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HomeMy WebLinkAbout05-401110 Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Timothy E. Gilsbach, Atty. I.D. #92855 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0,5= yol ! c-Lrwi ??hr? PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above captioned action, which shall be issued and forwarded to sheriff. STROKOFF & COWDEN, P.C. By: ame L. Cowden, ID No. 20082 l 'm by E. Gilsbach, ID No. 92855 Date: y dvu S 13 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: CARLISLE SYNTEC, INC. YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: By. Pr onot Deputy -1,?, yz-? li%? ?• a .s ? `n=k v\ Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Timothy E. Gilsbach, Atty. I.D. #92855 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No- _ yo l/ 6"It- ? 7ee PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANT FOR PURPOSES OF PREPARING THE COMPLAINT Pursuant to Pa.R.C.P. Nos. 4005 and 4006, Plaintiff, Joseph Cesario, by and through counsel, Strokoff & Cowden, P.C., requests Carlisle Syntec, Inc., the Defendant, to answer separately and fully in writing and under oath the Interrogatories set forth herein and serve the answers upon undersigned counsel within thirty (30) days of service thereof. These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information prior to trial pursuant to Pa.R.C.P. No. 4007.4. 1 I. DEFINITIONS Unless a contrary meaning appears in the text, the following definitions apply to these Interrogatories: 1. "Communication" means any contact, oral, written and/or electronic, formal or informal, at any time or place, under any circumstances, in any manner, whereby a statement of any nature is transmitted or transferred, and shall include, without limitation, any documents containing, constituting, reflecting, memorializing or referring to any such contact. 2. "Describe in Detail": The phrase "describe in detail" shall require, in the case of an act, transaction, relationship, thing or occurrence: (a) A full description of such act, transaction, relationship, thing, or occurrence by reference to underlying facts rather than ultimate facts or conclusions of fact or law, including a complete reference to: (1) Date (s) (2) Place(s) (3) Person(s) involved; and (4) Manner or means employed; (b) Identification of your source(s) of information concerning such act, transaction, relationship, thing, or occurrence, including the date on which you received such information; (c) Identification and general description of each document relating to, referring to, or evidencing such act, transaction, relationship, thing or occurrence; (d) Specification of each document so identified which you intend to offer in evidence, specifying the particular act(s), transaction(s), relationship(s), thing(s), or occurrence(s) in connection with which the offer is to be made; 2 (e) Specification of each person so identified whom you intend to call as a witness, indicating the particular act(s), transaction(s), thing(s), or occurrence(s) in connection with which each such person is expected to testify. 3. "Document": As used herein, the word "document" includes any original, reproduction, or copy of any kind of documentary material, including, without limitation, correspondence, memoranda, interoffice communications, notes, diaries, contracts, documents, drawings, plans, specifications, estimates, vouchers, permits, ordinances, minutes of meetings, invoices, billings, checks, receipts, applications, resumes, reports, studies, telegrams, notes of telephone or other conversations, and any material such as briefs, memoranda, applications, or pleadings, filed with any judicial, regulatory, or administrative body. The term further includes any graphic matter of any kind or character, however produced or reproduced; any electronically or magnetically recorded or stored matter of any kind or character, however produced or reproduced; and any other matter of any kind or character constituting the recording of any tangible thing, or storage in any retrievable way, by any means of communication, representation or data retention not in this subsection heretofore described. 4. "Identify" or "Identity" means when used in reference to: (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city, town and state or county); (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title and date; (b) its subject matter; (c) its author's identity; 3 (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number. 5. "Person" means a natural person, partnership, association, corporation, or government agency. 6. "You" or "yours" refers to Defendant, as defined herein. 4 II. INSTRUCTIONS The following instructions are applicable to these standard Interrogatories: 1. Duty to answer: the Interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers you must furnish such information as is available to you, your employees, representatives, agents and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. 2. Claim of privilege: with respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. 3. Option to produce documents: in lieu of identifying documents in response to these Interrogatories, you may provide copies of such documents with appropriate references to the corresponding Interrogatories. Identify each person who assisted or participated in preparing and/or supplying any of the information given in answer to or relied upon in preparing answers to these Interrogatories. Where knowledge or information in possession of the Plaintiffs is requested, such request includes knowledge of Plaintiff's agents, representatives, and, unless privileged, their attorneys. If you cannot answer the Interrogatories in full after exercising due diligence to secure the information, so state and answer to the extent possible, specifying your inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portions. Any document or other material required to be identified or produced in response to these Interrogatories which Plaintiff claims to be protected by the attorney-client or other privilege shall be listed and identified with an 5 appropriate explanation for the basis of the privilege being claimed, and all non-privileged portions of such documents shall be produced. III. INTERROGATORIES 1. Describe in detail any and all methods used to record sales logged by employees. ANSWER: 2. Identify any and all documents which may or are known to have existed but were not produced in response to the Request for Production of Documents served simultaneously with these Interrogatories and explain in detail the reason for why said documents were not or were unable to be produced. ANSWER: STROKOFF & COWDEN, P.C. By: Ja es L. Cowden, ID No. 20082 U T mothy E. Gilsbach, ID No. 92855 i?f Date: ll?G 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 6 ' ?' r 1 _ - is ? _I i u- ?? I ?_ v - l., i _? ?, I t i r _, t c.?? -, _ , ?_ A> Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Timothy E. Gilsbach, Atty. I.D. 492855 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT ON CUMMUN YLEA5 CUMBERLAND COUNTY, PENNSYLVANIA NO. Lcti ^7 0// ?L? a c?G ?/ ¢ M PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT FOR PURPOSES OF PREPARING THE COMPLAINT Plaintiff, Joseph Cesario, pursuant to Pa.R.C.P. No. 4009.1 et. seq., by and through counsel, Strokoff & Cowden, P.C., serves upon Defendant, Carlisle Syntec, Inc. the following Request for Production of Documents for purposes of preparing a Complaint in the above captioned matter. Defendant is directed to provide responses to the Request for Production of Documents within thirty (30) days of service thereof hereof, at the law offices of Strokoff & Cowden, P.C., 132 State Street, Harrisburg, Pennsylvania 17101. In lieu of production at that time and place, you may produce legible photocopies together with a reasonable bill for copying. 1 I. DEFINITIONS AND INSTRUCTIONS As used in this request, the following terms shall have the meanings indicated: 1. "Communication" means any contact, oral, written and/or electronic, formal or informal, at any time or place, under any circumstances, in any manner, whereby a statement of any nature is transmitted or transferred, and shall include, without limitation, any documents containing, constituting, reflecting, memorializing or referring to any such contact. 2. "Document." As used herein, the word "document" includes any original, reproduction, or copy of any kind of documentary material, including, without limitation, correspondence, memoranda, interoffice communications, notes, diaries, contracts, documents, drawings, plans, specifications, estimates, vouchers, permits, ordinances, minutes of meetings, invoices, billings, checks, receipts, applications, resumes, reports, studies, telegrams, notes of telephone or other conversations, and any material such as briefs, memoranda, applications, or pleadings, filed with any judicial, regulatory, or administrative body. The term further includes any graphic matter of any kind or character, however produced or reproduced; any electronically or magnetically recorded or stored matter of any kind or character, however produced or reproduced; and any other matter of any kind or character constituting the recording of any tangible thing, or storage in any retrievable way, by any means of communication, representation or data retention not in this subsection heretofore described. 3. "Person" means a natural person, partnership, association, corporation, or government agency. 4. "You" or "yours" refers to Defendant, as defined herein. 2 II. INSTRUCTIONS 1. Identify each document produced for inspection pursuant to this request and organize and label the documents produced to correspond with the categories in this request. 2. Documents with respect to which privilege is claimed (including work product) shall be sufficiently described so that Defendant can bring the question of privilege before the Court. Documents shall be deemed to be adequately described for this purpose if the following information is provided: (1) the nature of the privilege claimed; (2) the identity and position of the person(s) supplying the information on which the privilege is based; (3) the location and approximate date the document was prepared, its title, the type of document (e.g. letter, memorandum, etc.), addressee and length in pages; (4) the name of each person (other than stenographic or clerical assistants) participating in the preparation of the document; (5) the name and position of each person, other than your attorneys, to whom the contents of the document have been communicated by copy, exhibition, reading, or substantial summarization; and (6) a brief description or summary of the contents of the document sufficient to explain the privilege involved. 3. If any portion of a document is claimed to be privileged, produce the non-privileged portion for inspection and copying and provide the information set forth immediately above as to the allegedly privileged portion. 3 4. If Defendant or any agent of Defendant, including his attorney, is aware of the existence of any document within the scope of these document requests which is not within the custody, possession or control of Defendant or one of his agents, please identify any such document in a written response to the request for the production of the document. In identifying a document in this fashion, it is requested that the following information be provided: (1) the name, address and telephone number of the person who has possession, custody, or control over the document; (2) a brief summary of the nature of the information contained in the document; (3) the date of the document; and (4) the name of the person who prepared the document; 5. This request for production is a continuing one; if after producing documents, you obtain or become aware of other documents responsive to this request, you are requested to produce such additional documents. 6. Any request for any document shall be deemed to request production of the original and all non-identical copies, including copies which have been altered by addition of matter or notation not present on the original. 7. A request to produce documents includes not only all documents in Defendant's physical possession, but also all documents in the possession of his attorneys, his agents or his representatives. 4 II2. DOCUMENTS REQUESTED 1. Any and all records of any and all sales made by Joseph Cesario during his employment with Defendant. STROKOFF & COWDEN, P.C. By: s L. Cowden, ID No. 20082 i thy E Gilsbach, ID No. 92855 Date: q, a0O 3 State Street, PO Box 11903 V Harrisburg, PA 17108-1903 (717) 233-5353 5 SHERIFF'S RETURN - REGULAR CASE NO: 2005-04011 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CESARIO JOSEPH VS CARISLE SYNTEC INC RONALD E. HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS CARLISLE SYNTEC DEFENDANT was served upon the , at 0010:18 HOURS, on the 18th day of August , 2005 at 1285 RITNER HIGHWAY CARLISLE, PA 17013 by handing to BOB STOUT (VICE PRESIDENT) a true and attested copy of WRIT OF SUMMONS PLTFF'S REQUEST FOR PRODUCTION OF DOCUMENTS INTERROGATORIES together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 `00- Service 4.00 ,;;y/2 Affidavit .00 Surcharge 10.00 R. Thomas Kline' nn 1G . V V Sworn and Subscribed to before me this day of T? A.D. rotho ry 08/19/2005 STROKOFF & COWDEN By: Deputy Sheriff Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Arty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 i1c@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant N O T I C E 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, 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. 1 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. 420082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 ilc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant A V I S O USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqua en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. 3 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 11c@strokoffandcowden.com 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant !1/11fTT T T1TT AND NOW, comes the Plaintiff, Joseph A. Cesario, by and through his attorneys, Strokoff & Cowden, P.C., and hereby files the following Complaint against Carlisle Syntec, Inc., averring in support thereof as follows: 1. Joseph A. Cesario is an adult individual who resides at 71 Manada Creek Circle in Carlisle, Cumberland County, Pennsylvania 17013. 2. Carlisle Syntec, Inc. is a corporation doing business in Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant is in the business, inter alia, of selling roofing products. I . 4. Plaintiff was an employee of Defendant as a National Account Manager from July 28, 2003, until November 15, 2004. 5. Under the terms of his employment agreement, the Plaintiff was entitled to a base annualized salary of $75,000 and a bonus of up to 400 ($30,000) in 2003. The Plaintiff was also entitled to a bonus of up to 60% ($45,000) in 2004. These terms of Plaintiff's employment are set out in a letter and agreement dated July 16, 2003, attached hereto as Exhibit A and hereby incorporated herein. 6. The amount of each of Plaintiff's bonuses is determined by the Plaintiff's successful sales. 7. As required by the Defendant, the Plaintiff made and reported sales in excess of $1.1 million. 8. The Defendant has failed and refused to pay Plaintiff the bonuses to which he is entitled for a period in excess of 60 days. 9. Defendant's failure to pay Plaintiff the above described bonus violates the Wage Payment and Collection Law, 43 P.S. §260.1 et seq., thereby entitling Plaintiff to 1) the unpaid bonuses, 2) liquidated damages in the amount of 25% of 2 the unpaid amount, 3) reasonable attorney's fees, and 4) interest. WHEREFORE, the Plaintiff prays for judgment against Defendant in the amount of $75,000, liquidated damages, interest and attorney's fees. By: Date: A oo) STROKOFF & COWDEN, P.C. Ja ros L. Cowden At ney ID No. 20082 Jennifer A. Nachamkin Attorney ID No.200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 3 Mr. Joseph A. Cesario 8712 Parkside Drive Sagamore Hills, OH 44067 Dear Mr. Cesario: This is to confirm our offer to you for the position of National Account Manager a, our Carlisle, PA campus. Your salary for the remainder of 2003 will be at a salary of $3,541.67 per semi-monthly pay period (equivalent to approximately $85,000 on an annualized basis). The 200-1 _:mualizec I .1a: 1, c,.- be $75,000. Carlisle SynTec Incorporated offers a comprehensive benefits program, details of which are enclosed. Your effective start date will be July 28, 2003. You will be eligible to earn a bonus in 2003 (paid in the first quarter of 2:004) of u:i to 40%. In 2004 you will be eligible to receive up to a 60% bonus. This offer includes full relocation assistance (description enclosed) whicl'a includes home sale assistance; home purchase closing costs (excluding points); moving of household goods; two 12) house hunting trips to the Carlisle, PA area; and $1000 out of pocket expenses (license and registration changes, book ups, etc.). Employment-at-will applies to your employment with Carlisle SynTec Incorporated. Employment is not for any stated period and may be discontinued by either the employee or the company with or without cause or notice. This offer is contingent upon your successful completion of Carlisle Syn'rec Incorporated's post offer screening for illegal drugs and your satisfactory completion of all other facets of Carlisle SynTec Incorporated's pre-employment screening process. Please sign, date, and return one copy of this letter and one copy of the enclosed Non-disclosure agreement. Retain the other copies for your records. Thank you for your interest in employment with Carlisle SynTee Incorporated. If you have any questions regarAing our offer, please contact me. Phone (toll free): 1-000-4-SYNTEG Pa.: 717-245-7285 w .carhsle-syntec.conn Carlisle SynTec Incorporated This letter, in duplicate, will serve as an agreement between you and this Company covering some important terms of your employment. The word "Company" wherever used herein shall be deemed to include any company or corporation which is affiliated with Carlisle SynTec Incorporated. You realize that, in the course of your employment, the Company will necessarily reveal to you, or you may develop, confidential information which, if known to its competitors, would be likely to injure the Company in its business. In consideration of your employment by the Company, and the payment of compensation during such employment, it is understood and agreed as follows: 1. That you will hold to strict confidence and not reveal to any person, firm, or corporation, or use for your own benefits any secret or confidential information obtained during the course of your employment with the Company, including but not limited to, information relating to sales, sales volume or strategy, past or present customers, number or location of salesmen, cost data and other financial information, contracts and other agreements of a legal nature, manufacturing methods, processes, techniques, machines, formula, products, improvements, inventions, or research belonging to or relating to the affairs of the Company, without first obtaining the written permission of the president of the Company. 2. That upon leaving the employ of the Company, you will not take with you any written drawings, photographs, or other recorded or reproduced materials belonging to or relating to the affairs of the Company. Prior to leaving the Company and notwithstanding the circumstances surrounding your departure, you will deliver to the Company all notes, notebooks, and other data and materials in your possession or under your control belonging to or relating to the affairs of the Company. 3. That you will promptly and fully disclose, in writing to the head of the department in which you are employed or to whomever else may be designated by the Company, any and all inventions, conceived, discovered or made by you (whether alone or jointly with others) while in the employ of the Company, if the invention directly or indirectly relates to or is capable of being used in connection with (a) the business of the Company, or (b) products, processes, or machines being developed for future use of the Company. ROOFING AMERICA FOR OVER 40 YEARSr. Carlisle SynTec Inconsonance! © 2002 Carlisle SynTec Incorporated P.O. Box 7000• Carlisle, PA 17013 Printed in the O.SA. Phone (toll free): 1-800-4-SYNTEC Fax: 717-245-7285 w vncadisle-syntea.com Carlisle SynTec Incorporated 4. You will assign your entire interest in any inventions which are required to be disclosed pursuant to Paragraph 3 of this letter; and you will assist the Company and its attorneys in handling patent application or any other matters connected with the transfer of the invention. of the Company and the protection of the Company's proprietary interest therein. 5. During your employment with the Company, you will not engage in any other employment or activities that conflict with or impair your obligations of conf dentiality or loyalty as an employee of the Company. 6. You understand that this Agreement does not bind you to continue in the employ of the Company and does not bind the Company to continue your employment. 7. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and shall be binding upon you, your heirs, legal representatives, and assigns. In the event of your violation, or threatened violation, of any of the terms hereof, the Company shall be entitled to enforce this Agreement by way of injunction in addition to any other legal remedies it may be entitled to. In the event that any provision of this Agreement is declared unenforceable or void, the remainder of this Agreement shall continue in full force and effect. 8. This Agreement shall be executed in two counterparts, one of which shall be retained by the Company and the other by the Employee. Incorporated '.;I-/ VERIFICATION I, Joseph A. Cesario, certify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. A DATE: ?J rio 4 e L. Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing document by U.S. Certified mail, return receipt requested, upon the following: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Defendant, Carlisle Syntec, Inc. Date: low a? )-00ly- Ja e L. Cowden ? r' _ {?i i " ? ; ' r ; r -n ?.,a ra - ` {; s- + c.-? JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED NOTICE TO PLEAD TO: Joseph Cesario c/o James L. Cowden, Esquire Timothy E. Gilsbach, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer, New Matter and Counterclaim or a Default Judgment maybe e ered against you. O'BRIE ? ERER David A. Baric, Esquire Date: /O I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 JOSEPH CESARIO, Plaintiff CARLISLE SYNTEC INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED ANSWER NEW MATTER AND COUNTERCLAIM NOW, comes Defendant, Carlisle SynTec Incorporated ("Carlisle"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Answer, New Matter and Counterclaim and, in support thereof, sets forth the following: Admitted. 2. Admitted. Denied. To the contrary, Carlisle is a manufacturer and marketer of construction materials including, but not limited to, roofing products. 4. Admitted. 5. Denied. To the contrary, there was no employment agreement between the parties. Plaintiff was an employee at will. Moreover, any bonus was discretionary to be determined solely by Carlisle. Plaintiff never met criteria established by Carlisle to become entitled to any bonus. It is denied that the documents attached as Exhibit "A" set forth the terms and conditions of Plaintiffs employment. To the contrary, these documents set forth only some of the terms and conditions of Plaintiff's employment. Denied. To the contrary, successful sales by Plaintiff were only a portion of the criteria established by Carlisle for bonus purposes. Moreover, Plaintiff never met the bonus criteria and the payment of any bonus was discretionary to be determined solely by Carlisle. Denied. To the contrary, sales in excess of $1.1 million dollars was not a criteria for determining any bonus for Plaintiff. Moreover, Plaintiff failed to meet any sales goals for determining a bonus. Admitted in part and denied in part. It is admitted only that Carlisle did not pay a bonus to the Plaintiff while he was employed by Carlisle. The remaining averments are denied. 9. To the extent these averments constitute conclusions of law, no response is required. To the extent a response may be required, the averments are denied. To the contrary, Plaintiff was never entitled to a bonus, any bonus was discretionary and any bonus was not within the Wage Payment and Collection Law. Plaintiff is not entitled to any recovery of bonuses or liquidated damages, reasonable attorney fees or interest. WHEREFORE, Defendant requests that judgment be entered in its favor and against Plaintiff and Defendant be awarded its costs and expenses. NEW MATTER 10. Plaintiff's complaint fails to state a cause of action upon which relief may be granted. 11. Attached hereto as Exhibit `B° and incorporated by reference is a document provided to Plaintiff prior to his becoming employed by Carlisle which discusses any bonus which may be available to Plaintiff during his employment with Carlisle. 12. Pursuant to Exhibit "B", any bonus was discretionary at the sole election of Carlisle and could be modified or terminated at any time. 13. An employee had to be employed by Carlisle at the time a bonus was to be distributed to be eligible for a bonus. 14. The Wage Payment and Collection Act does not apply to bonuses which are tied to the overall productivity of a business. 15. The Wage Payment and Collection Act does not apply to the compensation claimed to be due by the Plaintiff. 16. Carlisle denies that a contract existed between the parties regarding a bonus, however, in the event a contract is found to exist, Carlisle asserts that every contract is subject to an implied obligation of good faith and fair dealing. 17. During the course of his employment with Carlisle, Plaintiff did inappropriately and illegally offer to pay a large sum of money to the employee of a customer in order to induce that employee to approve the purchase of Carlisle roofing products. 18. The offering of the money as referenced in paragraph 17, which is incorporated herein by reference, was a breach of the implied obligation of good faith and fair dealing in a contract if a contract is said to have existed between Carlisle and Plaintiff, which is denied. 19. Plaintiff is estopped from asserting a claim for a bonus by his own acts and deeds including, but not limited to, offering the money as referenced in paragraph 17, which is incorporated herein by reference, to obtain sales of Carlisle products with the resultant effect of attempting to reach his sales goals through illegal and unethical means. 20. Plaintiff does not have clean hands and he should be precluded from recovering any sum from Carlisle. 21. Plaintiff s claims are precluded by the statute of frauds. 22. Plaintiffs claims are precluded by applicable statutes of limitation. 23. Plaintiff s claims are precluded by laches. 24. Carlisle was justified in refusing to pay a bonus to Plaintiff because Plaintiff was never entitled to a bonus. 25. Carlisle exercised its privilege in refusing to pay a bonus to Plaintiff because Plaintiff was not entitled to a bonus. WHEREFORE, Defendant requests that judgment be entered in its favor and against Plaintiff together with costs and expenses. COUNTERCLAIM COUNT I-DEFAMATION 27. Carlisle incorporates by reference paragraphs one through twenty-five of its Answer and New Matter as though set forth at length. 28. During the course of his employment with Carlisle, Plaintiff did inappropriately and illegally offer to pay a large sum of money to the employee of a customer in order to induce that employee to approve the purchase of Carlisle roofing products. In particular, Plaintiff did inform Annette Ullom, and employee of Advanced Auto Parts, that Plaintiff would arrange for Ullom to receive tens of thousands of dollars if she agreed to see that Carlisle roofing products were purchased for Advanced Auto Parts building projects. 29. At the time Plaintiff made this illegal and inappropriate offer, Plaintiff was and did communicate to the third party recipient, directly or by necessary implication, that the stated offer was a business practice of Carlisle. 30. Such a business practice would constitute business misconduct as being violative of criminal statutes of this Commonwealth. 31. Plaintiff did publish this statement to the third party recipient. 32. The recipient understood this offer to apply to the business of Carlisle and its business practices. 33. A statement which constitutes and communicates business misconduct is slander per se. 34. The Plaintiff was not privileged in making such a statement. WHEREFORE, Carlisle requests that judgment be entered in its favor and against Joseph Cesario for a sum in excess of $35,000.00 plus costs and expenses. Respectfully submitted, azRIC M David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant dab. d i r/litigation/ca rl.syn/cesa rio/answernewmatter&co u ntercla im. pld VERIFICATION The statements in the foregoing Answer, New Matter and Counterclaim are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extend that they are based upon information which I have given my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. DATE: ?Je 9? 3zmG G?< oseph Carbine 2003 SALARY & BONUS PLAN C x•96% s? STARTING SALARY: JULY, 2003- DECEMBER 31, 2003 c? $85,000. / CHECKS ISSUED TWICE A MONTH Benefits: To be reviewed by Carlisle's Personnel Manager Relocate to Carlisle, PA 2004 SALARY: JANUARY 1, 2004 TO DECEMBER 31, 2004 $75,000 e' ,.t y 0 DOM STI .AN ROOFING SALES GROSS SALES TARGET ($267,788,000) Achieve plan= % <901/6 of plan =01/6 Prorated between 90% and plan SQ Ff TARGET (328,000,000) Achieve plan= % <90% of plan =0% Prorated between 90% and plan ULTRA MEMBRANES: (1,100,000 square feet) (2003) Achieve plan= % <90% of plan =0% Prorated between 900,6 and plan PREX[IUM MEMBRANES (1,400,000 square feet) (2003) Achieve plan = % <90° 0 of plan =00 0 Prorated between 90% and plan 2003 2004 2% 3% 2004 Square Feet 2% 3% 12% 22% 2,000,000 12% 20% 2,250,000 7% Management & utilization of Carlisle Representatives and Distributors Use and implementation of Roof Sentry with Key Accounts Use and implementation of the National Account Technical Services Reporting/recommendations/initiative Budgetary control Monthly Project spreadsheet Demonstrate results in maintaining existing accounts Development of new accounts with a long-tern strategy EPDM reroofing sales development/East of bGssissippi 5% 7% 5% EXHIBIT "B" 2003 2004 MAXIMUM BONUS POTENTIAL = 400/ GO'/e ?fL 1Zo, oao The plan shall be administered by the Director of National Accounts (Administrator). The administrator shall have the authority to interpret the plan and to make or rescind such niles and procedures, as he deems necessary for proper administration of the plan. Any determination with respect to the plan shall be final and binding on all.. The purpose of the National Accounts Manager incentive bonus plan is to increase sales and profits of the domestic reroofing segment of the company by establishing quantifiable goals for the sales manager that correspond with the operating plan goals of the company. 'fhe achievement of stated goals would result in added compensation for the National Account Manager providing strong incentive to take the management actions necessary to meet or exceed plan objectives. Incentive bonus payments will be included in the year in which paid for the purposes of determining compensation under benefit plans in which compensation is a factor. Bonuses will be considered t,-tsable income to the narticinant in the vear maid and will he subject to withholding for required income and other applicable taxes. Salary as of 12/31/03 will be used as the basis of bonus calculations. Base salary will always be the determining factor for life insurance. Salary continuance and long-temp disability will be determined by base salary. Total compensation will be the determining factor for pension and 401(k) participation. PLAN TERMINATION OR AMENDMENT The plan may be amended, suspended or terminated at the discretion of the company at any time. Individuals transferred or terminating employment prior to the end of the plan year are not entitled to any compensation under this plan. Employee must be employed by Carlisle at the time of bonus distribution to be eligible for bonus. EFFECTIVE DATE This plan is effective for calendar year 2003. Incentives earned under this plan will be paid in early 2004. CERTIFICATE OF SERVICE I hereby certify that on January 10 , 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of an Answer, New Matter ands Counterclaim, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: James L. Cowden, Esquire Timothy E. Gilsbach, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 1)ulnz David A. Baric, Esquire C? " f ) 'r{ __ { -, i C-. _ 1 f, ?] C?1 "?. Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 ilc@strokoffandcowden.com 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant NOTICE TO PLEAD TO: Carlisle Sytec, Inc. c/o David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 You are hereby notified that you are required to file a responsive pleading to the New Matter set forth herein within twenty (20) days after service. STROKOFF & COWDEN, P.C. By: Jame L. Cowden, ID#20082 J ifer A. Nachamkin, ID #200931 DATE: 2 7 '300& 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PC Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF CUMMUN VLBA5 CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant PLAINTIFF'S ANSWER TO NEW MATTER AND COUNTERCLAIM, AND PLAINTIFF'S NEW MATTER AND NOW, comes Plaintiff, Joseph A. Cesario, by and through his attorneys Strokoff & Cowden, P.C. and hereby files the following Answer to New Matter and Counterclaim and Plaintiff's New Matter, and avers as follows: 10. Denied. The allegation contained in paragraph 1 is a conclusion of law to which no responsive pleading is required under the Pennsylvania Rule of Civil Procedure and the same is therefore denied. 11. Denied. To the contrary, Plaintiff was never provided a copy of "Exhibit B", and had no knowledge of the content or existence of "Exhibit B" while employed by Defendant. 1 Therefore, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth or authenticity of "Exhibit B." 12. Denied. Plaintiff had no knowledge of the content of "Exhibit B" 13. Denied. Plaintiff denies that such term existed as a requirement for eligibility for a bonus. 14. Denied. To the extent that the allegations contained in paragraph 14 constitute a conclusion of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. If a response is required, Plaintiff denies the allegation and states the Act does apply to his claim. 15. Denied. To the extent that the allegations contained in paragraph 15 constitute a conclusion of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. If a response is required, Plaintiff denies the allegation and states the Act does apply to his claim. 16. Admitted in part, denied in part. It is admitted that a contract existed between Plaintiff and Defendant, and the contract speaks for itself. 17. Denied. At no time did Plaintiff make any such offer. 2 18. Denied. Plaintiff never breached. his employment contract with Defendant. 19. Denied. Plaintiff never breached his employment contract with Defendant. 20. Denied. Plaintiff never breached his employment contract with Defendant. 21. Denied. The allegations contained in paragraph 21 are conclusions of law to which no responsive pleading is required and are therefore denied. 22. Denied. The allegations contained in paragraph 22 are conclusions of law to which no responsive pleading is required and are therefore denied. The claim was brought within the applicable statute of limitations. 23. Denied. The allegations contained in paragraph 23 are conclusions of law to which no responsive pleading is required and are therefore denied. In addition, Plaintiff denies that any prejudice has resulted to Defendant, and that this claim was brought within the applicable statute of limitations. 24. Denied. To the contrary, Defendant unjustly and unlawfully refused to pay Plaintiff the bonus that he is legally entitled to. 3 25. Denied. To the contrary, Plaintiff is lawfully entitled to a bonus under the Wage Payment and Collections Law. Plaintiff further denies that Defendant had any privilege to refuse to pay Plaintiff the bonus to which he is legally entitled. WHEREFORE, Plaintiff requests that judgment be entered in its favor and against Defendant and Plaintiff be awarded costs and expenses and any such other relief as the court may deem appropriate and just. ANSWER TO COUNTERCLAIM COUNT I - DEFAMATION 27. Plaintiff's responses to paragraphs 10 through 26 are incorporated herein as if stated in their entirety. 28. Denied. Plaintiff made no such offer. 29. Denied. To the contrary, Plaintiff made no such offer and no such representation about Defendant's practices. 30. Denied. To the extent the averment in paragraph 30 constitutes a conclusion of law, no response is required. Plaintiff denies acting in violation of law. 31. Denied. To the contrary, Plaintiff did not make the statement alleged. 4 32. Denied. Plaintiff made no such statements and has no knowledge of what "the recipient understood." 33. Denied. To the extent the averment contained in paragraph 33 constitute a conclusion of law, no responsive pleading is required. Plaintiff denies making any such statement. 34. Denied. To the contrary, Plaintiff denies having made any statement negating the need for any such privilege as is alleged in paragraph 34. WHEREFORE, Plaintiff requests that judgment be entered in its favor and against Defendant together with costs and expenses and any such other relief as the court may deem appropriate and just. NEW MATTER ASSERTING AFFIRMATIVE DEFENSE OF STATUTE OF LIMITATIONS 35. Defendant's Complaint seeks damages from Plaintiff, alleging that Plaintiff made unlawful communications of business misconduct constituting slander per se. 36. The applicable Pennsylvania Statute of Limitation, 42 Pa. Cons. Stat. Ann. §5523, requires suit on such 5 a cause of action be commenced within one year of the date on which the cause of action accrued. 37. Defendant's cause of action accrued no later than November 15, 2004, when Plaintiff was discharged, and Defendant's claim was not brought until January 10, 2006, which is beyond the applicable statutory period of limitation. 38. Defendant's action is accordingly barred by the applicable statute of limitation. WHEREFORE, Plaintiff respectfully requests that the Defendant's counterclaim on the cause of defamation be dismissed with prejudice and that judgment be entered in its favor and against Defendant together with the costs and expenses associated with defending this frivolous action, and any such other relief as the court may deem appropriate and just. STROKOFF & COWDEN, P.C. By: a es L. Cowden I. No. 20082 Jennifer A. Nachamkin I.D. No. 200931 DATE: 1 )-60(v 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 6 Strokoff 6 Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty L.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 1 2 rrokoffandcowden com 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT ur CG CUMBERLAND COUNTY, NO. 2005-04011 V. YLEAS CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant I, JOSEPH A. CESARIO, certify that the statements made in the foregoing document is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §9909 relating to unsworn falsification to authorities. DATE: a??b T'd 7 0£T££b2LTL 9085££2LTL?01. ORUSRD 30f:W0ad dL0:b0 9002-L2-Wtdf Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. 4200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing document by U.S. First Class mail upon the following: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Defendant, Carlisle Syntec, Inc. Date: 7 1?j6 G - J L. Cowden 8 ?- c» T W ' _.?C7 h' CZ) JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED REPLY TO NEW MATTER 35. Denied. To the contrary, the Counterclaim of Defendant speaks for itself. 36. To the extent these averments constitute conclusions of law, no response is required. To the extent a response may be required, the time at which a cause of action accrues under the referenced statute is an issue of fact as is whether the actor concealed facts relating to the cause of action. 37. Denied. To the contrary, the issue of when a cause of action accrued is an issue of fact which is determined by when the cause of action accrued, when the cause of action became known and whether the actor concealed facts relating to the cause of action. 38. Denied. To the contrary, Defendant's cause of action is not barred by the statute of limitations. WHEREFORE, Defendant requests that judgment be entered in its favor and against Plaintiff in accordance with the prayer for relief set forth in Defendant's Counterclaim. Respectfully submitted, O'BNEN, BARIC & SCHERE& David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Carlisle SynTec Incorporated dab.dir/litigation/carl.syn/cesa rio/newmatter. rep 02'07!2006 15:39 7172495755 OSS PAGE 04 VERIFICATION The statements in the foregoing Reply To New Matter are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extend that they are based upon information which. I have given my counsel, they are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. DATE: Z 17 OG Cw ^ e Joseph Carbine CERTIFICATE OF SERVICE I hereby certify that on February 8, 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Reply To New Matter, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: James L. Cowden, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 David A. Baric, Esquire `{l.l S ,jam 4 ??. `. JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED MOTION FOR LEAVE TO FILE AMENDED COUNTERCLAIM PURSUANT TO Pa.R.C.P. 1033 AND NOW, comes Defendant, Carlisle SvnTec Incorporated ("Carlisle"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within motion for Leave to File Amended Counterclaim and, in support thereof, sets forth the following: t • Plaintiff filed his complaint in this matter on December 22, 2005. 2. Defendant filed its Answer, New Matter and Counterclaim on January 10, 2006. 3. No formal discovery has been undertaken by either party since the filing of the complaint. 4. Defendant seeks to amend its Counterclaim to include additional causes of action against Plaintiff. 5. Pa.R.C.P. 1033 permits a party to amend its pleading to include new causes of action or defenses with leave of court. WHEREFORE, Carlisle requests that it be granted leave to file an amended counterclaim in this matter. Respectfully submitted, O'B EN, BARI SCHEq?' David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant, Carlisle SynTec Incorporated CERTIFICATE OF SERVICE I hereby certify that on February 28, 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Motion For Leave To File Amended Counterclaim Pursuant To Pa.R.C.P. 1033 by first class U.S. mail, Postage prepaid, to the parties listed below, as follows: James L. Cowden, Esquire Timothy E. Gilsbach, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 David A. Baric, Esquire ?: J RECEIVED MAR 0 6 2L JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED RULE TO SHOW CAUSE AND NOW, this S` day of Mo+ h 2006, upon consideration of the Motion For Leave To File Amended Counterclaim Pursuant To Pa.R..C.P. 1033, a Rule is issued upon Plaintiff to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable 2o days from service. BY THE COURT, V ? VI ,,: ,_ JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CARLISLE SYNTEC INCORPORATED, Defendant NO. 2005-4011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED MOTION TO MAKE RULE ABSOLUTE NOW, comes David A. Baric, Esquire, Attorney for Defendant, Carlisle SynTec Incorporated, and files the within Motion to Make Rule Absolute and, in support thereof, set forth the following: On March 3, 2006, David A. Baric, Esquire filed a Motion For Leave to File Amended Counterclaim Pursuant To Pa.R.C.P. 1033 in the above matter. A true and correct copy of the Motion is attached hereto as Exhibit "A" and is incorporated. 2. The Honorable Kevin A. Hess, issued a rule to show cause why the Motion should not be granted dated March 8, 2006. The rule was returnable twenty (20) days from service. The Prothonotary mailed a copy of the Rule to Plaintiff on March 8, 2006 hereto as Exhibit "B" and is incorporated. A true and correct copy of the rule is attached To the date hereof, no response has been filed by the Plaintiff to the rule to show cause. WHEREFORE, David A. Baric, Esquire requests that the Rule be made absolute and this Court grant him leave to file an amended counterclaim in this matter. Respectfully submitted, 5; ARK /,SC7HE David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant, Carlisle Syrifec Incorporated i I JOSEPH CESARIO, Plaintiff V. CARLISLE SYNTEC INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED RULE TO SHOW CAUSE AND NOW, this day of , 2006, upon consideration of the Motion For Leave To File Amended Counterclaim Pursuant To Pa.R.C.P. 1033, a Rule is issued upon Plaintiff to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable days from service. BY THE COURT, J. EXHIBIT "A" JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED MOTION FOR LEAVE TO FILE AMENDED COUNTERCLAIM PURSUANT TO Pa.R.C.P. 1033 AND NOW, comes Defendant, Carlisle SynTec Incorporated ("Carlisle"), by and f -ifough ua its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion for Leave to File Amended Counterclaim and, in support thereof, sets forth the following: 1. Plaintiff filed his complaint in this matter on December 22, 2005. 2. Defendant filed its Answer, New Matter and Counterclaim on January 10, 2006. 3. No formal discovery has been undertaken by either party since the filing of the complaint. 4. Defendant seeks to amend its Counterclaim to include additional causes of action against Plaintiff. 5. Pa.R.C.P. 1033 permits a party to amend its pleading to include new causes of action or defenses with leave of court. l 1 WHEREFORE, Carlisle requests that it be granted leave to file an amended counterclaim in this matter. Respectfully submitted, O'BRIEN, BARI SCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant, Carlisle SynTec Incorporated I I dab.dir/litigation/carl.syn/cesario/leaveto6leamendedcounterclaim.mot i li !I CERTIFICATE OF SERVICE I hereby certify that on February 28, 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Motion For Leave To Fite Amended Counterclaim Pursuant To Pa.R.C.P. 1033 by first class U.S. mail, postage prepaid, to the parties listed below, as follows: James L. Cowden, Esquire Timothy E. Gilsbach, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 . l/ David A. Baric, Esquire RECEIVED MAR 0 6 :C' JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED RULE TO SHOW CAUSE AND NOW, this J` day of Mo. r h , 2006, upon consideration of the Motion For Leave To File Amended Counterclaim Pursuant To Pa.R.C.P. 1033, a Rule is issued upon Plaintiff to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable 2o days from service. VI EXHIBIT "B" BY THE COURT, JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED CERTIFICATE OF SERVICE I hereby certify that on April 3, 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Motion To Make Rule Absolute, by first class U. S. mail, postage prepaid, to the parties listed below, as follows: James L. Cowden, Esquire Timothy E. Gilsbach, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 David A. Baric, Esquire ? ?'l I -!l .. ? _...? T_ _., 1-1'1 :_ L,? -. ' , } + ., r. y i! c? RECEIVED APR 4' JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED ORDER AND NOW, this S` day of April, 2006, upon consideration of the Motion to Make Rule Absolute, the Defendant is granted leave to file an amended counterclaim in this matter. BY THE COURT, J. „o oa i I`::? .'<S.: eA? ?, i, JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED NOTICE TO PLEAD TO: Joseph Cesario c/o James L. Cowden, Esquire Timothy E. Gilsbach, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Amended Answer, New Matter and Counterclaim or a Default Judgment may be entered against you. David A. Baric, Esquire Date: y" / d (Q I.D. 944853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 O'BRIEN, BARIC & SCHERE JOSEPH CESARIO, Plaintiff V. CARLISLE SYNTEC INCORPORATED, Defendant PV THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED AMENDED ANSWER, NEW MATTER AND COUNTERCLAIM NOW, comes Defendant, Carlisle SynTec Incorporated ("Carlisle"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Amended Answer, New Matter and Counterclaim and, in support thereof, sets forth the following: Admitted. 2. Admitted. 3. Denied. To the contrary, Carlisle is a manufacturer and marketer of construction materials including, but not limited to, roofing products. 4. Admitted. 5. Denied. To the contrary, there was no employment agreement between the parties. Plaintiff was an employee at will. Moreover, any bonus was discretionary to be determined solely by Carlisle. Plaintiff never met criteria established by Carlisle to become entitled to any bonus. It is denied that the documents attached as Exhibit "A" set forth the terms and conditions of Plaintiffs employment. To the contrary, these documents set forth only some of the terms and conditions of Plaintiff s employment. 6. Denied. To the contrary, successful sales by Plaintiff were only a portion of the criteria established by Carlisle for bonus purposes. Moreover, Plaintiff never met the bonus criteria and the payment of any bonus was discretionary to be determined solely by Carlisle. Denied. To the contrary, sales in excess of $1.1 million dollars was not a criteria for determining any bonus for Plaintiff. Moreover, Plaintiff failed to meet any sales goals for determining a bonus. Admitted in part and denied in part. It is admitted only that Carlisle did not pay a bonus to the Plaintiff while he was employed by Carlisle. The remaining averments are denied. 9. To the extent these averments constitute conclusions of law, no response is required. To the extent a response may be required, the averments are denied. To the contrary, Plaintiff was never entitled to a bonus, any bonus was discretionary and any bonus was not within the Wage Payment and Collection Law. Plaintiff is not entitled to any recovery of bonuses or liquidated damages, reasonable attorney fees or interest. WHEREFORE, Defendant requests that judgment be entered in its favor and against Plaintiff and Defendant be awarded its costs and expenses. NEW MATTER 10. Plaintiff's complaint fails to state a cause of action upon which relief may be granted. 11. Attached hereto as Exhibit "B" and incorporated by reference is a document provided to Plaintiff prior to his becoming employed by Carlisle which discusses any bonus which may be available to Plaintiff during his employment with Carlisle. 12. Pursuant to Exhibit "B", any bonus was discretionary at the sole election of Carlisle and could be modified or terminated at any time. 13. An employee had to be employed by Carlisle at the time a bonus was to be distributed to be eligible for a bonus. 14. The Wage Payment and Collection Act does not apply to bonuses which arc tied to the overall productivity of a business. 15. The Wage Payment and Collection Act does not apply to the compensation claimed to be due by the Plaintiff. 16. Carlisle denies that a contract existed between the parties regarding a bonus, however, in the event a contract is found to exist, Carlisle asserts that every contract is subject to an implied obligation of good faith and fair dealing. 17. During the course of his employment with Carlisle, Plaintiff did inappropriately and illegally offer to pay a large sum of money to the employee of a customer in order to induce that employee to approve the purchase of Carlisle roofing products. 18. The offering of the money as referenced in paragraph 17, which is incorporated herein by reference, was a breach of the implied obligation of good faith and fair dealing in a contract if a contract is said to have existed between Carlisle and Plaintiff, which is denied. 19. Plaintiff is estopped from asserting a claim for a bonus by his own acts and deeds including, but not limited to, offering the money as referenced in paragraph 17, which is incorporated herein by reference, to obtain sales of Carlisle products with the resultant effect of attempting to reach his sales goals through illegal and unethical means. 20. Plaintiff does not have clean hands and he should be precluded from recovering any sum from Carlisle. 21. Plaintiffs claims are precluded by the statute of frauds. 22. Plaintiff's claims are precluded by applicable statutes of limitation. 23. Plaintiff s claims are precluded by ]aches. 24. Carlisle was justified in refusing to pay a bonus to Plaintiff because Plaintiff was never entitled to a bonus. 25. Carlisle exercised its privilege in refusing to pay a bonus to Plaintiff because Plaintiff was not entitled to a bonus. WHEREFORE, Defendant requests that judgment be entered in its favor and against Plaintiff together with costs and expenses. COUNTERCLAIM COUNT I-DEFAMATION 26. Carlisle incorporates by reference paragraphs one through twenty-five of its Answer and New Matter as though set forth at length. 27. During the course of his employment with Carlisle, Plaintiff did inappropriately and illegally offer to pay a large sum of money to the employee of a customer in order to induce that employee to approve the purchase of Carlisle roofing products. In particular, Plaintiff did inform Annette Ullom, and employee of Advanced Auto Parts, that Plaintiff would arrange for Ullom to receive tens of thousands of dollars if she agreed to see that Carlisle roofing products were purchased for Advanced Auto Parts building projects. 28. At the time Plaintiff made this illegal and inappropriate offer, Plaintiff was and did communicate to the third party recipient, directly or by necessary implication, that the stated offer was a business practice of Carlisle. 24. Such a business practice would constitute business misconduct as being violative of criminal statutes of this Commonwealth. 30. Plaintiff did publish this statement to the third party recipient. 31. The recipient understood this offer to apply to the business of Carlisle and its business practices. 32, A statement which constitutes and communicates business misconduct is slander per se. 33. The Plaintiff was not privileged in making such a statement. WHEREFORE, Carlisle requests that judgment be entered in its favor and against Joseph Cesario for a sum in excess of $35,000.00 plus costs and expenses. COUNT II-BREACH OF COMMON LAW AND FIDUCIARY DUTIES 34. Carlisle incorporates by reference paragraphs one through thirty-three as though set forth at length. 35. While employed by Carlisle, Plaintiff owed Carlisle obligations of loyalty, diligence, fidelity and honesty. 36. In making an illegal offer to pay Annette Ullom to approve the purchase of Carlisle roofing products Plaintiff breached his common law and fiduciary duties to Carlisle. 37. The Plaintiff s acts were intended to reach by illegitimate means the sales targets as set forth in Exhibit "B" 38. The actions of Plaintiff were willful, intentional and unprivileged and have caused or will cause monetary injury to Carlisle. 39. As a direct and proximate result of the conduct of Plaintiff, Carlisle has suffered injury and losses including, but not limited to, diminution in the value of its business and injury to its goodwill. WHEREFORE, Carlisle requests judgment be entered in its favor and against Joseph Cesario for a sum in excess of $35,000.00 plus costs and expenses. Respectfully submitted, O'BRIEN, BARIC & SCHERE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant da b.d i r/litigation/ca rl.syn/cesa rio/amendedanswer.pld VERIFICATION The statements in the foregoing Amended Answer, New Matter and Counterclaim are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extend that they are based upon information which I have given my counsel, they are true and correct to the best of my knowledge, information and belief..[ understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. h DATE: *L- 0 Mr. Joseph A. Cesario 8712 Parkside Drive Sagamore Hills, OH 44067 Dear Mr. Cesario: This is to confirm our offer to you for the position of National Account Manager at our Carlisle, PA campus. Your salary for the remainder of 2003 will be at a salary of $3,541.67 per semi-monthly pay period (equivalent to approximately $85,000 on an annualized basis). The 2004 annualized salary will be $75,000. Carlisle SynTec Incorporated offers a comprehensive benefits program details of which are enclosed. Your effective start date will be July 28, 2003. You will be eligible to earn a bonus in 2003 (paid in the first quarter of 2004) of up to 40%. In 2004 you will be eligible to receive up to a 60% bonus. This offer includes full relocation assistance (description enclosed) which includes home sale assistance; home purchase closing costs (excluding points); moving of household goods; two (2) house hunting trips to the Carlisle, PA area; and $1000 out of pocket expenses (license and registration changes, hook ups, etc.). Employment-at-will applies to your employment with Carlisle SynTec Incorporated. Employment is not ' for any stated period and may be discontinued by either the employee or the company with or without cause or notice. This offer is contingent upon your successful completion of Carlisle SynTec Incorporated's post offer screening for illegal drugs and your satisfactory completion of all other facets of Carlisle SynTec Incorporated's pre-employment screening process. Please sign, date, and return one copy of this letter and one copy of the enclosed Non:disclosure agreement. Retain the other copies for your records. Thank you for your interest in employment with Carlisle SynTec Incorporated. If you have any questions regarding our offer, please contact me. Victoria R. Hil H R Specialist cc: J. Carbine, N. Shears, M. O'Handly, File 40 YEARSn Carlisle TTee Incorporated 47 2002 Carlisle SrTw Inwrpomted P.O. Boa 7pD0• Carlisle. PA 17013 Pdnted'in an U.SA Phone to, heel: 1-0064-SVMEC F= 717-245-7285 EXHIBIT "A" www.ad 11M, tw.mm - Carlisle SynTec Incorporated This letter, in duplicate, will serve as an agreement between you and this Company covering-some important terms of your employment. The word "Company" wherever used herein shall be deemed to include any company or corporation which is affiliated with Carlisle SynTec Incorporated. You realize that, in the course of your employment, the Company will necessarily reveal to you, or you may develop, confidential information which, if known to its competitors, would be likely to injure the Company in its business. In consideration of your employment by the Company, and the payment of compensation during such employment, it is understood and agreed as follows: 1. That you will hold to strict confidence and not reveal to any person, firm, or corporation, or use for your own benefits any secret or confidential information obtained during the course of your employment with the Company, including but not limited to, information relating to sales, sales volume or strategy, past or present customers, number or location of salesmen, cost data and other financial information, contracts and other agreements of a legal nature, manufacturing methods, processes, techniques, machines, formula, products, improvements, inventions, or research belonging to or relating to the affairs of the Company, without first obtaining the written permission of the president of the Company. 2. That upon leaving the employ of the Company, you will not take with you any written drawings, photographs, or other recorded or reproduced materials belonging to or relating to the affairs of the Company. Prior to leaving the Company and notwithstanding the circumstances surrounding your departure, you will deliver to the Company all notes, notebooks, and other data and materials in your possession or under your control belonging to or relating to the affairs of the Company. 3. That you will promptly and fully disclose, in writing to the head of the department in which you are employed or to whomever else may be designated by the Company, any and all inventions, conceived, discovered or made by you (whether alone or jointly with others) while in the employ of the Company, if the invention directly or indirectly relates to or is capable of being used in connection with (a) the business of the Company, or (b) products, processes, or machines being developed for future use of the Company. ROOFING AMERICA FOR OVER 40 YEARS,M . "WITe 44Tee leeeryoroted ® 2002 Carlisle SyaTec Incorporated P.O. Box 7000• Carliale. PA 17013 Printed in the U.SA Phone(toll Gee): 1-800-4SYNTEC Pax: 717-245-7285 w .Mnisle-ryn[ec.mrn Carlisle SynTec Incorporated P • ? 4. You will assign your entire interest in any inventions which are required to be disclosed pursuant to Paragraph 3 of this letter; and you will assist the Company and its attorneys in handling patent application or any other matters connected with the transfer of the invention of the Company and the protection of the Company's proprietary interest therein. 5. During your employment with the Company, you will not engage in any other employment or activities that conflict with or impair your obligations of confidentiality or loyalty as an employee of the Company. 6. You. understand that this Agreement does not bind you to continue in the employ of the Company and does not bind the Company to continue your employment. 7. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and shall be binding upon you, your heirs, legal representatives, and assigns. In the event of your violation, or threatened violation, of any of the terms hereof; the Company shall be entitled to enforce this Agreement by way of injunction in addition to any other legal remedies it may be entitled to. In the event that any provision of this Agreement is declared unenforceable or void, the remainder of this Agreement shall continue in full force and effect. 8. This Agreement shall be executed in two counterparts, one of which shall be retained by the Company and the other by the Employee. Incorporated Accepted: 2003 SAL&M R, RONUS PLAN C = JOE CESSARIO / NATION_Ar & LOAM MANAGER / REROOFING STARTING SALARY: JULY, 2003- DECEMBER 31, 2003 ?? -'?--0 - $85,000. / CHECKS ISSUED TWICE A MONTH Benefits: To be reviewed by Carlisle's Personnel Manager Relocate to Carlisle, PA 2004 SALARY: JANUARY 1, 2004 TO DECEMBER 31, 20(4 $75,000 Govtg a DOMESTICAN ROOFING SAI.ES 2003 2004 2004 Square Feet GROSS SALES TARGET ('$267,788,000) 20/9 3% Achieve plan= % <90% of plan =0% Prorated between 90% and plan SQ FT TARGET (328,000,000) 2% 3%. Achieve plan= % <90% of plan =01/o Prorated between 90% and plan ULTRA MEMBRANES: (1,100,000 square feet) (2003) 12% 22% 2,000,000 Achieve plan= % <9M,'o of plan =01/o Prorated between 90% and plan PRE-[IU ?[ 1IEA[BRANES (1,400,000 square feet) (2003) 12% 20°.b 21950,000 Achieve pl:ui = % <90°0 of plan =01.'o Prorated between 90°'o and plan MANAGEMENT ESPON IBI JTI .S; 7% 7% Management & utilization of Carlisle Representatives and Distributors Use and implementation of Roof Sentry with Key Accounts Use and implementation of the National Account Technical Services Reporting/recommendations/initiative Budgetary control h[onthly Project spreadsheet ACCOUNT MANAGEMENT & DEVELOPMENT: 5% 5% Demonstrate results in maintaining existing accounts Development of new accounts with a long-term strategy EPD'v1 reroofing sales development/East of Mississippi EXHIBIT "B" 2003 2004 MAXIMUM BONUS POTENTIAL = 40°/ 1)rC 12 o, o" The plan shall be administered by the Director of National Accounts (Administrator). The administrator shall have the authority to interpret the plan and to make or rescind such rules and procedures, as he deems necessary for proper administration of the plan. Any determination with respect to the plan shall be final and binding on all. The purpose of the National Accounts Manager incentive bonus plan is to increase sales and profits of the domestic reroofing segment of the company by establishing quantifiable goals for the sales manager that correspond with the operating plan goals of the company. The achievement of sPeted goals would result in added compensation for the National Account Manager providing strong incentive to take the management actions necessary to meet or exceed plan objectives. Incentive bonus payments will be induded in the year in which paid for the purposes of determining compensation under benefit plans in which compensation is a factor. Bonuses will be considered taxable income m the puticinant in the year paid and will he subject to withholding for required income and other applicable taxes. Salary as of 12/31/03 will be used as the basis of bonus calculations. Base salary will always be the determining factor for life insurance. Salary continuance and long-term disability will be detemtined by base salary. Total compensation will be the determining factor for pension and 401(k) participation. PLAN TERMINATION OR AMENDMENT The plan may be amended, suspended or terminated at the discretion of the company at any time. Individuals transferred or terminating employment prior to the end of the plan year are not entitled to any compensation under this plan. Employee must be employed by Carlisle at the time of bonus distribution to be eligible for bonus. EFFECTIVE DATE This plan is effective for calendar year 2003. Incentives earned under this plan will be paid in early 2004. CERTIFICATE OF SERVICE I hereby certify that on April 11 , 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of an Amended Answer, New Matter and Counterclaim, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: James L. Cowden, Esquire Timothy E. Gilsbach, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 David A. Baric, Esquire ,, _, ;_ "> _; Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S AMENDED COUNTERCLAIM AND NOW, comes Plaintiff, Joseph A. Cesario, by and through his attorneys Strokoff & Cowden, P.C. and hereby files the following Answer to Defendant's Amended Counterclaim, and avers as follows: ANSWER TO NEW MATTER 10. Denied. The allegation contained in paragraph 1 is a conclusion of law to which no responsive pleading is required under the Pennsylvania Rule of Civil Procedure and the same is therefore denied. 1 11. Denied. To the contrary, Plaintiff was never provided a copy of "Exhibit B", and had no knowledge of the content or existence of "Exhibit B" while employed by Defendant. Therefore, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth or authenticity of "Exhibit B." 12. Denied. Plaintiff had no knowledge of the content of "Exhibit B" 13. Denied. Plaintiff denies that such term existed as a requirement for eligibility for a bonus. 14. Denied. To the extent that the allegations contained in paragraph 14 constitute a conclusion of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. If a response is required, Plaintiff denies the allegation and states the Act does apply to his claim. 15. Denied. To the extent that the allegations contained in paragraph 15 constitute a conclusion of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. If a response is required, Plaintiff denies the allegation and states the Act does apply to his claim. 16. Admitted in part, denied in part. It is admitted that a contract existed between Plaintiff and Defendant, and the contract speaks for itself. 2 17. Denied. At no time did Plaintiff make any such offer. 18. Denied. Plaintiff never breached his employment contract with Defendant. 19. Denied. Plaintiff never breached his employment contract with Defendant. 20. Denied. Plaintiff never breached his employment contract with Defendant. 21. Denied. The allegations contained in paragraph 21 are conclusions of law to which no responsive pleading is required and are therefore denied. 22. Denied. The allegations contained in paragraph 22 are conclusions of law to which no responsive pleading is required and are therefore denied. The claim was brought within the applicable statute of limitations. 23. Denied. The allegations contained in paragraph 23 are conclusions of law to which no responsive pleading is required and are therefore denied. In addition, Plaintiff denies that any prejudice has resulted to Defendant, and that this claim was brought within the applicable statute of limitations. 3 24. Denied. To the contrary, Defendant unjustly and unlawfully refused to pay Plaintiff the bonus that he is legally entitled to. 25. Denied. To the contrary, Plaintiff is lawfully entitled to a bonus under the Wage Payment and Collections Law. Plaintiff further denies that Defendant had any privilege to refuse to pay Plaintiff the bonus to which he is legally entitled. ANSWER TO COUNTERCLAIM COUNT I - DEFAMATION 26. Plaintiff's responses to paragraphs 1 through 25 are incorporated herein as if stated in their entirety. 27. Denied. Plaintiff made no such offer. 28. Denied. To the contrary, Plaintiff made no such offer and no such representation about Defendant's practices. 29. Denied. To the extent the averment in paragraph 29 constitutes a conclusion of law, no response is required. Plaintiff denies acting in violation of law. 30. Denied. To the contrary, Plaintiff did not make the statement alleged. 31. Denied. Plaintiff made no such statements and has no knowledge of what "the recipient understood." 4 32. Denied. To the extent the averment contained in paragraph 32 constitute a conclusion of law, no responsive pleading is required. Plaintiff denies making any such statement. 33. Denied. To the contrary, Plaintiff denies having made any statement negating the need for any such privilege as is alleged in paragraph 33. ANSWER TO COUNTERCLAIM COUNT II - BREACH OF COMMON LAW AND FIDUCIARY DUTIES 34. Plaintiff's responses to paragraphs 1 through 33 are incorporated herein as if stated in their entirety. 35. Denied in part admitted in part. To the extent the averment in paragraph 30 constitutes a conclusion of law, no response is required. To the extent a response is necessary, Plaintiff admits that the terms of his employment contract state "you will not engage in any other employment or activities that conflict with or impair your obligations of confidentiality or loyalty as an employee of the Company." (Exhibit A). 36. Denied. To the extent the averment in paragraph 36 constitutes a conclusion of law, no response is required. To the extent a response is necessary; Plaintiff denies making any such offer. 5 37. The allegations contained in paragraph 37 are conclusions of law to which no responsive pleading is required and are therefore denied. To the extent a response is necessary, Plaintiff denies that any of his actions were or were intended to be "illegitimate." Further, Plaintiff was never provided a copy of "Exhibit B", and had no knowledge of the existence of "Exhibit B" while employed by Defendant, and does not understand the content of Exhibit B. 38. The allegations contained in paragraph 38 are conclusions of law to which no responsive pleading is required and are therefore denied. To the extent a response is necessary, Plaintiff denies that any of his actions were willful, intentional and unprivileged, and has no knowledge of any monetary injury Defendant has suffered or will suffer. 39. The allegations contained in paragraph 39 are conclusions of law to which no responsive pleading is required and are therefore denied. To the extent that a response is necessary, Plaintiff denies that any of his actions are a direct or proximate cause of any injury or loss to Defendant. Moreover, Plaintiff has no knowledge of any injury Defendant has suffered including but not limited to "diminution in the value of its business and injury to its goodwill." 6 WHEREFORE, Plaintiff prays for judgment in his favor and against Defendant, and that Plaintiff be awarded costs, expenses and attorneys, fees, and for any such other relief as the court may deem appropriate and just. STROKOFF & COWDEN, P.C. i By J es L. Cowden I.t). No. 20082 Jennifer A. Nachamkin I.D. No. 200931 DATE: S- 4- a t 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 7 MAY-4-2006 10:34A FROM:JOE CESARIO 7172433130 nflT-U4-4UU6 IU;eO HM ?IKURUPP S UUWUtN, FU 6trakatt i Cowden, ?,C, Jamea L. Cowden, Atty. 3.0. 020082 Jennifer A. 8aehamkin, Atty I.D. 0200931 132 state street. PO Hex 11903 Harrisburg, PA vilo8-1902 (719) 233.5353 11a0BtrokoEfandcowden. com 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff TO:17172335BO6 P.2 r)fediNM r,iui)u COMY, YMMYLVANTA NO. 2005-04011 v. CARLISL9 BYNTEC, INC. PO Box 1000 Carlisle, PA 17013-7000, Defendant VBRIFICATION I, JOSEPH A. CESARIO, certify that the statements made in the foregoing document is true and correct to the beat of my knowledge. information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. 54904 relating to unsworn falsification to authorities. DATE: 9 Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 ilc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLNAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing document by U.S. First Class mail upon the following: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Defendant, Carlisle Syntec, Inc. Date: 6lO- J ni r A. N chamkin 10 i m z n JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED MOTION TO COMPEL NOW, comes Defendant, Carlisle SynTec Incorporated, by and through its attorney, O'BRIEN, BARIC & SCHERER, and files within Motion to Compel and, in support thereof, sets forth the following: 1. On or about April 26, 2006, Defendant served Interrogatories upon counsel for Joseph Cesario. A true and correct copy of the Interrogatories is attached hereto as Exhibit "A" and is incorporated. 2. On or about April 26, 2006, Defendant served a Request for Production of Documents upon counsel for Joseph Cesario. A true and correct copy of the Request for Production of Documents is attached hereto as Exhibit "B" and is incorporated. 3. By correspondence dated June 14, 2006, counsel for Defendant reminded attorney for Joseph Cesario that responses were past due. A true and correct copy of this correspondence is attached as Exhibit "C." 4. To date, Defendant has received no response to the Interrogatories or the Request for Production of Documents. WHEREFORE, Defendant requests that Joseph Cesario be ordered and directed to answer the Interrogatories and produce the Documents requested upon Defendants within thirty (30) days of said order. Respectfully submitted, O'BRIEN, BARIC & SCHERER /41,Lz ' David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Carlisle SynTec Incorporated dab. d it/litigation/carl.syn/cesa rio/com pel.mot JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED FIRST SET OF INTERROGATORIES OF DEFENDANT PROPOUNDED UPON PLAINTIFF, JOSEPH CESARIO PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure 4009. 1, to file the original and serve upon the undersigned a copy of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories. If between the time of filing your Answers and the time of trial of this matter, you, or anyone acting on your behalf, learn of any further information not contained in your Answers, or if you learn that any information set forth in your Answers is or has become inaccurate or incorrect, you shall promptly file and serve supplemental answers. EXHIBIT "A" A. The term "document" as used herein shall mean the original and any copy, marked up copy, revision, amendment, modification, non-identical copy and/or draft, or any written, printed, typed, drawn or other graphic matter of any kind or nature, however, produced or reproduced, whether or not sent or received, including without limitation; memoranda, reports, computations, estimates, communications, financial reports or statements, notes, transcripts, letters, correspondence, intea or inter office communications, envelopes, telegrams, cables, telephone messages, messages, emails, electronic transmissions, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, minutes, notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers, summaries, journals, statistical records, calendars, appointment books, diaries, plans, drawings, blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices, checks, receipts, payroll records, summaries or records of meetings or conferences, minutes or tape recordings of meetings or conferences, summaries or reports of investigations, opinions or reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts, articles, magazines, newspapers, booklets, circulares, bulletins, press releases, notices, instructions, manuals, photographs, schedules, network diagrams, bar-charts, line-charts, motion picture film, microfilms, photographs, tapes or other recordings, punch charts, computer programs, magnetic tapes, discs, data cells, drums, printout and other data computations from which information can be obtained, and marginal comments appearing on any documents, and all other writings in the possession, custody or control of Plaintiff or their agents, officers, employees or attorneys. B. "Plaintiff' means Joseph Cesario. C. "Person" or "Persons" shall mean any natural individual or corporation, firm, partnership, proprietorship, association, joint venture, governmental entity or any other business or government organization. D. "Meeting" shall mean any assembly, convocation, encounter or coincidence of two or more persons for any purpose, whether or not planned, arranged or scheduled in advance. E. "Communication" shall mean any utterance made, human speech heard, overheard, or intended to be heard by any person, whether in person, by telephone, by means of sounding recording, or otherwise. F. "Identify" means: (a) When used in reference to a document, describe with sufficient particularity to form the basis for a Request for Production under Pa. R.C.P. 4009, including but not limited to the date it was prepared or created, the identity of its author or originator, the type of document (e.g„ letter, telegram, chart, photograph, sound recordings, etc.), the identity of its addressee, its present location and the identity of its present custodian(s). If such document was, but is no longer, in your possession or subject to your control, state what disposition was made of it; (b) When used in reference to a natural person or business entity, "identify" means to state his or her or its full name, present or last known home address, present or last known business address, present or last known home telephone number, present or last known position or affiliation. G. "Accident," "incident" or "occurrence" mean the transaction or occurrence or series of transactions or occurrences giving rise to the matters for which Plaintiff is seeking damages as indicated in the Complaint. H. "You" means Joseph Cesario, or any representative, agent, servant, officer, or employee thereof. I. "Carlisle SynTec Incorporated" means the Defendant in this matter. INSTRUCTIONS If you object to the production of any documents on the grounds that the attomey-client, attorney work product or any other privilege is applicable thereto, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in the preparation of the documents; (d) Identify each person who received it; (e) Identify each person from whom the documents were received; (f) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or copy thereof; and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. INTERROGATORIES 1. Please identify any and all terms of the "employment agreement" as referenced at paragraph 5 of your complaint. ANSWER: 2. Please identify any and all written documents which relate, refer to or reflect the terms of your "employment agreement" as referenced at paragraph 5 of your complaint. ANSWER: 3. Please describe how each bonus was tied to "successful sales" as referenced at paragraph 6 of your complaint. ANSWER: 4. What was the "successful sales" amount you were required to reach for your 2003 bonus? ANSWER: 5. What was the "successful sales" amount you were required to reach for your 2004 bonus? ANSWER: 6. Identify any and all documents in your possession, custody or control which reflect, refer to or relate to the sales you reported in excess of $1.1 million as referenced at paragraph 7 of your complaint. ANSWER: 7. Identify any documents you intend to introduce at the trial of this matter. ANSWER: 8. Please identify the customers who purchased Carlisle products which purchases were included in your "sales in excess of $1.1 million" as referenced at paragraph 7 of your complaint. ANSWER: 9. Please describe the substance of any conversations you had with Joseph Carbine prior to your being hired by Carlisle. ANSWER: 10. Did Joseph Carbine ever discuss with you the bonuses which would be available to you while employed at Carlisle. ANSWER: 11. If the answer to interrogatory # 10 is in the affirmative, please describe the substance of any such conversations. ANSWER: 12. Did you discuss bonuses which would be available for you at Carlisle with any other Carlisle employee. ANSWER: 13. If the answer to interrogatory #12 is in the affirmative, please identify each Carlisle employee with whom you discussed bonuses which would be available to you. ANSWER: 14. If the answer to interrogatory #12 is in the affirmative, please identify the substance of each conversation. ANSWER: Respectfully submitted, O'BRIEN, BARIC & SCHERER r David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on April &, 2006, I, Andrea M. Barrick, Secretary of O'Brien, Banc & Scherer, did serve a copy of the First Set of Interrogatories of Defendant Propounded upon Plaintiff, Joseph Cesario and a copy of the Request of Production of Documents of Defendants Propounded Upon Plaintiffs, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: James L. Cowden, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 4 IA /I A g A -M Andrea M. Barrick JOSEPH CESARIO, Plaintiff v CARLISLE SYNTEC INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 20054011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS PROPOUNDED UPON PLAINTIFFS Pursuant to Pa.R.C.P. No. 4009, as amended, the Defendants, Carlisle SynTec Incorporated and their attorneys, O'Brien, Baric and Scherer, request you to produce copies of the following documents, at its expense within thirty (30) days of service of this request. INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received; (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or copy thereof; and EXHIBIT "B" (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing) regardless of whether you, your former or present. counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody or control. DOCUMENTS REQUESTED 1. Any documents identified in response to the interrogatories served upon you. 2. Any documents you intend to introduce at the trial of this matter. 3. Reports of any experts you intend to call at the trial of this matter. 4. Any and all writings which reflect, refer or relate to communications between you and Carlisle SynTec Incorporated. Respectfully submitted, O'B N, BARIC & HERER David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant C Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien (717) 249-6873 David A. Baric Fax: (717) 249-5755 Michael A. Scherer Email: dbaric'a obslaw. com June 14, 2006 VIA FACSIMILE: (717) 233-5806 Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 RE: Cesario v. Carlisle SynTec. Inc. Dear Ms. Nachamkin: Your correspondence of May 23, 2006 indicated I would have the discovery responses after the first of June, 2006. To the date of this correspondence I have received no responses. Absent receipt of the responses by Friday, June 16, 2006, I will file a motion to compel responses to the discovery requests. Very truly yours, DAB/jl cc: Jehn?CIifton, Esq. VIA FACSIMILE File dab.d ir/litigation/ca rl.syn/cesa rio/nachamkin.ltr O'BRIEN, BARIC & SCH R 06 u , • ? ro- David A. Baric, Esquire (717) 245-7133 EXHIBIT "C" CERTIFICATE OF SERVICE I hereby certify that on June ?, 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion To Compel, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: James L. Cowden, Esquire Timothy E. Gilsbach, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 David A. Baric, Esquire JUN 1006 JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED RULE TO SHOW CAUSE AND NOW, this Z :?'J day of 4,W. 2006, upon consideration of the Motion To Compel, a rule is issued upon Plaintiff to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable zo days from service. o\9 BY THE COURT, ?? :IN1 JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED MOTION TO COMPEL NOW, comes Defendant, Carlisle SynTec Incorporated, by and through its attorney, O'BRIEN, BARIC & SCHERER, and files within Motion to Compel and, in support thereof, sets forth the following: On or about April 26, 2006, Defendant served Interrogatories upon counsel for Joseph Cesario. A true and correct copy of the Interrogatories is attached hereto as Exhibit "A" and is incorporated. On or about April 26, 2006, Defendant served a Request for Production of Documents upon counsel for Joseph Cesario. A true and correct copy of the Request for Production of Documents is attached hereto as Exhibit "B" and is incorporated. By correspondence dated June 14, 2006, counsel for Defendant reminded attorney for Joseph Cesario that responses were past due. A true and correct copy of this correspondence is attached as Exhibit "C." 4. To date, Defendant has received no response to the Interrogatories or the Request for Production of Documents. WHEREFORE, Defendant requests that Joseph Cesario be ordered and directed to answer the Interrogatories and produce the Documents requested upon Defendants within thirty (30) days of said order. Respectfully submitted, O'BRIEN, BARIC & SCHERER GAT' c!' David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Carlisle SynTec Incorporated da b.dir/litigation/cart.syn/cesa rio/compel. mot JOSEPH CESARIO, Plaintiff V. CARLISLE SYNTEC INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED FIRST SET OF INTERROGATORIES OF DEFENDANT PROPOUNDED UPON PLAINTIFF. JOSEPH CESARIO PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure 4009.1, to file the original and serve upon the undersigned a copy of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories. If between the time of filing your Answers and the time of trial of this matter, you, or anyone acting on your behalf, learn of any further information not contained in your Answers, or if you learn that any information set forth in your Answers is or has become inaccurate or incorrect, you shall promptly file and serve supplemental answers. EXHIBIT "A" DEFINITIONS A. The term "document" as used herein shall mean the original and any copy, marked up copy, revision, amendment, modification, non-identical copy and/or draft, or any written, printed, typed, drawn or other graphic matter of any kind or nature, however, produced or reproduced, whether or not sent or received, including without limitation; memoranda, reports, computations, estimates, communications, financial reports or statements, notes, transcripts, letters, correspondence, intra or inter office communications, envelopes, telegrams, cables, telephone messages, messages, emails, electronic transmissions, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, minutes, notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers, summaries, journals, statistical records, calendars, appointment books, diaries, plans, drawings, blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices, checks, receipts, payroll records, summaries or records of meetings or conferences, minutes or tape recordings of meetings or conferences, summaries or reports of investigations, opinions or reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts, articles, magazines, newspapers, booklets, circulares, bulletins, press releases, notices, instructions, manuals, photographs, schedules, network diagrams, bar-charts, line-charts, motion picture film, microfilms, photographs, tapes or other recordings, punch charts, computer programs, magnetic tapes, discs, data cells, drums, printout and other data computations from which information can be obtained, and marginal comments appearing on any documents, and all other writings in the possession, custody or control of Plaintiff or their agents, officers, employees or attorneys. B. "Plaintiff" means Joseph Cesario. C. "Person" or "Persons" shall mean any natural individual or corporation, fine, partnership, proprietorship, association, joint venture, governmental entity or any other business or government organization. D. "Meeting" shall mean any assembly, convocation, encounter or coincidence of two or more persons for any purpose, whether or not planned, arranged or scheduled in advance. E. "Communication" shall mean any utterance made, human speech heard, overheard, or intended to be heard by any person, whether in person, by telephone, by means of sounding recording, or otherwise. F. "Identify" means: (a) When used in reference to a document, describe with sufficient particularity to form the basis for a Request for Production under Pa. R.C.P. 4009, including but not limited to the date it was prepared or created, the identity of its author or originator, the type of document e(__g., letter, telegram, chart, photograph, sound recordings, etc.), the identity of its addressee, its present location and the identity of its present custodian(s). If such document was, but is no longer, in your possession or subject to your control, state what disposition was made of it; (b) When used in reference to a natural person or business entity, "identify' means to state his or her or its full name, present or last known home address, present or last known business address, present or last known home telephone number, present or last known position or affiliation. G. "Accident," "incident' 'or "occurrence" mean the transaction or occurrence or series of transactions or occurrences giving rise to the matters for which Plaintiff is seeking damages as indicated in the Complaint. H. "You"means Joseph Cesario, or any representative, agent, servant, officer, or employee thereof. 1. "Carlisle SynTec Incorporated" means the Defendant in this matter. INSTRUCTIONS If you object to the production of any documents on the grounds that the attorney-client, attorney work product or any other privilege is applicable thereto, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in the preparation of the documents; (d) Identify each person who received it; (e) Identify each person from whom the documents were received; (f) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or copy thereof, and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. Please identify any and all terms of the "employment agreement" as referenced at paragraph 5 of your complaint. ANSWER: 2. Please identify any and all written documents which relate, refer to or reflect the terms of your "employment agreement" as referenced at paragraph 5 of your complaint. ANSWER: 3. Please describe how each bonus was tied to "successful sales" as referenced at paragraph 6 of your complaint. ANSWER: 4. What was the "successful sales" amount you were required to reach for your 2003 bonus? ANSWER: 5. What was the "successful sales" amount you were required to reach for your 2004 bonus? ANSWER: 6. Identify any and all documents in your possession, custody or control which reflect, refer to or relate to the sales you reported in excess of $1.1 million as referenced at paragraph 7 of your complaint. ANSWER: 7. Identify any documents you intend to introduce at the trial of this matter. ANSWER: 8. Please identify the customers who purchased Carlisle products which purchases were included in your "sales in excess of $1.1 million" as referenced at paragraph 7 of your complaint. ANSWER: 9. Please describe the substance of any conversations you had with Joseph Carbine prior to your being hired by Carlisle. ANSWER: 10. Did Joseph Carbine ever discuss with you the bonuses which would be available to you while employed at Carlisle. ANSWER: 11. If the answer to interrogatory # 10 is in the affirmative, please describe the substance of any such conversations. ANSWER: 12. Did you discuss bonuses which would be available for you at Carlisle with any other Carlisle employee. ANSWER: 13. If the answer to interrogatory #12 is in the affirmative, please identify each Carlisle employee with whom you discussed bonuses which would be available to you. ANSWER: 14. If the answer to interrogatory #12 is in the affirmative, please identify the substance of each conversation. ANSWER: Respectfully submitted, O'BRIEN, BARIC & SCHERER /I David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on April 4 , 2006, I, Andrea M. Barrick, Secretary of O'Brien, Baric & Scherer, did serve a copy of the First Set of Interrogatories of Defendant Propounded upon Plaintiff, Joseph Cesario and a copy of the Request of Production of Documents of Defendants Propounded Upon Plaintiffs, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: James L. Cowden, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 L?41?? l l !. ???ZiiVLU:KJ Andrea M. Barrick JOSEPH CESARIO, Plaintiff CARLISLE SYNTEC INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 20054011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS PROPOUNDED UPON PLAINTIFFS Pursuant to Pa.R.C.P. No. 4009, as amended, the Defendants, Carlisle SynTec Incorporated and their attorneys, OBrien, Baric and Scherer, request you to produce copies of the following documents, at its expense within thirty (30) days of service of this request. INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received; (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or copy thereof; and EXHIBIT "B" (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing) regardless of whether you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody or control. DOCUMENTS REQUESTED 1. Any documents identified in response to the interrogatories served upon you. 2. Any documents you intend to introduce at the trial of this matter. Reports of any experts you intend to call at the trial of this matter. 4. Any and all writings which reflect, refer or relate to communications between you and Carlisle SynTec Incorporated. Respectfully submitted, O'B ,BARK & HERER David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant Law Vices O'BRIEN, BARIC A SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien (717) 149-6873 David A. Baric Fax: (717) 149-5755 Michael A. Scherer Email: dbaricfobslaw. cony June 14, 2006 VIA FACSIMILE: (717) 233-5806 Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 RE: Cesario v. Carlisle SvnTec. Inc. Dear Ms. Nachamkin: Your correspondence of May 23, 2006 indicated I would have the discovery responses after the first of June, 2006. To the date of this correspondence I have received no responses. Absent receipt of the responses by Friday, June 16, 2006, I will file a motion to compel responses to the discovery requests. Very truly yours, O'BRIEN, ,BARK & SCH R ? 1 David A. Baric, Esquire DAB/jl cc: ?fton, Esq. VIA FACSIMILE: (717) 245-7133 File da b.dir/litigation/carl.syn/cesa rio/n acham kin.ltr EXHIBIT "C" CERTIFICATE OF SERVICE I hereby certify that on June c?10 , 2006, 1, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion To Compel, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: James L. Cowden, Esquire Timothy E. Gilsbach, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 6"? znl David A. Baric, Esquire r-a (? i_1 tI '_? CJ ( _? -? l.V :-{ ?` CATHY J. MYERS, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-4705 CIVIL TERM ROBERT A. MYERS, IN DIVORCE Defendant/Respondent . PACSES CASE NO: 706108383 ORDER OF COURT AND NOW, this 26th day of June, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Tuesday. July 25, 2006 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed on June 26, 2006 to: Petitioner BY THE COURT, Edgar B. Bayley, President Judge Respondent Marylou Matas, Esq. Hannah Herman-Snyder, Esq. 4Date of Order: June 26, 2006 4J.adday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 r'J a ?^C'1 Cam. ?7 Z i JOSEPH CESARIO, Plaintiff V. CARLISLE SYNTEC INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED MOTION TO WITHDRAW Defendant, Carlisle SynTec Incorporated ("Carlisle"), by and through its attorneys, O'Brien, Baric & Scherer, hereby moves to withdraw the Motion To Compel and in support of this motion shows the following: Carlisle filed a Motion To Compel on June 20, 2006 to compel Plaintiff to answer the discovery requests served upon him on or about April 26, 2006. 2. The Honorable Kevin A. Hess of Court of Common Pleas of Cumberland County issued Rule To Show Cause on June 23, 2006 which was returnable twenty days after service. 3. On July 6, 2006, undersigned counsel received responses to his discovery requests from Plaintiff. WHEREFORE, Carlisle requests that the Motion To Compel be withdrawn. Respectfully submitted, 'BRIEN, BARIC & SCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/carl.syn/cesario/withd rawcompel.mot CERTIFICATE OF SERVICE I hereby certify that on July /9 , 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion To Withdraw, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 David A. Baric, Esquire f-... ....?.) c ._, _, T1 i } -? :? •'?.. 4 J,IL I JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OP` Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED ORDER OF COURT AND NOW, this f8' day of 7 n? , 2006, upon consideration of the Motion To Withdraw filed by Carlisle SynTec Incorporated said Motion To Compel previously filed is withdrawn. BY THE COURT, J. n? q-OV i ,, ? ?,? ;? ?',,l„ Ai, 3.i ,.. If,-? Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty. I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant PLAINTIFF'S MOTION TO COMPEL Plaintiff, Joseph Cesario, by and through undersigned counsel, hereby makes application to this Honorable Court to issue an Order dismissing Defendant, Carlisle Syntec, Inc.'s objections and directing Defendant to answer the interrogatories, and to produce the requested documents. In support thereof, Plaintiff avers as follows: 1. The action was instituted by Complaint filed on December 22, 2005. Defendant filed its Answer, New Matter and Counterclaim on January 10, 2006. Plaintiff filed its Answer to Defendant's New Matter on January 30, 2006. On April 19, 2006, Defendant filed an Amended Answer, New Matter and Counterclaim. 1 16 Plaintiff filed his Answer to the Amended New Matter and Counterclaim on May 8, 2006. 2. On June 23, 2006, Plaintiff served Defendant's counsel with Plaintiff's Second Request for Production of Documents ("Request for Documents")'. Plaintiff's Second Set of Interrogatories Directed to Defendant ("Interrogatories") was served upon Defendant contemporaneous with the Request for Documents. A copy of the Plaintiff's Request for Documents and a copy Plaintiff's Interrogatories along with Plaintiff's transmittal letter of June 22, 2006, are attached as Exhibit "A 3. Pursuant to Pa.R.C.P. No. 4009.12(a), Defendant's responses to Plaintiff's Request for Documents and Interrogatories were due on or before July 22, 2006. 4. Ninety-five (95) days after serving the requests, by letter dated September 26, 2006, Plaintiff notified counsel for the Defendant that its responses were overdue. The letter of September 26, 2006, is attached as Exhibit "B." 5. On October 5, 2006, Defendant produced responses 1 Plaintiff's first set of Requests for the Production of Documents and the first set of Interrogatories were served upon the Defendant on August 5, 2005, prior to the commencement of the action for the purposes of preparing the complaint. 2 to the Plaintiff's Interrogatories and Request for Documents. Both responses are materially deficient. Defendant's answer to the Interrogatories is enclosed herein as Exhibit "C." Defendant's responses to Plaintiff's Request for Documents is enclosed herein as Exhibit "D." 6. Paragraph 1 of Plaintiff's Request for Documents states, "Produce any and all documents identified or referenced in response to Plaintiff's Second Set of Interrogatories." 7. In response to paragraph 8 of the Interrogatories, Defendant stated inter alia, "[...] please see the sales chart previously produced with the Performance Appraisal produced contemporaneously herewith." (emphasis added) 8. In response to Plaintiff's Request for Documents, Defendant failed to produce the document it referred to in its answer to paragraph 8 of Plaintiff's Interrogatories as "the Performance Appraisal." 9. In response to paragraph 13 of Plaintiff's Interrogatories, Defendant refers to a document entitled the Salaried Employee Benefits Sheet. 10. In response to Plaintiff's Request for Documents, Defendant failed to produce the document it referred to in its 3 answer to paragraph 13 of Plaintiff's Interrogatories as "the Salaried Employees Benefits Sheet." 11. By letter dated January 22, 2007, Plaintiff notified Defendant's counsel that the aforementioned documents were not received. The documents had still not been received by April 10, 2007. The letter of January 22, 2007 is attached herein as Exhibit "E." 12. Plaintiff believes and therefore avers that Defendant will not produce the aforementioned documents absent a court order pursuant to Pennsylvania Rule of Civil Procedure 4019. WHEREFORE, Plaintiff requests that the Court direct Defendant to produce the "Performance Appraisal" and "the Salaried Employees Benefits Sheet" within 10 days or suffer appropriate sanctions upon further application to this Court. Respectfully submitted, STROKOFF & COWDEN, P.C. By: , A j j -L. (E 4, SAAAk??- ? In es . C wden, Atty. ID #20082 nifer A. Nachamkin, Atty. ID #200931 Date: 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 4 STROKOFF & COWDEN, P.C. ATTORNEYS AT LAW TELEPHONE 132 STATE STREET FAX (717) 233-5353 P. O. BOX 11903 (717) 233-5806 HARRISBURG, PENNSYLVANIA 17108-1903 www.strokoffandcowden.com June 22, 2006 David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 RE: Joseph A. Cesario v. Carlisle Syntec, Inc. No. 2005-04011 Dear Mr. Baric: Enclosed please find Plaintiff's Second Request for Production of Documents and Second Set of Interrogatories directed to Defendant, Carlisle Syntec, Inc. Very truly yours, I - 0 . am - J n ife A. Nachamkin JAN/le Enclosure CC: Joseph Cesario (w/enc.) EXHIBIT C I C Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 v. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff, Joseph Cesario, pursuant to Pa.R.C.P. No. 4009.1 et. seq., by and through counsel, Strokoff & Cowden, P.C., serves upon Defendant, Carlisle Syntec, Inc. the following Request for Production of Documents for purposes of preparing a Complaint in the above captioned matter. Defendant is directed to provide responses to the Request for Production of Documents within thirty (30) days of service thereof hereof, at the law offices of Strokoff & Cowden, P.C., 132 State Street, Harrisburg, Pennsylvania 17101. In lieu of production at that time and place, you may produce legible photocopies together with a reasonable bill for copying. 1 C I. DEFINITIONS AND INSTRUCTIONS r As used in this request, the following terms shall have the meanings indicated: 1. "Communication" means any contact, oral, written and/or electronic, formal or informal, at any time or place, under any circumstances, in any manner, whereby a statement of any nature is transmitted or transferred, and shall include, without limitation, any documents containing, constituting, reflecting, memorializing or referring to any such contact. 2. "Document." As used herein, the word "document" includes any original, reproduction, or copy of any kind of documentary material, including, without limitation, correspondence, memoranda, interoffice communications, notes, diaries, contracts, documents, drawings, plans, specifications, estimates, vouchers, permits, ordinances, minutes of meetings, invoices, billings, checks, receipts, applications, resumes, reports, studies, telegrams, notes of telephone or other conversations, and any material such as briefs, memoranda, applications, or pleadings, filed with any judicial, regulatory, or administrative body. The term further includes any graphic matter of any kind or character, however produced or reproduced; any electronically or magnetically recorded or stored matter of any kind or character, however produced or reproduced; and any other matter of any kind or character constituting the recording of any tangible thing, or storage in any retrievable way, by any means of communication, representation or data retention not in this subsection heretofore described. 3. "Person" means a natural person, partnership, association, corporation, or government agency. herein.. 4. "You" or "yours" refers to Defendant, as defined 5. "Relevant" means that the item(s) requested have probative value and are logically connected to the matter at issue. 2 II. INSTRUCTIONS 1. Identify each document produced for inspection pursuant to this request and organize and label the documents produced to correspond with the categories in this request. 2. Documents with respect to which privilege is claimed (including work product) shall be sufficiently described so that Defendant can bring the question of privilege before the Court. Documents shall be deemed to be adequately described for this purpose if the following information is provided: (1) the nature of the privilege claimed; (2) the identity and position of the person(s) supplying the information on which the privilege is based; (3) the location and approximate date the document was prepared, its title, the type of document (e.g. letter, memorandum, etc.), addressee and length in pages; (4) the name of each person (other than stenographic or clerical assistants) participating in the preparation of the document; (5) the name and position of each person, other than your attorneys, to whom the contents of the document have been communicated by copy, exhibition, reading, or substantial summarization; and (6) a brief description or summary of the contents of the document sufficient to explain the privilege involved. 3. If any portion of a document is claimed to be privileged, produce the non-privileged portion for inspection and copying and provide the information set forth immediately above as to the allegedly privileged portion. 3 r C C 4. If Defendant or any agent of Defendant, including his attorney, is aware of the existence of any document within the scope of these document requests which is not within the custody, possession or control of Defendant or one of his agents, please. identify any such document in a written response to the request for the production of the document. In identifying a document in this fashion, it is requested that the following information be provided: (1) the name, address and telephone number of the person who has possession, custody, or control over the document; (2) a brief summary of the nature of the information contained in the document; (3) the date of the document; and (4) the name of the person who prepared the document; 5. This request for production is a continuing one; if after producing documents, you obtain or become aware of other documents responsive to this request, you are requested to produce such additional documents. 6. Any request for any document shall be deemed to request production of the original and all non-identical copies, including copies which have been altered by addition of matter or notation not present on the original. 7. A request to produce documents includes not only all documents in Defendant's physical possession, but also all documents in the possession of his attorneys, his agents or his representatives. 4 III. DOCUMENTS REQUESTED 1. Produce any and all documents identified or referenced in response to Plaintiff's Second Set of Interrogatories. 3. Produce any and all documents used in preparing the answers to Plaintiff's Second Set of Interrogatories. 4. Any and all documents supporting the allegation as set forth in paragraph 11 of Defendant's Amended Answer, New Matter and Counterclaim that, "Exhibit B ... is a document provided to Plaintiff prior to his becoming employed by Carlisle..." 5 r 5. Provide each and every document that supports Defendant's claim for relief or for damages as specified in Defendant's Amended Answer, New Matter and Counterclaim paragraphs 38 and 39. 6. Produce all documents that you plan to use as exhibits at any hearing in this matter. STROKOFF & COWDEN, P.C. By. \W.,L a - 0,, IJ es IV, Cowd n A Is ID No. 20082 Jennifer A. Nachamkin Attorney ID No. 200931 Date: "a3"o(c 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 6 ?l Stroko£f & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INO. 2005-04011 v. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing document by U.S. First Class mail upon the following: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Defendant, Carlisle Syntec, Inc. r Date: (0',a3'00 Jen 5 fer . Nac amkin 7 Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 PLAINTIFF'S SECOND SET OF INTERROGATORIES DIRECTED TO DEFENDANT Pursuant to Pa.R.C.P. Nos. 4005 and 4006, Plaintiff, Joseph Cesario, by and through counsel, Strokoff & Cowden, P.C., requests Carlisle Syntec, Inc., the Defendant, to answer separately and fully in writing and under oath the Interrogatories set forth herein and serve the answers upon undersigned counsel within thirty (30) days of service thereof. These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information prior to trial pursuant to Pa.R.C.P. No. 4007.4. 1 I. DEFINITIONS Unless a contrary meaning appears in the text, the following definitions apply to these Interrogatories: 1. "Communication" means any contact, oral, written and/or electronic, formal or informal, at any time or place, under any circumstances, in any manner, whereby a statement of .any nature is transmitted or transferred, and shall include, without limitation, any documents containing, constituting, reflecting, memorializing or referring to any such contact. 2. "Describe in Detail": The phrase "describe in detail" shall require, in the case of an act, transaction, relationship, thing or occurrence: (a) A full description of such act, transaction, relationship, thing, or occurrence by reference to underlying facts rather than ultimate facts or conclusions of fact or law, including a complete reference to: (1) Date (s) (2) Place (s) (3) Person(s) involved; and (4) Manner or means employed; (b) Identification of your source(s) of information concerning such act, transaction, relationship, thing, or occurrence, including the date on which you received such information;. (c) Identification and general description of each document relating to, referring to, or evidencing such act, transaction, relationship, thing or occurrence; (d) Specification of each document so identified which you intend to offer in evidence, specifying the particular act(s), transaction(s), relationship(s), thing(s), or occurrence(s) in connection with which the offer is to be made; 2 (e) Specification of each person so identified whom you intend to call as a witness, indicating the particular act(s), transaction(s), thing(s), or occurrence(s) in connection with which each such person is expected to testify. 3. "Document": As used herein, the word "document" includes any original, reproduction, or copy of any kind of documentary material, including, without limitation, correspondence, memoranda, interoffice communications, notes, diaries, contracts, documents, drawings, plans, specifications, estimates, vouchers, permits, ordinances, minutes of meetings, invoices, billings, checks, receipts, applications, resumes, reports, studies, telegrams, notes of telephone or other conversations, and any material such as briefs, memoranda, applications, or pleadings, filed with any judicial, regulatory, or administrative body. The term further includes any graphic matter of any kind or character, however produced or reproduced; any electronically or magnetically recorded or stored matter of any kind or character, however produced or reproduced; and any other matter of any kind or character constituting the recording of any tangible thing, or storage in any retrievable way, by any means of communication, representation or data retention not in this subsection heretofore described. 4. "Identify" or "Identity" means when used in reference to: (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city, town and state or county); (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title and date; (b) its subject matter; (c) its author's identity; 3 . t (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number. 5. "Person" means a natural person, partnership, association, corporation, or government agency. 6. "You" or "yours" refers to Defendant, as defined herein. 7. "Relevant" means that the item(s) requested are logically connected to the matter at issue, and includes items that both prove and disprove the assertion set forth in the request. 4 II. INSTRUCTIONS The following instructions are applicable to these standard Interrogatories: 1. Duty to answer: the Interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers you must furnish such information as is available to you, your employees, representatives, agents and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. 2. Claim of privilege: with respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. 3. Option to produce documents: in lieu of identifying documents in response to these Interrogatories, you may provide copies of such documents with appropriate references to the corresponding Interrogatories. Identify each person who assisted or participated in preparing and/or supplying any of the information given in answer to or relied upon in preparing answers to these Interrogatories. Where knowledge or information in possession of the Plaintiffs is requested, such request includes knowledge of Plaintiff's agents, representatives, and, unless privileged, their attorneys. If you cannot answer the Interrogatories in full after exercising due diligence to secure the information, so state and answer to the extent possible, specifying your inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portions. Any document or other material required to be identified or produced in response to these Interrogatories which Plaintiff claims to be protected by the attorney-client or other privilege shall be listed and identified with an 5 appropriate explanation for the basis of the privilege being claimed, and all non-privileged portions of such documents shall be produced. 6 III. INTERROGATORIES 1. Identify all communications and documents that acknowledge Plaintiff's receipt of Defendant's Exhibit B. ANSWER: 2 Identify any and all documents and communications that define, summarize or otherwise particularize "the National Accounts Manager incentive bonus plan" referred to in Defendant's Exhibit B. ANSWER: 3. Identify the Director of National Accounts (the administrator of "the plan") by name, title and work address. ANSWER 7 4. State whether Plaintiff was solely responsible for attaining the "targets" under the heading "DOMESTICAN ROOFING SALES;" specifically, the following terms that appear on Defendant's Exhibit B: a. "GROSS SALES TARGET ($267,788,000)" b. "SQ FT TARGET (328,000,000)" C. "ULTRA MEMBRANES: (1,000,000 square feet)" d. "PREMIUM MEMBRANES: (1,400,000 square feet)" ANSWER 5. If the answer to the above question is "no," identify all.employees and/or work groups and/or divisions and/or sections of Defendant company, including Plaintiff, who contributed to the above listed terms in both 2003 and 2004. ANSWER 8 r_,. 6. Describe in detail Plaintiff's expected contribution to the above listed terms in 2003 and 2004. ANSWER 7. Define each and every listing appearing under the heading "MANAGEMENT RESPONSIBILITIES:" on Defendant's Exhibit B; specifically: a. "Management & utilization of Carlisle Representative and Distributors" b. "Use and implementation of Roof Sentry with Key Accounts" C. "Reporting/recommendations/initiative" d. "Budgetary control" ; e. "Monthly Project spreadsheet" ANSWER 9 8. Identify any and all documents and communications relevant to Plaintiff's performance of the above-listed responsibilities for both 2003 and 2004. ANAWRT? 9. Describe in detail each and every listing on Exhibit B appearing under the heading, "ACCOUNT MANAGEMENT & DEVELOPMENT:" on Defendant's Exhibit B; specifically: a. "Demonstrate results in maintaining existing accounts" b. "Development of new accounts with long-term strategy" C. "EPDM reproofing sales development/East of Mississippi" d. "PREMIUM MEMBRANES: (1,400,000 square feet)" ANSWER 10 10. Identify any and all documents and communications relevant to Plaintiff's performance of the above-listed responsibilities for both 2003 and 2004. ANSWER 11. Identify every employee by title and work address who, in both 2003 and 2004, was eligible for benefits under Defendant's "National Accounts Manager incentive bonus plan." ANSWER 12. Identify every employee by title and work address who, in both 2003 and 2004, received a bonus under Defendant's "National Accounts Manager incentive bonus plan." ANSWER 11 13. Paragraph 5 of Defendant's Amended Answer, New Matter and Counterclaim states, "It is denied that the documents attached as Exhibit 'A' set forth the terms and conditions of Plaintiff's employment. To the contrary, these documents set forth only some of the terms and conditions." Identify any and all documents and communications that set forth each and every term and condition of Plaintiff's employment. ANSWER 14. For all of the above-listed items, identify any and all documents and communications that acknowledge Plaintiff's receipt of each and every document one. ANSWER 12 r 15. Identify any and all documents and communications that support Defendant's averment in paragraph 7 of Defendant's Amended Answer, New Matter and Counterclaim which states, "Moreover, Plaintiff failed to meet any sales goals for determining a bonus." ANSWER 16. Identify any and all witnesses, documents and communications containing information relevant to the allegation as set forth in paragraphs 17, 27 and 36 of your Counterclaim which, in paragraph 27, states, In particular, Plaintiff did inform Annette Ullom, and [sic] employee of Advanced Auto Parts, that Plaintiff would arrange for Ullom to receive tens of thousands of dollars if she agreed to see that [Defendant] roofing products were purchased for Advanced Auto Parts building projects. ANSWER: 13 l 17. Identify any and all documents relevant to the averment in paragraph 35 of Defendant's amended complaint which states, "Plaintiff owed Carlisle obligations of loyalty, diligence, fidelity and honesty." ANSWER: 18. Paragraph 39 of Defendant's Amended Answer, New Matter and Counterclaim states, "[a]s a direct and proximate result of the conduct of Plaintiff, Carlisle has suffered injury and losses including, but not limited to, diminution in the value of its business and injury to its goodwill." a. Identify any and all documents, witnesses and communications supporting this averment. b. Describe in detail the nature of each and every injury and loss averred. C. Describe in detail the basis for your computations of every amount of the specific amount of damages and the basis your computation. ANSWER 14 f- C 19. Identify any and all witnesses and exhibits you intend to proffer at trial. ANSWER: 20. Identify all witnesses with any knowledge relating to your defense and counterclaims. ANSWER: 21: For each and every witness listed above, describe the substance of the testimony they would give if called to testify at a hearing in this matter. ANSWER: STROKOFF & COWDEN, P.C. By: a. J es V. Cowd n A orney ID No. 20082 Jennifer A. Nachamkin Attorney ID No. 200931 Date: 3?Q`p 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 15 Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 ilc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing document by U.S. First Class mail upon the following: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Defendant, Carlisle Syntec, Inc. Date. L4M-jF Jenn er Nacha in 16 t. STROKOFF & COWDEN, P.C. ATTORNEYS AT LAW TELEPHONE 132 STATE STREET (717) 233-5353 P. O. BOX 11903 HARRISBURG, PENNSYLVANIA 17108-1903 www. strokof fandcowden. com September 26, 2006 David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 RE: Joseph A. Cesario v. No. 2005-04011 DISCOVERY REQUESTS Carlisle Syntec, Inc. Dear Mr. Baric: FAX (717) 233-5806 Nearly one hundred days has passed since you received Plaintiff's second request for the production of documents and a second set of interrogatories dated June 22, 2006. You have not explained your utter failure to respond or comply. If you fail to respond to both of these discovery requests by Friday September 29, 2006, I will immediately file a motion with the court to compel your compliance. very truly yours, 0-?,tj-x- ` Je ifer A. Nachamkin JAN/le cc: Joseph Cesario EXHIBIT . 7,11 JOSEPH CESARIO, Plaintiff V. CARLISLE SYNTEC INCORPORATED, Defendant C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED DEFENDANT'S ANSWERS TO PLAINTIFF'S SECOND SET OF INTERROGATORIES DIRECTED TO DEFENDANT PRELIMINARY STATEMENT AND OBJECTIONS 1. Whenever the text of a response refers to the text of another response, such reference shall be deemed and is intended to incorporate the text of that response as if set forth in full. 2. Defendant, Carlisle SynTec Incorporated, objects to each Interrogatory which: (a) Could be construed to require Carlisle to produce voluminous quantities of documents on the grounds that such a request is unduly burdensome and harassing; (b) Could be construed to require it to provide information or documents protected by the attorney-client privilege or the doctrine of attorney work-product; or (c) is not reasonably calculated to lead to the discovery of admissible evidence. 3. Carlisle neither intends to waive its attorney-client privilege nor its protection of any attorney work product nor should any waiver be inferred from the fact that Carlisle has responded to these Interrogatories through counsel. Without waiving any of the foregoing, Carlisle responds as follows: IsIT Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff v. CARLISLE SYNTEC, INC. PO BOX 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 DEFENDANTS ANSWERS TO PLAINTIFF'S SECOND SET OF INTERROGATORIES DIRECTED TO DEFENDANT Pursuant to Pa.R.C.P. Nos. 4005 and 4006, Plaintiff, Joseph Cesario, by and through counsel, Strokoff & Cowden, P.C., requests Carlisle Syntec, Inc., the Defendant, to answer separately and fully in writing and under oath the Interrogatories set forth herein and serve the answers upon undersigned counsel within thirty (30) days of service thereof. These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information prior to trial pursuant to Pa.R.C.P. No. 4007.4. 1 I. DEFINITIONS Unless a contrary meaning appears in the text, the following definitions apply to these Interrogatories: 1. "Communication" means any contact, oral, written and/or electronic, formal or informal, at any time or place, under any circumstances, in any manner, whereby a statement of any nature is transmitted or transferred, and shall include, without limitation, any documents containing, constituting, reflecting, memorializing or referring to any such contact. 2. "Describe in Detail": The phrase "describe in detail" shall require, in the case of an act, transaction, relationship, thing or occurrence: (a) A full description of such act, transaction, relationship, thing, or occurrence by reference to underlying facts rather than ultimate facts or conclusions of fact or law, including a complete reference to: (1) Date (s) (2) Place (s) (3) Person(s) involved; and (4) Manner or means employed; (b) Identification of your source(s) of information concerning such act, transaction, relationship, thing, or occurrence, including the date on which you received such information; (c) Identification and general description of each document relating to, referring to, or evidencing such act, transaction, relationship, thing or occurrence; (d) Specification of each document so identified which you intend to offer in evidence, specifying the particular act(s), transaction(s), relationship(s), thing(s), or occurrence(s) in connection with which the offer is to be made; 2 (e) Specification of each person so identified whom you intend to call as a witness, indicating the particular act(s), transaction(s), thing(s), or occurrence(s) in connection with which each such person is expected to testify. 3. "Document": As used herein, the word "document" includes any original, reproduction, or copy of any kind of documentary material, including, without limitation, correspondence, memoranda, interoffice communications, notes, diaries, contracts, documents, drawings, plans, specifications, estimates, vouchers, permits, ordinances, minutes of meetings, invoices, billings, checks, receipts, applications, resumes, reports, studies, telegrams, notes of telephone or other conversations, and any material such as briefs, memoranda, applications, or pleadings, filed with any judicial, regulatory, or administrative body. The term further includes any graphic matter of any kind or character, however produced or reproduced; any electronically or magnetically recorded or stored matter of any kind or character, however produced or reproduced; and any other matter of any kind or character constituting the recording of any tangible thing, or storage in any retrievable way, by any means of communication, representation or data retention not in this subsection heretofore described. 4. "Identify" or "Identity" means when used in reference to: (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city, town and state or county); (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title and date; (b) its subject matter; (c) its author"s identity; 3 (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number. 5. "Person" means a natural person, partnership, association, corporation, or government agency. 6. "You" or "yours" refers to Defendant, as defined herein. 7. "Relevant" means that the item(s) requested are logically connected to the matter at issue, and includes items that both prove and disprove the assertion set forth in the request. 4 II. INSTRUCTIONS The following instructions are applicable to these standard Interrogatories: 1. Duty to answer: the Interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers you must furnish such information as is available to you, your employees, representatives, agents and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. 2. Claim of privilege: with respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. 3. Option to produce documents: in lieu of identifying documents in response to these Interrogatories, you may provide copies of such documents with appropriate references to the corresponding Interrogatories. Identify each person who assisted or participated in preparing and/or supplying any of the information given in answer to or relied upon in preparing answers to these Interrogatories. Where knowledge or information in possession of the Plaintiffs is requested, such request includes knowledge of Plaintiff's agents, representatives, and, unless privileged, their attorneys. If you cannot answer the Interrogatories in full after exercising due diligence to secure the information, so state and answer to the extent possible, specifying your inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portions. Any document or other material required to be identified or produced in response to these Interrogatories which Plaintiff claims to be protected by the attorney-client or other privilege shall be listed and identified with an 5 appropriate explanation for the basis of the privilege being claimed, and all non-privileged portions of such documents shall be produced. 6 III. INTERROGATORIES 1. Identify all communications and documents that acknowledge Plaintiff's receipt of Defendant's Exhibit B. ANSWER: Joseph Carbine discussed and reviewed Exhibit "B" with Plaintiff and gave a copy of Exhibit "B" to Plaintiff. 2 Identify any and all documents and communications that define, summarize or otherwise particularize "the National Accounts Manager incentive bonus plan" referred to in Defendant's Exhibit B. ANSWER: Exhibit "B" defines, summarizes and provides particulars of the bonus plan. Joseph Carbine discussed the particulars with the Plaintiff. Also see Exhibit "A." 3. Identify the Director of National Accounts (the administrator of "the plan") by name, title and work address. ANSWER Joseph Carbine Director of Strategic Accounts P.O. Box 7000 Carlisle, Pennsylvania 17013 7 4. State whether Plaintiff was solely responsible for attaining the "targets" under the heading "DOMESTICAN ROOFING SALES;" specifically, the following terms that appear on Defendant's Exhibit B: a. "GROSS SALES TARGET ($267,788,000)" b. "SQ FT TARGET (328,000,000)" C. "ULTRA MEMBRANES: (1,000,000 square feet)" d. "PREMIUM MEMBRANES: (1,400,000 square feet)" ANSWER a. No. b. No. c. Yes. d. Yes. 5. If the answer to the above question is "no," identify all employees and/or work groups and/or divisions and/or sections of Defendant company, including Plaintiff, who contributed to the above listed terms in both 2003 and 2004. ANSWER Objection. This interrogatory is vague, ambiguous, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, Carlisle answers that these targets were company wide and substantially all of the employees of the company would be involved in reaching these goals. 8 C 6. Describe in detail Plaintiff's expected contribution to the above listed terms in 2003 and 2004. ANSWER For 4(c) and 4(d), Plaintiff was to sell membrane meeting or exceeding these square foot amounts. 4(a) and 4(b) were company wide sales targets with no specific allocation to any one individual employee. 7. Define each and every listing appearing under the heading "MANAGEMENT RESPONSIBILITIES:" on Defendant's Exhibit B; specifically: a. "Management & utilization of Carlisle Representative and Distributors" b. "Use and implementation of Roof Sentry with Key Accounts" C. "Reporting/recommendations/initiative" d. "Budgetary control" e. "Monthly Project spreadsheet" ANSWER a. Proper and appropriate use of, interaction and communication with Carlisle's network of manufacturer's representatives and distributors in furtherance of the promotion and selling of Carlisle products. b. Enrolling substantial numbers of customers in the use of Carlisle's Roof SentryTM computer software. C. Reporting relates to communications with superiors as to all aspects of the responsibilities and actions of the Plaintiff in his work at Carlisle. Initiative is self-explanatory. d. Budgetary control relates to Plaintiff maintainig and keeping costs incurred by the company within budgets set for various departments within the company and assisting in the setting of budgets. e. the Monthly Project Spreadsheet was a monthly report of roofing projects pursued by the Plaintiff. 8. Identify any and all documents and communications relevant to Plaintiff's performance of the above-listed responsibilities for both 2003 and 2004. n*rcwV!u Objection. This interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, please see the sales chart previously produced with the Performance Appraisal produced contemporaneously herewith. 9. Describe in detail each and every listing on Exhibit B appearing under the heading, "ACCOUNT MANAGEMENT & DEVELOPMENT:" on Defendant's Exhibit B; specifically: a. "Demonstrate results in maintaining existing accounts" b. "Development of new accounts with long-term strategy" C. "EPDM reproofing sales development/East of Mississippi" d. "PREMIUM MEMBRANES: (1,400,000 square feet)" ANSWER a. Show an ability to keep existing customers of Carlisle. b. Show an ability to establish new customers for Carlisle and establish a strategy to keep those customers and expand their use of Carlisle products. C. Show an expansion in the sale of Carlisle products for.reroofing projects east of the Mississippi. d. Would include 60 mil EPDM, 60 mil TPO reinforced and 60 mil EPDM reinforced. 10 10. Identify any and all documents and communications relevant to Plaintiff's performance of the above-listed responsibilities for both 2003 and 2004. ANSWER Objection. This interrogatory is vague, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, please see the Sales chart previously produced. 11. Identify every employee by title and work address who, in both 2003 and 2004, was eligible for benefits under Defendant's "National Accounts Manager incentive bonus plan." ANSWER Joseph Cesario. 12. Identify every employee by title and work address who, in both 2003 and 2004, received a bonus under Defendant's "National Accounts Manager incentive bonus plan." ANSWER None. 11 13. Paragraph 5 of Defendant's Amended Answer, New Matter and Counterclaim states, "It is denied that the documents attached as Exhibit 'A' set forth the terms and conditions of Plaintiff's employment. To the contrary, these documents set forth only some of the terms and conditions." Identify any and all documents and communications that set forth each and every term and condition of Plaintiff's employment. ANSWER See Exhibit "B:" Also see the Salaried Employee Benefits Sheet. Further, Plaintiff was subject to common law obligations of an employee to his employer. 14. For all of the above-listed items, identify any and all documents and communications that acknowledge Plaintiff's receipt of each and every document one. ANSWER Communication between Plaintiff, Joseph Carbine and Vickie Hippensteel. 12 C. 15. Identify any and all documents and communications that support Defendant's averment in paragraph 7 of Defendant's Amended Answer, New Matter and Counterclaim which states, "Moreover, Plaintiff failed to meet any sales goals for determining a bonus." ANSWER Joseph Carbine and Plaintiff discussed that Plaintiff was not meeting his sales targets. 16. Identify any and all witnesses, documents and communications containing information relevant to the allegation as set forth in paragraphs 17, 27 and 36 of your Counterclaim which, in paragraph 27, states, In particular, Plaintiff did inform Annette Ullom, and [sic] employee of Advanced Auto Parts, that Plaintiff would arrange for Ullom to receive tens of thousands of dollars if she agreed to see that [Defendant] roofing products were purchased for Advanced Auto Parts building projects. ANSWER: Annette Ullom Rebecca Cutchall Joseph Carbine Joseph Cesario Timothy Aduddell 13 C- 17. Identify any and all documents relevant to the averment in paragraph 35 of Defendant's amended complaint which states, "Plaintiff owed Carlisle obligations of loyalty, diligence, fidelity and honesty." ANSWER: Please see case law of this Commonwealth. 18. Paragraph 39 of Defendant's Amended Answer, New Matter and Counterclaim states, "[a]s a direct and proximate result of the conduct of Plaintiff, Carlisle has suffered injury and losses including, but not limited to, diminution in the value of its business and injury to its goodwill." a. Identify any and all documents, witnesses and communications supporting this averment. b. Describe in detail the nature of each and every injury and loss averred. C. Describe in detail the basis for your computations of every amount of the specific amount of damages and the basis your computation. ANSWER Discovery is continuing and Carlisle will supplement this response in accordance with the Rules of Civil Precedure. 14 19. Identify any and all witnesses and exhibits you intend to proffer at trial. ANSWER: Carlisle has not yet determined the witnesses and exhibits to be used at trial. Such disclosures shall be made through the Pretrial Statement in accordance with local rules of court. 20. Identify all witnesses with any knowledge relating to your defense and counterclaims. ANSWER: Please see those individuals identified in response to interrogatory number 16. Additionally, Vickie Hippensteel and Timothy Crawford. Discovery is continuing. 21. For each and every witness listed above, describe the substance of the testimony they would give if called to testify at a hearing in this matter. ANSWER: Annette Ullom will testify that the Plaintiff offered her money and/or property if she would make certain that Carlisle brand roofing products were used on Advanced Auto Parts roofing projects. *CONTINUED ON NEXT STROKOFF & COWDEN, P.C. PAGE a C?t--?-- By: J es Cowd n A orney ID No. 20082 Jennifer A. Nachamkin Attorney ID No. 200931 Date: (oQ3-01a 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 15 CONTINUATION OF INTERROGATORY NO. 21 Rebecca Cutchall was informed by Annette Ullom that Plaintiff had offered Ms. Ullom a bribe. Joseph Carbine discussed the terms of employment with Plaintiff prior to his becoming employed, discussed Plaintiff's performance relative to the bonus and discussed the bribe Plaintiff offered to Ms. Ullom with Plaintiff. Timothy Aduddell was contacted by Plaintiff and was informed by Plaintiff of Plaintiff's actions and discussions with Annette Ullom. Vickie Hippensteel provided documents relating to the terms and conditions of Plaintiff's employment with Carlisle. The substance of testimony from Timothy Crawford is not known by Carlisle at present and discovery is continuing. Respectfully submitted, O'BRIEN, BARIC & SCHERER t David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 10/05/2006 08:55 FAX 717 245 7133 SYNTEC LEGAL OBSS VERMCATION BARIC,Dave U004 ( PA13E 1 The statements in the foregoing Defandatrfs Answers To Plaindra Second set of Interrogatories Directed To Defendaut are based upon information which has been assembled by my attom. ey in this litigation, The language of the statements is not my osvt, Z have read the statements; and to the extent that they are leased upon information which I have given to my counsel, they are true ad cormat to the best of my knowledge information and belief, I understand that false statements herein are made subject to the penalties of IS Pa.C.S. § 4904 relating to un.sworn falsifications to authorities. DATE., ?hvz' Joseph Carbine erector offal Accounts CERTIFICATE OF SERVICE I hereby certify that on October 5-, 2006, I, David A. Banc, Esquire of O'Brien, Baric & Scherer, did serve a copy of Defendant's Answers To Plaintiff's Second Set Of Interrogatories Directed To Defendant, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 r i r' David A. Baric, Esquire 4 JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED DEFENDANTS RESPONSES TO PLAINTIFFS SECOND REQUEST FOR PRODUCTION OF DOCUMENTS PRELIMINARY STATEMENT AND OBJECTIONS 1. Whenever the text of a response refers to the text of another response, such reference shall be deemed and is intended to incorporate the text of that response as if set forth in full. 2. Defendant objects to each Request For Production which: (a) Could be construed to require Defendant to produce voluminous quantities of documents on the grounds that such a request is unduly burdensome and harassing; (b) Could be construed to require it to provide information or documents protected by the attorney-client privilege or the doctrine of attorney work-product; or (c) is not reasonably calculated to lead to the discovery of admissible evidence. 3. Defendant neither intends to waive its attorney-client privilege nor its protection of any attorney work product nor should any waiver be inferred from the fact that Defendant has responded to these Document Requests through counsel. Without waiving any of the foregoing, Defendant responds as follows: 1. Please see Exhibit "B." EXHIBIT -i)-- 3.(sic) Please see Exhibits "A" and "B." 4. There are no such documents apart from Exhibit "B." 5. Discovery is continuing. Defendant will supplement its response in accordance with the rules of civil procedure. 6. No determination has yet been made as to documents to be used as exhibits at the trial of this matter. Respectfully submitted, N, BA & SCH R 4 David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/carl.syn/cesa rio/documentproduction2. res • r t? r Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlcOstrokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 v. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant DEFENDANTS RESPONSES TO PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff, Joseph Cesario, pursuant to Pa.R.C.P. No. 4009.1 et. seq., by and through counsel, Strokoff & Cowden, P.C., serves upon Defendant, Carlisle Syntec, Inc. the following Request for Production of Documents for purposes of preparing a Complaint in the above captioned matter. Defendant is directed to provide responses to the Request for Production of Documents within thirty (30) days of service thereof hereof, at the law offices of Strokoff & Cowden, P.C., 132 State Street, Harrisburg, Pennsylvania 17101. In lieu of production at that time and place, you may produce legible photocopies together with a reasonable bill for copying. 1 I. DEFINITIONS AND INSTRUCTIONS As used in this request, the following terms shall have the meanings indicated: 1. "Communication" means any contact, oral, written and/or electronic, formal or informal, at any time or place, under any circumstances, in any manner, whereby a statement of any nature is transmitted or transferred, and shall include, without limitation, any documents containing, constituting, reflecting, memorializing or referring to any such contact. 2. "Document." As used herein, the word "document" includes any original, reproduction, or copy of any kind of documentary material, including, without limitation, correspondence, memoranda, interoffice communications, notes, diaries, contracts, documents, drawings, plans, specifications, estimates, vouchers, permits, ordinances, minutes of meetings, invoices, billings, checks, receipts, applications, resumes, reports, studies, telegrams, notes of telephone or other conversations, and any material such as briefs, memoranda, applications, or pleadings, filed with any judicial, regulatory, or administrative body. The term further includes any graphic matter of any kind or character, however produced or reproduced; any electronically or magnetically recorded or stored matter of any kind or character, however produced or reproduced; and any other matter of any kind or character constituting the recording of any tangible thing, or storage in any retrievable way, by any means of communication, representation or data retention not in this subsection heretofore described. 3. "Person" means a natural person, partnership, association, corporation, or government agency. herein. 4. "You" or "yours" refers to Defendant, as defined 5. "Relevant" means that the item(s) requested have probative value and are logically connected to the matter at issue. 2 II. INSTRUCTIONS 1. Identify each document produced for inspection pursuant to this request and organize and label the documents produced to correspond with the categories in this request. 2. Documents with respect to which privilege is claimed (including work product) shall be sufficiently described so that Defendant can bring the question of privilege before the Court. Documents shall be deemed to be adequately described for this purpose if the following information is provided: (1) the nature of the privilege claimed; (2) the identity and position of the person(s) supplying the information on which the privilege is based; (3) the location and approximate date the document was prepared, its title, the type of document (e.g. letter, memorandum, etc.), addressee and length in pages; (4) the name of each person (other than stenographic or clerical assistants) participating in the preparation of the document; (5) the name and position of each person, other than your attorneys, to whom the contents of the document have been communicated by copy, exhibition, reading, or substantial summarization; and (6) a brief description or summary of the contents of the document sufficient to explain the privilege involved. 3. If any portion of a document is claimed to be privileged, produce the non-privileged portion for inspection and copying and provide the information set forth immediately above as to the allegedly privileged portion. 3 4. If Defendant or any agent of Defendant, including his attorney, is aware of the existence of any document within the scope of these document requests which is not within the custody, possession or control of Defendant or one of his agents, please identify any such document in a written response to the request for the production of the document. In identifying a document in this fashion, it is requested that the following information be provided: (1) the name, address and telephone number of the person who has possession, custody, or control over the document; (2) a brief summary of the nature of the information contained in the document; (3) the date of the document; and (4) the name of the person who prepared the document; 5. This request for production is a continuing one; if after producing documents, you obtain or become aware of other documents responsive to this request, you are requested to produce such additional documents. 6. Any request for any document shall be deemed to request production of the original and all non-identical copies, including copies which have been altered by addition of matter or notation not present on the original. 7. A request to produce documents includes not only all documents in Defendant's physical possession, but also all documents in the possession of his attorneys, his agents or his representatives. 4 III. DOCUMENTS REQUESTED 1. Produce any and all documents identified or referenced in response to Plaintiff's Second Set of Interrogatories. 3. Produce any and all documents used in preparing the answers to Plaintiff's Second Set of Interrogatories. 4. Any and all documents supporting the allegation as set forth in paragraph 11 of Defendant's Amended Answer, New Matter and Counterclaim that, "Exhibit B ... is a document provided to Plaintiff prior to his becoming employed by Carlisle..." 5 i a - ? t 5. Provide each and every document that supports Defendant's claim for relief or for damages as specified in Defendant's Amended Answer, New Matter and Counterclaim paragraphs 38 and 39. 6. Produce all documents that you plan to use as exhibits at any hearing in this matter. STROKOFF & COWDEN, P.C. By. IJ es Cowd n A Is ID No. 20082 Jennifer A. Nachamkin Attorney ID No. 200931 Date: 0?3'(3l0 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 6 CERTIFICATE OF SERVICE I hereby certify that on October 5, 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Defendants Responses To Plaintiff's Second Request For Production Of Documents, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jennifer Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 i I exeA David A. Baric, Esquire STROKOFF & COWDEN, P.C. ATTORNEYS AT LAW TELEPHONE 132 STATE STREET (717) 233-5353 P. O. BOX 11903 HARRISBURG, PENNSYLVANIA 17108-1903 www.strokoffandcowden.com January 22, 2007 David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 RE: Joseph A. Cesario v. Carlisle Syntec, Inc. No. 2005-04011 Discovery Dear Mr. Baric: FAX (717) 233-5806 I am still missing some of the documents that were to be included in your responses to Plaintiff's discovery requests. Specifically, I do not have the "Performance Appraisal produced contemporaneously herewith" referred to in paragraph 8 of Defendant's Answers to Plaintiff's Interrogatories. Similarly, In paragraph 13 of the same document, you refer to a document entitled "Salaried Employee Benefits Sheet." I am not aware of any document with that title. Is this something we have already exchanged? If not, please send it and the Performance Appraisal as soon as possible. Regarding any future deposition in Roanoke, Virginia, please coordinate a date and time with my administrative assistant. It may be easier to have Ms. Allom travel to Carlisle for a deposition, since your client will have to pay my expenses and fees pursuant to Pa.R.C.P. No. 4008 for such a distance. If you have any questions, please contact me. Very truly yours, Q ? Je ifer A. Nachamkin JAN/1e CC: Joseph Cesario EXHIBIT A Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty. I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of Plaintiff's Motion to Compel by U.S. First Class mail upon the following: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Defendant, Carlisle Syntec, Inc. Date: Je nif A. Na hamkin 1 -- --+ j ?'' -n -._ ,_ _ ? >?; .. -; ,?. 4 ...4 ?6-? Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty. I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff v. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S OBJECTIONS TO PLAINTIFF'S INTERROGATORIES Plaintiff, Joseph Cesario, by and through undersigned counsel, hereby makes application to this Honorable Court to issue an Order dismissing Defendant, Carlisle Syntec, Inc.'s objections and directing Defendant to answer interrogatories. In support thereof, Plaintiff avers as follows: 1. The action was instituted by Complaint filed on December 22, 2005. Defendant filed its Answer, New Matter and Counterclaim on January 10, 2006. Plaintiff filed its Answer to Defendant's New Matter on January 30, 2006. On April 19, 2006, Defendant filed an Amended Answer, New Matter and Counterclaim. Plaintiff filed his Answer to the Amended New Matter and Counterclaim on May 8, 2006. 2. On June 23, 2006, Plaintiff served Defendant's counsel with Plaintiff's Second Set of Interrogatories Directed to Defendant' ("Interrogatories"). A copy of the Plaintiff's Interrogatories along with Plaintiff's transmittal letter of June 22, 2006, are attached as Exhibit "A." 3. Pursuant to Pa.R.C.P. No. 4009.12(a), Defendant's responses to Plaintiff's Request for Documents and Interrogatories were due on or before July 22, 2006. 4. Ninety-five (95) days after serving the requests, by letter dated September 26, 2006, Plaintiff notified counsel for the Defendant that its responses were overdue. The letter of September 26, 2006 is attached as Exhibit "B." 5. On October 5, 2006, Defendant produced responses to the Plaintiff's Interrogatories and Request for Documents. Both responses are materially deficient. Defendant's answers to Plaintiff's Interrogatories is enclosed herein as Exhibit "C." 1 Plaintiff's first set of Requests for the Production of Documents and the first set of Interrogatories were served upon the Defendant on August 5, 2 6. In paragraph 8, of Plaintiff's Interrogatories, Plaintiff requests that the Defendant "[i]dentify any and all documents and communications relevant to Plaintiff's performance of the above-listed responsibilities for both 2003 and 2004." (referring to Plaintiff's Management Responsibilities set forth in paragraph 7) 7. In response to paragraph 8 of the Interrogatories, Defendant stated, "Objection. This interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, please see the sales chart previously produced with the Performance Appraisal produced contemporaneously herewith." 8. Defendant's objection to the Interrogatory in paragraph 8 is without basis under the Pennsylvania Rules of Civil Procedure. This case is about the Plaintiff's entitlement to a compensatory bonus. The Defendant claims that its evaluation of Plaintiff's performance of Management Responsibilities was, in part, determinative of Plaintiff's entitlement to the compensatory bonus. Therefore, the requested information is relevant and calculated to determine whether, and 2005, prior to the commencement of the action for the purposes of preparing the complaint. 3 to what degree, Defendant evaluated Plaintiff's performance of these Management Responsibilities. There is nothing overly broad about this request, and it is not unduly burdensome for a company of Defendant's size and sophistication to identify and produce the items Plaintiff requested. 9. Paragraph 10 of Plaintiff's Interrogatories states, "Identify any and all documents and communications relevant to Plaintiff's performance of the above-listed responsibilities for both 2003 and 2004." (referring to Plaintiff's Account Management & Development Responsibilities set forth in paragraph 9). 10. In response to paragraph 10, Defendant stated, "Objection. This interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, please see the sales chart previously produced." 11. Defendant's objection to the Interrogatory in paragraph 10 is without basis under the Pennsylvania Rules of Civil Procedure. This case is about the Plaintiff's entitlement to a compensatory bonus. The Defendant claims that its evaluation of Plaintiff's performance of Account Management & Development Responsibilities was, in part, determinative of Plaintiff's entitlement to the compensatory bonus. Therefore, 4 the requested information is relevant and calculated to determine whether, and to what degree, Defendant evaluated Plaintiff's performance of these Account Management & Development Responsibilities. There is nothing overly broad about this request, and it is not unduly burdensome for a company of Defendant's size and sophistication to identify and produce the items Plaintiff requested. 12. Paragraphs 8 and 10 of Plaintiff's Interrogatories are specific, not overly burdensome and relevant to the action. Therefore, Defendant should be directed to answer. WHEREFORE, Plaintiff requests that the Court dismiss Defendant's foregoing objections to the Interrogatories and direct that Defendant answer paragraphs 8 and 10 of Plaintiff's Interrogatories within 10 days or suffer appropriate sanctions upon further application to this Court. Respectfully submitted, STROKOFF & COWDEN, P.C. By: J es Co den, ID #20082 J nifer A. Nachamkin, ID #200931 Date: 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 5 STROKOFF & COWDEN, P.C. ATTORNEYS AT LAW TELEPHONE 132 STATE STREET FAX (717) 233-5353 P. 0. BOX 11903 (717) 233-5806 HARRISBURG, PENNSYLVANIA 17108-1903 www.strokoffandcowden.com June 22, 2006 David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 RE: Joseph A. Cesario v. Carlisle Syntec, Inc. No. 2005-04011 i Dear Mr. Baric: Enclosed please find Plaintiff's Second Request for Production of Documents and Second Set of Interrogatories directed to Defendant, Carlisle Syntec, Inc. Very truly yours, J n ife A. Nachamkin JAN/le Enclosure CC: Joseph Cesario (w/enc.) EXHIBIT Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff v. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 PLAINTIFF'S SECOND SET OF INTERROGATORIES DIRECTED TO DEFENDANT Pursuant to Pa.R.C.P. Nos. 4005 and 4006, Plaintiff, Joseph Cesario, by and through counsel, Strokoff & Cowden, P.C., requests Carlisle Syntec, Inc., the Defendant, to answer separately and fully in writing and under oath the Interrogatories set forth herein and serve the answers upon undersigned counsel within thirty (30) days of service thereof. These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information prior to trial pursuant to Pa.R.C.P. No. 4007.4. 1 I. DEFINITIONS C Unless a contrary meaning appears in the text, the following definitions apply to these Interrogatories: 1. "Communication" means any contact, oral, written and/or electronic, formal or informal, at any time or place, under any circumstances, in any manner, whereby a statement of any nature is transmitted or transferred, and shall include, without limitation, any documents containing, constituting, reflecting, memorializing or referring to any such contact. 2. "Describe in Detail": The phrase "describe in detail" shall require, in the case of an act, transaction, relationship, thing or occurrence: (a) A full description of such act, transaction, relationship, thing, or occurrence by reference to underlying facts rather than ultimate facts or conclusions of fact or law, including a complete reference to: (1) Date (s) (2) Place (s) (3) Person(s) involved; and (4) Manner or means employed; (b) Identification of your source(s) of information concerning such act, transaction, relationship, thing, or occurrence, including the date on which you received such information; (c) Identification and general description of each document relating to, referring to, or evidencing such act, transaction, relationship, thing or occurrence; (d) Specification of each document so identified which you intend to offer in evidence, specifying the particular act(s), transaction(s), relationship(s), thing(s), or occurrence(s) in connection with which the offer is to be made; 2 (e) Specification of each person so identified whom you intend to call as a witness, indicating the particular act(s), transaction(s), thing(s), or occurrence(s) in connection with which each such person is expected to testify. 3. "Document": As used herein, the word "document" includes any original, reproduction, or copy of any kind of documentary material, including, without limitation, correspondence, memoranda, interoffice communications, notes, diaries, contracts, documents, drawings, plans, specifications, estimates, vouchers, permits, ordinances, minutes of meetings, invoices, billings, checks, receipts, applications, resumes, reports, studies, telegrams, notes of telephone or other conversations, and any material such as briefs, memoranda, applications, or pleadings, filed with any judicial, regulatory, or administrative body. The term further includes any graphic matter of any kind or character, however produced or reproduced; any electronically or magnetically recorded or stored matter of any kind or character, however produced or reproduced; and any other matter of any kind or character constituting the recording of any tangible thing, or storage in any retrievable way, by any means of communication, representation or data retention not in this subsection heretofore described. 4. "Identify" or "Identity" means when used in reference to: (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city, town and state or county); (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title and date; (b) its subject matter; (c) its author's identity; 3 (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number. 5. "Person" means a natural person, partnership, association, corporation, or government agency. 6. "You" or "yours" refers to Defendant, as defined herein. 7. "Relevant" means that the item(s) requested are logically connected to the matter at issue, and includes items that both prove and disprove the assertion set forth in the request. 4 II. INSTRUCTIONS The following instructions are applicable to these standard Interrogatories: 1. Duty to answer: the Interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers you must furnish such information as is available to you, your employees, representatives, agents and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. 2. Claim of privilege: with respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. 3. Option to produce documents: in lieu of identifying documents in response to these Interrogatories, you may provide copies of such documents with appropriate references to the corresponding Interrogatories. Identify each person who assisted or participated in preparing and/or supplying any of the information given in answer to or relied upon in preparing answers to these Interrogatories. Where knowledge or information in possession of the Plaintiffs is requested, such request includes knowledge of Plaintiff's agents, representatives, and, unless privileged, their attorneys. If you cannot answer the Interrogatories in full after exercising due diligence to secure the information, so state and answer to the extent possible, specifying your inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portions. Any document or other material required to be identified or produced in response to these Interrogatories which Plaintiff claims to be protected by the attorney-client or other privilege shall be listed and identified with an 5 C appropriate explanation for the basis of the privilege being claimed, and all non-privileged portions of such documents shall be produced. 6 ?r III. INTERROGATORIES 1. Identify all communications and documents that acknowledge Plaintiff's receipt of Defendant's Exhibit B. ANSWER: 2 Identify any and all documents and communications that define, summarize or otherwise particularize "the National Accounts Manager incentive bonus plan" referred to in Defendant's Exhibit B. ANSWER: 3. Identify the Director of National Accounts (the administrator of "the plan") by name, title and work address. ANSWER 7 4. State whether Plaintiff was solely responsible for attaining the "targets" under the heading "DOMESTICAN ROOFING SALES;" specifically, the following terms that appear on Defendant's Exhibit B: a. "GROSS SALES TARGET ($267,788,000)" b. "SQ FT TARGET (328,000,000)" C. "ULTRA MEMBRANES: (1,000,000 square feet)" d. "PREMIUM MEMBRANES: (1,400,000 square feet)" ANSWER 5. If the answer to the above question is "no," identify all.employees and/or work groups and/or divisions and/or sections of Defendant company, including Plaintiff, who contributed to the above listed terms in both 2003 and 2004. ANSWER 8 6. Describe in detail Plaintiff's expected contribution to the above listed terms in 2003 and 2004. ANSWER 7. Define each and every listing appearing under the heading "MANAGEMENT RESPONSIBILITIES:" on Defendant's Exhibit B. specifically: a. "Management & utilization of Carlisle Representative and Distributors" b. "Use and implementation of Roof Sentry with Key Accounts" C. "Reporting/recommendations/initiative" d. "Budgetary control" e. "Monthly Project spreadsheet" ANSWER 9 C 8. Identify any and all documents and communications relevant to Plaintiff's performance of the above-listed responsibilities for both 2003 and 2004. ANSWER 9. Describe in detail each and every listing on Exhibit B appearing under the heading, "ACCOUNT MANAGEMENT & DEVELOPMENT:" on Defendant's Exhibit B; specifically: a. "Demonstrate results in maintaining existing accounts" b. "Development of new accounts with long-term strategy" C. "EPDM reproofing sales development/East of Mississippi" d. "PREMIUM MEMBRANES: (1,400,000 square feet)" ANSWER 10 10. Identify any and all documents and communications relevant to Plaintiff's performance of the above-listed responsibilities for both 2003 and 2004. ANSWER 11. Identify every employee by title and work address who, in both 2003 and 2004, was eligible for benefits under Defendant's "National Accounts Manager incentive bonus plan." ANSWER 12. Identify every employee by title and work address who, in both 2003 and 2004, received a bonus under Defendant's "National Accounts Manager incentive bonus plan." ANSWER 11 (. 13. Paragraph 5 of Defendant's Amended Answer, New Matter and Counterclaim states, "It is denied that the documents attached as Exhibit 'A' set forth the terms and conditions of Plaintiff's employment. To the contrary, these documents set forth only some of the terms and conditions." Identify any and all documents and communications that set forth each and every term and condition of Plaintiff's employment. ANSWER 14. For all of the above-listed items, identify any and all documents and communications that acknowledge Plaintiff's receipt of each and every document one. ANSWER 12 t 15. Identify any and all documents and communications that support Defendant's averment in paragraph 7 of Defendant's Amended Answer, New Matter and Counterclaim which states, "Moreover, Plaintiff failed to meet any sales goals for determining a bonus." ANSWER 16. Identify any and all witnesses, documents and communications containing information relevant to the allegation as set forth in paragraphs 17, 27 and 36 of your Counterclaim which, in paragraph 27, states, In particular, Plaintiff did inform Annette Ullom, and [sic] employee of Advanced Auto Parts, that Plaintiff would arrange for Ullom to receive tens of thousands of dollars if she agreed to see that [Defendant] roofing products were purchased for Advanced Auto Parts building projects. ANSWER: 13 17. Identify any and all documents relevant to the averment in paragraph 35 of Defendant's amended complaint which states, "Plaintiff owed Carlisle obligations of loyalty, diligence, fidelity and honesty." ANSWER: 18. Paragraph 39 of Defendant's Amended Answer, New Matter and Counterclaim states, "[a]s a direct and proximate result of the conduct of Plaintiff, Carlisle has suffered injury and losses including, but not limited to, diminution in the value of its business and injury to its goodwill." a. Identify any and all documents, witnesses and communications supporting this averment. b. Describe in detail the nature of each and every injury and loss averred. C. Describe in detail the basis for your computations of every amount of the specific amount of damages and the basis your computation. ANSWER 14 19. Identify any and all witnesses and exhibits you intend to proffer at trial. ANSWER: 20. Identify all witnesses with any knowledge relating to your defense and counterclaims. ANSWER: 21. For each and every witness listed above, describe the substance of the testimony they would give if called to testify at a hearing in this matter. ANSWER: STROKOFF & COWDEN, P.C. By: Aos Cowd n rney ID No. 20082 Jennifer A. Nachamkin Attorney ID No. 200931 Date: ,3.610 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 15 Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 i1c@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing document by U.S. First Class mail upon the following: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Defendant, Carlisle Syntec, Inc. Date: le-23-cl u Jenn er Nacha in 16 STROKOFF & COWDEN, P.C. ATTORNEYS AT LAW TELEPHONE - 132 STATE STREET (717) 233-5353 P. 0. BOX 11903 HARRISBURG, PENNSYLVANIA 17108-1903 www. strokof fandcowden. com September 26, 2006 David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 RE: Joseph A. Cesario v. No. 2005-04011 DISCOVERY REQUESTS Carlisle Syntec, Inc. Dear Mr. Baric: FAX (717) 233-5806 Nearly one hundred days has passed since you received Plaintiff's second request for the production of documents and a second set of interrogatories dated June 22, 2006. You have not explained your utter failure to respond or comply. If you fail to respond to both of these discovery requests by Friday September 29, 2006, I will immediately file a motion with the court to compel your compliance. Very truly yours, Je rifer A. Nachamkin JAN/le cc: Joseph Cesario EXHIBIT " 4 JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED DEFENDANT'S ANSWERS TO PLAINTIFF'S SECOND SET OF INTERROGATORIES DIRECTED TO DEFENDANT PRELIMINARY STATEMENT AND OBJECTIONS 1. Whenever the text of a response refers to the text of another response, such reference shall be deemed and is intended to incorporate the text of that response as if set forth in full. 2. Defendant, Carlisle SynTec Incorporated, objects to each Interrogatory which: (a) Could be construed to require Carlisle to produce voluminous quantities of documents on the grounds that such a request is unduly burdensome and harassing; (b) Could be construed to require it to provide information or documents protected by the attorney-client privilege or the doctrine of attorney work-product; or (c) is not reasonably calculated to lead to the discovery of admissible evidence. 3. Carlisle neither intends to waive its attorney-client privilege nor its protection of any attorney work product nor should any waiver be inferred from the fact that Carlisle has responded to these Interrogatories through counsel. Without waiving any of the foregoing, Carlisle responds as follows: EXHIBIT Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 ilc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 DEFENDANTS ANSWERS TO PLAINTIFF'S SECOND SET OF INTERROGATORIES DIRECTED TO DEFENDANT Pursuant to Pa.R.C.P. Nos. 4005 and 4006, Plaintiff, Joseph Cesario, by and through counsel, Strokoff & Cowden, P.C., requests Carlisle Syntec, Inc., the Defendant, to answer separately and fully in writing and under oath the Interrogatories set forth herein and serve the answers upon undersigned counsel within thirty (30) days of service thereof. These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information prior to trial pursuant to Pa.R.C.P. No. 4007.4. 1 I. DEFINITIONS Unless a contrary meaning appears in the text, the following definitions apply to these Interrogatories: 1. "Communication" means any contact, oral, written and/or electronic, formal or informal, at any time or place, under any circumstances, in any manner, whereby a statement of any nature is transmitted or transferred, and shall include, without limitation, any documents containing, constituting, reflecting, memorializing or referring to any such contact. 2. "Describe in Detail": The phrase "describe in detail" shall require, in the case of an act, transaction, relationship, thing or occurrence: (a) A full description of such act, transaction, relationship, thing, or occurrence by reference to underlying facts rather than ultimate facts or conclusions of fact or law, including a complete reference to: (1) Date (s) (2) Place (s) (3) Person(s) involved; and (4) Manner or means employed; (b) Identification of your source(s) of information concerning such act, transaction, relationship, thing, or occurrence, including the date on which you received such information; (c) Identification and general description of each document relating to, referring to, or evidencing such act, transaction, relationship, thing or occurrence; (d) Specification of each document so identified which you intend to offer in evidence, specifying the particular act(s), transaction(s), relationship(s), thing(s), or occurrence(s) in connection with which the offer is to be made; 2 C (e) Specification of each person so identified whom you intend to call as a witness, indicating the particular act(s), transaction(s), thing(s), or occurrence(s) in connection with which each such person is expected to testify. 3. "Document": As used herein, the word "document" includes any original, reproduction, or copy of any kind of documentary material, including, without limitation, correspondence, memoranda, interoffice communications, notes, diaries, contracts, documents, drawings, plans, specifications, estimates, vouchers, permits, ordinances, minutes of meetings, invoices, billings, checks, receipts, applications, resumes, reports, studies, telegrams, notes of telephone or other conversations, and any material such as briefs, memoranda, applications, or pleadings, filed with any judicial, regulatory, or administrative body. The term further includes any graphic matter of any kind or character, however produced or reproduced; any electronically or magnetically recorded or stored matter of any kind or character, however produced or reproduced; and any other matter of any kind or character constituting the recording of any tangible thing, or storage in any retrievable way, by any means of communication, representation or data retention not in this subsection heretofore described. 4. "Identify" or "Identity" means when used in reference to: (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city, town and state or county); (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title and date; (b) its subject matter; (c) its author's identity; 3 (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number. 5. "Person" means a natural person, partnership, association, corporation, or government agency. 6. "You" or "yours" refers to Defendant, as defined herein. 7. "Relevant" means that the item(s) requested are logically connected to the matter at issue, and includes items that both prove and disprove the assertion set forth in the request. 4 II. INSTRUCTIONS The following instructions are applicable to these standard Interrogatories: 1. Duty to answer: the Interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers you must furnish such information as is available to you, your employees, representatives, agents and attorneys. Your answers must be -.--supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. 2. Claim of privilege: with respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. 3. option to produce documents: in lieu of identifying documents in response to these Interrogatories, you may provide copies of such documents with appropriate references to the corresponding Interrogatories. Identify each person who assisted or participated in preparing and/or supplying any of the information given in answer to or relied upon in preparing answers to these Interrogatories. Where knowledge or information in possession of the Plaintiffs is requested, such request includes knowledge of Plaintiff's agents, representatives, and, unless privileged, their attorneys. If you cannot answer the Interrogatories in full after exercising due diligence to secure the information, so state and answer to the extent possible, specifying your inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portions. Any document or other material required to be identified or produced in response to these Interrogatories which Plaintiff claims to be protected by the attorney-client or other privilege shall be listed and identified with an 5 appropriate explanation for the basis of the privilege being claimed, and all non-privileged portions of such documents shall be produced. 6 III. INTERROGATORIES 1. Identify all communications and documents that acknowledge Plaintiff's receipt of Defendant's Exhibit B. ANSWER: Joseph Carbine discussed and reviewed Exhibit "B" with Plaintiff and gave acopy of Exhibit "B" to Plaintiff. 2 Identify any and all documents and communications that define, summarize or otherwise particularize "the National Accounts Manager incentive bonus plan" referred to in Defendant's Exhibit B. ANSWER: Exhibit "B" defines, summarizes and provides particulars of the bonus plan. Joseph Carbine discussed the particulars with the Plaintiff. Also see Exhibit "A." 3. Identify the Director of National Accounts (the administrator of "the plan") by name, title and work address. ANSWER Joseph Carbine Director of Strategic Accounts P.O. Box 7000 Carlisle, Pennsylvania 17013 7 4. State whether Plaintiff was solely responsible for attaining the "targets" under the heading "DOMESTICAN ROOFING SALES;" specifically, the following terms that appear on Defendant's Exhibit B: a. "GROSS SALES TARGET ($267,788,000)" b. "SQ FT TARGET (328,000,000)" CC. "ULTRA MEMBRANES: (1,000,000 square feet)" d. "PREMIUM MEMBRANES: (1,400,000 square feet)" ANSWER a. No. b. No. c. Yes. d. Yes. 5. If the answer to the above question is "no," identify all employees and/or work groups and/or divisions and/or sections of Defendant company, including Plaintiff, who contributed to the above listed terms in both 2003 and 2004. ANSWER Objection. This interrogatory is vague, ambiguous, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, Carlisle answers that these targets were company wide and substantially all of the employees of the company would be involved in reaching these goals. 8 6. Describe in detail Plaintiff's expected contribution to the above listed terms in 2003 and 2004. ANSWER For 4(c) and 4(d), Plaintiff was to sell membrane meeting or exceeding these square foot amounts. 4(a) and 4(b) were company wide sales targets with no specific allocation to any one individual employee. 7. Define each and every listing appearing under the heading "MANAGEMENT RESPONSIBILITIES:" on Defendant's Exhibit B; specifically: a. "Management & utilization of Carlisle Representative and Distributors" b. "Use and implementation of Roof Sentry with Key Accounts" C. "Reporting/recommendations/initiative" d. "Budgetary control" e. "Monthly Project spreadsheet" ANSWER a. Proper and appropriate use of, interaction and communication with Carlisle's network of manufacturer's representatives and distributors in furtherance of the promotion and selling of Carlisle products. b. Enrolling substantial numbers of customers in the use of Carlisle's Roof SentryTM computer software. C. Reporting relates to communications with superiors as to all aspects of the responsibilities and actions of the Plaintiff in his work at Carlisle. Initiative is self-explanatory. d. Budgetary control relates to Plaintiff maintainig and keeping costs incurred by the company within budgets set for various departments within the company and assisting in the setting of budgets. e. the Monthly Project Spreadsheet was a monthly report of roofing projects pursued by the Plaintiff. 8. Identify any and all documents and communications relevant to Plaintiff's performance of the above-listed responsibilities for both 2003 and 2004. ANSWER Objection. This interrogatory is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence Without waiving this objection, please see the sales chart previously produced with the Performance Appraisal produced contemporaneously herewith. 9. Describe in detail each and every listing on Exhibit B appearing under the heading, "ACCOUNT MANAGEMENT & DEVELOPMENT:" on Defendant's Exhibit B; specifically: a. "Demonstrate results in maintaining existing accounts" b. "Development of new accounts with long-term strategy" C. "EPDM reproofing sales development/East of Mississippi" d. "PREMIUM MEMBRANES: (1,400,000 square feet)" ANSWER a. Show an ability to keep existing customers of Carlisle. b. Show an ability to establish new customers for Carlisle and establish a strategy to keep those customers and expand their use of Carlisle products. C. Show an expansion in the sale of Carlisle products for reroofing projects east of the Mississippi. d. Would include 60 mil EPDM, 60 mil TPO reinforced and 60 mil EPDM reinforced. 10 10. Identify any and all documents and communications relevant to Plaintiff's performance of the above-listed responsibilities for both 2003 and 2004. ANSWER Objection. This interrogatory is vague, unduly burdensome and not reasonably calculated to lead to-the discovery of admissible evidence. Without waiving this objection, please see the Sales chart previously produced. 11. Identify every employee by title and work address who, in both 2003 and 2004, was eligible for benefits under Defendant's "National Accounts Manager incentive bonus plan." ANSWER Joseph Cesario. 12. Identify every employee by title and work address who, in both 2003 and 2004, received a bonus under Defendant's "National Accounts Manager incentive bonus plan." ANSWER None. 11 I . 13. Paragraph 5 of Defendant's Amended Answer, New Matter and Counterclaim states, "It is denied that the documents attached as Exhibit 'A' set forth the terms and conditions of Plaintiff's employment. To the contrary, these documents set forth only some of the terms and conditions." Identify any and all documents and communications that set forth each and every term and condition of Plaintiff's employment. nINTOW,WD See Exhibit "B'." Also see the Salaried Employee Benefits Sheet. Further, Plaintiff was subject to common law obligations of an employee to his employer. 14. For all of the above-listed items, identify any and all documents and communications that acknowledge Plaintiff's receipt of each and every document one. ANSWER Communication between Plaintiff, Joseph Carbine and Vickie Hippensteel. 12 C 15. Identify any and all documents and communications that support Defendant's averment in paragraph 7 of Defendant's Amended Answer, New Matter and Counterclaim which states, "Moreover, Plaintiff failed to meet any sales goals for determining a bonus." ANSWER Joseph Carbine and Plaintiff discussed that Plaintiff was not meeting his sales targets. 16. Identify any and all witnesses, documents and communications containing information relevant to the allegation as set forth in paragraphs 17, 27 and 36 of your Counterclaim which, in paragraph 27, states, In particular, Plaintiff did inform Annette Ullom, and [sic] employee of Advanced Auto Parts, that Plaintiff would arrange for Ullom to receive tens of thousands of dollars if she agreed to see that [Defendant] roofing products were purchased for Advanced Auto Parts building projects. ANSWER: Annette Ullom Rebecca Catchall Joseph Carbine Joseph Cesario Timothy Aduddell 13 17. Identify any and all documents relevant to the averment in paragraph 35 of Defendant's amended complaint which states, "Plaintiff owed Carlisle obligations of loyalty, diligence, fidelity and honesty." ANSWER: Please see case law of this Commonwealth. 18. Paragraph 39 of Defendant's Amended Answer, New Matter and Counterclaim states, "[als a direct and proximate result of the conduct of Plaintiff, Carlisle has suffered injury and losses including, but not limited to, diminution in the value of its business and injury to its goodwill." a. Identify any and all documents, witnesses and communications supporting this averment. b. Describe in detail the nature of each and every injury and loss averred. C. Describe in detail the basis for your computations of every amount of the specific amount of damages and the basis your computation. ANSWER Discovery is continuing and Carlisle will supplement this response in accordance with the Rules of Civil Procedure. 14 C- 19. Identify any and all witnesses and exhibits you intend to proffer at trial. ANSWER: Carlisle has not yet determined the witnesses and exhibits to be used at trial. Such disclosures shall be made through the Pretrial Statement in accordance with local rules of court. 20. Identify all witnesses with any knowledge relating to your defense and counterclaims. ANSWER: Please see those individuals identified in response to interrogatory number 16. Additionally, Vickie Hippensteel and Timothy Crawford. Discovery is continuing. 21. For each and every witness listed above, describe the substance of the testimony they would give if called to testify at a hearing in this matter. ANSWER: Annette Ullom will testify that the Plaintiff offered her money and/or property if she would make certain that Carlisle brand roofing products were used on Advanced Auto Parts roofing projects. *CONTINUED ON NEXT STROKOFF & COWDEN, P.C. PAGE By: ", a i a . J es . Cowd n A orney ID No. 20082 Jennifer A. Nachamkin Attorney ID No. 200931 Date: Q3•61o 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 15 CONTINUATION OF INTERROGATORY NO. 21 Rebecca Cutchall was informed by Annette Ullom that Plaintiff had offered Ms. Ullom a bribe. Joseph Carbine discussed the terms of employment with Plaintiff prior to his becoming employed, discussed Plaintiff's performance relative to the bonus and discussed the bribe Plaintiff offered to Ms. Ullom with Plaintiff. Timothy Aduddell was contacted by Plaintiff and was informed by Plaintiff of Plaintiff s actions and discussions with Annette Ullom. Vickie Hippensteel provided documents relating to the terms and conditions of Plaintiff's employment with Carlisle. The substance of testimony from Timothy Crawford is not known by Carlisle at present and discovery is continuing. Respectfully submitted, O'BRIEN, BARIC & SCHERER t David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 10f05/2006 ?08:55iFAY T17?244..±13CIO ' r SYNTEC LEGAL OBS BARIC,Dave 0PA004 GE VERMCA'x`[ON The statements in the foregoing Defendant's Answers To plaintips Second Set Of Interrogatories Dh=ted To Defendant are based upon information which has beet, assembled by my attorney in this litigation. The language of the stamments is not my own, I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and coxzect to the best ofmy 1 nowledg% information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsifications to authorities. DATE: &r-?a ?hv& 'Joseph Carbine (-axector ofienal Accounts r CERTIFICATE OF SERVICE I hereby certify that on October ?5- , 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Defendant's Answers To Plaintiff's Second Set Of Interrogatories Directed To Defendant, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 r David A. Baric, Esquire Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty. I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of Plaintiff's Motion to Dismiss Defendant's Objections to Plaintiff's Interrogatories and to Compel Response by U.S. First Class mail upon the following: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Defendant, Carlisle Syntec, Inc. r - Date: -0!1 nn' er Nachamkin i 1 ro - 3 JOSEPH CESARIO, Plaintiff V. CARLISLE SYNTEC INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED MOTION TO DISMISS OBJECTIONS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS NOW, comes Defendant, Carlisle SynTec Incorporated, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion to Dismiss Objections to Interrogatories and Request for Production of Documents and, in support thereof, sets forth the following: 1. On or about March 6, 2007, Defendant served counsel for Plaintiff with Defendants Second Set Of Interrogatories Directed To Plaintiff. A true and correct copy of Defendants Second Set Of Interrogatories Directed To Plaintiff is attached hereto as Exhibit "A" and is incorporated by reference 2. On or about March 6, 2007, Defendant served counsel for Plaintiff with Defendants Second Request for Production of Documents Directed to Plaintiff. A true and correct copy of Defendant's Second Request for Production of Documents Directed to Plaintiff is attached hereto as Exhibit "B" and is incorporated by reference. 3. On or about April 5, 2007, Plaintiff filed "Plaintiff's Answers To Defendant's Second Set Of Interrogatories and Plaintiff's Second Request For Production and Answers To Second Set Of Interrogatories." True and correct copies of these documents are attached hereto as Exhibits "C" and "D." 4. Pursuant to Pa R.C.P. 4006 (a)(2), a party submitting interrogatories may move the court to dismiss an objection to an interrogatory and direct that the interrogatory be answered. 5. Pa R.C.P. 4005 (a) provides that the only limitation on interrogatories are those provisions of Pa R.C.P. 4011. 6. Pursuant to Pa R.C.P. 4009.12, a party upon whom a request for production is served shall serve an answer including objections to each numbered request. 7. Pursuant to Pa R.C.P. 4009.12 (b)(4), a party may object to a request for production on the grounds set forth at Pa R.C.P. 4011(a), (b) and (e) or upon the grounds that the request does not meet the requirements of Pa R.C.P. 4009.11. 8. Plaintiff has filed objections to all Interrogatories and Document Requests. 9. Pa R.C.P. 4009.1 provides that a party may seek production of documents which are "... in the possession, custody or control of the party or person upon whom the request or subpoena is served; and may do so one or more times." 10. Pa R.C.P. 4019 (a)(i)(vii) permits this Court to make an appropriate order if a party fails to respond that inspection will be permitted as requested or fails to permit inspection as requested under Rule 4009. 11. Pa R.C.P. 4019 (a)(i)(viii) permits this Court to make an appropriate order if a party fails to make discovery. 12. By correspondence dated April 11, 2007, counsel for Defendant requested that counsel for Plaintiff reconsider the objections and no response has been received to the date of this motion. A true and correct copy of this correspondence is attached hereto as Exhibit "E" and is incorporated by reference. 13. A Rule To Show Cause relating to discovery was previously issued in this matter by the Honorable Kevin A. Hess. WHEREFORE, Defendant respectfully moves this Court to issue any order overruling the objections of Plaintiff to the Interrogatories and Request for Production and directing Plaintiff to provide and serve upon counsel for Defendant full and complete responses to the interrogatories and document requests. Respectfully submitted, O' EN, BARIC C E e-- David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant dab.dir/litigation/carl.syn/cesario/dismissobjection.mot JOSEPH CESARIO, Plaintiff v CARLISLE SYNTEC INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED SECOND SET OF INTERROGATORIES OF CARLISLE SYNTEC INCORPORATED PROPOUNDED UPON JOSEPH CESARIO PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories. If between the time of filing your Answers and the time of trial of this matter, you, or anyone acting on your behalf, learn of any further information not contained in your Answers, or if you learn that any information set forth in your Answers is or has become inaccurate or incorrect, you shall promptly file and serve supplemental answers. EXHIBIT "A" DEFINITIONS A. The term "document" as used herein shall mean the original and any copy, marked up copy, revision, amendment, modification, non-identical copy and/or draft, or any written, printed, typed, drawn or other graphic matter of any kind or nature, however, produced or reproduced, whether or not sent or received, including without limitation; memoranda, reports, computations, estimates, communications, financial reports or statements, notes, transcripts, letters, correspondence, intra or inter office communications, envelopes, telegrams, cables, telephone messages, messages, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, minutes, notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers, summaries, journals, statistical records, calendars, appointment books, diaries, plans, drawings, blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices, checks, receipts, payroll records, summaries or records 11 of meetings or conferences, minutes or tape recordings of meetings or conferences, summaries or reports of investigations, opinions or reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts, articles, magazines, newspapers, booklets, circulars, bulletins, press releases, notices, instructions, manuals, photographs, schedules, network diagrams, bar-charts, line- charts, motion picture film, microfilms, photographs, tapes or other recordings, punch charts, computer programs, magnetic tapes, discs, data cells, drums, printout and other data computations from which information can be obtained, and marginal comments appearing on any documents, and all other writings in the possession, custody or control of Plaintiffs or their agents, officers, employees or attorneys. B. "Defendant" means Carlisle SynTec Incorporated. C. "Person" or "Persons" shall mean any natural individual or corporation, firm,. partnership, proprietorship, association, joint venture, governmental entity or any other business or government organization. D. "Meeting" shall mean any assembly, convocation, encounter or coincidence of two or more persons for any purpose, whether or not planned, arranged or scheduled in advance. E. "Communication" shall mean any utterance made, human speech heard, overheard, or intended to be heard by any person, whether in person, by telephone, by means of sounding recording, or otherwise. F. "Identify" means: (a) When used in reference to a document, describe with sufficient particularity to form the basis for a Request for Production under Pa. R.C.P. 4009, including but not limited to the date it was prepared or created, the identity of its author or originator, the type of document letter, telegram, chart, photograph, sound recordings, etcetera.), the identity of its addressee, its present location and the identity of its present custodian(s). If such document was, but is no longer, in your possession or subject to your control, state what disposition was made of it; '(b) When used in reference to a natural person or business entity, "identify" means to state his or her or its full name, present or last known home address, present or last known business address, present or last known home telephone number, present or last known position or affiliation. H. "You" means Joseph Cesario, or any representative, agent, servant, officer, or employee thereof. INSTRUCTIONS If you object to the production or identification of any documents on the grounds that the attorney-client, attorney work product or any other privilege is applicable thereto, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in the preparation of the documents; (d) Identify each person who received it; r (e) Identify each person from whom the documents were received; (f) State the present location of the document and all copies thereof, i 11 (g) Identify each person who has ever had possession, custody or control of it or copy .t thereof; and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. i 'I INTERROGATORIES 1. By whom have you been employed at any time during the period November 16, 2004 to the present. ANSWER: 2. For any employer identified in response to Interrogatory #1, please identify to whom, you reported or report at the place of employment. ANSWER: 3. For any employer identified in response to Interrogatory #1, please identify all individuals with whom you interviewed prior to becoming employed. ANSWER: i 4. Identify any and all documents you provided to any employer identified in response.. to Interrogatory #1 in connection with obtaining employment. ANSWER: ,i r II I? ?I 5. Have you received any bonus from any employer identified in response to 11 i+ {y ? Interrogatory #1. ANSWER: 6. Describe each bonus you have received and from which employer it was received. ANSWER: 7. For each bonus received, describe the requirements you had to meet to obtain the bonus. ANSWER: 8. For the period November 16, 2004 through the present, identify all potential- employers you have interviewed with. ANSWER: 9. For each employer identified in response to interrogatory #8, please identify the individuals you met for an interview. ANSWER: Respectfully submitted, O EN, BARK & SCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/carlislesyntec/cesario/defendants.int i CERTIFICATE OF SERVICE I hereby certify that on March , 2007, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Second Set Of Interrogatories Of Carlisle SynTec Incorporated Propounded Upon Joseph Cesario, by first class U.S. mail, postage prepaid, to the parties listed ii below, as follows: ?I Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 David A. Baric, Esquire JOSEPH CESARIO, Plaintiff V. CARLISLE SYNTEC INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED DEFENDANTS SECOND REQUEST FOR PRODUCTION DOCUMENTS DIRECTED TO PLAINTIFF Pursuant to Pa.R.C.P. No. 4009, as amended, the Defendants, Carlisle SynTec Incorporated and their attorneys, O'Brien, Baric and Scherer, request you to produce copies of the i1 following documents, at its expense within thirty (30) days of service of this request. I INSTRUCTIONS it If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received; (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or copy thereof; and EXHIBIT "B" (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic t matter, however produced or reproduced, including correspondence, telegrams, other written ii communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, f? i analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing) regardless of whether you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody or control. DOCUMENTS REQUESTED 1. Any and all documents identified in response to the Second Set of Interrogatories. Respectfully submitted, OAB?dEN, BA,R.IC & SCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/carlislesyntec/cesario/seconddocument.req CERTIFICATE OF SERVICE 4I I hereby certify that on March 2007, I, David A. Baric, Esquire of O'Brien, $aric & Scherer, did serve a copy of Defendants Second Request For Production Of Documents Directed To Plaintiff, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 C David A. Baric, Esquire Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty. I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 -jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff v. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 PLAINTIFF'S ANSWERS TO DEFENDANT'S SECOND SET OF INTERROGATORIES 1. By whom have you been employed at any time during the period November 16, 2004 to the present. ANSWER: Objection. All controversies pleaded by Plaintiff and counter claimed by Defendant relate only to the employment relationship, which ended November 15, 2004. This interrogatory is beyond the scope of discovery because it is not reasonably calculated to lead to the discovery of admissible evidence. 1 EXHIBIT "C" 2. For any employer identified in response to Interrogatory #1, please identify all individuals with whom you reported or report at the place of employment. ANSWER: Objection. All controversies pleaded by Plaintiff and counter claimed by Defendant relate only to the employment relationship, which ended November 15, 2004. This interrogatory is beyond the scope of discovery because it is not reasonably calculated to lead to the discovery of admissible evidence. 3. For any employer identified in response to Interrogatory #1, please identify all individuals with whom you interviewed prior to becoming employed. ANSWER: Objection. All controversies pleaded by Plaintiff and counter claimed by Defendant relate only to the employment relationship, which ended November 15, 2004. This interrogatory.is beyond the scope of discovery because it is not reasonably calculated to lead to the discovery of admissible evidence. 2 4. Identify any and all documents you provided to any employer identified in response to Interrogatory #1 in connection with obtaining employment. ANSWER: Objection. All controversies pleaded by Plaintiff and counter claimed by Defendant relate only to the employment relationship, which ended November 15, 2004. This interrogatory is beyond the scope of discovery because it is not reasonably calculated to lead to the discovery of admissible evidence. 5. Have you received any bonus from any employer identified in response to Interrogatory #1. ANSWER: Objection. All controversies pleaded by Plaintiff and counter claimed by Defendant relate only to the employment relationship, which ended November 15, 2004. This interrogatory is beyond the scope of discovery because it is not reasonably calculated to lead to the discovery of admissible evidence. 3 6. Describe each bonus you have received and from which employer it was received. ANSWER: Objection. All controversies pleaded by Plaintiff and counter claimed by Defendant relate only to the employment relationship, which ended November 15, 2004. This interrogatory is beyond the scope of discovery because it is not reasonably calculated to lead to the discovery of admissible evidence. 7. For each bonus received, describe the requirements you had to meet to obtain the bonus. ANSWER: Objection. All controversies pleaded by Plaintiff and counter claimed by Defendant relate only to the employment relationship, which ended November 15, 2004. This interrogatory is beyond the scope of discovery because it is not reasonably calculated to lead to the discovery of admissible evidence. 4 8. For the period November 16, 2004, through the present, identify all potential employers you have interviewed with. ANSWER: Objection. All controversies pleaded by Plaintiff and counter claimed by Defendant relate only to the employment relationship, which ended November 15, 2004. This interrogatory is beyond the scope of discovery because it is not reasonably calculated to lead to the discovery of admissible evidence. 9. For each employer identified in response to Interrogatory #8, please identify the individuals you met for an interview. ANSWER: Objection. All controversies pleaded by Plaintiff and counter claimed by Defendant relate only to the employment relationship, which ended November 15, 2004. This interrogatory is beyond the scope of discovery because it 5 is not reasonably calculated to lead to the discovery of admissible evidence. STROKOFF & COWDEN, P.C. By: teJs a 0 - at ?. V Co en No. 20082 Jennifer A. Nachamkin I.D. No. 200931 DATE :.- = 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 6 MAR-29-2007 06:27A FROM:JOE CESARIO 7172433130 TO:171723358W P.1 Strokoff & Cowden, P.C. James L. Cowden, Atty. Z.D. #20082 Jennifer A. Nachamkin, Atty Z.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlcostrokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff NO. 2005-04011 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant VERIFICATION I, JOSEPH A. CESARIO, certify that the statements made in the foregoing document is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE : D7 7 Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 ilc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing document by U.S. First Class mail upon the following: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Defendant, Carlisle Syntec, Inc. Date. L -_5-- 0 a J nif A. achamkin 8 Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty. I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 -ilc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 v. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant PLAINTIFF'S RESPONSES TO DEFENDANT'S SECOND REQUEST FOR DOCUMENTS 1. Any and all documents identified in response to the Second Set of Interrogatories. None. STROKOFF & COWDEN, P.C. By: es . C den . No. 20082 Jennifer A. Nachamkin I.D. No. 200931 DATE: r? Q 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 1 EXHIBIT "D" - r Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 ilc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff v. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS (CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing document by U.S. First Class mail upon the following: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Defendant, Carlisle Syntec, Inc. L - - Date: J nife A. N chamkin 2 Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer Robert J. Dailey (717) 249-6873 Fax: (717) 249-5755 Email: dbark@obslaw.com April 11, 2007 Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 RE: Cesario v. Carlisle SynTec Incorporated Dear Ms. Nachamkin: I write to ask that you reconsider the objections you filed in response to each and every interrogatory and production of document request I recently served upon you. Certainly, other bonus plans in which your client has participated would be relevant to determine your client's understanding of the requirements and elements of those bonus plans and his interpretation of the bonus plan at issue in this matter. Moreover, his failure to meet the requirements of other bonus plans would be relevant to the determination of this matter. Even if you disagree with the foregoing, the information requested is reasonably calculated to lead to the discovery of admissible evidence. In the event I do not receive complete responses to the discovery, I will file a motion to strike your objections. Very truly yours, O'BRIEN, BARIC & SCHERER b?wz?? ?- David A. Baric, Esquire DAB/j l cc: Clifton VIA FACSIMILE: (717) 245-7133 EXHIBIT E File dab.dir/litigation/carl.syn/cesario/nachamkin6.ltr CERTIFICATE OF SERVICE I hereby certify that on April A , 2007, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Motion To Dismiss Objections To Interrogatories and Request For Production Of Documents, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 David A. Baric, Esquire s--? ;`'7 -s-s ?. ._. 1 ? 9 + -1 t '? ... f ?l .. '? f.. 1 6 {? 7 ?? JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-4011 CIVIL CARLISLE SYNTEC INCORPORATED, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO DISMISS OBJECTIONS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ORDER AND NOW, this 23 day of April, 2007, a brief argument on the above-captioned motion is set for Thursday, May 31, 2007, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, x mv, Kevin ess, J. Jennifer A. Nachamkin, Esquire ,For the Plaintiff avid A. Baric, Esquire For the Defendant :rlm Oa/ P ? ?Ir?.-•?-• fix r. a" .' -`t V?LI 0 l ;h Wd SZ 8dV LOOZ Add ON01-Hiol 3Hl jC f ., Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty. I.D. 4200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 l1c@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 v. CARLISLE SYNTEC, INC. PO BOX 7000 Carlisle, PA 17013-7000, Defendant PRAECIPE TO WITHDRAW Plaintiff, Joseph Cesario, by and through undersigned counsel, Strokoff & Cowden, P.C., hereby petitions to withdraw the Motion to Compel and Motion to Dismiss Defendant's Objections to Plaintiff's Interrogatories and in support avers as follows: 1. Plaintiff filed a Motion to Compel and Motion to Dismiss Defendant's Objections to Plaintiff's Interrogatories on April 11, 2007, to compel Defendant to answer the discovery requests served upon him on or about June 23, 2006. 1 2. On April 17, 2007, undersigned counsel received responses to the discovery requests from Defendant. WHEREFORE, Plaintiff requests that the Motion to Compel and Motion to Dismiss Defendant's Objections to Plaintiff's Interrogatories be withdrawn. Respectfully submitted, STROKOFF & COWDEN, P.C. By: Q ' La - a e L. owden, ID #20082 nni er A. Nachamkin, ID #200931 Date: Ot.21•09 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 2 ., Strokoff & Cowden, P.C. James L. Cowden, Atty. I.D. #20082 Jennifer A. Nachamkin, Atty. I.D. #200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 jlc@strokoffandcowden.com JOSEPH CESARIO 71 Manada Creek Circle Carlisle, PA 17013, Plaintiff V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-04011 CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing document by U.S. First Class mail upon the following: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Defendant, Carlisle Syntec, Inc. Date: 64-21- 0-7 0 A CLWP- nni r A Nachamkin 3 ? ?a ? d t ? `?_ .....? ? ? -n '"CZ ?" %t?. ?.+ ?Y}?1 .` fi s? ?,ti '. ? ;? i'°t1 ? 7 ? ...... JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-4011 CIVIL CARLISLE SYNTEC INCORPORATED, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO DISMISS OBJECTIONS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ORDER AND NOW, this <" day of June, 2007, following argument thereon, the motion of the defendant to dismiss objections to discovery requests is DENIED and said objections are SUSTAINED. ,,,,re'nnifer A. Nachamkin, Esquire For the Plaintiff vid A. Baric, Esquire For the Defendant :rim BY THE COURT, Kevin . Hess, J. V INV,1DAS} M! d R :£ Ind I - Nnr LOOZ KdViGN;v1W ?, 3HL 40 301j? r--031Y JOSEPH CESARIO, Plaintiff V. CARLISLE SYNTEC INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4011 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL BY TWELVE DEMANDED MOTION FOR PROTECTIVE ORDER NOW, comes Carlisle SynTec Incorporated ("Carlisle"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion for Protective Order and, in support thereof, sets forth the following: 1. On July 6, 2007, counsel for Carlisle was served with a Request for Entry from counsel for Plaintiff. A true and correct copy of the Request for Entry is attached hereto as Exhibit "A" and is incorporated by reference. 2. The Request for Entry was allegedly served as a discovery request under Pa.R.C.P. 4009.32. 3. The first eleven (11) numbered paragraphs of the Request are factual averments made by counsel for Plaintiff and are not appropriate under the Rules of Civil Procedure. 4. The first eleven (11) numbered paragraphs of the Request are unverified factual averments made by counsel for Plaintiff and are not appropriate under the Rules of Civil Procedure. 5. Paragraph twelve (12) of the Request does not describe with reasonable particularity the property to be entered and the activities to be performed. 6. The Request seeks discovery of confidential trade secret information, confidential information and/or commercial information. 7. The Request is overly broad and would be an unreasonable annoyance to Carlisle. 8. Plaintiff has been provided with a chart of the sales information which he himself created while in the employ of Carlisle. 9. The Honorable Kevin A. Hess has previously ruled in this case. 10. Undersigned counsel has contacted the attorney for the Plaintiff and she does not concur in the filing of this Motion. WHEREFORE, Carlisle requests the Court enter a Protective Order under Pa.R.C.P. 4012 to protect Carlisle from unreasonable annoyance, burden or expense pursuant to said Rule. Respectfully submitted, RIEN, BARIC & SCHE R David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant dab.dir/litigation/carl.syn/cesario/protectiveorder. mot Strokoff a Cowden, P.C. James L. Cowden, Atty. '_.D. #20092 Jennifer A. Nachamkin, Atty I.D. 0200931 :32 state Street, PC Box 11903 Harrisburg, PA 1-7108-1903 (717; 233-5353 itcwstrokof'_andcowder..Coln JOSEPH CESARIO IN THE COURT OF COMMON PLEAS 71 Manada Creek Circle CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, PA 17013, i Plaintiff NO. 2005-04011 V. CARLISLE SYNTEC, INC. PO Box 7000 Carlisle, PA 17013-7000, Defendant REQUEST FOR ENTRY Pursuant to Pa.R.C.P. No. 4009.32, Plaintiff, Joe Cesario, requests entry upon the premises of Carlisle Syntec, Inc. located in Carlisle, Pennsylvania 17013 in support thereof, Plaintiff avers the following: 1. Plaintiff was a sales person for Defendant, Carlisle Syntec, Inc. Plaintiff was responsible for selling roofing products for the buildings of nationally owned franchises or businesses. Plaintiff was the National Accounts Manager working with Defendant from July 28, 2003, and November 15, 2005. 2. According to his contract with Defendant, Plaintiff was entitled to compensatory bonuses based upon the amount and type of roofing products he sold. 3. Plaintiff was the only employee subject to the aforementioned bonus plan and compensatory agreement; i.e. no other employee of Defendant was subject to the same contract or 1 EXHIBIT "A" the same bonus plan or had the same sales expectations as Plaintiff. 4. This action was instituted by Complaint filed on December 22, 2005. In his complaint, Plaintiff avers that Defendant has withheld compensation and bonuses contrary to the Wage Payment and Collection Act. 5. Defendant filed its Answer, New Matter and Counterclaim on January 10, 2006. Plaintiff filed its Answer to Defendant's New Matter on January 30, 2006. On April 19, 2006, Defendant filed an Amended Answer, New Matter and Counterclaim. Plaintiff filed his Answer to the Amended New Matter and Counterclaim on May 8, 2006. 6. On June 23, 2006, Plaintiff served Defendant's counsel with Plaintiff's Second Request for the Production of Documents and Plaintiff's Second Set of Interrogatories Directed to Defendant'. 7. Plaintiff requested that Defendant identify and produce any and all documents related to each of Plaintiff's responsibilities and his individual sales performance as a National Account Manager. 8. Defendant objected to the requests because it claimed the requests were unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. 9. Defendant has produced a computer generated sales chart and an unnamed, unsigned, unidentifiable performance appraisal. 10. In a telephone conversation with Defense counsel on June 12, 2007, Plaintiff's counsel learned that electronically stored data pertaining to Plaintiff's sales performance does in fact exist, but that no documents will be created or compiled by Defendant. 1 Plaintiff's first set of Requests for the Production of Documents and tie first set of Interrogatories were served upon the Defendant on August 5, 2005, prior to the commencement of the action for the purposes of preparing the complaint. 2 L0190 'd 9085££ZL IL Od `NIH00 ' .dRYON,IS Wd 0£ ; VO LOH-90-Inr 11. It is believed and therefore averred that Defendant has withheld this information in bad faith. 12. Plaintiff seeks entry upon the property of Carlisle Syntec, Inc., for the examination and retrieval of said electronically stored documents pertaining to the following; a. Records of all of Plaintiff's sales occurring between July 26, 2003, and November 15, 2005; b. Records of all of the sales Plaintiff would have been credited with completing after November 15, 2005; C. Records of the full monetary value of all of Plaintiff's sales and the square footage sold by the Plaintiff for the following: i. National Domestican (sic) Roofing sales of "Ultra Membranes," "Premium Membranes;" and ii. EPDM, PVC, and TAO reproofing sales for national accounts. In order to retrieve the requested information, Plaintiff agrees to the following: 1. Plaintiff will retain a computer forensics expert to retrieve the above listed data from Defendant's computer system; and 2. To enter into a confidentiality agreement, to be drafted by Defendant and agreeable to Plaintiff, for the protection of Defendant's trade secrets and other confidential information. Defendant shall allow the requested entry unless the request is objected to within thirty (30) days after service of the request, in which event the reasons for objection shall be stated. If objection is made to part of a request, the part shall be specified. Plaintiff will move for an order under Rule 4019(a) with respect to any objection to, or failure to respond 3 LO/90'd 9085££ZLIL Od 'N30MOO ' JJONHIS Wd O£:VO LOR-90-Inn to the request or any part thereof, or any failure to permit entry as requested. 231 Pa. Code 4009.32. STROKOFF & COWDEN, P.C. Date. d By; VAU , ?0 a a . Mmes. Co den torney ID No. 20082 Jennifer A. Nachamkin Attorney ID No.200931 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 4 LO/LO 'd 90996HL I L Od 'N3GMOO ? ? ONHIS wd I £ : tr0 LOR-90-1f1f CERTIFICATE OF SERVICE I hereby certify that on July 25, 2007, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Motion For Protective Order, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108-1903 L?41 -116i?,- David A. Baric, Esquire P VA JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-4011 CIVIL CARLISLE SYNTEC INCORPORATED, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this 2 1 day of July, 2007, a brief argument on the within motion for protective order is set for Thursday, August 30, 2007, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ,/ennifer A. Nachamkin For the Plaintiff avid A. Baric, Esquire For the Defendant :rlm J VINdlllhS-3NN3d I Z :a Wei OE lief LOOZ A8VIONOHiO8d 3HL da 30WQ-a JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF ' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-4011 CIVIL CARLISLE SYNTEC INCORPORATED, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this Z 4 ` day of August, 2007, argument on the within motion for protective order set for August 30, 2007, is continued to Thursday, October 4, 2007, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, / A Hess, J. nnifer A. Nachamkin, Esquire For the Plaintiff )?avid A. Baric, Esquire For the Defendant :rlm °? Ivb??l?l?"n ??-',-t %15?, A?tl.?C?l`d?? i ? ?1=`1`11 ? ICJ FFT n FZIRV- JOSEPH CESARIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-4011 CIVIL TERM CARLISLE SYNTEC CIVIL ACTION-LAW INCORPORATED, Defendant JURY TRIAL BY TWELVE DEMANDED ORDER AND NOW, this Y day of Fc.??•? , 2008, after hearing on the request for a Protective Order and Objections to Request to Inspect of Carlisle SynTec, Inc. in the above matter it is hereby Ordered as follows: 1. Carlisle SynTec, Inc. shall produce to counsel for Plaintiff a chart of sales which contains additional information relating to those sales referenced on the chart within ten (10) days of the date of this Order. 2. Counsel for Plaintiff will provide counsel for Carlisle SynTec, Inc. with additional information relating to those projects listed on the chart of sales for which additional information is necessary to determine whether the sales were ever consummated by Carlisle SynTec, Inc.. 3. Upon receipt of this information, Carlisle SynTec, Inc. will attempt to determine whether these sales were consummated and will report the findings to counsel for Plaintiff. 4. Upon the entry of the Protective Order stipulated to by counsel for the parties, counsel for Plaintiff will contact counsel for Carlisle SynTec, Inc. to arrange a time to review the computer sales information for twelve (12) of the projects listed on the sales chart. This review of the computer sales information for these twelve (12) projects shall be conducted by an expert retained by Plaintiff, shall be reviewed at the offices of Carlisle, a Carlisle employee shall be present during the review of the sales information and the expert of Plaintiff shall agree to be bound by the terms of the Protective Order. This Order is entered without prejudice to either party to pursue or file additional motions relating to the subject matter of this Order. BY THE COURT, A. Hess, J. ? David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 ? Jennifer Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Pennsylvania 17108 LL I a/?/og 01/23/2008 12:57 7172495755 OBS JOSEPH CESARIO, Plaintiff V, CARLISLE SYNTEC INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 20054011 CIVIL TERM CIVIL ACTION-LAW JUDGE: KEVIN A. HESS STIPULATION TO A PROTECT)(VE ORDFR PAGE 04 This cause corning before the Court pursuant to a stipulation of the parties and the Court being fully advised in the premises. IT IS HEREBY ORDERED as follows: 1. As used in this Order, "document" means any written, printed, typed, recorded or graphic matter, however produced or reproduced, of any kind or description. 2. As used in this Order, "confidential material" means trade secret or confidential research, development or commercial information and any document, written discovery response, or deposition testimony, or any portion thereof, which contains such information. 3. Any party producing any document may designate any or all portions thereof as confidential material, Any party may designate written discovery responses as confidential material. A party may, within ten (10) days of the completion of a deposition, notify the other parties that the deposition testimony contains confidential material, in which case the entire deposition transcript shall be deemed to be confidential material for thirty (30) days following receipt by the designating party of the deposition transcript. During this period, the designating party shall designate specific portions of the transcript as confidential and, from that point onward, only such designated portions shall be confidential material. ' 01/23/2008 12:57 7172495755 OES PAGE 05 I ,- 4. Only those items, or any portion thereof, which, a party in good faith deems to contain confidential material shall be so designated, and counsel for the designating party shall certify in writing that such counsel is of the belief that the designation has been made in good faith and that there are substantial grounds in law and in fact to support the designation. 5. The designation of confidential material may be made by placing or affixing thereon (in such manner as will not interfere with the legibility thereof) the following notice: CONFIDENTIAL MATERIAL. BY ORDER OF COURT IN CESARIO v. CARLISLE SYNTEC, INC. PROTECTIVE ORDER CIVIL ACTION NO. 2005-4011 The entire document, written discovery response, or deposition transcript containing such notice, and the information contained in such material, shall be treated as confidential unless the party producing it shall clearly indicate thereon that only a portion, of it is to be treated as confidential. 6. Any party may object to the designation of particular material as confidential by giving written notice to all other parties. Such written notice shall identify the material to which the objection is directed. If the objecting and designating parties are unable to resolve their differences within ten (10) days of the time the notice is received, the objecting party may file appropriate papers requesting the Court to rule that the disputed material should not be subject to the protection of this Order. The disputed material shall remain confidential and subject to the terms of this Order unJ.ess and until the Court rules otherwise. 7. Confidential material and any copies thereof, the information contained in such material, and any notes made therefrom shall be disclosed only to attorneys of the parties, the parties or to persons such as secretaries and legal assistants regularly employed in such attorneys' 01/.23/2008 12:57 7172495755 CBS PAGE 06 offices, for use solely in the preparation for trial of this litigation. No copies, abstracts or summaries shall be made except by or on behalf of said attorneys in said offices and such copies, abstracts and summaries shall be treated as confidential material. In the event of disclosure of confidential information to the employee of an attorney, such person or persons shall be provided with a copy of this Protective Order, and shall be bound by its items. In addition, counsel for the party making the disclosure shall advise the person or persons to whom the disclosure is made that, pursuant to this Protective Order, such person may not divulge any such confidential material to any other person or use such material for any purpose other than preparation. for the trial of this case. 9. In the event that any confidential material is included with, or the contents thereof are in any way disclosed in, any pleading, motion, deposition transcript, or other paper filed with this Court, or at trial, such confidential material shall be kept under seal until further Order of this Court, provided, however, that such papers shall be furnished to the Court and attorneys for. the named parties, and a duplicate copy thereof (with the confidential material deleted therefrom) may be placed in the public record. 10. Nothing in this Protective Order shall be deemed to preclude any party from, seeking, on. an appropriate showing, lesser or greater protection with respect to the confidentiality of any document, written discovery response or deposition testimony. 01/23/2008 12:57 7172495755 OBS PAGE 07 11. Neither this Protective Order nor the designation of any form as confidential material shall be construed as an admission that such material, or any testimony in respect of such material in a deposition or otherwise, would be admissible in evidence in this litigation or in any other proceeding. Dated this day of , 2008. ENTER: J. Agreed: 01 2`{ ?a Attorney for Plaintiff J - ?k Agreed: Attorney for Defendant v 09/17/2003 13:17 7172495755 JOSEPH CESARIO, Plaintiff. V. CARLISLE SYNTEC INCORPORATED, Defendant TO THE PROTHONOTARY: OBS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4011 CIVIL TERM CIVIL, ACTION-LAW JURY TRIAL BY TWELVE DEMANDED P CIPE O NTINUUE Please marls the Complaint and Counterclaim filed in the above-captioned matter as having been settled and discontinued with prejudice. ' RIEN, BA & SC R David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant STROKOFF & COWDEN, P.C. -4 CLAM Jenni r Nac kin, Esquire I.D. # 00931 132 State Street Harrisburg, Pennsylvania 17108 (717) 233-5353 Attorney for Plaintiff' ro/Z/mar PAGE 02 dab.dir/litigation/carl.syn/cesario/d iscontinue.pra CERTIFICATE OF SERVICE I hereby certify that on October 6, 2008, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the parry listed below, as follows: Jennifer Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, Penns lvania 17108-1903 David A. Baric, Esquire CZ? S