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HomeMy WebLinkAbout03-1075IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., Plaintiff V. MARK R. SNYDER, Defendant Docket No. ~3~-/07~ ~ ~ Civil Action - Law ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Saul Ewing, LLP, on behalf of the Defendant, Mark R. Snyder, in the above-captioned matter. Respectfully submitted, Date: March 11, 2003 Joel C. Hopkins, Esquire Attorney I.D. No. 85096 Saul Ewing, LLP 2 North Second Street, 7~ floor Harrisburg, PA 17101' (717) 257-7525 (717) 257-7590 (facsimile) 96104.1 3/11/03 Thomas J. Momjian, Esquire Attorney LD. # 65977 Coss & Momjian, LLP 111 Presidential Boulevard, Suite 233 Bala Cynwyd, PA 19004 (610) 667-6800 (610) 667-6620 (fax) Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., ) ) Plaintiff, ) ) v. ) ) MARK R. SNYDER, ) ) Defendant. ) Civil Action No. 03- COMPLAINT Edward D. Jones & Co., L.P. ("Edward Jones"), by its undersigned attorneys, hereby brings the following Complaint for injunctive relief against Defendant Mark R. Snyder CSnyder") for (i) breach of contract; (ii) conversion and misappropriation of trade secrets, customer lists, and confidential business information; (iii) breach of the duty of loyalty and fiduciary duty; (iv) unfair competition; and (v) tortious interference with economic advantage, and in support thereof avers as follows: I. PARTIES 1. Edward Jones is a limited partnership organized and existing under the laws of Missouri and maintaining its principal place of business at 12555 Manchester Road, St. Louis, Missouri 63131. Edward Jones is in the business of providing financial services and transacts business in this judicial district. 2. Defendant Snyder was a former investment representative in Edward Jones' Mechanicsburg, Pennsylvania office. Upon information and belief, Snyder resides at 1122 Wicklow, Hummelstown, Pa. 17036. 1I. JURISDICTION AND VENUE Venue is proper in this judicial district, as it is the district in which the conduct complained of arose. to the public at large. 5. llI. FACTS COMMON TO Al,I, COUNTS Edward Jones is engaged in the business of providing investment services Defendant Snyder was the investment representative located in Edward Jones' Mechanicsburg, Pennsylvania office. 6. In connection with his employment with Edward Jones, Defendant executed an agreement entitled the "Investment Representative Employment Agreement" (hereinafter referred to as the "Agreement"). In paragraphs 4, 9 and 10 of his Agreement, Defendant agreed that all Edward Jones client information is confidential and proprietary and belongs exclusively to Jones, that he would not disclose this client information to any third party or use it for any business other than the business of Edward Jones, and that upon his termination of employment, he would not solicit the clients of Edward Jones for a period of one year: 4. You shall keep and preserve all furniture, equipment, signs, account records, customer statements and files, manuals, blanks, forms, supplies, and literature and shall deliver such property to Jones, if requested, during the course of your employment. In the event your employment -2- with Jones ends either through termination by Jones or through resignation by you, you will surrender to Jones all of the above such property which shall be and remain the property of Jones. 9. You shall at no time, while this Agreement is in effect or thereafter; (i) use any information acquired by you during the period of this Agreement in a manner adverse to the interests of Jones; (ii) attempt to induce any person to terminate an agreement or relationship with Jones without Jones' consent; (iii) attempt to cause any holder of a certificate, stock, or other security to cease his performance under the terms of a contract with Jones; or (iv) solicit or recommend the making of unwarranted claims against Jones. 10. For a period of one year following termination of this Agreement, you will not directly or indirectly solicit sales of securities and/or insurance business to or from any customer of Jones or otherwise induce any said customer of Jones to terminate his/her relationship with Jones, if you contacted or dealt with such customer during the course of, or by reason of, your employment with Jones or if the identity of such person was learned by you by reason of your employment with Jones .... It is understood and agreed that the identities of and information concerning the customers of Jones are confidential information, constitute a trade secret, and are the sole and exclusive property of Jones. (.See Exhibit "A" to the Affidavit of James D. Weddle at paragraphs 4, 9 and 10) (emphasis added). 7. Defendant also explicitly consented to injunctive relief at paragraph 11 of his Agreement to enforce all commitments contained therein: 11. It is agreed that Jones' remedy at law for any breach by you of these covenants will be inadequate and that Jones, its successors or assigns, shall be entitled to injunctive relief from a court of competent jurisdiction for any breach or violation hereof. This right of Jones to injunctive relief shall be in addition to any other remedies available to Jones for any breach or any violation hereof. The election by Jones of one remedy shall not in any way be construed as waiving any other remedies for such breach. (See Exhibit "A" to the Affidavit of James D. Weddle at paragraph 11). -3- 8. On or about January 29, 2003, Defendant Snyder's employment was terminated for cause. Subsequent to his termination, Defendant commenced employment with Legg Mason Wood Walk.er, Incorporated ("Legg Mason"), a direct competitor of Edward Jones, located nearby in Camp Hill, Pa. 9. Edward Jones alleges, upon information and belief, that Defendant has wrongfully retained and utilized Edward Jones' client information in violation of his contractual and other obligations to Edward Jones. 10. Edward Jones alleges, upon information and belief, that Defendant has violated his obligations to Edward Jones by inducing or attempting to induce customers of Edward Jones to discontinue their business with Edward Jones and do business with Legg Mason. COUNT I INJUNCTIVE RELIE~F 11. The allegations of Paragraphs 1 through 10 are incorporated by reference herein with the same force and effect as if set forth in full below. 12. By virtue of the foregoing, Edward Jones has demonstrated a likelihood of success on the merits and that a balancing of the equities favors the issuance of an injunction against the Defendant. 13. Unless the Defendant is temporarily and preliminarily enjoined fi.om violating the terms of his Agreement, misappropriating Edward Jones' trade secrets, and engaging in other acts of unfair competition, Edward Jones will be irreparably harmed by: (a) Disclosure of trade secrets, customer lists, and other confidential information which are solely the property of Edward Jones and its clients; -4- (b) Loss of confidentiality of clients' records and financial dealings, loss of confidence and trust of clients, loss of goodwill, and loss of business reputation; (c) Loss of personnel, damage to office stability, and a threat to the enforcement of reasonable contracts; and (d) Present economic loss, which is unascertainable at this time, and future economic loss, which is presently incalculable. 14. Edward Jones has no adequate remedy at law. WHEREFORE, Edward Jones respectfully request that: (1) A Special Injunction and/or a Preliminary Injunction Order issue immediately, enjoining Defendant, directly or indirectly, and whether alone or in concert with others, including any officer, agent, employee and/or representative of Legg Mason, from: (i) Soliciting the business of any customers of Edward Jones previously serviced by Defendant or whose names he learned during his employment at Edward Jones (excluding Defendant's family and relatives); (ii) Using, disclosing, or transmitting for any purpose, any records, documents, or information relating in any way to the clients or business operations of Edward Jones, whether in original, copied, computerized, handwritten, or any other form (hereafter the "Records and Information"); (iii) Retaining, in any form, including without limitation original, copied, computerized, handwritten or any other form, any Records and Information; and -5- (iv) Any and all other such acts as this Court deems appropriate for injunctive relief. COUNT II BREACH OF CONTRACT 15. The allegations of Paragraphs 1 through 14 are incorporated herein by reference with the same force and effect as if set forth in full below. 16. Defendant has violated the provisions of his Agreement with Edward Jones, attached as Exhibit "A" to the Affidavit of James D. Weddle. 17. As a consequence of the foregoing, Edward Jones has suffered and will continue to suffer irreparable harm and loss. COUNT III CONVERSION AND MISAPPROPRIATION OF TRADE SECRETE 18. The allegations of Paragraphs 1 through 17 are incorporated herein by reference with the same force and effect as if set forth in full below. 19. The books and records of Edward Jones, and the confidential information contained therein, are subject to trade secret protection. 20. This information derives independent economic value by not being accessible, through proper means, to competitors who can profit from its use or disclosure. 21. Edward Jones has taken reasonable measures under the circumstances to maintain the secrecy of this information. 22. The foregoing conduct of the Defendant, upon information and belief, constitutes a misappropriation of Edward Jones' confidential, trade secret information. 23. As a consequence of the foregoing, Edward Jones has suffered and will continue to suffer irreparable harm and loss. -6- COUNT IV .BREACH OF THE DUTY OF LOYALTY AND BREACH OF FIDUCIARY DUTY 24. The allegations of Paragraphs 1 through 23 are incorporated herein by reference with the same force and effect as if set forth in full below. 25. Upon information and belief, Defendant has violated his duty of loyalty and his fiduciary duty to Edward Jones including, without limitation, by violating his contractual and trade secret obligations to First Investors. 26. As a consequence of the foregoing, Edward Jones has suffered and will continue to suffer irreparable harm and loss. COUNT V UNFAIR COMPETITION 27. The allegations of Paragraphs 1 through 26 are incorporated herein by reference with the same force and effect as if set forth in full below. 28. Upon information and belief, the Defendant has engaged in acts of unfair competition. 29. As a consequence of the foregoing, Edward Jones has suffered and will continue to suffer irreparable harm and loss. COUNT VI TORTIOUS INTERFERENCE WITH ECONOMIC ADVANTAGE 30. The allegations of Paragraphs 1 through 29 are incorporated herein by reference with the same force and effect as if set forth in full below. 31. Defendant has tortiously interfered with the economic advantage of Edward Jones by, inter alia, diverting the clients of Edward Jones to a competing entity, depriving Edward Jones of its trade secrets and confidential and proprietary information, and interfering with and violating the contract rights of Edward Jones. -7- 32. The Defendant acted without privilege or justification. 33. As a consequence of the foregoing, Edward Jones has suffered and will continue to suffer irreparable harm and loss. WHEREFORE, by virtue of the foregoing acts complained of in Counts II, III, IV, V and VI, Edward Jones demands judgment in its favor and against Defendant for temporary and preliminary injunctive relief pending expedited arbitration hearings on the merits before a duly appointed panel of arbitrators to be held pursuant to Rule 10335 of the National Association of Securities Dealers Code of Arbitration Procedure. Thomas J. Momjian, Pa. Bar No. 65977 COSS & MOMJIAN, LLP 111 Presidential Boulevard, Suite 233 Bala Cynwyd, PA 19003 (610) 667-6800 (610) 667-6620 (facsimile) Attorneys for Plaintiff Edward D. Jones & Co., L.P. Dated: March 10, 2003 -8- MAR-10-2003 14:48 EDWARD JONES IR DEPT 314 515 3343 P. 02 VEI~LIFICATION T, Jam~ D. Weddle, hereby state that the statements made in thc for~goiog Complaint are t~c ~d, co.oct to ~e b~t of my ~nowled~e, in,ore, ados, and belief, I undcrst~d that the ~tat~s in the foregoing Compla~t a~ made subject to the p~ti~s of 18 Pa. Cons, Stat. Ann. ~ 4904 relating to u~wom fa~ificaEon to authorities. , ea D. W~dle Dated: Mm'ch L~., 2003 TOTAL P.02 14:10 FROM: GOLDBERG KATZ STANSE 3147260~32 TO: 314 515 3343 p. ~OB~BOB VERIFICATION 1, J ames D. Weddle, hereby state that the statements made in the foregoing Complaint are true and correct to the best o£my knowledge, information, m~d belief. I undcrst,'md that the statements i~ the foregoing Complaint are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn hlsification to authorities, t" ~'-~ '~  es D. W-eddie Dated: March/t(~, 2003 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., Plaintiff V. MARK R. SNYDER, Defendant Docket No. Civil Action - Law APPLICATION FOR ADMISSION PR() HAC VICE Joel C. Hopkins, Esquire, respectfully moves tlais Court pursuant to Pennsylvania Bar Admission Rule 301 for the special admission pro hac vice of Dana Pescosolido, Esquire in this matter and in support represents as follows: 1. I am an attorney at law duly admitted to practice before the Supreme Court of Pennsylvania and am a member in good standing of the bar of this Commonwealth. 2. I am an associated in the law firm of Saul Ewing LLP and am counsel of record representing defendant Mark R. Snyder in this matter. 3. Dan Pescosolido, Esquire, is a partner practicing in Saul Ewing's Maryland office, and is duly qualified to practice in the courts of Maryland. See affidavit attached hereto as Exhibit "A". 4. This motion is made pursuant to Rule 301 of t]ae Pennsylvania Bar Admission Rules so that Dana Pescosolido, Esquire, may be admitted to 'the Bar of this court for purposes 96103.1 3/I1/03 limited to involvement in the above-captioned matter, with Joel[ C. Hopkins of Saul Ewing, LLP, as attorneys of record for defendant Mark R. Snyder. 5. The admission of Dana Pescosolido, Esquire pro hac vice will materially advance the conduct of this matter on behalf o the defendant, and will prejudice no one. WHEREFORE, Joel C. Hopkins respectfully requests that this Honorable Court enter an order in the form attached hereto specifically admitting Dana Pescosolido, Esquire, Pro Hac Vice for purposes of involvement in only the matter identified in the above caption. Date: March 11, 2003 Respectfully submitted, Joel C. Hopkins, Esquire SAUL EWING, LLP Penn National Insurance Plaza 2 North Second Street, 7th Floor Harrisburg,. PA 17101 (717) 257-7525 (717) 257-7590 (facsimile) 96103.i 3/11/03 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., Plaintiff MARK R. SNYDER, Defendant Docket No. Civil Action - Law VERIFICATION I, Joel C. Hopkins, Esquire, state that I am an attorney of record for Defendant Mark R. Snyder in this matter; that I am acquainted with the facts set fortl~ in the foregoing Motion for Admission Pro Hac Vice; and that the same are true and correct 'based upon information provided to me. Joel C. Hopkins, Esquire Attorney for Defendant Snyder Date: March 11, 2003 96103.1 3/11/03 Affidavit in Support of Motion for Special Admission Counsel's Partner Not Licensed in Pennsylvania Commonwealth of Pennsylvania County of Cumberland VERIFICATION Dana Pescosolido, Esquire, depose and say: 1. I am a member in good standing of the bar of the courts of Maryland having been duly admitted to practice. 2. I am a partner with the law firm of Saul Ewing, LLP, and practice at the firm's Maryland office which is located at 100 South Charles Street, Baltimore, Maryland. 3. Defendant Mark R. Snyder desires that I participate in the trial and all other phases of this matter in Pennsylvania. 4. I understand that I will be bound by Pennsylvania roles of procedure and professional conduct. I further state that the averments set forth above are true and correct upon my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificatio~rities. l~tI~Pescosolido v Trial Bar ~t 00376 U.S. District Court of the State of Maryland Date: March 11, 2003 96106.1 3/11/03 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., : : Plaintiff : V. -' MARK R. SNYDER, : Defendant : ORDER Docket No. Civil Action - Law AND NOW, on this ///~day of l/~?.~/dt , 2003, it is hereby Ordered, Adjudged and Decreed that the foregoing Motion for Admission Pro Hac Vice is hereby granted and Dana Pescosolido, Esquire, is hereby specially admitted to the Bar of this Court for purposes limited to the actions identified in the above caption. BY THE COURT, Jo 96103.1 3/11/03 ZJ,, .'Z:£ ~;'-;. j TJ I ;- EDWARD D. JONES & CO., L.P., Plaintiff V. MARK R. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLINTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1075 CIVIL TERM IN RE: PLAINTIFF EDWARD D. JONES & CO., L.P.'8 MOTION FOR A SPECIAL INJUNCTION AND PRELIMINARY INJUNCTION ORDER OF COURT AND NOW, this 11th day of March, 2003, upon. consideration of Plaintiff Edward D. Jones & Co., L.P.'s Motion for a Special Injunction and Preliminary Injunction, and following a conference on this date in which Plaintiff was represented by Thomas J. Momjian, Esq., and Defendant was represented by Joel C. Hopkins, Esq., and Dana N. Pescosolido, Esq., a hearing is scheduled on injunction for Wednesday, March 19, 2003, Cumberland County Courthouse, Carlisle, Pennsylvania, and Plaintiff's request issuance of a preliminary injunction prior to a hearing is denied.. Plaintiff's motion for a preliminary at 9:30 a.m., in Courtroom No. 1, for BY THE COURT, ~[.:/Wesley'Oler~,J'r.i-' ' "j. Thomas J. Momjian, Esq. COSS & MOMJIAN, LLP 111 Presidential Boulevard Suite 233 Bala Cynwyd, PA 19003 Attorney for Plaintiff EDWARD D. JONES & CO., L.P., Plaintiff V. MARK R. sNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1075 CIVIL TERM IN RE: PLAINTIFF EDWARD D. JONES & CO. L.P.'S MOTION FOR A SPECIAL INJUNCTION AND pRELIMINARY INJUNCTION ORDER OF COURT AND NOW, this 11th day of March, 2003, upon consideration of Plaintiff Edward D. Jones & Co., L.P.'s Motion for a Special Injunction and Preliminary Injunction, and following a conference on this date in which Plaintiff was represented by Thomas J. Momjian, Esq., and Defendant was represented by Joel C. Hopkins, Esq., and Dana N. Pescosolido, Esq., a hearing is scheduled on PlaintiWs motion for a preliminary injunction for Wednesday, March 19, 2003, at 9:30 a.m., Cumberland County Courthouse, Carlisle, Pennsylvania, and issuance of a preliminary injunction prior to a hearing is denied.. BY THE COURT, in Courtroom No. 1, Plaintiff's request for Thomas J. Momjian, Esq. COSS & MOMJIAN, LLP 111 Presidential Boulevard Suite 233 Bala Cynwyd, PA 19003 Attorney for Plaintiff Joel C. Hopkins, Esq. Penn National Insurance Plaza 2 North Second Street, 7th Floor Harrisburg, PA 17101 Dana N. Pescosolido, Esq. 100 South Charles Street Baltimore, MD 21201-2773 Attorneys for Defendant :rc IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., Plaintiff MARK R. SNYDER, Defendant Docket No. 03-1075 Civil Term Civil Action - Law APPLICATION FOR ADMISSION PR() HAC VICE Joel C. Hopkins, Esquire, respectfully moves this Court pursuant to Pennsylvania Bar Admission Rule 301 for the special admission pro hac vice of Jeffrey S. Evans, Esquire in this matter and in support represents as follows: 1. I am an attorney at law duly admitted to practice before the Supreme Court of Pennsylvania and am a member in good standing of the bar of this Commonwealth. 2. I am an associate in the law firm of Saul Ewing LLP and am counsel of record representing defendant Mark R. Snyder in this matter. 3. Jeffrey S. Evans, Esquire, is an associate practicing in Saul Ewing's Maryland office, and is duly qualified to practice in the courts of Maryland. See affidavit attached hereto as Exhibit "A". 4. This motion is made pursuant to Rule 301 of the Pennsylvania Bar Admission Rules so that Jeffrey S. Evans, Esquire, may be admitted to the Bar of this court for purposes 96103.2 3/14/03 limited to involvement in the above-captioned matter, with Joel C. Hopkins of Saul Ewing, LLP, as attorneys of record for defendant Mark R. Snyder. 5. The admission of Jeffrey S. Evans, Esquire pro hac vice will materially advance the conduct of this matter on behalf of the defendant, and will prejudice no one. WHEREFORE, Joel C. Hopkins respectfully requests this Honorable Court enter an order in the form attached hereto specifically admitting Jeffrey S. Evans, Esquire, Pro Hac Vice for purposes of involvement in only the matter identified in the above caption. Date: March 14, 2003 Respectfully submitted, Joel C. Hopkins, Esquire Attorney ID # 85096 SAUL EWING, LLP Penn National Insurance Plaza 2 North Second Street, 7th Floor Harrisburg:, PA 17101 (717) 257-'7525 (717) 257-'7590 (facsimile) 96103.2 3/14/03 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., Plaintiff Ve MARK R. SNYDER, Defendant Docket No. 03-1075 Civil Term Civil Action - Law VERIFICATION I, Joel C. Hopkins, Esquire, state that I am an attorney of record for Defendant Mark R. Snyder in this matter; that I am acquainted with the fiacts set forth in the foregoing Motion for Admission Pro Hac Vice; and that the same are true and correct based upon information provided to me. Joel C. Hopkins, Esquire Attorney for Defendant Snyder Date: March 13, 2003 96103.2 3/14/03 M~R 14 20~3 11:4~ FR S~UL EDING 410 3]2 ~23 TO ~685~8399~8;2154 r.~: Affidavit ia Support of Motion for Spe~ialt Admission Counsel's Partner Not Licensed in Pem~sylvania Commonwealth of Pennsylvania Cot]aW of Cumberland Jeffrey S. Evans, Esquire, being duly sworn, deposes and says: 1. I am a member in good standing of the bar of the courts of Maryland having been. duly admitted to practice. 2. I am an associate with the law firm of Saul Ewing, :LLP, and practice at the firm's Maryland office which is located at 100 South Charles Street, Baltimore, Maryland. 3. Defemdant Mark R. Snyder desires that I participate, in the trial and all other phases of this matter in Pemasylvania. 4. I understand that I will be bound by Pennsylvania rules of procedure and Je Ewn~ Bar # 26447 U.S. District Court of the State of Maryland Sworn to and subscribed before me this 14e day of March, 2003. ** TOTRL PRGE.02 ** CERTIFICATE OF SERVICE I, Joel C. Hopkins, l~squire, hereby certify that on this 14th day of March, 2003, I served a true and correct copy of the foregoing Application For Admission Pro Hac Vice in the manner indicated below, upon the following: VIA FACSIMILE TO (610) 667-6620 and VIA FIRST-CLASS MAIL Thomas J. Momjian, Esquire Coss & Momjian, LLP 111 Presidential Boulevard, Suite 233 Bala Cynwyd, PA 19004 Counsel for Plaintiff, Edward D. Jones Joel C. Hopkins, Esquire 96103.2 3/14/03 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., Term Docket No. 03-1075 Civil Plaintiff, : V. ; MARK R. SNYDER, : Defendant. : Civil Action - Law DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION Admitted. Admitted. Denied, as the avermems of paragraph 3 constitute conclusions of law to which no responsive pleading is required. 4. Denied, as the averments of paragraph 4 constitute conclusions of law to which no responsive pleading is required. 5. Denied, as the avermems of paragraph 5 constitute conclusions of law to which no responsive pleading is required. WHEREFORE, Defendant Mark R. Snyder respectfully requests that Plaintiff's Motion for Preliminary Injunction be DENIED, with prejudice. Date: March 18, 2003 Respectfully submitted, ! Joel C. Hopkins, Esquire Attorney ID # 85096 Dana N. Pescosolido (Admitted Pro Vice) SAUL EWlNG, LLP Penn National Insurance Plaza 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7525 (717) 257-7590 (facsimile) Hac 96242.1 3/18/03 2 CERTIFICATE OF SERVICE I, Joel C. Hopkins, Esquire, hereby cbrtify that on this ]__~_~ th day of March, 2003, I served a true and correct copy of the foregoing Notice to Attend in the manner indicated below, upon the following: VIA FACSIMILE TO (610) 667-6620 and VIA FIRST-CLASS MAIL Thomas J. Momjian Pa. Bar No. 65977 Coss & Momjian, LLP 111 Presidential Boulevard, Suite 233 Bala Cynwyd, PA 19004 Counsel for Plaintiff, Edward D. Jones Joel C. Hopkins, Esquire 96242.1 3/18/03 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., Term Vo MARK R. SNYDER, Plaintiff, Defendant. Docket No. 03-1075 Civil CAvil Action - Law DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION 1. Admitted. 2. Admitted. 3. Denied, as the averments of paragraph 3 constitute conclusions of law to which no responsive pleading is required. 4. Denied, as the averments of paragraph 4 cortstitute conclusions of law to which no responsive pleading is required. 5. Denied, as the averments of paragraph 5 constitute conclusions of law to which no responsive pleading is required. WHEREFORE, Defendant Mark R. Snyder respectfully requests that Plaintiff's Motion for Preliminary Injunction be DENIED, with prejudice. Date: March 18, 2003 Respectfully ;submitted, ! Joel C. Hopkins, Esquire Attorney ID # 85096 Dana N. Pescosolido (Admitted Pro Hac Vice) SAUL EWlNG, LLP Penn National Insurance Plaza 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7525 (717) 257-759,0 (facsimile) 96242.1 3/18/03 2 CERTIFICATE OF SERVICE I, Joel C. Hopkins, Esquire, hereby c~rtify that on this ....]~ th day of March, 2003, I served a true and correct copy of the foregoing Notice to Attend in the manner indicated below, upon the following: VIA FACSIMILE TO (610) 667-6620 and VIA FIRST-CLASS MAIL Thomas J. Momjian Pa. Bar No. 65977 Coss & Momjian, LLP 111 Presidential Boulevard, Suite 233 Bala Cynwyd, PA 19004 Counsel for Plaintiff, Edward D. Jones Joel C. Hopkins, Esquire 96242.1 3/18/03 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., Plaintiff MARK R. SNYDER, Defendant Docket No. 03-1075 Civil Term Civil Action - Law APPLICATION FOR ADMISSION PRO HAC VICE Joel C. Hopkins, Esquire, respectfully moves this Court pursuant to Pennsylvania Bar Admission Rule 301 for the special admission pro hac vice of Jeffrey S. Evans, Esquire in this matter and in support represents as follows: 1. ! am an attorney at law duly admitted to practice; before the Supreme Court of Pennsylvania and am a member in good standing of the bar of this Commonwealth. 2. I am an associate in the law firm of Saul Ewing LLP and am counsel of record representing defendant Mark R. Snyder in this matter. 3. Jeffrey S. Evans, Esquire, is an associate practicing in Saul Ewing's Maryland office, and is duly qualified to practice in the courts of Maryland. See affidavit attached hereto as Exhibit "A". 4. This motion is made pursuant to Rule 301 of the.. Pennsylvania Bar Admission Rules so that Jeffrey S. Evans, Esquire, may be admitted to the Bar of this court for purposes 96103.2 3/14/03 limited to involvement in the above-captioned matter, with Joel C. Hopkins of Saul Ewing, LLP, as attorneys of record for defendant Mark R. Snyder. 5. The admission of Jeffrey S. Evans, Esquire pro hac vice will materially advance the conduct of this matter on behalf of the defendant, and will prejudice no one. WHEREFORE, Joel C. Hopkins respectfully requests this Honorable Court enter an order in the form attached hereto specifically admitting Jeffrey S. Evans, Esquire, Pro Hac Vice for purposes of involvement in only the matter identified in the above caption. Respectfully submitted, Date: March 14, 2003 Joel C. Hopkins, Esquire Attorney ID # 85096 SAUL EWING, LLP Penn National Insurance Plaza 2 North Second Street, 7th Floor Harrisburg,, PA 17101 (717) 257-7525 (717) 257-7590 (facsimile) 96103.2 3/I4/03 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., Plaintiff Ve MARK R. SNYDER, Defendant Docket No. 03-1075 Civil Term Civil Action - Law VERIFICATION I, Joel C. Hopkins, Esquire, state that I am an attorney of record for Defendant Mark R. Snyder in this matter; that I am acquainted with the thcts set forth in the foregoing Motion for Admission Pro Hac Vice; and that the same are true and correct based upon information provided to me. Joel C. Hopkins, Esquire Attorney for Defendant Snyder Date: March 13, 2003 96103.2 3/14/03 MAR 14 2005 11:43 FR SAUL E~ING 410 332 Affidavit in Support of Motion for Special, Admission Counsel's Partner Not Licensed in pennsylvania Commonwealth of Pennsylvania County of Cumberland AFFIDAVIT Jeffrey S. Evans, Esquke, being duly sworn, deposes and says: 1. I ~m a member in good standing of the bar of the courts of Maryland having been duly admitted to practice. 2. I am an associate with the law firm of Saul Ewing, LLP, and practice at the firm's Maryland office which is located at 100 South Charles Street, Baltimore, Maryland. 3. Defendant Mark R. Snyder desires that I participate in the trial and all other phases of this matter in Petmsylvania. 4. I understand that I will be bound by Pennsylvania rules of procedure and Bar # 26~,47 U.S. District Court of the State of Maryland Sworn to and subscribed before me this 14'~ day of March, 2003. 96t05.~. ~t4JO] ...... ** TOTRL PAGE.02 ** CERTIFICATE OF SERVICE I, Joel C. Hopkins, l~squire, hereby certify that on this 14th day of March, 2003, I served a true and correct copy of the foregoing Application For Admission Pro Hac Vice in the manner indicated below, upon the following: VIA FACSIMILE TO (610) 667-6620 and VIA FIRST-CLASS MAIL Thomas J. Momjian, Esquire Coss & Momjian, LLP 111 Presidential Boulevard, Suite 233 Bala Cynwyd, PA 19004 Counsel for Plaintiff, Edward D. Jones Joel C. Hopkins, Esquire 96103.2 3/14/03 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., Plaintiff V. MARK R. SNYDER, Defendant Docket No. 03-1075 Civil Term Civil Action - Law ORDER AND NOW, on this day of ~. :~3 ~_ ,2003, it is hereby Ordered, Adjudged and Decreed that the foregoing Motion for Admission Pro Hac Vice is hereby granted and Jeffrey S. Evans, Esquire, is hereby specially admitted to the Bar of this Court for purposes limited to the actions idemified in the above caption. BY THE COURT, 96103,2 3/14/03 EDWARD D. JONES & CO., L.P., Plaintiff : V. : : MARK R. SNYDER, : Defendant : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 03-1075 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of March, 2003, upon consideration of Plaintiff,s Motion for a Preliminary Injunction, and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. Thomas J. Momjian, Esquire Christoper C. Coss, Esquire For the Plaintiff Dana N. Pescosolido, Esquire Jeffrey S. Evans, Esquire Joel C. Hopkins, Esquire For the Defendant By the Court, wcy EDWARD D. JONES & : CO., L.P., : Plaintiff : V. ' : MARK R. SNYDER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1075 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of March, 2003, upon relation of Thomas J. Momjian, Esq., Plaintiff's counsel, that the parties are in the process of amicably resolving this matter and request that the court withhold any decision on the preliminary injunction issue, no further action will be taken by the court at this ti:me.. Thomas J. Momjian, Esq. COSS & MOMJIAN, LLP 111 Presidential Boulevard Suite 233 Bala Cynwyd, PA 19003 Attorney for Plaintiff Joel C. Hopkins, Esq. Penn National Insurance Plaza 2 North Second Street, 7th Floor Harrisburg, PA 17101 Dana N. Pescosolido, Esq. 100 South Charles Street Baltimore, MD 21201-2773 Attorneys for Defendant :rc BY THE COURT, J,/Wesley Oler,.ih~., ' J. Thomas J. Momjian, Esquire Attorney I.D. # 65977 Coss & Momjian, LLP 111 Presidential Boulevard, Suite 233 Bala Cynwyd, PA 19004 (610) 667-6800 (610) 667-6620 (fax) Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. JONES & CO., L.P., ) ) Plaintiff, ) v. ) ) MARK R. SNYDER, ) ) Defendant. ) Civil Action No. 03-1075 PRAECIPE FOR DISCONTINUANCE In accordance with Rule 229(a) of the Pennsylvania Rules of Civil Procedure, Plaintiffhereby discontinues this action, each party to bear his or its own costs. Respectfully submitted, ThomasJ. Momjian, E ir~e ' Pa. Bar No. 65977 COSS & MOMJIAN, LLP 111 Presidential Boulevard, Suite 233 Bala Cynwyd, PA 19003 (610) 667-6800 (610) 667-6620 (facsimile) Attorneys for Plaintiff Edward D. Jones & Co., L.P. Dated: July 10, 2003 CERTIFICATE OF SERVICE I, Thomas J. Momjian, hereby certify that on this day, I served a true and correct copy of the foregoing Praecipe for Discontinuance by United States First Class Mail upon the following: Joel C. Hopkins, Esquire SAUL EWlNG 2 North Second Street:, 7th Floor Harrisburg, PA 17101 Attorney for Defendant Dated: July 10, 2003