HomeMy WebLinkAbout02-2615
GOLDBERG, KATZMAN ,. SffiPMAN, p.e.
John DeLorenzo. Esquire l.D. #72190
Attorneys for Plaintiff
320 Market Street
Strawberry Square
P.O, Box 1268
Harrisburg, PA 17108-1268
(717)234-4161
CUSTOM PATIO ROOMS OF
CENTRAL PA, INC"
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - EQUITY
~NO, O;;J -J~IS ~~1-7
JOHNT, WALKER,
Defendant
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 HA VB 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 BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 249-3166
GOLDBERG, KATZMAN & SHIPMAN, p.e.
John DeLorenzo, Esquire I.D, #72190
Attorneys for Plaintiff
320 Markel StreeI
Strawbeny Square
P,O, Box 1268
Harrisburg. PA 17108-1268
(717) 234-4161
CUSTOM PATIO ROOMS OF
CENTRAL PA, INC.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - EQUITY
: NO,
JOHN T. WALKER,
Defendant
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por
abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en
contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y
por cualquier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para
usted,
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL,
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
GOLDBERG. KATZMAN'" SHIPMAN, P.C.
101m DeLoreazo, Eoquiro 1.0,1172190
AUomeyB far PIaimiff
320 Mubt Slreol
Strawberry Square
P.O. Box 1268
Hanisburg. PA 17108-1268
(717) 234-4161
CUSTOM PATIO ROOMS OF
CENTRAL PA, INC.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: CIVIL ACTION - EQUITY
: NO. O;)~ ,2{, )~
JOHN T. WALKER,
Defendant
COMPLAINT
Plaintiff Custom Patio Rooms of Central P A, Jnc, ("Custom Patio"), by and through its
attorneys, Goldberg, Katzman & Shipman, P.C" allege the following in support of this
Complaint:
1, Plaintiff is a Pennsylvania corporation with a principal place of business at 4609
Gettysburg Road, Mechanicsburg, PA 17055,
2, Custom Patio is in the business of selling and installing patio rooms throughout
Pennsylvania,
3, Defendant, Johnny T. Walker ("Walker") is an adult individual with an address at,
the time of his employment with the Plaintiff, ofDulles Drive West, Apartment H-5, Camp Hill,
PA 17011.
4. It is believed and therefore averred that at the time Walker left the employment
with the Plaintiff and committed the acts herein enunciated, the Defendant lived at the above
address.
S. Defendant is also known as and goes by the name of Johnny T. Walker.
6. It is believed and therefore averred that Defendant currently has an address of
4229 East Williamsburg Drive, Harrisburg, P A 17109,
7. Walker became employed by Custom Patio on February 12, 2001 pursuant to the
terms of an Employment Agreement (the "Employment Agreement" or "Agreement") which is
attached hereto as Exhibit A.
g, Upon his hire, Custom Patio officer, Robert Black, discussed the company's
policies and procedures related to Walker's employment along with the Agreement.
9. Mr. Black presented the Employment Agreement along with the company's
policies and procedures to Walker and gave Walker an opportunity to review the same,
10. Mr. Black answered questions and discussed the contents of the Agreement with
Walker.
11, Mr. Black gave Walker an opportunity to have the Agreement reviewed by an
attorney. Walker declined to have an attorney review the Agreement,
12, After his review, Walker executed the signature page as attached to Exhibit A
acknowledging the receipt of the policies and procedures and agreed to the Employment
Agreement.
13. Section 6 of that Agreement reads:
2
6. Restrictive Covenants. During the tenn of this Agreement and without
regard to its termination for any reason which does not constitute a breach of this
Agreement by Employer, and for an additional period of one (1) year thereafter
(the "Noncompete Period"), Employee shall not:
A Agreement Not To Compete. Directly or indirectly own, manage, operate,
finance, join, contro~ or participate in the ownership, management, operation,
financing, or control of, or be connected as an officer, director, employee, partner,
principal, agent, representative, consultant or otherwise with, or use or permit
Employee's name to be used in connection with any business or endeavor similar
to, or competitive with, or in conflict with that conducted by the Employer at the
time of the Employee's tennination,
B. Non-Solicitation, Directly or indirectly solicit, divert, or take away, or attempt to
divert or take away any of Employer's customers, or seek to stop any customer
from doing business with Employer or assisting any other person, employee,
corporation, partnership or e~tity from doing so. This restriction shall apply to all
customers with which Employer did business at any time during the term of the
Employee's employment.
D. Nondisclosure, (i) Directly or indirectly use, divulge, or disclose any confidential
infonnation or trade secrets of the Employer or divulge the source ofits suppliers
or its customers to any person, firm, corporation, association, or other entity for
any reason for any purpose whatsoever;
(ii) Upon termination of Employee's employment pursuant to this Agreement, the
Employee shall return to the Employer all price lists, customer lists, customer files,
card files, writings, or other confidential infonnation or trade secrets or parts
thereof and all documents, things and copies thereof produced by the Employer; it
being expressly understood and agreed by the parties hereto that the same and all
copies thereof are and shall forever remain the sole and exclusive property of the
Employer.
14. The Employment Agreement was ancillary to Walker's employment and supported by
adequate consideration, in that it was executed at the start of Walker's employment,
15, On April 23, 2002, Walker resigned from his employment with Custom Patio effective
April 23, 2002.
3
16. Up to that point, Walker had been performing the duties of salesperson and was in charge
of direct marketing and telemarketing and coordinated the scheduling of all outside sales
appointments and directed the operations of all telemarketers for Custom Patio in the
Central Pennsylvania and Baltimore areas.
17, Upon his resignation, he represented that he was not going to work in a related business,
18. In reality, and contrary to his representations, Walker, immediately went to work for a
direct competitor of Custom Patio, BetterLiving Patio Rooms of Central PA
("BetterLiving") in Lewisberry, Pennsylvania.
19. BetterLiving has an office address of516 Industrial Road, Lewisberry, PA.
20. BetterLiving is a direct competitor of Custom Patio as they sell and instal similar products
and its business geographic territory substantially overlaps that of Custom Patio.
21. It is believed and therefore averred that Walker's job duties at BetterLiving are similar to
those that he had at Custom Patio,
22. It is believed and therefore averred that upon leaving Custom Patio, Walker proceeded to
solicit Custom Patio's customers.
23, It is believed, and therefore averred, that Walker is using Custom Patio's sales and
marketing methods, learned and developed at Custom Patio, and pricing structures,
learned at Custom Patio, as business practices at BetterLiving.
24. It is believed, and therefore averred, that Walker wrongfully appropriated and converted
custom lists, contact information, and trade secrets developed by and belonging to Custom
Patio.
4
25. Walker's knowledge of Custom Patio's pricing structures places BetterLiving at a
competitive advantage over Custom Patio when it competes for Custom Patio's customers
because Walker knows how to underbid Custom Patio for work.
26. Such conduct is in direct contravention with the restrictive covenants contained in Section
6 of the Employment Agreement.
27. Walker's continuing course of conduct in soliciting and taking Custom Patio's customers,
which Custom Patio has developed and nurtured for several years, constitutes irreparable
harm.
28. Custom Patio may lose its customers and business as the result of Walker's conduct which
clearly breaches the restrictive covenants of his Employment Agreement.
29. Section 7 of the Agreement reads:
The Employee acknowledges and agrees that the Employer's right under
the Agreement are specialized and unique in character and that any violation of the.
terms made in Section 6 of the Agreement would case (sic) substantial and
irreparable injury to the Employer, Notwithstanding any election by the Employer
to claim damages from the Employee as a result of the Employee individually, or
doing a business as a partnership, corporation, or in any other form, the Employer
may jointly and severally enjoin the Employee from any breach or threatened
breach thereof in addition to, but not in the limitation of, any of the rights or
remedies to which the Employer is or may be entitled to at law or in equity or
under this Agreement or any agreement related thereto, The Employee hereby
agrees that in the event he violates the provisions of this Section, the noncompete
period shall be extended by that number of days which equal to aggregate days
during which any such violation occurred,
30. The breach of the above covenants constitutes irreparable injury to the Plaintiff and there
is no adequate remedy at law, thus entitling Plaintiff to a preliminary injunction and
permanent injunction restraining Walker from engaging in the activities described above.
5
31. Entering an injunction will maintain the status quo and the damage suffered by Custom
"
Patio will be less with the injunction than if Walker is permitted to continue his course of
blatant disregard for the terms of his Employment Agreement.
32. In accordance with Section 7 of the Agreement, Custom Patio requests that the restrictive
covenants agreed to by Walker be extended to cover the period oftime which he was in
breach thereof.
33. Custom Patio also demands that the court enter judgment in favor of Plaintiff, and against
Defendant, in an amount which represents the business that Custom Patio has lost as a
result of Defendant's breach of his Employment Agreement, which amount is in excess of
$25,000,00, the arbitration limit in Cumberland County,
WHEREFORE, Plaintiff, Custom Patio, demands the following:
a, A preliminary and permanent injunction be entered by the court restraining
Defendant now, and for the remainder of the restricted period, from taking any measures to
compete with Plaintiff, or in any way use or benefit from the information Defendant learned or
developed while employed by Custom Patio; and
b. The court enter judgment against Defendant commensurate with the amount of
business Defendant cost Plaintiff due to his illegal breach of the Employment Agreement; and
c. Reimbursement to Plaintiff of all costs and fees associated with enforcing the
Employment Agreement; and
d. Punitive award for the Defendant's tortuous conduct, including but not limited to
reasonable attorneys' fees; and
6
e. Extend the period of the restrictive covenant in accordance with Section 7 of the
Employment Agreement for the period of time that Walker was in breach thereof; and
f. Walker be ordered to return all information which he took from Plaintiff upon his
tennination of employment, including, but not limited to, customer lists, sales records, contact
information, and any other records of Custom Patio's which he took with him to his employment
at BetterLiving; and
g, Walker be enjoined from further utilization of the confidential and illegally
obtained information; and
h. Whatever other remedy this court deems just and proper.
Respectfully submitted:
GOLDBERG, KATZMAN & SHIPMAN, P.C.
~~ "L-
By:
Jo DeLorenzo, Esquire
Attorney 1.0. # 72190
320 Market Street, Strawberry Square
P,O, Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Dated: 51.~~t o~
Attorneys for Plaintiff
7
Exhibit "A"
05/07/2002 11:01
7179759292
CUSTOM:PATIO CENTRAL
PAGE 02
EMPLOYMENT AGREEMENT
ITHIS AGREEMENT is made and entered into as of ~1212001 by and between Cuatom Patio
m. of Central P.., a Pennsylvania corporation. with ifs principle offices at 4609 Gettysburg Rd.
haniesburg, Pennsylvania 17055 (" Employee "), and JOHN T WALKm.and individual residing at
N T PA RA PA 17 38 (" employee").
\ WITNESSETH:
1 WHEREAS, Employer desires to employ ~ and Employee deaires to be """,Ioyed by
E ~ loyer as a Salesperson, subject to the general supervision of Employer; and
!! WHEREAS, in connection with his employment here under, Employee will acquire extensive
co I dential information pertaining to the business and operations of Employer, and will be given an
op rtunity to participate in the relationships between the employer and its customers, which
rei 'onships constitute a valuable asset of the Employer's business.
NOW. THEREFORE, in consideration of the mutual covenants contained herein, and
ing to be legally bound, Employer and employee agrees as follows:
1. At-Will EmDlovrnent. Employer hereby employs Employee as an Installer and
E loyee hereby accepts such employment and agrees to perform Employee', duties and
res nsibilities thereunder in accordance with the terms and conditions hereinafter set forth. Employee
a owIedges that he is an at will employee and as such Employee may terminate his employment
wit Employer at any time and/or Employer may terminate Employee's employment at any time with or
wi out cause.
I 2. Dutiee. Employee shall perform all duties and accept all responsibilities as assigned
by mployer from time to time, which duties may be changed at any time at Employer's sole discretion.
E loyee shall devote his entire time and use his best effort to the performance of his duties
th' under, it being understood and agreed between the parties that Employee's employment is
full time employment.
3. Com_naaUo" ancllllDllUL In consideration of the services to be rendered by
E loyee and for so long as Employee is employed thereunder, Employer shall pay to Employee in
th manner and conditions set forth and conditions are as fOllOWS: a rate of S500.0Q PER WK per
ho r to be paid in accourdance with company payment achedule, with one and half the hourly rate for
ov r time paid after 40 hours. Holidays are considered non overtime hours. Employer will also make
av ilable to employee all medical, dental vision, life insurance, Sep investment account and when
e loyee becomes eligible.
.. Te"" of ~Iovment. The term of employment shall commence as of the Effective
and shall continue indefinitely, except as otherwise provided by this Agreement.
\1
II
:1
i!
i\
'i
.i
Ii
1
I
05/07/2002 13:08 7179759292 CUSTOM:PATIO CENTRAL PAGE 01
\1 ~ 5.Tennination of ElIIDlovrnent.
II A. ~ Employee's employment and this Agreement shall terminate immediately
up+n Employee's death during the term of this Agreement, in which case Employee's estate shall be
pa' an amount equal to any earned but unpaid wages.
ii
.'
~. B. Tennlnation fpr anv o~..on. Employer or Employee may terminate the
e '" loyment relationship created thereunder for any reason, with or without cause, by giving written
n ce to the other party (the "Termination Notice") at the address set forth herein.
I: 8. ~trlctlve Covenants. During the term of this Agreement and without regard to its
terl1ination for any reason which does not constitute a breach of this Agreement by Employer, and for
an ~dditional period of one (1) year thereafter (the "Noncompete Period"), Employee shall not:
~ I
:1 A. Aa""""ent Not To ComD.... Directly or indirectly own, manage, operate,
finilnce join, control, or participate in the ownership, management, operation, financing. or control of,
or ~ connected as an officer, director, employee, partner, principal, agent, representative, consultant
or ttherwise with, or use or permit Employee's name to be used in connection with any business or
en.eavor similar to, or competitive with, or in conflict with that conducted by the Employer at the time
of te Employee's termination.
,i B. Non-80Ucltlltlon. Directly or indirectly solicit, divert, or take away, or attempt to
div",rt or take away any of Employer's customers, or seek to stop any customer from doing business
wi~ Employer or assisting any other person, employee. corporation, partnership or entity from doing
SO';I: This restriction shall apply to all customers with which Employer did business at any time during
th. term of Employee's employment.
,I C. Non-Hirlna. Directly or indirectly solicit any employee of the Employer to
tenhinate his or her employment or association with the Employer and become employed by Employee
or tny other person or entity in substantially the same or similar business as that engaged in by the
E""loyer.
1 D. nondlsclo.u.... (i) Directly or indirectly use, divulge, or disclose any confidential
inf.rmation or trade secrets of the Employer or divulge the source of its suppliers or its customers to
any person, firm, corporation, association, or other entity for any reason for any purpose whatsoever;
! (ii) Upon termination of Employee's employment pursuant to this Agreement,
th~1 Employee shall return to the Employer all price lists, customer lists, customer
fil.. card files. writings, or other confidential information or trade secrets or parts thereof and all
d~uments, things, and copies thereof produced by the Employer; it being expressly understood and
ag~ by the parties hereto that the same and all copies thereof are and shall forever remaIn the sole
anf exclusive property of the Employer.
. (iii) Employee shall at all times take all precautions necessary to protect from
I~ or disclosure by him or any and all documents or other information containing, referring to. or
rel_ting to such confidential information and trade secrets.
z
05/07/2002 11:01
71 79759292
CUSTOM:PATIO CENTRAL
PAGE 03
j! ,
til . (iv) For purpose of this Agreement "Confidential Information" means any
in rmation relating in any way to the business of the Employer disclosed to or known to the Employee
as consequence of. result of, or through the Employee's employment by the Employer which consists
of nieal and nontechnical information about the Employer's products. processes, programs.
CO$;Pt&. forms. business methods. data, any and all financing and accounting dllta. marketing.
cu omers, customer lists, and services and information corresponding thereto acquired by the
E loyee during the term of the Employee's employment. Confidential Information shall not include
an~: of such items which are published or are otherwise part of the public domein, or freely available
frOtfl trade sources or otherwise.
;!
,: E. Advice of CounHl. The Employee acknowledges and agrees. after opportunity
to +ek advice of counsel, that the duration, scope. territory and business limitations of the foregoing
prol\fisions are reasonable, necessary and fully enforceable. Employee represents to the Employer
th=' notwithstanding the provisions of this Section 6, by virtue of her education, training and
e rience, she will be able to obtain suitable employment in another business, for purposes of
ea I ing a livelihood. without in any manner violating the restrictive provisions of this Section 6.
: 7. Unlaue Nature of Aareement. The Employee acknowledges and agrees that the
E~, loyer's rights under this Agreement are specialized and unique in character and that any violation
of ,e terms made in Section 6 of the Agreement would case substantial and irreparable injury to the
E loyer. Notwithstanding any election by the Employer to claim damage& from the Employee as a
res~lt of the Employee individually, or doing a business as a partnership, corporation. or in any other
form, the Employer may jointly and severally enjoin the Employee from any breach or threatened
br:~' h thereof in addition to, but not in the limitation of, any of the rights or remedies to which the
E loyer is or may be entitled to at law or in equity or under this Agreement or any agreement related
the, to. The Employee hereby agrees that in the event he violates the provisions of this Section. the
nOrfompete period shall be extended by that number of days which equal the aggregate days during
wh~ any such violation occurred.
"
!!
" 8. Prior EmDloyment. Employee warrants and represents to the Employer that
Employee's performance of the terms of this Agreement and the performance of Employee's duties
the~under do not and will not breach any agreement between Employee and any prior employer or
oth,,", person or entity for whom Employee performed services. Employee further represents and
WBfsnts that Employee has not brought and will not bring to the Employer or use in the performance of
Erytloyee's duties any materials. documents, technical data, marketing data or other information of a
Pri;t1 mployer or other person or entity for whom Employee performed services. unless Employee has
la lIy obtained permission to do same under an assignment, license or other valid written
ag ment.
I
9. Sever abllltv. The covenants. provisions and sections of this Agreement are
se.rable. and in the event that any portion of this Agreement is held to be unlawful or unenforceable,
the i_me will not affect any other portion of this Agreement. and the remaining terms and conditions or
:t' .ons thereof will remain in full force and effect. This Agreement will be construed in such case as if
su unlawful or unenforceable portion had never been contained in this Agreement, in order to
" uate the intentions of the Employer and Employee in executing this Agreement.
:!
:1
.I
05/07/2002 11:01
I ,
, I .
~ 10.~ In furtheranee and not in limitation of the foregoing, should any
du 'on or geographical restriction on business activities covered under this Agreement or any other
p ision of this Agreement be found by any court of competent jurisdiction to be less than fully
en rceable due to its breadth or restrictiveness or otherwise, Employee and the Employer intend that
su court will enforce this Agreement to the full extent the court may find permi18ible by construing
su provisions to cover only that duration, extent or activity which may be enforceable. The Employer
an Employee acknowledge the uncertainty of the law in this respect and intend that this Agreement
wil ,be given the construction that renders its provisions valid and enforceable to the maximum extent
pe itted by law.
71 7'375'32'32
CUSTOM:PATIO CENTRAL
PAGE 04
. .
11. ..lace.laneoU8.
A. No Waive,. The failure of either the Employer or Employee to object to any
uct or violation of any of the covenants made by the other under this Agreement will not be
d med a waiver of any rights or remedies. No waiver of any right or remedy arising under this
Ag ment will be valid unless set forth in an appropriate writing signed by both the Employer and
E loyee.
11
II
I B. Aulanment and Survival. This Agreement is binding upon the Employer and
E loyee and their respective heirs, personal representatives, successors and assigns. The
ob gations of Sections 5 and 8 of this Agreement will survive the termination of this Agreement. The
se ices to be rendered by Employee to Employer under this Agreement are personal in nature, and
t ore, Employee may not assign or delegate Employee's duties or
ob ations under this Agreement without the prior written consent of the Employer. Employer may
as ign its rights under this Agreement by providing written notice of such assignment to Employee.
C. Governlna Law. This Agreement will be governed by and conatrued in
rdance with the laws of the Comnonwealth of Pennsylvania, Employee acknowledges the
ictlon of the State and Federal Courts located in Pittsburgh, Pennsylvania.
I
:1 D. ,No OrallllodlficatioM. No alterations, amendments, changes or additions to this
AgFment will be binding upon either the Employer or Employee unless reduced to writing and signed
by oth the Employer and Employee.
!
;.
:: E. !lotlcea. All notices under this Agreement shall be sent and deemed duly given
~n posted in the United States first-class mail, postage prepaid to the addresses supplied in writing
for uch purposed by the Employee and the Employer. These addresses may be changed from time to
ti by written notice to the appropriate party.
I
II F. ~ The section headings of this Agreement are for convenience of
re nee only and shall not a1fect the construction or interpretation of any of the provisions hereof.
I
i G. EntiN Aa....m.nt. This Agreement constitutes the entire understanding between
th Employer and Employee and supersedes all prior oral or written communications, propouls,
re esentations, warranties. covenants, understandings or agreements between the Employer and
E loyee relating to the subject matter of this Agreement.
05/07/2002 11:01 7179759292
CUSTOM:PATIO CENTRAL
PAGE 05
UNDERSTANDING AND AGREEMENT
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and
seals this_12_day of_Febuary ,2001
I _John Walker_(print), employee, have read and lDlderstand the contents,
policies and procedures described in this manual.
CUSTOM PATIO ROOMS of Central Pa.
By:9/~
ATTEST:
Title: ?R.i"S/i'VN 7'.
EMPLOYEE:
;'7"~
WITNESS:
r"..._....l_t... "'^^' "-____ ...........:. 'ft......_.. "" "'-~, n...
i
05/29/2002 10:21
~'t' ,23.2002
71 79759292
1 : 40f'M G,'X..DBERG f(H I ,MI-lN
CUSTOM:PATIO CENTRAL
,PAGE '1211
1__"
,'V.,=,..c.o
VEJUJ'lCAnON
I, Robert BlICk, veritY that 1 am ID authorized reprelllfttatiw of Cuftom Patio J\oonu of
Ceatral P A. IJI~. and tbe& I haw rad the fore8ol11l Complaint and -.by af!m1 that it ill we and
comet to tho bcJt ofmy penonal bowledp. Dr IDfbrmatiOI1 or beJief. Tbis Veri&atiOft and
swemllllt is made RbjeGt to die pCD<iet of' 18 Pa. C.S, 44904 re1atiq to UJ28WDm tWai!catiOD to
authorities.
9Jj~
Robert Black:
8
"'>- c>
~ (~''-
~~f. :0', ~\
f~' ,- ('",,' ;~"l~_'~
. ;:.' ,--' ' ' I i ~.1
;~; ~ ;.'1-
;l.I_ ::--~! :5
o C,) 0
~~
~~
,r=s:.-
() ~ '
~ ~ ~
~UJ.~
~ ~
~~
~ ~
~ ~
~t
GOLDBKIlG. JCA,TZMAN .. SBII'MAN. P.Co
Jolin J)eLonDZO, Esquire I,D. #72190
A1tor\IeYI for
320 MarUI S\teCIl
SlJawbony Square
P.O. Box 1268
HarriIbur& PA 17108-1268
(717) 234-4161
CUSTOM PATIO ROOMS OF
CENTRAL P A, INC..
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: Crvn.. ACTION - EQUITY
: NO. 02-2615 Equity Term
JOHN T, WALKER.
Defendant
MOTION FOR PRELlMIl"'lARY INJUNCTION
Plaintiff, by its undersigned attorneys, hereby move the Court, pursuant to
Pa.R,C.P. 1531, for a preliminary injunction as set forth in the attached proposed
Rule to Show Cause. In support of its motion, Plaintiff incorporates herein by reference its
Complaint in Equity, as verified by Robert Black.
Plaintiff will suffer immediate, substantial and irreparable hann for the wrongful
conduct of the Defendants, Greater hann will be caused by the denial of relief requested by
Plaintiff then the granting thereof. Further, the Plaintiff has no adequate remedy at law,
WHEREFORE, Plaintiff requests this court to enter an order in the form attached
hereto.
Respectfully submitted:
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By Jllmre
~rneYI.D, # 72190
320 Market Street, Strawberry Square
P.O, Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Dated: 5'(30 { 01... Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon
all parties or counsel of record by private, overnight delivery to the following:
John T. Walker
4229 East Williamsburg Drive
Harrisburg. P A 17109
BYd-~
hn DeLorenzo, Esquire
(')
c
<~
-0[-:
!'TII'
-/ ....,
.L- ,".
_. '" ,........'-
..;'- '...
(/) ,~
-<. /
r'-c..-i
<::
>1-.,
zC
:;2
z
::)
,
I'
7~
:~ :...
-~
'''''>
.-0
:1k
:..oJ
'--I
...1
~
-<.
(....J
CUSTOM PATIO ROOMS OF
CENTRAL PA, INC.,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 01-2615 Equity
JOHN T. WALKER,
Defendant.
PROOF OF SERVICE
I, Robert A. Dash, being duly sworn according to law, depose and state that service of a
copy of the Complaint, a copy of which is attached, was made on Mary Walker, wife of the
Defendant, at their residence of 4229 E, Williamsburg Drive, Harrisburg, PA 17109, by handing a
copy ofthe same to her on May 31, 2002,
I verifY that the statements made in this Proof of Service are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa,C.S, ~4904,
relating to unsworn falsification to authorities,
~~~
Robert A. Dash
g <::) ,,~
N
~ ~ :1
-o~ rn~
l~ 0 :g~
S
~O .." --....:t\
~8 :Jt 6~
z:
~c: ~ ~
~ ,0 ~
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CUSTOM PATIO ROOMS OF CENTRAL P A., INC.,
Plaintiff
No. 02-2615 Equity Term
vs.
CIVIL ACTION - EQUITY
JOHN T. WALKER,
Defendant
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the above-named Defendant, John T. Walker.
STOCK AND LEADER
BY~
Michael W. King, Esquire
I.D. #23934
35 South Duke Street
P.O, Box 5167
York, PA 17405-5167
Telephone: (717) 846-9800
Fax: (717) 843-6134
.
Attorney for Defendant
Dated: June 7, 2002
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CUSTOM PATIO ROOMS OF CENTRAL PA., INC.,
Plaintiff
No. 02-2615 Equity Term
vs,
CIVIL ACTION - EQUITY
JOHN T. WALKER,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this ih day of June, 2002, I, Michael W. King, Esquire, of the law firm of
Stock and Leader, attorneys for Defendant, John T, Walker, hereby certify that I served the
within Entry of Appearance this day by depositing the same in the United States mail, postage
prepaid, in York, Pennsylvania, addressed to:
John DeLorenzo, Esquire
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
Strawberry Square
P,O, Box 1268
Harrisburg, P A 17108-1268
STOCK AND LEADER
By;1N'
Michael W. ing, Esquire
I.D. #23934
35 South Duke Street
P,O. Box 5167
York, PA 17405-5167
Telephone: (717) 846-9800
Fax: (717) 843-6134
Attorney for Defendant
.
~ <::) 0
N .."
c.... :?
~~ c=
Z -'-::0
~~~
~.~ <::) :0
0
;<C-, -0 ::;::1...
~8 :x 6:!J
>c: ~ 5~
~ :;-I
:::> ~
.t::""
..'
,"
CUSTOM PATIO ROOMS OF
CENTRAL PA, INC.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - EQUITY
: NO. 02-2615 Equity Term
JOHN T. WALKER,
Defendant
ORDER
Upon consideration ofPlaintifrs Motion for Preliminary Injunction and, documents
incorporated therein, it is hereby ordered this /tr-e:l, day of U~AJ L ,2002, that:
I. A rule is issued upon Defendant to show cause why the Plaintiff is not
entitled to the relief requested;
2. The Defendant shall appear at a hearing on the / ~y of V~A' L
2002, at/:tJO PM. in courtroom S in Carlisle, Pennsylvania at which time the
Defendant shall show cause why a Preliminary Injunction Order should not issue;
3.
Pending the hearing stated in paragraph 2 above, Defendant is hereby ordered
to cease and desist from further violations of the restrictive covenants contained in the
~
Employment Agreement attached to the Complaint and described therein,
~WA~ E. Cl'dd
/
J.
tJelORe. J 2. 0
I
\
IfIMiA7ASNN3d
J.J.NnOO ONif7I:B8Wno
Os :/HJV f I Nnr ZO
J..Wl0NOH10b'cJ ~N-I.L :10
301i.-/0-CB71:1
-
,
'.
",
r
.-
CUSTOM PATIO ROOMS OF
CENTRAL P A. INC.,
Plaintiff
v.
JOHN T, WALKER,
Defendant
.IUN 0 32002
Ov
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - EQUITY
: NO, 02-2615 Equity Term.
ORDER
Having considered Plaintifr s Motion for Preliminary Injunction it is hereby ordered this
_ day of
follows:
. 2002 that Plaintitrs Motion is GRANTED as
a. A preliminary injunction is entered enjoining Defendant from competing for a total
of one (1) year;
b. Defendant is ordered to pay Plaintiff the fees and costs incurred enforcing the
provisions of the Employment Agreement;
c. Defendants is ordered to account for all monies collected from customers who
were formerly customers of the Plaintiff and who became customers of his new employer and to
pay same amount to the Plaintiff;,
By the Court:
1.
"
GOLDB&IlG, KATZMAN 41: SIIIPMAN, P.c.
Jabn DeLonnzo, /!aquire I,D. #72190
AIIomeyw for
320 Market Slroet
Slrawbony s.,.-
P.O. Box 1268
Harrisburg. PA 17/08-1268
(717) 234-4161
CUSTOM PATIO ROOMS OF
CENTRALPA, INC"
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - EQUITY
: NO. 02-2615 Equity Term
JOHN T. WALKER,
Defendant
MOTION FOR PRELIMINARY INJUNCTION
Plaintiff, by its undersigned attorneys, hereby move the Court, pursuant to
Pa.R.C,P. 1531, for a preliminary injunction as set forth in the attached proposed
Rule to Show Cause. In support of its motion, Plaintiff incorporates herein by reference its
Complaint in Equity, as verified by Robert Black.
Plaintift'will suffer immediate, substantial and irreparable hann for the wrongful
conduct of the Defendants, Greater hann will be caused by the denial of relief requested by
Plaintiff then the granting thereof. Further, the Plaintiff has no adequate remedy at law.
"
WHEREFORE, Plaintiff requests this court to enter an order in the form attached
hereto.
Respectfully submitted:
GOLDBERGt KATZMAN & SHlPMANt p.e.
By ~-D~:!Wre
ttorney I.D. # 72190
320 Market Street, Strawberry Square
P.O, Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Dated: sf)o 111... Attorneys for Plaintiff
,"
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon
all parties or counsel of record by private, overnight delivery to the following;
John T, Walker
4229 East Williamsburg Drive
Harrisburg, PA 17109
BY~'~
hn DeLorenzo, Esquire
o
c
-o~:
nil')
-/ --,
.Jl..- ..'.
-.? ,.---
, .
(l; ~
r-S
<-
~-::C
?n
PC::
Z
::;.1
,
\
\
i
i
\
\
i
'-
-""^"~
-:.-:..ii>
--,(
r....)
"0
::k;:
,- -.T-,
)
:..oJ
~~~-II
~
-<.
(.J
r-
GOLDBERG KATZMAN, p,c.
John DeLorenzo, Esquire
Attorney I.D. #72190
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Plaintiff
CUSTOM PATIO ROOMS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY,
: PENNSYL VANIA
v.
: No. 02-2615
JOHN WALKER,
Defendants,
: Civil Action - Law
PRAECIPE TO WITHDRAW COMPLAINT
TO THE PROTHONOTARY:
Please mark this action settled, discontinued and withdrawn.
Respectfully submitted,
By
J De. enzo, Esquire
J.D. No. 72190
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Plaintiff
Date: September 19,2005
126354, \
r->
=
~
,n
frl
--0
'"
o
-0
:J;';
r:-?
~
~:u
=36
q6
.:=44';
:C-n
n?",
2:?t\
Q'
""
",.
~
-
c..>