Loading...
HomeMy WebLinkAbout03-1925 SLIM TIME BEAUTY SPA OF CAMP HILL, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. DIANNA CARMICHAEL 702 Hill Top Drive New Cumberland, PA 17070 No. 03 - ,q~ c.'-Ot( <-r-~ CHRlSSORKIN 16 Maybelle Court Mechanicsburg, P A 17055 BETH PIEFFER 206 East Grenada Avenue Hershey, P A 17033 CNIL ACTION - LAW NOTICE 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 ((800) 990-9108 (717) 249-3166 HBG\113184.1 SLIM TIME BEAUTY SPA OF CAMP HILL, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. DIANNA CARMICHAEL 702 Hill Top Drive New Cumberland, PA 17070 No. 03 - ,q~ C?~u~L~~ CHRIS SORKIN 16 Maybelle Court Mechanicsburg, PA 17055 BETH PIEFFER 206 East Grenada Avenue Hershey, PA 17033 CIVIL ACTION - LAW NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus porpiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 ((800) 990-9108 (717) 249-3166 HBG\113184.1 SLIM TIME BEAUTY SPA OF CAMP HILL, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. DIANNA CARMICHAEL 702 Hill Top Drive New Cumberland, PA 17070 No. 03 - lQJS C;lJ~L ~E/l.n1 CHRIS SORKIN 16 Maybelle Court Mechanicsburg, PA 17055 BETH PIEFFER 206 East Grenada Avenue Hershey, PA 17033 CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff Slim Time Beauty Spa of Camp Hill, Inc., by and through its attorneys, Duane Morris LLP, and in support of this Complaint avers the following: 1. Plaintiff Slim Time Beauty Spa of Camp Hill, Inc. is a Pennsylvania business corporation with an address of2300 Gettysburg Road, Camp Hill, PA 17011. 2. Slim Time Beauty Spa of Camp Hill, Inc. is in the business of providing health care services to its members. 3. Defendant Dianna Carmichael is an adult individual residing at 702 Hill Top Drive, New Cumberland, Pennsylvania 17070, and is a former employee of Plaintiff. 4. Defendant Chris Sorkin is an adult individual residing at 16 Maybelle Court, Mechanicsburg, Pennsylvania 17055 and is a member at Plaintiffs facility. 5. Defendant Beth Pieffer is an adult individual residing at 206 East Grenada Avenue, Hershey, Pennsylvania 17033 and received personal training from Defendant Dianna Carmichael at Plaintiffs facility. HBG\113184.1 6. Defendant Dianna Carmichael, in her capacity as an employee of Plaintiff's facility, was compensated $20 per hour. 7. It was part of Defendant Carmichael's agreement with Plaintiff that when she performed personal training services, the payment for the personal training services in amounts ranging from $30-$35 an hour was to be deposited to the Club. 8. At no time was Dianna Carmichael given permission to pocket any of the charges received from members for personal training services. 9, Upon information and belief, beginning around the year 2000, Plaintiff provided personal training services to Defendants Sorkin and Pieffer. 10. All fees generated by personal training sessions should have been paid to the Club. 11. Upon information and belief, the parties agreed among themselves that the payments for the services provided would be fraudulently withheld from the Club. 12. The monies for the services were either retained by the parties or were paid to Dianna Carmichael and never turned over to the Club. 13. In either instance, the conduct of the parties constitutes fraud and conversion. Count I Conversion Slim Time Club v. Dianna Carmichael 14. Paragraphs 1 through 14 are incorporated hereby as if set forth fully and at length. 15. Defendant Carmichael, as an employee of the Club, had a duty to deposit fees received for services at the Club into the Club till, which she failed to do. 16. In the case of services provided to Chris Sorkin, it has been subsequently learned that an amount of at least $9,680,00 worth of services were provided which were either not paid for or were improperly paid to Defendant Dianna Carmichael. 2 HBG\113184.1 SLIM TIME BEAUTY SPA OF CAMP HILL, INC. V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-1925 CIVIL TERM CHRIS SORKIN IN RE: ARBITRATION ORDER OF COURT AND NOW, July 5, 2005. the Court having been informed that the above-captioned case has been settled prior to hearing, the panel of arbitrators previously appointed is vacated, and Jacqueline Verney, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By the Court, .J. Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Court Administrator ..~ ~ 1_o5-0:! C;- ::0- M ~ ~ I-"' a-. =><r: w9 x: ()~ fE~ '"'" (-.)~ ,'::13 ~~ IJ") ->S~ I :;j0- -' ".-""7' .-.'--.6'- o:~ ~ ,_,,1LU coo... "" ..~::: 15 = ::) = () c-.. 17. In the case of services provided to Beth Pieffer, the Club has learned that an amount exceeding $5,580.00 worth of services were provided, which payment was not received by the Club or was improperly paid to Defendant Dianna Carmichael. 18. These services were provided at Plaintiffs facility. 19. At no time did Plaintiff authorize the provision of free services to either members or non-members of the Club. 20. At all times Dianna Carmichael represented to her employer that payment was being made for the services she was rendering. 21. Defendant Carmichael had an obligation to pay the fees to her employer rather than converting them to her own use. 22. Defendant Carmichael has acknowledged taking funds from the Club but has proffered the excuse that she "was only trying to get ahead." WHEREFORE, Plaintiff Slim Time Beauty Spa of Camp Hill, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against Defendant in an amount of $15,260.00 with interest, costs, attorneys' fees and whatever other relief the Court may deem just and equitable. Count II Breach of Contract Slim Time Beauty SDa of CamD Hill. Inc. v. Chris Sorkin 23. Paragraphs 1 through 23 are incorporated hereby as if set forth fully and at length, 24. Defendant Chris Sorkin, as a client of the Club, had a contractual agreement to pay for services received at the Club. 25. Defendant Chris Sorkin breached her contract by either failing to pay for services received altogether or by paying Defendant Dianna Carmichael privately rather than remitting the fees as she should have to the Club. 3 HBG\113184.1 26. Plaintiff has been damaged by the breach of contract in an amount in excess of $9,680.00. WHEREFORE, Plaintiff Slim Time Beauty Spa of Camp Hill, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against Defendant in an amount of $9,680.00 with interest, costs, attorneys' fees and whatever other relief the Court may deem just and equitable. Count III Uniust Enrichment Slim Time Beauty Spa of Camp Hill. Inc. v. Beth Pieffer 27. Paragraphs 1 through 26 are incorporated hereby as if set forth fully and at length. 28. Defendant Beth Pieffer was not a member of the Club. 29. Nonetheless, Plaintiff gave permission for Defendant Beth Pieffer to be personal trained at the Club so long as she paid the regular Club fees. 30. Personal training services were provided to Beth Pieffer in an amount exceeding $5,580.00. 31. The Club did not receive payment in full for the provision of these services. 32. Defendant Beth Pieffer has been unjustly enriched by her receipt of these services without payment. WHEREFORE, Plaintiff Slim Time Beauty Spa of Camp Hill, Inc, respectfully requests this Honorable Court to enter judgment in its favor and against Defendant in an amount of $5,580.00 with interest, costs, attorneys' fees and whatever other relief the Court may deem just and equitable. Count IV Fraud Slim Time Beauty Spa of Camp Hill. Inc. v. Dianna Carmichael 33. Paragraphs 1 through 30 are incorporated hereby as if set forth fully and at length. 4 HBG\113184.1 34. Defendant Dianna Carmichael defrauded her employer-Plaintiff by failing to remit monies owing for personal training services provided by Defendant Carmichael. 35. Defendant Carmichael fraudulently misrepresented to her employer that she was providing services for the customary fee and that those fees were being remitted to Plaintiff as required. 36. Plaintiff was damaged by Defendant's fraud in an amount in excess of $15,260.00. 37. In addition to Defendants Sorkin and Pieffer, Defendant Carmichael also provided personal training services without properly remitting fees in the case of several other members of the Club. 38. Defendant Carmichael's conduct was intentional and outrageous and should subject her to the imposition of punitive damages. WHEREFORE, Plaintiff Slim Time Beauty Spa of Camp Hill, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against Defendant in an amount of $15,260.00 with interest, costs, attorneys' fees and whatever other relief the Court may deem just and equitable, and in addition, impose such punitive and exemplary damages as the Court may deem appropriate. Count IV Conspiracy Slim Time Beauty Spa of Camp Hill. Inc. v. Dianna Carmichael. Chris Sorkin and Beth Pieffer 39. Paragraphs 1 through 33 are incorporated hereby as if set forth fully and at length. 40, Defendants herein conspired to engage in a civil conspiracy to prevent Plaintiff from receiving fees it should have received for the services it provided. All the Defendants 5 HBGll13184.1 benefited from this conspiracy which proceeded from at least the year 2000 until it was discovered in 2003. WHEREFORE, Plaintiff Slim Time Beauty Spa of Camp Hill, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against Defendants in an amount of $15,260.00 with interest, costs, attorneys' fees and whatever other reliefthe Court may deem just and equitable, and in addition, impose such punitive and exemplary damages as the Court may deem appropriate. Respectfully submitted, DUANE MORRIS LLP ~ <c. M..\.-~ Paula J. McDermott LD. No. 46664 305 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, PAl 71 08-1 003 (717) 237-5500 Date: 2..~ A~ 2.00 '3 Attorneys for Plaintiff Slim Time Beauty Spa of Camp Hill, Inc. 6 HBG\113184.1 , . . YER!FlC^'--ll~ t Cb.;;,~,l will, hereby depose: a:.ltl ~ta.~ thr..t 1 .ml the Pte5ident of Slim iime Beo.ut}' Spa .)f Ce.mp Hilt, kiL:o, Pit:intiiT herein, and J make thiS Vedioatton on behalf \If Slim TinH: Beaut) 5;)::1 of Canl'p n: ~j, UIC. I furtner !5ta.\~ that th~ facta ~I fonh in tile foregoi;-.g Compltl.int ....te true l.':ih.1 ;(lneo;t hased 'uron knowledge. information and belief This Veri1icariou i:, U1.ad~ suhjC:Cl ti) the pc:nai1je,'l of 18 p", (;,5. ~ 4904. re!clting to un&WOt'll verification to o.U1hmiue:s. DU1C: 1tl~2.._.__. ..' /. / '" '1".1.- g.i:~~ :rdl.I\11 :1I1t"- \ 7V (") ~-:.! ~ ~ ~ COo.J 0 ~ 't.' ,:,u :"'~ " ~ q: ,,- -ry u ,i f .u, .....-. ..,.: :;V ~L.: '~._) , ~ D -< .0- r-' ....... ::.:: \.- j -:} ..J.-:. tr. ~~~ -. ".... ~t ~ r:..? :~ -. :~ ...~) (1'1 ~ SLIM TIME BEAUTY SPA OF CAMP HILL, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1925 Civil Term DIANNA CARMICHAEL 702 Hill Top Drive New Cumberland, P A 17070 CIVIL ACTION - LAW CHRIS SORKIN 16 Maybelle Court Mechanicsburg, P A 17055 JURY TRIAL DEMANDED BETH PIEFFER 206 East Grenada Avenue Hershey, P A 17033 Defendants TO: PROTHONOTARY Please enter the appearance of Jeffrey B. Rettig, Esquire, and Hartman, Osborne & Rettig, P.C., on behalf of Defendant, Chris Sorkin, in regard to the above-captioned action. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P,C. ~. \ i~ /.. ). /" .. ' ,. 1.1. B~7 r1 . effrey B. Rettig, quire Supreme Ct. J.D. #19616 126-128 Walnut Street Harrisburg, PAl 71 0 1 (717) 232-3046 Dated: ;; IIi/D) Attorneys for Defendant, Chris Sorkin I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy ofthe foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Paula McDermott, Esquire P.O. Box 1003 Harrisburg, PA 17108-1003 (Attorney for Plaintiff) HARTMAN, OSBORNE & RETTIG, P.C. Dated: By: Jeffrey B. Rettig, Esquire .. 0 c 0 c: c...; -Tl -:7"" I -0 \,' ).-.. fl-' : ~. --, u.-.'_ ,,- --' -'J' ! L- r;!.!. " v\ ~:~ '-' -1"', ::.:: , ~.. );; c' :...) C_ 2~ .... '~iJ --i -(, ...J -< ~ -;l--~ SLIM TIME BEAUTY SPA OF CAMP HILL, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff v. NO. 03-1925 Civil Term DIANNA CARMICHAEL 702 Hill Top Drive New Cumberland, P A 17070 CML ACTION - LAW CHRIS SORKIN 16 Maybelle Court Mechanicsburg, P A 17055 JURY TRIAL DEMANDED BETH PIEFFER 206 East Grenada Avenue Hershey, PA 17033 Defendants NOTICE TQDEFEND .......""........;:.............c.,,,....'............,,.;....,..',....... YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (1-800-990-9108) SLIM TIME BEAUTY SPA OF CAMP HILL, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. No. 03-1925 Civil Term DIANNA CARMICHAEL 702 Hill Top Drive New Cumberland, P A 17070 CIVIL ACTION - LAW JURY TRIAL DEMANDED CHRIS SORKIN 16 Maybelle Court Mechanicsburg, PA 17055 BETH PIEFFER 206 East Grenada Avenue Hershey, PA 17033 Defendants A VISO USTED HA smo DEMANDADOI 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 comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada 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. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUlENTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (1-800-990-9108) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SLIM TIME BEAUTY SPA OF CAMP HILL, INC., v. NO. 03-1925 Civil Term DIANNA CARMICHAEL 702 Hill Top Drive New Cumberland, P A 17070 CIVIL ACTION - LAW JURY TRIAL DEMANDED CHRIS SORKIN 16 Maybelle Court Mechanicsburg, P A 17055 BETH PIEFFER 206 East Grenada Avenue Hershey, P A 17033 Defendants NOTICE TO PLEAD TO: Slim Time Beauty Spa of Camp Hill, Inc., Plaintiff c/o Paula McDermott, Esquire P.O. Box 1003 Harrisburg, P A 17108-1003 (Counsel for Plaintiff) You are hereby notified to file a written response to the enclosed Defendant's Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. By: ey B. Rettig, E preme Ct. #19616 126-128 Walnut Street Harrisburg, PA 17101 (71 7) 232-3046 Attorney for Defendant, Chris Sorkin Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SLIM TIME BEAUTY SPA OF CAMP HILL, INC., v. NO. 03-1925 Civil Term DIANNA CARMICHAEL 702 Hill Top Drive New Cumberland, P A 17070 CIVIL ACTION - LAW CHRIS SORKIN 16 Maybelle Court Mechanicsburg, P A 17055 JURY TRIAL DEMANDED BETH PIEFFER 206 East Grenada Avenue Hershey, P A 17033 Defendants AND NOW comes the Defendant, Chris Sorkin, by her attorneys, Hartman, Osborne & Rettig, and answers Plaintiffs Complaint as follows: I. On information and belief, this allegation is admitted. 2. Admitted in part. It is admitted that, with respect to answering Defendant, Plaintiff was in the business of providing health care services to her as one of its members. Based on the allegation of this Complaint, it appears that Plaintiff also provided health care services to non-members, including Co-Defendant, Beth Pieffer. 3. On information and belief, this allegation is admitted. 4. Admitted except the correct zip code is 17050. 5. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 6. Denied as stated. It is admitted that Dianna Carmichael was an employee of the Plaintiff. As to her compensation rate, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation and proof thereof is demanded. 7. Denied as stated. As to the allegation regarding the agreement between Plaintiff and Defendant Carmichael, after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. In further answer the charge to the answering Defendant for pre-purchasing 20 or more sessions was $20.00 per session. 8. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as the truth thereof and proof is demanded. 9. Denied as stated. It is admitted that answering Defendant received personal training services from Plaintiff starting in the year 2000. As to providing of services to Defendant Pieffer, after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as the truth thereof and proof is demanded. 10. Denied as stated. Answering Defendant did pay fees for personal training sessions to the Plaintiff through its employee, Dianna Carmichael. II. Denied. It is denied that answering Defendant agreed with anyone to withhold payments for services provided. To the contrary, answering Defendant made payment for all 2 services provided as well as advanced payments for services which have not been provided. As to the allegation regarding those payments being fraudulently withheld from the club, answering Defendant is unsure as to what club is being referred to. Answering Defendant has no knowledge, information or belief as to whether the payments made to the Plaintiff s employee, Dianna Carmichael, were or were not remitted by her to the Plaintiff. 12. Denied as stated. It is denied that any monies for services were retained by answering Defendant. As to whether they were retained by Co-Defendant, Dianna Carmichael or remitted in whole or in part to the Plaintiff, answering Defendant has no knowledge or information and proof thereof is demanded. 13. Denied. It is denied that answering Defendant's conduct constituted fraud or converSIOn. COUNT I - CONVERSION 14-22. These allegations are not addressed to answering Defendant and thus no reply is required. COUNT 11- BREACH OF CONTRACT PLAINTIFF V. CHRIS SORKIN 23. The answers to Paragraph I through 22 above are incorporated herein by reference thereto. 24. On information and belief, it is admitted that answering Defendant, as a client of the Plaintiff, had a contractual agreement with Plaintiff. As Plaintiff has not attached a copy of the contract to this Complaint in violation of the Pennsylvania Rules of Civil Procedure, this allegation is generally denied. However, in further answer, the Answering Defendant admits that 3 she was obliged to pay for services rendered at the Plaintiff and she did in fact pay for all such services at the posted rate. 25. Denied. It is denied that answering Defendant breached any contract with Plaintiff. In further answer, answering Defendant did pay for the services she received by issuing checks to Plaintiffs employee, Dianna Carmichael, for such services. Answering Defendant is without knowledge or information sufficient to form a belief as to whether Plaintiffs employee, Dianna Carmichael, retained or remitted the fees she received from answering Defendant. 26. Denied. It is denied that answering Defendant breached any contract with Plaintiff. Moreover, it is denied that Plaintiff has been damaged as alleged. To the contrary, answering Defendant has been damaged by Plaintiff and/or Plaintiff s employee as set forth in answering Defendant's cross-claim and counter-claim. WHEREFORE, answering Defendant requests that Count II be dismissed without cost to her. COUNT III - UNJUST ENRICHMENT PLAINTIFF V. BETH PIEFFER 27-32. These allegations are not addressed to answering Defendant and thus no reply is required. COUNT IV - FRAUD PLAINTIFF V. DIANNA CARMICHAEL 33-38. These allegations are not addressed to answering Defendant and thus no reply is required. 4 COUNT IV (SECOND COUNT IV] - CONSPIRACY PLAINTIFF V. DEFENDANTS 39. The answers to Paragraphs 1 through 33 above are incorporated herein by reference thereto. 40. Denied. It is expressly denied that answering Defendant conspired to prevent Plaintiff from receiving fees it should have received for the services provided. To the contrary, Plaintiff, through its employee, Dianna Cannichael received fees for all the services it provided as well as fees for services which have not yet been provided. It is expressly denied that the answering Defendant benefitted from any alleged conspiracy since answering Defendant has paid Plaintiff, through its employee, for services which have not yet been provided. WHEREFORE, answering Defendant requests that Count IV (second Count IV) of Plaintiffs Complaint be dismissed without cost to it. NEW MATTER ADDRESSED TO PLAINTIFF 41. If Plaintiff was damaged as alleged by not receiving fees which were paid to Plaintiffs employee, Dianna Cannichael, then Plaintiffs damages are due to Plaintiff's own wrongdoing which wrongdoing includes the following: a. Failing to assure that Plaintiff's employees were remitting to it funds due it. b. Failing to have in effect appropriate procedures to determine whether or not Plaintiffs employees were remitting to it funds allegedly owed to it; c. Failing to audit or otherwise assure that its employees knew and understood their obligation to remit fees to Plaintiff; and 5 d. Failing to act in a reasonable and prompt manner in order to determine whether Plaintiff was receiving from its employees all funds which Plaintiff claims were due to it. 42. Plaintiff failed to properly oversee and supervise its employees which failure was a breach of its contract, either express or implied with answering Defendant. 43. Plaintiffs claims are barred in whole or in part by the statute oflimitations. 44. Plaintiffs claims for attorney's fees and punitive damages fail to set forth claims upon which relief may be granted. WHEREFORE, answering Defendant requests that Plaintiffs Complaint be dismissed without cost to it. COUNTER-CLAIMlCROSS-CLAIM CHRIS SORKIN V. SLIM TIME BEAUTY SPA OF CAMP HILL. INC. AND DIANNA CARMICHAEL 45. From approximately September 2000 to April 2003, Defendant Dianna Carmichael was an employee of the Plaintiff. 46. As an employee ofthe Plaintiff, the Co-Defendant, Dianna Carmichael, was authorized to and did in fact act on behalf of Plaintiff. 47. Plaintiff offered fitness sessions at the rate of$20.00 per session where 20 or more sessions were purchased in advance. 48. Between September 2000 and February 2003, answering Defendant paid at the rate of $20.00 per session, at least $7,000.00 to Plaintiff through Plaintiffs employee for fitness training. 6 49. From September 2000 until the present, Plaintiff has received a total of289 sessions which, at $20.00 per session, costs $5,780.00. 50. Plaintiff either directly or through its employee, Dianna Carmichael, owes answering Defendant at least $1,220.00 representing training sessions paid for but not provided. 51. In addition to the foregoing, answering Defendant paid to Plaintiff advanced fees for tanning which services had not been provided and for which Defendant is entitled a refund. WHEREFORE, answering Defendant demands judgment of Co-Defendant Dianna Carmichael and her employer, Plaintiff, in the amount of excess of $1 ,220.00, plus interest, costs, attorney's fees and other relief as the Court may deem just and equitable. HARTMAN, OSBORNE & RETTIG, P.C. effrey B. Rettig, Supreme Ct. J.D. 616 126-128 Walnut Street Harrisburg, PAl 71 0 I (717) 232-3046 Dated; ~! & / 0 J Attorneys for Defendant, Chris Sorkin 7 VERIFICATION I, Chris Sorkin, hereby verify and state that the facts set forth in the foregoing ANSWER WITH NEW MATTER, COUNTER-CLAIM AND CROSS-CLAIM OF DEFENDANT CHRIS SORKIN are true and con-ec, to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities. Dated: ? Al03 I / ~ CER'l:U<'lCA'n'OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certifY that I am this day serving a copy ofthe foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Paula McDermott, Esquire P.O. Box 1003 Harrisburg, P A 17108-1003 (Attorney for Plaintiff) Jason Weinstock, Esquire 800 North Second Street Harrisburg, P A 171 02 (Attorney for Dianna Carmichael) Beth Pieffer 206 East Grenada Avenue Hershey, P A 17033 HARTMAN, OSBORNE & RETTIG, P.C. Dated: By; . (") 0 0 c ,~ T] < r -I '"D - - , j; :p C!) , -~ , "-~" , I 'n -, ::";J (]') - 'J:) -< , ) r'~~ I. .' 'T") 'i"-, ~I.. 'I :J: .-: ':) :!C:(- :.,) ,-" PC: ._t;.~ L~ ::') -j ~D -, I '" -< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01925 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLIM TIME BEAUTY SPA OF CAMP H VS CARMICHAEL DIANNA ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PIEFFER BETH but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 29th , 2003 , this office was in receipt of the Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 30.50 .00 55.50 OS/29/2003 DUANE MORRIS /' 1" omas Kline riff of Cumberland County - -- attached return from DAUPHIN Sworn and subscribed to before me this /2-1!:: day of 9MoA- ;2U1.3 A. D . (l Q ~,~. I~ Prothonotary @iiite of tlp~ ~4P:riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 2S5-2660 fax: (717) 2S5-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania SLIM TIME BEAUTY SPA OF CAMP HILL INC vs County of Dauphin PIEFFER BETH Sheriff's Return No. 1026-T - -2003 OTHER COUNTY NO. 03 1925 AND NOW:May 23, 2003 at 12: 10PM served the wi thin COMPLAINT upon PIEFFER BETH by personally handing to DEF 1 true attested copy (ies) of the original COMPLAINT and making known to him/her the contents thereof at 206 EAST GRANADA AVENUE HERSHEY, PA 17033-0000 <h~7'J:::;'~ 2003 ji:p Sheriff of Dauphin County, Pa. By nfk1I).~ Deputy Sheriff Sworn and subscribed to PROTHONOTARY Sheriff's Costs: $30.50 PD 05/01/2003 RCPT NO 178250 NMILLER SHERIFF'S RETURN - REGULAR CASE NO: 2003-01925 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLIM TIME BEAUTY SPA OF CAMP H VS CARMICHAEL DIANNA ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SORKIN CHRIS the DEFENDANT , at 0840:00 HOURS, on the 1st day of May , 2003 at 16 MAYBELLE COURT MECHANICSBURG, PA 17055 by handing to CHRIS SORKIN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 9.66 .00 10.00 .00 25.66 ~_'/?/ ,V~ ~,",;,,,:<' -1.,,;g~ R. homas Kline OS/29/2003 DUANE MORRIS Sworn and Subscribed to before By: /'='j ZI.. ~~puty Sheriff / .- v' me this /.;l-'t: day of LL d.fhJ_3 A.D. V ( 1 - -v- f2 ~.. ~ ~othonotary / -r-/ SHERIFF'S RETURN - REGULAR CASE NO: 2003-01925 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLIM TIME BEAUTY SPA OF CAMP H VS CARMICHAEL DIANNA ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARMICHAEL DIANNA the DEFENDANT , at 1616:00 HOURS, on the 29th day of April , 2003 at 702 HILL TOP DRIVE NEW CUMBERLAND, PA 17070 by handing to DANIEL CARMICHAEL, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.73 .00 10.00 .00 39.73 r~--'~~ R. Thomas Kline OS/29/2003 DUANE MORRIS me this /:2~ day of ~~~ ~Deputy Sheriff Sworn and Subscribed to before ~ - ;;Oo~ A.D. n~(l~~ '-- II Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-01925 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLIM TIME BEAUTY SPA OF CAMP H VS CARMICHAEL DIANNA ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CARMICHAEL DIANNA was served upon the , at 1616:00 HOURS, on the 29th day of April , 2003 DEFENDANT at 702 HILL TOP DRIVE NEW CUMBERLAND, PA 17070 DANIEL CARMICHAEL, HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.73 .00 10.00 .00 39.73 Sworn and Subscribed to before me this /.:2~ day of Cf.:- ";;OV'" A.D. C -1,{~(l.. ~ ~ II Prothonotary So Answers: .r~~ R. Thomas Kline OS/29/2003 DUANE MORRIS ~~~ )Deputy Sheriff In The Court of Common Pleas of Cumberland County, Pennsylvania SERVE: Slim Time Beauty Spa of Camp Hill, VS. Dianna Cannichael et a1 Beth Pieffer Inc. No. 03-1925 civil Now, April 28. 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do . hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~.~'~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at 0' clock . M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ SLIM TIME BEAUTY SPA OF CAMP HILL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. No. 03-1925 DIANNA CARMICHAEL, CHRIS SORKIN, and BETH PIEFFER Defendants CIVIL ACTION - LAW SLIM TIME BEAUTY SPA OF CAMP IDLL INC'S ANSWER TO DEFENDANT SORKIN'S NEW MATTER AND NOW, comes Plaintiff Slim Time Beauty Spa of Camp Hill, Inc., by and through its attorneys, Duane Morris LLP, and files this Answer to Defendant Sorkin's New Matter as follows: I 41. Denied. It is specifically denied that fraudulent conduct by Defendants was in any way Plaintiff's fault or that Plaintiff had an obligation to protect itselffrom the fraudulent activities of others. In particular, it is specifically denied that Plaintiff committed any wrongdoing as follows: (a) It is specifically denied that intentional fraudulent conduct by other individuals is in any way Plaintiff's fault; (b) It is specifically denied that intentional fraudulent conduct by other individuals is in any way Plaintiff's fault; (c) It is specifically denied that intentional fraudulent conduct by other individuals is in any way Plaintiff's fault; and (d) It is specifically denied that intentional Jraudulent conduct by other individuals is in any way PlaintiJf's fault. The numbering of the New Matter is adopted hereby. HBG\119019.1 42. Denied. It is specifically denied that Plaintiff had any duty to Defendant to oversee or supervise Plaintiff's employees. By way offurthf:r answer, Answering Defendant has acknowledged that she did not remit payment for the sessions which she received at the Club. 43. Denied. The averment contained in Paragraph 43 is a conclusion oflaw to which no responsive pleading is required. If a responsive pleading should be required, it is specifically denied that Plaintiffs claims are barred by any statute oflimitations. 44. Denied. The averment contained in Paragraph 44 is a conclusion oflaw to which no responsive pleading is required. If a responsive pleading should be required, it is specifically denied that Plaintiffs claims fail to set forth claims upon which relief may be granted. WHEREFORE, Plaintiff Slim Time Beauty Spa of Camp Hill, Inc. respectfully requests that Defendant Sorkin's New Matter be dismissed with prejud:ice and that the relief requested in the Complaint be granted. Respectfully submitted, DUANE MORRIS LLP PC.'&ifc' A\,d~a .~ Paula J. cDermott J.D. No. 46664 305 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, P A 17108-1003 (717) 237-5500 Attorneys for Plaintiff Slim Time Beauty Spa of Camp Hill, Inc. Date: 2S~ U:o~ HBG\119019.1 2 ..hjM '0 lli, "''''''''' of 18 Pn C.S.A. 14904, rei "in, '0 ~""'"' f""fimti~ '" -o<iti~. inclnding '"''''Pond"" ~d ,"of~",~ wJ. .ill, re,,,,.,_,,,,. Tbi, V ""fi","~ i, _ know'.", m ;"fo"""ti~ """ b,"of whi'h 'h,,,, ob""n" In """~"h",, P,,"ntiff In tlti, ~', f_ in p"","..., Anew".. "",,"".. So_', N_ ....., ~ 'ru, """ '"~t b~., "J><>' '''''''''.'', ""' ,,,,,,,, llil, V ""fi"ti~ "' h""" f of ""id -till' 'furth" ,..., lli" lli, """ '0 fum ofD,"", Mom, liP, "tom,,,, fo< Slim Tlm, Bomty S'" of Camp Wh, In,.. P'aintiff In J, Pan', J. M,Dom.o", ""'aim, h,reby '''PO'' ""d 'M, <hm , am , P","" w;lli ., fuw ATTORNEY VERIFICATION Date: '15' ~t- 2eo3 f-..:J~. ~c.Q... -'tt- Paula J. McDermott HBG1l19019.1 CERTIFICATE OF SERVICE I, Cathleen P. Vernon, an employee of the law firm of Duane Morris LLP, hereby certify that I have this day served a true and correct copy ofthe foregoing Answer to New Matter upon the persons and at the addresses below named, by depositing same in the United States Mail, first class postage prepaid, from Harrisburg, Pennsylvania: Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, P A 17101 Attorneys for Defendant Chris Sorkin Jason Weinstock, Esquire Ira H. Weinstock, P.C. 800 North Second Street, Suite 100 Harrisburg, P A ] 7102 Attorneys for Defendant Dianna Carmichael John W. Purcell, Jr., Esquire Purcell, Krug & Haller 17] 9 North Front Street Harrisburg, PA 17102-2392 Attorneys for Defendant Beth Pieffer Date: a/~6/0S ~..I"~) fJ.lI;J......"" ) athleenP. Vernon HBG\1l9019.1 . (") c 0 c: (...J .c....l z: ~~ -00:\ ITJUi ~~;j , .E_ _-, f"..) ~ ZC (ff-,-': cr', ;-~) ~L -'1".) ",', -',. ?Zc ::r: ,-- :,.0 5>-L! l).J Lj;Tl C- -_.., .'/ ..,...... :::'\ :.11 :D -< l1" -< SLIM TIME BEAUTY SPA OF CAMP HILL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DIANNA CARMICHAEL 702 Hill Top Drive New Cumberland, P A 17070 No. 03-1925 CHRIS SORKIN 16 Maybelle Court Mechanicsburg, P A 17055 BETH PIEFFER 206 East Grenada Avenue Hershey, P A 17033 CIVIL ACTION - LAW WITHDRAWAL OF APPEARANCE Please withdrawal the appearance of Duane Morris LLP as attorneys for Plaintiff in the above referenced matter. DUANE MORRIS LLP Date: d I~ <n I tJ~ Brian W. Bisignani 305 N. Front Street, 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5500 ENTRY OF APPEARANCE Please enter the appearance of Paula J. McDermott, Esquire, and Post & Schell, PC as attorneys for Plaintiff in the above referenced matter. Date: .,) I d c.,-, f 0 '1 HBG\125626.1 POST & SCHELL, PC f{\",,~ ( . i\\<"-0~ Paula J. M~ermott 240 Grandview Avenue CampHill,PA 17011 (717) 731-1970 CERTIFICATE OF SERVICE ---rJ>.- And now, this ~ day of ~ I ",,", "'6 ' 2004, I, Patricia Z. Glusko, a secretary with the law firm of Duane Morris LLP, do hereby certify that I have this date served a copy of the foregoing document on the person(s) listed below via first-class mail, postage prepaid: Jason Weinstock, Esquire IraH. Weinstock,P.C. 800 North Second Street, Suite 100 Harrisburg, P A 17l 02 John Purcell, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102-2302 Jeffrey B. Rettig, Esquire 126-128 Walnut Street Harrisburg, PA 17101 X~N ;'~.-J~--' '\C~ ~ Patricia . lusko -~ 0 ......, ~ = c: "-co -., ::;j r.q -~- ,., OJ rl1r~ -om N g~ -..I -"...; 1', -u ";'c'-'l ;',,?(''l N (jlT'1 -[ ~'..... N $ '-0 -< POST & SCHELL, p,c. BY: PAULA J. MCDERMOTT LD. #:46664 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR PLAINT F SLIM TIME BEAUTY SPA C F CAMP HILL, INe. SLIM TIME BEAUTY SPA OF CAMP HILL, mc.. IN THE COURT OF COMMO PLEAS CUMBERLAND CTY., PENN YL VANIA Plaintiff, NO: 03-1925 v. DIANNA CARMICHAEL, CHRIS SORKIN, and BETH PlEFFER, CIVIL ACTION - LAW Defendants. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the instant litigation as to Defendants Beth Pieffer nd Dianna Carmichael only. As to those parties, the matters should be marked settled, disc( tinued and ended. POST & SCHELL, P.e. ~~~.~c~ PAULAJ. CDERMOTT,ESQ'IRE Attorney LD. No. 46664 240 Grandview A venue Camp Hill, PA 17011 (717) 731-1970 Dated: March I t 2005 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Dena J. Stump, an employee of the law firm of Post & Schell, P.C., do he by certify that on the date set forth below, I did serve a true and correct copy of the foregoing upon the following persons at the following addresses indicated below by sending s e in the United States mail, first-class, postage prepaid: Jason Weinstock, Esquire Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, PA 17102 John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Pront Street Harrisburg, P A 17102-2392 Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 POST & SCHELL, P.e. Date: March I IS, 2005 -2- (J -u:.:.. 1l Ii U( C> - 'V -- '}..; p:! {"'- }-' .....' 0 (~:;) ~ W (.:-'_l -1} ~_rl --a -.. :"iJ P-' -~"" ~ J>" i^i, ~ ::v _c, ~" ~ ,-- -<;J (,., r..:> r'.,.j NO. 197.') 20 ----1li SLIM TIME BEAUTY SPA OF CAMP HILL, INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CHRIS SORKIN Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: .Tpffr'i'Y P. ~et t i'J, Esq _ ,counsel for the plaintiWdefendant in the above action (or actions), respectfully represents tlial: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 1 5 . 680 The counterclaim of the defendant in the action is N / A The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Jeffrey B. Rettig, Esq. and Paula McDermott. Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. R~ lr On;UW~ ORDER~C ' AND NOW, , 200_, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above petition, Esq., and captioned action (or actions) as prayed for. By the Court, GEORGE E. HOFFER, P.l. ~ (:) .{.o. -- 1l ~ () -- - () ",.~ \'" ~ ~J ..' \)J tJ r''''';'J ~ P=- -' ~ - - ~ ~ f'':' (I; J:- <..C POST & SCHELL, P.C. BY: PAULAJ. MCDERMOTT LD. #:46664 17 NORTH SECOND STREET 12TH FLOOR HARRISBURG, PA 17101-1601 (717)731-1970 ATTORNEYS FOR PLAINTIFF SLIM TIME BEAUTY SPA OF CAMP HILL, INC. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA NO: 03-1925 SLIM TIME BEAUTY SPA OF CAMP HILL, INC., v. CHRIS SORKIN, CIVIL ACTION - LAW Defendant. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY; Kindly discontinue the instant litigation as to Defendant Chris Sorkin, and have the matter marked as settled, discontinued and ended. POST & SCHELL, P.C. P~e,~,fW"~ PAULA J. M DERMOTT, ESQUIRE Attorney 1.1). No. 46664 17 North Second Street 12th Floor Harrisburg, PA 17101-1601 (717) 731-1970 Dated: June">o, 2005 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Dena J. Stump, an employee of the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 POST & SCHELL, P.C. ~ Date: June JO, 2005 -2- "-,,- Cf) YT: U! ~i:c j; t~~ ::::> =- '. Q ~" r-> = = c.n '- c:: ....- o -n :r! -n rnp -om TJY ~1~B ~;::M s S; :0<; ,.,. :;:lr. 9 r- 0'\ -