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HomeMy WebLinkAbout13-5360 Supreme Court`6 P.eunsylvartia r lo,' Cuurt of Common::Pleas For Promonomry uaeotdy: Crvfl Cover.Sheet ! Docket No: -ftt, a, ,tzr� County 13- )-366 h' Inlormotion 'llec[ad on this p '- r o""" for ours ad,,on n rtion nurpo s Thte fi,w does not supplementer replace the r mR an'l sea ee u'pleadmils or otna. pnpc s as -guired hi•law o,).../e, o1 coin's. Commencement of Action EK S Complaint E] Writ of Summons El Petition ❑ Transfer from Another Jurisdiction ❑ Deelarabon ofT.king E C Lead Plaintiffs Name: Lead Detendant s Name. Dollar Amount Requested! ❑tvidtin eHrilioa limits I Are money damages requested? ®Yes El No (check one) ®ovaide arbitration limits O N Is this a Class Action Suit? ❑Yes O No Is this an NJDJAppeal? ❑ Yes ® No A Name o f P lunfiff'Appd lanfs A[tomey: s'�_�n_� ❑ Cbeck here if vuu hose nn attorric (are a Sclf-Rcpreseu tad [Pro Sul Litiai!art ! Nature oft e Case: Place at."X"to the left of the ONE case category that most accurately describes your PRIAL RYCASE. If you are making more than one type of claim,check the one that you consider most important. TORT Wo.mnndude,tl ss 7art7 CONTRACT (do mtindude CIVIL APPEALS © Intentional ❑ Buser Plaintiff .Addy risrsative Agencies ❑ Malicious Prosecution ❑ Debt Collection.Credit Card ❑ Boardof Assessmert © Motor s,chicle ❑ Debt Ce:lectiom Other ❑ Board of Elections ❑ Nuisance ❑ Dept of Iransoortation © Premises Liabiiity ❑ Statutory Appeal: Other S ❑ Product Liability (does not include mass tart) ❑ Employment Dispute E Slander L ibel,'Defamation Discrimination C RSI.d. ❑ Em.p.osmcnt Dispute:Other ❑ Zoning Board Other T -- __—__ _ __ - ❑ Other: 1 _ Q other - - - O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ "toxic Tort-DES ❑ To.<ic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Othco ❑ Eminen nt ❑ Common LaJudgmenory Arbitrenon B ❑ Emmert Doma!n'Conde!nnatron ❑ Declara[on Judgment ❑ Ground Rent Q Mandamus ❑ Landlord!Tenant Dispute ❑ Son-Domestic Relations ❑ bforDage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial El Quo Watrante ❑ Dental ❑ Partition ❑Replevin © Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other. ❑ Other Pmfcstional'. Oprened 111/1011 Ronald L. Fines, Esquire u. Sup. Ct. I.D. No. PA 89985 ME 11E, EVANS & WOODSIDE 3401 North Front Street I larrisburg, PA 17110 phone: (717) 232-5000 Fax: (717) 236-1816 rlfinck almctte.com SEAN CONVILLE and ATLANTIC IN THE COURT OF COMMON PLEAS OF "TACTICAL, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs. v. Docket No. ,JOHN DOES 1-10, Defendants JURY TRIAL DEMANDED 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 Von 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 PlaintifY You may lose money or property or other rights important to you. YOU SHOULD TAKE TIIIS PAPER TO YOUR LAWYER A ONCE. IF YOU DO NO"I I[AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR I ELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO IIIRE A LAWYER, '1 141S OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMAJ ION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FFF. 3 5-(a 47 GIB-N"I67,q y 2N14 JOh Cumberland Countv liar Association 34 S. Bedford St. Carlisle. PA 17013 Telephone: (717)249-3166 Ronald L. Finck, Esquire Sup. Ct. I.D. No. PA 89985 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232-5000 Fax: (717) 236-1816 rlfinck(r)mette.com SEAN CONVILLE and ATLANTIC IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., CUMBERLAND COUNTY. PENNSYLVANIA Plaintiffs. V. Docket No. JOHN DOHS 1-10. Defendants JURY TRIAL DEMANDED COMPLAINT Plaintiffs, Sean Conville ("Conville") and Atlantic Tactical, inc. ("Atlantic"factical"), (collectively referred to as "Plaintiffs"), file this Complaint alleging as follows: PARTIES 1- Conville is an adult individual residing at 2380 Woodstream Way, Lucia, Pennsylvania 17025-1351. 2. Atlantic Tactical is a Pennsylvania business corporation with a principal place of business at 772 Corporate Circle, New Cumberland, Pennsylvania, 17070-2349. 3. The true names and capacities, whether individual, corporate, associate or otherwise, of Defendants, John Does 1 through 10 (collectively the "Defendants"). are currently unknown to Plaintiffs. 4. Upon information and belief, these Defendants include those operating under, inter cilia the alias 'Tiger Chung Lee.' 5. The Defendants have gone to great effort to shield their identities to hide themselves from the consequences of their defamatory conduct, and to facilitate the continuation of their defamatory and injurious conduct as described below. As such, Plaintiff therefore sues Defendants by the fictitious names John Does 1-10, and will seek leave of Court to amend this Complaint to allege their true names and capacities once they are ascertained. OPERATIVE FACTS 6. Atlantic Tactical operates a tactical store headquartered in New Cumberland, Pennsylvania that supplies uniforms and equipment for law enforcement 7. Atlantic Tactical operates four (4) retail stores and directly solicits customers through the use of outside sales representatives, vendors, catalogues, and a website. S. Atlantic 'I actical provides public safety equipment and uniforms to police, lire protection, emergency medical service, security.and military personnel throughout the United States. 9. Conville is the President of Atlantic Tactical. 10. At some point prior to Wednesday, August 21, 2013 �aa,) 19:23:27 -0400, the Defendants authored a newsletter titled *Atlantic City Police and Expo News' under the name 'Tiger Chung I_ec' (the 'Newslettei 2 11. The Newsletter was sent to sales representatives of Atlantic Tactical and to Atlantic Tactical' s competitors via email from tiyerchungleenoutlook.com. A copy of the newsletter is attached hereto as Exhibit `A' and made a part hereof by reference. 12. The Newsletter purports to be a transcript of an interview of Conville about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 13. At no point did Conville submit to an interview about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 14. The Newsletter attributes the following language to Conville: "While I am NOT a fan of Barack Obama, he is going to go down in hi.siory as the single r cutest gun salesman in hislov, he makes Sam Colt look like u " "Sometimes 1 thank God for crazy people They do wonders for my bottom line. " In Graduate School they taught us to never let a tragedy go to waste. " "l am not a fan ofunions, they always seem to have their hands out and expect to be "donated"to. That doesn't happen here in Pd, but in W you have to pay to play, it was worlh the monetary invesunent." 15. The Newsletter also attributes pejorative statements about women to Conville. 16" Contrary to the statements made in the Newsletter, Conville was not interviewed by anyone and did not make any of the statements attributed to him in the Newsletter. 17. The Newsletter was distributed to sales representatives, vendors,and competitors of Atlantic Tactical via electronic transmission. The exact scope of the dissemination of the Newsletter is presently unknown to the Plaintiffs. 18. The Newsletter intentionally misleads the readers into believing that Conville gave the interview and made the statements attributed to him. 3 19. 1 h statements in the Newsletter were false, malicious, intentional, and damaging at the time they were being made and they remain wholly false in substance and in fact. 20. 'I he statements and innuendos contained in the Newsletter are defamatory of the Plaintiffs as they intended to convey the following to readers of the Newsletter: a. that Conville's professional judgment, character, motivations, and decision making is flawed, questionable, and unprofessional; b. that the Plaintiffs are dishonest, unqualified, and do not work well with their subcontractors; c. that Conville has a pejorative view of women and minorities in Atlantic Tactical s industry; d. that Plaintifs use dishonest tactics to sell Atlantic I actical's products; e. that Atlantic Tactical is negligent in the handling of its goods(i.e. guns and suppressors); f. that Atlantic Tactical seeks to profit off of tragedies suffered by others; and g. that Atlantic Tactical and/or Conville has political and social views that others are likely to find offensive. 21. In engaging in the above-referenced activities, the Defendants have caused damage to the Plaintiffs. 22. Plaintiffs have been required to retain the services of a Private Cyber Investigator and should be entitled to reimbursement of the investigation fees and litigation costs involved in prosecuting this matter. 4 23. Defendants' actions described herein were wanton, willful, oppressive and/or exhibited a reckless indifference to the rights of the Plaintiffs such that punitive damages are warranted in an amount sufficient to punish Defendants- and deter future misconduct. COUNT l - DEFAMATION/LIBEL 24. The allegations set forth in the preceding paragraphs are incorporated herein. 25. Defendants have defamed and/or libeled Plaintiffs by willfully authoring defamatory information about the Plaintiffs. 26. Upon information and belief, Defendants have intentionally harmed Plaintiffs' reputations- and business by authoring and disseminating false and defamatory statements and attributing them to the Plaintiffs. 27. The publication of the Newsletter was a calculated effort to harm the Plaintiffs' reputations by lowering them in the estimation of the community and/or to deter third persons from associating or dealing with the Plaintiffs. 28. The information written ascribes to the Plaintiffs conduct, character,and/or a condition that ad%Crsel7 affects the Plaintiffs' fitness for the proper conduct of their proper business, trade, and/or profession. 29. Upon information and belief, Defendants purposefully tried to hide their identity by authoring the newsletter anonymously utilizing a name which was designed to disguise their defamatory actions and true identities. 30. Defendants' actions have caused direct harm to Plaintiffs' business, trade, profession, occupation and harm to Plaintiffs' reputation in an amount in excess of$50,000. WI IFRITORfi, Plaintiffs' respectfully request that this Court enter judgment against the Defendants in an amount in excess of$50,000 together with interest, costs, attorneys' fees,and 5 punitive damages. Plaintiffs further request such other relief as is deemed just and appropriate under the circumstances. COUNT II - INVASION OF PRIVACY/FALSE LIGHT 31. The allegations set forth in the preceding paragraphs are incorporated herein. 32. The Defendants communicated the false Newsletter to the public or to so many persons that the matter must be regarded as substantially certain to become one of public knowledge within the community. 33. By communicating, directing and/or participating in the communication of the Newsletter. the Defendants gave publicity to matters concerning the Plaintiffs before the public in a false light. 34. Publicizing the matters set forth in the Newsletter would be, and was, highly offensive to a reasonable person. 35. The Defendants knew that the statements contained in the Newsletter were false and that readers would, or were likely to, perceive the Plaintiffs in a false and negative light. WI IEREF0RF, Plaintiffs' respectfully request that this Court enterjudgment against the Defendants in an amount in excess of$50,000 together with interest, costs. attorneys' lees, and punitive damages. Plaintiffs further request such other relief as is deemed just and appropriate under the circumstances. Respectfully submitted. ME I I F. FVA�NS & WOODSIDE By: Ronald L. Finck, Esquire 6 Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 1-larrisbarg. PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816- Fax Allorne)s jar Plaingff s Date: September 10, 2013 7 VERIFICATION I, Sean Conville , hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. To the extent the language of the forgoing document is that of counsel, I have relied upon counsel in making this Verification. DATE: ( 7 Sean Conville c6MM __ ____ �M ----_ . --,�-__ _._-s- Atlantic Police • • Security Expo News Interview with Atlantic Tactical Honcho Sean Convilte By TerChung Lec -t .P� I got to speak with Sean Conville, Honcho of Atlantic Tactical. Mr. Conville is the former President of AT, having recently given tom. controlling interest of the company to his sister, _ so, as he describes it"Can be more competitive - in the industry,that now see's fit to give a leg up to minorities and women". Tell me about Atlantic Tactical... I started Atlantic Tactical when I bought out the company Safety League, which is still the Iff company's official name,but Atlantic Tactical is more in keeping with our target market of Police Officers and SWAT or Tactical Teams. I took a course in graduate school in this. We supply the Northeast quarter of the country with all manner of Police Supply, from Uniforms, to concealable body armor to duty gear and all manner of law enforcement procurement needs. Do you have a background in Law Enforcement or Military? I know many law enforcement officers and military types, and have empathized with their mindset. I have read their books and shared drinks with them on many occasions. I don't necessarily feel that I have to wear a uniform to understand what a cop goes through on the street, or to know what he needs out on the street, I empathize more with the decision makers at the top of the chain of command. In fact, my job is to convince, to cajole, to bring the decision makers of a department into the fold on the product my company sells. That's the bottom line. The gun carriers out there follow orders from the top. The decision makers are my target market. I took a course in graduate school in thus. Has your rapid growth caused any problems? Well, we expanded into the New York Market, We are also opening stores in Boston and Virginia. Some things got misplaced, we lost a few guns, and some suppressors wound up missing. What's the big deal?We are the Seal Team of Retail Stores. The ATF and these other Federal agencies need to re read the Second Amendment. The Unions are happy,and now the Feds need to get with the program....... (Continued) How do you feel about the new gun laws being implements across the country in light ofthe tragedies like Aurora and Sandy Hook. While those tragedies are sad, it has increased my market share of fire arms sales 100 fold, I can't keep guns in stock, in fact it recently enabled me to buy my baby, a gold plated Gading Gun I keep in my office. While I am NOT a fan of Barack Obama, he is going to go down in history as the single greatest gun salesman in history,he makes Sam Colt look like a pussy. Sometimes I thank God for crazy people They do wonders for my bottom line. In Graduate School they taught us to never let a tragedy go to waste> You recentlygot the New York State Count and Nassau County Police Departments concealable vest contract, there were some problems.... Yes we did, the NY State Courts was problematic because of the amount of female officers they have. Females are difficult to size, they are usually out of shape, and overweight, and we subject to fluctuations every 28 days. The Nassau Contract, and NY State Courts contracts were facilitated by The Safariland reps [;S friendship with the unions. I am not a fan of unions, they always seem to have their hands out _ and expect to be "donated"to. That doesn't happen here in PA,but in NY you have to pay to play, it was worth the monetary investment. What do you seefor the future? Soon I will be replacing all of my retired law enforcement reps with real Sales People, those who can give me 24/7 and not complain or threaten to bring in unions.This will enable me to comer the market on all Police Supply Business in the Northeast. I like the look of a Mom and Pop organization,but make no mistake, this will be a fortune 500 company if I have to hire mercenaries to do it. Just call me Gordon Gekko 2 C �m N N<jl o _- Ronald L. [-nick. Esquire - D�+ 3 Sup. Ct. I.E. No. PA 89985 c- ME"I FE, EVANS & WOODSIDE 3401 North Front Street - I Iarrisburg, PA 17110 Phone: (717) 232-5000 Fax: (717) 236-1816 rlfinek0a mette.com SEAN CONVILLE and A"FLANTIC IN 'I HE COURT OF COMMON PLEAS OF TACTICAL. INC.. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. Docket No. 13 � JOAN DOES 1-10, Defendants JURY TRIAL DEMANDED MOTION REQUESTING WAIVER OF SERVICE REQUIREMENTS OF PA. R.C.P. No. 4009.21 AND LEAVE TO SERVE SUBPOENA ON THE MICROSOFT CORPORATION Plaintiffs, Sean Conville (*'Conville") and Atlantic Tactical, Inc. ("Atlantic Tactical"), (collectively referred to as "Plaintiffs'), file this Motion Requesting Waiver gj3ervice Requirements gfP(e R C.R. No- 4009.21 and Leave io Serve Subpoena on the Microsoft Corporation, as follows: 1. Plaintiffs file this Motion concurrently with the filing of their Complaint in the above-captioned matter. 'the averments of the Complaint are incorporated herein as if fully set forth. 2. As more fully explained in the Plaintiffs' Complaint, the true names and capacities, whether individual, corporate, associate or otherwise, of Defendants, John Does I through 10 (collectively the "Defendants'), are currently unknown to Plaintiffs. 3. Upon information and belief, these Defendants include those operating under, over alia, the alias 'Tiger Chung I.cc.' 4. 1 he Defendants have shielded their identities to hide themselves from the consequences- of their defamatory conduct against the Plaintiffs. 5. At some point prior to Wednesday, August 21, 2013 @ 19:23:27 -0400, the Defendants authored a newsletter titled `Atlantic City Police and Expo News' under the name 'Tiger Chung Lec' (the "Newsletter"). 6. "the Newsletter was disseminated to sales representatives and vendors of Atlantic Tactical and to Atlantic Tactical' s competitors via email from tiaercliunelce(Doutlook.com. A copy of the newsletter is attached to the Plaintiffs' Complaint as Exhibit `A' and made a part hereof by reference. 7. The Newsletter purports to be a transcript of an interview of Conville, president of Atlantic "Tactical, about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 8. At no point did Convilte submit to an interview about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 9. The Newsletter attributes the following language to Conville: "While 1 Lou NOT a fan oJ'Barack Obama, he is going m go down in history as the single r caleet gun salesman in hislorL. he snakes Sam Colt look like a ".Sometbnes l thank God jor cra_y people They do wondersJor my hollom line. " in Graduole .School then laaghl as to never lei a tragedy go 10 14 aste." "I am not a,fan ofunions, They alwtrys seem to have their hands out and expect to be "donated"to That doesn't happen here in Pd, but in NY you have to pay to play, it was worth the monelary investment." 10. The Newsletter also attributes pejorative statements about women to Conville. 11, Contrary to the statements made in the Newsletter. Conville was not interviewed by anyone and did not make any of the statements attributed to him in the Newsletter. 12. 'rhe Newsletter was distributed to sales representatives, vendors,and competitors of Atlantic Tactical via electronic transmission, I he exact scope of the dissemination of the Newsletter is presently unknown to the Plaintiffs. 13. The Newsletter intentionally misleads the readers into believing that Conville gave the interview and made the statements attributed to him. 14. 1 he statements-in the Newsletter were false. malicious, intentional, and damaging at the time they were being made and they remain wholly false in substance and in fact. 15. 'f he statements and innuendos contained in the Newsletter are defamatory of the Plaintiffs as they intended to convey the following to readers of the Newsletter: a. that Conville's professional judgment, character, motivations, and decision nmking is flawed_questionable, and unprofessional. b. that the Plaintiffs are dishonest, unqualified, and do not work well with their subcontractors; c. that Conville has a pejorative view of women and minorities in Atlantic Tactical's industry; I that Plaintiffs use dishonest tactics to sell Atlantic I actical's products; e. that Atlantic Tactical is negligent in the handling of its goods (i.e. guns and suppressors); 3 f, that Atlantic Tactical seeks to profit off of tragedies suffered by others; and g. that Atlantic Tactical and/or Conville has political and social views that others are likely to find offensive. 16. Plaintiffs believe that the Microsoft Corporation maintains records that will assist the Plaintiffs in identifying the Defendants and the scope of the Defendants' dissemination of the defamatory Newsletter described above. 17. In order to ascertain the identities of the Defendants and the scope of their dissemination. Plaintiffs seek to subpoena records from the Microsoft Corporation by serving a subpoena on the Microsoft Corporation. A true and correct copy of the draft subpoena to be served upon the Microsoft Corporation is attached hereto as Exhibit `A' and made a part hereof by reference. 19, The Microsoft Corporation is not a party to the above-captioned lawsuit. 19. Because the Microsoft Corporation is not a party to this lawsuit. the Plaintiffs' right to serve a subpoena on the Microsoft Corporation is governed by Rule 4009.21 of the Pennsylvania Rules of Civil Proccdurc. 20. Rule 4009.21(a) of the Pennsyh ania Rules of Civil Procedure provides as follows: (a) A party seeking production from a person not a party to the action shall give written notice to every other party of the intent to serve a subpoena at least twenty days before the date of service. A copy of the subpoena proposed to be served shall be attached to the notice. 21. Because the identities of the Defendants are presently unknown to the Plaintiffs, the Plaimills at unable to comply with Rule 4009.21(a) of the Pennsylvania Rules of Civil Procedure. 4 22. Accordingly, the Plaintiffs file this Motion requesting the Court to waive the requirements of Rule 4009.21 of the Pennsylvania Rules of Civil Procedure and to grant the Plaintiffs leave to serve the draft subpoena that is attached to this Motion as Exhibit `A.' 23. Because the identities of the Defendants are unknown. Plaintiffs' counsel is unable to seek the concurrence of counsel in the filing of this Motion as required by Cumberland County Local Rule 208.2(d). 24. No judge has ruled on any other issue in this case or any related matter. 25. This Court has authority to grant the relief requested by virtue of Pa. R.C.P. No. 126. WHERFFORF. the Plaintiffs respectfully request that this Court waive the requirements of Rule 4009.21 of the Pennsylvania Rules of Civil Procedure and grant the Plaintiffs leave to serve the Microsoft Corporation with the attached subpoena. Plaintiffs further request such other relief as the Court deems just and appropriate under the circumstances. Respectfully submitted, METTE, EV ANS^&WO/yODSIDE By: an /� " Wk,-7 A Ronald L. Frock, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 I farrisburg, PA 17110-0950 (717)232-5000 - Phone (7 t 7)236-1816- Pax Attorneys for Plaintits Date: September 10. 2013 5 __ h---�.._ G-,t'�� J' � 7L �-�-- SEAN CONVILLF, and ATLANTIC IN THE COURT OF COMMON PLEAS OF "FAC h[CAL, INC.. CUMBERLAND COUNTY, PENNSYLVANIA Plaintil Ls. v. Docket No. JOHN DOHS I-10, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULF. 4009.22 TO'. Microsoft Corporation Ann: Online Services Custodian of Records MSN Outlook, One Microsoft Way Redmond. WA 98052-6300 Within twenty(20)days after service of this Subpoena, you are ordered by the Court to produce the following documents m things'. Please see attached. at. Cyher Investigation Services Processing Center 4516 I lighway 20 E. NC20 Nicevillce Fl,32578 You may deliver or mail legible topics of the documents or produce things requested by this subpoena,together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF I I IE FOLLOWING PERSON, Name: Ronald 1.. Finck. Esquire Address: Mette. Evans & Woodside 3,101 North Front Street P. O. Box 5950 I larrisburg. PA 17110-0950 Telephone: (717) 232-5000 Supreme Court ID9 89985 A"I-FORNEY FOK: Plaintiffs, Sean Conville and Atlantic Tactical, Inc. BY THE COUR"r: DATE:_ Seal o(the Court 668343,1 (Prothonotary) Return of Service: On the day of 2013, 1. _ served with the foregoing subpoena by: (Name of Person Served) (Describe method of service) I verify that the statements in this return of service are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ys 4904 relating to unsworn falsification to authorities. Date: (Signature) ATTACHMENT The plaintiffs request that you produce all records described below. In addition, to preserve the evidence, you should construe all instances of the words "produce" or "provide" to mean, "preserve." This information is directly relevant to identifying the individual(s)responsible for libelous or harassing statements, and related to the above-captioned ease. The information should be readily accessible to you by computer search, and accessing it should not prove to be unduly burdensome. Please produce the following for each IP address or phone number listed below: 1. SPECIFIC EMAIL: tiaerchunslec�cloutlook.com DAME/'TIME: Wed. 21 Aug 2013 19:23:27 -0400 Email included an attachment newsletter with the following false and defamatory comments: "While I am NOT a fan of Barack Obama, he is going to go down in history as the simple greatest gun salesman in history, he makes Sam Colt look like a p---------" "Sometimes I thank God for crazy people. They do wonders for my bottom line." "Soon I will be replacing all of my retired law enforcement reps with real Sales People, those who can give me 24/7 and not complain or threaten to bring in unions". "I his will be a fortune 500 company if I have to hire mercenaries to do it." 2. Insomuch as it is possible, please produce the following information for the above services including but is not limited to: a) Date Account was established; b) Name of Users that established the account.and are current owners or billpayers for the account. c) Address. Phone numhcrs of Users that established the account, and arc current owners or billpayers for the account. d) Additional email addresses, phone numbers, physical addresses associated with the account. e) Media Access Control address (MAC address),Computer type, and Browser type for each conneelion/session, it that information is stored and recorded. 1) type of account associated with the IP address, ie Dynamic or Static IP g) Please provide a detailed record of every IP (Internet Protocol Address) that has logged into the account from August 21, 2013 to August 30, 2013. Please include date accessed, time accessed. THIS IS NOT A REQUEST FOR THE CONTENTS OF ANY EMAIL MESSAGES or other communications sent to or from the user's described herein and protected by relevant laws, ifvou construe any requests herein to be protected by applicable laws, we request that you ignore only those specific requests and provide whatever information you are able at this time, preserve what you cannot or will not produce, and kindly advise the basis for the information you have withheld. I his production and preservation request applies to REGISTRANT INFORMATION, IP LOGS, BILLING RECORDS, EMAIL ADDRESSES, and IDENTIFYING INFORMATION associated with the foregoing requests. If this request is descriptively deficient in any way we request that you preserve the information requested and any additional information that will help us identify the individual that utilized or accessed the services described above. Should you have any questions concerning this request please contact investigations(dcyberinvestigationservices.com. or call us at 813-315-8484. We respectfully ask that you fax the requested information to us at (813) 333-7346, before mailing the original to: Cyber Investigation Services Processing Center 4516 Highway 20 E, H220 Niceville_ PL 32578 w,copy to: Ronald L. Finck, Esquire Mette, Evans & Woodside 3401 North Front Street I iarrisburg, PA 17110 V M yJ ^ . J SEAN CONVILLE and ATLANTIC IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. Docket No. 1 JOHN DOES 1-10, Defendants JURY TRIAL DEMANDED ORDER GRANTING WAIVER OF SERVICE REQUIREMENTS OF PA. R.C.P. No. 4009.21 AND LEAVE TO SERVE SUBPOENA ON THE MICROSOFT CORPORATION AND NOW, this day of , 2013, upon consideration of the Plaintiffs' Motion Requesting Waive or Service Requirements of Pa. R.C.P. No. 4009.21 and Leave to Serve Subpoena on the Microsoft Corporation, it is hereby ORDERED that the said Motion is GRANTED. Plaintiffs may immediately serve a subpoena to the Microsoft Corporation. BY THE COURT (J) Distribution: ca " Ronald L. Finck, Esq.,'Mette, Evans & Woodside, 3401 North Front Street, Harrisburgol� 17110; Phone: (717) 232-5000; Fax: (717) 236-1816; rlfinck @mette.com MCC 1T-y�w� U�" v• cnr- c o cam n CD 0%' 0 � 668364v1 .s• 1} � i'-1 •ni �• 2131 11 0 ffr 2: { PENt S Y Y• CQUN NIA Ronald L. Finck, Esquire Sup. Ct. I.D. No. PA 89985 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232-5000 Fax: (717) 236-1816 rlfinck @mette.com SEAN CONVILLE and ATLANTIC : IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. : Docket No. 13-5360 Civil Term JOHN DOES 1-10, : JURY TRIAL DEMANDED Defendants MOTION REQUESTING WAIVER OF SERVICE REQUIREMENTS OF PA. R.C.P.No. 4009.21 AND LEAVE TO SERVE SUBPOENA ON CSC HOLDINGS,INC Plaintiffs, Sean Conville ("Conville") and Atlantic Tactical, Inc. ("Atlantic Tactical") (collectively referred to as "Plaintiffs"), file this Motion Requesting Waiver of Service Requirements of Pa. R.C.P. No. 4009.21 and Leave to Serve Subpoena on CSC Holdings, Inc., as follows: 1. Plaintiffs filed a Complaint in the above-captioned matter on September 10, 2013. The averments of the Complaint are incorporated herein as if fully set forth. 2. As more fully explained in the Plaintiffs' Complaint, the true names and capacities, whether individual, corporate, associate or otherwise, of Defendants, John Does 1 through 10 (collectively the "Defendants"), are currently unknown to Plaintiffs. 3. Upon information and belief, these Defendants include those operating under, inter alia, the alias `Tiger Chung Lee.' 4. The Defendants have shielded their identities to hide themselves from the consequences of their defamatory conduct against the Plaintiffs. 5. At some point prior to Wednesday, August 21, 2013 @ 19:23:27 -0400, the Defendants authored a newsletter titled `Atlantic City Police and Expo News' under the name `Tiger Chung Lee' (the "Newsletter"). 6. The Newsletter was disseminated to sales representatives and vendors of Atlantic Tactical and to Atlantic Tactical' s competitors via email from tigerchunglee @outlook.com. A copy of the newsletter is attached to the Plaintiffs' Complaint as Exhibit `A' and made a part hereof by reference. 7. The Newsletter purports to be a transcript of an interview of Conville, president of Atlantic Tactical, about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 8. At no point did Conville submit to an interview about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 9. The Newsletter attributes the following language to Conville: "While I am NOT a fan of Barack Obama, he is going to go down in history as the single greatest gun salesman in history, he makes Sam Colt look like a p . If "Sometimes I thank God for crazy people They do wonders for my bottom line. " "In Graduate School they taught us to never let a tragedy go to waste." 2 "I am not a fan of unions, they always seem to have their hands out and expect to be "donated"to. That doesn't happen here in PA, but in NY you have to pay to play, it was worth the monetary investment." 10. The Newsletter also attributes pejorative statements about women to Conville. 11. Contrary to the statements made in the Newsletter, Conville was not interviewed by anyone and did not make any of the statements attributed to him in the Newsletter. 12. The Newsletter was distributed to sales representatives, vendors, and competitors of Atlantic Tactical via electronic transmission. The exact scope of the dissemination of the Newsletter is presently unknown to the Plaintiffs. 13. The Newsletter intentionally misleads the readers into believing that Conville gave the interview and made the statements attributed to him. 14. The statements in the Newsletter were false, malicious, intentional, and damaging at the time they were being made and they remain wholly false in substance and in fact. 15. The statements and innuendos contained in the Newsletter are defamatory of the Plaintiffs as they intended to convey the following to readers of the Newsletter: a. that Conville's professional judgment, character, motivations, and decision making is flawed, questionable, and unprofessional; b. that the Plaintiffs are dishonest, unqualified, and do not work well with their subcontractors; c. that Conville has a pejorative view of women and minorities in Atlantic Tactical's industry; d. that Plaintiffs use dishonest tactics to sell Atlantic Tactical's products; e. that Atlantic Tactical is negligent in the handling of its goods (i.e. guns and suppressors); 3 f. that Atlantic Tactical seeks to profit off of tragedies suffered by others; and g. that Atlantic Tactical and/or Conville has political and social views that others are likely to find offensive. 16. Plaintiffs, with leave of this Court previously submitted a subpoena to the Microsoft Corporation ("Microsoft") seeking records that would assist the Plaintiffs in identifying the Defendants and the scope of the Defendants' dissemination of the defamatory Newsletter described above. 17. On or about January 10, 2014, Microsoft submitted a response to the Plaintiffs' subpoena. 18. In its response, Microsoft disclosed the Internet Service Provider and Internet Protocol address from which the defamatory Newsletter was disseminated. 19. The Internet Service Provider identified in the information provided by Microsoft was Optimum Online which is believed to be affiliated with CSC Holdings, Inc. 20. In order to ascertain the identities of the Defendants and the scope of their dissemination, Plaintiffs seek to subpoena records from CSC Holdings, Inc. by serving a subpoena on CSC Holdings, Inc. A true and correct copy of the draft subpoena to be served upon CSC Holdings, Inc. is attached hereto as Exhibit `A' and made a part hereof by reference. 21. CSC Holdings, Inc. is not a party to the above-captioned lawsuit. 22. Because CSC Holdings, Inc. is not a party to this lawsuit, the Plaintiffs' right to serve a subpoena on CSC Holdings, Inc. is governed by Rule 4009.21 of the Pennsylvania Rules of Civil Procedure. 4 23. Rule 4009.21(a) of the Pennsylvania Rules of Civil Procedure provides as follows: (a) A party seeking production from a person not a party to the action shall give written notice to every other party of the intent to serve a subpoena at least twenty days before the date of service. A copy of the subpoena proposed to be served shall be attached to the notice. 24. Because the identities of the Defendants are presently unknown to the Plaintiffs, the Plaintiffs are unable to comply with Rule 4009.21(a) of the Pennsylvania Rules of Civil Procedure. 25. Accordingly, the Plaintiffs file this Motion requesting the Court to waive the requirements of Rule 4009.21 of the Pennsylvania Rules of Civil Procedure and to grant the Plaintiffs leave to serve the draft subpoena that is attached to this Motion as Exhibit `A.' 26. Because the identities of the Defendants are unknown, Plaintiffs' counsel is unable to seek the concurrence of counsel in the filing of this Motion as required by Cumberland County Local Rule 208.2(d). 27. The Honorable Edward E. Guido entered an Order on the Microsoft subpoena. No other judge of this Court has ruled on any other issue in this case or any related matter. 28. This Court has authority to grant the relief requested by virtue of Pa. R.C.P. No. 126. WHEREFORE, the Plaintiffs respectfully request that this Court waive the requirements of Rule 4009.21 of the Pennsylvania Rules of Civil Procedure and grant the Plaintiffs leave to serve CSC Holdings, Inc. with the attached subpoena. Plaintiffs further request such other relief as the Court deems just and appropriate under the circumstances. 5 Respectfully submitted, METTE, EVANS & WOODSIDE By: Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 -Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: January 29, 2014 6 • SEAN CONVILLE and ATLANTIC : IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, • v. : Docket No. 13-5360 Civil Term JOHN DOES 1-10, • Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CSC HOLDINGS, INC(Cablevision Systems) Subpoena Compliance Group Bethpage,NY 11714 Within twenty(20)days after service of this Subpoena,you are ordered by the Court to produce the following documents or things: Please see attached. at: Cyber Investigation Services Processing Center 4516 Highway 20 E. #220 Niceville, FL 32578 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the Certificate of Compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena,within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Ronald L. Finck, Esquire Address: Mette,Evans& Woodside 3401 North Front Street, P. O. Box 5950, Harrisburg, PA 17110-0950 Telephone: (717)232-5000 Supreme Court ID# 89985 ATTORNEY FOR: Plaintiffs, Sean Conville and Atlantic Tactical, Inc. BY THE COURT: DATE: Seal of the Court 695886v1 (Prothonotary) Return of Service: On the day of , 2013, I, , served with the foregoing subpoena by: (Name of Person Served) (Describe method of service) 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: (Signature) ATTACHMENT The Plaintiffs request that you produce all records described below. In addition, to preserve the evidence, you should construe all instances of the words "produce" or"provide"to mean, "preserve." This information is directly relevant to identifying the individual(s)responsible for libelous or harassing statements, and related to the above-captioned case. The information should be readily accessible to you by computer search, and accessing it should not prove to be unduly burdensome. Please produce the following for each IP address or phone number listed below: 1. INTERNET PROTOCOL ("I.P.") ADDRESS LOG RECORDS for Screen Names, Authors, IP Addresses, Log Records, Telephone Numbers, Addresses,Names Of Registrants, Addresses , email addresses associated with: a. 24.185.53.115 on May 22, 2013 @ 9:29:18 am PST b. 69.117.98.155 on August 21, 2013 @ 12:22:18 PM 2. Insomuch as it is possible, please produce the following information for the above services including but is not limited to: a) Date Account was established; b) Name of Users that established the account, and are current owners or billpayers for the account. c) Address, Phone numbers of Users that established the account, and are current owners or bill-payers for the account. d) Additional email addresses,phone numbers, physical addresses associated with the account. e) Media Access Control address (MAC address), Computer type, and Browser type for each connection/session, if that information is stored and recorded. f) Type of account associated with the IP address, ie Dynamic or Static IP g) Please provide a detailed record of every IP (Internet Protocol Address)that has logged into the account on May 22, 2013 and August 21, 2013. Please include date accessed and time accessed. THIS IS NOT A REQUEST FOR THE CONTENTS OF ANY EMAIL MESSAGES or other communications sent to or from the user's described herein and protected by relevant laws, if you construe any requests herein to be protected by applicable laws, we request that you ignore only those specific requests and provide whatever information you are able at this time, preserve what you cannot or will not produce, and kindly advise the basis for the information you have withheld. This production and preservation request applies to REGISTRANT INFORMATION, IP LOGS, BILLING RECORDS, EMAIL ADDRESSES, and IDENTIFYING INFORMATION associated with the foregoing requests. If this request is descriptively deficient in any way we request that you preserve the information requested and any additional information that will help us identify the individual that utilized or accessed the services described above. Should you have any questions concerning this request please contact investigations@ cyberinvestigationservices.com. or call us at 813-315-8484. We respectfully ask that you fax the requested information to us at (813) 333-7346, before mailing the original to: Cyber Investigation Services Processing Center 4516 Highway 20 E, #220 Niceville, FL 32578 w/copy to: Ronald L. Finck, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 SEAN CONVILLE and ATLANTIC IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. Docket No. 13-5360 Civil Term JOHN DOES 1-10, JURY TRIAL DEMANDED Defendants ORDER GRANTING WAIVER OF SERVICE REQUIREMENTS OF PA. R.C.P.No. 4009.21 AND LEAVE TO SERVE SUBPOENA ON THE MICROSOFT CORPORATION � AND NOW, this 3 day of ��U'� , 2014, upon consideration of the Plaintiffs' Motion Requesting Waive or Service Requirements of Pa. R.C.P. No. 4009.21 and Leave to Serve Subpoena on CSC Holdings, Inc., it is hereby ORDERED that the said Motion is GRANTED. Plaintiffs may immediately serve a subpoena CSC Holdings, Inc. BY THE COURT (J) D' ribution: Ronald L. Finck, Esq., Mette, Evans & Woodside, 3401 North Front Street, Harrisburg, PA 17110; Phone: (717) 232-5000; Fax: (717) 236-1816; rlfinck @mette.com PZ17 L Mtn ca F r C5 CGr C _ Zt F7 A C:) .i> 695885v1 O TI:� ��ti17� 20k FEB 460 i �wlt'SERLANID COLkI T`i �F��SYLV� IA Ronald L. Finck, Esquire Sup. Ct. I.D. No. PA 89985 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232-5000 Fax: (717) 236-1816 rlfinck @mette.com SEAN CONVILLE and ATLANTIC IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. Docket No. 13-5360 Civil Term JOHN DOES 1-10, JURY TRIAL DEMANDED Defendants MOTION REQUESTING WAIVER OF SERVICE REQUIREMENTS OF PA. R.C.P. NO. 4009.21 AND LEAVE TO SERVE SUBPOENAS ON THE MICROSOFT CORPORATION, SOUTHERN POLICE EQUIPMENT CO,INC.,AND FACEBOOK, INC. Plaintiffs, Sean Conville ("Conville") and Atlantic Tactical, Inc. ("Atlantic Tactical") (collectively referred to as "Plaintiffs"), file this Motion Requesting Waiver of Service Requirements of Pa. R.C.P. No. 4009.21 and Leave to Serve Subpoenas on the Microsoft Corporation, Southern Police Equipment Co, Inc., and Facebook, Inc., as follows: 1. Plaintiffs filed a Complaint in the above-captioned matter on September 10, 2013. The averments of the Complaint are incorporated herein as if fully set forth. 2. As more fully explained in the Plaintiffs' Complaint, the true names and capacities, whether individual, corporate, associate or otherwise, of Defendants, John Does 1 through 10 (collectively the "Defendants"), are currently unknown to Plaintiffs. 3. Upon information and belief, these Defendants include those operating under, inter alia, the alias `Tiger Chung Lee.' 4. The Defendants have shielded their identities to hide themselves from the consequences of their defamatory conduct against the Plaintiffs. 5. At some point prior to Wednesday, August 21, 2013 @ 19:23:27 -0400, the Defendants authored a newsletter titled `Atlantic City Police and Expo News' under the name `Tiger Chung Lee' (the " First Newsletter"). 6. The First Newsletter was disseminated to sales representatives and vendors of Atlantic Tactical and to Atlantic Tactical' s competitors via email from tigerchunglee(acr,outlook.com. A copy of the newsletter is attached to the Plaintiffs' Complaint as Exhibit `A' and made a part hereof by reference. 7. The First Newsletter purports to be a transcript of an interview of Conville, president of Atlantic Tactical, about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 8. At no point did Conville submit to an interview about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 9. The First Newsletter attributes the following language to Conville: "While I am NOT a fan of Barack Obama, he is going to go down in history as the single greatest gun salesman in history, he makes Sam Colt look like a p------- -- "Sometimes I thank God for crazy people They do wonders for my bottom line. " "In Graduate School they taught us to never let a tragedy go to waste." 2 7 am not a fan of unions, they always seem to have their hands out and expect to be "donated"to. That doesn't happen here in PA, but in NY you have to pay to play, it was worth the monetary investment." 10. The First Newsletter also attributes pejorative statements about women to Conville. 11. Contrary to the statements made in the First Newsletter, Conville was not interviewed by anyone and did not make any of the statements attributed to him in the First Newsletter. 12. 'At some point prior to Friday, January 31, 2014, the Defendants authored a second newsletter titled `Tactical News-The End of Atlantic Tactical?' (the "Second Newsletter"). A true and correct copy of the Second Newsletter is attached hereto as Exhibit `A' and made a part hereof by reference. 13. Like the First Newsletter, the Second Newsletter was written under the name `Tiger Chung Lee.' 14. The Second Newsletter was, again, disseminated to sales representatives and vendors of Atlantic Tactical and to Atlantic Tactical's competitors 15. The Second Newsletter purports to be a follow-up to the First Newsletter and describes an altercation that the author claims occurred between Conville and two unidentified New York police chiefs during the International Association of Chiefs of Police Conference in Philadelphia in October of 2013. 16. No such altercation occurred between Conville and anyone else during the Philadelphia International Association of Chiefs of Police Conference. 3 17. The Second Newsletter further criticizes Atlantic Tactical's employment and business practices and contends that Atlantic Tactical is under investigation by one of its supplier's legal department and by the New York Attorney General's Office. 18. Atlantic Tactical is not under investigation by anyone. 19. The Second Newsletter was distributed to sales representatives, vendors, and competitors of Atlantic Tactical via electronic transmission. The exact scope of the dissemination of the Second Newsletter is presently unknown to the Plaintiffs. 20. The Second Newsletter intentionally misleads the readers into believing that Conville was involved in a public altercation and that Atlantic Tactical engages in unsavory business and employment practices. 21. The statements in the Second Newsletter were false, malicious, intentional, and damaging at the time they were being made and they remain wholly false in substance and in fact. 22. The statements and innuendos contained in the Second Newsletter are defamatory of the Plaintiffs as they intended to convey the following to readers of the Newsletter: a. that Conville's professional judgment, character, motivations, and decision making is flawed, questionable, and unprofessional; b. that the Plaintiffs are dishonest, unqualified, and do not work well with their subcontractors and customers; c. that Plaintiffs use dishonest tactics to sell Atlantic Tactical's products; and d. that Atlantic Tactical is negligent in the handling of its goods (i.e. guns and suppressors); 4 23. Plaintiffs, with leave of this Court,previously submitted a subpoena to the Microsoft Corporation ("Microsoft") seeking records that would assist the Plaintiffs in identifying the Defendants and the scope of the Defendants' dissemination of the First Newsletter described above. 24. In Microsoft's response to the subpoena, Microsoft identified the Internet Service Provider, CSC Holdings, Inc., and the Internet Protocol address from which the First Newsletter was disseminated. 25. On or about January 30, 2014, Plaintiffs filed a motion with this Court seeking leave to serve a subpoena on CSC Holdings, Inc. Said motion is currently pending before the Court. 26. Plaintiffs seek leave of this Court to serve a second subpoena on Microsoft that would assist the Plaintiffs in identifying the authorship and dissemination of the Second Newsletter. A true and correct copy of the subpoena the Plaintiffs seek to serve on Microsoft is attached hereto as Exhibit `B' and made a part hereof by reference. 27. Plaintiffs have learned that the Second Newsletter was received by one of its competitor's, Southern Police Equipment Co, Inc., and that the President of Southern Police Equipment Co., Inc., forwarded the Second Newsletter to other customers of Atlantic Tactical. 28. Plaintiffs seek leave of this Court to serve a subpoena on Southern Police Equipment Co, Inc. in order to discover the source of the Second Newsletter and the scope of Southern Police Equipment Co, Inc's dissemination of the Second Newsletter. A true and correct copy of the subpoena the Plaintiffs seek leave to serve on Southern Police Equipment Co., Inc. is attached hereto as Exhibit `C' and made a part hereof by reference. 5 29. Additionally, the Plaintiffs have discovered that the online social networking service, Facebook, Inc., has a user that operates under the alias `Tiger Chung Lee.' 30. It is believed Facebook, Inc. has information which may be useful in identifying the Defendants. Accordingly, the Plaintiffs seek leave to serve a subpoena on Facebook, Inc. A true and correct copy of the subpoena the Plaintiffs seek leave to serve on Facebook, Inc. is attached hereto as Exhibit `D' and made a part hereof by reference. 31. Microsoft, Southern Police Equipment Co, Inc., and Facebook, Inc. are not parties to the above-captioned lawsuit. 32. Because Microsoft, Southern Police Equipment Co, Inc., and Facebook, Inc. are not parties to this lawsuit, the Plaintiffs' right to serve a subpoena on these corporations is governed by Rule 4009.21 of the Pennsylvania Rules of Civil Procedure. 33. Rule 4009.21(a) of the Pennsylvania Rules of Civil Procedure provides as follows: (a) A party seeking production from a person not a party to the action shall give written notice to every other party of the intent to serve a subpoena at least twenty days before the date of service. A copy of the subpoena proposed to be served shall be attached to the notice. 34. Because the identities of the Defendants are presently unknown to the Plaintiffs, the Plaintiffs are unable to comply with Rule 4009.21(a) of the Pennsylvania Rules of Civil Procedure. 35. Accordingly, the Plaintiffs file this Motion requesting the Court to waive the requirements of Rule 4009.21 of the Pennsylvania Rules of Civil Procedure and to grant the Plaintiffs leave to serve the subpoenas that are attached to this Motion. 6 36. Because the identities of the Defendants are unknown, Plaintiffs' counsel is unable to seek the concurrence of counsel in the filing of this Motion as required by Cumberland County Local Rule 208.2(d). 37. The Honorable Edward E. Guido entered an Order on the first Microsoft subpoena. No other judge of this Court has ruled on any other issue in this case or any related matter. 38. This Court has authority to grant the relief requested by virtue of Pa. R.C.P. No. 126. WHEREFORE, the Plaintiffs respectfully request that this Court waive the requirements of Rule 4009.21 of the Pennsylvania Rules of Civil Procedure and grant the Plaintiffs leave to serve Microsoft, Southern Police Equipment Co, Inc., and Facebook, Inc. with the attached subpoena. Plaintiffs further request such other relief as the Court deems just and appropriate under the circumstances. Respectfully submitted, METTE, EVANS & WOODSIDE By: Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: February 6, 2014 7 a Exhibit A � i •a oa � d IIP d � PIN am; 3 n - but m �� k t :aw ns, t A+,J§+_. �` i`i +&' a`rv, I recently tried to get a follow up interview with Atlantic Tactical's De Facto Leader, Sean Conville. Conville has been "difficult" to pin down since the original article came out roughly 8 months ago. And with good reason, there have been many developments since we last spoke. I attended the IACP conference in Philly a few months back, and decided to stop by the Safariland / Atlantic Tactical booth. As I approached, there seemed to be a commotion. Two gentleman were having a heated discussion with Conville, something about firing one of their long time friends. This of course piqued my interest. As they two left the booth, I decided to follow along to see what I could pick up from their conversation. It seems that one the gentleman, both Chiefs with the NYPD, had a friend that was the manager of the Atlantic Tactical Queens store. The manager was allegedly "replaced" with a political cronie, and they were expressing their displeasure with Mr. Conville, saying they would never place an order with "That carpet bagging, non uniform wearing, potato headed son of a bitch" again.. NOW they had my attention, and I had to investigate. Shot Show Shenanigans It has been reported that the new Director for Law Enforcement sales, a career salesman, and not a former LEO went on a 5 day bender,blowing off meetings, peeing in public, and generally making a mess, reflecting Atlantic Tactical's new direction in management style, opting for "Real Salesman" replacing retired Lew Enforcement Officers. Firings of retired NYPD Personnel: It seems that that in the past year, Atlantic Tactical's, Sean Conville has fired two respected and well liked retired members of the NYPD that he originally recruited to work for him. This was allegedly to keep from paying commissions on big agency body armor sales. This according to the rep for a major manufacturer has soured the NY Area LE agencies to Atlantic Tactical, and sales have suffered. The company Director for Corporate Affairs along with Conville has a policy of"Total Destruction" of terminated personal, so they can't work in the industry and compete against them. This has some in the industry shaking their heads, stating that this behavior is bad for business. ff Investigations of Atlantic Tactical by Safarijand Safariland'Sleval department, which is Atlantic Tactical supplier, has conducted ao internal investigation into / allegations of impropriety within Atlantic Tactical and some o[ � Safariaodo Employees. Allegations run from bait and switch —� Tactics to sexual shenanigans. Investigation BY NY State AG's office. There is on investigation b»the New York State AJtncuuy Gcnczulu office into the bait and switch sale of body armor to NYS Courts, the allegation im the original vcsttbatnvomabovvo was a standard threat level 3A8D8OI' but what they got was a cheap imitation, that costs $400 less. The rumor is that the 8afbcOood Rep for lower N?{im turning states evidence against Atlantic Tactical bo return for immunity from prosecution. This prompted a visit byCoovillcto the president of the NY8 Court officers union, who io adamant about not dealing with Atlantic Tactical ever again. The results were disastrous. These incidents coupled with the flop vvitbATIr over missing suppressors and unsecured assault rifles laying on the floor in the storeroom of the Philly Store has potential customers concerned about the stability of the management of Atlantic Tactical. This along with Conville's lavish lifestyle has the company bleeding money. It is rumored that AT is now 3.2 million in debt and climbing. There is a story running around that CmovDlcbccaozc unhinged in his office, yelling at one of his noaongcru' vvbilc scaring the rest ofthe office, while carrying a loaded handgun oo his hip. He has even gone as far amtohire aprivatc investigations firm to harass anyone who bc feels is saying mr writing unflattering things about him. And there is a rumor that be has filed a lawsuit to obtain phone and internet records against anyone who he feels is "Effing him in the A" as he once put it... These are not the actions ofa sane man The rapid expansion without a fundamental foundation of Atlantic Tactical is now more of a boiler room operation than u real coozpooy... Customers wait more than two weeks for a quote oo gear and orders that don't get lost, take two weeks tobc processed. Where Galls ships tbcocxt6oy... This in too bad, Idm remember the fledgling Atlantic Tactical, it was a good place,but itiuuo longer ao honorable company, that mindset has been replaced by corporate greed. I fear this house of cards will collapse before long. Buyer Beware Tiger Chung Lee 2 Exhibit B - SEAN CONVILLE and ATLANTIC IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. Docket No. 13-5360 Civil Term JOHN DOES 1-10, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Microsoft Corporation Attn: Online Services Custodian of Records MSN Outlook, One Microsoft Way Redmond, WA 98052-6300 Within twenty(20)days after service of this Subpoena,you are ordered by the Court to produce the following documents or things: Please see attached. at: Cyber Investigation Services Processing Center 4516 Highway 20 E. #220 Niceville, FL 32578 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the Certificate of Compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena,within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Ronald L. Finck,Esquire Address: Mette, Evans&Woodside 3401 North Front Street P. O. Box 5950,Harrisburg, PA 17110-0950 Telephone: (717)232-5000 Supreme Court ID# 89985 ATTORNEY FOR: Plaintiffs, Sean Conville and Atlantic Tactical, Inc. BY THE COURT: DATE: Seal of the Court 696997v1 (Prothonotary) Return of Service: On the day of 2013, I, served with the foregoing subpoena by: (Name of Person Served) (Describe method of service) 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: (Signature) ATTACHMENT The Plaintiffs request that you produce all records described below. In addition, to preserve the evidence, you should construe all instances of the words "produce" or"provide"to mean, "preserve." This information is directly relevant to identifying the individual(s)responsible for libelous or harassing statements, and related to the above-captioned case. The information should be readily accessible to you by computer search, and accessing it should not prove to be unduly burdensome. Please produce the following for each IP address or phone number listed below: 1. SPECIFIC EMAIL: tigerchunglee @outlook.com DATE/TIME: Friday, 31 Jan. 2014 15:15:25 —0500 Email included an attachment newsletter with the following false and defamatory comments: • "Tactical News - The End for Atlantic Tactical? It seems that one the gentleman, both Chiefs with the NYPD, had a friend that was the manager of the Atlantic Tactical Queens store. The manager was allegedly "replaced" with a politica cronie, and the were expressing their displeasure with Mr. Conville, saying they would never place an order with "That carpet bagging, non uniform wearing,potato headed son of a bitch"again. " • "The company Director for Corporate Affairs along with Conville has a policy of "Total Destruction" of terminated personal, so they can't work in the industry and compete against them. This has some in the industry shaking their heads, stating that this behavor is bad for business. " • "Safariland's legal department, which is Atlantic Tactical largest supplier, has conducted an internal investigation into allegations of impropriety within Atlantic Tactical and some of Safariands Employees. Allegations run from bait and switch Tactics to sexual shenanigans. " • "This along with Conville's lavish lifestyle has the company bleeding money. It is rumored that AT is now 3.2 million in debt and climbing. Buyer Beware. " 2. Insomuch as it is possible, please produce the following information for the above services including but is not limited to: a) Date Account was established; b) Name of Users that established the account, and are current owners or billpayers for the account. c) Address, Phone numbers of Users that established the account, and are current owners or bill-payers for the account. d) Additional email addresses, phone numbers, physical addresses associated with the .account. e) Media Access Control address (MAC address), Computer type, and Browser type for each connection/session, if that information is stored and recorded. f) Type of account associated with the IP address, ie Dynamic or Static IP g) Please provide a detailed record of every IP (Internet Protocol Address)that has logged into the account on January 31, 2014. Please include date accessed and time accessed. THIS IS NOT A REQUEST FOR THE CONTENTS OF ANY EMAIL MESSAGES or other communications sent to or from the users described herein and protected by relevant laws, if you construe any requests herein to be protected by applicable laws, we request that you ignore only those specific requests and provide whatever information you are able at this time, preserve what you cannot or will not produce, and kindly advise the basis for the information you have withheld. This production and preservation request applies to REGISTRANT INFORMATION,IP LOGS, BILLING RECORDS, EMAIL ADDRESSES, and IDENTIFYING INFORMATION associated with the foregoing requests. If this request is descriptively deficient in any way we request that you preserve the information requested and any additional information that will help us identify the individual that utilized or accessed the services described above. Should you have any questions concerning this request please contact investigations@cyberinvestigationservices.com. or call us at 813-315-8484. We respectfully ask that you fax the requested information to us at(813) 333-7346, before mailing the original to: Cyber Investigation Services Processing Center 4516 Highway 20 E, #220 Niceville, FL 32578 W/copy to: Ronald L. Finck, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 .Y Exhibit C SEAN CONVILLE and ATLANTIC IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. Docket No. 13-5360 Civil Term JOHN DOES 1-10, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Southern Police Equipment Co.,Inc. Attn: Karen Allan Ballengee 7609 Midlothian Turnpike Richmond,VA 23235 Within twenty(20)days after service of this Subpoena,you are ordered by the Court to produce the following documents or things: (1)Any and all documents evidencing communications received by you from anyone operating under the alias Tiger Chung Lee; and (2)any and all documents evidencing your dissemination of any information concerning Atlantic Tactical, Inc. or its president, Sean Conville, during the period beginning January 15, 2014 until present. at: Mette,Evans &Woodside P.O. Box 5950 3401 North Front Street Harrisburg, PA 17110 For purposes of this subpoena,the term `documents' shall be interpreted to mean electronic transmissions. You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the Certificate of Compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena,within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. 697038v1 1 THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Ronald L. Finck, Esquire Address: Mette,Evans&Woodside 3401 North Front Street,P. O. Box 5950,Harrisburg,PA 17110-0950 Telephone: (717)232-5000 Supreme Court ID# 89985 ATTORNEY FOR: Plaintiffs, Sean Conville and Atlantic Tactical,Inc. BY THE COURT: DATE: Seal of the Court (Prothonotary) 2 Return of Service: On the day of 2013, I, served with the foregoing subpoena by: (Name of Person Served) (Describe method of service) 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: (Signature) 3 ,• - ALL-STATED LEGAL 800.222.0510 ED11 RECYCLED t 7 1 i i i t � Exhibit D SEAN CONVILLE and ATLANTIC IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. Docket No. 13-5360 Civil Term JOHN DOES 1-10, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Facebook, Inc. Security Department/Custodian of Records 1601 Willow Road Menlo Park, CA 94124 Within twenty(20)days after service of this Subpoena,you are ordered by the Court to produce the following documents or things: Please see attached. at: Cyber Investigation Services Processing Center 4516 Highway 20 E. #220 Niceville,FL 32578 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the Certificate of Compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena,within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Ronald L. Finck,Esquire Address: Mette, Evans&Woodside 3401 North Front Street, P. O. Box 5950, Harrisburg,PA 17110-0950 Telephone: (717)232-5000 Supreme Court ID# 89985 ATTORNEY FOR: Plaintiffs, Sean Conville and Atlantic Tactical, Inc. BY THE COURT: DATE: Seal of the Court 697006v1 (Prothonotary) Return of Service: On the day of 2013, I, served with the foregoing subpoena by: (Name of Person Served) (Describe method of service) 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: (Signature) ATTACHMENT The Plaintiffs request that you produce all records described below. In addition, to preserve the evidence, you should construe all instances of the words "produce" or"provide"to mean, "preserve." This information is directly relevant to identifying the individual(s)responsible for libelous or harassing statements, and related to the above-captioned case. The information should be readily accessible to you by computer search, and accessing it should not prove to be unduly burdensome. Please produce the following for each IP address or phone number listed below: 1. SPECIFIC URL: htti)s://www.facebook.com/tiger.chunglee.98?fref=ts USERNAME: Tiger Chunglee DATE/TIME: October 19, 2013 Any comments made: Defamatory newsletter posted on Facebook by the Facebook page subscriber who then sent to Plaintiff's co-workers and business associates. Plaintiffs believe false because: Client was never interviewed by writer of newsletter. 2. Insomuch as it is possible, please produce the following information for the above services including but is not limited to: a) Date Account was established; b) Name of Users that established the account, and are current owners or billpayers for the account. c) Address, Phone numbers of Users that established the account, and are current owners or bill-payers for the account. d) Additional email addresses,phone numbers, physical addresses associated with the account. e) Media Access Control address (MAC address), Computer type, and Browser type for each connection/session, if that information is stored and recorded. f) Type of account associated with the IP address, ie Dynamic or Static IP g) Please provide a detailed record of every IP (Internet Protocol Address)that has logged into the account on October 19, 2013. Please include date accessed and time accessed. THIS IS NOT A REQUEST FOR THE CONTENTS OF ANY EMAIL MESSAGES or other communications sent to or from the users described herein and protected by relevant laws, if you construe any requests herein to be protected by applicable laws, we request that you ignore only those specific requests and provide whatever information you are able at this time, preserve what you cannot or will not produce, and kindly advise the basis for the information you have withheld. This production and preservation request applies to REGISTRANT INFORMATION,IP LOGS, BILLING RECORDS,EMAIL ADDRESSES, and IDENTIFYING INFORMATION associated with the foregoing requests. If this request is descriptively deficient in any way we request that you preserve the information requested and any additional information that will help us identify the individual that utilized or accessed the services described above. Should you have any questions concerning this request please contact investigations@ cyberinvestigationservices.com. or call us at 813-315-8484. We respectfully ask that you fax the requested information to us at(813) 333-7346, before mailing the original to: Cyber Investigation Services Processing Center 4516 Highway 20 E, #220 Niceville, FL 32578 W/copy to: Ronald L. Finck, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 A �� HLED-OFFICE OF THE PROTHON'JTA 2014 FEB 18 AM 11: 57 CUMBERLAND COUNTY PENNSYLVAfd{A SEAN CONVILLE and ATLANTIC : IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. : Docket No. 13-5360 Civil Term JOHN DOES 1-10, : JURY TRIAL DEMANDED Defendants ORDER GRANTING WAIVER OF SERVICE REQUIREMENTS OF PA. R.C.P. NO. 4009.21 AND LEAVE TO SERVE SUBPOENAS ON THE MICROSOFT CORPORATION, SOUTHERN POLICE EQUIPMENT CO,INC., AND�FFACEBOOK, INC. AND NOW, this 164 day of./` aiddit 1t�/, 2014, upon consideration of the Plaintiffs' Motion Requesting Waiver of Service Requirements of Pa. R.C.P. No. 4009.21 and Leave to Serve Subpoenas on the Microsoft Corporation, Southern Police Equipment Co, Inc., and Facebook, Inc., it is hereby ORDERED that the said Motion is GRANTED. Plaintiffs may immediately serve subpoenas the Microsoft Corporation, Southern Police Equipment Co, Inc., and Facebook, Inc. BY Id-ECO— YZT (J) Distribution: ./Pronald L. Finck, Esq., Mette, Evans & Woodside, 3401 North Front Street, Harrisburg, PA 17110; Phone: (717) 232-5000; Fax: (717) 236-1816; rlfinck @mette.com eo aPlitt = I 696967v1 1 � 0117. w, 0 �f'r°plc ."j;/ C01,11'1 \ V C01,11'1 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232-5000 Fax: (717) 236-1816 rlfinck @mette.com SEAN CONVILLE and ATLANTIC : IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. : Docket No. 13-5360 Civil Term • JOHN DOES 1-10, • Defendants : JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO COMPEL CSC HOLDINGS, LLC (CABLEVISION SYSTEMS CORPORATION) TO PRODUCE RECORDS UNDER PA R. C. P. 234.5 The Plaintiffs, Sean Conville and Atlantic Tactical, Inc. (collectively the "Plaintiffs") by and through their attorneys Mette, Evans & Woodside move this Court for an Order directing non-party CSC Holdings, LLC (Cablevision Systems Corporation) ("CSC")to comply with a subpoena to produce records as follows: 1. Plaintiffs filed a Complaint in the above-captioned matter on September 10, 2013 against Defendants alleging, inter alia, Defamation/Libel and Invasion of Privacy/False Light relating to the creation and electronic dissemination of defamatory newsletters involving Plaintiffs. 2. On February 3, 2014 this Court entered an Order granting waiver of service requirements of Pa. R. C. P. 4009.21 and granting Plaintiffs leave to serve a subpoena on CSC. 3. By correspondence dated February 7, 2014, Plaintiffs served upon CSC, via certified mail, return receipt requested, a validated subpoena for the production of Internet Protocol ("IP") address log records and other related account information in an attempt to identify the originator(s) (the yet to be identified John Doe Defendants) of the above-referenced defamatory newsletters. A true and correct copy of the February 7, 2014 correspondence to CSC, the validated subpoena and returned registered mail receipt dated February 11, 2014 are attached hereto, collectively as Exhibit"A". 4. On February 12, 2014, CSC communicated with the undersigned counsel indicating that"Cable operators may not disclose personally identifiable information except pursuant to a court order authorizing such disclosure" citing the Cable Communications Policy Act of 1984 § 551(c)(2)(B). A true and correct copy of the February 12, 2014 correspondence from CSC is attached hereto as Exhibit"B". 5. A subpoena is an Order of Court. Pa. R. C. P. No. 234.1(a). 6. Receipt of the IP address log records and other related account information as maintained by CSC is essential for Plaintiffs to identify the John Doe Defendants in this action. 7. Plaintiffs are represented by Ronald L. Finck, Esquire, Mette, Evans & Woodside, 3401 North Front Street, P.O. Box 5950, Harrisburg, PA 17110-0950- telephone (717) 232- 5000. 8. Because the identification of the Defendants are unknown, Plaintiffs' counsel is unable to seek the concurrence of counsel in the filing of this Motion as required by Cumberland County Local Rule 208.2(d). 9. The Honorable Edward E. Guido entered Orders dated September 16, 2013 and February 3, 2014 in this case. No other judge of this Court has ruled on any other issue in the case or any related matter. 10. This Court has authority to grant the relief by virtue of Rule No. 235.4. 11. Oral argument is not requested in this matter. WHEREFORE,the Plaintiffs, Sean Conville and Atlantic Tactical, Inc., requests this Court enter an Order compelling CSC Holdings, LLC (Cablevision Systems Corporation) to provide full and complete records as contained in the attached subpoena, together with other relief as this Court deems just and appropriate under the circumstances. Respectfully submitted, METTE, EVANS & WOODSIDE By: gotsz-A- 4. 10;J , Ronald L. Finck, Esquire Sup. Ct. I.D. No. 29985 3401 North Front Street P.O. Box 5950 Harrisburg, AP 17110-0950 (717) 232-5000 Attorneys for Sean Conville and Atlantic Tactical, Inc. Date: February 24, 2014 METTE, EVANS &WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW HOWELL C.METTE THOMAS F.SMIDA 3401 NORTH FRONT STREET MARK S.SILVER JAMES W.EVANS ROBERT MOORE PAULA J.LEICHT P.O.BOX 5950 BERNADETTE BARATTINI 1926-2008 i CHARLES B.ZWALLY TIMOTHY A.HOY HARRISBURG,PA 17110-0950 RANDALL G.HURST** PETER J.RESSLER THOMAS A.ARCHER* MELANIE L.VANDERAU JAMES A.ULSH HENRY W.VAN ECK IRS NO. AARON T.DOMOTO *NEW JERSEY BAR JEFFREY A.ERNICO MARK D.HIPP 23-1985005 BRIAN J.HINKLE **MARYLAND BAR MARY ALICE BUSBY RONALD L.FINCK KEVIN J.HAYES KATHRYN L.SIMPSON HEATHER Z.KELLY TELEPHONE FACSIMILE (717)232-5000 (717)236-1816 TOLL FREE: 1-800-962-5097 IITTP://W W W.METTE.COM February 7, 2014 CSC Holdings, Inc. (Cablevision Systems) VIA CERTIFIED MAIL, RETURN RECEIPT Subpoena Compliance Group REQUESTED, RESTRICTED DELIVERY 1111 Stewart Ave. Bethpage,NY 11714 Re: Sean Conville and Atlantic Tactical Inc.v.John Does 1-10 (Cumberland County Docket No.13-5360 civil term) Dear Custodian of Records: This firm represents Plaintiffs, Sean Conville and Atlantic Tactical Inc. in a matter pending in Cumberland County, Pennsylvania. We believe you may have information relevant and important to our case. Enclosed constituting service upon you is a validated Subpoena issued by the Court of Common Pleas of Cumberland County, Pennsylvania. Due to the proprietary nature of your records and the absence of publicly available information we are unable to positively identify the account holders through any other means. It is impossible for the Plaintiff/s to identify the alleged offenders without your assistance in this matter. Furthermore, due to the perishable nature of the originating I.P. address logs held by the Internet Service Provider/s utilized by your service, with retention often being only six months, we respectfully request that you make every effort to expedite this request to avoid the perishing or deletion of extremely important evidence. Please note that in addition to the requested records, you must sign and return the enclosed Certificate of Compliance, which states that the records being produced are the complete records as requested in this Subpoena. We will reimburse you for all reasonable costs incurred in responding to this request. In the event that you have any questions or concerns regarding your obligations in complying with this Subpoena please feel free to contact me at your convenience. February 7, 2014 Page 2 Very truly yours, METTE,EVANS &WOODSIDE 4 7.,-,,,„.0 a_, 4;,,,„,,,A, Ronald L. Finck cc: Cyber Investigation Services Processing Center (w/end.) Sean Conville (wl end.) 1 U.S. Postal Service., CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) I For delivery information visit our website at v;rw usrs.com� i +, t, u' i $ 1 t"1 D gig R cr7 1 Postage C C if led Fee 11111M Post r ] Return eceipt Fee ] (Endorsement Required) �,� Q -,e i. I- L\, ] Restricted Delivery Fee • (Endorsement Required) • Total Postage&Fees RLF (15531-2) U Sent To CSC Holdings, Inc.(Cablevision Sys.) orrPO Box No. Subpoena Compliance Group Day,State,ZIP+4 1-1 i StewaT� A • 5e. • ' See Reverse for Instructions PS Form 3800,August 2006 •ENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X L` I • Addressee so that we can return the card to you. B. ve• ;ed Name) Date of Delivery ■ Attach,this card to the back of the mailpiece, P or on the front if space permits. r�>, D. Is delivery aOdress differe'ref dr r item 1? ❑ 's Article dressed to: If YES 1 er delivery addr ss below: ❑No 4 ry ,,. Qc CSC H dings, Inc. �,�{ �, 0, G Cub evisLon Systems ci- � Subpoena Compliance Group ,=`'°.S‘,-,...--____--",;,,, (,,,, 1111 Stewart Ave .° I t ,t Bethpage, NY 11714 3. erviceType Certified Mail g-Express Mail ❑_Registered I Return Receipt for Merchandise I ID Insured Mail )❑_C.O.D. 4. Restricted Delivery?(Extra Fee) q Yes Article Number 7011 2970 0003 4550 4606 (Transfer from service label) i S Form 3811,February 2004 Domestic Return Receipt 10,25ss 02-M1540 i SEAN CONVILLE and ATLANTIC : IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. : Docket No. 13-5360 Civil Term JOHN DOES 1-10, Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CSC HOLDINGS,INC(Cablevision Systems) Subpoena Compliance Group Bethpage,NY 11714 Within twenty(20)days after service of this Subpoena,you are ordered by the Court to produce the following documents or things: Please see attached. at: Cyber Investigation Services Processing Center 4516 Highway 20 E.#220 Niceville,FL 32578 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the Certificate of Compliance,to the party making this request at the address listed above. You have the right to seek,in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena,within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Ronald L.Finck,Esquire Address:Mette,Evans&Woodside 3401 North Front Stree P_O.Box 5950,Harrisburg,PA 17110-0950 Telephone:(117)232-5000 Supreme Court ID#89985 ATTORNEY_FOR: Plaintiffs, Sean Conville and Atlantic Tactical,Inc. _ BY THE COURT: DATE: J Y Seal of the art / 695886v1 (Prothonotary) Return of Service: On the day of , 2013, 1, , served with the foregoing subpoena by: (Name of Person Served) (Describe method of service) 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: (Signature) ATTACHMENT The Plaintiffs request that you produce all records described below. In addition,to preserve the evidence, you should construe all instances of the words"produce"or"provide"to mean,"preserve." This information is directly relevant to identifying the individual(s)responsible for libelous or harassing statements,and related to the above-captioned case. The information should be readily accessible to you by computer search, and accessing it should not prove to be unduly burdensome. Please produce the following for each IP address or phone number listed below: 1. INTERNET PROTOCOL("I.P.")ADDRESS LOG RECORDS for Screen Names,Authors,IP Addresses, Log Records,Telephone Numbers,Addresses,Names Of Registrants, Addresses ,email addresses associated with: a. 24.185.53.115 on May 22,2013 @ 9:29:18 am PST b. 69.117.98.155 on August 21,2013 a, 12:22:18 PM 2. Insomuch as it is possible,please produce the following information for the above services including but is not limited to: a) Date Account was established; b) Name of Users that established the account, and are current owners or billpayers for the account. c) Address, Phone numbers of Users that established the account, and are current owners or bill-payers for the account. d) Additional email addresses,phone numbers,physical addresses associated with the account. e) Media Access Control address(MAC address), Computer type, and Browser type for each connection/session, if that information is stored and recorded. 0 Type of account associated with the IP address, ie Dynamic or Static IP g) Please provide a detailed record of every IP(Internet Protocol Address)that has logged into the account on May 22,2013 and August 21,2013. Please include date accessed and time accessed. THIS IS NOT A REQUEST FOR THE CONTENTS OF ANY EMAIL MESSAGES or other communications sent to or from the user's described herein and protected by relevant laws,if you construe any requests herein to be protected by applicable laws, we request that you ignore only those specific requests and provide whatever information you are able at this time,preserve what you cannot or will not produce, and kindly advise the basis for the information you have withheld. This production and preservation request applies to REGISTRANT INFORMATION,IP LOGS,BILLING RECORDS,EMAIL ADDRESSES,and IDENTIFYING INFORMATION associated with the foregoing requests. If this request is descriptively deficient in any way we request that you preserve the information requested and any additional information that will help us identify the individual that utilized or accessed the services described above. Should you have any questions concerning this request please contact investigations @cyberinvestigationservices.com. or call us at 813-315-8484. We respectfully ask that you fax the requested information to us at(813) 333-7346,before mailing the original to: Cyber Investigation Services Processing Center 4516 Highway 20 E,#220 Niceville,FL 32578 w/copy to: Ronald L. Finck, Esquire Mette,Evans&Woodside 3401 North Front Street Harrisburg,PA 17110 1 C'IBLFJ7ISION February 12, 2014 Via First Class Mail Ronald Finck, Esq. Mette, Evans & Woodside 9 Fl-! 1 ° 2014 3401 North Front Street 1! Harrisburg, PA 17110-0950 Re: Conville et al Does 1-10 Dear Mr. Finck: This letter responds to the enclosed subpoena requesting subscriber information from Optimum Online, a cable modem service provided by CSC Holdings, LLC ("Cablevision") via a cable television system. Kindly note, service by facsimile transmission will not be accepted. Cable operators may not disclose subscriber personally identifiable information except pursuant to a court order authorizing such disclosure. Cable Communications Policy Act of 1984, § 551(c)(2)(B). Therefore, we are prohibited by law from producing the records you requested in the subpoena. Please note that an acceptable court order must include the following information: • The IP address information that you seek(i.e. IP address 123.123.123.123, date, time and time zone); and • Direct Cablevision to disclose the subscriber's personally identifiable information pursuant to 47 U.S.C. § 551(c)(2)(B). Additionally, the Cable Act requires Cablevision to provide advance notice of a court order to its subscribers. Accordingly, should you decide to seek a court order,the return date for compliance under the order should allow Cablevision at least five (5) additional business days to serve notice upon the subscriber and to comply with the order. CABLEVISION SYSTEMS CORPORATION 1111 Stewart Avenue, Bethpage NY 11714-3581 516 803-2300 Ronald Finck, Esq. Mette, Evans & Woodside February 12, 2014 Page 2 of 2 Please be advised that Cablevision reserves the right to obtain reimbursement of our reasonable costs ($70.00 per IP, fees subject to change)associated with the production of such records. Further, receipt of your court order does not guarantee retrieval of the information you have requested. Please be advised that Cablevision will preserve your records for ninety (90) days from receipt of your subpoena. Please contact us immediately if you no longer need these records. Please contact me at 516-803-3917 if you have any questions regarding this matter. CSC Holdings, LLC Palm 7114 Paralegal Enclosure 141102 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage,prepaid, as follows: CSC Holdings, LLC (Cablevision Systems) 1111 Stewart Avenue Bethpage,NY 11714-3581 (Pro Se) METTE, EVANS & WOODSIDE By: tn�r.�t, �.-O4 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 29985 3401 North Front Street P.O. Box 5950 Harrisburg, AP 17110-0950 (717) 232-5000 Attorneys for Sean Conville and Atlantic Tactical, Inc. Date: February 24, 2014 SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs, F ILED -iii- FICE OF THE PROT3ifitO..r`at ` 20 I' FR -3 A►`10:140 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : Docket No. 13 -5360 Civil Term JOHN DOES 1 -10, Defendants : JURY TRIAL DEMANDED ORDER AND NOW, this- day of .41/2•14-e_./1 , 2014, IT IS HEREBY ORDERED that CSC Holdings, LLC (Cablevision Systems Corporation) shall produce to Plaintiffs a full and complete set of documents as contained in the previously issued and served Subpoena. These records shall be produced to Plaintiffs within fifteen (15) days of the date of service of this Order. J. Distribution: ,/�onald L. Finck, Esquire, Mette, Evans & Woodside, 3401 North Front Street, Harrisburg, PA 17110, Phone: (717) 232 -5000; Fax: (717) 236 -1816; rlfinck @mette.com Ronald L. Finck, Esquire Sup. Ct. I.D. No. PA 89985 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232-5000 Fax: (717) 236-1816 rlfinck@mette.com SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs, F Tr- F kOTHONO J SR AND COUs,,ZTY ''ELNHSYLVA,NIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : Docket No. 13-5360 Civil Term JOHN DOES 1-10, Defendants : JURY TRIAL DEMANDED MOTION SEEKING LEAVE OF COURT TO FILE AN AMENDED COMPLAINT Plaintiffs, Sean Conville ("Conville") and Atlantic Tactical, Inc. ("Atlantic Tactical") (collectively referred to as "Plaintiffs"), file this Motion Seeking Leave of Court to File An Amended Complaint, as follows: 1 Plaintiffs initiated this action with the filing of a Complaint in the above- captioned matter on September 10, 2013 against unknown Defendants, John Does 1-10 ("Defendants"). The averments of the Complaint are incorporated herein as if fully set forth. 2. As more fully explained in the Plaintiffs' Complaint, at the time of the filing of the original Complaint, the true names and capacities, whether individual, corporate, associate or otherwise, of Defendants were unknown to Plaintiffs. 3. Upon information and belief, these Defendants included those operating under, inter alia, the alias `Tiger Chung Lee.' 4. The Defendants shielded their identities to hide themselves from the consequences of their defamatory conduct against the Plaintiffs. 5. Plaintiffs, with leave of this Court, previously submitted subpoenas on various entities seeking records that would assist the Plaintiffs in identifying the Defendants and the scope of the Defendants' dissemination of the defamatory materials. 6. Plaintiffs have identified Tiger Chung Lee as an alias of their former employee, Joseph Zogbi a/k/a Joe Zogbi. 7. Plaintiffs accordingly wish to amend the original Complaint to substitute Zogbi in for the John Doe Defendants and to assert additional claims against Zogbi. 8. A draft of the Amended Complaint the Plaintiffs intend to file upon grant of this Motion is attached hereto as Exhibit `A' and made a part hereof by reference. 9. This Court has authority to grant the relief requested pursuant to Rule 1033 of the Pennsylvania Rules of Civil Procedure which provides that a party may, by leave of Court, amend his pleadings at any time. 10. This matter has not been listed for trial. 11. The Court's grant of this Motion will not cause prejudice to any other person or party and is not for the purpose of delay. 2 12. Plaintiffs are represented by Ronald L. Finck, Esquire, Mette, Evans & Woodside, 3401 North Front Street, P.O. Box 5950, Harrisburg, PA 17110 -0950- telephone (717) 232- 5000. 13. Because the identification of the John Doe Defendants were unknown and Zogbi has not been served in this matter, Plaintiffs' counsel is unable to seek the concurrence of counsel in the filing of this Motion as required by Cumberland County Local Rule 208.2(d). 14. The Honorable Edward E. Guido previous entered Orders disposing of other issues in the case. 15. Oral argument is not requested for purposes of this Motion. WHEREFORE, the Plaintiffs respectfully request that this Court grant the Plaintiffs leave to file an Amended Complaint in the above - captioned action. Plaintiffs further request such other relief as the Court deems just and appropriate under the circumstances. Respectfully submitted, METTE, EVANS & WOODSIDE By: Date: April 3, 2014 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 - Phone (717) 236 -1816 - Fax Attorneys for Plaintiffs 3 Ronald L. Finck, Esquire Sup. Ct. I.D. No. PA 89985 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232 -5000 Fax: (717) 236 -1816 rlfinck @mette.com SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : Docket No. 13 =5360 -Civil Term JOSEPH ZOGBI a/k/a JOE ZOGBI Defendant : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249 -3166 Ronald L. Finck, Esquire Sup. Ct. I.D. No. PA 89985 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232 -5000 Fax: (717) 236 -1816 rlfinck @mette.com SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : Docket No. 13 -5360 -Civil Term JOSEPH ZOGBI a/k/a JOE ZOGBI Defendant : JURY TRIAL DEMANDED AMENDED COMPLAINT Plaintiffs, Sean Conville ( "Conville ") and Atlantic Tactical, Inc. ( "Atlantic Tactical "), (collectively referred to as "Plaintiffs "), file this Amended Complaint against Defendant, Joseph Zogbi a/k/a Joe Zogbi ( "Zogbi ") alleging as follows: PARTIES 1. Conville is an adult individual residing at 2380 Woodstream Way, Enola, Pennsylvania 17025 -1351. 2. Atlantic Tactical is a Pennsylvania business corporation with a principal place of business at 772 Corporate Circle, New Cumberland, Pennsylvania, 17070 -2349. 3. Zogbi is an adult individual residing at 25 Pickwick Drive, Commack, NY 11725. 704468v1 4. Zogbi is a former employee of Atlantic Tactical pursuant to an at -will employment agreement dated October 4, 2010 (the "Employment Agreement "), which Employment Agreement is attached hereto as Exhibit "A ". 5. Upon information and belief, Zogbi operates under the alias `Tiger Chung Lee.' OPERATIVE FACTS 6. Atlantic Tactical operates a tactical store headquartered in New Cumberland, Pennsylvania that supplies uniforms and equipment for law enforcement 7. Atlantic Tactical operates four (4) retail stores and directly solicits customers through the use of outside sales representatives, vendors, catalogues, and a website. 8. Atlantic Tactical provides public safety equipment and uniforms to police, fire protection, emergency medical service, security, and military personnel throughout the United States. 9. Conville is the President of Atlantic Tactical. 10. Zogbi worked for Atlantic Tactical as a sales representative pursuant to the Employment Agreement from October 2010 through April 2013. The August 21, 2013 Newsletter 11. At some point prior to Wednesday, August 21, 2013 @ 19:23:27 -0400, Zogbi authored a newsletter titled `Atlantic City Police and Expo News' under the name `Tiger Chung Lee' (the " August 21, 2013 Newsletter "). 12. The August 21, 2013 Newsletter was sent to sales representatives of Atlantic Tactical and to Atlantic Tactical' s competitors via email from tigerchunglee @outlook.com. A copy of the August 21, 2013 Newsletter is attached hereto as Exhibit `B" and made a part hereof by reference. 2 13. The August 21, 2013 Newsletter purports to be a transcript of an interview of Conville about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 14. At no point did Conville submit to an interview about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 15. The August 21, 2013 Newsletter attributes the following language to Conville: "While I am NOT a fan of Barack Obama, he is going to go down in history as the single greatest gun salesman in history, he makes Sam Colt look like a p "Sometimes I thank God for crazy people They do wonders for my bottom line." "In Graduate School they taught us to never let a tragedy go to waste." "I am not a fan of unions, they always seem to have their hands out and expect to be "donated" to. That doesn't happen here in PA, but in NY you have to pay to play, it was worth the monetary investment." 16. The August 21, 2013 Newsletter also attributes pejorative statements about women to Conville. 17. Contrary to the statements made in the Newsletter, Conville was not interviewed by anyone and did not make any of the statements attributed to him in the August 21, 2013 Newsletter. 18. The Newsletter was distributed to sales representatives, vendors, and competitors of Atlantic Tactical via electronic transmission. The exact scope of the dissemination of the August 21, 2013 Newsletter is presently unknown to the Plaintiffs. 19. The August 21, 2013 Newsletter intentionally misleads the readers into believing that Conville gave the interview and made the statements attributed to him. 3 20. The statements in the August 21, 2013 Newsletter were false, malicious, intentional, and damaging at the time they were being made and they remain wholly false in substance and in fact. The January 31, 2014 Newsletter 21. At some point prior to Friday, January 31, 2014, the Defendants authored a second newsletter titled `Tactical News -The End of Atlantic Tactical ?' (the "January 31, 2014 Newsletter ", and collectively with the August 21, 2013 Newsletter, the "Newsletters "). A true and correct copy of the January 31, 2014 Newsletter is attached hereto as Exhibit "C" and made a part hereof by reference. 22. Like the August 21, 2013 Newsletter, the January 31, 2014 Newsletter was written under the name `Tiger Chung Lee.' 23. The January 31, 2014 Newsletter was, again, disseminated to sales representatives and vendors of Atlantic Tactical and to Atlantic Tactical's competitors. 24. The January 31, 2014 Newsletter purports to be a follow -up to the August 21, 2013 Newsletter and describes an altercation thatZogbi claims occurred between Conville and two unidentified New York police chiefs during the International Association of Chiefs of Police Conference in Philadelphia in October of 2013. 25. No such altercation occurred between Conville and anyone else during the Philadelphia International Association of Chiefs of Police Conference. 26. The January 31, 2014 Newsletter further criticizes Atlantic Tactical's employment and business practices and contends that Atlantic Tactical is under investigation by one of its supplier's legal department and by the New York Attorney General's Office. 27. Atlantic Tactical is not under investigation by anyone. - 4 28. The January 31, 2014 Newsletter was distributed by Zogbi to sales representatives, vendors, and competitors of Atlantic Tactical via electronic transmission. The exact scope of the dissemination of the Second Newsletter is presently unknown to the Plaintiffs. 29. The January 31, 2014 Newsletter intentionally misleads the readers into believing that Conville was involved in a public altercation and that Atlantic Tactical engages in unsavory business and employment practices. 30. The statements in the January 31, 2014 Newsletter were false, malicious, intentional, and damaging at the time they were being made and they remain wholly false in substance and in fact. 31. The statements and innuendos contained in the Newsletters are defamatory of the Plaintiffs as they intended to convey the following to readers: a. that Conville's professional judgment, character, motivations, and decision making is flawed, questionable, and unprofessional; b. that the Plaintiffs are dishonest, unqualified, and do not work well with their subcontractors; c. that Conville has a pejorative view of women and minorities in Atlantic Tactical's industry; d. that Plaintiffs use dishonest tactics to sell Atlantic Tactical's products; e. that Atlantic Tactical is negligent in the handling of its goods (i.e. guns and suppressors); f. that Atlantic Tactical seeks to profit off of tragedies suffered by others; and 5 g. that Atlantic Tactical and/or Conville has political and social views that others are likely to fmd offensive. 32. In engaging in the above - referenced activities, Zogbi has caused damage to the Plaintiffs. 33. Plaintiffs have been required to retain the services of a Private Cyber Investigator and should be entitled to reimbursement of the investigation fees and litigation costs involved in prosecuting this matter. 34. Zogbi's actions described herein were wanton, willful, oppressive and/or exhibited a reckless indifference to the rights of the Plaintiffs such that punitive damages are warranted in an amount sufficient to punish Defendants and deter future misconduct. COUNT I - DEFAMATION/LIBEL (Plaintiffs v. Zogbi 35. The allegations set forth in the preceding paragraphs are incorporated herein. 36. Zogbi has defamed and /or libeled Plaintiffs by willfully authoring defamatory information about the Plaintiffs. 37. Upon information and belief, Zogbi has intentionally harmed Plaintiffs' reputations and business by authoring and disseminating false and defamatory statements and attributing them to the Plaintiffs. 38. The publication of the Newsletters was a calculated effort to harm the Plaintiffs' reputations by lowering them in the estimation of the community and/or to deter third persons from associating or dealing with the Plaintiffs. 39. The information written ascribes to the Plaintiffs conduct, character, and/or a condition that adversely affects the Plaintiffs' fitness for the proper conduct of their proper business, trade, and/or profession. 6 40. Upon information and belief, Zogbi purposefully tried to hide their identity by authoring the newsletter anonymously utilizing a name which was designed to disguise their defamatory actions and true identities. 41. Zogbi's actions have caused harm to Plaintiffs' business, trade, profession, occupation and harm to Plaintiffs' reputations in an amount in excess of $50,000. WHEREFORE, Plaintiffs' respectfully request that this Court enter judgment against Zogbi in an amount in excess of $50,000 together with interest, costs, attorneys' fees, and punitive damages. Plaintiffs further request such other relief as is deemed just and appropriate under the circumstances. COUNT II - INVASION OF PRIVACY/FALSE LIGHT (Plaintiffs v. Zogbi) 42. The allegations set forth in the preceding paragraphs are incorporated herein. 43. Zogbi communicated the false Newsletters to the public or to so many persons that the matter must be regarded as substantially certain to become one of public knowledge within the community. 44. By communicating, directing and/or participating in the communication of the Newsletters, Zogbi gave publicity to matters concerning the Plaintiffs before the public in a false light. 45. Publicizing the matters set forth in the Newsletters would be, and was, highly offensive to a reasonable person. 46. Zogbi knew that the statements contained in the Newsletters were false and that readers would, or were likely to, perceive the Plaintiffs in a false and negative light. WHEREFORE, Plaintiffs' respectfully request that this Court enter judgment against Zogbi in an amount in excess of $50,000 together with interest, costs, attorneys' fees, and 7 punitive damages. Plaintiffs further request such other relief as is deemed just and appropriate under the circumstances. COUNT III — BREACH OF EMPLOYMENT AGREEMENT (Atlantic Tactical v. Zogbi) 47. The allegations set forth in the preceding paragraphs are incorporated herein. 48. The Employment Agreement specifically provides in relevant part, as follows: [Zogbi] agrees that he will not during or after the period of this Agreement, use for himself or others, or disclose to others, any samples, quotations, technical information, trade secrets, customer lists, price lists, know -how or other confidential information of or about [Atlantic Tactical] without [Atlantic Tactical's] prior written authorization. [Zogbi] understands that this undertaking applies to information of a technical, commercial or other nature and that any and all information not made available by [Atlantic Tactical] to the general public is to be considered confidential and subject to this paragraph requiring prior written consent of [Atlantic Tactical].... 49. It is believed and therefore averred that Zogbi disseminated the defamatory Newsletters to customers and vendors of Atlantic Tactical, among others. 50. Atlantic Tactical's customer and vendor lists are not publicly available and are confidential to Atlantic Tactical. 51. Zogbi obtained knowledge of Atlantic Tactical's customer and vendor lists during the course of his employment with Atlantic Tactical. 52. Zogbi's use of Atlantic Tactical's customer and/or vendor lists for dissemination of his defamatory Newsletters constitutes a breach of the above - quoted provision of the Employment Agreement. COUNT IV — PERMANENT INJUNCTION (Plaintiffs v. Zogbi) 53. The allegations set forth in the preceding paragraphs are incorporated herein. 8 54. A permanent injunction is required to reasonably abate further immediate and irreparable injury to the Plaintiffs' interests. 55. There is no remedy at law that will reasonably and adequately compensate the Plaintiffs for the immediate and irreparable harm that has been and will continue to be suffered by the Plaintiffs as a result of Zogbi's conduct. 56. The grant of a permanent injunction will not adversely affect Zogbi or other interested parties. 57. Injunctive relief is specified in the Employment Agreement as an appropriate remedy for any breach of the terms and conditions of the Employment Agreement. WHEREFORE, Plaintiffs respectfully request that the Court issue a permanent injunction enjoining Zogbi from utilizing Plaintiffs' customer lists, vendor lists and other confidential information for any purpose, including, but not limited to the dissemination of defamatory publications about the Plaintiffs to anyone. Plaintiffs further request such other relief as the Court deems just and appropriate under the circumstances. Date: April 3, 2014 Respectfully submitted, METTE, EVANS & WOODSIDE Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 - Phone (717) 236 -1816 - Fax Attorneys for Plaintiffs 9 VERIFICATION I, Sean Conville , hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. To the extent the language of the forgoing document is that of counsel, I have relied upon counsel in making this Verification. DATE: Z1 19 Sean Conville Joe Zogbi Employment Agreement This is an EMPLOYMENT AGREEMENT between Atlantic Tactical ( "AT "), a Pennsylvania corporation, and Joe Zogbi ( "Employee ") who, intending to be legally bound, do hereby agree to the following terms: Definitions For the purposes of this Agreement, the term "AT" shall mean Atlantic Tactical, and any affiliated company /subsidiary/operation or successor. Duties Employee agrees to perform his/her job duties and responsibilities as assigned by AT and abide by the terms of this employment contract. Consideration. Employee's salary will be $45,000 + commission (1' six months $30K guaranteed) payable in accordance with AT's payroll policy then in effect. Fringe Benefits. Employee shall, to the extent permitted by law, be entitled to participate with all other employees of AT in all fringe benefits authorized and adopted from time to time by AT. AT, in its sole discretion, may amend or terminate any and all such plans at any time. Confidential Information and Papers. Employee agrees that he will not during or after the period of this Agreement, use for himself or others, or disclose to others, any samples, quotations, technical information, trade secrets, customer lists, price lists, know-how or other confidential information of or about AT without AT's prior written authorization. Employee understands that this undertaking applies to information of a technical, commercial or other nature and that any and all information not made available by AT to the general public is to be considered confidential and subject to .this paragraph requiring prior written consent of AT. All correspondence, memoranda, notes, records, customer lists, price lists, date, reports, plans and other papers and items received or made by the Employee in connection with his/her service to AT shall be the property of AT, as the case may be, and Employee shall deliver all copies thereof to AT on the termination of this Joe Zo Rbi Employment Agreement This is an EMPLOYMENT AGREEMENT between Atlantic Tactical ( "AT "), a Pennsylvania corporation, and Joe Zogbi ( "Employee ") who, intending to be legally bound, do hereby agree to the following terms: Definitions For the purposes of this Agreement, the term "AT" shall mean Atlantic Tactical, and any affiliated company /subsidiary/operation or successor. Duties Employee agrees to perform his/her job duties and responsibilities as assigned by AT and abide by the terms of this employment contract. Consideration. Employee's salary will be $45,000 + commission (P six months $30K guaranteed) payable in accordance with AT's payroll policy then in effect. Fringe Benefits. Employee shall, to the extent permitted by law, be entitled to participate with all other employees of AT in all fringe benefits authorized and adopted from time to time by AT. AT, in its sole discretion, may amend or terminate any and all such plans at any time. Confidential Information and Papers. Employee agrees that he will not during or after the period of this Agreement, use for himself or others, or disclose to others, any samples, quotations, technical information, trade secrets, customer lists, price lists, know-how or other confidential information of or about AT without AT's prior written authorization. Employee understands that this undertaking applies to information of a technical, commercial or other nature and that any and all information not made available by AT to the general public is to be considered confidential and subject to this paragraph requiring prior written consent of AT. All correspondence, memoranda, notes, records, customer lists, price lists, date, reports, plans and other papers and items received or made by the Employee in connection with his/her service to AT shall be the property of AT, as the case may be, and Employee shall deliver all copies thereof to AT on the termination of this Agreement or at the request of AT. Employee understands that the rights and obligations contained herein will continue to govern the business relationship between the Employee and any company, operation or subsidiary affiliated with AT that Employee may ultimately work for. Covenant Against Competition Employee recognizes that as an employee for AT, he will become privy to and knowledgeable about AT's customers, sources of and general method of operation and agrees that his/her use of such information as a competitor or the furnishing of such information to a competitor will result in undue prejudice to AT. Therefore, Employee agrees that during the term of this Agreement and for a period of two years after termination hereof, Employee will not directly or indirectly: Own, manage, operate, join, control, assist, give counsel or guidance or participate in the ownership, management, operation or control of, or be employed or otherwise connected, associated or affiliated with, any business which at that time or, if later, the termination of this Agreement, is engaged in the sale of products and/or services which compete with products and/or services then sold by AT; Contact any person, directly or indirectly, known by Employee to be a customer or prospective customer of AT for the purpose of soliciting sales for any person, firm or entity, whether or not Employee benefits therefrom directly or indirectly, of an products and/or services which compete with the types of products and/or services sold by AT, or For Employee or any third party to solicit, induce, recruit, or cause another person in the employ of AT to terminate his /her employment for the purposes of joining, associating or becoming employed with any business or activity which is in competition with any product sold, or any business or activity engaged in, by AT. The employee agrees not to participate in, perform, or commit any of these aforementioned activities within the following geographic area State of New York. Remedies In the event Employee shall breach the covenants contained in Paragraph 5 or Paragraph 6 of this Agreement, AT will suffer immediate and irreparable harm not fully compensable by money damages and in such event, and in addition to any remedies which AT may have at law, AT shall be entitled to equitable relief (e.g., an injuction) to enjoin or restrain such breach. Agreement or at the request of AT. Employee understands that the rights and obligations contained herein will continue to govern the business relationship between the Employee and any company, operation or subsidiary affiliated with AT that Employee may ultimately work for. Covenant Against Competition Employee recognizes that as an employee for AT, he will become privy to and knowledgeable about AT's customers, sources of and general method of operation and agrees that his/her use of such information as a competitor or the furnishing of such information to a competitor will result in undue prejudice to AT. Therefore, Employee agrees that during the term of this Agreement and for a period of two years after termination hereof, Employee will not directly or indirectly: Own, manage, operate, join, control, assist, give counsel or guidance or participate in the ownership, management, operation or control of, or be employed or otherwise connected, associated or affiliated with, any business which at that time or, if later, the termination of this Agreement, is engaged in the sale of products and/or services which compete with products and/or services then sold by AT; Contact any person, directly or indirectly, known by Employee to be a customer or prospective customer of AT for the purpose of soliciting sales for any person, firm or entity, whether or not Employee benefits therefrom directly or indirectly, of an products and/or services which compete with the types of products and/or services sold by AT, or For Employee or any third party to solicit, induce, recruit, or cause another person in the employ of AT to terminate his /her employment for the purposes of joining, associating or becoming employed with any business or activity which is in competition with any product sold, or any business or activity engaged in, by AT. The employee agrees not to participate in, perform, or commit any of these aforementioned activities within the following geographic area State of New York. Remedies In the event Employee shall breach the covenants contained in Paragraph 5 or Paragraph 6 of this Agreement, AT will suffer immediate and irreparable harm not fully compensable by money damages and in such event, and in addition to any remedies which AT may have at law, AT shall be entitled to equitable relief (e.g., an injuction) to enjoin or restrain such breach. Should any provision of the covenants contained in Paragraph 5 or Paragraph 6 be adjudged to any extent invalid by any court, such provision will be deemed modified to the minimum extent necessary to make it enforceable in that, or any other, court of competent jurisdiction. Employment At -Will Employee understands that the employment relationship with AT is at -will. This means that either the Employee or AT can terminate the relationship at any time for any reason not prohibited by law. Rights Upon Termination Except as provided below in Paragraphs 9(b) and 9(c), upon termination of this Agreement, Employee shall be entitled to receive salary by ATNJ through the date of termination. Notwithstanding anything herein to the contrary, in the event Employee's employment with AT shall terminate as a result of any breach of any of the covenants contained in Paragraph 5 and/or 6, Employee agrees that he /she shall forfeit all rights, as permitted by law, to any salary otherwise payable under this contract in addition to being liable for any losses suffered or costs incurred by AT, including, but not limited to reasonable attorney's fees resulting from such conduct. Notwithstanding anything in this Agreement to the contrary, Employee's agreements as set for in Paragraphs 5, 6 and 7 shall survive the termination of this Agreement. Entire Agreement Employee agrees that this supersedes any prior agreements or understandings, written or oral, between AT and Employee relating to the subject matter hereof. Employee also agrees that this constitutes the entire agreement between AT and Employee relating to the subject matter hereof and may be modified or amended only in writing, signed by AT and Employee. Choice of Law and Forum This Agreement was entered into in the State of Pennsylvania and will be governed by Pennsylvania law. Any suit to enforce this Agreement shall only be Should any provision of the covenants contained in Paragraph 5 or Paragraph 6 be adjudged to any extent invalid by any court, such provision will be deemed modified to the minimum extent necessary to make it enforceable in that, or any other, court of competent jurisdiction. Employment At -Will Employee understands that the employment relationship with AT is at -will. This means that either the Employee or AT can terminate the relationship at any time for any reason not prohibited by law. Rights Upon Termination Except as provided below in Paragraphs 9(b) and 9(c), upon termination of this Agreement, Employee shall be entitled to receive salary by ATNJ through the date of termination. Notwithstanding anything herein to the contrary, in the event Employee's employment with AT shall terminate as a result of any breach of any of the covenants contained in Paragraph 5 and/or 6, Employee agrees that he /she shall forfeit all rights, as permitted by law, to any salary otherwise payable under this contract in addition to being liable for any losses suffered or costs incurred by AT, including, but not limited to reasonable attorney's fees resulting from such conduct. Notwithstanding anything in this Agreement to the contrary, Employee's agreements as set for in Paragraphs 5, 6 and 7 shall survive the termination of this Agreement. Entire Agreement Employee agrees that this supersedes any prior agreements or understandings, written or oral, between AT and Employee relating to the subject matter hereof. Employee also agrees that this constitutes the entire agreement between AT and Employee relating to the subject matter hereof and may be modified or amended only in writing, signed by AT and Employee. Choice of Law and Forum This Agreement was entered into in the State of Pennsylvania and will be governed by Pennsylvania law. Any suit to enforce this Agreement shall only be brought in a court of competent jurisdiction in Pennsylvania and Employee hereby consents to in personam jurisdiction in such court. Severability. If any provision of this Agreement or application thereof to anyone or under any circumstances is adjudicated to be invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect any other provision or application in any other jurisdiction. The parties intending to be legally bound do hereby execute this agreement. Atlantic Tactical Date 1 By: EMPLOYEE Date fc' H e. b 654-(7 � ZOcC./S Address: CJyvt rM 4- c(c /y (1774-- l 7 Witness: t brought in a court of competent jurisdiction in Pennsylvania and Employee hereby consents to in personam jurisdiction in such court. Severability. If any provision of this Agreement or application thereof to anyone or under any circumstances is adjudicated to be invalid or unenforceable in any jurisdiction, such invalidity or unenforceabili.ty shall not affect any other provision or application in any other jurisdiction. The parties intending to be legally bound do hereby execute this agreement. Atlantic Tactical EMPLOYEE Date /0/Li /0/ 420.,/ & 6.5(42(1 Witness 'eels F Address: 492-C ' e [-mot C(c- r72' C' 144 ct� i�7 /1 72 S" t77',1 11,_ 21,3I11 APR -1 AN 10: 33 CUN2ERL AND COUNTY PENNSYLVANIA Ronald L. Finck, Esquire Sup. Ct. I.D. No. PA 89985 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232-5000 Fax: (717) 236-1816 rlfinck@mette.com SEAN CONVILLE and ATLANTIC : IN THE COURT OF COMMON PLEAS OF TACTICAL, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. : Docket No. 13-5360-Civil Term JOSEPH ZOGBI a/k/a JOE ZOGBI Defendant : JURY TRIAL DEMANDED MOTION FOR PRELIMINARY INJUNCTION Plaintiffs, Sean Conville ("Conville") and Atlantic Tactical, Inc. ("Atlantic Tactical"), (collectively referred to as "Plaintiffs"), file this Motion for Preliminary Injunction in support of which Plaintiffs aver as follows: PARTIES Conville is the President of Atlantic Tactical, a tactical store headquartered in New Cumberland, Pennsylvania, that supplies public safety equipment and uniforms to police, fire protection, emergency medical service, security, and military personnel throughout the United States. 2. Defendant Joseph Zogbi ( "Zogbi ") was employed at Atlantic Tactical as a sales representative from October 2010 through April 2013 pursuant to an October 4, 2010 Employment Agreement, attached hereto as Exhibit "A" (the "Employment Agreement "). 3. The Employment Agreement specifically provides in relevant part, as follows: [Zogbi] agrees that he will not during or after the period of this Agreement, use for himself or others, or disclose to others, any samples, quotations, technical information, trade secrets, customer lists, price lists, know -how or other confidential information of or about [Atlantic Tactical] without [Atlantic Tactical's] prior written authorization. [Zogbi] understands that this undertaking applies to information of a technical, commercial or other nature and that any and all information not made available by [Atlantic Tactical] to the general public is to be considered confidential and subject to this paragraph requiring prior written consent of [Atlantic Tactical].... (Employment Agreement, Ex. A, at p. 1). 4. Atlantic Tactical's customer and vendor lists are not publicly available and are confidential to Atlantic Tactical. 5. Zogbi obtained knowledge of Atlantic Tactical's customer and vendor lists during the course of his employment with Atlantic Tactical. The August 21, 2013 Newsletter 6. At some point prior to Wednesday, August 21, 2013 @ 19:23:27 -0400, Zogbi authored a newsletter titled `Atlantic City Police and Expo News' under the name `Tiger Chung Lee' (the " August 21, 2013 Newsletter "). 7. The August 21, 2013 Newsletter was sent to sales representatives of Atlantic Tactical and to Atlantic Tactical' s competitors via email from tigerchunglee@outlook.com. A copy of the August 21, 2013 Newsletter is attached hereto as Exhibit `B ". 2 8. The August 21, 2013 Newsletter purports to be a transcript of an interview of Conville about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 9. At no point did Conville submit to an interview about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 10. The August 21, 2013 Newsletter attributes the following language to Conville: "While I am NOT a fan of Barack Obama, he is going to go down in history as the single greatest gun salesman in history, he makes Sam Colt look like a p "Sometimes I thank God for crazy people They do wonders for my bottom line." "In Graduate School they taught us to never let a tragedy go to waste." "1 am not a fan of unions, they always seem to have their hands out and expect to be "donated" to. That doesn't happen here in PA, but in NY you have to pay to play, it was worth the monetary investment." 11. The August 21, 2013 Newsletter also attributes pejorative statements about women to Conville. 12. Contrary to the statements made in the August 21, 2013 Newsletter, Conville was not interviewed by anyone and did not make any of the statements attributed to him in the August 21, 2013 Newsletter. 13. It is believed that the August 21, 2013 Newsletter was distributed to sales customers, representatives, vendors, and competitors of Atlantic Tactical via electronic transmission, which information is confidential and was obtained during Zogbi's employment at Atlantic Tactical. 14. The August 21, 2013 Newsletter intentionally misleads the readers into believing that Conville gave the interview and made the statements attributed to him. 3 15. The statements in the August 21, 2013 Newsletter were false, malicious, intentional, and damaging at the time they were being made and they remain wholly false in substance and in fact. The January 31, 2014 Newsletter 16. At some point prior to Friday, January 31, 2014, the Defendants authored a second newsletter titled `Tactical News -The End of Atlantic Tactical ?' (the "January 31, 2014 Newsletter," and collectively with the August 21, 2013 Newsletter, the "Newsletters "). A true and correct copy of the January 31, 2014 Newsletter is attached hereto as Exhibit "C" and made a part hereof by reference. 17. Like the August 21, 2013 Newsletter, the January 31, 2014 Newsletter was written under the name `Tiger Chung Lee.' 18. The January 31, 2014 Newsletter was, again, disseminated to sales representatives and vendors of Atlantic Tactical and to Atlantic Tactical's competitors. 19. The January 31, 2014 Newsletter purports to be a follow -up to the August 21, 2013 Newsletter and describes an altercation thatZogbi claims occurred between Conville and two unidentified New York police chiefs during the International Association of Chiefs of Police Conference in Philadelphia in October of 2013. 20. No such altercation occurred between Conville and anyone else during the Philadelphia International Association of Chiefs of Police Conference. 21. The January 31, 2014 Newsletter further criticizes Atlantic Tactical's employment and business practices and contends that Atlantic Tactical is under investigation by one of its supplier's legal department and by the New York Attorney General's Office. 22. Atlantic Tactical is not under investigation by anyone. 4 23. The August 21, 2013 Newsletter was distributed to sales customers, representatives, vendors, and competitors of Atlantic Tactical via electronic transmission, which information is confidential and was obtained during Zogbi's employment at Atlantic Tactical. 24. The January 31, 2014 Newsletter intentionally misleads the readers into believing that Conville was involved in a public altercation and that Atlantic Tactical engages in unsavory business and employment practices. 25. The statements in the January 31, 2014 Newsletter were false, malicious, intentional, and damaging at the time they were being made and they remain wholly false in substance and in fact. 26. The statements and innuendos contained in the Newsletters are defamatory of the Plaintiffs as they intended to convey the following to readers: a. that Conville's professional judgment, character, motivations, and decision making is flawed, questionable, and unprofessional; b. that the Plaintiffs are dishonest, unqualified, and do not work well with their subcontractors; c. that Conville has a pejorative view of women and minorities in Atlantic Tactical's industry; d. that Plaintiffs use dishonest tactics to sell Atlantic Tactical's products; e. that Atlantic Tactical is negligent in the handling of its goods (i.e. guns and suppressors); f. that Atlantic Tactical seeks to profit off of tragedies suffered by others; and 5 g. that Atlantic Tactical and /or Conville has political and social views that others are likely to find offensive. Procedural History 27. Plaintiffs commenced this action by filing a Complaint against ten (10) John Doe Defendants on September 10, 2013, because Plaintiffs did not know that Zogbi was the author of the Newsletters. 28. Through the use of a Private Cyber Investigator, Plaintiffs have now identified Defendant as the author of the Newsletters and the individual responsible for their dissemination in violation of the Employment Agreement. 29. Concurrently with the filing of this Motion, Plaintiffs are filing a Motion Seeking Leave of Court to File an Amended Complaint, together with an Amended Complaint naming Zogbi as the Defendant. 30. The Amended Complaint asserts claims for Defamation/Libel (Count I), False Light/Invasion of Privacy (Count II), Breach of Employment Agreement (Count III) and seeks permanent injunctive relief (Count IV). 31. It is believed and therefore averred that Zogbi disseminated the defamatory Newsletters to customers and vendors of Atlantic Tactical, among others. 32. Atlantic Tactical's customer and vendor lists are not publicly available and are confidential to Atlantic Tactical. 33. Zogbi obtained knowledge of Atlantic Tactical's customer and vendor lists during the course of his employment with Atlantic Tactical. 6 Motion for Preliminary Injunction 34. Plaintiff herein seeks a preliminary injunction enjoining Defendant from using Plaintiff's customer and vendor lists for his own purposes, including, but not limited, to, the dissemination of false and defamatory statements. 35. A preliminary injunction is required and reasonably suited to abate further immediate and irreparable harm to the Plaintiffs' interests. 36. Plaintiffs will likely prevail on the merits of their claims against Defendant in this action. 37. There is no remedy at law that will reasonably and adequately compensate Plaintiff for the immediate, irreparable harm that has been and will continue to be suffered by Plaintiffs if the requested injunction is not entered. 38. The granting of this preliminary injunction will not adversely affect Defendant or the public interest. 39. The requested injunction will return the parties to the status quo as it existed before the harmful conduct by Defendant. 40. Greater injury would result to Plaintiff from the Court's refusal to grant an injunction than the grant of the injunction would cause to Defendant. 41. The grant of a preliminary injunction will not adversely affect Zogbi or other interested parties. 42. Injunctive relief is specified in the Employment Agreement as an appropriate remedy for any breach of the terms and conditions of the Employment Agreement. 7 43. The Honorable Edward E. Guido entered Orders dated September 16, 2013, February 3, 2014 and March 3, 2014 in this case. No other Judge has ruled on any other issues in the case. 44. Because Zogbi has not yet been served with the Amended Complaint and no counsel has appeared in this case on his behalf, Plaintiffs have not sought the concurrence of opposing counsel in this Motion. WHEREFORE, Plaintiffs respectfully request that the Court issue a permanent injunction enjoining Zogbi from utilizing any customer lists, vendor lists or other confidential information of Plaintiffs for his own purposes, including, but not limited to, the dissemination of false and defamatory statements. Date: April 3, 2014 Respectfully submitted, METTE, EVANS & WOODSIDE By: Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. 0. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs 8 VERIFICATION I, Sean Conville , hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. To the extent the language of the forgoing document is that of counsel, I have relied upon counsel in making this Verification. DATE: "l, 1*IL ) Sean Conville A-- Joe Zogbi Employment Agreement This is an EMPLOYMENT AGREEMENT between Atlantic Tactical ( "AT "), a Pennsylvania corporation, and Joe Zogbi ( "Employee ") who, intending to be legally bound, do hereby agree to the following terms: Definitions For the purposes of this Agreement, the term "AT" shall mean Atlantic Tactical, and any affiliated company /subsidiary/operation or successor. Duties Employee agrees to perform his/her job duties and responsibilities as assigned by AT and abide by the terms of this employment contract. Consideration. Employee's salary will be $45,000 + commission (1' six months $30K guaranteed) payable in accordance with AT's payroll policy then in effect. Fringe Benefits. Employee shall, to the extent permitted by law, be entitled to participate with all other employees of AT in all fringe benefits authorized and adopted from time to time by AT. AT, in its sole discretion, may amend or terminate any and all such plans at any time. Confidential Information and Papers. Employee agrees that he will not during or after the period of this Agreement, use for himself or others, or disclose to others, any samples, quotations, technical information, trade secrets, customer lists, price lists, know -how or other confidential information of or about AT without AT's prior written authorization. Employee understands that this undertaking applies to information of a technical, commercial or other nature and that any and all information not made available by AT to the general public is to be considered confidential and subject .to .this paragraph requiring prior written consent of AT. All correspondence, memoranda, notes, records, customer lists, price lists, date, reports, plans and other papers and items received or made by the Employee in connection with his/her service to AT shall be the property of AT, as the case may be, and Employee shall deliver all copies thereof to AT on the termination of this Joe Zoobi Employment Agreement This is an EMPLOYMENT AGREEMENT between Atlantic Tactical ( "AT "), a Pennsylvania corporation, and Joe Zogbi ( "Employee ") who, intending to be legally bound, do hereby agree to the following terms: Definitions For the purposes of this Agreement, the term "AT" shall mean Atlantic Tactical, and any affiliated company /subsidiary /operation or successor. Duties Employee agrees to perform his/her job duties and responsibilities as assigned by AT and abide by the terms of this employment contract. Consideration. Employee's salary will be $45,000 + commission (1' six months $30K guaranteed) payable in accordance with AT's payroll policy then in effect. Fringe Benefits. Employee shall, to the extent permitted by law, be entitled to participate with all other employees of AT in all fringe benefits authorized and adopted from time to time by AT. AT, in its sole discretion, may amend or terminate any and all such plans at any time. Confidential Information and Papers. Employee agrees that he will not during or after the period of this Agreement, use for himself or others, or disclose to others, any samples, quotations, technical information, trade secrets, customer lists, price lists, know -how or other confidential information of or about AT without AT's prior written authorization. Employee understands that this undertaking applies to information of a technical, commercial or other nature and that any and all information not made available by AT to the general public is to be considered confidential and subject-to,this paragraph requiring prior written consent of AT. All correspondence, memoranda, notes, records, customer lists, price lists, date, reports, plans and other papers and items received or made by the Employee in connection with his/her service to AT shall be the property of AT, as the case may be, and Employee shall deliver all copies thereof to AT on the termination of this Agreement or at the request of AT. Employee understands that the rights and obligations contained herein will continue to govern the business relationship between the Employee and any company, operation or subsidiary affiliated with AT that Employee may ultimately work for. Covenant Against Competition Employee recognizes that as an employee for AT, he will become privy to and knowledgeable about AT's customers, sources of and general method of operation and agrees that his/her use of such information as a competitor or the furnishing of such information to a competitor will result in undue prejudice to AT. Therefore, Employee agrees that during the term of this Agreement and for a period of two years after termination hereof, Employee will not directly or indirectly: Own, manage, operate, join, control, assist, give counsel or guidance or participate in the ownership, management, operation or control of, or be employed or otherwise connected, associated or affiliated with, any business which at that time or, if later, the termination of this Agreement, is engaged in the sale of products and/or services which compete with products and/or services then sold by AT; Contact any person, directly or indirectly, known by Employee to be a customer or prospective customer of AT for the purpose of soliciting sales for any person, firm or entity, whether or not Employee benefits therefrom directly or indirectly, of an products and/or services which compete with the types of products and/or services sold by AT, or For Employee or any third party to solicit, induce, recruit, or cause another person in the employ of AT to terminate his /her employment for the purposes of joining, associating or becoming employed with any business or activity which is in competition with any product sold, or any business or activity engaged in, by AT. The employee agrees not to participate in, perform, or commit any of these aforementioned activities within the following geographic area State of New York. Remedies In the event Employee shall breach the covenants contained in Paragraph 5 or Paragraph 6 of this Agreement, AT will suffer immediate and irreparable harm not fully compensable by money damages and in such event, and in addition to any remedies which AT may have at law, AT shall be entitled to equitable relief (e.g., an injuction) to enjoin or restrain such breach. Agreement or at the request of AT. Employee understands that the rights and obligations contained herein will continue to govern the business relationship between the Employee and any company, operation or subsidiary affiliated with AT that Employee may ultimately work for. Covenant Against Competition Employee recognizes that as an employee for AT, he will become privy to and knowledgeable about AT' s customers, sources of and general method of operation and agrees that his/her use of such information as a competitor or the furnishing of such information to a competitor will result in undue prejudice to AT. Therefore, Employee agrees that during the term of this Agreement and for a period of two years after termination hereof, Employee will not directly or indirectly: Own, manage, operate, join, control, assist, give counsel or guidance or participate in the ownership, management, operation or control of, or be employed or otherwise connected, associated or affiliated with, any business which at that time or, if later, the termination of this Agreement, is engaged in the sale of products and/or services which compete with products and/or services then sold by AT; Contact any person, directly or indirectly, known by Employee to be a customer or prospective customer of AT for the purpose of soliciting sales for any person, firm or entity, whether or not Employee benefits therefrom directly or indirectly, of an products and/or services which compete with the types of products and/or services sold by AT, or For Employee or any third party to solicit, induce, recruit, or cause another person in the employ of AT to terminate his /her employment for the purposes of joining, associating or becoming employed with any business or activity which is in competition with any product sold, or any business or activity engaged in, by AT. The employee agrees not to participate in, perform, or commit any of these aforementioned activities within the following geographic area State of New York. Remedies In the event Employee shall breach the covenants contained in Paragraph 5 or Paragraph 6 of this Agreement, AT will suffer immediate and irreparable harm not fully compensable by money damages and in such event, and in addition to any remedies which AT may have at taw, AT shall be entitled to equitable relief (e.g., an injuction) to enjoin or restrain such breach. Should any provision of the covenants contained in Paragraph 5 or Paragraph 6 be adjudged to any extent invalid by any court, such provision will be deemed modified to the minimum extent necessary to make it enforceable in that, or any other, court of competent jurisdiction. Employment At -Will Employee understands that the employment relationship with AT is at -will. This means that either the Employee or AT can terminate the relationship at any time for any reason not prohibited by law. Rights Upon Termination Except as provided below in Paragraphs 9(b) and 9(c), upon termination of this Agreement, Employee shall be entitled to receive salary by ATNJ through the date of termination. Notwithstanding anything herein to the contrary, in the event Employee's employment with AT shall terminate as a result of any breach of any of the covenants contained in Paragraph 5 and/or 6, Employee agrees that he /she shall forfeit all rights, as permitted by law, to any salary otherwise payable under this contract in addition to being liable for any losses suffered or costs incurred by AT, including, but not limited to reasonable attorney's fees resulting from such conduct. Notwithstanding anything in this Agreement to the contrary, Employee's agreements as set for in Paragraphs 5, 6 and 7 shall survive the termination of this Agreement. Entire Agreement Employee agrees that this supersedes any prior agreements or understandings, written or oral, between AT and Employee relating to the subject matter hereof. Employee also agrees that this constitutes the entire agreement between AT and Employee relating to the subject matter hereof and may be modified or amended only in writing, signed by AT and Employee. Choice of Law and Forum This Agreement was entered into in the State of Pennsylvania and will be governed by Pennsylvania law. Any suit to enforce this Agreement shall only be Should any provision of the covenants contained in Paragraph 5 or Paragraph 6 be adjudged to any extent invalid by any court, such provision will be deemed modified to the minimum extent necessary to make it enforceable in that, or any other, court of competent jurisdiction. Employment At -Will Employee understands that the employment relationship with AT is at -will. This means that either the Employee or AT can terminate the relationship at any time for any reason not prohibited by law. Rights Upon Termination Except as provided below in Paragraphs 9(b) and 9(c), upon termination of this Agreement, Employee shall be entitled to receive salary by ATNJ through the date of termination. Notwithstanding anything herein to the contrary, in the event Employee's employment with AT shall terminate as a result of any breach of any of the covenants contained in Paragraph 5 and/or 6, Employee agrees that he /she shall forfeit all rights, as permitted by law, to any salary otherwise payable under this contract in addition to being liable for any losses suffered or costs incurred by AT, including, but not limited to reasonable attorney's fees resulting from such conduct. Notwithstanding anything in this Agreement to the contrary, Employee's agreements as set for in Paragraphs 5, 6 and 7 shall survive the termination of this Agreement. Entire Agreement Employee agrees that this supersedes any prior agreements or understandings, written or oral, between AT and Employee relating to the subject matter hereof. Employee also agrees that this constitutes the entire agreement between AT and Employee relating to the subject matter hereof and may be modified or amended only in writing, signed by AT and Employee. Choice of Law and Forum This Agreement was entered into in the State of Pennsylvania and will be governed by Pennsylvania law. Any suit to enforce this Agreement shall only be brought in a court of competent jurisdiction in Pennsylvania and Employee hereby consents to in personam jurisdiction in such court. Severability. If any provision of this Agreement or application thereof to anyone or under any circumstances is adjudicated to be invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect any other provision or application in any other jurisdiction. The parties intending to be legally bound do hereby execute this agreement. Dat Atlantic Tactical EMPLOYEE Address: AC 77/2. Cc( brought in a court of competent jurisdiction in Pennsylvania and Employee hereby consents to in personam jurisdiction in such court. Severability. If any provision of this Agreement orapplication thereof to anyone or under any circumstances is adjudicated to be invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect any other provision or application in any other jurisdiction. The parties intending to be tegaily bound do hereby execute this agreement. Atlantic Tactical EMPLOYEE Address: 444 C(<' 4-cg ((72 - SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs, v. JOHN DOES 1-10, Defendants MI APR -9 AN 8: 24 CUMBERLAND COUNTY PENKS YLVA NIA IN THE COURT OF COMMON PLEAS OF • • CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 13-5360 Civil Term : JURY TRIAL DEMANDED ORDER GRANTING PLAINTIFFS' MOTION SEEKING LEAVE TO FILE AN AMENDED COMPLAINT AND NOW, this 349 day of/01008_4 ■L. , 2014, upon consideration of the Plaintiffs' Motion Seeking Leave of Court to File an Amended Complaint it is hereby ORDERED that the said Motion is GRANTED. Plaintiffs may file an Amended Complaint in the above- captioned action. The Prothonotary is directed to amend the caption of the above-captioned v:tion to conform with the Plaintiffs'Amended Complaint. (J) Jtion: ,./o.7ruld L. Finck, Esq., Mette, Evans & Woodside, 3401 North Front Street, Harrisburg, PA 17110; Phone: (717) 232-5000; Fax: (717) 236-1816; rlfinck@mette.com ez) ntat, izc .st/ci 704500v1 Ronald L. Finck, Esquire Sup. Ct. I.D. No. PA 89985 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232 -5000 Fax: (717) 236 -1816 rlfinck @mette.com SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs, v. JOSEPH ZOGBI a/k/a JOE ZOGBI Defendant F UN{I TAR 20i APR 15 Ail 11: 53 CUMBERLAND COUN1 PENNSYLV'AMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 13 -5360 -Civil Term : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249 -3166 Ronald L. Finck, Esquire Sup. Ct. I.D. No. PA 89985 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232 -5000 Fax: (717) 236 -1816 rlfinck @mette.com SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs, UUt i ?E,RLAND COUNTY YLY /,NIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : Docket No. 13 -5360 -Civil Term JOSEPH ZOGBI a/k/a JOE ZOGBI Defendant : JURY TRIAL DEMANDED AMENDED COMPLAINT Plaintiffs, Sean Conville ( "Conville ") and Atlantic Tactical, Inc. ( "Atlantic Tactical "), (collectively referred to as "Plaintiffs "), file this Amended Complaint against Defendant, Joseph Zogbi a/k/a Joe Zogbi ( "Zogbi ") alleging as follows: PARTIES 1. Conville is an adult individual residing at 2380 Woodstream Way, Enola, Pennsylvania 17025 -1351. 2. Atlantic Tactical is a Pennsylvania business corporation with a principal place of business at 772 Corporate Circle, New Cumberland, Pennsylvania, 17070 -2349. 3. Zogbi is an adult individual residing at 25 Pickwick Drive, Commack, NY 11725. 704468v1 4. Zogbi is a former employee of Atlantic Tactical pursuant to an at -will employment agreement dated October 4, 2010 (the "Employment Agreement "), which Employment Agreement is attached hereto as Exhibit "A ". 5. Upon information and belief, Zogbi operates under the alias `Tiger Chung Lee.' OPERATIVE FACTS 6. Atlantic Tactical operates a tactical store headquartered in New Cumberland, Pennsylvania that supplies uniforms and equipment for law enforcement 7. Atlantic Tactical operates four (4) retail stores and directly solicits customers through the use of outside sales representatives, vendors, catalogues, and a website. 8. Atlantic Tactical provides public safety equipment and uniforms to police, fire protection, emergency medical service, security, and military personnel throughout the United States. 9. Conville is the President of Atlantic Tactical. 10. Zogbi worked for Atlantic Tactical as a sales representative pursuant to the Employment Agreement from October 2010 through April 2013. The August 21, 2013 Newsletter 11. At some point prior to Wednesday, August 21, 2013 @ 19:23:27 -0400, Zogbi authored a newsletter titled `Atlantic City Police and Expo News' under the name `Tiger Chung Lee' (the " August 21, 2013 Newsletter "). 12. The August 21, 2013 Newsletter was sent to sales representatives of Atlantic Tactical and to Atlantic Tactical' s competitors via email from tigerchunglee @outlook.com. A copy of the August 21, 2013 Newsletter is attached hereto as Exhibit "B" and made a part hereof by reference. 2 13. The August 21, 2013 Newsletter purports to be a transcript of an interview of Conville about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 14. At no point did Conville submit to an interview about Atlantic Tactical during the Atlantic City Police and Security Exposition in or about the fall of 2013. 15. The August 21, 2013 Newsletter attributes the following language to Conville: "While I am NOT a fan of Barack Obama, he is going to go down in history as the single greatest gun salesman in history, he makes Sam Colt look like a p "Sometimes I thank God for crazy people They do wonders for my bottom line. " "In Graduate School they taught us to never let a tragedy go to waste." "1 am not a fan of unions, they always seem to have their hands out and expect to be "donated" to. That doesn't happen here in PA, but in NY you have to pay to play, it was worth the monetary investment." 16. The August 21, 2013 Newsletter also attributes pejorative statements about women to Conville. 17. Contrary to the statements made in the Newsletter, Conville was not interviewed by anyone and did not make any of the statements attributed to him in the August 21, 2013 Newsletter. 18. The Newsletter was distributed to sales representatives, vendors, and competitors of Atlantic Tactical via electronic transmission. The exact scope of the dissemination of the August 21, 2013 Newsletter is presently unknown to the Plaintiffs. 19. The August 21, 2013 Newsletter intentionally misleads the readers into believing that Conville gave the interview and made the statements attributed to him. 3 20. The statements in the August 21, 2013 Newsletter were false, malicious, intentional, and damaging at the time they were being made and they remain wholly false in substance and in fact. The January 31, 2014 Newsletter 21. At some point prior to Friday, January 31, 2014, the Defendants authored a second newsletter titled `Tactical News -The End of Atlantic Tactical ?' (the "January 31, 2014 Newsletter ", and collectively with the August 21, 2013 Newsletter, the "Newsletters "). A true and correct copy of the January 31, 2014 Newsletter is attached hereto as Exhibit "C" and made a part hereof by reference. 22. Like the August 21, 2013 Newsletter, the January 31, 2014 Newsletter was written under the name `Tiger Chung Lee.' 23. The January 31, 2014 Newsletter was, again, disseminated to sales representatives and vendors of Atlantic Tactical and to Atlantic Tactical's competitors. 24. The January 31, 2014 Newsletter purports to be a follow -up to the August 21, 2013 Newsletter and describes an altercation that Zogbi claims occurred between Conville and two unidentified New York police chiefs during the International Association of Chiefs of Police Conference in Philadelphia in October of 2013. 25. No such altercation occurred between Conville and anyone else during the Philadelphia International Association of Chiefs of Police Conference. 26. The January 31, 2014 Newsletter further criticizes Atlantic Tactical's employment and business practices and contends that Atlantic Tactical is under investigation by one of its supplier's legal department and by the New York Attorney General's Office. 27. Atlantic Tactical is not under investigation by anyone. 4 28. The January 31, 2014 Newsletter was distributed by Zogbi to sales representatives, vendors, and competitors of Atlantic Tactical via electronic transmission. The exact scope of the dissemination of the Second Newsletter is presently unknown to the Plaintiffs. 29. The January 31, 2014 Newsletter intentionally misleads the readers into believing that Conville was involved in a public altercation and that Atlantic Tactical engages in unsavory business and employment practices. 30. The statements in the January 31, 2014 Newsletter were false, malicious, intentional, and damaging at the time they were being made and they remain wholly false in substance and in fact. 31. The statements and innuendos contained in the Newsletters are defamatory of the Plaintiffs as they intended to convey the following to readers: a. b. that Conville's professional judgment, character, motivations, and decision making is flawed, questionable, and unprofessional; that the Plaintiffs are dishonest, unqualified, and do not work well with their subcontractors; c. that Conville has a pejorative view of women and minorities in Atlantic Tactical's industry; that Plaintiffs use dishonest tactics to sell Atlantic Tactical's products; that Atlantic Tactical is negligent in the handling of its goods (i.e. guns and suppressors); f. that Atlantic Tactical seeks to profit off of tragedies suffered by others; d. e. and 5 g. that Atlantic Tactical and /or Conville has political and social views that others are likely to find offensive. 32. In engaging in the above - referenced activities, Zogbi has caused damage to the Plaintiffs. 33. Plaintiffs have been required to retain the services of a Private Cyber Investigator and should be entitled to reimbursement of the investigation fees and litigation costs involved in prosecuting this matter. 34. Zogbi's actions described herein were wanton, willful, oppressive and /or exhibited a reckless indifference to the rights of the Plaintiffs such that punitive damages are warranted in an amount sufficient to punish Defendants and deter future misconduct. COUNT I - DEFAMATION/LIBEL (Plaintiffs v. Zogbi) 35. The allegations set forth in the preceding paragraphs are incorporated herein. 36. Zogbi has defamed and /or libeled Plaintiffs by willfully authoring defamatory information about the Plaintiffs. 37. Upon information and belief, Zogbi has intentionally harmed Plaintiffs' reputations and business by authoring and disseminating false and defamatory statements and attributing them to the Plaintiffs. 38. The publication of the Newsletters was a calculated effort to harm the Plaintiffs' reputations by lowering them in the estimation of the community and/or to deter third persons from associating or dealing with the Plaintiffs. 39. The information written ascribes to the Plaintiffs conduct, character, and /or a condition that adversely affects the Plaintiffs' fitness for the proper conduct of their proper business, trade, and /or profession. 6 40. Upon information and belief, Zogbi purposefully tried to hide their identity by authoring the newsletter anonymously utilizing a name which was designed to disguise their defamatory actions and true identities. 41. Zogbi's actions have caused harm to Plaintiffs' business, trade, profession, occupation and harm to Plaintiffs' reputations in an amount in excess of $50,000. WHEREFORE, Plaintiffs' respectfully request that this Court enter judgment against Zogbi in an amount in excess of $50,000 together with interest, costs, attorneys' fees, and punitive damages. Plaintiffs further request such other relief as is deemed just and appropriate under the circumstances. COUNT II - INVASION OF PRIVACY /FALSE LIGHT (Plaintiffs v. Zogbi) 42. The allegations set forth in the preceding paragraphs are incorporated herein. 43. Zogbi communicated the false Newsletters to the public or to so many persons that the matter must be regarded as substantially certain to become one of public knowledge within the community. 44. By communicating, directing and /or participating in the communication of the Newsletters, Zogbi gave publicity to matters concerning the Plaintiffs before the public in a false light. 45. Publicizing the matters set forth in the Newsletters would be, and was, highly offensive to a reasonable person. 46. Zogbi knew that the statements contained in the Newsletters were false and that readers would, or were likely to, perceive the Plaintiffs in a false and negative light. WHEREFORE, Plaintiffs' respectfully request that this Court enter judgment against Zogbi in an amount in excess of $50,000 together with interest, costs, attorneys' fees, and 7 punitive damages. Plaintiffs further request such other relief as is deemed just and appropriate under the circumstances. COUNT III — BREACH OF EMPLOYMENT AGREEMENT (Atlantic Tactical v. Zogbi) 47. The allegations set forth in the preceding paragraphs are incorporated herein. 48. The Employment Agreement specifically provides in relevant part, as follows: [Zogbi] agrees that he will not during or after the period of this Agreement, use for himself or others, or disclose to others, any samples, quotations, technical information, trade secrets, customer lists, price lists, know -how or other confidential information of or about [Atlantic Tactical] without [Atlantic Tactical's] prior written authorization. [Zogbi] understands that this undertaking applies to information of a technical, commercial or other nature and that any and all information not made available by [Atlantic Tactical] to the general public is to be considered confidential and subject to this paragraph requiring prior written consent of [Atlantic Tactical].... 49. It is believed and therefore averred that Zogbi disseminated the defamatory Newsletters to customers and vendors of Atlantic Tactical, among others. 50. Atlantic Tactical's customer and vendor lists are not publicly available and are confidential to Atlantic Tactical. 51. Zogbi obtained knowledge of Atlantic Tactical's customer and vendor lists during the course of his employment with Atlantic Tactical. 52. Zogbi's use of Atlantic Tactical's customer and /or vendor lists for dissemination of his defamatory Newsletters constitutes a breach of the above - quoted provision of the Employment Agreement. COUNT IV — PERMANENT INJUNCTION (Plaintiffs v. Zogbi) 53. The allegations set forth in the preceding paragraphs are incorporated herein. 8 54. A permanent injunction is required to reasonably abate further immediate and irreparable injury to the Plaintiffs' interests. 55. There is no remedy at law that will reasonably and adequately compensate the Plaintiffs for the immediate and irreparable harm that has been and will continue to be suffered by the Plaintiffs as a result of Zogbi's conduct. 56. The grant of a permanent injunction will not adversely affect Zogbi or other interested parties. 57. Injunctive relief is specified in the Employment Agreement as an appropriate remedy for any breach of the terms and conditions of the Employment Agreement. WHEREFORE, Plaintiffs respectfully request that the Court issue a permanent injunction enjoining Zogbi from utilizing Plaintiffs' customer lists, vendor lists and other confidential information for any purpose, including, but not limited to the dissemination of defamatory publications about the Plaintiffs to anyone. Plaintiffs further request such other relief as the Court deems just and appropriate under the circumstances. By: Date: April 14, 2014 Respectfully submitted, METTE, EVANS & WOODSIDE Reyvxl-k 4. Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 - Phone (717) 236 -1816 - Fax Attorneys for Plaintiffs 9 VERIFICATION I, Sean Conville , hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. To the extent the language of the forgoing document is that of counsel, I have relied upon counsel in making this Verification. DATE: Sean Conville Joe Zorbi Employment Agreement This is an EMPLOYMENT AGREEMENT between Atlantic Tactical ( "AT "), a Pennsylvania corporation, and Joe Zogbi ( "Employee ") who, intending to be legally bound, do hereby agree to the following terms: Definitions For the purposes of this Agreement, the term "AT" shall mean Atlantic Tactical, and any affiliated company /subsidiary/operation or successor. Duties Employee agrees to perform his/her job duties and responsibilities as assigned by AT and abide by the terms of this employment contract. Consideration. Employee's salary will be $45,000 + commission (1' six months $30K guaranteed) payable in accordance with AT's payroll policy then in effect. Fringe Benefits. Employee shall, to the extent permitted by law, be entitled to participate with all other employees of AT in all fringe benefits authorized and adopted from time to time by AT. AT, in its sole discretion, may amend or terminate any and all such plans at any time. Confidential Information and Papers. Employee agrees that he will not during or after the period of this Agreement, use for himself or others, or disclose to others, any samples, quotations, technical information, trade secrets, customer lists, price lists, know-how or other confidential information of or about AT without AT's prior written authorization. Employee understands that this undertaking applies to information of a technical, commercial or other nature and that any and all information not made available by AT to the general public is to be considered confict'ntial.and subject.to.this paragraph requiring prior written consent of AT. All correspondence, memoranda, notes, records, customer lists, price lists, date, reports, plans and other papers and items received or made by the Employee in connection with his/her service to AT shall be the property of AT, as the case may be, and Employee shall deliver all copies thereof to AT on the termination of this Joe Zogbi Employment Agreement This is an EMPLOYMENT AGREEMENT between Atlantic Tactical ( "AT "), a Pennsylvania corporation, and Joe Zogbi ( "Employee ") who, intending to be legally bound, do hereby agree to the following terms: Definitions For the purposes of this Agreement, the term "AT" shall mean Atlantic Tactical, and any affiliated company /subsidiary/operation or successor. Duties Employee agrees to perform his/her job duties and responsibilities as assigned by AT and abide by the terms of this employment contract. Consideration. Employee's salary will be $45,000 + commission (ld six months $30K guaranteed) payable in accordance with AT's payroll policy then in effect. Fringe Benefits. Employee shall, to the extent permitted by law, be entitled to participate with all other employees of AT in all fringe benefits authorized and adopted from time to time by AT. AT, in its sole discretion, may amend or terminate any and all such plans at any time. Confidential Information and Papers. Employee agrees that he will not during or after the period of this Agreement, use for himself or others, or disclose to others, any samples, quotations, technical information, trade secrets, customer lists, price lists, know-how or other confidential information of or about AT without AT' s prior written authorization. Employee understands that this undertaking applies to information of a technical, commercial or other nature and that any and all information not made available by AT to the general public is to be considered confi& ntialand subject .to,this paragraph requiring prior written consent of AT. All correspondence, memoranda, notes, records, customer lists, price lists, date, reports, plans and other papers and items received or made by the Employee in connection with his/her service to AT shall be the property of AT, as the case may be, and Employee shall deliver all copies thereof to AT on the termination of this Agreement or at the request of AT. Employee understands that the rights and obligations contained herein will continue to govern the business relationship between the Employee and any company, operation or subsidiary affiliated with AT that Employee may ultimately work for. Covenant Against Competition Employee recognizes that as an employee for AT, he will become privy to and knowledgeable about AT' s customers, sources of and general method of operation and agrees that his/her use of such information as a competitor or the furnishing of such infonnation to a competitor will result in undue prejudice to AT. Therefore, Employee agrees that during the term of this Agreement and for a period of two years after termination hereof, Employee will not directly or indirectly: Own, manage, operate, join, control, assist, give counsel or guidance or participate in the ownership, management, operation or control of, or be employed or otherwise connected, associated or affiliated with, any business which at that time or, if later, the termination of this Agreement, is engaged in the sale of products and/or services which compete with products and/or services then sold by AT; Contact any person, directly or indirectly, known by Employee to be a customer or prospective customer of AT for the purpose of soliciting sales for any person, firm or entity, whether or not Employee benefits therefrom directly or indirectly, of an products and/or services which compete with the types of products and/or services sold by AT, or For Employee or any third party to solicit, induce, recruit, or cause another person in the employ of AT to terminate his/her employment for the purposes of joining, associating or becoming employed with any business or activity which is in competition with any product sold, or any business or activity engaged in, by AT. The employee agrees not to participate in, perform, or commit any of these aforementioned activities within the following geographic area State of New York. Remedies In the event Employee shall breach the covenants contained in Paragraph 5 or Paragraph 6 of this Agreement, AT will suffer immediate and irreparable harm not fully compensable by money damages and in such event, and in addition to any remedies which AT may have at law, AT shall be entitled to equitable relief (e.g., an injuction) to enjoin or restrain such breach. Agreement or at the request of AT. Employee understands that the rights and obligations contained herein will continue to govern the business relationship between the Employee and any company, operation or subsidiary affiliated with AT that Employee may ultimately work for. Covenant Against Competition Employee recognizes that as an employee for AT, he will become privy to and knowledgeable about AT's customers, sources of and general method of operation and agrees that his/her use of such information as a competitor or the furnishing of such information to a competitor will result in undue prejudice to AT. Therefore, Employee agrees that during the term of this Agreement and for a period of two years after termination hereof, Employee will not directly or indirectly: Own, manage, operate, join, control, assist, give counsel or guidance or participate in the ownership, management, operation or control of, or be employed or otherwise connected, associated or affiliated with, any business which at that time or, if later, the termination of this Agreement, is engaged in the sale of products and/or services which compete with products and/or services then sold by AT; Contact any person, directly or indirectly, known by Employee to be a customer or prospective customer of AT for the purpose of soliciting sales for any person, firm or entity, whether or not Employee benefits therefrom directly or indirectly, of an products and/or services which compete with the types of products and/or services sold by AT, or For Employee or any third party to solicit, induce, recruit, or cause another person in the employ of AT to terminate his/her employment for the purposes of joining, associating or becoming employed with any business or activity which is in competition with any prodtiw t sold, or any business or activity engaged in, by AT. The employee agrees not to participate in, perform, or commit any of these aforementioned activities within the following geographic area State of New York. Remedies In the event Employee shall breach the covenants contained in Paragraph 5 or Paragraph 6 of this Agreement, AT will suffer immediate and irreparable harm not fully compensable by money damages and in such event, and in addition to any remedies which AT may have at law, AT shall be entitled to equitable relief (e.g., an injuction) to enjoin or restrain such breach. Should any provision of the covenants contained in Paragraph 5 or Paragraph 6 be adjudged to any extent invalid by any court, such provision will be deemed modified to the minimum extent necessary to make it enforceable in that, or any other, court of competent jurisdiction. Employment At -Will Employee understands that the employment relationship with AT is at -will. This means that either the Employee or AT can terminate the relationship at any time for any reason not prohibited by law. Rights Upon Termination Except as provided below in Paragraphs 9(b) and 9(c), upon termination of this Agreement, Employee shall be entitled to receive salary by ATNJ through the date of termination. Notwithstanding anything herein to the contrary, in the event Employee's employment with AT shall terminate as a result of any breach of any of the covenants contained in Paragraph 5 and/or 6, Employee agrees that he /she shall forfeit all rights, as permitted by law, to any salary otherwise payable under this contract in addition to being liable for any losses suffered or costs incurred by AT, including, but not limited to reasonable attorney's fees resulting from such conduct. Notwithstanding anything in this Agreement to the contrary, Employee's agreements as set for in Paragraphs 5, 6 and 7 shall survive the termination of this Agreement Entire Agreement Employee agrees that this supersedes any prior agreements or understandings, written or oral, between AT and Employee relating to the subject matter hereof. Employee also agrees that this constitutes the entire agreement between AT and Employee relating to the subject matter hereof and may be modified or amended only in writing, signed by AT and Employee. Choice of Law and Forum This Agreement was entered into in the State of Pennsylvania and will be governed by Pennsylvania law. Any suit to enforce this Agreement shall only be Should any provision of the covenants contained in Paragraph 5 or Paragraph 6 be adjudged to any extent invalid by any court, such provision will be deemed modified to the minimum extent necessary to make it enforceable in that, or any other, court of competent jurisdiction. Employment At -Will Employee understands that the employment relationship with AT is at -will. This means that either the Employee or AT can terminate the relationship at any time for any reason not prohibited by law. Rights Upon Termination Except as provided below in Paragraphs 9(b) and 9(c), upon termination of this Agreement, Employee shall be entitled to receive salary by ATNJ through the date of termination. Notwithstanding anything herein to the contrary, in the event Employee's employment with AT shall terminate as a result of any breach of any of the covenants contained in Paragraph 5 and/or 6, Employee agrees that he/she shall forfeit all rights, as permitted by law, to any salary otherwise payable under this contract in addition to being liable for any losses suffered or costs incurred by AT, including, but not limited to reasonable attorney's fees resulting from such conduct. Notwithstanding anything in this Agreement to the contrary, Employee's agreements as set for in Paragraphs 5, 6 and 7 shall survive the termination of this Agreement. Entire Agreement Employee agrees that this supersedes any prior agreements or understandings, written or oral, between AT and Employee relating to the subject matter hereof. Employee also agrees that this constitutes the entire agreement between AT and Employee relating to the subject matter hereof and may be modified or amended only in writing, signed by AT and Employee. Choice of Law and Forum This Agreement was entered into in the State of Pennsylvania and will be governed by Pennsylvania law. Any suit to enforce this Agreement shall only be brought in a court of competent jurisdiction in Pennsylvania and Employee hereby consents to in personam jurisdiction in such court. Severability. If any provision of this Agreement or application thereof to anyone or under any circumstances is adjudicated to be invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect any other provision or application in any other jurisdiction. The parties intending to be legally bound do hereby execute this agreement. Atlantic Tactical Date /°/4/71-*( B Date EMPLOYEE _lei 65(4.01 -F. zoccAF-- Address: ,2-C c7c- IA4 /1-cec /V? (l7'2 brought in a court of competent jurisdiction in Pennsylvania and Employee hereby consents to in personam jurisdiction in such court. Severability. If any provision of this Agreement or application thereof to anyone or under any circumstances is adjudicated to be invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect any other provision or application in any other jurisdiction. The parties intending to be legally bound do hereby execute this agreeinent Atlantic Tactical Date Witness: EMPLOYEE as c_417( 2c/cis F Address: 0.2-c-- /P/ am4/14416 (172 .w I got to speak with Sean Conville, Honcho of Atlantic Tactical. Mr. Conville is the former President of AT, having recently given controlling interest of the company to his sister, so, as he describes it "Can be more competitive in the industry, that now see's fit to give a leg up to minorities and women". Tell me about Atlantic Tactical.. I started Atlantic Tactical when I bought out the company Safety League, which is still the company's official name, but Atlantic Tactical is more in keeping with our target market of Police Officers and SWAT or Tactical Teams. I took a course in graduate school in this. We supply the Northeast quarter of the country with all manner of Police Supply, from Uniforms, to concealable body armor to duty gear and all manner of law enforcement procurement needs. Do you have a background in Law Enforcement or Military? I know many law enforcement officers and military types, and have empathized with their mindset. I have read their books and shared drinks with them on many occasions. I don't necessarily feel that I have to wear a uniform to understand what a cop goes through on the street, or to know what he needs out on the street, I empathize more with the decision makers at the top of the chain of command. In fact, my job is to convince, to cajole, to bring the decision makers of a department into the fold on the product my company sells. That's the bottom line. The gun carriers out there follow orders from the top. The decision makers are my target market. I took a course in graduate school in this. Has your rapid growth caused any problems? Well, we expanded into the New York Market, We are also opening stores in Boston and Virginia. Some things got misplaced, we lost a few guns, and some suppressors wound up missing. What's the big deal? We are the Seal Team of Retail Stores. The ATF and these other Federal agencies need to re read the Second Amendment. The Unions are happy, and now the Feds need to get with the program Issue 'Lliatej Dolor Sit Amet How do you feel about the new gun laws being implements across the country in light of the tragedies like Aurora and Sandy Hook. While those tragedies are sad, it has increased my market share of fire arms sales 100 fold, I can't keep guns in stock, in fact it recently enabled me to buy my baby, a gold plated Gatling Gun I keep in my office. While I am NOT a fan of Barack Obama, he is going to go down in history as the single greatest gun salesman in history, he makes Sam Colt look like a pussy. Sometimes I thank God for crazy people They do wonders for my bottom line. In Graduate School they taught us to never let a tragedy go to waste> You recently got the New York State Courts and Nassau County Police Departments concealable vest contract, there were some problems.... Yes we did, the NY State Courts was problematic because of the amount of female officers they have. Females are difficult to size, they are usually out of shape, and overweight, and are subject to fluctuations every 28 days. The Nassau Contract, and NY State Courts contracts were facilitated by The Safariland reps friendship with the unions. I am not a fan of unions, they always seem to have their hands out and expect to be "donated" to. That doesn't happen here in PA, but in NY you have to pay to play, it was worth the monetary investment. What do you see for the future? Soon I will be replacing all of my retired law enforcement reps with real Sales People, those who can give me 24/7 and not complain or threaten to bring in unions. This will enable me to corner the market on all Police Supply Business in the Northeast. I like the look of a Mom and Pop organization, but make no mistake, this will be a fortune 500 company if I have to hire mercenaries to do it. Just call me Gordon Gekko (Continued) 2 Tactical News The End for Atlantic Tactical? Winter 2,014 Fireworks Erupt at The Atlantic Tactical Booth at IACP Conference I recently tried to get a follow up interview with Atlantic Tactical's De Facto Leader, Sean Conville. Conville has been "difficult" to pin down since the original article came out roughly 8 months ago, And with good reason, there have been many developments since we last spoke. I attended the IACP conference in Philly a few months back, and decided to stop by the Safariland / Atlantic Tactical booth. As I approached, there seemed to be a commotion. Two gentleman were having a heated discussion with Conville, something about firing one of their long time friends. This of course piqued my interest. As they two left the booth, I decided to follow along to see what I could pick up from their conversation. It seems that one the gentleman, both Chiefs with the NYPD, had a friend that was the manager of the Atlantic Tactical Queens store. The manager was allegedly "replaced" with a political cronie, and they were expressing their displeasure with Mr. Conville, saying they would never place an order with "That carpet bagging, non uniform wearing, potato headed son of a bitch" again.. NOW they had my attention, and I had to investigate. Shot Show Shenanigans It has been reported that the new Director for Law Enforcement sales, a career salesman, and not a former LEO went on a 5 day bender, blowing off meetings, peeing in public, and generally making a mess, reflecting Atlantic Tactical's new direction in management style, opting for "Real Salesman" replacing retired Lew Enforcement Officers. Firings of retired NYPD Personnel: It seems that that in the past year, Atlantic Tactical's, Sean Conville has fired two respected and well liked retired members of the NYPD that he originally recruited to work for him. This was allegedly to keep from paying commissions on big agency body armor sales. This according to the rep for a major manufacturer has soured the NY Area LE agencies to Atlantic Tactical, and sales have suffered. The company Director for Corporate Affairs along with Conville has a policy of "Total Destruction" of terminated personal, so they can't work in the industry and compete against them. This has some in the industry shaking their heads, stating that this behavior is bad for business. Issue : [Pate) (Continued) Investigations of Atlantic Tactical by Safariland Safariland's legal department, which is Atlantic Tactical largest supplier, has conducted an internal investigation into allegations of impropriety within Atlantic Tactical and some of Safariands Employees. Allegations run from bait and switch Tactics to sexual shenanigans. Investigation BY NY State AG's office. There is an investigation by the New York State Attorney Generals office into the bait and switch sale of body armor to NYS Courts, the allegation is the original vest that was shown was a standard threat level 3A SM01, but what they got was a cheap imitation, that costs $400 less. The rumor is that the Safariland Rep for lower NY is turning states evidence against Atlantic Tactical in return for immunity from prosecution. This prompted a visit by Conville to the president of the NYS Court officers union, who is adamant about not dealing with Atlantic Tactical ever again. The results were disastrous. These incidents coupled with the flap with ATF over missing suppressors and unsecured assault rifles laying on the floor in the storeroom of the Philly Store has potential customers concerned about the stability of the management of Atlantic Tactical. This along with Conville's lavish lifestyle has the company bleeding money. It is rumored that AT is now 3.2 million in debt and climbing. There is a story running around that Conville became unhinged in his office, yelling at one of his managers, while scaring the rest of the office, while carrying a loaded handgun on his hip. He has even gone as far as to hire a private investigations firm to harass anyone who he feels is saying or writing unflattering things about him. And there is a rumor that he has filed a lawsuit to obtain phone and internet records against anyone who he feels is "Effing him in the A" as he once put it... These are not the actions of a sane man The rapid expansion without a fundamental foundation of Atlantic Tactical is now more of a boiler room operation than a real company... Customers wait more than two weeks for a quote on gear and orders that don't get lost, take two weeks to be processed. Where Galls ships the next day... This is too bad, I do remember the fledgling Atlantic Tactical, it was a good place, but it is no longer an honorable company, that mindset has been replaced by corporate greed. I fear this house of cards will collapse before long. Buyer Beware Tiger Chung Lee 2 Ronald L. Finck, Esquire Sup. Ct. I.D. No. PA 89985 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232-5000 Fax: (717) 236-1816 rlfinck@mette.com SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs, v. JOSEPH ZOGBI a/k/a JOE ZOGBI Defendant iflit. i kUIMONO A 1 2O10riAY I9 PM -1: 13 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 13 -5360 -Civil Term : JURY TRIAL DEMANDED RETURN OF SERVICE I, Ronald L. Finck, certify that, in accordance with the requirements of Rules 403 and 404 of the Pennsylvania Rules of Civil Procedure, on April 17, 2014 I mailed a copy of the Amended Complaint in the above -captioned proceeding to Defendant, Joseph Zogbi a/k/a Joe Zogbi ("Defendant") at Defendant's address at 25 Pickwick Drive, Commack, NY 11725. The mailing was sent via Certified U.S. Mail, Return Receipt Requested, Restricted Delivery. A copy of the Return Receipt indicates that the mailing was received and signed for by the Defendant on May 7, 2014. Accordingly, service was complete as of that date as is evidenced by the attached Return Receipt. 704468v1 Respectfully submitted, METTE, EVANS & WOODSIDE By: go...11A- . 40‘4,4-. Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: May 16, 2014 719319v1 Exhibit A 0003 4550 5269 N nJ r r1 U.S. Postal ServiceTM, (CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms 0 F F II C El A Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ Postmisrtc�' .N He 4.. O .A J ,�N 15531-2 (RLF) t0W $ Sent To s`treetTpt ivo.) .2c or PO BoxNo.'as City, State, ZIP+4 it it 0 PS Form 3800, August 2006 r. 1 I See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Joseph Zogbi 25 Pickwick Drive Ccnu'.ack, NY 11725 ❑ Agent 1JAddressee B.*ec'ved /yf-Pnn Name C. Date of Delivery D. Is delivery address differen If YES, enter delivery add 3. Set ice Type '4f edified Mall 0 Registered 0 Insured Mail ❑ Express Mail etum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Transfer from service label) 7011 2970'0003 4550 5269' PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Hubert X. Gilroy, Esquire I.D. No. 29943 Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs HLED-OFFI7- "IL" THE PRO T HOH0 ATI 2014 JUL 25 At! 15: 50 CUMBERLAND COUNTY PENNSYLVANIA SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-5360 CIVIL TERM JOSEPH ZOGBI a/k/a JOE ZOGBI, Defendant : JURY TRIAL DEMANDED DEFENDANT JOSEPH ZOGBI'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' AMENDED COMPLAINT TO: Sean Conville and Atlantic Tactical, Inc., and their attorneys, Ronald L. Fink, Esquire You are hereby notified to file a written response to this document within twenty (20) days from service thereof or a judgment may be entered against you. AND NOW, comes the Defendant, Joseph Zogbi ("Zogbi") by and through his attorneys, MARTSON LAW OFFICES and files the following Preliminary Objections to Plaintiffs' Amended Complaint: 1. On September 10, 2013, Plaintiffs Sean Conville and Atlantic Tactical, Inc., ("Plaintiffs") initiated this action by filing a Complaint against John Does 1 through 10. The original Complaint alleged that unknown individuals published and distributed a newsletter via email attributing allegedly defamatory statements to Plaintiffs. 2. The newsletter statements were published under an alias of"Tiger Chung Lee" which Plaintiffs allege was done to shield the author' s identity "and the consequences of their defamatory conduct". 3. On September 10, 2013, Plaintiffs filed a Motion Requesting Waiver of Service Requirements and Leave to Serve Subpoena on the Microsoft Corporation in an effort to learn the identity of the pseudonymous author of the newsletters. The Honorable Edward E. Guido granted Plaintiffs Motion on September 16, 2013. Plaintiffs filed similar Motions to Requesting the Waiver of Service Requirement to Serve Subpoenas on CSL Holding, Southern Police Equipment Company, Inc., and Facebook, Inc., on February 7, 2014. Judge Guido similarly granted those Motions. 4. On April 4, 2014, Plaintiffs filed a Motion seeking leave of Court to file an amended Complaint based on the fact that they believed they identified the pseudonymous author of the newsletters as Joseph Zogbi. Plaintiffs' Motion to file an Amended Complaint was granted by Judge Guido. 5. Pennsylvania Rule of Civil Procedure 1018 requires the names of all parties be listed in the caption. 6. An exception to the requirements exists when an unnamed "John Doe" defendant has been placed on notice of the existence of a claim and is afforded an opportunity to muster and preserve evidence. 7. Plaintiffs did not reply to the email address used by "Tiger Chung Lee" to inform the author of the emails of the ongoing John Doe litigation, and made no other attempts to contact the author of the newsletters to permit them the opportunity to muster and preserve evidence relating to the litigation. 8. Plaintiffs filed an Amended Complaint on April 3, 2014, naming Joseph Zogbi as the author of the allegedly defamatory newsletters. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER (1028(a)(4)) 9. Paragraphs 1 through 8 are hereby incorporated by reference as though fully set forth below. 10. The First Amendment protects against compelled identification of anonymous and pseudonymous speakers. McIntyre v. Ohio Electrics Comm'n, 514 US. 334, 341 through 343, 1995. 11. As a result of the First Amendment protections, the Pennsylvania Superior Court in Pilchesky v. Gatelli, 12 A.3d 430 (Pa. Super. Ct. 2011) identified four requirements that must be satisfied in any case involving an anonymous or pseudonymous speaker named as a John Doe defendant. 12. The requirements outlined in Pilchesky are as follows: (i)"The reviewing Court must ensure that the John Doe defendant receives proper notification of a Petition to Disclose his identity and a reasonable opportunity to contest the Petition, (ii) the Plaintiff must "present sufficient evidence to establish a prima facie case for all elements of a defamation claim, within the Plaintiffs control, such as would survive a Motion for summary judgment, (iii) the Plaintiff must submit an affidavit asserting that the requested information is sought in good faith, is unavailable by other means, is directly related to the claim and is fundamentally necessary to secure relief and, (iv) the Court must expressly balance the Defendant's First Amendment rights against the strength of the Plaintiff's prima facie case. 13. The standards outlined in Pilchesky were not applied, and Defendant Joseph Zogbi has not had the opportunity to assert his right to anonymous and/or pseudonymous speech. 14. The allegations in Plaintiffs' Amended Complaint do not establish aprimafacie case for defamation sufficient enough to survive a Motion for Summary Judgment. 15. Speech on public issues occupies the "highest rung of the hierarchy of First Amendment values and is entitled to special protection". Snyder v. Phelps, 131 S. Ct. 1207, 1215 (2011) quoting Connick v. Myers, 461 U.S. 138 (1982). 16. The statements made in the various newsletters under the alias of "Tiger Chung Lee" are entitled to heightened protection because they involve issues of public concern as they alert the public to misconduct by a governmental contractor hired to supply body armor to various municipal police departments. 17. Plaintiffs have failed to assert the basis for their belief that Defendant is responsible for authoring and distributing the alleged defamatory newsletters. WHEREFORE, Defendant Joseph Zogbi, respectfully requests that this Honorable Court strike Plaintiffs' Amended Complaint in its entirety. Date: July 25, 2014 MARTSON LAW OFFICES By: Hubert X. G. roy, Esquire Attorney .29943 10 East igh Street Carlisley PA 17013 (717) 243-3341 Attorneys for Defendant Ronald L. Finck, Esquire Sup. Ct. I.D. No. PA 89985 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232-5000 Fax: (717) 236-1816 rlfinck@mette.com SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs, v. JOSEPH ZOGBI a/k/a JOE ZOGBI Defendant t. 0 THOH (M 9 AUGI14 kit!: v0 CUMBERLAND COUNT`r PEN1 SYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . Docket No. 13 -5360 -Civil Term : JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO PRELIMINARY OBJECTION OF DEFENDANT Plaintiffs, Sean Conville and Atlantic Tactical, Inc., (collectively referred to as "Plaintiffs"), file this Response to Preliminary Objection of Defendant, Joseph Zogbi a/k/a Joe Zogbi ("Zogbi") as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 733426v1 6. Admitted in part; denied in part. It is admitted that an exception to the requirements of Pa. R.C.P. No. 1018 exists where the identity of the defendant(s) is/are unknown. The remaining averments of paragraph 6 constitute conclusions of law to which no responsive pleading is required. 7. Admitted in part; denied in part. It is admitted that the Plaintiffs did not reply to the email address used by Zogbi under the alias "Tiger Chung Lee." It is specifically denied that email service is recognized as a means of serving original process. It is further specifically denied that the Defendants had a duty to attempt contact with the author of the defamatory articles. 8. Admitted. RESPONSE TO PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER 9. Paragraph 9 is an incorporation paragraph to which no responsive pleading is required. 10. The averments of paragraph 10 constitute conclusions of law to which no responsive pleading is required. By way of further answer, the Plaintiffs are not government actors. 11. The averments of paragraph 11 constitute conclusions of law to which no responsive pleading is required. 12. The averments of paragraph 12 constitute conclusions of law to which no responsive pleading is required. 13. Denied. The averments of paragraph 13 constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, it is specifically 2 denied that Zogbi did not have the opportunity to assert any right to anonymous speech. Strict proof thereof is demanded. 14. The averments of paragraph 14 constitute conclusions of law to which no responsive pleading is required. 15. Denied. The averments of paragraph 15 constitute conclusions of law to which no responsive pleading is required. By way of further answer, Plaintiffs are not government actors and Zogbi's defamatory speech did not address a public issue. 16. Denied. The averments of paragraph 16 constitute conclusions of law to which no response is required. 17. Denied. The averments of paragraph 17 constitute conclusions of law to which no response is required. To the extent a response is deemed required, it is specifically denied that the Plaintiffs are required to assert the basis for their belief that Zogbi is responsible for authoring and distributing the alleged defamatory newsletters. WHEREFORE, Plaintiffs respectfully request that Zogbi's Demurer to the Amended Complaint be denied and Zogbi be directed to file an Answer to the Amended Complaint immediately. Plaintiffs further request such other relief as the Court deems just and appropriate under the circumstances. Respectfully submitted, METTE, EVANS & WOODSIDE By: b 4-( Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 3 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: August 12, 2014 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, addressed as follows: Hubert X. Gilroy, Esquire Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (Attorney for the Defendant Joseph Zogbi) Respectfully submitted, METTE, EVANS & WOODSIDE By: au-gX Ronald L. Finck Sup. Ct. I.D. No. 89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: August 12, 2014 F: \FILES \Clients\ 15678 Zogbi \ I 5678.1.motion.wpd Hubert X. Gilroy, Esquire I.D. No. 29943 Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs WED-t")FFiC: iHE PROTHONO •.( MR SEP -1+ A?1 8: 35 CUMBERLAND COUNTY PENNSYLVANIA OTTO GILROY & FALLER SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-5360 CIVIL TERM JOSEPH ZOGBI a/k/a JOE ZOGBI, Defendant : JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND STAY OF DISCOVERY AND NOW, comes the Defendant, Joseph Zogbi ("Zogbi") by and through his attorneys, MARTSON LAW OFFICES and ins support of his Motion for Protective Order and Stay of Discovery avers as follows: 1. On September 10, 2013, Plaintiffs Sean Conville and Atlantic Tactical, Inc., ("Plaintiffs") initiated this action by filing a Complaint against John Does 1 through 10. The original Complaint alleged that unknown individuals published and distributed a newsletter via email attributing allegedly defamatory statements to Plaintiffs. 2. Throughout 2013 and 2014, Plaintiffs engaged in discovery in an effort to deteunine the identity of the John Doe author of the allegedly defamatory newletters. Plaintiffs pursued their discovery by filing motions requesting waiver of service requirements with the Court and being granted leave to do so by Honorable Edward E. Guido. 3. On April 4, 2014, Plaintiffs filed an Amended Complaint against Joseph Zogbi, whom they believed to be the pseudonymous of the newsletters. 4. On July 25, 2014, Defendant filed Preliminary Objections to Plaintiffs' Amended Compliant in the nature of a demurrer alleging that the First Amendment right to pseudonymous speech as outlined in the case of Pilchesky v. Gatelli, 12 A.3d 430 (Pa. Super. Ct. 2011) were not applied in this case, and that Defendant has not had the opportunity to assert a right to pseudonymous speech. 5. Plaintiffs have listed Defendant's Preliminary Objections for argument and they are currently scheduled for argument on September 26, 2014. 6. On August 21, 2014, Plaintiffs served discovery requests on Defendant, including a set of Interrogatories, Request for Production of Documents, and Requests for Admission. A true and accurate copy of the discovery served on Defendant is attached hereto as Exhibit "A". Absent relief sought by this Motion, Defendant's response to Plaintiffs' discovery are due on September 10, 2014. 7. Plaintiffs' discovery requests are broad based and go to the merits of the dispute, and the issues raised by Defendant's preliminary objections. Defendant believes that his preliminary objections should be addressed by this Court before he is required to respond to Plaintiffs' discovery. 8. Defendant is seeking only a temporary stay of discovery while his preliminary objections are considered by the Court, or pending appeal. 9. Plaintiffs would not be prejudiced by the issuance of a protective order because they do not require discovery to respond to Defendant's Preliminary Objections. 10. In contrast, Defendant would suffer significant and undue burden, inconvenience and oppression if he was required to respond to Plaintiffs' discovery while his Preliminary Objections are still pending. 11. A stay of discovery is appropriate in cases where Pilchesky objections have been raised, but not yet decided by the Court. Kuwait & Gulf Link Transport Co. v. Doe, 92 A.3d 41 (Pa. Super. 2014). (Vacating the May 21, 2013 Order of the Honorable Kevin A. Hess at Cumberland County Docket No. 2012-1820). 11. Counsel for Plaintiffs was contacted seeking his concurrence, and informed undersigned counsel that he does not concur with the relief requested in this Motion. 12. The Honorable Edward E. Guido has previously been assigned to this case. WHEREFORE, Defendant respectfully requests this Honorable Court stay all party discovery pending resolution of Defendant's Preliminary Objections. Date P417q Respectfully submitted, MARTSON LAW OFFICES By Hubert X. Gil Attorney 1.D. , squire 9943 Katie J. Maxwell, Esquire I.D. No. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dated: /Mr Ronald L. Finck, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 MARTSON LAW OFFICES B M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs VS. JOHN DOES 1-10, Defendants C..11 No. 13-5360 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants Preliminary Objections to Plaintiffs Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Ronald L. Finck, Esquire (Name and Address) Mette, Evans & Woodside, 3401 N. Front St., Harrisburg, PA 17110 (b) for defendants: Hubert X. Gilroy, Esquire (Name and Address) Martson, Deardorff, Williams, 10 East High St., Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 26, 2014 Date: September 3, 2014 Rayvt-0-- Signature L Print your name Plaintiffs Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. /11' pd 4-41 /11111, 1;?6-14 / 0 C4 r :71 SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-5360 CIVIL TERM JOSEPH ZOGBI a/k/a JOE ZOGBI, Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this `44\ day of September, 2014, upon consideration of Defendant's Motion for Protective Order and Stay of Discovery, a Rule is issued on the Plaintiffs as to why Defendant's requested relief should not be granted. Rule returnable in 490 days. All discovery in this case is stayed pending further order of court. D' ibution: Ronald L. Finck, Esquire Attorney for Plaintiffs ubert X. Gilroy, Esquire Katie J. Maxwell, Esquire Attorneys for Defendants eoai: f'2atLL 9/AY J. -r) 3 __4 r„l rrt rTn --.: L j cn -<n lC3 c) . r—+�Ir� <C) -'T, > v C.) zt . C (..F.) CD r::: --I C A_1 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 METTE, EVANS & WOODSIDE 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax hzkelly@mette.com Attorneys for Plaintiffs SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs, r t (IJ ! i ONO ,,r- _t nILi SEP 19 PM 2: 51 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : Docket No. 13 -5360 -Civil Term JOSEPH ZOGBI a/k/a JOE ZOGBI Defendant : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiffs, Sean Conville and Atlantic Tactical, Inc., in the above -captioned matter. Respectfully submitted, METTE, EVANS & WOODSIDE By: HEATHER Z. KEAY ES U& Q Sup. Ct. I.D. No. 86291 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Date: September 19, 2014 4JA CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) by U.S. First Class mail addressed as follows, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Date: September 19, 2014 740847v1 Hubert X. Gilroy, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Attorney for Defendant METTE, EVANS & WOODSIDE HEATH�KELLY, SQU� Sup. Ct. I.D. No. 86291 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs #24. SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH ZOGBI a/k/a JOE ZOGBI, : NO. 2013 — 5360 CIVIL TERM Defendants IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' AMENDED COMPLAINT BEFORE GUIDO, MASLAND, JJ. ORDER OF COURT AND NOW, this 17TH day of OCTOBER, 2014, after review of the parties' briefs and having heard argument thereon we are satisfied that the case at bar is controlled by the decision of Amerisource Bergen Corp. v. Does, 81 A.3' 921 (Pa. Super. 2013) as argued by Plaintiff rather than Pilchesky v. Gatelli, 12 A.3d 430 (Pa. Super. 2011) as argued by Defendant.1 Consequently, Defendant's Preliminary Objections are OVERRULED. c.) • cn By the Court, Edward E. Guido, J. Ronald L. Finck, Esquire ✓ Hubert X. Gilroy, Esquire Court Administrator Luca_ itz -C)l€ • 1 Unlike the defendant in Gatelli, this defendant did not use a pseudonym to post his own opinions. Rather he put false, misleading and unauthorized comments into the mouth of a real person, i.e. plaintiff Conville, the president of the plaintiff Atlantic Tactical, Inc. F: \FILES \Clients \ 15678 Zogbi \15678.1.ANSWER.2.wpd Hubert X. Gilroy, Esquire I.D. No. 29943 Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs FIED-OFFICE 0:7 THE PROTHONOTARY 2iIiOV 17 PM 12: 8 CUMBERLAND COUNTY PENNSYLVANIA SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-5360 CIVIL TERM JOSEPH ZOGBI ailcia JOE ZOGBI, Defendant : JURY TRIAL DEMANDED 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 INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Hubert X. Gilroy, Esquire I.D. No. 29943 Katie J. Maxwell, Esquire I.D. No. 206018 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-5360 CIVIL TERM JOSEPH ZOGBI a/k/a JOE ZOGBI, Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO AMENDED COMPLAINT AND NEW MATTER AND NOW, comes the Defendant, Joseph F. Zogbi ("Zogbi"), by and through his attorneys, MARTSON LAW OFFICES, files his Answer to the Amended Complaint and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted except to note that Defendant's full name is Joseph F. Zogbi. 4. Admitted. 5. Admitted that Zogbi has used the alias "Tiger Chung Lee." Denied that Defendant "operates" under any alias name. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Denied that the August 21, 2013 newsletter was sent to sales representatives of Atlantic Tactical and to Atlantic Tactical's competitors. Defendant sent said newsletter to two employees of Atlantic Tactical. 13. Admitted. 14. Denied. Defendant is not aware whether or not Conville submitted to an interview about Atlantic Tactical in the fall of 2013. After reasonable investigation, Defendant is unable to determine the truth or falsity of said allegation. Proof thereof is demanded. 15. Admitted. 16. Denied, said allegation is a conclusion of law and no responsive pleading is required. 17. Admitted in part and denied in part. Admitted that Conville was not interviewed as suggested in the newsletter. Denied that Conville did not make any of the statements attributed to him in the newsletter. On the contrary, Conville has routinely made statements identical to or substantially similar to the statements attributed to him in the newsletter. 18. Denied. The newsletter, identified as Exhibit B in Plaintiff's Amended Complaint, was only sent to two employees of Atlantic Tactical by the Defendant. 19. Admitted in part and denied in part. The two individuals that received the newsletter via email from the Defendant were individuals the Defendant knew would not be misled into believing that an interview took place. By way of further answer, the two individuals to whom the newsletter has been sent were aware that the statements attributed to Conville were statements that he actually made or substantially similar to statements that he made. 20. Denied. The statements attributed to Conville in the newsletter were not false as they were statements actually made by Conville or substantially similar to statements made by Conville. 21. Admitted. 22. Admitted. 23. Denied. By way of further answer, the January 31, 2014 newsletter was only sent by the Defendant to two employees of Atlantic Tactical. By way of further answer, see the answers to paragraphs 19 and 20 which are herein incorporated by reference thereto. 24. Admitted. 25. Denied. Based upon information and belief, Defendant understands that Conville did have an altercation with certain law enforcement officials at the Philadelphia International Association of Chiefs of Police Conference. 26. Admitted that the January 31, 2014 newsletter contended that Atlantic Tactical was under investigation by one of its supplier's legal department and by the New York Attorney General's office. Denied that the January 31, 2014 newsletter "criticizes" Atlantic Tactical's employment and business practices. Said allegation is a conclusion of law and no responsive pleading is required. The newsletter speaks for itself. 27. Denied. Based upon information and belief, Defendant understands that Atlantic Tactical has been investigated by law enforcement officials of the New York Attorney General's office and by one of its supplier's legal department. 28. Denied. As previously stated, the January 31, 2014 newsletter was only sent by the Defendant to two employees of Atlantic Tactical. By way of further response, see the answers to paragraphs 19 and 20 which are herein incorporated y reference thereto. 29. Denied that the January 31, 2014 newsletter was misleading with respect to a public altercation involving Conville. On the contrary, upon information and belief, Defendant understands that said public altercation did take place. Additionally, the information contained in the newsletter concerning the business and employment practices of Atlantic Tactical is accurate information to the best belief of the Defendant. By way of further response, see the answers to paragraphs 19 and 20 which are herein incorporated by reference thereto. 30. Denied. The statements in the January 31, 2014 newsletter were true to the best knowledge and belief of the Defendant. By way of further response, see the answers to paragraphs 19 and 20 which are herein incorporated by reference thereto. 31 a -g. Denied. Said allegations are a conclusion of law and no responsive pleading is required. To the extent that a response is required, the statements contained in the newsletter and attributed to Conville, are statements that Conville actually made, or are substantially similar to statements he actually made. 32. Denied. Said allegation is a conclusion of law and nor responsive pleading is required. By way of further answer, Defendant does not believe Plaintiffs have suffered any damages. By way of further response, see the answers to paragraphs 19 and 20 which are herein incorporated by reference thereto. 33. Denied. Said allegation is a conclusion of law and nor responsive pleading is required. 34. Denied. Said allegation is a conclusion of law and nor responsive pleading is required. COUNT I -DEFAMATION /LIBEL (Plaintiffs v. Zogbi) 35. The averments of paragraphs 1 through 34 are herein incorporated by reference thereto. 36. Denied. Said allegation is a conclusion of law and nor responsive pleading is required. By way of further response, see the specific denials at paragraphs 1 through 34 which are herein incorporated by reference thereto. 37. Denied. Said allegation is a conclusion of law and nor responsive pleading is required. By way of further response, see the specific denials at paragraphs 1 through 34 which are herein incorporated by reference thereto. 38. Denied. Said allegation is a conclusion of law and nor responsive pleading is required. By way of further response, see the specific denials at paragraphs 1 through 34 which are herein incorporated by reference thereto. 39. Denied. Said allegation is a conclusion of law and nor responsive pleading is required. By way of further response, see the specific denials at paragraphs 1 through 34 which are herein incorporated by reference thereto. 40. Denied. The individuals that received the two newsletters in question readily knew that they were authored by Zogbi. By way of further response, see the specific denials at paragraphs 1 through 34 which are herein incorporated by reference thereto. 41. Denied. Said allegation is a conclusion of law and nor responsive pleading is required. By way of further response, see the specific denials at paragraphs 1 through 34 which are herein incorporated by reference thereto. WHEREFORE, Defendant requests Your Honorable Court to dismiss Plaintiff's Complaint. COUNT II -INVASION OF PRIVACY/FALSE LIGHT (Plaintiffs v. Zogbi) 42. The averments of paragraphs 1 through 41 are herein incorporated by reference thereto. 43. Denied. Said allegation is a conclusion of law and nor responsive pleading is required. By way of further answer, the allegations set forth by the Defendant in paragraphs 19, 20, et al. above with respect to the individuals to which he communicated the newsletters are incorporated herein by reference thereto. It is also denied that the statements attributed in the newsletters were "false." By way of further response, see the specific the denials in paragraphs 1 through 34 which are herein incorporated by reference thereto. 44. Denied. The allegations set forth above are incorporated herein by reference thereto with respect to the allegations relating to the truth of the matters set forth in the newsletter. By way of further response, see the specific the denials in paragraphs 1 through 34 which are herein incorporated by reference thereto. 45. Denied. Said allegation is a conclusion of law and nor responsive pleading is required. By way of further answer, the truthfulness of the matter set forth in the newsletters with respect to statements made by Conville would not be offensive to anyone. By way of further response, see the specific the denials in paragraphs 1 through 34 which are herein incorporated by reference thereto. 46. Denied. The statements attributed to Conville in the newsletter were accurate representations or substantially similar to what Conville previously said. The allegations are conclusions of law and no responsive pleading is required. By way of further response, see the specific the denials in paragraphs 1 through 34 which are herein incorporated by reference thereto. WHEREFORE, Defendant requests Your Honorable Court to dismiss Plaintiffs Complaint. COUNT III -BREACH OF EMPLOYMENT AGREEMENT (Atlantic Tactical v. Zogbi) 47. The averments of paragraphs 1 through 46 are herein incorporated by reference thereto. 48. Admitted. 49. Denied. As set forth above, Defendant emailed the newsletter to two employees of Atlantic Tactical. The averments of paragraphs 19 and 20 are herein incorporated by reference thereto. 50. Denied. After reasonable investigation, Defendant is unable to determine the truth or falsity of said allegation. Proof thereof is demanded 51. Admitted. 52. Denied. Defendant did not use Atlantic Tactical's customer and/or vendor lists for any dissemination of the newsletters and Defendant denies breaching the provisions of the employment agreement cited by Plaintiffs in paragraph 48 of the Complaint. To the contrary, see generally the responses to the prior paragraphs of the Complaint and specifically paragraphs 19 and 20. WHEREFORE, Defendant requests Your Honorable Court to dismiss Plaintiff's Complaint. COUNT IV -PERMANENT INJUNCTION (Plaintiffs v. Zogbi) 53. The averments of paragraphs 1 through 52 are herein incorporated by reference thereto. 54. Denied. To the contrary, no injunction is required as there is no harm being suffered by the Plaintiffs. 55. Denied. To the contrary, said allegation is a conclusion of law and no responsive pleading is required. 56. Denied. To the contrary, said allegation is a conclusion of law and no responsive pleading is required. 57. Admitted. WHEREFORE, Defendant requests Your Honorable Court to dismiss Plaintiff's Complaint. NEW MATTER 58. All statements and comments contained in the newsletters made by Defendant about Plaintiffs were made by the Defendant with good motive, and were fair comments made as a private citizen exercising his right of free speech and discussing matters of public importance. 59. Defendant affirmatively asserts that all statements and comments contained in the newsletters and attributed to Plaintiff were true, or substantially true, and therefore cannot be a basis for a defamation action. 60. Plaintiffs are limited purpose public figures as they have voluntarily injected themselves into public controversy. 61. Plaintiffs have not pled that Defendant acted with actual malice in the dissemination of the newsletters. 62. The newsletters published by the Defendant are entitled to conditional privilege under the First Amendment of the United States Constitution. 63. The newsletters represent political speech entitled to heightened protections under the First Amendment of the United States Constitution. 64. Plaintiffs have not demonstrated that they have incurred any damages as a result of the conduct alleged. 66. Plaintiffs' damages, if any, were not caused by the Defendant, or were self inflicted by the Plaintiffs in their further dissemination of the alleged defamatory comments. Date: Respectfully submitted, MARTSON LAW OFFICE #A91 r By Hubert X. Gilroy, Est ire Attorney LD. 29943 Katie J. Maxwell, Esquire I.D. No. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant VERIIICATIQN The foregoing Answer is base dd 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 Answer and to the extent that the document 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 aremade 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. 7 / //Vo,10/y CERTIFICATE OF SERVICE I, Shelly R. Taylor, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ronald L. Finck, Esquire Mette, Evans & Woodside 3401 North Front Street P. 0. Box 5950 Harrisburg, PA 17110-0950 MARTS N7LAW OFFICES She '.Taylor T ast High St Carlisle, PA 17013 (717) 243-3341 Dated: November / '1, 2014 Ronald L Finck, Esquire Sup. Ct. I.D. No. 89985 Heather Z. Kelly, Esquire Sup. Ct. LD. No. 86291 METTE, EVANS & WOODSIDE 3401 North Front Street Harrisburg, PA 17110 Phone: (717) 232-5000 Fax: (717) 236-1816 rlfinck@mette.com SEAN CONVILLE and ATLANTIC TACTICAL, INC., Plaintiffs, v. JOSEPH ZOGBI a/Ida JOE ZOGBI, Defendants rIL - .0 If THE PQTNOHQ TA 2014 DEC -8 P11 2: 57 CUME3ERLAND COUNTY PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 13-5360 Civil Term : JURY TRIAL DEMANDED REPLY TO NEW MATTER The Plaintiffs, Sean Conville and Atlantic Tactical, Inc. (collectively the "Plaintiffs"), file this Reply to New Matter of the Defendant, Joseph Zogbi, a/Ida Joe Zogbi ("Defendant"), as follows: 58. Denied. It is specifically denied that the Defendant's statements and comments contained in the newsletters were made by Defendant "with good motive and were fair comments made as a private citizen exercising his right of free speech and discussing matters of public importance." Strict proof thereof is demanded. 59. Denied. It is specifically denied that Defendant's comments contained in the newsletters were true or substantially true. Strict proof thereof is demanded. 60. Denied. The averments of paragraph 60 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. To the extent a response is deemed required, it is specifically denied that Plaintiffs are limited purpose public figures and have voluntarily injected themselves into public controversy. Strict proof thereof is demanded, if deemed relevant. 61. Denied. The averments of paragraph 61 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. 62. Denied. The averments of paragraph 62 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. 63. Denied. The averments of paragraph 63 constitute conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. 64. Denied. It is specifically denied that Plaintiffs have not incurred damages as a result of Defendant's conduct. Strict proof thereof is demanded, if deemed relevant. 65. [missing] 66. Denied. It is specifically denied that Plaintiffs' damages were not caused by Defendant or were self-inflicted. Strict proof thereof is demanded. WHEREFORE, the Plaintiffs respectfully request that the Court dismiss Defendant's New Matter and grant the relief requested in Plaintiffs' Amended Complaint filed April 15, 2014 together with such other relief as the Court deems just and appropriate under the circumstances. By: Date: December 4, 2014 Respectfully submitted, METTE, EVANS & WOODSIDE Rat,a Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorney for Plaintiffs VERIFICATION I, Sean Conville, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. To the extent the language of the forgoing document is that of counsel, i have relied upon counsel in making this Verification. DATE: 12 -\ _ ‘Lt 154503v1 Sean Conville CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document to the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, addressed as follows: Hubert X. Gilroy, Esquire Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (Attorney for the Defendant Joseph Zogbi) Respectfully submitted, METTE, EVANS & WOODSIDE By: R0144a— Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorney for Plaintiffs Date: December 4, 2014