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HomeMy WebLinkAbout08-5223Elliot A. Strokoff, Esq. Strokoff & Cowden, P.C. 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 eas@strokoffandcowden.com G. SCOTT MCQUINN, Plaintiff V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0$ - 5aa.3 eiq,l (er CIVIL ACTION-IN EQUITY W A T T r r 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 Plaintiff. 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 249-3166 or 1-800-990-9108 G. SCOTT MCQUINN, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP S oZ ?- 3 SUPERVISORS, Administrator NO. of the Pennsylvania State Association of Township CIVIL ACTION-IN EQUITY Supervisors Pension Plan, Defendant A V I S O USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 249-3166 or 1-800-990-9108 G. SCOTT MCQUINN, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP ?- ,7d93 crv. ?e SUPERVISORS, Administrator NO. of the Pennsylvania State Association of Township CIVIL ACTION-IN EQUITY Supervisors Pension Plan, Defendant COMPLAINT IN EQUITY 1. The Plaintiff, G. Scott McQuinn, is an adult individual residing at 45 Stephania Drive, Middletown, Dauphin County, Pennsylvania 17057. 2. The Defendant, Pennsylvania State Association of Township Supervisors (hereafter "PSATS"), is the Plan Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan (hereafter "Pension Plan", and has its principal place of business located at 4855 Woodland Drive, Enola, Cumberland County, Pennsylvania 17025. 3. PSATS has adopted the Pension Plan, for the benefit of its employees, which consist of the following documents: 1) a "Defined (hereafter consisting 2) an "EGTRRA Prototype consisting Benefit Prototype Plan and Trust" referred to as Prototype Plan) of 70 pages; Amendment"" to the Defined Benefit Plan and Trust, dated June 1, 2002, of 6 pages; 'EGTRRA is the acronym for Economic Growth and Tax Relief Reconciliation Act of 2001. 1 3) a "Post-EGTRRA Amendment to the Defined Benefit Prototype Plan and Trust", dated October 3, 2003, consisting of 2 pages; 4) an "Adoption Agreement" dated December 13, 2002, (hereafter referred to Adoption Agreement) consisting of 25 pages; and 5) an EGTRRA Amendment to the PSATS Pension Pan dated December 13, 2002, consisting of 5 pages. Because of their length, all of these documents will not be appended to this Complaint, but copies of the provisions of the Pension Plan referred to in this Complaint will be attached hereto. 4. The Plan Administrator has maintained that the Pension Plan is not subject to the Employee Retirement Income Security Act (ERISA). Paragraph 11 of the Adoption Agreement (attached as Exhibit A hereto) provides that the Pension Plan shall be governed by the laws of the Commonwealth of Pennsylvania. 5. The Plaintiff was employed by PSATS from September 11, 1989 through January 13, 2006. 6. By virtue of his employment with the PSATS, the Plaintiff became a participant in the PSATS Pension Plan beginning October 1, 1989. 7. The PSATS Pension Plan is a defined benefit plan, providing retirement benefits according to a formula based upon 500 of average compensation and years of service. 8. Section 4.1 of the Prototype Plan (attached as Exhibit B hereto) provides in pertinent part as follows: The Employer shall pay to the Plan from time to time such amounts in cash as the Administrator and Employer shall determine to be necessary to 2 provide the benefits under the Plan determined by the application of accepted actuarial methods and assumptions. 9. Sections 4.2 of the Prototype Plan (attached as Exhibit B hereto) provides in pertinent part: . . . There must be an actuarial valuation of the Plan at least once every year. . . . 10. The Plaintiff was born on January 8, 1968 and as a vested participant in the Pension Plan, according to the terms thereof, would be entitled to a monthly retirement benefit of $2,130.14 for life beginning on February 1, 2030, his normal retirement date, or the sum of $1,497.40 for life beginning February 1, 2023, an early retirement benefit to which he is entitled by virtue of completing 10 years of service. 11. The Pension Plan is not covered by the Pension Benefit Guarantee Corporation (see T56 of the Adoption Agreement, attached as Exhibit C hereto), nor is the participant allowed to direct how the investment of the funds securing his pension are to be made. (see T53 of the Adoption Agreement, attached as Exhibit C hereto). 12. The Plan Administrator for the Plan is the Pennsylvania State Association of Township Supervisors (see Section 10 of the Adoption Agreement, attached as Exhibit A hereto). 13. Paragraph 2.4 of the Prototype Plan (attached as Exhibit D hereto) provides in pertinent part that: 3 The primary responsibility of the Administrator is to administer the Plan for the exclusive benefit of the Participants and their Beneficiaries, subject to the specific terms of the Plan. . . . The Prototype Plan specifically designated the Plan Administrator as a fiduciary. (See 110.14 of the Prototype Plan, attached as Exhibit E hereto). 14. Paragraph 2.5 of the Prototype Plan (attached as Exhibit F hereto) provides that: The Administrator shall keep a record of all actions taken and shall keep all other books of account, records, and other data that may be necessary for proper administration of the Plan and shall be responsible for supplying all information and reports to the Internal Revenue Service, Department of Labor, Participants, Beneficiaries, and others as required by law. 15. Under the terms of the Pension Plan, the Plaintiff has no ability to cash in or roll over his vested benefit prior to his early retirement age on February 1, 2023, and therefore must rely upon the Plan Administrator to properly administer the Plan, and assure that the Plan is properly funded, in accordance with acceptable actuarial principals, to secure the future payment of his, and the other participants', defined benefits. 16. By correspondence from the Plan Administrator's legal counsel, dated January 15, 2007, the Plaintiff was provided with a copy of the financial report for the PSATS Pension Plan for the period ending December 15, 2005, which report showed total assets of $2,403,651.30, with an estimate of the present value of 4 vested benefits of $3,856,069, representing an unfunded liability of over $1.4 million. Also, the financial information provided to the Plaintiff on January 15, 2007 showed that $1,345,151.34 of the $2,403,651.30 in assets was invested in equities/bonds. 17. By email to the Plan Administrator on March 17, 2008, the Plaintiff requested "the most up-to-date complete and full financial report as to the solvency of the fund as soon as possible." 18. In response to the Plaintiff's aforementioned email request the Defendant's Director of Management Services, by letter dated April 1, 2008, provided Plaintiff with a Statement of Assets as of December 15, 2007, without any statement of liabilities. 19. By letter dated June 10, 2008 to counsel for the Defendant, Plaintiff's counsel requested "a copy of every Summary Actuarial Valuation Results that has been prepared subsequent to April 11, 2006". 20. By letter dated June 25, 2008 to Plaintiff's counsel (but not received in Plaintiff's counsel's office until July 9, 2008), Defendant's counsel advised that the requested summary of actuarial valuation results "will not be voluntarily providing." 21. By letter dated July 25, 2008 to Defendant's counsel, Plaintiff's counsel again reiterated his request for the summaries of actuarial valuation results. 5 22. To date, the Defendant has refused to provide the Plaintiff with the reports, records and information which are reasonably necessary to advise the Plaintiff if his future defined retirement benefits are financially and actuarially secure. WHEREFORE, the Plaintiff prays this Court for judgment in his favor, and against the Defendant, for an order directing the Plan Administrator to provide Plaintiff with all complete and full financial reports of the Pension Plan issued since April 11, 2006, complete and full actuarial reports, and summaries thereof, prepared by the Pension Plan's actuary since April 11, 2006, plus costs, any allowable attorneys fees, and such other relief deemed just and appropriate by the Court. Respectfully submitted, STROKOFF & DEN, P.C By: -) a . 1' ZtA. St koff, Esq. I.D. No. 166 DATE: 8/28/08 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 6 Non-Standardized Non-Integrated Defined Benefit Pension Plan 2. [ ] Address and Telephone number a [ X ) Use Employer address and telephone number. b. [ j Use address and telephone number below. Address: Street Telephone: City state Zip AND, if the Trustee is a corporate Tuvstec, it shall serve as: 1. [ ) NIA. 2. [ ] a directed (nondisadionary) Trustee. 3. [ j a discretionary Trustee. to. PLAN ADMINISTRATOR'S NAME, ADDRESS AND TELEPHONE NUMBER (If none is named, the Employer will become am A ) a. [X] Employer (Use Employer address and telephone number). b. [ J Use name, address and telephone number below: Name: Address: Telephone: Sued City State -" p - it. CONSTRUCTION OF PLAN This Plan shall be governed by the laws of the state or commonwealth where the Employees (or, in the case of a corporate Trustee, such Trustee's) principal place of business is located unless another state or commonwealth is specified: 12. ANNIVERSARY DATE OF PLAN December 1 Sth month day ELIGIBILITY REQUIREMENTS 13. ELIGIBLE EMPLOYEES (Plan Section 1.22) means all Employees (including Leased Employees) EXCEPT: a. [ ] NIA. No exclusions. b. [X) The following are excluded, except that if b.3. is selected, such Employees will be included (select all then apply): 1. [ ) Union Employees (as defined in Plan Section 122) 2. [ ) Non-resident aliens (as defined in Plan Section 1.22) 3. [ ] Employees who became Employees as the result of a "Code Section 410(b)(6XC) transaction" (as defined in Plan Section 1.22) 4. [ 1 Salaried Employees 5- [ ] Highly Compensated Employees 6. [ j Leased Employees 7. [X] Other. Empjew who do not customarily work at least 20 hours per week EXHIBIT A ® Copyright 2002 Select Pension Services Defined Benefit Prototype Plan (2) A Former Perticipant who has not had Years of Service (or Periods of Service) bofore a I-Year Break in Service disregarded pursuant to (1) above, shall participate in the Plan as of the date of reemployment; or if later, as of the date the Former Participant would otherwise enter the Plan pursuant to Sections 3.1 and 3.2 talting into account ell service not disregarded. Notwithstanding the foregoing, if the 1- Year holdout rule is elected in the Service Crediting Sections of the Adoption Agreement, then a Former Participant shall not participate in this Plan until the completion of a Year of Service (or Period of Smvice) following the reemployment date. 3.6 ELECTION NOT TO PARTICIPATE An Employoc may, subject to the approval of the Employer, olect voluntarily not to participate in the Plan. The election not to participate must be irrevocable and communicated to the Employer, in writing, within It reasonable period of time bofore the Employee's first becoming eligible under any plan of the Employer to receive benefit accruals or other benefits (including no benefits) under such plans. For Standardized Plans, a Participant or an Eligible Employee may not elect not to participate. 3.7 CONTROL OF ER'TITiES BY OWNER-EMPLOYEE Effective with respect to Plan Years beginning after December 31, 19%, if this Plan provides benefits for one or more Owner-Employees, the benefits provided on behalf of any Owner-Employee shall be mado only with respect to the Earnod Income for such Owner-Employee which is derived from the trade or business with respect to which such Plan is established. ARTICLE IV CONTRIBUTION AND VALUATION 4.1 PAYMENT OF CONTRIBUTIONS The Employer shall pay to the Plan from time to time such amounts in cash as the Administrator and Employer shall. determine to be necessary to provide the benefits under the Plan determined by the application of accepted actuarial methods and assumptions. The method of funding shall be consistent with Plan objectives. However, the Employer tray pay such contributions as appropriate directly to tho Insurer, and such payment shall be deemed a contribution to the Plan to the some extant as if the payment had been made to the Trustee, if any. 4.2 ACTUARIAL METHODS In establishing the liabilities under the Plan and contributions thereto, the enrolled actuary will use such methods and assumptions as will reasonably reflect the cost of the benefits. The Plan assets are to be valued on the basis of any reasonable method of valuation that talces into account fair marketvalue pursuant to Regulations. There must be an actuarial valuation of the Plan at law once every your. This paragraph shall not apply to any Plan Year in which the Plan complies with the provisions of Code Section 412(1) relating to sully insured plans. 4.3 ROLLOVERS (9) If elected in the Adoption Agreement and with the consent of the Administrator, the Plan may accept a"rollover" provided the "rollover" will not jeopardize the tax-exempt status of the Plan or create adverso tax consequences for the Employer. The amounts rolled over shall be set up in a separate account benin referred to as e "Participants Rollover Account." Such account shall be fully Vested at all titres and shall not be subject to forfeiture for any roason. For purposes of this Section, the term Participant shall include any Eligible Employee who is not yet e Participant if, pursuant to the Adoption Agreement, "rollovers" an patmitted to be accepted from Eligible Employees. In addition, for purposes of this Section the term Participant shall also include former Employees if the Employer and Administrator consent to accept"rollovers" of distributions made to former Employees from another plan of tho Employer. (b) Amounts in a Participant's Rollover Account shall be hold by the Trustee pursuant to the provisions of this Plan and may not be withdrawn by, or distributed to the Participant, in whole or in part, except as elected in the Adoption Agreement and subsection (c) blow. The Trustee shall have no duty or responsibility to enquire as to the propriety of the amount, value or type of assets transferred, nor to conduct any due diligence with respect to such assotr, provided, however, that such assets arc otherwise eligible to be held by the Trustee under the terms of this Plan. (c) At Normal Retirement Date, or such other date when the Participant or Eligildo Employee or such Participa refs or Eligible Employee's Beneficiary shall be entitled to receive benefits, the Participants Rollover Account shell be used to provide additional benefits to the Participant or the Participant's Beneficiary. Any distribution of amounts held in a Participants Rollover Account shall be made in a manner which is consistent with and satisfies the © Copyright 2002 Select Pension Services 19 E XHIBIT B Non-StandaMized Non-Integrated Defined Benefit Pension Plan MISCELLANEOUS 52. LOANS TO PARTICIPANTS (Plan Section 7.5) a. [X] Loans are not permitted. b. [ ] Loans are permitted 53. 54. 55. IF loans are permitted (select all that apply)... c. [ ] loans will only be made for hardship or financial necessity. d. [ ] the minimum loan will be $(may trot exceed S1,000). e. [ ] a Participant may only have (e.g, one (1)) lour(s) outstanding at any time. f. [ j all outstanding loan balances will become due and payable in their cmirety, upon the occum== of a distributable evert (other than satisfaction of the conditions for an in-service distdbutionj NOTE: Department of Labor Regulations require the adoption of a separate written loan program sating forth the requirements outlined in Plan Section 7.5. DIRECTED DrMTIvdE1`Tf ACCOUNTS (Pharr Section 4.5) a. [X] Participant directed investments are not permitted. b. [ ] Participant directed investments are permitted for the following accounts (select all that apply). 1. [ ] All accounts. 2. [ J Participant's Rollover Account. 3. [ ] Participant's Section 414(k) Account. 4. [ ] Participants Transfer Accent 5. [ ] Participants Voluntary Contribution Account 6. [ I Other. AND, is it intended that the Plan comply with Act Section 404(c) with respect to the accounts subject to Participant investment direction? c. [ J No. d. [ j Yes. AND, will voting rights an directed investments be passed through to Participanw e. [ ] No. Employer stock is not an alternative OR Plan is not intended to comply with Ad Section 404(c} f. (] Yes, for Employer stock only. g. [ ] Yes, for all investments. ROLLOVERS (Plan Section 4.3) a. [XI Rollovers will not be accepted by this Plan b. [ ] Rollovers will be accepted by this Plan. AND, if b. is elected, rollovers may be accepted.. c. [ ] from any Eligible Employee. even if not a Participant d. [ ] from Participants only. AND, distributions from a Participants Rollover Account may be made... e. [ ] at any time. f [ ] only when the Participant is otherwise entitled to a distribution under the Plan. AGE (Plan Section 1.9) means the age Of & Participant at the: a. [ ] Nearest birthday b. [X] Last birthday 56. PENSION M MIT GUARANTY CORPORATION COVERAGE (optional) Will Us Plan be covered by the PB.G.C.? a. [ ] Yes b. [XI No NOTE: Catain professional service employers with less than tw?arty-six Pmticipents are exempt front P.B.G.C. coverage, as are plans maintained solely for substantial owners and other plans exempted under Act Section 4021. 57. EXCESS ASSETS (Plan section 92) upon Plan tammation shall be... EXHIBIT a. [ ] Reallocated to Participants. b. [X] Returned to the Employer. C ® Copyright 20M Select Pension services 20 Defined Benoit Prototype Plan ARTICLE U ADMINISTRATION 2.1 POWERS AND RESPONSIBMITIES OF THE EMPLOYER (a) In addidun to the general powers and responsibilities otherwise provided for in this Plan, the Employer shall be empowered to •appoint and remove the Trustee and the Administrator from time to time as it deems necessary, for the proper administration of the Plan to ensure that the Plan is being operated ror the exclusive benefit of the Participants and thew Beneficiaries in accordance with th r terns of the Plan. the Code, and the Act The Employer may appoint counsel, specialists, advisers, agents (including any nonfiduciary agent) and other persons as the Employer deems necessary or desirable in eonnootion with the exercise of its fiduciary duties under this Plan. The Employer may compensate such agents or advisers from the assets of the Plan as fiduciary expenses (but not including any business (settlor) expenses of the Employer), to the extent not paid by the Employer. (b) The Employer shall establish a "funding policy end method," i.e., it shall determine whether the Plan has a short run need for liquidity to pay benefits) or whether liquidity is a long run goal and investment growth (and stability of same) is a more current need, or shall appoint a qualified person to do so. If the Trustee has discretionary authority, the Employer or its dolegate shell communicate such nerds and goals to the Trustee, who shall coordinate such Plan deeds with its investment policy. The communication of such a "funding policy and method" shall not, however, constitute a directive to the Trustee as to the investment of the Trust Funds. Such "funding policy and method" shall be consistent with the objectives afthis Plan and with the requirements of Title I of the Act. (c) The Employer may appoint, at its option, an Invasunent Manager, investment adviser, or other agent to provide direction to the Trustee with respect to any or all of the Plan assets. Such appointment shall be given by the Employer in writing in a form acceptable to the Trustee and shall specifically identify the Plan assets with respect to which the Investment Manager or other agent shall have the authority to direct the investment (d) The Employer shall periodically review the performance of nny Fiduciary or other person to whom duties have been delegated or allocated by it under the provisions of this Plan or pursuant to procedures established hereunder. This requirement may be satisfied by formal periodic review by the Employer or by a qualified person specifically designated by the Employer, through day-to-day conduct and evaluation, or through other appropriate ways. (a) The Employer shall establish a procedure by which mandatory Employee Contributions, if required, are to be made to the Plan. Such procedure may be by payroll deduction or such other method as determined by the Employer. 2.2 DESIGNATION OF ADMINISTRATIVE AUTFIORIPY The Employer may appoint out or more Administrators. If the Employer does not appoint an Administrator, the Employer will be the Administrator. Any person, including, but not limited to, the Employees of the Employer, shall be allSiblo to serve na an Administrator. Any person so appointed shall signify acceptance by filing written acceptance with the Employer. An Administrator may resign by delivering a written resignation to the Employer or be removed by the Employer by delivery of written notice of removal, to take effect at a date specified therein, or upon delivery to the Administrator if no date is specified. Upon the resignation or removal of an Administrator, the Employer may designate in writing a suoccasor to this position. 23 ALLOCATION AND DELEGATION OF RESPONSIBILITIES If more than one person Is appointer' as Administrator, the responsibilities of each Administrator may be specified by the Employer and accepted in writing by each Administrator. In the event that no such delegation is made by the Empioycr, the Administrators may allooste the responsibilities among tbemmlvrA in which event the Administrators shall notify the Employer and the Trustee in writing of such action and specify the responsibilities of each Administrator. The Trustoc thereaftr shall accept and rely upon any documents executed by the appropriate Administrator until such time as the Employer or the Admialmors file with the Trustee a written revocation of such designation. 2A POWERS AND DUTIES OF THE ADMINMTRATOR The primary responsibility of the Administrator is to administer the Plan for the exclusive benefit of the Participants and their Beneficiaries, subject to the specific totma of the Plan. The Administrator shall administer. the Plan in accordance with its corms and shall have the power and discretion to construe the terms of the Plan and determine all questions arising in connection with tho administration, interpretation, and application of the Plan. Any such determination by the Administrator shall be conclusive and binding upon all persons. The Administrator may establish procedures, correct any defect, supply any infonnelion, or reconcile any inconsistency in such manner and to such extant as shall be deemed necessary or advisable to carry out the purpose of the Plan; provided, however, that any procedure, discretionary act, interpretation or 0 Copyright 2002 Select Pension Services EXHIBIT Defined Benefit Prototype Plan 10.10 EMPLOYER'S AND TRUSTEE'S PROTECTIVE CLAUSE The Employer, the Administrator, the Trustee, and their successors, stall not be responsible for the validity of any Contract issued hereunder or for the failure on the part of the Insurer to make payments provided by any such Contract, or for the action of any person which may delay payment or condor a Contract null and void or unenforceable in whole or in part. 10.11 INSURER'S PROTECTIVE CLAUSE Except as otherwise agreed upon in writing between the Employer and the Insurer, an Insurer which issues any Contracts hereunder shall not have any responsibility for the validity of this Plan or for the tax or legal aspects of this Plan, The Insurer shall be protected and held harmless in acting in accordance with any written direction of the Administrator or Trustee, and shall have no duty to see to the application of any funds paid to the Trustee, nor be required to question any actions directed by the Administrator or Trustee. Regardless of any provision ofthis Plea, the Insurer shall not be required to take or permit any action or allow any benefit or privilege contrary to the terms of any Contract which it issues hereunder, or the rules of the Insurer. 10.12 RECEIPT AND RELEASE FOR PAYMENTS Any payment to any Participant, the Participanes legal representative, Beneficiary, or to any guardian or committee appointed for such participant or Beneficiary in accordance with the provisions of this Plan, shall, to the extent thereof, be in full satisfaction of all claims hereunder against the Trustee and the Employer. 10.13 ACTION BY THE EMPLOYER Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority, 10.14 NAMED FIDUCIARIES AND ALLOCATION OF RESPONSIBILITY The "named Fiduciaries" of this Plan arc (I) the Employer. (2) the Administrator, (3) the Trustee (if the Trustee has discretionary authority as elected in the Adoption Agreement or as otherwise agreed upon by tha Employer and the Trustee), and (4) nay Investment Manager appointed hereunder. The named Fiduciaries shall have only those specific powers, duties, responsibilities, and obligations as arc specifically given them under the Plan including, but not limited to, any agreement allocating or delegating their tnaponsibilitics, the terms of which are incorporated herein by reference. In gvmrvL the Employer shall have the sole responsibility for making the contributions provided for under the Plaw and shall have the sole authority to appoint and remove the Trustee and the Administrator, to formulate the Plan's "funding policy and method"; and to amend the elective provisions of the Adoption Agreement or torminata, in whole or in Port, the Plan. The Administrator shall have the sole responsibility for the administration of the Plan, which responsibility is sWifrcally described in the Plan. if the Trustee has discretionary authority, it shall have the sole responsibility of management of the assets held under the Trust, except those assets, the management of which has bean assigned to an Investment Manager or Administrator, who shall be solely responsible for the management of the assets sniped to it, all as specifically provided in the Plan. Each named Fiduciary warrants that any directions given, information furnished, or action taken by it shall be in accordance with the provisions of the Plan, authorizing or providing for such direction, information or action. Furthermore, each named Fiduciary may rely upon any such direction, information or action of another named Fiduciary as being proper underthe Plea, and is not required under the Plan to inquire into the propriety of any such direction, information or action. It is intended under the Phan that each named Fiduciary shall be rcaponsi ble for the proper exercise of its own powers, duties, responsibiliti as and obligations under the Plan. No named Fiduciary shall guarantee the Trust Fund in any manner against investment loss or depreciation in asset value. Any person or group may serve in more than one Fiduciary capacity. 10.15 HEADINGS The headings and subheadings of this Plan have been inserted for convenience of reference and arc to be ignored in any construction of the provisions hereoL 10.16 APPROVAL BY INTERNAL REVENUE SERVICE Netwiihetanding anything herein to the contrary, if, pursuant to n timely application filed by or on behalf of the Plan, the Commissioner of the Internal Revenue Service or the Commissioner's delegate should determine that the Plan does not initially qualify as a tax-exempt plan under Code Sections 401 end 501, and such determination is not contested, or if contested, is finally upheld, than if the Plan is a now plan, it shall be void ab initio and all amounts contributed to the Plan, by tht Employer, less expenses paid, shall be returned within one (1) year and the Plan shall terminate, and the Trustee shall be discharged from all furthor obligations. If the disqualification relates to a Plan amendment, than the Play, shall operate as if it had not been amended. If the Employer's Plan fails to attain or retain qualification, such Plan will no longer participate in this prototype plan and will be considered an individually designed plan. O Copyright 2002 Salect Pension Services EXHIBIT 69 E E Defined Benefit Prototype Plan construction shall be dona in a nondiscriminatory manner based upon uniform prineiplcs consistently applied and shall be consistent with the intent that the Plan continue to be deemed a qualified plan under the terns of Code Section 401 (al and shalt comply with the terms of the Act and all regulations issued pursuant thereto. The Administrator shall have all powers necessary or appropriate to accomplish its duties under this Plan. The Administrator shall be charged with the duties of tho general administration of the Plan as setforth under the terms of the Plan, including, but not limited to, the following: (a) the discretion to determine all questions relating to the eligibility of as Employee to participate or remain a Participant hereunder and to receive benefits under the Plan; (b) to compute, certify, and direct the Trustee with respcet to the amount and the land of benefits to which any Participant ahell be entitled hereunder, (c) to authotizo and direct the Trustee with respect to all discretionary or otherwise directed disbursements from the Trust Fund; (d) to maintain all necessary records for the administration of the Nun; (c) to interpret the provisions of the Plan and to make and publish such rules for regulation of rho Plan that are consistent with the terms hereof, (f) to determine the size and type of any Contract to be purchased from any Insurer, and to designate the Insurer from which: such Contract shall be purchased; (g) to compute and certify to the Employer and to the Trustee from time to time the sums of money oecessary or desirable to be contributed to the Plan; (h) to consult with the Employer and the Trustee regarding the short and long-tern liquidity needs of the Plan in orderthatthe Trustee can mreisie any investment discretion (if the Trustee has such discretion), in a manner designed to accomplish specific objectives; (i) to prepare and implement a prooedure for nod fying Participants and Beneficiaries of their rights to elect Joint and Survivor Annuities and Pro-Retiremw Survivor Annuities if required by the Plan, Code and Regulations thereunder, 6) to assist Participants regarding their rights, benefits, or elections available under the Plan; (i* to act as the named Fiduciary responsible for communicating with Participants as needed to maintsia Plan compliance with Act Section 404(c) (ifthc Employer intends to comply with Act Section 404(c)) including, but not limited to, the receipt and transmission of Participants' directions as to the investment of their accounu under the Plan and the formation of policies, rules, and procedures pursuant to which Participants may give investment instructions with respect to the investment of their accounts; and (l) w determine the validity of and tube apprupriaic action with respect to, any qualified domestic relations order received by it 2.6 RECORDS AND REPORTS Thu Admiaistmitrr,trltall kaop n record of all Jrctisn4*? takan and -BW keep all othx hooks of aocouat, records, and other data that may be necessary for proper administration of the Plan and shall be responsible for supplying all information and reports to the Internal Revenue Service, Department ofLabor, Participants, Beneficiaries and others as required by law. 2.6 APPOINTMENT OF ADVISERS The Administrator may appoint counsel, specialists, advisers, agents (including nonfiduciary agents) and other persons as the Administrator deems necessary or desirable in connection with the administration of this Plan, including but not limited to agents and advisers to assist with the administration and management of the Plan, and thereby to provide, among such other duties es the Administrator may appoiut, assistance with maintaining Plan records and the providing of investment information to the Plan's investment fiduciaries and, if applicable, to Plan Participants. 2.7 INFORMATION FROM EMPLOYER The Employer shall supply full and timely information to the Administrator on mll pertinent facts as the Administrator may require in order to perform its functions hereunder and the Administrator shalt advise the Trustee of such of © Copyright 2002 Select Pension Services 16 EXHIBIT F G. SCOTT MCQUINN, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator NO. of the Pennsylvania State Association of Township CIVIL ACTION-IN EQUITY Supervisors Pension Plan, Defendant VERIFICATION I, G. SCOTT MCQUINN, certify that the statements made in the foregoing Complaint in Equity 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. §4904 relating to unsworn falsification to authorities. w S OT MCQUINN DATE: O' 2- e5. Cog 7 ie o n 03 C.` 3 G. SCOTT MCQUINN, Plaintiff V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5223 CIVIL ACTION-IN EQUITY ACCEPTANCE OF SERVICE I, THOMAS L. WENGER, Esquire, attorney for the Defendant, do hereby accept service of the Complaint in Equity on behalf of the Pennsylvania State Association of Township Supervisors on this day of September, 2008. Tlioinas L.- WengCr," Esqu;?fe Legal Counsel Pennsylvania State Association of Township Supervisors 4855 Woodland Drive Enola, PA 17025-1291 (717) 763-0930) r Tip G. SCOTT MCQUINN, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE NO. 08-5223 ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant CIVIL ACTION - EQUITY NOTICE TO PLEAD To: G. Scott McQuinn, by and through his attorneys, Elliot A. Strokoff, Esquire, Strokoff & Cowden, P.C., 132 State Street, Harrisburg, PA 17108. You are hereby notified to file a written response to the enclosed Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted, Date: ?(J/Zy to ?S WIX, WENGER &flVEIDNER By: Jeffr ark, I.D. # 89277 508 rt h Second Street P. ox 45 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant WIX, WENGER & WEIDNER Thomas L. Wenger, I.D.#15489 twenger@wwwpalaw.com Jeffrey C. Clark, I.D. # 89277 jclark@wwwpalaw.com 508 North Second Street P.Q. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant G. SCOTT MCQUINN, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant : NO. 08-5223 CIVIL ACTION -EQUITY ANSWER WITH COUNTERCLAIM 1. Admitted upon information and belief. 2. Admitted. 3. The documents of the pension plan are writings which speak for themselves. McQuinn's Paragraph 3 is denied to the extent that it does not fully comport with the writings. 4. It is admitted that PSATS has made the determination that the pension plan is governmental and, therefore, not subject to ERISA. The Adoption Agreement is a writing which speaks for itself. McQuinn's Paragraph 4 is denied to the extent that it does not fully comport with the writing. 5. Admitted. 6. Admitted. 7. Admitted. 8. The "prototype plan" is a writing which speaks for itself. McQuinn's Paragraph 8 is denied to the extent that it does not fully comport with the writing. 9. The "prototype plan" is a writing which speaks for itself. McQuinn's Paragraph 9 is denied to the extent that it does not fully comport with the writing. 10. Admitted upon information and belief. 11. The "adoption agreement" is a writing which speaks for itself. McQuinn's Paragraph 11 is denied to the extent that it does not fully comport with the writing. 12. Admitted. 13. The "prototype plan" is a writing which speaks for itself. McQuinn's Paragraph 13 is denied to the extent that it does not fully comport with the writing. 14. The "prototype plan" is a writing which speaks for itself. McQuinn's Paragraph 13 is denied to the extent that it does not fully comport with the writing. 15. Admitted. 16. The financial report provided to McQuinn is a writing which speaks for itself. McQuinn's Paragraph 16 is denied to the extent that it does not fully comport with the writing. 2 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted with clarification. It is admitted that by letter dated June 25, 2008, Defendant's counsel informed McQuinn's counsel that "[he knew] of no authority that entitled former employees to the other items mentioned in PSATS' counsel's June 10th letter, and will not be voluntarily providing [those items]." 21. Admitted. 22. Admitted in part and denied in part. It is admitted that PSATS has not complied with all demands made by McQuinn. It is denied that PSATS has an obligation to provide any or all of the items demanded by McQuinn. WHEREFORE, Defendant, the Pennsylvania State Association of Township Supervisors, respectfully requests that this Honorable Court enter an order in favor of Defendant, dismissing the Complaint, and granting such other relief as this Court deems just and appropriate. COUNTERCLAIM 23. McQuinn was an employee of PSATS until on or about January 13, 2006, when the parties determined to end the employment relationship. 24. At the termination of McQuinn's employment, he and PSATS entered into a Confidential Separation, Non-Disclosure and General Release Agreement ("Agreement"), effective January 13, 2006. A true and correct copy of the 3 Agreement is attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full. 25. Under the terms of said Agreement, Mr. McQuinn is contractually obligated to refrain from: a. revealing confidential, proprietary, or privileged information relating to PSATS; and b. making any statement to disparage, embarrass or negatively reflect on PSATS, its Executive Board, its employees or operations. 26. Additionally and independently of the above-stated contractual obligations, McQuinn has a common law duty to refrain from wrongful interference with his former employer's legal conduct of its affairs. 27. At all times relevant to this Counterclaim, McQuinn has had no relationship with PSATS either as an employee, member, or of any other nature whatsoever. 28. Since the end of his employment and in violation of his contractual and common law duties, McQuinn has interfered with, and involved himself in, the activities of the PSATS organization, PSATS' relationships with its employees, the composition and conduct of the PSATS Executive Board, and PSATS' dealing with its members and business associates for the purpose of affecting and/or harming those functions and relationships. 29. It is believed, and therefore averred, that McQuinn has wrongfully and unjustifiably sought to instigate an investigation of PSATS' contractual relationships with the Commonwealth of Pennsylvania by the Auditor General of 4 Pennsylvania for the purpose of interfering with those contractual relationships and sought to disparage, manipulate and negatively affect PSATS' governing body, its employees, and its standing with its member townships and in the community at large. 30. Due or partially due to McQuinn's actions, the office of the Pennsylvania Auditor General did in fact undertake an investigation of PSATS which has extended over a period of more than one year and has caused PSATS substantial expense and damage both in its contractual relationships and in its dealings with PSATS personnel and Commonwealth personnel. 31. General governance of PSATS is in the hands of a twelve member Executive Board, which is elected by the PSATS member townships' voting delegates at the Association's annual conference. 32. It is believed, and therefore averred, that McQuinn has engaged in multiple efforts and communications with one or more individual members of the Executive Board for the purpose of interfering with and affecting the election of one or more Executive Board members and, thereby, manipulating the Association's governing body. 33. It is believed, and therefore averred, that McQuinn engaged in multiple efforts and communications with employees and personnel of PSATS with the intent and purpose described in Paragraph 32 above. 5 34. It is believed, and therefore averred, that McQuinn engaged in multiple efforts and communications with PSATS member townships and/or voting delegates with the intent and purpose described in Paragraph 32 above. 35. Due or partially due to McQuinn's actions referred to in Paragraphs 32, 33, and 34 above, PSATS has suffered the temporary loss of key employee personnel, the temporary and/or permanent loss of Executive Board personnel, and disruption and damage to the conduct of its customary activities and its relationships with its members. 36. It is believed, and therefore averred, that McQuinn has engaged in multiple efforts and communications with one or more members of the PSATS Executive Board, and with one or more PSATS employees, and others for the purpose of interfering with PSATS' conduct of its customary activities and for the purpose of interfering with and disparaging PSATS management staff. 37. McQuinn, by his wrongful actions and interference, induced one or more of its members of the PSATS Executive Board and one or more key employees of PSATS to violate Codes of Conduct to which the Board members and employees had subscribed and to violate fiduciary and loyalty duties owed by them to PSATS. 38. Due to McQuinn's actions referred to in Paragraphs 36 and 37 above, PSATS has suffered the loss of one or more Executive Board members, temporary loss of key employee personnel, disruption of its customary activities, and harm to the cohesiveness, efficiency and productiveness of both its staff and Executive 6 Board. Further, PSATS has incurred the burden of time, effort and expense needed to protect itself against these interferences by McQuinn. 39. It is believed, and therefore averred, that McQuinn has engaged in multiple efforts and communications with officials and delegates of PSATS member townships and with persons unknown for the purpose of interfering with the conduct of PSATS' customary activities and the composition of PSATS' governing Executive Board, and for the purpose of disparaging and interfering with the PSATS management staff. 40. Due to McQuinn's actions referred to in Paragraph 39 above, PSATS and members of the PSATS management staff have incurred damage to their respective reputations and impairment of their abilities to deal with subordinate staff and to conduct the customary activities of PSATS efficiently and productively. 41. At all times relevant to this Counterclaim, McQuinn had no relationship or position with PSATS as an employee, member, associate, business invitee, or otherwise, except such contractual relationship as is encompassed by the January 13, 2006 Agreement, Exhibit "A." 42. McQuinn had no rational, legal, or equitable justification for any of the actions complained of above. 43. The foreseeable and calculated result of said actions was to interfere with, disparage, and harm PSATS, its Executive Board, and its management staff in the conduct of their customary duties and activities on behalf of PSATS. 7 44. PSATS has incurred substantial financial damage on account of McQuinn's actions herein described and complained of. 45. Further, on account of McQuinn's actions, PSATS has incurred substantial damage to its reputation among its members, among its employee staff, and among Commonwealth of Pennsylvania personnel and the parties with whom PSATS customarily conducts its activities; and substantial impairment of its employer-employee relationships, and substantial impairment of morale and mutual trust among the membership of PSATS, its Executive Board and its management staff. 46. McQuinn's actions herein complained of are wholly unsupported by any legal or equitable right or property interest. Count One - Breach of Contract 47. Paragraphs 23 through 46 are incorporated herein by reference as though set forth in full. 48. Paragraph 6 of the January 13, 2006 Agreement, Exhibit "A," states, in part: McQuinn expressly understands and agrees that he has a continuing obligation to maintain the confidences, proprietary and privileged information of PSATS and that he will not reveal or otherwise disclose to any person or entity any confidential, proprietary or privileged information relating to PSATS which he had access to, was aware of, had knowledge of or otherwise participated within the express written permission of PSATS or unless required by compulsory process or otherwise required by law .... Proprietary, confidential or privileged information means information that is not generally known outside of PSATS which derives independent value, actual or potential, from not being generally known to or ascertainable by persons outside PSATS; information that PSATS has reasonable expectation will not be disclosed to persons outside PSATS without its permission; and information covered by the attorney-client privilege. 49. Paragraph 7(a) of the Agreement states, in part: McQuinn expressly understands and agrees that following the date of this Agreement and Release he will not make, or cause to be made or published or participate in the making of or publishing of, any statement, observation or opinion or communicate any information (whether written or oral) which disparages, embarrasses or otherwise negatively reflects on PSATS, its Executive Board, its employees or its operations or any of the Releasees, unless required by compulsory process or otherwise required by law. 50. McQuinn's actions, described above, violated Paragraphs 6 and 7(a) of the Agreement by disclosing confidential, proprietary or privileged information to third parties, and by making disparaging statements which were intended to disparage, embarrass, and/or negatively reflect on PSATS, its Executive Board, its employees, and its operations; and/or to impair PSATS' relationships with its employees and members; and/or to damage PSATS' reputation and standing with its employees, members, and associates. 51. McQuinn was under no compulsory process, nor was he required by law to disclose information or communicate information about PSATS to the Auditor General, or to any other party. 52. McQuinn agreed, pursuant to Paragraphs 6 and 7(a), that these provisions were material terms of the Agreement and that violation of these provisions would be a material breach of the Agreement, and would damage PSATS. 53. The actions complained of constitute multiple material breaches of the Agreement. 9 54. McQuinn was provided the following consideration for the Agreement: a. Cash payment in the amount of $47,000.04; b. Title to a 2003 Dodge Caravan; and, c. Payment for ten vacation days. 55. Pursuant to Paragraph 15 of the Agreement, K McQuinn is determined to have violated its terms, then, in addition to any other available remedies, he shall forfeit his rights under the Agreement and return to PSATS the money or property received by him pursuant to the Agreement. 56. PSATS has incurred substantial legal fees and other expenses to address the direct effects of McQuinn's actions in breach of the Agreement. 57. McQuinn is liable for the expenses incurred by PSATS on account of his actions in breach of the Agreement. WHEREFORE, Defendant, the Pennsylvania State Association of Township Supervisors, respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, G. Scott McQuinn for breach of the January 13, 2006 Agreement, in the amount of $42,000.04, plus the value of the 2003 Dodge Caravan as of January 13, 2006, to be proven at trial, plus an amount representing pay for ten days of vacation, to be proven at trial, the amount of legal fees and other expenses incurred by PSATS, to be proven at trial, and granting such other relief as this Court deems just and appropriate. 10 Count Two - Tortious Interference with Business 58. Paragraphs 23 through 46 are incorporated herein by reference as though set forth in full. 59. At all times relevant to this Counterclaim, McQuinn was under a common law duty to refrain from tortious interference with PSATS in the conduct of its customary activities. 60. Since the end of McQuinn's employment, he has improperly, and without any legitimate reason, interfered with the workings of the PSATS organization, its employees, its governing body, and its membership as described above. 61. McQuinn, through unwarranted communications, interfered with one or more Executive Board members and one or more PSATS employees and other parties, including but not limited to representatives of the PA Auditor General, interfered with PSATS' customary activities with the intent and goal of affecting an election of the members of PSATS' Executive Board and thereby manipulating the governing board and its operations. 62. McQuinn communicated with one or more of the PSATS Executive Board members and employees of PSATS with the intent of involving himself in and affecting the business and internal operations of PSATS. 63. McQuinn had no legitimate or justifiable reason for the actions complained of. 64. It is believed, and therefore averred, that McQuinn's purpose in the above described actions was to embarrass, disparage and interfere with PSATS, its 11 Executive Board, its officers and management staff, and to hamper and negatively affect the business and operations of PSATS. 65. Due to McQuinn's actions, PSATS has lost the services and participation of one or more of its Executive Board members. 66. PSATS was forced to discipline a key PSATS employee for her improper conduct induced by McQuinn. 67. PSATS, by virtue of the required disciplinary action, was damaged by temporarily losing a valuable employee and losing the reasonable expectation of the good faith of its staff and personnel. 68. McQuinn has willfully and intentionally interfered with the internal operation of PSATS, its Executive Board, and its employees, and has willfully attempted to embarrass and harm PSATS by providing false and misleading information to the PA Auditor General. 69. McQuinn's actions were calculated to cause damage to the operations and business of PSATS. 70. McQuinn had no lawful purpose and no legitimate legal or equitable reason for his actions. 71. PSATS was damaged by the tortious interference of McQuinn. WHEREFORE, Defendant, the Pennsylvania State Association of Township Supervisors, respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, G. Scott McQuinn, in an amount to be proven at trial, and granting such other relief as this Court deems just and appropriate. 12 Count Three - Permanent Iniunction 72. Paragraphs 23 through 46 are incorporated herein by reference as though set forth in full. 73. McQuinn has interfered with the workings of the PSATS organization by interfering with Executive Board members and employees with the intent of affecting an election of Executive Board members and communicating with board members and employees to involve himself in and affect the business and internal operations of PSATS. 74. McQuinn, by his actions, wrongful interference and communications with one or more Executive Board members and one or more employees of PSATS, induced such individuals to violate written Codes of Conduct to which they had subscribed, and induced such individuals to violate fiduciary and loyalty duties owed by them to PSATS. 75. Such wrongful interference by McQuinn resulted in the resignation and/or withdrawal of one or more members of the PSATS Executive Board, and temporary suspension from employment of one PSATS key employee. 76. McQuinn communicated with the PA Auditor General for the purpose of causing the Auditor General to begin an investigation of PSATS to embarrass PSATS, its Executive Board and officers, and to hamper and negatively affect the contractual activities and operations of PSATS. 77. PSATS is entitled to an injunction, preventing McQuinn from further interference with PSATS. 13 78. PSATS' right to relief is clear: McQuinn had no legitimate basis to contact the Executive Board members or employees of PSATS to affect an election of the Executive Board or it involve himself in the business and internal operations of PSATS. 79. In addition, McQuinn is in violation of the Agreement, which obligates McQuinn to keep PSATS' confidential, proprietary or privileged information confidential, and which prohibits McQuinn from making any statement or communicating information that disparages, embarrasses, or negatively reflects on PSATS. 80. The actions of McQuinn have caused and continue to cause injury to PSATS, which cannot be compensated by money damages: McQuinn's actions affect the workings, operation, business, reputation and good will of PSATS, as well as its faith in its employees and board members, none of which can be quantified. 81. Greater injury will result from refusing, rather than granting, the requested relief. 82. The status quo will be restored by grant of an injunction. 14 WHEREFORE, Defendant, the Pennsylvania State Association of Township Supervisors, respectfully requests that this Honorable Court enter a permanent injunction preventing Plaintiff, G. Scott McQuinn, from having any further communication with PSATS employees, officers, or executive board members, from taking any further action that is designed, or may, negatively affect the operations or business of PSATS, and to enforce the Agreement, barring McQuinn from revealing information of PSATS or from communicating information that disparages, embarrasses or negatively reflects on PSATS, and grant such other relief as this Court deems just and appropriate. Date: Respectfully Su WIX, WE By: WEIDNER Jeff lark, I.D. # 89277 50 rt r econd Street P.Oox'845 Ha sburg, PA 17108-0845 (717) 234-4182 15 EXHIBIT "A" CONFIDENTIAL SEPARATION, NON-DISCLOSURE AND GENERAL RELEASE AGREEMENT This Confidential Separation, Non-Disclosure and General Release Agreement ("Agreement and Release") is entered into by G. Scott McQuinn ("McQuinn"), the Pennsylvania State Association of Township Supervisors ("PSATS") and the "Releasees" (as hereafter defined). WHEREAS, McQuinn was employed by and provided services to PSATS as an at will employee; and WHEREAS, McQuinn and PSATS have mutually decided to end their employment relationship, effective January 13, 2006; and WHEREAS, PSATS is willing to provide separation benefits to McQuinn in exchange for his covenants, releases, waivers and agreements as set forth herein; and WHEREAS, PSATS and McQuinn desire to settle, resolve, compromise, and discharge with prejudice any and all disputes or differences between them and to avoid the expense, disruption and uncertainty of litigation, and all without admitting liability; and NOW THEREFORE, it is hereby agreed by PSATS and McQuinn, and each intending to be legally bound hereby, and in consideration of the mutual promises and covenants herein, that all claims, disputes and/or differences between the parties are herewith settled, resolved, compromised and terminated with prejudice, upon the following terms and conditions: 1. Release of Claims. (a) McQuinn, on behalf of himself, his heirs, estate, representatives, successors, assigns and agents, hereby expressly and unconditionally releases, waives and forever discharges PSATS, its Trusts, affiliates, related entities, benefit plans, severance plans, Executive Board, directors, trustees, assigns, officers, agents, attorneys, employees, former employees, members and servants (collectively the "Releasees") from any and all manner of suits, actions, causes of action, claims, remedies, attomeys' fees, costs, damages, benefit claims, severance claims, issues and prayers for relief, known or unknown and of whatever kind or nature, and whether asserted by him or on account of him or on his behalf by any person or entity, against PSATS and/or any of the Releasees and/or arising out of, or in any way related to McQuinn's employment with PSATS or the termination of his employment, under any possible legal, equitable, tort, contract (express or implied), or statutory theory or cause of action, including but not limited to, claims under Title VII of the Civil Rights Act of 1964, as amended, the Employee Retirement Income Security Act, as amended, the Americans with Disabilities Act, the Family and Medical Leave Act, the National Labor Relations Act, as amended, the Pennsylvania Human Relations Act, as amended, the Pennsylvania Wage Payment and Collection Law, or for wrongful discharge, defamation, retaliation of any sort and/or any other remedy or relief of any sort whatsoever which arose on or before the effective date of this Agreement and Release and the continuing effects thereof. This provision does not apply to any claim by McQuinn relating to any vested benefits under any PSATS retirement, 401(k), profit- sharing or deferred compensation plan, or to any claim for unemployment compensation benefits, and PSATS hereby agrees, to the extent permitted by law, not to actively contest any claim by McQuinn for unemployment compensation benefits. (b) PSATS, on behalf of itself and its representatives, successors, assigns, agents, its Trusts, affiliates, related entities, benefit plans, severance plans, Executive Board, directors, trustees, assigns, officers, agents, attorneys, employees, former employees, members and servants hereby expressly and unconditionally releases, waives and forever discharges McQuinn, his heirs, estate, representatives, successors, assigns and agents (collectively the "Releasees") from any and all manner of suits, actions, causes of action, claims, remedies, attorneys' fees, costs, damages, benefit claims, severance claims, issues or prayers for relief, known or unknown and of whatever kind or nature, and whether asserted by it or on account of it or on its behalf of any person or entity, against McQuinn and/or any of the Releasees and/or arising out of or in any way related to McQuinn's employment with PSATS or the termination of his employment, under any possible legal, equitable, tort, contract (express or implied), or statutory theory or cause of action and/or any other remedy or relief of any sort whatsoever which arose on or before the effective date of this Agreement and release and continuing effects thereof. 2. Return of Property. Other than the 2003 Dodge Caravan referenced in Paragraph 3(b), McQuinn acknowledges, agrees and covenants that he has returned to PSATS any and all PSATS property in his possession or under his control, including but not limited to, files and documents of any sort obtained by him as a result of his employment, PSATS credit cards, identification cards, computer hardware and software, facsimile machines, and keys, and any and all copies of the above listed items, as of the date of his termination from employment. 3. Consideration. (a) PSATS agrees to pay McQuinn, and McQuinn agrees to accept, as consideration for this Agreement and Release and all covenants and promises set forth herein, the total sum of $47,000.04 (less applicable legal tax withholding deductions at his current withholding rate) to be paid to McQuinn in twelve (12) equal, regular semi- monthly payments of $3,916.67. The first installment of such payments shall be delivered to McQuinn at the next regular PSATS pay period after McQuinn returns an executed original of this Agreement and Release to PSATS. (b) PSATS also agrees to take all actions necessary to transfer to McQuinn full and unblemished title to the 2003 Dodge Caravan 2 (VIN# 2D4GP44L53R263779) the use of which McQuinn had previously been assigned. The parties agree that any such transfer shall be effectuated within fourteen (14) days after McQuinn returns an executed original of this Agreement and Release to PSATS; PSATS to be responsible for insurance until date of transfer. (c) PSATS also agrees to pay McQuinn for ten (10) vacation days. Payment shall be made at the time of and in addition to the last installment of the payments identified in Section 3(a) above. (d) PSATS also agrees to maintain, at PSATS' expense, McQuinn's current enrollment and coverage in the group insurance coverage maintained by PSATS for its employees through April 30, 2006. (e) McQuinn agrees that, absent signing this Agreement and Release, he would not be eligible for such separation benefits. The amount and items set forth above includes full and complete compensation for any and all claims by McQuinn or on his behalf against PSATS and or any of the Releasees as set forth in paragraph 1 herein, including but not limited to, any claims for attorneys' fees, expenses, and costs incurred by him as well as any and all claims under any other PSATS severance plan or employment separation plan, policy or practice. 4. Non-Admission of Liability. McQuinn expressly understands and agrees with PSATS in no way harmed or otherwise treated him unlawfully or discriminatorily in any manner; and this Agreement shall in no way be deemed or interpreted as an admission by PSATS or evidence of such treatment or liability. Neither this Agreement and Release nor the implementation thereof shall-be construed to be, or shall be admissible in any proceedings, as evidence of an admission by PSATS of any violation of or failure to comply with any federal, state or local law, ordinance, agreement, rule, regulation, or order; the preceding portion of this sentence does not preclude introduction of this Agreement and Release by PSATS or any of the Releasees or McQuinn in any proceeding to establish that McQuinn's claims were settled, resolved, compromised and released according to the terms of this Agreement and Release or to establish any breach of this Agreement and Release. 5. Confidentiality. McQuinn expressly understands and agrees that following the effective date of this Agreement and Release the existence of this Agreement and Release and any and all proceedings and discussions leading thereto as well as the terms and conditions of this Agreement and Release shall be kept completely confidential by him and shall not be discussed, disclosed or revealed, directly or indirectly, by him to any person, organization, corporation or entity, other than to any state or federal tax authorities or to his spouse or to his legal or tax advisor, all of whom (prior to disclosure) shall likewise agree to maintain the confidentiality of this Agreement and Release. McQuinn agrees that this provision is a material terms of this Agreement and Release and its violation would be a material breach of the Agreement and thereby damage PSATS and remove any further obligation of performance related to PSATS hereunder. 3 •' 41 6. O_bliaation to Maintain PSATS Confidential Information. McQuinn expressly understands and agrees that he has a continuing obligation to maintain the confidences, proprietary and privileged information of PSATS and that he will not reveal or otherwise disclose to any person or entity any confidential, proprietary or privileged information relating to PSATS which he had access to, was aware of, had knowledge of or otherwise participated in without the express written permission of PSATS or unless required by compulsory process or otherwise required by law. McQuinn agrees that his provision is a material term of this Agreement and Release and its violation would be a material breach of the Agreement and Release and thereby damage PSATS and remove any further obligation of performance related to PSATS hereunder. Proprietary, confidential or privileged information means information that is not generally known outside of PSATS which derives independent value, actual or potential, from not being generally known to or ascertainable by persons outside PSATS; information that PSATS has reasonable expectation will not be disclosed to persons outside PSATS without its permission; and information covered by the attomey-client privilege. 7. Non-Disparauement. (a) McQuinn expressly understands and agrees that following the date of this Agreement and Release he will not make, or cause to be made or published or participate in the making of or publishing of, any statement, observation or opinion or communicate any information (whether written or oral) which disparages, embarrasses or otherwise negatively reflects on PSATS, its Executive Board, its employees or its operations or any of the Releasees, unless required by compulsory process or otherwise required by law. McQuinn agrees that this provision is a material term of this Agreement and Release and its violation would be a material breach of the Agreement and Release and thereby damage PSATS and remove any further obligation of performance related to PSATS hereunder. (b) PSATS expressly understands and agrees that following the date of this Agreement and Release it will not make, or cause to be made or published or participate in the making of or publishing of, any statement, observation or opinion or communicate any information (whether written or oral) which disparages, embarrasses or otherwise negatively reflects on McQuinn, unless required by compulsory process or otherwise required by law. PSATS agrees that his provision is a material term of this Agreement and Release and its violation would be a material breach of the Agreement and Release and thereby damage McQuinn and remove any further obligation of performance related to McQuinn hereunder. 8. Neutral Reference. If contacted by a prospective employer, PSATS agrees that is shall contact McQuinn to advise him of that fact and shall provide any prospective employer (or other interested party) with a neutral reference indicating McQuinn's last position held, final salary, an acknowledgement that McQuinn performed his duties as Assistant Executive Director in a fine and workmanlike manner and that there existed no competency or ability issues during the term of McQuinn's 4 employment. McQuinn's separation from PSATS shall be characterized solely as a mutual and amicable decision to separate. 9. Complete Agreement. McQuinn expressly acknowledges and agrees that no promise or inducement has been offered to him except as set forth herein, that this is the complete settlement agreement and that there is not any written or oral understanding or agreement between the parties that is not recited herein. This Agreement and Release supersedes all prior oral or written agreements or understandings, except as otherwise set forth herein. This Agreement and Release may not be altered or modified in any way except in writing signed by all parties. This Agreement and Release shall be construed without the identity of the drafter. The parties also agree that this Agreement and Release shall be governed. by and construed and interpreted under Pennsylvania law (without reference to principles of conflict laws) and under federal law as applicable. 10. Non-interference with Protected Rilahts. McQuinn expressly acknowledges and agrees that PSATS has taken no action interfering with any right which McQuinn may have to file any charge, complaint or other process with any federal, state or local administrative agency or body regarding this Agreement and Release or his employment with PSATS or the termination thereof or any right to seek the guidance of any such agency. McQuinn, however, expressly acknowledges and agrees that this Agreement and Release bars any recovery (monetary or otherwise) should he file any such charge, complaint or process with any such agency. McQuinn acknowledges and represents that he has read this Agreement and Release, that he has obtained such independent counsel to review this Agreement and Release as he deems appropriate; and, that he is voluntarily entering into this Agreement and Release. 11. No Prior Actions. McQuinn expressly acknowledges, agrees and covenants that, through the execution date of this Agreement and Release, he has not filed, initiated or otherwise asserted any lawsuits, charges, complaints, or other actions against PSATS or any of the Releasees. 12. General Release. McQuinn expressly acknowledges, agrees and covenants that this is a General Release and that no reference herein to any form of claim, statute or type of ruling is intended in any way to limit the scope of the Release contained herein. McQuinn further understands, agrees and covenants that this Release is a complete defense to any action he may bring in any court or agency against PSATS or any of the Releasees as to the matters addressed herein. 13. Severabilitv. If any term, condition, clause or provision of this Agreement and Release shall be determined by a court of competent jurisdiction to be void or invalid at law, or for any other reason, then only that term, condition, clause, or provision as is determined to be void or invalid shall be stricken from this Agreement and Release, and this Agreement and Release shall remain in full force and effect in all other aspects. 5 14. Survival. The provisions of this Agreement and Release are intended to be binding upon PSATS, McQuinn and the Releasees, and their respective heirs, successors and assigns, and shall survive the performance of the obligations of this Agreement by its signatories. 15. Forfeiture Upon Breach. If McQuinn is determined by any court of competent jurisdiction to have committed any substantial violation of this Agreement and Release, then, in addition to such remedies as may be available at law against him, he shall forfeit all rights under this Agreement and Release and shall return to PSATS any money or property received by him on account of this Agreement and Release. IN WITNESS WHEREOF, the parties, intending to be legally bound hereby, have executed this Agreement and Release as of the dates set forth below. PLEASE READ CAREFULLY. THIS AGREEMENT AND RELEASE CONTAINS A. GENERAL RELEASE OF ALL CLAIMS. WIT O SS: f-4 j-, A AAA -4 od G. Scott McQuinn Date: J . 2 (a ' D (10 PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS: Donna L. a?a*k, President Date: - ds, 14 - ? ", C/156n . Haiko, Chairman Date: 0 2 ices 2004 WITNESS: R. Ke' Hite, E utive. Director Date: 27 ?-2O®6 6 WITNESS: 1 + 1 . VERIFICATION I, R. Keith Hite, Executive Director of the Pennsylvania State Association of Township Supervisors, Administrators of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant in the foregoing Answer with Counterclaim, have read the foregoing Answer with Counterclaim and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing Answer and Counterclaim are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 10/24/08 By ? r G. SCOTT MCQUINN, Plaintiff V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5223 : CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE I hereby certify that the foregoing Answer with Counterclaim was sent by first class mail, postage prepaid this day to the following: Elliot A. Strokoff, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, PA 17108-1903 Attorneys for Plaintiff Respectfully Submitted, WIX, WENGER & WEIDNER Date: By. Harva Owings Ba ghman Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Mr V G. SCOTT MCQUINN, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator NO. 08-5223 of the Pennsylvania State Association of Township CIVIL ACTION-IN EQUITY Supervisors Pension Plan, Defendant PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S COUNTERCLAIM Plaintiff, G. Scott McQuinn, by his attorney, Elliot A. Strokoff, Esq., hereby files preliminary objections to Defendant's Counterclaim in the above captioned matter as follows: 1. There is insufficient specificity in the following averments of Defendant's Counterclaim - 1128, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 44, 45, 50, 56, 57, 60, 61, 62, 65, 66, 67, 68, 71, 73, 74, and 75. 2. Special damages were not specifically stated in 1130, 35, 38, 44, 65, 67, 71 and in the ad daminum clauses to Counts One and Two. 1 r N 3. Defendant's 3 Count, 60 paragraph Counterclaim failed to set forth material facts in a concise and summary form. 4. Defendant may not counterclaim with its personal claims in a suit brought against it in its fiduciary capacity s Plan Administrator. 5. Defendant's Counterclaim otherwise fails to conform with the rules of civil procedures. Respectfully submitted, STROKOFF & COWDEN, P.C. By: Elliot A. Strokoff, Esq. I.D. No. 16677 DATE: November 17, 2008 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 2 s G. SCOTT MCQUINN, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator NO. 08-5223 of the Pennsylvania State Association of Township CIVIL ACTION-IN EQUITY Supervisors Pension Plan, Defendant CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing by U.S. first-class mail, postage prepaid, on the following person(s): Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 N. 2nd Street P.O. Box 845 Harrisburg, PA 17108-0845 ?a Date: November 17, 2008 Elliot A. Strokoff, Esq. 3 71- ? Cr ?l f *J G. SCOTT MCQUINN, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator NO. 08-5223 of the Pennsylvania State Association of Township CIVIL ACTION-IN EQUITY Supervisors Pension Plan, Defendant PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff, G. Scott McQuinn, by his attorney, Elliot A. Strokoff, Esq., hereby moves this Court for a judgment on the pleadings on the basis of his Complaint in Equity, and the Defendant's Answer thereto, averring in support thereof as follows: 1. Plaintiff's Complaint in Equity sets forth 22 averments of fact. 2. Defendant's Answer admits 14 of these averments (9[9[1, 2, 5, 6, 7, 10, 12, 15, 17, 18, 19, 20, 21, 22) and responded to the 8 remaining averments that the documents referred to in the Complaint were writings which speak for themselves (9[913, 4, 8, 9, 11, 13, 14, 16). 1 3. Therefore, based on the pleadings, there are no issues of fact and the Defendant Plan Administrator is required, as a matter of law, to provide to the Plaintiff the reports sought in the Complaint in Equity. WHEREFORE, Plaintiff moves this Honorable Court for judgment in his favor, and against the Defendant, for an order directing the Defendant to provide the Plaintiff with all complete and full financial reports of the PSATS Pension Plan issued since April 11, 2006, complete and full actuarial reports, and summaries thereof, prepared by the Pension Plan's actuary since April 11, 2006, costs of suit and Plaintiff's reasonable counsel fees. Respectfully submitted, STROKOFF & COWDEN, P.C. By: C25 za ,- Elliot A. Strokoff, Esq. I.D. No. 16677 DATE: November 17, 2008 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 \ 2 41 1? G. SCOTT MCQUINN, Plaintiff V. . PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5223 CIVIL ACTION-IN EQUITY CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing by U.S. first-class mail, postage prepaid, on the following person(s): Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 N. 2nd Street P.O. Box 845 Harrisburg, PA 17108-0845 Date: November 17, 2008 ?ot Strokoff, Esp. 3 -77 ` Cn G. SCOTT MCQUINN, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant NO. 08-5223 CIVIL ACTION - EQUITY MOTION TO STRIKE PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AND FOR STAY OF PROCEEDINGS AND NOW, comes Defendant, the Pennsylvania State Association of Township Supervisors, and files this Motion to Strike Plaintiff's Motion for Judgment on the Pleadings and for Stay of Proceedings, stating as follows: 1. Plaintiff, G. Scott McQuinn, filed a Complaint in Equity on or about September 2, 2008 2. On October 24, 2008, PSATS filed an Answer with Counterclaim. 3. Plaintiff has not filed an answer to the Counterclaim. Instead, on November 17, 2008, Plaintiff filed Preliminary Objections. 4. Defendant's Preliminary Objections have not been resolved or ruled upon by this Court. 5. On the same day as the filing of the Preliminary Objections, November 17, 2008, Plaintiff filed a Motion for Judgment on the Pleadings ("MJOP"), which is attached hereto as Exhibit "A," and incorporated herein by reference as though set forth in full. 6. Pa.R.C.P. 1034(a) states that lalfter the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings." (Emphasis added). 7. Plaintiff's MJOP is premature pursuant to the Pennsylvania Rules of Civil Procedure and relevant case law because it has been filed before the pleadings in this case have been closed. 8. Because the pleadings are not closed and Defendant's Counterclaim has not been answered or Plaintiff's Preliminary Objections resolved, the MJOP must be struck as premature. See Shoup v. Shoup, 469 Pa. 165, 364 A.2d 1319 (1976). 9. Additionally, contrary to Plaintiff's representations, certain issues of fact remain outstanding. 10. Foremost, Plaintiff requests an entry of costs of suit and reasonable counsel fees. 11. However, Plaintiff has set forth no facts substantiating his claim for the same; for instance, whether the claim for costs and attorneys' fees derives from a contract, the pension plan, or some unnamed conduct on the part of PSATS. 12. Accordingly, PSATS is entitled to perform discovery in order to determine the facts underpinning his claim for attorneys' fees and costs. 13. Because there are facts at issue, the MJOP must be struck. 14. Although Plaintiff's MJOP has not been briefed and no argument court date has been set, Defendant believes and asserts that further proceeding on the MJOP should be stayed by order of this Court until resolution of this Motion. 2 15. No issue in this or a related matter has previously been ruled upon by any Judge of this Court. 16. The concurrence of Plaintiff's counsel to this Motion was sought by the undersigned, which concurrence was denied. WHEREFORE, Defend ant/Movant, the Pennsylvania State Association of Township Supervisors, respectfully requests that this Honorable Court enter an initial Order staying further proceedings on Plaintiff's Motion for Judgment on the Pleadings and a concurrent or subsequent Order striking the Motion for Judgment on the Pleadings until the pleadings in this case have closed, and granting such other relief as the Court deems just and appropriate. Respectfully Submitted, Date: 12 /1 o/, g WIX, WENGER &,NVEIDNER By: Jeff rk, I.D. # 89277 508 rth econd Street P.O. x 845 Harris urg, PA 17108-0845 (717) 234-4182 F:\tlw\6985 PA Association of Township Supervisors\13872 Scott McQuinn Termination\Litigation\Motion to Strike MJOP.doc 3 EXHIBIT "A" G. SCOTT MCQUINN, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator NO. 08-5223 of the Pennsylvania State Association of Township CIVIL ACTION-IN EQUITY Supervisors Pension Plan, Defendant PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff, G. Scott McQuinn, by his attorney, Elliot A. Strokoff, Esq., hereby moves this Court for a judgment on the pleadings on the basis of his Complaint in Equity, and the Defendant's Answer thereto, averring in support thereof as follows: 1. Plaintiff's Complaint in Equity sets forth 22 averments of fact. 2. Defendant's Answer admits 14 of these averments (9[9[1, 2, 5, 6, 7, 10, 12, 15, 17, 18, 19, 20, 21, 22) and responded to the 8 remaining averments that the documents referred to in the Complaint were writings which speak for themselves (9[9[3, 4, 8, 9, 11, 13, 14, 16). 1 3. Therefore, based on the pleadings, there are no issues of fact and the Defendant Plan Administrator is required, as a matter of law, to provide to the Plaintiff the reports sought in the Complaint in Equity. WHEREFORE, Plaintiff moves this Honorable Court for judgment in his favor, and against the Defendant, for an order directing the Defendant to provide the Plaintiff with all complete and full financial reports of the PSATS Pension Plan issued since April 11, 2006, complete and full actuarial reports, and summaries thereof, prepared by the Pension Plan's actuary since April 11, 2006, costs of suit and Plaintiff's reasonable counsel fees. Respectfully submitted, STROKOFF & COWDEN, P.C. By: Elliot A. StroKoff, Esq; I.D. No. 16677 DATE: November 17, 2008 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 \ 2 G. SCOTT MCQUINN, Plaintiff . V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, . Defendant . COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5223 CIVIL ACTION-IN EQUITY CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing by U.S. first-class mail, postage prepaid, on the following person(s): Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 N. 2°d Street P.O. Box 845 Harrisburg, PA 17108-0845 Date: November 17, 2008 mot Strokoff, Es-q. 3 G. SCOTT MCQUINN, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant : NO. 08-5223 : CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Strike Plaintiff's Motion for Judgment on the Pleadings and for Stay of Proceedings was sent by first class mail, postage prepaid this day to the following: Elliot A. Strokoff, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, PA 17108-1903 Attorneys for Plaintiff Respectfully Submitted, WIX, WENGER & WEIDNER Date: 17, ? IO/Ug By: 3 Harva Owings Baughman, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 -< TI :ate 1 .? DE^ 12 Zc G. SCOTT MCQUINN, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant NO. 08-5223 CIVIL ACTION - EQUITY RULE TO SHOW CAUSE AND NOW, this / da of OOg y upon consideration of the foregoing Motion to Strike Plaintiff's Motion for Judgment on the Pleadings and for Stay of Proceedings, it is hereby ordered that: (1) a rule is issued upon the Respondent to show cause within ten (10) days why the relief requested by Petitioner should not be granted; _ pert- )PC A.4 y PA - ?/ l,*S t t?^ pemr-- -?eR O'vx t t. W e0i-?- (2) arigummit in 444.,16 om a um er a (3) notice of the entry of this order shall be provided to Respondent by the Petitioner. THE COU tF J. r 4fil G?°7I °?zS e 1--t1'd hil' r ?? ?f?ii tv 3 1 ' t HJ S 1 330 860Z EwHi =0 Elliot A. Strokoff, Esq. Strokoff & Cowden, PC 132 State Street Harrisburg, PA 17101 (717) 233-5353 eas@strokoffandcowden.com G. SCOTT MCQUINN, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE . ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator NO. 08-5223 of the Pennsylvania State Association of Township CIVIL ACTION-IN EQUITY Supervisors Pension Plan, Defendant ANSWER TO DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS The Plaintiff, G. Scott McQuinn, by his attorney, Elliot A. Strokoff, Esq., hereby answers the Defendant's Motion to Strike Plaintiff's Motion for Judgment on the Pleadings and for stay of proceedings, averring in support thereof as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. The Defendant has not filed preliminary objections. It is the Plaintiff's Preliminary Objections which have not yet been resolved or ruled upon by this Court. Further, by virtue of Pa.R.C.P. 1028(a), Defendant had until December 9, 2008 to file an Amended Counterclaim before the preliminary objections could have been listed for argument. Plaintiff is listing his Preliminary Objections for argument, simultaneously with his listing for argument of the instant Defendant's Motion to Strike. 5. Admitted. 6. Admitted. 7. Denied. As is emphasized by the Defendant in 16 of its Motion to Strike, the qualifying language for a motion for judgment on the pleadings is "[a]fter the relevant pleadings are closed." The Plaintiff's Complaint in Equity is against the Pennsylvania State Association of Township Supervisors, as Administrator of the PSATS Pension Plan, and seeks disclosure of financial and actuarial reports pertaining to that pension plan. PSATS has admitted all of the material facts set forth in the Complaint, but denies that, under the law, the Plan Administrator was required to provide the financial and actuarial reports requested by a Plan beneficiary. Thus the relevant pleadings pertaining to the Plaintiff's Complaint in Equity are indeed closed. What are outstanding are Plaintiff's Preliminary Objections to a Counterclaim brought by PSATS' in its corporate capacity, and not in its capacity as a Pension Plan Administrator, alleging that Plaintiff breached the terms of a separation agreement with, or a legal duty allegedly owed to, PSATS totally independent of any rights, duties and obligations of the PSATS Pension Plan. 2 Ii 8. Because Defendant's counterclaim is not a relevant pleading to the Plaintiff's Complaint in Equity, the Plaintiff's Motion for Judgment on the Pleadings concerning his Complaint is not premature. See U.S. Leasing Corp. v. Stephenson Equipment, 326 A.2d 472 (Pa. Super. 1974). 9. Denied. With respect to Plaintiff's Complaint in Equity, no material questions of fact exist. 10. Denied as stated. The Plaintiff's Complaint seeks, in the Ad Damnum clause, inter alia, "costs, any allowable attorneys fees". 11. Admitted in part. Plaintiff's entitlement to "any allowable attorneys fees", would be determined by the Court at the conclusion of these proceedings, on the basis of Defendant's undisputed-in-the-pleadings continued refusal to provide the financial and actuarial reports to its Pension Plan beneficiary, as well as Defendant's (obdurate) behavior in this case. Further, what Defendant's argument boils down to is that the undisputed material facts and its behavior in this case do not support the award of counsel fees to Plaintiff, which argument can be made at the conclusion of these proceedings. 12. Denied. For the reasons set forth in 1 11 above, there is no need for any discovery. 13. Denied. There are no material facts at issue. Further, in light of the chaotic events in recent months in the 3 financial markets, the prompt determination of the duty of a Pension Plan administrator to disclose reports concerning the financial and actuarial stability of the pension plan should not be delayed because of the filing of a vague and extremely poorly plead counterclaim irrelevant to, and totally independent of, the Pension Plan. 14. Denied. To the contrary, Defendant's argument that Plaintiff's Motion for the Judgment on the Pleadings as premature could be most efficiently argued and briefed as part of Defendant's argument against Plaintiff's Motion for Judgment on the Pleadings. 15. Admitted. 16. Admitted. WHEREFORE, the Plaintiff, G. Scott McQuinn, respectfully requests that this Honorable Court deny the Defendant's Motion to Strike Plaintiff's Motion for Judgment on the Pleadings and for Stay of Proceedings. Respectfully submitted, STROKO?WDEN, P.C. v - E liot A. Stro ff, Esq. I.D. No. 1667 DATE: 12/22/08 132 State St PO Box 11903 Harrisburg, A 17108-1903 (717) 233-5353 4 G. SCOTT MCQUINN, Plaintiff V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5223 CIVIL ACTION-IN EQUITY CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing by U.S. first-class mail, postage prepaid, on the following person(s): Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 N. 2nd Street P.O. Box 845 Harrisburg, PA 17108-0845 Date: 12/22/08 5 - j 7 v M.?a .ry •f ... a."`.? ....1} _' j : E j. .. p `'C K:.' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) G,.;SCOTT McQUINN, Plaintiff PENNSYLVANIA STATe ASSOCIATION OF TOWNSHIP SUPERVISORS, ADMINISTRATOR OF THE PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS PENSION PLAN, No. 08-9223 Term Defendants 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): (a) Plaintiff's Motion for Judgment on the Pleadings, (b) (Defendant's) Motion to Strike Plaintiff's Motion for Judgment on the Pleadings and Stay of Proceedings, and (c) Plaintiff's Preliminary Objections to the Defendant's 2. Identify all counsel who will argue cases: Counterclaims (a) for plaintiffs: Elliot A. Strokoff, Esq., Strokoff & Cowden, PC (Name and Address) 132 State Street, Harrisburg, PA 17101 (b) for defendants: Jeffrey C. Clark, Esq., Wix, Wenger & Weidner (Name and Address) 508 N. Second St. PO Box 845. Harrisburg, PA 17108-0845 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Elliot A. Stro`l?off Print your name Plaintiff, G. Scott Mc uinn Attorney for Date: December 22, 2008 INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument_ 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. G. SCOTT MCQUINN, Plaintiff V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5223 CIVIL ACTION-IN EQUITY CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing Praecipe for Listing Case for Argument by U.S. first-class mail, postage prepaid, on the following person(s): Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 N. 2°d Street P.O. Box 845 Harrisburg, PA 17108-0845 Date: 12/22/08 h ?> ...J ?4,} ?? fw..j? _ ta r .?. "'7 G. SCOTT MCQUINN, PLAINTIFF V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-5223 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR JUDGMENT ON THE PLEADINGS BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this A day of April, 2009, the motion of plaintiff for judgment on the pleadings, IS DENIED. liot A. Strokoff, Esquire For Plaintiff ../effrey C. Clark, Esquire For Defendant sal 4 45-1 . : J. .. M x.,; wY .1. LL? C c 1 C i . G. SCOTT MCQUINN, PLAINTIFF V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-5223 CIVIL TERM ORDER OF COURT AND NOW, this 22%AA day of December, 2009, the preliminary objections of plaintiff to defendant's counterclaim, ARE DENIED. Elliot A. Strokoff, Esquire 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 For Plaintiff ? Jeffrey C. Clark, Esquire 508 North Second Street PO Box 845 Harrisburg, PA 17108-0845 For Defendant :sal OF THE #=^'? H',"NNOTARY 2009 DEC 22 Pfl 1: 38 4 x c. ?' , ' •c v? Elliot A. Strokoff, Esq. 12 I PH Strokoff & Cowden, P.C. 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 i (717) 233-5353 eas@strokoffaildcowden.com G. SCOTT MCQUINN, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator NO. 08-5223 of the Pennsylvania State Association of Township CIVIL ACTION-IN EQUITY Supervisors Pension Plan, Defendant PLAINTIFF'S REPLY TO COUNTERCLAIM The Plaintiff, G. Scott McQuinn hereby replies to the Defendant's Counterclaim in the above captioned matter as follows: 23. Admitted in part, denied in part. It is admitted that the Plaintiff was an employee of PSATS, and that he and PSATS mutually decided to end their employment relationship effective January 13, 2006. 24. It is admitted that Exhibit A is a true and correct copy of the "Confidential Separation, Non-Disclosure and General Release Agreement" (hereafter Agreement), signed by the parties on the dates set forth on page 6 thereof. 25. Denied as stated. The agreement is the best evidence thereof and speaks for itself and therefore the Defendant's characterizations of the agreement set forth in this paragraph are therefore denied. 26. This is a conclusion of law to which no response is required and therefore it is denied. 27. This is a conclusion of law to which no response is required and therefore it is denied. By way of further answer, at all times relevant to the counterclaim the Plaintiff was a former employee of the Defendant, a vested participant and vested beneficiary in the Defendant's Pension Plan. 28. It is denied that since the end of his employment that the Plaintiff violated the Agreement. The Plaintiff has not interfered with the activities of the PSATS organization, or its relationships with its employees; nor has he interfered with the composition and conduct of the PSATS Executive Board, or with PSATS' dealings with its members and business associates for the purpose of affecting and/or harming PSATS' functions and relationships. 29. It is denied that the Plaintiff has wrongfully and unjustifiably sought to instigate an investigation by the Auditor General of Pennsylvania of PSATS' contractual 2 relationships with the Commonwealth of Pennsylvania for the purposes of interfering with PSATS' contractual relationships with the Commonwealth of Pennsylvania. It is also denied that the Plaintiff sought to disparage, manipulate and negatively affect PSATS' governing body, PSATS' employees and PSATS' standing with its member townships and PSATS' standing with the community at large. 30. Plaintiff denies that if the Office of the Pennsylvania Auditor General undertook an investigation, that it was due or partially due to any of Plaintiff's actions. Further, after reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment that this alleged investigation extended over a period of over more than one year and has caused PSATS substantial expense and damage both in its contractual relationships and in its dealings with PSATS personnel and Commonwealth personnel. Accordingly this averment is denied and strict proof thereof is demanded. 31. It is admitted that the Executive Board is charged with the management of PSATS and that the Executive Board consists of the immediate past president and 12 voting 3 members elected for 3 year staggered terms at annual conventions. 32. Denied. Plaintiff denies that he engaged in multiple efforts and communications with one or more individual members of the PSATS' Executive Board for the purpose of interfering with the election of any Executive Board member or that he engaged in any activities manipulating the PSATS' Executive Board. 33. Denied. The Plaintiff did not engage in multiple efforts or communications with employees and personnel at PSATS with the intent and purpose averred by the Defendant in paragraph 32 of the Counterclaim. 34. Denied. The Plaintiff did not engage in multiple efforts and communications with PSATS' member townships and/or voting delegates with the intent and purpose averred by the Defendant in paragraph 32 of the Counterclaim. 35. The Plaintiff reiterates his denials of engaging in the actions complained of in paragraphs 32, 33 and 34 of the Counterclaim. After reasonable investigation, the Plaintiff is without sufficient information to form a belief as to the truth of the averment that PSATS suffered the temporary loss of key employee personnel, the temporary and/or permanent loss of 4 Executive Board personnel, and disruption and damage to the conduct of PSATS customary activities and PSATS relationships with PSATS members. Accordingly, this averment is denied and strict proof thereof is demanded. 36. Denied. The Plaintiff did not engage in multiple efforts and communications with one or more members of the PSATS Executive Board, and with one or more PSATS employees, or with any other person, for the purpose of interfering with PSATS conduct of its customary activities or for the purpose of interfering with and disparaging PSATS management staff. 37. Denied. It is denied that the Plaintiff engaged in any wrongful actions or interferences. After reasonable investigation, the Plaintiff is without sufficient knowledge or information to form a belief as to whether or not one or more members of PSATS Executive Board and one or more key employees of PSATS violated any Code of Conduct to which the Board member(s) or employee(s) have subscribed and to violate fiduciary and loyalty duties owed by them to PSATS and, if there was any such violation, who or what induced the violation. Accordingly, this averment is denied and strict proof thereof demanded. 5 38. Plaintiff reiterates his denial of the matters complained of in paragraphs 36 and 37 of the Counterclaim. Further, after reasonable investigation the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of PSATS' averment that it has suffered the loss of one or more Executive Board members, the temporary loss of key employee personnel, disruption of PSATS' customary activities and harm to the cohesiveness, efficiency and productiveness of both PSATS staff and Executive Board. Accordingly, this averment is denied and strict proof thereof is demanded. In addition, after reasonable investigation the Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment that PSATS incurred the burden of time, effort and expense necessary to protect itself against the alleged interferences by the Plaintiff, and therefore this averment is denied. Strict proof is demanded. 39. Denied. The Plaintiff has not engaged in multiple efforts and communications with officials and delegates of PSATS member townships and with unknown persons for the purpose of interfering with the conduct of PSATS' customary activities and the composition of PSATS Executive 6 Board and for the purpose of disparaging and interfering with the PSATS management staff. 40. Plaintiff reiterates his denials of the matters complained of in paragraph 39 of the Complaint. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief so the truth of the averment that PSATS and members of PSATS management staff have incurred damage to their respective reputations and impairment of their abilities to deal with subordinate staff and to conduct the customary activities of PSATS efficiently and productively, and therefore this averment is denied. Strict proof thereof is demanded. 41. While it is admitted that the Plaintiff had no current employment relationship with PSATS, he was a former employee of PSATS and a vested participant and vested beneficiary of its pension plan. It is further admitted that the Plaintiff was a party to Exhibit A which Defendant attached to the Counterclaim. The remaining averments of this paragraph are legal conclusions to which no response is required and therefore they are denied. 42. The Plaintiff reiterates his denials of violations of the Agreement or other improper actions set forth 7 in the preceding paragraphs of the Reply. Further, this averment is a legal conclusion to which no response is required and therefore it is denied. 43. Denied. The foreseeable and calculated result of Plaintiff's actions was not to interfere with, disparage and harm PSATS, its Executive Board and its management staff, in the conduct of their customary duties and activities on behalf of PSATS. 44. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment that PSATS has incurred any, much less substantial, financial damage on account of Plaintiff's alleged actions or PSATS' claimed perception thereof and therefore this averment is denied. Strict proof thereof this demanded at trial. 45. Denied. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment that on account of the Plaintiff's alleged actions or PSATS perception of Plaintiff's actions, that PSATS incurred the damages and impairments averred in this paragraph, and therefore this averment is denied. Strict proof thereof is demanded. 8 46. Denied. This is a conclusion of law to which no response is required and therefore it is denied. Further, Plaintiff avers that his actions were legal and did not violate the Agreement. Count 1 - Breach of Contract 47. The replies set forth in paragraphs 23-46 above are incorporated herein by reference as though fully set forth herein. 48. Denied. Paragraph 6 of the Agreement speaks for itself, is the best evidence thereof and therefore this averment is denied. In addition, this paragraph inaccurately sets forth the content of the alleged quoted part of paragraph 6 of the Agreement. 49. Denied. Paragraph 7(a) of the Agreement speaks for itself, is the best evidence thereof, and therefore this averment is denied. 50. Denied. It is denied that the Plaintiff violated either paragraphs 6 or 7(a) of the Agreement. Further it is denied that Plaintiff improperly disclosed any proprietary, confidential or privileged information as defined in the Agreement. Further, it is denied that Plaintiff acted with intent to disparage, embarrass or negatively reflect on. PSATS, 9 its Executive Board, its employees and its operations and/or to impair PSATS relationships with its employees and members and/or to damage PSATS reputation and standing with its employees, members and associates. 51. This is a conclusion of law to which no response is required and therefore it is denied. By way of further answer, Plaintiff believes he had and has a legal duty to provide truthful information requested by agents in the Office of Auditor General and that the Agreement did not bar him from doing so. 52. This is a conclusion of law to which no response is required and therefore it is denied. 53. Denied. The Plaintiff reiterates that he has not violated the Agreement. 54. Denied as stated. The monetary consideration was the gross sum of $47,000.04, minus applicable legal tax withholding deductions, which gross amount was paid in 12 equal semi-monthly payments. 55. Denied. Paragraph 15 of the agreement speaks for itself, is the best evidence thereof and therefore this averment is denied. By way of further answer, the Plaintiff 10 has not been determined by any court of competent jurisdiction to have committed any substantial violation of the Agreement. 56. After reasonable investigation the Plaintiff is without knowledge or information sufficient to form a belief the truth of this averment and therefore it is denied. Strict proof thereof is demanded. 57. This is a conclusion of law to which no response is required and therefore it is denied. WHEREFORE, the Plaintiff demands judgment in his favor against the Defendant, on Count One, plus allowable costs, including attorneys fees, and such other relief as the Court deems just and appropriate. Count Two - Tortious Interference with Business 58. Paragraphs 23-46 above are incorporated herein by reference as if fully set forth. 59. This is a conclusion of law to which no response is required and therefore it is denied. 60. Denied. The Plaintiff has not improperly or in violation of the law tortiously interfered with the workings of PSATS, its employees, its governing body and its membership. 61. Plaintiff denies that he made any unwarranted communications which interfered with one or more Executive 11 Board members and one or more PSATS employees and other parties, or that he illegally interfered with PSATS customary activities with the intent and goal of manipulating the governing board and its operations. 62. Plaintiff denies that he communicated with one or more PSATS Executive Board members and employees of PSATS with the intent of involving himself in and affecting the business and internal operations of PSATS. 63. Plaintiff denies that, subsequent to the cessation of his employment with PSATS, he acted for illegitimate or unjustifiable reasons or tortiously interfered with PSATS' business. 64. It is denied that at any time Plaintiff's purpose was to hamper and/or negatively affect the business and operations of PSATS and to embarrass, disparage and interfere with PSATS, its Executive Board and its officers and management staf f . 65. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment that due to Plaintiff's alleged actions or PSATS' perception of his actions that PSATS lost the services and participation of one or more of its Executive 12 Board members and therefore this averment is denied. Strict proof thereof is demanded. 66. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment that PSATS was forced to discipline a key PSATS employee for her alleged improper conduct allegedly induced by the Plaintiff, and therefore this averment is denied. Strict proof thereof is demanded. 67. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of why any disciplinary action was "required" whether PSATS was damaged by temporarily losing a valuable employee and losing the reasonable expectation of the good faith of its staff and personnel and therefore this averment is denied. Strict proof thereof is demanded. 68. Denied. The Plaintiff did not provide any information to the Pennsylvania Auditor General. Further, Plaintiff did not provide any false and misleading information to any employee of the Pennsylvania Auditor General. Further, it is denied that the Plaintiff willfully attempted to interfere with the internal operation of PSATS, its Executive 13 Board, and its employees or willfully attempted to embarrass and harass PSATS. 69. Denied. The Plaintiff's actions were not calculated to cause damage to the operations and business of PSATS. 70. This is a legal conclusion to which no response is required and therefore it is denied. By way of further answer, the Plaintiff acted lawfully and denies that he has tortiously interfered with PSATS business. 71. After reasonable investigation, the Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment that PSATS suffered any actionable damage on account of the alleged tortious interference by the Plaintiff, and therefore this averment is denied. Strict proof thereof is demanded. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant on Count Two, plus costs, including allowable attorneys fees, and such other relief as this Court shall deem just and appropriate. Count Three-Permanent Injunction 72. The averments in paragraphs 23-46 above are incorporated herein by reference as if set forth in full. 14 73. Plaintiff denies that he has interfered with the workings of the PSATS organization by interfering with Executive Board members and employees; he denies that he has tried to involve himself in and affect the business and internal operations of PSATS. 74. Plaintiff denies that he has wrongfully interfered and communicated with one or more Executive Board members and one or more employees of PSATS. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment that his actions induced any individuals to violate written Codes of Conduct to which they had subscribed and induced any individuals to violate fiduciary and loyalty duties owed by them to PSATS, and accordingly this averment is denied. Strict proof thereof is demanded. 75. After reasonable investigation, the Plaintiff is without knowledge of information sufficient to form a belief as to the truth of this averment and therefore it is denied. Strict proof thereof is demanded. 76. Plaintiff denies that he communicated with the Office of the Pennsylvania Auditor General for the purpose of embarrassing PSATS, its Executive Board and officers, and to 15 hamper and negatively affect the contractual activities and operations of PSATS. 77. This is a conclusion of law to which no response is required and therefore is denied. 78. This is a conclusion of law to which no response is required and therefore is denied. 79. As plead in detail in Count One, the Plaintiff has not violated the Agreement. 80. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to for a belief as to the truth of this allegation and therefore it is denied. Strict proof thereof is demanded. 81. This is a legal conclusion to which no response is required and therefore is denied. 82. This is a legal conclusion to which no response is required and therefore is denied. WHEREFORE, Plaintiff demands judgment in his favor and against the Defendant on Count Three, plus costs, including allowable attorney fees, and grant such other relief as this Court shall deem just and appropriate. 16 NEW MATTER In further reply to the Counterclaim, Plaintiff raises the following affirmative defenses. 83. Count Two is barred by the Statute of Limitations. 84. Count Two fails to state a claim upon which relief can be granted. 85. Count Three is barred by the doctrine of laches. 86. Count Three is barred by the doctrine of unclean hands. 87. The commencement and maintenance of the Counterclaim was and is for purpose of vexing the Plaintiff, and is and was otherwise conducted for reasons of bad faith and Plaintiff is entitled to be reimbursed for his reasonable counsel fees in defending against same. Respectfully submitted, STROKOF COWD N, P.C. B k` vp Elliot A. Strok?Bx Esq. I.D. No. 16677 DATE: 1/11/10 132 State St, P11903 Harrisburg, PA 8-1903 (717) 233-5353 17 G. SCOTT MCQUINN, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator NO. 08-5223 of the Pennsylvania State Association of Township CIVIL ACTION-IN EQUITY Supervisors Pension Plan, Defendant VERIFICATION I, G. SCOTT McQUINN, certify that the statements made in the foregoing Reply to 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. §4904 relating to unsworn falsification to authorities. G. SCOTT McQUINN DATE: 1/11/2010 G. SCOTT MCQUINN, Plaintiff V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5223 CIVIL ACTION-IN EQUITY CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing by U.S. first-class mail, postage prepaid, on the following person(s): Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 N. 2nd Street P.O. Box 845 Harrisburg, PA 17108-0845 Date: 1/11/10 . -t FILED-OFFICE OF THE PROTHONOTARY 1010 OCT 26 AM 8~ 57 CU PEP~NSYLVAN A TY WIX, WENGER & WEIDNER Thomas L. Wenger, I.D.#15489 twenger@wwwpalaw.com Jeffrey C. Clark, I.D. # 89277 jclark@wwwpalaw.com 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant G. SCOTT MCQUINN, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA v. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant NO. 08-5223 CIVIL ACTION -EQUITY MOTION FOR PROTECTIVE ORDER AND STAY AS TO DEPOSITIONS OF THE CHIEF EXECUTIVE OFFICER OF DEFENDANT AND TRUSTEE OF DEFENDANT'S PLAN AND NOW, comes Defendant, Pennsylvania State Association of Township Supervisors, through its attorneys, Wix, Wenger & Weidner, and moves this Honorable Court pursuant to Pa. R.C.P. 4012(a)(2) and 4013 for a protective order and stay as to the depositions of Defendant's Chief Executive Officer and Trustee of its Plan, which 3 have been noticed by Plaintiff for November 9, 2010, and in support thereof states as follows: 1. Plaintiff filed a Complaint in Equity on or about September 2, 2008, seeking an order compelling Defendant to provide certain enumerated documents relating to a defined benefit plan. 2. The CEO of PSATS and Trustee of its Plan is not available on November 9, 2010, as the undersigned have informed Plaintiffs counsel. 3. Moreover, Plaintiff has not shown any legitimate need to take these depositions. 4. As the Notices of Depositions show, the purpose is to compel production of certain documents. 5. The production of those documents is the very purpose of Plaintiffs action. 6. Thus, Plaintiff is wrongfully attempting to utilize discovery procedure to compel disclosure despite the fact that this Court has not rendered judgment on his action. 7. The Court has, in fact, denied Plaintiffs Motion for Judgment on the Pleadings. 8. Plaintiff s right to documents is governed by applicable plan document; accordingly, the denial of Plaintiff s Motion acts as a dismissal of the cause of action. 9. If the Court does not adopt this position, Defendant nonetheless asserts that Plaintiff has failed to show any legitimate need for taking the depositions. Any relevant information that Plaintiff believes in good faith that the deponent might 4 . ~~ possess can be elicited in a less burdensome way through written interrogatories or a request for production of documents. WHEREFORE, Defendant respectfully requests that this Court enter an Order immediately staying the scheduled depositions and thereafter precluding Plaintiff from taking the depositions as noticed. In the alternative, Defendant respectfully requests that this Court designate that the depositions be taken at a date and time as reasonably provided by Defendant. Respectfully Submitted, Date: 1v/~ ~ / ~ o WIX, WENGER & WEIDNER By: Th L.~Ilrlenger, I.D. #15489 Je r C. Clark, I.D. # 89277 50 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 5 ~ ' G. SCOTT MCQUINN, IN THE COURT OF COMMON PLEAS, Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. PENNSYLVANIA STATE N0.08-5223 ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant :CIVIL ACTION -EQUITY CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion was sent by first class mail, postage prepaid this day to the following: Elliot A. Strokoff, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, PA 17108-1903 Attorneys for Plaintiff Date: 10~21,1v Ily Submitted, faauld A. Cribben, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 '~'~~ r ~ t ocr 2 l zoro G. SCOTT MCQUINN, IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. PENNSYLVANIA STATE NO. Q8-5223 G ~ ~ ASSOCIATION OF TOWNSHIP ~• ~ - -+ SUPERVISORS, Administrator of the ,? -= - ~., r~~_~-t~~ a -n rn~ Pennsylvania State Association of ~~ ~'~ ~= _~+~ Township Supervisors Pension Plan, : `~'~~ rv Defendant : CIVIL ACTION -EQUITY :.-t~~ "''l =~_-~ - =`:;. ryy r~ - r~ - -= . ~ r~+~ _ RULE ~; ~ AND NOW, this aZ N~day of /UD >~ , 2010, upon. consideration of Defendant's Motion for Protective Order and Stay as to Depositions of the Chief Executive Officer of Defendant and Trustee of its Plan, a rule is entered upon Plaintiff to show cause why a protective order should not be entered precluding the depositions. Returnable ~~ ~ ~ , 2010, at ~~'*30 a.m.. in Courtroom of the Cumberland County Courthouse. The depositions scheduled for November 9, 2010, are stayed pending disposition of this Motion. BY T: r< t ES m..~tc ~~ J. ~. ~-,~~ i~l~/iv ~~ ~ 1 3 1 Elliot A. Strokoff, Esq. Strokoff & Cowden, PC 132 State Street Harrisburg, PA 17101 (717) 233-5353 eas@strokoffandcowden. com G. SCOTT MCQUINN, Plaintiff v. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant n _ +- fit...-'~~ ~- j~: ~r~ ,. I ;~ ~- ~t C. p#~r DOE 1?f h89 1 t :t;: r. c~g~.., COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5223 CIVIL ACTION-IN EQUITY PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND STAY AS TO DEPOSITIONS The Plaintiff, G. Scott McQuinn, by his attorney, Strokoff & Cowden, PC, hereby answers the Defendant's Motion for Protective Order and Stay as to Depositions of the Chief Executive Officer of Defendant and Trustee of Defendant's Plan as follows: 1. Admitted. 2. A true and correct copy of the Notice of Deposition to the Chief Executive Office of PSATS and the Notice of Deposition to the Trustee of the PSATS Pension Plan are attached hereto as Exhibits A and B respectively. By letters to Defendant's counsel dated May 13, 2010, July 10, 2010 and September 16, 2010, Plaintiffs counsel, Elliot A. Strokoff, advised of the need to proceed to scheduling the depositions of the PSATS Pension Plan Administrator as well as the Plan's Trustee. By letter dated October 13, 2010, transmitting the aforementioned Notices of Deposition, attached as Exhibit C hereto, Plaintiffs counsel wrote to Defendants' counsel that "We have scheduled the depositions to take place on Tuesday, November 9, 2010. Please inform me or Mr. Strokoff immediately if you are unavailable and advise of alternative dates." (Emphasis added.) By letter dated October 18, 2010, Defendant's counsel advised as to the unavailability of the PSATS CEO on November 9, 2010, but to date has not yet advised as to what other dates he is available to testify. Defendant has not advised that the Trustee of the PSATS Pension Plan is not available on November 9, 2010. 3. Denied as stated. As aforementioned, on May 13, 2010, July 10, 2010, and September 16, 2010, Plaintiffs counsel referred to scheduling depositions for the PSATS CEO and the PSATS Pension Plan Trustee, and Defendant's counsel made no suggestion that it would object to the taking of their depositions. Further, it is undisputed that section 2.5 of the Pension Plan document, attached as Exhibit F to the Complaint, provides that "The Administrator shall keep a record of all actions taken and shall keep all other books of account, records and other data that may be necessary for proper administration of the Plan, shall responsible for supplying all information reports to the Internal Revenue Service, Department of Labor, Participants, Beneficiaries, and others as required by law." Further, the PSATS Pension Plan Trustee is a named Fiduciary of the Plan as per section 10.14, attached as Exhibit E to the Complaint. Thus, the Plan Administrator 2 and Pension Plan Trustee are the two key individuals who can explain why the sought after documents were being denied to the Plaintiff. 4. Denied as stated. It is undisputed that the Plaintiff was provided with a copy of the financial report for the PSATS Pension Plan for the period ending December 15, 2005, (Complaint ¶ 16 and Answer thereto) and by letter dated April 1, 2008, the Plaintiff was provided with a statement of assets as of December 15, 2007 (Complaint ¶ 18 and Answer thereto). The purposes of the depositions, among others, is to interrogate the Plan Administrator and the Pension Plan Trustee to determine specifically which documents exist, what is the information contained in those documents, who has received copies of those documents, and to ascertain whether there is any information in those documents that might justify the Defendant's refusal to provide these documents to the Plaintiff, when it previously provided similar documents to the Plaintiff. In addition, the Defendant has filed a 60 paragraph Counterclaim about which the deponents will be interrogated 5. The Notice of Deposition requests that the deponents bring the requested documents with him/her. The Plaintiff has not made a Motion for Production of Documents at this point. 6. Denied. If Plaintiff had not asked the deponents to bring these documents to the deposition, then the depositions would likely have been punctuated with numerous answers equivalent to "I don't know, without referring to the documents", or "I'd have to review the document to answer that question", and the like. 3 7. It is admitted that the Court denied Plaintiffs Motion for Judgment on the Pleadings without opinion. 8. It is denied that the Court's denial of Plaintiffs Motion for Judgment on the Pleadings acts as a dismissal of the cause of action. 9. Denied. For the reasons aforementioned, the taking of these depositions are quite reasonable, and well within the scope of Pa.R.C.P. 4003. l: "if the information sought appears reasonably calculated to lead to the discovery of admissible evidence". Further Pa.R.C.P. 4007.3 allows a party to decide the sequence of discovery and Cumberland County Local Rule 4005.1 precludes interrogatories in excess of 40, which would be wholly inadequate to secure the discovery of necessary and appropriate information in this matter. WHEREFORE, the Plaintiff respectfully requests this Court enter an order denying the Motion for Protective Order. Respectfully submitted, STROKOFF CO DEN, P.C. ,~ By: A. trokof ,Esq. LD. No. 16677 DATE: 11 / 1 / 10 132 State St, PO Box 1903 Harrisburg, PA 1710 -1903 (717) 233-5353 4 G. SCOTT MCQUINN, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. PENNSYLVANIA STATE : ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator NO. 08-5223 of the Pennsylvania State : Association of Township CIVIL ACTION-IN EQUITY Supervisors Pension Plan, Defendant CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing by U.S. first-class mail, postage prepaid, on the following person(s): Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 N. 2nd Street P.O. Box 845 Harrisburg, PA 17108-0845 Date: 11 / 1 / 10 5 G. SCOTT MCQUINN, Plaintiff v. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5223 CIVIL ACTION-IN EQUITY NOTICE OF DEPOSITION TO: Chief Executive Officer of the Pennsylvania State Association of Township Supervisors (PSATSJ as Plan Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan (Plan) c/o Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 N. 2nd Street P.O. Box 845 Harrisburg, PA 17108-0845 PLEASE TAKE NOTICE that pursuant to Rule 4007.1 of the Pennsylvania Rules of Civil Procedure, beginning at 9:30 a.m. on November 9, 2010, the undersigned attorney for Plaintiff shall take the deposition upon oral examination of at the offices Strokoff & Cowden, P.C., 132 State Street, Harrisburg, Pennsylvania. Such deposition will be taken before a certified court reporter authorized to take oaths. The deponent is requested to bring with him/her to the deposition: 1) the record(s) of all actions taken ,all books of books of account, records and other data pursuant to Section 2.5 of the Defined Benefit Prototype Plan and Trust, including but not limited to, all information and reports to the Internal Revenue Service, Department of Labor, Participants, Beneficiaries and others between 1 / 1 /2006 and the present; and EXHIBIT 2) All actuarial evaluations of the- Plan. STROKOFF 8v,COW~EN, P.C. ..f" ~- By: ~; ' of . Strok f I.D. No. 16677 , Date: 10/ 13/ 10 132 State Street, P.O. Box 11903 Harrisburg, PA 17 8-1903 (717) 233-5353 ATTORNEY FOR P AINTIFF EAS / crd cc: Filius 8v McLucas G. SCOTT MCQUINN, Plaintiff v. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5223 CIVIL ACTION-IN EQUITY NOTICE OF DEPOSITION TO: The Trustee of the Pennsylvania State Association of Township Supervisors Pension Ptan (Plan) c/o Jeffrey C. Clark, Esq. Wix, Wenger & Weidner 508 N. 2nd Street P.O. Box 845 Harrisburg, PA 17108-0845 PLEASE TAKE NOTICE that pursuant to Rule 4007.1 of the Pennsylvania Rules of Civil Procedure, beginning at 1:00 p.m. on November 9, 2010, the undersigned attorney for Plaintiff shall take your deposition upon oral examination of at the offices Strokoff & Cowden, P.C., 132 State Street, Harrisburg, Pennsylvania. Such deposition will be taken before a certified court reporter authorized to take oaths. The deponent is requested to bring with him/her to the deposition: All records and statements of account between 1 / 1 / 2006 and the present pertaining to: the assets of the Plan; the funds contributed to the Plan by the Employer; the investments of the Plan; the distributions of the Plan to beneficiaries; income and losses of the EXHIBIT 8 Plan; and all other Plan receipts and Plan disbursements between 1 / 1 /2006 and the present. STROKOFF 8~ CO,V~lDEN, P.C. By: Date: 10/ 13/ 10 ~1r6~A. Strokoff I.D. No. 16677 132 State Street, P.O. Box 11903 Harrisburg, PA 1 108-1903 (717) 233-5353 ATTORNEY FOR PLAINTIFF cc: Filius 8s McLucas ''~ ~~ ~, ( t ~... ~ STROKOFF & COWDEN, P.C. ATTORNEYS AT LAW TELEPHONE 132 STATE STREET (717) 233-5353 P. O. BOX 11903 HARRISBURG, PENNSYLVANIA 17108-1903 www. strokoffandcowden. com Via Facsimile• Jeffrey C. Clark, Esquire Wix, Wenger 8v Weidner PO Box 845 Harrisburg, PA 17108-0845 October 13, 2010 RE: McQuinn v. PSATS Cumberland Co. No. 08-5223 Notice of Deposition Dear Jeff: FAX (717) 233-5806 In accord with Mr. Strokoff s letter of September 16, 2010, and my communications with you last week, we will be taking depositions in the above-referenced matter. Accordingly, enclosed please find two (2) Notices of Deposition as follows: 1) the Chief Executive Officer of the Pennsylvania State Association of Township Supervisors (PSATS) as Plan Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan; and 2) the Trustee of the Pennsylvania State Association of Township Supervisors Pension Plan. We have scheduled the depositions to take place on Tuesday, November 9, 2010. Please inform me or Mr. Strokoff immediately if you are unavailable and advise of alternative dates. Very truly yours, ~ - c:~,~ ~n Je fifer Nachamkin EAS / crd cc: Scott McQuinn EXHIBIT ?6 G. SCOTT MCQUINN, Plaintiff : IN THE COURT OF CO_MO d ePL ASy .,rr : CUMBERLAND COUNM0" ANIA V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant NO. 08-5223 CIVIL ACTION - EQUITY DEFENDANT'S MOTION TO WITHDRAW ITS MOTION FOR PROTECTIVE ORDER AND NOW, comes Defendant, Pennsylvania State Association of Township Supervisors, by and through its attorneys, Wix, Wenger & Weidner, and files this Motion to Withdraw Its Motion for Protective Order, stating the following: 1. On or about October 26, 2010, Defendant filed a Motion for Protective Order relating to the notice of deposition of the Chief Executive Officer of PSATS and the trustee of the PSATS defined benefit plan. 2. Plaintiff has agreed to reschedule the deposition, noticed for November 9, 2010 at 9:00 a.m. 3. Defendant has agreed that Plaintiff can conduct the deposition on December 7, 2010. 4. The Court has scheduled a hearing on Defendant's Motion for Protective Order on November 19th at 11:30 a.m. 5. The undersigned has contacted Plaintiff's counsel who has consented to the withdrawal of the Motion for Protective Order. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order permitting the withdrawal of the Motion for Protective Order and canceling the hearing on November 19tr' at 11:30 a.m. Date: W )'q / Nv Respectfully submitted, WIX, WENGER & WEIDNER By: ' I Je Clark, ID #89277 50 rth Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff G. SCOTT MCQUINN, Plaintiff V. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5223 CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE I hereby certify that the foregoing Defendant's Motion to Withdraw Its Motion for Protective Order was sent by first class mail, postage prepaid this day to the following: Elliot A. Strokoff, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, PA 17108-1903 Attorneys for Plaintiff WIX, WENGER & WEIDNER Date: By: ti K a ilah Christie, Legal Assistant 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff NOV 15 2010 G. SCOTT MCQUINN, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . PENNSYLVANIA STATE NO. 08-5223 ASSOCIATION OF TOWNSHIP SUPERVISORS, Administrator of the Pennsylvania State Association of Township Supervisors Pension Plan, Defendant CIVIL ACTION -EQUITY 44 ORDER AND NOW, this AO day of , 2010, upon consideration of Defendant's Motion to Withdraw Its Motion for Protective Order, it is hereby ORDERED that the Motion for Protective Order is deemed withdrawn and the hearing scheduled for November 19, 2010, at 11:30 a.m. is canceled. By th urt: J. t Ca 1 ? A? . e6&, 14fIk( C:.? alt r ..,_, as { a ?F? 6 -6 o y.c N x-CZ) M ? D