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HomeMy WebLinkAbout95-03119 r> '..., ~ ~I,,~ \'0 , \Q ~.r :" ",t' .. . -= u.r. ,...t .... u.,: l':r N ;.L1','",; . u".\.4-.'. n.~ -:I )- ..- '1 \' .11"" "l"":er.. , \....1- .... pi '.1"') . ,1;;.-.... ~, -- ~j'.} , . ":\--, H ' ~ ~..J. -. \5 m . Ii. I u . ~ ~ ~~ ~ l2:1:l . H'" > f;;~ 10:11< Bt ~ i .. , .~ t..J '" ~0 ~" /Y) ",I -\ A ~ C)~~' . Cl ~~ lfll:l , Al 0<'0 ~ ~'" l&l~ ~ t'I .... I;] ~ ~ ~ ~ Ii ~ t;; ~ ~ ~ ~ ~ ~ ~ ~ ~ fl ~ ~ ~ ~ ~ I l2: o H E-< U 0< ~ ::- H u . .. I , . DENNIS REVIN MUlJlOLLAND, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - NO. 95- '11'1 LAW CIVIL TERM ELIZABETII A. MILLER, Defendant NOTICI 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 an attorney and filing in writing with the court, your defenses or objections to the claims You are warned that if you fail to do so, the il S13t forth against you. I case may procsed without you and a jUdgmsnt 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 plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TARE TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU ! DO NOT IIAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE i 11 OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP, " >I II '1 II II I, 1,,',1 The Court of Common Pleas of Cumberland County is required by law tc comPly with the Americans with Disabilities Act of 1990. For !, informat on about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contaot our office. All arrangements must be mads at least 72 hours prior to anr hearing or businsss before the court, You must attend the schedu ed oonferenoo or hearing. Court Administrator Cumberland County Courthouse Carlisle, Psnnsylvania 17013 Talephone Number (717) 240-6200 DENNIS KEVIN MULHOLLAND, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, CIVIL ACTION - NO. 95- "51/(/ LAW CIVIL TERM ELIZABETH A, MILLER, Defendant COMPLAINT 1) Plaintiff is Dennis Kevin Mulholland, an adult individual, residing at 105 Fairway Drive, Carlisle, Cumberland County, Pennsylvania, 17013. i i 2) Defendant is Elizabeth A. Miller, an adult individual, :1 il residing at 4167 Beaufort Hunt Drive, Harrisburg, Dauphin County, :, Psnnsylvania, 17110. 3) Plaintiff and Defendant had a business known as Mulholland, Miller 'Assooiates. Pursuant to the business arrangement, the I parties exeouted a Partnership Agreement, a oopy of whioh is attaohed I, hpreto and inoorporated herein by referenoe, II 4) On November 3, 1993, due to problems with the Defendant's !j '! inability to perform her share of the business responsibilities, the :: partnership was dissolved. At the time of the dissolution of the Ii I partnership, the partnership owed the following amounts of money, " , d I !, I' 'I " i , United Telephone Advertising (November 93 - April 94) United Telephone (install phone jack) E. K. Williams & company (93 tax preparation) United Telephone (Toshiba lease) 1993 Employee Withholding 1993 PA UC Fund $ 1,015.00 210,39 750.00 1,494,48 2,611.09 431,06 I II 1 I 1993 PA Dept of Revenue 303.49 I II 1993 IRS 86.74 1993 CTCB 108.37 Ii 1993 occupational priv Tax 34.65 State Workman's Ins. Fund 924.83 I (June - November 93) Cellular One (October 1993) 152.13 II Loans reparment November 2, 1993 1,250.00 (Kathy Ze gler) II Loan Repayment December 3, 1993 5,000.00 , I (Kathy zeigler) ! TOTAL $14,372.23 5) Pursuant to the partnership Agreement, Elizabeth A. Miller is responsible for the payment of one-half of the amounts outstanding in the total sum of $7,186.12. WHEREFORE, Plaintiff respectfully requests judgment, with interest and costs, in his favor in the sum of $7,186.12. Respectfully sUbmitted, O'BRIEN, BARIC' SCHERER , BY I -axs).)...>- I II I Robert L, O'Brien, Esquire Attorney for Plaintiff I. D. 1/ 28351 17 West South street Carlisle, PA 17013 (717) 249-6873 2 . I verify that the statemente made in the foregoing Complaint are trus and correot to the bsst of my knowledge, information and belisf. I understand that false statements herein are made sUbjeot to the penalties of 18 Pa. C.S. I 4904, relating to unsworn falsifioation to authorities. I I i I 'I I , ~t.". .(/~W~j.. DENNIS REV MUIJIOl.LAND il il q Ii 'I , Datedl I))})y I,) t'.' /99r 7 3 AGREEMENT PARTNERSHIP AGREEMENT OF MULHOLLAND-MILLER & ASSOCIATES OF PARTNERSHIP made this /L/~ day of January, 1992, by and between DENNIS KEVIN MULHOLLAND, of cumberland County, Pennsylvania and ELIZABETH A. MILLER, of Dauphin county, Pennsylvania, as General Partners (hereinafter referred to as "Partners") . ARTICLE I FORMATION AND PUR Pal. section 1.1. formation Name. The partners hereby form a partnership pursuant to the provisions of the Uniform Partnership Act of the Commonwealth of Pennsylvania. The partnership shall trade and do business under the name "Mulholland-Millar' Aa.oeiat..," Section 1,2. Pureose. The partnership shall perform investigation, surveillance, preparation of litigation materials for attorneys, background investigations and all other services usually performed by private detectives in the Commonwealth of Pennsylvania. Also, the partnership shall be entitled to conduct any and all lawful business. Section 1,3. princieal Place of Business, The principal place of business of the partnership shall be 325 Juniper Drive, Carlisle, PA 17013, or such other or additional place or places as may be designated by the partners. ARTICLE II T!RK AND ACCOUNTINO MATTIR8 Section 2.1, Term, The partnership shall commen~e as of the date of this Agreement and continue until dissolved or terminated as hereinafter provided. section 2.2, Method and Period of Accountinq, The partnership shall keep its accounting records and shall report for federal income tax purposes on the cash receipts/disbursement method of accounting, The records shall ba maintained in accordance with generally accepted accounting principles. Ths accounting period of the partnership shall be the calendar year. The method of depreciation employed by the partnership for accounting purposes shall to the extent permitted by generally accepted accounting principles be the same as the method of depreciation for fsderal incoms tax purposes. Section 2.3, Annual Statements. Each partner shall rscsive annual financial statements ot the operations of the partnership within ninety (90) days after the close of the partnership's year, Section 2.4. Access to Records. The partners shall have absolute access to the accountinq records of the partnership during regular businsas hours. such records shall be kept at the principal office of the partnership. Section 2.5, Election to Adiust Asset Bass, In the event a partner sells or transfers his partnership 2 interest, the partnership will timely file an election under Seotion 754 of the Intarnal Revenue code and the Regulations thereunder. Such election shall also be made in the event a distribution is made to a partner by the partnership in which gain or loss is recognized to the distributee partner, unless counsel to the partnership advises against the making of such election under such circumstances, ARTICLE III CAPITAL MATTIRS Section 3.1. capital contributions. Each of the partners shall contribute to the capital of the partnership One Dollar ($1,00). The partners shall make such other oapital contributions at such times and in such amounts as they may agree, provided, however, that such additional contributions shall be made equally by each partner. Section ].2. capital Accounts. An individual capital account shall be maintained for each partner. The capital account of each partner shall consist of his original contribution increased by his additional contributions to capital and his share of partnership profits and decreased by distributions to him in reduction of his partnership capital and his share of partnership loases. ARTICLE IV PROFITS AND LOSSIS 3 Section 4.1, Allocation, Each item of income, gain, loss, deduction and credit shall be allocated to and shared by the partners as followsl one-halt each, Section 4,2, Current Distributions. The profits of the partnership shall be divided as tollow.1 one-half to Mulholland and one-half to Miller. ARTICLE V MANAGEMENT Each partner shall have an equal voice in the management ot the partnership business, All management and partnership decisions must be pursuant to the affirmative agreement of all partners, but one partner's signature shall be sufficient to bind the partnership in any transaction. ARTICLE VI TRANlr.R or PARTNIRSHIP INTIRIST Section 6,1. Death of a Partner. Upon the death of a partner, the deceased partner's personal representative shall sell, and the surviving partner shall purChase, the deceased partner's partnership interest. The partnership shall continue until the closing on such purchase and shall continue thereafter if there is at that time more than one partner, 4 Section 6,2. Transfer Durlna Lifetime. In the event a partner shall desire to dispose of his partnership Interest In any mann8r, he must first offer to sell hia entire interest to the other partner, who shall have thirty (30) days from ths date of said offer to accept. If the offer is not accept ad within the thirty (lO) day period, the offeror partner may dispose of his interest in any way he sees fit, provided however, that nothing contained herein shall prevent the other partner (rom exercising hia right to withdraw and terminate this partnership as provided by law, Section 6,3. fU~Be Price~ (a). The price at which a partnarship interest shall be offered and pUrchased hereunder ehall be its proportionate share of the net fair market value of the partnership assets less all liabilitiea as determined by agreement between the partners or in absence of SUch agreement by an independent appraiser who is satiSfactory to all partiea. The purchase price as so deter- mined shall be paid in twelve (12) equal quarter annual install- ments, the first due on the closing for euch purChase, which shall be the first business day of the calendar quarter coincident with or next following the acceptance of the offar, and continuing on ths firat business day of the next aleven (11) succeeding quarter annual perloda after the first payment I provided, the purchaser ahall have the right to pay the outstand- ing balance in full at any time without penalty. Interaat shall be paid cn the unpaid balance at the rate of nine (9\) percant 5 per annum. Such interest shall run from the due date of the first payment, and upon the due date of each subsequent payment, there shall be paid all interest accrued to that date. (b). Payment for the partnership interest of a deceased partner shall be made in the saMe manner as set forth in paragraph (a) hereof, except that (i) the entire amount payable by the other partners, to the extent of any insurance proceeds received by virtue of the partner's death, if any, shall be paid to the personal representative of the deceased partner within sixty (60) days after the date of death or within ten (10) days after the receipt of such insurance proceeds, whichever date is later I and (ii) if the amount by which the purchase price exceeds the insurance proceeds received by the partner is less than Two Thousand Dollars ($2,000.00), it shall be paid in full within twelve (12) months from the death of the deceased partner. No interest shall be due on this amount, if it is timely paid, ARTICLE VII DISSOLUTION, TIRHINATION OR WITHDRAWAL Section 7,1, Dissolution or Withdrawal, The partnership shall not be dissolved except upon agreement by all partners, In the event a partner does attempt to dissolve the partnership, he shall be treated as a withdrawing partner, and his rights and liabilities shall be determined under Section 7.2. A partner may withdraw from the partnership at any time upon giving ninety (90) days written notice to the remaining 6 partners. section 7.2. Riahts of withdrawina Partner, If a partner withdraws from the partnership, the remaining partner shall have the right but not the obligation to purchase the withdrawing partner's partnership interest at the price and in the manner determined under sections 6.2. and 6.3. hereof. If the remaining partners do not exercise therr right of purchase, the withdrawing partner, may nevertheless, withdraw from the partnership in which event, unless there is more than one remaining partner, the partnership shall terminate, and its assets be distributed to the partners in accordance with their interests. section 7,3, Continuation of Partnershio. If any remaining partner does exercise his right of purchase as provided in Section 7.2, the partnership shall continue until the closing on such purchase and shall continue beyond the closing if there is at that time more than one partner. ARTICLE VII MISCELLANEOUS Section 8.1. Entire Aareement. This Partnership Agreement constitutes the entire agreement between the parties. It shall not be amended in any respect unless such amendment is in writing executed by all partners. section 8.2. Governina Law. This Agreement and all provisions thereof shall be governed 7 by the laws of the Commonwealth of Pennsylvania. Bection 8.]. Severability, In the event any provision of this Agreement shall be held to be unenforceable or void, the same shall not affect the remaining portions thereof, which shall remain in full force and effect. Section 8.4, BindinQ Effect, This Agraement shall inure to the benefit of and bind the heirs, assigns and successors of the parties hereto. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have executed this Agreement the day and year first above written. WITNESS' DENNIS KIVIN MULHOLLAND / 8 .. .",;' j,- , . , , i , ; I I , , ;,; , ! , , 1'..-, '! . , , ; t. . I ; !! ~ !. -It " I' "'J' v-: ~. ~ , " ff /' .... ,'.1 /1',." " ..;)/ II! h " w i i ,r IJ r!: C --fJ7 q{ q/J.,~L'" G. )1 tLll.~ A~, . t. "' COMMONWEALTH OF PENNA: COUNTY 01' \JAllI'IIIN I fiHEltlFF'H IIIITlIlIN NO, 95-3119 Civil Tem PAliI': J54 AND NOW: June 28th WITIIIN __~p.1.a.il.~t__~n_d..N..o_t}_c_<:_ Elizabeth Miller UANDlNO TO Elizabeth Miller, at [),C.C.H 10 95 ,III Jl15 P.~l. HHIIVliIJ TIIB lIPON IIY PHIIHONAI.I.Y A TRUE ATTEST1W COPY OF TUB ORIOINAI. Complaint and Notice AND MAKINO KNOWN TO her Tim CONTENTS 'l'UIlIWOF AT the Dauphin County Courthouse, Front & Market St. Harrisburg, Pa, HO ANH'YliIlli 4) ..... CT"'\ W..&:.~~~ ~___ SHERIFF OF DAUPHIN COUNTY, PENNA II Y (;tOILf)l) ';U) :J1{J.!Jin~__ IJHI'IITY 1)111':1111'1' 6UIHll: r j hood l. 0 "t."{~::;" " tOTIIONO'l'AIIY Sworn and before me this '1 HIIIWIFF'H elHlT $ $).50 filA In'Tn6 Court ci C.:mmon rla::s or c:J:....:.;,t.!::nd (;.:JU:-i",'Y, Pannsyl'lc::ni= LJerll1is Kevin Mll)l~lllnnd "/9. III iZBhelh ^. Mi ller ~o. '.I"'-l.IJ1.D.Y.ILTenn.._-. :?.__. ~ow. ,June 11), )1)'15 n I S..__-",:"':)._T7-._ 0_-:;' ,.. "'""~"':""':t" """ co"~r V ::I.\. ..Jg ~~--. , ...-:"..I1.;;J__I"-""" ~.,':.t....... t;; h=nOy dcpu= th4 Sb::'..:t of 1~lllphll1 Cuunry :0 C::-J.tr: .~~, \Vrl:, t!:!s d.rpuc.:cu bti:1t =d.: u Us re-qu=c :.:d :Uk ol :..:r: ?!3.l:.:5. ,,,,'(<'.,.,.."" ' -t!::.~ r ~~~,,-;,.:.c _,,/i...c.4" SlI~ at C;::bllli..ll:d C~W1lT, 1':1. . Affidavit oi SemC8 ~OW, 19 . u o'dea ~c. 1:::".-= t!:. ~t!:Ju '~poQ u by !=ci!:tf lQ & c::::pr of :::1 ~r.p:u " SlId ::wlI bOW'll lD - :.'a .:::1te::.t3 ~~::::i. So uuwcn, 1hcr'.5 of ColOlrr, h. Swom Uld rolblcr1>ed be{cIW :1I:.!:is_6vol 11)_ C051'3 Su'v1CZ _ ~a:u..\GE .\.:"71DA VIT .s --"'---- s f.-.- "-.. l:H - '-, ;II:: U-. . , rl"t N .. i lq ctl --. :::J -'. Ii t e'" "' Iii !i!.1 i~ :S~jS!1 i = f ~ = III , . . ~ ----~~-- --- _._~---- EL I ZAIlETII A. M 1 L.!,Ell, CIVll, ACTION - LAW ..,"...1/'/7 y,;,t. DENN 18 KEV 1 N MtJLIIOl,LAND, ) N TilE COtJHT OF COMMON I'),EAS CUMllImLAND COUNTY, PENNSYLVANIA Plaint iff NO. 95 - 3 119 CIVIL 'I'lmM v, Defendant J{OTICI TO PLIAD To: Dennis Kevin Mulholland cia Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Defendant's New Matter and Counterclaim within twenty (20) days of service hereof or a judgment may be entered against you. IIEPFORD, SWARTZ & MORGAN Dated. I;0J~~. 111 North Front St reet I'. O. Box BB9 lIarrisburg, PA 1710B-OBB9 (717) 234-4121 A'I'TOIWEYS FOR m;FENDAN'l' M,ff..~/7./7.951.t. DENNIS KEVIN MULIlOI,LAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 95-3119 CIVIL TERM v. ELIZABETH A. MILLER, CIVIL ACTION - LAW Defendant ANSWER I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that on or about November 3, 1993, the partnership between Plaintiff and Defendant was dissolved. It is specifically denied that the partnership dissolved due to the Defendant's inability to perform any business responsibilities. To the contrary, the partnership dissolved due to Plaintiff's continued failure to meet his business responsibilities, continued financial well his as as irresponsibility. As to the itemized amounts of money owed by the partnership, those items, except for the Cellular One (October 1993) in the amount of $152.13, are denied as Defendant is without knowledge or information sufficient to form a belief as to the 1 5. Denied. It is specifically denied that the Defendant is responsible for the payment of the amounts as itemized, or that she is responsible fOI- $7,186.12. To the contrary, Defendant has made payments on other outstanding partnelship billa that would offset any amounts alle'led owing by the Plaintiff. By way of further answel-, see the al legat ion6 Bet tenth in the NlU'LMa\..t.!.U: below. 2 ..,11..11 11.9';'1. truth of said allegations and, as such, they are denied, and strict proof is demanded thereof if deemed material. By way of further denial, the Plaintiff has pOllllession of the financial information and books of the partnership, so Defendant does not have sufficient information to do anything but deny said allegations. As to the Cellular One (October 1993) amount of $152.13, said amount is denied as being owning as the Defendant has satisfied that amount. Further, it is specifically denied that there were any loans made to the partnership by Kathy Zeigler. It is further alleged that the items charged for the United Telephone equipment are the sole responsibility of Plaintiff as he continues to have possession and use of said equipment. The other items that remain owing should also be the sole responsiblity of the Plaintiff as he continued to draw funds from the partnership accounts when said amount should have been pa id. ..dl..J7. I7.tIsl.f, WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed with prejudice and assessment of costs against Plaintiff as well as any other relief the Court deems proper. NEW MATTER 6. Paragraphs I through 5 are incorporated herein by reference thereto as if set forth in their entirety. 7. Plaintiff received payment of $1,500 from Richard and Sharon Etter for the sale of partnership property, and has not accounted for those funds to the Defendant. B. Defendant is entitled to a credit of $750 for any amounts that Plaintiff alleges owing as a result of the payment made by Richard dnd Sharon Etter for partnership property. 9. Subsequent to the dissolution of the partnership, Defendant paid One Thousand Dollars ($1,000) to Plaintiff to be applied to Partnership debts and, therefore, is entitled to a credit for that payment against any amounts alleged by Plaintiff as owing by Defendant. 3 , ...1'../7., 7.~5/,t. 10. Should it be determined that the Plaint if f owes the Defendant money, then the Defendant is entitled to a return of the One Thousand Dollar ($1,000) payment she made to the Plaintiff and her share of the $1,500 paid by Mr. and Mrs. Etter to Plaintiff. 11. Plaintiff had agreed upon the dissolution of the partnership to accept responsibility for the payment of all the amounts allegedly owing, as set forth in Paragraph 4 of Plaintiff's Complaint and that Defendant would not be responsible for any of those debts. WHEREFORE, Defendant respectfully requests that the Plaintiff's Complaint be dismissed and she be provided with credit for the amounts paid to the Plaintiff, in addition to interest and costs of this proceeding as well as any other relief the Court deems proper. COUNTBRCLAIM 12. Paragraphs 1 through 11 are incorporated herein by reference thereto as if set forth in their entirety. 13. Upon dissolution of the pal"tnership, Defendant continued to pay on various pal"tnership debts. Those debts fOI" which the Plaintiff is also responsible are as followsl 4 ,..,11,,,..1,,, 1Vill. a. Ritz camera; b. Cellular One; c. Pittney Bowes; and d. Citibank Visa/Mastercard and PSECU debts for partnet-ship ope rat ing expenses and capitalizat ion. 14. Plaintiff is l-esponsible for one-half of the amounts owing to the above-itemized creditors of the partnership. 15. It believed, and therefore alleged, that the Plaintiff drew out funds for personal use from the partnership accounts against his share of the net business profits, and his capital account, all of which was in excess of that to which he was otherwise entitled under the partnership agreement. 16. Said amounts drawn out of the partnership accounts by Plaintiff was in excess of his capital contribution and his share of the partnership net proceeds. 17. Said amounts drawn out of the partnership accounts by Plaint iff was in excess of those amounts drawn by the Defendant, and in exceus of Lh.~t to which he was otherwise entitled. ,- ~ . ...ff.../7.' 7.Q5/,f, 18. As such, Defendant makes a claim against the Plaintiff for her share of the funds drawn out of the partnership accounts by the Plaintiff in excess of that to which he was otherwise entitled. 19. Since the Plaintiff has possession and control of the partnership bank account information and financial books, Defendant cannot state with specificity the amounts that the Plaintiff had drawn from the accounts or the amounts to which he was not otherwise entitled. 20. Defendant has requested of the Plaintiff to provide the Defendant with access to the partnership's books and financial records and/or provide an accounting to the Defendant as to the assets and debts of the partnership upon dissolution. Plaintiff has continually failed and refused to provide Defendant access to the partnership financial records and books or provide an accounting. WHEREFORE, Defendant respectfully requests judgment against Plaintiff and relief as follows: a. An accounting by the Plaintiff of partnership assets and debts; 6 . ~df.;/7.' 7V,!,f, b. order the Plaintiff to provide Defendant access to all the partnership bank account information and financial books and records. c. Judgment against the Plaintiff for amounts he withdrew from the partnership accounts in excess of his capital contribution and partnership share of the net proceeds of the partnership I and c. Judgment against Plaint if f for his share of the partnership debts which the Oefendant has paid since the dissolution of the partnership and which Plaintiff remains responsible to pay. Respectfully submitted, HEPFORD, SWARTZ &. MORGAN B '/2j~.k~',- y -enns-(1i. 91(eaffer Attorney 1.0. 1139182 111 North Pront Street P. (). Box fl!l9 Harrlsburg, PA 17108-0889 Oatel ?1J;19>' 1\'I"I'OHNf:Yfl POI< DEPENDANT 'I VERIFICATION I, Elizabeth A. Miller, verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of IB Pa.C.S. g4904 relating to unsworn falsification to authorities. . ..Jf.',J7./7.9Y.1. CERTIFICATE OF SERVICE AND NOW, this I8'Ji day of July, 1995, I, Sharon L. Smith, for the firm of Hepford, Swartz & Morgan, hereby certify that a copy of the foregoing document was served by first-class U. S. Mail, postage prepaid, to the following: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 ~~ c-~ S aron L. Sm t'h ~ ..' '. ;:1 C:J - tJ 11&";1, ~l , . ~ ~~ '" ~ ~ ~ f: ~ ~ ~ I .... t;l I I .... tJ in .... . .. g ~ ~ ...~ +! . ~'O ~~ I> el 01 ~ ~ .... .. .... ~ I M i ~ ~ .A ,- I 01 .........._, , 8 , . . ' 'I ' \. i " .1 'I DENNIS I , IV. KEVIN MULHOLLAND, plaintiff IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I NO. 95-3119 CIVIL TERM I I ELIZABETH A. MILLER, Defendant PLAIHTIWW'8 R.PLY TO HI. MATTIR AND COUHTIRCLAIN AND now comes, Dennis Kevin MUlholland, Plaintiff in the above-captioned matter, by and through his attorney, Robert L, ;1 O'Brien, Esquire, and answers as followsl 1 - 6) No answer required. 7) Denied, The Plaintiff received $750.00 for the aale of :: certain property located at 101 E, High Street, The check waa 'I received in January of 1994 after the dissolution of the ,ipartnership and the Defendant had already given up all right. in partnership property. 8) It is denied that defendant is entitled to a credit as set forth in the response in paragraph 7. ! thousand dollars towards the partnership debts. 9) It is denied that the Defendant paid Plaintiff one And strict proof thereof is demanded at the time of trial. 10) The responses in paragraphs 7-9 are incorporated herein. 11) Plaintiff denies that there was any agreemsnt that he would become responsible for any existing partnership debts at the time of its dissolution. The Plaintiff only agreed that he 1 ". would be solely responsible for all debts acoruing subsequent to the dissolution of the partnership. 12) The answers to paragraphs 1-11 are incorporated herein, 13) After reasonable investigation, the Plaintiff i. without enough information to form a belief a. to the truth of the averments. Plaintiff believes that any amount. paid to the particular creditors Defendant has identified were payments made on behalf of her personal obligation rather than partnership obligations. By way of further answer, the Defendant effectively withdrew from the partnsrship by failing to report to work and conduct or do any investigations shortly after July 1, 1993. Despite this nonperformance, she withdrew $7,500.00 from the company. 14) Plaintiff believes and therefore avers that ths amounts that the Defendant makes claim as a partnership debt are in fact individual debts of the Defendant owing to the various creditor. and not partnership debts. Plaintiff denies that he withdrew excess amounts from the business or his capital account, A. stated, it was the Defendant who failed to produce any work or income for the partnership and who withdrew excessive amounts from the partnership funds. 16) Plaintiff specifically denies that the amounts which were withdrawn by him from the partnership income was excessive in reference to the capital contribution for his share of ths partnership profits. :I 17) As stated aforesaid, it was the Defendant who wished to not work in the partnership yet still get paid and who reoeived exoess payments from the partnership, 18) Plaintiff denies that he withdrew exoess funde from the partnership and striot proof to the contrary is demanded at the time of trial. 19) Plaintiff denies that he withdrew amounts from the partnership to which he wae not entitled and etriot proof to the contrary ie demanded at the time of trial. 20) plaintiff denies that Defendant has requested that Plaintiff provide access to the partnership books or finanoial reoords or an accounting at any time prior to dissolution. Subsequent to the dissolution, the Defendant has also failed to request any access to the former partnership's books, finanoial records or an accounting. WHEREFORE, Plaintiff respeotively requests that the Defendant's counterclaim be dismissed. Respectfully submitted O'BRIEN, BARIC' SCHERER ~~ \ BY J.~ Robert L. O'Brien, Esquire Attorney for Plaintiff I.D, . 28351 17 West South Street CarliSle, PA 17013 (717) 249-6873 3 * I verify that the statements made in the foregoing Reply to New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~ '1..1,lI. .d J.. ; ENNIS K IN MULHOLLAND Datedl Ai'Il/; '! J9'Jr' O'UIEN, IARIC I ICHUER LAW om CEI " WIlT IOUTH IT CARLIILI PA, 17013 (7171 249.6473 4 C""'.'.'_.._".,,".~.i""'-__.^'.-._"' 4: ,I jri,ol r' ".-it'~ . ... .....- ._.