HomeMy WebLinkAbout02-1575.COmMOnWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
Cumberland
NOTICE OF APPEAL /~'//
FROM
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the
date and in the case mentioned belo~
Carl W. Schleicher/I.C.S.
~me~c$ OF ~LL~NT
4004 E. Trindle Road
03/21/02 Michael P. Gro~an
09-3-04 Thomas A. Placey
Camp Hill PA 17011
V~ C~a~l W. SeJ~leicher/I C e
ooooo _o
LT
~is ~¢k will ~ ~ ONLY ~n this ~.;~ is ~uimd u~ P~ R.C~JA ~
1008&
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possessian in this cask
Signature of Prothonotary or DePuty
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fo~n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of al:vpeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter mle upon Michael P. ~ Gro~an
(Comman Pleas Ncx Nameofal3Dellee(s) ' ~ .~.~, to fi,~plaint in this appea/
)within twenty (20)days after ses'viceT~~ pros.
, amalee(s).
RULE: To_ Michael P. Gro~an
Name of appe#ee(s)
(i) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
smvice of this rule upon you by personal service or by certified or registered mail
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (!0) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF .; SS
AFFIDAVIT: t hereby swear or affirm that I served
[] a copy of the Notice of Appeal, Common Pleas No .......upon the District Justice designated therein on
(date of service) .... [] by personal service [] by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appe lee, (name) , _. , on
..... [] by personal service [] by (cert f ed) (registered) mail, sender s receipt attached hereto.
[] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on ...... [] by personal service [] by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS _ DAY OF ....... Signature of affiant
Signature ~? ~fficia! before whom affidavit was made
Title o! official
My commission expires ~,~ .....
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF:
Mag. Dist. No.:
09-3-04
DJ Name: Hon
TI~'O~-~.'~.S A.
~,ess: 104 S~ SPORTING HILL RD.
MECHANICSBURG, PA
T~eohose: (717) 761- 8230 17050
CARL W. SCHLEICHER/I.C.S.
4004 E. TRINDLE RD
CAMP HILL, PA 17011
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
NAME and ADDRESS
~GROGAN, MICHAEL P. -~
days or r~ generally stayed.
PO BOX 15555
HARRISBURG, PA 17105
L
VS.
DEFENDANT: NAME and ADDRESS
FCAKL W. SCHLEICHER/I . C. S .
4004 E. TRINDLE RD
CAMP HILL, PA 17011
IDocket No.: CV-0000069-02
Date Filed: 2/08/02
TI~iS IS TO NOTIFY YOU THAT:
Judgment:
F~I Judgment was entered for: (Name)
~ Judgment was entered against: (Name) C'J~WT. W_
n the amount of $ 7:~.q'7 _ ~n on:
[--~ Defendants are jointly and severally liable.
[~ D~ag~s wJllr b'e '~S~9§$~'On:. :? - ' ,.; ; '.
~-] This case dismissed, .~wit, b~, .., ~judice.
~-] Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
~ Levy is stayed for
~1 Objection to levy has been filed and hearing will be held:
~ ~T, TT.'Ii~T ~".R~ / T _
(Date of Judgment)
(Date & Time~
..J
J
Amount 0~. Judgment $ 7,200.00
Judgment Costs $ 97,50
Interest on Judgment $ o 00
Atto[ney Fees $ .00
Total $ 7~297.50
Post JuCgment ,Credits
Post Judgment Costs
Certified Judgment Total
Date:
Time:
Place:
ANY PARTY HAS'THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIV YOU
MUSTIHCLUDEA COPY OF EOF UDG, RiPT
~Date
II cedify ~hat {his isa tru~rrc~t
--__.. . g..,. J g
My commission expires first Monday of Ja~uaw, 2004 SEAL
AOPO 315-99
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WiTHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
~ SS
AFROAV)T: I hereby swear or affirm that I served
[] a copy of the Notice of Appeal, Common Pleas No. 02-1575 _, upon the District Justice designated therein on
(date of service) 04/0-3J02 , [] by personal service [] by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) Michael P. Grogan '
,0,'1
04/0_3/02 [] by personal service [] by (certifiedi (registered) mail, senders rece'pt attached hereto.
[] and further that I ~rved the Rule to File a
Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on ~4/o3/02
mail, sender's receipt attached hereto.'
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS 4th DAY OF _~_p_r.~ ~ ...... 2002
~lgnature e, olllciai before wt~orn.4ffidavit was made-
TNe of
, [] by personal service []] by (certified) (registered)
~/~/'~: / i,'"
___/2.. ~,~'._.:_._ . ,
~ho/~as O, W±lliam$, ES'~i, Signatui~Si-~'~
RECEIPT
71111746210000001327
FROM:
TA~VTOW
RE: Notice of Appeal
SEND TO:
roislrict Justice Thomas A P~acey
~04 S Sporting Hill Road
M~chanicsburg PA 17050
FEES:
TOTAL $ 3.94
DATE
RECEIPT
71111746210000001310
FROM:
TAA/TOW
RE: Notice ef Appeal
SEND TO:
Michael P~ Grogan
P.O. ~ox 15555
H&rrfsburg PA 17105
FEES:
Postage
Cer[i6ed Fee
Special
Restricted
Receipt 1.50
TOTAL $ 3.94
PO~ATE
MICHAEL P. GROGAN,
Plaintiff
CARL W. SCHLEICHER/I.C.S.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No.: 02-1575
: Civil Action
CERTIFICATE OF SERVICE
I, Thomas O. Williams, verify that on April 26, 2002, I caused the Notice which is
attached hereto as Exhibit A to be placed in the United States mail, first class, postage prepaid
and addressed to Plaintiff at Michael P. Grogan, P.O. Box 15555, Harrisburg, PA 17105. A
copy of the certificate of mailing is attached hereto as Exhibit B.
Date: April 29, 2002
Respectfully submitted,
REAGER & ADLER, P.C.
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Defendant
MICHAEL P. GROGAN,
Plaintiff
CARL W. SCHLEICHER/I.C.S.,
Defendant
IN TI-lB COURT OF COIvl/VlON PLEAS
CUiVlBERLAND COUNTY, PENNSYLVANIA
No.: 02-1575
Civil Action
To:
Michael P. Grogan
P.O. Box 15555
Harrisburg, PA 17105
Date of Notice: April 26, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAy LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO
A LAWYER AT ONCE. It* YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
ThSma~ O. Williams, Esquire
Attorney I.D. No. 67987
R.EAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Defendant
EXHIBIT "A"
U.S* POSTAL SERVICE CERTIFICATE OF MAILING Af~x fee here in $'
P_EAGER & ADLER, PC
,
2331 Market Street
· end
of
PS Form 3817, Mar, 1989
EXHIBIT "B"
VE BEEN SUED IN COURT- IF YOU %~ISH TO DEFEND
YOU HA ...... · IN THE FOLLOWING PAGES, YOU HUS~
ACTx°N WITHIN (?). C
ARE SERVED, BY ENTERING__A .~..~.~..-~-~.,~" '"ITH ~ COURT yOUR DE~'~NSES
~ A~X ~ FILrNG IN ~-~--~AGAINST YOU. ,OU A~ ~R~D
~ Z~ ~OU ~ ~ ~ ~u ....... Y~ BY ~ C~ ~'~HOU~ ~R~HER
A JU{ ~Y BE ~D AGAIN~ THE ~LAI~ OR ' A~ OTI{ER
~R
N~ICE ~R ~ ~Y CLAI~D
C~IH OR ~LIEF ~Q~STED BY ~ pLAI~IFF- YOU' ~Y LOS~ HONEY
OR PROPERTY OR OTHER RIGHTS I~ORT~T ~ Y~'
YOU SHOULD T~ THIS PAPER ~ Y~R LAWYER" AT ONCE. IF
YOU ~ N~ HAVE A LA~ER OR CA~ AF~RD O~. ~ TO THE T~LEPI{O~
OR THE OFF~CE SET ~RTH BE~ ~ F~ND ~ ~RE YOU C~ GET LEaL
HELP.
2 L~ A~
~ ~IS~ PA 17013
717 249 3166
MICHAEL P. GROGAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No.: 02-1575
CARL W. SCHLEICHER/I.C.S.,
: Civil Action
COMPLAINT
1. Michael P. Grogan is hereto after referred to as the "PLAINTIFF".
2. The PLAINTIFF currently resides at 548 Walton Avenue, H, mmelstown, Pennsylvania 17036.
3. Carl W. Schleicher, who is the owner of I.C.S., is hereto after referred to as the "DEFENDANT".
4. The DEFENDANT owns and operates the business of I.C.S. at 4004 East Trindle Road, Camp Hill,
Pennsylvania 17011.
5. The PLAINTIFF was employed by the DEFENDANT from September 15, 1986 until February 7,
2001.
6. The DEFENDANT first used and forced his employees to sign Employment Agreements in
February 1991. These included a requirement to provide a specific type of personal vehicle for
business use or face termination. EXHIBIT-1.
7. The DEFENDANT represented the sum ofreimbursemont for use of the employees' vehicles as $ 600.00 per month. EXHIBIT-2.
8. The PLAINTIFF in keeping with this policy purchased several vehicles including a 1996 Ford
Bronco in January 2001. EXHIBIT-3.
for having requested,
9. The PLAINTIFF was fired by the DEFENDANT on Febma~ 7, 2001 5.
seheduled, and taken a vacation in accordance with company policy. EXHIBIT-4 &
10. The PLAINTIFF was subsequently granted unemployment compensation benefits and received
them for six months and returned to a full-time job in March 2002.
11. The DEFENDANT through his Attorney sought to restriet the PLAINTIFF'S future employment
with threats of civil action to enforce a restrictive clause in the Employment Agreement.
EXHIBIT-6.
12. The PLAINTIFF is seeking relief from the DEFENDANT for the financial obligation brought on by
the Employment Agreement for the period of unemployment plus costs totaling $ 7,297.00.
1-1
O n'r I~
Dated 2-18-91
Employee's Name:
POSITION=
INVBBTIG~TIVB ~ONBULT_I~T ~BRVI~B~w INC.;H
-Terms of Bmplo~ment" for PerSons ~plo~ed
(This agreement supersede? a~l other employment
agreements enterea in=o y the employee)
11 ersons now employed or who will be employed in the futu.re
A P ...... o~_.4~ Tnt. I"ICS"), a Pennsylvania
co~o ......... ~--~n~a as prlva=e
eet Harrisburg, ~nss~X~
~t.r _. , ...... ti-ator during the course of his ~plo~ent with
~e~ec~lves/xnv~
ICS.
In consideration of the hourly wage agreed upon at the time
in each new employee, or for the hourly wage. cu.rren~ly being
of hi~ ~ ~ --~ ...... and suDsequen~ nourl~ .wag~
earne~ Dy curren~ ~x~, .....
uations and in further consideration of__~he ~1=1~
eval ' .- - ~- --~a~,~ with current
- private Detective/Investigator. sgou~u
acknowledge, with his signature, the follow1 g
1. I will receive an hourly wage which is to be paid in
onthl installments, payable on the last day of each month, and
m - ~ ....... ~-- -~ ~deral state and local taxes, etc. I
11 record all hours worked on tlm~ sheets ~o be revlewe~ by my
wi ......... ~ ---~11 be -a~d for a minimum of
1sot. ~ unaers=ana ~nu~ ~ w. ~ .
sup~rv ............... ~ Tn addition to this hourly wag~, .th~
for~y (4uj n~ a_ ~ .... _,~-_ ....... ~ have been explalnea
following add~tlona~ Dene=~=s o~ m~ ~m~-~--nt
in detail to me by my supervisor:
(a) Vacation policy and personal days~
(b) Sick leave polioy~
(c) Paid holidays. Vacation days, personal days,
sick days and holidays will be credited as
eight (8) hour days for pay purposes~
(d) Medical benefits for myself and my family~
(e) Life insurance benefits~
(f) Long-term disability benefits~
(h)
(J)
Profit-sharing plan and 401K plan;
Overtime pay for hours worked in excess of
fo.r~.y (40) hours a week. Overtime pay will be
paxd on the next payday after the month in
which it is worked (i.e., October overtime
will be pain in November);
Reimbursement for business mileage that I drive
~ile working for clients .that are ordinarily
billable to clients at a reimbursement rate to
be set by ItS.
Reimbursement for b. usiness expenses that
incurred while workxng for the clients and :5:
ordinarily billable to clients.
· I understand that the nature of my Job will require long
2 ........ ~ de~ndina on the specific requiremegt
hours and o~a nours o~ wyse, =- ~
ses assi ed to me for investigation- I understand this
of the ca gn ...... ~ A- ~-*sion. I acknowledge
e ire holiday and weemenu wu~ v,, w.. . ....... ~ ....
may. r..qu -- -=-~ .... -~ xim-m hours requlre~ on u~x ~,v~,,
tha~ ~nere are no m~-~- -t ma.: ~l~____ ~ necessary to ensure
~ssi~nment. I agree ~o uo wn~v~ ~ -~ __ .
day or _. ~ . ..... ~--en is investigated thoroughly an~
that each asslgnmenu ~ =m ~
professionally.
· I understand that my perfokmanoe will be compared to other
3 .......... ~sor and that sustained, superio~
investigators Dy my ~u~.~?~ through ---ality pay increases an~
performance will be rewar~eu
u ervisor. I also understand
at the discretion of my s.p . .
bonuses ..... ~ ........ ~a~ it will be pointed
that if my performance
out ~o me by my supervisor, and adm~nistrative action may De :amen
by my supervisor.
4. I understand that my employment is "at will# and may be
terminated by ICS or me at any time.
5. I understand that, if I disagree in any way with my
supervisor's decislons and assignments, I may appeal such decisions
and/or assignments in writing to the President of ICS.
6. I understand that ICS company policy forbids me to carry
firearms or other concealed weapons during the course of my
employment due to restrictions in the corporate liability insurance
policies.
7. I understand and have read the corporate
regarding p~rt-time employment. I agree to comply w~th the terms
of that policy.
· I understand that it is imperative that I hold a valid
8 ........ ~ affirm that the information
driver's ~n~=. ~ ~-= ~ ....... lovment application ~s ~ru~
driver ~ hist ry P ...... crt any loss or suspension of my
and valid as stated. I w~£ r~
driver's .license to rCS immediately. I also affi~,~ that I have not
been convxcted of a felony or any offense involving moral turpitud
or any misdemeanor or offense of any nature.
suitable for investigative and surveillance worX. The ven.~oaB
be approve~ by my regional manager..I will not perform maintenance
of or repairs to my vehicle on ICS time. I further under, stan~ t~..at
I must carry my own vehicle insurance and agree to proviae ICS
annually. In addition, I will repor~ Y
automobile policy to ICS i~mediately.
to me by ICS and to utilize care in nan~lxng aAA Aum =qu~w~..~-
I understand that I may be liable for repairs or replacement of
said equipment is shown to be a result of negligent or intentional
misconduct on my part.
11. I understand and agree that if,.after termination of my
em loyment with ICS, I am requxred to testify at a hearing or other
~Tiii~,t=i~e matte~which occurred during my
I will be reimbursed accor~lng =o ~nB ~u~A~.
allowed by the Internal Revenue Service and a? an hourly rate e~t
-- ......... ~sed annually by ICS and
equitable amount for time and service. I understand that I may
request that a subpoena be issued for my testimony.
12. I agree to keep an accurate record of my time and mileage
on a "Time and Mileage Record" in accordance with ICS policy and
further agree to keep a valid and accurate record of reasonable
expenses incurred in the course of my employment with ICS supported
by receipts, for which I will be reimbursed bi-weekly upon
submission of my ,,Bi-weekly Expense Voucher." I also understand
that I will receive a cash advance which I must account for by
utilizing my -Bi-weekly Expense Voucher."
13. I understand and agree that, during the term of my
employment with ICS and within two (2) years after termination of
employment with ICS, I will not divulge the names or addresses of
any of the clients or customers of ICS to any party not employed
by ICS, nor will I call on or market any current client of ICS on
behalf of myself or any other employer, with the exception of
certain client or customer information which may be provided to
current clients or future clients as references. Additionally, I
agree, during the term of my employment end for a period of two (2)
years after termination of my employment with ICS, not to divulge
any information which I learned while in the employ of ICS which
could be construed as a "trade secret." All such disclosures must
be approved by corporate headquarters.
14. I agree to conduct myself at all times while an employee
of ICS in an ethical, moral and professional manner.
15. I agree to provide two (2) weeks' written notice in the
event I desire to terminate my employment with ICS. I understand
that I will be paid at the time of termination of my employment,
at the end of the calendar month followingthe date of termination,
and that my final paycheck will include payment for unused annual
leave in accordance with the current IC~ policy. I understand
that, prior tot he issuance of my final paycheck, my equipment will
be inspected for damage and accounted for, and my expense voucher
reviewed and settled. All damage to my equi~ment must be resolved,
and all costs incurred by ICS will either be paid for or will be
deducted from my final paycheck.
16. I understand that any violation of the -Terms of
Employment" may result in ad~inistrative or disciplinary action
being taken by ICS.
· ee to rovide two (2) weeks'.written notic~ in. th~
15 I agr P. . . ____6 u~ TCS. I unaers~ana
ent I desire to terminate. ~ p_ .ym ............. ~ovment
ev aid at the time of ~er~lna=lon o~ mx ~m~=- ,
that I will be p ..... ~-~in-the date of termination,
he calenaar monu~ A~AA~w
at the end of t ..... ~--~--~- ~avment for unused annual
al a o~ecK will
and that my fin P Y ............. t ICS ~olicy. I understand
t"=?' ~t~-,_- ~--a-e and accounted for, ana
and all costs lncur~eu Dy ~
deducted from my final paycheck.
16. I understand that any vi~lation of th~ -Terms of
Employment" may result in administrative or discipl~nary action
being taken by ICS.
. I understand and acknowledge .that ~ use of
list 17 rospective client material, price l~s~,
s, p erial consLdereu ~ ~-~
and/or other c?nfid~ntial mat th I S ma~ result in legal
after termination or my employment wi__ _C _
action being taken against me by ICS.
18. Employee shall not divulge any information acquired by
employees of ICS, Inc. to anyone and further shall not make a false
report to ICS, Inc. To divulge information is a violation of
Section 14 of the Private Detective ACt.
I, the undersigned, acknowledge that I have read and
understand the above -Terms of E~ployment-#
Investigative
Consultant
Services, Inc.
May 23, 1997
Ms. Shelly Adler
Columbia National, Inc.
20 Efford Koad
Lemoyne, Pennsylvania
17043
Dear Ms. Adler:
This letter is a followup to a recent telephone conversation with an official of
Columbia National, Inc. concerning Michael P. Grogan and the use his personal vehicle.
Mr. Gxogan has been employed by Investigative Consultant Services, Inc. as a full
time private investigator since September 15, 1986. In January, 1991, company policy
was instituted requiring all investigators to provide their own work vehicle conshtent with
the needs ofthek job. Since that time, each investigator, including Mr. Grogan, has been
reimbursed .six hundred dollars per month in the fox~a of bi-weekly expense checks for the
use of their vehicle. The total amount oft'his bi-weekly check may vary as additional
expenses are also reimbursed.
Should you have any further questions regarding Mr. Grogan's reimbursement for
vehicle use, do not hesitate to contact me.
Very truly yours,
PRESIDENT
CWS/se
4004 East Trindle Road * Camp Hill, PA 17011-4242 * (717) 730-7377 * (800) 692-7404
LICENSED IN PA, NJ, DE, MD, and NY
KeyStone Au+,o ~×c',~'-?e ~.~{~, ~-
Auto-Max of Colonial Park
4220 Jonestown Rd.
Harrisburg, PA. 17112
(717) 541-1600
Auto-Max o! Mechanicsburg
5270 E. Trindle Rd.
Mechanicsburg, PA. 17055
(717) 691-6888
FOR THE FOLLOWING . ~ * ' -. '
[] TRUCK ~" - .~--'~'"~ET
' TYPE ~' -~ ' ~ ' '. ~'
PR.CE OF VEHICLE
' IP.o.~
~_~'~L~'~ Net Tra
· ' {Ye
ertl or refuse to take deh~ of.the vehigle Cash on Del
~;u shall, at our option, foned as ~amagestne --~al
all of the terms and conditions on both the face and reverse side hereof, that this order cancols and supemedes an~
and exclusive statement of the terms of agreement relating to the subject matters covered hereby
acknowledges that he has read its terms and conditions and has received a true copy of th~s order
r ' ; DATE
TO: ALL iNVESTIGATIVE
CWS
FROM~ December 22, 2000
DATE:
g~: VACATION USE
· that the improved qmdity of much of our w.o. rk is
v am al*nmi to share with you ..... r.~-- a more varied group of clients.
~.~'a~q~ ~- increased reworks aaa assl .g~m..~u~.. ;~_~--. .... as we have not had the
~' .... ~_-, - anemma over this nonoay ~.~z~.-., .......
This has presenteu a ~,~ _ ._ ;.am~ the mecific w~nes m our
necessary manpower in some nr__~_~ ~u ,m,-- -r--
For this re~o., n and as a prncti¢_nl business d .e~.' ion, I zm in~titnting the following
rules regar&ng vncafians over i~olidays. Effective with the new year, no more th_,n
L_ .w at one time. This means that
· · ' ' ell area may o~ o,n - .
h~w nf the investigators m a gtv ..... -~-- or a neriod after the
"--'--- ...... be forced to take days mso.re .a .u_~,~_;.tn..t,s~Da¥. Memod_n_!
some m you m.~ .__ __ _n ~..uA..s to mcluoc r~m~,---
Day, ~ul~ 4a, Labor Day as well as the ma]or ones.
oil u~li of your work and senioriW. When you have
· ri will be givell based q__ t~ ...... -~ --~ure ~our place oil the
,neelnl events to consxder, tall Sh.e.rr .... u.~..~,,o nroblems may be camed
'r~E-~,_ w.~.~4~ that ~s I~ot nsen aue o
over to the next year.
Turning down work over a holiday means that subsequent reworks and .p .e~h~ps
new assignments ga to the investigative company that was able to meet then' mltiai
request.
Thi~ policy has been in effect in the office forever, where only half of the ~_~ff may
take vacation at one _time.
No.: 02-1575 ;3 1 o O I
EXHIBIT-5 )'
T"ve aJ ~, y ,
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA DENISON CANTOR
Writer's E-Mail Address: taadie~'@epix.net
REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-4642
717-763-1383
TELEFAX 717-730-7366
WEBSITE: ReagerAdlerPC.corn
March 21, 2001
THOMAS O. WILLIAMS
suSAN H. CONFAIR
JOANNE H, CLOUGH
PETER L. LEONE
Certified Civil Tdat Specialist
Michael Grogan
P.O. Box 15555
Harrisburg, PA 17105-5555
Re: Investigative Consultant Services, Inc.
Our File No.: 00-871
Dear Mr. Grogan:
We are legal counsel to Investigative Consultant Services, Inc. Recently you resigned as
an employee oflCS. The purpose of this letter is to remind you of the post employment
restrictions that are part of the employment agreement you signed when you went to work for
ICS. Paragraph 13 of the agreement prevents you from contacting clients of ICS and soliciting
their business for a period of two (2) years from the date of your termination. If you violate this
provision, legal action will be taken by ICS to enforce it. Additionally, you are not permitted to
encourage anY present ICS employees to terminate their employment and you are prohibited
from disclosing any information about ICS's clients, its fee structures, management systems,
marketing p!a~s~ client list or any other information that could be deemed a "trade secret".
We trust that you will comply with all of the terms of the agreement.
Thank you. Very~
Theqdore A. Adler
TAMcmc
cc: Investigative Consultant Services, Inc.
No.: 02-1575
I, Michael P. Grogan, do hereby swear and/or affirm that I have reviewed the attached complaint and
all exhibits and all facts set forwarded are ~xue and correct to the best of my knowledge and belie£
Sworn and Subscribed to before me
t~is ~- ~a~ o~ ~ -~
~oo~ ^.~. ~.o0,~, ~~~/
--NOTARY PUBLIC
Michael P. G-rogan
548 Walton Avenue,
Hummelstown, PA 17036
(717) 979-6317
NOTAR AL SEAL
LAUDIA A. BREWBAKER, NOIARY PUBLIC
Car s e Boro, Cumberland County
My Commission Expires Apr 4, 2005
ROBERT J. HERRMANN, :
_.
Plaintiff :
_.
V. -'
REBECCA T. HERRMANN, :
Defendant :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-1596
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Melissa L. Van Eck, counsel for Plaintiff, Robert J. Hemnann, hereby certify
that a true and correct copy of the Complaint in Divorce was served upon the following, by
certified mail, return receipt. Attached hereto, marked as Exhibit "A" and incorporated herein by
reference is a copy of the return receipt card indicating service upon:
Rebecca T. Hemnann
88 Rhein Strausse
55413 Niederheimbach, Germany
Defendant
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Melissa L. Van Eck, E~quire
I.D. No. 85869
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiff
Robert d. Herrmann
Date: May x.~ , 2002
Document #: 233519.1
Registered, Adicle [EnvOipnntedrecommandd)Matter Other [] Rec;rded D'elivery
[~ Letter (Lettre) [] (Impfim~) [] (Autre) I (Envoi ~ livraison attest~e) []IntemationaExpress
Insu red Parcel Insured Value (Valeur dgclar¢e) Article Number
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Office of Mailing (Bureau de dgpSt) Date of Posting (Date fle d¢pSll ---
.~'~ ]Addressee Name or Firm (Nora ou raison sociale du destinataire)
~ I Rebecca T. Herrmann
~' ~ I Street and No. (Rue et No.) ,'
~188 Rhein Strausse
IPlace and Country (Localit~ etpays)
I 55413 Niederheimbach, Germany
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PS Fo~ 2865, October 19~,
MICHAEL P. GROGAN,
Plaintiff
CARL W. SCHLEICHEPJI.C.S.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No.: 02-1575
:
: Civil Action
:
NOTICE TO PLEAD
To: Michael P. Grogan
YOU ARE HEREBY NOTWlED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED pRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST
YOU.
Date:
May 17, 2002
Respectfully submitted,
REAGER & ADLER, P.C.
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attomeys for Defendant
MICHAEL P. GROGAN,
Plaintiff
Vo
CARL W. SCHLEICHER/I.C.S.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No.: 02-1575
:
: Civil Action
.
DEFENDANTS' PRELIMINARY OBJECTIONS
I. DEMURRER
1. The Plaintiff commenced this action by filing a Complaint on May 6, 2002,
following an appeal from a District Justice Judgment.
2. The Plaintiff in his Complaint identifies the Defendant as follows: "Carl W.
Schleicher, who is the owner of I.C.S., is hereto after referred to as the 'Defendant'"(Complaint
at paragraph 3). A true and correct copy of the Complaint including Exhibits which was served
on counsel for the Defendant is attached hereto as Exhibit "A".
3. The Plaintiff has attached several documents as exhibits to the Complaint
including an employment agreement attached at exhibit 1.
4. Exhibit 1 is a written agreement between Investigative Consultant Services, Inc.
and the Plaintiff, Michael P. Grogan.
5. There are no documents attached to the Complaint executed by Carl W.
Schleicher in his individual capacity.
6. Plaintiff's Complaint is devoid of any allegations whatsoever supporting the
piercing of the corporate veil of Investigative Consultant Services, Inc.
7. Plaintiff has failed to allege sufficient facts to pierce the corporate veil of
Investigative Consultant Services, Inc.
8. Pennsylvania Rule of Civil Procedure 1028(a)(4) authorizes the assertion of a
preliminary objection for the legal insufficiency of a pleading (demurrer).
9. Since it is clear and free from doubt from all of the facts pleaded that Plaintiff will
be unable to prove facts legally sufficient to establish liability on the part of Carl W. Schleicher,
the Complaint must be dismissed with prejudice.
WHEREFORE, Defendant respectfully requests this Honorable Court to grant the
preliminary objection and to dismiss the Plaintiff' s Complaint with prejudice.
II. DEMURRER
10. Pennsylvania Rule of Civil Procedure 1028(4) authorizes the assertion of a
preliminary objection for the legal insufficiency of a pleading.
11. Plaintiff's Complaint is devoid of any allegation that the Defendant breached a
contract.
12.
The Plaintiff's Complaint is devoid of any allegation that the Defendant violated
any duty to the Plaintiff or that the Defendant violated a statute.
13. Even taking all well pleaded facts in the Complaint as tree, along with every
reasonable inference, the Complaint fails to state a cause of action upon which relief can be
granted.
14.
may be granted, the Complaint must be dismissed with prejudice.
Because the Plaintiff's Complaint fails to state a cause of action upon which relief
WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss
Plaintiff's Complaint with prejudice.
Date: May 17, 2002
Respectfully submitted,
Thon~as~. Willian~s, Es'quire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Defendant
YOU HAVE BEEN SUED IN COURT. XF YOU WISH TO DEFEND
AGAINST THE ChArMS SET FORTH rN THE FOLI, O~TNG. PAGES, You HUST
TAKE ,ACT. TON WITHIN TI(ENTY (20) DAYS AFTER THIS COMPLATNT AND NOTICE
~. SE~D, BY ENTERTNG A T61t~T'EEN APPEARANCE PERSONALLY OR BY
AN AT?ORN~Y AND FILING TN M'RTTI'I~G WITH TH~ COURT YOUR DEFENSES
OR OBJECTIONS TO THE ChAINS SET FORTH AGAINST YOU. !OU ARE NARN~D
THAT IF ]~OU FATL TO DO SO TH~ CASE MAY PRC)CE~D WI ~HOUT YOU AND
A JuDGI4~RT MAY SE B~ITERED AGATNST YOU B~ THE CO(/RT W '.THOUT FuRTHER
NOTZC~ FOR ANY I~ONEy CLAIMED TN THE CCX~PhATNT OR ?OR ANY OTKER
CLA*II~ OR I~HL/EF REQUESTED BY THB PLATNTTFF. yOU'~ %Y LOS~ MONEY
OR PROPERTY OR OTHER RIGHTS ]I~i~ORTANT TO YO~. ]..
YOU SHOULD TAKE THTS PAPER .TO YOUR hAWYER~AT ONCE. KY
YOU DO NOT' HAVE A hAMYER OR CANNOT AFFORD ONe, GO TO THE TF. LEPIIONE
OR TH~ OFFTCF- SET FORTH Bl~l~tr TO FTND OUT WHERE YOU CAN GET LEGAL
HELP.
~Cutfl~T/'BAR A~K~CIATION
2 L/BERTYA~
CARLISLE PA 17013
717 249 3166
MICHAEL P. GROOAN,
Plaintiff
CARL W. SCHLEICHERfI.C.S.,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No.: 02-1575
;
: Civil Action
COMPLAINT
1. Michael P. Orogan is hereto afte~ refeaxed to as the "PLAINTIFF".
2. The PLAINTIFF currently resides at 548 Walton Avonue, Hnmmelstown, pennsylvania 17036.
3. Carl W. Selddcher, who is the owner ofLC. S., is h~+~o aRer reft[ed to as the "DEFENDANT".
4. The DEFENDANT owns and operates the business of I.C.S. at 4004 East Trindle Road, Camp Hill~
Peamsylvania 17011.
5. The PLAINTIFF was employed by the DEFENDANT from September 15, 1986 until February 7,
2001.
6. The DEFENDANT first used and forced his employees to sign Employment Agreemants in
February 1991. These included a requirement to provide a specific type ofpersonal vehicle for
7, The DEFENDANT represented the sum of reimbursement for use of the employees' vehicles as $ 600.00 per month. EXI-ffBIT-2.
8. The PLAINTWF in keeping with this policy purchased several vehicles including a 1996 Ford
Bronco in January 2001. EXHIBIT-3.
9. The PLAINTIFF was fired by the DEFENDANT on February 7, 2001 for having requested,
scheduled, and taken a vacation in accordance with company policy. EXItlBIT-4 & 5.
10. The PLAINTWF was subsequently granted unempl°Yment compensation benefits and recoived
them for six mmths and returned to a full-time job in March 2002.
11. The DEFENDANT through his Attorney sought to restrict the PLAINTIFF'S future employment
with threats of civil action to enforce a restrictive clause in the F. mployment Agreement.
EXHIBIT-6.
12. The PLAINTIFF is seeking relief from the DEFENDANT for the financial obligation brought on by
the Employment Agreement for the period of unemployment plus costs totaling $ 7,297.00.
1-1
5' -aC -02
Dated 2-18-91
POSITION:
INVESTIGATIVE CONSULTANT BBRVICBB, INO.'S
,,Terms of Employment" for Persons Employed
as Private Detectives/Investigators
Effective Merch 1, 1991
(This agreement supersedes all other employment
agreements entered into by the employee)
All persons now employed or who will be employed in the future
by Investigative Consultant Services, Inc. ("ICS"), a Pennsylvania
corporation with its corporate office located at 3109 North Front
Street, Harrisburg, Pennsylvania, as Private
Detectives/Investigator during the course of his employment with
ICS.
In consideration of the hourly wage agreed upon at the time
of hiring each new employee, or for the hourly wage currently being
earned by current employees, and subsequent hourly wage
evaluations, and in further consideration of the additional
benefits provided in accordance with current ICS policy, each
licensed Private Detective/Investigator should read and
acknowledge, with his signature, the following terms:
1. I will receive an hourly wage which is to be paid in
monthly installments, payable on the last day of each month, and
subject to withholding of federal, state and local taxes, etc. I
will record all hours worked on time sheets to be reviewed by my
supervisor. I understand that I will be paid for a minimum of
forty (40) hours a week. In addition to this hourly wage, the
following additional benefits of my employment have been explained
in detail to me by my supervisor:
(a) Vacation policy and personal days;
(b) Sick leave policy;
(c) Paid holidays. Vacation days, personal days,
sick days and holidays will be credited as
eight (8) hour days for pay purposes;
(d) Medical benefits for myself and my family;
(e) Life insurance benefits;
(f) Long-term disability benefits;
(h)
(i)
(J)
Profit-sharing plan and 401K plan;
Overtime pay for hours worked in excess of
forty (40) hours a week. Overtime pay will be
paid on the next payday after the month in
which it is worked (i.e., October overtime
will be pain in November);
Reimbursement for business mileage that I drive
while working for clients that are ordinarily
billable to clients at a reimbursement rate to
be set by ICS.
Reimbursement for business expenses that are
incurred while working for the clients and are
ordinarily billable to clients.
2. I understand that the nature of my job will require long
hours and odd hours of work, depending on the specific requirement
of the cases assigned to me for investigation. I understand this
may require holiday and weekend work on occasion. I acknowledge
that there are no minimum or maxim~m hours required on any given
day or assignment. I agree to do whatever is necessary to ensure
that each assignment I am given is investigated thoroughly and
professionally.
3. I understand that my performance will be compared to other
investigators by my supervisor and that sustained, superior
performance will be rewarded through quality pay increases and
bonuses at the discretion of my supervisor. I also understand
that, if my perfo£mance is lacking in any way, it will be pointed
out to me by my supervisor, and administrative action may be taken
by my supervisor.
4. I understand that my employment is "at will" and may be
terminated by ICS or me at any time.
5. I understand that, if I disagree in any way with my
supervisor's decisions and assignments, I may appeal such decisions
and/or assignments in writing to the President of ICS.
6. I understand that ICS company policy forbids me to carry
firearms or other concealed weapons during the course of my
employment due to restrictions in the corporate liability insurance
policies.
7. I understand and have read the corporate policy memorand,,~
regarding part-time employment. I agree to comply with the terms
of that policy.
8. I understand that it is imperative that I hold a valid
driver's license. I affi£,u that the information regarding my
driver's history as presented in my employment application is true
and valid as stated. I will report any loss or suspension of my
driver's license to ICS immediately. I also affirm that I have not
been convicted of a felony or any offense involving moral turpitude
or any misdemeanor or offense of any nature.
9. I understand that I must supply my own vehicle that is
suitable for investigative and surveillance work. The vehicle must
be approved by my regional manager. I will not perform maintenance
of or repairs to my vehicle on ICS time. I further understand that
I must carry my own vehicle insurance and agree to provide ICS with
a current certificate of insurance upon renewal, or at least
annually. In addition, I will report any cancellation of my
automobile policy to ICS immediately.
10. I agree to signa receipt for all company property issued
to me by ICS and to utilize care in handling all ICS equipment.
I understand that I may be liable for repairs or replacement of
said equipment is shown to be a result of negligent or intentional
misconduct on my part.
11. I understand and agree that if, after termination of my
employment with ICS, I am required to testify at a hearing or other
judicial proceeding regarding an investigation or other
administrative matter which occurred during my employment with ICS,
I will be reimbursed according to the current rate for mileage
allowed by the Internal Revenue Service and at an hourly rate set
by ICS and advertised to all employee by a policy memorandum. This
rate will be revised annually by ICS and will be a fair and
equitable amount for time and service. I understand that I may
request that a subpoena be issued for my testimony.
12. I agree to keep an accurate record of my time and mileage
on a "Time and Mileage Record" in accordance with ICS policy and
further agree to keep a valid and accurate record of reasonable
expenses incurred in the course of my employment with ICS supported
by receipts, for which I will be reimbursed bi-weekly upon
submission of my "Bi-weekly Expense Voucher." I also understand
that I will receive a cash advance which I must account for by
utilizing my "Bi-weekly Expense Voucher."
13. I understand and agree that, during the term of my
employment with ICS and within two (2) years after te£mination of
employment with ICS, I will not divulge the names or addresses of
any of the clients or customers of ICS to any party not employed
by ICS, nor will I call on or market any current client of ICS on
behalf of myself or any other employer, with the exception of
certain client or customer information which may be provided to
current clients or future clients as references. Additionally, I
agree, during the term of my employment and for a period of two (2)
years after tezmination of my employment with ICS, not to divulge
any information which I learned while in the employ of ICS which
could be construed as a "trade secret." All such disclosures must
be approved by corporate headquarters.
14. I agree to conduct myself at all times while an employee
of ICS in an ethical, moral and professional manner.
15. I agree to provide two (2) weeks' written notice in the
event I desire to terminate my employment with ICS. I understand
that I will be paid at the time of termination of my employment,
at the end of the calendar month following the date of temmination,
and that my final paycheck will include payment for unused annual
leave in accordance with the current ICS policy. I understand
that, prior to the issuance of my final paycheck, my equipment will
be inspected for damage and accounted for, and my expense voucher
reviewed and settled. All damage to my equipment must be resolved,
and all costs incurred by ICS will either be paid for or will be
deducted from my final paycheck.
16. I understand that any violation of the "Terms of
Employment" may result in administrative or disciplinary action
being taken by ICS.
17. I understand and acknowledge that any use of the client
lists, prospective client material, price lists, report formats
and/or other confidential material considered as "trade secrets"
after termination of my employment with ICS may result in legal
action being taken against me by ICS.
18. Employee shall not divulge any information acquired by
employees of ICS, Inc. to anyone and further shall not make a false
report to ICS, Inc. To divulge infok~ation is a violation of
Section 14 of the Private Detective Act.
I, the undersigned, acknowledge that I have read and
understand the above "Te~tls of Employment."
Date = ' J 8- ~ /
Investigative
Consultant
Services, Inc.
May 23, 1997
No.:
Ms. Shelly Adler
Cob,mbia Na6onak Inc.
20 Erford Koad
Lemoyne, Pennsylv~nl,
17043
Dear Ms. Adler:
This letter is a followup to a recent telephone conversation with an official of
Columbia National, Inc. concerning Michael P. C-rogan and the use his personal-whlcle.
Mr. Grogan has been employed by Investigative Consolt,-i Services, Inc. as a full
time private investigator since September 15, 1986. In January, 1991, company policy
was in~dlated requiring ali investigators to provide their own work vehicle consistent with
the needs of their job. Since that time, each investigator, incb~rling Mr. Grog.,L has been
reimbursed six hundred dollars per month in the form ofbi-weeldy expense checks for the
use of their vehicle. The total ,mount of thi_~ bi-weekly check may vary as additional
expenses are also reimbursexL
Should you have any further questions regarding Mr. Gro?n's reimbursement for
vehicle use, do not hesitate to contact me.
Very truly yours,
7A~, S C~.IVE CONSULTANT
PRESIDENT
SEKVICES
CWS/se
4004 East Trindle Road * Camp Hill, PA 17011-4242 * (717) 730-7377 * (800) 692-7404
LICF-MS~D Itl PA, NJ, DE, MD, and MY
A~to.Ma~ °f (~arlisle
I;l 10 H~sbt!rg Pike
Carlisle, PA, 17013
~ p~.EASE EHTER MY ORDER FOR THE FOLLOWINGi
Auto-Max of Colonial Park
4220 Jonestown Rd.
Harrisburg, PA. 17112
(717) 541-1600
'rfPE
PHONE
SOO,
EHICLE
Auto-Max o! Mechanicsburg
5270 E. Trlndle'Rd.
Mechanicsburg, PA. 17055
(7~7) ~-5a58
ZIP
TRIM
OWNER
LIENHOU)ER
PHONE
SPOKE wr[3-1
,~MOUNT YeMtFiED BY
MONTHS M~.ES -.
Cash Price of Vehicle & Accessories
Sales Tax
REGISTP~,'I3ON TITLE
TRANSFER EI~IO[JMBRANCE
Documentary Fee
Messenger Fee
Notary Fee
Total Price
PURCt',~,SER'S
SIGNATURE 3(
U~ED CAR CONTRACTUAL DISCLOSURE STATEMENT
THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS
PART OF THIS.CONTRACT. INFORMATION ON THE WINDOW FORM
OVERRiDE~ ANy coNTRARY PROVISIONS IN THE CONTRACT oF SALE,
If you c~l this purchase agreement or refuse to take delivery of the vehicle
ordered e~x~ept as permitted b~ law, you shall, at our option, forfeit as damages the
emoUn! Of $*
PURCHASe=Wa _-
Sllr~T~ r X
· ..w, ~,~ Less Payoff*
v~# Net Trade-inDeposit
Cash on Delive~
the date hereof .comprises.th _piety. , . i ,-- , ~r~:,t ar~ receive a
......... '" ' ~ a ~e ~y of ~ ~er.
Pu~ by'his execution M ~ls o~er a~ed~ t~t he ~ reed [~ ~ a~d ~ndl~s and ~
P~C~'S
TO:
FROM=
DATE:
RE:
ALL II~rES~GA~
December 22, 2000
VACATION USE
! m pleased to share with you that the improved quality of much of our work is
evident in increased reworks and assignments from a more varied group of clients.
This has presented a dilemma over this holiday season, as we have not had the
necessary manpower in some ar_~__s to fulfill the specific wishes of our clients.
For this reason and as a practi_e~__l business decision, I am inN~itttting the foflowhag
rules regarding vacations over holiday~ ~ffective with the new year, no more than
half of the investigators in a given area may be off at one time. This m~nl that
some of you my be forced to take days before a holiday or a period after the
holiday. Holiday is defined as all holidays to include President's Day, Memorial
Day, July 4~, Labor Day as well as the major ones.
Priority will be given based on quality of your work and seniority. Vtqnen you have
special events to consider, tell Sherrie in advance to secure your place on the
schedule. Vacation that is not used due to our scheduling problems my be carried
over to the next year.
Turning down work over a holiday means that subsequent reworks and perhaps
new assignments go to the investigative company that was able to meet their initial
request.
This policy has been in effect in the office forever, where only half of the staff may
take vacation at one time.
No.: 02-1575). ~ I - ~ I
EXI-I~BIT-5
REAGER & ADLER, PC
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA DENISON CANTOR
Wrlte~s E-Mall Address: taad~er~eplx.net
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011-4642
717-763-1383
TELEFAX 717-730-7366
WEBSITE: RsagerAdlerPC.com
March 21, 2001
THOMAS O. WILLIAMS
SUSAN H. CONFAIR
JOANNE H. CLOUGH
PETER L. LEONE
+ Certified Civil Trial Specialist
Micliael Grogan
P.O. Box 15555
Harrisburg, PA 17105-5555
Investigative Consultant Services, Inc.
Our File No.: 00-871
Dear Mx. Cn'ogan:
We are legal counsel to Investigative Consultant Services, Inc. Recently you resigned as
an employee oflCS. The purpose of this letter is to remind you of the post employment
restrictions that are part of the employment agreement you signed when you went to work for
ICS.
Paragraph 13 of the agreement prevents you from contacting clients oflCS and soliciting
their business for a period of two (2) years from the date of your temsination. If you violate this
provision, legal action will be taken by ICS to enforce it. Additionally, you are not pemfitted to
encore'age any present ICS employees to terminate their employment and you are prohibited
from disclosing any info, marion about ICS's clients, its fee structures, management systems,
m~rketing pl~.s, client list or any other information that could be deeu~ed a '~ade secret".
We trust that you will comply with all of the tetras of the agreement.
Thank you.
TAA/cmc
cc: Investigative Constfltant Services, Inc.
AFFIDAVIT
No.: 02-1575
I, Michael P. ~ do hereby swear and/~ a/]inn that I have reviewed the saached complaint and
all exln'bits and all facts set forwarded a~e ~rue and correct to the best of my knowledge and beliefl
DATE
Sworn and Subscribed to before me
this ~- day of ~ ~
· .- ~OTARY PUBLI'C-
-' ~-: <. NOTARIAL SEAL
-:.: [ CLAUI}tA A. BREWBAKER, NOTARY PUBLIC
~': ~{i: -C~rl ~Je Boro Cumberland County
' . [ My commission Expires April 4, 2005
Michael P. Oros~
548 Walton Avenue,
HllmmolstOWl~ PA 17036
(717) 979-63 ]7
VERIFICATION
I, Carl Schleicher, verify the averments of the foregoing Preliminary Objections are true
and correct to my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to
authorities.
Date: S--]~-O ~'~ By:
CERTIFICATE OF SERVICE
AND NOW, this 17th day of May, 2002, I hereby verify that I have caused a true and correct
copy of the foregoing Preliminary Objections to be placed in the U.S. mail, first class, postage
prepaid and addressed as follows:
Michael P. Grogan
548 Walton Avenue
Hummelstown, PA 17036
THOMAS O. WILLIAMS, ESI~UIRE
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY/OF CUMBERLAND COUNTY:
Please list the within matter for the next:
Pre-Trial Argument Court
] Argument Court
CAPTION OF CASE
(entire caption must be stated in full)
Michael P. Grogan
VS.
(Plaintiff)
Carl W. Schleicher/I.C.S.
. _ , . (Defendant)
VS.
No
Civil 02-1575
State matter to be argued (i. e., plaintiff's motion for new trial,
defendant's demurrer to complaint, etc.):
Defendant's Preliminary Objections
Identify counsel who will argue case:
(a) for plaintiff: Thomas 0. Williams, Esquire
Reager & Adler, P.C., 2331 Market St., Camp Hill, PA 17011
(b) for defendant: Michael P. Grogan, Pro Se
548 Walton Avenue, Hummelstown, PA 17036
I will notify all parties in writing within two days that this case has been
listed for argument._
(Attorney
Dated: July 11, 2002
CERTIFICATE OF SERVICE_
AND NOW, this 11th day of July, 2002, I hereby verify that I have caused a true and correct
copy of the foregoing Praecipe to be placed in the U.S. mail, first class, postage prepaid and
addressed as follows:
Michael P. Grogan
548 Walton Avenue
Hununelstown, PA 17036
MICHAEL P. GROGAN,
Plaintiff
VS.
CARL W. SCHLEICHER/I.C.S.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-1575 CIVIL
CIVIL ACTION -LAW
IN RE: pRELIMINARY OBJECTIONS OF DEFENDANT
BEFORE HESS~ J.~
ORDER
AND NOW, this ! ! · day of October, 2002, following argurnent, the court being
satisfied that the issues raised by the defendant are better dealt with following the development
of a factual record, the preliminary objections in this case are DENIED.
BY THE COURT,
Michael P. Grogan
Pro Se Plaimiff
Thomas O. Williams, Esquire
For the Defendant
Hess, J.
:tim
The Honorable Edgar B. Bayley has recused himself from the consideration of this case.
MICHAEL P. GROGAN,
Plaintiff
Vo
CARL W. SCHLEICHERfI.C.S.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CU/ViBERLAND COUNTY, PENNSYLVANIA
:
: No.: 02-1575
:
: Civil Action
:
AFFIDAVIT OF SERVICE
On this, the 29th day of October, 2002, at/'tg,/~._,-'m., I, Walter Junkins, personally hand-
delivered the attached Subpoena to Attend and Testify to J~v'~ ~a. a4 1 ]0 , who accepted
service on behalf of Michael P. Grogan, at Pennsylvania State Police, Bureau of Training and
Education, 175 E. Hershey Park Drive, Hershey, Pennsylvania 17033.
Walter Junkins
Sworn to and affirmed before me
this 29th day of October, 2002.
NOTARY PUBLIC
MICHAEL P. GROGAN,
Plaintiff
CARL W. SCHLEICHER/I.C.S.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No.: 02-1575
:
: Civil Action
..
SUBPOENA TO ATTEND AND TESTIFY
TO:
Michael P. GrOgan
548 WaltOn Avenue
HUmmelstown, PA 17036
1. You are ordered by the court to come to Reager & Adler. P.C.
(Specify courtroom or other place)
at 2331 Market Street. Camp Hill. Cumberland County, Pennsylvania, on
November 6. 2002 at 10:00 o'clock, A.M., to testify on behalf of Defendant
in the above case, and to remain until excused.
And bring with you the following: N/A
If you fail to attend or to produce the documents or things required by this
subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the
Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney
fees and imprisonment.
REQUESTED BYA PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R. C. P. No. 234.2(a):
Name: Theodore A. Adler; ES:qUire .
Address: Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Supreme CoUrt ID# 16267
Date:
Seal of the Court
BY,,T.,J--I E COURT: _
Prothonotary/Clerk, C~il Div~"'~
Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including
hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in
compliance with Pa. R.C.P. No. 234.1. If a subpoena for a production of documents, records or
things is desired, complete paragraph 2. (Eft. 7/97)
MICHAEL P. GROGAN,
Plaintiff
Vo
CARL W. SCHLEICHER/I.C.S.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No.: 02-1575
:
: Civil Action
:
NOTICE TO PLEAD
To: Michael P. Grogan
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST
YOU.
Date:
October 31, 2002
Respect full. ysub~nitted,
Tht meCm~il l~am~re
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Defendant
MICHAEL P. GROGAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : No.: 02-1575
: Civil Action
:
ANSWER WITIt NEW MATTER
Admitted.
Admitted upon information and belief.
Admitted.
Admitted.
Admitted.
Denied. It is denied that the Defendant forced anyone to sign employment
CARL W. SCHLEICHER/I.C.S.,
Defendant
2.
3.
4.
5.
6.
agreements in February, 1991, or at anytime. By way of further response, the employment
agreements referenced in paragraph 6 and in particular the employment agreement attached as
Exhibit 1 to the Complaint, as written documents, speak for themselves. To the extent that the
averments of paragraph 6 are inconsistent therewith, said averments are hereby denied.
7. Denied. Exhibit 2, as a written document, speaks for itself. To the extent that the
averments of paragraph 7 are inconsistent therewith, said averments are hereby denied.
8. Denied. It is denied that the Plaimiff purchased any vehicles as a result of any
policy of ICS.
9.
Denied. It is specifically denied that the Plaintiff was fired on February 7, 2001,
as a result of his request, scheduling and taking of a vacation. On the contrary, the Plaintiff was
terminated by Investigative Consultant Services, Inc. for failure and refusal to perform assigned
work assignments, failure to accurately complete time sheets and his hostile and insubordinate
attitude toward co-workers and superiors.
I0. Admitted in part; denied in part. It is admitted that Plaintiffreceived
unemployment compensation benefits for six months. Defendant is without knowledge or
information sufficient to admit or deny the remaining averments of paragraph 10. Therefore,
said averments are denied and strict proof, if admissible, is demanded at the time of trial.
11. Admitted in part; denied in part. Although it is admitted that a letter was sent to
the Plaintiff regarding the enforcement of a restrictive clause in the Plaintiff's employment
agreement with Investigative Consultant Services, Inc., it is denied that the letter was sent at the
request of Carl W. Schleicher in his individual capacity. By way of further response, the letter
referenced at Exhibit 6, as a written document, speaks for itself. To the extent that the averments
of paragraph 11 are inconsistent therewith, said averments are denied.
12. Denied. It is specifically denied that there was any employment agreement
between the Plaintiffand Defendant, Carl W. Schleicher. By way of further response, the
document appended to the Plaintiff's Complaint at Exhibit 1 is a copy of an agreement between
Plaintiff Michael Grogan and Investigative Consultant Services, Inc. Defendant Carl W.
Schleicher is not party to the employment agreement.
WHEREFORE, Defendant Carl W. Schleicher respectfully requests this Honorable Court
to dismiss the Complaint with prejudice and costs.
NEW MATTER
13. Defendant incorporates herein the averments of paragraphs one (1) through
twelve (12) above as if set forth fully.
14.
granted.
15.
The Plaintiff's Complaint fails to state a cause of action upon which relief may be
The named Defendant, Carl W. Schleicher, is not a party to the employment
agreement attached to the Plaintiff's Complaint at Exhibit 1 upon which the Plaintiff apparently
brings this action and as such named Defendant, Carl W. Schleicher, has no liability to the
Plaintiff.
16.
the Plaintiff.
17.
18.
Named Defendant, Carl W. Schleicher, never entered into any agreements with
Defendant, Carl W. Schleicher, has not breached any agreements.
Defendant, Carl W. Schleicher, is not liable to the Plaintiff for any amount under
the employment agreement attached to the Complaint at Exhibit 1.
19. The Plaintiff has filed his Complaint in this action, and continues to pursue this
action against Defendant, Carl W. Schleicher, without a legitimate legal basis and for the sole
purpose of harassing Carl W. Schleicher and forcing Carl W. Schleicher to expend money and
time needlessly to defend a frivolous Complaint.
20. Plaintiff's Complaint and the claims therein are frivolous, vexatious and without a
reasonable legal basis.
21. The Plaintiff's claims are barred by the doctrines of waiver and estoppel.
22. Investigative Consultant Services, Inc. is a bona fide corporation which complies
with all corporate formalities.
23. The Plaintiff's claims are barred by laches.
24. The Plaintiff's claims are barred by the applicable statutes of limitations.
25. Plaintiff has been paid by Investigative Consultant Services, Inc. all amounts to
which Plaintiffis entitled and is entitled to no further payment.
WHEREFORE, Defendant, Carl W. Schleicher, respectfully requests this Honorable
Court to dismiss Plaintiff's Complaint with costs, prejudice and attorneys' fees.
Date: October 31, 2002
Respectfully submitted,
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Defendant
VERIFICATION
I, Carl Schleicher, verify the averments of the foregoing Answer with New Matter are
tmc and correct to my personal knowledge, information and belief. I understand that false state-
ments herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom
falsification to authorities.
By:Car.~6'~~ /
CERTIFICATE OF SERVICE
AND NOW, this 3 1st day of October, 2002, I hereby verify that I have caused a tree and
correct copy of the foregoing Answer with New Matter to be placed in the U.S. mail, first class,
postage prepaid and addressed as follows:
Michael P. Grogan
548 Walton Avenue
THO~X'S O. WILLIAMS, ESQUIRE
Michael P. Grogan,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 02 - 1575
Investigative Consultant Services, Inc ·
Cad W. Schleicher, President,
Defendant(s)
Civil Action
Trial By Jury Of Twelve Demanded
PLAINTIFF' S RESPONSE
1. Agreed.
2. Agreed.
3. Agreed.
Agreed,
5. Agreed.
The Defendant(s)' denial is false. On point is Cumberland County Judge Hess' ruling
in Cumberland County, Common Pleas; No. 01-6560 Equity Term, Investigative
Consultant Services, Inc. v. Albert R. Thomas et al. "It is clear that the employment
agreement was not voluntary and that any employee who refused to sign the
agreement would be fired. EXHIttIT - 7
The Defendant(s)' denial is false. Section 1-I of the Defendant(s) employment
agreement clearly identify reimbursement for business use of a personal vehicle as an
additional benefit of employment. A sum the Defendant(s) calculated as $ 600.00 per
month.
The Defendant(s)' denial is false. Section 9 of the Defendant(s)' employment
agreement speaks for itself in requiring the Plaintiffto purchase a vehicle, which met
with the efendant(s) satisfaction.
The Defendant(s)' denial is false. The Pennsylvania Department of Labor &
Industry, Bureau of Unemployment Compensation, conducted an inquiry and ruled in
favor of the Plaintiff on the circumstances of his termination. Further, the Plaintiff
states that the Defendant(s) took this action after a three and a half month campaign
of harassment in an attempt to get the Plaintiffto resign. Until this time, the
PlaintiW s employment record with the Defendant(s) was outstanding.
1 of 3
10. Agree with the part admitted and will provide evidence at trial.
11. & 12. Agree with the part admitted. The Defendant(s)' denial of part is false. All
records on file with the Pennsylvania Department of Transportation, Corporation
Bureau, list the Defendant Schleicher as the founder, owner, President, and Chief
Executive Officer of Investigative Consultant Services, Inc. Any and all actions
taken by and attributed to Defendant(s), its employees, and all authorized agents were
done at the direction of or with the approval of Defendant Schliecher. EXHIBIT - 8.
ANSWER TO NEW MATTER
13. The Plaintiff agrees with all parts admitted to by the Defendant(s) in paragraphs 1
thru 12. The Defendant(s)' denials in parts are all false.
14. False, the cause of action clearly stated is breach of contract.
15. False and answered in paragraphs 11 & 12 of this filing.
16. False and answered in paragraphs 11 & 12 of this filing.
17. False, Defendant(s) clearly forced an obligation on the Plaintiff, promised
compensation as a benefit, capriciously fired the Plaintiff, and tried to avoid paying
any form of compensation.
18. False, Defendant Schleicher is liable as demonstrated in paragraphs 11 & 12 of this
filing.
19. False, It is the Defendant(s) who have harassed the Plaintiff`in an attempt to force him
to resign, with threats of legal action, and now with a threat of forcing him to pay
their legal expenses in order to stop this civil action.
20. False, the Defendant(s) are attempting to benefit from and at the same time escape
responsibility for an employment agreement of their own design.
2 I. False, it is the Defendant(s) who are making a contradictory argument that their
employment agreement can restrict former employees post-employment but they are
not responsible for the benefits therein.
22. Agreed in part but denied in part. Defendant Schleicher is using the corporate veil to
shield himself for his misbehavior.
2 of 3
23. False, it is the Defendant(s) who has tried to delay this matter in an attempt to
discourage the Plaintiff and escape their responsibility.
24. False.
25. False, the Plaintiff's complaint should go forwarded and a jury trail is now requested,
Respectfully submitted,
Michael P. Grogan
Post Office Box 15555
Harrisburg, Pennsylvania 17105
(717) 979 - 6317
3 of 3
CUMBERLAND LAW JOURNAL
(usP814~ooo)
' { Publlsl'~:l MIT ~ ~
~MBE~LAND ~UN~ BAR
. Oum~
aM~m ~t ~ ~ ~ ~
BERT R, THOMAS ET AL.,,
OOMMON PLEA,~; .No. 0~
~eflt~A~t ,N~ ~lun~--~d,rdt ~r I~u~
~EOI~RE ADLER, ~QUIKE, ~
DOUO~8 M~R, ~S~U [KE, f~
KE: ~]~I~S M~ON FOB P~EL~MINA~Y
OPINION AND D~E
HESS, J,, J..~ gG, ~--
flh,~a moron ~rp~lt~f~ ~nju~. ~ he~n~ ~
~Jlml~ in~ua~ wu hew ~ Doa~q-
IC$ v, ALBERT lt. THOMAS ETAL. Ir~
cl~ntl ~tom~ or~l~gtr~ s~ of the Pl~ntifl~ At d~e h~
t~. ~e pl~tlfflimiled its ~u~st ~r p~llmln~un~lon to the
then a ~on~ dt~tor and d~eotor ~f in~pflons, ~ D,cember I.
le~, m~y y~ a~ ~ ~sd b~n tim ~, Mr, ~om~ w~ asked
IC~ ~d, s~tfl~ly, 1~ p~t, Carl ~hl~er, m ~ ~
Ii. (a) I un~}~d ~d ~r~ ~ du~nt ~e term o~ my
· mpl~ment ~th IC$ a~ ~thl. ~ {2) ~ma~er ~m~lna~ of
· mpl~m~nt ~tb 1C8, I ~l] not ~Iga the nam~ or addresses
~y ~the elion~ or ~$tom~s orlCS to ~ ~ emp~d
ICa, nor ~l[ [ ~ o~ or m~ ~ c~rrent c[knt oliO8 on b~f~
$ ~ ~h)mer$ m~y be prided to thtur~ Lh~ats as refor~n~es.
I ~ the. If I ~a~ this pm~slon ~d ~rfnm ~ees for any
client of ICS dugng s~d ~ (2) ~d~, dtMr p~n~ly or on
~h~fc~ n~w emp~en I ~ll pay 1C$100~ ~c:e ~d
~ o'f ICe ~ ~ ~m~os for ~ b~,h ~ ~ ~ ....
(c) I ~lttr ~ree, durm~ mc ~rm of ~ empl~eni end for
~ ~ ~ (~) ye~,a~er termin~tion o~ my emp]o~e~t
ICe. n¢~ to ~ ~ ~Corm~n ~h I learned while ~n
emp~ ~flCa which ~d ~ ~nstmed ~ a't~ ~mt.' ~
· sd~ums must be ~, in a~, ~ IC$' Chief E~cu~vo
~t is clear d~at ~lng tho.emp!v4:nent ~ment ~ not voluntaw
th~ e~l~e~s ~o ~tua~ to s~ tlte a~e~m~t ~ be fired,
. ~r, ~om~ ~luntagly terminat~ h~ empl~m~l w~ ICS
~so~ate~. Irm,, e ~m~fl~r of IC$. ~er~r, he ~n taci~ bur
the phlnUff, He has not ~ved ~r ~ ~ g:~ of the
en~ ~nt~K~, He h=s, ho&~rs r~ ~e b~ne~ from %avele~
Thc: ~.nd~ for th~ Lqsuan~ ora p~I/mi~ i~ju~O~ ~e ~ll
~b~lle~ S~h ~ ~junefl~ may ~ ~ted ~yff t~
~t~lon t~u~d ~ ~ab~ su~d ~ e~ ~mh ~ ~hel v. ~
~mt~ ~nk~ fl~e pld~t~c ~blfsl~$ ~ ~ ~t ~ relic[il ~. l~ .
In th~ ~,~ ~ ~s dm d=~mt that ~e pldn~h~ ~k~ to
n~ t~md ~ ~e e~rts, ~ are, ~ng~, n~ly ~tmed,
o ~s, ~ r~flons [~p~d ~ ~ ~t ~ re--ably
i ~0-~ I~ T~ i,id 118~ llgt (P~ ~r. ~I), ~Ung earlier ~S, .
Im~o~t in ~e rni~ ar ~b judtc~ ~ ~ ~ple ~ ~) 8 ~ve,
empl~ and b~ ~rk ~en ~e ~.nt rosy not be ~fo~d
any empl~t ~o~n~, ~ ~me ~ ~st ~ent ~ e~d ~;
him, Mr, ~om~ bad '~,'~ "fi~ tl~e~'l~ff, for m~y~, He had ·
~ome u ~d dl~;r o[tn~e, ga ~al~ ~d ~m~on
~s~Jl~ that at le~).c ~pl~ ~ flr~ ~r ~n~ b; d~ ~e ~.
menL ~,s, fl~ t~t ~r~ent ~g ~~ and b ~ly unen-
for~ble,I
4
~ue.~m~ tn ~tF wher~ ~. ~, ~fM~ ~S PS~per; ~ but clleflt ~lng suppl.
~ mu~ m ~Kerefl~ co,my 1~ ~mn to ~Ww ~d~l
n~ ~b~ ~ ~u~ ~t s~ ~ce ~i · ~ d~ IMmune ~Hd
~r~ elect ef ~;c~e and G~I I~nlty
d~pl
--ST~ PAY~ -- ~ ln~t ~O,K,A V, ]~e) opfmon, ~m
l~tt~ctLn6
~ ~f~F IIlelktlons not ~fft. ~.~mlcl of d~InH end
moist afl ~x ~ed ~r no ~O~ON ~
JUR~OTC~ON -- ~ue .... 'i ·
COR809 DISPLAY BASIC ENTITY INPORMATION
FICTITIOUS NAME
ENTITY#: 2270437 TYPE: PN BKD~'~** TYPE-..
FIbED: 10 11 1977 SPECIFIED EFF:
CURR~ITT: INVESTIGATIVE CONSULTANT BERVICIS
CONSULTANT $~RVICES '
ADDKISS: 224 N 2N~ ST
CITY ~ .WA~a. ZgmUR~
COUNTY: 22
STATE: PA
CNTRY/Jtr~IS: PA
ZIP: 17101
LTD AUTH: N
COR810 CORPORATIONS
FICTITIOUS. OWNERS
' ~E~: 2270437
DISPLAY
9WNERN~E
FILED DATE ~ME
10 11 1977 22 22 51 11
COR809
DISPLAY BASIC ENTITY INFORMATION
INCORPORATED BUSINESS
ENTITY#: 669522
FILED: I--0 2 1978
TYPE: AIB BKDOWN TYPE:
SPECIFIED EFF:
CURRENT:,INV~STI(~%TIVE CO:~=ULTANT SEKVICES, INC.
CONSENT:
ORIGINAL: _
ADDRESS: 4004 E TRz~DLZ RD
CITY: CAMP HILL STATE: PA
COUNTY: 2--1 CNTRY/JURIS: PA
PURP/DESC/CMNT: B~OAD-SECURITX CONSULTANT
ZIP= 17011
LTD AUTH.' _N
LTD/INC TERM:
F3~EXIT .~I,2~,RETURN ENTER=MORE...
COR811
ENTITY#:
NAME:
DISPLAY CORPORATE OFFICERS
669522
RE~O~ ~Z~ED AS O~: 11 29 1999
Z~,'EBTZGATZ'F~ CONBUATANT ~C~8_...._z,
CHIEF EXECUTIVE OFFICER: CARL
VICE PRESIDP~NT:
SECRETARY:
TREASURER:
MAILING ADDRESS: 4004 EAST TRZRDLE RD
P O BOX 697
APPLICANT'S ACC"T NO.
DSCB: 54-28.1 (Rev. 12-74)
~'itin~, Fee= r~5
Flt~2
Applieati~ I'~' CeadlleflaI
gilsine~ UINk, r alt llSsllld'
~r Ftetithms I~ms ~ ~s
$-1.77 47 284
(Lint, for numbering;
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF STATE
CORPORATION BUREAU
Filed this [2th day of __
c~h~- 19,,77
Commonwealth of Pennsylvania
Department of State
Secretar~ of ihe Commonwealth
~ eo
(Box for Certification)
In compliance with the requirements of section 1 of the act of May 24, 1945 (P. L, g~?)(54 P. S. § 28.1), the
undersigned lndividusl(s), deairlng to carry on or conduct a bus~e~ in this Commonwealth under an assumed
or fictitious name, style or designation, does (do) hereby certify that:
1. The real namers) and address(es), of ali persons owning or interested in the busines~ are:
NAMES RESIDENCES
(NUMSER} ISTRE£T) lC{TV)
Ca~:l W. $chlei~her
6217 Whttehi11 Dr.~ Mechanicsbu:9, p~. 17055
Thename, style, ord~l~aUonunderwh~h thebusm~sis ~ing,~ wiH ~,cam~ onozconductedls:
Znvest~qat~ve Consultant Serv£ce~
A brief statement of the ch arscter or nature of the busl.qess is:
Prtvat:e detect:lye agency
The/oeaUon of the prMclp~l ~ or place of business of the burL-mss in this COmmonwealth ia:
g24"~l°~th 2nd s~r~et ~arrtsbu~q DauPhin
(WY~-o-cq) tST~lE'f} (CITYI (COUNTY!
171o~
(Z~ cOOll
3-1-77:47 28'8 '
OSCB: 64-2~*,1 (Rev, 12-74)-.2
IN TESTIMONY WHEREOF, tl~ undex~lg~"d hns ('nave) cau~
a~_~.~. ~* 77
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF Dauphin
Pe~ons~y ~ed b~om me ~ie . ~ ~ day ~ September !9 7 7
C~rl W. Schleioher
who, being duly sworn accm~lln$ to law, depos~ and says that the statements contained in the foregoing
**~plication are tree,
I Filed this 2nc~ day of
Commonwealth of ~ennsylvania
3-1-78:46 ~p.~e.t orS,ate
~Ltne for numbering)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF STATE
CORPORATION BURE,~ U Secretary of the Oommonwealth
as (Box for Certification)
' In compliance with the requirement~ of sectidn 204 of the Business Corporation Law, act of May 5. 1933
(P. L, 364)(15 P, S. §1~04) the undersigned, desiring to be incorporated a~ a business corporation, hereby
certifies ,(cema) that:
1. The name of the c~rporat/on Is:
Investigative Consultant Services, Inc.
2. The location and post office address of the initial registered office of the corporation in this Common-
wealth is;
224 N. 2nd St., P. O. ~ox 697
Harrisburg
Pennsylvania
17108
3. T~ corporaOon is ~cotporated und~ the Busings Co~oration Law of the Commonwe~th of Pennsyl.
ranis ~r the following purpo~ or putpo~s;
The corporation shall have unlimlte~ po~r ko engage in and do any
lawful act concerning any or all lawful business for which co=potations
may be £neorporate~ under the Pennsylvania Business Corporation Law
of 1933, as amended,
4. Theterm~r which ~e corporatjonlstoe~
S. Theagg~egatenumber.o~areswhichtheco~oraQonshallhaveau~ori~toi~ueis:
10,000 shares h~ving a par value Of $10.00 per sha~e ~0~ a
total oapi2al~zation of $100,000.00.
3-1-78:46 600
"'~'CB :BCL---,~O4 (Rev. 8-72)-2
The name(s) and post office address(es) of each Jnco~ato~s) and ~e aum~r and class ~ ~a~s ~b- .
Car~ W. 8eh~ei~her 62~7 ~i~eh~l~ Drive~
tN I'F~e4qMONY WHEREOF, the incorporator(s) has Chave) signed ~d ~ tbe~ Anld~ of In~r-
ation this ___ ~0~h ~y of. Sep~embe: , l a~. T. R ~ T
INSTRUCTION8 FOR COMPLETION OF FORM:
A, P~a~g~n~n~rU~tons mlattng to the
(~ tn~'~o ~ ~atlons g~er~iy). The~ lnst~fl~ ~ m :~u~ matte~ as ~o~te
~ - ~O umw~ve young wr ele~ mm~to~, ~c.
~ ~eor~e~ ~ "
~¢~s or nat~ per.ns m~l age may Ink.orate a bua~n~s c~raUon,
.
~ ~.~te8 'gf 'Fo~ DSCB:BCL--~ (Regjat~ : ........ ~... :;;n~tlc. or F~ Business
C~uon). ' " ,,,
~;~,~ ,% . r,. (3)
'g:.:;:~,~..Ct~
~4~ieng.~d:~ ~ dellv~ to ~e ~mt, bm,.~ld ~ fll~ with ~e m~u~ ~ the
eo~on.
601
6695~2
~~, Under the provisions of the Busine~ Corporatien ~, aphid ~e 5~
~y of ~y, A~o D~ one ~nd n~e hun~ ~ ~.~, P. L. ~, ~
CERTIFICATE OF INCO ORATtON
Z~TZ~T:~ CONS~T~ S~IC~, iNC.
~d u~ ~ apthoH~ of ~e Bu~ ~aff~ ~w, I do by the~ ~, w~ah I
~b~. ~ h~d~ of the ~s of ~oh e~m~en, ~to a '~y ~o ~d ~a~ ~
~d ~ ~ ~d enjo~ ~ ~d ~ the B~e~ ~~ ,~W ~d~'~
ap~vabM.aw oF ~
(~h:l~l unde. my Hand and ~e ~tt ~. of the ~n-
~ Of ~tober ~: ~e m Of O~ ~ ~*
DS'CB; BCL--3g? (R~,
Commonwe~th of Pennsylvania
~F~ ~ ~panment of State
(Line for num~ng)
~td t&9~lt
~H~RAT/ON BUREAU ~~th
In c~m~lance with the rc~ul~ments of section ~07 of the on)
~. L, 364) (~5 P. S ~307) (Box for~~
Business Co~rallon Law~ act of May 5, 1933
hereby certl~ that: ' the unde~lgn~ ~tion, deat~ng
1, The n~me of the c~otatton
Investigative Consu1 ~ant
umon~ to c~ thei~iOwln= ~a~ ....... ~ls C~monw~th is (the D~anment of State Is hereby
3. The add~a to wh~h the mgiale~
4. Such chuge was autho~
of ~r~to~ of ~e ~oration.
' ~te ae~, dui a us~ thj~ stateme
~~ day o~' ~t~ .~ Y _Uest~ ~ anotbe~ s ....... nt to ~ e~ by a
~ ]9~, ~v- ~tcer, to ~e he.unto a~xed, this
.Z_~vesttqa~ASe Consultant Services,
(/'-lee tbr '~umberi. g)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF STATE
CORPORATION BUREAU
Filed this ~ 2...~ day of
CommonweaJih of Pennsylvania
Depanmem of Sta,&
Secretary or,he Commonweai~
In compltunc~ with the requlremem, of sucl{n,, nnr .r, ....
' -~ ..e uuSine~ ~o~ratj~ ~W,
(P. L, 364) ({5 P. 8, {{~), the u~e~tgn~ co~ormtion, dewing to amend its ArUc{~,
that:
....... J.~ve~igative Co'.~suZtant Se~tces, Inc,
~ ~--~'t the foll~{ng ~at~mcnt to conf~ .... ~_ __ w~al~h ? ~he ~partmcnt or State is he,by authonz~
17108
3. Thc. statute byof~Under Which it was ineoquofated las
.......... ~'~~ced. O~ ~y 5, 2~33, ~.~. 364,
? 5. (C~ck, and if ~fl~e, ~mpi~e one of ~e
~ . The.'~g of ~ sha~hel~a ~ the ~n ~ ~hleh the n
"~.: ..;' held al t~ t;me
~,~.. ~e and pursuant to ~ ~d'n~..~ ~ ~,~ stn
'*" · ~ .... day o~__ ' _, lO~. ..
Kind a~,~ of ~e _ ~'~
ail oft ~ .~ by ~neat tn w~anl, .e '~ ..... .
0. At the t~ oft~e:aetl~ ofahn~hold~: ....
(a) The ~al ~e~r of sbaree outsta~ing
[ ' 500
'" ' (bi ~e nu~ O~a~~ ent-lfled ,~ vote
I aJ Thu flumh~,r of ~hur~ ~ot~d in ~v~ uF the ~efldmenl was; '
~b) The numl~.r ~u~s vot~ ~g~n~ the amen~t was: -' -
8. The ~nt a~ ~ t~ ~a~l~, ~ forth In full. Is ~
The aggregete n~er of shar~s which the co.ration shall h~v~ authority
9o issue shall ~ ir.~=eased fr~ 10.000 shares having a par value of
per share to 100~000 shares having a ar v
unchanged ~tal caPitalizatio~ of $10~,000~lue of ~1.00 ~er share fo= an
I ~* {N TESTIMONY WHEREOF. the unclem{ned corporalion has caused these ArlieJes
· ' ', · -- _u~yot_ '~o} %' .1~-°~ by another such oilier, to be
....
^'"':L!I, / ~v~s~':c~v~. co,.~,.~^~ s~wc~.s
._ · ,,~..r .:/'..,I,"J / '- I.~ ,~ 1,/}~./,,/o,_...., ---____, ~c.
_Secretary
..... --- --,,,~ r~, It~,.j -
INSTRUCTIONS,FOR ~MPLETION OF ~RM
.President
l?~,i: PMllil~i~'. viCE Fr~&=:~.t. I?o,j
'~ "~J ~ ~v I~ ~-[L: .... ~ ~) or Fo~ DSC .
' ~ .... ,~m= ........ · : 17 3
U. Any n~ gOv~m~ml apPmvMs~MI ~m~ny ~ h~, ", ~ng a change ~ name.
m~ ~n~y,
~ if the ~ar~ ~n~ class ~e~ en~O~ ~ vote~ n ela~, the n~ off__of e~ class ~ entlO~
me sna~s or ~y cia. w~ entl~ ~ ~ ~ a ~a. ~e
' ~ '~=~ "~ '~/, --' .... ""~ ~vely should ~
~ ~L i8~ (15 P. S. ~Z~7~ r~u~ ~as ~e c~mt~ ~ ~vem~
--r -..,. ~, ,,uu,u ~ m~ Wl~ me mfflulel or ~ ~ra~ ~ ~id not be d~Jver~ to
' 669322 :
in and by Article VIH of the Bu~lnea~ Cox'poration [.aw, approved the
fifth d~=.ef Ma,y, ~no DomJni one thOu~nd nine humid ~d thirty-throe, p. L. 364,
amendeS~ the Dep~t~e~ of Etate ]~ au~j~ and requ~, m ~ue a
· · , .... ~=uy.eqmpjj~Jth:~b~ to the amend.
~-~'~',wJ[ ~::'.~ . .. ~s Of the
-~ · : P W~anda ·
and t~e ~t ~ of ~e
a~ e~h~h,
Microfilm Number : : _
200 82.1070
Entity Number.~__~_c~.,.,~ 9' >"~,:;2,. ~cZ....
Filed with the Department of State on
STATEMENT OF CHANGE OF REGISTERED OFFICE
DSCB:I 5-1507/4144/550').~144/a506 (Rev 90)
Indicate type of entity (check one):
.X Domestic Business Corporation {15 Pa.C.S. § 1507)
__Foreign Busines~ Corporation { 15 Pa, C.S. J 4144*)
__Domestic Nonprofit Coq)oration ( 1 5 Pa.C.S. § 5 507)
__Foreign Nonprofit Corporation (15 Pa.c. ~, § 6144)
_ _Domestic Limited Partnership (15 Pa.C.S. § 8506)
~Profes$1onal Corporation
In compliance with the requirements of the applicable provision of 15 Pa.C.S. (relating to corporations end unincorporated
associations) the undersigned corporation or limited pertnarship~ desiring to effect e change of registered office, hereby states that:
1. The name of the corporation or limited partnership is: Investigative Consultant Services, Inc.
£, ' The (al address of this corporation's or limited partnership's current registered office in this Commonweerth or (b)
con- merciel registered office provider and the county of venue Is: {the Department is hereby authorized to correct the
foll(~wing address to conform to !h~ ,ecords of the Department):
{a) 125 State Street, P.O. Box'697 Hertisburg, Dauphin County~ Pennsylvania 17108
Number and Street City State' Zi~ County
(bi c/o:
Name of Commercial Registered Off,ce Provicler
County
For a corporation or a ~lmitecl par~r~ership represented by a commercial registered office provider, the county in lb) sh~ll be deemed
the county in which the corporation ~r limited pert~ . ," . ,;c~ted for venue end official pubrlcation p.,:rposes. ~
(Complete part la) or lb)]:
(a) The address to which the registered office of the corporation or limited partnership in this Commonwealth is to be
changed is:
4004 E. Trindie Roe~u_mbsrland Co~U~l 1
Number end Street City Slate Zip County
(b~ The registered office of the corporation or limited partnership shall be provided by:
Name of Commercial Registered OtUce ProHder
County
For ae=orporetion or a limited pertnershi~ repreeente~ by e commercial registered office prey}der, Trls county In (bi shall be ~ee~ad
the county in which the corporation or I~mited ~ertnorehip Is located lot venue and officie~ Publication purpoaes,
PA ~ OF STAT~
NOV 6
4. (Stdke out if a limited I~er~nerahlp); Such change wes author..'z,,~ ~,., ,.~-~ ~,,, ~ Directors of the corpormion.
IN TESTIMONY WHEREOF,,the undera gned corporation or limited artner
a duly authorized officer this ~day of /~-]/~., ~ ,>-&,/- P sh~p has caused this statement to be signed by
,w'_~..,-..~. o ~'-,(....,~,, ,2000.
INVESTIGATIVE CONSULTANT SERVICES, INC..
t !~Y: Carl W S /~.,/ifl, Pres;dent
CERTIFICATE OF SERVICE
AND NOW, this 19m day of November, 2002, I hereby swear and / or affirm that
I have caused a true and correct copy of this filing to be placed in the United States ,~o;1
First class, postage paid and addressed as follows:
DATED:
Thomas O. Williams, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, Pennsylvania 17011
Michael P. Grogan ~'
VERIFICATION
I, Michael P. Grogan, do hereby swear and / or aff~im that all of the information
In the foregoing filing is tree and correct to the best of my knowledge and belief.
DATE: I1'/tr' o 2,
l My Commission Ex~ires April 4, 2005
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL P. GROGAN, :
PLAINTIFF :
:
VS :
:
CARL W. SCHLEICHER/I.C.S., :
DEFENDANTS :
NO.. 02-1575~'
MICHAEL P. GROGAN,
PLAINTIFF
VS
INVESTIGATIVE CONSULTANT
SERVICES, INC., CARL W.
SCHLEICHER,
DEFENDANTS
NO. 02-4958
DEPOSITION OF: MICHAEL P. GROGAN
TAKEN BY:
DEFENDANTS
BEFORE:
DATE:
PLACE:
APPEARANCES:
MICHAEL
REAGER &
P. GROGAN
FOR - PRO SE
ADLER, P.C.
BY:
ANTHONY J. BALSHY, REPORTER
NOTARY PUBLIC
NOVEMBER 6, 2002, 10:05 A.M.
REAGER & ADLER, P.C.
2331 MARKET STREET
CAMP HILL, PENNSYLVANIA
PLAINTIFF
THEODORE A. ADLER, ESQUIRE
FOR - DEFENDANTS
GEIGER & 'LORIA REPORTING SERVICE - 1-800-222-4577
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FOR DEFENDANT
Michael P. Grogan
TABLE OF CONTENTS
WITNESS
DIRECT
3
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MICHAEL P. GROGAN, called as a witness,
being sworn, testified as follows:
DIRECT EXAMINATION
BY MR. ADLER:
Q Could you state your full name and
present address?
A Michael Paul Grogan, G-R-O-G-A-N. I
live at 548 Walton Avenue, Hummelstown, Pennsylvania.
Q Mr. Grogan, my name is Ted Adler. I
just introduced myself to you. We represent
Investigative Consultant Services and Carl
Schleicher. We asked you or subpoenaed you here
today to give a deposition regarding two lawsuits
that you filed against Investigative Consultant
Services and Carl Schleicher. If you don't
understand a question that I ask you, don't try to
guess what I am trying to ask you. Simply tell me
you don't understand the question, and I will try to
rephrase it. Okay?
A Okay.
Q If you don't know an answer to a
question, I don't want you to guess or speculate.
Simply tell me you don't know the answer and we will
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move on.
A
Q
Okay.
If you need to take a break at anytime,
tell me you want to take a break and we will
certainly accommodate you if you need a glass of
water or need to go to the rest room or anything like
that.
A
Q
Thank you.
When you answer the question, you have
to answer the question verbally yes or no. You can't
shake your head one way or the other because the
court reporter can't pick up nods of the head. Do
you understand that?
A
Q
A
Q
in connection with both these lawsuits, is that
correct?
A
Q
yourself?
A
A
Yes, sir.
Now, you're here without an attorney?
Yes, sir.
And you have been representing yourself
Yes, sir.
And you prepared the complaint
Yes, sir.
Who do you work for now, Mr. Grogan?
Pennsylvania State Police.
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Q
Pennsylvania
A
Q
them?
A
Q
Investigative
for?
A
Q
A
Q
educational
school?
A
Q
A
Q
kind?
A
Q
last day of
abbreviation ICS
Services. Okay?
And prior to going to work for the
State Police, who did you work for?
Investigative Consultant Services.
And how many years did you work for
Fourteen years.
And before you went to work for
Consultant Services, who did you
work
Eagle Snacks, Incorporated.
What did you do for Eagle Snacks?
I was a delivery man.
Tell me a little bit about your
background. Where did you go to high
Central Dauphin High School graduate.
Any college, anything like that?
No, sir.
Any post-high school training of any
No, sir.
Now, it's my understanding that
work for -- I am going to use the
for Investigative Consultant
your
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A That's fine.
Q So your last day of work for ICS was
February 7, 2001, is that correct?
A Yes, sir.
Q And it's also my understanding that you
went to work for the State Police on March 25, 2002?
My official start date is April 1,
A
2002 .
Q
A
Q
Is that when you went on the payroll?
Yes, sir.
And your hourly rate of pay when you
left ICS was $17 an hour?
A Yes, sir.
Q And your hourly rate of pay that you
receive now at the State Police is $11.26 an hour?
I've never broken it down hourly.
What do you make on a -- are you paid
A
Q
biweekly?
A
Q
A
Yes. I'm paid biweekly.
How much are you paid biweekly?
The gross amount I couldn't tell you.
I know I make $21,900 a year.
Q Now, will that increase after you have
been there a year, after you have been there six
months?
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A I don't know the answer to that.
Q Right now you are a probationary
employee, is that correct?
A I just finished my six-month
probationary period.
Q You received no increase?
A No, sir.
Q So whatever increases you would receive
at the end of the year would be what are sort of like
statewide, what all state employees receive?
A I would assume so.
Q What benefits did you receive when you
were an employee of ICS?
A I was provided a vehicle expense for
use of a personal vehicle,
Q How much was that?
A At the time of my termination, it was
32 cents a mile.
Q That would have been for not personal
use, business use of your vehicle?
A
receive?
A
Q
Correct.
And what other benefits did you
We had a 401K plan through work.
How did that work? Was there an
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employer match or did you just contribute money to
it?
A
It was a payroll deduction and the
company matched 50 percent of the first
That's my recollection.
Q Anything else?
A We also had a life insurance coverage
and short term disability coverage.
Q Anything else?
A Nothing more I recall.
Q What benefits do you receive now that
you're working for the State Police?
A I have a life insurance coverage equal
to one year salary.
Do you have health insurance?
I have that coverage through my wife's
four percent.
Q
A
employer.
Q
That's the way when you worked for ICS
for health insurance coverage?
A
assume?
A
Q
A
Yes, sir.
Do you have a state pension plan I
Yes, sir.
Anything else?
I'm not all that familiar with their
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benefit packages.
Q That would be other than the health
insurance which you are on your wife's policy would
be the standard benefits package? I mean there is
nothing different for you as far as you know than any
other State Police employee?
A No, sir.
Q Between the time you left ICS on
February 7, 2001, and the date on which you went to
work for the State Police, it's my understanding you
collected unemployment compensation for a certain
period of time?
Yes, sir.
When did your unemployment compensation
A
run out?
A
Q
Roughly August of 2002.
And during the period of time that you
were collecting unemployment compensation, were you
attempting to find another job?
A Yes, sir.
Q Where did you submit applications?
A Well, let me correct myself. I did
work part time from September 2002 until March of --
September of 2001 to March of 2002 at the Train Yard
Gym and Fitness Center.
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Q Were you receiving unemployment comp
during that period of time?
No. This was after my period of
A
unemployment .
Q
So your unemployment -- I thought you
said your unemployment comp ran out in August of
2002.
A
Okay.
mixed up on my dates.
Yard Gym September of 2000 -- when did I start
working there? I worked at the Train Yard Gym and
Fitness Center, I started there September of last
year.
Q
A
Q
And I started -- I'm getting
I started working at the Train
I'm mixed up on my dates.
September of 20017
2001.
My question is were you receiving
unemployment compensation at the same time?
A No, sir.
Q When did you start receiving
unemployment compensation?
A I started getting unemployment
compensation in March of 2001 and that ran out in
August of 2001.
Q 20017
A Yes.
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Q And then after August of 2001, you went
to work as a personal trainer?
Front desk clerk, attendant.
At the Train Yard?
Train Yard Gym and Fitness Center in
A
A
Enola.
Q
A
2002.
Q
Police?
A
Q
How long did you work there?
From September of 2001 until March of
Till you went to work for the State
Yes, sir.
How much were they paying you at the
Train Yard Gym?
A I think it was $6.00 an hour.
Q How many hours a week did you work?
A It was part time and it was as needed.
It would vacilate greatly.
Q Did they give you a W27
A Yes, sir.
Q While you were receiving unemployment
compensation, were you looking for a job?
A I made inquiries. ~
Q Where did you make those inquiries?
A With API Investigations in Marysville,
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Pennsylvania.
Q
A
Did you submit an application there?
I had contact with their people,
nothing formal.
And what was the result of those
Q
contacts?
A
that.
Q
A
Q
A
I didn't receive a job or anything like
Did they tell you why?
No.
Did you apply anywhere else?
I made similar inquiries with Keystone
Investigations.
And what was the response from
Q
Keystone?
A
Q
A
They were not interested in hiring me.
Did they tell you wlhy?
The president of the company was not
interested in antagonizing -- was not interested in
exposing themselves to any sort of civil action from
my previous employer which was their concern, ICS.
Q And who from Keystone, who did you deal
with at Keystone?
A Her name is Corky Short. I believe
it's E. Corky Short. She's the president.
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Q
agencies?
A
with Maitland Associates.
Q
A
employment.
Q
A
Q
Any other private investigating
I had made similar types of
inquiries
And what happened with Maitland?
I didn't receive an offer of
Did they tell you why?
No, sir.
Did you look for any jobs outside the
private investigating area?
No.
Are you still a licensed private
A
investigator?
A
Q
Yes, sir.
And do you work as a private
investigator on a part-time basis now?
A No, sir.
Q Did you work on a part-time basis as a
private investigator during any period between the
time you left ICS
Police?
A
Q
A
and went to work for the State
Yes, sir.
Who did you work for?
Small -- I did small referrals,
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domestic cases.
Q
A
Q
A
Q
A
Q
A
There were only two or three.
Were these attorney referrals?
No, sir.
Where did you get the referrals?
Friends and family.
And you were paid for this work?
Yes, sir.
What was the hourly rate?
It was on a case-by-case basis
depending on their ability to pay..
Q Do you know how much you received in
2001 as a result of this part-time work?
A Less than $500.
Q Less than 500 in 2001. What about
2002, did you receive any?
A I haven't done any work in 2002.
Q When you worked for ICS, were you
guaranteed any particular amount of overtime?
A No, sir.
Q Now, you filed income tax returns for
the years 2000, 20017
A Yes, sir.
Q And that would reflect the income that
you received during those years?
A Yes, sir.
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Q And if we asked you to provide copies
of those so we could see how much income, would you
have a problem doing that or would we have to go
ahead and subpoena those?
It would probably be best to subpoena
A
me for that.
Q
You understand why we would want to see
them because part of your damages are based upon the
difference you made while you were working for ICS
versus what you are making for the State Police?
A Yes, sir.
Q When your employment with ICS was
terminated, did you talk to any attorney about any
restrictions that you might have on your employment,
on your future employment?
A I don't recall that being specific.
Q Do you recall consulting -- I am not
going to ask what your attorney told you. I am going
to ask do you recall consulting with any attorney
after you left ICS?
A Yes, sir.
Q Who did you consult with?
A Attorney James Cowden.
Q What did you understand -- did you
believe you had any restrictions on your ability to
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work in the field, in the private investigating field
after you lift ICS?
A I had concerns.
Q What were those concerns?
A I had concerns that my former employer
would make it difficult with a new employer relative
to future employment in the field..
Q And why did you believe that that would
happen or might happen?
A I was aware of some previous incidents
involving the company and former employees.
Q Now, attached to the complaint that you
filed, the most recent complaint which is the
complaint that was filed in October, okay, you
attached to it a letter that you received from me.
A Yes, sir.
Q And the letter lays out what is ICS's
interpretation of the restrictions that were placed
on your employment as a result of your signing an
employment agreement, right?
A Yes, sir.
Q Was it your understanding that you
could not go to work for a private investigating firm
at all?
A Based upon my previous experience, I
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thought it was going to be difficult, yes, sir.
Q Do you claim that there was anything in
the letter that I sent you that told you you could
not go to work for a private investigating firm?
A In your letter?
Q Yes.
A No, sir.
Q But despite that you felt that it would
still be difficult for you to get a job in the
private investigating field?
A Yes, sir.
Q Why do you believe -- were you
terminated by ICS?
A Yes, sir.
Q Why do you believe you were terminated?
A I was told by Mr. Schleicher the day he
terminated me that I had publicly embarrassed him
with his employees.
Q Any other reason given?
A No.
Q Do you believe you were fired without
cause or justification?
A Yes, sir.
'Q Did Mr. Schleicher give you any details
as to how you had embarrassed him in front of other
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employees?
A He referenced the fact that I had
scheduled and taken a vacation.
Q You had taken a vacation and because
you took a vacation that that had embarrassed him in
front of other employees?
A Yes, sir.
Q Could you elaborate on that a little
bit and tell me how, at least what you understand he
was telling you?
A It didn't make a lot of sense to me at
the time. He just -- the day I was terminated he
called me into his office, said he was very
disappointed with me, told me I had embarrassed him
in front of his employees and that he was terminating
my employment.
Q Did he initially tell you you were
going to be suspended?
A Yes, sir.
Q He never did suspend you though?
A No, sir.
Q Why did he initially tell you you were
going to be suspended and then end up terminating
you?
A It was -- he referenced the fact that I
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had embarrassed him in some way.
Q In the materials that you have attached
to your complaint, you have like a journal?
A Yes, sir.
Q And in the journal there is a reference
to Mr. Schleicher telling you that you were going to
be suspended and asking you to change your attitude
and you indicated that you weren't going to change
your attitude and that if he was going to fire you,
he should just go ahead and fire you. Do you recall
making that entry in the log?
A Yes, sir.
Q Is that the way things happened?
A Not verbatim, but it's close.
Q Was it your understanding when you were
hired by ICS that you could only be fired for cause?
A Yes, sir.
Q And who told you that you could only be
fired for cause?
A At the original date of my employment,
I believe it was Tom Maitland who at the time was
manager of investigations. He is the gentleman who
interviewed and hired me.
Q There is nothing in your employment
agreement as I read it that indicates that you could
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only be fired for cause. Do you believe there is
something in the employment agreement that says you
could only be fired for cause?
A I believe the agreement speaks to at
will employment only.
Q What's your understanding of what at
will employment means?
A I don't know that I have a clear handle
on that.
Q But it was your belief that you could
only be fired for cause?
A I may be confusing my definitions and I
don't mean to be splitting hairs.
Q I understand. I am just trying to get
an idea of what you filed a lawsuit saying
essentially the way I read it that you were unjustly
terminated. Is that a fair statement?
A, Yes.
Q And when I read that that tells me that
you think that ICS needed to have cause in order to
terminate you. Is that a fair statement?
A Yes.
Q And I am just trying to find out what
you base that understanding on. Now, you have
indicated you base part of the understanding on what
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Mr. Maitland told you when he hired you, but you also
acknowledge in the employment agreement that you
signed it talks in terms of being an at will
employee, right?
A Yes, sir.
Q Now, after you were terminated, you did
file a complaint with the Pennsylvania Human
Relations Commission, is that right?
A Yes, sir.
Q What were the principal allegations in
that complaint?
A That Mr. Schleicher had retaliated
against me for complaining about -- for my complaint
of a discriminatory action.
Q And what was the nature of that
discriminatory action?
A He promoted somebody over me.
Q How was that -- normally Human
Relations Commission only involves discrimination
based upon race, religion, sex, national origin. How
did that come into play with respect to your
complaining about someone being promoted?
A He promoted a woman to the position of
manager of investigations over me and he justified
the decision with me by saying he needed a woman in
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that position for face value alone.
Q So it was kind of a reverse
discrimination kind of issue?
A Yes, sir.
Q And you complained about that?
A Yes, sir.
Q And you believe that the reason that
you were at least in your Human Relations Commission
complaint, you believe the reason you were terminated
was because you complained about that?
A Yes, sir.
Q Now, the Human Relations Commission
ended up dismissing the complaint you filed, correct?
A No.
Q What happened with that?
A This is only my understanding of it.
The complaint which was cross filed with the Equal
Employment Opportunity Commission and after so many
days -- I forget what the rule is -- I informed the
Human Relations Commission that I was going to seek
relief in federal court and they said that will
terminate their investigation.
Q So the investigation was terminated as
far as you understand it?
A That's what I was told. ~
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Q Now, in the lawsuit that you filed last
month against ICS and Carl Schleicher, you don't
claim any violation of the Human Relations Act in the
complaint?
A No, sir.
Q Now, have you taken any action or do
you intend to take any action filing a lawsuit in
federal court with respect to the complaint you filed
before the Human Relations Commission?
A Yes, sir.
Q Have you spoken to an attorney about
that or do you intend to represent yourself in that
federal lawsuit?
A I will probably represent myself.
Q Now, there are two lawsuits in
Cumberland County Court against ICS and Carl
Schleicher. One involves a claim for auto expenses,
is that correct?
A Yes.
Q That's the first lawsuit you filed in
Cumberland County?
A Yes, sir.
Q Now, when you were employed by ICS, you
received a pay check every week, right?
A Monthly.
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Q Monthly, okay. And the pay check
indicated that you were being paid by whom?
A Investigative Consultant Services.
Q And when you signed your employment
agreement, the employment agreement signed was with a
company, right?
A Correct.
Q And the company was?
A ICS.
Q Now, in the complaint that you filed at
Docket No. 02-1575 which is the auto expense
complaint, you sued Carl Schleicher?
A Yes, sir.
Q And in that you claim that Carl
Schleicher was your employer?
A Yes, sir.
Q Why are you claiming that Carl
Schleicher was your employer if your checks were
issued by ICS and your employment agreement was with
ICS?
A
legal process.
That's my lack of understanding of the
To me Mr. Schleiclher was the company.
He was the only person you dealt with at the company.
Q But you have no reason to believe that
ICS is not a bona fide corporatioln?
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A Oh, no, sir.
Q Now, what's the basis for your auto
expense lawsuit? I just want to understand that.
A The employment agreement with
Investigative Consultant Services required that I
provide a certain kind and type of vehicle that the
company would exercise discretion over as to whether
they thought it was suitable for the work that they
were hiring me to do.
The employment agreement lists vehicle
reimbursement as a paid benefit of the company. I
incurred a debt because of the allegation of the
employment agreement, and I feel the company is
~eholden to me for the period of time that they were
obligating me under the agreement..
Q So you borrowed money to buy a car?
A Yes, sir.
Q So you felt that they should be paying
you the debt service for that car?
A Nothing more than what I felt they owed
me under the agreement.
Q How much was that? Tell me what you
thought they owed you under the agreement.
A I thought they owed me for the term of
the agreement at a sum of $600 a month.
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Q
A
with.
Q
certain point?
A
Q
How did you come up with that figure?
It's a figure Mr. Schleicher came up
Was he paying you $600 a month at a
Some months, yes. Some months, no.
And do you know how Mr. Schleicher came
up with the $600 figure?
No, sir.
When did they stop paying you $600 a
A
month?
A
I received vehicle expenses up to the
point that I was terminated.
Q But that was at mileage; that was
mileage rates, correct?
A Correct.
Q But your lawsuit is claiming that you
rode more than simply mileage, am I correct?
A It's a formula based on that mileage,
yes, sir.
Q I just want to, if you can, and I will
show you your complaint if that helps.
A I have a copy. That's all right.
Q I am just trying to figure out how you
came up with the money that you claim to be owed.
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A Okay.
Q Now, you originally filed this
complaint with the district justice, right?
A Yes, sir.
Q In the complaint you filed with the
district justice, you stated that your vehicle had to
be approved by the company and that Mr. Schleicher
represented that the company would pay $600 towards
this expense as a part of your benefit package?
A Yes, sir.
Q Now, you have attached in support of
that a letter to a mortgage company dated in 19977
A Yes, sir.
Q From Craig McConnell, the manager of
investigations, which says that you're paid $600 per
month in biweekly expense checks for the use of your
personal vehicle?
A Yes, sir.
Q And then there is -- I guess there was
a check -- you didn't attach this, but there was a
copy of an expense check attached to the letter?
A Yes, sir.
Q Is that right?
attached to this. You also have attached what are
called Terms of Employment for Persons Employed by
That doesn't seem to be
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ICS?
A
Q
Yes, sir.
And it talks about the benefits that
you would be receiving. Could you take a look at
that and just tell me where it says that you're going
to be getting the $600 a month for automobile
expenses?
A It's not by specific amount, but item
Paragraph nine?
Yes, sir.
And I just want to read that into the
nine.
Q
A
Q
record.
This says that you understand and agree that
if after termination of your employment with ICS you
are required to testify at a hearing or other
judicial proceeding --
A Maybe I referenced the wrong one for
you.
Q Paragraph 10 talks about accurate
record of your mileage, time and mileage record?
A I have a different agreement that I
attached with that complaint than you have.
Q Could I see a copy of the agreement
that you are referencing?
A Section I.
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Q You're talking -- I see what you're
referring to. Are you referring to the terms -- just
for the record, I want to get this clear. You're
referring to the terms of employment of persons
employed effective March 1, 19917
A Yes, sir.
Q The other document that I had shown you
was dated 1990.
A Okay.
Q And I believe you testified that when
you were hired, you were told that you would be paid
the $600 a month?
A No. When I first went to work for ICS
in 1986, we were issued company vehicles. The
company policy changed in late 1990 or early 1991
which necessitated the purchase of a personal vehicle
for company use.
Q And they said that they would reimburse
you based upon not on mileage, based upon a flat
amount, $600 a month?
A No. The program was put to us that we
would be paid mileage and that Mr.. Schleicher had
reviewed records and represented that sum as $600 a
month on the average.
Q But it was based upon the mileage
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actually incurred?
A Yes, sir.
Q And was there a particular rate?
A I believe at the beginning of the
program, it was 30 cents a mile and at the end of the
program when I left it was 32 cents a mile.
Q Are you claiming in this lawsuit that
you weren't reimbursed the mileage?
A No, sir.
Q So you were paid for the mileage?
A Yes, sir.
Q What are you claiming you weren't paid
for just so I understand it?
A I am claiming that for the period that
I am being restricted by the employment agreement
since I incurred a debt because of the company policy
and agreement the company should be liable for that
period of --
Q So what you're claiming is after you
were terminated, you still had this vehicle?
A
vehicle?
A
Q
Yes, sir.
And you were still paying on the
Yes, sir.
But you weren't receiving travel and
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mileage expense from ICS since you were no longer
employed by them?
A
Correct.
And so what you're seeking to be paid
is what you had to continue to pay on the vehicle
after you were terminated?
A Yes, sir.
Q And how much were you paying per month
for that vehicle?
A
loan?
A
Q
A
Q
A
Q
A
Q
A
Q
20017
A
Q
$350.
And was that a lease or was that a
It's a loan.
And do you own the vehicle now?
I'm still paying on it.
What kind of a vehicle is it?
1996 Ford Bronco.
And did you buy it new?
No, used.
When did you buy it?
January of 2001.
And you were terminated in February of
Yes, sir.
What kind of a vehicle did you have
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before January of 20017
A I had a 1996 Chevy Tahoe.
Q Did ICS or Mr. Schleicher ask you to
sell the Chevy Tahoe and buy the Ford Bronco?
A No, sir.
Q Did you own the 1996 Chevy Tahoe?
A No. It was a leased vehicle.
Q And did that vehicle come off lease in
January of 20017
A Yes, sir.
Q Just so I understand it, the
compensation that you're seeking to be paid for your
vehicle is connected with your termination of
employment?
A
In my mind it's connected to the agreement I signed
as part of my employment.
Q But once you were terminated, you're
claiming the costs of the vehicle after you were
terminated?
A Yes, sir.
Q You're not claiming that you weren't
paid while you were an employee?
A No, sir.
Q Now, in the second lawsuit you filed,
In my mind it's -- no to your question.
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the one that has a Docket No. 02-4958, you state that
ICS and Carl Schleicher created and fostered an
intimidating work environment by terminating one
employee for not signing the terms of employment and
angrily admonishing you for seeking a private legal
opinion concerning the terms of your employment
agreement.
A
Q
Yes, sir.
And I believe the employee who you
claim was terminated was a gentleman by the name of?
A Robert Kourza.
Q How do you spell that?
A K-O-U-R-Z-A.
Q And when was he terminated?
A Roughly December of 1990 to the best of
my recollection.
Q And you continued to work for ICS for
another 11 years after that?
A Yes, sir.
Q Now, you also said that you were
admonished for seeking a private legal opinion
concerning the terms of your employment agreement?
A
Yes, sir.
When were you admonished?
Roughly that same time period, December
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of 1990.
Q Did you ever receive any kind of advice
from an attorney with respect to the effect of this
employment agreement?
A Me, no, sir.
Q You also state in your complaint that
ICS and Carl Schleicher created and allowed
subordinates to create a hostile work environment
from October 16, 2000, until February 7, 2001, for
you in order to force you to resign?
A Yes, sir.
Q Did you resign?
A No, sir.
Q Could you tell me what kind of things
occurred between October 16, 2000, and February 7,
2001, that you believe were designed to force you to
resign?
A I would have to reference the notes I
included.
Q That's fine. Reference whatever you
need.
A In that original complaint -- would you
like to do this day by day?
Q Well, whatever 'is best for you. I am
just trying to get an idea of the specific things
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that occurred that you believe created a hostile work
environment during the period October 16, 2000, until
February 7, 2001. If you feel that you want to read
that, that's fine. If you think you can explain it
without reading it, that's fine also. Whatever you
think you need to do to answer the question.
A Well, to read it would be lengthy.
Q Could you then just describe things
that happened to you that you claim created this
hostile work environment?
A There were a number of or a couple of
occasions -- let me correct myself -- where
Mr. Schleicher called me into his office and angrily
and abusively admonished me in front of other people.
He also did this in private.
Q What kinds of things did he say to you?
A Verbatim or in general?
Q Well, either way. Whatever you think
is appropriate to answer the question.
A There were a couple of occasions where
he told me that I would have to conform with his new
ideas of the company, that the previous manager,
Albert Thomas, was no longer there and that because
of my association with him, I would have to regain
his trust or prove myself to him generally speaking.
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He also
I didn't
certain
attitudes,
things.
Q
in front
or were
A
Q
other
A
I recall.
Q
there were no
admonishing
A
Q
A
threatened to fire me several times saying
do certain things or if Z didn't follow
guidelines or if I didn't change certain
he was going to terminate me for those
What kinds of things did he say
of other employees? Those kinds of
there other things?
Those kinds of things.
Any anything else where there were
employees present?
In front of other
to you
things
people, no, not that
What other employees? Are you saying
other employees present when he was
you?
No. There were, yes, sir.
Who were those employees?
Sherry Zerance, manager of
if
investigations.
Q Anybody else?
A Not that I recall.
Q You also said he admonished
private without anybody else there?
A Yes, sir.
you in
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it the same kinds of things you
Yes, sir.
And this went on from
of 20017
Q Was
just described?
A
Q
February
A Yes, sir.
October until
Yes, sir.
Which employees created
a hostile work
The manager of investigations, Sherry
Tell me how she created a hostile
Ms. Zerance appeared to me to go out
to be confrontational in her approach with
misrepresented certain facts.
Q In your complaint, you state that ICS
and Schleicher allowed subordinates to create a
hostile work environment and I take that means
subordinates, I assume you mean other employees of
ICS?
A
Q
environment?
A
Zerance.
Q
environment.
A
her way
me. She
Q What kinds of facts?
A Administrative things
with reports, the circumstances of
things of that nature.
like being late
case changes and
of
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Q Anything else?
A In retrospect, I'd say she also at the
initial part of her tenure, use of the scheduling of
cases in a punitive way.
Q How would you use --- how would you
schedule cases in a punitive way or how did she?
A The Investigative Consultant Services
has investigators throughout the state. They are set
up regionally to handle regional cases. Being sent
on early morning surveillances into far east New
Jersey, things of that nature ~nd being told that I
should never complain about it.
Q This occurred during the period October
2000 to February 20017
A Yes, sir.
Q Did you complain about it?
A No, sir.
Q Why do you think she was doing this?
A It's my belief that she was aware that
I had a discussion with Mr. Schleicher relative to
her being promoted over me.
Q So she was angry you believe because
you complained about her being promoted over you?
A That would be an assumption on my part.
It would either -- in my mind, it would either be
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that factor or she was directed to do so.
Q Do you have any evidence other than
what you think that she was taking these actions
because you complained to Carl Schleicher that she
was promoted ahead of you?
A Other than office gossip, no.
Q When you say office gossip, who would
you have heard that office gossip from?
A Other employees.
Q Names?
A Jim Bruno, Jack Lazur.
Q Anybody else?
A I think Mike Zeigler maybe. Subsequent
to my employment, I was told by other people that she
had verbalized threats against me..
Q Who told you that?
A Another ICS employee by the name of Pam
Kuzminski, K-U-Z-M-I-N-S-K-I.
Anyone else?
Current ICS investigator Richard
Q
A
Anderson.
Q
They told you that she had verbally
indicated hostility towards you?
A Yes, sir.
Q Did any of them tell you that she was
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A
A
friends.
Q
making assignments sending you on early morning
surveillances, et cetera, et cetera, like you have
described to punish you?
A Their comments to me were more general.
Not verbatim, but roughly I'll get him, things like
that.
Q Now, as far as Carl Schleicher, the way
I understand it is that he told you that there was
going to be a change and that, you know, Thomas was
no longer the manager and that you were going to have
to accommodate yourself to the change. Is that a
fair statement?
A In less than polite terms, yes.
Q Maybe a little harsher than what I
said, but was that essentially the substance of it?
A Some of the conversations, yes, sir.
Q What was your relationship like with
the -- what was his name?
A1 Thomas.
Before he left?
We got along very well. We were
Do you know why A1 Thomas was
terminated or was he terminated?
A My understanding is he resigned.
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Q
A
been told.
Q
A
Do you know why he resigned?
Specifically, no. I know what I have
What have you been told?
I have been told he resigned for some
health considerations. He was under an enormous
amount of stress in his mind.
Q Did Sherry Zerance work for ICS at the
time A1 Thomas was a manager?
A Yes, sir.
Q What was her job?
A She was an investigator assigned to do
Department of Corrections background investigation
work and work specifically related to All State
vehicle claims.
Q Besides Sherry Zerance were there any
other female private investigators working at ICS
when A1 Thomas was the manager?
A Yes, sir.
Q How many?
A There was one in Wilkes-Barre, Pam
Kuzminski, one in Pittsburgh, Jan Chico, and
Mr. Thomas' wife, Sherry, was working for the firm.
Q Why did you think you should get the
job as manager rather than Sherry Zerance?
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A I had the most experience in the
company. I had the most diverse knowledge of anybody
in the company relative to doing the work and dealing
with clients and understanding the internal
administrative functions within the company, the
interpersonal dynamics of the company, and I believe
she had only been with the company for four months at
the time in a limited field of experience.
Q The journal that's attached to the
complaint are copies of journal notes?
Yes, sir.
You have the original?
Yes, sir.
When did you start making this journal?
At the time of the administration
A
A
change at ICS.
Q
A
Q
this journal?
A
Which would have been?
October 12 I believe.
And what motivated you to start making
A fairly terse telephone conversation
with Mr. Schleicher.
Q This was after -- tell me the substance
of the telephone conversation.
A Mr. Schleicher had replaced Mr. Thomas
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with Ms. Zerance and he called me at home to express
some displeasure about conversations I had with other
people in the company concerning the changes.
And that's when you started making the
Q
journal?
A
Q
Yes, sir.
And it's your testimony that that
journal was -- that those entries were written on the
day indicated?
A
Q
A
Q
Yes, sir.
It's not a compilation after the fact?
No, sir.
In your complaint, you state that a
letter from me constituted threats of civil action to
enforce the expanded view of the post-employment
restrictions in the terms of employment contained in
the agreement that you signed?
A Yes, sir.
Q That's a statement that you make there.
What expanded view of the post-employment
restrictions are you referring to?
A I'm speaking to Mr. Schleicher's
expanded view that demonstrated iln dealing with
another former employee that his -- my understanding
of his view of the agreement was that it would now
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limit who you went to work for.
Q There is nothing in the letter that I
sent to you that tells you that you can't work for
another private investigator in Harrisburg, is there?
A No, sir. That is based upon your
letter which does not reference any of that expanded
view of my anectodal experience with Mr. Schleicher.
Q In the letter I sent to you I indicated
to you that you couldn't solicit current ICS clients,
right?
A Yes, sir.
Q And did you intend to do that,
to solicit ICS clients?
A Back then I was weighing all sorts of
options. I hadn't ruled anything in or out.
Q I also told you you couldn't disclose
ICS trade secrets?
Yes, sir.
Did you intend to disclose ICS trade
A
secrets?
A
I don't know that I was going to, but
I'm not specifically sure what the trade secret is.
Q Just trying to understand what in my
letter you believe was threatening or harassing, and
if you want to look at it, it's attached to your
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complaint.
A
as a threat
provision,
enforce it.
Q You
A Yes,
Q You
letter that I sent
2001. Do you have
A Yes.
Q What
letter?
A To
client of ICS's.
Q And
right?
A
Q
representing
A
Q
correct?
A
Q
Let me do that.
would be that if
legal action will
The part that I
you violate this
be taken by ICS to
took that as a
sir.
also attached
to you which
that in front
threat?
a copy of
is dated
of you?
another
August 7,
am I asking you to do in that
sign an affidavit on behalf of a
that was a client, an attorney,
Yes, sir.
And it was an attorney
Inservco?
Yes, sir.
And Inservco
who was
Yes, sir.
And they were
was a client of ICS's,
asking you to sign an
took
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affidavit regarding a surveillance or an attempt to
locate that you were assigned to ¢~o while you were
working for ICS, right?
A Yes, sir.
Q What is it in this letter that was
threatening or harassing?
A The last line, ICS will assume that you
did not perform the services for which you were paid
and will have no choice but to take legal action
against you.
Q Read the whole sentence.
A If it is not signed and returned to
Mr. Rosenwald, ICS will assume that you did not
perform the services for which you were paid and will
have no choice but to take appropriate legal action
against you.
Q Was there a reason why you were not
returning Mr. Rosenwald's calls?
A I didn't get any calls from
Mr. Rosenwald.
Q So the statements that Lawrence
Rosenwald sought to contact you in order to sign an
affidavit, you're claiming you never received any
contacts from him?
A No, sir.
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Q Before receiving this August 7, 2001
letter, is it your testimony that you were unaware
that Mr. Rosenwald and Inservco were seeking to have
you sign an affidavit?
A Yes, sir.
Q There is another letter that's also
attached to the complaint from another attorney in
this office which is dated September 13, 20017
A Yes, sir.
Q And that's from Deb Cantor, Debra
Cantor who is in this office, correct?
A Yes, sir.
Q What is it in this letter that you
claim is threatening or harassing?
A The last line, we view such contact as
deliberate attempts to interfere with the operations
of ICS and such conduct will not be tolerated.
Q What conduct was she referring to?
A I had sent some letters to ICS
employees saying that I would be needing them as
witnesses in a fact finding conference with
Pennsylvania Human Relations Commission.
Q Weren't you calling them at the office,
at the ICS office?
A I don't remember calling anybody at the
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office.
Q
by counsel?
A
Q
action.
You knew that ICS was being represented
Yes, sir.
In the Human Relations Commission
And are you aware that when there is a legal
action going on that the parties are to deal with
attorneys and not go directly to the client or the
client's employees?
A I'm finding out.
Q You didn't know that at the time?
A Not as it related to a fact finding
conference. I was told that that was my only
recourse to get employees to appear.
Q To go to them directly and not go
through the attorney for ICS?
A I believe it was Delores Evrington who
was the fact finder for the Human Relations
Commission told me if I wanted to present witnesses,
I would have to contact them and make sure that they
were there. I had questioned her about obtaining
subpoenas, and she said the commission doesn't issue
subpoenas in that type of matter and that's when she
referenced that to me.
Q In conversations that you had with
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employees of ICS while this Human Relations complaint
was pending, did you talk to any of those employees
about things that were happening at ICS?
A Specifically?
Q Well, did you encourage any employees
of ICS to quit their jobs?
A No, sir.
Q Who did you talk to at ICS?
A I talked to James Bruno. I talked to
Steve Wild, talked to Mike Zeigler. I talked to
Chuck Kirby. At that time she was still employed. I
believe I talked to Pam Kuzminski, Rick Anderson, and
I may have had conversations with Jack Lazur.
Q And you called them to discuss the
complaint that you had filed with the Human Relations
Commission and the fact finding conference that was
going to be scheduled as a result?
A Some of them I just contacted because
they were my friends.
Q And you're saying you called them at
home as opposed to you didn't call them during
business hours?
A I may have called them during business
hours, but I never called them at the office.
Q Did you tell any of these employees why
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you had filed a Human Relations Commission complaint?
A Probably so, yes.
Q Do you recall what they said to you?
A I remember at the time a lot of them
were very nervous about having any kind of
conversations with me.
Q I believe I asked you a little bit
about this, but I just want to make sure I understand
it. In your complaint you state that ICS and Carl
Schleicher's actions negatively impacted your
employment opportunities by causing potential
employers not to want to risk a lawsuit by hiring
you?
A
Q
A
Q
Yes, sir.
And that's your testimony here today?
Yes, it is.
Do you have any evidence that ICS or
anyone representing ICS ever communicated with any of
the companies that you identified you had sought
employment with?
A Not specifically, no, sir.
Q You also claim that the actions of ICS
and Carl Schleicher forced you to take an entry level
clerk's position with the Pennsylvania State Police?
A Yes, sir.
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Q And that you were unable to find
regular work or employment in your chosen field of
expertise?
A Yes, sir.
Q And what do you claim is your chosen
field of expertise?
A Being a private investigator.
Q Did you seek employment outside the
area of Harrisburg?
No.
How did you end up going to work for
How did you know about the
A
the State Police?
position?
A
State Police.
Q
that?
A
I was told about it by a friend at the
Did you take a test or anything like
No. I filed a resume and a personal
information form with them, and I was called in and
interviewed.
Q
A
fitness unit.
Q
A
What do you do? What are your duties?
I perform clerical duties for the
Tell me what those duties consist of.
I pass along memoranda from my chain of
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command to other chains of command. I keep files and
data on individuals that work within the unit and
individuals that we test within the unit. The
majority of it is computer entry data, data entry
stuff.
Q Are there opportunities for advancement
at the State Police?
A Yes, sir.
Q Tell me about those. What do you
understand those opportunities to be?
A I'm not completely familiar with the
methods of progression within the State Police. I am
just through a probationary period there, so I am
sure I will get more knowledgeable about that. I
know there are --. there is a succession of positions
available to civilian employees within the
administration.
Q Are you a clerk one~ is that --
A Clerk two.
Q And I assume there are different steps,
a clerk three, clerk four?
A Yes, sir.
Q You also claim or allege in the
complaint that the actions of Carl Schleicher and ICS
damaged you both personally and professionally?
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A
Yes, sir.
How did they damage you personally?
Losing a job, and for many reasons I
was in a difficult financial position, and losing a
job and not being able to find employment to replace
my income was truly difficult.
Q Before you left ICS, were you having
any financial difficulties?
A Yes, sir.
Q How did the actions of Carl Schleicher
and ICS damage you professionally?
A I find it suspicious that I wasn't able
to gain employment with agencies that knew my name
and reputation within the industry.
Were those agencies hiring people?
I know they have hired people before
Q
and since.
Q
Now, in paragraph 19 of your complaint
you're asking for punitive damages for professional
harm and mental and emotional ang'uish?
A Yes, sir.
Q Are you presently under the care of any
mental health professional?
A No, sir.
Q Any doctor been treating you for
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depression or anything like that?
A No, sir.
Q Have you taken any medication because
of your mental and emotional anguish?
A No, sir.
Q Have you ever sought any medical care
for any mental or emotional anguish since you left
ICS?
A
Q
A
Anybody else?
A
Q
No, sir.
Since leaving ICS, have you spoken to
anyone about the lawsuits that you have filed against
ICS and Carl Schleicher?
Yes, sir.
Who have you talked to?
An attorney James Turner.
Anybody else?
No, sir.
I am not just talking about attorneys.
Family and friends.
Apart from family, any former ICS
employees, talked to any of them about the lawsuits
that you filed?
A Yes.
Q
It's come up in conversation.
Who have you talked to?
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A I spoke to Albert Thomas. I had
mentioned it to a gentleman by the name of J.T. Duke.
Q He used to work for ICS?
A Yes, sir.
Q Anybody else?
A That's all the former employees that I
recall off the top of my head.
Q You have filed two lawsuits against --
well, you filed a Human Relations complaint and you
filed two separate lawsuits in Cumberland County
against ICS and Carl Schleicher, .and you indicated
that you are going to be filing a federal lawsuit
against ICS and Carl Schleicher?
A Yes, sir.
Q Any other lawsuits that you are
planning to file against ICS?
A No, sir.
Q Or Carl Schleicher?
A No, sir.
Q You refer in your complaint to a
lawsuit that ICS brought against the Thomases and
Hayes-Stoudt for violations of the employment
agreement?
A Yes, sir.
Q Now, you were present at the hearing
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that was held on ICS's request for preliminary
injunction?
A
Q
A
Q
A
Q
lawsuit?
A
Q
Yes, sir.
You didn't testify at that proceeding?
No, sir.
Why were you there?
I guess curiosity more than anything.
How did you come to know about the
Mr. Thomas told me about it.
Did you talk to anyone about the
Hayes-Stoudt lawsuit other than the Thomases?
A No, sir.
Q You didn't talk to their attorney?
A No, sir.
Q Are there any letters or other
correspondence including e-mails between you and
either of the Thomases or people from Hayes-Stoudt
including their attorneys?
A No. I'm sorry. Did you say
communications just like talking to somebody?
Q
A
lawsuit, yes.
Q
Anything.
I have talked to Mr. Thomas about the
Since the hearing?
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him?
A
Yes.
When is the last time you talked to
A
I don't recall specifically.
Did you seek a job with Hayes-Stoudt?
No, sir.
Why not?
It's my understanding that most of
their work is in the southeastern part of the state
which would require me either to move or travel great
distances.
Q Don't they have certain clients who are
located here?
A Whether they have clients centrally
that -- I don't know if they are giving them work in
this area, but it's my understanding they don't have
much of any work in the central part of the state
here.
Q So you only sought employment with
private investigation firms located here in Central
Pennsylvania?
A
Q
ICS places certain restrictions on you for a period
of two years?
Yes, sir.
Now, the agreement that you signed with
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A Yes, sir.
Q And so those restrictions will expire
in February 2003?
Yes, sir.
Just three or four months from now,
A
correct?
A
Q
Yes.
Do you plan on reapplying for jobs in
your chosen field of expertise after that?
· A I hadn't begun to weigh my options.
Q There would be no reason that anyone
would be concerned about hiring you after February of
2003, right?
A
Q
I would assume so.
So there would be no reason after
February 2003 why you couldn't again reapply for jobs
with private investigating firms in the Harrisburg
area?
A
Q
Yes, sir.
The Ford Bronco that you purchased in
January 2001, what are you paying a month on that?
A
Q
right?
A
It's 349 and some change.
And you use that for personal use now,
Yes, sir.
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Q While you were working for ICS and you
were leasing the Tahoe, how much was that used for
personal and how much was used for business?
A I'd say it was 50-50.
Q Did you have any other vehicles while
you were working for ICS other than the Tahoe?
A My wife owns a car. That's it.
Q Are you aware of any other employees of
ICS whose car payments were made by ICS?
A I assume everybody had the same
arrangement I did.
Q
Which was mileage?
Yes, sir.
Based upon actual mileage driven?
Yes, sir.
MR. ADLER:
anything else to ask you.
A.M.)
Mr. Grogan, I don't have
Thank you for coming over.
(The deposition was concluded at 11:20
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16
COUNTY OF LEBANON :
·' SS·
COMMONWEALTH OF PENNSYLVANIA :
I, Anthony J. Balshy, Reporter-Notary
administer
wi'thin
Publ'ic' authorized to oaths and for
the Commonwealth of Pennsylvania and take depositions
in the trial of causes, do hereby certify that the
foregoing is the testimony of Michael P. Grogan.
I further certify that before the
· taking of said deposition, the witness was duly
sworn; that the questions and answers were taken down
stenographically by the said Anthony J. Balshy, a
Reporter-Notary Public, approved and agreed to, and
afterwards reduced to typewriting under the direction
of the said Reporter·
I further certify that the proceedings
and evidence are contained fully and accurately in
the notes taken by me on the within deposition, and
that this copy is a correct transcript of the same.
In testimony whereof, I have hereunto
subscribed my hand this ~"~<~ d.m~ of November, 2002.
~ony/~/. ~al~hy,/Reporter
Notary./
--. GEtGER & LORIA REPORTING SERVICE, 2408 PARK DR., SUITE B, HBG., PA 17110 717-541-150B OR 1-800-222-4577
ORIGINAL
MICHAEL P. GROGAN,
Plaintiff
V.
CARL W. SCHLEICHER/I.C.S.,
Defendant
DEFENDANT'S MOTION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 02-1575
Civil Action
FOR SUMMARY JUDGMENT
AND NOW, comes Defendant Carl W. Schleicher, by and through his attorneys, Reager
& Adler, P.C., and files this Motion for Summary Judgment and in support thereof avers the
following:
1. The Plaintiff commenced this action by filing a Complaint on May 6, 2002,
following an appeal from a District Justice Judgment.
2. The Plaintiff in his Complaint identifies the Defendant as follows: "Carl W.
Schleicher, who is the owner of I.C.S., is hereto after referred to as the Defendant". (Complaint
at paragraph 3) A true and correct copy of the Complaint including exhibits, which was served
on counsel for the Defendant is attached hereto as Exhibit "A".
3. The Plaintiff attached several documents as exhi'bits to the Complaint purporting
to support his cause of action, including an employment agreement.
4. The employment agreement is a written agreement between Investigative
Consultant Services, Inc. ("ICS"), and the Plaintiff, Michael P. Grogan.
Carl W. Schleicher, individually, is not a party to the employment agreement.
On or about May 17, 2002, Defendant filed preli:minary objections to the
o
6.
Complaint.
7.
Following oral argument on the Defendant's preliminary objections the
Honorable Judge Kevin A. Hess issued an order dated October il 1, 2002, which stated the
following: "And now this 11th day of October, 2002, following argument, the Court being
satisfied that the issues raised by the Defendant are better dealt with following the development
of a factual record, the preliminary objections in this case are denied."
8. Defendant filed an Answer with New Matter to the Plaintiffs Complaint to which
the Plaintiff responded on or about November 15, 2002, with a pleading entitled "Plaintiff's
Response." It should be noted that in the pleading entitled "Plaintiffs Response", the Plaintiff,
in violation of Pennsylvania Rule of Civil Procedure 1033, unilaterally changed the identity of
the Defendant to "Investigative Consultant Services, Inc., Carl W. Schleicher, President."
without consent of the Defendant and without leave of court.
9. On November 6, 2002, a deposition of the Plaintiff was taken and a transcript
was made of Plaintiffs testimony at the deposition.
10. A true and correct copy of the Plaintiffs deposition transcript is being filed
concurrently with this motion.
11. The gravaman of the Plaintiffs Complaint in this case appears to be an alleged
breach of employment agreement based upon ICS's alleged failure to pay Plaintiff automobile
expenses.
12. The Complaint does not allege that Carl W. Schleicher or ICS have violated any
statutes or committed any torts.
13.
transpired:
Ao
At page 23 of the transcript of the Plaintiffs deposition the following colloquy
Now there are two lawsuits in Cumberland County Court against ICS and Carl
Schleicher..One involves a claim for auto expenses, is that correct?
Yes.
That's the first lawsuit you filed in Cumberland County?
m~
Ao
A°
Qo
A.
15.
Yes, sir."
At pages 24-25 of Plaintiff's deposition he testified as follows:
And when you signed your employment agreement, the employment agreement
signed was with a company, right?
Correct.
And the company was?
I.C.S.
Now, in the Complaint you filed at docket No. 012-1575, which is the auto expense
complaint, you sued Carl Schleicher?
Yes, sir.
And in that you claim that Carl Schleicher was your employer?
Yes, sir.
Why are you claiming that Carl Schleicher was your employer if your checks
were issued by ICS and your employment agreement was with ICS?
That is my lack of understanding of the legal process. To me Mr. Schleicher was
the company. He was the only person you dealt 'with at the company.
But you have no reason to believe that ICS is not a bona fide corporation?
Oh. No, sir. (Deposition Transcript Pages 24-25)
The foregoing statements made by the Plaintiff in response to the deposition
questions of Defendant's counsel constitute admissions by the Plaintiff that Carl W. Schleicher
was not a party to any agreement with the Plaintiff. In his depo:sition the Plaintiff further
admitted that he is not alleging that ICS is not a bona fide corporation.
3
16. The Plaintiff has admitted that the only reimbursement from ICS to which he was
entitled was reimbursement for mileage during the period of his employment with ICS.
Evidence of this admission is found at pages 29-30 of the Plaintiff's deposition:
Q. "And they said that they would reimburse you based upon not on mileage, based
upon a flat amount, $600 a month?
A. No. The program was put to us that we would be paid mileage and that Mr.
Schleicher had reviewed records and represented that sum as $600 a month on the
average.
Q. But it was based upon the mileage actually incurred?
A. Yes, sir.
Q. Are you claiming in this lawsuit that you weren't reimbursed the mileage?
A. No, sir.
Q. So you were paid for the mileage?
A. Yes, sir.
17. The Plaintiff has not alleged any provision of the employment agreement which
entitles him to be paid automobile expenses when he is no longer employed by ICS.
18. Pennsylvania Rule of Civil Procedure 1035 provides that after the pleadings are
closed, but within such time as not to delay trial, any party may move for summary judgment
based on the pleadings together with any depositions, answers to interrogatories, admissions on
file and supporting affidavits.
19. The pleadings in this matter are closed.
20. The Plaintiff has admitted that Carl W. Schleicher was not a party to the
employment agreement which forms the basis of the Plaintiff's Complaint, and that ICS was his
employer.
21. Based on the employment agreement, Plaintiff is not entitled to any automobile
expenses subsequent to the termination of his employment by Defendant.
22. There are no genuine issues of material fact.
23. Defendant, Carl W. Schleicher/ICS is entitled to summary judgment as a matter of
law.
WHEREFORE, Defendant respectfully requests this Honorable to grant Defendant's
Motion for Summary Judgment and dismiss the Plaintiff's Complaint, with costs to the
Defendant.
Date: December 26, 2002
Thed/dore A. Adler, Esquire
Attorney ID. No. 16267
Thomas O. Williams, Esquire
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-464
Telephone: (717) 763-1383
Attorneys for Defendant
5
VERIFICATION
I, Carl Schleicher, verify the averments of the foregoing Motion for Summary Judgment
are tree and correct to my personal knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom
falsification to authorities.
By:
Carl
CERTIFICATE OF SERVICE
AND NOW, this 26~ day of December, 2002, I hereby verify that I have caused a true and
correct copy of the foregoing Defendant's Motion for Summary Judgment to be placed in the U.S.
mail, first class, postage prepaid and addressed as follows:
Michael P. Grogan
548 Walton Avenue
Hummelstown, PA 17036
THEODOR]E A. ADLER, ESQUIRE
ORIGINAL
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate;)
TO THE PROTHONOTARY/OF CUMBERLAND COUNTY:
Please List the within matter for the next:
Pre-Trial Argument Court
[] ArgUment Court
CAPTION OF CASE
(entire caption must be stated in full)
Michael P. Grogan
Carl W.
(Plaintiff)
VS.
Schleicher/I.C-S-
(Defendant)
No. 02-1575 Civil Action
State matter to be argued (i. e., plaintiff's mo~ion for new trial,
defendant's demurrer to complaint, etc.):
Defendant's Motion for Summary Judgment:
Identify counsel who will argue case:
(a) for plaintiff:Pr° Se M±chael P. Grogan, 5/,8 Walton Avenue
Hummelstown, PA 17036
(b) for defendant: Thomdor§.A. Adler, Esquire
Reager & Adler, PC, 12331 Market Street
Camp Hill, PA 17011
I will notify all parties in writing within two days that this case has been
listed for argument.._X
Dated: January 9, 2003
CERTIFICATE OF SERVICE
AND NOW, this 9th day of January, 2003, I hereby verifit that I have caused a true and
correct copy of the foregoing Praecipe for Listing Case for Argument to be placed in the U.S. mail,
first class, postage prepaid and addressed as follows:
Michael P. Grogan
548 Walton Avenue
Hummelstown, PA 17036
MICHAEL P. GROGAN
Plaintiff
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
· CIVIL ACTION - LAW
CARL W. SCHLEICHER/I.C.S. '
Defendants : NO. 02-1575 CIVIL TERM
IN RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
Before HOFFER, P.J. and OLER, J.
ORDER OF COURT
for Summary Judgment, it is hereby ORDERED that said Motion is GRANTED
and that Summary Judgment is entered in favor of Defendants, and Plaintiff's
Complaint is DISMISSED with prejudice.
By the Court:
~ichael P. Grogan
PO Box 1555
Harrisburg, PA 17105-5555
Plaintiff
.~heodore A. Adler, Esquire
Thomas O. Williams, Esquire
Reager & Adler, PC
2331 Market Street
Camp Hill, PA 17011-4642
Attorneys for Defendant
P.J.
Michael P. Grogan
548 Walton Avenue
Hummelstown, PA 17036
0/,,-0/, -0.5
MICHAEL P. GROGAN : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
CARL W. SCHLEICHER/I.C.S.:
Defendants : NO. 02-1575 CIVIL TERM
IN RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
HOFFER, P.J.:
Before HOFFER, P.J. and OLER~ J.
OPINION
Facts
On May 6, 2002, plaintiff Michael P. Grogan filed his pro se Complaint
naming Carl W. Schleicher, owner of plaintiff's former employer, Investigative
Consultant Services, Inc. ("ICS"), as defendants. Plaintiff attached a number of
documents to the Complaint to support his cause of action, including his
employment agreement. Carl W. Schleicher is not a party to the employment
agreement. The agreement is between ICS and Grogan. In his deposition,
Grogan admitted that his employment agreement was only with the company,
which he understood to be a bona fide corporation, and that Carl Schleicher was
not a party to the agreement nor was he the one who issued plaintiff's pay
checks.
Defendants filed preliminary objections to the Complaint on May 17, 2002.
Following oral argument, an order was issued denying the preliminary objections
and requesting that a factual record be developed. Defendants then filed an
Answer with New Matter to the Complaint, and plaintiff responded on November
15, 2002, with a pleading entitled "Plaintiff's Response? Finally, on November 6,
2002, the defendants took the deposition of Grogan.
In his Complaint, Grogan alleged that defendant Schleicher had "used and
forced his employees to sign employment agreements" that included a
requirement to provide a specific type of personal vehicle. (Complaint at 1-1).
Additionally, the Complaint stated that Grogan bought several vehicles, including
a 1996 Ford Bronco, in accordance with the employment agreement.
Apparently due to these allegations, plaintiff sought relief "for the financial
obligation brought on by the Employment Agreement for the period of
unemployment plus costs totaling $7,297.00." Id. In his deposition, Grogan
attempted to further explain his allegations? Essentially, his claim is that ICS
~ In "Plaintiff's Response" the plaintiff amended the caption of the case changing
the identity of the named defendant to "Investigative Consultant Services, Inc.,
Carl W. Schleicher, President." This change, made without leave of court, is in
violation of Pennsylvania Rule of Civil Procedure 1033, and thus is without effect.
2 Grogan: When I first went to work for ICS in 1986, we were issued
company vehicles. The company policy changed in late 1990 or early
1991 which necessitated the purchase of a personal vehicle for company
use,
...The program was put to us that we would be paid mileage and that Mr.
Schleicher had reviewed records and represented that sum as $600 a month on
the average.
Q: But it was based upon the mileage actually incurred?
A: Yes, sir.
Q: Are you claiming in this lawsuit that you weren't reimbursed the
mileage?
2
breached the employment agreement by failing to pay plaintiff certain automobile
expenses after plaintiff was terminated from employment.
Defendants filed a Motion for Summary Judgment on this action, claiming
that there is no genuine issue of material fact regarding whether plaintiff is
entitled to reimbursement for automobile expenses incurred after his termination
from ICS. Defendants rely on the deposition of Grogan, in which plaintiff admitted
that "the employment agreement upon which he brings this action entitles him
A: No, sir.
Q: What are you claiming you weren't paid for....?
A: I am claiming that for the period I am being restricted by the
employment agreement since I incurred a debt because of the
company policy and agreement the company should be liable for
that period of-
Q: So what you're claiming is after you were terminated, you still had
this vehicle?
A: Yes, sir.
Q: And you were still paying on the vehicle?
A: yes, sir.
Q: But you weren't receiving travel and mileage expense from ICS
since you were no longer employed by them?
A: Correct.
Q: And so what you're seeking to be paid is what you had to
continue to pay on the vehicle after you were terminated?
A: Yes, sir ....
Q: Just so I understand it, the compensation that you're seeking to
be paid for your vehicle is connected with your termination of
employment?
A: In my mind it's connected to the agreement I signed as part of my
employment.
Q: But once you were terminated, you're claiming the costs of the
vehicle after you were terminated.
A: Yes, sir.
Q: You're not claiming that you weren't paid while you were an
employee?
A: No, sir.
only to reimbursement for mileage during the period of his employment with [ICS]
and...that he has been paid in accordance with the employment agreement."
(Defendant's Brief at 2). After reviewing the record in its entirety, the Court is in
agreement.
Discussion
Summary judgment, pursuant to Pennsylvania Rule of Civil Procedure
1035(b), should be granted when "there is no genuine issue as to any material
fact and that the moving party is entitled to judgment as a matter of law. See Pa.
R.C.P. 1035(b). In this case, the question presented is whether there is any
genuine issue as to any material fact regarding whether plaintiff is entitled to any
more reimbursement for his automobile under his former employment agreement
with ICS. The plain language of the employment agreement and plaintiff's
deposition make it clear that there is no question of material fact regarding
whether plaintiff is entitled to further reimbursement. Both documents clearly
show that he is not entitled to any further reimbursement for his automobile
expenses.
Although Grogan has admitted that he was paid for all of his auto
expenses during his employment (Deposition at 30), he is seeking through this
action to be reimbursed for any costs he has continued to pay for his vehicle
following his termination from ICS (Complaint at 1-1). His basis for this claim is
that he was required to have a vehicle under his Employment Agreement with
(Deposition at 29-32).
ICS, and after his termination he had to continue making payments. (Deposition
at 30). However, this argument is without merit.3 Plaintiff admitted that he has
been paid all amounts to which he is entitled under the Employment Agreement
and asserts no legal basis by which he can receive further reimbursement or
compensation after his termination from ICS. Because there is no genuine issue
of material fact regarding plaintiff's claim of reimbursement, defendants are
entitled to judgment as a matter of law.
3 Certainly one of plaintiff's options was to get rid of the vehicle.
5