Horton v Avon Old Farms School

Case: 1:10-cv-01622-DAP Doc #: 1-1 Filed: 07/26/10 1 of 17. PageID #: 5

St;olf{ord&St8fford en LrAl1 ATTORNEYS AT LAW

Tilt Staf{ord Building I. 2105 Ontario Smet

CleveLol.1ld, Ohio 44115 216-141-1074 T~lerhonc 216-241-4572 Fdt:simiJe

IN THE COURT OF COMMON PLEAS GEAUGA COUNTY, OHIO

CHARLES HORTON, a minor, by and ) CASE NO.:

through his natural mother and legal )

guardian, CATHY B. HORTON ) JUDGE

121 Champion Lane )

Chagrin Falls, Ohio 44011 ) )

and )

)

CATHY B. HORTON )

121 Champion Lane ) COMPLAINT


Plaintiffs ) (Jury Demand Endorsed Herein) )

v. ) )

THE A VON OLD FARMS SCHOOL, )

INC., )

a.k.a. AVON OLD FARMS SCHOOL )

500 Old Farms Road ) A von, Connecticut 06001 )

) and )

) JOHN DOES f JOHN DOE ) CORPORA TIONS I-IV ) Names and addresses unknown )

Defendants )

The Plaintiffs, Charles Horton (by and through his natural mother and legal

guardian, Cathy B. Horton) and Cathy B. Horton, by and through their authorized

counsel, Stafford & Stafford Co., L.P.A., respectfully submit their Complaint against

Avon Old School farms, as follows:

St;olf{ord&St8fford en LrAl1 ATTORNEYS AT LAW

Tilt Staf{ord Building I. 2105 Ontario Smet

CleveLol.1ld, Ohio 44115 216-141-1074 T~lerhonc 216-241-4572 Fdt:simiJe

IN THE COURT OF COMMON PLEAS GEAUGA COUNTY, OHIO

CHARLES HORTON, a minor, by and ) CASE NO.:

through his natural mother and legal )

guardian, CATHY B. HORTON ) JUDGE

121 Champion Lane )


and )

)

CATHY B. HORTON )

121 Champion Lane ) COMPLAINT


Plaintiffs ) (Jury Demand Endorsed Herein) )

v. ) )

THE A VON OLD FARMS SCHOOL, )

INC., )

a.k.a. AVON OLD FARMS SCHOOL )

500 Old Farms Road ) A von, Connecticut 06001 )

) and )

) JOHN DOES f JOHN DOE ) CORPORA TIONS I-IV ) Names and addresses unknown )

Defendants )

The Plaintiffs, Charles Horton (by and through his natural mother and legal

guardian, Cathy B. Horton) and Cathy B. Horton, by and through their authorized

counsel, Stafford & Stafford Co., L.P.A., respectfully submit their Complaint against

Avon Old School farms, as follows:


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Stafford &Stafford Co LrA:, ATTORNEYS AT LA\'.;! II The Stafford Building II nos Ontario Stn.::el i

Cleveland, Ohio 44115 i!,1

216-241-1074 Telephone 216-241-4572 Facsimile

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J) The Plaintiff, Cathy B. Horton, is an individual who resides in the

County of Geauga, State of Ohio, and is the natural mother and legal guardian of the

minor child, Charles HOlion.

2) The Plaintiff, Charles Horton, is a minor child, who resides in the

County of Geauga, State of Ohio, and is the natural son of the Plaintiff, Cathy B.

Horton, his legal guardian.

3) The Defendant, The Avon Old Farms School, Inc., a.k.a. Avon Old

Farms School ("Avon"), is an independent college preparatory school for minor

children, grades 9-12, and organized and existing as a Connecticut Corporation and

educational institution. At all times relevant to this matter, Avon transacted business

with the Plaintiffs located in the County of Geauga, State of Ohio; and the facts giving

rise to this action arise out of an agreement and contract which was sent to the

Plaintiffs and executed by the Plaintiffs in the County of Geauga, State of Ohio.

4) John Does I John Doe Corporations I-IV are individuals and or entities

believe to be involved in the facts and circumstances addressed herein, but whose

names and addresses are unknown to the Plaintiffs.

5) Upon infonnation and belief, Avon advertises and holds itself out to

individuals and entities, including those located in the State of Ohio, as an education

institution of higher learning, through various mediums, electronie or otherwise, for

the purpose of seeking students for enrollment into its educational institution.

6) Avon was recommended and held itself out to the Plaintiffs as a

superior academic and athletic institution, which would be a spring board for the

academic and athletic career of the Plaintiff, Charles HOlion ("Charlie").

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Stafford &Stafford Co LrA:, ATTORNEYS AT LA\'.;! II The Stafford Building II nos Ontario Stn.::el i

Cleveland, Ohio 44115 i!,1

216-241-1074 Telephone 216-241-4572 Facsimile

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J) The Plaintiff, Cathy B. Horton, is an individual who resides in the

County of Geauga, State of Ohio, and is the natural mother and legal guardian of the

minor child, Charles HOlion.

2) The Plaintiff, Charles Horton, is a minor child, who resides in the

County of Geauga, State of Ohio, and is the natural son of the Plaintiff, Cathy B.

Horton, his legal guardian.

3) The Defendant, The Avon Old Farms School, Inc., a.k.a. Avon Old

Farms School ("Avon"), is an independent college preparatory school for minor

children, grades 9-12, and organized and existing as a Connecticut Corporation and

educational institution. At all times relevant to this matter, Avon transacted business

with the Plaintiffs located in the County of Geauga, State of Ohio; and the facts giving

rise to this action arise out of an agreement and contract which was sent to the

Plaintiffs and executed by the Plaintiffs in the County of Geauga, State of Ohio.

4) John Does I John Doe Corporations I-IV are individuals and or entities

believe to be involved in the facts and circumstances addressed herein, but whose

names and addresses are unknown to the Plaintiffs.

5) Upon infonnation and belief, Avon advertises and holds itself out to

individuals and entities, including those located in the State of Ohio, as an education

institution of higher learning, through various mediums, electronie or otherwise, for

the purpose of seeking students for enrollment into its educational institution.

6) Avon was recommended and held itself out to the Plaintiffs as a

superior academic and athletic institution, which would be a spring board for the

academic and athletic career of the Plaintiff, Charles HOlion ("Charlie").

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Stafford&Srafford C(J LPA A1TOR:-JEYS AT LAW

Tbe Stafford BuilJillg 2) 05 Onr<lrio Sueet

Clr.::vdllnd, Ohiu 441 J ~ 2l6-24J-1074 Telephune 216·241-4572 Facsuuil<c

7) Avon represcnted, inter alia, that its institution would provide certain

superior academic and social standards and practices, and would protect the health,

safety and welfare of its students.

8) Avon made such represcntations and held itself out to others, including

the Plaintiffs, knowing that the Plaintiffs would rely upon such representations when

malcing the decision to enroll at Avon.

9) Avon lmew or should have known when making such representations,

that the representations were inaccurate, misleading and lor false.

10) The PlaintilTs relied upon the representations made by Avon, and

substantially changed their position in reliance upon Avon's representations.

II) The PlaintifTs entrusted Avon with the responsibility for providing the

superior academic and social standards and practices, and providing a healthy and safe

learning and living atmosphere for Charlie.

12) Based upon the representations made by A von, Charlie applied for, was

accepted to, enrolled in and paid tuition, fees and expenses associated with the 2009-

20 10 academic year at A von.

13) Based upon the representations made by Avon, the Plaintiffs entered

into a written enrollment contract, which the Plaintiffs executed in the County of

Geauga, State of Ohio, on or about March 13,2009, a copy of which is attached hereto

as Exhibit "!".

14) The Plaintiffs incuned and/or paid substantia! expenses relating to

Charlie's enrollment in and travel to mld from Avon.

!5) Charlie's enrollment at Avon was very brief, as he attended Avon for

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Stafford&Srafford C(J LPA A1TOR:-JEYS AT LAW

Tbe Stafford BuilJillg 2) 05 Onr<lrio Sueet

Clr.::vdllnd, Ohiu 441 J ~ 2l6-24J-1074 Telephune 216·241-4572 Facsuuil<c

7) Avon represcnted, inter alia, that its institution would provide certain

superior academic and social standards and practices, and would protect the health,

safety and welfare of its students.

8) Avon made such represcntations and held itself out to others, including

the Plaintiffs, knowing that the Plaintiffs would rely upon such representations when

malcing the decision to enroll at Avon.

9) Avon lmew or should have known when making such representations,

that the representations were inaccurate, misleading and lor false.

10) The PlaintilTs relied upon the representations made by Avon, and

substantially changed their position in reliance upon Avon's representations.

II) The PlaintifTs entrusted Avon with the responsibility for providing the

superior academic and social standards and practices, and providing a healthy and safe

learning and living atmosphere for Charlie.

12) Based upon the representations made by A von, Charlie applied for, was

accepted to, enrolled in and paid tuition, fees and expenses associated with the 2009-

20 10 academic year at A von.

13) Based upon the representations made by Avon, the Plaintiffs entered

into a written enrollment contract, which the Plaintiffs executed in the County of

Geauga, State of Ohio, on or about March 13,2009, a copy of which is attached hereto

as Exhibit "!".

14) The Plaintiffs incuned and/or paid substantia! expenses relating to

Charlie's enrollment in and travel to mld from Avon.

!5) Charlie's enrollment at Avon was very brief, as he attended Avon for

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Stafford &Stafford Co LPA AnORNEYS AT LAW

The Stafford Building ill 2105 Ontario Street

Cleveland, Ohio 44115 il 216-241-1074 Telephone 2J6-241-4572 Facsimile j

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just over one (1) month before returning to Ohio.

16) Charlie's transfer from A von was for academic reasons, personal and

family reasons, and for his health, safety and welfare. The basis for the transfer from

Avon was lor reasons which were not within Charlie's control, but were the result of

issues which were exacerbated by the events and conduct of various individuals on the

campus of Avon.

17) The social climate at Avon was completely out of control and

negatively affected Charlie. Charlie was snbjected to numerous violations of school

policies by the students in dorms at Avon.

18) Charlie was exposed to students engaging in the downloading of

various pornography depicting illegal and deviant acts, including the raping of young

women, and numerous students at A von cheering.

19) When Charlie objected to this conduct, in the dorm rooms, he was

bullied, ridiculed and harassed by the students for not partaking in this conduct. The

dorm room(s) at A von did not permit Charlie to block out this disgusting public

display.

20) Numerous students at Avon, with the knowledge ofthe school and/or

staff members, engaged in "hazing" and forced Charlie to engage in actions meant to

bully, belittle, harass, and embarrass Charlie; including engaging in actions which

forced Charlie to fight for his life; and engage other freshman in the locker room.

21 ) When Charlie objected to this conduct he was bullied, ridiculed,

belittled, and harassed by the students.

22) Despite Avon's representations to the Plaintiffs, of, inter alia, superior

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Stafford &Stafford Co LPA AnORNEYS AT LAW

The Stafford Building ill 2105 Ontario Street

Cleveland, Ohio 44115 il 216-241-1074 Telephone 2J6-241-4572 Facsimile j

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just over one (1) month before returning to Ohio.

16) Charlie's transfer from A von was for academic reasons, personal and

family reasons, and for his health, safety and welfare. The basis for the transfer from

Avon was lor reasons which were not within Charlie's control, but were the result of

issues which were exacerbated by the events and conduct of various individuals on the

campus of Avon.

17) The social climate at Avon was completely out of control and

negatively affected Charlie. Charlie was snbjected to numerous violations of school

policies by the students in dorms at Avon.

18) Charlie was exposed to students engaging in the downloading of

various pornography depicting illegal and deviant acts, including the raping of young

women, and numerous students at A von cheering.

19) When Charlie objected to this conduct, in the dorm rooms, he was

bullied, ridiculed and harassed by the students for not partaking in this conduct. The

dorm room(s) at A von did not permit Charlie to block out this disgusting public

display.

20) Numerous students at Avon, with the knowledge ofthe school and/or

staff members, engaged in "hazing" and forced Charlie to engage in actions meant to

bully, belittle, harass, and embarrass Charlie; including engaging in actions which

forced Charlie to fight for his life; and engage other freshman in the locker room.

21 ) When Charlie objected to this conduct he was bullied, ridiculed,

belittled, and harassed by the students.

22) Despite Avon's representations to the Plaintiffs, of, inter alia, superior

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SI Hfford &St8fford f:o LPA ATIORNEYS AT LAW I

The Srafford Buildiug 2105 Ontario Street

Cleveland, Oh io 4411 ') 2](i-241~J074 Telephone 116-241-4572 FBcsimik

academic standards and practices; academic achievement was not the focus of the staff

and students at A von.

23) Charlie was the first student at Avon to be enrolled as a freshman in

five (5) honor courses, in which he did exceptionally well in the Sh011 time he was at

Avon. Charlie, despite being exceptionally advanced and being accepted into honor

courses as a freshman, was harassed and ridiculed by his peers at Avon for studying

and caring about his grades, while his peers were observed cheering when they

received "Ds" as they did not receive a failing grade.

24) Such conduct was confirmed by Charlie's advisor, Amanda Tramont,

who indicated that she was underwhelmed by the work ethics of the students at Avon,

that the students were not invested in academics, that there were many students with

social problems, that Avon seems to be content with mediocrity, and that Avon's

social environment could be appalling.

25) The conduct of the students which Avon failed to address caused

Charlie to experience increasing amounts of emotional stress and anxiety.

26) Charlie requested additional assistance and time from teachers, and

such requests were either ignored or Charlie was provided an excuse as to why the

teacher(s) did not have the time.

27) The conduct of the students continued and Charlie's emotional stress

and anxiety became overwhelming.

28) Avon failed to intervene or otherwise address the improper conduct and

issues of which it became aware.

29) The representations made in by Avon in its literature, publications, and

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SI Hfford &St8fford f:o LPA ATIORNEYS AT LAW I

The Srafford Buildiug 2105 Ontario Street

Cleveland, Oh io 4411 ') 2](i-241~J074 Telephone 116-241-4572 FBcsimik

academic standards and practices; academic achievement was not the focus of the staff

and students at A von.

23) Charlie was the first student at Avon to be enrolled as a freshman in

five (5) honor courses, in which he did exceptionally well in the Sh011 time he was at

Avon. Charlie, despite being exceptionally advanced and being accepted into honor

courses as a freshman, was harassed and ridiculed by his peers at Avon for studying

and caring about his grades, while his peers were observed cheering when they

received "Ds" as they did not receive a failing grade.

24) Such conduct was confirmed by Charlie's advisor, Amanda Tramont,

who indicated that she was underwhelmed by the work ethics of the students at Avon,

that the students were not invested in academics, that there were many students with

social problems, that Avon seems to be content with mediocrity, and that Avon's

social environment could be appalling.

25) The conduct of the students which Avon failed to address caused

Charlie to experience increasing amounts of emotional stress and anxiety.

26) Charlie requested additional assistance and time from teachers, and

such requests were either ignored or Charlie was provided an excuse as to why the

teacher(s) did not have the time.

27) The conduct of the students continued and Charlie's emotional stress

and anxiety became overwhelming.

28) Avon failed to intervene or otherwise address the improper conduct and

issues of which it became aware.

29) The representations made in by Avon in its literature, publications, and

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Stafford&Staf{ord Co LPA 1'1'

ATTORNEYS AT LAW I The Stafford Building Ii 2}D5 Ontario Street

Clevebnd, Ohio 44115 216-241-1074 Telephone I 216-241-4572 FacsImile I

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by school personnel in regard to Avon were far from the reality experienced by

Charlie while attending Avon,

30) The improper and inappropriate activities and conduct of the students,

and mediocre attention to academics, appears to be tolerated by Avon,

31) Charlie's ability to exercise and improve his academic drive and

ambitions in an appropriate environment, and his health, safety and welfare, were the

central factors in the decision which the Plaintiffs made for the transier li'om Avon,

32) Avon, instead of providing a platform for Charlie to grow and develop;

in fact, had the opposite effect on Charlie, especially in regard to the social climate

and failnre to address the issues brought to Avon's attention by the Plaintiffs,

33) The impact upon Charlie was extremely distressing both mentally and

physically, Charlie's weight substantially decreased in the short time he was at Avon,

34) Through the lack of effort to address the issues witnessed by Charlie,

and the effects the issues were having on Charlie's physical and mental health, Charlie

was forced to transfer from Avon,

35) Charlie's option was either to remain at Avon and continue to endure

the conduct and the same ill effects from the conduct; or transfer from Avon, Charlie

had no choice under the circumstances, but to transfer from Avon, Charlie's mental

and physical well-being were substantially effected by the facts anel circumstances

experienced by Charlie while at Avon,

36) In order to protect the health, safety and welfare of Charlie, the

decision was made for Charlie to transfer back to Ohio, This decision was based upon

Charlie's exposure to forces and conduct which were beyond his control, and were the

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Stafford&Staf{ord Co LPA 1'1'

ATTORNEYS AT LAW I The Stafford Building Ii 2}D5 Ontario Street

Clevebnd, Ohio 44115 216-241-1074 Telephone I 216-241-4572 FacsImile I

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by school personnel in regard to Avon were far from the reality experienced by

Charlie while attending Avon,

30) The improper and inappropriate activities and conduct of the students,

and mediocre attention to academics, appears to be tolerated by Avon,

31) Charlie's ability to exercise and improve his academic drive and

ambitions in an appropriate environment, and his health, safety and welfare, were the

central factors in the decision which the Plaintiffs made for the transier li'om Avon,

32) Avon, instead of providing a platform for Charlie to grow and develop;

in fact, had the opposite effect on Charlie, especially in regard to the social climate

and failnre to address the issues brought to Avon's attention by the Plaintiffs,

33) The impact upon Charlie was extremely distressing both mentally and

physically, Charlie's weight substantially decreased in the short time he was at Avon,

34) Through the lack of effort to address the issues witnessed by Charlie,

and the effects the issues were having on Charlie's physical and mental health, Charlie

was forced to transfer from Avon,

35) Charlie's option was either to remain at Avon and continue to endure

the conduct and the same ill effects from the conduct; or transfer from Avon, Charlie

had no choice under the circumstances, but to transfer from Avon, Charlie's mental

and physical well-being were substantially effected by the facts anel circumstances

experienced by Charlie while at Avon,

36) In order to protect the health, safety and welfare of Charlie, the

decision was made for Charlie to transfer back to Ohio, This decision was based upon

Charlie's exposure to forces and conduct which were beyond his control, and were the

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Sraf{ord&Stafford CoLPAil! ATroRJ-lEYS AT LAW II The Sraf{ord Building 2105 Ontario Street

Cleveland, Ohio 44115 216-241-1074 Telephone 216·241·4572 Fac~imnc

direct and proximate result of Avon's actions and/or failure to act.

37) The Plaintiffs invested and incurred substantial time, expenses, and

money in the process of enrolling in, and trlilsfen-ing fium Avon to Ohio.

Additionally, the emotional and physical toll on Charlie resulting tram the issues a(

A von has been overwhelming.

38) Avon refused to refund all of the funds paid by the Plaintiffs, including

but not limited to, the (uition and expenses paid by the Plaintiffs to Avon.

39) The Plaintiffs were forced to pay additional tuition and expenses

associated with Charlie's enrollment in Ohio for the 2009-2010 academic years mld

thereafter.

40) Upon infonnation mld belief, Avon violated its ovv'l1 policies in regard

to the issues experienced by Charlie while at Avon.

41) Avon's actions mld/or failure to act were willful and/or intentional

and/or negligent or maliciously carried out with reckless disregard for the rights and

legitimate interest of the Plaintiffs; and with reckless disregard to lily dmnages that

might result to the Plaintiffs.

COUNT ONE (Breach Of Contract)

42) The Plaintiffu reallege and incorporate by reference, Para!,rraphs 1-41 as

if fully rewritten herein.

43) A binding contract or agreement existed between the Plaintiffs and

Avon, based both upon the written enrollment contract and the representations and

promises made by Avon mld its staff.

44) The Plaintiffs perfonned their obligation(s) under the agreement(s).

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Sraf{ord&Stafford CoLPAil! ATroRJ-lEYS AT LAW II The Sraf{ord Building 2105 Ontario Street

Cleveland, Ohio 44115 216-241-1074 Telephone 216·241·4572 Fac~imnc

direct and proximate result of Avon's actions and/or failure to act.

37) The Plaintiffs invested and incurred substantial time, expenses, and

money in the process of enrolling in, and trlilsfen-ing fium Avon to Ohio.

Additionally, the emotional and physical toll on Charlie resulting tram the issues a(

A von has been overwhelming.

38) Avon refused to refund all of the funds paid by the Plaintiffs, including

but not limited to, the (uition and expenses paid by the Plaintiffs to Avon.

39) The Plaintiffs were forced to pay additional tuition and expenses

associated with Charlie's enrollment in Ohio for the 2009-2010 academic years mld

thereafter.

40) Upon infonnation mld belief, Avon violated its ovv'l1 policies in regard

to the issues experienced by Charlie while at Avon.

41) Avon's actions mld/or failure to act were willful and/or intentional

and/or negligent or maliciously carried out with reckless disregard for the rights and

legitimate interest of the Plaintiffs; and with reckless disregard to lily dmnages that

might result to the Plaintiffs.

COUNT ONE (Breach Of Contract)

42) The Plaintiffu reallege and incorporate by reference, Para!,rraphs 1-41 as


43) A binding contract or agreement existed between the Plaintiffs and

Avon, based both upon the written enrollment contract and the representations and

promises made by Avon mld its staff.

44) The Plaintiffs perfonned their obligation(s) under the agreement(s).

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Smfford &St afford Co LPA ATTORNEYS AT LAW

The Stafford Builuing 2105 Ontario Street

Clev~lalld, Ohi014115 116-241-1074 Telephon(' 216-241-4572 racbimile

45) A von breached its agreement with the Plaintiffs, without any legal

excuse or otherwise.

46) As a direct and proximate result of Avon's intentional, willful, reckless,

negligent and wanton actions, the Plaintiffs havc been damaged and are entitled to

recover damages from Avon in an amount in excess 0[$25,000.00, plus punitive

damages and interest, costs and attorney fees. The full extent of the Plaintiffs'

damages is still being determined as discovery is still ongoing and the conduct of

Avon is still being investigated.

COUNT TWO (Unjust Enrichment)

47) The Plaintiffs reallege and incorporate by reference, Paragraphs I -46 as


48) The Plaintiffs incurred and paid substantial expenses and funds to Avon

pursuant to the parties' agreement( s) and Avon's representations and promises made

to the Plaintiffs, including, but not limited to, tuition, fees and expenses.

49) The Plaintiffs have demanded payment, compensation andlor

reimbursement for the expenses and funds incurred and paid to Avon by the Plaintiffs.

50) Avon has rejected such demands for payment, compensation and/or

reimbursement made by the Plaintiffs; and has failed to pay the Plaintiffs, under

circumstances where it would be unjust for Avon to receive such a benefit without

compensating the Plaintiffs for the expenses and funds incurred and paid by the

Plaintiffs to Avon.


negligent and wanton actions, the PlaintifTs have been damaged and are entitled to 8

Smfford &St afford Co LPA ATTORNEYS AT LAW

The Stafford Builuing 2105 Ontario Street

Clev~lalld, Ohi014115 116-241-1074 Telephon(' 216-241-4572 racbimile

45) A von breached its agreement with the Plaintiffs, without any legal

excuse or otherwise.


negligent and wanton actions, the Plaintiffs havc been damaged and are entitled to

recover damages from Avon in an amount in excess 0[$25,000.00, plus punitive




COUNT TWO (Unjust Enrichment)

47) The Plaintiffs reallege and incorporate by reference, Paragraphs I -46 as


48) The Plaintiffs incurred and paid substantial expenses and funds to Avon

pursuant to the parties' agreement( s) and Avon's representations and promises made

to the Plaintiffs, including, but not limited to, tuition, fees and expenses.

49) The Plaintiffs have demanded payment, compensation andlor

reimbursement for the expenses and funds incurred and paid to Avon by the Plaintiffs.

50) Avon has rejected such demands for payment, compensation and/or

reimbursement made by the Plaintiffs; and has failed to pay the Plaintiffs, under

circumstances where it would be unjust for Avon to receive such a benefit without

compensating the Plaintiffs for the expenses and funds incurred and paid by the

Plaintiffs to Avon.


negligent and wanton actions, the PlaintifTs have been damaged and are entitled to 8


Smfford &Sr>lffonl Co LPA! ATroRNEYS AT LAW I

The Staffol;d l.Iuikling I 210S Ontario Scree!

Clevthmd, Ohin 441 I '5 216-241-1074 Tdt::!Jhone 216-Z·lJ-4572 foacsimik

recover damages from Avon in an am0l111t in excess of $25,000.00, plus punitive

damages and interest, costs and at10mey fees .. The full extent ofihe Plaintiffs'



COUNT THREE (Breach ofImplied Agreement)

52) The Plaintiffs reallege and incorporate by reference, Paragraphs I-51 as


53) As part of the agreement between the Plaintiffs and A von, and in

furtherance of the values of health and safety, Avon impliedly promised to care for

Charlie's physical and emotional health while he was in Avon's custody and control.

54) A von breached tlus agreement by failing to care for Charlie's physical

and emotional health while in Avon's custody and control.

55) As a result of Avon's breach of the agreement, the Plaintiffs have

suffered and will continue to suffer damages.

COUNT FOUR (Negligent Infliction of Emotional Distress)



57) By the conduct as alleged above, Avon engaged in actions, or failed to

act, and its conduct is unreasonable given that it involves unreasonable and

foreseeable risk of causing emotional distress to Charlie andlor the Plaintiffs.

58) Avon knew or should have know that the emotional distress caused as a

result of its actions andlor inactions andlor conduct, might result in illness, physical,

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Smfford &Sr>lffonl Co LPA! ATroRNEYS AT LAW I

The Staffol;d l.Iuikling I 210S Ontario Scree!

Clevthmd, Ohin 441 I '5 216-241-1074 Tdt::!Jhone 216-Z·lJ-4572 foacsimik

recover damages from Avon in an am0l111t in excess of $25,000.00, plus punitive

damages and interest, costs and at10mey fees .. The full extent ofihe Plaintiffs'



COUNT THREE (Breach ofImplied Agreement)



53) As part of the agreement between the Plaintiffs and A von, and in

furtherance of the values of health and safety, Avon impliedly promised to care for

Charlie's physical and emotional health while he was in Avon's custody and control.

54) A von breached tlus agreement by failing to care for Charlie's physical

and emotional health while in Avon's custody and control.

55) As a result of Avon's breach of the agreement, the Plaintiffs have

suffered and will continue to suffer damages.

COUNT FOUR (Negligent Infliction of Emotional Distress)



57) By the conduct as alleged above, Avon engaged in actions, or failed to

act, and its conduct is unreasonable given that it involves unreasonable and

foreseeable risk of causing emotional distress to Charlie andlor the Plaintiffs.

58) Avon knew or should have know that the emotional distress caused as a

result of its actions andlor inactions andlor conduct, might result in illness, physical,

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Case: 1:10-cv-01622-DAP Doc #: 1-1 Filed: 07/26/10 10 of 17. PageID #: 14II i.

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Stafford&SraJford CULPA'·I' ATTORNEYS ATLAW

The Stafford BuilJing 210S Ontario Street

Cleveland, Ohio 441 J 5 216-241-1074 Telephone 216-241-4572 Facsimile I

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mental or bodily harm.

59) Avon's conduct caused harm to Charlie.

60) The actions and behavior of Avon were negligent, which constituted

extreme and outrageous conduct, which a reasonable person would be unable to

accept

61) As a direct and proximate result of the action of Avon's negligence,

Charlie and/or the Plaintiffs have suffered severe emotional distress and serious

menta! anguish, which could continue into the future.

62) As a direct and proximate result of Avon's actions, the Plaintiffs have

been damaged and/or injured

COUNT FIVE (Intentional Infliction of Emotional Distress)

63) The Plaintiffs reallege and incorporate by reference, Paragraphs 1-62 as


64) A von either intended to cause emotional distress or lmew or should

have lmown that the actions taken by Avon or which it failed to take, and/or the

actions which it allowed to occur would result in serious emotional distress to Charlie

and/or the Plaintiffs.

65) Avon's conduct and/or failure to act and/or the actions which it allowed

to occur was so extreme and outrageous as to go beyond all possible bounds of

decency and was such that it can be considered as utterly intolerable in a civilized

community.


to ocem proximately caused injury to Charlie and/or the Plaintiffs. 10

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Stafford&SraJford CULPA'·I' ATTORNEYS ATLAW

The Stafford BuilJing 210S Ontario Street

Cleveland, Ohio 441 J 5 216-241-1074 Telephone 216-241-4572 Facsimile I

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mental or bodily harm.

59) Avon's conduct caused harm to Charlie.

60) The actions and behavior of Avon were negligent, which constituted

extreme and outrageous conduct, which a reasonable person would be unable to

accept

61) As a direct and proximate result of the action of Avon's negligence,

Charlie and/or the Plaintiffs have suffered severe emotional distress and serious

menta! anguish, which could continue into the future.


been damaged and/or injured

COUNT FIVE (Intentional Infliction of Emotional Distress)



64) A von either intended to cause emotional distress or lmew or should

have lmown that the actions taken by Avon or which it failed to take, and/or the

actions which it allowed to occur would result in serious emotional distress to Charlie



to occur was so extreme and outrageous as to go beyond all possible bounds of

decency and was such that it can be considered as utterly intolerable in a civilized

community.


to ocem proximately caused injury to Charlie and/or the Plaintiffs. 10


Stafford&Snifford Co LPA ATroRNEYS AT LAW

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The Stafford Buildmg 1,1

21 05 Ontario Street

Cleveland, Ohio 44115 I'I 216-241-1074 Telephone I 216.241·4572 F<lcoimilf;'

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67) The injury suffered by Charlie andlor the Plaintiffs is serious and of a

nature that no reasonable person could be expected to endure it.

68) By its conduct alleged above, Avon intended to inflict emotional

distress upon Charlie andlor the Plaintiffs, or knew or should have known that

emotional distress was a likely result of its conduct.

69) Avon's conduct as alleged above was extreme and outrageous.

70) Avon's conduct as alleged above caused emotional distress to Charlie


71) The emotional distress suffered by Charlie and/or the Plaintiffs was

severe.


been damaged.

COUNT SIX (F raudlFraudulent Misrepresentations)



74) Avon made certain representations to the Plaintiffs as alleged above,

including but not limited, to representations regarding its institution having and

practicing superior academic and social standards and practices, and that it would

protect, safeguard and ensure the health, safety and welfare of Charlie.

75) A von knowingly, intentionally or negligently concealed the true

condition of its educational institution and the atmosphere at Avon, in order to entice

the enrollment of Charlie.

76) Avon knew or should have known that the representations made by it

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Stafford&Snifford Co LPA ATroRNEYS AT LAW

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The Stafford Buildmg 1,1

21 05 Ontario Street

Cleveland, Ohio 44115 I'I 216-241-1074 Telephone I 216.241·4572 F<lcoimilf;'

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67) The injury suffered by Charlie andlor the Plaintiffs is serious and of a

nature that no reasonable person could be expected to endure it.

68) By its conduct alleged above, Avon intended to inflict emotional

distress upon Charlie andlor the Plaintiffs, or knew or should have known that

emotional distress was a likely result of its conduct.

69) Avon's conduct as alleged above was extreme and outrageous.

70) Avon's conduct as alleged above caused emotional distress to Charlie


71) The emotional distress suffered by Charlie and/or the Plaintiffs was

severe.


been damaged.

COUNT SIX (F raudlFraudulent Misrepresentations)



74) Avon made certain representations to the Plaintiffs as alleged above,

including but not limited, to representations regarding its institution having and

practicing superior academic and social standards and practices, and that it would

protect, safeguard and ensure the health, safety and welfare of Charlie.

75) A von knowingly, intentionally or negligently concealed the true

condition of its educational institution and the atmosphere at Avon, in order to entice

the enrollment of Charlie.

76) Avon knew or should have known that the representations made by it

11


Srafford&Stafford Co LPA i\rTORNEYS AT LAW

The Stafford BuilJinr: 2 J 05 Ontario Street

Cleveland, Ohio 14115 216-241-1074 T~l~phone 216-241-4572 ~alsillliJe

were inaccurate, misleading and/or false.

77) Avon made such inaccurate, misleading and/or false representations in

order to mislead the Plaintiffs into relying upon such representations.

78) The Plaintiffs justifiably relied upon the representations made by A von.


negligent and wanton actions, the Plaintiffs have been damaged and arc entitled to

recover damages from Avon in an amount in excess of$25,000.00, plus punitive




COUNT SEVEN (Punitive Damages)

80) The Plaintiffs reallege and incorporate by reference, Pa.ragraphs 1-79 as


81) A von exhibited malice and/or a conscious disregard for, and

indifference to, the legitimate rights and interests of the Plaintiffs.

82) The Plaintiffs are entitled to an award of punitive damages against

Avon.

WHEREFORE, the Plaintiffs, Charles Horton and Cathy 13. IIorton, demand

relief against the Defendants, The Avon Old Farms School, Inc., a.k.a. Avon Old

Farms School, and John Does / John Doe Corporations I-IV, jointly and severally, as

follows:

COUNT ONE: Damages in an amount in excess of $25,000.00 plus punitive damages, interest, costs and attorney fees.

12

Srafford&Stafford Co LPA i\rTORNEYS AT LAW

The Stafford BuilJinr: 2 J 05 Ontario Street

Cleveland, Ohio 14115 216-241-1074 T~l~phone 216-241-4572 ~alsillliJe

were inaccurate, misleading and/or false.

77) Avon made such inaccurate, misleading and/or false representations in

order to mislead the Plaintiffs into relying upon such representations.

78) The Plaintiffs justifiably relied upon the representations made by A von.


negligent and wanton actions, the Plaintiffs have been damaged and arc entitled to

recover damages from Avon in an amount in excess of$25,000.00, plus punitive




COUNT SEVEN (Punitive Damages)

80) The Plaintiffs reallege and incorporate by reference, Pa.ragraphs 1-79 as


81) A von exhibited malice and/or a conscious disregard for, and

indifference to, the legitimate rights and interests of the Plaintiffs.

82) The Plaintiffs are entitled to an award of punitive damages against

Avon.

WHEREFORE, the Plaintiffs, Charles Horton and Cathy 13. IIorton, demand

relief against the Defendants, The Avon Old Farms School, Inc., a.k.a. Avon Old

Farms School, and John Does / John Doe Corporations I-IV, jointly and severally, as

follows:

COUNT ONE: Damages in an amount in excess of $25,000.00 plus punitive damages, interest, costs and attorney fees.

12


SmJford&Stafford CoLPA ! ATTORNEYS AT LAW I

11le Stafford Building I'

2105 Ontario Street Cleveland, Ohi(J 44115 <

216·241·1074 Telephone 216-241-4572 Facsimile

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COUNT TWO:

COUNT THREE:

COUNT FOUR:

COUNT FIVE:

COUNT SIX:

COUNT SEVEN:

Damages in an amount in excess of $25,000.00, plus punitive dan1ages, interest, costs and attorney fees,

Damages in an amount in excess of $25,000.00, plus punitive damages, interest, costs and attorney fees.

Damages in an amount in excess of$25,OOO.00, plus punitive damages, interest, costs and attorney fees.



An award of punitive damages in an amount to be determined at the trial of this matter.

And such other and further relief as this Court deems just and equitable.

/

RespectfuWy subrrrltted, /:' (/;/1/ . / /

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JOSE~Ji'G. 'STAFFORD (0023863) /GREGORY J, MOORE (0076156)

) Stafford & Stafford Co., L.PA / The Stafford Building

13

2105 Ontario Street Cleveland, Ohio 44115 (216) 241-1074 (phone) (216) 241-4572 (facsimile) [email protected] [email protected] Attorneys for Plaintiffs, Charles Horton and Cathy B, Horton

SmJford&Stafford CoLPA ! ATTORNEYS AT LAW I

11le Stafford Building I'

2105 Ontario Street Cleveland, Ohi(J 44115 <

216·241·1074 Telephone 216-241-4572 Facsimile

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COUNT TWO:

COUNT THREE:

COUNT FOUR:

COUNT FIVE:

COUNT SIX:

COUNT SEVEN:

Damages in an amount in excess of $25,000.00, plus punitive dan1ages, interest, costs and attorney fees.


Damages in an amount in excess of$25,OOO.00, plus punitive damages, interest, costs and attorney fees.



An award of punitive damages in an amount to be determined at the trial of this matter.

And such other and further relief as this Court deems just and equitable.

/

RespectfuWy subrrrltted,

/:' (/;11/ . / /

. . j,1 /~~~-. / ~

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JOSE~Ji'G. 'STAFFORD (0023863) /GREGORY J. MOORE (0076156)

) Stafford & Stafford Co., L.PA / The Stafford Building

13

2105 Ontario Street Cleveland, Ohio 44115 (216) 241-!O7 4 (phone) (216) 241-4572 (facsimile) [email protected] [email protected] Attorneys for Plaintiffs, Charles Horton and Cathy B. Horton


St8fforJ &Stafford Co LPA ATTORNEYS AT LA\'(! I

The StafforJ Building 2105 Ontano Strer;:t

CleVf~lanJ, Ohio 44115 116-241-1074 Tderhone 216-241-4572 Fac~l!nile

JURY DEMAND

Pursuant to Civil Rule 38, the Plaintiffs, Charles Horton and Cathy B. Horton, I

hereby demand a trial by jury on all claims.

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1 ,/ /l "ll _~ I _ .,----'----JOSEPH tr. STAFFORD (0023863)

, GREGORY J. MOORE (0076156) ~/ Stafford & Stafford Co., L.PA

The Stafford Building 21 05 Ont~rio Street Cleveland, Ohio 44115 (216) 241-1074 (phone) (216) 241-4572 (facsimile) [email protected] [email protected] Attorneys for Plaintiffs, Charles Horton and Cathy B. Horton

St8fforJ &Stafford Co LPA ATTORNEYS AT LA\'(! I

The StafforJ Building 2105 Ontano Strer;:t

CleVf~lanJ, Ohio 44115 116-241-1074 Tderhone 216-241-4572 Fac~l!nile

JURY DEMAND

Pursuant to Civil Rule 38, the Plaintiffs, Charles Horton and Cathy B. Horton, I

hereby demand a trial by jury on all claims.

/

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[,l// ./l -=--'---~

JOSEPH tr. STAFFORD (0023863) . GREGORY J. MOORE (0076156)

~/ Stafford & Stafford Co., L.PA The Stafford Building 21 05 Ont~rio Street Cleveland, Ohio 44115 (216) 241-1074 (phone) (216) 241-4572 (facsimile) [email protected] [email protected] Attorneys for Plaintiffs, Charles Horton and Cathy B. Horton

Case: 1:10-cv-01622-DAP Doc #: 1-1 Filed: 07/26/10 15 of 17. PageID #: 19il Ii II

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:i Stafford &Srafford Co LPA I-I

ATIDRNEYS AT LA\'1' I

The Stafford Building 2105 Ontario Street

Cleveland. Ohio 44115 216-24l-1074 Tdepllone 216-241-4572 Facsimile

SERVICE

A copy of the foregoing is being served upon The Avon Old Farms School, Inc.,

a.k.a. Avon Old Fatms School, located at 500 Old Farms Road, Avon, Connecticut 06001,

by certified mail through the Clerk of Court's office on or about this 1(',· ,'i'r day of

June, 2010. / /Il

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JOSEP 0.$1 AFFORD (0023863) / ORE) RY J. MOORE (0076156)

/

. StatY rd & Stafford Co., L.P.A. The Stafford Building

/ 21 05 Ontari 0 Street Cleveland, Ohio 44115 (216) 241-1074 (phone) (216) 241-4572 (facsimile) [email protected] [email protected] Attorneys for Plaintiffs, Charles Horton and Cathy B. Horton

15

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:i Stafford &Srafford Co LPA I-I

ATIDRNEYS AT LA\'1' I

The Stafford Building 2105 Ontario Street

Cleveland. Ohio 44115 216-24l-1074 Tdepllone 216-241-4572 Facsimile

SERVICE

A copy of the foregoing is being served upon The Avon Old Farms School, Inc.,

a.k.a. Avon Old Fatms School, located at 500 Old Farms Road, Avon, Connecticut 06001,

by certified mail through the Clerk of Court's office on or about this ;' .'i'r 6' day of

June, 2010. / ,/I/l // / I j

! I I ,~ / / / ~" ,L.I _____ f-~/~-----=~--~-----

JOSEP / GRE) RY J. MOORE (0076156)

/

. StatJi rd & Stafford Co., L.P.A. The Stafford Building

/ 21 05 Ontari 0 Street Cleveland, Ohio 44115 (216) 241-1074 (phone) (216) 241-4572 (facsimile) [email protected] [email protected] Attorneys for Plaintiffs, Charles Horton and Cathy B. Horton

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Case: 1:10-cv-01622-DAP Doc #: 1-1 Filed: 07/26/10 16 of 17. PageID #: 20II

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, ii St,4ford&Smfiord Co LPA Ii

ATIORNEYS AT LAW i

The Stafford Building II" 2105 Ontario Street ,

C!evehmd,Ohio44115 216-241-1074 Telephone I

216-241-4572 Facsimile I

EXHIBIT "1"

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, ii St,4ford&Smfiord Co LPA Ii

ATIORNEYS AT LAW i

The Stafford Building II" 2105 Ontario Street ,

C!evehmd,Ohio44115 216-241-1074 Telephone I

216-241-4572 Facsimile I

EXHIBIT "1"


,/ ION OLD FARMS SCHOO! AVON, CONNECTICUT 06001

Enrollment ('untruel Seho!)l VCLu-lDlIIJ ::W;!O

For Chad!!:; And,<c\\ Iloriutl

Tuill~ln Oor,ion TUll;un nllhl;j~('

$4.::.vUfJ 51.5(/0

S41,';01'

r111.' (lbo\'..: nUlI1l!d !lWd<lOl Im~ been nccllJltt:d rot t,nf(lllmclll lit ,A, \ on Old C"t1mlli School ::15 :J ntnlh gfUd~, bourdlll!' Student for the 20(1)<:;(1 J n school W::JL Th(.' .-nrollrnt'lll comnlt!\, tiCCllrdingly h:J~ Iwcn r;ir,nL'd by the Dlrt.!ctor of :\dml~~loru, or. behalf ofTh.; Avon Old Farm. Schuol, !II~. This conuucl must 'he 1>11;ucJ b.' ull !Udl\'ltiUl.lls listed l1! the bottom of lilt COntr<lCI :lila muS1 be returned witll the rHln-ferUlublhle d('rlU_~lt It! ",'00 Old Fnrm" Schoo! in order 10 cOlls:itlJl{' the cnrnIJn1L"nt of l!W roludcm Jor Ow 5chool YCllt Tot school n~:;cr\"C!i tIll' right 10 withdruw its offer ar ndmissi(lJ] uud <'l.mtractuul uf,':"rltctncnl II" Ihc stnden! n:lmed oh(wl:' d~ll'h nul SUUSlu¢lorily comjll1:!e lhl.l current schoo! yCo)

Date

In eomHdcration f the enNIlmcnr Cif lhe tlbrwc llllJTlC ~tudem. lilt' IlIllh.lr:llgt1I:cJ t.l,urccs to puy !hl::$·ll AOfJ !'Jlli(ln lmd upplknhlt' ft:Gs. The tuition will be innuct'd uccord I!~ to th;:: following o.chl..'ciulc.

r;ir.~~ Tlil/inu l'n"mCll! Non-Rcftltlcinblc Deposit

51;,280 Of) OUt April I fl, 20(j(j

\\'lt11 RCium of Executtd Cllnlruct

Sf~cnnd Tuition PlI'l'tIIl'rlt

S 1 6,5()O.O(i Due July fJ!, :wOy

The fcc!; Will bc involccd upon tct:ejpt ofc~ccU!ed cnmruct (uppro:drnutcly $2.o(JUj. und olher minor fees as mCIJfred.

Third Tullio!! P%iYnll!n!

$16,560.00 Duc N~wcmbcr () 1,200')

I umle!lllulld Ihut my obh!:mitl!1 I" PHY tlw tuition utld fees for the jiI!1ncodetn!c yl!ur is uncondltionn! und thu! other thun PUtSUHnI [() n program rden~d to in Ihc pUfiI[lrnph imnwd!ale~y lolloWlIIg. flll pan ion of such Illltioll und fees so paid or oUtsl:Jllciinr, will ht rcTundcd or cunc-u!t:d mmvllhstnndins the subSC(lIJent Ilbsencc, wlthdruwnt or dlstnisr;nl i}om the Sohuol or liIl) Ilbovc stucit!nL J fUr/her understand Ilml the suuseqlletll ubstlnc!.:, withdrawnl or dismissal from the SdUHlI of the ubovc Sluciel"ll shall cuuse .any <lnd nil ofth" remaining htdtmcc of lhc J«ilion lmd fees 10 become mif'rll:diuldy due- Ilnd paytlble. I 0150 unUI.:fslund thnl nu ndjUlllnWI11 WIll be made III 1i1111tm ifthl! student (lhunncs stntus from bOllrding 10 day.

I undersumd that mlllcnd of urrullftmg for pUrl.lnL~ to obtnin tuition insumncc throunh u,priv:ale company, Avon Otd Fumls School n:quircs thm purents purticlpClte In U Mandulory TuitIon Rerund Plan us purt of1his con!ruct. The term!; of the, plan, i:noWllllS the A von Old Fum)s School Mandulory T"irion Refund Phm, nre tWI ftmh In Exhibit A uunched 10 this. enrollment COntruCI. }3y signing this conttact, J hereby nc:knowiccige Ibal I huvc reud. underMood. und ugreed to fhc Icnns of Exhilm A

!n the unton:unulc event of U forced school closmg, Ihe schopi may continue 10 operlltc on'u disum(lo.JenrninS basis for II period uo longer thall four we~k.'i. 111 tlic ",,,,cml thutthe school will m:erJ W rcmnm closed_beyond that time, the school may c'(lend Ihe schoo! yellr up 10 Imd including June 30th, The schoo! mU.r nbo schedule wCllkcnd claSSeS,

I ugrcc lind the nhovc nnmeJ student agrees to uccopt the rule: nnd rcgullHions UUOp1.etl b)' Avon Old Farms SC)lllOI. 1 :\tso agree lhlll the school mny suspend, c~rml or tcmplJfllrily deny privilegcs. gcncrully nVUllablc to lIny student Ifhls ncademic progn.'fl~ is dcmrmined to be unsullsflletory or be:liavior fuil!> 10 COliform to schonl rules. I also Understatld I mllsl prOVIde swdent,hcallh insuram:;e onvern[!c insurnoundcr a United SUltes-buscd heAlth plan thnt covers injuries und i11m::sF in oecQrclllnec with the !lunched Sludent Acoident und Sickness Plans form (Exhibit B). The sC!hoo! must hn\'c wrlltcn con6rmmioll of \.UH.idg~ b~f"'r.:. th.:: .t;tu.:lcnt 111,,:, hI; enrnllc.c!, I!~hibit !:L~u:;t be :;omplete-d, sis-ned nllci retumen with 1hi~ en''lln'~ ..

Furthl1r. J ugree dUll ill! other fecs and cltanrt:ls billed by thc school stmll be puid promptly liS il"!voicetl fLIId thnt II fmonce chur!cle or I 1/2 % pel munth Will be applied It'! Ull account over 30 doys pUSI due. 1 ulso ugrrw, in Ute event of non·payment.. to b.cn::spnnsfble for (hI.' School's eo~t or collectIOn. iocluding u n:ll/ionnblc nnon1t:y's fcc. 1 <lgrce rh:!\ in thc oven! ornon~pnYJ'l1ent, the ubove·numed sludent will not be pcmniUcd to Ulke semelller ex~minatjons, particIpate in commencemenl I.'),.t:!H:iscs, or receive n dIploma. TIn: sllld.mt ntnyalno nol be permitted to engage in extrl.lcumeulur uc-!lvilics und may not be perrni!tculo nttend culi'iscs. Grudt\5 llnd trllnseripts: wUJ be sent nnly when tin o.ttount hm; been Ilaid 1u full.

rhis AgrcJ::l1lcll! shull be conslH1ed in Il~eordnncc with mid p:o\'emcd by the Inws of'tltc SIOlc OfCOIU1CcH,,!J!. I bgrec Ihnt it is tht., express intention oflhe particllihal the laws of the SUite- of Conneclicut (but nol in; conflict of laws rUles) ilpply to My dispute Ihn! may I1T1Ge belween lhe punics, I hcreby irrevocubly submit III thejw'jQdictJon nrnny C>.mneetic-ut Stme or United Slntes Federal coun ;;jtting in tbe St:Hc of Cm1l1[lclieut, un:.! uny uppellll:e enurt iron1 lillY llieft!tl( in Imy uclinn llf proccc:ciin!1llril>ine om OJ or reJmins 1,\ the Arreem.m( ur ollierwiul; url~jl'lJ;; h"twc~n the pnnIO!!, or far fecoc,llitiun Or ",f\lbrct.:mcnl oruny jud5!m£!m, and r hereby Irre\,oeubly und um:ondillonully agree Ibm nil clnltns it! rcspeetlO such ucnon or prot::ccdin¢!" may be henrd nnd determined in such C'onncctiClll Suue or Federnl coun. 1 funiler ugtcc thoL Iho Secretary of the Stnlc oflhc Stnle of ConnecticUI Is my agent fur servlI,:e ofproeoss in uny such 1I1~lIon or proccedinll itl uccordancc with Connecticut Gener.tl SIOltules Section 52-59b 1 uyrt:c thut u i1nAI Jud.g:n1C'nt in nuy such neBon 01 proceeding t.'hull bc c(lnclusivc nnd mn)' be cllf(lrcl!J in otllcr Juristlictions hy !'>uil OJl the judglllem or in uny olher mnnner prnYided by low. 1 further ul,'!n~Cc Ibul all)' action or proc!:t:dmg lhul 1 bring agulnst the School shull bc brough1 only In Ii CormCCllctlt St:ne or Unilt:d 51U\1.:S F~dt'fI!J cOlin sJllins In the State of Connecticut.

I under.~!and lind UPfeC rti.i~ obllguted 10 puy the tuilion for Ih~' full ucudemlC year. ~Sce ExhibiJ A)

A"'p"d, ,~d, _ ( O:±hhj_._l:bck1:L_~=.34fn/.Q!L Sigmllure ofFinnnclnll;o,' RcsponsibJu.,l~ldi\'ld;luJ(S) Primed NUllll'(S) Dute • If Ihere i~ more than one financlully responsIble IndiVidual, both must sign.

-;;;ru;;;;-;;r]~N~/A - --Sisnulutc ofF cgtll GuurdHm

Slgnlllure of Mother or uu Guardian

.Gi:ww, lIorlm... ____ . Sigllttiurc of the Auovc Named SlUdcOl

Busincs.~ Office Cop}'

,/ ION OLD FARMS SCHOO! AVON, CONNECTICUT 06001

Enrollment ('untruel Seho!)l VCLu-lDlIIJ ::W;!O

For Chad!!:; And,<c\\ Iloriutl

Tuill~ln Oor,ion TUll;un nllhl;j~('

$4.::.vUfJ 51.5(/0

S41,';01'

r111.' (lbo\'..: nUlI1l!d !lWd<lOl Im~ been nccllJltt:d rot t,nf(lllmclll lit ,A, \ on Old C"t1mlli School ::15 :J Otnll"1 gfUd~, bourdlll!' Student for the 20(1)<:;(1 J n school W::JL Tll(; .-nrollrnt'lll comnlt!\, tiCCllrdingly h:J~ Iwcn r;ir,nL'd by the Dlrt.!ctor of :\dml~~loru, or. behalf ofTh.; Avon Old Farm. Schuol, !II~, This conuucl must 'he ;'(I;lH.:J b.' ull !Udl\'ltiUl.lls listed l1! the bottom of lilt COntr<lCI :lila muS1 be returned witll the rHln_ferUlublhle d('rlU_~lt It! ",'00 Old Fnrm" Schoo! in order 10 cOlls:itllH' the cnrnIJn1L"nt of l!W roludcm Jor Ow 5chool YCllt Tot school n~:;cr\"C!i Illl' right 10 withdruw its offer ar ndmissi(lJ] uud <'l.mtractuul uf,':"rltctncnl II" Ihc stnden! n:lmed oh(wl:' d~ll'h nul SUUSlu¢lorily comjll1:!e lhl.l current schoo! yCo)

Date

In eomHdcration f the enNIlmcnr Cif lhe tlbrwc llllJTlC ~tudem. lilt' 11Illh.lr:llgtll:cJ t.l,urccs to puy !hl::$.ll AOfJ !'Jlli(ln lmd upplknhlt' ft:Gs. The tuition will be innuccd uccord f!~ to the following o.chetlull!.

r;ir.~~ Tlil/iou l'n"mCll! Non-Rcftltlcinblc Deposit

51;,280 Of) OUt April I fl, 20(j(j

\\'lt11 RCium of Executtd Cllnlnu::t

Sf~cnnd Tuition PlI'l'tIIl'rlt

S 1 6,5()O.O(i Due July fJ!, :WOy

The fcc!; Will bc involccd upon tct:ejpt ofc~ccU!ed cnmruct (uppro:drnulcly $2.o(JUj. und olher minor fees as mCIJfred.

Third Tullio!! P%iYnll!n!

$16,560.00 Duc N~wcmbcr () 1,200')

I umle!Slul1d Ihut my obh!:mitl!1 I" PHY tlw tuition utld fees for the jiI!1ncodetn!c yl!ur is uncondltionn! und thu! other thun pUrSUHnI [() n program tden~d to in Ihc pUfiI[lrnph imnwd!ale~y lolloWlIIg. nil pan ion of such Illltioll und fees so paid or oUtsl:Jllciinr, will ht rcTundcd or cunc-u!t:d mmvllhstnndins the subSC(lIJent Ilbsencc, wlthdruwnt or dlstnisr;nl i}om the Sohuol or liIl) Ilbovc stucit!nL J fUr/her understand Ilml the suuseqlletll ubstlnc!.:, withdrawnl or dismissal from the SdUHlI of the ubovc Siudel"ll shall cuuse .any <lnd nil ofth" remaining htdtmcc of lhc J«ilion lmd fees 10 become mlnwdiuldy due- Ilnd paytlble. I 0150 unul.:fslund thai nu ndjUSlnWI11 WIll be made In 1i1111tm ifthl! student (lhunncs stntus from bOllrding 10 day.

I undersumd that mlllcnd of urrullftmg for pUrl.lnL~ to obtnin tuition insumncc throunh u,priv:alc company, Avon Otd Fumls School n:quircs thm purents purticlpClte In U Mandulory TuitIon Refund Plan us putt of1his con!ruct. The term!; of the, plan, i:nowlllls the A von Old Fum)s School Mandulory T"irion Refund Phm, nre tWI ftmh In Exhibit A uunched 10 this. enrollment COntruCI. }3y signing this conttact, J hereby nc:knowicdge Ibal I have reud. underMood. und ugreed to fhc Icnns of Exhilm A

!n the unton:unulc event of U forced school closmg, Ihe schopi may continue 10 operllte on'u disum(lo.JenrninS basis for II period uo longer thall four we~k.'i. 111 the ",,,,cml thutthe school will m:erJ W rCnlllrfl closed_beyond that time, the school may c'(lend Ihe schoo! yellr up 10 Imd including June 30th, The schoo! ma.r nbo schedule wCllkcnd claSSeS,

I ugrcc lind the nhovc nnmeJ student agrees to uccopt the rule: nnd rcgullHions UUOp1.etl b)' Avon Old Farms SC)lllOI. 1 :\tso agree lhlll the school mny suspend, c~rml or tcmplJfllrily deny privilegcs. gcncrully nVUllablc to lIny studcnt Ifhls ncademic progn.'fl~ is dcmrmined to be unsullsfllctory or be:liavior fuil!> 10 COliform to schonl rules. I also Understatld I mllsl prOVIde swdent,hcallh insuram:;e onvern[!c insurnoundcr a United SUltes-buscd heAlth plan thnt covers injuries und i11m::sF in oecQrclllnec with the !lunched Sludent Acoident und Sickness Plans form (Exhibit B). The sC!hoo! must hn\'c wrlltcn con6rmmioll of \.UH.idg~ b~f"'r.:. th.:: stu.:lcnt 111,,:, hI; enrnllc.c!, I!~hibit !:L~u:;t be :;omplete-d, sis-ned nllci retumen with 1hi~ en''lln'~ ..

Furthl1r. J ugree dUll ill! other fecs and cltanrt:ls billed by thc school stmll be puid promptly liS il"!voicetl fLIId thnt II fmonce chur!cle of I 1/2 % pel munth Will be applied It'! Ull account over 30 days pUSI due. 1 ulso Ilgrrw, in Ute event of non·payment.. to b.cn::spnnsfble for (hI.' School's eo~t or collectIOn. iocluding u n:ll/ionablc nnon1t:y's fcc. 1 <lgrce rh:!\ in thc oven! ofnon~pnYJ'l1ent, the ubove·numed sludent will not be pcmniUcd to Ulke semelller ex~minatjons, particIpate in commencemenl I.'),.t:!H:iscs, or teeeive n dIploma. TIn: sllld.mt ntnyalno nol be permitted to engage in exm.u:~umeulur uc-!lvilics und may not be perrni!tculo nttend culi'iscs. Grudt\5 llnd trllnseripts: wUJ be sent nnly when tin o.ttount hm; been Ilaid 1u full.

rhis AgrcJ::l1lcll! shull be conslH1ed in m:eordnncc with mid p:o\'emcd by the Inws of'tltc SIOlc OfCOIU1CcH,,!J!. I /Igrec Ihnt it is tht., express intention oflhe particllihal the laws of the SUite- of Connecticut (but nol in; conflict of laws rUles) ilpply to My dispute Ihn! may I1T1Ge belwecn lhe punics, I hcreby irrevocubly submit III thejw'jQdictJon nrnny C>.mneetic-ut Stme or United Slntes Federal coun !i;jtting in tbe St:Hc of Cm1l1[lclieut, un:.! uny uppellll:e enurt IrOnl lillY Iheft!tl( in Imy uclinn llf proccc:ciin!1llril>ine om OJ or reJmins 1,\ the Arreem.m( ur ollierwiul; url~jl'lJ;; h"twc~n the pnnIO!!, or far fecoc,llitiun Or ",f\lbrct.:mcnl or any jud5!m£!m, and r hereby Irre\'oeubly und um:ondillonully agree Ibm nil clnltns it! rcspectlO 5uch ucnon or prot::ccdin¢!" may be henrd and determined in such C'onncctiClll Suue or Federnl coun. 1 funiler ugtcc that Iho Secretary of the Stnlc oflhe Stnle or Connccticul Is my agent fur servlI,:e ofproeoss in uny such m~lIon or proccedinll itl uccordancc with Connccticut Gener.tl SIOltul\!S Section 52-59b layrt:c thut u i1nAI Jud.g:Jl1tmt in nuy such nCBon 01 proceeding t.'hull bc c(lnclusivc nnd mil)' be cllf(lrcl!J in otllcr Juristliction5 hy !'>uil 011 thc judglllem or in uny tllher manner prnYidcd by low. 1 further ul,'!n~Cc Ibul all)' action or proc!:t:dmg lhul 1 bring agulnst the School shull bc brough1 only In Ii CormCCllctlt St:ne or Unilt:d 51U\1.:S F~dt'fI!J cOlin sJllinS In the State of Connecticut.

I under.~!and lind UPfCC rti.i~ obllguted 10 puy the tuilion for Ih~' full ucudemlC year. ~Sce ExhibiJ A)

A"'p"d, ,~d' _ ( oAhkj ___ l:bck1:L_-=..:;.3",!n;._Q!L Signl.llure ofFinnnclnll;o,' RcsponsibJu.,l~ldi\'ld;luJ(S) Primed NUllll'(S) Dute • If Ihere i~ more than one financlully responsIble IndiVidual, both must sign.

-;;;;;:~~N!i:t:A _ __ Sisnulutc ofF cgtll Guardlun

Slgnlllure of Mother or uu Guardian

_GbadtP. lIodm... ____ _ Sigllttiurc of the Auo\l~ Named SlUdcOl

Busines.~ Office Cop}'

Documents

Horton v Avon Old Farms School