HomeMy WebLinkAbout2005-6737 Civil
AMES TRUE TEMPER, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CONN-SELMER, INC.,
STEINW A Y MUSICAL
INSTRUMENTS, INC., JOHN M.
STONER, JR. and JUDY A.
SCHUCHART
NO. 2005 - 6737 CIVIL TERM
CIVIL ACTION - LAW
IN RE: OPINION PURSUANT TO Pa. RA.P. 1925
Guido, J., September
, 2006
Plaintiff commenced this action by complaint filed on December 27, 2005.
Defendants filed numerous preliminary objections which were briefed and argued by the
parties. By order dated May 22, 2006 we granted some and overruled the remainder of
those preliminary objections. Defendants have filed this timely appeal in which they
allege that we erred in failing to sustain their preliminary objection to Counts III, V, VI,
VII and VIII of the complaint on the grounds that the claims set forth therein are subject
b. 1
to an agreement to ar ltrate.
The defendants rely upon specific provisions of plaintiff s employment
agreements with defendants Stoner and Schuchart. Each agreement contains identical
language which requires arbitration of any claim or controversy "arising out of or
relating to any provision" of the employment agreement.2 (emphasis added). The
causes of action alleged in Count III (Intentional Interference with Contractual
Relations), Count V (Tortious Interference with Employer's Business); Count VI (Breach
1 See Concise Statement of Matters Complained of on Appeal.
2 See Exhibit 1 to the complaint, paragraph 20 and Exhibit 3 to the complaint, paragraph 18.
of Fiduciary Duty), Count VII (Aiding and Abetting Breach of Fiduciary Duty) and
Count VIII (Conspiracy Tort) are not founded upon (nor are they alleged to have arisen
from) any provision of the employment agreements. Therefore, they are not subject to
the arbitration provisions of those agreements.
DATE
Edward E. Guido, J.
Michael L. Banks, Esquire
Michael E. Dash, Jr., Esquire
David C. Franceski, Jr., Esquire
Thomas W. Dymek, Esquire
Court Administrator
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