The URL can be used to link to this page

Home My WebLink About01-2785 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 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". SAIDIS SHgFF, ~ 4. On June 1, 2001, Defendant filed a Praecipe to Strike Appeal for & LINDSAY Arm*~.^~.~ Plaintiff's failure to comply with Pa.R.C.D.J.1004A, a copy of the Praecipe is attached 26 W. High Street Carlisle, PA hereto and marked as Exhibit "B". 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 ' /jfi~eph L. Hitchings,~Esquire ~ ~6 W. High Street ~k SAIDIS Carlisle, PA 17013 '~ SHUFF, FLOWER & LINDSAY Attorney I.D. 65551 ^m~m~.^r.uw Attorney for Plaintiff 26 W. Hhlh StTe~ ~arllale, PA VERI~CA~ON I verify that the statements made in the foregoing Motion to Consolidate are tree 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 unswom falsification to authorities. DATED: ~ -/- O · Jq{Sel~h L. Hitchings, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. Hlsh Street Carlisle, PA DEBBrE F2qTERPRISES, LTD : IN ~ COURT OF COMMON PLE~ PXaintiH : CUMBERLAND COUNTY, PE~X,L_VLAN_k%. ANGELIQU~ HARRIMAN, : _~, , - ~... Defendants : CIVIL ACTION - LAW ': - -' NOTIC~ TO D]~END You have been sued in court. If you wish to defend a~ainsf: the claims set forth in the following pa~es, you must take action within twenty (20) days afar this Complaint and Notice are served, by entering a written appearance [~m. rsonslly or by attorney and fi]/ng in wrifin~ with the court your defenses or objections to the daims set forth ag-~nst you. You are warned that i~ you ~ to do so the case may proceed without you and a iudgraent 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 TAK~ TH/S PAPER TO YOUR LAWYER AT ONCe. ~ YOU DO NOT HAV~ A LAWYI~R OR CANNOT AFFORD ONE, GO TO OR TB-L]~HON~ SET FORTH 5B-hOW TO FIND OUT WHERE YOU CAN GFr LEGAL Court Administrator 4~ Floor, Cumberland County Courthouse Carlisle, PA 17013 240-6200 SA/DIS, SHUFF, FLOWER & LINDSAY & LINDSAY :$ w. aS s~ Carlisle, PA 1701:3 (717) 243-6222 Attorney for Plaintiff DEBBIE ENTERPRISES, LTD : IN ~ COURT OF COMMON Iw.mAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. ANGELIQUE HARRIMAN, : individually and t/d/b/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 17058. 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. Hz_rrin~_u is an adult individual cu~entiy trading SAIDIS SI. FOFF. Ir~DWER and doing business as Expectations Hair Salon with a business address of 3619 & LINDSAY '~ Simpson Ferry Road, Camp Hill, Cumberland County, Pemusylvania 17011. 26 w. HI~ ~ C,,uJfd~ PA 4. On March 1, 1999, Defendant accepted employment with Plaintiff as a v-~! technician. ~. On May 3, 1999, Defendant accepted employment with Plaintiff as a haft 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 h~{r 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 $5.15 per hour payable bi- weekly, less taxes, and additional compensation in foea~ of a commission on service sales 25-50% payable bi-weekly after the employee has doubled her hourly wage or salary in service sales. 8. The term of employment as a hair stylist began on May 3, 1999, pursuant to the terms of the Employment Contract and was to continue thereafter on a week to week basis with either party having the right to terminate the agreement by giving two weeks written notice, and the Plaintiff retain a right to terminate the Defendant at any time. SAIDI$ 9. As consideration for extending employment to the Defendant, the & LINDSAY Employment Contract contains restrictive covenants providing as follows: e.~a., eA Upon the tee.~ination 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 engaged in the business o[ providing hair styling se~/ces or any other business in which the Employer is presently or hereafter engaged. These rest~c~dons shall apply to the Employee either as an individual on his/her own account or as a pa~h~ar, shareholder or joint venturer or as an employee, a .g~nt, officer or director o/any corporation or par'mership or m any other manner/or 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 Z 2000, Defendant's employment was terminated by the Plaintiff when it was discovered that the PIa/nfiff was in the process of opening up her own hair salon, and was actively soliciting Plaintiff's amtomers to bring their business to her. 13. On or before December 5, 2000, Defendant opened up a competing h~i~ salon, Expectations, located at 3619 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 14. Expectations is within a radius of five miles of Revelation's a Da), Spa, the salon at which De/endant worked for the PlaintS. 15. Defertdant 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 ~he eon~act, and as such, she is liable ~o 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 ~otal amount owing of $2,100.00, pins interest, costs and attorneys' fees. 17. Despite demand by the Plaintiff, Defendant has re/used to pay all or arty part of the liquidated damages owing to Plaintiff. 18. Defendant, in addition to viola~_ug the Employment Contract, has solicited customers of Plaintiff and has provided services ~o customers of Plaintiff at Expectations. WHEREFORE, Plaintiff, Debbie Enterpr/ses, Ltd, demands judgment agaLnst the DeJendant in the amount of $2,100.00 for liqu/dated damages, plus interest, costs and attorneys' fees, which amount does not exceed the jurisdictiona/amount $AI~IS requiring arbitration. & LINDSAY /.~espectfull¥ sub,,,~tted, ' '~-~ ID , , & LINDS^Y ca~u~, vA By: ' Carlisle, PA 17013 Attorney I.D. 6555! Attorney for Plainti~ VERIFICATION I verify that the statements made ~ the foregoing- ComplaLnt are true a~d correct and I am authorized on behalf of Debbie EneetprLses, Ltd to execute ~ verification. ! understand that false statements herein are made subject to the penalties of 18 Pa. CS. § ~904, relating to u_.nswom fa~iffca~on ~ authorizes. Debbie Ralph ~or nlzna~. 'j he l~nplo~e~'~ d,lle~ sl~all con~i~[ orln oviai,R h~ir ~ly]inR s~vices ~or the ~omers. ~'m,l~ing hair sly]lng ~d hsir ca'e advice aod i-~Ouclio~ Io I~e ~np]o~er's o~.~. ~ch other d.tie~ a~ U~e [~pIo~er may fi'om lime to tb,e as~i~ Io Ilae ~q~loyee. ~be ]~JJloyee fi. the a~ ecs fo abi~ by nil o~ Ihe ntle~, policies, teRulafima~ mid ~li~lines ~'~ ilt~libged by lite t~npfoyer as O]ey may exist fi'om time to fu . · - · ~;dehnes may be revised, alle; ed or dnl~.--' ...... · ne Said ~]e;. FOhcte; n'eR.lati 2. C()~A'[~ON. ~*e }~nploye~ sh~U pay ~o (he ~nployee ~he foll~vi~ co~s~i~: . .~'.~ ~.~. per ho.r, payable hi~'eekly (every oilier Salmdny) le~ requited deductim~ For applicable pa~ oil laxes. Sa[~y: ....... (Mann~enl) b. ;~s additional compet~salion, asl anomR or cmmnin~ion ~ se~'ice Sa[e~ pn~ble biweekly (every olh~ S~m.dnv)' provided hmvever. ~ ~his nddiliona[ co~qalioo sisal/be payable o. ly after tim E.q~loyee bas dmsbled hisser bomly wage or saint7 in s~vice sales. Commission ~ be raised or lowered al ~ime st O~e ~.ployer'~ di~ctetio,. c. ~e ~ployee shall t'eceive Ihose e.ployee beneath, to whid~ b~she is ~illed b~ced .pon emplo~n~t a~id let~glJ~ o~ ~er~ee a~ scl ~ot~ in a sep~9te ~he Employee a~ees Ula~ ~nld b~[its may be allered ~ mne.ded at Ibc sole ~scretion orlhe Employer. s~s. l.-iU,ei pn~ty may lemxnate Ibis ~eeme~ ~ end or~y *~ek by ~vb~ Iwo (2) week's ~*~'iRet~ notice Io Ule olh~' p~ly, provided bowev~, that ~e F~pI~-~ may ' I~inale ~e ].bnployee n( ~iy time, wil]~ or willlu.t good ca.se m~d wiOmut ~tc]l nolice i~ in tim ~ini~ o~.n~ ~ ~se sole dise~elion of lhe ~q~loyer, the ~nployee b~ vio[aled ~y work role, ~m orUlis A~'e~i~m~l. U~e l~nplovee ~hall devole hi~er be~t e~o~ts m~d his~mr ~Rite lime Io n~ce Ihe ~e~ oEthe l~npIo~., a~d ~ae/dae ~lsnll taot disec[ly m indi~'ectly, individoally or as a me~er of ~ P~d.p, of cotpm'alim~, be c~aged in or co.cemed with any elher co~mt'ciai dulie~ ~ ). RJ~'I"IUCT['V~ COVI;.NA'NTS: Upon Ihe temtinalion o~ emplo)me~ o~ ~le ~e-t. tmah~ or tlus A?p'eunent I,~ the ]Sn-lo,-er or 'f'- Jr.-' ..... ~lo~e, whefh~ ' ' ' , , , r. )' - ,,,; ~:R)toye:, me ~myee dial nol, directly ' ":',', I I° 'm, , I as m pmb,cl', a shm~mldcr or a .johit vezllmcr cw as al, cn,i;Io)~c, ~c%1.~ o~e]., or diteclor cmpotatimt or pmbi~shi], or it, ~,y (dj,ct ma,mai fi~r a pez ~u(I oF[~" (hi motdh~ after tim terminatiQn oEhi~ e~,lo~amit wdh the . Xn ~e eveJtl tl~ ~npIoyce ~ail~ to abide by fl,e Jssovigioq~el ~m'lh abox'e he/s ~nployer as Iig~idaled damages ~e ~m o~ $ /~F~. /" ~:'- ..... ' ~[e. n~s.to ;say . ~, ; ..... j;r~,mm zor eaClz Ittmltn In which h~/ ea~lo~d l,y ~,d employer. TViflz a mhihmml $ /~/":~'~ "~ee. she war ~e coven~t c~taitmd if~ 0,i~ jmra~aph fi~ shall ziot 'nj,ply in the eve~ the ~Floyer di~coutin~ business ~or thirf~ (g0) conseculive day~, ire which event Um i~mFl(,yee would be rela~ed ~artt coveflNd. *l]tis covenant on lite pat'l o~the F~,ployee al,all be con.ri,cd e~ ut ~eemenf indep~nt oF~ o~ ~ovJ~im~ o~lJli~ A~'eeme,,f of Use ~i~te.ce 0¢ m,y other cfmm m' cmJ~e o~ aclime held by flee employ. 'lhe ]~nploy~r beC retied upo,, fhi~ cove.tort itt extcndin~ eml;lO)mn~,I fo J~16~e. mid ~,ployee ac~owled~ee ~h emjdo)~nent oi~)ort~mity a~ ¢ood m~d v~htable c~derafion Any LeSal ~es mt(f/or Collection Fee~ in~n'cd ~or etJF~cit*~ tl.~ ~'eement will be af O~e J~tpJo~e~ §- GE.NI'~,AL PROVISIONS: 'Ibis A~eenunt m.pet'~edes nil ofhu' ~'een.eMs previously by attd between ~e p~fies relating ~o itt: red,jeer m~tt~'. 'lhi~ A~'eement rttny only be amended by ~ilin~ ~i~;ted by bofl thc i)mlie~. ~y notice lo be deliYetetf m~clet Otis A~'eenJmfl dtafl be given in wtiting n.d delivered, pet so. alJV or by c~t blJed mail. jso~ln~e I' epaid, nd~'e~scd to Otc J?Jt3pIoyer or the ~, n.d .o palhaJ or ~iz~gle exetci::e (,rfhat rigid ~'haJl com;fihde a waif,er of d,at of ~y oUmr ri[~ld ! loading~ in d.~t: A~'eeme.t at e ~or cum-emro.ce mdy atl(I fltall not be u~ed lo interim-et or cons~e ~l~: in'ovi~iml~. Thi~ Ag,'eeme.t ~hall be co.shlmd in actor dance wi~ m,d governed by fhe laws o~flae Commonwealllt of l'etm~lva.ia mid hn~ bee~t accej~ted af fhe corporate o~ce~ o[ fl~e EmpIoy~ Cmnb~lm~d Comdy. Petm~lrama '11~i~ Agt eemetd may be e.~ectded in fwo m mm'e comJl~pm~, each ' *~ich droll be deemed n original, but aU or*~4~icl~ [ogeUscf shall be bindi.fi tspon and irene fo O~e offhe pmtics md ~eir respecfi%~ ncceasm s aud ?17~.~07 ~lDl~ SI~F M~AND ~ll[t ~/~ JUN Itl '01 14:17 CLAI~ LAW OFFICE By: Frank P. Clark klentificali~a No. 3~3 C~p Hill. pA I~I 1 (71~ ~1-8~ D~B~ ~S~, L~. : ~ ~ CO~T OF CO~ON PLUS p~ : ~~ CO~, : NO. ~GELIQ~ ~ : C~ A~ON TO STRr , APpg ). TO THE PROTHONOTAry: Pu~'mmttoP~.R.C.P.D.$. 100~,k~ndlys~ik~theapp~,omthe _.. above-captioned mstt,,,. ,- ..... r~:ora m me _ mr riahrdff.~--ellam, -" IO04A. "~p s taziure to ~omply with Pa. R.C.P.D.$. CLARK LAW OFI~CE Frzak p. Cl~k - A~omey ED. #35443 3045 Mmtce~ Street SeCond Floor C~mp Hill. pA 17011 (717) 731-8600 Attorney, for Defem~mt CERTIFICATE OF ~_mRVICF, On this / ~ day of .~-4~-- , 2001, I hereby 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 SAIDIS.~SHUFF, FLOWER & INDSAY SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 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, PENNSYLVANIA Plaintiff : : v. : NO. 2001-2785 : ANGELIQUE HARRIMAN : CIVIL ACTION : Defendant : DEFENDANT'S RESPONSE TO MOTION TO CONSOI.InATE Now comes Defendant, Angalique 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. WHEREFORE, Defendant has no objection to the consolidation of docket numbers 2001-3256 and 2001-2785. CLARK LAW OFFICE Frank P. Clark . Attorney I.D. #35443 3045 Market Street Second Floor Camp Hill, PA 17011 (717) 731-8600 Attorney for Defendant 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 part~ kY depositing same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, this ~. day of June, 2001. SERVED UPON: Joseph L. Hitchings Saidis ShuffFlower & Lindsay 26 W. High S~reet Carlisle, PA 17013 Frank P. Clark sHERIFF'S RETURIq - REGD-hAR cASE NO: 2001-03256 P CO~40NwEALTH OF pENNSYLVANIA: coUNTY OF cUMBERLAND DEBBIE ENTERPRISES LTD VS HARRIMAIqANGELIQUE ET AL , sheriff or Deputy Sheriff of DEP TREVOR KENT · who being duly sworn according to law, county,pennsylvania' cumberland was served upon says, the within cOMPLAINT & NOTICE ~ the ~i=~_~_%RRiMAN ANGELIQUE on the ~ day of Ma_~' ~ at 1930:00 HOURS, DEFENDANT ' ~ at 3619 sIMPSON FERRY RoAD by handing to cAMP HILL, PA 17011 ~ ~MPLAiNT & NOTICE together with a true and attested copy of and at the same time directing H~er attention to the contents thereof. So AnswerS: sheriff's CostS: 18.00 ~ Docketing 8.68 Service .00 Affidavit 10.00 R. ThomaS surcharge .00 06/01/2001 ~ SAiDiS,SHUFF,FLOWER & LINDSAY sworn and subscribed to before By: ~ . f me this 25 ~ day of sHERIFF'S RETURN - REGIILAR cASE NO: 2001-03256 P coMMONWEALTH oF pEiTNSYLVANIA: COUNTY OF cuMBER~%IqD DEBBIE ENTERPRISES LTD VS HARRIMAN ANGELIQUE ET AL sheriff or Deputy sheriff of , law, DEP TREVOR KENT County,pennsylvania' who being duly sworn according to CungDerland waS served upOn sayS, the within cOMPLAINT & NOTICE the EXPECTATIONS at ~ HOURS, on the DEFENDAlqT ' at 3619 sIMPSON FERRY RoAD by handing to cAMP HILL, PA 17011 ANGELIQUE HARRIMAN coMPLAINT & NOTICE together with a true and attested copy of and at the same time directing H~er attentiOn to the contents thereOf. So Answers: sheriff's CostS: 6.00 Docket ing .00 Service .00 Affidavit 10 · 00 Surcharge .00 0610112001 sAIDIS, sHUFF, FLOWER & LINDSAY sworn and subscribed to before By: ~if~ me this 29~--- day of A.D. sHERIFF'S RETURN - REGULAR cASE NO: 2001-03257 P CoMMON~EA~TH OF pENNSYLVAN%A: coUNTY oF cuMBER~kND WASH%NGTON MUTUAL BANKF A VS DETR%CK jEFFERY EET AL sheriff or Deputy sheriff of GERALD woRTHINGTON ..... ~ whO being duly sworn according to law, CungDerland County,pennsylvania' was served upOn sayS, the within coMPLAINT - MoRT FORE the DETRICK jEFFERY E _---~the 30_~th day of Ma_~' at ~ DEFENDANT ' at 555 BROWNS LANE by handing to ENOLA PA 17025 with jEFFERYEDETRICK cOMPlAiNT_MORT FORE together a true and attested copy of ~~ to the contents thereOf- and at the same time directing ~ attention sheriff's Costs: 18.00 Docketing 9.30 Service .00 ~Kline Affidavit 10.00 surcharge .00 0s/3 /200 MARK UDREN sworn and subscribed to before By':~ me this ~ day of A.D. 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 sheriff or Deputy sheriff of GERALD wORTHINGTON --~' Cumberland county,Pennsylvania' who being duly sworn according to law, says, the within cOMPLAINT - MoRT FORE~ was served upon -- ~ the DETRICK cARO~LLA 2001 DEFENDANT , at 1731:09 HOURS, on the 3__0t~ day of Ma~__, at 55~5 BROWNS L~E by handing to ENOLA, PA 17025 cAROL A DETRIC~K ~ ~ -- a true and attested copy of COMPLAIN~TT - MoRT FORE together with and at the same time directing H_er_ attention to the contentS thereof. So AnswerS: 6.00 Docketing .00 ~ Service .00 ~ine Affidavit 10.00 Surcharge .00 05/3 /2001 MARK UDREN sworn and subscribed uo before By: D~'e~ty Sh~fz'i me this __~ -- day of NOTICE OF APPEAL I)ISTRICT JusTiCE juDGMENT . coMMON PLIAS No. - ·· .... c--o,-,'- ~-- ~ NOTICE OF APPEAL ..... .,_--,e mmbmd by the District Justice on the ,, hc~ flied ~n the obove C°UrT ¥ t001(6) / oIAECJPJ TO ENTJR RULE 1'O ,._ =~pjp N~ 1001(7) ~ ~t~n ~ l~l~cl Ju~jce ~ ~e used ONLY when u~'~ pRAECIPEz To p, othono~Y ~, ~ .... ~~s) s~ ~ry M J~ M ~ ~ RULEr To ~ d ~s) ~ ~~o~ (3)~~~ff~~°f~ ~, 19~. COUP-T FILE TO BE FILED WITH FKoTHONOTAP'Y AFFIOAV~T, ., , ............................................ : ~ ........................ ~'":' '~' ""~'"' '~= =~ OF jUDGMENT/TRANSCRIPT COMMONwEAL'I H 01- pENNSYLVANiA NOTICE CIVIL CASE ~Date F ~1~' D~ IS TO NOTIFY YOU : --- judgment: judgma,t was entered for. (Name) __.ll~' J~IGI~ ..... . judgment was entered against. [Name) D~ ~~ ....... in the amuu~t el $ _ ~' [Date & 't [~e~. ~lntemst on judgment ~- -~-. ~ es ' ........001 tAttomOY re '(~st jodgment credits~ ...... '[ Attachmen~A~ 5 cd 1996 $ .... Levy is staved 1o~ _~-- days o~ ertlfled judgment To~l ...... '~ ....... - ................ ' '-~- --~ ~ ~ YOU H1,0 AppEAL wllHtN 30 DAYS AFIER ~H' ENTRY O JuDGME"T ~Y F'Lt"G A "oTiCE pA~AS ~~ THE coURt CoMMO. pLEAS, CIVIL DiViSION. OF APPEAL w~H ~HE PROTHON~ARyICLERK OF Date "'~ ~ ~/ ............ AL My commission expires th'st Monday et January. NOTICE OF APPEAL :OMMONWEALTH OF PENNSYLVANIA JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~ ' /'' 7 ' , Notice is gi~,fl ~hat ~e appelkmt has fiJKI in the above Court of Common Plem an appeal from the judgment rendered by the Dis~ct Justice afl the date md in the case mentioned bela~ - ~ ~ailr.-...~,¢~ ~,venu~, Mecnanfcsburg, P~. ~7053 ~ ~ X~Gv~, ~ 1HE C*.~ OF rF, r~r~J il ar~imar,, A~qelique "I ./.. L UabbiG ~nterprises, Ltd. ,' CV T~K 0000074-0] L.~. LT 19 This ~ will be signed ONLY when this notation is required und~ Pa. R.CPJ if up~,e.f~J~t was CLAIMANT (~ee Pa. R.C.P.J.P. No. 1008B. 1001 (6) in action before Dfstrict Justice, he MUST This Notice of Appeal, when received by the D~st~:t Justice, will apemte as a · SUPERSED~AS to the judgment for passessk=n in this cas~ FILE A COMPLAINT within twenly (20) days afler filing his NOTICE of APPEAL. Signatm*e o~ Prothonotary or Deputy PRAECIPE TO El~l,,:k RULE TO FILE CG~._~.._N~. AND ...I~LE?~).FILE ~F NOT USED, ~ from copy o~ no~/ce o~ anoea/to be serve~ upon app~m')..., : iY ·/. ~ ~ ~' *'* i.": ~' *a .J ... '.. ? , · PRAECIPEz To P, otha.otary - .. , appell~s}, to fill a compla~ ;, this appeal (co.~ t~eos t~ ) w~ ~.~y (201 days (11 ¥~t~e~d~d ~ o rob is ~ ~eo'~op~ ~ to fi~e a com~ai~ ie this a~eot wi~n ~,e~y (20) ~ af~' the do~ of (2) ~ ~ do no~ file a comp~ai~ withi~ ~ time. a ~' (~: NOM ~ ~L ~ ~:N~9 AG~NST Y(~J. COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT I Th~ proof o! service MUST BE FILED WITHIN TEN t 101 DA YS AFTER filing tt~e not,ce of appee!. .heck a~phcsDle boxes) COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT: I hereby swear or affirm that I served (date of ~erwbe) . _" . ' .... ~ by ~r~nal servtce~ ~ bye(egistersO) mail. sender'= receipt altach~ he;~lo and upon Ihe appellee ,'name~ ~l~ ~_ ~----; .'~ 0 by pers;,,~l se~ice ~ ~(regis;ered)ma,I. ,en,er's receipt O and furt~r that IservedtheRuleto FileaComplaint accompanying theabove Not ceof Appealuponfheap~el ee(=itowhor' ~he Rule was a~dres~ on ~9 .... ~ by personal service ~ by (cenJhed) {reg,~tered l~al!, sendeFs receipt attached hereto. .....: ._ CLARK LAW OFFICE By: Frank p. Clark Identification No. 35443 3045 Market Street Second Floor Camp Hill, PA 17011 (717) 731-8600 DEBBIE ENTERPPUSES, LTD. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 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, Angeliquc Harriman, with respect to the above-captioned matter. CLARK LAW OFFICE Frank P. C~----.---__ Attorney I.D. #35443 3045 Market Street Second Floor Camp Hill, PA 1701 l (717) 731-8600 Attorney for Defendant CERTIFICATE OF SERVIC~,~ I, FRANK p. CLARK, ESQUIRE, do hereby cert/fy that I served a true and correct copy of the foregoing Defendant's Entry of Appearance upon the following below-named party b.y depositin~ same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, this~.~"~ay of_~._~2001. SERVED UPON: Geoffrey S. Shuff Saidis ShuffFlower & Lindsay 2109 Market Street Camp Hill, PA 17011 Frank p. Clark DEBBIE ENTERPRISES, LTD : IN ~ COURT OF COMMON PLEAS PlaintiH : CUMBERLAND COUNTY, PENNSYLVANIA . v. : NO. 2001-3256 and 2001-2785 ANGELIQUE HARRIMAN, : individually and t/d/b/a : o o o EXPECTATIONS, : cz -- -. ... Defendants : CML ACTION - LAW AND NOW, c0mes the Plaintiff, Debbie Enterprises, Ltd, by ~thr~gh ~ 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, PlaintiH 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'. SAIDI$ SHUI:~, ~ 4. On June 1, 200L Defendant filed a Praecipe to Strike Appeal for & LINDSAY ~..~ Anmau. A~-~wPlaintiffs failure to comply with Pa.R.C.D.J.]00~A, a copy of the Praedpe is atteched Carlisle. PA hereto and marked as Exhibit "B'. 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 CJainlS, 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 ~'/J~eph L. I-Iitchin~s,~Esquire \ ~6 W. High Street '" fiAIDI$ Carlisle, PA 17013 & LINDSAY Attorney I.D. 65551 am~m~.,~e Attorney for Plaintiff VERD~ON I verify that the statements made in the foregoing Motion to Consolidate are true and correct and I am authorized on behaff of Debbie Enterprises, Ltd to execute this verification. I understand that false statements here'm are made subject to the penalties of 18 Pa. C$. § 4904, relating to unsworn falsification to authorities. Jq'sephL. Hitc ' gs, sdl.~-~,\ SAIDIS SHUI~, FLOW~ & LINDSAY DEBBIE ENTERPRISES, LTD : IN THE COURT OF COMMON Pr.~AS Plaintiff : CUMBERLAND COUN'I~, PENN~'L ~V-~.. v. NO 0/' 32K'6, ': '":-: ANGELIQUE HARRIMAN, : d ' ..... ' inclividu an a : _.:.. EXPECTATIONS, ~'": "' : '"; Defendants : 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 afar this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in wring with the court your defemes or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE I'HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Court Administrator 4~ Floor, Cumberland County Courthouse Carlisle, PA 17013 240-6200 SAIDIS, SHUFF, FLOWER & LINDSAY s,~mls .~'-~ q -~ / By~ i LIND~AY ~ West High Street s w.~s~ Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff DEBBI~ ENTERPF, LSF. S, LTD : IN TH~ COURT OF COMMON PLEAS PIainti~ : CUMB£RLAND COUNTY, PENNSYLVANIA : v. : NO. ANGELIQUE HARRIMAN, : individually and t/d/b/a : EXPECTATIONS, : Defendants : CIVIL ACTION - LAW COMPLAINT AND NOW, comes the PlaintLff, Debbie ]~nterprises, Ltd, by and throug~ her undersigned attorneys, Saidis, ShuH, F~ower & Lindsay, avers in support of its Complaint a~ainst Defendant as follows: . 1. Plaintiff, Debbie F. nterprises, L~d, is a corporation duly or~nized 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 Desi~works Academy and Revelations a Day Spa. 3. Defendant, An~elique 1VI. Harriman is an adult individual current/y trading SAIDIS SHIIFF, FLOWER and doing business as F. xpectations Hair Salon with a business address of 3619 & LINDSAY ~ Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011. 4. On March 1, 1999, Defendant accepted employment with Plain~ff as a nail tecb~c~. 5. On May 3, 1999, Defendant accepted employment with Plaintiff as a ba~ stylist and executed an Employment Contzact, 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 hi- 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 te~ms 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 f~ne. 9. As consideration for extending employment to the Defendant, the & ~ Employment Contract contains restrictive covenants providing as follows: z6 w. Hlih S~reet ~a.-~ PA Upon the t~dna~on of ~-~,ployment 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 (S) miles of the salon at which he/she was employed enter into or engage in any ~.mployment with any individual, corporation or partne~hip engaged in the business of providing hair styling services or an), other business in which the Employer is presentlF or hereafter engaged. These restrictions shall apply to the Employee either as an individ~.l on his/her own account or as a partner, shareholder or joint venturer or as an employee, a .g~t, officer or director of any corporation or partnership ~m ~y o~er manner for a period of six (6) montha afar the te ot termination of h/s/her employment with the l~-m.ployer. 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 $500.00 fee. 11. From May 3, 1999, until December 2, 2000, Defendant was employed by Plaintiff as a hair stylist at Revelations a Day Spa located at 11-17 Railroad Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 12. On December 2, 2000, Defendant's employment was terminated by the Plaintiff when it was discovered that the Plain~ff was in the process of opening up her own hair salon, and was actively soliciting Plaintiff's customers to bring their SAITll$ ~ FLOWi~ business to her. ~: I,ll~iDSAY ~ 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. 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 Plaini~f for a total amount owing of $2,100.00, plus interest, costs and attorneys' fees. 17. Despite demand by the Plainer, 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. WHEREI:ORE, 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. x~espectfully submitted, ~eD , ,. & I..IN~AY Carlisle, PA 17013 Attorney I.D. 65551 Attorney for Plaintiff VRRIf/CATION ~ "" ~' ' ~' ].)F-aBlE EN'I'F. IU~RISF. S, L'II). mI'LOYMI':NT ¢:oN'llt^¢:r ^yen,=,, o,.de ,',is ,,,y or. .... , lh~ployee"). I. I)LI'I]E.~;: 'l]Le ]:-,player' n{,,~eem lo employ and ti,e ~upIoyee aceeluls empioyumd as a hair mlyli~t agl&Vor Olagtn§el. 'lile 151,l,loyee'.~ d,,tiem ~:Jml] co,,{i.el o£j, ovidi,g hair slyling services for ti,~ Employer's ~m{m,,ers. ,'e,,dering hni,' styling -,,d ha,' care advice m,d h,sbueficm.m Io the ~nlmloyer'm cn.mtomenL ,-'ell;,g o£{,air m:d beauty {, o~:(;1~ vireo'ed by Ihe F.,i,l,luye,', eilendil,g b',d,Ling Fmtcliol,s mid semitlmr~ agld .,mdt off:er d:aies a.~ tile F-ml,leyc,' may fi'mu time {o time as:d[9: lo ti,e 'Eml)loyee. tbIANAGF- DITII 'ES) 'lis Employee fl,, ti,em aE,~ ecs I(, abide by all el' the JUles, policies, :eg,dalions agtd gtzidelinea me.'. iomlil,:ted by FILe 'lh,q~luye,' as they ,ns,/ uxi-'.'t fl'om time to home..qaid rule.e, policies :'egiL~alionp ,,,lc{ /.oaide{ioes olay be revised, nile, ed er deided al {Ilo .':.ole disc~ etion ortho '].~nployer. 2. COMPfi24.qATIC)N. TILe }.3,~fioye: slmil },ay lo tile I~,.{,{oyee the fo{lowing conqJeusaiioe: - ,. ~_~.5:.'_ ?. ~,~ I'em' lmur. payable biweekly (eve, y other Satmd,y) leg.~ required deductions tot spl,licahle Isnytoll t-',xes. Salary: _ .. .... (Management) b. A,,- additional compensation, at, aLoomd of co, uni.-.sioo on service Salel: 25-50%, payable biweekly levelT ,il,et .q,*durday). provided however. Ihal Ibis additional cumpensetioo slmil be payable m,{y after the 'E,,,i,loyee fas dm,bled hisser hotwly ware or maim7 in met;'ice sales. Ct,mmiseioo rags be ,'nised m' hmwered ,.t anytime ~t tile V:~anployer's disctetio,L. C. 'lis lL-npIoyee shall receive those em,ployee benet]t,~, to whidL he/she is enlitled bag:ed ,pOLL emlflolanent ssi le,gll, et' service as .-.et £o, th in a sepal'ate documenL 'lime Employee a{pee.', list .enid betLelits may be niles'ed m' amended at the sole aiaeretiotL of tile Employes'. co./, 4. IJlk~'l)t'llON.':; OF AC'I'IVI'I'q: F.,ccepl au exp, e.~r. ly apl,roved in v. mitin~l by tile :Employer, la'tag the team ofthis Agreeme,,f. file F,,l,loyee ::hall devote hi.~tl,em' be.el eilb,tn a,,d him,~e,' em,lire time to edvmnce · · the hdere,-'is o£the l~npIoye, r. mad he/eke .el,a{{ ,mt ali, nelly o, i,,c{irectly, iodivid,mlly ~qy pagLqarship, o,' ¢otporatio,L be cu§a§ed ip o,' eot,eeLlled with any ethel' eonmmer¢ial detien er whdseever. 5. 'I~I~;'IlilCII'VE COVF~IA~I'.g: l]pon Ihe lemtinnlion of emltlo~ne-nt of' tile Employee. whelher ~ ~e~mi~t~tion on' this A~'eement by the lSnr..l?$e.r or ll~e [~npIoyee. tine l~ployee shall not. dit'ectly or indit eclly, wilhln n t'adiln.~ ot'A~,~c. ".'~-"~ ) miles of.tile salon at wl,ch l]e/sl~c was employed entel' itdo or engage in a-V emlnlo~ne~tt v,~h mty int(lividt~al. C(l~pOn'nti~n m' pattnet~htl) etlon§ed in lite ft,-u$iness I,.oviding llair ~lyling .~etvice~ on' a-y olher bttr:ine~s in whiclt lite p~.mpIoyer is presently or he~ealler e~§nged. 'l~ese t'eMn'ictimL'~ ~llnti apply Ica line l~upInyee either n~ nn individ-al on hidher o~.vn sccoenl or ns n F~thner. a sl~relsolder or n intent re, timer m' .-xs a. employee, nr~ent, o~.~ej:,.or dlte¢lm' on' nny -eotpotntiott or pnthxetsltip or itt ;uny oll~e~ .tartan [*on a peniod ol'.~..~¥ (ii.) tnoldhs after line date of' tezmination of his/her employntetnt wdlt the I~npIoyer. In the evenl lit l~npIoyee fails Io altlde by Ihe In ~vi.'eioff~-.':/':-e! f.otlh abox'e, ina/sine s[~rees Ko pay !o Ihe ~f'n~n (~/_~ re,ti, £or ..eh ,,,o,,th ,,, wh,ch ho/.he 'v' employed l~y reid e,q~toyer. ~Vifl~ a ~ ~ ,5~ ........ " ~e cflvennnt contaiued iu ~is pnr~npli five shall not ~i,ply in line event the ~ployer diccotltinu~ business ~ thirty ~30) cousecutive days. itt which event the Entple~yee would be t'elensed ~out coveflmll. 'Ibis covenaut on lite pant ortlte J;~pl,yee shall be conslt3~c~i as mi ~eemret indep~dent or~ o~ pi'ovisiou o~this ~'eemetd or Ihe ~i~te,ce ol' ny other cintra ,r chose or acfion Iseld by ~le es~lo~r. 'Ibc l~tq)ioy'er he~ relied upa, titi~ cove,tnt itt extendin~ empIo}wnenl 10 J~16~e. mid ~ployee nc~'ledges ~h emFio~netxt oppmltmity a~ ~ood mid vel.able c~idernlimz rot tine coven~ Any Legal fare m~or ~ollcction ree~ in,'red for eurmci-~ tJ.n ~'eement will be at fine ihupJo~e's 6. GP~I~ PROVISIONS: 'lids Apeen~nt ~lpet'sedes all nibs' a~eements previously made by and be~'e~ ~e pmlte~ rel~m~ ~o it~: ~:ubject matter. 'lid~ A~'eement may only be ameuded ~ ~ili~t8 ~i~ted by be0z Ibc pe~tie~:. ~y n~otice to be tlelivetcd xn,let this A~eement ~hnll be giveu in wt iti,g n,d delivete~l, pet ~ouell~' ar by c~ tflicd mn~l. po~ln[le In eimid, nddte~cd to 0~e ].;~npioyet' or tl~e Etnployee si Ilmtt In~;t ~tow, nddre~=~: No deln~ or ~, tm'e b~, ~llbet pat ty to ~es else any ~ ~hl mKler Oti~ ~. ~ ,~ p~tttel m' ~i,~[e exetcipe of'that rigid. ~lmll com:l~ls~le a waiver on fltnt of ~y ~.iFJtl ] le~ding~ i, O~i~, A~'eemmxt nte ~of cottx'e, ie,ce only mtd ~hnll not be ~t~ed Io intml~et or it~: I,'ovi~io,s. '[ht~ A~s'eeme,t ~hnli be ce,allayed in necrotic, ce wi~t and govetned by Ibc laws Commoawenlllt oi' Petm~lvmsia n,d lt:t~ been accepted al the em'porate o~ce~ on rite [~ployer in Ctmtl~ctlm~d Cout~},. Pelm~ivattin. 'Ibis Agt cement may be executed in two ot mm'e cmmt~pm~, each ' which shell be deemed nn original, hot all or~x4~icl~ toge~sen sl~ell I~e I~i,di.g ul~on sad imue to O~e ~e~t of~e p~tics ~ ~xeir respecli~'e ~cce~sot s ~d Debbie Enter D~/se~, LTD. f/a Your llair Cmmection, Your JMane Cut. DeR~elle ny: .('-'- ' '-- -ifi:ilV~i:,~i;i:i~s ~- .... ,i~~_~. WATNJ,'q.q: . 'El~l.O'l~..l.:: ~'/': 7_ _ sv: j'$',,,,V~,,~.. ~.,~. ~,~,,,,.,.,.,.~.. ?F~d'rd4B7 SAIDIS S~F MASU~ND 818 ~ JUN 01 'Bi CLARK LAW OFFICE By: Frank P. C]m'k Identification No. 35443 3045 Mark~ Street Second Floor Camp Hill, PA 17011 (717) 731-8600 DEBBIE ENTERPRISES, LTD. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : NO. 2001-2785 .- ANGELIQUE HARRIMAN : CIVIL ACTION '. Defendant : PRARCIPE TO STRTlCI . APPEAI. TO THE PROTHONOTARY: Pursuant to Pa. R.C.P.D.$. 1006, kindly suOfe the appeal from the x~'cord in the above-captioned rA_~_ for Plainliff-Appellnnt'$ failure to comply with Pa. R,C.P.D.$. I004A. CLARK LAW OFFICE Frank P. Chu'k Attorney I.D. #35443 3045 Market Slreet Second Floor Camp Hill, PA 17011 (717) 731-8600 Attorney for Defendant .~T'rF~'C.~TE OF SERv'rcE / ~ day of ~ , 2001, I hereby On this certify that I se~ed a t~e and correct copy of the foregoing Motion to Consolidate upon all parties of record via United States Mail, postage prepaid, addressed as follows: F~ P. Cl=k, E~. 3045 M~et S~ 2nd Floor C~p ~11, PA 17011 SAI~S.~ SHUFF, FLOWER SAIDIS SHUFF, FLOW~ & LINDSAY 26 W. lllfh Slree~ DEBBIE ENTERPRISES, LTD., '. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA pLAINTIFF : V. ANGELIQUE HARRIMAN, Individually and t/d/a/a : 01-2785 CIVIL TERM v/' EXPECTATIONS, : 01-3256 CIVIL TERM DEFENDANT AND NOW, this _ '3,,~ _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? By the Court, :saa ' 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. . CLARK LAW OFFICE By: Frank P. Clark Identification No. 35443 3045 Market Street Second Floor Camp Hill, PA 1701 ! (717) 731-8600 DEBBIE ENTERPRISES, LTD. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : NO. 2001-2785 : ANGELIQUE 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, PA 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 Frank P. Clark Attorney I.D. #35443 3045 Market Street, Second Floor Camp Hill, PA 17011 (717) 731-8600 Attorney for Defendant CLARK LAW OFFICE By: Frank P. Clark Identification No. 35443 3045 Market Street Second Floor Camp Hill, PA 17011 (7 i 7) 731-8600 DEBBIE ENTERPRISES, LTD. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : NO. 2001-2785 : ANGELIQUE HARRIMAN :CIVIL ACTION : Defendant : ANSWER AND NEW MATFER OF DEFENDANT ANGELIOUE 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: I. 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 proofthereofdemanded at trial. To the conl~'ary, 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 Plaintiffon 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 Ms. Harriman's employment with Plaintiffbegan on Mamh 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 of law to which no response is required and is therefore denied. To the extent an answer is required the averment is denied, as Plaintiffpresented 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 of law 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 proof thereof 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 of law to which no response is required and is therefore denied. 15. The averment is a conclusion of law to which no response is required and is therefore denied. 16. 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. 18. 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 18 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. 22. The provision of the Employment Contract purporting to establish a "Resltictive Covenant" is not supported by consideration. 23. The Employment Contract provision purporting to establish a "Restrictive Covenant" is void. 24. The Employment Conlract provision purporting to establish a "Restrictive Covenanf' 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. Plaintiff's action is not based on a good faith argument for the extension modification or reversal of existing law. 31. Plaintiffis 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 Frank P. Clark Attorney I.D. #35443 3045 Market Street Second Floor Camp Hill, PA 17011 (717) 731-8600 Attorney for Defendant VERIIrlCATION The undersigned, ANGELIQUE HARRIMAN, hereby verifies that the facts set forth in the foregoing Answer and New Matter of Defendant Angeliqun Harriman to Plaintiff's Complaint are frae 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. §4904 relating to unswom falsification to authorities. 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 Plaintiff's Complaint upon the following below-named party by depositing same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, this ~1- ~ day of June, 2001. SERVED UPON: Joseph L. Hitchings Saidis Shuff Flower & Lindsay 26 W. High Sueet Carlisle, PA 17013 Frank P. Clar~ JUN 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, PENNSYLVANIA 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 fi.om 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 Frank P. Clark Attorney I.D. #35443 3045 Market Street Second Floor Camp Hill, PA 17011 (717) 731-8600 Attorney for Defendant June 1, 2001, Appeal Stricken. Curtis R. l~ng, Prothonotary CERTIFICATE OF SERVICE I, FRANK P. CLARK, ESQUIRE, do hereby ceaify that I served a true and correct copy of the foregoing Praecipe to Strike Appeal upon the following below-named party by depositi,n~g .same in the U.S. Mail, postage pre-paid, at Camp Hill, Pennsylvania, day of ~2001. SERVED UPON: Geoffxey S. Shuff Saidis Shuff Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 Frank P. Clark DEBBIE ENTERPRISES, LTD., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELIQUE HARRIMAN, Individually and t/dla/a ,~'~-2785 CIVIL TERM EXPECTATIONS, DEFENDANT : 01-3256 CIVIL TERM AND NOW, this ~ ~-' day of July, 2001, the above two captioned cases, ARE CONSOLIDATED at Docket Number 01-2785 Civil Term. By the Cou,'~'," ~ Edgar B. ,ley, J. ;, Joseph L. Hitchings Esquire For Plaintiff Frank P. Clark, Esquire For Defendant :saa