HomeMy WebLinkAbout96-05840
099999-OOCnO/9clobcr 23 0 1996/MCD/PARl51867
6. The Defendent. Devid F. Swiderski, began his employment with the Company on September
19, 1996, and was released from employment on October 16, 1996.
7. During his employ tho Defondent indicated to another employee in the office that he was
working with other long distance carriers who provide similar services. The Defendent further indicated
thet he intended to ruin tho Compeny by dlssominatlng tho confidential client list to other communications
competitors.
8. On numerous occasions. agents from other communications competitors contacted the
Company and requested to speak with the Defendant.
9. A portion of the Defendant's "follow'up" duties with the Company was to contact clients
whose contract was within one (1) month of expiration. The Company directed the Defendant to simply
inform these clients that if they do not indicate that they wish to cancel the contract by the time of the
contract's expiration, the contract will automatically renew for one full year term. The Defendant
contacted clients and directed these clients to contact M.S.T. Frontier end indicate that they desire to,
upon expiration, contract on a month,to-month basis, leaving these clients exposed to competition.
10. On one occasion. a client of the Company was contacted by other communication service
carriers, one carrier who knew the exact date on which the Company's contract expired.
11. The Defendant indicated to employees of the Company that he was In possession of the
customer list and was using it to tip other long distance carriers, in exchange for a commission, as to
which clients were currently using the Company's services and which clients' contracts were due to
expire.
12. A copy of the Defendant's Employment Agreement is attached herato.
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M C A. WARNER
10/18/1996 09,02
71 77303730
~IST /FRONTIER
PAGE E12
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Seple:/IILcl 18,1996
Mf D~lIid F. Swiderski
252 W c're"wood Drive /iA.7
(amp Hill, fA 1701\
Dell David
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We art writin8 thi!llellcr 10 confirm the term. and conditions of youJ employment with
Micre> Security Technologies, Inc., dba MST Convnunications (Ihe ~tompany")o effeclh'c
ftS t1f Septcmber 19. J 996, . J
I. ~QI! The Company 8grees 10 employ you. and you a ee 10 be employell
by Ihe Company. ,,~ a Ce>mmunications Specialist, reporting 10 Larry,A. Samples. Durin~
)'our employmenl wilh the Company, you shall dellole your full bUliness time, allenlion
and energy 10 the business of the ComplUlY. I
2 ComocnuliO.n: Your compensation from the Company is j buc salary.
commi~siol1"nd business expense reimbursement. Earned commissiJr:s are in accordAnce
wilh Ihe cOl1uniuion srructure and lerms a!lached hereto " Schedul~ A. and is COl1sidrrt'1I
IS pan ..I' IhlS Idter of understanding.
The allachc.d commission schcdule is based on sales. A "sale' for the pU'l'll~C LIt'
Ihis atlreemcnt occurs and elves right to your commission when an order is accepled.
confirmcd and proccssed by Fronlier Communication Serviccso Inc. I
You will btl enlitled 10 a salary of$ISUU p\:1' l\Iunth llmla bjincss ellpcn~e
reimbursement of up 10 $200 per monlh, payable in semi-monthly in,lallmcnls.
~ ~nefits nnd Vacation' lhe Company will provide a henll~insurance plan on 1\
bftsis ul 7W. COlllpany fuuded IUId 2S% elllpluyee contributiun Y u arc c:liJriblc fnr Ihi~
I'lan on the first of the: monlh following 90 days ufemploymem Yo will b<ll'nlillcd lu
IIDcPlie>n ilnd holidays in .ecord.nec wilh Ihc allpched Schedule 1\ j
4 ImnJ' In line with lito Company policy, you will be CllpC led 10 reach lloal~o III
demun~trale professionalism and to ael wilh Inlcgrlty at all limes In Ishort. good busillllSS
elhics mllol bc m"inlaincd The Compllny will closely me>nire>r YOllr p'rogre~s 11 is
nprculy undcnlood thai the Company rcIC"'cs its rillhtlo lennina~e your cmplo~menl
immedlatclv at any lime tor non pertonnance. I
~ Confldenllallnformalion: An Employee Agrcemcnl fle8.r~in8 Competilille
^clivities Contrary To Thc Interest Of Micro Security Technologicsr Inc Is III ached liS
Schedule B and is considered IS part oflhis Ieller of understanding ,
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EXHIBIT
"A"
10/18/1995 09:02
7177383738
NST IFROtH IER
PAGE 85
Schedule B
EMPLOYEE AGREEMENT REGARDING COMPE'i'frtVE A 'fI\OHIES
CONTRARY TO THE INTEREST 01' MICRO SECURITY TE ,RNOLOGIES.
~C .
As an employee of Micro Security Technologies. Inc. ("Company"), II mayor wil\l1\:I;OOlc
informed as to the procedural and teelulical needs of the Company. p~oblemso
devElopments. projecls and other aaivitin. Therefore. I agree to the following,
1. I agree Ihal during l\1e course of my employment by the Company I have or may have
acceSS 10 Confidenliallnfonnation relating to Ihe busineas of lhe coJpany and ",hich Is
nol generally known, whethcr or nC't the underlying detalllll'Clln Ihe bublic domain
Confidentiallnfonnation can im:lude, bul notlimiled 10, Information felaling 10 lhe
Company h:chnological developmmb, "know.how", softwarc, data, u'tom~r
information, and information obtained by the Company froOl others IUch Ihe ("omp!'ny
Heals U cllnfldential
1 will nol make any unaulhorized ule or disclosure during or subse uent to my
employmenl wilh the Company of the Confidential Informalion. I a '"'Ice 10 deliver to Ihe
Company promptly upon request and on the date of lermination of"1Y employment all
documents, copies thereof and other malerial in my possession or w~ieh IhereoUler come
inlo my poncssion, pertaining to the busincss onhe Company, inclu~in8 bul notlimi\cll
to Conlidentiallnformalion I
2 I np.rllp. while employed by the Complny I will 1'01 enler Ihe ernp,Jy of. renll"l SCI "ices
10 nor ftet for. either directly or indirectly, any person or entity in eompelition ....ith Ihe
products or services oflhe Company. DurinB lhe course of my emPIJymcnl with Ihe
Company and for a period of one year Iheluner,l will nOl, direelly r Indirectly, ur 111:11'
othen 10, (i) lolicit lhe trade ur IIl1trunagll ufany ofthe eUAtomerl 0 the Comp~y. L'r Iii)
solicit for employment any other employees ofthe Compll'lY to Icav . their CmplO)1nCnl
with the C:ompl/lY in order to accept employment of Gny kind with .~y other person. tirm.
partner,hip. corporation or other entity,
3 I recoQlIlu and agree lhat breach of thi, Aircemcnt may give riu to Irreparlble inlu",
10 Ihe Compl/lY, ....hieh may not b, adequately eompenslled by dam ca, 'l'herefore. ill
slIch in".nce, the Company Ihall be entilled during my employmenl d lherc:llf\er, in
addition to ils olher remedies allaw. to a lelllpOrary or permanenl i 'unction reslrainin~
loCo directly or Indirectly, from further violation of the provisions of his Agreement and
particularlv from disclosing or using. alone or with others. Confiden iallnfonnllion of lilt'
Complny J
4. This Allfeemenl may not be terminated or modified wilhoUI the ,pren wnllen consent
cran aulhcriud officer of.he Company, I
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099999-00010/0,lobcr 23. 1996/MCD/PARIS7869
MICRO SECURITY TECHNOLOGIES, INC.,
doing business as M.S.T. FRONTIER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
. _ (I. ..,.-
DOCKET NO. cf'c. - '> ,\ '/0 '-14 1.0.-_
CIVIL ACTION. EQUITY
DAVID F. SWIDERSKI,
Defendant
COMPLAINT
1. Plaintiff, Micro Security Technologies, Inc.. d.h.a. M.S.T. Front, is a corporation organized
and axisting under tha laws of tha Commonwealth of Pennsylvania, with a principal place of business
located et 2016 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. The Plaintiff, Micro
Security Technologies, Inc., is a branchisa of M.S.T. Frontier.
2. Defendant, David F. Swiderski, is an individual and citizen of the Commonwealth of
Pennsylvania, with an address et 252 West Crestwood Drive, No. A-7, Camp Hill, Cumberland County,
Pennsylvania, 17011.
3. The Plaintiff is in the business of selling communication servicas to corporate and individual
customers throughout South Central Pennsylvania.
4. On Saptember 20, 1996, Defendant entered into an Employment Agreement with the
Plaintiff whereby Defendant agreed to be employed as a "Communications Specialist". The Defendant's
duties were to include contacting previously contracted customers for a variety of reasons. A copy of
the Defendant's Employment Agreement is attached hereto and incorporated herein as Exhibit" A".
5. During and following his employ, the Defendant disseminated confidential customer
information as defined in the Employment Agreement to persons and/or entities directly in competition
with services of Plaintiff. These actions are in direct violation of the Defendant's Employment Agreement
and more specifically the covenant not to compete. Subsequently, the Defendant was released from
Plaintiff's employ. Defendant continues to disseminate this confidential information.
099999-00<Y.!O/OClober 23. 1996//.1 CD/P AR"7869
6. The Defendant has contacted previously contracted customers and indicated that upon the
expiration of their contract with Plaintiff, to modify the existing service contract from a one (1) year in
duration to a month.to,month basis. The Defendant then notified other persons and/or entities in
competition with Plaintiff who then contacted Plaintiff's existing customers.
7. The Defendant indicated to another employee of the Plaintiff that he was In possession of
the customer list defined as confidential information under the Employment Agreement. He further
indicated that he was using this customer list to directly damage Plaintiff's business by disseminating this
information to competitors.
8. Defendant knowingly and without Plaintiff's consent has retained records, data and
materials which are essential to Plaintiff's business operations.
9. Plaintiff has made demands upon Defendant for return of the aforesaid materials, data and
records, al"'d Defendant has refused to do so.
10. Defendant has knowingly and without justification retained an undetermined number of
Plaintiff's customer/client lists and has refused to return them.
11. Upon information and belief, Defendant has sold or given away an undetermined number
of these client names and intends to sell or give away more of them, thereby causing Plaintiff immediate,
continuing end irreparable harm.
12. The Plaintiff has spent a considerable amount of time establishing e customer list and
dissemination of this information to competitors could cause Plaintiff immediate. continuing and irreparable
harm. As a direct and proximate result of DefendAnts as aforesaid. Plaintiff is in immediate danger of
suffering irreparable harm. which harm is likely to continue and not adequately he remedied at law.
WHEREFORE, Plaintiff prays that an injunction issue. preliminarily until final hearing and
permanently thereafter. ordering the following relief:
10/18/199& 09:02
71 77303730
~IST IFRONT IER
PAGE 02
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S~pl~",bcl 18, 1996
Mr D~"id F. Swidmki
252 W C:r~II""ood Drive UA-7
Camp Hill, PA 1701 I
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We arc wriling thi!llellcr 10 con/1nnlhe terml and conditions of )'ouJ ~mploymenl with
MicrCl Security Technologies, Inc., dba MST CommuniCalions (Ih~ ~Company")o effecli,'c
AS ofSeplember 19, 1996, J
I. ~Q1l The Company agrees to employ YOUo and you a ee 10 be emplo~;el1
by Ihe Company. R~ B CClmmunications Speciali.t, reporting 10 Larry,A Samples. tJurinp.
)'our employmenl with the Company, you ahall devote your full bUllr\eu time, silent ion
and energy 10 the business ofthe CompilllY. I
2 Comoel!lJ!ion; YOW' compensation from Ihe ('ompany ia J bue salary.
conunission Rnd business expense reimbursement. Earned commissiJ;s are in accordnncc
wilh Ihe c:onLnuuion structure and terms an ached hereto 113 Schedul~ A, and is considl'rt'LI
as pan ..t' ,hIS Idler of understanding.
D~ar David
Th~ altached commission IIChedule is based on sales. A "sale' for lhe purpu~c l't'
Ihis Bl\reement occurs and gives right 10 your commission when an o~der Is acc~pledo
confirmcd and process~d by Frontier Communication Services, Inc. I
You .,.,ill bllllnlilled lu a wary ufSl3UU pCI' l\IoJllh ./Illa bJncss el\pcn~e
rcimbur~emenl of up 10 $200 p~r monlh, payable in semi-monlhly i~lallments.
3 fu:nellts nnd Vacation' The Company will provide II henlt! insurance plan on R
uasis ul 7Wo ClllIIPIUlY fUJldcd and 2S% ClllplUYCll cOJllrilllltion Y u are r.li,!libl~ Inr thi~
plan on the fir,t of the rnonlh rollowing 90 days ofemploymenl Yo will b<! entitled III
vacBtiCln and hQlidays in .ccordanc~ with Ihe allllched Schedule A I
<I llrtnJ: In line with the Company policy. you will be ellPJted to reach ~oQls, 10
demun~lrate proressionaliam and to aCI with Integrity at all times In Ishort, good businllss
elhics milO' be m~intaillcd. The Comp~ny will closely mCllliror YOllr prQgress 11 is
e>tpressly underslood Ihal the Company reserves its ri(thtto termina~e your employment
inuncdlatety at any time lor non pertonnance. I
!> Confidential Information: An Employee Agreement Regar~ing Competitive
^cti"ities Contrary To The Inlerest or Micro S~eurity Teohnologicsr Inc. Is allftch~d I\S
Schedllle B and is considered as part oflhis leller of understanding. ,
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EXHIBIT
"A"
10/18/1996 09:02
7177363730
~IST IFRONTIER
PAGE 65
Schedule B
EMPLOYEE A.GREEMENT REGARDING COMP!:l'frIVE /l. 'fI\'l'l'ltS
CONTR/l.RV TO THE INTEREST OF MICRO SECURITY TE ,HNOLOGIES,
INC. I
As an ('mployee of Micro StCUrilY Technologies. Ine, ("Company"), Ii mlY or will b~~On1C
infol111ed as to the procedural and tecluueal needs of the CompAnY. p~oblems,
devElopments, projects and other aaivities, Therefore, 1 agree to the followlnll'
,
I, 1 alllee Ihat during the course of my employment by the Company I have or may hove
acceSS 10 CClnlidentiallnfonnation relating to the businell of the coJpany and whieh is
not generally known, whether or notthc underlying lIetall, 11'0 In the bublic domain
Conlidcntillllnformation can Includc, but notlimitcd to, Infol111atlon felating 10 the
Company technological developments, "know-how", software, dlta, fuslomr.r
imonnatlon, and infonnation obtained by the Company fronl olhers "thich the ('ompany
treats a~ cunfldential. d
1 will not make any unaulhorized u.e or disclosure during or subse uent to my
employment with the Company ofthe ConfidenliallnfOl111ation 1 a...L~e to deliver 10 the
Complny promptly upon request and on the date of termination oflT\Y employment all
documcnts. copln thereof and olher material in my posseuion or w~~ch thereal\er COlne
inlo my possession, pertaining to the business oflhe COl1lplll1Y, inclufins but nollirni\ell
10 Conlidentiallnt'ormation I
2 I ARrsr. while employed by the Company I will not enter the emPIJ of. rCflllet :!C1"jccs
10 nol' act for, either directly or indirectly, any person or entity in cOrPpelition v,ilh the
products or serviccs ofthc Company. Ouringthe course or my emPljyment with lhe
Company and for a pcriod orone year thcleancr,l will not, directly r Indirectly, ur hdl'
others 10. (i) Bolicitthe Irlllle ur \latrunalle ohny ofthe CU5tomers 0 the CDmplVl)', L'r (ii)
solidI for employment any olher employees ofthe Complll1Y to lea\l , their cmplo),nCllI
with the Company in order to accept employment of Ilny kind with I~y other person. tirm.
partnership, corporation or other entity.
3 I recognize and avec thaI bre.ach Df lhis Agreement may si"e rile 10 irreparable ifljur\I
10 the CompAnY. ",hich may not be adequately compensBled by dllm es, Therefore. ill
such ;n,lanceo Ihe Company shall be entitled during my employment d thercllf\ero ill
IIl1l1iliolllo its other remedies at law, to a temporary or pcnnlncnl i 'unction reslraining
me. directly or indirectly, from further violation of the provisions of his Agreement anll
particularl" ITom disclosing or using, atone or wilh otheuo Confiden iallnfonn1lioll or ,h~
Company 1
4. This AlU'cement may not be tenninaled or modified without the press wrillen consenl
ofan IlIlhorized officer oflhe Company, I