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Home My WebLink About10-0201BARLEY SNYDER LLC George C. Werner, Esquire Court ID No. 28757 126 East King Street Lancaster, PA 17602-2893 717-299-5201 HARRISBURG AREA COMMUNITY COLLEGE One HACC Drive Harrisburg, PA 17110 Plaintiff, V. CARLISLE AREA SCHOOL DISTRICT 623 West Penn Street Carlisle, PA 17013 Defendant. OF ? p? GNAT 2010 JAN -6 PM 38 'ENJ?YLVA ANT Y Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law No. 10 - 0201 a-IV i l Term NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 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 to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). 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 1-800-990-9108 or 717-249-3166 ??0?' 00 P0 ?? 2'T? a3s8? 2774204.1 1 AVISO PARA DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despuds de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGiJN HONORARIO. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 or 717-249-3166 2774204.1 HARRISBURG AREA COMMUNITY COLLEGE One HACC Drive Harrisburg, PA 17110 Plaintiff, V. CARLISLE AREA SCHOOL DISTRICT 623 West Penn Street Carlisle, PA 17013 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -Law No. 0 -?-al cam. COMPLAINT AND NOW, comes Harrisburg Area Community College ("HACC"), through its attorneys, Barley Snyder LLC, filing this Complaint against Carlisle Area School District ("CASD") for tuition payments owed by CASD to HACC. 1. HACC is a Pennsylvania community college existing under the Community College Act of 1963, 24 P. S. § 19-1901-A, et seq., with its principal offices located at One HACC Drive, Harrisburg, PA 17110-2999. 2. CASD is a Pennsylvania school district existing under the Pennsylvania Public School Code, with its principal office located at 623 West Penn Street, Carlisle, Pa 17013-2239. 3. CASD is a "local sponsor" of HACC, as that term is used under § 19-1901-A of the Community College Act. 4. Generally, under the Community College Act and under the plan adopted by HACC's local sponsors, each local sponsor is obligated to pay to HACC a portion of the tuition of the residents of the local sponsor's school district who attend HACC. Specifically, under § 19-1913-A(a) of the Community College Act, CASD, as a local sponsor, is required to appropriate to HACC an amount at least equal to HACC's annual 2774204.1 operating costs less the student tuition as determined in Section 1908-A(a), less the Commonwealth of Pennsylvania's payment as determined in Subsection (b)(1) of Section 19-1913-A. 6. Consistent with the requirements of the Community College Act, HACC's local sponsors submitted to the Pennsylvania State Board of Education a plan of financing which provides in pertinent part: "The plan of financing shall be from the general funds of the participating districts. Each participating district shall pay two-thirds of the normal tuition cost multiplied by the number of students from the sponsoring district." 7. Consistent with the Community College Act, students enrolled in HACC may be charged tuition up to one-third of HACC's operating costs. In effect, therefore, students are charged as tuition one-half of the local sponsor's share, resulting in a local sponsor, and specifically for purposes of this Complaint, CASD, being charged for one-third of the tuition (subject to certain "caps" agreed to between the local sponsor and HACC) of its resident students attending HACC. 8. HACC routinely invoices CASD for its share of the tuition costs for those residents of CASD who attend HACC, and the invoices from HACC identify the specific semester for which CASD owes tuition. 9. HACC invoices CASD only for those students who have produced a certificate of residency, establishing their residence within CASD for the relevant time period. The certificates of residency are issued by CASD, establishing residence within CASD for a particular fiscal year, and the certificate of residency remains valid for the entire fiscal year. 2774204.1 10. Attached hereto, made a part hereof and marked Exhibit 1 is a true and correct copy of HACC's invoice to CASD dated July 24, 2007, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Second Summer Semester, 2007 and Fall Semester, 2007. The invoice reflects the then-current charges, payments and balance due. 11. Attached hereto, made a part hereof and marked Exhibit 2 is a true and correct copy of HACC's invoice to CASD dated July 25, 2007, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Second Summer Semester, 2007 and Fall Semester, 2007. The invoice reflects the then-current charges, payments and balance due. 12. Attached hereto, made a part hereof and marked Exhibit 3 is a true and correct copy of HACC's invoice to CASD dated September 25, 2007, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Second Summer Semester, 2007 and Fall Semester, 2007. The invoice reflects the then-current charges, payments and balance due. 13. Attached hereto, made a part hereof and marked Exhibit 4 is a true and correct copy of HACC's invoice to CASD dated October 5, 2007, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Fall Semester, 2007. The invoice reflects the then-current charges, payments and balance due. 14. Attached hereto, made a part hereof and marked Exhibit 5 is a true and correct copy of HACC's invoice to CASD dated November 2, 2007, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Fall Semester, 2007. The invoice reflects the then-current charges, payments and balance due. 15. Attached hereto, made a part hereof and marked Exhibit 6 is a true and correct copy of HACC's invoice to CASD dated February 21, 2008, setting forth the tuition charges 2774204.1 owed by CASD for its resident students attending HACC during the Fall Semester, 2007 and Spring Semester, 2008. The invoice reflects the then-current charges, payments and balance due. 16. Attached hereto, made a part hereof and marked Exhibit 7 is a true and correct copy of HACC's invoice to CASD dated March 4, 2008, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Spring Semester, 2008. The invoice reflects the then-current charges, payments and balance due. 17. Attached hereto, made a part hereof and marked Exhibit 8 is a true and correct copy of HACC's invoice to CASD dated March 28, 2008, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Fall Semester, 2007 and Spring Semester, 2008. The invoice reflects the then-current charges, payments and balance due. 18. Attached hereto, made a part hereof and marked Exhibit 9 is a true and correct copy of HACC's invoice to CASD dated June 30, 2008, setting forth the tuition charges owed by CASD for its resident students attending HACC during the First Summer Semester, 2008. The invoice reflects the then-current charges, payments and balance due. 19. Attached hereto, made a part hereof and marked Exhibit 10 is a true and correct copy of HACC's invoice to CASD dated November 13, 2008, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Spring Semester, 2008 and First Summer Semester, 2008. The invoice reflects the then-current charges, payments and balance due. 20. Attached hereto, made a part hereof and marked Exhibit 11 is a true and correct copy of HACC's invoice to CASD dated July 21, 2008, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Second Summer Semester, 2008 and Fall Semester, 2008. The invoice reflects the then-current charges, payments and balance due. 2774204.1 21. Attached hereto, made a part hereof and marked Exhibit 12 is a true and correct copy of HACC's invoice to CASD dated September 22, 2008, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Second Summer Semester, 2008 and Fall Semester, 2008. The invoice reflects the then-current charges, payments and balance due. 22. Attached hereto, made a part hereof and marked Exhibit 13 is a true and correct copy of HACC's invoice to CASD dated October 31, 2008, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Second Summer Semester, 2008, Fall Semester, 2008 and Spring Semester, 2009. The invoice reflects the then-current charges, payments and balance due. 23. Attached hereto, made a part hereof and marked Exhibit 14 is a true and correct copy of HACC's invoice to CASD dated February 26, 2009, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Second Summer Semester, 2008, Fall Semester, 2008 and Spring Semester, 2009. The invoice reflects the then-current charges, payments and balance due. 24. Attached hereto, made a part hereof and marked Exhibit 15 is a true and correct copy of HACC's invoice to CASD dated June 30, 2009, setting forth the tuition charges owed by CASD for its resident students attending HACC during the Fall Semester, 2008, Spring Semester, 2009 and First Summer Semester, 2009. The invoice reflects the then-current charges, payments and balance due. 25. Attached hereto, made a part hereof and marked Exhibit 16 is a spreadsheet analysis of the tuition payments owed by CASD to HACC, as documented in the invoices 2774204.1 attached as Exhibits 1 through 15 attached hereto, recording all payments made by CASD and all appropriate credits available to CASD. 26. The amounts reflected in each of the identified invoices represent tuition costs owed by CASD to HACC for residents of CASD who attended HACC and who presented HACC with a certificate of residency, and Exhibit 16 represents the calculations of the amounts still due. The amounts reflected in the invoices and the calculation of the amounts due are appropriate and consistent with the Community College Act and the plan of financing adopted by the local sponsors of HACC. 27. Despite repeated demands, CASD has refused to pay to HACC the amount owed. 28. As indicated on Exhibit 16 the amount still owed by CASD for tuition costs for its resident students totals $226,545.50. WHEREFORE, Harrisburg Area Community College respectfully requests that judgment be entered in its favor and against the Carlisle Area School District in the amount of $226,545.50, together with interest and costs as allowed by law. Dated: /-03-/o BARLEY SrYYDER LLC By: C. WernW Esquire Court ID No. 28757 Attorneys for Plaintiff Harrisburg Area Community College 126 East King Street Lancaster, PA 17602-2893 717-299-5201 2774204.1 VERIFICATION I, George A. Franklin, Jr., verify that I am the Vice President of Finance & College Resources of Harrisburg Area Community College; that as such I am authorized to execute this Verification on its behalf; and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments in the foregoing document are based upon an understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. i Dated: a j 0 By: G VP, Finance & College Resources Harrisburg Area Community College 2774204.1 Exhibit 1 f CARLISLE AREA SCHOOL DISTRICT Previous Balance Second Summer : Fall Spring First Summer : Current Charges Payments Balance Due ----TO INSURE PROPER CREDIT PLEASE---- Make check payable to: HARRISBURG AREA COMMUNITY COLLEGE Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - C208 HARRISBURG, PA 17110-2999 Vendor #: H01564115 Billing Date: 24-JUL-07 Due Date 23-AUG-07 Invoice Number: 90151199 $.00 $18,985.00 $86,054.50 $.00 $.00 $105,039.50 -$11,901.00 -------------- $93,138.50 Please return the bottom portion of this page with your payment Along with your payment, please include the names and ID,a of students for which payment is being withheld. ----------------------------------------------------------------------------- THANK YOU '- ------ Vendor #: H01564115 CARLISLE AREA SCHOOL DISTRICT Invoice Number: S0151199 Billing Date: 24-JUL-07 Due Date 23-AUG-07 , Previous Balance $.00 Second Summer $18,985.00 . Fall $86,054.50 Spring : $.00 Furst Summer $.00 Current Charges $105,039.50 Payments -$11,901.00 Balance Due 093,138-50 -- HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717)780-2662 FAX (717) 780-2436 Exhibit 2 HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717)780-2662 / FAX (717)780-2436 wlkungehacc.edu CARLISLE AREA SCHOOL DISTRICT Previous Balance : Second Summer : Fall Spring First Summer Current Charges Payments s Balance Due ----TO INSURE PROPER CREDIT PLEASE---- Make check payable to: HARRISBURG AREA COMMUNITY COLLEGE Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - C208 HARRISBURG, PA 17110-2999 Vendor #: H01564115 Billing Date: 25-JUL-07 Due Date 24-AUG-07 Invoice Number: 80151559 $93,138.50 $241,50 $14,570.50 $.00 $.00 $14,812.00 $.00 ------------ $107,950.50 Please return the bottom portion of this page with your payment Along with your payment, please include the names and ID,'s of students for which payment is being withheld. ---------------------------------------------------------------------7-------------- THANx YOU Vendor #: H01564115 CARLISLE AREA SCHOOL DISTRICT Invoice Number: 50151559 Previous Balance Second Summer Fall Spring First Summer Current Charges Payments Balance Due Billing Date: 25-JUL-07 Due Date : 24-AUG-07 $93,138.50 $241.50 $14,570.50 $.00 $.00 $14,812.00 $.00 $107,950.50 OK Exhibit 3 HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717)780-2662 / FAX (717)780-2436 wikung*mcc. edu Vendor #: H01564115 Billing Date: 25-SEP-07 Due Date 25-OCT-07 Invoice Number: 50158120 CARLISLE AREA SCHOOL DISTRICT Previous Balance : Second Summer : Fall , Spring First Summer Current Charges : Payments : Balance Due ----TO INSURE PROPER CREDIT PLEASE---- Make check payable to: HARRISBURG AREA COMMUNITY COLLEGE Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - C208 HARRISBURG, PA 17110-2999 $107,950.50 $2,213.75 $151,702.25 $.00 $.00 $153,916.00 -$106,018+50 --$155,848.00 Please return the bottom portion of this page with your payment Along with your payment, please include the names and ID's of students for which payment is being withheld. ------------------------------------------------------------------------------------ THANK YOU Billing Date: 25-SEP-07 Due Date : 25-OCT-07 Vendor #: H01564115 CARLISLE AREA SCHOOL DISTRICT Invoice Number: 50158120 Previous Balance ; Second Summer Fall Spring : First Summer Current Charges Payments Balance Due : $107,950.50 $2,213.75 $151,702.25 $.00 $.00 $153,916.00 41061018150 -------------- $155,848.00 Exhibit 4 HARRISBURG AREA COMMUNITY COLLEGE , ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717)780-2662 / FAX (717)780-2436 wlkung*hacc.edu CARLISLE AREA SCHOOL DISTRICT Previous Balance c Second Summer Fall : Spring , First Summer Current Charges Payments Balance Due 4 ----TO INSURE PROPER CREDIT PLEASE---- Make check payable to: HARRISBURG AREA COMMUNITY COLLEGE Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - C208 HARRISBURG, PA 17110-2999 Vendor #: H01564115 Billing Date: 05-OCT-Q7 Due Date 04-NOV-07 Invoice Number: 50160968 $155,848.00 $.00 $120.75 $.00 $.00 ` $120,75 $.00 -------------- $155,968.75 Please return the bottom portion of this page with your payment Along with your payment, please include the names and ID's of students for which payment is being withheld. -------------------------------------------------------------------------------- THANK YOU Vendor #: H01564115 CARLISLE AREA SCHOOL DISTRICT Invoice Number: 80160968 Previous Balance , Second Summer Fall spring First Summer Current Charges Payments , Balance Due : Billing Date: 05-OCT-07 Due Date : 04-NOV-07 $155,848.00 $.00 $120.75 $.00 $.00 $120.75 $.00 $155,968.755 Exhibit 5 HARRISBURG-AREA COMMUNITY COLLEGE ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717)780-2662 FAX (717)780-2436 Vendor #: H01564115 Billing Date: 02-NOV-07 Due Date 02-DEC-07 Invoice Number: 50165920 CARLISLE AREA SCHOOL DISTRICT Previous Balance $155,968.75 Second Summer $.00 Fall $523.25 Spring $.00 First Summer $.00 Current Charges $523.25 Payments -$154,882.00 n - Balance Due $1,610.00 ----TO INSURE PROPER CREDIT PLEASE---- Make check payable to: HARRISBURG AREA COMMUNITY COLLEGE Note: The 10/6/07 Invoice is followed up by the 11/2/07 Invoice. Therefore, your school district balance as of 11/2/07 Is; .610.00 Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - cm HARRISBURG, PA 17110-2999 Please return the bottom portion of this page with your payment Along with your payment, please include the names and ID's of students for which payment is being withheld. ------------------------------------------------------------------------------------ THANK YOU Billing Date: 02-NOV-07 Due Date : 02-DEC-07 Vendor ##: HD1564115 CARLISLE AREA SCHOOL DISTRICT Invoice Number: S0165920 Previous Balance Second Summer : Fa l l Spring First Summer Current Charges Payments Balance Due $155,968.75 $.00 $523.25 $.00 $.00 $523.25 -$154,882.00 ------------- $1,610.00 Exhibit 6 HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717) 780-2662 FAX (717)780-2436 CARLISLE AREA SCHOOL DISTRICT .r ----TO INSURE PROPER CREDIT PLEASE---- Make check payable to: HARRISBURG AREA COMMUNITY COLLEGE Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - C208 HARRISBURG, PA 17110-2999 Previous Balance : Second Summer : Fall Spring First Summer Current Charges Payments Balance Due n Vendor #: H01564215 Bailing Date: 21-FEB-08 Due Date 22-MAR-08 Invoice Number: S0178501 $1,610.00 $.00 $2,737.00 $261,930.00 $.00 $264,667.00 -$1,361.00 -------------- $264,916.00 Please return the bottom portion of this page with your payment Along with your payment, please. include the names 'and ID's of students for which payment is being withheld. ------------------------------------------------------------- ---------------------- THANK YOU Billing Date: 21-FEB-08 Due Date : 22-MAR-08 Vendor #; H01564115 CARLISLE AREA SCHOOL DISTRICT Invoice Number: S0170501 Previous Balance ; Second Summer : Fall Spring First Summer Current Charges Payments Balance Due $1,610.00 $.00 $2,737.00 $261,930.00 $.00 $264,667.00 -$1,361.00 -------------- $264,916.00 Exhibit 7 HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717)780-2662 FAX (717)780-2436 CARLISLE AREA SCHOOL DISTRICT Previous Balance Second Summer : Fall : Spring : First Summer : Current Charges Payments : .Balance Due r ----TO INSURE PROPER CREDIT PLEASE---- Make check payable to.. HARRISBURG AREA COMMUNITY COLLEGE Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - C208 HARRISBURG,-PA 17110-2999 Vendor #: H02564215 Billing Date: 04-MAR-08 Due Date t 03-APR-08 Invoice Number: S0180483- $264,916.00 $.00 $.00 $442,75 $.00 $442.75 $.00 $265,358,75 Please return the bottom portion of this page with your payment Along with your payment, please inelude the names and ID's of students for which payment is being withheld. ------------------- d-----------..----------------------------------------------------- THANK YOU Vendor #: H01564125 CARLISLE AREA SCHOOL DISTRICT Invoice Number: 50180483 Previous Balance : Second Summer : Fall : Spring : First Summer Current Charges : Payments : Balance Due Billing Date: 04-MAR-08 Due Date : 03-APR-08 $264,916,00 $.00 $.00 $442,75 $.00 $442.75 $.00 -------------- $265,358.75 $q.? Exhibit 8 HARRISBURG AREA COMMUNITY COLLS03 0143 HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717)780-2662 / FAX (717)780-2436 wlkungehacc,edu Vendor #; H01564115 Billing Date: 28-MAR-08 Due Date 27-APR-08 Invoice Numbers S0183587 CARLISLE AREA SCHOOL DISTRICT Previous Balance : Second Summer : Fall Spring , First Summer Current Charges Payments Balance Due .. .i 16t1i=1CC.----TO INSURE PROPER CREDIT PLEASE---- Make check payable to: HARRISBURG AREA COMMUNITY COLLEGE Sent payment to; HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - C208 HARRISBURG, PA 17110-2999 '5265,358.75 $,00 $966.00 $3,743.25 $.00 $4,709.25 $.00 -------------- $270,068.00 Please return the bottom portion of this page with your payment Along with your payment, please include' the names and ID's of students for which payment is being withheld. ----------- -------------------------------- ;- TT ------------------------------------- THANKjqy Billing Date: 28-MAR-08 Due Date : 27-APR-08 Vendor #; H01564115 CARLISLE AREA SCHOOL DISTRICT Invoice Number: 50183587 Previous Balance Second Summer ; Pall Spring First Summer Current Charges Payments : Balance Due : $265,358.75 $.00 $966.00 $3,743.25 $.00 $4,709.25 $.00 -------------- $270,068.00 Exhibit 9 HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717)780-2662 FAX (717)780-2436 CARLISLE AREA SCHOOL DISTRICT Previous Balance Second Summer Fall Spring First Summer Current Charges Payments Balance Due ----TO INSURE PROPER CREDIT PLEASE---- Make check payable to: HARRISBURG AREA COMMUNITY COLLEGE Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - C208 HARRISBURG, PA 17110-2999 Vendor #: H01564115 Billing Date: 30-JUN-08 Due Date 30-JUL-68 Invoice Number: 50185734 $270,068.00 $-00 -$483.00 -$1,972.25 $62,749.75 $60,294.50 -$228,643.25 -------------- $101,719.25 Please return the bottom portion of this page with your payment Along with your payment, please include the names and ID's of students for which payment is being withheld. ------------ THANK YOU Vendor #: H01564115 CARLISLE AREA SCHOOL DISTRICT Invoice Number: S0185734 Previous Balance Second Summer Fall Spring First Summer Current Charges Payments Balance Dine Billing Date: 30-JUN-08 Due Date : 30-JUL-08 $270,068.00 $.00 -$483.00 -$1,972,25 $62,749.75 $60,294.50 -$228,643.25 -------------- $101,719.25 Exhibi10 t 10 HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717)780-2662 / FAX (717)780-2436 wlkungehacc.edu CARLISLE AREA SCHOOL DISTRICT Previous Balance Second Summer Fall Spring First Summer Current Charges Payments Balance Due ----TO INSURE PROPER CREDIT PLEASE---- Make check payable to: HARRISBURG AREA COMMUNITY COLLEGE Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - 0208 HARRISBURG, PA 17110-2999 Vendor #: H01564115 Billing Date: 13-NOV-08 Due Date 13-DEC-08 Invoice Number: S0188904 $101,719.25 $.00 -$805.00 $483.00 $322.00 $.00 $.00 ------------ - $101,719.25 Please return the bottom portion of this page with your payment Along with your payment, please include the names and ID's of students for which payment is.being withheld. ------------------------------------------------------------------------------------ THANK YOU Vendor #: H01564115 CARLISLE AREA SCHOOL DISTRICT Invoice Number: 50188904 Previous Balance : Second Summer Fall Spring First Summer : Current Charges Payments Balance Due . Billing Date: 13-NOV-08 Due Date : 13-DEC-08 $101,719.25 $.00 -$805.00 $483.00 $322.00 $.00 $.00 $101,719.25 Exhibit I I HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717)780-2662 FAX (717)780-2436 CARLISLE AREA SCHOOL DISTRICT 623 W PENN ST CARLISLE PA 17013-2239 ----TO INSURE PROPER CREDIT PLEASE---- Make check payable to: HARRISBURG AREA COMMUNITY COLLEGE Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - 0208 ! HARRISBURG, PA 17110-2999 Previous Balance Second Summer Fall. Spring First Summer Current Charges Payments Balance Due . Vendor #: H01595970 Billing Date: 21-JUL-08 Due Date 20-AUG-08 Invoice Number: S0186229 $.00 $18,170.50 $60,858.00 " $.00 $.00 $79,028.50 $.00 -------------- $79,028.50 Please return the bottom portio f this page with your payment Along with your payment, please include a names and ID's of students for which payment is bein withheld. --------------------------------------------------- -------------------------------- THANK YOU Vendor #: H01595970 CARLISLE AREA SCHOOL DISTRICT Invoice Number: 50186229 Previous Balance Second Summer : Fall Spring First Summer Current Charges Payments Balance Due Billing Date: 21-JUL-08 Due Date : 20-AM-08 $.00 $18,170.50 $60,858.00 $.00 $-00 $79,028.50 $.00 -------------- $79,028.50 Exhibit 12 HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONIC (717)780-2662 FAX (717)780-2436 wlkingehacc.edu CARLISLE'AREA SCHOOL DISTRICT 623 W PENN ST CARLISLE PA 17013-2239 Previous Balance Second Summer Fall Spring First Summer Current Charges Payments Balance Due ----TO INSURE PROPER CREDIT PLEASE---- Make check payable to: HARRISBURG AREA COMMUNITY COLLEGE Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - C208 HARRISBURG, PA 17110-2999 Vendor #: H01595970 Billing Date: 22-SEP-08 Due Date 22-OCT-08 Invoice Number: 50187701 $79,028.50 $4,789.75 $176,415.75 $.00 $.00 $181,205.50 • $.00 • $260,234.00 Please return the bottom portion of this page with your payment Along with your payment, please include the names and ID's of students for which payment is being withheld. ------------------------------------------------------------------------------------ THANK YOU Vendor #: HD1595970 CARLISLE AREA SCHOOL DISTRICT Invoice Number: 50187701 Previous Balance Second Summer Fall Spring First Summer Current Charges Payments Balance Due Billing Date: 22-SEP-08 Due Date : 22-OCT-08 r $79,028.50 $4,789.75 $176,415.75 $.00 $.00 $181,205.50 • $.00 -------------- $260,234.00 Exhibit 13 HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717)780-2662 / FAX (717)780-2436 wlkungehacc.edu CARLISLE AREA SCHOOL DISTRICT 623 W PENN ST CARLISLE PA 17013-2239 ----TO INSURE PROPER CREDIT PLEASE---- Make check payable ta: HARRISBURG AREA COMMUNITY COLLEG'g Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - C208 HARRISBURG, PA 17110-2999 Previous Balance : Second Summer Fall Spring , First Summer Current Charges Payments Balance Due . Vendor #: H01595970 Billing Date: 31-OCT-o8 Due Date 30-NOV-08 Invoice Number. 50188594 $260,234.00 $644.00 $10,585.75 $724.50 $.00 $11,954.25 00 -------------- $272,1188.25 Please return the bottom portion of this page with your payment Along with your payment, please include the names and ID's of students for which payment is being withheld. YOU -_-----^---°_^-___»..-__----- THANK Billing Date: 31-OCT-08 Due Date : 30-NOV-08 Vendor #: H01595970 CARLISLE AREA SCHOOL DISTRICT Invoice Number: 50188594 Previous Balance Second Summer Fall Spring , First Summer Current Charges Payments Balance Due $260,234.00 $644.00 $10,585.75 $724.50 $.00 $11,954.25 $00 -------------- $272,188.25 Exhibit 14 HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE HARRISBURG, PA 17110-2999 PHONE (717)780-2662 / FAX (717)780-2436 wlkungWhacc.edu CARLISLE AREA SCHOOL DISTRICT 623 W PENN ST CARLISLE PA 17013-2239 Previous Balance Second Summer Fall Spring First Summer Current Charges'' Payments ' Balance Due ----TO INSURE PROPER CREDIT PLEASE---- Make check payable to: HARRISBURG AREA COMMUNITY COLLEGE Sent payment to: HARRISBURG AREA COMMUNITY COLLEGE ONE HACC DRIVE - C208 HARRISBURG, PA 17110-2999 Vendor #: H01595970 Billing Date: 26-FEB-09 Due Date 28-MAR-09 Invoice Number: 50190711 $272,188.25 $724.50 $3,018.75 $260,457.75 $.00 $264,201.00 -$194,833.75 -------------- $341,555:50 Please return the bottom portion of this page with your payment Along with your payment, please include the names and ID09 of students for which payment is being withheld. ---------------------------------------------------------------- ------------------ THANK YOU Vendor #: H01595970 CARLISLE AREA SCHOOL DISTRICT Invoice Number: S0190711 Previous Balance Second Summer Fall Spring First Summer Current Charges Payments Balance Due Billing Date: 26-FEB-09 Due Date : 28-MAR-09 $272,188.25 $724.50 $3,018.75 $260,457.75 $.00 $264,201.00 -$194,833.75 -------------- $341,555.50 Exhibit 15 HARRISBURG AREA, COMMUNITY coLLBGE ONE HACC DRIVE HARRISBURG PA 17110-2999 Phone:(717) 780-2662/Fax:(717)-780-2436 CARLISLE AREA SCHOOL DISTRICT 823 W PENN ST CARLISLE PA 17013-2239 ---=-TO INSURE PROPER CREDIT PLEASE----- Make check pep?able to: HARRISBURG AREA COMMUNITY COLLEGE Sent payment to: HARRISBURG AREA COMMUNITY COLLBGS ONE .ACC DRIVE -0208 HARRISBURG PA 17110-2999 Previous Balance Second Summer Fail Spring First Summer Invoice Adjustment Current charge Payment Balance Due Vendor* H01595970 Billing Date: 613002009 Due Date: 7/30/2009 Invoice #: 30193728 $ 341,555.50 $ 988.00 $ 1,811.26 $ 65,889.25 $ J1,634.00) $ 87,032.50 $(272,057.50) 138 620.50 Please return the bottom portion of this page with your payment, Along with your payment, please inelude the names and ID's of students for which payment Is being wRhheld. _.__._..__..._._....._-..THANK YOU ._...._.?-................................... --_._...-------- Vendor # H01595970 CARLISLE AREA SCHOOL DISTRICT Invoice Number: 80193726 Billing Date: 813012009 Due Date: 7130/2009 Previous Balance $ 341,565.60 Second Summer $ - Fail $ 966.00 Spring $ 1,811,25 First Summer $ 65,889.25 Invoice Adjustment $ (1,634.00) Current charge $ 67,032.60 Payment $(272,087.60) Balance Due $ 136,520.50 Exhibit 16 O O c0 O LO CO O O .„ co m R ? 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C U O CCs > ?m V5 O E > H C1 ca CU C E E E ° o_ o c c m `m O u U E O .O all C N O ? O O N U_ CU O .L .E E N 0 O N N a O U N N c y 3 `m U C13 (D U Y a U O p N ? (3l U Cl) co G09 O O C O 0 W C6 c 2072242 THIS IS AN ARBITRATION MATTER. ASSESSI?FNT,9 F DAMAGES HEARING REQUIRED. C ° GORDON & WEINBERG, P.C. - ? rnrl- A BY: FREDERIC I. WEINBERG, ESQUIRE Id tifi i l en cat on No.: 41360 i JOEL M. FLINK, ESQUIRE CC Identification No.: 41200 <' 3 1001 E. Hector Street, Ste 220 77 Conshohocken, PA 19428 w 484/351-0500 ASSET ACCEPTANCE LLC ASSIGNEE OF HOUSEHOLD BANK 18405 VanDyke Avenue Warren MI 48093 VS. TERRI R BLUMENTHAL 150 S PITT ST CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10 - aka Cili I ( ter k 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) 249-3166 Co ?P0 R7T4 e id i rro 0235 853 6 COMPLAINT IN CIVIL-ACTION 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant (s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the original creditor under the terms of which the original creditor agreed to extend to defendant(s)the use of original creditor's credit facilities. 3. Defendant (s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the original creditor for the use of said credit card. 4. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the original creditor. A true and correct copy of the Statement of Account or Affidavit of Account, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of December 16, 2009 in the amount of $1,299.26. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 2/8/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,299.26 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W INB RG, ESQUIRE JOEL M. FLINK QUIRE Attorney for Plaintiff P01A.DB VERIFICATION I hereby state that I am the agent for.the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. Name STATE OF MICHIGAN COUNTY OF MACOMB ss c? 0-? y 2--? ASSET ACCEPTANCE, LLC ) Plaintiff, vs ) AFFIDAVIT TERRI R BLUMENTHAL ) Defendant, I, nFANNA SKIERSKI being first duly sworn deposes and states: That I am the Supervisor of ASSET ACCEPTANCE, LLC a Limited Liability company organized and existing under the laws of the State of Delaware and doing business at P.O. BOX 2041, WARREN, MI 48090. That there is justly due and owing on the account, the sum of $1299.26 representing the charged off amount and interest. That the said account originally with /HOUSEHOLD BANK, account number 5440455014087376, has been purchased by ASSET ACCEPTANCE, LLC, who now owns said account and has all rights connected therewith including the right to institute this action. ted this 20th day of Nove er, 2009. Supervisor Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 20th of November, 2009 as certified by my hand as set . C ENotary Public w *,?r?Ci} r J Iri.rr . n S; rs?s c ab ;<' 20,112 Ki, Cor'fm6sion 0 Acting in the C'ouln:y of 40052712 1064 GORDON & WEINBERG 0 0 4 0 0 5 2 7 1 2 Attit A;c101o k;.8 ,.a ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 TERRI R BLUMENTHAL 150 S PITT ST CARLISLE,PA 17013 ACCOUNT NUMBER CURRENT BALANCE 5440455014087376 $1299.26 STATEMENT DATE DUE DATE NOV 20 2009 DUE ACCOUNT NUMBER 5440455014087376 DATE OF LAST PAYMENT 02/08/06 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE NOV 20 2009 40052712 BALANCE DUE $1299.26 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF AALLC/COLLECT AMER P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 03/09/06 08/25/09 $1299.26 0.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF NOV 20 2009 $0.00 *For purposes of this Statement only, Charge Off Amount reflects credits for payments received by Asset, if any. ** Not previously sent to consumer. THIS COMMUNICATION IS FROM A DEBT COLLECTOR 40052712 1064 GORDON & WEINBERG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ,:~ri~, ~rt ~~utt.~r~ ~- y~1~ ~iLED-a k-'MICE OF ~c Pry~~~'r~`~E'!JTA~?Y Zo-a ~A~a ~ 3 ~r~ ~o: 2s Edward L Schorpp Solicitor C~~~~, , ~~ ~ .~ Ui~1 i~` i:.rr . ii~ ~ ~!j _ ~, v, a ~,u, ., 1`; Harrisburg Area Community College Case Number vs. I Carlisle Area School District 2010-201 SHERIFF'S RETURN OF SERVICE 01/08/2010 03:06 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 8, 2010 at 1506 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Carlisle Area School District, by making known unto Tom Longenecker, Director of Finance at 623 West Penn Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 January 11, 2010 SO A SWER NNY R ANDERSON, SHERIF~'~' ..-----~ f ~' p Sheriff HARRISBURG AREA COMMUNITY COLLEGE, Plaintiff v. CARLISLE AREA SCHOOL DISTRICT Defendant NO.2010-201 ANSWER AND NEW MATTER Answer -n --l _;~ ~ ~~ _..,; i ~_J •ti AND NOW, comes the CARLISLE AREA SCHOOL DISTRICT ("CASD"), who makes the following Answer to Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. The local sponsor is only obligated to pay to HARRISBURG AREA COMMUNITY COLLEGE (°HACC") a portion of the tuition of the resident if the resident has qualified for a subsidy by obtaining a Certificate of Residency from the School District and presenting it to the community college no later than time of tuition billing. 5. Admitted in part and denied in part. The local sponsor is not required to pay a portion of the resident's tuition unless the resident has qualified for a tuition subsidy by obtaining a Certificate of Residency from the School District and presenting it to the community college no later than time of tuition billing. 6. Admitted in part and denied in part. The resolution approved by the SAIDIS, I IIVDSAY •~ uw 26 West High Street Carlisle, PA Delegates of the meeting of the Board of the Harrisburg Area Community College on April 6, 1977 also resolved that °no district will be assessed for its one-third share unless a Certificate of Residency is on file with the community college at the time of billing." 7. Admitted in part and denied in part. It is admitted that under certain circumstances local sponsors may be required to pay a portion of a student's tuition. A local IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNYSLVANIA CIVIL ACTION -LAW c^, sponsor is only obligated to pay a portion of the tuition of a resident of that School District, and is further only obligated to pay a portion of the tuition of that resident if the resident has obtained a Certificate of Residency from the School District and if that Certificate of Residency is on file with the community college at the time of billing. 8. Admitted in part and denied in part. Plaintiff does routinely invoice CASD for tuition that is due for students who have obtained a Certificate of Residency which is on file with the community college at the time of billing. This action arises from a dispute between Plaintiff and Defendant which results from the fact that Plaintiff billed Defendant for tuition for students who had not obtained a Certificate of Residency which was on file with Plaintiff at the time of billing, which students did not qualify for tuition subsidy, and further that Plaintiff billed Defendant for a tuition subsidy for students who were clearly not residents of the School District, as was self-evident from billings generated by Plaintiff and sent to addresses outside the School District, and in some cases even outside the Commonwealth of Pennsylvania. 9. Denied. As part of its claim, HACC invoiced the CASD for students who obtained their Certificate of Residency fraudulently, while living outside of the CASD and in some cases outside of the Commonwealth of Pennsylvania. Only those students who have obtained a Certificate of Residency which is was on file with HACC at the time of billing are entitled to the tuition subsidy for that course. HACC also invoiced CASD for students who failed to obtain a Certificate of Residency which was on file with Plaintiff at the time of billing, which students did not qualify for a subsidy. 10. Admitted in part and denied in part. It is admitted that Exhibit 1 is a true and SAIDIS, ~~OWER ~ LINDSAY nrmm~xs•.vuw 26 West High Street Carlisle, PA correct copy of HACC's invoice to CASD dated July 24, 2007, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 11. Admitted in part and denied in part. It is admitted that Exhibit 2 is a true and correct copy of HACC's invoice to CASD dated July 25, 2007, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 12. Admitted in part and denied in part. It is admitted that Exhibit 3 is a true and SAIDIS, FIAWER Si LIlVDSAY er[oa~5•ntuw 26 West High Street Carlisle, PA correct copy of HACC's invoice to CASD dated September 25, 2007, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 13. Admitted in part and denied in part. It is admitted that Exhibit 4 is a true and correct copy of HACC's invoice to CASD dated October 5, 2007, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 14. Admitted in part and denied in part. It is admitted that Exhibit 5 is a true and correct copy of HACC's invoice to CASD dated November 2, 2007, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 15. Admitted in part and denied in part. It is admitted that Exhibit 6 is a true and SAIDIS, )FZAWER Sz LINDSAY ~rtom~s,-ruw 26 West High Street Carlisle, PA correct copy of HACC's invoice to CASD dated February 21, 2008, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 16. Admitted in part and denied in part. It is admitted that Exhibit 7 is a true and correct copy of HACC's invoice to CASD dated March 4, 2008, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 17. Admitted in part and denied in part. It is admitted that Exhibit 8 is a true and correct copy of HACC's invoice to CASD dated March 28, 2008, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 18. Admitted in part and denied in part. It is admitted that Exhibit 9 is a true and SAIDIS, F~AWER Si LINDSAY ,vuw 26 West High Street Carlisle, PA correct copy of HACC's invoice to CASD dated June 30, 2008, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 19. Admitted in part and denied in part. It is admitted that Exhibit 10 is a true and correct copy of HACC's invoice to CASD dated November 13, 2008, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 20. Admitted in part and denied in part. It is admitted that Exhibit 11 is a true and SAII~IS, LIl~1D5~ 26 West High Street Carlisle, PA correct copy of HACC's invoice to CASD dated July 21, 2008, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 21. Admitted in part and denied in part. It is admitted that Exhibit 12 is a true and correct copy of HACC's invoice to CASD dated September 22, 2008, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 22. Admitted in part and denied in part. It is admitted that Exhibit 13 is a true and correct copy of HACC's invoice to CASD dated October 31, 2008, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 23. Admitted in part and denied in part. It is admitted that Exhibit 14 is a true and SAIDIS, I11~1D5~ 26 West High Street Carlisle, PA correct copy of HACC's invoice to CASD dated February 26, 2009, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 24. Admitted in part and denied in part. It is admitted that Exhibit 15 is a true and correct copy of HACC's invoice to CASD dated June 30, 2009, but denied that this bill sets forth the correct amount due. On the contrary, CASD has paid all tuition subsidies due for School District residents who qualified for a tuition subsidy by obtaining a Certificate of Residency from the CASD and submitting that Certificate of Residency to HACC as of the time of billing. The CASD did not pay, and disputes, HACC's attempt to collect for tuition subsidies for students who failed to obtain a Certificate of Residency and to submit that to HACC as of the time of billing, and for students who fraudulently obtained a Certificate of Residency when in fact, as was self-evident from bills generated by HACC, they lived outside the of the CASD, and some cases outside of the Commonwealth of Pennsylvania. 25. It is admitted the Exhibit 16 is a spreadsheet of amounts which HACC alleges are due from CASD. It is denied that said sums are due. The money claimed represents attempted retroactive charges for tuition for students who failed to qualify for a tuition subsidy by failing to obtain a Certificate of Residency and filing it with the HACC at the time of billing or who fraudulently obtained a Certificate of Residency when they were not residents. 26. Denied. CASD has paid all sums due to HACC. 27. Denied. CASD does not owe any money to HACC. 28. Denied. The sum indicated on Exhibit 16 is not owed by CASD to HACC. WHEREFORE, the CARLISLE AREA SCHOOL DISTRICT requests that the sum claimed by HARRISBURG AREA COMMUNITY COLLEGE be denied. NEW MATTER SAIDIS, DOWER ~ LINDSAY ~notn~snruw 26 West High Street Carlisle, PA 29. The answers to the averments in paragraph 1 through 28 are incorporated herein as if fully set forth herein. 30. Attached as Defendant's Exhibit 1 is a letter of May 16, 1977 from HACC to the CASD reviewing a resolution approved by the delegates at the meeting of HACC of April 6, 1977 stating in pertinent part that a Certificate of Residency will be valid only during the fiscal year (from July 1 -June 30) in which it was issued and that "no District will be assessed for it's one-third share unless a Certificate of Residency is on file with the community college at the time of billing." 31. Defendant's Exhibit 2 is an image from the HACC Website in the area of Certificate of Residency which reconfirms these principals as follows "1. Certificate of Residency will be valid only during the fiscal year (July 1- June 30) in which it is issued. 2. No District will be assessed for its one-third share unless a Certificate of Residency is on file with the community college at the time of billing." 32. Defendant's Exhibit 3 is an excerpt from the HACC Course Selection Guide which provides "students who wish to claim subsidy (when a portion of tuition is paid for by the sponsoring School District) from one of the 22 sponsoring School Districts of the College must obtain a Certificate of Residency and present it to either the Office of Student Accounts or Registration no later than the tuition payment deadline." 33. All but approximately $34,000 of the amount of which Plaintiff claims from Defendant is for students who failed to obtain a Certificate of Residency and to present it to HACC by the time of billing. As is abundantly clear from documentation obtained from Plaintiff, these students did not qualify for a subsidy of their tuition. Under the circumstances the District may not be assessed its one-third share retroactively, but only if the student qualified for the subsidy by obtaining and timely filing the Certificate of Residency. Plaintiff inappropriately granted a retroactive subsidy to these students, Plaintiffs proper remedy is to disallow the subsidy and to recover the tuition due from the individual students in question. 34. Defendant's Exhibit 1, the letter from Plaintiff of May 16, 1977, contains a SAIDIS, FTAWER ~ LINDSAY mmat~'-5..~ruw 26 West High Street Carlisle, PA provision entitled "Reciprocity° which provides in pertinent that a student who applies for admission to HACC will be requested to give his or her address as of July 1 of that fiscal year and that "if the address differs from his/her current address, the student will be referred to the sponsoring district as of his/her address on July 1." 35. Plaintiff consequently had the obligation to bring to Defendant's attention students whose addresses, as supplied to Plaintiff by the student, were clearly outside of the CASD, and in some cases outside of the Commonwealth of Pennsylvania. 36. In these cases the information provided to obtain a Certificate of Residency was fraudulent, and the CASD is not liable to HACC for tuition subsidies for students who are not residents of the CASD. HACC failed in its obligation to refer these cases back to the CASD, for the appropriate voiding of the Certificate of Residency. 37. Included in Plaintiff's billing of Defendant for fiscal year 2008 were eight (8) students who had no address on file with HACC, four (4) students who had out of state addresses, including the District of Columbia, Montana, North Carolina and Virginia, and seven (7) students who provided addresses for cities or towns outside of the CASD boundaries, including Grantham, Hanover, Harrisburg, Manheim, New Cumberland, Mechanicsburg, Etters, Newville, Shermansdale and Youngsville. The Certificates of Residency obtained by these students were fraudulent, and the CASD is not liable for payment of subsidies for these non-residents. Plaintiff's proper remedy this is to assert claims against these individual students for full tuition. 36. HACC is aware of many of these fraudulent Certificates of Residency. SAIDIS, LINDS nr~ortmvs nnuw 26 West High Street Carlisle, PA Letters concerning several of these are set forth in Defendant's Exhibit 4, letters of April 29, 2009 advising HACC that an individual with an address of Newport, Pennsylvania was not a resident of CASD, that an individual with an address of Mechanicsburg, Pennsylvania was not a resident of CASD and that an individual with an address of Camp Hill, Pennsylvania was not a resident of CASD. In spite the fact that Plaintiff has been made aware of these fraudulent Certificates of Residency, Plaintiff persists in attempting to obtain an unjustified tuition subsidy from Defendant. THEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's Complaint. SAIDIS, FLOWER & LINDSAY Ja es D. Flower, J ., Esquire orney ID No. 27742 6 W. High Street Carlisle, PA 17013 Attorney for Defendant (717) 243-6222 SAIDIS, F7AWER Sz LINDSAY 26 West High Street Carlisle, PA HARRISBURG AREA COMMUNITY COLLEGE, Plaintiff v. CARLISLE AREA SCHOOL DISTRICT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNYSLVANIA CIVIL ACTION -LAW NO. 2010-201 CIVIL TERM VERIFICATION I verify that the statements made in the foregoing document are true and correct. SAIDIS, FIAWER Sz LIlVDSAY nnow~vs~,~:uw 26 West High Street Carlisle, PA I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Date: c~, MARY Y D HAM Superintendent of CASD HARRISBURG AREA COMMUNITY COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNYSLVANIA CIVIL ACTION -LAW v. CARLISLE AREA SCHOOL DISTRICT Defendant NO. 2010-201 CIVIL TERM NOTICE TO PLEAD NEW MATTER TO: Harrisburg Area Community College c/o George C. Werner, Esquire 126 East King Street Lancaster, PA 17602-2893 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. SAIDIS, FLOWER & LINDSAY ~~ J mes D. Flower, Jr., Esquire ttorney ID No. 27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant SAIDIS, FIAWER S~ LINDSAY 2G West High Street Carlisle, PA J- '~ airv co ~J ~.~ .~( U Vii'' ' ~ ~ m l '., ~ o of hT. C S ~ W ~J 9,p '.,.u, p. P '4~S B U;16 HARRISBURG AREA COMMUNITY COLLEGE 3300 CAMERON STREET ROAD, HARRISBURG, PENNSYLVANIA 17110 717-236.9533 May 16, 1977 Carlisle Area School District 623 West Penn Street Carlisle, Pennsylvania 17013 Attention: Mr. Angle Dear Mr. Angle: Enclosed please find a supply of the recently agreed upon Certificate of Residency for attendance at the Harrisburg Area Community College from any of the College's twenty-two sponsoring school districts. ~1 If your school district is currently requiring a Certificate of Residency t~ for attendance at HACC, please begin to use the new certificates immediately. If your school district does not now use a Certificate of Residency for ,~ attendance at.HACC, please begin to issue certificates to students who wish to attend the second summer session which begins July 5. o~ If your school district chooses not to use the Certificate of Residency, your district must notify the College in writing of its decision so that we can properly ird'orm students from your district of this fact. Below is a reprint of the resolution approved by the Delegates at the meeting of April '6, 1977: 1. Certificate of Residence, where required, will be valid only during the fiscal year (July 1-June 30) in which it is issued. 2. That all districts use a standard Community College Certificate of Residency. 3. Residency Requirements governing the issuance of a Certificate of Residency shall be established by the granting district. 4. PJo district will be assessed for its one-third share unless a Certificate of Residency is on file with the Community College at the time of billing. Establishment of Residency If a person did not reside in a sponsoring district as of J 1y 1 of that year, he/she is not eligible for tuition re'mbursement until the next fiscal year. EXHIBIT ~ / Mr. Angle May 16, 1977 Page 2 Reciprocity A student who applies for admission to Harrisburg-Area Community College at a sponsoring district office will be requested to give his/her address as of July 1 of tYiat fiscal'year. If the address differs from his her-current address, the student will be referred to the sponsoring district as of his/her< address on July 1. The district where a person has been placed on the tax rolls for the fiscal year will be responsible for the one-third payment. If you have any questions concerning the implementation of this Certificate or if you need a new supply of forms, please call me at 717 - 236-9533, ext. 222. Sincerely, 8 ~ l~1- VYt~.~ Dale H. Miller - Dean of Administration k cc: Mr. Harold North ~~~~ ~~II Ontine Registration Register and change classes on the Web. Click on the HACCWeb link found on our Home page and enter secure area. HACC Web is a secure way to see information that is kept in the College's computer system about you. The system will let you view and/or print information pertaining to yourpersonal records, registration, finan- cial aid, and other $tudent information. You have access to your information through HACC Web by simply logging on to the Internet anywhere it is available to you. Ifyou do not own a computer, computers are available for your use at the library and at the open computer labs at any HACC location. Most public libraries also have computers available for public use. ACCREDRATION Harrisburb Area Community College is accredited by the Commission on Higher Education of the Middle States Association of Colleges and Schools. ADDRIONAL FEE INFORMATION • Application Fee: $3s (required when you submit application, non-refundable) • Independent Study Fee: $50 (in addition to tuition) • Private Music Lessons Fee: $225 (in addition to tuition) • Additional fees maybe charged for certain courses. These fees are listed with the courses in the schedule. NOTE: Tuition & Fees are subject to change at the discretion of the College. RETURNED CHECK POLICY You will be charged a $20 fee for all checks returned uncollechble from your bank for ary reason. All returned checkpayments mustbe made in cash, by money order, or by certified check. After the third check, all future payments must be in cash, by money order, or by certified check. RESIDENCY REGIUIREMENTS AND TUITION SPONSORSHIP Students are considered Pennsylvania residents if then have lived in the state for more than one veer. ~ n~'~ The student's address as of July 1 determines the district responsible for residency. A Certificate of Residence is valid from July 1 to June 30, one fiscal year, therefore, a new Certificate must be obtained yearly. HACC does not determine a students residency within a school district. Any questions regarding your residency should be directed to the school district contact at the number provided. Camp Hill School District v. Wendy Fraker / (717) 901-2402 -~• CarlisleArea School District Mrs. Lee Bethel / (717) 240-6800, ext. 1681 s • Central Dauphin School District h ttps: //webmail. cdschools. ore%ora 4 • Cumberland Valley School District Mrs. Connie Shaffer / (717) s06-3300 • DerryTownship School District Mrs. Kelly Renaud or Ms.Iris Iozzia 1(717) s342501 • East Pennsboro Area School District Ms. Betty Erdman / (717) 732-3601, ext. 312 • Greenwood School District Mis. Lori Bryner / (717) s89-3117, ext.1301 • HalifsArea School District Mrs. Tammy Martz / (717) 896-3974 • Harrisburg School District Pupil Services / (717) 703-4008 •LowexDauphin School District Mrs. Bobby Hoover / (717) 566-5311 • Mechanicsburg Area School District Mrs. Ashley Warrynski / (717) 691517 • Middletown Area School District (717} 948-3300 • Millvsburg Area School District Mrs. Melissa Long ! (717) 692-2108, ext 314 .Mrs. Cathy Artz / (717) 692-2108, ext. 311 • Newport School District Mrs. Kirrrberly Savercool / (717) 567-2507 • South Middleton School District . Ms. Kathy Ryan / (717) 258-6484, ext. 2303 • Sbedbn-Highspire School District Mrs. Maria Crawford / (717) 704-3804 • Susquehanna Township School District Ms. Tammy Fritz / (717) 657-5100, ext. 110 • Susgnenita School District °Mrs. Cheryl Maciorkaski or Mrs. G~+ridi Jones, (717) 957-6000, option 5 • UpperDauphinArea School District Mr. Vaughn Shope / (717) 362-8134, ext. 547 • West Perry School District Mrs: Heather McNaughton / (717) 789-3934, ext. 5600 • West Shore School District Mrs. DebYarnot / (717) 938-9s77, ext. 269 • Williams Valley School District District Office, / (717) 647-2167 Student Rights under FERPA The Famiy Educational Rights and Privacy Act mandates colleges to safeguard the confidentiality of student lecords. With certain limited exceptions as outlined in FERPA, HACC will not release non-directory information to anyone outside the college withoutthe students written consent. FERPA also ensures that students are permitted to view their educational records and to request amendment of their records. Far more detailed information on FERPA please contact the Records Office. EXHIBIT Certificate of Residency Requests ti~ HACC ~~tltf al P~2t1tlS~llVr~tila~S Cflt11t11LlI~Itjt ~t?~~~t~~ RESIDENCY REQUIREMENTS FOR HACC Residency Requirements For HACC/Paid Tuition: Page 1 of 1 There is no waiting period to qualify for District tuition benefits for persons moving here from another sponsoring district in Perry, Dauphin, and Cumberland Counties, provided they have met that district's residenLy requirements. Each sponsoring district will be responsible for subsidizing eligible persons residing in that district on July 1. A person moving from one sponsoring district to another after July 1 will remain the responsibility of the original district for that fiscal year (July 1 to June 30). Persons who move into the Central Dauphin School District from anon-sponsoring district-must reside here for a period of six (6) months prior to enrollment at HACC and must be a U.S. citizen to qualify for residency tuition rate. A certificate of residency will be valid only during the fiscal year (July 1 to June 30) in which they are issued. There will be no retroactive certification after the dose of any semester: Persons liable for and delinquent in payment of per capita or occupation taxes shall.. not be eligible for a certificate of residency. To be eligible, a person's high school class must be graduated or the person granted early admission in accordance with the District's early admission policy. Early Admission: The District will assume responsibility for one-third of the tuition beginning with the fall semester immediately following completion of the pupil's junior year of high school for any pupil who meets the residency requirements and has been granted early admission to Harrisburg Area Community College as a full-time student under provisions of Chapter 7, Section 145, Regulations of the State Board of Education. ~ I verify that I have read the above requirements and believe I qualify for this application. Fill Out Application EXHIBIT https://webmail.cdschoois.org/CoraResidents/Default.aspx? 5422N av=~ &NodeID=153 I 1 /2/2009 ' ~Ea Scho Q. o, ~~ tq N J ~~ c.A,so`° 623 W. Penn Street Carlisle, Pennsylvania 17013 Telephone: 717-240-6800 Mari Kai Dicrham, Superintendent Wendy Dung Harrisburg Area Community College One HACC Drive Harrisburg, PA 17110-2999 April Y. Good 636 Campbell Dr. NewporE, PA 17074-9603 Apri129, 2009 Dear Wendy, ~~~~ Please accept this notice of Revocation of the Certificate of Residency issued to April Good on July 1, 2008. Confirmation of the tax rolls of the Carlisle Area School District as of July 1, 2008 does not list Ms. Good as a current tax payer of this district. Their records do not indicate she was ever on the tax rolls for CASD. Until she can prove otherwise, her Certificate of Residence has been revoked. If you have any questions, please feel free to call me at (717) 240-6800 extension 16054. Sincerely, ~` f1'%. ~l~5..c l~~ Kathy M. Fissel Business Manager CC: File CARLISLE AREA SCHOOL DISTRICT EXHIBIT ,~"ea Scho~ ~" ~ o ~~ - ~_ ~ N "~ V ~~ C.q ~S.O CARLISLE AREA SCHOOL DISTRICT 623 W. Penn Street Carlisle, Pennsylvania 17013 Telephone: 717-240-6800 Mary Kay Durham, Sicperinterident Wendy Kung Harrisburg Area Community College One HACC Drive Harrisburg, PA 17110-2999 Kristin T. Johnson 909 Louisa Lane Mechanicsburg, PA. 17050-7285 April 29, 2009 Dear Wendy, Please accept this notice of Revocation of the Certificate of Residency issued to Kristin T. Johnson on Dec. 10, 2008. Confirmation of the tax rolls of the Carlisle Area School District as of July 1, 2008 does not list Ms. Johnson as a current tax payer of this district. Their records do not indicate she was ever on the tax rolls for CASD. Until she can prove otherwise, her Certificate of Residence has been revolted. If you have any questions, please feel free to call me at (717) 240-6800 extension 16054. Sincerely, Kathy M. Fissel Business Manager CC: File lea Scho P of ~~' ~ 4 ~ N ~. y~ ~-~~ t~ '1.~ CARLISLE AREA SCHOOL DISTRICT 623 W. Penn Street Carlisle, Pennsylvania 17013 Telephone; 717-240-6800 Mary Kay Durham, Superintendent Wendy Kung Harrisburg Area Conununity College One HACC Drive Harrisburg, PA 17110-2999 Marsha P. Herndon 220 St. Johns Drive Camp Hill, PA 17011-1933 April 29, 2009 Dear Wendy, ~~ `~~ ~) Please accept this notice of Revocation of the Certificate of Residency issued to Marsha Herndon on July 17, 2008. Confirmation of the tax rolls of the Carlisle Area School District as of July 1, 2008 does not list Ms. Herndon as a current tax payer of this district. Their records do not indicate she was ever on the tax rolls for CASD. Until she can prove otherwise, her Certificate of Residence has been revoked. If you have any questions, please feel free to call me at (717) 240-6800 extension 16054. Sincerely, Kathy M. Fissel Business Manager CC: File BARLEY SNYDER LLC George C. Werner, Esquire Court ID No. 28757 126 East King Street Lancaster, PA 17602-2893 717-299-5201 ,,f r FELrC ~ '~ ; ,PY .r it i ~ ~~ rlli i ~r T~^ i' .... <., 2Ql0 FEB 2'~ ~i` I l ~ ~ 1 ~ ~ ' " `~`~ ' ~ ~~ ~ ~ Attorneys for Plaintiff HARRISBURG AREA COMMUNITY COLLEGE, Plaintiff, v. CARLISLE AREA SCHOOL DISTRICT, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action -Law No. 10 - 201 Civil Term HARRISBURG AREA COMMUNITY COLLEGE'S REPLY TO NEW MATTER 29. Paragraphs 1 through 28 of the Complaint of Harrisburg Area Community College ("HACC") are incorporated herein by reference. 30. Admitted that Exhibit 1 to Defendant's Answer is a letter from HACC to the Carlisle Area School District ("CASD"). Denied as a conclusion of law that the letter establishes any rights or obligations of either HACC or CASD. Rather, the rights and obligations of the parties are as set forth in the Resolution of Apri16, 1977, adopted by the Delegates ("Resolution"), which is the best evidence of the rights and obligations of the parties. Generally, under the Resolution, a student's address as of July 1 determines the student's sponsoring school district. The residency requirements for issuance of a Certificate of Residency are established by the particular school district and not by HACC. A Certificate of Residency is valid for the entire fiscal year for which it is issued. Finally, HACC agreed not to invoice a school district for its one-third share unless a Certificate of Residency was on file with HACC at the time HACC invoiced the school district. 2827846.1 31. Denied. HACC believes that what CASD has referenced in Paragraph 31 of its New Matter is Exhibit 3 attached to CASD's Answer and New Matter and not Exhibit 2. Denied that Exhibit 3 is an image from HACC's website. The document identified as Exhibit 3 is actually from the Central Dauphin School District website, under an agreement with HACC, permitting Central Dauphin School District to utilize HACC's banner. Denied that any agreement or arrangements between HACC and Central Dauphin School District have any relevance to the rights and obligations between HACC and CASD. By way of further answer, denied as a conclusion of law that any website posting establishes any rights or obligations as between HACC and CASD. The parties' rights and obligations are as established under the Resolution identified in Paragraph 30 of this Reply. 32. Denied. HACC believes that what CASD has referenced in Paragraph 32 of its New Matter is Exhibit 2 and not Exhibit 3. Exhibit 2 appears to be a page from HACC's Course Selection Guide for 2008. Denied as a conclusion of law that the Course Selection Guide establishes any rights or obligations of the parties. Rather, the parties' rights and obligations are as set forth in the Resolution identified in Paragraph 30 of this Reply. Byway of further answer, the document attached as Exhibit 2 is a writing which speaks for itself. HACC denies any attempted interpretation or characterization of the writing offered by CASD. 33. Denied. Consistent with the Resolution, HACC did not invoice CASD unless it had on file for the student a Certificate of Residency issued by CASD. Under no circumstances was CASD assessed its one-third share "retroactively." Consistent with the Resolution, a student's residency was determined as of July 1 of the fiscal year. Once CASD issued a Certificate of Residency for a student as of July 1 of a fiscal year, CASD was invoiced for its share of the student's tuition during the entire fiscal year. All Certificates of Residency were 2827846.1 issued by CASD. If CASD determined that it had improperly issued a Certificate of Residency, CASD was still obligated to pay the tuition to HACC. CASD could then determine whether it had some recourse with respect to the student. 34. Paragraph 30 of this Reply is incorporated herein. The rights and obligations of the parties are as set forth in the Resolution, not in correspondence between the parties. A student's residency was determined as of July 1 of the fiscal year. The decision to issue the Certificate of Residency was that of the sponsoring school district, in this case CASD. 35. Denied as a conclusion of law to which no responsive pleading is required. The Resolution, which establishes the rights and obligations of HACC and CASD, neither expressly nor impliedly requires HACC to identify to CASD the addresses provided by the student to HACC. In fact, there are several reasons why a student may give an address to HACC different than the student's residence address as of July 1. For purposes of determining the sponsoring school district, the critical address is the student's address as of July 1 of the fiscal year. It is the school district's obligation, in this case, CASD's obligation, to determine whether or not to issue a Certificate of Residency based upon a student's address as of July 1 of a given fiscal year. 36. After reasonable investigation, HACC is without knowledge or information sufficient to form a belief as to the truth of the averment that students may have given false information to CASD in obtaining Certificates of Residency. However, it was CASD's obligation to perform due diligence to determinate whether or not a Certificate of Residency should be issued to a student, based upon the student's address as of July 1 of the fiscal year. In all instances relevant to this matter, the student requested a Certificate of Residency from CASD, CASD conducted whatever due diligence it deemed appropriate, and CASD issued a Certificate of Residency. HACC had no obligations to CASD with respect to these Certificates of 2827846.1 Residency. Furthermore, to the extent that CASD had not raised in the past any of the issues raised in this matter, CASD waived the right to assert the objections to the invoices at issue here. 37. After reasonable investigation, HACC is without knowledge or information sufficient to form a belief as to the truth of the averment that students may have given false information to CASD. To the extent CASD issued Certificates of Residency when it now asserts it should not have, the fault lies with CASD. Since each of the students identified in Paragraph 37 of CASD's New Matter presented HACC with Certificates of Residency issued by CASD, HACC properly invoiced CASD for CASD's share of the tuition. If CASD has now determined it should not have issued Certificates of Residency, CASD's remedy maybe to pursue claims against the students, not attempt to avoid its obligation to pay HACC. 38. [Incorrectly numbered in Defendant's New Matter as Paragraph 36.] Denied. Consistent with the Resolution, once CASD issued a Certificate of Residency, CASD was responsible for its share of the student's tuition for the entire fiscal year. If CASD determined that it had incorrectly issued a Certificate of Residency, CASD's remedy maybe to pursue a claim against the student, and not refuse to honor its obligation to pay HACC. Under the Resolution, neither CASD nor any school district has the authority to "revoke" a Certificate of Residency once issued. Furthermore, with respect to at least one of the students identified in the series of letters attached as Exhibit 4 to CASD's Answer and New Matter, CASD subsequently revoked its revocation. WHEREFORE, Harrisburg Area Community College respectfully requests that judgment be entered in its favor and against Carlisle Area School District in the amount of $226,545.50, together with interest and costs as allowed bylaw. 2827846.1 Dated BARLEY ~" ~~ By: ER LLC -Z~ (3~eorge C. Weer, Esquire Court ID No. 28757 Attorneys for Plaintiff Harrisburg Area Community College 126 East King Street Lancaster, PA 17602-2893 717-299-5201 282'7846.1 VERIFICATION I, George A. Franklin, Jr., verify that I am the Vice President of Finance and College Resources of Harrisburg Area Community College; that as such I am authorized to execute this Verification on its behalf; and that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments in the foregoing document are based upon an understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Dated: ~Z~ZZ-~ 2 D~a By: Geo e A. r lin, Jr. 2827846.1 CERTIFICATE OF SERVICE I HEREBY CE TIFY t true and correct copy of the foregoing document has been served this ~ ay of i~>'~~~'~ , 2010, by first class mail, postage prepaid, upon: James D. Flower, Jr., Esquire Saidis Flower & Lindsay 26 West High Street Carlisle, PA 17013 BARLEY,~NYDER LLC By: eorge C. W~ler, Esquire ourt LD. 28575 Attorneys for Plaintiff Harrisburg Area Community College 126 East King Street Lancaster, PA 17602-2893 717-299-5201 2827846.1 OF co David D. Buell s Renee X Simpson • 1Prothonotary a ° `! �, *_ : , Z 1St Deputy Prothonotary .`o\� ;iJi 7(irkS. Sohonage, ESQ •_ ra�f Irene E. Morrow Solicitor 1750 2�d Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania /0 —6201 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF • INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Ta. ,(717)240-6573