HomeMy WebLinkAbout00-08574
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PENNSYL VANIA OFFICE
SERVICES GROUP, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - EQUITY
JENNIFER GARRISON,
Defendant
NO. 00-8574 CIVIL TERM
ORDER OF COURT
AND NOW, this 21st day of March, 2001, upon consideration of Plaintiffs
Motion for Protective Order Pursuant To Pa. R.C.P. 4012, and the Response of Defendant
to Plaintiffs Motion for Protective order Pursuant To Pac R.C.P. 40121, a discovery
conference/hearing is scheduled for Thursday, April 26, 2001, at 10:30 a.m., III
Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
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Glenn R. Davis, Esq.
Chadwick O. Bogar, Esq.
4720 Old Gettysburg Road
Suite 101
Mechanicsburg, PA 17055
Attorneys for Plaintiff
Kenneth A. Wise, Esq.
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17108-1489
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICES
GROUP, INC.,
CIVIL ACTION - EQUITY
Plaintiff
No. 00-8574
v.
JENNIFER GARRISON,
Defendant
ORDER
AND NOW, to wit, this _ day of March, 2001, in consideration of Plaintiff's
Motion for Protective Order Pursuant to Pa.R.c.p. 4012 and Defendant's Response
hereto, said Motion is hereby denied.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICES
GROUP, INC.,
CIVIL ACTION - EQUITY
Plaintiff
No. 00-8574
v.
JENNIFER GARRISON,
Defendant
RESPONSE OF DEFENDANT TO PLAINITFF'S
MOTION FOR PROTECTIVE ORDER PURSUANT TO Pa.R.C.P. 4012
AND NOW, comes Defendant, by her counsel, and respectfully responds to
Plaintiff's Motion for Protective Order as follows:
1. Denied as stated. It was faxed over on February 12.
2. The document speaks for itself It suffices to say that the four categories
of documents sought are in direct response to Plaintiff's complaint alleging Defendant
violated a non compete agreement with respect to four named customers.
3. Denied.
a) Information sought consists of customer information. Such
customer lists do not constitute trade secrets or confidential business information
in this particular industry. Since customer list preferences have traditionally been
considered not to be confidential.
b) Plaintiff is alleging violation of a non compete agreement with
respect to the very same customers as pleaded by Plaintiff. Plaintiff has therefore
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waived any claim of confidentiality, both by alleging it and then by bringing this
suit.
4. Denied.
a) In addition to being mailed February 12, it was faxed February 12.
b) Plaintiff claimed to have those records at the Preliminary Injunction
Hearing.
c) The Request for the Production of Documents is central to this
Court's determination of whether or not the alleged entities are in fact customers
of Plaintiff, as it claims.
5. Denied for reasons set forth in paragraph 4c above and the other
material herein. Furthermore:
a) There exists numerous units within state and federal agencies
that have separate buying authority for office furniture.
b) At least three of the entities whom Plaintiff claims as
customers, namely the Commonwealth of Pennsylvania, Letterkenny Army
Depot, and New Cumberland Army Depot, all have distinct purchasing
units within them.
c) The practice within the industry is for these to be considered
separate customers.
d) Plaintiff fails to enumerate the separate buying units within
New Cumberland Army Depot, Letterkenny Army Depot, and the
Commonwealth of Pennsylvania.
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WHEREFORE, Defendant respectfully requests the following relief:
a) That this Motion For Protective Order, or any similar Order,
be dismissed as not constituting a protectable subject matter;
b) Declare that Plaintiff has waived it's right to claim a
protectable interest;
c) Relieve Defendant from any injunction against any entity
Plaintiff claims to be a customer and enter judgment in her favor.
d) Order Plaintiff to disclose all information on any entity
it asserts is a customer within the meaning of the subject agreement.
Date: 7 ~ tl
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Kenneth A. Wise, Esquire
Id. No. 16142
126 Locust Street
P. O. Box Il489
Ramsburg, PA 17108-1489
(717) 238-3838
Attorney for Defendant
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VERIFICATION
Upon my personal knowledge or information and belief, I hereby verny that the
facts averred in the foregoing Response Of Defendant To Plaintiff's Motion For
Protective Order Pursuant To Pa.R.C.P. 4012 are true and correct to the best of my
knowledge, information, and belief I understand that false statements or averments
therein made will subject me to the criminal penalties of 18Pa.C.S. ~ 4904 relating to
unsworn falsification to authorities.
Date:
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J enrufer Garrison
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CERTIFICATION
I hereby certify that I am this day serving a true and correct copy of the attached
Response Of Defendant To Plaintiff's Motion For Protective Order Pursuant To
Pa.R.C.P. 4012 on the following individual by Hand Delivery addressed as
follows:
Glenn Davis, Esquire
Latsha, Davis, & Yohe, P.C.
PO Box 825
Harrisburg, PA 17108-0825
Date:
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ermeth A. Wise, Esquire
Id. No. 16142
126 Locust Street
P. O. Box 11489
Hanisburg, P A 17108-1489
(717) 238-3838
Attorney for Defendant
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PENNSYL VANIA OFFICE
SERVICES GROUP, INC.,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
ClJMl3ERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - EQUITY
JENNIFER GARRISON,
Defendant
NO. 00-8574 CIVIL TERM
ORDER OF COURT
AND NOW, this 2ih day of February, 2001, upon consideration of Plaintiff's
Motion for Protective Order Pursuant To Pa. R.C.P. 4012, a Rule is issued upon
Defendant to show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
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Glenn R. Davis, Esq.
Chadwick O. Bogar, Esq.
4720 Old Gettysburg Road
Suite 10 I
Mechanicsburg, PA 17055
Attorneys for Plaintiff
Kenneth A. Wise, Esq.
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17108-1489
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICE
GROUP, INC.,
Plaintiff
v.
JENNIFER GARRISON,
Defendant
AND NOW, this
NO. 00-8574
CIVIL ACTION - EQUITY
ORDER
of
, 2001, it is
hereby ORDERED and DECREED that Plaintiff's Motion for Protective Order Pursuant
to Pa. R.c.P. 4012 is GRANTED.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
PENNSYLVANIA OFFICE SERVICE
GROUP, INC.,
Plaintiff
v.
NO. 00-8574
JENNIFER GARRISON,
Defendant
CIVIL ACTION - EQUITY
PLAINTIFF'S MOTION FOR PROTECTIVE ORDER
PURSUANT TO PA.R.c.P. 4012
AND NOW, COMES, Plaintiff, Pennsylvania Office Service Group, Inc., and
makes this within motion for a protective order pursuant to Pa. R.c.P. 4012, and in
support thereof provides as follows:
1. On or about February 13, 2001, Defendant, Jennifer Garrison, propounded
on Plaintiff a Notice to Produce (attached as Exhibit" A").
2. The four categories of documents sought cover a two-year time span as
well as pertain to broad, nonspecific categories, such as "the Commonwealth of
Pennsylvania."
3. The information sought constitutes trade secrets and confidential business
information. Plaintiff has been forced to bring this action to enforce Defendant
Garrison's dissemination and/ or use of information of this nature and therefore
additional release without safeguards will further damage Plaintiff.
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4. This matter was filed on December 12, 2000, providing Defendant with
ample opportunity to engage in timely discovery, however, Defendant has chosen to
serve this Notice to Produce, by mail without telefax copy, one day prior to the hearing,
the timing of which proves to be burdensome.
5. The documents sought by Defendant Garrison have little to no relevance
to the issue of her violating the restrictive covenant of her employment agreement and
are burdensome to produce.
WHEREFORE, Plaintiff, Pennsylvania Office Service Group, Inc., respectfully
requests that this Honorable Court enter an order protecting it from the improper and
burdensome Notice to Produce.
Respectfully submitted,
LATSHA DAVIS & YOHE, P.c.
Dated:~
By
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Glenn R. Davis
Attorney J.D. No. 31040
Chadwick O. Bogar
Attorney J.D. No. 83755
P. O. Box 825
Harrisburg, P A 17108-0825
(717) 761-1880
Attorneys for Plaintiff, Pennsylvania
Office Service Group, Inc.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICES
GROUP, INC.,
CIVIL ACTION - EQUITY
Plaintiff
No. 00-8574
v.
JENNIFER GARRISON,
Defendants
NOTICE TO PRODUCE
TO: Pennsylvania Office Services Group, Inc., Plaintiff:
You are directed to produce the following:
1. All sales orders, billings, proposals, correspondence, or the like; over the past two
years to or from the Commonwealth of Pennsylvania;
2, All sales orders, billings, proposals, correspondence, or the like; over the past two
years to or from Herbert, Rowland & Grubic, Inc.;
3. All sales orders, billings, proposals, correspondence, or the like; over the past two
years to or from Letterkenny Army Depot;
4. All sales orders, billings, proposals, correspondence, or the like; over the past two
years to or from New Cumberland Army Depot;
at the Courtroom of the Hon. 1. Wesley Oler, Jr., Judge at the Cumberland County Courthouse, High
and Hanover Streets, Carlisle, Pennsylvania, on February 15, 2001 at 1 :30 o'clock p,m.
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If you fail to produce the documents or things required by this notice to produce, you may be
subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure.
Date:
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. :Kenneth A Wise, Esquire
Id. No. 16142
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
Attorney for Defendant
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CERTIFICATION
I hereby certify that I am this day serving a true and correct copy of the attached NOTICE
TO PRODUCE on the following individual by First Class U.S. Mail addressed as follows:
Glenn Davis, Esquire
Latsha, Davis, & Yohe, P.C.
PO Box 825
Harrisburg, PA 17108-0825
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ttermeth A. wI:e, Es~uf;.e
ill No. 16142
126 Locust Street
P. O. Box 11489
Hanisburg, PA 17108-1489
(717) 238-3838
Attorney for Defendant
Jennifer Ganison
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Plaintiff's Motion for Protective Order Pursuant to Pa. R.CP. 4012 was served
by first-class United States mail, postage prepaid, upon the following:
Kenneth A. Wise, Esq.
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
Dated:~
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Glenn R. Davis
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EMPLOYMENT AGREEMENT
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THIS AGREEMENT made this day off1tfil 6T , 1999,
between Permsylvania Office Service Group, Ine. (the "Emp oyer") having a
principal place of business at 309 South Tenth Street, Lemoyne, Pennsylvania
17043, and de..nfl itel'" Go. V'Y'\'SO V"I (the "Employee")
residing at iOC;n K'elly Driv.e} 'IOrk PA- l7ifO<f
ARTICLE 1. TERM OF EMPLOYMENT. The Employer employees the
Employee and the Employee accepts employment with the Employer beginning
on the above-referenced date, subject, however, to termination of this Agreement
, as provided below.
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ARTICLE 2. DUTIES OF EMPLOYEE. The Employee is employed as a
salesperson to sell the goods and merchandise of the Employer. The Employee
agrees to devote all business time, attention, and energy to Employee's duties as
a salesperson, subject to the direction and control of the Employer, and shall to
the best of Employee's ability make every effort to sell the goods and
merchandise of the Employer in the assigned territory. The Employee shall assist
in the collection of all sums due from persons to whom the goods and
merchandise of the Employer are sold and in the adjustment of any complaints
or disputes that may arise in connection with any sales made by the Employee.
2.01. Assignment of T erritorv. The Employer reserves the right
to assign any sales territory to the Employee including specific accotmts. This
assignment may be changed from time to time at the sole discretion of the
Employer. '
2.02. Written Reports bv Emplovee. On the last working day of
each month, the Employee shall complete and submit to the Employer a written
report stating the name and address of each customer or prospective customer
called on by the Employee, the day when each call was made,. the quantity and
description of all goods ordered by each customer, the nature of any complaints
made by any customer, suggestions made by any customer as to the
improvements that may be made in the goods and services provided by the
Employer, and any other information or data that may from time to time be
requested by the Employer.
2.03. Adherence to Rules. The Employee at all times during the
performance of this agreernent shall strictly adhere to and obey all the rules and
regulations now in effect or as subsequently modified governing the conduct of
employees of the Employer.
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2.04. Satisfactorv Performance of Duties. The employment of the
Employee shall continue only so long as the services rendered by the Employee
are satisfactory to the Employer, regardless of any other provision contained in
this Agreement. The Employer shall be the sole judge of whether the services of
the Employee are satisfactory.
ARTICLE 3. COMPENSATION OF EMPLOYEE.
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3.01. Commissions. As compensation for the services rendered
under this Agreement, the Employee shall be entitled to a commission as set
forth on the attached schedule (which from time to time may be changed at the
sole discretion of the Employer) on the gross profit of all goods and merchandise
of the Employer sold to customers in Employee's assigned accounts, whether the
sales were procured through the efforts of the Employee, other Employees of the
Employer, or the Employer itself. "Gross profit" as used in this Paragraph shall
be defined as gross revenue less cost of sales less returns and allowances when
made. Commissions shall be deemed earned when payment for goods and
merchandise sold is received by the Employer from the respective customers,
and earned commissions shall be paid to the Employee in the pay period
immediately following month's end.
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3.02. Drawing Account. The Employee shall be entitled to receive
in advance the sum of
Dollars ($ ) per week (prorated for any partial week
employed) on account of commissions to be earned by Employee under this
Agreement, and the amount so advanced shall be deducted from commissions
earned. In the event that, on termination of this Agreement, the amount
advanced exceeds the amount of commissions earned, the Employee may retain
the sum advanced 'and shall not be required to reimburse the Employer for any
amount by which advances exceed commissions earned.
ARTICLE 4. BUSINESS EXPENSES. It is recognized by the parties that
the Employee in connection with the services to be performed by Employee
pursuant to this Agreement will be obliged to expend monies for travel and
similar business expenses. Employer shall reimburse Employee for all
reasonable business expenses incurred in accordance with company policy.
Reimbursement payment will be made the first payroll after the conclusion of
each month and after the Employee has submitted a required expense report.
Employer shall not be liable to the Employee for the repayment of any business
expenses incurred by the Employee to the extent that they are not reasonable or
not in compliance with company policy.
49028.1
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ARTICLE 5. PROPERTY RIGHTS OF THE PARTIES. The Employee
shall not for a period of one (1) year immediately following the termination of
Employee's employment with the Employer, for any reason whatsoever, either
directly or indirectly:
1. Make known to any person, firm, or corporation the names
and addresses of any of the customers or prospective customers of the
Employer or any other information pertaining to them; or
2. Call on, solicit, or take away, or attempt to call on, solicit, or
take away any of the customers of the Employer on whom the Employee
called or with whom the Employee became acquainted during Employee's
employment with the Employer, either for Employee or for any other
person, firm, or corporation.
5.01. Ownership of Customer Records. All records of the
accounts of customers, route books, and any other records and books relating in
any manner whatsoever to the customers of the Employer, whether prepared by
the Employee or otherwise coming into Employee's possession, shall be the
exclusive property of the Employer regardless of who actually purchased the
original book or record. All of these books and records shall be immediately
returned by the Employee to the Employer on any termination of the Employee's
employment. If the Employee purchases any original book or record, Employee
shall immediately notify the Employer, who shall then immediately reimburse
the Employee.
ARTICLE 6. TERMINATION OF EMPLOYMENT. This Agreement
shall terminate on the occurrence of anyone of the following events:
1. The death of the Employee.
2. Express termination by the Employer at any time after the
Employee fails to perform Employee's duties under this Agreement, for
whatever cause, for a continuous period of not more than thirty (30) days;
all obligations of the Employer under this Agreement shall cease on any
such termination.
3. The willful breach of duty by the Employee, or the habitu,il
neglect or continued incapacity on the part of the Employee to perform
Employee's duties, unless waived by the Employer.
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4. The willful or permanent breach of the obligations of the
Employer to the Employee under this Agreement, unless waived by the
Employee.
5. Two (2) weeks (fourteen (14) days) notification by either
party to the other of intent to terminate the Agreement for any reason
whatsoever.
6.01. Effect of Termination on Compensation. In the event of
termination of this Agreement, the Employee shall be entitled to the
compensation earned prior to the date of termination as provided in this
Agreement, computed pro rata up to and including that date. The Employee
shall be entitled to no further compensation.
6.02. Time Limit for Claiming Comrnissions After Date of
Termination. All claims of the Employee for commissions on sales, whether the
sales are made by the Employee or others, are waived by the Employee if not
made and collected as previously set forth in this Agreement within thirty (30)
days after the date of the termination of Employee's employment with the
Employer.
6.03. Attorneys Fees and Costs. If any action at law or in equity
is necessary to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, costs, and necessary
disbursements in addition to any other proper relief.
ARTICLE 7. GENERAL PROVISIONS.
7.01. Notices. Any notices to be given under this Agreement by
either party may be effected either by personal delivery in writing or in mail,
registered or certified, postage prepaid with return receipt requested. Mailed
notices shall be addressed to the parties at the addresses appearing in the
introductory paragraph of this Agreement, but each party may adopt a new
address by written notice in accordance with this Paragraph. Notices delivered
personally shall be deemed communicated as of actual receipt; mailed notices
shall be deemed COminunicated as of three (3) days after mailing.
7.02. Entire Agreement.. This Agreement supersedes any and all
other agreements, whether oral or written, between the parties with respect to
the employment of the Employee by the Employer and contains all of the
covenants and agreements between the parties with respect to that employment.
49028,1
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7.03. Law Governing Agreement. This Agreement shall be
governed by and construed in accordance with the laws of the Commonwealth
of Pennsylvania.
ARTICLE 8. INJUNCTIVE RELIEF. Employee recognizes that the
restrictive covenants contained in this Agreement are essential to the protection
of the business interests and goals of the Employer, and that violation of the
restrictions will cause immediate harm to the Employer. Employee thus agrees
that, should Employee violate any of the restrictive covenants, Employer shall be
entitled to seek special, preliminary and permanent injunctive relief, as well as
any other rights or remedies to which Employer shall be entitled.
ATTEST:
PENNSYL V ANlA OFFICE SERVICE
GROUP, INC
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WITNESS:
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lATSHA DAVIS
& YOHE, PC.
Kimber L Latsha
Dougb5 C. Yohe*'"
Glenn R, Davis
Ke,"in M. McKenna."''''"
]onarh<ln M, Crist
Robcrt E. Slavkin
Davi-i C. Marshal]
Barbar<l G. Gra,'biil
Steven M. Momresoi*
Christinc L. Slldic)\r~
,
ATTORNEYS AT LAW
PLEASE REPLY TO,
WRITER'S E, MAIL
Harrisburg
gdavis@ldylaw.com
Also admitted *IV)
**NC. MD
***Xj.X
July 26, 2000
Ms. Jennifer Garrison
4022 Somerset Road
Dover, P A 17315
Re: Employment Agreement/Pennsylvania Office Service Group
Our File No. 227-00
Dear Ms. Garrison:
This firm and the undersigned provide legal representation to Pennsylvania Office
Service Group. POSG has requested that we contact you to reaffirm its intentions to hold you
accountable to the tenns and conditions of the Employment Agreement you entered into
with POSG dated August 5, 1999.
In the Agreement, Article 5, you obligated yourself for a period of one year after
termination of ernployment to neither directly nor indirectly disclose customers or
prospective customers of Pennsylvania Office Service Group or any other information
pertaining to them. In addition, you agreed not to call on, solicit or take away or attempt to
call on, solicit or take away, any custorners of Pennsylvania Office Service Group with whom
you became acquainted during your employment vvith Pennsylvania Office Service Group.
We have learned that you are employed by Total Office Solutions and upon
information and belief, it is understood that you are soliciting customers in the same sales
area you worked for POSG in an attempt to sell similar, if not identical, lines of products. It
is further understood that you have called upon prospective customers, which customer calls
would be prohibited by the above-referenced provision of your Agreement.
During your exit interview with President Till of POSG, you acknowledged the
restrictions of Article 5 of the Agreernent. POSG committed a substantial financial
Post Office Box 825 . Harrisburg, PA 17108,0825
4720 Old Gettysburg Road, Suite 101 . Mechanicsburg, PA 17055 . (717) 761.1880 . FAX (717) 761-7
7 Great Valley Parkway, Suite 221 . Malvern, PA 19355 . (610) 251.6985 . FAX (610) 407.9265
3000 Atrium Way, Suite 251 . Mt, Laurel, NJ 08054. (856) 231.5351 . FAX (856) 231,5341
Maryland Telephone, (410) 727.2SIO
'.,.,',..P~~f\l.'T!FF'S
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July 26, 2000
Page 2
investment in your training in certain product lines which we understand are also carried by
your current employer. This letter will serve to reaffirm POSG's resolve to hold you to the
terms and restrictions of the August 5 Agreement. Unless you immediately cease and desist
from your prohibited activity, POSG will be forced to pursue enforcement of its Agreement
by instigation of litigation.
Sincerely,
Ge. .:0?,Q:Jo
Glenn R. Davis
jhs
cc: Linda C. Till, President
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LINDA TILL
---Original Message----
From: Linda Till [mailto:ltili@posgnet.com]
Sent: Friday, November 10, 20004:28 PM
To: Jennifer Garrison (E-mail)
Subject:
Jennifer:
Please remember your committment to me with your non-compete contract. We
have treated you weli, Unforturnately you have let us down by your choice
to cali on POSG accounts, I felt you had more integrity but have come to
realize a si~nificant disappointment in your character decisions,
Please remove yourself from State and Federal accounts, and Herbert, Rowland
and Grubic, Inc. I have worked with Robert Grubic since 1992.
Hold on to your committments Jennifer.
Linda Tili
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Feb. 06 2001 04:33PM P4
FAX NO.
7177635552
1 OZ/05/01
14:Zr.
'6'7175611765
HRG lIDG
TOTAL OFFICE SOLUTIONS -. --
HRG- R:evip CaW1!'y..
Line # Product QT Sell Ex~>nded
peseripti?!l Y PriCe Sell
-
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Global
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1 Mnlliga Task Chair I $251.49 $251.49
lf1gh~~k
Ml Arm~:1ITt -
Fa.bric: Grade 3 ...-
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,,' " '. ,.- L4~f~Jit Series -
2 :Double: Ped Desk .- 2 $"310.07 $620:14
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3 J{neesplice Gred,enza 1 $281.00 $281.00
20"))~ ,72'W .,.,-
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PN=. Q~072CK ., , --
Joe Dicbei1, ,
4 J..l\teriJ.IFif~ ' 1 $236,08 $236.08
-.. 20"1) x 36"W
fini$: E~g1ish Oak ,
PN:Q70~&Lf ,
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, $liefilllin.i ~erll'S -'
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t;~t1IhEf; Bhiclt ,,_.. ..-
1'1'l: 4.310-4' .. --
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-
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1 $48.45
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" 11 Right Extendeli Comer 1 $.259.53 $259.53
-
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Lamina"'; A WH ._,-
PN: A2472FNR
I-'~- Uolal J;ttel' -
- 12 "Rilt. COllll\llltable Table I $J~O.28 "'$15028
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RECEIVED: 11/ 3/00 12:23AM; ->LEAD AMSAM-LE-EE-P; #748; PAGE 2
,4
11/03/2000 00:19
71 73081412
JENNIFER GARRISON
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FAXCOVER SHEET
TOTAL IFFICESI1UTInS
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FROM: Jennifer Garrison
PHONE: (717)3~8-1412
FAX TO: Tony Mullins - (717)267-8833
PAGES; 2
fV
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PAGE 01
Tony,
Attached hereto you will the quote for your storage credenza. When you are ready to
place the order jusi: c.ttTCtml>alt'lJ.t (800''J4lt?"-l~tt\ t\fId ask for We GSA d'eDartment or
order entl:3S. Or, ify()u would 1ike .me to take care crit I can take your credit 'clI1'il number
over me phone and, go from there-.
I am still waiting fprlheiustall. quote5iualse you're interested ,in them. I shotild have
them no later than' Monday,
I appreciate your business and if you should need anything just let me know!
Jen Garrison - Tqtal Office Solutions
PS - Be sure to mark ToW '0fficeSelutions as the dea1er'0frecord or the 0rder cetild go
to another vendor - and we den't want. that happening (01' maybe just I don't want that
happening!! Keep smiliu,g!
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~~CEIVED: 111 3/00 12:24AM; ->LEAD AMSAM-LE-EE-P; #746; PAGE 3
"
. 11/03/2000 00:19
JENNIFER GARRISON
71 73081412
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PAGE 02
TOTAL.QFFlCE SOLUTIONS
l.\;tteIkennv - Ton MuIIin$
Line # Product QTY List Sell
Deseri1'tien Prit:e ~
K-imbaH
1 Definition Credenza. 1 $24%,00 $.10-3-5-.84
24"D]I: J:J."W
*Ou,ick,dtin model
Beaded.rim.llIofile
.Finish: AmbeF Cbeav
Cable riu1t - hIm;k-
PN: Q:pF2472CSF "
, TOTAL SlCl.5S:.84
*GSA' . .53.5%
*L",t..dl4ion, .
*Must inark Total
Office ~ofutionB .ti -=
dealer Q.f'fCOOfd 'when :pC''"'
placing1:be order ' . {J/)P,)
,
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COVER PAGE
FAX: 17172678833
FROM:
FAX:
TEL:
COMMENT:
JENNIFER GARRISON
7173081412
7173081412
TOTAL OFFICE SOLUTIO ~
N..:.Z83
~l/30!20~2 13:18 7177306113
J~~.30.2Ba1 :a:2SAM TO 5
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Monday. AUgust 2B. 2COO 2:20 PM
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Total Offiee Saluno""
212-:<29-2100 l!Xt 22
----originAl Mts.lAge-..
Frorn; l(evin Cawley '" >
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De.te: MOM")', August 28, 2000 S, 11 AM
Subject: Otll"" FUll:lilUe
"Hello Ill,: name ;,; Kevin Cowley, I am interested in gett;"g quotes On
>oflic. furniture for our n<w building, Here is !he tit<!,
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TOTAL OFFICE SOLUTIO PAGE 03
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EMPLOYMENT AGREEMENT
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THIS AGREEMENT made this 5 day of liu~r.i:ST ,1999,
between Pennsylvania Office Service Group, Inc. (the "Emp oyer") having a
principal place of business at 309 South Tenth Street, Lemoyne, Pennsylvania
17043, and d€J1f1 itelr Go. Y"Y'\'so n (the "Employee")
residing at IO"}!') ICelly Drivel YOrk: P.4 J7'fOtf
ARTICLE 1. TERM OF EMPLOYMENT. The Employer employees the
Employee and the Employee accepts employment with the Employer beginning
on the above-referenced date, subject, however, to termination of this Agreement
, as provided below.
ARTICLE 2. DUTIES OF EMPLOYEE. The Employee is employed as a
salesperson to sell the goods and merchandise of the Employer. The Employee
agrees to devote all business time, attention, and energy to Employee's duties as
a salesperson, subject to the direction and control of the Employer, and shall to
the best of Employee's ability make every effort to sell the goods and
merchandise of the Employer in the assigned territory. The Employee shall assist
in the collection of all sums due from persons to whom the goods and
merchandise of the Employer are sold and in the adjustment of any complaints
or disputes that may arise in connection with any sales made by the Employee.
2.01. Assignment of Territory. The Employer reserves the right
to assign any sales territory to the Employee including specific accounts. This
assignment may be changed from time to time at the sole discretion of the
Employer.
2.02. Written Re-ports bv Employee. On the last working day of
each month, the Employee shall complete and submit to the Employer a written
report stating the name and address of each customer or prospective customer
called on by the Employee, the day when each call was made, the quantity and
description of all goods ordered by each customer, the nature of any complaints
made by any customer, suggestions made by any customer as to the
improvements that may be made in the goods and services provided by the
Employer, and any other information or data that may from time to time be
requested by the Employer.
2,03. Adherence to Rules. The Employee at all times during the
performance of this agreement shall strictly adhere to and obey all the rules and
regulations now in effect or as subsequently modified governing the conduct of
employees of the Employer.
, PLAINTIFF'S
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2.04. Satisfactory Performance of Duties. The employment of the
Employee shall continue only so long as the services rendered by the Employee
are satisfactory to the Employer, regardless of any other provision contained in
this Agreement. The Employer shall be the sole judge of whether the services of
the Employee are satisfactory.
ARTICLE 3. COMPENSATION OF EMPLOYEE.
3.01. Commissions. As compensation for the services rendered
under this Agreement, the Employee shall be entitled to a commission as set
forth on the attached schedule (which from time to time may be changed at the
sole discretion of the Employer) on the gross profit of all goods and merchandise
of the Employer sold to customers in Employee's assigned accounts, whether the
sales were procured through the efforts of the Employee, other Employees of the
Employer, or the Employer itself. "Gross profit" as used in this Paragraph shall
be defined as gross revenue less cost of sales less returns and allowances when
made. Commissions shall be deemed earned when payment for goods and
merchandise sold is received by the Employer from the respective customers,
and earned commissions shall be paid to the Employee in the pay period
immediately following month's end.
3.02. Drawing Account. The Employee shall be entitled to receive
in advance the sum of
Dollars ($ ) per week (prorated for any partial week
employed) on account of commissions to be earned by Employee under this
Agreement, and the amount so advanced shall be deducted from commissions
earned. In the event that, on termination of this Agreement, the amount
advanced exceeds the amount of commissions earned, the Employee may retain
the sum advanced and shall not be required to reimburse the Employer for any
amount by which advances exceed commissions earned.
ARTICLE 4. BUSINESS EXPENSES. It is recognized by the parties that
the Employee in connection with the services to be performed by Employee
pursuant to this Agreement will be obliged to expend monies for travel and
similar business expenses. Employer shall reimburse Employee for all
reasonable business expenses incurred in accordance with company policy.
Reimbursement payment will be made the first payroll after the conclusion of
each month and after the Emp.1oyee has submitted a required expense report.
Employer shall not be liable to the Employee for the repayment of any business
expenses incurred by the Employee to the extent that they are not reasonable or
not in compliance with company policy.
49028.1
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ARTICLE 5. PROPERTY RIGHTS OF THE PARTIES. The Employee
shall not for a period of one (1) year immediately following the termination of
Employee's employment with the Employer, for any reason whatsoever, either
directly or indirectly:
1. Make known to any person, firm, or corporation the names
and addresses of any of the customers or prospective customers of the
Employer or any other information pertaining to them; or
2. Call on, solicit, or take away, or attempt to call on, solicit, or
take away any of the customers of the Employer on whom the Employee
called or with whom the Employee became acquainted during Employee's
employment with the Employer, either for Employee or for any other
person, firm, or corporation.
5.01. Ownership of Customer Records. All records of the
accounts of customers, route books, and any other records and books relating in
any manner whatsoever to the customers of the Employer, whether prepared by
the Employee or otherwise coming into Employee's possession, shall be the
exclusive property of the Employer regardless of who actually purchased the
original book or record. All of these books and records shall be immediately
returned by the Employee to the Employer on any termination of the Employee's
employment. If the Employee purchases any original book or record, Employee
shall immediately notify the Employer, who shall then immediately reimburse
the Employee.
ARTICLE 6. TERMINATION OF EMPLOYMENT. This Agreement
shall terminate on the occurrence of anyone of the following events:
1. The death of the Employee.
2. Express termination by the Employer at any time after the
Employee fails to perform Employee's duties under this Agreement, for
whatever cause, for a continuous period of not more than thirty (30) days;
all obligations of the Employer under this Agreernent shall cease on any
such termination.
3. The willful breach of duty by the Employee, or the habitu<:li
neglect or continued incapacity on the part of the Employee to perform
Employee's duties, unless waived by the Employer.
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4, The willful or permanent breach of the obligations of the
Employer to the Employee under this Agreement, unless waived by the
Employee.
5. Two (2) weeks (fourteen (14) days) notification by either
party to the other of intent to terminate the Agreement for any reason
whatsoever.
6.01. Effect of Termination on Compensation. In the event of
termination of this Agreement, the Employee shall be entitled to the
compensation earned prior to the date of termination as provided in this
Agreement, computed pro rata up to and including that date. The Employee
shall be entitled to no further compensation.
6.02. Time Limit for Claiming Commissions After Date of
Termination. All claims of the Employee for commissions on sales, whether the
sales are made by the Employee or others, are waived by the Employee if not
made and collected as previously set forth in this Agreement within thirty (30)
days after the date of the termination of Employee's employment with the
Employer.
6.03. Attorneys Fees and Costs. If any action at law or in equity
is necessary to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, costs, and necessary
disbursements in addition to any other proper relief.
ARTICLE 7. GENERAL PROVISIONS.
7.01. Notices. Any notices to be given under this Agreement by
either party may be effected either by personal delivery in writing or in mail,
registered or certified, postage prepaid with return receipt requested. Mailed
notices shall be addressed to the parties at the addresses appearing in the
introductory paragraph of this Agreement, but each party may adopt a new
address by written notice in accordance with this Paragraph. Notices delivered
personally shall be deemed communicated as of actual receipt; mailed notices
shall be deemed communicated as of three (3) days after mailing.
7.02. Entire Agreement. This Agreement supersedes any and all
other agreements, whether oral or written, between the parties with respect to
the employment of the Employee by the Employer and contains all of the
covenants and agreements between the parties with respect to that employment.
49028.1
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7.03. Law Governing Agreement. This Agreement shall be
governed by and construed in accordance with the laws of the Commonwealth
of Pennsylvania.
ARTICLE 8. INJUNCTIVE RELIEF. Employee recognizes that the
restrictive covenants contained in this Agreement are essential to the protection
of the business interests and goals of the Employer, and that violation of the
restrictions will cause immediate harm to 'the Employer. Employee thus agrees
that, should Employee violate any of the restrictive covenants, Employer shall be
entitled to seek special, preliminary and permanent injunctive relief, as well as
any other rights or remedies to which Employer shall be entitled.
ATTEST:
PENNSYLVANIA OFFICE SERVICE
GROUP, INe.
~ 1Z1~ BY~/Y1dCLC/~
WITNESS:
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& YOHE, PC.
PLEASE REPLY TO,
WRITER'S E, MAIL
Harrisburg
gdavis@ldylaw.com
Kimber L. Larsha
Dougla$ C. Yohe**
Glenn R. Da\'i$
Ke,'in M. McKenna"""*
Jonathan M. Cri$!
Robert E. Sla,'kin
Da,.jj C. MarshaE
Barbara G. Graybill
Steven M. Monrresor*
Christine L. Sudlow"
AITORNEYS AT LAW
Also admitted *NJ
**NC. MD
***:;j, X
July 26, 2000
Ms. Jennifer Garrison
4022 Somerset Road
Dover, P A 17315
Re: Employment Agreernent/Pennsylvania Office Service Group
Our File No. 227-00
Dear Ms. Garrison:
This firm and the undersigned provide legal representation to Pennsylvania Office
Service Group. POSG has requested that we contact you to reaffirm its intentions to hold you
accountable to the terms and conditions of the Employment Agreement you entered into
with POSG dated August 5, 1999.
In the Agreement, Article 5, you obligated yourself for a period of one year after
termination of employment to neither directly nor indirectly disclose customers or
prospective customers of Pennsylvania Office Service Group or any other information
pertaining to them. In addition, you agreed not to call on, solicit or take away or attempt to
call on, solicit or take away, any customers of Pennsylvania Office Service Group with whom
you became acquainted during your employment with Pennsylvania Office Service Group.
We have learned that you are employed by Total Office Solutions and upon
information and belief, it is understood that you are soliciting customers in the same sales
area you worked for POSG in an atternpt to sell similar, if not identical, lines of products. It
is further understood that you have called upon prospective customers, which customer calls
would be prohibited by the above-referenced provision of your Agreement.
During your exit interview with President Till of POSG, you acknowledged the
restrictions of Article 5 of the Agreement. POSG committed a substantial financial
Post Office Box 825 . HaIT~burg. PA 17108-0825
4720 Old Gettysburg Road. Suire 101 . Mechanicsburg. PA 17055 . (717) 761-1880 . FAX (717) 761-7
7 Grear Valley Parkway, Suite 221 . Malvem, PA 19355 . (610) 251.6985 . FAX (610) 407-9265
3000 Atrium Wa\" Suite 251. Mr. Laurel, NJ 08054. (856) 231-5351. FAX (856) 231-5341
Maryland Telephone, (410) 727-2810
PLAINTIFF'S
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July 26, 2000
Page 2
investment in your training in certain product lines which we understand are also carried by
your current ernployer. This letter will serve to reaffirm POSG's resolve to hold you to the
terms and restrictions of the August 5 Agreement. Unless you immediately cease and desist
from your prohibited activity, POSG will be forced to pursue enforcement of its Agreement
by instigation of litigation.
Sincerely,
Ga.:~.QOO
Glenn R. Davis
Ihs
cc: Linda C. Till, President
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LINDA TILL
-.-..Original Message....-
From: Linda Till [mailto:Jtill@posgnet.com]
Sent: Friday, November 10,20004:28 PM
To: Jennifer Garrison (E-mail)
Subject:
Jennifer:
Please remember your commillment to me with your non-compete contract. We
have treated you well. Unforturnately you have let us down by your choice
to call on POSG accounts. I felt you had more integrity but have come to
realize a si~nificant disappointment in your character decisions.
Please remove yourself from State and Federal accounts, and Herbert, Rowland
and Grubic, Inc, I have worked with Robert Grubic since 1992,
Hold on to your commillments Jennifer.
Linda Till
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2 p"uJ,lePedPesk - 2 $310.07 $6z0J4
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eXHIBIT
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R6cgIVED: 11/ 3/00 12:23AM; ->LEAD AMSAM-LE-EE-P; #748; PAGE 2
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11/03/2000 00:19
7173081412
JENNIFER GARRISON
PAGE 01
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FAX-COVER SHEET
TI'AlIFFICESIl.TIUS
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FROM: Jennifer Garrison
PHONE: (717)3~8-1412
FAX TO: TonyMullins-(717)267-8833
PAGES: 2
w
Tony,
Attached hereto you wil1 the quote for your storage credenza. When you an: ready to
place the order just c.ItTCtml;"lt,at fgoo:"r4lt?".lMII ll,t1d ask for the GSA denl\l.'tment or
order entt}L, Or, if-you would 1ikeme to take care ont I can ta1ce your credit .ClI1'd nuniber
over me pilo"ne and, go from there-.
I am still waiting Cpr the instlil1 quotes.in ase yoo're interested ,in them. I shoald have
them no later than Monday.
I appreciate your business and if you should need anything just let me know!
Jen Garrison - Tqtal Office Solutions
PS - Be sure to matt Total OfficeSelutions as the dea1er.ofrecord,or the i')rder could go
to another vendor - ana-we den't want'that happening ((){ maybe just I don't want that
happening!! Keep smilingl
T<i<:I'"~~~~
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R~O~IVEO: 111 3100 12:24AM; ->LEAO AMSAM-LE-EE-P; #748; PAGE 3
./ '11/03/20130 00: 19
71 73081412
JENNIFER GARRISON
TOTAL OFFICE SOWTIONS
Lettelkeonv - Ton Mullins
Line # Product QTY List Sell
Deseriptien Pme Priee
KimbaH
1 Definition creden2ia. l $:24%.00 ' $-1()'3-5-.84
24"D x'1:t"W
*Ou,ieJ,::mm model
Beaded.rim. JU:ofiIe
Finish: Ambe:f C~
Cable ri,ll1t-1lhId"
PN: Q:pF2472CSF "
, TOTAL .$1~84
,
*GSA' . .58.5%
,
*Insu.llah<ll1. e'
*Mnst inatk Total
Office ~ionB.a,g
dealer ~-reoard when tF'
nlacitut1:be. O(de( . ~/)rJ
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,// 11/03/2000 00: 19
TO:
COVER PAGE
FAX: 17172678833
FROM:
FAX:
TEL:
COMMENT:
JENNIFER GARRISON
7173081412
7173081412
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
PENNSYLVANIA OFFICE SERVICE
GROUP,INC.
Plaintiff
v.
NO. C6 -1'.5'71 C()t{T~
JENNIFER GARRISON,
Defendant
CML ACTION - EQUITY
ORDER
AND NOW, this I q f{, , day of December, 2000, a hearing in the above-
captioned matter on Plaintiff's motion for the issuance of a preliminary injunction is
scheduled for 1:~.JL~- /5' ,200~,at f:3cJ 2.m.inCourt
Room No. I ' Cumberland County Court House, High and Hanover
Streets, Carlisle, Pennsylvania.
BY THE COURT:
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PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
PENNSYLVANIA OFFICE SERVICE
GROUP, INe.
Plaintiff
v.
NO. 00- H7'-/ ~ 7o'-'~,\
JENNIFER GARRISON,
Defendant
CIVIL ACTION - EQUITY
PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION
AND NOW, COMES, Plaintiff, Pennsylvania Office Service Group, Inc., pursuant
to the provisions of Pa. R.e.P. S 1531, and makes the following motion for preliminary
injunction, stating in support thereof as follows:
1. On December 12, 2000, Plaintiff, Pennsylvania Office Service Group, Inc.
("POSG") filed its Complaint against Defendant, Jennifer Garrison ("Garrison"). A true
and correct copy is attached hereto as Exhibit" A."
2. The Complaint sets forth claims against Garrison relating, inter alia, to
breaches of restrictive covenants set forth in an Employment Agreement
("Agreement"). See Complaint, Exhibit" A."
3. The very nature of the breaches of the restrictive covenants, e.g.,
Garrison's use of confidential information learned during the course of her employment
with regard to POSG's clients and potential clients, as well as the solicitation of current
and potential clients of POSG, presents issues of immediate and irreparable harm to
POSG.
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4. The requested injunction would restore the parties to the status quo as it
existed immediately prior to Garrison's breach of the parties' Agreement.
5. Greater injury would result from the denial of the requested injunction
than from the granting of the same.
6. POSG's right to relief is clear.
'7. POSG lacks an adequate remedy at law.
WHEREFORE, Plaintiff, Pennsylvania Office Service Group, Inc., respectfully
requests that this Honorable Court schedule an immediate hearing on its request for
injunctive relief, and thereafter issue a Decree ordering specific performance of the
Employment Agreement by and between Pennsylvania Office Service Group, Inc., and
Defendant, Jennifer Garrison, preliminarily enjoining Defendant from disclosing
confidential information relating to Plaintiff's current and potential customers and
soliciting the same.
Respectfully submitted,
LATSHA DAVIS & YOHE, P.c.
Dated: ~. \'2. 2.C:CO
\
By ~..:]..~
Glenn R. Davis
Attorney I.D. No. 31040
Chadwick O. Bogar
Attorney I.D. No. 83755
P. O. Box 825
Harrisburg, P A 17108-0825
(717) 761-1880
Attorneys for Plaintiff, Pennsylvania
Office Service Group, Inc.
61895
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
PENNSYL VANIA OFFICE SERVICE
GROUP, INC.,
Plaintiff
v.
NO.
JENNIFER GARRISON,
Defendant
CIVIL ACTION. EQUITY
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed
without you and a judgment may be entered against you by the court without further
notice for any money claimed in the 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, P A 17013
717) 249-3166
(800) 990-9108
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
PENNSYL VANIA OFFICE SERVICE
GROUP, INC.,
Plaintiff,
v.
NO.
JENNIFER GARRISON,
Defendant
CIVIL ACTION - EQUITY
COMPLAINT
AND NOW, COMES, Plaintiff, Pennsylvania Office Service Group, Inc., by and
through its attorneys, Latsha Davis & Yohe, P.c., and makes the following complaint
against Defendant, Jennifer Garrison, and in support thereof avers as follows:
PARTIES
1. Plaintiff, Pennsylvania Office Service Group, Inc. ("POSG"), is a
Pennsylvania Corporation with its principal place of business located at 309 South
Tenth Street, Lemoyne, Cumberland County, Pennsylvania.
2. Defendant, Jennifer Garrison ("Garrison"), is an adult individual currently
residing at 4022 Somerset Road, Dover, York County, Pennsylvania 17315.
BACKGROUND
3. POSG is a company which designs office space, installs, markets, sells and
distributes commercial ergonomic office furniture and supplies to both public and
private consumers located throughout Pennsylvania.
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4. POSG has spent many years and invested a substantial amount of money
in marketing to build a positive relationship with referral sources of potential clients
and existing clients in Pennsylvania.
5. Garrison is a former employee of POSG,
6. Garrison entered into an Employment Agreement ("Agreement") on
August 5,1999, before she had performed any sales services on POSG's behalf. A true
and correct copy of the Agreement is attached hereto as Exhibit" A"
7, Garrison was paid $500 by POSG if she would execute the Agreement.
8. The Agreement specified the material terms of Garrison's employment
relationship with POSG.
9, The Agreement specifically provides that "[t]he Employee shall not for a
period of one (1) year immediately following the termination of Employee's
employment with Employer for any reason whatsoever, either directly or indirectly,"
(1) disclose customers or prospective customers of POSG or any other information
pertaining to such individuals to others; or (2) solicit or take away, or attempt to call on,
solicit, or take away any customers of POSG with whom Garrison became acquainted
during her employment with POSG. See Exhibit" A," Article 5.
10. During her employment by POSG, Garrison received special training in
the operation of POSG's business as well as specific training from manufacturers of
products which were sold by POSG.
61883,1
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11. During her employment with POSG, Garrison was assigned existing
customer accounts to Garrison as well as new account contacts by POSG.
12. Upon information and belief, Garrison is employed by Total Office
Solutions, which offers for sale services and products that are in direct competition with
those services and products offered by POSG, and which competes for clients located in
Pennsylvania.
13. Upon information and belief, Garrison now offers for sale on behalf of
Total Office Solutions identical products which are and were offered for sale by POSG.
14. While employed by POSG, Garrison received private, confidential
information from POSG regarding marketing and promotional techniques, client lists
and sources for referrals, and detailed procedures pertaining to POSG and its
operations, among other things; this information was and is valuable, transferable, and
applicable to any competitor in the marketing and distribution of commercial office
furniture and supplies.
15. POSG has invested thousands of dollars in development and maintenance
of this confidential information.
16. Upon information and belief, since voluntarily leaving POSG on or about
June 21, 2000, Garrison has solicited or attempted to solicit numerous customers of
POSG, including, but not limited to, the Commonwealth of Pennsylvania, Herbert,
Rowland & Grubic, Inc., Letterkenny Army Depot, and New Cumberland Army Depot.
61883,1
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17. Garrison became acquainted with the Commonwealth of Pennsylvania,
Herbert, Rowland & Grubic, Inc., Letterkenny Army Depot, and New Cumberland
Army Depot as a result of her employment with POSG.
18. Upon information and belief, Garrison has provided her current employer
with the names and addresses of the aforementioned clients of POSG for the purpose of
calling on and soliciting them.
19. Pursuant to Section 6.03 of the Agreement, POSG is entitled to reasonable
attorney's fees, costs, and necessary disbursements, in addition to any other proper
relief as a result of Garrison's breach of covenant as set forth therein. See Exhibit U A.U
COUNT I
BREACH OF CONTRACT/SPECIFIC PERFORMANCE
20. The allegations contained in Paragraphs 1 through 19 are incorporated
herein by reference as if fully set forth herein.
21. Garrison has breached her Agreement with POSG by:
(a) using for her own benefit and that of POSG's competition, information
obtained from POSG regarding its current and potential clients, sources of
business, and operations and procedures; and
(b) soliciting or attempting to call on, solicit or take away customers of
POSG whom Garrison called on or with whom she became acquainted during
her employment with POSG.
61883,1
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22. Garrison's breach of the Agreement with POSG has irreparably harmed
and continues to cause irreparable harm to POSG.
23. Only a decree of specific performance will adequately protect the interests
of POSG and provide it with the benefits in which it is entitled under the Agreement
attached hereto as Exhibit" A."
WHEREFORE, Plaintiff, Pennsylvania Office Service Group, Inc., seeks a decree
of this Honorable Court which (1) orders specific performance of the Agreement
between the parties; (2) prohibits Defendant, Garrison, for a period of one year from
either directly or indirectly disclosing to others the names and addresses of current and
prospective customers' of Plaintiff, Pennsylvania Office Service Group, Inc., or any
other information pertaining to it; (3) prohibits Defendant, Garrison, for a period of one
year from soliciting or attempting to solicit any current or prospective customers of
Plaintiff, Pennsylvania Office Service Group, Inc., with whom Garrison became
acquainted during her employment with Plaintiff; and (5) such other relief as this Court
shall find appropriate including, but not limited to, attorney's fees and costs pursuant
to Section 6.03 of the Agreement. See Exhibit" A," Section 6.03.
COUNT II
DECLARATORY JUDGMENT
24. The allegations contained in Paragraphs 1 through 23 are incorporated by
reference as if fully set forth herein.
61883.1
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25. There is a pending controversy between all parties of this action regarding
the applicability and enforceability of the Agreement, specifically, the non-solicitation
and confidentiality covenants contained therein.
26. A judicial declaration regarding the applicability and the enforceability of
the Agreement's provisions at issue will resolve this controversy.
27. This Court has the authority to declare the rights and obligations of the
parties pursuant to the Declaratory Judgments Act, 42Pa.e.S. 9 7531, et seq.
WHEREFORE, Plaintiff, Pennsylvania Office Service Group, Inc., respectfully
requests a declaration of rights and obligations of the parties pursuant to the
Declaratory Judgments Act, together with costs of this action pursuant to Section 6.03 of
the Agreement and such other relief as this Court deems appropriate under the
circumstances. See Exhibit" A," Section 6.03.
Respectfully submitted,
LATSHA DAVIS & YOHE, P.e.
Dated: ~ I~. ~
.
By
~~
Glenn R. Davis
Attorney I.D. No. 31040
Chadwick O. Bogar
Attorney I.D. No. 83755
P. O. Box 825
Harrisburg, P A 17108-0825
(717) 761-1880
Attorneys for Plaintiff, Pennsylvania
Office Service Group, Inc.
61883,1
6
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FROM : POSG
FRX NO. : (177635652
Noy. 272000 03:16PM PS
FROM 'I..RTSHR ORVIS 8. YOHE"'.C:.
, ,
(717) 761-2286
1S0~,11-22, .161,36 #Gi'l6 p.08/ee
VERIFICA TIQN
The undersigned hereby verifip.s that the statements of filet in the foregOing
Compu.il1t are true and COl'1'ect to the best of my knowledge, information and belief. I
understand that any fl!llst sta.tements therein ilre llubject to the penalties contained in 18
Pa. C. S. ~ 4904, relating tb UflSWtlID fllll;i!iclltion to iluthodriell.
Dated;
1/- ;),7-00
~~ C.'TA
. da C. Till, President
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EXHIBIT A
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EMPLOYMENT AGREEMENT
111 L
THIS AGREEMENT made this 5 day of lltf?;f iST ,1999,
between Pennsylvania Office Service Group, Inc. (the "Emp oyer") having a
principal place of business at 309 South Tenth Street, Lemoyne, Pennsylvania
17043, and d€X1Y1 iter tSo.l'"n'So 1'\ (the "Employee")
residing at /O<)() K"ell)l Drive, YOrk. p;t J7ifO'f .
ARTICLE 1. TERM OF EMPLOYMENT. The Employer employees the
Employee and the Employee accepts employment with the Employer beginning
on the above-referenced date, subject, however, to termination of this Agreement
as provided below.
ARTICLE 2. DUTIES OF EMPLOYEE. The Employee is employed as a
salesperson to sell the goods and merchandise of the Employer. The Employee
agrees to devote all business time, attention, and energy to Employee's duties as
a salesperson, subject to the direction and control of the Employer, and shall to
the best of Employee's ability make every effort to sell the goods and
merchandise of the Employer in the assigned territory. The Employee shall assist
in the collection of all sums due from persons to whom the goods and
merchandise of the Employer are sold and in the adjustment of any complaints
or disputes that may arise in connection with any sales made by the Employee.
2.01. Assignment of Territory. The Employer reserves the right
to assign any sales territory to the Employee including specific accounts. This
assignment may be changed from time to time at the sole discretion of the
Employer.
2.02. Written Rel'orts bv Emplovee. On the last working day of
each month, the Employee shall complete and submit to the Employer a written
report stating the name and address of each customer or prospective customer
called on by the Employee, the day when each call was made, the quantity and
description of all goods ordered by each customer, the nature of any complaints
made by any customer, suggestions made by any customer as to the
improvements that may be made in the goods and services provided by the
Employer, and any other information or data that may from time to time be
requested by the Employer.
2.03. Adherence to Rules. The Employee at all times during the
performance of this agreement shall strictly adhere to and obey all the rules and
regulations now in effect or as subsequently modified governing the conduct of
employees of the Employer.
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2.04. Satisfactorv Performance of Duties. The employment of the
Employee shall continue only so long as the services rendered by the Employee
, are satisfactory to the Employer, regardless of any other provision contained in
this Agreement. The Employer shall be the sole judge of whether the services of
the Employee are satisfactory.
ARTICLE 3. COMPENSATION OF EMPLOYEE.
3.01. Commissions. As compensation for the services rendered
under this Agreement, the Employee shall be entitled to a commission as set
forth on the attached schedule (which from time to time may be changed at the
sole discretion of the Employer) on the gross profit of all goods and merchandise
of the Employer sold to customers in Employee's assigned accounts, whether the
sales were procured through the efforts of the Employee, other Employees of the
Employer, or the Employer itself. "Gross profit" as used in this Paragraph shall
be defined as gross revenue less cost of sales less returns and allowances when
made. Commissions shall be deemed earned when payment for goods and
merchandise sold is received by the Employer from the respective customers,
and earned commissions shall be paid to the Employee in the pay period
immediately following month's end.
3.02. Drawing Account. The Employee shaH be entitled to receive
in advance the sum of
Dollars ($ ) per week (prorated for any partial week
employed) on account of commissions to be earned by Employee under this
Agreement, and the amount so advanced shall be deducted from commissions
earned. In the event that, on termination of this Agreement, the amount
advanced exceeds the amount of commissions earned, the Employee may retain
the sum advanced and shall not be required to reimburse the Employer for any
amount by which advances exceed commissions earned.
ARTICLE 4. BUSINESS EXPENSES. It is recognized by the parties that
the Employee in connection with the services to be performed by Employee
pursuant to this Agreement will be obliged to expend monies for travel and
similar business expenses. Employer shall reimburse Employee for all
reasonable business expenses incurred in accordance with company policy.
Reimbursement payment will be made the first payroll after the conclusion of
each month and after the Employee has submitted a required expense report.
Employer shall not be liable to the Employee for the repayment of any business
expenses incurred by the Employee to the extent that they are not reasonable or
not in compliance with company policy.
49028.1
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ARTICLE 5. PROPERTY RIGHTS OF THE PARTIES. The Employee
shall not for a period of one (1) year immediately following the termination of
Employee's employment with the Employer, for any reason whatsoever, either
directly or indirectly:
1. Make known to any person, firm, or corporation the names
and addresses of any of the customers or prospective customers of the
Employer or any other information pertaining to them; or
2. Call on, solicit, or take away, or attempt to call on, solicit, or
take away any of the customers of the Employer on whom the Employee
called or with whom the Employee became acquainted during Employee's
employment with the Employer, either for Employee or for any other
person, firm, or corporation.
5.01. Ownership of Custorner Records. All records of the
accounts of customers, route books, and any other records and books relating in
any manner whatsoever to the customers of the Employer, whether prepared by
the Employee or otherwise coming into Employee's possession, shall be the
exclusive property of the Employer regardless of who actually purchased the
original book or record. All of these books and records shall be immediately
returned by the Employee to the Employer on any termination of the Employee's
employment. If the Employee purchases any original book or record, Employee
shall immediately notify the Employer, who shall then immediately reimburse
the Employee.
ARTICLE 6. TERMINATION OF EMPLOYMENT. This Agreement
shall terminate on the occurrence of anyone of the following events:
1. The death of the Employee.
2. Express termination by the Employer at any time after the
Employee fails to perform Employee's duties under this Agreement, for
whatever cause, for a continuous period of not more than thirty (30) days;
all obligations of the Employer under this Agreement shall cease on any
such termination.
3. The wi)lful breach of duty by the Employee, or the habitu<,ll
neglect or continued incapacity on the part of the Employee to perform
Employee's duties, unless waived by the Employer.
49028.1
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4. The willful or permanent breach of the obligations of the
Employer to the Employee under this Agreement, unless waived by the
Employee.
5. Two (2) weeks (fourteen (14) days) notification by either
party to the other of intent to terminate the Agreement for any reason
whatsoever.
6.01. Effect of Termination on Compensation. In the event of
termination of this Agreement, the Employee shall be entitled to the
compensation earned prior to the date of termination as provided in this
Agreement, computed pro rata up to and including that date. The Employee
shall be entitled to no further compensation.
6.02. Time Limit for Clairning Commissions After Date of
Termination. All claims of the Employee for commissions on sales, whether the
sales are made by the Employee or others, are waived by the Employee if not
made and collected as previously set forth in this Agreement within thirty (30)
days after the date of the termination of Employee's employment with the
Employer.
6.03. Attorney's Fees and Costs. If any action at law or in equity
is necessary to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, costs, and necessary
disbursements in addition to any other proper relief.
ARTICLE 7. GENERAL PROVISIONS.
7.01. Notices. Any notices to be given under this Agreement by
either party may be effected either by personal delivery in writing or in mail,
registered or certified, postage prepaid with return receipt requested. Mailed
notices shall be addressed to the parties at the addresses appearing in the
introductory paragraph of this Agreement, but each party may adopt a new
address ,by written notice in accordance with this Paragraph. Notices delivered
personally shall be deemed communicated as of actual receipt; mailed notices
shall be deemed communicated as of three (3) days after mailing.
7.02. Entire Agreement. This Agreement supersedes any ~d all
other agreements, whether oral or written, between the parties with respect to
the employment of the Employee by the Employer and contains all of the
covenants and agreements between the parties with respect to that employment.
'49028.1
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7.03. Law Governing Agreement. TIlls Agreement shall be
governed by and construed in accordance with the laws of the Commonwealth
of Pennsylvania.
ARTICLE 8. INJUNCTIVE RELIEF. Employee recognizes that the
restrictive covenants contained in this Agreernent are essential to the protection
of the business interests and goals of the Employer, and that violation of the
restrictions will cause immediate harm to the Employer. Employee thus agrees
that, should Employee violate any of the restrictive covenants, Employer shall be
entitled to seek special, preliminary and permanent injunctive relief, as well as
any other rights or remedies to which Employer shall be entitled.
ATTEST:
PENNSYLVANIA OFFICE SERVICE
GROUP, INe.
~ A1d~ By d~dCL- C I~
WITNESS:
49028.1
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Plaintiff's Motion for Summary Junction was served by first-class United
States mail, postage prepaid, upon the following:
Dated: 'ik. . \2. 2~
I
Jennifer Garrison
4022 Somerset Road
Dover, P A 17315
Ch..~knin
Glenn R. Davis
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
PENNSYL VANIA OFFICE SERVICE
GROUP, INC.,
Plaintiff
v.
NO. 00 - g5'7l.( ~1a'}-1
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JENNIFER GARRISON,
Defendant
CIVIL ACTION - EQUITY
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed
without you and a judgment may be entered against you by the court without further
notice for any money claimed in the 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, P A 17013
717) 249,-3166
(800) 990-9108
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICE
GROUP, INC.,
Plaintiff,
v.
NO. {TO - f::> 1'-/ E'r.L/fy ~('~
JENNIFER GARRISON,
Defendant
CIVIL ACTION - EQUITY
COMPLAINT
AND NOW, COMES, Plaintiff, Pennsylvania Office Service Group, Inc., by and
through its attorneys, Latsha Davis & Yohe, P.c., and makes the following complaint
against Defendant, Jennifer Garrison, and in support thereof avers as follows:
PARTIES
1. Plaintiff, Pennsylvania Office Service Group, Inc. ("POSG"), is a
Pennsylvania Corporation with its principal place of business located at 309 South
Tenth Street, Lemoyne, Cumberland County, Pennsylvania.
2. Defendant, Jennifer Garrison ("Garrison"), is an adult individual currently
residing at 4022 Somerset Road, Dover, York County, Pennsylvania 17315.
BACKGROUND
3. POSG is a company which designs office space, installs, markets, sells and
distributes commercial ergonomic office furniture and supplies to both public and
private consumers located throughout Pennsylvania.
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4. POSG has spent many years and invested a substantial amount of money
in marketing to build a positive relationship with referral sources of potential clients
and existing clients in Pennsylvania.
5. Garrison is a former employee of POSG.
6. Garrison entered into an Employment Agreement ("Agreement") on
August 5, 1999, before she had performed any sales services on POSG's behalf. A true
and correct copy of the Agreement is attached hereto as Exhibit" A."
7. Garrison was paid $500 by POSG if she would execute the Agreement.
8. The Agreement specified the material terms of Garrison's employment
relationship with POSG.
9. The Agreement specifically provides that "[t]he Employee shall not for a
period of one (1) year immediately following the termination of Employee's
employment with Employer for any reason whatsoever, either directly or indirectly,"
(1) disclose customers or prospective customers of POSG or any other information
pertaining to such individuals to others; or (2) solicit or take away, or attempt to call on,
solicit, or take away any customers of POSG with whom Garrison became acquainted
during her employment with POSG. See Exhibit" A," Article 5.
10. During her employment by POSG, Garrison received special training in
the operation of POSG's business as well as specific training from manufacturers of
products which were sold by POSG.
61883,1
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11. During her employment with POSG, Garrison was assigned existing
customer accounts to Garrison as well as new account contacts by POSG.
12. Upon information and belief, Garrison is employed by Total Office
Solutions, which offers for sale services and products that are in direct competition with
those services and products offered by POSG, and which competes for clients located in
Pennsylvania.
13. Upon information and belief, Garrison now offers for sale on behalf of
Total Office Solutions identical products which are and were offered for sale by POSG.
14. While employed by POSG, Garrison received private, confidential
information from POSG regarding marketing and promotional techniques, client lists
and sources for referrals, and detailed procedures pertaining to POSG and its
operations, among other things; this information was and is valuable, transferable, and
applicable to any competitor in the marketing and distribution of commercial office
furniture and supplies.
15. POSG has invested thousands of dollars in development and maintenance
of this confidential information.
16. Upon information and belief, since voluntarily leaving POSG on or about
June 21, 2000, Garrison has solicited or attempted to solicit numerous customers of
POSG, including, but not limited to, the Commonwealth of Pennsylvania, Herbert,
Rowland & Grubic, Inc., Letterkenny Army Depot, and New Cumberland Army Depot.
61883,1
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17. Garrison became acquainted with the Commonwealth of Pennsylvania,
Herbert, Rowland & Grubic, Inc., Letterkenny Army Depot, and New Cumberland
Army Depot as a result of her employment with POSG.
18. Upon information and belief, Garrison has provided her current employer
with the names and addresses of the aforementioned clients of POSG for the purpose of
calling on and soliciting them.
19. Pursuant to Section 6.03 of the Agreement, POSG is entitled to reasonable
attorney's fees, costs, and necessary disbursements, in addition to any other proper
relief as a result of Garrison's breach of covenant as set forth therein. See Exhibit" A"
COUNT I
BREACH OF CONTRACT/SPECIFIC PERFORMANCE
20. The allegations contained in Paragraphs 1 through 19 are incorporated
herein by reference as if fully set forth herein.
21. Garrison has breached her Agreement with POSG by:
(a) using for her own benefit and that of POSG's competition, information
obtained from POSG regarding its current and potential clients, sources of
business, and operations and procedures; and
(b) soliciting or attempting to ,call on, solicit or take away customers of
POSG whom Garrison called on or with whom she became acquainted during
her employment with POSG.
61883.1
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22. Garrison's breach of the Agreement with POSG has irreparably harmed
and continues to cause irreparable harm to POSG.
23. Only a decree of specific performance will adequately protect the interests
of POSG and provide it with the benefits in which it is entitled under the Agreement
attached hereto as Exhibit "A"
WHEREFORE, Plaintiff, Pennsylvania Office Service Group, Inc., seeks a decree
of this Honorable Court which (1) orders specific performance of the Agreement
between the parties; (2) prohibits Defendant, Garrison, for a period of one year from
either directly or indirectly disclosing to others the names and addresses of current and
prospective customers' of Plaintiff, Pennsylvania Office Service Group, Inc., or any
other information pertaining to it; (3) prohibits Defendant, Garrison, for a period of one
year from soliciting or attempting to solicit any current or prospective customers of
Plaintiff, Pennsylvania Office Service Group, Inc., with whom Garrison became
acquainted during her employment with Plaintiff; and (5) such other relief as this Court
shall find appropriate including, but not limited to, attorney's fees and costs pursuant
to Section 6.03 of the Agreement. See Exhibit "A," Section 6.03.
COUNT II
DECLARATORY JUDGMENT
24. The allegations contained in Paragraphs 1 through 23 are incorporated by
reference as if fully set forth herein.
61883,1
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25. There is a pending controversy between all parties of this action regarding
the applicability and enforceability of the Agreement, specifically, the non-solicitation
and confidentiality covenants contained therein.
26. A judicial declaration regarding the applicability and the enforceability of
the Agreement's provisions at issue will resolve this controversy.
27. This Court has the authority to declare the rights and obligations of the
parties pursuant to the Declaratory Judgments Act, 42 Pa.e.S. 9 7531, et seq.
WHEREFORE, Plaintiff, Pennsylvania Office Service Group, Inc., respectfully
requests a declaration of rights and obligations of the parties pursuant to the
Declaratory Judgments Act, together with costs of this action pursuant to Section 6.03 of
the Agreement and such other relief as this Court deems appropriate under the
circumstances. See Exhibit" A," Section 6.03.
Respectfully submitted,
LATSHA DAVIS & YOHE, P.e.
Dated: -::Jy,., I~,~
.
By
~\\h)o
Glenn R. Davis
Attorney I.D. No. 31040
Chadwick O. Bogar
Attorney I.D. No. 83755
P. O. Box 825
Harrisburg, P A 17108-0825
(717) 761-1880
Attorneys for Plaintiff, Pennsylvania
Office Service Group, Inc.
61883,1
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FROM.: POSG
FRX NO. : 7177635652
Nov. 272000 03:16PM P5
FROM ILRT5HR CRVIS ~ YOH~.P.C.
C717) 761-2286
15211Z1~ 11'~22
16'36 1606 P.08/08
VERIFICATION
The undersigned hereby verifies that the stateuUlnts of fact in the foregoing
C~llI\pl.a.il1t are true and. cOl'1'eet to the best of my knowledge, information iUld belief. I
understand that my f!!llst sta.teIMnts therein are liubject to the penalties contained in IS
Pa. C. S. ~ 4904, relating to unswom falsification to authorilie5.
Pated:
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EMPLOYMENT AGREEMENT
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THIS AGREEMENT made this 5 day of -1l{)~1 .oJ ,1999,
between Pennsylvania Office Service Group, Inc. (the "Emp oyer") having a
principal place of business at 309 South Tenth Street, Lemoyne, Pennsylvania
17043, and d€Xlfl ite.i'" Go YT \'50 VI (the "Employee")
residing at 10')0 J(elly Drill-€-, YOrk: P.4 l7if<Jcf
ARTICLE 1. TERM OF EMPLOYMENT. The Employer employees the
Employee and the Employee accepts employment with the Employer beginning
on the above-referenced date, subject, however, to termination of this Agreement
, as provided below.
ARTICLE 2. DUTIES OF EMPLOYEE. The Employee is employed as a
salesperson to sell the goods and merchandise of the Employer. The Employee
agrees to devote all business time, attention, and energy to Employee's duties as
a salesperson, subject to the direction and control of the Employer, and shall to '
the best of Employee's ability make every effort to sell the goods and
merchandise of the Employer in the assigned territory. The Employee shall assist
in the collection of all sums due from persons to whom the goods and
merchandise of the Employer are sold and in the adjustment of any complaints
or disputes that may arise in connection with any sales made by the Employee.
2.01. Assignment of Territorv. The Employer reserves the right
to assign any sales territory to the Employee including specific accormts. This
assignment may be changed from time to time at the sole discretion of the
Employer. '
2.02. Written Reports bv Em~lovee. On the last working day of
, each month, the Employee shall complete and submit to the Employer a written
report stating the name and address of each customer or prospective customer
called on by the Employee, the day when each call was made, the quantity and
description of all goods ordered by each customer, the nature of any complaints
made by any customer, suggestions made by any customer as to the
improvements that may be made in the goods and services provided by the
Employer, and any other information or data that may from time to time be
requested by the Employer.
2.03. Adherence to Rules. The Employee at all times during the
performance of this agreement shall strictly adhere to and obey all the rules and
regulations now in effect or as subsequently modified governing the conduct of
employees of the Employer.
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2.04. Satisfactory Performance of Duties. The employment of the
Employee shall continue only so long as the services rendered by the Employee
. are satisfactory to the Employer, regardless of any other provision contained in
this Agreement. The Employer shall be the sole judge of whether the services of
the Employee are satisfactory.
ARTICLE 3. COMPENSATION OF EMPLOYEE.
3.01. Commissions. As compensation for the services rendered
under this Agreement, the Employee shall be entitled to a commission as set
forth on the attached schedule (which from time to time may be changed at the
sole discretion of the Employer) on the gross profit of all goods and merchandise
of the Employer sold to customers in Employee's assigned accounts, whether the
sales were procured through the efforts of the Employee, other Employees of the
Employer, or the Employer itself. "Gross profit" as used in this Paragraph shall
be defined as gross revenue less cost of sales less returns and allowances when
made. Commissions shall be deemed earned when payment for goods and
merchandise sold is received by the Employer from the respective customers,
and earned commissions shall be paid to the Employee in the pay period
immediately following month's end.
3.02. Drawing Account. The Employee shall be entitled to receive
in advance the sum of
Dollars ($ ) per week (prorated for any partial week
employed) on account of commissions to be earned by Employee under this
Agreement, and the amount so advanced shall be deducted from commissions
earned. In the event that, on termination of this Agreement, the amount
advanced exceeds the amount of commissions earned, the Employee may retain
the sum advanced md shall not be required to reimburse the Employer for any
amount by which advances exceed commissions earned.
ARTICLE 4. BUSINESS EXPENSES. It is recognized by the parties that
the Employee in connection with the services to be performed by Employee
pursuant to this Agreement will be obliged to expend monies for travel and
similar business expenses. Employer shall reimburse Employee for all
reasonable business expenses incurred in accordance with company policy.
Reimbursement payment will be made the first payroll after the conclusion of
each month and after the Employee has submitted a required expense report.
Employer shall not be liable to the Employee for the repayment of any business
expenses incurred by the Employee to the extent that they are not reasonable or
not in compliance with company policy.
49028.1
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ARTICLE 5. PROPERTY RIGHTS OF THE PARTIES. The Employee
shall not for a period of one (1) year immediately following the termination of
Employee's employment with the Employer, for any reason whatsoever, either
directly or indirectly:
1. Make known to any person, firm, or corporation the names
and addresses of any of the customers or prospective customers of the
Employer or any other information pertaining to them; or
2. Call on, solicit, or take away, or attempt to call on, solicit, or
take away any of the customers of the Employer on whom the Employee
called or with whom the Employee became acquainted during Employee's
employment with the Employer, either for Employee or for any other
person, firm, or corporation.
5.01. Ownership of Custorner Records. All records of the
accounts of customers, route books, and any other records and books relating in
any manner whatsoever to the customers of the Employer, whether prepared by
the Employee or otherwise coming into Employee's possession, shall be the
exclusive property of the Employer regardless of who actually purchased the
original book or record. All of these books and records shall be immediately
returned by the Employee to the Employer on any termination of the Employee's
employment. If the Employee purchases any original book or record, Employee
shall immediately notify the Employer, who shall then immediately reimburse
the Ernployee.
ARTICLE 6. TERMINATION OF EMPLOYMENT. This Agreement
shall terminate on the occurrence of any on.e of the following events:
1. The death of the Employee.
2. Express termination by the Employer at any time after the
Employee fails to perform Employee's duties under this Agreement, for
whatever cause, for a continuous period of not more than thirty (30) days;
all obligations of the Employer under this Agreement shall cease on any
such termination.
3. The willful breach of duty by the Employee, or the habitu;il
neglect or continued incapacity on the part of the Employee to perform
Employee's duties, unless waived by the Employer.
49028.1
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4. The willful or permanent breach of the obligations of the
Employer to the Employee under this Agreement, unless waived by the
Employee.
5. Two (2) weeks (fourteen (14) days) notification by either
party to the other of intent to terminate the Agreement for any reason
whatsoever.
6.01. Effect of Termination on Compensation. In the event of
termination of this Agreement, the Employee shall be entitled to the
compensation earned prior to the date of termination as provided in this
Agreement, computed pro rata up to and including that date. The Employee
shaIl be entitled to no further compensation.
6.02. Time Limit for Claiming Commissions After Date of
Termination. All claims of the Employee for commissions on sales, whether the
sales are made by the Employee or others, are waived by the Employee if not
made and coIlected as previously set forth in this Agreement within thirty (30)
days after the date of the termination of Employee's employment with the
Employer.
6.03. Attorneys Fees and Costs. If any action at law or in equity
is necessary to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, costs, and necessary
disbursements in addition to any other proper relief.
ARTICLE 7. GENERAL PROVISIONS.
7.01. Notices. Any notices to be given under this Agreement by
either party may be effected either by personal delivery in writing or in mail,
registered or certified, postage prepaid with return receipt requested. Mailed
notices shall be addressed to the parties at the addresses appearing in the
introductory paragraph of this Agreement, but each party may adopt a new
address by written notice in accordance with this Paragraph. Notices delivered
personally shall be deemed communicated as of actual receipt; mailed notices
shaIl be deemed conununicated as of three (3) days after mailing.
7.02. Entire Agreement. This Agreement supersedes any and all
other agreements, whether oral or written, between the parties with respect to
the employment of the Employee by the Employer and contains all of the
covenants and agreements between the parties with respect to that employment.
49028.1
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7.03. Law Governing Agreement. This Agreement shall be
governed by and construed in accordance with the laws of the Commonwealth
of Pennsylvania.
ARTICLE 8. INJUNCTIVE RELIEF. Employee recognizes that the
restrictive covenants contained in this Agreement are essential to the protection
of the business interests and goals of the Employer, and that violation of the
restrictions will cause immediate harm to the Employer. Employee thus agrees
that, should Employee violate any of the restrictive covenants, Employer shall be
entitled to seek special, preliminary and permanent injunctive relief, as well as
any other rights or remedies to which Employer shall be entitled.
ATTEST:
PENNSYL VANIA OFFICE SERVICE
GROUP, INe.
WITNESS:
49028,1
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SHERIFF'S RETURN - OUT OF COUNTY
· CASE NO: 2000-08574 P ~.
COMMONWEALTH OF PENNSYLVANIA: -~
COUNTY OF CUMBERLAND
PENNSYLVANIA OFFICE SERV ET AL
VS
GARRISON JENNIFER
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
GARRISON JENNIFER
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within COMPLAINT - EQUITY
On December 29th, 2000 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. York County
18.00
9.00
10.00
26.50
.00
63.50
12/29/2000
LATSHA, DAVIS
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R. Thomas Kline{
Sheriff of Cumberland County
& YOHE
Sworn and subscribed to before me
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A.D.
this ~Mt
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COUNTY OF YORK
OFFIC,E OF THE SHERIFF
SERVICE CALL
(717) 771-9601
26 EAST MARKET ST., YORK, PA 17401
,
E LEVIED, ATTACHED, OR SOLD,
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
" PLAINTIFFISI
3, DEFENDANTISI
Jennifer Garrison
5. NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC, TO SERVE OR DESCRIPTION OF PRO
Jennifer Garrison
S,,:VE {
...,. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO.. CIl^( BORO, TWP, STATE AND ZIP CODE
AT 40')2 Somerset Rd, Dover, PA 17'n~
7, INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE EPUTIZE 0 1ST CLASS MAIL
NOW 1 ? /1 , / n n " 20 _ I, SHERIFF O?~JIPI"A., do here
Vork COUNTYtoe ",~k,
to law, This deputation being made at the request and risk of the plaintiff,;, ",".." , "
SHERIF OFXOOCJ(OUNTY
Cumberl'flnd
8. SPECIAL INSTRUCtiONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: -.-
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tize the sheriff of
. f according
OUT OF COUNTY
CUMBERLAND
ADVANCED .fEE PAID BY ,SHERIFF
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NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of'levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriff's sale thereof.
9, TYPE NAME AND ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10, TELEPHONE NUMBER' 11. DATE FILED
ATSHA, DAVIS & YOHE, PC PO BOX 825 HARRISBURG, PA 17108-0825 751-1880 12-12-00
12. SEND NOTICE OF SERVICE COPY NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND CO. SHERIFF
13. I acknowledge receipt of the writ
or complaint as indicated above.
R. AHRENS
16, HOW SERVED: PE!RSONAL
RESIDENCE ( )
POSTED ( )
POEt )
22, REMARKS
. 23. Advance Costs
$100.00
SO ANSWER
41. AFFIRMED and s
. Signature of
Dep. Sheriff
. Signature of York
County Sheriff
HILLIAM M.
46. Signature of Foreign
County Sheriff
IGNATURE
47i"~E70~t?tf)
48, DATE
42. day of
~
12-20-00
49. DATE
51, DATE RECEIVED
1. WHITE - Issuing Authority 2. PINK ~ Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office
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COUNTY OF YORK
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SEflVICE
I PROCESS RECEIPT, and AFFIDAVIT OF RETURN
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3, DEFENDANTISI
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5, NAME O~ I~DIVIDU~L COMPANY, CORPORATION, ETC, TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD,
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6, ADDRESS (STREET OR RFO WITH BOX NUMBER, APc NO.. CITY, BORO, 1WP, STATE AND ZIP CODE
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o PERSON IN CHARGE '$iDEPUTIZEr" m p",1iA'f. MI'I" '0 1 ST CLASS MAIL 0 POSTED 0 OTHER
, 20 ~ I, SHERIFF OfW<0~K COUNTY, PA,do hereby deputize the sheriff of
'1 n T 1, ' " COUNTY to eXecute illis Wdtand make return thereof according
to law, This deputation being made at the request and risk of the plaintiff.
7, INDICATE SERVIC", ' 0 PERSONAL
NOW ""/',"'/',,,
SHERIFF OF1i'GR'CeOUN1Y
8, SPf'CIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE,
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ADVANCED FEE PAID BY SHERIFF
NOTE ONLY Aj)PLICABLE ON WRIT OF EXECUTION:, N.B. WAIVER OF WATCHMAN - Any deputY sheriff levying upon or attaching any property under within writ may leave same
without a watchman"jn custody of whomever is found in po,ssession, after 'notifying' person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss,'destruction, or removal of any property before sheriff'~ sale thereof.
9, 1YPE NAME AND ADDRESS oj ATTORNEY I ORIGINATOR and SIGNA URE
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'", liS & YOHE, PH PO BOX 825 HARRISBURG, PA l7l0S-08Z~
10, TELEPHONE NUMBER
11 DATE FILED
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CUi18ERLAND CO.
13. I acknowledge receipt oHhe w'rit
or complaint as indicated above.
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R. AHRENS
RESIDENCE ( l
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22, REMARKS
23. Advance Costs
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42. day of
44. Signature of
Dep. Sheriff
, 45. Signature of York
,20 r~ 43. ~~.. ,} County Sheriff
PROTHO I NOTARY'
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47. DATE
41. AFfiRMED and subscribed to before me this'
48. DATE
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50:1 ACKNOWLEDGERECEIPHlF THE"SHERrFF,'SRETURNSIGNATURE
OF AUTHORIZED ISSUING AUTHORI1Y AND 'TritE
1. WHilE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office
49, DATE
51, DATE RECEIVED
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICES
GROUP, INC.,
CIVIL ACTION - EQUITY
Plaintiff
No. 00-8574
v.
JENNIFER GARRISON,
Defendants
NOTICE TO PLEAD
TO: Plaintiff, Pennsylvania Office Services Group:
You are hereby notified to file a written response to the enclosed Answer With New Matter
within twenty (20) days from service hereof or a judgment may be entered against you.
Date:
It l;v ~(
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICES
GROUP, INC.,
CIVIL ACTION - EQUITY
Plaintiff
No. 00-8574
v.
JENNIFER GARRISON,
Defendants
ANSWER WITH NEW MATTER
AND NOW comes Defendant by her undersigned counsel and respectfully responds as
follows to the Complaint with New Matter:
ANSWER
I. Admitted.
2. Admitted.
3. Admitted.
4. Admitted and denied. Admitted that Plaintiff, as a routine part ofit's enterprise,
attempts to build a customer base.
5. Admitted.
6. Denied as stated. Garrison had already been employed by POSG. Admitted that
she signed the contract.
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7. Admitted that $500.00 was paid by POSG to Garrison. Denied that it was
voluntary or was the agreement orally agreed to when Garrison began her sales duties for POSG.
The "offer" was also made under the implied threat that leads and support would be cut back or
eliminated, or that Garrison's "future with the company would have to be reconsidered."
8. Denied that the agreement specified the material terms of Garrison's employment
arrangement with POSG before August 5, 1999. To the contrary, the document unilaterally
changes material terms of the employment agreement, including among other things the
commission basis. In addition, no commission schedule was ever attached to the agreement or
otherwise supplied.
9. The document speaks for itself
10. Denied as stated. To the contrary, Garrison received some training in how to sell,
and training in the familiarity with the product lines being sold. The remainder of the allegation is
specifically denied. To the contrary, Garrison received no special training in the operation
POSG's business.
11. Admitted and denied. Admitted that there were some customer accounts assigned
to Garrison.. Most accounts eventually obtained and for which sales were made consisted of
either new accounts or accounts for which POSG had been unsuccessful in the past in obtaining
business.
12. Admitted that Garrison is employed by Total Office Solutions, where she has been
since her employment with POSG. POSG knew that Garrison was leaving POSG to go with
2
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Total Office Solutions, and knew that before Garrison left her employ with POSG in June of
2000.
13. Admitted and denied. Vendors such as POSG offer many of the same product
lines. Denied that this constitutes a violation of any noncompete clause.
14. Denied. To the contrary, Garrison received no private confidential information
regarding promotional techniques, client lists and sources of referral. To the contrary, such items
are items common to the industry and nothing divulged by POSG to Garrison was other than
what was generally known in the industry.
15. Denied that there was confidential information other than information generally
known or generally obtainable by any entity in the business. As for the balance of the allegation,
after reasonable investigation, Garrison is without information sufficient to form a belief as to the
troth of the averment. Proofis demanded.
16. Denied. Denied that the Commonwealth of Pennsylvania was itself a sole
customer ofPOSG. Denied Herbert, Rowland & Grubic, Inc. was a customer ofPOSG made
known to Garrison by POSG. Specifically denied that Plaintiff attempted to solicit known
customers ofPOSG including any customers at Letterkenney Army Depot and the New
Cumberland Army Depot. Denied that Garrison solicited any known customer ofPOSG after she
left POSG.
17.
Denied that Garrison became acquainted with any of the named entities as a result
of her employment with POSG.
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18. Denied. To the contrary, Garrison has never provided her current employer with
the names and addresses of aforesaid clients ofPOSG for the purpose of her calling on and
soliciting them.
19. Denied. For the reasons set forth below, POSG has no claim in equity or other
claim that would warrant reasonable attorney's fees.
COUNT I
BREACH OF CONTRACT/SPECIFIC PERFORMANCE
20. Paragraphs I through 19 above are incorporated by reference herein.
21. Denied for reasons set forth elsewhere herein including New Matter from below.
22. Denied. To the contrary, POSG has suffered no harm, irreparable or otherwise.
23. Denied. POSG will suffer no lack of adequate protection. Further, for the reasons
set forth elsewhere herein, POSG is not entitled to relief.
WHEREFORE, Defendant Jennifer Garrison respectfully requests judgment in her favor
together with interest and cost of suit.
COUNT II
DECLARATORY JUDGMENT
24. Paragraphs I through 23 above are incorporated by reference herein.
25. Admitted.
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26. Admitted.
27. Denied. To the contrary, Plaintiff has elected to seek equitable relief on all ofit's
claims.
WHEREFORE, Defendant Jennifer Garrison respectfully requests that PlaintiffPOSG
claim for relief be denied with costs of suit in her favor.
NEW MATTER
28. Paragraphs 1 through 27 above are incorporated by reference herein.
29. At the time the instrument in question was executed, Garrison was compelled to
sign under the implied threat of the loss of her job if she did not.
30. At the time Garrison left the employment ofPOSG in June of2000, POSG and it's
president, Linda Till, were aware that she would be doing similar sales work within the area
through a new employer, Total Office Solutions of Lees port, Pennsylvania. POSG and Linda Till
did not object to Garrisons' working for Total Office Solutions so long as Garrison did not solicit
existing clients.
31. On the understanding set forth in the two preceding paragraphs, Defendant
Garrison left the employ ofPOSG and entered into a sales employment relationship with Total
Office Solutions. Defendant Garrison further actively solicited and serviced accounts for Total
Office Solutions and did so openly and notoriously and with the full knowledge ofPlaintiffPOSG.
32. Defendant Garrison has not knowingly solicited any ofPOSG's customers, and in
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fact has refused to do business with persons who have been customers of Plaintiff in consideration
of the understanding set forth in the immediately preceding paragraphs.
33. At all times at and since, entering into an understanding with Plaintiff not to solicit
business from customers ofPOSG, Defendant Garrison has complied with that agreement.
34. Defendant Garrison has changed her position in reliance upon the understanding
between the parties set forth in the immediately preceding paragraphs.
35. Defendant Garrison believes and therefore avers that PlaintiffPOSG has initiated
this action not to vindicate any legitimate business interest or legitimate legal claim, but rather for
reasons of personal animosity.
37. Defendant Garrison has incurred legal expense, including attorneys fees, in order
to defend this action.
DEFENSES
38. Paragraphs one through 37, above, are incorporated herein by reference.
39. Plaintiff's claim is barred by the doctrine oflaches.
40. Plaintiff's claim is barred by the doctrine of unclean hands.
41. Plaintiff's claim is barred by the doctrine of equitable estoppel.
42. Plaintiff's claim is barred by the doctrine of judicial estoppel
43. Plaintiff has failed to do equity.
44. Plaintiff's claim is barred by applicable statutes oftime limitation and repose.
6
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WHEREFORE Defendant Garrison respectfully requests judgment in her favor, together
with costs and reasonable attorneys fees.
.~~
Kenneth A Wise, squire
IDNo.16142
126 Locust Street
P. O. Box 11489
fUrrrisburg,PA 17108-1489
(717) 238-3838
Attorney for Defendant
Date: / J ,J;u ~/
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VERIFICATION
Upon my personal knowledge or information and belief, I hereby verifY that the facts
averred in the foregoing Answer With New Matter are true and correct to the best of my
knowledge, information, and belief. I understand that false statements or averments therein made
will subject me to the criminal penalties of 18Pa.C.S. ~ 4904 relating to unsworn falsification to
authorities.
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J enmfer Garrison
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CERTIFICATION
I hereby certify that I am this day serving a true and correct copy of the attached
ANSWER WIm NEW MATTER on the following individual by First Class u.s. Mail
addressed as follows:
Glenn Davis, Esquire
Latsha, Davis, & Yohe, P.C.
PO Box 825
Harrisburg, PA 17108-0825
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, enneth A. Wise, Esquire
ill No. 16142
126 Locust Street
P. O. Box 11489
Hanisburg, PA 17108-1489
(717) 238-3838
Attorney for Defendant
Jennifer Garrison
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
PENNSYLVANIA OFFICE SERVICE
GROUP, INC.,
Plaintiff
v.
NO. 00-8574
JENNIFER GARRISON,
Defendant
CML ACTION - EQUITY
PLAINTIFF'S ANSWER TO NEW MATTER
AND NOW, COMES, Plaintiff, Pennsylvania Office Service Group, Inc.
(hereinafter upOSGU) by and through its attorneys, Latsha Davis & Yohe, P.c., and
answers Defendant's new matter as follows:
28. The averment contained in this paragraph does not require a response
under the Pennsylvania Rules of Civil Procedure. To the extent that it is determined
that such response is necessary, any averment is denied.
29. Denied as stated. As previously stated in the complaint, Garrison was
.
requested to execute an agreement which set forth terms of her employment including
noncompetition provisions. Consideration for such signing was offered to and accepted
by Garrison.
30. Denied. Prior to Garrison tendering her resignation to POSG, neither
POSG nor its president, Linda Till, were aware that she had accepted a position as a
salesperson for Total Office Solutions of Leesport, Pennsylvania, in which she would
perform similar sales work within the area she had covered for POSG. To the contrary,
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it was only after Garrison tendered her resignation that she revealed to President Till
her future employment plans, at which time President Till immediately reminded
Garrison of her obligation of noncompetition. Garrison assured President Till that she
intended to fulfill that obligation, a promise which she has repeatedly broken.
31. Denied. Garrison did not submit her resignation to POSG under any
representations made by POSG or its authorized representative. To the contrary, as
aforestated, Garrison tendered her resignation prior to any conversation with President
Till with regard to her future employment opportunity and plans.
32. Denied. To the contrary, Plaintiff has averred and will prove that
Garrison has solicited former and current clients of POSG and upon information and
belief, has, in addition, solicited prospective clients which were developed while
employed with POSG.
33. Denied. To the contrary, Garrison has solicited clients covered by the
restriction in the agreement between herself and POSG in violation of that agreement.
34. Denied. Garrison tendered her resignation prior to any alleged
understanding between the parties. Moreover, the only "understanding" between the
parties which pertains to Garrison's prohibition to compete in the future is contained in
the referenced written agreement. Strict proof of Garrison's alleging to have" changed
her position" is demanded at time of trial.
35. Denied. POSG has repeatedly reminded Garrison of her obligation under
the written agreement, which, although Garrison indicated orally she would fulfill, she
63740.1
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has in practice breached. POSG is unaware of any personal animosity with regard to
Garrison and, therefore, demands strict proof at time of trial.
36. [sic] This paragraph has been excluded from Defendant's new matter.
37. Denied. After reasonable investigation, Plaintiff is without information
sufficient to form a belief as to the truth of this averment.
38. No responsive pleading is required of this paragraph.
39-44. The averments contained in these paragraphs constitute conclusions of
law to which no responsive pleading is required.
WHEREFORE, Answering Plaintiff, Pennsylvania Office Service Group, Inc.,
requests that judgment be entered in its favor and against Defendant, Jennifer Garrison,
that an injunction be issued barring Defendant from further action in violation of the
restrictions on her employment and award such other relief as this Honorable Court
determines to be appropriate including costs and attorney's fees.
Respectfully submitted,
LATSHA DAVIS & YOHE, P.c.
Dated:~
By
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Glenn R. Davis
Attorney J.D. No. 31040
Chadwick O. Bogar
Attorney ID. No. 83755
P. O. Box 825
Harrisburg, P A 17108-0825
(717) 761-1880
Attorneys for Plaintiff, Pennsylvania
Office Service Group, Inc.
63740.1
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FROfll': PO$G
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FRX NO. 7177635652
Feb, 06 2001 04:31PM P2
FROM II..RTSHR CR"lll ll. YOHE.P.C.
e717) 761-:2<!l'lS
2001.01-31
10'27 "214 P,0S_16
VE~_ID.~.\TION
The undersigned, Linda C. Till, hel'li!by vl!rlnl!s and state" that:
I, She is President ot Pliiinliff in the within action;
2. Thl! filets set forth in the foregoing Answer are tl'tle and correct to the bt!!.t
of her knowledge, infonnation iUld belief; and
3. She is aWa.re that ;my false sb'ltt!menta he<<:in Ilrc made subject to the
penalties of 18 Pa.. C.S,A. S 4904, relating to llnSWOm falsific:ation to authorities.
Dated: j, - &"- Of
~'Tdl
Linda C. Till
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Plaintiff's Answer to New Matter was served by first-class United States mail,
postage prepaid, upon the following:
Kenneth A. Wise, Esq.
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
Dated:~
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Glenn R. Davis
63740.1
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICE
GROUP, INC.,
Plaintiff
v.
NO. 00-8574
JENNIFER GARRISON,
Defendant
CIVIL ACTION - EQUITY
PLAINTIFF'S RESPONSE TO DEFENDANT'S .
MOTION FOR CONTINUANCE
OR IN THE ALTERNATIVE
MOTION TO HOLD THE RECORD OPEN
1. Admitted.
2. Admitted.
3. Admitted in part. It is admitted that Plaintiff's Count I sounds in breach
of contract and specific performance. Count II seeks declaratory judgment under 42 Pa.
C.S. 9 7531, et seq.
4. Denied. The allegations set forth in the Complaint speak for themselves.
5. Denied. After reasonable investigation, Plaintiff is without knowledge or
information to form an opinion as to the truthfulness of this averment.
6. Denied. If the averments contained in this paragraph No.6 are true, then
Captain Ross is not an essential witness as the representation is that he was never a
customer of Pennsylvania Office Service Group. If Captain Ross has no business
affiliation with Pennsylvania Office Service Group, then there would be no relevancy to
his testimony. However, it must be further stated that the averments further contained
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in Defendant's paragraph No.6 serve as an admission by Defendant Garrison that
Letterkenny Army Depot transacts business with Pennsylvania Office Service Group
and that Defendant Garrison has had continuing contact with Letterkenny Army Depot
after the termination of her employment in June 2000 and during the period of her
restriction. This admission by itself serves to provide sufficient evidence upon which to
base a judicial finding that Defendant Garrison is in violation of the restrictions
contained in her agreement with POSG.
7. Denied. After reasonable investigation, Plaintiff is without information
and belief to form an opinion as to the truthfulness of this averment.
8. Denied. After reasonable investigation, Plaintiff is without information
and belief to form an opinion as to the truthfulness of this averment.
WHEREFORE, Plaintiff, Pennsylvania Office Service Group, Inc., respectfully
requests that the motion of Defendant, Jennifer Garrison, be denied as to the hearing
scheduled before the Court on February 15, 2001.
Respectfully submitted,
LA TSHA DAVIS & YOHE, P.e.
Dated:
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By
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Glenn R. Davis
Attorney J.D. No. 31040
Chadwick O. Bogar
Attorney ID. No. 83755
P. O. Box 825
Harrisburg, P A 17108-0825
(717) 761-1880
Attorneys for Plaintiff, Pennsylvania
Office Service Group, Inc.
64145.1
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Plaintiff's Response to Defendant's Motion for Continuance or in the
Alternative Motion to Hold the Record Open was served by first-class United States
mail, postage prepaid, upon the following:
Kenneth A. Wise, Esq.
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
Dated:~
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Glenn R. Davis
64145.1
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICES
GROUP, INC.,
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JENNIFER GARRISON,
Defendant
SUPPLEMENT TO
MOTION FOR CONTINUANCE
OR IN THE ALTERNATIVE
MOTION TO HOLD THE RECORD OPEN
I. Movant herein is Defendant, Jennifer Garrison.
2. Respondent is Plaintiff, Pennsylvania Office Services Group, Inc. (pOSG).
3. On or about February 9, 2000, Defendant filed with this Court a motion
styled, Motion For Continuance Or In The Alternative Motion To Hold The Record Open.
4. The allegations set forth in the aforesaid Motion are reincorporated herein
by reference.
5. On February 13, 2001, the undersigned counsel for Defendant telephoned
Glenn R. Davis, Esq., counsel for Plaintiff and requested his concurrence to one of the
items of relief requested in the said Motion. Counsel did not concur.
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WHEREFORE, Defendant respectfully requests that this matter be continued or in
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this court.
Respectfully submitted,
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, Kenneth A. Wise, Esquire
Id. No. 16142
126 Locust Street
P. O. Box 11489
Harrisburg, P A 17108-1489
(717) 238-3838
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Attorney for Defendant
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CERTIFICATION
I hereby certify that I am this day serving a true and correct copy of the attached
Motion For Continuance Or In The Alternative Motion To Hold The Record Open
on the following individual by First Class U.S. Mail addressed as follows:
Glenn Davis, Esquire
Latsha, Davis, & Yohe, P.C.
PO Box 825
Harrisburg, PA 17108-0825
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Id. No. 16142
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYL VANIA OFFICE SERVICES
GROUP, INC.,
Plaintiff
CIVIL ACTION - EQUITY
No. 00-8574
v.
JENNIFER GARRISON,
Defendant
ORDER
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AND NOW to wit, this
day of February, 2001, in consideration
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of Defendant's Motion For Continuance Or In The Alternative Motion To Hold The
Record Open, and the Supplement threto, it is hereby ordered that this matter be
continued until the
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day of
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a.m/p.m in
Courtroom
at Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYL VANIA OFFICE SERVICES
GROUP, INC.,
CIVIL ACTION - EQUITY
Plaintiff
No. 00-8574
v.
JENNIFER GARRISON,
Defendant
ORDER
AND NOW to wit, this
day of February, 2001, in consideration
of Defendant's Motion For Continuance Or In The Alternative Motion To Hold The
Record Open, and the Supplement thereto, it is hereby ordered that this matter be held
open for a period of_days for the purpose of taking the testimony ofJames Ross,
Captain, United States Army, at Letterkenney Army Depot, or other convenient place, at a
date and time mutually agreeable to the parties and the deponent.
By the Court:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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PENNSYL VANIA OFFICE SERVICES
GROUP, INC.,
CIVIL ACTION - EQUITY
Plaintiff
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No. 00-8574
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JENNIFER GARRISON,
Defendant
ORDER
AND NOW to wit, this
day of February, 2001, in consideration
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Record Open, and the Supplement threto, it is hereby ordered that this matter be
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day of
, 2001 at
a.m/p.m in
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at Cumberland County Courthouse, Carlisle, Pennsylvania.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICES
GROUP, INC.,
CIVIL ACTION - EQUITY
Plaintiff
No. 00-8574
v.
JENNIFER GARRISON,
Defendant
ORDER
AND NOW to wit, this
day of February, 2001, in consideration
of Defendant's Motion For Continuance Or In The Alternative Motion To Hold The
Record Open, and the Supplement thereto, it is hereby ordered that this matter be held
open for a period of _ days for the purpose of taking the testimony of James Ross,
Captain, United States Army, at Letterkenney Army Depot, or other convenient place, at a
date and time mutually agreeable to the parties and the deponent.
By the Court:
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PENNSYLVANIA OFFICE
SERVICES GROUP, INC.,
Plaintiff
v.
JENNIFER GARRISON,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
No. 00-8574 EQUITY TERM
ORDER OF COURT
AND NOW, this 15th day of February, 2001.
upon consideration of Plaintiff's Motion for Preliminary
Injunction, and following a hearing, the record is declared
closed, and the matter is taken under advisement.
Glenn R. Davis, Esquire
P.O. Box 825
Harrisburg, PA 17108-0825
For the Plaintiff
Kenneth A. Wise, Esquire
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17108-1489
For the Defendant
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PENNSYL VANIA OFFICE
SERVICES GROUP, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - EQUITY
JENNIFER GARRISON,
Defendant
NO. 00-8574 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION
BEFORE OLER. J.
ORDER OF COURT
AND NOW, this 21st day of February, 2001, upon consideration of Plaintiffs
Motion for preliminary Injunction, and following a hearing held on Thursday, February
15,2001, and the court being of the view that Plaintiff has shown a likelihood that it will
prevail on the issue of whether the restrictive covenant at issue herein is enforceable, the
motion is granted to the extent that Defendant is enjoined for a period of one year from
June 1,2000, from:
I. Making known to any person, firm, or corporation the names
and addresses of any of the customers or prospective customers of
Pennsylvania Office Service Group, Inc., or any other information
peliaining to them; and
2. Calling or soliciting, or taking away, or attempting to call or
solicit or take away any of the customers of Pennsylvania Office
Service Group, Inc., on whom Defendant called or with whom
Defendant became acquainted during her term of employment with
Pennsylvania Office Service Group, Inc., either for Defendant or for
any other person, firm, or corporation.
FOR PURPOSES of this preliminary injunction, the "customers or prospective
customers of Pennsylvania Office Service Group, Inc.," and "the customers of
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Pennsylvania Office Service Group, Inc., on whom Defendant called or with whom
Defendant became acquainted during her term of employment with Pennsylvania Office
Service Goup, Inc., do not include the company known as Herbert, Rowland & Grubic,
Inc.
THIS PRELIMINARY INJUNCTION shall be effective upon -Plaintiffs filing,
within 10 days of the date of this order, of a bond with court-approved surety, or legal
tender, in the amount of $1,000.00, conditioned that, if the injunction is dissolved
because improperly granted, Plaintiff shall pay to any person injured all damages
sustained by reason of granting the injunction and all legally taxable costs and fees, in
accordance with Pa. RC.P. 1531(b). In the event the bond or legal tender is not filed
within the lO-day period, the preliminary injunction shall be deemed automatically
dissolved.
BY THE COURT,
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Glenn R Davis, Esq.
Chadwick O. Bogar, Esq.
4720 Old Gettysburg Road
Suite 10 I
Mechanicsburg, PA 17055
Attorneys for Plaintiff
;
Kermeth A. Wise, Esq.
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17108-1489
Attorney for Defendant
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PENNSYL VANIA OFFICE
SERVICES GROUP, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - EQUITY
JENNIFER GARRISON,
Defendant
NO. 00-8574 CIVIL TERM
ORDER OF COURT
AND NOW, this 21st day of February, 2001, upon consideration of Defendant's
Motion for Continuance or in the Alternative To Hold the Record Open, the motion is
denied because the record was declared closed at the conclusion of the hearing on
February 15, 2001.
BY THE COURT,
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Glenn R. Davis, Esq.
Chadwick O. Bogar, Esq.
4720 Old Gettysburg Road
Suite 10 I
Mechanicsburg, PA 17055
Attorneys for Plaintiff
Kenneth A. Wise, Esq.
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17108-1489
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYL VANIA OFFICE SERVICES
GROUP, INC.,
CIVIL ACTION - EQUITY
Plaintiff
No. 00-8574
v.
JENNIFER GARRISON,
Defendant
ORDER
AND NOW to wit, this
day of February, 2001, in consideration
of Defendant's Motion For Continuance Or In The Alternative Motion To Hold The
Record Open, and the Supplement threto, it is hereby ordered that this matter be
continued until the
. day of
,2001 at
a.m/p.m in
Courtroom ___ at Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICES
GROUP, INC.,
CIVIL ACTION - EQUITY
Plaintiff
No. 00-8574
v.
JENNIFER GARRISON,
Defendant
ORDER
AND NOW to wit, this
day of Febmary, 2001, in consideration
of Defendant's Motion For Continuance Or In The Alternative Motion To Hold The
Record Open, and the Supplement thereto, it is hereby ordered that this matter be held
open for a period of_days for the purpose of taking the testimony of James Ross,
Captain, United States Army, at Letterkenney Army Depot, or other convenient place, at a
date and time mutually agreeable to the parties and the deponent.
By the Court:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICES
GROUP, INC.,
CIVIL ACTION - EQUITY
Plaintiff
No. 00-8574
v.
JENNIFER GARRISON,
Defendant
SUPPLEMENT TO
MOTION FOR CONTINUANCE
ORIN THE ALTERNATIVE
MOTION TO HOLD THE RECORD OPEN
1. Movant herein is Defendant, Jennifer Garrison.
2. Respondent is Plaintiff, Pennsylvania Office Services Group, Inc. (pOSG).
3. On or about February 9, 2000, Defendant filed with this Court a motion
styled, Motion For Continuance Or In The Alternative Motion To Hold The Record Open.
4. The allegations set forth in the aforesaid Motion are reincorporated herein
by reference.
5. On February 13, 2001, the undersigned counsel for Defendant telephoned
Glenn R. Davis, Esq., counsel for Plaintiff and requested his concurrence to one of the
items of relief requested in the said Motion. Counsel did not concur.
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WHEREFORE, Defendant respectfully requests that this matter be continued or in
the alternative, record be held open so that his deposition may be taken and presented to
this court.
Date: /? Iii ;; /
Respectfully submitted,
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" Kenneth A ",se, Esquire
Id. No. 16142
126 Locust Street
P. O. Box 11489
fUrrrisburg, PA 17108-1489
(717) 238-3838
Attorney for Defendant
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CERTIFICATION
I hereby certify that I am this day serving a true and correct copy of the attached
Motion For Continuance Or In The Alternative Motion To Hold The Record Open
on the following individual by First Class U.S. Mail addressed as follows:
Glenn Davis, Esquire
Latsha, Davis, & Yohe, P.C.
PO Box 825
Harrisburg, PA 17108-0825
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Kenneth A. Wise, Esquire
Id. No. 16142
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA OFFICE SERVICES
GROUP, INC.,
CIVIL ACTION - EQUITY
Plaintiff
No. 00-8574
v.
JENNIFER GARRISON,
Defendant
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SUPPLEMENT TO
MOTION FOR CONTINUANCE
OR IN THE ALTERNATIVE
MOTION TO HOLD THE RECORD OPEN
1. Movant herein is Defendant, Jennifer Garrison.
2. Respondent is Plaintiff, Pennsylvania Office Services Group, Inc. (pOSG).
3. On or about February 9, 2000, Defendant filed with this Court a motion
styled, Motion For Continuance Or In The Alternative Motion To Hold The Record Open.
4. The allegations set forth in the aforesaid Motion are reincorporated herein
by reference.
5. On February 13, 2001, the undersigned counsel for Defendant telephoned
Glenn R. Davis, Esq., counsel for Plaintiff and requested his concurrence to one of the
items of relief requested in the said Motion. Counsel did not concur.
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WHEREFORE, Defendant respectfully requests that this matter be continued or in
the alternative, record be held open so that his deposition may be taken and presented to
this court.
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Respectfully submitted,
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Kenneth A WIse, Esqurre
Id. No. 16142
126 Locust Street
p, O. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
Date:
Attorney for Defendant
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CERTIFICATION
I hereby certify that I am this day serving a true and correct copy of the attached
Motion For Continuance Or In The Alternative Motion To Hold The Record Open
on the following individual by First Class U.S. Mail addressed as follows:
Glenn Davis, Esquire
Latsha, Davis, & Yohe, P.C.
PO Box 825
Harrisburg, P A 17108-0825
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Kenneth A. Wise, Esquire
Id. No. 16142
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
Date: /3lvl /i /
Attorney for Defendant
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PENNSYLVANIA OFFICE
SERVICES GROUP, INC.,
Plaintiff
v.
JENNIFER GARRISON,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
fs7'l
No. OO-~ EQUITY TERM
ORDER OF COURT
AND NOW, this 26th day of April, 2001, upon
consideration of Plaintiff's Motion for Protective Order
Pursuant To Pa. R.C.P. 4012, and following a discovery
conference in the chambers of the undersigned judge in
which Plaintiff was represented by Glenn R. Davis, Esquire,
and Chadwick o. Bogar, Esquire (participating by
telephone), and Defendant was represented by Kenneth A.
Wise, Esquire, and pursuant to an agreement of counsel, the
Plaintiff's motion is deemed moot.
Glenn R. Davis, Esquire
Chadwick O. Bogar, Esquire
4720 Old Gettysburg Road
Suite 101
Mechanicsburg, PA 17055
For the Plaintiff
Kenneth A. Wise, Esquire
126 Locust Street
P.O. Box 11489
Harrisburg, PA 17108-1489
For the Defendant
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SCOTT GOTTHARD, J
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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: CIVIL ACTION - LAW
MICHAEL JOHN GENNA,
Defendant
IN RE: PRETRIAL CONFERENCE
ORDER
AND NOW, this
I?-' day of January, 2002, a pretrial conference in the above
captioned matter is set for Monday, February 25, 2002, at 9:00 a.m. in the Chambers ofthe
undersigned.
BY THE COURT,
Thomas 1. Williams, Esquire
For the Plaintiff
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1. Rex Bickley, Esquire
For the Defendant
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