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HomeMy WebLinkAbout02-2532 SAIDIS SI-lUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA THE HARRISBURG ACADEMY, Plaintiff VS. GLEN RASER and JOYCE RASER: Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, The Harrisburg Academy, by and through its undersigned attorneys, Saidis, Shuff, Flower & Lindsay, and avers in support of its' Complaint against the Defendants as follows: 1. The Harrisburg Academy is an educational institution located at 10 Erford Road, Wormleysburg, Cumberland County, PA 17043. 2. The Defendants, Glen Raser and Joyce Raser, are adult married individuals residing at 2477 Old Hershey Road, Elizabethtown, Dauphin County, PA 17022. 3. Defendants are the parents and natural guardians of their daughter, Katrina Raser. 4. On March 2, 2001, the Defendants signed a 2001-2002 Enrollment Agreement with the Plaintiff, enrolling their daughter, Katrina Raser, in The Harrisburg Academy in grade 11. As part of the Enrollment Agreement, the Defendants provided a non-refundable advanced deposit of $600.00. A true and correct copy of the 2001-2002 Enrollment Agreement is attached hereto, incorporated herein by reference and marked as Exhibit "A". 5. According to the terms and conditions of the 2001-2002 Enrollment Agreement, failure to provide written notice to The Harrisburg Academy business SAIDIS SHUFF, FLOWER & LINDSAY ATI'0RMIY~AT'LAW 26 W. High Street Carlisle, PA office to withdraw on or after July 1, 2001, will result in full tuition and fees being due and payable. 6. Pursuant to 2001-2002 Enrollment Agreement, the full tuition and fees owing from the Defendants was $11,318.00. 7. On or about August 20, 2001, Defendant, Glen Raser called the Director of Admissions for the Plaintiff, Bobby Summerville, to advise that Defendants' daughter would not be attending the Academy for the 2001-2002 academic year. 8. Since written notice of cancellation of enrollment for Katrina Raser was not received by the Plaintiff prior to July 1,2001, full tuition and fees are due and payable pursuant to the terms and conditions of the 2001-2002 Enrollment Agreement. 9. Defendants did pumhase tuition refund insurance, which paid 50% of the outstanding balance leaving a net balance due to Plaintiff in the amount of $5,687.76. 10. Despite repeated written demands for payment in full, Defendants have refused to pay the full balance owing to the Plaintiff, or any part thereof. 11. As a result of Defendants' failure to pay the balance due for tuition and fees for their daughter, the Defendants are in breach of the 2001-2002 Enrollment Agreement. 12. Pursuant to the terms and conditions of the 2001-2002 Enrollment Agreement, all attorney's fees and collection fees plus interest and costs are to be added to the outstanding balance due, with interest incurred at the rate of 12% per annum. WHEREFORE, Plaintiff, The Harrisburg Academy, respectfully requests that This Honorable Court enter judgment in its favor and against Defendants, Glen Raser SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA and Joyce Raser in the amount of $5,687.76 plus interest at the rate of 12% per annum, plus attorney's fees and costs. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY .~. D~e~h~-L. Hit(~hi~s, -Es~l~re · # 65551 -- 26 W. High Street Carlisle, PA 17013 Attorney for the Plaintiff The Harrisburg Academy SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION APR 2 2002 I verify that the statements made in the foregoing Complaint re true and correct and that I am authorized by the Plaintiff, The Harrisburg Academy, to make said verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATED: THE HARRISBURG ACADEMY 10 Erford Road Wormleysburg, PA 17043 400. o0 2001 - 2002 ENROLLMENT AGREEMENT · The Harrisburg Academy having offered enrollment to Ka~;r~.na 19080r for the academic year 200 ! -2002 as a student in grade ~'?' , we herewit.h forward as a non refundable advance deposit on account of tuition for that academic year, the am0hnt of $600.00. We understand that this ~[~P°slt will'be applied to the se~jnd'se~ter tuition if we opt for other than payment in full before the start of the school year. We understand that by'slgning and returning this enrollment 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 place 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 I~e 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 withdrawat,.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 wil~uffer in such event. We understand that the Academy's Oermit- ting mitiotr or fees to be paid ire. installments.' with o~e( 1 ) percent iht.er ..~t per month ,charged ~n the balanee,.does not affect our liability ,, for the full year's tuition. If any balance due od the applicable payment Plan remains unpaid for thirty (30) days after written demand for payment, the account may be refen'ed to your attorney for collection. All attorneys' fees and collection fees plus interest and cost, shall be added'to the outstanding bela~ce. The default rate Of interest shall be 12% per annum. We understand that by signing this enrollment agreement for the coming academic year we accept the roles and regulations of Tbe Harrisburg A~cademy 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 co,ncerning SJudent tO those pm'eats 9r legal gua~l, lans who execute this Enro meat Agreement ("S £nators") The Academy wdl provide mathngs and student informat~on to the S gnators ~t the address(es) provided. The Academy s administra- tive and teaching staff will make such information available to Signators. By executing this agreement, such parents and/or legal guard- tans certify that they have a parental or legal guardianship rights with respect to the Student. Information will not be provided to any other individual, including non-custodial parents or step-parents, unless a written request, accompanied by appropriate and adequate proof in writing of right-to-access 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 pa~, the Academy reserves the right to remove our child from school, and such action by the Academy shall not affect its rights to full payment of tuition or fees as set forth above. The decision of the Head~0f School to remove or to dismiss our child shall be final and legally binding in all ~ It is further agreed that enrollment of our Child as specified within this agreement may be canceled wRhout addi- tionul charge, except payment of the $600.00 non-refundable advance deposit, if written notice is received by the Acad- emy urior to June 1.2001. If written notice is not received prior to June 1, 2001, but is received by the AcademyBusiness Office prior to July 1, 2001, u cancellation cha~rg? of $2,~00 (in addition to the non-re.fu~ndable $600.00 advance deposit) i"' '~"Wili be~du~'an~'pa~h~ie~ Faliur~t0 ~r~,ld~ ~v~kt~'nbti~/0'fl/e H~i:r~l~r~.R~lefi~y][fi~rfi~ss'Offi~'0f ~,iihd ~.h ~,al 6h ] or after July 1, 2001 will result in the fUll tuition~ and fees being due hntl payable. Written'notice for~ pdrposes of this [ agreement is any mode of delivery with a signed acknowledgment by the Buslneas Office staff InclUdlfig C~rtlfled Mall, ~ Federoi Express or personal delivery to the Business Office. . · We also undersland that the Academy makes available to parents the Tuition RefUnd Plan. an insurance program which is described in the enclosed leaflet. Parents who do not pay the annual tuition and fees in full, by August 31, 2001, must particlpete in the Tuition Refund Plan or must present evidence satisfacto~j to the Academy that they have secured comparable coverage elsewhere. Participation is elective for those who pay the total annual tultion and fees prior to August 3 I, 2001. A one-time annual premium for the Tuition Refund THE HARRISBURG AC~DEHY Tuition Schedule 2001-2002 * PLEASE NOTE - There is an additional ~ee of. S100.00 ~or Sen~ors for gr&duetion expenses. FROM : SAIDISjSHUFF,FLOWER+LINDSAY FAX NO. : ~43GSl~ May. ~g ~0~2 Og:4~AM P~ THE HARRISBURG ACADEMY, Plaintiff VS. GLEN RASER and JOYCE RASER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. ¢*,-~.5'~ X CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I, JON YOST, Esquire for the above named Defendants accept service of the COMPLAINT on behalf of the Defendants, GLEN RASER AND JO~E RASER and certify that I am authorized to do so. ' Dated: ~'/J'"/~ ~ By: 320 W. Chocolate Avenue Hemhey PA 17033