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HomeMy WebLinkAbout11-8977IN THE COURT OF COMMON PLEAS FOR 1-0 CUMBERLAND COUNTY PENNSYLVAN?, C ED-O F I(1'L MOHAMED ELNOUR, M.D. and AMAL _. r O T Pl?. E SHALABI, WAYNE and DENISE SMITH, 2911 DEC -2 PPS 1: 48 BRYAN and TERRI WEST, DAVID and Civil Action No. SUZANNE MORELAND, CUMBERLAND COUNT PENNSYLVANIA Plaintiffs ?(1- ?? ? CtV? 1 V. HARRISBURG ACADEMY, JAMES NEWMAN, Ph.D, THOMAS BANKS, Ph.D Defendants. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 0,Vk1k T C?9' 06 CKW- t>S (29-0(Qgo?S. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA MOHAM ED ELNOUR, M.D. and AMAL SHALABI, WAYNE and DENISE SMITH, BRYAN and TERRI WEST, DAVID and Civil Action No. SUZANNE MORELAND, Plaintiffs V. HARRISBURG ACADEMY, JAMES NEWMAN, Ph.D, THOMAS BANKS, Ph.D Defendants. EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE YORK, PENNSYLVANIA DIVISION CIVILAVISO PARA DEFENDER Con forme a P RCP Num. 1018.1 USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en I as siguientes pagin as, usted tienen que tomar acci6n dcntro vcinte (20) dias despues que esta Demanda y Av i so cs scrvido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con Ia Corte sus defensas o objeciones a las demandas puestas en csta contra ustcd. Ustcd cs advertido que si falla de hacerlo cl caso pucde proccder sin usted y un jazgamiento puede ser entrado contra usted por Ia Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Dcmandantc. Ustcd pucde perder dinero o propiedad o otros dercchos importantc para usted. USTED DEBE LLEYAR. ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TJENE UN ABOGADO, YAYA OLLANLE POR TELEFONO LA OF!CTNA FIJADA AQUi ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGULR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE 1NFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA MOHAMED ELNOUR, M.D. and AMAL SHALABI, WAYNE and DENISE SMITH, BRYAN and TERRI WEST Civil Action No. ) I- c'5?) 9`7 Plaintiffs v. HARRISBURG ACADEMY, JAMES NEWMAN, Ph.D, THOMAS BANKS, Ph.D Defendants. COMPLAINT Plaintiffs Mohamed Elnour, Amal Shalabi, Wayne Smith, Denise Smith, Bryan West, Terri West, on their behalf and on behalf of their minor children, (collectively referred to herein as "Hbg. Academy Parents"), through their undersigned counsel, brings this action against Harrisburg Academy, James Newman, Ph.D. and Thomas Banks, Ph.D., (collectively referred to herein as the "Academy") for declaratory and injunctive relief, compensatory and punitive damages and allege against Defendants as follows: INTRODUCTION 1. This action is based on the Academy's actions in summarily suspending three female seniors, daughters of the Hbg. Academy Parents for unsubstantiated allegations of drug use while on campus, notifying the universities or colleges to which the students had applied of the suspension and that the Academy had determined that the students had used drugs on campus thereby severely jeopardizing the students' acceptance into these highly competitive college programs. 2. These rash actions of the Academy, based on unfounded allegations, are IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA MOHAM ED ELNOUR, M.D. and AMAL SHALABI, WAYNE and DENISE SMITH, BRYAN and TERRI WEST Civil Action No. Plaintiffs V. HARRISBURG ACADEMY, JAMES NEWMAN, Ph.D, THOMAS BANKS, Ph.D Defendants. COMPLAINT Plaintiffs Mohamed Elnour, Amal Shalabi, Wayne Smith, Denise Smith, Bryan West, Terri West, on their behalf and on behalf of their minor children, (collectively referred to herein as "Hbg. Academy Parents"), through their undersigned counsel, brings this action against Harrisburg Academy, James Newman, Ph.D. and Thomas Banks, Ph.D., (collectively referred to herein as the "Academy") for declaratory and injunctive relief, compensatory and punitive damages and allege against Defendants as follows: INTRODUCTION 1. This action is based on the Academy's actions in summarily suspending four female seniors, daughters of the Hbg. Academy Parents for unsubstantiated allegations of drug use while on campus, notifying the universities or colleges to which the students had applied of the suspension and that the Academy had determined that the students had used drugs on campus thereby severely jeopardizing the students' acceptance into these highly competitive college programs. 2. These rash actions of the Academy, based on unfounded allegations, are unjustified, harmful and detrimental to the future of four highly intelligent, driven and dedicated young women. PARTIES 3. Plaintiffs Mohamed Elnour, M.D. and Amal Shalabi are adult individuals with a place of residence of 3 50 N. 25`h Street, Camp Hill, Cumberland County, Pennsylvania. 4. Dr. Elnour and Mrs. Shalabi are the parents of Amna, a senior at the Academy. 5. Wayne and Denise Smith are adult individuals with a place of residence of 940 Old Forge Road, Lewisberry, Cumberland County, Pennsylvania. 6. Wayne and Denise Smith are the parents of Alaina, a senior at the Academy. 7. Bryan and Terri West are adult individuals with a place of residence of 3712 Leyland Drive, Mechanicsburg, Cumberland County, Pennsylvania. 8. Bryan and Terri West are the parents of Sophie, a senior at the Academy. 9. Harrisburg Academy is an independent school known for its academic excellence, small class sizes, college placement and the success of its graduates in future academic and professional pursuits. 10. Harrisburg Academy's principal place of business and academic campus is situate at 10 Erford Road, Wormleysburg, Cumberland County, Pennsylvania. 11. James Newman, Ph.D. is the Head of School at the Academy. 12. Thomas Banks, is the Head of the Upper School Division (grades 9-12) at the 2 Academy. BACKGROUND FACTS 13. Amna Elnour, Alaina Smith, and Sophie West (collectively referred to as the "Affected Seniors"), each are exceptional, gifted students and young women with extremely bright futures. Each excels in different areas and contributes significantly to the Academy. 14. The Academy is a highly competitive environment. 15. Prior to the commencement of the academic year, the Harrisburg Academy Parents enter into an Enrollment Agreement for their daughters (the "Agreement"). 16. The Agreement specifies, inter alia., that the parent and student agree to "abide by the information and guidelines in the community handbook and the Community Compact" 17. The community handbook ("Handbook") provides, inter alia., that "[a]ny student who is discovered to be using, in possession of or under the influence of illegal drugs, performance enhancing drugs or alcohol during or at a school-related event will face serious disciplinary consequences up to and including dismissal." Handbook at p. 7. (Exhibit 1) 18. On that same page, the Handbook further provides that for discipline concerning Upper School students: In keeping with the Upper School emphasis on the active participation of students in fostering an atmosphere conducive to learning, the Upper School has established a Judiciary Board consisting of three teachers and four peers whose job is to recommend specific disciplinary consequences to the Head of Upper School. 19. The Community Compact provides that the Academy agrees to "seek information 3 and facts directly from the appropriate sources when we have questions and concerns." (Exhibit 2) 20. Tuition for students matriculating in the 11th or 12th grade at the Academy for the 2011-2012 academic year is Sixteen Thousand, Three Hundred Dollars ($16,300). 21. On or about October 6, 2011, Dr. Banks met with the Affected Seniors. Dr. Banks advised the Affected Seniors that a teacher told him that an unidentified student had told the teacher that on September 29, 2011, the Affected Seniors did not attend a non-mandatory senior event at the home of a teacher because the Affected Seniors chose to consume alcohol and then subsequently attend the school homecoming under the influence of alcohol. 22. The Affected Seniors denied the rumor and asked to speak to the teacher who had passed along the rumor to Dr. Banks. Dr. Banks refused the request. 23. Dr. Banks contacted each of the Hbg. Academy Parents to advise them of the allegation made by the unidentified student. 24. Amna Elnour was with her mother prior to the dance. Mrs. Elnour drove Amna to the dance. 25. Alaina Smith and Sophie West had been at the West home preparing for the dance. They travelled directly from the West home to the dance. 26. On November 16, 2011, the senior females, approximately 50 percent of the 30 students in the senior class, requested to meet alone to discuss social issues that had arisen between the females. The intent was to put those issues to rest, to refocus on academics. 4 27, On November 17, 2011, 13 senior females met for one class period. No adults were present. 28. The conversation became at times heated, and confusing with one person speaking over another to the point where it became unclear what issue was being discussed between whom. 29. On Friday, November 18, 2011, the Drs. Newman and Banks advised the Academy Parents that after the meeting of the senior females, two of those seniors contacted Dr. Newman and alleged that the Affected Seniors had come to school or a school event under the influence of marijuana. 30. Drs. Newman and Banks advised the parents that the Academy would investigate these allegations further and that the Affected Seniors must leave the school immediately. 31. On November 21, 2011, the Academy Parents met again with Drs. Newman and Banks. These meetings were held with each set of parents and not collectively as a group. 32. Drs. Newman and Banks erroneously had concluded that the allegations were accurate. 33. The Academy based this conclusion simply on the statements of certain senior girls who are known to be rivals of the Affected Seniors. 34. The Academy did NOT obtain any corroborating evidence. 35. The Academy did NOT interview teachers. No teacher stated that he or she had observed the Affected Seniors attend school or a school event under the influence. 5 36. The Academy did NOT interview any adults. No adult stated that he or she had observed the Affected Seniors attend school or a school event under the influence. 37. The Academy did NOT conduct any urine analyses. 38. The Academy did NOT find any drugs or alcohol in the Affected Seniors lockers, backpacks, clothes or persons. 39. The Academy did NOT convene a Judiciary Board as required by the Handbook. 40. The Academy conceded that the ONLY basis for their conclusions was the statements made by the rival senior girls. 41. The Affected Seniors emphatically denied the allegations to the Academy. 42. The Academy immediately suspended the Affected Seniors for five school days. 43. By letter dated November 21, 2011, authored by Dr. Newman, the Academy confirmed the suspension and provided further instruction. (Exhibit 3) 44. The Academy advised the Academy Parents that due to the suspension, it was obligated to notify all universities and colleges to which each of the Affected Seniors had applied of the "change in status" and that the Academy would issue a letter to each of the university and colleges and permit the student to author a second letter in response. 45. The Academy advised the Academy Parents that it would not notify the universities and colleges until the Academy Parents had the opportunity review the Academy's explanatory letter and the Affected Seniors had prepared their response letters. 6 46. On December 1, 2011, Guilia Hollister, Director of College Counseling employed by the Academy, advised the Affected Seniors that on November 28, 2011, during Thanksgiving break, she had notified the universities and colleges of the "change in status" through email and oral communication. If through oral communication, she told the college admission personnel of the Academy's basis for the suspension, specifically that the Academy had determined that the Affected Seniors had used marijuana. 47. On December 1, 2011, despite the repeated denial by the Affected Seniors of these allegations, Ms. Hollister urged each of the Affected Seniors to draft a letter accepting culpability for their actions. 48. It was not until December 1, 2011, at the repeated requests of the Academy Parents, the Academy provided a copy of the letter that the Academy intended to send to each of the universities and colleges to which the Affected Seniors had applied or will apply ("Academy Letter"). (Exhibit 4). The Academy Letter states that the Affected Senior was suspended for "5 days for being on school property under the influence of marijuana." 49. The Academy stated that the Academy Letter will be disseminated by the close of business Friday, December 2, 2011. 50. The Academy failed to properly investigate the allegations. The Academy formed a conclusion with no corroborating evidence or substantiation of any sort. 51. The Affected Seniors deny the allegations made. 52. The Academy is further injuring the Affected Seniors by publishing these falsehoods to universities and colleges with extremely competitive admission programs and 7 criteria. 53. The further perpetration of this blatant injustice has caused and continues to cause serious harm to the Affected Senior's academic pursuits and further academic career. COUNTI (BREACH OF CONTRACT) 54. Plaintiffs incorporate the averments in paragraphs 1 through 53 as if fully set forth herein. 55. The Academy and the Academy Parents have entered into an Agreement that requires that, in exchange for a large monetary payment in excess of sixteen thousand dollars ($16,000), the Academy and the Academy Parents abide by the terms of the Handbook and the Community Compact. 56. The Academy did not abide by the terms of the Handbook. 57. The Academy had no evidence beyond the mere allegations of several senior females who are rivals of the Affected Seniors of drug use by the Affected Seniors and attending class or a school event while under the influence. 58. Therefore, the Academy did not substantiate its claim that the Affected Seniors violated the drug policy. 59. The Academy did not convene a Judiciary Board to review the allegations and make a recommendation of discipline in direct contravention of the terms of the Handbook. 60. The Academy violated the terms of the Community Compact. 8 61. The Academy did not seek information and facts from all appropriate sources when investigating these allegations. 62. The Academy has violated its contractual obligations to the detriment of the Affected Seniors. The suspension and subsequent dissemination of the basis for the suspension to universities and colleges could destroy the future of these very driven, intelligent young women. WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor and against Defendants and enjoin and order Defendants to: (a) Cease dissemination of any information in any public way to universities, colleges or otherwise of the suspension; (b) Remove the suspension from the record of the Affected Seniors; (c) Pay attorneys' fees and costs of suit; and/or (d) Take such other and further action to comply with the law and make Plaintiffs whole. COUNT H (LIBEL/SLANDER/DEFAMATION) 63. Plaintiffs incorporate the averments in paragraphs 1 through 62 as if fully set forth herein. 64. Through written and spoken word, the Academy has disseminated information to the public that the Affected Seniors are drug users, that used drugs while on school property or came to school while under the influence of drugs and that they were suspended for such actions. 65. This statement is defamatory. 9 66. The Academy has no proof beyond the mere allegations of several students of drug use by the Affected Seniors. 67. The Academy not only breached its contract with the Academy Parents in failing to investigate the allegations properly, it was negligent in its failure. The Academy's so-called investigation was nonexistent. 68. By failing to conduct an appropriate investigation and thereby reaching a conclusion without all the facts, the Academy reached a summary conclusion. 69. The Academy further compounded this error by disseminating this information to teachers, other students, colleges and universities. 70. The Academy has orally and in written word published the statement that the Affected Seniors were on school property under the influence of marijuana. 71. These statements harm the reputation of the Affected Seniors as it significantly negatively impacts the review of their college admission applications to highly competitive top tier institutions. 72. By orally making such defamatory statements, the Academy has engaged in slander. 71 By making such defamatory statements in writing, the Academy has engaged in libel. 74. The Plaintiffs have been harmed by the Academy's actions. WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their 10 favor and against Defendants and enjoin and order Defendants to: (a) Cease dissemination of any information in any public way to universities, colleges or otherwise of the suspension; (b) Remove the suspension from the record of the Affected Seniors; (c) Pay attorneys' fees and costs of suit; and/or (d) Take such other and further action to comply with the law and make Plaintiffs whole. Jury Demand Plaintiffs hereby demand a trial by jury. December 2, 2011 Respectfully submitted, Ja6quelihe Jackson-DeGarcia PA Attorney ID No. 68745 JJ Law Office LLC P.O. Box 126504 Harrisburg, PA 17112 Tel: (717) 991-0483 Fax: (717) 298-3359 jjd@jj-lawoffice.com Attorneys for Plaintiffs 11 Dec 01 11 10:35p Mohamed F Unour I" ; `:" /'D-J2F?; c VERIFICATION PURSUANT TO 18 PA.C.S. 4 4909 I, Mohamed F Elnour, hereby certify that I am one of the Plaintiffs in the action and the parent of the students affected by the actions of Defendants and that I am authorized to execute this Verification, and that the facts set forth in the foregoing Complaint and Motion for a Temporary Restraining Order are true and correct to the best of my knowledge, information and belief. These statements made herein are made subject to the penalties of 18 Pa.C.S. § 4909, relating to the unswom falsification to authorities. *Ue001 11 10:3bp Mohamed I- tinour I' If Yrb-?Z'?~ ^.E VERIFICATION PURSUANT TO 18 PA-C-& § 4909 1, Aural A Shalabi, hereby certify that I am one of the Plaintiffs in the action and the parent of the students affected by the actions of Defendants and that I am authorized to execute this Verification, and that the facts set forth in the foregoing Complaint and Motion for a Temporary Restraining Order are true and correct to the best of my knowledge, information and belief These statements made herein are made subject to the penalties of 18 Pa.C.S. § 4909, relating to the unworn falsification to authorities. VERIFICATION PURSUANT TO 18 PA.C.S. 4909 I, Denise M. Smith, hereby certify that I am one of the Plaintiffs in the action and tit parent of the students affected by the actions of Defendants and that I am authorized to execute this Verification, and that the facts set forth in the foregoing Complaint and Motion for a Temporary Restraining Order are true and correct to the best of my knowledge, information and belief. These statements made herein are made subject to the penalties of 18 Pa.C.S. § 4909, relating to the unsworn falsification to authorities. d tt j P , - VERIFICATION PURSUANT TO 18 PA.C.S. § 4909 1, Wayne J. Smith, hereby certify that I am one of the Plaintiffs in the action and the parent of the students affected by the actions of Defendants and that I am authorized to execute this Verification, and that the facts set forth in the foregoing Complaint and Motion for a Temporary Restraining Order are true and correct to the best of my knowledge, information and belief. These statements made herein are made subject to the penalties of 18 Pa.C.S. § 4909, relating to the unworn falsification to authorities. cullIL-VL 11.47 -1.1 r.. --v- .... I, Bryan and Terri West , hereby certify that l am one of the owners of the Property identified by the above-captioned parcel number and that I am authorized to execute this Verification, and that the facts set forth in the foregoing Complaint and Motion for a Temporary Restraining Order are true and correct to the best of my knowledge, information and belief. These statements made herein are made subject to the penalties of 18 Fa.C.S. 4969, relating to the unsworn falsification to authorities. t EXHIBIT 1 CiOf 00 O 0 r? Y CcO O O ?. 0 a O o$ m co mSAO-% m? ?? m•E?i_ M tF O t0 ,Q N OO m C r• C ' f? t Ol ?y p O A ? p, c6 ? C a iTS rp m m Em 4 > ? tm U .- 3: ; > 24-0 n?Y cN 5?a°o a 010 G m ° C1 a > ?p > m T7 4; r- 't a a V C p 2 0 co C ' ? C o_ - P a a O 4 ?E o m m o! 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O _ w (/? 7 m •S m c c A ?m s 16C m.??Q o g '? c W SOL 0, is _O = C w V w .3? W tq vID v w Vc ` n£ u7 c a g _d C 8 m t FU J. 8a a w p.?g v c_?sg° Ud ' c., Wa v WUQ In. a a w 8 -? L ? C° m LM? EE d ? U m c g O U U m C?p A2?9 ?A p tt ity H p r ® ?p m C a m O m C_ ????jj }4?Op ? a `??C c??? .?ccm W??•lCSe o.= y S?$Ec ?? ?? o W ?' w-8 ?1-® c oW?pm gI e a JS K .bc ? s?xC oc w m .? m w n° CS ca y o ? 8 ? m m c a W N $ ?^ a X11'Bit s ' qy 0 • m m s°- $ VA Y`r, fib F`Q 03 -0 j 0. `5 It T c V .? V 1 ago sit G ? ? O- ? $ ?y,TS ? C G S ?TD U ?,y?S O r- ro Is dl C,, ? LL m cn a ? o. d m '° m g i 41 Q 1.. • ?? i EXHIBIT 2 I- 4) ,L c i N > ?' u " a O m m a O > W u °' m m a a? a m t a ?m3 ? o +? ,a; E y -Q ? m Q o m u? o as i? m m ? O C v 41 N= ,.? c Q? ? ,,; L Q i 4O N E .? C •= c t O t .U 41 E E o v oo i m sO 3 3 c o 0 E C m v u v 4 u? v a _ L N C E ° a o? E ? u E o n ® 2; v v v> v ?, c 3. '- N c ?- c m m G o CL = vi Q n. C) m n p o a p a E c v u O , o o Q E -C $ $ u m o o. E z u x n a a m a * E CL E 'v C W to N Q! to w tw cu m V O O G CJ N C O C >- a O v _e N 4J m >?_ E m - p E ?y 4 ''S d Y j a c o p m Q o a u Sl a c v ¢ Qt O N Ol N a S 7 N m O Cl CJ E to is a`c, °> a pu 3 v aci v CL of ami o v? >? c t i m GJ CD O _ y` w ?±- i L 0 v) N J aci 4 4- m O j c c v's O >,. 'u s `rti E M oil E ro m G "'•' .a aw C 'a^>. •> tm E m 01 4J Q _' a _ `Q u v ?° ? a .C -' m N O O T ai > t?0 C O G V m T 2 O E E u' a m ® a C p w 'c m p a; o ro oa o 00 V) m .be a) C p O a a.. N a, E .? U O O r u L Z y> v " 3 E ° o o v "' rn m y a E u o m c a w w 0, _ nmi caa c6 m > °1 > > E (V > w c`o s m m Q o n3 00 m ? ?e ? 5 5 a E o o ? aj ? 3 m ? ¢ m w ? y u 3 >u a"-`= rr v> c '4-0 E e tw a o> u c:3 u 6 s o +- c p a p q L ,^ 0i o c o c Q w Q, E 3 ' (,? i ro U N y 0 O : OT ?. C a a, a m _ 'Q ++ C O `O V ro :3 C L yx m > r t C a, o ? C E ? . tt ? m O N G C ® N 'o`p QJ E O V eyO• 0 0 u m N O 4. w e m m O '.n •? v` T m Q p au u E Q N i cu 0 0) -r, .2 ' -C (D > ` u 3. N i u Q. 7 O -G' 3 C 4 C E C m U O N E > 3 O m ,[ C t + O O a ¢ a-+ N IV E N Oi O i N O 4 6 M 41 a, 0 y c Q. GU >, +u a+ +O+ G O a v v E 2 ? a C? m M a m o? to v ao o t E +z. a a E v ?+ c m. cu sn m a m S to > v , > L a m. ?s $ ¢ m ac ? w S? Q p v E o Q ?' `' 9 a' 3 EXHIBIT 3 JAMES NEWMAN, PH.D., HEAD OF SCHOOL November 21, 2011 Dr. Mohamed Finour Mrs. Amal Shalabi 3-;o N. 25i, Street Caine Hill, n,k 1701 1 i?e2r 1%m`:1 w Moha.'t °d i write to reiterate what 1 discussed in our meeting this morning ElTective ?ada.y, Amna is suspended from attending classes at Hanisburb Academy and participating in any other Academy co-curricular event, through November 30, 201 l . Amna's decision to be on the Academy campus while under the influence of drugs is a stv,'Vus violation of our community standards. Dr. Banks and I reached this conclusion after speaking with nine other girls in the senior class and much review. Prior to reac?dno this conclusion, we reviewed a number of administrative actions, up to an including dismissal from the Academy. U'timately, we took this-ec ion because we believe it is in the best interest of Amna and the best way to confirm to her that viol,16112 the drag and alcohol policies of Harrisburg Academy is a serious issue and will not be tolerated. Ainna may return to her classes (and participate in other Academy acLivilies} on Thursday, December 1. Prior to Amna's return, she and you are required to meet with Dr. Banks to discuss our expectations for Amna's behavior and attitude when she reenters the academy school community. Please call Wendy Bosler, the administrative assistant of the Upper School Division, to arrange that. meeting. Today's administrative action does not eliminate the potentia lbr Amna to graduate from Harrisburg Academy. If Amna takes advantage of time during her suspension to focus on hvr violations of our community.stondards, honors them, with her actions for the remainder of the year, and continues w achieve the Kind or strong academic performance %ye know she is capable of, she will-graduate. On the otherhartd, if Amna is found responsible for not abiding by the Academy's standards of conduct, she will face additional sanctions up to and inclutl4ig dismissal from our school. It is our sincere hope, that Amna w•ili learn from her past decisions. F':- this ree;on, I encourage you to have Amna accessed by a drug and alcohol counseian- to lear:ti hoe, best :ri praceed. Our goal is to help Moon iwke good decisHons for the curat;on of her enrollment at the Academy ana prepare to successfully navigate the difficult socidl world ox colic;geuniversity life. I have every expectation that Amna can achieve that. F strongly encourage Aroma-to contact Ms. Virginia Getz (ourschual counsetor) and Ms. Giulia Hollister (our college counselor) for help at this important time. R/esp?ectfu, Illy; Jt?1 ?! `WJtnge? CC' ter. -Rwnas Bank-. -lead of the Upper School Division Ms. NTirenia C.iet?- Sthtx)l Counselor Ms. (Tufia Hollister. ±;ollet a Counselor 10 ERFOR0 ROAD. WOAMLEYSBURG. PA 17943 ??n.n cr ? o P:71,'.763.7811 1NWW.HARRi5BURGACADEMY.01LG F: 717.975.0894 _ " TAMES NEVVNiAN I:H-I-, H! AL) 07 SC11001 November 21. 20 i I Mr. & Mrs. Wayne Smith 940 Old Forge Road Lewisberry, PA 17339 Dear Denise & Wayne. write to reiterate what I discussed in our meetin this mornin,. Effective today. Alaina is suspended from attending classes at Harrisbur?, Academy and participating in any other Academy co-curricular event. through November 30. 2011. Alaina's decision to be on the Academy campus while under the influence of drugs is a serious violation of our community standards. Dr. Banks and I reached this conclusion after speaking with nine other girls in the senior class and much review. Prior to reaching this conclusion. we reviewed a number of administrative actions, up to an including disrissal from the Academy. Ultimately, we took this action because we believe it is in the best interest of Alaina and the best way to confirm to her that violating the drug and alcohol policies oft larrisburg Academy is a serious issue and will not be tolerated. Alaina may return to her classes (and participate in other Academy activities) on Thursday. December 1. Prior to Alaina's return, she and you are required to meet with Dr. Banks to discuss our expectations for Alaina's behavior and attitude when sh: reenters the Academy school community. Please call Wendy Bosler. the administrative assistant ofthe Upper School Division, to arranuc that meeting. Foday's administrative action does not eliminate the potential for Alaina to graduate from Harrisburg Academy It Alaina takes advantage of time during her suspension to focus on her violations of our community standards. honors them with her actions for the remainder of the year. and continues to achieve the kind of strong acadernic performance we know she is capable of, she will graduate. On the other hand. if Alaina is found responsible for not abiding by the Academy's gandards ofconduct, she will face additional sanctions up to and including dismissal from our school. It is our sincere hope that -Alaina will learn from her past decisions. For this reason, I encourage you to have Alaina accessed by a drug and alcohol counselor to learn how best to proceed. Ocr goal is to help Alaina make good decisions for the duration of her enrollment at the Academy and prepare to successfully navigate the diMcutt social world ofcottege, university life. I have every, expectation that Alaina can achieve that. 1 strongly encourage Alaina to contact Ms- Virginia Getz (our school counselor) and Ms. Giulia Hollister t our col loge counselor) for help at this important time. Respectfully. c C, Dr. Thomas Banks. Head of the Upper School Division Ms. Virginia Getz. School Counselor Ms, Giulia Hollister, College Counselor ?Q ERFORD ROAF), WOtm?L`YSiii1RG, PA 17041 71%.763.1$11 WWhN.H hRISIiU GAC ADI'ViY.CYRC7 F: i17.975.03Y4 Y W 10 JAMES NEWMAN. PH.D., HEAL) OF SCHO01. November 21, 2011 Mr. & Mr;., Bryan West 3712 Leyland Drive Mrch4nicsburb, PA 17050 Dear Terri x Bryan, I ware to reiterate what l aiscussed in our meeting ints mooting, Effective today, Sophie is suspended from attending classes at Harrisburg Academy and participating, in any other Academy co-curricular event, through November 30, 2011.(S6phie's decision to be on the Academy campus while under the influence of drugs is a serious violation of our community standards) Dr. Banks and t reached this conclusion alter speaking with nine other girls in the senior class and much review. Prior to reaching this conclusion, we reviewed a number oradministrative actions, up to an including dismissal from the Academy. LJltimateiy, we took this action because we believe it is in the best interest W*Sophie and the best way to confirm to her that violating the drug and alcohol politics of Harrisburg Academy is a serious issue and will not be tolerated. Sophie lnay return to her classes (and participate in other Academy activities) on Thursday. December 1. Prior to 5uphic's return, she and you are required to meet with Dr. Banks to discuss our expectations for Sophie's behavior and attitude when site reenters the Academy school community. Please call Wendy Bosler, the administrative assistant of the Upper School Division, to arrange that meeting. Today's administrative action does not eliminate the potential for Sophie to graduate from Harrisburg Academy. If Sophie takes advantage of time during her suspension to focus on her violations of our community standards, honors them with her actions for the remainder of the year, and continues to achieve the kind of strong academic performance we know she is capable of, she will graduate, On the other hand, if Sophie is found responsible for not abiding by the Academy's standards orcoaduct, she will race additional sanctions up to and including dismissal from our school. it is cur sincerf hope that Sophie will learn from her past decisions, For this reason, i encourage you to have Sophie accessed by a drug and alcohol counselot to learn how best to proceed, Our goal is to help Sophie make good decisions for the duration of her enrollment at the Academy and prepare to successfully navigate the difficult social world ul'collegc/university life. I have every cxprctation that Sophie can achieve that. I strongly encourage Sophie to contact Ms. Virginia Getz (our school counselor) and Ms. Giulia I loilister (our college counselor) for help at this important tithe. Resppect to i I }', kit. aM4) ?., , ,in cc: Dr_ Thorttas Banks. l4ead ofthe Upper Schcarl Division Ms. Virginia Get[. School Coutrselor Ms. rriulia Hollister, College counselor lu LRUORL) kuAl}, vVUkM1.t,1,WjRu, rn M74:3 P: 717.763.781) WWW.HARR[SbUttGACA1)EMY,ORG F:717.475OR94 1 ?? E)("llalof 4 Dear and the Admissions Review Committee, I am writing with an update regarding your first year ED/EA, Applicant, DOB . It is our school policy, as well as our commitment to following the NACAC Statement of Principles of Good Practice in College and Admissions Counseling, to update you of this new situation. Due to a recent violation of school policy, has been suspended for 5 days for being on school property under the influence of marijuana. I as her college counselor, and we as the Harrisburg Academy community, continue to recognize the outstanding academic work has completed while a member of the Academy community. We are still confident can be an asset to the academic and co-curricular life of your campus. has written her own letter explaining the circumstances from her perspective and it is included with the note. If you have any questions please feel free to contact me directly, Giulia Rinaldis Hollister Director of College Counseling Hollister.g@harrisburgacademy.org IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA MOHAMED ELNOUR, M.D. and AMAL SHALABI, WAYNE and DENISE SMITH, BRYAN and TERRI WEST, Plaintiffs Civil Action No. t (--8 c ? '7 V. HARRISBURG ACADEMY, JAMES NEWMAN, Ph.D, THOMAS BANKS, Ph.D Defendants. h j PETITIONERS' APPLICATION FOR SPECIAL RELIEF IN THE NATURE OF A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION; MOTION FOR IMMEDIATE HEARING/ARGUMENT ON APPLICATION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION Plaintiffs Mohamed Elnour, M.D., Amal Shalabi, Wayne Smith, Denise Smith, Bryan West, Terri West, on their behalf and on behalf of their minor children, (collectively referred to herein as "Hbg. Academy Parents"), through their undersigned counsel, move for special relief in the nature of a temporary restraining order and preliminary injunction and emergency hearing against Harrisburg Academy, James Newman, Ph.D. and Thomas Banks, Ph.D., (collectively referred to herein as the "Academy") and allege against Defendants as follows: INTRODUCTION 1. This Motion is filed in conjunction with a Verified Complaint. 2. The Academy intends to issue a letter today to all universities and school to which Plaintiffs' daughters have applied which letter sets forth defamatory statements that could result in a denial of admission to prestigious universities. 3. A denial of admission will detrimentally affect the students' entire academic and professional futures. 4. There is an immediate need to prevent the Academy from issuing said letter and making further statements to the public until a full evidentiary hearing on the merits is held and the Court decides the substantive issues. 5. The Plaintiffs request emergency consideration due to the timing of the issuance of this letter. Plaintiffs learned of the contents of the letter only yesterday and have moved immediately to prevent its dissemination. PARTIES 6. Plaintiffs Mohamed Elnour, M.D. and Amal Shalabi are adult individuals with a place of residence of 350 N. 25'' Street, Camp Hill, Cumberland County, Pennsylvania. 7. Dr. Elnour and Mrs. Shalabi are the parents of Amna, a senior at the Academy. 8. Wayne and Denise Smith are adult individuals with a place of residence of 940 Old Forge Road, Lewisberry, Cumberland County, Pennsylvania. 9. Wayne and Denise Smith are the parents of Alaina, a senior at the Academy. 10. Bryan and Terri West are adult individuals with a place of residence of 3712 Leyland Drive, Mechanicsburg, Cumberland County, Pennsylvania. 11. Bryan and Terri West are the parents of Sophie, a senior at the Academy. 12. Harrisburg Academy is an independent school known for its academic excellence, 2 small class sizes, college placement and the success of its graduates in future academic and professional pursuits. 13. Harrisburg Academy's principal place of business and academic campus is situate at 10 Erford Road, Wormleysburg, Cumberland County, Pennsylvania. 14. James Newman, Ph.D. is the Head of School at the Academy. 15. Thomas Banks, is the Head of the Upper School Division (grades 9-12) at the BACKGROUND FACTS 16. Amna Elnour, Alaina Smith, and Sophie West (collectively referred to as the "Affected Seniors"), each are exceptional, gifted students and young women with extremely bright futures. Each excels in different areas and contributes significantly to the Academy. 17. The Academy is a highly competitive environment. 18. Prior to the commencement of the academic year, the Harrisburg Academy Parents enter into an Enrollment Agreement for their daughters (the "Agreement") 19. The Agreement specifies, inter alia., that the parent and student agree to "abide by the information and guidelines in the community handbook and the Community Compact" 20. The community handbook ("Handbook") provides, inter alia., that "[a]ny student who is discovered to be using, in possession of or under the influence of illegal drugs, performance enhancing drugs or alcohol during or at a school-related event will face serious disciplinary consequences up to and including dismissal." Handbook at p. 7. (Exhibit 1) 3 21, On that same page, the Handbook further provides that for discipline concerning Upper School students: In keeping with the Upper School emphasis on the active participation of students in fostering an atmosphere conducive to learning, the Upper School has established a Judiciary Board consisting of three teachers and four peers whose job is to recommend specific disciplinary consequences to the Head of Upper School. 21 The Community Compact provides that the Academy agrees to "seek information and facts directly from the appropriate sources when we have questions and concerns." (Exhibit 2) 23. Tuition for students matriculating in the 11'h or 12 h grade at the Academy for the 2011-2012 academic year is Sixteen Thousand, Three Hundred Dollars ($16,300). 24. On or about October 6, 2011, Dr. Banks met with the Affected Seniors. Dr. Banks advised the Affected Seniors that a teacher told him that an unidentified student had told the teacher that on September 29, 2011, the Affected Seniors did not attend a non-mandatory senior event at the home of a teacher because the Affected Seniors chose to consume alcohol and then subsequently attend the school homecoming under the influence of alcohol. 25. The Affected Seniors denied the rumor and asked to speak to the teacher who had passed along the rumor to Dr. Banks. Dr. Banks refused the request. 26. Dr. Banks contacted each of the Hbg. Academy Parents to advise them of the allegation made by the unidentified student. 27. Amna Elnour was with her mother prior to the dance. Mrs. Elnour drove Amna to the dance. 4 28. Alaina Smith and Sophie West had been at the West home preparing for the dance. They travelled directly from the West home to the dance. 29. On November 16, 2011, the senior females, approximately 50 percent of the 30 students in the senior class; requested to meet alone to discuss social issues that had arisen between the females. The intent was to put those issues to rest, to refocus on academics. 30. On November 17, 2011, 13 senior females met for one class period. No adults were present. 31. The conversation became at times heated, and confusing with one person speaking over another to the point where it became unclear what issue was being discussed between whom. 32. On Friday, November 18, 2011, the Drs. Newman and Banks advised the Academy Parents that after the meeting of the senior females, two of those seniors contacted Dr. Newman and alleged that the Affected Seniors had come to school or a school event under the influence of marijuana. 33. Drs. Newman and Banks advised the parents that the Academy would investigate these allegations further and that the Affected Seniors must leave the school immediately. 34. On November 21, 2011, the Academy Parents met again with Drs. Newman and Banks. These meetings were held with each set of parents and not collectively as a group. 35. Drs. Newman and Banks erroneously had concluded that the allegations were accurate. 5 36. The Academy based this conclusion simply on the statements of certain senior girls who are known to be rivals of the Affected Seniors. 37. The Academy did NOT obtain any corroborating evidence. 38. The Academy did NOT interview teachers. No teacher stated that he or she had observed the Affected Seniors attend school or a school event under the influence. 39. The Academy did NOT interview any adults. No adult stated that he or she had observed the Affected Seniors attend school or a school event under the influence. 40. The Academy did NOT conduct any urine analyses. 41. The Academy did NOT find any drugs or alcohol in the Affected Seniors lockers, backpacks, clothes or persons. 42. The Academy did NOT convene a Judiciary Board as required by the Handbook. 43. The Academy conceded that the ONLY basis for their conclusions was the statements made by the rival senior girls. 44. The Affected Seniors emphatically denied the allegations to the Academy. 45. The Academy immediately suspended the Affected Seniors for five school days. 46. By letter dated November 21, 2011, authored by Dr. Newman, the Academy confirmed the suspension and provided further instruction. (Exhibit 3) 47.. The Academy advised the Academy Parents that due to the suspension, it was obligated to notify all universities and colleges to which each of the Affected Seniors had applied 6 of the "change in status" and that the Academy would issue a letter to each of the university and colleges and permit the student to author a second letter in response. 48. The Academy advised the Academy Parents that it would not notify the universities and colleges until the Academy Parents had the opportunity review the Academy's explanatory letter and the Affected Seniors had prepared their response letters. 49. On December 1, 2011, Guilia Hollister, Director of College Counseling employed by the Academy, advised the Affected Seniors that on November 28, 2011, during Thanksgiving break, she had notified the universities and colleges of the "change in status" through email and oral communication. If through oral communication, she told the college admission personnel of the Academy's basis for the suspension, specifically that the Academy had determined that the Affected Seniors had used marijuana. 50. On December 1, 2011, despite the repeated denial by the Affected Seniors of these allegations, Ms. Hollister urged each of the Affected Seniors to draft a letter accepting culpability for their actions. 51. It was not until December 1, 2011, at the repeated requests of the Academy Parents, the Academy provided a copy of the letter that the Academy intended to send to each of the universities and colleges to which the Affected Seniors had applied or will apply ("Academy Letter"). (Exhibit 4). The Academy Letter states that the Affected Senior was suspended for "5 days for being on school property under the influence of marijuana." 52. The Academy stated that the Academy Letter will be disseminated by the close of business Friday, December 2, 2011. 7 53. The Academy failed to properly investigate the allegations. The Academy formed a conclusion with no corroborating evidence or substantiation of any sort. 54. The Affected Seniors deny the allegations made. 55. The Academy is further injuring the Affected Seniors by publishing these falsehoods to universities and colleges with extremely competitive admission programs and criteria. 56. The further perpetration of this blatant injustice has caused and continues to cause serious harm to the Affected Senior's academic pursuits and further academic career. MOTION FOR TEMPORARY RES'T'RAINING ORDER 57. Plaintiffs incorporate the averments in paragraphs 1 through 58 as if fully set forth herein. 58. As alleged in the complaint filed in conjunction with this motion and incorporated herein by reference, by taking such actions without conducting any investigation beyond accepting the mere allegations of rival students as gospel, the Academy violated the Plaintiffs' contractual rights. 59. By publishing the allegation that the Affected Seniors came to school while under the influence as fact, the Academy has published defamatory statements both orally and in written form and, thus, is liable for slander and libel. 60. Injunctive relief is necessary to prevent immediate and irreparable harm and the Affected Students will suffer greater injury if this motion is denied that the Academy will if it is granted. 8 61. Once the Academy issues this letter the proverbial "bell is rung." It cannot be unrung. 62. There is no amount of monetary damages that can compensate for ruining the future of four high school seniors. It is impossible to quantify in monetary terms the impact of the denial of admission to a prestigious university, something that these four young women have worked very hard to achieve. 63. Here are four highly intelligent, highly motivated young women. The Academy Parents have spent significant money to provide the best academic environment to support their drive to attend the most prestigious universities in the nation. 64. The Academy's actions likely have stripped the Affected Seniors of that opportunity. 65. There is a need to prevent further harm until a full hearing on the underlying substantive issues can be heard. 66. There is no harm to the Academy by waiting until after a full evidentiary hearing to issue a letter or to speak further with the colleges and universities regarding the suspension. If the Court determines that the Academy is within its legal rights to send such a letter, then it may do so at that time. This brief delay has no impact whatsoever on the Academy. 67. In contrast, if there is no halt to the Academy's communications, it will cause irreparable unquantifiable harm to the reputation of the Affected Students which will detrimentally impact their future. 9 68. If the injunction is granted the parties will be returned to the status quo that existed prior to the Academy's wrongful conduct. 69. Plaintiffs simply are asking for the universities and colleges to receive no further information regarding the suspension. 70. Plaintiffs seek a preliminary and then permanent injunction to halt such communications. However, there is an immediate need to order such a halt until the Court has the opportunity to further consider this matter simply because if the words are spoken or written before a Court decision, the damage is done. MOTION FOR PRELIMINARY INJUNCTION 71. Plaintiffs incorporate the averments in paragraphs 1 through 72 as if fully set forth herein. 72. For the reasons set forth above, and in the Complaint, and after an evidentiary proceeding, Plaintiffs seek a preliminary injunction to enjoin Academy communications regarding the suspension until the Complaint is disposed of on the merits. WHEREFORE, Plaintiffs request that this Court: 1. Issue a Temporary Restraining Order enjoining the Academy from any further communication regarding the suspension of the Affected Seniors; 2. Schedule a full evidentiary hearing on the Motion for Preliminary Injunction within ten days after the entry of an Temporary Restraining Order; and 10 After a full evidentiary hearing on the Motion for Preliminary Injunction, enjoin the Academy from any communication regarding the suspension of the Affected Seniors until the disposition of the allegations in the Complaint. December 2, 2011 Respectfully submitted, Jacqu ine ackson-DeGarcia PA Attorney ID No. 68745 JJ Law Office LLC P.O. Box 126504 Harrisburg, PA 17112 Tel: (717) 991-0483 Fax: (717) 298-3359 jjd@jj-lawoffice.com Attorneys for Plaintiffs 11 •J?.?•?, ? v.?, .. ., y.V.?r.I..J... r rIIIVUI VERIFICATION PURSUANT TO 18 PA.C.S. 6 4949 I, Mohamed F Flnour, hereby certify that 1 am one of the Plaintiffs in the action and the parent of the students affected by the actions of Defendants and that I am authorized to execute this Verification, and that the facts set forth in the foregoing Complaint and Motion for a Temporary- Restraining Order are true and correct to the best of my knowledge, information and belief. These statements made herein are made subject to the penalties of 19 Fa.C.S. § 4909, relating to the unswom falsification to authorities. Ivu, VERIFICATION PURSUANT TO 19 PA.C.S. j 4909 1, Amal A Shalabi, hereby certify that I am one of the Plaintiffs in the action and the parent of the students affected by the actions of Defendants and that I am authoriz, to execute this Verification, and that the facts set forth in the foregoing Complaint and Motion for a Temporary Restraining Order are true and correct to the best of my knowledge, information and belief These statements made herein are made subject to the penalties of 18 Pa.C.S. § 4909, relating to the unworn falsification to authorities- VERIFICATION PURSUANT TO 18 PA.C.S. & 4909 I, Denise M. Smith, hereby certify that I am one of the Plaintiffs in the action and tlIc parent of the students affected by the actions of Defendants and that I am authorized to execute this Verification, and that the facts set forth in the foregoing Complaint and Motion for a Temporary Restraining Order are true and correct to the best of my, knowledge, information and belief. These statements made herein are made subject to the penalties of 18 Pa.C.S. § 4909, relating to the unsworn falsification to authorities. V41 I 7 '? d VERIFICATION PURSUANT TO 18 PA.C.S..4 4949 1. Wayne J. Smith, hereby certify that I am one of the Plaintiffs in the action and the parent of the students affected by the actions of Defendants and that I am authorized to execute this Verification, and that the facts set forth in the foregoing Complaint and Motion for a Temporary Restraining Order are true and correct to the best of my knowledge, information and belief. These statements made herein are made subject to the penalties of 18 Pa.C.S. § 4909, relating to the unsworn falsification to authorities. /? f I, Bryan and Terri Weit , hereby certify that I am one of the owners of the property identified by the above-captioned parcel number and that I am authorized to execute this Verification, and that the facts set forth in the foregoing Complaint and Motion for a Temporary Restraining Order are true and correct to the best of my knowledge, information and belief. These statements made herein are made subject to the penalties of 18 Pa.C.S. § 4909, relating to the unworn falsification to authorities. .i EXHIBIT 1 r O°f 00 D d ???? r???-r^ ?eN^?eN- eM- m ?•M-,? ? r b"d' r r r' r 3 N Im Gf W 0- 0 O ? ? L C m ?mEat° E nom' c o 6.9 0 .0 2.2 c ?P @ o tco t L p o cg t u- ?i L A wf C 0m mQ f= F cc77 L ?aN C C ? ?_ ? 7 T? ? ?L? 9 Qo IR O }x OR{ 7 'fp •p n ° ww J O v'O > E m 5oo?3 $ ~7j j 8$Ct r? ayW?Wr-W v Q W G. mL G. 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L aL+ ivi+ u a, u C ai •V p a E « o o o o??' o 3 E o 0 0• fl o N i 3 O two a c tfv ra >-0 m a m m two 0 1'i 3 ai m e a, a, ar M 'an o y u a s v m a Y '? ¢ c o o ?? c 3 3 caa Q E C L >. i6 .'+L E c N N •Q fa0 o c N > > u E aEi o a L°o u 3 3 .O o 0 'R E m a) G p ti- c al [A 0 3 u a v x -L u m c +? c N Y C L v 00 a, m a p c 3 c O 4 1 Y y,, m = N E '6 R N • a3 o C (a C a C R j. to a O p al fa c p p L Ou E t v c c > m c' to e E Y r_ > 4.3 06 :3 ID E v E o ° +s a E a 3 °' o v o a ++ '??•+ O c Y O -C O 'ate-. j,• ?o•, YO G YO N o >- 41 u CL a, Q) w v E^ .2 E r v E y r o 'u tv > 40 - 'a "'? a 3 v c m° m i i Lp E" E 0 CL ° 3E ?3a-? 3v 3 3¢0 ?? EXHIBIT 3 JAMES NEWMAN, PH.D.. HEAL? OF SCHOOL November 21, 201 1 Dr. Mohamed F.inour Mrs. Amal Shalabi 350 N. 25'6 Street Camp Hill, PA 17011 !?e-a...r Ann! w" M_-hamed. i write to reiterate what 1 discussed in our meeting this morning. P.0 Fffective 1aday, Amna is suspended from attending classes at Harrisburg Academy and participating in any other Academ} co-curricular event, tthrough No-rember 30, 2011. Amna's decision to be on the Academy campus while under the influence of drubs is a serious violation of our community standards. Dr. Banks and t reached this conclusion after speaking with nine other girls in the senior class and much review. Prior to rea&ing this conclusion,. we reviewed a number of administrative actions, up to an including dismissal from the Academy. Ultimately, v e talk this- t c ien because we believe it is in the best interest of Amna and the best way to confirm to her that violating the deli, and alcohol policies of Harrisburg Academy is a serious issue and will not be tolerated. Amna may return to her classes (And participate in other Academy activities) on Thursday, December 1. Prior to Amna's return, she and you are required to meet with Dr. Banks to discuss our expectations for Amna's behavior and attitude when she reenters the Academy school community. Please call Wendy Bosler, the administrative assistant of the Upper School Division, to arrange that meeting. 'Today's administrative action does not eliminate the potentia: lbr Amna to graduate from Harrisburg Academy. If Amna takes advantage of time during her suspension to focus on ?er violations of our community, standards, honors them with her actions for the remainder of the year, and continues w achieve the kind of strong academic performance Nye know she is ` capable of, §he will graduate Can the other hand, if Amna is found responsihle for not abiding by the Academy's standards of conduct, she %Al face additional sanctions up to and including dismissal from our school. It is our sincere hope that Anna wili learn fi•om her past decisions. Fw this reuv,on. 1 encourage You to have Amna accessed by a drug and alcohol coursek r to learn ho: best .'n prcweed. 0"j- goal is to help Amna nxtkegood decisoons for the duration of her enrollment et the Academy and urepare in successfully navigate the dtlficult social world of coll:;re;university life. I have every expectation that Amna can achieve that. F strongly encourage Air.rw.to contact Ms. virginia (ietz (our ch?uol counselor) and Ms. Giulia Hollister (our college counselor) for help at this importwit time. Respectfully,, Jib ? ,J44 cc: ter. _Awras Bankis. =1tad .:,f the Upper School Division Ms. Virainia Get?_ 5ch<x)i Counselor Ms. Giulia Hollister, t;aftel s Counselor 10 ERFORD ROAD. WOAMLEYSSURG, PA 17043 Al°a? . t` y ^t P. 71'.763.7811 WWW.HARRISBURGACADEMY.ORG F; 717.475.894 ' `_? uu l TAMES NLW,LtAN 1'H._).. HtAD O: SC11001 November 21. 1 Mr. & Mrs. Wayne Smith 9.10 Old Forge Road Lewisborry, PA 17339 Dear Denise & 1 ayne, I tvrite.to reiterate what I discussed in our meeting this morning. Fffective today, Alaina is suspended from attending classes at Harrisburg Academy and participating in any other Academy co-curricular event, through November 30, 2011. Alaina's decision to be on the Academy campus while under the influence of drugs is a serious violation of our community standards. Ur. Flanks and 1 reached this conclusion after speaking with nine other girls in the senior class and much review. Prior :c reaching this conclusion, we reviewed a number of administrative actions, up to an including dismissal from the Academy. Ultimately, we took this action because we believe it is in the best interest of Alaina and the best way to confirm to her that violating the drug and alcohol policies off larrisburg Acaderny is a serious issue and will not be tolerated. Alaina may return to her classes (and participate in other Academy activities) on Thursday, December 1. Prior to .Alaina's return, she and you are required to meet with Dr. Banks to discuss our expectations for Alaina's behavior and attitude when she reenters the Academy school community. Please call Wendy Bosley.. the administrative assistant ofthe Upper School Division, to arrange that meeting. l ocay's adrninistrative action does not eliminate the potential for Alaina to graduate from Harrisburg Academy if Alaina takes advantage of time during her suspension to focus on her violations of our community standards. honors them with her actions for the remainder of the year. and continues to achieve the kind of strong academic performance we know she is capable of, she will graduate. On the other hand. if Alaina is found responsible for not abiding by the Academy's standards of conduct, she will face additional sanctions up to and including dismissal from our school. It is our sincere hope that Alaina will learn from her past decisions. For this reason, I encourage you to have ,Alaina accessed by a drug and alcohol counselor to learn how best to proceed. Our goal is to help Alaina make good decisions fix the duration of her enrollment at the Academy and prcparc to successi'illy navigate the difficult social world of college, university life. I have every expectation that Alaina can acl?teve that. I strongly encourage Alaina to contact tits. Virginia Getz (our school counselor) and Ms. Giulia Hollister tour college counselor) for help at this important time. Respectfully. CC! Dr. Thomas Banks, Head of the Upper School Division Ms. Virginia Getz, School Counselor Ms. Giulia Hollister, College Counselor 10 ERFORD ROAD, WORYtLFYSRl.1RG, PA 17043 71"%.763.7811 !'VWIN-HAKRISBLJV 1CADFMY.ORG F: 717.975.0894 ?? uy Y JAMES NEWMAN. PH.D., HEAD Of SCHOOL November 21, 2011 Mr. & Mel--,. Bryan West 3712Leyland Drive Me.ltunicsburg, PA 17050 Dear Terri &- Bryan, I ware to reiterate what I discussea in our meeting trot morning Ef trative today, Sophie is suspended from attending classes at Harrisburg Academy and participating in any other Academy co-curricular event, through November 30,201 1,60phie's decision to be on the Academy campus while under the influence of drugs is a serious violation of our community standards' Dr. Flanks and I reached this conclusion after speaking with nine other girls in the suniur class and much review. Prior to reaching this conclusion, we reviewed a number of administrative actions, up to an including dismissal from the Academy. Ultimately, we took this action because: we believe it i.s in the best interest of Sophie acrd the best way to confirm to her that violating the drug and alcohol politics of Harrisburg Academy is a serious issue and will not be tolerated. Sophie may return to her classes (and participate in other Academy activities) on Thursday. December 1. Prior to Sophie's return, she and you are required to meet with Dr. Banks to discuss our expectations for Sophie's behavior and attitude when site reenters the Academy school community. Please call Wendy Bosler, the administrative assistant of the upper School Division, to arrange that meeting- Today's administrative action does not eliminate the potential for Sophie to graduate from Harrisburg Academy, If Sophie takes advantage of time during her suspension to focus on her violations of our community standards, honors them with her actions for the remainder Of the year, and continues to achieve the kind of strong academic performance we know she is capable of, she will graduate, On the other hand, if Sophie is found responsible for not abiding, by the Academy's standards ofs;onduct, she will face additional sanctions up to and including dismissal from our school. It is cur sincere hope that Sophie will letirn from her past decisions, For this reason, I encourage you to have Sophie weessed by a drug and alcohol counselor ?o learn how best to proceed. Our goal is to help Sophie make good decisions for the duration of her enrollment at the Academy and prepare to successfully navigate the difficult social world ul'collegeluniversity life. I have every expoviation that Sophie can achieve that. I strongly encourage Sophie to contact Ms_ Virginia Getz (our school counselor) and Ms. Giulia I loilisier (our collegk counselor) for help at this important time, Respectfully, -?..ltm ?`+r?lnt? cc Dr_ Thomas Banks. Head of the Upper Sc'huol Division Nis. Virginia Getz. School Counselor Ms. Cilulla Hollisier, College Counselor 10 OUL)RD RUAiJ. WUtt.Mt.hr)ht)KU, rA 1/043 ?;..,. A Y .. ('; 717.763.7811 W ... WW.HARRISBURGACA1)EMY.pRG F: 717.975-Cl1r94 Eyk"1131T 4 Dear and the Admissions Review Committee, I am writing with an update regarding your first year ED/EA, Applicant, DOB . It is our school policy, as well as our commitment to following the NACAC Statement of Principles of Good Practice in College and Admissions Counseling, to update you of this new situation. Due to a recent violation of school policy, has been suspended for 5 days for being on school property under the influence of marijuana. I as her college counselor, and we as the Harrisburg Academy community, continue to recognize the outstanding academic work has completed while a member of the Academy community. We are still confident can be an asset to the academic and co-curricular life of your campus. has written her own letter explaining the circumstances from her perspective and it is included with the note. If you have any questions please feel free to contact me directly, Giulia Rinaldis Hollister Director of College Counseling Hollister.g@harrisburgacademy.org 6 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA MOHAMED ELNOUR, M.D. and AMAL SHALABI, WAYNE and DENISE SMITH, _ 7 BRYAN and TERM WEST, Civil Action No. Plaintiffs V. HARRISBURG ACADEMY, JAMES NEWMAN, Ph.D, THOMAS BANKS, Ph.D Defendants. ti PROPOSED ORDER AND NOW, upon consideration of Plaintiffs' Motion for Immediate Argument on Application for the Temporary Restraining Order said motion is hereby GRANTED. Further, upon consideration of Plaintiffs' Motion for a Temporary Restraining Order said motion is hereby GRANTED. Defendants are enjoined from further communication to entities or individuals that are not a parry to this lawsuit or their counsel or advisors, until after a full evidentiary hearing on the motion for a preliminary injunction is held and the motion is decided. A hearing on Plaintiff's Motion for a Preliminary Injunction is scheduled for December g, 2011 at ?M-14,- m. in Courtroom 1 , `z( ?o? ,?%.??ec( Y 8 IRV c •Z Wd Z- ?3d I1Q BY THE COURT, ?? ?-? J. _ F11 ED-OUNCE John J. Connelly, Jr., Esquire f. t HE P P n 7 H 0 4 r';; Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP 20 11 DEC 16 AM Q: 0 3 P.O. Box 650 Hershey, PA 17033 uUMBERLAND COUNTY Attorneys for Suzanne K. Moreland, Guardian of Hanna Leigh Moreland P E N N S Y LVA 141 A MOHAMED ELNOUR, M.D., ET AL., IN THE COURT OF COMMON PLEAS Plaintiffs OF CUMBERLAND COUNTY V. File No. 11-8977 HARRISBURG ACADEMY, ET AL., Defendants MOTION TO QUASH SUBPOENA TO ATTEND AND TESTIFY TO HANNA LEIGH MORELAND AND NOW comes Suzanne K. Moreland, on behalf of her minor child, Hanna Leigh Moreland, by and through her attorneys, John J. Connelly, Jr., Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and files the within Motion to Quash Subpoena to Attend and Testify, pursuant to Pa.R.C.P. 234.2(e)(2) and 234.4(b), and in support thereof, avers the following: 1. The Plaintiffs, Mohamed Elnour, M.D., Amal Shalabi, Wayne Smith, Denise Smith, Bryan West, and Terri West are represented in the above-captioned action by Jacqueline Jackson-DeGarcia, Esquire. 2. The Defendants, Harrisburg Academy, James Newman, Ph.D., and Thomas Banks, Ph.D. are represented in the above-captioned action by David F. O'Leary, Esquire, Stephen Moniak, Esquire, and the firm of Rhoads and Sinon, LLP. 3. The Movant, Suzanne K. Moreland, is the mother and guardian of Hanna Leigh Moreland, a minor, who is 17-years-old and a student at Harrisburg Academy. 4. Pursuant to Pa.R.C.P. 234.2(e)(2)(i), "a copy of the subpoena shall be served upon the minor and the guardian of the minor within the Commonwealth by an adult in the manner prescribed in subdivision (b)." Pursuant to subdivision (e)(2)(ii), "[u]pon prior court approval and good cause shown, a copy of the subpoena may be served upon a minor who is a witness without serving a copy of the subpoena on the guardian." 5. On December 14, 2011, Hanna was personally served with a Subpoena to Attend and Testify on behalf of the Defendants at a hearing scheduled in the above-captioned action on December 27 and 28, 2011. Service occurred during school hours while the minor child attended Harrisburg Academy. At no time was Hanna's parent/guardian personally served pursuant to Pa.R.C.P. 234.2(e)(2)(i), and there is no Order of Court approving service upon the minor child, Hanna. Accordingly, the minor child was not served properly under Pa.R.C.P. 234.2(e)(2). 6. Pursuant to Pa.R.C.P. 234.4(b), "the court may make an order to protect a party, witness or other person from unreasonable annoyance, embarrassment, oppression, burden or expense." 7. Several months ago, a ticket was purchased for Hanna to travel round-trip to travel to Finland for two (2) weeks, leaving from JFK airport in New York on Saturday, December 17, 2011, and returning on January 2, 2012. As a result, Hanna has prior travel arrangements to be in Finland at the time of the hearing scheduled for December 27 and 28, 2011. 8. The Movant, on behalf of her minor child, Hanna, believes and therefore avers that Hanna's attendance at the hearing scheduled for December 27 and 28, 2011, would create an unreasonable annoyance, burden, and expense due to her prior plans to travel to Finland. WHEREFORE, the Movant, Suzanne K. Moreland, on behalf of her minor child, Hanna Leigh Moreland, respectfully requests this Court quash the Subpoena to Hanna Leigh Moreland to Attend and Testify, as the minor child was not properly served pursuant to Pa.R.C.P. 234.2(e)(2), and Hanna's attendance at the scheduled hearing creates an unreasonable annoyance, embarrassment, oppression, burden or expense under Pa.R.C.P. 234.4(b). Respectfully submitted, Dated: JAMES, SMITH, DIETTERICK & CONNELLY, LLP kQJ P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 By: J Uhn onne y, Jr. e 15615 Attorneys for Suzanne K. Moreland, Guardian of Hanna Leigh Moreland VERIFICATION I, Suzanne K. Moreland, verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: Suzanne K. Moreland MOHAMED ELNOUR, M.D., ET AL., Plaintiffs V. HARRISBURG ACADEMY, ET AL., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY File No. 11-8977 CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for Suzanne K. Moreland, Guardian of Hanna L. Moreland, hereby certify that I have served a copy of the Motion to Quash Subpoena on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID AND VIA FACSIMILE (717) 298-3359 Jacqueline Jackson-DeGarcia, Esquire P.O. Box 126504 Harrisburg, PA 17112 U.S. MAIL, FIRST CLASS, PRE-PAID AND VIA FACSIMILE (717) 238-8623 David O'Leary, Esquire One South Market Square P.O. Box 1146 Harrisburg, PA 17106-1146 JAMES, SMITH, DIETTERICK & CONNELLY DATE: 1-071d111 By: ??aa \)?? • hn .Conn ly, Jr., uire ox 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 MOHAMED ELNOUR, MD, AND AMAL SHALABI, AMNA ELNOUR, A MINOR BY MOHAMED ELNOUR AND AMAL SHALABI, GUARDIANS, WAYNE AND DENISE SMITH, ALAINA SMITH, A MINOR BY WAYNE AND DENISE SMITH, GUARDIANS, BRYAN, TERRI AND SOPHIE WEST, PLAINTIFFS V. HARRISBURG ACADEMY, JAMES NEWMAN, Ph.D., THOMAS BANKS, Ph.D. DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11-8977 CIVIL IN RE: PETITION FOR PRELIMINARY OR SPECIAL INJUNCTION ORDER OF COURT AND NOW, this 5th day of January, 2012, upon consideration of the Plaintiff's Application for Special Relief in the Nature of a Temporary Restraining Order and Preliminary Injunction, the pre-hearing memorandums submitted by the parties and after hearing, the Court finds: 1. Given the state of the law regarding court intervention in a private educational institution's disciplinary polices and decisions, there is not a strong likelihood of success by the Plaintiffs on the merits and the Plaintiffs right to relief is not clear. 2. The wrong alleged by the Plaintiffs to have been committed by the Defendants is not manifest. 3. The requested preliminary injunction is not necessary to prevent immediate and irreparable harm that cannot be compensated by damages. 4. While the proposed preliminary injunction may theoretically advance the private interest of the Plaintiffs, granting the preliminary injunction would adversely affect the public interest. Accordingly, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiffs' Application for Special Relief in the Nature of a Temporary Restraining Order and Preliminary Injunction is DENIED. IT IS FURTHER ORDERED AND DIRECTED that the previous Order of this Court entered on December 2, 2011, enjoining the Defendants from further communication to entities or individuals not a party to this lawsuit is VACATED. By the Court, ? UA M. L. Ebert, Jr., J. 'Jacqueline Jackson-DeGarcia, Esquire Counsel for Plaintiff c? e: ? = , P. O. Box 126504 N --I Harrisburg, PA 17112 zM C- -q David O'Leary, Esquire --<> cn c Stephen Moniak, Esquire < -r° Counsel for Defendants One South Market Square ACz E3 ter' P. O. Box 1146 Harrisburg, PA 17108-1146 ? Thomas E. Brenner, Esquire 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 /John Connelly, Esquire P. O. Box 650 Hershey, PA 17033 bas COpI es yvna 11e4 1 Jr'w t MOHAMED ELNOUR, MD, AND AMAL SHALABI, AMNA ELNOUR, A MINOR BY MOHAMED ELNOUR AND AMAL SHALABI, GUARDIANS, WAYNE AND DENISE SMITH, ALAINA SMITH, A MINOR BY WAYNE AND DENISE SMITH, GUARDIANS, BRYAN, TERRI AND SOPHIE WEST, PLAINTIFFS V. HARRISBURG ACADEMY, JAMES NEWMAN, Ph.D., THOMAS BANKS, Ph.D. DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11-8977 CIVIL ORDER OF COURT AND NOW, this 10th day of January, 2012, upon consideration of the Order of Court that was entered on January 5, 2012 denying the Application for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that the security that was filed with the Prothonotary's Office by the Plaintiff may be released to the Attorney for the Plaintiffs. /cqueline Jackson-DeGarcia, Counsel for Plaintiff P. O. Box 126504 Harrisburg, PA 17112 A By the Court, c, C = N Z 7? ? -ta m M. L. Ebert, Jr., Q ' Esquire v avid O'Leary, Esquire Stephen Moniak, Esquire Counsel for Defendants One South Market Square P. O. Box 1146 H risburg, PA 17108-1146 Thomas E. Brenner, Esquire 320 Market Street P. O. Box. 1268 Harrisburg, PA 17108-1268 bas .IltZtttS got MEOSZEZE0:i .115t1200.11 j aUMNVIS =bOHln k I- ZTTLT Vd 'SHn9SI2 UVH El ?IOS9ZT' XOg O'd LL68-TT HNI'IHI1?OFi1' VIDEVSHQ NOSH3vf m d0 213010 3H101 d sa*eTToci bOT/00 Pu'd PuPsnous anz3 n' 00'000's$' STTZ ZTOZ/ZT/T0 0 P 1Nnonv SIHl AVd a39vinN >103HO 31V0 H03HO d c ETOLI Vd `H-ISI-rdVD OOI H.lIfIS `HU'VflbS 3Si10H.L MOD I QNfl3'It'2IHNHJ £?£l£os?-09 gaujo xH-lo ,TOH.L02Id XIN1103 QNzy.- aulv_"LJ vd 'su nGSN3ddi HS ( NNVS NMMSbLlO TTanS Q PTnIeQ £0958££ ISH9991IINOUV80&= N000dN1 00'0006 ? e ?w xi 4j Es989Z 00'0006 IazaoaH PasPaTag IWV ? sTTZ ? qunouiv :,[oaua lk QN02 GN CEKVHOW = = L L 6 8 0- T T suozq Taos@C quppua;ac -ON asp0 ZTOZ/ZT/TO :GgPC '{PauO (1 AIf1J 1M1170.1?C1 711JJA i "%./ 1 /\61/1111 A\] J 1 I kl^^/ AMv'1\1'9f11J l^^ 12434201122012 Cumberland County Prothonotary's Office Page: 1 PYS380 Check Register Costs & Fees Tran Receipt Case Trans Check Check Check Payee Name - Rel Date Desc No No Amount Date No Amount JACKSON-DEGARCIA JACQUELINE BOND 12/15/2011 PYMT/CHECK 268653 11-08977 5,000.00 01/12/2012 2115 5,000.00 ** Total Amount Released 5,000.00 -----------------------------------End of Listing --------------------------------------------------------------------- i IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA MOHAMED ELNOUR, M.D. and AMAL SHALABI, AMNA ELNOUR, a minor by MOHHAMED ELNOUR AND AMAL SHALABI, Guardians, WAYNE and DENISE SMITH, ALAINA SMITH, a minor by WAYNE AND DENISE SMITH, Guardians, BRYAN, TERRI and SOPHIE WEST Plaintiffs V. HARRISBURG ACADEMY, JAMES NEWMAN, Ph.D., THOMAS BANKS, Ph.D. Defendants. n ? ZZO t!! ?' co ?r rl c ?v ? a Yb AND NOW, this day of February, 2012, it is hereby ORDERED as STIPULATED and AGREED by and between all parties, Jacqueline Jackson-DeGarcia, Esquire, counsel for Plaintiffs and David O'Leary, counsel for Defendants pursuant to the terms of the attached Settlement Agreement, that all of the claims by Plaintiff in the above-captioned Complaint are DISMISSED WITH PREJUDICE, with each party to bear its own costs and fees. It is further ORDERED that the attached Settlement Agreement is approved by the Court. ?Q??ucj.`? c ???? -?t?'a.•c-?c, $9'7'7 Civil Action No. I 1 `v ? qA \ M.L. Ebert, Jr. ? d r. a `?P4r?/, ?keo c., ? -hama S 61-eh her,? ©???s /viu,leat a?/f??? ,??Lc D"-0? ri%i . k _. -01,1410110 IAn IN THE COURT OF COMMON PLEAN12 M R% -9 PM I: 18 CUMBERLAND COUNTY, PENNSYLVANIA _71,7 ,iBERLi'00 COUNTY MOHAMED ELNOUR, M.D. and AMAL,: ' W f '?'? ?? PE Y SHALABI, WAYNE and DENISE SMITH, BRYAN and TERRI WEST, Plaintiffs Civil Action No.: 11-8977 Vs. HARRISBURG ACADEMY, JAMES NEWMAN, PH.D. and THOMAS BANKS, PH.D., Defendants PRAECIPE TO DISCONTINUE To the Prothonotary: Based upon the Court Order of February 15, 2012 regarding the resolve of this matter, please mark this legal action discontinued and the docket closed. Respectfully Submitted, BY: cquel' e Jackson-DeGarcia-esquire Attorney I.D. No PO Box 126504 Harrisburg, PA 7112 Attorney for Plaintiffs Dated: 3 ;ooss7602,v I ? r V ?.? ?: ? t .r, ., t i _________?. .?.?...._?.._?._._.w? t CERTIFICATE OF SERVICE 1, hereby certify that on this date, I served the foregoing document, via first class mail, on the person(s) set forth below: Jacqueline Jackson-DeGareia, Esquire JJ Law Office, LLC PO Box 12604 Harrisburg, PA 711 David F. O'Leary, Esquire Stephen Moniak, Esquire Rhoads & Sinon, LLC One South Market Square 12th Floor PO Box 1146 Harrisburg, PA 17108 GOLDBERG KATZMAN P.C. BY: L 4'? Thomas E. Brenner, Esquire Goldberg Katzman, P.C. )2.0 Market Str,'et P n B.-, 1,260 Harrisburg, PA 1 7 108-1 268 (717) 234-4161 Attorney jot• Depndants Dated:;3 ? --d 0? (00i87602;vI