Oliver's Salon Att'y Letter 29 March 2012 (highlighting added)

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LAW OFFI CE OF BRUCE D. MAYFIELD Admitted in Kansas & Mi ssouri Peggy Stamm CHARTERED Historic Voigts Building 7944 Santa Fe Drive Overland Park, Kansas 66204 BruceCm Ma vfi c ld la w.com 913-649-8404 Telephone 913-649-8494 Facsimile March 29, 2012 In Re: Johnson County D;str;cr Court Lawsuit Number: 11 CV 10766 (t.) Personal & Corporate Ci v il Litigation O!;ver 's Hcdr Salon, L. C. v Dav;d Elliott and Amy Kurtz !dent (lied Potential Trial Witness: Peggy Stamm Dear Ms. Stamm: I am writing to confirm this law firm has been retained by the Plaintiff in the above referenced lawsuit and in recent sworn testimony provided by witnesses, you were identified as a potential witness in the matter currently pending. The substance of PlaintifTs lawsuit is to seek enforcement of a written employer/employee non-competition agreement. Please be advised, as legal counsel for plaintiff, this law firm is obligated to establish all lawful evidence of 1) all services provided to you by David Elliott, 2) amounts you paid him including gratuity and 3) all dates where services were provided to you. This law firm will be soliciting your testimony and written documentation including receipts provided, cancelled checks and any correspondence you may have exchanged with Mr. Elliott. Sworn testimony provided by David Elliott on March 15 111 , 2012, has indicated that you have received services from him after November 18, 2011. Unfortunately, you are now a probable witness in this litigation and we will need sworn testimony from you in this matter, regarding the service's you have received now and in the future. Our options, preliminarily, will necessarily be to solicit your testimony by simple affidavit (form attached) or to formally subpoena you to attend and bring records to a formal deposition in our office to testify under oath before a certified court reporter. Ultimately, you may be subpoenaed to appear at trial in this matter and bring specified banking records as required. I do not now know when or if trial will be scheduled. Attempts to accommodate your schedule will be made but unfortunately we cannot assure you that it will be convenient with your personal or work calendars. Letter and Affidavit Prepared for Peggy Stamm

Transcript of Oliver's Salon Att'y Letter 29 March 2012 (highlighting added)

Page 1: Oliver's Salon Att'y Letter 29 March 2012 (highlighting added)

LAW OFFICE OF

BRUCE D. MAYFIELD

Admitted in

Kansas & Missouri

Peggy Stamm

CHARTERED Historic Voigts Building

7944 Santa Fe Drive Overland Park, Kansas 66204

BruceCm Ma vfi c ld law.com

913-649-8404 Telephone 913-649-8494 Facsimile

March 29, 2012

In Re: Johnson County D;str;cr Court Lawsuit Number: 11 CV 10766 (t.)

Personal & Corporate

Civil Litigation

O!;ver 's Hcdr Salon, L. C. v Dav;d Elliott and Amy Kurtz !dent (lied Potential Trial Witness: Peggy Stamm

Dear Ms. Stamm:

I am writing to confirm this law firm has been retained by the Plaintiff in the above referenced lawsuit and in recent sworn testimony provided by witnesses, you were identified as a potential witness in the matter currently pending. The substance of PlaintifTs lawsuit is to seek enforcement of a written employer/employee non-competition agreement.

Please be advised, as legal counsel for plaintiff, this law firm is obligated to establish all lawful evidence of 1) all services provided to you by David Elliott, 2) amounts you paid him including gratuity and 3) all dates where services were provided to you. This law firm will be soliciting your testimony and written documentation including receipts provided, cancelled checks and any correspondence you may have exchanged with Mr. Elliott.

Sworn testimony provided by David Elliott on March 15 111, 2012, has

indicated that you have received services from him after November 18, 2011. Unfortunately, you are now a probable witness in this litigation and we will need sworn testimony from you in this matter, regarding the service's you have received now and in the future. Our options, preliminarily, will necessarily be to solicit your testimony by simple affidavit (form attached) or to formally subpoena you to attend and bring records to a formal deposition in our office to testify under oath before a certified court reporter. Ultimately, you may be subpoenaed to appear at trial in this matter and bring specified banking records as required. I do not now know when or if trial will be scheduled. Attempts to accommodate your schedule will be made but unfortunately we cannot assure you that it will be convenient with your personal or work calendars.

Letter and Affidavit Prepared for Peggy Stamm

Keith
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Keith
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Keith
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Page 2: Oliver's Salon Att'y Letter 29 March 2012 (highlighting added)

Easy is better. Our o11ice would prefer to obtain your information by affidavit, signed and sworn to by you before a notary public. You can mail the affidavit form (as attached) along with any records in the enclosed self-addressed envelope. Feel free to consult your own attorney if you have questions.

Our legal system supports the freedom of individuals to enter into employment contracts as we ll as the right of small business owners to protect the businesses they have grown and invested in which provide support for their families and the families of all the other employees who work for them. The price of living in a free society, not unlike serving on a jury when called, is to provide testimony and evidence in litigation where those rights are at stake. This case is just such an opportunity. When all citizens participate in our judicial system when requested, it is fair to expect it will function properly and be there for our own needs in the future to receive the fairness and justice we have been guaranteed in our Constitution.

I will respectfully request your return of a completed affidavit form in 14 days so that a subpoena for you to attend a more formal deposition may not be necessitated. If you have any questions or concerns, feel free to send me an email at the address identified above. Thank you in advance for your assistance in this very important matter.

BDM/rlb Enclosures cc: Client

Letter and Affidavit Prepared for Peggy Stamm

Keith
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Keith
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Page 3: Oliver's Salon Att'y Letter 29 March 2012 (highlighting added)

IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS

CIVIL COURT DIVISION

Oliver' s Hair Salon, l.C.

Plaintiff

v. Case No. 11CV10766

Court No. 2 K.S.A. Chapter 60

David Elliott, and Amy Kurtz

Defendants.

Affidavit of Peggy Stamm

STATE OF ) ---------------------COUNTY OF ______ _

) SS: )

I, Peggy Stamm, being of lawfu l age and being duly sworn on my oath, allege and state t hat I have received goods and or services from David Elliott since November 18, 2011 up to and including today's date as fo llows for each date services were offered I provide the fo llowing information:

A.

B.

c.

On (Date) _______________ I received services as follows: {check all that apply) a. [.., Hair Cut 0 Hair Color J Wax [ Permanent 0 Foil ~ Product

0 {ot her, pl ease describe) _______________________________________ _

b. Total I paid for services {not gratuity): $ 0 Cash 0 Check D Cred it/Debit Card c. Gratui ty/Tip: $ D Cash ,] Check .J Credit/Debit Card d. Total I paid for product: $ D Cash D Check :J Credit /Debit Card

{If paid by check please provi de a copy of the front and back of the check, if paid by cred it or debit card please provide a copy of the receipt or the statement detailing the transaction, if paid by cash please provide a copy of the receipt.)

On (Date) _______________ I received services as follows: {check all that apply)

a. Hair Cut D Hai r Color l' Wax Permanent Foil [.., Product

D {Other, please describe)---------------------b. Tota l I paid for services {not gratuity): $ Cash ~ Check D Credit/Debit Card c. Gratuity/ Tip : $ D Cash [l Check ~ Credit/Deb i t Card d. Total I paid for product : $ L Cash J Check rl Credit/Debit Card

{I f paid by check please provide a copy of the front and back of the check, if paid by credit or debit card please provide a copy of the receipt or the statement detailing the transaction, if paid by cash please provide a copy of the receipt.)

On (Date) _____________ I received services as follows: {check all that apply)

a. D Hai r Cut 0 Hair Color D Wax ..., Permanent .J Foil :::::! Product 0 {other, please describe) _____________________________ _

b. Total I paid for services {not gratuity): $ .__, Cash Check D Credit/Debi t Card

c. Gratuity/Tip: $ cJ Cash Check Credit/Debit Card d. Total I paid for product: $ Cash w Check Credit/Debit Card

{If paid by check please provide a copy of the front and back of the check, if paid by credit or debit card please provide a copy of the receipt or the statement detailing the t ransaction, if paid by cash please provide a copy of the receipt.)

Letter and Affidavit Prepared for Peggy Stamm

Keith
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Keith
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Page 4: Oliver's Salon Att'y Letter 29 March 2012 (highlighting added)

D. On (Date) I received services as follows: (check all that apply)

a. 0 Hair Cut 0 Hair Color 0 Wax l, Permanent 0 Foil C Product 0 (other, please describe) _ ____ ____________ ______ _

b. Total I paid for services (not gratuity): $ ' Cash J Check D Credit/Debit Card

c. Gratuity/Tip: $ Cash J Check J Credit/Debit Card

d. Total I paid for product: $ '-' Cash J Check ::J Credit/Debit Card (If paid by check please provide a copy of the front and back of the check, if paid by credit or debit card please provide a copy of the receipt or the statement detailing the transaction, if paid by cash please provide a copy of the receipt.)

E. On (Date) I received services as follows: {check al l that apply)

a. 0 Hair Cut 0 Hair Color 0 Wax 'l Permanent [ Foil J Product (other, please describe) _______________________ _

b. Total I paid for services (not gratuity): $ Cash 1 Check Credit/Debit Card c. Gratuity/Tip: $ Cash " Check Credit/Debit Card

d. Total I paid for product: $ l Cash J Check 'J Credit/Debit Card (If paid by check please provide a copy of the front and back of the check, if paid by credit or debit card please provide a copy of the receipt or the statement detailing the transaction, if paid by cash please provide a copy of the receipt.)

F. On (Date) I received services as follows: (check all that apply)

G.

a. 'J Hair Cut C Hair Color Wax ._. Permanent l' Foil Product (other, please describe} _______________________ _

b. Total I paid for services (not gratuity): $ r-, Cash l Check 0 Credit/Debit Card c. Gratuity/Tip: $ u Cash l' Check u Credit/Debit Card d. Total I paid for product: $ J Cash 0 Check D Credit/Debit Card

(If paid by check please provide a copy of the front and back of the check, if paid by credit or debit card please provide a copy of the receipt or the statement detailing the transaction, if paid by cash please provide a copy of the receipt.)

On (Date) ________ I received services as follows: (check all that apply}

a. ~ Hair Cut D Hair Color L Wax J Permanent Foil J Product l, (other, please describe) _ ______________________ _

b. Total! paid for services (not gratuity): $ [ Cash C: Check 0 Credit/Debit Card c. Gratuity/Tip: $ [ Cash u Check l' Credit/Debit Card

d. Total I paid for product: $ :::J Cash Check r Credit/Debit Card (If paid by check please provide a copy of the front and back of the check, if paid by credit or debit card please provide a copy of the receipt or the statement detailing the transaction, if paid by cash please provide a copy of the receipt.)

Please add any additional information if you wish to this affidavit as follows:--------- ----

FURTHER AFFIANT SAYETH NOT.

Peggy Stamm

Subscribed and sworn to under oath before me this _ _ day of ____________ ___J 2012.

Notary Public My commission expires:

Letter and Affidavit Prepared for Peggy Stamm

Keith
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