HomeMy WebLinkAbout99-03943Y?4TaM
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CUMBERLAND VALLEY
SCHOOL DISTRICT
V.
JASON D. ISETT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-3943 CIVIL TERM
IN RE: APPOINTMENT OF ARBITRATORS
ORDER OF COURT
AND NOW, November 12, 1999, the Court having been informed that the
above-case has been settled, the panel of arbitrators previously appointed is
vacated.
By the Court,
Jerry Duffle, Esquire
David Jones II, Esquire
Karl Ledebohm, Esquire
Court Administrator
:ssg
4Ge offer, P.J.
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IERRY R. DUFFIE
RICHARD W. STEWART
C. ROY WEIDNER. IR.
EDMUND C. MYERS
DAVID W. DELUCE
RALPH H. WRIGHT, IR.
DAVID I. LANZA
MARK C. DUFFIE
KEIRSTEN WAISH DAVIDSON
MICHAEL I. CASSIDY
TELEPHONE 717.761.4540
FACSIMILE 717.761.3015
EMAIL mall0)ldsw.com
October 29, 1999
The Honorable George E. Hoffer, President Judge
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
Re: Cumberland Valley School District vs. Jason D. Isett
Civil Action No.: 99-3943 Civil Term
Arbitration
Dear Judge Hoffer:
HORACE A. IOHNSON
OF COUNSEL
The purpose of this letter is to advise you that the above captioned arbitration matter has
been settled. I am enclosing herewith a copy of a letter, dated October 25, 1999, addressed to
me from Richard C. Snelbaker, Esquire, attorney for Cumberland Valley School District.
I placed a copy of this letter in the file and I will return the file to the prothonotary's office.
If anything additional is required to be done, please advise.
Very truly yours,
JOHNSON, DUFFIE, STEWART & WEIDNER
JRD:bsb:128227.1
Enclosure
LAW OFFICES
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-0109
WEBSITE: www.jdsw.com
cc: Richard C. Snelbaker, Esquire
R. Mark Thomas, Esquire
SNELBAKER, BRENNEMAN 8 SPARE *ryy~p4?r/
A PROFESSIONAL CORPORATION PP?S
ATTORNEY5 AT LAW OCT 2 6 1999
41 WEST MAW STREET e1{)u, ' 1 7
MECHANICSBURG. PENNSYLVANIA 17055"1 ?rDUpptp
RICHARD C. SNELBAKER ,' ?,? ?"=?rRF.?,j; KEITH O. BRENNEMAN )O%318 PHILIP H. SPARE 717.8078528 FACSIMILE GIV) 8£7.7881
1\` O rl,-
October 25, 1999 )<J
Jerry R. Duffie, Esquire
Johnson, Duffie, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043-0109
Re: Cumberland Valley School District
vs. Jason D: Isett
Civil Action No: 99-3943 Civil Term
Dear Jerry:
This is to advise that the defendant in the above matter has
made arrangements for 'payment of his obligation being in issue in
the above referenced arbitration matter.
Therefore, we will be marking the record of the case as
"discontinued" with judgment being entered on a note to a new
docket number.
Please let me know if you need anything further in order to
terminate your assignment as Chairman of/El?e Board of
Arbitrators..
Very,tr*Ayj yours,
C. Snelbaker
RCS:jjc
cc: R. Mark Thomas, Esquire
CUMBERLAND VALLEY SCHOOL DISTRICT,
Plaintiff,
VS.
JASON D. ISETT,
Defendant '
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3943 CIVIL 19
RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially
in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Richard C. Snelbaker counsel for the plaintiff/*?da k in
the above action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ 5.192.00 + interest.
The counterclaim of the defendant in the action is None
The following attorneys are interested in the case(s) as counsel or are other-
wise disqualified to sit as arbitrators: R- Ma*? Thomas. Esquire (attorney
for Defendant)
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Dated: September 8, 1999
ResNELBppectfqq v submitted,
S L•ER .MAIN & SPARE, P. C.
By
ORDER OF COURT rd C. Snelbaker
AND NOW, ?jI 19 in consider ion of the
foregoing petition, Esq.,
Esq., and C!/[ t'. )lrt-?/?L/l ,Esq., are appointed arbitrators in the
above-captioned action (or actions) as prayed for.
CC: R. Mark Thomas, Esquire
B t C t
P. J.
L C
CUMBERLAND VALLEY SCHOOL IN THE COURT OF COMMON PLEAS OF
DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION - LAW
VS. NO. 99- 3941d CIVIL TERM
JASON D. ISETT,
JURY TRIAL DEMANDED
Defendant
N O T I C E
Jason D. Isett, Defendant
You have been sued in court. If you wish to defend against
e claims set forth in the following pages, you must take action
thin twenty (20) days after this Complaint and Notice are
rved, by entering a written appearance personally or by
torney and filing in writing with a court your defenses or
jections to the claims set forth against you. You are warned
at if you fail to do so the case may proceed without you and a
dgment may be entered against you by the Court without further
tice for any money claimed in the Complaint or for any other
aim or relief requested by the Plaintiff. You may lose money
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
O NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
SNELBAK , BRENNEMAN & SPARE, P.C.
LAW 01MCE6 By
BR By
E R,
BRENNEM NEMAN Y
YnE s for Plaintiff
& SPARE
CUMBERLAND VALLEY SCHOOL
DISTRICT,
Plaintiff,
VS.
JASON D. ISETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 CIVIL TERM
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Cumberland Valley School District by its
attorneys, Snelbaker, Brenneman & Spare, P.C., and avers the
following cause of action:
1. Plaintiff is Cumberland Valley School District, a public
school district organized and existing under the laws of the
Commonwealth of Pennsylvania, having its principal office at 6746
Carlisle Pike, Mechanicsburg (Silver Spring Township), Cumberland
County, Pennsylvania 17055.
2. Defendant is Jason D. Isett, an adult individual, who
resides at 4513-D Linden Avenue, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
3. On or about September 23, 1996, Plaintiff hired and
LAW OFFICES
SNELOAKER.
BRENNEMAN
& SPARE
employed Defendant as its Network Technology Administrator, which
engagement included Defendant's commitment to the terms and
provisions of a certain written agreement dated September 23,
1996, a true and correct copy thereof being attached hereto
marked "Exhibit All and incorporated herein by reference thereto.
4. Pursuant to said written agreement, Defendant enrolled
and participated in a course of study at Knowledgesoft, Inc., a
Novell Certified Training Center, to achieve the status of Novell
Certified Network Engineer, for which Plaintiff paid to said
Knowledgesoft, Inc., the sum of $5,192.00 as tuition.
5. Defendant failed to complete successfully the certified
network engineer program and failed to attain the certified
network engineer status by March 26, 1998. He also failed to
complete said program by August 31, 1998, resulting from an
extension of time granted by Plaintiff.
6. Defendant was involuntarily terminated by action of the
Board of School Directors of Plaintiff's District for failing to
complete the required program and for not obtaining the required
certified network engineer status as required under the written
agreement aforesaid.
LAW OFFICES
SNEL9AKER.
BRENNEMAN
& SPARE
7. Under the foregoing circumstances and pursuant to the
written agreement aforesaid, Defendant is obligated and required
to pay Plaintiff the tuition paid as aforesaid.
8. Plaintiff has demanded of Defendant to pay the sum of
$5,192.00, which demand Defendant has failed and refused to
honor.
WHEREFORE, Plaintiff respectfully requests your Honorable
Court to enter judgment in favor of Plaintiff and against
Defendant for the sum of $5,192.00 plus interest thereon from May
20, 1998 and costs of this action.
SNELB BRENNEMAN, & SPARE, P.C.
By Richard C. Snelbaker
44 West Main Street
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff
1
VERIFICATION
I, Dawn Proctor, hereby verify and certify as follows: that
I am the Director of Human Resources of Cumberland Valley School
District, the Plaintiff; that I am authorized by said Plaintiff
to make this verification on its behalf; and that the facts set
forth in the foregoing Complaint are true and correct to the best
of my knowledge, information and belief. I understand that any
false statements in said Complaint are subject to the penalties
of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
Dawn Proctor
Dated: June • 2?, 1999
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
THIS AGREEMENT made and entered into this 23rd day of
September, 1996, by and between:
CUMBERLAND VALLEY SCHOOL DISTRICT, a public
school district, situated in Cumberland
676 tCarlisleyPike' Mechanicsburg, PA 17055,
party of the first part, hereinafter called
"District",
AND
JASON D. ISETT, an individual, party of the
second part, hereinafter called "Isett":
WITNESSETH:
WHEREAS, contemporaneously with the execution of this
agreement, District has employed Isett in the capacity of Network
Technology Administrator on the conditions (a) that such
employment is probationary for a period of eighteen (18) months
from the date hereof, (b) that Isett successfully attain status
of Novell Certified Network Engineer ("CNE") within eighteen (18)
months from the da_e hereof, and (c) that the parties enter into
this agreement; and
WHEREAS, the parties have negotiated an understanding
concerning Isett's attainment of CNE which they desire to
document by these presents;
NOW, THEREFORE, in consideration of these presents, Isett's
contemporaneous employment by District and the mutual terms,
conditions and understandings set forth herein, and intending to
be legally bound hereby, the parties mutually agree as follows:
-d(
EXHIBIT A
14.1 .1
1. The foregoing preamble and paragraphs are incorporated
herein by reference thereto as though set forth herein.
2. Isett agrees to pursue the status of CNE in addition to
performing his duties of his employment, said status to be attained
successfully no later than March 26, 1998 (hereinafter called "Date
of Attainment"). Isett shall have the responsibility of producing
satisfactory evidence of such CNE status.
3. District agrees to pay to a Novell Certified Training
center the tuition cost of the CNE program based upon invoices
from a Novell Certified Training Center not to exceed $6,000.00
as long as Isett remains employed by District.
4. Isett agrees that the training to be acquired in the CNE
program will enhance his network technology skills and knowledge
which, in turn, will improve his performance of his employment
duties. At the same time, both parties agree that District's
investment in Isett's training will enhance his employability
generally. In order to protect District's investment under
paragraph 3 above, Isett agrees to pay to District upon demand a
sum of money equal to the total of the amounts paid pursuant to
paragraph 3 upon the occurrence of any of the following events:
(a) Isett voluntarily ceases employment with
District at any time prior to the expiration of three
(3) years from the date of attaining CNE;
(b) Isett fails to complete successfully the CNE
program;
-2-
EXHIBIT A
(c) Isett fails to attain CNE by the Date of
Attainment; or
(d) Isett's employment is involuntarily
terminated for failure to maintain a satisfactory job
performance evaluation at any time prior to the
expiration of three (3) years from the date of
attaining CNE.
If Isett should fail to pay said amount as demanded, District
shall have the right to file an appropriate civil action against
Isett in the Court of Common Pleas of Cumberland County,
Pennsylvania, and Isett hereby agrees to the venue and
jurisdiction of said Court notwithstanding his residence outside
the County of Cumberland.
5. This document contains the entire agreement of the
parties. The terms hereof may be modified only by a written
document referencing this agreement and signed by both parties
hereto.
6. This agreement shall be interpreted, construed and
enforced under the law of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties have caused these presents
to be duly executed the day and year first written above.
CUMBERLAND VALLEY SCHOOL DISTRICT
By ER V ?/ I
Preside 9t, oard f chool
ATTEST: D' actor
Secretary
-3°
EXHIBIT A
WITNE59ED BY:
=61
meson D. Isett (SEAL)
-4-
EXHIBIT A
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CUMBERLAND VALLEY SCHOOL IN THE COURT OF COMMON PLEAS OF
DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
V.
NO. 99-3943 CIVIL TERM
JASON D. ISETT,
Defendant JURY TRIAL DEMANDED
NOTICE. TO PLEAD
To: Cumberland Valley School District, Plaintiff
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days from service hereof or a judgment may be entered against you.
By &e!
R. Mark Thomas, Esquire
Attorney for Defendant
CUMBERLAND VALLEY SCHOOL
DSTRICT,
Plaintiff
v.
JASON D. ISETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3943 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER
1. Admitted.
2. Admitted.
3. Admitted in part, Denied in part. Admitted that Plaintiff
hired Defendant, but denied that the written agreement is enforceable
under the circumstances under which it was signed by Defendant.
4. Admitted in part, Denied in part. It is admitted that the
written agreement stated that Plaintiff would pay for the training and
that Plaintiff did pay for it. To the extent that this averment
implies that Defendant is obligated to repay these sums to Plaintiff
is denied.
5. Admitted.
6. Admitted.
7. Denied. This allegation is a conclusion of law to which no
responsive pleading is required.
8. Admitted.
WHEREFORE, Defendant prays this Honorable Court will enter
judgment in favor of Defendant and against Plaintiff in this action.
NEW MATTER
9. Paragraphs one (1) through eight (8) are incorporated herein
as if set forth at length.
10. Prior to being employed by Plaintiff, Defendant held a
similar position as an employee of Elizabethtown College.
11. When Plaintiff offered, and Defendant accepted, the position
with Plaintiff, there was no mention of a written agreement requiring
Defendant to attend training and promising to reimburse Plaintiff for
costs of training if Defendant's employment with Plaintiff was
terminated.
12. Prior to September 23, 1996, Defendant terminated his
employment with Elizabethtown College due to his acceptance of
employment with Plaintiff.
13. On September 23, 1996, Defendant showed up for his first day
of work and was confronted with the written agreement attached as
Plaintiff's Exhibit "A".
19. Defendant was advised by Plaintiff for the first time that
he must sign the written agreement or he could not be employed by
Plaintiff.
15. Defendant would have been without employment had he not
signed the written agreement and therefore he had no alternative but
to sign it.
16. This written agreement is unenforceable under the
circumstances under which Defendant was compelled to sign it.
17. Defendant was not able to complete the training due to
Plaintiff's increase of Defendant's workload and the inability of
Defendant to attend the training while working for Plaintiff.
18. The demands of Plaintiff on Defendant prevented Defendant
from completing the training in the time frame demanded by Plaintiff.
WHEREFORE, Defendant prays this Honorable Court will enter
judgment in favor of Defendant and against Plaintiff in this action.
Respectfully Submitted,
R. Mark Thomas, Esquire
Attorney for Defendant
101 South Market Street
Mechanicsburg, PA 17055
(717)796-2100
IN 41301
VERIFICATION
I verify that the statements made in the foregoing document
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn falsification to authorities.
Date: Aoc- 1`i liq
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03943 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CUMBERLAND VALLEY SCHOOL DIST
VS.
ISETT JASON D
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT was served
upon ISETT JASON D the
defendant, at 13:47 HOURS, on the 30th day of June
1999 at 4513-D LINDEN AVENUE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to DAVID ISETT
a true and attested copy of the NOTICE AND COMPLAINT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answe?,??f
Docketing 18.00 7r r
Service 8.06
Affidavit .00
Surcharge 8.00 mas ine, eri
S0N LB/199J BRENNEMAN & SPARE
71
by
u i
Sworn and subscribed to before me
this IA* day of
19 (q \I? A.D.
-? ro not?r
CUMBERLAND VALLEY SCHOOL IN THE COURT OF COMMON PLEAS OF
DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
CIVIL ACTION - LAW
VS.
JASON D. ZSETT, NO. 99 - 3943 CIVIL TERM
JURY TRIAL DEMANDED
Defendant
REPLY TO NEW MATTER
AND NOW, comes Cumberland Valley School District, Plaintiff,
by its attorneys, Snelbaker, Brenneman & Spare, P.C., and
responds to Defendant's New Matter as follows:
9. Plaintiff denies all averments contained in Defendant's
Answer and incorporates herein all averments contained in its
Complaint in response thereto.
10. Admitted.
11. All of the averments in paragraph 11 are denied. On the
contrary, Plaintiff explained and Defendant knew that Plaintiff
was going to invest a substantial amount of money in bringing
Defendant's knowledge and skills to a level sufficient for
Defendant to perform the responsibilities he agreed to perform
and that Plaintiff was requiring reimbursement of the investment
if Defendant's employment terminated and that all relevant terms
would be embodied in a written contract.
12. After reasonable investigation, Plaintiff is without
knowledge or information sufficient to determine the truth of the
allegation as to when Defendant terminated his former employment;
jtherefore, said allegation is deemed to be denied and proof
thereof is demanded at the trial of this case. It is admitted
that Defendant at some point terminated his employment with
Elizabethtown College.
13. It is admitted that Defendant commenced employment on
September 23, 1996, and that he was required to sign the written
contract attached to the Complaint ("Exhibit A"). It is denied
that he was "confronted" with the written contract. On the
contrary, it is averred that he knew before reporting to work
that he would be required to enter into such contract and had
,agreed thereto.
14. It is admitted that execution of the written contract
was a condition of employment. It is denied that Defendant first
learned of the condition on September 23, 1996. On the contrary,
it is averred that Defendant knew of the requirement before
September 23, 1996, and had agreed to execute such an agreement
as a condition of employment.
15. It is again admitted that the execution of the written
contract was a condition of Defendant's employment. It is denied
that Plaintiff caused any dilemma for Defendant in requiring the
execution of the written contract. On the contrary, it is again
averred that Defendant knew of the requirement of the written
contract prior to September 23, 1996, and had agreed to execute
LAW OFFICES such an agreement as a condition of employment.
SNELUAKER,
BRENNEMAN
& SPARE
-2-
16. The content of paragraph 16 appears to be a conclusion
of law, to which no answer is required and the same is deemed to
e denied. In any event, the statement is too vague to require a
response since no basis is stated for the alleged
nenforceability of the written contract. It is denied that the
ritten contract is unenforceable for all the reasons set forth
hereinabove.
OFFICES
SNELBAKER. 17. All of the averments in paragraph 17 are
denied. On the
contrary, it is averred that Plaintiff arranged Defendants
schedule in order to complete all necessary training and even
extended the completion date as averred in the complaint, but
Defendant, for reasons exclusively of his own, failed to attain
the required status specified in the written contract.
18• All of the averments in paragraph 18 are denied, and all
of the averments contained in paragraph 17 hereinabove are
incorporated herein by reference thereto in further response. It
is further averred that the original completion date of March 26,
1998 was extended to August 31, 1998, with Defendant's
concurrence and assurance to Plaintiff that he could and would
complete the training within the extended time. Defendants
failure to complete the training was strictly Defendantfs
decision and in no way the result of any '-demands" by Plaintiff.
WHEREFORE, Plaintiff respectfully requests your Honorable
BRENNEMAN
& SPARE ..
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SNELBAKER.
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Court to enter judgment against Defendant in accordance
prayer of the complaint. with the
RE, P.C.
SNELBQg;;;
By
br
ire
44 West Mai
n Street Esau
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff
VERIFICATION
I, Dawn Proctor, hereby verify and certify as follows: that
am the Director of Human Resources of Cumberland Valley School
trict, the Plaintiff; that I am authorized by said Plaintiff
make this verification on its behalf; and that the facts set
th in the foregoing Reply to New Matter are true and correct
the best of my knowledge, information and belief. I
that any false statements in said Complaint are
(subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
Ifalsification to authorities.
Dawn Proctor
Dated: September 7 , 1999
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
CERTIFICATE OF SERVICE
I hereby certify that I am this date serving a true and
correct copy of the within Reply to New Matter upon the attorney
for the Defendant by sending the same by first-class mail,
postage paid, addressed as follows:
R. Mark Thomas, Esquire
101 South Market Street
Mechanicsburg, PA 17055
R1 C. Snelbaker, Esquire
Snelbaker, Brenneman & Spare, P.C.
Attorneys for Plaintiff
Dated: September g, 1999.
LAW OFFICES
SNELBAKER,
BRENNEMAN
a SPARE
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