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Home My WebLink About04-6168 F.\FILES\DATAFILE\General\Current\112253 pra Created: 1218104 11.40AM Revised: 12/8/04 1.I8PM 11225.3 MICHAEL KRALL, and INSPECT TECH LLC, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. {)V -&/& c( CIVIL TERM HOMECHEK, INC. Defendant CIVIL ACTION - LAW PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please issue a Writ of Summons against Homechek, Inc., with a business address at 1529 Rodney Road, York, Pennsylvania, 17404, and a registered address at 1522 Hollywood Parkway, York, Pennsylvania, 17403, and have the Sheriff serve same on the business address or in the alternative, its registered address. MARTSON DEARDORFF WILLIAMS & OTTO Date: December 8, 2004 By (J:t'fW Carl C. Risch, Esquire LD. No. 75901 Christopher E. Rice, Esquire LD. No. 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs ~~ ~~\5z .~ ~~$l;\ ~ 0 ~6 ~Si ,-JO ...c:.. ~ \j\ ?:~\ \J'. _.~ ~:] ~ C? c.-;:;> ..r:- Cl p-' (.-"") I co --0 ..J..... o -n 1.-n ('\"If'" -0 \1l :.u t'J 01 _.4C1 m'I-"" \ ;;') :!.~ ..,0 ,.-. n' ~:?~ -..,. ~:~~ --, (...~ <-1"\ c....",J Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Michael Krall Inspect Tech LLC Plaintiff Court of Common Pleas Vs. No. 04-6168 In CivilAction-Law Homecheck Inc 1529 Rodney Road York, PA 17404 1522 Hollywood Parkway York, PA 17403 Defendant To Homecheck Inc., You are hereby notified that Michael Krall and Inspect Tech LLC the Plaintiff has I have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date December 8, 2004 CURTIS R. LONG Prothonotary .) (\} 1 By Jl. - - i uK ldUrrllJilO'fl 7FTLDeputy . ,--- Attorney: Carl C. Risch, Esq. Name: Address: Ten East High Street Carlisle, P A 17013 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ill No. 90916 TRUE COpy FROM RECORD In Testim')ny whereof, I here unto set my hand ;~~ the seal Of2ai Court a~liSle, Pa. ,J ~....~....... yet; \ ..... ." ~ . ~ - .... ...... .... '" . '.' .. ... .. , Prot onotary ( F IFILESIDA T AFILElGenerallCurrentl 11225.3 .com Created: ]218/04 1I:40AM Revised: 12/17104 8'48AM 11225.3 MICHAEL KRALL, and INSPECT TECH LLC, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6168 CIVIL TERM HOMECHEK, INC. Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: December 17, 2004 ~ORFF WILLIAMS & OTTO Carl C. Risch Attorney J.D. 75901 Christopher E. Rjce Attorney J.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs MICHAEL KRALL, and INSPECT TECH LLC, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6168 CIVIL TERM HOMECHEK, INC. Defendant ACTION FOR DECLARATORY JUnGMENT 1. Plaintiff Michael Krall is an adult individual with a place of business at 950 Walnut Bottom Road, Suite 16, Carlisle, Pennsylvania 17013. 2. Plaintiff Inspect Tech LLC is a Pennsylvania business with a registered address at 950 Walnut Bottom Road, Suite 16, Carlisle, Pennsylvania 17013. 3. Defendant, Homechek, Inc., is a Pennsylvania business with an address at 1529 Rodney Road, York, Pennsylvania, 17404, and a registered address at 1522 Hollywood Parkway, York, Pennsylvania, 17403. 4. On or about December 7,2004, Defendant, by and through its counsel, sent a letter to Plaintiff Krall at his place of business in Cumberland County, Pennsylvania. A true and correct copy of the letter is attached hereto as Exhibit "A." 5. Defendant has created a case or controversy by alleging in Exhibit A an agreement exists which prohibits Plaintiffs from operating as a home inspe(;tion company and by threatening to take legal action against Plaintiffs. 6. On or about December 8, 2004, Plaintiffs initiated this action against Defendant by filing a Praecipe for Writ of Summons in this Court. 7. Plaintiffs believe, and therefore aver, that there are no agreements in existence that could be used to enjoin Plaintiffs' business activities and that Defendant's letter has placed a cloud on Plaintiffs' enterprise which requires judicial intervention. WHEREFORE, Plaintiffs request that this Court declare that there are no agreements between Plaintiffs and Defendant which restrict Plaintiffs' business activities and grant any other such relief this Court deems appropriate. Date: December \ t , 2004 MARTSON DEARDORFF WILLIAMS & OTTO Byc.GUj2e I.D. No. 75901 Christopher E. Rice I.D. No. 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs SENFT LAW FIRM 345 BAST MARUJ." S1'.RSEl: YORK, PaNNSYLVAWA 114Cl3 (717) 8.S4-S 1;Z4 FAX(711)S43-~9Q fsenftrcascnft1aw.c~m lOF.lN L. SENFT DiJ'llct DW (717) 843-5363 December 7 t 2004 VIA TELECOPY (717) 2494871 AND FEDERAL EXPRESS Mr. Michac:1 Krall Inspect Tech, LLC 950 Walnut Bottom Road. Suit~ 16 Carlisle, PA 17013 Re: :Employment Agreem~nt~ith Bomc1t:bek, Ine. Dear Mr. KJ:all: Our office represents HOD1ecbeks Inc:. Earlier today, I had the opportUnity to meet with Steve Johnson to discuss your business acti:vitics following your resigna:t:ion as an inspector with Homecheck on. or about August 31, 2004. More specifically, it bas recently come to my client', l!1tl:tmtion that you ha'Ve established n horne inspection business 'With the trade name: Inspect Tech, LLC. This business directly competes with Homcchek in the territori~ that you personally serviced during your employment with Homechek. Mr. Johnson further advises that you ha1Je actively contacted customers aDd refexra1 sources ofHomec:hek for the explicit puzpose of soliciting business on behalf of Inspect Tech. As you are !\VarC. :IS part of your terms and eonditiclDS of employment with Homtchek, you signed. an Employment Agreement on Aprill, 2003) a c:opy of which is enclosed foe your review. .As set forth at Paragraph 5 (a) of'the Agreement. you are prohibited :6:om engaging in competition with Homechek within 1\ 1 DO-mile mdius of its office for l1 period of two years from the effective date ofY(I1~ rcsignati.o.n. Moreover, Para81'Rph 5(b) of the Agreement prob:1'bits you from soliciting clients, customers, or other entities with whom Bomechek maintained a business rclaticlnship during the 12~month period prior to your resignation. Finally, Paragraph 6 of the Agreement proluoits your use or disclosure of trade seCofttS belonging to Homechek. EXHIBIT A Mr. Michael Krall Page 2 Your actions of establishing a competing business 'within 100 IIliles of Homeehok's oBice and c;ontaeting Homcchck's customc::tS and referral sources flagrantly violate your duties and rcspoDSibilitics as S~ forth in 1he Employment Agreement. Homeehck made a substaIltial investment in training you as an inspector and placed you in a position of trust by io.trodueing you to its CUStomers and re!ettal SOU1'te~ all of whom were personally eultivated by Homechck at great expense fltld effort. Simply stat=d. Homechck cannot and. will not tolerate your attemptS to establish a compc:rting business and to underminc its "I8luablc =stamer relationsbips, and it is fully prepared to take ~y and aU stc:ps which. it deems necessary to protect its legal iIlterests, I am writing to advise you. that 'I3n1ess you immediately discol:1ti.nue all b\1Siness activities in violation of your Employment Agreement, HOlncchek has instructed our office to file legal action agaiIlst you. Any such action will include a:rc:quest for injunctive rcllefrestrainiDg you from engaging in competition within the agreed-upon 1 DO-mile radi'US and from soliciting Homcchek's c:ustomm aud :referral sources. In addition, Homechek will seek to recover all monctzlry damages resulting nom your breach of the Agreement Finally~ in accordance with Paragraph 8 oftbe Agretm.en~ our client will request the reimburscm1:I1t of all attorneys' fees in~ by it m connection with any litigation to enforce the Agreement. We are providing you with an opport\mity to contact: us conceming your willingncss to di3continue all activities in violation of the Agreement. Howevert in light of the 5crlous nature of your misconduct and the immediate and irreparable hann you. are causing our cli~f's business. it is necessary that we bear fro.m you no later than the close of business on December 9, 2004. Absmt a response from ~rou within this time frame, we will assume that you arc not interested in resolving this ttla.tter 'Without legal actiou and will proceed aceorcli.ngly. Very truly ~YOUXS ~ ~1:. \) John L, Senft cc: Mr. Steve Johnson VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~ ~I/lf Michael Krall Dated: I VI 7 jJl( VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthe document:is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, in:D)rmation and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Inspect Tech LLC ~ By: ~ t~f1 Dawn M. Shugh Dated: I:} - / -::; - 0 i CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Action for Declaratory Judgment was served this date by depositing same in the Post Office at Carlisle, P A, certified mail, return receipt requested, postage prepaid, addressed as follows: Homechek, Inc. 1522 Hollywood Parkway York, PA 17403 MARTSON DEARJDORFF WILLIAMS & OTTO BY~'/ (j .fkRd J qu. ne A. Decker East High Stn:et Carlisle, PA 17013 (717) 243-3341 Date: December 17, 2004 Attorneys for Plaintiffs F:IFlLESIDA T AFlLE\Gen.eralICUlTent\ 11225. 3 pra.sat Created 217105 0:57PM Revised, 2n105 \'.11.PM MICHAEL KRALL, and INSPECT TECH LLC, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION v. NO. 04-6168 CNIL TERM HOMECHEK, INC. Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please settle and discontinue the above matter without prejudice. MARTS ON DEARDORFF WILLIAMS & OTTO ByU~L <; ~ Christopher E. Rice, Esquire Attorney LD. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: February 7, 2005 CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Neil A. Slenker, Esquire STOCK and LEADER Susquehanna Commerce Center East - Suite 600 221 West Philadelphia Street York,PA 17404 MARTSON DEARDORFF WILLIAMS & OTTO By f7 fA ,(} flJ./J./ q ine A. Decker en ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: February 7,2005 (" ('( , ( ) ",1 f":- (,,,; - . . ... SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-06168 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KRALL MICHAEL ET AL VS HOME CHECK INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HOMECHECK INC but was unable to locate Them In his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 31st I 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 24.50 .00 61.50 01/31/2005 MDW&O So answers: ~ ~~:;~~#'.'.;,' ~/;;...~ R~ Thomas Kline C Sheriff of Cumberland County .,..;" Sworn and subscribed to before me this 3-t-A... day of j..L~ .20(') ~ A. D . . \ Q l--,_ '~11l ~. <.. J ~.' ,~. ----; ~ Prothonotary COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/51 2 COURT NUMBER Michael Krall et al Homecheck Inc SERVE { 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. He TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD ....... Homecheck Inc ..,... 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT. ITY. BORO, 1WP. STATE AND ZIP CODE) AT 1529 Rodne Road York, PA 17404 1522 Hollywood Parkway York, PA 17403 7. INDICATE SERVICE Cl PERSONAL 0 PERSON IN CHARGE DE' IZE I..J CERT MAl\. 01ST CLASS MAIL U POSTED U OTHER Cunber.Land December 10 , 20~ I, SHERIFF OF ~ COUNTY, P~,do hereby d~p~ti~ the sheriff of . . Y?rk . COUNTY. to. execut~~~:'Jl,~~~,{~tu,~P-1l$if.~~ording to law. ThiS deputlzatlon being made at the request and risk of the plaIntiff. I ;-;"~'2._' SHERIFF OF __ COUNTY Cumberlan):l ~t.JUACD~- C~ Thank ~ou. U Writ of Surrmons 0CCA- 3 DEFENDANT/51 NOW 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE Please mail return of service to Cumberland County Sheriff. ~ oJJ.,.V Q~ NOTE: ONLY APPLICABLE ON WRIT OF EXE UTION: . T HMAN - Any deputy shenff levying upon Of attaching any property under within wnl may leave same without a watchman. in custody of whomever is found in po ssion, after notifying person of levy or attachment. WIthout liabllity on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof . 9. 1,. DATE FILED ,oL( 13. I acknowledge receipt of the writ Of complaint as indicated above. 16. HOW SERVED SEE REMARKS BELO' v \j()? 41 AFFIRMED and subsct;!~ to ~fore me th.s_-,:....,....... ;", ,.. -. j L. " 1/ 'i 42 day of J" 11 . 2o-)~ 43. W:W~'-'>! 1/ / V~,~~ f ~/NG'rARY 44. Signature of Dep. Sherift 46. Signature of York .- J' - ~o'ftx &h~pft .~ \. .~u..J.,_;.l'J ll, /!'~~ 45.r 47 OAT 1 .7 .7--1 5..0:; 48. Signatute of Foreign County Shenft 50. I ACKNO\M.EDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issumg Authority 2. PINK - Altomey 3. (',.ANARY - Sheriffs Office 4 BLUE - Shenff's Oflice 49 DATE 51 DATE RECEIVED