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HomeMy WebLinkAbout06-6667 Jeffrey B. Engle, Esquire SHAFFER & ENGLE LA W OFFICES 129 Market Street Millersburg, P A 17061 Phone: 717-692-2345 Fax: 717-692-3554 jejJ@shafferengle.com AQUATIC FACILITY DESIGN, INC., Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Ck,- f..{,.(. 7 (3;.,.(.., ~~ : CIVIL ACTION - EQUITY BECKY GILDEA Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 claim 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecenia escrita y radicando en la Corte por escrito sus defensas de, y ojecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, e1 caso puede proceder sin usted y un fallo par cualquier suma de dinero reclemada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. U sted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA TEMNTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGER POR LOS SERVICIOS DE UN ABOGADO. ES POSIBLE QUE ESTE OFICINA LE PUEDE PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 Jeffrey B. Engle, Esquire SHAFFER & ENGLE LA W OFFICES 129 Market Street Millersburg, P A 17061 Phone: 717-692-2345 Fax: 717-692-3554 jeff@shajferengle.com AQUATIC FACILITY DESIGN, INC., Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. Ot.,,- "~~1 ~ f-L- MARTY GILDEA and BECKY GILDEA, his wife, Defendant : CIVIL ACTION - EQUITY eo w-p....A-. ~ ~-r.;:7 PETITION FOR EMERGENCY TEMPORARY AND PERMANENT INJUNCTIVE RELIEF 1. Plaintiff, Aquatic Facility Design, Inc., is a Pennsylvania Corporation with its principal office and place of business at 183 Moore Street, Millersburg, Dauphin County, Pennsylvania 17061. 2. Defendants, Marty Gildea and Becky Gildea, his wife, are adult individuals living at 806 Holly Pike, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. Venue is proper in this judicial district in that Defendants are residents of Cumberland County and Defendant, Becky Gildea, works from an office located in separately secured structure on Defendants' property in Cumberland County and a substantial part of the events giving rise to this claim occurred within this district. 4. This Court has personal jurisdiction over the Defendants because, among other things, Defendant, Becky Gildea, has entered into and transacted businesses on behalf of the Plaintiff within this jurisdiction. 5. Defendant, Becky Gildea, is an employee and former officer of Aquatic Facility Design, Inc., having served in the capacity of President. 6. Defendant, Marty Gildea, is not an employee of Plaintiff, however, owns the subject property with the Defendant, Becky Gildea, as tenants by the entireties. 7. Defendant was originally hired in August, 2004, as an employee of Boyer Swimming Pools, Inc., a Pennsylvania Corporation. 8. Boyer Swimming Pools, Inc. and Aquatic Facility Design, Inc. have a common shareholder, Brent Boyer. 9. Defendant, Becky Gildea, became an employee of Aquatic Facility Design, Inc. in 2005. 10. Defendant, Becky Gildea, was hired to promote and conduct Plaintiff s business of consulting for aquatic facilities, both municipal and private parties, by providing feasibility studies, designs and concept work. 11. Defendant, Becky Gildea, works for Plaintiff as an 'at will' employee. 12. There is no written employment contract between Plaintiff and Defendant, Becky Gildea. 13. Defendant works primarily from the office located in a separately secured structure on Defendants' property. 14. The building in which Defendant currently works from was originally a structure (hereinafter "carriage house") on Defendants' property and now serves as both an office for Defendant, Becky Gildea, and a chiropractic office for Defendant, Marty Gildea. 15. The chiropractic office and the office of Aquatic Facility Design, Inc. are not physically divided in any permanent manner. 16. Plaintiff has supplied office equipment, furniture, software and other items necessary for Defendant to conduct the business of Aquatic Facility Design, Inc. in the office located in the carriage house on Defendants' property. (See list of office equipment items attached as Exhibit 1). 17. Plaintiff has also been paying Defendants rent for the office located in the carriage house located on her property in the amount of$500.00. 18. Defendant, Becky Gildea, has been a primary contact for Plaintiffs customers and has had overall responsibility for servicing Plaintiff s accounts. 19. Plaintiff has expended great effort and expense in providing Defendant, Becky Gildea, with information relative to Plaintiffs business and the swimming pool industry. 20. During the course of Defendant's employment, Defendant, Becky Gildea, has had the benefit of Plaintiffs proprietary information, procedures, forms, operating manuals, cost and expensing systems, sales and construction practices, customer lists and servicing contacts, all of which are of incalculable value to Plaintiff and are essential to the success of Plaintiff. COUNT I: BREACH OF THE DUTY OF LOYALTY 21. Paragraphs 1-20 are incorporated herein by reference as if fully set forth herein. 22. During the last several months Plaintiff has not been satisfied with Defendant, Becky Gildea's, work product. 23. Defendant, Becky Gildea, has been sending out work without Plaintiffs approval. 24. Plaintiff has received negative feedback from customers regarding Defendant, Becky Gildea's, work product, including a comment from one customer that it was "pitiful." 25. Plaintiff received feedback from multiple customers that Defendant, Becky Gildea's, work has been low quality, including numerous spelling and technical errors throughout the reports which are below industry standards. 26. Brent Boyer, Chief Executive Officer of Aquatic Facility Design, Inc., discussed with Defendant, Becky Gildea, her unsatisfactory performance, and as a result, the employment relationship between the parties has drastically deteriorated. 27. Defendant, Becky Gildea, has claimed partial ownership of Aquatic Facility Design, Inc. to Aquatic Facility Design, Inc. employees and customers. 28. Defendant, Becky Gildea, has claimed to other employees of Aquatic Facility Design, Inc. that "possession is 9/10 of the law." 29. Plaintiff has also learned that Defendant, Becky Gildea, has been contacting some of Plaintiff s customers and made disparaging remarks about Brent Boyer and Plaintiff s business. 30. Defendant, Becky Gildea, has exhibited anger management problems in the presence of other officers and employees of Aquatic Facility Design, Inc. and Boyer Swimming Pools., Inc., including but not limited to verbal assaults and throwing paperwork and books. 31. As a result of the foregoing, Defendant, Becky Gildea, has breached and will continue to breach her common law duty of loyalty to Aquatic Facility Design, Inc. thereby damaging Plaintiff. 32. Plaintiff wishes to terminate Defendant, Becky Gildea's, employment, but fears Defendant will bar Plaintiffs entry onto her property to retrieve Plaintiffs property, secret or destroy Plaintiffs proprietary information, confidential customer lists and vendor service contacts, and other invaluable and confidential information necessary for the operation of Plaintiff s business. 33. Plaintiff intends on terminating Becky Gildea's employment on November 22, 2006. (See Employment Termination Letter attached hereto as Exhibit 2). WHEREFORE, Plaintiff, Aquatic Facility Design, Inc., requests that the Court enter judgment in its favor, and against the Defendants, as follows: a) Issue a preliminary and permanent injunction enjoining Defendant, Becky Gildea, from destroying Plaintiffs property and prohibiting Defendant, Becky Gildea, from misappropriating Plaintiff s trade secrets and other confidential and proprietary information or using said information in anyway to harm Plaintiff. b) Issue a preliminary and permanent injunction enjoining Defendant, Becky Gildea, from misappropriating Plaintiff s trade secrets and other confidential and proprietary information. c) Issue an Order allowing Plaintiff to enter onto Defendants' property in the presence of a Pennsylvania State Constable for the purpose of retrieving Plaintiff s property as listed in Exhibit 1, along with Plaintiff s books, records and customer contracts. 34. Because Plaintiffs business records, contracts, client and contractor lists, as well as equipment, are located in the carriage house located on Defendants' property, Plaintiff does not have a means to obtain this property and information after Defendant, Becky Gildea, is terminated without risk of damage to the property or theft of records by either of the Defendants. 35. The harm that could be done to Plaintiff s business through interference with Plaintiffs customer relationships would be ongoing and not readily ascertainable and, therefore, could not be compensated by damages. 36. Unless the foregoing injunctive relief is granted against Defendants, Plaintiff will be irreparably harmed, and more harm will result from the denial of injunctive relief than from the granting of injunctive relief, and the public interest will not be adversely affected. 37. Plaintiff has been instructed that bond may be required by the Court prior to issuance of an Order and Plaintiff will do so through its primary insurance carrier if so ordered. Respectfully Submitted, l-ri VERIFICATION Subject to 18 Pa. C.S. 4904, relating to unsworn falsification to authorities, I, Brent Boyer, state as follows: I. I am an Officer of Aquatic Facility Design, Inc., serving in the capacity of Chief Executive Officer, and am authorized to make this Verification on its behalf. 2. I have reviewed the foregoing Complaint in Equity, and the allegations contained therein are true and correct to the best of my personal knowledge, information and belief. Date: II //1 I.. I I i:>r- ---- t~ hJ hi +- J - LIST OF EQUIPMENT/SUPPLIES . 4-Drawer Filing Cabinets (2) . Dell Computers (3) . Cannon Cooper . HP Designjet 500 Plotter · CAD License 1 (Serial # 343-82823503) . CAD License 2 (Serial # 343-82823602) · All programs that came with the Computers . All copies of the Norton Anti-Virus · Adobe Acrobat 7.0 Professional . Becky's Desk - Futura "L" Workcenter . Futura File Cart . Desks (2) . Green Shelving . Tables (2) from Tom's office · Code Books, Magazines and any other materials . Vanishing Edge Seminar . Digital Camera 7.1 MP C743 · HP Copier/ScannerlFax - OfficeJet 6110 . All drawings, studies . Phones (2) · Any and all files or copies of files from Aquatic Facility Design, Inc. or it's sister companies · All computer accessories - including modems, routers, surge protectors and cables . Coffee Pot( s) · Binding System and supplies . Desk Accessories · Hardhats, Flashlights, measuring tapes and all other pool evaluation tools/equipment . E-Z Pass . Desk Chairs . VISA card · Paper Supplies - including, but not limited to, stationery, plotter paper and any other paper supplies . Office Supplies · Company backups and anything with company info on it · Information off of Becky Gildea's personal Jump Drives · Information off of Becky Gildea's personal laptop · Displays and table runners with logos (3-Aquatic Chemical Supply, Inc., Aquatic Facility Design, Inc. and Boyer Swimming Pool, Inc.) · 17" monitor purchased from Office Max ---- ~ f~\ ~ l-t J-- ALLEN SHAFFER, ESQUIRE SHAFFER ENGLE LAW OFFICES JEFFREY B. ENGLE, ESQUIRE JEFF@SHAFFERENGLE.COM DALE K. KETNER, ESQUIRE DALE@SHAFFERENGLE.COM November 22, 2006 Ms. Becky Gildea 806 Holly Pike Mt. Holly Springs, PA 17065 Re: Termination of Employment Dear Ms. Gildea: My client, Aquatic Facility Design, Inc. and Boyer Pool, Inc., has requested that I inform you that your services as an employee are regrettably terminated. This termination is effective immediately. Accordingly, you shall provide to Aquatic Facility Design, Inc. and Boyer Pool, Inc. any and all office equipment, supplies, customer lists, current or existing documents or works that were created for the benefit of Aquatic Facility Design, Inc. or Boyer Pools, Inc. Further, you are hereby requested to allow the officers and employees of Aquatic Facility Design, Inc. and Boyer Pools, Inc. to remove said items from its current location at 806 Holly Pike, Mt. Holly Springs, P A. Thereafter, you are hereby notified that you are restricted from entering upon or remaining on the premises of Aquatic Facility Design, Inc. or Boyer Pools, Inc. Any future contact regarding your prior employment with Aquatic Facility Design, Inc. or Boyer Pools, Inc. should be directed to me at my Mi11ersburg office. Very truly yours, JBE/mew Copy: Brent Boyer ICES Ulre Pools, Inc. & esign, Inc. 129 MARKET STREET MILLERSBURG, PA 17061 . 2941 NORTH FRONT STREET SUITE 112 HARRISBURG, PA 17110 MILLERSBURG 717.692.2345 . HARRISBURG 717.236.9511 . FAX 717.692.3554 TOLL FREE 1-888-236-9519 · www.shafferengle.com D -(,q. R t:J 7't- t trt \) 7-J ~ -- ~ --0 U"'l ~ r I- f""" Y _.J '--.~) -r1 .~~ > .-r:-\ -st~~ 'c:;~ ~.>.} ..,...,- ......... (,}'t NOV .om ~~ \ AQUATIC FACILITY DESIGN, INC., Plaintiff vs. MARTY GILDEA and BECKY GILDEA, his wife, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Ot.. -~(,("7 eu;Lc,-~ CIVIL ACTION - EQUITY ORDER AND NOW, this ~ day of November, 2006, Judgment is entered in favor of the Plaintiff, Aquatic Facility Design, Inc., and against Defendants, Marty and Becky Gildea as follows: 1. Defendant, Becky Gildea, is enj oined from destroying Of- v:ium91EliBg Plaintiff s property and prohibited from misappropriating Plaintiff s trade secrets and other confidential and proprietary information or using said information in anyway to harm Plaintiff. --<Z. Ph1illtiff i3 hcfcbJ authurlzed 10 enter onto Defendculb' plupGIty lesatea at gge - Holly piG, :Mt. Belly SIh~Ile~' CW1.IDCIla.ud County, Pennsylvcuua, ~u the l'm:3~ft~e uf l1 - Pf'n\lS)<IFwa ~tate C6fi3tabl~ fUl the purpose of securing and letIieving :fllaillliffs propedy ...., --ffi;tet;l in Exhibit p, alen~ vv idl all bOOKS, records, and propnetary matenals of Aq uCllil,,; f Q.~i1ity Desiga, lae. , A I 2. . ,.., e4...., IJ'" W -1,.,..- ~ul1"~ 6/. .,. P/~.';nl( 6_" ,..' +t- Distribution: Jeffrey B. Engle, Esq. Becky Gildea Marty Gildea Pa. State Police ",.. c- J1..'v ~~ of \ -+t&. /'-.1......,..."'-7 ,..; I ~J, ~ ""'7 zoo, ;r: 70 ., I p1""~ , J/o-lI~ ,... J~ J" oJ#o' 4- ,j-S-600,. Q . Il--t>- " 1 1. " . h,,:!f,oC. 129 Market Street, Millersburg, PA 17061 ~ ~ ~ 806 Holly Pike, Mt. Holly Springs, P A 17065 \ . 806 Holly Pike, Mt. Holly Springs, P A 17065 "> ~ ~ Troop H, 1538 Commerce Avenue, Carlisle, P A 17013 I 1/_ J I .01., ~ '. c'.'Cpn:J "" 1, if! :8 ~'id 12 !ION 9002 .. ..... Jeffrey B. Engle, Esquire SHAFFER & ENGLE LA W OFFICES 129 Market Street Millersburg, P A 17061 Phone: 717-692-2345 Fax: 717-692-3554 jeff@shafferengle.com AQUATIC FACILITY DESIGN, INC., Plaintiff vs. MARTY GILDEA and BECKY GILDEA, his wife, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA ~ NO. ~b - 66~ r : CIVIL ACTION - EQUITY PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the Complaint in the above-captioned matter which was filed on November 17, 2006, and cancel the Hearing before Judge Hess scheduled for Monday, November 27, 2006 at 3 :30 p.m. Dated: November 24, 2006 Respectfully submitted, . ... AQUATIC FACILITY DESIGN, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA vs. : NO. MARTY GILDEA and BECKY GILDEA, his wife, Defendant : CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE I hereby certify that on thi~ 1~ of November, 2006, a true and correct I copy of the foregoing Praecipe to Withdraw Complaint was served by means of United States mail, Express Mail, postage prepaid and via facsmile, upon the following: Becky Gildea Marty Gildea 806 Holly Pike Mt. Holly Springs, P A, 17065 '" ('::..) C::;J c:."""\ () "Tl f',:') --J :::':'1 t.r"' . ., C) in ~.: