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Home My WebLink About97-00828 ~ " ~J~ ..\i . t .~ ~ I ~~1 ~d I ~ 1 ~ , ~ . ~ .0 ... "'- It .~ ~ " * { :3 " ..... ~ \1 ~ .... 3 ~ '" ~ ~ - . ~ .') .. ~ o.a , ~/ I \ \ \, "", '\ \ ) / ,/" / J '" c... j " P. \l '~ Jl ~ d ~ VI :r ;,- '" If r--t. ..... ~ 6= In l~ ,,~ C ~o .. ~'.1.. .~ ~ .t' ,;.-! If, :'"':; ,. "f U ,,- ., )>i: .I;:! 0' cr. llJ I ~. ~; [~t .., t:!J. no .;"-; ,'. j: L-.; )~ " l.i.. . " <.> .... ~5 a- U . U l: H j , M . . , 0 8 g , N I I ... H I QJ ~ 'M ..... ..... - I . 'M 8 ~ , Ecil~ .51 , 'M ~ ~ . ~ ~ U -0 ~ ~ . ... QJ,.... ~ "'QJ:>~ U hl .... l: - ~~~~ co ~ l: J 01 M ~ QJ .... co ~ ~ ~ tl! ~ < ~ . QJ - , QJ <: z.....o-i If) ..... , ltl~ ... QJ QJ :;:11 .., ~~~ '" ~ '" >' i .~ 'M' ~~.. ~ ... ul ~ ~ I o QJ~ ... ~ , ><">NU :E , , , . . WORLDWIDE TELECOMMUNICATIONS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-828 Civil Term v. MARTIN PETERSEN COMPANY, INC., Defendant WITHDRAWAL/ENTRY OF APPEARANCE Please withdraw the appearance of Jeffrey N. Yoffe, Esquire in the above captioned matter and enter the appearance of u.wrza.Jctr S. u.'I/eN Esquire. YOFFE & YOFFE, P,C. 203 THE LAW OFFICES OF By~T~ /...I\WRf:NCE C;. COV(;N, kSQUl,U 314 U.S, Highway 22 West suite E Greenbrook, New Jersey 08812 wor Idw1de\martnptr\ w1 thdrlW' i I L >- Ct) ,- (~ ..:l to' '. , .. . 1.: l!.l~) '" C.)'; : .._1. IJ.., U. ". (I', ,. /..., - C! uc' N . t 'llj r.:1 .. i:- ,.. ,- l..!~ c= ':'j U c' U WORLDWIDE TELECOMMUNICATIONS, INC.. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 97-828 Civil Term v. CIVIL ACTlON.LAW MARTIN PETERSEN COMPANY INC., JURY TRIAL DEMANDED Defendant. PLAINTIFF'S COMPLAINT FOR DAMAGES Comcs now thc Plaintiff herein. WORLDWIDE TELECOMMUNICATlONS.INC. (hereinafter rcferred to as "Plaintiff' or "Worldwidc"), by counsel and as its complaint against MARTIN PETERSEN COMPANY, INC., (hercinaftcr rcfcrrcd to as "Defcndant" or "Martin"). herein allcgcs that: COUNT I: BREACH OF CONTRACT JURISDICTION AND VENUE I. Worldwidc is a corporation organizcd under the laws of the State of Pennsylvania and has its principal place ofbusincss located in thc town of Enola, State of Pennsylvania. 2. Martin is a corporation which has its principal place of business located in the city of Kenosha, State of Wisconsin. 3. The parties hereto cntercd into a contract dated March 20, 1996 which recites that it was to be govcrned by thc laws of Pennsylvania. 4. Worldwide was to perfonn its obligations under thc contract within the State of Pennsylvania. 5. Paymcnt of the contract was to be made to Worldwide located in Cumberland -1- County, Pennsylvania. 6. Martin agreed to a Pennsylvania venue in the event either party needed to resort to a civil court for enforcement. THE PARTIES 7. Worldwide is an independent consultant who makes a business of analyzing a client's telecommunication expenses with a view towards finding neIV or similar telecommunication services from the same or another carrier at a 10IVer rate. 8. After a considerable investment of time and capital, Worldwide 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 March 20, 1996, Worldwide and Martin entered into a contract, a true copy of which is attached hereto as Exhibit "An and incorporated by reference. 11. Prior to March 20, 1996, Worldwide and Martin had been communicating with each other in reference to the services which IVere eventually provided pursuant to the contract. 12. Before the contract was signed, Martin 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. Martin 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, Martin would pay Worldwide fifty -2- percent (50%) of "ny rcduetion intclccommunie"tion cxpcnscs M"rtin rc"lizcd as a result of Worldwidc's work. 14. Worldwidc pcrfonned "s "grccd, providing M"rtin with infommtion on available telecommunication mlcs "nd rccommcnding " tclccommunic"tion progmmtlmt would save M"rtin "pproximately S22,500.00 IS. Martin has utilizcd Worldwide's recommcndations for its own benefit and implemented Worldwide's ideas without paying Worldwide any fcc, in violation ofthc "greement bctwccn Martin "nd Worldwidc. 16. Martin has damaged Worldwide to the extent ofSII,088.00 which docs not exceed the jurisdictional limit above which cases arc ineligible to be heard by a panel of arbitrators. 17. Worldwide has incurred and will incur Court costs and legal costs in the bringing orthis action and rcquests that the same be added to the amount being sued for. WHEREFORE, Worldwide prays tlmt: A. Judgment be entcred against Martin for SII,088.00 plus intercst, attorney's fees, costs of suit plus any additional amounts proven at trial. B. Plaintiff have such other, further and different relief as the law may allow and this Court deem just and proper. Dated: February 22, 1999 ~/Y7 /-f---7{2,. ~ j/I!V' ~~. COVEN (Attomey ID No, 63214 ) 314 U.S. Highway 22 West Suite E Grecn Brook, N.J. 08812 THE LAW OFFICES OF LAWRENCE S. COVEN ATTORNEYS FOR PLAINTIFF, WORLDWIDE TELECOMMUNICATIONS, INC. -3- WORLDWIDE TELECOMMUNICATIONS, INC., IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 97-828 Civil Term v. CIVIL ACTION.LA W MARTIN PETERSEN COMPANY INC., JURY TRIAL DEMANDED Defendant. VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Plaintiffs Complaint for Damages arc true to the best of my knowledge, infonnation and belief. I understand that false statements herein arc subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Dated: \ I \'1Il\,~ ~-!-sL~!\QQo' Robert Schaner, Presid'nt Worldwide TeleCommunications, Inc. -4- 02/12/199& 13:32 0000000000 WTC PAGE 05 Worldwide Telecommunlcatlona, Incorporated 12S Noeth Enol. Drive, Sulll 205 Eno.., PA 17021 Guaranteed 5.lvlnll~ - CDntlnaencv Only Con~ultlno Fee Aa....mant ONr Worldwide Telecommunications: We hereby appoint you to audit our local and long distance telecommunlcatlona vendor Involcealn order for you to maka colt IIVlnga recommendations to our llrm. Ills agreed you will analyze our expenses In their entirety and research In detail the Federal Communlcallons Commission locel and long dlslanoe cemar tariffs 0' our local phone company and the relevant long distance camelS. Ills agreed you will offer us a detailed proposal offering the broadest and most comprehensive range 0' telecommunIcations savings and rate recommend8110ns possible utilizing our choice 0' tariffs and camelS. It II understood and agreed that you will be working on a Ilt1ct no-fisk contingency fee ~al. and that your conlultlng fee will be one ha" of the 11,.. twelve month'. llvinga. After the first twelve month's, 1 DO% of the long term savings a/'8 ours to keep. Since savings a/'8 guaranteed by you to occur, If there are no livings I'IIllnd by ue, IIlelr Is Wl fee due to you. One-time re'unds of past tariff overbllllngs will be shared on a 50/50 basIs upon collection. Coat livings will be calculated aCCOrding to the following formul..: Can A.duetlon Savina. Fv.mDI~: .22 oente current coat IMr minute - .09 cents new coat per minute = .13 cents per minute groat lavlnga .13 oente IMr minute groll .avings x 8,000 mlnutea of calling 1st month = $1040 Ontofllonth IIvlnga S1040lC5Q0A.., S120 due month one. Refund Savinlla E.-mOle: S1500 refund check to you x .60 ., $750 savings/onetime fee. Ills lIllreed WI! will not utilize your recommendations or Implement your ideas without payment of your fee and notification to you. This non-clrcumvention provision Is integral to this agreement and shall be effective for a two year period after tha delivery 0' your findings. Lastly, " Is agreed and understood thet this contract Is governed by the laws 0' the Slate 0' Pennsylvania and any action commenclng hereunder shall be brought in the county 0' Cumberiand. Furthermore. we reprasent that the person signing Is authorized to engage your sarvices. We hereby acknOWledge receipt 0' a copy 0' this agreement, and If we breach this contrad, we will pay all reasonable court and legal costs you Incur due to such breech. WORlDWIDE TELECOMMUNICATIONS, INC ActiliWB;H ENOLA DRIVE SUITE 205 ENOLA, PA 17025 NIIM: slgned'~ Dlte 3./~ n! ql... ~~~~~d on behalf of Mlhtr/(, IY~l~11 to Contact Name: .fl/.A-Y/t. fV!qlll1- Title f},n,klk #0- 8Igna1ure: I/}IAA /. fKL.-.A4Ib- Address ~ ~ C': ~; " ., ....-: t~ UI~-~ I , ( 1",_ .-- c: ~, <I. '.1.' C',' ., ,n rO)l (',J 1.1 :1. _II' " U, \.r. i-.. 1".. IL C" , U ':j\ C) >- \0 ~ a; N j'~~ N '" UIC? Fl$ t'l-. ~C :)2; R:~' ~. a.. ,")..-.: 9;," ;~ .. r .=.31.. ,...Z U;I. ',::~ U!t. - ~!h ::J cr Ja., ,. -, .'': .'. '.J.. 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