Rumbaugh v. Beck

601 A.2d 319, 411 Pa. Super. 220, 1991 Pa. Super. LEXIS 3987
CourtSuperior Court of Pennsylvania
DecidedDecember 31, 1991
Docket1706-1708
StatusPublished
Cited by12 cases

This text of 601 A.2d 319 (Rumbaugh v. Beck) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rumbaugh v. Beck, 601 A.2d 319, 411 Pa. Super. 220, 1991 Pa. Super. LEXIS 3987 (Pa. Ct. App. 1991).

Opinions

MONTEMURO, Judge:

The parties in this action in conspiracy and fraud cross-appeal from the trial court’s order denying their post-trial motions and entering judgment in favor of plaintiff Robert Rumbaugh and against defendants Norman H. Beck, Jr., Joan Beck and Joseph W. Chandler. Having carefully reviewed the record in this case, we affirm in part and reverse in part the judgment against Chandler and remand for an assessment of an appropriate damage award. We quash the appeal of appellants Joan Beck and Norman Beck.

In 1976, defendant-appellant Norman H. Beck and plaintiff-appellant Robert Rumbaugh (Rumbaugh) incorporated Beck-Rumbaugh Associates, Inc. (“Corporation”) to sell office equipment and supplies as manufacturers’ representatives. Beck owned 51% of the corporate shares and Rum-baugh owned 49% of the corporate shares. The relationship between Beck and Rumbaugh eventually deteriorated, resulting in almost continuous litigation since 1979, including [225]*225an action brought in 1979 in federal district court by Rum-baugh, the instant action brought by Rumbaugh in the Philadelphia Court of Common Pleas in 1984, and a filing by Beck for voluntary bankruptcy of the Corporation in 1985.

In the federal district court suit, Rumbaugh claimed that Beck breached an agreement to purchase Rumbaugh’s 49% ownership interest in the Corporation and alleged other wrongful conduct on the part of Beck and the Corporation; the jury determined that Rumbaugh was entitled to recover $135,109.00 from Beck personally for breach of the agreement, as well as an additional $5,000 from Beck and $28,000 from the Corporation. The jury also determined that the Corporation was entitled to $8,154.00 from Rumbaugh on its counterclaim for breach of a non-competition agreement. As a condition of execution of the judgment, the district court required that Rumbaugh deposit his stock in the Corporation with the court. See Rumbaugh v. Beck, No. 79-3849 (E.D.Pa. June 1, 1983) (Hannum, J.). The decision was affirmed on appeal to the United States Court of Appeals for the Third Circuit. See Rumbaugh v. Beck, 841 F.2d 1120 (3d Cir.1988).

In 1984, Rumbaugh brought this action in equity as an individual and on behalf of all other shareholders of the Corporation, alleging the existence of three different conspiracies as well as fraud and unlawful conversion. The first count was brought individually and on behalf of the stockholders of the Corporation against the five individual defendants and the defendant realty company and asserts that the defendants conspired to and did convert the assets of the Corporation, primarily by (1) causing fraudulent mortgages to be recorded as liens against the Florida condominium owned by the Corporation and (2) diverting rental income from the condominium. The second claim asserts a claim on behalf of Rumbaugh as an individual, alleging an illegal conspiratorial relationship between defendants Norman Beck, Joan Beck, Biborosch, Chandler, Del Collo and Plum Realty, Inc. (the Becks’ real estate agent) to convert the assets of the Corporation and thereby prevent [226]*226Rumbaugh from executing on the judgments he won in federal court against the Corporation and Beck. The third count, brought individually and on behalf of the Corporation, alleges an unlawful agreement between defendants Norman Beck and Joan Beck to deprive Rumbaugh of his share of profits from the Corporation between 1981 and the time of trial. Rumbaugh asserted his fourth and final count as an individual against Norman and Joan Beck, requesting an accounting of all money and commissions received on account of the Corporation’s business. The complaint sought compensatory and punitive damages arising out of the alleged conspiracies and fraudulent conversion; the complaint also requested an award of counsel fees.

Five months after the present suit was brought, the Corporation filed a voluntary petition in bankruptcy under Chapter 7 of the Bankruptcy Code. At the trial in the instant case, Rumbaugh argued that the filing of the bankruptcy was part of the defendants’ ploy to defeat Rum-baugh’s ability to execute on the judgment.

Following a bench trial, the trial court concluded that defendants Norman H. Beck, Joan Beck and Joseph Chandler conspired to deprive Rumbaugh of his share of the condominium and assets of the Corporation; the court concluded that the Becks and Chandler wrongfully diverted corporate assets for the purpose of sheltering funds from lawful execution by Rumbaugh. The chancellor awarded Rumbaugh monetary compensation and counsel fees, but denied Rumbaugh’s request for punitive damages. The court ruled against Rumbaugh on the remaining allegations of conspiracy.

Rumbaugh, the Becks and Chandler brought these cross-appeals following the trial court’s denial of their post-trial motions and entry of judgment in favor of Rumbaugh. Initially, we note that appellants Joan Beck and Norman Beck have filed a pro se appellate brief with this Court. Their brief violates numerous rules of appellate procedure insofar as the Becks have failed to include a statement of [227]*227jurisdiction, a statement of the questions involved, a statement of the case, a summary of the argument, a short conclusion stating the precise relief sought, and any designated argument section. See Pa. R.A.P. 2111(a), 2114, 2115, 2116(a), 2117, 2118, and 2119(a). A review of the record shows that in fact, the Becks’ brief is merely a repetition of their proposed findings of fact and conclusions of law and their post-trial motions which were submitted to the trial court. It is well-established that such blatant violations of the rules of procedure may result in dismissal of the appeal. See Vaskie v. West American Insurance Co., 383 Pa.Super. 76, 556 A.2d 436, 438 n. 1 (1989); Commonwealth v. Ely, 381 Pa.Super. 510, 554 A.2d 118 (1989); Commonwealth v. Stoppie, 337 Pa.Super. 235, 486 A.2d 994 (1984); Lucarelli v. W.C.A.B., 119 Pa.Cmwlth. 72, 546 A.2d 151 (1988). We are unable to determine precisely what the Becks’ allegations of error are or make any rulings on them, as the Becks have failed to properly state any questions for our review. We therefore quash the appeal of Joan and Norman Beck.

Appellant Joseph Chandler raises five issues on appeal: (1) whether the trial court erred in refusing to grant Chandler’s motion for a non-suit on the basis that Rumbaugh failed to meet his burden of proving that Chandler was involved in a conspiracy; (2) whether the trial court erred in concluding that Rumbaugh had standing to pursue a shareholder’s derivative action in accordance with Pa. R.C.P. 1506; (3) whether the trial court lacked jurisdiction to resolve this dispute given the pending bankruptcy action of Beck-Rumbaugh Associates, Inc.; (4) whether the trial court erred in denying Chandler’s motion for a non-suit on the basis that Rumbaugh failed to prove damages; (5) whether the trial court erred in denying Chandler’s motion for a nonsuit on the basis that Rumbaugh’s total interest in Beck-Rumbaugh Associates was fully litigated and liquidated in a prior action in federal court. Plaintiff-appellant Rumbaugh raises one additional issue on appeal: whether [228]*228the trial court erred in assessing the amount of damages and refusing to award punitive damages.

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Rumbaugh v. Beck
601 A.2d 319 (Superior Court of Pennsylvania, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
601 A.2d 319, 411 Pa. Super. 220, 1991 Pa. Super. LEXIS 3987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rumbaugh-v-beck-pasuperct-1991.