 unswom falsification to authorities. THE HARRISBURG ACADEMY lvva ' Dated: BY kL U Name: David C. Zett Title: Business Manager A.? O V1 06 iA O D 3 N 9 r 51 CO C 11% SHERIFF'S RETURN - REGULAR CASE NO: 2008-03919 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISBURG ACADEMY THE VS BERGER JAMES ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BERGER JAMES the DEFENDANT at 0019:10 HOURS, on the 11th day of July , 2008 at 2414 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 by handing to JAMES BERGER DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage //jj il/,,/0.f `;f+ 18.00 11.00 .00 10.00 .42 39.42 So Answers: R. Thomas Klin 07/14/2008 YOFFE & YOFFJ?n Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03919 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISBURG ACADEMY THE VS BERGER JAMES ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BERGER JAMIE the DEFENDANT at 0019:10 HOURS, on the 11th day of July , 2008 at 2414 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 by handing to JAMES BERGER HUSBAND OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 ? 16.00 Sworn and Subscibed to before me this of day A. D. So Answers: ?PF?Q? • R. Thomas Kline 07/14/2008 YOFFE & YOFFE By: a)A - tv Sheriff THE HARRISBURG ACADEMY, Plaintiff V. JAMES BERGER and JAMIE BERGER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-3919 - Civil Term : CIVIL ACTION PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants. Date: Respectfully submitted, Daniel Stern, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-4531 Supreme Court ID# 25989 Attorney for Defendants - TI s... c J o :ZiL THE HARRISBURG ACADEMY, Plaintiff V. JAMES BERGER and JAMIE BERGER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3919 - Civil Term CIVIL ACTION PRELIMINARY OBJECTION (DEMURRER) OF DEFENDANTS JAMES BERGER AND JAMIE BERGER 1. On July 2, 2008, Plaintiffs filed their Complaint alleging violation of an enrollment agreement with respect to the minor child of the Defendants, and demanding payment of full tuition and other costs. 2. The child never enrolled or attended classes for the time at issue, 2007 - 2008. 3. The enrollment agreement, which is attached as Exhibit B to the complaint, states in bold, underlined print immediately above the signature lines, "a $750 enrollment deposit for the 2007-08 school year must be included with this signed agreement for the agreement to be valid. " (Emphasis supplied) 4. By its terms, the agreement discloses that the Defendants never paid the $750 deposit, a fact admitted by Plaintiffs in their Complaint, paragraph 9(f), indicating that Defendants paid only $375. 5. Defendants object to Plaintiffs' Complaint on the basis that Plaintiffs have failed to state a cause of action upon which relief can be granted, and have demonstrated in their pleading that no valid, enforceable agreement exists. WHEREFORE, Defendants respectfully request the Court to issue an order sustaining this preliminary objection in the nature of a demurrer, due to the legal insufficiency of Plaintiffs' Complaint, which should be dismissed. Respectfully submitted, Date: 101101 0 D p-"? *Daniel Stern, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-4531 Supreme Court ID# 25989 Attorney for Defendants VERIFICATION We verify that the facts alleged in the foregoing Preliminary Objection are true and correct to the best of our knowledge, information and belief. We understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. U Date: 10 -7// J A, Jamie Berger THE HARRISBURG ACADEMY, Plaintiff V. JAMES BERGER and JAMIE BERGER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-3919 - Civil Term : CIVIL ACTION CERTIFICATE OF SERVICE I, Cynthia M. Lindsay, hereby certify that a true and correct copy of the Preliminary Objection of Defendants was served upon the following persons by first class mail, postage prepaid: Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 Date: /Q` 10-bk Cynthia M. Lindsay Secretary to Daniel Stern, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-4531 q A va co r' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) The Harrisburg Academy VS. James Berger and Jamie Berger No 08-3919 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jeffrey N. Yoffe, Esq., 214 Senate Avenue, Suite 404, Camp Hill, PA 17011 (717) 975-1838; jyoffe@vedzon.net (Name and Address) (b) for defendants: Daniel Stem, Esq., 2650 North Third Street, Harrisburg, PA 17110 (717) 234-4531 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 3, 2008 Print your name 1111212008 Attorney for Plaintiff Date: INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. • t THE HARRISBURG ACADEMY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-3919 JAMES BERGER and JAMIE BERGER, CIVIL ACTION Defendants CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing on the below individual. Service was accomplished by mailing the same to the address indicated. Daniel Stern, Esq. 2650 North Third Street Harrisburg, PA 17110 YOFFE & YOFFE, P.C. I -u ?4?'A , I/ Date: November 12, 2008 By FFRE N. YOF SQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 jyoffe@verizon.net (717) 975-1838 Attorney ID No. 52933 ,mss ca ? ? ? `? ,.? t ;- x te .'?--? p ; l., ,r" THE HARRISBURG ACADEMY, PLAINTIFF V. JAMES BERGER AND JAMIE BERGER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 08-3919 CIVIL TERM IN RE: PRELIMINARY OBJECTION OF DEFENDANTS TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY, J. AND EBERT, J ORDER OF COURT AND NOW, this _ U:- day of December, 2008, the preliminary objection in the form of a demurrer by defendants to plaintiff's complaint, IS DISMISSED. Zieffrey N. Yoffe, Esquire For Plaintiff Daniel Stern, Esquire For Defendants :sal tiag aCT is/?t1v8 ,? . ?,, - = ;- ? _ ? : { - _. ` ` . = ? :::? ..., Daniel Stern, Esquire Attorney I.D. 25989 2650 Nortb Third Street Harrisburg, PA 17110 (717) 234-4531 Attorney for Defendants THE HARRISBURG ACADEMY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES BERGER and JAMIE BERGER Defendants No. 08-3919 - Civil Term CIVIL ACTION NOTICE TO PLEAD TO: Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed Answer, New Matter and Counterclaim within twenty (20) days from the service hereof or a judgment may be entered against you. Date: 11 2A n I UWA-ft-V -'ef? Daniel Stern, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-4531 Supreme Court ID# 25989 Attorney for Defendants THE HARRISBURG ACADEMY, Plaintiff V. JAMES BERGER and JAMIE BERGER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA No. 08-3919 - Civil Term CIVIL ACTION ANSWER WITH NEW MATTER 1. Admitted. 2. Denied as stated. Defendants currently reside at 1985 Hickory Trace Drive, Fleming Island, Florida, 32003. 3. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 4. Admitted. 5. Admitted. 6. Denied. Defendants' believe that the unpaid balance was satisfied. 7. Admitted. 8. Admitted. 9. Denied as stated. By its terms, the enrollment agreement attached as Exhibit B to the Complaint states in bold, underlined print immediately above the signature lines, "a $750 enrollment deposit for the 2007-08 school year must be included with the signed agreement for the agreement to be valid." As stated in new matter, infra, Defendants never paid the required deposit and accordingly, no enforceable agreement exists. By way of further answer, the interest, and collection fees including attorney's fees, in excess of $3,600, are unreasonable per se and unconscionable. 10. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 11. It is admitted that the Defendants have refused to pay, based upon good faith factual and legal defenses set forth herein. NEW MATTER 12. The preceding averments are incorporated by reference. 13. Defendants were justified in failing to pay tuition under the enrollment agreement designated as Exhibit B, because no enforceable agreement existed, due to the absence of the required down payment. 14. Defendants' child never enrolled for any portion of the academic year in question. Accordingly, Defendants received no consideration or any other thing of value in exchange for the payments demanded by Plaintiff. 15. By way of further defense, Plaintiff is estopped, in whole or in part, from asserting its claim for tuition for the 2007-08 academic year, because (i) through their representative, it notified Defendants on several occasions that Defendants were on "financial hold" and their application for that year could not be accepted until their debt for the prior year (2006-07) was paid. Plaintiff has alleged a remaining unpaid balance for the previous academic year. (ii) Plaintiff notified Defendants that execution of the enrollment agreement was a condition precedent to their receipt of financial aid. Plaintiff repeatedly assured Defendants, who had made known their inability to pay tuition without substantial assistance, that Plaintiff would work with them, obtain necessary tuition assistance and that Defendants' personal obligation would be substantially less than the full amount of tuition now demanded by Plaintiff. (iii) At some point in time prior to the start of the 2007-2008 academic year, Plaintiff offered Defendants approximately 50% of the tuition, but no financial aid for the balance of the tuition. Even if one were to enforce the enrollment agreement, the damages due Plaintiff should be reduced by the amount of tuition it would have paid or credited on Defendants' behalf, in addition to the other reductions due as set forth in this pleading. (iv) Even after Plaintiff notified them that it would pay approximately 50% of the tuition, Defendants advised Plaintiff that they still could not afford the remaining tuition payment. Plaintiff then tried to assist Defendants in seeking alternative methods of funding the remaining half of the tuition, all of which were unsuccessful. Plaintiff was well aware of the inability of Defendants to pay the tuition. 16. It is believed and therefore averred that Plaintiff has failed to mitigate its damages. Plaintiff has not pleaded that the slot they allegedly intended to fill with Alex Berger was not in fact filled by another student for the same academic year, 2007-08; and Plaintiff has failed to establish what reasonable efforts it undertook to fill that slot. WHEREFORE, Defendants respectfully request that Plaintiffs' Complaint be dismissed; in the alternative, that damages be reduced according to the facts recited above. COUNTERCLAIM 17. The preceding Answer and New Matter is incorporated by reference. 18. The course of conduct described in the foregoing answer and new matter constitute unfair or deceptive acts or practices as that phrase is defined in the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1 et seq. in that: Plaintiff's written contract by its terms indicates that no valid agreement will exist in the absence of a full down payment, and no full down payment was made, a fact not in dispute. 19. The UTPCPL was violated by the verbal assertions of Plaintiff's authorized representative that (i) they could not enroll their child for the academic year 2007-08 until the balance for the previous academic year, $378, was paid in full; and (ii) if the child were to enroll, Plaintiff would provide, through assistance or other means, substantially all of the tuition needed to satisfy its financial requirements, and that Defendants would not be bound unless and until those financial requirements were satisfied by means other than Defendants' personal funds; and that Plaintiff would not accept an application for financial aid until an enrollment agreement was executed, even though the intention of the parties was that the enrollment agreement was essentially contingent upon Defendants' receipt of more aid than Plaintiff ever offered. 20. By way of further violation of the UTPCPL, Plaintiffs' attempt to "tack on" $3,626.80 as "collection fees including attorney's fees" is without any factual or legal foundation and is unconscionable. 21. Plaintiff's contract designated Exhibit "B" also violates the Plain Language Consumer Contract Act, 73 P.S. 2201, specifically, both the language guidelines and the visual guidelines outlined in §2005. The contract at issue is self- contradictory; is being interpreted by Plaintiff in a manner inconsistent with the plain meaning of the words it uses; fails to use sufficiently clear spacing between lines or type size; fails to use bold print to highlight sections; to provide fair or adequate notice of the penalties, including interest and attorney's fees now being demanded; to include the verbal representations and assurances that were contemporaneous with and attendant to its execution; or to provide notice of any alleged breach. WHEREFORE, Defendants demand judgment against Plaintiff in the amount of $100, plus costs, and reasonable attorney's fees incurred in the defense of Plaintiff's action against them. Date: 1 3.110 Respectfully submitted, 19 J, *4A~ Daniel Stern, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-4531 Supreme Court ID# 25989 Attorney for Defendants 01/27/2009 07:45 FAX 904 634 6645 NATIONAL SALES VERIFICATION [a 001 I verify that the statements made in the foregoing Answer, New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date:. I I a Date 2I ? a THE HARRISBURG ACADEMY, Plaintiff V. JAMES BERGER and JAMIE BERGER Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3919 - Civil Term CIVIL ACTION CERTIFICATE OF SERVICE I, Cynthia M. Lindsay, hereby certify that a true and correct copy of Defendant's Answer, New Matter and Counterclaim was served upon the following persons by first class mail, postage prepaid: Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 Date: 09.0 Cynthia M. Lindsay Secretary to Daniel Stern, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-4531 Y N i THE HARRISBURG ACADEMY, Plaintiff vs. JAMES BERGER and JAMIE BERGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3919 CIVIL ACTION RESPONSE OF THE HARRISBURG ACADEMY TO NEW MATTER AND COUNTERCLAIM 12. No response required. 13. Denied. For the reasons set forth in the complaint an enforceable agreement did exist. Defendants did pay the required down payment of $375.00 because pursuant to an applicable Tuition Assistance Program, all that the Defendants were required to pay to Plaintiff was a $375.00 deposit. 14. It is Denied Defendant's child never enrolled in the academic year. The child enrolled for the entire 2007 - 2008 academic year. The child's spot was reserved and Plaintiff committed its resources to the anticipated attendance of the child at the Harrisburg Academy for the entire 2007 - 2008 school year. On at least two occasions, families who wanted to enroll their child in Kindergarten (the same grade as Defendants' child was going into) received letters basically advising that they were being put on a waiting list for a spot in Kindergarten. It is Admitted that the child did not attend the Harrisburg Academy for any of the 2007 - 2008 school year. 15. (i) Denied. Defendants' enrollment application was accepted by the Harrisburg Academy; (ii) It is Admitted that execution of the enrollment agreement was a condition precedent to Defendants receivin financial aid from the Harrisburg Academy. It is Denied that execution of the enrollment agreement was a condition precedent to Defendants app vino for financial aid. Plaintiffs Admit representing to the Defendants they would work with the Defendants. Plaintiffs deny ever representing to Defendants how much tuition assistance they would get until after the time the decision was in fact made how much tuition assistance the Defendants would in fact receive; (iii) Denied. Defendants were offered tuition assistance in the amount of a $5,000.00 reduction in the total tuition bill. It is Admitted that no further reductions were made to the amount of tuition owed. It is Admitted the Plaintiff must reduce their damages based upon the amount of tuition assistance the Plaintiffs in fact offered to the Defendants. In fact, the Plaintiffs complaint did give the Defendants credit for the $5,000.00 tuition assistance that they in fact received; (iv) It is Denied the Plaintiffs were aware of the inability of the Defendants to pay the tuition. In fact, especially with the $5,000.00 of tuition assistance, Plaintiffs always believed the Defendants would be able to pay the $378.00 owed for the 2006 - 2007 school year as well as the full amount owed for the 2007 - 2008 school year. After being notified on or around April 17, 2007 that they qualified for $5,000.00 in tuition assistance, it is Denied Defendants represented that they would be unable to pay all tuition which was owed. It was not until August 21, 2007 that Defendants first told Plaintiffs they may have difficulty paying the tuition. 16. Denied. Plaintiff did attempt to mitigate their damages by enrolling another child to fill the spot which would have been occupied by Defendant's child, however, Plaintiff was unsuccessful. WHEREFORE, Plaintiff requests judgment against Defendants as set forth in the complaint. 17. No response required. 18. Denied. Plaintiff has not violated the Unfair Trade Practices and Consumer Protection Law. It is Denied the full down payment was unpaid. Under the applicable Tuition Assistance 6 1 6 Program only a $375.00 deposit was owing and this amount was agreed to by both Plaintiff and Defendants. 19. (i) Denied. Plaintiff did not violate the UTPCPL. In fact, Defendants' child was enrolled at the Harrisburg Academy for the 2007 - 2008 school year even though the $378.00 owing from the 2006 - 2007 school year remained unpaid; (ii) It is Denied Plaintiff represented that substantially all of Defendants tuition would be paid such that Defendants would not be personally responsible for any tuition. It is Denied Plaintiffs would not accept a financial aid application until an enrollment agreement was signed. Plaintiffs would accepl a financial aid application at any time. By way of further response, Plaintiff will not conclusively give any financial assistance unless an enrollment agreement is signed. 20. Denied. The collection fees and Attorney fees being requested in this matter are reasonable. 21. Denied. Plaintiffs contract does not violate the Plain Language Consumer Contract Act. The contract is not self contradictory. Plaintiff is not interpreting the contract in a manner inconsistent with the plain meaning of the words in the contract. There is clear spacing between lines and type size. The contract does include appropriate bold print. The contract does not provide for penalties, but does provide what Defendants' financial obligations are if the enrollment agreement is not cancelled by Defendants by a particular date. The contract does provide fair and adequate notice of Defendants' potential liability for interest and attorney fees. There were no verbal representations of any substance which were not evidence by a written contract. WHEREFORE, Plaintiffs request that Defendant's counterclaim be dismissed. YOFFE & YOFFE, P.C. ay FVRET N. YOFF , QUIRE 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. 08-3919 CIVIL TERM JAMES BERGER and JAMIE BERGER, CIVIL ACTION Defendants 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 Response 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 unswom falsification to authorities. THE HARRISBURG ACADEMY Dated: By---J' Name: David C. Ze Title: Business Manager 0 . , ,% THE HARRISBURG ACADEMY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-3919 JAMES BERGER and JAMIE BERGER, : CIVIL ACTION Defendants CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing on the below individual. Service was accomplished by mailing the same to the address indicated. Daniel Stern, Esq. 2650 North Third Street Harrisburg, PA 17110 Yoffe & Yoffe, P.C. Date: February 18, 2009 By e ey . Yoffe, PA. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net r ?.o 7 T't c , as ? r-- -r ur { The Harrisburg Academy, Plaintiff V. James Berger and Jamie Berger, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 3919 20 08 Civil Term RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jeffrey N. Yoffe, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 11 258.46 plus $2.2714 per day for each day after 6/23/08 up until the day judgment is entered The counterclaim of the defendant in the action is $100.00 P'os attorneys tees and costs The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Jeffrey N. Yoffe, Esquire, Norman M. Yoffe, Esquire and Daniel Stern, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Yoffe & Yoffe, C. By: Jeffrey N. Yoffe, Esquire ORDER OF COURT 214 Senate Ave., Suite 404, Camp Hill, PA 17011 jyoffe@verizon.net (717) 975-1838 AND NOW, .200 , in consideration of the foregoing petition, Esq., and captioned action (or actions) as prayed for. Esq., and Esq., are appointed arbitrators in the above By the Court, THE HARRISBURG ACADEMY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-3919 JAMES BERGER and JAMIE BERGER, CIVIL ACTION Defendants CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing on the below individual. Service was accomplished by mailing the same to the address indicated. Daniel Stern, Esq. 2650 North Third Street Harrisburg, PA 17110 Date: 12,1(g [ -')001 YOFFE & YOFFE, P.C. e,^ 4 JEFFREY 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 FILE D-,u- r.;E OF THE R?^Tt"Q`!'NARY 2009 DEC 18 PH 3: 33 Ty 04, 00 PO All Try at'" hass QT* Sa41 r? The Harrisburg Academy, Plaintiff V. James Berger and Jamie Berger, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 3919 20 08 Civil Term RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jeffrey N. Yoffe, Esquire counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 11'258.46 plus $2.2714 per day for each day after 6123/08 up until the day judgment is entered The counterclaim of the defendant in the action is $100.00 plus attorney's fees and costs The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Jeffrey N. Yoffe, Esquire, Norman M. Yoffe, Esquire and Daniel Stern, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Yoffe & Yoffe, .c. By: AlkA 'w Jeffrey N. Yoffe, Esquire ORDER OF COURT 214 Senate Ave., Suite 404, Camp Hill, PA 17011 AND NOW, jyoffe@verizon.net (717) 975-1838 v? 200 , in consideration of the foregoing petition, Esq., and -'e. 1,2, Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Co F.)F THE Pf,T'r-' NOTARY 1009 DEC 23 Ali 9. 2 3 V Li'r?'V? , ? #'y i ?• THE HARRISBURG ACADEMY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08-3919 CIVIL JAMES BERGER AND JAMIE BERGER, Defendants: ORDER AND NOW, this 41 ' day of January, 2010, the appointment of Elizabeth B. Stone, Esquire, to the Board of Arbitrators in the above-captioned case is VACATED. Debra K. Wallet, Esquire, is appointed in her place. BY THE COURT, ?"- // 1? Hess, P. J. Marlin McCaleb, Esquire Chairman ,,"'Debra K. Wallet, Esquire Elizabeth Stone, Esquire Court Administrator Am n N O ?7 M - ! C' r, N CA ?7 -G THE HARRISBURG ACADEMY, Plaintiff V. JAMES BERGER and JAMIE BERGER, Defendants In The Court of Common Pleas of Cumberland County, Pennsylvania No. ' 08, _ 3919 CIVIL TERM Civil Action - Law. bath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fi lity. Signature S'igna Signature Marlin R. McCaleb Name (Chairman) Law Offices - DPhra K_ WA 11,-+- Nane Marlin R. McCaleb Law Firm TIN: 23-2393754 219 East Main Street Address Law Firm 24 North 32nd Street Address Mechanicsburg, PA 17055 City, zip Camp Hill, PA 17011 City, Zip Daniel L. Sullivan Name Law Firm 3401 North Front Street Address Harrisburg, PA 17110 City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) We find in favor of the Plaintiff and against the Defendants in the Notice of Entry of Award Now, the 4r?kJay of 20 at .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compcnsationto_bo-paid upon-appeal: $??. p? By: Prothonotary Deputy J ARY 2010 HADZ 15 pjj i : L 0 C4p 311& j16 Y THE HARRISBURG ACADEMY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-3919 JAMES BERGER and JAMIE BERGER, CIVIL ACTION Defendants PRAECIPE TO DISCONTINUE Please mark the case against James Berger and Jamie Berger as discontinued and ended with prejudice. Yoffe & Yoffe, P.C. By &hl /11 4 e y . Yoffe, sq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 jyoffe@verizon.net (717) 975-1838 Attorney ID No. 52933 C113 w C.) m ti ?? ti o THE HARRISBURG ACADEMY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-3919 JAMES BERGER and JAMIE BERGER, CIVIL ACTION Defendants CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the attached praecipe on Daniel Stern, Esq. Service was accomplished by e-mailing the same to him at danstern e,paonline.com. Date: November 21, 2010 r!ffireyZY !offe, sq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 jyoffe@verizon.net (717) 975-1838 Attorney ID No. 52933 Yoffe & Yoffe, P.C. B ?i I 4 .