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JOHNSON, DUFFIE, STEWART & WEIDNER
By: David W. DeLuce
I.D. No. 41687
By: John R. Ninosky
I.D. No. 78000
By: Elizabeth D. Snover
I.D. No. 200997
301 Market Street, P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
UNIVERSAL MEDIA, INC. and
UNIVERSAL ANALYTICS, INC.,
Plaintiffs
v.
GARY MATHEW and JL MEDIA, INC.
d/b/a TPS TOTAL PRINT SERVICES,
Defendants
NOTICE TO DEFEND
CIVIL ACTION -LAW
INJUNCTIVE RELIEF AND
DAMAGES REQUESTED
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 personalty 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.
Cumberland County Bar Association
Lawyer Referral and Information Service
32 South Bedford St.
Carlisle, PA 17013
Telephone (717) 249-3166
Toll Free (800) 990-9108
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COOUNTY, PENN YLVANIA
NO. 1 ~" ~~ -tll
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AV/SO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mks adelante en las siguientes pfiginas, debe tomar action dentro
de los pr6ximos veinte (20) digs despues de la notificacibn de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya.
Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso
puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o
cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros
derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
Cumberland County Bar Association
Lawyer Referral and Information Service
32 South Bedford St.
Carlisle, PA 17013
Telephone (717) 249-3166
Toll Free: (800) 990-9108
JOHNSON, DUFFIE, STEWART 8o WEIDNER
By: David W. DeLuce
I.D. No. 41687
By: John R. Ninosky
I.D. No. 78000
By: Elizabeth D. Snover
I.D. No. 200997
301 Market Street, P.O. Box 109
Lemoyne, PA 17043-0109
(717)761-4540
Attorneys for Plaintiffs
UNIVERSAL MEDIA, INC. and
UNIVERSAL ANALYTICS, INC.,
Plaintiffs
v.
GARY MATHEW and JL MEDIA, INC.
d/b/a TPS TOTAL PRINT SERVICES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION -LAW
INJUNCTIVE RELIEF AND
DAMAGES REQUESTED
COMPLAINT
AND NOW, come the Plaintiffs, Universal Media, Inc. and Universal Analytics, Inc., by
and through their attorneys, Johnson, Duffle, Stewart & Weidner, P.C. and file this Complaint
against Gary Mathew and JL Media, Inc. d/b/a TPS Total Print Services as follows:
1. Plaintiffs herein are Universal Media, Inc. and Universal Analytics, Inc.
(hereinafter sometimes collectively referred as "Universal Media Companies"), and are for-profit
corporations organized and existing under the laws of the Commonwealth of Pennsylvania, with
a principal place of business at 4999 Louisa Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. This action involves an action for damages and injunctive/equitable relief against
a former employee of the Universal Media Companies, Gary Mathew, a Defendant herein.
3. Gary Mathew (hereinafter "Mathew") is an adult individual, who is believed to
have a residence at 10 North Front Street, Apartment 302, Lemoyne, Cumberland County,
Pennsylvania 17043.
4. J!_ Media, Inc. d/b/a TPS Total Print Services is a New Jersey company having a
principal place of business at 1600 Route 22 East, Union, New Jersey 07083, and is an
indispensible party to this matter.
5. Universal Media, Inc. hired Mathew to do print media work for Universal Media, a
national media and marketing company.
6. Universal Media, Inc., by and through its owners, created Universal Analytics,
Inc., a company specializing an analytic work related to marketing, advertising, and media.
7. As part of his employment, Mathew also performed work for Universal Analytics,
Inc.
8. During the course of Mathew's employment, he was privy to various trade
secrets of the Universal Media Companies including but not limited to: customer lists and
contacts, customer data and costs, customer contracts and terms, and the methods, processes
and analysis designed to provide value added services to customers.
9. Mathew was tasked by the Universal Media Companies to review existing
customer accounts to determine value added or cost savings that might be realized for
Universal Media Companies' existing customers.
10. On or about November 12, 2012, Mathew engaged in conduct which was
contrary to corporate policy and code of ethics.
11. Immediately upon learning of this conduct and ensuring that the consequences of
this conduct was completely abated, Mr. Young terminated Mathew for cause citing breaches of
company policy and ethical standards.
12. Once Mathew was terminated from the Universal Media Companies, he
immediately began to contact many print media customers of Universal Media and Universal
2
Analytics in an effort to pitch his services to undercut their costs and to interfere with the existing
contracts of the Universal Media Companies and its customers.
13. .For example, it is known that Mathew has contacted at least three customers of
the Universal Media Companies and utilized trade secret information obtained by Mathew in his
work for Universal Media Companies in an attempt to have these customers break their
contracts with Universal Media Companies and move their business to an entity created by
Mathew, TPS Total Print Services, a division of JL Media, Inc.
14. There is also the potential for Mathew to directly or indirectly contact other
Universal Media Companies' customers in an attempt to either take business away from the
Universal Media Companies and steer that business to TPS Total Print Services or simply
disparage the Universal Media Companies in an attempt to have these customers cease doing
business with Universal Media, Inc. and Universal Analytics, Inc.
15. Moreover, it is known that Mathew has made misrepresentations to these and
other Universal Media Companies' customers in an attempt to have these customers break their
contracts with Universal Media Companies and move their business to an entity created by
Mathew, TPS Total Print Services, a division of JL Media, Inc.
16. These misrepresentations include that Mathew voluntarily left the employ of
Universal Media Companies, that Mathew founded and began the print media and/or analytics
work at Universal Media Companies and is the owner of these trade secrets, and that Mathew
had been working in print media for his entire professional career.
17. Mathew pitched these customers of Universal Media Companies using trade
secrets such as the customer's current and projected costs of print media and advertising,
contact information for decision makers and Universal Media Companies' contacts with these
3
customers, and offering information, processes and services developed by and unique to the
Universal Media Companies.
18. Mathew's actions are improper and amount to both a willful and malicious
violation of the Pennsylvania Uniform Trade Secrets Act, 12 Pa.C.S.A. § 5301 et seq. and
tortious interference with contractual relations.
19. It is believed and averred that the only reason that JL Media, Inc. worked jointly
with Mathew to form and fund TPS Total Print Services, a Division of JL Media, is because
Mathew told JL Media that it would use the trade secrets he learned while employed at
Universal Media Companies to steal away their customers and offer the same unique services
he learned about while employed at Universal Media Companies at a lower cost.
20. JL Media has permitted, encouraged, and/or acquiesced in the misappropriation
of Universal Media Companies' trade secrets by its employee Mathew.
21. JL Media has permitted, encouraged, and/or acquiesced in Mathew's tortious
interference with the contractual relations of Universal Media Companies and Mathew's
misrepresentations to Universal Media Companies.
COUNT I -
MISAPPROPRIATION OF TRADE SECRETS IN VIOLATION OF THE
PENNSYLVANIA UNIFORM TRADE SECRET ACT, 12 PA.C.S.A. §5301
UNIVERSAL MEDIA INC. and UNIVERSAL ANALYTICS INC. v.
GARY MATHEW AND JL MEDIA INC. d/b/a TPS TOTAL PRINT SERVICES
22. Plaintiffs, Universal Media Companies, incorporate the averments of paragraphs
1 through 21 as if the same were set forth herein at length.
23. The conduct of Gary Mathew as described above consistitutes willful and
malicious misappropriation of Plaintiffs' trade secrets and proprietary information in violation of
4
the Pennsylvania Uniform Trade Secrets Act, 42 Pa.C.S.A. §5301 et seq., and as specifically
defined in 42 Pa.C.S.A. § 5302.
24. The proprietary information misappropriated by Mathew includes the following:
customer lists of Plaintiffs; customer contact information of Plaintiffs; contract terms and
conditions between Plaintiffs and its customers; current and projected costs of Plaintiffs'
customers; analytical information developed by Plaintiffs on behalf of its customers; unique
analytical processes and business operations developed by Plaintiffs and used for the benefit of
its customers; and market data and information developed by Plaintiffs and used for the benefit
of its customers.
25. This proprietary information constitutes trade secrets as defined by 12 Pa.C.S.A.
§ 5302.
26. Plaintiffs have contacted Gary Mathew and his employer JL Media, Inc.
demanding that they each cease and desist from this misappropriation and cease and desist
any contact with current customers of Plaintiffs via letter dated January 31, 2013.
27. Gary Mathew and JL Media, Inc. have not responded to this demand.
28. Gary Mathew's contact, via direct or indirect means, with Plaintiffs' current
customers is not authorized nor is Gary Mathew authorized to utilize the confidential and
protected trade secret proprietary information of Plaintiffs.
29. Mathew acquired the trade secret and proprietary information of Plaintiffs through
his employment and owed and continues to owe a duty to Plaintiffs to keep this information
secret and limit its use.
30. Mathew acquired the trade secret and proprietary information of Plaintiffs through
his employment, and the circumstances of his employment with Plaintiffs gave rise to a duty to
maintain the secrecy and limit the use of such information.
5
31. JL Media has permitted, encouraged, and/or acquiesced in the misappropriation
of Universal Media Companies' trade secrets by its employee Mathew.
32. Plaintiffs will be irreparably harmed by Mathew's continued and prospective
misappropriation of trade secrets through: loss of customer contracts; loss of employees
caused by Toss of customer accounts; loss of revenue; and loss of business reputation.
WHEREFORE, Universal Media, Inc. and Universal Analytics, Inc. demand:
1. judgment in their favor;
2. a finding that Gary Mathew and JL Media, Inc. d/b/a TPS Total Print Services
willfully and maliciously misappropriated trade secrets of the Plaintiffs,
3. an award of compensatory damages, exemplary damages (pursuant to 12
Pa.C.S.A. § 5304) and attorneys' fees and costs (pursuant to 12 Pa. C.S.A.
§5305); and
4. any other relief this Court deems appropriate.
COUNT II -
TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS
UNIVERSAL MEDIA INC. and UNIVERSAL ANALYTICS INC. v.
GARY MATHEW AND JL MEDIA INC. d/b/a TPS TOTAL PRINT SERVICES
33. Plaintiffs, Universal Media Companies, incorporate the averments of paragraphs
1 through 32 as if the same were set forth herein at length.
34. Plaintiffs maintain long term contractual relationships with its customers.
35. These contracts typically have Plaintiffs performing services for its customers
over a span of many years in the future and are based upon longstanding relationships of
mutual trust and outstanding performance of media related services by Plaintiffs for its
customers.
6
36. Customer contacts and the business reputation of Plaintiffs are vital to the
continued success of Plaintiffs' operations.
37. Mathew was terminated for cause as a result of his improper and dishonest
behavior.
38. Since his termination, Mathew has contacted many of Plaintiffs' current
customers and made misrepresentations to Plaintiffs' customers in an effort to have these
customers terminate their contractual relationships with Plaintiffs.
39. Mathew's misrepresentations include: his professional print media experience;
his job duties with Plaintiffs; his roll in the creation of Universal Analytics, Inc.; and the
expansion of Universal Media's print media clientele.
40. Mathew has and will prospectively use these and other misrepresentations about
himself and Plaintiffs in an effort to induce Plaintiffs' current customers from terminating their
contractual relationships with Plaintiffs.
41. It is believed, and therefore averred, that Mathew has or will contact other
customers of Plaintiffs and use misrepresentations and/or trade secret information to cause
these customers to terminate their current contractual relations with Plaintiffs to refuse to retain
Plaintiffs for future and prospective contractual relationships.
42. As pled, Plaintiffs' current contractual relationships are based upon historical
working and business relationships based upon trust and Plaintiffs' business reputation and
integrity.
43. Mathew's misrepresentations and misappropriation will affect those customer
relationships and will result in customers terminating their current contractual relations with
Plaintiffs refusing to retain Plaintiffs for future and prospective contractual relationships.
44. Mathew's conduct is wrongful, tortious, not privileged, and intentional.
7
45. Mathew's conduct is done in an effort to retaliate against and damage the
business reputation of Plaintiffs.
46. JL Media has permitted, encouraged, and/or acquiesced in Mathew's tortious
interference with the contractual relations of Universal Media Companies and Mathew's
misrepresentations to Universal Media Companies.
47. All contact from Mathew to Plaintiffs' current customers has been done under JL
Media letterhead, through JL Media a-mail, and by utilizing JL Media resources with the
direction and consent of JL Media.
48. This tortious interference was done in the scope of Mathew's employment with JL
Media.
WHEREFORE, Plaintiffs, Universal Media, Inc. and Universal Analytics, Inc., demand
judgment in their favor and an award of compensatory damages, punitive damages and any
other relief this Court deems appropriate.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
~ /,1 ~ /~
By: L
David . DeLuce, Esquire
Attor I.D. No. 41687
John . Ninosky, Esquire
Attorney I . D. No. 78000
Elizabeth D. Snover, Esquire
Attorney I.D. No. 200997
301 Market Street ~ P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Universal Media, Inc. and
Universal Analytics, Inc.
Date: February 11, 2013
8
VERIFICATION
I, Donald Young, President of Universal Media, Inc. and Universal Analytics, Inc. verify
that the statements made in the foregoing Complaint are true and correct to the best of my
knowledge, information and belief. I understand that false statements made herein are subject to
the penalties of 18 Pa.C.S. §4904 relating to un~sworn falsification to authorities.
Donald Young,
Dated: ~ /~ / 3