Professional Documents
Culture Documents
Commonwealth Code Inspection Service Inc Vs Clem Malot
Commonwealth Code Inspection Service Inc Vs Clem Malot
COMMON\VEALTH CODE
INSPECTION SERVICE, INC., Civil Action: Law and Equity
-i ' ~ --:,
Plaintiff ·o ~
c= ;;.J
r., __, '.>-o-
V. -.:,
C
-o
v~ o Z:.::,
-I ;::J::r:: n :::.-::a
-< 0-< --1 r·-~
ROBERT C. MALOT a/k/a ;L -1
:r;_(n I -·--
--- ~..a-
"'--o
I Ul
R. CLEM MALOT and No. 20!5- 1652 ~Cll n:::
PENNSYLVANIA MUNICIPAL B
i
""--;J
c--
.._.
-i-.-
-:::,
r:,o
~j j:~
>-
CODE ALLIANCE, INC.
Defendant
It
I
i
-<-'>
-"r-,
-<:-
,.....
-.. __;...-,
-~-<
....J
Judge: 1c,l2t{J n1 ~~
(.Ji
-.J ~--
-c
,:,
.
NOTICE
You have been sued in Court. If you wish to defend ·against the claims set forth in the following
page, 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 claims or relief
requested by the Plaintiff. You may l'ose money or property or other rights important to you.
YOU SHOULD TAKE TIDS PAPER TO YOUR LA WYER AT ONCE. TF YOU DO NOT HA VE
A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOU
CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH L'l'FORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
The Court of Common Pleas of Franklin County is required by law to comply with the Americans With
Disabilities Act of 1990. For i,ifonnation about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact the office of the Court
Administrator. All arrangements must be made at least 72 hours prior to any hearing or business before
the Court. You must attend the scheduled conference or hearing.
(01123563/1 I
CGA Law Firm
Zachary E. Nahass
Attorney I.D. 314834
Stephen R. McDonald
Attorney I.D. 310319
135 N. George Street
York, PA 17349
Tel. 7-17-848-4900
Fax 717-843-9039
Attorneys for Plaintiff
AMENDED COMPLAINT
Comes now plaintiff, Commonwealth Code Inspection Services, Inc., by and through
their legal counsel Zachary E. Nahass, Esq. and Stephen R. McDonald, Esq. and the CGA
Law Firm, P.C., and files the within Amended Complaint against Defendants Robert C.
Malot (a/k/a R. Clem Malot) and Pennsylvania Municipal Code Alliance, Inc., and avers as
follows:
I. PARTIES
1. Plaintiff, Commonwealth Code Inspection Services, Inc. (hereinafter referred
Pennsylvania with a principal place of business located in 176 Doe Run Road Manheim, PA
17545·
(0IJ2JS63!! l
2. Defendant, Robert C. Malot, aka R. Clem ·Malot (hereinafter referred to as
"Defendant"), is a sui juris adult with a home address of u58 Trails End Road, Harrisonville,
Pennsylvania 17228.
3. Defendant, Pennsylvania Municipal Code Alliance, Inc., (hereinafter referred
III. Facts
7. Plaintiff incorporates paragraphs 1-6 of this Amended Complaint as though
fully set forth herein .
IOIJZ3S6J/J)
n. Peter Schilli"ng ("Peter") is the current President of CCIS. Peter began at
199os.
13. CCIS expanded Commonwealth Electrical's services to provide a variety of
inspection services including but not limited to: UCC Building enforcements, tenant
.
enforcements, property maintenance enforcen;ients, and health code enforcements.
14. CCIS experienced a surge of business in the 1990s related to expanding its
range of services.
15. Collectively, CCIS and its predecessor Commonwealth Electrical Inspection
Service have been in existence for over 40 years and provide services to municipalities
ranging from New York to West Virginia, with the majority of CCIS customers being
municipalities within the Commonwealth of Pennsylvania.
16. In 1999 Pennsylvania passed Acf45, the Pennsylvania Uniform Construction
Code ("UCC") establishing and requiring a uniform system of inspections and permits across
multiple disciplines including fire, building, electrical, accessibility, mechanical, fire, and
energy.
17. The UCC required municipalities to either opt in or opt out of the regulation.
Municipalities which opted in were required to have their own code enforcement
department, work cooperatively with a Council of Governments ("COG"), or contract ,-vith
third party agencies. Approximately 96% of the municipalities opted into the regulation.
18. Beginning in 1999 changes were made to CCIS in anticipation .of
Pennsylvania's passage and implementation of the UCC. CCIS, realizing the UCC provided
an opportunity to expand its core business by becoming the inspector for many of the
municipalities that had "opt~d in", began to compile data which included: historical
operational expenses, wage data, price shee_ts for projects under construction, real estate
(OIJ2Jl6J/I I
industry statistics and growth models, as well as building data from the Pennsylvania
19. This compilation of data was used to create profitability models which were
used as the basis for CCIS's inspection pricing sheets which were submitted to the various
municipalities.
20. CCIS created its pricing system after countless hours of painstaking labor to
gather information from DCED, government center on statistics, zoning permits across the
state and then figured in operational expenses, travel times in rural areas, profit margin in
order to arrive at a pricing for both commercial and residential permits. CCIS also had to
revise its pricing multiple times over years due to introduction of UCC in 2002 and revisions
made to UCC only two weeks into implementation in 2004.
21. CCIS provides its services pursuant to written contracts with municipal
customers in which CCIS 1s responsible for providing all building, health code, and other
inspection services within the boundaries of said municipalities.
22. Under the process, permit applications are filed with the municipality, and
CCIS reviews the application to determine how many, and what type, inspections are
needed.
23. CCIS charges the individual requesting the permit for a plan review fee and
the cost of the actual inspections. The municipality also generally charges an
administrative fee. All costs associated with the permit have to be paid up front. If
additional inspections became necessary at a later point, the customer pays for the
additional charges prior to the certificate of occupancy being issued.
24. Of the money received by CCIS for permits, CCIS retained 35% of the money
and the inspector(s) is paid 65%.
25. It is believed, and therefore averred, this pay structure was unique to
Commonwealth Electrical and CCIS and contributed to CCIS's ability to attract qualified
inspectors and expand its areas of coverage. By structuring compensation in this manner
(ouns6JII l
the amount inspectors made was directly tied to the amount of work they p~oduced, in
for the permit. If one inspector performed all the inspections, he received the entire 65%.
If more than one inspector performed an inspection at a given site, the 65% was split
proportionately.
28. The inspector would be paid a draw as each inspection was performed. The
amount of the draw was an estimate based on the number of inspections performed, as well
as the number still anticipated to be done in the future on that permit. The estimate was
(
designed to be low enough that the project would not be overdrawn before all inspections
were finished.
29. The inspectors submit a sheet to the home office, or branch office, showing
the type of inspection, and which site was inspected, and the inspector then- received the
corresponding payment in their paycheck.
30. Once the Certificate of Occupancy was issued, any remaining money would
be distributed to whatever inspectors had done inspeC1:ions on that project in proportion to
their work done.
31. In an effort ~o get all of CCIS's electrical inspectors certified in the other areas
required by the UCC, Peter created training manuals, outlines, inspection checklists,
enforcement outlines, administrative checklists, and operation examples.
32. CCIS offered numerous training programs, seminars, and inqividual
mentoring to its inspectors in an effort to encourage them to become certified.
Additionally CCIS offered full reimbursement for passing the numerous examinations.
33. Due to his certifications, and role in organizing and preparing the company.to
expand under the UCC, Peter was asked to assume role of President of CCIS to facilitate
- present. Peter also served as the manager of the York branch of CCIS from 2006 - 2015 . .
34. CCIS hired 2 salesman, in addition to existing employees from th~ Manheim
office, who focused on increasing CCIS's business footprint.
35. CCIS's fores~ght and preparation in anticipation of the need created by the
passage and implementation of the UCC allowed it to become the building code inspector in
numerous counties and municipalities throughout Pennsylvania, including almost all of the
36. As of March 2015, due to its long history and reputation in the industry, CCIS
Chambersburg office's was overseeing approximately 160 municipalities Adams, Bedford,
Blair, Cambria, Cumberland, Franklin, Fulton, Huntingdon, Juniata, Miffiin, Snyder, and
Somerset counties.
37. In 2001, Defendant Malot was operating out of Fulton County as an inspector.
38. In May, 200~ CCIS offered Defendant Malot a position as an electrical
inspector in order to meet the growing need in Fulton County and other western areas.
39. The offer was memorialized in a letter of employment ("Letter"), signed by
Peter Schilling, as President of CCIS, and dated May 29, 2001. Defendant's offer of
employment was contingent upon his acceptance of a noncom petition and confidentiality
clause which were an essential part of the terms of his contract CCIS.
40. The original signed Employment Letter was kept by Defendant and is
therefore unavailable and outside Plaintiffs control. A true and correct copy of the
Employment Letter is attached hereto as Exhibit "A" and hereby incorporated herein by
reference.
(01l2JS63/I)
41. Contained within the Employment Letter was a specific restriction regarding
noncom petition and confidentiality which states:
you will not compete against the Company or solicit its customers, except as
necessary to perform your job while employed by CC.LS and for a period of t\velve
(12) months following your employment. Should you decide to come on board, we
will need to have a signed Agreement from you on the day you start or shortly
thereafter.
See Exhibit A, Page 2, Section II
42. Beginning in, or just prior to, 2001 all new employees were required to sign
non-competition and confidentiality agreements as a condition of their employment with
CCIS.
43. The non-compete and confidentiality clauses were necessary to protect CCIS
due to the decades CCIS had spent: cultivating and building business relationships and good
will; developing pricing and compensation arrangements which allowed it to retain those
{01323563/11
46. Initially the Defendant was paid in the same manner as all other inspectors
who worked for CCIS. That is, the Defendant received 65% of the amounts charged for
various inspections and plan reviews.
47. At the time Defendant was hired, it is believed and therefore averred,
Defendant did not have the certifications necessary to conduct inspections or issue permits .
49. Due to this status, CCIS assigned Defendant to counties where CCIS already
had building code enforcement programs which allowed Defendant to be "grandfathered"
into certification for several more years.
50. Thereafter, with the help of CCIS's training materials and specific instruction
from Peter Schilling, Defendant was able to earn his certifications, including earning a
Master Code Professional ("MCP") Certification in 2005.
51. As CCIS expanded, and specifically after speaking with Franklin County
officials, Peter Schilling determined CCIS would need an administrative office in that area to
handle the western parts of the state.
52. In 2004 CCIS territory at the western end of the state included south of
Pittsburg and up near Erie in Clarion and Venango Counties.
53. It is believed, and therefore averred, that in late 2003/early 2004 the Borough
of Chambersburg code official was planning to retire. Thereafter the Defendant began to
shadow the retiring code official to learn his duties.
54. During this same time period (April 9, 2004) the UCC was enacted and began
to be implemented and enforced.
55. In 2004 CCIS opened a branch office in Chambersburg and made Defendant
{0ll2J563/l t
56. As Manager, Defendant was responsible to CCIS for maintaining financial
records, requesting payroll and operational funds, as well as inspector assignments ~nd
promoting CCI S's interest including maintaining good relat~ons with CCIS's customers.
57. Defendant was required to answer to his superiors and cooperate with
requests from the CCIS main office in Manheim, Pennsylvania on CCIS matters.
58. CCIS, through the owners and company principals in the Manheim office, set
59. CCIS, through the owners and company principals in the Manheim office, set
61. Based on the changes in Defendant Malot's duties, CCIS changed his
compensation plan. CCIS continued to pay Defendant 65% of inspection fees when he
personally performed the inspections. The Defendant received 10% of inspection fees
whenever the inspection was performed by an inspector working under the supervision of
Defendant. Defendant was paid 10% despit~ the fact his original agreement specified 5%.
62. The 10% was paid from CCIS's portion of the money, rather than the
inspectors cut i.e. the Defendant's cut came from the 35%, not the 65%.
CCIS's polices and protocols; and the skills and compensation of CCIS employees at the
close business relationships with municipal customers in the course of his employment as
{Oll2lS6lll t
an agent of CCIS and directly benefitted from the good will CCIS maintained with its
customers.
65. In or around 2010, CCIS implemented a company-wide IT integration that
would increase the efficiently of oversight and transparency for CCIS main office to its
satellite offices, including the Chambersburg office.
66. While all other local CCIS offices were integrated almost immediately,
Defendant refused to cooperate in CCIS connecting to the Chambersburg office and insisted
upon using his preferred IT service provider to perform work at the Chambersburg office
which further frustrated the integration efforts and raised CCI S's suspicions of the
management of the Chambersburg office.
67. On or about November 2013, CCIS main office finally succeeded in
connecting to the Chambersburg office despite the lack of support and cooperation from
Defendant and his chosen IT service provider.
68. On or about December 2013, CCIS implemented a company-wide policy
change in which all checks were to be sent directly to the Manheim office for scanning and
processing. In the year prior, the Chambersburg office had been scanning its own checks
69. Shortly after the policy was implemented, CCIS discovered that the
Chambersburg Office had also been receiving monthly payments of cash in addition to the
checks being sent. CCIS noticed an obvious discrepancy in the amount of cash reported
from month to month before the policy change as compared to after.
70. Beginning in or around January 2015, CCIS began having concerns about high
staff turnover and Defendant's failure to adequately staff the Chambersburg office. The
latter eventually became so severe CCIS assigned personnel from the main office to come to
the Chambersburg office to interview individuals to fill essential job posi~ons that had
remained vacant in order to ensure CCIS was capable of meeting the needs of its municipal
customers in the region. I~ is believed and therefore averred Defendant Matot deliberately
{013~lS6l/1)
failed to fill positions in an attempt to strain relations between CCIS and its municipal
customers, and to create the impression CCIS was on the verge of closing.
71. The office manager in Chambersburg, put in notice she was leaving on Friday,
February 20, 2015. Malot was charged with hiring someone bu~ did not, despite the fact he
received resumes.
72. Three people from the Manheim Office had to go to Chambersburg on the
manager's last day to cover the office manager's duties until a replacement could be hired
and trained.
73. One of the Manheim employees, Teresa Moyer, had a conversation with
Defendant regarding getting the position filled. That Monday, February 23, 2015, in
response to the actions of the Manheim employees, Defendant confronted William
Schilling, as the owner of CCIS, and Defendant stated he intended to "buy you out or run
you out" with regard to CCIS Chambersburg office.
74. On or about February 25 , 2015, Defendant demanded that CCIS present him
with a sale price for the Chambersburg office. Because CCIS had not initially intended to
sell, they requested Defendant provide a written offer for their consideration as the
interested party. Defendant led CCIS to believe that such an offer would be forthcoming by
and through his attorney.
75. The Defendant entered into discussions to buy out CCIS. Discussions took
place with William Schilling and also included CCIS's attorney Anthony Shimaneck.
76. During the time period the discussions were taking place, while still an
employee, Defendant informed CCIS's inspector he was starting his own inspection business
and solicited them to work for him.
77. In the weeks following Defendant's threat to Mr. Schilling, Defendant did not
provide CCIS with any purchase offer. CCIS did see an increase in Defendant's
compensation claims on old projects. [tis believed and therefore averred that, during this
tOl32J56JIJ)
period, Defendant was copying sensitive CCIS customer and employee information, making
copy of Defendant's resignation letter is attached hereto as Exhibit "C" and hereby
incorporated herein by reference.
84. On the same day he quit, March 20, 2015, PMCA was created as a corporation
with the Pennsylvania Department of State. PMCA was an inspection company that offered
the same exact services as CCIS and solicited CCIS's municipal customers.
85. Thereafter a number of CCIS employees resigned and began employment with
Defendant PMCA.
(0ll2JS63/IJ
86. It is believed that Defendant falsely and intentionally maligned CCIS to the
Chambersburg employees who chose to remain with CCIS by stating that the Chambersburg
office would be closing and that his actions would severely impact CCIS continued existence
in an attempt to further harm CCIS's ability to continue doing business.
87. Upon Defendant's sudden and immediate resignation, CCIS began a
88. In ·the course of their review CCIS discovered Defendant and Sharon Hamm,
both now of PMCA, had taken sensitive information including CCIS customer contact lists
and contract information. ·
89. Additionally it was discovered Defendant was also taking remaining sums of .
money from many jobs performed by the Chambersburg office without written agreement
'
or authorization of CCIS as an "issuance". To date, CCIS has discovered at least S700,ooo.oo
in unauthorized "issuances" taken by Defendant without CCIS approval. CCIS has contacted
. '
a third party accounting firm to perform an audit to determine the amount unlawfully taken
by Defendant.
90. It is believed and therefore averred that both before and after his resignation,
Defendant solicited multiple CCIS municipal customers; interfered wit~ the contractual
relations thereof; and falsely and intentionally maligned CCIS to its customers in an attempt
to induce said municipalities to cease business with CCIS and to instead do business with .
Defendant's newly created competing corporation, PMCA.
91. Within four days of Defendant's departure, CCIS began receiving multiple
cancellation notices from municipalities, including about half the municipalities in
Defendant's area.
92. On or about March 27, 2015, the Borough of Chambersburg notified CCIS that
they were cancelling their contract for health inspection services in favor of PMCA. The
same day, Defendant sent a letter on behalf of PMCA to a local restaurant regarding a
( 01 3~3S63/I)
th
violation notice CCIS sent on March 18 . Defendant admits having access to
correspondence that was sent by the restaurant to CCIS on March 26, six days ·after his
resignation and one day before the Borough of Chambersburg notified CCIS of cancelling
their contract. A true and correct copy of the Letter is attached hereto as Exhibit "C" and
93. It is believed and therefore averred that Defendant had been taking
affirmative steps toward creating PMCA, stealing proprietary and sensitive information from
CCIS, and soliciting CCIS employees and customers for his new competing business prior to
tendering his resignation and while still owing a" duty of loyalty to CCIS.
94. CCIS also discovered many of its email accounts had been sanitized. The
information eventually able to be recovered showed Natasha Brubaker and Sharon Hamm
shipped large amounts of data (records, spreadsheets, differential programs) to an email
accounts [email protected], [email protected],
[email protected] barqmail.net and [email protected]. It is believed and
therefore averred the emails designated as "uncleclem" are Defendant's personal email, and
the information sent was proprietary and confidential information.
95. The fee sheet used by PMCA looks almost exactly like CCIS pricing sheet
99. In reviewing the books in the Chambersburg office, after the Defendant's
resignation, it came to lig~t the Defendant was handling commercial permits different than
C0IJ2l56lll I
the rest of the company. Peter Schilling reviewed the ledgers and realized a
disproportionate amount of money was being taken by the Defendant and marked as an
"issuance". As the term "issuance" has no official or common meaning within the industry.
or at CCIS, Peter Schilling was unable to determine what the significance was. After
interviewing numerous people, Peter determined the Defendant used the term to mean
final inspection and was taking any remaining money for himself, rather than paying it out
to the inspectors who had actually done the work.
100. Peter spoke to CCIS inspectors, who had worked under the Defendant's
supervision, and they indicated they had lodged complaints because they were not being ·
paid properly. It is believed and averred the Defendant was taking money due the
inspectors and keeping it for himself. To hide his malfeasance, Defendant told the
inspectors the home office was shady and the girls in the office were taking the inspection
funds.
101. Through its investigation, CCIS has discovered numerous examples in which
Defendant Malot claimed to have performed an inspection, and took compensation, but
where he was demonstrably not in the area where the alleged inspection took place. Other
entries showed low volumes of inspections or jobs where entire inspection disciplines were
(01323563/1)
sent to CCIS did not match. It is believe and therefore averred the Defendant intentionally
106. Pursuant to his acceptance of employment with CCIS, and the corresponding
non-compete agreement, Defendant Malot contracted that during his employment, and for
a period of twelve months thereafter, he shall not directly or indirectly contact or solicit
CCIS's clients and customers in any manner unless such contact or solicitation is intended
solely to procure business for CCIS.
107. Defendant Malot also agreed that for a period of twelve (12) months after
separation from CCIS, he shall not, directly or indirectly, as an employee, agent, stockholder,
proprietor or otherwise, engage in the business of electrical, building, or other related
services in competition with CCIS in any county in which CCIS did business within the
twelve month period preceding the end of his employment with CCIS.
10132356J/l)
contacting and soliciting CCIS's customers in the very same counties which Defen_dant
Defendant Malot was assigned while at CCIS. D~fendants have used, and continue to use,
confidential information obtained as a result of Defendant Malot's position as manager of
the Chambersburg CCIS office to systematically solicit CCIS municipal customers to cancel
111. Defendant Malot's breach of his obligations not to compete and not to
contact or solicit CCIS cus~omers has caused, and will continue to cause, both monetary
damages and irreparable harm to CCIS.
112. As a result of Defendant Malot's breach, Plaintiff has suffered damage by a
loss of business in an amount in excess of one and a half million dollars. (s1,500,ooo.oo) _·
113. Pursuant to the terms of the agreement between the parties, CCIS is entitled
to recover its attorney's fees and costs incurred in connection with the enforcement of the
parties Non-Compete and Confidentially Agreement.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in its favor and against the Defendant in an amount to be determined at trial for
the damages of Defendant's breach of contract, but in any event for no less than
$1,500,000.00, together with any interest provided by law and costs of suit, attorney's fees,
and any other relief the Court deems just and proper.
I0IJ23S6J /I I
not directly or indirectly contact or solicit CCIS's employees to encourage or persuade them
to leave employment with CCIS or to accept employment elsewhere.
limited to his employment with CCIS and the offer of employment was conditioned on
Defendant's Non-Compete and Confidentiality Agreement.
agreement: during the term of his employment and .during the nvelve month period after he
left CCIS.
118. While employed with CCIS, Defendant Malot used an ongoing campaign of
misinformation and secret meetings, in violation of confidentiality agreements, to instill fear
in long time CCIS employ~es about the possible loss of their jobs and CCIS unfairly taking
their pay. After he left, Defendant Malot encouraged and solicited those same employees to
work for him at PMCA, which many of them did.
119. As a result of Defendant Malot's breach, Plaintiff has suffered monetary
damages for the time and money spent interviewing, hiring, and training replacements.
Defendants' actions also caused CCI S's ability to service its customers to suffer at a time
when CCIS was most vulnerable, due to Defendant Malot's other breaches which created .
sudden and direct competition, therefore cqntributing to CCI S's loss of income.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in its favor and ~gainst the Defendant in an amount to be determined at trial for
the damages of Defendant's breach of contract, together with any interest provided by law
and costs of sui~, and any other relief the Court deems just and proper.
j0ll2J S6J11 I
COUNT III - BREACH OF CONTRACT/ INTERFERENCE \VITH BUSINESS
Plaintiff v. Robert C. Malot a/k/a R. Clem Ma lot
120. The allegations contained in Paragraphs 1 through 119 of this Complaint are
agreed that during his employment, and for a period of twelve months thereafter, he shall
not directly or indirectly interfere with any of CCI S's accounts or business with any client or
customer.
122. Defendant's contractual agreement not to interfere with business for a period
of twelve months was supported by adequate consideration, including but not limited to his
employment with CCIS and the offer of employment was conditioned on Defendant's Non-
Compete and Confidentiality Agreement.
123. Defendant Malot deliberately, intentionally, and repeatedly breached this
agreement, both during the term of his employment and after he left CCIS and began PMCA
as a direct competitor of CCIS.
124. Defendant Malot's breach of his obligations not to compete and not to
contact or solicit CCJS customers has caused, and will continue .to cause, both monetary
damages and irreparable harm to CCIS.
125. As a result of Defendant Malot's breach, Plaintiff has suffered damage by a
judgment in its favor and against the Defendant in an amount to be determined at trial for
the damages of Defendant's breach of contract, but in any event for no less than
{0tl2l563II I
s1,500,ooo.oo, together with any interest provided by law and costs of suit, attorney's fees,
and any other relief the Court deems just and proper.
prohibited Malot from engaging in any bus_iness in direct competition with CCIS, as well as
CCIS's former customers, in the counties Malot was prohibited from doing business in,
using employees solicited from CCIS.
131. . Defendant PMCA participated with Malot to solicit such customers and
employees.
132. As a result of Defendant PMCA's tortious interference, CCIS has suffered
judgment in its favor and against the Defendant in an amount to be determined at trial for
the damages of Defendant's tortious interference with contractual relations, together with
any interest provided by law and costs of suit, attorney's fees, and any other relief the Court
(0132)563111
COUNT V - CONVERSION
Plaintiff\'. Robert C. Malot a/k/a R. Clem Malot
134. The allegations contained in Paragraphs 1 through 133 of this Complaint are
incorporated by reference herein and as though restated in their entirety.
135. When Defendant Malot was made the manager of the Chambersburg CCIS
office, in addition to any inspections he performed, his responsibilities included maintaining
financial records for his office and the other offices under his supervision, preparing payroll,
and requesting paychecks from himself and the other CCIS staff he supervised.
136. The employment agreement between Plaintiff and Defendanf Malot specified
the terms of his compensation. Under this agreement he was to receive 65% of the net
revenue paid to CCIS for inspections which Defendant Matot performed. This was the
·standard percentage paid to all CCIS inspectors.
137. At the time of any inspection, CCIS would pay the inspector an estimate of the
65%. The remainder was at the time the final inspection was performed and the certificate
of occupancy was issued. The remaining money was paid proportionately, to all inspectors
who performed work on that job.
138. Additionally, under the terms of the agreement, Defendant Malot would earn
5% of net revenue for business generated by him where another inspector performed the
inspection.
139. As manager of the _C hambersburg CCIS office, Defendant owed a fiduciary
duty to CCIS in the daily execution of his duties at all times during the course of his
employment.
140. In breach o(this duty, Defendant regularly and repeatedly took for himself
the remaining money from projects in the Chambersburg office, rather than paying it to the
inspectors who had actually performed the inspections. These sums were being taken by
Defendant without the approval or written consent of CCIS and contrary to CCIS policy and
(0131)56311)
141. Defendant has taken in excess of $700,000 of unearned money frorri CCIS and
act with the utmost loyalty and good faith in advancing CCIS's interest, and to refrain from
acting contrary to its best interest.
{0JJZJ56J/ I J
148. Defendant Malot, as manager of certain CCIS offices, had a duty to supervise
the employees of CCIS to the best of his ability and to promote goodwill between CCI$ and
its employees.
149. The actions of Defendant Matot constitute a flagrant and intentional breach
of his obligations to Plaintiff. Defendant Malot: hindered CCIS's ability to operate
efficiently, refused to hire·necessary employees, took confidential information for his own
and a competitor's purpose, made false and disparaging statements to employees and
customers, solicited employees to leave CCIS and join a competitor, used company
equipment on company time for personal reasons and falsified CCIS's books and reports.
150. Defendant Malot knew his actions caused CCIS to lose experienced, well
trained employees and also long term customers, as well as impaired CCIS's ability to
remain its competitive advantage in the marketplace.
151. As a direct and proximate result of Defendant Malot's conduct in breaching
his fiduciary obligations, CCIS has suffered, and will continue to suffer:
a. Loss of customers, orders, and profits
b. Loss of confidential information and business practices that created a
competitive advantage
c. Loss of key employees
d. Loss of goodwill and reputation in the industry
152. As a direct result of Defendant Malot's actions, Defendants have been and will
further his own interests. The harm to CCIS is extensive and ongoing and CCIS is entitled
to punitive damages.
I0IJ23S6J/I)
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in its favor and against the Defendant in an amount to be determined at trial but
for no less than s2,ooo,ooo.oo and punitive damages in an equal amount, together with any
interest provided by law, costs of suit, and any other relief the Court deems just and proper.
taken by Malot from CCIS, in order to unfairly compete with CCIS and solicit CCIS
customers.
161. Defendants spread false information about CCIS going out of business in
order to lure CCIS customers.
162. Defendants instructed CCIS customers to break their contracts, or not to
(0llB56J/IJ
164. Defendant's actions have already lead to damages to CCIS in excess of
employees during his employment, or for a period of twelve (12) months thereafter.
169. Defendant Malot breached this contract and solicited numerous employees to
leave CCIS.
170. Defendant PMCA was aware of the provisions prohibiting Malot from
soliciting CCIS employees: Despite this, and in direct interference with such contract,
Defendant PMCA encouraged and abetted Malot in his efforts to hire employees away from
CCIS.
171. These CCIS employees were hired by Defendant PMCA immediately after
I013~H63/I I
172. Defendant PMCA's actions had the double result of damaging CCIS, and
causing it to lose customers, while directly benefitting PMCA by taking on employees who
had already been trained and were familiar to CCIS's former customers.
judgment in its favor and against the Defendants in an amount to be determined at trial and
to award pun~tive damage~, together with any interest provided by law, costs of suit, and any
other relief the Court deems just and proper.
good faith, interfering with business relationships, interfering with contractual relationships,
misappropriating and using confidential information, Defendants engaged in unfair
co~petition.
175. Defendants conduct is willful and intentional, and has caused actual damage
and loss to CCIS.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in its favor and ~gainst the Defendants in an amount to be determined at trial and
to award punitive damages, together with any interest provided by law, costs of suit, and any
other relief the Court deems just and proper.
(0 IJ23S6l /l )
177. CCIS, through years of gathering data, pricing information, costs, mileage and
179. Defendant Malot, as well as other employees of Defendant PMCA, took the
information from Plaintiff while acting as employees of Plaintiff.
180. Defendants actions violated the Pennsylvania Uniform Trade Secrets Act, 12
Pa.CS.A.§§ 5301-08.
181. As a result of Defendants' actions, Plaintiff has suffered actual damages.
business.
185. As a result of these representa~ions, CCIS has lost business and suffered
damages.
186. Such statements are defamatory per se.
(013 23 56]/I J
187. Defendants were aware these statements were false, and made these
statements only for the purpose of soliciting Plaintiff's customers to leave Plaintiff and
judgment in its favor and against the Defendants in an amount to be determined at trial,
together with any interest provided by law, costs of suit, and any other relief the Court
Respectfully_submitted,
By: ' : : : : : . { . . ~ ~ ~ ~ _ _ _ _ J ~ ~ : : d . . . ~ ~ ~ - -
Zach y E. Nahas Esquire
Supreme Court I.D. No. : 314834
Stephen' R. McDonald , Esquire
Supreme Court I.D. No.: 310319
CGA Professional Center
135 N. George Street
York, Pennsylvania 17401
(71 7) 848-4900
(717) 843-9039
E-mail : [email protected]
Counsel for Plaintiffs
(0132356311 I
Commonwealth Code Inspection : IN THE COURT OF COMMON PLEAS
Servi~. Inc. · : OF THE 39™ JUDICIAL DISTRICT
: FRANKLIN COUNTY, PENNSYLVANIA
Plaintiff
No. 2015-1652 CIVIL
V.
Defendants.
· VERIFICATION
I, Peter Schilling, verify that the statements made in this Complaint are true and correct to
the best of my knowledge, infonnation, and belief. I understand that the statements herein made are
0atec1,
--,;,-+, /s/;?
<o - - - - - - -
{01Jll5&:l/l}
, .
lEXIDBlIT ''A''
! , c . ,,.,
_,_ . -" .: . . . r .
CcmMaJot
1158 Trails End Road
HaniJoxm11e, Pa. 17228
Mayl9,200J
Dear Mr. Matot, .
On behalf' of Common~ Qldc Inspecoon Scmcc, Inc.. I thought it would be trneficia! to outline
your lerms of employment in the CYent you decide to join us. As we disamed, you will be n:spmsih]e for
inspecticms. flillow up of mstomm leads. and accurate R:pm1ing and accocmtiug af)'OW' 8ClMtia on behalf' of
C.CJ.S.. Your respansfbilitics aDd ~ terms may cbangie as C.C.LS. grows and you gain experience.
Your employm.ect will be on an •at wm• besia. which means 1hal you may n::sip ar be sul!«t to tcmrlnation at
any lime. Of cxmrse, tt ii our hope that your career with C.C.LS. will be fDDg and ph.sporow..-The basic temis of
the position are outlined below. If 1hia offer is aax:ptabte to :you. please mdic:ate your aca::i,aooe: by signing your
name at lhe end of the Jett« aad returning 1he "orijp.nal sig=d copy to me. ~
L COMPENSATION .
a. 65%
EXAMPLE:
JlJIPe(:tion #1"" S 40.00 Gross ~ = $100.00
J:ttw;tion f2 ... s6Q.QO Insurance Cl iobs at $3,00 Pct Jobl z: .. S 600
Gros., R.cYeaue • $ 100.00 Net Revr.zwc ID S 94.00
Xfmmnimonratc.,, x· 6ffi
Ccmrndssitm a S "61.10
Sala Qaow. C.C.l.S. ~ not set sales quotas bin will review cmp!oyee pay sheets for activity. lmc:tiviiy
for auy e.del)'.ted length of time may rmdt in terminatkm. ·
Geneiation of new wmk resulting in the need tor C.CJ.S. to hire new employees to asci&t JOll IQay.result
in extra cxmimission. The ems cnrnrnission will be 5% of g r o s s ~ gcbcmtafl,y ~ und=t }m
supen'WOll..
' .
C.C.I.S. tt$enC1 the rigbt t o ~ )'OV" ~ission scbcdalc. AlI.J Sidi ~ J modifiaitiou will ba
set forth in writiJJg a n d ~ to you by January 3 ~ of tile year in which~ ~ is to OQCUT, except dlaJ .
modilkaiom mandated by insurance ch.an,ea or legisl2tn-c adion will be deliYered to you m IOQD as possible.
Rname Pmc:adng All cantracts and agreements are to b e ~ in Commonwealth Code Impcx:tion
Semoc. Inc.'s name a¢ signed by the C.C.J.S.'s President ind/or Cbief&tJcutive Offitlerand an rewnu.e cbccks
&hall be dtlivered and made paya!D to C.C.I.S: as Manheim. Pa.. C.C.I.S. will remit to you a ~ of the net
m ·~ per the appli~ commissiG!l rate. ·
Vacation. You :i:e raprmable for any amngment• needed to oc,\1·er your aree during auy wawon that
)-W take. You a r e ~ to imorm C.C.LS. that )IOU arc laking ~on. C.C.LS. will assist you with )'Om WOik
load to the best of its abiluy.
Business E"J'C':DRti _mmt be prHJJprOvuf or they may not be oons:idcrcd for rc:imbm'lrmcat These
cxpenditmes must be verified by proper reocqe and explanation of the aaivity.
Business~ that an: appnM)d far fhU rdmh1nemeDI by C.CJ.S. shall have tbe ICXXIUD!S places in
lbe name of C.C.lS..
. .
Il. NONCX;)MPE'I1TKANDCONFIDENTIAUJY A ~
. .
As a condidon of c:mp1oymcn1 we must require that you si&n the anacbed NODC0111j.ditian a¢
Comidmltialiry Agra:ment.. Among other thin8,'i. the Agmcmeut povidea that you will Jl")teCt c.c.1.s:s
confidential information and that you_will not compcu aplnst the Company er solicit its ozstomtrs. ICX0epl as
neceauy to perform your~. while omployed by C.C.lS. and for a period Gftwelve (12) months~ yom
employment.· ~ d ~ decide tO mn on board, we will micd to ba\'C a signed Agimnent from you on the day
you start or sboJtly tbcreaft.cr. · · ·
C.CJ.S. also bas writtcn policies qazding several of the t o p i c s ~ ablM:. You will be provided
wi1h copies of those po1kxs in the C\'CDt )UJ decide to joiD us. In tht DOlilliltte, a you haw 8rlJ quemans
reprdmg this letter, plase ghoe tneJA call. We lootfonyard t o ~ from you .
.· . . . .. ' . . . . . .
I •
Very traJy yours,
. ~~~
President
Bysipi.llg ~ indicate your "'"?'P'A~ ofC.C.LS. 's offer of employmeDt ~-~ with the terms
bciow.
outlined~ and in t h e ~ N ~ and CoufideatiaHty A&t==t ·
Signod:_ _ _ _ -=-------
PriittName:
Date:._ __ ·- ---,-.----.... \.
...
• I ,_' .
NOTICE: 1bi:5 Agreement is a lepl document which imposes Yarious restrid1ons upon you, including rcstrldiGns
on the types of acdvities or emplOj'Ql(mt you may~ in dmin& and after~ e:mpoyment wiih
Commomwalth Code Inspeaion Services, !De. The Agreement is a condition of )Q11 i:mp!a,mait with the
Campany. ~ read t i ~ prior~ s i ~ it and fed free _to comuit a n ~ if you wish to do so. _
f • ~:' ' • • . ~ t
2. LOYALTY: During his cmploymcm witll Empla,u, EmpiO}'ee &hall loyally and aimdemiously dcMJtc his or
her best wmk dforts &alcly toward~ businms ofEmpto,cr in a_a:ianner oonsiSrem with Employa'a policiet and
prueedwea. Emp!aytlC will not enp,e in an,y otht:r' empk,jmctd or ~ncss 8L1iviry whilL e:uqAo)od by Em_ploya-
without the prior MiUal CODSCDI o f ~.
. .· : __. ·· . .
.l. CONFIDENTIALITY: During the couneof hl5'hcr employment, l!mpto,,ec will bave 8'l0l:&S8 b> confldrnrtaJ
and pq,rida!y mtonnanon "(''Confidcntvd Jnfommion1 belonging to Emp)oyer_ iuctocfing ~ not limited to: (I)
client andeas1omer ll4mtd, ·1ms. R001ds m:J iilformation (pal, present and prospec:tin clients induded). (2)
&Dp!o,a's basins ·leCOlds. mf'thodl ind strategtCs. pending pngocu 111d proJ)OSa1s, proaedme inannats. pris:ing
informatkm, mnbting '1:!mgfm, ma1erialS research, techo~t data and Cmmuias and (3) cmp!oyce lim, names, -
· file infomwion and -payroll data.. ThiS C®fldr,ntiaJ lmolmation was acqu:im1 by ~ after amsiderable
e ~ time and ea:rgy and is vftaJ to the 00D1iD.aaf mccess of Employa'1 tmmes, The panics ac:knomecf8c
and agnie that Coafidemial lnforma1ion ii aunique and fthlable u.sea of Empio,-er and that sacli information
cxmstit:uic:s hadc l1CClU5. ~apes that Ile/she, aball aoi at arry time "'1inghi&/htr em.ploymem with
Earplcym' or at my time thmeafb:i diaclosc any CoofMcntiaJ Infbrmatioo co any pcmon or cnmy em,pt as ·
rasonably nermmy io pedorm hiilha jab 'dmia fbr Emplo}w, nor sllal1 Employee~ me any ConffdmtiaJ
I1lfDnnation fi>rhi!lberawn _benefit arfm ~~ of otllers wfthout~oycits prior wrincm IU1bom.ation.
4. NON-COMP£rn RES'J1UCT10NS: Except as ICC ry to perfonn hi&'her- job \lith _Employer, Emph,:,ee shall
DOt, dllring his/her emp1oymenl and for a period of tweM (12} months thereafter ("restrictive period"):° ·
(c) ~ or indirea)y inteifete •with any of Emph,,er's aamnts rtr business with anf.ctient or <:UStamei. • •
Th~-sc CO\'Cn:ims shall continue 10 ilpply during 1he entire 1wclvc (12) month rcslrielivc period, rcgardl~ ofrhc
circuo1S1allQ:s under which Employee's employment is tcrmin.ilcd. ·
5. Flff'URE EMPLOYERS: Emplorec shall lender a copy or this Agreement 10 Employee's new cmpJoycr(sl
!1tJring the 1wch·c (12) month restrictive period to ensure that Employee's future employers have knowledge aftitc
restrictions contained ~rein prior to enlcring into an employment relationship with Employee.
6. RE~1EDIES: In addition 10 any money damages a.rising, <luc 10 Emptoye.c's brcuch or the lernis of 1h is
AgrecmcnL Employee acknowledges that Employer will ~Lffcr irrcpar:ible lulrm in the event ofa breach and 1hn1
Employer shall also be entitled to injunctive rel ref 10 remedy such a brc;ich, Employee .1lso agrees 1h.·i1 Emp!o}~r
.sh.111 be entitled to l'CCO\·er its attorney's fees nod costs incurred in connecli~n wilh enforcing lhis Agreement.
7. E1''TIRE AGREEMENT: Trus Agrttmenl constitutes the entire agreement bcrwccn the parties pen:i.ining 10
couftdcntiality. rson-solidtation and non-competition ;iod supc~s all prior agn:emcnts pertaining lo lhese
subjects. This Agreement~ not affect Eniploycc's stalus as an at ~ill employee. Likewise: no amendment 10
this Ag.recmcnl shall be binding unless ii is in writin_g and signed by bolh parties.
8. WAIVER/VALIDITYiASSIGNMENT: Wajycr of any provision of this Ag.ree1~1ent will not ha,·e :iny effect on
the n!St of (he Agrccnicot nor will it Ix: construed as a waircr of a su~uenl breach. If any of the provisio~
contained in this Agreement arc.. for any reason, held to be C.'\ccssively broad as 10 time, duration, geographical
scope. activity or subject, it shall be con51:rued by limiting 3.!ld rroucing it so as to be enforceable to the a1en1
compatible with npplic.ablc law. lfneccssa~·. rile Agreement will then be amended to restore the original intended
putpOSCS and rights of lhe parties. This Agreement may be assigned by Employer to a successor eqiployer in:the
e-."t•n: the Employer is bought, merge.cl or consolidated \\itlt another entity.
~- EMPLOYEE ACKNOWLEDGEMENT: Etnploy~ aclo1ow!C(Sgcs as follows: (I) he/she has been given a
rca~nable opportunity to micw lhis Agreen1en1~ (2) he/she underst:inds lhc meaning oft.bis Agncment; (3) Ub!
1cims ofrhis Agreement nre reasonable end '%ill not have the ·effect of WlfC?SOnably restricting the Employee from
earning a ti,ing suhsequenl lo rus/her einployntcnt with Emplo}'er: (4) th.al Employer will suffer ~rioos and
im:p.uable h.mu in the event Employee breaches this Agreement and that Employer s.h:111 be entitled to it:iunctivc
rt'lief as well as any 0U1er legal remedies B\'ailable in tl1e c\'enI of such brt'..ach. ·
NOTICE: This Agreemem is a lep1 document whicb imposes various restrictions upon you, iocluding restrictions
on the cypcs of activities or cmploymcm you may t.opge in during aod afta" your cmployme:m with
Common,l,:alth Code hlspcctioD Scrvica, Inc. The Agrec:ment is a c:oodition of your employmem ..ritb the
C.Ompany. Please: read it carefully prior to signing it and mcl frc:c to _consnlt an attorney if you wish to do so.
l. BACKGROUND:. This Agreement is entered into as qt Dcccrnm t!, 2000 by and between Commonwealth
Code Inspection Scmc:es, Inc. (9Emplgyu") and tho mldersigncd Emf)loyee ("Elllplrlyrie"). EnipkJyeF is a regional
dectrical and billding in5pection service company wbic:b condacts business in five aarm.. Employer has gn,wn
nrpidly, .larselY bealase of mnet\Wdc ot comacts withm the industry anc1 itt spocialized b.mDC&S QI0\\1cdae
servu:es.
pertaining to electrical anti b111l ding inspectim1 Employee is itUercstcd m becoming~ bf
~ and. after having read this Agreemmd, has decided to ia;q,t .Bq)layer's offei o f ~ subject to
the tmns and 00llditiom ll1ated below. In considenoon for his/her emp!oymcnt w i t h ~ . Empt~ agrees
to the tmm and conditions bdaw:
2. LOYALTY: Darin& his cmploymeut with Empla,a-, Employ« shall loyally and conscientioas)y devote his or
bet best worlc effmts soldy toward the bllsiness QfF.mploycr In a J111I1JJeF roitSisro,r Mtb Bmplaya's policies and
procedmcs. Emp!O}-ee will nor engage in any otbc:r empJoyment er business activity w h i l e ~ l,y ~
withClll the prior wriuen conseut of F.mplO)'CI'.
3. CONFIDENTIALITY: During the c:ourse-of hislbet employmem, ~ will h2M: a0ClCIL, to amfidentiaJ
and P'OPl'ietary imotma1ion ("CMfidentiaJ lnfonnaaiou") belonging to F.mploycr, iupnctiq '-1t oat limited to: (1)
d.it.n.t aDd custoffltf mmes. lh1s, ft'l001ds and u(crrwtion umt,. -pment and prospcc:ti~ diellls mcladcd), (2)
Employer's bminm Rmnk, mrtbocls and strategics, pending projects and proposals, ~ manuals, 'p ricing
information, nwbting stratqpes. material& research. trd,nical data 8Dd formulas and (3) employee lists, names, .
file infonnatioa and payroll data.. This Comidmlial lnfomumon vm aapn:d by Employer after comiderable
expcme, Ci.me and uxrgy and is viw to the continued success of Employer's business The parties acknowledge
and auee that C®fldentlal Information is a unique in4 valuable as.w:t of Employer and that such i.Dfmmation
coastitutta trade secrds. Employee, agrees that he/she shall not at aey time dming his/be:r cmploymen1 with
EnrplDyer or at any t i m e ~ disclose miy Confidenrial laformation to 8f1.'J pc:rsoo or entity~ as
reasonably neoeuary to perform hwher job dDtics fur Bmployer, nm shall Employe:e C\'Ct use any Confidential
Information tbr his/ha own ~ or fer the bcndit cf others widlom Emplo,ua prior written ambaiizatiim..
4. NON-COMPETE RESTRICTIONS: Excqx as necessary to perform his/her job v.ith Employer, Employee shall
not, dnring his/ha employment and for a peric;,c:f of twelve ( 12) months lhea&r rrr.stric:tive
pcriodj:
(a) diru:tty or indi..rectly, either on behalf r4 Employee or far III)' <1tbcr person or cmttty, comact ar solicit
Employer's diems and aJStomen in any manner unle8s such comaet or solici1ation is solely iutcnded to poain
business for Emplaycr.
(b) din:ctly or i.ndiffl:tty. as an employee, apt, c:onsu.ltam, stoctholdcT, propriaor or olbcnisc, enpgc in
the busincs5 af elcctrk:al aod ~ inspcc;tion scrviccs or rda1cd services ro>mp;itivc Scrvia:s") in
competition with EmpJoyer within any county in which Employer err itt: affiUarc:s and subsidiariea dl'I business or
did tmness·within the twdl-e (12) mon1h p:riOd immediately preceding the cmpk,yce's sepandion of emp!oymm
from F.mployer, regardless of whether Emp!oyce womd in said cosmries
(c:) directly or indin:ctly ~ ~itb any of~oycr's 110QD(lnts or business witb any client or eustomer.
(d) diRctly or indircafy contact or solicit in any manner any employees ofEmplcyer to encourage or J)C:rSUadt
them to leave employmea1 with Employer or to .aocq,t employment elsewhere.
ThcsecoYCDllUS shall ~ D C to apply during lhe entire tRfye (12) month ~l'Crlod. .rcgmd)css oft.he
ciiannstanoes mm which Emplo,ee's employment is tmninated.
5. FUruRE EMPLOYERS: Employee shall tender a copy of this Agm:mcm to Emplo)'ce's new employer(s)
duriDg t h e ~ (12) IDWdh restrictive period.t o ~ that Employee'S future employm havt knowledge of the
restrictions CODlaincd herein prior to enterulg into an employment relationship with Employee. ·
.... 6.. ~ I E S: · 1n addition to any mmu:y damages arisfn& due to E ~ breadi of the terms o!this
Agreement. En:iplayec acknawlcdgcs tbat Employer will smfedrrcparable hann in the C'YCJ1t of a breach and that
Employer shall alto be enlitk:d to iajunctm relief to remedy m:h a triach. Employee also~ that Employer
shall be entitled to recavu its attorney's fees and 00SIS incurred in connection with enforcing this Agrccmcnt.
7. ENTIRE AGREEMENT: This Agrcemant conswut.es the entire agreemmt bctwocn the pertit.S pcrtajmng to
confidemia.lity, non-Sl0.licitation and non-compelitioll and supc:rscde&,all prior agttemc:ntl ~ to these
subjcds. This Agn,cm.em does not affect E ~ ' , status as an at will rmplO}'eC,. Lmwise, no a_ mendmcnt t,o
this Agreement shall be binding unless it iB ~ writing and s!gncd by both parties.
9. EMPLOYEE ACKNOWLEDGEMBNr: Employee acknowledg=s as follows: (1) ~she ha$ been gtYen a
reasonable oppartmrity to review this Agreement, (2) he/&hc undmtaDds t h e ~ of this ~ t ; (.3) the
terms afthis Ag,e.ement are rmmab!e w will not have the effect afunmsonab!y ~ the Employee from
amting a living subscquemto ~employmmt with Employer; (4) lbat Employer will suffer ICrions and
irrqia.rable harm in th: emll Employee~ this Agreement and that Employer shall be entitled to injundM
.. mid as·wcll as any other legal mnedies available in the eYent of such breach.
.Date:TOv.u, izJI o/
· EXHIBIT ~'C''
f>. Cle,:~ tfalot. :· :-.- e,;:1,:
M~tMICIPj l ~.:.:,_:,:u·::, G~· :,.J
Cu)~·
A Lt l.!it.J( 1:
-------~·,.._ ___ -··- --·-----
:•,.,: -;..., •. :.~-:;-. •,..... 1·:.~:,:.: :. '
........,__
China Buffet
9E3 Wayne Ave ..
Chambersburg, PA 17201
RE: Notice of Violatf~evocation ol Health Ucens.e/Eating and Drinking Establishment Liatnse tor: China Autfe1
E:~ting ,md Orint.ing ES:ab!1sl'lment Liceose. 9/;j W'lf'Jne Ave .• c.t,arnbe<sburg. :>.~.
i t~o-.-.: :eviewi-:d 1-''lur r.:t,:ir-t> ct \'icli:t:Ofl aated .l,1,6,·1::, -..,.;,e:::in yoi, -.~re Clf':?'-j rnr !'Jlilltipl?. -.:i!Jfltion~ .)f tr.i: Perns\'lvanl.'lo
Fo~.: Cc:lt nne 7 Cl'lap.:ir 4" (If 1~ F'en,1syt-.,.;i·,1o C.:-le f have a:s,,, revi(......,,-:, !he dcwm1.:ritatio1i ,cil 1><<>11tded 10
Conr.ronwei.'llfh coae lr..:.p~dion <301.,,ic;r; ~-rlrt~,·day 3.'<'.CttS i., ar, a!IP.P.">P.I to ,.cµar. ;,o~ '·:JC't,ty ,ne !icx:,11~c1a:iot1 is
:-:01 "'r1t::.it4ah~ for •~ 10 ;)IOCESS Vo:..-:~..,?..;\~ 10 dp;,t""e re 1$suanc1: of ·,ovr 1-1:-ahh L·•:en::.,:,, al th;~ tirne. I have tl'le
lulitMir~ .:cmc~\s·
In a ::oordan~e: .-,:th
ywr 311 ~m 5 No1k,; c·l Vi::.:ld1><;i, can:-.cncd} you were <ltrectfet !o obt.aio lhP. ;;ar..•kes of a
quali;.~ 1000 SclVice ptot~J,si.;nat =ar.-11:ie at prepanll(J arY.! 11f!J)icmer:fo1g a Haz~rc,s A:ialysls CriTic~ ConirDI
?~nt Pian fer -;<JUf fa.:;;iir,. YC',u Y.ere runi-~r directt1d lo h&v~ this pro.'P.ssinmi: c;ru;!:l(:t tne i-tl;la!U'I Dep,:.ttme,-,t
immediately to present h~ c,:..ialif,catiOnS fo( acproval ¥---: ,o ttlen wo"'k witn tt-e Heallt: De....aruner,: :o P,i>OU<.-e a
pl.;,n ihar wa!i. sc.~ep1able c:ml a;padf.c to y0tir fa.:ility.
tnstead J'OU na.~ i;crt.videc a 51 PD91! docurrlt'.nt le; us lo: r~v1e1N b~ ;in uoi.nOWfl il-. itt,or w•ltl WM!~
qualificat,0.1,. Our office r..s:> tlad ~o co.1ta,::l\\:lti a ·vva~a and Ass0<.·..:,tes· ero ,:;ali lind:,.:, reco,,~ ofin,!.
bu~r.i;sc l(l pt.bl,!'. r~-Ol'ds No 1e111•.-:c~n,~ll111> 'rc.m ~ or~tr,izaht,ll r..;~ c.oNr,ct•.·'1 01,r offrc:~ as :.,-~r~ ·J by )'OUr
:::/18i15 Noli(:<! Cl Vittzll::n.
lhe 51 p~e dv<.:,Jm!:.,I : :pr,i;-:;r~. W !lc:v•.:; t:P.-all p,o,:iu::.,-j lut an<1thi:.-1 •:1",til~ , ,, 1·: 01n+:1wis~ 1r.c.;:'llp!P.l>: a,- ;t.r,r~ 1a,
r.o :o~ntrlical;.;:'1 lhnt tdls ',IS .vile. prepared 1hr. dx,1,mr,r.i ;;n.:::J h">r wlicm rt wa •. i::t~O.Jlf:d We ,,w.., :-io r.:-;oms of
,myont: s ,:iu.;tt!Jcauo,,o; as owi~r,i:o 1,y 1he Jl!l:''!5.
Ph:c>!•~ rt::ca · ~<.,a,i, t ..· U·-"C" ::J~ 3, !5 Now:..c o: .J:Ola~ f.lr, •"•• ·•t.·f'/ t-1,:.cc1~,:, tns.tructh><• :-,r.-.::1fe:r a~~i!>r, on.- p~tn to
4
:<;I!,,;.; low.1,::: co111pti;;nce I l'l!A~ qa:,~:,:-.f i.•:•,r-,_,l ~;,<':ilk pari!\~•~Ol :s t7tfow !?,::, ,c.'ie.r f.,, r•-~•• r::'lt<•:11~ .
Howt- ·, et 1nr. ,:nfir,~ rfti.;urN:nt sr-,.,:.,1<1 b-: ef.-; ,:rnied dY..et/ and t ·; i r . ~ -.,r.ri, cr,!; ,plr:t~I} .
• On,:e yot1 ha\.:: e.i:omine., tne Not•ct: ~, Vio!,fon anri :'.':,c.;: >'<·U :;.'>/lei~l:md &,•s :-1r.er. oieas'? i'ISfruCI ,eur
-:iuaii!~ lrx,J x-r.-;Q:! orott.•~sior.a• 0 1 oon!•.J!:ru11 w COl113'.;t ::>vr ·Jif;,;~ ,,,'!l1£;/,alti~,' !>o we ma;· tc•,;iew a .:·:,mp!rne
1-!ACCf' P:Jr, L"i;:,: ,., ~::c:fic lu )lt"lur !.:-:.,li,y i,f0 t,l);at :1i vf!Sl!)n~ fo .1~;jr~S'.i .;.II tile ,;ff:ldS of ;,i.Jl,:,tion that "{C\Jf
rer.:-,r.1. !".at::19 ,·:'YJ t2riJt..u1;: -:::::abl1sr-.niun ~"l:.ll',\°:'.;:Jn rcv~.:11<.:l .
i-'le,•...t. mrnpty witr, tt~•.,; r1<t•,;,a:; dl.rl re-qi;,:.!,,;. t.mtt; fa;;!11un C.;r.1.;,,: t ow ;ie1,o:.<1el U,,r,i.;.)ri ;,:1; phc..ne o•il'l!CC/
lisli:d .:U.\OV9 ~· t\' c•:nn~ ::l!rc-.:tly lo (''l ;l!ltl':)ac;r, . ill..a l:Sl t;i] ;.:,o~Q. YClll <ii •; Mt i,~rmitted !.) ret);>ell !nl:; 1..-ti!lty unless atlCI
1.ntil a'l l"I~ ,.,u1,t-.:nd1<,<; r;:;MJ~·, • .;1r!! r-:.-:";Ol'/r.!C: to tN, o!;ct:w.1t ,:,t tt1.:· in'Sp~•ctic,n i;;t&:I ,.;rrd a f:;:v( .-;it:I~ ,a;X,c~ ~ ,e,..,rrtN tc the
Ht::c-'!J· t;,:;)&<1m.:;~!.
~ir.-~erely.
(·. ,r::,~.•. - r::.. ~,~:.
f;; C-:,:-m /✓.;Jk,1 r.lCP CFl,l
!-.;;al 11: CO!j-; O!fi-:,ill
.,
-Commonwealth Code Inspection : 1N THE COURT OF COMMON PLEAS
Services, Inc. : OF THE 39rn JUDICIAL DISTRICT
: FRANKLIN COUNTY, PENNSYLVANlA
Plaintiff
No. 2015-1652 CIVIL
V.
Defendants.
CERTIFICATE OF SERVICE
AND NOW, this _ _ _ _ day of August, 2017, I, Zachary E. Nahass, Esquire, of the
CGA Law Firm, attorneys for Plaintiffs, hereby certify that I served the Amend the Complaint
on:
VIA FIRST-CLASS
DATED: _ _ _ _ __
Zachary E. Nahass, Esquire
(0JJ23,WI}
Commonwealth Code Inspection : IN THE COURT OF COMMON PLEAS
Services,Jnc . : OF THE 39TH JUDICIAL DISTRICT
: FRANKLIN COUNTY, PENNSYLVANIA
Plaintiff
No. 2015-1652 CIVIL
V.
Defendants.
CERTIFICATE OF SERVICE
AND NOW, this 4th day of October, 2017, I, Heather Hunter, Paralegal, of the CGA Law
Firm, attorneys for Plaintiffs, hereby certify that I served the Amend the Complaint on:
VIA FIRST-CLASS
~~-
Heather Hunter, Paralegal for
Zachary E. Nahass, Esquire
(0132H6311 t