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HomeMy WebLinkAbout06-6662 David F. O'Leary, Esquire Attorney I.D. No. 34946 David C. Sirolly, Esquire Attorney I.D. No. 200646 RHOADS & SINON LLP One South Market Sq., 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff THE HARRISBURG ACADEMY, Plaintiff, V. JAVID MOHMAND and JEANNIE MOHMAND, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. ?? - (2(Q?,,? v c L 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 628922.1 it 11 David F. O'Leary, Esquire Attorney I.D. No. 34946 David C. Sirolly, Esquire Attorney I.D. No. 200646 RHOADS & SINON LLP One South Market Sq., 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff THE HARRISBURG ACADEMY, Plaintiff, V. JAVID MOHMAND and JEANNIE MOHMAND, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 6(, - 4 G L L (4?,.Q 7-z..- COMPLAINT The Harrisburg Academy (the "Academy"), by its attorneys, Rhoads & Sinon LLP, files this Complaint against Javid and Jeannie Mohmand (collectively hereafter, the "Defendants"). In support of this Complaint, the Academy avers as follows: 1. The Academy is an independent school, which educates students from the pre- school level through twelfth grade and is located at 10 Erford Road, Wormleysburg, Pennsylvania. 2. Javid and Jeannie Mohmand are adult individuals with a last known address of 4020 Lisburn Road, Mechanicsburg, Pennsylvania. 3. This action arises under the laws of the Commonwealth of Pennsylvania and is within the subject matter jurisdiction of this Court. Venue is proper pursuant to Rule 1006(a)(1) of the Pennsylvania Rules of Civil Procedure. Pa. R. Civ. P. 1006(a)(1). 1 I 16 COUNTI Breach of Contract (2005-2006 First Grade Enrollment Agreement) 4. The Academy incorporates the Paragraphs set forth above as if fully set forth herein. 5. On or about March 1, 2005, Defendants entered into a valid and enforceable enrollment contract with the Academy by which Defendants secured a place for one of their children (the "Older Child") in the first grade class at the Academy for the 2005-2006 academic year (hereafter, the "2005-2006 First Grade Enrollment Agreement," attached hereto as Exhibit A). 6. In relevant part, the 2005-2006 First Grade Enrollment Agreement states as follows: We understand that by signing 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 ... 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 [our] [sic] 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. [2005-2006 First Grade Enrollment Agreement]. For the academic year for 2005-2006, the total amount for tuition and fees for a first grade student was $ 11,494.00. 7. Upon information and belief, Defendants' Older Child was a member of the first grade class at the Academy for the duration of the 2005-2006 academic year. 8. In breach of their obligations under the 2005-2006 First Grade Enrollment Agreement, Defendants failed to pay the full year's tuition and fees for the Older Child's education at the Academy for the 2005-2006 academic year as reflected by the Statement of 2 I 1' Account (attached as Exhibit B), which shows that Defendants still owe $1585.20 of the Older Child's 2005-2006 academic year tuition and fees. 9. The Academy has been damaged by such breach and is entitled, as a result, to the damages agreed to by the Defendants in the 2005-2006 First Grade Enrollment Agreement including the unpaid balance, all attorneys' fees and collection fees plus interest at 12% per annum and costs, which shall be added to the outstanding balance. WHEREFORE Plaintiff, the Academy, requests that it be awarded damages with respect to Count I in the amount of $1585.20, constituting the unpaid tuition and fees for the 2005-2006 academic year for the Defendants' Older Child, together with interest at 12% per annum beginning from an initial payment due date of June 1, 2006, the Academy's costs and expenses of suit, including attorneys' fees and collection fees, and any other damages that this Court deems appropriate. COUNT II Breach of Contract (2005-2006 Kindergarten Enrollment Agreement) 10. The Academy incorporates the Paragraphs set forth above as if fully set forth herein. 11. On or about April 5, 2005, Defendants entered into a valid and enforceable enrollment contract with the Academy by which Defendants secured a place for one of their children (the "Younger Child") in the kindergarten class at the Academy for the 2005-2006 academic year (hereafter, the "2005-2006 Kindergarten Enrollment Agreement," attached hereto as Exhibit Q. 3 it 1. 12. In relevant part, the 2005-2006 Kindergarten Enrollment Agreement states as follows: We understand that by signing 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 ... 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 [our] [sic] 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. [2005-2006 Kindergarten Enrollment Agreement]. For the academic year for 2005-2006, the total amount for tuition and fees for a kindergarten student was $ 10,926.00. 13. Upon information and belief, Defendants' Younger Child was a member of the kindergarten class at the Academy for the duration of the 2005-2006 academic year. 14. In breach of their obligations under the 2005-2006 Kindergarten Enrollment Agreement, Defendants failed to pay the full year's tuition and fees for the Younger Child's education at the Academy for the 2005-2006 academic year as reflected by the Statement of Account (attached as Exhibit D), which shows that Defendants still owe $1646.80 of the Younger Child's 2005-2006 academic year tuition and fees. 15. The Academy has been damaged by such breach and is entitled, as a result, to the damages agreed to by the Defendants in the 2005-2006 Kindergarten Enrollment Agreement including the unpaid balance, all attorneys' fees and collection fees plus interest at 12% per annum and costs, which shall be added to the outstanding balance. WHEREFORE Plaintiff, the Academy, requests that it be awarded damages with respect to Count II in the amount of $1646.80, constituting the unpaid tuition and fees for the 2005-2006 academic year for the Defendants' Younger Child, together with interest at 12% per annum 4 beginning from an initial payment due date of June 1, 2006, the Academy's costs and expenses of suit, including attorneys' fees and collection fees, and any other damages that this Court deems appropriate. COUNT III Breach of Contract (2006-2007 Second Grade Enrollment Agreement) 16. The Academy incorporates the Paragraphs set forth above as if fully set forth herein. 17. On or about March 3, 2006, Defendants entered into a valid and enforceable enrollment contract with the Academy by which Defendants secured a place for their Older Child in the second grade class at the Academy for the 2006-2007 academic year (hereafter, the "2006- 2007 Second Grade Enrollment Agreement," attached hereto as Exhibit E). 18. In relevant part, the 2006-2007 Second Grade Enrollment Agreement states as follows: We understand that by signing and returning this Enrollment Agreement we have unconditionally obligated ourselves to pay the full year's tuition and fees ... for the applicable grade, and are reserving a place for the above-listed child for the entire academic year. We understand that the Academy makes important decisions regarding the hiring and retention of teachers and staff and the admission and recruitment of students based on the number of Enrollment Agreements received. We understand that the Academy relies on the promises made in these Enrollment Agreements and expects that these promises will be kept. We understand and agree that except as described in paragrraph 2 below, our obligation for the full year's tuition and fees will not be reduced or excused by our cancellation of this Enrollment Agreement or by the withdrawal of the above-named child from the Academy, dismissal from the Academy, illness, disability, death or any other absence for any cause at ante since we recognize and acknowledge that such cancellation, withdrawal, dismissal or absence will not materially reduce the Academy's costs, or permit the Academy to recoup lost income, and that therefore payment of the full year's tuition and fees is [a] fair and reasonable measure of the damages which the Academy will suffer in such event. We understand the fact that the Academy allows tuition or z ? 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 the Academy's attorneys 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. [2006-2007 Second Grade Enrollment Agreement, ¶ 1 (emphasis in original)]. The above- quoted provision is hereafter referred to as the "Damages Provision." 19. Additionally, the 2006-2007 Second Grade Enrollment Agreement states as follows: Notwithstanding our promise in paragraph 1 above to pay full tuition and fees for the above-named child upon signing this Agreement we understand and agree that if we provide the business office of the Academy with written notice of our decision to cancel this Enrollment Agreement prior to June 16, 2006, the Academy will reduce the amount we owe to the Academy to the sum noted below. Written notice for purposes of this Agreement is any mode of delivery with a signed acknowledgement by the Business Office staff including Certified Mail, Federal Express or personal delivery to the Business Office. Date Written Notice of Cancellation Is Received by Business Office Amount Owed Is Reduced To: Prior to May 15, 2006 $750 (non-refundable deposit will be retained by the Academy) May 15, 2006 -June 15, 2005 $3250 (this amount includes the $750 non-refundable deposit) Full tuition and fees are owed for any cancellation of this Enrollment Agreement or the withdrawal or dismissal of the above-named child that occurs on or after June 16, 2006 as stated in paragraph (1) above. [2006-2007 Second Grade Enrollment Agreement, 12 (emphasis in original)]. The above- quoted provision is hereafter referred to as the "Cancellation Provision." 6 IL t 20. In further relevant part, the 2006-2007 Second Grade Enrollment Agreement contains the following provision: We understand and agree that if the above-named child is dismissed from or leaves the Academy for any reason, the full amount of tuition and fees becomes due immediately, and 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 the 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. [2006-2007 Second Grade Enrollment Agreement, 16]. The above-quoted provision is hereafter referred to as the "Reservation of Rights Provision." 21. For the academic year for 2006-2007, the total amount for tuition and fees for a second grade student is $ 11,955.00. [2006-2007 Second Grade Enrollment Agreement, p. 2]. 22. Upon information and belief, prior to the start of the 2006-2007 academic year on August 29, 2006, Defendants failed to provide the Academy with any notice, no less written notice as contemplated by the Cancellation Provision of the 2006-2007 Second Grade Enrollment Agreement, that their Older Child would not be attending the Academy for the 2006- 2007 academic year. 23. Upon information and belief, not until after the Academy contacted the Defendants by telephone on August 29, 2006, to inquire as to why Defendants' Older Child did not attend the first day of the school, did Defendants inform the Academy that their Older Child would be attending a different school for the 2006-2007 academic year. 24. Through the 2006-2007 Second Grade Enrollment Agreement, Defendants entered into a valid and enforceable contract with the Academy by which the Academy committed to reserve a place for the Defendants' Older Child in the second grade class for the 2006-2007 academic year. 7 R 25. Through the Damages Provision, the Cancellation Provision and the Reservation of Rights Provision, among other provisions, within the 2006-2007 Second Grade Enrollment Agreement, the Defendants became obligated to pay to the Academy the full tuition and fees for the 2006-2007 academic year for their Older Child if withdrawn from the Academy after June 16, 2006. 26. Upon information and belief, the Defendants withdrew their Older Child from the Academy after June 16, 2006 having provided no notice of such withdrawal to the Academy until the first day of school on August 29, 2006. 27. Upon information and belief, despite a demand having been made, the Defendants have not paid the Academy the full tuition and fees for the 2006-2007 academic year for their Older Child who was withdrawn from the Academy after June 16, 2006, and, as such, the Defendants are in breach of the 2006-2007 Second Grade Enrollment Agreement. 28. The Academy has been damaged by such breach and is entitled, as a result, to the damages agreed to by the Defendants in the 2006-2007 Second Grade Enrollment Agreement including the unpaid tuition and fees, all attorneys' fees and collection fees plus interest at 12% per annum and costs, which shall be added to the outstanding balance. WHEREFORE Plaintiff, the Academy, requests that it be awarded damages with respect to Count III in the amount of $11,205.00, constituting the unpaid tuition and fees for the 2006- 2007 academic year for the Defendants' Older Child, together with interest at 12% per annum beginning from an initial payment due date of August 25, 2006, the Academy's costs and expenses of suit, including attorneys' fees and collection fees, and any other damages that this Court deems appropriate. 8 COUNT IV Breach of Contract (2006-2007 First Grade Enrollment Agreement) 29. The Academy incorporates the Paragraphs set forth above as if fully set forth herein. 30. On or about March 3, 2006, Defendants entered into a valid and enforceable enrollment contract with the Academy by which Defendants secured a place for their Younger Child in the first grade class at the Academy for the 2006-2007 academic year (hereafter, the "2006-2007 First Grade Enrollment Agreement," attached hereto as Exhibit F). 31. The 2006-2007 First Grade Enrollment Agreement contains an identical version of the Damages Provision, as quoted above, as contained in the 2006-2007 Second Grade Enrollment Agreement. [2006-2007 First Grade Enrollment Agreement, ¶ I]. 32. Additionally, the 2006-2007 First Grade Enrollment Agreement contains an identical version of the Cancellation Provision, as quoted above, as contained in the 2006-2007 Second Grade Enrollment Agreement. [2006-2007 First Grade Enrollment Agreement, 12]. 33. Moreover, the 2006-2007 First Grade Enrollment Agreement contains an identical version of the Reservation of Rights Provision, as quoted above, as contained in the 2006-2007 Second Grade Enrollment Agreement. [2006-2007 First Grade Enrollment Agreement, 16]. 34. For the academic year for 2006-2007, the total amount for tuition and fees for a first grade student is $ 11,955.00. [2006-2007 First Grade Enrollment Agreement, p. 2]. 35. Upon information and belief, prior to the start of the 2006-2007 academic year on August 29, 2006, Defendants failed to provide the Academy with any notice, no less written notice as contemplated by the Cancellation Provision of the 2006-2007 First Grade Enrollment 9 Agreement, that their Younger Child would not be attending the Academy for the 2006-2007 academic year. 36. Upon information and belief, not until after the Academy contacted the Defendants by telephone on August 29, 2006, to inquire as to why Defendants' Younger Child did not attend the first day of the school, did Defendants inform the Academy that their Younger Child would be attending a different school for the 2006-2007 academic year. 37. Through the 2006-2007 First Grade Enrollment Agreement, Defendants entered into a valid and enforceable contract with the Academy by which the Academy committed to reserve a place for the Defendants' Younger Child in the first grade class for the 2006-2007 academic year. 38. Through the Damages Provision, the Cancellation Provision and the Reservation of Rights Provision, among other provisions, within the 2006-2007 First Grade Enrollment Agreement, the Defendants became obligated to pay to the Academy the full tuition and fees for the 2006-2007 academic year for their Younger Child if withdrawn from the Academy after June 16, 2006. 39. Upon information and belief, the Defendants withdrew their Younger Child from the Academy after June 16, 2006, having provided no notice of such withdrawal to the Academy until the first day of school on August 29, 2006. 40. Upon information and belief, despite a demand having been made, the Defendants have not paid the Academy the full tuition and fees for the 2006-2007 academic year for their Younger Child who was withdrawn from the Academy after June 16, 2006, and, as such, the Defendants are in breach of the 2006-2007 First Grade Enrollment Agreement. 10 41. The Academy has been damaged by such breach and is entitled, as a result, to the damages agreed to by the Defendants in the 2006-2007 First Grade Enrollment Agreement including the unpaid tuition and fees, all attorneys' fees and collection fees plus interest at 12% per annum and costs, which shall be added to the outstanding balance. WHEREFORE Plaintiff, the Academy, requests that it be awarded damages with respect to Count IV in the amount of $11,205.00, constituting the unpaid tuition and fees for the 2006- 2007 academic year for the Defendants' Younger Child, together with interest at 12% per annum beginning from an initial payment due date of August 25, 2006, the Academy's costs and expenses of suit, including attorneys' fees and collection fees, and any other damages that this Court deems appropriate. COUNT V Promissory Estoppel 42. The Academy incorporates the Paragraphs set forth above as if fully set forth herein. 43. The Defendants promised to pay to the Academy the full tuition and fees for both their Older Child and Younger Child for the 2005-2006 academic year for which the Older Child and Younger Child attended the Academy for the duration of the school year. Additionally, if applicable, the Defendants committed to pay to the Academy interest on any unpaid balances, attorneys' fees and collection fees. 44. Upon information and belief, Defendants have failed to honor their promise to pay to the Academy the full tuition and fees for both their Older Child and Younger Child for the 2005-2006 academic year. 11 45. The Defendants promised to pay to the Academy the full tuition and fees for both their Older Child and Younger Child for the 2006-2007 academic year for which the Defendants reserved places for their children in classes at the Academy if, as occurred, the Older Child and Younger Child were withdrawn from the Academy after June 16, 2006. Additionally, if applicable, the Defendants committed to pay to the Academy interest on any unpaid balances, attorneys' fees and collection fees. 46. Upon information and belief, Defendants have failed to honor their promise to pay to the Academy the full tuition and fees for both their Older Child and Younger Child for the 2006-2007 academic year. 47. The Academy substantially performed all of its obligations owed to the Defendants through the respective enrollment agreements by educating Defendants' Older Child and Younger Child during the 2005-2006 academic year, as well as by reserving a place in classes at the Academy for Defendants' Older Child and Younger Child for the 2006-2007 academic year and was further prepared to follow through on the Academy's commitment to provide an education to the Older Child and Younger Child for the 2006-2007 academic year. 48. The Academy reasonably and justifiably relied upon the Defendants' promises to pay for the Academy's services and the Academy was prepared to fully perform. 49. As a direct and proximate cause of the Academy's reliance on the Defendants' promises to pay, the Defendants benefited, at the Academy's expense, by having an education provided to the Older Child and Younger Child for the 2005-2006 academic year as well as by having a place reserved in classes at the Academy for the Older Child and Younger Child for the 2006-2007 academic year. 12 50. Upon information and belief, after the Older Child and Younger Child were withdrawn after the start of the 2006-2007 academic year, despite reasonable efforts, the Academy was unable to fill either of the two (2) classes in which the Defendants' Older Child and Younger Child had reserved places and, as a result, the Academy lost income in the amount of the full tuition and fees that the Academy was entitled to receive after June 16, 2006, for having held places in classes at the Academy for the Defendants' Older Child and Younger Child. 51. Injustice has resulted and will continue to result if the Defendants' promises to pay the Academy are not enforced. 52. Injustice in this case can only be avoided by enforcing the promises made by Defendants to pay for the education provided to their children during the 2005-2006 academic year and, if the Defendants withdrew the Older Child and Younger Child after June 16, 2006, to pay the full tuition and fees for the Older Child and Younger Child for the 2006-2007 academic year. WHEREFORE Plaintiff, the Academy, requests that it be awarded damages in the amount of $ 25,642.00, constituting the unpaid balance for the tuition and fees for the 2005-2006 academic year owed by the Defendants and the full tuition and fees for the 2006-2007 academic year owed by Defendants for the Defendants' Older Child and Younger Child, together with interest at 12% per annum, the Academy's costs and expenses of suit, including attorneys' fees and collection fees, and any other damages that this Court deems appropriate. 13 By: David C. Sirolly, Es4uire-- One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 14 Respectfully submitted, Y VERIFICATION David C.. Zett, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is the Business Manager of the Harrisburg Academy, and that he makes this verification through his authority and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. It-IV-66 lava C' Date David C. Zett EXHIBIT A "2005-2006 First Grade Enrollment Agreement" THE HARRLSBbRG ACADEMY to Erford Road Wormleysburg, PA 17043 2005 - 2006 ENROLLMENT AGREEMENT ? ? So The Harrisburg Academy baving offered enrollment to Sboan mobomumd for the academic year 2005-2006 as a student In grade 1, we herewith forward as a non- refundable advance deposit on account of tuition for that academic year, the amount of $750.00. We understand that by signing and returning this enrollment contract we have unconditionally obligated ourselves to-pay the full year's tuition and Eves6 as shown on the reverse side of this page, for the applicable grade, and ant reserving a place for our child for the entire academic year. We hmdcratand and agree that our obligation for the full year's tuition and fees will not be reduced or excused by withdrawal, dismissal $otn 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 die applicable payment plan remains unpaid for thirty (3d) 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 earning academic year we accept the rules and regulations of The Harrisburg Academy as of this dare and such rules and regulations as it may issue from time to time hereafter. Unless otherwise directed in writing by both parcntsAcgal guardians of Student, it is the policy of The Academy to provide equal access to all informa, an concerning Student to those parents or legal guardians who execute this Enrollment Agreement ("Signators'7 The Academy will provide mailings and student information to rho Signators at the address(es) provided. The AcedeMls 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 rights with respect to the Student. Information will not be provided to any outer 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/legai guardians to The Academy. We understated that (1) if our child is dismissed from or leaves The Academy for any reason the full amount of tuition and fees becomad due immediately, and (2) if any payment far 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 full 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 charger except payment of the $750.00 non-edundable advance deposit, if written notice is received by The Academy ?i to June 1, 2005. If written notice is not received uror to June 1, 2005, but is received by The Academy Business 015ce prior to July 1. 2005. a cancellation charge of $2,500 On addition to the non-refundable $750.00 advance deposit) win be due and payable. Fa-nare to gravlde written notice d The jaardlibu Academy IjUdgm f1fflar at withdrawal prior to .hdv 1 2005 will result 1 the full tultlon and feed bdna due and nayable. Written notice for purposes of this agreement is say mode of delivery with a :hated seknewledgment by the Badness Office stag 31 Including Cerdloed Man, Federal Rapt ?s 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 in the enclosed leafier. Parents who do not pay the annual tuition and fees in frill, by August 26, 2005, must participate in the Tuition Re&ud Plan or must present evidence satisfactory to The Academy that they have secured comparable coverage elsewhere. Participation is eleedve for those who pay the total annual tuition and fees by August 26, 2005. A one-time annual premium for the TuLdon Refund Plan will be billed when tuition is billed. TMs program will give us an opportunity 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 Academy to collect any claim or payment to which we are entitled under the Tuition Refund Plan and to credit our account, paying any excess to us. We hereby appoint The. Academy's Business Manager as our aaonaey-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 rise: A. Payment in full by August 26, 2005. (The coupon monthly payme t n 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 thereafter .the first day of each month (Therc.is a service charge for using this plan). jultion efund Insurance is reauittd. 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 $750.00 enrollment deposit for the 2005-2006 school veer must be included with this SiMed agreement for the agreement to be valid. 'OF -0- 11000, Date ? . 20_j_ Date V -I 20? Date 20 Date 20 es s inn) Signature Mother's (Guardian) Signet RETURN TWO SIGNED COPIES TO ABOVE ADDRESS THE HARRISBURG ACADEMY Tuition Schedule 2005-2006 GRADE LEVEL N Jr K 1C 1-4 5-8 9-12 TUITION & FEES 4 9,910 0,9 6 11,994 1 7 13,064 TUITION REFUND INSURANCE 150 198 219 230 253 261 TOTAL 7, 64 10,108 11,14 11,724 13,325 PAYMENT PLAN SERVICE CHARGE 300 408 453 478 529 546 MONTHLY PAYMENTS*"" (11) 724 956 1,054 1,109 1,223 1,261 *PLEASE NOTE-There is an additional fee of $100.00 for Senior graduation expenses. Payments are to be made the first day of each month, Aug. lat through June 1st The Academy offers a discount for each family enrolling three or more students at the'Academy. The discount will be 51,000, total per family. . EXHIBIT B "Statement of Defendants' Account as to Older Child" Harrisburg Academy 10 Erford Road • Wbriileysburg PA MONTHLY PAYME?'- PLAN STATEMENT OF A?,,;OUNT Harrisburg Academy 11 Month Payment Shean Mohmand 1'11®11" ACCOUNT SUMMARY INFORMATION ' Record Number 860. P1.2 Account Type Inst Repayment Frequency Monthly Annual Percentage Rate 0.00 Principal Amount $8301.00 Total Principal Paid to Date $6715.80 Principal Balance Total Interest Paid to Date Total Other Charges Paid Last Payment Received Amount To Pay in Full Remit $1585.20 $0.00 $80.00 05/18/2006 $840.10 $1585.20 INSTALLMENTS CURRENTLY DUE AND PAYABLE Current Due Principal $0.00 Current Interest Due $0.00 Past Due Principal $1585.20 Past Due Interest $0.00 Other Charges Due $0.00 Total Amount Due $1585.20 Payment Due Date 06/01/2006 Dunning Message #2 Harrisburg Academy 10 Erford Road Amount Due $1,585.20 MAKE CHECK PAYABLE TO AND SEND TO: Wormleysburg PA Harrisburg Academy Harrisburg Academy Javid Mohmand 10 Erford Road 4020 Lisburn Road Mechanicsburg, PA 17055 Wormleysburg, PA 17043 860. THIS STATEMENT REFLECTS DETACH HERE AND RETURN LOWER PORT/ON W/TH YOUR CHECK Address change? Check box ? and write your new address on ACTIVITY THROUGH back of this form. 08/28/2006 INVOICE NUMBER ACTIVITY THROUGH: 08/28/2006 DATE PAID AMOUNT PAID r EXHIBIT C "2005-2006 Kindergarten Enrollment Agreement" ? ? 195 THE HARRYSBURG ACADEMY 3-7T A ,. 10 Erford Road Wormleysbur& PA 17043 2005 - 2006 ENROLLMENT AGREEMENT The HsttisbuM Academy having offered enrollment to Susan Mohmand for the academic year 2005-2006 as a student in trade K, 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 enrollment contract we have unconditionally obligated ourselves to'bay 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 be reduced or excused by withdrawal, dismissal frvrn The Academy, illness, disability, death or any other absence for any cause since we recognize and acitnowledge that such withdrawal, dismissal or absence wid 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 to fair and ressooeble mMsum of the liquidated damages which The Aeadeary wilt suffer In such event. We understand that The Academy's permitting tuition or fees to be paid in installrnenis does not affect our liability for the fir11 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 fices plus interest and costs, shall be added to the outstanding balance. The default rate of interest shall be 1256 per unman. We understand that by signing this enrollment agreement for the coming 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 otherwlsc 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. Mgruttors'7 The Academy will provide mailings and student information to time Signators at the address(es) provided. The Academy's administrative and teaching staff will make such information available to Signators. By executing this alirecment, such parents and/or legal guardians eertW 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 psymeat 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 act 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 arrounsent of our clalld as specified within this agreement may be canceled without additional charge, except payment of the 3750.00 son-relbndable advance deposit, if vfritten notice is reeelved by The Academy udgr to June 1, 2005. If written notice is not received pli4[ to June 1. 2005, but is received by The Academy Business OMce ps ior to July 1, 20057 a cancellation eharge of "00 on addition to the non-refundable 3750.00 advance deposit) will be due and payable- Failure to srovide written satire to The Academy Harrisburg e a ss QMce of withdrawal prior to July 1 2005 will result in the fall tulle and fees be no due and uarablt Written nonce for purposes of this agreement Is any mode of delivery with a signed acknowledgment by the Business Office staff Including Certified Mail, Federal Express or personal delivery to the Business 011ice. We also understand that The Academy makes available to parents the Tuition Refund Plan, an insurance program described in the enclosed leaflet Parents who do not pay the annual tuition and fees in lull, by August 26, 2005, must participate in the Tuition Refund Plan or must present evidence satisfactory to The Academy that they have secured eompatabic coverage elsewhere. Participation Is elective fbr 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 whoa tuition is billed. This program will give us an opportunity to insure a portion of tuition, annual charges or fads (prepaid and due) in the event of absence or separation of our child, according to the temut of the policy. Additionally we authorize and direct The Academy to collect any claim or payment to which we are entitled under the Tuition Refund Plan and to credit our account, paying any excess to us. We hereby appoint The Academy's Business Manager as our attorney-in-face to sign any documents to collect any such claim or payment Method of Tuition and Fee Psyment (Check A or B in the appropriate space below) As part of this agmertrent 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 thereafter the first day of each month (There is a service charge for using this plan). Taition Refund Insurance Is reoWnd. 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 nonpayment. A $750.00 enrollment deposit for the 2005-2006 school year mud be Included with tbia siMed aureement for the agreement to be vapid. Date L" 5 20s--V-- Date 41' - S 20? Date 20 Date 20 RETURN TWO SIGNED COPIES TO ABOVE ADDRESS • ?A A a THE HARRISBURG ACADEMY Tuition Schedule 2005-2006 GRADE LEVEL N Jr X R -4 -8 9-127 TU IO & FEES 9 9,910 10,92 11,994 12,675 13,064 TUITION REFUND INSURANCE 150 198 219 230 253 261 TOTAL 7, 64 10,1 11,14 11,724 12,926 - 13,325 PAYMENT PLAN SERVICE CHARGE 300 408 453 478 529 546 MONTHLY PAYMENTS" (11) 724 956 X,054 1,109 1,223 1,261 *PLEASE NOTE-There is an additional fee of $100.00 for Senior graduation expenses. Payments are to be made the first day of each month, Aug. 1st thzough June lat The Academy offers a discount for each family enrolling three or more students at the'Academy. The discount will be $1,000. total per family. 0 „ EXHIBIT D "Statement of Defendants' Account as to Younger Child" Harrisburg Academy 10 Erford Road Wormleysburg PA 1'11'1'11' ACCOUNT SUMMARY INFORMATION $1646.80 Record Number 861. P1.1 Account Type Inst Repayment Frequency Monthly Annual Percentage Rate 0.00 Principal Amount $8609.00 Total Principal Paid to Date $6962.20 Principal Balance Total Interest Paid to Date Total Other Charges Paid Last Payment Received Amount To Pay in Full Remit MONTHLY PAYME""' PLAN STATEMENT OF A?.JOUNT Harrisburg Academy 11 Month Payment Susan Mohmand THIS STATEMENT REFLECTS ACTIVITY THROUGH: 08/28/2006 $0.00 $80.00 05/18/2006 $870.90 $1646.80 INSTALLMENTS CURRENTLY DUE AND PAYABLE Current Due Principal Current Interest Due Past Due Principal Past Due Interest Other Charges Due Total Amount Due Payment Due Date $0.00 $0.00 $1646.80 $0.00 $0.00 $1646.80 06/01/2006 Dunning Message #2 DETACH HERE AND RETURN LOWER PORTION WITH YOUR CHECK Address change? Check box ? and write your new address on ACTIVITY THROUGH back of this form. Harrisburg Academy 10 Erford Road Wormleysburg Javid Mohmand 4020 Lisburn Road Mechanicsburg, PA 861. Amount Due 08/28/2006 INVOICE NUMBER $1,646.80 MAKE CHECK PAYABLE TO AND SEND TO: P're` Harrisburg Academy Harrisburg Academy 10 Erford Road 17055 Wormleysburg, PA 17043 DATE PAID AMOUNT PAID 0 10 EXHIBIT E "2006-2007 Second Grade Enrollment Agreement" 3N,a OIL HARRISBURG ACADEMY '1 S'o • 10 Erford Road Wormleysburg, PA 17043 Harrisburg Academy is pleased to welcome your family to our educational community for the 2006-07 academic year. We are happy to know that your child will experience the many benefits of the Iibe .1 arts education which Harrisburg Academy offers our students. Below is the Enrollment Agreement for your child. Please read it carefully. 2006 - 07 ENROLLMENT AGREEMENT (1) Harrisburg Academy ("the Academy") having offered enrollment to Shown Mohmand for the academic year 2006-07 as a student in grade 2 , we herewith forward as a non-refundable advance deposit on account of tuition for that academic year in the amount of $750.00 We understand that by signing and returning this Enrollment Agreement 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 the above-listed child for the entire academic year. We understand that the Academy makes important decisions regarding the hiring and retention of teachers and staff- and the admission and recruitment of students based on the number of Enrollment Agreements received. We understand that the Academy relies on the promises made in these Enrollment Agreements and expects that these promises will be kept. We understand and agree that except as described in paragraph 2 below, our obligation for the full year's tuition and fees will not be reduced or excused by our cancellation of this Enrollment Agreement or by the withdrawal of the above-named child from the Academy, dismissal. from the Academy, illness, disability, death or any other absence for any cause at any time since we recognize and acknowledge that such cancellation. withdrawal, dismissal or absence will not materially reduce the Academy's costs, 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 damages which the Academy will suffer in such event. We understand the fact that the Academy allows 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 the Academy's attorneys 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. (2) Notwithstanding our promise in paragraph 1 above to pay full tuition and fees for the above-named child upon signing this Agreement. we understand and noree that if we nmvide the business office of the Academy with written notice of our decision to cancel this Enrollment Agreement prior to June 16, 2006, the Academy will reduce the amount we owe to the Academy to the sum noted below. Written notice for purposes of this Agreement is any mode o! delivery with a signed acknowledgment by the Business Office staff including Certified Mail, Federal Express or personal delivery to the Business Office. Date Written Notice of Cancellation Is by Business Office Amount Owed Is Reduced To: Prior to May 15, 2006 $750 (non-refundable deposit will be retained by the Academy) May 13, 2006 - June 15, 2006 $3250 (this amount includes the $750 non-refundable deposit) Full tuition and fees are owed for any cancellation of this Enrollment Agreement or the withdrawal or dismissal of the above-named child that occurs on or after June 16, 2006 as stated in paragraph (1) above. (3) We understand and agree that by signing this Enrollment Agreement for the coming academic year we accept the rules and regulations of the Academy as of this date and such rules and regulations as it may issue from time to time hereafter. (4) We understand and agree that unless otherwise directed in writing by both parentstlegal guardians of the above-named child, it is the policy of the Academy to provide equal access to all information concerning the child to those parents or legal guardians who execute this Enrollment Agreement. ("Signators") (5) We understand 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 the Signators. By executing this Agreement, we certify that we have parental or legal guardianship rights with respect to the above-named child. We understand that the Academy will not provide such information 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. (6) We understand and agree that if the above-named child is dismissed from or leaves the Academy for any reason, the full amount of tuition and fees becomes due immediately, and 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 the 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 of School to remove or to dismiss the child shall be final and legally binding in all circumstances. (7) We also understand that the Academy makes available to us the Tuition Refund Plan, an insurance program described in the enclosed leaflet. We understand and agree that if we have not paid the annual tuition and fees in full, by August 25, 2006, we must participate in the Tuition Refund Plan or must present evidence satisfactory to the Academy that we have secured comparable coverage elsewhere. Participation is elective for. those who pay the total annual tuition and fees by August 25, 2006. A one-time annual premium for the Tuition Refund Plan will be billed when tuition is billed. This program will give us an opportunity to insure a portion of tuition, annual charges or fees (prepaid and due) in the event of absence or separation of the above-named child, according to the terms of the policy. Additionally, we authorize and direct the Academy to collect any claim or payment to which we are entitled under the Tuition Refund Plan and to credit our account, paying any excess to us. We hereby appoint the Academy's Business Manager as our attorney-in-fact to sign any documents to collect any such claim or payment. Page 1 of 2 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 25, 2006. (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, 2006, due thereafter the first day of each 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 the 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 deposit for the 2006-07 school year must be included with this signed Acreement for the Aereement to be valid. We understand and agree that this Enrollment Agreement is a binding legal contract We are signin this Enrollment Agreement with the intention of being legally bound. Date 206<0 jji'N!jl e 1-0"t4jjr Name of Parent or guardian Signature arent or Guardian Date - 20? Name of Parent or Guardian of Parent or Gu ian va?;i Date 20 RETURN TWO SIGNED COPIES TO ABOVE ADDRESS Schedule of Tuition and Fees Junior Kindergarten, Kindergarten, and Grades 1 through 12 2006-07 Academic Year GRADE LEVEL Jr K K 14 54 9_12• TUITION & .FEES $ 10,310 $ 11,365 $ 11,955 $ 13,180 $ 13,590 TUITION REFUND INSURANCE (optional if paying in full, required if paying monthly) $ 186 $ 205 $ 215 $ 237 $ 245 TOTAL $ 10,496 $ 11,570 $ 12,170 $ 13,417 $ 13,835 PAYMENT PLAN SERVICE CHARGE $ 422 $ 469 $ 495 $ 548 $ 565 (required if paying monthly) Monthly payments will be calculated according to when payments start, financial aid received, deposit provided, and other factors. Monthly payments are to be made the first business day of each month, August 1, 2006 through June 1, 2007. Hours: Full Day: 8:00 A.M. to 3:00 P.M. Page 2 of 2 Gi Ow M EXHIBIT F "2006-2007 First Grade Enrollment Agreement" a , HARRISBURG ACADEMY 10 Erford Road Wormleysburg, PA 17043 3 P/b b Harrisburg Academy is pleased to welcome your family to our educational community for the 2006-07 academic year. We are happy to know that your child will experience the many benefits of the liberal arts education which Harrisburg Academy offers our students.' Below is the Enrollment Agreement for your child. Please read it carefully. 2006 - 07 ENROLLMENT AGREEMENT (1) Harrisburg Academy ("the Academy") having offered enrollment to Susan Mobmand for the academic year 2006-07 as a student in grade i , we herewith forward as a non-refundable advance deposit on account of tuition for that academic year in the amount of 0.00. We understand that by signing and returning this Enrollment Agreement 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 the above-listed child for the entire academic year. We understand that the Academy makes important decisions regarding the hiring and retention of teachers and staff and the admission and recruitment of students based on the number of Enrollment Agreements received We understand that the Academy relies on the promises made to these Enrollment Agreements and expects that these promises will be kept. We understand and agree that except as described in paragraph 2 below, our obligation for the full year's tuition and fees will not be reduced or excused by our cancellation of this Enrollment Agreement or by the withdrawal of the above-named child from the Academy, dismissal from the Academy, illness, disability, death or any other absence for any cause at any time since we recognize and acknowledge that such cancellation. withdrawal, dismissal or absence will not materially reduce the Academy's costs, 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 damages which the Academy will suffer in such event. We understand the fact that the Academy allows 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 the Academy's attorneys 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. (2) Notwithstanding our promise in paragraph 1 above to pay full tuition and fees for the above named child upon signing this Agreement. we understand and agree that if we provide the business office of the Academy with written notice of our decision to cancel this Enrollment ucment priorto June 16.2006. the Academy "I reduce the amount we owe to the Academy to the sum noted below. Written notice for purposes of this Agreement is any mode of delivery with a signed acknowledgment by the Business Office staff including Certified Mail, Federal Express or personal delivery to the Business Office. Date Written Notice of Cancellation Is SpAjind by Business Office Amount Owed Is Reduced To: Prior to May 15, 2006 $750 (non-refundable deposit will be retained by the Academy) May 15, 2006 - June 15, 2006 $3250 (this amount includes the $750 non-refundable deposit) Full tuition and fees are owed for any cancellation of this Enrollment Agreement or the withdrawal or dismissal of the above-named child that occurs on or after June 16, 2006 as stated in paragraph (1) above. (3) We understand and agree that by signing this Enrollment Agreement for the coming academic year we accept the rules and regulations of the Academy as of this date and such rules and regulations as it may issue from time to time hereafter. (4) We understand and agree that unless otherwise directed in writing by both parents/legal guardians of the above-named child, it is the policy of the Academy to provide equal access to all information concerning the child to those parents or legal guardians who execute this Enrollment Agreement. ("Signatory") (5) We understand 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 the Signators. By executing this Agreement, we certify that we hiive parental or legal guardianship rights with respect to the above-named child. We understand that the Academy will not provide such information 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. (6) We understand and agree that if the above-named child is dismissed from or leaves the Academy for any reason, the full amount of tuition and fees becomes due immediately, and 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 the 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 of School to remove or to dismiss the child shall be final and legally binding in all circumstances. (7) We also understand that the Academy makes available to us the Tuition Refund Plan, an insurance program described in the enclosed leaflet. We understand and agree that if we have not paid the annual tuition and fees in full, by August 25, 2006, we must participate in the Tuition Refund Plan or must present evidence satisfactory to the Academy that we have secured comparable coverage elsewhere. Participation is elective for those who pay the total annual tuition and fees by August 25, 2006. A one-time annual premium for the Tuition Refund Plan will be billed when tuition is billed. This program will give us an opportunity to insure a portion of tuition, annual charges or fees (prepaid and due) in the event of absence or separation of the above-named child, according to the terms of the policy. Additionally, we authorize and direct the Academy to collect any claim or payment to which we are entitled under the Tuition Refund Plan and to credit our account, paying any excess to us. We hereby appoint the Academy's Business Manager as our attorney-in-fact to sign any documents to collect any such claim or payment. Page 1 of 2 a 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 25, 2006. (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, 2006, due thereafter the first day of each month. (There is a service charge for using this plan.) Tuition Refund Insurance is reaufred. We understand that by indicating payment Plan B above, that we authorize the Academy to conduct a credit check before agreeing to the 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 deposit for the 2006-07 school year must be included with this siened AEreement for the Agreement to be valid. We understand and agree that this Enrollment Agreement is a binding legal contract. We are signin this Enrollment Agreement with the intention of being legally bound. Date 200 \ Name of Parent or Guardian / Sof Parent or Guardi Date 20? J 0- Name of Parent or Guardian gnature of Parent or Guardian Date 20 RETURN TWO SIGNED COPIES TO ABOVE ADDRESS Schedule of Tuition and Fees Junior Kindergarten, Kindergarten, and Grades 1 through 12 2006-07 Academic Year GRADE LEVEL Jr K K 14 5-8 9-126 TUITION & FEES $ 10,310 $ 11,365 $ 11,955 $ 13,180 $ 13,590 TUITION REFUND INSURANCE $ 186 $ 205 $ 215 $ 237 $ 245 (optional if pan ying i full, required if paying monthly) TOTAL $ 10,496 $ 11,570 $ 12,170 $ 13,417 $ 13,835 PAYMENT PLAN SERVICE CHARGE $ 422 $ 469 $ 495 $ 548 $ 565 uired if paying monthly) Monthly payments will be calculated according to when payments start, financial aid received, deposit provided, and other factors. Monthly payments are to be made the first business day of each month, August 1, 2006 through June 1, 2007. Hours: Full Day: 8:00 A.M. to 3:00 P.M. Page 2 of 2 J -ZN W d CJ"1 77 C-) -TI i i7 David F. O'Leary, Esquire Attorney I.D. No. 34946 David C. Sirolly, Esquire Attorney I.D. No. 200646 RHOADS & SINON LLP One South Market Sq., 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff THE HARRISBURG ACADEMY, Plaintiff, V. JAVID MOHMAND and JEANNIE MOHMAND, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 06-6662 Civil Term PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY FOR CUMBERLAND COUNTY: Pursuant to Pa. R.C.P. 1037(b), kindly enter judgment in favor of Plaintiff, the Harrisburg Academy, and against Defendants, Javid and Jeannie Mohmand, in an amount to be determined at a trial on damages, such damages being at leas 5,642.00 plus interest at 12% per annum and the Harrisburg Academy's cost and expenses of suit, including attorneys' fees and collection fees, as a result of the Defendants' failure to timely answer the Complaint or file any other responsive pleading in this action. I hereby certify that the Notice of Praecipe to Enter Judgment by Default was duly served upon Defendants, Javid and Jeannie Mohmand, in accordance with Pa. R.C.P. 237.1. A copy of the Notice of Praecipe to Enter Judgment by Default, along with signed return receipt, is attached hereto as Exhibit A and is incorporated herein by reference. 634524.1 Respectfully submitted, RHOADS & S1NON LLP ?e. R By: David F. O'Leary, Esquire David C. Sirolly, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -2- EXHIBIT A (Notice of Praecipe to Enter Judgment by Default with copy of return receipt) 634524.1 f ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. A. Received by (Please Print Clearly) I B. Date of Cture -- a???gent ? Addre address different from item 1? ? Yes 1. Article, Addressed to: If YES, enter delivery address below: C3 No 3. Service Type ®'Certified Mail ? Express Mail JJJ1 ? Registered C'??Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (Copy from service label) 7003.3110 0001 0953 8667 Domestic Return Receipt 102595-99-M-1789 RHOADS:::?? & SINON LLP December 27, 2006 David C. Sirolly ph (717) 233-5731 fx (717) 231-6637 dsirolly@rhoads-siTion.com FILE No: 86-19 Re: The Harrisburg-Academy v. David Mohmand and Jeannie Mohmand: Civil Docket No. 06-6662 Javid and Jeannie Mohmand Via First Class Mail 4020 Lisburn Road Mechanicsburg, Pennsylvania 17055-6704 Dear To Whom It May Concern: Please see attached legal notification with respect to the above-captioned litigation. Sincerely, RHOADS & SINON LLP By: David C. Sirolly Enclosure cc: David F. O'Leary, Esquire (w/ encls.) FILE (DCS) 634525.1 Rhoads & Sinon LLP • Attorneys at Law • Twelfth Floor • One South Market Square • P.O. Box 1146 Harrisburg, PA 17108-1146 • ph (717) 233-5731 • fx (717) 232-1459 • www.rhoads-sinon.com David F. O'Leary, Esquire Attorney I.D. No. 34946 David C. Sirolly, Esquire Attorney I.D. No. 200646 RHOADS & SINON LLP One South Market Sq., 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff THE HARRISBURG ACADEMY, Plaintiff, V. JAVID MOH1vIAND and JEANNIE MOHMAND, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 06-6662 Civil Term NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Javid and Jeannie Mohmand 4020 Lisburn Road Mechanicsburg, Pennsylvania 17055-6704 (Defendants) DATE OF NOTICE: December 27, 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 (10) 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. 634524.1 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, RHOADS & SINON LLP Y' David F. O'Leary, Esquire David C. Sirolly, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -2- CERTIFICATE OF SERVICE I hereby certify that on December 27, 2006 a true and correct copy of the foregoing "NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT" was served by United States mail, certified mail, return receipt requested, upon the following: Javid and Jeannie Mohmand 4020 Lisburn Road Mechanicsburg, Pennsylvania 17055-6704 )?27?, ? ?J?uo Kelly Guyer CERTIFICATE OF SERVICE I hereby certify that on January 8, 2007, a true and correct copy of the foregoing "PRAECIPE TO ENTER JUDGMENT BY DEFAULT" was served by United States mail, certified mail, return receipt requested, upon the following: Javid and Jeannie Mohmand 4020 Lisburn Road Mechanicsburg, Pennsylvania 17055-6704 a? Kelly Guyer G? n n? 1? 01 w W -G4. c d P-Z 4- r--a i -7 t--'.}1 L 1 -1 -4 V r ll?. TL) ? ? o V 1 Q ? r c? 8 THE HARRISBURG ACADEMY, Plaintiff, V. JAVID MOHMAND and JEANNIE MOHMAND, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 06-6662 Civil Term ORDER TO: Javid and Jeannie Mohmand 4020 Lisburn Road Mechanicsburg, Pennsylvania 17055-6704 (Defendants) You are hereby notified that on January , 2007, a Judgment has been entered against you in the above-captioned case. A trial on damages will be held on a later date. DATE: j ? c l . AO&7 Distribution List: Javid and Jeannie Mohmand 4020 Lisburn Road Mechanicsburg, Pennsylvania 17055-6704 (Defendants) David F. O'Leary, Esquire David C. Sirolly, Esquire RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (Attorneys for Plaintiff) 635654.1 Prothonotary ??l SHERIFF'S RETURN - REGULAR CASE NO: 2006-06662 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISBURG ACADEMY THE VS MOHMAND DAVID ET AL GERALD WORTHINGTON , Sheriff or Deputy Sherif of Cumberland County,Pennsylvania, who being duly sworn acc ding to law, says, the within COMPLAINT & NOTICE was served up MOHMAND DAVID the DEFENDANT , at 2018:00 HOURS, on the 5th day of De at 4020 LISBURN ROAD MECHANICSBURG, PA 17055 by handing to JEANNIE MOHMAND, WIFE a true and attested copy of COMPLAINT & NOTICE to r , 2006 her with and at the same time directing Her attention to the conte?:Js thereof. Sheriff's Costs: Docketing 18.00 Service 12.32 Postage .39 Surcharge 10.00 .00 ?JrsJo v' 40.71 Sworn and Subscibed to before me this day of , So Answer's : R. Thomas Kline 12/06/2006 RHOADS & SINON By: J Deputy Sher A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06662 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRISBURG ACADEMY THE VS MOHMAND DAVID ET AL GERALD WORTHINGTON , Sheriff or Deputy Sherif Cumberland County,Pennsylvania, who being duly sworn acc says, the within COMPLAINT & NOTICE was served up MOHMAND JEANNIE DEFENDANT , at 2018:00 HOURS, on the 5th day of Dec at 4020 LISBURN ROAD MECHANICSBURG, PA 17055 by handing to JEANNIE MOHMAND a true and attested copy of COMPLAINT & NOTICE tog f ing to law, the r , 2006 er with and at the same time directing Her attention to the conten4 thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16. 0 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/06/2006 RHOADS & SINON By: , Deputy Sheri A. D. WRIT OF EXECUTION and/or ATTACHMENT AMEN= COMMONWEALTH OF PENNSYLVANIA) NO 06-6662 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE HARRISBURG ACADEMY, Plaintiff (s) From JAVID MOHMAND AND JEANNIE MOHMAND, 4020 LISBURN ROAD, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY OF DEFENDANTS, JAVID AND JEANNIE MOHMAND, LOCATED AT 4020 LISBURN ROAD, MECHANICSBURG, PA 17055. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $25,642.00 Interest $976.75 (01/11/07 - 05/03/07) Atty's Comm % $2,661.00 Atty Paid $$148.21 Plaintiff Paid Date: MAY 3, 2007 (Seal) REQUESTING PARTY: Name JENNIFER ZIMMERMAN, ESQUIRE Address: 1 S. MARKET SQUARE, 12TH FLOOR P.O.BOX 1146 HARRISBURG, PA 17108-1146 Attorney for: PLAINTIFF L.L. $.50 Due Prothy $2.00 Other Costs $417.00 (TO DATE) Lepury Telephone: 717-233-5731 Supreme Court ID No. 89459 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned Expired. Sheriff's Costs: Advance Costs: 200.00 Sheriff's Costs 83.79 Docketing 18.00 116.21 Poundage 1.65 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 08/13/08 Mileage 10.00 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage 1.64 Garnishee TOTAL 83.79 ?, ?Q So s; R. o Kline, ff B