HomeMy WebLinkAbout06-4092
WIX, WENGER & WEIDNER
Steven M. Williams. Esquire
508 North Second Street
P.O. Box 845
Harrisburg. PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
HOLY SPIRIT HOSPITAL OF THE : IN THE COURT OF COMMON PLEAS OF
SISTERS OF CHRISTIAN CHARITY, : CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
v.
NO. ~ - 4D'jJ.....
(!lol~0L~
CARRIE A. JUMPER,
Defendant
: CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief requested by the Plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de
las demand as que se presentan mas adelante en las siguientes paginas, debe tomar
acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta
Demanda y Aviso radicando personalmente 0 por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y
objecciones a. las demand as presentadas aqui en contra suya. Se Ie advierte de que
si usted falla de tomar acci6n como se describe anteriormente. el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier
otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CUALlFICAN,
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle. PA 17013
(717) 249-3166
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHRISTIAN CHARITY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 01...- 4()'i~ c.;U~C-r8L~
CARRIE A. JUMPER,
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes Plaintiff, Holy Spirit Hospital of the Sisters of Christian Charity
(herein, "Holy Spirit"), by and through its attorneys, Wix, Wenger & Weidner, and files
this Complaint, stating the following:
1. Plaintiff, Holy Spirit, is a Pennsylvania not-for-profit corporation, with its principal
place of business located at 503 North 21st Street, Camp Hill, Pennsylvania.
2. Defendant, Carrie A. Jumper (herein, "Defendant"), is adult individual whose last
known address is 95 Northcrest Road, York Haven, Pennsylvania, 17370.
3. Jurisdiction and venue are proper in this Court because Holy Spirit's cause of
action arose in Cumberland County.
4. The amount in controversy in this case does not exceed $35,000, as required by the
Cumberland County Local Rules regarding compulsory arbitration.
5. On or about July 18, 2002, Holy Spirit and Defendant entered into an Educational
Loan and Employment Agreement (the "Employment Agreement"), a true and
correct copy of which is attached hereto as Exhibit A and incorporated herein by
reference as if fully set forth.
6. At the time the parties entered into the Employment Agreement, Defendant was
employed by Holy Spirit and was enrolled as a student at Pennsylvania College of
Technology ("PCr), taking classes toward obtaining her degree as a registered
nurse.
7. Pursuant to the Employment Agreement Holy Spirit paid to or on behalf of
Defendant the sum of $1 ,944.58 for Defendant's tuition and education related
expenses.
8. Also pursuant to the Employment Agreement, for the periods August 25, 2002
through June 1, 2003, Holy Spirit paid Defendant an enhanced rate of pay, in the
amount of $3,365.53.
9. Finally, pursuant to the Employment Agreement, for the period August 2002
through June 2003, Holy Spirit provided to Defendant health and dental benefits
typically reserved for full-time employees of Holy Spirit, at a total cost of $5,100.74.
10. The total amount of the payments referred to in paragraphs 7 through 9 hereof is
$10,410.85 and is collectively referred to herein as the "Payments".
11. The Employment Agreement provides that upon Defendant's graduation from PCT,
Defendant shall accept employment with Holy Spirit as either a full-time registered
nurse or as a part-time registered nurse, and Defendant shall remain in the employ
of Holy Spirit until Defendant completes two thousand and eighty (2,080) hours of
employment for each academic year that Defendant was enrolled in PCT.
12. Defendant graduated from PCT in or about May 2003, and thereupon obtained her
RN degree.
2
13. Upon her graduation, Defendant did not begin her required employment with Holy
Spirit in accordance with the Employment Agreement.
14. Defendant had been enrolled at peT for one academic year and was thus required
to remain in the employ of Holy Spirit until she completed at least one year (2,080
hours) of service for Holy Spirit (the "Term").
15. The Employment Agreement provides that if Defendant fails to remain employed
with Holy Spirit for the completion of the Term, Defendant shall reimburse Holy
Spirit for the Payments, together with interest at the rate equal to the prime rate as
published in the Wall Street Journal on the effective date of the Employment
Agreement, which was 4.75% per annum,
16. Defendant did not begin her required employment as a Registered Nurse with Holy
Spirit, but rather, resigned her employment as a Licensed Practical Nurse with Holy
Spirit on or about June 14, 2003.
17. Holy Spirit has demanded on several occasions that Defendant repay the
Payments.
18. Defendant has failed and/or refused to repay the Payments.
19. The Employment Agreement is a legally binding contract.
20. Holy Spirit has fully performed its obligations under the Employment Agreement.
21. Defendant's failure to repay the Payments to Holy Spirit constitutes a default of the
Employment Agreement.
22. Holy Spirit is entitled to recover from Defendant its damages resulting from
Defendant's breach of the Employment Agreement.
3
23. The total amount owed to Holy Spirit as reimbursement of the Payments is
$10,410.85, and through June 2006, interest in the total amount of $1 ,936.28 has
accrued, Thus, as of June 30, 2006, Defendant is obligated to Holy Spirit for the
amount of $12,347.13.
24. This is an attempt by a debt collector to collect a debt and any information obtained
will be used for that purpose.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in its favor and against Defendant in the amount of $12,347.13, plus interest
that accrues at the rate of 4.75% per annum from July 1, 2006 until payment in full, the
costs of this action, and such other relief as this Court deems just and appropriate.
Date: 1\l '6ID~
B.
Steven M. Williams, 1.0. # 62051
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
F:\smw\5069 (OUT TECH)\13900 (HOLY SPIRIT HOSPITAL V. CARRIE A. JUMPER)\DOCUMENTS\COMPLAINT.doc
4
VERIFICATION
I have read the foregoing Complaint and hereby affirm and verify that, to the best
of my knowledge, information and belief, all of the statements made therein are true and
correct, and I acknowledge that false statements made therein may subject me to the
penalties of 18 Pa.C.SA Section 4904, relating to unsworn falsification to authorities.
Holy Spirit Hospital of the Sisters of
Christian Charity
Date:
By: ?tJ~SLaA
EXHIBIT A
DrC-23-2005 FRill :07 PM
p, UUIJ
My 1. 2002
,lhr/fonns/Schollll'shipAgrooIlIOlltAssocFiIUll
EDUCATIONAL LOAN AND EMPLOYMENT AGREEM:ENT
THIS EDUCATIONAL LOAN AND EMPLOYMENT AGREEMENT ("Agreemellt"), made this 1X..-
day of 200t by and between HOLY SPIRIT HOSPITAL OF THl!: SISTERS OF
ClllUST CRARlTY,. a Pennsylvania not-for-profit corporation, with its principal place of business at 503 North
21st S}{eet, Camp Hi I (East Pennsboro Township), Cumberland CO\lnty, Pennsylvania, hereinafter called "Hospital" and
Llll?Rlt , , with his or her principal residence at
f3J f W. 3NjlJaS-r. S;UAi'bfOV€./III7K7D , hereinafter called "Student."
WITNESSETH:
WHEREAS, Hospital desires to provide an educational loan to Student under the terms and conditions
hereinafter provided; and
WHEREAS, Student desires to accept snch educational loan and agrees to accept an employment obligation with
Hospital after graduation; alld
WHEREAS, Hospital and Student desire to confinn their understandillg in writing.
NOW, THEREFORE, ill consideration ofthe mutual covenants herein contained, each intending to be legally
bound, the parties agree as follows:
1. Identification ot' School and Program. Student is enrolled atlifl/lt/. t!ouEl1r ~ 7E-&lllJ'X.Clrlf as a full
,
time student and has beenl1CCepted into and willlllajor ill the Registered Nursing program and will be pursuing a degree
in which upon graduation will make Student eligible for examil1lltion for permanent licensure as I\. Registered Nurse
2. Employment Obligation AftCl' Gralluation. Immediately UpOll Student's graduation from the program
listed above, Hospital shall have the right to employ Student and Student is obligated to aocept said employment. Student
shall have the option to serve as, Option I - a full-time Registered NUI'se, or lIS Option 2 . a part-time Registered Nurse at
the prevailing rate of compensation and benefits for a position of comparable nature, unless otherwise mutually agt'eed by
the pnrties. If Student selects Option I Student shall perform such duties at suoh times as shall be assigned from time to
DEC-23-2005 FRI 11 :07 PM
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000374-00000Iluly I, 20r:/J.IRHW/PA\l./4.. ,,,9
time for a period of obligated service equal to the number of academic yea.rs in which the Student was engaged in full
time co\.rsework as referenced in section 4B herein, Each year of obligated service equal to the number of academic
years will be equivalent to two thousand eighty (2,080) hours. If Student selects Option 2 Student shall perfonn such
dLlties at such times as shall be assigned from time to time for a period of obligated servioe equal to two thousand eighty
(2,080) hours for each academic year in which the Student was engaged in full time coursework !IS referellced in setrtion
4B herein and lnay worle the obligated service on a part time basis. TIle period of obligated service shall be calculated on
the basis of paid hours with each obligation yeal' Ullder both OptiOlls equal to two thousand eighty (2,080) hours for each
academic year in which tile Student was engaged in full time coursework, effective upon employment of Student by
Hospital. These options may be mixed during the period of obligated service, however, the Student shall be obligated to
worl( no less than tile total of 2,080 hours times the ll\uuber of academic years in which the Student was engaged in full
time coursework and received assistance from this program. Upon the completion of the Student's studies and attainment
of the Associates or Bachelors' Degree, a calculation shall be made of the total pel'iod of obligated service for the Student.
3. Date of Graduation and Employment Availability. Student hereby certifies to Hospital that Student
will graduate on MtJ.y . 200;L, and shall be available for employment no later thBJl
MfN I ,200...i..
f
4. Student's :Responsibilities, Student shall be responsible for the following:
A. Changes. Student shall advise Hospital, i.n writing. as to any change in the infol1nation set forth'
in the Student's Educational Loan Request (Appendix II), attached hereto and made part hereof, previously
submitted by Student to Hospital. AdditiOllally Student shall notify the Hospital, in writing, as to any change In
his/her academic status as a student which may affect the terms of this Agreement.
B. Academic Status, Grades and Trauscripts. Stndent shall maintain a full-time academic
schedule (12 or more semester credits) and shall be expected to attain in each course taken a grade of 'C; 01' better
and to maintain BJl overall grade level of a 'e" or better. Student shall provide Hospital with a copy of all
academic transcripts during the loan period and any olher 110tices regarding his or her academic status or his or
her enrolhllent status.
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5. Salary aUll :Benefits. As an employee, Student shall have the opportunity to work part-time for the
Hospital. If the Student works a regular schedule of twenty (20) hours or more per week, Student shall receive the
healtll, dental and vision benefits at the employee co-pay rates currently available to full time Hospital employees.
Additionally Student shalll'eceive compensation at the rate of 150% of tJle Student's cun'ellt rate of pay (not to exceed
the current grlldWlte nurse starting rate at tJle Hospital) while engaged in course work pursuant to this Agreement.
If Student works less than 20 hours pel' week on a regularly scheduled basis, the Stndent shall not be eligible for
benefits. Additionally, Student shall receive compensation at the rate of 125% of student's current rate of pay (not to
exceed the clu'rent graduate 11urse starting rate at Hospital) while engaged in course work pursuant to this Agreement.
6. Payment of Tuition and Requifed Expeo.aes. Hospital shall make payments for actual tuition and
required expenses (including, but not limited to textbooks), during eaoh aoademic year on behalf of Student. For
programs granting an Assooiates or Bachelors degree the student will be entitled to payments to a maximum of $3,000 per
academic year for all academic years that the Student is engaged in full time coursework toward their respective nursing
Degree. Hospital shall make direct payment or payments to the educational institution described in Paragraph 1. for the
items and in the amounts and according to the itemized schedule as provided herein in Appendix I, attached hereto and
made part hereof. Said payment 01' payments shall be made by Hospital 011 a pel' academic semester basis upon receipt of
all authorized, itemized bill from the educational institution identifying the institution and Student. Said educational
institution shall be officially notified of Student's participation in tJle loan program and authorized to bill Hospital directly
for the item and the amounts set forth ill Appendix I for expenses to be incurred during the period of Studenfs loan
eligibility hereunder. If Student has made any payments for items set forth in Appendix I for expenses to be incurred
during the period of Student's loan eligibility, Student shall request to be reimbursed by tile educational institution after
the ed.lcational inlltitution has received payment fol' any s.lch item from Hospital. AllY cost to studellt for repeatillg course
work necessary for satisfactory completion of the Nursing program shall not be bome by Hospital, but any such expense
shall be the I'esponsibility of Student.
7. Employment of Student. In the event that the Hospital shall exercise its right to employ Student upon
graduation as herein provided, said Student shall be an "at will" employee and shall be subject to all the tenns and
conditions as any other employee of Hospital. During any period that Student is employed by Hospital, Student shall
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000374.00000/July I, 2002lRHW/PARl4j,",
devote his or her entire services, skills and abilities to Hospital during those scheduled hours designated by Hospital.
8. Termination of Agreement.
A. Scholastic Deficiency. If at any time duriltg enrollment at the designated educational institution,
Studen~s scholastic performance fails to satisfy the academic standards of the program in which he or she is
enrolled, Hospital shall have the right to withhold any future loans or payments previously made pursuant to this
Agreement. Student shall, upon demand of Hospital, repay any and all monies paid by Hospital to Student under
this Agreement togethel' witl\ interest at the rate set forth in Paragraph 8.
B. Non-Completion of Course, If Student fails to satisfactorily complete the Nursing program as
herein provided, Hospital shall have the right to demand imlllediate repayment of all funds paid by Hospital
pursUllnt to this Agreement. Student shall, upon demand of Hospital, repay any and all monies paid by Hospital
to Student under this Agreement, together with interest at the rate set forth in Paragraph 8 hereof,
C, Non-Fulfillment of Employment Obligation. Iffor any reason, including failure to qualify for
licensure, Student shall fail to begin 01' fulfill the employment obligation as herein provided, any and all monies
received by Student, or paid for Student's benefit under the terms of this Agreement, shall be repayable in full,
together with interest at the rate set forth in Paragraph 8. Said funds shall be repaid to Hospital upon demand.
Notwithstanding the foregoing, the followitlg shall be applicable:
(1) If Hospital does not elect to employ Student upon his or her graduatiol\ and at the
employment availability date described above, Student shall have no obligation to repay any funds
received by Student or paid for Student's benefit under the terms of this Agreement. It is specifically
understood by Student that Hospital is not obligated to employ Student upon graduation, but shall reserve
the privilege of doiag so as herein specifically provided.
(2)' If Hospital shall employ Student, Hospital specifically reserves the right to tel111innte
Student's employment, with 01' without cause, during the pedod of oblignted employment or thereafter, If
Hospital shall elect to terminate Student's employment, then Student shall be obligated to repay Hospital
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09D:l74-00000/July I, 200?/RHWIPARI,. ,9
a prorata share of the money paid to or for the benefit of Student under this Agreemel1t together with
interest at the herein specified rate. "Pro Rata Shat'e" shall mean the 11\lmber of hours worked by Student
divided by 2,080 hours times the number of academic years in which the Student was engaged in full
time coursework al1d received assistanoe from this program.
(3) If, during Student's period of obligated employment, his 01' her license to practice
(temporary 01' permanent) as a Registered Nurse is withdrawn 01' suspended, the Hospital. during such
period of withdl'awal or suspension, shall not be obligated to contillue Studenfs employment. In the
event that said license to praotice as a Registered Nurse is reinstated, the Hospital shall have 111e right, at
its option, to reinstate Student as an employee. Any period in which Student's license to practice as a
Registered Nurse is withdrawn or suspended shall not be considered as part of the period of obllgated
employment. The period of obligated employment shall be fulfilled as a Registel'ed Nurse and not in any
other capacity,
(4) It is specifically understood and agreed that, in the event that Studenfs employment is
terminated before completion of the employment obligation under the terms of this Agreement, Hospital
shall have the right of off.set for sums Student is required to repay Hospital under this Agreement.
against lll1ysum otherwise payable by Hospital to Student.
(5) If Hospital employs Student, and Hospital, pursuant to a plannedreduc:tioll in the
number of Hospital's personnel, terminates Student without cause during Student's period of obligated
employment. Student shall have no obligation to repay any funds received by Student or paid for
Student's benefit under the tenus of this Agreement.
D. Death of Student, In the event that Student shall die prior to the completion of the period of
obligated employment, then this Agreement shall be terminated and any obligations of Student to repay any fUl1ds
paid or received on his or her behalf under the terms of this Agreement are specifically waived by Hospital.
E. Miscellaneous. In the event that Hospital shall cease cariying on its present business, for any
reason, then this Agreement shall be null and void and Student shall not be required to repay Hospital any funds
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000374-0000011uly 1. 2002/IlJ:l.WIPAPJ4. .,
paid or received Oil his ot her behalf pmsuant to the terms hereof.
9. Interest, AllY interest required to be paid by Student as part oftlte repaynlent obligation of Studellt shall
be at a rate equal to the Prime Rate as published in the Wall Street Journal ill effect on the date Oil which this Agreement
was fully executed, and shall begin to accrue Oil such date.
10. Income Reporting Obligation. Until such time as Student begins employment by Hospital as a
Registered Nurse, each amount paid to Student or for Student's benefit pursuant to the terms and conditions of this
Agreement shall be deemed to be a loan. If, upon Student's graduation, Student begins employment at the Hospital, the
Hospital shall repolt on Form W-2, Wage and Tax Statement, as wages, the prorata amount of the payments which
Hospital has made to Student, or for Student's benefit, pursuant to the !enns and cOllditions of this Agreement, together
with i1lterest as herein provided, which, because Student has Mf1J1ed a pOltion of Student's period of obligated
employment, Student shall not be required to repay. Hospital shall withhold on the basis of such B1110Wlts reported as
wages, the amount of all federa~ state and local taxes for which withholding by an employer is required, including, but
not limited to federal, state and local income taxes, FICA tax, and Pennsylvania Unemployment Compensation. In the
event that Student is not employed by the Hospital, but pursuant to the tentlS of this Agreement, or otherwise at the
Hospital's election, Student is IlOt required to repay principal 01' interest of SJ1Y loan made pursuBllt to this Agreement, the
amount of such loan forgiveuess, computed as of the date of the termiuation of Student's obligation to repay under the
terms .of this Agreement or pursuant to Hospital's election not to reqnire payment, shall be repolled to the Internal
Revenue Service Oil POrin 1099; or such other fonn as may appropriate for the reporting of i11collle.
11. Number for Reporting. Student's Social Security Number, to be used for any required reporting to the
Inte1'llal Revenue Service, is /74- fp(P-IPfCJ.{- .
12. Assignment. Student lllay not assign all or a part of this Agreement. Hospital may assign the rights and
obligations, under this Agreement, in whole or in part, to B1IY subsidiary, affiliate, or successor of Hospital.
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13. Notice. Any notice from either party to the other shall be deemed sufficiently given jf such notice is In
writillg, sent by certified mail, addressed as follows:
Holy Spirit HospitnJ
A1TN: John Mashinski, Vice President
503 North 21st Street
Camp Hill, P A 170 11-2288
Student: Ctl-IZIZ I f A - J UM PEe
3J~ W. SNyfJE/Z 8T.
SfLl!'I~~OV~ ,lOA /7F70
14. Declaratioa of Governing Law. This Agreement shall be governed by and construed in accorda.llce
witll the current Jaws and l'eg1.llatiollS of the Commonwealth of PelUlSylvania, togathel' with the Bylaws of the Hospital
and Holy Spirit Hospital's Medical Staff Bylaws, all approved ethical and professional methods, practices and standards
of the medical and physical therapy professions, the Joint COl11missioll for Accreditation of Hospital OrganizatiollS, all
applicable Hospital policies, procedures, protocols, rules and regulations and all applicable federal regulations.
Hospital:
15, Entire Agreement and Modification. This Agreement constitutes the entire agreement by IU1d betweeJl
the parties hereto, This AgreemeJlt may not be llmended or modified, except in writing, signed by both parties hereto,
[TIllS SPACE LEFT BLANK INTENTIONALLY]
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,DP0374-00000IJuly I, 20021RJ{WIPARl4, _J
JN WITNESS WHEREOF, the palties hereto, intending to be legally bound hereby, have caused this
Agreement to be executed the day and year first above written.
Health System:
HOLY SPmIT HOSPITAL OF THE SISTERS
OF CmuSTIAN CHARITY
(SEAL)
ATTEST:
(As~ecretsry
-""
WITNESS:
Student:
?;~
--'
C!ViIUj4. cf~"
(SEAL)
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'000374-0DOOO/luly 1, 2002/lUlW/PAR/4,,,,,9
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~~~VJ-.-
: ss.
Ou".the...s.I1,O-+:-^ day of ' 200...2., before me, the undersigned o'fficer, personally
appeared ~ ,",,, ..... '^ 11 \'V'\/'>. ~\ ""'~ ~ho ac owle<!ged he/she to be the (Vice) President Human Resources of
Holy Spirit Hospital of the Sisters of Christillll ity, a not-for-profit corporation, and that helshe as such (Vice)
President, being authorize<! to do so, executed ti1e foregoing insu'ument for the purposes thel'ein contained by signing the
name oflbe corporation as (Vice) President
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
c*~>\ M~~
~ry Pu}lic .
~l'l1illission expires
(SEAL)
NOlerlll 8811
Cy~lhl. J, McElwn. Notary Publlo
Lonckmdany l\I!e.. DeuPll/n County
My Commilllhon .x;lltl. June S, 2003
MQI1\bor, p~;;;i; A...OIaI1On 0/ Notarle8
COMMONWEALTH OF PBNNSYL VANIA
: ss.
COUNTY OF
On this the I 't\ day of ~...~ ' 200~ before me, the undersigned officer, personally
appeared ...,... known e (or satisfactorily proven) to be the person(s) whose nal11e(s)
is/are subscribed to the within i strumont, and acknowledged that~ exeouted the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereul1to set my haud and official seal.
c.~~-- ~ \fr]t..I~
~ary yublic
~lmission expires . .
(SEAL)
Notarial Seal
Cynthl. J, McElwee, NOlery Public
Londonderry 11Np.. D8lJphln Counll'
My CommiSSion Expiro. Juno 5, 2003
Momber, Penn'y!vsnr. M'OCIsllon oll'lotarlss
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APPENDIX I
Hospital shall make direct payments to the educational institution as referred to herein for the items !Iud in the amounts
according to the itemized schedule provided below:
Name oflnstitution
TuitionlExDense
Amount
.pavment Schedule
p tA\.f\6'j I vONiIQ.. c.., Ilf~ e..
O~. Tu.VlV\clo')'1
PU'\,v'\~ 1'110.1"\\ 4. Col \l~
D ~ T ecVlr'\crl O~ '1
fill O~
Sp(IY\~ 03
4&5,;(.53
IDle" +- 11/~/o;J.
$f)n;>..05
~/;J'i I- lj IN 103
~ AmO\1l1tsfPayment appearing above may be subject to interim challges as mutually agreed UpOl1 by both parties.
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r. U ! 0
APPENDIX n
E:DUCA TIONAL LOAN REQUEST
(To b. completed by applying Student)
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.....,;.;:
WIX, WENGER & WEIDNER
Steven M. Williams, 10 # 62051
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHRISTIAN CHARITY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 06-4092 Civil Term
CARRIE A. JUMPER,
Defendant
CIVIL ACTION - lAW
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
TO THE PROTHONOTARY:
Please enter judgment by default in favor of Plaintiff and against Defendant, Carrie
A. Jumper, for her failure to plead to the Complaint in this action within the required time.
The Complaint, which was filed on July 19, 2006, contained a Notice to Defend the action
within 20 days from the date of service thereof. Defendant was served with the Complaint
on July 31,2006, and her answer was due to be filed on August 8,2006.
Attached as Exhibit A is a copy of Plaintiffs written Notice of Default in accordance
with Pa.R.C.P. 237.1, which I certify was mailed by regular mail to the Defendant at her
last known address on August 22, 2006, which is at least ten days prior to the filing of this
Praecipe. Defendant has failed to appear or take any action.
Please assess damages in the amount of $12,347.13, being the amount demanded
in the Complaint, plus costs and interest at the rate of 4.75% per annum from July 1,2006.
1
Respectfully Submitted,
Date: q \ '5 \ lW
WIX, WEN9ER & WEIDNER
L//~
By: ,
Steven M. Williams, 1.0. #62051
/508 North Second Street
I P.O. Box 845
.. Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
F:\smw\5069 (OUT TECH)\13900 (HOLY SPIRIT HOSPITAL V. CARRIE A. JUMPER)\DOCUMENTS\DEFAUL T JUDGMENT.doc
THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
EXHIBIT A
WIX, WENGER & WEIDNER
Steven M. Williams, 10 # 62051
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHRISTIAN CHARITY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 06-4092 Civil Term
CARRIE A. JUMPER,
Defendant
CIVIL ACTION - LAW
TO: Carrie A. Jumper
DATE OF NOTICE: August 22, 2006
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 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.
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 COUNTYLAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AVISO IMPORTANTE
A: Carrie A. Jumper
FECHA DEL AVISO: August 22,2006
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR
COMPARECENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO Y
SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS
QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE
DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AV1SO, LA CORTE PUEDE
TOMAR UNA DECISION EN CONTRA SUVA SIN TENER DERECHOS A UNA VISTA
Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORT ANTES.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CUALlFICAN.
CUMBERLAND COUNTYLAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
ER & WEIDNER
!~
,
Date: ~ r~~/C(P
B /
y:/
./Steven M. Williams, 1.0. #62051
./ 508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHRISTIAN CHARITY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO.06-4092 Civil Term
CARRIE A. JUMPER,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Notice was sent by first class, postage prepaid
mail this day to the following:
Carrie A. Jumper
95 Northcrest Road
York Haven, PA 17370
WIX, WENGER & WEIDNER
Date: ~/AAI(i(
{
~ 0\
By:
Alison . Zortman, Le . I Assistant
v
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
F:Ismw15069 (OUT TECH)113900 (HOLY SPIRIT HOSPITAL V. CARRIE A. JUMPER}IOOCUMENTSIOEFAUL T NOTICE.doc
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HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHRISTIAN CHARITY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 06-4092 Civil Term
CARRIE A. JUMPER,
Defendant
CIVil ACTION - lAW
To: Carrie A. Jumper, Defendant
You are hereby notified that on 0"........1....- "t , 2006, the following (Order) (Decree)
(Judgment) has been entered against y~ned case.
$12,347.13, plus costs and interest at the rate of 4.75% per annum from July 1, 2006.
~ 0
.~ )
Pro onotary .~
q //'f /o/c.
I I
DATE:
1 hereby certify that the name and address of the proper person(s) to receive this notice is:
Carrie A. Jumper
95 Northerest Road
York Haven, PA 17370
A: Carrie A. Jumper, Defendidos/as
Por este medio se Ie esta notifieando que el _ de del 2006, el/la siguiente
(GffieR), (Decreto), (Pallo) ha sido anotado en contra suya en el easo men cion ado en el epigrafe.
FECHA:
Prothonotario
Certifieo que la siguiente direeeion es la del defendido/a segun indieada en el eertifieado de
resideneia:
Carrie A. Jumper
95 Northerest Road
York Haven, PA 17370
Abogado del Demandante
F:\smw\5069 (OUT TECH}\13900 (HOLY SPIRIT HOSPITAL V. CARRIE A. JUMPER)\DOCUMENTS\236 NOTICE.doc
SHERIFF'S RETURN - OUT OF COUNTY
,CASE NO: 2006-04092 P
COMMONWEALTH OF PENNSYLVANIA:
t COUNTY OF CUMBERLAND
HOLY SPIRIT HOSPITAL OF THE SI
VS
JUMPER CARRIE A
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:
JUMPER CARRIE A
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On August
11th , 2006 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep York County
Postage
So
18.00
9.00
10.00
35.02
.78
72.80 .., Q/J..6'fQ{, ~
08/10/2006
WIX WENGER WEIDNER
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribe to before me
this
day of
A.D.
,
I
YORKTOWNE BUSINESS FORMS, INC, Ph. (710;') 845-595:; Fax (717) 848-8936 email: ybf@blazenet.net
/
1.
COUNTY OF YORK
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
2 COURT~~~'092 civil
TYPE OF '1t'O 'r co~p~lrt A
Notice &.Camplaint
1 PLAINTIFF/51
Hol Spirit Hospital of the Sisters of Christian Chari
3 DEFENDANT/51
Carrie A. Jumper
5 NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIED, ATTACHED, OR SOLD
Carrie A. Jumper
6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY. BORO. lWP . STATE AND ZIP CODE)
95 Northcrest Road York Haven, PA 17370
7. tNDICATE SERVICE a PERSONAL I.J PERSON IN CHARGE U DEPUTIZE '..J CE T IL U 1ST CLASS MAil U POSTED U OTHER
July ,20_ I, SHERIFF OF ..-COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute thO . make retur f.according
to law. This deputization being made at the request and risk of the plaintiff .
SERVE
.
AT
{
NOW
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING Sm'l''fE 0 F CO U NT Y
ADVANCE FEE PAID BY CUMBERLAND CO. SHERIFF.
Please mail return of service to Ctmberland County Sheriff. Thank you.
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy shenff levying upon or attaching any property under within wnt may leave same
WIthouI a watchman, in custody of whomever is found in possession. after notifying person of levy or attachment. WIthout IiablIity on the part of such deputy or the shenff to any plaln"ff
herein lor any loss, destruction, or removal of any property before shentrs sale thereof
9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNA TUR'$ T EVE N M. W ILL I AM S, E S ~10 TELEPHONE NUMBER
P.O.BOX 845, 508 N. SECOND ST., HARRISBURG, PA 17108 717-234-4182
12 SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW (This area must be completed" nobce IS 10 be 1l1aIIed)
CUMBERLAND CO. SHERIFF
.j.F_...F'OR..USE....OF'..THE............~..... _F..........
13 I acknowledge receipt of the wrtl 14. DATE RECEIVED
or compIalnt as IfIdicated above 7 _ 2 6 _ 2 0 0 6
11 DATE FilED
7/19/2006
16. HOW SERVED
17
POSTED ( )
POE(
SHERIFF'S OFFICE ( )
OTHER (
SEE REMARKS BELOW
23. Advance Costs
47. DATE
8/2/06
49 DATE