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HomeMy WebLinkAbout11-6723 MICHAEL L. BANGS, ESQUIRE C"') h, ATTORNEY FOR PLIF I.D. 441263 zm 429 SOUTH 18 STREET CAMP HILL, PA 17011 C " Q (717) 730-7310 . t?, z rt c"a ZC rJ t ECLIPSE, LTD. ) IN THE COURT OF COMM Plaintiff OF CUMBERLAND COUNTY;.` PENNSYLVANIA ? vs. ) /1-&7d 3 NO. EQUITY TERM PAULA M. MOOSE, ) Defendant ) CIVIL ACTION - LAW AND EQUITY EMERGENCY INJUNCTIVE RELIEF REQUESTED MOTION FOR EMERGENCY INJUNCTIVE RELIEF AND NOW, the Plaintiff, Eclipse, Ltd., by and through its attorney, Michael L. Bangs, Esquire, files this Motion for Emergency Injunctive Relief and in support thereof avers as follows: 1. Eclipse, Ltd., is a Pennsylvania corporation with its principal place of business at 101 South Third Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Concurrently with the filing of this Motion, Eclipse, Ltd., filed a timely Complaint in equity, a true and correct copy of which is attached hereto as Exhibit A. 3. The allegations in the Complaint show that Paula M. Moose was formerly employed by Eclipse, ended her employment on July 12, 2011 by voluntarily leaving Eclipse, and began working with a competitor of Eclipse within seven miles of Eclipse's place of business. 4. The Defendant, Paula M. Moose signed an Employment Agreement at the commencement of her employment with Eclipse which contained a non-competition provision prohibiting her from working for a competing business for a period of one year within seven miles of Eclipse's business, and also prohibited her from contacting any of Eclipse's clients. 5. Upon termination of her employment, Moose contacted Eclipse's clients indicating that she was going to be working at her new salon and soliciting their business. 6. At the time that Moose left her employment, she was servicing approximately 160 clients of Eclipse. 7. Eclipse caused notice to be sent to Moose indicating that by contacting the clients, she was in violation of her Employment Agreement and if she was in fact working at her new salon, it was in violation of the non-competition provision. 8. Since Moose has left her employment with Eclipse and began working at the new salon and having contacted her clients, none of her previous clients have rescheduled appointments with Eclipse. 9. Eclipse will suffer immediate and irreparable harm unless Moose is immediately prohibited from engaging directly or indirectly in any business similar to the business of Eclipse within seven miles of Eclipse's principal place of business in accordance with her contractual requirements as set forth in her Employment Agreement. Once those customers leave Eclipse, they will not come back. 10. Counsel for Eclipse, Michael L. Bangs, Esquire, sent a letter advising Moose of her violation of the Employment Agreement, a copy of which is attached hereto and marked as Exhibit B. Counsel has received no contact from Moose or anyone representing her. i 1. 'There is no counsel of record for Defendant and therefore concurrence in this Motion could be obtained. 2 WHEREFORE, Plaintiff requests this Honorable Court to provide it with special relief in the nature of a preliminary and permanent injunction, specifically enjoining Paula M. Moose from competing in the same or similar business for a period of one year within a seven (7) mile radius of Eclipse as well as prohibiting her from contacting Eclipse's clients. Respectfully submitted, MICHAEL L. BANGS Attorney for Petitioner 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 3 VERIFICATION F. STEPHEN VanVOORHEES, being duly sworn according to law, deposes and says that he is the President of Eclipse, Ltd., a Pennsylvania corporation, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ECLIPSE, LTD. BY: W? c c. A9TrfHE anVOORHEES President MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 18 1" STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF 1-CLIPSE, LTD, vs. PAULA M. MOOSE, Plaintiff ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. EQUITY TERM CIVIL ACTION - LAW AND EQUITY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 0 MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 181H STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF ECLIPSE, LTD. vs. PAULA M. MOOSE, Plaintiff ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. EQUITY TERM CIVIL ACTION - LAW AND EQUITY COMPLAINT AND NOW comes the Plaintiff, Eclipse, Ltd, by and through its attorney, Michael L. Bangs, Esquire, and states as follows: 1. Plaintiff, Eclipse, Ltd. (`Eclipse"), is a Pennsylvania corporation with its principal place of business at 101 South Third Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Defendant, Paula M. Moose ("Moose"), is an adult individual who resides at 2130 South Second Street, Steelton, Dauphin County, Pennsylvania, 17113. 3. Eclipse is a full service salon which provides a full range of cosmetology services which includes but is not limited to hair styling; retail sales of skin care and hair care products, and makeup and makeup products. 4. Moose commenced working with Eclipse as a professional hair stylist. 5. As a condition and in consideration of her employment with Eclipse, Moose signed an Employment Agreement dated August 12, 2005. Attached hereto and marked as Exhibit A is a true and correct copy of the Employment Agreement. 6. In addition to the hiring of Moose under the Employment Agreement, Eclipse provided significant training to Moose to assist her in her professional development which, at a minimum, was comprised of 200 hours and further provided in-salon training thereafter. 7. The Employment Agreement also had a non-competition provision which specifically prohibits Moose from working in the business of cosmetology, retail sales of skin care and hair products or makeup, for a similar business or individual of Eclipse for a period of one year within a seven (7) mile radius of Eclipse. 8. Moose also agreed and understood that all client information obtained or acquired while she was employed by Eclipse was the property of Eclipse and she was prohibited from contacting any clients of Eclipse after her leaving employment. 9. Moose voluntarily left employment with Eclipse without notice on July 12, 2011. 10. Thereafter, F. Stephen VanVoorhees, the owner of Eclipse, became aware that Moose was contacting Eclipse's clients that she served while employed by Eclipse soliciting their business. 11. Mr. VanVoorhees also understood that Moose planned to work at Prevail Salon located at l Commercial Drive, Camp Hill, Pennsylvania, roughly two to three miles from Eclipse. 12. On or about July 21, 2011, Eclipse, through its attorney, Michael L. Bangs, sent a letter notifying Moose that her actions in contacting Eclipse's clients and working at Prevail Salon was in violation of the terms and conditions of her Employment Agreement. Attached hereto and marked as Exhibit B is a true and copy of the letter. 13. Moose had ignored this notification and is now working at Prevail Salon. 2 14. The non-competition provision of the Employment Agreement is important to Eclipse because the nature of the cosmetology salon business, most of its customers reside within a seven (7) mile radius of the salon. 15. Eclipse, as is the case with other salons, is dependent upon retaining those customers that it has developed over the years and that reside within seven (7) miles of the salon so as to maintain the integrity of the business itself. 16. Eclipse, in recognizing the importance of retaining its customers who are within a certain radius, expends a significant amount of funds in training its hair stylists, including Moose, so that they can provide premium services to Eclipse's customers. 17. At the time Moose left her employment, she was servicing approximately 160 of Eclipse's customers. 18. Since Moose has left her employment with Eclipse and started working at another salon which is less than seven miles away from Eclipse in violation of the Employment Agreement, none of the customers have rescheduled appointments with Eclipse. 19. The purpose of the non-competition provision of the Employment Agreement is to prevent specifically what is occurring in this case which is having employees trained by Eclipse and servicing clients of Eclipse then leaving and trying to take those clients with them. 20. Unless Moose is enjoined from violating the Employment Agreement, Eclipse will permanently lose all of these clients who were serviced by Moose while she was employed by Eclipse. 21. Eclipse will suffer irreparable injury and harm by the continued violation of the Employment Agreement by Moose if she is permitted to work as a hair stylist in a competing salon within seven miles of Eclipse in violation of the non-competition agreement that she signed. WHEREFORE, the Plaintiff requests the Court order and direct the following: A. Issue a preliminary and permanent injunction enjoining and restraining. Moose from engaging directly or indirectly in any business similar to the business of Eclipse, within seven (7) miles of Eclipse's principal place of business, 101 South Third Street, Lemoyne, Pennsylvania. B. Preliminary and permanently enjoin Moose from contacting any of Eclipse's clients. C. Order an accounting of any and all services provided by Moose to any of Eclipse's clients from and after the date that she left employment up to the date of the injunction. D. Such other relief as the Court deems proper. Respectfully submitted, MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 4 VERIFICATION F. STEPHEN VanVOORHEES, being duly sworn according to law, deposes and says that he is the President of Eclipse, Ltd., a Pennsylvania corporation, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ECLIPSE, LTD. BY: F. STEPHEN VanVOORHEES President 5 EMPLOYMENT AGREEMENT THIS AGREEMENT, dated this 12th day of August 2005, between STEPHEN VANVOORHEES, trading as ECLIPSE (hereinafter called the Employer), and Paula Marie Shomper (hereinafter called the Employee). WITNESS SETH: WHEREAS, Employer desires to employ Employee to ;ender services as a professional hair stylist and Employee desires to enter the employ of the Em- ployer on an exclusive basis; NOW THEREFORE, in consideration of the mutual promises contained herein and intending to be legally bound hereby, the parties hereto agree as follows: 3. lk- A ,1 8. 10. Employment. The Employer hereby employs the Employee and the Employee accepts employment upon the terms and conditions hereinafter set forth. Term Subject to provisions for termination hereinafter provided, the term of this Employment Agreement shall begin on August 12th, 2005, and shall end os August 12th, 2006. This agreement shall automatically be renewed and extended for a like term and month to month thereafter with the same terms and conditions, until terminated by either party giving the other (2) weeks notice of termination. Compensation. Employer agrees to pay employee for all services rendered under this Agreement at the minimum rate of $8.00 per hour. With periodic raises, based on performance. (SEE LEVEL COMPENSATION) Duties. The Employee shall devote his or her professional time, attention and energies to the business of the Employer, and shall not daring the lean of this Agreement be engaged in any other professional activity of similar nature without the prior written consent 41 E!hnpie'yer. It is understood and a@F*d that the primary duty of the Employee shall he cutting, styling, coloring, perming hair, and the sale of home hair care products. Nevertheless, Employee shall perform such additional duties as cleaning of his or her work area and shall perform such additional functions as may be from time to time prescribed by the Em- ployer's Employee Handbook, which is incorporated herein by reference thereto. Education. The Employer will provide a complete training course, (approximately 200 boors of instruction). Subject to the condition that if the Employee should leave the Employer less than one (1) year following the completion of any of the in-salon training program, the Employee will reimburse the Emplo* at the rate of $2000. The expense incurred to the Employer for training is NOT to be prorated for any part of the two years spent after completion of the above course as an Employee. Non-Competition. In the event Employee withdraws. resigns. or is terminated from his or her employment the employee covenants, promises and agrees to IMF with Employer, as consideration for the entry into this Employment Agreement, that the Employee will not engage in any business or activity of cosmetology ar retail sales of skin care or hair care products or make-sp, for profit nor will be or she engage in the same or similar business, individually, as a member sat partnership or an officer, director or stockholder of any corporation, for a period of one (1) year within a seven (T) mile radius of any office or place ofd ness of Employer, without the prior written consent of Employer. Tern inatioa. The Employee hereby agrees that the Employer may terminate this Agreement at any time, for just cause which includes cry violation of the rules and regulations of the Employee Handbook. In the event of extended disability by employee, terms and conditions of this contract can be renegotiated. Exclusivity of Agreement. This Agreement constitutes the sole and compkte agreement between the Employer and the Employee. No verbal or other state- ments, Wove tents or representations have been made to or relied upon by the Employee and no modifications hereof shall be binding upon by the ENO M unless is writing and signed by its authorized representative. Governing Law. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, administrators, successors, and assigns and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. H any part of this Agreement is deemed unfair, excessive, or unenforceable it shall not cause any other part of this Agreement to be null and void. Parts deemed unfair should be adjusted by the Court to be fair and enforceable. Client information. Upon liquidation of the corporation or upon the Employee's termination of his or her employment, all client information (pbooe numbers, addresses, names, and technical information) shall remain with the Employer. Employee may not contact clients of ECLIPSE by phone or mail. 12. 1 WITNESS WHEREOF, the parties hereto have hereunder set their bards and seals the day and year fast above written intending to be legally bound hereby, EMPLOYER, EC PSE: E F. Stephen VanVoorhees Paula Marie Shomper 9 WITNESS: ?/\,? AJa $ANCIS LAW OF'F'ICE 429 SOU-I'll 18"" STREET CAMP HILL, PA 17011 E-mail: mikebangs(d:verizon.net MICHAEL L. BANGS, Attorney-at-Law WENDY K. STRAUB, Paralegal July 21, 2011 Mrs. Paula M. Moose 2130 South 2°d Street Steelton, PA 17113 RE: Employment Agreement - Eclipse Dear Mrs. Moose: PHONE: 717-730-7310 FAX: 717-730-7374 WILLIAM E. MILLER, JR. Of Counsel Please be advised that I represent Eclipse, Ltd. I reviewed the facts and circumstances regarding your leaving of employment with Eclipse which occurred on Tuesday, July 12, 2011. Following the leaving of employment, I understand that you have now decided to work at the Prevail Salon located at 1 Commercial Drive, Camp Hill. In addition, you have contacted your various clients and advised them of your move and asked them to come to that location. As you are aware, you signed an Employment Agreement dated August 12, 2005, a copy of which I enclose. The Employment Agreement has specific provisions regarding your non-competition and prohibits you from competing with Eclipse with any other salon that is located within a seven mile radius of Eclipse. Your work with Prevail would be in violation of that provision. Additionally, you have taken confidential and proprietary information from Eclipse, specifically the various telephone numbers for the customers, which is prohibited as well. This is in direct violation of Paragraph 11 of the agreement. Please understand that Eclipse takes its contractual obligations with its employees seriously. We have successfully enforced the non-competition provisions of this agreement in the Court of Common Pleas of Cumberland County. If you do not cease and desist your conduct immediately and specifically refrain from working within a seven mile radius of Eclipse and cease contacting its customers, we will file an injunction against you immediately prohibiting you from this activity. We will seek to recover from you any and all appropriate damages including, but not limited to, counsel fees for enforcement of this agreement. Page 2 July 21, 201 1 I have also sent the enclosed letter to your prospective employer advising her of this non- competition and this as well. If your employer employs you in violation of the agreement, we will seek any remedies available to us against that employer as well. Please be guided accordingly. Very truly yours, Michael L. Bangs wks Enclosures cc: Eclipse, Ltd. $ANW LAIC OMCE 429 SOUTH 18TH STREET CAMP HILL, PA 17011 E-mail: mikebangs(a`verizon.net PHONE: 717-730-7310 FAX: 717-730-7374 MICHAEL L. BANGS, Attorney-at-Law WENDY K. STRAUB, Paralegal July 21, 2011 Mrs. Paula M. Moose 2130 South 2nd Street Steelton, PA 17113 RE: Employment Agreement - Eclipse Dear Mrs. Moose: WILLIAM E. MILLER, JR. Of Counsel Please be advised that I represent Eclipse, Ltd. I reviewed the facts and circumstances regarding your leaving of employment with Eclipse which occurred on Tuesday, July 12, 2011. Following the leaving of employment, I understand that you have now decided to work at the Prevail Salon located at 1 Commercial Drive, Camp Hill. In addition, you have contacted your various clients and advised them of your move and asked them to come to that location. As you are aware, you signed an Employment Agreement dated August 12, 2005, a copy of which I enclose. The Employment Agreement has specific provisions regarding your non-competition and prohibits you from competing with Eclipse with any other salon that is located within a seven mile radius of Eclipse. Your work with Prevail would be in violation of that provision. Additionally, you have taken confidential and proprietary information from Eclipse, specifically the various telephone numbers for the customers, which is prohibited as well. This is in direct violation of Paragraph 11 of the agreement. Please understand that Eclipse takes its contractual obligations with its employees seriously. We have successfully enforced the non-competition provisions of this agreement in the Court of Common Pleas of Cumberland County. If you do not cease and desist your conduct immediately and specifically refrain from working within a seven mile radius of Eclipse and cease contacting its customers, we will file an injunction against you immediately prohibiting you from this activity. We will seek to recover from you any and all appropriate damages including, but not limited to, counsel fees for enforcement of this agreement. Page 2 July 21, 2011 I have also sent the enclosed letter to your prospective employer advising her of this non- competition and this as well. If your employer employs you in violation of the agreement, we will seek any remedies available to us against that employer as well. Please be guided accordingly. Very truly yours, Michael L. Bangs wks Enclosures cc: Eclipse, Ltd. MICHAEL L. BANGS, ESQUIRE I. D. #41263 429 SOUTH 18 t E? STREET CAMP HILL, PA 17011 (717) 730-7310 ECLIPSE, LTD. Plaintiff vs. PAULA M. MOOSE, Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA II- (01AB 01vilTe+'w NO. EQUITY TERM CIVIL ACTION - LAW AND EQUITY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 74 Cumberland County Bar Association =M C= 1 Ir- 32 South Bedford Street X°' Carlisle, Pennsylvania 17013 rr-M Telephone: (717) 249-3166 C-) z r-a M r -mac O *4a.oo PO ATE 0'*gg3q MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF ECLIPSE, LTD. vs. PAULA M. MOOSE, Plaintiff ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. EQUITY TERM CIVIL ACTION - LAW AND EQUITY COMPLAINT AND NOW comes the Plaintiff, Eclipse, Ltd, by and through its attorney, Michael L. Bangs, Esquire, and states as follows: 1. Plaintiff, Eclipse, Ltd. (`Eclipse"), is a Pennsylvania corporation with its principal place of business at 101 South Third Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Defendant, Paula M. Moose ("Moose"), is an adult individual who resides at 2130 South Second Street, Steelton, Dauphin County, Pennsylvania, 17113 3. Eclipse is a full service salon which provides a full range of cosmetology services which includes but is not limited to hair styling; retail sales of skin care and hair care products, and makeup and makeup products. 4. Moose commenced working with Eclipse as a professional hair stylist. 5. As a condition and in consideration of her employment with Eclipse, Moose signed an Employment Agreement dated August 12, 2005. Attached hereto and marked as Exhibit A is a true and correct copy of the Employment Agreement. 1 6. In addition to the hiring of Moose under the Employment Agreement, Eclipse provided significant training to Moose to assist her in her professional development which, at a minimum, was comprised of 200 hours and further provided in-salon training thereafter. 7. The Employment Agreement also had a non-competition provision which specifically prohibits Moose from working in the business of cosmetology, retail sales of skin care and hair products or makeup, for a similar business or individual of Eclipse for a period of one year within a seven (7) mile radius of Eclipse. 8. Moose also agreed and understood that all client information obtained or acquired while she was employed by Eclipse was the property of Eclipse and she was prohibited from contacting any clients of Eclipse after her leaving employment. 9. Moose voluntarily left employment with Eclipse without notice on July 12, 2011. 10. Thereafter, F. Stephen VanVoorhees, the owner of Eclipse, became aware that Moose was contacting Eclipse's clients that she served while employed by Eclipse soliciting their business. 11. Mr. VanVoorhees also understood that Moose planned to work at Prevail Salon located at 1 Commercial Drive, Camp Hill, Pennsylvania, roughly two to three miles from Eclipse. 12. On or about July 21, 2011, Eclipse, through its attorney, Michael L. Bangs, sent a letter notifying Moose that her actions in contacting Eclipse's clients and working at Prevail Salon was in violation of the terms and conditions of her Employment Agreement. Attached hereto and marked as Exhibit B is a true and copy of the letter. 13. Moose had ignored this notification and is now working at Prevail Salon. 2 14, The non-competition provision of the Employment Agreement is important to Eclipse because the nature of the cosmetology salon business, most of its customers reside within a seven (7) mile radius of the salon. 15. Eclipse, as is the case with other salons, is dependent upon retaining those customers that it has developed over the years and that reside within seven (7) miles of the salon so as to maintain the integrity of the business itself. 16. Eclipse, in recognizing the importance of retaining its customers who are within a certain radius, expends a significant amount of funds in training its hair stylists, including Moose, so that they can provide premium services to Eclipse's customers. 17. At the time Moose left her employment, she was servicing approximately 160 of Eclipse's customers. 18. Since Moose has left her employment with Eclipse and started working at another salon which is less than seven miles away from Eclipse in violation of the Employment Agreement, none of the customers have rescheduled appointments with Eclipse. 19. The purpose of the non-competition provision of the Employment Agreement is to prevent specifically what is occurring in this case which is having employees trained by Eclipse and servicing clients of Eclipse then leaving and trying to take those clients with them. 20. Unless Moose is enjoined from violating the Employment Agreement, Eclipse will permanently lose all of these clients who were serviced by Moose while she was employed by Eclipse. 21. Eclipse will suffer irreparable injury and harm by the continued violation of the Employment Agreement by Moose if she is permitted to work as a hair stylist in a competing salon within seven miles of Eclipse in violation of the non-competition agreement that she signed. WHEREFORE, the Plaintiff requests the Court order and direct the following: A. Issue a preliminary and permanent injunction enjoining and restraining. Moose from engaging directly or indirectly in any business similar to the business of Eclipse, within seven (7) miles of Eclipse's principal place of business, 101 South Third Street, Lemoyne, Pennsylvania. B. Preliminary and permanently enjoin Moose from contacting any of Eclipse's clients. C. Order an accounting of any and all services provided by Moose to any of Eclipse's clients from and after the date that she left employment up to the date of the injunction. D. Such other relief as the Court deems proper. Respectfully submitted, MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 4 VERIFICATION F. STEPHEN VanVOORHEES, being duly sworn according to law, deposes and says that he is the President of Eclipse, Ltd., a Pennsylvania corporation, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ECLIPSE, LTD. BY: F. STEPH Van OORHEES President 5 EXHIBIT A EMPLOYMENT AGREEMENT THIS AGREEMENT, dated this 12th day of August 2003, between STEPHEN VANVOORHEES, trading as ECLIPSE (hereinafter called the Employer), and Paula Marie Shomper (hereinafter called the Employee). WITNESS SETH: WHEREAS, Employer desires to employ Employee to render services as a professional hair stylist and Employee desires to enter the employ of the Em- ployer on an exclusive basis; NOW THEREFORE, in consideration of the mutual promises contained herein and intending to be legally bound hereby, the parties hereto agree as follows: 2. 3. 4. :7. 8. 9. 10. Employment. The Employer hereby employs the Employee and the Employee accepts employment upon the terms and conditions hereinafter set forth. Term. Subject to provisions (or termination hereinafter provided, the term of this Employment Agreement shall begin on August 12th, 2005, and shall end on August 12th, 2006. This agreement shall automatically be renewed and extended for a like term and month to month thereafter with the same terms and conditions, until terminated by either party giving &,e other (2) weeks notice of termination. Compensation. Employer agrees to pay employee fo• all services rendered under this Agreement at the minimum rate of $8.00 per hour. With periodic raises, based on performance. (SEE LEVEL COMPENSATION) Duties. The Employee shall devote his or her professional time, attention and eaergies to the business of the Employer, and shall not during the term of this Agreement be engaged in any other professional activity of similar nature without the prior written consent It Ijtpisyer. It is understood and agreed that the primary duty of the Employee shall be cutting, styling, coloring, perming hair, and the sale of home hair care products. Nevertheless, Employee shall perform such additional duties as cleaning of his or her wo7i; area and shag perform such additional functions as may be from time to time prescribed by the Em- ployer's Employee Handbook, which is incorporated herein by reference thereto. Education. The Employer will provide a complete training course, (approximately 200 hours of instruction). Subject to the condition that if the Employee should leave the Employer less than one (1) year following the completion of any of the in-salon training program, the Employee will reimburse the Empioo at the rate of $2000. The expense incurred to the Employer for training is NOT to be prorated for any part of the two years spent after completion of the above course as an Employee. Noo-Competition. In the event Employee withdraws. resigns, or is terminated from his or her employment the employee covenants, promises and agrees to with Employer, as consideration for the entry into this Employment Agreement, that the Employee will not engage in any business or activity of cosmetology a retail sales of skin care or hair care products or make-up, for profit nor will he or she engage in the same or similar business, individually, as a member Oat partnership or an officer, director or stockholder of any corporation, for a period of one (1) year within a seven (T) mile radius of any office or place of ness of Employer, without the prior written consent of Employer. Termination. The Employee hereby agrees that the Employer may terminate this Agreement at any time, for just cause which includes any violation of the rules and regulations of the Employee Handbook. Ir: the event of extended disability by employee, terms and conditions of this contract can be renegotiate) Exclesio of Agreement. This Agreement constitutes the sole and complete agreement between the Employer and the Employee. No verbal or odor state- ments, inducements or representations have been made to or relied upon by the Employee and no modifications hereof shall be binding upon by the Employer unless in writing and signed by its authorized representative. Governing Law. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, administrators, successors, and assigns and shag be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. H any part of this Agreement is deemed unfair, excessive, or unenforceable it shall not cause any other part of this Agreement to be null and void. Parts deemed unfair should be adjusted by the Court to be fair and enforceable. I I. Client information. Upon liquidation of the corporation or upon the Employee's termination of his or her employment, all dient information (phone numbers, addresses, names, and technical information) shall remain with the Employer. Employee may not contact clients of ECLIPSE by phone or mail 12. 1 WITNESS WHEREOF, the parties hereto CM have hereunder set their bands and seals the day and year first above written intending to be legally bound hereby. EMPLOYER, EC PSE: E F. Stephen VanVoorhees WITNESS: Paula Marie Shomper ?Y 1 EXHIBIT B BANGS LAW OMCE 429 SOUTH 18TH STREET CAMP HILL, PA 17011 E-mail: mikebangs(averizon.net MICHAEL L. BANGS, Attorney-at-Law WENDY K. STRAUB, Paralegal July 21, 2011 Mrs. Paula M. Moose 2130 South 2°d Street Steelton, PA 17113 RE: Employment Agreement - Eclipse Dear Mrs. Moose: PHONE: 717-730-7310 FAX: 717-730-7374 WILLIAM E. MILLER, JR. Of Counsel Please be advised that I represent Eclipse, Ltd. I reviewed the facts and circumstances regarding your leaving of employment with Eclipse which occurred on Tuesday, July 12, 2011. Following the leaving of employment, I understand that you have now decided to work at the Prevail Salon located at 1 Commercial Drive, Camp Hill. In addition, you have contacted your various clients and advised them of your move and asked them to come to that location. As you are aware, you signed an Employment Agreement dated August 12, 2005, a copy of which I enclose. The Employment Agreement has specific provisions regarding your non-competition and prohibits you from competing with Eclipse with any other salon that is located within a seven mile radius of Eclipse. Your work with Prevail would be in violation of that provision. Additionally, you have taken confidential and proprietary information from Eclipse, specifically the various telephone numbers for the customers, which is prohibited as well. This is in direct violation of Paragraph 11 of the agreement. Please understand that Eclipse takes its contractual obligations with its employees seriously. We have successfully enforced the non-competition provisions of this agreement in the Court of Common Pleas of Cumberland County. If you do not cease and desist your conduct immediately and specifically refrain from working within a seven mile radius of Eclipse and cease contacting its customers, we will file an injunction against you immediately prohibiting you from this activity. We will seek to recover from you any and all appropriate damages including, but not limited to, counsel fees for enforcement of this agreement. Page 2 July 21, 2011 I have also sent the enclosed letter to your prospective employer advising her of this non- competition and this as well. If your employer employs you in violation of the agreement, we will seek any remedies available to us against that employer as well. Please be guided accordingly. Very truly yours, Michael L. Bangs wks Enclosures cc: Eclipse, Ltd. 3 MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ECLIPSE, LTD. ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. EQUITY TERM PAULA M. MOOSE, ) Defendant ) CIVIL ACTION - LAW AND EQUITY ORDER AND NOW, this _ day of , 2011, upon consideration of Plaintiff's Motion for Emergency Injuctive Relief pursuant to Pa. R.C. P. 115531, it is hereby directed that the parties appear on the day of - 2011, in Court Room No. 3 in the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania, at 1:3-6- o'clock P.M. BY THE COU J. C c? _f.r m b, z _ r rn C= rn Michael L. %D 69 l ©9 '?1r(? ?q. M. qo?se $IAll f D Q X. o ?S z Cl) a z? w CD o C") rn < 00 z SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?Q`,?pty ?t ?ui?6rrf??r0 d s: Ind c' l I SEP 26 PH c '} Richard W Stewart Solicitor OF''=.- E OF ' m :RIFF CUMBEKLAi"J I?GUk PENNSYLWA11.11A Eclipse, Ltd. I Case Number vs. 2011-6723 Paula M. Moose SHERIFF'S RETURN OF SERVICE 08/26/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Paula M. Moose, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 09/1312011 10:50 AM - Dauphin County Return: And now September 13, 2011 at 1050 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Paula M. Moose by making known unto herself personally, at 2130 S. Second Street, Steelton, Pennsylvania 17113 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 September 22, 2011 c GouniySutte ShenR_ Ieieosctt. Inc. SO ANSWERS, RON R ANDERSON, SHERIFF MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 ECLIPSE, LTD., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 11-6723 EQUITY TERM PAULA M. MOOSE, ) Defendant ) CIVIL ACTION - LAW AND EQUITY EMERGENCY INJUNCTIVE RELIEF REQUESTED ORDER 641-k 0 day of O&M " , 2011, in accordance with the AND NOW this attached Stipulation, it is ordered and directed as follows: 1. The Defendant Paula M. Moose is enjoined for a period of one (1) year starting on Thursday, September 8, 2011, from violating the provisions of the covenant not to compete under Paragraph 6 of her Employment Agreement entered into on August 12, 2005. 2. Defendant Paula M. Moose is prohibited from having any contact with clients of Plaintiff Eclipse, Ltd., either individually or directly or indirectly as a partner, shareholder, member, or employee of any company for a period of one (1) year from Thursday, September 8, 2011. 3. Defendant Paula M. Moose shall immediately return all of Eclipse, Ltd., client information retained by her individually or provided to Prevail Salon. Further she shall notify Prevail Salon that it is prohibited from contacting all clients of Eclipse, Ltd., listed on information provided by her. ', T',*VA1A SNN3d ti ,J , r 4 Y T T, EDWARD E. GUIDO, J. is ? 5`csc? p? A Cu re ? r t ? C kae L-- ""' nT' i MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 ECLIPSE, LTD., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 11-6723 EQUITY TERM PAULA M. MOOSE, ) Defendant ) CIVIL ACTION - LAW AND EQUITY EMERGENCY INJUNCTIVE RELIEF REQUESTED STIPULATION AND NOW comes the Plaintiff, Eclipse, Ltd., by and through its counsel Michael L. Bangs, Esquire, and the Defendant Paula M. Moose by and through her counsel Joseph Curcillo, III, Esquire, and enters into the following Stipulation: 1. The Defendant Paula M. Moose is enjoined for a period of one (1) year starting on Thursday, September 8, 2011, from violating the provisions of the covenant not to compete under Paragraph 6 of her Employment Agreement entered into on August 12, 2005. 2. Defendant Paula M. Moose is prohibited from having any contact with clients of Plaintiff Eclipse, Ltd., either directly or indirectly as a partner, shareholder, member, or employee of any company for a period of one (1) year from Thursday, September 8, 2011. 3. Defendant Paula M. Moose shall immediately return all of Eclipse, Ltd., client information retained by her individually or provided to Prevail Salon. Further she shall notify Prevail Salon that it is prohibited from contacting all clients of Eclipse, Ltd., listed on information provided by her. 4. The parties request that this Stipulation be trade an Order of Court. ECLIPSE, LTD. /Zt B_v: MICHAEL L. B11NG5, ES IRE F. ST P N anVOORHEES, President lU Trothonotag Office of fh~rl]r"t[Dy20fnry Cumberland County, Ten ~—'-o`—~Q nsylvania So ricitor �� � �� �J�57423 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH BY THE COURT, DAVID D. BUELL PROTHONOTARY