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HomeMy WebLinkAbout01-6560INVESTIGATIVE CONSULTANT SERVICES, INC., Plaintiff ALBERT R. THOMAS, SHERI THOMAS and HAYES, STOUDT & ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-~,~'60 ~ '-7"'z..---. EQUITY You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and fihng in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 INVESTIGATIVE CONSULTANT SERVICES, INC., Plaintiff Vo ALBERT R. THOMAS, SHERI THOMAS and HAYES, STOUDT & ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: EQUITY COMPLAINT IN EQUITY 1. The Plaintifflnvestigative Consultant Services, Inc. (hereinafter "ICS") is a corporation incorporated and doing business under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 4004 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant Albert R. Thomas is an adult individual with a present address of 118 East Second Street, Mt. Carmel, Pennsylvania 17851. 3. Defendant Sheri Thomas is an adult individual with a present address of 118 East Second Street, Mr. Carmel, Pennsylvania 17851. 4. Defendant Hayes, Stoudt & Associates, Inc. (hereinafter "Hayes Stoudt") is a corporation incorporated and doing business under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 328 West Broad Street, Suite 200, Quakertown, Pennsylvania 18951. COUNT ! Breach of Contract (Covenant Not to Compete) ICS v. Albert IL Thomas and Hayes, Stoudt & Associates, Inc. 5. On December 1, 1995, Plaintiff ICS and Defendant Albert R. Thomas entered into a valid written employment agreement under whose terms ICS hired Defendant Albert R. Thomas as an investigator (hereinafter "employment contract"). A true and correct copy of the aforesaid employment contract is attached hereto, made a part hereof and marked as Exhibit "A". 6. In accordance with the employment contract, Defendant Albert R. Thomas agreed, in consideration of his employment, training and salary, that he would be prohibited for two (2) years from the termination of his employment with ICS from doing any of the following: a. Divulging the names or addresses of any of the clients or customers oflCS to any party not employed by ICS; and b. Calling on or marketing any current client of ICS on behalf of himself or any other employer. 7. In addition, Defendant Albert R. Thomas agreed that if he violated the aforesaid contractual provision and performed services for any client oflCS during the said two (2) year period following his termination of employment with ICS either personally or on behalf of a new employer he would pay ICS 100% of any fees paid by said client oflCS. 8. On October 30, 2000, Defendant Albert R. Thomas voluntarily terminated his employment with ICS, subject to the terms and conditions of the employment contract attached hereto as Exhibit "A". 9. Defendant Albert R. Thomas has become associated with Defendant Hayes Stoudt, a direct competitor oflCS. 10. By way of a letter dated September 4, 2001, the attorneys for Plaintiff ICS advised Defendant Hayes Stoudt that Defendants Albert and Shed Thomas were in violation of the restrictive covenants contained in the employment contracts and that Defendant Hayes Stoudt account for all fees received by it from the ICS clients identified above. In particular, ICS's attorneys advised Defendant Hayes Stoudt that Defendant Albert Thomas had violated his employment contract by contacting Travelers Investigative Services and Selective Insurance Company. A true and correct copy of the aforesaid letter is attached hereto as Exhibit "B". 11. To date, Defendant Hayes Stoudt has failed and refused to account for the fees it has received 15om ICS's clients, and in fact has refused to even respond to the aforesaid letter. 12. Defendant Albert R. Thomas has been contacting and soliciting existing and former clients oflCS in an effort to have them shift work f~om ICS to his new employer, Defendant Hayes Stoudt, in violation of the express terms and conditions of the employment contract attached hereto as Exhibit "A". 13. The clients oflCS, which Defendant Albert R. Thomas has contacted and solicited on behalf of his new employer include, but are not limited to, Inservco Insurance Services, Inc. of Lawrenceville, New Jersey, Reading Anthrocite Company in Pottsville, Pennsylvania, Travelers Investigative Services, in Reading, Pennsylvania and Selective Insurance Company in Lehigh Valley, Pennsylvania. 14. The aforesaid actions of Defendant Albert R. Thomas constitute breaches of the employment contract and in particular the covenant not to compete contained in the employment contract. 15. The activities of Defendant Albert R. Thomas, as set forth above, and his continuance of these activities, have caused and will continue to cause irreparable harm to ICS's business and valuable goodwill in that: a. ICS has lost and will continue to lose a substantial and indefinite number of present and prospective customers; and b. ICS has suffered and will continue to suffer a substantial and severe loss of profits now and indefinitely into the future. 16. Defendant Hayes Stoudt is an indispensable party because it is believed and therefore averred that it has received and retained fees and profits which were obtained as a result of the actions, contacts and solicitations of Defendant Thomas that constitute violations of the covenant not to compete contained in the employment agreement. 17. ICS has no adequate remedy at law to protect its business and property rights and restraint by injunction is necessary to afford adequate relief. WHEREFORE, Plaintiff, Investigative Consultant Services, Inc. respectfully requests this Honorable Court to decree and enter an order directing as follows: (1) That an injunction issue, preliminarily and for a period to continue until October 31, 2002, enjoining Defendant Albert R. Thomas from contacting any previous or current clients oflCS, and from divulging the names or addresses of any oflCS's customers or clients; (2) That Defendants Albert R. Thomas and Hayes Stoudt be required to account to ICS for all fees and profits derived from Defendant Albert R. Thomas' breach of the contract; and (3) That ICS be granted such other relief as the Court may deem just and appropriate. Breach of Contract (Covenant not to Compete) ICS v. Sheri Thomas and Hayes, Stoudt & Associates, Inc. 18. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 17 above as if set forth fully. 19. On December 1, 1995, Plaintiff ICS and Defendant Shed Thomas entered into a valid written employment agreement under whose terms ICS hired Defendant Shed Thomas as an investigator (hereinafter "employment contract"). A true and correct copy of the aforesaid employment contract is attached hereto, made a part hereof and marked as Exhibit "C". 20. In accordance with the employment contract, Defendant Shed Thomas agreed, in consideration of her employment, training and salary, that he would be prohibited for two (2) years from the termination of his employment with ICS from doing any of the following: a. Divulging the names or addresses of any of the clients or customers oflCS to any party not employed by ICS; and b. Calling on or marketing any current client oflCS on behalf of himself or any other employer. 21. In addition, Defendant Shed Thomas agreed that if she violated the aforesaid contractual provision and performed services for any client oflCS during the said two (2) year period following her termination of employment with ICS either personally or on behalf of a new employer she would pay ICS 100% of any fees paid by said client oflCS. 22. On October 30, 2000, Defendant Sheri Thomas voluntarily terminated her employment with ICS, subject to the terms and conditions of the employment contract attached hereto as Exhibit "C". 23. Defendant Sheri Thomas has become associated with Defendant Hayes Stoudt, a direct competitor of ICS. 24. By way of a letter dated September 4, 2001, the attorneys for PlaintifflCS advised Defendant Hayes Stoudt that Defendants Albert and Shed Thomas were in violation of the restrictive covenants contained in the employment contracts and that Defendant Hayes Stoudt account for all fees received by it from the ICS clients identified above. A true and correct copy of the aforesaid letter is attached hereto as Exhibit "B". 25. To date, Defendant Hayes Stoudt has failed and refused to account for the fees it has received fiom ICS's clients, and in fact has refused to even respond to the aforesaid letter. 26. Defendant Shed Thomas has been contacting and soliciting existing and former clients oflCS in an effort to have them shift works fiom ICS to her new employer, Defendant Hayes Stoudt, in violation of the express terms and conditions of the employment contract attached hereto as Exhibit "C". 27. The clients oflCS, which Defendant Shed Thomas has contacted and solicited on behalf of her new employer include, but are not limited to, Inservco Insurance Services, Inc. of Lawrenceville, New Jersey, Reading Anthrocite Company in Pottsville, Pennsylvania, Travelers Investigative Services, in Reading, Pennsylvania and Selective Insurance Company in Lehigh Valley, Pennsylvania. 28. The aforesaid actions of Defendant Shed Thomas constitute breaches of the employment contract and in particular the covenant not to compete contained in the employment contract. 29. The activities of Defendant Shed Thomas, as set forth above, and her continuance of these activities, have caused and will continue to cause irreparable harm to ICS's business and valuable goodwill in that: a. ICS has lost and will continue to lose a substantial and indefinite number of present and prospective customers; and b. ICS has suffered and will continue to suffer a substantial and severe loss of profits now and indefinitely into the future. 30. Defendant Hayes Stoudt is an indispensable party because it is believed and therefore averred that it has received and retained fees and profits which were obtained as a result of the actions, contacts and solicitations of Defendant Thomas that constitute violations of the covenant not to compete contained in the employment agreement. 31. ICS has no adequate remedy at law to protect its business and property rights and restraint by injunction is necessary to afford adequate relief. WHEREFORE, Plaintiff, Investigative Consultant Services, Inc. respectfully requests this Honorable Court to decree and enter an order directing as follows: (1) That an injunction issue, preliminarily and for a period to continue until October 31, 2002, enjoining Defendant Sheri Thomas from contacting any previous or current clients of ICS, and from divulging the names or addresses of any ofICS's customers or clients; (2) That Defendants Shed Thomas and Hayes Stoudt be required to account to ICS for all fees and profits derived from Defendant Sheri Thomas' breach of the contract; and (3) That ICS be granted such other relief as the Court may deem just and appropriate. Misappropriation of Trade Secrets ICS v. Albert R. Thomas and Sheri Thomas 32. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 31 above as if set forth fully. 33. ICS has, by the expenditure of considerable time, effort and money, developed the following valuable proprietary information about its business and its customers, all of which constitute trade secrets: a. The names of its customers; b. The identity of the individual or individuals within each customer's organization who makes actual purchasing decisions; c. Its customer's buying habits and preferences; and d. Pricing and pricing strategies. 34. Defendants Albert R. Thomas and Sheri Thomas duties while employed with ICS were in large part related to the sale of ICS's services to existing and prospective customers and the maintenance of those customer accounts. 35. In their capacity as valued employees of ICS, Defendants Albert R. Thomas and Sheri Thomas had access to and did learn virtually all of the trade secrets and valuable proprietary information of ICS as referred to above. 36. Subsequent to terminating their employment with ICS, Defendants Albert R. Thomas and Sheri Thomas have offered to perform virtually the same services to customers and potential customers of ICS on behalf of Defendant Hayes Stoudt in direct competition with ICS using the proprietary information and trade secrets of ICS. 37. It is believed and therefore averred that Defendants Albert R. Thomas and Sheri Thomas have prepared and/or made proposals to ICS's customers and potential customers on behalf of Defendant Hayes Stoudt using proprietary information and trade secrets leamed while they were employees of ICS. 38. The trade secrets referred to in this action, which are in the possession of Defendants Albert R. Thomas and Sheri Thomas, are being willfully and intentionally used by Defendants to lure ICS's existing and potential customers for their own benefit and to establish favorable relationships with ICS's customers and potential customers on behalf of Defendant Hayes Stoudt. 39. The conduct of Defendants Albert R. Thomas and Shed Thomas, if permitted to continue, will cause ICS to suffer immediate and irreparable harm, loss of business from existing customers, loss of potential business, and loss of goodwill in the marketplace. 40. The monetary value of the harm to ICS cannot be definitely ascertained, nor is there an adequate remedy at law to remedy the harm. WHEREFORE, Plaintiff, Investigative Consultant Services, Inc. respectfully requests this Honorable Court: (a) Co) (c) Date: November 20, 2001 To issue an Order enjoining Defendants Albert R. Thomas and Shed Thomas from communicating with or soliciting any person, finn or corporation which has been or is a customer or a potential customer oflCS until October 31, 2002; To issue an Order directing Defendants Albert R. Thomas, Shed Thomas, and Hayes Stoudt to account to and pay over to ICS any fees and profits the Defendants have received from the sale to any person, finn or corporation which has been or is a customer of ICS; Grant ICS such other relief as this Court shall deem proper. Respectfully submitt, t.t.~d, The~dor~ A. Adler, Esquire Attorney I.D. No. 16267 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff Exhibit A INVESTIGATIVE CONSULTANT SERVICES, INC. "Terms of Employment,, for Persons Employed as Private Detectives/Investigators Effective October 1, 1995 This agreement supersedes all other employment agreements entered into by the employee All persons now employed or who will be employed in the future by Investigative Consultant Services, Inc. ("ICS"), a Pennsylvania corporation with its corporate office located at 3109 North Front Street, Harrisburg, Pennsylvania, as Managers/Private Detectives/Investigators during the course of his employment with ICS. In consideration for the salary agreed upon at the time of hiring each new employee, or for the salary currently being earned by current employees, and subsequent salary evaluations and increases and promotions, and in further consideration for the additional benefits provided in accordance with current company policy, each licensed Private Detective/Investigator and Manager should read and acknowledge, with his signature, intending to be legally bound, the following terms: 1. In addition to my salary, which is to be paid in equal monthly installments payable on the last day of each month, and subject to withholding of federal, state and local taxes, etc., the following additional benefits of my employment have been explained in detail to me by my supervisor: (a) Vacation policy and personal days; (b) Sick leave policy; (c) Paid holidays. Vacation days, personal days, sick days and holidays will be credited as eight (8) hour days for pay purposes; (d) Medical benefits for myself and my family; (e) 401K Savings Plan; (f) Life and Disability Insurance; (g) Reimbursement for business mileage that I drive while working for clients that are ordinarily billable to clients at a reimbursement rate to be set by ICS; and (h) Reimbursement for business expenses that are incurred while working for clients and are ordinarily billable to clients. I understand that the nature of my job will require long hours and odd hours of work, depending on the specific requirement of the cases assigned to me for investigation. I understand this may require holiday and weekend work on occasion. I acknowledge that there are no minimum or maximum hours required on any given day or assignment. I agree to do whatever is necessary to ensure that each assignment I am given is investigated thoroughly and professionally. I understand that my performance will be compared to other managers/investigators by my supervisor and that sustained, superior performance will be rewarded through quality pay increases and bonuses at the discretion of my supervisor. I also understand that, if my performance is lacking in any way, it will be pointed out to me by my supervisor, and administrative action may be taken by my supervisor. I understand that my employment is "at will" and may be terminated by ICS or me at any time. I understand that, if I disagree in any way with my supervisor's decisions and assignments, I may appeal such decisions and/or assignments in writing to the President of ICS. I understand that ICS company policy forbids me to carry firearms or other concealed weapons during the course of my employment due to restrictions in the corporate liability insurance policies. I understand and have read the corporate policy memorandum regarding part-time employment. I agree to comply with the terms of that policy. I understand that it is imperative that I hold a valid driver's license. I affirm that the information regarding my driver's history as presented in my employment application is true and valid as stated. I will report any loss or suspension of my driver's license to ICS immediately. I also affix.:: that I have not been convicted cf a felony or any offense involving moral turpitude or any misdemeanor or offense ~ any nature. 10. 11. 12. I agree to sign a'receipt for all company property issued to me by ICS, and to utilize care in handling all company equipment, including company vehicles. I understand I may be liable for repairs or replacement of said equipment if the damage or loss of said equipment is shown to be a result of negligent or intentional misconduct on my part. After termination of my employment for any reason, I agree to immediately return all ICS property to ICS. I will also turn over all documents, papers, files, records, manuals, or other written or graphic material relating to ICS or any client of ICS. I understand and agree that if, after termination of my employment with ICS, I am required to testify at a hearing or other judicial proceeding regarding an investigation or other administrative matter which occurred during my employment with ICS, I will be reimbursed according to the current rate for mileage allowed by the Internal Revenue Service and at an hourly rate I was earning at the time of termination. This will be a fair and equitable amount for time and service. I understand that I may request that a subpoena be issued for my testimony. I agree to keep an accurate record of my time and mileage on a "Time and Mileage Record" in accordance with ICS policy and further agree to keep a valid and accurate record of reasonable expenses incurred in the course of my employment with ICS supported by receipts, for which I will be reimbursed bi-weekly upon submission of my "Bi-weekly Expense Voucher." I also understand that I will receive a cash advance which I must account for by utilizing my "Bi-weekly Expense Voucher.', (a) I understand and agree that, during the term of my employment with ICS and within two (2) years after termination of employment with ICS, I will not divulge the names or addresses of any of the clients or customers of ICS to any party not employed by ICS, nor will I call on or market any current client of ICS on behalf of myself or any other employer, with the exception that the identity of clients or customers may be provided to future clients as references. I agree that, if I violate this provision and perform services for any client of ICS during said two (2) year period, either personally or on behalf of a new employer, I will pay ICS 100% of any fe~s paid by said client of ICS as liquidated damages fnr the breach of this provision. These fees shall be payable to ICS, without demand by ICS, within 10 days of payment by said client of ICS. 13. 14. 15. 16. (b) I also agree that I will not, during the term of my employment and within said period of two (2) years, induce or attempt to induce employees of ICS to terminate their employment with ICS. (c) I further agree, during the term of my employment and for a period of two (2) years after termination of my employment with ICS, not to divulge any information which I learned while in the employ of ICS which could be construed as a "trade secret". All such disclosures must be approved, in advance, by ICS' Chief Executive Officer. (d) I agree that the provisions of this paragraph 12 are reasonable. I understand that if I breach or threaten to breach the provisions of this paragraph, ICS shall be entitled to seek any available remedy at law for damages or in equity, including without limitation a preliminary and permanent injunction preventing me from violating its provisions. If a court determines any portion of this paragraph to be unenforceable, this paragraph shall not be rendered void, but shall be deemed amended as a court may determine. I agree to conduct myself at all times while an employee of ICS in an ethical, moral and professional manner. I agree to provide two (2) weeks written notice in the event that I desire to terminate my employment with ICS. I understand that I will be paid at the time of termination of my employment, at the end of the calendar month following the date of termination, and that my final paycheck will include payment for unused annual leave in accordance with the current ICS policy. I understand that, prior to the issuance of my final paycheck, my equipment will be inspected for damages and accounted for, and my expense voucher.reviewed and settled. All damage to my equipment must be resolved, and all costs incurred by ICS will either be paid for or will be deducted from my final paycheck. I understand that any violation of the "Terms of Employment', may result in administrative or disciplinary action being taken by ICS. I understand and acknowledge that any use of the client lists, prospective client material, price lists, report formats and/or other confidential materi~l considered as "trade secrets" after termination or my employment with ICS may result i? legal action being taken against me by ICS. 17. 18. Employee shall not divulge any information acquired by employees of Ice to anyone and further shall not make a false report to ICS. To divulge information is a violation' of Section 14 of the Private Detective Act. This agreement is to be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. The corporate headquarters of Ice are in Harrisburg, Pennsylvania. Any disputes or litigation concerning the terms of this document or the breach of any terms hereof shall be resolved by the courts in Dauphin County, Pennsylvania, and I consent to the venue and jurisdiction of said courts. I, the undersigned, acknowledge that I have read and understand the above "Terms of Employment." Signature ICSEMPL2.AGR DRG19 Exhibit B REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW THEODORE a. ADLER + DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR Wdter's E-Mail Address: taadler@epix.net 2331 MARKET STREET *' CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com September 4, 2001 THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE H. CLOUGH + Cedified Civil THai Specialist Tom Hayes Jeff Stoudt Hayes, Stoudt & Associates, Inc. Professional Investigations 328 W. Broad Street, Suite 200 Quakertown, PA 18951 Re~ Albert Thomas; Sheri Thomas Our File No.: 00-871.000 Gentlemen: We represent Investigative Consultant Services, Inc. (ICS). Albert and Shed Thomas were employees oflCS until October 31, 2000. As part of their employment, the Thomases signed an employment agreement with ICS. The agreement contained a restrictive covenant that prevents the Thomases from calling on or marketing to any clients of ICS for a period of two (2) years following their termination of employment. Recently, it has come to ICS's attention that the Thomases have been employed by your company. Indeed, Albert Thomas is holding himself out as your company's Manager of Investigations. In that capacity he has solicited business from a number of companies which were clients oflCS's at the time the Thomases terminated their employment with ICS. These clients include, but are not limited to: (a) Inserveco Insurance Services, Inc., Lawrensville, NJ; (b) Reading Anthracite Company, Pottsville, PA; (c) Travelers Investigative Services, Reading, PA; and (d) Selective Insurance Company, Lehigh Valley, PA. ICS has confirmed that Al Thomas has been in contact with each of these companies and perhaps other ICS c~ients. Tom Hayes Jeff Stoudt Hayes, Stoudt & Associates, Inc. September 4, 2001 Page 2 The employment agreement signed by the Thomases provides that ICS shall be paid, as liquidated damages, 100% of the fees received from any client oflCS with whom the Thomases may have dealt with in violation of the employment agreement. We are requesting that you provide us with the following information: (a) (b) Confirmation that Sheri Thomas is employed by your company; and An accounting of all fees received by your company from the ICS clients identified above since November 1, 2000. We are also demanding that your company agree that the Thomases will not have any dealings with present or former ICS clients until November 1, 2002, and that your company will ensure compliance with this agreement. Since both of you previously worked for ICS, we assume that you have knowledge oflCS's client base. However, if you need a list of clients with whom the Thomases may have no contact, ICS will provide it to you. By copy of this letter, we are demanding that the Thomases have no dealings with any present or former ICS clients until November 1, 2002. We can resolve the issue set forth in this letter the easy way or the hard way. It is your choice. If we do not hear from you within ten (10) days of the date of this letter that you have agreed to all of the provisions contained herein, we will assume that you have chosen the hard way and we will commence litigation. We look forward to your response. TAA/cmc cc: Albert and Sheri Thomas Carl Schleicher Investigative Consultant Services, Inc. ~re ~A. Adler Exhibit C Employee's Name:... ~t-~ ~-~. ~ ~ INVESTIGATIVE CONSULTA/~T SERVlCESt INC. "Terms of Employment', for Persons Employed as Private Detectives/Investigators Effective October 1, 1995 This agreement supersedes all other employment agreements entered into by the employee Ail persons now employed or who will be employed in the future by Investigative Consultant Services, Inc. ("ICS"), a Pennsylvania corporation with its corporate office located at 3109 North Front Street, Harrisburg, Pennsylvania, as Private Detectives/Investigators during the course of his employment with ICS. ' In consideration of the hourly wage agreed upon at the time of hiring each new employee, or for the hourly wage currently being earned by current employees, and subsequent hourly wage evaluations and increases and promotions, and in further consideration of the additional benefits provided in accordance with current ICS policy, each licensed Private Detective/Investigator should read and acknowledge, with his signature, intending to be legally bound, the following terms: 1. I will receive an hourly ~age which is to be paid in monthly installments, payable on the last day of each month, and subject to withholding of federal, state and local taxes, etc. I will record all hours worked on time sheets to be reviewed by my supervisor. I understand that I will be paid for a minimum of forty (40) hours a week. In addition to this hourly wage, the following additional benefits of my employment have been explained in detail to me by my supervisor: (a) Vacation policy and personal days; (b) Sick leave policy; (c) Paid holidays. Vacation days, personal days, sick days and holidals will be credited as eight (8) hour days for pay purposes; (d) ~[ed[cal benefits for myself and my family; (e) 401K Saving-: Plan; (f) Life and Disability Insurance; 4 o (g) Overtime pay for hours worked in e~cess of forty (40) hours a week. Overtime pay will be paid on the next payday after the month in which it is worked (i.e., October overtime will be paid in November); and (h) Reimbursement for business mileage that I drive while working for clients that are ordinarily billable to clients at a reimbursement rate to be set by ICS; and (i) Reimbursement for business expenses that are incurred while working for clients and are ordinarily billable to clients. I understand that the nature of my job will require long hours and odd hours of work, depending on the specific requirement of the cases assigned to me for investigation. I understand this may require holiday and weekend work on occasion. I acknowledge that there are no minimum or maximum hours required on any given day or assignment. ! agree to do whatever is necessary to ensure that each assignment I am given is investigated thoroughly and professionally. I understand that my performance will be compared to other investigators by my supervisor and that sustained, superiqr performance will be rewarded through quality pay increases and bonuses at the discretion of my supervisor. ! also understand that, if my performance is lacking in any way, it will be pointed out to me by my supervisor, and administrative action may be taken by my supervisor. I understand that my emplo~.ent is "at will" and may be terminated by ICS or me at any time. I understand that, if I disagree in any way with my supervisor's decisions and assignments, I may appeal such decisions and/or assignments in writing to the President of ICS. I understand that ICS company policy forbids me to carry firearms or other concealed weapons during the course of my employment due to restrictions in the corporate liability insurance policies. I understand and have read the corporate policy memorandum regarding part-time employment. I agree to comply with the ter~5 of that policy. I un~.~'~stand that it is imperative that I hold a valid driveri ~ license. I affirm that the information regarding my driver's history as presented in my employment application is true and valid as stated. I 9 o 10. 11. 12. 13. will report any loss or suspension of my driver's license to ICS immediately. I also affirm that I have not been convicted of a felony or any offense involving moral turpitude or any misdemeanor or offense of any nature. I understand that I must supply my own vehicle that is suitable for investigative and surveillance work. The vehicle must be approved by my regional manager. I will not perform maintenance of or repairs to my vehicle on ICS' time. I further understand that I must carry my own vehicle insurance and agree to provide ICS with a current certificate of insurance upon renewal, or at least annually. In addition, I will report any cancellation of my automobile policy to ICS immediately. I agree to sign a receipt for all company property issued to me by ICS and to utilize care in handling all ICS equipment. I understand that I may be liable for repairs or replacement of said equipment if the damage or loss of said equipment is shown to be a result of negligent or intentional misconduct on my part. After termination of my employment for any reason, I agree to immediately return all ICS property to ICS. I will also turn over all documents, papers, files, records, manuals, or other written or graphic material relating to ICS or any client of ICS. I understand and agree that if, after termination of my employ~ent with ICS, I am required to testify at a hearing or other judicial proceeding regarding an investigation or other administrative matter which occurred during my employment with ICe, I will be reimbursed according to the current rate for mileage allowed by the Internal Revenue Service and at an hourly rate set by ICS and advertised to all employees by a policy memorandum. This rate will be revised annually by ICS and will be a fair and equitable amount for time and service. I understand that I may request that a subpoena be issued for my testimony. I agree to keep an accurate record of my time and mileage on a "Time and Mileage Record" in accordance with ICS policy and further agree to keep a valid and accurate record of reasonable expenses incurred in the course of my employment with ICS supported by receipts, for which I will be reimbursed bi-weekly upon submission of my "Bi-weekly Expense Voucher." I also understand that 1%~ill receive a cash advance which I must account for by utilizing my "Bi-weekly Expense Voucile~. ~t (a) I unc=ustand and agree that, during the term of my employmen% -,Tith ICe and within two (2) years after 14. 15. termination of employment with ICS, I will not divulge the names or addresses of any of the~ clients or customers of ICS to any party not~ employed by ICS, nor will I call on or market any current client of ICS on behalf of myself or any other employer, with the exception t~at the identity of clients or customers may be provided to future clients as references. I agree that, if I violate this provision and perform services for any client of ICS during said two (2) year period, either personally or on behalf of a new employer, I will pay ICS 100% of any fees paid by said client of ICS as liquidated damages for the breach of this provision. These fees shall be payable to ICS, without demand by ICS, within 10 days of payment by said client of ICS. (b) I also agree that I will not, during the term of my employment and within said period of two (2) years, induce or attempt to induce employees of ICS to terminate their employment with ICS. (c) i further agree, during the term of my employment and for a period of two (2) years after termination of my employment with ICS, not to divulge any information which I learned while in the employ of ICS which could be construed as a "trade secret". Ail such disclosures must be approved, in advance, by ICS' Chief Executive Officer. (d) I agree that the provisions of this paragraph 13 are reasonable. I understand that if I breach or threaten to breach the provisions of this paragraph, ICS shall be entitled to seek any available remedy at law for damages or in equity, including without limitation a preliminary and permanent injunction preventing me from violating its provisions. If a court determines any portion of this paragraph to be unenforceable, this paragraph shall not be rendered void, but shall be deemed amended as a court may determine. I agree to conduct myself at all times while an employee of ICS in an ethical, moral and professional manner. I agree to provide two (2) weeks written notice in the event that I desire to terminate my emplcvment with ICS. I understand that I will be paid at-the time of termination of my employment, at the end of the cale~.iar month following the date of termination, and that m~ final paycheck will include payment for unused annual leaYe in accordance with ~ke current ICS policy. I understand that, prior to the issuanc~ of my final paycheck, my equipment will be inspected for damages and accounted for, and my expense voucher reviewed an~ settled. All damage to my equipment must be resolved, and all costs incurred by ICS will either be paid for or will be deducted from my final paycheck. 16. I understand that any violation of the "Terms of Emp!oy~ent" may result in administrative or disciplinary action being taken by Ica. 17. I understand and acknowledge that any use of the client lists, prospective client material, price lists, report formats and/or other confidential material considered as "trade secrets" after termination or my employment with ICS may result in legal action being taken against me by ICS. 18. Employee shall not divulge any info:'~ation acquired employees of ICS to anyone and further shall not make a false report to ICa. To divulge information is a violation of Section 14 of the Private Detective Act. 19. This agreement is to be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. The corporate headquarters of ICS are in Harrisburg, Pennsylvania. Any disputes or litigation concerning the terms of this document or the breach of any terms hereof shall be resolved by the courts in Dauphin County, Pennsylvania, and I consent to the venue and jurisdiction of said courts. I, the undersigned, acknowledqe that I have read and understand the above "Terms~of ~zp!oyment.,, Signature '~~/~r / //~/~///ff~-~ Date !i,.~7'/'- [CSEMPLY.AGR ORG19 I, Carl Schleicher, verify the averments of the foregoing Complaint in Equity are tree and correct to my personal 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. ~--~ L ~t 1~8£ L-£gL (LLL) ~'~J'~-L LOLL Ycl "1"11FI .L:::I :II:I.I.S .L::I)tI:Iy~ N~Y-I .L¥ SA3NI:IOJ_I.Y INVESTIGATIVE CONSULTANT SERVICES, INC., Plaintiff Vo ALBERT R. THOMAS, SHERI THOMAS and HAYES, STOUDT & ASSOCIATES, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : NO: C~/~ (, ~'6c~ ~ ~ : : EQUITY : Defendants : MOTION FOR PRELIMINARY INJUNCTION AND NOW, comes Plaintiff, Investigative Consultant Services, Inc. by and through its attorneys, Reager & Adler, P.C. and respectfully moves this Court for a preliminary injunction pursuant to Pa.R.C.P. 1531, and in support thereof avers as follows: 1. Plaintiff Investigative Consultant Services, Inc.'s (hereinafter "ICS") Complaint in Equity is incorporated herein by reference in its entirety as if fully set forth herein at length. A true and correct copy of Plaintiff's Complaint is attached hereto and made a part hereof and marked as Exhibit "A". 2. Defendants Albert R. Thomas and Sheri Thomas have refused and continue to refuse to cease their contact and solicitation of Plaintiff ICS's clients and customers, which contact and solicitation is in direct violation of the restrictive covenants contained in the Employment Agreement of December 1, 1995, between Plaintiff ICS and Defendants Albert R. Thomas and Shed Thomas. (See Exhibit "A" attached to Plaintiff's Complaint in Equity) 3. Defendants Albert R. Thomas and Shed Thomas have been soliciting and contacting ICS's customers and clients in violation of the covenant not to compete contained in the agreement. 4. Unless such improper conduct of the Defendants is immediately enjoined and ICS is granted relief as requested, ICS will be irreparably injured in that: a. ICS will continue to lose a substantial and indefinite number of present and prospective customers; b. ICS will continue to suffer a substantial and severe loss of profits now and indefinitely into the future; and c. ICS will continue to suffer irreparable harm to its reputation in the eyes of its former and current customers and clients. WHEREFORE, Plaintiff, Investigative Consultant Services, Inc. requests this Honorable Court to enter an Order pursuant to Pa. R.C.P. 1531 as follows: (1) That all Defendants be ordered to appear, following due notice, and show cause why a preliminary injunction should not be issued during the pendency of this action according to the relief requested in the Complaint oflCS and the requested injunctive relief; (2) That an injunction shall issue, preliminarily until final heating, and for a period to extend to October 31, 2002, enjoining Defendants from soliciting or contacting the former or current customers oflCS, and enjoining the Defendants from utilizing, divulging, or otherwise disseminating any proprietary or confidential information acquired during Defendants time of employment with the Plaintiff; (3) That the Court's Order shall remain in full rome and effect until such time as this Court specifically orders otherwise. Date: November 20, 2001 Respectfully submitte~l~ Theodolte A. Adler, Esquire Attorney I.D. No. 16267 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff Exhibit A INVESTIGATIVE CONSULTANT SERVICES, INC., Plaintiff Vo ALBERT R. THOMAS, SHERI THOMAS and HAYES, STOUDT & ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: EQUITY You have been sued in court. If you wish to defend aga'mst the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 INVESTIGATIVE CONSULTANT SERVICES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: ALBERT R. THOMAS, SHERI THOMAS EQUITY and HAYES, STOUDT & ASSOCIATES, INC., : Defendants : COMPLAINT IN EQUITY 1. The Pla'mtiff Investigative Consultant Services, Inc. (hereinafter "ICS") is a corporation incorporated and doing business under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 4004 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant Albert R. Thomas is an adult individual with a present address of 118 East Second Street, Mt. Carmel, Pennsylvania 17851. 3. Defendant Sheri Thomas is an adult individual with a present address of 118 East Second Street, Mr. Carmel, Pennsylvania 17851. 4. Defendant Hayes, Stoudt & Associates, Inc. (hereinafter "Hayes Stoudt") is a corporation incorporated and doing business under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 328 West Broad Street, Suite 200, Quakertown, Pennsylvaxfia 18951. Breach of Contract (Covenant Not to Compete) ICS v. Albert R. Thomas and Hayes, Stoudt & Associates, Inc. 5. On December 1, 1995, Plaintiff ICS and Defendant Albert R. Thomas entered into a valid written employment agreement under whose terms ICS hired Defendant Albert R. Thomas as an investigator (hereinafter "employment contract"). A true and correct copy of the aforesaid employment contract is attached hereto, made a part hereof and marked as Exhibit "A". 6. In accordance with the employment contract, Defendant Albert R. Thomas agreed, in consideration of his employment, training and salary, that he would be prohibited for two (2) years fi:om the termination of his employment with ICS from doing any of the following: a. Divulging the names or addresses of any of the clients or customers of ICS to any party not employed by ICS; and b. Calling on or marketing any current client oflCS on behalf of himself or any other employer. 7. In addition, Defendant Albert R. Thomas agreed that if he violated the aforesaid contractual provision and perfomxed services for any client oflCS during the said two (2) year period following his termination of employment with ICS either personally or on behalf of a new employer he would pay ICS 100% of any fees paid by said client oflCS. 8. On October 30, 2000, Defendant Albert R. Thomas voluntarily terminated his employment with ICS, subject to the terms and conditions of the employment contract attached hereto as Exhibit "A". 9. Defendant Albert R. Thomas has become associated with Defendant Hayes Stoudt, a direct competitor oflCS. 10. By way of a letter dated September 4, 2001, the attorneys for Plaintiff ICS advised Defendant Hayes Stoudt that Defendants Albert and Sheri Thomas were in violation of the restrictive covenants contained in the employment contracts and that Defendant Hayes Stoudt account for all fees received by it fi:om the ICS clients identified above. In particular, ICS's attorneys advised Defendant Hayes Stoudt that Defendant Albert Thomas had violated his employment contract by contacting Travelers Investigative Services and Selective Insurance Company. A tree and correct copy of the aforesaid letter is attached hereto as Exhibit "B". 11. To date, Defendant Hayes Stoudt has failed and refused to account for the fees it has received from ICS's clients, and in fact has refused to even respond to the aforesaid letter. 12. Defendant Albert R. Thomas has been contacting and soliciting existing and former clients oflCS in an effort to have them shif~ work from ICS to his new employer, Defendant Hayes Stoudt, in violation of the express terms and conditions of the employment contract attached hereto as Exhibit "A". 13. The clients oflCS, which Defendant Albert R. Thomas has contacted and solicited on behalf of his new employer include, but are not limited to, Inservco Insurance Services, Inc. of Lawrenceville, New Jersey, Reading Anthrocite Company in Pottsville, Pennsylvania, Travelers Investigative Services, in Reading, Pennsylvania and Selective Insurance Company in Lehigh Valley, Pennsylvania. 14. The aforesaid actions of Defendant Albert R. Thomas constitute breaches of the employment contract and in particular the covenant not to compete contained in the employment contract. 15. The activities of Defendant Albert R. Thomas, as set forfla above, and his continuance of these activities, have caused and will continue to cause irreparable harm to ICS's business and valuable goodwill in that: a. ICS has lost and will continue to lose a substantial and indefinite number of present and prospective customers; and b. ICS has suffered and will continue to suffer a substantial and severe loss of profits now and indefinitely into the future. 16. Defendant Hayes Stoudt is an indispensable party because it is believed and therefore averred that it has received and reta'med fees and profits which were obtained as a result of the actions, contacts and solicitations of Defendant Thomas that constitute violations of the covenant not to compete contained in the employment agreement. 17. ICS has no adequate remedy at law to protect its business and property rights and restraint by injunction is necessary to afford adequate relief. WHEREFORE, Plaintiff, Investigative Consultant Services, Inc. respectfully requests this Honorable Court to decree and enter an order directing as follows: (1) That an injunction issue, preliminarily and for a period to continue until October 31, 2002, enjoining Defendant Albert R. Thomas from contacting any previous or current clients oflCS, and from divulging the names or addresses of any of ICS's customers or clients; (2) That Defendants Albert R. Thomas and Hayes Stoudt be required to account to ICS for all fees and profits derived from Defendant Albert R. Thomas' breach of the contract; and (3) That ICS be granted such other relief as the Court may deem just and appropriate. Breach of Contract (Covenant not to Compete) ICS v. Sheri Thomas and Hayes, Stoudt & Associates, Inc. 18. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 17 above as if set forth fully. 19. On December 1, 1995, Plaintiff ICS and Defendant Sheri Thomas entered into a valid written employment agreement under whose temps ICS hired Defendant Sheri Thomas as an investigator (hereinafter "employment contract"). A true and correct copy of the aforesaid employment contract is attached hereto, made a part hereof and marked as Exhibit "C". 20. In accordance with the employment contract, Defendant Shed Thomas agreed, in consideration of her employment, training and salary, that he would be prohibited for two (2) years from the termination of his employment with ICS from doing any of the following: a. Divulging the names or addresses of any of the clients or customers of ICS to any party not employed by ICS; and b. Calling on or marketing any current client of ICS on behalf of himself or any other employer. 21. In addition, Defendant Shed Thomas agreed that if she violated the aforesaid contractual provision and performed services for any client of ICS during the said two (2) year period following her ten;fination of employment with ICS either personally or on behalf of a new employer she would pay ICS 100% of any fees paid by said client of ICS. 22. On October 30, 2000, Defendant Shed Thomas voluntarily tenidnated her employment with ICS, subject to the terms and conditions of the employment contract attached hereto as Exhibit "C". 23. Defendant Shed Thomas has become associated with Defendant Hayes Stoudt, a direct competitor of ICS. 24. By way of a letter dated September 4, 2001, the attorneys for PlaintiffICS advised Defendant Hayes Stoudt that Defendants Albert and Shed Thomas were in violation of the restrictive covenants contained in the employment contracts and that Defendant Hayes Stoudt account for all fees received by it 15om the ICS clients identified above. A tree and correct copy of the aforesaid letter is attached hereto as Exhibit "B". 25. To date, Defendant Hayes Stoudt has failed and refused to account for the fees it has received from ICS's clients, and in fact has refused to even respond to the aforesaid letter. 26. Defendant Shed Thomas has been contacting and soliciting existing and former clients oflCS in an effort to have them shift works from ICS to her new employer, Defendant Hayes Stoudt, in violation of the express terms and conditions of the employment contract attached hereto as Exhibit "C". 27. The clients oflCS, which Defendant Shed Thomas has contacted and solicited on behalf of her new employer include, but are not limited to, Inservco Insurance Services, Inc. of Lawrenceville, New Jersey, Reading Anthrocite Company in Pottsville, Pennsylvania, Travelers Investigative Services, in Reading, Pennsylvania and Selective Insurance Company in Lehigh Valley, Pennsylvania. ' 28. The aforesaid actions of Defendant Sheri Thomas constitute breaches of the employment contract and in particular the covenant not to compete contained in the employment contract. 29. The activities of Defendant Shed Thomas, as set forth above, and her continuance of these activities, have caused and will continue to cause irreparable harm to ICS's business and valuable goodwill in that: a. ICS has lost and will continue to lose a substantial and indefinite number of present and prospective customers; and b. ICS has suffered and will continue to suffer a substantial and severe loss of profits now and indefinitely into the furore. 30. Defendant Hayes Stoudt is an indispensable party because it is believed and therefore averred that it has received and retained fees and profits which were obtained as a result of the actions, contacts and solicitations of Defendant Thomas that constitute violations of the covenant not to compete contained in the employment agreement. 31. ICS has no adequate remedy at law to protect its business and property rights and restraint by injunction is necessary to afford adequate relief. WHEREFORE, Pla'tariff, Investigative Consultant Services, Inc. respectfully requests this Honorable Court to decree and enter an order directing as follows: (1) That an injunction issue, preliminarily and for a period to continue until October 31, 2002, enjoining Defendant Sheri Thomas from contacting any previous or current clients of ICS, and from divulging the names or addresses of any ofICS's customers or clients; (2) That Defendants Sheri Thomas and Hayes Stoudt be required to account to ICS for all fees and profits derived from Defendant Sheri Thomas' breach of the contract; and (3) That ICS be granted such other relief as the Court may deem just and appropriate. Misappropriation of Trade Secrets ICS v. Albert R. Thomas and Sheri Thomas 32. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 31 above as if set forth fully. 33. ICS has, by the expenditure of considerable time, effort and money, developed the following valuable proprietary information about its business and its customers, all of which constitute trade secrets: a. The names of its customers; b. The identity of the individual or individuals within each customer's organization who makes actual purchasing decisions; c. Its customer's buying habits and preferences; and d. Pricing and pricing strategies. 34. Defendants Albert R. Thomas and Sheri Thomas duties while employed with ICS were in large part related to the sale oflCS's services to existing and prospective customers and the maintenance of those customer accounts. 35. In their capacity as valued employees oflCS, Defendants Albert R. Thomas and Sheri Thomas had access to and did learn virtually all of the trade secrets and valuable proprietary information oflCS as referred to above. 36. Subsequent to terminating their employment with ICS, Defendants Albert R. Thomas and Sheri Thomas have offered to perform virtually the same services to customers and potential customers oflCS on behalf of Defendant Hayes Stoudt in direct competition with ICS using the proprietary information and trade secrets oflCS. 37. It is believed and therefore averred that Defendants Albert R. Thomas and Sheri Thomas have prepared and/or made proposals to ICS's customers and potential customers on behalf of Defendant Hayes Stoudt using proprietary information and trade secrets learned while they were employees oflCS. 38. The trade secrets referred to in this action, which are in the possession of Defendants Albert R. Thomas and Sheri Thomas, are being willfully and intentionally used by Defendants to lure ICS's existing and potential customers for their own benefit and to establish favorable relationships with ICS's customers and potential customers on behalf of Defendant Hayes Stoudt. 39. The conduct of Defendants Albert R. Thomas and Sheri Thomas, if permitted to continue, will cause ICS to suffer immediate and irreparable haun, loss of business from existing customers, loss of potential business, and loss of goodwill in the marketplace. 40. The monetary value of the harm to ICS cannot be definitely ascertained, nor is there an adequate remedy at law to remedy the harm. WHEREFORE, Plaintiff, Investigative Consultant Services, Inc. respectfully requests this Honorable Court: (a) (c) Date: November 20, 2001 To issue an Order enjoining Defendants Albert R. Thomas and Sheri Thomas from communicating with or soliciting any person, finn or corporation which has been or is a customer or a potential customer oflCS until October 31, 2002; To issue an Order directing Defendants Albert R. Thomas, Sheri Thomas, and Hayes Stoudt to account to and pay over to ICS any fees and profits the Defendants have received from the sale to any person, finn or corporation which has been or is a customer oflCS; Grant ICS such other relief as this Court shall deem proper. Respectfully submi~.~.~,d, - / Th~dore A. Adler, Esquire Attorney I.D. No. 16267 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff EXHIBIT "A" EmploYee's Name: POSITION: ~.-~ f~ Dated: INVESTIGATIVE CONSULTANT SERVICES, INC. "Terms of Employment" for Persons Employed as Private Detectives/Investigators Effective October 1, 1995 This agreement supersedes all other employment agreements entered into by the employee Ail persons now employed or who will be employed in the future by Investigative Consultant Services, Inc. ("ICS"), a Pennsylvania corporation with its corporate office located at 3109 North Front Street, Harrisburg, Pennsylvania, as Managers/Private Detectives/Investigators during the course of his employment with ICS. In consideration for the salary agreed upon at the time of hiring each new employee, or for the salary currently being earned by current employees, and subsequent salary evaluations and increases and promotions, and in further consideration for the additional benefits provided in accordance with current company policy, each licensed Private Detective/Investigator and Manager should read and acknowledge, with his signature, intending to be legally bound, the following terms: In addition to my salary, which is to be paid in equal monthly installments payable on the last day of each month, and subject to withholding of federal, state and local taxes, etc., the following additional benefits of my employment have been explained in detail to me by my supervisor: (a) Vacation policy and personal days; (b) Sick leave policy; (c) Paid holidays. Vacation days, personal days, sick days and holidays will be credited as eight (8) hour days for pay purposes; (d) Medical benefits for myself and my family; (e) 401K Savings Plan; (f) Life and Disability Insurance; 6e (g) Reimbursement for business mileage that I drive while working for clients that are ordinarily billable to clients at a reimbursement rate to be set by ICS; and (h) Reimbursement for business expenses that are incurred while working for clients and are ordinarily billable to clients. I understand that the nature of my job will require long hours and odd hours of work, depending on the specific requirement of the cases assigned to me for investigation. I understand this may require holiday and weekend work on occasion. I acknowledge that there are no minimum or maximum hours required on any given day or assignment. I agree to do whatever is necessary to ensure that each assignment I am given is investigated thoroughly and professionally. I understand that my performance will be compared to other managers/investigators by my supervisor and that sustained, superior performance will be rewarded through quality pay increases and bonuses at the discretion of my supervisor. I also understand that, if my performance is lacking in any way, it will be pointed out to me by my supervisor, and administrative action may be taken by my supervisor. I understand that my employment is "at will" and may be terminated by ICS or me at any time. I understand that, if I disagree in any way with my supervisor's decisions and assignments, I may appeal such decisions and/or assignments in writing to the President of ICS. I understand that ICS company policy forbids me to carry firearms or other concealed weapons during the course of my employment due to restrictions in the corporate liability insurance policies. I understand and have read the corporate policy memorandum regarding part-time employment. I agree to comply with the terms of that policy. I understand that it is imperative that I hold a valid driver's license. I affirm that the information regarding my driver's history as presented in my employment application is true and valid as stated. I will report any loss or suspension of my driver's license to ICS immediately. I also affirm: that I have not been convicted of a felony or any offense involving moral turpitude or any misdemeanor or offense e~ any nature. 10. 11. 12. I agree to sign' a'receipt for all company property issued to me by ICS, and to utilize care in handling all company equipment, including company vehicles. I understand I may be liable for repairs or replacement of said equipment if the damage or loss of said equipment is shown to be a result of negligent or intentional misconduct on my part. After termination of my employment for any reason, I agree to immediately return all ICS property to ICS. I will also turn over all documents, papers, files, records, manuals, or other written or graphic material'relating to ICS or any client of ICS. I understand and agree that if, after termination of my employment with ICS, I am required to testify at a hearing or other judicial proceeding regarding an investigation or other administrative matter which occurred during my employment with ICS, I will be reimbursed according to the current rate for mileage allowed by the Internal Revenue Service and at an hourly rate I was earning at the time of termination. This will be a fair and equitable amount for time and service. I understand that I may request that a subpoena be issued for my testimony. I agree to keep an accurate record of my time and mileage on a "Time and Mileage Record" in accordance with ICS policy and further agree to keep a valid and accurate record of reasonable expenses incurred in the course of my employment with ICS supported by receipts, for which I will be reimbursed bi-weekly upon submission of my "Bi-weekly Expense Voucher." I also understand that I will receive a cash advance which I must account for by utilizing my "Bi-weekly Expense Voucher." (a) I understand and agree that, during the term of my employment with ICS and within two (2) years after termination of employment with ICS, I will not divulge the names or addresses of any of the clients or customers of ICS to any party not employed by ICS, nor will I call on or market any current client of ICS on behalf of myself or any other employer, with the exception that the identity of clients or customers may be provided to future clients as references. I agree that, if I violate this provision and perform services for any client of ICS during said two (2) year period, either personally or on behalf of a new employer, I will pay ICS 100% of any fees paid by said client of ICS as liquidated damages fqr the breach of this provision. These fees shall be payable to ICS, without demand by ICS, within 10 days of payment by said client of ICS. 13. 14. 15. 16. (b) I also agree that I will not, during the term of my employment and within said period of two (2) years, induce or attempt to induce employees of ICS .to terminate their employment with ICS. (c) I further agree, during the term of my employment and for a period of two (2) years after termination of my employment with ICS, not to divulge any information which I learned while in the employ of Ica which could be construed as a "trade secret". All such disclosures must be approved, in advance, by ICS' Chief Executive Officer. (d) I agree that the provisions of this paragraph 12 are reasonable. I understand that if I breach or threaten to breach the provisions of this paragraph, Ica shall be entitled to seek any available remedy at law for damages or in equity, including without limitation a preliminary and permanent injunction preventing me from violating its provisions. If a court determines any portion of this paragraph to be unenforceable, this paragraph shall not be rendered void, but shall be deemed amended as a court may determine. I agree to conduct myself at all times while an employee of ICS in an ethical, moral and professional manner. I agree to provide two (2) weeks written notice in the event that I desire to terminate my employment with ICS. I understand that I will be paid at the time of termination of my employment, at the end of the calendar month following the date of termination, and that my final paycheck will include payment for unused annual leave in accordance with the current Ica policy. I understand that, prior to the issuance of my final paycheck, my equipment will be inspected for damages and accounted for, and my expense voucher'reviewed and settled. All damage to my equipment must be resolved, and all costs incurred by Ica will either be paid for or will be deducted from my final paycheck. I understand that any violation of the "Terms of Employment" may result in administrative or disciplinary action being taken by Ica. I understand and acknowledge that any use of .the client lists, prospective client material, price lists, report formats and/or other confidential material considered as "trade secrets" after termination or my employment with ICS may result i~ legal action being taken against me by ICS. 17. Employee shall not divulge any information acquired by employees of Ice toanyone and further Shall not make a false report to ICS. To divulge information is a violation-of Section 14 of the Private Detective Act. 18. Th~s agreement is to be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. The corporate headquarters of ICS are in Harrisburg, Pennsylvania. Any disputes or litigation concerning the terms of this document or the breach of any terms hereof shall be resolved by the courts in Dauphin County, Pennsylvania, and I consent to the venue and jurisdiction of said courts. I, the undersigned, acknowledge that I have read and understand the above "Terms of Employment." Signature ~~ Date /c~ /( / q ~~' I CS£MPL2.AGR DRG19 EXHIBIT "B" REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW THEODORE A. ADLER+ DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRADENISON CANTOR Writer's E.Mail Address: taadler@epix.net Tom Hayes Jeff Stoudt Hayes, Stoudt & Associates, Inc. Professional Investigations 328 W. Broad Street, Suite 200 Quakertown, PA 18951 2331 MARKET STREET ; CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com September 4, 2001 THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE H. CLOUGH + Certified C/vll THai Specialist Re; Albert Thomas; Sheri Thomas Our File No.: 00-871.000 Gentlemen: We represent Investigative Consultant Services, Inc. (ICS). Albert and Shed Thomas were employees of ICS until October 31, 2000. As part of their employment, the Thomases signed an employment agreement with ICS. The agreement contained a restrictive covenant that prevents the Thomases from calling on or marketing to any clients of ICS for a period of two (2) years following their termination of employment. Recently, it has come to ICS's attention that the Thomases have been employed by your company. Indeed, Albert Thomas is holding himself out as your company's Manager of Investigations. In that capacity he has solicited business from a number of companies which were clients of ICS's at the time the Thomases terminated their employment with ICS. These clients include, but are not limited to: (a) (b) (c) (d) Inserveco Insurance Services, Inc., Lawrensville, NJ; Reading Anthracite Company, Pottsville, PA; Travelers Investigative Services, Reading, PA; and Selective Insurance Company, Lehigh Valley, PA. ICS has confirmed that A1 Thomas has been in contact with each of these companies and perhaps other ICS cqents. Tom Hayes Jeff Stoudt Hayes, Stoudt & Associates, Inc. Sep,tember 4, 2001 Page 2 The employment agreement signed by the Thomases provides that ICS shall be paid, as liquidated damages, 100% of the fees received fi.om any client oflCS with whom the Thomases may have dealt with in violation of the employment agreement. We are requesting that you provide us with the following information: (a) (b) Confirmation that Sheri Thomas is employed by your company; and An accounting of all fees received by your company from the ICS clients identified above since November 1, 2000. We are also demanding that your company agree that the Thomases will not have any dealings with present or former ICS clients until November 1, 2002, and that your company will ensure compliance with this agreement. Since both of you previously worked for ICS, we assume that you have knowledge oflCS's client base. However, if you need a list of clients with whom the Thomases may have no contact, ICS will provide it to you. By copy of this letter, we are demanding that the Thomases have no dealings with any present or former ICS clients until November 1, 2002. We can resolve the issue set forth in this letter the easy way or the hard way. It is your choice. If we do not hear fi.om you within ten (10) days of the date of this letter that you have agreed to all of the provisions contained herein, we will assume that you have chosen the hard way and we will commence litigation. We look forward to your response. A. Adler TAA/cmc cc: Albert and Sheri Thomas Carl Schleicher Investigative Consultant Services, Inc. EXHIBIT "C" Employee's Name: ~-l~ ~------~'. POSITION: Dated: INVESTIGATIVE CONSULTANT SERVICES~ INC. "Terms of Employment" for Persons Employed as Private Detectives/Investigators Effective October 1, 1995 This agreement supersedes all other employment agreements entered into by the employee Ail persons now employed or who will be employed in the future by Investigative Consultant Services, Inc. ("ICS"), a Pennsylvania corporation with its corporate office located at 3109 North Front Street, Harrisburg, Pennsylvania, as Private Detectives/Investigators during the course of his employment with ICS. In consideration of the hourly wage agreed upon at the time of hiring each new employee, or for the hourly wage currently being earned by current employees, and subsequent hourly wage evaluations and increases and promotions, and in further consideration of the additional benefits provided in accordance with current ICS policy, each licensed Private Detective/Investigator should read and acknowledge, with his signature, intending to be legally bound, the following terms: I will receive an hourly wage which is to be paid in monthly installments, payable on the last day of each month, and subject to withholding of federal, state and local taxes, etc. I will record all hours worked on time sheets to be reviewed by my supervisor. I understand that I will be paid for a minimum of forty (40) hours a week. In addition to this hourly wage, the following additional benefits of my employment have been explained in detail to me by my supervisor: (a) Vacation policy and personal days;~ (b) Sick leave policy; (c) Paid holidays. Vacation days, personal days, sick days and holidays will be credited as eight (8) hour days for pay purposes; (d) b[edical benefits for myself and my family; (e) 401K Savin~ Plan; (f) Life and Disability Insurance; 6 o (g) Overtime pay for hours worked in e~cess of forty (40) hours a week. Overtime pay will be pa~d on the next payday after the month in which it is worked (i.e., October overtime will be paid in November); and (h) Reimbursement for business mileage that t drive while working for clients that are ordinarily billable to clients at a reimbursement rate to be set by ICS; and (i) Reimbursement for business expenses that are incurred while working for clients and are ordinarily billable to clients. I understand that the nature of my job will require long hours and odd hours of work, depending on the specific requirement of the cases assigned to me for investigation. I understand this may require holiday and weekend work on occasion. I acknowledge that there are no minimum or maximum hours required on any given day or assignment. I agree to do whatever is necessary to ensure that each assignment I am given is investigated thoroughly and professionally. I understand that my performance will be compared to other investigators by my supervisor and that sustained, superiqr performance will be rewarded through quality pay increases and bonuses at the discretion of my supervisor. I also understand that, if my performance is lacking in any way, it will be pointed out to me by my supervisor, and administrative action may be taken by my supervisor. I understand that my emplo~-ment is "at will" and may be terminated by ICS or me at any time. I understand that, if I disagree in any way with my supervi$or's decisions and assignments, I may appeal such decisions and/or assignments in writing to the President of ICS. I understand that ICS company policy forbids me to carry firearms or other concealed weapons during the course of my employment due to restrictions in the corporate liability insurance policies. I understand and have read the corporate policy memorandum regarding part-time employment. I agree to comply with the term~ of that policy. I understand that it is imperative that I hold a valid driver~ ~ license. I affirm that the information regarding mf driver's history as presented in my employment application is true and valid as stated. I 10. 11. 12. 13. will report any loss or suspension of my driver's license to ICS immediately. I also affirm that ~ have not been convicted of a felony or any offense involving moral turpitude or any misdemeanor or offense of any nature. I understand that I must supply my own vehicle that is suitable for investigative and surveillance work. The vehicle must be approved by my regional manager. I will not perform maintenance of or repairs to my vehicle on ICS' time. I further understand that I must carry my own vehicle insurance and agree to provide ICS with a current certificate of insurance upon renewal, or at least annually. In addition, I will report any cancellation of my automobile policy to ICS immediately. I agree to sign a receipt for all company property issued to me by ICS and to utilize care in handling all ICS equipment. I understand that I may be liable for repairs or replacement of said equipment if the damage or loss of said equipment is shown to be a result of negligent or intentional misconduct on my part. After termination of my employment for any reason, I agree to immediately return all !CS property to ICS. I will also turn over all documents, papers, files, records, manuals, or other written or graphic material relating to ICS or any client of ICS. I understand and agree that if, after termination of my employment with ICS, I am reauired to testify at a hearing or other judicial proceeding regarding an investigation or other administrative matter which occurred during my employment with ICS, I will be reimbursed according to the current rate for mileage allowed by the Internal Revenue Service and at an hourly rate set by ICS and advertised to all employees by a policy memorandum. This rate will be revised annually by ICS and will be a fair and equitable amount for time and service. I understand that I may request that a subpoena be issued for my testimony. I agree to keep an accurate record of my time and mileage on a "Time and Mileage Record" in accordance with !CS policy and further agree to keep a valid and accurate record of reasonable expenses incurred in the course of my employment with ICS supported by receipts, for which I will be reimbursed bi-weekly upon submission of my "Bi-weekly Expense Voucher." I also understand that I will receive a cash advan~a which I must account for by utilizing my "Bi-weekly Expense Vouc~e~.~ (a) I unmarstand and agree that, during the term of my employment ~ith ~CS and within twc (2) years after 14. 15. termination of employment with ICS, I will not divulge the names or addresses of any of the,, clients or customers of ICS to any party not employed by ICS, nor will I call on or market any current client of ICS on behalf of myself or any other employer, with the exception t~at the identity of clients or customers may be provided to future clients as references. I agree that, if I violate this provision and perform services for any client of ICS during said two (2) year period, either personally or on behalf of a new employer, I will pay ICS 100% of any fees paid by said client of ICS as liquidated damages for the breach of this provision. These fees shall be payable to ICS, without demand by ICS, within 10 days of payment by said client of ICS. (b) I also agree that I will not, during the term of my employment and within said period of two (2) years, induce or attempt to induce employees of iCS to terminate their employment with ICS. I further agree, during the term of my employment and for a period of two (2) years after termination of my employment with ICS, not to divulge any information which I learned while in the employ of ICS which could be construed as a "trade secret", k!l such disclosures must be approved, in advance, by ICS' Chief Executive Officer. (d) I agree that the provisions of this paragraph 13 are reasonable. I understand that if I breach or threaten to breach the provisions of this paragraph, ICS shall be entitled to seek any available remedy at law for damages or in equity, including without limitation a preliminary and permanent injunction preventing me from violating its provisions. If a court determines any portion of this paragraph to be unenforceable, this paragraph shall not be rendered void, but shall be deemed amended as a court may determine. I agree to conduct myself at all times while an employee of ICS in an ethical, moral and professional manner. I agree to provide two (2) weeks written notice in the event that I desire to terminate my employment with ICS. I understand that I will be paid at tP~e time of termination of my employment, at the end of the cale~.~ar month following the date of termination, and that m!' final paycheck will include payment for unused annual leaYe in accordance with L~e current ICS policy. I understand that, prior to the issuance of my final paycheck, my equipment will be inspected for damages and accounted for, and my expense voucher reviewed an~ settled. All damage to my equipment must be resolved, and all costs incurred by ICS will either be paid for or will be deducted from my final paycheck. 16. I understand that any violation of the "Terms of Employment" may result in administrative or disciplinary action being taken by ICS. 17. I understand and acknowledge that any use of the client lists, prospective client material, price lists, report formats and/or other confidential material considered as "trade secrets" after termination or my employment with ICS may result in legal action being taken against me by ICS. 18. Employee shall not divulge any information acquired by'. employees of ICS to anyone and further shall not make a false report to ICS. To divulge information is a violation of Section 14 of the Private Detective Act. 19. This agreement is to be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. The corporate headquarters of ICS are in Harrisburg, Pennsylvania. Any disputes or litigation concerning the terms of this document or the breach of any terms hereof shall be resolved by the courts in Dauphin County, Pennsylvania, and I consent to the venue and jurisdiction of said courts. I, the undersigned, acknowledge that I have read and understand the above "Terms/~of ~mployment." Signature ~--~ Date /~.~.7 . /'__ l 3' ~ CSEMPL¥.Ar-R ORG19 5 I, Carl Schleicher, verify the averments of the foregoing Complaint in Equity are tree and correct to my personal 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: /'/-~ -~ t By: I, Carl Schleicher, verify the averments of the foregoing Motion for Preliminary Injunction are true and correct to my personal 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: //' ,~- (? [ By: Carl INVESTIGATIVE CONSULTANT SERVICES, INC., Plaintiff ALBERT R. THOMAS, SI-IERI THOMAS and HAYES, STOUDT & ASSOCIATES, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: O!- (.a-~.o ~ ~ EQUITY RULE AND NOW, this ~ day of ~'~-d~, 2001, in consideration of the within Motion for Preliminary Injunction, a Rule is hereby entered upon the Defendants to show cause why the preliminary injunction should not be granted as prayed for in the within motion. Rule returnable the /~V_,~ dayof ~rn~t~,,~,2001, at 6)5~0 .~_.m. in court room ¢ , Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, V~NVA"]ASNNB<J A.LNNO9 FP,%q U,:],~ F~NO AI:IViONON, Ci:; 2 {J. JO SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06560 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INVESTIGATIVE CONSULTANT SERV VS THOMAS ALBERT R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: THOMAS ALBERT R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within COMPLAINT - EQUITY On February 27th , 2002 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Northumberland 90.24 .00 127.24 02/27/2002 So answers~3- . ~ ~ R/ Thomas Kline Sheriff of Cumberland County REAGER ADLER COGNETTI Sworn and subscribed to before me this 73 ~ day of ~ ~0~2~ A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INVESTIGATIVE CONSULTANT SERV VS THOMAS ALBERT R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: THOMAS SHERI but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within COMPLAINT - EQUITY On February 27th , 2002 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 02/27/2002 So answ~rs~. R./Thomas Kline Sheriff of Cumberland County REAGER ADLER COGNETTI Sworn and subscribed to before me this /B ~ day of ~ A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INVESTIGATIVE CONSULTANT SERV VS THOMAS ALBERT R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HAYES STOUDT & ASSOCIATES INC but was unable to locate Them deputized the sheriff of BUCKS in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - EQUITY On February 27th , 2002 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing 6.00 Out of County· 9.00 Surcharge 10.00 Dep Bucks County 48.00 .00 73.00 So answer~: Rf Thomas Kline Sheriff of Cumberland County 02/27/2002 REAGER ADLER COGNETTI Sworn and subscribed to before me this /3 ~ day of ~ ~ &v32~ A.D. ! ! Prothonotary ' /- ~ PLAINTIFF: INVESTIGATIVE CONSULTANT SERVICES, INC.CASE #: 01 EQ 6560 VS: DEFENDANT: THOMAS, ALBERT R. & D: THOMAS, SHERI D: 118 EAST SECOND STREET D: MT. CARMEL,~PA 17851 D: SHERIFF'S RETURN CTY FILED: CUMBERLAND FILE DATE: 01/11/20 DATE RECEIVED: 01/12/10 ASSIGNED TO: 2 DEF LAW FIRM: CUMBERLAND EXPIRES: 2001/12/20 I HEREBY CERTIFY AND RETURN I SERVED: ALBERT R. THOMAS BY H~NDING A TRUE AND ATTESTED COPY OF THE WITHIN: NOTICE, COMPLAINT IN EQUITY & MOTION FOR PRELIMINARY INJUNCTION PERSON SERVED: ALBERT R. THOMAS DATE SERVED: 2001/12/12 CAPACITY: PERSONALLY TIME: 3:20 PM : PLACE SERVED: 118 EAST SECOND STREET MT CARMEL PA COUNTY OF NORTHUMBERLAND AND STATE OF PENNA,, MAKING KNOWN UNTO : HIM CONTENTS THEREOF. SO ANSWERS: CM3LRLES S. BERKOSKI, SHERIFF BY DEPUTY: MORACK, ANDREW BY: THE I HEREBY CERTIFY AND RETURN THAT I SERVED: SHERI THOMAS BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: NOTICE, COMPLAINT IN EQUITY & MOTION FOR PRELIMINARY INJUNCTION PERSON SERVED: SHERI THOMAS DATE SERVED: 2001/12/12 CAPACITY : PERSONALLY TIME: 3:20 PM : PLACE SERVED: 118 EAST SECOND STREET MT CARMEL PA COUNTY OF NORTHUMBERLAND AND STATE OF PENNA., MAKING KNOWN UNTO : HER CONTENTS THEREOF. SO ANSWERS: CHARLES S~ BERKOSKI, SHERIFF THE BY DEPUTY: MORACK, ANDREW BY: DOCKET PAGE #: 01 CV 0813 SHERIFF'S COSTS: $ 90.24 REC #: 19340 NO. OF ATTEMPTS: 3 me '[his /f/ day of ~ A.D. 200% . ,q , ,-- . _ ....... ~J~RO]=HONOTAFJy ~¥ Comm. Exp. 1st Mon. Jan. 2006 SERVE: In The Cour. t.of ommon Pleas of Cumberland'County, Pennsylvania Invest&gative Consultant Services Inc VS. Albert R. Thcmas et al NO. 01 6560 civil Sheri Thcmas NOW, Dec~mber 5 , 20 01 ., I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Northumberland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service $ow~ within ,20 , at o'clock M. served the upon by handing to and made known to copy of the original So answers~ the contents thereof. Sworn and subscribed before me this ~ day of ., 20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA SERVE: In The Court of'Common Pleas of Cumberland County, Pennsylvania Investigative Consultant Services Inc VS. Albert R. Thcmas et al No. 01 6560 civil ~ Albert R. Thomas Now, Decamber 5 ,20 01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Northtanberland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA NOW, 'within Affidavit of Service ,20 ,at o'clock M. served the upon by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA :'UFK; ~'tSSC D']CK:T ~ ,:,.~u.~ 3336] LgCATZg~I: OUT OF CgUHTY CLASS: ASSUMPSZT ~',",'",.'..- SHERIFF" S R~.TURN OF SERVICE-.--~w;X:".~;.-,.. SHERIFF'S OFFICE CUPS~RL ~NE: COUNTY 1 COURTHOUSE SQUARE C A RLI SL ~,! P~ ~7013 ATTN:SHERIF~,S CUMBERLAND CT¥. PLAINTIFF DEFENDANT ZNVESTIGATIV~ CONSULT~INT SERV VS. ~AYES, STOUDT ~ ASSOCIATES / IZi~SZO01 R~C~IVE~D ~/SH~RIF~IS OFFICE ~q SErVICe. TR~NSACTZ~]N ~0i-1-~416 A~OUNT Pll~ ]iilZCOi SHERIFF' RJTURN. UNDER OATH, NOT FOUND BY DEPUTY P~AK AS TD D~rEND~NT PAY~S~ STOUDT ~ ~SSCCZ&T~S. D~PUTY K~iV~D A~T~R EXPIRA- TiON D~T~. 3Ci D~YS RAN OUT. Z~,VOICbl NA]Li~D TO CUMBERLAND CCUNTY SHERIFF'S JO N dON JON JO N dON ~ERVE: In The Court of Common Pleas of Cumberland County, Pennsylvania Investigative Consultant Services Inc VS. Albert R. Thomas et al No. 01 6560 civil Hayes, Stoudt & Associates, Inc. Now, Dec~mber 5 ,20 01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ,20 ,at o'clock ~ M. served the upon by handing to and made known to copy of the original So answers ~ the contents thereof. Sworn and subscribed before me this ~ day of ,20, Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA BUCKS COU NTY-zof '-- SHERIFF'S RETURN Special Instructions- · C~v~ - ltant SerV. Action ~ T~xr~ f~ze COtRSU __ plaintiff ~ vs ~ As s~iiateS-- Defendant Address Served if Different Served under pa.R.C.P. #402 ___/A) {i) Defendant personally served _ JlA) (2) (i) Family Member _~_~A) (2) (i) Adult in Charge of Residence __ J.A) (2) (ii) Manager/Clerk at Defts. Lodging .____{A) (2) (iii) Person in Charge of Business By Handing to ~ By Posting ~s Ran Out ~ Defendant Moved ~ Def. Unknown ~ Checked post Office _ _ No Forwarding Twp.,~ By Deputy At ~ ~ ....... v._~/.~d on trte ment was serVeu ~_ The above docu ...... ~=, ~bove in the County defendant as pert~ntorm, a.t~u-,' ed rani ~ ~ .... ,,~ ,,f Bucks County Lawrence R. [~tchaels, on=H., v Affir~d ~ubscribed before me on this day /~ Prothonotary ~ Affirmed and subscribed before me on this Notary P~blic ~ Com. Exp. Defendant Not Home Address Vacant ~Dep. Needs Better Add. Invoice to be rnai~e~ to -- Cumberland County Attn. of - -- "~-- Sheriff's Office or