HomeMy WebLinkAbout98-06944
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Johnsol1, Duffie, Stcwart & Weidncr
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By: Joseph L. Hitchings
\.D. No. 65551
301 Market Street
P. O. Box 109
LCllIoyne, Pennsylvania 17043.01 OIl
(717) 761-4540
AUomeys for Plaintiffs
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MARIA R. PASTORELLI, and
MARK WEXLER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO.
v.
CIVIL ACTION - LAW
COMPUTER LEARNING NETWORK, INC.,
JURY TRIAL DEMANDED
Defendant
q~.&qlf'f i;J
!;OMPLAlloJI
AND NOW, comes the Plaintiffs, Maria R. Pastorelli and Mark Wexler, by and through their
undersigned attorneys, Joseph L. Hitchings, Esquire and Johnson, Duffie, Stewart & Weidner, and avers in
support of their action against Defendant as follows:
1. Plaintiff, Maria R. Pastorelli (hereinafter referred to as "Plaintiff Pastorelli"), is an adult
individual residing at 4130 Monument Court, #303, Fairfax, Virginia 22033.
2. Plaintiff, Mark Wexler (hereinafter referred to as "Plaintiff Wexler"), is an adult individual
residing at 2608 North 9th Street. Arlington, Virginia 22201.
3. Defendant. Computer Learning Network, Inc., is a corporation existing under the laws of the
Commonwealth, engaged in the business of training and education in the use and applications of computers
with an office or principal place of business located at 1110 Ferr)wood Avenue, Camp Hill, Cumberland
County, Pennsylvania 17011.
exhibit B
11t17/08
OB: 27 .
'5'703 274 5730
AIle
19J002
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EMPLOYMENT AGREE:\1J.o.:NT
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Tbls 3J;1'eenlen~ m,de Ihls _~ d.:Iy of IY\M((" _' 1998. by "nd between Contpuler L.'l11tn~
Nctwcrk (hereinafter ~ferrcd to ,~ "cur) :mrl !Io!:J.rk Wexler. 'Hereinafter referred 10 as ';We:der").
pro\idl:s as lQlI~ws:
WHEREAS. CLN h:lS de~rmined (0 employ Wexler for !us sales and nt,meting. abiJjl)';
and
WHEREAS. WcxleracL-cplS emplO;'lllem with CLN upon the tenns andeanditiOllS 3I1d
for oilIer good and valu:Jble consideration ccul:lined herein: and
WHEREAS. We:der is willing to commit 10 the furore developmenl of CLN:
NOW THERE.FOR.E.me pmi= iulJ:ll<Jing to be lcgaIly buwl<l hereby. CO\'cn.mt:u:d
agree as follow,:
l. Term ofEmploymenr. This agreement shall begin on the d.:Iy fir'il wrillen above "nd shall continue tor
a periOd of one (I)y=, orl.Ultil /h~ /,/h , 199'). e1.1'1 may Il:rnUnatelhe Agn:ement
far callse as descnbed bel<lw.
2. Purpose ofEmploymenr. We:der agrees to perli:>rm the full-time duties of the ~es M:mager of tile
CLJ;J tr.lining r~cilily in Rockv;lle, Mnryl:tnd.. to tbe b:st of his 3btlity. The resjxlOsibili.ties would
include. bUI not be limited to, =keting'de\'elopme:ll, sales administration, sales staft'superviston.
sales tl'3inill;. ~ other dIlIies:AS ''';gn..d J.h:u would contribute to the gt'O"th af the f:u:ility. In
addition, in tile 00= ofms aes, Waxler will de\'elc? sales and marketing systems and procedure.,
that may. :n the discretion af CLN, be used ~t other e.usting or [ull1re f~illties of tlle COml>auY.
3. Comp.lrlSanon. For semce5 rendered. Wexler s1u1I r:ccive an =u:iI SIlary of filly ~,:vcn thousand
five bnndred (557,500.00) doIlars JXll:.wle .~'UY 1\\0 ...c<:ks and shllIl be ronsideIed llIl e.'<Cillpt
. cmpluycc.
]flcemive. ill additiou to the salaJy =ed above, We.\ler shall be eligible for 3.
collllllission of thr~ (3%) percent of tile gross revenue of the facili~ rosed on :oonthly
delivered lIl3ining.
~. Cow""m Sot ro Compete. In lecof)lition:md .;oD.Sicieration of We\ler' 5 employment, compellS3tion
;md fringe benefits, We.uer covenants WI be will DOL during the l.c."m of this Agrc:.'Ue:tl. or llnY
renewal, or for a period of one y= im01e&te!y follo"ing tennin;1tian of Wexlel" empto)=1 ';\ith
CI.N irl'espe<:th'e of the =n for 'P'm'i~1,;on or "hJm p:uly ~tes lerminanon. either direclly or
indiIectly, own. ro=gc, opemte. CODU'OL be employod or retained by. p:uticip:m in or be connected in
<ICy m:lllnet nith :my business or pr.:u;:ke whieh is in competition ..,ith CI..'l within a fifty (50) mlle
t:ldius of any CLN fucilily. Wexler further cove= 1h:n hc will nOI cng:lgc 1Il competition '00;11> CI.N .
"il..'t a customer of cut As used in this se=UOll. .competition" !.h:Ill 01= ~lic:ti.ng or bandline for
any l:UStomer any type: of business c:micd on by CL'Il at the time We:der =ses 10 be an employ"" of
CLl'. .Cu:itomeI" shall m= any pam!:' or o~tion dircttly or indirec:ly doin& busi/l!$~ ..ith
CLl'< ~I thetim~ W<::'de: CC:lses 10 be :In e:np1oyee oI'CLN. or whO 1\.1S done business v.ith CLN v.ilhin
the IwO y= preceding the ~ ot' ~ess;lt;on ot'emJ:loyment.
~. Con!idenTial Information. Wexler "ill nOL e:ilier Curin:: thelenn of hiS ernplo;ment or 31 :m;'llme
follo\\inz the lel1l1in:\ticn of his emplc~menl. d.il'Close :my eon1\de:nW or r-roprietary infonn:uion of
CLl' includin;. bul r.Ollimllfd 10. C'JSlorncr lists. ll'Jde secre:s. pricing i:donn:luoll. business platts.
m:lleri:liS. books. Or curri.:ub. 'This p3f.'l~-!>l1 includeS those llCms developed by Qt implO\ed upon~'
\Vc:..,tf!:f clll..-mg the course of his elT:plo~m("m,
I" t.
:::::,: ,,,",';'C: '.vllh any business or practice which is in competition With CL~ within a fifty (50) mile
radius of either of CLN's schools. Traincr furthcr covenants that he/she will not, during the term of
this Agreement, or any renewal or for a period of one (1) year immediately following termination of
Trainer" employment with CLN, irrespective of the reason for termination or which party initiates
termination, either directly or indirectly, engage in competition with CLN....ith a customer ofCLN.
1'his section covenant only applies when the Trainer terminates emplo}ment; it does not apply in cases
in which CLN terminates employment. Trainer acknowledges that this agreement has been freely and
willingly made.
6. Confidential In/ormation. Trainer will nct, either during the term ofhisiber employment or at
any time following the termination of his/her employment, disclose any confidential or proprietary
information of the CLN including, but not limited to customer lists trade secrets, pricing
information, business plans, matenals, books, lesson plans. syllabi, curricula. This paragraph
includes those items developed or improved by Trainer during the course ofhisiber employment.
7. Termination/or Cause. Trainer may be terminated by CLN at any time for cause. For the
purposes of this Agreem~'I1t, "cause" is defined as any \\illful or intentional act having the effect of.
injuring the rcputation or business relationships ofCLN. or a rcpeated failure, neglect or refusal by
Trainer to perform the duties required ofhimlher in the co~rse of his/her employment ....ith CLN. .
8. Automatic Termination. This Agreement shall terrrnnate automatically upon the death of Trainer.
9. Choices 0/ LOlli' and Forum. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania. The parties agree lhM the proper forum for litigation, where
jurisdiction and venue lie in the event any conflict arises under the tenus of this agreement, shall
be the appropriate Courts of Cumberland County P':ll1lsylv3l1ia.
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Johnson, Dullie, Stewart & Weidner
By: Joscph L. Hitchings
J.D. No. 65551
301 Markct Strcct
P. O. Box 109
LCll1oync, Pcnnsylvania 17043-0109
(717) 761-4540
AlIol1lcys for Plaintiffs
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MARIA R. PASTORELLI and MARK D.
WEXLER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 98-6944 - CIVIL TERM
v.
CIVIL ACTION - LAW
CLN ACQUISITION, INC. d/b/a COMPUTER
LEARNING NETWORK,
JURY TRIAL DEMANDED
Defendants
REPLY TO NEW MATTER
AND NOW, this.r^ day of February, 1999, comes Plaintiffs, Maria R. Pastorelli and Mark D. Wexler
by and through their undersigned allorney, Joseph L. Hitchings, Esquire and replies to Defendant's New
Maller as follows:
~EW MATTER REGARDING BOTH PLAINTIFFS
41. Paragraphs 1 through 40 of Plaintiffs' Complaint are incorporated by reference as if the same
were fully set forth at length herein.
42. The averments of Paragraph 42 conslilule conclusions of law which no responsive pleading
is required.
43. The averments of Paragraph 43 constitute conclusions of law which no responsive pleading
is required. By way of further Answer, it is Denied that Plaintiffs' in any way breached their contract.
44. The averments of Paragraph 44 constitute conclusions of law which no responsive pleading
is required, By way of further Answer, it is Denied that Plaintiffs' nonperformed under the employment
agreement with Defendant.
. .Johnson, Duffie, Stewart & Weidner
By: .1oscph L. Hitchings
1.0. No. 65551
301 Market Street
P.O. Box 109
Lell1oyne, Pennsylvania 17043-0 I (1)
(717) 7(J! -4540
AlIorneys for Plaintiffs
MARIA R. PASTORELLI, and,
MARK WEXLER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. qp- L,9ll'j
CIVil ACTION - LAW
JURY TRIAL DEMANDED
Plaintiffs
v.
CLN ACQUISITION, INC. d/b/a
COMPUTER LEARNING NETWORK, INC.,
Defendant
NOTICE TO DEFEND
To the Defendant:
You have been sued in court. If you wish to defend against the claims set 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 defense or objections to the
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 LAWYER 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.
Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, Pennsylvania 17101
Telephone; (717) 232-7536
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and conditions of the Employment Agreement with Defendant.
20. Defendant has breached (he terms and conditions of the Employment Agreement by failing to
continue to employ and pay Plaintiff Pastorelli for the two year term as expressly set forth in the Agreement.
21. As a result of Defendant's breach of the Employment Agreement, Plaintiff Pastorelli has
suffered monetary damages for which the Defendant is liable.
WHEREFORE, Plaintiff, Maria R. . Pastorelli, demands judgment against Defendant, CLN,
Acquisition, Inc. d/b/a Computer learning Network, for breach of the Employment Agreement, in an amount
in excess of $35,000.00, plus interest, costs and such further relief as the Court deems appropriate under
the circumstances.
Count II
Breach of Contract
Mark Wexler v. CLN, Acquisition, Inc. d/b/a Computer Learning Network
22. Paragraphs 1 through 21, of this Complaint, to the extent relevant to this Count, are
incorporated by reference as if the same were more fully set forth at length herein.
23. In February, 1998, Defendant Wexler was approached by agents and/or representatives of
Defendant to inquire as to his interest in becoming employed with Defendant at their Rockville, Maryland
location.
24. After several weeks of meetings and negotiations, on March 16, 1998, Plaintiff Wexler
accepted employment with Defendant and executed an Employment Agreement, a copy of which is
attached hereto, incorporated by reference, and marked as Exhibit "C".
25. The Employment Agreement attached hereto as Exhibit "C" bears the signature of both
Plaintiff Wexler and Defendanl'sPrcsident, Gabe (G.L.) Royer.
26. Pursuant to the terms and conditions of the Employment Agreement, Plaintiff Wexler was
employed as the full time Sales Manager for Defendant's training facility in Rockville, Maryland, at a safary
of $57.500.00 per year with an additional commission of 3% of the gross revenue of the facility based on
11/17/98 08:27
'a'703 274 6730
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El\IPLOYMENT AGREEMENT
lbis a~menl m,de thIs t t.{t. <by of ~(I-, _' 1998, by and between' Computer Le:Jrnins
Net....ork (hereinafter referred 10 llS "CLN") UI1d:\!3I:k W...'<1er. (Hereinafter referred to as "We:der-).
provides as follows:
WHEREAS. CLN has deletlI1ined to emptoy Wexler for his sales and matkcting abill".;
llI1d
WHEREAS. Wc.'<ler ucccpl5eroploymenl wllh CLN upon the terms and conditionS :m<1
for other good and vulll:Jble comldu.1ti.cn eOlll:llned herein: and
WHEREAS. We,"(\er is willing 10 commit to lhe funu:e development of eLl'!:
NOW THEREFORE, lhe jmrles. in~ding to be Jc.:;aIlr bcwltllleteby. cov.=t :md
agree as follows:
I.. Term ofEmplo;.=nr. This agreement shall begin on the d3y Mt ",rinen aoove and shall continue for
a period oC OIle (1) year, or~ ..??I'J"-C n / h . \9!19. cr..N may t::nnin:lle the Agn:cncnt .
for cause 35 described belo.....
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2. PU~pOSI! of Employmenr. Wexler agrees to per.lOrm the i\Ill-dme duties of the Sales Manager of the
Ct.N tr.rlnWg fudlll\' in Rockville. M:1rvl:uld. to the best of llIs 3bility. The rC$1)Onsibillties would
lnc:1ude, blU not be llmhed to, =ketin~'developmem, sales administIanoD, 5<1les staff supeMston.
sales l1'3lnlll:,;.:uW. othc: dIllies.as m;5""-".thaL would tlll1tribute to ~ grPwth of !he f2cilliy. In
addiIiOIl, in !be course ofllis.dntles, We:derwill oo'elcp sales and =keling "Ystems and procedure..
that may, .at ~ dis=tion of CLN, be used ~t ot/ler e:Usting or f~ ~.iIl~es of the GOlll~, .
3.' C"mp~nsaIlon. For serviteS rendered. We:der sball m:dve anarmual salllry of li!ty scven thow.'Snd
five hundred. (551,500.00) doil2rs lXlyllble every tWQ \\'CCks and shall be .coJisidered llI1 e.'o:mpt
employ!:\:. .'
Inct:nllve. In addition 10 the salary =edabo\'C, We."(\er sh:1ll be elll\1ole for a
commission oflhree (3%) 1==t of the gro5$ = of the facility based on monthly
dcliven:d tmining. .
4. Covenant Nor 10 Compere. In recogniliOl1llDd con...;c!erarlon of We.-der's employment, compensmon
and frinse bendilS, We.'<ler a:lven:ll1lS tbat be will not, during; the = of this Agr= or llI1~'
rcn"",,,,t, or for a period of onc YW'immediately following lermln:ltlOI1 of We :del" cmpl~t \'l'ith
CLN \.aespccti\'e of the re:lSOnfor I....";,,,,non or ,,1l!.ch p:lrty ~teS termination. either dir<:d~' or
indirec:1~'. own, =se, operate, COl11l'OL be empllly:d or mained by,lJ'II1icip1le in Dr be connected In
any m~nnP'f mth:my business or pr:>ctiCII which i5 in competition with CLN witbln a lll\y (SO) xniIc
r.ldius DC any CLN bcility, We.-cler further CDVClWItS tIw he wil!llct engage In collllXtltlon '1'>\11\ CI.N
\\'ith a customer ofCLN. No used In this ~OD, ~eompctiliOl1ft sI::lll m= soliciting or b3nd1ina for
any CUStomer:my Iypc ofbusllless c;urled 011 by CL'Il at the time Wc.-clcr = to be an c:mpl~ of
Cl.N. ~Customc1" sba1I m=:my IXlWl1 or org:mi%auon(lJrecUy ot indirectly dnin~ busiJ=$ ",ith
CLN :It the timeWc:der c:e:ues to be an employee of CUl. or '\Vho \1.15 done bllsin= ",ith CLN ",'ithin
the tv.'O )= pltCeding the date DC cel$;111Oll of employmCllt.
S. Co.'lfidennaJ Informacion. We:der "illnol elthc:r cfurill:: the tcm1 of his emplO)'II1Cllt 0131 any time
following me tennin~tlon of bj5=pto~-menl, disclose:lIlY confidentl:l1 or proprlewy infonn:ttion oC
eLl' lncludln~ but llolllmlled 10, CUStomer lists. tr.1de sc:c:reLS. pricins In!orm:nion. business p!;lns.
rn:lte:i~ book.~. or cwricuI.:L This p:u:l~ includes m= l:cms dC\-eloped by or UnprD\'ed upon by
We>:ler during the course onus employmenL
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4. Cuntinuing Education. Because the position of trainer requires continuous upgrading of skills
and knowledge, CLN may, from time to time, send Trainer to various classes, workshops,
seminars, etc. to enhance Trainer and Trainer's job perfonnance. This continuing education will
be at the expense of CLN. However, Trainer agrees that, should he/she voluntarily terminate
his/her employment with CLN prior to the expiration of the initial or any succeeding tenn of this
Agreement, Trainer will be obligated to reimburse CLN for all direct and indirect expenses related
to any continuing education experiences incurred within one 0) year of Trainer's date of
termination,
5, Covenant Not to Compete. As used in this section, the following terms shall have the following
meanings:
(8) COMPETITION. "Competition" shall mean soliciting from or handling for any
customer any type of business carried on by CLN at the time Trainer ceases to be an
employee ofCLN, or engaging in the perfonnance of work which would involve Trainer
in any capacity or function the same as or similar to a capacity or function in which he/she
performed for CLN"
(b) CUSTOMER. "Customer" shall mean any person organization with which CLN is
directly or indirectly doing business at the time Trainer ceases to be an employee of CLN.
or with respect to which T~iner has, within the two (2) years preceding the date of .
cessation of employment, done business, and also means any person or organization with
which Trainer personally had business dealings or from which CLN solicited business.
In recognition and consideration of Trainer's employment, compensation and fringe benefits, the
. training which CLN will give Trainer in CLN's business and the trainer's introduction to CLN's
customers made in the course of Trainer's employment \\ith CLN and the carefully guarded mr:thods
of doing business which CLN utilizes and deems crucial to the successful operation of the business,
Trainer covenants that he/she will not, during the term of this Agreement, or any renewal, or for a
period of one (1) year immediately follo\\ing voluntary tennination of Trainer's employment with
CLN. irrespective oflhe reason for termination or which party initiates termination, either directly or
indirectly, O~\1I, manage, operate, contro\' be employed or retAined by, participate in or be connected in
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. ::n,' m,:,:mcr with any business or practice which is in competition with CLN within a fifty (SO) mile
radius of either of CLN's schools. Trainer further covenants that he/she will not, during the term of
. .
willingly made.
6. ConfidentIal In/ormation. Trainer will not, either during the term ofhislher employment or at
any time following the termination of his/her employment, disclose any confidential or proprietary
information of the CLN including, but not limited to customer lists trade secrets, pricing
information, business plans, materials, books,lesson plans, syll.abi. curricula, This paragmph
includes those items developed or improved by Trainer during the course ofhislhe~ employment.
7, Termlnation/or Cause Trainer may be terminated b)' CLN at any time for cause. For the
. purposes of this Agreement, "cause" is defined :5 any willful cr intElitional act having the effect of
injuring the reputation or business relationships of CLN, or a repeated failure. neglect or refusal by
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Trainer to perform the duties r~ired ofhimlher in the course ofhislher employment with CLN.
8, Automatlc Termination. This' Agreement thall terminate automatically upon the de3th of Trainer.
9. Cholea 0/ Law and Forum. This Agreement shall be construed under the laws of the
Commonwealth ofPenns)'lvania. The parties agree that the proper forum for litigation, where
jurisdiction "and venue lie in the event any conflictllrises under the temu of this 19reement, shall
be the appropriate Courts of Cumberland County Pennsylvania.
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Taryn N. Dixon
Court Administrator
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
, Courthouse Square' Carlisle, PA 17013
Pllone
(717) 240-6200
(717) 697-0371
(717) 532-7266
(7171240.6460 FAX
Melissa H. Calvan.1I1
Assistant Court Administrator
.i1tEJ\1Q.R,\NDU1\1
TO:
The Honoruhle Edgar B_ Bayley
FROM:
Melissa H. Calvanclli, Assistant Comt Administrator
DATE:
August 23, 2002
INRE:
98-6944 Civil
Mark 1>, Wexkr
",
CLN Acquisition, Inc d/b/a Computer Learninl( Network
Thc abO\'c casc is assigned to you for a non-jury trial. Pleasc providc mc with copies of
your scheduling ordcrs and final disl)Osilion datc so that 1 can monitor thc casc for
statistical purposcs,
Attachmcnt