Loading...
HomeMy WebLinkAbout01-3256CLARK LAW OFFICE By: Frank P. Cla~ Identification No. 35443 3O45 ~ St~-et Second Floor Camp Eill, PA 17O11 (7~7) 73 ~4600 DEBB~E ~R~SES, LTD. · ~ THE COURT OF COMMON PLEAS : ~ERLAND COUNTY, PENNSYLYA.NIA Pla/nfiff : : v. : NO. 2001-2785 : ANGELIQUE HARRIMAN : CIVIL ACTION : Defendam : DEFENDANT'S RESPONSE TO MOTION TO CONSOLIDATE, Now comes Defendant, Angelique Han-iman, 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. Admlt~d on information and belief. 4. Admitted. By further answer, prior to filing the Praecipe, Defendant confurned with the Prothono~al~y that no complaint had been filed at the proper docke~ number for the appeal. 5. The averment is a legal conclusion to which no response is required; by way of further answer, Defendant bs~ 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 matlm~ being consolidated. WHER~ORE, Defendant bas no objeclion to the consolid~on ofdnoket numbers 2001=3256 and 2001=2785. CLARK LAW OFFICI!i Frank P. Clnrk Attorney I.D. #35,443 3O45 Market Slreet Second Floor Camp Hill, PA 17011 (717) 731-8600 Attorney for Defendant CERTIFXCATE OF SERVIC]~ I, FRANK P. CLARK, ESQUIRE, do hereby certify that I served a uae and correct copy of thc foregoing Defendant's Response to Motion to Consolidate upon the below-named part~_ ]~/deposiliult same in the U.S. Mail, posUtge pre-paid, at Camp Pennsylvania, this-~, day of~une, 2001. SERVED UPON:. $oseph L. Saidis ShuffFlow~r & Lindsay 26 W. High S~wt Carlisle, PA 17013 Ftank.P. DEBBIE ENTERPRISES, LTD : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. NO. O/- ANGELIQUE HARRIMAN, individually and t/d/b/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 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland Count3, Courthouse Carlisle, PA 17013 240-6200 SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS 3ated: ~'-,) q -~! Bv~/~ SWOFF,& LINDSAYH'OW~ ' J~p'h L..itchings;fisquire~ ~a~.~r.~w 2~ West High Street w. ,lO mm Carlisle, PA 17013 Carlisle, PA (7].7) 243-6999 Attorney for Plaintiff DEBBIE ENTERPRISES, LTD IN THE COURT OF COMMON PLEAS 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 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 SAIDIS SHUFF, FLOWIR and doing business as Expectations Hair Salon with a business address of 3619 & LINDSAY Av.,m~n.A,.U~w Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011. 26 W. Irish S~Feet Carlisle, PA 4. On March 1, 1999, Defendant accepted employment with Plaintiff as a nail technician. 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 SAIDIS SHIJFF, FLOWER & LINDSAY Employment Contract contains restrictive covenants providing as follows: 26 W, HJSh Street Carlisle, PA 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 pa~ :.Lership 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 ioint 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 $500.00 fee. 11. From May 3, 1999, until December 2, 2000, Defendant was employed by Plaintiff as a hair stylist at Revelations a Day Spa located at 11-17 Railroad Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 12. On December 2, 2000, Defendant's employment was terminated by the Plaintiff when it was discovered that the Plaintiff was in the process of opening up her own hair salon, and was actively soliciting Plaintiff's customers to bring their SAIDI$ business to her. $1tUFF, FLOWF, R & LINDSAY An~,A~.~aw 13. On or before December 5, 2000, Defendant opened up a competing hair 26 W. High S~r~t Carlisle, PA 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 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. SAIDIS SHUFF, FLOWER LINDSAY ~espectfully submitted, w. m,h s,rm --/~ph L. Hitchin~s,-Es~e Carlisle, PA By: [ ID , /26 W. High Street '~ ' Carlisle, PA 17013 Attorney I.D. 65551 Attorney for Plaintiff 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. § 4904, relating to unsworn falsification to authorities. Debbie Ralph Exhibit A 84/24/~ql 28:4? ~1~ ?~,? 697 6497 DEBB[E ENTER LTD P.~I I~MPI.OYM~ CON'I]~A(~I' A,'ee,~et,t n,ade ti,is ~'~ d,y of ~.. ...... l,~. be~'een .,,d J~loyee*'). - ]. I)t~l~: 'l]le J~l~h,~:et B~;ecs lo et.pl~y and ~l~ ~.j;l~yec Re,cpi; ~nplo~icslt ~ ~ hair n~o;' nt~a~et. 'J I)e l~nplt,ye.e's d.lie= si,all col~;i;I of'p* ovidm~ I,=Jl stylirt~ services fei the l~npIoyer's eusl(mlets~ ten(lerifl~ bn~f slylm~ m.I hint cate Advice mid i,,~buclions lo lite Employel's cu~omel~, die selUrt[~ of Jisir mid be.uty pf odll(:lR o~e~ed by Iht ]~ltpIoyel, hllendi~l~ tf'ainin~ fiuiclions mid seminm's mid nsch other d.tie~ fl~ tile May ~Otll tilne to t~nie as~;~ lO the ~npJoyee. DITJI~) 'Jim l~npIoyee fl. tiler af~ ees I(~ abide, b), nil of tim J'~tie,, policies, t e~,lallol,~ mid Fddeli~es me in,Iii.led by Pie l;~r,jJloye, ~s Ihcy may exist fl mt time t~ l.ne ~aid t'uJe~, policies te~tlJblion~ Fi(leli.es tlluy be t evJSed, sllel ed or delcte(I at file sole dJsct elioll oflhe DnpIoyer 2. C()~A'I~()N. ~le ]~nplbyer sb~ll pay lo Ihe ~.lJIoyee IJJe foJl~inc comp~satiofl: .~.:~.~._~. per Jiqtttr, p~yRble bi~veekly (eve~' olJlel 5iliads}-} [e~ required deduclione fK Sl)plicable jlhyloll taxes SalMy: ..... (Msqs~ement) b. ;~c xddil~lal cm~ensalion, mi aniollll[ of ~(fllQil~iofl ~ se'vice Soles p.~ble IJi~ekly (evet'¥ olhel ~mdRy) piovide(I however, ~1~ fhis additional coml)en~ation shall bc p~y~blc oJlJy aflcr II~ ~.ployee has (ImJbled hisS, er hem ly w~e or salmy in sct%'ice sates. C(,mmis~ion rml be ~ai~ed ~ lowered Bt Bt die ~npIoyer's disc, etion c. ~1~ ~l)loyee shall I'eceive Ihose employee l)enefile to wJlidl he/she is e~illed b~e(I lipon emplo~nent ~lld le.~lJl of sef ~'ice as .el fot~ ~fl ~ sepm 2re do~tm~L ~]le Employee fl~ees tirol ~nid bcf,elit~ rosy be .lfered et mnended st the sole discreliof, of Ibc Ihereafla' on a week-lo-T~yek b~sJs Either JJMty Inly leJm ale fhts~eemesd ~ the end ofny ~ek by ~ivif~ ITvo (2) week's ~'ille..elite I(~ Ihe ofhel pmly, pJoYided howevet', Ibit ~e ~Ajfl~'er lenui.ale ~e ]h~loyee st M~y Im~e, ~viti, (,r willim~l ~ood C~tl~r mid wifllout ~icJl nolice if, in tl,e opinion of Slid al ~le sole. dlsclel~on of the ~njJJO~'el', the UtnldO~ye has violated ny wink tale, te~onnibility ~ requit elneld oftlw 4. JJAg'J~'JION~ O!7 AL'I~VJ'IY: 12crpl as e.qpse~sly ~ppr(~vcd in ~idn~ by fJie ~ioyer, ~niD~ tam of~lii Apeellieilf, Ihe ]~mployce e,il.ll devolc hi~tet be~l eObft, m,d his~ltet elilire t~me to ndvmlce Ihe interesh of the U~nldo)y~. and be/she ~h.ll .et fl'(.ctly et htdhectly, indiYJd.aJly or as a ~mber any pm~et ship, o, co~pot alia., be etl~ed in el eo.cemed with arty ethel commf ciul dutie~ or wh~. 5, RI[S'I'IL~CtT~/E COVF. NANI'S: ripen Ibc tem~inatio, of' eml~lo~e~ or the l~ployee, ~'hdher tetmitm[imt ~f Otis A~eement b~ Ihe l~[~l?~er or Ihe 1.;~npio~ee, fl,e l~qfloyee stroll not, directly i,diteclly, wilhiit n tndi-~ o~vr '"'(.'~ ) mile~ oFIitc salon al *x'l~icli lie/she ,vas employed e.tet ii)lo or a, employee. ~c,I. fO[ce , or ditectm el m~y as u j)mflicl, a shmdloldct m n .ioiid YClllllicr of ns , ~-' .-' ~ cospot atto, m jpmhletship or ill ~lt~' oliK. J Itl~llll(.I [~s ~ J)Ct i od o~j~ '" (~f) Iltoidhs after the date of tctmination ofhisAiu e.tl,lo~.e.t wtlil Ihe Itt the eveJi1 the J~J.j)loyee fail= to ntside l)y tine j. ovi~ioi~c~el forth n1~o%'e, he/~JJe n~'ees Io Fay to lite ]hnployer us liquidated (hmnBe~ Use s.ttt (,f~ /~/~;._.~... ~e~n(.,th fm cach .to.th i,~ which hQ/she was eo~loyed t~y said employer. %Viflz a Itlillilmim ~ ~/[~// '~)e c~vennnt cotltait~d m this j~a~rnph five shall Itel apply io the eve~ the ~Floym' dt~cotdinues business for thirty [30) coJiseculive day~, itl which evesfl II~e l[.qfloyee ~'ould be s'elea~ed tim. covenmd. 'Ibis coYenmil m) the j)att ofO)e J;~qJIoyee shall be con.s.cd ~ mi ~Feement independent of ny other j)~ovlstml o~this A~'eemetd et Ihe F2i[~e.ce oF miy othet cIMIit el (:n.se of aerie, held by Ihe ~lnJ)Jo~er. 'Ibc J~iJJplo)'~r ha~: relied upe. this cevetimll iii extendm~ cml~lo)qfleifl to l~16y~e, mid ~.ployee nc~o~'ledges Stroll emjflo~ll~til ol)i)mtlmity as ~ood mid vaiJJatJlC conside~nliml For rite coven~ gi~'en Any Legal ~ns mid/er ~ollcctiotl J~e~ incm'red fro' elJ~otci-~ flJl~: ~ecme.t will be at fl~e e~)ettse. L~I;~E~ I'ROVISIONS: 'lhis AKt eement apl)et sedes nil fiber nF'eemerfln previously made by nmi between file I)athes relalmf: Io ii=: ,a,biect tnallct. 'lliifi ArJeemc.t may only be ame.ded by ~iti.~ ~tr)ted by boU~ thc pmties. ~y .olic~ to be deltYeted raider fll~s A~eeJ.e.I ~hBII be Given ~vt iti,g a,rl flelivct ed. pel soouJJy m' l~v crt h lh. d mail. po~dn~:e I' epaid. Bddte~;~;ed to One ]~J~q)loyet or the Employee Bt fheil la~:t ~toTx-tz adds er:t: ~e cleln~i e,' ~llllll e I)~ eJlllel IJm ty to e.~el (:i:m att)' z sahl 1Itt(lei' Al~eem~Jif. m)(I ilo [)nthnl c.t ~iiJGie exet('i~:(~ of'that J'~Jll, stroll COJl:fllhlle n w~is,er (,~ flint et May filed Ile~(ti.~. it~ tim: Al~teeme.t ;.e F~,t co.¥e, ie.ce (,.ly 3ti(I clmll not be ti~ed lo iidej~el or COlJSbue it~: I. ovi~imi~. 'l'ht~ A~t eeme.t shall be COlJSltlled it~ nt:(:ot da. ce wifll a,.I govetited by Ihe laws of die Commo.~¥eallh oF lSemtsylva.ia )tit[ lin~ beeil ~tccelsted ~f Ihe coEporate o~ces of fine F2nployer in CllllllJCtJarlfl COUllly, ]'eli,~vlyatiin 'lllts A~iceJlJeltl iflny be exectdecl in two et mole ComlletjJalts. each · ~ich shall be deemed m~ OriGinal. bttt nil of~'hi~h Io~eflJ~ sh;~ll I)e I)it~ditlfi iq)on mid imlt e [o ~le oflhe pmties ~ flleir respecti%'e succeGsm s nod 04/24/0! 25-'49 ~ ;'17 69? 6497 DEBBIE ENTER LTD P.I~3 ]lq WITNESS ~,FllI"REOI.'. tl,c paJties I,avc signed this ~'j'eemelfl. Ira Yom llai~ (.'o~mection. Yo,n' Mmic Cut. geRielle BY: ,c' ..... BY: BY: DEBBIE ENTERPRISES, LTD., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELIQUE HARRIMAN, Individually and t/dla/a EXPECTATIONS, : 01-2785 CIVIL TERM DEFENDANT : 01-3256 CIVIL TERM ~ 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 retumable ten (10) days after service. Any answer filed shall be forwarded by the Pmthonotery to chambers.1 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. DEBBIE ENTERPRISES, LTD., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELIQUE HARRIMAN, Individually and t/d/a/a EXPECTATIONS, 0.1-2785 CIVIL TERM ~(~1-3256 CIVIL TERM DEFENDANT AND NOW, this ~ ~ day of July, 2001, the above two captioned cases, ARE CONSOLIDATED at Docket Number 01-2785 Civil Term. JF°~ep~hainL~iffH itchings Esquire Frank P. Clark, Esquire For Defendant :saa 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~.TTER 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 forth at length herein. 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 SHU~F,~LO%%~ of law to which no responsive pleading is required. & LINDSAY 23. The averments of Paragraph 23 constitute conclusions 26 W. HI~ Street ~fll~, PA of law to which no responsive pleading is required. 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 which no responsive pleading is required. 28. The averments of Paragraph 28 constitute conclusions of law to which no responsive pleading is required. 29. The averments of Paragraph 29 constitute conclusions of law to which no responsive pleading is required. 30. The averments of Paragraph 30 constitute conclusions of law to which no responsive pleading is required. 31. The averments of Paragraph 31 constitute conclusions SAIDIS of law to which no responsive pleading is required. & LINDSAY 32. The averments of Paragraph 32 constitute conclusions ATF(M~IEY~A'FgLAW 26W. Hl~Stl'eet ~rilsie, PA of law to which no responsive pleading is required. 2 WHEREFORE, Plaintiff demands judgment against the Defendant as set forth in its Complaint. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated:'7-,~-~ ~p~ L.7'!J ~-~~/~' - ' ' H~chings,"~uire Attorney I.D. # 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWh~ & LINDSAY Z~ W. High Street Carlisle, PA 3 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. § 4904, relating to unswom falsification to authorities. - DATED: ~' ~e ~'b'bT-~'eRalph -' ' ~ SAIDIS SHUFF, FLOW~ & LINDSAY 26 W. High Steer Carlisle, PA On thisi . day of , 2001, I hereby certify that I served a true and correct copy of the foregoing 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, PA 17011 SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA