Loading...
HomeMy WebLinkAbout06-5821r COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. v10 -- spa I 0, 6, C l NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NA E OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. RN9,9,ksea6, AC.A- w 0q1 1.. 0Z ADDRESS OF APPELLANT CITY STATE ZIP CODE NICRMy5 11W-1 P? 1703 DATE OF JUDGMEN7 IN THE CASE OF (PLAINTIFF) 31LYIA) DF,EF,NDgNT) Cl ? II II Vs. S (?1'j(?l CLAIM NO. ` f SIGNATURE OF PE LANT O His ATTQRNEY OR AGENT CV YEAR LT YEAR lei' This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. No. 1001(6)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy I PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. Name of appellee(s) NOTICE OF APP AL appellee(s), to file a complaint in this appeal within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To Name of appellee(s) appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , Year Signature of Prothonotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow Appelant's Copy Pink - Appellee Copy Gold D. J. Copy Proth. - 76 PROOF OF SERVICE OF',NOTICE OF APPEAL AND,RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN.TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) _ year ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name on year , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ DAY OF , YEAR Signature of Affiant Signature of official before whom affidavit was made Title of official My commission expires on year _ r y(? U i4 C -n ?? 2 1 53 r' COMMONWEALTH OF PENNSYLVANIA Mag. Dist. No.: 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVE Address: 1901 STATE ST CAMP HILL, PA Telephone: (717 ) 761-0563 17011-0000 ATTORNEY FOR PLAINTIFF : JEFFREY N. YOFFE 214 SENATE AVE APT/STE 203 CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: FOR DEFENDANT Judgment: NOTICE OFCJIVDGCMENET/TRANSCRIPT PLAINTIFF: NAME and ADDRESS rH-ARRISBDRG ACADEMY 10 ERFORD RD woRMLEYSBORG, PA 17043 L J vs. DEFENDANT: NAME and ADDRESS rSILVA, CHRISTOPHER, ET AL. 257 N 24TH ST CAMP HILL, PA 17011 L J Docket No.: CV-0000145-06 Date Filed: 6/07/06 _ (Date of Judgment) .9/07/06 X ntered for: t d (Name) SILVA, CHRISTOPHER r 1 was e gmen Ju MY M Judgment was entered against: (Name) HARRISBURG ACADE in the amount of $ • 0 Defendants are jointly and severally liable. F1 Damages will be assessed on Date & Time 1-1 This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F1 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ • %r %F Judgment Costs $ .06 Interest on Judgment $ • 00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,,,t+: y_jralt t+? , { Date , ivlagisteriar Disitict Judge I certify that this is a true and correct copy of tie recbrd of the proceedings cbnt?mtngthe judgment:'. k' Date ., m4gisterial Qilsfrict uiige N' My commission expires first Monday of January, 2012 '•,,r? "• SEAL" AOPC 315-06 DATE PRINTED: 9/07/06 3:48:00 PM NOTICE OF JUDGMENT/TRANSCRIPT COMMONWEALTH OF PENNSYLVANIA CIVIL CASE 'r COUNTY OR CUKBZA LLAIRD PLAINTIFF: NAME and ADDRESS -? Mag. Dist. No.: ?aA$$ISBDBa ACADMY 09-1-Oa 10 ERFORD RD MDJName: Hon:. ?,gygB,?O, PA 17043 - R0333RT V . MANLOVS J Address 1901 STATE ST ?- VS. CAMP HILL, PA DEFENDANT: NAME and ADDRESS _ 17011-0000 761-0583 CHHISTOP88R, 8T AL• fSILVA, . Telephone: (717) 257 ': If 24TH ST CAir[P HILL, PA 17011 ATTORNEt 'FOR PLAINTIFF J L Jgggggy N. YOFFB E APT/STS 203 Docket No.: CV-0000145-06 214 88>dIATB AV Date Filed: 6/07/06 CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: EI AHT _ 9/07/0.6r P (Pate of JudbiVent) j, FO$- DEF =Jud'90 ent: i Judgment was entered for: (Name) SILVA, ANY l • +(Name) HARRISBURG ACADZKY ® Judgment was entered agans . .0 in the amount of $ M Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 E Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment $' 00 Attorney Fees $ .`00 Total Post Judgment Credits $` Post Judgment Costs $ I Certified Judgment Total $ DIVISION. YOU ANYW WHAS THE RIGHT TO APPEAL ITH THE PROTHONOTARY/CLERK HOF THE COURT F COMMON PLEAS, C VILE NOTICE OF APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. NT HOLDER ELECTS VI ENTER T E .NE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE EXCEPT AS OTHERWISE PROVIDED E T JUDGMENTS IN THE COOK. QF.COMMON RLEA.S, ALL-FURTHER PROCESS MUST i§TtRIAL THE 4WISSUtD JUDGEMENT AAY DISTRICT COME FROM SS TTHE'C GME T IS N THE COURT OF COMMON PLEAS, ANYONE INTER STED IN MiGE JUDGMENT MAY FILE JUDGE. UNLESS THE JUDGMENT S E A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. My commission expires first Monday of January, cola• AOPC 315-06 DATE PRINTED: 9/07/06 ,`tsk311 Y" '}?lagi?st ckal ©isJfict Judge .:,. he.proceedings-c&.tBtLi.Nltr Judgment. . Mterial (strict judge a, SEAL' 3:49:00 PM THE HARRISBURG ACADEMY, Plaintiff VS. CHRISTOPHER SILVA and AMY SILVA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 (o -- SyPoZ lv t C, CIVIL ACTION 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 (800)990-9108 NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 (800)990-9108 THE HARRISBURG ACADEMY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. CHRISTOPHER SILVA and AMY SILVA, CIVIL ACTION Defendants COMPLAINT 1. Plaintiff is The Harrisburg Academy, located at 10 Erford Road, Wormleysburg, PA 17043. 2. Defendants are Christopher Silva and Amy Silva, adult individuals who reside at 257 North 24th Street, Camp Hill, PA 17011. 3. Plaintiff is a private institution providing education to children at various grade levels. 4. On March 25, 2005 Plaintiff and Defendants entered into a written contract entitled "Enrollment Agreement" and the same is attached hereto as Exhibit "A". 5. The enrollment agreement pertains to the daughter of Defendants enrolling in the Harrisburg Academy for the 2005 - 2006 school year. 6. On the first page of the enrollment agreement, under the heading "Please Read Carefully", said contract obligated Defendants to pay to Plaintiff the sum of $2,500.00 if Defendants did not cancel the enrollment agreement prior to June 1, 2005. 7. The first instance when Plaintiff received any kind of notice that Defendants were canceling the enrollment agreement was June 20, 2005 via a telephone call from Amy Silva to the Harrisburg Academy. 8. Pursuant to the enrollment agreement, the charge to Defendants increases if cancellation occurs on or after July 1, 2005, however, for purposes of this complaint, those provisions are not relevant since notice of cancellation was given prior to July 1, 2005. 9. The aforesaid enrollment agreement provides that "All attorneys' fees and collection fees plus interest and costs, shall be added to the outstanding balance." 10. In this case, collection costs are $750.00. 11. On November 16, 2005 an invoice was sent to Defendants requesting payment of the aforesaid $2,500.00. 12. The first paragraph of the enrollment agreement provides that the default rate of interest on unpaid balances is 12% per annum. 13. December 1, 2005 is more then 30 days after the November 16, 2005 written demand for payment. 14. Pursuant to the enrollment agreement, Defendants owe to Plaintiffs interest at the rate of 12% per annum, on $2,500.00, starting from December 1, 2005. 15. 12% interest on $2,500.00 from December 1, 2005 up to and including September 30, 2006 equals $249.86. 16. Interest after September 30, 2006 continues to accrue at the rate of $.8219 per day. 17. As of September 30, 2006, the total balance owing by Defendants to Plaintiff is $3,499.86 ($2,500.00 plus $750.00 plus $249.86). 18. Plaintiff has requested that Defendants pay the aforesaid balance, however, Defendants refuse to pay the same. WHEREFORE, The Harrisburg Academy requests judgment against Christopher Silva and Amy Silva in the amount of $3,499.86 plus whatever pre judgment interest at 12% per year accrues on the unpaid balance on or after September 30, 2006. YOFFE & YOFFE, P.C. By . F N. YO , ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 THE HARRISBURG ACADEMY, Plaintiff VS. CHRISTOPHER SILVA and AMY SILVA, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. THE HARRISBURG ACADEMY Dated: &Ipt? Zb) 2ot)6 By 4- ?' . Name: David C. Zett Title: Business Manager 09/05/2006 11:51 717-975-0894 HARRISBURG ACADEMY THE HAR)(tfSEU1.2.G ACADEMY 10 Erford Road Wormlcysburg, PA 17043 2005 - 2006 ENROLLMENT AGREEMENT PAGE 06 3)?,-11 057 61 3 g v T'he.Harrisburg Academy having offered enrollment to Madeleine Silva for the academic year 2005.2006 as a student in grade 5, we herewith forward as a non- refundable advance deposit on account of tuition for that academic year, the amount cf 5750,00, We understand that by signing and returning this enrollment contract we have unconditionally obligated ourselves to pay the full years tuition and fees, as shown on the reverae side of this page, for the applicable grade, and are reserving a plate for our child for the entire academic year. We understand and agree that our obligation for the full year's tuition and fees will not he reduced or excused by withdrawal, dismissal from The Academy, illness, disability, death or any other absence for any cause since we recognize and acknowledge that such withdrawal, dismissal or absence will not materially reduce The Academy's cost, or permit The Academy to recoup lost income, and that therefore payment of the full year's tuition and fees is fair and reasonable measure of the liquidated damages which The Academy will suffer in such event. We understand that The Academy's permitting tuition or fees to be paid in installments does not affect our liability for the full year's tuition. if any balance due on the applicable payment plan remains unpaid for thirty (30) days after written demand for payment, the account may be referred to your attorney for collection. All attorneys' fees and collection fees plus interest and costs, shall be added to the outstanding balance. The default rate of interest shall be 12% per annum. We understand that by signing this enrollment agreement for the cording academic year we accept the rules and regulations of The Harrisburg Academy as of this date and such rules and regulations as it may issue from time to time hereafter. Unless otherwise directed in writing by both parents/legal guardians of Student, it is the policy of The Academy to provide equal access to all information concerning Student to those parents or legal guardians who execute this Enrollment Agreement. ("Signators'? The Academy will provide mailings and student information to the Signators at the address(es) provided. The Academy's administrative and teaching staff will make such information available to Signators. By executing this agreement, such parents and/or legal guardians certify that they have a parental or legal guardianship tights with respect to the Stodcnt, information will not be provided to any other individual,-inctuding non- custodial parents or step-pa cnts, unless a writtcn request, accompanied by appropriate and adequate proof in writing of right-toaccess to such information, is provided and signed by the parents/legal guardians to The Academy. We understand that (1) if our child is dismissed from or leaves The Academy for any reason the full amount of tuition and fees becomes due immediately, and (2) if any payment for tuition or fees owing to The Academy is past due in whole or in part, The Academy reserves the right to remove our child from school, and such action by The Academy shall not affect its rights to fall payment of tuition or fees as set forth above. The decision of the Head of School to remove or to dismiss our child shall be final and legally binding in all circumstances. It is further agreed that enrollment of our child as specified within this agreement may be canceled without additional charge, except Payment of the $750.00 non-refundable advance deposit, if written notice is received by The Academy rior to June 1, 2oo5, if written notice Is not received prior to June 1, 2005, but is received by The Academy Business Office rior to July 1, 2005, a cancellation charge of $2,500 (in addition to the non-refundable 5750.00 advance deposit) will be due and payable. Failure to provide written notice to The Written notice for purposes of this agreement is any mode of delivery with a signed acknowledgment by the Business Office staff including Certified Mall, Federal Express or personal delivery to the Business Office. We also understand that The Academy makes available to parents the Tuition Refund Plan, an insurance program described io the enclosed leaflet. Parents who do not pay the annual tuition and fees in full, by August 26, 2005, must participate in the Tuition Refund Plan or must present evidence satisfactory to The Academy that they have secured comparable coverage elsewhere- Participation is elective for those who pay the total annual tuition and fees by August 26, 2005. A one-time annual premium for the Tuition Refund Plan will be billed when tuition is billed. This program will give us in opportimity to insure a portion of tuition, annual charges or -fees (prepaid and due) in the event of absence or separation of our child, according to the terms of the policy. Additionally we authorize and direct The Acadcmy to collect any claim or payment to which we arc cnti0cd under the Tuition Refund Plan and to credit our account, paying any excm to us. We hereby appoint The Academy's Business Manager m our attorney-in-fact to sign any documents to collect any such claim or payment. Method of Tuition and Fee Payment (Check A or B in the appropriate space below) As part of this agreement we are indicating below the tuition and fees payment method that we would like to use: A• Payment in full by August 26, 2005. (The coupon monthly payment plan must be used after this date.) We Want Tuition Refund Insurance: yES NO B. Coupon Monthly Payment Plan ---Eleven (11) or less, monthly payments commencing August 1, 2005, due themflcr' the first day ofeach month (There is a service charge for using this plan). Tuition Refund Insurance is required. We understand that by indicating payment Plan B above, that we authorize The Academy to conduct a credit check before agreeing to payment terms requested. We agree to pay a $25.00 fee for any check returned to The Academy for non-payment. A $750.00 enrollment dentisit for the 2005-2006 school year must be included with this signed agreement for agreement to be all Date 200,5- L? Father' (Guar ' n) Signature Date 3 - 05 z0_2?j- Mother's( uardian) Signature Date ZO Date 20 RETURN TWO SIGNED COPIES TO ABOVE ADDRESS EXHIBIT "A" . bJ/b5/2Udb 11:51 (1(-J(5-U8J4 HANRibbUKU ALADEMY HAUE U( THE HU-RISBURG ACADEMY Tuition Schedule 2005-2006 GRADE LEVEL N Jr K R 1-4 5-8 9-12* TUITION & FEES 7,514 9,910 10,926 11,494 12,01 13,064 TUITION REFUND INSURANCE 150 198 219 230 253 261 TOTAL 7,664 10,108 11,145 11,724 .12,926 13,325 PAYMENT PLAN SERVICE CHARGE 300 408 453 478 529 546 MONTHLY PAYMENTS** (11J 724 956 1,059 1,109 1,223 X,26]. *PLEASE NOTE-There is an additional fee of $100.00 for Senior graduation expenses. Payments are to be made 'the first clay of each month, Aug_ 1.st through June lst The Academy offers a discount for each family enrolling tYLree a,r, more, students at the Academy. The discount will be $1,000. total per fsm:i.J.y. EXHIBIT "A" C'° f.d v , r_ M Cr tti Postage $ o (C 3 M O certified Fee O O Return Reciept Fee (Endorsement Required) , 7S J C3 ul Restricted Delivery Fee (Endorsement Required) r1__ Total Postage & Fees ?, tSD C7 rv Qz:D Postmark `:, :. - _ Here r f F -T7 _ 1t-7 r LvY-- -_-- --------- --------- 1 orPOBoxNo. -- -?? ?I?Ir\ p?LI 1I e Cyr ------------------ CityI - - --°- °-- - °--- PROOF OF SEFMCE OF`NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10)' DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served INI a copy of the Notice of Appeal, Common Pleas No. : 01,p - 5_9a1' , upon the District Justice designated therein on (date of service) t?C TOY„K'iF- year &Qcko E] by personal service Oby (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name M, c( Ci^yls-Dwiher S_1 l?/GL• , on b?) k3k year. ? by persona service Is by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year by personal service by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ T1f DAY OF ? YEAR c[tJUP. _ i` Signature ofAttiant Sfdnj?ure of offids afore whom affidab'rt was made Title of official My commission expires on , year COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeffrey N. Yoffe. Notary Public t Pennsboro Twp.. Cumberland County My y Commission Expires Oct. 23, 2008 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTR'T JUSTICE JUDGMENT ?: COMMON PLEAS No.? „ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. ADDRESS OF APPELLANT CITY STATE ZIP CODE 10 LF1fnI2-b DATE OF JUDGMEN1 IN THE CASE OF (PLAINTIFF) ' t /? DE,EENDg f) ``jj''11]] 11j.?..1 C A. ° c r vs. I fA r `t 1=?i'}TD7`tt t 7C .. CLAIM NO. ? / "'?('?j'? SIGNATURE OF PE LANT OR HIS ATTQRNEY OR AGENT CV YEAR Ci?l- ID/S? I (-?rJ-CAO (*Iq k f .?. LT YEAR Ave, + 94 This block will be signed ONLY when this notation is required under PA. If appellant was. Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. No. 1001(6)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal (Common Pleas No. RULE: To Name of appellee(s) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. appellee(s) Name of appellee(s) Signature of appellant or his attorney or agent - (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , Year Signature of Prothonotary or Deputy White Prothonotary Copy Green Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold D. J. Copy Proth. - 76 THE HARRISBURG ACADEMY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-5821 CHRISTOPHER SILVA and AMY SILVA, CIVIL ACTION Defendants CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served a copy of the complaint filed of record in this case on the below individuals. Service was accomplished by mailing the complaint to the below individuals at the addresses indicated. Mailing was done to each individual by U.S. Certified Mail and U.S. regular mail. Amy Silva 257 North 24th Street Camp Hill, PA 17011 Christopher Silva 257 North 24th Street Camp Hill, PA 17011 Date: October 6, 2006 C3 fL .A Q- m 0 0 O OFFI CIAL USPIE Pottage $ .(03 Celled Fee av y 0 k P Retum Redept Fee ostmar Were (Endorsement Required) 1 b J Reatrktad Delivery Fee (f ndoreement Required) Total Postage & Fees is 4- O C3 Ln r - C3 S ° ?S?hel? S? Iva. _. meek ?? :-- ---.__........,-•--------------------? -------------•------------ - ---- --------?..?..------ - - - ---------------- G" 1b l I , PA 1-7011 YOFFE & YOFFE, P.C. By A RE N. Y FE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 Postal ru a CERTIFIED MAIL., RECEIPT (Domestic Only, Coverage Provided) F Er or delivery information visit our website at www.usps.com, OFFICIAL USE ? Postage $ b ?q M M 0"Ifed Fas D O O Postmark ) Were C3 Restricted Delivery Fee (Endorsem9nt Required) r r..a Total Postage & Few $ 4- - - r- y , , -- C3 '5W To or POBcorllb ' ? D -Q Z X01 Ski S - __4 .. THE HARRISBURG ACADEMY plaintiff vs. CHRISTOPHER SILVA AND AMY SIL VA Defendants IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY PENNSYLVANIA NO 06-5821 CIVIL TERM CIVIL ACTION ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM Defendants Christopher R. Silva and Amy L. Silva answers the Complaint in the above captioned matter, includes New Matter and Counterclaim and avers in support as follows: 1. Admitted on information and belief. 2. Admitted. 3. Admitted on information and belief. 4. Denied, and strict proof thereof demanded at trial. To the contrary, Defendants Christopher R. Silva and Amy L. Silva dispute any liability to Plaintiff: as the Enrollment Agreement was orally modified by the admissions office which advised the Silva's that by applying for financial aid from the school that they were under no performance obligation to the Plaintiff. The Defendants were further advised that should they choose to withdraw their daughter at any time before the school year commenced, they would be entitled to a refund of the $350.00 deposit. The enrollment agreement was modified at the time it was executed as evidenced by the reduction in the deposit required by the Plaintiff. The modified agreement was accepted and annotated by the Plaintiff on the upper right hand comer of the original enrollment agreement and the same is attached hereto as Exhibit "A". Further, a copy of the Defendants cancelled check in amount of $350.00, which corresponds to the amount annotated by Steve Preston, the Accountant for the Plaintiff on the modified enrollment agreement is attached hereto as Exhibit "B". 5. The averment is a legal conclusion to which no response is required and is therefore denied. To the extent an answer is required the averment is denied as Defendants Christopher and Amy Silva were operating under a modified agreement that had been made with the Admissions office as evidenced in Exhibit "A" and Exhibit "B" 6. The averment is a legal conclusion to which no response is required and is therefore denied. To the extent an answer is required the averment is denied as Defendants Christopher and Amy Silva were operating under a modified agreement that had been made with the Admissions office as evidenced in Exhibit "A" and Exhibit "B". Further, On the first page of the enrollment agreement just above the signatures two lines of type are separated from the balance of the document by double space, and, the type is bold and underlined reads as follows. "A $750.00 enrollment deposit for the 2005-2006 school year must be included with this signed agreement for this agreement to be valid. " On direct examination in a hearing before District Justice Hon. Robert V. Manlove [Docket No. CV-0000145-06]. Heard September 1st, 2006. David Zett, business manager for the Plaintiff was directed to read the above quoted text from the enrollment agreement. After doing so, Defendant Christopher Silva asked Mr. Zett for his understanding of the meaning of the word "Valid". Mr. Zetts response was a single word "Enforceable". Therefore, if plaintiff denies that any oral modification of the agreement took place, then by the agreements own terms it never became valid, i.e. enforceable. 7. Admitted 8. The averment is a legal conclusion to which no response is required and is therefore denied. To the extent an answer is required the averment is denied as Defendants Christopher and Amy Silva were operating under a modified agreement that had been made with the Admissions office as evidenced in Exhibit "A" and Exhibit "B" 9. The averment is a legal conclusion to which no response is required and is therefore denied. To the extent an answer is required the averment is denied as Defendants Christopher and Amy Silva were operating under a modified agreement that had been made with the Admissions office as evidenced in Exhibit "A" and Exhibit "B" 10. Denied 11. Admitted 1.2. Denied. Defendants Christopher and Amy Silva were operating under a modified agreement that had been made with the Admissions office as evidenced in Exhibit "A" and Exhibit "B" 13. Denied. December 1, 2005 is NOT more than 30 days after the November, l0h, 2005 demand for payment was made. 14. Denied. Defendants Christopher and Amy Silva were operating under a modified agreement that had been made with the Admissions office as evidenced in Exhibit "A" and Exhibit "B" 15. Denied. Defendants Christopher and Amy Silva were operating under a modified agreement that had been made with the Admissions office as evidenced in Exhibit "A" and Exhibit "B" 16. Denied. Defendants Christopher and Amy Silva were operating under a modified agreement that had been made with the Admissions office as evidenced in Exhibit "A" and Exhibit "B" 17. Denied. Defendants Christopher and Amy Silva were operating under a modified agreement that had been made with the Admissions office as evidenced in Exhibit "A" and Exhibit "B" WHEREFORE, Christopher R. Silva and Amy L. Silva respectfully request that the Court dismiss the Complaint, enter judgment in their favor and against The Harrisburg Academy, and award them such other further relief as may be just. NEW MATTER 18. Plaintiff fails to state a claim on which relief may be granted. Because, inter ali& plaintiff fails to allege that it suffered any damages as a result of any alleged breach. 19. Plaintiffs averments are barred by the doctrine of accord and satisfaction because the plaintiff accepted a check for $350.00 20, Plaintiff did not suffer any damages because it did not incur the cost of educating the defendants daughter during the 20005-2006 school year. 21. To the extent that any valid contract ever existed, Defendants rescinded it by not enrolling their daughter in the plaintiffs school for the 2005-2006 school year. Such rescission occurred before either party performed under the alleged contract, except for the defendants V payment of a $350.00 deposit which Plaintiff induced the Defendants to tender by stating it was refundable. 22. Plaintiff then reneged on the claim of refundability by refusing to refund the $350 after the Defendants informed the Plaintiff of the rescission. 23. Plaintiff had a duty to mitigate any damages that it believed it suffered or would suffer by enrolling another student in defendants daughters place. 24. To the extent that the Enrollment Agreement purports to create a "contractual" relationship, which the Defendants deny, the same is unenforceable where, as here, Plaintiff modified its underlying terms. 25. Neither Christopher R. Silva or Amy L. Silva is bound to pay "$3,499.86." 26. Any Deposit amounts, Dis-enrollment fees, Collection Fees or Interest claimed by Plaintiff are unreasonable and unenforceable. COUNTERCLAIM Count I Christopher R. and Amy L. Silva. v. The Harrisburg Academy - Breach of Contract 27. Christopher R. Silva and Amy L. Silva incorporates by reference its averments in paragraphs 1 through 26 of the foregoing Pleading. 28. On or about February 15 2005, Defendants decided to withdraw their daughter from the Harrisburg Academy where she had been a student for the preceding 5 school years. The Defendants had recently started their own small business and the tuition had become a financial hardship. .,r 29. Upon hearing of the Silva's decision, Jessica Warren, Admissions director for the Plaintiff began a series of coercive conversations with both Defendants in an attempt to persuade them to re-enroll their daughter at the Harrisburg Academy. These conversations happened both in person at the Harrisburg Academy and via Telephone to the Defendants home. 30. During that series of conversations, Ms. Warren encouraged Defendants to apply for Financial Aid from the Academy, and, further encouraged them to enroll their son at the Harrisburg Academy, explaining that the cumulative award of aid would be greater for each individual child if both were enrolled. 31. Defendants communicated their reticence to Ms. Warren during the course of the contacts that she initiated with them and were clear with her about their financial situation. 32. On or about March 25t', 2005 Ms. Warren succeeded in getting the Silva's to sign an Enrollment Agreement for their daughter for the 2005-2006 school year by assuring them that there would be no obligation on them should they choose to withdraw their daughter before the commencement of the 2005-2006 school year. Ms. Warren went on to tell Amy Silva that should she choose to withdraw her daughter, she would be entitled to her $350.00 deposit back. Ms. Warren also negotiated a deposit amount lower than the amount previously offered to the Defendants. 33. Ms. Warren stated to the Defendants that she needed to have the signed enrollment agreement to "hold a place" for their daughter despite having direct knowledge that there were numerous spaces available in the 5 h grade classes. 34. In summary, Plaintiffs took a $350 deposit that they represented would be refundable at any time before the start of the 2005-2006 school year; then when the Defendants informed the Plaintiff that Defendants daughter would not be enrolling for such school year Plaintiffs not only refuse to refund the deposit, but now seek to make defendants pay plaintiffs the cost of educating their daughter when defendants daughter has never been enrolled as a student at the Plaintiff school during the 2005-2006 school year. To require Defendant to pay such cost would defy logic. 35. WHEREFORE, Christopher R. Silva and Amy L. Silva respectfully requests that the Court enter judgment in their favor and against The Harrisburg Academy in an amount of $350.00. Less than Twenty-Five Thousand dollars, the limit for compulsory arbitration of claims in Cumberland County, plus such other further relief as may be just. / KID BY CHRISTOPHER R. SILVA Defendant 257 North 24"' Street Camp Hill, PA 17011 J 1 09/05/2006 11:51 717-975-0694 HARRISBURG ACADEMY THE HARMS13URG ACADEMY 10 Erford Road Wormicysbtug, PA 17043 2005 - 2006 ENROLLMENT AGREEMENT PAGE 06 6t ?5° The ]iaixisburg Academy having offered enrollment to madelaine Silva for the academic year 2005-2006 as a student in grade 5, we herewith forward as a non- refundable advance deposit on account of tuition for that academic year, the amount of 5750,00. We understand that by signing and returning this cnrrllment contract we have unconditionally obligated ourselves to pay the full year's tuition and fees, as shown on the reverse side of this page, for the applicable grade, and are reserving a plate for our child for the entire academic year. We understand and agree that our obligation for the full year's tuition and fees will not be reduced or excused by withdrawal, dismissai from The Academy, illness, disability, death or any other absence for any cause since we recognize and acknowledge that such withdrawal, dismissal or absence will not materially reduce The Academy's cos4 or permit The Academy to recoup lost income, and that therefore payment of the full year's tuition and fees is fair and reasonable measure of the liquidated damages which The Academy will suffer in such event. We understand that The Academy's permitting tuition or fees to be paid in installments does not affect our liability for the full year's tuition. If any balance due on the applicable payment plan remains unpaid for thirty (30) days after writtrr, for payment, the account may be referred to your 2uomey for collection. All attomeys' fees and collection fees plus interest and costs, 0,,Al Lc added to the outstanding balance. The default rate of interest shall be 12% per annum. We understana that by signing this enrollment agreement for the coming academic year we accept the rules and regulations of The Harrisburg Academy as of tL s date and such rules and regulations as it may issue from time to time hereafter. Unless othcrH sc directed in writing by bod+ parentsilegat guardians of Student, it is the policy of The Academy to provide equal access to all information cenc,-,rIwg Student io these parents or legal guardians who execute this Enrollment Agreement. ("Signators") The Academy will provide mailings and student information to die Signators at the address(es) provided. The Academy's administrative and teaching staff tai a rake such information available to Signators. By executing this agreement, such parents and/or legal guardians certify that they have a parental or I,gst guardianship rights with respect to the Student. Information will not be provided to any other individual, including oon- custodial parents or stcp-parents, unless a written request, accompanied by appropriate and adequate proof in writing of tight-to-access to such information, is ,: i-i.icd and signed by the parentsAegal guardians to The Academy. We undcrst:,:r_ tl.at (1) if our child is dismissed from or leaves The Academy for any reason the full amount of tuition and fees becomes due immediately, wi,c (2; if ,ii:y payment for tuition or fees owing to The Academy is past due io whole or in part, The Academy reserves the right to remove our chiid :io,n scaool, and such action by The Academy shall not affect its rights to felt payment of tuition or fees as 'set forth above. The decision of the ; i ;.,t of S.'aool to remove or to dismiss our child shall be final and legally binding in all circumstances. It is furore. ?;'l=• that enrollment of our child as specified within this agreement spay be castceled without additional charge, except payment of A h; 0;..00 non-refundable advance deposit, If written notice is received by The Academy prior to June 1, 2005. It written notice is uo: ; „ u ;rt for to June 1, 2005, but is received by The Academy Business Office prior to July 1, 2005, a cancellation charge of s2,5bu to the con-refundable 57S0.00 advance deposit) wilt be due and payable. Failure to provide written notice to The Harri>i,,,: - ; ,. ,,_Husiness Office of withdrawal prior to July- 1 2005 will result to the full tuition sad fees bey . n and Dayable. Written ,.:r ;'o, poses of this agreement is any mode of delivery with it signed acknowledgment by the Business Olfrcc staff inCludie:: ::Rail, Federal Express or personal delivery to the Business Office. We also wi:xr..:a:;d C:.,t The Academy makes available to parents the Tuition Rcfund Plan, an insurance program described in the encloscd leaflet Parents wh., d: ;uutual tuition and fees in full, by August 26, zoos, must participate in the Tuition Refund Plan or must present evidence satisfactory t, T ..,,_ :_:ny that they have secured comparable coverage elsewhere. Participation is elective for those who pay the total annual tuition and fee , i 25, 2005. A one-time annual premium for the Tuition Refund Plan will be billed when tuition is billed. This program will give us an of i; , i n ,ure a portion of tuition, annual charges or fees (prepaid and due) in the event of absence or separation of our child, according to ri.- :,, policy. Additionally we authorize and direct The Acadcmy to collect any claim or payment to which we arc entitled under the Tw : .....:.: 1'1an and to credit our account, paying any excess to us. We hereby appoint The Academy's Business Manater as our attomey-in•f - n ercumcnts to colicct any such slain or payment. Njci I-a of '1 uition and Fee Payment (Check A or B in the appropriate space below) As;, :;, -. ,;:::. cement we arc indicating below the tuition and fees payment method that we would like to use: full by August 26, 2005, (The coupon monthly payment plan must be used after this date.) We Want Tuition Refund Insurance: YES NO 4 ,t Monthly Payment Plan - Eleven (11) or less, monthly payments commencing August I, 2005, due thereafter ;t dry of each month (There is a service charge for using this plan). Tuition Refund Insurance is required. :'.`c ..... .......:_:+t by indicating payment Plan B above, that we authorize The Academy to conduct a credit check before ,cnt terms requested. 525.00 fee for any checkretumed to The Academy for non-payment. A ;i; _ylrollment deposit for the 2005-2006 school year must be included with this sieved ill. the asyreement to be valid. Father' (Guar ' n) Signature Date Mother's ( uardian) Signature f X N/61T aaA to Date_____- ._.; Date _ RETURN TWO SIGNED COPIES TO ABOVE ADDRESS 64 ' 09/b5/2bbb 11: HAKRISSUHU ACADEMY H96E er TUITION REF: PAYMENT PLAT, MONTHLY PAYM *?LEASE NOTF' Payments ar• The Academy students at _ aa:Y ianal fee of $10 0.00 for Senior graduation expenses. -irst day o f each month, Au g- 7.st through June ].at •cour:? for each family enrolling three or more !r discount will he 1,000- total per f8mi.l.y• THE RT;RRISBURG ACADEMY Tuition Schedule 2005-2006 N Jr K K 1-4 5-8 9-12* 7,514 9,910 10,92 11,494 12,673 13,061 150 198 219 230 253 261 7,6 4 10,108 11,145 11,72.4 1x,926 13,325 300 400 453 478 529 546 72 ' # 9 956 1,059 1,109 1,223 X,26I. 09/05/08 TUE 13:42 FAX 724 983 3510 . Leza?y B akank Stare pour awn k%W. DEPOSIT OPERATIONS Current Date: Account Number: Capture Date: Item Number: Posted Date- Amount: Record Type: X1003 September 05, 2006 100037655 April 11, 2006 30006554575 April 11, 2005 $350.00 Debit CHRISTOPHER R. SILVA $13 3 1970 AMY L SILVA 10=555 25T N. 24TH swET ph Ctn. Z" n DAMP HILL, PA t7w two 3 ORDER DF t Legs ank -: ar• {k ??s ?? 0,0 313 i lq 60 6?: 11' 1000 3 7 5 5 5 i 0 eooo00 3 5C ooe L12727 1 4 690 ?r >0 1 To 1360 t t c P01,8 B27 P9 ;?. rj?1MME3i0? B?4K NA 041 12006, 04/08/2005 H$'??'F2?Y }iI?L.i. r NJ 001000040 r^ s--nHIt,A '' ? I a v E3V 7 - S 0339 C:-- 103:3 PX= I 1 u -• " O D 0 C) j) c,13 > O 1 wo °z . .. b. . -awj. EXNIelf "a" THE HARRISBURG ACADEMY ? IN THE COURT OF COMMON PLEAS OF plaintiff 'CUMBERLAND COUNTY PENNSYLVANIA VS :NO 06-5821 CIVIL TERM CHRISTOPHER SILVA AND AMY SILVA :CIVIL ACTION Defendants CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served a copy of the answer to complaint, new matter and counterclaim of record in this case on the individual below. Service was accomplished by mailing the complaint to the below individuals at the addresses indicated. Mailing was done to the individual by U.S Certified mail and US regular mail. R. Silva 257 North 24th Street Camp Hill, PA 17011 717-761-9268 0 Q ?? e . THE HARRISBURG ACADEMY, Plaintiff VS. CHRISTOPHER SILVA and AMY SILVA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5821 CIVIL TERM NO. CIVIL ACTION PLAINTIFF'S RESPONSE TO DEFENDANTS' NEW MATTER 18. Denied. Damages were incurred by Plaintiff. 19. Denied. Accord and satisfaction do not bar Plaintiffs cause of action. 20. Denied. Plaintiffs did suffer damages as set forth in the complaint, said complaint being incorporated herein by reference. 21. Denied. As set forth in the complaint, said complaint being incorporated herein by reference, Defendants did not timely rescind the contract so as to relieve themselves from further liability in addition to the $350.00 deposit. It is denied Plaintiff said the $350.00 was simply "refundable". Plaintiff told Defendants that if they did not accept a financial aid package, then Plaintiff would refund the $350.00 deposit. Defendants did accept a financial aid package and therefore the $350.00 was not refundable. 22. Denied. Plaintiff had no obligation to refund the $350.00. 23. Denied. Since the relevant grade in question remained unfilled for the 2005-2006 school year, enrolling a student in place of Defendants' daughter does nothing to lessen Plaintiff s damages. 24. Denied. The enrollment agreement is an enforceable contract. 25. Denied. Plaintiff is entitled to the relief requested in the complaint. 26. Denied. All claims made by Plaintiff in this case are reasonable and enforceable. WHEREFORE, Plaintiff requests that judgment be entered against Defendants as requested in the complaint. PLAINTIFF'S RESPONSE TO DEFENDANTS' COUNTERCLAIM 27. No response required. 28. Denied. June 20, 2005 was the first the Harrisburg Academy learned that the Defendants decided to withdraw their daughter from the Harrisburg Academy. 29. Denied. Any conversations that Jessica Warren had with the Silvas were not coercive. 30. Denied. While the Silvas were encouraged to apply for financial aid because they had already received it for the prior school year, the individual awards would not necessarily have been greater. 31. Admitted. In response to the Silvas concerns and Plaintiff s understanding of their financial situation, the Harrisburg Academy responded with a second written financial aid offer that was higher than the original offer and was ultimately accepted in writing dated May 31, 2005. 32. Denied. On or about March 25, 2005, neither Jessica Warren or anyone else from the Harrisburg Academy represented to the Silvas 1) there would be no obligation on them should they choose to withdraw their daughter before the commencement of the 2005-2006 school year; or 2) that the Silvas would get their $350.00 deposit back. It is Denied the $350.00 was less than the amount "previously offered to the Defendants". $350.00 was always the amount verbally offered to the Defendants. The enrollment agreement provided in writing for a $750.00 deposit, however, in Defendants' case, at all relevant times, the Harrisburg Academy voluntarily reduced that charge to $350.00. 33. Admitted that this is the Harrisburg Academy's standard policy in enrolling students. At the time that the Silvas signed and returned their enrollment agreement the Academy could not know about the future course of enrollment for any grade. Therefore, it is Denied the Harrisburg Academy had "direct knowledge that there were numerous spaces available ... " 34. Denied. It is denied Plaintiff said the $350.00 was simply "refundable". Plaintiff told Defendants that if they did not accept a financial aid package, then Plaintiff would refund the $350.00 deposit. Defendants did accept a financial aid package and therefore the $350.00 was not refundable. It is Denied Plaintiff is seeking a judgment for the amount it would costs to educate the daughter of Defendants. Plaintiff is seeking a lesser amount - an amount exactly in accordance with the terms of the enrollment agreement. WHEREFORE, Plaintiff requests that Defendants' counterclaim be dismissed. YOFFE & YOFFE, P.C. A By /?, V -- - Jeffrey . Yoffe, sq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net ti '. Z THE HARRISBURG ACADEMY, Plaintiff VS. CHRISTOPHER SILVA and AMY SILVA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5821 CIVIL TERM CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing pleading on both Defendants in separately addressed envelopes. Service was accomplished by mailing the same by first class U.S. mail as follows: Christopher Silva 257 North 24th Street Camp Hill, PA 17011 Amy Silva 257 North 24th Street Camp Hill, PA 17011 YOFFE & YOFFE, P.C. Date: November 20, 2006 By , Jeffr N. Yof e, Esq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net THE HARRISBURG ACADEMY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-5821 CIVIL TERM CHRISTOPHER SILVA and AMY SILVA, CIVIL ACTION Defendants VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing response to new matter and counterclaim are true to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. THE HARRISBURG ACADEMY Dated: By Name: David C. Zett Title: Business Manager THE HARRISBURG ACADEMY, Plaintiff VS. CHRISTOPHER SILVA and AMY SILVA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 06-5821 CIVIL TERM : CIVIL ACTION STATEMENT OF INTENTION TO PROCEED To the Court: The above captioned Plaintiff intends to proceed with the above captioned matter. Please remove this case from the list of cases to be terminated for inactivity. Yoffe & Yoffe, P.C. Date: October 24, 2009 I, 6?6 4 By effrey . Yoffe, Esq. Attorney for Plaintiff 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net FILED-OFFICE CF THE PROTHONOTARY 2009 OCT 27 PM 1: 13 CUM rt?_. > au C;'3UNTY PEWYLVANIA David(D. Buell Prothonotary Y,irkS. Sohonage, F'SQ Solicitor F C J; 7750 Renee X Simpson IS` Deputy Prothonotary z Irene E. Morrow 2nd Deputy Prothonotary Office of the Prothonotary Cumder(and County, Tennsy(vania OL O SAX-CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 0 Car(is(e, SPA 17013 • (717 240-6195 9 fax (717 240-6573