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HomeMy WebLinkAbout99-04984m.? `. :?% s;??a ?, ,? ?s DORSEY-MAXTON ASSOCIATES 322 W. GREEN STREET IN THE COURT OF COMMON PLEAS SHIREMANSTOWN, PA 17011 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s), LANDLORD - TENANT Vs. No.79-'y l,py CIVIL TERM NEW INSIGHTS, INC. 320 BRIDGE STREET, REAR NEW CUMBERLAND, PA 17070 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you and a judgment may be entered against you by the Court, without further notice, for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERT Y AVENUE CARLISLE PA 17013 (717) 249 3166 or 1 800 990 9108 DORSEY-MAXTON ASSOCIATES 322 W. GREEN STREET SHIREMANSTOWN, PA 17011 Plaintiff(s), Vs. NEW INSIGHTS, INC. 320 BRIDGE STREET, REAR NEW CUMBERLAND, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LANDLORD - TENANT NO. CIVIL TERM COMPLAINT FOR UNITS # 96, #98 AND #200 AND NOW COMES the Plaintiff by its ATTORNEY DANES M. BACK and files the within Complaint: 1. Dorsey-Maxton Associates is a partnership existing under the laws of the commonwealth of Pennsylvania and having as its principal address 322 West Green Street, Shiremanstown, PA 17011. 2. New Insights Inc., is a Pennsylvania Corporation having has its principal place of.business 320 R Bridge Street, New Cumberland, PA 17070. The only shareholder in this corporation is John Maxton, III and he resides at 413 16`" Street, New Cumberland, PA 17070. 3. The Plaintiff is a Landlord and the Defendant is a Tenant in this case. 4. The Plaintiff leased premises to the Defendant beginning on or about November of 1991. The rents have been paid by the Defendant for the leased property up until April 1995. After April 1995 the Defendant has not paid all rent due and owing. 5. The total amount of rent due and owing through August of 1999 is $35,640.00. (See Exhibit 'A') 6. The premises of this complaint are Units #96,98 and 200 at 320 Bridge Street, Rear, New Cumberland, PA 17070. WHEREFORE, Plaintiff respectfully prays for a judgement in the amount of $35,640.00 through August of 1999 and additional amounts thereafter, together with costs, interest, and possession. Qf? RESPECTFULLY SUMBITTED: DATE: u S M. ACH, ATTORNEY AT LAW 2 South Sporting Hill Road ch ie T aaicaburg, PA 17055 737-2033 I.D. # 18727 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities. 6-Ab? DATE n ? DO EY-MAXTON ASSOCIA S 8 JEANNIE DORSEY RENTS NOT PAID BY NEW INSIGHTS INC. AND/OR GLENDA MAXTON AND JOHN MAXTON UNITS #96. #98. AND #200 APRIL 1995 - $550.00 MAY 1995 - $1210.00 JUNE 1995 - $1210.00 JULY 1995- $1210.00 AUGUST 1995 - $1210.00 SEPTEMBER 1995- $1210.00 OCTOBER 1995 - $1210.00 NOVEMBER 1995- $1210.00 DECEMBER 1995- $1210.00 DECEMBER 1996 - $1210.00 JANUARY 1997 - $1210.00 FEBRUARY 1997 - $1210.00 MARCH 1998 - $1210.00 APRIL 1998 - $1210.00 MAY 1998 - $1210.00 JUNE 1998- $1210.00 JULY 1998- $1210.00 AUGUST 1998 - $1210.00 SEPTEMBER 1998 - $1210.00 OCTOBER 1998 - $1210.00 NOVEMBER 1998 - $1210.00 DECEMBER 1998 - $1210.00 JANUARY 1999 - $1210.00 FEBRUARY 1999 - $1210.00 MARCH- 1999 $1210.00 APRIL 1999 - $1210.00 MAY 1999- $1210.00 JUNE 1999- $1210.00 JULY 1999- $1210.00 AUGUST 1999 - $1210.00 TOTAL AMOUNT DUE: $35,640.00 EXHIBIT "A" O ? = 4 ? a fir a ?> F. Q Q tT m I n `C?- "O DORSEY-MAXTON ASSOCIATES Plaintiff VS. NEW INSIGHTS, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 99-4984 CIVIL TERM LANDLORD-TENANT RULE TO SHOW CAUSE AND NOW, to-wit this day of , 1999, it is hereby ORDERED that a Rule is issued upon Plaintiff to show cause why the Preliminary Objections filed in the matter should not be sustained and the Complaint dismissed. This Rule is returnable on the day of 1999 in Courtroom number before the Honorable at .m. BY THE COURT: DORSEY- MAXTON ASSOCIATES : IN THE COURT OF COMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. LANDLORD-TENANT NEW INSIGHTS, INC. : NO. 99-4984 PRELIMINARY OBJECTIONS AND NOW, comes your Defendant, New Insights, Inc. by and through its attorney, Gregory J. Katshir, Esquire, with the following Preliminary Objections, set forth to the Complaint filed in this matter, wherein it is set forth as follows: 1. The Complaint was filed on or about August 17, 1999. 2. Your Defendant sets forth Preliminary Objections to the Complaint, as set forth herein. 1. FAILURE TO CONFORM TO RULE OF LAW/ INSUFFICIENT SPECIFICITY 3. Plaintiff Dorsey-Maxton Associates have filed the action in this matter. The Complaint avers that Plaintiff, Dorsey-Maxton Associates is a partnership existing under the laws of the Commonwealth of Pennsylvania. 4. Pursuant to Pennsylvania Rules of Civil Procedure 2127 (a), a partnership shall prosecute an action in the name of the then partners trading in the firm name. 5. Plaintiff has failed to comply with Rule 2127 (a) by prosecuting the instant action in the trade name of the partnership. Plaintiff has failed to prosecute the instant action in the names of the then existing partners. 6. This is particularly important in light of the fact that Defendant avers that this matter in not being prosecuted by all partners of Dorsey-Maxton Associates, but rather has been filed only by one partner. It is further averred that the partner pursuing this matter has done so without the consent of the other partner. 7. The Complaint should be dismissed, until it appropriately conforms to applicable Pennsylvania and/or Rules of Court. WHEREFORE, the Defendant requests that appropriate relief be granted. Gregory J. II Attorney for PA ID #61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 I verify that the facts set forth in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: G t C11 z cv O_• N U o) c.J JEANNIE DORSEY and GLENDA MAXTON t/a DORSEY-MAXTON ASSOCIATES 322 W. GREEN STREET SHIREMANSTOWN, PA 17011 Plaintiff(s), Vs. NEW INSIGHTS, INC. 320 BRIDGE STREET, REAR NEW CUMBERLAND, PA 17070 Defendant(s) Vs. GLENDA MAXTON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LANDLORD - TENANT NO. 99-4984 CIVIL TERM NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you and a judgment may be entered against you by the Court, without further notice, for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 JEANNIE DORSEY and GLENDA MAXTON t/a DORSEY-MAXTON ASSOCIATES 322 W. GREEN STREET SHIREMANSTOWN, PA 17011 Plaintiff (s) , Vs. NEW INSIGHTS, INC. 320 BRIDGE STREET, REAR NEW CUMBERLAND, PA 17070 Defendant(s) Vs. GLENDA MAXTON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LANDLORD - TENANT NO. 99-4984 CIVIL TERM AMENDED COMPLAINT FOR UNITS # 96, #98 AND #200 AND NOW COMES the Plaintiff by its ATTORNEY JAMES M. BACK and files the within Complaint: 1. Dorsey-Maxton Associates is a partnership existing under the laws of the Commonwealth of Pennsylvania and having as its principal address 322 West Green Street, Shiremanstown, PA 17011. 2. New Insights Inc., is a Pennsylvania Corporation having has its principal place of business 320 R Bridge Street, New Cumberland, PA 17070. The only shareholder in this corporation is John Maxton, III and he resides at 413 16`" Street, New Cumberland, PA 17070. 3. The Plaintiff is a Landlord and the Defendant is a Tenant in this case. 4. The Plaintiff leased premises to the Defendant beginning on or about November of 1991. The rents have been paid by the Defendant for the leased property up until April 1995. After April 1995 the Defendant has not paid all rent due and owing. 5. The total amount of rent due and owing through August of 1999 is $35,640.00. (See Exhibit 'A') 5. The total amount of rent due and owing through August of 1999 is $35,640.00. (See Exhibit 'A') 6. The premises of this complaint are Units #96,98 and 200 at 320 Bridge Street, Rear, New Cumberland, PA 17070. WHEREFORE, Plaintiff respectfully prays for a judgement in the amount of $35,640.00 through August of 1999 and additional amounts thereafter, together with costs, interest, and possession. RESPECTFULLY SUNBXTTBD: DATE: 6 - ?-'k. Az A.6,z S M. BACH, ATTORNEY AT LAW 52 South Sporting Hill Road Mechanicsburg, PA 17055 (717) 737-2033 I.D. # 18727 VERIFICATION I verify that the statements made in this Amended Complaint are true and correct. I understand that false statements herein made are subject to penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities. o DATE ORSEY-MAX' : JEANNIE DORSEY . _ ' ? - ;= °? i '? :? ??? (.i'::. '' ): L ?.. t-- ?. .J l1J G !.1 ;:L U. 6? -i 'J Gl iJ DORSEY-MAXTON ASSOCIATES ) Plaintiff ) VS. ) NEW INSIGHTS, INC. ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 99-4984 CIVIL TERM LANDLORD-TENANT RULE TO SHOW CAUSE AND NOW, to-wit this day of 1999, it is hereby ORDERED that a Rule is issued upon Plaintiff to show cause why the Preliminary Objections filed in the matter should not be sustained and the Complaint dismissed. This Rule is returnable on the day of 1999 in Courtroom number before the Honorable at m. BY THE COURT: J. DORSEY- MAXTON ASSOCIATES : IN THE COURT OF COMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NEW INSIGHTS, INC. LANDLORD-TENANT NO. 99-4984 PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT AND NOW, comes your Defendant, New Insights, Inc. by and through its attorney, Gregory J. Katshir Esquire with the f ll i , , o ow ng Preliminary Objections, set forth to the Amended Complaint filed in this matter, wherein it is set forth as follows: 1. A Complaint was filed on or about August 17, 1999. 2. Preliminary Objections were filed on September 23, 1999 in response to the Complaint. 3. On or about October 1, 1999, an Amended Complaint was filed in responseitothe Preliminary Objections ?' - . 4. Your Defendant sets forth Preliminary Objections to the Amended Complaint, as set forth herein . 1. FAILURE TO CONFORM TO RULE OF L ?J AW/ INSUFFICIENT SPECIFICITY 3. Plaintiff Dorsey-Maxton Associates have filed the action in this matter. The Amended Complaint avers that Plaintiff Dorse -Maxt A , y on ssociates is a partnership existing under the laws of the Commonwealth of Pennsylvania. 4. The caption of the Amended Complaint indicates that the Plaintiff is "Jeannie Dorsey and Glenda Maxton t/a Dorsey-Maxton Asso i t " H c a es . owever, the body of the complaint does not include the names Jeannie Dorsey or Glenda Maxton. The body of the Amended Complaint indicates that the Plaintiff is Dorsey-Maxton Associates. 5. Additionally, only Jeannie Dorsey has executed the Verification to the Amended Complaint. 6. Further, Glenda Maxton, who is named in the caption as trading as Dorsey-Maxton as a Plaintiff, is also named in the caption as a Defendant. However, no mention of Glenda Maxton as a Defendant is made in the body of the Amended Complaint. 7. Pursuant to Pennsylvania Rules of Civil Procedure 2127 (a), a partnership shall prosecute an action in the name of the then partners trading in the firm name. 8. Plaintiff has failed to comply with Rule 2127 (a) by prosecuting the instant action in the trade name of the partnership. Plaintiff has failed to prosecute the instant action in the names of the then existing partners. 9. This is particularly important in light of the fact that Defendant avers that this matter in not being prosecuted by all partners of Dorsey-Maxton Associates, but rather has been filed only by one partner. It is further averred that the partner pursuing this matter has done so without the consent of the other partner. 10. The Amended Complaint should be dismissed, until it appropriately conforms to applicable Pennsylvania and/or Rules of Court. WHEREFORE, the Defendant requests that appropriate relief be granted. submitted, Gregory J. htshir, Esq Attorney f r Defendant PA ID #61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 VERIFICATION OF KNOWLEDGE INFORMATION AND BELIEF I verify that the facts set forth in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: C, n CERTIFICATION OE' SERVICE I hereby certify that a true and correct copy of the foregoing Preliminary Objections were served upon the following via First Class mail, on _L 1?-4ff follows: Postage prepaid as James M. Bach, Esquire 352 South Sporting Hill Road Mechanicsburg PA 17055 Gregory J. VVats?hir, Esquire _ ?, _. ?. , ?J JEANNIE DORSEY AND GLENDA IN THE COURT OF COMMON PLEAS MAXTON t/a DORSEY-MAXTON CUMBERLAND COUNTY, PENNSYLVANIA ASSOCIATES 322 W. Green Street Shiremanstown, PA 17011 Plaintiff LANDLORD - TENANT VS. NEW INSIGHTS, INC. NO. 99-4984 CIVIL TERM 320 Bridge Street, Rear New Cumberland, PA 17070 Defendant VS. GLENDA MAXTON PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT FOR UNITS #96.498 AND #200 AND NOW comes Defendant, Glenda Maxton, by and through her attorney, Robert P. Kline, Esquire, with the following preliminary objections, set forth to the Amended Complaint filed in this matter, as follows: MOTION TO DISMISS FOR LACK OF AUTHORITY OF PLAINTIFF TO PROCEED The Plaintiff in the above-captioned matter is described in the caption as Jeanne Dorsey and Glenda Maxton Ua Dorsey-Maxton Associates, a Pennsylvania partnership. 2. Defendant, Glenda Maxton, is the owner of an undivided one-half interest in said partnership. 3. Pursuant to the Partnership Agreement dated November 21, 1991, a copy of which is attached to these Preliminary Objections, at Article II, Paragraph 2. 1, states as follows: "Any action taken under this Partnership Agreement, any action relating to the operation of the partnership business,... shall require an affirmative vote of all Partners." 4. At no time has Glenda Maxton, named as both plaintiff and defendant in this matter, authorized the institution of an action at law or otherwise against herself individually to be filed by the partnership or in the name of the partnership. 5. At no time has Glenda Maxton, named as both plaintiff and defendant in this matter, ever provided any authorization whatsoever for James M. Bach, Esquire to provide any services for the partnership. On the contrary, on numerous occasions, Glenda Maxton has advised her partners, Jean O. Dorsey and Dennis G. Dorsey, that she specifically does not authorize Mr. Bach to take any action on behalf of the partnership. 6. The purported action taken by Dorsey-Maxton Associates against Glenda Maxton, individually, is null and void in that such action is taken in violation of the Partnership Agreement. 7. Any action taken or purported to be taken on behalf of the partnership known as Dorsey-Maxton Associates by James M. Bach, Esquire is null and void as any such action is taken in direct violation of the Partnership Agreement. 8. Based upon the above-stated facts, the Complaint in this matter should be dismissed. WHEREFORE, Defendant, Glenda Maxton, requests that the Complaint in this matter be dismissed. FAILURE TO CONFORM TO RULE OF LAWANSUFFICIENT SPECIFICITY 9. This action has been filed in the name of Jeannie Dorsey and Glenda Maxton t/a Dorsey-Maxton Associates, and alleges that said entity is a partnership existing under the laws of the Commonwealth of Pennsylvania. 10. Pursuant to the Pennsylvania Rules of Civil Procedure 2127(a), a partnership shall prosecute an action in the name of the then partners trading in the firm name. 11. Plaintiff has failed to comply with Rule 2127(a) by prosecuting the instant action in the name of only two of the partners in the partnership. Plaintiff has failed to include Dennis G. Dorsey, as is evidenced by the attached Partnership Agreement. 12. The Complaint should be dismissed for failure to comply with the applicable Rule of Civil Procedure. WHEREFORE, Defendant, Glenda Maxton, requests that the Complaint in this matter be dismissed. Iti OCT 19Rot DATE Respectfully submitted, '; 2j P-V'Q? ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Glenda Maxton I verify that the statements made in the foregoing Preliminary Objections to Amended Complaint for Units #96, #98 and #200 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 unswom falsification to authorities. Date GLENDA MAXTON CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Preliminary Objections to Amended Complaint for Units #96, #98 and #200, upon the following persons, by depositing same in the United States Mail, first class, postage pre-paid on the 18th day of October, 1999, from New Cumberland, Pennsylvania, addressed as follows: James M. Bach, Esquire 352 S. Sporting Hill Road Mechanicsburg, PA 17055 Gregory J. Katshir, Esquire 900 Market Street Lemoyne, PA 17043 '12L?- Y-y"g, ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant Glenda Maxton Y_ N d L1 F -] E ?ti` ? fl7 (1 O ? J JEANNIE DORSEY AND GLENDA MAXTON t/a DORSEY-MAXTON ASSOCIATES 322 W. Green Street Shiremanstown, PA 17011 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LANDLORD-TENANT vs. NEW INSIGHTS, INC. 320 Bridge Street, Rear New Cumberland, PA 17070 Defendant VS. : NO. 99-4984 CIVIL TERM GLENDA MAXTON TO THE PROTHONOTARY: PRAECIPE Please attach the following Exhibit to the Preliminary Objections to Amended Complaint for Units #96, #98 and #200 filed in the above-captioned matter on October 20, 1999. Respectfully submitted, or'T lei C DATE T ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Glenda Maxton W , .. i1 I.111 ?....1 1 F1UtTNERSIREPiLT THIS ACREEHENT, made and entered into in Harrisburg, Pennsylvania, effective as of the day of November, 1991, by and between JEAN O. DORSEY and DENNIS C. DORSEY. i -ANb- i OLENDA K. NAXTON, hereinafter collectively referred to as "Partners" arid Individually as "Partner". WHEREAS, the parties hereto have agreed to form this partnership, as hereinafter sot forth, and have agreed that it is in their best interest that this Partnership Agreement be written so that the arrangements concerning the operations of the partnership and the Partners' interest herein be reduced to writing. NOW, THEREFORE, in consideration of these promises, the mutual promises of the parties and other good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged and intending to be legally bound hereby, it is covenanted and agreed by the parties as followst Exhibit "A" 111 call .111111 I .Uc- .." I it tl 'I ARTICLE-1 Name and Place of D+Qiness 1.1 Name: The parties do hereby form a partnership entity under the name of DORSEY/NAXTON ASSOCIATES, to carry on the business of owning, leasing, managing and improving real estate and to engage in such other business enterprises as from time to time might be agreed upon by and among the Partners. 1.2 office: The office of the partnership shall be located at 322 W. Green Street, Shiremanstown, Pennsylvania 17011, or at such other place as otherwise agreed upon by the Partners. 1.3 Partnership Duties: Each of the parties hereby shall diligently employ himself in the business of the partnership and be faithful to the other Partners in all transactions relating to the partnership, and give, wherever required, a true account of all business transactions arising out of or connected with the partnership business. That amount of time which shall be devoted by each Partner to the partnership shall be mutually agreed upon by the parties hereto, acknowledging that each Partner has business interests other than his interests in this partnership. No 1 2 II I ii. I ?I I: f .I i? II I :I !i ii I :I I 1 ,i _uuue.u 1 i.lludllI.L11 I 717 238 4889 P.04i25 Partner shall, without the written consent of other parties, employ either the capital or credit of the partnership in any other than partnership business. 1.4 Competition: Each Partner may have other business interests and may engage in any other business or trade, profession or employment whatsoever, for his own account, and shall not be required to-devote his entire time to the business of the partnership. 1.5 Term: The term of the partnership shall be from the date of execution of this Agreement, and shall continue until terminated as hereinafter provided. 1.6 The AccounLIag n Xj_Qd: The fiscal year of the partnership shall be the calendar year, that is, it shall commence on January 1, and shall end December 31. 1.7 Partnership Books and Re rds: Hooks and records of the partnership shall be kept at the business office of the partnership and shall, at all time, be open to the inspection of any Partner. Every Partner shall cause to be entered upon said books, a true and just account of all his dealings, receipts and expenditures for and on behalf of said partnership. 1.8 Accountings Regular and accurate accounting shall be made of the partnership business. A true statement of condition and result of operation shall be prepared by the 1 1 1 3 11 • l?G .IGU'd F'.kp?1p partnership's accountant, as soon as possible after the end of the fiscal year, and will be made available to all Partners. Financial statements shall be prepared other than the and of the fiscal year, if decided upon by all of the Partners. 1.9 Ularl-e-a Neither Partner shall receive any salary for service rendered. to the partnership. Lach ! Partner may, from time to time, withdraw the credit balance in his income account. 1.10 ter s : No interest shall be paid on the initial contributions to the capital of the partnership or on any subsequent contributions of capital. 1.11 Authority of Partners Subject to the provisions of Article ii below, no Partner shall compromise or release debts except upon full payment thereof, engage in any unusual transactions, make any contracts for the partnership account, use the partnership's name, credit or property for other than partnership purposes, sign or endorse negotiable ! papers in the partnership name, buy property in the partnership name, call partnership property, sign options, ' deeds, mortgages and/or notes, or otherwise engage in any activity by which the interests of the partnership shall be impaired or prejudiced. 4 1. 12 Expcution of Documents: All deeds, mortgages,' notes, option leases or other conveyances must be signed by all Partners. Only one Partner need sign any business property lease on behalf of the partnership. 1.17 T151e to Partnership Real and Personal Property: Title to all property owned by the partnership, both real and personal, shall be in the name of Dorsey/Maxton Associates. l1RTICLE II Operation of Partnership Business 2.1 Vote: Each Partner shall have the right to one (1) vote. Any action taken under this Partnership Agreement, any action relating to the operation of the partnership business, any changes or amendments of any terms or conditions of this Partnership Agreement or any purchase or sale of partnership property shall require an affirmative v vote of all Partners. Once made, no Partner shall do any act contrary to a decision made in accordance with this paragraph. 2.2 Limited Authority of Partners Any Partner, on behalf of the partnership, may purchase supplies, and all 5 1 II It iI i• ij it II i 4 li i II 11 is ..• 1111. ??? II 111 v LI Ili\I I, ..L" I. other items necessary to conduct the partnership business and enter into contracts on behalf of the partnership, subject to the limitation that he cannot, without prior consent of the other Partners, do so for an amount in excess of Two Hundred and 00/100 Dollars ($200.00) 2.3 =9"-D-&y_2f_ WJ01K2b_JP: The partnership shall indemnify any of the Partners-or he was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, as a result of his being a Partner in the partnership against expenses, judgment, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the partnership, and with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawfuli except that no indemnification shall be made in respect to any claim, issue or matter as to which such person shall have been adjudged to be liable for gross neglect or willful misconduct in the performance of his duty to the partnership. Otherwise, the termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo 6 II 1 I i? CJd 4UUIy F', k1H/1S I contendere or its equivalent, shall not, of itself, create a presumption that the partner did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the partnership, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. Expenses incurred in defending a civil. or criminal action, suit or proceeding, may be paid by the partnership in advance of the final disposition of such action, suit or proceeding, upon receipt of any undertaking by or on behalf of the Partner to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the partnership as authorized in this Article. ARTICLE III 3.1 CaP_ital Contribution: The original capital of the 1 i partnership shall consist of One Hundred Forty Thousand Dollars ($140,000.00) contributed in equal parts by the Partners, reflective of the fifty (501) investment of each. 3.2 Future Capital Contributions: If at any time or times hereafter, the Partners should determine that further capital is required in the interest of the partnership and 7 '71'7 238 4603 P. 09/25 that the capital of the partnership should be increased, the additional capital shall be contributed by the Partners in their respective percentages set forth, fifty percent (Sot) each. No interest shall be paid on the initial or on any subsequent contributions to the capital of the partnership. 3.3 1Prorits and Losses: Each Partner shares partnership profits and/or losses including, but not limited 1 to, the profit and/or loss arising in the sale of partnership property shall be as follows: Gary Dorsey and Jean Dorsey 503 Glenda Maxtun so% 3.3.a. Gary Dorsey arid Jean Dorsey shall own their fifty percent (50%) of the partnership as tenants by the entireties. 3.4 Reallocation of Retiring PartnersI Intg sit: Upon the retirement or death of a Partner, the percentage interest of the retiring or deceased Partner as concerns in partnership profits or losses shall be reallocated among the remaining Partners in the same proportion that each of the remaining Partners' percentage points bears to the total percentage points of all the remaining Partners. 3.5 Draws: Withdraws, to be chargeable against the Partners drawing from the account, shall be allowable up to 8 Ii i! I? 11 1 1 i1 1I :1 it .•.. .......„1i . -1 iW.111LLl11 111 CJtl 4UU:l F.IU.,el. tt:e percentage of capital contribution of the individual Partner. Under no circumstance shall a Partner be entitled to withdraw of other than that withdraw specified herein. 3.6 Loans In Lieu of Conttjbutjon to Capital: Notwithstanding the provisions of Article III, Paragraph 3.2 above, to the contrary, and any Partner, with the consent of the others, may loan funds to the partnership in lieu of making capital contributions thereto. In this event, the following will apply: The Partners shall, by mutual consent, decide upon the amount of said loan, interest to be paid, if any, and the terms of repayment. once decided, the'terms and conditions of said loan shall be incorporated into a promissory Note, personally executed by all Partners and delivered to the lending Partner. 7.7 Remaining Credit: Any credit remaining on the individual Income accounts at the end of each calendar year shall not be transferred to the individual capital accounts of the respective Partners, but shall remain in the individual income accounts of the Partners. 3.8 Administratlon of the Partnerahin: Dank Accounts: The partnership shall maintain a bank account or bank accounts in such bank or banks as may be determined by the partners, checks shall be drawn on the partnership bank account and deposits and withdraws in any !i 9 I? 1 11 i i I i ..... _ ? i ? c?C ubud r•. i:.?? f II Partnership savings account for partnership purposes upon the signature of Glenda Maxton and Jean Dorsey. I 7.9 cacital. Accounts: A separate capital account , shall be maintained for each Partner. Neither Partner shall withdraw any part of his capital account. If the capital I? p account of a Partner becomes impaired, his share of I i+ subsequent partnership profits. shall be first credited to ! his capital account until that account has been restored, before such profits are credited to his income account. i 3.10 Income Accounts: A separate income account shall be maintained for each Partner. The net profits and losses of the partnership shall be divided and borne equally between the Partners. Partnership profits and losses shall be charged or credited to the separate income account of each Partner. If a Partner has no credit balance in his income account, losses shall be charged to his capital account. 7.11 FaSSiVe Losses/Passive Gaines Passive losses and passive gains shall be charged equally to the Partners' capital accounts. 7.12 Cross Rental Account: A portion of the gross rental property income equal to the monthly mortgage payment, taxes, water, sewer, electric, trash collection, maintenance and any other period expenses will be deposited 10 "" '' -• a..'..• .u xlli OJl ulll a I ILM111LUIT Ill did 4UUd h'. 1L 1' I ?I II in an account at a bank agreed to by the Partners, under the .' name of Dorsey/Maxton Associates and checks for said expenses will be signed by Glenda Maxton and Jean Dorsey. 3.13 Manacement: The management and conduct of the i. business shall be vested in all Partners equally. All decisions effecting the policy and management of the partnership, including the drawing accounts and compensation ' of Partnership, and the control, employment, compensation and discharge of employees shall be made on behalf of the .i partnership by the Partners. Except as provided in Ii Paragraph 3.8, no Partner/ shall, on behalf of the partnership, borrow or lend money or make delivery, accept or endorse any commercial paper, or execute any mortgage 1 security agreement, bond or lease or purchase or contract to II !1 purchase any property for the partnership, or sell. or Ij contract to sell any property of the partnership, without the consent of the Partners. 3.14 Termination of Partnership: The partnership may be dissolved at any time by agreement of the Partners, in which event, the Partners shall proceed with reasonable promptness to sell the real and personal property owned by the partnership and to liquidate its business. The partnership shall be dissolved also by the sale of all real property owned by it. Upon dissolution, the assets of the 11 i it .......,._.. ,., _?? ,.,,. ... _. I? partnership business shall be used and distributed in the I. following order; (a) to pay or provide for the payment of i. all partnership liabilities and liquidating expenses and ii obligations; (b) to equalize the Partners' income accounts; j; (c) to discharge the balance of the Partners' income i? accounts; (d) to equalize the Partners' capital accounts; and (a) to discharge the balance or the Partners' capital I; ?I accounts. 7.15 Retirement/Withdraw: (a) Notice, Purchase Option. No Partner may retire or withdraw from the partnership or sell an interest in his share of the partnership for a period of five (5) years from the date of this Agreement unless all the Partners agree in writing. After five (5) years from the date of this Agreement, any Partner shall have the right to retire or withdraw from the partnership at the end of any fiscal year. Written notice of intention to retire or withdraw shall be served upon the other Partners at the office of the partnership at least three (7) months before the end of the fiscal year. The retirement or withdrawal of any Partner shall have no effect upon the continuance of the partnership business. The remaining Partners shall have the right of first refusal either to purchase the retiring or withdrawing Partner's interest'in the partnership) approve a third party buyer who 12 .i II 11 it I: 1. 11 "U 4? D 1.14. L: shall be identified by the retiring or withdrawing Partner in writing including the name of the parson to whom he intends to sell, transfer or dispose of his interest, and the price and terms of the sale; or if no third party buyer is suitable and approved by the remaining Partners to terminate and liquidate the partnership business. If the remaining Partners elect to purchase the interest of the retiring Partner, they shall serve notice in writing of such election upon the retiring Partner at the office of the partnership within two (2) months after receipt of his notice of intention to retire. In the event the remaining Partners elect to purchase the Partners' interest, the value of the withdrawing Partner's interest shall be ascertained in accordance with the provisions of Paragraph 7.1. 7.16 ARpraisal of certain Partnership Properties: All partnership assets shall be valued at book value as determined by the accountant regularly employed by the partnership, except that the appraised value of machinery, equipment and real property shall be substituted for book value. The difference between the total appraised value of machinery and real property and its total depreciated book value shall increase or decrease the Partner's capital accounts in the proportions of their interests in profits or losses of the partnership specified in Article III. The 13 i appraised value of partnership real estate shall be determined as of the date of retirement, withdraw or death of the Partner, and shall be made by an appraisers elected by agreement between the continuing Partners and the withdrawing Partner or the personal representative of the deceased Partner. No value shall be attributod to partnership good will in tlW appraisal made under this sub- :r i section. 3.17 l.igy_idation: If the remaining Partners do not elect to purchase the interest of the retiring or withdrawing Partner, or no r.uitable buyer is found, the Partners shall proceed with reasonable promptness to Bell the real and personal property owned by the partnership and to liquidate its business. The procedure as to liquidation and distribution of the assets of the partnership business shall be the same as stated in Section 9.14 with reference to voluntary termination. 9.18 ale of. Partnership Intarest: No Partner may sell i or transfer all or any part of his interest in the partnership for a period' of five (5) years from the date of this Agreement, unless all parties agree in writing. If, in the event a Partner wishes to withdraw or retire, the remaining Partners shall have the right of first refusal. Thereafter, no Partner shall sell, transfer or otherwise 19 w 111. ?J I: JJ lG'JJ II • 11 I? 1 Q.A I II I Pit HI l u Ultkl 111.U'h /1'i Gsy Jtl41'+ F'. 1byG:' 1 I j: dispose of all or any part of his partnership interest R without first obtaining written approval of the remaining I Partners, including the name of the person to whom he intends to roll, transfer, or dispose of his interest, and it the prices and terms of any proposed sale. If no suitable ?i buyer is found, then the partnership shall proceed under Section 3.19. 3.19 Death: (a) Purchase Option. Upon the death of either Partner, the surviving Partner shall have the right to either purchase the interest of the decedent in the partnership or to terminate and liquidate the partnership business. If the surviving Partner eleots to purchase the decedent's interest, he shall serve notice in writing of I such election, within three (3) months after the death of the decedent, upon the decedent's executor or administrator, or, if at the time of such election, no legal representative has been appointed, upon any one of the decedent's known legal hairs at such heir's last known address. (b) in the event that the surviving Partners elect to purchase the deceased Partner's interest, the estate of the deceased Partner, or thereafter the beneficiaries thereof, shall submit to the surviving Partners an offer to sell the deceased Partner's partnership interest, upon such terms and conditions as are acceptable to the estate or the i is ' II ii ?i. u??.n.ul y LIILI'.I IIIVII ?1 LJV .IULII I.?1•L ;i beneficiaries. If the surviving Partners elect not to fi ?i purchase the tendered partnership interest upon the terms ?i and conditions submitted, or if negotiated terms and i conditions of sale are not agreed to within sixty (60) days fl from the tender to the surviving Partners, then the deceased Partner's interest in all the partnership's assets shall be I valued by a mutually acceptable appraiser. In the absence of agreement, the deceased Partner's estate and the surviving Partners shall each select an appraiser, and the two appraisers so selected shall appoint a third appraiser. Ii The appraisers so selected shall agree upon the fair market value of all partnership. assets. Thereafter, the value of all partnership liabilities applicable to the partnership assets shall be deducted from the appraised value of the assets to reach a "net value" for the entire partnership. The decision of the appraiser or appraisers, as the case may be, as to the value of the assets of the partnership shall be conclusive and binding upon all interested parties. The expense of any appraisal conducted hereunder shall be borne by the partnership. (c) For purposes of determining the applicable partnership liabilities, the latest financial statement for the partnership, adjusted by transactions occurring since I 1 t I 16 II I I' 1 i; i' it a ii 9 i• ?i I? II .. .. .... ?I-L... II'- VI I the date of such partnership financial statement, shall be binding upon all interested parties. (d) If a partnership interest is purchased pursuant to the provisions of this Paragraph 3.19, the surviving Partners or Partner acquiring the partnership Interest shall, at the election of the surviving Partners, make payment for the partnership interest either in cash within thirty (70) days of a determination of the value of the partnership interest, or, in four (4) equal annual installments, the first such installment to be paid within thirty (70) days from a final determination of the value of the partnership and the remaining installments to be paid each succeeding year on the anniversary date of payment of the first installment. If the four year pay-out method is elected, the surviving Partner shall pay interest at the rate of the national prime rate of ten percent (lot) on the total balance, minus two percent (2t) or eight percent (8t) on the unpaid principal balance remaining during the applicable year, said Interest to commence with payment of the first installment. 7.20 "Ul dation: If the surviving Partner does not elect to purchase the decedentOn ii_ partnership, he shall proceed with reasonable promptness to sell the real and personal property owned by the partnership 1 t 17 .1 11.1'W-a1 11, c.U .IUUJ I.l J. c. ?I I? and to liquidate its business. The surviving Partner and ?I the estate of the deceased-Partner shall share equally in the profits and losses of the business during the period of liquidation, except that the decedent's estate shall not be °I i; liable for losses in excess of the decedent's interest in II the partnership at the time of his death. No compensation I shall be paid to the surviving Partner for his services in liquidation. Except as otherwise stated in this Agreement, the procedure for liquidation and distribution of the assets i i of the partnership shall be the same as stated in Section 3.14 with reference to voluntary termination. I The Partners, for themselves, their heirs, personal I representatives, successors and assigns, hereby agree that the method of valuing the partnership assets herein provided shall be the sole, exclusive and binding method upon all parties and partnership interest, and hereby waive the right to have such asset valuation determined in a court or any other judicial forum. 3.21 palance of individual Income Accounts, The r balance in the individual income accounts of a withdrawing or deceased Partner is not to be treated as an obligation of the partnership to the Partner or an obligation of the Partner to the partnership. Any amount owed, whether to Partner or to partnership, as reflected in the individual le Ill Al c.ll 1?)1 I.cllicj I i• I• l: I, it II II i! II ! valued and treated as though the property was sold and the cash proceeds were distributed. The difference between the income amount of a withdrawing or deceased Partner, shall be paid within thirty (70) days after the draw or death of Such Partner. 7.22 Exoeditious De al 1..?r+on of Valu ?+ The Partners and thoir assigns and successors in interest agree that they will procoad as expeditiously as possible in determining the value of the-interest of the withdrawing or deceased Partner in accordance with the provision of the above section in this Agreement. 7.27 Income Tax Incidence of Fa enter: It is the intention of the parties that all amounts payable under this Article to a withdrawing Partner or to the successor in interest of a deceased Partner shall constitute payment for the interest of the Partner and partnership property. Payment shall be considered a distribution of partnership property under 779(b) of the Internal Revenue code to the extent allowable herein. 7.24 Gains or losses: Any gain or loss on disposition of partnership property that is in the process of liquidation shall be credited or charged to the Partners in the proportion of their interest in the partnership. Any property distributed in kind and/or liquidation shall be 1 I I 19 A IIiI? II ?I i 1! i! .1i ". -011 I .p L." value of property distributed in kind and its book value shall be treated as a' gain or loss on the sale of the property and shall be credited or charged to the Partners in the proportions of their interest in profits and losses as specified above. 1.25 Valance owed By a Partneri Should any Partner have a debt balance in his capital account, whether by reason of losses in liquidating partnership assets or otherwise, the debt balance shall reprosont an obligation from him to the other Partners, to be paid in cash within thirty (90) days after a written demand by the other Partners. 0.26 Arbitration: If any controversy or claim arising out of this Partnership Agreement cannot be settled by the Partners in accordance with all the torms and provisions of this Agreement, the controversy of work claim shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. Then, in effect, and judgment on the award may be entered in any court having jurisdiction. 7.27 nsslanment: This assignment and the rights, duties and obligations provided hereunder are personal to the parties hereto and no party may assign or delegate any of the rights, duties and obligations hereunder. 20 ! 1 ! 1 1.28 Survlval: Notwithstanding termination of the is partnership hereunder, this Agreement shall survive for the purpose of enforcing the duties and obligations of the respective parties subsequent to said termination. !i 7.29 Notices: Any and all notices or other i? communications provided for herein shall be given in writing by registered or certified mail, return receipt requested, ' which shall be addressed to a Partner's last and usual place i of residence. 3.70 Amendments: Amendments to the within Partnership Agreement shall only be made in writing by agreement of all the parties hereto. 1.]1 waiver of ft each: The waiver of any Partner, of a breach of any of the terms or provisions of this Agreement at any time or times shall not be deemed or construed to constitute a waiver of any subsequent breach or breaches by the Partner of the same or any of the other terms or provisions of this Agreement at any subsequent time or times. 3.32 Inva i<d proyiaion: The invalidity or unenforceability of any particular provision of this Agreement shall not effect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 21 II ?I l i? I. L, ,, '_UIIIIIq'JfO4H K l.HtkIIItUFF 717 238 4809 P.23/25 3.33 Binding Effect: Thie Agreement shall be binding upon and shall enure to the benefit of the Partners and their separate respective heirs, personal representatives and assigns. 3.34 Further Acts and Documante: The parties hereto covenant and agree that they will execute any further instruments and that they will perform any acts which are or may become necessary to effectuate and to carry on the partnership created by this Agreement. 3.35 Entire Agreement: This Agreement constitutes the entire understanding and agreement between the parties with regard to the subject matter hereof and supersedes any and all other agreements with regard thereto. This Agreement may be amended at any time prior to the death of a Partner by a written agreement executed by the parties hereto. Modification or amendment of this Agreement shall be invalid unless the same be in writing and signed by the parties hereto. 3.36 Governing Law: This Agreement shall be construed according to the laws of the Commonwealth of Pennsylvania. I 22 I.•:: I" ?'-• V.lanin.n 11 lli M LIIUdII?_UI I' ._ -- ?1? GOFJ dl ;?Ja N.Gdi ?;• i 1! IN WITNESS WIIEREOF, the parties hereby have hereunto set their hands and seals the day and year first above i written. WITNESS: 23 i i 001\c-. GLENVA K. MAXTON I , ti I I .1 II i; I? Ij !1 i. --11 r.n n u l a I.I IU•I 111_111 1 11 iAj .1 'i COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss; DAUPHIN , On this, the -2 day of November, 1991, before me, a Notary Public, personally appeared JEAN 0. DORSEY and DENNIS G. DORSEY, known to we (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. COUNTY OF DAUPHIN ss; On this, the aL day of November, 1991, before me, a Notary Public, personally appeared GLENDA K. MAXTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. 1 TOTAL P.25 COMMONWEALTH OF PENNSYLVANIA CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Praecipe with exhibit, upon the following persons, by depositing same in the United States Mail, first class, postage pre- paid on the 21 st day of October, 1999, from New Cumberland, Pennsylvania, addressed as follows: James M. Bach, Esquire 352 S. Sporting Hill Road Mechanicsburg, PA 17055 Gregory J. Katshir, Esquire 900 Market Street Lemoyne, PA 17043 "?2L- Q- ROBERT PETER KLINE, SQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Glenda Maxton X C r- LLI C) 11 L?.:: CSI :d it J G ' U ON Cn J JEANNIE DORSEY, DENNIS G. DORSEY AND GLENDA MAXTON t/a DORSEY-MAXTON ASSOCIATES 322 W. GREEN STREET SHIREMANSTOWN, PA 17011 Plaintiff(s), Vs. NEW INSIGHTS, INC. 320 BRIDGE STREET, REAR NEW CUMBERLAND, PA 17070 Defendant (s) Vs. GLENDA MAXTON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LANDLORD - TENANT NO. 99-4984 NOTICE CIVIL TERM You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you and a judgment may be entered against you by the Court, without further notice, for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 JEANNIE DORSEY, DENNIS G. DORSEY AND GLENDA MAXTON T/A DORSEY-MAXTON ASSOCIATES 322 W. GREEN STREET SHIREMANSTOWN, PA 17011 Plaintiff(s), Vs. NEW INSIGHTS, INC. 320 BRIDGE STREET, REAR NEW CUMBERLAND, PA 17070 Defendant(s) t t t t t t s t s s t t t t s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LANDLORD - TENANT NO. 99-4984 CIVIL TERM AMENDED COMPLAINT FOR UNITS # 96, #98 AND #200 AND NOW COMES the Plaintiff by its ATTORNEY JAMES M. BACK and files the within Complaint: 1. Dorsey-Maxton Associates is a partnership existing under the laws of the Commonwealth of Pennsylvania and having as its principal address 322 West Green Street, Shiremanstown, PA 17011. 2. New Insights Inc., is a Pennsylvania Corporation having has its principal place of business 320 R Bridge Street, New Cumberland, PA 17070. The only shareholder in this corporation is John Maxton, III and he resides at 413 16cn Street, New Cumberland, PA 17070. 3. The Plaintiff is a Landlord and the Defendant is a Tenant in this case. 4. The Plaintiff leased premises to the Defendant beginning on or about November of 1991. The rents have been paid by the Defendant for the leased property up until April 1995. After April 1995 the Defendant has not paid all rent due and owing. 5. The total amount of rent due and owing through August of 1999 is $35,640.00. (See Exhibit 'A') 6. The premises of this complaint are units #96,98 and 200 at 320 Bridge Street, Rear, New Cumberland, PA 17070. WHEREFORE, Plaintiff respectfully prays for a judgement in the amount of $35,640.00 through August of 1999 and additional amounts thereafter, together with costs, interest, and possession. RESPECTFULLY SUMBITTED: C; c DATE: / AC Z i - J M. BACH, ATTORNEY AT LAW 352 South Sporting Hill Road Mechanicsburg, PA 17055 (717) 737-2033 I.D. # 18727 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities. /0-;?2- gel DATE E D SEY-MAXTON ASSOCIATES JEANNIE DORSEY wS? N .a .r ?lll ? 1j 1 cn U Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 JEANNIE DORSEY, DENNIS G. , DORSEY AND GLENDA MAXTON Ua DORSEY-MAXTON ASSOCIATES 322 W. GREEN STREET SHIREMANSTOWN, PA 17011 Plaintiff (s), : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, LANDLORD-TENANT Vs. : NO. 99-4984 CIVIL TERM NEW INSIGHTS, INC., 320 BRIDGR STREET, REAR NEW CUMBERLAND, PA 17070 Defendant (s) Vs. GLENDA MAXTON WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of James M. Bach, Esquire as attorney for Jeannie and Dennis G. Dorsey in the above-captioned matter. Date: /2--2/-00 4?t f Ja s M. Bach, Esquire I o. 18727 352 South Sporting Hill Road Mechanicsburg, PA 17055 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Michael S. Travis, Esquire as attorney for Jeannie and Dennis G. Dorsey in the above-captioned matter. Date: 4-Z7,010 /Michael S. Travis, Esquire ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 tT _. r' -= CI U Y, t JEANNIE DORSEY, DENNIS G. DORSEY AND GLENDA MAXTON t/a DORSEY-MAXTON ASSOCIATES 322 W. GREEN STREET SHIREMANSTOWN, PA 17011 Plaintiff(s), Vs. NEW INSIGHTS, INC. 320 BRIDGE STREET, REAR NEW CUMBERLAND, PA 17070 Defendant(s) Vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :LANDLORD-TENANT NO. 99-4984 CIVIL TERM GLENDA MAXTON TO THE PROTHONOTARY: PRAECIPE Please mark the above-captioned lawsuit as settled and discontinued with prejudice. Date: 3 a?,aa ichael S. Travis, Esquire Attorney for Plaintiffs 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 GENERAL RELEASE AND SETTLEMENT AGREEMENT WHEREAS certain disputes have arisen regarding the operation and dissolution of Dorsey/Maxton Associates, a partnership; WHEREAS, the partners thereto are/were Dennis Dorsey, Jean Dorsey, and Glenda Maxton; WHEREAS, John Maxton and his company, New Insights, Inc., have been involved in this litigation alleging claims surrounding a company called 320 Management and for the payment of certain rents; WHEREAS, the parties hereto wish to resolve their differences; The partnership is deemed dissolved and discontinued. We, Glenda Maxton, John Maxton, and New Insights, Inc., hereby release all claims for any monies, rents, specific performance, injunctive relief in law or equity for any claims whatsoever surrounding the partnership Dorsey/Maxton Associates, New Insights, Inc., the alleged partnership "320 Management" and Dennis or Jean Dorsey personally. In exchange, Dennis and Jean Dorsey, hereby release all claims for any monies, rents specific performance, injunctive relief in law or equity for any claims whatsoever surrounding the partnership Dorsey/Maxton Associates, New Insights, Inc., the alleged partnership "320 Management, " and John Maxton or Glenda Maxton personally. The parties hereto, agree to sign the necessary documents to withdraw, settle and discontinue any suits of any nature by praecipe or other appropriate document as the Court may require, under any caption. The parties, their successors and assigns, forever release each other from all claims which they may have with respect to the partnership, Dorsey/Maxton Associates. -Ylk Q k.J Glertda,K.. Maxton, as individual and partner Johnxn, as individual and on behalf of New si ts.Inc. Craig A. iehl, Esquire Greg Katshr squire S. Travis, Esquire Michael S. Travis, Esquire Dennis G. Dorsev, asindfvidual and r arr' l? ?.( ?" 1 I ,,? 1 ' ? • 1 ._ .? ?.)