HomeMy WebLinkAbout97-06545
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WORLDWIDE
TELECOMMUNICATIONS. INC.,
Plainuff
IN TilE COURT Of COMMON PLEAS Of'
CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO. " ./- I,. ""'I",'C!...-J -r_~
CIVIL ACTION' LAW
STANDARD TEXTILE COMPANY,
Defendant
JURY TRIAL DEMANDED
PRAECIPE fOR WRIT OF SUMMONS
To: The Prothonotary of Cumberland County:
Please issue a Writ of Summons aqainst Standard Textile Company
which has an address of 1 Knollcrest Drive, Cincinnati. Ohio 45222. The
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address of Worldwide Telecommunications. Inc. is 212 West Dauphin Street,
Enola, PA 17025-2209,
.
YOfFE , YOFFE, P.C.
BY~~
~EF RE ,YOFFE, ESQUIRE
v Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill. PA 17011
(717) 975.1838
AttOrney 10 No. 52933
vorldwld\ltdt..t\wrlt
WORLDWIDE
TELECOMMUNICATIONS, INC..
Plaintiff,
IN TilE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
v.
NO. 97-6545 Civil Term
STANDARD TEXTILE COMPANY,
CIVIL ACTION-LAW
Defendant.
JURY TRIAL DEMANDED
.YO
PLAINTIFF'S COMPLAINT FOR DAMAGES
Comes now the Plaintiff herein, WORLDWIDf. TELECOMMUi~ICATlONS,INC.
,
(hereinafter referred to as "Plaintiff' or "Worldwide"), by counsel and as its complaint against
STANDARD TEXTILE COMPANY (hereinafter referred to as "Defendant" or "Standard"),
herein alleges that:
COUNT I: BREACH OF CONTRACT
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JURISDICTION AND VENUE
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I. Worldwide is a corporation organized under the laws of the State of
Pennsylvania and has its principal place of business located in the town of Enola, State of
Pennsylvania.
2. Standard is a corporation which has its principal place of business located in the
city ofCincinnali, State of Ohio.
3. The parties herelo entered into a contract on or around July,l997 which recites
that it was to be governed by the laws of Pennsylvania.
4. Worldwide was to perform its obligations under the contract within the State of
Pennsylvania.
5. Payment of the concract was to be made to Worldwide located in Cumberland
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County, Pcnnsy1vania.
6, Standard agreed to a Pennsylvania venue in thc 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
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client's telecommunication expenses wilh a view towards finding new or similar
telecommunication services from the samc or anothcr carrier at a lower ratc.
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8, After a considerable investment of time and capital, Worldwide has maintained
computer programs, a tariff database, industry contacls 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,
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STATEMENT OF THE CASE
10. On or around July, 1997, Worldwide and Standard entered into a contract,a true
copy of which is attached hereto as Exhibit "An and incorporated by reference.
11. Prior to July, 1997, Worldwide and Slandard had been communicating with each
other in reference to the services which wcre cventually provided pursuanl to the conlract.
12, Before it signed, Standard had ample opportunity to rcquest or
negotiate changes in the contract; changes in the service Worldwide proposed; and changes in the
fee Worldwide would expect under the contract. Standard asked for no changes to the contract.
13. The contract between Ihe parties rcquired that for the first twelve (12) months
after obtaining savings as a result of World wi dc's work, Standard would pay Worldwide fifty
percent (50%) of any reduction in lelecommunication expenses Standard realized as a result of
-2-
Worldwide's work.
14. Worldwide performed as agreed, providing Standard with infonnalion on
available telecommunication rates and recommending a telecommunication program Ihat would
save Standard at least $317,892,00
15. Standard has utilized Worldwide's recommendations for its own benefit and
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implemented Worldwide's ideas wilhoul paying Worldwide any fee, in violation of the
agreement between Standard and Worldwide,
16.
Slandard has damaged Worldwide to the extent of$158,946.00 which exceeds the
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jurisdictional limit above which cases are ineligible to be heard by a panel of arbitrators.
17. Worldwide has incurred and will incur Court costs and legal costs in the bringing
of this action and requests that the same be addcd to the amount being sued for.
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WIIEREFORE, Worldwide prays that:
A. Judgment be entered against Slandard for $158,946.00 plus interest, attorney's
fees, cosls of suil plus any additional amounts proven at trial.
B. Plaintiff have such olher, further and different reliefas the law may allow and this
Court deem just and proper,
~:!B~
(Attorney ID No. 63214)
314 U.S, Highway 22 West
Suite E
Green Brook, N.J. 08812
THE LAW OFFICES OF LAWRENCE S. COVEN
ATIORNEYS FOR PLAINTIFF,
WORLDWIDE TELECOMMUNICATIONS, INC.
Dated: February :U, 1999
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WORLDWIDE
TELECOMMUNICATIONS, INC.,
IN TilE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff.
NO. 97-6545 Civil Term
v,
CIVIL ACTION-LAW
STANDARD TEXTILE COMPANY,
.
JURY TRIAL DEMANDED
,Y.
Defendant.
. i
VERIFICATION
I hereby state that I am an adult individual who IS authorized to make this verification and
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that the facls set forth in the foregoing Plaintiffs Complaint for Damages are true to the best of
my knowledge, information and belier. I understand that false statements be rein are subject to
the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities.
Dated:
~~O~ ~~
Robert Schaner, PreJident
Worldwide TeleCommunications, Inc.
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WORLDWIDE
TELECOMMUNICATIONS, INC"
IN TilE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
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Plaintiff,
NO, 97-6545 Civil Term
v.
CIVIL ACTION-LAW
ST ANDARD TEXTILE COMPANY,
JURY TRIAL DEMANDED
Defendant.
CERTIFICATE OF SERVICE
The undersigned certifies that on the date indicaled below, she served a copy of the
foregoing complaint on the following individual at the address indicated by the United States
Mail, First Class, Postage Prepaid and Certified Mail.
Mr. Ernst Frankel
Standard Textile Company
I Knollcrest Drive
Cincinnali, OH 45222
~~~
(Attorney to No. 63214)
314 U.S. Highway 22 West
SuiteE
Green Brook, N.J. 08812
THE LAW OFFICES OF LAWRENCE S. COVEN
ATTORNEYS FOR PLAINTIFF,
WORLDWIDE TELECOMMUNICATIONS, INC.
Dated: February 22, 1999
-5-
WORLDWIDE
TELECOMMUNICATIONS,INC"
IN TilE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff,
NO. 97-6545 Civil Term
v,
CIVIL ACTION-LAW
ST ANDARD TEXTILE COMPANY,
JURY TRIAL DEMANDED
Defendant.
NOTICE TO DEFEND
t
You have been sued in court. If you wish to defcnd against the claims set forth in the
following pages, you must take action within twcnty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defense:! or objections to Ihe claims set forth against you, You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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Cumberland County Bar Association
2 Liberty A venue
Carlisle, PA
717-249-3166
Dated: February 22,1999
~;;~
(Attorney ID No. 63214)
314 U,S. Highway 22 West
Suite E
Green Brook, N.J. 08812
THE LAW OFFICES OF LAWRENCE S, COVEN
AITORNEYS FOR PLAINTIFF,
WORLDWIDE TELECOMMUNICATIONS, INC,
EXHIBIT A
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Wotlclwtde Telotcomm~ lncorpo-.cl
a1l WMI Deup/lln ICreeC
InoII, PA 170.
aua.......... bvtftM . ea"'b~r~v OnlV Conn...1t11Ul ..... Aa..........
DMt WottcIwlde TeJecommunlcldlona:
We hlI,.by IPPOInI rou to Iud. our loc:aI Ind long cIllnInce III'COIIlIIIU""-~" VMdor InvDlc11 In
onIer for you to -- ~ MY1ng8 ~_ to CMlr linn. It Ia IIJI'Nd roll will 1/IIIyU our
UI*1WI In lheIr enIllIty Ind ruearcll In detail lhe Federll COmmunlclllonl Commilllon IocII IIld long
dlltlnce ClnIer tII1f'II 01 our 1o?i1 p/IOIle COIllj)lnr IIld lhe Allevanl long d~ o.n... II II -orMd roll ...
flI1IYIdl UI wfth pI'IIImjnaty ftnd/ngl IIld ~Ier I dIIalltd ruearcll ntpOft ofI'tmg the CtoIdeIl Ind moet
~ 1'1/10I oIlIleoonvnunlca1lons IlIVlnga 8Ild nil, 1'lICCIIIVI1IIl. pc nlllll u1lblng our cholce 01
11I1I'II, CIrIIIIa, IpICIaI IllowallOlll, ..lIMes, ..fundi .nd OOIll'Iduc:tlonl,
It I. ur.... .~ and 80""" ltIat you will be wo/llng on a wtct no.riall c:ontl/lOlnc:y ... buI8 IINlIIIMr
rour COMUlllng'" win be on III1f of !hi monthly MVInp we lICe,. from the R1COIllllll...."Cllhle In row
....-. for . peI10d till one year from lhI d.- tIIIlmplemenUlllon. Mlrthe II/'lII twelve 1IlOlllhI, 100-. 01 tII,
long IIfm MYlngI lie UUI'I to kOlp. Since liVings 'AI QIIIIII'IlHCl by you 10 occur, If ltlete lie no IIYlnga
INIlZ8d by III, 1IIIrI .. !lQ '" dill to you. One-tJrTlI ntfundl of put lIIfrr OVlIItlWngs will be IIlIntd on ,
50150 buIt upcIIl COlIecllon. Your ongOing tlrttr monltOllng service and IllII ludlllng will be provIdecl to IlIl1l no
IlldItloNI COIl. Co8t lIIYlnlll wUl ill c:alcur.lld from lhI objectM lItan4ltd till CMlr Clll'lWlt COllI 8t !hi
time of 1Ud1C1CCOnI1ng to tile followlnlllomlula:
CMf It8dudkut AavlftfttI ......pa..
.22 cents C1lrmrt COlt JIIr minute - ,~ cents new COlt JIIr minIM. .13 Clnts JIll' mlnute lilroa living,
.13 CIIIltI permlnlM GlOU Mvlng' 118.ooo mlnut.. otCIIllinG i. month. '1040 -.montII1IYtnge
,,~. toO duI month one.
A-'uftd .a.vtnp ..~B'"
'1~ I'IfIInd ChIck to rou II .10. .750 MYlno"Olll tlnM tN.
Aller roor WOl'k Is perlonned, t,rttr recommendations IhI1 we Implement Ire fII'8$UITllId \0 III due \0 your woB.
Therefore, It II IIJI'Md IhIlIRY reoommenct.1Ion In rour IllpOItS that we Implement .. dMmIcI eccIpIed IIld WI
will not utlIIz, the recommenclltlonlln your ..ports during lhe tlml wtIhout peyment of your I.. IIld noIfftcIlIon
to roll, TMII non-drcumventIon provlslonl Ire Integral to thlllQl'M/lllnt end IhlII III e1YectIv, for a two year
peI10d ,ftlrlhe clIlMfy 01 rour ftndj/llill.
Lut/y, · Is lIlilrHd and lIIldemood that thIS contract Ia 1I0vemec:I by Ihe Stat, 01 Penneylvl/1~ IIld any aclion
~ hereunder shall be bIoughl In the l;OUnty 01 Cumberland. furtlHllmont. WI AllRMnt that tile
pemn Ilgmng Is lUIhoI1zed to engeg. roor M1V1ces. WI MAlOy IcIu10wtldge .-Ipt 01 1 oopy 01 this
egreement, Ind " we br1lIch this contAlct. we will fIIIr In reasonable llOurt and legal 00Ita roo Inalr due to IUCh
brHch.
Accepllcl br:
= on behalf or ,Va+tPl' ~d' h'-4t tQ
COtItIc:t Nwne: ..J - ~1l%:J
81gn11ure:
Ad.....: _
Name:
Signed
DaII
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19~0 19l :01
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leeL A?,:fH Altc;n
WORLDWIDE
TELECOMMUNICATIONS, INC.,
Plaintiff
IN THE COURT or COHHON PLEAS OF
CUMBERLAND COUtlTY, PENNSYLVANIA
NO. 97-6545
v.
CIVIL ACTION-LAW
STANDARD TEXTILE COMPANY,
Defendant
JURY TRIAL DEMANDED
PRAECIPE TO REISSUE WRIT or SUMMONS
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TO 'I'HE PROTHONOTARY or CUMBERLAND COUNTY:
YOrrE , YOrrE, P.C.
Please reissue the Writ of Summons in the above captioned ca.e.
Yofte, Esquire
Attorney for Plaintiff
214 Senate Avenue, suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney 10 No. 52933
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WORLDWIDE
TELECOMMUNICATIONS, INC.,
Plainti!!
IN THE COURT OF COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-6545
v.
Civil Term
STANOAIU> 'fEXTILE COMPANY,
Defendant
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WITHDRAWAL/ENTRY OF APPEARANCE
i.
l?eN::G S. CJN ~ I lO$QVI flE.
314 U.S. Highway 22 West
Suite E
Greenbrook, New Jersey 08812
Please withdraw the appearance of Jeffrey N. Yoffe, Esquire in
the abClve captioned matter and enter the appearance of 1JIwCli:/\/CE'S'.~,J
Esquire.
YOFFE , YOFFE, P.C.
Bkt~~~;lESQUIRE
Attorney for Worldwide
214 Senate Avenue, suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney 10 No. 52933
B
worldvld.'.tdtext\wlthdrlw
WORLDWIDE
TELECOMMUNICATIONS, INC.,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL V ANI^
PlaintilT,
No. 97-6545 Civil Tcrm
v.
CIVIL ACTION-LAW
STANDARD TEXTILE COMPANY
JURY TRIAL DEMANDED
Defendants.
NOTICE OF REMOVAL TO THE UNITED STATES
DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSVL VANIA
TO: Curt Long, Prothonotary
Cumberland County Court of Common Pleas
PLEASE TAKE NOTICE that Defendant, Standard Textile Co., Inc. has filed a Notice of
Removal of the above-captioned action from the Court of Common Pleas of Cumberland Counly,
Pennsylvania, to the United States District Court for the Middle District of Pennsylvania. A true
and correct copy of the Notice of Removal is attached hereto as Exhibil "A".
Respectfully submitted,
Dated: March 12, 1999
~LL~~
Atty.1D No. 55817
David R. Fine
Atty. ID No, 66742
KIRKPATRICK & LOCKHART LLP
240 North Third Street
Harrisburg, P A 17101
(717) 231-4500
Attorneys for Defcndant,
Standard Textile Co., Inc.
HA.717l9.01
,
EXHIBIT A
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYl.V ANIA
WORLDWIDE
TELECOMMUNICATIONS, INC.,
Plaintiff,
v.
CIVIL ACTION NO.
STANDARD TEXTILE COMPANY,
Defendant.
NOTICE OF REMOVAL
Defendant, Standard Textile Co., Inc. ("Slandard Textile"), hereby files this Notice of
Removal, in support of which it states the following:
1. This action was commenced by Plaintiff, Worldwide Telecommunications, Inc.
("Worldwide") on November 24,1997, with the filing ofa praecipe for a writ of summons in the
Cumberland County Court of Common Pleas, A true and correct copy of the writ of summons is
attached as Exhibit "A".
2. Plaintiff filed and allegedly served ils complaint on or about February 22, 1999.
A true and correct copy of the complaint is attached as Exhibit "B".
HA.71114.01
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3. Defendant, Standard Textile received a copy of the complaint on March I. 1999.
4. The only filings thus far in this matter are the praecipe for writ of summons, writ
of summons and complaint.
5. Plaintiff, Worldwide is a corporation organized and existing under the laws of the
Commonwealth of PeMsylvania, with its principal place of business located in the
,
Commonwealth of Pennsylvania.
6. Defendant, Standard Textile is a corporal ion organized and existing under the
laws of the State of Alabama, wilh its principal place of business located in the State of Ohio.
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7. Defendant, Standard Textile desires to exercise its rights under the provisions of
28 U.S.C. ~ 1441 to remove this action from the Cumberland County Court of Common Pleas
where it is pending under the caption Worldwide Telecommunications. Inc" v, Standard Textile
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Company, Civil Aclion No. 97-6545.
8. This Court has original jurisdiction over this aclion under the provisions of28
U.S.C. ~ 1332.
9. This action may be removed to this Court by Defendanl, Standard Textile
pursuant to the provisions of28 V.S.C. ~ 1441, in that it is a civil action wherein the matter in
controversy exceeds the sum or value of$75,000, exclusive of interests and costs, and is between
citizens of different states.
10. Prior to receiving the complaint, Defendant, Standard Textile lacked sufficient
knowledge to determine whether this action could be removed to the United States District Court
for the Middle Dislrict of Pennsylvania pursuant to 28 U.S.C. ~ 1441.
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II. The date on or before which Defendant, Standard Textile is required by the laws
or Rules of Civil Procedure of the Commonwealth of Pennsylvania to answer or plead to
Plaintifrs Complaint has not lapsed.
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12, In accordance with the requirements of28 U.S.C, 0 1446, this Notice of Removal
Is filed within thirty (30) days after service of the complaint on Defendant.
13. By reason of the above, Defendant, Standard Textile desires and is entitled to have
this cause of action removed from the Cumberland County Court of Common Pleas to the United
Slates District Court for the Middle District of Pennsylvania, such being the district where said
suit is pending.
14. A copy of this Notice of Removal will be served upon Plaintiff, Worldwide and
the Prothonolary of the Cumberland County Court of Common Pleas.
WHEREFORE, Defendant, Standard Textile Co., Inc. requests that this action be
removed to this Court.
Respectfully submitted,
Dated: March IS, 1999
-.Es6-
Atty. 10 No. 55817
David R. Fine
Atty. 10 No. 66742
KlRKPA TRICK & LOCKHART LLP
240 North Third Street
Harrisburg, PA 17101
(717) 231-4500
Attorneys for Defendant,
Standard Textile Co., Inc.
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EXHIBIT A
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Commonwealth of Pennsylvania
County of Cumberland
Worldwide Telecommunications, Inc.
212 West Dauphin Street
Enola. Pa, 17025-2209
VI.
COUrt of Conunol\ Plea.
Standard Textile Company
1 Knollcres t Drive
Cincinnati, Ohio, 45222.
No. ..,lrZ-=G'.1.S.CJ...dLI.em...___..__.. 19_._.
In ...~~~11_J\ctisvl=~snt_.._._.__.._.._.......
To ..l;it~ttl_'t~lllc.~_...._....__._
TRUE COpy FROM RECORD
In iil$Umony whor~f, , hafe unto:ct my h~nd
an) tr.'I1.,lC1 !II s;:;d C;);m at Carlls.itt. P~.
This 02 Y ~ day ~ ~~. t 11/ Ii ,
9-:'.r' I ~=~~
Prothonatary
You are hereby notified that
~grJ_~1QJt-Te~~1clLt10rut~.I~.._._._________.___....____._.__.._...__.__...__.._......
againn you which you are required 10 defend or a de! Ault judgment may be entered apinll you.
the Plain~ff h. B commenced an action in -----.-C.i.U.l.1.Law..__.__..____.____.....__..._........_
(SEA..)
..~~-~.-~Jtl~OJr_.._____..._._..__...__._
Prothonotary
Dale "~!'.1.4.._..____._.___. 19.27.
By --~~-G..:n1d..(t~...__.______.___.
Deputy
EXHIBIT B
fll ll:ia tAl 51J 101 UJI~
WORLDWIDE
TELECOMMUNlCATIONS, INC.,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff,
NO. 97-6545 Civil Term
v,
CIVIL ACTION.LA W
STANDARD TEXTILE COMPANY,
JURY TRIAL DEMANDED
Defendant.
PLAINTIFF'S COMPLAINT FOR DAMAGES
Comes noW the Plaintiff herein, WORLDWID~ TELECOMMUNICATIONS, INC.
(hereinafter referred to as "Plaintiff' or "Worldwide"), by counsel and 85 its complaint against
STANDARD TEXTILE COMPANY (hereinafter referred to as ''Defendant'' or "Standard"),
herein alleges that:
COUNT 1; BREACH OF CONTRACT
JURISDlCfION AND VENUE
1. Worldwide is a corporation organized under the laws of the Slale of
. '
PeiUuylvimia and has its pnnclpalplace of business located in the lown of Enola, State of'
Pennsylvania.
2. Standard is a corporation which b85 its principal place of business located in the
city of Cincinnati, State of Ohio.
3. The parties hereto entered inlo a contract on or around July,I997 which recites
thaI it w8510 be governed by the laws of Pennsylvania.
4. Worldwide was to perform Its obligations under the contract within the State of
PeMSylvania.
S. Payment ofilie contract was to be made to Worldwide located in Cumberland
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O~'Oi/iY TCE 11:~8 FAX 51J jdl UJ;U
County, PeMsy1vania.
6. Standard agreed to a PeMsylvania ventle in the ovent 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 1\ view towards finding new or similar
telecommunication services from the same or another carrier at a lower rate,
8. After a considerable investment of time and capital, Worldwide has maintained
computer programs, a tariff database, indusll)' 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 ill these assets and in
the data it provides its clients.
STATEMENT OF THE CASE
10. On or around July, 1997, Worldwide and Standard entered into a contract, a true
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copy of which is attached hereto as Exhibit "A" and incorporated by reference.
II. Prior to July, 1997, Worldwide and Standard had been communicating wi1h each
other in reference to the services which were eventually provided pursuant to the contract.
12. Before it signed, Standard had ample opportunity to request or
negotiate changes in the conlract; changes in the service Worldwide proposed; and changes in the
fee Worldwide would expect under the contract, Standard 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 of Worldwide's work, Standard would pay Worldwide fifty
petcent (50"10) of any reduction in telecommumcation expenses Standard re,,1i7..d as a result of
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O~'09'99 TIE 11:~b fAI 51J l~l UJlU
Worldwide's work.
14. Worldwide performed as agreed, providing Standard with infonnalion on
available telecommunication rales and rccommending a telecommunication program that would
save Standard at least $317,892.00
15.
Standard has utilized Worldwide's reconunendations for its own benefit and
implemenled Worldwide's ideas without paying Worldwide any fee, in violation of the
agreement between Standard and Worldwide.
16. Standard bas damaged Worldwide to the exlent ofSIS8,946,OQ which exceeds the
jurisdictional limit above which cases are ineligible to be heard by a panel of arbitrators.
17. Worldwide has incurred and will incur Court costs and legal costs in the bringing
of this action and requests that the same be added to the amount being sued for.
WHEREFORE, Worldwide prays that:
A. Judgment be entered against Standard for 5158,946.00 plus interest, attorney's
fees, costs of suit plus any additional amounts prov:en at trial.
,.. . .
B. Plaintiff have such other, further and different relief as the law may allow and this
Court deem just and proper.
~~B~
(AttomeyID No. 63214)
314 U.S. Highway 22 West
Suite E
Green Brook, N.J. 08812
THE LAW OFFICES OF LAWRENCE S. COVEN
ATl'ORNEYS FOR pLAINTIFF,
WORLDWIDE TELECOMMUNICATIONS,lNC.
Dated: February 12. 1999
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WORLDWIDE
TELECOMMUNICATIONS,INC,.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff,
STANDARD TEXTILE COMPANY,
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
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NO, 97-6545 Civil Term
v,
Defendant.
VERIFICATION
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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 Plaintiff's Complaint for Damages arc true to the best of
the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities.
my knowledge, infonnation and belief. I understand that false statements herein are subject to
Dated:
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WORLDWIDE
TELECOMMUNICATlONS,INC"
Plaintiff,
IN TIlE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO, 97-6545 Civil Term
STANDARD TEXTILE COMPANY,
CIVIL ACTION-LAW
Defendant.
JURY TRIAL DEMANDED
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CERTIFICATE OF SERVICE
The undersigned certifies that on the date indicated below, she served a eopy of the
foregoing complaint on the following individual at the address indicated by 1he United States
Mail, First Class, Postage Prepaid and Certified Mail.
Mr. Ernst Frankel
Standard Textile Company
I Knollcrcst Drive
Cincinnati, OH 45222
Dated: February 22,1999
~~~
(Attorney ID No. 63214)
314 U:S. Highway 22 West
SuiteE
Grcen Brook, N.J. 08812
THE LAW OFFICES OF LAWRENCE S. COVEN
ATTORNEYS FOR PLAINTIFF,
WORLDWIDE TELECOMMUNICATIONS,INC.
-5.
UJ/UW/WW !l~ 11;~u tAA alJ Ibl UJ/U
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WORLDWIDE
TELECOMMUNICATlONS.INC"
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY.
PENNSYLVANIA
Plaintiff,
NO, 97-6545 Civil Term
v,
CIVIL ACTION-LAW
STANDARD TEXTILE COMPANY,
JURY TRIAL DEMANDED
Defendant.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims sot forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that lCyou rail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relicr
requestcd by the plaintiff. You may lose moncy or property or othcr rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA
717.249.3166
Dated: February 22, 1999
~f!.~
(Attorney ID No. 63214)
314 U.S. Highway 22 West
SuiteE
Green Brook, N.J. 08812
THE LAW OFFICES OF LAWRENCE S, COVEN
ATTORNEYS FOR PLAINTIFF,
WORLDWIDE TELECOMMUNICA TIONS,lNC.
03/0g/gg TlIE 11: a FAX 513 761 0318
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EXHIBIT A
..-...-....-
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Worldwld. T...communk:lltlOfM, In~o,,"med
211 WNl lltuphln 8trMt
Enoll, "" 1702.
()u....ntMd Ilavtnq. . eflnflnOlft""3' lJnlw een.uttlna ,.. A9""""'''
0.1' Wol1dwldl T.IecClllUnunlcMloOl;
W. hlrwb1' appoint 1'011 10 ludlt our local and long dll1.lllQl alecommunlcdOna vendor Invol_ In
ordtr tor 1'ou 10 mab colt MVIngI nlcomrntndlllon, to our finn, II II IQrwed 1'OU wfll lnal1'll our
uporaal In Iholr IntJrtly lnet nlSllln:l1 111 Cl4lta1l the Federlll CommunlclUons Commission local lnet long
Cllli1anco carTI.r IIrlff1 of our IoCII phon' compeny and !h. relevlnllong dlslance carrla.., Ills IIllIMd 1'OU will
prov1d' US wtth prtIlmlna'Y nndlngs and Iller . detailed RISOIn:fl report off,rlng the b(oacINt Ind moet
comprehenslvl IIngl of 14leoommunlcaU0fII6Ivlngl llId nile ",commondl1Jon. possIbl. u1Ulzlng OU, cholGl 0'
1.~tf1, almo", lplldaJ aflowlln_. ,..bIIM. "funds .nd 00iI rodUCllona.
It II IIndet'.~ ....d aQl'Md tII8t you will bo worting on I ftIct nG-dIlIl:Ofltln...". ... ball -.ld ltMI
1'OU' GVIIIlIJIlng I'M will be on hIIf of Ihe montnly MV\np __ Ic:c:nll frOm UtI flClIII1IMnddona In )'Our
rwportl for I peI10d or onl YNl'tram thl dalII of implementation. A/Ier thl ftIIt twelve 111OIlIlI8, 100% or the
long t.nn lIoIVInQS .... OIl" to kelP. Blnoe IIIVIngs Ire gu&m1lHd Il1' )'011 to OOCUI', If th,,.. ... no avlng.
,..lIzed br ut, thanll' fig fee due to you. On~me ,..funds of put tall" overtlW/lOS wUI be e/Iarod on I
50150 batls IlpOn colloctlon, Your ongolnO tafflT r;nonllOlIng 5ervlce Ind 1lI11 ludltlng wlll be provided III III II no
lIddlUonll cost. Con MvllIlIl wiD be calculated from thl objtctlve ltandard of our cul'l'lnt c<<*t It the
time of audh Ic~onIlng to the following formula;
Co~ Raduetlnn RN1ft9. 1=1l'."'P"!
,22 cerlls cumnl C08t per mlnutll- .09 centa new cost per mlnllle Ro ,13 cenlll pet mtilllte lIroN aavlng.
.13 cents parmlnuw IJI1IU &living. II 8,000 minutes af Qlllng iat month" '10.&0 one-month Mvlngs
'10040l<50'llo" Nzo due month 008.
R.fund tllavfnV. Jlwtllnpltt:
$1500 ",fund chick to)'Ou ll.llD" $760 ..~inllalolM time tH.
An.r your work Is perfonned. tariff ,..commend&tlons that welmplemel1t Ira presumed to III duo 10 your WOIk.
Therefore, Ills IlQI'Md \hat eny recommendation In your reports \hit we imPlement II d"med accepeed end WI
win not uUllzl Ihl fIlCllmmondlllons In your "'ports dUlt"" thl term wlthout payment of yout fH Ind nollfIc8lJon
10 yOU. These non-drcumventlon pnMslone .ra Integral 10 this .ommenl Ind .hea bllffedlvl for I two yNf
pelfod .n.r thl dlUvI'Y of your IindInga.
LasUy, . 13 agreed and undnood IIIet !his contswcl Is UO'temed b1' the sam of PenII5JlVIIlII n IIT1 ec:IIon
commenclrla herauMer IheJJ be bnlughl In tIlo COI/nIy of Cumberland. FuJthttmore. ww "lllIM,ll that 1I1e
person signing II aUthortzed to engage yOur 1Orvk:es. We herall1' Ic:lu1owIlClge _Ipt of . ClIIpy 01 this
egreumenl. and If we breach this conttact. Wt v.111 ply III reasonable ClIIurt and legal CIl5I:I )'OIl Incur dill to llIah
tn.eIl.
Accepted br-
=danbeharrOf .....Q-a~-u:/4?d' hl# t:iJ
COlltllct Namel ~akJ .
Slonltutl:
Add_,-,' 7,
Ham.;
Signed
Dete
EO 39\1d
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eooooeeeulI e~ILI &661/11/11
0000000000 IROYJ Leel' eEIAl ftl/er
!)Vd
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CERTIFICATE OF SERVICF,;
I hereby c~rli(y that one copy of the foregoing, has been served upon the parties listed
below by first-class mail, postage prepaid, on March 15, 1999, as follows:
Janel B. Coven
The Law Offices of Lawrence S. Coven
314 U.S. Highway 22 West
SuiteE
Green Brook, N.J. 08812
~n~~f<A
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HA.71114.01
WClIllIMlOE
TELfX:CMoIUNICATIONS, HI:.
IN THE COURT OF CCJoM)N PLFA'l OF
Cl.Jo\IlmLl\W COUNl'Y, PENNSYLVANIA
No. 97-6545 Civil Term
CIVIL ACTION - I>>l
vs.
STANlARD TEXTIIE CCMPANY
UNITED STATES DISTRICT COORT
FOR THE MIDDLE DIS'mICT OF PENNSYLVANIA
please acknowledge receipt of this case by signing and dating this document.
REX:ORD REX:EIVfD
DA're:
~
lsignat
-.....---....
Stephen M. Beaudoin, Esqure
Stephen J. Labroli, Esquire
REGER & RIZZO
Parkview Tower
Suite 2~0, 1150 First Avenue
KinK of Prussia, PA 19406
(610) 878-9901
Attorney ID No, 62070
Attorney ID No. 78737
Attorneys for Plaintiff
WORLDWIDE
TELECOMMUNICATIONS, INC.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
v.
No. 97-654~ Civil Term
STANDARD TEXTILE COMPANY
CIVIL ACTION - LAW
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of the Plaintiff, Worldwide
Telecommunications, Inc., regarding the above-captioned matter.
Ste en M. B oin, Esquire
Stepf1'€~~Uire
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
"
Kindly withdraw my appearance on behalf of the Plaintiff, Worldwide
Telecommunicttions, Inc., regarding the above-captioned matter.
THE LAW OFFICES OF
AW S. COVEN
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