HomeMy WebLinkAbout02-6096
Thomas], Weber, Esquire - I,D, #58853
Goldberg. Katzman & Shipman. P.C,
320 Marl<ct Street
P. 0, Box 1268
Harrisburg. PA 17108-1268
(717) 234-4161
Attorney for Plaintiff
HERRE BROS., INCORPORATED,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
No, Ca-W)9b cl'uLlT~
CIVIL ACTION - LAW
JAMES C. MOONEY, JAMES ELASH,
THOMAS A. BRAZEL, and ENGINUITY,
LLC,
Defendants
JURY TRIAL DEMANDED
NOTICE TO DEFEND
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 Answer,
New Matter, Cross Claim and Notice are served, by entering a written appearance personally
or by attorney and filing in writing with the Court your defenses 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
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
NOT/CIA
Le harI demarIdado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo a1 partir de la fecha de
la demarIda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por
abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones a las demandas
en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0
notificacion y por cualquier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO
TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFlCINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 249-3166
Respectfully submitted,
~'KATZMAN & SHIPMAN
~f)wJ--
Attorney I.D, #58853
Goldberg, KatzmarI & ShipmarI
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
(717) 234-6808 (facsimile)
Date: December 20, 2002
Attorney for Plaintiff
Thomas], Weber, Esquire - I.D, #S88S3
Goldberg, Katzman & Shipman, P,C,
320 Marlcet Street
P. 0, Box 1268
HIIlrisburg. PA 17108-1268
(717)234-4161
Attorney for Plaintiff
HERRE BROS., INCORPORATED,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No, 0:2 - ~Cl1'fc. c.'(j~C-r~~
CIVIL ACTION - LAW
JAMES C. MOONEY, JAMES ELASH,
THOMAS A. BRAZEL, and ENGINUITY,
LLC,
Defendants
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff, Herre BIOS, Incorporated (hereinafter "Herre") is a Pennsylvania
Corporation with a principal place of business at 4417 Valley Road, Enola, Cumberland County,
Pennsylvania 17025.
2, Plaintiff, Herre, is a mechanical and electrical contractor, with a Service
Department offering commercial service on mechanical and electrical systems.
3, Defendant James C, Mooney (hereinafter "Mooney") is an adult individual
residing at 1720 Orrs Bridge Road, Enola, Cumberland County, Pennsylvania 17025.
4, Defendant James Elash (hereinafter "Elash") is an adult individual residing at 401
Lion Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17065.
5, Defendant Thomas A. Brazel (hereinafter "Brazel") is an adult individual residing
at 35 Hazelwood Path, Mechanicsburg, Cumberland County, Pennsylvania 17050.
6, Defendant Enginuity, LLC is a Pennsylvania Limited Liability Company with a
registered office of One South Market Square, 12th Floor Harrisburg, Dauphin County,
Pennsylvania.
7, Plaintiff, Herre, has been in operation for approximately ninety (90) years
offering mechanical and electrical contracting services in the central and south central
Pennsylvania regions.
8. Herre employs approximately two hundred (200) full time employees with
approximately twenty-one (21) devoting the majority of their efforts to the Service Department.
9. In the formation and operation of its Service Department, Plaintiff Herre has
expended considerable time, energy and resources to develop a strong service presence and
competitive advantage,
10. These efforts have included the expenditure of considerable sums of money and
time on employee training, pricing and contact development.
11. Through these efforts Plaintiff has been able to place under contract
approximately 98 entities in Herre's Service Department. This number is supplemented
significantly by additional customers not under a regular service contract.
12, On or about October 1, 2001, Herre hired Defendant Mooney in the capacity of
Vice President Building Services.
13, In this capacity Mooney's responsibilities included directing sales and marketing
operations as well as expansion of the Service Department and developing designlbuild projects.
2
14. In addition to his responsibilities in the Service Department, Defendant Mooney
had responsibilities in Herre's Mechanical Department including a supervisory role in a
construction project Herre was involved in at the Harley Davidson plant in York Pennsylvania.
15, On or about October 23,2001, Herre hired Defendant Elash in the capacity of
Special Projects Manager,
16, In this capacity, Elash's responsibilities included managing small service and
contract work for the Service Department.
17, On or about October 22, 2001, Herre hired Defendant Brazel in the capacity of
Manager of Sales and Marketing
18. In this capacity, Brazel's responsibilities included the growth and development of
the sales staff, along with individual sales for the Service Department.
19. The Defendants were aware that Herre expected, and was entitled to have, 100%
of the Defendants' efforts while on the job.
20, In their respective capacities with Herre, the Defendants came in contact with
confidential proprietary information, including customer lists, pricing information, cost
information and contract terms.
21. Herre expended considerable time, energy and resources in training the
Defendants and encouraging their development within the field.
22. As early as August of 2002, while employed and receiving a salary from Herre,
the individual Defendants began to secretly conspire to form a business which would directly
compete with the Service Department of Herre,
3
23. The individual Defendants' actions included devoting substantial company time
for purposes of the planning of a competing business,
24, While receiving a salary from Herre, Defendants began to devote less time and
effort to the performance of their job functions and increased time in secretly planning to
compete against their employer,
25, These improper activities while on the Herre payroll included, but were not
limited to, holding meetings amongst themselves, meeting with their attorneys, meeting with
financial institutions to arrange financing, and meeting with vendors to plan and begin a
competing business,
26. In addition to performing non-job related activities on Herre time with the intent
of establishing a competing business, the Defendants, while acting in their capacity as Herre
employees, also made disparaging comments about Herre to its customers in an attempt to harm
the reputation of Herre and interfere with its relations with its customers.
27, The Defendants' efforts at competing with Herre culminated with the formation
by Defendants of Defendant Enginuity, LLC on or about October 9, 2002, while the Defendants
were still receiving their salaries as Herre employees,
28. Over the next month the individual Defendants, at the direction of Defendant
Enginuity, began a pattern of surreptitiously obtaining the confidential information of Herre in an
effort to obtain an unfair competitive advantage, all while receiving a regular paycheck from
Herre.
4
29. While Defendant Mooney devoted an increasing amount of his efforts to the
formation of the competing business, Herre contracts in which Mooney had important functions
were adversely affected, particularly the contact referenced in paragraph 14 above.
30, Citing the problems with the Herre contract referred to in paragraph 14, for which
he held a supervisory role, Defendant Mooney indicated in October he would resign in
November of2002.
31. At the time of this announcement, Defendant Mooney did not disclose that he had
already formed a competing business, nor that he and the other individual defendants had been
conspiring as set forth in paragraphs 22 - 28.
32, Upon Defendant Mooney's announcement of an impending departure, Herre
focused on maintaining the continuity of the operations of the Service Department.
33. Herre did not curtail Mooney's access to proprietary information or interaction
with Herre customers,
34. Despite his representation to remain on the job until November 2002, on October
29,2002 Defendant Mooney attended ajob meeting on the Herre contract referred to in
paragraph 14 for which Mooney had a supervisory role and made several disparaging comments
about Herre and walked out of the meeting,
35, On October 30,2002 Mooney informed the president of Herre that he was
"burned out",
36. On that date, without making his plans known, Mooney walked out on his
employer leaving a resignation letter in the president's inter-office mailbox.
5
37. With Defendant Enginuity formed and Mooney on the outside, he worked with
Defendants Elash and Brazel to maximize their theft of Herre's proprietary information,
38, Defendant Mooney continued to appear on certain job sites with Herre's
knowledge and consent to assist in the transition of the supervisory functions. For these efforts
Defendant Mooney continued to earn compensation on a per-diem basis.
39, Defendant Mooney took these continued efforts as an opportunity to "sell" the
services of Defendant Enginuity in an effort to interfere with Herre's relations with its
customers,
40, In addition to stealing proprietary information, the Defendants undertook a course
of action of trying to convince Herre employees to leave Herre and join their efforts in the
competing business.
41. On November 7,2002 Defendant Brazel downloaded Herre's new customer list
and forwarded the same to his home computer. See copy of email attached hereto as Exhibit A.
42. Defandant Brazel's action of stealing Herre's new customer list was done as a
part of a conspiracy by the Defendants to improperly interfere with Herre's contractual relations.
43, On November 8, 2002 Defendants Brazel and Elash resigned from Herre without
prior notice by placing a resignation letter in the president of Herre's inter-office mailbox,
44. After their resignation from Herre the individual Defendants, at the direction of
Enginuity, have continued to contact Herre employees in an effort to convince them to terminate
their employment with Herre.
45, Defendants' actions have resulted at this time in at least one additional individual
leaving Herre and going to work with Enginuity,
6
45, Defendants' actions have resulted at this time in at least one additional individual
leaving Herre and going to work with Enginuity.
46. Defendants have offered Herre employees additional remuneration if they were
successful in bringing Herre customers with them to Enginuity.
47, Defendants offered Herre employees commissions for every contract they could
take from Herre and bring to Enginuity.
48. After their resignation from Herre the individual Defendants, at the direction of
Enginuity, have continued to contact Herre customers in an effort to have them terminate their
relationship with Herre.
COUNT I
Intentional Interference With Present and
Prospective Contractual and Business Relations
49, The allegations of Par agra phs I through 48 are incorporated by reference, as if set
out in full.
50, Defendants have intentionally interfered with Herre's present and prospective
contractual and business relations,
51, Defendants' repeated so!icitations of Herre's customers were and are improper
and undertaken with the specific intent to harm Herre and disrupt the existing relationships
between Herre and those customers.
52, Defendants' repeated solicitation of Herre's employees were and are improper
and undertaken with the specific intent to harm Herre and disrupt the existing relationship
between Herre and its employees.
7
53, Defendants' actions were not privileged and were done with confidential and
proprietary information obtained while they were in the employ of Herre.
54, As a direct and proximate result of Defendants' improper actions described above,
Herre is suffering irreparable and immediate harm, in that its customers relations are suffering
and there is an immediate threat of the loss of customers in favor ofEnginuity, Herre must also
expend resources to restore its relations with its customers and alleviate any confusion caused by
the overlap of solicitations by Defendants with their employment at Herre,
55. The solicitation of employees has interfered with the business relationship
between Herre and its employees causing turnover in employees, confusion and the need to
expend Herre's resources to hire new employees and retain current employees.
56. If Defendants' conduct is not enjoined there will be irreparable harm to Herre.
Greater damage will be sustained by refusing Herre's requested relief, than if the relief is
granted, as granting relief will merely restore the parties to the positions that they would have
been in but for Defendants' wrongful conduct.
COUNT II
Misappropriation of Trade Secrets and Unfair Competition
57, The allegations of Paragraphs I through 56 are incorporated herein by reference,
as if set out in full.
58, During the courses of their employment with Herre, Defendants had access to
secured proprietary information belonging to Herre.
8
59. The proprietary information includes customer lists, pricing information,
potential customer lists, contractual information, vendor information, employee information, and
other proprietary and confidential information known only to Herre,
60. Herre employed the following methods of keeping this information proprietary
and confidential:
A. The information is stored in Herre computers with its dissemination limited.
B. Through the employee manual, Herre informs all employees of confidentiality of
the information.
C. Herre prohibits employees from storing the information outside of the business.
D, Herre also informs employees through the employee manual that theft of property,
the disclosure of confidt;ntial information and unethical conduct all constitute
employee misconduct.
61. Defendants have no right or privilege to possess or make use of Herre's
proprietary information.
62. Defendants have already absconded with a proprietary customer list, obtained
when Mr, Brazel e-mailed the list from his office computer to his home computer.
63. This list was utilized by Herre and was the work product of Herre,
64, By utilizing Herre's confidential information described in the preceding
paragraphs, Defendants have gained an unfair competitive advantage in their line of work.
65. Defendants' misappropriation and exploitation of Herre's confidential
information constitutes unfair competition which has caused and will cause Herre immediate,
substantial and irreparable harm as follows. Unless enjoined forthwith:
9
A. Plaintiff has and will suffer an immediate and continuing loss of business and
goodwill of its customers;
B, Plaintiff will lose the exclusive benefit of proprietary information, developed for
its own business purposes;
C. Defendants will be able to utilize Herre's confidential and proprietary information
to the continuing and permanent detriment of Herre's business,
D, Greater damage will result by refusing Herre's requested relief, than if relief is
granted, as granting the relief will merely restore the parties to the positions that
they would have been in but for the Defendants' wrongful conduct,
COUNT ill
Breach of Fiduciarv Dutv ofLovaltv
66. The allegations of Paragraphs 1 through 65 are incorporated herein by reference,
as if set out in full.
67. By virtue of their positions while employees at Herre, Defendants owed Herre a
duty of loyalty and were under fiduciary obligations to act in good faith and in furtherance and
enhancement of Herre's interests.
68, Defendants repeatedly and continually violated this fiduciary obligation for the
reasons stated above in paragraphs 22 through 48,
69. Herre has suffered and will suffer substantial harm as a result of Defendants'
conduct, including, but not limited to:
A. The waste of all salary and benefits paid to Defendants during the time they were
working to solicit Herre's customers and plan their competing business;
10
B. When they were working to form Enginuity, utilizing Herre's resources and
working on Herre's time;
C, Loss of prospective business during the time when Defendants were employed at
Herre Bros" but were spending their time secretly planning their competing
business;
D. Damage to or loss of existing client relationships during the time when
Defendants were working for Herre BIOS" but were spending their time secretly
planning their competing business;
E, Herre's loss of working time to respond to customer inquiries due to the
confusion caused by Defendants' solicitations;
F, Damage because oflost productivity onjob sites, most notably the Harley
Davidsonjob, referenced above, that was caused by Defendants' greater concern
for their future competing business, as opposed to their responsibilities at Herre,
G, Herre's having to hire and train new employees due to Defendants' hiring Herre's
employees away from Herre.
11
COUNT IV
Conversion ofProDrietarv and Confidential Information
70. The allegations of paragraphs 1 through 69 are incorporated by reference, as if set
out in full,
71. Defendants have misappropriated and taken dominion and control of Herre's
property, most notably Herre's customer list.
72. Such taking and continued dominion and control of Herre's property is wrongful,
intentional and malicious,
73, As a result of the Defendants' improper conduct, Herre is threatened with
substantial and irreparable injury due to the loss of its trade secrets and confidential customer
and business information and the threatened loss of the business and goodwill of its customers,
for which there is no adequate remedy at law to compensate Herre,
Wherefore, Herre demands the following:
(A) That the court preliminarily, and thereafter permanently, enjoin and restrain
Defendants from contacting or soliciting any customers or employees which, as
of October I, 2002, were clients, prospective clients, or employees of Herre;
(B) That the court preliminarily, and thereafter permanently, enjoin and restrain
Defendants from making any use of any of the proprietary and confidential
information of Herre, and return all proprietary information to Herre forthwith;
(C) That the court order Defendants to pay Herre any compensation earned by
Defendants to the present time which was obtained as a result of the illegal
conduct of Defendants;
12
(D) That the court order Defendants to pay back all wages paid to Defendants by
Herre from August 1, 2002 to the date of each Defendants' termination of
employment with Herre, with interest;
(E) That the court order Defendants to pay Herre damages attributable to lost
productivity experienced by Herre during the time when Defendants were
employed at Herre, but were engaged in the secret creation of their competing
business;
(F) That the court award Herre punitive damages for the intentional and outrageous
conduct of Defendants, described above, which was done with the intent of
injuring Herre's business and stealing Herre's clients;
(G) Any other remedy the court deems just and proper,
~~ly submitted,
~1J:~~G, KAT
1
Th s 1. Weber
Attorney I.D, #58853
Goldberg, Katzman & Shipman
320 Market Street
P.O, Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
(717) 234-6808 (facsimile)
Date: December 20, 2002
Attorney for Plaintiff
: :ODMA IPCDOCSIDOCS\881741J
13
Exhibit A
NOV 14 2002 4:32PM
HP LASER JET 3200
p.2
Brazel, Thorn
From:
Sent:
To:
Subject
Thorn Brazel [tbrazel@hemlbro8.coml
Thursday. November 07, 2002 7:20 AM
'tbrazel@comcaat.net'
New Customers
~
New Customers
2002._
NOV 14 2002 4:32PM
HP LASERJET 3200
p.3
New Customers or BuDdings
FY 2002
New New Customer Type SalespenoD
Cust. f# Bldtl. f#
1 1 Wllsbach PM BrazellMcBride
2 2 Payment Technologies Job Brazel
3 3 Martin Murray Job EJash
4 4 Select Collision Center Job and PM MooneylElash
5 5 Micro PM, Brazel
6 6 NRG Energy Systems - Welding and Mooney
Hbg. Steam- electric
7 - Corporate Realty
MlIl18ltement
- 7 2405 PM Wmterbome
- 8 2406 PM Wmterbome
8 9 ComwalVIron Furnace PM Brazel
9 - VerdeIli Farms
- 10 HummIestown PM/Job (
- 11 Mushroom Hill PM/Job Gracey
10 12 George Weston Bakeries Construction/SVC Team
11 13 Maurice SportiDiz Goods PM Wmterbome
12 14 RTA Furniture PM Wmterbome
DistrIbutors
13 15 Middletown Interfilith PM Wmterbome
A
14 16 Vast Holrline.:! LLP PM Wmterbome
15 17 AFSCME SVC, ELEC ElasbIBrazel
16 18 HUzh Associates SVC ElasbIBrazel
17 19 BUt Lots PM EJashlBrazel
18 20 S.C. Johnson SVC Wmterbome
19 21 Excel Logistics E PM Wmterbome
- 22 Old DD Jones PM Wmterbome
20 23 Ross Stores PM Wmterbome
21 - Ajax M8118Ilement
- 24 Libertv II PM Brazel
- 25 Liberty III PM Brazel
- 26 Sassafras Court SVC Brazel
- 27 Parkway Pm SVC Brazel
25 - Fuhon Bank: (4 locations) PM
- 28 Cumberland PM/SVC McBride/Mooney
Parkway
- 29 Silver Springs PMlSVC McBrideIMooney
- 30 Dillsburg PMlSVC McBrideIMooney
NOV 14 2002 4:32PM
HP LASER JET 3200
p.4
- 31 Downtown HBG SVC McBride
26 32 Advanced SVC Brazel/Dept 10
Co111l1lllDications
27 33 Southwire PM Wmterbomc
28 34 Andrews PM Wmterbomc
29 35 01ewine Nature Center PM Coffee
(Wildwood)
30 36-39 West York Schools PM BrazellDept 50
31 40 Excel BldR 400 PM Wmterbomc
31 41 Excel BldR 40 I PM Wmterbomc
31 42 Excel Bldg 500 PM Wmtcrbomc
(Feb 22
cutoft)
32 43 Consolidated Products PM Wmterbomc
Systems (CPS)
33 44 United Way PM Brazel
34 45 Sy21D8. Network PM Brazel
35 - BTE (Building Svc/PM Brazel
Technology E ,
- 46 200 Amp Drive Svc Brazel
- 47 100 Amp Drive Svc BrazeJ/Croman
36 48 -Inlue Shield Small Job EIash
37 49 130 Locust SVC
38 Dauohin Co1Dlty r a....._. SVC/PM WiDterborne
50 Walnut 81., Harrisburg
51 Ethel St., Harrisburg
52 John 81. Hummelstown
53 S. 29th St., Harrisburg
39 54 TMI Controlled Zone SVC Wmterbome
41 55 Hereof Fairway Building SVC/PM Braze 50
42 56 Warrell Corp Small Job ElasbIBraze1
43 57 KcIloRll Co SVC BrazeJl1JeDt 50
- 58 BTE/HamihonStreet SVC BrazellElash
44 59 CbambersbmR Hospital Electrical Work Jones
45 60 SAlC Eaainment & PMlSVC Winterbone
Suonl\'
46 61 Presbyterian Apartments PM Wmterbome
(May (now doing PM)
22
cutoft)
47 62 Marty Lane - North SVC Mooney
Towers
48 63 ('-",non Hill Prison PM/SVC Work Jones
49 64 Verizon Small Job Elash
- 65 BTElLick.dale SVC Brazel
NOV 14 2002 4:33PM
HP LASERJET 3200
p.5
.
50 66 McNaughton/Concordia Small Job Wmtcrbome
51 67 Sherwin Williams Small Job EIash
52 68 Swatara Church of God PM/Service Wmtcrbome
53 69 Alberto-Culver PM/Service Wmterbome
54 70 American Mint PM/Service Wmterbome
55 71 Trammell Crow PM/Service Wmterbome
56 72 RSR Realtors PM/SmaJlJob Wmtcrbome
- 73 Verizon PM/Service Wmtcrbomc
57 74 Fry Communications Electrical Job Jones
- 75 Fulton Bank PM JonesIBrazel
58 76 CUmberland County Job Jones
59 77 FYE Store Col. Parle Mall Job JoneslW'mterbome
(Aug
30
cutoft)
- 78 Americboice FCU PM/Service W'mtcrbome
- 79 Barbarino's Pizza PM/Service W'mterbomc
- 80 Class Act Drv Cleaners PM/Service Wmterbome
- 81 Dr. Fineburg PM/Service Wmterbome
- 82 West Shore Comouters PM/Service Wmterbome
- 83 Dr. Trask Dentistry PM/Service Wmterbome
- 84 The Gift Box PM/Service Wmterbome
- 85 Cafe PM/Service Winterbome
- 86 Golden Nails Salon PM/Service Winterbome
- 87 HoWl KoDSI: Bu:tIet PM/Service Winterbome
- 88 J B Hardware PM/Service Winterbome
- 89 Mailboxes, Etc. PM/Service Winterbome
- 90 Movie Merchants PM/Service Winterbome
- 91 Papa John's Pizza PM/Service Wmterbome
- 92 Puffn'Snuff PM/Service Wmterbome
- 93 RSR Reahor's Office PM/Service Winterbome
- 94 Salon I wns PM/Service Wmterbome
- 95 Subway PM/Service Wmterbome
- 96 Tansations PM/Service Wmterbome
60 97 Nestle Purina PM/Service Wmterbomc
.
. '
., ". ..
VERIFICATION
I, Richard A. McBride, President of Herre Bros., Incorporated, hereby acknowledge that I
am the Plaintiff in this action; that I have read the foregoing and that the facts stated therein are
true and correct to the best of my knowledge, information and belief
I understand that any false statements herein are made subject to penalties of 18 Pa, C,S,
Section 4904, relating to unsworn falsification to authorities.
~ --:~"'.====- --."
Richard A. McBride, President
Herre Bros" Incorporated
Date: December 19, 2002
7;)~~
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Thomas], Weber. Esquire - LD. #58853
Goldberg. Katzman &; Shipman. P,C.
320 Marice! Street
p, O. Box 1268
Harrisburg. PA 17108-1268
(717)234-4161
Atiorney for Plaintiff
HERRE BROS., INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.O;;;t-
GL>I'l/~
JAMES C. MOONEY, JAMES ELASH,
THOMAS A. BRAZEL, and ENGINUITY,
LLC,
CIVIL ACTION - LAW
Defendants
JURY TRIAL DEMANDED
MOTION FOR PRELIMINARY INJUNCTION
And now comes the Plaintiff Herre BIOS" Incorporated, by and through its counsel,
Goldberg, Katzman & Shipman, and pursuant to Pa. R.C.P, No. 1531 moves this Court for a
Preliminary Injunction and in support of same asserts the following:
1, Concomitantly with the herein Motion, Plaintiff has filed a Complaint seeking
injunctive relief and compensatory damages arising out of Defend ants' misappropriation of
Plaintiff's proprietary information done in an effort to gain an unfair competitive advantage over
Herre. The averments contained in Plaintiff's Complaint are incorporated herein as though set
forth in their entirety.
2, Individual Defendants were previous employees of Plaintiff.
3. While so employed, individual Defendants conspired to establish a competing
business, eventually establishing Enginuity, LLC while still employed by the Plaintiff.
Exhibit A
NOV 14 2002 4:32PM
HP LASERJET 3200
p.2
Brazel, Thorn
From:
Sent:
To:
Subject
Thorn Brazel [tbrazel@herrebroa.coml
Thursday, November 07, 2002 7:20 AM
'1brazel@comcast,net'
New Customers
~
.
New Customers
2OD2._
NOV 14 2002 4:32PM
HP LASERJET 3200
p.3
New Customers or Buildings
.
FY 2002
New New Customer Type SalespenoD
Cust. ## Bldtl. ##
1 1 Wllsbach PM BrazellMcBride
2 2 Payment TechnoloJries Job Brazel
3 3 Martin Murray Job Elash
4 4 Select Collision Center Job and PM MoonevlElash
5 5 Micro PM, Brazel
6 6 NRG Energy Systems - Welding and Mooney
BbR. Steam- electric
7 - Corporate Realty
Manastement
- 7 2405 PM Wmterbome
- 8 2406 PM Wmterbome
8 9 Comwall/Iron Furnace PM Brazel
9 - Verdelli Farms
- 10 Hummlestown PM/Job
- 11 Mushroom Hill PM/Job
10 12 Georee Weston Bakeries ConstructionlSV C Team
11 13 Maurice Sportiml Goods PM Wmterborne
12 14 RTA Furniture PM Wmterhorne
Distnbutors
13 15 Middletown Interfirlth PM Wmterhome
AIJGI
14 16 Vast Holdinm; LLP PM Wmterbome
15 17 AFSCME SVC, ELEC EJash/Brazel
16 18 HiRh. Associates SVC EJash/Brazel
17 19 Big Lots PM EJasb/Brazel
18 20 S.C. Johnson SVC Wmterborne
19 21 Excel Losristics E PM Wmterbome
- 22 Old DD Jones PM Wmtcrbome
20 23 Ross Stores PM Wmterbome
21 - Ajax MlUI8llement
- 24 Libertv II PM Brazel
- 25 Libertv III PM Brazel
- 26 Sassafras Court SVC Brazel
- 27 Parkway Plaza SVC Brazel
25 - Fuhon Bank: (41ocations) PM
- 28 Cwnberland PM/SVC McBride/Mooney
Parkway
- 29 Silver Smiruzs PMlSVC McBride/Moonev
- 30 Dillsburl! PMlSVC McBride/Moonev
NOV 14 2002 4:32PM
HP LASERJET 3200
1".4
.
- 31 Downtown HBG SVC McBride
26 32 Advanced SVC BrazellDept 10
Communications
27 33 Southwire PM W"mterbomc
28 34 Andrews PM W"mterbomc
29 35 Qlewine Nature Center PM Coffee
(Wildwood)
30 36-39 West York Schools PM BrazellDeot 50
31 40 Excel Bldl! 400 PM W"mterbome
31 41 Excel Bldl! 40 I PM W"mterbomc
31 42 Excel Bldg 500 PM W"mterbome
(Feb 22
cutoff)
32 43 Consolidated Products PM Winterbomc
Systems (CPS)
33 44 United Way PM Brazel
34 45 SVIZlDll Network PM Brazel
35 - BTE (Bllildillg Svc/PM Brazel
Technolo2V E ,
- 46 200 'AmD Drive Svc Brazel
- 47 100 J\iiiD Drive Svc BrazeJlCroman
36 48 1ue Shield Small Job Elash
37 49 J 30 Locust SVC
38 DauDhin C01mtv Library SVC/PM Winterbome
50 Walnut St., Harrisburg
51 Ethel St., Harrisburg
52 John St. Hummelstown
53 S. 29th 8t., Harrisburg
39 54 TMI Controlled Zone SVC Wmterbome
41 55 Hereo! Fairway Buildiluz SVClPM Braze 50
42 56 Warrell Com Small Job E1asb/Braze1
43 57 KelloRll Co SVC Braze SO
- 58 BTEIHamilton Street SVC BrazellElash
44 59 CharnbersbUl'll Hospital Electrical Work Jones
4S 60 SAlC EauiomeDt Ie PMlSVC WiDterlJorae
Sunnw
46 61 Presbyterian Apartments PM Wmterbome
(May (now doing PM)
22
cutoff)
47 62 Marty Lane - North SVC Mooney
Towers
48 63 Hill Prison PM/SVC Work Jones
49 64 Verizon Small Job Elash
- 65 BTElLickdaJe SVC Brazel
.
.
NOV 14 2002 4:33PM
HP LRSERJET 3200
10.5
.
50 66 McNaughton/Concordia Small Job Wmterborne
51 67 Sherwin Williams Small Job Elash
52 68 Swatara Church of God PM/Service Wmterbome
53 69 A1berto-Culver PM/Service Wmterborne
54 70 American Mint PM/Service Wmterbome
55 11 Trammell Crow PM/Service Wmterbome
56 72 RSR Realtors PMlSma\lJob Wmterbome
- 73 Verizon PM/Service Wmterbome
57 74 Fry CoIIlDllDlications Electrical Job Jones
- 75 Fulton Bank PM Jones/Brazel
58 76 Cmnberland County Job Jones
59 77 FYE Store Col. Park: Mall Job JoneslW'mterborne
(Aug
30
cutoff)
- 78 Americhoice FCU PM/Service Wmterbome
- 79 Barbarino's Pizza PM/Service Wmterborne
- 80 Class Act Dry Cleaners PM/ScrvWe Wmterbome
- 81 Dr. Fineburg PM/ScrvWe Wmterborne
- 82 West Shore Computers PM/Service Wmterbome
- 83 Dr. Trask Dentistry PM/Service Wmterbome
- 84 The Gift Box PM/Service Wmterborne
- 85 G' Cafe PM/Service Winterbome
- 86 Golden Nails Salon PM/Service Winterborne
- 87 Hong Kong Buffet PM/Service Winterborne
- 88 J B Hardware PM/Service Winterbome
- 89 Mailboxes, Etc. PM/Service Winterbome
- 90 Movie Merc:hants PM/Service Winterbome
- 91 Papa John's Pizza PM/Service Wmterborne
- 92 Puffn'Snuff PM/Service Winterbome
- 93 RSR Realtor's Office PM/Service W:ioterbome
- 94 Salon I 10ns PM/Service Wmterborne
- 95 Subway PM/Service Wmterbome
- 96 Tansations PM/Service Wmterborne
60 97 Nestle Purina PM/Service Wmterbome
.
.
CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the foregoing document upon the person(s)
indicated below by depositing a copy of the same in the United States mail, postage prepaid, at
Harrisburg, Pennsylvania and addressed as follows:
James C. Mooney
1720 Orrs Bridge Road
Enola, Pennsylvania 17025
James Elash
401 Lion Road
Mt. Holly Springs, Pennsylvania 17065
Thomas A. Brazel
35 Hazelwood Path
Mechanicshurg, Pennsylvania 17050
Enginuity Consultants, LLC
One South Market Square, 12th Floor
Harrisburg, Pennsylvania 17101
Date: December 20, 2002
::ODMA\PCDOCS\DOCS\84l23\13
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Thomas 1. Web<<, Esquire -10. #58853
Goldberg, Katzman &; Shipman, P.C.
320 Marlcet Stnlclt
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Plaintiff
HERRE BROS., INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. D;;J,~-I.-09b C'V~(~~
v.
JAMES C. MOONEY, JAMES ELASH,
moMAS A. BRAZEL, and ENGINUITY,
LLC,
CIVIL ACT[ON - LAW
Defendants
JURY TRIAL DEMANDED
PROPOSED ORDER
And now, this 3~ day of ~ ,200~. upon consideration of Plaintiff's
Motion for Preliminary Injunction, it is hereby Ordered that Cl Hearing is scheduled for
~VU~~~ 3
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Courtroom .". ~
, 2003, at
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Thomas A. French, Esquire
Attorney J.D. No. 39305
Heather Zink Kelly, Esquire
Attorney J.D. No. 86291
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, P A 17108- I 146
(717) 233-5731
Attorneys for Defendants
HERRE BROS., INCORPORATED,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 02-6096 Civil Term
JAMES C. MOONEY, JAMES ELASH,
THOMAS A. BRAZEL, and ENGINUITY,
LLC,
Defendants
: JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
· TO THE PROTHONOTARY:
Kindly enter the appearance of Rhoads & Sinon, LLP and the undersigned as
counsel for Defendants in the above-captioned matter.
By:
Thomas A. French
Heather Zink Kelly
One South Market Square
P. O. Box 1146
Harrisburg, P A 17108-1146
(717) 233-5731
Attorneys for Defendants
456182,1
CERTIFICATE OF SERVICE
I hereby certify that on January 2, 2003, a true and correct copy of the Praecipe for
Entry of Appearance was served by means of United States mail, first class, postage prepaid, upon
the following:
Thomas J. Weber, Esquire
Goldberg, Katzman & Shipman, P .C.
320 Market Street
P.O. Box 1268
Harrisburg, P A 17108-1268
\ .' . /..)
G~~'Y~
Lynne G. Ritter
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Thomas J. Weber, Esquire - LD. #58853
Goldberg, Katzman&; Shipman, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Plaintiff
HERRE BROS., INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 02-6096 CIVIL TERM
JAMES C. MOONEY, JAMES ELASH,
THOMAS A BRAZEL, and ENGINUlTY,
LLC,
CIVIL ACTION - EQillTY
Defendants
PRAECIPE TO AMEND CAPTION
Please amend the caption in the above-referenced matter to reflect that suit is brought in
Equity. The action was improvidently originally filed as being brought in Law.
& SIDPMAN
T omasJ. We r
Attorney I.D. #58853
Goldberg, Katzman & Shipman
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
(717) 234-6808 (facsimile)
Date: January 8, 2003
Auomey for Plaintiff
"".
CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the foregoing document upon the person( s)
indicated below by depositing a copy of the same in the United States mail, postage prepaid, at
Harrisburg, Pennsylvania and addressed as follows:
Thomas French
Enginuity Consultants, LLC
One South Market Square, 12th Floor
Harrisburg, Pennsylvania 17101
GOLDBERG, KATZMAN & SHIPMAN, P.C
~~
Attorney ID. No. 58853
Date: January 8, 2003
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-06096 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HERRE BROS INCORPORATED
VS
MOONEY JAMES C ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
ENGINUITY LLC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On January
7th , 2003 , this office was ln receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
6.00
9.00
10.00
25.50
.00
50.50
01/07/2003
GOLDBERG KATZMAN
S~~?
R. Thomas Kline
Sheriff of Cumberland County
SHIPMAN
Sworn and subscribed to before me
this
OJ
fa"
day of C),. " '''7
A.D.
,J{)V3
q,.
Q )ndtJV ~
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-06096 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HERRE BROS INCORPORATED
VS
MOONEY JAMES C ET AL
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
MOONEY JAMES C
the
DEFENDANT
, at 1911:00 HOURS, on the 27th day of December, 2002
at 1720 ORRS BRIDGE ROAD
ENOLA, PA 17025
by handing to
JAMES C MOONEY
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
8.97
.00
10.00
.00
36.97
,r~~.~':<~
R. Thomas Kline
01/07/2003
GOLDBERG KATZMAN SHIPMAN
Sworn and Subscribed to before
By:
7/-.-Ad ~ J
'Deputy she-:1'ff
h' "'"
me t lS /0-
.-,
y, 'd.: :"1
(' ~, Q 1Vw.L #1
i rot onotary ,
day of
J. (H) "
A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-06096 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HERRE BROS INCORPORATED
VS
MOONEY JAMES C ET AL
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
ELASH JAMES
the
DEFENDANT
, at 1541:00 HOURS, on the 30th day of December, 2002
at 401 ZION ROAD
MT HOLLY SPRINGS, PA 17065
by handing to
JAMES ELASH
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
4.14
.00
10.00
.00
20.14
~,. .....~j..,?-r::::/
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-......-;.,.~~.,~~','. ' ,
R. Thomas Kline
,....'...,"'-'",
., ,.- >,".~.;:::~......,,: ....
>-<' " _ :'f_"c ..,.,.('~..(...
01/07/2003
GOLDBERG KATZMAN SHIPMAN
Sworn and Subscribed to before
By:
7lht~)~
Deputy S riff
me this /0':':: day of
()~lIY1J3 A.D.
C 1 v.-C' ~~~
I itrothonotary , -r~t
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-06096 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HERRE BROS INCORPORATED
VS
MOONEY JAMES C ET AL
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BRAZEL THOMAS A
the
DEFENDANT
, at 2047:00 HOURS, on the 27th day of December, 2002
at 35 HAZELWOOD PATH
MECHANICSBURG, PA 17050
by handing to
THOMAS BRAZEL
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
9.66
.00
10.00
.00
25.66
'''-';io--
1"
R. Thomas Kline
01/07/2003
GOLDBERG KATZMAN SHIPMAN
Sworn and Subscribed to before
By:
7~A dJ
I Deputy Sh~riff
me this /0 le day of
"1
( fu~" I .2()(}-.3 A. D.
l~~ 0 >>wf~ ~
Prothonotary J
@ffite of tIre ~4eriff
William T. Tully
Solicitor
J. Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 171 0 1
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
HERRE BROS INCORPORATED
vs
County of Dauphin
ENGINUITY LLC
Sheriff's Return
No. 2893-T - -2002
OTHER COUNTY NO. 02 6096
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for ENGINUITY LLC
the DEFENDANT named in the within COMPLAINT
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, December 31, 2002
NEED BETTER ADDRESS. THIS IS THE BUSINESS OF RHOADS & SINON LAW FIRM.
Sworn and subscribed to So Answers,
before ~:~_S~'.ST day of ,DEC~MB";R' .2". J K~
.... ~~I,iVI"'; !:) tf)~Sheriff of Dauphin Co=ty, Pa.
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $25.50 PD 01/02/2003
RCPT NO 173666
In The Court of Common Pleas of Cumberland Connty, Pennsylvania
Herre Bras, Incorporated
VS.
James C. Mooney et al
SERVE: Enginuity LLC
No.
02
6096 civil
Now,
December 27, 2002
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
./"') "dfr" b/.A'
~.... .~ ~.. //~~/-.
.~""~k~''':l' ~~-f'
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20_, at
0' clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDA V1T
$
$
HERRE BROS., INCORPORATED,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 02-6096 Civil Term
JAMES C. MOONEY, JAMES ELASH,
THOMAS A. BRAZEL, and ENGINUITY,
LLC,
Defendants
: JURY TRIAL DEMANDED
STIPULATION
1. The individual Defendants James C. Mooney, Thomas Brazel, and James
Elash have testified and through this Stipulation hereby represent that they are not in possession of
any Herre Bros., Inc. confidential documents (either prepared by Herre Bros., internally or by its
outside lawyers, consultants, accountants).
2. The individual Defendants specifically represent that they are not in
possessIOn of any documents containing: a) pricing information; b) contract information;
c) contracts; d) customer list; e) new customer lists.
3. Th~ individual Ddenda"lts also represent Enginuity, LLC, Enginuity
Consultants, LLC and none of its employees are in possession of any such Herre Bros. documents.
4. Except for the "new customer list," which was identified as Plaintiffs
Exhibit 1 in the Preliminary Injunction Hearing held in this matter on January 3,2003 and January
6, 2003, the individual Defendants further represent that they, Enginuity, LLC, Enginuity
Consultants LLC, nor any of its employees or agents have been in possession of any such
457128.2
documents since the time they left the employment of Herre Bros., Inc., except to the extent that
such information may have been on Defendants' personal computers, as the result of Defendants'
performance of work in the ordinary course while employees of Plaintiff. Defendants have not
accessed such information since terminating their employment with Plaintiff except in connection
with deleting such information from their computers.
5. Defendants shall cause their legal and accounting professionals to turn over
to Plaintiff's counsel any financial documentation of Plaintiff which may be in their possession.
6. The parties stipulate that this Stipulation may be enforced as an Order of
Court.
7. Plaintiff's Petition for Preliminary Injunction is hereby withdrawn.
Tho s French
On Behalf of all Defendants
1if~~ ULlv-
Attorney J.D. #58853
Goldberg, Katzman & Shipman
320 Market Street
P.O. Box 1268
Harrisburg, P A 17108-1268
(717) 234-4161
(717) 234-6808 (facsimile)
Attorney for Plaintiff
Date: January li-, 2003
Date: January~, 2003
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Thomas J. Weber, Esquire - I.D, #58853
Goldberg, Katzman & Shipman, P.c.
320 Market Street
p, O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Plaintiff
HERRE BROS" INCORPORATED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No, 02-6096 CIVIL TERM
JAMES C. MOONEY, JAMES ELASH,
THOMAS A. BRAZEL, and ENGINUITY,
LLC,
CIVIL ACTION - EQUITY
Defendants
ORDER
AND NOW, this 3o,Jl, day of ~ .~r
, 2003, based upon the
parties' Stipulation, it is hereby Ordered that the Stipulation is approved and the record and
Plaintiffs request for a preliminary injunction closed,
J1 tJ{J-J-tDJ
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to '.
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OF COUNSEL
F. LEE SHIPMAN
COUNSEL
JOSHUA D, LOCK
ARNOLD B, KOGAN
ARTHUR L, GOLDBERG
(1951-2000)
HARRY B. GOLDBERG
(1961-1998)
RONALD M. KATZMAN
PAUL J, ESPOSITO
NEIL HENDERSHOT
J. JAY COOPER
THOMAS E. BRENNER
JOHN A, STATLER
APRIL L. STRANG-KUTAY
GUY H, BROOKS
JEFFERSON J. SHIPMAN
JERRY J, Russo
MICHAEL J. CROCENZI
THOMAS J, WEBER
STEVEN E. GRUBB
JOHN DELORENZO
JOHN R, NlNOSKY
ROYCE L. MORRIS
DAVID M. STECKEL
HEATHER L, PATERNO
320 MARKET STREET. STRAWBERRY SQUARE
P,O. Box 1268. HARRISBURG, PENNSYLVANIA 17108-1268
717,234,4161 · 717.234.6808 (FAX)
GOLDBERG, KATZMAN & SHIPMAN, P.C.
ATTORNEYS AT LAW
January 29, 2003
Sandy Davis
The Honorable Edward E. Guido's Chambers
Cumberland County Courthouse
41h Floor, One Courthouse Square
Carlisle, P A 17013-3387
Re:
Herre Bros. v, Mooney, et al
Dear Ms, Davis:
Enclosed is the proposed Order and envelopes that you have requested.
Should you require anything additional, please do not hesitate to contact
me,
TJW/sam
Enclosures
cc: Thomas French, Esquire (w/enc.)
::ODMAIPCDOCSIDOCSI907421 I
CARLISLE OFFICE: 717.245,0597 . YORK OFFICE: 717,843.7912
-
~
Thomas J. Weber, Esquire
Goldberg Katzman, P.C.
320 Market Street
P.O. Box J268
Harrisburg, P A 17108-1268
Attorneys for Plaintiff
HERRE BROS., INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LA W
JAMES C. MOONEY, JAMES ELASH,
THOMAS BRAZEL, and ENGINUITY, : NO. 02-6096 Civil Term
LLC,
Defendants : JURY TRIAL DEMANDED
PRAECIPE OF VOLUNTARY DISCONTINUANCE
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter voluntarily discontinued.
~
:3. to. 05
506453.1
-
.
CERTIFICATE OF SERVICE
I hereby certify that on March 10, 2005, a true and correct copy of Praecipe of
Voluntary Discontinuance was served by means of D,S, Mail, postage prepaid, upon the
following:
Thomas A. French, Esquire
RHOADS & SINON LLP
One South Market Square, 12th Floor
P,O. Box 1146
Harrisburg, PA 17108-1146
~iIl1 w.L-