HomeMy WebLinkAbout03-1307Johnson, Duffie, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
By: Robert M. Walker
I.D. No. 86340
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
PFB MEMBERS' SERVICE CORPORATION
510 S. 31" Street
Camp Hill, PA 17011
Plaintiff
V.
TERRI L. SCHOONOVER
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. (a3- J?zO-q F?
CIVIL ACTION - QUITY ,
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a Writ of Summons upon the Defendant, Terri L. Schoonover, in the above-captioned
action.
Dated: March 25, 2003
J HH O , DUF S WAR WEIDNER
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avid . D uce
:211403
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C. -
Commonwealth of Pennsylvania
County of Cumberland
WRIT OF SUMMONS
PFB Members' Service Corporation
510 S. 31St Street
Camp Hill PA 17011
Plaintiff
Vs.
Terri L. Schoonover
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant
Court of Common Pleas
No. 03-1307
In EquityAction-Law
To Terri L. Schoonover
You are hereby notified that PFB Members' Service Corporation the Plaintiff
has / have commenced an action in Civil Action-Law against you which you are required
to defend or a default judgment may be entered against you.
(SEAL)
Date March 26, 2003
Attorney:
Name: David W. DeLuce, Esq.
Address: 301 Market Street
P.O. Box 109
Lemoyne PA 17043-0109
Attorney for: Plaintiff
Telephone: 717-761-4540
Supreme Court ID No. 41687
CURTIS R. LONG
Prothonotary
By
4, A 7.
Deput
Affidavit of Process Server
Commonwealth of Pennsylvania Count of Cumberland
(NAME.OF COURT)
PFB (embers' Service dorp. Terri L S h
PLAINTIFF/PETITIONER DEFENDANT/RES NDENT 0
CASE r
I declare that I am a citizen of the United States, over the age of eighteen and not a party to this action. And that within the boundaries of
the state where service was effected, I was authorized by law to perform said service.
Service: I served Terri L. Schoonover
NAME OF PERSON/ENTITY BEING SERVED
with the (documents)
Writ of Summons
c
by serving Terri L. Schoonover - if
NAME
RELATIONSHIP
at O Home
Xgusiness Farley Financial Services Inc. 521 Main S reet Towanda PA
or, April 1, 2003 at 11:25AM
DATE
TIME
Thereafter copies of the documents were mailed by prepaid, first class mail on
DATE
from
CITY STATE
Manner of Service: x?YBy personally delivering copies to the person/authorized agent of entity being served.
O By leaving, during office hours, copies at the office of the person/entity being served, leaving same with the person apparently in
charge thereof.
O By leaving copies at the dwelling house or usual place of abode of the person being served. with a member of the household 18
or older and explaining the general nature of the papers.
d By posting copies in a conspicuous manner to the address of the person/entity being!! served.
Non-Service: After due search, careful inquiry and diligent attempts at the address(es) listed above, I have been unable to effect
process upon the person/entity being served because of the following reason(s):
u Unknown at Address
O Address Does Not Exist
Service Attempts:
O Evading O Moved, Left no Forwarding O Other:
O Service Cancelled by Litigant O Unable to Serve In a Timely Fashion
Service was attempted on: ( ) ( )
DATE TIME DATE TIME
DATE TIME
DATE TIME DATE TIME
Description. Age: 42 Sex: F Race: W Hgt: 5' 5" W9t: 180
'Hair: Brown Glasses:
I declare under penalty of perjury that the information contained herein is true and correct and this affidavit was executed on
April 2, 2003 Dunmore, PA. 18512
GATE CITY
STATE
Stateof)ennsylvania SIG ATURE FPROCE FIVER
Countyof Lackawanna Steve R ddin
subscribed and sworn before me, a notary public, this 2nd da April 2003
Y of
,QEUCIAL SEAL TO
NOTARIAL SEAL
Patricia L. M. Mongiello Notary Public
City of Dunmore, Countyof Lackawanna
my Commission Expires Apr. 1, 20pg
?NOTOTJ5
FORM 2 NATIONAL ASSOCIATION OF PROFESSIONAL PROCESS SERVERS
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ti
Johnson, Duffle, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
By: Robert M. Walker
I.D. No. 86340
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
PFB MEMBERS' SERVICE CORPORATION
510 S. 31 s` Street
Camp Hill, PA 17011
Plaintiff
V.
TERRI L. SCHOONOVER
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant
Attorneys for Plaintiff
A? 0 9 2003
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1307
CIVIL ACTION - EQUITY
NOTICE TO DEFEND
To the Defendant:
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 complaint and notice is served, by entering a
written appearance personally or by attorney and filing in writing with the court your defense or objections to
the claims set forth against you. You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
:211498
Johnson, Duffle, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687 Attorneys for Plaintiff
By: Robert M. Walker
I.D. No. 86340
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
PFB MEMBERS' SERVICE CORPORATION IN THE COURT OF COMMON PLEAS OF
510 S. 31 St Street CUMBERLAND COUNTY, PENNSYLVANIA
Camp Hill, PA 17011
NO. 03-1307
Plaintiff
CIVIL ACTION - EQUITY
V. ;
TERRI L. SCHOONOVER
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant
COMPLAINT
AND NOW, this 7th day of April 2003, comes Plaintiff, PFB MEMBERS' SERVICE CORPORATION,
by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint, and
in support thereof avers as follows:
Parties
1. Plaintiff, PFB Members' Service Corporation ("PFB"), is a Corporation organized under the
laws of the Commonwealth of Pennsylvania with its principal place of business located at 510 South 31St
Street, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. Defendant Terri L. Schoonover ("Schoonover"), is an adult individual who resides at Rural
Route #2, Box 140-A, Towanda, Bradford County, Pennsylvania, 18848.
3. As of October 2002, Defendant Schoonover has a business address of 521 Main Street,
Towanda, Bradford County, Pennsylvania, 18848.
VENUE
4. Venue is proper in Cumberland County, as the Employment Agreement (hereinafter the
"Employment Agreement") through which Plaintiff PFB's rights and remedies arise was executed here, and
further, in executing the Employment Agreement, Plaintiff PFB and Defendant Schoonover agreed that this
Court shall have subject matter and personal jurisdiction.
FACTS
5. On August 25, 2000, Plaintiff PFB and Defendant Schoonover entered into an Employment
Agreement whereby Defendant Schoonover agreed to work for Plaintiff PFB as an Account Supervisor in a
geographic territory assigned by Plaintiff PFB consisting of all or part of Bradford County, Sullivan County,
and Wyoming County, Pennsylvania, providing farm management counseling and tax reporting services to
clients of Plaintiff PFB in accordance with procedures established by Plaintiff PFB. A true and correct copy
of this Employment Agreement is attached hereto as Exhibit "A" and made part hereof.
6. Under paragraph 6 of the Employment Agreement, Defendant Schoonover agreed to be
bound by, among other things, a covenant not to compete against Plaintiff PFB. The covenant in paragraph
6 of the Employment Agreement is set forth in its entirety as follows:
"Employee hereby covenants and agrees with Employer that, during the "Non-
Compete Period" and within the "Non-Compete Area," Employee shall not directly or
indirectly, either as an employee, employer, consultant, agent, principal, partner,
stockholder, corporate officer, director, or in any other individual or representative
capacity, engage in or participate in any business which provides any goods or services
competitive in any way with the goods and services provided by Employee for Employer
under this Agreement nor shall Employee, directly or indirectly, solicit the business of
any customers/clients of the Employer or perform for such customers or clients, nor
solicit the performance, neither in person nor through any other entity with which he/she
is associated, any of the services of the nature of those performed by Employee for
Employer."
7. Paragraph 6 of the Employment Agreement defines "Non-Compete Period" as
commencing on the date of the Employment Agreement and terminating two years after expiration or
termination of Defendant Schoonover's employment with Plaintiff PFB, and defines "Non-Compete
Area" as being the geographic territory or territories assigned to Defendant Schoonover in the last two
years of her employment with Plaintiff PFB and is limited only to Plaintiff PFB's members in said
territory or territories.
8. On September 4, 2002, Defendant Schoonover resigned. A true and correct copy of this
resignation notice is attached hereto as Exhibit "B" and made part hereof.
9. As of the date of Defendant Schoonover's resignation from employment from Plaintiff
PFB and continuing to this date, Plaintiff PFB continues to service clients in the aforementioned
geographic territory.
10. On or about October 1, 2002, Defendant Schoonover entered into employment and
began working for Farley Financial, Inc. a corporation organized under the laws of the Commonwealth
of Pennsylvania with offices located at 521 Main Street, Towanda, Bradford County, Pennsylvania
18848.
11. Following the date of her separation from employment with Plaintiff PFB and beginning
on or about the date of her employment with Farley Financial, Inc., Defendant Schoonover solicited
clients of Plaintiff PFB in the aforementioned geographic territory in direct violation of the Employment
Agreement.
12. To date, Defendant Schoonover has solicited and retained, either for herself or on behalf
of her employer Farley Financial, Inc., twenty four (24) clients of Plaintiff PFB.
13. As a direct and proximate result of Defendant Schoonover's solicitation and retention of
the aforementioned clients of Plaintiff PFB, said clients have terminated their business relationship with
Plaintiff PFB.
14. Defendant Schoonover's solicitation and retention of Plaintiff PFB's clients and service to
said clients is a direct violation of the Employment Agreement as Defendant Schoonover now competes
with Plaintiff PFB by providing farm management counseling and tax reporting services to the clients of
Plaintiff PFB within the aforementioned geographic area.
15. By letter dated March 20, 2003, Plaintiff PFB notified Defendant Schoonover that her
actions violated the Employment Agreement and demanded that Defendant Schoonover immediately
cease violating her obligations to Plaintiff PFB pursuant to the Employment Agreement. A true and
correct copy of this letter is attached hereto as Exhibit "C" and made part hereof.
16. During the course of her employment with Plaintiff PFB, Defendant Schoonover was
introduced to, worked with and serviced Plaintiff PFB's clients and was trained procedures in servicing
those clients. During the course of her employment, Defendant Schoonover also received specialized
training and was exposed to Plaintiff PFB's method of conducting its business specializing in
accounting and income tax preparation for Pennsylvania farmers.
17. It is believed, and therefore averred, that since terminating her employment with Plaintiff
PFB, Defendant Schoonover has solicited and continues to solicit other clients of Plaintiff PFB within
the aforementioned geographic area to hire her or her employer Farley Financial, Inc. for the purposes
of providing farm management counseling and tax reporting services in violation of the Employment
Agreement.
Count I - Breach of Contract
Non-Compete Employment Agreement
18. The foregoing numbered Paragraphs are incorporated herein by reference.
19. Defendant Schoonover's actions constitute an intentional violation of the covenant not to
compete contained in the Employment Agreement which are ongoing and causing immediate and
irreparable harm to Plaintiff PFB.
20. Paragraph 6 of the Employment Agreement expressly entitles Plaintiff PFB to equitable
relief without bond, enjoining Defendant Schoonover from soliciting and/or serving clients or former
clients of Plaintiff PFB within the aforementioned geographic area.
21. Plaintiff PFB will continue to suffer immediate and irreparable harm if the actions of
Defendant Schoonover are not enjoined, including but not limited to the loss of clients, profits, business
reputation, market share and confidential information.
22. Accordingly, Plaintiff PFB has no adequate remedy at law.
WHEREFORE, Plaintiff PFB demands judgment against Defendant Schoonover, including an
Order:
A. Preliminarily and thereafter permanently enjoining Defendant Schoonover from
breaching her Employment Agreement with Plaintiff PFB;
B. Preliminarily and thereafter permanently enjoining Defendant Schoonover from soliciting
and/or servicing in any manner any existing or former clients of Plaintiff PFB within the aforementioned
geographic area for the remaining period of the covenant not to complete contained within the
aforementioned Employment Agreement.
C. Awarding Plaintiff PFB monetary damages for its loss in an amount in excess of the
minimum amount for compulsory arbitration; and
D. Any other relief this Court deems just.
Count II - Tortious Interference With Contractual Relations
23. The foregoing numbered Paragraphs are incorporated herein by reference.
24. By soliciting and servicing Plaintiff PFB's clients, Defendant Schoonover has tortiously
interfered, and continues to tortiously interfere, with Plaintiff PFB's contractual relations with said
clients.
25. Defendant Schoonover's actions have deprived Plaintiff PFB of its rights under the
Employment Agreement. to Plaintiff PFB's detriment, financially and otherwise.
26. As the direct and proximate result of the tortious interference of Defendant Schoonover
with Plaintiff PFB's contractual relations with its clients, Defendant Schoonover has been unfairly and
unjustly enriched to the extent of all revenues heretofore and hereafter derived from or in connection
with said tortious interference with Plaintiff PFB's contractual relations.
WHEREFORE, Plaintiff PFB demands judgment against Defendant Schoonover, including an
Order:
A. Preliminary and thereafter permanently enjoying Defendant Schoonover's continued
tortuous interference with Plaintiff PFB's contractual relations with its clients;
B. Awarding Plaintiff PFB compensatory damages;
C. Awarding Plaintiff PFB punitive damages;
D. Awarding Plaintiff PFB counsel fees and costs; and
E. Any other relief this Court deems just.
Respectfully submitted,
JOH N, DUF IE EWA & WEIDNER
By.
David . DeLuce
Attorney I.D. No. 41687
Robert M. Walker
Attorney I.D. No. 86340
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
VERIFICATION
I, MICHAEL EVANISH, as Manager of PFB Members' Service Corporation, verify that I am
authorized to make the statements herein and that the statements made in the foregoing Complaint are true
and correct to the best of my knowledge, information and believe. I understand that false statements made
herein are made subject to the penalties of 18 Ps. C. S. A. §4904, relating to unsworn falsification to
authorities.
Date: By:
Michael Evanish
CERTIFICATE OF SERVICE
AND NOW, this Y- day of April 2003, the undersigned does hereby certify that he did this date
serve a copy of the foregoing Complaint upon Defendant by causing same to be deposited in the United
States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Terri L. Schoonover
C/O Farley Financial Services, Inc.
521 Main Street
Towanda, PA 18848
Defendant
:211500.4
PFB MEMBERS' SERVICE CORPORATION
THIS AGREEMENT, made this day of A u_?1 t, i , Arco , by and between
PFB MEMBERS' SERVICE CORPORATION, hereinafter referred to as "Employer," and
hereinafter referred to as "Employee."
1) Employer agrees to employ or continue the employment of Employee and Employee accepts employment with or accepts
continued employment by Employer to provide farm management counseling and tax reporting services to clients of Employer
in accordance with the procedures established from time to time by Employer and under the supervision and direction of
Employer.
2) Employee agrees to devote full time to the performance of his/her duties hereunder and to exert his/her best efforts to
expand the clientele to include all Pennsylvania Farm Bureau ('PFBO) members in need of such service, to keep the cost of
service at the lowest level consistent with good operational and managerial procedures and to constantly upgrade the quality of
services and the proficiency level provided to clients. Employee agrees not to accept any other employment or undertake any
other business venture(s) during the term of this contract without the express written consent of employer.
3) Employee shall be compensated in accordance with an Incentive Wage Program as established and amended from time
to time by Employer which shall be based upon, but not limited to, factors such as length of service, net gross revenue produced
from accounts"served, and other performance based standards to be determined by Employer (hereinafter "Compensation and
Benefit Program). The said Compensation and Benefit Program then In effect is made a part of this Agreement. The Employee
shall be notified in writing of any changes to the Compensation and Benefit Program at least six (6) months prior to any such
change. With the exception of the provisions contained in the policy booklet of MSC Business Services and the Compensation
and Benefit Program, Employee shall be entitled to the same benefits as set forth in the PFB and Affiliated Company Personnel
Manual, as are amended from time to time.
4) Employee shall be responsible for carrying out all such duties listed In the Compensation and Benefit Program, and any
other such duties as assigned by Employer from time to time.
5) Employee acknowledges that his/her employment with Employer is at will and can be terminated at any time by either party
for any or no reason. In the event the Employee resigns, he/she shall provide at least two (2) weeks prior written notice of such
resignation except that between December 1 and April 15 of any year, Employee agrees to provide at least thirty (30) days prior
written notice.
6) In consideration of the covenants of the Employer contained herein and of, the additional compensation set forth in the
attached Compensation and Benefit Program, Employee agrees as follows:
A. The Employee shall, upon request by Employer during or after the period of his/her employment, furnish to
Employer all information and property of Employer as may be in Employee's possession, and cooperate fully with
Employer or Its affiliates as may be required in connection with any claims or legal actions in which Employer is
or may become a party.
B. Employee hereby covenants and agrees with Employer that, during the 'Non-Compete Period' and within the
'Non-Compete Area; Employee shall not directly or Indirectly, either as an employee, employer, consultant,
agent, principal, partner, stockholder, corporate officer, director, or in any other Individual or representative
capacity, engage in or participate in any business which provides any goods or services competitive in any way
with the goods and services provided by Employee for Employer under this Agreement nor shall Employee, directly
or indirectly, solicit the business of any customers/clients of the Employer or perform for such customers or clients,
nor solicit the performance, neither In person nor through any other entity with which he/she is associated, any of
the services of the nature of those performed by Employee for Employer.
C. The 'Non-Compete Period" shall commence on the date hereof and terminate two (2) years after expiration
or termination of Employee's employment with Employer under this Agreement. The "Non-Compete Area" shall
be the geographic territory or territories assigned to Employee in the last two (2) years of his/her employment with
Employer and shall be limited only to PFB members in said territory or territories.
D. During the term of this Agreement, Employee will have access to and become familiar with various trade
secrets, consisting of methodologies, devices, processes, client lists, records and other documents that are owned
by Employer and that are regularly used in the operation of the business of Employer. Employee shall not disclose
any of these trade secrets, directly or indirectly, or use them in any way, either during the term of this Agreement
A -S CONTRACT.wpd I
or at any later time except as required in the course of his or her employment hereunder. All files, records,
documents, drawings, specifications, equipment and similar items relating to the business of Employer, whether
prepared by Employee or otherwise coming into his or her possession, shall remain the exclusive property of
Employer and shall not be removed and shall at all times be promptly made available and turned over to Employer
at Employer's request.
E. AN parties hereto acknowledge the necessity of protection against the competition of the Employee and that the
nature and scope of such protection has been carefully considered by the parties. Any geographic area covered
is expressly acknowledged and agreed to be fair, reasonable and necessary. In the event any covenant contained
in this Paragraph 6 is held to be invalid, illegal or unenforceable because of the duration of such covenant, the
geographic area covered thereby, or otherwise, the parties agree that the tribunal making such determination shall
have the power to reduce the duration, the area and/or other provisions of any such covenant to the maximum
permissible and to include as much of its nature and scope as will render it enforceable, and, in its reduced form
said covenant shall be valid, legal and enforceable.
F. Employee acknowledges that his/her breach or threatened or attempted breach of any provision of this
Paragraph 6 would cause irreparable harm to the Employer not compensable In monetary damages and that the
Employer shall be entitled, In addition to all other applicable remedies allowed by law, to a temporary and
permanent injunction without bond in a decree for specific performance of the terms of this Paragraph 6. Nothing
herein contained shall be construed as prohibiting Employer from pursuing any other remedy available to it for such
breach or threatened or attempted breach.
7) Employee shall be granted the exclusive right to provide professional services as set forth herein for Employer in a territory
formally assigned to him or her and to the clientele generated by his/her efforts in such territory. Employee acknowledges that
Employer has the right to assign all territories and determine the boundaries thereof which may be amended from time to time
as determined by Employer. Employer, If in its own discretion believes that a portion of a territory assigned to Employee is not
properly being serviced, shall have the sole right to assign such territory or part of such territory to another employee.
8) In the event Employee must relinquish accounts at the determination of Employer, Employee's compensation for those lost
accounts shall be as set forth in the Compensation and Benefit Program and the policy for account buydown provisions then in
effect. Client accounts relinquished at the request of Employee will be considered a voluntary relinquishment of accounts and
Employee shall not be compensated therefore under the provisions of this paragraph, the Compensation and Benefit Program
or the account buydown provisions. Similarly, accounts relinquished because of the inability of Employee to render proper
service to clients, as determined by Employer, shall be considered a voluntary relinquishment of accounts and Employee shall
not be compensated under the provisions of this paragraph, the Compensation and Benefit Program or the account buydown
provisions.
9) The rights and obligations of Employee hereunder are not assignable or delegable and any assignment or delegation shall
be null and void.
10) This Agreement shall be interpreted under and subject to and governed by the laws of the Commonwealth of Pennsylvania
and all questions concerning its validity, construction, and administration shall be determined In accordance thereby.
11) This Agreement supercedes and terminates all prior Employment Agreements between the parties, and Employee
acknowledges that consideration was provided to him/her at the time of execution hereof.
12) This Agreement is accepted by Employer at its Camp Hill, Cumberland County, Pennsylvania office. The parties hereto
agree that in any legal action arising in any way out of this Agreement, the Court of Common Pleas of Cumberland County,
Pennsylvania shall have subject matter jurisdiction and personal jurisdiction of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
WITNESS: ardw V , )y&02&
WITNESS:?
070198
EMPLOYER: f-Y t
EMPLOYEE: I "l n t 0 , scc( nn- t L/)
A -S CONTRACT.wpd 2
September 4, 2002
PFB-MSC
P. O. Box 8736
Camp Hill, PA 17011
Dear Mr. Evanish,
it is with regret that I submit my resignation and two weeks notice. I have
accepted a position with a local CPA firm as a staff accountant.
I have enjoyed my two years working with the PA Farm Bureau and wish you
much success in the future.
Please inform me as to when my office equipment and records will be picked up.
Respectfully Yours,
Mrs. Terrie Lynn Schoonover
LAW OFFICES
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
JERRY R. DUFFLE 301 MARKET STREET
RICHARD W STEWART P. O. BOX 109
C. ROY WEIDNER, JR. LEMOYNE, PENNSYLVANIA 17043-0109
EDMUND G. MYERS WEBSITE: www.jdcw.com
DAVID W. DELUCE
RALPH H. WRIGHL JR.
DAVID J. LANZA
MARK C. DUFFIE
MELISSA PEEL GREEVY
MICHAEL J. CASSIDY
ROBERT M. WALKER
CERTIFIED MAIL
RESTRICTED DELIVERY
Terrie L. Schoonover
clo Farley Financial, Inc.
521 Main Street
Towanda, PA 18848
Re: PFB Members' Service Corporation
Dear Ms. Schoonover:
Terrie L. Schoonover
R.R. #2, Box 140A
Towanda, PA 18848
M FILE COPY
HORACE A. JOHNSON
COUNSEL TO THE FIRM
WRITER'S EXT. NO. 115
E-MAIL dwd@jdsw.com
Please be advised that we represent PFB Members' Service Corporation ("PFB"). When you
commenced your employment with PFB, you signed into an Employment Agreement ("Agreement").
You agreed not to compete with the business of PFB for a period of two (2) years after the
termination of your employment. You ended your employment on September 18, 2002.
Our client has received very speck information that you have contacted many of PFB's
clients that you served while employed by PFB and offered them similar services with your new
employer, Farley Financial, Inc. These activities constitute a direct violation of the commitments you
made to PFB in your Agreement.
You must immediately cease violating your obligations to PFB. Please give this matter your
prompt attention. We recommend that you review this Agreement very carefully with your attorney
and your employer.
Very truly yours,
TELEPHONE 717-761-4540
FACSIMILE 717-761-3015
E-MAIL mail@jdsw.com
March 20, 2003
J NSON D IE, S ART & WEIDNER
avid DeLuce
DW D: kkm:211230
cc: PFB Members' Service Corp.
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Johnson, Duffle, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
By: Robert M. Walker
I.D. No. 86340
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
PFB MEMBERS' SERVICE CORPORATION
510 S. 31 sr Street
Camp Hill, PA 17011
Plaintiff
V.
TERRI L. SCHOONOVER
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant
r92003
Attorneys for Plaintiff AP
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1307
CIVIL ACTION - EQUITY
PLAINTIFF'S MOTION FOR SPECIAL INJUNCTION
AND NOW, this 7th day of April 2003, comes the Plaintiff, PFB MEMBERS' SERVICE
CORPORATION ("PFB"), by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner,
moving this Honorable Court for a Special Injunction pursuant to Pa. R.C.P. 1531, and in support thereof
avers the following:
1. Plaintiff PFB's Complaint filed in this action is attached hereto as Exhibit "A" and is
incorporated herein by reference.
2. Plaintiff PFB will suffer immediate and irreparable harm through the loss of income and
business opportunities if Defendant Schoonover is not enjoined from continuing to breach the covenant
not to compete contained in her Employment Agreement with Plaintiff PFB.
3. Plaintiff PFB will suffer immediate and irreparable harm through the loss of income and
business opportunities if Defendant Schoonover is not enjoined from soliciting clients or former clients
of Plaintiff PFB in violation of her Employment Agreement with Plaintiff PFB.
4. Plaintiff PFB will suffer immediate and irreparable harm through the loss of income and
business opportunities if Defendant Schoonover is not enjoined from servicing clients or former clients
of Plaintiff PFB in violation of her Employment Agreement with Plaintiff PFB.
5. Plaintiff PFB will suffer immediate and irreparable harm through the loss of income and
business opportunities if Defendant Schoonover is not enjoined from entering into any contracts to
service clients or former clients of Plaintiff PFB in violation of her Employment Agreement with Plaintiff
PFB.
6. Plaintiff PFB will suffer immediate and irreparable harm through the loss of income and
business opportunities if Defendant Schoonover is not required to rescind any contracts with any of
Plaintiff PFB's existing or former clients to the extent such contracts were entered into as a result of
Plaintiff Schoonover's violation of her Employment Agreement with Plaintiff PFB.
7. Plaintiff PFB will suffer immediate and irreparable harm through the loss of income and
business opportunities if Defendant Schoonover is not enjoined from interfering with the contractual
relationships between Plaintiff PFB and its clients in violation of her Employment Agreement with
Plaintiff PFB.
8. The granting of a Special Injunction will maintain the status quo by allowing Plaintiff PFB
to continue to enjoy its rights under its relationships with its clients as it did prior to Defendant
Schoonover's wrongful conduct.
9. Plaintiff PFB's right to relief is clear in that the counts of breach of contract and tortuous
interference with contractual relations that have been alleged against Defendant Schoonover represent
manifest wrongs.
10. The harm that might result to Defendant Schoonover from the entry of a Special
Injunction will be substantially less than the harm which is being done to Plaintiff PFB while such relief
is not granted.
11. Plaintiff PFB's right to a Special Injunction is clear.
12. By reason of the foregoing, Plaintiff PFB will suffer immediate and irreparable harm and
is therefore without an adequate remedy at law.
WHEREFORE, Plaintiff PFB respectfully requests that this Honorable Court issue an injunction
preliminarily until final hearing and permanent thereafter:
a. Enjoining and restraining Defendant Schoonover from breaching her
Employment Agreement with Defendant PFB by continuing to breach the covenant not to compete
contained in her Employment Agreement with Plaintiff PFB;
b. Enjoining and restraining Defendant Schoonover from soliciting clients or former
clients of Plaintiff PFB in violation of her Employment Agreement with Plaintiff PFB;
C. Enjoining and restraining Defendant Schoonover from servicing clients or former
clients of Plaintiff PFB in violation of her Employment Agreement with Plaintiff PFB;
d. Enjoining and restraining Defendant Schoonover from entering into any contracts
to service clients or former clients of Plaintiff PFB in violation of her Employment Agreement with
Plaintiff PFB;
e. Enjoining and restraining Defendant Schoonover from interfering with the
contractual relationships between Plaintiff PFB and its clients in violation of her Employment Agreement
with Plaintiff PFB.
f. Requiring Defendant Schoonover to rescind any contracts with any of Plaintiff
PFB's existing or former clients to the extent such contracts were entered into as a result of Plaintiff
Schoonover's violation of her Employment Agreement.
g. Scheduling this matter for a hearing on the merits; and
Granting such other relief as this Honorable Court deems just and proper.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
B
vi"dWW DeL e
Attorney I. D. No. 41687
Robert M. Walker
Attorney I.D. No. 86340
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
VERIFICATION
I, MICHAEL EVANISH, as Manager of PFB Members' Service Corporation, verify that I am
authorized to make the statements herein and that the statements made in the foregoing Motion for Special
Injunction are true and correct to the best of my knowledge, information and believe. I understand that false
statements made herein are made subject to the penalties of 18 Ps. C. S. A. §4904, relating to unsworn
falsification to authorities.
Date: 7 9o By:
Michael Evanish
CERTIFICATE OF SERVICE
AND NOW, this 1- day of April 2003, the undersigned does hereby certify that he did this date
serve a copy of the foregoing Motion For Special Injunction by causing same to be deposited in the United
States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Terri L. Schoonover
C/O Farley Financial Services, Inc.
521 Main Street
Towanda, PA 18848
Defendant
:211931.1
Johnson, Duffle, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
By: Robert M. Walker
I.D. No. 86340
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
PFB MEMBERS' SERVICE CORPORATION
510 S. 31St Street
Camp Hill, PA 17011
Plaintiff
V.
TERRI L. SCHOONOVER
R. R. #2, Box 140-A
Towanda, PA 18848
Defendant
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1307
CIVIL ACTION - EQUITY
NOTICE TO DEFEND
To the Defendant:
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 complaint and notice is served, by entering a
written appearance personally or by attorney and filing in writing with the court your defense or objections to
the claims set forth against you. You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17093
Telephone: (717) 249-3166
:211498
Johnson, Duffle, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
By: Robert M. Walker
I.D. No. 86340
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
PFB MEMBERS' SERVICE CORPORATION IN THE COURT OF COMMON PLEAS OF
510 S. 31St Street CUMBERLAND COUNTY, PENNSYLVANIA
Camp Hill, PA 17011 ;
NO. 03-1307
Plaintiff
CIVIL ACTION - EQUITY
V.
TERRI L. SCHOONOVER
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant
COMPLAINT
AND NOW, this 7th day of April 2003, comes Plaintiff, PFB MEMBERS' SERVICE CORPORATION,
by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint, and
in support thereof avers as follows:
Parties
1. Plaintiff, PFB Members' Service Corporation ("PFB"), is a Corporation organized under the
laws of the Commonwealth of Pennsylvania with its principal place of business located at 510 South 31St
Street, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. Defendant Terri L. Schoonover ("Schoonover"), is an adult individual who resides at Rural
Route #2, Box 140-A, Towanda, Bradford County, Pennsylvania, 18848.
3. As of October 2002, Defendant Schoonover has a business address of 521 Main Street,
Towanda, Bradford County, Pennsylvania, 18848.
VENUE
4. Venue is proper in Cumberland County, as the Employment Agreement (hereinafter the
"Employment Agreement") through which Plaintiff PFB's rights and remedies arise was executed here, and
further, in executing the Employment Agreement, Plaintiff PFB and Defendant Schoonover agreed that this
Court shall have subject matter and personal jurisdiction.
FACTS
5. On August 25, 2000, Plaintiff PFB and Defendant Schoonover entered into an Employment
Agreement whereby Defendant Schoonover agreed to work for Plaintiff PFB as an Account Supervisor in a
geographic territory assigned by Plaintiff PFB consisting of all or part of Bradford County, Sullivan County,
and Wyoming County, Pennsylvania, providing farm management counseling and tax reporting services to
clients of Plaintiff PFB in accordance with procedures established by Plaintiff PFB. A true and correct copy
of this Employment Agreement is attached hereto as Exhibit "A" and made part hereof.
6. Under paragraph 6 of the Employment Agreement, Defendant Schoonover agreed to be
bound by, among other things, a covenant not to compete against Plaintiff PFB. The covenant in paragraph
6 of the Employment Agreement is set forth in its entirety as follows:
"Employee hereby covenants and agrees with Employer that, during the "Non-
Compete Period" and within the "Non-Compete Area," Employee shall not directly or
indirectly, either as an employee, employer, consultant, agent, principal, partner,
stockholder, corporate officer, director, or in any other individual or representative
capacity, engage in or participate in any business which provides any goods or services
competitive in any way with the goods and services provided by Employee for Employer
under this Agreement nor shall Employee, directly or indirectly, solicit the business of
any customers/clients of the Employer or perform for such customers or clients, nor
solicit the performance, neither in person nor through any other entity with which he/she
is associated, any of the services of the nature of those performed by Employee for
Employer."
7. Paragraph 6 of the Employment Agreement defines "Non-Compete Period" as
commencing on the date of the Employment Agreement and terminating two years after expiration or
termination of Defendant Schoonover's employment with Plaintiff PFB, and defines "Non-Compete
Area" as being the geographic territory or territories assigned to Defendant Schoonover in the last two
years of her employment with Plaintiff PFB and is limited only to Plaintiff PFB's members in said
territory or territories.
8. On September 4, 2002, Defendant Schoonover resigned. A true and correct copy of this
resignation notice is attached hereto as Exhibit" "B" and made part hereof.
9. As of the date of Defendant Schoonover's resignation from employment from Plaintiff
PFB and continuing to this date, Plaintiff PFB continues to service clients in the aforementioned
geographic territory.
10. On or about October 1, 2002, Defendant Schoonover entered into employment and
began working for Farley Financial, Inc. a corporation organized under the laws of the Commonwealth
of Pennsylvania with offices located at 521 Main Street, Towanda, Bradford County, Pennsylvania
18848.
11. Following the date of her separation from employment with Plaintiff PFB and beginning
on or about the date of her employment with Farley Financial, Inc., Defendant Schoonover solicited
clients of Plaintiff PFB in the aforementioned geographic territory in direct violation of the Employment
Agreement.
12. To date, Defendant Schoonover has solicited and retained, either for herself or on behalf
of her employer Farley Financial, Inc., twenty four (24) clients of Plaintiff PFB.
13. As a direct and proximate result of Defendant Schoonover's solicitation and retention of
the aforementioned clients of Plaintiff PFB, said clients have terminated their business relationship with
Plaintiff PFB.
14. Defendant Schoonover's solicitation and retention of Plaintiff PFB's clients and service to
said clients is a direct violation of the Employment Agreement as Defendant Schoonover now competes
with Plaintiff PFB by providing farm management counseling and tax reporting services to the clients of
Plaintiff PFB within the aforementioned geographic area.
15. By letter dated March 20, 2003, Plaintiff PFB notified Defendant Schoonover that her
actions violated the Employment Agreement and demanded that Defendant Schoonover immediately
cease violating her obligations to Plaintiff PFB pursuant to the Employment Agreement. A true and
correct copy of this letter is attached hereto as Exhibit "C" and made part hereof.
16. During the course of her employment with Plaintiff PFB, Defendant Schoonover was
introduced to, worked with and serviced Plaintiff PFB's clients and was trained procedures in servicing
those clients. During the course of her employment, Defendant Schoonover also received specialized
training and was exposed to Plaintiff PFB's method of conducting its business specializing in
accounting and income tax preparation for Pennsylvania farmers.
17. It is believed, and therefore averred, that since terminating her employment with Plaintiff
PFB, Defendant Schoonover has solicited and continues to solicit other clients of Plaintiff PFB within
the aforementioned geographic area to hire her or her employer Farley Financial, Inc. for the purposes
of providing farm management counseling and tax reporting services in violation of the Employment
Agreement.
Count I - Breach of Contract
Non-Compete Employment Agreement
18. The foregoing numbered Paragraphs are incorporated herein by reference.
19. Defendant Schoonover's actions constitute an intentional violation of the covenant not to
compete contained in the Employment Agreement which are ongoing and causing immediate and
irreparable harm to Plaintiff PFB.
20. Paragraph 6 of the Employment Agreement expressly entitles Plaintiff PFB to equitable
relief without bond, enjoining Defendant Schoonover from soliciting and/or serving clients or former
clients of Plaintiff PFB within the aforementioned geographic area.
21. Plaintiff PFB will continue to suffer immediate and irreparable harm if the actions of
Defendant Schoonover are not enjoined, including but not limited to the loss of clients, profits, business
reputation, market share and confidential information.
22. Accordingly, Plaintiff PFB has no adequate remedy at law.
WHEREFORE, Plaintiff PFB demands judgment against Defendant Schoonover, including an
Order:
A. Preliminarily and thereafter permanently enjoining Defendant Schoonover from
breaching her Employment Agreement with Plaintiff PFB;
B. Preliminarily and thereafter permanently enjoining Defendant Schoonover from soliciting
and/or servicing in any manner any existing or former clients of Plaintiff PFB within the aforementioned
geographic area for the remaining period of the covenant not to complete contained within the
aforementioned Employment Agreement.
C. Awarding Plaintiff PFB monetary damages for its loss in an amount in excess of the
minimum amount for compulsory arbitration; and
D. Any other relief this Court deems just.
Count II - Tortious Interference With Contractual Relations
23. The foregoing numbered Paragraphs are incorporated herein by reference.
24. By soliciting and servicing Plaintiff PFB's clients, Defendant Schoonover has tortiously
interfered, and continues to tortiously interfere, with Plaintiff PFB's contractual relations with said
clients.
25. Defendant Schoonover's actions have deprived Plaintiff PFB of its rights under the
Employment Agreement. to Plaintiff PFB's detriment, financially and otherwise.
26. As the direct and proximate result of the tortious interference of Defendant Schoonover
with Plaintiff PFB's contractual relations with its clients, Defendant Schoonover has been unfairly and
unjustly enriched to the extent of all revenues heretofore and hereafter derived from or in connection
with said tortious interference with Plaintiff PFB's contractual relations.
WHEREFORE, Plaintiff PFB demands judgment against Defendant Schoonover, including an
Order:
A. Preliminary and thereafter permanently enjoying Defendant Schoonover's continued
tortuous interference with Plaintiff PFB's contractual relations with its clients;
B. Awarding Plaintiff PFB compensatory damages;
C. Awarding Plaintiff PFB punitive damages;
D. Awarding Plaintiff PFB counsel fees and costs; and
E. Any other relief this Court deems just.
Respectfully submitted,
JOH 4W. IE EWA & WEIDNER
By.
DaLuce
Attorney I.D. No. 41687
Robert M. Walker
Attorney I.D. No. 86340
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
VERIFICATION
I, MICHAEL EVANISH, as Manager of PFB Members' Service Corporation, verify that I am
authorized to make the statements herein and that the statements made in the foregoing Complaint are true
and correct to the best of my knowledge, information and believe. I understand that false statements made
herein are made subject to the penalties of 18 Ps. C. S. A. §4904, relating to unsworn falsification to
authorities.
Date: 6 By:?"(?-? -71 Michael Evanish
CERTIFICATE OF SERVICE
AND NOW, this -Y-- day of April 2003, the undersigned does hereby certify that he did this date
serve a copy of the foregoing Complaint upon Defendant by causing same to be deposited in the United
States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Terri L. Schoonover
C/O Farley Financial Services, Inc.
521 Main Street
Towanda, PA 18848
Defendant
:211500.4
PFB MEMBERS' SERVICE CORPORATION
THIS AGREEMENT, made this day of I -- , , ccv , by and between
PFB MEMBERS' SERVICE CORPORATION, ereinafter referred to as "Employer," and
hereinafter referred to as "Employee."
1) Employer agrees to employ or continue the employment of Employee and Employee accepts employment with or accepts
continued employment by Employer to provide form management counseling and tax reporting services to clients of Employer
in accordance with the procedures established from time to time by Employer and under the supervision and direction of
Employer.
2) Employee agrees to devote full time to the performance of his/her duties hereunder and to exert his/her best efforts to
expand the clientele to include all Pennsylvania Farm Bureau ("PFB' members in need of such service, to keep the cost of
service at the lowest level consistent with good operational and managerial procedures and to constantly upgrade the quality of
services and the proficiency level provided to clients. Employee agrees not to accept any other employment or undertake any
other business venture(s) during the term of this contract without the express written consent of employer.
3) Employee shall be compensated in accordance with an Incentive Wage Program as established and amended from time
to time by Employer which shall be based upon, but not limited to, factors such as length of service, net gross revenue produced
from accountsserved, and other performance based standards to be determined by Employer (hereinafter "Compensation and
Benefit Programm). The said Compensation and Benefit Program then In effect is made a part of this Agreement. The Employee
shall be notified in writing of any changes to the Compensation and Benefit Program at least six (6) months prior to any such
change. With the exception of the provisions contained in the policy booklet of MSC Business Services and the Compensation
and Benefit Program, Employee shall be entitled to the same benefits as set forth in the PFB and Affiliated Company Personnel
Manual, as are amended from time to time.
4) Employee shall be responsible for carrying out all such duties listed In the Compensation and Benefit Program, and any
other such duties as assigned by Employer from time to time.
5) Employee acknowledges that his/her employment with Employer is at will and can be terminated at any time by either party
for any or no reason. In the event the Employee resigns, he/she shall provide at least two (2) weeks prior written notice of such
resignation except that between December 1 and April 15 of any year, Employee agrees to provide at least thirty (30) days prior
written notice.
6) In consideration of the covenants of the Employer contained herein and of. the additional compensation set forth in the
attached Compensation and Benefit Program, Employee agrees as follows:
A. The Employee shall, upon request by Employer during or after the period of his/her employment, furnish to
Employer all information and property of Employer as may be In Employee's possession, and cooperate fully with
Employer or Its affiliates as may be required in connection with any claims or legal actions in which Employer is
or may become a patty.
B. Employee hereby covenants and agrees with Employer that, during the "Non-Compete Period" and within the
"Non-Compete Area; Employee shall not directly or Indirectly, either as an employee, employer, consultant,
agent, principal, partner, stockholder, corporate officer. director, or in any other Individual or representative
capacity, engage In or participate in any business which provides any goods or services competitive In any way
with the goods and services provided by Employee for Employer underthis Agreement nor shall Employee, directly
or indirectly, solicit the business of any customers/clients of the Employer or perform for such customers or clients,
nor solicit the performance, neither In person nor through any other entity with which he/she is associated, any of
the services of the nature of those performed by Employee for Employer.
C. The 'Non-Compete Period" shall commence on the date hereof and terminate two (2) years after expiration
or termination of Employee's employment with Employer under this Agreement. The 'Non-Compete Area" shall
be the geographic territory or territories assigned to Employee in the last two (2) years of his/her employment with
Employer and shall be limited only to PFB members in said territory or territories.
D. During the term of this Agreement, Employee will have access to and become familiar with various trade
secrets, consisting of methodologies, devices, processes, client lists, records and other documents that are owned
by Employer and that are regularly used In the operation of the business of Employer. Employee shall not disclose
any of these trade secrets, directly or indirectly, or use them in any way, either during the term of this Agreement
A -S CONTRACT.wpd I
or at any later time except as required In the course of his or her employment hereunder. All files, records,
documents, drawings, specifications, equipment and similar items relating to the business of Employer, whether
prepared by Employee or otherwise coming into his or her possession, shall remain the exclusive property of
Employer and shall not be removed and shall at all times be promptly made available and tamed over to Employer
at Employer's request.
E. AN parties hereto acknowledge the necessity of protection against the competition of the Employee and that the
nature and scope of such protection has been carefully considered by the parties. Any geographic area covered
is expressly acknowledged and agreed to be fair, reasonable and necessary. In the event any covenant contained
in this Paragraph S is held to be invalid, illegal or unenforceable because of the duration of such covenant, the
geographic area covered thereby, or otherwise, the parties agree that the tribunal making such determination shall
have the power to reduce the duration, the area and/or other provisions of any such covenant to the maximum
permissible and to include as much of its nature and scope as will render it enforceable, and, in its reduced form
said covenant shall be valid, legal and enforceable.
F. Employee acknowledges that His/her breach or threatened or attempted breach of any provision of this
Paragraph 6 would cause irreparable harm to the Employer not compensable in monetary damages and that the
Employer shall be entitled, in addition to all other applicable remedies allowed by law, to a temporary and
permanent injunction without bond in a decree for specific performance of the terms of this Paragraph 6. Nothing
herein contained shall be construed as prohibiting Employer from pursuing any other remedy available to it for such
breach or threatened or attempted breach.
7) Employee shall be granted the exclusive right to provide professional services as set forth herein for Employer in a territory
formally assigned to him or her and to the clientele generated by his/her efforts in such territory. Employee acknowledges that
Employer has the right to assign all territories and determine the boundaries thereof which may be amended from time to time
as determined by Employer. Employer, If In Its own discretion believes that a portion of a territory assigned to Employee Is not
properly being serviced, shall have the sole right to assign such territory or part of such territory to another employee.
8) In the event Employee must relinquish accounts at the determination of Employer, Employee's compensation for those lost
accounts shall be as set forth in the Compensation and Benefit Program and the policy for account buydown provisions then In
effect. Client accounts relinquished at the request of Employee will be considered a voluntary relinquishment of accounts and
Employee shall not be compensated therefore under the provisions of this paragraph, the Compensation and Benefit Program
or the account buydown provisions. Similarly, accounts relinquished because of the inability of Employee to render proper
service to clients, as determined by Employer, shall be considered a voluntary relinquishment of accounts and Employee shall
not be compensated under the provisions of this paragraph, the Compensation and Benefit Program or the account buydown
provisions.
9) The rights and obligations of Employee hereunder are not assignable or delegable and any assignment or delegation shall
be null and void.
10) This Agreement shall be interpreted under and subject to and governed by the laws of the Commonwealth of Pennsylvania
and all questions concerning its validity, constriction, and administration shall be determined In accordance thereby.
11) This Agreement supercedes and terminates all prior Employment Agreements between the parties, and Employee
acknowiedges that consideration was provided to him/her at the time of execution hereof.
12) This Agreement is accepted by Employer at Hs Camp Hill, Cumberland County, Pennsylvania office. The parties hereto
agree that in any legal action arising In any way out of this Agreement, the Court of Common Pleas of Cumberland County,
Pennsylvania shall have subject matter jurisdiction and personal jurisdiction of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
WITNESS: ?l? P r?l . f.U?oo.Qe
WITNESS: :S?;t
070198
EMPLOYER:'
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EMPLOYEE: C, I'V)
A_S CONTRACT.wpd 2
September 4, 2002
PFB-MSC
P. O. Box 8736
Camp Hill, PA 17011
Dear Mr. Evanish,
It is with regret that I submit my resignation and two weeks notice. I have
accepted a position with a local CPA firm as a staff accountant.
I have enjoyed my two years working with the PA Farm Bureau and wish you
much success in the future.
Please inform me as to when my office equipment and records will be picked up.
Respectfully Yours,
Mrs. Terrie Lynn Schoonover
LAW OFFICES FIE COPY
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
JERRY R. DUFFLE 301 MARKET STREET HORACE A. JOHNSON
RICHARD W. STEWART P. O. BOX 109 COUNSEL TO THE FIRM
C. ROY WEIDNER. JR. LEMOYNE, PENNSYLVANIA 17043-0109
EDMUND G. MYERS WEBSITE: www.jdsw.com
DAVID W. DELUCE
RALPH H. WRIGHT, JR. TELEPHONE 717-761-4540
DAVID J. LANZA FACSIMILE 717-761-3015
MARK C. DUFFLE E-MAIL mai1Gjdsw.com
MELISSA PEEL GREEVY WRITER'S EXT. NO. 115
MICHAEL J. CASSIDY E-MAIL dwd@jdsw.com
ROBERT M. WALKER
March 20, 2003
CERTIFIED MAIL
RESTRICTED DELIVERY
Terrie L. Schoonover Terrie L. Schoonover
c/o Farley Financial, Inc. R.R. #2, Box 140A
521 Main Street Towanda, PA 18848
Towanda, PA 18848
Re: PFB Members' Service Corporation
Dear Ms. Schoonover:
Please be advised that we represent PFB Members' Service Corporation ("PFB"). When you
commenced your employment with PFB, you signed into an Employment Agreement ("Agreement").
You agreed not to compete with the business of PFB for a period of two (2) years after the
termination of your employment. You ended your employment on September 18, 2002.
Our client has received very speck information that you have contacted many of PFB's
clients that you served while employed by PFB and offered them similar services with your new
employer, Farley Financial, Inc. These activities constitute a direct violation of the commitments you
made to PFB in your Agreement.
You must immediately cease violating your obligations to PFB. Please give this matter your
prompt attention. We recommend that you review this Agreement very carefully with your attorney
and your employer.
Very truly yours,
J NSON D IE, S ART & WEIDNER
avid DeLuce
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PFB MEMBERS' SERVICE IN THE COURT OF COMMON PLEAS OF
CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
TERRI L. SCHOONOVER,
DEFENDANT 03-1307 EQUITY
ORDER OF COURT
AND NOW, this L 'I day of April, 2003, IT IS ORDERED that a
hearing on plaintiffs motion for a special injunction shall be conducted in Courtroom
Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on Friday, April 25,
2003, at 8:45 a.m.,
By
Edgar B. Bayley, U.
Aavid W. DeLuce, Esquire
For Plaintiff
/erri L. Schoonover
R.R. #2, Box 140-A
Towanda, PA 18848
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PFB MEMBERS' SERVICE CORPORATION
510 S. 31 s' Street
Camp Hill, PA 17011
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1307
V.
TERRI L. SCHOONOVER
R.R. #2, Box 140-A
Towanda, PA 18848
CIVIL ACTION - EQUITY
Defendant
IN RE MOTION FOR SPECIAL INJUNCTION
ORDER OF COURT
AND NOW, this 1 day of 2003, upon presentation and consideration of the within
complaint, Motion For Special Injunction and Brief of Plaintiff PFB Members' Service Corporation, IT IS
HEREBY ORDERED AND DIRECTED THAT:
1. Defendant Schoonover is enjoined and restrained from breaching her Employment
Agreement with Defendant PFB by continuing to breach the covenant not to compete contained in her
Employment Agreement with Plaintiff PFB;
2. Defendant Schoonover is enjoined and restrained from soliciting clients or former clients of
Plaintiff PFB in violation of her Employment Agreement with Plaintiff PFB;
3. Defendant Schoonover is enjoined and restrained from servicing clients and former clients of
Plaintiff PFB in violation of her Employment Agreement with Plaintiff PFB;
4. Defendant Schoonover is enjoined and restrained from entering into any contracts to service
clients or former clients of Plaintiff PFB in violation of her Employment Agreement with Plaintiff PFB;
5. Defendant Schoonover is enjoined and restrained from interfering with the contractual
relationships between Plaintiff PFB and its clients in violation of her Employment Agreement with Plaintiff
PFB; and
6. Defendant Schoonover shall immediately rescind any contracts with any of Plaintiff PFB's
existing or former clients to the extent such contracts were entered into as a result of Plaintiff Schoonover's
violation of her Employment Agreement. -JW
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Edgar B. Bayley, J.
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PFB MEMBERS' SERVICE CORPORATION : IN THE COURT OF COMMON
Plaintiff PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
VS.
TERRI L. SCHOONOVER
Defendant NO. 03-1307 CIVIL ACTION
.........................................................................................................................
.........................................................................................................................
NOTICE
TO: Plaintiff, PFM Members' Service Corporation
510 S. 31St Street
Camp Hill, PA 17011
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER
AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A
DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU.
DATE: ? 14n
TERRIE L. SCHOONOVER
PFB MEMBERS' SERVICE CORPORATION
Plaintiff
V.
TERRI L. SCHOONOVER
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
NO. 03 CV 000147
ANSWER and NEW MATTER
TO THE HONORABLE JUDGES OF THE ABOVE-NAMED COURT,
NOW COMES Terri L. Schoonover who respectfully states as follows:
1. Admitted.
2. Admitted, except the Defendant's name is spelled Terrie.
3. Admitted in part and denied in part. Defendant Schoonover admits she has worked for an
employer whose business address 521 Main St., Towanda, PA 18848.
4. Admitted.
5. Admitted in part and denied in part. Defendant Schoonover admits that her territory
included Bradford, Sullivan, and Wyoming Counties when she started her employment
with the Plaintiff, but she worked only in Bradford County at the end of her employment.
The balance of Paragraph 5 is admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Denied. Defendant Schoonover is without sufficient information to form a belief as to
the truth of falsity of this allegation, and therefore it is denied and proof thereof is
demanded at trial.
10. Admitted.
11. Denied. Defendant Schoonover denies that she solicited any clients of the Plaintiff.
12. Denied. Defendant Schoonover denies that she solicited any clients of the Plaintiff.
Some of the Plaintiff s clients have retained Farley Financial, Inc., but they did so
because they were dissatisfied with the Plaintiff as more fully set forth below in New
Matter. Schoonover believes that approximately fifteen clients have left the Plaintiff and
chosen Farley Financial, Inc.
13. Denied. Defendant Schoonover denies that she solicited any clients of the Plaintiff.
Any clients who left the Plaintiff did so because they were dissatisfied with the Plaintiff
as more fully set forth below in New Matter.
14. Denied. Defendant Schoonover denies that she solicited any clients of the Plaintiff. The
allegation regarding violation of the agreement is a legal conclusion, and therefore no
response is necessary. Defendant Schoonover denies she provides farm management
counseling to any individuals. Schoonover now provides only income tax services to
Farley Financial Inc. clients.
15. Admitted.
16. Admitted in part and denied in part. Defendant Schoonover admits that the Plaintiff
trained her in farm management counseling; however Schoonover denies receiving
income tax preparation training. Schoonover admits that she was introduced to, worked
with and serviced some of the Plaintiffs clients.
17. Denied. Defendant Schoonover denies that she solicited any clients of the Plaintiff.
COUNTI
18. This is a legal conclusion, and therefore, no response is necessary.
19. This is a legal conclusion, and therefore, no response is necessary.
20. This is a legal conclusion, and therefore, no response is necessary.
21. Denied. Defendant Schoonover denies that the Plaintiff has suffered or will suffer any
harm as a result of Schoonover's actions. The balance of this allegation is a legal
conclusion. Therefore, no response is necessary.
22. This is a legal conclusion, and therefore, no response is necessary.
WHEREFORE, Defendant, Terrie L. Schoonover, respectfully requests that this
Honorable Court dismiss the Plaintiff's complaint.
COUNT II
23. This is a legal conclusion, and therefore, no response is necessary.
24. Denied. Defendant Schoonover denies that she solicited and or serviced any of the
Plaintiff's clients. The balance is a legal conclusion. Therefore, no response is
necessary.
25. This is a legal conclusion, and therefore, no response is necessary.
26. This is a legal conclusion, and therefore, no response is necessary.
WHEREFORE, Defendant, Terrie L. Schoonover, respectfully requests that this
Honorable Court dismiss the Plaintiff's complaint.
NEW MATTER
27. In the past five years the Plaintiff has lost at least four other accountants who were
providing farm management counseling and income tax services in the territories of
Bradford, Sullivan, and Wyoming Counties.
28. Prior to employment with the Plaintiff, Defendant Schoonover had a college degree in
accounting.
29. Prior to employment with the Plaintiff, Defendant Schoonover had approximately
nineteen years of experience in preparing income tax returns.
30. The accountant who was hired to replace Defendant Schoonover was incompetent and
was unable to adequately provide services to the Plaintiff's clients.
31. Plaintiff lost numerous customers in the three county areas following the date
Schoonover resigned because the customers were dissatisfied with the services and/or
prices provided by the Plaintiff.
32. The above-mentioned customers who left the Plaintiff interviewed and/or retained
various other accountants besides Farley Financial, Inc.
33. Paragraph 6F of the Employment Agreement states that the parties are unable to calculate
any monetary damages as a result of any breach of contract.
Respectfully submitted,
r 0 * ' `E1cY5Y?c?l. o n
Terrie L. Schoonover
VERIFICATION
I, Terrie L. Schoonover verify that the statements made in this ANSWER AND NEW
MATTER are true and correct. We understand that false statements herein are made subject to
the penalties of 18 Pa C.S. Section 4904, relating to unsworn falsification to authorities.
t? k Yl?t \C? t on
Terrie L. Schoonover
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PFB MEMBERS' SERVICE
CORPORATION,
Plaintiff
Vs.
TERRI L. SCHOONOVER,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
Defendant : NO. 03 - 1307 CIVIL ACTION
CIVIL ACTION - EQUITY
CERTIFICATE OF SERVICE
DATE OF SERVICE:
METHOD OF SERVICE:
PAPER(S) SERVED:
PARTY/ATTORNEY SERVED:
-, OQ3
Regular Mail
Answer and New Matter
David W. Deluce, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
I verify that service was made to the best of my knowledge as described
above. I make this statement subject to the penalties pursuant to 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to authorities.
? Try o ? _ ?r?Cx7`1?C511LO n
Terri L. Schoonover
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Johnson, Duffle, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
PFB MEMBERS' SERVICE CORPORATION,
Plaintiff
V.
TERRIE L. SCHOONOVER,
Defendant
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1307
CIVIL ACTION - EQUITY
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
AND NOW, this day of May, 2003, comes the Plaintiff, PFB Members' Service Corporation
("PFB"), by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Reply
to Defendant Terrie L. Schoonover's New Matter, as follows:
27. Admitted in part. Denied in part. While it is admitted PFB had some employee turnover in
this market, it is denied that PFB lost at least four (4) of their accountants who were providing farm
management, counseling and income tax services in these counties, and strict proof thereof is demanded at
the time of trial if relevant.
28. Admitted.
29. Denied. After reasonable investigation, answering Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of said averment.
30. Denied. It is specifically unequivocally denied that the employee who replaced Defendant
Schoonover, in this territory, is incompetent and unable to adequately provide services to PFB's clients.
31. Denied. It is denied that PFB lost numerous customers in the three (3) county area following
Defendant Schoonover's resignation because they were dissatisfied with services, and strict proof is
demanded at the time of trial if relevant.
32. Denied. After reasonable investigation, answering Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of said averment.
33. Denied. Paragraph 6-F of the Employment Agreement speaks for itself and any legal
conclusions thereof are deemed denied.
WHEREFORE, answering Plaintiff demands that judgment be entered in its favor and against
Defendant Schoonover as set forth in the Complaint.
JOH , DUFF WRT I DNER
B
avid . DeLAttorney I.D. No. 41687
:213656
VERIFICATION
I, MICHAEL EVANISH, as Manager of PFB Members' Service Corporation, verify that I am
authorized to make the statements herein and that the statements made in the foregoing Reply to
Defendant's New Matter are true and correct to the best of my knowledge, information and belief. I
understand that false statements made herein are made subject to the penalties of 18 Ps. C. S. A. §4904,
relating to unsworn falsification to authorities.
Date: .? By:
Michael Evanish
CERT/F/CA TE OF SER VICE
AND NOW, this ?Nkday of dM4= , 2003, the undersigned does hereby certify
that he did this date serve a copy of the foregoin laintiffs Reply to Defendant's New Matter upon the other
parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, addressed as follows:
Terrie L. Schoonover
RR2 Box 140 A
Towanda, PA 18848
JOHNSC,,DUFFIE, STF-WART & WEIDJ?ER
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PFB MEMBERS' SERVICE CORPORATION
510 S. 31 sr Street
Camp Hill, PA 17011
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
TERRI L. SCHOONOVER,
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant.
CIVIL ACTION - EQUITY
No. 03-1307
MOTION FOR PROTECTIVE ORDER UNDER Pa R C P 4012(a)
AND NOW comes Deponent, Richard Farley, acting pro se, and moves this Court for a
protective order under Pa.R.C.P. 4012(a) as follows:
I ) On or about April 7, 2003, Plaintiff PFB Members' Service Corporation
(hereinafter "PFB") filed a complaint against Defendant Terri L. Schoonover (hereinafter
"Schoonover") alleging a breach of a Non-Compete Covenant contained in an Employment
Agreement between Plaintiff and Defendant and tortious interference with contractual
relationships. A true and correct copy of said Complaint is attached hereto as Exhibit "A" and
incorporated by reference herein.
2) Said Complaint alleges that Defendant Schoonover solicited clients of Plaintiff
PFB while employed by Farley Financial, Inc.
3) Deponent, Richard Farley, is the president of Farley Financial, Inc.
4) On or about May 10, 2003 Richard Farley received service of a Subpoena to
Attend and Testify at a deposition at the Law Offices of Johnson, Duflie, Stewart & Weidner and
to bring with him documents. A true and correct copy of said Subpoena is attached hereto as
Exhibit "B" and incorporated by reference herein.
5) Pursuant to said Subpoena described in Paragraph (4), above, Deponent Richard
Farley is directed to bring to said deposition the documentation listed on the attachment to said
Supoena.
5) Richard Farley hereby objects to the production of the following documents,
which have been demanded pursuant to said Subpoena described in Paragraph (4), above:
(a) all client files that Terri Schoonover has provided services while
employed with Farley Financial, Inc.;
(b) all clients lists provided to Farley Financial, Inc. before and during her
[Schoonover's] employment; and
(c) all new clients of Farley Financial generated or contacted by Terri
Schoonover or any other former employee of PFB ... from July 1,
2002 to the present.
6) Richard Farley objects to said Subpoena, described in Paragraph (4), for the
following reasons:
(a) the scope of the documents requested demanded is unreasonably
burdensome and expensive pursuant to Pa. R.C.P. 4011 (b);
(b) production of the demanded client files, client lists and client names, if
any, would be in violation of the accountant-client privilege, set forth in
63 P.S. §9.11(a), and pursuant to Pa. R.C.P. 4003.1 (a) relating to the
discovery of privileged information;
(c) the production of the demanded documents would be unreasonably
expensive pursuant to Pa. R.C.P. 4011 (b), as Plaintiff has demanded
that Richard Farley bring voluminous documentation to the deposition
to be held at the office of its counsel located in Carlisle, Pennsylvania
and Richard Farley's place of business is located in Towanda,
Pennsylvania;
(d) pursuant to Pa. R.C.P. 4003.1 (b) and 4011 (b), (c) and (e), the
demand for the production of "all client files on which Defendant has
provided services while employed with Farley Financial, Inc." is
unreasonably burdensome and expensive, is beyond the scope of
discovery and would require an unreasonable investigation by Richard
Farley in that Plaintiff demands "all" of the client files that Defendant
has worked on, irrespective of whether such clients were ever clients of
Plaintiff, additionally, Plaintiff has not defined what constitutes the
provision of "services" on a client file and therefore this demand is
unreasonably burdensome and expensive, is beyond the scope of
discovery and would require an unreasonable investigation pursuant to
Pa. R.C.P. 4003.1 (b) and 4011 (b), (c) and (e), as Defendant has had
varying exposure to many client files; finally, Plaintiffs review of the
documents contained in client files is not reasonably calculated to lead
to the discovery of admissible evidence pursuant to Pa. R.C.P. 4003.1
(b);
(e) the demand for the production of "all client lists provided to Farley
Financial, Inc. before and during her [Schoonover's] employment," is
unreasonably burdensome and is beyond the scope of discovery,
pursuant to Pa. R.C.P. 4003.1 (b) and 4011 (b) and (c), as Plaintiff has
requested "all" client lists irrespective of the source of such list and
Plaintiff has requested client lists predating Defendant's employment
with Farley Financial, Inc.; further, production of client lists produced
either prior to Defendant's employment with Farley Financial, Inc. or
by a source other than Defendant is not reasonably calculated to lead to
the discovery of admissible evidence pursuant to Pa. R.C.P. 4003.1 (b);
and
(f) pursuant to Pa. R.C.P. 4003.1 (b) and 4011 (b), (c) and (e), the
demand for the production of the names of "all new clients of Farley
Financial generated or contacted by Terri Schoonover or any other
former employee of PFB Members' Service Corporation from July 1,
2002 to the present" is unreasonably annoying, burdensome and
expensive, is beyond the scope of discovery and would require an
unreasonable investigation, as Plaintiff has requested "all" client names
irrespective of whether such client was ever a client of the Plaintiff,
further, Plaintiffs demand for the production of the names of new
clients generated or contacted by an individual other than the
Defendant is not reasonably calculated to lead to the discovery of
admissible evidence pursuant to Pa. R.C.P. 4003.1 (b).
WHEREFORE, Richard Farley requests that this honorable Court enter an order
protecting the demanded documents from production, or, in the alternative, to quash the
Subpoena to Attend and Testify, in whole or in part. Moreover, Richard Farley respectfully
requests that this honorable Court stay the deposition scheduled for June 16, 2003.
Respectfully submitted,
Ricliard Farley
Farley Financial,
Towanda, PA 18848
Tel: (570) 265-4993
PFB MEMBERS' SERVICE CORPORATION
510S.3 I ST Street
Camp Hill, PA 17011
Plaintiff,
vs.
TERRI L. SCHOONOVER,
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
No. 03-1307
VERIFICATION
I, Richard Farley, a duly authorized agent of Farley Financial, Inc., verify that the facts in
this attached Motion are true and correct to the best of my knowledge. I understand that false
statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
PFB MEMBERS' SERVICE : IN THE COURT OF COMMON PLEAS
CORPORATION
VS. : OF CUMBERLAND COUNTY, PENNA
TERRI L. SCHOONOVER : NO. 03 -1307
......................................................................................................................................................
......................................................................................................................................................
CERTIFICATE OF SERVICE
Date of Service: May 27, 2003
Method of Service: regular mail
Paper(s) served: Motion
Party/Attorney served:
Attorney David W. DeLuce Terrie Schoonover
c/o PFB Members' Service Corporation RR #2 Box 140A
301 Market Street Towanda, Pa 18848
PO Box 109
Lemoyne, Pa 17043
I verify that service was made to the best of my knowledge as described above.
I make this statement subject to the penalties provided by Pa. 18 C.S.A. Section 4904,
relating to unsworn falsification to authorities.
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JUN 0 5 2003V v'
PFB MEMBERS' SERVICE CORPORATION
510 S. 31" Street
Camp Hill, PA 17011
Plaintiff,
VS.
TERRI L. SCHOONOVER,
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
No. 03-1307
ORDER
AND NOW, this _ 5- day of _ Cue,. , 2003, upon the Motion for Protective
Order, or, in the alternative, to quash the Subpoena to Attend and Testify, filed in the above
matter on behalf of Richard Farley, the Court hereby orders that a-heffmg shall be held on the
.Z3teJ day of 2003 at a PM. in Courtroom Number ?4_ in the
Cumberland County Courthouse, Carlisle, Pennsylvania. Pending the aforesaid hearing, it is
hereby ordered that the effectiveness of the Subpoena to Attend and Testify on June 16, 2003 is
stayed and Richard Farley shall not be required to comply with the Subpoena to Attend and
Testify served in the above-captioned case until the Court has had an opportunity to rule on the
Motion for Protective Order or in the alternative to quash the Subpoena to Attend and Testify.
J.
01; OR,
BY THE COURT:
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PFB MEMBERS' SERVICE CORPORATION
Plaintiff,
V.
TERRIE L. SCHOONOVER
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant, : NO.: 03-1307 CIVIL ACTION - EQUITY
.....................................................................................................................
.....................................................................................................................
DEMAND FOR JURY TRIAL
Defendant, Terrie Schoonover, demands a jury trial.
Respectfully submitted,
DANIEL J. BARRI:TT
Attorney at Law
Attorney I.D. 25508
610 South Main Street
Athens, PA 18810
(570) 888-0297
FAX (570) 888-4142
PFB MEMBERS' SERVICE CORPORATION :IN THE COURT OF COMMON PLEAS
Plaintiff,
V. :OF CUMBERLAND COUNTY, PENNSYLVANIA
TERRIE L. SCHOONOVER
Defendant, : NO.: 03-1307 CIVIL ACTION - EQUITY
ENTRY OF APPEARANCE
Please enter my appearance as counsel of record for the Defendant.
Respectfully submitted,
DANIEL J. BARB FT17
Attorney at Law
Attorney I.D. 25508
610 South Main Street
Athens, PA 18810
(570) 888-0297
FAX (570) 888-4142
PFB MEMBERS' SERVICE CORPORATION :IN THE COURT OF COMMON PLEAS
Plaintiff,
V. OF CUMBERLAND COUNTY,
PENNSYLVANIA
TERRIE L. SCHOONOVER
Defendant, : NO.: 03-1307 CIVIL ACTION - EQUITY
CERTIFICATE OF SERVICE
DATE OF SERVICE: June 16, 2003
METHOD OF SERVICE: First Class Mail - Postage Pre-paid
PAPER(s) SERVED: Demand for jury trial and entry of appearance
PARTY/ATTORNEY SERVED: Dave W. DeLuce
Johnson, Duffle, Stewart & Weidner
PO Box 109
Lemoyne, PA 17043-0109
I verify that service was made as described above. I make this statement
subject to the penalty of 18 Pa. C.S. Section 4904, relating to unsworn falsification
to authorities.
Shannon N. Cahill
I-
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PFB MEMBERS' SERVICE CORPORATION:
510 S. 31s` Street
Camp Hill, PA 17011,
Plaintiff
CIVIL ACTION - EQUITY
V.
TERRI L. SCHOONOVER
RR#2, Box 140-A
Towanda, PA 18848,
Defendant
No. 03-1307
ENTRY OF APPEARANCE
Please enter my appearance on behalf of Richard Farley, CPA, with regard to the
above-captioned matter.
Date: July 23, 2003
Debra K. Wallet, Esquire
24 North 32nd Street
Camp Hill, PA 17011
I.D. #23989
(717) 737-1300
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PFB MEMBERS' SERVICE CORPORATION:
510 S. 31" Street
Camp Hill, PA 17011,
Plaintiff
CIVIL ACTION - EQUITY
V.
TERRI L. SCHOONOVER
RR#2, Box 140-A
Towanda, PA 18848,
Defendant
No. 03-1307
PROOF OF SERVICE
I, Debra K. Wallet, Esq., hereby certify that on July 23, 2003, I served a true and
correct copy of the attached ENTRY OF APPEARANCE by hand delivery to:
David W. DeLuce, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Debra K. Wallet, Esquire
24 North 32nd Street
Camp Hill, PA 17011
I.D. #23989
(717) 737-1300
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PFB MEMBERS' SERVICE CORP.: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
TERRI L. SCHOONOVER,
Defendant
03-1307 CIVIL
CIVIL ACTION - EQUITY
IN RE: MOTION FOR PROTECTIVE ORDER
ORDER
AND NOW, this 8 " day of August, 2003, following argument thereon, the motion
of deponent, Richard Farley, for protective order is GRANTED in part and it is ordered and
directed that:
1. Mr. Farley will produce all personnel records, in his possession, of Terri L.
Schoonover.
2. Mr. Farley will divulge the names of all clients of Farley Financial Inc. who had a
prior relationship with PFB Members' Service Corporation for whom Farley has provided any
professional services from and after July 1, 2002. Prior to providing said names, Farley
Financial shall give notice of this order to the client involved so as to give the client not less than
fifteen (15) days to object to the disclosure. In the event that there is an objection, notice of the
objection shall be given to counsel for the plaintiff.
Information provided in accordance with this order will be; used only for the purposes of
the captioned litigation and will not be disclosed for any other purpose.
BY THE COURT,
i?•
Kev' A. Hess, J.
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/David W. DeLuce, Esquire
For the Plaintiff
i Debra K. Wallet, Esquire
For the Defendant
Arn
PFB MEMBERS' SERVICE CORPORATION : IN THE COURT OF COMMON PLEAS
Plaintiff,
V. : OF CUMBERLAND COUNTY, PENNSYLVANIA
TERRIE L. SCHOONOVER
Defendant, : NO.: 03-1307 CIVIL ACTION - EQUITY
....................................................................................................................
...................................................................................................................
REQUEST TO ADMIT
To PFB Members' Service Corporation
c/o Dave W. DeLuce, Esq.
Johnson, Duffle, Stewart & Weidner
PO Box 109
Lemoyne, PA 17043-0109
Pursuant to the rules of civil procedure, you are requested to admit that the
following statements are true.
1. That the information in the note attached as exhibit 1 is true and correct.
2. That the information in the note attached as exhibit 2 is true and correct.
3. That the information in the note attached as exhibit 3 is true and correct.
4. That the information in the note attached as exhibit 4 is true and correct.
5. That the information in the note attached as exhibit 5 is true and correct.
6. That the information in the note attached as exhibit 6 is true and correct.
7. That the information in the note attached as exhibit 7 is true and correct.
8. That the information in the note attached as exhibit 8 is true and correct.
9. That the information in the note attached as exhibit 9 is true and correct.
10. That the information in the note attached as exhibit 10 is true and correct.
11. That the information in the note attached as exhibit 11 is true and correct.
12. That the information in the note attached as exhibit 12 is true and correct.
13. That the information in the note attached as exhibit 13 is true and correct.
14. That the information in the note attached as exhibit 14 is true and correct.
15. That the information in the note attached as exhibit 15 is true and correct.
Respectfully submitted,
Athens, PA 18810
(570) 888-0297
FAX (570) 888-4142
IEL J. BARRIiTT
Attorney at Law
Attorney I.D. 25508
610 South Main Street
Douglas R Alderfer
FLD.#1 Box 217
Troy, Pa. 16947-9744
May 2, 2003
To Whom It May Concern,
Due to the many Accountants I had with PFB Members' Service
Corporation, I decided it was time to change Accounting Firms. So I
contacted "Farley Accounting Service" to see if they would be interested
in doing by taxes.
It was not from a phone call or letters from Terris Schnoover that I
chose Farley Accounting but from other people who use Farley Accounting.
Sincerely,
Douglas R. Alderfer &
Partner m H. Willard Alderfer & Son
(Farm Account)
D,e .
H. Willard & Gladys L. Alderfer
RD.#1 Box 217
Troy, PA 16947-9744
May 2, 2003
To Whom It May Concerned,
As PFA knows, we were not happy with their many changeovers. in Accountants. In the fifteen years
we used their services, we went through 7 Accountants and received a letter towards the end of 2002 that
we would be getting a new Accountant again. We decided to call the Tax-Prepamr we used before going
with PFA, to see if he would take us back on. Also, listened to other suggestions from other Businesses
where they were having their taxes done.
Terrie Schnoover did not solicit our business through letter or phone call, we found out through an-
other person that she was working for "Farley Accounting Service" and called Farley's to see if they
could do our taxes.
Sincerely,
H. Willard Alderfer also
H. Willard Alderfer & Son (Farm Account)
Gladys L. Alderfer also
Alderfer's Food Pantry (Operator of)
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WILLIAM BROWN
R.R.#2, BOX 430,
ROSE, PA. 18837
May 5, 2003
To whom it may concern;
It has been brought to my attention that there is a question
reguarding our choice to employ a new accountant, or the method I
employed same.
We had been questioning for sometime why we were payi= so
much for Farm Bureau Services after we sold our herd in 1995.
When we found out we were to have a new accountant, we decided
this was a good time to look elsewhere.
I went to the yellow pages and Richard Farley's Tax Service was
at the top of the page, I called and found out he was very knowageable
in farm accounts,and was cheaper, so we employed him.
Very truel,y yours,
William Brown
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WINDWOOD VEAL INC.
R.D. 2, BOX 248 • TOWANDA, PA 18848
717-265-6784 • FAX: 717-265-5206
Mav 12.03
To Whom It Mav Concern.
LARRY & CONNIE FORREST
Owners
After we were informed by Pennsylvania Farm Bureau that we, as self-employed
farmers and our trucking company Windwood Veal Inc., would be getting a new
accountant again we decided to look for a well established accounting firm in our local
area. In our search we discovered Farley Financial that could not only offer us excellent
service but also a better rate. Thev could also support us in using QuickBooks which we
have previously used.
After contacting PFB and speaking with Mike Evanish about this change, the way
we were spoken to and the follow-up letter only confirmed we had made the right
decision. In no way were we solicited by Terrie Schoonover.
?Ohcerely, /L
RWindwood Veal Inc.
:Larry & Connie Forrest
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May 1, 2003
To Whom It May Concern at the Farm Bureau:
We left the Farm Bureau for two reasons, one of them being cost. Our
fee for 2002 was going to be exactly double what :it was when we signed
up in 1991. While that may be fine for the accounting world, the milk
check is still the same. As Mr. Evanish has stated in several articles that
we've read, us farmers need to tighten our belts. Our belts are so tight
now that we can hardly breathe. It's time to cut out unnecessary
expenses, and aside from the actual taxes, we never used the additional
information we received through the Farm Bureau. Paying for something
we don't use? Not a good idea.
The other reason we left is because of Ms. Schoonover's replacement.
While Mr. Moyer is a nice person, we only know of him as a farmer, not
as an accountant. When we received the letter stating that he would be
coming on as our accountant, we felt it was time to look elsewhere.
We shopped around for an accountant. When we contacted Farley
Accounting Services, we found that their fees and services were within
our budget and our expectations. It was a nice surprise to discover that
Ms. Schoonover was employed there.
And that's what it was--a surprise. She never approached us in any
manner to solicit our business. She has always been very professional.
When we asked her where she was going, she replied 'I've found a
position elsewhere that keeps me closer to home.'' That's it. We didn't
know where she was going, or even if she was going to continue in the
accounting field.
Ms. Schoonover is a fine person, and we feel lucky to be able to work
with her. You must realize, however, that we did not go to her, we left
you. We thank you in advance for your understanding in this matter, as
we hope this will clarify our position.
06"
& Helen Olewnik
RR 2 Box 27
V6'ysox, PA 18854
(570) 265-8866
CX 1?)
Farley Accounting
521 Main St.
Towanda, PA 18853
2 May 2003
Dear Mr. Farley:
This letter is to inform you of my reasons for hiring you as my tax accountant
Luke Vande Mark of Pennsylvania Farm Bureau was my accountant for years and I
appreciated his advice and expertise. When Luke retired, Terri Schoonover was assigned
tons. She was knowledgeable, helpful and a pleasure to work with. When Terri left
PFB, I was assigned a person who was unacceptable to me.
I've always paid my PFB bill one year in advance; therefore, I called and requested my
money back. They returned half. I had no consulting visits after I prepaid, so I again
requested it all be given back. Michael Evanish sent me a snippy letter stating that I had
been billed incorrectly (by Terri) and actually owed considerably more.
I called Terri (with whom I had no contact since she left PFB) to question her. She
insisted that she had billed me properly. I then asked whom she could recommend as an
accountant. That is when I learned Terri now worked for you. Since your service had
been recommended by other clients to both me and my wife. I asked about your fees.
What I heard suited me and I have been satisfied with your business.
If I can be of any help, as a witness or by filling in more details, please contact me
Sincerely,
B. Mark Smith-Gary
RR 1 Box 249
Wyalusing, PA 18853
746-3969
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WOLFS-ACRES FARM
R.D. I Box 94
Athens. PA 18810
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May 15, 2003
PFB Members' Service Corporation
P.O. Box 8736
Camp Hill, PA 17001-8736
Attn: Mr. Louis Sallie
Mr. Sallie,
I spoke with Sue Lassie this morning concerning the law suit you have brought
against Mrs. Terrie Schoonover. She advised me to send a letter to you stating my
reason for leaving PFB Accounting Services.
After receiving a letter from PFB stating that if I wanted to get my taxes done for
2002 I needed to send my information to Camp Hill, I chose to change accountants.
I was in the middle of a divorce and sending Camp Hill my financial information
was not acceptable. In no way did Terrie Schoonover or Farley Accounting solicit
my business. I simply chose to change accountants. I forwarded your letter to my
then husband and gave him the option to use your services.
Please be advised that a copy of this letter will be sent to Farley Accounting. If it is
necessary, I will testify in a court of law to the above information.
Sincerely,
Sandra P. Eastman
cc: Farley Accounting
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May 22, 2003
To Whom It May Concern,
Please be advised that I was not solicited by Terrie Schoonover to utilize
her business services.
I decided to discontinue using the services of the Pennsylvania Farm
Bureau, primarily because the increasing cost of the services became
prohibitive for our orchard. Secondly, the frequent staff turnover was
inconvenient.
Sincerely
2VA9'Eleanor L. Loomis
Bohlayer's Orchard
Troy, PA
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PFB MEMBERS' SERVICE CORPORATION
Plaintiff,
V.
TERRIE L. SCHOONOVER
Defendant,
DATE OF SERVICE:
METHOD OF SERVICE:
PAPER(s) SERVED:
PARTY/ATTORNEY SERVED:
IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 03-1307 CIVIL ACTION - EQUITY
CERTIFICATE OF SERVICE
September 4, 2003
First Class Mail - Postage Pre-paid
Request to admit
Dave W. DeLuce
Johnson, Duffle, Stewart & Weidner
PO Box 109
Lemoyne, PA 17043-0109
I verify that service was made as described above. I make this statement subject to
the penalty of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Shannon N. Cahill
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PFB MEMBERS' SERVICE CORPORATION : IN THE COURT OF COMMON PLEAS
Plaintiff,
V. : OF CUMBERLAND COUNTY, PENNSYLVANIA
TERRIE L. SCHOONOVEP,
Defendant, : NO.: 0.9-1307 CIVIL ACTION - EQUITY
REQUEST FOR ADMISSIONS
You are requested to admit that paragraph one, as of the time of the filing of
the complaint, Plaintiff had no direct information that the Defendant, or her
current employer, had solicited the accounting work of any customer of client
of PFB Members' Service Corporation.
2. That on August 22, 2003, Plaintiff had no information as to whether clients
had been solicited by Defendant or her current employer.
3. That on August 22, 2003, Plaintiff had no :information as to which of Plaintiff s
clients had stopped using its services due to the acts alleged in the complaint.
4. That as of August 22, 2003, the Plaintiff had no information that any of its
clients had stopped using it services due to the acts alleged in the complaint,
other that Plaintiffs conclusion that the volume of lost clients must be
attributable to Defendant's solicitation.
5. That as of August 22, 2003, the Plaintiff had no information from any former
client that the former client had stopped using services of Plaintiff due to the
acts alleged in the complaint.
Respectfully submitted,
DANIEL J. BARRETT
Attorney at Law
Attorney I.D. 25508
228 South Main Street
Athens, PA 18810
(570) 888-029-7
7370 FAX (570) 888-4142
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PFB MEMBERS' SERVICE CORPORATION :IN THE COURT OF COMMON PLEAS
Plaintiff,
V.
TERRIE L. SCHOONOVER
OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant, : NO.: 03-1307 CIVIL ACTION - EQUITY
.......................................................................................................................
.......................................................................................................................
CERTIFICATE OF SERVICE
DATE OF SERVICE: September 12, 2003
METHOD OF SERVICE: First Class Mail - Postage Pre-paid
PAPER(S) SERVED: Request to admit, Defendant's second set of
Interrogatories
PARTY/ATTORNEY SERVED: Dave W. DeLuce
Johnson, Duffle, Stewart & Weidner
PO Box 109
Lemoyne, PA 17043-0109
I verify that service was made as described above. I make this statement subject to
the penalty of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
'Jaur'11112 Oak
Shannon N. Cahill
7370
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PFB MEMBERS' SERVICE CORPORATION:
510 S. 31" Street
Camp Hill, PA 17011,
Plaintiff
CIVIL ACTION - EQUITY
V.
No. 03-1307
TERRIE L. SCHOONOVER
RR#2, Box 140-A
Towanda, PA 18848,
Defendant
ENTRY OF APPEARANCE
Please enter my appearance on behalf of Terrie L. Schoonover, with regard to the
above-captioned matter.
Date: March 8, 2004 &Au
Debra K. Wallet, Esquire
24 North 32nd Street
Camp Hill, PA 17011
I.D. #23989
(717) 737-1300
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PFB MEMBERS' SERVICE CORPORATION:
510 S. 3151 Street
Camp Hill, PA 17011,
Plaintiff
CIVIL ACTION - EQUITY
V.
No. 03-1307
TERRIE L. SCHOONOVER
RR1t2, Box 140-A
Towanda, PA 18848,
Defendant
PROOF OF SERVICE
I, Debra K. Wallet, Esq., hereby certify that on March 8, 2004, I served a true and
correct copy of the attached ENTRY OF APPEARANCE by first class mail, postage prepaid,
addressed as follows:
David W. DeLuce, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
tom, U.
Debra K. Wallet, Esquire
24 North 32nd Street
Camp Hill, PA 17011
I.D. #23989
(717) 737-1300
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One Courthouse Square
Carlisle, PA 17013
11 A N' O F F i C' F. S
P ON
DUFFIE
January 11, 2006
OF COUNSEL
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WRITER'S EXT. N0. 122
E-MAIL wdm<ljdsw.com
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Re: PFB Members' Service Corporation v. Terrie L. Schoonover
No. 03-1307 Civil Term
In Equity
Dear Sir or Madam:
Enclosed herein please find an original and one (1) copy of the Plaintiff's Motion to
Compel Disclosure of Information and related proposed Order in the above-referenced matter.
Please file the original of record and return to me in the enclosed self-addressed
stamped envelope a time-stamped copy of the same.
If you have any further questions or concerns, please feel free to contact me directly.
Very truly yours,
W DM:ead:266612
Enclosures
cc: Frank Niemick, Esquire
Debra K. Wallet, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
Wade D. Manley!
50! 411RIQ'rSl12LIIT P0.Ii0.A 109 U,A10lVl.PHANSVI\.AAIA 1;041-() 109
VC\ttiJUMS CON1 -117,761Ji40 PAN 717.7615011 A11,0I1)S1A'.CO\I
JOHNSON, DUFFIE, STEWART & WEIDNER, P.C.
Johngon, Duffle, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
By: Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
PFB MEMBERS' SERVICE CORPORATION
Plaintiff
V.
TERRI L. SCHOONOVER
Defendant
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1307
CIVIL ACTION -EQUITY
PLAINTIFF'S MOTION TO COMPEL DISCLOSURE OF INFORMATION
AND NOW, this day of January, 2006, comes the Plaintiff, PFB Members' Service
Corporation, by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and
moves this Honorable Court for an Order requiring the disclosure of tangible things and the identity and
location of persons having knowledge of any discoverable matter pursuant to Pennsylvania Rule of Civil
Procedure 4003.1(a), and in support thereof avers as follows:
1. PFB Members' Service Corporation, ("PFB"), filed a Complaint against the Defendant,
Terri L. Schoonover ("Schoonover") on or about April 8, 2003 alleging that she was in breach of her
professional services contract when she resigned from employment with PFB and entered into
employment with Farley Financial, Inc.
2. The Complaint specifically alleges that Schoonover solicited and/or performed
accounting services for twenty-four (24) former clients of PFB either for her own benefit or for the
benefit of Farley Financial, Inc. See, Complaint, attached hereto as Exhibit A, %12.
3. PFB's Complaint further alleges that it sustained damages due to Schoonover's breach
by soliciting and/or performing accounting work for former PFB clients. See, Exhibit A, ff13.
I
4. Through depositions of Schoonover and the owner for Farley Financial, Richard Farley
("Farley"), PFB has been able to identify some former PFB clients for which Schoonover solicited
and/or performed accounting services.
5. However, during the course of Farley's deposition, he identified a list of former PFB
clients who became clients of Farley's when he hired Schoonover and identified several individuals that
he refused to testify about because he believed they were potential witnesses in this matter. See,
Deposition transcript of Richard Farley, dated August 13, 2004, attached hereto as Exhibit B, pages 29-
56.
6. In order to properly and sufficiently calculate the full extent of damages that PFB has
sustained as a result of Schoonover soliciting and/or performing accounting services for former PFB
clients in breach of her professional services contract, PFB must have the opportunity to identify all of
the clients Schoonover solicited and/or performed accounting services for following her resignation of
employment with PFB.
7. During his deposition, Farley specifically testified that if he had the opportunity to review
his files in order to refresh his recollection, he would be able to (1) identify clients, and (2) identify
whether Schoonover performed services for those clients. See, Exhibit B.
8. The undersigned requested that Farley be given the opportunity to review his files but
Schoonover's counsel and Farley's counsel at the deposition, Debra Wallet, Esquire, refused to
accommodate the request.
9. Therefore, the undersigned counsel noticed the deposition of Richard Farley at his office
in order to review his files and provide the identity of clients and whether his former employee,
Schoonover, performed services for those clients.
10. On July 1, 2005, Farley's new counsel, Frank Niemiec, Esquire, advised that he would
instruct Mr. Farley not to divulge any information whatsoever regarding clients at the scheduled
deposition. See, July 1, 2005 correspondence, attached hereto as Exhibit C.
11. Mr. Farley's deposition, scheduled for July 15, 2005, was canceled pursuant to the July
1, 2005 letter from his counsel.
12. PFB, as a party, may obtain discovery regarding any matter, not privileged, which is
relevant to the subject matter involved in the pending action, whether it relates to the claim or defense
of a party seeking discovery, including the existence of tangible things and the identity and location of
persons having knowledge of any discoverable matter. Pa. R.C.P. 4003. 1 (a)(emphasis added).
13. Though not asserted, it is presumed that Farley's counsel is asserting that the
information requested by PFB, (1) to identify former PFB clients, and (2) identify whether Schoonover
performed services for those clients is privileged under the statutory accountant-client privilege.
14. Accountant-client privilege as codified in Pennsylvania at 63 P.S. §9.11a does not
include, as privileged, the identity of clients or what employee performed services for such clients.
15. In fact, general biographical information in general is not privileged information in a
professional relationship, for example, the Pennsylvania Superior Court in Brennan v. Brennan, 281 Pa.
Super. 362, 422 A.2d 510 (1980), held in the attorney-client relationship that as a general rule, an
attorney may be compelled to disclose the name and address of his client on the theory that his
knowledge as these matters did not now from a confidential communication. Id. (citing In the Matter of
Jacqueline F., 404 N.Y.S. 2d 790 (1978)).
16. An exception to the rule cited in Brennan applies only in the limited instance when the
client originally intended for such biographical information to be confidential. In the Matter of Jacqueline
F., 404 N.Y.S. 2d 790 (1978).
17. Additionally, the accountant-client privilege statute is narrowly interpreted and should not
be applied in certain situations. Wolfington ex. rel Estate of Wolfington v Wolfington Body Co Inc
2000 WL 33711033 (Pa. Comm. PI., August 8, 2000).
18. Again, to draw a correlation to the attorney-client privilege, the American Bar
Association's Model Rules of Professional Conduct state that an attorney is impliedly authorized to
make disclosures in litigation by admitting facts that cannot properly be disputed. M.R.P.C. 1.6,
Comment 7.
19, To this point in the litigation there have been no facts presented that any clients of Farley
instructed Farley upon commencing their professional relationship to keep their identities confidential.
20. In fact, Farley in the course of his deposition confirmed that if he had his files in front of
him he would have been able to identify particular clients as he freely admitted they were potential
witnesses in this litigation.
21. It is the Plaintiffs position that neither the identity of Farley's clients or whether
Schoonover performed services for those clients is privileged information, however, in the alternative,
the Plaintiff believes that the balance of equities tips in favor of identifying Farley's clients and whether
Schoonover performed services for those clients as the information is essential to the full determination
of justice in this litigation.
22. The Plaintiff is not requesting any financial data contained in Farley's client's files.
Simply identifying certain clients and whether Schoonover performed work for those clients is sufficient
to serve the proper administration of justice and protect the Plaintiff's rights in this litigation.
WHEREFORE, PFB respectfully requests that this Honorable Court enter an Order requiring the
disclosure of clients or former clients of Richard Farley, and his company, who he believes are potential
witnesses to this case and whether the Defendant, Terri Lynn Schoonover, performed any services for
those clients.
WDM:ead:266361
Respectfully submitted,
JOHNS N,DUFFFIE, STEWART & WEIDNER
By: 4 'J
David W. DeLu e
Attorney I.D. No. 41
Wade D. Manley
Attorney I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this 1 ` day of January, 2006, the undersigned does hereby certify that he did this date
serve a copy of the foregoing Motion to Compel by causing same to be deposited in the United States Mail,
first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Frank Niemiec, Esquire
Niemiec, Smith & Pellinger, LLP
427 Main Street
Towanda, PA 18848
Debra K. Wallet, Esquire
24 N. 32nd Street
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
By: w" b
Wade D. Mani
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Johnson, Duffle, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
By: Robert M. Walker
I.D. No. 86340
301 Market Street
P. O. Box 109
Attorneys for Plaintiff
Lemoyne, Pennsylvania 1 7 043-0 1 09
(717) 761-4540
PFB MEMBERS' SERVICE CORPORATION
510 S. 31" Street
Camp Hill, PA 17011
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
V.
TERRI L. SCHOONOVER
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant
NOTICE TO DEFEND
To the Defendant:
03-1307
CIVIL ACTION - EQUITY
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 complaint and notice is served, by entering a
written appearance personally or by attorney and filing in writing with the court your defense or objections to
the claims set forth against you. You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
:211498
'Johnson, Duffle, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
By: Robert M. Walker
I.D. No. 86340
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
PFB MEMBERS' SERVICE CORPORATION IN THE COURT OF COMMON PLEAS OF
510 S. 31" Street CUMBERLAND COUNTY, PENNSYLVANIA
Camp Hill, PA 17011
NO. 03-1307
Plaintiff
CIVIL ACTION - EQUITY
V.
TERRI L. SCHOONOVER
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant
COMPLAINT
AND NOW, this 7`" day of April 2003, comes Plaintiff, PFB MEMBERS' SERVICE CORPORATION,
by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint, and
in support thereof avers as follows:
Parties
1. Plaintiff, PFB Members' Service Corporation ("PFB"), is a Corporation organized under the
laws of the Commonwealth of Pennsylvania with its principal place of business located at 510 South 31st
Street, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. Defendant Terri L. Schoonover ("Schoonover"), is an adult individual who resides at Rural
Route #2, Box 140-A, Towanda, Bradford County, Pennsylvania, 18848.
3. As of October 2002, Defendant Schoonover has a business address of 521 Main Street,
Towanda, Bradford County, Pennsylvania, 18848.
VENUE
4. Venue is proper in Cumberland County, as the Employment Agreement (hereinafter the
"Employment Agreement") through which Plaintiff PFB's rights and remedies arise was executed here, and
further, in executing the Employment Agreement, Plaintiff PFB and Defendant Schoonover agreed that this
Court shall have subject matter and personal jurisdiction.
FACTS
5. On August 25, 2000, Plaintiff PFB and Defendant Schoonover entered into an Employment
Agreement whereby Defendant Schoonover agreed to work for Plaintiff PFB as an Account Supervisor in a
geographic territory assigned by Plaintiff PFB consisting of all or part of Bradford County, Sullivan County,
and Wyoming County, Pennsylvania, providing farm management counseling and tax reporting services to
clients of Plaintiff PFB in accordance with procedures established by Plaintiff PFB. A true and correct copy
of this Employment Agreement is attached hereto as Exhibit "A" and made part hereof.
6. Under paragraph 6 of the Employment Agreement, Defendant Schoonover agreed to be
bound by, among other things, a covenant not to compete against Plaintiff PFB. The covenant in paragraph
6 of the Employment Agreement is set forth in its entirety as follows:
"Employee hereby covenants and agrees with Employer that, during the "Non-
Compete Period" and within the "Non-Compete Area," Employee shall not directly or
indirectly, either as an employee, employer, consultant, agent, principal, partner,
stockholder, corporate officer, director, or in any other individual or representative
capacity, engage in or participate in any business which provides any goods or services
competitive in any way with the goods and services provided by Employee for Employer
under this Agreement nor shall Employee, directly or indirectly, solicit the business of
any customers/clients of the Employer or perform for such customers or clients, nor
solicit the performance, neither in person nor through any other entity with which he/she
is associated, any of the services of the nature of those performed by Employee for
Employer."
7. Paragraph 6 of the Employment Agreement defines "Non-Compete Period" as
commencing on the date of the Employment Agreement and terminating two years after expiration or
termination of Defendant Schoonover's employment with Plaintiff PFB, and defines "Non-Compete
Area" as being the geographic territory or territories assigned to Defendant Schoonover in the last two
years of her employment with Plaintiff PFB and is limited only to Plaintiff PFB's members in said
territory or territories.
16. During the course of her employment with Plaintiff PFB, Defendant Schoonover was
introduced to, worked with and serviced Plaintiff PFB's clients and was trained procedures in servicing
those clients. During the course of her employment, Defendant Schoonover also received specialized
training and was exposed to Plaintiff PFB's method of conducting its business specializing in
accounting and income tax preparation for Pennsylvania farmers.
17. It is believed, and therefore averred, that since terminating her employment with Plaintiff
PFB, Defendant Schoonover has solicited and continues to solicit other clients of Plaintiff PFB within
the aforementioned geographic area to hire her or her employer Farley Financial, Inc. for the purposes
of providing farm management counseling and tax reporting services in violation of the Employment
Agreement.
Count I - Breach of Contract
Non-Compete Employment Agreement
18. The foregoing numbered Paragraphs are incorporated herein by reference.
19. Defendant Schoonover's actions constitute an intentional violation of the covenant not to
compete contained in the Employment Agreement which are ongoing and causing immediate and
irreparable harm to Plaintiff PFB.
20. Paragraph 6 of the Employment Agreement expressly entitles Plaintiff PFB to equitable
relief without bond, enjoining Defendant Schoonover from soliciting and/or serving clients or former
clients of Plaintiff PFB within the aforementioned geographic area.
21. Plaintiff PFB will continue to suffer immediate and irreparable harm if the actions of
Defendant Schoonover are not enjoined, including but not limited to the loss of clients, profits, business
reputation, market share and confidential information.
22. Accordingly, Plaintiff PFB has no adequate remedy at law.
WHEREFORE, Plaintiff PFB demands judgment against Defendant Schoonover, including an
Order:
A. Preliminarily and thereafter permanently enjoining Defendant Schoonover from
breaching her Employment Agreement with Plaintiff PFB;
B. Preliminarily and thereafter permanently enjoining Defendant Schoonover from soliciting
and/or servicing in any manner any existing or former clients of Plaintiff PFB within the aforementioned
geographic area for the remaining period of the covenant not to complete contained within the
aforementioned Employment Agreement.
C. Awarding Plaintiff PFB monetary damages for its loss in an amount in excess of the
minimum amount for compulsory arbitration; and
D. Any other relief this Court deems just.
Count II -Tortious Interference With Contractual Relations
23. The foregoing numbered Paragraphs are incorporated herein by reference.
24. By soliciting and servicing Plaintiff PFB's clients, Defendant Schoonover has tortously
interfered, and continues to tortiously interfere, with Plaintiff PFB's contractual relations with said
clients.
25. Defendant Schoonover's actions have deprived Plaintiff PFB of its rights under the
Employment Agreement. to Plaintiff PFB's detriment, financially and otherwise.
26. As the direct and proximate result of the tortious interference of Defendant Schoonover
with Plaintiff PFB's contractual relations with its clients, Defendant Schoonover has been unfairly and
unjustly enriched to the extent of all revenues heretofore and hereafter derived from or in connection
with said tortious interference with Plaintiff PFB's contractual relations.
WHEREFORE, Plaintiff PFB demands judgment against Defendant Schoonover, including an
Order:
A. Preliminary and thereafter permanently enjoying Defendant Schoonover's continued
tortuous interference with Plaintiff PFB's contractual relations with its clients;
B. Awarding Plaintiff PFB compensatory damages;
C. Awarding Plaintiff PFB punitive damages;
D. Awarding Plaintiff PFB counsel fees and costs; and
Any other relief this Court deems just.
Respectfully submitted,
JOH N, DUF IE EWA & WEIDNER
8y.
David W. De Luce
Attorney I.D. No. 41687
Robert M. Walker
Attorney I.D. No. 86340
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
VERIFICATION
I, MICHAEL EVANISH, as Manager of PFB Members' Service Corporation, verify that I am
authorized to make the statements herein and that the statements made in the foregoing Complaint are true
and correct to the best of my knowledge, information and believe. I understand that false statements made
herein are made subject to the penalties of 18 Ps. C. S. A. §4904, relating to unsworn falsification to
authorities.
Date: ae),- 3
By:
Michael Evanish
CERTIRCATE OF SERVICE
AND NOW, this 17 day of April 2003, the undersigned does hereby certify that he did this date
serve a copy of the foregoing Complaint upon Defendant by causing same to be deposited in the United
States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Terri L. Schoonover
C/O Farley Financial Services, Inc.
521 Main Street
Towanda, PA 18848
Defendant
(14 4-0?
:211500.4
i;
8. On September 4, 2002, Defendant Schoonover resigned. A true and correct copy of this
resignation notice is attached hereto as Exhibit "B" and made part hereof.
9. As of the date of Defendant Schoonover's resignation from employment from Plaintiff
PFB and continuing to this date, Plaintiff PFB continues to service clients in the aforementioned
geographic territory.
10. On or about October 1, 2002, Defendant Schoonover entered into employment and
began working for Farley Financial, Inc. a corporation organized under the laws of the Commonwealth
of Pennsylvania with offices located at 521 Main Street, Towanda, Bradford County, Pennsylvania
18848.
11. Following the date of her separation from employment with Plaintiff PFB and beginning
on or about the date of her employment with Farley Financial, Inc., Defendant Schoonover solicited
clients of Plaintiff PFB in the aforementioned geographic territory in direct violation of the Employment
Agreement.
12. To date, Defendant Schoonover has solicited and retained, either for herself or on behalf
of her employer Farley Financial, Inc., twenty four (24) clients of Plaintiff PFB.
13. As a direct and proximate result of Defendant Schoonover's solicitation and retention of
the aforementioned clients of Plaintiff PFB, said clients have terminated their business relationship with
Plaintiff PFB.
14. Defendant Schoonover's solicitation and retention of Plaintiff PFB's clients and service to
said clients is a direct violation of the Employment Agreement as Defendant Schoonover now competes
with Plaintiff PFB by providing farm management counseling and tax reporting services to the clients of
Plaintiff PFB within the aforementioned geographic area.
15. By letter dated March 20, 2003, Plaintiff PFB notified Defendant Schoonover that her
actions violated the Employment Agreement and demanded that Defendant Schoonover immediately
cease violating her obligations to Plaintiff PFB pursuant to the Employment Agreement. A true and
correct copy of this letter is attached hereto as Exhibit "C" and made part hereof.
PFB MEMBERS' SERVICE CORPORATION
day of At - • cop , by and between
HIS AGREEMENT, made this 75"
f' g
FB MEMBERS' SERVICE CORPORATION, ereinafter referred to as "Employer; and
'i'vQ e t_ . 6(-0, c, >, z c ? e cZ hereinafter referred to as "Employee.'
I Employer agrees to employ or continue the employment of Employee and Employee accepts employment with or accepts
ontinued employment by Employer to provide farm management counseling and tax reporting services to clients of Employer
i accordance with the procedures established from time to time by Employer and under the supervision and direction of
imployer.
!) Employee agrees to devote full time to the performance of his/her duties hereunder and to exert his/her best efforts to
hxpand the clientele to include all Pennsylvania Farm Bureau ('PFBn) members in need of such service, to keep the cost of
service at the lowest level consistent with good operational and managerial procedures and to constantly upgrade the quality of
cervices and the proficiency level provided to clients. Employee agrees not to accept any other employment or undertake any
)ther business venture(s) during the term of this contract without the express written consent of employer.
3) Employee shall be compensated in accordance with an Incentive Wage Program as established and amended from time
to time by Employer which shall be based upon, but not limited to, factors such as length of service, net gross revenue produced
from accounts'served, and other performance based standards to be determined by Employer (hereinafter oCompensation and
Benefit Program). The said Compensation and Benefit Program then in effect is made a part of this Agreement. The Employee
shall be notified in writing of any changes to the Compensation and Benefit Program at least six (6) months prior to any such
change. With the exception of the provisions contained in the policy booklet of MSC Business Services and the Compensation
and Benefit Program, Employee shall be entitled to the same benefits as set forth in the PFB and Affiliated Company Personnel
Manual, as are amended from time to time.
4) Employee shall be responsible for carrying out all such duties listed in the Compensation and Benefit Program, and any
other such duties as assigned by Employer from time to time.
5) Employee acknowledges that his/er employment with Employer is at will and can be terminated at anytime by either party
for any or no reason. In the event the Employee resigns, he/she shall provide at least two (2) weeks prior written notice of such
resignation except that between December 1 and April 15 of any year, Employee agrees to provide at least thirty (30) days prior
written notice.
6) In consideration of the covenants of the Employer contained herein and of the additional compensation set forth in the
attached Compensation and Benefit Program, Employee agrees as follows;
A. The Employee shall, upon request by Employer during or after the period of his/her employment, furnish to
Employer all infornation and property of Employer as may be in Employee's possession, and cooperate fully with
Employer or its affiliates as may be required in connection with any claims or legal actions in which Employer is
or may become a party.
B. Employee hereby covenants and agrees with Employer that, during the "Non-Compete Period' and within the
'Non-Compete Area; Employee shall not directly or Indirectly, either as an employee, employer, consultant,
agent, principal, partner, stockholder, corporate officer, director, or in any other Individual or representative
capacity, engage In or participate In any business which provides any goods or services competitive In any way
with the goods and services provided by Employee for Employer underthis Agreement nor shall Employee, directly
or indirectly, solicit the business of any customersrdients of the Employer or perform for such customers or clients,
nor solicit the performance, neither in person nor through any other entity with which he/she is associated, any of
the services of the nature of those performed by Employee for Employer.
C. The 'Non-Compete Period" shall commence on the date hereof and terminate two (2) years after expiration
or termination of Employee's employment with Employer under this Agreement. The "Non-Compete Area" shall
be the geographic territory or territories assigned to Employee in the last two (2) years of his/her employment with
Employer and shall be limited only to PFB members in said territory or territories.
D. During the term of this Agreement, Employee will have access to and become familiar with various trade
secrets, consisting of methodologies, devices, processes, client fists, records and other documents that are owned
by Employer and that are regularly used in the operation of the business of Employer. Employee shall not disclose
any of these trade secrets, directly or indirectly, or use them in any way, either during the term of this Agreement
A -S CONTRACT.wpd I
or at any later time except as required in the course of his or her employment hereunder. All files, records,
documents, drawings, specifications, equipment and similar Items relating to the business of Employer, whether
prepared by Employee or otherwise coming into his or her possession, shall remain the exclusive property of
Employer and shall not be removed and shall at all times be promptly made available and turned over to Employer
at Employers request.
E. All parties hereto acknowiedge the necessity of protection against the competition of the Employee and that the
nature and scope of such protection has been carefully considered by the parties. Any geographic area covered
is expressly acknowledged and agreed to be fair, reasonable and necessary. In the event any covenant contained
in this Paragraph 6 is held to be invalid, illegal or unenforceable because of the duration of such covenant, the
geographic area covered thereby, or otherwise, the parties agree that the tribunal making such determination shall
have the power to reduce the duration, the area and/or other provisions of any such covenant to the maximum
permissible and to include as much of its nature and scope as will render it enforceable, and, in its reduced form
said covenant shall be valid, legal and enforceable.
F. Employee acknowledges that his/her breach or threatened or attempted breach of any provision of this
Paragraph 6 would cause irreparable harm to the Employer not compensaboe in monetary damages and that the
Employer shall be entitled, In addition to all other applicable remedies allowed by law, to a temporary and
permanent injunction without bond in a decree for specific performance of the terms of this Paragraph 6. Nothing
herein contained shall be construed as prohibiting Employer from pursuing any other remedy available to it for such
breach or threatened or attempted breach.
n Employee shall be granted the exclusive right to provide professional services asset forth herein for Employer in a territory
formally assigned to him or her and to the clientele generated by his/her efforts in such territory. Employee acknowledges that
Employer has the right to assign all territories and determine the boundaries thereof which may be amended from time to time
as determined by Employer. Employer, If In its own discretion believes that a portion of a territory assigned to Employee is not
property being serviced, shall have the sole right to assign such territory or part of such territory to another employee.
8) In the evert Employee must relinquish accounts at the determination of Employer. Employee's compensation for those lost
accounts shall be as set forth in the Compensation and Benefit Program and the policy for account buydown provisions then in
effect. Client accounts relinquished at the request of Employee will be considered a voluntary relinquishment of accounts and
Employee shall not be compensated therefore under the provisions of this paragraph, the Compensation and Benefit Program
or the account buydown provisions. Similarly, accounts relinquished because of the inability of Employee to render proper
service to clients, as determined by Employer, shall be considered a voluntary relinquishment of accounts and Employee shall
not be compensated under the provisions of this paragraph, the Compensation and Benefit Program or the account buydown
provisions.
9) The rights and obligations of Employee hereunder are not assignable or delegable and any assignment or delegation shall
be null and void.
10) This Agreement shall be interpreted under and subject to and governed by the laws of the Commonwealth of Pennsylvania
and all questions concerning Its validity, construction, and administration shall be determined In accordance thereby.
11) This Agreement supersedes and terminates all prior Employment Agreements between the parties, and Employee
acknowledges that consideration was provided to him/her at the time of execution hereof.
12) This Agreement is accepted by Employer at Its Camp Hill, Cumberland County, Pennsylvania office. The parties hereto
agree that in any legal action arising In any way out of this Agreement, the Court of Common Pleas of Cumberland County,
Pennsylvania shall have subject matter jurisdiction and personal jurisdiction of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
WITNESS:= I .1.!/COarc G?ytd
EMPLOYER: fllt a !_tu. ( _
WITNESS:
So --
070198
EMPLOYEE: E.`) ) L0. -?N-i 4 11
A -S CONTRnCT.wpd 2
September 4, 2002
PFB-MSC
P. O. Box 8736
Camp Hill, PA 17011
Dear Mr. Evanish,
It is with regret that I submit my resignation and two weeks notice. I have
accepted a position with a local CPA firm as a staff accountant.
I have enjoyed my two years working with the PA Farm Bureau and wish you
much success in the future.
Please inform me as to when my office equipment and records will be picked up.
Respectfully Yours,
Mrs. Terre Lynn Schoonover
RE COPY
Iww oFFlces
JOHNSON, DUFFLE, STEWART & WEIDNER
A Professional Corporation
JERRY R. DUFFIE 301 MARKET STREET' HOP-ACE A. JOHNSON
RICHARD W. STEWART P. O. BOX 109 COUNSEL TO THE FIRM
C. ROY WEMNER JR. LEMOYNE, PENNSYLVANIA 17043-0109
EDMUND G. MYERS WEBSITE: www.jdsw.com
DAVM W. DELUCE
RALPH
, JR. TELEPHONE 717.761.4540
PACSWU 717,761.3015
ANZA NZA
DAVID J. .
L
MARK C. DUFFIE EMAIL mail®Idw. o
MELISSA PEEL GREM WRITER'S EXT. NO. 116
MICHAEL J CAssmy E-MAIL dwd@jdsw.com
ROBERT M. WALKER
March 20, 2003
CERTIFIED MAIL
RESTRICTED DELIVERY
Terrie L. Schoonover Terrie L. Schoonover
c/o Farley Financial, Inc. R.R. #2, Box 140A
521 Main Street Towanda, PA 18848
Towanda, PA 18848
Re: PFB Members' Service Corporation
Dear Ms. Schoonover.
Please be advised that we represent PFB Members' Service Corporation ("PFB"). When you
commenced your employment with PFB, you signed into an Employment Agreement ("Agreement").
You agreed not to compete with the business of PFB for a period of two (2) years after the
termination of your employment. You ended your employment on September 18, 2002.
Our client has received very specific information that you have contacted many of PFB's
clients that you served while employed by PFB and offered them similar services with your new
employer, Farley Financial, Inc. These activities constitute a direct violation of the commitments you
made to PFB in your Agreement.
You must immediately cease violating your obligations to PFB. Please give this matter your
prompt attention. We recommend that you review this Agreement very carefully with your attorney
and your employer.
Very truly yours,
;avid SON D IE, S ART 8 WEIDNER
. DeLuce
DW D:kkm:211230
cc: PFB Members' Service Corp.
?? xl1 a .b , ? ??-
' A 11 29 J 11 30
1 Q You never asked her? 1 with you?
2 A I don't know if I asked her or not. 2 A No, not to my knowledge.
3 Q Do you give your employees exit interviews? 3 Q Do you know William Engleke, E-N-G-L-E-K-E?
4 A Na 4 A In what way?
5 Q At the time she left, were you concerned that 5 Q Is he a client?
6 some of the clients she serviced would leave your firm? 6 A Former.
7 A No. 7 Q When did he become a client of your firm?
8 Q Did they? 8 A 1 would have to look at my records.
9 A Not that I am aware of. 9 Q Do you have those records?
10 Q None? 10 A Possibly.
11 A That I could attribute to her leaving, no, 11 Q Are they in your office?
12 not that I am aware of. 12 A Possibly.
13 Q Did any leave, whether you could attribute 13 Q He is a former client?
14 them to her leaving or not? 14 A Yes,
15 A Not that I am aware of. 15 Q When did he leave?
16 Q You said previously that you did prepare a 16 A Again, I don't know exactly.
17 list of former Pennsylvania Farm Bureau -- I'm gang to 17 Q What sort of services did you provide him?
18 shorten it to PFB -- clients who came to your firm in 18 MS. WALLET: Can we just have a
19 conjunction with this matter, correct? 19 clarification? When you say what sort of service
20 A Could you be clearer? 20 did you provide, are you meaning Farley Financial,
21 Q You said before that you prepared a list of 21 Inc., or Mr. Farley individually?
22 former PFB clients that were with your firm? 22 Q What sort of services tlid the firm provide
23 A I prepared a list that was requested of me 23 him?
24 for my attorney, yes. 24 A Tax preparation.
25 Q To your knowledge, are those clients still 26 Q Was Terne the employee responsible for
SHAYS COURT REPORTING SHAYS COURT REPORTING
576465-3699 6104654699
31
1 Mr. Engleke? 1 EXAMINATION (continuing)
2 A Could you clarify that? 2 BY MR, MANLEY-
3 Q Did she perform the services that he came to 3 Q We'll just pick up where we were before.
4 your firm for? 4 Do you know a Mark Smith Gary?
5 A I don't know without looking at the file. 5 A When you say do I know --
6 Q The file is back in your office? 6 Q Yes.
7 A Yes. 7 A -- what do you mean?
8 Q Do you know what fees Mr. Engleke was charged e Q Is he a client?
9 by your fir m? 9 A No
10 A (Witness shrugs.) 10 Q Was he a client?
11 Q How about Scott Cook, is he a client? 11 A Yes.
12 A Not that I know of. 12 Q When did he become a aient?
13 0 Was he a client at one time? 13 A I don't know exactly.
14 A I don't know. 14 Q Would that be documented in your office?
15 Q Do you know Mr. Cook? 15 A The exact date, no.
16 A I don't believe so, but 1 don't know, 16 Q The first service you provided him would be
17 Q Do you know Bill Olewnik? 17 on file in your office?
18 A I donl know. 18 A The work product, yes.
19 Q How about a Wayne Brown, is he a client? 19 Q When did he leave your firm?
20 A Not currently. 20 A Exact date, I don't know.
21 Q Was he? 21 Q Would that be in your office?
22 THE WITNESS: Can 1 talk to you fora second 22 A Yes. Yes.
23 off th e record? 23 Q Was Curt Kregel (phonetic) ever a client?
24 (Discussion held off the record.) 24 A Uh-huh (indicating in the affirmative).
25 (Short break taken.) 25 Q Is he currently a client?
SHAYS COURT REPORTING
970466-0699 SHAY'S COURT REPORTING
6)0469.3699
32
II 33 1 I 34
1 A I don't know.
2 Q When did he become a client?
3 A Exact date, I don't know.
4 Q Would that be in your office?
5 A The work product would be.
6 Q How about a Willard Alderfer, is he a client?
7 A No.
8 Q Was he a client?
9 A He may have been. I'm not trying to be
10 evasive, okay? I have a large client base. It's a
11 small area, You know a lot of people. You know -- So
12 if it's a name -- I mean, some of them I'm friends
13 with. Some of them are not. There are certain names
14 that you could ask that may sound familiar, but I don't
15 know.
16 Q You know he was a former PFB client?
17 A Do I know that?
18 Q Yes.
19 A Not definitely, no. If you say so.
20 MR. MANLEY. I'll have this marked.
21 Q I'm going to show you a document here. Are
22 you familia r with that document?
23 A Yes.
24 Q Did you prepare that document?
25 A I believe so.
SHAY'S COURT REPORTING
670499-2699
35
1 Q Would you want to lake a break to get these
2 particular files if I gave you a Ilst?
3 MS. WALLET: Absolutely not. You noticed his
4 deposition. You didn't tell us to bring anything.
5 Q Would you provide them if we requested them?
6 A I would - that would be up to my counsel.
7 Whatever advice my attorney would give me is what 1
8 would follow.
9 Q Does your office have a conference room?
10 A Yes.
11 Q Is it available right now?
12 A I really don't know.
13 Q Would you mind if you called there to see if
14 we could pick this up at your office?
15 A For what reason?
16 MS. WALLET: We will not pick this up at his
17 office
.
18 MR. MANLEY'. It's just down the street. Off
19 the record.
20 (Discussion held off the record.)
21 EXAMINATION (continuing)
22 BY MR. MANLEY:
23 Q Was Terrie a good employee?
24 A In what way?
25 Q Did she bring in a lot of income for your
SHAY'S COURT REPORTING
67.483-3699
1 Q Why did you prepare that document?
2 A That was a list that was --
3 Q Is that the list you had talked about before,
4 former PFB clients who were clients of your firm?
5 A Yes. That was provided to my attorney, yes.
6 Q Is Willard Alderfer listed on there?
7 A Yes.
6 Q So he was a former client?
9 A Yes. If he is on this list, yes.
10 Q How about Douglas Alderfer, is he a client?
11 A Now, no.
12 Q Was he a client?
13 A If he is on that list, yeah.
14 Q Would it be helpful if you had these files in
15 front of you?
16 A In what way9
17 Q To be able to answer my questions.
16 A What questions?
19 Q Were they a client, are they a client, when
20 did they become a client, when did they leave your
21 firm?
22 A It would.
23 Q What fees you charged them?
24 A Sure. It would give me more information,
25 sure. It would help with those answers.
SHAYS COURT REPORTING
570459.2999
36
1 firm?
2 A No.
3 Q So she wasn't a good employee in that regard?
4 A In what regard?
5 Q To bring in income to your firm.
6 A That wasn't the reason I hired Terrie.
7 Q What was the reason you hired her?
8 A To service the clientele that I had.
9 Q Has Vincent Nevel (phonetic) ever been a
10 client of your firm?
11 A I believe so.
12 Q Is he currently a client of your firm?
13 A Not that I am aware.
14 Q Did Terrie work on his files when he was a
15 client?
16 A I don't know.
17 Q Was he a former PFB client?
i8 A Idon't know.
19 Q Let me show you your list again, okay?
20 A Can I say that anybody who is on this list --
21 1 prepared this list and if they're on this list, they
22 were former PFB clients. Is that fair?
23 Q Do you know when Mr. Navel became a client of
24 your firm?
25 A Not exactly, no.
SHAY'S COURT REPORTING
570489-2699
7
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3
4
5
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37 38
Q Approximately? 1 Q Give me an estimate.
A No. 2 A I couldn't estimate.
Q Do you know when he left your firm? 3 Q for a typical farm client, what service would
A Yes. 4 you provide them over the course of the yeaO
Q When? 5 A What is a typical farm client?
A 1 don't -- Okay. I don't know the exact 6 Q A typical average farm client of yours.
date, no. 7 A There is no typical client. There is no
Q Approximately? September 20037 8 typical farm Client.
A No. Before that. Approximately June of 9 Q Are you familiar with Mr. Smith Gary -- the
2003. (don't know exactly, 10 services you provided to Mr. Smith Gary?
Q How about William Mattson (phonetic), was he 11 A Vaguely, yes.
a former client? 12 Q What services did you provide for him? What
A If he's on that list. 13 service would you provide for Mr. Smith Gary over the
O Is he a current client of yours? 14 course of a year?
A Not that I am aware. 15 MS. WALLET: Are you asking what services did
Q Is Ronald Painter a client of yours? 16 he provide?
A Not that I am aware of. 17 Q What services did the firm provide?
Q Is he a former client of yours? 18 A I can't answer that exactly. I don't know
A If he's on that list. 19 everything that we did for him.
Q You stated before you have approximately 30 20 Q Would you do his taxes? Did you do his
to 50 farm clients; is that accurate? 21 taxes?
A Possibly- 22 A What type of taxes?
Q On average, what is the yearly income to your 23 Q His income taxes --
firm from a farm client? 24 A Yes.
A I couldn't tell you. 25 Q -- for his farm.
SHAY'S COURT REPORTING SHAYS COURT REPORTING
610489.1898 610488-3689
39 40
A Yes. 1 Q Can you give me the name of one?
Q What do you charge per hour? 2 A That she -- What do you mean by serviced?
A Depends on the staff person working on the 3 Q What account she provided services for
client. 4 A What type of services?
Q What was Terre's rate? 5 Q Any service.
A At that time I believe it was $50 an hour. 6 A Northern Tier Solid Waste Authority.
Q How many hours a week did she work? 7 Q How about Willard Alderfer?
A Wall, the standard work week was 40 hours. s A I couldn't say positively.
Q She worked the standard work week? 9 Q Mr. Engleke?
A Yes. 10 A Again, I couldn't say positively.
Q Did she put in any overtime? 11 Q Are all of your clients charged on an hourly
A Yes. 12 basis?
Q Approximately how many hours a week? 13 A No.
A It would depend on the time of the year and 14 Q Do you do flat fees?
what was going on in the office. I couldn't -- That 15 A Yes.
would be a genealizatron. I couldn't answer. 15 Q What would you charge a flat fee tor?
Q Beginning of April, how many hours a week? 17 A Payroll. Sometimes. Not always. Monthly
A Oh, I would estimate 60. 1s write-up ser vice.
Q Did Teme perform work on Mr. Smith Gary's 19 Q What is --
account? 20 A Monthly accounting- Audits. Reviews. But
A I don't know. 21 the flat rates are reviewed periodically based on
Q Do you know which account she serviced? 22 hourly rates .
A In the office? 23 Q Is the majority, of your fee schedule flat
Q Yes. 24 rates?
A Every one, no. 25 A No.
SHAY'S COURT REPORTING SHAY'S COURT REPORTING
6104984999 570486-3699
6 r
41 11 42
1 Q The majority of your fee schedule is hourly? 1 A Yes.
2 A Yes. 2 Q Were they a big client?
3 Q On your farm clients, are they charged hourly 3 A No.
4 or by flat rate? 4 Q Did you ever work personally on a Winwood
5 A Well, again, the fees that we charge are 5 Veal account?
6 based on an hourly rate, and then - We track our time. 5 A I believe so,
7 We see how much time we have into it. Then basically 7 Q Exclusively?
8 you look at the job that was performed and sometimes we 8 A No.
9 value bill. It's on a case-by-case basis. 9 Q Did Terre ever work on the Winwood Veal
10 Q What is a value bill? 10 account?
11 A You come in to me to fix a problem for you. 11 A That account, yeah, I know she did
12 You owe the IRS $50,000 and I can take care of it in an 12 Q Did Terrie perform the majority of the work
13 hour. I'm not going to charge you $125. I'm going to 13 on that account?
14 charge you something higher based on the value that you 14 A I don't know.
15 received for the service. 1 might charge you $1,000. 15 Q What services did you provide for Winwood
16 That's value billing. It's getting paid for your 16 Veal?
17 knowledge, not necessarily the time that you have into 17 A We - I believe we set up their accounting
18 it. 18 system in Qulckaooks and we may have done their lax
19 Q Is Ricky Brown a client? 19 returns.
20 A No. 20 Q When you set up their accounting system, was
21 Q Is he a former client? 21 that a flat fee or an hourly fee?
22 A I don't know. 22 A It was probably hourly.
23 Q Is Winwood Veaf (phonetic) a chant? 23 Q At the staff person's rate?
24 A No. 24 A Yeah. But something like that probably would
25 Q Are they a former client? 25 be discounted
SHAY'S COURT REPORTING SHAY'S COURT REPORTING
570484-2699 5704883699
43 1 f 44
1 Q How many hours would it lake to set up the 1 I don't know exactly, but I believe it was one of the
2 accounting? 2 Forrest girls.
3 A Every system is different and it depends on 3 Q So would they be a knowledgeable end user?
4 the user. 4 A What do you mean by knowledgeable?
5 Q What about Winwood Veal? 5 Q Well, they took one of your lax classes.
6 A 1 don't know. 6 A Well, so do a lot of people take the lax
7 Q Give me a ballpark. 7 classes. What do you mean by knowledgeable?
8 A I wouldn't even begin to guess. 8 Q Would they have general accounting knowledge?
9 Q Ten hours? 9 A I don't know,
10 A I have no idea. 10 Q For a knowledgeable end user, approximately
11 Q Is that an exorbitant amount of time to set 11 how long would it take to set up their accounting
12 up an accounting? 12 system in Quick Books?
13 A It depends on the end user. 13 A It would depend on the degree of difficulty
14 Q Meaning what? 14 of the accounting system.
15 A Meaning who is operating the system, meaning 15 Q Farm accounting systems, is the degree of
16 whether we're doing the work or they're doing the work. 16 difficulty high or low?
17 Meaning whether they have a simple chart of accounts or 17 A It depends on what the end user wants out of
18 a complicated chart of accounts. Depending on what 18 the system.
19 kind of information they want out of the system. It 19 Q Do you know what the end user wanted of the
20 Could be all over the board. 20 system for Winwood Veal?
21 Q Who was the end user for Winwood Veal? 21 A No. I don't recall everything that we set
22 A I would assume the bookkeeper. 22 up. That was a long time ago.
23 Q Do you know who that was? 23 Q Is Asylum Township a client?
24 A I think it was one of the Forrest girls. 24 A No.
25 They had taken my -- one of my tax classes at one time. 25 Q Are they a former client?
SHAY'S COURT REPORTING SHAY'S COURT REPORTING
670488,2692 5704683699
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A No.
Q How about John Kauffman, is he a client?
A Not that I am aware of.
Q Is he a former client?
A I don't know.
Q How about Caleb Hess, is he a client?
A No.
Q Is he a former client?
A I don't know.
Q How about Eleanor Loomis, is she a client?
A No.
Q Is she a former client?
A Yes.
Q What services did the fine provide for
Ms. Loom is?
A Tax preparation.
Q Did Terrie work on Ms. Loomis' file?
A I don't know exactly.
Q You prepared her year end taxes?
A I believe so.
Q Did you ever charge flat rates for
preparation of annual taxes?
A Do we have a flat rate scale for taxes, no.
Q Did you ever charge flat rates for
preparation of taxes?
SHAYS COURT REPORTING
670468-2699
A I have in the past.
Q Did you ever charge a flat fee for doing tax
preparation for a farm client?
A I don't know.
Q If I am a farm client and I have a high
degree of difficulty on my taxes and I requested a fiat
fee, what would you charge me?
A I would estimate the time that I believed we
were going to have involved in the project and based on
the time t hat we're going to have involved in the
project, I would set a fee.
Q Is Arthur Wolfe, a client?
A No.
Q Is Arthur Wolfe a former client?
A Yes.
Q When did Arthur Wolfe become a client?
A I don't know exactly.
Q When did Arthur Wolfe leave your firm?
A Approximately June of 2003.
Q Do you know why he left your firm?
A Yes.
Q Why?
A Iterminated him.
Q For what reason?
A What reason. I terminated because he was a
SHAY'S COURT REPORTING
570486-2699
45
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1 A What do you mean by flat rates?
2 Q Did you ever charge a flat fee?
3 A You mean an undetermined fee? I don't know
4 what you mean by flat fee.
5 Q Did you ever say we'll do your taxes for X
6 amount?
7 A I would have to say yes.
8 Q What is that flat fee?
9 A It would be determined on a case-by-case
10 basis. It's an estimate basically.
11 Q Based on what criteria?
12 A Based on a review of their circumstances.
13 Q What would cause you to give somebody a low
14 Flat fee for preparation of taxes?
15 A What would cause me to give somebody a low --
16 Q What circumstances that you just stated.
17 A A relative, a good friend Someone in dire
18 financial circumstances.
19 Q That's it?
20 A That I can think of.
21 Q What would cause you to charge somebody a
22 high flat fee for the preparation of taxes?
23 A Degree of difficulty. But it's not my
24 practice to charge a flat fee.
25 Q Well, you said that you have in the past?
SHAY'S COURT REPORTING
570488-2899
48
1 party to this case.
2 Q He was a party to this case in what capacity?
3 A Potential witness.
4 Q Is Mark Smith Gary a potential witness to
5 this case?
6 A I would believe so.
7 Q Did you terminate him --
8 A Yes.
9 Q -- at the same time?
10 A Yes.
11 Q So you do know when Mr. Smith Gary left to be
12 a client fro m being --
13 A Not exactly.
14 Q You just told me you terminated him at the
15 same time you terminated Mr. Wolfe.
16 A Right, I can't give you an exact date but,
17 yes, they were terminated at the same time.
18 Q In June of 20037
19 A Approximately June of 2003.
20 Q When did Terms, leave your --
21 A September 2003.
22 Q Did you terminate Mr. Kregel?
23 A I terminated everyone -- Everyone who was a
24 former PFB client, if that's who they are, was
25 terminated at the same time. They were all sent a
SHAY'S COURT REPORTING
870488-2699
49 11 50
1 termination letter at the same time. 1 A If he was a client at that time, yeah.
2 Q You knew Mr. Wolfe was a former PFB client? 2 Q Do you know if he was a client at that time?
3 A After -- Everyone who was -- Every name that 3 A I don't.
4 was brought up as a party of this. So, yes, I know 4 Q How about Mr. Cook?
5 that now. 5 A I don't,
6 Q You know that now? - 6 Q Mr. Olewnik?
7 A Yeah. 7 A I don't.
8 0 Did you know it when you terminated him in 8 Q But you know you terminated Mr. Wolfe?
9 2003? 9 A Uh-huh (indicating in the affirmative).
10 A Yes. 10 Q Did you terminate Mr. Alderfer?
11 Q Did you know that in February of 2004? 11 A I don't know.
12 A February of 2004? 12 0 You know that he was a former PFB clientis
13 Q You obviously knew he was a former PFB client 13 that correct?
14 in Februar y of 2004 if you knew he was a former PFB -- 14 A Which Mr. Alderfer?
15 A Mr. Wolfe? 15 Q Willard.
16 Q Right. Is Mr. Wolfe on that document? 16 A If he's on the list, yeah.
17 A No, he's not 17 Q So more than likely you terminated him in or
18 Q Is that an oversight on your part? 18 about June of 2003.
19 A No. 19 A If he was a client at that time, yeah.
20 Q Why isn't he listed on this document? 20 Q What was your reasoning for terminating them
21 A That document was prepared -- We were 21 on the grounds that they were a potential client?
22 directed by the Court -- that document was prepared as 22 A Anyone--
23 a result of a court order and we followed the court 23 MS. WALLET: Let me object to the form of the
24 order. 24 that question. Would you rephrase that?
25 Q Did you terminate Mr. Engleke? 25 Q What was your mind-set at the time that you
SHAY'S COURT REPORTING SHAYS COURT REPORTING
670296-5699 6702664699
51 11 52
1 terminated them? 1 11 deadline or miss a filing or not gel something done, it
2 A Could you be more specific? 2 could be monumental amounts of penalties and interest
3 Q You said you terminated them because they 3 that could be assessed to them. If we were going to be
4 were a potential witness to this case? 4 hindered in any way, we didn't want it to affect their
5 A Yes. 5 business.
6 Q Did that trouble you, that they were a 6 Q Was somebody limiting you or hindering you?
7 potential witness to this case? 7 A Not to my knowledge. I just didn't want it
8 A Yeah. 8 to affect them. We put their needs first.
9 0 In what way? 9 Q How about Clellen Leh, was he a client?
10 A That they would be dragged into the middle of 10 THE REPORTER: I'm sorry. What was the name?
11 it. 11 MR. MANLEY: Clellen, C-L-E-L-L-E-N, is what
12 Q So you terminated them for their own benefit? 12 1 have and his last is L-E-H.
13 A I terminated them so they could get someone 13 A I don't know.
14 else to handle their accounting needs without being 14 Q You don't know if he is a current --
15 affected personally -- without their business being 15 A His name is familiar. I don't know if he is
16 affected by this case. I believe I terminated them at 16 a current client or a former client.
17 the advice of counsel, but I'm not positive. 17 Q Is James Alderfer a client of your firm?
18 Q Why would their business be affected by this 18 A No.
19 case? 19 Q Is he a former client of your firm?
20 A Why would their business be affected by this 20 A No.
21 case? If we were going to be limited in -- Well, let 21 Q Is Gordon Kissell a client of your firm?
22 me back up. There were proceedings -- Proceedings had 22 A No.
23 started, If we were going to be in any way limited in 23 Q Was he a former client of your firm?
24 helping them with their accounting and tax needs, if we 24 A No.
25 would be hindered in any way in that they would miss a 25 MS. SCHOONOVER: He has been deceased for
SHAY'S COURT REPORTING SHAY'S COURT REPORTING
$70266-2699 $70296-5699
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several years. 1 Q Is William Dagistand (phonetic) a client of
Q Is Charles Myer a client of your firm? 2 your firm?
A No. 3 A I don't believe so.
Q Is he a former client of your firm? 4 Q Is he a former client of your fine?
A I don't believe so. 5 A I don't believe so.
Q Is Foster Constable a client of your firm? 6 Q Is Kenneth Walter a client of your firm?
A I donY believe so. 7 A No.
Q Is he a former client of your firm? 8 Q Is he a former client of your firm?
A Idon't know. 9 A No.
Q Is Tim Miller a client of your firm? 10 Q Is Russell Jones a client of your firm?
A There's several Tim Millers. I don't know. 11 A I don't believe so.
Q Is a Tim Miller a client of your firm? 12 Q Is he a former client of your firm?
A Idon't know. 13 A Idon't know.
Q Is Terry Hoyt a client of your firth? 14 Q Do you know these people?
A No. 15 A Several, yes.
Q Is he a former client of your firm? 16 Q On a personal level?
A No. 17 A Yeah.
Q Is Clair Thrush a Client of your firm? 18 Q But not professionally?
A I don't believe so. 19 A I don't know. You know, you say former. I
Q Is he a former client of your firm? 20 don't know.
A I don't know. 21 Q What do you mean by that, I say former?
Q Is Charles Harris a client of your firm? 22 A Were they a former client, I don't know.
A Not that I am aware of 23 Again, I ha ve a large client base. 1 know a Jot of
Q Is he a former client of your firm? 24 people. You know, we work with a lot of people. Do I
A I don't know. 25 know everybody that comes in, no.
SHAY'S COURT REPORTING SHAY'S COURT REPORTING
670499-5699 610469-1699
55
Q Is John Larock a client of your firm? 1 Q Is she a former client of your firm?
A Not that I am aware of. 2 A I don't know.
Q Is he a former client of your firm? 3 Q For the clients that you represented have
A I don't believe so. 4 been or are a client of your fun, do you maintain
Q Is Steven Badeso (phonetic) a client of your 5 their complete files in your office?
6 A We maintain a file.
A Not that I know of, 7 Q Do you currently have any contact with past
Q Is he a former client of your firm? 8 or present PFB employees?
A I don't know 9 A Could you tell me who they would be?
Q Is Curt Kregel a client of your firm? 10 Q Do you know a Luke Vandemark?
A I don't know. 11 A Uh-huh (indicating in the affirmative).
Q Is he a former client of your firm? 12 Q Have you ever employed Mr. Vandemark?
A I think he may have been. 13 A No.
Q What services did you provide for him? 14 Q How do you know Mr. Vandemark?
A For Curt? 15 A I've known Mark for years. I believe I've
Q Yes. 16 met him thr ough his wife Jean. We've -- When he was in
A I don't know. 17 accounting, different client exchanges.
Q When did he become a client of your firm? 16 Q Do you know Ed Lease (phonetic)?
A I don't know exactly. I don't know. 19 A Unh-unh (indicating in the negative).
Q Is Larry Bosnick a client of your firm? 20 Q Do you know Craig Keppler?
A I don't believe so. 21 A Unh-unh (indicating in the negative).
Q Is he a former client of your firm? 22 Q Did you ever direct Ms. Schoonover to contact
A He may have been. 23 any former PFB clients?
Q Is Lois Light a client of your firm? 24 A No.
A I don't know. 25 Q Did you ever direct her to not contact former
SHAY'S COURT REPORTING SHAY'S COURT REPORTING
670496-1699 670499-1699
firm?
54
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c
i
v L
I rr
NIEMIEC, SMITH AND PELLINGER L.L.P.
ATTORNEYS AND COUNSELORS AT LAW
William 1. Davis (Retired) 427 MAIN STREET Mark W_ Smith
Reber ). Maphy (Retired) TO W ANDA, PENNSYLVANIA 18848 Scott D, Pellinger
Frank 1. Memiec (570) 265-2147 Michael (. Niemlco
(570) 265-8613 FAX
146 W LOCKHART STREET
SAYRE, PA 18840
(570) 882-8818
VIA FIRST CLASS MAIL July 1, 2005
Wade D. Manley, Esq.
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Re: PFB Members' Service Corporation vs. Terri L. Schoonover
Cumberland County C.C.P.
Docket # 03-1307
Dear Attorney Manley:
Please be advised that this office represents Richard Farley CPA as local counsel. I
wanted to write to you prior to Mr. Farley's deposition on July 15, 2005. As Mr. Farley intends
to answer any questions that you may have at your deposition, I am instructing him not to
divulge any information whatsoever regarding clients who had a former relationship with the
Plaintiff and who have objected to having any information about them disclosed. I believe that
you were put on notice of how many former clients have objected per Judge Hess' Court Order
of August 8, 2003. Moreover, I am also instructing Mr. Farley not to provide any business
records for your review at the deposition. If you have any questions or concerns, please do not
hesitate to contact me. /
Very truly
& PELLINGER
Esq.
FJN/mjn
Cc: Richard Farley CPA
"r
Johnson, Duffle, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
By: Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
PFB MEMBERS' SERVICE CORPORATION
Plaintiff
V.
TERRI L. SCHOONOVER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1307
CIVIL ACTION - EQUITY
ORDER
AND NOW, this _ day of 2006, upon review of the Plaintiff's Motion to Compel
Disclosure of Information, it is hereby ORDERED and DECREED that Richard Farley, and Farley Financial,
Inc., are required to disclose all clients and former clients who are believed to be potential witnesses in the
above-captioned matter, and further disclose whether the Defendant; Terri Lynn Schoonover, performed any
services for those named clients.
J.
266614
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PFB MEMBERS' SERVICE CORP.: IN THE COURT OF COMMON PLf
Plaintiff : CUMBERLAND COUNTY, PENNS
vs.
TERRI L. SCHOONOVER,
Defendant
03-1307 CIVIL
CIVIL ACTION - EQUITY
IN RE: PLAINTIFF'S MOTION TO COMPEL
ORDER
AND NOW, this 20 ' day of January, 2006, a brief argument on
to compel is set for Thursday, February 9, 2006, at 4:00 p.m. in Courtroom
Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
411,
'A. Hess, J.
David W. DeLuce, Esquire
,,Wade D. Manley, Esquire
For the Plaintiff
v6ebra K. Wallet, Esquire
For the Defendant
OF
VANIA
within motion
4,
Am
PFB MEMBERS' SERVICE CORPORATION
510S.3 IST Street
Camp Hill, PA 17011
Plaintiff,
vs.
TERRI L. SCHOONOVER,
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
No. 03-1307
DEPONENT RICHARD FARLEY'S RESPONSE TO PLAINTIFF'S
MOTION TO COMPEL DISCLOSURE OF INFORMATION
AND NOW comes Deponent, Richard Farley, by and through his counsel Niemiec, Smith &
Pellinger, and responds to Plaintiff's Motion to Compel Disclosure of Information:
1) Admitted. Deponent Richard Farley admits that on or about April 8, 2003, Plaintiff
PFB Members' Service Corporation (hereinafter "PFB") filed a complaint against Defendant Terri L.
Schoonover (hereinafter "Schoonover").
2) Admitted. It is admitted paragraph twelve (12) alleges that Schoonover solicited
and/or performed accounting services for twenty-four (24) clients of PFB either for herself or on
behalf of her employer Farley Financial, Inc.
3) Admitted. It is admitted that Plaintiff's complaint alleges damages.
4) After reasonable investigation Deponent Richard Farley is without knowledge or
information sufficient to form a belief as to the truth of the averment contained in paragraph four (4)
of Plaintiff's Motion. By way of personal knowledge, Deponent Richard Farley has no personal
knowledge as to PFB's ability to identify some former PFB clients for which it is alleged
Schoonover solicited.
5) Denied. It is specifically denied that Deponent Richard Farley made any refusals to
testify in Exhibit "B" of Plaintiffs Motion to Compel. Specific proof thereof is demanded.
6) No response to paragraph six (6) is necessary as this is not an averment of fact.
7) Admitted in part and denied in part. It is admitted that Deponent Richard Farley
indicated that a review of his files would be "helpful" to identify clients. It is denied that Deponent
Richard Farley agreed to produce any information regarding any clients who objected in accordance
with Judge Kevin Hess' Order Dated August 8, 2003. Specific proof thereof is demanded.
8) Admitted in part and denied in part. It is admitted that Deponent Richard Farley's
counsel at the deposition on August 13, 2004 would not move the deposition to another location after
it had commenced at the location assigned by Plaintiff. It is denied that Deponent Richard Farley
had the subject files in his possession at the location designated by Plaintiff for the deposition.
Specific proof thereof is demanded. By way of further answer, Deponent was did not receive the
proper notices to produce said files at said deposition as required by the Pennsylvania Rules of Civil
Procedure. It is further stated that Deponent Richard Farley did not receive a Supoena to produce
said files or records.
9) Admitted in part and denied in part. It is admitted that Plaintiff gave the proper
notices for a deposition of Deponent Richard Farley to occur at his principal place of business on
July 15, 2005. It is denied that Deponent Richard Farley was order or received a Subpoena to
produce any files or records at said deposition on July 15, 2005. Specific proof thereof is demanded.
10) Admitted in part and denied in part. It is denied that Deponent Richard Farley's
counsel Frank Niemiec advised that he would instruct Mr. Farley not to divulge any information
whatsoever regarding clients at the scheduled deposition. By way of further answer, it is admitted
that Frank Niemiec advised that Deponent Richard Farley would not divulge any information
regarding clients who have objected to having any information about them disclosed per this Court's
Order of August 8, 2003. Specific proof thereof is demanded.
11) Denied. It is specifically denied that said deposition was cancelled pursuant to
counsel's letter of July 1, 2005. By way of further answer, said deposition was cancelled by letter
from Plaintiff s Counsel Wade Manley Esq. which was faxed to the attention of Frank Niemiec Esq.
only two (2) hours prior to the deposition on July 15, 2005. A true and correct copy of said letter
transmitted via facsimile is attached hereto as Exhibit "A" and incorporate by reference herein.
12- 22) No response to paragraphs twelve (12) through twenty two (22) are necessary as these
are not averments of fact.
DEPONENT RICHARD FARLEY'S NEW MATTER IN CONNECTION WITH
PLAINTIFF'S MOTION TO COMPEL DISCLOSURE OF INFORMATION
1) On or about June 4, 2003 Deponent Richard Farley filed a Motion for Protective
Order under Pa.R.C.P. 4012(a). A true and correct copy of said protective order is attached hereto as
Exhibit "B" (excluding Exhibit "A" to said Motion) and incorporated by reference herein.
2) On or about August 8, 2003 the Honorable Kevin A. Hess granted said Motion for
Protective Order. A true and correct copy of this Court's Order is attached hereto as Exhibit "C" and
incorporated by reference herein.
3) On or about March 31, 2005 Plaintiffs Counsel acknowledged receipt of client's
names provided by Deponent Richard Farley in accordance with this Court's Order of August 8,
2003. A true and correct copy of a letter is attached hereto as Exhibit "D" and incorporated by
reference herein.
4) Based upon the accountant client privilege as codified in 63 P.S. §9.1 l(a) and the
14
client's objections to having their identify disclosed pursuant to this Court's Order of August 8,
2003, it is Deponent's position that he should not be required to produce any information beyond
what has already been produced pursuant to this Court's Order of August 8, 2003.
5) Plaintiff, upon their own investigation of which clients ceased using their services
within the relevant time period, is fully capable of identifying the subject clients.
WHEREFORE, Deponent Richard Farley respectfully requests that this Court deny Plaintiff s
Motion to Compel Disclosure of Information.
Niemiec
for Petitioner
Niemiec, Smith, & Pellinger
427 Main Street
Towanda, PA 18848
Tel: (570) 265-2147
PFB MEMBERS' SERVICE CORPORATION
510 S. 31sT Street
Camp Hill, PA 17011
Plaintiff,
vs.
TERRI L. SCHOONOVER,
R.R. 42, Box 140-A
Towanda, PA 18848
Defendant.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
No. 03-1307
VERIFICATION
I, Richard Farley, a duly authorized agent of Farley Financial, Inc., verify that the facts in
this attached Response to Plaintiff s Motion to Compel Disclosure of Information are true and
correct to the best of my knowledge. I understand that false statements herein are made subject
to penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities.
07/10/2000 10:07 FAX JDOAN ®002/002
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DAVID W. DFUKE L A N O P P I C O S
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July 15
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MNUM POE. GUM .
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Frank Nlendeo, Esquire
Nlamiec, Smith and Peikge. L.L.P.
427 Main Sheet
Towanda, PA 18548
Re: PF8 Member Swvko Cmpomdm v. TOMB L Sdwonower
No. 09-0707 CNU TOrm
CwMberW W County CO M Of CoMintoo Plan
Dear At. Manioc
OPCOLUM
HOOMEA.lOlM M
R En SBarMAM
Rsu01.0momAm
'Wmam s my BBy
WWWB IRA ..770.110
r.-MAO.mdm k0p6w we
i am in receipt of your latter doled July 1, 2006, a&AskV me that your offm mprmwb
fWwrd Farley and that you how Instructed Mr. Farley not to batify in any marm nnwdirp CUAW
Who hm previously retained da swvtoes of PFM In spik of w Fadg(s betlef lot many of ftm
clients am potential witnesses to the sba -referenced metier.
As sigh, ptem be advised that Mr. FwWs deposition, amndy soneduled on July 15.
2006 at hls o0ioe, will be postponed b a ww data tok" resolution of 1Ne Issue by to
M ntarland Co inty Court of Comm Pkgs.
W you bore" then is an apWopdab revolution of this issue Whereby we may avOW court
inbrvaldon or m4loddng Ak FwWs depoWW at a War dQK I need appreciate heoft from
YOU.
M you have any Uther questions or concerns in regard to No abovarebnnced rna0a.
please feai rtes to contact me directly.
Very b* yoga.
WDM:oarr254707
M. Debon sh K Waft Eeghsre
Richard Farley
Mite EvaNsh
JOFOJS PFryFIIE,, ST/E"W"ART B WEIDNER
Wade 0. M?yyPVryt{fay?
301 MAM87S1R®r P0. B0X I09 LMWM PLeMSM 17004109
WWRpnSWMM 71776I.134 PALE 717.761JOL9 MALOIDSW.COM
JOHNSON, DUFFIC. STEWART & WEIDNER, P.C.
EXKiS
A
PFB MEMBERS' SERVICE CORPORATION IN THE COURT OF COMMON PLEAS
510 S. 31st Street
Camp Hill, PA 17011 : OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS. : CIVIL ACTION - EQUITY
n
TERRZ L. SCHOONOVER,
R.R. #2, Box 140-A No. 03-1307 '
Towanda, PA 18848
Defendant
r'!
MOTION FOR PROTECTIVE ORDER UNDER Pa.R.C.P. 4il
to ??
AND NOW comes Deponent, Richard Farley, acting pro se, and moves this Court for a
protective order under Pa.R.C.P. 4012(a) as follows:
1) On or about April 7, 2003, Plaintiff PFB Members' Service Corporation
(hereinafter "PFB") filed a complain. against Defendant Terri L. Schoonover (hereinafter
"Schoonover") alleging a breach of a Non-Compete Covenant contained in an Employment
Agreement between Plaintiff and Defendant and tortious interference with contractual
relationships. A true and correct copy of said Complaint is attached hereto as Exhibit "A" and
incorporated by reference herein.
2) Said Complaint alleges that Defendant Schoonover solicited clients of Plaintiff
PFB while employed by Farley Financial, Inc.
3) Deponent, Richard Farley, is the president of Farley Financial, Inc.
SI On or about May 10, 2003 Richard Farley received service of a Subpoena to
Attend and Testify at a deposition at the Law Offices of Johnson, Dutfie, Stewart & Weidner and
to bring with him documents. A true and correct copy of said Subpoena is attached hereto as
Exhibit "B" and incorporated by reference herein.
5) Pursuant to said Subpoena described in Paragraph (4), above, Deponent Richard
Farley is directed to bring to said deposition the documentation listed on the attachment to said
Supoeua.
5) Richard Farley hereby objects to the production of the following documents,
which have been demanded pursuant to said Subpoena described in Paragraph (4), above:
(a) all client tea that Terri Schoonover has provided services while
employed with Farley Financial, Inc.;
(b) all clients lists provided to Farley Financial, Inc. before and dutJaz her
[Schoonover's] employment; and
(c) all new cheats of Farley Financial generated or contacted by Terri
Schoonover or any other former employee of PFB ... from July 1,
2002 to the present.
6) Richard Farley objects to said Subpoena, described in Paragraph (4), for the
following reasons:
(a) the scope of the documents requested demanded is unreasonably
burdensome and expensive pursuant to Pa R.C.Y. 4011 lb);
(b) production of the demanded client files, client lists and client names, if
any, would be in violation of the accountant-client privilege, set forth in
63 P.S. §9.1l(a), and pursuant to Pa. R.C.P. 4003.1 (a) relating to the
discovery of privileged information;
(c) the production of the demanded documents would be unreasonably
expensive pursuant to Pa.-R.C.P. 4011 (b), as Plaintiff has demanded
that Richard Farley bring voluminous documentation to the deposition
to be held at the office of us counsel located in Carlisle, Pennsylvania
and Richard Farley's place of business is located in Towanda,
Pennsylvania;
(d) pursuant to Pa R.C-P. 4003.1 (b) and 4011 (b), (c) and (e), the'
demand for the production of "all client files on which Defendant has
provided services while employed with Farley Financial, Inc." is
unreasonably burdensome and expensive, is beyond the scope of
discovery and would require an unreasonable investigation by Richard
Farley in that Plaintiff demands "allT' of the client files that Defendant
has worked on, irrespective of whether such clients were ever clients of
Plaintiff; additionally, Plaintiff has not defined what constitutes the
provision of "services" on a client file and therefore this demand is
unreasonably burdensome and expensive, is beyond the scope of
discovery and would require an unreasonable investigation pursuant to
Pa. R.C.P.4003A (b) and401I (b), (c) and (e), as Defendant has had
varying exposure to many client files; finally, Plaintiffs review of the
documents contained in client files is not reasonably calculated to lead
to the discovery of admissible evidence pursuant to Pa. R.C.P. 4003.1
(b);
(e) the demand for the production of "all client lists provided to Farley
Financial, Inc. before and during her [Schoonover's] employment," is
unreasonably burdensome and is beyond the scope of discovery,
pursuant to Pa. RC.P. 4003.1 (b) and 4011 (b) and (c), as Plaintiff has
requested "all" client lists irrespective of the source of such list and
Plaintiff has requested client lists predating Defendant's employment
with Farley Financial, Inc.; further, production of client lists produced
either prior to Defendant's employment with Farley Financial, Inc. or
by a source other than Defendant is not reasonably calculated to lead to
the discovery of admissible evidence pursuant to ft R.C.P. 40031 (b);
and
(1) pursuant to Pa. R.C.P. 4003.1 (b) and 4011 (b), (c) and (e), the
demand for the production of the names of "all new clients of Farley
Financial generated or contacted by 'Perri Schoonover or any other
former employee of PFB Members' Service Corporation from July 1,
2002 to the present" is unreasonably annoying, burdensome and
expensive, is beyond the scope of discovery and would require an
unreasonable investigation, as Plaintiff has requested "all" client names
irrespective of whether such client was ever a client of the Plaintiff;
further, Plaintiffs demand for the production of the names of new
clients generated or contacted by an individual other than the
Defendant is not reasonably calculated to lead to the discovery of
admissible evidence pursuant to Pa. R.C.P. 4003.1 (b).
WHEREFORE, Richard Farley requests that this honorable Court enter an order
protecting the demanded documents from production, or, in the alternative, to quash the
Subpoena to Attend and Testify, in whole or in part. Moreover, Richard Farley respectfully
requests that this honorable Court stay the deposition scheduled for June 16, 2003.
Respectfully sub6ned,
Farley Financial,
Towanda, PA 18853
Tel: (570) 2654993
PFB MEMBERS' SERVICE CORPORATION
10 S. 31ST Street
Camp Hill, PA 17011
Plaintiff,
VS.
TERRI L. SCHOONOVER,
R.R. #2, Box 140-A
Towanda, PA 18848
Defendant.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
No. 03-1307
VERIFICATION
1, Richard Farley.. a duly authorized agent of Farley Financial, Inc., verify that the facts in
this attached Motion are true and correct to the best of my knowledge. I understand that false
statements herein are made subject to penalties of 18 Pa. C.S. ¢4904 relating to unsworn
falsification to authorities.
'chard Farley
Ali 11 2083
PF8 MEMBERS' SERVICE CORP.: IN TIM COURT OF COMMON PLEAS OF
Pleiati$ CUMBERLAND COUNTY, PENNSYLVANIA
vs 03-1307 CPM
CIVIL ACTION-EQUITY
TERRI L. SCHOONOVER,
DeSmdmrt
IN RE: MOTION FOR FR lECTIVEORDER
ORDER
AND NOW, this T day of August, 2003, following armest: tbereon, the motion
of deporam Richard Fmdey, for Protective order is GRANTED in pert and it is ordered and
directed tbmt
1. Mr. Farley wm produce au pera®nel records. in his possession, of Terri L.
Sohoonova.
2. Mc. Farley will &v4% the mama of all cheats of Farley Financial Tae, who had a
prior relationship with PFB MemW Service Corporation, for whom Farley bas provided eery
professional savices from and after July 1, 20W- Prior to pmvidmg said names, Farley ,
Financial sb&H give notice afthis order m the client imotw d so as to give the client not less than
Sfhsm (ld) days to object to the disclosure. ra the event that there is as obicai , notice of the
objection shalt be glum to coonael for the pWntiB.
Iofosmation provided in accordswe with this = ar wilt be used only for the purposes of
the captioned litigation and will not be disclosed for any other pwpme.
BY TIM COURT,
A. ETea3 7.
cAnIall
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Ric I111t111t'. Situ' An'
V. Pill P%mm'xim.
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W.UN. 13..A. \U1
March
Debra K. WORK Esquire
24 North 7211' Street
Camp HR, PA 17011
Re: Pi 11 1
CumnberNtW
Docket Ma. 4
L. Sdwararer
Dear Ms. Wsast
I own wftg to Worm you that sew Iwrd
FhancW. I am proposing aiaw Fray, Apn172,
1006, for scheduling W Farsy's depoei8on, to be
APR O 1 20
OF COUN M
r -4C 1 i.: 1 , rl•,.,,,.
Pitt.1 1.':a. ?..n'
I'li". 11 Imin depose IGdm M Farley, owner of Fmtey
, MwKay, A0 25, 2006, or Friday, May 28.
st his a81ow
Dmbg Mr. FwWs het dsposhim. he tW
ppR cdwd was Unrnand in or wGum Anse of 21
of this PFH daMe *4 m the fact he be8eaad
PWwad to ft Hsnsrable Kam A His
fm* provided to narrate of approxinv"y /f
fdloewp to his remom of the" name, he Into
urde Who oNactad to their Won* being 6r
I Waite you will agree OW 1hs Pressman.
F%wm may tale in feepomo to #am abjsrRbnwho had a WW rendarstdp with PR. Therefore
cflarrt has Mforrtntion raatcartinD potsfl6td ydtmsed
tight to their Ident y a pobn6al witnesses omrbrsldI
I bellows this in partladuy No in %It of
Ow t§oM
sole purpose of the aDrnsiahmito d Rlgetlsn .
it is my WfdaMNmdkg that Mfr. Far* is
abovs rehfarmead 148ga0on boW on my iwiew
SOL 1f iW STRIC P.0. a0Y 1p
WWW.IDSW.CAM 717,1114AfW
ist saoh om of his dlenle who wse • femlar
la "Mftasy amend vw to tamdnaled mod)
were pot 11 wboom In this particular
we 8nar dated August 8, 200.1. Mr.
rrsrtsd Couple nmd sfBaidmleb. In
a ware eddibad married couples and
of August R, 2005 b dent ae to to ectiom
dadceure of fonfler Fadsy flnaemefai tdsrmle
lase o4ocoons, duo to ttw fad yaw
the ahoy s•rearwmd 8tlgstlon. 1 balsas ate
stlJscson to the dlagdwn of 8nt Idenaty.
Order lire" the use of their Wersky for the
of tee marry as 22 potanN witnesses to to
fencer" of his fret depsehlon. We b"m
I.YANIA M A341011
MAILOIDSW.WM
JOHNSON, DUPFfB, BT,E1IteT t WEIDNER. P,C.
EXHIBIT
D
Debra 1 K WWK Esgrprs
•, a
Uw record at ttya pant dory ItwlaMS to Dodo
F" cw*mad OW at Mast tau tamer PFB i:Y
vuhsegwnry W minelod by Mr. Farley in Juno 2d
LW#trbAu**, Mr. Way was urwlft to so
Aw l- who Idl bataift'll l F** fits
would be " to r+am tl then loriosr
FNWWW and tiomme world to
PAterdit wNfta
rtne ta:, pt.aee oirRad me at your a,
referenced datm for the takWq of Mr. Forty{
ondmoaled tmperstlml. ItYbu how efty Surd?
frog to earoaet me da+ay.
rq breei hsd her Coverrett Nd to Compete, M%
1w bears. t" - of Farley Frmrdal Aw were
`wMh corm don Madw or not no font PF'8
FMurom y, hared atria with came Ww Out to
were arrant or tonim dents of Fw*
to Ifds Option I by had now to he flies.
earm"lana to mrdkm oft d " snow
Vposillon at his dNoa I look forward ta your
or artreeme in mp m to pde meter, Pima" fael
J%WK t)UFFIF, STSNAKr! WIRO ER
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PFB MEMBERS' SERVICE : IN THE COURT OF COMMON PLEAS
CORPORATION
VS. : OF CUMBERLAND COUNTY. PENNA
TERRI L. SCHOONOVER :NO. 03 -1307
..............................................................................................................................................
..............................................................................................................................................
CERTIFICATE OF SERVICE
Date of Service
Method of Service
February 1, 2006
regular mail
Paper(s) served: Deponent Richard Farley's Response to Plaintiffs
Motion to Compel Disclosure on Information
Party/Attorney served:
Wade D. Manley, Esquire
301 Market Street
PO Box 109
Lemoyne, Pa 17043
Debra K. Wallett, Esquire
24 North 32nd Street
Camp Hill, Pa 17011
I verify that service was made to the best of my knowledge as described above.
I make this statement subject to the penalties provided by Pa. 18 C.S.A. Section 4904,
relating to unsworn falsification to authorities.
A J " 0Ar\--
Mary DaItch4 secretary to Michael J. Niemiec
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PFB MEMBERS' SERVICE CORP.: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
TERRI L. SCHOONOVER,
Defendant
03-1307 CIVIL
CIVIL ACTION - EQUITY
IN RE: PLAINTIFF'S MOTION TO COMPEL
ORDER
AND NOW, this /0 day of February, 2006, argument on the motion to compel set
for Thursday, February 9, 2006, is continued to Monday, April 3, 2006, at 3:30 p.m. in
Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
J.
Hess, J.
David W. DeLuce, Esquire /
Wade D. Manley, Esquire
For the Plaintiff
Debra K. Wallet, Esquire wua?(
For the Defendant
Am
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rt 1 ..'r t1 ?V
PFB MEMBERS' SERVICE CORP.: IN THE COURT OF COMMON PLEAS OF
Plaintiff
VS.
TERRI L. SCHOONOVER,
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
03-1307 CIVIL
CIVIL ACTION - EQUITY
IN RE: PLAINTIFF'S MOTION TO COMPEL
ORDER
AND NOW, this 'S-` day of April, 2006, following argument thereon, the
plaintiff s motion to compel is GRANTED and the plaintiff is authorized to re-notice the
deposition of Richard Farley. In lieu of attending the deposition, Mr. Farley may submit an
affidavit indicating that he has reviewed his records and that all information previously provided
in response to our order of August 8, 2003, is true and correct to the best of his information,
knowledge and belief.
BY THE COURT,
?Xavid W. DeLuce, Esquire
Xade D. Manley, Esquire
For the Plaintiff
,e bra K. Wallet, Esquire
For the Defendant
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Johnson, Duffle, Stewart & Weidner
By: Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
PFB MEMBERS'
CORPORATION
Plaintiff
V.
TERRI L. SCHOONOVER
Defendant
NO. 03-1307
CIVIL ACTION - EQUITY
MOTION TO COMPEL COMPLIANCE WITH AUGUST 5. 2006
ORDER OF COURT
AND NOW, this l (1, k? day of June, 2006, comes the Plaintiff, PFB Members' Service
Corporation, by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner,
P.C., and moves this Honorable Court for an Order requiring compliance with the April 5, 2006
Order of the Honorable Kevin A. Hess, and in support thereof avers as follows:
1. PFB Members' Service Corporation, ("PFB"), filed a Complaint against the
Defendant, Terri L. Schoonover ("Schoonover') on or about April 8, 2003 alleging that she was in
breach of her professional services contract when she resigned from employment with PFB and
entered into employment with Farley Financial, Inc.
2. The Complaint specifically alleges that Schoonover solicited and/or performed
accounting services for twenty-four (24) former clients of PFB either for her own benefit or for the
Attorneys for Plaintiff
SERVICE IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY, PENNA.
benefit of Farley Financial, Inc.
3. PFB's Complaint further alleges that it sustained damages due to Schoonover's
breach by soliciting and/or performing accounting work for former PFB clients.
4. On April 5, 2006, following hearing, the Honorable Kevin A. Hess entered an
Order granting PFB's Motion to Compel the Discovery of Tangible Things and the identity and
location of persons having knowledge of discoverable matter pursuant to Pa.R.C.P. 4003.1(a).
5. PFB's Motion to Compel specifically requested "that this Honorable Court enter an
Order requiring the disclosure of clients or former clients of Richard Farley, and his company,
who he believes are potential witnesses to this case and whether the Defendant, Terry Lynn
Schoonover performed any services for those clients." See, Exhibit B, Plaintiffs Motion to
Compel Disclosure of Information, attached hereto as Exhibit A.
6. With the granting of the Plaintiffs Motion, Richard Farley is required to disclose
clients and/or former clients of his and his company who he believes are potential witnesses to
this case and whether the Defendant, Terry Lynn Schoonover, performed any services for those
clients.
7. The granting of the Motion presumably further provides that Farley can not hide
behind the fallacy of the "accountant-client privilege" and withhold the identity of potential
witnesses to this litigation, which Plaintiff is entitled to.
8. The April 5, 2006 Order of Judge Hess goes on to state that the Plaintiff would be
authorized to re-notice the deposition of Richard Farley and that Richard Farley could submit an
Affidavit verifying that he had (1) reviewed his records, and (2) that all information previously
provided was true and correct to the best of information, knowledge and belief. See, April 5,
2006 Order, attached hereto as Exhibit B.
9. The Plaintiff did re-notice the deposition of Mr. Farley for Friday, May 19, 2006 at
12:00 p.m. at Mr. Farley's office in Towanda, Pennsylvania.
10. In response to the Notice of Deposition, Mr. Farley forwarded to Plaintiffs counsel
an Affidavit notarized on May 10, 2006. See, Affidavit of Richard Farley, attached hereto as
Exhibit C.
11, Mr. Farley's Affidavit fails to verify that he reviewed his records according to the
April 5, 2006 Order, and also fails to disclose the clients or former clients of Richard Farley and
his company who he believes are potential witnesses to this case and whether the Defendant,
Terry Lynn Schoonover, performed any services for those clients pursuant to the relief requested
and ordered by the April 5, 2006 Order. See, Exhibit C.
12. It is understood that, while the Court agrees that the Plaintiff is entitled to the relief
requested in its Motion to Compel the Disclosure of Information, the Court is sensitive to the cost
and time associated with going forward with the deposition of Mr. Farley.
13. Therefore, in lieu of a deposition, the Plaintiffs would propose to submit questions
to Farley as provided by Exhibit D, attached hereto, and accept his verified answers to those
questions.
WHEREFORE, PFB respectfully requests that this Honorable Court enter an Order
requiring Richard Farley to comply with the Order of April 5, 2006 in full by attending a
.deposition, or in the alternative, to provide verified answers to the questions attached to this
Motion as Exhibit E pursuant to the granting of PFB's Motion to Compel Disclosure of
Information.
Respectfully submitted,
JOHNS N, DUFFIE, ST WART & WEIDNER
By: mA
Wade D. M nley
Attorney I.D. No. 8
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
:276799
EYhi bif
0
,16hnson, Duffle, Stewart & Weidner
By: David W. DeLuce
I.D. No. 41687
By: Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
PFB MEMBERS' SERVICE CORPORATION
Plaintiff
V.
TERRI L. SCHOONOVER
Defendant
Attorneys for Plaintiff JAN /117 1006
r• cJ T
IN THE COURT OF COMMON IREEA4-!OF
CUMBERLAND COUNTY, PENN1GvYLViRNIA
NO. 03-1307
CIVIL ACTION - EQUITY
PLAINTIFF'S MOTION TO COMPEL DISCLOSURE OF INFORMATION
AND NOW, this day of January, 2006, comes the Plaintiff, PFB Members' Service
Corporation, by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and
moves this Honorable Court for an Order requiring the disclosure of tangible things and the identity and
location of persons having knowledge of any discoverable matter pursuant to Pennsylvania Rule of Civil
Procedure 4003.1(a), and in support thereof avers as follows:
1. PFB Members' Service Corporation, ("PFB"), filed a Complaint against the Defendant,
Terri L. Schoonover ("Schoonover") on or about April 8, 2003 alleging that she was in breach of her
professional services contract when she resigned from employment with PFB and entered into
employment with Farley Financial, Inc.
2. The Complaint specifically alleges that Schoonover solicited and/or performed
accounting services for twenty-four (24) former clients of PFB either for her own benefit or for the
benefit of Farley Financial, Inc. See, Complaint, attached hereto as Exhibit A, ¶12.
3. PFB's Complaint further alleges that it sustained damages due to Schoonover's breach
by soliciting and/or performing accounting work for former PFB clients. See, Exhibit A, ¶13.
4. Through depositions of Schoonover and the owner for Farley Financial, Richard Farley
("Farley"), PFB has been able to identify some former PFB clients for which Schoonover solicited
and/or performed accounting services.
5. However, during the course of Farley's deposition, he identified a list of former PFB
clients who became clients of Farley's when he hired Schoonover and identified several individuals that
he refused to testify about because he believed they were potential witnesses in this matter. See,
Deposition transcript of Richard Farley, dated August 13, 2004, attached hereto as Exhibit B, pages 29-
56
6. In order to properly and sufficiently calculate the full extent of damages that PFB has
sustained as a result of Schoonover soliciting and/or performing accounting services for former PFB
clients in breach of her professional services contract, PFB must have the opportunity to identify all of
the clients Schoonover solicited and/or performed accounting services for following her resignation of
employment with PFB.
7. During his deposition, Farley specifically testified that if he had the opportunity to review
his files in order to refresh his recollection, he would be able to (1) identify clients, and (2) identify
whether Schoonover performed services for those clients. See, Exhibit B.
8. The undersigned requested that Farley be given the opportunity to review his files but
Schoonover's counsel and Farley's counsel at the deposition, Debra Wallet, Esquire, refused to
accommodate the request.
9. Therefore, the undersigned counsel noticed the deposition of Richard Farley at his office
in order to review his files and provide the identity of clients and whether his former employee,
Schoonover, performed services for those clients.
10. On July 1, 2005, Farley's new counsel, Frank Niemiec, Esquire, advised that he would
instruct Mr. Farley not to divulge any information whatsoever regarding clients at the scheduled
deposition. See, July 1, 2005 correspondence, attached hereto as Exhibit C.
11. Mr. Farley's deposition, scheduled for July 15, 2005, was canceled pursuant to the July
1, 2005 letter from his counsel.
12. PFB, as a party, may obtain discovery regarding any matter, not privileged, which is
relevant to the subject matter involved in the pending action, whether it relates to the claim or defense
of a party seeking discovery, including the existence of tangible things and the identity and location of
persons having knowledge of any discoverable matter. Pa. R.C.P. 4003.1(a)(emphasis added).
13. Though not asserted, it is presumed that Farley's counsel is asserting that the
information requested by PFB, (1) to identify former PFB clients, and (2) identify whether Schoonover
performed services for those clients is privileged under the statutory accountant-client privilege.
14. Accountant-client privilege as codified in Pennsylvania at 63 P.S. §9.11a does not
include, as privileged, the identity of clients or what employee performed services for such clients.
15. In fact, general biographical information in general is not privileged information in a
professional relationship, for example, the Pennsylvania Superior Court in Brennan v. Brennan, 281 Pa.
Super. 362, 422 A.2d 510 (1980), held in the attorney-client relationship that as a general rule, an
attorney may be compelled to disclose the name and address of his client on the theory that his
knowledge as these matters did not flow from a confidential communication. Id. (citing In the Matter of
Jacqueline F., 404 N.Y.S. 2d 790 (1978)).
16. An exception to the rule cited in Brennan applies only in the limited instance when the
client originally intended for such biographical information to be confidential. In the Matter of Jacqueline
F., 404 N.Y.S. 2d 790 (1978).
17. Additionally, the accountant-client privilege statute is narrowly interpreted and should not
be applied in certain situations. Wolfington ex rel Estate of Wolfington v. Wolfington Body Co., Inc.,
2000 WL 33711033 (Pa. Comm. PI., August 8, 2000).
18. Again,' to draw a correlation to the attorney-client privilege, the American Bar
Association's Model Rules of Professional Conduct state that an attorney is impliedly authorized to
make disclosures in litigation by admitting facts that cannot properly be disputed. M.R.P.C. 1.6,
Comment 7.
19. To this point in the litigation there have been no facts presented that any clients of Farley
instructed Farley upon commencing their professional relationship to keep their identities confidential.
20. In fact, Farley in the course of his deposition confirmed that if he had his files in front of
him he would have been able to identify particular clients as he freely admitted they were potential
witnesses in this litigation.
21. It is the Plaintiff's position that neither the identity of Farley's clients or whether
Schoonover performed services for those clients is privileged information, however, in the alternative,
the Plaintiff believes that the balance of equities tips in favor of identifying Farley's clients and whether
Schoonover performed services for those clients as the information is essential to the full determination
of justice in this litigation.
22. The Plaintiff is not requesting any financial data contained in Farley's client's files.
Simply identifying certain clients and whether Schoonover performed work for those clients is sufficient
to serve the proper administration of justice and protect the Plaintiff's rights in this litigation.
WHEREFORE, PFB respectfully requests that this Honorable Court enter an Order requiring the
disclosure of clients or former clients of Richard Farley, and his company, who he believes are potential
witnesses to this case and whether the Defendant, Terri Lynn Schoonover, performed any services for
those clients.
Respectfully submitted,
JOHNSN N??,,1 DUFFFIE, STEWART & WEIDNER
By: 'Al -0 - M ?".A
David W. DeLu e
Attorney 1. D. No. 41
Wade D. Manley
Attorney I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
WDM:ead:266361
CERTIFI CA TE OF SERVICE
AND NOW, this I day of January, 2006, the undersigned does hereby certify that he did this date
serve a copy of the foregoing Motion to Compel by causing same to be deposited in the United States Mail,
first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Frank Niemiec, Esquire
Niemiec, Smith & Pellinger, LLP
427 Main Street
Towanda, PA 18848
Debra K. Wallet, Esquire
24 N. 32nd Street
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
BY: V " ?- ?n'
Wade D. Manl
Exh bit .$
G
PFB MEMBERS' SERVICE CORP.: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. 03-1307 CIVIL
CIVIL ACTION - EQUITY
TERRI L. SCHOONOVER,
Defendant
IN RE: PLAINTIFF'S MOTION TO COMPEL
ORDER
AND NOW, this 5` day of April, 2006, following argument thereon, the
plaintiff's motion to compel is GRANTED and the plaintiff is authorized to re-notice the
deposition of Richard Farley. In lieu of attending the deposition, Mr. Farley may submit an
affidavit indicating that he has reviewed his records and that all information previously provided
in response to our order of August 8, 2003, is true and correct to the best of his information,
knowledge and belief.
BY THE COURT,
David W. DeLuce, Esquire
Wade D. Manley, Esquire
For the Plaintiff
Debra K. Wallet, Esquire
For the Defendant
:rlm
F-,xh'ibi+ (2
0
PFB MEMBERS' SERVICE CORP.,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
: 03-1307 CIVIL
TERRI L. SCHOONOVER,
Defendant CIVIL ACTION - EQUITY
AFFIDAVIT OF RICHARD FARLEY
PURSUANT TO ORDER OF APRIL 5. 2006
I, Richard Farley, being duly sworn, depose and say:
1. I am an adult resident and a citizen of the Commonwealth of Pennsylvania.
2. My business address is 521 Main Street, Towanda, PA 18848.
3. I make this affidavit on personal knowledge.
4. On or about April 24, 2006, I received a Notice of Deposition which was filed
in response to the Court's Order of April 5, 2006, scheduling a deposition for Friday,
May 19, 2006. A true and correct copy of the Notice of Deposition is attached hereto
as Exhibit "A".
5. Pursuant to the Court's Order of April 5, 2006 I am making this affidavit in
lieu of attending the deposition scheduled for Friday, May 19, 2006.
6. Pursuant to the Court's Order of August 8, 2003, I gave notice of said Order
to clients of Farley Financial Inc. who had a prior relationship with PFB Members'
Service Corporation for whom Farley Financial Inc. provided professional services
from and after July 1, 2002.
7. After said notices were sent out to said clients of Farley Financial Inc.,
the names of the clients who did not object of disclosure to the Plaintiff were
provided to Plaintiff's Counsel. I also informed Plaintiff's counsel that I was not
provided the names of clients who objected to said disclosure.
8. I further provided all personnel records in my possession of Terri L.
Schoonover.
°'-Richard Farley
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF BRADFORD
SS.
On this, the a-S- day of , 2006 before me, a Notary Public, the
abovesigned officer, personally appeared chard Farley, known to me to be the person
whose name is subscribed to the written instrument and acknowledged that he
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
\nnLl P\ 11?'1"
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Belinda A. Randall, Notary Public
Towanda Boro, Bradford County
My Commission Expires Sept 29,2W9
Member, Pennsylvania Association of Notaries
Exhibl+ D
PFB MEMBERS' SERVICE IN THE COURT OF COMMON PLEAS
CORPORATION OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO. 03-1307
V.
TERRI L. SCHOONOVER CIVIL ACTION - EQUITY
Defendant
REQUESTS FOR ADMISSION
AND NOW, the Plaintiff respectfully requests that you provide verified responses to the
Following Request for Admissions:
1. While employed by you and/or your company the Defendant, Terri Lyn Schoonover,
performed services for the following:
Vincent Neville Admitted Denied
Debra Neville Admitted Denied
Terri Hoyt Admitted Denied
Marlea Hoyt Admitted Denied
Stephen Towner Admitted Denied
Lawrence Engelke Admitted Denied
Ruth Engelke Admitted Denied
B. Mark Smith-Gary Admitted Denied
Kristen Smith-Gary Admitted Denied
Rodney Darling Admitted Denied
William Brown Admitted Denied
Janet Brown Admitted Denied
H. Willard Alderfer Admitted Denied
Eleanor Loomis Admitted Denied
Clellen Leh Admitted Denied
Rhoda Leh Admitted Denied
S. Scott Cook Admitted Denied
Clair Thrush Admitted Denied
Patricia Thrush Admitted Denied
Charles Harris Admitted Denied
Ester Harris Admitted Denied
Larry Forrest/Wnwood Veal Admitted Denied
J. Richard Kauffman Admitted Denied
Susan Kauffman Admitted Denied
William Olewnik Admitted Denied
Helen Olewnik Admitted Denied
Caleb Hess Admitted Denied
Karen Hess Admitted Denied
Robert Wilson Admitted Denied
Barbara Wilson Admitted Denied
William J. Dagostin Admitted Denied
James Alderfer Admitted Denied
Kenneth Walter Admitted Denied
Larry Forrest Admitted Denied
Russell Jones Admitted Denied
John LaRock Admitted Denied
Stephen Bedesso Admitted Denied
William Engelke Admitted Denied
Asylum Township Admitted Denied
Curt Cragle Admitted Denied
William Madsen Admitted Denied
Ronald Painter Admitted Denied
Arthur Wolf Admitted Denied
Larry Bostwick Admitted Denied
Sylvia Engelke Admitted Denied
William Engelke, III Admitted Denied
William Engelke, Jr. Admitted Denied
Yvonne M. Cragle Admitted Denied
Douglas Alderfer Admitted Denied
Willard Alderfer Admitted Denied
Gladys Alderfer Admitted Denied
Ricky Brown Admitted Denied
Gordon Kissell Admitted Denied
Charles Meyer Admitted Denied
Foster Constable Admitted Denied
Tim Miller Admitted Denied
:273110
VERIFICATION
I, RICHARD FARLEY, hereby acknowledge that following review of the necessary files,
I have read the foregoing questions posed and provided truthful and accurate responses to
those questions; and that the facts and responses stated therein are true and correct to the
best of my knowledge, information and belief.
understand that any false statements herein are made subject to penalties of 18 Pa. C.
S. Section 4904; relating to unsworn falsification to authorities.
By:
RICHARD FARLEY
DATE:
CERTIFICATE OF SERVICE
AND NOW, this day of June, 2006, the undersigned does hereby certify that he did
this date serve a copy of the foregoing document by causing same to be deposited in the United
States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Frank Niemiec, Esquire
Niemiec, Smith & Pellinger, LLP
427 Main Street
Towanda, PA 18848
Debra K. Wallet, Esquire
24 N. 32nd Street
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Wade D. Manley
PFB MEMBERS' SERVICE CORP.: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
TERRI L. SCHOONOVER,
Defendant
03-1307 CIVIL
CIVIL ACTION - EQUITY
IN RE: PLAINTIFF'S MOTION TO COMPEL
ORDER
AND NOW, this 1 G " day of June, 2006, a brief argument on the within Motion to
Compel is set for Thursday, August 3, 2006, at 2:30 p.m. in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, PA.
BY THE COURT,
David W. DeLuce, Esquire
Wade D. Manley, Esquire
For the Plaintiff
/ebra K. Wallet, Esquire
For the Defendant
rank Niemiec, Esquire
427 Main Street
Towanda, PA 18848
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PFB MEMBERS' SERVICE CORP.: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
TERRI L. SCHOONOVER,
Defendant
03-1307 CIVIL
CIVIL ACTION - EQUITY
IN RE: PLAINTIFF'S MOTION TO COMPEL
BEFORE HESS. J.
ORDER
AND NOW, this -71 n day of August, 2006, the motion of the plaintiff "to compel
compliance with August 5, 2006, order of court" is GRANTED and the noticing of the
deposition of Richard Farley is herewith authorized. In the alternative, and in lieu of a
deposition, he may provide verified answers to the questions attached to the plaintiff s motion as
Exhibit E. Said answers shall be provided within thirty (30) days unless an extension is granted
by the court.
Wade D. Manley, Esquire
For the Plaintiff
Bryon R. Kaster, Esquire
For Richard Farley
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BY THE COURT,
FILE(}-OFFICE
OF THE PROIll") CTARY
2006 AUG 21 Pli 1: 2 7
GUr?Fc; u=: <i :v1;NJTY
EN YLVANA
PFB MEMBERS' SERVICE CORP.: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
TERRI L. SCHOONOVER,
Defendant
03-1307 CIVIL
CIVIL ACTION - EQUITY
IN RE: PLAINTIFF'S MOTION TO COMPEL
BEFORE HESS, J.
MEMORANDUM OPINION AND ORDER
The discovery motion, currently before the court, frames the question of whether the
disclosure of the names of clients violates the privilege which exists between those clients and
their accountant. We are satisfied that such disclosure does not violate the privilege. To the
extent that our prior discovery orders in this case suggest otherwise, they are herewith rescinded.
The underlying complaint filed by PFB Members' Service Corp. ("PFB") alleges that the
defendant, Terri L. Schoonover ("Schoonover") breached her professional services contract
when she resigned employment from PFB and entered into employment with Farley Financial
Inc. The complaint alleges that she solicited and/or performed accounting services for
approximately twenty-four clients of PFB either for her own benefit or for the benefit of Farley
Financial Inc. In its most recent discovery request, the plaintiff has submitted a list of names of
former clients of PFB, seeking an indication as to whether these persons became clients of Farley
Financial Inc. Both parties agree that the issue presently before the court is whether an
accountant's clients'/former clients' identities are privileged information that is not discoverable.
Richard R. Farley, through counsel, argues that such biographical information is
privileged. He analogizes to the attorney-client privilege, citing the case of Brennan v. Brennan,
NO. 03-1307 CIVIL
422 A.2d 510 (Pa.Super. 1980). Brennan stands for the proposition that, while it is not always a
violation of the attorney-client privilege to disclose one's client's address and phone number, the
attorney could rely on the privilege where the client had expressly asked that the information be
kept confidential and where the exercise of the privilege did not, otherwise, operate to permit or
continue a crime or fraud. The only other case relied upon by Mr. Farley is the case of
Wolfington v. Wolfington Body Co. This case is by no means on point and has, in any event, not
been reported.
The accountant-client privilege is a creature of statute and appears at 63 P.S. 9.11 a. It
bars the disclosure of "information of which [the accountant] may have become possessed
unless the sharing of confidential information is within the peer review process." The attorney-
client privilege provides that counsel shall "not be competent or permitted to testify to
confidential communications made to him by his client..." 32 Pa.C.S.A. 5928. Mr. Farley
makes the argument that "information" is more encompassing than "communications" and
therefore the accountant-client privilege is arguably broader than the attorney-client privilege.
We are satisfied that that is not the law.
In Orix USA Corp. v. DVIInc., 37 D & C 4t6 491 (1997), the Honorable R. Stanton
Wettick, Jr., of Alleghany County, dealt with the question of whether a crime-fraud exception
applied to the Pennsylvania accountant-client privilege. In determining that such an exception
applied, Judge Wettick summarized the law as follows:
If 63 P.S. § 9.11 a should be considered without
taking into account any other evidentiary
privileges, I might base a ruling solely on the
language of this legislation. However, this
legislation was enacted in the context of case law
and legislation protecting confidential
2
NO. 03-1307 CIVIL
communications made for the purposes of
obtaining professional services. The legislature
adopted this legislation creating an accountant-
client privilege because the common law did not
protect communications between the accountant
and the client. This legislation "makes only a
limited change in the common law." Agra
Enterprises Inc. v. Brunozzi, 302 Pa. Super 166,
171, 448 A.2d 579, 582 (1982). It was not
intended to extend the full scope of the attorney-
client privilege to accountant-client relationships.
Id.
See Rubin v. Katz, 347 F.Supp. 322 (E.D. Pa.
1972), which was cited with approval in Agra
Enterprises Inc. v. Brunozzi, supra at 171, 448
A.2d at 582, where the district court said:
"Defendants' attempt to draw an analogy
to the broad, stringent protections of the
attorney-client privilege as enforced in
Richardson v. Hamilton International
Corp., supra, and John Doe v. A. Corp., 330
F. Supp. 1352 (S.D.N.Y. 1971) cannot
succeed. The Pennsylvania statute as
described above was clearly intended to
make a limited change in the law, and not
to extend the common-law attorney-client
privilege to accountant-client relationships.
Defendants have not shown that the
prophylactic rule established by common
law in the attorney-client relationship
has now been extended to the accountant-
client case."
(Footnotes omitted.)
Id. at 494-495.
We are satisfied that the request of the plaintiff seeking the names of Farley clients,
particularly clients serviced by Ms. Schoonover, does not implicate the accountant-client
privilege. The privilege, instead, is designed to protect the disclosure of private financial
NO. 03-1307 CIVIL
information of those clients. Previous orders of this court have suggested that Mr. Farley need
not disclose the identify of clients who have decided not to be identified in response to discovery
requests. We rescind that limitation. We save for another day the question of whether a client's
identity should be disclosed where the client, at the inception of the professional relationship,
specifically indicated that his identity should remain confidential. To date, this issue has not
been raised.
ORDER
AND NOW, this 21 , day of August, 2006, the motion of the plaintiff "to compel
compliance with August 5, 2006, order of court" is GRANTED and the noticing of the
deposition of Richard Farley is herewith authorized. In the alternative, and in lieu of a
deposition, he may provide verified answers to the questions attached to the plaintiff s motion as
Exhibit E. Said answers shall be provided within thirty (30) days unless an extension is granted
by the court.
Wade D. Manley, Esquire
For the Plaintiff
Bryon R. Kaster, Esquire
For Richard Farley
BY THE COURT,
d
11
Johnson, Duffle, Stewart & Weidner
By: Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
wdm@jdsw.com
PFB MEMBERS' SERVICE
CORPORATION,
Plaintiff
V.
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1307 CIVIL ACTION
CIVIL ACTION - EQUITY
TERRI L. SCHOONOVER, JURY TRIAL DEMANDED
Defendant
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above captioned action settled and discontinued, including all
LAW OFFICES OF DEBRA K. WALLET
By: 4*.. V. Jaws
Debra K. Wallet
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Wade D. Ma ey
DISCONTINUANCE CERTIFICATE
AND NOW, 4U0 too ADOd suit has been marked as above directed.
counterclaims, crossclaims and joinders of additional parties.
S //?, . &R k "
PROTHONOTARY 49@
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It
CERTIFICATE OF SERVICE
AND NOW, this day of -da 2008, the undersigned does hereby
certify that she did this date serve a copy of the foregoing praecipe upon the other parties of
record by causing same to be deposited in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, addressed as follows:
Debra K. Wallet, Esquire
24 North 32"d Street
Camp Hill, PA 17011
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
chelle H. Spangler 17
:339376
0121-403
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