Loading...
HomeMy WebLinkAbout02-5592AMY A. STORM, Plaintiff v WANDA JEAN HAHN, Defendant lN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ~ ~ ~)- CIVIL ACTION - LAW IN EQUITY NOTICE TO PLEAD 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 (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 thc 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 GETLEGALHELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 AMY A. STORM, Plaintiff WANDA JEAN HAHN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - _~.~.~c/~_ CIVIL ACTION - LAW : IN EQUITY COMPLAINT FOR ACCOUNTING AND DISSOLUTION Plaintiff, Amy A. Storm, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: , ~ - 1. Plaintiff, Amy A. Storm, is an adult individual residing at 1705 Maplewood Road, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant, Wanda Jean Hahn, is an adult individual residing at 15 Mountain Street, Mt. Holly Springs, PA 17065 3. On September 30, 2000, Plaintiff and Defendant entered into a partnership with each other for purposes of engaging in the ownership and operation of a beauty salon business known as "Sassy Cuts" (Business). The terms of the Partnership Agreement for the Business were reduced to writing and signed by the parties on September 30, 2002, a copy of which is attached hereto and marked Exhibit "A" (Agreement). 4. Pursuant to the Agreement, Plaintiff sold to Defendant a one-half interest in the Business which Plaintiff owned individually prior to the creation of the partnership between the parties, with the Defendant paying the sum of $58,107.23 in consideration for purchase of one-half of the business and formation of the partnership between the parties. 5. The assets of the business have been sold and, except for payment of some miscellaneous bills and taxes, conduct of the business is complete. 6. Plaintiff desires a dissolution of the partnership. 7. Defendant is in violation of the Agreement between the parties in that during the partnership Defendant appropriated various monies and assets of the partnership to her own use in violation of the Partnership Agreement and without permission of the Plaintiff. 8. Defendant is indebted to the Plaintiff for monies and assets she misappropriated from the partnership, and there is a balance owing from Defendant to Plaintiff. 9. No settlement of the partnership accounts has ever been made between the Plaintiff and Defendant although the Plaintiff has repeatedly applied to the Defendant to come to a final settlement. WHEREFORE, the Plaintiff requests the following relief: A. That a dissolution of the partnership be decreed. B. The an account be stated of all of the partnership transactions and dealings and that the Defendant be decreed to pay to Plaintiff what shall upon said accounting appear to be due to Plaintiff from the Defendant. C. That a receiver be appointed to take charge of said assets of the partnership as is necessary. D. Such other relief as the court may deem appropriate and just. Respectfully submitted, e~X. G' o.y, Esquire Attorney fo~ Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 A195-10 R195-04 GENERAI/IAGREEMENT THIS AGREEMENT made this ~) ay of m f4~ , lJ~ , by and between .~,~ ~ .~J/n n t~'o (First Party) and WITNESSETH: That in consideration of the mutual covenants and agreements to be kept and performed on the part of said parties hereto, respectively as herein stated, the said party of the first part does hereby covenant and agree that it shall: Il. And said party of the second part covenants and agrees that it shall: This agreement shall be binding upon the parties, their successors, assigns and personal representatives. Time is of the essence in all undertakings. This agreement shall be enforced under the laws of the State of ~1.. · This is the entire agreement. Signed the day and year fucst above written. Signed in the presence of: Witness Witness Second Party I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworu falsification to authorities. DATE: AMY A. STORM Plaintiff Vo WANDA JEAN HAHN, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-5592 EQUITY ACTION - LAW · IN EQUITY NOTICE TO PLEAD TO: Amy A. Storm c/o Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover 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. Date Respectfully submitted, William A. Duncan, Esquire Attorney for Defendant Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 AMY A. STORM Plaintiff V. WANDA JEAN HAHN, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-5592 EQUITY ACTION - LAW · IN EQUITY Defendant, Wanda Jean Hahn, by her attomeys, Duncan & Hartman, P.C. sets forth her answer as follows: 1.-3. Admitted. 4. It is admitted that Plaintiff's intent was to become equal partners with Defendant in the Business which Plaintiff owned individually prior to the Agreement dated September 30, 2000. It is also admitted to the extent that Defendant contributed $58,107.23 to the parmership, which amount was to be equivalent to the amount contributed or to be contributed by Plaintiff.. 5. Admitted. 6. Admitted. 7. Denied in that the Partnership Agreement does not address the issue of withdrawal of capital contributions and the circumstances surrounding any such withdrawal. 8. Denied, to the contrary the Plaintiff is indebted to the Defendant and there is a balance owing from Plaintiff to Defendant. 9. It is admitted that a settlement of the partnership accounts has not been accomplished. It is denied that the failure to make settlement on the accounts is solely the fault of the Defendant. NEW MATTER 10. The responses to the allegations of Plaintiffs complaint contained in Paragraphs 1 through 9 above are incorporated herein. 11. Defendant contributed $58,107.23 to the Business on or about September 30, 2000, an amount which, at the time, she believed to be equal to the amount contributed or to be contributed by Plaintiff to the Business. 12. The Business consisted of the ownership and operation of a beauty salon business known as "Sassy Cuts", including the real estate situate at 767 E. High Street, Carlisle, Pennsylvania. 13. Plaintiffs contribution to the Business from the date of purchase on September 30, 1994 until September 30, 2000 was considerably less than $58,107.23. 14. Plaintiff violated the Agreement between the parties in that during the partnership, Plaintiff made a unilateral non-business related payment, which was unauthorized by both partners, in the amount of $1,600.00 to Harley-Davidson on or about February 27, 2001 out of the business checking account. 15. Plaintiff violated the Agreement between the parties in that she misappropriated $900.00 from the Christmas Club Savings Account which was to have been set aside for benefit of shop employees and Defendant was forced to replace the $900.00 on November 3, 2000 from the Partnership checking account. 16. Plaintiff violated the Agreement between the parties in that during the partnership, Plaintiff on many occasions failed to reconcile services rendered by the Business with cash receipts for which she was responsible in the proper fashion, thereby causing financial losses to the Business. 17. Plaintiff violated the Agreement between the parties in that during the parmership, Plaintiff on many occasions used Partnership property and assets for personal use contrary to Defendant's wishes and without the consent of both parties. 18. Plaintiff received a disproportionate and unequal amount of partnership income during the course of the partnership. 19. Any monies returned to Defendant from the Parmership Savings Account were monies contributed by Defendant, having been contributed as a result of Plaintiffs misrepresentations as to her contribution to the parmership. 20. Defendant was forced to use self-help by Plaintiffs failure to discuss business decisions with her and to conduct the Business in a proper fashion. 21. Plaintiff never made the contribution of the realty located at 767 E. High Street as contemplated by the parties to the partnership. WHEREFORE, Defendant requests the following relief: A. That a dissolution of the partnership be decreed. B. That an account be stated of all of the parmership transactions and dealings and that the Plaintiff be decreed to pay to Defendant what shall upon said accounting appear to be due to Defendant from Plaintiff. C. Such other relief as the court may deem appropriate and just. Respectfully submitted, William A.--'.~uncan, Esquire Attorney for Defendant Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 Supreme Court ID//22080 VERIFICATION I verify that the statements made in the foregoing Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Wanda J. H rote '~ - ¥'"' ~D CERTIFICATE OF SERVICE I hereby certify that I served a tree and correct copy of the foregoing Answer and New Matter by depositing same in the United States Mail, first class, postage pre-paid on the ~ d'~ay of ~j~X, LL~ C.~A,. , 2003, addressed as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Date William A. Duncan, Esquire Attorney for Defendant Duncan & Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 AMY A. STORM, Plaintiff V WANDA JEAN HAHN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - 5592 EQUITY ACTION - LAW : IN EQUITY .,ANSWER TO NEW MATTER Plaintiff, Amy A. Storm, by her attorneys, Broujos & Gilroy, P.C., sets forth herein a response to new matter filed by Defendant Wanda Jean Hahn, and alleges as follows: 10. 11. No responsive pleading is required. Admitted. 12. Admitted. 13. Denied. On the contrary, Plaintiff's contribution to the Business was considerable more than $58,107.23. Plaintiff purchased the Business on October 1, 1994, at which time the Business consisted of an ongoing beauty salon operation but did not include the real estate. Purchase price for the Business at the time was $25,000.00. Plaintiff took out a loan from Waypoint Bank for that purchase price and paid on that loan consistently up to the time Defendant purchased a one half interest in the Business, and continued to pay on that loan subsequent to that time. Plaintiff's monthly payments were approximately $307.00 which resulted in Plaintiff paying over $22,000.00 between September 1994 and September 2000. Additionally, Plaintiff acquired the real estate which became part of the Business in October of 1995 and made payments of $1,406.00 per month on the Real Estate until September 2000 when Defendant acquired an ownership in the Business, said payments totaling in excess of $$4,000.00. .Additionally, throughout the years that Plaintiff owned the Business solely, she made numerous capital contributions to the Business including purchase of computer equipment, shop equipment such as chairs, modifications of the real estate and numerous other capital contributions. Plaintiff also improved the real estate by improving the apartment on the second floor with the installation of new carpeting, new bathtub and other miscellaneous improvements. Overall, Plaintiff had expended much more than $100,000.00 towards the Business prior to the sale of one half interest in the Business to the Defendant, with more detailed information to be provided in support of this claim during discovery. 14. Denied. Plaintiff made a loan from the Business to an individual in the amount of $1,600.00 which money was repaid to the Business. 15. Denied. Plaintiff took funds from a Christmas Club Savings .Account which was held in her name at a time when Plaintiff was the sole owner of the Business..At the time Plaintiff and Defendant entered into the agreement to allow Defendant to purchase a one half interest in the Business, the said $900.00 was reinserted into the Christmas Club Savings .Account which transaction was included as part of the payment Defendant made for purchase of the business. 16. Denied. Defendant's allegation lacks specificity and Plaintiff is unable to respond. By way of further answer, said allegation is specifically denied..After reasonable investigation, Plaintiff is without knowledge with respect to what Defendant is claiming in this allegation. Proof thereof is demanded. 17. Denied. Defendant's allegation lacks specificity and Plaintiff is unable to respond. By way of further answer, said allegation is specifically denied. After reasonable investigation, Plaintiff is without knowledge with respect to what Defendant is claiming in this allegation. Proof thereof is demanded. 18. Denied. Admitted that Plaintiff received an income in excess of the Defendant. However, the agreement between the parties was that Plaintiff would be compensated as an employee of the Partnership for her work as a hairdresser and that Defendant would be compensated for her work in handling the books of the partnership. This was not "partnership income", but rather was employee expenses for the work that Plaintiff and Defendant completed. In fact, Plaintiff performed a disproportionate and much greater amount of work for the partnership during the time the parties were partners. 19. Denied. Upon the purchase by Defendant of her partnership interest, the monies from the Partnership Savings Account were partnership monies, and Defendant's unilateral taking of those monies constituted theft from the partnership. 20. Denied. Plaintiff was always willing to discuss business issues with the Defendant. Defendant's claim of self-help is a conclusion of law and a responsive pleading is not required. 21. Denied. Defendant's allegation lacks specificity and Plaintiff is unable to respond. By way of further answer, said allegation is specifically denied. After reasonable investigation, Plaintiff is without knowledge with respect to what Defendant is claiming in this allegation. Proof thereof is demanded. WHEREFORE, Plaintiff requests relief as set forth in the Complaint. Respectfully submitted, 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: AMY A. STORM, Plaintiff WANDA JEAN HAHN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - 5592 EQUITY ACTION - LAW ._ : IN EQUITY PETITION TO COMPEL DISCOVERY Plaintiff, Amy Storm, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff desires to proceed with taking the deposition of the Defendant so this case could move forward towards trial. 2 Defendant has refused to cooperate in scheduling a deposition and has merely suggested that she has some problems that would limit her ability to give a deposition at this time (see copy of letter from Defendant's attorney attached hereto and marked Exhibit "A"). 3 Plaintiff seeks a Court Order directing the Defendant to submit to a deposition. WHEREFORE, Plaintiff requests your Honorable Court to schedule a discovery conference to resolve this discovery dispute. Respectfully submitted, Attorney for Plaintiff/ Broujos & Gilroy, PjC. 4 North Hanover StJ'eet Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 William A. Duncan Susan J. Hartman George E Douglas, III Duncan, Hartman & Douglas, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 (717) 249-7780 FAX (717) 249-7800 dhdlaw~planetcable.net Encl: October 1, 2003 Hubert X Gilroy, Esquire Broujos & Gikoy, P.C. 4 North Hanover Stre~ Carlisle, Pennsylvania 17013 RE: Storm/Hahn Dear Hubert: As I have explained to you previously, my client is not in a position to give testimony due to her current medical condition. If you have any questions please give me a call. Thank you, William A. Duncan, Esquire WAD/cd EXHIBIT ! HOLY The Spirit of Caring II September 26, 2003 William Duncan, Attorney 1 Irv'mg Row Carlisle, PA 17013 RE: Wanda Hahn DOB: 1/27/46 Dear Mr. Duncan: Wanda is currently a patient under my care. Due to her psychiatric illness and memory problems, it is not in her best interest to testify. Thank you in advance for your cooperation. t Miller, M.D. Psychiatrist RM/jls A Service of Holy Spirit Health System 503 North 21st Street · Camp Hill, PA 17011-2288 (717) 7634100 AMY A. STORM, Plaintiff VS. WANDA JEAN HAHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5592 EQUITY CIVIL ACTION - EQUITY IN RE: PLAINTIFF'S MOTION TO COMPEl, ORDER AND NOW, this $ o" day of December, 2003, a brief argument on the within motion to compel discovery is set for Thursday, February 5, 2004, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ,,,Hubert Gilroy, Esquire For the Plaintiff t//William A. Duncan ,Esquire For the Defendant :rlm ess, J. WNYA"'IASNN~_d 9§ :~1 t~.d O~ 338 ~O0~ ,~L~¥LOFIOHLO~d ]H.L -~O AMY A. STORM, Plaintiff WANDA JEAN HAHN, Defendants :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2002-5592 EQUITY ACTION - LAW : : IN EQUITY .. PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned action as settled and discontinued. Date Respectfully submitted, Hubert X./Gilroy, Esquire Attorney for Defendant Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574