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HomeMy WebLinkAbout13-2319 Supreme Coin. Pennsylvania COUP. al lhI 0 leas For Prothonotary Use Only: i� �C;rb`ve r�Sheet.VL J Docket No: Cu la berland" t County t3 " Q-31 r� The information collected on this form is used solely.for court administration purposes. This.form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: El' Complaint [ � Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: JFC Medical, Inc. Lindsay Carbone T Dollar Amount Requested: 1 within arbitration limits I Are money damages requested? D Yes CE No (check one) x outside arbitration limits O N Is this a Class Action Suit? 77 Yes F x7-, No Is this an MDJAppeal? 1 Yes ! No A Name of Plaintiff/Appellant's Attorney: Theodore A.Adler 0 Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution IJ Debt Collection:Credit Card 0 Board of Assessment Motor Vehicle ❑ Debt Collection: Other 1 Board of Elections 0 Nuisance ❑ Dept.of Transportation 0 Premises Liability Statutory Appeal:Other S 0 Product Liability(does not include 0 Employment Dispute: t) mass tort) Discrimination C Slander/Libel/Defamation C 0 Other. �1 Employment Dispute:Other 11 Zoning Board Breach of Contract Other: T I o Other: O MASS TORT 0 Asbestos N `;_ Tobacco G' Toxic Tort-DES 1 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS El Toxic Waste [ Ejectment 0 Common Law/Statutory Arbitration B C i Other: D Eminent Domain/Condemnation 0 Declaratory Judgment D Ground Rent Mandamus 0 Landlord/Tenant Dispute -4 Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial Quo Warranto 0 Dental ❑ Partition 11 Replevin 0 Legal ❑ Quiet Title E3 Other: C' Medical 1 Other: Other Professional: Updated 111/1011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JFC Medical, Inc. mco Plaintiff ;r; m -urn vs 9 "J." C:) '_0 'D'I Lindsay Carbone and _ ; ` CD y� JJL Group, Inc. aka Method3 Staffing p Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 REAGER & ADLER, P.C. Theodore A. Adler, Esquire Attorney I.D. No. 16267 TAdler@ReagerAdlerPC.com Thomas O. Williams, Esquire Attorney I.D. No. 67987 TWilliams @ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff JFC Medical, Inc. JFC Medical, Inc. IN THE COURT OF COMMON PLEAS OF 1520 Market Street CUMBERLAND COUNTY, Camp Hill, PA 17011, PENNSYLVANIA Plaintiff V. No. Lindsay Carbone 2008 Alexis Drive CIVIL ACTION—EQUITY Harrisburg, PA 17110 and JURY TRIAL DEMANDED JJL Group, Inc., a/k/a Method3 Staffing 17S. 19th Street Camp Hill, PA 17011, Defendants COMPLAINT IN EQUITY AND NOW comes Plaintiff, JFC Medical, Inc. ("JFC"), by and through its attorneys, Reager & Adler, P.C., and files the within Complaint and in support thereof makes the following averments: Parties 1. JFC is a corporation doing business under the laws of the Commonwealth of Pennsylvania with its principal place of business being 1520 Market Street, Camp Hill, PA 17011. It maintains offices in Cumberland, Dauphin, Franklin, Lancaster and York Counties in Pennsylvania. JFC is a personnel staffing company that provides staffing needs on a contract and direct hire basis. 2. Defendant Lindsay Carbone is an adult individual with a present address of 2008 Alexis Drive, Harrisburg, PA 17110. 3. Defendant, JJL Group, Inc., a/k/a Method 3 Staffing ("JJL") is, upon information and belief, a Pennsylvania corporation with its offices at 17 South 19th Street, Camp Hill, PA 17011. JJL provides staffing services for companies in Cumberland and Dauphin counties in Pennsylvania. Venue 4. Pursuant to Pa. R.C.P. 1006, venue in this court is proper because the Employment Agreement that is the subject of this subject matter of this action was executed by the parties in Cumberland County, Pennsylvania. CAUSE OF ACTION Breach of Contract (Covenant Not to Compete) 5. On May 15, 2012, as a condition of her being employed by JFC, Defendant Carbone entered into a valid written Employment Agreement under which terms JFC hired Carbone (the "Agreement"). A true and correct copy of the aforesaid Agreement is attached hereto, made a part hereof and marked as Exhibit"A." 6. In accordance with the Agreement, Defendant Carbone agreed, in consideration of her employment, training and salary, that, for 18 months from the termination of her employment she would not: "...directly or indirectly engage in any business for himself/herself or act as an employee/agent or be in association in any capacity with any other person or firm, engaged in similar business to JFC's or services currently engaged by JFC within 100 mile radius of any city in which a JFC office is located..." 7. The Agreement further provides that JFC "shall be entitled, if it so elects to institute and prosecute proceeding in any court of competent jurisdiction either in law or in equity to obtain damages for any breach of the employee or to enjoin employee from performing services for any other person, firm or corporation...." 8. Pursuant to the Agreement, Defendant Carbone further acknowledged that an injunction shall be available to JFC in the event of a breach of the Agreement. 9. After being hired by JFC, Carbone received extensive training and management coaching from JFC which provided the training in reliance on the fact that Carbone would comply with the terms of the Agreement and, as a result, her training would be for the benefit of JFC and not for a competitor of JFC. 10. On March 28, 2013, Carbone notified JFC that she was voluntarily terminating her employment with JFC. The termination became effective on April 5, 2013. 11. By way of letter dated April 9, 2013, counsel for JFC advised Defendant Carbone of her obligations under the Agreement. A true and correct copy of this correspondence is attached hereto as Exhibit"B." 12. Following her voluntary resignation, JFC learned that Carbone was working for JJL, a direct competitor of JFC, at its offices in Camp Hill, Pennsylvania. 13. By letter dated April 9, 2013, counsel for JFC advised JJL of Defendant Carbone's obligations under the Agreement and requested that it confirm that Defendant Carbone had terminated her employment with JJL. A true and correct copy of this correspondence is attached hereto as Exhibit"C." No confirmation of termination was ever received by JFC. 14. Defendant Carbone continues to be employed by JJL. 15. The actions of Defendant Carbone, as set forth above, and her continuance of these activities, have caused and will continue to cause irreparable hard in that: (a) JFC will continue to suffer substantial loss of profits and fees now and indefinitely into the future; and (b) JFC will continue to suffer irreparable harm to its reputation in the eyes of its former and current customers and clients. 16. Defendant JJL is an indispensible party because it will receive and retain fees and profits as a result of the actions of Defendant Carbone that constitute violations of the covenant not to compete contained in the Agreement. 17. JFC has no adequate remedy at law in order to protect its business and property rights and restraint by injunction is necessary to afford adequate relief. WHEREFORE, Plaintiff JFC Medical, Inc., respectfully requests this Honorable Court to decree and enter an order directing as follows: (a) That an injunction issue preliminarily and for a period to continue until September 28, 2014, enjoining Defendant Carbone from employment with JJL or any other direct competitor of JFC Medical, Inc. as contained in the Agreement; (b) Defendants Carbone and JJL account to JFC Medical, Inc. for profits and income earned on all medical staffing assignments in which Defendant Carbone participated; and (c) That JFC Medical, Inc. be granted such other relief as the Court may deem just and appropriate. REAGER L R, P.C. f Date: April 26, 2013 Theodore A. Adler, Esquire Attorney I.D. No. 16267 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff J � P �� AGREEMENT This Agreement,made and entered into this Z � d y of , 20 Z ,by and between: JFC Temps, Inc. /JFC Global and JFC Medical, Inc. (Hereinafter referred to as "JFC") and CZI�4 axtlt,��_ ereinafter r erred to as "Employee") JFC Temps, Inc. operates temporary help services; JFC Global (Pro Temps, Inc.) operates direct hire/contract placement; JFC Medical, Inc. operates direct hire/contract placement; Terms: 1. JFC and EMPLOYEE shall be associated as employer and employee at a rate of compensation to be agreed upon between the parties; however, all bonuses, profit-sharing plans, insurance plans or other incentives and benefits will be and remain completely at the discretion of JFC. JFC is not obligated to pay a bonus to any Employee. It is agreed that any bonus is not gratuity,without valued consideration,and legally unenforceable. From time to time JFC may have contests in which it is possible for the Employee to be eligible for a bonus. No such bonus shall be paid to an Employee who was eligible for a bonus if such Employee is not within the hire of JFC at the time such bonus is paid. 2. EMPLOYEE acknowledges that JFC will extend considerable time,effort and expense in training EMPLOYEE in the methods used by JFC and that EMPLOYEE will acquire confidential knowledge and information as to JFC's accounts, customers, and business patrons, as well as confidential knowledge and information concerning the methods,forms,and contracts used by JFC, in its direct hire or temporary placement divisions or any similar business providing such services, that JFC has expanded substantial sums of money for advertising,public relations,and otherwise to solicit customers for business and to recruit and indoctrinate applicants for placement on permanent and/or temporary positions,that EMPLOYEE will receive such experience that upon leaving JFC's employment for any reason, his engaging directly or indirectly, either alone or on behalf of or in conjunction with any other person, persons, partnerships or corporation, or to that of a duly authorized licensee of JFC of Camp Hill/Harrisburg/Carlisle/Lancaster/York/Chambersburg,or any other JFC office, such engagement will preserit irreparable harm and financial loss to JFC, all of which harm is not capable of precise or exact proof or calculation. Employee, while in the hire of JFC or within 18 months after leaving the hire of JFC will not directly or indirectly induce or attempt to influence any Employee to terminate his or her employment with JFC. 3. EMPLOYEE, therefore, agrees that he/she will not while in JFC's employ nor within a period of 18 months following termination of employment for any cause whatsoever, directly or indirectly engage in any business for himself/herself or act as an employee/agent or be in association in any capacity with any other person or firm engaged in a similar business to JFC's or services currently engaged by JFC within a 100 mile radius of any city in which a JFC office is located; EMPLOYEE acknowledges that doing so in any manner would interfere with, disturb, disrupt, decrease or otherwise jeopardize the business of JFC and its employees; nor will EMPLOYEE do anything which tends to take away or diminish the trade, business, or good will of JFC; nor will EMPLOYEE give to any other person or firm the benefit or advantage of JFC's methods or forms,or the knowledge, information, contact names,past or present customers, and experience acquired by EMPLOYEE while employed by JFC. 4. EMPLOYEE agrees upon termination of his employment with JFC for any reason whatsoever, to return to Mr. James Carchidi, Jr. or a designated representative of JFC all records, manuals, copies of records and papers pertaining to transactions handled by EMPLOYEE while associated with JFC; and in the event EMPLOYEE shall fail to do so, or in the event EMPLOYEE shall violate this instant agreement, EMPLOYEE shall forfeit all claims to unpaid commissions, bonuses and benefits without affecting the right of JFC to compel the return of said records,papers, and manuals. 5.1 Remedy for Breach. Both parties recognize that the services to be rendered under this Agreement by the Employee are special,unique,and of extraordinary character,and that in the event of the breach of JFC of terms and conditions of this Agreement to be performed by him or in the event Employee shall without the written consent of JFC leave its employment and perform, in the future, services for any person, firm or corporation engaged in a competing line of business with JFC, JFC shall be entitled, if it so elects, to institute and prosecute proceeding in any court of competent jurisdiction either in law or equity to obtain damages for any breach of the Employee or to enjoin Employee from performing service for any other person, firm or corporation, during the period herein contracted for,but nothing herein contained shall be construed to prevent such remedy in the courts, in case of any breach of this agreement by Employee as JFC may elect to invoke. In addition to JFC's right of action for sustained damages by a breach of said covenants,the parties hereto agree that JFC will have the further right to enforce these covenants by specific remedies,which shall include,among other things,temporary restraining orders and temporary and permanent injunctions. If JFC shall be required by applicable law to furnish a bond or other surety as a condition to the entry of an injunction or restraining order against Employee for or on account of the violation of these covenants, Employee hereby agrees that such bond or other surety may be in the minimum amount allowable by law. 6. Indemnity. Employee shall indemnify JFC against any damages, costs, and expenses, including reasonable attorney's fees, incurred in defending or comprising any claim arising out of Employee's wrongful behavior. This indemnity shall survive the termination of this Agreement. 7. Liability. JFC shall not be liable to Employee for any expenses incurred by him,nor shall Employee be liable to JFC for office help or expense and the Employee shall have no authority to bind JFC by any promise or representation, unless specifically authorized in writing to do so. Business related expenses, such as mileage to and from a business related function, shall be reimbursed to Employee on an expense account, according to limits set by management. 8. Waiver. Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any right of power hereunder at any one time or more times be deemed a waiver of relinquishment of such right of power at any one time or times. 9. Severability. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision. 10. Modification. This Agreement cannot be changed, modified or discharged orally, but only as consented to in writing by both parties. It is further understood that, in the event of termination of employment for any reason or no reason, no commissions, bonuses or benefits shall be payable to EMPLOYEE other than the commissions or bonuses already paid and satisfied by draw amounts/guarantee periods or qualifying criteria at the time of termination. In addition,the Employee will be paid any PTO pay accrued,but not used, during Employee's anniversary year, at the time of termination,providing the Employee has met all criteria set forth in the employee policies and procedures guidelines. That the invalidity of any portion of this agreement shall not affect enforceability of the remainder. If any of these restrictions shall be unenforceable because they are for too long a period or too broad a geographical area,or for any reason whatsoever,employee agrees that the restrictions shall be effective for such period of time and such area and to such extent as they may be enforceable. Witness 't6vp1ov;e'e' President/Owner Starting Salary: Effective Date: R:Forms:NON COMPETE AGREE ALL DIVISIONS 2104 �-� J Theodore A.Adler" Susan H.Contair David W.Reager Wayne S.Martin,RE.— IS Linus E.Fenicle John P.Neblett'°" ATTORNEYS AND COUNSELORS AT LAW Thomas O.Williams Jay C.Whittle— -- --- - 'Certified Civil Trial Specialist "Licensed to Prachce in N.J. ""'Ol Counsrl April 9, 2013 Writer's Email Address: TAd ler @ReagerAdle rPC.com VIA FIRST CLASS U. S. MAIL Lindsay Carbone 2008 Alexis Drive Harrisburg, PA 17110 Re: Employment with Method3/Staffing and Recruiting Dear Ms. Carbone: We represent JFC Medical, Inc. It is our understanding that you have taken a position with Method3, a recruiting company in Camp hill, PA. As you know, you signed an Employment Agreement when you went to work for JFC Medical in which you agreed that you would not go to work for another company that provides the same types of services as JFC for a period of 18 months following your termination. A copy of the Agreement you signed is attached. The non-compete provision of the Employment Agreement provides a geographical range of 100 miles. Method3 is located within the 100 mile geographical area of JFC's off ces. By this letter, JFC is demanding that you terminate your employment with Method3 irrunediately. If you fail to do so, JFC reserves the right to take legal action as provided for in the Employment Agreement. Please advise us immediately that you have terminated your employment with Method3. If we do not receive such written notification within 10 days of the date of this letter, further legal action will be taken without any additional notice to you. Very truly yours, �7 Theodore A. Adler TAA:al s Enclosure cc: Ben Allatt, Vice President JFC Medical, Inc. Karen Goth Director of Human Resources P R 0 v E N R E S O U R C E S 2331 Market Street, Camp Hill, Pennsylvania 17011-4642 T: 717 763-1383 F: 717 730-7366 www.reageradierpc.com it l Theodore A.Adler* Susan H.Confair David W.Reager Wayne S.Martin,RE.— .. Linus E.Fenicle John P.Neblett*** ATTORNEYS AND COUNSELORS AT LAW Thomas O.Williams Jay C.Whittle*** - -- - - -- *Certified Civil Trial Specialist **Licensed to Practice in N.J. ***Of Counsel April 9, 2013 Writer's Email Address: TAdler @ReagerAdlerPC.com VIA FIRST CLASS U. S. MAIL John Laporta, Managing Partner Method3 Staffing 17S. 19th Street Camp Hill, PA 17011 Re: Lindsay Carbone Our Client: HC Medical, Inc. Dear Mr. Laporta: We represent JFC Medical, Inc. Lindsay Carbone was an employee of JFC Medical until April 5, 2013. As part of her employment, she signed an Employment Agreement with JFC. The Agreement contained a non- compete provision. The non-compete provision states that for a period of 18 months following Ms. Carbone's employment with JFC, she may not "directly or indirectly engage in any business for herself or act as an employee/agent or be in association in any capacity with any other person or firm engaged in a similar business to JFC's... within a 100 mile radius of any city in which a JFC office is located." A copy of the Employment Agreement is attached hereto for your reference. Ms. Carbone has advised JFC that she is now employed by your company. Your company provides the same types of services as does JFC. By separate letter we have advised Ms. Carbone of her obligations under the Employment Agreement and have advised her that she must resign her employment from Method3. Otherwise, JFC reserves the right to take appropriate legal action as provided for in the Employment Agreement. Please confirm that Ms. Carbone has terminated her employment with Method3. If we do not receive this written notification from your office within 10 days of the date of this letter, JFC may take appropriate legal action without further notice to Ms. Carbone or to your company. Very truly yours, . � Theodore A. Adler TAA:als Enclosure cc: Lindsay Carbone Ben Allatt,Vice President JFC Medical, Inc. Karen Goth, Director of Human Resources P R O V E N R E S O U R C E S 2331 Market Street, Camp Hill, Pennsylvania 17011-4642 T: 717 763-1383 F: 717 730-7366 www.reageradIerpc.com VERIFICATION 1,Karen Goth,hereby verify that I am the Director of Human Resources of JFC Medical, Inc., and, as such, I am authorized to verify that the averments of the foregoing Complaint are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. JFCAMEDIC Dated: L4 Id(,p I t By: K ren Goth 1 rTj CD 31P rT"i lJ) [V p ...e D REAGER & ADLER,P.C. = 7--- i. Theodore A. Adler, Esquire Attorney I.D. No. 16267 -a TAdler@ReagerAdlerPC.com Thomas O. Williams, Esquire Attorney I.D. No. 67987 TWilliams @ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff JFC Medical, Inc. JFC Medical, Inc. IN THE COURT OF COMMON PLEAS OF 1520 Market Street CUMBERLAND COUNTY, Camp Hill, PA 17011, PENNSYLVANIA Plaintiff V. No. �J Lindsay Carbone 2008 Alexis Drive CIVIL ACTION—EQUITY Harrisburg, PA 17110 and JURY TRIAL DEMANDED JJL Group, Inc., a/k/a Method3 Staffing 17S. 19th Street Camp Hill, PA 17011, Defendants MOTION FOR PRELIMINARY INJUCTION AND NOW comes Plaintiff, JFC Medical, Inc. ("JFC"), by and through its attorneys, Reager & Adler, P.C., who respectfully moves this Court for a Preliminary Injunction pursuant to Pa. R.C.P. 1531, and in support thereof makes the following averments: 1. JFC's Complaint in Equity is incorporated herein by reference as if fully set forth herein at length. A true and correct copy of JFC's Complaint is attached hereto and made a part hereof as Exhibit"A." 2. Defendant Carbone has refused and continues to refuse to cease her employment with JJL Group, Inc. a/k/a Method 3 Staffing ("JJL"), which employment is in direct violation of the restrictive covenants contained in the Employment Agreement dated May 15, 2012 between JFC and Carbone. (See Exhibit A to Plaintiff's Complaint in Equity.) 3. Unless such improper conduct of Carbone is immediately enjoined and JFC is granted relief as requested, JFC will be irreparably injured in that: (a) JFC will continue to suffer substantial loss of profits and fees now and indefinitely in the future; and (b) JFC will continue to suffer irreparable harm to its reputation in the eyes of its former and current customers and clients. WHEREFORE, Plaintiff JFC Medical, Inc., respectfully requests this Honorable Court enter an Order pursuant to Pa. R.C.P. 1531 as follows: (a) That all Defendants be ordered to appear following due notice and show cause why a preliminary injunction should not be issued during the pendency of this action according to the relief requested in the Complaint of JFC and the requested injunctive relief, (b) That an injunction shall issue preliminarily and until final hearing, and for a period to extend until September 28, 2014, enjoining Defendant Carbone from employment with JJL and/or any other person or firm engaged in a similar business to JFC or from engaging in any services currently engaged in by JFC with a 100 mile radius of any city in which a JFC office is located; and (c) That the Court's Order shall remain in full force and effect until such time as this Court specifically orders otherwise. REAGER& AD R C. Date: April 26, 2013 l Theodo e A. Adler, Esquire Attorney I.D. No. 16267 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff A Supreme CourfofPennsylvania Court ofEdinmo 'Pleas For Prothonotary Use Only: C`.iVff CovertSh&t . . , r,L Docket No: C mberland ,ilk, County The information collected on this.form is used solely for court administration purposes. This form does not .supplement or replace the filing and service ofpleodings or other papers as required bl,law or rules of court. Commencement of Action: S Q Complaint 0 Writ of Summons Petition (� Transfer from Another Jurisdiction M Declaration of Taking c Lead Plaintiff's Name: Lead Defendant's Name: JFC Medical, Inc. Lindsay Carbone I Are money damages requested? 0 Yes Q No Dollar Amount Requested: Elwithin arbitration limits (check one) E]outside arbitration limits N Is this a Class Action Suit? E3 Yes 0 No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: Theodore A.Adler El Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS rl Intentional 0 Buyer Plaintiff Administrative Agencies Q Malicious Prosecution rl Debt Collection:Credit Card Q Board of Assessment [+ Motor Vehicle 0 Debt Collection: Other Q Board of Elections n Nuisance Dept.of Transportation n Premises Liability n Statutory Appeal: Other S Product Liability(does not include mass tort) r_1 Employment Dispute: Slander/Libel/Defamation Discrimination C rl Other: El Employment Dispute:Other Zoning Board Breach of Contract 'Z' 0 Other: — 0 Other: o MASS TORT ® Asbestos N C] Tobacco rl Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment Other: Ejectment Law/Statutory Arbitration ® Eminent Domain/Condemnation Q Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute ©Non-Domestic Relations PROFESSIONAL LIABLITY C] Mortgage Foreclosure:Residential Restraining Order Mortgage Foreclosure:Commercial ©Quo Warranto 0 Dental Q Partition r-1 Replevin rl Legal Quiet Title r1l Other: © Medical rl Other. Q Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JFC Medical, Inc. Plaintiff vs rn �'i Lindsay Carbone and 1 -ail aj,/ JJL Group, Inc. aka Method3 Staffing �6� -<> W Defendant ~C-z C �co —1,,1'1 56' NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 REAGER & ADLER, P.C. Theodore A. Adler, Esquire Attorney I.D. No. 16267 TAdler@ReagerAdlerPC.com Thomas O. Williams, Esquire Attorney I.D. No. 67987 TWilliams@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff JFC Medical, Inc. JFC Medical, Inc. IN THE COURT OF COMMON PLEAS OF 1520 Market Street CUMBERLAND COUNTY, Camp Hill, PA 17011, PENNSYLVANIA Plaintiff : V. No. Lindsay Carbone 2008 Alexis Drive CIVIL ACTION—EQUITY Harrisburg, PA 17110 and JURY TRIAL DEMANDED JJL Group, Inc., a/k/a Method3 Staffing : 17S. 19th Street Camp Hill, PA 17011, Defendants COMPLAINT IN EQUITY AND NOW comes Plaintiff, JFC Medical, Inc. ("JFC"), by and through its attorneys, Reager & Adler, P.C., and files the within Complaint and in support thereof makes the following averments: Parties 1. JFC is a corporation doing business under the laws of the Commonwealth of Pennsylvania with its principal place of business being 1520 Market Street, Camp Hill, PA 17011. It maintains offices in Cumberland, Dauphin, Franklin, Lancaster and York Counties in Pennsylvania. JFC is a personnel staffing company that provides staffing needs on a contract and direct hire basis. 2. Defendant Lindsay Carbone is an adult individual with a present address of 2008 Alexis Drive, Harrisburg, PA 17110. 3. Defendant, JJL Group, Inc., a/k/a Method 3 Staffing ("JJL") is, upon information and belief, a Pennsylvania corporation with its offices at 17 South 19th Street, Camp Hill, PA 17011. JJL provides staffing services for companies in Cumberland and Dauphin counties in Pennsylvania. Venue 4. Pursuant to Pa. R.C.P. 1006, venue in this court is proper because the Employment Agreement that is the subject of this subject matter of this action was executed by the parties in Cumberland County, Pennsylvania. CAUSE OF ACTION Breach of Contract (Covenant Not to Compete) 5. On May 15, 2012, as a condition of her being employed by JFC, Defendant Carbone entered into a valid written Employment Agreement under which terms JFC hired Carbone (the "Agreement"). A true and correct copy of the aforesaid Agreement is attached hereto,made a part hereof and marked as Exhibit"A." 6. In accordance with the Agreement, Defendant Carbone agreed, in consideration of her employment, training and salary,that, for 18 months from the termination of her employment she would not: "...directly or indirectly engage in any business for himself/herself or act as an employee/agent or be in association in any capacity with any other person or firm, engaged in similar business to JFC's or services currently engaged by JFC within 100 mile radius of any city in which a JFC office is located..." 7. The Agreement farther provides that JFC "shall be entitled, if it so elects to institute and prosecute proceeding in any court of competent jurisdiction either in law or in equity to obtain damages for any breach of the employee or to enjoin employee from performing services for any other person, firm or corporation...." 8. Pursuant to the Agreement, Defendant Carbone further acknowledged that an injunction shall be available to JFC in the event of a breach of the Agreement. 9. After being hired by JFC, Carbone received extensive training and management coaching from JFC which provided the training in reliance on the fact that Carbone would comply with the terms of the Agreement and, as a result,her training would be for the benefit of JFC and not for a competitor of JFC. 10. On March 28, 2013, Carbone notified JFC that she was voluntarily terminating her employment with JFC. The termination became effective on April 5, 2013. 11. By way of letter dated April 9, 2013, counsel for JFC advised Defendant Carbone of her obligations under the Agreement. A true and correct copy of this correspondence is attached hereto as Exhibit"B." 12. Following her voluntary resignation, JFC learned that Carbone was working for JJL, a direct competitor of JFC, at its offices in Camp Hill, Pennsylvania. 13. By letter dated April 9, 2013, counsel for JFC advised JJL of Defendant Carbone's obligations under the Agreement and requested that it confirm that Defendant Carbone had terminated her employment with JJL. A true and correct copy of this correspondence is attached hereto as Exhibit"C." No confirmation of termination was ever received by JFC. 14. Defendant Carbone continues to be employed by JJL. 15. The actions of Defendant Carbone, as set forth above, and her continuance of these activities, have caused and will continue to cause irreparable hard in that: (a) JFC will continue to suffer substantial loss of profits and fees now and indefinitely into the future; and (b) JFC will continue to suffer irreparable harm to its reputation in the eyes of its former and current customers and clients. 16. Defendant JJL is an indispensible party because it will receive and retain fees and profits as a result of the actions of Defendant Carbone that constitute violations of the covenant not to compete contained in the Agreement. 17. JFC has no adequate remedy at law in order to protect its business and property rights and restraint by injunction is necessary to afford adequate relief. WHEREFORE, Plaintiff JFC Medical, Inc., respectfully requests this Honorable Court to decree and enter an order directing as follows: (a) That an injunction issue preliminarily and for a period to continue until September 28, 2014, enjoining Defendant Carbone from employment with JJL or any other direct competitor of JFC Medical, Inc. as contained in the Agreement; (b) Defendants Carbone and JJL account to JFC Medical, Inc. for profits and income earned on all medical staffing assignments in which Defendant Carbone participated; and (c) That JFC Medical, Inc. be granted such other relief as the Court may deem just and appropriate. REAGER L R, P.C. Date: April 26, 2013 Theodore A. Adler, Esquire Attorney I.D. No. 16267 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff I \ ��/� AGREEMENT This Agreement,made and entered into this Z&day of !2Z44�- 20j by and between: JFC Temps,Inc. /JFC Global and JFC Medical,Inc. (Hereinafter referred to as "JFC") and Aereinafter rAerred to as "Employee") JFC Temps, Inc. operates temporary help services; JFC Global (Pro Temps, Inc.) operates direct hire/contract placement; JFC Medical, Inc. operates direct hire/contract placement; Terms: 1. JFC and EMPLOYEE shall be associated as employer and employee at a rate of compensation to be agreed upon between the parties; however, all bonuses, profit-sharing plans, insurance plans or other incentives and benefits will be and remain completely at the discretion of JFC JFC is not obligated to pay a bonus to any Employee. It is agreed that any bonus is not gratuity,without valued consideration,and legally unenforceable. From time to time JFC may have contests in which it is possible for the Employee to be eligible for a bonus. No such bonus shall be paid to an Employee who was eligible for a bonus if such Employee is not within the hire of JFC at the time such bonus is paid. 2. EMPLOYEE acknowledges that JFC will extend considerable time,effort and expense in training EMPLOYEE in the methods used by JFC and that EMPLOYEE will acquire confidential knowledge and information as to JFC's accounts, customers, and business patrons, as well as confidential knowledge and information concerning the methods,forms,and contracts used by JFC, in its direct hire or temporary placement divisions or any similar business providing such services, that JFC has expanded substantial sums of money for advertising,public relations,and otherwise to solicit customers for business and to recruit and indoctrinate applicants for placement on permanent and/or temporary positions,that EMPLOYEE will receive such experience that upon leaving JFC's employment for any reason, his engaging directly or indirectly, either alone or on behalf of or in conjunction with any other person, persons, partnerships or corporation, or to that of a duly authorized licensee of JFC of Camp Hill/Harrisburg/Carlisle/Lancaster/York/Chambersburg,or any other JFC office, such engagement will present irreparable harm and financial loss to JFC, all of which harm is not capable of precise or exact proof or calculation. Employee, while in the hire of JFC or within 18 months after leaving the hire of JFC will not directly or indirectly induce or attempt to influence any Employee to terminate his or her employment with JFC. 3. EMPLOYEE, therefore, agrees that he/she will not while in JFC's employ nor within a period of 18 months following termination of employment for any cause whatsoever, directly or indirectly engage in any business for himself/herself or act as an employee/agent or be in association in any capacity with any other person or firm engaged in a similar business to JFC's or services currently engaged by JFC within a 100 mile radius of any city in which a JFC office is located; EMPLOYEE acknowledges that doing so in any manner would interfere with, disturb, disrupt, decrease or otherwise jeopardize the business of JFC and its employees;nor will EMPLOYEE do anything which tends to take away or diminish the trade, business, or good will of JFC; nor will EMPLOYEE give to any other person or firm the benefit or advantage of JFC's methods or forms,or the knowledge,information, contact names,past or present customers, and experience acquired by EMPLOYEE while employed by JFC. 4. EMPLOYEE agrees upon termination of his employment with JFC for any reason whatsoever, to return to Mr. James Carchidi, Jr. or a designated representative of JFC all records, manuals, copies of records and papers pertaining to transactions handled by EMPLOYEE while associated with JFC; and in the event EMPLOYEE shall fail to do so, or in the event EMPLOYEE shall violate this instant agreement, EMPLOYEE shall forfeit all claims to unpaid commissions, bonuses and benefits without affecting the right of JFC to compel the return of said records,papers, and manuals. 5. Remedy for Breach. Both parties recognize that the services to be rendered under this Agreement by the Employee are special,unique,and of extraordinary character,and that in the event of the breach of JFC of terms and conditions of this Agreement to be performed by him or in the event Employee shall without the written consent of JFC leave its employment and perform, in the future, services for any person, firm or corporation engaged in a competing line of business with JFC, JFC shall be entitled, if it so elects, to institute and prosecute proceeding in any court of competent jurisdiction either in law or equity to obtain damages for any breach of the Employee or to enjoin Employee from performing service for any other person, firm or corporation, during the period herein contracted for,but nothing herein contained shall be construed to prevent such remedy in the courts, in case of any breach of this agreement by Employee as JFC may elect to invoke. In addition to JFC's right of action for sustained damages by a breach of said covenants,the parties hereto agree that JFC will have the further right to enforce these covenants by specific remedies,which shall include,among other things,temporary restraining orders and temporary and permanent injunctions. If JFC shall be required by applicable law to furnish a bond or other surety as a condition to the entry of an injunction or restraining order against Employee for or on account of the violation of these covenants,Employee hereby agrees that such bond or other surety may be in the minimum amount allowable by law. 6. Indemnity. Employee shall indemnify JFC against any damages, costs, and expenses, including reasonable attorney's fees, incurred in defending or comprising any claim arising out of Employee's wrongful behavior. This indemnity shall survive the termination of this Agreement. 7. Liabili . JFC shall not be liable to Employee for any expenses incurred by him,nor shall Employee be liable to JFC for office help or expense and the Employee shall have no authority to bind JFC by any promise or representation, unless specifically authorized in -writing to do so. Business related expenses, such as mileage to and from a business related function, shall be reimbursed to Employee on an expense account,according to limits set by management. 8. Waiver. Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any right of power hereunder at any one time or more times be deemed a waiver of relinquishment of such right of power at any one time or times. 9. SeverabiliLy. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision, 10. Modification. This Agreement cannot be changed, modified or discharged orally,but only as consented to in writing by both parties. It is further understood that, in the event of termination of employment for any reason or no reason, no commissions, bonuses or benefits shall be payable to EMPLOYEE other than the commissions or bonuses already paid and satisfied by draw amounts/guarantee periods or qualifying criteria at the time of termination. In addition,the Employee will be paid any PTO pay accrued,but not used, during Employee's anniversary year, at the time of termination, providing the Employee has met all criteria set forth in the employee policies and procedures guidelines. That the invalidity of any portion of this agreement shall not affect enforceability of the remainder. If any of these restrictions shall be unenforceable because they are for too long a period or too broad a geographical area,or for any reason whatsoever,employee agrees that the restrictions shall be effective for such period of time and such area and to such extent as they may be enforceable. Witness i t p loyee President/Owner Starting Salary: Effective Date: R:Forms:NON COMPETE AGREE ALL DIVISIONS 2/04 Theodore A.Adler" Susan H.Conlair David W.Reager Wayne S.Martin,P.E.- Linus E.Fenicle John P.Neblett- ,L 1 f' ATTORNEYS AND COUNSELORS AT LAW Thomas O.Williams Jay C.Whittle•" - - •Cerfilied Civil Trial specialist "Licensed to Practice in N.J. "'or Counsel April 9, 201 3 Writer's Email Address: TAdler @ReagerAdlerPC.com VIA FIRST CLASS U. S. MAIL Lindsay Carbone 2008 Alexis Drive Harrisburg, PA 17110 Re.: Employment with MetlioO/Staffing and Recruiting Dear Ms. Carbone: We represent JFC Medical, Inc. It is our understanding that you ]lave taken a position with Method3, a recruiting company in Camp Hill, PA. As you Flow, you signed an Employment Agreement when you went to work for JFC Medical in whicli you agreed that you would not go to work for another company that provides the same types of services as JFC for a period of 18 months following your termination. A copy of the Agreement you signed is attached. The non-compete provision of the Employment Agreement provides a geographical range of 100 miles. Method3 is located within the 100 mile geographical area of JFC's offices. By this letter, JFC is demanding that you terminate your employment with Method3 inunediately. If you fail to do so, JFC reserves the right to take legal action as provided for in the Employment Agreement. Please advise us immediately that you have terminated your employment with Method3. If we do not receive such written notification within 10 days of the date of this letter, further legal action will be taken without any additional notice to you. Very truly yours, m Theodore A. Adler TAA:als Enclosure cc: Ben Allatt, Vice President JFC Medical, Inc. Karen Goth Director of Human Resources P R 0 V E N R E S O U R C E S 2331 Market Street, Camp Hill, Pennsylvania 17011-4642 T: 717 7'63-1383 F: 717 730-7366 www.reager.adierpc.com • 1` - Theodore A.Adler* Susan H.Confair David W.Reager Wayne S.Martin,P.E.** Linus E.Fenicle John P.Neblett*** �- ` - ATTORNEYS AND COUNSELORS AT LAW Thomas O.Williams Jay C.Whittle*** - -- --- -- *Certified Civil Trial Specialist **Licensed to Practice in N.J. ***Of Counsel April 9, 2013 Writer's Email Address: TAdler @ReagerAdlerPC.com VIA FIRST CLASS U. S. MAIL John Laporta, Managing Partner Method3 Staffing 17S. 19th Street Camp Hill, PA 17011 Re: Lindsay Carbone Our CIient: JFC Medical, Inc. Dear Mr. Laporta: We represent JFC Medical, Inc. Lindsay Carbone was an employee of JFC Medical until April 5, 2013. As part of her employment, she signed an Employment Agreement with JFC. The Agreement contained a non- compete provision. The non-compete provision states that for a period of 18 months following Ms. Carbone's employment with JFC, she may not "directly or indirectly engage in any business for herself or act as an employee/agent or be in association in any capacity with any other person or firm engaged in a similar business to JFC's... within a 100 mile radius of any city in which a JFC office is located." A copy of the Employment Agreement is attached hereto for your reference. Ms. Carbone has advised JFC that she is now employed by your company. Your company provides the same types of services as does JFC. By separate letter we have advised Ms. Carbone of her obligations under the Employment Agreement and have advised her that she must resign her employment from Method3. Otherwise, JFC reserves the right to take appropriate legal action as provided for in the Employment Agreement. Please confirm that Ms. Carbone has terminated her employment with Method3. If we do not receive this written notification from your office within 10 days of the date of this. letter, JFC may take appropriate legal action without further notice to.Ms. Carbone or to your company. Very truly yours, Theodore A. Adler TAA:als Enclosure cc: Lindsay Carbone Ben Allatt, Vice President JFC Medical, Inc. Karen Goth, Director of Human Resources P R O v E N R E S O U R C E S 2331 Market Street, Camp Hill, Pennsylvania 17011-4642 T: 717 763-1383 F: 717 730-7366 www.reageradlerpc.com d VERIFICATION I, Karen Goth, hereby verify that I am the Director of Human Resources of JFC Medical, Inc., and, as such, I am authorized to verify that the averments of the foregoing Complaint are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §§4904, relating to unsworn falsification to authorities. JFC MEDIC C Dated: 4 Id( t By: K ren Goth CERTIFICATE OF SERVICE I, Alana L. Souders, Paralegal to Theodore A. Adler, Esquire, hereby certify that a true and correct copy of the foregoing Motion for Preliminary Injunction will be served upon the parties of record by the Sheriffs of Dauphin and Cumberland Counties along with service of the Complaint in this matter. Lindsay Carbone 2008 Alexis Drive Harrisburg, PA 17110 JJL Group, Inc., a/k/a Method3 Staffing 17S. 19`" Street Camp Hill, PA 17011 Dated: —J"—�D �� JFC MEDICAL, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT LINDSAY CARBONE and JJL GROUP, 2013-02319 CIVIL TERM INC., a/k/a METHOD 3 STAFFING Defendants IN EQUITY IN RE: ORDER FOR PRELIMINARY INJUNCTION ORDER OF COURT AND NOW, this 6th day of May 2013, upon consideration of Plaintiff's Complaint and Motion for Preliminary Injunction, and it appearing that irreparable harm will be done to Plaintiff by Defendant Carbone's continued employment with Defendant JJL Group, Inc., a/k/a Method 3 Staffing unless enjoined and it appearing that there is no adequate relief at law, it is ORDERED that pending a preliminary evidentiary hearing on .the continuance of this injunction: 1. Defendant Carbone is enjoined from employment by JJL Group, Inc., a/k/a Method 3 Staffing or any other direct competitor of JFC Medical, Inc. 2. Plaintiff shall post bond or other security in the amount of$500.00, naming the Commonwealth as obligee. BY TH T -a= - cx, r , 1 7J cm C:) ThorkasiA. Placey Distribution: A r" ,-Theodore A. Adler, Esq. Thomas O. Williams, Esq. i ,,41- Group, Inc., a/k/a Method 3 Staffing � hL -- ndsay Carbone V JFC MEDICAL, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT LINDSAY CARBONE and JJL GROUP, 201.3-02319 CIVIL TERM INC., a/k/a METHOD 3 STAFFING Defendants IN EQUITY IN RE: RULE TO SHOW CAUSE HEARING ORDER OF COURT AND NOW, this 6t" day of May 2013, it is hereby ORDERED that a Rule is issued upon Defendant to show cause why Plaintiff is not entitled to the relief requested in Plaintiff's Motion for Preliminary Injunction. A short evidentiary hearing on the disputed issues of material fact shall be held on 10 May 2013 at 1:30 p.m. in Courtroom No. 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Notice of this order shall be provided to all parties by Plaintiff, proof of which shall be filed with the Prothonotary prior to the hearing. ___ B-Y THI= G l�RT Thomas A. Placey C.P.J. Distribution: t/fheodore A. Adler, Esq. C-) = C= -` Thomas O. Williams, Esq. MW xM r ,JJL Group, Inc., a/k/a Method 3 Staffing �\� v', X indsay Carbone 0 �i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JFC MEDICAL, INC., Plaintiff, No. 2013-02319 CIVIL TERM V. IN EQUITY LINDSAY CARBONE and JJL GROUP, �c - h INC., a/k/a METHOD 3 STAFFING, < Defendants. "" T„- PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants, Lindsay Carbone and Method 3, Inc. in the above-captioned action. Richard C. Seneca, Esquire PA Supreme Court I.D.No. 49807 Seneca Law 564 Old York Road Etters, PA 17319 (717) 932-0465 CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Praecipe to Enter Appearance was served upon the following counsel by personal service at the Cumberland County Courthouse, I Courthouse Square, Carlisle,Pennsylvania on May 10,2013: Theodore A. Adler,Esquire Thomas O. Williams, Esquire Reager&Adler, P.C. 2331 market Street Camp Hill, PA 17011 Counsel for Plaintiffs Richard C. Seneca, Esq. F!f_L )_ - REAGER& ADLER, P.C. ' " ! 1 QTH0'NJ Theodore A. Adler, Esquire ;y� O AM 81 56 Attorney I.D. No. 16267 TAdler @ReagerAdlerPC.com CUMBERLAND COL));]-j,. Thomas O. Williams, Esquire PENNSYLVANIA' Attorney I.D. No. 67987 TWilliams @ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff JFC Medical, Inc. IN THE COURT OF COMMON PLEAS OF 1520 Market Street CUMBERLAND COUNTY, Camp Hill, PA 17011, PENNSYLVANIA Plaintiff V. No. 13-2319 Lindsay Carbone 2008 Alexis Drive CIVIL ACTION–EQUITY Harrisburg, PA 17110 and JURY TRIAL DEMANDED JJL Group, Inc., a/k/a Method3 Staffing 17S. 19th Street Camp Hill, PA 17011, Defendants PRAECIPE TO THE PROTHONOTARY: Please file the attached Returns of Service of record in the captioned docket. REAGER&ADLER, P.C. Date: May 9, 2013 — r, Thom.s O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff RETURN OF SERVICE On the 7th day of May, 2013, 1 Mary B. Kerns served John Laporta with the foregoing subpoena by: I personnally handed the subpoena and check to John LaPorta. I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Date: 5/7/2013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JFC Medical, Inc. 13-2319 Plaintiff File N0. VS. Lindsay Carbone Defendant SUBPOENA TO ATTEND AND TESTIFY TO: John Laporta,JJL Group,Inc.a/k/a Method3 Staffing, 17 S. 19th Street,Camp Hill,PA 17011 1. You are ordered by the court to come to Courtroom No. 6 of the Cumberland County Courthouse (Specify Courtroom or other place) at Carlisle , Cumberland County, Pennsylvania, onMay 10,2013 at1:30 o'clock,P K. to testify on behalf of JFC Medical,Inc. p in the above case, and to remain until excused. 2. And bring with you the following: See subpoena addendum. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: Thomas O.Williams,Esquire Address: Reager&Adler,P.C. 2331 Market Street,Camp Hill,PA 17011 Telephone: 717-763-1383 Supreme Court ID# BY THE COU Prothonotary/Clerk, Civil Division Date:—_�)� �D/...) Sea f the Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable,including hearings in connection with depositions and before arbitrators,masters,commissioners,etc. in compliance with Pa. R.C.P.No.234.1. If a subpoena for a production of documents,records or things is desired, complete paragraph 2. (Eff. 7/97) Addendum to Subpoena: All written employment agreements between Lindsay Carbone and JJL Group, Inc. a/k/a Method 3 Staffing. All written restrictive covenants and/or non- compete agreements between Lindsay Carbone and JJL Group, Inc. a/k/a Method 3 Staffing. And all written offers of employment and acceptance of offers between Lindsay Carbone and JJL Group, Inc. a/k/a Method 3 Staffing. RETURN OF SERVICE On the 7th day of May, 2013, I Mary B. Kerns served Jennifer Hicks with the foregoing subpoena by: Handing the subpoena and check to John LaPorta, who accepted service for Jennifer Hicks. I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: 5/7/2013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JFC Medical, Inc. 13-2319 Plaintiff File No. vs. Lindsay Carbone Defendant SUBPOENA TO ATTEND AND TESTIFY TO: Jennifer Hicks,JJL Group,Inc.a/k/a Method3 Staffing, 17 S. 19th Street,Camp Hill,PA 17011 1. You are ordered by the court to come to Courtroom No.6 of the Cumberland County Courthouse (Specify Courtroom or other place) at Carlisle , Cumberland County, Pennsylvania, on May 10,2013 atl:30 o'clock,P M,. to testify on behalf of JFC Medical,Inc. p in the above case, and to remain until excused. 2. And bring with you the following: See subpoena addendum. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: Thomas O.Williams,Esquire Address: Reager&Adler,P.C. 2331 Market Street,Camp Hill,PA 17011 Telephone: 717-763-1383 Supreme Court ID# BY THE COU Prothonotary/Clerk,Civil Division Date: alr Se of the Court C Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable,including hearings in connection with depositions and before arbitrators,masters,commissioners,etc. in compliance with Pa.R.C.P.No.234.1. If a subpoena for a production of documents,records or things is desired,complete paragraph 2. (Eff. 7/97) Addendum to Subpoena: All written employment agreements between Lindsay Carbone and JJL Group, Inc. a/k/a Method 3 Staffing. All written restrictive covenants and/or non- compete agreements between Lindsay Carbone and JJL Group, Inc. a/k/a Method 3 Staffing. And all written offers of employment and acceptance of offers between Lindsay Carbone and JJL Group, Inc. a/k/a Method 3 Staffing. E CERTIFICATE OF SERVICE I, Alana L. Souders, Paralegal to Thomas O. Williams, Esquire, hereby certify that a true and correct copy of the foregoing document will be served upon the parties of record by First Class U. S. Mail, postage prepaid, addressed as follows: Lindsay Carbone 2008 Alexis Drive Harrisburg, PA 17110 JJL Group, Inc., a/k/a Method3 Staffing 17S. 19th Street Camp Hill, PA 17011 Dated: May 9, 2013 REAGER&ADLER, P.C. 'E PRO fiN�, 11"'j A Theodore A. Adler, Esquire 2013 KAY s Attorney I.D. No. 16267 CUP�B ti Thomas 0.eWilliams, rE Esquire PENNsyLVA Cujq A Attorney I.D. No. 67987 TWilliams @ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff JFC Medical, Inc. IN THE COURT OF COMMON PLEAS OF 1520 Market Street CUMBERLAND COUNTY, Camp Hill, PA 17011, PENNSYLVANIA Plaintiff V. No. 13-2319 Lindsay Carbone 2008 Alexis Drive CIVIL ACTION—EQUITY Harrisburg, PA 17110 and JURY TRIAL DEMANDED JJL Group, Inc., a/k/a Method3 Staffing 17S. 19`" Street Camp Hill, PA 17011, Defendants PRAECIPE TO THE PROTHONOTARY: Please file the attached Certificate of Service of record in the captioned docket. REAGER& AD ER, P.C. Date: May 9, 2013 Tho ash . Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Alana L. Souders, Paralegal to Thomas O. Williams, Esquire, hereby certify that I have caused true and correct copies of this Court's Orders of May 6, 2013 to be served via First Class U.S. Mail, postage prepaid, and Certified U.S. Mail, Return Receipt Requested as evidenced by the attached U.S. Postal Service Return Receipts, upon the following parties of record: Lindsay Carbone 2008 Alexis Drive Harrisburg, PA 17110 JJL Group, Inc., a/k/a Method3 Staffing 17S. 19`" Street Camp Hill, PA 17011 Dated: May 9, 2013 - 2 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. SIgnatu`4 Item 4 If Restricted Delivery Is desired. U ❑Agent III Print your name and address on the reverse X ,� so that we can return the card to you. 13 Addressee B. ReceivVd'bj Delivery K Attach this card to the back of the mailpiece, \Ij(Printed Name) or on the front If space permits. 1. Article Addressed to: D. Is delivery address different from Ite, 1? If YES,enter delivery address below: ❑No T- I I cJl� 3. Service Type P� XCertffled Mail ❑Express Mail ❑Registered E3 Return Receipt for Merchandise nw ❑Insured Mail ❑C.O.D. 4. R6sWcted Delivery?(Extra Fee) ❑yes 2. Article Number I' - (Transfer from service label) 7003 2260 0001 2319 0688 ps form 3811,February 2004 Domestic Return Receipt 102595-0240,11540, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION• DELIVERY re ■ Complete items 1,2,and 3.Also complete A. Agent item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse X TAW ❑Addresses so that we can return the card to you. 8. hued by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front If space permits. D. is delivery address different from item 1? E3 Yes I. Article Addressed to: If YES,enter delivery address below: ❑No 3. Service Type 1 C4rfflW Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 0 0 CG 0671 11 23Y 2 6,0, 03 7 Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1 540 USPS.00m®-Track&Confirm https:H tools.usps.com/go/TrackConfirrnAction.action?tLabels=700322... 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Find„ LEGAL ON USPS.COM ON ABOUTUSPS.COM OTHER USPS SITES Privacy Policy> Government Services> About USPS Home> Business Customer Gateway> Terms of Use) Buy Stamps&Shop) Newsroom> Postal Inspectors> FOIA> Print a Label with Postage> Mail Service Updates> Inspector General> No FEAR Act EEO Data> Customer Service> Forms&Publications, Postal Explorer> Delivering Solutions to the Last Mile> Careers> Site Index) Copyright©2013 USPS,All Rights Reserved. 1 of 1 5/9/2013 1:53 PM a ' CERTIFICATE OF SERVICE I, Alana L. Souders, Paralegal to Thomas O. Williams, Esquire, hereby certify that a true and correct copy of the foregoing document will be served upon the parties of record by First Class U. S. Mail,postage prepaid, addressed as follows: Lindsay Carbone 2008 Alexis Drive Harrisburg, PA 17110 JJL Group, Inc., a/k/a Method3 Staffing 17S. 19th Street Camp Hill, PA 17011 Dated: May 9, 2013 9 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JFC MEDICAL, INC., Plaintiff, No. 2013-02319 CIVIL TERM CD V. IN EQUITY M -< -Orr, LINDSAY CARBONE and JJL GROUP, INC., a/k/a METHOD 3 STAFFING, ,-- --+ Defendants. ' DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND NOW, come Defendants, by and through their legal counsel, to respond to Plaintiff's Motion for Preliminary Injunction as follows: 1. Denied. Plaintiff's averments are denied. .By way of further Answer, Defendants' Answer to Complaint is not due but when filed the averments of the same shall be deemed incorporated herein as if set forth at length. 2. Denied. The averments of this paragraph are specifically denied. To the contrary, Defendant, Carbone's employment with Method 3, Inc. is not in violation of any former contract between Defendant, Carbone and Plaintiff. 3. Denied. The averments of this paragraph are specifically denied. To the contrary, at no time has Defendant, Carbone engaged in improper conduct and at no time has Plaintiff suffered any injury including, but not limited to, substantial loss of profits and fees or harm to its reputation. 1 WHEREFORE, Defendants respectfully request that this Honorable Court deny Plaintiff's Motion for Preliminary Injunction. Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 Seneca Law 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Defendants. 2 VERIFICATION I verify that the statements made in the foregoing Defendants' Motion to Plaintiff's Motion for Preliminary Injunction are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. say arb U— Dated: �J VERIFICATION I verify that the statements made in the foregoing Defendants' Motion to Plaintiff's Motion for Preliminary Injunction are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Jo . Laporta sident Method 3, Inc. Dated: CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Defendants' Response to Plaintiff's Motion for Preliminary Injunction was served upon the following counsel by personal service at the Cumberland County Courthouse, 1 Courthouse Square,Carlisle, Pennsylvania on May 10, 2013: Theodore A. Adler, Esquire Thomas O. Williams, Esquire Reager& Adler, P.C. 2331 market Street Camp Hill, PA 17011 Counsel for Plaintiffs Richard C. Seneca, Esq. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ' Chief Deputy Richard W Stewart Z, Solicitor OM, JFC Medical, Inc. Case Number vs. Lindsay Carbone (et al.) 2013`-2319"" SHERIFF'S RETURN OF SERVICE 04/29/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lindsay Carbone, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint&Notice, Motion for Preliminary Injuction, Complaint in Equity, Order for Preliminary Injunction and Rule according to law. 05/03/2013 01:46 PM- Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice, Motion for Preliminary Injuction, Complaint in Equity, Order for Preliminary Injunction and Rule by handing a true copy to a person representing themselves to be Jason McClain, Resource Manager, who accepted as"Adult Person in Charge"for JJL Group, Inc. a/k/a Method3 Staffing at 17 South 19th Street, Camp Hill Borough, Camp Hill, PA 17011. �rkga� U�a�'e4L G ' e2 WI AM LINE, DEPUTY 05/06/2013 The requested Complaint& Notice returned by the Sheriff of Daup in C ty, the within named Defendant Lindsay Carbone, not found. Jack Lotwick, Sheriff, Retu of Service attached to and made part of the within record. SHERIFF COST: $69.95 SO ANSWERS, May 10, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Toleosoft,Inc. M , jot rd ` Shelle Ruhl Jack Duignan Real Esta e Deputy ? n Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JFC MEDICAL, INC. VS County of Dauphin LINDSAY CARBONE Sheriff s Return No. 2013-T-1397 OTHER COUNTY NO. 2013-2319 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for LINDSAY CARBONE the DEFENDANT named in the within COMPLAINT IN EQUITY & MOTION and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MAY 6, 2013. PER VINCENT CARBONE, FATHER OF DEFENDANT AND RESIDENT OF ADDRESS 2008 ALEXIS DRIVE,HARRISBURG, PA 17110 -THE DEFENDANT NO LONGER RESIDES THERE. THE DEFENDANT'S ADDRESS IS ON FRONT STREET IN WORMLEYSBURG,PA. NO FURTHER INFORMATION. Sworn and subscribed to So Answers, before me this 8TH day of May, 2013 Sheriff oVff C a. �Y COMMONWEALTH OF PENNSYLVANIA D uty Sheri NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin county Sheriffs Costs: $47.25 5/3/2013 My Commission Expires August 17,2014 JFC MEDICAL INC. , : ] IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT v CIVIL ACTION -LAW 2013-2319 CIVIL TERM LINDSAY CARBONE AND JJL GROUP, Defendants IN RE: PRELIMINARY INJUNCTION . ORDER OF COURT AND NOW, this 10th day of May, 2013, following a preliminary hearing, the continuation of the preliminary injunction is denied and the previously issued injunction is dissolved. There will be no further relief granted at this time. By the Court, Thomas A Placey C. P. J. c Thomas 0. Williams, Esquire c 2331 Market Street "03: -� Camp Hill, PA 17011 /For Plaintiff r� Richard C. Seneca, Esquire =,= ' 564 Old York Road Etters, PA 17319 c= a�a For Defendants cn :mae I'es 1'a2.y�C 5 �?I13 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA JFC MEDICAL, INC., Plaintiff, No. 2013-02319 CIVIL TERM V. CIVIL ACTION - EQUITY LINDSAY CARBONE and JJL GROUP, INC., a/k/a METHOD 3 STAFFING, Defendants. f, rn NOTICE TO PLEAD 6 � ca TO: Plaintiff, JFC Medical, Inc. -� c Q c/o Theodore A. Adler, Esquire - v Thomas O. Williams,Esquire 2331 Market Street Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed Answer and New Matter to Complaint in Equity within twenty(20) days from service hereof or a judgment may be entered against you. Richard C. Seneca, Esquire Attorney for Defendants 1 DEFENDANTS' ANSWER &NEW MATTER TO COMPLAINT IN EQUITY AND NOW, come Defendants, by and through their legal counsel, to answer the Complaint as follows: Parties 1. Admitted in Part and Denied in Part. It is admitted only that JFC is a corporation doing business under the laws of the Commonwealth of Pennsylvania. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph and the same are deemed denied. 2. Admitted in Part and Denied. It is admitted only that named Defendant is Lindsay Carbone. The remaining averment is denied. 3. Denied. The averments of this paragraph are denied. To the contrary, the proper party defendant is Method 3, Inc. which is a Pennsylvania corporation with its offices at 17 South 19`h Street, Camp Hill, Pennsylvania. By way of further answer, said Defendant provides various services including recruitment outsource processing. Venue 4. Denied. The averments of this paragraph constitute conclusions of law as opposed to statements of fact and no response is required. CAUSE OF ACTION Breach of Contract(Covenant Not to Compete) 5. Denied as Stated. Defendant, Carbone was a party to an Agreement dated May 15, 2012, with Plaintiff(the"Agreement"). 2 6. Denied. To the contrary, the Agreement between Plaintiff and Defendant, Carbone is a writing which speaks for itself. 7. Denied. To the contrary, the Agreement between Plaintiff and Defendant, Carbone is a writing which speaks for itself. 8. Denied. To the contrary, the Agreement between Plaintiff and Defendant, Carbone is a writing which speaks for itself. 9. Denied. It is specifically denied that after being hired by JFC, Defendant, Carbone received extensive training and management coaching from JFC which provided the training in reliance on the fact that Carbone would comply with the terms of the Agreement and, as a result,her training would be for the benefit of JFC and not for a competitor of JFC. 10. Denied. To the contrary, on or about March 28, 2013, Defendant, Carbone notified JFC that she was resigning from its employ and gave two weeks advance notice. By way of further answer,JFC discharged Defendant, Carbone from its employ prior to the last day of work designated by Defendant, Carbone. 11. Denied. To the contrary, the letter from Plaintiff to Defendant, Carbone is a writing which speaks for itself. By way of further answer, Defendant, Carbone denies the validity of the averments in the letter. 12. Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and the same are deemed denied. 13. Denied. To the contrary, the letter from Plaintiff to "Method3 Staffing" is a writing 3 which speaks for itself. By way of further answer, Defendant, Method 3, Inc. Denies the validity of the averments of the letter. 14. Denied. The averments of this paragraph are denied. To the contrary, the proper party Defendant is Method 3, Inc. 15. Denied. The averments of this paragraph are denied. To the contrary, Defendant, Carbone's employ by Method 3, Inc. has not and will not cause any harm to JFC. 16. Denied. The averments of this paragraph constitute conclusions of law as opposed to statements of fact and no response is required. 17. Denied. The averments of this paragraph constitute conclusions of law as opposed to statements of fact and no response is required. NEW MATTER 18. The averments of paragraphs 1 through 17 of this Answer and New Matter are incorporated herein as if set forth at length. 19. Defendant, Method 3, Inc. does not engage in the same types of services as does Plaintiff. 20. Defendant, Carbone is not engaged in the same type of employment with Defendant, Method 3, Inc. as was Defendant, Carbone engaged with Plaintiff. 21. Plaintiff has hired employees of Method 3, Inc. and its predecessor entities. 22. Plaintiff continues to attempt to hire employees of Method 3, Inc. despite knowing that said employees are the subject of a restrictive covenant in their employment agreements with Method 3, Inc. 23. Defendant, Carbone has not taken from Plaintiff any clients or other confidential information. 4 24. Plaintiff's restrictive covenant is not reasonable as to time or place. 25. Plaintiff has failed to provide adequate consideration in return for the post-employment restrictive covenant that it required Defendant, Carbone to execute. 26. Defendants raise the defense of estoppel. 27. Defendants raise the defense of the doctrine of unclean hands. 28. Defendants raise the defense of failure of consideration. 29. Defendants raise the defense of justification. WHEREFORE, Defendants respectfully request that this action be dismissed and this Honorable Court grant them such other relief as is allowable under Pennsylvania law. Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 Seneca Law 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Defendants. 5 VERIFICATION I verify that the statements made in the foregoing Answer and New Matter to Complaint in Equity are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Jo . aporta r ent 3, Inc. Dated: VERIFICATION I verify that the statements made in the foregoing Answer and New Matter to Complaint in Equity are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. 01r, L' dsay Ca Dated: Z� �. CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Defendants' Answer and New Matter to Complaint was served upon the following counsel by depositing the same in the U.S. Mail, First z� Class,postage prepaid on May 2013, at Etters, Pennsylvania: Theodore A. Adler, Esquire Thomas O. Williams, Esquire Reager&Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Counsel for Plaintiff Richard C. Seneca, Esq. �f r -M C-- �..._ -73 CD REAGER& ADLER, P.C. ' ' Theodore A. Adler, Esquire Attorney I.D. No. 16267 TAdler @ReagerAdlerPC.com Thomas O. Williams, Esquire Attorney I.D. No. 67987 TWilliams @ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff JFC Medical, Inc. JFC Medical, Inc. IN THE COURT OF COMMON PLEAS OF 1520 Market Street CUMBERLAND COUNTY, Camp Hill, PA 17011, PENNSYLVANIA Plaintiff V. No. 2013-2319 Lindsay Carbone 2008 Alexis Drive CIVIL ACTION—EQUITY Harrisburg, PA 17110 and JURY TRIAL DEMANDED JJL Group, Inc., a/k/a Method3 Staffing 17S. 19th Street Camp Hill, PA 17011, Defendants PLAINTIFF'S REPLY TO NEW MATTER 18. No responsive pleading required. 19. Denied. By way of further answer, it is alleged that Defendant Method3, Inc. does in fact engage in the same or similar services as does the Plaintiff. 20. Denied. By way of further answer, it is alleged that Defendant Carbone does in fact engage in the same type of employment with Defendant Method3, Inc. as she was when she was employed with Plaintiff. 21. Denied. 22. Denied. 23. Denied. By way of further answer, it is alleged that Defendant Carbone in fact has taken from Plaintiff confidential information regarding Plaintiff's marketing strategies, techniques and procedures, billing, and other confidential and proprietary information regarding the strategies employed by the Plaintiff relating to its clients, all of which Defendant Carbone had access to during her employment with Plaintiff. 24. Denied. It is specifically denied that the restrictive covenant of the Plaintiff is not reasonable as to time or place. To the contrary, it is reasonable as to both time and geographic restriction. By way of further answer, Defendant Method3, Inc.'s own restrictive covenants are far more restrictive than are the Plaintiff's restrictions contained in the restrictive covenant which is the subject of this lawsuit. 25. Denied. The averments of paragraph 25 constitute conclusions of law to which no responsive pleading is required. To the extent that an answer is judicially deemed required, Plaintiff alleges that it has in fact provided more than adequate consideration in return for the restrictions agreed to by Defendant Carbone including, but not limited to, a promotion, additional monetary compensation and additional valuable training. n 26. Denied. The averments of paragraph 26 constitute conclusions of law to which no responsive pleading is required. 27. Denied. The averments of paragraph 27 constitute conclusions of law to which no responsive pleading is required. 28. Denied. The averments of paragraph 28 constitute conclusions of law to which no responsive pleading is required. 29. Denied. The averments of paragraph 29 constitute conclusions of law to which no responsive pleading is required. WHEREFORE, Plaintiff, JFC Medical, Inc. respectfully requests that this Honorable Court enter judgment on its Complaint against the Defendants. REAGER& A P C Date: May 31, 2013 Theodo e A. Adler, Esquire Attorney I.D. No. 16267 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff VERIFICATION 1,Karen Goth,hereby verify that.I am the Director of Human Resources of JFC Medical, Inc., and,as such, I am authorized to verify that the averments of the foregoing Answer to New Matter are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. JFC MEDICAL, INC. Dated: By. Jn kGoth } 0 I JFC Medical, Inc. IN THE COURT OF COMMON PLEAS OF 1520 Market Street Camp Hill, PA 17011, CUMBERLAND COUNTY, • PENNSYLVANIA Plaintiff v. No. 13-2319 Lindsay Carbone 2008 Alexis Drive C Harrisburg, PA 17110 IVIL ACTION—EQUITY and JJL Group, Inc., a/k/a Method3 Staffing JURY TRIAL DEMANDED 17 S. 19' Street Camp Hill, PA 17011, Defendants CERTIFICATE OF SERVICE I, Alana L. Souders, Paralegal to Thomas O. Williams, Esquire, hereby certify that a true and correct copy of the foregoing document will be served upon the following counsel of record by First Class U. S. Mail, postage prepaid, addressed as follows: Richard C. Seneca, Esquire Seneca Law 564 Old York Road Etters, PA 17319 Dated: May 31, 2013