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HomeMy WebLinkAbout03-6650SHETRON WELDING & FABRICATION, INC., Plaintiff ANTHONY TUMOLO, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKETNO.: 0~-(-°(-°~'0 o--"SJ : ACTION IN EQUITY NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attomey 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 for relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 SHETRON WELDiNG & FABRICATION, iNC., Plaintiff ANTHONY TUMOLO, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: ACTION IN EQUITY NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sigiuentes, usted fiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escfita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDIATEMENTE. SI NO T1ENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 SHETRON WELDING & FABRICATION, INC., Plaintiff ANTHONY TUMOLO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKETNO.: .)--J- ~ff~:> ACTION IN EQUITY COMPLAINT AND NOW comes the Petitioner, Shetron Welding & Fabrication, Inc., through its attorney, Michael T. Traxler, of Abom& Kutulakis, L.L.P., and files this Complaint in Equity as follows: 1. Plaintiffis Shetron Welding & Fabrication, Inc., (hereinafter "Shetron/Plaintiff"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, since 1997. Shetron's address is 85 Kutz Road, Carlisle, Cumberland County, Pennsylvania. 2. Plaintiff is in the business of commercial steel welding, erection, and fabrication. 3. Defendant, Anthony Tumolo, (hereinafter "Tumolo/Defendant") is an adult individual residing at 107 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. Defendant's employment address is Myers Welding and Fabrication, 10 Big Oak Drive Dillsburg, York County, Pennsylvania. 2002. 5. Tumolo was employed as Shetron's Chief Estimator in or about August of 6. Tumolo voluntarily terminated his employment with Shetron on or about December 15, 2003. 7. Immediately after terminating his employment, Tumolo began to seek employment with companies in direct competition with Shetron. See, defendant's resume and cover letter attached as, "Exhibit A". COUNT I: WRONGFUL APPROPRIATION OF TRADE SECRETS 8. Plaintiff incorporates by reference as if fully set forth the allegations of paragraphs one (1) through six (6). 9. As Chief Estimator, Tumolo has been privy to customer lists, specialized steel estimation formulas, bidding procedures, and other trade secrets held by Shetron. 10. Tumolo is now employed as an estimator with one of Shetron's main competitors, Myers Welding and Fabrication, Inc. (hereinafter "Myers"). 11. Shetron has put forth great effort and expense to obtain and maintain the relationships that Shetron shares with its customers. 12. Shetron's list of customers is confidential, is a trade secret, and in no way constitutes public information. 13. Customer relationships are Shetron's primary asset and source of inCome considering Shetron is in the business of providing steel erection and fabrication services per customer specifications. 14. Shetron establishes its customer relations by bidding on construction projects. 15. Shetron maintains its customer relations by submitting successful bids and completing steel erection and fabrication projects in a manner satisfactory to Shetron's customers. 16. Through his employment with Shetron, Tumolo gained knowledge of each and every one of Shetron's Customers. 17. Shetron's customers have certain requirements and manners in which they receive, review, and accept bids. 18. The information pertaining to customer specific bidding procedures has been gathered by Shetron through great effort and expense, is confidential in nature, is a trade secret, and is in no way considered to be public information. 19. Submitting bids in accordance with customer requirements and specifications is vital to Shetron's ability to sustain a substantial and profitable business. 20. Submitting bids in accordance with customer requirements has given Shetron a competitive edge over other companies in the steel erection and fabrication business. 21. Through his employment with Shetron, Tumolo learned how each of Shetron's customers receives, reviews, and accepts bids. 22. Tumolo has taken his knowledge of Shetron's customers and his knowledge of how Shetron's customers receive, review, and accept bids in order to obtain employment with Myers. See, Exhibt A. 23. Tumolo intends to take and use his knowledge of Shetron's customers and his knowledge of how Shetron's customers receive, review, and accept bids in order to bring work into Myers on a regular basis. See, Exhibit A and defendant's instant message conversation with plaintiff's detailer on December 22, 2003 attached as "Exhibit B" 24. Tumolo intends to take and use his knowledge of Shetron's customers and his knowledge of how Shetron's customers receive, review, and accept bids in order to give Myers an unfair competitive edge over Shetron. See, Exhibits A and B. 25. Disclosure and/or use of Shetron's customer list, customer bidding preferences, and trade secrets by Tumolo to any third party will cause immediate and irreparable harm to Shetron. 26. Greater injury will occur if Tumolo is not prevented from disclosing Shetron's trade secrets to third parties, specifically his current employer. 27. Preventing Tumolo from disclosing and utilizing Shetron's trade secrets will preserve the status quo as it existed immediately before Tumolo manifested his intent to use Shetron's trade secrets to Shetron's detriment. 28. Tumolo's disclosure and use of Shetron's trade secrets is manifestly wrong and preventing disclosure is the proper method of abating immediate and irreparable harm to Shetron. 29. 'Shetron has a clear right to prevent Tumolo from disclosing its trade secrets. 30. The trade secrets are important and valuable to the conduct of Shetron's business. 31. The confidentiality of the trade secrets was communicated by Shetron to Tumolo. WHEREFORE, the Plaintiff respectfully requests that this court grant the following relief: (a) That a preliminary injunction and permanent injunction be issued directing defendant: (i) to refrain from disclosing or communicating to any third party, including his current employer, any and all information pertaining to Plaintiff s customers; (ii) to refrain from soliciting business from and bidding projects for any and all of Plaintiffs customers; (iii) to refrain from contacting in any manner any and all of Plaintiff's customers; (iv) to refrain from disclosing or communicating to any third party, including his current employer, plaintiff's methods, procedures, and formulas for estimating and preparing bids; (v) to refrain from utilizing plaintiffs methods, procedures, and formulas for estimating and preparing bids; (vi) To dispose of, erase, delete, remove, obliterate, and cancel all information, documents, customer lists, bidding procedures, estimation formulas, and other trade secrets given to, filed with, or in any manner brought to his current employer's attention. (b) Such other relief as the Court may deem just and proper. COUNT II: INTERFERENCE WITH PLAINTIFF'S BUSINESS RELATIONS AND CONTRACTS 32. Plaintiff incorporates by reference as if fully set forth the allegations of paragraphs one (1) through thirty-one (31). 33. Tumolo interfered with Shetron's business relations by inducing Shetron's Detailer to terminate his employment relationship with Shetron to accept employment with one of Shetron's main competitors, Myers. See, Exhibit B. 34. Tumolo induced Shetron's Detailer to terminate his employment with Shetron by making statements about compensation, flexible hours, and vacation policies that would be given by Shetron's main competitor. See, Exhibit B. 35. To date, Shetron's Detailer has not terminated his employment with Shetron. 36. Tumolo intends to further disrupt Shetron's business relations by making contact and bidding jobs with customers he became privy to as estimator for Shetron. See, Exhibits A and B. 37. It is believed and therefore averred that Tumolo has made contact with Shetron's customers on one or more occasions in an effort to bring their business to Myers. 38. It is believed and therefore averred that Tumolo intends to solicit business from Shetron's customers by using trade secrets discovered by Tumol6 as an employee of Shetron. 39. Tumolo is in no way privileged to interfere with Shetron's business relations. WHEREFORE, the Plaintiff respectfully requests that this court grant the following relief: (a) That a preliminary injunction and permanent injunction be issued directing defendant: (i) to refrain from disclosing or communicating to any third party, including his current employer, any and all information pertaining to Plaintiff's customers; (ii) to refrain from soliciting business from and bidding projects for any and all of Plaintiff's customers; (iii) to refrain from contacting in any manner any and all of Plaintiff's customers; (iv) to refrain from disclosing or communicating to any third party, including his ctwrent employer, plaintiff's methods, procedures, and formulas for estimating and preparing bids; (v) to refrain from utilizing plaintiff' s methods, procedures, and formulas for estimating and preparing bids; (vi) to refrain from providing his current employer with information pertaining to Shetron's employees for the purpose of inducing Shetron employees to enter into employment with his current employer. (vii) to refrain from interfering with plaintiff's contractual and business relations. (viii) to dispose of, erase, delete, remove, obliterate, and cancel all information, documems, customer lists, bidding procedures, estimation formulas, and other trade secrets given to, filed with, or in any manner brought to his currem employer's attention. (b) Such other relief as the Court may deem just and proper. Respectfully Submitted, ABOM & KUTULAKIS, L.L.P. Date Michael T. Traxler, Esquire Attorney I.D. No. 90961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I hereby verify that the statements contained in this complaint are tree and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date Shetron Welding & Fabrication, Inc. Terry Shetron, President T~e~d~y, [~e~am~,l 1~, '~0~3 ~;~I AM Anth~m¥ T~rn~i~ 77530715135 A~thouy IL TumOlO T~¥, De~rnber 18, ~03 8;51 AM Anlh~n~, Tumol~ T~3071:S0~ ~,C2 ~ Ar~hon~ t~. l~olo ]07 Si~v~ Sl~ir~ Home Pho~ 717.?rJ6.0'/!~9 Fax a~tmolo~ahoo.com OBIECTIVE FULL T~ EMPLO~ :230 ton sUvotu[al ~ Casmm Com~' Tral~8-~ ZOO0 - Nowmb~ 300;l P. Matnl~ Nn .ve~[~' tgDS - August ~ Snles/Est~umting 4 years ~ businm d~clopment in the muetx, nl exeet, nsec. meuds' _u~. _ _.-~y. ~ tbr Senetwing an ~ 40~ rweeue thmush d~isn- buiXd, lutut bid, and n~Solia,~i SHETRON WELDING & FABRICATION, INC., Plaintiff ANTHONY TUMOLO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKETNO.: O.~ - ~ff'-O C,v, '/ : : ACTION IN EQUITY BOND IN CONNECTION WITH PRELIMINARY INJUNCTION KNOW ALL MEN BY THESE PRESENTS, THAT WE, Shetron Welding & Fabrication, Inc., plaintiff and Shetron Welding & Fabrication, Inc., surety, are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of One Thousand Dollars ($1,000.00), to be paid to the Commonwealth of Pennsylvania; to which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated the 30 day of December, 2003. WHEREAS, the plaintifffiled a complaint in equity in the Court of Common Pleas for the County of Cumberland, to the above-captioned matter, against Anthony Tumolo, defendant, requesting, inter alia, an injunction to restrain the defendant as therein particularly set forth. WHEREAS, the plaintiff agrees to increase the amount of this bond as this court may require. NOW, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT if the injunction is dissolved because improperly granted, or for failure to hold a hearing, the plaintiff shall pay to any person injured all damages sustained by mason of granting the injunction and all legally taxable costs and fees, this obligation then to be void; otherwise it is to remain in full force and effect. Plaintiff Surety On this ,,~0~ day of ~ ,2003, before me, the undersigned officer, pemonally appeared Terry Shetron, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Bond and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notar al Soal ~ [ Rlmnda D. Rt~y, Nomry Public [ I Carlisle ~lo. ro, Cumberland County [ ~My Comm~ssmn Expires Aug. 12, 2006 { Member, Pennsylvania Associstlon ~f No~f~es SHETRON WELDING 8: FABRICATION, INC., Petitioner ANTHONY TUMOLO, Respondent AND NOW, this 3o* day of : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKETNO.: 0'"~'6(/~5-0 DEC 3 0 2003 ACTION IN EQUITY ORDER ~ ;~_~6~ ,200'3, upon consideration of the complaint in equity and plaintiffs petition for injunctive relief, and the Court having determined (1) that the plaintiff will suffer irreparable harm if the requested relief is not granted immediately without notice and a hearing; (2) that the injurious consequences can not be repaired under any standard of compensation; and (3) that greater injury would be inflicted upon plaintiff by a denial of temporary injunctive relief than will be inflicted upon defendants by the granting of such relief; it is hereby ORDERED: (a) That a preliminary injunction be issued directing defendant: (i) to refrain from disclosing or communicating to any third party, including his current employer, any and all information pertaining to Plaintiff's customers; (ii) to refrain from soliciting business from and bidding projects for any and all of Plaintiff's customers; (iii) to refrain from contacting in any manner any and all of Plaintiff's customers; (iv) to refrain from disclosing or communicating to any third party, including his current employer, plaintiff's methods, procedures, and formulas for estimating and preparing bids; (v) to refrain from utilizing plaintiff's methods, procedures, and formulas for estimating and preparing bids; (vi) to refrain from providing his current employer with information pertaining to Shetron's employees for the purpose of inducing Shetron employees to enter into employment with his current employer. (vii) to refrain from interfering with plaintiff's contractual and business relations. (viii) to dispose of, erase, delete, remove, obliterate, and cancel all information, documents, customer lists, bidding procedures, estimation formulas, and other trade secrets given to, filed with, or in any manner brought to his current employer's attention. (b) A hearing pertaining to the continuance of this preliminary injunction will be held on the ~' dayof ~{~,u~,~/ ,200~/at ~-'7~ ff__.m., in courtroom number fi of the Cumberland County Courthouse, pursuant to Pa. R.C.P. No. 1531 (d). (c) A role is entered upon defendants to show cause at the above date and time why this preliminary injunction should not be continued. t ooo. ,, SHETRON WELDING & FABRICATION, INC., Petitioner ANTHONY TUMOLO, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : DOCKET NO.: : ACTION IN EQUITY PETITION FOR PRELIMINARY INJUNCTION WITHOUT PRIOR WRITTEN NOTICE AND HEARING AND NOW comes the Petitioner, Shetron Welding & Fabrication, Inc., through its attorney, Michael T. Traxler, of Aborn & Kutulakis, L.L.P., and files this Petition for Preliminary Injunction, pursuant to Pa.R.C.P. 153 l(a)~, as follows: 1. Plaintifffiled a verified complaint in equity, in the above-referenced matter, on December 30, 2003. 2. Plaintiff has deposited legal tender in the mount of One Thousand Dollars ($1,000.00) with the Cumberland County Prothonotary's Office as an injunction bond. 3. Plaintiff is Shetron Welding & Fabrication, Inc., (hereinafter "Shet'ron/Plaintiff'), a corporation organized and existing under the laws of the Conunonwealth of Pennsylvania, since 1997. Shetron's address is 85 Kutz Road, Carlisle, Cumberland County, Pennsylvania. 4. Plaintiffis in the business of commercial steel welding, erection, and fabrication. 5. Defendant, Anthony Tumolo, (hereinafter "Defendant/Defendant") is an adult individual residing at 107 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. ~ Pa.R.C.P. 1531 (a) provides-~A Court shall issue a preliminary or special injunction only alter written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction without a hearing or without notice. In determining whether a preliminary or special injunction should be granted and whether notice or a hearing should be required, the court may act on the basis of the averments or the pleadings or petition and may consider affidavits of parties or third persons or any other proof which the court may require. 6. Defendant's employment address is Myers Welding and Fabrication, 10 Big Oak Drive, Dillsburg, York County, Pennsylvania. 7. Tumolo began employment as Shetron's Chief Estimator in or about August of 2002. 8. Tumolo voluntarily terminated his employment with Shetron on or about December 15, 2003. 9. Immediately after terminating his employment, Tumolo began to seek employment with companies in direct competition with Shetron. See, defendant's resume and cover letter attached as, "Exhibit A". 10. As Chief Estimator, Tumolo has been privy to customer lists, specialized steel estimation formulas, bidding procedures, and other trade secrets held by Shetron. 1 I. Tumolo is now employed as an estimator with one of Shetron's main competitors, Myers Welding and Fabrication, Inc. (hereinafter "Myers"). 12. It was not until December 29, 2003, that it came to Shetron's attention that Tumolo was working for Myers, one of Shetron's main competitors. 13. Shetron has put forth great effort and expense to obtain and rfiaintain the relationships that Shetron shares with its customers. 14. Shetron's list of customers is confidential, is a trade secret, and in no way constitutes public information. 15. Customer relationships are Shetron's primary asset and source of income considering Shetron is in the business of providing steel erection and fabrication services per customer specifications. 16. Shetron establishes its customer relations by bidding on construction projects. 17. Shetron maintains its customer relations by submitting successful bids and completing steel erection and fabrication projects in a manner satisfactory to Shetron's customers. 18. Through his employment with Shetron, Tumolo gained knowledge of each and every one of Shetron's Customers. 19. Shetron's customers have certain requirements and manners in which they receive, review, and accept bids. 20. This information has been gathered by Shetron through great effort and expense, is confidential in nature, is a trade secret, and is in no way considered to be public information. 21. Submitting bids in accordance with customer requirements and specifications is vital to Shetron's ability to sustain a substantial and profitable business. 22. Submitting bids in accordance with customer requirements has given Shetron a competitive edge over other companies in the steel erection and fabrication business. 23. Through his employment with Shetron, Tumolo learned how each of Shetron's customers receiv6s, reviews, and accepts bids. 24. Tumolo has taken his knowledge of Shetron's customers and his knowledge of how Shetron's customers receive, review, and accept bids in order to obtain employment with Myers. See, Exhibit A. 25. Tumolo intends to take and use his knowledge of Shetron's customers and his knowledge of how Shetron's customers receive, review, and accept bids in order to bring work into Myers on a regular basis. See, Exhibit A and defendant's instant message conversation with plaintiff's detailer on December 22, 2003 attached as "Exhibit B". 26. Tumolo intends to take and use his knowledge of Shetron's customers and his knowledge of how Shetron's customers receive, review, and accept bids in order to give Myers an unfair competitive edge over Shetron. See, Exhibits A and 13. 27. Disclosure and/or use of Shetron's customer list and customer bidding preferences by Tumolo to any third party will cause immediate and irreparable harm to Shetron. 28. Failure to impose an injunction against Tumolo will give Shetron's main competitor, Myers, an unfair competitive advantage in the regional steel welding, erection, and fabrication market. 29. Greater injury will occur if Tumolo is not prevented from disclosing Shetron's trade secrets to third parties, specifically his current employer. 30. Preventing Tumolo from disclosing and utilizing Shetron's trade secrets will preserve the status quo as it existed immediately before Tumolo manifested his intent to use Shetron's trade secrets to Shetron's detriment. 31. Tttmolo's disclosure and use of Shetron's trade secrets is manifestly wrong and preventing disclosure is the proper method of abating immediate and irreparable harm to Shetron. 32. Shetron has a clear right to prevent Tumolo from disclosing its trade secrets. 33. Time is of the essence in preventing Tumolo from disclosing Shetron's trade secrets as Tumolo is currently employed with Shetron's main competitor and trade secrets are being disclosed with each passing minute. 34. Tumolo interfered with Shetron's business relations by inducing Shetron's Detailer to terminate his employment relationship with Shetron to accept employment with one of Shetron's main competitors, Myers. See, Exhibit B. 35. It is believed and therefore averred that Tumolo has made contact with Shetron's customers on one or more occasions in an effort to bring their business to Myers. 36. It is believed and therefore averred that Tumolo intends to solicit business from Shetron's customers by using trade secrets discovered by Tumolo as an employee of Shetron. 37. Ordering a preliminary injunction without notice and hearing will not have a negative impact on the Defendant because he will be afforded a hearing as ordered by this Court. WHEREFORE, the Plaintiff respectfully requests, pursuant to Pa.R.C.P. No. 1531(a), that a preliminary injunction be granted by this Court, without notice and heating, in order to preserve the status quo and avoid immediate and irreparable harm until such time as this Court finally determines the rights of each party by Ordering that: (a) That a preliminary injunction and permanent injunction be issued directing defendant: (i) to refrain from disclosing or communicating to any third party, including his current employer, any and all information pertaining to Plaintiff' s customers; (ii) to refrain from soliciting business from and bidding projects for any and all of Plaintiff's customers; (iii) to refrain from contacting in any manner any and all of Plaintiff's customers; (iv) to refrain from disclosing or communicating to any third party, including his current employer, plaintiff's methods, procedures, and formulas for estimating and preparing bids; (v) to refrain from utilizing plaintiff's methods, procedures, and formulas for estimating and preparing bids; (vi) To refrain from providing his current employer with information pertaining to Shetron's employees for the purpose of inducing Shetron employees to enter into employment with his current employer; (vii) To dispose of, erase, delete, remove, obliterate, and cancel all information, documents, customer lists, bidding procedures, estimation formulas, and other trade secrets given to, filed with, or in any manner brought to his current employer's attention. (b) A heating be scheduled, pursuant to Pa.R.C.P. 153 l(d)2, pertaining to the continuance of a preliminary injunction that has been ordered without notice and heating. Respectfully Submitted, ABOM & KUTULAKI$, L.L.P. Date Michael T. Traxler, Esquire Attorney I.D. No. 90961 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff 2 Pa.R.C.P. 153 l(d) provides--An injunction granted without notice to the defendant shall be deemed dissolved unless a hearing on the continuance of the injunction is held within five days after the granting of the injunction or within such other time as the parties may agree or as the court upon cause shown shall direct. I look fo~d m ~ from you A~hony E. Ilm~olo ~07 silver Spri~ Hon~e Phor- 717-7~:~0799 F~ 775-30%1505 atu~oloc~;.ys~oo.com FULL ~ F~MPLO~ 2001 230 ton stmctu~ jo~ CUstom C~/tl~t~ TrM~IS-~ 2000- No~nl~r 2002 Is. Meuds- No .v~ l~ - Au~ =0~2 Salm/F..stima~g 4 yea~ ecpe~mcc business dvw~lopmeuc i~ the SHETRON WELDING & FABRICATION, INC., Plaintiff vs. ANTHONY TUMOLO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 03 6650 ACTION IN EQUITY ENTRY OF APPEARANCE TO: Prothonotary January 5, 2004 Please enter our appearance on behalf of Anthony Tumolo, Defendant, in the above-referenced matter. nni~f~r B. Hipp, One West Main Street Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 86556 · ~o~r\ squire One West Ma~treet Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 19475 CERTIFICATE OF SERVIC~ We, James D. Bogar, Esquire, and Jennifer B. Hipp, Esquire, hereby certify that we are this day serving one (1) copy of the Praecipe upon the persons and in the manner indicated below: Service by hand delivery as follows: Michael J. Traxler, Esquire 36 South Hanover Street Carlisle, PA 17013 January 5, Attorney for Plaintiff 2004 e~ni f~r B~/~ip~p ~ , Esquire One West Main Street Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 86556 Jam~s D. Bo~, Esquire One West Mal~jStreet Shiremanstown, Pennsylvania 17011 (717) 737-8761 Supreme Court ID No. 19475 SHERIFF'S RETURN - REGULAR CASE NO: 2003-06650 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHETRON WELDING & FABRICATION VS TUMOLOANTHONY BRIAN BARRICK , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 2nd day of January , 2004 by handing to true and attested copy of COMPLAINT - EQUITY together with says, the within COMPLAINT - EQUITY TUMOLO ANTHONY DEFENDANT at 1728:00 HOURS, at 107 SILVER SPRING ROAD MECHANICSBURG, PA 17055 ANTHONY TUMOLO a and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /~ day of ~r~%ono~t~r~' ' ~ So Answers: R. Thomas Kline 01/05/2004 ABOM & KUTULAK~ Deputy Sheriff SHETRON WELDING FABRICATION, INC., Plaintiff VS. ANTHONY TUMOLO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA '03-l,&50 : S3-66C,-EQUITY : CIVIL ACTION - EQUITY ACTION IN EQUITY IN RE: PETITION FOR PRELIMINARY INJUNCTION ORDER AND NOW, this ~, t, '~ day of January, 2004, provision (a)(iv) of our order of December 30, 2003, is DISSOLVED and the petition of the plaintiff for preliminary injunction is DISMISSED in its entirety. The court, however, declines to make an award of damages and monies posted as a bond in this matter shall be returned to the plaintiff. BY THECOURT, ~[ichael T. Traxler, Esquire For the Plaintiff fi/Jennifer Hipp, Esquire For the Defendant :rim · Hess, J. J~ OF THE F'ROI'~TARY 200q JAN 29 All I0' 31, OtJMBERLAt'ID COUN'I'Y 08420501292004 Cumberland County Prothonotary,s Office Paqe 1 PYS405 Manual Release Check Register 1/29/2004 Escrow Tran Date Distribution Case No Accounting Amount Date Release BOND 2003- 06650 PYMT/CHECK 1000.00 12/30/2003 Payee total: 1000.00 Grand total: 1,000.00 SHETRON WELDING & FABRICATION, INC., Plaintiff Vo ANTHONY TUMOLO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 03-6650 : ACTION IN EQUITY PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please enter Plaintiff" s voluntary discontinuance of the within action pursuant to Pennsylvania Rule of Civil Procedure 229. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: Michael T. Traxler, Esquire 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this~ day of February 2004, I, Michael T. Traxler, Esquire, of Aborn & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE TO DINCONTINUE upon the following: VIA FIRST CLASS MAIL Jennifer B. Hipp, Esquire One West Main Street Shiremanstown, PA 17011 ABOM & KUTULAKIS, L.L.P. ~ /. Michael T. Traxler 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff