HomeMy WebLinkAbout02-3757IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
M.S. CARRIERS, INC.
Plaintiff
V.
MYLES WORTHINGTON, III
Defendant
CIVIL ACTION - LAW
No. 3q..C7
NOTICE TO DEFEND
TO:
MYLES WORTHINGTON, III
227 E. King Street
Shippensburg, Pennsylvania 17257
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the foregoing 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 OR KNOW A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
GRIFFIT]ff, STRICKLE~, LERMAN,
BY: C~i~s B'lC~l~int~'
, Esquire
Attorney for Plaintiff
Supreme Court I.D. #36208
110 South Northern Way
York, Pennsylvania 17402
Telephone: (717) 757-7602
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas
expuestas en las paginas siguientes, debe romar accion dentro de veinte (20) dias a partir de la fecha
en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o pot
abogado y presentar en la Corte pot escfito sus defensas o sus objeciones a las demandas en su
contra.
Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir
en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por
cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER
DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI USTED NO
TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
M.S. CARRIERS, INC.
Plaintiff
MYLES WORTHINGTON, III
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW, this _~day of July, 2002, comes the Plaintiff, M.S. Carriers, Inc., by and
through its attorneys, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, and Charles
B. Calkins, Esquire, and files this, its Complaint against the Defendant, Myles Worthington, III, and
avers as follows:
1. The Plaintiff, M.S. Carriers, Inc., is a corporation, duly authorized to do business in
the Commonwealth of Pennsylvania, and organized and existing under the laws of the State of
Tennessee with its principal place of business located at 3150 Statues Cove, Memphis, Tennessee.
2. The Defendant, Myles Worthington, III, is an adult individual currently residing at
227 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257.
3. On or about October 13, 2000, the Defendant executed a Student Loan Agreement
with Plaintiff, in the amount of Three Thousand ($3,000.00) Dollars, for the purpose of paying costs
associated with attending M.S. Carriers' track driving school located in Hanover, Pennsylvania. A
true and correct copy of the Student Loan Agreement, is attached hereto, and made a part hereof, and
marked as Exhibit A.
4. On or about January 3,2001, Defendant defaulted on the terms of the Student Loan
Agreement payments.
5. As of September 10, 2001, Defendant remains owing a principal balance of Two
Thousand Eight Hundred Thirty-Six Dollars and 60/100 ($2,836.60), plus late charges as defined
in Exhibit A, the Student Loan Agreement.
6. Plaintiffhas demanded payment from the Defendant, but Defendant has refused and
continues to refuse to pay the same or any part thereof.
7. The amount in controversy herein requires mandatory reference to arbitration.
WHEREFORE, Plaintiff respectfully demands judgment against the Defendant for the sum
of Two Thousand Eight Hundred Thirty-Six Dollars and 60/100 ($2,836.60) together with interest,
reasonable attorneys' fees and costs of suit.
pjb~cbc\rascarriem.cmp
By:
GRIFEITH, STRICKLER,
SOL }MOS & C LK1NS
Supreme Court I.[. #36208
Attorney for Plainl Iff
110 South Northern Way
York, PA 17402
(717) 757-7602
LERMAN,
~,K1NS, ESQUIRE
OCT-I~-QO . ~T:6~* FRO~-I~ ,~.r~RIER$ D]~I¥1NCG AC~D~,~f +~OI-ST$'iZS~
0/01! F"4Z8
l~ ca"row~' bl'~'1''~ W. ~,1, ;.~,-m 'FrY
City and StaIe Shim".a',-1,,.~. 'PA
'o~-'-.'~.),(,S, Cm~m m~k&i-,d~ schOOl,
Lo~n
Basic ht'ormatiou iboa~ ~ r Oblli~ou
Itemization of tke Amo~mt t~Lmu~ed
V, 34 21600
STUDENT LOAN AGREEMENT
Prepaid and
Refinaaced
Afftounts
Eat[re Balance
Due
Collection Costs
De[ny in Enforeement
Dishoaored Cherl~
No Waiver
NOTICE: THE PROVL~IONS ON THE BACK ARE PART OF THIS AGREEMENT
TERMS WHICH ARE PART OF TIlE ~TUDENT LOAN CONTRACT
I wi{l pay the Total Paymmt~ shown oa the previous l~ge in ti~ insiallm~uis that are also show~ on tbe
finance cl~ge refund in the sam~ way. The refund will be has~d upon the A~tuagal Method whkh is a
You can r~luire that the ontit~ b~lance of my d~ot b ¢ paid at o~c~, wRhoui prior notice or ci~nnnd, if
1. I do not ply au instaflmvat wlthin thirty (30) days of its duc date; or
4.I beoume unetnploycd, insolvent or subjea to a hankmptcy proceeding; or
I di~ b~ome disabled or b~come inoapacitatad; or
You can delay enforcing any of your righ~ without losing Lbem. (You can waive or delay eni'o~:ing a
under this coniract without releasing another.) You need not give no. ne a notice of your waiver, delay or
I vail pay to you a $$.00 charge (or such 8realer amount as is permitted under applicabla law) for
If any pan of this ¢ontraa is unenfoweable, this will not make any olhea' part unenforceable.
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSE ~*'11 ICH THE
DEBTOR COULD ASSERT AGAINST THE LENDEROBTA1NED' PUR~UAA~T HERETO OR WIT!~ THE pROCEEDS HEREOF.
NOTICE TO CO-SIGNER
Youa~b~L~uk~dtoguarant~thisdcbt. Thinkcarcfu!ly befon:youdo. [ftM~wd~n't~y~d~uwill~ve~. Bc~uc~
} ~me ap~ ofy~r ~t ~,
Co-~{nor's Sur~ ~ment: Y~, the ~ ~ ~ '~Si~' below, ~m{~ ~ ~y to us or ~ ~ o~ ~a A~nt Fi~, pl~
ae~ova~e re~vi~ a ~mplele ~py of th}s Con~
C~S~', Siguature
Rte
Co.Signcr's Nam~ and Addreas
M.S. CAR~T~.-~S PROF~..~.~IOA!AL DRMNG ACaDEmY AT
FL~NOVER~ TOWNSHIP, PENNSTLVAN/_~
T~IS ~0r,Lw~ ~T (t~%~ "Contract',) is made ~d entered /~to by
and be~we~ M.S. C~r4~r~, ~c., d/b/a M.S. C~ars ~rofes~i~s~ Dri~
Aca~y at ~nnver To~p, '~e~n~ylv~{a (hereinafter r~red t~ as ~
"S~oI") located at ~ov~ ~dustri~l Estate, ~41 Ste~ ROad, ~over
"St~nt") , whose a~ess is sho~ b~low.
!.0.
~l~OGP3%M._~ Studemt hereby enro~ ~ ~ i~ t. ha TrUck Dri~ ~se
(the "Co~se") at M.~. ~ ~ZO~SI~ ~ A~ AT ~
2~ OO · ~e ~se s~ed~e ~11 co, let of 231 clock ~s 6f
class~om ~d ~ge ~t~c~ over a 14 ~y p~iod. ~a~ sessio~ of
the ~se ~11 be ~ ori~i~ ~e~o~.3 St~,8.~t ~ be a~v!se~ of
1.1
~ The S~%ooi is owned a~d operated by M.B. Carriers,
inc. ("H.S."), a corpor~tiun or~am/ze~ a~d existtn~ un,er the laws
of t-he St~te of T~essme with its ~:rinci~a~ place of bus/ness
~ocatmcl at 31~0 Stsrnss Cove~ Memp~4s, T~. -"
!.2
(5) ~ys of ~ses. '-
NDTIC/ES: AJ~ notices ~ivan hereunder must be in wri~in~
post~e ~r~. No,ices s~t to th, Sch~l ~st be ~sse~ to
M.S. C~ri~s' ~fessi~l Dr!~n~ ~a~,
~ To~p, PA 18706. No~icas ~o S~= w~l
Stud~t's a~s as noted bel~, 0R ~ Stud~=~s ~ ~t
~D~SS OF ~CO~. ~e SC~I ~d St~t ~ve
they ara et~r (i) received; (ii) r~fused,
2.0
~ ;~l. lm_f t. he "Fees'! for ~he C~urse
Student si~ ~e Co~rac~. St~
Contract ~=~ he has attended five IS)
iuclude, am~g o~r t~s, ~e ~a~enn for rm~s~atlon, tuition,
meals and lcdg~. Books ~d currl~ marcia!s, r~
Page 1 of
3.0
fees, physical ~xaminatton costs and other fees ar~ ~nclUded in t. he
total tuition fee.
STOmENT ACCEPTS THE FINANCIAL RESPONSIBILITY FOR PAYMENT O~ T~
FEES ACCORDING TO THIS CONTRACT. Student understands and
acknowledges t_hat he wi!l pay the r~istratio~fe~ .and tbs tu/tion
fee upon enrollment or Student may, at t~le School's sole
discretion, enter into a student Loan Agreem~Dit provlde~by the
School.
2°2.
~ Student aR~rses to pay a $150.05 Registration
Fee upon si~ning the Contract. The Rsgistration Fee is fully
refundable if Student requests cancellation witT0/n five (5)
calendar days after sig~ling the Contract, if nO classes have been
attended or materials used. A request for cancellation which is
not made in writing shall be confirmed in w~itTn~ by Student
within an additional period of ~ive (~) calendar days. The school
may retain all of the fee after five-lB) =~len~ar days or after
ten (10) calendar days absent written confirmation, where
required.
2.3,
E : Studen~ undsrs~and~ that~ while attendin~
t_ha school, he will be responsible for payin~ ~11 of h/s living
expenses, inc!ud/ng meals, personal livin~ ex, Rheas a~d perso~aI
supplies..and, that at some lodging facilit£es, S~udent may also be
responsible for other items such. as bed linens and coverings,
towels, etc. Student has the option of provid/ng his own lodging
end meals or havln~ the School provide iodgin~ and meals for
Student at cost to the Student. Meal tickets are given on a daily
basis during the week, and are give~ on Friday.in advance for the .
weekend. Any meal tickets returned at the end 'of the school term
are credited back to t_he Student. Student agrees t_hat he
will be resl~Onsihle for his conduct and agrees '~o r~fmburse a_nd/or
indemnify the School for any lodging damage o&~sed and/or extra
expenses incurred as a result of the Studeat's conduct or
nsgligenc~ .......
FINANCIAL AI~: ~t~d~n~ understands that the School m~y, at tbs School's
sols discretion, Tend, advance, or otherwise provide Student with
financial assist,%noe; however, the School is not obl£gated to lend,
advance or otherwise provide him with any financial assistance.. If
Student ne~- a lo~n or a credit extension to pay some or all of his -'-
Fees, he mus~ enter into a separate agreement with a lender providing
the financial assistance. Ali loansahd extensions o~ c~edit ~or the
payment of the Fees are and wi!l be separat~ from ~- Contract.
Student understands that, if he qualifies for A loan frog's lender
for payment of ~he Fees and if~Student presentF docUmentS
acceptable to the school ehowin~ ~bst he has qualif£ed for %2%e
loan, any loan monies must be disbursed to the School o~. the date
specified in Student's financial agreement with the lender, ~
that these mon3.es will be applied toward payment of the Fees.
Page 2 of 8
3.2.
SCudent further underst~-~ and agrees t, hat, &t enrollment, be
must pay to the School all Fees that are in excess of tt~ loan
amount and that the l~n~r's failure to.disburse the
for any reason on the specified ~ate will not relieve Student
his obligation for oav~,~t Of such amounts, which be
ira~ediatelvDav to the School or the OPerator.
Student understands that, unless the School has dee{~ in i~
discretion ko provide f{~-c~al asais~e to h~m, the School will
not be responsible fort_he administfahion Or d~ra~ion of any such
loan pro~l~am from which he may obtain a loan for payment of Fees,
and, further, the school will not be responsible for providing or
explaining to Student the f~.ncin~ agraeme~xt or other loan
documentation.
~ Student unf~erstands that the School may offer
financial assistance programs to qualified aPPlicants and that the
School reserves the right to mo~ifY{_Char~e, or rescind these
offers, at' shq~ time. Studs:at understands that if he qualifies for
any financial assistance pro,ram cffere~i by ttua school, the terms
and conditions of h/s obli~ation to rel~ay such
assistance will remain totalIy separate from alld indepen~ant of
this Contract and will be contained -in a sepkra-te ~9reement (t/me
"Loan A~ree~ent") between Stux~.nt a~d the School. The Loan
Agreemexxt ia b~reby incorporated into this Co'~:ract by reference.
UPON SIG'NZN~ THiS CONTRACT, STUDENT ~r~y ACKNOWLEDGES THAT HE
HAS RECEIVED, HAS READ, AND FULLY UNDERSTANDS ALL OF THE
PROVISTONS OF ~ LOAN A~MENT (IF HE IS P, EmRTVING FINANCI3tL
ASSISTANCE FROM THE SCHOOL). STuu~ U/~DE~ST3XNDS AND ASP, EES THAT
TEE SCHOOL ~ AND WILL ~URSLVE COLLECTION OF ~ DEBT BY ALL
AVAILABLE LEGAL MEAES IF $'~'UDENT DOES 5r0T SATISFY
TO PAY ARM /~40URTS BORROWED FROM '&'~ SCHOOL. STUDENT ALSO
UNDERSTANDS TEAT HIS NO~=PAYMEET CAN BECOME PART OF ~IS PERS01~AL
CREDIT ~ISTORY. --
3.4. F - The School does no~ assign a~y finance char~es
to student loans.
3.5.
3,7.
~ If a payment is more then ten (~0) days late', the
lesser of a $$ penalty fee or 5% of the late payment is char~jed.
~ If a payment is received early, Student will neither
be penalized nor rewarded.
COSTS OF COLLECTIONA~D ATTORNEY,S F~ES~ Stude~t a~rees~to pay
any applicable court costs and attorney's fees incurred in the
collection of any past due loan amou_~t. Attornmy's fees are added
to the loan at twenty percen~ {20%) of any balance up to five
hundred dollars ~S00). A te~ percent (10%) attorney, s fe~m is
char~ed for a balance over fi~e hundred ~ollars '($500}.
Pa~e 3 of 8
3, B. Credit ~-.ife InsUrance and/or credit ':~isability insurance is not .
required to obtain credit, nor is it provided.
THE CHART BELOW INCLUDES ALL COSTS THAT STUDENT SHOULD ~ WHILE
ATTENDIN~ THE COURSE AND THAT ARE NECESSARY FOR G~ADUAT/ON. S'~'uuENT
ACKNOWleDgES T~%T T~E FEES SET FORIN BELOW A~ DSE A~D T~AT TH~ METHOD
OF PAXHENT SHOW~ BELOW WILL BE USED:
P. EFUND AND W~uu~uRAWAL POLICE: ~tude~t is not. required to sign
Contract or pay any monies to the Sckool until he ha~ attended five (S)
days of classes. If Student decides not to enroll in the Course at
time during the first five (S) days of classes, he c~n do so w!t/%oHt
hav/n~ to pay any. monies to ~he School, if he notifi~ the school in
w~iting. Furthermo=e, Pennsylvania law requires that Student be able to
obtain a ful~ refund of ~!1 mbntes paid to the School if he notifies the
School of his intentions to cancel th~ Cont=acn in writ. ins within fiv~
(S) calendar ~lays after signing the Contract, if no 6iasSes have been
attended or-materials used. Student may use any written statement that
is signed and dated by Student and t2=at states Student's intention to
cancel.. If Student cande!s by mail or telegram, he must sen~ the notice
to the school at the address provided in the introductory paragraph of
tkg Contract. ~ r-e~fueat for cence~latlon which is not made in writ~n~
shall be confirmed in writing by Student within an additional period of
five (S) calendar clays. The School may retain.alt of ~he fee after five
{5) calendar ~ays or after ten (10) calendar days absent written
confirmation, where required. ' ...........
4.1.
After signing the Contract, Student may cancel or terminate the
Contrac~ by notifying the School in writing. If Student cancels
the contract after signing the Contract, Student is not entitled
to a full r~fund of monies paid 'to t~e School i~ classes have been
attended or ~aterials used. Student will, howler, be entitled to
a partial refund based on a pro-r~tion of the entire amount of
monies paid by the number of days that student a~tended class.
(For example, if Student pays $28~0.00 to the Schoo~ upo~-signin~
the Con=tact and then ~ecides to cancel after attending !0 days of
Page 4 of 8
classes, Student will be entitled to a refur~f $I~50.S4 (24 days
of classes, $2830.00 total fe~s; $2830 df~de~by 24 da~s of
c!asses ~ $117.91 per day of class; i0 days of class = $1179.16;
$2830.00 z 11T9.1~ = $1650.84 partial refundi.
4,2.
The termination date for refund computation purposes is the last
date of recorded attendance of Stt,~ent. '-
4.3. The School shall make refunds within thirty (30) calend~r days cf
the date the student fails to enter or leaVeS ffe Course.
4.4. A~ applicant rejected by the School is entitle~ to a refund of ,
monies paid to the School.
~ Student acknowledges that this Co~act is an
obS!gation for ~ Course to be con~cted at the Tr,{~in~ Cantmr
Location and that Student's obligation hereunder wilI not be ch~ad or
altered by any conditions resu!tin~ from employment, termination,, or
non-employment by M.S., ~xcept as stated in this Contract. Student
acknowledges ~h~t tb~s Contract contains al! of ~he terms of t-he
e~rollment a~raement and ~h-t t. here have be~n no verbal promises or
ag-renme~ltS made other~h~n those herei~ ....
5.1.
Student understands that he is being admitted to ~h- Course ~aeed
on the application which he has previously submitted to the
School, and Student hereby affirms to th~School that the matters
set out in the application are and remai~ true=~nd correct.
Student understands that the School reserves the right to make
chan~es in course conten~, fees, equipment, ma~%rials,
o~ganizatio=, policy an~ curriculum as circumstances dictate.
Student acknowledges that he has racer%ed a copy of the School's
policies, ruTas and re.!at!ohs. Furthermore, Student u:lderstands
that his right to come onto any of t/la S~hool'~'premisee, plants
and facilities, is Conditioned upon l%is a~r~ament to abide ~y si1
of the School's policies, rules, and regulation.
NO G~IARANTEE OF ~LO~: STUDENT HEREB~ ACKNOWT.~ES AND A~S
~T, BY ~OLL~ ~ T~ CO~E, ~ IS ~OT ~ ~LO~
BY H.S. ~ T~T ~ WILL EOT BE PAID FOR A~ ~ CO~E OR
CO~SE. ~Tum~ ~T~ ~ER~ ~ A~S T~ ~ OFFER OF
OF T~ CO~SE, ~L ~L~ ~ H.S. ~Q~S FOR
S~JE~ T0 OR ~SC~ED B~ ~ON H.S.'S ~ED FOR D~RS.
5.3.
Sturlent further acknowledges that he is respons'ible for any
financial a~reements between himself and any lender relating to
the borrowin~ of funds for the payment of Fees.'
S,4. Student acknowledges that he has received a copy of this Con=tact
and the curry_hr studen~ in£ormation publication [the "Catalog")
· Page 5 of 8
6.0.
10.0
relating to the Course and that he has read all of the provisions
of t. his Contract and the Catalog carefully.
D~SS~L A~D/D~' ~ ~'i'~B~AWAT,: Student undersbands t~-t the School may
dismiss Student from the Course if he fails ~o co~ply with the Contract
or with the policies, rules and regulations adopted by the school; if
any statement-'in h/s application proves to be untrue or'mislead/_ng; if
he fails to maintain the qualifications on the basis of which he was
selected for admitt~anoe to ~ Course; i£ he does net attend the
training sessions; and/or if the Sc~u~ol otherwise decides in its sole
d/scretion e~-t he is u~suitable for thm Course. ~
from the CO~m~ at any time in b/s discre~-~j _ If t_ha school disnt~sses
Student or if St~d,nt wi~hm~awa from the Course for any ~aaeo~, _~h,~
Mtudent will b~ and will rem-~ reson~-~e for the Demerit of ~y
amount borrowed from the School. eub4ect to the refund Dolicv set forth
in ~ 4.0 of ~h~ C=utra~,
STATT3~ OF ~MPLOYI~ BY M.S.: Student understands that, if he is offered
and accepts employment with M.S. after co,~,~letion of the'~urse, the
terms of his em~loyment will be determined at that time by M.S., and ha
must report to M.S. with~ thirty ¢~0) days of Course completion.
Without limitinE) the rights of M.S., Student understands that he must,
at all times, meet M.S. 's requirements for continued employment.
Student also uzkderst~, and a~eas t_hat, i~ he is a~i~lo~Ted by M.S., he
will be considered'ah emclovee ~-w~]. Bp~h M.S. 'al{a Student have the
right to t*~n~nate any employment relationsb/p at any tame, fo= any
reasc=, or for z~o =eason,'as lon~ as the termination c~oes not violate
state or feds=al law.
~ Student ~mr~by waives all rights to proceed against M,S.
~he Smh~ol an~ ~reby taluses M.S. ~d tko S~ol f~m ~y ~d
ii~illty to him for ~y init, loss, claim or o=~r ~m-~e he may
susta~ while participat~ ~ ~e Co,se ~d/or while on ~ property
of M.$. or the Sc~ol, ew~ if ~e init, loss, claim, or other
~ises from the ne~Iigence of M.S. or ~e School or from a ~tter for
which M.S. or the School ~ s~r!ctly li~le. Stud~t is ~t r~eas~g
M.~. or the S~ool from li~i!ity for its ~t~ntional or gross fault
~t caus~ damage to ~m or t~t limits ~e !i~ility of M.S. or the
School for causing physi~t ~ju~ to him.
g~. UD~n successful con~letion of the Course, the School 'will
award student a certificate evidencing Student's successful completion
of =he Course.
. The Catalog ~rovides for a procedure that students
mus~ follow wi~h respect to complaints cc~cmrntr~ ~he Course. iq~y
~estions or c~ce~ regardin~ M.S.'s satisfa=t~n of ~ te~ of this
~ntract may be ~rected ~o Driver ~ade~ M~ager, M.S. Carries, Inc.,
P.O. B~ 30788, 3171 Directors ~w, Memphis, T~ess~ 38130-0788. The
School is llc~sedhy ~ State ~oard of Private Licensed Schools,
Pe~sylv~ia Dep~tm~nt of Education. ~esti~ or O6~c~s ~b~t are
not sa~isfactori!y resolved by the person dasi~ted~ve orby other
Page 6 of 8
school officials may be brought to the attention cf 2he State.Board of
Private LicenSed Sc~la, Pennsylvania De~rtment of. Educatio~
Market Street, Harrisburg, Perm~ylva~ia 17126-~333-
11.0 bLI~C_ELLA/~EOUS PROVISIONS:
11.1.
11.2.
~ This Co~trac~ shall b~nefit and shall be binding
upon t. he partiss hereto, and t. hsir respective heirs, persor~%l
repressntatives, successors, transferees, and assigns.
Cons.truction Of C~rta4~ Words: Wherever the s~nse of this
Co~tract reguires it: (i) the sin~lar shall be co=strued
the plural, or the plural to mean the singu!ar~and (ii) wherever
the masculine, f~mlnine or neuter ~ender is us~-d, each shall.he
construed to mean either or both of the others, or to include
either or both of the others.
11.3.
Entire Acrreement and Amendments: This Contract sets forth ~/~e
entire agreement between the parties and cancels all previous
a~reemants, n6~otiations and promises between the pa=ties. This
Contrao~ may ~ot be released, discharged, abandoned, change~,
modified or terminated in any m~nner, orally or otherwise, except
by an ~nstrument in writing signed by the.parties h~re~o or a du~y
authorized officer or representative of t_he parties hereto.
Waiver: No proviz!on pf the Contract can be w~ivedhy either
party, except by an instr%unent in writin~ ex-~ressly waiv4ng said
proves±on wh/ch is signed by the parties hereto or a duly
authorized officer or representative of ~h~ party. If either
party fails to enforce any provision of the Contrac~ for~any
reason at any time, such failure shall no= pregent tb~t party from
enforc!n~ that provision or any other pro%~lsio~ at a later time.
11.5. Severabiiitw: If'a~y provision of this Acjreement is inwalid,
illegal or incapable of being ~nforced by reas~/~cfanyrule of
law or equity, alt other provisions of this Agreement shall,
~ nevertheless, remain in full force and effect.
11.6.
Head~nq~: The hea6{ngs designated in this Contact are solely for
descriptive purposes and d~ not serve to alter, modify, detract
from or add to the substantivs terms of t~s Contract in any way.
11.7.
o '- Kei~her the $c2~ool nor Student shall be
responsible for its failure izithe p~rformance ~f this Contract in
case such performance is rendered extremely difficult due to an
Act of God, war, civil commotion, laws a~d ordnances, strike or
any other cause which is beyond the control of/that par~y. In
such a case, the parties hereto shall confer to determine the
proper procedures to assure mutual satisfaction and support until
the situation is rectified.
Page 7 of 8 ~
11.8. AssiuTame~t of R~=hts or De!e~ation of ~t~,,. Tk~ School may
assi~ this Contract and any right or obligation here~der to any
affiliated company or successor company and will, in sur. h event,
provide written notice of such assignment to Student. I.n addition,
t. he School may delegate ~hel performance of an~ obligation
hereL~der to any affiliated cbmpany or succesSOr company. The
rights or obligations of Student hereunder maF r~ot be sold,
assigned, delegated or otherwise tr-~=ferred ~y St~de~lt without
the prior writte~ approval of M.$. or
SY COMPL~'a'~ THIS CO~TaACT, STUDENT A~REES THAT HE HA~ READ ALL PARTS OF T~IS
CONTRACT AND FULLY UNDERSTANDS AND A~REES TO ALL OF THE TEI~S AND CO~DI~IONS
~RI~T STUDENT S FULL ~AE~ STu~u~T'S SI~KATUR~ SOCIAL S~C. NO. -
ADDRES~ I '' ' CZ~ S'TATE ZZP DAXE' ~HONE NO.
ONLY IF ~OU ARE _~_~C~IVIN~ F!~_~.mTIL A~SI~T~NCE THROUGH THE SmwQC~%',
U~0N SIG~F//~ ~-~S CONTRACT, S'a'uDENT ~%EBY ACKNOWLEDGES A/TD A~REF~ T~AT HE ~%S
R~CEIVED, ~AS READ, AND ~LLX URDEP, STANDS ALL OF THE ~ROFISIONS OF =~ LOAN
A~AEEM~NT.
Accept~ulce by · · IN' representative:
SIG[N-A'I'~E: . TI DATE:
Page 8 of 8
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
M.S. CARRIERS, INC.
Plaintiff
V.
MYLES WORTHINGTON, III
Defendant
CIVIL ACTION - LAW
No.
VERIFICATION
I verify that the foregoing facts are true and correct, upon my personal knowledge or
information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unswom falsification to authorities.
Date: ~'"~ 'ff~ By: .~~
pjb\cbe~mscalllers.cmp
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-03757 p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
M S CARRIERS INC
VS
WORTHINGTON MYI,ES III
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
WORTHINGTON MYLES III
unable to locate Him
COMPLAINT & NOTICE
in his bailiwick.
but was
He therefore returns the
the within named DEFENDANT
, NOT FOUND , as to
WORTHINGTON MYLES III
NOW LIVES AT 6134 WHITE CHURCH ROAD SHIPPENSBURG WHICH IS IN
F~-ANKLIN COUNTY. NEVER RECEIVED FUNDS TO DEPUTIZE THEM.
Sheriff,s Costs:
Docketing 18.00
Service 13.80
Not Found 5.00
Surcharge 10.00
.00
46.80
R. Thomas Kline
Sheriff of Cumberland County
GRIFFITH STRICKLER LERNiAN
09/27/2002
Sworn and subscribed to before me
this ~
day of ~
~oe~L ~ A.D.
Pr6t~onotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
M.S. CARRIERS
~ Plaintiff .
V.
MYLES WORTHINGTON, III '
Defendants .
Civil Action - Law
No. 02-3757
Jury Trial Demanded
_PRAECIP~E TO REINSTATE COMPLAINT
TO: PROTHONOTARY
Please reinstate the Complaint which was filed regarding the above-referenced matter.
Date:
Respectfully submitted,
SOLYMO/g &~
By: ~
GRIFFITH, STRICKLER, LERMAN,
alkins, Esquire
Plaintiff
Supreme Co]trt I.D. No. 36208
110 South N, lrthem Way
York, PA 174~)2
(717) 757-7602
.... SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-03757 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
M S CARRIERS INC
VS
WORTHINGTON MYLES III
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
WORTHINGTON MYLES III
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of FRANKLIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On A_~ril 14th , 2003
this office was in receipt of the
attached return from FR3LNKLIN
Sheriff,s Costs:
Docketing
Out of County
Surcharge
Dep Franklin Co
18.00
9.00
10.00
36.06
.00
73.06
04/14/2003
Sheriff of Cumberland County
GRIFFITH STRICKLER LERMAi~ SOLY
Sworn and subscribed to before me
this ! ?~_ day of ~_~
-/~3 A.D.
/ I Prothonotary
.. SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00066 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
M S CARRIERS INC
VS
MYLES WORTHINGTON III
JOHN J FIGNAR , Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE AND COMPLAINT was served upon
WORTHINGTON MYLES III
the
DEFENDANT , at 0010:21 Hour, on the
at 6134 WHITE CHURCH ROAD
4th day of April
, 2003
SHIPPENSBURG, PA 17257
MYLES WORTHINGTON III
by handing to
a true and attested copy of NOTICE AND COMPLAINT
together with
and at the same time directing Hi___~s attention to the contents thereof.
Sheriff,s Costs:
Docketing 9.00
Service 9.00
Affidavit 4.00
Surcharge 10.00
Mileage 4.06
36.06
Sworn and Subscribed to before
me this ~ day of &00
Notary t'' O
So Answers: //~ --------__
o4/o
GRIFFITH STRICKLER ET AL
Iff The Court of Common Pleas
M.S. Carriers Inc
VS.
Mytes Worthington III
SERVE: Myles Worth/ngton III
No.
of Cumberland County, Pennsylvania
02-3757 civil
NOW, March 26, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Franklin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
upon /~- A/~ ,~
~///
at
a
copy of the ori~na!
So answers,
Sworn an~subscribed~efore
me this _c.~. day of J+p~ ,20 O~
County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
M.S. CARRIERS
Plaintiff
VS.
MYLES WORTHINGTON, III
Defendant
Civil Action - Law
No. 02-3757
JURY TRIAL
DEMANDED
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
ENTER JUDGMENT in the above case pursuant to the attached Notice of Intention To Enter Default
Judgment filed with the Cumberland County Court of Common Pleas
in favor of Plaintiff, M.S. Carriers
in the sum of $1,937.58 together with interest plus costs of suit.
Total: $1,937.58 plus interest and costs of suit
I hereby certify that the attached Notme of Intention To Enter Default Juk~grnant is a true and correct copy
of the original Notice of Intention To Enter Default J~dgm{ that was mailed to the Defendant on
December 10, 2003, pursuant to Pa.R.C.P. 237.1. ~ ~ ~
Charles B. Calkins, Esquire
tenor of the above statement.
,2004 Judgment entered by the Prothonotary this day according to the
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
M.S. CARRIERS
Plaintiff
MYLES WORTHINGTON, III
Defendants
Civil Action - Law
No. 02-3757
Jury Thai Demanded
NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT
TO:
Myles Worthington, III
P.O. Box 443
Shippensburg, PA 17257
DATE OF NOTICE: December 10, 2003
IMPORTANT NOTICE:
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
BY:
Attorney for Plaint~q~f
Supreme Court I.D.~36208
110 South Northern Way
York, Pennsylvania 17402
Telephone: (717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
M.S. CARRIERS
Plaintiff
MYLES WORTHINGTON, III
Defendants
Civil Action - Law
No. 02-3757
Jury Trial Demanded
CERTIFICATE OF SERVICE
AND NOW, this llth day of December, 2003, I, Charles B. Calkins, Esquire, a member
of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify
that I have this date served a copy of the NOTICE OF INTENTION TO ENTER DEFAULT
JUDGMENT by United States Mail, addressed to the party or attorney of record as follows:
Myles Worthington, III
P.O. Box 443
Shippensburg, PA 17257
By:
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
C LINS, ESQUIRE
Supreme Court I.D. ~36208
Attorney for Plaintif
110 South Northern Way
York, PA 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
M.S. CARRIERS
Plaintiff
VS.
MYLES WORTHINGTON, III
Defendant
Civil Action - Law
:
No. 02-3757
:
JURY TRIAL
DEMANDED
:
_.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF YORK : ss
Charles B. Calkins, Esquire, being duly sworn according to law, deposes and says that he is counsel for
Plaintiff in the above-captioned matter; that he personally knows the Defendant, Myles Worthington,
III, whose last known address is P.O. Box 443, Shippensburg, PA 17257, is over the age of 18 years;
and that he is employed at unknown.
Charles B. Calkins, Esquire, further avers that Defendant is not in the Military Service or in any branch of
the Armed Forces of the United States or its Allies or otherwise within the provisions of the Soldiers' and
Sailors' Civil Relief Act of Congress of 1940 and its Amendments.
Charles B. Calkins, Esquire, further avers that Defendant, Myles Worthington, III, has not filed an
appeal with the Cumberland County Court of Common Pleas, in Cumberland County, Pennsylvania.
SOLYI~Ofi~&: IDA] LICNS
BY: C~.~ ~s,~squire
Supreme Court I.D.# 36208
Attorney for Plhntiff
110 South Nonhero Way
S~vom to ~d subscribed York, Pe~sylv~ia 17402
befo~? this ~ day Telephone: (717) 75%7602
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