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Home My WebLink About01-05909 -'f;~"b"'!.;'"ll'illitrr( n' ' '-" ,,,, '"~ ' .,:-"'~--, ,., ~, . MICHAEL GENNA, tJd/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-590'1 ~ EDWARD A. POMPONIO, Defendant IN EQUITY RULE TO SHOW CAUSE AND NOW, this/5~y of October, 2001, upon consideration of the verified Complaint in Equity in this action and the accompanying Petition for Preliminary Injunctive Relief, IT IS HEREBY ORDERED that: ~JA{ 1. Defendant show cause before the Court o~ AlP, 2001, at ~F :i)o'c1ock I. M. in Courtroom 5 at Carlisle, Pennsylvania, why a preliminary injunction should not be issued, providing the relief requested by Plaintiff; and ""j"" 2. Plaintiff cause copies of this Rule to show cause, the Complaint in Equity, and the Petition for Injunctive Relief with its accompanying papers, to be served upon all parties in interest at least I 0 days before the date of the hearing. LtlW/1/C.d E. C....:J" 1. ./ ! iJ,JiM~,:e.~"." <, 0"., . T':' -I ~~Il'l'\',~~ ,"",,~"- ~"''''''~_""''. . -- L.i;"~',;,,(,,_ o",,,:i;;,,~,,'~i'LiA'ljg: A'.,'<,;~"f;,,,.-,, ,,-~,i.~""':"" "d~=-,",lN",;",-' " ,. ,.- "'--,,, ~,_,"',~::;,,,:,.;j;,;,ifj:&i&~~~,,fiil:Ij''''~';;ic~''''--'il.ill'""~''4ii'.;:;l;_.u;'~~ --'~"'-"O'{w.J~'l&;;'"j,.,k~"""; -.F.~,,~: ez,,:, \ F1LFD,-OI:F1CE ,,- -, ,," ".....'(f. "~I '(\TADY lit" !; ~l~ "';-;:,~, I i~T~,: \~.U ."'\n " ~,.J '::!'J' \ ~ G I OCT I 5 Ah II: 1..0 CUMBEKAND mUNTY PENNSYLVANIA ~J L;.\ d:I '} " , '. '., ;'/.. -- ",101!!i4,A~Ul11JlI[ lLJl..lU, 1J[~)m" "I,l,,~."""i~iUU !,Ul! J["i"," ..\ . ,J11 rr.i.IIW!IIi ~"IIIf'L" , . ., .... .. MICHAEL GENl'j'A, tJd/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA v. No, QI-59oQ ~ EDWARD A. POMPONIO, Defendant IN EQUITY PETITION FOR PRELIMINARY INJUNCTIVE RELIEF Plaintiff Premier Body Accents, through its undersigned counsel, Petitions this Court for the issuance of Preliminary Injunction pursuant to Pa.R.C,P. No. 1531 and in support thereof alleges as follows: 1. Plaintiff, Premier Body Accents filed a verified Complaint in Equity with the Prothonotary of this Court on a true copy of which is attached as Exhibit "A". 2. Defendant is Edward A. Pomponio, an adult individual currently residing at 652 Market St., Lemoyne, Cumberland County, Pennsylvania 17043. 3. At all times pertinent hereto, Plaintiff was in the business of marketing and distributing stainless jewelry nationwide. 4. On or about February 7, 2000 Defendant entered into an independent sales person agreement with Plaintiff which included in part a provision regarding confidential information and a provision regarding non-competition. A copy of said agreement is attached hereto, incorporated herein and marked Exhibit "A". 5. On May 17,2000 Defendant entered into an employment contract with Plaintiff which incorporated certain terms and conditions included in the independent salesperson agreement ","'W.''-.;r'__...., , r, p' ~~, ."~~ ~, ~, ~ ---~.~ ,~ -- ~ set forth in Exhibit "A". A copy of the employment contract is attached hereto, incorporated herein and marked Exhibit "B". 6. The pertinent parts of the agreement set forth in Exhibits "A" and "B" provide as follows: a. In the event oftermination, the Defendant will not engage in a competitive business for a period of sixty (60) days nor will he contact or solicit any customer with whom Premier Body Accent has conducted business with during his association. b. He shall not use confidential information, disclose, publish or otherwise reveal any confidential information received from the owner to any other party without written authorization other than for purposes of business with the owner (plaintiff). 7. On September 17, 2001 Defendant resigned his position with the Plaintiff. 8, Sometime soon thereafter, Defendant either independently or in relationship with another or other businesses which manufactured and marketed stainless steel jewelry violated the terms and conditions of the agreements with Plaintiff contained in Exhibits "A" and "B" in the following manner: a. Marketed body jewelry in the Harrisburg-Carlisle area. b. Called former customers and marketed to former customers of the Plaintiff. c. Called former customers of the Plaintiff and new customers indicating that he was still employed by the Plaintiff. d. Marketed to former customers of the Plaintiff and new customers indicating that he still was employed by the Plaintiff but submitted invoices from other manufacturers 1 "'''''1.''''''''''''''''''''''',._ ,., ~ ~. .. """" .,.,... including Ring Leader or USS Manufacturing. 9. Plaintiffbelieves and therefore avers that Defendant has diverted thousands of dollars a week from Plaintiff's business causing him economic and irreparable harm. 10. By marketing body jewelry within the Harrisburg-Carlisle area within sixty (60) days of his termination (resignation) and within a 100 mile radius of Plaintiff's place of business the Defendant has violated the terms and conditions of his agreements with Plaintiff as set forth in Exhibits "A" and "B". 11. granted. 12. The Plaintiff will suffer immediate and irreparable harm if the injunction is not Defendant's conduct has since the date of his resignation continues to deprive the Plaintiff of sales and profits to which it is entitled. 13. Additionally, the Defendant has used and continues to use information and contacts he established while working for and/or employed by the Plaintiff which are the property rights of the Plaintiff. 14. Additionally, the present and future validity and integrity of the employment relationship and the agreements between the Plaintiff and its present employees is predicated upon the enforceability of the subject agreements in this action. 15. The Plaintiff has no adequate remedy at law to redress the current and impending harm from the Defendant's continued conduct. 16. The issuance of the injunction will not be contrary to the public interest. 17. The Plaintiff is likely to succeed on the merits of its claim, 2 .,.,.,*,'...,"'~_,f!i' '! ' , ~ " .~ ,~=~ ''1' .-=>" "~ -,.~ ~^ , .,.,..,..,._-~ ~.", ,. ~ -- 1""""'" fj' ,:" I,:; .' ,.'-....:"'iF ",';'~*ID.1\?<!'{ 18. The obligations ofthe Plaintiff and Defendantthrough its agreements are clear. They arise by express contract and operation oflaw. The Defendant is breaching these obligations. These obligations which are enforceable in equity and Plaintiff will be entitled upon final hearing to a permanent injunction against their violation and the conversion of assets by Defendant. WHEREFORE, PetitionerlPlaintiffPremier Body Accents, requests that this Court: A. Issue a Ru1e to show cause why a Preliminary Injunction should not be granted against the Defendant Edward Pomponio; and B. After a hearing issue a Preliminary Injunction Order in the form attached issue a Preliminary Injunction Order. Respectfully submitted, 1. Re ickley 12 outh St. arrisburg, P A 17101 (717) 234-0577 (717) 234-7832 Attorney for Plaintiff 3 ~, \' -- ~-." - = ~. . ~",~ H_~.~~~~ u I', 'I H j" I.: !,'i Ii i': .:i Ii i:i I' , " !! I:! Ii i' I; Ii I I I I' " Ii I' 1'1 Ii I I , I I, I I': I I f'i"'""!"~~~J .!lUll MICHAEL GENNA, tJd/b/a PREMlERBODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. EDWARD A. POMPONIO, Defendant IN EQUITY COMPLAINT 1. Plaintiff is Michael Genna, tJd/b/a Premier Body Accents, sole proprietorship organized under the laws of the Commonwealth of Pennsylvania with a principal place of business at 609 Ross Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Edward A. Pomponio, an adult individual currently residing at 652 Market St., Lemoyne, Cumberland County, Pennsylvania 17043. 3. At all times pertinent hereto, Plaintiff was in the business of marketing and distributing stainless jewelry nationwide. 4. On or about February 7, 2000 Defendant entered into an independent sales person agreement with Plaintiff which included in part a provision regarding confidential information and a provision regarding non-competition. A copy of said agreement is attached hereto, incorporated herein and marked Exhibit "A". 5. On May 17,2000 Defendant entered into an employment contract with Plaintiff which incorporated certain terms and conditions included in the independent salesperson agreement set forth in Exhibit "A". A copy of the employment contract is attached hereto, incorporated herein and marked Exhibit "B". EXHIBIT "A" " ". ~~ r "" - "W'1'l~! ~" .~- ---- 'ii'''' 6. The pertinent parts of the agreement set forth in Exhibits "A" and "B" provide as follows: a. In the event of termination, the Defendant will not engage in a competitive business for a period of sixty (60) days nor will he contact or solicit any customer with whom Premier Body Accent has conducted business with during his association. b. He shall not use confidential information, disclose, publish or otherwise reveal any confidential information received from the owner to any other party without written authorization other than for purposes of business with the owner (Plaintiff). 7. On September 17, 2001 Defendant resigned his position with the Plaintiff. 8. Sometime soon thereafter, Defendant either independently or in relationship with another or other businesses which manufactured and marketed stainless steel jewelry violated the terms and conditions of the agreements with Plaintiff contained in Exhibits "'A" and "B" in the following marmer: a. Marketed body jewelry in the Harrisburg-Carlisle area. b. Called former customers and marketed to former customers of the Plaintiff. c. Called former customers of the Plaintiff and new customers indicating that he was still employed by the Plaintiff. d. Marketed to former customers ofthe Plaintiff and new customers indicating that he still was employed by the Plaintiff but submitted invoices from other manufacturers including Ring Leader or USS Manufacturing. 9. Plaintiffbelieves and therefore avers that Defendant has diverted thousands of dollars 2 <./'",CNV'N- . ,~. "",'N ~ 'I~ >~ ~'". '''' ~ ~'1 w :~"" & ~ ~. a week from Plaintiffs business causing him economic and irreparable harm. COUNT I BREACH OF NON-COMPETITION AGREEMENT 10. Paragraphs 1 through 9 are hereby incorporated herein by reference thereto. 11. By marketing body jewelry within the Harrisburg-Carlisle area within sixty (60) days of his termination (resignation) and within a 100 mile radius of Plaintiff's place of business the Defendant has violated the terms and conditions of his agreements with Plaintiff as set forth in Exhibits "A" and "B". WHEREFORE, Plaintiff requests your Honorable Court to: a. Enjoin Defendant from continuing to violate the terms and conditions of his Non-Competition Agreement; b. Order and Direct Defendant to account to Plaintiff for all sales made to Plaintiff's customers or any other customers since his resignation; c. Order and Direct Defendant to pay to Plaintiff any monies made marketing body jewelry since his resignation; d. Such other and further relief as the Court shall deem just and proper under the circumstances. COUNT II BREACH OF CONFIDENTIAL INFORMATION AGREEMENT 12. Paragraphs I through II are incorporated herein by reference thereto. 13. Defendant has used and is using confidential information of the Plaintiff's in viola- 3 1'il'.&, ~", ~." ,~~ , ,-'.,,,~ ,-" -- ""r~~ ~ ~~ Ilm"'!! 'r' ~"_~,,~ , ~.~( ~' '''~ ~~ 1'1"'''''''''' -, ~.,~ v.' v" x,.. tion of the terms and conditions of his agreement with Plaintiff as set forth in Exhibits "A" and "B". 14. Plaintiffhas suffered economic harm due to Defendant's violation of his agreements with the Plaintiff. WHEREFORE, Plaintiff prays your Honorable Court to Order and Direct Defendant to: a. Enjoin Defendant from disseminating or furnishing any information regarding Plaintiff's customers and records to any third parties; b. Enjoin Defendant from disseminating or furnishing any information regarding Plaintiff s customers, potential customers or any other confidential information to any third party; c. Order and Direct Defendant to account to Plaintiff for all sales made to Plaintiff's customers or potential customers, and any contacts therewith, since the termination date; , , and d. Such other and further relief as the Court shall deem just and proper under the circumstances. COUNT 1II MONEY DAMAGES 15. Paragraphs 1 through 14 above are hereby incorporated herein by reference thereto. 16. On information received from reliable source, Plaintiffbelieves, and therefore avers, that since the termination/resignation date, the Defendant and others with whom he has established a business relationship has contacted customers, and potential customers of the Plaintiff and has been selling stainless steel jewelry to them. WHEREFORE, Plaintiff prays your Honorable Court to Order and Direct Defendant to: 4 "'~''''<',,"'~):tql n f' ~ ~ 'F' -"T"'"~ ,. ,. ., _~~'" ~ _,_I';J'" , w ,<,"<,~ ' ,'.^ .~ <," ~ . ~ a. Enjoin Defendant from contacting any customers or potential customers of Plaintiff; b. Account for all orders and monies received by him and anyone in a business relationship to him since September 17, 2001; c. Pay to the Plaintiff money damages in an amount to be determined plus interest and costs; d. Order and Direct Defendant to fully identifY all individuals involved in any other individuals soliciting sales from Plaintiff's customers or potential customers; e. Order and Direct Defendant to reimburse Plaintiff for any profit Plaintiff would have made from the sales to Plaintiff's customers and potential customers that were actually made by Defendant and for the loss of good will as a result of Defendant's misrepresentations of the facts to Plaintiff's customers and new customers; and f. Such other and furtherrelief as the Court may deem just and proper under the circumstances. COUNT N TORTIOUS INTERFERENCE WITH BUSINESS RELATIONSHIPS 17. Paragraphs 1 through 16 hereof are incorporated herein by reference thereto. 18. On information received from reliable sources, Plaintiffbelieves, and therefore avers, that since the termination date, Defendant and those with whom he is in a business relationship at the present, have contacted customers of Plaintiff and new customers and falsely informed said customers that he was either continuing to work for the Plaintiff or no longer working with the 5 ,,,j~I'i\'<f",')~,.",, .,r ' , .,.".~ ." ...,,' ~~-.......~ " ~-., - ~.~.. " ~.., ~ ..~? ;,,,,..,,,,,, ~.-" ." . '''. ',"- - ." ~< ."". " Plaintiff but continuing to market and sell to said customers body jewelry. 19. By means of the above described artifice, Defendant has obtained sales from prior customers of Plaintiff and new customers. WHEREFORE, Plaintiff prays your Honorable Court to: a. Enjoin Defendant from contacting any customers or potential customers of Plaintiff; b. Enjoin Defendant from representing to anyone that Plaintiff that he (Defendant) is still employed by the Plaintiff; and c. Enjoin Defendant from marketing body jewelry in violation of the terms and conditions of his agreements contained in Exhibits "A" and "B". COUNT V Fraud and Deception 20. Paragraphs 1 through 19 hereof are incorporated herein by reference thereto. 21. On information received from reliable sources, Plaintiffbelieves, and therefore avers, that since the termination date, Defendant has falsely and fraudulently represented to Plaintiff s customers and other customers that he continued to act on behalf of Plaintiff and marketed body jewelry to said customers. WHEREFORE, Plaintiff requests your Honorable Court to: a. Enjoin Defendant from contacting any customers of Plaintiff and/or any other customers in violation of the terms and conditions of his agreements with Plaintiff contained in Exhibits "A" and "B'" , 6 "'~""'J,,,,T,~_ "". '" ~ .'~, tF " ~ " r- , ""~''"''1 ~~ ~"-_.'"'~".~ b. Order and Direct the Defendant to account to Plaintiff for all sales and solicitations made to Plaintiff s customers and/or other customers; c. Order and Direct Defendant to fully identifY all individuals involved in any other individuals soliciting sales from Plaintiff s customers or potential customers; d. Order and Direct Defendant to reimburse Plaintiff for any profit Plaintiff would have made from the sales to Plaintiff s customers and potential customers that were actually made by Defendant and for the loss of good will as a result of Defendant's misrepresentations of the facts to Plaintiffs customers and new customers; and e. Such other and further relief as the Court may deem just and proper under the circumstances. COUNT VI Uniust Enrichment 22. Paragraphs 1 through 21 hereof are incorporated herein by reference thereto. 23. Defendant, through his actions, appreciated and retained benefits conferred by the Plaintiff s confidential information and his employment, including, but not limited to, techniques, documents and processes as well as Plaintiffs customer and employee information. 24. As a result of the circumstances under which these benefits were obtained, would be inequitable to allow Defendant to retain such benefits without payment of their value to Plaintiff. 25. Defendant has been unjustly enriched in an amount exceeding Ten Thousand ($10,000) Dollars. WHEREFORE, Plaintiff prays this Court to award Plaintiff an amount to be proven at trial 7 ;~c,-,,,,,,,,'f#l:. >.~ .~ ~." JL n! ,. . - 1 '~1~- " ~. - "<=1 ,~.~~e-. ~-"",,~ "","~~, "ll!"....,lW. ;M"'''''''''''~'''''~ " -- .".. .,~ - plus interest and costs. ""r"--""'~rm~ ".~f "\ ~~ _.,'....~" -~ ~ Respectfully submitted, 1. Re ickley 12 outh St. Harrisburg,PA 17101 (717) 234-0577 (717) 234-7832 Attorney for Plaintiff 8 -,,-- ~" ~'--. ~~~ - =~"'"~ ~~, ""I rm'" w"',--""""""", ,'~",.~,." , ", - ^' " " --"'. Premier Body Accents Independent Salesperson Agreement This agreement is made and effective ;)/7 JOJ by and between, Mike Genna, ~ Owner/Premier Body Accents, and f: OJJ,frf) 1611;?;.)! I J , Salesperson. (Becipient's Name) Recipient Status It is understood that by accepting a position for sales with Premier Body Accents you will be considered an independent contractor, who shall at the end of the current and any subsequent years in business association with said company receive a 1099 form and be held solely responsible for any taxes due federal, state and local governments. It is also understood by recipient that the independent contractor relationship is wholly voluntary and can be terminated at any time with or without cause by Premier Body Accents and! or the recipient without prior notice. It is agreed that the recipient will be compensated at a rate of20% of sales, 5% of which will be deducted weekly for the purposes of rent, supplies, leads and phone bills. After a period of 6 months from the onset of the recipient's business relationship with Premier a performance evaluation will be provided by the owner, upon which the recipient will be considered for an increased compensation rate. It is understood that an increase is not guaranteed, and that it will be based solely on the individual sales performance. fA i? Recipient Initials Confidential Information The owner proposes to disclose certain of his confidential and proprietary information to recipient. **NOTE: Confidential information shall include all cnstomer and prospective cnstomer information, data, materials, products, manuals, business plans, software, marketing plans, fmancial information, and other information disclosed or snbmitted, orally, in writing, or by other media, to recipient by owner. Confidential information disclosed orally shaD be identified as such within five days of disclosnre. Nothing herein shall require owner to disclose any information** The Recipient agrees that the confidential information is to be considered as such and proprietary to owner and shall hold the same in confidence, shall not use the confidential information other than for the purposes of-business with the owner and shall disclose it only to employees with a specific need to know. Recipient shall not disclose, publish, or EXHIBIT "A" ""m""."~!RI'!?!'>'1Ili',."," . " ~'l ".." ~, , ~r,'k""'_ ~ "9 ,~~"""';t,,;.< ,~v~,~_, . "".'~"" , , "~ . " ~- , - otherwise reveal any Confidential information received from owner to any other party whatsoever except with the specific prior written authorization of owner. The recipient shall not duplicate confidential information furnished in tangible form unless prior express authorization is given. Upon the request of the owner, recipientshalJ return all Confidential Information received in writing or tangible forms, including copies, reproductions, or other media containing such Confidential Information within 5 days of such requests. 1.-::(4 P Recipient Initials Non Compete Recipient acknowledges that as a condition of this agreement, in the event of termination, either voluntary or involuntary, of the business relationship established in the preceding document, that he/she will not engage in a competitive business for the period of 60 days, nor will he/she contact or solicit any customer with whom Premier Body Accents had conducted business during his/her association. This restrictive covenant shall be for a period of 60 days from termination and shall encompass an area within a 100-mile radius Premier's place of business. t:?:A-0eciPient Initials By signing, I am stating that I have read, nnderstood, and agreed to the terms outlined in the precedin document and shall adhere to the restrictions therein. (Recipient's Signa ~~~) ;<~( I ate) :2~/ ( (Date) 7pgl ate) Premier Body Accents 02/01/01 . ;:;ij~#IiI!.",""~ '_ ." ,~ .- ,...,....,mn'"'1 ~ "~","""",~ .,; <-,V,'d~" ,," -"', ~ "., _., ,", ~,."" . PREMIER BODY ACCENTS COMPANY POLICY AGREEMENT I SALES TEAM POLICY A. Monthlv Sales Reauirements: Salesmen are expected to meet the following requirements for sales volume each month: 1000 phone calls and 1800 minutes on the phone or$16,000 in sales per month. Failure to meet any of these requirements in any given month will result in the following: 1. Commission will be given on a sliding scale based on weekly performance (i.e, $0- $3000 at 10%, $3000 to $4000 at 12%, and $4000+ at 15%), This incentive commission will be given until the salesmen completes two consecutive months of sales at the minimum monthly requirements listed above. Salesmen phone bills will be reviewed at the end of each month and performance evaluations are available if requested. 2. If after two months of sliding scale commission the sales requirements are not met, the salesmen will receive a written warning for performance. If after three months the salesmen may receive a suspension for one week, or employment termination. 3. A 2.5% bonus will be given for any salesman who reaches $6000+ in any week, B, Return Policv: Orders will be shipped to any given customer a maximum of twD times. If on the second shipping attempt the order is returned, the salesmen will be charged back his/her commission and the cost of one of the shipping charges, C. BDunced Check Policv: Approving a company check for a customer is at the salesmen's discretiDn. The management places no terms of ugood faith" In any given customer. In the event that an order is receive and the customer's check bDunces. The salesmen will be responsible for the following:* 1. The CDSt of the jewelry 2. The commission received on the order 3. The shipping charge 4. Any other expense associated with the retrieval of the lost funds *If after paying for the cost of a bounced check, the funds are retrieved, the salesman is entitled to a refund for the cost of the jewelry and the shipping charge, D. Neaativitv In the Workplace: PrDductivity is based in part on our ability to work together. Negative comments or actions toward any other employee will not be tolerated. We are a team, and ridicule or harassment of any kind can compromise performance, Upon any instance of negative behavior, the employee may receive any of the following: a verbal warning, a written warning, suspension, and/or termination, 1. Examples of negativity include, but are not limited to, the following: '0 Ridlcule, harassment (verbal, physical, or sexual), intentionally causing distractions, goofing off, yelling at any co-worker, hanging out instead of working, EXHIBIT "B" ";'->"fl'~ ..^__._~'",. r ~ ,-- - -1 ~ ,.~-~~, , ~',', ~,~;".;O'''",'''' '" '--' ' ' ~" ,,~c__~ ".'<_'~' E. New EmlJlovee Policv: New employees will be paid on the sliding scale system until the minimum monthly requirements are met. .New employees are expected to adhere to all of the company policies outlined herein. - . . II. GENERAL COMPANY POLICY A. Absenteeism/Tardiness: In the event that an employee might be late, or miss a day of work, a phone call is expected no less than three hours before the shift begins. Salesmen who are late for a shift, or leave early, will lose the privilege of called In orders during the time period for which they are not at work, B. Off-Limit Areas: The following areas are off limits to all salesmen without express permission from the management: 1. Shipping Area 2. Any desk other than your own 3. Main phone line desks, including fax, postage machine, and filing cabinets C. Non-Comoetltioli Aareement: See attached form. III. CONSEQUENCES A. Failure to follow any of the policies described herein, or any policy addendum, may result in any of the following: a verbal Dr written warning (which will be Signed upon receipt), suspension for a period of time determined by the management, or employment termination. I understand and agree to the term cD~ A. ~o.MPON!c) PRINT NAME lined herein. r;::/;7 //\ I WT ~'<,~y~~ ,,~ . " ".". > ,~,,~ ~, """'-~, , ., .. '''''''''^ ,^ ""__~ '~, ,_"...-_!'l." j~~tr~-""'~"~'">"""""""""'-" '.. ,<,.' -~~ .- . VERIFICATION The foregoing Complaint is based on information which has been gathered by my counsel iri the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my information, knowledge and belief To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to Pa.C.S.A.g4904 relating to unsworn falsification to authorities; which provides that if 1 make knowingly false averments, I may be subject to criminal penalties. Date: /J )1,/JI i I 2 Ody:r .".o.""""r""-f""""~~~ 'I' iii! -,'","""""",,",.". "., ,-~ . " - , ~= ~~~," ,~, "'"1""'......= '" .' ;,;."(.~.",,,,,,~~_.,~.,~..~~<. "" ~'" ^N~ .'~. ~ . .. . VERIFICATION The foregoing Petition is based on information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my information, knowledge and belief To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to Pa.C.S,A~4904 relating to unsworn falsification to authorities; which provides that if I make knowingly false averments, I may be subject to criminal penalties, Date:~ 7 ----- ~ t'\'f~t,.,,<W'I" ~'~ '. r ~ ~. . , -~~ ~. ~, '.-" Il" ffl1i~, '~ k' ~~ "". '~ . '. . "' ''''"'1WIT'i,'''' , 'i'rr~"1""'iinili1\ii ''il'1lI1li'111.lIr'''''ff'''~1ii .-C) .~ ~1~J;1..l\!1l!I!!~~~;"'~~'f.';""i'f!''!''*'!!!;\~WI;!.-';UM!i~'',W'i'__~1\l~~ii.[,Jmjjij\i&,j[!-'rri!"'.H"")"F.'F"" """':".-J;-<.!c<1~~f~.~~,~i(i1~~4il.,~Ii\!~,.;'- "'~-:r> '..." MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERIAND COUNTY, PENNSYLVANIA v. No. 0/:: 5909 (ri~ EDWARD A. POMPONIO, Defendant IN EQUITY NOTICE YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you musttake 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 ";'-","__-.w.:~ .'~"""'~ ',." ,,_ - " 0, .~. ~ ..~ ~, "~ "'"" .~ ~", ~.~"'~ .'!$I", "~ MICHAEL GENNA, Vd/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMDN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-5909 {'~ EDWARD A. POMPONIO, Defendant IN EQUITY COMPLAINT 1. Plaintiff is Michael Genna, Vd/b/a Premier Body Accents, sole proprietorship organized under the laws of the Commonwealth of Pennsylvania with a principal place of business at 609 Ross Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Edward A. Pomponio, an adult individual currently residing at 652 Market St., Lemoyne, Cumberland County, Pennsylvania 17043. 3. At all times pertinent hereto, Plaintiff was in the business of marketing and distributing stainless jewelry nationwide. 4. On or about February 7, 2000 Defendant entered into an independent sales person agreement with Plaintiff which included in part a provision regarding confidential information and a provision regarding non-competition. A copy of said agreement is attached hereto, incorporated herein and marked Exhibit "A". 5. On May 17,2000 Defendant entered into an employment contract with Plaintiff which incorporated certain terms and conditions included in the independent salesperson agreement set forth in Exhibit "A". A copy of the employment contract is attached hereto, incorporated herein and marked Exhibit "B". 'i",~~ _." I ,,~.~", " ,."..... ~ .~ ~ " 6. The pertinent parts of the agreement set forth in Exhibits "A" and "B" provide as follows: a. In the event of termination, the Defendant will not engage in a competitive business for a period of sixty (60) days nor will he contact or solicit any customer with whom Premier Body Accent has conducted business with during his association. b. He shall not use confidential information, disclose, publish or otherwise reveal any confidential information received from the owner to any other party without written authorization other than for purposes of business with the owner (plaintiff). 7. On September 17,2001 Defendant resigned his position with the Plaintiff. 8. Sometime soon thereafter, Defendant either independently or in relationship with another or other businesses which manufactured and marketed stainless steel jewelry violated the terms and conditions of the agreements with Plaintiff contained in Exhibits "'A" and "B" in the following manner: a. Marketed body jewelry in the Harrisburg-Carlisle area. b. Called former customers and marketed to former customers of the Plaintiff, c. Called former customers of the Plaintiff and new customers indicating that he was still employed by the Plaintiff, d. Marketed to former customers of the Plaintiff and new customers indicating that he still was employed by the Plaintiff but submitted invoices from other manufacturers including Ring Leader or USS Manufacturing. 9. Plaintiffbelieves and therefore avers thatDefendant has diverted thousands of dollars 2 i~'~"'&'r:'!': .OC." "p, c--" . ~~ " M =0"""" ~!I a week from Plaintiff's business causing him economic and irreparable harm. COUNT I ,eREACH OF NON-COMPETITION AGREEMENT 10, Paragraphs 1 through 9 are hereby incorporated herein by reference thereto. 11. By marketing body jewelry within the Harrisburg-Carlisle area within sixty (60) days of his termination (resignation) and within a 100 mile radius of Plaintiff's place of business the Defendant has violated the terms and conditions of his agreements with Plaintiff as set forth in Exhibits "A" and "B". WHEREFORE, Plaintiff requests your Honorable Court to: a. Enjoin Defendant from continuing to violate the terms and conditions of his Non-Competition Agreement; b. Order and Direct Defendant to account to Plaintiff for all sales made to Plaintiff's customers or any other customers since his resignation; c. Order and Direct Defendant to pay to Plaintiff any monies made marketing body jewelry since his resignation; d. Such other and further relief as the Court shall deem just and proper under ;; i: the circumstances. ., " i ~ COUNT II BREACH OF CONFIDENTIAL INFORMATION AGREEMENT 12. Paragraphs 1 through 11 are incorporated herein by reference thereto. " ; ~ " 13. Defendant has used and is using confidential information of the Plaintiff's in viola- 3 :'!__1'tl~-li.~il!'1!l ,," " 1" ~, _." ,"m~~","","""" , ", >~,',~....~~~.,~ , " ,."""".." ~ '~-',' "~-~.,,~ ~,'" ~ ~, , ". " ~ ~ tion of the terms and conditions of his agreement with Plaintiff as setforth in Exhibits "A" and "B". 14. Plaintiffhas suffered economic harm due to Defendant's violation of his agreements with the Plaintiff. WHEREFORE, Plaintiff prays your Honorable Court to Order and Direct Defendant to: a. EnjoinDefendant from disseminating or furnishing any information regarding Plaintiff's customers and records to any third parties; b. Enjoin Defendant from disseminating or furnishing any information regarding Plaintiff s customers, potential customers or any other confidential information to any third party; c. Order and Direct Defendant to account to Plaintiff for all sales made to Plaintiff's customers or potential customers, and any contacts therewith, since the termination date; and d. Such other and further relief as the Court shall deem just and proper under the circwnstances. COUNT ill MONEY DAMAGES 15. Paragraphs 1 through 14 above are hereby incorporated herein by reference thereto. 16. On information received from reliable source, Plaintiffbelieves, and therefore avers, that since the termination/resignation date, the Defendant and others with whom he has established a business relationship has contacted customers, and potential customers of the Plaintiff and has been selling stainless steel jewelry to them. WHEREFORE, Plaintiff prays your Honorable Court to Order and Direct Defendant to: i': 4 0m~~",,, 0,' " ~~ - - ~I "f.";lJ~' a. Enjoin Defendant from contacting any customers or potential customers of Plaintiff; b. Account for all orders and monies received by him and anyone in a business relationship to him since September 17, 2001; c. Pay to the Plaintiff money damages in an amount to be determined plus interest and costs; d. Order and Direct Defendant to fully identifY all individuals involved in any other individuals soliciting sales from Plaintiff's customers or potential customers; e. Order and Direct Defendant to reimburse Plaintiff for any profit Plaintiff would have made from the sales to Plaintiff's customers and potential customers that were actually made by Defendant and for the loss of good will as a result of Defendant's misrepresentations of the facts to Plaintiff's customers and new customers; and f Such other and further relief as the Court may deem just and proper under the circumstances. COUNT IV TORTIOUS INTERFERENCE WITH BUSINESS RELATIONSHIPS 17. Paragraphs 1 through 16 hereof are incorporated herein by reference thereto. 18. On information received from reliable sources, Plaintiffbelieves, and therefore avers, that since the termination date, Defendant and those with whom he is in a business relationship at the present, have contacted customers of Plaintiff and new customers and falsely informed said customers that he was either continuing to work for the Plaintiff or no longer working with the 5 r'i','j~l'__',~r',"",__ 'r .N, ~"~+!.' " '~1' - .~~,...., "", > <. " ~".".,' 1J -".&~' ',""'~ ..'~..~ Plaintiff but continuing to market and sell to said customers body jewelry. 19. By means of the above described artifice, Defendant has obtained sales from prior customers of Plaint iff and new customers. WHEREFORE, Plaintiff prays your Honorable Court to: a. Enjoin Defendant from contacting any customers or potential customers of Plaintiff; b. Enjoin Defendant from representing to anyone that Plaintiff that he (Defendant) is still employed by the Plaintiff; and c. Enjoin Defendant from marketing body jewelry in violation of the terms and conditions of his agreements contained in Exhibits "A" and "BOO. COUNT V Fraud and Deception 20. Paragraphs 1 through 19 hereof are incorporated herein by reference thereto. 21. On information received from reliable sources, Plaintiffbelieves, and therefore avers, that since the termination date, Defendant has falsely and fraudulently represented to Plaintiff's customers and other customers that he continued to act on behalf of Plaintiff and marketed body jewelry to said customers. WHEREFORE, Plaintiff requests your Honorable Court to: a. Enjoin Defendant from contacting any customers of Plaintiff and/or any other customers in violation of the terms and conditions of his agreements with Plaintiff contained in Exhibits "A" and "BOO; 6 'h~;..~,"",~" .^_, '; , .""J ~"'1~ -- "-. . ~"~!~.~~, ,> -.". b. Order and Direct the Defendant to account to Plaintiff for all sales and solicitations made to Plaintiff's customers and/or other customers; c. Order and Direct Defendant to fully identifY all individuals involved in any other individuals soliciting sales from Plaintiff's customers or potential customers; d. Order and Direct Defendant to reimburse Plaintiff for any profit Plaintiff would have made from the sales to Plaintiff's customers and potential customers that were actually made by Defendant and for the loss of good will as a result of Defendant's misrepresentations of the facts to Plaintiff's customers and new customers; and e. Such other and further relief as the Court may deem just and proper under the circumstances. COUNT VI Uniust Enrichment 22. Paragraphs 1 through 21 hereof are incorporated herein by reference thereto. 23. Defendant, through his actions, appreciated and retained benefits conferred by the Plaintiff's confidential information and his employment, including, but not limited to, techniques, documents and processes as well as Plaintiff's customer and employee information. 24. As a result of the circumstances under which these benefits were obtained, would be inequitable to allow Defendant to retain such benefits without payment of their value to Plaintiff. 25. Defendant has been unjustly enriched in an amount exceeding Ten Thousand ($10,000) Dollars. WHEREFORE, Plaintiff prays this Court to award Plaintiff an amount to he proven at trial 7 "'-~":"'"'''''~ii"!>;''''''llI ,,' , c ,"." !~. .] ]', ".~ ,~ ~, , ".."" ..., "~ ~.' 1- plus interest and costs. Respectfully submitted, 1. Re ickley 12 outh St. Harrisburg, PA 17101 (717) 234-0577 (717) 234-7832 Attorney for Plaintiff 8 ".;"f'''''~>. eO.;"" 11 ~4~,.".",.. ,. "" ., "'I'~~ fil!J ".,~ " """""""" ~~~ 1'.=l1~ ~ " .._~ .-.~,' '" ~'''' - Premier Body Accents Independent Salesperson Agreement This agreement is made and effective :;/7 /0/ by and between, Mike Genna, ~ OwnerlPremier Body Accents, and l:ow..1r() f6l-1te.Al1 i) , Salesperson. (Recipient's Name) Recipient Status It is understood that by accepting a position for sales with Premier Body Accents you will be considered an independent contractor, who shall at the end of the current and any subsequent years in business association with said company receive a 1099 form and be held solely responsible for any taxes due federal, state and local governments. It is also understood by recipient that the independent contractor relationship is wholly voluntary and can be terminated at any time with or without cause by Premier Body Accents and/or the recipient without prior notice. It is agreed that the recipient will be compensated at a rate of 20"10 of sales, 5% of which will be deducted weekly for the purposes of rent, supplies, leads and phone bills. After a period of 6 months from the onset of the recipient's business relationship with Premier a performance evaluation will be provided by the owner, upon which the recipient will be considered for an increased compensation rate. It is understood that an increase is not guaranteed, and that it will be based solely on the individual sales performance. f A ~ Recipient Initials , i ; ~ 'I I I I '<I Confidential Information ;.':'l The owner proposes to disclose certain of his confidential and proprietary information to recipient. **NOTE: Confidential information shall include all customer and prospective customer information, data, materials, prodncts, manuals, bnsiness plans, software, marketing plans, fmancial information, and other information disclosed or submitted, orally, in writing, or by other media, to recipient by owner. Confidential information disclosed orally shall be identified as such within five days of disclosure. Nothing herein shall reqnire owner to disclose any information*'" The Recipient agrees that the confidential information is to be considered as such and proprietary to owner and shall hold the same in confidence, shall not use the confidential information other than for the purposes of-business with the owner and shall disclose it only to employees with a specific need to know. Recipient shall not disclose, publish, or EXHIBIT "A" ;1 , 'I j': ;",'\'~1t\w<!Jlj", ;""~~ , ~ "~~~ ," , T' . o ~ r' ~--,~ ,~~, - ""'"" ~=-"""',_...L"., 1Ii ,~ ~'.' ".' ^' - ' -~. ,. , other.wise reveal any confidential information received from owner to any other party whatsoever except with the specific prior written authorization of owner. The recipient shall not duplicate confidential information furnished in tangible form unless prior express authorization is given, Upon the request ofthe owner, recipient shall return all Confidential Information received in writing or tangible forms, including copies, reproductions, or other media containing such Confidential Information within 5 days of such requests. 1::4 P Recipient Initials Non Compete Recipient acknowledges that as a condition of this agreement, in the event of termination, either voluntary or involuntary, of the business relationship established in the preceding document, that he/she will not engage in a competitive business for the period of 60 days, nor will he/she contact or solicit any customer with whom Premier Body Accents had conducted business during his/her association. This restrictive covenant shall be for a period of 60 days from termination and shall encompass an area within a 100-mile radius Premier's place of business. ~iPient Initials By signing, I am stating that I have read, understood, and agreed to the terms ontIined in the precedin document and shall adhere to the restrictions tliIerein. (Recipient's Signa ure ~~-) d/t( I ate) #OJ (Date) '2 f3tt ( . ate) Premier Body Aa:ents 02l011ll1 ~i"'''''''~*~l """, "' "~:"'I " ~ ,. ~ '-, ^" --,'" ~ ""' ~~, ~.~ " "'~I~_ f'." ......,' .~- .." "_..,, ~ - . PREMIER BODY ACCENTS COMPANY POLICY AGREEMENT I SALES TEAM POLICY A. Monthlv Sales Reauirements: Salesmen are expected to meet the following requirements for sales volume each month: 1000 phone calls and 1800 minutes on the phone or$16,000 In sales per month. Failure to meet any of these requirements in any given month will result in the following: 1. Commission will be given on a sliding scale based on weekly performance (i.e. $0- $3000 at 10%, $3000 to $4000 at 12%, and $4000+ at 15%). This incentive commission will be given until the salesmen completes two consecutive months of sales at the minimum monthly requirements listed above. Salesmen phone bills will be reviewed at the end of each month and performance evaluations are available if requested. 2. If after twD months of sliding scale commission the sales requirements are not met, the salesmen will receive a written warning for performance. If after three months the salesmen may receive a suspension for one week, or employment termination, 3. A 2.5% bonus will be given for any salesman who reaches $6000+ in any week. B. Return Policv: Orders will be shipped to any given custDmer a maximum of two times. If on the second shipping attempt the order is returned, the salesmen will be charged back his/her cDmmission and the cost of one of the shipping charges. C. BDunced Check Policv: Approving a company check for a customer is at the salesmen's discretion. The management places no terms of "good faith" in any given customer. In the event that an order is receive and the customer's check bounces. The salesmen will be responsible for the following: * 1. The CDSt of the jewelry 2. The commission received on the order 3. The shipping charge 4. Any other expense associated with the retrieval of the lost funds *If after paying for the cost of a bounced check, the funds are retrieved, the salesman is entitled to a refund for the cost of the jewelry and the shipping charge. D, Neaativitv In the Workplace: Productivity is based in part on our ability to work together, Negative comments Dr actions toward any other employee will not be tolerated. We are a team, and ridicule or harassment of any kind can compromise performance. Upon any instance of negative behavior, the employee may receive any of the follOWing: a verbal warning, a written warning, suspension, and/or termination, 1. Examples of negativity include, but are not limited to, the following: 10 Ridlcule, harassment (verbal, physical, or sexual), intentionally causing distractions, gDofing off, yelling at any co-worker, hanging out instead of working, EXHIBIT "B" '\!1';.l\I1'~ .~~~-. ,. ~~, ,-~-..... ~ ,. < ".,.""", ~~.", ~"' =~~,~- . E. New Emolovee Policv: New employees will be paid on the sliding scale system until the minimum monthly requirements are met. New employees are expected to adhere to pll of the company policfes outlined herein. II, GENERAL COMPANY POLICY A. Absenteeism/Tardiness: In the event that an employee might be late, or miss a day of work, a phone call is expected no less than three hours before the shift begins. Salesmen who are late for a shift, or leave early, will lose the privilege of called in orders during the time period for which they are not at work, B. Off-Limit Areas: The following areas are off limits to all salesmen without express permission from the management: 1. Shipping Area 2. Any desk other than your own 3. Main phone line desks, ineluding fax, postage machine, and filing cabinets c. Non-Comoetition Aareement: See attached form. III. CONSEQUENCES A. Failure to follow any of the policies described herein, or any pDlicy addendum, may result in any of the following: a verbal or written warning (which will be signed upon receipt), suspension for a period Df time determined by the management, or employment termination. I understand and agree to the term cO~ A. ~o.MPON!c) PRINT NAME lined herein. ti/I*! ,,;:f'1J!l' 1"J:." '''''1''\ . 'I ~ ~~"~ I".,-~ "''1 ~ . VERIFICATION The foregoing Complaint is based on information which has been gathered by my counsel in the preparation of the lawsuit. The language of the docmnent is that of counsel and not my own. I have read the docmnent and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my information, knowledge and belief To the extent that the content of the docmnent is that of counsel, 1 have relied upon counsel in making this verification. This statement and verification are made subject to Pa.C.S.A.~4904 relating to unsworn falsification to authorities; which provides that if I make knowingly false averments, I may be subject to criminal penalties. Date: jJ /-g/JI I ! ody~ ,,_k'1i~.",,'~""*"I"'~ ~~ I'I'ftIilIll! " . . . ~,."". ~ "",~' I -;l'!iTJ'it.W. r<1Illll!!'~W~.-,~'J"l"""'ffi,,~~-r:, <=',>, _ ,~,,",~M<1"'(l0'''''*''''''''"'''"'''"'''i,:t;~;m;\i-!~~~~--''W1I'h!,y,;:,,''-.nT,.-e,,j", ,.-.... -."""..... "..". iU 1~:lr"rK$lIl!;i F:\FILESIDAT AFILE\Gendoc,cm\102206-response.\ MICHAEL GENNA, t/dlbla PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 01-5909 EQUITY EDWARD A. POMPONIO, Defendant IN EQUITY DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR PRELIMINARY INJUNCTIVE RELIEF TO: MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff, and his attorney, L. REX BICKLEY, ESQUIRE AND NOW, comes the Defendant, Edward A. Pomponio, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to admit or deny the averments of paragraph 3, and therefore those averments are denied in accordance with the Pennsylvania Rules of Civil Procedure. 4. Admitted in part, denied in part. It is admitted Defendant signed the document attached to Plaintiff's Complaint as Exhibit" A." By way of further response, Defendant signed the document attached to Plaintiff's Complaint as Exhibit "A" on February 7, 2001, rather than February 7, 2000 as characterized by the Plaintiff. The remaining averments of paragraph 4 constitute improper attempts to characterize or paraphrase provisions of a document which is a writing that speaks for itself, and are thus denied in accordance with the Pennsylvania Rules of Civil Procedure. 5. Denied. By way of further response, it is denied that the document attached to Plaintiff's Complaint as Exhibit "B" is an employment contract as characterized by the Plaintiff. Rather, the document is a Company Policy Agreement. Furthermore, the remaining averments of paragraph 5 constitute improper attempts to characterize or paraphrase provisions of a document which is a writing that speaks for itself, and are thus denied in accordance with the Pennsylvania Rules of Civil Procedure. HH;f_';~.4i, , ",.t' ""'" ,. q , . 6. Denied. By way of further response, the averments of paragraph 6 constitute improper attempts to characterize or paraphrase provisions of a document which is a writing that speaks for itself, and are thus denied in accordance with the Pennsylvania Rules of Civil Procedure. 7. Admitted. 8. Admitted in part, denied in part. It is admitted the Defendant marketed body jewelry in the Harrisburg-Carlisle area. All of the remaining averments of paragraph 8 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 9. Denied. All of the averments of paragraph 9 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 10. Denied. All of the averments of paragraph 10 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 11. Denied. All of the averments of paragraph 11 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 12. Denied. All of the averments of paragraph 12 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 13. Denied. All of the averments of paragraph 13 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. C'if<W,,!""ln... " ~,,>~ .. 'i - - ,... ,~ ~,,,,~ =.,">",~.""""'.',, ." ~,." 14. Denied. All of the averments of paragraph 14 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 15. Denied. All of the averments of paragraph 15 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 16. Denied. All of the averments of paragraph 16 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 17. Denied. All of the averments of paragraph 17 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 18. Denied. All of the averments of paragraph 18 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. NEW MATTER LACK OF CONSIDERATION 19. Paragraphs 1 through 18 are incorporated herein by reference as if fully set forth. 20. On or about January 200 I, Defendant and Plaintiff entered into an oral employment arrangement whereby Defendant would provide professional services to Plaintiff 21. The parties agreed that the oral employment arrangement referred to paragraph 20 herein would treat and compensate Defendant as an independent contractor under federal and Pennsylvania laws and regulations. ;;;'jif!".~M{fl.!} ,., ~,.. .,!"" ,~ '-' ,. , ~'-i-'''''''I''~''- ! ~~,,''''''~.7 "~~ V. V~',,""""""~"'~".,,~o. _..'. 22. From January 2001 to February 7,2001, Defendant provided professional services to Plaintiff as an independent contractor in exchange for compensation from Plaintiff as per the parties' oral employment arrangement. 23. On or about February 7, 2001, Plaintiff requested Defendant to execute an Independent Salesperson Agreement ("Agreement"), a copy of which is attached to Plaintiffs Complaint as Exhibit "A". 24. The Agreement included new restrictive confidentiality and noncompetition provisions which were not part of the parties' original oral employment arrangement. 25. Subsequent to Defendant's execution of the Agreement, Defendant's employment status, work duties and compensation did not change. 26. On or about March 2001, Plaintiff unilaterally ceased treating and compensating Defendant as an independent contractor, and commenced treating and compensating Defendant as an employee under federal and Pennsylvania laws and regulations. 27" At all times hereto, Defendant continued to provide professional services to Plaintiff and received no additional compensation or consideration from Plaintiff other than originally agreed by the parties in January 2001. 28. On or abOut May 17, 2001, Plaintiff issued and requested all employees to sign a Company Policy Agreement ("Policy"), a copy of which is attached to Plaintiff s Complaint as Exhibit "B", 29. Subsequent to Defendant's execution of the Policy, Defendant's employment status, work duties and compensation did not change. 30. The additional restrictive confidentiality and noncompetition provisions are contractual provisions that must be supported by consideration to be binding on the parties. 31. The additional restrictive confidentiality and noncompetition provisions are restraints on Defendant's ability to work and to earn a living. 32. Plaintiff failed to provide additional consideration to Defendant for these restrictive confidentiality and noncompetition provisions. 33. Due to the lack of consideration between the parties, these restrictive confidentiality and noncompetition provisions are not binding on the parties" ""~.'f"~"-'" 4.. "'.,... ,~ l' .~ .. u . ., " ~~ ~ e" ! ~C, "~'i"""~-~~'H"" ',' ',,"<'- 'h" '" .. 34. Due to the lack of consideration between the parties and the inequitable bargaining positions of the parties, Plaintiff is estopped from attempting to enforce these provisions against Defendant. WHEREFORE, Defendant requests that Plaintiff's request for a preliminary injunction be denied and Plaintiff's complaint be dismissed with prejudice NEW MATTER ILLEGALITY OF CONTRACT 35. Paragraphs 1 through 34 are incorporated herein by reference as iffully set forth. 36 The restrictive confidentiality and noncompetition provisions set forth in Exhibit "A" of Plaintiff's Complaint seek to restrain and restrict Defendant's ability to earn a living and seek employment. 37. The geographic scope of these confidentiality and noncompetition provisions set forth in Exhibit "A" of Plaintiff's Complaint is unduly restrictive on Defendant and impose an undue hardship on Defendant. 38. The temporal scope of these confidentiality and noncompetition provisions set forth in Exhibit "A" of Plaintiff's Complaint is unduly restrictive on Defendant and impose an undue hardship on Defendant. 39. Plaintiff has failed to allege with particularity any legitimate business interest in maintaining and enforcing the confidentiality and noncompetition provisions set forth in Exhibit" A" of Plaintiff's Complaint. 40. The confidentiality and noncompetition provisions set forth in Exhibit "A" ofPlaintiff's Complaint constitute a restraint on trade and competition. 41. The confidentiality and noncompetition provisions set forth in Exhibit" p,:' ofPlaintiff's Complaint are restraints on trade and competition, which are illegal and against the public policies of the Commonwealth of Pennsylvania. WHEREFORE, Defendant requests that Plaintiffs request for a preliminary injunction be denied and Plaintiff s complaint be dismissed with prejudice. ",'PN"'''''''WIf, ~~ "1.1 - -.",-- . ~~ ,,~, NEW MATTER PRELIMINARY INJUCTION REOUIREMENTS 42. Paragraphs 1 through 41 are incorporated herein by reference as iffully set forth. 43. Plaintiff fails to allege facts and circumstances, with specificity and particularity, substantiating the cause and nature of any irreparable harm Plaintiff will allegedly experience if the preliminary injunction is not granted. 44. Plaintiff fails to allege facts and circumstances, with specificity and particularity, substantiating Plaintiff's likelihood of succeeding on the merits of his claim against Defendant. 45. Plaintiff fails to allege facts and circumstances, with specificity and particularity, substantiating the public interest in allowing the grant of a preliminary injunction against Defendant. 46. Plaintiff fails to allege facts and circumstances, with specificity and particularity, substantiating Plaintiff's claim as not unduly harsh or restrictive on Defendant or other persons. 47. Plaintifffails to establish any clear and legitimate business interests in the enforcement of the restrictive confidentiality and noncompetition provisions against Defendant. 48. Plaintiff fails to establish, with specificity and particularity, the essential requirements necessary for the grant of an injunction against Defendant. WHEREFORE, Defendant requests that Plaintiff's request for a preliminary injunction be denied and Plaintiff's complaint be dismissed with prejudice. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By 1"/-..e.... , /tv'.Lt-:.-. Thomas J. ~ams, Esquire LD. No. 17512 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Date: October 7..} , 2001 , ''''j'''''fi'f~VJ'!IIl..!r " ~"., , " ,,~ , '1' ' ~ ~~ , . ; -- m'~r'-..' ~ ,"'""-, ;,c,," ~ "." ~ 18/22/2081 12:50 7172431850 t>.m~',!fJ OA(~~ 15/15 VEmICATION The foregoing Defendant's Response to Plaintiff's Petition for PreliminatyllnjunCtive Relief is b1l.'>Cd upon information which has been gathered by my counsel in the preparatijlO of the lawsuit The langu.age of the document is that of counsel and not my own. I have read the Idocument and to ~ I. . the extent tha.t it is based upon infonnation which I have given to my counsel, it i~ true and CDrrect to the best of my knowledge, information and belief. To the extent that the c011ten1 of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties oflS Pa as. Section 4904 relating to unsworn falsification to authorities, which provides that if I makel knowingly false averments, 1 may be subject to criminal penalties, '''14~I'!\"",,"-- ,,-J, ," ,,- I' ,I , ~~~~~ "" "'~~i1~'~'"--" '~~'. -', ," ' '~~"^ CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Marts on Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Defendant's Response to Plaintiff s Petition for Preliminary Injunctive Reliefwas served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: L. Rex Bickley, Esquire 121 South Street Harrisburg, PA 17101 MARTSON DEARDORFF WILLIAMS & OTTO R~tAftOAJ ac ine A. Decker Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: October t 3, 2001 ;"~If!>~, ~', ~ .., _,,"" 'I: ~~~ l~-> II" ,cs 131/ 11'.,'0' ,. " .,,~-" .~, ~,,..~,,. ~,,- ~'," -~" ~-~.,"',,~ . .'~" ',' "',"' '.6.... inl 'IDn"'r"'~'1f 'Tl [If" 1"11'1 Ini r nITW~I'f o ~ -oeD rJ1rT'- ;f; ,." ...:.:_1'",--. (J) ",.'. ~(j ~ :Jo..r.. ~ t-;~ )>c ~j -<. c,)" o ':-) -I 5"-.,) .\:'" :"':-, ;l~ ;~i'~ C) " .,_ -n ~i~~ U ~'.-1 5J, '-< ~) '" ,<,"",_~l'~w-i!~'~~ii',~iW@If""".1l'"""~~m"'i'>"ff~')j."~"~)',,;"'''i-'~1i";'''';''','-''-w,r-Fr'~~~'~~~''f!f~~'t;:. r~TTr 1'11'0'"'''' F:\FILES\DATAFlLE\Gendoc.cur\102206"aJlSwer.l MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vo NO. 01-5909 EQUITY EDWARD A. POMPONIO, Defendant IN EQUITY DEFENDANT'S ANSWER WITH NEW MATTER TO: MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, and his attorney, L. REX BICKLEY, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER WITlllN TWENTY (20) DAYS FROM SERVICE HEREOF OR JUDGMENT MAY BE ENTERED AGAINST YOu. AND NOW, comes the Defendant, Edward A. Pomponio, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Admitted. 20 Admitted. 3. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to admit or deny the averments of paragraph 3, and therefore those averments are denied in accordance with the Pennsylvania Rules of Civil Procedure. 4. Admitted in part, denied in part. It is admitted Defendant signed the document attached to Plaintiff's Complaint as Exhibit" A." By way of further response, Defendant signed the document attached to Plaintiff's Complaint as Exhibit "A" on February 7, 2001, rather than February 7, 2000 as characterized by the Plaintiff. The remaining averments of paragraph 4 constitute improper attempts to characterize or paraphrase provisions of a document which is a writing that speaks for itself, and are thus denied in accordance with the Pennsylvania Rules of Civil Procedure. 5. Denied. By way of further response, it is denied that the document attached to Plaintiff's Complaint as Exhibit "B" is an employment contract as characterized by the Plaintiff. Rather, the document is a Company Policy Agreement. Furthermore, the averments of paragraph 5 ''''IW___,c~ > ", -: '1~' " ~ - """r""" "~ ':""'""""-~",.,<"._..,--, "'. constitute improper attempts to characterize or paraphrase provisions of a document which is a writing that speaks for itself, and are thus denied in accordance with the Pennsylvania Rules of Civil Procedure. 6. Denied. By way of further response, the averments of paragraph 6 constitute improper attempts to characterize or paraphrase provisions of a document which is a writing that speaks for itself, and are thus denied in accordance with the Pennsylvania Rules of Civil Procedure. 7. Admitted. 8. Admitted in part, denied in part. It is admitted the Defendant marketed body jewelry in the Harrisburg-Carlisle area. All of the remaining averments of paragraph 8 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 9. Denied. All of the averments of paragraph 9 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 10. Denied. The averments of paragraph 10 are denied as averments to which no response is required under the Pennsylvania Rules of Civil Procedure. 11. Denied. All of the averments of paragraph 11 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 12. Denied. The averments of paragraph 12 are denied as averments to which no response is required under the Pennsylvania Rules of Civil Procedure. 13. Denied. All of the averments of paragraph 13 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. ";;"1f$.;~, ' ~~ ,", 1'" - - .- " ~~ ~v,," <' <~"__~'V' , 14. Denied. All of the averments of paragraph 14 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 15. Denied. The averments of paragraph 15 are denied as averments to which no response is required under the Pennsylvania Rules of Civil Procedure. 16. Admitted in part, denied in part It is admitted that Defendant has sold stainless steel jewelry since the date of his termination/resignation from Plaintiff's business. All of the remaining averments of paragraph 16 are denied either because they are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 17. Denied. The averments of paragraph 17 are denied as averments to which no response is required under the Pennsylvania Rules of Civil Procedure. 18. Denied. All of the averments of paragraph 18 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 19. Denied. All of the averments of paragraph 19 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 20. Denied. The averments of paragraph 20 are denied as averments to which no response is required under the Pennsylvania Rules of Civil Procedure. 21. Denied. All of the averments of paragraph 21 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. ,<~s-t:'~, ~ , ~ "~-r~ ......",.. ~ """"""'f_~il ~._ ~,~'_'w. 22. Denied. The averments of paragraph 22 are denied as averments to which no response is required under the Pennsylvania Rules of Civil Procedure. 23. Denied. All of the averments of paragraph 23 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 24. Denied. All of the averments of paragraph 24 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. 25. Denied. All of the averments of paragraph 25 are denied either because they are conclusions oflaw to which no response is required under the Pennsylvania Rules of Civil Procedure or because, after reasonable investigation, Defendant lacks sufficient knowledge to either admit or deny the averments, and therefore those averments are denied. NEW MATTER LACK OF CONSIDERATION 26. Paragraphs I through 25 are incorporated herein by reference as if fully set forth. 27. On or about January 2001, Defendant and Plaintiff entered into an oral employment arrangement whereby Defendant would provide professional services to Plaintiff. 28. The parties agreed that the oral employment arrangement referred to paragraph 27 herein would treat and compensate Defendant as an independent contractor under federal and Pennsylvania laws and regulations. 29. From January 200 I to February 7, 2001, Defendant provided professional services to Plaintiff as an independent contractor in exchange for compensation from Plaintiff as per the parties' oral employment arrangement. 30. On or about February 7, 2001, Plaintiff requested Defendant to execute an Independent Salesperson Agreement ("Agreement"), a copy of which is attached to Plaintiff's Complaint as Exhibit "A". "";~~-'''"''~ ..""..~.," ;"., " , r' , ~~~ ~. , r 31. The Agreement included new restrictive confidentiality and noncompetition provisions which were not part of the parties' original oral employment arrangement. 32. Subsequent to Defendant's execution of the Agreement, Defendant's employment status, work duties and compensation did not change. 33. On or about March 2001, Plaintiff unilaterally ceased treating and compensating Defendant as an independent contractor, and commenced treating and compensating Defendant as an employee under federal and Pennsylvania laws and regulations. 34. At all times hereto, Defendant continued to provide professional services to Plaintiff and received no additional compensation or consideration from Plaintiff other than originally agreed by the parties in January 2001. 35. On or about May 17, 200 I, Plaintiff issued and requested all employees to sign a Company Policy Agreement ("Policy"), a copy of which is attached to Plaintiff's Complaint as Exhibit "B". 36. Subsequent to Defendant's execution of the Policy, Defendant's employment status, work duties and compensation did not change. 3 7. The additional restrictive confidentiality and noncompetition provisions are contractual provisions that must be supported by consideration to be binding on the parties. 37. The additional restrictive confidentiality and noncompetition provisions are restraints on Defendant's ability to work and to earn a living. 3&. Plaintiff failed to provide additional consideration to Defendant for these restrictive confidentiality and noncompetition provisions. 39. Due to the lack of consideration between the parties, these restrictive confidentiality and noncompetition provisions are not binding on the parties. 40. Due to the lack of consideration between the parties and the inequitable bargaining positions of the parties, Plaintiff is estopped from attempting to enforce these provisions against Defendant. WHEREFORE, Defendant requests that Plaintiff's complaint be dismissed with prejudice. ,~,"""''''~~. ,. I" . . ~ .."........., -~ ~ ~"'^. ,"_~~ '''r.~' ~~..~" ,...,~. _ NEW MATTER ILLEGALITY OF CONTRACT 41. Paragraphs I through 40 are incorporated herein by reference as if fully set forth. 42. The restrictive confidentiality and noncompetition provisions set forth in Exhibit "A" of Plaintiff's Complaint seek to restrain and restrict Defendant's ability to earn a living and seek employment. 43. The geographic scope of these confidentiality and noncompetition provisions set forth in Exhibit "A" of Plaintiff's Complaint is unduly restrictive on Defendant and impose an undue hardship on Defendant. 44. The temporal scope of these confidentiality and noncompetition provisions set forth in Exhibit "A" of Plaintiff's Complaint is unduly restrictive on Defendant and impose an undue hardship on Defendant. 45. Plaintiff has failed to allege with particularity any legitimate business interest in maintaining and enforcing the confidentiality and noncompetition provisions set forth in Exhibit "A" of Plaintiff's Complaint. 46. The confidentiality and noncompetition provisions set forth in Exhibit" A" of Plaintiff' s Complaint constitute a restraint on trade and competition. 47. The confidentiality and noncompetition provisions set forth in Exhibit" A" ofPlaintijf s Complaint are restraints on trade and competition, which are illegal and against the public policies of the Commonwealth of Pennsylvania. WHEREFORE, Defendant requests that Plaintiff's complaint be dismissed with prejudice. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO Date October z,.) , 200 I By ~L,A-} U':- Thomas J. WiIlfams, Esquire LD. No. 17512 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant 5"-;J;f"'!ff''''''''_.' '" 1" ~ ~ -~ ~ ._~~ """""',.~~", 1~/22/20~1 12:50 n 7243185~ MDOf.J PAGE 08/15 VERIFICATION The foregoing Defendant's Answer with New Matter is based upon info ation which has been ga.thered by my counsel in the preparation of the lawsuit. The language of the acument is that of counsel and not my own. I have read the document and to the extent that t is based upon information which I have giyen to my counsel, it is tme and ccrrect to the best o. my knowledge, lnformation and belief. To the extent that the content ofthe documel\t is that of cou sel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of18 Pa. C S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make . gly false averments, I may be subject to criminal penalties. '.-~,'~\!I' o/~*"'~~ ''1''... .. r .",,,. CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: L. Rex Bickley, Esquire 121 South Street Harrisburg, PA 17101 MARTSON DEARDORFF WILLIAMS & OTTO Dated: October 23,2001 '\i"-"'l':l"'\~. .~._ ~ ~- , ~ "" , ,~"'''" ,... l:'s (311 Hot ~=. ~.", '~~ - '''.'~, -"",.,,~-~ rr- JI1'01 0 0 0 C ~ -', "Dcn => i~ " --< <~J r-- --"::' '" ~C'5 .~('''' po _. i:~! _.'.-'. , 1',) (~) Z ---j =<! ", 10.- :'::J --< - ._~ ~~, ,11 _",".~1W:ltIfflM'il~~~~~!f.i\Wfjljlt\'1W.~_~!i1__'l~~;.(I'''-,"J.'),-;;i',''',,"C!:n:l:q!'i!",,;j~~~j~i!I~.!l'$itmW~~l%-~_"'_:"'~1_-~ F:\FILESIDATAFILE\Gcndoc.cur\102206-pra_1 J\ MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW v. NO. 01-5909 EQUITY EDWARD A. POMPONIO, Defendant IN EQUITY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO lNJ1~ ~ By I .c.a. Thomas 1. W' i s, Esquire I.D. No. 17512 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Date: October 23,2001 "''''''%''R't0!~'';'' "''', '_'.' 'r,'. <<. -~~ '-. - I ' 'c_"1 ~- - '" CERTIFICATE OF SERVICE 1, Jacqueline A. Decker, an authorized agent of Marts on DeardorffWiIIiams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: L. Rex Bickley, Esquire 121 South Street Harrisburg, PA 17101 MARTSON DEARDORFF WILLIAMS & OTTO By cq ine A. Decker I . en st HIgh Street Carlisle, PA 17013 (717) 243-3341 Dated: October 23, 2001 ":"Wl">",~ ! 1,,'-" = 'In, ^ '"' ~ .. ' ~ -, ~'. . .. Es (3# -"~. ;r, ,-"~, ~, w"_~ "~,_~" '"~' "--'".~ -,' ,', I"'~.'~ ',e_,'''.." ;:;'0;_ .", 'ufr'mrrr~f~[1Jl~'17:!1f'fk,~~'i '_0_) ",riTIrf--'~"""_~~'tffb"'[9"i"ri1~'~ii;~~ ... 0 a C C) :? -r;1 "1") ..';:; C) n"l~ t-., 2f..:.~ -; i%f;:' N -< '" .f;:" r:::c ~ - ~ )>~ 2\.~' ;;;0 ~-2 2 '....} =< ,'V S! .--;--. =< -l!1",~j~1~""'!'l\I~-~,~-I'!-~~~~1Jl'~rW'J:)"t<;!!!""';F"~""""''''4'''''~''--' -"""';'''--'-''' -';->';"''''''-'''11''h',~'''-,~'m-1'W~'-1.i1'''''iW<''~'_''~''f''l:-F''~--''-'-f''''J'''1':'':'fH}1-;:'1I':~~J: I' ., r MICHAEL GENNA, Vd/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA v. No. 01-5909 EDWARD A. POMPONIO, Defendant IN EQUITY ORDER ]/VI AND NOW, this'~ day of October, 2001, upon consideration of the Praecipe (Motion) to Withdraw Petition for a Preliminary Injunctive Relief, the hearing presently scheduled in this matter for October 26, 2001 at 2:30 P.M. is hereby canceled. c..c.. ~ L. ~L){ 'A.' J/~t ls q . /I)/(, Eclu;l,ttd itJmflll,,/a \J~--J0 ~~\' \' ~ .D'" V ,'J--\J '\\:) ':0"Jro~il1,~ ~~~ ~ . I~ ,,~<~ " ."",,"- ..~ . ~.,~",,~,~l"liE' ..~.):i~h~r..}ji;(.....i0.illiJ~h.J.3-.;.M..\;a~..1i~i.-Q;o-...Wlfi;ii...Ni(..!1WiG;d"",;,,,;:dj:c"-'-,<~,-S';;;i',<;;-' '-'"do"-,,,',,},';:'" ,",-'--'~"--t",IJ@i1Il.~"liiii:1\~f~ii.'II'It';;i:ilQ;;j.i"'f1<-v.!>~;~~-"Li :::1' ;: I i - (~)i ~r~iCE .'.Ot.I(I'/"/,R\, ,,~ h t o I OCT 25 F)., 3 n ..: 28 CU' 'Iii"',", .... . " ~,-, ,LF.r,! i Ci"UNJY PENNSYL1IAIVr,\ ' . . '. .. ~IU~W....llIJ~llll.,t&....il.~J~l.,~.LI)..L'!":'d;.*.~,I.,.l!1i) .. ,., ., ,~ '-'~""'~"""'"""'"'''''''-IIf''- mil ... - .- -~ . , . MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-5909 EDWARD A. POMPONIO, Defendant IN EQUITY PRAECIPE (MOTION) TO WITHDRAW PETITION FOR PRELIMINARY INJUNCTIVE RELIEF 1. On October 11, 2001, Plaintiff7petitioner Michael Gemm filed a Complaint above docketed against Edward A. Pomponio and also filed a companion Petition for a Preliminary Injunctive Relief docketed to the same term and number. 2. A hearing was scheduled with respect to the Petition for a Preliminary Injunctive Relieffor October 26, 2001 at 2:30 P.M. 3. The Plaintifflpetitioner Michael Genna hereby withdraws his Petition for a Preliminary Injunctive Relief and requests that the hearing presently scheduled be canceled. 4. This Praecipe (Motion) does not affect the companion Complaint filed in this matter above docketed. Respectfully submitted, L<~ 121 South St. Harrisburg, P A 17101 (717) 234-0577 (717) 234.7832 Attorney for Plaintiff '/c'if1l%:'\fJ1_ ,_"','"'"-'0,,, _ ,A'~"','_"~ r-r'''~''''-''''~''''~- ~~," - ~.~~ ~~~ f;;' '" ~- -~" -"~ ,',- "". , LAW OFFICES L. REX BICKLEY I 2 I SOUTH SlREEr HARRISBURG. PENNSYLVANIA 17 101 (7 I 7) 234-0577 FAX: (7 I 7) 234-7632 October 23,2001 The Honorable Edward Guido Judge of the Court of Common Pleas of Cumberland County Cumberland County Court House 1 Court House Square Carlisle, PA 17013 Re: Michael Genna! Vd/b/a Premier Body Accents vs. Edward A. Pomponio Dear Judge Guido: As per my telephone conversation with Sandy this morning, please fmd enclosed a copy of a Praecipe (Motion) I have filed on behalf of Mr. Genna. I have also included an Order if you deem that necessary. The original was sent to the ProthonotaIY's Office. If you have any questions or concerns, please feel free to contact me. ,"~I "-, ".,,_,~_,_. ~_ = ~~ --, , ,'" SHERIFF'S RETURN - REGULAR CASE NO: 2001-05909 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENNA MICHAEL T/D/B/A PREMIER VS POMPONIO EDWARD A KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE was served upon POMPONIO EDWARD A the DEFENDANT , at 1815:00 HOURS, on the 19th day of October ,2001 at 652B MARKET ST LEYMOYNE, PA 17043 by handing to EDWARD A POMPONIO a true and attested copy of RULE TO SHOW CAUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 10.40 .00 .00 .00 10.40 So Answers: r~~."<~ R. Thomas Kline 10/23/2001 L REX BICKLEY me this 3/.-J- day of Sworn and Subscribed to before By: (9~ ;lev/ A.D. (-)~~ f2 ~ ~ Ip othonotary . ;;n>'i'J>~~ T ".~, =~~- , I ~,m ~ ~, , "..,. - SHERIFF'S RETURN - REGULAR ~ . CASE NO: 2001-05909 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENNA MICHAEL T/D/B/A PREMIER VS POMPONIO EDWARD A DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within PETITION AND COMPLAINT was served upon POMPONIO EDWARD A the DEFENDANT , at 1810:00 HOURS, on the 17th day of October 2001 at 652B MARKET ST LEYMOYNE, PA 17043 by handing to EDWARD A POMPONIO a true and attested copy of PETITION AND COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers; 18.00 10.40 .00 10.00 .00 38.40 r~~~~~ R. Thomas Kline me this 3\.AJ- day of 10/18/2001 L REX BICKLEY BY;~a-um ~ ~ Deputy Sheriff Sworn and Subscribed to before QJ~ d.IMI A.D. Q.'t< . a.Iu,pf';'i~ P othonotary -<Z*""'jr~ '~".'""'1'w ~ . '"""1-' .~......... ~ "'~~~~_. '''" ""--~Y.' MICHAEL GENNA, tld/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-5909 EOWARD A. POMPONIO, Defendant IN EQUITY ORDER AND NOW, this 2- a.r~y of October, 2001, upon consideration of the Praecipe (Motion) to Withdraw Petition for a Preliminary Injunctive Relief, the hearing presently scheduled in this matter for October 26,2001 at 2:30 P.M. is hereby canceled. BY THE COURT: """'_"'o:<''''''''''~'~''''~~,~ 'c __'-' ' "'" ~-~~-,-:-~~?,..,., i ~~ ~, ."",,,,,,- .J 'Tl m I'~" - Z ~ ~'-: W f"'--, z~:: Cl Cf?2:::. C) -<;. .0::.- - -. ~:;} ,<Ci J;';L~ -- ---;--'1 J..--"',...." -:.!' .~. c5 z~' ;p.Ci - ;'~:~cn _.' C .. ~ Z .:::> ~ :0 ...J -< - ,... 1. l 'P~ ~ , C> ..... 'IT' 1. - ~.. . ,,"~ ,- .~ ,,'_","~." ''''''_......'''<e-''=r__'~<'__,'-" _,.~'_~_~,~_~~, -~-"I~ _j~:K ~~01Ilif.,''"''li'>''r11>!K''""-,,!rl'''1'''"I;;,-'N''~iJ..~'i1i'FP';;,'i'''--. f";i; MICHAEL GENNA, Vd/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-5909 EDWARD A. POMPONIO, Defendant IN EQUITY PRAECIPE (MOTION) TO WITHDRAW PETITION FOR PRELIMINARY INJUNCTIVE RELIEF 1. On October 11,2001, PlaintifflPetitioner Michael Genna filed a Complaint above docketed against Edward A. Pomponio and also filed a companion Petition for a Preliminary Injunctive Relief docketedto the same term and number. 2. A hearing was scheduled with respect to the Petition for a Preliminary Irijunctive Relieffor October 26, 2001 at 2:30 P.M. 3. The PlaintifflPetitioner Michael Genna hereby withdraws his Petition for a Preliminary Injunctive Relief and requests that the hearing presently scheduled be canceled. 4. This Praecipe (Motion) does not affect the companion Complaint filed in this matter above docketed. Respectfully submitted, ~ 1. Rex Bic 121 South St. Harrisburg, PA 17101 (717) 234"0577 (717) 234-7832 Attorney for Plaintiff ~'" ';00- ""o-r'*"""_>l11,1!!,,"_ ,-< ~~ ~" I . ~ " ~ ~ 8-11 ~"""- -1111I1 ., ~~ "' c' "~" _ , -~ r ,,- "- ~ ,,"(,,-_ < w," <"""_",v""_,,=-,,,,,~.~_ ~n 0 C:~' C ::?~ 0' '"OeD n1rn C'J ~S'~ ""r"i! !,.,J -<:2_ (j r:;:-. ~u -') --..;-(~ ~C< ~'--- ~'C "-,,--,' r2:' ::'''1 =< '.l1 ~D ~~ U ~IW!~"''f1'0'~-'''w4m!!'lW-l;l:;;~w'(~lllIIIi.'i!~Jl~\Ii;o~t~!?~t:''1-'?'~f,T?'''~~.'""-:-,l, 'C' -""!"""'.'B1~;;C;,*"""'--:'-i";-"- HUI , \' .-';0_,,-,"_ -"-'-"'-'X'f1'w'i,'n+1i#j~ . MICHAEL GENNA, tJd/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 015909 EDWARD A. POMPONIO, Defendant IN EQillTY ANSWER TO NEW MATTER 26. No response necessary. 27. Admitted. 28. Admitted. 29. Admitted. 30. Admitted. 31. Denied. The provisions included in the Agreement were part of the parties' original oral employment arrangement. More specifically, the Defendant agreed to accept employment from the Plaintiff upon condition that he agreed to confidentiality and non-competition provisions which would later be incorporated into the Agreement. 32. Admitted. 33. Admitted in part and denied in part. It is admitted that the Plaintiffbegan to treat the Defendant as an employee but did so with the consent of the Defendant who continued to remain in the Plaintiff's employment and benefit therefrom for several months thereafter. 34. Denied. The Defendant was provided the one (1 %) percent raise in commissions. 35. Admitted. 1"""''','lf"'ml~'lC,,,,._'T " I.....;" ~, - - , 36. Denied. Defendant received an incentive bonus of two and one llalf(2.5%) percent based on his sales performance. Additionally, as an employee he was required to abide by the terms and conditions of the Agreement. 37. The extent to which Paragraph 37 contains a conclusion of law no response is necessary. Denied. The Agreement was supported by consideration. The Defendant was provided increases and incentives as set forth above, in addition to which he continued to receive the economic benefit of his employment with the Plaintiff. 37. The extent to which Paragraph 37 contains a conclusion of law no response is necessary. Denied. The Agreement was supported by consideration. The Defendant was provided increases and incentives as set forth above, in addition to which he continued to receive the economic benefit of his employment with the Plaintiff. 38. Denied. As set forth in Paragraph 37 above. 39. Paragraph 39 contains conclusion oflaw to which no response is necessary. 40. Paragraph 40 contains conclusion oflaw to which no response is necessary. 41. Paragraph 41 contains conclusion of law to which no response is necessary. 42. Paragraph 42 contains conclusion oflaw to which no response is necessary. To the extent that Paragraph 42 contains a factual averment, it is denied the extent to which the Defendant is not prohibited from seeking employment and earning a living beyond the purview of the Agreement. 43. Paragraph 43 contains conclusion of law to which no response is necessary. 44. Paragraph 44 contains conclusion of law to which no response is necessary. 45. Denied as set forth above. Additionally, Paragraph 45 contains a legal conclusion 2 ;9"",''',::=1" '" -,'-~ ,-- ,--^ r' " _, 1 ,~, it 1- , , to which no response is necessary. 46. Paragraph 46 contains a legal conclusion oflaw to which no response is necessary. 47. Paragraph 47 contains a legal conclusion ofIaw to which no response is necessary. Respectfully submitted, <::::::- L. Re ckley 121 outh St. Harrisburg,PA 17101 (717) 234-0577 (717) 234-7832 Attorney for Plaintiff 3 ;;m~..,"_ , _ "_", ;':""-' ,,_ ..11'. _ ' ," _. _. \~"~" -- H'; I " ^- VERIFICATION I, Michael Genna, verily that the statements made in the foregoing Answer to New Matter is true and correct to the best of my information, knowledge and belief. I understand that false statements made herein are made subject to Pa.C.S.A.g4904 relating to unsworn falsification to authorities. Date:~ Michae -'^""f;",,,-;,,,,,,,~~~.,,,~~_,_ '. ,_~.. ,jIlIII.~~ 0""_ , .~ 'Nfl:rllln' if. L mn II niHil. 'iUJilUI'im\i'Ci"'r""i' ,,' "W"~"__" ,.,. ''"1""' , ~ " . .%i ~~H~*,1<-wn~""'''''''''''''J'~1~!!.I'~~~~J!1;!r:i'~;,'Wj.r!I;~,""",< , ^'~~__ ~"~,~, 0 " -J~' n (::) c: "GL' C;U ./--.) -;~. t (/1 ~: -'-., ..-- r:-..: (.' ~=~-~-: /'1- "'_-c_. ---, - -,,;,tN;!,,"'C_-,_~l_"-' c:::.' ~,,) :"':) cr, , .. ~'~- ,. """ ~ MICHAEL GENNA, tJdlbla PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NQ.015909 EDWARD A. POMPONIO, Defendant IN EQUITY ORDER AND NOW, this _ day of March, 2002, upon consideration of Plaintiff's Motion to Compel, Defendant is hereby Ordered to provide Answers to Plaintiff's Interrogatories within twenty (20) days of service of this Order or suffer sanctions pursuant to Pa. RC.P 419. BY THE COURT: 1. Ik~,~~,l t ~ ~_ ~'"" ,"""" MICHAEL GENNA, tJdlbla PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 015909 EDWARD A. POMPONIO, Defendant IN EQUITY PLAINTIFF'S MOTION TO COMPEL 1. A Complaint was filed by Plaintiff in the Court of Common Pleas of Cumberland County docketed to No. 015909 on October 11,2001. 2. On November 12, 2001 Plaintiff Michael Genna, through his counsel, served on Edward Pomponio's counsel, Thoms Williams, Esq., Interrogatories. 3. On December 17, 2001 Plaintiff's counsel directed to Defendant's counsel a letter regarding the Interrogatories which were overdue at that time. A copy of said letter is attached hereto. 4. On January 4, 2002 Plaintiff s counsel received the Answers to the Interrogatories. 5. However, the Answers were insufficient and incomplete and consequently on January 15, 2002 Defendant's counsel sent another set of Interrogatories in part reiterating the Interrogatories initially propounded. A copy of said letter is attached hereto. 6. As of this date, Defendant has neither filed Objections to Plaintiffs requests for discovery nor has he adequately answered the first set of Interrogatories nor has he answered the second set ofInterrogatories at all. r_~r__'~~,_,p ,_~ .. _ ~n ~, . ~ . WHEREFORE, Plaintiff Michael Genna respectfully requests your Honorable Court to order the Defendant to complete answers to Interrogatories. Respectfully submitted, C- 1. REX KLEY 121 S th Street H sburg, PA 17101 17) 234-0577 (717) 234-7832 FAX 'i-'~""~~J'I' ...,..~ ~~ .- . ~ f'-- N -e- _ . CERTIFICATE OF SERVICE I, L. Rex Bickley, Esquire, hereby certify that on this j!1day of March, 2002, I served a true and correct copy of the foregoing Motion on the following by depositing a copy of the same in the u. S. mail, postage prepaid, first class postage addressed as follows: Thomas 1. Williams, Esq. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High St. Carlisle, P A 17013 Attorney for Defendant ~7 L. BICKLEY 1 South Street Harrisburg, P A 17101 (717) 234-0577 (717) 234-7832 FAX ~~~!l' _^ ~, - -.~ 1 - " "I 1 .ll~'''-W'-"'-'"'f tr':':'M'';'-Ci':~~"~,,, 'sc'",,;0.h',,-",_,,' '-':, . -_C<'~'"~"--_ . o ",W," "_. ,~, >>, ""ili"'c--"O'-""""--"'^"~ ~"~ b=~ '~~~~%!"'O'::~C_M"",,~I$i!!:'JliI',~~~fi!.MtJ:'~?~,,,'''I;-':''J',;'''''''-'''"''''--;,-d'!l' [Dr':-' ~~::- r::-.:: ',- " ~~~ :::3 -, t) f; II . ,- f'.,,) ::J ,..:. , "''', \.0 -1-' , , :'--'- o , , ;:~~rn .::--l 5:) ......,;; p-r-- gj: .' _ ,_. ;;' "'~"C>' "----'~">:',,"~,;'~~~~~rmJa.S"""_,~~~~ ~~. RXi. o ~ o(l ~ ~ g~ ~~ ,A' <') ~ ~O ;.::::.~V'Jt- :-;:: Q ib- ~:z;;.;:;-< ..;o......p., "'CIl~ ' S ~E-< ~ ~ 63"5 E-< E-<U 0 , ~ >- ~ z W w < .J w > <J1 " ~ ~ w ,. u U ~ <J1 i;: <J1 Z ~ ill r z 0 ~ w ~ X ::J a. < W 0 <5 ~ 0:: I/) ~ '" ::J .J III I/) ~ ~ < r ~cc.....l - '- " ~' =>, - o - ..... - >. <r: Q) . p.., :;;;J i!i2 . .8 ;s 00 1:Q::>,g ~.)5 .~'" P<::- ~~ 0 ~ < >- ~ z W w < (j) .J W > :to a: ~ w .~ u U ~ ;;: (j) tIl - .z " III ~ z 0 ~ w ~ x :> ~ W 0 <5 ~ 0: (j) a: ...J iij :> - Dl (j) a: a: < ~ " <:! ;J'l'_ MAR? f.! tOOZ\) .. MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA v. No. 015909 EDWARD A. POMPONIO, Defendant IN EQUITY ORDER AND NOW, this _ day of March, 2002, upon consideration of Plaintiffs Motion to Compel, Defendant is hereby Ordered to provide Answers to Plaintiff's Interrogatories within twenty (20) days of service of this Order or suffer sanctions pursuant to Pa. R.C.P 419. BY THE COURT: 1. ,- ,- ."" "". " ~ ~ , 1 . ~" MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA o ~0 n ~;h IN EQUITY o ~i -on:,; 111F~ -7 -1' Z[ ~~:E: r:::c, ;PC Zc'i ;Pc:': ~;;r 'Cl -) -, I:'-"" :~, v. NQ. 015909 \.0 9 ;~i~ 7~5l n --..\ ;;...... '0 =< EDWARD A. POMPONIO, Defendant :r.:;;~'" PLAINTIFF'S MOTION TO COMPEL 1. A Complaint was filed by Plaintiff in the Court of Common Pleas of Cumberland County docketed to No. 015909 on October 11, 2001. 2. On November 12,2001 Plaintiff Michael Genna, through his counsel, served on Edward Pomponio's counsel, Thoms Williams, Esq., Interrogatories. 3. On December 17, 2001 Plaintiffs counsel directed to Defendant's counsel a letter regarding the Interrogatories which were overdue at that time. A copy of said letter is attached hereto. 4. On January 4, 2002 Plaintiffs counsel received the Answers to the Interrogatories. 5. However, the Answers were insufficient and incomplete and consequently on January 15, 2002 Defendant's counsel sent another set of Interrogatories in part reiterating the Interrogatories initially propounded. A copy of said letter is attached hereto. 6. As of this date, Defendant has neither filed Objections to Plaintiffs requests for discovery nor has he adequately answered the first set of Interrogatories nor has he answered the second set ofInterrogatories at all. , ~1-!i;;,,,,, -.'"_ _ O? ,..-,..~ .~~~~ .. WHEREFORE, Plaintiff Michael Genna respectfully requests your Honorable Court to order the Defendant to complete answers to Interrogatories. Respectfully submitted, L. 121 Sout treet Harris g, PA 17101 (717 34-0577 (717) 234-7832 FAX '(m>- ,_ ~:, '" ., , , -~ ,1 =, " " . CERTIFICATE OF SERVICE I, L. Rex Bickley, Esquire, hereby certify that on this {J~y of March, 2002, I served a true and correct copy of the foregoing Motion on the following by depositing a copy of the same in the u.s. mail, postage prepaid, first class postage addressed as follows: Thomas 1. Williams, Esq. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High St. Carlisle, PA 17013 Attorney for Defendant '-'-,':"\1,_, _ ,. l' - -. ~ ~ ,-' , MAR 2 0 2002 '> MICHAEL GENNA, tJd/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 015909 EDWARD A. POMPONIO, Defendant IN EQUITY ORDER AND NOW, this _ day of March, 2002, upon consideration of Plaintiffs Motion to Compel, Defendant is hereby Ordered to provide Answers to Plaintiff's Interrogatories within twenty (20) days of service of this Order or suffer sanctions pursuantto Pa. R.c.p 419. BY THE COURT: J. :~';J: ::<f_r., , ll!l_, ."- "I, I I ~ -, =R.,_ , ~, MAR 2 0 2002_'9 MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 015909 EDWARD A. POMPONIO, Defendant IN EQUITY ORDER AND NOW, this _ day of March, 2002, upon consideration of Plaintiff's Motion to Compel, Defendant is hereby Ordered to provide Answers to Plaintiffs Interrogatories within twenty (20) days of service of this Order or suffer sanctions pursuant to Pa. RC.P 419. BY THE COURT: J. ,:_Wi, ._, _ ,_,. _'_ l:r~ ,-,- ~~ , ...-..~="~,.",~ "-~" -,',-" ,"- " '--' --~ - ~ ~ MICHAEL GENNA, tld/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CillvffiERLAND COUNTY, PENNSYLVANIA v. No. 015900 EDWARD A. POMPONIO, Defendant IN EQUITY ORDER AND NOW, this day of March, 2002, upon consideration of Plaintiff s Supplemental Motion Exhibits attached to said Motion may be incorporated into the Motion to Compel filed in this matter on March 19,2002. BY THE COURT: 1. 1_"'~"-';i"'-~ =~,,'~ ~ _ ," ~ - ~..-" -''f-'~_" MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 015900 EDWARD A. POMPONIO, Defendant IN EQUITY ORDER AND NOW, this day of March, 2002, upon consideration of Plaintiff s Supplemental Motion Exhibits attached to said Motion may be incorporated into the Motion to Compel filed in this matter on March 19,2002. BY THE COURT: J. ~ "," ." '1"'~ ' ,-" ~ " IIilIln!\l _~"~~, MAR 2 0 2002 Y MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND mUNTY, PENNSYLVANIA v. No. 015909 EDWARD A POMPONIO, Defendant IN EQUITY ORDER A!\l]) NOW, this _ day of March, 2002, upon consideration of Plaintiff's Motion to Compel, Defendant is hereby Ordered to provide Answers to Plaintiff's Interrogatories within twenty (20) days of service of this Order or suffer sanctions pursuant to Pa. R.c.p 419. BY THE COURT: 1. 'licWV"Il'1i\I'Wl -" ~ 1'-"'"' ~, ,,-- , 'I 1 .', r""~~"~ ~~,~ MICHAEL GENNA, tldlbla PREMIBRBODY ACCENTS, Plaintiff MAR 2 0 2002 ') IN THE COURT OF COMMON PLEAS OF CUMBERLAND mUNTY, PENNSYLVANIA v. No. 015909 EDWARD A POMPONIO, Defendant IN EQUITY ORDER A1\TD NOW, this _ day of March, 2002, upon consideration of Plaintiff's Motion to Compel, Defendant is hereby Ordered to provide Answers to Plaintiff's Interrogatories within twenty (20) days of service of this Order or suffer sanctions pursuant to Pa. R.c.p 419. BY THE COURT: J. ":.:m"",%~1I"""'Tl!" ~~--~~,., , "I -'" 1 ~ ~, '....' ~,-~ ;.,,~ ".~~"" '., ~, r' ~. (., ;1 :11 ~'; :i', I:,' ;::: :]-.i Iri!~l_ MICHAEL GENNA, tJdfb/a PREMIER BODY ACCENTS, Plaintiff MAR 2 f) 2002) IN THE COURT OF COMMON PLEAS OF CUMBERLAND CDUNTY, PENNSYLVANIA v. No 015909 EDWARD A. POMPONIO, Defendant IN EQUITY ORDER Al\1D NOW, this _ day of March, 2002, upon consideration ofPJaintiff's Motion to Compel, Defendant is hereby Ordered to provide Answers to Plaintiff's Interrogatories within twenty (20) days of service of this Order or suffer sanctions pursuant to Pa. R.e.p 419. BY THE COURT: 1. . ,,' ''''''~'''^1,1 ~ r ~" ~ ~- ~\! -, - <:> - t-- - ;>, -<: ::12i15 p.., .8 oS cB ~ Il=l ::; ::; >< 0 ~ <!)tZl .~ p<: - ,...j M - ::c 0 ~ < >- ~ z W w < ~ ..J W > W '" cr -' u U ~ > ~ ~ ~ cz ~ ill " :z 0 ~ w ~ X " l[ < w 0 -' !l: <Jl l'J cr j '" :J _111 ~ cr cr < J: &>>I, o ~ o ~ I g-~ ~8 M ~~+JO ;..:::~tIJ!::; ,-;:lCl-5, ~Z"'-<C ......O......p... gj ~ ~..!f s ~ ~.~ o <:i- .a <t)~ f-< f-<U 0 ~ < >- f- z W w < .J w > ~ ..J W 0< cr >- u U f- '" ~ '" .z ~ (l] x-=z 0 f- w ~ X " ~ w 0 ..J a:: '" " cr N " .J .m ~ cr cr < :r j~ MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COIvIMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - EQUITY EDWARD A. POMPONIO, Defendant NO. 01-5909 EQUITY ORDER OF COURT AND NOW, this 22nd day of March, 2002, upon consideration of the Plaintiffs Motion To Compel and Plaintiffs Supplemental Motion, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ~ex Bickley, Esq. 121 South Street Harrisburg, PA 17101 Attorney for Plaintiff ~mas J. Williams, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Defendant ) L~ 03-:6 -J) :rc i,%)lj\~<t(. _ "_,~_ ~, 'r. ,,_ '" ":'~" 1'-' I - " , , ~ - -", 'r ,- , ,-" ".,ki_~'~ifjr.in~tlJ~~~i%~~~~,j-;j"j\'~!'ci'<-k",;'"'~;"ii''-'-f'i!..;;iMi$i.#MI!o;~.Ji,j.'4'" ~{I!liDU",~ ~mIl!!IJ LIlIIW.,.,~ L """",A.,,,,,1!!~~,.,, ~ 'o. ""~". .." "J,~.... , . /.'''''''~L- --~""--'~,.""~,.~' "\, \) --'1"< ?_'L >',{1 /; ...'\\";\/ "( ,',1\,,\\ ,"1 "\;'~",':-->i..-"" '\<~(i~ 1 " I'\"\._<'_~' "\/\ \ .1, " ,.\ V....... """"'l"\\.\,,'\\...\I;",,\,,, r\-\\"\-"';' "" $,,,,,'-' ~ -luliiii ., I ":~ii'j!!\'ji~lf>><:'~'i\'!W\~_, ,'''' , , MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 015909 EDWARD A. POMPONIO, Defendant IN EQUITY ORDER AND NOW, this _ day of March, 2002, upon consideration of Plaintiffs Motion to Compel, Defendant is hereby Ordered to provide Answers to Plaintiff's Interrogatories within twenty (20) days of service of this Order or suffer sanctions pursuant to Pa. R.C.P 419. BY THE COURT: 1. ",-- ~, ~~ --,' 0' r"'--" . . . ~-,=,," , MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 015909 EDWARD A. POMPONIO, Defendant IN EQUITY PLAINTIFF'S MOTION TO COMPEL 1. A Complaint was filed by Plaintiff in the Court of Common Pleas of Cumberland County docketed to No. 015909 on October 11, 2001. 2. On November 12,2001 Plaintiff Michael Genna, through his counsel, served on Edward Pomponio's counsel, Thoms Williams, Esq., Interrogatories. 3. On December 17, 2001 Plaintiff's counsel directed to Defendant's counsel a letter regarding the Interrogatories which were overdue at that time. A copy of said letter is attached hereto. 4. On January 4,2002 Plaintiffs counsel received the Answers to the Interrogatories. 5. However, the Answers were insufficient and incomplete and consequently on January 15, 2002 Defendant's counsel sent another set of Interrogatories in part reiterating the Interrogatories initially propounded. A copy of said letter is attached hereto. 6. As of this date, Defendant has neither filed Objections to Plaintiffs requests for discovery nor has he adequately answered the first set ofInterrogatories nor has he answered the second set of Interrogatories at all. I'F"_.'~-.' ',"''T'-' , Ie ., ,"~I ,- ", ,_,~_ _m<\'\" '- WHEREFORE, PlaintiffMichael Genna respectfully requests your Honorable Court to order the Defendant to complete answers to Interrogatories. RespectfuIly submitted, ;~'1~~"~__~ _ _" "'_ ,< ,"" '_' , . , '-, - "" ~~_"l"-'M~ -;,-,c,,,,,..,,,,,,,-~,,..",l'e' '. . " CERTIFICATE OF SERVICE I, 1. Rex Bickley, Esquire, hereby notify that on this .....-<-day of March, 2002, I served a true and correct copy of the foregoing Motion on the folIowing by depositing a copy of the same in the US Mail, postage prepaid, first class postage addressed as follows: Thomas 1. Williams, Esq. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High St. Carlisle, P A 17013 1. REX CKLEY 121 uth Street Harrisburg, PA 17101 (717) 234-0577 (717) 234-7832 FAX -. " -- ,~~ r '. - ,. <_ _,.i"t'! ... M . - .~~~..~-- "' .' - =.~ "~'-"-, ;)J ~', 0"" ~''', -' ""Tit '<I- '"~-.,,' ~ ,--,,, 1<;"" 1-0 '~-rr"fr<"~ll~-~'jf]Hi '1'jli1<Yf"ril1:w~"~t":-'mt' --'''~'l-'''''''ij;t.Jj[]fr:~ [m l"'~n r:_!iji1.rMI~ ~".JJ!l~:;"'flffl!~r!1!,fJll ~lIlr.ll.L "l\I!!Ir~)f--'8."W;;;-#';C_~i';'&:I"h"-'-"-'" " () ~~ ~~t~ ><1. vJ ;~ r':-.i_ <- ;'> ::::::= -'" .--:.~ .<J \.c .';:'" '-J' :~:J (,T'\ .-< --"~+"Z",\'~~,v~"~"':;;<_"i<<-J~-'"f,~jl!l~~1M~~~~;:J; r - , MICHAEL GENNA, tld/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA v. No.0l-5900 Ol-stloq rr Re-"", IN EQUITY EDWARD A. POMPONIO, Defendant ORDER AND NOW, this day of March, 2002, upon consideration of Plaintiff s Supplemental Motion Exhibits attached to said Motion may be incorporated into the Motion to Compel filed in this matter on March 19, 2002. BY THE COURT: 1. ii,~''''~~ ~,~~,,'~' "-, "..,. '" - .. , ~,", ~ ~~ _ _ ~"!>'i .,..,. -,""-,- > -~, ~,"" , MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 015900 EDWARD A. POMPONIO, Defendant IN EQUITY SUPPLEMENTAL MOTION 1. On March 19, 200 I, Petitioner/P1aintiff filed a Motion to Compel a copy of which is attached hereto. (Exhibit "A") 2. The purpose of this Motion is to supplement the attached Motion by including the following two letters which were omitted from the original Motion filed: A. Letter to Thomas Williams, Esq., dated December 17,2001 (Exhibit "B") B. Letter to Thomas Williams, Esq., dated January 15, 2002. (Exhibit "C") 3. Also attached are Defendant's Answers to Plaintiff's First Set of Interrogatories (Exhibit "D") and Plaintiff's Second Set of Interrogatories Directed to Defendant (Exhibit "E"). WHEREFORE, Petitioner requests that the attached Exhibits "A", "B", "C", "D" and "E" be incorporated into Plaintiff's Motion to Compel. Respectfully submitted, ,I 1'1 .-",~~"'fI ,-- -,-" > -"," ;'-' ~ -- r- ' t" ,,' ~ ~.~, --,-~ ~~ ' ,,,---,,,,,,""" ,,~-" ,- MICHAEL GENNA, 1/d/b/a PREMfERBODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 0] 5909 EDWARD A POMPONIO, Defend::mt IN EQUITY ORDER AND NOW, this _ day of March, 2002, upon consideration of Plaintiffs Motion to Compel, Defendant is hereby Ordered to provide Answers to Plaintiff's Interrogatories within twenty (20) days of service oHhis Order or suffer sanctions pursuant to Pa. RC.P 419. BY THE COURT: 1. EXHIBIT "A' :-,:""!i\l!,Fi'1i*"""""""~,,,-,,,,? or_ , , 17'"'- ~~~ ""1~-~ , ~ c-",!>~""",,_~,$! MICHAEL GENNA, 1/d/b/a IN THE COURT OF COMMON PLj;AS OF , ,. ,--. PREMIER BODY ACCENTS, CUMBERLAND mUNTY, PENNSYl;V AbilA .,... ' Plaintiff ..11 . " , /1 (i; \.":, v. No. 015909 !... . ~ ( ; '-'" EDWARD A. POMPONIO, ."( .:1 '. Defendant IN EQUITY .,.,( ,'"" ," PLAINTIFF'S MOTION TO COMPEL J. A Complaint was filed by Plaintiff in the Court of Common Pleas of Cumberland County docketed to No. 015909 on October 11,2001. 2. On November 12, 2001 Plaintiff Michael Genna, through his counsel, served on Edward Pomponio's counsel, Thoms Williams, Esq., Interrogatories. 3. On December 17, 2001 Plaintiff's counsel directed to Defendant's counsel a letter regarding the Interrogatories which were overdue at that time. A copy of said letter is attached hereto. 4. On January 4, 2002 Plaintiffs counsel received the Answers to the Interrogatories. 5. However, the Answers were insufficient and incomplete and consequently on January 15, 2002 Defendant's counsel sent another set of Jnterrogatories in part reiterating the Interrogatories initially propounded. A copy of said letter is attached hereto. 6. As of this date, Defendant has neither filed Objections to Plaintiffs requests for discovery nor has he adequately answered the first set oflnterrogatories nor has he answered the second set ofJnterrogatories at all. ,", 0 'I' ~ .' r ~.~~--~- ." -~ 1 I ~~,' , ~ - -~ WHEREFORE, PJaintiffMichael Genna respectfully requests your Honorable COUr1to order the Defendant to complete answers to Interrogatories. Respectfully submitted, 1. REX Ble EY 121 Sou treet Harrisb g, PA 1710] (717) 34-0577 (717) 234-7832 FAX , " - Tm~"fi"">?"",,!;' I ,,,.. ",~ . . , " _ ._ I~ . , r" ''C ,,~ ~ ,,- :~f~~~!?l)!-. ,"_ Thomas WilJiams, Esq. JOE. High St. Carlisle, PA 1701 J Dear Tom: LAW OFFICES L. REX BICKLEY I 2 I SOUTH S"ffiEET HARRISBURG, PENNSYLVANIA 17 101 (7 I 7) 2304-0577 FAX: (7 I 7) 23<1.7832 December 17,2001 Re: Genna v. Pomponio The Answers to Mr. Pomponio's Interrogatories are overdue. Please let me know when we can expect them. Sincerely, cc: Mike Genna , !UU"" ,,- IT ' ~ EXHIBIT "B" '",~ ~- ~ ~ - ~_." "' LAW OFFICES L. REX BICI,LEY J 2 I SOUTH STREET HARRISBURG. PE""SYlVANIA I 7 I 0 I (7 I 7) 234.0577 FAX; (7 I 7) 23Ll-7832 J8J1U8ry 15,2002 Thomas J. Williams, Esq. Ten East High St Carlisle, PAl 70 13 Re: Michael Genna v. Edward Pomponio Dear Tom: I am enclosing another set of Interrogatories. Tell Mr. Pomponio that he his Answers are insufficient and unresponsive. I know that he is operating out of his house under the trade name Ringleader and has a group of people working with under or around him. It may be the case that technically he is an employee ofUSS or whatever USS is now, I don't know. I do know that he has invoices minimally. We will seek Sancti.ons unless he responds appropriately to our requests. Also, I am enclosing copies oflewd material that Mr. Pomponio continues to send to Mike and his wife. This stuff is not requested, solicited or wanted. Please ask him to act appropriately and civilly. Sincerely, /' i~2 L ex Bickley LRB/sz cc: Michael Genna EXHIBIT "COO ~<:~~~"'=1$1l~~~r' <- '.,.,., --...' . . . ~ , - '...~~-,,...,~"""" F.\FILES\DATAFILE\Gendoc.arc\GendocOl\102206-ain,l MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW v. NO. 01-5909 EQUITY EDWARD A. POMPONIO, Defendant IN EQUITY DEFENDANT'S ANSWER TO PLAINTIFF'S INTERROGATORIES TO: MICHAEL GENNA, t/dJb/a PREMIER BODY ACCENTS, and his attorney, L. REX BICKLEY, ESQUIRE ATTACHED PLEASE FIND Answers of Defendant to Interrogatories of Plaintiff. MARTSONDEARDORFF WILLIAMS & OTTO By lL ? ~.d~ Thomas J. Will(ams, Esquire I.D. No. 17512 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Defendant Date: January 4,2002 EXHIBIT "D" ;:C'",il'l!'-9""'lFIT~-"'r"m""",,! 11':_;,- " ,~-, , -1 ,~ F ~ . -T ~~- ,I~ ,.,. ,"""';rf'" , Interrogatory # 1 Since September 17, 2001, have you conducted business in any form? If yes, please then provide the following information in the space below: c. f. a-f. i -'.-t~r"l'~~1"'-""',o_, _ a. The name of the business; b. The address of the business; The nature of the business; d. The type of bus mess entity, whether a partnership, corporation or other; e. The identity of the custodian of any records pertaining to the business; The identity of any accountant or tax preparer providiDg service to the business. No. ., _ w ~ i, -I ~ " ~~ . ~-,~ ,",' ~,= Interrogatory #2 From September 17,2001 up to and inc1uding the present describe your business relationship with Scott Gotthard and/or USS Manufacturing. Please provide the following information: a, Description of your relationship including the time period of same; and b. company? Are there documents memorializing your relationship with such individual and c. The identity of any documents memorializing your relationship with such individual and company and the identity of the custodian of the same. \ :.:i, a. b. c. Salesman. No. None. " '.... [I :~'f!'~t.1l""'('\lW:r"c!1l'MlI_~ , T',ffl.1I~ ^""'-l, ,- ~ .~ - ~. ,_~O "~,, _ ,. ~""'''' .~~-.- ~ "'f,~~~""'--"" Interrogatory #3 . ' Please describe the records kept as part of your business, whether in physical or electronic form including, without limitation, correspondence, invoices, telephone lines, bank accounts, ledgers and financial statements. Please provide copies of the same. I have no business and so I have no business records. ) " >-- . "~ . .-,~-"'" ~= ~~=~='" .""'~"-' '''','~ -<, Interrogatory #4 Please state below all telephone numbers used by you primarily for business purposes from September 17, 2001 to the present and for each such number, please describe the nature of the business for which it was used. I have no business and so I have no business telephone. \ :j [,',~~~~,~,,,,,,,,,, ~. - , "1" ~" ~-~--~--,~- -"--"" r"~ 'j1ffi~f?\""'9i')11>!~If" " Interrogatory #5 Since September 17,200 I, have you or any business identified in Interrogatory # employed any person(s) or engaged any person(s) as an independent contractor? If yes, then for each such person(s), kindly provide the following information. a. Name' , b. Address; c. Social Security Number d. A description of the duties; e. Time period of employment; . ',,,. f. State whether you provided such person(s) witlfanlRS Form W-2 or 1099, and, if . so, please accept this as a request to provide a copy'ofsame; and . . . g. If the person was not employed by you individually, identifY the business which was the emmployer. a. USS Manufacturing. a-g. No. "'1' .,~, I" ~ " " 0',,"" I'~"'-"'~"""'~' '" r'''~~''.' ,- ,- . ~ ~~ . , Interrogatory #6 Since September 17, 200 I, please identify each vendor or supplier of merchandise that you sold or offered for sale. USS Manufacturing, 15 South Baltimore Avenue, Mt. Holly Springs, PA 17065. \ ~ " 't~_~";~"_-,T_ '1 . , -.,..,\," i',~~~~_l'V"iiW Interrogatory #7 Since the tennination of your business relationship with Plaintiff on September 17,2001 have you had possession of any infonnation, whether in electronic or paper form, of Plaintiff's customers which was obtained during the course of your business relationship and prior to the termination date? If yes, then please describe in the space below all such information concerning Plaintiff's customers, including, without limitation, names, addresses, sales, credit cards and bank accounts, and identifY all custodians of same, and identifY all persons having access to such information, from September 17, 2001 to the present No. . 'r ~'", ,-- ,'- ^ "'" ~'~>'I ' . "7~ ~.. ~ ~" ' . '~~ ~ - """",' . ~~ .~ !~, ~!~~~ ,~~1 Interrogatory #8 Since September 17, 2001, have you used any bank accounts for business purposes? If 80, please provide the following information as to each such account: a. Identity of the bank( s); b. Number of the account(s) c. Description of the business(es) with which the account was associated; and d. The name of the account( 8) a-d. No. -, -- ,-,~~,__ ","l .,~, ~-< ~ -t-- ~ """'~ d'W" t ,- - ~ ~ ~ --,,- ,-~-~'- " Interrogatory #9 Since September 17, 2001, have you contacted any customers, whether Plaintiff's or not, in an attempt to market or sell body jewelry? a. The identity of the customer; b. The telephone number of the customer; c. customer; Identity of the individual that you dealt with in making the sale if other than the d. Date of each sale; e. Amount of each sale; f. Specific description of the merchandise.sold; aIid.;. g. Please accept this as a request to produl;e any documentation related to each sale, including, without limitation, credit card receipts, invoice, shipping documents and file notes: . . YeSj however, I do not have the records that would allow me to provide the information requested and I don't want to trust my memory on these details. ,_"~~",~~~jIi!'~'~'",, m., '\ 1-',' <~ 0_, T' "~ , Interrogatory # 10 Since the termination of your business relationship with Plaintiff on September 17, 200 I, please provide the following information regarding any source of income: a. The manner in which the income was derived; b. The source of the income; c. The amount of the income; d. Kindly produce any documentation related to. the income including, without limitation, credit card receipts, invoices, shipping documents and file notes..' . ,".', . a. Commission on sales. b. . USS Manufacturing. .' ". . . . c. My commissions vary. I do not have a total for this year yet. d. I have no such records. . :-'1f~-"~~, _w,_,-",,__, "I~ ~ . - ,..~~_~.~'f VERIFICATION The foregoing Answers to Plaintiffs Interrogatories is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel. in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F:\FlLES\DAT AFILE\GendQc.cur\l 02206-ain. ] :fWii;o1!li''''-''''_'''''''''''''''''. - " 1,.' .-- I~ ' .. ,_r . ....,,',".~ ,~ J " . CERTIFICATE OF SERVICE I, Tricia D. Eckemoad an authorized agent of Marts on DeardorffWiIliams & Otto, hereby certify that a copy of the foregoing Answer to Plaintiffs hlterrogatories was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as folIows: 1. Rex Bickley, Esquire 121 South Street Harrisburg, PA 17101 MARTSON DEARDORFF WILLIAMS & OTTO By Tncia D. Eckemoad Ten East High Street Carlisle, P A 17013 (717) 243-3341 'IJ Dated: January 4,2002 ,:,g",IlfiiIIJfl"''1If/I&I''1!, "~"'~,,_ -1" '.<" ." ~ _.~~~" =~. .. . MJCHAEL GENNA, t/d/b/a PREMlERBODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 015909 EDWARD A. POMP0N10, Defendant IN EQUITY PLAINTIFF'S SECOND SET OF INTERROGATORIES DIRECTED TO DEFENDANT TO: EDWARD A. POMP0N10, Defendant, and his attorney, THOMAS 1. WILLIAMS, ESQ. Plaintiff, through his attorney, hereby propound the following Interrogatories to Defendant pursuant to Pennsylvania Rule of Civil Procedure 4006 to be answered within thirty (30) days from service thereof. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your answer to said Interrogatories and the time of the trial of this case you, or anyone acting on your behalf, learns the identity and whereabouts of any other witnesses not identified in your said answers, or if you obtain or become aware of additional requested information not supplied in your answers, you shall promptly furnish the same to Plaintiffs' attorney by a supplemental answer. For the purposes of these Interrogatories, "vou" or "vour" refers to the Defendant and his files. "You" shaIl further include all persons on whose behalf defendants prosecute this action and all persons who will benefit or be legally bound by the results of this action. Your answer to the Interrogatories shaIl reflect and contain the knowledge of all the above persons. References to Plaintiff and/or Defendant shaIl be interpreted as singular or plural, depending upon the particular circumstances of each case. The term "description" or "describe" as used herein shall mean that the defendants shall set forth the name and address of the author or originator, dates, title or subject matter, the present custodians of the original and of any copies and the last known address of each custodian. "Document" shaIl mean any written, printed, typed or other graphic matter of any kind, whether handwritten, typed or printed, whether distributed or undistributed. It shall include without limitation letters, memoranda, articles, studies, notebooks, diaries and notes, as weIl as all mechanical and electronic sound recordings or transcripts thereof in the possession or control of the defendants or known by them to exist. It shall also mean all copies of documents by whatever means made. EXHIBIT "E" "::':~4!l'JII,~~h ;'<" ,- '-1:,' --, , ~ "~~ ~ """" ,~, ~~ - \ ,. ~ As used herein, the words "identify" or "identity" shalJ mean the following: . , a. When used with reference to a natural person, shalJ mean that the answer shall slate in each instance his full name, present or last known residence address, and his occupation or business, including the name and address of his present and prior employer, his present and prior employment positions and business affiliations, including the dates of each. When used with reference to any particular person, the infonnation other tllan the full name need be given only once. In any instance where you are asked to identifY a natural person and you are unable to do so by name, you should so state, and in lieu of the name, state the job title, department and/or division of said person. b. When used with reference to a corporation, partnership, association, joint venture, finn or other business enterprise or legal entity, shall mean that the answer shall state in each instance the full name and address of such entity, its affiliation, including in the case of a corporation, its parent, if any, and in the case of a partnership or joint venture, its partners or members of the venture, and a brief description of the primary business in which such entity is engaged. With respect to any particular entity, the information other than tile full name need be given only once. c. When used in connection with a writing, document, or report, shall mean that the answer shall state in each instance, whether or not such document is known to be in existence at the time of making the answer, and (i) the date, type of document (e.g. letter, memorandum, telegram, etc.), author, addresses, and all recipients; (ii) the present or last-known location and custodian of the document and all copies thereof; and (iii) the title and filing or identifying number of all other means of identifying it with sufficient particularity to satisfy the requirements of its inclusion in a request for production of documents pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure. d. When used in connection with an oral communication, shall mean that the answer shalJ state in each instance (i) the identities of the persons communicating; (ii) the recipient and intended recipient of the communication; (iii) the identity of each person present or otherwise aware ofthe substance of the communication; (iv) the date and time when and place where it was made; (v) the subject matter and substance of the communication; and (vi) the identity of any document or writing which embodies, records, reflects, or otherwise refers to such oral communication. e. When used with reference to a contract agreement, or understanding or any modification or amendment thereof shall mean that the answer shall state in each instance (i) the date on which such contract, agreement, or understanding or any modification or amendmentthereof was first made or entered into; (ii) the duration of the contract, agreement, or understanding or any modification or amendment thereof; (iii) the identities of the parties to such contract, agreement or understanding or any modification or amendment thereof; (iv) whether the contract, agreement or understanding or any modification or amendment thereof was ora! or written, and if written, (v) the identity of each document that embodies, records, contains or otherwise reflects such contract, ^fj~~~~~~-, , ^ ~ .. ,. , ,"-~"""""'" ., . . , agreement or understanding or any modification or amendment thereof Answer each interrogatory in the space following the interrogatory. Supplemental sheets may be attached for answers which require additional space. Please take notice that you are required to serve upon the undersigned your answers in writing within thirty (30) days pursuant to the Pennsylvania Rules of Civil Procedure. These Interrogatories are deemed continuing and supplemental answers should reasonably be provided. 1. Rex . IcIey 121 uth St. isburg,PA 17101 (717) 234-0577 (717) 234-7832 Attorney for Plaintiff Date:-4' I / ' L/' . I ';q~,","/i!II'.~ -,J" "o,_",,","M'_1',~ -I'; . , "r ,"' ," o """"_~, , 'l . . 11 . Interrogatory No. ] Since September 17, 2001 have you conducted business under and/or by the name Ringleader? If yes, please provide the following information in the space below: a. State? b. c. d. e. -^~j',~lQ%-~. '--~-~'-," Have you filed Fictitious Name application Witll tlle Pelmsylvania Department of The address of the business. The nature of the business. The identity of the custodian of any records pertaining to the business. Please provide any and all records regarding the business. "1 ~, '-_f'l'~~'{. , . I . . fl. Interrogatory No.2 In Answer to Interrogatory 2 of Plaintiffs First Set ofInterrogatories, you indicated that you were a salesman with Scott Gotthard and/or USS Manufacturing. Since September] 7,200], please provide copies of all invoices of any and all sales you have made. c'o/!'..,..l',;!<1"''''!t',''~, ''<- T .' I~'~~"" ~ ,-;> , ~ I .. , 'I . Interrogatory No.3 Do you work out of your home at 652B Market St., Lemoyne, P A? If so, please provide the following infonnation: a. The telephone number that you use. b. The names of any individuals who work out of that office. c. Nanles d. Addresses e. Social Security Numbers f. Description of their duties g. Time period of working either with you or out of you home office h. Copies of any invoices of sales generated by these individuals from September 17, 2001 through the present. :1~\l!II'~ili'li~'1.l;1 . e _ ~" '_~_ _. , '1~~ ........~ , ~. . . t I . Interrogatory No.4 In response to Plaintiff s Interrogatory #9, you indicated that you did not have answers to the requests. Plaintiff reiterates Interrogatory #9 and requests as follows: a. Since September 17,200] have you contacted any customers whether Plaintiffs or not in an attempt to market or sell jewelry. b. The telephone number of the customer; c. customer; Identity of the individual that you dealt with in making the sale if other than the d. Date of each sale; e. Amount of each sale; f. Specific description of the merchandise sold; and g. Please accept this as a request to produce any documentation related to each sale, including, without limitation, credit card receipts, invoice, shipping documents and file notes. ,~i1l;t;"1;il;"",.,._~" "~",'_'l'JO~,<~" ~," " n '_ _, '''~ ~~ " ~ " . ... . II . I . Interrogatory No.5 Since the tennination of your business relationship with Plaintiff on September 17,2001 please provide the following infonnation regarding any source of income. a. The manner in which the income was derived; b. The source of the income; c. The amount of the income; d. Kindly produce any documentation related to the income including, without limitation, credit card receipts, invoices, shipping documents and file notes. e. W-2's and/or J 040's. :~~;fiir>..,;,.". C';__. ._._,.,,. "''"0" .'1_ ! .. . . . " I ~ CERTIFJCA TE OF SERVICE 1,1. Rex Bickley, hereby certify that a copy of the foregoing Interrogatories was served this date by depositing the same in the US Mail, postage prepaid, first class as follows: Thomas J. Williams, Esq. MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PAl 70 13 c-/ 1. Rex ~ey 121 South St. Harrisburg, PA 17101 (7] 7) 234-0577 (717) 234-7832 Attorney for Defendant Date: /fr~/ Z . ,&,~'fjmi~,u, .......-"", ,'" _,_ _',0 '_",1 ~ "'~ , .-.~ , " . ~ . .. . f CERTIFICATE OF SERVICE I, L. Rex Bickley, Esquire, hereby notify that on this day of March, 2002, I served a true and correct copy of the foregoing Supplemental Motion on the following by depositing a copy of the same in the US Mail, postage prepaid, first class postage addressed as follows: Thomas J. Williams, Esq. MARTSON DEARDORFF WILLIAMS & OTTO I' 1 Ten East High St. I I c.ru.. P A 17013 VI I,. \ ~ d ' V L. REX BIC 121 South Str Harrisburg,PA 17101 (717) 234-0577 (717) 234-7832 FAX .:1.}!,"J'l-:P'~=':'''''''''o/ffi L~ ~ On.3!l Rk. to L. APR 1 9 7002 .~ .' f .~ MICHAEL GENNA, tf<IIb/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYLVANIA v. No. 015909 EDWARD A. POMPONIO, Defendant IN EQUITY ORDER OF COURT AND NOW, this 22 .,J1ay of April, 2.0.02, the Rule initially issued regarding the above cap- tioned matter on March 22, 2.0.02 is made absolute. The request of the Plaintiff is hereby granted. IT IS ORDERED that the Defendant, Edward A. Pomponio, is directed to answer the interrogatories propounded on November 12, 2.0.0 land on January 15, 2.0.02 and provide the infonnation requested within 2.0 days of service of this Order. Failure to abide by this Order shall subject the Defendant to further sanctions pursuantto Pa. RC.P. 4.019. T~ Dilf@IlSaM is ftnd1t;! diIcctcd 16 pay tg the Pklifltiff IlttMil"y', f"", ;11 11,,0; amO..d1t vf $560. BY THE COURT: .411 io.ms B'\cK\~ ;\'>Kq!'~~''W" _'", e ~_ "^~ <~ " ~ ~ "_-,,~m!~~mj,llh'lll~fJiM@:~j;;ill;i!l<ihlmi~~~,",,;-k'i<'(;.:.1','il,-.,<"-;,j,,'_i.lin_~,;,l:~'i.ii'l,;,~:,~"'-",S:;"'IW.llI!.!dilliil!lill~1!II:fIlillJlli " >4:".;;.,I!l]IL~J[!II..!LIIJ1!!, rrll!~""""~b..M.b"~' . ~" .':!-.]OT/,J1Y t t"r'l ,) ,"\ pr n l... J P(\ 2: Or; t.> _" .... CU" n. ,,', ('('1' '1'11''' '1V:~:);:.:.-i_~"\"~'1...-1 A,.U '-ll i PE~~i\iSYL:,/J~,NI,l\ "~- ,"<<"".~ " , I~~'i' -"~~_.~ ~ APR 1 9 200Z2> " - MICHAEL GENNA, t/d/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 015909 EDWARD A. POMPONIO, Defendant IN EQUITY ORDER OF COURT AND NOW, this day of April, 2002, the Rule initially issued regarding the above cap~ tionedtnatter on March 22, 2002 is made absolute. The request of the Plaintiff is hereby granted. IT IS ORDERED that the Defendant, Edward A. Pomponio, is directed to answer the interrogatories propounded on November 12,200 land on January 15, 2002 and provide the information requested within 20 days of service of this Order. Failure to abide by this Order shall subject the Defendant to further sanctions pursuant to Pa. R.c.P. 4019. BY THE COURT: 1. ~"1*~tWW<~ ~,~"" ""r"_','o_,,,~' '''''"_ - t ' .MICHAEL GENNA, Vd/b/a PREMIER BODY ACCENTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND roUNTY, PENNSYLVANIA v. No. 015909 EDW AlIDA. POMPONIO, Defendant IN EQUITY MOTION TO MAKE RULE ABSOLUTE L Your Movant is Michael Genna above captioned Plaintiff. 2. On March 19, 2002 Plaintiff filed a Motionto Compel which was supplemented by Motion filed on March 21, 2002 requestiitg this Court to Order the Defendant to answer interrogatories. 3. The interrogatories which are the subject of this Motion were propounded on the Defendant onNovember 12, 200 I and a secondsetofinterrogatories propounded on the Defendant, January 15,2002 both through Defendant's counsel, Thomas WiIIiams, Esquire. 4. On March 22, 2002 this Court entered a Rule upon the Defendant to show cause why the reliefrequested should not be granted; 5. Defendant has not responded within twenty (20) days of the issuance and service of the Rule. WHEREFORE, the Movant requests this Court as follows: A. The Defendant is directed tOaIlswer interrogatories and provide the information propounded on November 12, 2001 and January 15,2002. "''',",''''''''''''r\1''~I'''"~,,,,,,"_. ~_, ~~, ,~ . . '" " B. For reasonable attorney's fees. C.For such other reliefas the Court deems appropriate. Respectfully submitted, ~~.-- ) 121 SouthSt. Harrisburg, PA 17101 (717) 234-0577 (717) 234-7832 Attorney for Movant t~l;lWf~ _~_ ~- ~ . -. '-" ...- . . CERTIFICATE OF SERVICE T,1. Rex Bickley, Esquire, hereby certify that on April ((7,2002, I served a true and correct copy of the foregoing Motion on the following by depositing a copy of the same in the U.S. mail, postage prepaid, first class postage as follows: Thomas Williams, Esquire Ten East High 8t. Carlisle, PA {170)13 J1/ 4 ~. L. Rex Bickley 121800 Ha . urg, PA 17101 . 17) 234-0577 (717) 234.7832 1~%._W"_~.t , <-- ~~ , !l" ;/' -... , ~ - - ..~.. -... -.. ~~" ._. --, ,. ""'~""'-"-'''''''P'''''''''I "1'l"1!lli1iil"~"frittf'lfin 111111I:1 lIInnm"']\','f.'''' " . () c: <"- -o(;;-,~ mf~{ ~i)~-l cj'>> ~f~~ :!;::~~~ .-;:;:L:' ~c -'7 ~ ."'-. .~ . o N """ ." ::v o ~T1 ---J -~ =":; .,., "r"" -~ ~T' :Jr-j ':~) ;r, -j "- ~2~' c5rn ""'---I ~j -<' OJ :b.z -,~~ 9.? ." en ~_~_"'".._.~. J._8!l",_~v _ ., -to-~~~~;11IIl'[!~\iWl>i0'[1i''1''W\!'ifN!'~~~~''''''''''''''~Jm!l'~'!I!\W~~~~~'1IfrJi!rr~~~''''