HomeMy WebLinkAbout96-02785
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6.
Defendant, ,
DavId L.
Sizer, signed an employment
confidentiality and non-competition agreement. A true and correct
copy of this agreement is attached hereto and marked as Exhibit
!lAII.
7. Defendant, Dawn Marie Robertson Sizer, worked for
Plaintiff until she voluntary resigned.
8. Defendant, Dawn Marie Robertson Sizer, signed an
employment, confidentiality and non-competition agreement. A true
and correct copy of this agreement is attached hereto and marked as
Exhibit "B".
9. Defendant, David B. Goudzwaard, worked as a Technician
for Plaintiff until he resigned without notice.
10. Defendant, David B. Goudzwaard, signed an employment
confidentiality and non,.competition agreement. A true and correct
copy of this agreement is attached hereto and marked as Exhibit
"C".
11. Defendant,
Lori
Goudzwaard,
signed an employment
confidentiality and non-competition agreement. A true and correct
copy of this agreement is attached hereto and marked as Exhibit
110".
12. Paragraph 4 of the employment confidentiality and non-
competition agreement states:
For a period of (3) three years after termination or
cessation of Employee's emplpyment for any reason,
Employee shall not, on his own behalf or on behalf of any
other person or entity, either hire, solicit or seek to
hire any employee of employer or any other manner attempt
to induce any employee of employer to leave the
employment of employer, nor shall I use or disclose to
any person or entity any information concerning the
employees of employer.
13. Pursuant to Paragraph 5 of the employment confidentiality
and non-competition agreement, former employees are forbidden, for
a period of seven (7) year, from:
directly or indirectly engage in the business of: (a) retail
sales of computer related products; or (b) the design,
manufacture, or sale of computer software; or (c) any other
business that provides the same or similar services or
products as those provided by Employer at the time of
termination; either:
(i) Within any state in which Employer now conducts or
may at the time of termination conduct business or in
which Employer had previously conducted business at the
time of termination of Employee's employment; or
(ii) To any person who was a customer of Employer or is
or. was a customer of Employer at any time during the term
of Employee's employment with Employer.
14. Prior to leaving Plaintiff's employ, Defendants herein
conspired to form their own business.
15. Upon leaving Plaintiff's employ, Defendants he~ein took
materials from Plaintiff's business to assist in the formation of
their new business.
16. Defendants have formed and are currently employed by a
new business enterprise currently doing business under the name Net
Link.
17. Net Link is currently in direct competition with
Plaintiff's business since it specializes in LAN/WAN computer
networking P.C.
~OUN'1' I - PRBLIMINARY AND PERMANlNT INJUNCTION
18. The averments of paragraphs 1 through 17 are incorporated
hereby as if set forth fully and at length.
19. The employment agreements signed by all the parties
hereto permit injunctive relief in the event of breach.
20. The employment agreements signed by all the parties
hereto provide for the award of attorneys' fees and costa in all
successful actions to enforce the terms of said agreement.
21. Defendants herein have, in violation of their employment
agreements, formed a business which is in direct competition with
Plaintiff.
22. Defendants herein have, in violation of their employment
agreements, together hired or solicited other employees of
Plaintiff to work for their new business enterprise.
23. Defendants herein have all violated the terms and
conditions of their Employment Agreements.
24. Due to such violations, Plaintiff has suffered and
continues to suffer damages as a result of Defendants' actions in
depleting Plaint.iff' s work force and in taking a portion of
Plaintiff's potential client base.
WHBRBFORB, Plaintiff respectfully requests this Honorable
Court to issue, preliminary and permanent injunctive relief against
all four defendants:
1. Prohibiting Defendants from competing in business with
Plaintiff.
2. Prohibiting Defendants from hiring and attempting to hire
empluyees of Plaintiff.
3. Requiring all four defendants to make an accounting to
Plaintiff of any profits which they have made in
violation of their contractual agreements with Plaintiff.
A~~-26-96 FRI 16Ze4 CCS
P.24
.
Employer), u.., disclose, or disseminate to any other penon or other entity,
lecture upon, publish article. concernin;, or otherwi.e exploit .n~ .uch
Proprietary Information. All files, .pecitications, drawin;., blueprint.,
reproductions, records, documents, information, data, and similar item.
relatinq to the business and products of Employer, whether or not prepared or
compiled by Employee, .hall remain the exclusive property ot Employer and
shall not: be removed from the premiseI of Employer except in the ordinary
course ot business during the period of Employee' . active employment, and
,hall be promptly delivered to Employer upon termination of hi. employment.
7. ni"~nv.riliR~ .-nn jnv"nt'i.on~t A..i.anmAn~ A9.,...m.n~.
(a) If, durinq his employment or within seven (7) years after
termination for any reason ot hil employment with Employer, Employ.e
conceive. or makes any discovery, invention, or improvement that: relates to
the busine'l or products of Employer (whethor or not such discovery,
invention, or improvement is conceived or made alone or with others, at the
request or suqqestion of Employer, durinq reqular work hours or otherwise or
in or outaide of the facilities of Employer), the Employee' 8 dqhtl in such
di.covlry, invention, or improvement shall be the exclusive property of
Employer.
(b) Employ.. hereby auiqns to Employer his full and exclusive dqht to
any .uch dilCovery, invention, o~ improvement and, if .uch discovery,
5
APR-26-96 ~RI 16:e. CC&
p.2e
,
invention, or improvement be patentable or c:opyriqht~ble to any application
for copyrightl or letter. patent that may be filed on and copyriqhtl or
letters patent that may be obtained or issued on such discovery, invention,
or imptovement. ~rnployee shall execute all documents and instruments
Employer deems nece..ary or desirable to velt title to such discovery,
invention, or improvement. Employee shall execute all documents and
in.trumentl Employer deem. nece.sary or desirable to ve.t title to such
discovery, invention, or improvement in Employer or itl nominee and .hall
cooperote in all respects with Employer in prosecuting applicationl for
copyrigh ts or let ten pa tent on any such discovery, inven tion, or improvement
and procurinq and maintaining copyr1qhta and patents and in obtaining or
reqisterinq any trademarks or service marks that Employee may so originate.
8. S.v.rllbi li~y.
(a) Each agreement set forth herein constitute. a aeparate agreement
independently supported. by good and adequate consideration and each such
aqre.ment shall be severable from the other provision of this Aqreement. The
exilt.nce of any claim or caus. of action of Employee aqainlt Employer,
whether predicated on this Agreement or otherwise, shall not constitute a
delense to the enforcement of the covenant. and aqr..ments of Employ.e
contained herein.
(b) All provisions of thi.s Agreement are intended to be enforced to the
6
APR-26-96 ~RI 161ee CCS
P.26
,
fl.llleet extent permitted by law. Shol.lld a court ot competent jurisdiction
determine that the scope of any provilion is too broad to be enforced as
written, the puties intend that the court should reform the provilion to euoh
narrower .cope as it determinee to be entorceable. If any provilion of thb
Aqreement 11 held to be illeq61, invalid, or unenforceable under present or
future law, luch provision shall be fully severable, and this Agreement shall
be construed and enforced as if such severed provision were nlver a part
hereot 1 the remaininq provisions of this At,Jreement shall remain in full force
and effect and Ihall not be af!ectad by such severance.
9. RAmAdi ,.... Employee acknowledgll and aques that the ascertainment
of damaqe. in the event of hi. breach of any provision of this Aqreement would
be difficl.llt, and Employee aqre.. that, in addition to all other remedies,
injunctive relief shall be available aq.inst Employee if there il such &
breach.
10. NoH~I'!", Any notice, consent, demand, requett, approval or other
communication to be qiven hereunder by any part to another shall be deemed to
have been duly qiven in writinq and personally delivered or sent by mail,
re<j/istered or certified; po. tag. prepaid with return receipt requested, a.
follows:
If to Employer:
Complete Computer Solutions, Inc.
225 South 19th Street
Camp Hill, PI. 17011
7
AP~-26-~6 FAI 161e6 CCS
P.2..,.
,
If to Employ.e :
Hind-delivered notic.. shall be deemed communicated uper: tlceipt; mailed
notices shall be deemed communicated four day' after mailing. Any party may
chanqe the address to which notices ahould be aent by giving notice as
provided in this section.
ll. ~ndi fi ~a.t'i <'\Q. No chanqe or modification ot thi. Aqreement ,hall be
valid or bindinq upon the parti.. hereto, nor shall any waiver of any term or
condition in the future be &0 bindinq, unleuauch chanq. or modification or
waiver is inwritinq and signed by the parties hento; pxovided, however, that
thil Aqreement will terminate if the Asset Purch... Agreement is rlllScinded,
which termination shall be effective the date of such rescission.
12. !;n~p,,'\.!IiM nf T""'l'm, The running of the time periods applicable to
Iny covenant not to compete contained herein shall be suspended during the
period of any violation by Employee of such covenant.
13. 1l.ppliclILhl", LAW. Vl!!nue And .Tu'l'hdiction. The laws of the State of
Pennsylvania shall qovern this Agoraement, its terms and condi tion., and the
riqht. and obligations ot the parties hereto. Any action at law or in equity
brouqht to interpret or enforce this Agreement shall be brought and
prosecuted to final adjudication in federalandPenn.ylvanial tatecourteand
the parties hereto hereby conunt to the juriadiction of these courts and
8
",~..-:z.-.. Fill I 1.. ,. CCIB
P.ll5
Imployer), use, disclose, or di..eminate to any othn penon or other entity,
lecture upon, publ1sh articl.s concerninq, or otherwise exploit any luch
Proprietary Information. All fUes, .pecUications, dnwinql, blueprint.,
reproductions, recordl, documents, information, data, lnei aimilar item.
relating to the business and pr.oducts of Employn, whether or not prepared or
compiled by Employu, shall remain the exclusive property of Employer and
shall not be removed from the premilea of !qlloyer except in the orc!inary
course of blllines. dur1ng the perioc1 of Employee's active employment, and
Ihall be promptly delivered to Employe: upon termination of hil employment.
7. rH_,u'!nv~'l"iIllA and tnuAnt.4.ontl! l.Muli.9n",.nt- Aq"'I2l~1'I'I."".
(a) It, c!.urinq hil employment or within seven (7) years aftn
termination for any reason of hi, employment with Employer, Employee
conc.iv.. or makes any discovery, invention, or improvement that relate. to
the bu.ines. or product. of Employ.r (whether or not such discovery,
invenUon, or improvament i. conceived or made alone or with othera, at the
requee t or ,uQqution of Employer, durinq regular work. hOUri or otherwise or
1n or outside of the tacil1tie, of Employer), the Employ.." :right. 1n such
discovery, invention, or improvement Ihall be the exclusive property of
Employer.
(b) Employee hereby ...1gns to Employer hi.a full and exclulive riqht to
any .uch discovery, invention, or improvement and, if such dilcovery,
5
"'PR-26-'96 f"'RI ~., -J'9 CCIII
1".16
invention, or improvement be patentable or cOPyri9htable to any application
for oopyright. or letter. patent that may be file~ on an~ copyright. or
letten patent that may be obtaine~ or illued on such ~ilcovery, invention,
or improvement. Employee .hall execute all documents and in.trumenta
E~loyer ~eems necessary or desirable to veat title to such discovery,
invention, or improvement. Employee shall execute all document. and
instruments Employer deems necessary or de.1rable to ve.t title to ,uch
discovery, invention, or improvement in Employer or itl nominee and .hall
cooperate in all respect. with Employer in prosecuting application, tor
copyriqhtlorletterspatentonanysuchdi.covery, invantion,orimprovement
and procurinq and maintaining copyrilihtl and patenta and in obtainin9 or
regilterinq any trademarka or service marka th.t Employee may 10 originate.
8. SAv.~~h;1;ry,
(.) Each agnement set forth henin constitutes a lepaute agreement
independently supported by good and adequate consideration and each auch
aqreement ahall ba IIvanble trom the other providon of thi. Aqreement. The
exi.tence of any claim or cauae of action of Employee ag.inlt Employer,
whether pndicated on thh Aqreement or otherwile, Ihall not constitute a
defen.e to the enforcemont of the covenanta and agreementl of Employee
contained herein.
(b) All provision. of thie Agreement are intended to I:lI enforced to the
Ii
AP'~-;Z.-'96 FIRI 161elll CC&
P.18
.
If to Employee I
Hand-clelive:ced notice, sh.ll be deemed COlMlunicated upon receipt, mliled
noUc.. ,11111 be d.emed cOlMlunicated four day. aftu lI\Iiling. Any party may
change the .ddres. to which notice, should be sent by giving notice "
provided in thll section.
11. Mnlll'l ~",r!nn. No change or mocHfication of this Agreement .hall ~
vaUd or binding upon the parti.. hereto, nor Ihall any waiver of any term or
condition in the future be .0 binding, unle.. .uch change or modific.tion or
waiver is in wri tinq and d.qnedtly the partie. hereto, provided, however, that
thi. Agreement will terminate 11 the A..et furchl.. Agreement 11 reac1nded,
which termination shall be effective the date of such r.,cillion.
12. llnApl'!n!lion of Tl'!rm, The running of the time period. applicable to
any covenant not to cOlll5"GtI contained herein Ihall be I\lspended during the
periOd of any violation by Employ.. of such covenant.
13. ~pp'it'!Ah'A t.aw. VAn"A anti LTn!"1~ttit'!~tnn. The law. of the State ot
fennsyLvania 'hallgove:rn this Aqrllment, it' term, and concUUon" and. the
d9ht. and obl.l.gatio", ot the parUe, hereto. Any .cUon at law or in equity
bro\lqht to interpret or enforc, this Agreement .haLl be brought and
prosecuted to finaladj udic.tion in lederaland Pennsylvania ,tl ee court. Ind
the parti.. hereto hereby consent to the jurisdiction of the,e courU Ind
8
APR-26-~. F~I 16:44 CCS
P.1lI6
".
.,
Employer) ,1.1.., elisclon, or disseminate to cny other penon or other entity,
lecture upon, publish articles concerning, or otherwise exploit any such
Proprietary Information. All files, specifications, drawings, blueprint.,
reproductions, ~eccrdl, documents, information, data, and similar item.
relating to the business and product. of Employer, whether or not prepared or
compiled by Employee, shall remain the exclusive property of Employer and
shall not be :removed from the premiSes of Employer except in the ordinary
course of business eluring the period of Employee's active employment, and
Ihall be pI:omptly delivered to Employer upon termination of his employment.
7. n~ 'H'!~VAri A~ ;lnd. TnvAnt; nnR ~ A.A.iqnm.n~ A.;r.AmAnt.
(a) If, during hil employment or within seven (7) years atter
termination for any realon of his employment with Employer, Employe.
conceive. or makes any discovery, invention, or improvement that relatee to
the bUlinesl or product. of Employer (whether or not such discovery,
invention, or improvement is conceived or made alone or with other., at the
request or suggestion of Employer, during regular work hours or otherwise or
in or outside of the tacHi ties of Employer), the Employee's rights in luch
discovery, invention, or improvement shall be the exclusive property of
Employer.
(b) imployee hereby assign. to Employer hh full and exclusive right to
any luch discovery, invention, or improvement and, if such discovery,
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A ,. lit - :2 9 -'9 .. ~ 0 H 1 1 Ie.. c c s
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2. C~~pft~~Ation. Ouring the term of thil Agreement, Employe. Ihall
receive .. compenut1on tor hh services an hourly wac;e startinq at
. , which shall be payable in inlullmentl b1-weekl.y.
3. 'T'..rl'l't;r',,-"nn,
(a) Either Employee or Employer may terminate the employment of
Employee h.UIJnrier at Iny Um., at wUl an4 without caUl., by g1ving to the
othex party 7 daYI' prior written notice of the dste of termination of luch
employment.
(b) Employer may at any time terminate the employment of Employ.e for
"just cause" which, for purpose. hereof, Ihall be defined II followl:
(i) The failure of !IlIploy.e to d.vote his but
efforts to the performance of hil dutie. under th11
Agreement.;
11i) Any <ii,nontlt let or course of conduct by
Employe., or fraudulent or other act or course of
conduct by Employ.e which either conlt1tut.. a felony,
.. c!etermined by I court of competent juri.diction or
qund :jury indi.ctment, or intentionally and ille/Jllly
re.ult. in gain or personal enrichment of Employee at
the expense of Employer;
IHi) The willflll or negliq.nt cOmll\ission by
Imployee of any act, or and omillion by Employ.e to act
that m~ttnally injuru the bll.inus or reputation
of Employer; or
11v) MY other act or coune of conduct by ,
Employee that conltitutes a material breach of any of
the t.rms of, or the f&UUl'l of Employee to
lubltantially perform or comply with any covenant
contained in this "(,Ir..ment, or a failure to follow
2
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......11I-2'-'. 'MO~ 11
n 1157 CCS
....llJ.
.
xea.onable an~ lawful in.truction. of the Board of
Directors of Employer.
l~) U Employer terminate. the employment of Employee fox ju.t cau.e or
without ju.t cause, or if Employe. VOluntarily t.erminate. hi. employment, no
further ..lary ,hall be due !lI\Ployee under Section 2 above.
ld) No termination of employment: of Employee, whether voluntary or
involuntaxy and whether with or without just cau.e, shall terminate, affect,
or impaix any of the obligations ox riqht. of the partie. .et foxth in
Section. .. ..to ~"q. of thi. Mreement, all of which obliqation. and dght.
.hall .urvive any termination of ellPloyment of EmpLoyee hexeundu.
... !:/'lHt!itaH/'l1\ /'lof. Fmt'l/'ly...."'. Fox a period of three years aftex the
texmination or cessation of Employee" empLoyment fox any :reason, Employ.e
sllall not, on his own behalf ox on behaLf of any othex penon ox entity, either
hixe, lolicit, or seek to hire any employee of Employex or in any othex mannu
attempt to in~uce any e8.Ployee of Employer to leave the employment of
Employer, nor shall he u.e lOr di.cLo.e to any penon ox entity any info:z:mation
concuninq any employees of EmpLoyu.
~. Nnn~nmpA~iri~n aq~_.m~n~1
for a period of seven year, from the
,
Effective Dati, an~ notw1thstandinq Employee' I te:z:mination .. an employee
of Employu (whethex luch termination",1I voluntary or inv01Unlary, ox with
or without :lust cause or pursuant to the employment te:Z:llI of thb Aqr.elllent),
Employ,e will not ~irectly or indirectly en9&9' in the bu.1n... of: (e)
3
AP~-29~9~ ~OH 11.e7 CCS
P.07
.
ntail ..le. of computer related products; or (b) the deti9n, lIl.nufacture,
or aale of computer software; or (c) any other bUline.. that provide. the lame
or .illl11&% .uvicu or products .. those provided by Employer at the tillle of
termination; 'lth~r:
U.) Within any .tate 1n which Employer now conducts
or JUY at the time of termination conduct bUl1ne.. or 1n
which Employer had previouslY conducted buline.. at the
time of terminlltion of Employee' II employment; or
(ii) To any person who was a cUltomer of Employer or il
or was a customer of Employer at any time c1udnq the term
of Employee" employment with Employer.
For: pl.l:r:poaea of this Agreement, the term ft indinctlyft includes any budne..
or entity in which Employ.e either owns or possen.. mon than al0t interest
1n pr:ofitl, loss.., or: capital, or 1. an officer, d1r:ector, partner, or
employe., or for which the Employ.. acta .. agent or :representative, or to
which Illlployee provides consul tin9 or advisory aervices.
5. Cnp't~9n~i.lity. For purpo.es of this Agreement, .Proprietary
InformaUon" means confidential information and trade secret. of or relatin9
to the business and. products or tmpleYlJr, includinq Icientific, enqine.dnq
and technical information, ncords, cUltem computer software, aal..
procedures,cllstomerrequirements,pricingandbiddingtec:nnique.,CUltomer
111U, eraployees' ncord. and cOlllJlenution, method.s of doing ~.ineSl and
other confidential. information. Employee aqr..1 that he will not, eUhel:
d1nctly or indirectly (except II required in the couu. of hh .mploymentby
4
",.,.-:29-9. MO.... 11.15B CCS
P.".
.'
Employer), use, disclosa, or diueminate to any other person or other antity,
lacture upon, publish uticles concerning, or otherwin exploit. any luen
Proprieta:ry Information. All filu, specifications, drawings, blueprint.l,
reproductions, records, documents, information, data, and limilar item.
xelatin9 to the bUlinen and produetl of Eznployer, whether or not prepared ox
cO\IIPUed by Employee, .hall reNin tna exclusive property ot Employ.r and
shall not be removed from the premise. of Elllployer except in the oxdlnlry
cours. of business duxinq the period of .Employee' I active employment, and
-
Ihall be promptly delivered to Employer upon termination of hil emploYll\ent.
1. pi ~~nv~p';.e. .anrt tnv.nt-inn!!1J lUf,ud_V""".nf- a.q~A.mlQl"t".
(a) It, during hil employment or within leven (7) yun &ftu
termination for any reason of his employment with Employer, Employe.
conceive. or makes any diacovery, invention, or improvement that relates t.o
the bu.ine.. or products of Employer (whether or not such dilcovlry,
invention, ox improvement il conceived or made alone or wlth othen, at the
request or suggestion of Employer/ duxing rlqulax work. hOl.:rI or otherwile or
in ox ol:taide of the :!acilities of Employerl, the Employ.e' s rights in such
di.covexy, invention/ ox improvement shall ba the exclulive property of
Employer.
,
lbl Employee hereby ul19ns to Employer his full and exelul1ve J:i9ht to
any such di&covery, invention, or improvement and, if luch d~lcovery,
I
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invenUon, or improvement: be patentable or Copyrightable to Iny appl1cIUon
for copyrights or letter. patent that may be t.iled on and copyriqhts or
letters patent that may be obtained or iuuect on such discovery, invention,
or improvement. Employee shall execute all documents and instruments
Employer deem. nece.sary or desir.ble to ve.t title to .uch discovery,
invention, or improvement. Employee .hlll execute III document. and
instrument. Employer deems nec....ry or desir.ble to v.st title to .uch
discovery, invention, or improvement in Employer or its nOllline. and .h.ll
-
cooperate in All re.pect. with Employer in pro.ecuting .pplications tor
copyright. or letten patent on any .uchdiacovery, invention, or improvement
anci p~ocuring and maintaining copyrights ancl. patentl and in obtaining or
registedng any trademark. or .ervice mark. that Employee may.o od9inate.
I. S.v.~~n41i~.
(II E.ch agreement .et forth herein con.titutes 1 .eparate 19relllllnl:
independently supported by good and Idequlte consideration Ind each .uch
.greement shall los severable from the other providon of this Agreement. The
exi.tence of any cl.im or c.us. of .ction ot Employee Igalnst Employer,
whether predicated on this Agreement or othnwil., shall not con.titute 1
detense to the enforcement of the covenlnts and agreements ft Employee
contained herein.
(101 All provision. of thi. Agreement ere intended to be enforced to the
.
I. Admitted in part and denied in part. It is admitted
that Defendant, Dawn Marie Robertson Sizer, signed an Employment
Confidentiality and Non-Competition Agreement. It is denied that a
true and correct copy of the Agreement which Defendant, Dawn Marie
Robertson Sizer, signed is attached to Plaintiff's complaint as
Exhibit "B." By way of further answer, the date is not accurate.
9. Admitted.
10. Admitted in part and denied in part. It is admitted
that Defendant, David B. Goudzwaard, signed an Employment
Confidentiality and Non-Competition Agreement. It is denied that a
true and correct copy of the Agreement which Defendant, David B.
Goudzwaard, signed is attached to Plaintiff's Complaint as Exhibit
"C." By way of further answer, the date is not accurate.
11. Admitted.
12. Admitted.
13. Admitted.
14. The allegation in this paragraph is a conclusion of law
to which no response is required. To the extent a r.esponse is deemed
necessary, it is denied that Def~ndants conspired to form their own
business.
15. The allegation in this paragraph is a conclusion of law
to which no response is required. To the extent a response is deemed
necessary, it is denied that upon leaving Plaintiff's employment,
- 2 -
Defendants' took materials from Plaintiff's business to assist in the
formation of their new business.
u. Admitted.
17. Denied.
11. The answers to Plaintiff's averments of paragraphs 1
through 17 are incorporated hereby as if set forth fully and at
length.
19. Admitted.
20. Admitted.
21. The allegation in this paragraph is a conclusion of law
to which no response is required. To the extent a response is deemed
necessary, it is denied that Defendants violated their Employment
Agreements and formed a business which is in direct competition with
Plaintiff .
22. The allegation in this paragraph is a conclusion of law
to which no response is required. To the extent a r~sponse i& deemed
necessary, it is denied that Defendants violated their Employment
Agreements and together hired or solicited other employees of
Plaintiff to work for their new business enterprise.
23. The allegation in this paragraph is a conclusion of law
to which no response is required. To the extent a response i. deemed
necessary, it is denied that Defendants have all violated the terms
and conditions of their Employment Agreements.
- 3 -
at. The allegation in this paragraph is a conclusion of law
to which no response is required. To the extent a response is deemed
necessary, after reasonable investigation, Defendants are without
sufficient information, knowledge or belief to verify the allegations
of this paragraph.
WHEREFORI, Defendants respectfully request this Honorable
Court to deny Plaintiff's request for preliminary and permanent
injunctive relief against all four Defendants and award Dafendants
attorneys' fees, costs and any other relief this Honorable Court deems
proper.
HI. MATTER
1. The answers to the allegations of paragraphs 1 through
24 are incorporated herein by reference.
a. Plaintiff never represented to Defendant, David L.
Sizer, either at the time of hiring or at the commencement of
Defendant, David L. Sizer's, employment with Plaintiff, that he would
be required to sign an Employment Agreement.
3. Plaintiff never represented to Defendant, Dawn Marie
Robertson Sizer, either at the time of hiring or at the commencement
of Defendant, Dawn Marie Robertson Sizer's, employment with Plaintiff,
that she would be required to sign an Employment Agreement.
t. Plaintiff never represented to Defendant, David B.
Goudzwaard, either at the time of hiring or at the commencement of
- 4 -
__I
Cefendant, David B. Goudzwaard's, employment with Plaintiff, that he
would be required to sign an Employment Agreement.
S. Plaintiff never represented to Defendant, Lori
Goudzwaard, either at the time of hiring or at the commencement of
Defendant, Lori Goudzwaard's, employment with Plaintiff, that she
would be required to sign an Employment Agreement.
,. Defendant, David L. Sizer'S, signing of the Employment
Agreement was not done ancillary to his employment relationship with
Plaintiff.
7. Defendant, Dawn Marie Robertson Sizer'S, signing of the
Employment Agreement was not done ancillary to her employment
relationShip with Plaintiff.
8. Defendant, David B. Goudzwaard's, signing of the
Employment Agreement was not done ancillary to his employment
relationShip with Plaintiff.
9. Defendant, Lori Goudzwaard's, signing of the Employment
Agreement was not done ancillary to her employment relationship with
Plaintiff.
10. At the time Defendant, David L. Sizer, signed his
Employment Agreement, Plaintiff did not offer any additionlll
compensation or consideration to Defendant, David L. Sizer.
11. At the time Defendant, Dawn Marie Robertson Sizer,
signed her Employment Agreement, Plaintiff did not ofter any
- 5 -
additional compensation or consideration to Defendant, Dawn Marie
Robertson Sizer.
12. At the time DAfendant, David B. Goudzwaard, signed his
Employment Agreement, Plaintiff did n~t offer any additional
compensation or consideration to Defendant, David B. Goudzwaard.
13. At the time Defendant, Lori Goudzwaard, signed her
Employment Agreement, Plaintiff did not offer additional compensation
or consideration to Defendant, Lori Goudzwaard.
14. The Employment Agreement attached as Exhibit "A" to
Plaintiff's Complaint was altered by Plaintiff after Defendant, David
L. Sizer, signed said Agreement.
15. The Employment Agreement attached as Exhibit "B" to
Plaintiff's Complaint was altered by Plaintiff after Defendant, Dawn
Marie Robertson Sizer, signed said Agreement.
u. The Employment Agreement attached as Exhibit "C" to
Plaintiff's Complaint was altered by Plaintiff after Defendant, David
B. Goudzwaard, signed said Agreement.
17. At the time Defendant, David L. Sizer, signed said
Agreement, the date was left blank by both Plaintiff and Defendant,
David L. Sizer.
18. At the time Defendant, Dawn Marie Robertson Sizer,
signed said Agreement, the date was left blank by both Plaintiff and
Defendant, Dawn Marie Robertson Sizer.
- 6 -
11. At the time Defendant, David B. Goudzwaard, signed said
Agreement, the date was left blank by both Plaintiff and Defendant,
David B. Goudzwaard.
20. Plaintiff fraudulently added the date currently
appearing on Exhibit "A" of Plaintiff's Complaint after Defendant,
David L. Sizer, signed said Agreement to make it appear as if
Defendant, David L. Sizer, signed said Agreement at an earlier date
than Defendant, David L. Sizer, actually signed said Agreement.
21. Plaintiff fraudulently added the date currently
appearing on Exhibit "B" of Plaintiff's Complaint after Defendant,
Dawn Marie Robertson Sizer, signed said Agreement to make it appear as
if Defendant, Dawn Marie Robertson Sizer, signed said Agreement at an
earlier date than Defendant, Dawn Mari~ Robertson Sizer, actually
signed said Agreement.
22. Plaintiff fraudulently added the date currently
appearing on Exhibit "C" of Plaintiff's Complaint after Defendant,
David B. Goudzwaard, signed said Agreement to make it appear as if
Defendant, David B. Goudzwaard, signed said Agreement at an earlier
date than Defendant, David B. Goudzwaard, actually signed said
Agreement.
23. Plaintiff has intentionally misrepresented three of the
four Employment Agreements attached to its Complaint as Exhibits and
accordingly has unclean hands.
- 7 -
a4. Plaintiff's cause of action i8 accordingly barred by
the defense of unclean hands.
as. The Employment Agreement signed by Defendant, David L.
Sizer, was not supported by adequate consideration.
a,. The Employment Agreement signed by Defendant, Dawn
Marie Robertson Sizer, was not supported by adequate consideration.
a7. The Employment Agreement signed by Defendant, David B.
Goudzwaard, was not supportad by adequate consideration.
28. The Employment Agreement signed by Defendant, Lori
Goudzwaard, was not supported by adequate consideration.
at. The restrictive covenant provisions of the Employment
Agreement Defendant, David L. Sizer, signed are unenforceable as a
matter of law due to lack of consideration.
30. The restrictive covenant provisions of the Employment
Agreement Defendant, Dawn Marie Robertson Sizer, signed are
unenforceable as a matter of law due to lack of consideration.
31. The restrictive covenant provisions of the Employment
Agreement Defendant, David B. Goudzwaard, signed are unenforceable aa
a matter of law due to lack of consideration.
3a. The restrictive covenant provisions of the Employment
Agreement Defendant, Lori Goudzwaard, signed are unenforceable .s a
matter of law due to lack of consideration.
- 8 -
33. The restrictive covenant provisions ot the Employment
Agreement Detendant, David L. Sizer, signed are unentorceable as a
matter ot law because they are overly b~oad.
34. The restrictive covenant provisicns of the Employment
Agreement Detendant, Dawn Marie Robertson Sizer, signed are
unenforceable as a matter ot law because they are overly broad.
35. The restrictive covenant provisions of the Employment
Agreement Defendant, David B. Goudzwaard, signed are unenforceable as
a matter of law because they are overly broad.
36. The restrictive covenant provisions of the Employment
Agreement Defendant, Lori Goudzwaard, signed are unenforceable as a
matter of law because they are overly broad.
37. Various terms of the Employment Agreement signed by
Defendant, David L. Sizer, and attached as Exhibit "A" to Plaintitf's
Complaint are incomplete.
38. The incomplete terms ot the Employment Agreement signed
by Defendant, David L. Sizer, and attached as Exhibit "A" to
Plaintiff's Complaint are material terms, and as such, the instrument
upon which Plaintiff bases its cause of action is not a legally
binding contract.
3'. Plaintiff has failed to attach a complete copy ot the
Employment Agreement signed by Defendant, Dawn Marie Robertson Sizer,
- 9 -
as Exhibit "B" to Plaintiff's complaint. Paragraphs 2 and 3 of
Plaintiff's Exhibit "B" do not appear in their entirety.
40. Various terms of the Employment Agreement signed by
Defendant, Dawn Marie Robertson sizer, and attached as Exhibit "B" to
Plaintiff's Complaint are incomplete.
41. The incomplete terms of the Employmant Agreement signed
by Defendant, Dawn Marie Robertson Sizer, and attached as Exhibit "B"
to Plaintiff's complaint are material terms, and as such, the
instrument upon which Plaintiff bases its cause of action is not a
legally binding contract.
42. Various terms of the Employment Agreement signed by
Defendant, David B. Goudzwaard, and attached as Exhibit "C" to
Plaintiff's Complaint are incomplete.
43. The incomplete terms of the Employment Agreement signed
bi' Defendant, David B. Goudzwaard, and attached as Exhibit "c" to
Plaintiff's Complaint are material terms, and as such, the instrument
upon which Plaintiff bases its cause of action is not a legally
binding contract.
44. Various terms of the Employment Agreement signed by
Defendant, Lori Goud:i\waard, and attached as Exhibit "0" to Plaintiff'.'
Complaint are incomplete.
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by Defendant, Lori Goudzwaard, and attached as Exhibit "0" to
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- 10 -
Plaintiff's Complaint are material terms, and as such, the instrument
upon which Plaintiff bases its cause of action is not a legally
binding contract.
WHIR.rORI, Defendants demand that Plaintiff's Complaint
against them be dismissed.
COUNTIRCLAIK
1. Defendants' Answer and New Matter are incorporated
herein by reference.
2. Plaintiff fraudulently dated three of the four
Employment Agreements attached to Plaintiff's Complaint as Exhibits A,
Band c.
3. Plaintiff has misrepresented three of the four
Employment Agreements as true and accurate and has signed a
verification to that effect.
4. Plaintiff's action in knowingly and intentionally
instituting this action based upon false documents was arbitrary,
vexatious, and in bad faith pursuant to 42 Pa.C.S.A. 52503.
5. As a result of Plaintiff's arbitrary, vexatious and bad
faith conduct, Defendants are entitled to attorney's fees pursuant to
42 Pa.C.S.A. 52503.
- 11 -
,
WK.-.ro.., Defendant. request this Honorable Court to award
Defendant.' attorney'. fee. incurred in the defen.e of Plaintiff'.
Complaint.
Respectfully submitted,
SMIGEL, ANDERSON & SACKS
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JOHN W; FROHNIR, 18QUIR.
I D. #41266 I
H~THIR D. R~YIR, E8QUIRB
!.D,' #76327
2917 North Front street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant.
- 12 -
2. r^"",.nAat-ion. 'Juring the term of this Agreelllllnt, Elllployee .hall
receive a. compens.tion tor hiB eervicea .n hourly wage .tartin, at
$
, which ah.lll:e p.yable in installmanta bi-weekly.
3. "'.,""in...',.n,
(A) Either r~mploiee or Employer lIIIY tt!PIIinalfl the .mployment of
Imployee hereunder at .f1Y time, at w111 and without cau'., by 9iving to the
other party 7 days' pdor written notice uf the date ot termination of .uch
employment.
(b) Employer Dlay at any time terminate th. .mploYlllent of EmPloye. for
-ju.t cause" which, for purposes hereof, shall be defined a. tollowa:
(i) Th. failure of Employe. to devote his beat
attorts to tn" performance of hi. duties \lnde: thi.
Air.am.ent;
(ii) Any d1ahonut act or cuun. of conduct by
Employee, or fraudulent or other act or cour.. of
conduct by Employee which either conatitutea a felony,
I. determined by II court of competent juri.adiction or
Qund jury indietrrent, or intantionally ..nd .i.lle9.11y
re.ults in gain or personal enrichment of Employee at
the expense of t:mp Loyer:
(Hi) 'rhe willful or negligent comm1.l1on by
Employee of any .ct, or .nd omiasion by Employee to act
that IIlateri.:'ly irjures tha bUBina.. or reputation
of EIIlp\.oyer; or
(iv) Any othu ,lct or course of conduct by
zmployee that conl:titutea . Nterial b.r..ch ot any ot
the terms of, or the failure Of Employee to
aub.tant1.aUy perform or comply with any covenent.
contained in this AqJ:eement, or a failun: to follOW
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of hiring or at the commencement of his employment, that he would
be required to sign an employment agreement. By way of further
answer, the agreement attached to the complaint was signed at the
time of hiring.
5. Denied. It is specifically denied that Plaintiff never
represented to Defendant, Lori Goudzwaard, either at the time of
hiring or at the commencement of her employment, that she would be
required to sign an employment agreement. By way of further
answer, Defendant's agreement was signed at the date of hiring.
6. Denied as a conclusion of: law to which no responsive
pleading is required. To the extent a responsive pleading is
required, it is specifically denied that David Sizer's entering
into the employment agreement was not done ancillary to his
employment relationship,
7. Denied as a conclusion of law to which no responsive
pleading is required. If a responsive pleading is deemed required,
it is specifically denied that entering into the employment
agreement was not ancillary to the employment relationship.
8. Denied as a conclusion of law to which no responsive
pleading is required. If a responsive pleading is deemed required,
it is specifically denied that the signing of the employment
agreement was not ancillary to the employment relationship.
9. Denied as a conclusion of law to which no responsive
pleading is required. If a responsive pleading is deemed required,
it is specifically denied that the signing of the employment
agreement was not ancillary to the employment relationship.
10. Denied. It is specifically denied that the employment
agreement of Defendant, David Sizer, is without adequate
consideration. By way of further answer, Defendant's agreement was
entered into at the time of hiring and ratified later by Defendant.
11. Denied. It is specifically denied that the employment
agreement of Defendant, Dawn Marie Robertson Sizer, is without
adequate consideration. By way of further answer, Defendant's
agreement was entered into at the time of hiring and ratified later
by Defendant.
12. Denied. It is specifically denied that the employment
agreement of Defendant, David B. Goudzwaard, is without adequate
consideration. By way of further answer, Defendant signed his
agreement at the time of hiring.
13. Denied. It is specifically denied that the employment
agreement of Defendant, Lori Goudzwaard, is without adequate
c::onsideration. By way of further answer, Defendant signed her
agreement at the time of hiring.
14. Denied. It is specifically denied that the employment
agreement has been altered in any way.
15, Denied. It is specifically denied that the employment
agreement attached as Exhibit "B" has been altered in any way
although it was dated by Plaintiff.
16. Denied. It is specifically denied that the employment
agreement attached as Exhibit "e" has been altered in any way. The
agreement is signed by Defendant and was dated by Plaintiff.
17. Denied. It is specifically denied that the date on the
employment agreement was left blank.
18. Denied. It is specifically denied that the date on the
employment agreement was left blank.
19. Denied. It is specifically denied that the date on the
employment agreement was left blank. By way of further answer, the
agreement is signed and dated by Defendant.
20. Denied. It is specifically denied that any fraud has
occurred or that any date has been added to the employment
agreement.
21. Denied. It is specifically denied that any fraud has
occurred or that any dates have been added to the employment
agreement. By way of further answer, Mr. Sizer assisted in
establishing the date.
22. Denied. It is specifically denied that any fraud has
occurred or that any dates have been added to Exhibit "C" of the
Complaint. By way of further answer, the agreement was signed and
dated by Defendant.
23. Denied. It is specifically denied that there has been
any misrepresentation of any sort or that Plaintiff has unclean
hands.
24. Denied as a
pleading is required.
actions give rise to a
denied.
25. Denied as a
pleading is required.
conclusion of law to which no responsive
Any implication that any of Plaintiff' 8
defense of unclean hands is specifically
required, the
consideration"
conclusion of law to which no responsive!
If a responsive pleading should be deemed
employment agreement is supported by adequate
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26. Denied as a cQnclusion of ll\w t.o which no responsive
pleading is required. If a responsive plll/lding should be deemed
required, the employment agreement is supported by adequate
consideration.
27. Denied as a conclusion of l..1W to which no responsive
pleading is required. If a responD i ve pleading should be deemed
required, the employment agreement io supported by adequate
consideration.
28. Denied as a conclusion of law to which no responsive
pleading is required. If a responsive pleading should be deemed
required, the employment agreement is supported by adequate
consideration.
29. Denied as a concluatl1n of law to which no responsive
pleading is required. If a respollsive pleading is deemed required,
it is averred that adequate consideration is present for
enforceability.
30. Denied as it
pleading is required.
it is averred that
enforceability.
31. Denied as a cone! usion of l.aw to which no responsive
pleading is required. If u responsive pleading is deemed required,
it is averred that adll'luatfJ consideration is present for
enf'orceabi 1 it y.
32. Denied as /I
pleading is required.
cone!\wion of law to which no responsive
If a responsive pleading is deemed required,
adequute conoideration is present for
eonclusion of law to which no responsive
I f a respons i va pleading is deemed required,
it is averred that adequate consideration is present for
enforceability.
33. Denied as a conclusion of law to which no responsive
pleading is required. If a responsive pleading should be deemed
required, it is specifically denied that restrictive covenant
provisions are overly broad.
34. Denied as a conclusion of law to which no responsive
pleading is required. If a responsive pleading should be deemed
required, it is specifically denied that restrictive covenant
provisions are overly broad.
35. Denied as a conclusion of. law to which no responsive
pleading is required. If a responsive pleading should be deemed
required, it is specifically denied that restrictive covenant
provisions are overly broad.
36. Denied as a conclusion of law to which no responsive
pleading is required. If a responsive pleading should be deemed
required, it is specifically denied that restrictive covenant
provisions are overly broad.
37. Denied. It is specifically denied that the agreement is
in any way incomplete.
38. Denied. It is specifically denied that the agreement is
not a legally binding contract.
39. Admitted in part, denied in part. It is admitted that
due to a clerical error. a page is missing from Plaintiff's exhibit.
Any legal inference that such a clerical error constituteD the
contract defective is specifically denied.
i",
40. Admitted in part, denied in part. It is admitted that
due to a clerical error a page is missing from Plaintiff's exhibit.
Any legal inference that such a clerical error constitutes the
contract defective is specifica11y denied.
41. Admitted in part, denied in part. It is admitted that
due to a clerical error a page is missing from Plaintiff's exhibit.
Any legal inference that ouch a clerical error constitutes the
contract defective io specifically denied.
42. Denied. It io spec i f ically denied that the agreement is
incomplete.
43. Denied. [t is specifically denied that the agreement is
not a legally blnding contract.
44. Admitted in part, denied in part. It is admitted that
due to a clerical error a page is missing from Plaintiff's exhibit.
Ally legal inference that such a clerical error constitutes the
contract detective io specifically denied.
45. Admitted in part, denied in part. It is admitted that
due to a cledcal error a page is missing from Plaintiff's exhibit.
Any legal inference that such a clerical error constitutes the
contract detective is specifically denied.
MHB.BrO.., Plaintiffs respectfully request that DefendanC's
New Matter be dismissed.
ANSWZR WITH NEW MATTER TO_THB COUNTBRCLAIM
1. The averments of the Complaint and the answers to the New
Matter are incorporated hereby as if set forth fully and at length.
2. Denied. It is specifi.cally denied that Plaintiff has
fraudulently dated any of the employment agreements. By way of
further answer, true and correct copies of the employment
agreement.s, are attached to the Complaint as they were signed by
Defendants.
3. Admi t ted in part, denied in part. J. t is admi t ted that
Plaintiff signed a verification. Any impli.cation that this
verification contains any ~isrepresentations is specifically
denied.
4. Denied as a conclusion of law to which no responsive
pleading is required. If a responsive pleading is deemed required,
it is specifically denied that Plaintiff has done anything
arbitrarily, vexatiously or in bad faith.
5. Denied as a conclusion of law to which no responsive
pleading is required. If a responsive pleading is deemed required,
it is specifically denied that Plaintiff has done anything
arbitrarily, vexatiously Qr in bad faith.
WHERE PORE , Plaintiffs respectfully request this Honorable
Court to dismiss the Counterclaim in its entirety.
NEW MATTER
The averments of Plaintiff's Complaint, the reply to New
Matter, and the answers to the Counterclaim are incorporated hereby
as if set forth fully and at length.
1. The Counterclaim fails to state a cause of action for
which relief can be granted.
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COIIPLlTI COIIPUTI. 10LUTIOIf., IlfC., . IIf THI COURT or COIINO. l'L1U
Pla1DtUf . CUIIBBRLAlrD COUII'1'Y, PA
.
V. . NO. 11-2785
.
DAVID I. GOUDIWAARD, LOll .
GOUDIWAARD, DA" KARII 10BI.TIO. .
'1111 AKD DAVID L. lIlli, t/d/b/a .
..TLIR, I IIf BQ:JI'l'Y
Defendanh .
/fh
I, HIATHB. D. ROYBR, BSQUIRB, do hereby certify that on the
day of December, 1996, I served a true and correct copy of
D~tendants' Interrogatories Directed To Plaintiff upon PAULA J.
IICDBRXOTT, BIQOIRB, by depositing the same in the United states First
Class Mail, postage prepaid, as tollows:
PAULA J. IICDIRIIOTT, BSQUIRI
KILLIAN . GIPHART
a 11 PIIlB STUIlT
P.O. BOX 8"
BARRI'BURG, PA 17108-088'
SMIGEL, ANDERSON & SACKS
BY;
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17110-1223
- 3S-
John w.
Heather D.
2917 North Front
Harrisburg, PA
Attorney for
Froll1lller, Esq.
Royer, Esq.
Street
17110
Defendants
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III '1'.1 COURT or COKKOP PL1A8
CUJlBDLUD COUJl'l'Y, PA
110. "-2115
V.
DAVID .. CIOUD..&UD, LORI
GOUO..AARD, DAD IlUII RO.OTIOII
.1... ~ DAVID L. IIID, t/d/b/.
IIITLIIIIt,
III IQUI'I'Y
Defead.nta
I, HIATHIR D. ROYIR, 18QUI.I, hereby certify that a true and
correct copy of the foregoing Defendant's Answer To Plaintiff's First
Set Of Interrogatories To Be Answered By Defendant, David B.
Goudzwaftrd, was served upon the fO;llowing as addressed
delivering the same on ~ (Ie q7 :
PAULA J. KCDBRKOTT, BSQUIRB
KILLIAH . alPBART
211 PIIll STRIIT
P.O. BOX au
BARRII.URG, PA 17108-088'
below by hand-
SMIGEL, ANDERSON & SACKS
BY:
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CUlCBI.LAIlD COUJl'l'Y, 'A
110. 11-2715
Defendant.
III IQUITY
I, HIATBIR D. ROYIR, 18QUIRI, hereby certify that a true and
correct copy of the foregoing Defendant's Answer To Plaintiff's First
Set Of Interrogatories To Be Answered By Defendant, Dawn Marie
Robertson Sizer, was served upon the following as addressed below by
hand-delivering the same on lot /7/q7
PAULA J. KCDIRKOTT, BSQUIRJ
KILLIAIl . GIPHART
21. PIIII STRIBT
'.0. BOX 8811
BARRI8BURG, PA 17108-0'"
SMIGEL, ANDERSON & SACKS
BY:
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2917 North Front t et
Harrisburg, PA ~ 0-1223
(717) 234-2401
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.lai.tiff I
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V.
III THI COURT or COKNOII PLIAI
CUKBIRLAIlD COUllTY, 'A
110. "-2715
DAVID .. QOUDlwaAaD, LORI
GOUDIWAARD, DAD ....11 RO...TIOII
.11.. AIlD DAVID L. III", t/d/b/.
IlITLID,
III IOUITY
Defendant.
CEBllIlCAIE..OF....sElM.CE
I, HIATHIR D. ROYIR, ISQUIRB, hereby certify that a true and
correct copy of the foregoing Defendant's Answer To Plaintiff's Second
Set Of Interrogatories To Be Answered By Defendant, Lori Goudzwaard,
was served upon
the same on
~
as addressed below by hand-delivering
PAULA J. KCDIRKOTT, ISQUIRB
IILLIAIl . GIPHART
21. PIIll STRUT
P.O. BOX ...
HARRI8BURG, PA 17108-0'"
SMIGEL, ANDERSON & SACKS
BY:
- 10 -
DAVID I. CIOUDIWAAID, LoaI
GOUOIWAMD, DAn ....11 RO."TIOII
III" AIlD DAVID L. lIlia, t/d/b/.
IlITLIIIIt,
COII1'LITI COIDU'I'D 10LU'I'I0Il', 1110., I
'l.iatiff I
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V.
III Tal COURT 0' 00101011 PLIAtI
CUKBIRLUD COUllTY, 'A
MO. 11-27.5
DefeDdant.
III IQUITY
I, BIATB.. D. ROYIR, ISQUIRI, hereby certify that a true and
correct copy of the foregoing Defendant's Answer To Plaintiff's Second
Set Of Interrogatories To Be Answered By Defendant, David L. sizer,
was served upon the
the same on
fOllOWilg as addressed below by
t/ /1 0, 1 :
P~ULA J. KCDIRKOTT, IIQUIRI
KILLIAN . GIPBART
211 PIlla STRUT
P.O. BOX IU
BARRIIBURG, PA 17101-001'
hand -de 11 ver i ng
SMIGEL, ANDERSON & SACKS.
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DAVID I. GOUDIWAARD, LORI
CIOUDlWAARD, DAn IlUII .01"'1'1011
III" AIlD DAVID L. 'IIIa, t/d/b/a
IIITLIIIIt,
COIIPLITI COIDU'I''' 10LU'I'I0II', 1110., I
'laiatiff I
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III 9.1 COURT or COKKOII tLlU
CUllBIaLUD COUJl'l'Y, fA
V.
110. "-278.
III IQUITY
Defendant.
I, BBATBIR D. ROYIR, ISQUIRI, hereby certify that a true and
correct copy of the foregoing Defendant David B. Goudzwaard's RftSpOnDe
to Plaintiff's First Request For Production Of Documents And Things
Directed To David B. Goudzwaard was served upon the following as
addressed below by hand-delivering the same on t/ (7/ q 7
PAULA J. KCDIRMOTT, IIQUIRI
XILLIAIl . GIPHART
218 PI". ITRI.T
P.O. lOX .86
HARRISBURG, PA 17101-0.8'
SMIGEL, ANDERSON & SACKS
BY:
---- -:-
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COIIPLI'I'I COIDU'f" 10LU'f101l1, 1110., I
'laintiff I
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III TBI COURT 0' COKKOII 'LDI
CUJIB..LUID COUll'l'Y, 'A
110. ,...1715
DAVID .. GOUDIWaAaD, LORI
GIOUDIWUIlD, DAD MUll aO...T.OII
III" AKD DAVID L. III", t/d/b/a
IIITLIIIIt,
Defendant.
III IQUrTY
CEBmlCAIE..O.E...SERY.lCE
I, BIATIIR D. ROY", 8SQUIRI, hereby certify that a true and
correct copy of the foregoing Defendant Lori Goudzwaard'a Response to
Plaintiff's First Request For Production Of Doculaents And Things
Directed To Lori Goudzwaard was served upon the following as addressed
below by hand-delivering the same on L{ /7/q 7
PAULA J. KCDIlRHOTT, ISQUIRI
KILLIAIl . GIPBART
211 PIIlI STRIIT
P.O. lOX 88.
BARRI.IURG, PA 17108-088'
SMIGEL, ANDERSON & SACKS
BY:
-
B R D. R , I. '
2917 North Front st ~e~
Harrisburg, PA 171 ~.,.(223
(717) 234-2401
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COIIPLftl COIOU'I''' 10LU'I'IOIII, IIIC., I
'laintiff I
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III TBI COURT or ClOKKOII tLlAI
CUIUIBRLUD COUllTY, PA
110. 11-2715
V.
DAVID .. GOUDIWAARD, LORI
CIOUDIWAARD, DAn IlUII ROI"'I'IOII
III" AIlD DAVID L. III", t/d/b/a
IIftLID,
III DQUITY
Defendant.
SERYIC.E
I, BIATBIR D. ROUR, ISQUIRI, hereby certify that a true and
correct copy of the foregoing Defendant Dawn Marie Robertson Sizer's
Response to Plaintiff's First Request For Production Of Documents And
Things Directed To Dawn Marie Robertson Sizer was served upon the
following as addressed below by hand-delivering the same on
lfhlcrr :
PAULA J. KCDIRKOTT, ESQUIRI
KILLIAIl . GIPHART
218 PIIII ITRElT
P.O. BOX 8..
HARRIIBURG, PA 17108-088'
SMIGEL, ANDERSON & SACKS
BY:
- 2 -
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COIIPLITI COIDU'I''' 10LU'f10ll1, IIIC. , I III 'I'll COURT or COIOIO. PLIAI
tla1aUff I CUU"LUD COUJl'l'Y, 'A
I
V. I 110. "-271. CIVIL TIRN
I
DAVID .. CIOUDlWAARD, Loal I
GOUDlWAUD, DAD ....n aO...TIOII I
III" AIlD DAVID L. II''', t/d/b/. I
IlITLIn, I III LAW
Defeadant. I
I, BlAT... D. .OYI., 18QUIR., hereby certify that a true and
correct copy of the foregoing Defendant David B. Goudzwaard's Response
to Plaintiff's First Request For Production Of Documents And Things
Directed To David B. Goudzwaard was served upon the following as
addressed below by hand-delivering the same on L/ 1-213 7
PAULA J. KCDIRXOTT, IIQUIRI
KILLIAIl . GIPKART
218 PUll 8TRIIT
P.O. BOX II'
BARRI8BUlG, PA 17108-088.
SMIGEL, ANDERSON & SACKS
BY:
- 2 -
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GOUDI1fAUD, DAD ....1. aOI"'I'IOIl
III" AIlD DAVID L. III", t/4/b/.
IlITLIIIIt,
COII1'LITI COIOU'I''' 10LUTIOIII, IIIC., I
.1.iatiff I
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v.
III TBI COURT 0' COIOIOIl PLIAI
CUJUIULUD COUllTY, PA
.0. "-271. CIVIL TIRX
III LAW
Defendant.
I, BIATB.. D. aOy.., .IQUIR., hereby certify that a true and
correct copy of the foregoing Defendant Lori Goudzwaard's Response to
Plaintiff'. First Request For Production Of Documents And Things
Dir.ct.d To Lori Goudzwaard was served upon the following as addr....d
below by hand-delivering the same on L/ /11 q-r
,
PAULA J. KCD.axOTT, IIQUIRI
KILLIAIl . O.PHART
211 PIll. STRUT
P.O. BOX 8..
BARRIIIURG, PA 17108-088'
SMIGEL, ANDERSON & SACKS
}-I, "
BY:~M'~~UQU
2917 North Front st t /
Harrisburg, PA 17~~23
(717) 234-2401 /
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DAVID I. GOUDIWAUD, LORI
CIOUDIWAUD, DAD IWlII ROI.TIOII
III" AIlD DAVID L. III", t/d/b/a
III1'1'LIIIIt,
COIIPLITI COIIPU'l'. 10LU'I'I0II', IIIC., I
'laiatiff I
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V.
III TBI COURT or COIOIOII PLIAI
CUUULUD COUJl'l'Y, 'A
110. "-278. CIVIL TIRN
Def.ndant.
III LAW
CEBmlCAIEJlUEIMCE
I, BIATHI. D. ROYI., IIQUIRI, hereby certify that a true and
correct copy of the foregoing Defendant David L. Sizer's Response to
Plaintiff's First Request For Production Of Documents And Things
Directed To David L. Sizer was served upon the following as addr....d
below by hand-delivering the same on '-/ ! 7/ q 7
PAULA J. KCDIRNOTT, .IQUIRI
KILLIAN . GIPHART
218 PINI STRIIlT
P.O. BOX 8U
HARRIIBURG, PA 17108-088'
SMIGEL, ANDERSON & SACKS
BY:
la,
2917 North Front
Harrisburg, PA 1
(717) 234-2401
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CIRTI'ICAT. or SIRVICI
On this 16th day of April, 1997, I hereby certify that I
served the foregoing document on the following by depositing a true
and correct copy in the United States Mail, postage prepaid,
addressed to:
The Honorable J, Wesley Oler, Jr,
Judge
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
John W, Frommer, Esquire
Heather 0, Royer. Esquire
2917 North Front Street
Harrisburg, PA 17110
KILLIAN & GEPHART
po...ll..\~,r""<~
PaUla J. McDermott, Esquire
Attorney I.D, #46664
218 Pine Street
P. 0, Box 886
Harrisburg, PA 17108-0886.
(717) 232-1851
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