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HomeMy WebLinkAbout06-5448James R. Clippinger, Esquire Attorney I.D. #07159 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiff, Changes Beauty Salon and Day Spa Inc. CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff, V. TAMARA LEGGE, 102A OLD CABIN HOLLOW ROAD DILLSBURG, PA 17019 Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -EQUITY :NO. 06-5448 CIVIL TERM : INJUNCTIVE RELIEF NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ORIGINAL CHANGES BEAUTY SALON : IN THE COURT OF COMMON PLEAS AND DAY SPA, INC., : CUMBERLAND COUNTY, PENNSYLVANIA 5121 E. Trindle Road, Mechanicsburg, PA 17050 Plaintiff V. : NO. Q` - sgyp l t(-jf- r l ? TAMARA LEGGE, : CIVIL ACTION - EQUITY 102A Old Cabin Hollow Road, Dillsburg, PA 17019 ; Defendant : INJUNCTIVE RELIEF COMPLAINT AND NOW, comes the Plaintiff, Changes Beauty Salon and Day Spa, Inc., by and through its attorneys, Caldwell & Kearns, and files the within Complaint; and in support thereof, avers as follows: L Plaintiff, Changes Beauty Salon and Day Spa, Inc., ("Plaintiff'), is a duly organized Pennsylvania business corporation with a principal place of business located at 5121 E. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Tamara Legge, ("Defendant"), is an individual believed to be currently residing at 102A Old Cabin Hollow Road, Dillsburg, York County, Pennsylvania 17019. 3. On or about February 4, 2004, Plaintiff and Defendant entered into an oral employment agreement, ("Agreement"), whereby Defendant agreed to work for Plaintiff for an indefinite period of time as a hairstylist. 4. In conjunction with Plaintiff's employment of Defendant, and made a valuable part of the consideration of that employment, Plaintiff explained to Defendant that she would be required to sign a Covenant Not to Compete which following said explanation Defendant did agree and did sign. The Covenant Not to Compete set forth a restrictive covenant which provides in pertinent part that Defendant "hereby agrees that for a period of twelve (12) months from termination of employment, the undersigned will not accept employment at any beauty salon offering services similar to those of [Plaintiff] nor will she, directly or indirectly, own, manage, operate, join, control or participate in the ownership, management, operation or control, of or be connected with, in any manner, any home care business within fifteen (15) miles of the principal place of business of [PlaintiffJ." See Exhibit "A. " 6. The Covenant Not to Compete further provided for injunctive relief and reimbursement for all costs and expenses, including attorneys' fees and court costs, incurred by Plaintiff in enforcing this restrictive covenant. 7. On or about August 5, 2006, Defendant advised Plaintiff that she was voluntarily terminating her employment. Plaintiff requested and Defendant confirmed her termination by written statement, a true and correct copy is attached hereto. See Exhibit 'B. " At the time of termination, Plaintiff also advised Defendant that the terms of the Covenant Not to Compete would be strictly enforced. 9. Following Defendant's resignation it came to Plaintiff's attention that Defendant promptly thereafter had accepted employment as a hairstylist at Sass Salon and Day Spa, which is located at 4931 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 10. Subsequent to Defendant's termination, Plaintiff's also learned that Defendant solicited clients of Plaintiff by forwarding correspondence to these clients and obtained their addresses through Plaintiff's database. 2 11. Sass Salon and Day Spa, Defendant's current place of employment, is only approximately one (1) mile from Plaintiff's place of business. 12. In accordance with the Covenant Not to Compete, upon learning of Defendant's present location of employment, Plaintiff made demands upon Defendant to cease and desist her employment. 13. Despite repeated demands made by Plaintiff, Defendant has failed and refused to terminate her employment at Sass Salon and Day Spa. COUNT I - BREACH OF CONTRACT 14. Plaintiff hereby incorporates paragraphs 1 through 13 as if set forth in full. 15. Plaintiff and Defendant entered into a valid and legally binding Employment Agreement, on or about February 4, 2004. 16. In consideration for Plaintiff agreeing to hire Defendant as a hairstylist, Defendant agreed to the restrictive covenant, in the form of a Covenant Not to Compete, as set forth above. 17. The Agreement restricted Defendant's ability to work in a beauty salon within fifteen (15) miles for a period of twelve (12) months. 18. Plaintiff has duly performed all the conditions of the Agreement. 19. Defendant intentionally, knowingly, wrongfully and without justification breached the Agreement by accepting employment at Sass Salon and Day Spa, which is located well-within the fifteen (15) mile restriction, immediately after voluntarily terminating her employment. 20. As a direct and proximate result of this breach by Defendant, Plaintiff was caused and continues to suffer immediate, irreparable and substantial losses. WHEREFORE, Plaintiff Changes Beauty Salon and Day Spa, Inc., respectfully requests that this Court enter a decree permanently enjoining Defendant Tamara Legge from in any way breaching or violating the restrictive covenant and from working in any beauty salon within fifteen (15) miles of Plaintiff's business, including her current employer, for a period of twelve (12) months, including an award of attorneys' fees and costs against Defendant and in favor of Plaintiff and any other relief this Court deems appropriate. COUNT II - INJUNCTIVE RELIEF 21. Plaintiff hereby incorporates paragraphs 1 through 20 as if set forth in full. 22. Defendant's violation of the restrictive covenant is continuing and is causing irreparable harm to the business of Plaintiff for which a remedy at law for damages is not adequate. 23. The restrictive covenant in the Agreement expressly entitles Plaintiff to equitable relief enjoining Defendant from being employed in any beauty salon within fifteen (15) miles of Plaintiff for a period of twelve (12) months, which area includes the Sass Salon and Day Spa where Defendant is currently working. 24. As a direct and proximate result of Defendant's conduct, Plaintiff was caused and continues to suffer immediate, irreparable and substantial losses. 25. Greater injury will result from the denial of the injunction than from the granting of the injunction. 26. Defendant has no adequate remedy at law and unless it obtains injunctive relief, it will continue to suffer irreparable harm to its business. WHEREFORE, Plaintiff Changes Beauty Salon and Day Spa, Inc., respectfully requests that this Court enter a decree permanently enjoining Defendant Tamara Legge from in any way 4 breaching or violating the restrictive covenant and from working in any beauty salon within fifteen (15) miles of Plaintiff's business, including her current employer, for a period of twelve (12) months, including an award of attorneys' fees and costs against Defendant and in favor of Plaintiff and any other relief this Court deems appropriate. Dated: / C) 6 Respectfully submitted, CALDW & KEAR By: Jame . Cli in er, Esquire Attorney I.D. No. 07159 Douglas L. Cassel, Esquire Attorney I.D. No. 92895 3631 N. Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Plaintiff Changes Beauty Salon and Day Spa, Inc. 06757-001/106015 VERIFICATION I, Valerie Lauren, President of Plaintiff, Changes Beauty Salon and Day Spa, Inc., verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: g115/0C., UV erie n, President of Changes Beauty Salon and Day Spa, Inc. COVENANT NOT TO COMPETE.. In consideration of the employment and the training to be provided by Changes Beauty Salon and Day Spa, Inc. and the salary and/or commissions to be paid to the undersigned by Changes Beauty Salon and Day Spa, Inc_ the undersigned hereby agrees that for a period or twelve (I2) months from termination of employment, the undersigned will not accept employment at any beauty salon offering services similar to those of Changes Beauty Salon and Day Spa, Inc. nor will she, directly or indirectly, own, manage, operate, join, control or participate in the ownership, management, operation or control, of or be connected with, in any manner, any home care business within fifteen (15) miles of the principal place of business of Changes Beauty Salon and Day Spa, inc. The undersigned agrees that the remedy at law for any breach by the undersigned of the foregoing will be inadequate and that Changes Beauty Salon and Day Spa, inc, shall be entitled to .nlunctive relief and reimbursement froirt the undersigned for all costs and expenses, including attorneys' fees and court costs, incurred by Changes Beauty Salon and Day Spa, Inc. in connection with the enforcement of this Covenant Not to Compete. It., any provisions of this paragraph sliall be held invalid, the undersigned agrees that such provisions shall be severed and the balance thereof shall remain valid and enforceable. In the event that a court of competent jurisdiction determines that the scope of business restricted or the time or geographic limitations imposed are to broad to be capable of enforcement, the undersigned agrees. that. such court may ignore such provision and instead enforce the provisions as to such scope, time and geographical area as the court deems proper. This Covenant Not to Compete shall be governed by the laws of'the Commonwealth of Pennsylvania and any action involving this Covenant No, to Compete shall be brought in the court of appropriate jurisdiction in Cumberland County. Pennsylvania. 200 DATED as of the ?w day of, e I d 0026 13rN3SUJ OH Oaec = t 9002 IO d--.35Z p.2 SEP 12 2006 3:43PM HP LRSERJET 3200 El ?7 •1 • ' .r?~ i (? ?.? :?-''? ( ?" ?. it ?. ?. j`1. it IL 't/?.... J fY, kJ) 4 ji.k vi? ?` ???? ?'?-?'? 1 `?•?'4 ?=,`Vt?t?1y?' `"?' ?'? 1. ?1 -? V' "• -1?:L.'i J ? 1 \7 l V o ? d ?i ._a a CHANGES BEAUTY SALON : IN THE COURT OF COMMON PLEAS AND DAY SPA, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. . NO. TAMARA LEGGE, : CIVIL ACTION - LAW ORIGINAL Defendant : INJUNCTIVE RELIEF ORDER AND NOW, this day of , upon consideration of Plaintiff's Motion for Injunction, it is hereby ORDERED that said Motion is GRANTED, and the following relief is awarded: Defendant Tamara Legge is hereby enjoined from working in any beauty salon within fifteen (15) miles of Plaintiff for a period of one (1) year, with such time beginning as of the date of this Order; and BY THE COURT: J. CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. LL TAMARA LEGGE, : CIVIL ACTION - LAW Defendant INJUNCTIVE RELIEF ORIGINAL MOTION FOR INJUNCTION AND NOW, comes the Plaintiff, Changes Beauty Salon and Day Spa, Inc., by and through its attorneys, Caldwell & Kearns, and files the within Motion for Injunction; and in support thereof, avers as follows: 1. Plaintiff, Changes Beauty Salon and Day Spa, Inc., ("Plaintiff'), is a duly organized Pennsylvania business corporation with a principal place of business located at 5121 E. Trindle Road, Mechanicsburg, Pennsylvania 17050. 2. Defendant, Tamara Legge, ("Defendant"), is an adult individual believed to be currently residing at 102A Old Cabin Hollow Road, Dillsburg, Pennsylvania 17019. 3. Simultaneously with the filing of this Motion for Injunction, Plaintiff has filed a Complaint requesting injunctive relief. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and incorporated herein by reference. 4. For the reasons explained in the Complaint, an injunction restraining Defendant from working in a beauty salon within fifteen (15) miles of Plaintiff s business is warranted. 5. Injunctions are mandated where six essential prerequisites are proven: (1) a strong likelihood of success on the merits; (2) a showing of immediate and irreparable harm that cannot be compensated by money damages; (3) a showing that greater injury will result if injunctive relief is denied then if such injunctive relief is granted; (4) a showing that an injunction would restore the status quo; (5) the injunction sought is reasonably suited to abate the offending activity; and (6) there is no adverse affect on the public interest. Kessler v. Broder, 851 A.2d 944, 947 (Pa. Super. 2004) appeal denied, 582 A.2d 676, 868 A.2d 1201 (2005); Allegheny Anesthesiology Assoc. v. Allegheny Gen. Hosn., 826 A.2d 886, 891 (Pa. Super. 2003), appeal denied 577 Pa. 684, 644 A.2d 550 (2004). 6. In this situation, all requirements are met. 7. First, Plaintiff has a strong likelihood of success on the merits since Defendant has clearly violated the language of the contract by accepting employment with Plaintiff s competitor, who is located within one (1) mile of Plaintiff's business. 8. The Covenant Not to Compete is clear and unambiguous in its prohibition against accepting employment in a beauty salon within fifteen (15) miles of Plaintiff's business for a period of twelve (12) months. 9. Second, without an injunction Plaintiffs rights under the Employment Agreement, specifically the Covenant Not to Compete and as a whole, are virtually destroyed and useless. 10. As a result, there is no possibility that Plaintiff can be compensated by monetary damages and will suffer irreparable harm. 11. Third, greater injury will result if injunctive relief is denied, than if such injunctive relief is granted, in that denial of an injunction will permit Defendant to continue working at her current employer, in clear violation of the Covenant Not to Compete. 12. This would allow Defendant to completely ignore the restrictive covenant to which she agreed to abide by and further result in significant harm to Plaintiff in the form of loss of revenue from direct competition by its former employee. 13. Fourth, an injunction will maintain the status quo pending a determination of Plaintiff's legal rights, and will prevent Defendant from benefiting from her own breach until such time as this matter is resolved. 14. Fifth, the requested injunction is reasonably suited to abate the offending activity. 15. Plaintiff asks that Defendant be restricted from working a mere one (1) mile, more or less, from Plaintiff's business, which is a clear violation of the Covenant Not to Compete. 16. Finally, the public interest in assuring compliance with contracts, and not permitting an intentional violation of the provisions of a validly executed contract, is upheld by the entry of an injunction of this nature. WHEREFORE, Plaintiff Changes Beauty Salon and Day Spa, Inc., respectfully requests that this Honorable Court enter an Injunction restricting Defendant Tamara Legge from working in a beauty salon within fifteen (15) miles of Plaintiff and any other such relief as this Court deems appropriate. Respectfully submitted, Dated: ©?0 CALDWELL 7- JaIrve's S By: /9' . Clippinger, Esquire Attorney I.D. No. 07159 Douglas L. Cassel, Esquire Attorney I.D. No. 92895 3631 N. Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Plaintiff Changes Beauty Salon and Day Spa, Inc. 06757-001/106112 CERTIFICATE OF SERVICE day of 2006, I hereby certify that I have AND NOW, this 4-& served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Tamara Legge 102A Old Cabin Hollow Road Dillsburg, PA 17019 CALDWELL & KEARNS By ???Llt? 06223-0021106474 -i C. ?. t . i CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff V. TAMARA LEGGE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5448 : CIVIL ACTION - LAW ORIGINAL Defendant : INJUNCTIVE RELIEF PRAECIPE TO ATTACH EXHIBIT TO MOTION FOR INJUNCTION TO THE PROTHONOTARY: Kindly attach the enclosed "Exhibit A," which was inadvertently omitted, to the Motion for Injunction in the above-captioned matter. Respectfully submitted, Dated: °I 1-a I O G CALDWELL & KEARNS A 1_:?2 By: ___ z 1 Do as Y. C sel, Esquire Attorney I.D. No. 92895 3631 N. Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff 06577-001/106627 CERTIFICATE OF SERVICE AND NOW, this 21S!day of September, 2006, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Tamara Legge 102A Old Cabin Hollow Road Dillsburg, PA 17019 CALDWELL & KEARNS ByO4? 0 0, 4 Wd I Z d3S 9066 301:1HCr-031H Z:::?, C4, -7 -- ) _k; James R. Clippinger, Esquire Attorney I.D. #07159 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiff Changes Beauty Salon and Day Spa, Inc. CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -EQUITY V. TAMARA LEGGE, 102A OLD CABIN HOLLOW ROAD DILLSBURG, PA 17019 Defendant. :NO. 06-5448 CIVIL TERM : INJUNCTIVE RELIEF NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 COPY CHANGES BEAUTY SALON AND DAY SPA, INC., 5121 E. Trindle Road, Mechanicsburg, PA 17050 Plaintiff V. TAMARA LEGGE, 102A Old Cabin Hollow Road, Dillsburg, PA 17019 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ota- YggP c-? c_- CIVIL ACTION - EQUITY INJUNCTIVE RELIEF COMPLAINT AND NOW, comes the Plaintiff, Changes Beauty Salon and Day Spa, Inc., by and through its attorneys, Caldwell & Kearns, and files the within Complaint; and in support thereof, avers as follows: 1. Plaintiff, Changes Beauty Salon and Day Spa, Inc., ("Plaintiff'), is a duly organized Pennsylvania business corporation with a principal place of business located at 5121 E. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Tamara Legge, ("Defendant"), is an individual believed to be currently residing at 102A Old Cabin Hollow Road, Dillsburg, York County, Pennsylvania 17019. 3. On or about February 4, 2004, Plaintiff and Defendant entered into an oral employment agreement, ("Agreement"), whereby Defendant agreed to work for Plaintiff for an indefinite period of time as a hairstylist. 4. In conjunction with Plaintiff's employment of Defendant, and made a valuable part of the consideration of that employment, Plaintiff explained to Defendant that she would be required to sign a Covenant Not to Compete which following said explanation Defendant did agree and did sign. 5. The Covenant Not to Compete set forth a restrictive covenant which provides in pertinent part that Defendant "hereby agrees that for a period of twelve (12) months from tennination of employment, the undersigned will not accept employment at any beauty salon offering services similar to those of [Plaintiff] nor will she, directly or indirectly, own, manage, operate, join, control or participate in the ownership, management, operation or control, of or be connected with, in any manner, any home care business within fifteen (15) miles of the principal place of business of [Plaintiff]." See Exhibit "A. " 6. The Covenant Not to Compete further provided for injunctive relief and reimbursement for all costs and expenses, including attorneys' fees and court costs, incurred by Plaintiff in enforcing this restrictive covenant. 7. On or about August 5, 2006, Defendant advised Plaintiff that she was voluntarily terminating her employment. Plaintiff requested and Defendant confirmed her termination by written statement, a true and correct copy is attached hereto. See Exhibit `B. " 8. At the time of termination, Plaintiff also advised Defendant that the terms of the Covenant Not to Compete would be strictly enforced. 9. Following Defendant's resignation it came to Plaintiff's attention that Defendant promptly thereafter had accepted employment as a hairstylist at Sass Salon and Day Spa, which is located at 4931 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 10. Subsequent to Defendant's termination, Plaintiff's also learned that Defendant solicited clients of Plaintiff by forwarding correspondence to these clients and obtained their addresses through Plaintiff's database. 2 11. Sass Salon and Day Spa, Defendant's current place of employment, is only approximately one (1) mile from Plaintiff's place of business. 12. In accordance with the Covenant Not to Compete, upon learning of Defendant's present location of employment, Plaintiff made demands upon Defendant to cease and desist her employment. 13. Despite repeated demands made by Plaintiff, Defendant has failed and refused to terminate her employment at Sass Salon and Day Spa. COUNT I - BREACH OF CONTRACT 14. Plaintiff hereby incorporates paragraphs 1 through 13 as if set forth in full. 15. Plaintiff and Defendant entered into a valid and legally binding Employment Agreement, on or about February 4, 2004. 16. In consideration for Plaintiff agreeing to hire Defendant as a hairstylist, Defendant agreed to the restrictive covenant, in the form of a Covenant Not to Compete, as set forth above. 17. The Agreement restricted Defendant's ability to work in a beauty salon within fifteen (15) miles for a period of twelve (12) months. 18. Plaintiff has duly performed all the conditions of the Agreement. 19. Defendant intentionally, knowingly, wrongfully and without justification breached the Agreement by accepting employment at Sass Salon and Day Spa, which is located well-within the fifteen (15) mile restriction, immediately after voluntarily terminating her employment. 20. As a direct and proximate result of this breach by Defendant, Plaintiff was caused and continues to suffer immediate, irreparable and substantial losses. 3 WHEREFORE, Plaintiff Changes Beauty Salon and Day Spa, Inc., respectfully requests that this Court enter a decree permanently enjoining Defendant Tamara Legge from in any way breaching or violating the restrictive covenant and from working in any beauty salon within fifteen (15) miles of Plaintiff's business, including her current employer, for a period of twelve (12) months, including an award of attorneys' fees and costs against Defendant and in favor of Plaintiff and any other relief this Court deems appropriate. COUNT II - INJUNCTIVE RELIEF 21. Plaintiff hereby incorporates paragraphs I through 20 as if set forth in full. 22. Defendant's violation of the restrictive covenant is continuing and is causing irreparable harm to the business of Plaintiff for which a remedy at law for damages is not adequate. 23. The restrictive covenant in the Agreement expressly entitles Plaintiff to equitable relief enjoining Defendant from being employed in any beauty salon within fifteen (15) miles of Plaintiff for a period of twelve (12) months, which area includes the Sass Salon and Day Spa where Defendant is currently working. 24. As a direct and proximate result of Defendant's conduct, Plaintiff was caused and continues to suffer immediate, irreparable and substantial losses. 25. Greater injury will result from the denial of the injunction than from the granting of the injunction. 26. Defendant has no adequate remedy at law and unless it obtains injunctive relief, it will continue to suffer irreparable harm to its business. WHEREFORE, Plaintiff Changes Beauty Salon and Day Spa, Inc.., respectfully requests that this Court enter a decree permanently enjoining Defendant Tamara Legge from in any way 4 breaching or violating the restrictive covenant and from working in any beauty salon within fifteen (15) miles of Plaintiff's business, including her current employer, for a period of twelve (12) months, including an award of attorneys' fees and costs against Defendant and in favor of Plaintiff and any other relief this Court deems appropriate. By: Dated: 1 &/'6 06757-001/106015 Respectfully submitted, CALD ?V) Jame's-R. Ch roger, Esquire Attorney LD. No. 07159 Douglas L. Cassel, Esquire Attorney I.D. No. 92895 3631 N. Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Plaintiff Changes Beauty Salon and Day Spa, Inc. 5 VERIFICATION I, Valerie Lauren, President of Plaintiff, Changes Beauty Salon and Day Spa, Inc., verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: q 1(5Jp(o LV erie &baw-ehh,resident of Changes Beauty Salon and Day Spa, Inc. COVENANT NOT TO COMPETF. In consideration of the employment and the training to be prcavided by Changes Beauty Salon and Day Spa, Inc. and the salary and/or commissions to be paid to the undersigned by Changes Beauty Salon and Day Spa, Inc_ the undersigned hereby agrees that for a period of twelve (12) months from termination of employment, the undersigned will not accept employment at any beauty salon offering services similar to those of Changes Beauty Salon and Day Spa, Inc. nor will she, directly or indirectly, own, manage, operate, join, control or participate in the ownership, management, operation or• control, of or be connected with, in any manner, any home care business within fifteen (15) miles of the principal place of business of Changes Beauty Salon and Day Spa, Inc. The undersigned agrees that the remedy at law for any breach by the undersigned of the foregoing will be inadequate and that Changes Beauty Salon and Day Spa, Inc. shall be entitled to injunctive relief and reimbursetrent frOM the undersigned for all costs and expenses, including attorneys' fees and court costs, incurred by Changes Beauty Salon and Day Spa, Inc. in connection with the enforcement of this Covenant Not to Compete. If any provisions of this paragraph shall be held invalid, the undersigned agrees that such provisions shall be severed and the balance thereof shall remain valid and enforceable. In the event that a court of competent jurisdiction determines that the scope of business restricted or the time or geographic limitations Imposed are to broad to be capable of enforcement, the undersigned agrees that such court may ignore such provision and instead enforce the provisions as to such scope, time and geographical area as the court deems proper This Covenant Not to Compete shall be governed by the laws Of the Commonwealth of Pennsylvania and any action involving this Covenant Not to Compete shall be brought in the court of appropriate jurisdiction in Cumberland County, Pennsylvania. DATED as of the Y?- ?_ day of L00 PLAINTIFF'S EXHIBIT E•d OOZE 13"3SUI dH Wd8E s I anna TI . SEP 12 2006 3:43PM HP LRSERJET 3200 iP'2 .V\,. 1 , - CA Jw Y, 1 Y ,..? 11..E JL? Qk? 1? ?/?1 ? f1 J ,? l 1 l ?? rI `. V1.Jti`s /?/r?`??lf??'f?'1?•f?/` pLA1NTIFF'S EXHIBIT ri' ?' p C ?, - C? - ' -- 1 s a ( 6? ? r.,? ? p "_ f d . ? ?" r -? .. ""? . 4 ? CHANGES BEAUTY SALON : IN THE COURT OF COMMON PLEAS AND DAY SPA, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. o?-s?,?g ORIGINAL 7e/yv\ TAMARA LEGGE, : CIVIL ACTION - LAW Defendant : INJUNCTIVE RELIEF A hearing to consider Plaintiff's Nlotion for Injunction is hereby scheduled for the ;? day of '2006, at 39 m. in Courtroom No. 3 2wA 9,. to -aG J. Q, ?V A `te' -p\) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff, V. TAMARA LEGGE, Defendant. No. 06-5448 CIVIL ACTION - EQUITY PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary. Enter my appearance on behalf of Defendant, Tamara Legge. Date: Respectfully submitted, LAW OFFICE OF JOSEPH C. KORSAK a By: Joseph C. Korsak, Esquire Supreme Court Id: 22233 Amanda L. Snoke, Esquire Supreme Court Id: 202254 33 North Queen Street York, PA 17403 Telephone: (717)854-3175 Fax: (717)845-2643 Email: jkorsakkblazenet.net CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid upon the following: James R. Clippinger, Esquire Douglas L. Cassel, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 Date: glaj u By: Amanda L. Snoke, Esquire Supreme Court Id: 202254 Law Office of Joseph C. Korsak 33 North Queen Street York, PA 17403 Telephone: (717)854-3175 Fax: (717)845-2643 Email: amandasnoke@blazenet.net C? rya ` ? n ' il r. s ;n co ? ; CHANGES BEAUTY SALON IN THE COURT OF COMMON PLEAS OF AND DAY SPA, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 06-5448 CIVIL TERM TAMARA LEGGE, CIVIL ACTION - LAW Defendant INJUNCTIVE RELIEF ORDER OF COURT AND NOW, this 28th day of September, 2006, after hearing, the motion for a preliminary injunction is DENIED. By t Edward E. Guido, J. effrey T. McGuire, Esquire For the Plaintiff eph C. Korsak, Esquire For the Defendant \ srs J All' o`? . 3Hi JO CT-1,% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff, V. TAMARA LEGGE, Defendant. No. 06-5448 CIVIL ACTION - EQUITY NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOREGOING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE, PERSONALLY OR BY AN ATTORNEY, AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE TO YOU OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 717-249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. SI USTED DESEA DEFENDERSE DE LAS QUEJAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, DEBE TOMAR ACCION DENTRO DE VEINTE (20) DIAS A PARTIR DE LA FECHA EN QUE RECIBIO LA DEMANDA Y EL AVISO. USTED DEBE PRESENTAR COMPARECENCIA ESCRITA EN PERSONA O POR ABOGADO Y PRESENTAR EN LA CORTE POR ESCRITO SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN SU CONTRA. SE LE AVISA QUE SI NO SE DEFIENDE, EL CASO PUEDE PROCEDER SIN USTED Y LA CORTE PUEDE DECIDIR EN SU CONTRA SIN MAS AVISO O NOTIFICACION POR CUALQUIER DINERO RECLAMADO EN LA DEMANDA O POR CUALLQUIER OTRA QUEJA O COMPENSACION RECLAMADOS POR EL DEMANDANTE. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO ATIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 717-249-3166 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff, V. No. 06-5448 TAMARA LEGGE, Defendant. CIVIL ACTION - EQUITY DEFENDANT'S ANSWER WITH DEFENSES 1. Admitted.. 2. Admitted. 3. Denied as stated. Plaintiff hired defendant in early January, 2004, with the understanding that Defendant would begin working on Monday, February 2, 2004. 4. Denied as stated. To the point of hire in January, 2004, Plaintiff did not indicate that a restrictive covenant would be required. To the contrary, Defendant began working on February 2, 2004, without the knowledge that she would be required to exercise a restrictive covenant. Defendant was provided with a copy of the covenant on February 4, 2004, and was asked to sign same. Defendant was advised by Plaintiff's representative that the papers "were a formality". Defendant was not offered any additional consideration for doing so. 5. Denied as stated. The document speaks for itself. 6. See 5 above. 7. Admitted. 8. Denied as stated. There was no reference to any covenant. 9. Neither admitted nor denied as to what came to Plaintiff's attention. This is information solely within the control of an adverse parry. Proof of same is required at trial. 10. Denied as stated. Defendant brought a large following with her to Plaintiff's business when the relation began. All identifying information was known to Defendant without reference to any database. 11. Admitted. 12. Admitted though there was no legal basis for doing so. 13. Admitted. Defendant is not bound by the covenant. 14. No response required. 15. Denied as stated. This is a legal conclusion for which no response is required. 16. Denied as stated. The covenant was sprung on Defendant after she accepted employment and after she began work for the employer. At no time through her acceptance of employment was Defendant aware that a restrictive covenant was required. 17. Denied as stated. There are two covenants. Under the first, the covenant purports to keep Defendant out of the "salon" business for 12 months, without any geographical restriction. Under the second, she is precluded from engaging in "any home care business" within 15 miles of Plaintiff s premises without any time duration. Neither covenant is reasonable as to time and space and is therefore not enforceable. 18. Denied as stated. This is a legal conclusion for which no response is required. 19. See 18. above. 20. Neither admitted nor denied. This is information solely within the control of an adverse party. Proof of same is demanded at trial. 21. No responses required. 22. See 18. above. 23. Denied as stated. See 17. above. There are two covenants, neither of which are reasonable as to time and space. 24. See 20. above. 25. See 20. above. 26. See 20. above. NEW MATTER 27. The complaint fails to state a claim for which relief may be granted. 28. Plaintiff is estopped from the enforcement of the covenants. 29. There is no independent consideration for either covenant and therefore neither is enforceable. 30. Literal enforcement of the covenants would create an intolerable burden and hardship on the Defendant. 31. This action is brought in bad faith. 32. Plaintiff does not come to equity with clean hands. 33. Plaintiff cannot establish a sufficient business justification for the restriction. 34. Plaintiff has constructively discharged the Defendant. COUNTERCLAIM TAMARA LEGGE v. CHANGES BEAUTY SALON AND DAY SPA, INC. 35. Plaintiff in this counterclaim is Tamara Legge. 36. After Plaintiff Legge was hired by the Counterclaim Defendant, a representative of Defendant importuned Plaintiff to sign a number of documents. 37. It was presented to Plaintiff that the documents were "merely a formality". 38. One of the documents presented for signature is the restrictive covenant sought to be enforced. 39. Defendant's agent misrepresented the effect of the documents presented for signature. 40. The representation was material to the transaction at hand. 41. The representation was made falsely, with knowledge of its falsity or recklessness as to whether it was true or false. 42. The representation was made with the intent of misleading another into relying on it. 43. Because Plaintiff had previously been employed by the Defendant, Plaintiff justifiably relied on the misrepresentation. 44. Plaintiff has suffered financial injury proximately caused by the reliance. WHEREFORE, Plaintiff prays this Court void the restrictive covenant and forever enjoin Defendant from enforcing same. Date: 10/06/06 By: Jose . Korsak, Esquire 33 Queen Street PA 17403 (717) 854-3175 I.D. No. 22233 VERIFICATION The undersigned verifies that the statements made in the foregoing instrument which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorney, who advises me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understood that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorney on his advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. -7? Date: ° vG CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Answer was served by first-class mail, postage prepaid, upon the following: Jeffrey T. McGuire, Esq. Caldwell & Kearns 3631 N. Front Street Harrisburg, Pa. 17110 Date: 10/06/06 By: C C"? ?"', ` S-s-t __-, '7 d ? ?' ?_ ? .-F--? ? ;? -- - ?i1 ?? ? .{ ; ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHANGES BEAUTY SALON AND No. 06-5448 DAY SPA, INC., Plaintiff, V. TAMARA LEGGE, Defendant. CIVIL ACTION - EQUITY MOTION TO COMPEL PRODUCTION 1. Your Petitioner is Tamara Legge, Defendant in the above action. 2. The Honorable Edward E. Guido has heard and ruled upon a Motion for Preliminary Injunction filed by Plaintiff in this case. 3. Plaintiff, through counsel, was served with a Request for Production on or about October 8, 2006. (Exh. A and B) 4. The response time has since passed, without response by Plaintiff. 5. Defendant through counsel has requested a response by Plaintiff, but none has been forthcoming. (Exh. C) WHEREFORE, Defendant prays that Plaintiff be compelled to answer the Request and produce the documents sought. Date: 10/29/06 By: Joseph orsak, Esquire 3, YN Queen Street 'Y , PA 17403 17) 854-3175 I.D. No. 22233 October 6, 2006 Valerie Lauren, CEO Changes Salon c/o J. McGuire, Esq. Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 RE: Changes Beauty Salon and Day Spa, Inc., vs. Tamara Legge Dear Attorney McGuire: Enclosed for service upon you is a Request for Production of Documents and Things to the Plaintiff and to Plaintiff's attorney of record in the above-referenced matter. Any questions, please advise.. Very truly yours, LAW W1,CE OF JOSEPH C. KORSAK JosQ6h C. Korsak JCK.jh Enclosures (3) cc: Jeffrey T. McGuire, Esq. Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 PAO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff, V. - TAMARA LEGGE, Defendant. No. 06-5448 CIVIL ACTION - EQUITY To: Valerie Lauren, CEO Changes Salon c/o J. McGuire, Esq. Caldwell & Kearns 3631 N. Front Street Harrisburg, Pa. 17110 Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff directs this Request for Production of Documents and Things to the Plaintiff and to Plaintiffs attorney of record, to be produced at 33 North Queen Street, York, PA, 17403, or forward true and correct copies, within thirty (30) days after the service of this request. 1. Instructions: 1. This Request for Documents and Things is to be read, interpreted and answered in accordance with these instructions and the definitions that are set forth hereinafter. 2. This Request relates to the period of time specifically set forth in ?t each request set forth below and refers to any and all documents that are within the possession, custody, or control of the Plaintiff, and its agents, employees, and, unless privileged, Plaintiffs attorney. 3. This Request is to be regarded as continuing in character so as to require an additional or supplementary response if further information as to the documents requested herein is obtained after the Plaintiffs response is served. Such additional or supplementary responses are to be served on Defendant no later than (30) days after such additional information is received, and in no event later than fifteen (15) days before trial or any relevant evidentiary hearing. 4. For the purposes of this Request, the term "document" or "documents" shall mean all printed, handwritten, typewritten, electronic, or otherwise recorded writings of any kind, including, but not limited to, all correspondence, affidavits, depositions, factual narratives, memoranda, notes, diaries, letters, telegrams, minutes, contracts, reports, studies, checks, statements, ledgers, working papers, receipts, returns, summaries, pamphlets, books, cards or permits, intra-office and inter-office communications, as well as notations of any sort either summarizing or recording conversations, interviews, telephone calls, meetings, or other communications, bulletins, printed matter, computer printouts, tapes, discs, data sheets or data processing cards, teletypes, telefax, invoices, worksheets, and all drafts, alterations, modifications, changes and amendments of any of the foregoing. 5. A document "relates to" or "concerns" a subject, person or organization if it refers to, has been made available to or in any other way relates to the subject, person or organization, either in whole or in part. A document called for in part is to be produced in its entirety without abbreviation or expurgation, including any amendments thereto, whether referred to in the document or otherwise. 6. The present tense includes the past and future tenses. The singular includes the plural and the plural includes the singular. "All" means "any and all"; "any" means "any and all"; "including" means "including but not limited to"; "each" means "each and every". II. Documents and Things Requested: 1. All documents relating to employment of Tamara Legge. 2. Personnel file for Tamara Legge 3. Time and attendance records for Tamara Legge, January 1, 2004, to termination. 4. All payroll records relating to Tamara Legge, January 1, 2004, through termination. 5. All correspondence between any representative of Plaintiff with Defendant, January 1, 2004, or later. 6. All documents presented to Defendant for signature on February 4, 2004. 7. All documents relating to the enforcement of the covenant at issue with any signatory of same from January 1, 2000, through the current time. 8. All documents relating to any damages you claim to have suffered as a result of Defendant's alleged conduct. 9. All telephone records, January 1, 2004, through Defendant's termination. 10. All statements obtained by you relating to Defendant's alleged conduct. Date: /10 (D By: Josep orsak, Esquire osep]KM3 3 orli Queen Street Y , PA 17403 ( 17) 854-3175 I.D. No. 22233 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document, was served by first-class mail, postage prepaid, upon the following: J. McGuire, Esq. Caldwell & Kearns 3631 N. Front Street Harrisburg, Pa. 17110 Date: D o 0i By: j`ose C. Korsak, Esquire orth Queen Street York, PA 17403 (717) 854-3175 I.D. No. 22233 Page 1 of 1 Law office of Joseph C. Korsak From: Law Office of Joseph Korsak Ukorsak@blazenet.net] Sent: Thursday, October 26, 2006 2:47 PM To: 'jmcguire@caldwelikearns.com' Subjec : Legge The disc Very is now due. You told me on the 6th that you would get back to me with your client's intention . Can you tell me what your client is planning to do? Joe K LAW CFFI OF )OSEPH C. KORSAK 33 N, str"c 00!t York, Pau rsr" 17403 Notice: T is email transmission, including any attachments, may contain confidential information protected by the attorney- ient or other legal privilege. Unauthorized use, distribution or copying is prohibited. If you received this email in a or, please notify the sender by replying to this email or by calling the Law Office of Joseph C. Korsak at 717.854.3 5 and deleting the erroneous transmission from your system without copying it. Thank You. PURSUA ("CIRCU: NOT INT BE IMPC IV? INVEST ADVISE) CANNOT' TAXPAYI TRANSA( SHOULD INDEPEN 10/26/2 TO FEDERAL REGULATIONS IMPOSED ON PRACTITIONERS WHO RENDER TAX ADVICE R 230"), WE ARE REQUIRED TO ADVISE YOU THAT ANY TAX ADVICE CONTAINED HEREIN IS DED OR WRITTEN TO BE USED FOR THE PURPOSE OF AVOIDING TAX PENALTIES THAT MAY D BY THE INTERNAL REVENUE SERVICE. IF THIS ADVICE IS OR IS INTENDED TO BE USED OR TO IN PROMOTING, MARKETING OR RECOMMENDING A PARTNERSHIP OR OTHER ENTITY, NT PLAN OR ARRANGEMENT, THE REGULATIONS UNDER CIRCULAR 230 REQUIRE THAT WE )U AS FOLLOWS: (1) THIS WRITING IS NOT INTENDED OR WRITTEN TO BE USED, AND IT E USED, FOR THE PURPOSE OF AVOIDING TAX PENALTIES THAT MAY BE IMPOSED ON A .; (2) THE ADVICE WAS WRITTEN TO SUPPORT THE PROMOTION OR MARKETING OF THE ION(S) OR MATTER(S) ADDRESSED BY THE WRITTEN ADVICE; AND (3) THE TAXPAYER ?EK ADVICE BASED ON THE TAXPAYER'S PARTICULAR CIRCUMSTANCES FROM AN ?NT TAX ADVISOR. VERIFICATION The undersigned verifies that the statements made in the foregoing instrument which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorney, who advises me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understood that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorney on his advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsifications to authorities. Date: ?¢ ?' d C-/j 640 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Motion to Compel Discovery was served by first-class mail, postage prepaid, upon the following: Jeffrey McGuire, Esq. Caldwell & Kearns 3631 North Front Street Harrisburg, Pa. 17110 Date: 10/29/06 By: F854 Korsak, Esquire Queen Street 17403 -3175 ?"' r_:? ? <?-.? .-??- _`??.. T ? -'?C:-` ;_ ?. ; r `-?t.1? ti. `.j } . .. .,?.?.; 'ice ? ; '_ - ?,,,, _? ` '0 'u'i r :.•, .rte ??_ y ?'? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHANGES BEAUTY SALON AND No. 06-5448 DAY SPA, INC., Plaintiff, V. TAMARA LEGGE, Defendant. CIVIL ACTION - EQUITY ORDER AND NOW, this 3 "4 day of November, 2006, the Defendant is directed to to Defendant's First Request for Production. the Court, J. ?a ,,rr'"1 ?, ? . , ; ? r ?,'? ?,,, , ?, ?n? J p??`iti.. s t ??r: _ r , i t _ W. L 1116 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff, V. TAMARA LEGGE, Defendant. No. 06-5448 CIVIL ACTION - ORDER Q'f? AND NOW this V day of November, 2006, the Plaintiff 's directed to respond to Defendant's First Request for Production within twenty (20) d ys of service hereof. CZ U t1 CS :? '",1 9- 11,0t'l9?0Z ff (t t I? Y CALDWELL & KEARNS 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 Telephone Number: (717) 232-7661 Fax Number: (717) 232-2766 thefirm(abcaldwellkearns.com Attorneys for Plaintiff CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff, V. TAMARA LEGGE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 06-5448 CIVIL ACTION - EQUITY PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, TAMARA LEGGE AND NOW comes the Plaintiff, Changes Beauty Salon and Day Spa, Inc., by and through their attorneys, Caldwell & Kearns, files their Reply to New Matter of Defendant and Reply to Counterclaim, and, in support thereof, respectfully represents the following: Paragraphs 1 through 26 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 27. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to PA. R.C.P. 1029 (e). 28. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to PA. R.C.P. 1029 (e). 29. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to PA. R.C.P. 1029 (e). 30. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to PA. R.C.P. 1029 (e). 31. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to PA. R.C.P. 1029 (e). 32. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to PA. R.C.P. 1029 (e). 33. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to PA. R.C.P. 1029 (e). 34. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to PA. R.C.P. 1029 (e). WHEREFORE, the Plaintiff respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of law. PLAINTIFF CHANGES BEAUTY SALON AND DAY SPA, INC.'S REPLY TO COUNTERCLAIM 35. Admitted. 36. Denied. 37. Denied. 38. Denied as stated. It is admitted that the Counterclaim Plaintiff signed the restrictive covenant. 39. Denied. 40. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to PA. R.C.P. 1029 (e). 41. Denied. 42. Denied. 43. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to PA. R.C.P. 1029 (e). 44. Denied. WHEREFORE, Plaintiff Changes Beauty Salon and Day Spa, Inc. respectfully requests that the Counterclaim be dismissed and judgment entered in favor of Plaintiff Changes Beauty Salon and Day Spa, Inc. as a matter of law. Respectfully submitted, CAU /ELL & KEARNS Dated: 11 /3 a? By: Je?f? T/. McGuire, Esquire A ne y I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (phone) (717) 232-2766 (fax) VERIFICATION I, Jeffrey T. McGuire, Esquire, Attorney for Plaintiff, Changes Beaty Salon and Day Spa, Inc., who is authorized to make this Verification on Plaintiff's behalf, verify that the information contained in the foregoing document is true and correct to the best of my information, knowledge and belief.. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: / Alk G 81472 ti 4 CALDWELL & KEARNS 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 Telephone Number: (717) 232-7661 Fax Number: (717) 232-2766 thefirm(d)caldwelikearns.com Attorneys for Plaintiff CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TAMARA LEGGE, Defendant. : No. 06-5448 : CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE AND NOW, this eof, 2006, 1 hereby certify that a copy of the foregoing Plaintiffs Reply to New Matter of Defendant and Reply to Counterclaim has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid: Joseph C. Korsak, Esquire 33 North Queen Street York, PA 17403 Respectfully submitted, CALDW ELL,&'R'EARNS By: JoVe . McGuire, Esquire Atto ney I.D. #73617 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 Attorneys for Plaintiff 108366 C? ?"?"? i? ? 4 y y _ _[.2 ?.. .mom ...*^ ?.? SHERIFF'S RETURN - REGULAR CASE NO: 2006-05448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHANGES BEAUTY SALON AND DAY VS LEGGE TAMARA KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE LEGGE TAMARA was served upon the DEFENDANT at 1525:00 HOURS, on the 20th day of September, 2006 at SASS SALON AND DAY SPA 4931 CARLISLE PIKE MECHANICSBURG, PA 17050 by handing to BRIAN VERTRICK, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 11.44 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 39.44/ 09/21/2006 Je /b 4106 (;, CALDWELL & KEARNS Sworn and Subscibed to By: before me this day of A. D. CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff TAMARA LEGGE, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-5448 : CIVIL ACTION - EQUITY PRAECIPE FOR WITHDRAWAL OF APPEARANCE Kindly withdraw my Appearance as Atty for the above-listed Plaintiff. J e McGuire, Esquire- Id e & Kearns ttorn y I.D. #73617 3631 North Front Street Harrisburg, PA 17110-1533 PRAECIPE TO ENTER APPEARANCE Kindly enter my Appearance as Attorney for the above-listed Plaintiff. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: ui J?preme n R. Fenstermacher ??SL Court I.D. #29940 15 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 DATED: Attorney for Plaintiff rti = - f-in r 4l .F:= co CHANGES BEAUTY SALON AND DAY SPA, INC., Plaintiff TAMARA LEGGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-5448 CIVIL ACTION - EQUITY PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Kindly mark the matter SETTLED and DISCONTINUED. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. e By: John R. Fenstermacher Supreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 DATED: 6ler vl00 Attorney for Plaintiff 9 ? a d Jr R