HomeMy WebLinkAbout11-4839IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SOUTH MIDDLETON SCHOOL DISTRICT, No.: I j , q m
Plaintiff
V.
CHILDTIME, INC.,
Defendant
NOTICE TO DEFEND
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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 AN ATTORNEY AND
FILLING 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 PEOPERTY 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 THE TELEPHONE OR THE
OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
d- C, tly
l?- a X00 313
AVISO
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 despues de esta
queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en
escribir con la corte sus ddefensas u objeciones a las demandas dispuestas contra usted el
abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y
un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier
dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por el
demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a
usted.
USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI
USTED NO HACE QUE 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 NINGUN HONORARIO.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
2
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SOUTH MIDDLETON SCHOOL DISTRICT, No.: c i,-I,^ I
Plaintiff
V.
CHILDTIME, INC.,
Defendant
COMPLAINT
AND NOW, comes the Plaintiff, South Middleton School District, by and through its
attorneys, the law firm of Stock and Leader, to set forth the within cause of action against the
Defendant, ChildTime, Inc., based upon the following averments:
1. South Middleton School District (hereinafter "District") is a public school district
existing under the public school laws of the Commonwealth of Pennsylvania, having its office
and mailing address at 4 Forge Road, Boiling Springs, Pennsylvania 17007.
2. ChildTime, Inc. (hereinafter "ChildTime") is a Pennsylvania business corporation
existing for the purposes of operating a school-age child care business, having its office and
mailing address at 50 Alexander Spring Road, Carlisle, Pennsylvania 17013.
3. The District and ChildTime entered into two successive license agreements
("License Agreements") whereby ChildTime provided school-age child care services upon
3
District premises. The total term of the License Agreements ran from June 5, 2009 through June
3, 2010.
4. On or about June 1, 2009, the District and ChildTime entered into a license
agreement whereby ChildTime promised and agreed to pay the District the aggregate of a base
fee of One Thousand Eight Hundred ($1,800.00) Dollars, as well as an additional fee of Five
($5.00) per hour (or any part thereof) per room for each hour of use in excess of the agreed upon
Hours of Operation, for the ability to provide child-care services within the premises of the
District's W.G. Rice Elementary School during the term June 5, 2009 through August 25, 2009.
ChildTime agreed to pay the base fee to the District in three (3) installments of Six Hundred
($600.00) Dollars each on or before the 14th day of each calendar month of said term. ChildTime
further agreed to pay to the District a late payment penalty of 1% per day that payment was not
received as required. Attached hereto and marked as Exhibit A is a copy of said License
Agreement.
5. On or about September 8, 2009, the District and ChildTime entered into a license
agreement whereby ChildTime promised and agreed to pay the District the aggregate of a base
fee of Three Hundred Fifty ($350.00) Dollar per month, as well as an additional fee of Five
($5.00) per hour (or any part thereof) per room for each hour of use in excess of the agreed upon
Hours of Operation, for the ability to provide child-care services within the premises of the
District's W.G. Rice Elementary School during the term August 25, 2009 through June 3, 2010.
ChildTime agreed to pay the base fee to the District on or before the 14th day of each calendar
month of said term. ChildTime further agreed to pay to the District a late payment penalty of I%
per day that payment was not received as required. Attached hereto and marked as Exhibit B is a
copy of said License Agreement.
4
¦ Y
6. The Board of School Directors of the District properly approved both License
Agreements at publicly advertised meetings.
7. ChildTime failed to pay any and all of the monthly fees due between July of 2009
and May of 2010.
8. The District fulfilled all of its contractual responsibilities under the License
Agreements.
9. An invoice reflecting both the delinquent monthly past due amounts and the
applicable late fees was sent to ChildTime on or about June 8, 2010. Attached hereto and
marked as Exhibit C is a copy of a November 30, 2010 Invoice showing delinquent monthly past
due amounts and the applicable late fees due to the District under said License Agreements in the
amount of $20,269.50.
10. On or about June 16, 2010, the undersigned counsel issued a demand letter to the
attention of ChildTime, allowing for the then-balance due of Fifteen Thousand ($15,000.00)
Dollars to be reduced to and satisfied by a payment of Seven Thousand Five Hundred
($7,500.00) Dollars. To date, ChildTime has provided no response thereto. Attached hereto and
marked as Exhibit D is a copy of said demand letter.
11. By reason of its actions, ChildTime has breached the aforesaid License
Agreement with the District.
12. The District has suffered damages as a result of ChildTime's breach, including,
but not limited to, the loss of monthly payments, late fees and related expenses.
5
13. The amount at issue does not exceed $50,000.00 and therefore the within claim is
subject to compulsory arbitration.
WHEREFORE, as a result of ChildTime, Inc.'s failure to provide for the timely and
complete payment of the monthly amounts due under the governing License Agreements, South
Middleton School District is now compelled to request that this Honorable Court issue an Order
for Judgment in the amount of Twenty Thousand ($20,000.00) Dollars, exclusive of interests and
costs.
Date
Respectfully submitted,
STOCK AND LEADER
By: fltw a J
Phi ip H. Spare, Esquire
Supreme Court I.D. #65200
Gareth D. Pahowka, Esquire
Supreme Court I.D. #309184
Susquehanna Commerce Center East
221 West Philadelphia Street, Suite 600
York, PA 17401-2994
Telephone: (717) 846-9800
6
VERIFICATION
I hereby affirm that the following facts are correct: I am an authorized agent of South
Middleton School District in the foregoing action. The attached Complaint is based upon
information which has been furnished to counsel and information which has been gathered by
counsel in the preparation of this document. The language of the Complaint is that of counsel
and not mine. I have read the Complaint and to the extent that the same is based upon
information which I have given to counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the Complaint is that of counsel, I have
relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact
set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities.
SOUTH MIDDLETON SCHOOL DISTRICT
cl-21il
Date
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Title: CW t- '`
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EXHIBIT A
r
THIS AGREEMENT made this 101 day of June 2009, by and between:
SOUTH MIDDLETON SCHOOL DISTRICT, a public school district existing
under the public school laws of the Commonwealth of Pennsylvania, having
its office and mailing address for all notices and communications hereunder
of 4 Forge Road, Boiling Springs, PA 17007, party of the first part,
hereinafter called "District",
AND
CHILDTIME, INC., a Pennsylvania business corporation, having its office
and mailing address for all notices and communications hereunder of 50
Alexander Spring Road, Carlisle, PA 17013, party of the second part,
hereinafter called "ChildTime":
WITNESSETH:
WHEREAS, ChildTime is the operator of a school-age child care business and
desires to provide Its services within the geographical area of the South Middleton School
District; and
WHEREAS, ChildTime has requested use of certain portions of District's W. G. Rice
Elementary School premises during the 2009 summer recess; and
WHEREAS, District recognizes the community's need for the services to be
provided by ChildTime and approves ChildTime's stated philosophy, policy and proposed
program as set forth In Exhibit A, and believes such service to be compatible with the
District's educational mission and In the public interest; and
WHEREAS, the parties have negotiated certain terms which they desire by these
presents to document and memorialize;
NOW, THEREFORE, in consideration of these presents and the mutual terms,
promises and conditions set forth herein and intending to be legally bound hereby, the
parties mutually agree as follows:
1. The foregoing preamble and paragraphs are incorporated herein by reference
thereto..
2. This Agreement is a license agreement In which the District is the licensor
and ChildTime is the licensee. This Agreement is not a lease and does not create the
relationship of lessor (landlord) and lessee (tenant) between the parties hereto.
3. In consideration of the fees to be paid in accordance with the provisions of
Paragraph 7 hereinbelow for the term set forth in Paragraph 5 hereinbelow at the times as
provided in Paragraph 6 hereinbelow.
4. The Premises hereby licensed for use consists of the following facility:
A. Multi-purpose room at W. G. Rice Elementary School Building.
B. Playground at W. G. Rice Elementary School.
C. Gymnasium at W. G. Rice Elementary School.
5. The term of this license shall commence on June 5, 2009, and and on August
25, 2009, said term consisting of three (3) consecutive monthly segments commencing as
of the 4th day of each calendar month.
6. The license fee to be paid by ChildTime to District shall be the aggregate of
(a) a base fee of One Thousand Eight Hundred ($1,800.00) Dollars and (b) an additional
fee of Five ($5.00) per hour (or any part thereof) per room of the Premises for each hour
of use in excess of the Hours of Operation as stated in Paragraph 7 below. The base fee
shall be paid to District on in three (3) installments of $600.00 each on or before the 14th
day of each calendar month of said term in advance of the use of the Premises. If
payment Is not received by the date Indicated, then ChildTime shall pay to District a late
payment penalty of 1 % per day that payment is not received as required. The additional
fee shall be paid to District on or before the tenth calendar day after the expiration of the
preceding monthly segment of said term.
7. ChildTime promises and agrees to provide a school-age child care program
at the Premises on each weekday (Monday through Friday) during the term hereof except
on the Independence Day (July 4th) holiday In accordance with Its representations and
proposed program contained In its written presentation (as modified by any additions or
deletions appearing therein) as set forth in "Exhibit A", in one (1) daily session between the
a
hours of 6:30 a.m. and 5:30 p.m. Additional hours may be arranged only with the prior
written consent of and agreement with District.
8. ChildTime shall be responsible for all damages to the Premises caused
during its use thereof, and shall return the Premises to District at the and of every daily
session In a good state of repair reasonable wear and tear only being excepted. ChildTime
shall not disturb any of the District's instructional materials nor consume any of its school
supplies.
9. ChildTime shall obtain and maintain at its sole cost and expense and at all
times during the license term public liability Insurance covering all risks arising from its
operations in the amount of not less than One Million ($1,000,000.00) Dollars as supplied
by a reputable insurance company licensed to do business in the Commonwealth of
Pennsylvania, In which Insurance District shall be designated as an additional insured, and
the insurer shall provide counterparts of all such policies to District.
10. ChildTlme's written presentation ("Exhibit A") shall be the standard of its
performance hereunder except as modified by this Agreement. The terms and provisions
of this Agreement shall be deemed to control over any Inconsistent terms In "Exhibit A".
11. ChildTime shall conduct its operations in accordance with all applicable laws
of any governmental agency having jurisdiction and in accordance with the rules and
policies of District's Board of School Directors as now existing or hereafter promulgated.
12. ChildTime represents that it is duly approved and licensed by Pennsylvania
Department of Welfare to perform child care services hereunder. Continued approval and
licensing by said Department shall be a condition of the license hereunder.
13. ChildTime shall indemnify District and defend and hold District harmless of
and from any and all claims, actions, complaints, suits, judgments, decrees and anyother
liability (including District's expenses of Investigation and defense, including reasonable
attorneys' fees) arising from its exercise of the license hereby granted and performance
hereunder.
14. District shall have the right to revoke the licenses hereby granted upon the
occurrence of any of the following:
(a) ChIldTlme's failure to perform any of the terms hereof.
(b) ChildTime's violation of any of the terms hereof.
3
(c) ChildTlme ceasing to be approved and licensed to provide child care
services.
(d) A determination that this Agreement Is unlawful. Except for
ChIldTlme's failure to pay the license fee, failure to obtain or maintain
liability Insurance, failure to remain approved and licensed by the
Pennsylvania Department of Welfare, or a determination that this
Agreement is unlawful (in which events said license may be revoked
v
without prior notice), District agrees to give ChildTlme written notice
of Its Intention to revoke said license not less than five (5) calendar
days prior to the proposed date of revocation, said notice to state the
reason therefor and the date of proposed revocation. Said notice
shall be sufficient If mailed at Boiling Springs, PA to ChildTlme by
certifled mail or by personal service upon any of ChildTime's
Administrator or Directors on the Premises. ChildTlme shall have the
right to cure the problem giving rise to the proposed revocation within
said "ay period by providing District with such assurances as it may
require that the problem has been solved and that it will not reoccur.
Such right to cure shall not extend to or be available for any
subsequent occurrence of the reason for the first notice.
15. It is understood and agreed that ChildTime's operations hereunder are
independent of and not a part of District' mission or program, and that District shall not be
responsible for any matter arising between ChildTlme and Its clientele. ChlldTime Is a sole
proprietor vis-a-vis its clientele, vendors and all other third persons, and District is not an
agent, employee or other representative of ChlldTime.
16. There is no right of automatic renewal of this license. It shall expire and
terminate as of August 25, 2009.
17. The license hereby granted and this agreement shall not be assigned or
transferred by ChildTlme without District's prior express written consent and approval of
the proposed assignee or transferee. Any attempted assignment or transfer of said license
in violation of the foregoing shall be void and without effect, and the license shall be
deemed to be revoked.
4
18. This Agreement shall be construed and enforced under the laws of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
by their authorized officers as of the day and year first written above.
SOUTH MIDDLETON SCHOOL DISTRICT
BY
President, Board of School Directors
ATTEST:
Secretary
(Official Seal)
CHILDTIME, INC.
BY
President
ATTEST:
Secretary
(Corporate Seal)
5
Attachment A
PROPOSAL
1. Schoolage Program - Before and After School
A. ChildTime will provide care before school from 6:30 a.m. to school opening for
children In Grades 1-5.
1. Breakfast will be served to those who bring it.
2. Before school playtime is supervised but not structured.
3. Children are escorted to bus or transportation vehicle,
4. If facility other than school Is used, children are transported to school.
B. ChildTime will provide care after school from closing of school to 5:30 p.m.
1. Snack Is provided when children arrive from school.
2. Structured activities such as crafts, organized sports or games are offered.
3. Supervised play is offered - outside play; basketball in gym; other types of
ball playing and active play In gym; quiet play in other areas; games and
toys available.
4. If possible, a TV room Is available for watching approved children's
programs or videos; or listening to music.
5. An area designated for homework is available.
6. The after school program Is very relaxed and Informal. Children choose
the activities they want to do.
7. Additional activities can be available such as:
a. Intergenerationai visits to local nursing homes.
b. Participation in gymnastics classes.
c. Swimming lessons,
d, Field trips.
C. Staff for before and after school program -
1. Teacher/Director; Assistant Teacher; Aides as needed to maintain a ratio
of 1:12.
2. Staff Is observed and evaluated by ChildTime Administrator.
3. Staff training is on-going.
4. A staff member is present in any room or outside playground where
children are present.
5. TeacherlDirector Is in charge of.
a. Keeping attendance records.
b. Emergency records.
c. Sign In and sign out sheets.
d. All other records, Information and communications needed by
ChildTime.
6
6. Teacher/Director Is responsible for:
a. Program at specific location.
b. Care of equipment.
c. Care and ordering of supplies.
d. Purchasing food.
e. Directing other staff members
f. Collecting and handling payments.
D. Holidays and Snow Days -
1. Full day care is available on school holidays when the building is open.
2. Full day care Is available on snow days on a limited basis. ChildTime will
contact parents to make arrangements for children when schools are
closed for snow.
11. Schoolage Summer Program
A. ChildTime will provide care for children in grades 1-6, as space Is available, from
6:30 a.m. to 5.30 p.m.
1. Breakfast is served to those who bring it.
a. Breakfast food and lunch foods are provided by parents,
b. Milk, juice and two snacks (morning and afternoon) are provided by
ChildTime.
2. Activities include:
a. Crafts
b. Music
c. Art
d. Organized games
e. Supervised free play
f. Swimming
g. Gymnastics
h. Special reading activities
1. Regular library visits.
j. Field trips to local places of interest.
k. Picnics
1. Roller skating, bowling, etc.
3. Daily activities are planned by Teacher/Directorto include above activities.
a. Trips are planned at Intervals, with days in between spent at the
Program Site ("homebase").
(1) Children may engage in ongoing crafts, games or creative
ventures on days spent at "homebase".
B. Staff for Summer Program (See Section C above):
1. Adequate number of staff and volunteers accompany children on field trips.
7
EXHIBIT B
LICENSE AGREEMENT
THIS AGREEMENT made this 8th day of September 2009, by and between:
SOUTH MIDDLETON SCHOOL DISTRICT, a public school district existing
under the public school laws of the Commonwealth of Pennsylvania, having its
office and mailing address for all notices and communications hereunder of 4
Forge Road, Boiling Springs, PA 17007, party of the first part, hereinafter called
"District."
AND
CHILDTIME, Inc., A Pennsylvania business corporation, having its office and
mailing address for all notices and communications hereunder of SO Alexander
Spring Road, Carlisle, PA 17013, party of the second part, hereinafter called
"ChildTime":
WITNESSETH:
WHEREAS, ChildTime is the operator of a school-age child care business and desires to
provide its services within the geographical area of the South Middleton District; and
WHEREAS, ChildTime has requested use of certain portions of District's W.G. Rice Elementary
School premises during the 2009-2010 school term; and
WHEREAS, in order to induce positive action on said request, ChildTime has provided certain
representations and statements as contained in a written presentation, a copy of which is attached
thereto marked "Exhibit A" and incorporated herein by reference thereto; and
WHEREAS, District recognizes the community's need for the services to be provided by
ChildTime and approves ChildTime's stated philosophy, policy and proposed program as set
forth in Exhibit A, and believes such service to be compatible with the District's educational
mission and in the public interest; and
WHEREAS, the parties have negotiated certain terms which they desire by these presents to
document and memorialize;
NOW, THEREFORE, in consideration of these presents and the mutual terms, promises and
conditions set forth herein and intending to be legally bound hereby, the parties mutually agree
as follows:
1. The foregoing preamble and paragraphs are incorporated herein by reference thereto.
2. This Agreement is a license agreement in which the District is the licensor and
ChildTime is the licensee. This Agreement is not a lease and does not create the
relationship of lessor (landlord) and lessee (tenant) between the parties hereto.
3. In consideration of the fees to be paid in accordance with the provisions of Paragraph 7
hereinbelow for the term set forth in Paragraph 5 hereinbelow at the times as provided in
Paragraph 6 hereinbelow.
4. The Premises hereby licensed for use consists of the following facility:
Multi-purpose Room at Rice Elementary School Building.
5. The term of this license shall commence on August 25 2009, and end on June 3, 2010,
said term consisting of nine (9) consecutive monthly segments commencing as of the 4`'
day of each calendar month.
6. The license fee to be paid by ChildTime to District shall be the aggregate of (a) a base fee
of Three Hundred Fifty ($350.00) Dollars per monthly segment of the term for the
Premises and (b) an additional fee of Five ($5.00) per hour (or any part thereof) per room
for the Premises for each house of use in excess of the Hours of Operation as stated in
Paragraph 7 below. The base fee shall be paid to District on or before the first day of
each monthly segment of said term in advance of the use of the Premises. If payment is
not received by the date indicated, then ChildTime shall pay to District a late payment
penalty of 1% per day that payment is not received as required. The additional fee shall
be paid to District on or before the tenth calendar day after the expiration of the preceding
monthly segment of said term.
7. ChildTime promises and agrees to provide a school-age child care program at the
Premises on each weekday (Monday through Friday) during the term hereof except on
the holidays of Thanksgiving, Christmas, New Years Day and Memorial Day in
accordance with its representations and proposed program, in two daily sessions between
the hours of 6:45 a.m. and 8:45 a.m., and 3:30 p.m, and 5:45 p.m. Additional hours may
be arranged only with the prior written consent of and agreement with District.
8. ChildTime shall be responsible for all damages to the Premises caused during its use
thereof, and shall return the Premises to District at the end of every daily session in a
good state of repair reasonable wear an tear only being excepted. ChildTime shall not
disturb any of the District's instructional materials nor consume any of its school
supplies.
9. ChildTime shall obtain and maintain at its sole cost and expense and at all times during
the license term public liability insurance covering all risks arising from its operations in
the amount of not less than One Million ($1,000,000.00) Dollars as supplied by a
reputable insurance company licensed to do business in the Commonwealth of
Pennsylvania, in which insurance District shall be designated as an additional insured,
and the insurer shall provide counterparts of all such policies to District.
10. ChildTime's written presentation ("Exhibit A") shall be the standard of its performance
hereunder except as modified by this Agreement. The terms and provisions of this
Agreement shall be deemed to control over any inconsistent terms in "Exhibit A."
11. ChildTime shall conduct its operations in accordance with all applicable laws of any
governmental agency having jurisdiction and in accordance with the iules and policies of
District's Board of School Directors as now existing or hereafter promulgated.
12. ChildTime represents that it is duly approved and licensed by Pennsylvania Department
of Welfare to perform child care services hereunder. Continued approval and licensing
by said Department shall be a condition of the license hereunder.
13. ChildTime shall indemnify District and defend and hold harmless of and from any and all
claims, actions, complaints, suits judgments, decrees and any other liability (including
District's expenses of investigation and defense, including reasonable attorneys' fees)
arising from its exercise of the license hereby granted and performance hereunder.
14. District shall have the right to revoke the license hereby granted upon the occurrence of
any of the following:
a) ChildTime's failure to perform any of the terms thereof
b) ChildTime's violation of any of the terms hereof.
c) ChildTime ceasing to be approved and licensed to provide child care services,
d) A determination that this agreement is unlawful. Except for ChildTime's failure
to pay the license fee, failure to obtain or maintain liability insurance, failure to
remain approved and licensed by the Pennsylvania Department of Public Welfare,
or a determination that this Agreement is unlawful (in which events said license
may be revoked without prior notice), District agrees to give ChildTime written
notice of its intention to revoke said license not less than five (5) calendar days
prior to the proposed date of revocation, said notice to state the reason therefore
and the date of proposed revocation. Said notice shall be sufficient if mailed at
Boiling Springs, PA to ChildTime by certified mail or by personal service upon
any of ChildTime's Administrator or Directors on the Premises. ChildTime shall
have the right to cure the problem giving rise to the proposed revocation within
said 5-day period by providing District with such assurances as it may require that
the problem has been solved and that it will not reoccur. Such right to cure shall
not extend to or be available for any subsequent occurrence of the reason for the
first notice.
15. It is understood and agreed that ChildTime's operations hereunder are independent of
and not a part of District's mission or program, and that District shall not be responsible
for any matter arising between ChildTime and its clientele. ChildTime is a sole
proprietor vis-A-vis its clientele, vendors and all other third persons, and District is not an
agent, employee or other representative of ChildTime.
16. There is no right of automatic renewal of this license. It shall expire and terminate as of
June 3, 2010.
17. The license thereby granted and this agreement shall not be assigned or transferred by
ChildTime without District' prior express written consent and approval of the proposed
assignee or transferee. Any attempted assignment or transfer of said license in violation
of the foregoing shall be void and without effect, and the license shall be deemed to be
revoked.
18. This Agreement shall be construed and enforced under the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties have caused these presents to be executed by their
authorized officers as of the day and year first written above.
SOUTH MIDDLETON SCHOOL DISTRICT
ATTEST:
Secretary
(Official Seal)
BY
ATTEST:
Secretary
BY
President, Board of School Directors
CHILDTIME, INC,
President
(Corporate Seal)
Attachment A
PROPOSAL
1. School age Program - Before and After School
A. ChildTime will provide care before school from 6:30 a.m. to school
opening for children in Grades 1 - 5.
1. Breakfast will be served to those who bring it.
2. Before school playtime is supervised, but not structured
3. Children are escorted to bus or transportation vehicle.
4. If facility other than school is used, children are transported
to school.
B. ChildTime will provide care after school from closing of school to 5:30
p.m.
1. Snack is provided when children arrive from school.
2. Structured activities such as crafts, organized sports or
games are offered.
3. Supervised play is offered -- outside play; basketball in
gym; other types of ball playing and active play in gym;
quiet play in other areas; games and toys available.
4. If possible a TV room is available for watching approved
children's programs or videos; or listening to music.
5. An area designated for homework is available.
6. The after school program is very relaxed and informal.
Children choose the activities they want to do.
7. Additional activities can be available such as
a) Intergenerational visits to local nursing homes.
b) Participation in gymnastics classes.
c) Swimming lessons.
d) Field Trips.
C. Staff for before and after school program --
1. Teacher/Director; Assistant Teacher; Aides as needed to
maintain a ratio of 1:12.
2. Staff is observed and evaluated by ChildTime
Administrator.
3. Staff training is on-going.
4. A staff member is present in any room or outside
playground where children are present.
5. Teacher/Director is in charge of:
a) Keeping attendance records.
b) Emergency records.
c) Sign in and sign out sheets.
d) All other records, information and communications
needed by ChildTime.
Teacher/Director is responsible for:
a) Program at specific location.
b) Care of equipment.
C) Care and ordering of supplies
d) Purchasing food.
e) Directing other staff member.
f) Collecting and handling payments.
D. Holidays and Snow Days -
l. Full day care is available on school holidays when the
building is open.
2. Full day care is available on snow days on a limited basis.
ChildTime will contact parents to make arrangements for
children when schools are closed for snow.
Il. School -Age Summer Program
A. ChildTime will provide care for children in grades 1 - 6, as space is
available, from 6:30 a.m. to 5:30 p.m.
1. Breakfast is served to those who bring it.
a) Breakfast food and lunch foods are provided by
parents.
b) Milk, juice and two snacks (morning and afternoon)
are provided by ChildTime.
Activities include:
a) Crafts
b) Music
c) Art
d) Organized games
e) Supervised free play
f) Swimming
g) Gymnastics
h) Special reading activities
i) Regular library visits
j) Field trips to local places of interest
A.
k) Picnics
1) Roller skating, bowling, etc.
3. Daily activities are planned by Teacher/Director to include
above activities.
a) Trips are planned at intervals, with days in between
spent at
EXHIBIT C
South Middleton School District
4 Forge Road
Boiling Springs, PA 17007
(717) 258-6484
INVOICE
PATE: 11/30/10
TO: ChildTime
c/o Mrs. Louise Hoffheins
50 Alexander Spring Road
Carlisle, PA 17013
AMOUNT
July Rent:
Monthly Rent 600.00
Late Fee $6.00 per day July 16, 2009-Nov. 30, 2010 3,018.00
August Rent:
Monthly Rent 600.00
Late Fee $6.00 per day Aug. 16, 2009-Nov. 30, 2010 2,832.00
September Rent:
Monthly Rent 350.00
Late Fee $3.50 per day Sept. 16, 2009- Nov. 30, 2010 1,543.50
October Rent:
Monthly Rent 350.00
Late Fee $3.50 per day Oct. 16, 2009-Nov. 30 2010 1,436.50
November Rent:
Monthly Rent 350.00
Late Fee $3.50 per day Nov. 16, 2009-Nov. 30, 2010 1,330.00
December Rent:
Monthly Rent 350.00
Late Fee $3.50 per day Dec. 16, 2009-Nov. 30, 2010 1,225.00
January Rent:
Monthly Rent 350,00
Late Fee $3.50 per day Jan. 16, 2010-Nov. 30, 2010 1,116.50
February Rent:
Monthly Rent 350.00
Late Fee $3.50 per day Feb. 16, 2010-Nov. 30, 2010 1,008.00
March Rent:
Monthly Rent 350.00
Late Fee $3.50 per day March 16, 2010-Nov. 30, 2010 910.00
April Rent:
Monthly Rent 350.00
Late Fee $3.50 per day April 16, 2010-Nov. 30, 2010 801.60
May Rent:
Monthly Rent 350.00
Late Fee $3.50 per day May 16, 2010-Nov. 30, 2010 696.50
;20 289.80
Direct any questions regarding this invoice to Mrs. Tina Darchicourt 717-258-8484 ext. 2306
Invoice: 105
F: W OM OTLD11N VOICE-Chddlim e
EXHIBIT D
June 16, 2010
Direct Dial. (717) 849-4140
E-mall. PSpare@wtocka,,odleader.com
Mrs. Louise Hoffheins
Childtime, Inc.
50 Alexander Spring Road
Carlisle, PA 17013
PRIVILEGED AND CONFIDENTIAL and
FOR SETTLEMENT PURPOSES ONLY
Re: License Fee
South Middleton School District
Dear Mrs. Hoflheins:
Please note this firm's representation of South Middleton School District. Under the
License Agreement from September 2009 between Childtime, Inc. and the South Middleton
School District, Childtime was obligated to pay the license fee to the District on a monthly basis
for use of the facilities. It is my understanding that Childtime failed to pay any portion of the
license fee from July 2009 through May 2010. Please let me know if you have any different
understanding of the facts.
The District's records indicate that the total balance now is well in excess of Fifteen
Thousand Dollars ($15,000.00), with late fees continuing to accumulate. I have been authorized
to initiate a lawsuit to collect the amount due, if necessary.
The purpose of this letter is to inform you of the District's willingness to accept a
payment of Seven Thousand Five Hundred Dollars ($7,500.00) in full satisfaction of the amount
due if the $7,500.00 is paid to the District on or before June 30, 2010. Such a payment would
avoid the costs, expenses and time-consuming process of litigation.
Please do not hesitate to contact me if you should have any questions regarding the
District's posifaon or offer of settlement. It is my hope that we can conclude this matter without
resorting to a lawsuit.
IlY
Mrs. Louise Hoffheins
Childtime, Inc.
June 21, 2010
Page Two
Please be guided accordingly.
PHS/wss
cc: Richard Vensel, Business Manager
Sincerely,
STOCK AND LEADER
Philip H. Spare
CADocuments and SetthW\mb\Local Settings\Tamporary Internet Files\OLK8\Hoffhe6 Louise (Childtime) 1tr06-1640.doc
SHERIFF'S OFFICE OF CUMBERLAND COUNTY h_, µz
Ronny R Anderson ?r
nm `-
Sheriff r
Jody S Smith cj
Chief Deputy
Richard W Stewart
Solicitor r")
South Middleton School District
vs.
Childtime, Inc.
Case Number
2011-4839
SHERIFF'S RETURN OF SERVICE
06/10/2011 02:25 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10,
2011 at 1425 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Childtime, Inc., by making known unto Rebecca Hawbaker, Day Care Teacher for
Childtime, Inc. at 50 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $34.00
June 14, 2011
•? 7e'-
TIM CK, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
c)Cnu: ?t^She t lei-soft. Irc.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SOUTH MIDDLETON SCHOOL DISTRICT, : No.: 2011-4839
Plaintiff
v.
CHILDTIME, INC.,
•
•
rn
z. Fri
Defendant cn
r—
<C-.1
>c-)
STATEMENT OF INTENTION TO PROCEED
--{
To the Court:
cr-1
Plaintiff, South Middleton School District, intends to proceed with the above captioned
matter.
Print Name: Philip H. Spare, Esquire Sign Name:
Date:
Attorney for: South Middleton School District
IMPORTANT NOTICE
In the event that this is a second or subsequent filing of a Statement of Intention to
Proceed, this matter will be referred to the President Judge for the purpose of conducting a
status conference involving all counsel. The goal of the status conference will be to set the
matter for trial or other final dispositions within a time certain. Prior to the status
conference, Counsel will be expected to submit to the court, in writing, a proposed schedule
for the completion of discovery, the filing of dispositive motions and a report as to whether
alternative dispute resolution has been used or discussed.
0185502-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SOUTH MIDDLETON SCHOOL DISTRICT, No.: 11-4839
Plaintiff
V.
CHILDTIME, INC.,
Defendant
PRAECIPE FOR JUDGMENT
C
CP HE, PR THONOLI.i,
2014 OCT -3
gj
CUMBERLAND COLgt;
PENNSYLVANIA
Enter Judgment in favor of Plaintiff and against Defendant for failure to answer Plaintiffs
Complaint.
( X ) Assess damages as follows:
Debt $20,269.50
TOTAL $20,269.50
( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to
be due in the complaint and is calculable as a sum certain from the complaint.
( X ) Pursuant to Pa.R.C.P. 237 (Notice of praecipe for final judgment or decree), I certify
that a copy of this praecipe has been mailed to each other party who has appeared in the action or to
his/her Attorney of Record.
0 Pursuant to Pa. R.C.P. 237.1, I certify that written notice of the intention to file this
praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her
Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the
filing of this praecipe and a copy of the notice is attached.
STOCK AND LEADER
Date: By:
0188397 -
Philip . Spare, Esquire
Attorney for Plaintiff
I.D. #65200
Susquehanna Commerce Center East
221 West Philadelphia Street
York, PA 17401-2994
Telephone: (717) 846-9800 Of
a/at a I Vag
aL41 t/03 -2s
d Z-kv gco
NOW,
0188397-
0, JUDGMENT IS ENTif D
Prothonotary 1�Clerk, Civil Division
By:
Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SOUTH MIDDLETON SCHOOL DISTRICT, : No.: 2011-4839
Plaintiff
v.
CHILDTIME, INC.,
Defendant
NOTICE OF DEFAULT
TO: CHILDTIME, INC.
50 ALEXANDER SPRING ROAD
CARLISLE, PA 17013
DATE OF NOTICE: SEPTEMBER 19, 2014
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
0185482-
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 ASSOCAITION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
Respectfully submitted,
STOCK AND LEADER
By:
0185482 -
Philip H. Spare, Esquire
I.D. #: 65200
Gareth D. Pahowka, Esquire
I.D. #: 309184
Attorney for Plaintiff
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SOUTH MIDDLETON SCHOOL DISTRICT, : No.: 2011-4839
Plaintiff
v.
CHILDTIME, INC.,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this day of g ,/ i_ , 2014, I, Mary K. Ridings,
Paralegal for Philip H. Spare, Esquire, of the law firm of Stock and Leader, attorneys for Plaintiff
hereby certify that I served the within NOTICE OF PRAECIPE TO ENTER JUDGMENT
BY DEFAULT by depositing same in the United States mail, first-class, postage prepaid, in
York, Pennsylvania addressed to:
CHILDTIME, INC.
50 ALEXANDER SPRING ROAD
CARLISLE, PA 17013
STOCK AND LEADER
Bv•
0185482-
M• di 4>s, Paralegal for
Ph' ip H. pa -, Esquire
I.D. : 65200
Attorney for Plaintiff
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SOUTH MIDDLETON SCHOOL DISTRICT, No.: 11-4839
Plaintiff
V.
CHILDTIME, INC.,
Defendant
NOTICE OF FILING JUDGMENT
( X ) Notice is hereby given that a Judgment in the above -captioned matter has been entered against you
in the amount of $20,269.50 on 10
( X ) A copy of all documents filed with the Prothonotary in suppN oft ithi: . ment is enc
Prothonotary' 1Ti4
By:
If you have any questions regarding this Notice, please contact the filing party:
Philip H. Spare, Esquire
STOCK AND LEADER
Susquehanna Commerce Center
East Building, 6th Floor
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
(This Notice is given in accordance with Pa.R.C.P. 236)
NOTICE SENT TO:
CHILDTIME, INC.
50 ALEXANDER SPRING RD.
CARLISLE, PA 17013
0074347-
L
DavidD. uelf
=Prothonotary, ,
y
Office, of the Prothonotary
Cumberfand'County*,lnennsyfvai is
F'; t '� t i !t,'
xirks. Sohonage, ES'Q
Solicitor
4/837 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW, THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND .RECEIVING(NO,RESPONSE-.THE%ABOVE
CASE -IS HEREBTERMINATED WITH. PREJUDICE_IN'ACCORDANCE'WITH
.
PA R.C.P:230.2.
BY THE COURT,
DAVID',D:tBUELL
PROTHONOTARY
One Courthouse Square 0 Suite100 ® Carlisle, TA 0 Thone.717 240-6195 ;® Ta.K 717 240-6573