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HomeMy WebLinkAbout96-02822 ~ ", e " ~ " c., ~ . .f' .. ~ ,., ~ , ' '" ~ , , , , ~ ... J' ..... cj ~ .,/ " ' "< ~ ~ , , " , , , , , , , 'I f, , ,,'I ( ~ "I " '" - " cJ ,f'j ,... 0- ... /...., . ~ . ~ " ~ ! d 1 ~ ~ c. . ~.", \1) 1 a ~ ...9 , :3 (4) ",C f .' IJ') ,... ~ l;J' - ~ IJ') ~ nI r, ::J " :;;,. r<1 (. :' ..", ~ ~ I.'" "JI '.j., :1 <I:. I' <:J ',' = z < ~ ~, r.IJ <5 < ti:i!:;~ ~ ~~~<.., ~ ~~tii~~ ~ ~o::cwt=:' o a\oQ.;:: - .- ~ cixww .( ;;l . .vjz ..Ir"Q.~-O .... ..Ix ~ ~ co: Q. r.IJ 0( _ u = - < r.IJ GLORIA WELSH, Plaintiff IN THE COURT OF COMMON PLgAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96- Q'R,:;l';) CIVIL TERM v. COLLEGIATE PUBLISHING AND RESEARCH HE~WORK, Defendant CIVIL ACTION COMPLAINT AND NOW, comes Plaintiff Gloria Welsh by the through her attorneys, Saidis, Guido, Shuff & Masland and files this Complaint and represents as follows: 1. Plaintiff, Gloria Welsh, is an adult individual residing at 548 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Collegiate Publishing and Research Network, is a corporation with its principal place of business at 1 College park, 8910 Purdue Road, Suite 220" Indianapolis, Indiana. 3. In 1992, Piaintiff attended a seminar in Harrisburg sponsored by the Defendant. 4. A representative of the company gave a presentation regarding a correspondence course operated by the Defendant. 5. At this presentation, the representative discussed the terms of enrolling in the Defendant's nursing correspondence SAlOIS, GUIDO, course. SHUFF & MASLAND 6 . 26 W, HI&h 5'1'<<' ClllillJe, FA The representative stated that if the program is discontinued, then participants receive a refund for the portion of the course that they did not complete. 7. Based on these representations, Plaintiff enrolled in the Defendant's nursing correspondence course. SAIDIS, GUIDO, SHUFF '" MASLAND 26 W, "ISh S.n:" CArli, I.. PA 8. On or about October 5, 1993, Plaintiff enrolled in the "study guide program" and signed an enrollment application, a copy of which is attached hereto as Exhibit "A" and incorporated by reference dS though fully set forth herein. 9. The total cost of the program was Three Thousand Eight Hundred Fifty and 00/100 ($3,850.00) Dollars. 10. In order to avoid the interest charges, Plaintiff paid the total cost of the program. 11. Initially, Plaintiff was sent the first study guide by Defendant. 12. The enrollment application states in pertinent part: Collegiate Publishing and Research Network, Inc. will furnish my study guides to me upon mv reauest, providing terms of this enrollment agreement are being met... (emphasis added) . 13. Plaintiff made no request to receive her additional study guides. 14. Subsequently, Defendant sent seven (7) text books and study guides to Plaintiff. 15. Plaintiff returned seven (7) s~udy guides sent to her. 16. Plaintiff retained the study guide for her next scheduled course. 17, Defendant received the returned study guides. lB. Subsequently, on November 7, 1995, Plaintiff wrote to Defendant and advised them that she had to discontinue her study. A copy of the written notification is attached hereto as Exhibit II liB". Ii 'I II II il II II 2 "1,'.1 , 19. Plaintiff requested Defendant to refund the Three Thousand Three Hundred and 00/100 ($3,300.00) Dollars pursuant to Defendant's refund policy. 20. Initially, a representative of the Defendant advised the Plaintiff that she would be receiving a refund of Three Thousand Three Hundred and 00/100 ($3,300.00) Dollars. 2l. Subsequently, Defendant's representatives advised the Plaintiff that they would not refund her the amount requested. 22. Defendant claims that its policy is to ship all books as soon as they are paid for. 23. This policy is contrary to the written contract. 24. The effect of this policy is to nullify any refund policy. 25. This poli.cy is designed and intended to prevent the need to ever pay any refund. 26. The inclusion of the refund language in the contract is designed to mislead people into believing that they will receive I a refund if they are unable to complete the program. II COUNT I II BREACH 0.. CONTRACT I I 27. Paragraph 1 through 26 are incorporated herein by SAlOIS, GUIDO, I reference as though fully set forth herein. SHUFF II< I MASLAND, 28. Plaintiff entered into an agreement with Defendant that 26 w, Hllh Slml ' C",IIII..PA required the Defendant to refund amounts paid in the event that Plaintiff provided written notice of cancellation of the program. 29. Plaintiff canceled the program. 3 VERIFICATION I verify that the statements made in this Complaint ere true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn DATED: falsification to the authorities. ~{1~:0'~l:fl\ $"//ftJ/9~, . SAlOIS, GUIDO, SHU''F II MASLAND 26 W, HI.h S""" Cull, I., PA WE ARE PUBLlSIIERS Collegi~te Publi5hinll & Re'e~r(h Nelwork, Inc, 15 nOl p~n of~ny college or un'ver"t)', I umJc",",ld ,h~t Collegl:lle Publlshlng & Re'L":Irch Ne,work, Inc, c~nnot give me crewLs or ~ degree, Collegl~ce Publishing & Re5C:2fch Network, Inc, specl~lIzC5 In development, rese:ucb ~d dlstrlbuUon of IxlOks Jnd 5ludy m~terl~1s which will help me prep:ue for sl~<l:udized end.of-course exams chat arc accepled for credit (when com, petency level 15 re:lched) by various .-olleges ~d universities, CUSTOMERACKNO~EDGMENT I acknowledge th:ltl am purcluslng the Gua=teed Study Unit Materi:&!s supplied by Collegiale Publi5hlng 5: Rese:uch Network, Inc, with the followlng unders=dlng: Sever:&! colleges ~dior universiUes offer ex. tension progr:ull5 which which lead 10 m Assod:lle or B~chelors dL'glCC In 1.lber:&! Aru, Business Science, etc, To be eligible (or a college degree, I must be enrolled In a collr~e mdior university md meet lIS re' qulrements for gr2duaUon, CreditS will be obtalned by pllSSlng stmdardized end.okourse exams, by prep:arlng for them with lndependent study, TRANSFER CREDITS I undcBtand th:lt e:lch college or unlveBlty has Its own uansfer-o(<redlt polley ~d that Collegiate Publlahlng 5: Research Network, Inc. ev:aluaUon o( tr.ms(er credit In unofficial. I agree to cooper-lie with Collegiate Publishing & Research Network, Inc, by provldlng whatever :wlslmce Is necessary to help them obt;aIn a copy of my previous college or university gr2des md transcript, GUARANTEE Collegiale Publishing & Rese~rch Network, Inc, guarantccs thaI In the event you fall to pass ~ ex:un :uter tWO (2) attempts, we will refund ~1I monies paid toward that p:lttlcuJ~r Study Guide, OTIIER FEES Collegiate Publishing & Research Nelwork, Inc, cannot be held responsible (or price: Incr=e:s by any university or college lncJudlng clinical fees and expenses, or ACT or CLE!' leSllng eX~l fees, STUDY PLAN 5: PROGRAM SCIlEDULE Collegiate Publi5hlng & Research Nelwork, Inc. wlll furnISh me with a complete Study Guide !'Jm which I agree to follow, Collegiate Publi5hlng & Research Nelwork, Inc. will (umLsh my Study Guides to me upon my request, pro. vlding the terms of this enrollment agreement arc being met. The staff at Collegia Ie Publishing Ls ~v~i1~ble during normal buslncss hours to :wlstltS clientS In pursuit of their program, Collegiate Publishing & Rese:uch Network, Inc, agrees to furnish me Wllh e:lch Study Guide, the ap- propriate textbook(s)or perlodlcal(s) md updates (If any) that ~pply to each Study Guide lhatl h~ve pur. chased as Indicated on the (ront of this enrollment agreemem. Collegiate !'ubli5hing & Rcs~rch NClwork, Ine. agree" to provide me with ~sstslance In obtalning standar, dlzed end.okourse exam schedules, information aboul the appropriate college or university, and clinical tesllng Information and schedules. REFUND POLICY Sh:Juld I decide [() discontinue my pro~r:lm, ColleRI:lle ('ubU,hing & Research Network, Inc. will only charge me for the Study Guides that I have recelvcd and the interest Jccrut'U [hr{Ju~h the date I Jis(on" tlnue the pro~r;1rn. N\)[!ce of Clnl'l:!!;llion must be in writill,!.t h) Collcgkltc Pllhllshin~ & Research Network, This enrollmcn~ ;lHrccment cont:li-f~~-~;iJ-t-t~c terms and <.<l;~~l(~;'(~;r~~ of my ai;~~r~;~';;~ with Collegiate :J Publishing & Research Network, Inc., :lnd no olher agreements, verbal or otherwise, h:lve been made by any pany to this enrollment agreement that arc not expressed herein. ~_. t ~ - ~ , ...,.. ~ -.I .... \J ..." ". \I' r:: .::r >- 0 - ~ " c" ~ ('- t - ~ fl .. ';? ,,- - ,). .... ~ ( . :.1: J.( ~ ~ j: . ,...; , .~:1 Q j , . "' " '.:1 C) ~ ~ L~ ,14; ~". (,', ','I;l.! 0- ~ 1; ~I.: :.1 10. ... b,.- e- ' ~ ~ ." .3 -:;) 0' Q Z < ~ ... ~r.Il to- <5!:j W....;.:J ~ ~~;:5: UtlJ !ii~" ~ 8~a~~ ~ ..oS:~;;:; <;:J.. Z ...I ,.. P. ~ ~ 0 "" ...Ix . ~ Clli p. r.Il < .. u Q .. < r.Il . LAWOmCBS SAlOIS, GUIDO, SHUrr II MASLAND 26 *, nlun $1 RI!ET CARLlSLI!. PIlNNA, 17013 ' PHONE (717) 243-6222 .....-- '''---. .~ ___ t .....ult 1" I'leit.n;--.'----- Plaintiff V. IN THE COURT OF COMMON Pt.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-2822 CIVIL TERM COLLEGIATE Pt18LISHINI: AND RESEARCH NETWORK, Defendant CIVIL ACTION ACCE'T~_~_9.f.,~ERVrCI I accept eervh'., 1)1 I hn Complaint on behalf of Collegiate Publilhing and Resellr -II Nf!t.wnrk and certify that,J am lIuthorized .---' to do 80. I f~rthel vice,-.(;s May 22, 1996. 1/</1/ Dated: ~..' / ...~... SEP-05-'l996 15'47 910% P.02 . r:.: .,:l' ~: Lr: , lJJr t~ 'J.... " <'.2" ..- .'~ )f [,. ' OFt..? ~: " ~.: ) ~8 C;, "11 , ., ,,!;. ..: ~ I, i Li . e . :l':;J . . I '" '. ll~_ I.' OJ") :i I' '-I I;J) ..J ",' , , .,..' ... ~ ....... ..... ....