Loading...
HomeMy WebLinkAbout95-01573 j ~ ~ .tJ 7 ~ ~ ...c \f) ~ ~ J rY) r- l() - ... . DON PAUL SHEARER and K. JESSE REITENBACH ASSOCIATES LTD. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95. CIVIL PAMELA REITENBACH, INDIVIDUALLY AND : AS ADMINISTRATRIX OF THE ESTATE OF K. JESSE REITEN BACH CIVIL ACTION. BREACH OF CONTRACT Defendant COMPLAINT 1. Plaintiffs are Don Paul Shearer. an adult Individual who resides B( 422 North Front Street, Wormleysburg, Pennsylvania 17043, and K. Jesse Reitenbach AssociB(es Ltd.. a PennsylvBnla business corporation. whose principal office is located a( 416-A North Front Street, Wormleysburg. Pennsylvania 17043. 2. Defendant. Pamela Reitenbach. is an adull individual who resides at 5059 Irene Drive, Harrisburg. PA 17112. 3. Defendant. Pamela Reitenbach, Is the Administra(r1x of the Estate of K. Jesse Rei(enbach. who, on July 1. 1994. agreed to sell 51.100 shares of stock representing the full and (otal ou(standing shares of common capital stock of K, Jesse Reltenbach Associates Ltd. to Don Paul Shearer and who again on January 17. 1995. due to actions previously taken by her to rescind the original stock agreement, entered In(o an amended stock agreement for the same 51.100 shares of outstanding stock of said corporetion. Copies of both these agreements are allached hereto and Incorprated herein as Exhibits "A" and "B" respectively. 4, Since execution of the January 17. 1995 stock agreement. after and despite numerous demands made upon the Defendant and her allomeys, James G, Morgan. Jr, and Louis J. Adler. by Plaintiffs. Defendant has failed and refused to perform under the terms of the stock agreement and has further. with Intent and full knowledge of her actions, caused mall addressed to the corporation including bills. past due bills. and checks for professional services due to the corporation to be diverted and sen( to her ....... I . . personal resldenca and then refused 10 tum over said mall 10 Ihe corporation, failed 10 hBve pasl Income tax retums flied and has therefore placed the corporation In jeopardy thereby adversely affected lIs ability to do business and Its financial position and credit rating. Copies of pertlnenl letters to Defendant and Defendant's attomeys are attached hereto and Incorporated herein as Exhibits "C". "D". "E", and "F" dated February 13. 1995. February 21.1995. February 26.1995 and March 8. 1995. 5. Defendant therefore has breached and Is In default of Ihe terms of both the origlnBI stock agreement and the amended slock agreement In thaI: a. Defendant failed to fully disclose the corporation's liability InVOlving appraisal reports compleled by Ihe corporation and Its representatives prior to July 1, 1994, Ihereby placing Defendant In default of Paragraph 5 (d) of Ihe original stock agreement. b. Defendanl failed to have Income tax retums for the corporation prepared and flied by July 1. 1994 or by January 17, 1995 and the signing of the amended agreement causing recent final demands by the Commonwealth of Pennsylvania for these retums therefore placing Defendanl In default of Paragraph 5 (g) of the origlnBI stock agreement. c. Defendanl has failed to tum over all financial records of Ihe corporation Including bBnk records. checking accounl records and past Income tax retums even after numerous demands upon Defendant and her attomeys to do so, 6. The corporation has been forced to prepare new appraisal reports relative to two eminent domain takings for a past client of the corporation. Helen M, Wintermyer. of 623 Old York Road. Etters. PA 17319. due to gross errors and omissions In the original appraisal reports and the failure of these appraisals to be completed In compllanca with the Eminent Domain Code of the Commonwealth of Pennsylvania thereby costing the corporation the exact sum of Three Thousand Two Hundred ($3.200.00) to have these appraisals redone. Defendant was aware of and partlclpaled In the processing of the original appraisal reports relative to this matter but failed to disclose such potential liability and the need for possible subsequent expert witness testimony to Plaintiff Don Paul Shearer even after Information of such knowledge was asked directly of Defendant by Plalnllff Don Paul Shearer. Further, based on the rule of law. maxim qui sentit commodum senfire debet et onus. Plaintiffs aver that Defendant Is liable to save hBrmless the corporation from the burden of defending this past action of the corporation from which benefits will be derived by Defendant for ten years under the stock agreement 7, Defendanl Intentionally and willfully withheld mail received by her after diversion of said .. . .. , mall addressed 10 the corporation to her personal residence Including checks for paymt;;.ts by clients for appralsBI services rendered, oulstBndlng bills and past due bills and other professional publications that Bre needed on a day to day basis by the corporation In conducting lis real estate appraisal practice thereby adversely affecting the ability 10 conduct Its business, Its financial poslUon, and Its credit rating. 8. Defendant has acted wllh malice, vindictiveness amI a wholly wanton disregard of the rights of the PlalnUffs since and during the execution of the stock agreement on July 1, 1994 and even after the execution of the amended stock agreement on January 17. 1995 which has caused the Plaintiffs to suffer the loss of $3,200 plus much lost time and the Interruption of Its business due 10 the actions of the Defendanl since July 1, 1994 and has had Its credit rating and financial position adversely affected. WHEREFORE, Plaintiffs request this Court 10: 1. Enter judgment In favor of Plaintiffs In Ihe amount of $13,200.00 representing Ihe actual oul-of- pocket damages suffered and $10.000.00 In punitive damages plus Interest and costs of suit plus such other amounts as Bra determined to be due al trial. 2. Order Defendant to turn over all financial records and filed tax returns for the corporation to Defendant Don Paul Shearer Immediately and BII mall and other data and records pertaining to the corporation that are or have been in the possession of Defendant. 3. Order Defendant to redirect all persons and entities that Defendant has contacted relative to diversion of mall of the corporation Ihat all mall of the corportatlon be delivered to P.O. Box 717. Camp Hili. PA 17011-0717. as requested of Defendant and her attorney on several occasions. 4. Order Defendant to advise PIBlntlffs of any and all other past appraisal reports that Bre subject 10 potential expert witness testimony by a representative of the corporation or other known potentiBlllablllty. Respectfully SubmlUed. Date; 3/'2.1)'15' coY by DON PAUL SHEARER. Individually, Pro se bY_~ DON PAUL SHEARER. President, Pro se K. Jesse Reltenbach Associates Ltd. iusr2/wp/tGIireit~Etoc~ .' any person, firm, corporation or association, or by any public body, agency or authority. (e) That the financial statements of the Corporation, appearing as Exhibit "B", now constitute a complete and true statp.ment as of June 30, 1994, of the financial condition of the Corporation, and that they conform to the books and recordR oj!: thp. C0rpor3tioll as .::1: said date, and have been prepared in accordance with generally accepted accounting principles, and are consistent with prior statements. (f) That between the time of entering this Agreement and the Transfer Date, there will not be: (i) Any changes in the financial condition, assets, liabilities or business of the Corporation ot.her than in the ordinary course of the Corporation's business. (ii) Any damages or loss materially and adversely affecting the properties or business of the Corporation. liii) Any change in the capital structure of the Corporation, or any declaration, setting aside or payment of any dividend or other distribution to Seller, or any redemption of the stock of the Corporation. (g) That there are no unsettled claims anticipated or assessed against the Corporation on account of any income or other tax up to and including December 31, 1993, and that all returns or rep~rts of whatever nature currently due are filed or will be filed at or before the Transfer Date. - 4 - I I , I , I . . I lusr2/w~/t~lJreit:stock . . (h) That there are no long term employment agreements between the corporation and any employee. All agreements are oral and may be terminated by the corporation at will, subject to reasonable notice, and other applicable laws and regulations. 6. TRANSFER DATE. The Transfer Date shall be July 1, 1994. Or. t.he Transl:l:!t' Date, Seller will transfer Clll stC\::k of the corporation to Buyer. 7. TRANSFER DOCUMENTS/SELLER'S SECURITY. On the Transfer Date, Buyer and/or Seller shall execute the following documents: (1) confession of Judgment Note in the form attached hereto as Exhibit "C". (2) Escrow Agreement in the form attached hereto as Exhibit "DIt . (3) Resignation in the form attached hereto as Exhibit "E", to be utilized only in the event of default by Buyer hereunder. (4) Stock power in the form attached hereto as Exhibit "F". (5) ASsignment/Transfer form (executed in blank) on the back . of the stock certificate issued to Buyer. Following execution of all Transfer Documents on the Transfer Date, all such documents including the stock certificate issued to ., '. * Ii Buyer, shall be delivered to the Escrow Agent (as defined in the - I Escrow Agreement) . - 5 - /usr2/wp/t(H/rei.t. stoele . ,. . I .. (c) operate the corporation in any way other than in the ordinary course of business; (d) Cause the Corporation to assume any debt or other obligation, fixed or contingent, other than a trade payable no greater than :;;500.00 with total trade payables no greater than $2,000.00, without the written consent of Sp.ller. Buyer further agrees that during the term hereof, Seller shall have the right to inspect all of the books, records, financial information and accounting information of the Corporation wherever located. Such inspections may be done at the offices of the Corporation during regular business hours with no prior notice, or elsewhere upon reasonable prier notice. Seller shall be free to contact any clients or accountants of the corporation. Buyer acknowledges that Seller has a reasonable interest in inspecting all such documents and information in order to ascertain the compliance by Buyer with the terms of this Agreement. Buyer further agrees to supply Seller with a statement in form and content satisfactory to Buyer setting forth the basis for the calculation of the Percentage Addition. Such statements shall , '. accompany payment of the Percentage Addition to Seller, and shall be accompanied by such backup documentation as Seller may request. Seller shall have the right to request any other specific .... '. ,II I. \ information from Buyer upon 15 days prior request in writing. - 7 - AGREEMENT THIS AGREEMENT is made this ~ day of January, 1995, between Pamela Reitenbach, as Administratrix of the Estate of K. ~ ; Jesse Reitenbach ("Seller") and Don Paul Shearer ("Buyer"). Backqround Buyer and Seller are parties to an Agreement for Sale of Stock dated July 1, 1994 ("Stock Agreement") whereby Buyer agreed to purchase all of the outstanding capital stock ("Stock") of K. Jesse Reitenbach Associates, Ltd. ("Corporation") owned by Seller in her capacity as Administratrix. In connection with the execution of the Stock Agreement, Buyer and Seller entered into an Escrow Agreement ("Escrow Agreement") whereby the certificate issued to Buyer was placed in escrow with Thomas P. Gacki, Esquire ("Gacki") as Escrow Agent, in order to secure payment of installments due by Buyer and performance of Buyer's other obligations under the Stock Agreement. Also pursuant to the execution of the Stock Agreement, Buyer executed a Stock Power ("Stock Power") authorizing reconveyance of the Stock to Seller by Gacki upon notification to Gacki by Seller of an event of default by Buyer under the Stock Agreement. Buyer also delivered his undated resignation as an officer and director of the Corporation to Gacki pursuant to the terms of the Stock Agreement and Escrow Ii Agreement. I , II I I' , On October 12, 1994, Seller notified Gacki of the occurrence of defaults by Buyer under the Stock Agreement. Seller ,lltlO alleged the existence uL d de[au II. by Uuyel' .tnd l he Corporation under a lease for certain business premises leased by seller in her individual capacity to the Corporation, with Buyer as guarantor. Gacki thereafter, in compliance with the terms of the Escrow Agreement, reconveyed the Stock to Seller utilizing the slock Power and dated the resignation of Buyer as an officer and director of the Corporation, notifying buyer of these actions. The parties hereto have subsequently resolved their dispute and desire to reinstate, ratify and affirm the terms of the stock Agreement and Escrow Agreement subject only to the modifications to those agreements made by this Agreement. NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES AGREE AS FOLLOWS: 1. Contemporaneously with the execution of this Agreement, Buyer shall pay Seller the following amounts: a. $398.40 representing the December monthly installment due under the Stock Agreement. b. $398.40 representing the January monthly installment due under the Stock Agreement. -2- I. .: . c. $324.00 representing the First Percentage ^ddition due under the Stock Agreement. d. :;; I,j J .." repr'enent ing the Second PI> l-centage " ^ddition due under the Stock Agreement. e. $724.40 to Seller in her individual capacity representing amounts paid from Seller's individual funds for debts d( the corporation. 2. Upon receipt of the amounts stated in the preceding paragraph, Seller will reconvey the Stock to Buyer. Buyer will once again deposit the stock certificate in escrow with Gacki. James G. Morgan, Jr., Esquire, shall be substituted for Gacki as escrow agent. Buyer will also execute a new, undated resignation LO be held by Morgan under the terms of the Escrow Agreement. The parties ratify and affirm the terms and conditions of the Escrow Agreement and Stock power, and Morgan will hold the stock certificate reissued to Buyer under the terms and conditions of the Escrow Agreement. For purposes of the Escrow Agreement and exercise of any remedies under the Stock Agreement, a default by Buyer under the terms of this Agreement will have the same effect as a default by Buyer under the terms of the Stock Agreement. paragraphs 1 (c), (d), (e), and (j) of the Escrow Agreement are modified to consistently conform to the modifications herein cont.ained. -3- I, i I, ~:, 3. Paragraph 8 of the Agreement shall be amended to require return notice of default to Buyer and Guarantor with a 15- day opportunity to cure. Remedies may be pursued cumulaLively, ulIt only one satisfaction in full shall be permitted. These provisions shall apply to the Guarantor as well. 4. Buyer shall provide financing statements signed by l'Ol-poration as further security. 5. Buyer shall provide Seller monthly with copies of the bank statements of Corporation within seven (7) days of receipt thereof showing all receipts and expenditures with respect to the corporation and a statement of all accounts payable and receivable each month, as well. 6. Pamela Reitenbach shall fully cooperate in providing information with respect to the computer system as well as previous reports and files upon reasonable request. 7. In consideration of the foregoing, Jeanne Shearer has executed the attached Guaranty and Surety Agreement guaranteeing performance on the original Agreement as well as the within Agreement on behalf of Don Paul Shearer and Jesse Reitenbach Associates, Inc. 8. This Agreement is in full settlement of all claims between the parties relating to the dispute described in this Agreement arising heretofore, and the parties therefore release each other from all claims, demands and lawsuits arising from the -4 - ~ , . ~' " , Ii i; events described above. Similarly, Pamela Reitenbach, the corporation, and Don Paul Shearer do hereby release each other from all obligations under a May 1994 lease for Office No. 1 at 1205 Market Street, Lemoyne, Pennsylvania. 9. All checks shall be mailed c/o Pamela Reitenbach, 5059 Irene Drive, Harrisburg, PA 17112. 10. The parties acknowledge that the actions of Gacki relating to the dispute described in this Agreement were taken in good faith and in full compliance with the terms of the Escrow Agreement. The parties therefore release Gacki, Hepford, Swartz & Morgan, and James G. Morgan, Jr. from all claims, demands and lawsuits arising from all actions taken by Gacki as Escrow Agent in connection with the dispute described in this Agreement. The parties further agree to indemnify and defend Gacki against any claims by anyone arising from such events. 11. Except as modified herein, the terms and conditions of the original agreement between the parties are ratified and confirmed. IN ~TNESS WHEREOP, the parties have set their hands and seals the date first above written. -5- WITNESS I c.& C,c,^,1.o,~rQ', '\". \.. .~ Pamela Reiten ach, Adm nistratrix of the Estate of K. Jesse Reitenbach 1A/ -6- -; I'll i t: '. (!lIe J:'U~;il~ I' . . ' , ESCROW AGREEMENT 'I'IIIS ESCROW AGREEMEN'1' is mnde this 17th day o( Jan., 1995,by ,lIId between l'AMEl.A REl'l'ENDACII, Administratrix of the Estate oC K. ,Jesse Reitenbach, ("Seller"), DON PAUl. SHEARER ("SI:or.kholder") "nd James G. Moryan, J I'. ,Esq _ hereinafter referred to as Escrow Agent. WIIEREAS, the parties have entered into a Stock purchase Agreement this 1st day of July, 1994, relating to the sale of stock of K. JESSE REI1'ENBACH ASSOCIATES, INC. ("Corporation"), by Seller to Stockholder modi (led by Agreement o( even date hereof; and WIIEREAS, the Stockholder p.xecuted a confessi.on of judgment. note to the order of Seller and the Stockholder agrees to place his stock in escrow until the note is paid in full, and all other amounts due Seller are paid to the Seller, and NOW, THEREFORE, it is agreed: 1. PEJJ'y.ERY OF SIIARES AND DOCUMENTS. Upon the execution of this Agreement, all of the outstanding and issued shares of the corporation shall be delivered in escrow to the Escrow Agent. 'l'he Stockholder shall deliver to the Escrow Agent his undated resignation (rom any office or directorship of the Corporation which he mi.ght hold ilml an endorsement in blank for new stock certificate(s) (or use in the event of default hereunder. The I, . 1'(\ i I . Pflr: 1'c)I;o'nq),' . - " , (el) , EYllllt.s of: Default. 'J'he events of defaul t and n'!medies are stated in a Stock Purchase IIgreement executed by the partier. on "uly I, 1991\, the terms and conditious of whi.ch are het-eby inccll'porated by reference as if fully set forth hel:ein. (e) Bxmm,mm...QL Bsc:row IIg.enLand Res.igLilltion of Bscrow lIy-el.lt. The fee!:: Clnd all ather expp.nses (If the FosC'row ligen!. ;;h,.11 be paid onp.-(liIlf (1/2) by the Stockholder and one-half: (1/2) by the Seller. In the event the Escrow IIgent resigns or is unable to continue serving as Escrow IIgent hereunder, then Seller and Stockholder shall appoint a new Escrow IIgent. If Seller and Stockholder are unable to agree on a successor Escrow Agent within fi. vo (5) days, then IJI~PFORD, S1~IIRTZ & MORGIIN, shall become the Escrow Agent. .. (f:) The Escrow Agent shall not be responsible for the genuineness of any certificate or signature and may rely conclusively upon and shall be protected when acting upon any notice, affidavit, request, consent, instruction, check, or other instnlll1ent bel ievee! by him in good faith to be genuine at' to be signed or presented by the proper person, or duly authorized, or properly mae!e. The Escrow IIgent shall have no responsibility except for the pet'fOnl1ilnCe of his eXpt-ess eluties hereunder and no additional duties Hhall be infp.l:reel herefrolll or implied hel-eby. - 3 - ". ' 11' ii, pnc:tO~"ilq!. . (g) No amendment Ul" modification of this 1\gl:eement or waiver uf i.tr; t:fn'llB nhall ,LUect the right and duties of the Br;crow ^qent unlesn hi n wri.tten COIwent thereto shall have been obtained. (h) Tile !':ucrO~1 1\genl'. ~'hall not be responsible or liable (Ol- any act or omission on hiEl part in thp. performance of hir; dutip.s (IS EElcrow ^gent" UlldAl: thin 1\!;!reelllfmt e..ct'pt <IS suL'i1 net or omission constitutes bad faith, gr.oss negligence, or fraud. (i) 'l'he Escrow 1\gent shall not be required to institute or defend any action involving any matters referred to herein or which affects his duties or liabilities hereunder unless or until requested to do so by any party to this 1\greement and them only upon receiving full indemnity, in character sat;isfactory to the Escrow 1\gent, against any and all claims, liabilities, and expenses in relation thereto. In the event of any dispute among the parties hereto with relation to the Escrow 1\gent or his duties, (1) the Escrow 1\gent may act or refrain from acting in respect of any matter referred to herein in full reliance upon and by and with mlvice of cOIlIIsel and shall he fully protected in so actin'] or in I:efraining from acting upon the advice of such counsel, or (2) the Escrow 1\gent may refrain from acting until required to do no by an order of a COllI"\: of' competent jUI:isdict ion, - 4 - . .' , , . . DATE 111'1/15 , - ~'},;; ooJPAUL SHEARER B..~GNATIQH '1'0 Wholll LL May Concern: I hereby resign, ef(ecti'lP' i.mmediately, my position as an officer(s) alld director o( K. Jesse Reitenbach Associates, Ltd. 10 10, I' ,. - . - . < DON PAUL SHEARER ASSOCIATES dps . P,O,1Ioll7IT CIn1J",PA 1700100717 (7m 7310110O (100) 382-1700 Fa (717) 731.tl81 . ROU.lNO GREEN OFFICE BUILDING RA IS. Box 1.0 1Ie1nognM. PA 17870-8600 (7m 473-110O .. FebnJary 21,1995 PamBla Reltenbach, Admlnlstratrlx Estate of K. Jesse Reltenbech 5059 lrane Drive Harrlsburg, PA 17112 Dear Pam: As you know, I talked wI(h you on January 17,1995 while we were In Larry Adler's ofRce ebout past due Income tex re(ums for K. Jesse Reltenbech Associates LId. and you advised me to cell JIm Roberts, the corporation accountant which I did and I (hen advised you when you celled our ofRce In response to NanclJo's telephone cell thBt Jim had told me thet he needed dala from you, of which you were &ware, to flIe last year's (ax re(um. Once Bgaln, this week we received notice from the Commonwealth (hat the (ax re(um stili has not been flied and we stili do not have the tax and other bank records for the corporation even Biter our recent ordeal In having to cell Larry Adler's ofRce, a discussion with Craig Adler who advised me that I would have to walt unUl Larry retumed from being out of town for several weeks, and ano(her trip to their ofRce to pick up records that we have mBde two previous trips (0 obtain. Craig Adler also Bdvlsed me to contBct Jim Morgan unUl his father was back In town. As a result of our not having the flnanclBI records, we wera late In getting oul the 1099 forms to the persons who received Income from the corporation In 1994. I hereby advise you (hat Paragraph 5 (g) of (he Stock Agreement warTants that "there are no un- seUled claims anticipated or assassed against the Corporallon on account of any Income or other tax up to Bnd InclUding December 31, 1993, and that all retums or reports of whatever nature currently due are flied or will be flied 01 or before the Transfer Da(e." Thus, you, BS Administratrix of the Es(ate are In default of (he Slock Agreemenl and I hereby formBlly demBnd that you hBve all lax and bBnk records for the Corporetlon Including Bit Income taX ratums through January 17, 1995 (slnca you Bffectlvely held ownership of the stock through thai dale) 10 my offlce B141\l..A North Front S(reel, Wormleysburg, PA within fifteen days of racelpl of Ihls leller. FurthBr, Bt the Januery 17, 1995 meellng wllh Larry Adler, you Bdvlsed me thBt we could gel the balance of the appraisal records from (he Lemoyne offlce either that weekend or the next weekend. You thBn told me In our (elephone conversation menlloned above that, due to pBrtles over the Super Bowl weeker11l, you were unablB 10 gellhB persons Involved 10 mOVB Jesse's desk elc. from Ihe offlce and IhBll1 would be one of Ihe nexllwo weekBnds. It Is now over a monlh since our JBnuary mBetlng. As I advised bolh you and LBrry, I hava no personBllnlereslln ihese flies per se bull hBve Bn obligation, In order 10 protect the Corporation, 1 to malnlaln all appraisal records for alleasl seven yaars on behalf of and as cus(odlan for Ihe Corporallon and 10 meal my obllgallons as raqulred In Ihe S(ock Agreement. Tl1ls Sunday, I have engaged people 10 help In moving Inlo our new Bloomsburg ornce and Ihey will be available In the momlng 10 pick up the appraisal flies from 1205 Markel S(reet. Therefore, would you please arrange 10 have Ihe door open or somebody Ihere (If you so desire) In order for my people 10 gBln access to Ihe flies al10:00 a.m. this Sunday, February 26,1995. Please cell Nancljo al our ornce and connnn. FinallY, as you know from several conversallons Ihall had wllh you commBnclng lasl Augusl when I nrst received Ihe cell from Bill Hoffmeyer, (he Bllomey In York for Helen M. Wlntennyer, of Falrvlew Township, for whom two appraisals were completed by Jesse and SIeve Rupy for eminent domBln proceedings by the Felrvlew Township Municipal AulhorUy. As I have Bdvlsed you on several occasions along wI(h bo(h Jim Morgan and Larry Adler, (he appraisal along Old York Road BS prepared by Jesse and SIeve had the wrong zoning IIs(ed for the property and therefore Inadequa(e sales compBrlsons and approaches to value and the appraisal for the adjacent 3.82 acre (ract contained approBches to value which would clearty be Inadmissible as expert wI(ness tesllmony Bnd this mBlIer Is likely heBded for court. The problem wlIh Ihe 3.82 acre tract Bppralsalls thBIthe basis of value was the Developmenl Me(hod Instead of the Sales Comparison Approach when, In fact, IhB Emlnen( DomBln Code In Pennsylvania only Bllows for Bny owner to be made whole BS of the dale of the taking of the condemned property and there had been no subdivision plan ever drawn, presented or Bpproved for the subject property. There were many other mistakes made In these appraisals Including the wrong date of takIng and therefore the wrong effective dale of appraisal. I nnallY nnlshed completely new appraisal reports for both these parcels last month Bnd they were delivered (0 Bill Hoffmeyer on behalf of his client. The Corporallon was paid B totBI of $3,000 for these reports which fortunately were never dBllvered to the client and Bre In the sole possession 01 Bill Hoffmeyer who was Interested In gelling the mailer resolved ra(her than exposing the Corporallon or the appraisers Involved In Bny embarrassment. Wl(hout my new reports, he could not hBve pursued with Ihe cese desplle the fact thBt the Township counsel was forcing the Issue. There was a rasponslblll(y to protect the Corporallon as well as the EstBte of K. Jesse Rellenbach which I hBve done. I hBve a totBI 0128 hours In resBarch, Bnelysls and report wrillng 10 cleBn up this mess. I personally Inspected all the land sBles comparisons and verlned the sales thB( were used In these raports and am now ready to tesllfy If and when necessBry. Also, Michael T. Reed. Appraisal Assls(Bnl, hes B to(al of 20 hours. Thus, I have Incurred $2,800 of services myself plus $4000due Mike for a total 01 $3,200. I am Bncloslng Bn Invoice (0 the Esta(e of K. Jesse Rellenbach lor said $3,200 and I demBnd and BXpect pByment made to Don PBul SheBrer AssoclB(es wl(hln nnBen dBYS of receipt 01 this IBUer. Paragraph 5 (d) of the SIock Agreemen( stales that "BS of the dele hereol, there Is no IIl1gallon proceeding, judgment order or decree pending, or , to the knowledge 01 Seller, threalened egalnst the Corporallon by any person, nnn, corporallon or assoclallon. or by any public body, agency or aulhorl(y." Well, In fact, allhough you had no knOwledge of the mailer when you signed the Stock Agreemenl, these ceses were In fact hanging over (he Corporallon. It certBlnly would be unfair to expect me to assume this responsibility. If I had not acted, believe me It would have ~sulled In action against the Corporallon and Ihe exposure for dBmages was self-Incrlmlnallng. I Bdvlsed you Immediately aner receiving nollce from Bill Hoffmeyer Bboul the problem Bnd, BS you know, trIed to discuss II with you when you pulled your stunt In october regarding defaullln the stock"agreemenl. Ilqok forward to your call relaUve to picking up the flies (his Sunday and expect you to deliver all flnanclal records of the CorporaUon elong with II check for $3,200 within fllleen days of racalpt of this leHef. RaNted, DoN PAUL SHEARER Real Estate Appraiser/Advisor co: Louis J. Adler, Esq. James G. Morgan, Jr., Esq. .. DON PAUL SHEARER ASSOCIATES . p,o, 80. 717 CIn1J HI!. PA 17001.0717 (717)731.1800 (100) 1102.1700 Fa (717) 731."11 . ROLUNO GREEN OfFICE BUILOING RR IS. 80.111Io0 SlInog..... PA 17170-1600 (717) 473-8100 . dps DUE & PAYABLE UPON RECEIPT INVOICE February 21, 1995 Estala of K. Jasse RellenbBch Pemela Reltenbach, Administratrix 5059 lrane Drive Harrisburg, PA 17112 For Prof.I.lanal Service. R.ndered...............................................................S3.200.00 For: Appraisals of Property Slluale: 3.82 Acre TrBc\, Vacanl Land Wyndamere Road, FBlrvlBW Township Bnd Vacanl LBnd along Old York Road FalrvlBW Township Helen M. W1nlennyer 28 HaulS CD $100 for Don PBul Shearer (Research, Analysis Bnd Report Wrlllng) 20 HaulS CD $20 for Michael T. Reed (\;ourt House Research) $2,800 $ 400 Please Inake your check payable to Don Paut Shearar Asloclata!! and fOfWBrd to us BI P.O. Box 717, Camp Hili, PA 17001-0717. . . . DoN PAUL SHEARER ASSOCIATES dps I ! \ " . P,O,1IolI717 CO/I1I'" PA t7ool.o717 (1t7) 731.110O (100) 312.1700 Fa (7t7) 731.1111 . ROUJN<J GREEN Ofl'ICE BUILDING RRIS.Bo.tflloO 601nlgnlvo. PA 171711-1110O (7t71473-1IOO February 28, 1995 lENT BY FAX AND CERTIFIED MAIL James G. Morgan, Jr. 111 ,North Front street P.O. Box 889 Harrisburg, PA 171011-0889 Re: Estate of K. Jesse Rellenbech Dear Jim: I got back late tonight from moving Into our new Bloomsburg office Bnd after having a rather fruitful day despite the fact that II Is Sunday to rind your leller da(ed February 24, 1995. Since I will be Involved most of tho day tomorrow preparing for severel upcoming condemnallon heartngs and trlBls, I decided to get (his Bnswer to you and off my mind. First, Craig Adler advised 'me (hat he knew nothing about Bny mes. etc. and thBt Larry was out of town and, If I wanted to discuss the mBller further, I could contact you. However, es you know, you aSSigned tha orlglnBI mBller after Mr. Gackl's performance to Larry Adler and you were not present In Larry Adler's office on Jenuary 17, 1995 to resellle the stock purchase when I asked Ms. Reltenbach about the nollce regarding the PAST DUE Income tBX retum for which we hBd received a nollce requesting the overdue tax retum. ShB advised me to call Jim Roberts, the corporate accountant. ' I might remind you, Jim. that Mr. Roberts Is not my accountant. He was the accountant for (he corporallon prior to my purchBse of (he corporallon. Later (hat day, I called Jim Roberts who edvlsed me that Pam was Bware that (he tBX retum had not been med because he needBd Informallon from Pam that Q.l11y Pam could supply Hnd he Bdvlsed me (hat he hBd been trying to raach Pam and had lelt messages for her Bnd thBtthB mBller would be resolved. Eartler this week, we received another la(e nollce regBrdlng the IBte tax retum. W1(hln that same week, we received e call from Karen Damey who had worked for the corporallon last year wanllng (0 know where her W-2 (she really meant 1099 fonn) fonn was and reminded NanclJo Pruce, our office manager, (hBt they ware due by JanuBry 31, 1995. NanclJo Immediately called for Pam Bnd left a message for her to call us which she did later that day and I answered the phone when PBm called. I explained why we wera calling and she Bdvlsed me that the payroll and professional services data Blong wI(h other flnBnclal records were "all Bt Larry Adler's ornce." On January 17, 1995, Larry gave me alBrge folderthBt contained moslly bills that Pam hBd given him back In December which were then past due. We called Larry and he looked and Indeed found additIonal records Iha( Pam had given him. I personally wen( (0 Larry's omce to pick up those records along wl(h my final copy of the revised stock agreemenl elc. (of which you signed and received a copy). After going through the folder, we found addlUonal bills thBt were now over 60 days past due tha( were sent (0 Pam during the parted of lime that she hed the mell diverted to her residence but no payroll or other releted financial records. We egaln celled Pam who then sounded angry with Larry Adler and she celled back to Bdvlse us that Craig Adler, In Larry's absence, Indeed found the other records. GeUlng llred yet, Jim? I was out of town the next dBY and two days later we received a fax leller , was out of town the next day and two days la(er we received a fax leller from Craig Adler baslcelly saying that the records had been found for two days and where were we? I celled Craig Adler to request where the other financial records (I.e. past tax re(ums, bank s(a(ements. etc.) were that we might have to produce at some point In the fu(ure and that I was somewhat confused by his scolding of us for not yet picking up the records. In fact. Craig menlloned In his fax leller that he was sure that thB employees, e(c. of the corporallon would be wanllng their tax forms. In other words, the records were somewhere In their omce for two mon(hs but he was concemed that we did not pick them up wllhln two days and he explained that he was only trying to help In Larry's absence. He said, however, that as to any o(her tax re(ums, bank sta(ements, and other financial records, we would have to walt unUl Larry re(umed or (hat we could cell you to see If you had them. I decided that enough was enough of (his nonsense. I wrote (he leller (0 Pam Ihat seems to have upset you with copies to you and to Larry Adler. . Now, wllh thBt background to brtng you up to dale as to my men(al and emotional sla(e regarding this matter, to my answers and responses to your questions and statemen(s of your February 24 letter. 1. Do you (hlnk It might be approprtate for us to have possession of the tax returns. bank statements and o(her financial s(atemen(s and records for this corporallon? PBrtlcularty since you are so offended by my .vexallous. demand to the estB(e to mBke lhe corporallon and me whole regarding past liabilities of the corporation (I.e. the Wlntermyer Bpprelsals), I can only ImBglne what cooperallon and cover I would receive If for any reason we would be audited for past tBxes or otherwtse Involved In any flnanclBI mailers In the fulure. You ask what records? How do I know? Obviously, any and all financial records pertinent to this corporallon In the present or past possession of Pamela Rel(enbach for s(arters Including tax retums, bank sta(emen(s, cencelled checks and financial sla(ements (0 menllon a few. 2. Correction.! refer you to the stock egreemenl prepared by you. Mr. Gackl or other person In you firm In Paragraph 5 (g) which reads ......and that all retums or raports of wha(ever na(ure currenlly due are flied or will bB flied at or before (he Transfer Da(e.. In fact, according to the corporate accountant, all tax returns were not flied as of the Transfer Date nor by the date thBt Mr. Gackl re(umed ownership of the corporation to Ms. ReltenbBch nor by (he dale of the seUlement of our new agreement, JanuBry 17, 1995. In fact, Jim, when you say "we Bre not In default of the S(ock Tax Agreement elc. (wha(ever that exactly Is since I assume you mean Ihe stock Agreement), you are wrong. You or at leBst Ms. Reltenbach are very much In default of the agreement as drawn solely by your firm. 3. Thank you for Bllowlng us (0 pick up the appraisal records this momlng BS requested In my leller of this week. I Bgaln wish (0 point out to you thBt these records are of lIU1e value to me but I heve an obllgallon (agBln In accordance with your stock BgreemBnt) to SBve hBrmlBSS the estate Bnd Ms. Reltenbllch Bnd to protect both under (he Uniform StBndards of Professional Appraisal Practice as to record keeping and confldenllallly. . ' Agalrl, on January ,17, 1995, In Larry Adle~s office, Pam advlsad ma that she would be moving Jesse's dask and other lIums out of (he office either that Saturday or the nexl Seturdey and could ,I come than to get the records at the same lima which I said I could and would. When I talked with her regarding the payrolt data, she advised me thattha people who ware moving the lIems were Involved wllh pBrtles over (he Supar Bowl weekend end tha( II would be one of the nexllwo weekends. She knew that we had several clients who hBd Inquired about old Bppralsals. So, again, I made the request thBt we pick up the records today aftar waeks of wailing. 4. Another correction. I advised you that I would take care of or had already taken care of three other problem epprelsals but thatt expected to be compensated for the Wln(ennyer appraisals. :rhls discussion took place In your office when I signed the agreement that you asked me to 61gn In the presence of Nancljo Pruce. our office manBgar, the same agreemen( (hat Pam never Signed. And, you wilt recalltha( you pleaded with me not to add the W1n(ermyer appraisal mailer to the Issue a( that lime. Jim, you know that Is what happened and Nancljo Pruce will be happy to vertfy thatlnfonnallon for you. You seem to wan( to dismiss (he fac( tha( the estate could have faced lIablll(y for the appraisals complated for Mrs. Wlntennyer. Jesse signed the Bppralsal. Come on, Jim, you Bren'( going to think me so naive that If action were to be taken tha( (he parties would sue a corporallon with minimal assets Bnd forbear the estate of the man who did (he appraisals which has essets. 5. As to my alleged .vexallous. actions Jeopardizing .our ablllly to finalize (hese mailers," I might point out to you that these matlers have been finalized except for your client's fallura (0 deliver Important financial racords (0 us and to fuffill her obllgBllons under the stock agreBmant to have alltBlC raturns med. Ms. Reltenbach advised me that the corporellon was on a fiscal tax year which would contradict your stalementthat "we had no responsibility for anylhlng except through Decamber 31, 1993.. Of course, the stock agreement contradicts I( also. Jim, let me Bssura you that I have many more Important Bnd rewarding things to do other than play these games. My work 10Bd a( this lime between B ton of appraisals Blong with our new cycle of conllnulng educallon courses throughout Central Pennsylvania for bo(h appraisers, brokers and salespersons has me working around the clock Bnd seven days a week. As I menlloned eartlBr, we have expBndad our SellnsgrovB ornce and opened B new ornce In Bloomsburg and I have hired severel new staff people. But, this (hlng Is ou( of hand as Is Ms. Reltenbach. She has Injured (he credll standing of this corporallon by not (umlng over bills for over BO days which she recalved when she diverted the mall In October. She has failed to have tax ratums med by her corporete accountant. She procrasllnated In gelling us BCceSS (0 the appraisal files which we needed to servlca past clients of the corporellon Bnd she has fBlled to tum over the financial racords as menlloned herein and In my letler to me. B. As to the lack of any basis for my demand that the estate reimburse the corporallon end me for protecting the corporellon and the estale from a law sull Bnd embarrBssmenl over the Incompelency display In the Wlntermyer apprelsBls {I.e. the wrong date of (Bklng, the wrong zoning for the one tract which WBS commerclal not resldenllBI, the spaculallve Bpproach of (he Land Davelopment MB(hod for compensatory damBges In Bn eminent domain procBedlng et BI), I would like to Bdvlse you that when I called the Wtnlennyer mBtler to Pem's Bllenllon ImmedlBtBly efter IBamlng of II, she was aWBre of the appralsBI. She served BS the ornce manBger Bt that lime end WBS Involved In the preparallon and review of appralsBI reports. She was not a passive spouse but an active partrclpantln (he operallons of K. JeSSB f:{ellenbBch AssoclBtes. Steve Rupy, who esslsted Jessa In prepBrtng the appralsBI reports, told me that he dlsagraed with the manner In which Jasse completed the WlntBrmyer eppralsals and that Pam WBS IndBed Involved In the Bppralsels at that lime. At the InlllBI meellng between Pam. Ollie Rosenberg, Tom Gackl and myself regarding my purchase of the corporallon, I specifically asked Pam If there were any ou(standlng appraisals ... . # thai would need expert witness tesllmony end she advised me that "(he only one she knew about was the one that Karen Camey had comple(ed wI(h Les Connor after Jesse's dea(h." She should have checked the nles between that meellng or the minds meellng and July 1, 1994. I em enclosing copies or two letters regarding this malter. Both are dated October 11, 1994 and both are addressed to Pamela Rellenbach with copies or each (0 you. You might wish (0 read these letters relellve to your poslllon In this malter. I am also enclosing a copy or Mr. Gackl's lelter or October 13, 1994 where It states that "as or october 12, 1994, you no longer hava Bny Intereslln K. Jesse Rallenbach Associates, Ino," Further, nellher Ms. Rellenbach nor you or Bny member or your nnn ever con(es(ed my october 111elters nor wes It Included or menlloned In Ihe new agreemenl da(ed January 17, 1995. Is Ihls whalls commonly rererred to as an Implied acceptance? I mlghl Blso remind you or the old legal maxim qullenllt commodum lenllre debet at onus which as you know provldos that "he who receives the edvantaga ought also to surrer the burdln." The corporellon billed and was paid a fee of $3,000 for the Wln(ennyer apprelsals. Ir the Estale of K. Jesse Rellenbach and Pamela Rellenbach In partlculBr are to geln rrom the sale or said corporallon whose viability was enhanced by IhesB Bpprelsals Bnd which would have raced polenllal liability for IhB errors Bnd omissIons of Ihe Wlntennyer apprelsels, I think Indeed Ihere Is basis In my demBnd. Nevertheless, Jim, be essured or this ract. In accordance with my lelter or this week, III do not receive the sum or $3,200 as compensBlIon ror my curing or the Wln(ennyer Bpprelsals on or before March 11, 1995, which Is nfteen days from the dale thBtthe letter was received by Pam Rellenbach, I will commence action Immediately to collect said Bmount piUS COS(s. Ms. Rellenbach and Mr. Gackl played reel hardball wllh me when In ractl hed done nothing wrong and In ract was discussing the Wlntennyer appraisals wl(h Ms. Rellenbech when she acted to declare me In deraull or the original stock egreemenl yel you and your client seem (0 think II . acceptable 10 rail to nle lax retums, to tum over bills ror over 60 days because mall to (he corporellon was diverted bY Ms. ReltenbBch which by the lime we received them were wall pBsI due thereby Injuring the credit standing of the corporallon, 10 tum over the nnanclBI records of Ihe corporellon, and 10 leke over nve weBks 10 give us Bccess to Ihe apprelsal records Ihat wa need 10 help o(her pasl clients of this corporellon. These actions are bemusing to say the least. I do hope thai you reconsider your poslllon or you will Indeed hBve Ihe opportunlly (0 seek counsel fees for whet you render to be vexallous Bctlons. I also hope IhBt you see the unrBlmess In expecting me, aller what I have been put through since last october, to clean up the Wlntennyer mess without compensation ror my lime and afforts to protect the reputation or Mr. Reltenbach and this corporellon and to prevent Bny liability on Ihe part of the corporsllon or tha esla(e. (IN''' bON PAUL SHEARER Real Estate Appraiser/Advisor . . EXHIBIT "F" DON PAUL SHEARER ASSOCIATES . PO 11111'11 Clinlpllil. PA 1/001,0111 (7171131,8800 (BOOI ~D2'8'OO Fu 171/lm'IIDI . nOlllNOllflHNOfllC( UUILDINO nfl.S,u".IIl8'O S.lnsuru'iU, PA 11810.0wu 11I1H/3,fj600 dps SENT BY FAX AND REGULAR MAIL March 8. 1995 James G. Morgan, Jr. Allomey-At-Law 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Re: Pam Rei(enbach Dear Jim: I apprecla(e your office sending me a package da(ed March 7, 1995 which included severe I M.C.I. bills with envelopes dated February 16 & February 17, 1995, Marshall & Swift dB(a (which we need in our everyday business) dated February 27, 1995 and other pertinent items. However, it is obvious that these items were not merely routed from the fonner Reitenbach address bu( they were actually addressed (0 K. Jesse Rei(enbach, 5059 Irene Drive, Harrisburg, PA 17112-2138. In other words, your client, well after our new agreement was signed In Larry Adle(s office on January 17, 1995. had mall not only redirected by actually had the address changed with (hese sources. Can you possibly explain this? Further. another invoice included In yesterday's packe( was a statement showing past due rentals for the copier da(ed February 2,1995, Fortunately. since that lime, Susquebanc Lease Company had called our office Bnd I paid Ihe pas( due and current bill. Again. can you possibly explain why your client sat on this invoice from the first week of February unlit the first day of March. Is she Intenllonally trying to Injure the credit of this corporation? What other mait has she had redirected to the Irene Drive address and how many other pieces of mait has she faited to deliver (0 us? Jim, I simply cannot believe that you can sit back and watch this all happen but I have been pushed now just a bll far. I acted In good faith last November in your olflce when you asked me (0 cooperate In allowing you to resolve the stock mailer back then and you were unable to have your client sign the very Bgreementthat you prepared and I have acted In good faith ever since. Larry Adler can relate tha( I responded within five minutes after gelling his leller that advised me thaI he was then representing Pam at your request. I have balled both the corporation and the . estate out of three serious problems to date and have met every obligation thaI I have under the stock agreament. Aller our new agreement was signed on January 17, 1995, Pam Rellenbach had an obllgaUon to conlact whomever she had previously contacted aboul changing the corporate address and 10 change the address back 10 P.O. Box 717, Camp Hili, PA 17001-0717 which Is and has been since July 1, 1995 the mailing address of Ihe corporation. Your office directed the mall 10 422 North Fronl Slreet, Wormleysburg, PA 17043. FortunBlely, that address is my residence 50 I received the package today. Our office Is physlcaly at 416-A North Fronl Slreet. Wormleysburg, PA 17043 which Pam was aware of as of October 1,1995. I would tlke for just a few days to go by that I am not exposed to more of this ridiculous behavior of your client. Pamela Reltenbach, and I hereby demand thaI she Immediately contact every single person to whom she previously gave the Irene Drive address relaUve to K. Jesse Reitenbach Associates LId. and provide them wllh our proper address. Finally, Jim, this Is March 8. I wrole you on February 28 and again on MBrch 5 relative to the financial records and the dellnquenl stale corporate lax return which I firsl wrote you about over a month ago. I am sllll waiting for a response. Please believe thaI on March 18. 1995, I will commence with legal action to collect Ihe $3,200 for the Wintermyer appraisals and to have the financial records delivered to us and to have Ihe court review everything relaUve to this transaction daled back to July 1, 1995 and through the October actions by your client and your former assoclete, Mr. Gackl. You are aware of what Jim Roberts advised me regarding Ihe dalinquest tax return and I obviously cannot file Ihe raturn since I don'l have the records. You are hereby advised that Pam Reltenbach or the eslate will pay any penalties that are Involved with that delinquent return. I sent you the lasl notice which gave us fifteen days 10 file. I could never have Imagined being in Ihe position thBI I find myself over the acquisition of Ihls corporation and all thaI has come with It. If Jesse Reltenbach were alive and aware of any of Ihls, he would be truly appalled. I went through many Ihings with Jesse and was a sounding board for many of his personal and business maUers and he was not capable of acting or carrying on In this fashion. Everybody in my office and Ihose who were aware of my acquisition of the corporation and of Pam's actions In October just shake their heads when Ihey hear of what has transpired. I plead with you to have your client meet her responslbllltes as outlined by me to you on various occasions relative to the financial and tax records, the delinquent tax return and the Wintermyer mailer which dates back to last summer or she will have Ihe opportunity to explain to a judge in Cumbertand County her actions commencing last October followed by Mr. Gacki's acUons which you led me to believe were done in good faith even If done with bad judgement and now continuing almost two months after execuUon of our new agreement. I again remind you Ihat I had to beg to receive the dala so that we could Issue Ihe 1099 tBX forms or we wouldn1 have them yet today, This will be my last correspondence to you relaUve to Ihls maUer. Respectfully SubmlUed 0151 DON PAUL SHEARER Real Estate Appraiser/Advisor . , . . AFFIDAVIT I, the undersigned, Don Paul Shearer, Individually and BS President of K. Jesse Reltenbach Assoclales, Ltd., hereby slale that I am Ihe Plaintiff In this Bction and that the stBtements of fact mBde in the foregoing Complalnl are true and correct to the best of my personal knowledge. InformBtion and belief. Further, I understand Ihat the statemenls made herein are made subject to the penalties of 18 Pa. Cons. SIB!. 4904, relating to unswom falsification to aulhorities, Date: 31~/'1S' ~ DON PAUL SHEARER, INDIVIDUAL Y (l]Y DON PAUL SHEARER, President K. JESSE REITEN BACH ASSOCIATES LTD. u- k u c..,. Ci. cr. ." "R J 1L ~ ,. 1./' ~~ ~ 0 0 0 ~ V' Co.-, l() ti) J- () , ;n 0 ,..... \~ ~ 1- , 0 /,! 4") If> C:I"" H ':1"" J '7 -:;; r-- ~ ~ :f ':tl ("o,.J u CL "" .... '. = " .. ''-- . ... .. f' ,i .... DON PAUL SHEARER AND K. JESSE REITENBACH ASSOCIATES, LTD., Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : . . v. : No. 95-1573 CIVIL TERM . . PAMELA REITENBACH, INDIVIDUALLY, AND AS ADMINISTRATRIX OF THE ESTATE OF K. JESSE REITENBACH, Defendant : . . : : CIVIL ACTION-BREACH OF CONTRACT DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, this 17th day of April, 1995, come the Defendants Pamela Reitenbach, individually, and Pamela Reitenbach, as Administratrix of the Estate of K. Jesse Reitenbach, by their respective attorneys, Louis J. Adler, Esquire, and James G. Morgan, Jr., Esquire, and hereby preliminarily object to Plaintiff's Complaint pursuant to Pa. R.C.P. 1028 as follows: PRELIMINARY OBJECTION TO IMPROPER SERVICE OF COMPLAINT (PA. R.C.P. 1028(&) (1)) 1. Plaintiff commenced this action by filing the Complaint on March 27, 1995. 2. Plaintiff attempted to serve the Complaint by certified mail, which attempt did not conform to Pa. R.C.P. 402. PRELIMINARY OBJECTION - IN THE NATURE OF A DEMURRER PURSUANT TO PA. R.C.P. 1028(A) (~) 1. Exhibit B of the Complaint, which is the Agreement dated January 17, 1995, in Paragraph 8 contains a mutual release of the parties. 2. The matters raised in Plaintiff's Complaint, as can be ascertained from the pleadings, arose prior to the execution of the Agreement dated January 17, 1995. 3. All of the matters set forth in the Complaint relate to the Defendant, Pamela Reitenbach, in her capacity as the Administratrix of the Estate of Jesse Reitenbach and not in her individual capacity. WHEREFORE, Defendants request that the Complaint be dismissed as to both of them or, in the alternative, as to Pamela Reitenbach in her individual capacity. PRELIMINARY OBJECTION TO INCLUSION OF INAPPROPRIATE MATTERS 1. Plaintiff requests punitive damages, which is clearly inappropriate on the face of the Complaint. 2. Plaintiff has requested the turning over of financial records, certain action with respect to the mail, as well -3- - as requesting certain other action on the part of Defendant which is inappropriate in a civil action at law; WHEREFORE, Defendants respectfully that request Paragraphs 2, 3, and 4 of Plaintiffs' request for relief, together with their request for punitive damages, be stricken. DATE: c~ {II.I'79"5 ~()~ Louis J. Adler, Esquire Attorney for Defendant Pamela Reitenbach, individually ADLER &; CLARAVAL 125 Locust Street P. O. Box 11933 Harrisburg, PA 17108 Telephone: (1 ) 34-3289 A torney I.D. N. 07040 DATE: /" '/-- II C;J ~ s G. Morg, ., Esquire t rney for Defenaant P mela Reitenbach, Administratrix o the Estate of K. Jesse R itenbach HEP ORD, SWARTZ &; MORGAN 111 North Front Street P. . Box 889 Ha risburg, PA 17108 T ephone: (717) 234-4121 ttorney I.D. No. rJtf17 -4- .-. LI"> en >- ,~ - = ~" oro"C '" -, .. , VI '- , ,,- - ,- f--::> r-- i "" " 0.. ,;:, . ',~ ,- e l-I CU E-t .-l '.-i > '.-i U C Z:C .o:U .0: PHil . ~ZC ~~E-t C .o:E-t...:l Z ~H .0: :c ~ ~ tIl~tIl ~ ...:l~E-t Otll.o: .o:tIlH "'~U ..,0 Z tIl o .tIl C:.:.o: "" l' III ~ I III '" . o Z ~ tIl:C .o:E-t ~ ~ :CC1<.tIl UZOtll .0:.0: ~ III ><.., Z ~H ~ >< ~ . E-t...:lE-t:.: H...:l.o: :c ~.o:~1<.U ~OE-tO.o: CtIl III .o:HH~Z ...:l>ZE-t~ ~HH.o:E-t :EC:EE-tH .o:ZCtIl~ "'H.o:~~ tIl ><1<. ~1<. .o:H ZE-t HZ :EH H.o: ...:l...:l ~'" ~ "'0 E-t tIltll E-tZE-t ZOZ .o:HH CE-t.o: ZU...:l ~~'" 1<...,:E ~1ll0 COU ~ ~ ;) :8 !:l ;:: ~~W6!:S fb~ t:l<~::~~~~ ~W~~~~~& e~d I!!~l::. I.,l':~a:tt; l::.~ ~<- I .