LAW OFFICE OF

BRUCE D. MAYFIELD
Admitted in
Kansas & Missouri
Peggy Stamm


CHARTERED
Historic Voigts Building
7944 Santa Fe Drive
Overland Park, Kansas 66204
BruceCmMa 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
Ci vil Litigati on
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
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 well 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 call ed, 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 wi ll 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
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 lawful 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 incl uding t oday's date as
follows f or each dat e services were offered I provide the fol lowing i nformation:
A.
B.
c.
On (Dat e) _______________ I received services as follows: {check all t hat apply)
a. [.., Hair Cut 0 Hai r Color J Wax [ Permanent 0 Foil
0 {ot her, pl ease describe) _______________________________________ _
b. Total I paid for servi ces {not gratuity): $ 0 Cash 0 Check D Credit/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 t he front and back of the check, if paid by credit or debit card
please provi de a copy of the receipt or the statement detailing the transaction, if paid by cash please
provi de 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. Total I paid for services {not grat uity): $ Cash D Credit/Debit Card
c. Gratuity/ Tip: $ D Cash [l Check Card
d. Tot al I pai d f or 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 pai d by credit or debit card
please provide a copy of t he receipt or the statement detaili ng the transaction, if paid by cash please
provide a copy of t he 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 t he check, if paid by credit or debit card
please provide a copy of t he receipt or the statement detailing the t ransaction, if paid by cash please
provide a copy of t he receipt.)
Letter and Affidavit Prepared for Peggy Stamm
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 detaili ng the transaction, if paid by cash please
provide a copy of the receipt.)
E. On (Date) I received services as follows: {check al l t hat 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 t he 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 t he 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