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Home My WebLink About11-9549 HAROLD S. IRWIN, 111, ESQ. SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PETITIONER FILE-9 - THOiq` THE P, 0 T?, F) CUMBE iLAN,r) COUNTY r' P 1? iSYLVAhIA CHIMNEY SWEEP SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BENJAMIN M. BURDICK and : NO. 2011 - Q5 CIVIL ACTION ANDERSON CHIMNEY SWEEPS, INC., : Respondents ORDER OF COURT NOW, this day of 17AAIUAAY , 20/11?on petition of the petitioner and on the motion of petitioner's counsel, Harold S. Irwin, III, Esquire, a rule is hereby issued upon respondents to show cause why respondents should not be required to specifically conform their actions to the terms of the employee non-compete agreement of June 15, 2010 and to pay to the petitioner monetary damages, attorney fees, and costs of this action. Rule returnable (oPO) days after service upon respondents and respondents' counsel, Robert S. Mirin, Esq., by certified mail. By the Court, 004 J. ? 11 nd{,-sc n . U ' m n ey ....<,,,te,S ?s c r) 0 P, mu . I CIS/? ? 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4ntii6Fr14/14, Ct_ THE CT11i'1t'3 it ,4, 20,11 2 JAN 10 PM ?: 10 CUMBERLAND COUNTY PENNSYLVANIA Chimney Sweep Systems, Inc. Case Number vs. Benjamin M Burdick (et al.) 2011-9549 SHERIFF'S RETURN OF SERVICE 01/04/2012 02:45 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 4, 2012 at 1445 hours, he served a true copy of the within Petition for Rule to Show Cause, upon the within named defendant, to wit: Anderson Chimney Sweep, Inc., by making known unto Rick Anderson, Owner of Anderson Chimney Sweep, Inc. at 601 Walnut Alley, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM jeLAqA, DEPUTY 01/04/2012 02:20 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 4, 2012 at 1420 hours, he served a true copy of the within Petition for Rule to Show Cause, upon the within named defendant, to wit: Benjamin M. Burdick, by making known unto himself personally, at 94 Queen Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $76.44 January 05, 2012 TIM K, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (C. CcU'?:y Ile Jhenff. Tele oft. ':; LAWRENCE J. ROSEN, ESQUIRE KREVSKY & ROSEN, P.C. 1101 NORTH FRONT STREET HARRISBURG, PA 17102 ID# 10625 (717) 234-4583 lro sen@krev skyandro sen. com LSO - ,y. ?0T1,D vt .. '2012 J,',1N 2S AM 10: 2 !CUMBERLAND GGJU J`:` PENNSYLVANIA CHIMNEY SWEEP SYSTEMS,INC., Petitioner V. BENJAMIN M. BURDICK and ANDERSON CHIMNEY SWEEPS, INC., Respondents IN THE COURT OF COMMON PLEAS OF COMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2011 - 9549 CIVIL ACTION PRELIMINARY OBJECTIONS TO PETITIONER'S PETITION FOR RULE TO SHOW CAUSE AND NOW this day of January, 2012, comes Respondent, Anderson Chimney Sweeps, Inc., by and through counsel, Lawrence J. Rosen, Esquire, and offers the following averments in support of Petitioner's Petition for Rule to Show Cause: 1. FAILURE TO STATE A CLAIM FOR WHICH RELIEF MAY BE GRANTED 1. Petitioner is attempting to initiate proceedings in this matter by the instant Petition seeking a Rule to Show Cause. 2, Pennsylvania Rule of Civil Procedure 1007 provides that a civil action may be commenced by a Praecipe for a Writ of Summons or Complaint. 3. Petitioner has failed to adhere to the applicable rule to initiate a lawsuit. 4. Petitioner's pleading must be dismissed due to failure to properly state a legal claim. See: City of Philadelphia v. Stephen A. White, 727 A.2d 627 and Hartmann v. Peterson, 438 Pa. 291, 265 A.2d 127 (1970). Wherefore, Respondent,. Anderson Chimney Sweeps, Inc., asks that Your Honorable dismiss the instant Petition. II. LACK OF SUBJECT MATTER JURISDICTION 5. Paragraphs one through four are hereby incorporated as if fully set forth herein. 6. The jurisdiction of Your Honorable Court has not been properly asserted as Petitioner has failed to initiate process as per Rule 1007 of the Pennsylvania Rules of Civil Procedure. See: City of Philadelphia v. Stephen A. White, 727 A.2d 627 and Hartmann v. Peterson, 438 Pa. 291, 285 A.2d 127 (1970). Wherefore, Respondent, Anderson Chimney Sweeps, Inc. asks that Your Honorable Court dismiss the instant Petition. Respectfully submitted: KREVSKY & ROSEN, P.C. By: -?,~,.??, ?Lt? -' Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 ID# 10625 (717) 234-4583 CHIMNEY SWEEP SYSTEMS,INC., Petitioner V. BENJAMIN M. BURDICK and ANDERSON CHIMNEY SWEEPS, INC., Respondents IN THE COURT OF COMMON PLEAS OF COMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011 - 9549 CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this day of January, 2012, I, Lawrence J. Rosen, Esquire, attorney for Defendant, ANDERSON CHIMNEY SWEEPS, INC., hereby certify that I have this day served a copy of the Preliminary Objections in the above-captioned matter, by First Class Mail on the following: HAROLD S. IRWIN, III, ESQUIRE 64 SOUTH PITT STREET CARLISLE, PA 17013 Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102. Phone: (717) 234-4583 Fax: (717) 234-3650 lrosengkrevskyandrosen.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHIMNEY SWEEP SYTEMS, INC. : Plaintiff, NO 2011-9549 C5 C° } V. CIVIL ACTION - LAW mco -- -{ BENJAMIN M. BURDICK and --? r; ANDERSON CHIMNEY SWEEPS, INC. r-a cn Defendant. ' c-, > DEFENDANT BENJAMIN BURDICK'S RESPONSE TO RULE TO SHOW CAUVE AND NOW, comes the above-named Defendant, Benjamin Burdick, by and through his attorney, William C. Felker, files this Response, sets forth and answers as follows: The issue is moot, as Benjamin Burdick has left his employment with Anderson Chimney Inc. and is not working for any other chimney cleaning company; therefore, Benjamin Burdick is complying with his non-compete. WHEREFORE, defendant, Benjamin Burdick, respectfully request this Honorable Court dismiss Plaintiff's action. Respectfully submitted; William C. Felker, Esquire P.O. Box 1401 Camp Hill, PA 17001 (717) 512-0647 Attorney for Benjamin Burdick CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: Harold S. Irwin, III, Esq. 64 South Pitt Street Carlisle, PA 17013 Date: January 25, 2012 William C. Felker, Esquire P.O. Box 1401 Camp Hill, PA 17001 (717) 512-0647 Attorney for Benjamin Burdick