HomeMy WebLinkAbout15-0011 Supreme Cour6 o-Qennsylvania
Court:offCommo' aTleas For Prothonotary Use Only:
C vil'Cov r Sheet r
a t, Docket No:
�' County _
The information collected on this form is, used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Com encement of Action:
S 16Complaint 0 Writ of Summons Petition
0 Transfer from Another Jurisdiction Q Declaration of Taking
E
C Lead Plaintiffs Name: Lead Defendant's Name:
F s � s� m�
T rDollar Amount Requested: Elwithin arbitration limits
I Are money damages requested? 0 Yes ONo (check one) Qoutside arbitration limits
O
N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? E3 Yes 0 No
A Name of Plaintiff/Appellant's Attorney: K_iN'T1 F 4* IAZ-((w Lam- U
0 Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
El Intentional Buyer Plaintiff Administrative Agencies
Malicious Prosecution Debt Collection:Credit Card 0 Board of Assessment
Motor Vehicle Debt Collection:Other 0 Board of Elections
Nuisance 0 Dept.of Transportation
S II Premises Liability 0 Statutory Appeal:Other
Q Product Liability (does not include
mass tort) E] Employment Dispute:
E Discrimination
0 Slander/Libel/Defamation
C 0 Other: E] Employment Dispute:Other � Zoning Board
I❑ Other:
,I,
I 0 Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
M Toxic Waste
Other: M Ejectment E] Common Law/Statutory Arbitration
B 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
Landlord/Tenant Dispute Q Non-Domestic Relations
Q Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
0 Dental Q Partition 0 Replevin
0 Legal 0 Quiet Title Other:
0 Medical Q Other: ,
Q Other Professional:
Updated 1/1/2011
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Katie J. Maxwell, EsquireI.D. No. 206018
MARTSON LAW OFFICES
10 East High Street
r-
Carlisle, PA 17013 �'ErSp1'L
(717) 243-3341
Attorneys for Plaintiff Fred W. Smith
FRED W. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 15 - 00011
KENNETH G. SMITH,
Defendant
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 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
�-/1 '7 6
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F:TTLESTIients\15133 Sin ith,Fred\]5133.1conrp.wpd
Katie J. Maxwell, Esquire
I.D. No. 206018
MARTSON LAW OFFICES
10 East High Street
Carlisle, .PA 17013
(717) 243-3341
Attorneys for Plaintiff Fred W. Smith
FRED W. SMITH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, +PENNSYLVANIA
V. :NO. 15 -
KENNETH G. SMITH,
Defendant
COMPLAINT
AND NOW,comes the Plaintiff,Fred W. Smith, by and through his attorneys MARTSON
LAW OFFICES, and in support of his Complaint avers as follows:
1. The Plaintiff is Fred W. Smith an adult individual residing at 38 Shelwood.Drive,
Rochester,New York 14618.
2. Defendant Kenneth G. Smith is an adult individual residing at 487 East Elmwood
Avenue, Mechanicsburg, Cumberland County, .Pennsylvania 17055.
3. From 1984 until January 16, 2014, the parties were joint owners of a farm (the
"Farm") located in Jackson Township, Perry County, Pennsylvania. Attached as Exhibit "A" is a
true and accurate party of the parties' Deed to the property.
4. The parties jointly operated the Farm from 1984 through the time of the sale in
January 2014.
5. The parties operated the Farm as a partnership,and each claimed 50%of the farm's
profit or loss on their federal tax returns.
6. The parties had a bank account for the Farm and its associated expenses. The bank
account was handled exclusively by Defendant, but for the benefit of both parties.
7. In anticipation of selling the Farm, the parties agreed that the Farm account would
be split evenly at the time of the sale.
8. Beginning the day after the sale of the Farm, on January 17, 2014, Defendant
immediately began withdrawing large amounts from the Farm account without informing the
Plaintiff.
9. On or about August 1, 2014,. Plaintiff contacted Defendant to inquire about the
balance in the Farm account and as to when he could expect a distribution.
10. Defendant did not contact Plaintiff regarding the Farm account balance until
September 6, 2014, when Defendant sent Plaintiff a letter indicating that he had withdrawn
approximately $35,365 from the Farm account and attempted to justify his position. Attached as
Exhibit "B" is a true and correct copy of Defendant's letter to Plaintiff on September 6, 2014.
11. Defendant attempts to characterize his conversion of the farm account as a
repayment
of a loan he had given to the farm; however, Defendant had never previously notified Plaintiff fo
the loan or the intent to repay himself.
12. Section 8835 of the Uniform Partnership Act provides that any partner shall have the
right of a formal accounting as to the partnership affairs. 15 Pa.C.S. §8335.
13. Section 8313 of the Uniform Partnership Act provides that"[a]ll property brought
into the partnership stock or subsequently acquired, by purchase or otherwise, on account of the
partnership is partnership property." 1.5 Pa.C.S. §8313.
14. The Defendant has utilized partnership funds for his own benefit and has totally
excluded Plaintiff from having any access to those funds.
15. By virtue of his conduct,the Defendant has,to the detriment and irreparable injury
of the Plaintiff, willfully breached and otherwise performed acts in violation of statutory and
common law.
16. By virtue of Plaintiff's exclusion, by Defendant, from the partnership account,
Plaintiff is entitled to an accounting by Defendant of the partnership monies under 15 Pa.C.S. §8335
17. Defendant is liable to the plaintiff for the Plaintiff's fair share of the partnership
monies.
WHEREFORE,Plaintiff demands an accounting of the partnership accounts,and assets and
a judgment in his favor and against the Defendant for Plaintiff's proportional monetary share of the
partnership including interest, costs of suit, and such other relief as may be deemed appropriate by
the his Honorable Court.
MARTSON LAW OFFICES
By:
4oy
KatijJ. a ell, Esquire
I.D. 8
10 East High Street
Carlisle, PA 17013
Attorneys for Plaintiffs
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my counsel
in the preparation of the lawsuit. The language of the document is that of counsel and not my own.
I have read the Complaint and to the extent that the document is based upon information which I
have given to my counsel,it is true and correct to the best of my knowledge,information and belief.
To the extent that the content of the document is that of counsel, I have relied upon counsel in
making this verification.
This statement and verification are made subject to the penalties of 18 Pa.C.S.Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
6
Fred Smith
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A) at.1; 0—o.*y Deed.Sha,Fmm A, of 197"-A"-91i for I`ho+^Crrm2^S
�.sr• .iu;r I..t Indo.w.
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1►1f. ;t 10 07
31ADF: THE 15th day of July in the year
o� our Lord one th.ottsund nine h7mdred eighty-four 19 84)
I;E7-w,P,'EN MARIE L. SMZTII, widow, of South Middleton Township,
Cumberland. County, Pennsylvania, hereinafter called
Grantor ,
and FRED W. SMITH of 3$ Shelwood. Avenue, Rochester, .New York,
and KENNETH G. SMITH, of 33 Oakwood Avenue, Mechanicsburg,
Pennsylvania, hereinafter called
Grantees
13117.'N7ESSETH, that in consideration of One and no/100-------------------------
-------_--------------------------($1. 00)---------------------DoUarA
in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant
and convey to the said grantee s, their he3.rs and assigns as tenants in common
ALL that certain tract of land with the improvements thereon
erected situate in Jackson Township, Perry County, Pennsylvania,
bounded and- described as follows , to wit
ON the north by the State Higbway leading, from Blain to New
Germantown; on the East by lands now or formerly of Ralph Wilt ;
on the South by lands now or .formerly of David Book; and on the
West; by the public road leading from the said. State Highway to the
Three Springs Church, containing 68 acres , more or less, and having
n,
EXHIBIT "
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thereon erected a WO Story brick dwelling house, barn and othe:r
Outbuildin's .
BEING the same Property wbich john F. Reeder and Ruth LReeder,,
his wife, granted and conveyed to Coorge W. Smith and Marie L. Smlth�o
hiS wife, by deed dated April 21st, 1945 and recorded. in the Offive of
Ke Recorder of Deeds for Perry County in Deed Book. 131, Page
7he Wid George W. Smith died On Pobr-uary Ti le
( h e .por. t-
beeaMe vested in fee simpla in Marie L. Smith, Wator herein. .
This ronveytnee is a non-taxable Tpansfor from mother to sons
under Regulation No . 111.
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