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HomeMy WebLinkAbout97-00827 ~ o tl o I ~I lot 1 ~\ I '" )0 1 I ; I i . I " i 2 I 0 i . .. 1 +- C .CJ 1 I .. I ~ I , :J , , I t ! i E , , 8 i , i ~ i I ~ i ! '. ~ "'. '\\ " '.. ". 3 ~ f0- e ~ / " .-- ~ .. .:) ... ~ 'i Do ~/ ~, 6. Doctor agrccd to a Pennsylvania venue in the evcnt cithcr purty nccdcd to rcsort to a civil court for cnforcement. THE PARTIES 7. Worldwide is an independent consultunt who makcs u busincss of un Illy zing II client's telecommunicution expenses with u view towurds finding ncw or similur telecommunication services from the same or unother currier lit II lower ratc. 8. After a considerable investment of time and capital, Worldwidc has maintained computer programs. a tariff database. industry contacts and other facilities and assets to ensure that it can serve its clients with efficiency and thoroughness. 9. To recover these expenses, it claims a proprietary interest in these assets and in the data it provides its clients. STATEMENT OF THE CASE 10. On April 5, 1996, Worldwide and Doctor entered into a contract, a true copy of which is attached hereto as Exhibit "A" and incorporated by reference. II. Prior to April 5, 1996, Worldwide and Doctor had been communicating with each other in reference to the services which were eventually provided pursuant to the contract. 12. Before the contract was signed. Doctor had ample opportunity to request or negotiate changes in the contract; changes in the service Worldwide proposed; and changes in the fee Worldwide would expect under the contract. Doctor asked for no changes to the contract. 13. The contract between the parties required that for the first twelve (12) months after obtaining savings as a result ofWorldwide's work, Doctor would pay Worldwide fifty percent (50%) of any reduction in telecommunication expenses Doctor realized as a result of .2. "\ Worldwide TelecDmmunlcetlons, Incorporated 125 North Enola Drive, Suite 205 Enola, PA 170215 Gual'llnteed Sav/nos . Contlngencv Only Consultln", FilII Av_ment Dear Worldwide Telecommunications: We hereby appoint you to audit our local and long distance telecommunications vendor Invoices In order for you to make cost savings racommendatlons to our flnn. Ills agreed you will analyze our expenses In their enl/rety and research In detail the Federel CDmmunlcal/ons Commission local and long dlstanca carrier tariffs of our local phone company and the relevant long distanCe carriers. It Is agreed you will offer us a detailed proposal offering Ihe broadest and most comprehensive range of telecommunlcal/ons savings and rete recommendal/Dns possible ul/llzJng our choice of tariffs and carrjers. It Is understood and agreed that you will be working on a strict no-risk contingency fee basis and that your consulting fee will be one half of the first twelve month's savings. After the first twelve month's, 100% of the long tenn saVings are ours to keep. Slnca savings are guaranteed by you to occur, IftheRl are no lavlngs realized by us, their Is tiQ fee due to you. One-I/me rafunds of past tariff overbllllngs will be shared on a SO/50 basis upon collection. Cost saVings will be calculated aCCOrding to the following fonnulas: Cost Reduction Sav/nas ElCample: .22 cants current cost per minute - .09 cents new cost per minute = .13 cents per minute gross savIngs ,13 cents per minute gross saVings x 8,000 minutes of calling 1st month = $1040 one-month savings $1040x50% = $1520 due month one. . Refund Savlnas ElCample: $1500 rafund check to you x ,50 = $750 savIngs/one time fee, It Is agraed we will not Utilize your recommendal/Dns Dr Implement your ideas without payment of your fee and nol/fica1lon to you. This non-circumvention ProVision is Integral to this agreement and shall be effective for a two year period after the delivery of your findings. Lastly, it Is agreed and understood that this contract is gDvemed by the laws of the State of Pennsylvania and any adlon commencing hereunder shall be brought in the county of Cumberiand. FUrihennDfe, we raprasent that the person signing Is authorized to engage your services. We hereby acknowiedge racelpt Of a copy Of this agreement, and If we breach this contract, we will pay all reasonable court and legal costs you Incur due to such breach. WORLD't/ID:: TELECm.liMUN'C,~:rIO:-.lS, I~C. 125 NORTH ENOLA D::lIVE Accepted b~UITE 205 ~: ENOLA, PA 17025 For and on behalf of actor Name: ritle Arrntlnting Mgr. Contact Name: i\. SlgnatuRl: Address J ~ ~ s ~ '" \ . ::> ,.., ~ ;:,. --- ... .. g ~ ~ ~: -,.> ,.: ~9 H.:!,' C5"~ C,1", !:i t( C"'\ CZ" - l:-~ IJ \3 C'"J ~ (: ff! Ii ',!:) :: .:.r; ,'liJ .,.'.:..t. o' d C"J I.:.: ~ r--. Q'o . '" u 0 J c N .... I I QI . I ..., , l!! I ...... .. I Mal.. I .~ , I . .. ..., U '0 11] ~ . .. QJr-- ~ U .51 p.. QI :>.. ..... ....C ! , ..... ~ 'IX> ~ ~ " ~ 0 11]", ii I ><<p..~ - cl ~ 0' ~ . QJ .. I i~ ..... Z"'I"'"iLn ", '" ~ ~:;:1l;; i< u: .... a (J' ~ <i al:I:-. , ~ , " rn , ~~~ r~ , ~ ....' , QI .....' , :sl >1 OQl.. r- , , ....., >I""JN _ , "1 ~ Ul u, , Ul I , 'jj ~ I ~ I , ~ Cl , , , , :>- al ?: ('- .:.: , F: , UJ~ "- C). .., l'" -' a. l'..-. .. C;'( '~) 0 N llJ .~ ;'7!' " J l1-: . . ~.l ;.~ --, tL (:" :J () ~.' U Lawrence S. Coven, Esq. 314 U.S. Highway 22 West Suite E Green Brook, New Jersey 08812 (732) 424-1000 Allomey for the Plaintiff, Worldwide Telecommunications, Inc Allomey 10# 63387 WORLDWIDE TELECOMMUNICATIONS, INC" : IN THE COURT OF COMMON : PLEAS Plaintiff v, : CUMBERLAND COUNTY, : PENNSYLVANIA THE GLASS DOCTOR : NO. 97-827 Defendant WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Lawrence S. Coven, Esq. on behalf of Plaintiff, Worldwide Telecommunications, Ine.. in the above-captioned civil action. DATE: a/Blo( 7~ur~ Lawrence S. Coven, Esq. 314lJ.S. Highway 22 West Suite E Green Brook, New Jersey 08812 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearanee of Stephen Beaudoin, on behalf of Worldwide Telecommunications, Inc., in the above-captioned civil action. Date: ~181ol BY: ~u.yl ,"&u-u[1U,-Y/ STEP EN BEAUDOIN, ESQ. Allomey for the Plaintiff, Worldwide Telecommunications.lnc ORIGINAL OHlcn1vr ... UJ r-:.: i-; '" i...:: ~;:-: ('~ ) , , .. , , .. . ! .J - , .) :!) , : ; r , , "'j " "- ...... : .' ..' '. c) () THE LAW OFFICE OF JANET B. COVEN, P.c. Attorney ID II 63214 314 U.S. Highway 22 West Suite E Green Brook, N.J. 08812 (732) 424-1000 Attorneys for Plaintiff, WORLD WIDE TELECOMMUNICATIONS, INC. WORLDWIDE TELECOMMUNICATIONS, INC.. IN THE COUP.T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 97-827 Civil Term v. CIVIL ACTION-LAW ,JURY TRIAL DEMANDED THE GLASS DOCTOR. Defendant. WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Stephen Beaudoin. on behalf of Plaintiff. Worldwide Telecommunications, Inc" in the above.captioned civil action. DATE: JUNE 20, 2002 Respectfully submilled, ~. /udt?nJ "STEP -N BEAUDOIN. ESQ. REGER & RIZZO 1150 First Ave King of Prussia. P .A. 19406 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Janet B. Coven. on behalf of Worldwide Telecommunications. Inc., in the above.captioned civil action. DATE: JUNE 20. 2002 BY: ~~ ETB.COVEN,ESQ. Allorney for the Plaintiff, Worldwide Telecommunications. Inc. Stl,"~\Mls'.().-rlnlJlIhn{,limh'Clltnll\Wnkl.nWlor".1I UUClt..,\\.'uh<!rI...at &: [nil)' or ArrrarlllCc_pd , ,(I f; to:: " " , .; ,- , " .., '" - ,," " ..j .., -' , , () , c , i,j , , , C <',1 J <~) 0