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HomeMy WebLinkAbout02-6102THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 Harrisburg, Pennsylvania 17110 (717) 233-8676 Attorney for Plaintiff, Cathy Crall Smith CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH Petitioner(s), VS. SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEI GORDON Respondent(s). TO THE PROTHONOTARY: : 1N THE COURT OF COMMON PLEA : DAUPHIN COUNTY, PENNSYLVANIA : : CIVIL ACTION-EQUITY : DOCKET NUMBER: : PRAECIPE With regard to Plaintiff, s Petition for Preliminary Injtmction Pursuant to R.C.P. 1531, kindly affix the Docket Number assigned to the Verified Complaint and send the Petition for Preliminary Injunction Pursuant to R.C.P. 1531 to the Court for immediate judicial disposition. Respectfully submitted, Dated: 12/18/02 Tl~orfia's ~. Archer Attorney for Plaintiff THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 Harrisburg, Pennsylvania 17110 (717) 233-8676 Attorney for Plaintiff, Cathy Crall Smith CATHY CRALL SMITH, clPo/a A HEAVENLY TOUCH Petitioner(s), VS. SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEI GORDON Respondem(s). : 1N THE COURT OF COMMON PLEA : DAUPHIN COUNTY, PENNSYLVANIA : : CIVIL ACTION-EQUITY : : DOCKET NUMBER: : PETITON FOR PRELIMINARY : INJUNCTION PURSUANT TO : R.C.P. 1531 AND NOW COMES Plaintiff, Cathy Crall Smith, d/b/a/A Heavenly Touch, of 908 Bridge Street, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania, who brings this Petition for Preliminary Injunction against Defendants and alleges as follows: 1. Defendant, Scott Bradley ("Bradley") is an adult individual and Pennsylvania resident operating and doing business as Scott Bradley & Company, a salon and day spa with an address of 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth o f Peimsylvanla. 2. Defendant, Scott Bradley & Company ("Bradley & Co."), through information and belief, is a Pennsylvania Corporation or, alternatively, a trade name for Scott Bradley and operates as a salon and day spa with an address of 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania. 3. Defendant, Kwei Gordon ("Gordon"), is an adult individual and Pennsylvania residem residing at 419 Geary Avenue, New Cumberland, County of Cumberland, 1 Commonwealth of Pennsylvania. 4. On or about December 19, 2002, Plaintifffiled a Verified Complaint in Equity against Defendants, alleging Counts for Interference with Contractual Rehtions, Unfair Competition, Theft of Proprietary Information, Conversion, Breach of Duty of Loyalty and Unjust Enrichment as a result of Defendants' unlawfifl taking of Plaintiff's equipment and client list, as well as Defendants' unlawful diversion of Plaintiffs' clients away fro PlaintifFs business. A true and correct copy of PlaintifFs Verified Complaint is attached hereto as Exhibit "A." 5. At all times herein, Defendants Bradley and Bradley & Co. have operated a salon and day spa with services similar or identical to those offered by Plaintiff's business, A Heavenly Touch. 6. On or about December 3, 2002, Defendant Gordon was employed by Plaintiffas a manicurist. Defendant Gordon had been so employed for a period of more than two years. 7. On said date, Defendant Gordon advised Plaintiff that she would be taking a vacation of one week. Plaintiff agreed to this. 8. Defendant Gordon began her so-called "vacation" on December 4, 2002. 9. During Defendant Gordon's ostensible '~vacation," she entered the Plaintiffs premises and removed items and information belonging solely to the Plaintiff, including but not limited to: a) two nail pushers; b) nail nippers; c) stork scissors; d) miscellaneous salon items; e) wooden box containing the names, addresses and telephone numbers of Plaintiff's clients; f) computer disk and "hard copy" containing the names, addresses and telephone numbers of all PlaintiWs manicure clients. 10. Shortly thereafter, beginning on or about December 5, 2002, Plalntiffbegan receiving phone calls from a number of her clients, stating that those clients had been called by employees of Defendants Bradley and Bradley & Co., advising those clients that Defendant Gordon was now working for Bradley & Co. and that those clients should schedule any salon business with Bradley & Co. 11. A number of these clients did, in fact, cancel their existing appointments with Plaintiff. Other clients have cancelled appointments without giving any reason therefore, presumably also as a result of having been contacted by Defendants. 12. All of the aforementioned events occurred while Defendant Gordon was still in the employ of Plaintiff. 13. Plaintiff reasonably believes, and therefore avers, that Defendant Gordon converted the items described in Paragraph 7 of this Complaint to her own use and the use of Defendants Bradley and Bradley & Co. 14. The client information taken and used by the Defendants is the confidential and proprietary property of the Plaintiff. 15. Plaintiff reasonably believes, and therefore avers, that Defendants Bradley and Bradley & Co., used the client lists of Plaintiffto contact those clients for the purpose of intentionally diverting their business to Defendants, whereby Defendants have realized pecuniary gain and will continue to reali?e pecuniary gain in the future. 16. Plaintiff and her remaining employees are capable of providing Plaintiff's clients with the same manicure services previously provided by Defendant Gordon. 17. Plaintiff reasonably believes, and therefore avers, that Defendants have copied the proprietary client information of the Plaintiffand will continue to solicit PlaintiWs clients using this information in the future, all to the damage of the Plaintiff. 18. By correspondence by counsel dated December 9, 2002, Plaintiff demanded that Defendants immediately return all of the items taken from the Plaintiff and cease contacting Plaintiffs clients. A true and correct copy of the December 9, 2002 correspondence is attached hereto as Exhibit "A." 19. To date, Defendant Gordon has only returned the wooden box containing the names, addresses and telephone numbers of Plaintiffs clients. Defendants' continue to wrongfully detain the originals and any copies made of the remaining items wrongfully taken from the Plaintiffs. 20. Despite Plaintiff's demands, Defendants continue to contact Plaintiffs clients for the purpose of drawing their business away from the Plaintiff. 21. The actions of the Defendants as described herein were taken intemionally and maliciously, and have resulted in ongoing actual economic loss to the Plaintiff 22. Plaintiff has no adequate remedy at law to compensate Plaintiff for the harm caused by the Defendants. 23. Unless the Defendants' conduct is immediately enjoined, Plaintiff will be irreparably harmed and injured, in that: a) Plaintiff's business, A Heavenly Touch, will have lost a large body of clients wrongfully diverted to Defendants, resulting in pem~ment and exponential economic loss to Plaintiff and her business; b) Plaintiff's client base and referrals, which have taken years to build, will be permanently ruined and disrupted; c) Many of Plaintiff's clients will be irrevocably lost, without Piaintiff's ability to have presented those clients with the Plaintiff's options for providing quality manicure services in the absence of Defendant Gordon; d) Plaintiffwill lose the manicure business of her wrongfully diverted clients, as well as the income derived fi~om additional services provided to those clients and the referrals for business form those clients; e) Plaintiffwill continue to suffer emotional pain and distress as the result of dealing with these matters and the ongoing loss of her clients at the otherwise busiest time of the year in her industry. 24. The Defendants have wrongly and without justification taken possession of Plaintiff's client list and continue to wrongly and without justification divert those clients away fro Plaintiffto Defendants. 25. The likelihood that Plaintiff's claims will be successful is great, in that Defendants' actions as alleged constitute clear and unequivocal unlawfifl interference with Plaintiff's economic advantage. 26. A greater injury will result by refusing to grant the injunction than by granting it in that the request for injunctive relief is a request to return the parties to the status quo ante. 27. Though copies of the instant Petition were served upon Defendants along with Plaintiff's Verified Complaint, Plaintiffrequests that the requested relief be provided ex parte, pursuant to R.C.P. 1531. WHEREFORE, Plaintiff, Cathy Crall Smith, d/b/a, A Heavenly Touch, requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 1531, providing for the following: a) A Preliminary Injunction during the pendancy of this action according to the prayer of the Complaint and requested injunctive relief; b) A Preliminary Injunction enjoining Defendants from comacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; c) A Preliminary Injunction enjoining Defendants from providing services to PlaintifFs clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; d) A Preliminary Injunction enjoining Defendants from otherwise wrongfully e) diverting or interfering with the PlaintiWs business relationship with Plaintiff's clients; A Preliminary Injunction directing Defendants to contact all individuals ~om Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists and Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information. Dated: 12/18/02 By: Respectfully submitted, Tho~s A. Archer Attorney for Plaintiff THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 Harrisburg, Pennsylvania 17110 (717) 233-8676 Attorney for Plaintiff, Cathy Crall Smith CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH Petitioner(s), VS. SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEI GORDON Respondent(s). : IN THE COURT OF COMMON PLEA : DAUPHIN COUNTY, PENNSYLVANIA : : CIVIL ACTION-EQUITY : DOCKET NUMBER: CERTIFICATE OF SERVICE I, Thomas A. Archer, certify that the foregoing Petition for Preliminary Injunction Pursuant to R.C.P. 1531 was sent for service upon Defendants via personal service along with PlaintitFs Verified Complaint, as a result of the undersigned's direction to the Prothonatary at the time the Verified Complaint was filed. Dated: 12/18/02 By: ~her~'"'"'-' Attorney for Plaintiff CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH, Plaintiff Vo SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEI GORDON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 02-6102 EQUITY TERM ORDER OF COURT AND NOW, this 31st day of December, 2002, upon consideration of Plaintiff's Petition for Preliminary Injunction Pursuant To R.C.P. 1531, a hearing is scheduled for Thursday, March 13, 2003, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ,//Thomas A. Archer, Esq. P.O. Box 5056 Harrisburg, PA 17110 Attorney for Plaintiff /Scott Bradley Scott Bradley & Company 1601 Market Street Camp Hill, PA 17011 Defendants, Pro Se ~/Kwei Gordon 419 Geary Avenue New Cumberland, PA 17070 Defendant, Pro Se SHERIFF'S RETURN - REGULAR CASE NO: 2002-06102 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH CATHY CP~ALL DBA A HEAVEN VS BRADLEY SCOTT ET AL GEP~ALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon BP~ADLEY SCOTT the DEFENDANT at 1601 MARKET STREET , at 1448:00 HOURS, on the 2nd day of January , 2003 CAMP HILL, PA 17011 by handing to SCOTT BRADLEY a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this ~? day of ~~ ~ A.D. / ~rothonotary So Answers: R. Thomas Kline 01/07/2003 THOMAS A ARCHER Deputy Sh~iff SHERIFF'S RETURN - REGULAR CASE NO: 2002-06102 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH CATHY CRALL DBA A HEAVEN VS BR3ADLEY SCOTT ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon SCOTT BRADLEY & COMPANY the DEFENDANT at 1601 MARKET STREET , at 1448:00 HOURS, on the 2nd day of January CAMP HILL, PA 17011 SCOTT BRADLEY, OWNER A_ND a true and attested copy of COMPLAINT - EQUITY by handing to ADULT IN CHARGE together with , 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /3 ~ day of So Answers: R. Thomas Kline 01/07/2003 THOMAS A ARCHER Deputy Sh~iff SHERIFF'S RETURN - REGULAR CASE NO: 2002-06102 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH CATHY CRALL DBA A HEAVEN VS BRADLEY SCOTT ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon GORDON KWEI the DEFEND~NT , at 1448:00 HOURS, on the 2nd day of January at 419 GEARY AVENUE NEW CUMBERLAND, PA 17070 by handing to KWEI GORDON a true and attested copy of COMPLAINT - EQUITY together with , 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 27.04 Sworn and Subscribed to before me this /~ day of ~ ~3 A.D. / / ~rothonotary So Answers: R. Thomas Kline 01/07/200m THOMAS A ARCHER CATHY CRALL SMITH d/b/a A HEAVENLY TOUCH, Petitioner COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02 - 6102 Equity Term SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEI GORDON, Respondents CIVIL ACTION - EQUITY RESPONDENTS' PRELIMINARY OBJECTIONS TO T. HE COMPLAINT e, rld PRELIMINARY INJUNCTION OF CATHY CRALL SMITH D/B/A/~ HEAVENLY TOUCH. 1. The Petitioner filed a Complaint against Scott Bradley, Scott Bradley & Company and Kwei Gordon. 2. Paragraph 1 of the Complaint and Preliminary Injunction indicate that "Defendant, Scott Bradley ('Bradley') is an adult individual and Pennsylvania resident operating and doing business as Scott Bradley & Company, a salon and day spa with an address of 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania." 3. There is no individual named "Scott Bradley". 4. Paragraph 2 of the Complaint and Preliminary Injunction indicate that "Defendant, Scott Bradley & Company ('Bradley & Co.'), through information and belief, is a Pennsylvania Corporation or, alternatively, a trade name for Scott Bradley and operates as a salon and day spa with an address of 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania." 5. "Scott Bradley & Co." is not a Pennsylvania Corporation. 6. The Respondents are filing these preliminary objections pursuant to Pennsylvania Rule of Civil Procedure 1028. 7. The Plaintiff/Petitioner has not identified the correct parties. WHEREFORE, the Respondents request judgment in their favor and against the Petitioner/Plaintiff. Darrelll C. Dethlefs, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975- 9446 Atty Id. No. 58805 CATHY CRALL SMITH d/b/a A HEAVENLY TOUCH, Petitioner COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02- 6102 Equity Term SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEI GORDON, Respondents CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE I, Darrell C. Dethlefs, Esquire, do hereby certify that on this j.~4,, day of ,2003, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Thomas A. Archer, Esquire P.O. Box 5056 Harrisburg, PA 17110 arrell C. Dethlefs, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975- 9446 Atty Id. No. 58805 CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH, Plaintiff Vo sCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEI GORDON, Defendants IN THE COURT OF C. OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 02-6102 EQUITY TERM ORDER OF COURT AND NOW, this 28th day of January, 2003, UPon consideration of Defendants' preliminary objections to Plaintiff's complaint, argument .on the preliminary objections is scheduled for Thursday, March 13, 2003, at 9:30 a.m., immediately prior to the hearing on Plaintiff's Petition for Preliminary Injunction Pursuant to R.C.P. 1531. TO THE EXTENT that either side believes that an evidentiary record will be necessary to a disposition of the preliminary objections, such record shall be made by deposition(s) filed at least fourteen days prior to the argurnent; briefs on the preliminary objections shall be submitted to the court at least seven days prior to the argument date. BY THE COURT, //Thomas A. Archer, Esq. P.O. Box 5056 Harrisburg, PA 17110 Attorney for Plaintiff 0/ ,o/Darrell C. Dethlefs, Esq. 3805 Market Street P.O. Box 368 Camp Hill, PA 17011 Attorney for Defendants :rc THOMAS A. ARCHER Attorney at Law PA~ I.D. # 73293 P.O. Box 5056 Han~burg Pennsylvania 17110 (717) 233-8676 Attorney for Plaintiff~ Cathy Crall Smith CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH Plaintiff(s), VS. SCOTT PUGH, d/b/a SCOTT BRADLEY AND COMPANY HAIR DESIGN and KWEI GORDON _Defendant(s). : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION-EQUITY : DOCKET NUMBER: 02-6102 NOTICE 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 Amended Complaint 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 Amended 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partier de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defenses o sns objeciones a law demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABADAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERtGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 2 THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 Harrisburg, Pennsylvania 17110 (717) 233-8676 Attorney f~r Plain6ff~ Cathy Crall Smith CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH ?tainti s), VS. SCOTT PUGH, d/b/a SCOTT BRADLEY AND COMPANY HAIR DESIGN and KWEI GORDON Defendant(s).. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : : CML ACTION-EQUITY : : DOCKET NUMBER: 02-6102 : AMENDED : VERIFIED COMPLAINT AND NOW COMES Plaintiff, Cathy Crall Smith, d/b/a/A Heavenly Touch, of 908 Bridge Street, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania, who brings this Amended Complaint against Defendants and alleges as follows: 1. Defendant, Scott Pugh, d/b/a Scott Bradley and Company Hair Design ("Bradley") is an adult individual and Pennsylvania residem operating and doing business as Scott Bradley and Company Hair Design, a salon and day spa with a principal place of business located at 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, Kwei Gordon ("Gordon"), is an adult individual and Pennsylvania residem.residing at 419 Geary Avenue, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania. 3. At all times herein, Defendant Bradley has operated a salon and day spa with services similar or identical to those offered by Plaintiff's business, A Heavenly Touch. 4. On or about December 3, 2002, Defendant Gordon was employed by Plaintiff as a manicurist. Defendant Gordon had been so employed for a period of more than two years. 5. On said date, Defendant Gordon advised Plaintiff that she would be taking a vacation of one week. Plaintiff agreed to this. 6. Defendant Gordon began her so-called "vacation" on December 4, 2002. 7. During Defendant Gordon's ostensible "vacation," she entered the Plaintiff's premises and removed items and information belonging solely to the Plaintiff, including but not limited to: a) two nail pushers; b) nail nippers; c) stork scissors; d) miscellaneous salon items; e) wooden box containing the names, addresses and telephone numbers of Plaintiff's clients; f) computer disk and "hard copy" comaining the names, addresses and telephone numbers of all Plaintiff's manicure clients. 8. Shortly thereafter, beginning on or about December 5, 2002, Plaintiff began receiving phone calls from a number of her clients, stating that those clients had been called by employees of Defendant Bradley, advising those clients that Defendant Gordon was now working for Bradley and that those clients should schedule any salon business with Bradley. 9. A number of these clients did, in fact, cancel their existing appointments with Plaintiff. Other clients have cancelled appointments without giving any reason therefore, also as a result of having been comacted by Defendants. 10. All of the aforementioned events occurred while Defendant Gordon was still in the employ of Plaintiff. 11. Plaintiff reasonably believes, and therefore avers, that Defendant Gordon converted the items descnq~ed in Paragraph 7 of this Complaint to her own use and the use of Defendant Bradley. 12. All of the actions taken by Defendant Gordon were done on behalf of Defendant Bradley and with Defendant Bradley's support and consent. 13. The client information taken and used by the Defendants is the confidential and proprietary property of the Plaintiff. 14. Plaintiff reasonably believes, and therefore avers, that Defendant Bradley used the client lists of Plaintiff to contact those clients for the purpose of intentionally diverting their business to Defendants, whereby Defendants have realized pecuniary gain and will continue to realize pecuniary gain in the future. 15. Plaintiff and her remaining employees are capable of providing Plaintiff's clients with the same manicure services previously provided by Defendant Gordon. 16. Plaintiff reasonably believes, and therefore avers, that Defendants have copied the proprietary client information of the Plaintiff and will continue to solicit Plaintiff's clients using this information in the fi~ture, all to the damage of the Plaintiff. 17. By correspondence by counsel dated December 9, 2002, Plaintiff demanded that Defendants immediately return all of the items taken from the Plaintiff and cease contacting Plaintiff's cliems. A tree and correct copy of the December 9, 2002 correspondence is attached hereto as Exlu~bit "A." 18. To date, Defendant Gordon has only returned the wooden box containing the names, addresses and telephone numbers of Plaintiff's clients. Defendants' continue to wrongfully detain the originals and any copies made of the remaining items wrongfiflly taken from the Plaintiffs. 19. Despite Plaintiff's demands, Defendants continue to contact Plaintiff's clients for the purpose of drawing those clients' business away from the Plaintiff. 20. The actions of the Defendants as described herein were taken intentionally and m~diciously, and have resulted in ongoing permanent actual economic loss to the Plaintiff, including the loss of income from the manicure clients, the loss of income form other services provided to those clients on a regular basis, and the referrals from those clients on a regular basis. 21. In addition to the direct economic loss suffered by the Plaintifl~ Defendants' actions aforesaid have caused and will continue to cause Plaintiff permanent consequential damages as a result of Plaintiff's inab'flity to conduct business while dealing with this matter, as well as Plaintiff's ongoing emotional distress. 22. Plaintiff has no adequate remedy at law to compensate Plaintiff for the harm 4 caused by the Defendants. COUNT I - INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS AND PROSPECTIVE ADVANTAGE 1. The allegations contained in Paragraphs 1-22 are incorporated herein by reference as though set forth at length. 2. The actions of the Defendants as described herein were undertaken intentionally and for the sole purpose to wrongfully divert Plaintiff's clients to Defendants, all to the damage of the Plaintiff. 3. The actions of the Defendants as described herein were taken without justification therefore and solely to injure the Plaintiff's business for the benefit of Defendants. 4. The actions of the Defendants as described herein have caused and will continue to cause Plaintiff actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providing services to Plaintiff's clients who have been comacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanemly enjoining Defendants from otherwise wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals from Plaintiff's client list 5 with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiff punitive damages, costs of this action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT II - UNFAIR COMPETITION 1. The allegations comained in Paragraphs 1-22 and the First Count are incorporated herein by reference as though set forth at length. 2. The Defendants intentionally and maliciously employed PlaintifFs confidential and proprietary client information for the purpose of harming Plaintiff's business for the benefit of the Defendants. 3. The actions of Defendants in systematically employing Plaintiff's confidemial and proprietary client information constitutes Defendants' Unfair Competition with PlaintifFs business. 4. The actions of the Defendants as described herein have caused and will continue to cause Plaintiff actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants from otherwise wrongfully diverting or interfering with the Plaintiff' s business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals from Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiff punitive damages, costs of this action and attorney's fees; and 7 h) Providing any other relief this Court deems just. COUNT 1II - THEFT OF TRADE SECRETS AND PROPRIETARY INFORMATION 1. The allegations contained in Paragraphs 1-22 and the First and Second Counts are incorporated herein by reference as though set forth at length. 2. The Defendants wrongfully, intentionally and maliciously stole Plaintiff's confidential and proprietary client information for the purpose of harming Plaintiff's business for the benefit of the Defendants. 3. The actions of Defendants in systematically stealing Plaintiff's confidential and proprietary client information constitutes Defendants' theft of Plaintiff's proprietary client information. 4. The actions of the Defendants as described herein have caused and will continue to cause Plaintiff actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants from otherwise wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals from Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs of this action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT IV - CONVERSION 1. The allegations contained in Paragraphs 1-22 and the First, Second and Third Counts are incorporated herein by reference as though set forth at length. 2. Defendants' actions in wrongfully detaining and employing for their own use Plaintiff's property constitute Defendants' wrongful conversion of those items, all to the damage of the Plaintiff. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the 9 purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintifws client lists; c) Permanently enjoining Defendants from otherwise wrongfully diverting or interfering with the Plaintiff s business relationship with Plaintiff s clients; d) Directing Defendants to contact all individuals from Plaintiffs client list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintiffs actual economic loss as result of Defendants' actions; g) Awarding Plaintiff punitive damages, costs of this action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT V - BREACH OF FIDUCIARY DUTy OF LOYALTY The allegations contained in Paragraphs 1-22 and the First, Second, Third and 10 Fourth Counts are incorporated herein by reference as though set forth at length. 2. Defendant Gordon, while employed by Plaintiff, has breached Defendant's Duty of Fiduciary Loyalty to Plaintiff by: a) Maliciously and intentionally diverting Plaintiff's clients to a competing business from which Plaintiffwould realize pecuniary gain while employed by Plaintiff; and b) Maliciously and intentionally providing Plaintiff's confidential and proprietary client information to a competing business from which Plaintiff would realize pecuniary gain while employed by Plaintiff. 3. Defendant's actions aforesaid have been intentional and malicious, all to the damage of the Plaintiff. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiffs client lists; c) Permanently enjoining Defendants from otherwise wrongfully diverting or interfering with the Plaintiffs business relationship with Plaintiffs clients; d) Directing Defendants to contact all individuals from Plaintiffs client list with whom Defendants have spoken for the purpose of canceling any 11 appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of PlaintiWs property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiff punitive damages, costs of this action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT VI - UNJUST ENRICHMENT 1. The allegations contained in Paragraphs 1-22 and the First, Second, Third, Fourth and Fifth Counts are incorporated herein by reference as though set forth at lengttz 2. The Defendants have been unjustly enriched at Plaintiff's expense as a result of the actions taken by the Defendants as described herein. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providing services to Plaintiff's 12 clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants fxom otherwise wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals f~om Plaintffi's client list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiff punitive damages, costs of this action and attorney's fees; and h) Providing any other relief this Court deems just. Dated: 1/22/03 By: Respectfully submitted, Tl~o{nas A. nrcher Attorney for Plaintiff 13 VERIFICATION I, Cathy Crall Smith, hereby verify that the statements made in this Verified Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made to the penalties of 42 Pa. C.S.A. §8371 et. seq. relating to unswom falsification to authorities. Crall Smith 14 THOMAS A. ARCHER Altomey at Law PA Altorney I.D. # 73293 P.O. Box 5056 Harrisl~lrg, pem~ylvania 17110 (717) 233-8676 ARorney for Plainti~ Cathy Crall Smil~ CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH Plaintiff(s), VS. SCOTT PUGH, d/b/a SCOTT BRADLEY AND COMPANY I4~IR DESIGN and KWEI GORDON _Defendant(s). : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY · CIVIL ACTION-EQUITY · DOCKET NUMBER: 02-6102 · CERTIFICATE OF SERViCE I, Thomas A. Archer, certify that the foregoing Amended Complaint was served upon the following via First-Class Mail: Kwei Gordon 419 Geary Avenue New Cumberland, PA 17070 And will be served upon the following via personal sheriff's service: Scott Pugh, d/b/a Scott Bradley & Co. Hair Design Dated: 2/7/03 By: ~A. Archer Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOROTHY J. WORMSER, Plaintiff V. ROBERT J. WORMSER Defendant No. 02-6158 CIVIL CIVIL ACTION - LAW PRAECIPE TO REINSTATE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reinstate the Writ of Summons in the above-captioned matter. January 30, 2003 By Respectfully submitted, ~iiii~°al' 71~9~16Esquire (717) 236-3141; FAX(717) 236-0791 Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-06102 P ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH CATHY CRALL DBA A HEAVEN VS BRADLEY SCOTT ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon PUGH SCOTT DBA SCOTT BRADLEY & CO the DEFENDANT at 1601 MARKET STREET , at 1517:00 HOURS, on the 14th day of February , 2003 CAMP HILL, PA 17011 by handing to SCOTT BRADLEY a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 9 66 00 10 00 00 37 66 Sworn and Subscribed to before me this 27~ day of J~ j~33 A.D. t~rothonot ary ' So Answers: R. Thomas Kline 02/19/2003 THOMAS ARCHER Deputy.~!~eri f f CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH, Plaintiff Mo SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEI GORDON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 02-6102 EQUITY TERM IN RE: PLAINTIFF'S PETITION FOR PRELIMINARY INJUNCTION PURSUANT TO R.C.P. 1531 ORDER OF COURT. AND NOW, this 7th day of March, 2003, this matter is transferred to the Honorable Kevin A. Hess for hearing on Thursday, March 13, 2003, at 9:30 a.m., in Courtroom No. 4, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Thomas A. Archer, Esq. P.O. Box 5056 Harrisburg, PA 17110 Attorney for Plaintiff Darrell C. Dethlefs, Esq. 3805 Market Street P.O. Box 368 Camp Hill, PA 17011 Attorney for Defendants ,3-/z>- 0.3 :rc THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 Harrisi~sn~ Penmylvania i 71 ! 0 (717) 233-8676 Atton~ f~ P~tiff C~y Cr~ Smith CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH Plaintiff(s), VS. SCOTT PUGH, d/b/a SCOTT BRADLEY AND COMPANY HAIR DESIGN and KWEI GORDON _Defendant(s). : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL ACTION-EQUITY : : DOCKET NUMBER: 02-6102 : : AMENDED : PETITON FOR PRELIMINARY : INJUNCTION PURSUANT TO : R.C.P. 1531 AND NOW COMES Plaintiff; Cathy Crall Smith, d/b/a/A Heavenly Touch, of 908 Bridge Street, New Cumberland, County of Cumberland, Commonwealth of Penrt~ylvania, who brings this Petition for Preliminary Injunction against Defendants and alleges as follows: 1. Defendant, Scott Pugh, d/b/a Scott Bradley and Company Hair Design ("Bradley") is an adult individual and Pennsylvania resident operating and doing business as Scott Bradley and Company Hair Design, a salon and day spa with a principal place of business located at 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth of Pennsylvanim 2. Defendant, Kwei Gordon ("Gordon"), is an adult individual and Pennsylvania resident residing at 419 Gcary Avenue, New Cumberland, County of Cumberland, Commonwealth of Penn~Ivania. 3. On or about De~ember 19, 2002, Plaintiff filed a Verified Complaint in Equity against Defendants, alleging Counts for Interference witlh Contractual Relations, Unfair Competition, Thc/t of Proprietary Information, Conversion, Breach of Duty corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede per&;r dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABADAGO 1MMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIClNA CUYA DIRECCION SE ENCUEN'rRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 2 THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 Harrisburg, Pennsylvania 17110 (717) 233-8676 Attorney for Plaintiff, Cathy Crall Smith CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH Petitioner(s), VS. SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEI GORDON Respondent(s). · IN THE COLrRT OF COMMON PLEA - DAUPHIN COUNTY, PENNSYLVANIA · CIVIL ACTIiON-EQUITy ' DOCKET NUMBER: VERIFIED COMPLAINT AND NOW COMES Plaintiff, Cathy Crall Smith, d/b/a/A Heavenly Touch, of 908 Bridge Street, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania, who brings this Complaint against Defendants and alleges as follows: 1. Defendant, Scott Bradley ("Bradley") is an adult individual and Pennsylvania resident operating and doing business as Scott Bradley & Company, a salon and day spa with an address of 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth of Pennsylvanim 2. Defendant, Scott Bradley & Company ("Bradley & Co."), through information and belief~ is a Pennsylvania Corporation or, alternatively, a trade name for Scott Bradley and operates as a salon and day spa with an address of 1601 Market Street, Camp Hill, County of Cumberland, Commonwe;flth of Pennsylvania. Defendant, Kwei Gordon ("Gordon"), is an adult individual and Pennsylvania o o resident residing at 419 Geary Avenue, New Cumberl~x~d, County of Cumberland, Commonwealth of Pennsylvania. At all times herein, Defendants Bradley and Bradley & Co. have operated a salon and day spa with services s'mfilar or identical to those offered by Plaintiff's business, A Heavenly Touch. On or about December 3, 2002, Defendant Gordon was employed by Plaintiff as a manicurist. Defendant Gordon had been so employed :for a period of more than two years. On said date, Defendant Gordon advised Plaintiff that she would be taking a vacation of one week. Plaintiff agreed to this. Defendant Gordon began her so-called "vacation" on December 4, 2002. During Defendant Gordon's ostens~le "vacation,' she entered the Plaintiff's premises and removed items and information belonging: solely to the Plaintiff, including but not limited to: a) two nailpushers; b) nail nippers; c) stork scissors; .... d) miscellaneous salon items; e) wooden box containing the names, addresses and telephone numbers of Plaintiff's clients; f) computer disk and "hard copy" containing the ~arnes, addresses and 2 telephone numbers of all Plaintiff's manicure clients. 9. Shortly thereafter, beginning on or about December 5, 2002, Plaintiff began receiving phone calls from a number of her clients, stating that those clients had been called by employees of Defendants Bradley and Bradley &.Co., advising those clients that Defendant Gordon was now working for Bradley & Co. and that those clients should schedule any salon business with Bradley & Co. 10. A number of these cliems did, in fact, cancel their existing appointments with Plaintiff. Other clients have cancelled appointments Without giving-any reason therefore, presumably also as a result of having been c~>ntacted by Defendants. - 11. All of the aforementioned events occurred while Defentdant Gordon was still in the employ of Plaintiff. 12. Plaintiff reasonably believes, and therefore avers, that Defendant Gordon converted the items descn'bed in Paragraph 7 of this Complaint to her own use and the use of Defendants Bradley and Bradley & Co. 13. The client information taken and used by the Defendants is the confidential and proprietary property of the Plaintiff. 14. Plaintiff reasonably believes, and therefore avers, that Defendants Bradley and Bradley & Co., used the client lists of Plaintiffto contact those clients for the purpose of intentionally diverting their business to Det~mdants, whereby Defendants have realized pecuniary gain and will continue to realize pecuniary gain in the future. 3 15. Plaintiff and her remaining employees are capable of providing Plaintiff's cliems with the same manicure services previously provided by Defendant Gordon. 16. Plaintiff reasonably believes, and therefore avers, that iDefendants have copied the proprietary client information of the Plaintiff and will continue to solicit Plaintiff's clients using this information in the future, all to the damage of the Plaintiff. 17. By correspondence by counsel dated December 9, 2002, Plaintiff demanded that Defendants immediately return all of the items taken fi'om the Plaintiff and cease comacting Plaintiff's clients. A tree and correct copy of the December 9, 2002 correspondence is attached hereto as Extu~oit "A.' 18. To date, Defendant Gordon has only returned the wooden box comaining the names, addresses and telephone numbers of Plaintiff's clients. Defendants' continue to wrongfully detain the originals and any copies made of the remaining items wrongfully taken from the Plainti~_, 19. Despite Plaintiff's demands, Defendants continue to contact Plaintiff's clients for the purpose of drawing their business away from the Plaintiff. 20. The actions of the Defendants as descn'bed herein were taken intentionally and maliciously, and have resulted in ongoing permanent a~:mal economic loss to'the Plaintiff, including the loss of income from the manicm'e clients, the loss of income form other services provided to those clients on a regular basis, and the referrals from those clients on a regular basis. 21. In addition to the direct economic loss suffered by the Plaintiff, Defendants' 4 actions aforesaid have caused and will continue to camde Plaintiff permanent consequential damages as a result of Plaintiff's inability to conduct business while dealing with this matter, as well as Plaintiff's ongoing emotional distress. 22. Plaintiffhas no adequate remedy at law to compensate Plaintiff for the harm caused by the Defendants. COUNT I - INTENTIONAL INTERFERENCE WITH CONTRACTUAl. RELATIONS AND PROSPECTIVE ADVANTAGE 1. The allegations contained in Paragraphs 1-22 are incorporated herein by reference as though set forth at length. 2. The actions of the Defendants as desen'bed herein were undertaken intentionally and for the sole purpose to wrongfully divert Plaintiff's clients to Defendants, all to the damage of the Plaintiff. 3. The actions of the Defendants as descnt~ed herein were taken without justification therefore and solely to injure the Plaintiff's business fox' the benefit of Defendants. 4. The actions of the Defendants as descnt~ed herein have caused and will eominue to cause Plaintiff actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order from this Honorable court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providh~ services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's 5 access to Plaintiff's client lists; c) Permanently enjoining Defendants from otherwise wrongfully diverting or interfering with the Plaintiff's business relatiomlhip with Plaintiff's clients; d) Directing Defendants to contact all individuals from Plaintiff's client list with whom Defendants have spoken for the pm.pose of canceling any appointmems or services scheduled as a result of Defendant's WrOngful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiff punitive damages, costs of t]his action and attorney's fees; and h) Providing any other relief this Court deems just:. COUNT II - UNFAIR COMPETITION 1. The allegations contained in Paragraphs 1-22 and the First Count are incorporated herein by reference as though set forth at length. 2. The Defendants intentionally and maliciously employed[ Plaintiff's confidential and Proprietary client information for the purpose ofharn~g Plaintiff's business for 6 the benefit of the Defendants. 3. The actions of Defendants in systematically employing Plaintiff's confidential and proprietary client information constitutes Defendants' Unfair Competition with Plaintiff's business. 4. The actions of the Defendants as described herein have: caused and will continue to cause Plaintiff'actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from comacfing Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providing services to Plaintiff's clients who have been contacted by Defendants; as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants from otherwise wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals :from Plaintiff's client list with whom Defendants have spoken for the pmrpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; 7 f) Awarding Plaintiff money damages for Plaintiff s actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs of tiffs action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT HI - THEFT OF TRADE SECRETS AND PROPK[ETARY INFORMATION 1. The allegations contained in Paragraphs 1-22 and the First and Second Counts are incorporated herein by reference as though set forth at length. 2. The Defendants wrongfully, intentionally and maliciously stole Plaintiff's confidential and proprietary client information for the purpose of harming Plaintiff's business for the benefit of the Defendants. 3. The actions of Defendants in systematically stealing Plzdntiff's confidential and proprietary client information constitutes Defendants' theft of Plaintiff's proprietary client information. 4. The actions ofthe Defendants as descn~oed herein have caused and will continue to cause Plaintiff actual economic loss and damages.' "' WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a). Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; · b) Permanently enjoining Defendants from providing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants ~om otherwise wrongfully diverting or interfering with the Plaintiff's business relatiomhip with Plaintiff's clients; d) Directing Defendants to contact all individuals from Plaintiff's client list with whom Defendants have spoken for the pml~ose of canceling any appointments or services SCheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintitt's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintift's actual economic loss as result of Defendants' actions; g) Awarding Plaintiff punitive damages, costs ofl~his action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT IV - CONVERSION The allegations contained in Paragraphs 1-22 and the First,. Second and Third Counts are incorporated herein by reference as though set forth at length. Defendants' actions in wrongfully detaining and employing for their own use 9 Plaintiff's property constitute Defendants' wrongful conversion of those items, all to the damage of the Plaintiff. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants from otherwise wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiffs clients; d) Directing Defendants to contact all individuals from Plaintiffs client list with whom Defendants have spoken for the pmT~ose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiffs client lists; e) Directing Defendants to return all of Plaintiffs property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; ..... f) Awarding Plaintiff money damages for PlaintifFs actual economic loss as result of Defendants' actions; g) Awarding Plaintiff punitive damages, costs of this action and attorney's fees; and 10 h) Providing any other relief this Court deems just. COUNT V - BREACH OF FIDUCIARY DUTY OF LOYALTY 1. The allegations comained in Paragraphs 1-22 and the First, Second, Third and Fourth Counts are incorporated herein by reference as 'though set forth at length. Defendant Gordon, while employed by Plaintiff; has breached Defendant's Duty of Fiduciary Loyalty to Plaintiff by: a) Maliciously and intemionally diverting PlaintiWs clients to a competing business from which Plaintiff would realize pecuniary gain while employed - by Plaintiff; and b) Maliciously and intentionally providing Plaintiff's Confidential and proprietary client information to a competing business from which Plaintiff would realize pecuniary gain while employed by Plaintiff. 3. Defendant's actions aforesaid have been intentional and malicious, all to the damage of the Plaintiff. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from comacfing Plaintiff's clients for the purpose of diverting those clients' business to l~fendants; b) Permanently enjoining Defendants from provid!ing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; 11 c) Permanently enjoining Defendants from otherwise wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals from Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any appOintments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to remm all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiffmoney damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs oftlhis action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT VI - UNJUST ENRICHMENT 1. The allegations comained in Paragraphs 1-22 and. the First~ Second, Third, Fourth and Fifth Counts are incorporated herein by reference as though set forth at length. 2. The Defendants have been unjustly enriched at Plahatiff's expense as a result of the actions taken by the Defendants as described herein. 12 WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently'enjoining Defendants from providing services to Plaintiff's clients who have been eomacted by Defendants', as a result of Defendant's access to Plaintiff's client lists; e) Permanently enjoining Defendants from otherwise wrongfully diverting or interfering with the Plaintiffs business relationship with Plaintiffs clients; d) Directing Defendants to contact all individuals from Plaintiffs client list with whom Defendants have spoken for the pmrpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiffs client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiffmoney damages for PlaintifFs actual economic loss as result of Defendants' actions; ... g) Awarding Plaintiffpunitive damages, costs of[his action and attorney's fees; and h) Providing any other relief this Court deems juvt. 13 Dated: 12/18/02 Respectftflly submitted, Th~n/~/~. Archer Attorney for Plaintiff 14 VERIFICATION I, Cathy Crall Smith, hereby verify that the statements made in. this Verified Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made to the penalties of 42 Pa. C.S.A. §8371 et. seq. relating to unswom falsification to authorities. Date: 12/18/02 Crall Smith 13 CATHY CRALL SMITH dfo/a A HEAVENLY TOUCH, Petitioner SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEI GORDON, Respondents COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02- 6102 Equity Ter~ CIVIL ACTION - EQUITY ',t J1 RESPONDENTS' pRELIMINARY OBJE.CTIONS TO THE COMPLAINT a. ndPRELIMINARY INJUNCTION OF CATHY CRALL SMITH D ./B/A HEAVENLY TOUCH 1. The Petitioner filed a Complaint against Scott Bradley, Scott Bradley & Company and Kwei Gordon. 2. Paragraph 1 of the Complaint and Preliminary Injunction indicate that "Defendant, Scott Bradley ('Bradley') is an adult individual and Pennsylvania resident operating and doing business as Scott Bradley & Company, a salon and day spa with an address of 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania." 3. There is no individual named "ScOtt Bradley". 4. Paragraph 2 of the Complaint and Preliminar.~, Injunction indicate that "Defendant, Scott Bradley & Company ('Bradley & Co.'), through information and belief, is a Pennsylvania Corporation or, alternatively, a trade name for Scott Bradley and operates as a salon and day spa with an address of 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania." 5. "Scott Bradley'& Co." is not a Pennsylvania Corporation. 6. The Respondents are filing these preliminary objections pursuant to Pennsylvania Rule of Civil Procedure 1028. 7. The Plaintiff/Petitioner has not identified the correct parties. WHEREFORE, the Respondents request judgment in their favor and against the Petitioner/Plaintiff. Darrell C. Dethlefs, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717') 975 - 9446 Atty Id. No. 58805 CATHY CRALL SMITH d/b/a A HEAVENLY TOUCH, Petitioner COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02 .- 6102 Equity Term SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEi GORDON, Respondents CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE !, Darrell C. Dethlefs, Esquire, do hereby certify that on this j.¥4,, day of ,2003, ! did serve a true and correct copy of the foregoing document on ali counsel of record by depositing a copy of the same in the United states mail,.first class postage prepaid, addressed to: Thomas A. Archer, ESquire PiO. Box 5056 Harrisburg, PA 17110 c' Darrell C. Dethlefs, EsqUire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975- 9446 Arty Id. No. 58805 THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 Harrisburg, P~nnsylvania 17110 (717) 233-8676 Attorney for Plaintiff~ Cathy Crall Smith CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH Plaintiff(s), VS. SCOTT PUGH, d/b/a SCOTT BRADLEY AND COMPANY HAIR DESIGN and KWEI GORDON Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERL,~D COUNTY EQUITY CIVIL ACTION ~,. DOCKET NUMBER: u.~ mu,~..:-n~-~'~'~-' :::: :: '~:~'~ ~ _ - :: NOTICE 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 Amended Complaint 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 ease may proceed without you and a judgment may be entered against you by the Corot without further notice for any money claimed in the Amended 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 LAWYER REFERRAL SERVICE Cum~rland County Bar Association ~ 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partier de la fecha de ia demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o per abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a law demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo arise o notificacion y per cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABADAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUEN'rRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAl. ~;ERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 2 THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 Harrislmrg, Pennsylvania 171 I0 (7 ! 7) 233-S676 Attorney for Plaintiff; Cathy Crall Smith CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH Plaintiff(s), VS. SCOTT PUGH, d/b/a SCOTT BRADLEY AND COMPANY HAIR DESIGN and KWEI GORDON Defendant(s).. · IN FHE COURT OF COMMON PLEAS · CUMBERLAND COUNTY · cIVIL ACT]iON-EQUITY · DOCKET NUMBER: 02-6102 · AMENDED · VERIFIED COMPLAINT AND NOW COMES Plaintiff, Cathy Crall Smith, d/b/a/A Heavenly Touch, of 908 Bridge Street, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania, who brings this Amended Complaint against Defendants and alleges as follows: Defendant, Scott Pugh, d/b/a Scott Bradley and Company Hair Design ("Bradley") is an adult individual and Pennsylvania resident operating and doing business as Scott Bradley and Company Hair Design, a salon and day spa with a principal place of business located at 1601 Market Street, Camp Hill, County of o Cumberland, Commonwealth o f Pennsylvania. Defendant, Kwei Gordon (i~Gordon"), is an adult individual and Pennsylvania resident residing at 419 Geary Avenue, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania~ At all times herein, Defendant Bradley has operated a salon and day spa with services similar or identical to those offered by Plaintiff's business, A Heavenly Touch. 4. On or about December 3, 2002, Defendant Gordon we~ employed by Plaintiff as a manicurist. Defendant Gordon had been so employed for a period of more than two years. 5. On said date, Defendant Gordon advised Plaintiff that she would be taking a vacation of one week. Plaintiff agreed to this. 6. Defendant Gordon began her so-called "vacation" on December 4, 2002. 7. During Defendant Gordon's ostens~le "vacation," she: entered the Plaintiff's premises and removed items and information belonging solely to the Plaintiff, including but not limited to: a) two nail pushers; b) nail nippers; c) stork scissors; d) miscellaneous salon items; e) wooden box containing the names, addresses ea~d telephone numbers of Plaintiff's clients; f) computer disk and "hard copy" containing the; names, addresses and telephone numbers of all Plaintiffs manicure clients. 8. Shortly thereafter, beginning on or about December 5, 2002, Plaintiff began receiving phone calls from a number of her clients, staling that those clients had been called by employees of Defendant Bradley, advising those clients that Defendant Gordon was now working for Bradley and that those clients should schedule any salon business with Bradley. 9. A number of these clients did, in fact, cancel their existing appointments with Plaintiff. Other clients have cancelled appointments without giving any reason therefore, also as a result of having been contacted by Defendants. 10. All of the aforementioned events occurred while Defendant Gordon was still in the employ of Plaintiff. 11. Plaintiff reasonably believes, and therefore avers, that Defendant Gordon converted the items descrl'oed in Paragraph 7 of this Complaint to her own use and the use of Defendant Bradley. 1'2. All of the actions taken by Defendant Gordon were done on behalf of Defendant Bradley and with Defendant Bradley's support and cousent. 13. The client information taken and used by the Defendants is the confidential and proprietary property of the Plaintiff. 14. Plaintiff reasonably believes, and therefore avers, that Defendant Bradley used the client lists of Plaintiff to contact those clients for the purpose of intentionally diverting their business to Defendants, whereby Defen,~ants have realized peeurfiary gain and will co~inue to realize pecuniary gain in the future. 15. Plaintiff and her remaining employees are capable of providing Plaintiff's clients with the same manicure services previously provided by Defendant Gordon. 16. Plaintiff reasonably believes, and therefore avers, that iDefendants have copied the proprietary client information of the Plaintiff and will continue to solicit Plaintiff's clients using this information in the future, all to the damage of the Plaintiff. 17. By correspondence by counsel dated December 9, 2002, Plaintiff demanded that : Defendants mediately return all of the items taken fi.om the Plaintiff and cease contacting Plaintiff's clients. A tree and correct copy of the December 9, 2002 correspondence is attached hereto as Extu'bit "A." 18. To date, Defendant Gordon has only returned the wooden box containing the names, addresses and telephone numbers of Plaintiff's clients. Defendants' continue to wrongfully detain the originals and any copies made of the remaining items wrongfully taken fi.om the Plaintiffs. 19. Despite Plaintiff's demands, Defendants continue to contact Plaintiff's clients for the purpose of drawing those clients' business away fi.om the Plaintiff. 20. The actions of the Defendants as described herein were taken intentionally and maliciously, and have resulted in ongoing permanent actual economic loss to the Plaintiff, including the loss of income fi.om the manicure clients, the loss of income form other services provided to those clients on a regtflar basis, and the referrals fi.om those clients on a regular basis. 21. In addition to the direct economic loss suffered by the Plaintiff, Defendants' actions aforesaid have caused and will continue to cause Plaintiff permanent consequential damages as a result of Plaintiff's inability to conduct business while dealing with this matter, as well as Plaintiff's ongoing emotional distress. 22. Plaintiff has no adequate remedy at law to compensate Plaintiff for the harm 4 caused by the. Defendants. COUNT I - INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS AND PROSPECTIVE ADVANTAGE 1. The allegations comained in Paragraphs 1-22 are incox~porated herein by reference as though set forth at length. The actions of the Defendants as described herein were undertaken intemionally and for the sole purpose to wrongfully divert Plaintiff',,; clients to Defendants, all to the damage of the Plaintiff. The actions of the Defendants as described herein were taken without justification therefore and solely to injure the Plaintiff's business for the benefit of Defendants. The actions of the Defendants as described herein have caused and will cominue to cause Plaintiff actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providing services to Plaintiff's clients who have be~n contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants l~om othemrise wrongfully diverting or interfering with the Plaintiff's business relatiomhip with Plaintiff's cliems; d) Directing Defendants to contact all individuals from Plaintiff's client list o o with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintif?s actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs of this action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT II - UNFAIR COMPETITION 1. The allegations contained in Paragraphs 1-22 and the First Count are incorporated herein by reference as though set forthat length. 2. T~e Defendants intemiona~ and maliciously employed Plaintiff's cortfidemial and proprietary client information for the purpose 0fharming Plaintiff's business for the benefit of the Defendants. 3. The actions of Defendants in systematically employing Plaintiff's confidential and proprietary client information constitutes Defendants' Unfair Competition with Plaintiff's business. 6 4. The actions of the Defendants as described herein have caused and will continue to cause Plaintiff actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to ]Defendants; b) Permanemly enjoining Defendants from providing services to Plaintiff's cliems who have been comacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants from otherwise wrongfully diverting or interfering with the Plaintiff's business relatiortship with Plaintiff's clients; d) Directing Defendants to contact all individuals from Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to remm all of Plaintiff's property and proprietary ? information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs of~Ihis action and attorney's fees; and h) Providing any other relief this Court deems just:. COUNT III -.~THEFT OF TRADE SECRETS AND PROPRXETARY INFORMATION 1. The allegations contained in Paragraphs 1-22 and the First and Second Counts are incorporated herein by reference as though set forth at length. 2. The Defendants wrongfully, intemionally and malieiou:sly stole Plaintiff's confidemial and proprietary client information for the purpose of harming Plaintiff's business for the benefit of the Defendants. 3. The actions of Defendants in systematically stealing Phintiff's confidential and proprietary client information constitutes Defendants' theft of Plaintiff's proprietary client information. 4. The actions of the Defendants as described herein have caused and will continue to cause Plaintiff actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from eomacting Plaintiff's clients for the ! purpose of diverting those clients' business to ]Defendants; ..~ b) permanently enjoining Defendants from providing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants from otherurise wrongfully diverting or interfering with the Plaintiff's business relatiortship with Plaintiff's clients; d) Directing Defendants to contact all individuals fi,om Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's:Wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiffmoney damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiff'punitive damages, costs oftlhis action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT IV - CONVERSION 1. The allegations contained in Paragraphs 1-22 and the Fkst, Second and Third Counts are incorporated herein by reference as though set forth at length. 2. Defendants' actions in wrongfully detaining and emplo:fing for their own use Plaintiff's property constitute Defendants' wrongful co:aversion of those items, all to the dm_age of the Plaintiff. WHEREFORE, Plaintiff'seeks an Order fi,om this Honorable Court: a) Permanently enjoining Defendants from comacting Plaintiffs clients for the 9 purpose of diverting those clients' business to Defendants; b) Perm~anently enjoining Defendants from providing services to Plaintiff's clients who have been txmtacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants fi'om otherwise wrongfully diverting or interfering with the PlamtitFs business relationship with Plaintiff's clients; d) Directing Defendants to comaet all individuals fi'om Plaintiff's cliem list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f). Awarding Plaintiff money damages for Plaintiff's actual economic loss as result of Defendants' actions; ! g) Awarding Plaintiff punitive damages, costs of this action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT V - BREACH OF FIDUCIARY DUTy OF LOYALTY The allegations contained in Paragraphs 1-22 and the First, Second, Third and 10 Fourth Counts are incorporated herein by reference as though set forth at length. 2. Defendant Gordon, while employed by Plaintiff, has breached Defendant's Duty of FidUciary Loyalty to Phintiffby: a) Maliciously and intentionally diverting Plaintiff's clients to a competing business fiom which Plaintiffwould realize pectmiary gain while employed by Plaintiff; and b) Maliciously and intentionally providing Plaintifl, s confidential and proprietary client information to a competing business fiom which Plaintiff would realize pecuniary gain while employed by Plaintiff. 3. Defendant's actions aforesaid have been intentional and malicious, all to the damage of the Plaintiff. WHEREFORE, Plaintiff seeks an Order l~om this Honorable Court: a) Permanently enjoining Defendants fiom contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants fiom provid~ag services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's?lient lists; c) Permanently enjoining Defendants fiom otherwi% wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals fiom Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any ll appointments or Services scheduled as a result ,of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary' information to Plaintiff'and further directing Defendants to destroy all copies or reproduetion of this information; f) Awarding Plaintiff money damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs of this action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT VI - UNJUST ENRICHMF. NT 1. The allegations contained in Paragraphs 1-22 and' the First, Second, Third, Fourth and Fifth Counts are incorporated herein by reference as though set forth at length. ! 2. The Defendants have been unjustly enriched at Plaimiff's expense as a result of h~ the actions taken by t e Defendants as described herein. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants fi:om providing services to Plaintiff's 12 Dated: 1/22/03 clients who have been contacted by Defendants'. as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants fi.om otherw/se wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals fi:om Plaintiff's client list with whom Defendants have spoken for the pm~pose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs of this action and attorney's fees; and ? h) Providing any other relief this Court deems just: Respectfully submitted, Tl{rfmas A. Archer Attorney for Plaintiff 13 VERIFICATION I, Cathy Crall Smith, hereby verify that the statemems made in this Verified Complaint are true and correct to the best of my knowledge~ information and belief. I understand that false statements made herein are made to the penalties of 42 Pa. C.S.A. {}8371 et. seq. relating to unswom falsification to authorities. Cr,~ Smith 14 HOMI~ A. ARCHER .tton~y at Law Attorney LD. # 73293 .O. Bnx 50.~ I~ ~76 2ATHY CRALL SMITH, d/b/a HEAVENLY TOUCH SCOTT PUGI-L d/h/a SCOTT BRADLEY AND' COMPAY4-Y HAIR DESIGN and KWEI GORI3~N · IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY : - CIVIL ACTION-EQUITY : DOCKET NUMBER: 02-6102 : CERTII~C~TE OF SERVICE I, Thomas A. Archer, eerthey that the foregoing ~ Complaint was served upon the following via First-Class Ma~ Kwei Gordon 419 Geary Avenue New C~land, PA 17070 And will be served upon the following via personal sheriff's serve: Scott Pugh, d/b/a Scott Bradley & Co. Hair Desitin Attorney for Plaintiff · Fro : 03/I)5/2003 ]2:34 P.002/002 SHERIFF ' S RETURN CASE NO: 2002-06102 P COF~MONWEALTIi OF PENNSYI~VANIA: COUNTY OF CUMBERLAND SMITH 'CATHY CRALL DBA A H~AVW. N VS BRADLEY SCOTT ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, ~he within COMPLAINT - EQUITY was served upon .PUGH SCOTT DBA SCOTT BRADLEY & CO the DEFENDANT at 1601 ~RKET STREET , at 1517:00 HOURS, on the 14th day of February , 2003 CAMP HILL, PA 17011 by handing to SCOTT BRADLEY a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents .thereof. / Sheriff's Costs: Docketing Service Affidavit Surcharge i8 00 9 66 00 10 00 00 37 66 Sworn and 'Subscribed to before me this .day 'of- A.D. R. Thomas Kline 02/1~12003 THOMAS ARCHER Deputy ~F~eri f f - Pro~honotary JERSEY OFFICE: 80 COTTONTAIL LANE P.O. BOX 6317 SOMERSET, NJ 08873 (732) 469-9698 FAX: (732) 469-5273 THOMAS A. ARCHER ATTORNEY AT LAW 2654 N. SECOND STREET P.O. BOX 5056 HARRISBURG, PENNSYLVANIA 17110-0056 (717) 233-8676 FAX: (717) 233-8675 ttFch~mindsprJng.com MEMBER PENNSYLVANIA AND NEW JERSEY BARS December 9, 2002 Via Certified and First-Class Mail Scott Bradley & Co. Atto: Mr. Scott Bradley 1601 Market Street Camp Hill: PA 17011-4818 RE: Cathy Crall Smith / Kwei Gordon Dear Mr. Bradley: Please be advised that Cathy Crall Smith has retained this office regarding your company's unlawful interference with Ms. Crall Smith's business rehtionship with her clients. Various clients of Ms. Crall Smith's have recently advised her that Kwei Gordon and Scott Bradley & Co. have contacted them for the purpose of diverting their business to Scott Bradley & Co. This is apparently the result of Ms. Gordon's unlawful taking of MS. Crall' Smith's cliem list for her business, A Heavenly Touch, following Ms. Gordon's abandonment of her employment~fth.4 Heavenly Touch. MS. Cmll Smith has already filed for criminal charges against MS. Gordon in connection with Ms. Gordon's theft of manicure supplies, client records and other items owned by Ms. Crall Smith. It is Ms. Crall Smith's understanding that Ms. Gordon has taken these items and information to your company, where site is now employed as a manicurist. The reports from MS. Crall Smith's valued clients obviously lead us to the conclusion that MS. Gordon and Scott Bradley & Co. have uadertaken the task of contacting these clients in order to divert their business to your company. Ms. Gordon's actions, as well as those of Scott Bradley & Co., constitute blatant and unlawful interference with Ms. Crall Smith's economic advantage and further constitute tortuous interference with Ms. Crall Smith's business. Ms. Crall Smith intends to vigorously prosecute any and all available civil and/or criminal claims available against Kwei Gordon and Scott Bradley & Co. in order to stop this activity and to seek restitution therefore. Mr. Scott Bradley December'9, 2002 Page Two Ms. Crall'Smith demands that Kwei Gordon and Scott Bradley & Co. immediately cease and desist from contacting any and all individuals gleaned from .4 Heavenly Touch ~ Trots produced by Ms. Gordon, as well as any clients of.4 Heavenly T~..,ch~th~~have been4n may~vay identified Joy Ms: Gordon. Ms. Crall Smith fi~ther den-amds~,at KweiC_nmton and-scott B~ & Co. immediately return all nail equipmem and other supplies converted by Ms. Gordon, as well as ali etient lists taken by Ms. Gordon fi.om.4 Heavenly Touch.: These eYmnt ~ts include bo/It those contained on computer disk and hardeopy. _Further, Kwei Gordo~and Scott ~ & Co. are specifiea~d -e~.to41estrey att-olec~¢, ~or anyx~cr copies or similar In the event Kwei Gordon and Scott Bradley & Co. de, not immediately cease fi.om contacting Ms. Crall. Smith:s cliellts and do not return alt of the aforementioned 'gems by Friday, December 13, 2002, I have been autho~ mille for an injunction to con~l the enforcement ofthese d~ In such event, Ms. Crall Snfith will hold Kwei Gordon and Scott BradleY & Co~ .responsible for her attorneys' fees, costs of suit and her actual economic loss. P~ be advised further ~eveia if-Kv~ei Gordon and Scott Bradley & Co. comply with these dem~--~Is as stated, MS. Crall Smith may have already sttffered irrevocable economic damage as a resak of the,actions stated l~fin. As such, it may .already be necessary for MS. Crall Smith to file suit against Kwei Gordon and Scott Bradley & Co. for economic damagesSo her business that have not- yet been realized. Please be -guided accordingly. Very truly yours, TAA/ Cc: Ms. Cathy Crall Smith THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P,O. Box 5056 Hanislmvg, Pennsylvania 17110 (717) 2334676 ~ for Piainfi~ Cathy Cmli Smith CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH Plaintiff(s), VS. SCOTT PUGH, d/b/a SCOTT BRADLEY AND COMPANY HAIR DESIGN and KWEI GORDON _Defendant(s). · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY · CIVIL ACTION-EQUITY DOCKET NU2~ER: 02-6102 CERTIFICATE OF SERVICE I, Thomas A. Archer, certify that the foregoing Amended Petition was served upon the following via First-Class Mail: Kwei Gordon 419 Geary Avenue New Cumberland, PA 17070 Scott Pugh, d/b/a Scott Bradley and Company Hair Design 1601 Market Street Camp Hills PA 17011 Dated: 3/5/03 By: Attorney for Plaintiff THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 ~ Pennsylvania 17110 (717) 233-8676 AU~n~ ~r ~h~i~ Ca*y Cnm Smi~ CATHY CRALL SMITH, d/b/a : A HEAVENLY TOUCH ' Plaintiff(s), ' VS. SCOTT PUGH, d/b/a SCOTT BRADLEY AND ' COMPANY HAIR DESIGN and KWEI GORDON ' _Defendant(s).. IN THE COURT OF COMMON PLEAS CUMBE~~ COUNTY CIVIL ACTION-EQUITY DOCKET NUMBER: 02-6102 AMENDED PETITON FOR PRELIMINARY INJUNCTION PURSUANT TO 1LC.P. 1531 AND NOW COMES Plaintiff; Cathy Crall Smith, d/b/a/A Heavenly Touch, of 908 Bridge Street, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania, who brings this Petition for Preliminary Injunction against Defendants and alleges as follows: 1. Defendant, Scott Pugh, d/b/a Scott Bradley and Compm~ Hair Design ("Bradley") is an adult individual and Pennsylvania resident operat~g and doing business as Scott Bradley and Company Hair Design, a salon and clay spa with a principal place of business located at 1601 Market Street, Camp ]Hill, County of Cumberland, Commonwealth of Pennsylvanim 2. Defendant, Kwei Gordon ("Gordon"), is an adult individual and Pennsylvania resident residing at 419 Geary Avenue, New CumbcrlaM, County of Cumberland, Commonwealth of Pennsylvania. 3. On or about December 19, 2002, Plaintiff filed a Verified Complaint in Equity against Defendants, alleging Counts for Interference with Contractual Relations, Unfair Competition, Theft of Proprietary Information, Conversion, Breach of Duty THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 ttmisbu~ Pnmsylvania 17110 (717) 233-8676 Attorney got P~aimi'"~ Cathy CmH Smit~ CATHY CRALL SMITH, d/b/a : A HEAVENLY TOUCH : Phtintiff(s), : VS. .. SCOTT PUGH, d/b/a SCOTT BRADLEY AND : COMPANY HAIR DESIGN and KWEI GORDON : : _Defendant(s). : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-EQUITY DOCKET NUMBER: 02-6102 AMENDED PETITON FOR PRELIMINARY INJUNCTION PURSUANT TO R.C.P. 1531 AND NOW COMES Plaintiff; Cathy CraH Smith, d/b/a/A Heavenly Touch, of 908 Bridge Street, New Cumberland, County of Cumberland, Commonwe~tlth of Pennsylvania, who brings this Petition for Preliminary Injunction against Defendants and alleges as follows: Defendant, Scott Pugh, d/b/a Scott Bradley and Company Hair Design ("Bradley") is an adult individual and Pennsylvania resident operating and doing business as Scott Bradley and Company Hair Design, a salon and chty spa with a principal place of business located at 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, Kwei Gordon ("Gordon"), is an adult individual and Pennsylvania resident residing at 419 Geary Avenue, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania. On or about December 19, 2002, Plaintiff fled a Verified Complaint in Equity against Defendants, alleging Counts for Interference with Contractual Relations, Unfair Competition, Theft of Proprietary Information, Conversion, Breach of Duty corte tomara medidas y puede entrar una Orden contra uSted sin previo aviso o notificacion y por cualquier queja o alivio que es pedJdo en la peticion de demanda. Usted puede perd~,'r dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABADAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 2 THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 Harrisburg, Pennsylvania 17110 (717) 233-8676 Attorney for Plaintiff, Cathy Crall Smith CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH Petitioner(s), VS. SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEI GORDON Respondent(s). IN THE COURT OF COMMON PLEA DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION-EQUITy DOCKET NUMBER: VERIFIED COMPLAINT AND NOW COMES Plaintiff, Cathy Crall Smith, d/b/a/A Heavenly Touch, of 908 Bridge Street, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania, who brings this Complaint against Defendants and alleges as follows: 1. Defendant, Scott Bradley ("Bradley") is an adult indiviclual and Pennsylvania resident operating and doing business as Scott Bradley & Company, a salon and day spa with an address of 1601 Market Street, Camp//Jill, County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, Scott Bradley & Company ("Bradley & Co."), through information and belief~ is a Pelmsylvania Corporation or, alternatively, a ~Irade name for Scott Bradley and operates as a salon and day spa with an address of 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania. 3. Defendant, Kwei Gordon ("Gordon"), is an adult individual and Pennsylvania o o resident residing at 419 Geary Avenue, New Cumberland, County of Cumberland, Con-anonwealth of Pennsylvania. At all times herein, Defendants Bradley and Bradley & Co. have operated a salon and day spa with services similar or identical to those offered by Plaintiff's business, A Heavenly Touch. On or about December 3, 2002, Defendant Gordon was employed by Plaintiff as a manicurist. Defendant Gordon had been so employed for a period of more than two years. On said date, Defendant Gordon advised Plaintiff that she would be taking a vacation of one week. Plaintiff agreed to this. Defendant Gordon began her so-called "vacation" on December 4, 2002. During Defendant Gordon's ostens~le "vacation," she ,entered the Plaintiff's premises and removed items and information belonging solely to the Plaintiff, including but not limited to: a) two nail pushers; b) nail nippers; c) stork scissors; . .... d) miscellaneous salon items; e) wooden box containing the names, addresses and telephone numbers of Plaintiff's cliems; f) computer disk and "hard copy" containing the names, addresses and 2 telephone numbers of all PlaintiWs manicure clients. 9. Shortly thereafter, beginning on or about December 5,. 2002, Plaintiff began receiving phone calls fi~om a number of her clients, stating that those clients had been called by employees of Defendants Bradley and Bradley &.Co., advising those clients that Defendant Gordon was now working for Bradley & Co. and that those clients should schedule any salon business with Bradley & Co. 10. A number of these clients did, in fact, cancel their existing appointments with Plaintiff. Other clients have cancelled appointments w/lhout giving any reason therefore, presumably also as a result of having been contacted by Defendants. - 11. All of the aforementioned events occurred while Defendant Gordon was still in the employ of Plaintiff. 12. Plaintitfreasonably believes, and therefore avers, that Defendant Gordon converted the items described in Paragraph 7 of this Complaint to her own use and the use of Defendants Bradley and Bradley & Co. 13. The client information taken and used by the Defendants is the confidential and proprietary property of the Plaintiff. 14. Plaintiffreasonably believes, and therefore avers, that Defendants Bradley and Bradley & Co., used. the client lists of Plaintiffto contact those cliems for the purpose of intentionally diverting their business to Defendants, whereby Defendants have realized pecuniary gain and will cominue to realize pecuniary gain in the future. 3 15. Plaintiff and her remaining employees are capable ofproviding Plaintiff's clients with the same manicure services previously provided by Defendant Gordon. 16. Plaintiff reasonably believes, and therefore avers, that Defendants have copied the proprietary client information of the Plaintiff and will continue to solicit Plaintiff's clients using this information in the future, all to the cktmage of the Plaintiff. 17. By correspondence by counsel dated December 9, 200,2, Plaintiffdemanded that Defendants immediately return all of the items taken from the Plaintiff and cease contacting Plaintiff's clients. A true and correct copy of the December 9, 2002 correspondence is attached hereto as Exlu'bit "A." 18. To date, Defendant Gordon has only returned the wooden box comaining the names, addresses and telephone numbers of Plaintiff's clients. Defendants' continue to wrongfully detain the originals and any copies made of the remaining items wrongfully taken from the Plaintiffs. 19. Despite Plaintiff's demands, Defendants cominue to contact Plaintiff's clients for the purpose of drawing their business away from the P~aintiff. 20. The actions of the Defendants as described herein were taken intentionally and maliciously, and have resulted in ongoing permanent accrual economic loss t0the Plaintiff, including the loss of income from the manicure; clients, the loss of income form other services provided to those clients on a reguktr basis, and the referrals from those clients on a regular basis. 21. In addition to the direct economic loss suffered by the Plaintiff, Defendants' 4 actions aforesaid have caused and will cOntinue to cau~ Plaintiff permanent consequential damages as a result of PlaintiWs inability to conduct business while dealing with this matter, as well as Plaintiff's ongoing emotional distress. 22. Plaintiff has no adequate remedy at law to compensate Plaintiff for the harm caused by the Defendants. COUNT I- INTENTIONAL INTERFERENCE WITH CONTRACTUAI. RELATIONS AND PROSPECTIVE ADVANTAGE 1. The allegations contained in Paragraphs 1-22 are incor_pomted herein by reference as though set forth at length. 2. The actions of the Defendants as descn'bed herein were, undertaken intentionally and for the sole purpose to wrongfully divert Plaintiff's clients to Defendants, all to the damage of the Plaintiff. 3. The actions of the Defendants as described herein were taken without justification therefore and solely to injure the Plaintiff's business for the benefit of Defendants. 4. The actions of the Defendants as described herein have caused and will continue to cause Plaintiff actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order fi.om this Honorabl~ Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants fi.om providing services to Plaintiff's clients who have been contacted by Defendants ,~s a result of Defendant's 5 access to Plaintiff's client lists; c) Permanently enjoining Defendants fi:om othervfise wrongfully diverting or interfering with the Plaintiff's business relation.ship with Plaintiff's clients; d) Directing Defendants to contact all individuals fi:om Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintiff"s actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs oftlcfis action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT II - UNFAIR COMPETIT~C~ 1. The allegations comained in Paragraphs 1-22 and the First Count are incorporated herein by reference as though set forth at length. 2. The Defendants intentionally and maliciously employed Plaintiff's confidential and proprietary client information for the purpose of harming Plaintiff's business for 6 the benefit of the Defendants. 3. The actions of Defendants in systematically employing Plaintiff's confidential and proprietary client information constitutes Defendants' Unfair Competition with Plaintiff's business. 4. The actions of the Defendants as described herein have caused and will continue to cause Plaintiff actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants fi~om comacting Plaintiff's clients for the purpose of diverting those clients' business to r)efendants; b) Permanently enjoining Defendants from providing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants from otherwise wrongfiflly diverting or interfering with the Plaintiff's business relationship with Plaintiff's diems; d) Directing Defendants to contact all individuals fi;om Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result old'Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's prOPerty and proprietary information to Plaintiff and further directing Defi~ndants to destroy all copies or reproduction of this information; f) Awarding Plaintiffmoney damages for PlaintiflTs actual economic loss as result of Defendants' actions; g) Awarding Plaintiff punitive damages, costs of this action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT 1II - TI-~.vr OF TRADE SECRETS AND PROPRIETARY INFORMATION 1. The allegations contained in Paragraphs 1-22 and the First and Second Counts are incorporated herein by reference as though set forth at length. 2. The Defendants wrongfully, intentionally and maliciously stole Plaintiff's confidential and proprietary client information for the purpose of harming Plaintiff's business for the benefit of the Defendants. 3. The actions of Defendants in systematically stealing Pl~ntiWs confidential and proprietary client information constitutes Defendants' theft of Plaintiff's proprietary client information. 4. The actions of the Defendants as described herein have caused and will cominue to cause Plaintiff'actual economic loss and damages.' "' WHEREFORE, Plaintiff seeks an Order fi;om this Honorable Court: a) Permanemly enjoining Defendants fi;om comacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; · b) Permanently enjoining Defendants fi;om providing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants fi:om otherwise wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals fi:om Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any appointments or services SCheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintiff'S actual economic loss as result of Defendants' actions; g) Awarding Plaintiff punitive damages, costs of this action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT IV - CONVERSION 1. The allegations contained in Paragraphs 1-22 and the Fkst,. Second and Third Counts are incorporated herein by reference as though set forth at length. 2. Defendants' actions in wrongfully detaining and emplo34ng for their own use 9 Plaintiff's property constitute Defendants' wrongful conversion of those items, all to the damage of the Plaintifl~. WHEREFORE, Plaintiff seeks an Order l~om this Honorable Court: a) Permanently enjoining Defendants fi.om comacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants fi.om provid!hag services to Plaintiff's clients who have been contacted by Defendants,, as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants fi.om otherwise wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals 13om Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result c,fDefendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; ... f) Awarding Plaintiffmoney damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs ofthJ~ action and attorney's fees; and 10 h) Providing any other relief this Court deems just. COUNT V - BREACH OF FIDUCIARY DUTY' OF LOYALTY 1. The allegations contained in Paragraphs 1-22 and the First, Second, Third and Fourth Counts are incorporated herein by reference as though set forth at length. 2. Defendant Gordon, while employed by Plaintiff, has breached Defendant's Duty of Fiduciary Loyalty to Plaintiffby: a) Maliciously and intentionally diverting PlaintifF's clients to a competing business from which Plaintiffwould realize peeaniary gain while employed - by Plaintiff} and b) Maliciously and intentionally providing Plaintiff's Confidential and proprietary client information to a competing business from which Plaintiff would realize pecuniary gain while employed by Plaintiff. 3. Defendant's actions aforesaid have been intentional and! malicious, all to the damage of the Plaintiff. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from e0ntaetiag Plaintiff's clients fOr the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providirtg services to Plaintiff's clients who have been contacted by Defendams as a result of Defendant's access to Plaintiff's client lists; 11 c) Permanently enjoining Defendants fi.om otherwise wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals fi.om Plaintiff's client list with whom Defendants have spoken for the pt~rpose of canceling any appOintments or services scheduled as a result of Defendant's wrongful access to Plaintifws client lists; e) Directing Defendants to return all of Plaintiffs .property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiffmoney damages for Plaintiffs actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs oftl~ds action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT VI - UNJUST ENRICHME2q-T 1. The allegations comained in Paragraphs 1-22 and the First~ Second, Third, Fourth and Fifth Counts are incorporated herein by reference as though set forth at length. 2. The Defendants have been unjustly enriched at Plaintiff's expense as a result of the actions taken by the Defendants as described herein. 12 WHEREFORE, Plaintiffseeks an Order fi'om this Honorable Court: a) Permanemly enjoining Defendants fi'om comacting Plaintiff's clients for the purpose of diverting those clients' business to Defi~ndants; b) Permanently enjoining Defendants fi:om providing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants fi'om otherwise wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals fi'om Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiffmoney damages for Plaintiff's actual economic loss as result of Defendants' actions; .. g) Awarding Plaintiffpunitive damages, costs oftkis action and attorney's fees; and h) Providing any other relief this Court deems just. 13 RespectfUlly submitted, Dated: 12/18/02 By: Th6n~ 3.. Ar~-her Attorney for Plaintiff 14 VE ,R!FICA.TION I, Cathy Crall Smith, hereby verify that the statements made in this Verified Complaint are tree and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made to the penalties of 42 Pa. C.S.A. §8371 et. seq. relating to unswom falsification to authorities. Date: 12/18/02 C Ay Cran smith 13 CATHY CRALL SMITH dfo/a A HEAVENLY TOUCH, Petitioner SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEI GORDON, Respondents COURT OF COMMON PLEAS CUMBI--RLAND COUNTY, PA NO. 02- 6102 EquityTerr~ ~ -, ~..- "t ' ~'" P:I ~'''~ CWILACTION- EQUITY ~ " RESPONDENTS' PRELIMINARY OBJECTIONS TO THE COMPLAINT and'PRELIMINARY INJUNCTION OF C;ATHY CRALL SMITH D/B/A A .HEAVENLY TOUCH 1. The Petitioner filed a Complaint against Scott Bradley, Scott Bradley & Company and Kwei Gordon. 2. Paragraph 1 of the Complaint and Preliminaq! Injunction indicate that "Defendant, Scott Bradley ('Bradley') is an adult individual and Pennsylvania resident operating and doing business as Scott Bradley & .Company, a salon and day spa with an address of 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania." 3. There is no individual named "ScOtt Bradley". . 4. Paragraph 2 of the Complaint and Preliminary Injunction indicate that "Defendant, Scott Bradley & Company ('Bradley & Co.'), through information and belief, is a Pennsylvania Corporation or, alternatively, a trade name for Scott Bradley and operates as a salon and day spa with an address of 1601 Market Street, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania." 5. "Scott Bradley'& Co." is not a Pennsylvania Corporation. 6. The Respondents are filing these preliminary olDjections pursuant to Pennsylvania Rule of Civil ProcedUre 1028. 7. The Plaintiff/Petitioner has not identified the correct parties. WHEREFORE, the Respondents request judgment in their favor and against the Petitioner/Plaintiff. Darrell C. Dethlefs, Esquire 3805. Market Street P.O. Box 368 Camp Hill, PA 17001 (71711 975- 9446 Atty Id. No. 58805 .b,,,.~.: CATHY CRALL SMITH d/b/a A HEAVENLY TOUCH, Petitioner Vo COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO, 02 .- 6102 Equity Term SCOTT BRADLEY, SCOTT BRADLEY & COMPANY and KWEi GORDON, Respondents CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE !, Darrell C. Dethlefs, Esquire, do hereby certify that on this J-Y'~ day of ,2003, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, .first class postage prepaid, addressed to: Thomas A. Archer, ESquire P.O. Box 5056 Harrisburg, PA 17110 Darrell C. Dethlefs, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975- 9446 At'ty ~d. No. 58805 a THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 Hanislmrg, Pennsylvania 17110 (717) 233-8676 Attorney for Plaintifl~ Cathy Crall Smith CATHY CRALL SMITH, d/b/a A I-IEAVENLY TOUCH Plaintiff(s), VS. SCOTT PUGH, d/b/a SCOTT BRADLEY AND COMPANY HAIR DESIGN and KWEI GORDON Defendant(s). · IN TI-[E COURT OF COMMON PLEAS · CUMBERLAND COUNTY · CML AC'lION EQUITY · DOCKET NUMBER: 02-6102z~_:: NOTICE 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 Amended Complaint 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 Co~t without further notice for any money claimed in the Amended 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 6~' 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tlene viente (20) dias de plazo al partier de la fecha de ia demanda y la notificacion. Usted debe presentar mia apariencia eserita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a law demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sns propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABADAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DrNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFiCINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL ~ERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 2 THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 Harrisburg, Pennsylvania 17110 (717) 233-8676 Attorney for Plaintiff; Cathy Crall Smith CATHY CRALL SMITH, d/b/a : A HEAVENLY TOUCH : Plaintiff(s), : VS. .- .. SCOTT PUGH, d/b/a SCOTT BRADLEY AND : COMPANY HAIR DESIGN and KWEI GORDON : : Defendant[s).. : IN rile COURT OF COMMON PLEAS CUMBERLAND COUNTY cIVIL ACTION-EQUITY DOCKET NUMBER: 02-6102 AMENDEI) VERIFIED COMPLAINT AND NOW COMES Plaintiff, Cathy Crall Smith, d/b/a/A Heavenly Touch, of 908 Bridge Street, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania, who brings this Amended Complaint against Defendants and alleges as follows: 1. Defendant, Scott Pugh, d/b/a Scott Bradley and Company Hair Design ("Bradley") is an adult individual and Pennsylvania resident operating and doing business as Scott Bradley and Company Hair Design, a salon and day spa with a principal place of business located at 1601 Market Street, Camp Hili~ County of Cumberland, Commonwealth o f Pennsylvania. 2. Defendant, Kwei Gordon (~3ordon"), is an adult individual and Pennsylvania residem residing at 419 Geary Avenue, New Cumberland, County of Cumberland, Commonwealth of Pennsylvania. At all times herein, Defendant Bradley has operated a .,'adon and day spa with services similar or identical to those offered by Plaintifl?s business, A Heavenly Touch. 4. On or about December 3, 2002, Defendant Gordon was employed by Plaintiff as a manicurist. Defendant Gordon had been so employed for a period of more than two years. 5. On said date, Defendant Gordon advised Plaintiff that she would be taking a vacation of one week. Plaintiff agreed to this. 6. Defendant Gordon began her so-called "vacation" on December 4, 2002. 7. During Defendant Gordon's ostens~le "vacation," she entered the Plaintiff's premises and removed items and information belonging solely to the Plaintiff; including but not limited to: a) two nail pushers; b) nail nippers; c) stork scissors; d) miscellaneous salon items; e) wooden box containing the names, addresses and telephone numbers of Plaintiff's clients; ! f) computer disk and "hard copy" containing the,' names, addresses and telephone numbers of all Plaintiff's manicure clients. 8. Shortly thereafter, beginning on or about December 5, 2002, Plaintiff began receiving phone calls from a number of her clients, stating that those clients had been called by employees of Defendant Bradley, advising those clients that Defendant Gordon was now working for Bradley and that those clients should schedule any salon business with Bradley. 9. A number of these clients did, in fact, cancel their existing appointments with Plaintiff. Other clients have cancelled appointments without giving any reason therefore, also as a result of having been contacted by Defendants. 10. AH of the aforementioned events occurred while Defendant Gordon was still in the employ of Plaintiff. 11. Plaintiff reasonably believes, and therefore avers, that Defendant Gordon converted the items described in Paragraph 7 of this Complaint to her own use and the use of Defendant Bradley. 1'2. AH of the actions taken by Defendant Gordon were done on behalf of Defendant Bradley and with Defendant Bradley's support and cotzsent. 13. The client information taken and used by the Defendants is the confidential and proprietary property of the Plaintiff. 14. Plaintiff reasonably believes, and therefore avers, that Defendant Bradley used the client lists of Plaintiff to . contact those clients for the purpose of intentionally diverting their business to Defendants, ~vhereby Defendants have realized pecuniary gain and will continue to reali?e pecuniary gain in the future. 15. Plaintiffand her remaining employees are capable of providing Plaintiff's clients with the same manicure services previously provided by Defendant Gordon. 16. Plaintiffreasonably believes, and therefore avers, that Defendants have copied the proprietary client information of the Plaintiff and will continue to solicit Plaintiff's cliems using this information in the future, all to the d~unage of the Plaintiff. 17. By correspondence by counsel dated December 9, 2002, Plaintiff demanded that : Defendants immediately return all of the items taken fi'om the Plaintiff and cease contacting Plaintiff's clients. A tree and correct copy of the December 9, 2002 correspondence is attached hereto as Extfibit "A." 18. To date, Defendant Gordon has only returned the wooden box containing the names, addresses and telephone numbers of Plaintiff's clients. Defendants' continue to wrongfully detain the originals and any copies made of the remaining items wrongfully taken fi.om the Plaintiffs. 19. Despite Plaintiff's demands, Defendants continue to contact Plaintiff's clients for the purpose of drawing those clients' business away fi.om the Plaintiff. 20. The actions of the Defendants as described herein were taken intentionally and maliciously, and have resulted in ongoing permanent actual economic loss to the Plaintiff, including the loss of income fi'om the manicure clients, the loss of income form other services provided to those clients on a regular basis, and the referrals fi.om those clients on a regular basis. 21. in addition to the direct economic loss suffered by the Plaintiff, Defendants' actions aforesaid have caused and will continue to cause Plaintiff permanent consequential damages as a result of Plaintiff's inability to conduct business while dealing with this matter, as well as Plaintiff's ongoing emotional distress. 22. Plaintiff has no adequate remedy at law to compensate Plaintiff for the harm 4 caused by the Defendants. COUNT I - INTENTIONAL INTERFERENCE WITH CONTRACTUAl. RELATIONS AND PROSPECTIVE ADVANTAGE 1. The allegations comained in Paragraphs 1-22 are incorporated herein by reference as though set forth at length. 2. The actions of the Defendants as described herein were undertaken intentionally and for the sole purpose to wrongfully divert Plaintiff':; clients to Defendants, all to the damage of the Plaintiff. 3. The actions of the Defendants as described herein were,, taken without justification therefore and solely to injure the Plaintiff's business fox' the benefit of Defendants. 4. The actions of the Defendants as described herein have caused and will continue to cause Plaintiff actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order bom this Honorable Court: a) Permanently enjoining Defendants bom comacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providing services to Plaintiff's clients who e ~een contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants t}om otherwise wrongfully diverting or interfering with the Plaintiff's business relationslfip with Plaintiff's clients; d) Directing Defendants to contact all individuals fi:om Plaintiff's client list 5 with whom Defendants have spoken for the puxpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of PlaintiWs property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiffmoney damages for Plaintifl, s actual economic loss as result of Defendants' actions; g) Awarding Plaintiff punitive damages, costs oftlhis action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT II - UNFAIR COMPETITION 1. The allegations comained in Paragraphs 1-22 and the First Count are incorporated herein by reference as though set forthat length. 2. The Defendants intentiona[[~ and maliciously employed Plaintiff's confidential and proprietary client information for the purpose 0fharming Plaintiff's business for the benefit of the Defendants. 3. The actions of Defendants in systematically employing Plaintiff's confidential and proprietary client information constitutes Defendants' Unfair Competition with Plaintiff's business. 4. The actions of the Defendants as described herein have caused and will cominue to cause Plaintiff actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order fi.om this Honorable Court: a) Permanently enjoining Defendants fi.om contac, ting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants fi.om providing services to Plaintiff's cliems who have been contacted by Defendants'as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants fi.om otherwise wrongfully diverting or interfering with the Plaintiff's business relatiore;hip with Plaintiff's clients; d) Directing Defendants to contact all individuals from Plaintiff's client list with whom Defendants have spoken for the pm:pose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary ? information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this infomtion; f) Awarding Plaintitfmoney damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs offfis action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT III -:THEFT OF TRADE SECRETS AND PROPRIETARY INFORMATION 1. The allegations contained in Paragraphs 1-22 and the First and Second Counts are incorporated herein by reference as though set forth at length. 2. The Defendants wrongfixlly, intentionally and maliciously stole Plaintiff's confidential and proprietary client information for the purpose of harming Plaintiff's business for the benefit of the Defendants. 3. The actions of Defendants in systematically stealing Pl~fintiff's confidential and proprietary client information constitutes Defendants' theft of Plaintiff's proprietary client information. 4. The actions of the Defendants as described herein have: caused and will continue to cause Plaintiff actual economic loss and damages. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from comacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providi'ag services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants from otherwise wrongfully diverting or interfering with the PlaintitTs business relationslxip with Plaintiff's clients; d) Directing Defendants to comact all individuals fi:om Plaintiff's client list with whom Defendants have spoken for the pta'pose of canceling any ~appointments or services scheduled as a result of Defendant's~.Wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and fin'ther directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiffmoney damages for Plaintifl?s actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs of this action and attorney's fees; and h) Providing any other relief this Court deems just. COUNT IV - CONVERSION 1. The allegations contained in Paragraphs 1-22 and the First, Second and Third Counts are incorporated herein by reference as though set forth at length. Defendants' actions in wrongfully detaining and employing for their own use Plaintiff's property constitute Defendants' wrongfi~l conversion of those items, all to the damage of the Plaintiff. WHEREFORE, Plaintiff seeks an Order fi:om this Honorable Court: a) Permanemly enjoining Defendants fi:om contacting Plaintiff's cliems for the 9 purpose of diverting those clients' business to iDefendants; b) Permanently enjoining Defendants from providing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanently enjoining Defendants from othemhse wrongfiflly diverting or interfering with the Plaintiff's business relationship with Plaintiff's clients; d) Directing Defendants to contact all individuals from Plaintiff's client list with whom Defendants have spoken for the ptrrpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and Proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f). Awarding Plaintiff money damages for Plaintiff's actual economic loss as result of Defendants' actiOns; g) Awarding Plaintiffpunitive damages, costs of tiffs action and attorney's fees; and h) Providing any other relief this Court deems just,, COUNT V - BREACH OF FIDUCIARY DUTY ,OF LOYALTY The allegations contained in Paragraphs 1-22 and the First, Second, Third and 10 Fourth Counts are incorporated herein by reference as though set forth at length. 2. Defendant Gordon, while employed by Plaintiff, has breached Defendant's Duty of Fid~leiary Loyalty to Plaintiff by: a) Maliciously and intentionally diverting Plaintiff's cliems to a competing business from which Plaintiff would realize pecuniary gain while employed by Plaintiff; and b) Maliciously and intemionally providing PlaintifF's confidemial and proprietary client information to a competing business from which Plaintiff would realize pecuniary gain while emPloYed by Plaintiff. 3. Defendant's actions aforesaid have been intentional an4:l malicious, all to the damage of the Plaintiff. WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contaclling Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providing services to Plaintiff's clients who have been contacted by Defendants as a result of Defendant's. access to Plaintiff'sSelient lists; c) Permanently enjoining Defendants from otherwise wrongfully diverting or interfering with the Plaintiff's business relationship with Plaintiff's cliems; d) Directing Defendants to comact all individuals fi'om Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any 11 appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff'money damages for Plaintifl?s actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs of this action and attorney's fees; and h) Providing any other relief this Court deems juslt. COUNT VI - UNJUST ENRICHMg!NT 1. The allegations contained in Paragraphs 1-22 and the First, Second, Third, Fourth and Fifth Counts are incorporated herein by reference as though set forth at length. ! 2. The Defendants have been unjustly enriched at Plaimiff's expense as a result of h~ the actions taken by t e Defendants as described herein. · WHEREFORE, Plaintiff seeks an Order from this Honorable Court: a) Permanently enjoining Defendants from contacting Plaintiff's clients for the purpose of diverting those clients' business to Defendants; b) Permanently enjoining Defendants from providing services to Plaintiff's 12 Dated: 1/22/03 clients who have been comacted by Defendants as a result of Defendant's access to Plaintiff's client lists; c) Permanemly enjoining Defendants fi.om othel~e/se wrongfully diverting or interfering with the Plaintiff's business relationship with PlaintiWs clients; d) Directing Defendants to contact all individuals fi.om Plaintiff's client list with whom Defendants have spoken for the purpose of canceling any appointments or services scheduled as a result of Defendant's wrongful access to Plaintiff's client lists; e) Directing Defendants to return all of Plaintiff's property and proprietary ' information to Plaintiff and further directing Defendants to destroy all copies or reproduction of this information; f) Awarding Plaintiff money damages for Plaintiff's actual economic loss as result of Defendants' actions; g) Awarding Plaintiffpunitive damages, costs oftt~ action and attorney's fees; and h) Providing any other relief this ~ourt deems just. Respectfully submitted, r Attorney for Plaintiff 13 VERIFICATION I, Cathy Cmll Smith, hereby verify that the statements made in this Verified Complaint are tree and correct to the best of my lmowledge~, information and belief. I understand that false statements made herein are made to the penalties of 42 Pa. C.S.A. {}8371 et. seq. relating Io unswom falsification to authorities. C~dl Smith 14 I-lOMAS A. ARCHER ttomey ,,t Law A Allm~y I.D. # 73293 .0. a~r~ t !7) 2~676 ,tm'ney for P~,;,a;~. Cml~y Cmll Smith 2ATHY CRALL SMITH, d/b/a k HEAVENLY TOUCH :laint s), gCOTT PUGH, d/h/a SCOTT BRADLEY AND COMPP~IY HAIR DESIGN and KWEI GORDON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTIOI',[-EQUITY DOC'KET NUMBER: 02--6102 CERTII~CATE OF SERVICE Dated: 2/7/03 I, Thomas A. Archer, certify that thc foregoing Axmnded Complaint was served upon the following via First-Class Mail: Kwei Gordon 419 Geaty Avenue New Cumberland, PA 17070 And will be served upon the foBowing via personal slza'iff's service: Scott Pugh, d/b/a Scott Bradley & Co. Hair Desi~ Attorney for Plaimiff From: CASW. NO: 2002-06102. p 0E:/05/2009 ]2:94 ~272 P.002/002 SI~ERIFF'S RETURN ,- Rw. GUIC, R COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH CATHY CRALL DBA A HEAVEN VS BRADLEY SCOTT ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, ~he within COMPLAINT - EQUITY was served upon .PUGM SCOTT DBA SCOTT BRADLEY & CO the DEFENDANT , at 1517:00 HOURS, on the 14th day of February , 2003 'at 160~ NO%RKET STREET CAMP ~ILL, PA 17011 SCOTT BRADLEY by handing to a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing ~is at=ention to the contents.thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge i0.00 .00 37.66 Sworn and Subscribed ~o before me this .day 'of- 02/z9/2003 ' THOMAS ARCHER '.. DepuU¥~eriff. .. Pro=honorary NEW JERSEY OFFICE: 80 COTFONTAIL LANE P.O. BOX 6317 SOMERSET, NJ 08873 (732) 469-9698 FAX: (732) 469-5273 THOMAS A. ARCHER A~FORNEY AT LAW 2654 N. SECOND STREET P.O. BOX 5O56 HARRISBURG, PENNSYLVANIA 1711~-0056 (717) 233-8676 FAX: (717) 233-8675 tarch~mindspring.com MEMBER PENNSYLVANIA AND NEW JERSEY BARS December 9, 2002 Via Certified and First-Class Mail Scott Bradley & Co. Attn: Mr. Scott Bradley 1601 Market Street Camp Hill PA 17011-4818 RE: Cathy CraH Smith / Kwei Gordon Dear Mr. Bradley: Please be advised that Cathy Crall Smith has retained this office regarding your company' s unlawful interference with Ms. Crall Smith's business rehtionship with her clients. Various clients of Ms. Crall Smith's have recemly advised her that Kwei Gordon and Scott Bradley & Co. have contacted them for the purpose of diverting their business to Scott Bradley & Co. This is apparently the result of Ms. Gordon's unlawful taking of MS. Crall Smith's cliem list for her business, A Heavenly Touch, following MS. Gordon's abandonment of her employment~vith.4 Heavenly Touch. MS. CraH Smith has already filed for criminal charges ;against Ms. Gordon in connection with Ms. Gordon's theft ofmardcure supplies, clicm records and other items owned by Ms. Crall Smith. It is Ms. Crall Smith's understanding that Ms. Gordon has taken these items and information to your company, where she is now employed as a manicurist. The reports ~om Ms. Crall Smith's valued clients obviously lead us to the conclusion that Ms. Gordon and Scott Bradley & Co. have undertaken the task of contacting these clients in order to divert their business to youx company. MS. Gordon's actions, as well as those of Scott Bradley & Co., constitute blatant and unlawful interference with Ms. Crall Smith's economic advantage and further constitute tortuous interference with Ms. Crall Smith's business. Ms. Crall Smith intends to vigorously prosecute any and all available civil and/or criminal claim.q available against Kwei Gordon and Scott Bradley & Co. in order to stop this activity and to seek restitution therefore. · Mr. Scott 'Bradley December 9, 2002 Page Two Ms. Cral] Smith demands that Kwei Gordon and Sco~ Bradley & Co. immediately cease and desist fi.om contacting any and all individuals gleaned from ,4 Heavenly Tomth ~ent l~s produced by Ms. Gordon, as welt as anv clients of,4 further ~~ KweiCmrdon and-Seoxt B~flley & Co. inmae~tely retm'n all nail equipment mad other supplies converted by Ms~ Gordon, as well as all elient lists taken by Ms. Gordon fi.om ~4 Heavenly Touch. 'These eY~nt lists include bolh those contained on computer disk and hardcopy. _Euahex, Kwci -C. mrdon and Sc~tt Bxadley & Co. are ~rctcnfion ofthese materials. ~---~ .... a .~, ~p~ ur smmar In the event Kwei Gordon and Scott Bradley & Co. &) not immediately cease fi.om contacting Ms. Crall. Smith~s clients and do not return alt of the aforememioned 'gems by Friday, December 13, 2002, I have been amhorized to file for an injunction to corral the enforcement of~hese demand~ In such event, Ms. Crall Smith.will hold Kwei Gordon and Scott Bradley & Co:..responsible for her attorneys' fees, costs of suit and her actual economic loss. Please be advised gurther ~evenifKveel Gordon a~t Scott Bradley & Co. comply with these dema.-~4s as stated, Ms. Crall Smith may have already suffered irrevocable economic daxnage as a result of the ,actions stated l~-wein. As such, it may .already be necessary for Ms. Crall Smith to file suit against Kwei Gordonand Scott Bradley & Co. for economic damages:t° her business that have not yet been realize& Please be guided accordingly. Very truly yours, 'Thomas.A. Archer TAA/ Cc: Ms. Cathy Crall Smith THOMAS A. ARCHER Attorney at Law PA Attorney I.D. # 73293 P.O. Box 5056 Hatriainirg, Pennsylvania 17110 (717) 233-8676 Attorney for Piainti~ Cathy Crall Smilfi CATHY CRALL SMITH, d/b/a A HEAVENLY TOUCH Plaintiff(s), VS. SCOTT PUGH, d/b/a SCOTT BRADLEY AND COMPANY HAIR DESIGN and KWEI GORDON Defendant(s). · IN THE COURT OF COMMON PLEAS C MBERLAND COUNTY CIVIL ACTION-EQUITY DOCKET NUMBER: 02-6102 CERTIFICATE OF SERVICE I, Thomas A. Archer, certify that the foregoing Amended Petitk~n was served upon the following via First-Class Mail: Kwei Gordon 419 Geary Avenue New Cumberland, PA 17070 Scott Pugh, d/b/a Scott Bradley and Company Hair Design 1601 Market Street Camp Hill~ PA 17011 Dated: 3/5/03 By: Attorney for Plaintiff CATHY CRALL SMITH d/b/a A HEAVENLY TOUCH, Plaintiff VS. SCOTT PUGH, d/b/a SCOTT BRADLEY AND COMPANY HAIR DESIGN and KWEI GORDON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY 02-6102 CIVIL IN RE: PETITION FOR PRELIMINARY INJUNCTION ORDER AND NOW, this .2 Y' day of March, 2003, the court being satisfied that the client list utilized by the defendant Kwei Gordon was not proprietary information of the plaintiff, and it also appearing that the so-called "wooden box" has been returned to the plaintiff, the petition of the plaintiff for preliminary injunction is DENIED. See, e.g., Renee Beauty Salons, Inc. v. Blose- Venable, 652 A.2d 1345 (Pa. Super. 1995). BY THE COURT, Thomas A. Archer, Esquire For the Plaintiff Darrell C. Dethlefs, Esquire For the Defendants :rlm  ~a/A. Hess, J. ~ j.~. o~