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HomeMy WebLinkAbout01-03256 DEBBIE ENTERPRISES, LTD Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ANGELIQUE HARRIMAN, individually and t/ d/b/ a EXPECTATIONS, Defendants : NO. 0)- 3;2)"- : CIVIL 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 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: f - ~ q -'01 SHUFF, FLOWER & LINDSAY ATf(lRNEYSeAT.LAW 26 W. High Street Carlisle, PA ph 1. Hitchings, Esquire West High Street Carlisle, P A 17013 (717) 243-6222 Attorney for Plaintiff II ,-J' "" "',~ ~ '-,., ,'"I" "'-s ,,.ir',' "0' ~j;;,,~-;';;"i,~-_j_',", , '" ''i-'!;~; JAMES D. FLOWER JOHN K SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL r LINDSAY JOHNNAJ, KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attomey@ssfl-Iaw.com www.ssfl-Iaw.com WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE July 3, 2001 The Honorable Edgar Bayley Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Debbie Enterprises, Ltd. v. Harriman No.: 2001-2785 and 2001-3256 Dear Judge Bayley: Pursuant to your Rule to Show Cause, enclosed please find the response which Attorney Frank Clark filed on behalf of his client, the Defendant in the above case, Angelique Harriman. Please note that he states that the Defendant has no objection to the consolidation of docket numbers 2001-3256 and 2001-2785. Accordingly, I request that you please enter the appropriate consolidation order. Sincerely, SAID1S, SHUFF, FLOWER & LI~mSAY ~~ i \....--. J, '1r L. 'itch s JLH:tdm CC: Frank Clark, Esquire Debbie Ralph, Debbie Enterprises (w/enc) .~ ".~,~ ~ .-'- iIiiO ~' " '-"-"" ,;',':-(i -f "-"" - ,---" ''''~-~'',;i " , - ~ . .. CLARK LAW OFFICE By: Frank P. Clark Identification No. 35443 3045 Market Street Second Floor Camp Hill, P A 17011 (717) 731-8600 DEBBIE ENTERPRlSES, LTD. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-2785 ANGELIQUE 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 been 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. "",",,11" , " . - .~- .", -->-:.",._-t;, :" . __ . ... " I . ~"~;l", '-- ':_ '1tlr'-'" . " .J~~" ~'-"':4l'~ -- :;ft""-,,,-:;, , ''','t-''::{"'~,,J:__)..,~: \., '-c_,I.:, ", , -,,-'L;I WHEREFORE, Defendant has no objection to the consolidation of docket numbers 2001-3256 and 2001-2785. Dated: ~ 11, 7- C'01 ,- ",""'-"'. """"~'t-I,,,,,. ..:c^ .,;-' CLARK LAW OFFICE By: ~ ~. CQ~ FrankP. Clark \ Attorney ill. #35443 3045 Market Street Second Floor Camp Hill, P A 17011 (717) 731-8600 Attorney for Defendant , -__'_"':._'0" , I" .."'"""'~- ,"~_..~ ,.=.1.1]. ' ., ",.1, ".<-',,\,- ,.^",-; ~-.','."",o-Ei.~c.\;1 ','.,.-,' ,;,-. }"<'>:-"-'~""~';~~' '~-::::~~~ if ".'~ ':1 '"" ,. :; '~;~':f':, ' , ~ CERTIFICATE OF SERVICE 1, 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~ l1Y depositing same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, this U day ofJune, 2001. SERVED UPON:. Joseph L. Hitchings Saidis Shuff Flower & Lindsay 26 W. High Street Carlisle, PA 17013 W e C2Q FrankP. Clark , '.' ',~.. ~ ,,~ ,,, '-' SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 w. High Street Carlisle, PA ~ ,; . "'u-,-'''J' , ' -' ~'-' I~ DEBBIE ENTERPRISES, LTD Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. D/~ 3.:26(;. ~ -r~ v. ANGELIQUE HARRIMAN, individually and t/ d/bj a EXPECTATIONS, Defendants : 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. II SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Stree' Carlisle, PA , ,-" ~" ~, ,--, i ,~ " -~ " ~ '"-, ,I ,,-"~ '. 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" A". 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 employed enter into or engage in any employment with any individual, corporation or partnership II SAIDIS SHUFF, FWWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, PA ,..;., 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 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 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 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. From 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. II ~- ,~ SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, PA ~ 14. Expectations is within a radius of five miles of Revelation's a Day Spa, the salon at which Defendant worked for the Plaintiff. 15. Defendant entered into her employment 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 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: espectfully submitted, S ID ,~~F, eph 1. Hitchings, Es 26 W. High Street Carlisle, PA 17013 Attorney LD. 65551 Attorney for Plaintiff ""'---- ,. " .' ~ '';, ::.1 ~ <..: ., - '''-', , < ',,:. 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: t5-2.q-Cl\ 04/24/01 20:47 ," "",-- ',-,,, " :z:: 717 697 6497 ~" ~ - DEBBIE EHTER LTD . P.01 , . r f' AgreClccnt matle J);~-,b.["LA::l~c'.7C .':. Employee"). ])JillHlE FN"Il'JU'RISES, LTD. EMl'LOYMENT CONmM:r . /) t'" Ihls .,-:J.~.. ("Ihe EIDI,loyel") d~y anti of ~\(~'k -- - -' 19 19, between Jl>,If\' 'V". :th'-, ,l\!lLi_____~ ("Ihe 1. DUllES: 'llle bupl"Y!!I' hf)eeslo em(lloy and lI,e Employee accel"s cml,loymcnt as a hair slylisl and/or manage\. '/l,e EIIlJlI{,y{,"'S tlnti,,!: shall cOllsisl of (I' {widing hail slylin~ set vices fOllhe Employer's cuslomels, .emlcring hllil slyling arul hail care aclvice "uti insltUl:liollS to 'he Employer's cuslomers, the ~elli"ll of hair .lUd "e~uly I'I(.dud. offered by Ihe ElIIl'loyer, llllelldiup, trHilling fWldioUls and seminars and ~lIch olbel dulies as the Employer lIIay Jimn time 10 lime <Is"ir,n 10 the Etlllllo'ice. (MANAGEMENT DUllES) 'n,e Employee filllhel ar,rees 10 a!Jitlc by all of Ihe IlII e!: , policies, I egulatiol's IIl1d guidelines which at'e instilllled by Ihe Employer as lI,ey lIlay mllsl J/'('11I lilne 10 lime, S;tid mIl'S, policies .el\lIl,3Iions and l~ui(leli"es Inay be !evised, aUe, ~d or deleled allhe sole diSCI clion <.flhe Employer :t COMl'ENSA'Il0N: llw }!~nJllo,ver shall pay (0 Ihe EIllI.loyee Ihe following cOhll'cnsation: 8. _,::'5.:,~ ~__~. per 1111111', I'ay"ble hiweekly (evel y oIlier Sall/Jdl\~') le~~ re(luircd deduclit\lls fOI "pl,li<:ahlc Ila)', olll:.xes. Sall'l1'Y: _ (Managemenl) b. ;\~ additional coml'l!llsation. 1111 aJllollnl of cc"'"ni~sion 011 service SIdes 2)-50"10, (Iayable biweekly (every IIlhel Sillurday), provided howl1Ver, Ihal Ihis addi'ional cOlllpensation shall be l'ay,,"le only ann the Employee hltS doouled his/her hOlllly wage or salary ill sel.ice sales. Commission ran be .aised !>t. lowered alllnylime alllle Employer's discrelion c. 111e Ernl.loyce shall receive Ihose elllployee henefih: 10 which be/she is enlilled IIased "1'011 cllll.loymcnlllllu ICllglh "f llelvice as Coel fOllh in a sellO.f3te document 'llle Employee agll~er. that said IIelldits may lie alleled or amended a\ Ihe sole discrelion oflhll Employer. '-\)j \\1' 3, TERM: '111e employment shall begin 011 J.(~":,(I'~ __ /l ~~l(t _ ___ lIIld shall continue Ihereafter on II week-'o-\-veek bllSis Eilher I'al ~y lIIay lelllllllal/\ this a&eemellt ll! Ihe end of allY week by givi/lg two (2) week's nl'illen ,,,,!ice III Ihe olher !,lIIty, IJllIvided howevel., Ihat the Fnll'loyer may , lennillllle the Employee at any lime, will. ('r withont f,<:ood call~e and without ,,"ch Itolice if, in the opinioll of and at Ihe sole e1isclclio/l of 1111) Employel', the Employee has violated lnlY wOlk IUle, ll$si"unent. lespon"ibilily or requir/\me/ll unite E1l1ph,)'el. 4. JJlI.U'l'J\TION!\ OF AC-l1Vny: F.xupllls el<ple~"ly ~PI'r<\ved in \\liting by lite Employer, duriog the lellll oftllis Agreement. Ihe Employee l,ha\l de\'ole hislllel be.1 ~l1'o,1s IInd his/her elllile time to 1l(lvmlCe lite intere::ls oflli/\ Employer, and he/she ~h;t1llJol di.(,clly o. illtli.edly, i/ltlividnally (lr liS a member of any l'31tnersltip, or cOll'ol'3lioll, he engaged jJl or cOllcemed wilh a/lY olhe!' commercial dOlies or I,urr:uils whatsoever. " ,', - '"'~ . 134/24/131 20:48 I". _, z: 717 697 6497 ,';;'- " <' ~,;---; DEBBIE ENTER LTD P.B2 r r- Y RESTIUCl1VE COVENANTS: Upon the tennirmlion of employment of the Employee, whether by ~ellllinl\lioll of Ihis Agreement hyt,~'e ]~~ll,hlyer (II' the Employee, the Employee shall not, di.ecllyor ,mllledly, within ~ Iadill~ oft;lIf' V, )mile~ oflhe "aloll at whi"h he/she WllS employed elite. into 01' enf.~/(e '" ~IlY cllll')oymcllr Wllh allY lI1<h.....u)llal, "OII'OllltiOIl 01 1'311nelr,hjl' enr,ftp,ed in the IJUsirless of I'.ovidinr, h"it slylillg selvicc~ 01 _my olhel bur,iller,~ in which thc Eml'loyer' is l"'esentty or I,eleafler cllf,"l'.e& 111Me .e~"jcli"lls sh"lllll'ply to the EllIployee eilhm' a' all illdividllal on hi"/locl o\\.-n "ccount or as a J'lII~lel, II shlllehol.der o~' II .ioint velllm CI 01 ,."s all employce, a/',el;~, o~l~~. or di, eclor 01 allY COI pOlal1on 01" plll tnel slnp or III ;'lIY olh(', III alii"" [", " I"" 10.1 "f.l1;..,/ " (l" mOIlIl.s aflel Ihe d"le of tel'minalion ofbis/hel' employment wllh the Employer. III the e.....e,,1 the Eml'loyee faib 10 ~bide by Ihe I" nvisioll" fcl fOllh abo....e. he/she ag..."'" to pfty 10 the Employer liS lil{uidated dam"r.es Ihe slim oft k)(i"'.c<"",,, r~yn()lIlh for cach monlh ill which ho/~he \Vas eml'loyed by s~id employel"" With ~ lIlinilllllfll ~ _fipO /" D) "fee, -.---. .". -- 'nle coven~nt c(>IItailled in this 1'"l'agral'h five shall 1101 ~I'ply in the e.....ent Ihe Employer discontinues business for thil'ly (30) cons~,cutive day", in whidl event Ihe Elllployee would he ,"eleased flol~ hi,:/h1'1' covenant. , 'Ulis covenant ('lIlhe parI of the Employee shall tJe con~ll1Jcd ,,!; all al;teemcnt independent of any oUler provision of Ihi~ Agreemenl 01' Ihe I'JI denee of any othel claim ()I CRllse of aelim. held by the elllploye" '111e Em"loy~r h3r: Idied Ul'('" Ihi~ covelllllll. ill e"lcndinf, clllplo}1nenl In Employee, alld Eml'loyee lldalOwledlles slIch cllIl'loymelll ol'l'oJlllnity "5 &00<1 IIl1d valuahle cOllsidel'ation for Ihe c"venant givert Any legal feo~ an<l/(>I" Collectiml lees incmnd fo," cn[()J(:ing lhi" agrecmelll will be at Ihe Employee's ellJ'ellse. 6" GENERAL I'ROVISIONS: '11lis A{:leelllent slIpersedes 1111 olher agreelllents pre.....iously made by ~lId between Ihe p31hes relating to il!' r;llbjeclll1311er '1IIi!: J\f1eementmay only be amended tJy a m ilillg si/',lIed tJy h()1l1 the pallier:" Any nolic.o to be delivCl cd IIl1d(!1 Ihi!; Agleemenl shall be given in wlilill/!: allll dclivel'ed.pe'~on3I1y or by CClliliNI mail, I'ldnt;C plcpaid. addrcr,',cd 10 the Employel or the EIlII'I(\Yt'e ftllllcil la!;t knowlI addle!;!: N(. delay (II" f:liln1'c hy eilhe, )lal ty to cXCJ tisc allY I ir,ht ullder Uli, Agl eement. and n(\ palhal (lr ~ilJgle excI ('if'l! (If Ihat right. !ohnll c;OIl:;lilllle 3 waiver of that 01' allY oU,er right. lIe"dinp,s inlhi" Agl'e,emrllt ale fOI convenience nnly :\IId ~hallllol tJe n~euto inlell)(111 or conslllle itf: 1'H1\'i~ion':" This Agreenl..nl shall be c{\lI~hllcd in 3l:l:Uldance wiUI 3nd f',ovellled by Ihe laws oflbe COlllmollweallh of l'elUlsyh-ania and h:!~ been accepted :Il lhc corporate offices of Ihe Employer ill Cumberland County,}'cllllsyh'ania 'Illis Agleementnlay be elCeculed inlwl' 01 IIIOle COIQltelpalts, each of , which shall be deemed all original, but all ofwhieh 10RtUlel shall be binding nl'oll llllU inllle 10 Il,e benefit oflbe pllltics 8110 tIreir respective successol S .tI,d ftrmif,ns, " .', . , / 84/24/81 " 20:49 J " " Z 717 697 6497 ':O_-,~~,,-: .< ';.'--, _" . P.83 " '-. ,---- '- ~ "" ~ . -. DEBBIE ENTER LTD " ,',~," _'do' ,,);' ~" &_: . r I"" I IN WfINESS WHEREOF, tJl~ I'ruties hayc signed this agreement ATn':~rr' ))l,r,bic EnfC11'/isc!;, tTJ). fia Your Hair to/medion, Your Maue CuI, DeRielle ~~olks Acal.lell\Y alld YoUt Hair WO"ks,~ ~(.kl~aP-W?'1qiqQ<P".....~~. BY: ny: ~- - ". -. . ._--~ - . SEClUo:'r All Y/WnNJo:S~ WfINESS: EMIlI.OYER - In': j)(\~l1'" l:L\\(l"';''''-<''I'-i"_ ~. ~!l-'lffiI1I1_m~w.'!'.';';kil'l~&+~!;ri!NI~,~ifi!h~iI'~\i!1"6,4"';.kiili!;}_'"i-o/.<!l;!I;;Wi'i'&S~!Li.~!/!!llIii~f__B;jj"'~ ~~ ",~"',.L' , '~ ^ ~ _r:, ~t (,I:> G- o, ?\J ...f: r- & tt 4\::. ~ ;") ..' , ,.;:) ~ .::::::' "I 8 '6 ,. a ." '0 vJ ~ - ' , ....... ~ S!; ~ ~ )> ,'::" C) L_ * /' 5l.. ::::0 => ~ ~ "i -< .1'"' =< ,,~ ~ f'\- ""- ~ I <J, ,'i"~,Ul~l,],. ,;c",,,,,.,,,,,,,,",,-~, ~","~~,. "" '^ ~, >~,,_.~,'''''' ." ",' ,_ ~ "_ ^ ~ ,~. '" ^ W'<~ ~ ." c "", '" ~. - rr , Mfi\, DEBBIE ENTERPRISES, L TO., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELI QUE HARRIMAN, Individually and Ud/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, / , J. Edgar B. :saa I 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. COp,! m~~ be --/0 RHy tJl~c1,~o; a..xL AAr ~ f.:,/~I/()I ~ ~~l!IIOO_rtlliftl!lM:t~~lt:lr.~~~jil<g:l:.-~;!:oii"';O$~r;-ig<JS'i;i;!i;!r>JlM@'di~.,M~~loa:;'IlOOj~~IIIlUIIII.1,__ 1<1'1 ',',WI,' c:N~r:Jd 'JI,.I\J'.." 1"\ N,nn",1 r:1,}rl'~lCj\!:nJ "" ~l 1 _" "'C .'7 ';);J 'u Z ;':~;l ; n ,] l._:'\ ' !!.~W:;jLll0< .,..,,,.J =>1""""~J"",,,~.t,,,)~L~""'-''''''-'''-'h' ", 'c"".,.",-".~,..,y-'~""~"",,~,, ,""_ "0,"_'" """!':'_+.., ~_y_ _ '" ~",' --,",. ,,"""~- .''''''-,''''<-- ,--"". ,^" . --~ ,~ ,"" -~- ,-,= .=~~~< ~ ,~.~" * DEBBIE ENTERPRISES, LTD., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELlQUE HARRIMAN, Individually and t1d/a/a EXPECTATIONS, DEFENDANT : ~1-2785 CIVIL TERM vu1c3256 CIVIL TERM ORDER OF COURT AND NOW, this _,2..-c day of July, 2001, the above two captioned cases, ARE CONSOLIDATED at Docket Number 01-2785 Civil Term. /",/ Frank P. Clark, Esquire For Defendant ~ Edt Ba~Yj)JJ -':;;0 I l /(~s Joseph L. Hitchings Esquire For Plaintiff :saa 1t" , ~" ',," --", '",,, '" l-k~" ,c ~ .'"' ,."""".,,, ~" ~"~-i:-t c DEBBIE ENTERPRISES, LTD :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 2001-3256 and 2001-2785 ANGELIQUE HARRIMAN, individually and t/d/b/a EXPECTATIONS, Defendants: CIVIL ACTION - LAW REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Debbie Enterprises, Ltd., and replies to Defendant's New Matter as follows: 19. Paragraphs 1 through 18 of Plaintiff's Complaint are incorporated by reference as if the same were more fully set 1\ " " ,i' forth at length herein. ill ,I; , 20. The averments of Paragraph 20 constitute conclusions of law to which no responsive pleading is required. 21. Denied. The employment contract was presented to the Defendant when she was offered a position as a hairstylist. Previously she had worked for the Plaintiff as a nail technician. 22. The averments of Paragraph 22 constitute conclusions SAIDIS SHUFF, FLOWER of law to & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street 23. Carlisle, P A of law to which no responsive pleading is required. The averments of Paragraph 23 constitute conclusions which no responsive pleading is required. II II'" t " '",,,-,,, '"" ,__-_ 'M'" ,"~,',.(".,' """"'rl,'-n 'M,">-,;~:,;'J<:;;'r,-_ '<", ~ 24. The averments of Paragraph 24 constitute conclusions of law to which no responsive pleading is required. 25. Denied. The clientele which Defendant established is as a result of her employment with Plaintiff. 26. Denied. Plaintiff has not attempted to "appropriate Ms. Harriman's clientele without paying consideration". By way of further answer, it has been Ms. Harriman who has appropriated clientele of Plaintiff without paying consideration. 27. The averments of Paragraph 27 constitute conclusions of law to 28. of law to 29. of law to 30. of law to 31. SAlOIS of law to SHUFF, FLOWER & LINDSAY 32. ATIORNEVS-AT-LAW 26 W. High Street of law to Carlisle. PA II which no responsive pleading is required. The averments of Paragraph 28 constitute conclusions which no responsive pleading is required. The averments of Paragraph 29 constitute conclusions which no responsive pleading is required. The averments of Paragraph 30 constitute conclusions which no responsive pleading is required. The averments of Paragraph 31 constitute conclusions which no responsive pleading is required. The averments of Paragraph 32 constitute conclusions which no responsive pleading is required. 2 1 SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYS.ATeLAW 26 W. High Street Carlisle, PA ,;.~" ,-" ,"--,;' ~'~,":,---< .. , ",,-,'. '""," >'.: '~ .liilllllllllMl.,r&-;,\ WHEREFORE, Plaintiff demands judgment against the Defendant as set forth in its Complaint. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated:""? If- 01 seph L. H~tchings, Attorney I.D. # 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff 3 II -~ j SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEVS'AT'LAW 26 W, High Street Carlisle, P A ~ -, ,~-~ " -,,', '~;.-,," Co"" /",.' /"-" , ~"__",,,. ,"",__, '""",,, ,'_0-< VERIFICATION I verify that the statements made in the Reply to New Matter are true and correct to the best of my knowledge. I understand that false statements .herein are made subject to the penalties of 18 Pa. c.s. S 4904, relating to unsworn falsification to I, authorities. Ilil 'I DATED: I ~O \ " r-- r ~ ,<'~ ~ J De Ie Ralph I SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 w. High Street Carlisle. P A ,-, , ' ~ '....--," ' ' """""--'" '_ ~ ,,,;-;_,,"~C:' if<'" ." ~n.,--" -,,^," ~ On this I ~ CERTIFICA~E OF.17CE ~dayof ~ I served a true and correct copy of the foregoing , 2001, I hereby certify that Reply to New Matter 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, P A 17011 SAIDIS, SHUFF, FLOWER &: LINDSAY 1 II i~]lal~~~!<M;,;;o.l'j-iD.1Ei2.jjltt"il~j\ti1i!.i~:,~~~~G,:Ahlmc"~;:;06:'ill~'~;'ii\<i~"'~km1lic@',~~m;!!i1i*~I'l!W"li'i~~~Mll z-e & "", _U ~_'Ji'~I--"" --::-:i:, ~'j ! -<I r--" ,~,,-~~ c:? ':::'l ( ~-,:) 1"--.) (1) 1'.--' \ ,- .