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Home My WebLink About04-6053 MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF CAMP HILL SCHOOL DISTRICT Plaintiff Defendants ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2004 - IoCJ!;3 CIVIL TERM SHAWN GALLAGHER and LAURA KELLY, CIVIL ACTION - LA W NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 . Telephone: (717) 249-3166 CHHS GALLAGHERJKELL Y COMPLAINT I DISK 76 CAMP HILL SCHOOL DISTRICT Plaintiff Defendants ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2004 CIVIL TERM SHA WN GALLAGHER and LAURA KELL Y, CIVIL ACTION - LAW COMPLAINT AND NOW comes the Camp Hill School District by and through its counsel, Michael L. Bangs, Esquire, and files the following Complaint: 1. Plaintiff is the CAMP HILL SCHOOL DISTRICT which is a duly organized public school district and political subdivision of the Commonwealth of Pennsylvania, with its main address at 2627 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant SHAWN GALLAGHER is an adult individual who resides at 2701 North Front Street, Harrisburg, Dauphin County, Pennsylvania ("Gallagher"). 3. Defendant LAURA KELL Y is an adult individual who resides at 2701 North Front Street, Harrisburg, Dauphin County, Pennsylvania ("Kelly"). 4. Defendants are the parents of two minor children, A and M. 5. Defendants enrolled A and M as students in the Camp Hill School District during the 2003-2004 school year. 6. As proof of residency, Defendants provided the school district with a residential tenancy agreement between themselves and a Mr. Samuel Gamber indicating an address as 212 North 32nd Street, Camp Hill, Pennsylvania. 7. The Defendants represented to the Plaintiff that the Defendants, along with A and M, resided at the leased premises during the 2003-2004 academic year. 1 ClillS GALLAGHERiKELL Y COMPLAfNT I DISK 76 8. It is believed and therefore averred that for all or a substantial part ofthe 2003-2004 academic year, Defendants and their minor children A and M did not reside within the Camp Hill School District as Defendants' represented at the time of the enrollment, but rather resided at 2701 North Front Street, Harrisburg, Dauphin County, Pennsylvania. 9. Because the Defendants and their minor children were not residents of Camp Hill for all or a substantial part ofthe 2003-2004 academic year, A and M were not entitled to a free public education from Plaintiff during the period of non-residency. 10. The Camp Hill School District Board of School Directors has adopted a policy whereby the school district may accept a limited number of non-resident pupils each academic year but only with the recommendation of the Superintendent and prior approval by the Board of School Directors. 11. Pursuant to Camp Hill School District policy, the parents or guardians of non- resident pupils accepted for enrollment on the recommendation of the Superintendent and by approval of the Board of School Directors are required to pay tuition for the education of that pupil on the basis of the tuition calculation rate set forth in Section 2561 of the Pennsylvania School Code of 1949,24 P.S. Section 25-2561. 12. The tuition rate for Camp Hill School District for elementary tuition as determined by the Pennsylvania Department of Education for the 2003-2004 academic year is $6,975.62. 13. The Defendants' minor children A and M both attended the Schaeffer Elementary School of the Camp Hill School District without first having obtained permission from the Camp Hill School District Board of School Directors and without having paid tuition as non-resident pupils. 2 CHHS GALLAGHERlKELL Y COMPLAINT I DISK 76 14. The total tuition for A and M attending Schaeffer Elementary School of the Camp Hill School District as non-resident pupils during the 2003-2004 academic year is $10,463.43. 15. Plaintiff has made numerous requests of the Defendants to pay the amount of $10,463.43 tuition owed. 16. Defendants have failed to pay the tuition owed to Plaintiff. 17. Defendants are both joint and severally liable as the natural parents of both minors, A and M, for the tuition owed to Plaintiff. 18. Plaintiff is entitled to payment of outstanding tuition due and owing as a result of the attendance of A and M at the Schaeffer Elementary School of the Camp Hill School District during the 2003-2004 school year. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, both jointly and severally, in the amount of$1O,463.43, together with pre-judgment interest and costs of suit. Respectfully submitted, j rvpUz MICHAEL L. BAN Attorney for Plainti 429 South 18th Street Camp Hill, P A 17011 (717) 730-7310 Supreme Court ID #41263 3 CHHS GALLAGHERlKELL Y COMPLAINT I DISK 76 VERIFICATION I, Connie R. Kindler, Superintendent of the Camp Hill School District, state that I am authorized to make this Verification on its behalf, and that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. CAMP HILL SCHOOL DISTRICT Date: 9j<x 101 By: () j)-/'J.A_J.... __ ~ AVi' h ./ CONNIE R. KINDLE~~uperintendent 4 1~0 . ,h ~ 8 " t~ $ ......... ~ --\) ..c: if' . - r:: . :l.~' (, "'-> 1.- ~., C".) 0 .g_ ,'1 :-;:l I-ii ::n r '- :nCn :~'~) ~ 'jC) ""'""C'; i . :d o r:'? ..')111 11"'- ::-I:~~ :XJ _.r~ (~ { ) '" ,- ,.. o P" ...-.) 1 N -:""" 8 .. SHERIFFIS RETURN - OUT OF COUNTY CASE NO: 2004-06053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAMP HILL SCHOOL DISTRICT VS GALLAGHER SHAWN ET AL R. Thomas Kline I Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT I to wit: GALLAGHER SHAWN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania I to serve the within COMPLAINT & NOTICE On December 30th I 2004 I this office was In receipt of the attached return from DAUPHIN Sheriff1s Costs: Docketing Out of County Surcharge Dep Dauphin County 18.00 9.00 10.00 32.25 .00 69.25 12/30/2004 MI CHAEL BANGS s~. answer. . ........................ //.-~/ _____"....---7 /' ... ." -;::::--- ---- ~. 0--~~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me ~, this 1(7:::: day oil klAJ I , J co { A . D . .\ - '--j)~J2a ~Lf}PhJ J1:fl1 I Prothonotary v .. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-06053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAMP HILL SCHOOL DISTRICT VS GALLAGHER SHAWN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KELLY LAURA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 30th, 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 12/30/2004 MICHAEL BANGS So ans~ .' / ___.-..~--- __ .~___..-----"" ~f~~~~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ItJ '" day of lh ./ cJ..A, "lJ j A . D . ~~Q~~~, Prothonotary} In The Court of Common Pleas of Cumberland County, Pennsylvania Camp Hill School District VS. Shawn Gallagher et al SERVE: Shawn Gallagher No. 04-6053 civil Now, Dccanbcr 6, 2004 , I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~'./"i. h .?'/. ?-. .~#:' ~~ . ~ A'.~ ,.d'j-oF- ~ ,.r?~~4!:~ A"" ~G::~~ e ~:t; - Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDA VIT $ $ In The Court Olf Common Pleas of Cumberland County, Pennsylvania Camp Hill School District VS. Shawn Gallagher et al SERVE: Laura Kelly No. 04-6053 civil Now, December 6, 2004 , I, SHERIFF OF ClJMBERLAND C01JNTY, P A, do hereby deputize the Sheriff of Dauphirl County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~'/?~#". /..r."'~./ ~' ~;- . .#,r~~ /;t~". -'7~~~~~ ,~t:-';:" ;--:.!~~~ l' .-.> c/- ..~,,",1_' .., Sheriff of Cumberland County, PA L~ffidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDA VIT $ $ (tifict of tlt~ ~4~xiff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CAMP HILL SCHOOL DISTRICT vs County of Dauphin GALLAGHER SHAWN Sheriff's Return No. 7082-T - -2004 OTHER COUNTY NO. 04 6053 AND NOW:December 22, 2004 at 12:07PM served the within NOTICE & COMPLAINT upon GALLAGHER SHAWN by personally handing to DEFENDANT 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFF OFFICE HARRISBURG, PA 00000-0000 Sworn and subscribed to before me this 23RD day of DECEMBER, 2004 So Answers, JK~ Sheriff of Dauphin County I Pa. ~ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. I, 2006 By x.~ Sheriff's Costs:$32.25 PD 12/09/2004 RCPT NO 202207 KH ~Hite llf tqr ~4r:riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CAMP HILL SCHOOL DISTRICT vs County of Dauphin GALLAGHER SHAWN Sheriff's Return No. 7082-T - -2004 OTHER COUNTY NO. 04 6053 AND NOW:December 22, 2004 at 1:35PM served the within NOTICE & COMPLAINT upon KELLY LAURA by personally handing to DEFENDANT 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFF OFFICE HARRISBURG I PA 00000-0000 Sworn and subscribed to ,efore me this 23RD day of DECEMBER, 2004 So Answers, :;R~ ~ By 12/09/2004 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 Sheriff's MF MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, P A 17011 (717) 730-7310 CAMP HILL SCHOOL DISTRICT, Plaintiff vs. SHAWN GALLAGHER and LAURA KELLY, Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6053 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please mark the above-referenced matter settled and discontinued. Date: March 17, 2005 Respectfully submitted, l V~/{A.{ 1 ///1 / MICHAEL 1.. BANGSU Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 C) ,,- ....> c.:".... ~ -.r;,,- ~ N - c~ ~\., .-\ -r:-r. f-np' ",.-n:~ ~'\ \:'7) ---~:\ ~~\ \:~;~~\ -'0 ::1': (-:: -- '-~ - --