PITTSBURGH – An organization promoting the teaching of Christianity through literacy has settled legal action with its former President and Director of Children’s Literacy Ministry, after claiming they did not return essential materials to the group after their termination.
Allegheny County Literacy Council, Inc., Christian Literacy Associates (CLA) of Wexford first filed suit in the Allegheny County Court of Common Pleas on Nov. 2 versus Chris Ebner and Jennie Ebner, of Butler.
“Dr. William Kofmehl, Jr. founded CLA in 1976. CLA’s mission is to engage in Christian ministry through the promotion of literacy. CLA has provided basic reading textbooks, tutor training, and consultation services for churches, parents, and ministries. At its height, CLA served hundreds to thousands of individuals per year and trained hundreds of literacy tutors to engage in the same type of work,” the suit stated.
“CLA worked with hundreds of illiterate and functionally-illiterate inmates at the Allegheny County jail, halfway houses, and drug rehab programs, and went on to train tutors to work in many other prison facilities. Dr. Kofmehl was given several awards for his work. Dr. Kofmehl is the father of Jennie Ebner and father-in-law of Chris Ebner.”
In or about December of 2013, CLA’s Board appointed Chris Ebner as President of CLA. Dr. Kofmehl remained CLA’s Board Chair, but retired from the daily operations of the organizations. Jennie Ebner worked as Director of Childrens’ Literacy Ministry during this same general period.
This past fall, the suit said it came light through examination of financial filings that CLA garnered very low revenue while the vast majority of funds raised were paid as compensation, with this compensation allegedly being inappropriately set unilaterally by the Ebners, without the consultation or consent of CLA’s Board.
“Plaintiff has also learned that in the end of 2019, defendants sent a fundraising appeal to the organization’s donors, friends, and family members, giving recipients a choice of donating to the organization or donating to Chris Ebner directly through the organization, providing the inappropriate impression that giving money to Chris Ebner would be tax-deductible,” the suit said.
“This document was sent out without the knowledge or consent of CLA’s Board Chair, and incorrectly indicated that the Ebners were not being paid for their services.”
As a result, Kofmehl terminated his daughter and son-in-law’s connection with the organization. Subsequent to their termination, the CLA said the Ebners have damaged their group and its mission by refusing to return its confidential material.
UPDATE
The Ebners answered the complaint on Nov. 12, also filing a counterclaim against the plaintiff.
“By way of further answer, the Board of Directors, of which Dr. Kofmehl was a member, regularly received financial reporting and had access to all of the financial information of the corporation at all times material hereto. As of 2020, Jennie Ebner’s annual compensation was to be $24,000 per year and Chris Ebner’s annual compensation was to be $36,000 per year,” the answer stated, in part.
“It is specifically denied that defendants’ compensation was set without oversight and approval by the Board of Directors or that it was inappropriate in any way. In fact, plaintiff regularly failed to pay all compensation due to defendants for many years and owes defendants earned by unpaid wages and other remuneration in excess of $241,000. Strict proof to the contrary is demanded.”
The Ebners further denied taking and failing to return any confidential material, and levied a counterclaim against the plaintiff organization under the Pennsylvania Wage Payment and Collection Law, and the Pennsylvania Minimum Wage Act of 1968.
However, plaintiff counsel filed a praecipe to settle, discontinue and end the litigation with prejudice on Dec. 8. Terms of the settlement were not disclosed.
Prior to settlement and for counts of declaratory judgment, misappropriation of trade secrets and conversion, the plaintiff was seeking:
• Damages in the form of an injunction ordering the Ebners to immediately return all CLA property in their possession to CLA;
• A declaration that the Ebners are no longer employed in any capacity by CLA and precluded from continuing to hold themselves out as being associated in any manner with CLA or utilizing CLA’s trade secrets and other property;
• An injunction ordering the Ebners to return all trade secret information to CLA and cease efforts to utilize the same for any purpose and;
• All other relief that the Court deems just and proper, plus a trial by jury.
The plaintiff was represented by Abigail Salisbury of Salisbury Legal, in Pittsburgh.
The defendant was represented by Michael E. Fiffik of Fiffik Law Group, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-011301
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com