Loading...
HomeMy WebLinkAbout11-8428ANTHONY INSURANCE, INC. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA C-, VS. : -v3 ° A KRISTY L. STEINER NO. ! t - 84018 rn ro STEINER INSURANCE, LLC.,x C Defendants CIVIL ACTION - EQUITY -ca s? _° zo s Z 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 RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY BAR CENTER 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 By Q #4a. DO pa AIT-y c? t o/9(r a '7047 iivwcii l.aw rliiii 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 ANTHONY INSURANCE, INC. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. KRISTY L. STEINER, NO. STEINER INSURANCE, LLC., Defendants CIVIL ACTION - EQUITY COMPLAINT IN EQUITY 1. Plaintiff ANTHONY INSURANCE, INC. (hereinafter "Agency") is a Pennsylvania Corporation with its principal place of business located at 650 Wyndamere Road, Lewisberry, York County, Pennsylvania 17109. 2. Defendant KRISTY L. STEINER (hereinafter "Steiner") is an adult individual operating an insurance agency under the name "Steiner Insurance, LLC" at 3810 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant STEINER INSURANCE, LLC (hereinafter "Steiner Insurance") is a Pennsylvania Limited Liability Company with its principal place of business located at 3810 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 4. On September 27, 2010 Steiner executed an "Employee Confidentiality & Non-Piracy Agreement" with Agency. A true and correct copy is attached hereto as Exhibit "A". 5. The Agreement at Section V specifically states: Employee [Steiner] shall not, while the Agreement is in effect and for a period of two years followiniz the date of termination, directly or indirectly, either for Employee [Steiner] or on behalf of other persons [Steiner Insurance], 1) solicit in any manner any customer, account, prospective customer or prospective account of Agency, or 2) employ a person employed by Agency during Employee's term of employment or the period set forth in this Section, or operate, represent, or establish in any manner an insurance business with any such person, 3) directly or indirectly, in any way, request or advise any customer to withdraw, or cancel his or her, or any of their business with Agency, 4) disclose to any person, firm or corporation the name or address of any customer. [Emphasis added]. 6. The Agreement specifically provides for a minimum financial penalty payable by Steiner to Agency in the amount of Five Thousand and 00/100 ($5,000.00) Dollars for any violation of Section V of the Agreement. 7. The Agreement at Section VII further recognized that a monetary award was an insufficient remedy and provided that: Recognizing the irreparable nature of the injury that could be done by Employee's [Steiner's] violations of this Agreement and that monetary damages would not be fully adequate compensation to Agency, it is agreed that any violation of this agreement by Employee [Steiner] should be the proper subject for injunctive relief, specific performance and other equitable relief to Agency. On March 31, 2011 Steiner tendered her letter of resignation. A true and correct copy is attached hereto as Exhibit "B". 9. Prior to Steiner's employment with the Agency, the Agency employed Patricia A. Thompson for eight (8) years. 10. Prior to Steiner's employment with the Agency, the Agency expended substantial time, effort and financial resources to train, develop and employ Thompson. 11. On May 20, 2011- approximately fifty (50) days after resigning from the Agency - Steiner filed with the Pennsylvania Department of State to create an entity named "Steiner Insurance, LLC" a Limited Liability Company. A true and correct copy of the Department of State's Business Entity Filing History is attached hereto as Exhibit "C". 12. On August 10, 2011 Patricia A. Thompson tendered her letter of resignation. A true and correct copy is attached hereto as Exhibit "D". 13. Thompson's letter stated: Thank you for the 8 years I have had with Anthony Insurance. I was able to learn a lot of in and outs in insurance and have become very knowledgeable with the coverages that will best serve the insured. An opportunity has come my way that will allow me to advance in both my professional career and financially for my family. Again, thank you for all the ways you have supported me in my 8 years of employment. 14. The "opportunity [that] has come [Thompson's] way" was full time employment with Steiner and Steiner Insurance. 15. Since at least October 20, 2011 Thompson has been employed by Steiner and Steiner Insurance, LLC as a CISR. 16. Since at least October 20, 2011 Thompson has been a licensed producer for a multitude of Allstate companies including Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company and Allstate Insurance Company. 17. Since at least October 20, 2011 Thompson has been handing out business cards indicating that she is the "Agency Manager" for Steiner Insurance, LLC. 18. Steiner, Steiner Insurance and Thompson are engaged in an insurance business which employs a former employee of the Agency. 19. Steiner's actions are deliberate, willful and calculated to appropriate an employee from the Agency to service a competing insurance business. 20. Steiner controls Steiner Insurance so its actions in appropriating an employ from the Agency are also deliberate and willful. 21. Steiner and Steiner Insurance have unclean hands. 22. Steiner is precluded from employing Thompson at Steiner Insurance. 23. Steiner Insurance as an entity controlled by Steiner is precluded from employing Thompson. 24. Thompson's knowledge of the Agency's customers, its procedures, billing practices, rate schedules, renewal dates and the like is a key advantage to Steiner and Steiner Insurance. 25. Thompson left the Agency taking with her various manuals on procedures and office policies which can offer a key advantage to Steiner and Steiner Insurance. 26. The loss of this knowledge and employment of a former employee of the Agency cannot be adequately compensated by monetary damages because it involves the loss of professional and proprietary information. WHEREFORE, Plaintiff respectfully requests the following equitable relief: A. Enjoin Defendant Steiner from employing Thompson; B. Enjoin. Defendant Steiner Agency from employing Thompson; C. Return all policies and procedures manuals in Thompson's possession which are located at the Defendants' place of business or any other location under their care, custody and control; D. Such other action as the Court deems appropriate, equitable or necessary to protect the interests of the Plaintiff Anthony Insurance Inc. Respectfully submitted, By: Kwell Law Firm V 619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 (717) 770-1277 Voice Plaintiff's Counsel Date: November 4, 2011. VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. BY: R. Kent Anthony Date: 11/y/// \ BY: P. . R. Kent Anthony President Anthony Insurance I rc Date: EMPLOYEE CONFIDENTIALITY & NON-PIRACY AGREEMENT I. Purpose: This Agreement made on this 27th day of September 2010, by and between Anthony Insurance, Inc. (hereinafter referred to as "Agency"), an insurance agency organized under the laws of Pennsylvania and having a principal place of business at 650 Wyndamere Road, Lewisberry, PA 17339 and Kristy Steiner (hereinafter referred to as "Employee") of 125 Stonebridge Rd, Dillsburg, PA 17019. II. Ownership of Business: It is hereby expressly agreed between Agency and Employee that all business sold, negotiated, solicited, effected, or renewed by Employee on behalf of Agency is the sole property of the Agency and that Employee will have no interest in information related to such business, including but not limited to, the names of customers, renewal or expiration dates of policies, amounts of coverage for particular customers, premium amounts and phone numbers of customers. III. Compensation: As full compensation for the production of insurance business hereunder and for all services of every nature rendered and to be rendered by Employee in connection with her employment, Agency agrees to compensate Employee a set salary, payable biweekly by the Agency in the amount of $29,000 subject to increases and bonuses based on performance. IV. Confidential Information: a. Confidential Information-Agency and Employee agree that certain information, including, but not limited to, all information regarding customer accounts and all information used for the marketing or selling of Agency's products and services, constitute a valuable business asset of Agency. For the purposes of this Agreement such information is deemed "Confidential Information". Confidential Information shall also include, but not be limited to, intellectual property, systems, procedures, manuals, pricing information, financial information, business plans, prospects or opportunities for Agency. Confidential Information shall not include information that is (1) already public domain, (2) already known to, or independently developed by Employee prior to Effective Date, or (3) information, other than the Confidential Information set forth in this Section, received by Employee from a third party free to disclose it. Agency and Employee agree that Employee will not at any time, except in the performance of her obligations to Agency or at Agency's written request, either directly or indirectly, disclose any Confidential Information about Agency acquired by Employee. Without limitation of any other remedies available to Agency, Employee acknowledges that a breach of any covenant in this Section may result in immediate material and irreparable injury to Agency or its subsidiaries for which there is no adequate remedy at law, and that Agency shall be entitled to obtain injunctive relief or such other relief as may be required. The provisions of this Section shall survive the Agreement. V. Non-Piracy Agreement: a. Non-Piracy Agreement Employee and Agency agree that Agency possesses valuable business assets which are available to Employee during Employee's employment, including but not limited to, relationships with customers, prospective customers, insurers and other persons, all of which have been developed at Agency's expense. Page 1 of 2 Employee and Agency agree that the provisions of this Non-Piracy Agreement do not violate public policy, are reasonable in seeking to protect Agency's property interests, and that violation of these provisions could cause immediate and irreparable harm to Agency. Employee and Agency further agree that, in addition to any remedies available by law, Agency may seek injunctive relief to enforce the provisions of this Non-Piracy Agreement. Employee shall not, while the Agreement is in effect and for a period of two years following the date of termination, directly or indirectly, either for Employee or on behalf of other persons, 1) solicit in any manner any customer, account, prospective customer or prospective account of Agency, or 2) employ a person who is employed by Agency during Employee's term of employment or the period set forth in this Section, or operate, represent, or establish in any manner an insurance business with any such person, 3) directly or indirectly, in any way, request or advise any customer to withdraw, or cancel his or her, or any of their business with Agency, 4) disclose to any person, firm or corporation the name or address of any customer. If any court of competent jurisdiction shall refuse to enforce any provision of this Non-Piracy Agreement, Employee and Agency agree that such provision shall be severed from the Agreement and that all remaining provisions shall be deemed valid and enforceable against both Employee and Agency, it being the express intent of the parties to be bound by this Agreement to the maximum extent allowed by law. The provisions of this Section shall survive the Agreement. VI. Violation of Restrictive Covenant: A violation of Section V Confidential Information and Non- Piracy Covenant of this Agreement shall result in a penalty to Employee payable to Agency. The penalty will include but are not limited to: the combined sum of the revenue value of the lost accounts, the asset value decline to the Agency, and the value of the expected referral accounts; the penalty shall not be less than $5,000. Recognizing the irreparable nature of the injury that could be done by Employee's violations of this Agreement and that monetary damages would not be fully adequate compensation to Agency, it is agreed that any violation of this agreement by Employee should be the proper subject for injunctive relief, specific performance and other equitable relief to Agency. VII. Modification of Agreement: This Agreement may not be revised except by mutual written agreement between the parties. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused this Agreement to be executed by the undersigned, as of the day and year first above written. Employee: Kristy Steiner Agency: Anthony Insurance, Inc. "/ R. Kent Anthony, President Page 2 of 2 Kristy Steiner 125 Stonebridge Dr Dillsburg PA 17019 717-586-3068 klsteiner05@ yahoo. com 3-30-2011 Kent Anthony Anthony Insurance Inc Dear Kent, Please accept this as formal notice of my resignation from the position of CSR, effective today. My last working day will be March 31 2011. After much consideration I have decided to accept another job offer. I feel it is time for a new challenge and this is a good opportunity to further my career goals. Working for this company has been a wonderful experience. I feel privileged to have been part of such a professional team and will miss all my colleagues. I appreciate both the professional and personal growth opportunities that have been provided to me during my time with the company. I would like to thank you in particular for all your advice and support. I hope that we will stay in touch as 1 begin this new chapter in my career. I wish you and Anthony Insurance Inc. continued success in the future. Sin ere Kris Steiner Business Entity Page 1 of 1 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Business Entity Filing History Date: 11/3/2011 (Select the link above to view the Business Entity's Filing History) Business Name History Name Name Type Steiner Insurance, LLC Current Name Limited Liability Company - Domestic - Information Entity Number: 4033043 Status: Active Entity Creation Date: 5/20/2011 State of Business.: PA Registered Office Address: 3810 Market Street Camp Hill PA 17011 Cumberland Mailing Address: No Address U Q, Home Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement https://www.corporations.state.pa.us/corp/soskb/Corp.asp?2956044 11/3/2011 August 10, 2011 Kent, This will serve as my 2 week notice. Thank you for the 8 years I have had with Anthony Insurance. I was able to learn a lot of in and outs in insurance and I have become very knowledgeable with the coverages that will best serve the"insured. An opportunity has come my way that will allow me to advance in both my professional career and financially for my family. Again thank you for all the ways you have supported me in my 8 years of employment. Sincerely, 4k Mff)A? Pat Thompson ANTHONY INSURANCE, INC. IN THE COURT OF COMMON PLEA S C) Plaintiff OF CUMBERLAND COUNTY, , ,.? C" -n PENNSYLVANIA _0:X - ---I vs. X= < -0 m KRISTY L. STEINER, NO. r= CO C) ° STEINER INSURANCE, LLC., v? ? X_ Defendants CIVIL ACTION - EQUITY A ° T' -c CO PETITION FOR PRELIMINARY INJUNCTION FOR VIOLATING EMPLOYEE CONFIDENTIALIT Y & NON-PIRACY AGREEMENT 1. Plaintiff ANTHONY INSURANCE, INC. (hereinafter "Agency") is a Pennsylvania Corporation with its principal place of business located at 650 Wyndamere Road, Lewisberry, York County, Pennsylvania 17109. 2. Defendant KRISTY L. STEINER (hereinafter "Steiner") is an adult individual operating an insurance agency under the name "Steiner Insurance, LLC" at 3810 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant STEINER INSURANCE, LLC (hereinafter "Steiner Insurance") is a Pennsylvania Limited Liability Company with its principal place of business located at 3810 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 4. On September 27, 2010 Steiner executed an "Employee Confidentiality & Non-Piracy Agreement" with Agency. A true and correct copy is attached hereto as Exhibit "A". 5. The Agreement at Section V specifically states: Employee [Steiner] shall not, while the Agreement is in effect and for a period of two years following the date of termination, directly or indirectly, either for Employee [Steiner] or on behalf of other persons [Steiner Insurance], 1) solicit in any manner any customer, account, prospective customer or prospective account of Agency, or 2) employ a person employed by Agency during Employee's term of employment or the period set forth in this Section, or operate, represent, or establish in anv manner an insurance business with any such person, 3) directly or indirectly, in any way, request or advise any customer to withdraw, or cancel his or her, or any of their business with Agency, 4) disclose to any person, firm or corporation the name or address of any customer. [Emphasis added]. 6. The Agreement specifically provides for a minimum financial penalty payable by Steiner to Agency in the amount of Five Thousand and 00/100 ($5,000.00) Dollars for any violation of Section V of the Agreement. 7. The Agreement at Section VII further recognized that a monetary award was an insufficient remedy and provided that: Recognizing the irreparable nature of the injury that could be done by Employee's [Steiner's] violations of this Agreement and that monetary damages would not be fully adequate compensation to Agency, it is agreed that any violation of this agreement by Employee [Steiner] should be the proper subject for injunctive relief, specific performance and other equitable relief to Agency. 8. On March 31, 2011 Steiner tendered her letter of resignation. A true and correct copy is attached hereto as Exhibit "B". 9. Prior to Steiner's employment with the Agency, the Agency employed Patricia A. Thompson for eight (8) years. 10. Prior to Steiner's employment with the Agency, the Agency expended substantial time, effort and financial resources to train, develop and employ Thompson. 11. On May 20, 2011- approximately fifty (50) days after resigning from the Agency - Steiner filed with the Pennsylvania Department of State to create an entity named "Steiner Insurance, LLC" a Limited Liability Company. A true and correct copy of the Department of State's Business Entity Filing History is attached hereto as Exhibit "C". 12. On August 10, 2011 Patricia A. Thompson tendered her letter of resignation. A true and correct copy is attached hereto as Exhibit "D". 13. Thompson's letter stated: Thank you for the 8 years I have had with Anthony Insurance. I was able to learn a lot of in and outs in insurance and have become very knowledgeable with the coverages that will best serve the insured. An opportunity has come my way that will allow me to advance in both my professional career and financially for my family. Again, thank you for all the ways you have supported me in my 8 years of employment. 14. The "opportunity [that] has come [Thompson's] way" was full time employment with Steiner and Steiner Insurance. 15. Since at least October 20, 2011 Thompson has been employed by Steiner and Steiner Insurance, LLC as a CISR. 16. Since at least October 20, 2011 Thompson has been a licensed producer for a multitude of Allstate companies including Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company and Allstate Insurance Company. 17. Since at least October 20, 2011 Thompson has been handing out business cards indicating that she is the "Agency Manager" for Steiner Insurance, LLC. 18. Steiner, Steiner Insurance and Thompson are engaged in an insurance business which employs a former employee of the Agency. 19. Steiner's actions are deliberate, willful and calculated to appropriate an employee from the Agency to service a competing insurance business. 20. Steiner controls Steiner Insurance so its actions in appropriating an employ from the Agency are also deliberate and willful. 21. Steiner and Steiner Insurance have unclean hands. 22. Steiner is precluded from employing Thompson at Steiner Insurance. 23. Steiner Insurance as an entity controlled by Steiner is precluded from employing Thompson. 24. Thompson's knowledge of the Agency's customers, its procedures, billing practices, rate schedules, renewal dates and the like is a key advantage to Steiner and Steiner Insurance. 25. Thompson left the Agency taking with her various manuals on procedures and office policies which can offer a key advantage to Steiner and Steiner Insurance. 26. The loss of this knowledge and employment of a former employee of the Agency cannot be adequately compensated by monetary damages because it involves the loss of professional and proprietary information. WHEREFORE, Plaintiff respectfully requests the following equitable relief: A. Enjoin. Defendant Steiner from employing Thompson; B. Enjoin Defendant Steiner Agency from employing Thompson; C. Return all policies and procedures manuals in Thompson's possession which are located at the Defendants' place of business or any other location under their care, custody and control; D. Enjoin Defendants from engaging in any of the conduct prohibited by the Employee Confidentiality & Non-Piracy Agreement; and E. Such other action as the Court deems appropriate, equitable or necessary to protect the interests of the Plaintiff Anthony Insurance Inc. Respectfully submitted, By: ,Howell Law Fif m 619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 (717) 770-1277 Voice Plaintiff's Counsel Date: November 4, 201 l VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. BY: R. Kent Anthony Date: 11/(0( BY: P )? i R. Kent Anthony President Anthony Insurance In Date: ) q11 EMPLOYEE CONFIDENTIALITY & NON-PIRACY AGREEMENT 1. Purpose: This Agreement made on this 27th day of September 2010, by and between Anthony Insurance, Inc. (hereinafter referred to as "Agency"), an insurance agency organized under the laws of Pennsylvania and having a principal place of business at 650 Wyndamere Road, Lewisberry, PA 17339 and Kristy Steiner (hereinafter referred to as "Employee") of 125 Stonebridge Rd, Dillsburg, PA 17019. II. Ownership of Business: It is hereby expressly agreed between Agency and Employee that all business sold, negotiated, solicited, effected, or renewed by Employee on behalf of Agency is the sole property of the Agency and that Employee will have no interest in information related to such business, including but not limited to, the names of customers, renewal or expiration dates of policies, amounts of coverage for particular customers, premium amounts and phone numbers of customers. III. Compensation: As full compensation for the production of insurance business hereunder and for all services of every nature rendered and to be rendered by Employee in connection with her employment, Agency agrees to compensate Employee a set salary, payable biweekly by the Agency in the amount of $29,000 subject to increases and bonuses based on performance. IV. Confidential Information: a. Confidential Information-Agency and Employee agree that certain information, including, but not limited to, all information regarding customer accounts and all information used for the marketing or selling of Agency's products and services, constitute a valuable business asset of Agency. For the purposes of this Agreement such information is deemed "Confidential Information". Confidential Information shall also include, but not be limited to, intellectual property, systems, procedures, manuals, pricing information, financial information, business plans, prospects or opportunities for Agency. Confidential Information shall not include information that is (1) already public domain, (2) already known to, or independently developed by Employee prior to Effective Date, or (3) information, other than the Confidential Information set forth in this Section, received by Employee from a third party free to disclose it. Agency and Employee agree that Employee will not at any time, except in the performance of her obligations to Agency or at Agency's written request, either directly or indirectly, disclose any Confidential Information about Agency acquired by Employee. Without limitation of any other remedies available to Agency, Employee acknowledges that a breach of any covenant in this Section may result in immediate material and irreparable injury to Agency or its subsidiaries for which there is no adequate remedy at law, and that Agency shall be entitled to obtain injunctive relief or such other relief as may be required. The provisions of this Section shall survive the Agreement. V. Non-Piracy Agreement: a. Non-Piracy Agreement-Employee and Agency agree that Agency possesses valuable business assets which are available to Employee during Employee's employment, including but not limited to, relationships with customers, prospective customers, insurers and other persons, all of which have been developed at Agency's expense. Page 1 of 2 Employee and Agency agree that the provisions of this Non-Piracy Agreement do not violate public policy, are reasonable in seeking to protect Agency's property interests, and that violation of these provisions could cause immediate and irreparable harm to Agency. Employee and Agency further agree that, in addition to any remedies available by law, Agency may seek injunctive relief to enforce the provisions of this Non-Piracy Agreement. Employee shall not, while the Agreement is in effect and for a period of two years following the date of termination, directly or indirectly, either for Employee or on behalf of other persons, 1) solicit in any manner any customer, account, prospective customer or prospective account of Agency, or 2) employ a person who is employed by Agency during Employee's term of employment or the period set forth in this Section, or operate, represent, or establish in any manner an insurance business with any such person, 3) directly or indirectly, in any way, request or advise any customer to withdraw, or cancel his or her, or any of their business with Agency, 4) disclose to any person, firm or corporation the name or address of any customer. If any court of competent jurisdiction shall refuse to enforce any provision of this Non-Piracy Agreement, Employee and Agency agree that such provision shall be severed from the Agreement and that all remaining provisions shall be deemed valid and enforceable against both Employee and Agency, it being the express intent of the parties to be bound by this Agreement to the maximum extent allowed by law. The provisions of this Section shall survive the Agreement. VI. Violation of Restrictive Covenant: A violation of Section V Confidential Information and Non- Piracy Covenant of this Agreement shall result in a penalty to Employee payable to Agency. The penalty will include but are not limited to: the combined sum of the revenue value of the lost accounts, the asset value decline to the Agency, and the value of the expected referral accounts; the penalty shall not be less than $5,000. Recognizing the irreparable nature of the injury that could be done by Employee's violations of this Agreement and that monetary damages would not be fully adequate compensation to Agency, it is agreed that any violation of this agreement by Employee should be the proper subject for injunctive relief, specific performance and other equitable relief to Agency. VII. Modification of Agreement: This Agreement may not be revised except by mutual written agreement between the parties. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused this Agreement to be executed by the undersigned, as of the day and year first above written. Employee: Kristy Steiner Agency: Anthony Insurance, Inc. R. Kent Anthony, President Page 2 of 2 Kristy Steiner 125 Stonebridge Dr Dillsburg PA 17019 717-586-3068 klsteiner05@yahoo.com 3-30-2011 Kent Anthony Anthony Insurance Inc Dear Kent, Please accept this as formal notice of my resignation from the position of CSR, effective today. My last working day will be March 31 2011. After much consideration I have decided to accept another job offer. 1 feel it is time for a new challenge and this is a good opportunity to further my career goals. Working for this company has been a wonderful experience. I feel privileged to have been part of such a professional team and will miss all my colleagues. I appreciate both the professional and personal growth opportunities that have been provided to me during my time with the company. I would like to thank you in particular for all your advice and support. I hope that we will stay in touch as 1 begin this new chapter in my career. 1 wish you and Anthony Insurance Inc. continued success in the future. Sin ere Kris Steiner g g Business Entity Page 1 of 1 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Business Entity Filing Date: 11/3/2011 History (Select the link above to view the Business Entity's Filing History) Business Name History Name Name Type Steiner Insurance, LLC Current Name Limited Liability Company - Domestic - Information Entity Number: 4033043 Status: Active Entity Creation Date: 5/20/2011 State of Business.: PA Registered Office Address: 3810 Market Street Camp Hill PA 17011 Cumberland Mailing Address: No Address U Q Homo Copyright 0 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement lhttne•//unxnxr -^rnnrnt;nne etatw r%a pie/nnrn/enolrh/(`nrn aor97044AAA 1 1 /12 /'1n1 1 August 10, 2011 Kent, This will serve as my 2 week notice. Thank you for the 8 years I have had with Anthony Insurance. I was able to learn a lot of in and outs in insurance and I have become very knowledgeable with the coverages that will best serve the'insured. An opportunity has come my way that will allow me to advance in both my professional career and financially for my family. Again thank you for all the ways you have supported me in my 8 years of employment. Sincerely, -17 Pat Thompson s SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriffs ?? t19 J{L7(IIl?ff h-0 4?1?F, i: Jody S Smith 'RCM10 J 1j' ,. Chief Deputy Richard W Stewart I NOV 28 ?41 Solicitor CUMBERLAND GOUS" PENNSYLVANIA Anthony Insurance, Inc. Case Number vs. Steiner Insurance, LLC (et al.) 2011-8428 SHERIFF'S RETURN OF SERVICE 11/16/2011 01:03 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2011 at 1303 hours, she served a true copy of the within Complaint in Equity, Petition for Preliminary Injunction and Defendant's Request for Production of Documents First Set, upon the within named defendant, to wit: Steiner Insurance, LLC, by making known unto Kristy Steiner, Owner of Steiner Insurance, LLC at 3810 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. MICHELLE GUTSHALL, DEPUTY 11/16/2011 01:03 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2011 at 1303 hours, she served a true copy of the within Complaint in Equity, Petition for Preliminary Injunction and Defendant's Request for Production of Documents First Set, upon the within named defendant, to wit: Kristy L. Steiner, by making known unto herself personally, at 3810 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $59.44 November 17, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (4i ;?ountl SUih S"E:rdfi. Tf;?eUS'ot'i. InC. ANTHONY INSURANCE, INC Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. KRISTY L. STEINER, STEINER. INSURANCE, LLC., Defendants NO. 2011 - 8428 CIVIL ACTION - EQUITY REPLY TO NEW MATTER RAISED IN ANSWER TO COMPLAINT IN EQUITY c -V3: rnC3 =M .c© z N C.3 c+ rn C-J N •J -v rv ca 27. DENIED AS STATED. The complete job title for Patricia Thompson was Customer Service Agent as well as a certified insurance service representative. 28. DENIED AS STATED. Patricia Thompson's duties were not limited to these functions and included those duties outlined on Exhibit "A". In addition, the allegations set forth in the Affidavit of Kristy Steiner at ¶3 and ¶4 and those set forth in the Affidavit of Patricia Thompson at ¶4, ¶5 and ¶6 are false. 29. DENIED. Patricia Thompson started with the Plaintiff as a "customer service representative" in 2003. In 2005 she was promoted to "customer service agent" and in 2005 she also became a certified insurance service representative. Plaintiff has invested heavily in the professional development of Patricia A. Thompson as shown Exhibit "B" (listing of the professional seminars she has attended between 2003 and 2011 at Plaintiff's expense). In fact, this is the best proof that Patricia Thompson's sworn Affidavit claiming Plaintiff "refused to train or develop me and restricted my duties to that of a clerical receptionist" is quite simply a fabrication. Patricia A. Thompson was a licensed agent for the nineteen (19) companies set forth in Exhibit "C" at the time she resigned from Plaintiff s employment to work for the Defendants 30. ADMITTED. 31. DENIED AS STATED. The complete job title for Kristy Steiner was Customer Service Agent trainee. 32. DENIED. Kristy Steiner's duties as a trainee were not limited to these functions and included those duties outlined on Exhibit "D". 33. DENIED. Kristy Steiner lacks any real foundation in the insurance business since her total work experience in the industry is from September 27, 2010 (employment date) to March 31, 2011 (resignation). Kristy Steiner's level of knowledge is far less than Patricia Thompson who worked in the industry from 2003 to her resignation on August 10, 2011 when she left to work for the Cl TJ -4 M -urn o-? c? C*'I Defendants. It is ridiculous to assert that Kristy Steiner with 132 possible days on the job (9/27/10- 3/31A 1) "had access to all the same information" that Patricia Thompson accumulated over eight (8) years on the job. In fact, as shown on Exhibit "B" Plaintiff invested thousands of dollars and no less than fifteen (15) professional seminars not to mention his own individualized training to provide Patricia Thompson with a wealth of knowledge in the industry. It is this wealth of knowledge that Kristy Steiner lacks and it is the primary reason why Kristy Steiner "poached" Patricia Thompson and violated the clear and explicit terms of the Employee Confidentiality and Non-Piracy Agreement. By way of further explanation, Kristy Steiner did not even work the full 132 days but took off 17 '/z days (leave/absent for 13.25% of her total work experience with Plaintiff) so she has 114 '/2 work days of experience in the insurance industry prior to poaching Patricia Thompson and her eight years of experience. 34. DENIED. Kristy Steiner lacks any real grasp of the industry and needs the knowledge accumulated by Patricia Thompson over eight (8) years in order to operate the Allstate Agency. It was for this very reason that Plaintiff insisted that an employee could not "poach" other employees following a resignation. 35. DENIED AS STATED. It is believed that at least two recent cancellations including that of Sarah Dickerson and Patricia and Randy Thompson were written through the Defendants' Allstate Agency although this is not yet certain. 36. DENIED AS STATED. Plaintiff is not required to allege such harm but there are potentially two instances of such client poaching. If Defendants' counsel carefully read the Employee Confidentiality and Non-Piracy Agreement he would see that the Defendants were precluded from ever offering any employment to Plaintiff's employees for a period of two (2) years. 37. DENIED AS STATED. As stated previously, Kristy Steiner's knowledge of the insurance industry is minimal which is why she is entirely dependent upon the eight (8) years of experience which Patricia Thompson brings to the business. Kristy Steiner is taking advantage of the extensive training costing thousands of dollars provided by Plaintiff to Patricia Thompson as outlined on Exhibit "B" (listing of professional training provided to Patricia Thompson between 9/23/2003 and 4/19/11). 38. DENIED AS STATED. As stated previously, Kristy Steiner's knowledge of the insurance industry is minimal which is why she is entirely dependent upon the eight (8) years of experience which Patricia Thompson brings to the business. Kristy Steiner is taking advantage of the extensive training costing thousands of dollars provided by Plaintiff to Patricia Thompson as outlined on Exhibit "B" (listing of professional training provided to Patricia Thompson between 9/23/2003 and 4/19/11). 39. DENIED AS A CONCLUSION OF LAW. No response is necessary. If a response is necessary Plaintiff's likelihood of success is high, it is irreparably harmed by the breach, there are no monetary damages to compensate for the harm and there is no public interest at stake as Patricia Thompson knew from at least one prior employee resignation that she could not undertake employment with a former employee. 40. DENIED AS A CONCLUSION OF LAW. No response is necessary. If a response is necessary Plaintiff's likelihood of success is high, it is irreparably harmed by the breach, there are no monetary damages to compensate for the harm and there is no public interest at stake as Patricia Thompson knew from at least one prior employee resignation that she could not undertake employment with a former employee. 41. DENIED. Patricia Thompson and Kristy Steiner knew prior to engaging in their plan that the Employee Confidentiality and Non-Piracy Agreement precluded the "poaching" of current employees and Patricia Thompson is free to work anywhere she likes except not for the Defendants. 42. DENIED. The agreement speaks for itself. 43. DENIED AS A CONCLUSION OF LAW. If a response were required Courts are reluctant absent compelling circumstances to ever rewrite any contract. In this case Plaintiff has a legitimate interest in preventing short term employees from poaching experienced employees to operate a competing insurance agency. 44. ADMITTED. 45. DENIED AS STATED. The exact number of agents in the area is not the issue. Rather, it is the fact that Defendants illegally poached a highly skilled employee that Plaintiff employed for eight years and spent thousands of dollars to train because the Defendants lacked the necessary insurance background to open an agency having less than 115 days of experience in the industry. It should be noted that on December 4, 2011 Defendants claimed at Paragraph 48 of a Reply to New Matter that there were 513 competing agents and now they claim 375 agents within the same ten mile distance between the parties. 46. ADMITTED. 47. DENIED AS STATED. The exact number of agents in the area is not the issue. Rather, it is the fact that Defendants illegally poached a highly skilled employee that Plaintiff employed for eight years and spent thousands of dollars to train because the Defendants lacked the necessary insurance background to open an agency having less than 115 days of experience in the industry. 48. DENIED AS STATED. The exact number of agents in the area is not the issue. Rather, it is the fact that Defendants illegally poached a highly skilled employee that Plaintiff employed for eight years and spent thousands of dollars to train because the Defendants lacked the necessary insurance background to open an agency having less than 115 days of experience in the industry. 49. DENIED AS A CONCLUSION OF LAW. The geographic limitation and exact number of agents in the area is not the issue. Rather, it is the fact that Defendants illegally poached a highly skilled employee that Plaintiff employed for eight years and spent thousands of dollars to train because the Defendants lacked the necessary insurance background to open an agency having less than 115 days of experience in the industry. Respectfully submitted, By: _ Steve ow 1, Esq H ell Law Firm '619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 (717) 770-1277 Voice Plaintiff's Counsel TIT Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. Suite 100 5006 East Trindle Road Mechanicsburg, PA 17050 By: en Ho ell, E quire Date: December 27, 2011 12/26/2011 11:12 7177701278 HOWELL LAW FIRM PAGE 03113 VERIFICATION I/we verify that the statements made in the foregoing document are trace and correct. I/we understand that false statements herein are made subject to the penalties of 8 Pa. C.S,A. Section 4904 relating to unsworn falsifleation to authorities. BY: R. Dent Anthony Date: 12-/L7/ I I BY: R, Kent Anthony President, Anthony Insurance Inc. Date: 124-1-71 11 Anthony Insurance, Inc. Job Duties of Customer Service Agent Patricia Thompson • Answer incoming telephone calls o Handle calls as necessary o Take messages for other Agents o Document conversations in Insured's file • Assist customers with payments and detailed billing information for multiple insurance carriers in office or over the phone • Discuss and complete forms necessary to establish Electronic Fund withdraw from customer's bank accounts Prepare and mail professional correspondence to customers and carriers • Maintain Public Notary Commission and Provide Notary services to Agency's customers • Ask questions of potential customers to complete Quote forms • Preliminary set-up of quote information into the carrier's software program • Assist Producers in preparing packets and files for new customers • Review existing accounts for cross selling opportunities • Assisted in training new employees • Issue Financial Responsibility Cards for Personal Auto, Commercial Auto, Miscellaneous Vehicles as well as Canadian Identification Cards • Gather claim information from Insureds o Provide professional coverage advice o Submit claim information to Insurance Company o Guide Insured through claim process o Solve problems that may arise during claim process o Refer to Underwriting Requirements to determine if action must be taken o Closely review possible premium impact of submitted claims • Personal Auto Changes o Gather information from insureds o Provide detailed, professional coverage reviews o quote premium changes o Enter changes into computer program and submit to the insurance carrier o Review possible impact on other policies (ex. Umbrella) • Youthful Driver Changes/Additions o Gather information from insureds o Provide detailed, professional coverage reviews o Quote premium changes o Review possible impact on other policies (ex. Umbrella) o Enter changes into computer program and submit to the insurance carrier o Analyze multiple discounts, apply company rules and determine if discounts or surcharges apply $ EXHIBIT 0 Z m • Commercial Auto Changes o Gather information from insureds o Provide detailed, professional coverage reviews o Enter changes into computer program and submit to the insurance carrier • Address Changes o Gather information from insureds o Provide detailed, professional coverage reviews o Analyze the impact on existing policies o Quote premium changes o Enter changes into computer program and submit to the insurance carrier • Miscellaneous Vehicles o Gather information from insureds o Provide detailed, professional coverage reviews o Quote premium changes o Review possible impact on other policies (ex. Umbrella) o Enter changes into computer program and submit to the insurance carrier • Homeowners o Answer Customer's coverage questions o Provide professional coverage reviews regarding limits, deductibles, and all aspects of policy o Ask Insured questions regarding improvements to home to determine appropriate coverage limits o Enter changes into computer program and submit to the insurance carrier • Inland Marine o Discuss items to be insured o Provide Coverage Explanation o Acquire documentation needed-appraisals, receipts o Complete Application for Coverage and submit to carrier • Issue Verification of Coverage for Mortgagees, Uenholders, and Loss Payees while complying with Privacy requirements • Issue Certificates of insurance for Commercial Policies • Issue Evidence of Insurance to Mortgagees for Condominium Associations • Advise Commercial Customers the steps to submit Workers Compensation Claims • Gather information and assist insured with marriage, divorce, death, new drivers • Incoming Mail o Date Stamp all incoming mail assigned o Match mail to customer file o t=ile mail inappropriate location in customer file o Review mail to check for errors made by issuing Insurance Company or by Agent o Review questionnaires completed by insured for coverage changes 0 Analyze renewal policies and contact insured if coverage changes are needed • Complete necessary Company Forms for Coverage Changes Request and maintain signed forms to comply with Pennsylvania Uninsured and Underinsured Motorist Coverages • Provide support and assist other agents • Mail Greeting Cards to Customers as needed • Order supplies through Insurance Companies • Maintain Agency Backup Device • Maintain a diary system to follow-up on required policy information • Carefully review and purge active files and inactive files • At Agency's expense maintain current Pennsylvania Property and Casualty Ucense and Certified Insurance Services Representative Designation through Continuing Education 9 Other Duties as Assigned C ?N 1 r 1 V? ? N c ? r• w 1. w S Ila $ o w w y9 , va T"O.) j w 6A 100 1 ?' ? ? C p? ? ? aq Vs a t O N r r ? ???, ? { ? ? N N N? N N N ? '} I r w ? co r3 ? ? O j o c ?`? 1 w no N N ?Nl ?? N N N A+ N ? N N ?..? i N O I. ?. + ! ?^ 0 1 N S N ?, 4 0 8 b 'GO 466 I ? I A 46n $ o I, Es, ? C O Ll _-- a ? p c7:1 Erie Insurance Name: Thompson,Pat AA7637 Location: Harrisburg Branch ERIE Agent College Training History As Of December 8, 2011 TraWng. HiMory Course Date(s) Course Title Course Status ERIE Agents' Colleee 4/21/2005 Family and Personal Auto UW E3027 Completed 4/21/2005 Family Auto Policy Knowledge E3032A Completed 3/18/2004 Homeowners Liability E2011 Completed 3/18/2004 Homeowners Property E2012 Completed Page 1 of 1 j he Board of governors of the Society of Certified Insurance Service Representatives hereby recognizes that the herein named has com. pCeted the academic requirements of the society of ferfifea insurance eRepresentAttoVes Program andthere6y recognizes anddesignates Patricia A. Cbompson, Cl SR As a duC accredited Certifiedlnsumnce Service Rerpresentative, the individuaCa6ove named shaCChave aCCthe rights, res_ponsi6ilities, and recognition. pertaining thereto andmay continue to receive such so Cong as the designee meets the continuing education standards_prescri6ed 6y the Society. September 28, 2005 President Chairman AA Producer Appointments as Listed with State of Pennsylvania Insurance Department for Patricia Thompson while employed by Anthony Insurance, Inc. Charter Oak Fire Insurance Company (The) Erie Insurance Company Erie Insurance Exchange Erie Insurance Property & Casualty Company Farmers Mutual Fire Insurance Company of Marble, Pennsylvania Farmers New Century Insurance Company Farmington Casualty Company Phoenix Insurance Company (The) Progressive Northern Insurance Company Progressive Preferred Insurance Company Progressive Specialty Insurance Company Standard Fire Insurance Company (The) Travelers Casualty and Surety Company (The) Travelers Casualty Company of Connecticut Travelers Casualty Insurance Company of America Travelers Indemnity Company of Connecticut (The) Travelers Property Casualty Company of America Truck Insurance Exchange United Financial Casualty Company $ EXHIBIT C E a Anthony Insurance, Inc. Job Duties of Customer Service Agent Kristy Steiner • Answer incoming telephone calls o Handle calls as necessary o Take messages for other Agents o Document conversations in Insured's file • Assist customers with payments and detailed billing information for multiple insurance carriers in office or over the phone • Discuss and complete forms necessary to establish Electronic Fund Withdraw from customer's bank accounts • Prepare and mail professional correspondence to customers and carriers • Ask questions of potential customers to complete Quote forms • Preliminary set-up of quote information into the carrier's software program • Assist Producers in preparing packets and files for new customers • Review existing accounts for cross selling opportunities • Issue Financial Responsibility Cards for Personal Auto, Commercial Auto, Miscellaneous Vehicles • Gather claim information from Insureds o Provide professional coverage advice o Submit claim information to Insurance Company o Guide Insured through claim process o Solve problems that may arise during claim process o Refer to Underwriting Requirements to determine if action must be taken o Closely review possible premium impact of submitted claims • Personal Auto Changes o Gather information from insureds o Provide detailed, professional coverage reviews o Quote premium changes o Enter changes into computer program and submit to the insurance carrier o Review possible impact on other policies (ex. Umbrella) • Youthful Driver Changes/Additions o Gather information from insureds o Provide detailed, professional coverage reviews o Quote premium changes o Review possible impact on other policies (ex. Umbrella) o Enter changes into computer program and submit to the insurance carrier o Analyze multiple discounts, apply company rules and determine if discounts or surcharges apply EXHIBIT Q m • Commercial Auto Changes o Gather information from insureds o Provide detailed, professional coverage reviews o Enter changes into computer program and submit to the insurance carrier • Address Changes o Gather information from insureds o Provide detailed, professional coverage reviews o Analyze the impact on existing policies o Quote premium changes o Enter changes into computer program and submit to the insurance carrier • Miscellaneous Vehicles o Gather information from insureds o Provide detailed, professional coverage reviews o Quote premium changes o Review possible impact on other policies (ex. Umbrella) o Enter changes into computer program and submit to the insurance carrier • Homeowners o Answer Customer's coverage questions o Provide professional coverage reviews regarding limits, deductibles, and all aspects of policy o Ask Insured questions regarding improvements to home to determine appropriate coverage limits o Enter changes into computer program and submit to the insurance carrier • Inland Marine o Discuss items to be insured o Provide Coverage Explanation o Acquire documentation needed-appraisals, receipts o Complete Application for Coverage and submit to carrier • Issue Verification of Coverage for Mortgagees, Lienholders, and Loss Payees while complying with Privacy requirements • Issue Certificates of Insurance for Commercial Policies • Issue Evidence of Insurance to Mortgagees for Condominium Associations • Advise Commercial Customers the steps to submit Workers Compensation Claims • Gather information and assist Insured with marriage, divorce, death, new drivers • Incoming Mail o Date Stamp all incoming mail assigned o Match mail to customer file o File mail in appropriate location in customer file o Review mail to check for errors made by issuing Insurance Company or by Agent o Review questionnaires completed by Insured for coverage changes o Analyze renewal policies and contact insured if coverage changes are needed • Complete necessary Company Forms for Coverage Changes • Request and maintain signed forms to comply with Pennsylvania Uninsured and Underinsured Motorist Coverages • Provide support and assist other agents • Maintain a diary system to follow-up on required policy information, • Carefully review and purge active files and inactive files • At Agency's expense maintain current Pennsylvania Property and Casualty License • Other Duties as Assigned ANTHONY INSURANCE, INC. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KRISTY L. STEINER, NO. 2011 - 8428 STEINER INSURANCE, LLC., Defendants CIVIL ACTION—EQUITY NOTICE OF DEPOSITION TO PATRICIA THOMPSON Plaintiff, by and through its counsel, Steven Howell, Esquire, pursuant to Pennsylvania Rule of Civil Procedure 4007.1,hereby requests that PATRICIA THOMPSON appear for an oral deposition on all matters in the pending litigation at the following date,time and location: T} w Date: OCTOBER 16,2013 ,x Time: 9:00 AM Place: Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 The Deposition shall be recorded and transcribed by a certified Court Reporter. Documents to be Produced at the Time of Deposition: In accordance with Pennsylvania Rule of Civil Procedure 4007.1(d)(1)you are to produce the following: I. Any documents that you intend to introduce at the trial of this matter. 2. Any emails by and between Defendant(or anyone acting on her behalf and at her direction), Allstate Insurance (or any of its subsidiaries or related companied)and Patricia Thompson between September 1,2010 and the date of Ms. Thompson's resignation from employment with the Plaintiff on August 10, 2011. 3. Any documents or other tangible items that support any of the factual allegations set forth in the pleadings or the Affidavit executed by Patricia Thompson in this case. Respectfully submitted, By: Il9Bridge He ire L Firm Street New Cumberland, PA 17070 Supreme Court ID 62063 (717) 770-1277 Voice Plaintiffs Counsel Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage Prepaid, first class United States Mail addressed as follows: Peter J. Russo, Esquire (Via Fax 591-1756) Law Offices of Peter J. Russo, P.C. Suite 203 5006 Fast Trindle Road Mechanicsburg, PA 17050 Robin L. Smith, General Manager(Via Fax 541-1509) Geiger& Loria Reporting Service Suite B 2408 Park Drive Harrisburg, PA 17110 By: j Date: October 11,2013 Steven 06we]�L sq ire ANTHONY INSURANCE, INC. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KRISTY L. STEINER, NO. 2011 - 8428 S'fEINER INSURANCE,LLC., Defendants CIVIL ACTION—EQUITY NOTICE OF DEPOSITION TO DEFENDANT KRISTY L STEINER Plaintiff, by and through its counsel, Steven Howell, Esquire, pursuant to Pennsylvania Rule of Civil Procedure 4007.1, hereby requests that the DEFENDANT KRISTY L. STEINER appear form oral deposition on all matters in the pending litigation at the following date, time and location: Date: OCTOBER 16, 2013 Nr- Time: 10:00 AM Place: Howell Law Firm 619 Bridge Street = New Cumberland,PA 17070 - The Deposition shall be recorded and transcribed by a certified Court Reporter. You are required to appear without a subpoena because you are a party and Pennsylvania Rule of Civil Procedure 4007.1(a)states: "A party noticed to be deposed shall be required to appear without a subpoena." Documents to be Produced at the Time of Deposition: In accordance with Pennsylvania Rule of Civil Procedure 4007.1(d)(1)you are to produce the following: I. Any documents that you intend to introduce at the trial of this matter. 2. Any entails by and between Defendant (or anyone acting on her behalf and at her direction) and Allstate Insurance(or any of its subsidiaries or related companied) between September I, 2010 and the date of resignation from the Plaintiff on March 30,2011. 3. Any documents or other tangible items that support any of the factual allegations set forth in the pleadings or the Affidavit executed by the Defendant in this case. Respectfully submitted, By: Ste a Howel q owell Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 (717) 770-1277 Voice Plaintiff's Counsel Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Peter J. Russo, Esquire (Via Fax 591-1756) Law Offices of Peter I Russo, P.C. Suite 203 5006 East Trindle Road Mechanicsburg, PA 17050 Robin L. Smith, General Manager(Via Fax 541-1509) Geiger& Lorin Reporting Service Suite B 2408 Park Drive Harrisburg, PA 17110 By: ZZ /Steven owell squire Date: October 11, 2013 C') C!, -a ANTHONY INSURANCE, INC. IN THE COURT OF COMMON P16JW -? Plaintiff OF CUMBERLAND COUNTY, z? ?F PENNSYLVANIA Nr" rv =° VS. G? - = -n v -n KRISTY L. STEINER, NO. 2011 - 8428 N °rn STEINER INSURANCE, LLC., ? r- Defendants CIVIL ACTION - EQUITY -c ' _a REPLY TO NEW MATTER RAISED IN ANSWER TO PETITION FOR PRELIMINARY INJUNCTION 27. DENIED AS STATED. The complete job title for Patricia Thompson was Customer Service Agent as well as a certified insurance service representative. 28. DENIED AS STATED. Patricia Thompson's duties were not limited to these functions and included those duties outlined on Exhibit "A". In addition, the allegations set forth in the Affidavit of Kristy Steiner at ¶3 and ¶4 and those set forth in the Affidavit of Patricia Thompson at ¶4, ¶5 and ¶6 are false. 29. DENIED. Patricia Thompson started with the Plaintiff as a "customer service representative" in 2003. In 2005 she was promoted to "customer service agent" and in 2005 she also became a certified insurance service representative. Plaintiff has invested heavily in the professional development of Patricia A. Thompson as shown Exhibit "B" (listing of the professional seminars she has attended between 2003 and 2011 at Plaintiff's expense). In fact, this is the best proof that Patricia Thompson's sworn Affidavit claiming Plaintiff "refused to train or develop me and restricted my duties to that of a clerical receptionist" is quite simply a fabrication. Patricia A. Thompson was a licensed agent for the nineteen (19) companies set forth in Exhibit "C" at the time she resigned from Plaintiff's employment to work for the Defendants. 30. ADMITTED. 31. DENIED AS STATED. The complete job title for Kristy Steiner was Customer Service Agent trainee. 32. DENIED. Kristy Steiner's duties were not limited to these functions and included those duties outlined on Exhibit "D". 33. DENIED. Kristy Steiner lacks any real foundation in the insurance business since her total work experience in the industry is from September 27, 2010 (employment date) to March 31, 2011 (resignation). Kristy Steiner's level of knowledge is far less than Patricia Thompson who worked in the industry from 2003 to her resignation on August 10, 2011 when she left to work for the Defendants. It is ridiculous to assert that Kristy Steiner with 132 possible days on the job (9/27/10- 3/31/11) "had access to all the same information" that Patricia Thompson accumulated over eight (8) years on the job. In fact, as shown on Exhibit "B" Plaintiff invested thousands of dollars and no less than fifteen (15) professional seminars not to mention his own individualized training to provide Patricia Thompson with a wealth of knowledge in the industry. It is this wealth of knowledge that Kristy Steiner lacks and it is the primary reason why Kristy Steiner "poached" Patricia Thompson and violated the clear and explicit terms of the Employee Confidentiality and Non-Piracy Agreement. By way of further explanation, Kristy Steiner did not even work the full 132 days but took off 17 '/2 days (leave/absent for 13.25% of her total work experience with Plaintiff) so she has 114 '/z work days of experience in the insurance industry prior to poaching Patricia Thompson and her eight years of experience. 34. DENIED. Kristy Steiner lacks any real grasp of the industry and needs the knowledge accumulated by Patricia Thompson over eight (8) years in order to operate the Allstate Agency. It was for this very reason that Plaintiff insisted that an employee could not "poach" other employees following a resignation. 35. DENIED AS A CONCLUSION OF LAW. No response is necessary. If a response is necessary Plaintiff's likelihood of success is high, it is irreparably harmed by the breach, there are no monetary damages to adequately compensate for the harm and there is no public interest at stake as Patricia Thompson knew from at least one prior employee resignation that she could not undertake employment with a former employee. 36. DENIED AS STATED. It is believed that at least two recent cancellations including that of Sarah Dickerson and Patricia and Randy Thompson were written through the Defendants' Allstate Agency although this is not yet certain. 37. DENIED AS STATED. Plaintiff is not required to allege such harm but there are potentially two instances of such client poaching. If Defendants' counsel carefully read the Employee Confidentiality and Non-Piracy Agreement he would see that the Defendants were precluded from ever offering any employment to Plaintiff's employees for a period of two (2) years. 38. DENIED AS STATED. It is believed at least two accounts were canceled from the Plaintiff and may have been transferred to the Defendants' agency. _ 39. DENIED AS STATED. As stated previously, Kristy Steiner's knowledge of the insurance industry is minimal which is why she is entirely dependent upon the eight (8) years of experience which Patricia Thompson brings to the business. Kristy Steiner is taking advantage of the extensive training costing thousands of dollars provided by Plaintiff to Patricia Thompson as outlined on Exhibit "B" (listing of professional training provided to Patricia Thompson between 9/23/2003 and 4/19/11). 40. DENIED AS A CONCLUSION OF LAW. No response is necessary. If a response is necessary Plaintiff's likelihood of success is high, it is irreparably harmed by the breach, there are no monetary damages to compensate for the harm and there is no public interest at stake as Patricia Thompson knew from at least one prior employee resignation that she could not undertake employment with a former employee. 41. DENIED AS A CONCLUSION OF LAW. No response is necessary. If a response is necessary Plaintiff's likelihood of success is high, it is irreparably harmed by the breach, there are no monetary damages to compensate for the harm and there is no public interest at stake as Patricia Thompson knew from at least one prior employee resignation that she could not undertake employment with a former employee. 42. DENIED AS A CONCLUSION OF LAW. No response is necessary. If a response is necessary Plaintiff's likelihood of success is high, it is irreparably harmed by the breach, there are no monetary damages to compensate for the harm and there is no public interest at stake as Patricia Thompson knew from at least one prior employee resignation that she could not undertake employment with a former employee. 43. DENIED. Patricia Thompson and Kristy Steiner knew prior to engaging in their plan that the Employee Confidentiality and Non-Piracy Agreement precluded the "poaching" of current employees and Patricia Thompson is free to work anywhere she likes except not for the Defendants. 44. DENIED. Patricia Thompson and Kristy Steiner knew prior to engaging in their plan that the Employee Confidentiality and Non-Piracy Agreement precluded the "poaching" of current employees and Patricia Thompson is free to work anywhere she likes except not for the Defendants. 45. DENIED. The agreement speaks for itself. 46. DENIED AS A CONCLUSION OF LAW. If a response were required Courts are reluctant absent compelling circumstances to ever rewrite any contract. In this case Plaintiff has a legitimate interest in preventing short term employees from poaching experienced employees to operate a competing insurance agency. 47. ADMITTED. 48. DENIED AS STATED. The exact number of agents in the area is not the issue. Rather, it is the fact that Defendants illegally poached a highly skilled employee that Plaintiff employed for eight years and spent thousands of dollars to train because the Defendants lacked the necessary insurance background to open an agency having less than 115 days of experience in the industry. 49. ADMITTED. 50. DENIED AS STATED. The exact number of agents in the area is not the issue. Rather, it is the fact that Defendants illegally poached a highly skilled employee that Plaintiff employed for eight years and spent thousands of dollars to train because the Defendants lacked the necessary insurance background to open an agency having less than 115 days of experience in the industry. 51. DENIED AS STATED. The exact number of agents in the area is not the issue. Rather, it is the fact that Defendants illegally poached a highly skilled employee that Plaintiff employed for eight years and spent thousands of dollars to train because the Defendants lacked the necessary insurance background to open an agency having less than 115 days of experience in the industry. 52. DENIED AS A CONCLUSION OF LAW. The geographic limitation and exact number of agents in the area is not the issue. Rather, it is the fact that Defendants illegally poached a highly skilled employee that Plaintiff employed for eight years and spent thousands of dollars to train because the Defendants lacked the necessary insurance background to open an agency having less than 115 days of experience in the industry. Respectfully submitted, By: Steve owill'Aquire H ell Law Firm 19 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 (717) 770-1277 Voice Plaintiff's Counsel Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. Suite 100 5006 East Trindle Road Mechanicsburg, PA 17050 By: Date: December 27, 2011 12/26/2011 11:12 7177701278 HOWELL LAW FIRM VERIFICATION T/we verify that the statements made in the foregoing document are true and correct. 1/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswortn falsification to authorities. BY: R. Kent Anthony Date: BY: ?<_ ICI ?.... .k Kent Anthony President, Anthony Insurance Inc. PAGE 02/13 Date: .Z J L71 11 Anthony Insurance, Inc. Job Duties of Customer Service Agent Patricia Thompson • Answer incoming telephone calls o Handle calls as necessary c Take messages for other Agents o Document conversations in Insured's file • Assist customers with payments and detailed billing information for multiple insurance carriers in office or over the phone • Discuss and complete forms necessary to establish Electronic Fund withdraw from customer's bank accounts • Prepare and mail professional correspondence to customers and carriers • Maintain Public Notary Commission and Provide Notary services to Agency's customers • Ask questions of potential customers to complete Quote forms • Preliminary set-up of quote information into the carrier's software program • Assist Producers in preparing packets and files for new customers • Review existing accounts for cross selling opportunities • Assisted in training new employees • issue Financial Responsibility Cards for Personal Auto, Commercial Auto, Miscellaneous vehicles as well as Canadian Identification Cards • Gather claim information from Insureds e Provide professional coverage advice o Submit claim information to Insurance Company o Guide Insured through claim process o Solve problems that may arise during claim process a Refer to Underwriting Requirements to determine if action must be taken o Closely review possible premium impact of submitted claims Personal Auto Changes c Gather information from insureds o Provide detailed, professional coverage reviews o Quote premium changes o Enter changes into computer program and submit to the insurance carrier o Review possible impact on other policies (ex. Umbrella) • Youthful Driver Changes/Additions o Gather information from insureds o Provide detailed, professional coverage reviews o Quote premium changes o Review possible impact on other policies (ex. Umbrella) o Enter changes into computer program and submit to the insurance carrier o Analyze multiple discounts, apply company rules and determine if discounts or surcharges apply a EXHIBIT E A m • Commercial Auto Changes o Gather information from insureds o Provide detailed, professional coverage reviews o Enter changes into computer program and submit to the insurance carrier • Address Changes o Gather information from insureds o Provide detailed, professional coverage reviews o Analyze the impact on existing policies o Quote premium changes o Enter changes into computer program and submit to the insurance carrier • Miscellaneous Vehicles o Gather information from insureds o Provide detailed, professional coverage reviews o Quote premium changes o Review possible impact on other policies (ex. Umbrella) o Enter changes into computer program and submit to the insurance carrier • Homeowners o Answer Customer's coverage questions o Provide professional coverage reviews regarding limits, deductibles, and all aspects of policy o Ask Insured questions regarding improvements to home to determine appropriate coverage limits o Enter changes into computer program and submit to the insurance carrier • Inland Marine o Discuss items to be insured a Provide Coverage Explanation o Acquire documentation needed-appraisals, receipts o Complete Application for Coverage and submit to carrier • Issue Verification of Coverage for Mortgagees, Lienholders, and Loss Payees while complying with Privacy requirements • Issue Certificates of Insurance for Commercial Policies • Issue Evidence of Insurance to Mortgagees for Condominium Associations • Advise Commercial Customers the steps to submit workers Compensation Claims • Gather information and assist insured with marriage, divorce, death, new drivers • Incoming Mail o Date Stamp all incoming mail assigned o Match mail to customer file o File mail in appropriate location in customer file o Review mail to check for errors made by issuing Insurance Company or by Agent o Review questionnaires completed by insured for coverage changes 0 Analyze renewal policies and contact insured if coverage changes are needed • Complete necessary Company Forms for Coverage Changes Request and maintain signed forms to comply with Pennsylvania Uninsured and Underinsured Motorist Coverages • Provide support and assist other agents • Mail Greeting Cards to Customers as needed • Order supplies through Insurance Companies • Maintain Agency Backup Device • Maintain a diary system to follow-up on required policy information + Carefully review and purge active files and inactive files • At Agency's expense maintain current Pennsylvania Property and Casualty License and Certified Insurance Services Representative Designation through Continuing Education • Other Duties as Assigned w ? p 1 d Q ?r~' 00 ! a ? r ts7 b C1 d Y-11 m .i (IQ V J ran N O N ,r N N \.p % CS '.. t '.+ ?' ~ 3 I ?.. 00 o ............. o o ?,, o to w w po ? N ?c _ N v ? ? A {{{ ? .p N ? N 0 YV Q V s9- ran tin m to 1 z G 7° ? po ? ? N rI C N N ? ? 1 pp ,O ` N 1. N N N N p f N N N O } ? ?p ?O ? 7 4 v3 00 t ? o ? ° ? ° d o o v, ?61 ' 469 o I' S 8 ° -? ial) c, ?' IBTt g EXH MONO 71 Erie Insurance Name: Thompson,Pat AA7637 Location: Harrisburg Branch ERIE Agent College Training History As Of December 8, 2011 Training History Course Date(s) Course Title Course Status ERIE Agents' Colleae 4/21/2005 Family and Personal Auto UW E3027 Completed 4/21/2005 Family Auto Policy Knowledge E3032A Completed 3/18/2004 Homeowners Liability E2011 Completed 3/18/2004 Homeowners Property E2012 Completed Page 1 of 1 The Board of Covemors of the Society of Certi, t ed Insurance Service Representatives hereby recognizes that the herein named has completed the academic requirements of the society of #Acrfiflca Busurallce Bernice Representatives Program andthere6y recognizes anddesignates Patricia A. Cbompson, Cl SR -As a duly accredited Certified?nsurance Service Representative, the individuaCa6ove namedshaCChave aCCthe rights, responsi6iCities, and recognitionpertaining thereto and may continue to receive such so Cong as the designee meets the continuing education standardsprescri.6ed 6y the Society. September 28, 2005 President Chairman Producer Appointments as Listed with State of Pennsylvania Insurance Department for Patricia Thompson while employed by Anthony Insurance, Inc. Charter Oak Fire Insurance Company (The) Erie Insurance Company Erie Insurance Exchange Erie Insurance Property & Casualty Company Farmers Mutual Fire Insurance Company of Marble, Pennsylvania Farmers New Century Insurance Company Farmington Casualty Company Phoenix Insurance Company (The) Progressive Northern Insurance Company Progressive Preferred Insurance Company Progressive Specialty Insurance Company Standard Fire Insurance Company (The) Travelers Casualty and Surety Company (The) Travelers Casualty Company of Connecticut Travelers Casualty Insurance Company of America Travelers Indemnity Company of Connecticut (The) Travelers Property Casualty Company of America Truck Insurance Exchange United Financial Casualty Company s EXHIBIT ? C Anthony Insurance, Inc. Job Duties of Customer Service Agent Kristy Steiner • Answer incoming telephone calls o Handle calls as necessary o Take messages for other Agents o Document conversations in Insured's file • Assist customers with payments and detailed billing information for multiple insurance carriers in office or over the phone • Discuss and complete forms necessary to establish Electronic Fund Withdraw from customer's bank accounts • Prepare and mail professional correspondence to customers and carriers • Ask questions of potential customers to complete Quote forms • Preliminary set-up of quote information into the carrier's software program • Assist Producers in preparing packets and files for new customers • Review existing accounts for cross selling opportunities • Issue Financial Responsibility Cards for Personal Auto, Commercial Auto, Miscellaneous Vehicles • Gather claim information from Insureds o Provide professional coverage advice o Submit claim information to Insurance Company o Guide Insured through claim process o Solve problems that may arise during claim process o Refer to Underwriting Requirements to determine if action must be taken o Closely review possible premium impact of submitted claims • Personal Auto Changes o Gather information from insureds o Provide detailed, professional coverage reviews o Quote premium changes o Enter changes into computer program and submit to the insurance carrier o Review possible impact on other policies (ex. Umbrella) • Youthful Driver Changes/Additions o Gather information from insureds o Provide detailed, professional coverage reviews o Quote premium changes o Review possible impact on other policies (ex. Umbrella) o Enter changes into computer program and submit to the insurance carrier o Analyze multiple discounts, apply company rules and determine if discounts or surcharges apply & EXHIBIT a z • Commercial Auto Changes o Gather information from insureds o Provide detailed, professional coverage reviews o Enter changes into computer program and submit to the insurance carrier • Address Changes o Gather information from insureds o Provide detailed, professional coverage reviews o Analyze the impact on existing policies o Quote premium changes o Enter changes into computer program and submit to the insurance carrier • Miscellaneous Vehicles o Gather information from insureds o Provide detailed, professional coverage reviews o Quote premium changes o Review possible impact on other policies (ex. Umbrella) o Enter changes into computer program and submit to the insurance carrier • Homeowners o Answer Customer's coverage questions o Provide professional coverage reviews regarding limits, deductibles, and all aspects of policy o Ask Insured questions regarding improvements to home to determine appropriate coverage limits o Enter changes into computer program and submit to the insurance carrier • Inland Marine o Discuss items to be insured o Provide Coverage Explanation o Acquire documentation needed-appraisals, receipts o Complete Application for Coverage and submit to carrier • Issue Verification of Coverage for Mortgagees, Lienholders, and Loss Payees while complying with Privacy requirements • Issue Certificates of Insurance for Commercial Policies • Issue Evidence of Insurance to Mortgagees for Condominium Associations • Advise Commercial Customers the steps to submit Workers Compensation Claims • Gather information and assist Insured with marriage, divorce, death, new drivers • Incoming Mail o Date Stamp all incoming mail assigned o Match mail to customer file o File mail in appropriate location in customer file o Review mail to check for errors made by issuing insurance Company or by Agent o Review questionnaires completed by Insured for coverage changes o Analyze renewal policies and contact insured if coverage changes are needed • Complete necessary Company Forms for Coverage Changes • Request and maintain signed forms to comply with Pennsylvania Uninsured and Underinsured Motorist Coverages • Provide support and assist other agents • Maintain a diary system to follow-up on required policy information, • Carefully review and purge active files and inactive files • At Agency's expense maintain current Pennsylvania Property and Casualty License • Other Duties as Assigned