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Court=of-Common Pleas For Prothonotary Use Only:
CivilCoVe Sheet' �.
�- u Docket No: T�
Cu e�rland`� County 14_ 60 0,-vrorm T�
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S ❑x Complaint El Writ of Summons Q Petition
E] Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
T Constance Valentine Alicyn Mitchell
Dollar Amount Requested: within arbitration limits
I Are money damages requested? 0 Yes 0 No (check one) Doutside arbitration limits
O
N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? Yes 0 No
A Name of Plaintiff/Appellant's Attorney: Gerald S. Robinson
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Updated 1/1/2011
CONSTANCE VALENTINE, IN THE COURT OF COMMON PLEAS
d/b/a Hair Technicians CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff,
V. NO. 14-6295
ALICYN MITCHELL,
ALICYN MITCHELL SALON,LLC : CIVIL ACTION
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
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 TAEM 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 REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S.Bedford Street
Carlisle, Pennsylvania
(717)249-3166
FLED-OFFICE
UF THS GERALD GERALD S.ROBINSON, ESQUIRE
PA Supreme Court No. 27423 ¢l�OCT
Robinson&Geraldo,PC 2� alt � : 59
4407 North Front Street CUMBERLAND CoUN T Y
P.O. Box 5320 PEN YLVANIA
Harrisburg,Pennsylvania 17110-5320
(717)232-8525—Phone
(717)232-5098—Fax
grobinson@robinson-geraldo.com Attorney for Plaintiff
CONSTANCE VALENTINE, IN THE COURT OF COMMON PLEAS
d/b/a Hair Technicians CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. NO. 14 - 1 .19-5 0""ilTam
ALICYN MITCHELL,
ALICYN MITCHELL SALON, LLC CIVIL ACTION
Defendants. JURY TRIAL DEMANDED
COMPLAINT
AND NOW COMES Plaintiff, Constance Valentine d/b/a Hair Technicians, by and
through her attorney, Gerald S. Robinson, Esq., of Robinson&Geraldo, P.C., and files this
Complaint, and in support thereof avers as follows:
PRELIMINARY STATEMENT
1. Plaintiff, Constance Valentine d/b/a Hair Technicians,hereinafter"Plaintiff,"
brings this action against Defendants,Alicyn Mitchell, hereinafter"Defendant Mitchell," and
Alicyn Mitchell Salon, LLC,hereinafter"Defendant Salon,"—collectively"Defendants"—for
the breach of an employment agreement, hereinafter"Agreement," a copy of which is attached
hereto as Exhibit"A."
2. Defendant Mitchell agreed not to own, operate,manage, or be employed by any
company that is in competition with Plaintiff, and is within a 60 miles radius of Plaintiff's place O
*115•175 Pz AIIN
01899
31aNy
of business, during Defendant Mitchell's employment with Plaintiff and for three(3) years after
any termination of her employment with Plaintiff. See Exhibit A at 19.
3. Defendant Mitchell further agreed not to solicit any of Plaintiff's customers
during employment and for two years after termination of employment with Plaintiff. Id.
4. Plaintiff seeks to preliminary enjoin the Defendants from owning, operating,
managing or being employed with any business within a 60 miles radius that is competition with
Plaintiff's business.
5. Plaintiff further seeks to enforce the Agreement and be awarded monetary
damages for losses that she has suffered and will continue to suffer as a result of the Defendants'
actions.
STATEMENT OF JURSIDICTION
6. This court has jurisdiction pursuant to 42 Pa.C.S. § 931.
7. Plaintiff is the owner/operator of Hair Technicians.
8. Hair Technicians is a cosmetology salon with a principal place of business at
4200 Trindle Road, Camp Hill, Cumberland County, Pennsylvania.
9. Defendant Mitchell is the owner or operator of Alicyn Mitchell Salon, LLC.
10. Defendant Salon is a Pennsylvania LLC with its principal place of business at
7011 Allentown Boulevard, Harrisburg, Dauphin County, Pennsylvania.
2
STATEMENT OF FACTS
11. Plaintiff is a seller,producer, and supplier of custom hair replacements, systems,
Y s,
extensions and wigs.
12. On or about April 21, 2006, Defendant Mitchell began her employment with
Plaintiff.
13. On April 21, 2006, the Defendant Mitchell signed an employment agreement
(Agreement)with the Plaintiff. See Exhibit A.
14. Per the aforementioned Agreement, Defendant Mitchell agreed not to own
operate,manage, or be employed by any company that is in competition with Plaintiff, and is
within a 60 miles radius of Plaintiff's place of business, during Defendant Mitchell's
employment with Plaintiff and for three3
( ) years after any termination of her employment with
Plaintiff. See Exhibit A at 19.
15. Defendant Mitchell further agreed not to solicit any of Plaintiff's customers
during employment and for two years after termination of employment with Plaintiff. Id.
16. On May 1, 2014, unbeknownst to Plaintiff, Defendant Mitchell formed Alic
Yn
Mitchell Salon, LLC.
17. On July 18, 2014, Defendant Mitchell resigned from Hair Technicians, citing
"family commitments." See Resignation Letter, a copy of which is attached hereto as Exhibit
«B
18. Subsequent to Defendant Mitchell's resignation, Plaintiff learned that Defendant
Mitchell, while still employed Plaintiff, told clients that the Plaintiff was old and retiring.
3
19. Two days later, on July 20, 2014, Defendant Mitchell created, or caused to be
created, a Facebook page for her new business. See Facebook printout for Defendant Salon
attached hereto as Exhibit""C."
20. On August 9, 2014, Defendants held a grand opening for the Defendant Salon.
21. Defendant Salon is located approximately 19 miles away from Plaintiffs place of
business.
22. Subsequent to Defendants' opening of Defendant Salon, Plaintiff s business saw a
fifty percent(50%) decline in her client list.
23. On or about August 20, 2014, Plaintiff notified Defendant Mitchell that she was
in breach of the Agreement.
24. On or About August 20, 2014, Plaintiff demanded that Defendants' cease and
desist from soliciting Plaintiffs clients and to uphold the Agreement.
25. The Defendants have failed to comply with Plaintiff s demand.
COUNT I
DEFENDANT MITCHELL
DEFENDANT ALICYN MITCHELL SALON,LLC.
BREACH OF EMPLOYMENT AGREEMENT
26. Plaintiff repeats and incorporates by reference Paragraphs 1-25 as if more fully set
forth herein.
27. Defendant Mitchell signed the Agreement when she began her employment at
Hair Technicians.
28. Plaintiff provided Defendant Mitchell with a copy of the Agreement at the time of
signing.
29. Defendant Mitchell is fully aware of the Agreement.
4
30. Defendant Mitchell is the owner and operator of Alicyn Mitchell Salon, LLC.
31. Defendants are in direct competition with Plaintiff.
32. Defendant Mitchell has breached her Agreement by owning, operating, and or
managing Alicyn Mitchell Salon, LLC.
33. Defendant Mitchell is further breach of the Agreement by soliciting Plaintiff's
customers prior to and after termination of employment.
34. Defendant Alicyn Mitchell Salon, LLC has allowed Defendant Mitchell to violate
her non-compete agreement by way of using confidential information that Defendant Mitchell
took from Plaintiff.
35. Defendant Salon,by and through its agent Defendant Mitchell,has solicited
Plaintiff's customers.
36. Plaintiff has spent time and money developing a customer list for more than
thirty years.
37. Plaintiff has invested time and money developing specialized hair replacement
and hair infusion techniques.
38. Defendant Mitchell acknowledged that breach of the Agreement cannot be
adequately compensated by money damages.
WHEREFORE, Plaintiff requests this Honorable Court enter judgment in her favor and
against Defendants, and enjoin Defendants from continuing to operate Defendant Salon in breach
of the employment Agreement with Plaintiff. Plaintiff further requests monetary damages for
loss of past and future income as a result of said breach.
5
COUNT-II
DEFENDANT MITCHELL
BREACH OF THE DUTY OF LOYALTY
39. Plaintiff repeats and incorporates by reference Paragraphs 1-38 as if more fully set
forth herein.
40. Prior to terminating her employment with Hair Technicians, Defendant Mitchell
gathered Hair Technicians' confidential customer information.
41. Defendant Mitchell told Bonnie Knoonf, a customer of Plaintiff, that Plaintiff
could not do hair fusions because whenever Plaintiff does them, they fall out.
42. While employed with Plaintiff, Defendant Mitchell told Plaintiff's customers that
the Plaintiff was getting old and that she was retiring. This was done in an effort to encourage
customers to leave the Plaintiff's business and go to the Defendant Salon.
43. While still employed with Plaintiff, Defendant Mitchell asked Sandy Evan, a
customer of Plaintiff, to go to Defendant Mitchell's home for hair services.
44. Subsequent to the termination of her employment with Plaintiff, Defendant
Mitchell contacted Betsy Adams and Steven Futchco, customers of Plaintiff, and asked them to
come to the Defendant Salon.
45. Defendant Mitchell told Plaintiff's customers, Betsy Adams and Steven Futchco,
that she would remain in contact with them.
46. Defendant Mitchell breached her duty of loyalty owed to Plaintiff because she
solicited Plaintiff's customers during her employment with Plaintiff.
47. Defendant Mitchell further breached her duty of loyalty owed to Plaintiff because
she used Plaintiff's confidential customer information and resources for her personal benefit.
6
48. Should Defendant Mitchell continue to solicit Plaintiff's customers, Plaintiff will
continue to suffer the following:
a. Irreparable harm to Plaintiff's reputation in specialized services of hair
replacement and hair infusion; and
b. Irreparable harm to Plaintiff's ability to promote her business as
Defendants have been making derogatory comments about Plaintiff and Plaintiff's
business; and
C. Irreparable Harm to Plaintiff's reputation and ability to attract new
customers with specialized services; and
d. Loss of profits from the solicitation of Plaintiff's customers.
WHEREFORE, Plaintiff requests this Honorable Court enter judgment in her favor and
against Defendant Mitchell, and enjoin Defendant Mitchell from continuing to operate her
business in breach of her employment Agreement with Plaintiff. Plaintiff further requests
monetary damages for loss of past and future income as a result of said breach.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests this Honorable Court enter judgment in her favor and
against Defendants, and
(a) preliminarily enjoin Defendants from owning, operating,managing or being
employed by any business which is within a 60 mile radius of Plaintiff's principal place
of business,pending a determination of this action; and
7
(b) require Defendants to turn over all records of Plaintiff's customers including
names, addresses, financial information, and all other confidential information which was
contained in customers' file at Plaintiff's business; and,
(c) require Defendants to turn over all records pertaining to the business and
operation of Plaintiff's business including, but not limited to, invoices, financial
statements, and documents pertaining to the operation of Plaintiff's business; and,
(d) direct Defendant Mitchell to provide an equitable accounting of all earnings,
profits, or other benefits arising from the breach of the Agreement; and
(e) enforce the Agreement between Plaintiff and Defendant Mitchell; and,
(fl award monetary damages in the amount of $104, 557.40; and,
(g) award Plaintiff costs and expenses for this action including reasonable attorney's
fees; and,
(h) award any further relief the Court deems just.
Respectfully submitted,
ROBINSON & GERALDO
Date: �� ��-{ �I"I
By:
Gera S. Robinson, Esquire
Attorney for Plaintiff
8
VERIFICATION
The undersigned, Constance Valentine, herein avers that the statements of fact contained
in the attached Complaint are true and correct to the best of her information,knowledge and
belief and are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification
to authorities.
Date:
1(� 2-�I
Constance Valentine,Plaintiff
EMPLOYMENT AGREEMENT
Z vaL
ON THIS DAY_ /, BY AND BETWEEN CONSTANCE
VALENTINE T/A Hair Technicians 4280 TRINDLE ROAD,CAMPHILL,PA 17011
AND EMPLOYEE��i
L THE COMPANY IS-ENGAGED AS A SELLER,PRODUCER AND
SUPPLIER OF CUSTOM HAIR REPLACEMENTS, SYSTEMS,
EXTENSIONS AND WIGS.
2. THE COMPANY HAS DECIDED TO TRAIN EMPLOYEE AS A
STYLIST/HAIR REPLACEMENT SPECIALIZED TECHNICIAN.
3. UPON SATISFACTORY COMPLETION OF SUCH TRAINING,
THE EMPLOYEE'S DUTIES AND RESPONSIBILITIES WILL
INCREASE TO INCLUDE CLIENT RESPONSIBILITIES.
4. THE SAID TRAINING WILL GIVE EMPLOYEE ACCESS TO
CONFIDENTIAL AND PRIVATE CLIENT INFORMATION,
FILES,AND FINANCIAL INFORMATION.
5. TIM COMPANY IS DESIROUS OF MAIN'T'AINING THE
CONFIDENTIALITY OF ALL COMPANY RECORDS,
INCLUDING,BUT NOT LIMITED TO, THE SAID CLIENT
INFORMATION,FILES AND FINANCIAL INFORMATION.
6.. EMPLOYEE DESIRES TO RECEIVE THE AFORE-SAID
TRAINING AND TO UNDERTAKE INCREASED
RESPONSIBILITIES.
7. WHEREFORE,IN CONSIDERATION OF THE RESPECTIVE
PROMISES AND WITH THE INTENT TO BE-LEGALLY BOUND,
THE COMPANY AND EMPLOYEE MUTUALLY AGREE AS
FOLLOWS.
8. THE COMPANY SHALL CONTINUE THE EMPLOYMENT OF
EMPLOYEE AND SHALL INITIATE THE IN TRAINING OF
EMPLOYEE FOR THE HAIR STYLIST/HAIR REPLACEMENT
TECHNICIAN POSITION AT A RATE OF COMPENSATION.
9. IN RECOGNITION AND CONSIDERATION OF THE
EMPLOYEE'S EMPLOYMENT,COMPENSATION'AND FRINGE
BENEFITS,THE TRAINING WHICH THE COMPANY WILL
GIVE EMPLOYEE IN THE COMPANY'S BUSINESS. THE
EMPLOYEE'S INTRODUCTION TO THE COMPANY'S
CUSTOMERS.PROSPECTIVE CUSTOMERS MADE IN THE
PLAINTIFF'S
� E IBIT 1
. YY
COURTS OF EMPLOYEE'S EMPLOYMENT WITH THE
COMPANY AND THE CAREFULLY GUARDED METHODS OF
DOING BUSINESS WHICH THE COMPANY UTILIZES AND
DEEMS CRUCIAL TO THE SUCCESSFUL OPERATION OF IT'S
BUSINESS,EMPLOYEE COVENANTS THAT SHE/HE WILL
NOT DURING THE TERM OF THIS AGREEMENT, OR ANY
RENEWAL,OR FOR A PERIOD OF THREE(3)YEARS
' h t r,�• �� /�.`s.: t.<,,., IMMEDIATELY FOLLOWING TERMINATION OF THE
EMPLOYEE'S EMPLOYMENT WITH THE COMPANY
IRRESPECTIVE OF THE REASON FOR TERMINATION OR
WHICH PARTY INITIATES TERMINATION,EITHER DIRECTLY
OR INDIRECTLY OWN,MANAGE,OPERATE,CONTROL,BE
EMPLOYED OR RETAINED BY,PARTICIPATE IN OR BE
CONNECTED IN ANY MANNER WITH ANY BUSINESS OR
PRACTICE WHICH IS IN COMPETITION WITH THE COMPANY
WITHIN A 60 NLP-RADIUS OF THE COMPANY'S PLACE OF
BUSINESS OR BUSINESS;AND WILL NOT DURING THE TERM
OF THIS AGREEMENT,OR ANY RENEWAL,OR FOR A
PERIOD OF TWO YEARS IMMEDIATELY FOLLOWING
TERMINATION OF EMPLOYEE'S EMPLOYMENT WITH THE
COMPANY,IRRESPECTIVE OF THE REASON FOR
h.L ;#y lisp TERMINATION OR WHICH PARTY INITIATES TERMINATION,
EITHER DIRFXnY OR INDIRECTLY-ENGAGE IN
� 5�}' LuckCOMPETITION WITH THE COMPANY WITH A CUSTOMER OF
THE COMPANY.EMPLOYEE ACKNOWLEDGES THAT THIS
+luo> io +i"" AGREEMENT NOT TO EXPLOIT FOR HIS/HERS OWN
BENEFIT,CUSTOMER RELATIONSHIPS DEVELOPED AS AN
EMPLOYEE OF THE COMPANY. AFTER SUCH T1ME AS THIS
AGREEMENT SHALL HAVE BEEN TERMINATED,HAS BEEN
FREELY AND WILLINGLY MADE.
EMPLOYEE ACKNOWLEDGES OBLIGATION CONTAINED IN THIS
AGREEMENT-IS NOT ADEQUATELY COMPENSATED, BY MONEY
DAMAG4ES,AND EMPLOYEE AGREES THAT ANY SUCH BREACH SHALL
CAUSE THE COMPANY IRREPARABLE INJURY FOR WHICH THE COMPANY
SHALL BE ENTITLED TO A PRELIMINARY INJUNCTION AND TEMPORARY
RESTRAINING ORDER.IN ANY AND ALL ACTIONS-CONCERNING AN
ALLEGED BREACH BY EMPLOYEE OF ANY OBLIGATION-IN THIS
AGREEMENT,IRRESPECTIVE OF THE REQUESTED REMEDY.THE COMPANY
SHALL BE ENTITLED TO REASONABLE COUNSEL FEES AND COSTS OF SUIT
FROM THE EMPLOYEE.
2
}� I
` THE ENUMERATION OF THE LEGAL.REMEDIES TO WHICH THE COMPAtNY
�24 WILL BE l?NTITLED DOE NOT LIMIT ANY'REMEDIES THE COMPANY WOULD
OTHERWISE POSSESS,INCLUDING,BUT NOT LIMITED TO A SUIT FOR
MONEY DAMAGES.
EITHER EMPLOYEE OR THE.COMPANY,WITH OR WITHOUT CAUSE,Ftt
ANY REASON OR FOR NO RBASON,EXCEPT FOR A REASON PROHIBrMb BY
LAW,MAY TERMINATE THIS AGREEMENT ANY TIME UPON TWO WEE �.
NOTICE [WRITING BY CERTIFIED OR REGISTERED MAIL,RE'T'URN RECEIPT,
REQUESTED,TO THE OTHER ADDRESS HE PARTIES MAY AGREE UPON IN
WRITING.
1 p.TERMINATION BY EITHER PARTY FOR ANY REASON OR FOR
NO REASON SHALL AFFECT THE OBLIGATION IN THISATION,
AGREEMENT WHI H ARE SPECIFIED IN THIS AGREh'CONTINUE AFTERMENTB T THE
UNLESS OTHERWISE
PAYMENT OF SALARY OR ANY OTHER COMPENSATION OR
FRINGE BENIEFITS SHALL CEASE UPON TERMINATION-
11.ALL MATERIAL THAT MAY BE FURNISHED TO THE
EMPLOYEE,TOGETHER WITH LITERATURE,RATE SCHEDULE,
CUSTOMER LISTS,FORMS,FILING SYSTEMS AND ANY OTHER
PROPERTY FURNISHED TO THE EMPLOYEE,TO ASSIST
llffh& ER IN MAKING SALES,SHALL BE AND REMAIN THE
PROPERTY OF THE COMPANY AND SHALL BE RETURNED BY
THE EMPLOYEE TO TI#E COMPANY AT ANY TIME UPON
DEMAND. THE COMPANY BEING-NAMED"flair Technicians".
THIS AGREEMENT SHALL-BE CONSTRUED,AND THE LEGAL RELATIONS
BETWEEN THE PARTIES DETERMINED IN ACCORDANCE WITH THE LAWS
OF PENNSYLVANIA.IN WITNESS THEREOF,THE PARTIES HAVE EXECUTED
AS OF THE DATE ABOVE.
ALL EMPLOYEES MUST HAVE A DOCT'OR'S EXCUSE FOR ABSENCES OVER
TWO DAYS.
ALL EMPLOYEES MUST GIVE A TWO HOUR LATE OR ABSENCE NOTICE.
EMPLOYEE COMPANY OWNERWITNESS
V 04
ool
3
July 18, 2014
Hair Technicians
Mechanicsburg,PA
Dear Connie:
Please accept this letter as notification that I am resigning from my job effective today. I
apologize for not being able to give more notice,but at this time,family commitments
require that I make changes to my professional life. I thank you for my employment for
these past 10 years.
Please forward any pay due to me to my home address at: 273 Buckley Drive,
Harrisburg,PA 17112.
Respectfully,
Alicyn Mitchell
M
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AC/AC
CONSTANCE VALENTINE,
d/b/a Hair Technicians
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 14-6295
ALICYN MITCHELL,
ALICYN MITCHELL SALON, LLC : CIVIL ACTION
Defendants. : JURY TRIAL DEMANDED
ACCEPTANCE OF SERVICE
I, Craig A. Diehl, Esq., of the Law Offices of Craig A. Diehl, accept service of the
Complaint and Notice on behalf of the Defendants, Alicyn Mitchell and Alicyn Mitchell Salon,
LLC, and certify that I am authorized to do so.
Date: h
Mailing Address:
Law Offices of
Craig A. Diehl
3464 Trindle Road
Camp Hill, PA 17011
��ieh1-Es .
PMA, L, hicat 4/ j
Crt
CONSTANCE VALENTINE,
d/b/a Hair Technicians,
Plaintiff
NOV PH 2
C(It°CQJNT `(
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO. 14-6295
ALICYN MITCHELL,
ALICYN MITCHELL SALON, LLC,
Defendants
: CIVIL ACTION — LAW
: JURY TRIAL DEMANDED
ANSWER TO COMPLAINT
AND NOW COME Defendants, Alicyn Mitchell and Alicyn Mitchell Salon, LLC, by
and through their counsel, Law Offices of Craig A. Diehl, answering the Complaint as follows:
PRELIMINARY STATEMENT
1. Denied. Defendant Alicyn Mitchell Salon, LLC, (hereinafter, "Salon") was not in
existence at the time the alleged Employment Agreement (hereinafter, "Agreement") was drafted
and/or executed. Therefore, Defendant Salon was never a party to said Agreement.
2. Denied. Defendant Alicyn Mitchell, (hereinafter "Mitchell"), believes she was
provided with a copy of a proposed Agreement, including proposed Non -Compete Covenants,
(hereinafter "Agreement"), sometime during the year of 2006, not at the time her employment
began in August 2005. However, on the advice of prior counsel, Mitchell expressly refused to
sign Plaintiffs proposed Agreement because the suggested non -compete terms are too broad and
over -reaching in terms of time, scope, and distance with regard to hair salons.
3. Denied. Defendants never executed the said Agreement, nor was any
consideration provided by Plaintiff to Defendants in return for entering into said Agreement
during Defendant Mitchell's term of employment with Plaintiff's business.
4. Denied. Defendants did not enter into said Agreement with Plaintiff and therefore
are not required to adhere to any of its proposed terms, conditions, and/or non -compete
covenants. Furthermore, in the Summer of 2014, Plaintiff's actions towards Defendant Mitchell
caused Mitchell to inquire as to whether Plaintiff believed there was any type of valid, binding
employment Agreement between the parties. Each of Defendant Mitchell's requests to Plaintiff
for a copy of any alleged Agreement went unfulfilled. By way of further answer, the alleged
non -compete terms, if found to be acknowledged by Defendant Mitchell, are too broad and over-
reaching with respect to time, scope, and distance for a hair salon.
5. Denied. Defendants were never parties to a valid Agreement, inclusive of the
averred non -compete covenants. By way of further answer, Defendants are without knowledge
or information sufficient to form a belief as to the truth of the averment with regard to Plaintiff's
averred damages for losses and/or how Defendants actions have attributed to such averred losses.
STATEMENT OF JURISDICTION
6. Admitted.
7. Admitted.
8. Admitted.
9. Denied. Defendant Mitchell is the sole member and operator of Defendant Salon.
10. Admitted.
STATEMENT OF FACTS
11. Admitted.
12. Denied, Defendant Mitchell began working for Plaintiff in August, 2005.
13. Denied. Defendant Mitchell did not sign the averred Agreement with Plaintiff
14. Denied. Defendant Mitchell did not sign the averred Agreement with Plaintiff
and therefore is not required to adhere to any of its proposed terms, conditions, and/or non-
compete covenants. By way of further answer, said non -compete covenants are over -reaching in
terms of time, scope, and distance, and the Agreement as a whole was not supported by any
consideration.
15. Denied. Defendant Mitchell did not sign the averred Agreement with Plaintiff
and therefore is not required to adhere to any of its proposed terms, conditions, and/or non-
compete covenants. By way of further answer, Defendant Mitchell, after consulting with prior
counsel, informed Plaintiff that she would not sign a different proposed Agreement, also
containing covenants not to compete, which was presented to her several months after her
employment with Plaintiff began in August 2005.
16. Admitted in part, Denied in part. Defendant Mitchell formed Alicyn Mitchell
Salon, LLC, on or about May 1, 2014. Defendant Mitchell is without knowledge or information
sufficient to form a belief as to whether Plaintiff was aware of her actions.
17. Admitted.
18. Denied. Defendant Mitchell was approached on multiple occasions by Plaintiff's
clients during 2014 inquiring as to whether Plaintiff intended to continue operating her business.
Defendant Mitchell responded to such inquiries stating, "I do not know of her intentions".
19. Admitted.
20. Admitted.
21. Admitted. By way of further answer, Defendant Salon is located in a different
county than Plaintiffs business.
22. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averment.
23. Admitted.
24. Admitted in part, Denied in part. Defendant Mitchell acknowledges receipt of a
letter from Plaintiffs prior counsel regarding Mitchell's new business, however, no copy of the
said Agreement was produced with the letter to substantiate any request to cease operations of
Defendant Salon.
25. Admitted.
COUNT I
DEFENDANT MITCHELL
DEFENDANT ALICYN MITCHELL SALON, LLC
BREACH OF EMPLOYMENT AGREEMENT
26. Admitted.
27. Denied. Defendant Mitchell began working for Plaintiffs business in August
2005. The averred Agreement was allegedly executed on April 21, 2006, approximately eight
(8) months after Mitchell began employment with Hair Technicians. By way of further answer,
Defendant Mitchell was never presented with a copy of the averred Employment Agreement
prior to being served with Plaintiffs Complaint which included said document as Plaintiffs
Exhibit "A".
28. Denied. Defendant Mitchell, on advice of prior counsel, never signed the averred
Agreement or any other alleged Employment Agreement with Plaintiff. By way of further
answer, Defendant Mitchell requested a copy of any agreements that Plaintiff may have believed
were in effect regarding Defendant Mitchell's employment with Hair Technicians. Plaintiff
failed to provide Defendant Mitchell with a copy of the now averred Agreement and/or any other
purported Employment Agreements.
29. Denied. Defendant Mitchell never signed the averred Agreement.
30. Denied. Defendant Mitchell is the sole member and operator of Defendant Salon.
31. Admitted in part, Denied in part. Defendants acknowledge they compete with
Plaintiff with regard to certain hair services, however, Defendants provide additional hair styling
services they believe are not currently offered by Plaintiffs business.
32. Denied. Defendant Mitchell never signed the averred Agreement and therefore is
not required to adhere to any of its proposed terms, conditions, and/or non -compete covenants.
33. Denied. Defendant Mitchell never signed the averred Agreement and therefore is
not required to adhere to any of its proposed terms, conditions, and/or non -compete covenants.
34. Denied. Defendant Salon is not a party to any Employment Agreement with
Plaintiff. Defendant Mitchell never signed the averred Agreement and therefore is not required
to adhere to any of its proposed terms, conditions, and/or non -compete covenants. By way of
further answer, Defendant Mitchell did not take any of Plaintiffs confidential information.
Strict proof thereof is demanded at trial.
35. Denied. Defendants have not solicited any of Plaintiffs customers. By way of
further answer, Defendants did not sign the averred Agreement and therefore are not required to
adhere to any of its proposed terms, conditions, and/or non -compete covenants.
36. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averment.
37. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averment.
38. Denied, Defendant Mitchell never signed the averred Agreement and therefore
said Agreement in not enforceable.
WHEREFORE, Defendants request this Honorable Court enter judgment in their favor,
denying Plaintiff's request for injunctive relief, and awarding Defendants legal costs and/or any
other such relief as this Court finds appropriate and just.
COUNT II
DEFENDANT MITCHELL
BREACH OF DUTY OF LOYALTY
39. Admitted.
40. Denied. Defendant Mitchell did not gather or take confidential customer
information upon resigning her employment with Hair Technicians.
41. Denied. Defendant Mitchell made no representation to Bonnie Knoonf regarding
Plaintiff's hair fusion work.
42. Denied. Defendant Mitchell was approached on multiple occasions by Plaintiff's
clients during her employment with Hair Technicians inquiring as to whether Plaintiff intended
to continue operating her business. Defendant Mitchell responded to such inquiries stating, "I do
not know of her (Plaintiff's) intentions". By way of further answer, many of these client
inquiries were made prior to formation of Defendant Salon and prior to Defendant Mitchell's
resignation.
43. Denied. Defendant Mitchell has never provided hair services at her home.
44. Denied. Defendant Mitchell did not contact said Hair Technician customers. On
the contrary, said customers contacted Defendant Mitchell via telephone and/or via text message.
By way of further answer, Defendant Mitchell returned Betsy Adams's telephone call, but Ms.
Adams was at work at the time and could not speak. Defendant Mitchell has had no subsequent
contact with Ms. Adams. Defendant Mitchell responded to Mr. Futchco's initial text message
and declined to work with him Defendant Mitchell has had no subsequent contact with Mr.
Futchco.
45, Denied. Defendant Mitchell did not tell either Ms. Adams or Mr. Futchco that
she "...would remain in contact with them", nor has Defendant Mitchell had any subsequent
contact either of these Hair Technician customers.
46. Denied. Defendant Mitchell did not breach any duty of loyalty owed to Plaintiff
as she did not solicit Plaintiff's customers during her employment with Plaintiff. Strict proof
thereof is demanded at trial.
47. Denied. Defendant Mitchell did not breach any duty of loyalty owed to Plaintiff
as she has not used Plaintiff s confidential customer information and resources for her personal
benefit. Strict proof thereof is demanded at trial.
48(a -c). Denied. Defendant Mitchell has not solicited any of Plaintiff s customers. By
way of further answer, Defendant did not sign the averred Agreement and therefore is not
required to adhere to any of its proposed terms, conditions, and/or non -compete covenants.
WHEREFORE, Defendant requests this Honorable Court enter judgment in her favor,
denying all of Plaintiff's requested relief including, but not limited to, injunctive relief and award
of costs, expenses, and reasonable attorney's fees for this action; and awarding Defendant legal
costs and/or any other such relief as this Court finds appropriate and just.
By:
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
AM/
Thomas L. MeGlaughl , Esquire
Attorney I.D. No. 208313
3464 Trindle Road
Camp Hill, PA 17011
Tel: (717) 763-7613
Fax: (717) 763-8293
Attorney for Defendants
VERIFICATION
I, Alicyn Mitchell, Defendant above-named, being duly sworn according to law, deposes
that the facts set forth in the foregoing Answer to Complaint are true and correct to the best of my
knowledge, information and belief. The undersigned understands that the statements made therein
are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
ALICYN MI HELL
YN MIT ELL
MIT EL
SALON,
member of
ALICYN LLC
CERTIFICATE OF SERVICE
AND NOW, the 24th day of November, 2014, the undersigned hereby certifies that a true
and correct copy of the foregoing Answer to Complaint was served upon the opposing party by
way of United States first class mail, postage prepaid, addressed as follows:
Gerald S. Robinson, Esquire
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
adt)-0-
Debra A. Fike, Legal Secretary
GERALD S. ROBINSON, ESQUIRE
PA Supreme Court No. 27423
Robinson & Geraldo, PC
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525 — Phone
(717) 232-5098 — Fax
grobinson@robinson-geraldo.com
Attorney for Plaintiff
CONSTANCE VALENTINE,
d/b/a Hair Technicians
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 14-6295
ALICYN MITCHELL,
ALICYN MITCHELL SALON, LLC : CIVIL ACTION
Defendants. : JURY TRIAL DEMANDED
PETITION FOR PRELIMINARY INJUNCTIVE RELIEF
PURSUANT TO PA R.C.P. 1531
AND NOW COMES Plaintiff, Constance Valentine d/b/a Hair. Technicians, by and.
through her attorney, Gerald S. Robinson, Esq., of Robinson. & Geraldo, P.C.; and respectfully
petitions this Honorable Court grant injunctive relief pursuant to Rule 1531 of the Pennsylvania
Rules of Civil procedure, and in support thereof aver as follows:
1. A Complaint was filed in this case on October 10 2014. See Exhibit A
2. Defendant, Alicyn Mitchell, hereinafter "Defendant Mitchell." has breached a
non -competition covenant and a non -solicitation covenant in her employment contract with
Plaintiff by opening and operating Alicyn Mitchell Salon, LLC, and by soliciting Plaintiff s
customers. See Complaint ¶¶ 2-3, 11-25.
3. Defendant Mitchell has not only breached a non -competition agreement, but has
also breached her common law duty of loyalty owed to the plaintiff. Id. at ¶¶ 37-45.
1
4. Defendant Alicyn Mitchell Salon, LLC, hereinafter "Defendant Salon," has
allowed Defendant Mitchell to violate her non -compete agreement by way of using confidential
information that Defendant Mitchell took from Plaintiff.
5. Defendant Salon, by and through its agent, Defendant Mitchell, has solicited
Plaintiff s customers.
6. By virtue of Defendants' conduct, Plaintiff has been, and will continue to be,
irreparably harmed.
7. Plaintiff has spent more than 30 years developing her business and mastering
techniques and skills used in her business.
8. Plaintiff has lost more than half of her regular customers as a result of
Defendants' actions.
9. As to each item of the requested relief, greater injuries will be inflicted upon
Plaintiff by the denial of the request for relief than will be inflicted upon the Defendants by the
granting thereof.
10. Plaintiff has no adequate remedy at law.
11. The public will not be adversely affected by the granting of relief.
12. Plaintiff has not made any prior application to this Court for such relief or for
similar relief.
WHEREFORE, Plaintiff requests that this Honorable Court grant her Petition for
Preliminary Injunctive Relief and enter an Order temporarily enjoining Defendants from directly
or indirectly:
(a) Being, owning, managing, or being employed by, any business which is in
competition with Plaintiff's place of business, and is located within a 60 miles radius of
Plaintiffs place of business and
(b) Soliciting Plaintiff's customers; and
(c) Using or disclosing, for the benefit of the Defendants or any other person,
Plaintiffs business methods, business policies, information about business suppliers and
distributors, procedures, techniques, and proprietary or confidential information, client listings,
employee listings, marketing information and strategies that were developed or acquired by
Plaintiff and which Defendant Mitchell has obtained as a result of her employment with Plaintiff.
Respectfully submitted,
ROBINSON & GERALDO
Date: 4411 By:
Ger d S. Robinson, Esquire
Attorney for Plaintiff
VERIFICATION
The undersigned, Constance Valentine, herein avers that the statements of fact contained
in the attached Petition for Preliminary Injunctive Relief Pursuant to Pa R.C.P. 1531 are true and
correct to the best of her information, knowledge and belief and are made subject to the penalties
of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: 1 7-151/
-441-,e‘
Constance Valentine, Plaintiff
GERALD S. ROBINSON, ESQUIRE
PA Supreme Court No. 27423
Robinson & Geraldo, PC
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525 — Phone
(717) 232-5098 — Fax
grobinson@robinson-geraldo.com
FILED -OFFICE
OF THE PROTHONOTARY
2alli OCT 29 AM 10: 59
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney for Plaint
CONSTANCE VALENTINE,
d/b/a Hair Technicians
Plaintiff,
v.
:• IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
•
. NO. 14 . t0a145 O v
ALICYN MITCHELL, •
ALICYN MITCHELL SALON, LLC : CIVIL ACTION
Defendants. : JURY TRIAL DEMANDED
COMPLAINT
AND NOW COMES Plaintiff, Constance Valentine d/b/a Hair Technicians, by and
through her attorney, Gerald S. Robinson, Esq., of Robinson & Geraldo, P.C., and files this
Complaint, and in support thereof avers as follows:
PRELIMINARY STATEMENT
1 Plaintiff, Constance Valentine d/b/a Hair Teclmicians, hereinafter "Plaintiff,"
brings this action against Defendants, Alicyn Mitchell, hereinafter "Defendant Mitchell," and
Alicyn Mitchell Salon, LLC, hereinafter "Defendant Salon," — collectively "Defendants" — for
the breach of an employment agreement, hereinafter "Agreement," a copy of which is attached
hereto as Exhibit "A."
2. Defendant Mitchell agreed not to own, operate, manage, or be employed by any
company that is in competition with Plaintiff, and is within a 60 miles radius of Plaintiffs place
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, Pa.
This cl- of
Prothonotary
of business, during Defendant Mitchell's employment with Plaintiff and for three (3) years after
any termination of her employment with Plaintiff. See Exhibit A at ¶ 9.
3. Defendant Mitchell further agreed not to solicit any of Plaintiff's customers
during employment and for two years after termination of employment with Plaintiff. Id.
4. Plaintiff seeks to preliminary enjoin the Defendants from owning, operating,
managing or being employed with any business within a 60 miles radius that is competition with
Plaintiff's business.
5. Plaintiff further seeks to enforce the Agreement and be awarded monetary
damages for losses that she has suffered and will continue to suffer as a result of the Defendants'
actions.
• STATEMENT OF JURSIDICTION
6. 1 This court has jurisdiction pursuant to 42 Pa.C.S. § 931.
• 7. Plaintiff is the owner/ operator of Hair Technicians.
• 8. Hair Technicians is a cosmetology salon with a principal place of business at
4200 Trindle Road, Camp Hill, Cumberland County, Pennsylvania,
9. Defendant Mitchell is the owner or operator of Alicyn Mitchell Salon, LLC.
10. Defendant Salon is a Pennsylvania LLC with its principal place of business at
7011 Allentown Boulevard, Harrisburg, Dauphin County, Pennsylvania.
2
STATEMENT OF FACTS
11. Plaintiff is a seller, producer, and supplier of custom hair replacements, systems,
extensions and wigs.
12. On or about April 21, 2006, Defendant Mitchell began her employment with
Plaintiff.
13. On April 21, 2006, the Defendant Mitchell signed an employment agreement
(Agreement) with the Plaintiff. See Exhibit A.
14. Per the aforementioned Agreement, Defendant Mitchell agreed not to own,
operate, manage, or be employed by any company that is in competition with Plaintiff, and is
within a 60 miles radius of Plaintiff's place of business, during Defendant Mitchell's
employment with Plaintiff and for three (3) years after any termination of her employment with
Plaintiff. See Exhibit A at ¶ 9.
15. ; Defendant Mitchell further agreed not to solicit any of Plaintiff's customers
during employment and for two years after termination of employment with Plaintiff. Id.
16. On May 1, 2014, unbeknownst to Plaintiff, Defendant Mitchell formed Alicyn
Mitchell Salon, LLC.
17. On July 18, 2014, Defendant Mitchell resigned from Hair Technicians, citing
"family commitments." See Resignation Letter, a copy of which is attached hereto as Exhibit
18. Subsequent to Defendant Mitchell's resignation, Plaintiff learned that Defendant
Mitchell, while still employed Plaintiff, told clients that the Plaintiff was old and retiring.
19. Two days later, on July 20, 2014, Defendant Mitchell created, or caused to be
created, a Facebook page for her new business. See Facebook printout for Defendant Salon
attached hereto as Exhibit ""C."
20. On August 9, 2014, Defendants held a grand opening for the Defendant Salon.
21. Defendant Salon is located approximately 19 miles away from Plaintiff's place of
business.
22. Subsequent to Defendants' opening of Defendant Salon, Plaintiffs business saw a
fifty percent (50%) decline in her client list.
23. On or about August 20, 2014, Plaintiff notified Defendant Mitchell that she was
in breach of the Agreement.
24. On or About August 20, 2014, Plaintiff demanded that Defendants' cease and
desist from soliciting Plaintiffs clients and to uphold the Agreement.
25. The Defendants have failed to comply with Plaintiffs demand.
COUNT I
DEFENDANT MITCHELL
DEFENDANT ALICYN MITCHELL SALON, LLC.
BREACH OF EMPLOYMENT AGREEMENT
26. Plaintiff repeats and incorporates by reference Paragraphs 1-25 as if more fully set
forth herein.
27. Defendant Mitchell signed the Agreement when she began her employment at
Hair Technicians.
28. Plaintiff provided Defendant Mitchell with a copy of the Agreement at the time of
signing.
29. Defendant Mitchell is fully aware of the Agreement.
4
30. Defendant Mitchell is the owner and operator of Alicyn Mitchell Salon, LLC.
31. Defendants are in direct competition with Plaintiff.
32. Defendant Mitchell has breached her Agreement by owning, operating, and or
managing Alicyn Mitchell Salon, LLC.
33. Defendant Mitchell is further breach of the Agreement by soliciting Plaintiff s
customers prior to and after termination of employment.
34. Defendant Alicyn Mitchell Salon, LLC has allowed Defendant Mitchell to violate
her non -compete agreement by way of using confidential information that Defendant Mitchell
took from Plaintiff.
35. Defendant Salon, by and through its agent Defendant Mitchell, has solicited
Plaintiff s customers.
36. Plaintiff has spent time and money developing a customer list for more than
thirty years.
37. Plaintiff has invested time and money developing specialized hair replacement
and hair infusion techniques.
38. Defendant Mitchell acknowledged that breach of the Agreement cannot be
adequately compensated by money damages.
WHEREFORE, Plaintiff requests this Honorable Court enter judgment in her favor and
against Defendants, and enjoin Defendants from continuing to operate Defendant Salon in breach
of the employment Agreement with Plaintiff. Plaintiff further requests monetary damages for
loss of past and future income as a result of said breach.
COUNT -II
DEFENDANT MITCHELL
BREACH OF THE DUTY OF LOYALTY
39. Plaintiff repeats and incorporates by reference Paragraphs 1-38 as if more fully set
forth herein.
40. Prior to terminating her employment with Hair Technicians, Defendant Mitchell
gathered Hair Technicians' confidential customer information.
41. Defendant Mitchell told Bonnie Knoonf, a customer of Plaintiff, that Plaintiff
could not do hair fusions because whenever Plaintiff does them, they fall out.
42. While employed with Plaintiff, Defendant Mitchell told Plaintiff's customers that
the Plaintiff was getting old and that she was retiring. This was done in an effort to encourage
customers to leave the Plaintiff's business and go to the Defendant Salon.
43. While still employed with Plaintiff, Defendant Mitchell asked Sandy Evan, a
customer of Plaintiff, to go to Defendant Mitchell's home for hair services.
44. Subsequent to the termination of her employment with Plaintiff, Defendant
Mitchell contacted Betsy Adams and Steven Futchco, customers of Plaintiff, and asked them to
come to the Defendant Salon.
45. Defendant Mitchell told Plaintiffs customers, Betsy Adams and Steven Futchco,
that she would remain in contact with them.
46. Defendant Mitchell breached her duty of loyalty owed to Plaintiff because she
solicited Plaintiff's customers during her employment with Plaintiff.
47. Defendant Mitchell further breached her duty of loyalty owed to Plaintiff because
she used Plaintiff's confidential customer information and resources for her personal benefit.
6
48. Should Defendant Mitchell continue to solicit Plaintiff's customers, Plaintiff will
continue to suffer the following:
a. Irreparable harm to Plaintiff's reputation in specialized services of hair
replacement and hair infusion; and
b. Irreparable harm to Plaintiff's ability to promote her business as
Defendants have been making derogatory comments about Plaintiff and Plaintiff's
business; and
c. Irreparable Harm to Plaintiff's reputation and ability to attract new
customers with specialized services; and
d. Loss of profits from the solicitation of Plaintiff's customers.
WHEREFORE, Plaintiff requests this Honorable Court enter judgment in her favor and
against Defendant Mitchell, and enjoin Defendant Mitchell from continuing to operate her
business in breach of her employment Agreement with Plaintiff. Plaintiff further requests
monetary damages for loss of past and future income as a result of said breach.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests this Honorable Court enter judgment in her favor and
against Defendants, and
(a) preliminarily enjoin Defendants from owning, operating, managing or being
employed by any business which is within a 60 mile radius of Plaintiff's principal place
of business, pending a determination of this action; and
7
(b) require Defendants to turn over all records of Plaintiff s customers including
names, addresses, financial information, and all other confidential information which was
contained in customers' file at Plaintiff's business; and,
(c) require Defendants to turn over all records pertaining to the business and
operation of Plaintiff's business including, but not limited to, invoices, financial
statements, and documents pertaining to the operation of Plaintiff's business; and,
(d) direct Defendant Mitchell to provide an equitable accounting of all earnings,
profits, or other benefits arising from the breach of the Agreement; and
(g)
enforce the Agreement between Plaintiff and Defendant Mitchell; and,
award monetary damages in the amount of $104, 557.40; and,
award Plaintiff costs and expenses for this action including reasonable attorney's
fees; and,
(h) award any further relief the, Court deems just.
Respectfully submitted,
ROBINSON & GERALD()
Date: 0( )-14 (?-01Li By:
Gera S. Robinson, Esquire
Attorney for Plaintiff
8
VERIFICATION
The undersigned, Constance Valentine, herein avers that the statements of fact contained
in the attached Complaint are true and correct to the best of her information, knowledge and
belief and are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification
to authorities.
Date:
Constance Valentine, Plaintiff
EMPLOYMENT AGREEMENT
ON no DAY BY AND BETWEEN CONSTANCE
VALENTINE VA Hair Technicians 4200 TRINDLE ROAD, CAMPHILL, PA 17011
AND EMPLOYEE MAIII6-05rt
• THE COMPANY IS -ENGAGED AS A SELLER, PRODUCER AND
SUPPLIER OF CUSTOM HAIR REPLACEMENTS, SYSTEMS,
EXTENSIONS AND WIGS.
2. THE COMPANY HAS DECIDED TO TRAIN EMPLOYEE AS A
STYLIST/HAIR REPLACEMENT SPECIALIZED TECHNICIAN.
3. UPON SATISFACTORY COMPLETION OF SUCH TRAINING,
THE EMPLOYEE'S DUTIES AND RESPONSIBILITIES WILL
INCREASE TO INCLUDE CLIENT RESPONSIBILITIES.
4. THE SAID TRAINING WILL GIVE EMPLOYEE ACCESS TO
CONFIDENTIAL AND PRIVATE CLIENT INFORMATION,
FILES, AND FINANCIAL INFORMATION.
5. THE COMPANY IS DESIROUS OF MAINTAINING THE
CONFIDENTIALITY OF ALL COMPANY RECORDS,
INCLUDING, BUT NOT LIMITED TO, THE SAID CLIENT
INFORMAIION, FILES AND RNANCIAL INFORMATION.
6.. EMPLOYEE DESIRES TO RECEIVE THE AFORE -SAID
TRAINING AND TO UNDERTAKE INCREASED
RESPONSIBILITIES.
7. WHEREFORE, IN CONSIDERATION OF THE RESPECTIVE
PROMISES AND WITH THE INTENT TO BE -LEGALLY BOUND,
THE COMPANY AND EMPLOYEE MUTUALLY AGREE AS
FOLLOWS.
8. THE COMPANY SHALL CONTINUE THE EMPLOYMENT OF
EMPLOYEE AND SHALL INITIATE THE IN TRAINING OF
EMPLOYEE FOR THE HAIR STYLIST/HAIR REPLACEMENT
TECHNICIAN POSITION AT A RATE OF COMPENSATION.
9. IN RECOGNITION AND CONSIDERATION OF THE
EMPLOYEE'S EMPLOYMENT, COMPENSATION AND FRINGE
BENEFITS, THE TRAINING WHICH THE COMPANY WILL
GIVE EMPLOYEE IN THE COMPANY'S BUSINESS. THE
EMPLOYEE'S INTRODUCTION TO THE COMPANY'S
CUSTOMERS. PROSPECTIVE CUSTOMERS MADE IN THE
1
)1pe 4'110;
tr .7/
( Ckints
b(t);611/4.- LurNt.,
+LAI JO +bJ COI 11,1'414
is evetxkiLci frcep
COURTS OF EMPLOYEE'S EMPLOYMENT WITH THE
COMPANY AND THE CAREFULLY GUARDED METHODS OF
DOING BUSINESS WHICH THE COMPANY UTILIZPS AND
DEEMS CRUCIAL TO THE SUCCESSFUL OPERATION OF IT'S
BUSINESS, EMPLOYEE COVENANTS THAT SHE/HE WILL
NOT DURING THE TERM OF THIS AGREEMENT, OR ANY
RENEWAL, OR FOR A PERIOD OF THREE (3) YEARS
IMMEDIATELY FOLLOWING TERMINATION OF THE
EMPLOYEE'S EMPLOYMENT WITH THE COMPANY
IRRESPECTIVE OF THE REASON FOR TERMINATION OR
WHICH PARTY INITIATES TERMINATION, EITHER DIRECTLY
OR INDIRECTLY OWN, MANAGE, OPERATE, CONTROL, BE
EMPLOYED OR RETAINED BY, PARTICIPATE IN OR BE
CONNECTED IN ANY MANNER WITH ANY BUSINESS OR
PRACTICE WHICH IS IN COMPETITION WITH THE COMPANY
WITHIN A 60 MILE RADIUS OF THE COMPANY'S PLACE OF
BUSINESS OR BUSINESS; AND WILL NOT DURING THE TERM
OF THIS AGREEMENT, OR ANY RENEWAL, OR FOR A
PERIOD OF TWO YEARS IMMEDIATELY FOLLOWING
TERMINATION OF EMPLOYEE'S EMPLOYMENT WITH THE
COMPANY, IRRESPECTIVE OF THE REASON FOR
TERMINATION OR WHICH PARTY INITIATES TERMINATION,
EITHER DIRECTLY OR INDIRECTLY -ENGAGE IN
COMPETITION WITH THE COMPANY WITH A CUSTOMER OF
THE COMPANY. EMPLOYEE ACKNOWLEDGES THAT THIS
AGREEMENT NOT TO EXPLOIT FOR HIS/HERS OWN
BENEFIT, CUSTOMER RELATIONSHIPS DEVELOPED AS AN
EMPLOYEE OF THE COMPANY. AFTER SUCHTIME AS THIS
AGREEMENT SHALL HAVE BEEN TERMINATED, HAS BEEN
FREELY AND WILLINGLY MADE.
EMPLOYEE ACKNOWLEDGES OBLIGATION CONTAINED IN THIS
AGREEMENT -IS NOT ADEQUATELY COMPENSATED, BY MONEY
DAMAG4ES, AND EMPLOYEE AGREES THAT ANY SUCH BREACH SHALL
CAUSE THE COMPANY IRREPARABLE INJURY FOR WHICH THE COMPANY
SHALL BE ENTITLED TO A PRELIMINARY INJUNCTION AND TEMPORARY
RESTRAINING ORDER. IN ANY AND ALL ACTIONS- CONCERNING AN
ALLEGED BREACH BY EMPLOYEE OF ANY OBLIGATION -IN THIS
AGREEMENT, IRRESPECTIVE OF TIM REQUES IED REMEDY. THE COMPANY
SHALL BE ENTITLED TO REASONABLE COUNSEL FEES AND COSTS OF SUIT
FROM THE EMPLOYEE.
2
THE ENUMERATION OF THE LEGAL REMEDIES TO WHICH THE COMPANY
WILL BE ENTITLED DOE NOT LIMIT ANY REMEDIES THE COMPANY WOULD
OTHERWISE POSSESS, INCLUDING, BUT NOT LIMITED TO A SUIT FORT
MONEY DAMAGES.
EITHER EMPLOYEE OR THE COMPANY, WITH OR WITHOUT CAUSE, F
ANY REASON OR FOR NO REASON, EXCEPT FOR A REASON PRoHrBITEt BY
LAW, MAY TERMINATE THIS AGREEMENT ANY TIME UPON TWO WEE \
NOTICE WRITING BY CER MED OR REGISTERED MAIL, RETURN RECEIPV,
REQUESTED, TO THE OTHER ADDRESS HE PARTIES MAY AGREE UPON IN \
WRITING.
10.TERMINATION BY EITHER PARTY FOR ANY REASON OR FOR
NO REASON SHALL AFFECT THE OBLIGATION IN THIS
AGREEMENT WHICH ARE TO CONTINUE AFTER TERMINATION,
UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT; BUT THE
PAYMENT OF SALARY OR ANY OTHER COMPENSATION OR
FRINGE BENEFITS SHALL CEASE UPON TERMINATION.
MALL MATERIAL THAT MAY BE FURNISHED TO THE
EMPLOYEE, TOGETHER WITH LITERATURE, RATE SCHEDULE,
CUSTOMER. LISTS, FORMS, FILING SYSTEMS AND ANY OTHER
PROPERTY FURNISHED TO THE EMPLOYEE, TO ASSIST
IIIM/HFX IN MAKING SALES, SHALL BE AND REMAIN THE
PROPERTY OF THE COMPANY AND SHALL BE RETURNED BY
THE EMPLOYEE TO THE COMPANY AT ANY TIME UPON
DEMAND. THE COMPANY BEING- NAMED "Hair Tacimicians".
THIS AGREEMENT SHALL- BE CONSTRUED, AND THE LEGAL RELATIONS
BETWEEN THE PARTIES DETERMINED IN ACCORDANCE WITH THE LAWS
OF PENNSYLVANIA. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED
AS OF THE DATE ABOVE.
ALL EMPLOYEES MUST HAVE A DOCTOR'S EXCUSE FOR ABSENCES OVER
TWO DAYS.
ALL EMPLOYEES MUST GIVE A TWO HOUR LATE OR ABSENCE NOTICE.
EMPLOYEE COMPANY OWNER WITNESS
3
July 18, 2014
Hair Technicians
Mechanicsburg, PA
Dear Connie:
Please accept this letter as notification that I am resigning from my job effective today. I
apologize for not being able to give more notice, but at this time, family commitments
require that I make changes to my professional life. I thank you for my employment for
these past 10 years.
Please forward any pay due to me to my home address at: 273 Buckley Drive,
Harrisburg, PA 17112.
Respectfully,
Alicyn Mitchell
5
PLAINTIFF'S
EXHIBIT
10/24/2014
Alicyn Mitchell Salon
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Alicyn Mitchell Salon
October 18
Making Strides walk was a huge success! Thanks to all who donated and a
big thanks to all of you for walking with me. I will pick the name and
announce the winner of the scency on Tuesday! — with Alicyn Mitchell.
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CONSTANCE VALENTINE,
d/b/a Hair Technicians,
Plaintiff
19 'id dam' ryy
COUN
y�.1yJ $j V fi
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO. 14-6295
ALICYN MITCHELL,
ALICYN MITCHELL SALON, LLC,
Defendants
: CIVIL ACTION — LAW
: JURY TRIAL DEMANDED
ANSWER TO PETITION FOR PRELIMINARY INJUNCTIVE RELIEF
PURSUANT TO PA R.C.P. 1531
AND NOW COME Defendants, Alicyn Mitchell and Alicyn Mitchell Salon, LLC, by
and through their counsel, Law Offices of Craig A. Diehl, answering the Petition for Preliminary
Injunctive Relief pursuant to PA R.C.P 1531 as follows:
1. Denied. The Complaint in this matter was not filed on October 10, 2014.
2. Denied. Defendant Alicyn Mitchell, (hereinafter "Mitchell"), does not recall
executing any agreement with Plaintiff or Plaintiff's business that included non -compete
covenants at any time during her employment tenure which began in August 2005. By way of
further answer, Defendant Mitchell and Defendant Alicyn Mitchell Salon, LLC, (hereinafter
"Salon") have not solicited Plaintiff's clients. On the contrary, several of Plaintiff's clients have
initiated on their own volition contact with Defendants since opening their business in August
2014. Some of Plaintiffs clients, or apparently former clients, were turned away by Defendants
when they attempted to schedule appointments and/or purchase supplies. Defendants also
believe the terms in the averred non -compete covenants would be found to be over -broad and
unenforceable if said covenants were to be found otherwise valid by this Honorable Court.
Finally, prior to entering into a commercial lease for her business in the summer of 2014,
Defendant Mitchell, at the advice of her counsel, asked Plaintiff on multiple occasions for a copy
of any applicable employment-related documents. Prior to being served with the Complaint in
this matter, Defendant Mitchell was never provided with a copy of any employment related
documents or agreements by Plaintiff despite multiple requests for the same.
3. Denied. Defendant Mitchell is a licensed professional in the Commonwealth of
Pennsylvania. She has built her expertise through years of practice with multiple employers
including Plaintiff. Defendant Salon is located nearly twenty (20) miles from Plaintiff's
business, in a different city and county. Defendants have not solicited Plaintiff's clients, nor did
Defendant Mitchell take any of Plaintiff's client lists or contact information. When Defendant
Mitchell became uncomfortable with Plaintiff's business practices, she provided reasonable,
customary notice that she was ending her employment with Plaintiff. As Defendant Mitchell is a
professional who maintains her own license and skillset, she owes no other duty to Plaintiff
going forward.
4. Denied. As Defendant Salon is unaware of any valid non -compete agreement
with Plaintiff, it has no duty to enforce the same. By way of further answer, Defendant Mitchell
did not take any confidential information from Plaintiff. Strict proof thereof is required at trial.
5. Denied. Neither Defendant Mitchell nor Defendant Salon has solicited Plaintiff's
clients. Strict proof thereof is required at trial.
6. Denied. Defendants' actions since commencing operations in August 2014 have
in no way been directed at or against Plaintiff. Defendants have no awareness of the state of
Plaintiff's business affairs since Defendant Mitchell departed in July 2014. Strict proof thereof is
required at trial.
2
7. Admitted in part, denied in remainder. To the extent that Defendants are aware, it
is admitted that Plaintiff has cosmetology skills and expertise. It is denied that any action by
Defendants has resulted in Plaintiff being unable to utilize her skills and expertise.
8. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averment. Strict proof thereof is
required at trial.
9. Denied. Defendants have taken no actions to harm Plaintiff. Any relief requested
and/or eluded to in the Complaint or in this Petition will needlessly harm Defendants. Plaintiff
has yet to produce proof of any harm to date. Plaintiff s business may be in a state of decline for
many reasons, none of which are in Defendants' control. Strict proof thereof is required at trial.
10. Denied. Defendants have not violated any valid non -compete agreement.
11. Denied. As Defendants have violated no laws with regard to Plaintiff's ongoing
business operations and have violated no valid, enforceable agreements with Plaintiff, the public
would be adversely affected as a properly registered limited liability company located in the
Commonwealth of Pennsylvania would be needlessly prohibited from operating should
Plaintiff's requested relief be granted.
12. Admitted.
WHEREFORE, Defendants request this Honorable Court deny Plaintiff's Petition for
Preliminary Injunctive Relief, deny all relief requested by Plaintiff and award Defendant legal
costs and/or any other such relief as this Court finds appropriate and just.
3
Date:
By:
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Thomas L. McGlaughli Esquire
Attorney I.D. No. 208313
3464 Trindle Road
Camp Hill, PA 17011
Tel: (717) 763-7613
Fax: (717) 763-8293
Attorney for Defendants
CERTIFICATE OF SERVICE
AND NOW, the / 7 day of December, 2014, the undersigned hereby certifies
that a true and correct copy of the foregoing Answer to Petition for Injunctive Relief Pursuant to
PA R.C.P. 1531 was served upon the opposing party by way of United States first class mail,
postage prepaid, addressed as follows:
Gerald S. Robinson, Esquire
Robinson & Geraldo
4407 N. Front Street
P.O. Box 5320
Harrisburg, PA 17110
Debra A. Fike, gal Secretary
CONSTANCE VALENTINE,
d/b/a Hair Technicians
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 14-6295
ALICYN MITCHELL,
ALICYN MITCHELL SALON, LLC : CIVIL ACTION
Defendants. : JURY TRIAL DEMANDED
ORDER
AND NOW, this 1C" day of December, 2014, upon consideration of Plaintiffs Petition
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