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Home My WebLink About01-2785 FX ,- SAIDIS SHUFF, FLOWER & LINDSAY AT1'ORNEYS-A1-LAW 26 W. High Street Carlisle, rA "......""'" ',J _J I I ~I - ~. ~ ~~ ""',~- DEBBIE ENTERPRISES, LTD Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANrA NO. 01-3256 and~1-2785 v. ANGELIQUE HARRIMAN, individually and t/d/b/a EXPECTATIONS, : Defendants : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of 2001, upon consideration of the attached Motion to Consolidate, said Motion is hereby granted and it is directed that Docket No. 2001-3256 and 2001-2785 are consolidated, and the Prothonotary is directed not to Strike, the Appeal filed to Docket No. 2001-2785. By the Court, J. SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS-AT-LAW 26 W. High Street Carlisle, P A ',I-",~ ,< ,~ 1,- ,,'j ............. DEBBIE ENTERPRISES, LTD Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ANGELIQUE HARRIMAN, individually and t/ dlbl a EXPECTATIONS, Defendants : NO. 2001-3256 and 2001-2785 : CIVIL ACTION - LAW MOTION TO CONSOLIDATE AND NOW, comes the Plaintiff, Debbie Enterprises, Ltd, by and through her undersigned attorneys, Saidis, Shuff, Flower & Lindsay, and moves this honorable court to consolidate the above cases and avers in support thereof as follows: 1. On May 8, 2001, Plaintiff filed the instant Appeal from a decision of a District Justice, and the Appeal was docketed in this Court to No. 2001-2785 Civil. 2. On May 29, 2001, within the time frames as set forth in the Rules of Civil Procedure,' for the District Justices, Plaintiff filed its Complaint. 3. The Complaint was assigned a new docket number by the Prothonotary and docketed No. 2001-3256, and not the docket for the Appeal No. 2001-2785. A time-stamped copy of the Complaint is attached hereto, incorporated herein by reference and marked as Exhibit" A" . 4. On June 1, 2001, Defendant filed a Praecipe to Strike Appeal for Plaintiffs failure to comply with Pa.R.C.D.J.1004A, a copy of the Praecipe is attached hereto and marked as Exhibit "B". Ii SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, PA _I. : -,I j' L. > -j ~ " .~ d <.'~~-,; ._~ ,de; ~"':,>-, 5. It is believed and therefore averred that by filing the Complaint in a timely manner pursuant to the Rules of Civil Procedure for District Justices, Plaintiff is in compliance with Rule 1004A. 6. The fact that the Complaint was not docketed to the correct docket number should not prohibit the Plaintiff from pursuing its claims, and the Appeal should not be stricken. 7. It is believed and therefore averred since the Plaintiff has complied with the Rules of Civil Procedures for District Justices, the Defendant has not been prejudiced in any manner. As such a great injustice would result if the Court permitted the Prothonotary to Strike the Appeal in this case. WHEREFORE, Plaintiff, Debbie Enterprises, Ltd, respectfully requests that this Honorable Court enter an Order consolidating docket number 2001-3256 and 2001-2785, and further that the Prothonotary is hereby directed not to Strike the Appeal docketed to No. 2001-2785. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY '\ By:' Z t eph L. Hitchings, 6 W. High Street Carlisle, PA 17013 Attorney J.D. 65551 Attorney for Plaintiff \I SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle. PA 1n ~J ^ t . . ;)' I ~ _-1"'''';;'_';,,,'',4~',,'_ 0_' I I:: VERIFICATION I verify that the statements made in the foregoing Motion to Consolidate are true and correct and I am authorized on behalf of Debbie Enterprises, Ltd to execute this verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. , DATED: (,-1-01 " Ir !I II .,"--- , '. ~';J I J~"'_h" '=---~,~~ , DEBBIE ENTERPRISES, LTD Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNe;tL~~ . c. , : NO O}~3;)Sv -c~ [~ ..~ . . :(':_,?~ \;.;. ~~ : \j ~ -:. .- .C) 2~~j .-"\ ~ .---, .-. -,":,") .- , .'-- - r\ ~ ~~:, .' ~~~,. ,... L~ 3 ~ ",-, ---: ..- --<. v. ANGEUQUE HARRIMAN, individually and tjdjbja EXPECTATIONS, Defendants : OVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the 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 1HIS 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 240-6200 SAlOIS, SHUFF, FLOWER & LINDSAY SAIDIS Dated: r-2q-ti/ SHUFF, FLOWER & LINDSAY ;ii':lluMEYs-AT.IAW 26 W. High Street Carlisle. PA ph L. Hitchings, Esquire West High Street Carlisle, P A 17013 (717) 243-6222 Attorney for PIaintiff 6LJ i-t A ~ , SAIDIS SHUFF, FLOWER &UNDSAY AT-LA,W 26 W. High Street cmw.. PA ~' -~ l~:,"'~ \-:.ft:-"; .l, I, - '..;..o"-O~'~'''"'~ r,,~~"'''';'':~~:~~~,~~:~~:~~''i~~: :: ~,"-':':-,; . DEBBIE ENTERPRISES, LTD Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ANGELIQUE HARRIMAN, individually and tj d/bj a EXPECf ATIONS, Defendants : NO. : OVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Debbie Enterprises, Ltd, by and through her undersigned attorneys, Saidis, Shuff, Flower & Lindsay, avers in support of its Complaint against Defendant as follows: . 1. Plaintiff, Debbie Enterprises, Ltd, is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal address of 11-17 Railroad Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff owns and operates hair and nail salons throughout the south central Pennsylvania area including Your Hair Connection, Your Mane Cut, DeRielle Designworks Academy and Revelations a Day Spa. 3. Defendant, Angelique M. Harriman is an adult individual currently trading and doing business as Expectations Hair Salon with a business address of 3619 Simpson Ferry Road, Camp Hill, Cumberland County, PennsyIvania 17011. 4. On March 1, 1999, Defendant accepted employment with Plaintiff as a nail technician. SAIDIS , FLOWER & UNDSAY c_"",~ATe(.AW 26 W. High Street carlisle, PA .'1 ~, ,~j,"_ .'" ''''"''''lilifiIi1~ 5. On May 3,1999, Defendant accepted employment with Plaintiff as a hair stylist and executed an Employment Contract, a true and correct copy of which is attached hereto, incorporated herein by reference and marked as Exhibit U AU. 6. By accepting employment with the Plaintiff as a hair stylist and executing the Employment Contract, Defendant received additional benefits, including among other things paid holidays, available health insurance, available life insurance and discount on products. 7. Pursuant to the terms and conditions of the Employment Contract, Defendant was to receive compensation in the amount of $5.15 per hour payable bi- weekly, less taxes, and additional compensation in form of a commission on service sales 25-50% payable bi-weekly after the employee has doubled her hourly wage or salary in service sales. 8. The term of employment as a hair stylist began on May 3,1999, pursuant to the terms of the Employment Contract and was to continue thereafter on a week to week basis with either party having the right to terminate the agreement by giving two weeks written notice, and the Plaintiff retain a right to terminate the Defendant at any time. 9. As consideration for extending employment to the Defendant, the Employment Contract contains restrictive covenants providing as follows: Upon the termination of employment of the Employee, whether by Termination of this Agreement whether by the Employer or the Employee, the Employee shall not, directly or indirectly, within a radius of five (5) miles of the salon at which he/ she was empIoyed enter into or engage in any employment with any individual, corporation or partnership SAlDIS HUfF, FLOWER ~LlNDSAY AT-LAW 26 W. High Street CarUsle. PA " '; I ~"" ~""," " ~t--!':~~"-''''''';''-'''''-' engaged in the business of providing hair styling services or any other business in which the Employer is presently or hereafter engaged. These restrictions shall apply to the Employee either as an individual on his/her own account or as a partner, shareholder or joint venturer or as an empIoyee, agent, officer or director of any corporation or partnership or in any other manner for a period of six (6) months after the date of termination of his/her employment with the Employer. See paragraph 5 of the Employment Contract attached hereto as Exhibit" A". 10. The Employment Contract also provides for damages in the event the Defendant failed to abide by the provisions. Pursuant to the terms of the Employment Contract, Defendant agreed to pay PIaintiff as liquidated damages the sum of $100.00 per month for each month in which she was employed by Plaintiff with a minimum $500.00 fee. 11. Prom May 3,1999, until December 2, 2000, Defendant was employed by Plaintiff as a hair stylist at Revelations a Day Spa located at 11-17 Railroad Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 12. On December 2, 2000, Defendant's employment was terminated by the Plaintiff when it was discovered that the Plaintiff was in the process of opening up her own hair salon, and was actively soliciting Plaintiff's customers to bring their business to her. 13. On or before December 5, 2000, Defendant opened up a competing hair salon, Expectations, located at 3619 Simpson Perry Road, Camp Hill, Cumberland County, Pennsylvania, 17011. I... SAID IS SHUFF. FLOWER & LINDSAY :'~RNEJSeAT-LAW 26 W. High street Carlisle. P A . _u. ."""'~ . ""~ -~~. :-- "':;;:~"l:t~}', ::-"-""~,*,~<-.....~~<<~~~~ 14. Expectations is within a radius of five miles of Revelation's a Day Spa, the salon at which Defendant worked for the PIaintiff. 15. Defendant entered into her employment with Expectations within six months after the date of termination of her employment with PIaintiff. 16. Defendant is in breach of her Employment Contract with Plaintiff, as she has failed to abide by the terms and conditions and provisions of the contract, and as such, she is liable to the Plaintiff for liquidated damages in the amount of $100.00 per month for 21 months during which she worked for the Plaintiff for a total amount owing of $2,100.00, plus interest, costs and attorneys' fees. 17. Despite demand by the Plaintiff, Defendant has refused to pay all or any part of the liquidated damages owing to Plaintiff. 18. Defendant, in addition to violating the Employment Contract, has solicited customers of Plaintiff and has provided services to customers of Plaintiff at Expectations. WHEREFORE, Plaintiff, Debbie Enterprises, Ltd, demands judgment against the Defendant in the amount of $2,100.00 for liquidated damages, plus interest, costs and attorneys' fees, which amount does not exceed the jurisdictional amount requiring arbitration. By: espectfuIly submitted, S D,~" eph L. Hitchings, Es 26 W. High Street Carlisle, PA 17013 Attorney J.D. 65551 Attorney for Plaintiff & UNDSAY I I L ,'. ,v~),;;,I",,!~~,.~,; ,.... , '-', VERIFICATION I verify that the statements made in the foregoing Complaint are true and corre.ct and I am authorized on behalf of Debbie Enterprises, Ltd to execute this verification. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 9 4904, relating to unsworn falsification to authorifies. DATED: S-2q~\ J.ll-!~; ~Uln '. I 1 , "_......... 2: 7'[7 697 649,' DEaaIE EHTER tTn,"" -"'~:,'P--;':',8'i:' .:;.. r f' . DIillHIE ENTF.IU'RISES, L'ID. EMl'LOYM.EI-rf CONmA<:r Ulis 1 (!~ .'--.. {"thu Esnllloycl") day of ~\(\., _'.. _, 19 J:l, and ,.In.~f \. ~VJ::1L:i:~'-',i 'l<.!lLL between. ("lIle Agee.e.mt maue :Th"'\:>'L"L:.oktfr:. ~(> ~ Employee"), 1. IHTllllS: 111e EIIlVI oYet' IIl'1ees 10 ellJploy a",llh.. 1ll1l1,I'oyec acccr',~ cmpl~l1elJl as a hair stylist ancllor "".nar-CI, ']1lC Empll\YI~e'~ dn(iell shall cOlll:j~1 of (II oviJing 1'3i,. ~Iylint: scrviJes fo,. lh~ Employers: cuslomeu, .,.,,,,Iering hair slyling ami hair care ,l(lvice 3nd insll udiollS lu Ihe Employer's cu"Iomen:.. dIe lielli'J{~ of hair "".1 ""auly !,,<,duel!: oJTCJ'edl1y lhe EJIlI'loym', IIlIendi"K tnilling fWldiollS alld setninarT 8IId' $I,clt olher dulie~ :l~ Ihe Employer Ulay limn lime 10 lillle as~:if,'l 10 Ibe Etlll.loyee. (MANAGEMENT DUnES) llse Employee .fill thef ar,rces In abicJe by 1111 of Ihe IUles, policies, tt!f1;lIlalio/ls lUld gnicllelin~ whiclt "H! i'lslillJled by Ihe Eml'loyc,' as Uley Ula~' "ltisI1h>n1 lime 10 lime. Said mill". policies rer,ldJilion.or 8IId guide/illes ulI'Y be ,'cvised, ..lIel eu or delcled allhe !!ole diSCI etiOIl oflhe Employer, 2. C{)MPEN~AI10N: TItC l~"'jllo.yer shall pay to Ihe Ernpl{tyec Ihe following coml'ensation: a. _0~,: ~__tj, per hl\lIr, payable biweekly (evclY ollter Sahnday) le!!s relluired deductioll,~ fOI "I'l'lir.ahle 1'1IYI olll:I"es, Salary: _ (Msl\agemenl) b. As addilional Cotnpcllsalion. all alnollnl of clltluni!1siml 00 sel'vice Sales 25-50"1.., payable biweekly (every olhet SalurdllY), provided hOlVever, thai. Ihis lIddilional COUlI'l!llllalioll shall be paYlIbll! ollly aile,. lite El/Il'l<'yee hlls doubled his/her hout Iy wage or salHIY ill sen.-ice sales. C,.mmission r311 be ,-aised or lowered al anytime at Ule lirllployer's discretion. c, The Eml)loyee shall receive those employee bene!il.!:.lo which be/she is entitled lJa!:l!d 1II'olll!1lll'loymenl allcJ lellgllt of service as !:cl f01'1b i'l a sel'''T3le document "Ille EmploYl!e ag/ ee:: Ulal ~3id benefits lIlay be altered ar llInelsded at lbe ~ole . ._,~scretiQlI oCU,e Eml.loyeL 3. TERM: "llle employment shall begin on ,j~V\~,<i.'~~l~1 t"!:t _ and shall continue thereafter Ollll week-to-week bllsis. Either l'lll~v Ulay ICll111n3t~ Ihis ""e~.mellt aI. lhe end of any week by giving ""'.0 (2) week's ,,\;,'illctl notice 10 lbe other !,:\fly, pHlVided however. thaI Ibe F.m/,Ioyer may , tennillllle the l"""loyee al any lime, will, N' wilhont r.OQd c:all~e and without midi lJolie, if, in the opinion of lInd at Ihe sole clisCfl!liofl of tll<l Employe.., Ih" Employee h,,!, violated any wOlk rule, J$signmcnt. l'eSpon!:ibility or requirement oflhe Employer. 4, UMlTJi.J10NS OF A(;l1VrIY: J(xCCf.l as e~p.e,,::ly approved in lIIoTiting by tJle Employer, d1Jriog lhe 10m ofdlis Agt'cemcnl. U,e Employee :;11,,11 de\'ole hi~Jller be~1 el1ort~ llnd hi",1,e" entire lime to lldvllIlce nle iulerer-Is oflhe Employer, alld he/she $h;1I1IIol direclly 01 iudirectly, individnally or as a memuer of lInYt'31inership, 01' eall'01'3lioll. be cn&aged iu or concemed wilh any alh,w commercial duli"" or l'Uf&uils whatsoever, -, .'. '"'" -"~"""""""I"" U/'~.\/~l 29:48 I. ~' 1 :If 1'1'7 '69-7 6497 ~ " I ~ '_0" ~~O"i..J,." ~EBB!E ENTE~ LTD , :<~: ,:~Mb ',' P'.i2!"t -_....:..,;,;'j .r f' 5: RESTIUCl.1VE COVENANT~: ll\lIln the lel111ination of employment oflhe Employee, whether by ~enllillation of ~his Af;reement hyl~le I~~lr:l~yer !II' Ihe Employcc. the Enlployee sball not, diredly Of' " IUdll eelly, wltlu" 1'I n"liu~ of l$.Y" ", Vl ) ,m,ilc!: of Ihc "alon a' which hclsbe was employed enler il1'o Of' . enr.lt~e u' auy cllIl'loymenl ~'\i1lh auy md......dual. "OII'OI'olion OJ' l'ill1ncr"hil' engaged in the business of I'Hlvidinr. hair slylinp.. services or ally olhe,' bllr:ille::s in which Ihc Eml'l<'yer is presently or hel'ea.ller cnF,ar,e.l l1le"e restriefi.",,, shalllll'l'ly In Ihe Elllployee ~.ithcI' as all illdividllal on hislllCI' O""1tl aeeount or as a pB1~lel'. a shlll'chol.der o~ a joiut vcutmer "1' as all employee, agel;~.., O~<;l:,' or di.eclo.' or any , cOlpOlahon 01' plllblefslllp or III ;IIIY (llh<,,, lllllllne. fin a pelioe! uf /11,.1" (1,.) monl,',s a/l"I' Ihe date of termination ofhis/her employmenl wilh the Employcr. ' III the event the Emptoyee fail:; tu llbide by Ihe In(wi~iolr;:cl forlh abu,"e. he/she lIgu,es to I'''Y to Ibe Employer as lic{Uidated damllf,r.s Ule !:nlll of t It-f.; ".::-:::::~_ prynoulh for each monlh in which he/ghe wa.. employed by Gaicl empluyer. With a milli.nlllll S. -R1f!::':") ):'fec, nle covenant contailled in Ihis paragraph five shall 1101 apply ill 'he evenllhe limployer di!:cOlltillue$' business for Ihitty r~O) consecutive days, in which event the Flllph,yec would be released fr",~ his/b..... ~~, ' 'nlis covenalll {\IJ Ihe I'at'1 ofthe Employee shall be conlllmccl a~; 811 agreement independent of any other provillioll of III is Agr'eelllent or Ihe Exir'tellcl! nfany olher cl;.im OJ' cause ofaclion held by Ihe employer. '111e ElIIllloy~r Ira" rdied uI'<'lI Ihi" covenant ill exlendinf, elllpltl}'fDelll 10 Employee, ;md Employee adatowled~es sllch cUlplo~melll Ol'porlunily a:; ~ooJ alld ,,'alllable consideration for the covenant gi,,'en, Any Legaltecs an<l/(\,' Collecti<," fees inClIITcd for ellforcill[:: Ibis agreemelll will be al die Elllployee's eXl'ense, 6, GENERAL l'ROVISIONS', "l1lis ^r.reement slll'ersed....s IIIl olher agreenlenls previously rnade by alld belween the 1'31 tie~ I"elaling 10 il~: ~:lIbject 1II311CL '1 Iti!: Areement lIIay only l1e amended l1y 1I milill!', ::ie.ned by b()ll1lhe l'al.lic~:, Any lIolice to be deliyCted lIud.:1 lhi!; Agreemenl ~hall be givclI ill WI iting and clelivcrccl.l'cIsoll3J1y or' by cCllilit,d mail, POf-I"I:c 1" epaid, addrc"f-cd 10 Ille Fm\,loycr or the EIIII'It'YE'e allheil la!;t known adclrc~:!: Nt' dela'i (II' failurc by cilhel pal ty to ('_~el ti:;c any IIf,hllllHler Ihi, ~PI"'1.""",. and 1\(\ p:ullal (>1" single e""l(:i~;(: (.flhat rig.hl. "hall totl:,liltilc a waiver of l1\3t or allY oUler right, Il""diuf,s inll.i:; Agreell1l'llt 31 C for COtln:nil!llCe only :\IId ~hall not be lIsed 10 inte'l'fcl or conslllle itll pn)\"i~ion~:, This Agreement !:hall be cotlsbnecl in :ll:tOldance willi ancl /',ovelned by Ihe laws afllle Conllllonweallh of l'clUlsylvallia ami 1m!: been accepled al the corporate offices of lllc Employer in Cumberland Counly, }'enm;yh'ani", 111i~ ^gl eemenl Ill:!)' bc c:'tcculed in IWI' (II more counlelpalts. each of , whieh !:hall be deemed an original. (wt all of which lop,clhcl sh;tlJ he binding !II' 011 1I1ld inul c to Ule benefit of tile plllties and Ibeir I"esl'ecli~'e 9UCCeGSO! S :lIId a!wif,"'l. ., , , ..... :. , /. - . " , f". 6A . _. ~.... --U....:::>~ ,9ESB':r~-EH-~,E~:.- ~T"D':. ~- ">"'~~::~~'':.9'~., I""'; IN \Vl1NESS WIIEREO!,: 11J!: J1i'.l1ies have signed Ulis 3grcemeIJ!. A TI1~ST: n"ubie Enle'I" ise:;. LU>. . Ila Your Hair (:OltnCclion. Your Mane Cut. DeRie"e ~~ksACa(~~:,(l:U:~,Ha~~~dC~~ 'I2J>:'l.ep <c, . _ . BY; ny: -- - " -... -'-- --- SEClllil ARY/WnN!iS~ - h_._ WIThl.E$S: CMPI.O\'EE; - RY: Jjf\'I"L,l''' l \ .- }j. \ \a.-<A.;l"'-.cu,-~_ - ,- -- 7177373407 SAIDIS SHUFF MASLAND si,f-P03/06 JUN 1211 '1211 14'17 . CLARK. LAW OFFICE By: FrankP. Clark Identification No. 35443 3045 Market Street Second Floor Camp Hill, PA 17011 (717) 731-8600 DEBBIE ENTERPRISES, LID. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. ; NO. 2001-2785 ANGELIQUE HARRIMAN : CIVIL ACTION Defendant PRAECIPE TO STRIKE APPEAL TO THE PROTHONOTARY: Pursuant to Pa. R.C.P.DJ. 1006, kindly strike the appeal from the record in the above-captioned matter for Plaintiff-Appellant's failure to comply with Pa. R.C.P.D.J. 1004A. CLARK LAW OFFICE Dated: S-!>7/t>J . By: J~~J~~ e Le~ Frank P. Clark Attorney LD. #35443 3045 Marker Street Second Floor CampHilI,PA 17011 (717) 731-8600 Attorney for Defendant Gl,' b,--l 8 - SAlOIS SHUFF, FLOWER & UNDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA l ~ ',.. 1 '--"0 " -',,':", LI ,,_," _I;, ,."' , CERTIFICATE OF SERVICE On this (of I hereby -::r~ day of , 2001, I certify that I served a true and correct copy of the foregoing Motion to Consolidate upon all parties of record via United States Mail, postage prepaid, addressed as follows: Prank P. Clark, Esq. 3045 Market Street, 2nd Floor CampHill,PA 17011 SHUFF, FLOWER By. " 1 Ii J;~~~J~.~~~~~;;:~;';~;~:~~>l'd,,~~jll'i;,Jlil~Ii;!>\~.r&..u;~,,'~""J\'~i..'i~Jt.",;i%'~>f;;.'l8fu,'c1; ;"H'bH"i."~"'dv."",,,,'-"i'd!1jW,:Ji~~$f,~~-"l.,_~~!;iii8j,~~W ~~~''" liiliiI:iI1!W" (") ~:'i (") C. .1T1 ~: ~~W -:,;:~ -oc, ;~12 JT1 (-:'j ~ Z::'iI? -fJ.l, ZC:; .'\C".J U)..;.c,. ~_?t(~ -<'4'~_' kC.I -0 -,~ ''''(I ('I,~:.n ~D :J' ~~C) 0 C- orn :l>c .-; :~ N ?ii a> -< ~m.' ,_ "~~,~~~,- ~~ >,,~"" ~ ,~~, ~ .-~ ,~, ~~, ~,X ~ . -C;",,",'--'-- "I I ""-,. "'.,,:;~~",~,! .; CLARK LAW OFFICE By: Frank P. Clark Identification No. 35443 3045 Market Street Second Floor Camp Hill, PA 17011 (717) 731-8600 DEBBIE ENTERPRISES, LTD. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 2001-2785 ANGELI QUE HARRIMAN CIVIL ACTION Defendant DEFENDANT'S RESPONSE TO MOTION TO CONSOLIDATE Now comes Defendant, Angelique Harriman, by and through her attorney, Clark Law Office, who replies to the Motion to Consolidate as follows: 1. Admitted. 2. Admitted on information and belief. 3. Admitted on information and belief. 4. Admitted. By further answer, prior to filing the Praecipe, Defendant confirmed with the Prothonotary that no complaint had beep. filed at the proper docket number for the appeal. 5. The averment is a legal conclusion to which no response is required; by way of further answer, Defendant has no objection to the matters being consolidated. 6. The averment is a legal conclusion to which no response is required; by way of further answer, Defendant has no objection to the matters being consolidated. 7. The averment is a legal conclusion to which no response is required; by way of further answer, Defendant has no objection to the matters being consolidated. ~."-~ . , ~ " J "-', I WHEREFORE, Defendant has no objection to the consolidation of docket numbers 200l-3256 and 2001-2785. CLARK LAW OFFICE Dated: ~ 2.- q, ~,t701 By: ~ ~, (J2~ Frank P. Clark \ Attorney I.D. #35443 3045 Market Street Second Floor Camp Hill, PA l7011 (717) 73l-8600 Attorney for Defendant ~, l I , .1 , _,I """"'.....""""L . CERTIFICATE OF SERVICE I, FRANK P. CLARK, ESQUIRE, do hereby certifY that I served a true and correct copy of the foregoing Defendant's Response to Motion to Consolidate upon the below-named p~ Pi' depositing same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, this t:+ day of June, 200 l. . SERVED UPON: JosephL.Hitchings Saidis Shuff Flower & Lindsay 26 W. High Street Carlisle, P A 17013 {} (J () () ~ \'S- ~0Z, FrankP. Clark '. ,. "" L " ~~,' ~"""",d,<."';~.il .- 0" SHERIFF'S RETURN - REGULAR CASE NO: 2001-03256 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEBBIE ENTERPRISES LTD VS HARRIMAN ANGEL I QUE ET AL DEP TREVOR KENT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HARRIMAN ANGELI QUE the DEFENDANT , at 1930:00 HOURS, on the 31st day of May , 2001 at 3619 SIMPSON FERRY ROAD CAMP HILL, PA 17011 by handing to ANGELI QUE HARRIMAN 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: 18.00 8.68 .00 10.00 .00 36.68 r~~ R. Thomas Klin 06/01/2001 SAIDIS,SHUFF,FLOWER & LINDSAY r !~ /(;J- Deputy Sheriff Sworn and Subscribed to before me this .2 7 tt'; day of f!...,- .2tm/ . A. D. 0* (J. /v,Jj,./ A ~o/ othonotary I By: ~,- "",",,,, ~ ."~=~~'-" ~~ . 1 ~ l," ~ :L~. "~j . I~", ~ :.o,,,,~~,",,,,~,~\: ,. ~, SHERIFF'S RETURN - REGULAR CASE NO: 2001-03256 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEBBIE ENTERPRISES LTD VS HARRIMAN ANGELIQUE ET AL DEP TREVOR KENT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon EXPECTATIONS the DEFENDANT , at 1930:00 HOURS, on the 31st day of May , 2001 at 3619 SIMPSON FERRY ROAD CAMP HILL, PA 17011 by handing to ANGELIQUE HARRIMAN 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 .00 .00 10.00 .00 16.00 ~>J?~-t:~ R. 'Thomas KI ine 06/01/2001 SAIDIS,SHUFF,FLOWER & LINDSAY Sworn and Subscribed to before me this :21 ~ day of ~ . .;zg.,./ A.D. q'PLa.~A~~ rothonotary I By: ~4/UA.XfL U Deputy Sheriff ,~----- . - ~~. . ...... -~ SHERIFF'S RETURN - REGULAR - .. , . " CASE NO: 2001-03257 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS DETRICK JEFFERY E ET AL GERALD WORTHINGTON ~L_I i t ~-- .L~......~" =""",,,,".~l " , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DETRICK JEFFERY E was served upon the DEFENDANT , 2001 , at 1731:00 HOURS, on the 30th day of May at 555 BROWNS LANE ENOLA, PA 17025 JEFFERY E DETRICK by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 Sworn and Subscribed to before me this 2. 7 ~ day of Go; ~l AD ~t2~ # P othonotary , So Answers: ~' // ~~~,.-e~-7~ R. Thomas Kline 05/31/2001 MARK UDREN BY~ IA)~ Deputy S iff """"",,' ~ , ~~ - SHERIFF'S RETURN - REGULAR ~ CASE NO: 2001-03257 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS DETRICK JEFFERY E ET AL GERALD WORTHINGTON ~L _.,.L_... , """"""""""'-0,",-"'''''=''0',)_ "~~",',~ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DETRICK CAROL A was served upon the DEFENDANT , 2001 , at 1731:00 HOURS, on the 30th day of May at 555 BROWNS LANE ENOLA, PA 17025 CAROL A DETRICK by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Aff idavi t surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before h' ,u d f me t ~s,;1'1 ay 0 ~.:Jb-tJJ A.D. el 'L~ C n.,,,/. " ~ '~dthonotary , So Answers: r~~"-t:~ R. Thomas Kline 05/31/2001 MARK UDREN By: AJJA~ IA)~ Deputy S iff "~~u_J~1 ""'-'<>I , l _1il11oJ ~l'; , NOTICE OF APPEAL COj\\MONWEALTH Of PENNSYLVANIA . ;, COUttT Of COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMONPLEASNo. 0/- d7f?.5I';(~ NOTICE OF APPEAL I=,'/ed 5/~/ol Norice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned bel"", NAME Of APPB.lANr Debbie Enterprises, ADDR OF APPElLANT Ltd MAG. DIST. NQ OR NA OF OJ. 09-3-05 11-17 Railroad DATE JlDGMENT 4/11/01 ClAIM NO CITY Avenue, Mechanicsburg, PA 17055 IN THE CASE Of (Pfaintiff) Debbie Enterprises, Ltd. STATE lP CODE CV ~ 0000074-01 LT 19 This block will be signed ONLY when this notafton is required under Po. R.CP.J.P. a. 10088- This Noftce of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS 10 the judgment for possession in this case. (~) Harriman, Ange1ique ). Signature of Prothonotary Of Deputy " appel/ant was CLAIMAN Pa. R.CP.JP. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section 01 foon to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prathonotary (Common Pleas No. Name of appeI/eefs) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros ,appellee(s), to file a complaint in this appeal Enter rule upon Signature of appelfant or his attorney or agent RULE: To Name of appeI/eefs) , appellee(s). (1) You are notified that a rule is hereby entered upon you 10 file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered maiL (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing, Date: ,19_. Signa/ute 01 AotIlono/gy '" Deputy N:JPC 312.64 COURT FILE TO BE FILED WITH PROTHONOTARY .~ '" ',," ",. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prool 01 service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeai, Check applicable boxes) COMMONWEALTH OF PENNSYLVANtA COUNTY O~ ; 8$ AFFIDAVIT: I hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No, , upon the District Justice designated therein on Idale of service) " o ,by personal service, 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , , 19_ 0 by personal service 0 by (certilied) (registered) mail, sender's receipt attached herefo. o and further that I served the Rule to Filea Complalntaccompanyjng the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ,19_ 0 by personal serviC,e 0 by (certified) (regislered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,19_ Signature of affiant Signature of official before whom affidavit was mada Title of omcfal My commission E:lx.plresol1 _~~_ ,19__ (") <=> 0 ,~ c: ,.' \l\\ ':\~ ;::::: :>:: :::! -0(.0 :!> :+-;:D l:p r" -< " "r- ~:;::t I '""';~rn ~ &. 4" ~~ CO '~-~o 0' ~ \, ~ ~6 "'- ~ ;<0 -0 -......-rl ~8 :ll: n:JJ -- \J -0 ........ ~ ~\ ':2 Zm "" ~ )>c: ~ l;). ~ ~ ~ , <D ~ ~ I . I I I I, i COMMONWEALlI~ Of' rENNSYLVANIA COUNTY OF: CUMBERLAND \, ..... NOTICE OF JUDGMENTITRANSCRIPT , CIVIL CASE I \ MNl IFF: NAMf: jill('l ^DnFH.8~ IDEBBIE Ern'ERPRISE8 LTD r 11 -17 RAILROAD AVENUE M8~IC8BVRG. FA 17055 L ~ ~-- 04/24d31 18:25 :z::. 717 697 6497 DEBBIE ENTER LTD , P.01 -I ~ in ttl9 amount of $ __ ,___ 4/' l/D..1_ Ii h'k1- --lJ.~Q Di!i\-:-N",:- ,_. '- 09-3-05 t),lN"mc: 1 lOll, A(Id,(8&1' GAYLE A. BLDEl{ 507 N. YORK ST. MECKNNICSBURG, PA vs. $~ $ $ $- $-.... .00 .00 .00 . OJ) .00 lO1'Pno,,, (717) 766-4575 17055 lllllNIJANT: NAML e,nCl^P[If-lf-8f; IHARRlMAN, .MlGELIQUB BXPECTATIONS 3619 SIMPSON FERRY LCAMP HILL. PA 17011 pocket No.:' C.V:0000074...01 j Date Filed: 3/02/01 -- .".. $-- .--.- $--- ----~-----~- ---~---...---- -~] ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PFlOTHON01"ARYIClERK OF THE COURT OF COMMON PLEAS, CIVIl. OIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTfTRANSGrllPT FORM WITH YOUR NOTICE OF APPEAL. "LL(i[ff:l ..- DEBBIB ENTBRPRISBS LTD 11-17 RArLROAD AVENUB MECHANICSBURG, PA 1'1055 THIS IS TO NOTIFY YOU THAT: Judgmont: [}c I Judgment was entered for: . FOR DEl"ENDMn' (Name) --BAlUUMAN. ANGRT....QJTF. liJ Judgment was entered against: (Namo). DF.BBIE ENTKRPRIl'lKIl rirD. (Ilato of .Judgment) . .00_ on: ['j I] [] l-I r I o Defendants are jointly and sevorally liabio. (Date & .1 ime) ~ Damages wi Ii be assessed On: Amount of Judgment JUdgment Costs Intemsl on JUdgment Attorney Fees Total ThiS caso dismissec! without prejudice. Amount of JudfIlmmt SUbjOct to Attachment/Act 5 of 199G $. Levy is stayed for __ days Or II generally stayed. Post Judgment Credits Post Jud,lmol1l Costs Cerllfled Judgment Total $ Objection to lovy has been filed and hearin(l will be hold: Dale: . .--f"";:- Time: -,--'" ,-' .n Date , District Justice I cartify IIlal Ihis is a true and COr recl copy of the record of tile proceedings GOntaining tile Judgment. Dale , District Justice My commission expires Ilrst Monday 01 January, 2006 SEAL AOPr: 316.(lD ~ .. , < " I ~" "<i:~' ",";, 0',-<_ .;" o'~,;; ""0"" ~ 'fir, , t:J Postage $ t:J t:J Certified Fee , U'J , , CO Return Receipt Fee 0-'1 (Endorsement Required) t:J Restricted Delivery Fee i t:J (Endorsement Required} .I , t:J Total Postage & Fees $ t:J :;r- fT1 lr lr t:J "... 0-'1 :;r- t:J "... b Postage $ c::l t:J Certified Fee LO Return Receipt Fee CO (Endorsement Required) 0-'1 Restricted Delivery Fee t:J t:J (Endorsement Required) t:J Total Postage & Fees' $ t:J :;r- fT1 lr lr t:J "... "'~~~~___~;~,,'fV':;~A~r;~r:...~~:-:-~i:!:"~.~~~':-:r,','~-':'f ~~R,~..~~~:"~':'*i?L;'''4~';''''''''''Y'l~~~'~r.'''''il~'-/';'''!>'''7''.0i<'':''-~~T~'~~1i"tr~.rn,~~;g:"'.": COMMO;:';;;;;L;H~';'~NSYLVA~'''' .v' '. . .-1. NOTICE OF APPEAL .. . u COURT OF COMMON PLEAS - -- -- --'-7 '< FROM ~, JUDI,CIAL DISTRICT DISTRICT JUSTICE JUDGMENT ~ .____h..___m_"__~_' _ _~~~~!I:E~O'~__cG:-/- ~~ 7?5'<" ,(-;Ij'~ NOTICE OF APPEAL-uUU i> / rY( '5ld~: i.-' .0 Notice is given that the appellant has filed in the' above Court of CommOn- Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. _, I . " NAME Of APPELLANT Debbie Enterprises, Ltd ADORESS OF APPELLANT OTYn 11-17 Railroad Avenue, Mechanicsburg, PA 17055 .".., -.. DISt NQ OR NAME Of OJ, 09-3-05_ . ''STATE ZlPCOOE'- 4/11/01 NQ Debbie Enterprises, Ltd. Sl NATURE 7 '''ooaiiiftj' Harriman, Ange1ique "" DATE Of JlJOGMENT IN THE CASE Of (Plaint;ff J cv ~, 0000074-01 LT 19 This block will be signed ONLY when this notation is required, under Po. R.CP.J:P:'No. 10088. This Notice ~ of Appeal, when received by the District Justice, will operate as a .'~ SUPERSEDEAS to the judgment for possession in this case ' ~, .'. R HIS ATTORNEY R I>. Signature of Prothonotary- or _Deputy ~, " If appellant was CLAIMANi'fsee Pa. R.GP.JP. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within Iwenty (20) days after filing his NOTICE of APPEAL. I . '. .. . PRAECIPE TO ENTER RULE TO FILE CO~N-!..AND mpVfp~~ILE " , '''':::1'\_1 (This seetkin of form to be used ONLY when appellairtwas.DEFENQANT (se~ ~. R.C.Ff.Lf. ~oi-~:(~J.\ in adtion,\ befo!q DZsf[ict J~Sti'f';\ IF NOT USED, detach Irom copy of notice of appeal to be served upon apf!f:;JLei!)d ~jJr i \.J V \.--J\' !'-}..:.AJtl'\ '\ PRAECIPE: To Prothonotary \J ., -',',', " (Common Pleas No. . , ..' , Name of appellee(s) ,. ,appellee(s). to file a complaint in this appeal Enter rule upon ,,. , :; J wit_~J!! tWenty -'l_Q) A~~~fter _.service ~ ~Ie .or__s~fer. 'en_fTy_ of jl!dg~~t ~~_n~n pros. . .'"' . " , Signature of appellant Or his attorney or agent ',' . ,appellee!,). .: I..,. . - Name of appe/~s) . .," . (1) YcftJ a're~,nirified'~~t~a rule is hereby Em~r~dtpon you to file a complaint in this appeal Within"t~:ty ~20) ~~s after the dat')of -' service of this rule URQn yo~ by personal service or by certified or registered mail. l (2) ~ you do naJ file 0 complaint within this time, a JUDGMfF NON PROS WILL BE ENTERED AGAINST YOu. (3) The date of service of this rule if service was by mail is the d~te "of mailing. . . RULE: To Date: , 19--.:,... . II- .. '. Signature of Prothonot1Jry Of Deputy . AOPC312-84 COURT FILE -~. - --..-- .~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proal of service MUST BE FILED. WiTHIN TEN (10) DA YS AFTER fiiing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYlVANtA COUNTY OF ell fY) LJ-ff If1./) d ;-ss AFFIDAVIT: I hereby swear or affirm that I served IJ1j a copy of the Notice O~':'PReal. .common Pleas No.D./-:-&78ti (1.'.(,1 upon the District Justice designated therein on (dale of service) J ,9 .D I , by P rsonal service I [!\J by (certiftedy(reg,stered) mail, sender's receipt altach~d herelo, and upon the appeilee, (name) I + Of.- j 111{)f) ,00 ~. '1 , 1/J~ 0 by personal service c2!j certi " (registered) mail, sender's receipt attached hereto. o and furttlJrtllall served the Ruleto Filea Complaint accompanying the above Notice of Appeal upon the appeilee(s) to whom the Ruie was addressed on , 19~ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND BSCRIBED BEFORE ME' t '{) ff ~ \ THIS q i::;t-.. \.. 'JJ~ IJ _____ Iltll' ~ , /v l~ignature 01 affiant ~ h..Jl.J.-r-< _~ ,. Signall), {; of offiCial befQt:.J wet afftdavit was medlJ Title of offiCial NGT-.-. ~ J.~NGTARYPUlIUC ,.o-~p" MY""<:>----1:ft__.._ ., , ~-'>-"""f- (") 0 0 C 'T] s:: :x :.::; ""Ow ". ?~ '1 ;d1 ~g; --< I -C'Jfn UiC;:: u:> :bO ,<2:: r;?6 ;;::c:: -0 -r" ~.- -n ~O ::J: 'J7') >2 .Y2, ,,~m ~ => U1 -< My commisSion expIres on t\ ,- ",-,~ -'-. ~l .' f L\ ~\i~'" ~. . . :. , . ~ ~ I. 1 . c~ _j ~~_':f__--;t;j';: r I' " CLARK LAW OFFICE By: Frank P. Clark Identification No. 35443 3045 Market Street Second Floor Camp Hill, PA l7011 (717) 731-8600 DEBBIE ENTERPRISES, LTD. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 2001-2785 ANGELIQUE HARRIMAN KINGDOM COMPUTERS : CIVIL ACTION Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, Angelique Harriman, with respect to the above-captioned matter. CLARK LAW OFFICE Dated: ;s hI) 01 . Lh t C2wL By: Frank P. Clark Attorney J.D. #35443 3045 Market Street Second Floor Camp Hill, P A 17011 (717) 731-8600 Attorney for Defendant .,-"~~.,- ~~' ~--" ~ i. I - ." >ll.,,,,,,,,,~_,".-r. ,.. , - , . CERTIFICATE OF SERVICE I, FRANK P. CLARK, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Defendant's Entry of Appearance upon the following below-named party by depositin~ same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, this ')\ hIay of \J\\.,~ , 200 L ~ \ SERVED UPON: Geoffrey S. Shuff Saidis Shuff Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 ~,Lf~ FrankP. Clark ~ IU.ll!IU..... IlL ...m. _ .. ,,_ ......H. "" .........~.,. .,..,.. . $;:"'~r~;',,~~iW-_-, .1<(,"',B'I""',~.t:~t&:iij)JiH'~I~fj1JU!!1ll~ .M. _W~", ", '"",.''''..~ _~,_ (") 0 ~ ;:Rm ~~ ;:$~ - l~ ~ '- ~ t:.v ... ~~ ..- .~ .- ~,'."-',~-,- .r~ .. '- .' . C- ~ I c;-, -'n -0 :x N .. :':1: ~ n'1jp :gf$ .'~-\ y :~6 :J:::1 0-- iSM g -< SAIDIS SHUFF, FLOWER & UNDSAY .~" ATIURNEYS_t\T_LAW 26 W. High Street Carlisle, PA ,,"L~,.", "~ '""",,6,:.,,,,,.,,,,........,,.Li DEBBIE ENTERPRISES, LTD Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ANGELIQUE HARRIMAN, individually and tl d/b I a EXPECTATIONS, Defendants : NO. 2001-3256 and 2001-2785 (") 0 0 c: " ;;:: L .,c> -om c:: ~- 52, 58 Z ~1;:: ZC- I -gm MOTION TO CONSOLIDATE ~~ -0 ;~~ ~8. :J<: ?'5:n AND NOW, comes the Plaintiff, Debbie Enterprises, Ltd, by atf~di.igh lP ::::j 1'0.> 3:; -< C\ -< undersigned attorneys, Saidis, Shuff, Flower & Lindsay, and moves this honorable -1 ,f, : CIVIL ACTION - LAW court to consolidate the above cases and avers in support thereof as follows: 1. On May 8, 2001, Plaintiff filed the instant Appeal from a decision of a District Justice, and the Appeal was docketed in this Court to No. 2001-2785 Civil. 2. On May 29, 2001, within the time frames as set forth in the Rules of Civil Procedure, for the District Justices, Plaintiff filed its Complaint. 3. The Complaint was assigned a new docket number by the Prothonotary and docketed No. 2001-3256, and not the docket for the Appeal No. 2001-2785. A time-stamped copy of the Complaint is attached hereto, incorporated herein by reference and marked as Exhibit" A" . 4. On June 1, 2001, Defendant filed a Praecipe to Strike Appeal for Plaintiffs failure to comply with Pa.R.C.D.J.1004A, a copy of the Praecipe is attached hereto and marked as Exhibit "B" . - SAIDIS SHUFF, FLOWER & LINDSAY .-.._,A11'ORNEYseAT-LAW 26 W. High Street Carlisle, P A ['- ,""~~,d " "J.~;.',,:::;::' ',f~' . 5. It is believed and therefore averred that by filing the Complaint in a timely manner pursuant to the RuIes of Civil Procedure for District Justices, Plaintiff is in compliance with RuIe 1004A. 6. The fact that the CompIaint was not docketed to the correct docket number should not prohibit the Plaintiff from pursuing its claims, and the Appeal shouId not be stricken. 7. It is believed and therefore averred since the Plaintiff has complied with the RuIes of Civil Procedures for District Justices, the Defendant has not been prejudiced in any manner. As such a great injustice wouId resuIt if the Court permitted the Prothonotary to Strike the Appeal in this case. WHEREFORE, Plaintiff, Debbie Enterprises, Ltd, respectfully requests that this Honorable Court enter an Order consolidating docket number 2001-3256 and 2001-2785, and further that the Prothonotary is hereby directed not to Strike the Appeal docketed to No. 2001-2785. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By:, ---'j < l , 07\--' ; 6 W. High Street " Carlisle, P A 17013 Attorney I.D. 65551 Attorney for Plaintiff I SAlOIS SHUFF, fLOWER & LINDSAY '" AlTORNEYS-AT-LAW 26 W. High Street Carlisle. PA " L.., t.. -.':";~--' VERIFICATION I verify that the statements made in the foregoing Motion to Consolidate are true and correct and I am authorized on behalf of Debbie Enterprises, Ltd to execute this verification. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. S 4904, relating to unsworn falsification to authorities. DATED: (, - / -0 I . -- ----~--- r ...,-- .... ..J . ~~ L':;:~,,~,,*;j' >~?~ DEBBIE ENTERPRISES, LTD Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNWLY.~ : f~ _ , : NO. 0 I~ 3J~-u -: ~ ~~~ - ~~. c,.-.. --'1\' ~ ~='. ~~ __~ r:, ~ -::~ ~~), '?1..~~j ..;;: - ' .- ~ -'--; / ,'''~ >-;':/1 : CIVIL ACTION - LAW ~~: _. ~j -7 ::r ~_'~: =3 - -- v. ANGEUQUE HARRIMAN, individually and tl dlbl a EXPECTATIONS, Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 240-6200 SAID IS, SHUFF, FLOWER & LINDSAY SAIDIS Dated:r-~q-'OI SHUFF, FLOWER & LINDSAY '. I Ji' AT-I.AW 26 W. High Street Carlisle, P A ph L. Hitchings, Esquire West High Street Carlisle, P A 17013 (717) 243-6222 Attorney for Plaintiff GLtJ A 1- SAIDIS HUFF, FLOWER &LINDSAY ATeLAW 26 w. HIgh Street Carlisle. PA ,-",:,,' ,.~', ,,~I,--:X ..::--:-,?'-:o:'..,- .,,':;>'..,,~~~:~~:,:,"~,~,,~:~~~~~;,~.~:"~~~,::.:::-.,,~~ -... . DEBBIE ENTERPRISES, LID Plaintiff : IN THE COURT OF COl'v1MON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. ANGELIQUE HARRIMAN, individually and tf d/bf a EXPECTATIONS, Defendants : NO. : CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Debbie Enterprises, Ltd, by and through her undersigned attorneys, Saidis, Shuff, Flower & Lindsay, avers in support of its Complaint against Defendant as follows: . 1. Plaintiff, Debbie Enterprises, Ltd, is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal address of 11-17 Railroad Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff owns and operates hair and nail salons throughout the south central Pennsylvania area including Your Hair Connection, Your Mane Cut, DeRielle Designworks Academy and Revelations a Day Spa. 3. Defendant, Angelique M. Harriman is an adult individual currently trading and doing business as Expectations Hair Salon with a business address of 3619 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011. 4. On March 1,1999, Defendant accepted employment with Plaintiff as a nail technician. ,-,.-~ 'l' SAID IS SHUFF, FLOWER & LINDSAY A'MAW 26 W. lIlgh Street Carlisle, PA -~~..~ '.::,.",-..,'.. 5. On May 3, 1999, Defendant accepted empIoyment with Plaintiff as a hair stylist and executed an Employment Contract, a true and correct copy of which is attached hereto, incorporated herein by reference and marked as Exhibit" A". 6. By accepting employment with the PIaintiff as a hair stylist and executing the Employment Contract, Defendant received additional benefits,incIuding among other things paid holidays, available health insurance, available life insurance and discount on products. 7. Pursuant to the terms and conditions of the Employment Contract, Defendant was to receive compensation in the amount of $5.15 per hour payable bi- weekly, less taxes, and additional compensation inform of a commission on service sales 25-50% payable bi-weekly after the employee has doubled her hourly wage or salary in service sales. 8. The term of employment as a hair stylist began on May 3,1999, pursuant to the terms of the Employment Contract and was to continue thereafter on a week to week basis with either party having the right to terminate the agreement by giving two weeks written notice, and the Plaintiff retain a right to terminate the Defendant at any time. 9. As consideration for extending employment to the Defendant, the Employment Contract contains restrictive covenants providing as follows: Upon the termination of empIoyment of the Employee, whether by Termination of this Agreement whether by the Employer or the EmpIoyee, the Employee shall not, directly or indirectly, within a radius of five (5) miles of the salon at which hel she was employed enter into or engage in any employment with any individual, corporation or partnership SAIDIS HUFF, FLOWER & LINDSAY -AT-lAW 26 W. High Street c.rIisle, PA , ,I ~, . ,~ "~.~~ , ' : ~ -,'~~~'l<~ ~ :" ~ - engaged in the business of providing hair styling services or any other business in which the Employer is presently or hereafter engaged. These restrictions shall appIy to the EmpIoyee either as an individual on his/her own account or as a partner, shareholder or joint venturer or as an employee, agent, officer or director of any corporation or partnership or in any other manner for a period of six (6) months after the date of termination of his/her empIoyment with the EmpIoyer. See paragraph 5 of the Employment Contract attached hereto as Exhibit" A". 10. The Employment Contract also provides for damages in the event the Defendant failed to abide by the provisions. Pursuant to the terms of the Employment Contract, Defendant agreed to pay Plaintiff as liquidated damages the sum of $100.00 per month for each month in which she was employed by Plaintiff with a minimum $500.00 fee. 11. Prom May 3,1999, until December 2,2000, Defendant was employed by Plaintiff as a hair stylist at Revelations a Day Spa located at 11-17 Railroad Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 12. On December 2, 2000, Defendant's employment was terminated by the Plaintiff when it was discovered that the Plaintiff was in the process of opening up her own hair salon, and was actively soliciting Plaintiff's customers to bring their business to her. 13. On or before December 5, 2000, Defendant opened up a competing hair salon, Expectations, located at 3619 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania, 17011. - " SAIDIS , FLOWER &UNDSAY '~I..ATi'lAW 26 W. High Street Ca,Ils\e.PA ..', '.--:':~,:fJ'}~;::c:: ,-~~.o..~~;J~i!!-.~~~~:;:~U 14. Expectations is within a radius of five miles of ReveIation's a Day Spa, the salon at which Defendant worked for the PIaintiff. 15. Defendant entered into her empIoyment with Expectations within six months after the date of termination of her employment with Plaintiff. 16. Defendant is in breach of her Employment Contract with PIaintiff, as she has failed to abide by the terms and conditions and provisions of the contract, and as such, she is liable to the Plaintiff for liquidated damages in the amount of $100.00 per month for 21 months during which she worked for the Plaintiff for a total amount owing of $2,100.00, plus interest, costs and attorneys' fees. 17. Despite demand by the Plaintiff, Defendant has refused to pay all or any part of the liquidated damages owing to Plaintiff. 18. Defendant, in addition to violating the Employment Contract, has solicited customers of Plaintiff and has provided services to customers of Plaintiff at Expectations. WHEREFORE, Plaintiff, Debbie Enterprises, Ltd, demands judgment against the Defendant in the amount of $2,100.00 for liquidated damages, plus interest, costs and attorneys' fees, which amount does not exceed the jurisdictional amount requiring arbitration. By: espectfully submitted, S ID '~" eph L. Hitchings, Es 26 W. High Street Carlisle, P A 17013 Attorney I.D. 65551 Attorney for Plaintiff - , I :-, ,~~,.;__,~?:-:i:.; I .... . . ....~.... ..~., ',.",,~~~~ .' ~,. . ,," ~~ ,.:,< ':.',~':',' :,'~::f:;,:,:: :-,~::;.~,~.':'i::'~:f!3~,;:~':~;":'-: VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct and I am authorized on behalf of Debbie Enterprises, Ltd to execute this verification. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. S 4904, relating to unsworn falsification to authorities. DATED: '5-2.q~\ Debbie Ralph ",...~ ",...-r-~-"I:r; ~7 -' Z 7L7 697 6497 DEBSIE ENTE~-LT~. '. ", p-;':e'lf :~":.~- . " ... ~,'., .l~ , . r f' ,," DEIUUE EN11'JU'RlSES, LIT). EMl'LOYMENf CONmA<:r U - /);r! us 2-- :!>-_-.. ("the l;:'nl'loyet"') day and of lv\t'-'~_'_ H ,,_' 1922. betwet!!l ' _~('''\'~VJ~ f\!c'j.l.\!l.LJ-__-"- ("the Agree.cent made J)-~\:hf'..L~(:,~~ Employe,,"). 1. DUllES: '11.c Employet' H/'}"es 10 employ and the Employee accep''; employmellt as II hair stylist and/"," man"f,eL 'l1.e E"'l'loy"e'~ duli"" sltaIl cOtL~;~1 ofp' ovidill& hair stylin~ services for the. Employer"~ cust<>tuers, relltlcring hair styling awl hair care advice 3nd illslt uctions to Ih~ E.nl'(oycr's c,mlomer:;. tIll~ "ellin!; ofha;r" Hnd "eauly IU odud" o/l"e"red l1y Ihe E"'I,loy""', "Uendin/: 1I""uling funclions "nd sernin"'''5- and such other dulie!; ,,~ the Employer Illay fi:om lime to lime a,;~,i[';.. to the Employee. (MANAGr~ENr DUnES) 11.e Employee fiull,er agrees ,<> aui!!e by all of the niles, policies, regulalioflS lInd gnidelines which an, in~liluled uy [he Employer" as [.bey JJlay clCis[ n"on! tillle (0 time" Said rul,,-~, policies ..ep,uration:; and guidcli"es lIlHY be ,"cvised, aile. ~d or deleted at fhe ::01" disc. clio" ofthe Employe:'" 2. COMI'ENSAI10N; TIle Employer shall pay to the Esnpl<.>yce the f<,>UQwing compensation: 3" .:5 ",,: ?__~" per h('"r, payable biweekly (evcry oilIer Sallltday) le~~ rellUired decluctit'lL~ fot 3pplicable payn)llla.,es" Salary: _,,, _~~.. (Managemenl) b. it!: additioual compt,tlsatiOIJ. art amount of cOllunission on service SaleS' 25-50";;'. (layable biweekly (every other 5\aturda'l), provided llOwever, (hai. lhis additional coml'en~lltioll sltall be I'''Yllble ollly aflef' lite Eml'lI'yee It;lS dOllbled hislher Itoll.ly wage 0" sala.y ill se.....-ice sales. C"mmissio" "all ue ,"aise!! or lowered at anytime althe Employer's discle!ioll" c. 111e Employee shall receive Ihose employee henefifs, to which be/she is entitled IJ3!:ed upon employment alld lenglh of service a,; scl f(llth in a Sepal"3fe document 111e Employee agl ees Utat s"it! benefit,; tl1"Y be HIt"re" or amellded at the ""Ie ".~screliofl ofthe Employe,'. 6.,; tY 3. TERM: l1ul emplojmeflt ,;1t,,1I begin 011 J-c":.(i'~n <:)~} (fCl_ and shall continue lhereaRer on " week-Io-~veek uasis, Either I'",ty may lellllln3t~" this agr"eemenl at the end of any week by givitJg two (2) week's ~~7'illell "of Ice (0 Ihe orllet' P""Y, pfovided however. Usat the F.mJ'loyer may . lenniuale the l~nployee al any lime, wilh t'r wilhont (':ood calise and without ""ell nolice if. in lhe opinion of.'1IIId at the ,;ole discelioll of th~ Employer. the Employee has violated any wOIk ,ule, assigrunent. l"espolI!:ibility or requit"ement ofthe Employer" 4. J.1MrO:nON!'> OF ACl1VrIY: Except 'll: e-'p'es~ly approved in ",,-riling by the Employer, du.-iogthe tcsm ofUlis Agreemenl. the Employ"e :,h,,1I (\e,.ole his/her be",' <"l:1011", and his,',,," enlire time to advance Ihe u.lere:;(s of lhe Employe.:". aud he/,;hc "h;lll nol diJ(,ctly o. illdi.'ectly, individually Qr as a member 01" :my p311ne'''ship. or CO'l'oratioll. l1e cnEl~ged in or" cOllcerned wilh any (ltber commercial dUli"" or l'Ufsuits whatsoever. ...~. iIII_ '~~: "' - ~J~~~"9~tl ~4b:4~ [,I I " % 717 &9'7, 6497 "~ -. I DEBBIE ENTER lTO ~' ~~~i~F; nifi . - (" t'""' ' 5. . ~STlUC11VE COVENA NT~: Upon lhe temlinalion of employment ofthe Employee, whether by ~cl1ll1l1allol\ of this Af:l'eement !Jyt,~le J~~lr:l~yel' !II' the Employee, Ihe Erul,loyee shall not, directly or ' lIldltecl~y, wIthin" n\(lill~ of ",v', ", V, ),~ilc" oflbe ""Ion "t which hclsl~e W8~ empl.oyed eulel: inlo or ellf,ar-" III ""Y eml'loymenl ~""Ilh allY IIlch....,dllal, ""'I'Ol'nhon or paltnershlp engaged In the busllIess of pl'ovidinr, hair ~lyli"r. ~ervic:e~ or ;lIIy olher b,millem' in which lhe Employ"r is presently or h",eafter ~~'r,al'.ed, 1"""" 1',,~1I'icIi01\" shall "l'ply 10 Ihe Employee eilhel' as all illdivid""l on hi./her OWn accounl or 3~ a plU~lel', a sh.uehol.der or a joint "culmer or as all employee, agel~:, o~j.!:~., or di.eclo.' 01' any "'COlpOI all Oil 01' "lUlllel"lllp or III 'illY olht,r '"allll''' fiu a p(:c io" of 1;1,.'1 " (1,,) moullls "fI".. the dale of tcrmination of hi 51 her eml'loYllleul willi Ihe Employ"r. . III the event Ibe Employee faib 10 abide by Ihe I" o....isio.}".?,,1 fortb aboy". be/she ngn:es to I,ay 10 tbe Employer as He!uidaled dllmnf(es Ille Sllll1 oft IVri'_,<:~_ pryncllllh for each IIwllth ill which ha/~he wa!: employed by Gaid employeI'. With 3 minimulll So ....&1?~..) }Jee, nle covennnt contailled inlhis I'llragral'h five shallllol apply ill the "",,,nl the Cmployer di!:colltinue$' business for lhirty em) consecutive day", in which e\'ent Ibe Employee would be released frOl~ his/hl!l"" covenant. lllis covenanl {'n the part ofthe Empl"y"" shall be c{\Dsll1l~d ..~; 811 agreemenl independent (\f any other provision of this Agreemenl or (he Elli:,ten,," of allY olher claim or calise ofac:lion held by Ihe employer. '111e Employ,-!" h3~ rdied "l't'lI Ihis covenant in eXlendinf, cmploYlDcnt 10 Employee, and Employee aclmO'lovled~es s\lch e'"l'loymenl ol'l'llllunily a, ~oo,l nllll ....nlll"hle elmsid"l'lIlioll for Ihe covenant given, Any Legal fees and/t'., Collectit'n lee!: illclIl'I'Cd [0/' enfol'cillB lln~ agrcemellt will be at Ibe Employee's "XI'ellse. 6. GENERAL J>ROVISIONS: 'I1lis A~teclllcnl Sl'persedes all olher agreemellls previously made by and belween the palties relallllf, fo il~' !:lIbject maileI'. 'Ilii!: J\r-:reemenllllay only be "mended by ;I \'1'1 ili"B r.ie,ned by b()tll the p3Jtie~', Any notice to ue deli\'ell'd nud(~1 tJli!, Agreement shall be givelJ ill w\ilill!!: "ne! e!eli....cl'ee!.llclson3Ily '''' by c{'tlili,',d mail, IHI!'I"f~e lll"l'aid. addle!'~ed 10 the FJlll,!oyer 01' the ElIIl'ltlYl'e Rllheilla~lkllowll adclr{":~ Nt, delay (lJ" f:,ilnrc by cilhel pa.ly lo c.\cl<:i~e any Ilghl nucleI' thi, J4;1~I.'J.W:al,<.aud n<, P;ll Ital ('I' single ex "I ci::l' (.f Ihal righf. ~h;J1I c:UlI"tilllle a wai\'cr of Ihal or allY oUler r;ghl, lle"dillp,s ill \hi~ AgreemC'll\ 31 C for cOI"'el1ielln~ ollly :\1\(1 ~hl\lll\ol be llsed lo illlell't'lll or cOllsll1le il,: I'\'()vi~iow:< This Agreement ~h311 be CNlshllcd in 3e:collJance wilh and f',ovellled by the laws oflhe Comlllollwr,(\llh of l'cIUlsylv:tni a ;lIId 11:Il: ueell accepled at the corp orale offices of flu: Employer in Cumbe.land Coullly,l'rllll!:yh'allia, 'l1li!l Agl erlllenllllllY be c.~eCllted in IWI. (II more tOlDllctpalts, each of which shall be deemed an original, !Jill all of which lor-edlcr shl.1! he binding upon 8lJd inlll c lo dIe benefit orlbe p3l1ies and Ibeir respecli....e suecesso! S :lIIcJ 8!:!:igru:. " , , / 1-. .,' '. , -,- - . - , -- . ... ,0-7< 0-""7-' OE8B:,~E ..~~.r.~_~,: ~~~~'~~, ~:y:':'~~~~4:~~~f/ . r r"," ' I IN WITNESS WHEREOF, t!lC pi'.tties ha\'c signed Ulis agreement ATTI.Lc;T: , n.,\.lbic EnICtprisc!r, L1D. lia Your Hair Conncction. Your Mane Cut. DeRielle ~~~rkSACa(lcrnyandYOllrHairWO]kS~, ' . iit>-W~~c.""',,,= .~...r6'"_, ,',', ' ny: SECllliIARY/\VrrNES~ WITNESS: BY; ---,.,"- EMPl.OYEE: ~_-_ _R",jj"~,,,~,~~,. - " -. - 7177373407 SAlDIS SHUFF MASLAND 810 -P03/06 JUN 0i-'01-~14'1"( _ CLARK LAW OFFICE By: FrankP. Clark Identification No. 35443 3045 Market Street Second Floor Camp Hill, PA 17011 (717) 731-8600 DEBBIE ENTERPRISES, LTD. : IN TIlE COURT OF COMM:ON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 2001-2785 ANGELIQUE HARRIMAN : CIVlL ACTION Defendant PRAECIPE TO STRIKE APPEAL TO THE PROTHONOTARY: Pursuant to Pa. R.C.P.D.J. 1006, kindly strike the appeal from the record in the above-captioned matter for Plaintiff-AppeUant's failure to comply with Pa. R.C.P.D.J. 1004A. CLARK LAW OFFICE Dated: S/V/t)J . By: J--~~( ~ U~ Frank P. Clark Attorney 1.0. #35443 3045 Market Street Second Floor Camp Hill, PA 17011 (717) 731-8600 Attorney for Defendant &l'l,;-t 0 SAIDIS SHUFF, FLOWER & LINDSAY __,..?ATI'ORNEYSeAT-LA.W 26 W. High Street Carlisle, PA ',-~" " .J - _.~ ~",""L "~~",,, CERTIFICATE OF SERVICE On this 1 f:rf I hereby -:r~ day of , 2001, I certify that I served a true and correct copy of the foregoing Motion to Consolidate upon all parties of record via United States Mail, postage prepaid, addressed as follows: Frank P. Clark, Esq. 3045 Market Street, 2nd Floor Camp Hill, PA 17011 1 ~"~ l .J, I . ~, ......;",. ,'"' ~ ilWit DEBBIE ENTERPRISES, LTD., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELI QUE HARRIMAN, Individually and tJd/a/a EXPECTATIONS, DEFENDANT ~ 01-2785 CIVIL TERM ./ : 01-3256 CIVIL TERM ORDER OF COURT AND NOW, this "')...\ day of June, 2001, a Rule is entered against defendant to show cause why the motion to consolidate, should not be granted. Rule returnable ten (10) days after service. Any answer filed shall be forwarded by the Prothonotary to chambers.1 By the Court, Edgar B. , J. :saa 1 We note that this petition was filed on June 5, 2001. The Prothonotary, on the petition of defendant, had already stricken the appeal on June 1, 2001. Cor'! .-ncH'lE.J.. -to ~ .J.1.:J.J..I~ .;k'Yf m.Iy ~ (. /.;1./ 0 I .':..+/'1 ... .-h,w"de"..b~;t"-,1""!!ct&l',U.".:"')> """"7,,,..,,;"'C.~,,,,,JijJ"~',_-;;i.ik. ~k;.', ';0,. - ~ 0""""\,,,,,,,~_,~,, .., _ =,~.._~,~~,~, u'.."""'-,",,,",, "~."., .~ M..' . .":,,,",.,gi.,(.',,'-\_"ilitil,~w.iM1i~iMlt-.li<-jl,'!4;'-*,"<k."'-"'''''U~'4.,''''''''''''&,,";c;l...:iliJIli;~,_~~'~~iIllll1 -" ^' ~" , VINVi\lASNN:J'1 I 'J'Jn'I'''\{''' 1'1,., _'- ....1'- IU":,,', I, "\""i".nnl"n'l ...., "", ',' , -Fe"jI ~ ..... 98 :;:: i :,1 ! H~ ~ )i' . , I G I'" Ii In .\, )'Jj~':LC':\ ,-_' ,j- " S) -f " ,~" ~-~ - ~,l r ,-.".'"-' ~ - ; I ~ -.lL~_-';'~' CLARK LAW OFFICE By: FrankP. Clark Identification No. 35443 3045 Market Street Second Floor Camp Hill, P A 17011 (7l7) 731-8600 DEBBIE ENTERPRISES, LTD. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2001-2785 ANGELI QUE HARRIMAN : CIVIL ACTION Defendant NOTICE TO PLEAD To: Debbie Enterprises, Ltd. c/o Joseph L. Hitchings Saidis Shuff Flower & Lindsay 26 West High Street Carlisle, P A 17013 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted: CLARK LAW OFFICE Dated: I..t I'l..h I 01 By: ~ e CQwfl Frank P. Clark Attorney I.D. #35443 3045 Market Street, Second Floor Camp Hill, PA 17011 (717) 731-8600 Attorney for Defendant ~ - ~ i j "~ -" ~"""-,_""",,,,-',"A CLARK LAW OFFICE By: Frank P. Clark Identification No. 35443 3045 Market Street Second Floor Camp Hill, P A l7011 (717) 731-8600 DEBBIE ENTERPRISES, LTD. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2001-2785 ANGELIQUEHARRIMAN : CIVIL ACTION Defendant ANSWER AND NEW MATTER OF DEFENDANT ANGELlOUE HARRIMAN TO PLAINTIFF'S COMPLAINT NOW COMES Defendant Angelique Harriman, by and through her attorneys, who answers the Complaint of Debbie Enterprises, Ltd. with New Matter and avers in support thereof as follows: 1. Admitted on information and belief. 2. After reasonable investigation, Defendant is without sufficient knowledge or information to admit or deny and the averment is therefore denied. 3. Admitted. 4. Admitted. 5. Denied and strict proof thereof demanded at trial. To the contrary, on May 3, 1999 Ms. Harriman signed the Employment Contract with no change in any terms or conditions of the employment that she began on March 3, 1999. 6. Denied and ,strict proof thereof demanded at trial. To the contrary, the benefits stated in the Employment Contract reflected no change from benefits that Plaintiff provided Ms. Harriman from the beginning of her employment with Plaintiff on March 3,1999. 7. Denied as stated. To the contrary, the compensation stated in the Employment Contract reflected no change from compensation that Plaintiff provided Ms. Harriman from the beginning of her employment with Plaintiff on March 3, 1999. 8. The averment is a conclusion of law to which no response is required and is therefore denied. To the extent an answer is required the averment is denied, as i,j Ms. Harriman's employment with Plaintiff began on March 3, 1999 and her services as a hair stylist did not begin on May 3, 1999. By way of further answer, Plaintiff's 'presentation of the Employment Contract to Ms. Harriman after Ms. Harriman's commencement of employment renders any noncompete provisions of that document void. 9. The averment is a conclusion oflaw to which no response is required and is therefore denied. To the extent an answer is required the averment is denied, as Plaintiff presented the Employment Contract to Ms. Harriman after Ms. Harriman's commencement of employment, rendering any noncompete provisions of that document void. 10. The averment is a conclusion oflaw to which no response is required and is therefore denied. To the extent an answer is required the averment is denied, as Plaintiff presented the Employment Contract to Ms. Harriman after Ms. Harriman's commencement of employment, rendering any noncompete provisions of that document void. 11. Denied and strict proofthereof demanded at trial. To the extent an answer is required, the averment is denied, as Ms. Harriman's employment with Plaintiff began on March 3, 1999 and her services as a hair stylist did not begin on May 3, 1999. 12. Denied. 13. Denied. 14. The averment is a conclusion oflaw to which no response is required and is therefore denied. l5. The averment is a conclusion oflaw to which no response is required and is therefore denied. l6. The averment is a conclusion of law to which no response is required and is therefore denied. 17. The averment is a conclusion of law to which no response is required and is therefore denied. l8. The averment is a conclusion of law to which no response is required and is therefore denied. NEW MATTER 19. Ms. Harriman's responses in paragraphs 1 through l8 are incorporated by reference herein as if set forth in full. 20. The Complaint fails to state a claim on which relief can be granted. 21. Plaintiff presented the Employment Contract to Ms. Harriman after Ms. Harriman had worked for Plaintiff for two months. c '- ~ "","_~d '>'~~ : I I j , , .J '""~.......;,,,,i 22. The provision of the Employment Contract purporting to establish a "Restrictive Covenant" is not supported by consideration. 23. The Employment Contract provision purporting to establish a "Restrictive Covenant" is void. 24. The Employment Contract provision purporting to establish a "Restrictive Covenant" is unreasonable as to time and/or geographic scope. 25. Ms. Harriman developed a well-established clientele prior to commencing work with Plaintiff and prior to executing the Employment Contract. 26. Plaintiff has attempted to use the Employment Contract to appropriate Ms. Harriman's clientele without paying consideration to Ms. Harriman. 27. Plaintiff has no legal or equitable interest to protect in the Employment Contract. 28. Ms. Harriman is not liable to Plaintiff for payment of liquidated damages, legal fees, collection fees, counsel fees, interest or other costs. 29. Plaintiff brings this action directly contrary to established law. 30. Plaintiffs action is not based on a good faith argument for the extension modification or reversal of existing law. 31. Plaintiff is liable to Ms. Harriman for reasonable counsel fees and expenses or other appropriate sanctions under Pa. R.C.P. 1023. 32. Plaintiff is liable under the Employment Contract to Ms. Harriman for legal fees incurred by Ms. Harriman. CLARK LAW OFFICE Dated: It It-I J 0\ By: ~f~ Frank P. Clark Attorney J.D. #35443 3045 Market Street Second Floor Camp Hill, PA 17011 (717) 731-8600 Attorney for Defendant ",~"-,-~ ,l J , ., VERIFICATION The undersigned, ANGELIQUE HARRIMAN, hereby verifies that the facts set forth in the foregoing Answer and New Matter of Defendant Angelique Harriman to Plaintiff's Complaint are true and correct to the best of her knowledge, information and belief and further states that statements made herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DmMJf)lS 161< a~~~ , , ;....,"~~'~,,;;;[ i ~" ,I ~~';;\:f_"""J , . , CERTIFICATE OF SERVICE I, FRANK P. CLARK, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Answer and New Matter of Defendant Angelique Harriman to Plaintiffs Complaint upon the following below-named party by depositing same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, this 'l- , day of June, 2001. SERVED UPON: Joseph L. Hitchings Saidis Shuff Flower & Lindsay 26 W. High Street Carlisle, P A 17013 LL <<: [0/) FrankP. ClarK ~lkfu;~.ii!l,~,~;~...JC!,;i:;1~~L;;'dcdl";:,j'i:<1"1~';iJl\-!jl'i~1l4~ltW; ;~,&.-;;"g;".l-'H"l".,,~-;';U,,:V,' 'i."h$,'"""!,,i~lcitlU::\1!i-~~~_&~ljilalb1li~..tiiW.;,jjdll~~!!mM~' '~~~"""'nt~"'"""""'b "ilI . , 1; n c:; C ~:'. T /",- ~ l r"J C/ f',-, -, r, , , -''f 5i ~o -n 5~ - i..,,) () 1',) c~ iT1 C Z r- ~ ::<i CD ',0 -< ill _.,~-~ " ~ """, ..i_J - ""'" "'~r. ~~t.. .- t JUN e S lfJDiIJ CLARK LAW OFFICE By: Frank P. Clark Identification No. 35443 3045 Market Street Second Floor Camp Hill, PA l7011 (717) 731-8600 DEBBIE ENTERPRISES, LTD. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 2001-2785 ANGELIQUE HARRIMAN CIVIL ACTION Defendant PRAECIPE TO STRIKE APPEAL TO THE PROTHONOTARY: Pursuant to Pa. R.C.P.D.J. 1006, kindly strike the appeal from the record in the ) above-captioned matter for Plaintiff-Appellant's failure to comply with Pa. R.C.P.D.J. 1004A. CLARK LAW OFFICE Dated: sh 1 Iv} By: LL~ ~ uA Frank P. Clark Attorney LD. #35443 3045 Market Street Second Floor Camp Hill, P A 17011 (7l7) 73l-8600 Attorney for Defendant June 1, 2001, Appeal Stricken. Curtis R. Long, Prothonotary ~ 2.7tz~u~ --p-~' ~ - ~ ,-- "1 ............_.'J, ~<~'r."~lF:J ~ . CERTIFICATE OF SERVICE I, FRANK P. CLARK, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Praecipe to Strike Appeal upon the following below-named party by ""p",,"~ "" u.s. _ pooo" pro-p.~ " Cmnp Hill, P"'""YN'.;, "" ~ day of ,2001. SERVED UPON: Geoffrey S. Shuff Saidis Shuff Flower & Lindsay 2109 Market Street Camp Hill, P A 17011 ~ g CQ~ Frank P. Clark I..,,' " :if",'iM;bl~,b;illfj,:;j~,illo.,j, j;j;~!$1[g,<i!,A~,,,,gl"'"l-;,,;!,,,,-j.;,;t''''''''''_",i-'''~t,,,.,k-b' "',' ","1-"O:,"d,"'\":-d;"'Hil;iui1LitM~~Iml!o\~*~'<>i!~s"",_",*,~.~L<l~~ II i', ~ . ~ 0 0 0 c: ..., $:: ~ c"-l ~ro c:: l~~:n IT' Z ::0 -,;hl ~~ I ,;I~i? [<CJ :::,0 -0 ~X',---YI ~8 :x ;--:n ,,to ::i>c: ~ ofT1 Z ~ :~ c,.) -< lI.!.H,)".L,Juti,..n.llllllllll!ll !.!. .1. L~. ",'''0''""'."", M'."~' ". .m , " ~c", - . ~ ".. '~- '~ -. ,,,,,,,,I DEBBIE ENTERPRISES, LTD., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELlQUE HARRIMAN, Individually and tJd/ala EXPECTATIONS, DEFENDANT ~785 CIVIL TERM : 01-3256 CIVIL TERM AND NOW, this ORDER OF COURT 12- day of July, 2001, the above two captioned cases, ARE CONSOLIDATED at Docket Number 01-2785 Civil Term. By the Co ./ (t . EdgarB. BaYle~11 Joseph L. Hitchings Esquire For Plaintiff / :saa L~ Frank P. Clark, Esquire For Defendant