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HomeMy WebLinkAbout05-6010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Plaintiff, v. RONALD D. HEAD, an individual, Defendant CIVIL DIVISION No. tJS-MJ/O r;q;J Code: COMPLAINT IN EOUlTY Filed on behalf of Plaintiff, CARLISLE SYNTEC INCORPORATED, a Delaware Corporation Counsel of Record for this Party: Maria Greco Danaher, Esquire PA 1.0. No. 47036 Emai!: mdanaher@dmclaw.com Brett W. Farrar, Esquire PA 1.0. No. 79217 Email: bfarrar@dmclaw.com Dickie, McCamey & Chilcote, P.c. Two PPG Place, Suite 400 Pittsburgh, P A 15222-5402 Telephone: 412-281-7272 Fax: 412-392-5367 David A. Baric, Esquire PA 1.0. No. 44853 Email: dbaric@obslaw.com O'Brien, Baric & Scherer 19 West South Street Carlisle, P A ] 7013 Telephone: 717-249-6873 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, ) CIVIL DIVISION a Delaware corporation, ) ) Plaintiff, ) No. ) v. ) Code: ) RONALD D. HEAD, an individual, ) ) Defendant ) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY, OR BY AN ATTORNEY, AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORT ANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OmCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Defendant ) CIVIL DIVISION ) ) ) No. ) ) Code: ) ) ) ) Plaintiff, v. RONALD D. HEAD, an individual, COMPLAINT IN EQUITY AND NOW, comes Plaintiff, Carlisle SynTec Incorporated, by and through its attorneys, Dickie, McCamey & Chilcote, P.c., and files this Complaint in Equity, averring as follows: THE PARTIES I. Plaintiff Carlisle SynTec Incorporated (hereinafter Carlisle) is a corporation organized and existing under the laws of the State of Delaware with its headquarters and principal place of business at 1285 Ritner Highway, Carlisle, PA 17013. 2. Defendant Ronald D. Head (hereinafter Head) is an individual residing at 2803 Sunset Court, P.O. Box 179, Grantham, PA 17027. VENUE AND JURISDICTION 3. Plaintiff Carlisle has its principal place of business in and regularly conducts business in Cumberland County, Pennsylvania. 4. Defendant Head resides in Cumberland County, Pennsylvania. I 5. This Court is an appropriate venue for this Complaint in Equity and this Court can exercise jurisdiction over the Defendant Head. STATEMENT OF FACTS RELATING TO ALL COUNTS 6. Plaintiff is the industry leader in the formulating, development, manufacturing, and selling of Thermoplastic Polyolefin (TPO) roofing systems in the commercial roofing market through out the United States. TPO roofing products are made from plastic resins combined with certain chemicals to enhance fire and weather resis1ance and extruded into sheets which are utilized to cover roofs on commercial structures. 7. Although TPO products employ plastic resms as a common component, TPO products differ in quality by manufacturer throughout the TPO market. This variance between manufacturers' products can be attributed to differences in manufacturing processes, methods and techniques, as well as differences in inventions, formula, including chemical composition, and research. 8. The reputation of Carlisle for its innovative formulating, development, manufacturing, and installation of TPO commercial roofing products IS widely known, and Carlisle has built up substantial good will in this area. In fact, Carlisle's TPO roofing products have an industry leading market share and reputation due to their performance characteristics, including weathering ability, fire resistance, ultra violet resistance, ease of use by roofing contractors and superior quality of installation and finished product. This good will is directly attributed to Carlisle's manufacturing processes, methods and techniques, as well as product research and innovation. 9. Because of Carlisle's excellent performance history and strong reputation in the industry, Carlisle has substantial good will in the market which has enabled it to develop a 2 significant and diverse customer base and to compile and develop specialized and confidential information relating to bidding, sales, costs, overhead, margins, unit pricing, labor productivity rates, marketing strategies and other experiential data relating to TPO commercial roofing products, all of which give Carlisle a valuable competitive business advantage in the TPO commercial roofing market and industry. 10 Defendant Head was employed by Carlisle on June 2. 1998. On that same date, Head executed a Confidentiality Agreement with Carlisle as a condition to his employment which provides that during the course of his employment with Carlisle, Head would be exposed to secret and confidential information which, if known to competitors, would injure Carlisle; that Head would hold in strict confidence and not reveal to any person, firm or corporation the information; that Head would not use the information for his own benefit; that upon leaving Carlisle, Head would not take any written materials and information belonging to or relating to the affairs of Carlisle; and that prior to leaving Carlisle, Head would deliver to Carlisle information, data and materials in his possession or control belonging to or relating to the affairs of Carlisle. (Exhibit A, Confidentiality Agreement) II. Head's most recent position with Carlisle was TPO Sales & Marketing Manager. As such, he was in charge of promoting and spearheading the TPO product line for Carlisle to existing and potential customers. In his position of TPO Sales and Marketing Manger, Head was exposed to, and was entrusted with, Carlisle's confidential and secret information related to, among other things, the confidential and proprietary formulations for the TPO products, research and product innovation, and confidential manufacturing processes regarding the same. In addition, Head was exposed to, and was entrusted with, Carlisle's confidential information relating to bidding, sales, costs, overhead, margins, unit pricing, maTketing strategies and other experiential data. All of this informa1ion that Head was exposed to and entrusted with 3 (collectively the Confidential Trade Secret Information) is analyzed and relied upon in Carlisle's TPO business. 12. The Confidential Trade Secret Information was safeguarded by Carlisle, was not generally known to the public and derived actual and independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who could obtain economic value from its disclosure or use. 13. Head knew and understood that the Carlisle Confidential Trade Secret Information was highly valuable to Carlisle and was not to be disclosed to unauthorized third parties. 14. On or about October 20,2005, Head's employment with Carlisle was terminated. 15. It has since been discovered that Head, prior to his termination, and while still employed by Carlisle, was seen in Carlisle's office on a weekend making copies of unidentified documents, which, upon belief, are, or were at some time, in Head's possession, custody and control. Carlisle is concerned that such documents contain Confidential Trade Secret Information which is highly valuable to Carlisle's business. 16. Carlisle has requested Head to return the unidentified documents to Carlisle and has further requested that no further copies of such documents remain in his possession, custody and control. The documents have not been returned to date. 17. Further, it has been discovered that after Head's departure from Carlisle, Head has been hired by GAF Materials Corporation (hereinafter GAF) to act as Director, Marketing, Single Ply Systems, which would include TPO roofing systems. GAF is a direct competitor with Carlisle in the TPO market and industry. At the time of Head's hire by GAF, GAF was aware that Head had knowledge of, and understood, Carlisle's Confidential Trade Secret Information. 4 18. As such to the extent that Head's job duties relate to TPO roofing products, Head's job responsibilities and knowledge to perform the same at GAF are the same as when working for Carlisle. 19. By virtue of his intimate knowledge of the Confidential Trade Secret Information, including but not limited to, Carlisle's confidential and proprietary formulations for TPO products, research and product innovation, and confidential manufacturing processes, as well as bidding, sales, costs, overhead, margins, unit pricing, marketing strategies and other experiential data regarding the same, Head is unable to perform his job duties with GAF and its TPO product line without improperly and inevitably using, drawing on, or disclosing the Carlisle Confidential Trade Secret Information. 20. Upon information and belief, Head already has, or inevitably will, improperly use and/or rely upon Carlisle's Confidential Trade Secret Information for his own benefit to the harm and detriment of Carlisle. 21. Accordingly, the use and reliance upon the Carlisle Confidential Trade Secret Information by Head has allowed and will continue to allow him to unfairly compete with Carlisle without the burden of developing such information and data over time as Carlisle did. 22. Upon information and belief, Head will, unless enjoined and restrained, continue to unfairly compete with Carlisle relying upon Carlisle Confidential Trade Secret Information in direct competition with Carlisle. 23. Unless the relief requested herein by Carlisle is granted, Carlisle will suffer immediate, serious and irreparable harm, including, but not limited to, damage to its business reputation and good will. Carlisle is without an adequate remedy at law. 5 COUNT I MISAPPROPRIATION OF TRADE SECRETS (Ronald D. Head) 24. The averments of paragraphs I through 23 hereof are incorporated herein by reference as if set forth in their entirety. 25. As set forth above, while employed by Carlisle, Head had access to and came to possess all of the Confidential Trade Secret Information of Carlisle all of which derived actual and/or potential economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 26. Head had and has a statutory obligation pursuant to the Pennsylvania Uniform Trade Secrets Act (the "Act"), 12 Pa.C.S. ~ 5301 et. seq., not to misappropriate the Carlisle Confidential Trade Secret Information. 27. By engaging in the conduct described above, Head has improperly and unlawfully disclosed, used and relied upon, and continues to improperly and unlawfully disclose, use and rely upon Carlisle's Confidential Trade Secret Information, knowing or having reason to know that the Carlisle Confidential Trade Secret Information was acquired by him under circumstances giving rise to a duty on his part to maintain its secrecy and limit its use, for his own financial benefit and/or the financial benefit of GAF without the express or implied consent of Carlisle. 28. By engaging in the conduct described above, Head has intentionally, willfully, and maliciously misappropriated and misused the Carlisle Confidential Trade Secret Information in violation of the Act. 29. As a result of this conduct, Carlisle has suffered and, unless Head is enjoined and restrained as requested, will continue to suffer immediate, serious and irreparable harm for which Carlisle has no adequate remedy at law. 6 WHEREFORE, Carlisle requests that an injunction issue pursuant to 12 Pa.C.S. ~5303(a), preliminarily until final hearing and permanently thereafter: a. enjoining and restraining Head from using for himself and/or others, including, but not limited to, GAF and/or divulging to others, including, but not limited to, GAF, any Confidential Trade Secret Information of Carlisle; b. enjoining and restraining Head from unfairly competing with Carlisle reI ying upon Carlisle Confidential Trade Secret Information; c. ordering Head to rerum and account for any and all Confidential Trade Secret Information of Carlisle in his possession or control including that information which Head has heretofore disclosed or provided to third parties; d. ordering Head to return and account for any and all Confidential Trade Secret Information of Carlisle in his possession or control including that information which Head copied and removed from Carlisle prior to his termination; e. enjoining and restraining Head from becoming employed and/or retained by GAF; f. ordering Head to pay to Carlisle compensatory damages, costs and attorneys' fees in excess of $35,000 in this action; and g. awarding Carlisle such other and further relief as this Court may deem just and proper. COUNT II BREACH OF CONTRACT (Ronald D. Head) 30. The averments of paragraphs I through 29 hereof are incorporated herein by reference as if set forth in their entirety. 31. Under the express terns and conditions of the June 2, 1998 Confidentiality Agreement between Carlisle and Head, Head agreed that he would hold in strict confidence and not reveal to any person, firm or corporation Carlisle's Confidential Trade Secret Information; that he would not use this information for his own benefit; that upon leaving Carlisle, he would not take any written materials and information belonging to or relating to the affairs of Carlisle; 7 and that prior to leaving Carlisle, he would deliver to Carlisle information, data and materials in his possession or control belonging to or relating to the affairs of Carlisle. (Exhibit A, Confidentiality Agreement) 32. By engaging in the conduct described in this Complaint, Head has materially breached the terms and conditions of the Confidentiality Agreement. Said breaches have directly resulted in Carlisle suffering financial damages which have exceeded $35,000. 33. Despite these material breaches, Head has refused to remedy his failure to adhere to the terms of the Confidentiality Agreement. WHEREFORE, Carlisle demands judgment against Head in an amount in excess of $35,000, plus interest, attorney's fees, costs, and any other amounts deemed appropriate by this Court. Respectfully submitted, Respectfully submitted, , McCAMEY ~ "COTE, P.C. , ;(114- Maria Greco Danaher, Esqui PA. I.D. #47036 Brett W. Farrar, Esq. PA. I.D. #79217 B B David A. Baric, Esquire PA I.D. No. 44853 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Attorneys for Plaintiff 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorneys for Plaintiff 8 VERIFICATION I, N,c,l1ol,k) -1. SH-€I/R'? , of Carlisle SynTec Incorporated, have read the foregoing Complaint in Equity. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. ^-/ ~ DATED 'I/'L-I/O(" r ~: Carlisle Synlec Systems emmm - C.'Uale SynTec Systems D1Ylaion of Carlisle Corporation P. O. Box 7000 . CarlIS,., PA 17013 (717) 245-7000 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 Systems. 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 benefit any secret or confidential information obtained during the course of your employment with the Company 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 an officer 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 not withstanding 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 yoll 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. This duty of disclosure shall appiy to inventions conceived while you are employed by The Technical Connection but not disclosed or executed until after terminaiion oftbat employment. This duty of disclosure shall be obligatory whether or not the work resulting in the invention took place during your regular hours of work. This duty of disclosure shall be obligatory if the invention directly or indirectly related to or is capable of being used i~ conn~tion with (a) the business of the Company, or (b) products, processes; 'or:machines lieiitg developed for Exhibit "A" r r- " , future use of the. Company. , :--...-..-,,.-..... ." 4 Y iM' ..... W"h r '!il ~lr j ~ ...._~..__.J?l\>>; .ilJ~~,yOYI.~~)~J.~!1t',~'1l ;'l.:s..{f<l'!lf'ro... . ),'1&0. ..-.-- pursuant to aragrap ereo a w c lrect y or m lrec y re ate to or may be capable of being used in connection with the business of the Company; and you will assist the Company and its attorneys in handling patent application or any other matters connected with the transfer of the invention to 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. 1. 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 nay of the terms hereof. the Company shall be entitled to enforce this Agreement by way of injunction in addition to any other remedies it maf1i:i: entitled 10 either at law or equity. In the event that any provision of the Agreement is declared unenforceable or yoid, 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 delivered to the Company and the other to the Employee. CARLISLE SYNTEC SYSTEMS Accepted: ?~f)'}L/ Date: b -J -'17f CONFroEN."l!CI' ~ -.- \~ " "-. ' --.J '0- ~ Ii,' -- ~ IJ' '\ .-----.-... ,-,\", \.J'... ':'\ ,\ ':::J ':: \ '" .J'.. \:'> '0 ~ \-.. \, .~, o " '4.. '" '~ ,~ ~ ~. ~ ~,~ ~ l ,-, . - ~> ~ --~ .. .: \ ,';: ,.~.. c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware corporation, CIVIL DIVISION No. oS' WID Plaintiff, Code: v. RONALD D. HEAD, an individual MOTION FOR PRELIMINARY OR SPECIAL INJUNCTION Defendant Filed on behalf of Plaintiff, CARLISLE SYNTEC INCORPORATED, a Delaware Corporation Counsel of Record for this Party: Maria Greco Danaher, Esquire PA LD. No. 47036 Email: mdanaher@dmclaw.com Brett W. Farrar, Esquire PA I.D. No. 79217 Email: bfarrar@dmclaw.com Dickie, McCamey & Chilcote, P.c. Two PPG Place, Suite 400 Pittsburgh, P A 15222-5402 Telephone: 412-281-7272 Fax: 412-392-5367 David A. Baric, Esquire PA LD. No. 44853 Email: dbaric@obslaw.com O'Brien, Baric & Scherer 19 West South Street Carlisle, P A 17013 Telephone: 717-249-6873 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant ) CIVIL DIVISION ) ) ) No. ) ) Code: ) ) ) ) CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Plaintiff, v. RONALD D. HEAD, an individual, MOTION FOR PRELIMINARY OR SPECIAL INJUNCTION AND NOW comes Plaintiff, Carlisle SynTec Incorporated (hereinafter Carlisle) by its attorneys, Dickie, McCamey & Chilcote, P.c., and files this Motion for Preliminary or Special Injunction averring as follows: 1. In support of this Motion for Preliminary or Special Injunction, Plaintiff incorporates herein its Complaint In Equity filed in this action as if the same were fully set forth herein at length. 2. A proposed Order of Court is attached. WHEREFORE, Carlisle moves this Honorable Court for a Preliminary or Special Injunction against Defendant Ronald D. Head (hereinafter Head) a. enjoining and restraining Head from using for himself and/or others, including, but not limited to, GAF and/or divulging to others, including but not limited to, GAF, any Confidential Trade Secret Information of Carlisle; b. enjoining and restraining Head from unfairly competing with Carlisle relying upon Carlisle Confidential Trade Secret Information; c. ordering Head to return and account for any and all Confidential Trade Secret Information of Carlisle in his possession or control including that information which Head has heretofore disclosed or provided to third parties; d. ordering Head to return and account for any and al1 Confidential Trade Secret Information of Carlisle in his possession or control including that information which Head copied and removed from Carlisle prior to his termination; e. enjoining and restraining Head from becoming employed and/or retained by GAF; f. awarding Carlisle such other and further relief as this Court may deem just and proper. Respectful1y submitted, ::C~71~PC;07 Maria Greco Danaher, Esquire I PA. 1.0. #47036 Brett W. Farrar, Esq. PA. 1.0. #79217 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 OB~AIDjJ7fi, By 'U1Uw David A. Baric, Esquire PA 1.0. No. 44853 19 West South Street Carlisle, P A 17013 (717) 249-6873 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant ) CIVIL DIVISION ) ) ) No. ) ) Code: ) ) ) ) CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Plaintiff, v. RONALD D. HEAD, an individual, ORDER OF COURT AND NOW, to-wit, this day of November, 2005, upon consideration of Plaintiffs Motion for Preliminary or Special Injunction ("Motion"), IT IS ORDERED that said Motion be and hereby is GRANTED and it is hereby ORDERED, ADJUDGED and DECREED that: Defendant Ronald D. Head is hereby ENJOINED, DIRECTED AND RESTRAINED: a. from using for himself, and/or divulging to others, all Confidential Trade Secret Information (as defined in the Complaint In Equity) of Carlisle; b. from unfairly competing with Carlisle relying upon Carl isle Confidential Trade Secret Information (as defined in the Complaint in Equity); c. from Head becoming employed and/or retained by GAF; d. to return and account for any and all Confidential Trade Secret Information of Carlisle in his possession or control including that information which Head has heretofore disclosed or provided to third parties; e. to return and account for any and all Confidential Trade Secret Information of Carlisle in his possession or control including that information which Head copied and removed from Carlisle prior to his termination. A hearing on the continuance of the injunction shall be held before the Court on at BY THE COURT, 2 CERTIFICATE OF SERVICE I hereby certify that on November 22,2005, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy ofthe Motion For Preliminary Or Special Injunction, by first class U.S. mail, postage pTepaid, to the party listed below, as follows: Ronald D. Head 1803 Sunset Court P.O. Box 179 Gr,.tlomP&::t /;1. David A. Baric, Esquire ,~...~. (1 -~') i\\ . p, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware Corporation, CIVIL DIVISION Plaintiff ) ) ) ) ) ) ) ) NO. 05-6010 v. RONALD D. HEAD, an individual, Defendant MOTION FOR EXPEDITED DISCOVERY AND NOW, comes Plaintiff, Carlisle SynTec Incorporated (heTeinafteT Carlisle), by its attorneys, Dickie, McCamey & Chilcote, P.C., and files this Motion For Expedited Discovery averring as follows: I. On or about November 21,2005, Plaintiff filed a verified Complaint in Equity and on November 22, 2005, filed a Motion For Preliminary or Special Injunction along with other related pleadings seeking pTeliminary and permanent relief to, inter alia, prohibit Defendant Ronald D. Head (hereinafter Head) from disclosing, divulging or using Plaintiffs Confidential Trade Secret Information. 2. On November 22,2005, Plaintiff forwarded its First Set OfInterrogatories and Request For Production Of Documents to the Defendant. (A true and correct copy of which is attached hereto as Exhibit A.) 3. Discovery on an expedited basis is needed so that Plaintiff may adequately prepaTe for the hearing on Plaintiffs Motion For Preliminary or Special Injunction. 4. In further support of this Motion, Plaintiff incorporates herein by reference the averments of the verified Complaint in Equity and Motion for Preliminary or Special Injunction as if the same were fully set forth herein at length. 5. Accordingly, Plaintiff respectfully requests that the Court order discovery taken on the following expedited basis: (a) discovery, including but not limited to, document productions and depositions (including depositions of Head and GAF Materials Corporation's personnel, officers and/or agents) is permitted to begin immediately; (b) responses to served discovery requests, induding, but not limited to Plaintiff's First Set of Interrogatories and Requests for Production of Documents, shall be served within three (3) business days of service; (c) noticed depositions shall commence within three (3) business days of notice; (d) Defendant shall produce the documents and things set forth and defined in Plaintiff's First Set of Interrogatories and Requests for Production of Documents by 9:00 a.m. on Wednesday, November 25, 2005, at the offices of Dickie, McCamey and Chilcote, P.c. located at Two PPG Place, Suite 400, Pittsburgh, PA 15222; (e) Defendant shall produce all Computer Data responsive to Plaintiff's First Set of Interrogatories and Requests for Production of Documents at the same place and time as set forth in subparagraph (d); and (f) Defendant shall maintain and protect in their present state from destruction, deletion, modification, or alteration each and every of the Computer Data, as defined in Plaintiff's First Set of Interrogatories and Requests for Production of Documents, within his possession, custody and/or control. 2 6. A proposed Order of Court is attached. Respectfully submitted, :J;i:/:f7!/C Maria Greco Danaher, Esquire PA. LD. #47036 Brett W. Farrar, Esq. PA. LD. #79217 Two PPG Place, Suite 400 Pittsburgh, P A 15222-5402 (412) 281-7272 BARI~&W By j~ David A. Baric, Esquire PA LD. No. 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorneys for Plaintiff 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Defendant ) CIVIL DIVISION ) ) ) No. ) ) Code: ) ) ) ) Plaintiff, v. RONALD D. HEAD, an individual ORDER OF COURT AND NOW, to-wit, this __ day of November, 2005, upon consideration of Plaintiffs Motion for Expedited Discovery, it is hereby ORDERED that said Motion be and hereby is GRANTED. It is further ORDERED that: (a) discovery, including bu1 not limited to, document productions and depositions (including depositions of Head and GAF MateTials Corporation's personnel, officers and/or agents) is permitted to begin immediately; (b) responses to served discovery requests, induding, but not limited to Plaintiff's First Set of Interrogatories and Requests for Production of Documents, shall be served within three (3) business days of service; (c) noticed depositions shall commence within three (3) business days of notice; (d) Defendant shall produce the documents and things set forth and defined in Plaintiff s First Set of Interrogatories and Requests for Production of Documents by 9:00 a.m. on Wednesday, November 25, 2005, at the offices of Dickie, McCamey and Chilcote, P.C. located at Two PPG Place, Suite 400, Pittsburgh, P A 15222; (e) Defendant shall produce all Computer Data responsive to Plaintiff s First Set of Interrogatories and Requests for Production of Documents at the same place and time as set forth in subparagraph (d); and (f) Defendant shall maintain and protect in their present state from destruction, deletion, modification, or alteration each and every of the Computer Data, as defined in Plaintiff's First Set of Interrogatories and Requests for Production of Documents, within his possession, custody and/or control. BY THE COURT, J. 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CARLISLE SYNTEC INCORPORATED, a Delaware corporation, CIVIL DIVISION Plaintiff, No. v. Code: RONALD D. HEAD, an individual, Defendant PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS Filed on behalf of Plaintiff, CARLISLE SYNTEC INCORPORATED, a Delaware Corporation Counsel of Record for this Party: Maria Greco Danaher, Esquire PA I.D. No. 47036 Email: mdanaher@dmc1aw.com Brett W. Farrar, Esquire PA I.D. No. 79217 Email: bfarrar@dmclaw.com Dickie, McCamey & Chilcote, P.c. Two PPG Place, Suite 400 Pittsburgh, P A 15222-5402 Telephone: 4] 2-28] -7272 Fax: 412-392-5367 David A. Baric, EsquiTe PA I.D. No. 44853 Email: dbaric@obslaw.com O'Brien, Baric & Scherer ] 9 West South Street Carlisle, PA 17013 Telephone: 717-249-6873 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Defendant ) CIVIL DIVISION ) ) ) No. ) ) Code: ) ) ) ) Plaintiff, v. RONALD D. HEAD, an individual PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REOUESTS FOR THE PRODUCTION OF DOCUMENTS AND NOW comes Plaintiff, Carlisle SynTec IncorpoTated (heTeinafter Carlisle), by its attorneys, Dickie, McCamey & Chilcote, P.c. and pursuant to the Pennsylvania Rules of Civil Procedure serves the following First Set Of Interrogatories and Requests For The Production of Documents (collectively "Discovery Requests") upon Defendant, Ronald D. Head. As these Discovery Requests are made in order to prepare for the hearing on Plaintiffs Motion for Preliminary or Special Injunction, Plaintiff requests a response to these Discovery Requests on or before November 25 2005, or as otherwise directed by this Court. GENERAL INSTRUCTIONS 1. Each Discovery Request must be answered in full and under oath. 2. Where any knowledge or information in Defendant's possession is requested, such request includes information in the custody, possession or control of Defendant's employees, agents, consultants, attorneys, accountants, associated or related organizations, entities and/or predecessors in interest, and all other representatives. 3. Whenever a Discovery Request is framed in the conjunctive, it also shall be taken in the disjunctive, and vice versa. 4. Whenever a Discovery Request is framed in the singular, it shall also be taken in the plural, and vice versa. 5. The use of any tense of any verb shall be considered to include within its meaning all other tenses of the verb. 6. To the extent that you consider any of these Discovery Requests or subparts 1hereof to be objectionable, answer that portion of the Discovery Request or subpart thereof to which Defendant has no objection. Separately identify the portion of the Discovery Request or subpart thereof to which Defendant lodges an objection and state the specific grounds on which you base the objection. For any response wherein information or documents are withheld OT qualified under a claim of privilege, specify the nature and specific factual basis of the claim of privilege and identify each person who has the knowledge to respond to the Discovery Request for which a privilege is being asserted. 7. If a refusal to answeT a Discovery Request is stated on the grounds of burdensomeness, identify the number and nature of inquiries needed to be made and/or documents needed to be searched, the location of the persons and/or location and present custodian of the documents, and the estimated number of hours and the cost which would be requiTed to conduct the inquiries and/oT search. 8. Defendant is obligated to conduct a reasonable inquiry in order to answer each Discovery Request and if, thereafter, Defendant still is unable to respond, state all efforts made by Defendant to obtain the requested information. In the event that Defendant's answer to any 2 Discovery Request is "Do No1 Know" or "Unknown" or any other similar phrase or answer, explain in detail all efforts made by Defendant to obtain an answer to that Discovery Request. 9. These Discovery Requests are continuing in nature and your answers must be modified or supplemented promptly if and when Defendant obtain relevant information falling within the scope of these Discovery requests in addition to or in any way inconsistent with Defendant's answeT to any Discovery Request. DEFINITIONS A. The term "person" shall mean natural persons, firms, proprietorships, associations, partnerships, corporations and every other type of organization or entity, whether governmental or private. B. The terms "document" or "documents" whenever used heTein shall be construed in the broadest sense under the Pennsylvania Rules of Civil Procedure and includes any written recorded, or graphic matter, however produced or reproduced, including but not limited to correspondence (whether or not sent), electronic mail, telegrams, telexes, and other written communications, contracts, agreements, valuations, evaluations, invoices, notes, memoranda, ledgers, books of record, journals, analyses, telephone records, work papers, drawings, specifications, diaries, calendars, microfilm, floppy disks or other computer disks, computer t.apes, computer printouts, ph010copies, slides, motion pictures, video tapes, audio tapes, electronic data, minutes of meeting, drawings, designs or any other writings, including copies of any of the foregoing, now in t.he possession, custody or cont.rol of plaintiff or its attorneys, accountants, directors, officers, employees, agents or representatives. See Rule 4009(a)( I); C. The term "identify", when referring to a person or persons, means to state the current name, address and telephone number of the person about whom the information is 3 sought. When referring to individuals, please state the name of their present or last-known employer, their office or title, if any, and their job description. Also, please state the nature and dates of their affiliation with any party to this litigation and their office or title, job description and duties during such affiliation. D. The term "identify", when used with respect to an act (including an alleged omission), communication, occurrence, statement or conduct (herein collectively called "act"), means to: (I) describe the substance of the event or events constituting such act and state the date when, and place where, such act occurred; (2) identify every person participating in such act; (3) identify all other persons (if any) present when such act occurred; (4) state whether any document relating or referring to, or reflecting, such act was made; (5) state whetheT such document now exists; and (6) identify the person or persons presently having possession, custody or control of each such document. E. The term "identify", when referring to a document, means to provide, as to each document, the following information: (I) its description (e.g., letter, report, memorandum, etc.) (2) its date; (3) its title, if it has one, all identifying numbers, if any, all other identifying or categorizing designations, and a brief description of it (such as letter, memorandum, manuscript, notes, e1c.); (4) its subject matter; 4 (5) the name, title and address of each person who wrote, signed, initialed, dictated or otherwise participated in the creation of the document; (6) the name, title and address of each addressee, and of each other person receiving a copy of it; (7) its present location, and the name and address of its present custodian; (8) if the document is not an original, the name and address of the custodian of the original; and (9) any other designation necessary to sufficiently identify the document so that a copy of it may be oTdered OT obtained from its custodian. If any such document was but is no longer in your possession, custody or control, or in existence, state its present location or the date and manner of its disposition. F. The term "including" shall mean "including without limitation". G.. The terms "relate", "refer", "reflect" and any forms thereof shall be construed in the broadest sense to mean constituting, reflecting, representing, supporting, contradicting, referring to, stating, describing, recording, noting, embodying, containing, mentioning, studying, analyzing, discussing, evaluating, or relevant to. As indicated, the terms necessarily include information which is in opposition to as well as in support of your position(s) and claim(s) in this action. H. The term "communication" shall mean any transmission of information the information transmitted, and any process by which infonnation is transmitted, and shall include written communications and oral communications. 1. "Head" shall refer to Defendant, Ronald D. Head. J. Other than specified differently herein, all capitalized terms shall have the meaning ascribed 10 them in the verified Complaint in Equity. 5 INTERROGATORIES 1. Identify all fact witnesses Defendant may call at the hearing on Plaintiff s Motion for Preliminary or Special Injunction and describe in detail the facts to which they will provide testimony. ANSWER: 2. Identify each person whom Defendan1 has consulted or retained as an expert for purposes of this litigation. With respect to each expert so identified: (a) provide a complete statement of all opinions 10 be expressed by your expert and the basis and the reasons for such opinions; (b) identify the data or information the expert considered in forming the opinion; (c) identify any exhibits to be used as a summary of or support for the opinion; (d) describe the expert's qualifications; (e) provide a list of all publications authorized by the expert witness within the preceding ten years; (f) state the amoun1 of compensation to be paid for the expert's study and testimony; and (g) list all other cases in which the expert has testified at trial or by deposition within the preceding four years. ANSWER: 3. Identify all exhibits Defendant may seek to introduce into evidence at the hearing on Plaintiffs Motion for Preliminary or Special Injunction. ANSWER: 4. Identify all communications by and between Head and GAF regarding the Confidential Trade Secret Information of Carlisle, as defined in paragraph 13 of the Complaint in Equity. ANSWER: 6 5. Identify all communications by and between Defendant and any other person(s) regarding the Confidential Trade Secret Information of Carlisle, as defined in paragraph 13 of the Complaint in Equity. ANSWER: 6. Identify aU communications by and between Head and GAF regarding Head's employment application to GAF, prospective employment with GAF, interview(s) for employment with GAF, GAP's offer of employment to Head, Head's acceptance of employment offer from GAF, GAF's decision to offer employment to Head, GAF's offer of employment to Head and/or any other communication related to Head's employment with GAF. ANSWER: 7. Identify aU Confidential Trade Secret Information of Carlisle, as defined in paragraph 13 of the Complaint in Equity, in Head's possession, custody and/or control as of October 20, 2005 and/or at any time thereafter. ANSWER: 8. Identify Head's current tille with GAF and any other titles Head has held with GAF at any time. ANSWER: 7 9. Identify and describe in detail Head's current job description, duties and/or responsibilities as an employee of GAP. ANSWER: 10. Identify Head's current supervisor(s) and any other supervisor(s) to whom Head reported during his employment with GAP. ANSWER: 11. Identify all individuals supervised, diTectly OT indiTectly, by Head at any lime during his employment with GAP. ANSWER: 12. Identify all personal computers (including, but not limited to, home computers and/or laptop computers) which Head has used in the past six (6) months, including the make, model and present location of same. ANSWER: 8 13. Identify all computers issued and/or assigned to Head by GAF (including, but not limited to, desktop computers and/or laptop computers) which Head has used in the past six (6) months, including the make, model and present location of same. ANSWER: 14. Identify all PDAs, Blackberry devices and/or any other portable electronic devices issued and/oT assigned to Head by GAF which Head has used in the past six (6) months, including the make, model and present location of same. ANSWER: 15. Identify all cell phone providers, cell phone numbers, and all local and long distance telephone providers used by Head during the previous 6 months. ANSWER: 16. Identify all internet and e-mail accounts utilized by Head during the previous 6 months. ANSWER: 9 17. Identify all communications by and between Head and GAF regarding Head's Confidentiality Agreement with Plaintiff. ANSWER: II. DOCUMENTS AND THINGS REOUESTED A. Documents and things to be produced by Defendant at the offices of Dickie, McCamey and Chilcote, PC located at Two PPG Place, Suite 400, Pittsburgh, PA 15222 on or before November 25, 2005. Unless otherwise specified in 1he Definitions, capitalized terms shall have the meaning ascribed to them as set forth in the verified Complaint in Equity. 1. All documents, including but not limited to, correspondence, memoranda, data, e- mail OT other communications and Computer Data, as defined herein, that relate to Head's employment with GAF and/or Head's performance of duties while at GAP. RESPONSE: 2. All documents referring or relating in any way to Plaintiff or its business, business operations, strategies, bids, the Confidential Trade Secret Information and all documents and tangible things which Head copied and/or received, either directly or indirectly, from Plaintiff in Head's possession, custody and/or control within the past six (6) months. RESPONSE: 3. All documents or things which are or relate to the property of Plaintiff including the Confidential TTade Secret Infonnation. RESPONSE: 4. All (personal and business) day planners, date books, calendars and/or diaries of Head since May 1, 2005. RESPONSE: 5. All documents referring or relating to any communications between and/or among Head and OAF relating in any way to Plaintiff or its business, business operations, strategies, bids and/or the Confidential Trade Secret Infonnation RESPONSE: 6. All documents reflecting, referring and/or relating to the infonnation and data used by and/or relied upon by Head in the performance of his duties as an employee of OAF. RESPONSE: 7. All cell phone records in the name of Head from May I, 2005 to present. RESPONSE: 2 8. All documents reflecting and/or relating to all internet service providers utilized by Head from May 1,2005 to present. RESPONSE: 9. All documents reflecting and/or related to, all business plans, strategic plans, financial statements, financial statements, financial models, business projections, growth projections, market research and/or the creation and/or operation and/or business activities of GAF since it employed Head. RESPONSE: 10. All documents in any way related to the answers provided to the Interrogatories set forth above. RESPONSE: B. Comuuter Data to be produced by Defendant at the offices of Dickie, McCamey and Chilcote, PC located at Two PPG Place, Suite 400, Pittsburgh, PA 15222 on or before November 25,2005. 3 1. All Computer Data, including any computer(s) (PC's, laptops, or other computer devices, hard drives, servers, tapes, and/or networks), PDAs and/or Blackberry devices that are within Head's possession or control upon which Head has performed any work or has transmitted or inputted any information including, but not limited to, information in any way reflecting, regarding and/or related to the Confidential Trade Secret Information and/or anything related to the Requests for the Production of Documents and Interrogatories set forth above. RESPONSE: Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.c. By Maria Greco Danaher, Esquire PA. LD. #47036 Brett W. Farrar, Esq. PA. J.D. #79217 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 O'BRIEN, BARIC & SCHERER By David A. Baric, Esquire PA J.D. No. 44853 19 West South Street Carlisle, P A 170 \3 (717) 249-6873 Attorneys for Plaintiff 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing First Se1 of Interrogatories and Requests for Production of documents was served upon Defendant by U.S. First Class, postage prepaid on this day of November, 2005 at the following addresses: Ronald D. Head 1803 Sunset Court P. O. Box 179 Grantham, PA 17017 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on November 22, 2005, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion For Expedited Discovery, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Ronald D. Head 1803 Sunset Court P.O. Box 179 G=<>='P:5:;1 / d David A. Baric, Esquire _.-"e'" , T1 :::-1 ;-.... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Plaintiff, v. RONALD D. HEAD, an individual, Defendant CIVIL DIVISION No. Code: EMERGENCY MOTION TO COMPEL DEFENDANT TO PRODUCE COMPUTERS FOR FORENSIC EXAMINATION Filed on behalf of Plaintiff, CARLISLE SYNTEC INCORPORATED, a Delaware Corporation Counsel of Record for this Party: Maria Greco Danaher, Esquire PA LD. No. 47036 Email: mdanaher@dmc1aw.com Brett W. Farrar, Esquire PA LD. No. 79217 Email: bfarrar@dmc1aw.com Dickie, McCamey & Chilcote, P.c. Two PPG Place, Suite 400 Pittsburgh, P A 15222-5402 Telephone: 412-281-7272 Fax: 412-392-5367 David A. Baric, Esquire PA I.D. No. 44853 Email: dbaric@obslaw.com O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Telephone: 717-249-6873 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant ) CIVIL DIVISION ) ) ) No. ) ) Code: ) ) ) ) CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Plaintiff, v. RONALD D. HEAD, an individual, EMERGENCY MOTION TO COMPEL DEFENDANT TO PRODUCE COMPUTERS FOR FORENSIC EXAMINATION AND NOW COMES Plaintiff, CARLISLE SYNTEC INCORPORATED ("Carlisle"), by its counsel, Dickie, McCamey & Chilcote, P.C., and pursuant to the Pennsylvania Rules of Civil Procedure, moving this Honorable Court to Compel Defendant to Produce Computers for Forensic Examination and in support thereof states as follows: 1. On November 21, 2005, Plaintiff filed a verified Complaint in Equity and served a Motion for Preliminary or Special Injunction along with other related pleadings seeking limited preliminary and permanent relief to inter alia, prohibit Defendant Ronald D. Head from disclosing, divulging or using Plaintiffs' Confidential Trade Secret Information. In further support of this Motion, Plaintiff incorporates herein by reference the averments of the Complaint as if the same were fully set forth herein at length. All capitalized terms shall have the meaning ascribed to them in the Complaint unless otherwise designated. 2. Discovery on an expedited basis is needed so that Plaintiff may adequately prepare for a Hearing on its Motion for Preliminary or Special Injunction. . 3. The immediate recovery and preservation of the computer data in the possession and control of Defendant is of critical importance because while he was employed by Plaintiff, Head performed work on behalf of Plaintiff which works entailed his use of Plaintiffs Confidential Trade Secret Information. 4. In addition to written and documentary discovery, Plaintiff seeks to secure the computers used by Defendant so that Plaintiffs computer consultant may make an electronic image copy of the hard drive(s) in order to perform forensic analysis of the same. 5. Making an electronic image copy of the Defendant's computer drives is essential to conducting a full and complete search for and examination of the computer data within the possession, custody and control of the Defendant. An electronic image of the computer drives creates an exact replica of the physical drive(s) in question as of that time. The electronic image can then be searched while the original can be escrowed so that data alteration does not occur. 6. By making an electronic image of the drive(s) Plaintiffs consultant can search through the files, documents and images, etc. contained within the vast cyberspace of the computer drive without altering key properties of the source such as time of last access, time of last modification etc. Commonly, when a file is opened by an application, certain properties are automatically overwritten to indicate that they have been changes. This has the potential of destroying evidence. 7. In addition, the electronic image can be manipulated to allow for recovery of lost, damaged or deleted files, file fragments and hidden files created by applications such as web- browsing or e-mailing.This recovered information can provide valuable information as to the process by which potential evidence was acquired or created, manipulated, and in some cases, deliberately or accidentally deleted. 2 8. Moreover, forensic evaluation of the physical image can help determine whether there was good faith compliance with the terms of the Discovery Order. For instance, a sophisticated user may be able to delete and then forensically wipe clean the evidence, but rarely can the fact that this has been done be hidden from a seasoned investigator. Every user has a recognizable pattern of usage that can be used to establish a profile of that user. Unexplained gaps in the patterns can indicate variations in behavior suggestive of deliberate attempts to alter or delete what may be evidence. Such gaps cannot be detected except through examination of the electronic forensic image. 9. Accordingly, making an electronic image of the computer hard drive(s) of the Defendant IS the only way to ensure that Plaintiff is afforded a full and fair opportunity to examine, inspect and analyze Defendant's computers for evidence of the presence of Plaintiffs Confidential Trade Secret Information and/or other discoverable evidence. 10. Moreover, it would be unfair and prejudicial to permit Defendant, or even Defendant's computer consultants to search, on their own, for categories of information sought and refuse to permit Plaintiff to make and retain the electronic image of the entire hard drive(s). This would be as prejudicial to the interests of justice as it would be if the police in executing a search warrant on a target's home for contraband let the target conduct the search alone and report the results to the police. 11. Any concerns for the protection of information on these computers that is not related to this case can be solved with the entry of a protective order. 12. Accordingly, Plaintiff respectfully requests that the Court enter an Order to compel Defendant to make each and every computer within his possession, custody and control immediately available to Plaintiff and/or Plaintiffs computer consultant so that Plaintiffs 3 computer consultant can make electronic image copies of those computer hard drive(s) and perform forensic examination and investigation of the same. 17. A proposed Order of Court is attached. Respectfully submitted, ::C~#7I,P)7 Maria Greco Danaher, Esquire ' PA. LD. #47036 Brett W. Farrar, Esq. PA. LD. #79217 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 :~~?;1, David A. Baric, Esquire PA LD. No. 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorneys for Plaintiff 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant ) CIVIL DIVISION ) ) ) No. ) ) Code: ) ) ) ) CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Plaintiff, v. RONALD D. HEAD, an individual, ORDER OF COURT AND NOW, to-wit, this __ day of , 2005, upon consideration of Plaintiff's Emergency Motion to Compel Defendant to Produce Computers for Forensic Examination, it is hereby ORDERED that said Motion be and hereby is GRANTED. It is further ORDERED that Defendant Ronald D. Head is directed to immediately make each and every computer within his possession, custody and control available to Plaintiff and/or Plaintiff's computer consultant on or before the close of business on ,so that Plaintiff's computer consultant can make electronic image copies of those computer hard drive( s) and perform forensic examination and investigation of the same. BY THE COURT, CERTIFICATE OF SERVICE I hereby certify that on November 22,2005, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Emergency Motion To Compel Defendant To Produce Computers For Forensic Examination, by first class U. S. mail, postage prepaid, to the party listed below, as follows: Ronald D. Head 1803 Sunset Court P.O. Box 179 Grantham, Pen sylvania 17017 David A. Baric, Esquire 'n f'_,:; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Plaintiff, v. RONALD D. HEAD, an individual, Defendant CIVIL DIVISION No. tJS-~/)IO eq;J Code: COMPLAINT IN EOUlTY Filed on behalf of Plaintiff, CARLISLE SYNTEC INCORPORATED, a Delaware Corporation Counsel of Record for this Party: Maria Greco Danaher, Esquire PA LD. No. 47036 Email: mdanaher@dmclaw.com Brett W. Farrar, Esquire PA LD. No. 79217 Email: bfarrar@dmclaw.com Dickie, McCamey & Chilcote, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Telephone: 412-281-7272 Fax: 412-392-5367 David A. Baric, Esquire PA LD. No. 44853 Email: dbaric@obslaw.com O'Brien, Baric & Scherer 19 West South Street Carlisle, P A 17013 Telephone: 717-249-6873 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Defendant ) CIVIL DIVISION ) ) ) No. ) ) Code: ) ) ) ) Plaintiff, v. RONALD D. HEAD, an individual, NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY, OR BY AN ATTORNEY, AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORT ANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Defendant ) CIVIL DIVISION ) ) ) ) ) ) ) ) ) No. (:).)" J (" OlD lW'~ Plaintiff, v. Code: RONALD D. HEAD, an individual, COMPLAINT IN EOUlTY AND NOW, comes Plaintiff, Carlisle SynTec Incorporated, by and through its attorneys, Dickie, McCamey & Chilcote, P.c., and files this Complaint in Equity, averring as follows: THE PARTIES 1. Plaintiff Carlisle SynTec Incorporated (hereinafter Carlisle) is a corporation organized and existing under the laws of the State of Delaware with its headquarters and principal place of business at 1285 Ritner Highway, Carlisle, PA 17013. 2. Defendant Ronald D. Head (hereinafter Head) is an individual residing at 2803 Sunset Court, P.O. Box 179, Grantham, PA 17027. VENUE AND JURISDICTION 3. Plaintiff Carlisle has its principal place of business in and regularly conducts business in Cumberland County, Pennsylvania. 4. Defendant Head resides in Cumberland County, Pennsylvania. 5. This Court is an appropriate venue for this Complaint in Equity and this Court can exercise jurisdiction over the Defendant Head. STATEMENT OF FACTS RELATING TO ALL COUNTS 6. Plaintiff is the industry leader in the formulating, development, manufacturing, and selling of Thermoplastic Polyolefin (TPO) roofing systems in the commercial roofing market through out the United States. TPO roofing products are made from plastic resins combined with certain chemicals to enhance fire and weather resistance and extruded into sheets which are utilized to cover roofs on commercial structures. 7. Although TPO products employ plastic resins as a common component, TPO products differ in quality by manufacturer throughout the TPO market. This variance between manufacturers' products can be attributed to differences in manufacturing processes, methods and techniques, as well as differences in inventions, formula, including chemical composition, and research. 8. The reputation of Carlisle for its innovative formulating, development, manufacturing, and installation of TPO commercial roofing products IS widely known, and Carlisle has built up substantial good will in this area. In fact, Carlisle's TPO roofing products have an industry leading market share and reputation due to their performance characteristics, including weathering ability, fire resistance, ultra violet resistance, ease of use by roofing contractors and superior quality of installation and finished product. This good will is directly attributed to Carlisle's manufacturing processes, methods and techniques, as well as product research and innovation. 9. Because of Carlisle's excellent performance history and strong reputation in the industry, Carlisle has substantial good will in the market which has enabled it to develop a 2 L significant and diverse customer base and to compile and develop specialized and confidential information relating to bidding, sales, costs, overhead, margins, unit pricing, labor productivity rates, marketing strategies and other experiential data relating to TPO commercial roofing products, all of which give Carlisle a valuable competitive business advantage in the TPO commercial roofing market and industry. 10 Defendant Head was employed by Carlisle on June 2, 1998. On that same date, Head executed a Confidentiality Agreement with Carlisle as a condition to his employment which provides that during the course of his employment with Carlisle, Head would be exposed to secret and confidential information which, if known to competitors, would injure Carlisle; that Head would hold in strict confidence and not reveal to any person, firm or corporation the information; that Head would not use the information for his own benefit; that upon leaving Carlisle, Head would not take any written materials and information belonging to or relating to the affairs of Carlisle; and that prior to leaving Carlisle, Head would deliver to Carlisle information, data and materials in his possession or control belonging to or relating to the affairs of Carlisle. (Exhibit A, Confidentiality Agreement) 11. Head's most recent position with Carlisle was TPO Sales & Marketing Manager. As such, he was in charge of promoting and spearheading the TPO product line for Carlisle to existing and potential customers. In his position of TPO Sales and Marketing Manger, Head was exposed to, and was entrusted with, Carlisle's confidential and secret information related to, among other things, the confidential and proprietary formulations for the TPO products, research and product innovation, and confidential manufacturing processes regarding the same. In addition, Head was exposed to, and was entrusted with, Carlisle's confidential information relating to bidding, sales, costs, overhead, margins, unit pricing, marketing strategies and other experiential data. All of this information that Head was exposed to and entrusted with 3 (collectively the Confidential Trade Secret Information) is analyzed and relied upon in Carlisle's TPO business. 12. The Confidential Trade Secret Information was safeguarded by Carlisle, was not generally known to the public and derived actual and independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who could obtain economic value from its disclosure or use. 13. Head knew and understood that the Carlisle Confidential Trade Secret Information was highly valuable to Carlisle and was not to be disclosed to unauthorized third parties. 14. On or about October 20,2005, Head's employment with Carlisle was terminated. 15. It has since been discovered that Head, prior to his termination, and while still employed by Carlisle, was seen in Carlisle's office on a weekend making copies of unidentified documents, which, upon belief, are, or were at some time, in Head's possession, custody and control. Carlisle is concerned that such documents contain Confidential Trade Secret Information which is highly valuable to Carlisle's business. 16. Carlisle has requested Head to return the unidentified documents to Carlisle and has further requested that no further copies of such documents remain in his possession, custody and control. The documents have not been returned to date. 17. Further, it has been discovered that after Head's departure from Carlisle, Head has been hired by GAF Materials Corporation (hereinafter GAF) to act as Director, Marketing, Single Ply Systems, which would include TPO roofing systems. GAF is a direct competitor with Carlisle in the TPO market and industry. At the time of Head's hire by GAF, GAF was aware that Head had knowledge of, and understood, Carlisle's Confidential Trade Secret Information. 4 18. As such to the extent that Head's job duties relate to TPO roofing products, Head's job responsibilities and knowledge to perform the same at GAF are the same as when working for Carlisle. 19. By virtue of his intimate knowledge of the Confidential Trade Secret Information, including but not limited to, Carlisle's confidential and proprietary formulations for TPO products, research and product innovation, and confidential manufacturing processes, as well as bidding, sales, costs, overhead, margins, unit pricing, marketing strategies and other experiential data regarding the same, Head is unable to perform his job duties with GAP and its TPO product line without improperly and inevitably using, drawing on, or disclosing the Carlisle Confidential Trade Secret Information. 20. Upon information and belief, Head already has, or inevitably will, improperly use and/or rely upon Carlisle's Confidential Trade Secret Information for his own benefit to the harm and detriment of Carlisle. 21. Accordingly, the use and reliance upon the Carlisle Confidential Trade Secret Information by Head has allowed and will continue to allow him to unfairly compete with Carlisle without the burden of developing such information and data over time as Carlisle did. 22. Upon information and belief, Head will, unless enjoined and restrained, continue to unfairly compete with Carlisle relying upon Carlisle Confidential Trade Secret Information in direct competition with Carlisle. 23. Unless the relief requested herein by Carlisle is granted, Carlisle will suffer immediate, serious and irreparable harm, including, but not limited to, damage to its business reputation and good will. Carlisle is without an adequate remedy at law. 5 l COUNT I MISAPPROPRIATION OF TRADE SECRETS (Ronald D. Head) 24. The averments of paragraphs I through 23 hereof are incorporated herein by reference as if set forth in their entirety. 25. As set forth above, while employed by Carlisle, Head had access to and came to possess all of the Confidential Trade Secret Information of Carlisle all of which derived actual and/or potential economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 26. Head had and has a statutory obligation pursuant to the Pennsylvania Uniform Trade Secrets Act (the "Act"), 12 Pa.C.S. ~ 5301 et. seq., not to misappropriate the Carlisle Confidential Trade Secret Information. 27. By engaging in the conduct described above, Head has improperly and unlawfully disclosed, used and relied upon, and continues to improperly and unlawfully disclose, use and rely upon Carlisle's Confidential Trade Secret Information, knowing or having reason to know that the Carlisle Confidential Trade Secret Information was acquired by him under circumstances giving rise to a duty on his part to maintain its secrecy and limit its use, for his own financial benefit and/or the financial benefit of GAF without the express or implied consent of Carlisle. 28. By engaging in the conduct described above, Head has intentionally, willfully, and maliciously misappropriated and misused the Carlisle Confidential Trade Secret Information in violation of the Act. 29. As a result of this conduct, Carlisle has suffered and, unless Head is enjoined and restrained as requested, will continue to suffer immediate, serious and irreparable harm for which Carlisle has no adequate remedy at law. 6 WHEREFORE, Carlisle requests that an injunction issue pursuant to 12 Pa.C.S. ~5303(a), preliminarily until final hearing and permanently thereafter: a. enjoining and restraining Head from using for himself and/or others, including, but not limited to, OAF and/or divulging to others, including, but not limited to, GAF, any Confidential Trade Secret Information of Carlisle; b. enjoining and restraining Head from unfairly competing with Carlisle relying upon Carlisle Confidential Trade Secret Information; c. ordering Head to return and account for any and all Confidential Trade Secret Information of Carlisle in his possession or control including that information which Head has heretofore disclosed or provided to third parties; d. ordering Head to return and account for any and all Confidential Trade Secret Information of Carlisle in his possession or control including that information which Head copied and removed from Carlisle prior to his termination; e. enjoining and restraining Head from becoming employed and/or retained by GAF; f. ordering Head to pay to Carlisle compensatory damages, costs and attorneys' fees in excess of $35,000 in this action; and g. awarding Carlisle such other and further relief as this Court may deem just and proper. COUNT II BREACH OF CONTRACT (Ronald D. Head) 30. The averments of paragraphs I through 29 hereof are incorporated herein by reference as if set forth in their entirety. 31. Under the express terns and conditions of the June 2, 1998 Confidentiality Agreement between Carlisle and Head, Head agreed that he would hold in strict confidence and not reveal to any person, firm or corporation Carlisle's Confidential Trade Secret Information; that he would not use this information for his own benefit; that upon leaving Carl isle, he would not take any written materials and information belonging to or relating to the affairs of Carlisle; 7 and that prior to leaving Carlisle, he would deliver to Carlisle information, data and materials in his possession or control belonging to or relating to the affairs of Carlisle. (Exhibit A, Confidentiality Agreement) 32. By engaging in the conduct described in this Complaint, Head has materially breached the terms and conditions of the Confidentiality Agreement. Said breaches have directly resulted in Carlisle suffering financial damages which have exceeded $35,000. 33. Despite these material breaches, Head has refused to remedy his failure to adhere to the terms of the Confidentiality Agreement. WHEREFORE, Carlisle demands judgment against Head In an amount In excess of $35,000, plus interest, attorney's fees, costs, and any other amounts deemed appropriate by this Court. Respectfully submitted, , MCCAMEY: "COTE, P.c. '~/4 Maria Greco Danaher, Esqui PA. LD. #47036 Brett W. Farrar, Esq. PA. LD. #79217 B B David A. Baric, Esquire PA LD. No. 44853 Two PPG Place, Suite 400 Pittsburgh, P A 15222-5402 (412) 281-7272 Attorneys for Plaintiff 19 West South Street Carlisle, P A 17013 (717) 249-6873 Attorneys for Plaintiff 8 VERIFICATION I, ,J I C, 11 () {,Ir'i S. SI1'€1/ R j , of Carlisle SynTec Incorporated, have read the foregoing Complaint in Equity. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. ~/~~ DATED '1/1--1(0':- r c:.o Carlisle Synlec Systems emm.m - CaftWe Syn1'ec Systems DIvision of Carlisle Corporation P. O. Box 7000 . Carll'le. PA. 17013 (717124..7000 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 Systems. 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 fonows: I. ,That you will hold to strict confidence and Dot reveal to any person', firm, or corporation, or use for your own benefit any secret or confidential information obtained during the course of your employment with the Company 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 agreement!; of a legal nature, manufacturing methods, processes, techniques, machines, formula. prodUCt!;, improvements, inventions, or research belonging to or relating to the affairs of the Company, without first obtaining the written permission of an officer 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 not withstanding 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. This duty of disclosure shall appiy to inventions conceived while you are employed by The Technical Connection but not disclosed or executed until after terminaiion of that employment. This duty of disclosure shan be obligatory whether or not the work resulting in the invention took place during your regular hours of work. This duty of disclosure shall be obligatory if the invention directly or indirectly related to or is capable of being used .ir!. conn~tion with (a) the business of the Company, or (b) products, processes; 'm': machines lieiDg developed for Exhibit "A" r r " , future use of the. Company. . ...._,,....n. . 4. ""..,,". ._...li....-- y ~. .. in' . hich j ~ ~,(r ~ ~ ~-~l\. ilr~~1Ul YOm:..s;ll!.W 1W~~.!)...lLr~U1YE~l.MlPl,.l<\{ -. )l,~,rtfJ!!J;l; ..Jll,... IJ,I!!; Q, ,', " purSuant to Paragraph 3 hereof and which directly or indirectly relate to or may be capable of being used in connection with Ihe business of the Company; and you will assist the Company and its attorneys in handling patent application or any other matters connected with the transfer of the invention to 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 10 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 nay of the terms hereof, the Company shall be entitled to enforce this Agreement by way of injunction in addition to any other remedies it may-re entitled to either at law or equity. In the event that any provision of the Agreement is declared unenforceable or yoid, 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 delivered to the Company and the other to the Employee. CARLISLE SYNTEC SYSTEMS Accepted: ?~/)'}l/ Date: 6-,) -'171 CONFlDEN."I!CI' q II \~ -. "'"-- .....J ~ - ~ ~ ~. v. '\ ~ ~ ':'\ ~ \!' '" ~ ~ ~ N, "'b ,-' '\~~ r~ \,,":.J, r-:l ..-.. ".,':J ~ .'...,~ "~~ _."~ - ':\~ .t":4 (~-\ (,.-' ~'$\ ,\]". Nnv 2 2 L005 , il"V' /1/1d I l3:..::._~~~=_:..:.=:.==.--.::.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware Corporation, Plaintiff ) ) ) ) ) ) ) ) NO. 05-6010 CIVIL DIVISION v. RONALD D. HEAD, an individual, Defendant RULE TO SHOW CAUSE AND NOW, this 7.3r J day of -N I"l v , 2005, upon consideration of the Motion For Expedited Discovery, a Rule is issued upon Defendant to show cause, if any there be, why the reliefrequested in the Motion should not be granted. Rule returnable 10 days from service. BY THE COURT, . JIf;? ~ rrr?;W! ~lL P. ~ ~niJ l~;;' Y'77 -;rnvr)' , ' po r ,/ ~ .' . ~ n' .,'" (" (, :\\:':\ SuilL D \ ~{~ :::.';'\ V ::,0 ~..j NOV 2 2 2005 ilc;Y .cAJ2t,~_c~ J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware Corporation, CIVIL DIVISION Plaintiff ) ) ) ) ) ) ) ) NO. 05-6010 v. RONALD D. HEAD, an individual, Defendant RULE TO SHOW CAUSE AND NOW, this 22,1 day of ----.N 0" ,2005, upon consideration of the Motion For Preliminary Or Special Injunction, a Rule is issued upon Defendant 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, '1'/;;.17-. 1f!'~'>1I 1~~~ -V fr" '1 ~ ~r'J 2! :? It \ _, I... ~,"; SZ,' 2i-::)7 ~"C(. .: L :fj '. ::'w.J . :~,' \ i NOV 2 2 2005 i , i ' I-t:<"! '" L:..,-~jlLc'c_._"",_,c ~J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware Corporation, CIVIL DIVISION Defendant ) ) ) ) ) ) ) ) NO. 05-6010 Plaintiff v. RONALD D. HEAD, an individual, RULE TO SHOW CAUSE AND NOW, this ~ day of ----1-.)-0 v , 2005, upon consideration of the Emergency Motion To Compel Defendant To Produce Computers For Forensic Examination, a Rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable I 0 days from service. BY THE COURT, 1 , ~) t #l!?r''1/Yll ~!l, c pvl', i/ -(/ _ 'F j /O[f' II 77UJ7 r J ~ c-hll"? ;vEell sz :3:'; SZ :0 ~--~- -,------------------'~-_....-_..- CARLISLE SYNTEC INCORPORATED, Plaintiff, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. : NO. 05-6()10 CIVIL RONALD D. HEAD, Defendant. ORDER AND NOW, this Z3.Jday of W 0 \/ , 2005, a hearing is set on the Motion for Preliminary or Special Injunction, M-vl;Vll fu, L'pcdi',,,d Di,,,il, c,y Ilnd LrlCIgeRey MetieR tQ :t~V GeHlfllll IJefeft8!11\t tv P'udtlcc C5lf1!'Jtlkl~ fer forellsiG EX:.iHlillrHi~before the undersigned on the .dc7h. day of ~ I 2005 in Courtroom Number I at -:3:tX) ~.~ BY THE COURT, ./J)auU6 (0. g~/ ~. .,;l~\ 17 i~ ~ 6(.c:/ ~.;J/J-/7(1/3 ~ ~h /)rhn~_ljN jJ~ ~. / ,CY ~~-. / , ,D ( ,,:) \ '\" vffqn~ !J '-fJz(f;:;J- !}fa 3~ vl,;).;3/'f /1 /7 tJ 17 A7i~<rUJ ~ ~~f,vif /~ ',.-:r, v (: 'l :(\ \ 1 - ." i,,,' ~ v 1r, :;',J ._~~- - ~ / CARLISLE SYNTEC INCORPORATED, a Delaware Corporation, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-6010 vs. RONALD D. HEAD, an individual, CIVIL ACTION - EQUITY Defendant MOTION FOR ADMISSION PRO HAC VICE !, Justin G. Weber, of the law firm of Pepper Hamilton LLP, 200 One Keystone Plaza, North Front and Market Streets, Harrisburg, Pennsylvania 17108, a member in good standing with the Bar of the Commonwealth of Pennsylvania, and counsel for Defendant, Ronald D. Head, in the above-captioned action, respectfully move for the admission and appearance pro hac vice in this case of Michael D. Wexler, Scott J. Humphrey, and Brian P. Roche of the law firm of Seyfarth Shaw LLP, 55 East Monroe Street, Suite 4200, Chicago, Illinois 60603. I. Mr. Wexler (IL Bar No. 062(7847), Mr. Humphrey (IL Bar No. (6239169), and Mr. Roche (IL Bar No. (6270507) are members in good standing of the Illinois State Bar and admitted to practice before the highest court in Illinois, where they reside and regularl y practice law. 2. Mr. Wexler, Mr. Humphrey, and Mr. Roche are very familiar with the issues in this case and it is in the best interests of justice to admit them pro hac vice for purposes of representing the defendant in this case. HB: #101829 vI (26KLOl !.DOC) .- . / 3. The undersigned counsel contacted Attorney Baric seeking the concurrence of opposing counsel and was not provided with a position on this motion. 4. A proposed order is attached. Respectfully submitted, Date: December 7, 2005 ~.i~III(PA 19196) Justin G. Weber (PA 89266) PEPPER HAMILTON LLP 200 One Keystone Plaza North Front and Market Streets Post Office Box 1181 Harrisburg, PA 17108-1181 (717) 255-1155 (717) 238-0575 schmidtt@pepperlaw.com weberjg@pepperlaw.com -2- HB: #10]829 vi (26KLOI I DOe) / . CERTIFICATE OF SERVICE I certify that on December 7,2005, I served a copy of the foregoing Motion for Admission Pro Hac Vice on plaintiff by United States first class mail, addressed as follows: Maria Greco Danaher, Esquire Dickie, McCamey & Chilcote, P.c. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 ,kU- G. Weber (PA 89266) , .\ _"I ,,-) r.....) !,._1j ,., CARLISLE SYNTEC INCORPORATED, a Delaware Corporation, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-6010 vs. RONALD D. HEAD, an individual, CIVIL ACTION - EQUITY Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas B. Schmidt, III, Justin G. Weber and the firm of Pepper Hamilton LLP on behalf of defendant Ronald D. Head. Respectfully submitted, pro hac vice motion pending Michael D. Wexler (IL 06207847) Scott J. Humphrey (IL 06239169) Brian P. Roche (lL 06270507) SEYFARTH SHAW LLP 55 East Monroe Street, Suite 4200 Chicago, Illinois 60603 (312) 346-8000 .h o s B. Schmidt, III (PA 19196) In G. Weber (PA 89266) PEPPER HAMILTON LLP 200 One Keystone Plaza North Front and Market Streets Post Office Box 1181 Harrisburg, PA 17108-1181 Phone: (717) 255-1155 Fax: (717) 238-0575 Dated: December 7,2005 Attorneys for Defendant Ronald D. Head HB: #10184.1 vi (26KZOI ~,DOC) ,; CERTIFICATE OF SERVICE I certify that on December 7, 2005, I served a copy of the foregoing Entry of Appearance by United States first class mail, addressed as follows: Maria Greco Danaher, Esquire Dickie, McCamey & Chilcote, P.e. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 ?!Jf: hJ tAL Jus'n . Weber (PA 89266) HB: #]01843 v1 (2fiKZOI !.DOC) f" -------- ~ CARLISLE SYNTEC INC. Plaintiff vs. RONALD HEAD Defendant Person to be served (Name and Address): RONALD D. HEAD GAF MATERIALS 1361 ALPS RD. WAYNE NJ 07470 By serving: RONALD D. HEAD Attorney: BRIAN ADE, ESQ. Papers Served: RULE T SHOW CAUSE, MOrlON FOR EXPEDITED DISCOVERY, EMERGENCY MOTION TO COMPEL DEFENDANT TO PRODUCE COMPUTERS FOR FORENSIC EXAMINATION, MOTION FOR PRELIMINARY OR INJUNCTION, COMPLAINT IN EQUITY Service Data: [X] Served Successfully [ I Not Served Date/Time: 11/30/2005 11 :56AM [ J Delivered a copy to him/her personally [ ] Left a copy with a competent household member over 14 years of age residing therein (indicate name & relationship at right) [X] Left a copy with a person authorized to accept service, e.g. managing agent, registered agent, etc. (indicate name & official title at right) Description of Person Accepting Service: SEX: L AGE: 51-65 HEIGHT: 5'4"-5'8" WEIGHT: 100-130 LBS. Unserved: [ ] Defendant is unknown at the address furnished by the attorney [ ] All reasonable inquiries suggest defendant moved to an undetermined address [ I No such street in municipality [ ] Defendant is evading service [ ] No response on: Date/Time: Date/Time: Date/Time: Other: PER FIRM SERVE ANYONE. I SERVED A PERSON IN THE LAW DEPT. Served Data: Subscribed and Sworn to me this Notary Signature: EY ;-, ?,~NL, " ~ :X\"' \' : ~ <: ...,~ Name 0 Commission Expiration IIDIII~III ~I~ ~111}1111~llljlll~~~1 ~llljllll !IIII !IIII~I'II ~III !IIIIIII Superior Court Of New Jersey CUMBERLAND Venue Docket Number: 05"B010 AFFIDAVIT OF SERVICE (For Use by Private Service) Cost of Service pursuant to R. 4:4-3(c) $ Attempts: Date/Time: Date/Time: DatelTime: Name of Person Served and relationship/title: DIANE FLEMING LAW DEPT. SKIN: WHITE HAIR: BROWN OTHER: S~B~ I, MICHAEL MARRA was at the time of service a competent adult not having a direct interest in the litigation. I declare under penalty of perjury that the for.~orrect. , ,/,. /12/1/2005-' .;/' Signature of Process Server Date Name of Private Server: MICHAEL MARRA Address: 2009 Morris Avenue UNION, NJ 07083 Phone: (908) 687-0056 :") ..--\ ;-'. (: ~ , CARLISLE SYNTEC INCORPORATED, a Delaware Corporation, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-6010 vs. RONALD D. HEAD, an individual, CIVIL ACTION - EQUITY Defendant NOTICE OF FILING NOTICE OF REMOV AL TO THE PROTHONOTARY: PLEASE TAKE NOTICE that a Notice of Removal has been filed by Defendant Ronald D. Head to remove the above-captioned action from the Court of Common Pleas of Cumberland County, Pennsylvania, to the United States District Court for the Middle District of Pennsylvania. This removal was accomplished pursuant to the authority of the Judiciary and Judicial Procedure Act, 28 U.S.c. * 144 1 et seq. A copy of the Notice of Removal filed with the United States District Court for the Middle District of Pennsylvania is attached hereto as Exhibit A. Pursuant to 28 U.S.c. * I 446(d), the filing of the Notice of Removal in the United States District Court for the Middle District of Pennsylvania, together with the filing of a copy of the Notice of Removal with this Court, effects the removal of this action and this Court shall proceed no further unless and until this case is remanded. , , Respectfully submitted, J-z LO Tho as B. Schmidt, III (P A 19196) Justin G. Weber (PA 89266) PEPPER HAMILTON LLP 200 One Keystone Plaza North Front and Market Streets Post Office Box 1181 Harrisburg, P A 17108-1181 Phone: (717) 255-1155 Fax: (717) 238-0575 pro hac vice motion vending Michael D. Wexler (IL 06207847) Scott J. Humphrey (IL 06239169) Brian P. Roche (IL 06270507) SEYFARTH SHAW LLP 55 East Monroe Street, Suite 4200 Chicago, lllinois 60603 Phone: (312) 346-8000 December 15, 2005 Attorneys for Defendant Ronald D. Head . , CERTIFICATE OF SERVICE ] certify that on December 15,2005, I served a copy of the foregoing document on counsel by United States mail, first class postage prepaid, addressed as follows: Maria Greco Danaher, Esquire Dickie, McCamey & Chilcote, P.c. Two PPG Place, Suite 400 Pittsburgh, P A 15222-5402 David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 ~~G.O , ush . Weber (PA 89266) \> ,/ \ "'/ , \/'{I \. V \ ,'( \ 1\ r, i-,\ I ' --------- , IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware Corporation, CIVIL ACTION Plaintiff vs. No.l:QV 05-~fiqa. RONALD D. HEAD, Defendant NOTICE OF REMOVAL Defendant Ronald D. Head ("Defendant Head") hereby removes this action from the Cumberland County Court of Common Pleas of the Commonwealth of Pennsylvania pursuant to 28 U.S.C. ~ 1441. In support thereof, Defendant Head avers as follows: 1. On or about November 22,2005, Carlisle SynTec Incorporated ("Plaintiff') commenced this action by filing a Complaint in the Cumberland County Court of Common Pleas of the Commonwealth of Pennsylvania, Civil Action No. 05-6010. A true and correct copy of the Complaint is attached as Exhibit A. 2. On November 22, 2005, Plaintiff also filed a Motion for Preliminary or Special Injunction, Motion for Expedited Discovery and Motion to Compel Production of Computer for Forensic Examination. 3. In response to those motions, the Cumberland County Court of Common Pleas issued Rules to Show Cause, requiring the Defendant to show cause why the relief requested in the motions should not be granted. The rules were returnable 10 days from service. The Court also issued an order scheduling a preliminary injunction hearing for December 20, 2005. Copies of the rules/orders are attached as Exhibit B. 4. Counsel for the parties have agreed that service of the Complaint and the accompanying motions occurred on December 7,2005. GROUNDS FOR REMOVAL Diversity Jurisdiction 5. Notice of removal shall be filed within 30 days from receipt of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based. 28 U.S.c. S l446(b). 6. Plaintiff is a citizen of Pennsylvania and Delaware and was a citizen of those states at the time it filed the Complaint. See Complaint (Ex. A). -2- 7. Defendant Head is a citizen of New Jersey and was a citizen of New Jersey both at the time Plaintiff filed the Complaint and at the time of removal. See Affidavit (Ex. C). 8. Despite the fact that Defendant Head does not have a non- compete agreement with Plaintiff, that Defendant Head was involuntarily terminated by Plaintiff, that Plaintiff tried unsuccessfully to seek a non-compete agreement from Defendant Head after Plaintiff involuntarily terminated Defendant Head and that Defendant Head has done nothing improper, Plaintiff wrongfully seeks both compensatory damages and an injunction, which among other things, would enjoin Defendant Head from continuing his current employment with a competitor of Plaintiff, GAF Materials Corporation ("GAF"), under the guise of protecting Plaintiff's alleged trade secrets regarding its Thermoplastic Polyolefin Roofing Systems ("TPO") products. See Affidavit (Ex. C) and Complaint (Ex. A). 9. Defendant Head believes and therefore avers the amount in controversy is in excess of $75,000. Defendant Head's current salary with GAF is in excess of $75,000. See Affidavit (Ex. C). In addition, Plaintiff alleges in the Complaint that it is the industry leader in TPO and that Defendant Head was the sales and marketing director for this product while employed by Plaintiff. See Complaint 'j['J[6, 11 (Ex. A). During his employment with Plaintiff, Plaintiff's sale of TPO products were in excess of $75,000. See Affidavit (Ex. C). -3- 10. Pursuant to 28 US.c. ~ 1332, this Court may properly exercise diversity jurisdiction over this claim because it is between citizens of different states and the amount in controversy exceeds $75,000.00. 11. Pursuant to 28 D.S.C. ~ 1441(a), this action is removable to this Court by Defendant Head. 12. This Notice is timely, it being filed less than thirty (30) days after service of the Complaint. See 28 US.C. ~ 1446(b). 13. A notice of filing this Notice of Removal is being filed with the Court of Common Pleas for Cumberland County, Pennsylvimia, contemporaneously with the filing of this Notice of Removal in accordance with 28 D.S.C. S 1446(d). A copy of the Notice of Filing Notice of Removal is attached hereto as Exhibit D. 14. A copy of this Notice will be served upon Plaintiff, as required by 28 US.C. S 1446(d). -4- WHEREFORE, Defendant Ronald D. Head hereby removes this action from the Cumberland County Court of Common Pleas of the Commonwealth of Pennsylvania to the United States District Court for the Middle District of Pennsylvania. Respectfully submitted, - A (01 ho as B. Schmidt, III (PA 19196) ustin G. Weber (PA 89266) PEPPER HAMILTON LLP 200 One Keystone Plaza North Front and Market Streets Post Office Box 1181 Harrisburg, P A 17108-1181 Phone: (717) 255-1155 Fax: (717) 238-0575 December 15, 2005 pro hac vice motion pending Michael D. Wexler (IL 06207847) Scott 1. Humphrey (IL 06239169) Brian P. Roche (IL 06270507) SEYFARTH SHAW LLP 55 East Monroe Street, Suite 4200 Chicago, Illinois 60603 (312) 346-8000 -5- CERTIFICATE OF SERVICE I certify that on December 15, 2005, I served a copy of the foregoing document by United States first class mail, addressed as follows: Maria Greco Danaher, Esquire Dickie, McCamey & Chilcote, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Iu tin G. Weber (PA 89266) - CIVILDIVlSION \ I I \ I I I ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, a Delaware corporation, Plaintiff, v. RONALD D. HEAD, an individual, Defendant .' :~l . '17"1./ .;J.C'-t'5 ~ . ...." :JI" '" ..A/. ctt.. A' .!' /.4~''7''''J ~.-...~ ......... ~ . ..' No.C?5-'6.'0/{) dvJ Code: COMPLAINT IN EOUlTY Filed on behalf of Plaintiff, CARLISLE SYNTEC INCORPORATED, a Delaware Corporation Counsel of Record for this Party: k " I ~ 'i Maria Greco Danaher, Esquire PA 1.D. No. 47036 Email: mdanaher@dmclaw.com Brett W. Farrar, Esquire PA I.D. No. 79217 Email: bfarrar@dmclaw.com Dickie, McCamey & Chilcote, P.e. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Telephone: 412-281-7272 Fax: 412-392-5367 David A. Baric, Esquire PA tD. No. 44853 Email: dbaric@obslaw.com O'Brien. Baric & Scherer 19 West South Street Carlisle, P A 17013 Telephone: 717-249-6873 ----- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLV ANlA CARLISLE SYNTEC INCORPORATED, ) CIVIL DIVISION a Delaware corporation. ) ) Plaintiff, ) No. ) v. ) Code: ) RONALD D. HEAD. an individual. ) ) Defendant ) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRlTIEN APPEARANCE PERSONALLY, OR BY AN ATTORNEY, AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORT ANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Defendant ) CrvIL DrvISION ) } ) No. ) ) Code: } } ) } CARLISLESYNTEC INCORPORATED. a Delaware corporation. Plaintiff. v. RONALD D. HEAD, an individual, COMPLAINT IN EOUITY AND NOW, comes Plaintiff. Carlisle SynTec Incorporated, by and through its attorneys, Diclde, McCamey & Chilcote, P.C., and files this Complaint in Equity. averring as follows: THE PARTIES 1. Plaintiff Carlisle SynTec Incorporated (hereinafter Carlisle) is a corporation organized and existing under the laws of the State of Delaware with its headquarters and principal place of business at 1285 Ritner Highway, Carlisle, PA 17013. 2. Defendant Ronald D. Head (hereinafter Head) is an individual residing at 2803 Sunset Court, P.O. Box 179, Grantham. PA J 7027. VENUE AND JURISDICTION 3. Plaintiff Carlisle has its principal place of business in and regularly conducts business in Cumberland County, Pennsylvania. 4. Defendant Head resides in Cumberland County, Pennsylvania. STATEJ\!JENT OF FACTS RELATING TO ALL COUNTS , i ! I I I , t I ! , 5. This Court is an appropriate venue for this Complaint in Equity and this Court can exercise jurisdiction over the Defendant Head. 6. Plaintiff is the industry leader in the formulating, development, manufacturing, and selling of Thennoplastic POlyolefin (!'PO) roofing systems in the commercial roofing market through out the United States. TPO roofing products are made from plastic resins combined with certain chemicals to enhance fire and weather resistance and extruded into sheets which are utilized to cover roofs on commercial structures. 7. Although TPO products employ plastic resins as a common component, TPO products differ In quality by manufacturer throughout the TN market. This variance between manufacturers' products can be attributed to differences in manufacturing processes, methods and techniques, as well as differences in inventions, formula. including chemical composition, and research. 8. The reputation of Carlisle for its innovative formulating, development. manufacturing, and installation of'TPO commercial roofing products is widely known, and Carlisle has built up substantial good will in this area. In fact, Carlisle's TPO roofing products have an industry leading market share and reputation due to their performance characteristics, including weathering ability, fire resistance, ultra violet resistance, ease of use by roofing contractors and superior quality of installation and finished product. This good will is directly attributed to Carlisle's manufacturing processes, methods and techniques. as well as product research and innovation. 9. Because of Carlisle's excellent performance history and strong reputation in the industry, Carlisle has substantial good will in the market which has enabled it to develop a 2 significant and diverse customer base and to compile and develop specialized and confidential information relating to bidding, sales, COSIS, overhead, margins, unit pricing, labor productivity rates, marketing strategies and other experiential data relating to TPO commercial roofmg products, all of which give Carlisle a valuable competitive business advantage in the TPO commercial roofing markel and industry. 10 Defendant Head was employed by Carlisle on June 2, 1998. On that same dale, Head executed a Confidentiality Agreement with Carlisle as a condition to his employment which provides that during the course of his employment with Carlisle, Head would be exposed to secret and confidential information which, if known to competitors, would injure Carlisle; that Head would hold in strict confidence and not reveal to any person, I1rm or corporation the information; that Head would not use the information for his own benefit; that upon leaving Carlisle, Head would not take any written materials and information belonging to or relating to the affairs of Carlisle; and that prior to leaving Carlisle, Head would deliver to Carlisle information, data and materials in his possession or control belonging to or relating 10 the affairs of Carlisle. (Exhibit A, Confidentiality Agreement) 11. Head's most recent position with Carlisle was TPO Sales & Marketing Manager. As such, he was in charge of promoting and spearheading the TPO product line for Carlisle to existing and potential customers. In his position of TPO Sales and Marketing Manger, Head was exposed to, and was entrusted with, Carlisle's confidential and secret information related to, among other things, the confidential and proprietary formulations for the TPO products, research and product innovation, and confidential manufacturing processes regarding the same. In addition, Head was exposed to, and was entrusted with, Carlisle's confidential information relating to bidding, sales, costs, overhead, margins, unit pricing, marketing strategies and other experiential data. All of this infonnation lhat Head was exposed 10 and entnlsted with 3 - (collectively the Confidential Trade Secret Information) is analyzed and relied upon in Carlisle's TPO business. 12. The Confidential Trnde Secret Infonnation was safeguarded by Carlisle, was not generally known to the public and derived actual and independent economic value from nol being generally known to, and not being readily ascertainable by proper means by, other persons who could obtain economic value from its disclosure or use. 13. Head knew and understood that the Carlisle Confidential Trade Secret Information was highly valuable to Carlisle and was not to be disclosed to unauthorized third parties. 14. On or about October 20,2005, Head's employment with Carlisle was terminated. 15. It has since been discovered that Head, prior to his termination, and while still employed by Carlisle, was seen in Carlisle's office on a weekend making copies of unidentified documents, which, upon belief, are, or were at some time, in Head's possession, custody and control. Carlisle is concerned that such documents contain Confidential Trade Secret Information which is highly valuable to Carlisle's business. 16. Carlisle has requested Head to return the unidentified documents to Carlisle and has further requested that no further copies of such documents remain in his possession, custody and control. The documents have not been returned to date. 17. Further, it has been discovered that after Head's departure from Carlisle, Head has been hired by GAF Materials Corporation (hereinafter GAF) to act as Director. Marketing, Single Ply Systems, which would include TPO roofing systems. GAF is a direct competitor with Carlisle in the TPO market and industry. At the time of Head's hire by GAF, OAF was awan:: that Head had knowledge of, and understood, Carlisle's Confidential Trade Secret Information. 4 19. By virtue of his intimate knowledge of the Confidential Trade Secret Information, i \ \ I I I I , . i ! 18. As such to the extent that Head's job duties relate to TPO roofing products, Head's job responsibilities and knowledge to perform the same at GAF ate the same as when working for Carlisle. including but not limited to, Carlisle's confidential and proprietary formulations for TPO products, research and product innovation, and confidential manufacturing processes, as well as bidding, sales, costs, overhead, margins, unit pricing, marketing strategies and other experiential data regarding the same, Head is unable to perform his job duties with GAF and its TPO product line without improperly and inevitably using, drawing on, or disclosing the Carlisle Confidential Trade Secret Information. 20. Upon information and belief, Head already has, or inevitably will, improperly use and/or rely upon Carlisle's Confidential Trade Secret Information for his own benefit to the harm and detriment of Carlisle. 21. Accordingly, the use and reliance upon the Carlisle Confidential Trade Secret Information by Head has allowed and will continue to allow him to unfairly compete with Carlisle without the burden of developing such information and data over time as Carlisle did. 22. Upon information and belief, Head will, unless enjoined and restrained, continue to unfairly compete with Carlisle relying upon Carlisle Confidential Trade Secret Information in direct competition with Carlisle. n. Unless the relief requested herein by Carlisle is granted, Carlisle will suffer immediate, serious and irreparable hann, including, but not limited to, damage to its business reputation and good will. Carlisle is without an adequate remedy at law. 5 ------ COUNT I MlSAPPROPRIA nON OF TRADE SECRETS (Ronald D. Head) 24. The avennents of paragraphs 1 through 23 hereof are incorporated herein by reference as if set forth in their entirety. 25. As set forth above, while employed by Carlisle, Head had access to and came to possess all of the Confidential Trade Secret Infonnation of Carlisle all of which derived actual andlor potential economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 26. Head had and has a statutory obligation pursuant to the Pennsylvania Unifonn Trade Secrets Act (the "Act"), 12 Pa.C.S. ~ 5301 et. seq., not to misappropriate the Carlisle Confidential Trade Secret Infonnation. 27. By engaging in the conduct described above, Head has improperly and unlawfully disclosed, used and relied upon, and continues to improperly and unlawfully disclose, use and rely upon Carlisle's Confidential Trade Secret Information, knowing or having reason to know that the Carlisle Confidential Trade Secret Infonnation was acquired by him under circumstances giving rise to a duty on his part to maintain its secrecy and limit its use, for his own financial benefit andlor the financial benefit of GAF without the express or implied consent of Carlisle. 28. By engaging in the conduct described above, Head has intentionally, willfully, and maliciously misappropriated and misused the Carlisle Confidential Trade Secret Information in violation of the Act. 29. As a result of this conduct, Carlisle has suffered and, unless Head is enjoined and restrained as requested, will continue to suffer immediate, serious and irreparable harm for which Carlisle has no adequate remedy at law . 6 WHEREFORE. Carlisle requests that an injunction issue pursuant to 12 Pa.C.S. ~5303(a), preliminarily until final hearing and permanently thereafter: a. enjoining and restraining Head from using for himself and/or others, including, but not limited to, GAF and/or divulging to others, including, but not limited to, GAF, any Confidential Trade Secretlnfonnation of Carlisle; \ b. enjoining and restraining Head from unfairly competing with Carlisle relying upon Carlisle Confidential Trade Secret Information; c. ordering Head to retuIn and account for any and all Confidential Trade Secret Information of Carlisle in his possession or control including that information which Head has heretofore disclosed or provided to third parties; 'ordering Head to return and account for any and all Confidential Trade Secret Information of Carlisle in his possession or control including that information which Head copied and removed from Carlisle prior to his termination; , ! I , ! , ~ , I I , , , I I ! j , d. e. enjoining and restraining Head from becoming employed and/or retained by GAF: f. ordering Head to pay to Carlisle compensatory damages, costs and allorneys' fees in excess of $35.000 in this action; and g. awarding Carlisle such other and further relief as this Court may deem just and proper. COUNT n BREACH OF CONTRACT (Ronald D. Head) 30. The averments of paragraphs I through 29 hereof are incorporated herein by reference as if set forth in their entirety. 31. Under the express terns and conditions of the June 2, 1998 Confidentiality Agreement between Carlisle and Head, Head agreed that he would hold in strict confidence and not reveal to any person. firm Or corporation Carlisle's Confidential Trade Secret Information; that he would not use this information for his own benefit; that upon leaving Carllsle, he would not take any written materials and information belonging to or relating to the affairs of Carlisle: 7 and that prior to leaving Carlisle, he would deliver to Carlisle information, data and materials in his possession or control belonging to or relating to the affairs of Carlisle. (Exhibit A, Confidentiality Agreement) 32. By engaging in the conduct described in this Complaint, Head has materially breached the terms and conditions of the Confidentiality Agreement. Said breaches have directly resulted in Carlisle suffering financial damages which have exceeded $35,000. 33. Despite these material breaches, Head has refused to remedy his failure to adhere to the terms of the Confidentiality Agreement. WHEREFORE, Carlisle demands judgment against Head in an amount in excess of $35,000, plus interest, altorney's fees, costs, and any other amounts deemed appropriate by chis Court. Respectfully submitted, B B Maria Greco Danaher, Esqui PA. !.D. #47036 Brett W. Farrar, Esq. P A. I.D. #79217 David A. Baric, Esquire PA J.D. No. 44853 Two PPG Place, Suite 400 Pictsburgh, PA 15222-5402 (412) 281-7272 Attorneys for Plaintiff 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorneys for Plaintiff 8 VERIFICATION 1, ~(C.tto(..A? 5. SU€I/R> , of Carlisle SynTec Incorporated, have read the foregoing Complaint in Equity. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. ~( xL DATED 1111.-/10(" ,-. i ' ,.... (,...., Carlisle Syn1'ec Systems ~ Clfll~ SynTK 6~toml OMstan of Carllsll COrporation P. O. Box 1COO . Carll;le. PA 17013 (711) 24s.7000 ............................".........,................... _.."..................... ...'" ...,......... .,....~"......m_ ......".-..........-. ~,~--. , ...... This letter, in duplicate, will serVe as an agreement between you and this Company covering some important teIDlS of your employment. The word "Company" wherever used herein sball be deemed to' include any company or corporation which is affiliated with Carlisle SynTec Systems. You realize that, in the coun;e of your employment, the Company will necessarily reveal to you. or you may develop, cnnfidential information wbich, 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 unden;tood and agreed as follows: 1. . That you will hold to strict confidence and not reveal to any persoll',' flnn, or corporation, or use for your own benefit any secret or confidential information obtained during the course of your employment with the Company 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 pennission of an officer 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 not withstanding the circumstances surrounding your departure. YOll 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. This duty of disclosure shall appiy to inventions conceived while you are employed by The Tecbnical Connection but not disclosed or executed until after tenninaiion of that employment. This duty of disclosure shall be obligatory whether or not the work resulting in the invention look place dUring your regular hOUIS of work. This duty of disclosure shall be obligatory if the invention directly or indirectly related to or is capabl~ of being used .in,. conn~tioD with (a) the business of the Company, or (b) products. processes; 'or:machines bemg developed for Exbiblt "An Ii . ., ., .1.. I II Ii ,I \. , i: 4. .-.~--n--'" .,...."..,_,J..~ " I' ~ ; '. ;! 1/ :! i1 'i u Ii J:, u l! I' " " I. i. q l) I' I! :i i: " II ii II \: .1; I [I !: II Ii \1 II Ii 'i I p r. future use. of the. Company. ..' ,Yo~.i'\Ml ~~lWJ';ol!l. ~m:\i WtttW!l,JI!lKj,g,y!:m~Jll(b.i.~N,S..1;l;!l!lir.~ tQ !It 9i~rJQ.~,gQ..,........ _dO pursuant to Paragraph 3 hereof and which directly or indirectly relate to or may be capable of beiD.g used in connection with the business of the Company; and you will assist the Company and its attorneys in handling patent application or any other matter.; connected. with the transfer of the invention to the Company and the protection of the Company's proprier4ry interest therein. 5. During your employment with the Company you will !lOt engage in any other employment or activities that conflict with or impair your obligations of coDfidentiality or loyalty as an employee of the Company. 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. 6. 7. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and shall be bindiD.g upon you, your heirs, legal representatives and assigns. In the event of your violation or threatened violation of nay of the terms hereof, the Company shall be entitled to enfoJ:Ce this Agreement by way of injunction in addition to any other remedies it may'1Je entitled 'to either at law or equity, In the event that any provision of the Agreement is declared unenforceable or yoid, the remainder of this Agreement shall continue in full force and effect. 8. This Agreement sball be executed in two counterparts, one of which shall be delivered to the Company and the other to the Emplpyee. CARUSLE SYNTEC SYSTEMS Accepted: ?~)))i/ Date: 6-,J-"tii' CON"FTDEN."BCJ" Nnv Y i: ':(jU~ 1 j i ! ! ! I "0-," . _..-,-JJ1. Ii . ._-7) .~_ '.h.'~__.=,_. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CARLISLE SYNTEC INCORPORATED, ) a Delaware Corporation, ) Plaintiff ) ) ~ ) ) RONALD D. HEAD, an individual, ) Defendant ) . CIVIL DIVISION NO. 05-6010 I I I ! ! I ~ ; , . ~ ! ~ ~ I . ~ ~ . , , ~ . RULE TO SHOW CAUSE AND NOW, this ,,).3 ~ay of '71t.'t ' ,2005, upon consideration of the Emergency Motion To Compel Defendant To Produce Computers For Forensic Examination, a Rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable It;; days from service. BY THE COURT, iV J iI2;'i tfJiJ./ <;;; '/ ht Tc:)";::~:-:"/ '". :.o.J"I"'lI,:f1 .....r.rt'... ?: " 1 ."",.J~ 'i.....~.;;~. l ::. ", .~ ,. . '!' . :Z~ ~'j :, I,: .: ~:. ~. '(;,:,..,;1J ~' . .......PfjM"'''''- ' 77~'. ""';"4rr ~. """- A c/.../ ./.. /.::a?C,,~ ',\ ! , I ! ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, ) a Delaware Corporation, ) Plaintiff ) ) v. ) ) RONALD D. HEAD, an individual, ) Defendant ) . CIVIL DIVISION NO. 05-6010 RULE TO SHOW CAUSE _....ut \/1 AND NOW, this o'.~ day of , I(J{; . ,2005, upon consideration of the Motion For Preliminary Or Special Injunction, a Rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable I {) days from service. BY THE COURT, i5f 9 U}.e.1~' (2&( () , J. / TRUE COpy f;:'~~~ ",.,~,...,!> }n T&st,m~;!y v"+.:::r~o~: I ~.. ,:.: '. ': ..,~ d h ' . " - . . -" nand an t.a seed cr sa;J ~~,:,..t :' ,~ .~',.,' '.r';'J 1",...... .., .......", .'~ -a Jhis ...."'n...... day of...>.1.~' .." '~~t:'~ , ~' ..........,....;1... , UIlo.....!~.~.~...!... . - . ' . . , . ....../.:::..>-::l-?<r p./ Prothon;t~;:Y<' .~ ----- NOV 2 2 2005 , CC"','- , "" <II \_',~._'4...l~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,. PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, ) a Delaware Corporation, ) Plaintiff ) ) v. ) ) RONALD D, HEAD, an individual, ) Defendant ), CIVIL DIVISION NO, 05-6010 RULE TO SHOW CAUSE AND NOW, this dJ~ay of Ylt>-t) . ,2005, upon consideration of the Motion For Expedited Discovery, a Rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule retumable IC) days from service. BY THE COURT, Is/ '} td.'4. &f{./ J, ''7 ';P ~ __ ...,., .,..~"""'("'ft':llD T~ll" .-.............'~. . ..' f" W ." :. . ~ ." . ,.. . '~'''''''.. .. ~'. --." 17:" ~1and ~nJ~~:~r,:~~;! ;">~,.; ': :~':'; ': ;,:" c,~ ':<~'~" 2a.' , ,,~' "",,<<,r '. ~.....,.;, Th'IS d," .. ~:" Of.... .!~........, ........n...,.. I ~ ~ '-<f.:-}4d~..<,r..,....i.:..:.2:iL;;?~ f i -=,-~,...t~.....~(..'t/ . Prothonotary 1~'01/2005 15:55 FAX 717 245 7133 '/ > '" tOll "to"" L$:;; ( II f24S5755 'SYNTEC LEGAL OBS .. !lODE. R1ck ~002 PAGE B2 CAlU.ISLE SYN't'EC INCORPORA'I'!D. Plain~ : J:NTIm. COURT OF COMMON P.LEAS : OF CUMBERLANI> COtMI'Y, : l'llNNSnv.ANIA v. , : NO. 05-6010 CIVIL RONALD D. HEAD. pei'''tldant. ORDER ANP NOW, this t~~y of \.!.~"" ,2005, ~heariJ:lgiaseton the Motion for Preliminary or Spcoial IlljUJ)ClIion, Muti....... fl;,. B:o..v.:.th.d Diocu ~..r.J 1ll.4 ~&2!l.~' r.!et!es 111 :tu!l'& Oe~el PeMJl.ez.1 ~_1')...d.- OIl....'~tef1 fer J:ullf..l" I!l:>;;LliBatl~Wore tM \1I:ldersipd on '.;... ....,,_.., ..,....".:'_;~.._.c.;.:'..:. . ',:.. ' ~ the ~i cItY of ~ ;2005 in CoUl'lroom Number 1 at 1;W~.~ ." BY nmCOURT, LJlUa-~j CU. ~~- I.r ~~ ~ fJ/).I7(fI'~ ~JrjJ~ ~~~ 10' ~ nc;' /7~/l J./. . m-A", /1'1.,;, I fr . ^ A W ~ ~ IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CARLISLE SYNTEC INCORPORATED, Plaintiff, No. vs. RONALD D. HEAD, Defendant. AFFIDAVIT OF RONALD D. HEAD I, Ronald D. Head, state that the following facts are true and correct: 1. I am the Defendant in the above-referenced lawsuit. 2. I was previously employed by Carlisle SynTec Incorporated ("Carlisle") as its Thermoplastic Polyolefin Roofing System ("TPO") Sales and Marketing Manager until it involuntarily terminated my employment on October 20, 2005. 3. Although I have done nothing improper and I did not have a non-compete agreement with Carlisle, even though Carlisle tried unsuccessfully to seek a non-compete agreement from me after my employment was involuntarily terminated, Carlisle seeks to enjoin me from continuing my current employment. 4. I previously maintained a residence in Grantham, Pennsylvania during my period of employment with Carlisle which is owned by my father and I jointly, and for which I pay my father a monthly sum. 5. I have no family in Pennsylvania. 6. On October 31,2005, I became employed by GAF Materials Corporation ("GAF") in Wayne, New Jersey, approximately 185 miles from Carlisle, Pennsylvania. 7. I moved to Wayne, New Jersey during the first week of November and reported to work in Wayne, New Jersey on November 7, 2005. On occasion, I have visited my prior residence to ready it for sale. 8. As of November 7, 2005, I have physically resided in New Jersey and intend to remain in New Jersey indefinitely. 9. My wife and I own a residence located in Vacaville, California where my wife lives. 10. My wife has never lived at the residence in Grantham, Pennsylvania but remained in California during my employment with Carlisle. -2- 11. I return to California for approximately one week each month. 12. As Carlisle's TPO Sales and Marketing Manager I oversaw aspects of sales of Carlisle's TPO products in excess of$75,000. 13. My current yearly salary from GAF is in excess of $75,000. I declare, pursuant to 28 US.C. S 1746, under penalty of perjury, that the foregoing is true and correct. Executed on December 14, 2005 --, !/ ' .' // <;~b//' Ronald D. Head Ii ,~f) ,i!c C7 r;;:::- 9~~ /'1/ 200 >, ~7 .~. b~ :z:;:~ . ~~:A A- ~- L 10 F PC- c:/!- /' SANDAAA.lEFFLER M Notal)' Public at New Jersey Y COmlll.iSSion &/li,. Fell. 22. 20~ -3- CARLISLE SYNTEC INCORPORATED, a Delaware Corporation, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-6010 vs. RONALD D. HEAD, an individual, CIVIL ACTION - EQUITY Defendant NOTICE OF FILING NOTICE OF REMOVAL TO THE PROTHONOTARY: PLEASE TAKE NOTICE that a Notice of Removal has been filed by Defendant Ronald D. Head to remove the above-captioned action from the Court of Common Pleas of Cumberland County, Pennsylvania, to the United States District Court for the Middle District of Pennsylvania. This removal was accomplished pursuant to the authority of the Judiciary and Judicial Procedure Act, 28 U.S.c. 9 1441 et seq. A copy of the Notice of Removal filed with the United States District Court for the Middle District of Pennsylvania is attached hereto as Exhibit A. Pursuant to 28 U.S.c. g l446(d), the filing of the Notice of Removal in the United States District Court for the Middle District of Pennsylvania, together with the filing of a copy of the Notice of Removal with this Court, effects the removal of this action and this Court shall proceed no further unless and until this case is remanded. December 15,2005 Respectfully submitted, ~Lo Tho as B. Schmidt, III CPA 19196) Justin G. Weber (PA 89266) PEPPER HAMILTON LLP 200 One Keystone Plaza North Front and Market Streets Post Office Box 1181 Harrisburg, P A 17108-1181 Phone: (717) 255-1155 Fax: (717) 238-0575 ora hac vice motion pending Michael D. Wexler (IL 06207847) Scott J. Humphrey (IL 06239169) Brian P. Roche (IL 062705(7) SEYFARTH SHAW LLP 55 East Monroe Street, Suite 4200 Chicago, lllinois 60603 Phone: (312) 346-8000 Attorneys for Defendant Ronald D. Head CERTIFICATE OF SERVICE I certify that on December 15,2005, I served a copy of the foregoing document on counsel by United States mail, first class postage prepaid, addressed as follows: Maria Greco Danaher, Esquire Dickie, McCamey & Chilcote, P.c. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 ~t-0-0 _ usl1 . Weber (PA 89266) ,~ . . y DEe 1 2 2005 LP' I CARLISLE SYNTEC INCORPORATED, a Delaware Corporation, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL DIVISION vs. RONALD D. HEAD, an individual, NO. 05-6010 Defendant ORDER AND NOW, this ~ day of December, 2005, upon consideration of the Motion for Admission Pro Hac Vice, IT IS HEREBY ORDERED that said Motion is GRANTED, and that Michael D. Wexler, Scott J. Humphrey, and Brian P. Roche are admitted pro hac vice to practice before this Court for the reason of representing defendant in this action only. BY THE COURT: J. 0" -\ HB: #]01829 vI (26KLOl !.DOC) .-:::) ,--- CARLISLE SYNTEC INCORPORATED, a Delaware Corporation, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RONALD D. HEAD, Defendant , NO. 05-6010 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of December, 2005, upon consideration of the attached letter dated December 19,2005, from counsel for Defendant, Justin G. Weber, Esq., the hearing the Motion for Preliminary or Special Injunction scheduled for December 20, 2005, is hereby cancelled. COUNSEL are requested to notify the court by motion at such time, if any, as they wish the hearing rescheduled. BY THE COURT, Maria Greco Danaher, Esq. Dickie, McCarney & Chilcote, .C. Two PPG Place Suite 400 Pittsburgh, PA 15222-5402 (d- )) - oS- CL,-'A..4 and David A. Baric, Esq. 19 West South Street Carlisle, PA 17013 Attorneys for Plaintiff -~ )1Is SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-06010 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . CARLISLE SYNTEC INCORPORATED VS HEAD RONALD D R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: HEAD RONALD D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED , as to the within named DEFENDANT , HEAD RONALD D 2803 SUNSET COURT GRANTHAM, PA 17027 SERVICE STOPPED PER ATTORNEY'S REQUEST. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage 18.00 31.68 .00 10.00 .37 60.05 So answers: ,,' 0"" ~/ ~~~~p~:~~;" R. Thomas Kline Sheriff of Cumberland County OBRIEN BARIC SCHERER 12/19/2005 Sworn and subscribed to before me this '" -<g~ day of/rfl.u~ ,)00'/ A.D. Prothonotary