The URL can be used to link to this page

Home My WebLink About09-703300 /Robert E. Kelly, Jr. PA ID No. 21925 Lee S. Cohen PA ID No. 89278 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 rkelly?a,kpc-law. com lscohenQhpc-law.com AMBASSADOR HOME IMPROVEMENTS, INC., V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION - LAW AND EQUITY WILLIAM VOKOUN, NO. Oa- '7033 l_" ??? ler'nt Defendant COMPLAINT Plaintiff Ambassador Home Improvements, Inc., by and through its counsel, Kelly, Parker & Cohen LLP, respectfully files its Complaint and, in support, avers as follows: PARTIES 1. Plaintiff Ambassador Home Improvements, Inc. ("Ambassador") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania and provides home improvement services to individuals throughout the Central Pennsylvania area. Ambassador's office is located at 4856 Carlisle Pike Mechanicsburg, Pennsylvania 17050-3026. 2. Defendant William Vokoun ("Mr. Vokoun") is an adult individual with the last known address of 106 East Main Street, Apartment B, Mechanicsburg, Pennsylvania 17055. FACTUAL BACKGROUND A. Ambassador Home Improvements 3. Ambassador is an integrated company which offers replacement windows and doors, and basement finishings, among other products and services. Since its formation Ambassador has focused its business on the residential market in the Central Pennsylvania area. 3. Ambassador sells replacement windows and doors under its corporate name and also under the fictitious name Renewal by Anderson of Central PA which is a registered fictitious name owned by Ambassador. 4. Ambassador is a family-owned business and has been serving the Central Pennsylvania area since the 1940's. Ambassador was incorporated in 1978. In the past 50 or more years Ambassador has developed reputation for providing quality replacement windows and doors, and has expended substantial time, effort and resources fostering and developing its name to consumers and homeowners for replacement doors and windows. See Appendix A. 5. Ambassador has provided its services and products through its Carlisle Pike office in Hampden Township since March, 2008. 6. Previously, Ambassador offered its services and products through its offices at 3907 North Front Street, Harrisburg, PA 17110. B. William Vokoun's Noncompetition Agreement 7. On or about April 13, 2009, Vokoun became employed by Ambassador to sell the products and services offered by Ambassador to consumers and homeowners in Central Pennsylvania. 2 8. As an employee of Ambassador, Mr. Vokoun was provided and had access to confidential and proprietary information of Ambassador such as the procedures for marketing, selling, operating and installation of its products, as well as the pricing of its products and services. 9. In conjunction with and at the initiation of his employment with Ambassador, Mr. Vokoun entered into a Non-disclosure and Non-competition Agreement ("Non-competition Agreement") with Ambassador. A true and correct copy of Vokoun's Non-competition Agreement is attached as Appendix B. 10. In his Non-competition Agreement Vokoun agreed, among other matters, that for a two-year period following the termination of his employment with Ambassador, Vokoun would not: a. engage in or become engaged in any business which competes with Ambassador's businesses; b. solicit, divert or otherwise take away any customer of Ambassador who is or was a customer during the time of employment or other association; C. solicit, induce or contract with any of Ambassador's employees to leave Ambassador or to work for Mr. Vokoun or for any company with which Mr. Vokoun is connected; d. solicit, divert or take away any of Ambassador's sources of business. 11. The non-competition provisions of the Non-competition Agreement employment are limited to the area within a 50-mile radius of Ambassador's offices. 3 ?t C Action in Violation of the Non-competition Agreement 12. One of Ambassador's principal competitors in the marketing and sale of replacement windows and doors is West Shore Window & Door ("WSWD"). 13. WSWD is located at 1160 West Trindle Road, Suite C, Mechanicsburg, Pennsylvania 17055, which is located well within a fifty (50) mile radius of Ambassador's office on the Carlisle Pike in Hampden Township. 14. In direct competition with Ambassador, WSWD also holds itself out as being locally owned and operated and as an expert on energy efficiency. See Appendix C. 15. In addition, both Ambassador and WSWD advertise in the same section in the widely and commonly distributed directories. See Appendix D. 16. As a result, many of the customers who are interested in purchasing replacement windows and doors will contact or be contacted by both Ambassador and WSWD. 17. Based on information and belief, WSWD has entered into contracts to sell windows and/or doors to customers who had considered or had agreed to purchase windows and/or doors from Ambassador. 18. Mr. Vokoun resigned his employment with Ambassador on August 12, 2009, and, accordingly, the limitations of the Non-competition Agreement are in force until August 12, 2011. 19. Based on information that Mr. Vokoun was intending to accept employment with WSWD which would be in violation of his Non-competition Agreement, Ambassador, through its legal counsel, on August 19, 2009, sent a letter to Mr. Vokoun via the United States mail remind Vokoun of his obligations his Non-competition Agreement and to advise him that Ambassador believed that his employment with WSWD would constitute a violation of the Non- 4 competition Agreement ("August 19th Letter"). This letter requested that Vokoun immediately contact Ambassador's counsel to discuss this matter. See Appendix E. 20. Because Vokoun did not respond to the August 19"' Letter, Ambassador, through counsel, also attempted to contact Vokoun by telephone. A message was delivered to a voice mail system responding to the telephone call to Vokoun's last know telephone number. However Vokoun has never responded to either the letter to the telephone message requesting that he contact Ambassador to discuss these matters. 21. Upon information and belief, Vokoun has accepted employment with WSWD selling windows and doors in direct competition with Ambassador in violation of the express terms of his Non-competition Agreement with Ambassador. COUNTI BREACH OF CONTRACT 22. The averments set forth in paragraphs 1 through 21 above are incorporated as if fully set forth. 23. The clear and unambiguous terms of Vokoun's Non-competition Agreement with Ambassador prohibits Vokoun from competing with Ambassador within fifty (50) of Ambassador's Carlisle Pike office through August 12, 2011. This prohibition includes employment with an entity with competes with Ambassador. 24. Because the sale of replacement windows and doors constitutes the principal part of Ambassador's business, Vokoun is clearly prohibited from marketing and selling replacement windows and doors in competition with Ambassador. 5 25. Because WSWD is a direct competitor of Ambassador and because Mr. Vokoun is selling windows for WSWD Vokoun's employment with WSWD constitutes a clear breach of his obligations in his Non-Competition Agreement with Ambassador. 26. The restrictions and limitations contained the Non-competition Agreement are narrowly tailored to protect Ambassador's business and market interest by restricting Vokoun only from acting in a sales representative capacity in the particular market and service lines offered by Ambassador. 27. The Non-competition Agreement does not restrict Vokoun's right to be engaged in the field of construction or any of the numerous other field employing salespeople not in direct competition with Ambassador. 28. Prior to his voluntary termination of employment with Ambassador, Vokoun was specifically reminded of the restrictions set forth in the Non-competition Agreement. Further, Vokoun was also notified of his obligations under the Non-competition Agreement when he received the August 19th Letter. 29. The limitations and restrictions contained in the Non-competition Agreement are reasonable both as to length and geographical area and are reasonably and narrowly tailored to protect Ambassador's legitimate business interests. 30. Vokoun's violation of the Non-competition Agreement has caused economic injuries to Ambassador as well as causing potentially irreparable injuries to Ambassador. WHEREFORE, Plaintiff Ambassador Home Improvements, Inc., respectfully requests that his Court enter judgment in its favor and against Defendant William Vokoun including, but not limited to, a preliminary and permanent injunction prohibiting the Defendant from his continued violation of the Non-competition Agreement through his unauthorized and illegal 6 actions in competition with Ambassador Home Improvements, Inc. until August 12, 2011, together with such other relief the Court deems just, equitable and appropriate, including reasonable attorney fees and costs. Respectfully submitted, Robert .K- K W,J PA ID No. Lee S. Cohen PA ID No. 89278 KELLY, PARKER, & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 rkellygkpc-law.com lcohen ,kpc-law.com Dated: October 15, 2009 Counsel for Plaintiff Ambassador Home Improvements, Inc. 7 a .. Ambassador Home Improvements - Harrisburg Home Improvement, York, PA Pagel of 2 00 er 15112 Ambassador Start Your Home Improvements today! ?p e .. HAMS IMPROVEMENTS Cali 1-866-540-0924 or Contact us online xu+ - leas-7 3Fr ?n1i zap. Fr:J1Y ? Cut Your Energy Costs and get up to 91500 in True Credits with FREE Ambassador Energy-Efficient Products Professional Interior Design Click here: lo schedule your consultation Visit of New Showroom Click here for showroom info Save on Your Heating Bills Read Date Y olio's latest book Why Buy Replacement Windows? Clirlc here for your free COPY "Our basement installation crew was excellent. The finished job exceeds our expectations." --The Hogartl) Fancily, Harrisburg, PA Clink here; To See what our Cuafornem Have 1o Say Check out Our Owens Corning Basement Finishing Website Click here pwens Z.Urning Basement Finishing i U11'Clitr t?UtTLiI}; Insulation http://vt,?ww.ambassador-home.coin/ 9/1/2009 Ambassador Home Improvements - Harrisburg Home Improvement, York, PA Welcome to Ambassador Home Improvements We specialize in energy efficient solutions. Conte inside and discover why Ambassador is Central PA's first choice for the home of energy-eftic ient home improvement. We offer: Replacement Windows Siding- Soffit and Fascia Gutters Gutter Protection Doors Basements Blown-In Insulation Garage Systems My father, Marvin Zisman, founded Ambassador Home Improvements in 1947 and our family continues to serve the Central PA area now for over 60 years by offering brand name products from a local family that you know and trust. Call Ambassador today at 1-866-540-0924 to see what our home improvement specialists can do for your home. Thanks! Joe Zisman NARI' "--rt = M I MBf..R Home I What Our Customers Say I About Us I FAQ - Ask Joe Contact Us Employment i Events - Where to See Our Products Special Offers Renewal by Andersent, Windows I Owens Corning 5a5ement Finishing I Owens Corning Insulation I Ambassador Siding Arnbascador Garage Organizers I Gutte: Monster Gutters ! Renewal by Anderseng Doors Page 2 of? ?YUMaIfY 7 i-u Ambassador Home Improvements. Inc. Hampden. Center. 4856 Carlisie Pike, Mechanicsburg, PA 17050' U? Phone: Toll Free 1-866-W-0924 Harrisburg Horne Improvement, Lancaster PA Home improvement, yod, PA Horne hnprovement Pennsylvania Home Improvement Contractor Regislratum Number: P100 38o7 1?* a 2009 Ambassador Home Improvements. All rights reserved M ?t THE PINK PANTHEReh 4. 1964-2009 Matro-Gcldvtvn-Mayer Studios Inc. All Rights Reserved. x W iltrjS ficYe •._ http://www.ambassador-home.com/ 9/1/2009 Harrisburg Windows : York PA Replacement Windows: Energy Windows Selinsgrove A4104- wimp sa+dor HOME IMPROVEMENTS 'u. I, l uo Start Your Home Improvements today! call 1-866-540-0924 or contact us online Page 1 of 2 00 1? `'tdi es A _7 i r•? kFi •? !? pia 'Pei. l;, l;l; Rene al Window Styles for All Homes hyArdersen.; Professional Interior Design -i Serving Harrisburg, York and Lancaster Click here te: ael1(!dUle your COnsidte l ion Visit our Frequently Asked Questions Click here for FAQ's about Owens Corning Windom Visit our New Showroom Click here for showroom info Save on Your Heating Bills Read Dave Yoho's latest book. Why Buy Replacement Windows? Click hex.' for your free copy "Our basement installation crew was excellent.'rhe finished job exceeds our expectations." -The Hogarth Famh', Harrisburg, PA Click liege To See wh it our Customers have to Say Double-Hung Windows Awning style Windows Bow and Bay Windows Casement Windows ?, f 1 Gliding Windows ¦WE:, 'q Picture Window Combinations Check out our ? Owens Corning k:. Basement Finishing website Click here _ Specialty Windows (Arch, Trapezoid, Octagon, Circles, Half Circle Top, and More!) The Renewal by Andersen Difference! Experience Andersen Corporation the parent company of Renewat by Andersen is the most recognized window brand http:ll,\A ww.ambassador-home.com/harrisburg-windows-york-windows-selinsgrove-PA.html 9/1/2009 r Harrisburg Windows : York PA Replacement Windows: Energy Windows Selinsgrove in the United States. Andersen has been serving customers for over 100 years and we take pride in that reputation and carry its traditions of excellence into designing and manufacturing products fur the specialized window replacement market, Our Start-to Finish Process Renewal by Andersen was founded with a mission to change the industry. We own the process from manufacturing through sales, installation and service. We commit to one-stop accountability. We understand that you are entrusting your home to us and we will treat it like our family horse. We won't say there will never be a problem, but we will say we wilt here to fix it. Our success is based on complete customer satisfaction and our goal is to excite and delight you every step of the process. See for yourself how enjoyable replacing your windows can be with Renewal by Andersen. Page 2 of 2 r?'?ejtlt ? i It's a feature that is pieasing to the eye white allowing a noticeable difference in the viewing area. We have a wide range of styling as well as color options to match any decor. Whether you wish to duplicate your current style or you're looking for new possibilities, our beautiful windows will enhance your home and delight you. Energy Efficiency You may have heard claims of R-values, triple panes and a variety of framing materials in relation to energy efficiency. It can be confusing, but the most important factor is actually the whole window performance. It's the frame, the glass and the installation combined together to save those energy dollars from going out the window. Andersen scientists started to develop this product 30 years ago and today it performs exceptionally well across a broad range of conditions that affect energy efficiency, ease of maintenance and the beauty of windows. We have been recognized by industry and product experts including the NFRC (National Fenestration Rating Council). Energy Star, Sigma (Sealed insulating Glass Manufacturers Assoc.), and Green Seal. Contact its today at 1-866-540-0424 to how we can improve your home. Home I What Our Customers Say I About Us I FAQ •• Ask, Joe I Contact Us I Employment 1 Events --- Where to See Our Products I Special Offers Renewal by Andersen? Windows I Owens Corning Basement Finishing I Ovens Gaining Insulation I Ambassador Siding Arnbassador Garage Organizers I Gutter Monster Gutters Renewal by Andeisen@ Djois Ambassador Home Improvements, Inc. Hampden renter, 4856 Carlisle Pilie, Mechanicsburg. PA 17050 Phone: Tilt tree 1.865.540.0924 Harr sburv, Home improvement, Lancaster PA. Horne improvemenl, York Pk Home Iniprovernent Pennsylvania Home Improvement Coriuacto Negisitation Nuinter: PA003807 .w 2009 Ambassador Home Improvements. All rights reserved THE PINK PANTHERk• B 1.^ 19642009 Metro-Goidwyn-Mayer Studios Inc. All Rights Reserved. Old. Here http://v ww.ambassador-hoine.com/hai-risburg-windows-york-windows-selinsgrove-PA.litml 9/l/2009 F) _kMB,&SSAD0R 40ME IlWJCPR()VEMENTS INC. ociation bet?xieen. AVI?BASSAD4R fiOeUl-ntM aROinto Vtlu`sENTS, INC. In cor:srderation of the, ass q?MBASS.4DO ") and the Undersigned, the parties izereto ?a Nondisclosure and Noncompetition Agreement. DR Tov-des products and ro rtetary ?,rHEREAS in the course of its business H essatacludradAecrets: confidenan 1 and p io . and services which. by the natup e of the bu anon and other marU..s a, enIed lllaterial or impo=rtant enough to war r p and in the inform on with VJHEKE,4S, the Un dersigned, by zeason of his/l?ez as ?'c course onfidendal uriforrnat on and of his/her activities, has access to said secrets confidential and proprietary etails; marketing, selling, operating, wHERL ASSADOR Has trade secrets and otter AS, A1?IB information, u1cludina but not limited to rnanufaetuzing d inventory and tool lists, and customer s to winch the Ur1dersimze and installation procedures , has access in the course of lusher association With AMBASS arti-s asree as RB ORB; in consideration of the premises contained herezn, the p Np? , TH follows: the time of any ernploylnent or other association with or at any time thereafter, either directefit odire anjtly; comnzunrcate, discose, The Undersigned shall not either durinRc any other person or emit 1, any AI??iBASSADOR• reveal, or otherwise use fotahis i his/her o ?n benefit or the en v?h al or roprietary, information obtained also v r11arssuch d by trade secrets or other conri man11et affecting orrelating to the virtue of his/her association VI elor description SAD?R, to a concerning n}, any c ?? rs matters nr prospective customers, irifonnation of any lcii na nec ?.F of its cu to--.e r BASSADOR business, or in the bLSi.. -?s QI any the course of any emP1oyr---ient by AiviBASS ADOR or except as express except as required in authorized by AMBASSADOR in Y"ritiTig• and for two (2) years an > >eriod of employi11ei?t or association ?}rith AMBASSADO ran 1 area having aCarlrsle Pike, or indirectly, within a Du , ) 1 thereafter, for any reason ??,?h f Ambassador } from the offices ombassador Horne 1 offia?'s ll fifty (50) rules acludinQ future soffice of l?IeciZanicsbLLg, Peny'nsylvania; or any e?.istulg or futui ches or other coil?oratior?sr whether a'? employee, owner- partner, AMBASSADOR; bra agent, director, officer or shareholder., d.o airy of the fol o1?rr trop with AMBASS DOR's ` ()) Engage in or become engaaed in any business u1 competi business; , ,e awa an} customer of AMBASSADOR or was (?) Solicit, divert or otherwise tal' Y duzin? the tune of empl`Ynaent or other association, including al a customer ,r customers directly or indirectly produced or generated by the Undersigned: (3) Solicit, induce or contract with any of AMBASSADOR's employees to leave AMBASSADOR or to work for the Undersigned or any company with which the Undersigned is connected; (4) Solicit, divert or take away any of AMBASSADOR's sources of business. In the event of the violation by the Undersigned of any of the covenants set forth herein, AMBASSADOR shall be entitled to an injunction restraining the violation of such covenant. in addition, the Undersigned will pay AMBASSADOR the stun of Five Thousand ($1,000,00) Dollars per month in addition to any actual damages for each month or part thereof that said violations continue. 4 Each covenant, obligation and restriction and part thereof set forth herein is separable and distinct from every covenant, obligation; restrictior. and part thereof. In the event of the total or partial invalidity of any covenant or restriction, or Dart thereof, the remaining covenants and obligations and parts thereof shall be deemed- independent and divisible, in full force and effect, and enforceable. Further; the Undersigned shall not make any use of the information described herein, or cause or attempt to cause any other person to use such information for purposes other than the business of AMBASSADOR. EMPLOYEE: By: / l r }?? ?tU i r (PRINT NAME) Signed: ,,?(? (SIGNATURE) Dated: G' / i r7 20 u,'l A / BASSADOR HOME IMPROVEMENTS, INC.: By: - a (PRINT NAME) Signed: (SIGNATURE.) Dated: '7111 ? , 20 (9 1? 0,0 Our Company - West Show Window & Door Phone - 717.697.4033 1160 W. Trindle Rd., Suite C Mechanicsburg, PA 17055 A Membership Affiliation Visit our Showroom Mon -Fri: 11:00am - 7:00pm Saturday by appointment Page 1 of 1 i4lcmberl"urk Builders Web sXe desion and hosting provided by Core Graohic http://westshorewindow.com/OurCompany.aspx 9/ 1 /2009 Hill PA, Harrisburg ••• Page ? of 1 West Shore Window & Door -Servicing Mechanicsburg PA, Camp Phone - 717.697.4033 1160 W. Trindle Rd., Suite C Mechanicsburg, PA 17055 West Shore Window & Door is Central Pennsylvania's Energy Efficiency Experts for + window and door installation. We are the exclusive dealer of the Park Avenue window collection for Cumberland, Dauphin, Adams, Franklin, York, Lebanon and Lancaster counties. All Park Avenue windows with our E3- Max triple pane glass system are ENERGY STAR® qualified in all 50 states. Our products and services include the sale and Fork installation of windows, patio doors, entry doors, and maintenance free decking. For more information regarding our products take a look at our Windows and Doors pages. w" Off :)f to Uo"h 14 C0*Wd* Core GraohiC _._..__..____ _-.._.._-._?_..._.-._ -•- n?sg? end nostlna providetl by 9/1/2009 b ???7as\Vwer. Vvi nom -? ions... it oweo to Cuotow Window Fao reat+ne Whe-n Let's View The Possibilities. 15% Free In-Home t onsultdtion ?gjZON _._886 312 5463 DISCOUNT )ispl Ad This page) ??? L1ND5 130-0551 BtI RIF stwrg`'` ?,?? si P RIES ____.183-9000 ppo?essrold I"$tau8n0p East & West Shore r ?P al y Ad This Page) 0110 Serving Wa? 1000 ....--657-6114 V?C[I Pazlon ::.;,.. WiubowPaAiono .? e Yellow I 1 es is the place seen.. and be The Yellow Pages' Budget li eW „ o style for every point DfVi ional Measuring & Installation B C sus Profess Huge Selection of the Best Brandsl Free In Ho Estimates lotion ServingWest Shore Area 763-9000 Www.budgetblinds.com. Euh Fnndiae IndWerde^dF? - "="; ??I W`ndows • Shutters Draperies Mood Blinds Awnings Honeycomb Shades Roller Shades • Vertical Blinds • Silhouettes@ . Woven Woods • Window Film and more! superguaranteesm busin e? es'eature ranglack diagonal lines around their ads. Double Hung windows ? CasemeutWindows f Specialty Window' ? StiderWindows ? Bay windows ? Bow windows ? ,woio,windows ? Basement Windows ? Entry Doors ? Sliding patio Doors Intake "The Rite Choice" & Call HomeRi a ToaaNnN1A NOW SERViNOCENTitA1- 717-5502 5500 arsasburg, PA P - www gomeRite? WD•c? CONSERVATION h°? _ -,94 0150 anced Sash d b --` pTS INC v (g A Mchs 6108 Carlisle Pike - -- 5264647 i CON CE : m corn 755-2405 nservationconc P 0°--- -_ A732 Coloni la Rd Lade SHEET METAL ?NC --- ?v.co --- ---- " -- 114.6416 ALLIED ROOFING & Tau Free WINDOW SH ADES_ 23FS 2533 ORNWALD g -- J _ 340 Pleasant Yiew Rd Nw Cmbrlnd- 769) lay Ad page Dis F 132.414 3 St H3rrt0ur6-'-'- -- 620-2323 " p (See Our pL BY RENEW ANDERSEN Gehman & c ?rPke Menhanlcsbur4 - - 121 Gettysh g DECORATING _..-866 323 0506 __800 510-2298 3907 N Front S1 HamshuB _ ?- JCPENNEY CUSTOM -- E Toll free--", Ff --.._533-268 Toll Free--'----- WINDOVANGOHersheY----737-2295rrBE Hill-- / Windo VanGo Inc Camp Window Tinting' See Also Glass Coating & Tinting CON CEPTS NC CANnservationconcepts_ co'" 755.2405 Toll Free------- 3M, WINDOW FILM PRODUCTS ?- SUN COtiTROL, SAFEn, MW_ & SECURITY F1L"S & Fading Reduces Heat, Glare IJtetime Warranty Cuts Air Conditioning & Heating Costs Ration . Protessional Insla 3M Authorized Window Film Dealer prestige Dealer Network 232-4116 PA WINDOW TIN?g -- TTERLIVING BY GRe Uacgmsnt Windows Energy caving p s and Canopies Retractable Awning patio Enclosures year Quaiitysunrooms - Conatruetion Since 1972 w Nw.aetteriivingaYGMBuilders.com 717 898-3301 zasz Yeoow We Rd Lancaster 888 898-3350 Toll Free---'-" C F K CONSTRUCTION LLC - ____. lsg.s94! - Lancaster-----"---"--f- Ad Page 771) (See Our Display 795-88F Castle Windows 17 Brenneman Gr MrMbrg CENTURY SPOUTING COMPANY INC soo 292•es 2147 S Market St Ehzabelhtow^- Tdl Free - -'- CHAMPION WINDOWS SIDING &p4110 ROOMS _910 i 1351 Eisenhower Blvd 770) (see our Display Ad page CLASSIC pITERIORS OF HERSHEY 1st 731 Hansbrg uehanna Av Enola- "" r-?-'- Cohick John 260 Susq CUMBERLAND WINDOW CO __73 WindowSieatinents-?nnB 2850 Russell Rd Camp Hill - - ----- &Rel[- CONTINUED NEXT LISTING PP __-763-9000 Budget Blinds 29 N 20 St Came Hid--- -" _ WINpgWS ?. I ""S erpages.com nCONS?RUCTION COMPANY Gd WEST SHOREVSTV & _ -691.4033 1086 1160W Trindle Rd SiWer Spnng-fa-Ad This Page) ^. (See our DisP f ERS INC Double Hung N' Bays. Garden Available ,^ stimates ki?orl( fully Guaranteed n g Lee Magnelli - owners 564-9000 921-8448 air Co ..._---774.0569 shop in Our The Yellow Pages NEXT LISTING PAGE CONTINUED Remodeling? The Yellow Pages is your design er-cont en er painter-carp wallpaper- carpet- furniture-drapery directory. 54l% ?` ?O DOORS SO Year Warranty T ?/?? PARK AJENU?',. Locally pruned ?? ®Y Y gr operated g Poo? L/ a ` a No Sub-Contractors 117-697-4033 Financing 1160 w, rjudle Rd, Mechanicsburg S,wguarantee options West Shore W Window-Con' Known • Basement Window Well Installation • Basement Stairway installation • Vinyl Basement Windows Do^'` Replacement Windows • Custom Built Decks Excovatingr Site Prep, Dr99inc Including rndo`NS ? Demolition, New Basement w Doors SO _-?' "tv Licensed & Insured .,,%#?"Owindows, harrisburg, pa - Google Search Web Ima es Videos Maps News Sho in Gmait more Google Page of 3 Search settin4s i gninn Search. Ad?a Iced Selffc-1 windows, harrisburg, pa Web Show options... .44 Results 1 -10 of about 4469000 for windows, harries M P-a (0 seconds) Sponsored Links EnerEfficient Windows ww.WestShoreWindow.com Window and Door Installation w Save Money with a Free Energy Audit Re face Your Windows Save Energy With Replacement Windows from Renewal By Andersen Windows Harrisburg ww.GuideToWmdows.com Compare window companies w . Choose from top styles and materials now! Local business results for windows near Harrisbur PA Sponsored Links Avoid These Contractors Check for Banned Harrisburg Contractors+Get Bids from Good Ones www. Ban nedContractors. com Harrisburg-Lancaster-York, PA Low-Low Window Prices Harrisburg best Window Company We Beat All Prices-See Sale Prices www.installamerica.net see Your ad here » Hershocks Inc-Windows Doors Glass hershockS.COm - (717) 238-7331 - 1 review_ apia Prime-O-Sash Cor oration 717e541?9556 s1 iyI e www.primeosashpa.com - (717) Champ ion Windows in & Patio Rooms www.championwindow.com - (717) 986-1953 - More Pella Windows & Doors web.pella.com - (717) 545-0855 -More ABC Supply Co www.abcsupply.com - (717) 232-5620 -More Clearview Sidin & Windows L1717 412-4328 - More T www.clearviewcomplete.com - ( ) Aft. Home Rite Windows and Doo558-0502 -More www.homeritewd.com - (717) More results near Harrisburg PA » Re lacement Windows Harrisbur r Pennsylvania PA. Find Customer-Rated, Window Contractors Directory for Harrisburg, Prescreened aHome Improvement Professionals for gic.com/c.W ndows Harriisburg.PA 12080 htgmll - Cached - Si- milar www.serv?cem Prime-O-Sash Central PA Homeem ntsVreplacementwindows, doors, vinyl siding, Prime-O-Sash Central Pa home imp o roofing, sunrooms, ... 59 North Progress Ave. Harrisburg, PA 17109 ... www.primeosashpa.com/ - Cad - Sj'n? Doors and Windows - Harrisbur PA - PennLive.com Pennsylvania. Get Find Doors and Windows local business listings in & near Harrisburg, nm/search?q=?'indows%2C+harrisburg%2C+pa&rls=com.microsoft:... 10/14/2009 a E , AO-1E ?9 Aw ATTO?EYS , AT L COMMERCE ?O -) Orr+ p},OUR p STREET,?r9?? 2 20 300NURT1'} , )? tUl SECON E1 EP}-}ONE (7) ?) 920-23 0 FACs}M}UE Robert E. belly, Jr. Extensson 02 com ?•kel1\1(11 >` August 19, 2009 Certified Mail- RR ail and R M Via First Class William V olcoun 106E Main Street and NoncomPetition Apartment B FA 1055 Nondisclosure Mechanicsburg, e Im,,(,,e,entS Ine. - ge. Ambassador H°m Agreement «Ambassadorand have etition bassadAgreementor Dear Mr• V okoun: loveme1ts Inc oricomp rnbassador Hone Imp the NOrldisclosure and 009 with Am. An We are counsel for ou regarding April 13, uested to contact } entered into on been ren reen?ent )you reeme11t is enclosed. rovides, among ?`°NorlcompetitioofA e N0ncompetition Ag• ,ou executed p° ment with ,regiment `Which) erTtp additional copy Y the Noncompetition AS the termination of , our As you are aware, eriod folloNing that for a two-Yeai p other matters ess which competes with Ambassador you will not: en aged in any busin who is or in or become g mbassador Am customer ti A association; ?1) engage 7 businesses; a any bassadors of employment or other to ees to leave divert O1 othering trwise take aw emp y (2) solicit, duhe time of Ambassador's hich you are custome1 any with vias a contract with any solicit, induce . ora Or for any comp p,labassador or t° work for y of At?}bassador's sources ° f business• (3) corv1ected., take away any solicit, divert or (4) -t William V olcoun August 19, 2009 self-employed °T acting as page 2 Of ?,rhether you are erson or entity, 011 regardless o acity with another P ations in the ations apply to Y ,ement cap with our legal oblig These obliB ow nership or mana, within a ent or in any °T indirectly in conflict w Y • an restrictions are 1im?ted to the area employee' ag 7•ties are directly and whetl1er the actl Ji?? eemclit• These limitations o u ust 12, 2009 etition Ai,' offices. NoncomP mbassador s o n•,bassador on 2011 ith A August 12, fifty-mile radius of A our employment w ug ,ou resigned y ?derstand that) and restrictions well be in force unti d We ui cordingly; these limitations to confirm your awareness an It is also and, ac contact You etition Agreement. west y our N oncomp osition with Ambassador has asked $et forth in } assuming a p licit that oyou may be contemplating eat of tl1e obligation aclc?lowledgm standing that y ssador, we want to malt of clear aliolapoll of your undes tuba window & Do revent a Ambassador S & Door- On behalf of A West Shore al action to p Shore Window n"ent with ssadoT considers e1?P1oa and Ambassador will take re1enee lt. eg P,inba reemG1t etition g Noncompetition Ag obligations in the Noncomp our understanding violation of your so that we can confirm y d to confirm ediately areernent an that you contact us imm the 1l oncompet10 with west Shore we reqnest CO, ly with the terms of to accept, employment nt to and are not plaluling e forward this letter to your your agreeme and) Led, le al counsel, pleas that you have not a?fe ou are represented by g ?Uindow & Door. Y contact us. ounsel with the reqnest that they Very truly yours, C E. ll 'r' Enclosure IN THE COURT OF COMMON PLEAS AMBASSADOR HOME ; CUMBERLAND COUNTY, IMPROVEMENTS, INC., Plaintiff PENNSYLVANIA CIVIL ACTION - LAW AND EQUITY V. NO. WILLIAM VOKOUN, Defendant VERIFICATION factual sta e and belief, although the language is that of counsel and, to the extent that the content knowledge, foregoing document is that of counsel, I have relied upon counsel in making this of the t ments contained therein are true and correct to the best of my information, ose h L. Zisman, President of Ambassador Home Improvements, Inc., hereby state I, j p horized to execute this Verification on behalf of Ambassador Home improvements, that I am aut Inc and that I have read the foregoing COMPLAINT, which has been drafted by counsel. The Verification. that the state ments therein are made subject to the penalties of 18 Pa. C.S.A. I understand § 4904 relating to unworn falsifications to authorities. Iv i3 ?D 9 Date Jo h OL.Zism resident -*'18.5b P D Art,( C& I «30 R.TO 0?-molv`I 81 I Robert E. Kelly, Jr. PA ID No. 21925 Lee S. Cohen PA ID No. 89278 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 rkelly(&kpc-law.com lscohen Akpc-law.com AMBASSADOR HOME IN THE COURT OF COMMON PLEAS IMPROVEMENTS, INC., CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : CIVIL ACTION - LAW AND EQUITY WILLIAM VOKOUN, : NO. Defendant PLAINTIFF AMBASSADOR HOME IMPROVEMENT INC.'S VERIFIED PETITION FOR SPECIAL AND PRELIMINARY INJUNCTION PURSUANT TO PA. R. CIV. P. 1531 Plaintiff Ambassador Home Improvements, Inc., by and through its counsel, Kelly, Parker & Cohen LLP, respectfully files this Motion for Special and Preliminary Injunction Pursuant to Pa. R. Civ. P. 1531 and, in support thereof, sets forth the following: PARTIES AND BACKGROUND Plaintiff Ambassador Home Improvements, Inc. ("Ambassador"), is a Pennsylvania corporation which provides home improvement services to individuals through its office located at 4856 Carlisle Pike Mechanicsburg, Pennsylvania 17050-3026. 2. Ambassador offers replacement windows and doors and basement finishings, among other products and services through an integrated business operation. 3. Ambassador sells its replacement windows and doors through its name and also through the fictitious name Renewal by Anderson of Central Pennsylvania. 4. Ambassador advertises itself as a family owned business offering energy efficient solutions. See Appendix A. 5. Ambassador has provided services through its Carlisle Pike office in Hampden Township since March, 2008. 6. Prior to that time, Ambassador offered its services through its offices at 3907 North Front Street, Harrisburg, PA 17110. 7. Defendant William Vokoun ("Vokoun") is an adult individual with the last known address of 106 East Main Street, Apartment B, Mechanicsburg, Pennsylvania 17055. NON-COMPETITION AGREEMENT 8. On or about April 13, 2009, Vokoun entered into an employment relationship with Ambassador through which Mr. Vokoun was to sell to consumers in Central Pennsylvania the products and services offered by Ambassador. 9. At the time of the commencement of his employment with Ambassador, Vokoun entered into a Non-disclosure and Non-competition Agreement ("Non-competition Agreement") with Ambassador. A true and correct copy of the Non-competition Agreement is attached as Appendix B. 10. As an employee of Ambassador, Vokoun was provided and had access to Ambassador's manufacturing details, and procedures for marketing, selling, operating and installation of its products as well as the pricing of its products and services. 11. In his Non-competition Agreement Vokoun agreed, among other matters, that for a two-year period following the termination of his employment with Ambassador he would not: a. engage in or become engaged in any business which competes with Ambassador's businesses; b. solicit, divert or otherwise take away any customer of Ambassador who is or was a customer during the time of employment or other association; C. solicit, induce or contract with any of Ambassador's employees to leave Ambassador or to work for Mr. Vokoun or for any company with which Vokoun is connected; d. solicit, divert or take away any of Ambassador's sources of business. 12. The noncompetition restrictions and limitations in the Non-competition Agreement are limited to the area within a 50-mile radius of Ambassador's offices. ACTIONS IN VIOLATION OF THE NON-COMEPTITION AGREEMENT 13. One of Ambassador's principal competitors in the sale of replacement windows and doors is West Shore Window & Door ("WSWD"). 14. WSWD is located at 1160 West Trindle Road, Suite C, Mechanicsburg, Pennsylvania 17055, which is well within a 50-mile radius of Ambassador's Carlisle Pike office. 15. WSWD, as does Ambassador, holds itself out as being locally owned and operated and as an expert on energy efficiency. See Appendix C. 16. In addition, both Ambassador and WSWD advertise in the same section in widely and commonly distributed directories and similar advertising vehicles. See Appendix D. 17. As a result, many of the customers who are interested in purchasing replacement windows and doors will contact or be contacted by both Ambassador and WSWD. `t 18. Based on information and belief, WSWD has entered into contracts to sell windows and/or doors to customers who had considered or had agreed to purchase windows and/or doors from Ambassador. 19. Vokoun resigned his employment with Ambassador on August 12, 2009. Accordingly, the Provisions of the Non-competition Agreement relating to non-competition are in force until August 12, 2011. 20. At that time, in a meeting with management of Ambassador, Vokoun was reminded of the obligations in his Non-competition Agreement. 21. Based on information that Vokoun was going to accept employment with WS", on August 19, 2009, Ambassador's counsel sent Vokoun a letter to again remind him of his duties under the Non-competition Agreement and to advise him that Ambassador believes that employment with WSWD would violate of the Non-competition Agreement. See Appendix E. 22. Notwithstanding these notices, Vokoun accepted an employment position with WSWD selling windows and doors in direct competition with Ambassador, and is now competing with Ambassador in violation of the Non-competition Agreement. A SPECIAL AND PRELIMINARY INJUNCTION SHOULD BE ISSUED A. Standards for a Preliminary Injunction 23. Pennsylvania courts have established that in order for a preliminary injunction to be issued the Plaintiff must establish four (4) elements: a. a likelihood of success on the merits; b. a showing of immediate and irreparable harm that cannot be compensated by monetary damages; C. a showing that greater injury will result if preliminary injunctive relief is denied than if injunctive relief is granted; and d. a showing that a preliminary injunction would maintain the status quo. Milicic v. Basketball Marketing Co., Inc., 857 A.2d 689 (Pa. Super. 2004). 24. It is clear that Vokoun violated his Non-competition Agreement when he began employment with WSWD, which is a principal competitor of Ambassador in the replacement window and door market. 25. There is no adequate remedy at law that would redress the impending harm and loss resulting from Vokoun's competition because, inter alia, Ambassador receives much of its business through direct and personal contacts from its sales representatives and from referrals and word-of-mouth from existing customers and, therefore, it would be impossible to determine the amount of business lost from potential customers improperly diverted from Ambassador as a result of Vokoun's breach of the Non-competition Agreement. 26. Greater injury would result from this Court's refusal to grant injunction than granting the injunction because Ambassador will lose customers and potential customers to WSWD, along with Ambassador losing the referrals from those customers. On the contrary, Vokoun is free to work as a salesperson in the field of construction or any other field as long as it is not in direct competition with Ambassador. 27. An injunction would maintain the status quo because Vokoun will not be competing with Ambassador which was the status prior to his breach. 28. Ambassador is likely to prevail on the merits because the Non-competition Agreement was validly entered into by the parties, the limitations and restrictions in the Non- competition Agreement are reasonable in time and scope and are necessary for the reasonable ?f protection of Ambassador's legitimate business interests, and apply to Vokoun subsequent to the termination of his employment with Ambassador. 29. Therefore, the injunction is reasonably suited to abate the offending activity and to restrict Vokoun from competing with Ambassador within the restricted area in violation of his Non-competition Agreement, but would not prevent Vokoun from working as a salesperson in any other non-competing field. WHEREFORE, Plaintiff Ambassador Home Improvements, Inc., respectfully requests that his Court issue a special and preliminary injunction pursuant to Pa. R. Civ. P. 1531 and enjoin Defendant William Vokoun from competing with Ambassador in violation of the Non- competition Agreement during the pendency of this lawsuit, up to a period of no longer than August 12, 2011, together with such other relief the Court deems just, equitable and appropriate, including reasonable attorney fees and costs. Respectfully submitted, FAX 717-920-2370 rkelly_(a),kpc-law. com lcohengkpc-law.com Dated: October 15, 2009 Counsel for Plaintiff Ambassador Home Improvements, Inc. PA ID No. 89278 KELLY, PARKER, & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 A I Ambassador Home Improvements - Harrisburg Home Improvement, York, PA SOx'' HOM?VEMENTS _. ??' 1 r r'r';17> ?rru z.rr? Yr.rs! FREE Professional interior Design click li er e to schedule tour cnnsultation Visit. our New Showroom Click here for chowmotn info Sage on your Heating Bills Read Dave Yobo's latest book Why Buy Replacement 'windows? Click here fur your free cop}' "our basement installation crew was excellent. The finished job exceeds our expectations." --Tbe R.ogartla Fantily llarrisburg, PA Click here :Co see wliat our Ctw.orners Have to Say Check out Our Owens Corning Basement Finishing Website Click here Start Your Home improvements today! can 1-866-540-0924 or contact us online Page I of 2 k .0 Cut Your Energy Costs and get up to $1500 in Txx Credits with Ambassador Energy-Efficient Products winnows Doors _.. ..,,. Siding Gutters /k . lt[?t1?,1SSlC?CY 9/1/2009 httu : / /v?Tww .ambassador -home . c o n?/ Ambassador Home Improvements - Harrisburg Home Improvement, York, PA Welcome to Ambassador Home Improvements We specialize in energy efficient solutions. Come inside and discover why Ambassador is Central PA's first choice for the horrre of energy-efficient home improvement. We offer: fteplacement Windows Siding- Soffit and Fascia Gutters Gutter Protection Doors Basements Blown-in Insulation Garage Systems my father, Marvin Zisman, founded Ambassador Horne improvements in 1947 and our family continues to area now serve the ral from you know andtt u t, Call Aml assador today at- 666-540-0924 brand sname ee what outrthome improvefinenty that specialists can do for your home. Thanks! Joe Zisman N.ARr MI.MRF.It Home I What Our Customers Say I About Us I FAQ - Ask Joe I Contact Us I Employment i Events - Where to See Our products I Special Offers Renewal by Andersen(a) Windows I ohvem Coming Basement. Finishing I Owens Corning Insulation I Ambassador Siding Ambassador Garage Organaers I Guter: PloiLter Gutters ; Roiewal try Andersen@ Doors Ambassador Home improvements, Phone: . Hampar Tod free Center. 4556 `C?aZli?le Pike; Mechanicsburg, PA 17050 Harrisburg Home Improvement, Lancaster PA Home lmprovement, York PA Horne Improvement pei'mylvania Honx Improvement. Contractor Registration Number. PAO07807 20D9 Ambassador Home Improverneris. All rights reserved THE PINK pANTFfERrY 6 w 1964-2009 Matro-Goldwyn-?layer Studios Inc. All Rights Reserved. ?age 2 of 2 "r, , m7AB It ,r?r.,enrcv click here 9/1/2009 l,ti n - //wwrw. ambassador-home . coin/ Windows :York PA Replacement Windows: Energy Windows Selinsgrove • Harrisburg •1 savor J? NONEIMPROVENEN7S e4 11 ?,r.{r page 1, of 2 1 w+?,?eT ,.? ak Start Your Home improvements today! 133.00 x'` tali 1-866-540-0924 or contact__ ___us online ,g ,.? YVN .fEnewa Window Styles for All Homes };R};}; t,,AndersenI Serving Harrisburg, York and Lancaster Professional Interior Design Click l,cse to sc:lu:iiiilc Sour coot+nltalion °? wJ GFisit ottr Frequently Asked Questions Glick here for FAQ's aboai owenc Corning Windows visit our New Showroom Click here for showroom info Save. on four Heating Bills Read Dave I'oho's latest book Why Buy Replacement Windows? Click bm for your free copy "Our basement installation crew was excellent. Tile finished job exceeds our expectations:' -1'lle llogarth }?amih, Ilarrisburg, PA C'li,ic here To See what our Cuslonlers IlDve to Sey Casement Windows x ?I ;r - Admi Awning style Windows Gliding Windows 41 , Bow and Bay Windows mail: wool, Picture Window Combinations Check out our Owens Corning °.t Basement Finishing \h'ebsito (9irl: i,ere` Specialty Windows and More!) (Arch, Trapezoid, Octagon Circles, Half Circle Top, The Renewal by Andersen Difference! Experience y of Renewal by Andersen is the most recognized window liras compan Andersen Corporation the parent ambassador-honze.com/han isburg-windows-york-windows-selinsgrove-PA.html 9/1/2009 ` t Harrisburg Windows : York PA Replacement Windows: Energy Windows Selinsgrove in the United States. Andersen has been serving customers for over 100 years and we take pride in that reputation and carry its traditions of excellence into designing and manufacturing products for the specialized window replacement market. Our Start-to Finish Process Renewal by Andersen was founded with a mission to change the industry. We own the process from manufacturing through sales, installation and service. We commit to one-stop accountability. We understand that you are entrusting your home to us and we will treat it like our family home. We won't say there will never be a problem, but we will say we will here to fix it. Our success is based on complete customer satisfaction and our goal is to excite and delight you every step of the process. See for yourself how enjoyable replacing your windows can be. with Renewal by Andersen. Page 2 of 2 It's a feature that is pleasing to the eye while allowing a noticeable difference in the viewing area. We have a wide range of styling as well as color option, to match any decor. Whether you wish to duplicate your current style or you're looking for new possibilities, our beautiful windows will enhance your home and delight you. Energy Efficiency You may have heard claims of R-values, triple panes and a variety of framing materials in relation to energy efficiency. it can be confusing, but the most important factor is actually the whole window performance. Its the frame, the glass and the installation combined together to save those energy dollars from going out the window. Andersen scientists started to develop this product 30 years ago and today it performs exceptionally well across a broad range of condition, that affect energy efficiency, ease of maintenance and the beauty of windows. We have been recognized by industry and product experts including the NFRC (National Fenestration Rating Council), Energy Star, Sigma (Sealed insulating Glass Manufacturers Assoc.), and Green Seal. Contact its today at 1-866-540-0424 to how we can improve your home. Home I What Our Customers Say I About Us I FAQ -- Ask Joe ; Contact Us ; Employment 1 Events ---- Where to See Our Products ; Special Offers Renewal by Anderynft) Windows m,ens Corning Basement Finishing I Owens Corning Insulation ; Ambassador Siding Ambassador Earaoe Organizers I Gutter Monster Gutters Renevial by Andersen@g `Yjors e Ambassador Home Improvements, iru.. Hampden Center, 4856 Carlisle Pike. Mechanicsburg. PA 17050 5 " 000 Phone: Tull Free i •86r6 W-0924 Harrisl:urg Horne Improvement, Lancaster PA Home lngnvvwmenl, York. PA Home Improvement ? /??¦ , Pennsylvania Home Improvement Contractor Rregist.ralion Number: PA073907 . r^ s ? 4ill?/7 N 2009 Ambassador Home Improvements. All rights reserved . THE PINK PANTHERh 6 r. 11)64 20,39 Metro-Goldwyn !Layer Studios Inc. All Rights Reserved. V Old. hVe http://Nvww.ambassador-home.com/hairisburg-windows-york-windows-selinsgrove-PA.litml 9/l/2009 Sr! ?,41r o? ?t? a AMB SSADOR HOME IMPROVEMENT'S INC. NONDISCLOSURE AND NONCOM-PETITION AGREEMENT in consideration of the association betweer..AMBASSADOR HOME IMPROVEMENTS, LNC. (`-AMBASSADOR") and the Undersigned, the parties hereto have entered into this Nondisclosure and Noncompetition Agreement. WHEREAS, in the course of its business operations, AMBASSADOR provides products and services, which, by the nature of the business, include trade secrets, confidential and proprietary information and other matters deemed material or important enough to warrant protection.: and WHEREAS, the Undersigned, by reason of his/her association with AMBASSADOR and in the course of his/her activities, has access to said secrets and confidential information: and WHERE--AS, AMBASSADOR has trade secrets and other confidential and proprietary information, including but not limited to manufacturing details; marketing, selling, operating, and installation procedures, inventory and tool lists, and customer lists to which the Undersigned has access in the course of his/her association with AMBASSADOR. NOW, THEREFORE. in consideration of the premises contained herein, the parties agree as follows: The Undersigned shall not either during the time of any employment or other association with. AMBASSADOR, or at any time thereafter, either directly or indirectly, communicate, disclose, reveal, or otherwise use for his/her own benefit or the benefit of any other person or entity, any trade secrets or other confidential or proprietary information obtained by the Undersigned by virtue of his/her association with AMBASSADOR, in any manner whatsoever, any such information of any kind, nature or description concerning any matters affecting or relating to the AMBASSADOR business, or in the business of any of its customers or prospective customers, except as required in the course of any employment by AMBASSADOR or except as expressly authorized by AMBASSADOR in v,rriting*. During any period of employment or association with AMBASSADOR, and for two (2) years thereafter, for any reason whatsoever, directly or indirectly, within an area having a radius of fifty (50) miles from the offices of Ambassador Hoare Improvements,. Inc, at 4856 Carlisle Pike, Mechanicsburg, Pennsylvania; or any existing or future offices, including fiiture office of AMBASSADOR, branches or other corporations. whether as an employee, owner, partner, agient, director, officer or shareholder, do any of the following: (l) Engage in or become engaged in any business in competition with AMBASSADOR's business; (2) Solicit, divert or otherwise take away, any customer of AMBASSADOR who is or was a customer during. the time of employment or other association, including= all I customers directi_y or indirectly produced or generated by the Undersigned; (3) Solicit, induce or contract with any of AMBASSADOR. s employees to leave AMBASSADOR or to work for the Undersigned or any company with which tkie Undersigned is connected:, (4) Solicit, divert or take away any of AMBASSADOR'S sources of business. In the event of the violation by the Undersigned of any of the covenants set forth herein, AMBASSADOR shall be entitled to an injunction restraining the violation of such covenant. in addition, the Undersigned will pay AMBASSADOR the stun of Five Thousand ($5,000.0o) Dollars per month in addition to any actual damages for each month or part thereof that said violations continue. Each covenant, obligration and restriction and part thereof set forth herein is separable and distinct from every covenant, obligation, restriction and part thereof In the event of the total or partial invalidity of any covenant or restriction, or part thereof, the ,remaining covenants and obligations and parts thereof shall be deemed- independent and divisible. in full force and effect, and enforceable. Further, the Undersigned shall not make any use of the information described herein, or cause or attempt to cause any other person to use such information for purposes other than the business of AMBASSADOR. EMPLOYEE: By: 1 I .f iq rt-, yo )-c"o (PRINT NAME) Signed:??,?,. (SIGNATURE) Dated: OCI 111311 c( 20 u, t A-MBASSADOR HOME IMPROVEMENTS, INC.: f""_4' (PRINT NAME) Sianed: (SIGNATURE) Dated: `??? , 20 0'.1 Our Company - West Show Window & Door Page 1 of 1 Visit our Showroom Phone - 717.697.4033 1160 W. Trindle Rd., Suite C Mechanicsburg, PA 17055 Mon - Fri: 11:00am - 7:00pm Saturday by appointment Membership Affiliation k s. Member York BuRders Web she desion and hosting provided by Core Graphic http://westshorewindow.com/OurCompany.aspx 9/1/2009 West Shore Window & Door - Servicing Mechanicsburg PA, Camp Hill PA, Harrisburg ... Page 1 of 1 , • t Phone - 717.697.4033 1160 W. Trindle Rd., Suite C Mechanicsburg, PA 17055 West Shore Window & Door is Central Pennsylvania's Energy Efficiency Experts for window and door installation. We are the exclusive dealer of the Park Avenue window collection for Cumberland, Dauphin, Adams, Franklin, York, Lebanon and Lancaster counties. All Park Avenue windows with our E3- Max triple pane glass system are ENERGY STARS qualified in all 50 states. Our products and services include the sale and I installation of windows, patio doors, entry doors, and maintenance free decking. For more I information regarding our products take a look at our Windows and Doors pages. Loop rOV4a1W rrd Web site design and hosting Provided by Core Graphic http://westshorewindow.com/ 9/1/2009 D VANT TO FIND THE RIGHT GUYS FOR THE JOB? )ok for businesses backed by the superguarantee m rought to you by Idearc Media. t details at superguarantee.com ft??J;j Y HARRISBURG METROPOLITAN c AUGUST 2009-2010 AREA CODE 717 s Listings of All Local Exchange Telephone Companies I 02009Idearc Media LLC. All Rights Reserved, or any directory anytime by calling 1-800-888_8448 r ,1111 P1* superpages.comThe Otfi rect he idearc of V__ Print t Deirectories s - i Injured?? "Tell Them You Mean Business." --'° - (800) WIN-WIN-1 W1NVUVV-TV1m1-m.w e E in 866 312.5463 --? Our Display Ad This Page ---------- 73o-0551 Hiil- Mechanicsburg ""----- .- vaskk.,c DS --- .----763 9006 Our Display Ad This Page) - 657-6110 --- Di or Lower Paxton ---- ------ ING` ellOw The Y he place 7s ages is the p ?Pe...and be seen. use The Yellow Pages. P when it comeo to Cujtom Window Faabtono... Let's View The Possibilities. l Free Iri Waif e . onS ltatC n 15% VERIZON r DISCOUNT i e 1 Igo _ On... BLINDS i r d SHUTTERS 13 DRAPERIES p rWassloml n Mail Window nw6iiono vetenm , Ottmed _ met NOW$ a style for every point of view„ Professional woong & Installation Huge Selection of the out Brands! Free In.Home ulMion Estimates Serving West Shore Area 763-9000 www.budgetblindsatom Each hauhiu ladepende•d'I 0•ned 8 Operated superguaranteesm businesses feature orange/black 1i ' diagonal lines around d their ads. • Shutters e Draperies • Wood Blinds • Awnings a Honeycomb Shades • Roller Shades • Vertical Blinds • Silhouettes@ • Woven 'Woods • Window Film and more! ? Double Hung Windows ? Casement Windows Specialty Windows ? Slider Windows • Bay Windows ? Bow Windows ? Awning Windows Basement Windows ? Entry Doors ? Sliding Patio Doors Make "The Rite Choice" 1St Call HomeRite Today! NOW SERVING CE411LU PENNSYLVANIA 717-558.0502 5500 Paxton Street HarrishiW9, PA wwwAomeRiteWD.com CONSERVATION `- CONCEPTS INC Advanced Sash and Door -.----790.0150 6108 Carlisle Pike Mchsbrg----------- ININ*-eonservationeoneepts.corn -- °- 800 755-2405 Advanced Sash & Door int 526-4647 732 Cobnial Rd Lower Paxton--- - '- Toll Free -- " FORNWALD'S WINDOW SHADES 33 ALLIED ROOFING I SHEET METAL INC 774-6476 - 238-25 1324 N 3 St Hamsburg----'---'- 340 Pleasant Vew Rd tlw Cmbdnd---- Gehman & Co --620-2323 121 Gettysburg Pie Mechanicsburg-- (See Our Display Ad Page 769) DERSEN RENEWAL BY AN JCPENNEY CUSTOM DECORATING 0 z298 51 - - 3907 N Front - 666 3230500 Toll Free -- ---_533-2688 WINDO VAN GO Hershey -- 2295 ------- 737- Toll Free---------.'_-.- S NG BY GM BUILDER Windo vanGo Inc camp Hill-- Saving Replacement windows table Awnings and Canopies nd Sunrooms - Patio Enclosures Construction Since 1972 um See Also Glass Coating & Tinting lity BetternvingByGMSuilders.com --------------------- 717 898-3301 CONSERVATION Goose - Lancaster -BBB 898 3350 ` CONCEPTS INC - -----'-- t C F K CONSTRUCTION LLC s. www.conservationconcep 755-240 0 768-6945 5 0 Toll Free----------- 8 A WINDOW FILM PRODUCTS ? Lancaster----- -- - (See our Display Ad Page 771) 795 8800 17 Brennernal or CONTROL sAFETy, CCastle Wilitim ?UN ENTURY SPOUTING COMPANY INC MS & S & SECURITY FIL . Reduces Heat. Glare & Fading 3M 2147 S Market St Elizabethtown 800 292.9675 - lifetime Warranty Cuts Air Conditioning & ts C Toll F ee -- - - I CHAMPION WINDOWS SIDING os Healing • Professional Installatim ed Window I"Dealer i !It PATIO ROOMS 910.4788 z 3M Author Prestige Dealer Network 1351 Eisenhower Blvd Hanishurg------'-- our Display Ad Page 770) S ee ( PA WINDOW TINT INC Hrsbrg-------232 4116 CLASSIC EXTERIORS OF HERSHEY _761.8490 ---- Cohick John 260 Susquehanna Pv Enola- - - 732-2548 _ ..,. i ' CUMBERLAND WINDOW CO f?e? ytlindow 731-1110 - --- ftor 2850 Russell Rd Camp Hill-----' " CONTINUED NEXT LISTING PAGE ------'---" 763- Budget Blinds 29 N 20 St Camp Hill--------------763- 9000 9000 WINDOWS ptLges•com ST?COMPANY WEST SHORE WINDOW & _._691.4033 pCON corn 540-1086 1160 W Tnndle Rd Silver Spring----- -" (See our Display Ad This Page) s(EA INC n H g u Bays • Garden, Double jFsbmates•FinancingAvailable CONTINUED NEXT LISTING PAGE fork Fully Guaranteed Remodeling? den & Lee Magnelli -Owners 564-9000 The Yellow Pages ' __ 564-9000 is your g1Hrebrg designer-contractor- A __.--921-8448 painter-carpenter Creek Rd Dauphin------------ ' " ---.774-0569 wallpaper- ---- - NW Cmbdnd- ---- -' ii, Rd - carpet- z . y..4 ? t 1 O DOOF.S t F e 5 ` j0 Year Narranty ; $T'. ,ocally owned WINP® '"RK AVENUE & Operated ??'-- DOOR Sub-Contractors 817 717-697-4033 Financing 1160 W. Trindle Rd, Mechanicsburg options www.WestShoreWindovv.com •.perguarantee w4 Formally Known as CK Excavating • Basement Window Well Installation • Basement Stairway Installation • yinyl Basement Windows =._ • Replacement Windows & Doors • Custom Built Decks Including Site Prep, Digging, Excavating, Demolition, New Basement Windows & Doors am f )t I sed & Insured windows, harrisburg, pa - Google Search Web Images Videos Maps News Shopping Gmail more v windows, harrisburg, pa Gooc,rg, pa Page 1 of 3 Search settings I Sign in Search Advanced Search Web Show options... Results 1 -10 of about 446,000 for windows, harrisburg, pa. (0.44 seconds) Energy Efficient Windows Sponsored Links Sponsored Links www.WestShoreWindow.com Window and Door Installation Save Money with a Free Energy Audit Avoid These Contractors Check for Banned Harrisburg Replace Your Windows Contractors+Get Bids from Good Ones www.Ambassador-Home.com Save Energy with Replacement www.BannedContractors.com Windows from Renewal By Andersen Harrisburg-Lancaster-York, PA Windows Harrisburg www.GuideToWindows.com Compare window companies. Choose from top styles and materials now! Local business results for windows, near Harrisburg, PA Low-Low Window Prices Harrisburg best Window Company We Beat All Prices-See Sale Prices www.installamerica.net See your ad here Hershocks Inc-Windows Doors Glass hershocks.com - (717) 238-7331 - 1 review Champion Windows Siding & Patio Rooms www.championwindow.com - (717) 986-1953 - More Pella Windows & Doors web.pella.com - (717) 545-0855 - More ABC Supply Co www.abcsupply.com - (717) 232-5620 - More Clearview Siding & Windows Llc www.clearviewcomplete.com - (717) 412-4328 - More Home Rite Windows and Doors www.homeritewd.com - (717) 558-0502 - More It Prime-O-Sash Corporation of Central Pennsylvania www.primeosashpa.com - (717) 541-9556 - 1 review More results near Harrisburg, PA Replacement Windows Harrisburg PA I Window Repair I Vinyl, Glass Window Contractors Directory for Harrisburg, Pennsylvania PA. Find Customer-Rated, Prescreened Home Improvement Professionals for Harrisburg, PA. www.servicemagic.com/c.Windows.Harrisburg.PA.-l2080.htmi - Cached - Similar Prime-O-Sash Central PA Home Improvements, Windows, Doors Prime-O-Sash Central Pa home improvements, replacement windows, doors, vinyl siding, roofing, sunrooms, ... 59 North Progress Ave. Harrisburg, PA 17109 ... www.primeosashpa.com/ - Cached - Similar Doors and Windows - Harrisburg, PA - PennLive.com Find Doors and Windows local business listings in & near Harrisburg, Pennsylvania. Get http://www. google.comlsearch?q=windows%2C+harrisburg%2C+pa&rls=com.microsoft:... 10/14/2009 `' .'• r y. ? F KELLY, PARKER &. COHEN LLP ATTORNEYS AT LAW COMMERCE TOWERS- 10T"1'LOOR 300 NORTH SECOND STREET, HARRISBURG, PA 17101 TELEPHONE- (717) 920-2220 FACSIMILE (717) 920-2370 Robert E. Kelly, Jr. Extension 102 rkel l y(d,)kpc-law. corn August 19, 2009 Via First Class Mail and Certified Mail- RRR William Vokoun 106 E. Main Street Apartment B Mechanicsburg, PA 17055 Re: Ambassador Home Improvements Inc. - Nondisclosure and Noncompetition Agreement Dear Mr. Vokoun: We are counsel for Ambassador Home Improvements Inc, ("Ambassador") and have been requested to contact you regarding the Nondisclosure and Noncompetition Agreement ("Noncompetition Agreement") you entered into on April 13, 2009 with Ambassador. An additional copy of the Noncompetition Agreement is enclosed. As you are aware, the Noncompetition Agreement which you executed provides, among other matters, that for a two-year period following the termination of your employment with Ambassador you will not: (1) engage in or become engaged in any business which competes with Ambassador's businesses; (2) solicit, divert or otherwise take away any customer of Ambassador who is or was a customer during the time of employment or other association; (3) solicit, induce or contract with any of Ambassador's employees to leave Ambassador or to work for you or for any company with which you are cormected; (4) solicit, divert or take away any of Ambassador's sources of business. William Vokoun August 19, 2009 Page 2 These obligations apply to you regardless of whether you are self-employed or acting as an employee, agent or in any ownership or management capacity with another person or entity, and whether the activities are directly or indirectly in conflict with your legal obligations in the Noncompetition Agreement. These limitations or restrictions are limited to the area within a fifty-mile radius of Ambassador's offices. We understand that you resigned your employment with Ambassador on August 12, 2009 and, accordingly, these limitations and restrictions will be in force until August 12, 2011. Ambassador has asked that we contact you to confirm your awareness and acknowledgment of the obligations set forth in your Noncompetition Agreement. It is also Ambassador's understanding that you may be contemplating assuming a position with West Shore Window & Door. On behalf of Ambassador, we want to make it clear and explicit that Ambassador considers employment with West Shore Window & Door to be a violation of your Noncompetition Agreement and Ambassador will take immediate legal action to prevent a violation of your obligations in the Noncompetition Agreement. We request that you contact us immediately so that we can confirm your understanding and your agreement to comply with the terms of the Noncompetition Agreement and to confirm that you have not accepted, and are not planning to accept, employment with West Shore Window & Door. If you are represented by legal counsel, please forward this letter to your counsel with the request that they contact us. Very truly yours, E. ell r. Enclosure -It fr Ic- VERIFICATION Zisman, President of Ambassador Home Improvements, Inc., hereby state I, Joseph L. rovements, that I am authorized to execute this Verification on behalf of Ambassador Home Imp the foregoing PETITION FOR A SPECIAL AND PRELIMINARY Inc. and that I have read hich has been drafted by counsel. The factual statements contained therein are INJUNCTION w h the language is and correct to the best of my information, knowledge, and belief, althoug true extent that the content of the foregoing document is that of counsel, that of counsel and, to the have relied upon counsel in making this Verification. he statements therein are made subject to the penalties of 18 Pa. C.S.A. I understand that t § 4904 relating to unworn falsifications to authorities. Date 4=assadorsHome . Zim resident Improvements, Inc. t .,rP± p _e t AMBASSADOR HOME IN THE COURT OF COMMON PLEAS OF IMPROVEMENTS, INC., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. WILLIAM VOKOUN, ; DEFENDANT NO. 09-7033 CIVIL ORDER OF COURT AND NOW, this 15th day of October, 2009, upon consideration of Plaintiff, Ambassador Home Improvements, Inc.'s Complaint and Verified Petition for Special and Preliminary Injunction, IT IS HEREBY ORDERED AND DIRECTED that a hearing on Plaintiff's Petition for Special and Preliminary Injunction shall be conducted in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania on Friday, October 30, 2009, commencing at 9:30 a.m. IT IS FURTHER ORDERED AND DIRECTED that each party will be allowed 1 hour to present their case. ZRobert E. Kelly, Jr., Esquire Attorney for Plaintiff ? William Vokoun, Defendant bas ?cYJt ES' ma,i?? to t C. By the Court, M. L. Ebert, Jr., J. 'Di: THE 2009 OC ( 1 6 a i 11: 31 V. AFFIDAVIT OF PROCESS SERVER COURT OF COMMON PLEAS CUMBERLAND COUNTY NAME OF COURT AMBASSDOR HOME IMPROVEMENTS. INC vs. WILLIAM VOKOUN NO. 09-7033 CIVIL TERM PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT I, Ian Castaneira declare that i am citizen of the United States, over the age of eighteen and not a parry to this action and that within the boundaries of the state where service was effected, I was authorized by law to perform said service SERVICE: I Served WILLIAM VOKOUN WITH THE FOLLOWING DOCUMENTS: M Complaint, (2) Plaintiff Ambassador Home Improvements Inc's Verged Petition For Special And Preliminary Injunction Pursuant To Pa. R. Civ.P.1531, and (3) three proposed Orders BY SERVING: JENNIFER BRITTAIN AT: 106 East Main Street, Apartment B, Mechanicsburg, Pennsylvania 17055 ON October 15. 2009 AT 6:55 p.m. DATE TIME MANNER OF SERVICE: ( ) I personally delivered copies to the person being served ( xx ) By leaving copies at the dwelling house or usual place of abode of the person being served, with a member of the household 18 years or older and explaining the general nature of the papers. I declare under penalty of perjury the information herein is true and orrect and this affidavit was executed on October 16, 2009, at Harrisburg, Pennsylvania I? NATURE OF PROCESS SERVER IAN CASTANEIRA Commonwealth of Pennsylvania County of Dauphin 14 Subscribed and sworn before me, a notary public this )tday of October, 2009 .4 NOTARY P WITNESS MY HAND AND SWO?tN ORE ME, A NOTARY PUBLIC THIS J,? DAY OF Uc r ?"O' COMMONWEALTH OF PENNSYLVANIA NOTA?RyI?A?L.? SEAL WANDA L. HOFFMANI Notsry Public City of Harrisburg, Dauphin County My Commission Expires April 8, 2010 I1 CERTIFICATE OF SERVICE On this 20th day of October 2009, I, Lee S. Cohen, hereby certify that I have, this day, served a true and correct copy of the foregoing AFFIDAVIT OF PROCESS SERVER upon the person(s) and at the address(es) below named by First Class Mail: William Vokoun 106 E. Main Street Apartment B Mechanicsburg, PA 17055 Defendant Lee S. Cohen FfI.E -"-4 0E- OF THE ? ;?' <1011*.Y 2009 OCT 20 AM 8: 19 ffy, C'J _ AMBASSADOR HOME IMPROVEMENTS, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW AND EQUITY WILLIAM VOKOUN, : NO. 09-7033 CIVIL TERM Defendant JUDGE EBERT MOTION FOR CONTINUANCE OF INJUNCTION HEARING AND NOW, comes William Vokoun, Defendant in the above-captioned proceeding, by his counsel, John M. Kerr, Esquire, pursuant to Cumberland County Local Rule 208.3, and files the within Motion For Continuance, the nature of which is as follows: 1. On October 15, 2009, Plaintiff Ambassador Home Improvements, Inc. filed a Complaint, ohn M.err 5020 Potter Road Suite 109 Mechank-_- w . PA 17055 PHoNF: 717.766.4008 FAx: 717.766.4066 alleging that Defendant William Vokoun was in violation of a non-compete agreement which he had executed with Plaintiff. 2. On the same date, Plaintiff Ambassador Home Improvements, Inc. also filed a Petition For Special and Preliminary Injunction. 3. The Court has scheduled a Hearing on the Injunction Request for Friday, October 30, 2009, at 9:30 a.m. before the Honorable, M.L. Ebert, Jr. 4. Undersigned counsel has just been retained on this date (October 26, 2009) to defend the interests of William Vokoun in this matter. 5. Undersigned counsel just underwent knee surgery on Thursday afternoon, October 22, 2009 and just returned to his office on this date. 6. Undersigned counsel requires time to acquaint himself with the issues involved in the instant request for injunctive relief. 7. Undersigned counsel requests a short continuance in order that he may be adequately prepared for the scheduled injunctive hearing. 8. Undersigned counsel has attempted to contact Robert E. Kelly, Jr. , Esquire to obtain his concurrence in this Motion and has left a voice message. 9. According to Plaintiff's well-pleaded averments, Ambassador's counsel forwarded a letter to Defendant Vokoun on August 19, 2009, but did not file the injunction request until nearly two months later. Consequently, there would be no harm to granting the requested continuance. WHEREFORE, it is requested that the Court grant a short continuance of the scheduled date for the Injunction Hearing. Respectfully submitted, (L W. Jo M. Kerr, Esquire At orney I.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17050 (717) 766-4008 Dated : October 26, 2009 law 0?Q d Yohn M.-err 5020 Ritter Road Suite 109 M0dkVVCSbUr9, PA 17055 Priorre: 717.766.4008 FAx: 717.766.4088 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Motion For Continuance of Injunction Hearing," on the below-named individual in the manner indicated: First-Class mail, Postage Prepaid Robert E. Kelly, Jr., Esquire Kelly, Parker & Cohen LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 Joh r(m . Kerr, Esquire Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: October 26, 2009 92= <err 5020 Ritter Road state 100 Wdlenksburg, PA 17055 PHONE: 717.788.4008 FAx: 717.788.4066 RQ-Wr OF THE PPOIH TAAY 2009OCT 26 PM 4* 04 C',t1h ? F _, 4 -JUN Y PENNSY.VANA v Robert E. Kelly, Jr. PA ID No. 21925 Lee S. Cohen PA ID No. 89278 KELLY, PARKER & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 rkelly@kpc-law.com .1cohen@kpc-law.com AMBASSADOR HOME IMPROVEMENTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION WILLIAM VOKOUN, : No. 09-7033 Civil Defendant (Judge Ebert) RESPONSE OF AMBASSADOR HOME IMPROVEMENTS, INC., TO DEFENDANT'S MOTION FOR CONTINUANCE Plaintiff Ambassador Home Improvements, Inc. ("Ambassador"), by its counsel, Kelly, Parker & Cohen LLP, respectfully submits its Response to the Motion of Defendant William Vokoun requesting a continuance of the hearing on Ambassador's request for a special or preliminary injunction currently scheduled for October 30, 2009, as follows: 1. In his Motion for Continuance, Vokoun asserts that he obtained counsel, John M. Kerr, Esquire, on October 26, 2009, but that his counsel has recently had knee surgery (on October 22) and that counsel has only recently returned to his office. 2. Accordingly, Vokoun requests a "short continuance" in order that Mr. Kerr may prepare for the hearing. 3. Ambassador's counsel has spoken with Mr. Kerr and indicated, in light of the basis for the request for a continuance, that Ambassador does not oppose the request for a "short continuance" if the Court can reschedule the hearing for the week of November 2 or, perhaps, the week of November 9. 4. Ambassador's counsel also indicated to Mr. Kerr that they would advise the Court of Ambassador's concurrence in the Motion. Ambassador's counsel did also advise Mr. Kerr that the Court's schedule may not permit the granting of the relief sought by Vokoun. 5. Ambassador's counsel can make themselves available at all times during the weeks of November 2 and November 9, except for the mornings of November 3, 6, and 9. WHEREFORE, for the foregoing reasons, Plaintiff Ambassador Home Improvements, Inc., does not oppose the Motion of Defendant William Vokoun for a "short continuance" of the hearing currently scheduled for October 30, 2009, if the Court's calendar allows that the hearing be held the week of November 2, 2009, or November 9, 2009. Dated: October 27, 2009 Respectfully submitted, Robert E. Kelly, Jr. PA ID No. 21925 Lee S. Cohen PA ID No. 89278 KELLY, PARKER, & COHEN LLP 5425 Jonestown Road, Suite 103 Harrisburg, PA 17112 717-920-2220 FAX 717-920-2370 rkellykkpc-law.corn lcohen e,kpc-law.com Counsel for Plaintiff Ambassador Home Improvements, Inc. 2 CERTIFICATE OF SERVICE On this 27th day of October 2009, I, Pamela L. Russell, a legal secretary in the law firm of Kelly, Parker & Cohen LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing RESPONSE OF AMBASSADOR HOME IMPROVEMENTS, INC., TO DEFENDANT'S MOTION FOR CONTINUANCE upon the person(s) and at the address(es) below named by Electronic Mail: John M. Kerr, Esquire Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Counsel for Defendant OF tHE tarn 2009 OOT 27 PM 12: 3 7 fr? ?k t 3 AAA u WUN Y PENNSYLVANNtA AMBASSADOR HOME IMPROVEMENTS, INC., Plaintiff V. WILLIAM VOKOUN, Defendant ORDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AND EQUITY NO. 09-7033 CIVIL TERM JUDGE EBERT AND NOW, thisal?_ ay o f, 2009, upon consideration of the "Motion For Continuance of Injunction Hearing, " it is hereby ORDERED and DECREED that the Hearing, scheduled for October 30, 2009, at 9:30 a.m. is CONTINUED until the 35i?day of T) C,W?i? , 2009 at 1 tiYm. in Courtroom # , Cumberland County Courthouse, Carlisle, Pennsylvania 17013. BY THE COURT: J. fiLEQ-C„???GE OF Thf P:" i ,() !OTARY 2009 NOV -2 AM 10: 57 CUM ,. d _';;y ar;gs P44.? ,? . kdlf A, R44 J . 1CEan-- 1 AMBASSADOR HOME IN THE COURT OF COMMON PLEAS IMPROVEMENTS, INC., CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : CIVIL ACTION - LAW AND EQUITY WILLIAM VOKOUN, No. 09-7033 Civil Defendant (Judge Ebert) ORDER AND NOW, this ` day of N w . , 2009, upon agreement of counsel, it is hereby ORDERED that a hearing on Plaintiff's Petition for Special and Preliminary Injunction shall be conducted in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania, on December 11, 2009, commencing at 10:30 a.m. BY THE COURT: M.L. Ebert, Jr., Judge C ii Cyn Distribution: Robert E. Kelly, Jr., Kelly, Parker & Cohen, LLP, 5425 Jonestown Rd., Suite 103, Harrisburg, PA 17112, 717-920-2220 - Counsel for Plaintiff hn M. Kerr, Esquire, Law Office of John M. Kerr, 5020 Ritter Road, Suite 109, Mechanicsburg, PA 17055 - Counsel for Defendant r lf?S '-r?CL'L 3.--- FILED?'-' "'E -' ` TAPY OF ?Hi PP" 2009 NOV -6 Ph 12: 05 Y _- ? l vn