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HomeMy WebLinkAbout09-3232IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN S. MILLER, JR., 913 Peachtree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 : DOCKET NO.? --3? 3a CGGf Plaintiff VS. THE MECHANICSBURG CLUB 333 Heinz Street Mechanicsburg, Cumberland County, Pennsylvania 17055 Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. _X_ Writ of Summons shall be issued and forwarded to () Attorney (*) Sheriff Respectfully submitted, Date: KNAUER & ASSOCIATES, L.S.C. By: VU4 6&Wj6) David W. Knauer, squire Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Knauer*early.com (717) 795-7790 4) -NOTARY '? ? as-- yq 7 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Lincoln S. Miller, Jr. 913 Peachtree Drive Mechanicsburg, Cumberland County Pennsylvania 17055 Plaintiff Vs. Court of Common Pleas No 09-3232 Civil The Mechanicsburg Club 333 Heinz Street Mechanicsburg, Cumberland County Pennsylvania Defendant In CivilAction-Law To The Mechanicsburg Club, You are hereby notified that Lincoln S. Miller, Jr. the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) C is R. Lo ono Date May 21, 2009 By Deputy Attorney: David W. Knauer, Esq. Name: David W. Knauer, Esq. Knauer & Associates, L.S.C. Address: 411-A East Main Street Mechanicsburg, PA 17055 Attorney for: Plaintiff Telephone: (717) 795-7790 Supreme Court ID No. 21582 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN S. MILLER, JR., 913 Peachtree Drive, DOCKET NO. 09-3232 Civil Mechanicsburg, Cumberland County, Pennsylvania 17055 In Civil Action-Law Plaintiff VS. THE MECHANICSBURG CLUB 333 Heinz Street Mechanicsburg, Cumberland County, Pennsylvania 17055 Defendant ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: On behalf of the above Defendant, I am authorized to accept service of the Writ of Summons and hereby accept service on behalf of the above Defendant. Date: Respectfully submitted, MANCKE, WAGNER, SPREHA & McQUILLAN By- P;,Ric er, Esq 2233 N. Front Street Harrisburg, PA 17110 Telephone: (717) 234-7051 Fax: (717) 234-7080 py 2000 ' 1 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN S. MILLER, JR., : 913 Peachtree Drive, DOCKET NO. 09-3232 Civil Mechanicsburg, Cumberland County, Pennsylvania 17055 In Civil Action-Law Plaintiff vs. THE MECHANICSBURG CLUB 333 Heinz Street Mechanicsburg, Cumberland County, Pennsylvania17055 Defendant AFFIDAVIT OF SERVICE I, David W. Knauer, affirm that on August 14, 2009, I did send a true and correct copy of the Plaintiff's Interrogatories to the Defendant and Plaintiff's Requests for Production of Documents under Pa.R.C.P. No. 4009 (First Set) by United States Mail postage prepaid to Defendants counsel Richard Wagner, Esquire. The Plaintiff marks as Exhibit "A" and "B" respectively a true and correct copy of the Certificates of Service attached to each document. Respectfully submitted, ~, Date KNAUER & ASSOCIATES, L.S.C. ~ ~ avid W. Hauer, Esquire Attorney I.D. No. 215132 411-A East Main StreE;t Mechanicsburg, PA 17055 Knauer@early.com (717) 795-7790 FAX: (717) 795-7793 CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this the 14th day of August, 2009, serve a true and correct copy of the within document on counsel of record by the United States mail, first class, prepaid addressed a~; follows: Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 KNAUER & ASSOCIATES, L.S.C_ -, ~ ` 1 -~ David W. G ~`~,~/ nau r, E=squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, Pp, 17055 Tele. (717) 795-7790 FAX (717) 795-7783 Knauer@early.com '~ C ~ 1~~~ t~`,~~, CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that {did this the 14th day of August, 2009, serve a true and correct copy of the within document on counsel of record by the United States mail, first class, prepaid addressed as follows: Richard Wagner, Esquire Mancke, Wagner, Spreha & McC~uillan 2233 North Front Street Harrisburg, PA 17110 KNAUER & ASSOCIATES, L.S_C. G~G~_ David W. Hauer, Esquire Attorney for Plaintiff Attorney I.D. No_ 21582 411-A East Main Street Mechanicsburg, PA 17055 Tele. (717) 795-7790 FAX (717} 795-7793 Knauer@early.com ~~1~~ ~i~-~ ~~@ << CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this the 14th day of August, 2009, serve a true and correct copy of the within document on counsel of record by the United States mail, first class, prepaid addressed as follows: Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 KNAUER & ASSOCIATES, L.S.C. By: ~ Gv~ '~-'' David W. Knaue , squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Tele. (717) 795-7790 FAX (717) 795-7793 Knauer@early.com F~r~E f~F ZHE p~n;~t~~^i~!?Y 209 AUG 17 ~;i 4~ 21 LINCOLN S. MILLER, JR., Plaintiff v. THE MECHANICSBURG CLUB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-3232 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR RULE TO SHOW CAUSE AND NOW, this 25~' day of January, 2010, upon consideration of Plaintiff s Motion for Rule To Show Cause why Defendant's preliminary objections to Plaintiffs complaint should not be overruled because of Defendant's failure to file a brief in support of the preliminary objections, and it appearing that the preliminary objections have not been listed by either counsel for argument and that as a consequence neither counsel's brief is yet due on them under Cumberland County Rule of Court 1028(c), Plaintiff s Motion for Rule To Show Cause is hereby denied. BY THE COURT, David W. Knauer, Esq. 411-A East Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff P. Richard Wa ner, Es . g q 2233 N. Front Street Harrisburg, PA 17110 Attorney for Defendant ~~~,~~~~ ~~as~~~ ~r~ J. ~]Vesley Oler;~Jr., J. c> o =;:, - -;., ~.... x~ ; ;~ ~ .. ~~ ~ `i .. ~.. . _, ,._ ; . ~- :=-= w , . _ ~ ;- - ` c` r;? = w ~~ ~1 David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer~early.com 717-795-7790 717-795-7793 Fax I~LL.[s v}":'iiJL ~.~~ ~ i 1 V f ~~1 240 ~`i f 4 P~ Z~ i7 ~~. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN S. MILLER, JR., Plaintiff vs. DOCKET NO. 09-3232 Civil Civil Action-Law THE MECHANICSBURG CLUB, Defendant PLAINTIFF'S REPLY TO NEW MATTER 23. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 22 of the Complaint as if more fully set forth herein by reference thereto. 24. Denied as alleged. The Plaintiff avers to the contrary that paragraph 24 of the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. By way of further answer and defense, the Plaintiff avers that any conditional privilege, if any, as aforesaid, that the Defendant might have had was lost when the Defendant published the disciplinary action taken against the Plaintiff on the bulletin board where non-members of the organization could see and view the aforesaid matter and also on the Internet. ~r ~' See, the Superior Court decision in Chicarella v. Passant, 343 Pa.Super. 330, 337, 494 A.2d 1109, 1112 - 1113 (Pa.Super.,1985) that set forth the privilege doctrine holding that: .... "However, a publisher of defamatory matter is not liable if the publication was made subject to a privilege, and the privilege was not abused. Restatement *"* § 593. "Communications made on a proper occasion, from a proper motive, in a proper manner, and based upon reasonable cause are privileged." .... (citation omitted). An occasion giving rise to a conditional privilege occurs when (1) some interest of the publisher of the defamatory matter is involved; (2) some interest of the recipient of the matter, or a third party, is involved; or (3) a recognized interest of the public is involved".... (citation omitted).... (emphasis added). In this case, the Defendant breeched the highlighted portion cited in Chicarella when it published the disciplinary action by attaching it to the bulletin board where non-member guests could see and read it for the purpose of defaming the Plaintiff and because there was no reasonable basis for the Defendant's antecedent disciplinary action or its publication thereof. 25. Denied as alleged. The Plaintiff avers to the contrary that paragraph 25 of the Defendant's New Matter is not true. The Plaintiff avers to the contrary that at no time did he ever request the Defendant to post the disciplinary action taken against him on the bulletin board. 26. Denied as alleged. The Plaintiff avers to the contrary that paragraph 26 of the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. 2 By way of further answer and defense, the Plaintiff avers that any conditional privilege, if any, as aforesaid, that the Defendant might have had was lost when the Defendant published the disciplinary action taken against the Plaintiff on the bulletin board where non-members of the organization could see and view the aforesaid matter and also on the Internet. 27. Denied as alleged. The Plaintiff avers to the contrary that paragraph 27 of the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at time of trial. By way of further answer and defense, the Plaintiff avers that malice is not part of the legislative formulation. There is no distinction between "malice" and the "abuse of a conditionally privileged occasion"; 42 Pa.C.S.A. 8343~(a)(7). There is no distinction between to the two legal propositions as the decision in Gutman v. TICO Ins. Co. '1998 WL 306502, 7 (E.D.Pa.) (E.D.Pa.,1998) makes it clear wherein the court held that: "Pennsylvania defines malice as 'a wrongful act, done intentionally without cause or excuse.' " In this case, the wrongful act was posting the impositions of discipline on the Defendant's bulletin board where non-member guests could see them and via e-mails. Those acts were done intentionally. There can be no excuse for posting discipline on a bulletin board and over a-mail where non-members could see the bulletin board and non-members received the e-mails. 3 r 28. Denied as alleged. The Plaintiff avers to the contrary that paragraph 28 of the Defendant's New Matter is a conclusion of law to which no reply is required pursuant to the Pennsylvania Rules of Civil Pnxedure and strict proof thereof is demanded at time of trial. 28. Denied as alleged. The Plaintiff avers to the contrary that paragraph 29 of the Defendant's New Matter is not true. The Plaintiff avers to the contrary that the publication of the disciplinary action was not done with his express permission and that he never expressly directed the Defendant to do so. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant on the Defendant's New Matter. Date: ~D Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ,' ,, David W. Kna er, Esquire Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 KnauerC«3early.com (717) 795-7790 FAX: (717) 795-7793 4 VERIFICATION Subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities, I certify that the facts in the foregoing pleading are true and correct to the best of my information and belief. Date: ~~ 4~- ~d Lincoln S. Miller, Jr. CERTIFICATE OF SERVICE I, David W. Knauer, Esquire, hereby certify that on the 13th day of May, 2010, I served a true and correct copy of the within document via U.S. First Class Mail, prepaid, on the following individual: P. Richard Wagner, Esquire MANCKE, WAGNER, SPREHA & McQUILLAN 2233 N. Front Street Harrisburg, PA 17110 KNAUER & ASSOCIATES, L.S.C ~1 ~ ~ ~ By:V~~~ ~(~, I ~l~~Gt~/ David W.Y<naue4~, squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 FAX (717) 795-7793 LINCOLN S. MILLER, JR., Plaintiff v. THE MECHANICSBURG CLUB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-3232 CIVIL TERM IN RE: DEFENDANT' S MOTION TO COMPEL PURSUANT TO Pa. R.C.P. 4007.1 ORDER OF COURT AND NOW, this 9~' day of August, 2010, upon consideration of Defendant's Motion to Compel Pursuant to Pa. R.C.P. 4007.1, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 21 days from the date of this order. ~ David W. Knauer, Esq. 41 lA East Main Street Mechanicsburg, PA 17055-6514 Attorney for Plaintiff ~ Jeffrey B. Rettig, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc C'op~~s yrui,'led ~~/off BY THE COURT, ,., s f /J r J (~P' ~ / i,,- ~' J. esley Olelr,/Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN S. MILLER, JR., Plaintiff vs. THE MECHANICSBURG CLUB, Defendant DOCKET NO 1 ra'- 09-3 Cif; Civil Action-Law `" PLAINTIFF'S REPLY TO THE DEFENDANT'S MOTION TO COMPEL PURSUANT TO PA R.C.P. NO. 4007.1 1- 2. Admitted. 3. Admitted. 4. - 7. Denied as alleged. The Plaintiff avers to the contrary that by multiple telephone conferences with Jeffrey B. Rettig, Esquire and his associate that he responded to Mr. Rettig's letters. Paragraph 11 of the Defendant's motion contradicts its pleading that the Plaintiff never responded to the Defendant's request. The Defendant plead in paragraph 11 that the defense counsel on July 27, 2010 by telephone informed the Plaintiff that it would seek an Order compelling the Plaintiff's deposition. The Plaintiff's counsel in the July 27, 2010 telephone conference with Jeffrey B. Rettig, Esquire's associate and with Mr. Rettig, conveyed his objections to the defense firm's involvement in this action on the basis that it had a conflict of interest because another member of the defense counsel's firm had represented him on other matters. Plaintiff's counsel did as a compromise offer that he would not object to the defense r -n T1 ,r ?v counsel's involvement in the case if another identified member of the defense firm would take his deposition. The Plaintiff admits that the Defendant's counsel sent the letters to which Plaintiff's counsel replied by telephone. 8. Denied as alleged. The Plaintiff avers to the contrary that the Plaintiff did respond on multiple occasions to Mr. Rettig's letters. Plaintiff's counsel's last response to Mr. Rettig was on September 1, 2010. 9. Denied as alleged. The Plaintiff avers to the contrary that the Defendant has the right to depose the Plaintiff. However, the Plaintiff objected to the particular defense counsel conducting the deposition and offered to appear without Order of Court in the event that the compromise was accepted. As to what the Defendant considers essential to its defense, the Plaintiff is without sufficient information to form a belief as to the truth of the matter plead. 10. - 11. Admitted. Wherefore, the Plaintiff prays that Your Honorable Court will deny the Defendant's aforesaid motion. Date: Respectfully submitted, KN#VER $ ASSOCIATES, L.S.C. vid W. nauer, E quire Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Knauer@early.com (717) 795-7790 FAX: (717) 795-7793 CERTIFICATE OF SERVICE 1, David W. Knauer, Esquire, hereby certify that on the 2nd day of September, 2010, 1 served a true and correct copy of the within document via U.S. First Class Mail, prepaid, on the following individual: Jeffrey B. Rettig, Esquire JOHNSON DUFFIE 01 Market Street .O. Box 109 Lemoyne, PA 17043 KNAUER & ASSOCIATES, L.S.C. By:?''G4:zr ?? ,,L?' David W. Knau r, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 I`IE ~~-~`, i ~'s~~ c~ j~~'~: ;~6~1~ f~~fJi~~~""`~' .,;~ 4. JR`4G~"efiLa R:~IJ t~g1ef.~T'v ~- ~ ~ , a.d , i f , , ,4 !, ••,, .. ,3i"i Johnson, Duffie, Stewart 8~ Weidner By: Jeffrey B. Rettig I . D. No. 19616 Andrew J. Petsu, Jr. I.D. No. 206495 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ibrt~idsw.com ajpta'~_idsw.com Attorneys for Defendant LINCOLN S. MILLER, JR., Plaintiff v. THE MECHANICSBURG CLUB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3232 CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL PURSUANT TO Pa.R.C.P. 4007.1 AND NOW, comes Defendant, The Mechanicsburg Club, by and through its attorneys, Johnson, Duffie, Stewart & Weidner, and moves for an Order compelling Plaintiff s deposition be scheduled by this Court, by respectfully stating the following: 1. Plaintiff commenced this Defamation action by filing a Complaint on or about October 29, 2009. 2. Defendant filed an Answer with New Matter on or about April 29, 2010, and Plaintiff filed a Reply to Qefendant's New Matter on or about May 13, 2010. 3. On April 20, 2010, P. Richard Wagner, Esquire, who represented Defendant prior to the undersigned's entry of appearance for Defendant, sent a letter to Plaintiffs counsel requesting dates to depose Plaintiff. There was no response. (A copy of this letter is attached hereto as Exhibit A.) 4. On June 3, 2010, the undersigned sent a letter to Plaintiff's counsel requesting dates to take Plaintiffs deposition. There was no response. (A copy of this letter is attached hereto as Exhibit B.) 5. On June 28, 2010, the undersigned again sent a letter to Plaintiff's counsel requesting deposition dates. (A copy of this letter is attached hereto as Exhibit C.) 6. Plaintiffs counsel responded by letter dated June 29, 2010. (A copy of this letter is attached hereto as Exhibit D.) 7. On July 2, 2010, the undersigned sent a third letter to Plaintiff's counsel requesting that Plaintiffs deposition be scheduled. Plaintiff's counsel responded by raising spurious conflict of interest claims. (A copy of this letter is attached hereto as Exhibit E.) 8. On July 23, 2010, the undersigned sent to Plaintiffs counsel a fourth letter requesting that Plaintiffs counsel respond within seven (7) days from the date of the letter with possible dates for Plaintiffs deposition. (A copy of this letter is attached hereto as Exhibit F.) 9. The undersigned did not receive a response in regard to the July 23, 2010 letter. V 10. On or about August 2, 2010, Defendant's counsel filed a Motion to Compel Plaintiff's deposition with this Court. 11. On August 9, 2010, The Honorable J. Wesley Oler, Jr., via Order of Court, issued a Rule upon Plaintiff to show cause why the relief requested in Plaintiff's motion should not be granted. (A copy of this Order is attached hereto as Exhibit G.) 12. On or about September 2, 2010, Plaintiff's counsel filed a Reply to Defendant's Motion to Compel. 13. After further communication between counsel, it was agreed that Plaintiffs deposition would be held on October 29, 2010. (A copy of this letter is attached hereto as Exhibit H.) 14. On or about October 13, 2010, the undersigned was informed by Plaintiffs counsel that Plaintiff will not be attending the October 29, 2010 deposition. (See, Exhibit I.) In that letter, it is claimed that Plaintiff is to undergo surgery although no medical report substantiating that claim is included. 15. It is essential that Plaintiffs deposition be scheduled and held so that Defendant is able to prepare its defense in this case. 16. Defendant's counsel has attempted for six months to schedule and complete Plaintiffs deposition. 17. As such, Defendant respectfully requests that this Court issue an Order compelling Plaintiff to attend his deposition. 18. Plaintiff's counsel was apprised of the contents of this Motion by telephone on October 11, 2010, and he does not concur with the Motion. WHEREFORE, Defendant respectfully requests that an Order be entered scheduling Plaintiff's deposition on a date and time to be determined by this Honorable Court at the Law Offices of Johnson Duffie. Respectfully submitted, JOHNSON IE, STEWART & WEIDNER By: Jeffrey B. Re g Attorney I.D. No. 19616 Andrew J. Petsu, jr. Attorney I.D. No. 206495 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant :408697 /~ 'l T "~~~ Exw~B' i-- LAW OFFICES MANCKE, WAGNER & SPREHA 2233 NORTH FRONT STREET JOHN 8. MANCKE HARRISBURG, PA t7i10 P. RICHARD WAGNER EDWARD F. SPREHA, JR. Apri120, 2010 David W. Knauer; Esquire 411-A East Main Street Mechanicsburg, PA 17055 Re: Miller v. The Mechanicsburg Club Dear David: PHONE (717) 234-7051 FAX (717) 234-7080 I do~ wish to depose your client, therefore, please contact my office with some convenient times that he would be available. Your attention is appreciated. Sincerely, P. Richard Wagner PRW/dks ~~ I/ EXHiBiT "B" JERRY R. DUFFLE RICHARD W. STEIVART r C. ROY WEIDNER, JR. EDt1UND G. NIYERS DAVID W. DELUGE J01-IN A. STATLER JEFFERSON J. SHI['A~1:1N JEFFREY B. RETTIG KEV[N E. OSBORNE RALPH. H. 6~~R1GHT, JR. MARK C. DUFFLE JOHN R. 1~'INOSKY MICHAEL J. C.4SSIDY jo~soi~ ]~UFFIE June 3, 2010 David W. Knauer 411A East Main Street Mechanicsburg, PA 17055-6514 Re: Miller v Mechanicsburg's Men's Club Dear Dave: OF COUNSEL RACE A. JDI-INSON LEE SHIPMAN 965-2006) F..-`1}:VL:.jhr''~+ijt'1x- rnrn I have now entered my appearance on behalf of the Defendant in this matter. I would like to schedule your client's deposition for sometime in mid-July. Please let me know what dates best suit you and your client. Thank you. Very truly yours, JO'~iNSON^Dlj~lE, STEWART & WEIDNER 1 / / c g JBR:csj:403104 301 MARKET STREET P.O. BOY 109 LEN101'NE, PENNSI'LVANI.4 17043-0109 6~r'~V1V.JDSIV.CONI 717.761.4540 FAY: 717.761:3015 A7AIL@JDSN.CONI JOHNSON, DUFFIE, STEWART & ~~VEIDNER, P.C. ~. MELISSA PEEL GREEVY ' WADE D. MANLEY ELIZABETH D. SHOVER ANDREtV P. DOLLMAN SARAH E. HDFFA4AN ~ I ~~ C EXHIBIT "C" • ]ERI':'i R. DUFFIE RICHARD hip. STE1~'ART C. RoY IhEIDNER, JR. EDMUND G. A~YERS DAVID IV. DELUGE JOHN A. STATLER JEFFERSON ]. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORI\B RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY r- a Jo~vsoN j~UFFIE ~___ . ~ MELISSA PEEL GREEVY - WADE D. MANLEY ELIZABETH D. SNOVER ANDREW P. DOLLMAN ~ SARAH E. HOFFM.0.N .~ OF COUNSEL A.]OHNSON J~IpMAN ~~'~,»ji'9~65.=2'006) ~~~ June 28, 2010 David W. Knauer 411A East Main Street Mechanicsburg, PA 17055-6514 Re: Miller v Mechanicsburg's Men's Club Dear Dave: advise. I am still awaiting word from you regarding dates to take your client's deposition. Please Very truly yours, HNSON DUFFIE, STEWART &WEIDNER . Retti JBR:csj:405454 301 MARKET STREET P.O. BOX 109 LEM01'NE, PENNSYLVANIA 17043-0109 I~~u.JDSw.coM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWC011~ JOHNSON, DUFFIE, STEWART & ~~IEIDNER, P.C. ii i~ EXH/BlT "D" ~. Knauer & Associates, LSC v~~'~~`!~30 ~` Attorneys-at-Law `°d'~~~,, ~~ 411 A East Main Street, Mechanicsburg, PA 17055 `~fi~j~ Telephone: (717) 795-7790 David W. Knauer Fax : (717) 795-7793 Email: knauerC~early.com June 29, 2010 Jeffrey B. Rettig, Esquire JOHNSON DUFFIE 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Re: Lincoln S. Miller, Jr. vs. The Mechanicsburg Club Cumberland Co. C.C.P. Docket No. 09-3232 Civil Dear Mr. Rettig: In reply to your letter of June 28, 2010, requesting dates to take my client's deposition, you may take the deposition at any time that will work for you; myself, and my client. Therefore, we will reply to you when you offer some dates that will work for you and we can go from there to arrive at a suitable date and time. Ve r ly yours, Da i W. Knauer DWK/jlb cc: Lincoln S. Miller, Jr. 1f ~~ EXH/BI T "E" r JERRY R. DUFFIE - RICHARD W. STEWART ' C. ROY WEIDNER, JR. EDMUND G. MYERS DAV[D W. DELUGE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY 1~ADE D. MANLEY ELIZABETH D. SNOVER ANDREGV P. DOLLMAN SARAH E. HOFFM.AN LAW r O F F I C E S ANDREGV J. PETSU, JR. O~~_-~~ `vO~ OF COUNSEL UFFIE HORACE A. JOHNSON F:~1.1aIL ,jhr!«:jd.~i i•~~rn July 2, 2010 David W. Knauer, Esquire 411A East Main Street Mechanicsburg, PA 17055-6514 Re: Miller v Mechanicsburg's Men's Club No. 09-3232 -Cumberland County C.C.P. Dear Dave: I have your recent letter in this matter. I hope this is not going to turn out to be some sort of game. The dates that I am available to take your client's deposition are as follows: July 16 (all day) July 22 (all day) July 26 (a.m.) August 4 (all day) August 5 (all day) Please let me know when you and your client are available so that these can be scheduled promptly. Very truly yours, JOHNSON, DUFFIE, STEWART& WEIDNER Jeffrey B. Rettig JBR:mas:406104 301 MARKET STREET P.O. BOX 109 LENIOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 1VIAIL@JDSGVC014I 10HNSON, DUFFIE, STEIVART &WEIDNER, P.C. R LEE SEIIPMAN (1965-2006) ~1 EXH/BI T "F" 'r1'!,iTba~'~ f'a'r. ~r>. Ilia E-1~f:L(, jhr'<rj,i~~t.r•nm July 23, 2010 David W. Knauer, Esquire 411 A East Main Street Mechanicsburg, PA 17055-6514 Re: Miller v Mechanicsburg's Men's Club No. 09-3232 -Cumberland County C.C.P. Dear Dave: I have your letter of June 30, 2010, in the above-referenced matter. Your gamesmanship in this case may lead to consequences. Allow me to elaborate. On May 14, 2010, you were advised of my role as likely substituting as defense counsel for Rich Wagner, whom you had raised concerns about regarding an asserted conflict of interest. You called me on May 17, 2010, and said that you felt I may have a conflict. I wrote to you on May 19, 2010, advising you of the information that I had regarding your client's involvement with members of this firm and asking you to set forth any concrete examples that would support a conflict of interest charge. I made specific reference to Rule 1.9 of the Rules of Professional Conduct. Not hearing back from you within the next two weeks, I then entered my appearance on June 3, 2010,. and asked you for some dates to take your client's deposition. Again, not hearing anything from you for the next three and a half weeks, I wrote again on June 28, 2010, asking for deposition dates. You responded by asking me for dates. I then received your letter of June 30, 2010, suggesting that Mr. Duffie had some involvement with Mr. Miller. My question to you is: What does that have to do with anything? Please read Rule 1.9 of the Rules of Professional Conduct which relates to an attorney's duty to former clients and advise me of you and/or your client's position regarding that Rule. I see nothing in your letter of June 30, 2010, that suggests that any member of this firm represented Mr. Miller in "the same or a substantially related matter" as the David W. Knauer, Esquire July 23, 2010 Page 2 instant case. If I do not hear from you within seven (7) days from the date of this letter with some substance to your references to a conflict or a motion to disqualify me, then I intend to move forward with your client's deposition and will file the necessary motion with the court. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Jeffrey B. Rettig JBR:mas:406266 1~ r~~ EXH/BlT "G" LINCOLN S. MILLER, JR., Plaintiff v. THE MECHANICSBURG CLUB, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-3232 CIVIL TERM IN RE: DEFENDANT' S MOTION TO COMPEL PURSUANT TO Pa. R.C.P. 4007.1 ORDER OF COURT AND NOW, this 9~` day of August, 2010, upon consideration of Defendant's Motion to Compel Pursuant to Pa. R.C.P. 4007.1, a Rule is hereby issued upon Plaintiff to show cause why the relief requested.should not be granted. RULE RETURNABLE within 21 days from the date of this order. BY THE COURT, David W. Knauer, Esq. 411A East Main Street Mechanicsburg, PA 17055-6514 Attorney for Plaintiff Jeffr .Rettig, Esq. 30 .Market Street .O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc EXHIBIT "H" JERRY R. DUFFLE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGEIT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASS[DY ~~ Joy ~rsoN ~UFFIE ~ MELISSA PEEL GREEVY '~ WADE D: MANLEY ELIZABETH D. SNOVER ANDREW P. DOLLMAN SARAH E. HOFFMAN ANDREW J. PETSU, JR. OF COUNSEL HORACE A. JOHNSON F LEE SHIPMAN (1965-2006) P~; ~~('J`,sk5riri(9c~t c;rtt David W. Knauer, Esquire 411A East Main Street Mechanicsburg, PA 17055-6514 September 13, 2010 Re: Miller v Mechanicsburg's Men's Club No. 09-3232 -Cumberland County C.C.P. Dear Dave: This will confirm the scheduling of your client's testimony in the above case for October 29, 2010 beginning at 9:00 a.m. at your office. Enclosed is the Notice of Deposition-for your client. We have secured the services of the court reporter. I understand after scheduling this deposition that your client wanted all parties to know he may not attend due to hernia surgery. My office suggested changing the date of the deposition to accommodate your client prior to his surgery. However, your office felt this was not necessary. Very truly yours, JOHNSO IE, Rettig JBR:jrs:413935 Enclosure bc: Richard Wagner, Esquire (w/o encl.) STEWART &WEIDNER 301 MARKET STREET P.0. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540. FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART &WEIDNER, P.C. 9~ / EXHIBIT "l" ,., , r,'- ;~ ~ r."_ Knauer & Associates, LSC ~ ' ~~'~ ~ .~.~k ~ ~~ 3 Attorneys-at-Law =~: ~ ;~, ;, '~ a ~ ~ ,' .~ 411A East Main Street, Mechanicsburg, PA 17055 `'°°~ f ij~ t t. ~~%^ ~f Telephone: (717) 795-7790 Fax : (717) 795-7793 David W. Knauer ~'°~ Email: knauer(a~early.com October 16, 2010 Jeffrey B. Rettig, Esquire JOHNSON DUFFIE 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Re: Lincoln S. Miller, Jr. vs. The Mechanicsburg Club Cumberland Co. C.C.P. Docket No. 09-3232 Civil Dear Mr. Rettig: This confirms our telephone conference of the week of October 11, 2010 wherein I informed you that my client is undergoing hernia repair surgery and will be unavailable for the scheduled October 29, 2010 deposition. Although he will be unavailable on that date, he will be available on or after November 15, 2010. Please check your calendar and provide me with three dates when you are available and I will co-ordinate my client's schedule and my schedule. My client is, of course, looking forward to the deposition so that we can move the case to trial as soon as practicable: Also, I would call to your attention that my office will be closed until Monday, October 25, 2010. I do not anticipate that you would need to contact me before my office re-opens on October 25, 2010 Very truly yours, DWK --~ ,, 1 ' Q / / ., ~ "` l David W. Knauer cc: Lincoln S. Miller, Jr. t i P CERTIFICATE OF SERVICE AND NOW, this Z ~ day of October, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing Motion to Compel Pursuant to Pa.R.C.P. 4007.1 upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David W. Knauer, Esquire 411A East Main Street Mechanicsburg, PA 17055-6514 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: Andrew J. Pets LINCOLN S. MILLER, JR., Plaintiff v. THE MECHANICSBURG CLUB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-3232 CIVIL TERM IN RE: DEFENDANT' S MOTION TO COMPEL PURSUANT TO Pa. R.C.P. 4007.1 ORDER OF COURT AND NOW, this 26~' day of October, 2010, upon consideration of Defendant's Motion to Compel Pursuant to Pa. R.C.P. 4007.1, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days from service. BY THE COURT, avid W. Knauer, Esq. 411A East Main Street Mechanicsburg, PA 17055-6514 Attorney for Plaintiff e ey B. Rettig, Esq. Andrew J. Petsu, Jr., Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc ~~~5 ~~ C~ eaP to~22 f !d ~~ ~ ~ ~ r~ s ~ f~ ~~ ~.~esley Oler~"., J. ~ 1 ~_ ~ ~ m - ~ ~ i n C~ ~ v te N rs. :~ t7 -- ~- r ,~ ~, ;,~ ~ ..c -~, v ~, ~, a, o -~ `° ~O y,c ~ ~m ~ ~ C~ ~ D ~ ~: S 4 Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com no, 16 I" Attorp The ;44, LINCOLN S. MILLER, JR., Plaintiff V. THE MECHANICSBURG CLUB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 09-3232 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant, The Mechanicsburg Club, by and through its counsel, Johnson, Duffie, Stewart & Weidner and files this Petition to Make Rule Absolute by respectfully stating the following: 1. Plaintiff commenced this Defamation action by filing a Complaint on or about October 29, 2009. 2. On October 22, 2010, Defendant filed a Motion for Leave of Court to Take Plaintiff Lincoln Miller's Deposition. 3. On October 26, 2010, The Honorable J. Wesley Oler, Jr. issued a Rule to Show Cause which ordered Plaintiff to show cause why Defendant's Motion should not be granted. A copy of the Rule to Show Cause is attached hereto as Exhibit A. 4. The deadline for Plaintiff to respond to the rule to show cause was Friday, November 12, 2010. 5. Plaintiff has filed no response to the Rule to Show Cause. 6. Counsel for Defendant contacted counsel for Plaintiff, and Plaintiffs counsel is agreeable to producing Plaintiff for his deposition on Wednesday, November 17, 2010 at 2:30 p.m. WHEREFORE, Defendant respectfully requests that this Honorable Court make the previously issued Rule to Show Cause absolute, and enter an Order directing that Plaintiffs deposition be taken on November 17, 2010 at 2:30 p.m. at the Law Office of David Knauer. Respectfully submitted, Date: 4 t / IS' (v JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeffrey B. Retti squire Attorney I.D. No. 19616 Andrew J. Petsu, Jr., Esquire Attorney I.D. No. 206495 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: jbr@jdsw.com Attorneys for The Mechanicsburg Club LINCOLN S. MILLER, JR., Plaintiff V. THE MECHANICSBURG CLUB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-3232 CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL PURSUANT TO Pa. R.C.P. 4007.1 ORDER OF COURT AND NOW, this 26 h day of October, 2010, upon consideration of Defendant's Motion to Compel Pursuant to Pa. R.C.P. 4007. 1, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days from service. BY THE COURT, David W. Knauer, Esq. 411A East Main Street Mechanicsburg, PA 17055-6514 Attorney for Plaintiff Je y B. Rettig, Esq. drew J. Petsu, Jr., Esq. e41 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant a _ 1 J. Wesley Oler, Jr:, J. :rc CERTIFICATE OF SERVICE AND NOW, this l ? day of November, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David W. Knauer, Esquire 411A East Main Street Mechanicsburg, PA 17055-6514 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: Andrew J. 136tW LINCOLN S. MILLER, JR., Plaintiff V. THE MECHANICSBURG CLUB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-3232 CIVIL TERM IN RE: DEFENDANT'S PETITION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 22"d day of November, 2010, upon relation of Jeffrey B. Rettig, Esq., attorney for Defendant, that the deposition of Plaintiff scheduled for November 17, 2010, did take place, the motion is deemed moot. BY THE COURT, David W. Knauer, Esq. 411 A East Main Street Mechanicsburg, PA 17055-6514 Attorney for Plaintiff Jeffrey B. Rettig, Esq. Andrew J. Petsu, Jr., Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc Copses t-xca,.'w 111a3110 aL J. esley Oler, r , J. ` rn r?-2 w d° --r zo ? ©? ! -w r CA A PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Lincoln S. Miller, Jr. vs. The Mechanicsburg Club (List the within matter for thext: 0 W o --t ? ---------------------------------- X? " Fn vs r _ o rn tr 7 Q > , S CJ = -rr ? - - C- Ca ?z r No. 2009-3232 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: David W. Knauer, Esquire (Name and Address) 411-A East Main Street, Mechanicsburg, PA 17055 (b) for defendants: Jeffrey B. Rettig, Esquire and Andrew J. Petsu, Jr., Esquire (Name and Address) 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: January 14, 2010 Andrew J. Petsu, Jr. Print your name Defendant _ Attorney for Date: INSTRUCTIONS: 1. Original and 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. CERTIFICATE OF SERVICE AND NOW, this 1S'}lay of December, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David W. Knauer, Esquire 411A East Main Street Mechanicsburg, PA 17055-6514 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER B. Andrew J. etsu, Jr. 1 aLt1t ryi f ?ry c - r r:. Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I . D. No. 19616 Andrew J. Petsu, Jr. I.D. No. 206495 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ibrta'?jdsw.com aiPO-odsw.com LINCOLN S. MILLER, JR., Plaintiff V. THE MECHANICSBURG CLUB, Defendant NO. 09-3232 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Defendant, The Mechanicsburg Club ("Club"), by and through its counsel, Johnson, Duffie, Stewart & Weidner, P.C., and files this Motion for Summary Judgment by respectfully stating the following: 1. This matter arises from an incident that allegedly occurred on January 18, 2009, on the Defendant's premises. See, Plaintiff's Complaint, ¶ 1. 2. At the time of the incident, the Plaintiff was a member of the Club and alleges that he was engaged in conversation with another member, when the Treasurer of the Club, Attorneys for Defendant The Mechanicsburg Club IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gerald Bender, overheard the conversation and interjected negative comments directed toward the Plaintiff, who informed Mr. Bender that he was not part of the conversation and to keep out of his business. See, Complaint, ¶¶ 3 - 5. 3. Plaintiff alleges that as a result of the above-mentioned exchange with Mr. Bender, the Defendant suspended the Plaintiff's membership privileges on the basis that he had engaged in conduct unbecoming a member and fined him $25.00, by letter dated January 19, 2009. See, Complaint, ¶¶ 7, 8. 4. Plaintiff alleges that the Defendant then posted the Club's board meeting minutes, stating that the Plaintiff was censured, on the Club's bulletin board. See, Complaint, 19; Deposition of Lincoln Miller attached hereto as Exhibit A, p.. 52. 5. Plaintiff alleges that the Defendant's publication of the minutes defamed his good name and character. See, Complaint, ¶ 18. 6. There is no evidence that the minutes were published to any non-members of the Club as shown by the Plaintiff's deposition testimony: Q: And did the minutes of the meeting say why you were fined? A: Conduct unbecoming a member. Q: Do you know of any member of the general public who read the minutes of the meeting to find out that you were fined for conduct unbecoming a Club member? A: The Club minutes -- no, I do not know that. The Club minutes are not a matter of public - for public consumption. That's not to say they don't get outside the Club. Q: Do you know of anybody who's not a member of the Club who read the minutes of the meeting that indicated that you were fined? A: No. Q: Do you know of anyone who is not a Club member who knows that you were fined by the Club for conduct unbecoming a Club member? A: Do I know? No. See, Exhibit A, pp. 80, 82-83, 85. 7. The Club cannot be held liable in this matter because the alleged defamatory communication was conditionally privileged. 8. "With respect to defamation in Pennsylvania, courts recognize a conditional privilege when a speaker and recipient share a common interest in the subject matter and both are entitled to know about the information." Foster v. UPMC South Side Hosp., 2 A.3d 655 (Pa. Super. 2010). 9. "The common interest of members of religious, fraternal, charitable or other nonprofit associations, whether incorporated or unincorporated, is recognized as sufficient to support a privilege for communications among themselves concerning the qualifications of the officers and members and their participation in the activities of the society." Rankin v. Phillippe, 211 A.2d 56 (Pa. Super. 1965). 10. "Once a conditional privilege applies, a plaintiff's defamation cause of action can survive only if the privilege was abused. Abuse of a conditional privilege is indicated when the publication is actuated by malice or negligence, is made for a purpose other than that for which the privilege is given, or to a person not reasonably believed to be necessary for the accomplishment of the purpose of the privilege, or included defamatory matter not reasonably believed to be necessary for the accomplishment of the purpose." Foster. 11. The Club cannot be held liable in this case, as a matter of law because the minutes were not published to the public, but rather, were posted on the Club's bulletin board for the Club's members to review. 12. It is clear from the facts pleaded by the Plaintiff and his deposition testimony, that the publication in question was made on a conditionally privileged occasion because publication was made to persons who had a common interest in the subject matter. WHEREFORE, Defendant, The Mechanicsburg Club, respectfully requests that this Honorable Court grant its Motion for Summary Judgment and that Plaintiff's cause of action be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART WEIDNER BY: Jeffrey B. Rettig, uire Attorney I.D. No. 19616 Andrew J. Petsu, Jr., Esquire Attorney I.D. No. 206495 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant :424071 EXHIBIT "A" 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN S. MILLER,•JR., . Plaintiff . No. 09-3232 Civil VS. THE MECHANICSBURG CLUB, Civil Action - Law Defendant Deposition of: LINCOLN S. MILLER, JR. Taken by Defendant Date November 17, 2010; 3:00 p.m. Place 411-A East Main Street Mechanicsburg, Pennsylvania Before Susan D. Kashmere, RPR Reporter - Notary Public APPEARANCES: DAVID W. KNAUER, ESQ. For - Plaintiff LAW OFFICES OF JOHNSON D'UFFIE By: JEFFREY B. RETTIG, :ESQ. For - Defendant ALSO PRESENT: BILL SWANK FRITZ ORRIS Exhibit "A" 2 4 INDEX 1 date of the Complaint. WITNESS 2 A. Right. LINCOLN S. MILLER, JR. Examination 3 BY MR RETTIG: 4 Q. What's your address;! By Mr. Rettig 3,90 5 A. 3413 Highlands Bridge Road, Sarasota, Florida. 6 Q. How long have you lived there? By Mr. Knauer 89 7 A. Oh, since December of last year. 8 Q. December, 2009, okay. Where did you live 9 before that? 10 A. 913 Peachtree Drive, Mechanicsburg, 11 Pennsylvania. 12 Q. How long did you live there? 13 A. Approximately 19 years. 14 Q. Are you married? 15 A. Yes. 16 Q. What's your wife's name? 17 A. How is that relevant to the case, sir? 18 Q. Just answer the question. 19 A. I'm asking you, how is it relevant to the case? 20 Q. I want to know your wife's name. I'm going to 21 ask if you have any children, your children's 22 names as well. 23 A. I'm trying to understand, because I don't want 24 you harassing them. 25 Q. And I won't. Ask your attorney if you should 3 5 1 STIPULATION 1 answer the question or we can go to the court 2 It is hereby stipulated by and between 2 and come back some other time. 3 counsel for the respective parties that 3 MR KNAUER: Yes. 4 reading, signing, sealing, filing, and 4 A. My wife's name is Deborah. 5 certification are hereby waived, and that all 5 BY MR RETTIG: 6 objections, except as to the form of the 6 Q. And does she live with you in Sarasota? 7 question, are reserved to the time of trial. 7 A. Yes. 8 LINCOLN S. MILLER, JR., called as a 8 Q. Do you have any children? 9 witness, being duly sworn, testified as 9 A. Yes. 10 follows: 10 Q. What are their names and ages? 11 EXAMINATION 11 A. Steven, 46. 12 BY MR RETTIG: 12 Q. Where does he live? 13 Q. State your name, please. 13 A. He lives in Gilbertsville, Pennsylvania. 14 A. Lincoln S. Miller, Jr.. 14 Q. Is that in Dauphin County or Cumberland County? 15 Q. Where do you live? 15 A. No, that's actually in Berks County. 16 A. Is that relevant to this case? 16 Q. Any other children? 17 Q. Yes, it is. 17 A. No. 18 A. Why is that? 18 Q. Okay. What's your date of birth? 19 Q. Are you going to tell me where you live or not? 19 A. 216/44. 20 A. I'm asking you why it's relevant and I'll tell 20 Q. How far did you get in school? 21 you. 21 A. How is that relevant to the case? 22 Q. I've told you it's relevant. It's relevant. 22 Q. Ask your lawyer. 23 Ask your own attorney if it's relevant. 23 A. I have a college degree. 24 MR KNAUER- It's already plead in the 24 Q. From where? 25 Complaint. Oh, you have a new address from the 25 A. Bloomsburg State University. 2 (Pages 2 to 5) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 6 8 1 Q. In what? 1 Q. And when did you last work for AMP Inc ? 2 A. Accounting. 2 , . A. In 1998. 3 Q. Any training after that or education after 3 Q. And did you retire at that time? 4 that? 4 A. Yes. 5 A. No, other than what I got through my company. 5 Q. Have you worked for pay since then? 6 Q. Okay. Did you serve in the military? 6 A. Yes. 7 A. No. 7 Q. Doing what? 8 Q. Did you gain employment after graduating from 8 A. International consulting. 9 Bloomsburg? 9 Q. For an employer or just on your own? 10 A. Yes. 10 A. No, for an employer. 11 Q. What was your employer or who was your 11 Q. Who was that? 12 employer? 12 A. Lorom, Incorporated. 13 A. How is that relevant? 13 Q. And do you still do that? 14 Q. Ask your lawyer. 14 A. No. 15 A. I don't think that that's relevant to this. 15 Q. When did you last do that? 16 Q. Ask your lawyer. 16 A. 1995 -- or 2005. 17 MR- KNAUER: They can ask that question. 17 Q. Any other work" for pay after your retirement 18 A. I know they can ask the question. I can't get 18 from AMP? 19 an answer from the attorney here how it's 19 A. Nope. 20 relevant. 20 Q. Have you worked since you left Lorom, Inc. in 21 BY MR. RETTIG: 21 2005? 22 Q. You either answer the question or ask your 22 A. Nope. 23 lawyer or refuse to answer the question. 23 Q. Do you have any criminal background, sir? 24 A. I refuse to answer the question. 24 A. Nope. 25 Q. I just want you to understand, you're going to 25 Q. Have you ever been arrested? 7 9 1 refuse to answer that question, I will go to 1 A. No. 2 the court, seek a court order telling you to 2 Q. How long have you been a member of The 3 come back here. 3 Mechanicsburg Club? 4 A. That's fine. 4 A. Over 35 years, 37 counting the two that I 5 Q. You're refusing to answer the question? 5 haven't been in there lately. 6 A. No. I am asking you how it's relevant. 6 Q. When did you join the Club, if you remember? 7 Q. It's not for you or I to decide relevance, sir, 7 A. Well, 2010 minus 37. 1972 I think is the date. 8 at this point in time. This is a deposition. 8 Q. And you were, according to some records that 9 A. I know, but -- 9 were in your Complaint, you were suspended in I 10 Q. That's okay, if you don't want to answer, 10 think sometime in 2009 if you didn't pay a $25 11 that's fine, we'll have you come back. 11 fine? 12 A. Maybe you should understand, sir, why I don't 12 A. Right. 13 want to answer it. 13 Q. Have you considered yourself a member of the 14 Q. I don't care why you don't want to answer it. 14 Club since then? 15 It doesn't make any difference to me. We'll 15 A. Yeah, I do. 16 have you come back and you can answer it at a 16 Q. So you still consider yourself a member of the 17 later time. 17 Club? 18 A. All right, I'll tell you who it is. Since you 18 A. Right. 19 want to be abrasive about it, that's fine with 19 Q. When was the last time you were in the Club? 20 me. 20 A. January 20th or 21 st, 2009. 21 Q. Okay' 21 Q. In the 37 years that you've been a member of 22 A. It was AMP, Incorporated, former AMP, 22 the Club have you ever read the by-laws of the 23 Incorporated. 23 Club? 24 Q. What did you do for AMP, Incorporated? 24 A. I don't believe I ever got a copy of them. .25 A. I was a Vice President. 25 Q. Have you ever read the by-laws of the Club? 3 (Pages 6 to 9) Filius & McLucas Reportin g Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 10 12 1 A. I have subsequently, yes. 1 January 17 and January 18, 2009. Are you aware 2 Q. When did you read the by-laws of the Club? 2 that there were some activities you were - 8 A. After we asked for them, Attorney Knauer asked 3 A. No. I am aware that I got the letter. I wrote 4 for them. 4 three Certified Mail, Return Receipt letters to 5 Q. Okay. And he obtained them and furnished them 5 the Club. 6 to you? 6 Q. You'll get a chance to talk about those. 7 A. No, actually, he asked them for them in a 7 A. Let me answer the question, sir. 8 request that was filed with the court with the 8 Q. You did answer the question, sir. 9 Club's attorney, Richard Wagner. He never 9 A. No, I didn't. 10 responded. So I went to a friend of mine, 10 MR. KNAUER: Let him finish answering this 11 who's a member of the Club, and I borrowed his 11 question, Jeff. 12 copy. 12 MR RETTIG: Okay. We'll be here as long 13 Q. Who was that? 13 as you want. 14 A. Donald Brashear. 14 BY MR. RETTIG: 15 Q. Is there a reason you didn't have your own 15 Q. Co ahead, you got something to say. 16 copy? 16 A. I sent three Certified Mail, Return Receipt 17 A. Well, I was never given one. That's the 17 letters to the Club. I have copies of the 18 reason. I think I already told you that. 18 receipts that they were received in those 19 Q. Did you ever ask for a copy? 19 letters. I asked specifically what is the 20 A. No. 20 definition of conduct unbecoming a member. 21 Q. Okay. And did you ever read them before you 21 I got a call from the Club's Secretary, 22 got a copy from Mr. Brashear? 22 Jerry A. Temple, telling me -- he prefaced his 23 A. No -- well, I can't say that. I just don't 23 call by saying this is not an official call. 24 remember that I did or I didn't. 24 That's documented in my ]letter. He said there 25 Q. Well, let me ask you this. Do you recall ever 25 is no definition in the by-laws of the Club for 11 13 1 reading the by-laws before you got a copy from 1 conduct unbecoming a member. 2 Mr. Brashear? 2 So then I asked in my letters, well, 3 A. I think I just answered that. I said I can't 3 specifically what is it that I have done to 4 recall whether I did or I didn't. 4 warrant this action. No response. 5 Q. And when did you get the by-laws from Mr. 5 Q. Okay. Let me show you what's marked as Exhibit 6 Brashear? 6 A. Do you recognize that letter? 7 A. I don't recall. 7 A. Yes. 8 Q. Was it this year, that is, 2010? 8 Q. And I say it's Exhibit A because it was marked 9 A. I don't recall. 9 as Exhibit A to the Complaint that was filed on 10 Q. So you don't recall whether it was this year or 10 your behalf in this case. 11 last year? 11 A. Okay, that's fine. 12 A. It's one of the two as a result of this 12 Q. And that's a letter to you from Jerry Temple? 13 incident. 13 A. Right. 14 Q. Do you still have a copy of the by-laws? 14 Q. Dated January 19, 2009, correct? 15 A. I have his borrowed copy. 15 A. Right. I have a copy of it here in my file. 16 Q. Oh, you haven't returned them? 16 Q. And it makes reference to actions at the bar on 17 A. I'm going to. 17 January 17 and 18, 2009. Do you see that? 18 Q. Well, you haven't up to this point in time? 18 A. Yes. 19 A. No. 19 Q. Now, do you know what actions they're referring 20 Q. Did you ever serve as an officer in the Club 20 to? 21 before? 21 A. I have absolutely no idea. I can tell you only 22 A. No. 22 about an action or an incident that occurred on 23 Q. My understanding is that you were suspended 23 the 18th, but it was not of my making. 24 because of certain activities, according to a 24 Q. Well, before you do that, were you at the 25 letter that was sent to you, that occurred on 25 Mechanicsburg Club bar on January 17 and 18? 4 (Pages 10 to 13) Filius & McLucas Repotting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 14 16 1 A. Yes. 1 A. So I asked Jerry Temple, I said, you know, this 2 Q. Okay. How often did you go there back in 2 doesn't specify, it's kind of ambiguous about 3 January of 2009? 3 where this money is going, okay, and who the 4 A. Probably, like any other lifetime member, on a 4 check is being written to and so forth. And as 5 daily basis. 5 a member of the Club, you know, that's a pretty 6 Q. You went there on a daily basis? 6 sizeable amount and the Club was cutting back 7 A. Yeah, probably. 7 on its funding of various community events and 8 Q. Is that the way you remember it? 8 all of a sudden here is $30,000 for something; 9 A. Yes. 9 fine. So he said, well, you'll have to ask the 10 Q. Okay. So on January 17th was there any kind of 10 Treasurer. Okay. So low and behold the next 11 an action that you can think of that might have 11 moment the Treasurer appears. 12 led to this letter, not the 18th, but the 17th? 12 Q. Who was that? 13 That's the day I'm talking about. 13 A. Michael D. -- or I'm sorry -- yeah, Michael D. 14 A. Well, I got to tell you, the only thing that I 14 Bender. 15 can recall on the 17th, we were sitting at the 15 Q. And was it you and Mr. Stacey and Mr. Temple? 16 bar -- 16 A. No, Temple had left by this time. 17 Q. Who's we? 17 Q. So you and Mr. Stacey were still there 18 A. Myself and a gentleman by the name of Mike 18 together? 19 Stacey, who's a Club member, obviously. And we 19 A. Right. 20 were discussing an ambiguity in the minutes 20 Q. And then Mr. Bender comes in? 21 that were posted on the board. 21 A. Right. 22 Q. What was the ambiguity that you were 22 Q. And do you have a conversation with Mr. Bender? 2 3 discussing? 23 A. I asked him, I said, you know, what is the 24 A. Well, the Club apparently was going to write 24 purpose of the payment, the funding, I thought 25 after feigning lack of money to support the 25 we didn't have the money and to whom is the 15 17 1 annual picnic that year, all of a sudden 1 check being written. 2 decided to fund $30,000 to some event. And the 2 Q. This is about the $30,000 item? 3 question was, well, it didn't say -- the 3 A. Yeah. 4 minutes did not say to whom the money was 4 Q. Okay, And what did he say? 5 going. It was just -- that was it. 5 A. He said, I'm not going to answer that, come to 6 So-- 6 the meeting next time. And then Mr. Stacey 7 Q. Can I interrupt you for a second? These are 7 said, now, is that clear to you, to me. I 8 minutes of what? 8 said, yes, absolutely. 9 A. Of the Club. 9 Q. Did you say you'd come to the next meeting then 10 Q. Minutes of a meeting? 10 to talk about it? 11 A. No, of the Club's meeting, yes. 11 A. No, I didn't. That was his response. I didn't 12 Q. Were you at the meeting that the minutes - 12 respond to him other than that. The response 13 A. No, I was not at the meeting. They post the 13 was a very arrogant response. 14 minutes on the bulletin board. 14 Q. Okay. And did you have anymore conversation 15 Q. But are you as a Club member allowed to go to 15 with Mr. Bender that day? 16 the - 16 A. Nope. 17 A. Sure. 17 Q. How about with Mr. Temple? 18 Q. Had you gone to that meeting? 18 A. Nope. 19 A. No. 19 Q. Did you talk to any of the other Club members 2 0 Q. So you had read the minutes of that meeting and 20 about your concern on that day about - 21 there was an ambiguity? 21 A. No, I did not. 22 A. Right. 22 Q. Sir, if you let me finish the question it will 2 3 Q. And you were discussing that with Mr. Stacey? 23 be easier when the time comes. 24 A. Mr. Stacey. 24 Did you have any conversation with any 25 Q. Okay' 25 other Club members on that day about this 5 (Pages 14 to 17) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 18 20 1 $30,000 expenditure? 1 time and I'll just let it pass. 2 A. No, I did not. 2 Q. Okay. So you were going to file a complaint as 3 Q. Okay. Now, did anything happen then the next 3 a result of - 4 day, January 18th? 4 A. The thought had crossed my mind. 5 A. Yes, there was an event on the morning of the 5 Q. If you'd let me finish the question. 6 18th. 6 A. Okay. 7 Q. What was that? 7 Q. You were contemplating filing a complaint 8 A. Well, Mr. Bender -- I'm sitting at the bar, 8 against him as a result of what he did on 9 again, with Mr. Stacey and a now deceased 9 January 18th that you just related, correct? 10 member, Joseph Kelly, and we were watching TV 10 A. Correct 11 about the impending inauguration and there's 11 Q. You decided against that because that kind of 12 various discussion and banter going back and 12 stuff goes on? 13 forth. 13 A. Right 14 Mr. Bender walks over to the ATM machine, 14 Q. Had you had any history with Mr. Bender as far 15 does his business there and comes back and on 15 as - 16 his way back puts himself in my face. And he 16 A. No, not directly. I did ask the then 17 says to me, what do you say? Okay. And my 17 President, John Renninger, who is now deceased 18 response to him, if you read my letter, I said 18 - Mr. Bender, unannounced to anybody or 19 three things to him. I said, excuse me, I 19 unknown to anybody, was apparently running for 20 wasn't speaking to you and please don't inject 20 the office of Treasurer and he was in training 21 yourself into a conversation you're not a party 21 before nomination. 22 to. 22 So I mentioned to John, I said, you know, 23 Q. Had you been in a conversation before he put 23 John, I said, this seems to me a little 24 himself in your face? 24 inappropriate the guy should be going through 25 A. Yes, that's what I just said. 25 all this training, what if he doesn't win the 19 21 1 Q. Okay. What was your conversation about? 1 election. And Renninger's response to me was, 2 A. I just told you, it was about the inauguration 2 well, there's nobody else running. I said, 3 event on the TV. 3 well, how do you know? Okay? 4 Q. And it was that conversation then he 4 Q. Now, this all took place sometime before these 5 interrupted? 5 events in January? 6 A. Yes. 6 A. Yes, that's con-ecL 7 Q. And then you said what you told us, you said 7 Q. And as of January 17 and 18, was Mr. Bender the 8 that -- 8 elected Treasurer of the Club? 9 A. Right. 9 A. Yes. 10 Q. Then what happened? 10 Q. Okay. Had anybody run against him? 11 A. Then he went down to the end of the bar, he, 11 A. I don't know. I didn't go to the election. I 12 Mr. Bender, sat down, pointed his finger at me 12 don't believe so, but I don't know. 13 and threatened me and he said you watch what 13 Q. Any history between you and Mr. Bender other 14 you say. 14 than that? 15 Q. Did you respond to that? 15 A. No, no, no. 16 A. No -- oh, yes, I did. I'm song, I did. I 16 Q. That Exhibit 1 indicates that as a result of 17 asked him if he was trying to impair my First 17 charges brought against you for actions on 18 Amendment rights. 18 January 17th and 18th the Governing Body voted 19 Q. And did he respond to that? 19 to fine you $25, as provided for in the 20 A. No. 20 by-laws. Do you see that there? 21 Q. Was that the extent of your conversation at 21 A. I can read. 22 that point? 22 Q. Okay. And you've read the by-laws since? 23 A. That was it. I considered filing a complaint 23 A. I can read. 24 against him and then I thought, well, you know, 24 Q. And is the Governing Body under the by-laws 125 this kind of thing goes on in the Club all the 25 allowed to fine you $25? 6 (Pages 18 to 21) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 22 24 1 A. I don't know, because I don't know what I did. 1 A. 20th, yeah, I believe, because I think this 2 Q. Well, I'm just saying, do the by-laws talk 2 meeting that spawned this letter occurred -- it 3 about the Governing - 3 was pretty obvious that it was occurring 4 MR KNAUER. I think you're asking him for 4 because you could see all the officers 5 a legal conclusion. 5 mustering on a Monday night, which is unusual. 6 MR. RETTIG: Well, he can read. 6 Q. Well, it says right here, it says that a 7 BY MR. RETTIG: 7 special meeting of the organization held on 8 Q. I'm just saying, does the by-laws say anything 8 Monday, January 19th. 9 about the Governing Body's entitlement to fine 9 A. Right, right. 10 members? 10 Q. So you saw something that was going on on the 11 A. It discusses that. 11 19th? 12 Q. And you've read that part? 12 A. Right. 13 A. Yeah. 13 Q. But you didn't know what it was? 14 Q. And the next sentence or the next paragraph of 14 A. No. 15 this letter says, You immediately stand 15 Q. You go back the 20th and the bartender - 16 suspended from the Club and all Club activities 16 A. The bartender hands me this thing and his 17 until you have met the above obligations? 17 comment was I don't know what this is. Well, 18 A. Right. 18 there is nothing that goes on in the Club that 19 Q. Do the by-laws entitle the Governing Body to 19 people don't know what it is. 20 suspend a member? 20 So I opened the letter, I requested to 21 A. I believe so. 21 speak to the Manager, which I did. He read the 22 Q. Okay. And did you pay the fine? 22 letter. He said, I'll see if I can get a hold 23 A. No. 23 of somebody and do something, couldn't get a 24 Q. Did you ever go back to the Club after you were 24 hold of somebody. So he hands me the letter 25 suspended effective January 19 I guess? 25 back. I said, I won't accept it, I'll accept 23 25 1 A. No. 1 it by mail. And I believe I received a copy 2 Q. So the last time you were in the Club was on 2 the 21 st. 3 January 18th? 3 Q. Did you go back to the Club then on the 21st? 4 A. I think I already answered that question. 4 A. I don't recall. 5 Q. Yeah, but you answered it differently. Do you 5 Q. Okay. So your last - 6 want to answer it again? 6 A. I may have, but I don't recall. 7 A. No, I did not answer it differently. 7 Q. Your last recollection, from what you just told 8 Q. When was the last time you were in the Club? 8 me, is you remember being there the 20th? 9 A. I told you it was either January or January 9 A. Right, I know I was there that day. 10 21st. 10 Q. You don't have a recollection of going back the 11 Q. Say that again. 11 21st? 12 A. January or January 21 st of 2009. 12 A. No, but I could have been. That's why I told 13 Q. January 20th or January 21st are you saying? 13 you both dates. 14 A. Yeah. 14 Q. Okay. And why would you have gone back on the 15 Q. So when did you get this letter I guess is the 15 21 st after you knew you had been suspended, if 16 best way to ask it? 16 you did? 17 A. I got this letter probably in the mail at my 17 A. Well, because the Manager was supposedly 18 home on the 21st. 18 working on the issue, okay. And my card key 19 Q. Okay. 19 was active and nobody barred me and they took 20 A. This letter was put in a bartender's box, cash 20 my money to buy a drink. 21 box at the Club when I went in on the morning I 21 Q. Well, if you were thereon the 21st; you're not 22 think of the 20th. And the bartender handed me 22 sure you were, though? 23 the letter and I opened it and I immediately 23 A. That's correct. 24 requested to see the Club Manager. 24 Q. Okay. So you're not saying you went and got a 125 Q. This is all on the 20th? 25 drink on the 21st? 7 (Pages 22 to 25) Filius & McLucas Reporting Service, Inc. ' Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 26 28 1 A. I may have. I think I did, but I wouldn't 1 A. Yes. 2 swear to it. 2 Q. And what was the correction? 3 Q. And then you send a letter, sir, which was 3 A. I don't recall. The amended copy is in my mind 4 marked as your Exhibit B to Mr. Temple. And I 4 the one -- I think I may have spelled 5 put a copy of that in front of you, correct? 5 Renninger's name incorrectly or something. I 6 A. I sent three letters. 6 don't recall. 7 Q. I'm just going to take them one at a time. 7 Q. But you sent a letter before this one, which 8 A. Okay. Let me confirm that with my copy. 8 was not amended, then you sent this one, which 9 You're missing a page in your letter. 9 was amended, right? 10 Q. Well, then your Complaint is missing a page. 10 A. That's why you send amendments. 11 A. No, my Complaint was filed by Attorney Knauer 11 Q. Is that what you did? 12 with the Court. There's three pages to the 12 A. When you file taxes and you change them you 13 letter. You're missing one. 13 send an amendment. So you filed one paper, 14 Q. There are three pages? 14 then you amend it and file another paper. That 15 A. Do you want to see the letter? 15 is the process here. 16 Q. Well, I have the two pages. The third page 16 Q. And you sent a letter to Mr. Temple. Was it 17 wasn't attached to the copy of the Complaint I 17 dated January 21, 2009 as well, like the 18 got. 18 amended one is? 19 A. The third page tells you who the letter went 19 A. Yes. 20 to. 20 Q. In Part 1 of that January 21, 2009 letter on 21 Q. Okay. Well, then I don't have the third page. 21 Page 1 you say you didn't do anything wrong and 22 A. Then you don't have the complete letter. 22 that you don't even know what the written 23 Q. I just got the first two pages of it. So 23 definition of conduct unbecoming a member 24 that's what's in front of you as Exhibit B. Do 24 means. Do you see that part? 25 you recognize Exhibit B as being the first two 25 A I have it. Yes, I wrote that. 27 29 1 pages of it? 1 Q. What does it mean to you? 2 A. Here it is, I wrote it. 2 A. It doesn't mean anything to me because there's 3 Q. Of your January 21, 2009 letter. At the top of 3 no definition. 4 that letter it says, Please distribute to 4 Q. Well, had you read the by-laws at that time to 5 Messrs. Orris, Renninger and Temple. Do you 5 know? 6 see that? 6 A. There's no definition in the by-laws. 7 A. I beg your pardon? 7 Q. Had you read the by-laws when you wrote this 8 Q. At the top of the letter it says, Please 8 letter? 9 distribute to - 9 A. No. 10 A. Yes, okay. 10 Q. So you didn't know if there was a definition in 11 Q. Do you see that? 11 the by-laws when you wrote the letter I guess, 12 A. Right. 12 correct? 13 Q. Why did you ask Mr. Temple to distribute that 13 A. No. 14 to Mr. Orris and Mr. Renninger? 14 Q. That's not correct? 15 A. Because they were all elected officers of the 15 A. I asked for a definition. 16 Club and I wanted them all to have a copy of 16 Q. Okay. And did you have in your own mind a 17 the letter. - 17 definition of what conduct unbecoming - 18 Q. And it's addressed to Jerry Temple, Secretary. 18 A. Let me go back for a second, may I? 19 And after Secretary it says "Amended." What 19 Q. Well, can you answer my question? Do you have 20 does that mean? 2 0 in your own mind a defmition of what conduct 21 A. There was a correction in there that I read on 21 unbecoming a member is? 22 a second reading of it and I wanted to make 22 A. No. I would like to clarify something. 2 3 sure that he had an accurate copy. 2 3 MR. KNAUER: Just let him finish his 24 Q. Did you send the unamended copy, as well as the 24 statement, whatever he wants to answer. 25 amended copy? 2 5 A. Since you're focused on Item 1 on Page 1 of 8 (Pages 26 to 29) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 30 32 1 that letter, you will see at the bottom I have 1 Q. If you'd turn to Page 2 of Exhibit B. The top 2 requested a written definition. 2 sentence you were talking about on January 17, 3 BY MR. RETTIG: 3 2009 he belligerently refused to give me a 4 Q. We're going to get to that point. I can only 4 legitimate answer to a legitimate question. 5 get one point at a time. 5 Does that have to do with the $30,000 you were 6 My question to you was - I understand 6 talking about? 7 you're asking the Club to give you a 7 A. Yes. 8 definition. My question to you is do you have 8 Q. And that's the thing where he said come to the 9 a definition in your own mind as to what that 9 meeting or something like that? 10 means and your answer was no? 10 A. Yeah, and effectively blew me off. 11 A. That would be subjective. No, I don't. 11 Q. And what was the ambiguity in the minutes, if 12 Q. Okay, all right. Later on, further down on 12 you can remember? 13 Page 1 of Exhibit B, it's about four sentences 13 A. It wasn't clear where the money was going and 14 up from the bottom, you ask about having a 14 to whom the check was being written. 15 meeting with the Governing Board and it would 15 Q. So it was ambiguous in your mind as to where 16 be your intention to bring witnesses to that 16 the $30,000 was going to go? 17 meeting. 17 A. Well, I think any Club member has a right to 18 A. That would be correct. 18 know that. 19 Q. And who are your witnesses going to be? 19 Q. I'm not suggesting you don't. 20 A. I asked a fellow Club member who was 20 A. Because we are all partners in the Club. 21 subsequently sent a $25 fine to be my witness, 21 Q. But there was something ambiguous in your mind 22 a high school friend of mine. 22 from reading the minutes as to where this 23 Q. Do you have a name? 23 $30,000 was going? 24 A. Edwin Dyer. 24 A. That's correct. That's why the question was 25 Q. So he was going to be a witness. And did Edwin 25 asked and I think it's a fair question. 31 33 1 Dyer observe anything that occurred on the 18th 1 2 or 19th? 2 3 A. He wasn't there. 3 4 Q. Okay. And who was the other witness? 4 5 A. There was no other witness. 5 6 Q. Well, it says it will be my intention to bring 6 7 witnesses to any such meeting. 7 8 A. Well -- 8 9 Q. Just Mr. Dyer? 9 10 A. That's correct. 10 11 Q. Since Mr. Dyer wasn't present at either the 11 12 17th or 18th, which led to the fine, what were 12 13 you expecting him to testify to? 13 14 A. I wasn't expecting him to testify to anything. 14 15 I was expecting him to observe if I went to the 15 16 meeting in the event -- if I went by myself, in 16 17 the event that somebody said this never 17 18 happened or you didn't say this or this is 18 19 wrong, I would have a witness there to say, no, 19 20 that's not correct. You don't do things like 20 21 this by yourself. 21 22 Q. Sothis was somebody just to witness what went 22 23 on at the meeting as opposed to a witness about 23 24 what happened? 24 25 A. That's correct. 25 Q. The next paragraph down on Page 2 you talk about the Treasurer intruding into a conversation. A. Right. Q. And you said in the process of doing so he harassed you, publicly embarrassed and humiliated you. What did he do that you felt was harassing? A. I think I already explained that to you. Q. Just tell me again what he did to harass you. A. Well, first of all, he got in my face for no apparent reason. And I consider that harassment. Q. When you say get in your face, tell me what you mean by that. A. Well, you know, I had a blood clot in my left leg and I have to stand on occasion. So I was in the middle seat between Mr. Stacey and Mr. -- David, could you get me a glass of water, please? MR. KNAUER: Sure. A. -- Mr. Stacey and Mr. Kelly. And I was standing there because my leg was bothering me and I was in back of the chair and he walked -- I told you, he walked up from the ATM machine 9 (Pages 30 to 33) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 34 36 1 and basically affronted me and said what did 1 Q. And what he said was what did you say? 2 3 you say. 2 A. Yeah, he lost control of himself. BY MR RETTIG: 3 Q. And then you responded to him with those three 4 Q. Was he standing right - 4 sentences? 5 MR. KNAUER: He wants some water. Hold 5 A. Yes. It's in writing. Have you read that? 6 7 that question, Jeff. 6 Q. I have. We'll get to that, too. And that's MR. RETTIG: Sure. 7 all you said, correct? 8 (Brief recess taken) 8 A. That's all I said. 9 BY MR. RETTIG: 9 Q. And did you say that quietly and calmly or did 10 Q. Was he standing right next to you when you said Y 10 you say that loudly. 11 what did you say? 11 A. No, I said it quietly and calmly. 12 A. Almost nose to nose. 12 Q. Did anybody hear what you said then, anybody 13 Q. So you turned around to face him? 13 else in the bar? 14 A. No, I was standing on an angle. He walked 14 A. It's possible that Stacey could have heard it 15 right up to me. 15 , I don't know. I mean, he was sitting a foot or 16 Q. So then at that point then it was you, Mr. 16 so away. 17 Kelly, Mr. Stacey and Mr. Bender? 17 Q. Then according to this letter, you say that Mr. 18 A. Bender. 18 Bender went to the end of the bar and sat at 19 Q. Anybody else in the vicinity? 19 the end of the bar and he threatened you? 2 0 A. Well, the bartender was around, yeah. 20 A. Yeah. 21 Q. What's his name? 21 Q. What did he, how did he - 22 A. John Enck I believe was on duty that day. 22 A. He pointed his finger at me. He said you watch 23 Q. And were you publicly embarrassed and 23 what you say in a very confrontational tone 24 humiliated by his statement to you? 24 . And, again, he was not in control of himself 2 5 A. Wouldn't you be? 25 . Q. You were in control of yourself? 35 37 1 Q. No. 1 A. I thought so. 2 A. You wouldn't? 2 Q. In the third paragraph cif the second page of 3 Q. Nope. 3 Exhibit B, which is your letter dated January 4 A. What if it was abrasive, loud, affront? 4 21, you say, I will also in the meantime 5 Q. How about you? 5 refrain from securing any outside legal 6 A. I was. 6 counsel. 7 Q. Okay. So that embarrassed and humuliated you 7 Up to that point in time had you secured 8 in front of Mr. Stacey and Mr. Kelly? 8 outside legal counsel because of the letter you 9 A. And anybody that was in the bar. 9 had gotten from the Club fining you $25? 10 Q. Who else was in the bar? 10 A. No, we're talking two days here. 11 A. I don't know. I didn't take an inventory, but 11 Q. The last paragraph on Page 2 of that letter you 12 I can tell you that you could hear it all over 12 talk about you being unnecessarily and unfairl 13 14 the bar, the volume of his voice. 13 y verbally abused/assaulted, publicly humiliated, Q. And what were the words that he said again? 14 threatened and slandered by an officer of the 15 16 A. He said what did you say. 15 Club. See where I'm reading there? Q. And that embarrassed and humiliated you, that 16 A. I see where you're reading. 17 18 question? 17 Q. And you're making reference to the statements 19 A. He accosted me. Q B t I 18 you've told us about that Mr. Bender made to . u mean those words, what did you say, that 19 you, correct? 20 embarrassed and humiliated you? 20 A. Yes. 21 A. Not the words, the picture and the words. 21 Q. Anything else beyond the statements that - 22 Q. The manner? 22 A. No, no, not just the statements Mr. Bender made 23 A. You know, he came up and singled me out and was 23 to me, the letter from the Club dated January 24 basically screaming in my face and I don't even 24 19th where the censure was imposed and the fine 25 know why. 25 imposed. Okay? 10 (Pages 34 to 37) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 1 38 Q. The sentence I'm reading, you talk about being 2 unfairly verbally abused/assaulted, humiliated, 2 4 0 Q• Okay. Anybody else? 3 threatened and slandered b Yeah, there' 4 Club. Y an officer of the 3 s a Ron Keefer who brought the matter up to me at the Dillsburg Legion. 5 A. Right. 4 Q. Okay. 6 Anybody else? Q• Are you referring to Mr. 5 A. Not that I can recall at the 7 A. Yes. g Bender? 6 moment. Q• When did Bob bring this up to you in the Mt. 8 Q. Okay. Did Mr. 7 Bender spender you? Holly Legion? 9 A. Yes. 8 A. About the time that the 21st 10 Q. What d' 9 probabl I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 A id he say that was slanderous to you? 10 guess. 1 y A. Wei l, I think his slanderous was that I was Q. And how about Ron 13 2 hearing about this event in other places that I 1 1 this up to Y°q Keefer, when did he bring frequent, like the American Legions and 12 A. Subsequent to that. I don't have a date. 14 forth. Now, so 13 you know, 15 officially, if you read Q• After the 21st? my letters -- 14 A. Yeah. 16 Q• I've read them. 15 Q• So as least as of the date you're writin 17 A. Okay, good. I have asked for the Club -- the 16 letter on Janua g this 1 g 17 January 21, the only feedback you had Purpose of those letters was to sit down in a gotten from anybody 19 was some gentlemanly and 18 A. Right. guy named Bob? 2 0 professional manner and resolve the issue. Where we're at today 19 Q° What did Bob say? 21 matter my choosing. Y is not a 20 A. Well, 2 2 You know, . said __ of 21 Q• Right. Just tell me what he did that slandered 22 Q. No, I don't know. 2 3 You, what Mr. A• He said I understand that you got fined at the 2 4 Bender did that slandered you, 23 A. Well, I believe that when you talk about Club and you misbehaved and so forth 2 5 private matters of this nature and they show up 2 24 5 I said, well, You and so on. Y know, I'm trying to keep that a perso al m other places and you find out that the source came from him -- and the Club's attorney, by the way, who has since recused himself, Mr. Wagner, in a court-filed document even suggested Mr Bender was not ever the Treasurer of the Club, which I find absurd. Q• What did he say that slandered you, sir, can you answer that question? A. The very fact that he's talking about this and that I've been fined for conduct unbecoming a member. Q• So as of January 21, 20099 when you wrote this amended letter - A. I was getting feedback. Q. From who? A. From a variety of people. Q• Just give me their names. That's all I need to know. A. Well, there was a guy by the name of -- I can't recall his last name right now. Q. Give me his first name then. A. Bob. He is a member of the Club. Q. Mechanicsburg Club? A. Yes. And I heard about it from him in the Mt. Holly Legion. n matter between myself and the Club 39 1 41 and have a gentleman's meeting on 2 what it is I did. I said, yeah, I said, I got a letter, but 3 I still don't know what I did. And to this day 4 I don't know, _ 5 Q. As of that date who within 6 the Club knew of 7 your being fined other than the members of the Board of Governor and you? 8 A. You know, that's a very difficult question to 9 answer, but as I told you before, there's 10 nothing that goes on in that Club that doesn't 11 get around, bar talk, Okay, 12 the membership. And I think there are probably a lot of people 13 in there, but I couldn't give you names. It 14 would be conjecture on m 15 Y part. Q. Well, you know the bartender knew it, didn't 16 you, based on what ha 17 PPe°ed on the 20th? A. Yeah, well, he knew, but what I'm saying to you 18 is I don't know that Bender spoke to him. 19 Q• I'm not asking if Bender spoke to him. 20 A. Yes, you did, you asked me who else may have -- 21 he tallied to to slander me. 22 Q. What I asked you was who else in the Club knew as of January 21st that you had been fined 223 4 other than the members of the Board of 25 Governor. 11 ----_- Filius & McLucas Re (Pages 38 to 41) Harrisburg 717-236-0623 york 7F g Service, Inc. 845-6418 PA 1-800-233-9327 42 1 A. The bartender and the Manager of the Club and 1 2 all of the officianoto, you know, the board 2 3 members and the officers. 3 4 Q. Who told the Manager that you had been fined? 4 5 A. The Manager was in their meeting of the 19th. 5 6 Q. Did you tell the Manager about that when you 6 7 met with him on the - 7 8 A. Did I tell him about what? 8 9 Q. About you being fined. 9 10 A. I gave him the letter. 10 11 Q. Okay. And did you tell the bartender about 11 12 your getting fined? 12 13 A. No. I haven't seen him since. 13 14 Q. No, when he gave you the letter from the box 14 15 and you refused to accept it, remember? 15 16 A. I don't discuss my personal business with 16 17 bartenders. 17 18 Q. Did you tell him about you being fined at that 18 19 time? 19 20 A. I just answered your question, I don't discuss 20 21 my business, no. 21 22 Q. Didn't you ask him to go get the Manager to 22 23 talk about the whole thing? 23 24 A. I asked him if I could see the Manager. I 24 25 didn't tell him what it was about. 25 43 1 Q. Okay, all right. So then as far as you know, 1 2 the only people in the Club as of January 21 2 3 who knew about this were the members of the 3 4 Board of Governor because they had made the 4 5 decision, correct? 5 6 A. I guess. 6 7 Q. And the Manager, correct? 7 8 A. I told you he was in the meeting. 8 9 Q. Okay. 9 10 A. He told me he was in the meeting. 10 11 Q. Okay. Now, when you talked to Bob at the 11 12 Dillsburg - at Mt. Holly - is Bob a member of 12 13 the Club? 13 14 A. Yes. 14 15 Q. Did Bob say how he knew you had gotten fined? 15 16 A. Yes. 16 17 Q. What did he say? 17 18 A. He said it's all over the Club, it's being 18 19 passed around. 19 20 Q. And did he say who was passing it around? 20 21 A. Well, I mean, where would it emanate from? 21 22 Q. I'm asking you. Did he say who was passing it 22 23 around? 23 24 A. He said everybody he talked to in the Club. 24 25 Okay? 25 44 Q. Had you told anybody about your getting that letter of the 19th fining you $25? A. No. Q. Not a soul? A. No. Q. Didn't tell your wife? A. Nope. Q. Or Mr. Dyer? A. No, not at that time. Q. Who was the first person you told after you got the letter of January 21, which you saw on January 20th, according to what you said - A. Could you -- Q. Who was the first person you told after you got the letter dated January 19th, that's Exhibit A, after you read that letter on January 20th, who was the first person you told that you got fined by the Club? A. State that again, please. MR RETTIG: Can you read that back? (Previous question read by the court reporter) A. In order to avoid I think •-- what shall I call the term that was in your letter, gamesmanship? BY MR RETTIG: 45 Q. That would be great. A. Because you made some accusations in that regard. Q. Can you answer the question? A. I'm in the process if you'll let me answer it. Q. Go ahead. A. Do you want me to wait for you to -- MR KNAUER. Only one of you can talk at the same time. MR RETTIG: The answer would call for names. MR. KNAUER. Why don't you both -- you ask the question, he waits to hear it; he says the answer, you wait to hear him. BY MR RETTIG: Q. Go ahead, I'm listening for the answer. A. Okay. To be totally accurate about that, I suppose the first person that I told, if you will, is when I got the letter and gave it to Mike Gallagher, the Club manager, but he already knew. Subsequently, other than anybody involved with the Club in the way of an officer or a hired employee, the first and only person I told about it was Edwin Dyer. 12 (Pages 42 to 45) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 ? . . 46 1 Q. When did you tell Edwin Dyer? 1 2 A. Well, let me see here. Maybe I can answer 2 3 that. It certainly wasn't after my letter of 3 4 the 21 st, immediately after, because in my mind 4 5 this was still a matter that Gallagher was 5 6 working on and that we could handle 6 7 professionally and in a courteous manner. I 7 8 did tell Mr. Dyer prior to his censure dated - 8 9 the 10th. So I'm guessing -- 9 10 Q. I don't want you to guess, sir. And I don't 10 11 mean to interrupt, but guessing doesn't do any 11 12 good. 12 13 A. It's a poor choice of words on my part. I'm 13 14 not going to give you a date because I don't 14 15 have one. I then wrote the Club another letter 15 16 on February the 7th when they didn't respond to 16 17 my fast letter. 17 18 Q. Had you told Mr. Dyer - 18 19 A. Sir, I'm answering the question, if you'd just 19 20 please -- 20 21 Q. Okay, go ahead. 21 22 A. And I'm trying to give you the best answer I 22 23 can. 23 24 Q. That's great. I appreciate it. 24 25 A. Okay, good. Now, what I'm trying to tell you 25 47 1 is I wrote the letter the 21st, I got no 1 2 response. Okay? I still consider it a private 2 3 matter between myself and the Club. I then 3 4 wrote another letter on the 7th. 4 5 Q. We'll talk about that next. 5 6 A. We're not there yet. 6 7 Q. Right. 7 8 A. At that point I would say that somewhere in 8 9 February, before Mr. Dyer's censure letter of 9 10 the 10th and the 1 st of February is when I 10 11 spoke to Mr. Dyer. 11 12 Q. Sometime between the 1st of February and 12 13 February 10th is when you spoke to Mr. Dyer? 13 14 A. Yes -- well, actually, I gotta tell you, it's 14 15 gotta be between the 1 st of February and let's 15 16 say the 9th, because Dyer was censured on the 16 17 10th, which means that they went after him with 17 18 something before then. And that turned out to 18 19 be in response to my letter to him and request 19 20 that he be my witness. So I'm going to say 20 21 that in that first week of February. 21 22 Q. Did you write a letter to Mr. Dyer asking him 22 23 to be a witness? 23 24 A. No, I talked to him verbally. 24 25 Q. Oh, I thought you said you sent him a letter. 25 48 Okay. A. I sent him a copy of my letter to the Club so that as a witness he would understand what the purpose of the exercise was. Q. Exhibit C is going to be this February 7, 2009 letter from you to Mr. Temple. A. Okay. Q. Did you tell Mr. Dyer before or after that letter about the fact that you had been fined? A. Say that again, please. Q. Did you tell Mr. Dyer before or after you wrote the letter of February 7, 2009 that you had been fined by the Club for conduct unbecoming a member, if you know? A. I'm trying to explain that to you. I think I just did explain it to you and I'm not sure you were listening. I said I think that it was somewhere between the 1 st and the 7th of February. It could have been the 8th. Dyer was censured on the 10th, which means they had to take action on him on the 9th. Okay? So it was probably that first week of February, between the 1st and the 7th. Q. And how did you advise Mr. Dyer of the fact that - 49 A. I called him. Q. Okay. You called him on the phone? A. Yes. Q. Can I see Exhibit B there, the third page of your letter for Exhibit B? A. What's Exhibit B? Q. The letter you were looking at right there. A. January 21 st letter? Q. Yes. A. Okay. Q. Only because I didn't have the third page and I just want to make a note of what's on it. MR KNAUER: Before you leave, Jeff, we'll make a copy. A. No, we'll make a copy. MR. RETTIG: Okay, we'll wait. A. By the way, if you're interested, I have a copy here, the legal definition of the term slander. BY MR. RETTIG: Q. I'm not interested right now, thanks. If you look at Page 3 of your letter of January 21, you carbon copied Mr. Gallagher in that letter, correct? A. Um-hum. Q. Mr. Orris and Mr. Renninger and then the 13 (Pages 46 to 49) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 50 52 1 personal correspondence file. That's some file 1 that meeting with you? 2 you maintained, is that right? 2 A. Yes. 3 A. That's correct. 3 Q. Was he part of the board anyway? 4 Q. And then you were telling me that the only 4 A. No, he's not an elected officer, he's a Club 5 other person you told about this incident, as 5 employee. 6 far as you could recall, was Mr. Dyer. 6 Q. You go on to say in that paragraph that - 7 A. I wasn't telling you, you asked me. 7 you're claiming that people turned this matter 8 Q. Right. And you told me in response to my 8 into bulletin board material for the public 9 question it was Mr. Dyer? 9 consumption of others and/or their own personal 10 A. Right. 10 amusement. 11 Q. Anybody else? 11 A. Right. 12 A. No. 12 Q. Had you seen anything on the bulletin board? 13 Q. Now, I've shown you and given to your counsel a 13 A. Yes. 14 copy of what we marked as Exhibit C, which is 14 Q. What did you see? 15 your letter to Mr. Temple dated February 7, 15 A. I had a copy of the minutes where they posted 16 2009. Do you have that? 16 that I was censured 17 A. I have it. I have everything you have. 17 Q. Where did you get those? 18 Q. In the middle of Page 2, that middle paragraph, 18 A. From a Club member. 19 you say that you view this issue as a private 19 Q. Who was that? 20 and confidential matter between only myself and 20 A. I don't recall. 21 the Club. To that end, I have discussed it 21 Q. So these would have been the minutes that were 22 with only two other individuals. 22 placed after - 23 So who are the two other individuals that 23 A. Yeah, where my name was printed in there. 24 you discussed it with, sir? 24 Q. And where were those minutes posted? 25 A. Well, Dyer was one and Gallagher was one. 25 A. On the Club bulletin board. 51 53 1 Q. Were those the only two that you were talking 1 Q. How do you know that? 2 about? 2 A. Because that's where they're always posted. 3 A. To my knowledge, yes. 3 Q. Did you ever see those minutes on the Club 4 Q. And you were going to have Mr. Gallagher be 4 bulletin board? 5 present as a witness if they gave you a 5 A. A specific minutes? 6 hearing? 6 Q. Yes, sir. 7 A. He was at the Club. He would, obviously, not 7 A. No, I saw Club minutes posted on the bulletin 8 be a witness in my favor, but I did want him 8 board for 35 years in the Club. 9 there because I had talked to him about it. 9 Q. But you never saw the minutes where it's 10 Q. But were those the two people you were talking 10 mentioned the fine to you posted on the 11 about, Mr. Gallagher and Mr. Dyer who you would 11 bulletin board? 12 propose to have present as witnesses in the 12 A. No, but that's where the minutes are posted. 13 event you were granted an opportunity to have a 13 Q. I understand. And do you have a copy of the 14 meeting? 14 minutes that - 15 A. I believe I just answered that. 15 A. No, I do not. 16 Q. And did you talk to Mr. Gallagher at all about 16 Q. What did you do with that? 17 serving as a witness or coming - 17 A. I gave it back to whoever showed it to me. 18 A. I didn't use that term with him. 18 Q. So you just looked at it and gave it back to 19 Q. What term did you use? 19 him? 20 A. Well, I requested a meeting of him and that he 20 A. Yeah. 21 be present because he's the Manager of the 21 Q. What did it say? 22 Club. 22 A. It said that I was censured and fined. You 23 Q. But did you tell him that you expected him to 23 know, actually, I would like to back up a 24 come if you were given a meeting before the 24 second here. I don't want to get caught in a 25 Governing Board, you expected him to come to 1 25 trap in this statement because I'm not sure 14 (Pages 50 to 53) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 54 1 when those minutes were put out and I think 1 2 perhaps that my reference to bulletin board 2 3 material in this letter was a generic statement 3 4 about discussions going on and passing it 4 5 around the Club, because as I recall, that 5 6 letter also referenced Mr. Dyers $25 fine and, 6 7 therefore, it probably would not have been at 7 8 the time of this lettet when those minutes were 8 9 posted. 9 10 Q. So if I understand what you're saying, the 10 11 minutes that you got from this unidentified 11 12 friend talked about your fine, as well as Mr. 12 13 Dyer's fine, right? 13 14 A. The Club minutes, yes. 14 15 Q. And since Mr. Dyer's fine wasn't imposed until 15 16 February 10th, it couldn't have been there 16 17 before you wrote this letter? 17 18 A. That's what I'm just saying. I used this as a 18 19 term, okay, rather than in reference to the 19 20 specific minutes. 20 21 Q. And that's why I asked you and you brought up 21 22 the minutes. 22 23 A. Okay, fine, we got that. 23 24 Q. You use, quote, bulletin board material, end 24 25 quote. 25 55 1 A. That's why I put it in quotes. 1 2 Q. What does that mean? 2 3 A. What it means is that, you know, things that 3 4 are personal and private put.out in public and 4 5 passed around and discussed and so forth. 5 6 Q. And what evidence did you have when you wrote 6 7 this letter that anybody at the Club had done 7 8 that? 8 9 A. Well, I think I already answered that question 9 10 for you. If you refer to your notes there, I 10 11 told you I was hearing about it in other 11 12 venues. 12 13 Q. Well, you told me you heard about it from Bob. 13 14 A. Okay. Well, you know, why would you ask the 14 15 same question twice? 15 16 Q. Where did Bob hear of it? 16 17 A. At the Club. 17 18 Q. From who? 18 19 A. I don't know. 19 20 Q. Okay. So when you use this phrase, and put it 20 21 in quotes and boldface, bulletin board 21 22 material, you're not talking about putting 22 23 anything in writing up on a bulletin board, are 23 24 you? 24 25 A. Not at this time. 25 561 Q. Okay. And you say that they turned this matter into bulletin board material for the public consumption of others? A. Right. Q. They hadn't done that at that point in time, had they? A. Sure. It was all being passed around. My choice here of words was to coin aterm to. n explain the fact that this thing was put out for public consumption. That's what I was referring to when I used the term. Q. And who put it out for public consumption and when did they do it, just tell me that. A. I don't know. Q. Fair enough. A. Let me put it this way, somebody in the Club had to because it certainly wouldn't have come from any other source. Q. But you told Mr. Dyer, didn't you, before this letter went out about it? A. I told you that I thought it was between the I st and the 7th. I didn't say specifically. Q. Well, this is the 7th. So before the 7th you told Mr. Dyer about it, didn't you? A. I didn't say before. I said I may have told 57 him on the 7th. Q. Okay. So as of the 7th do you know if Mr. Dyer was the one that was putting this bulletin board material out there? A. No. Q. So that sentence about the bulletin board material, let me read the beginning of it. You say, Unfortunately, however, it has come to my attention that a large number of the Club's elected officials and hired employees have chosen to take the opposite path and turned this matter into bulletin board material for the public consumption of others and/or their own personal amusement. Now, can you give me the names of the large number of the Club's elected officials and hired employees who had done that as of February 7th, 2009? A. Well, you know, you can get that because I couldn't. I asked in my letter for a list of the people who attended the special meeting and voted to censure me, I wanted their names and their titles, okay, I wanted to know specifically who that was. I also asked specifically who my accuser was. To this day I 15 (Pages 54 to 57) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 58 1 don't know. 1 2 Q. Let's go back to your sentence. You say, It 2 has come to my attention that a large number of 3 4 the Club's elected officials and hired 4 5 employees have chosen to take the opposite 5 6 path. How did that come to your attention? 6 7 A. From other Club members that I had -- or from 7 8 another Club member that I had a discussion 8 9 with, Bob, and this Ron guy, Keefer, from the 9 10 Dillsburg Legion, okay, that, you know -- 10 11 Q. So did you talk to Ron before you wrote this 11 12 February 7 letter then? 12 13 A. I don't know. 13 14 Q. We know you talked to Bob? 14 15 A. Yeah. 15 16 Q. Okay. So is Bob the only one that led you to 16 17 believe that a large number - or I should use 17 18 your words. Was it something that Bob said 18 19 that brought your attention that a large number 19 20 of the Club's elected officials and hired 20 21 employees have chosen to take this opposite 21 22 path? Is that what Bob told you? 22 23 A. No, the point I was trying to make is, okay, 23 24 and I think you're reading things in there that 24 25 aren't there. 25 59 1 Q. I'm just trying to read what you wrote. 1 2 A. Well, I'm trying to answer your question. What 2 3 I believe my purpose was in explaining here is 3 4 I tried to address this as a professional and 4 5 private matter. And I know, by virtue of 5 6 seeing who was standing around on the 19th 6 7 prior to the special meeting, meandering around 7 8 the Club, board members, officers and so forth, 8 9 that they all had to be involved. 9 10 Q. How do you know they had to be involved? 10 11 A. Well, because they had the special meeting, 11 12 they tell me here. 12 13 Q. They attended the meeting? 13 14 A. Well, I asked for that, you know, and I never 14 15 got a response, okay, which I consider 15 16 unprofessional. 16 17 Q. Did you file any charges within the Club about 17 18 these complaints that you were having? 18 19 A. No. At this point, okay, I was still hopeful 19 20 that common sense would prevail, you know, that 20 21 we could have a gentleman's meeting and get the 21 22 thing sorted out and move on. 22 23 Q. Did you ever pay the $25 fine? 23 24 A. No. Would you like to know why? 24 25 Q. No, not yet. After you wrote the letter on 25 601 February 7, 2009, is that when you got the copy of the Club minutes? A. No. Q. When did you get a copy of the Club minutes? A. Sorry, after, yeah. Q. When did you'get a copy of the Club minutes? A. I don't know. I told you, I don't have a date for you. Q. Sometime after Mr. Dyer got fined? A. Yes, I believe. Q. And you said you got them from a Club member and then gave them back? A. Right. Q. And tell me what the Club minutes - what the minutes said again about you. A. It noted in there that Mr. Llyer and I had been fined for conduct unbecoming a member. Q. And do you know when those minutes were issued? A. I think I told you I don't. Q. Do you know if those minutes were ever placed on the bulletin board? A. Yes. Q. How do you know that? A. Because one of the people who was there and read the minutes, Mr. Joe Kelly, who is now 61 deceased, told me that. Q. Anybody else tell you that they saw those minutes on - A. No, Joe is the one I believe, the one that told me. Q. Do you know of anyone other than Joe who actually saw those minutes? A. You'll have to ask somebody else that question. Q. Well, I'm asking you. A. Well, how would I? Q. I don't know. You probably don't. A. It's a ridiculous question. Q. Well, then why don't you answer it? Do you know of anybody else who saw those minutes other than Joe Kelly? A. Do I? Q. Yes. A. Yeah, I do, as a matter of fact. Q. It's not such a ridiculous question. A. No, it is a ridiculous question. Q. Who else saw them? A. Well, I would think that this Bob that I mentioned to you saw them and my suspicion is that -- Q. Not suspicions, sir, just who do you know saw 16 (Pages 58 to 61) Fihus & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 62 1 them? Bob must have seen them because he gave 1 2 them to you? 2 3 A. Well, then I'll let it at that. 3 4 Q. Bob and Mr. Kelly? 4 5 A. Yeah. 5 6 Q. How about Mr. Dyer, did he see them? 6 7 A. I don't know -- well, no, you know, to be 7 8 honest with you, I don't really know that he 8 9 did because I don't know that he read them. 9 10 It's possible that he did. It could be any 10 11 number of hundreds of people. 11 12 Q. And anybody not a Club member saw those 12 13 minutes? 13 14 A. I don't know that. 14 15 Q. No one has come up to you who you knew was not 15 16 a Club member and said, oh, I saw in the 16 17 minutes posted on the Club that you got fined? 17 18 A. No. 18 19 Q. The next exhibit is Exhibit D, which, again, 19 20 I'm taking the exhibits from your Complaint, 20 21 and that's the letter to Mr. Dyer. How did you 21 22 get that? 22 23 A. Mr. Dyer gave it to me. 23 24 Q. When did he do that? 24 25 A. Sometime either that day or immediately 25 63 1 thereafter. 1 2 Q. And did he tell you anything about what he was 2 3 being charged with or why he was being fined? 3 4 A. Well, yes, he did. 4 5 Q. What did he tell you? 5 6 A. Well, as I explained to you earlier, I gave Mr. 6 7 Dyer a copy of my letter to the Club because I 7 8 had asked him confidentially to be a witness. 8 9 And Mr. Dyer, not at my request -- you have 9 10 read these letters, right? 10 11 Q. I've answered that three times. 11 12 A. And you comprehend them? 12 13 Q. That's why we're asking you questions. You 13 14 wrote them. So - 14 15 A. In the letter I think it's fully explained what 15 16 happened to Mr. Dyer. 16 17 Q. Is that your answer? 17 18 A. Yeah. 18 19 Q. Okay. You read this Complaint before you filed 19 20 it, didn't you, the Complaint against the Club? 20 21 A. I believe so, yes. 21 22 Q. And you already told me you can read? 22 23 A. I can. 23 24 Q. And is that Verification Under Penalty of 24 25 Perjury, is that your signature? 25 64 A. Yep. Q. Can you read Paragraph 13 of that Complaint to yourself, sir? A. Right. Q. Is that accurate? A. No. Q. You signed a Verification, sir, that all the allegations in that Complaint were true and accurate under penalties of perjury. Why did you sign that Verification when you know there's inaccurate information in there? A. Well, it is not totally accurate. Q. Well, is any part of it accurate? A. Yes. Q. Okay. What part is accurate? MR. RETTIG: David, let me have your copy. He took mine. A. Here, I have my own copy. (Handing). BY MR. RETTIG: Q. Okay. A. The fact is that-- let me get it. What is the date of that, David? MR. KNAUER: January 21, February 7, February 10. A. No, no, this thing he's holding in his hands 65 here. MIL KNAUER: That would have been dated -- I just ran my copy off from the computer without the date. MR- RETTIG: He signed the Verification dated September 18, 2009, if that helps. MR KNAUER: What's my date on it, Jeff? MR RETTIG: You served it October 29th, 2009. There is a date there, but I can't -- MR KNAUER: October 29, 2009. A. Oh, okay, here we go. I got it. Now, your question again? BY MR. RETTIG: Q. Well, you said it's not entirely inaccurate, there's some things in there correct and I just asked you to point out to me what allegations A. What it says is the Defendant did not reply to the Plaintiffs letter of January 21, 2009 or February 7, 2009, but instead issued a second discipline on February 10, 2009 with the unfounded charge that the Plaintiff was sending the Club business to nonmembers via electronic mail. Now, the inaccuracy in that, which I 17 (Pages 62 to 65) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 66 68 1 pointed out to David and you will note in my 1 Q. Well, let's just talk about this for a second. 2 copy here, which is highlighted -- 2 You allege that Exhibit D, the letter of 3 Q. I don't want to see your copy. 3 February 10 made an unfounded charge that the 4 A. You don't want to see it? 4 Plaintiff, that's you, was sending Club 5 Q. No, I see what you filed with the Court. 5 business to nonmembers via electronic e-mail. 6 A. The February 10 references Mr. Dyer's letter. 6 I'm just trying to get you to acknowledge, 7 And if you include Mr. Dyer as my witness as 7 sir, that Exhibit D doesn't make any charges 8 part of being part of the Plaintiff, then the 8 against you about sending Club business to 9 whole paragraph is correct. 9 nonmembers via electronic e-mail. Isn't that 10 Q. Does Exhibit D make reference to you at all, 10 correct? 11 sir? 11 A. You'll have to ask my attorney that. He wrote 12 A. I'm sorry? 12 this. Okay? 13 Q. I showed you Exhibit D. Is your name on there 13 Q. Well, didn't I show you the Verification to 14 anywhere? 14 that? 15 A. Is my name on here? 15 A. Yes. 16 Q. Yes. 16 Q. Did you read this before you signed the 17 A. No, it's not on there. Why would -- 17 Verification? 18 Q. Isn't Paragraph 13 referring to Exhibit D? 18 A. Yes. And then I made corrections. 19 A. I think I just tried to - I don't want to get 19 Q. Not with what was filed with the Court. 20 into games here, but what I'm trying to explain 20 A. Well -- 21 to you is the inaccuracy, if there is anyone, 21 Q. Tell me what your corrections were. 22 is an inaccuracy. 22 A. I tried to, but you didn't want to look at 23 Mr. Dyer was charged with sending my 23 them. 24 letter out over the e-mail to other Club 24 Q. You said you highlighted them. 25 members and not all Club members have their 25 A. Do you want to see them now? 67 69 1 e-mail name in their name. Some of them have 1 Q. Sure. 2 it in their wife's name. The Club -- can I 2 A. I noted -- these are not corrections. 3 finish my sentence, please? 3 Q. I wanted to see the corrections. 4 Q. Please do. 4 A. The corrections were discussed with my 5 A. The Club jumped to the conclusion that in 5 attorney. 6 addition I'm sure to being upset that Mr. Dyer 6 Q. Were they ever filed with the Court, like an 7 sent this out, which I didn't ask him to do, I 7 amended Complaint? 8 think he was doing it in good conscious, but he 8 A. Ask my attorney. 9 sent it to a Club member whose e-mail name was 9 Q. I'm asking you. Do you know? 10 in his wife's name. The Club jumped on this 10 A. Ask my attomey. I don't know. 11 and said, well, you're sending this stuff to 11 Q. Okay. So will you agree with me, sir, that my 12 nonclub members and that's why he got censured. 12 client, the Mechanicsburg Club, never charged 13 Now, if you want to incorporate Mr. Dyer, 13 that you sent Club business to nonmembers via 14 without playing these games, is my name on 14 electronic e-mails? Will you acknowledge that? 15 here, because I already told you he was going 15 Can you do that? 16 to be a witness and party to my pursuit of this 16 A. If you want to put it in that context, I 17 matter, okay, then the Plaintiff was censured 17 suppose that -- you know, and you want to 18 via -- okay, laugh if you wish. 18 totally dismiss this letter of the 10th, which 19 Q. I'm sorry. Well, the Manager was going to be 19 was included in court-submitted documents, 20 your witness, too, wasn't he? 20 okay, and ties into Paragraph 13, all right? 21 MR. KNAUER: Only one at a time. 21 Q. Um-hum. 22 A. I could laugh at you, sir, but I have chosen to 22 A. Then I would say that this statement is 23 be professional and above that, but you don't 23 essentially correct. 24 seem to want to go that direction. 24 Q. Regardless of the letters, did the Club ever .25 BY MR. RETTIG: 25 accuse you of sending Club business to 18 (Pages 66 to 69) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 70 72 1 nonmembers via electronic? 1 A. To my knowledge, yes. There may have been 2 A. No. 2 others, but that's the only one I'm aware of. 3 Q. But the Club did accuse Mr. Dyer of that? 3 Q. Did you see the e-mail that Mr. Dyer sent out? 4 A. Yes. 4 A. No, I did not. 5 Q. Did Mr. Dyer, in fact, do that? 5 Q. Okay. Did you ask Mr. Dyer to circulate that 6 A. I think I just answered the question. 6 letter? 7 Q. You talked about an e-mail to somebody's wife. 7 A. I think I already answered that. 8 Was that - 8 Q. What was your answer? 9 A. No, you're not listening. Okay? I was going 9 A. My answer was that he did it of his own 10 through this. I'm trying to explain again. 10 volition, I did not ask him. 11 Mr. Dyer, I gave him a copy of my letter to the 11 Q. Did you tell him not to send it out to others 12 Club that was unanswered and asked him to be a 12 because it might be embarrassing or humiliating 13 witness. And the purpose of me giving that 13 to you if it got out? 14 letter to him was so that he would have some 14 A. No, I didn't say that I don't think. 15 background material to know what he was 15 Q. So then that letter that we were talking about, 16 witnessing, okay, in the event that a meeting 16 the February 7 letter, then you sent it to the 17 should ever come about. 17 people listed in the letter and then you sent 18 Q. Which letter was that? Was that the 7th? 18 it to Mr. Dyer as well. Is that right? 19 A. I don't know which one. It could have been 19 A. I said I think I sent him -- for certain I sent 20 both, the 21 st or the 7th or both. 20 him the January 21 st letter. I don't recall 21 Q. You don't remember which one or both? 21 that I sent him the February 7th. 22 A. Well, certainly the first one, the 21st. I 22 Q. Do you know which letter he forwarded to - 23 believe that's the one that I sent to him. 23 A. No, I do not. Whatever the first one I sent 24 Q. Oh, you mailed it to Mr. Dyer, you sent it to 24 him would have been the one. 2S Mr. Dyer? 25 Q. And did you talk to him about the fact that he 71 73 1 A. I sent it to Mr. Dyer. 1 had forwarded your letter to other people? 2 Q. Send it to anybody else? 2 A. After he was censured. 3 A. No. And then Mr. Dyer of his own volition 3 Q. What did he say? 4 elected to send it out to some other Club _ 4 A. Well, he just said that he had sent it out 5 members because he felt that after having read 5 because he thought I was getting a raw deal and 6 the letter there was an impropriety being 6 he wanted to see if he could solicit some other 7 imposed upon me and asked other people of their 7 support within the Club, you know, people who 8 opinions. 8 were past officers and people like that and had 9 Q. And who did he send it to? 9 some measure of influence to talk to people. 10 A. I don't know. There's a list of -- you could 10 Q. Did he give you a copy then of his February 10 11 probably get it out of his e-mail account. 11 letter suspending him or fining him for $25? 12 Q. Well, do you know who he sent it to? 12 A. I already answered that. 13 A. Well, I think the Club should know, they made 13 Q. And did he tell you what he was going to do in 14 the accusation. 14 response to this letter? 15 Q. Do you know who he sent it to? 15 A. Initially he was not going to pay the fine. 16 A. I know that he sent it to Keith Clair for sure. 16 Q. Do you know what he did? 17 He sent it to -- I don't know the gentleman's 17 A. He paid the fine. 18 name, but he has lunch with him every day. 18 Q. Is he still a member? 19 Anyhow, the gentleman that he sent it to, that 19 A. To my knowledge. 20 I was referring to earlier, the e-mail is in 20 Q. When is the last time you talked to him? 21 his wife's name. Obviously, she is not a Club 21 A. Probably over a year ago. 22 member; and, hence, the accusation that he was 22 Q. Then the last thing I wanted to ask you about 23 sending a-mails to nonclub members. 23 is Exhibit E, which is your letter of February 24 Q. The wife's e-mail, is that the only one that 24 17, 2009 to Mr. Temple, correct? 25 was a nonclub member, to your knowledge? 25 A. If that's the date, that's the date. 19 (Pages-70 to 73) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 74 76 1 Q. Well, if you look at the exhibit, that will 1 A. No. 2 tell you - 2 Q. How do you know that. 3 A. I have my exhibit, sir. 3 A. Because he doesn't. Mr. Dyer doesn't know him. 4 Q. Well, then look at your own exhibit. 4 Q. You asked Mr. Dyer if he knew Bob and he said 5 A. Okay, I have a letter of February 17th. 5 he didn't? 6 Q. Is that a letter from you to Jerry Temple? 6 A. No, I didn't ask him, but they don't know each 7 A. Yes. 7 other. 8 Q. And at least part of that you're talking about 8 Q. How do you know that, though? 9 a telephone conversation you had with Mr. 9 A. Well, you know, if you want to split hairs on 10 Temple, correct? 10 the thing, I would suppose that, you know, I 11 A. Correct. 11 would go so far as to say that I don't know he 12 MR. KNAUER: What page are you on, Mr. 12 doesn't know him. 13 Rettig? 13 Q. Okay. How about this Mr. Sobocheck, do you 14 BY MR. RETTIG: 14 know if he knows Mr. Dyer? 15 Q. Well, the first sentence says the telephone. 15 A. Yeah, I think he knows of him. 16 I'm at the bottom. I wanted to say the last 16 Q. Oh, okay. So you're not referring to him when 17 paragraph on Page 1, in the middle it says - 17 you say - 18 you said, it appeared as though the Governing 18 A. He knows of him as a Chub member. He sees him 19 Board had chosen to make the contents of the 19 in there daily. He doesn't know him on a 20 letter bulletin board material for public 20 private or personal basis. 21 consumption. Do you see where I'm reading 21 Q. You see the sentence that you underlined in 22 there? 22 your letter? 23 A. No, where are you reading? 23 A. Yeah. 24 Q. The bottom paragraph on Page 1, in the middle 24 Q. Just give me the identity of the people you 25 of that paragraph. 25 were receiving feedback from from Club members 75 77 1 A. Okay. I who don't even know Mr. Dyer. 2 Q. So you raise this bulletin board material 2 A. I didn't make a list of names. 3 again. And as I read it, Mr. Temple's response 3 Q. I don't need a list. Just give me one or two. 4 was that that was based on a-mails sent to 4 A. I just told you Bob. Then you badgered me on 5 other Club members by Mr. Dyer. 5 -- 6 A. Yes. 6 Q. Give me another name. 7 Q. Is that what he said during the telephone 7 A. No, I can't recall any other names. 8 conversation? 8 Q. Okay. You knew them back then, right? When 9 A. That may be part of it. He prefaced the 9 you wrote this letter you knew - 10 conversation by saying the call was not an 10 A. I told you if I had envisioned the fact that I 11 official call. 11 would have had to go through the extent of 12 Q. I understand. I can read that, I understand 12 things that I have gone through and that we 13 that. And then your next sentence after Mr. 13 were having this meeting today, you can rest 14 Temple saying that Mr. Dyer had caused some 14 assured I would have had a list, an inventory. 15 public exposure, you said, In response to your 15 At this point in time, February 17th, this 16 assumption, I emphatically noted that such was 16 was my last appeal to the Club, okay, in an 17 not the case. In fact, the feedback I was . 17 effort to get this matter resolved 18 receiving was coming from Club members who 18 professionally and privately. 19 don't even know Mr. Dyer. 19 Q. Okay. So you can't give me the names of anyone 20 A. That's correct. 20 other than Bob I guess. Is that your answer to 21 Q. And what Club members were you getting feedback 21 that question? 22 from? 22 A. I can't give you specific names. Okay? You 23 A. Well, Bob and Steve Sobocheck and I don't know, 23 asked me -- for example, you asked me who was 24 others. 24 in the Club the morning that I was accosted by 25 Q. Well, does Bob know Mr. Dyer? 25 Mr. Bender. I didn't go around and take an 20 (Pages 74 to 77) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 78 1 inventory of all the people in the Club that 1 2 day. Likewise, the people I was hearing this 2 3 from, okay, I didn't take an inventory of them. 3 4 Okay? Nor do I wish to put them in the same 4 5 position as myself and Mr. Dyer, which will be 5 6 the backlash that would occur. 6 7 Q. On the second page of that letter, sir, in the 7 8 first full paragraph you say, In turn, I gave 8 9 Mr. Dyer a copy of my Certified Mail letter to 9 10 you dated January 21, 2009. 10 11 A. See, if you had read these you would have known 11 12 that answer. 12 13 Q. Well, you might have known it as well if you 13 14 had read them. 14 15 A. I have read them because I wrote them. 15 16 Q. But you weren't sure which letters you gave to 16 17 Mr. Dyer? 17 18 A. No, because I hadn't gone through and reread 18 19 this. You have this in writing. 19 20 Q. Is that the letter that you gave to Mr. Dyer? 20 21 A. That's what I said, isn't it? 21 22 Q. Did you give any other letters to him? 22 23 A. No. 23 24 Q. Okay, there you go. 24 25 A. There you go. 25 79 1 Q. The full paragraph at the bottom there on Page 1 2 2, It has come to my attention that after the 2 3 Board's meeting of February 10, 2009, it has, 3 4 indeed, made the contents of your January 19, 4 5 2009 letter to me, quote, bulletin board 5 6 material, end quote, by electing to be 6 7 published in the Meeting Minutes that both 1 7 8 and Mr. Dyer had been fined $25 for whatever. 8 9 A. Right. 9 10 Q. Had you seen the minutes at that point in time? 10 11 A. You know, we're going to revisit this again. 11 12 You keep asking the same question and you have 12 13 the answer. I'm now going to start referring 13 14 you to just read the letter and that's as far 14 1.5 as I'm going to go. 15 16 Q. Had you seen the minutes at that point? 16 17 A. Read the letter. 17 18 Q. I am reading the letter. It doesn't say if you 18 19 had seen it or not. 19 20 A. I think you had asked the question earlier 20 21 about when the minutes were posted. 21 22 Q. Um-hum. 22 23 A. I think this explains when they were posted. 23 24 It had to be after the 10th because the board 24 25 meeting was on the 10th. 25 801 Q. My question is did you see those minutes then after the 10th? A. I already told you that. Q. Okay. And when you wrote this letter on February 17th had you seen the minutes of the meeting? A. No. Q. So you didn't know what the minutes of the meeting that you believe were posted at that point in time actually said? A. I think I already told you that Mr. Kelly told me he had read the minutes, okay, Mr. Kelly was now deceased, and passed this along to me subsequent to their posting on the bulletin board after the 10th. Okay? Q. Um-hum. A. And before the 17th. So now it's bracketed, okay, I was aware of it when I wrote this letter. Q. And did the minutes of the meeting say why you were fined? A. Conduct unbecoming a member. Q. Now, in this letter you say you've been fined $25 for whatever. Did you know when you wrote this letter that the minutes of the meeting 81 said you were fined for conduct unbecoming a member? A. Yes. Q. The last page of this letter, sir, Exhibit E, there's a note at the bottom. It says, You have my permission to post this letter on the Club's bulletin board for the enlightenment of the members. A. That's correct. Q. Did you write that? A. Yes, I did. Q. And were you giving permission to Mr. Temple to post this letter on the Club bulletin board? A. Yes. Q. For the public to read? A. Sure, in response to what happened to me. Q. What was that again? A. In response to what had happened to me. Q. In response to their putting the minutes of the meeting on the board? A. Yes. Okay. Q. Did anybody read this letter do you know - well, strike that. Do you know if the Club put your letter on the bulletin board? A. No. 21 (Pages 78 to 81) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 82 84 1 Q. Certainly anybody who, read your letter of 1 A. No. Well, if there was a nonmember that came 2 February 17, 2009 would know that you were 2 in as a guest -- 3 fined by the Club for conduct unbecoming a 3 Q. Yes, 4 member, correct? 4 A. It's possible. 5 A. Well -- 5 Q. Sure. Do you know of any nonmember who - 6 Q. Correct? 6 A. I already told you, I don't know. 7 A. Well, I think anybody who read that letter, 7 MR. KNAUER: Jeff, maybe I can just 8 yes. 8 interject. 9 Q. And do you know of anybody who read the letter? 9 A. You're badgering now. 10 A. No, but I know that anybody who read the 10 MR. KNAUER: Maybe I can interject one 11 minutes of the Club would know. 11 question that might help clarify the situation 12 Q. Well, do you know of anybody who didn't read 12 a little bit. Do you know, did the Club post 13 the minutes of the Club, but did read your 13 his February 17, 2009 letter on the bulletin 14 letter and found out you were fined because of 14 board? 15 the letter that you asked the Club - 15 MR- RETTIG: I don't Imow. I don't know. 16 A. That's a convoluted question. 16 A. You don't know? 1.7 Q. Okay, you're right. Let me put it this way. 17 BY MR RETTIG: 18 Do you know of any member of the general public 18 Q. So to your knowledge, the only people who - 19 who read the minutes of the meeting to find out 19 MR. KNAUER: So you don't know? 20 that you were fined for conduct unbecoming a 20 MR. RETTIG: I don't know. 21 Club member? 21 BY MR. RETTIG: 22 A. The Club minutes -- no, I do not know that. 22 Q. So to your knowledge, sir, the only people that 23 The Club minutes are not a matter of public -- 23 you know of who know from some action taken by 24 for public consumption. That's not to say they 24 the Club that you were fined for conduct 25 don't get outside the Club. 25 unbecoming a member are Club members, right? 83 85 1 Q. I understand that. And it's possible that a 1 A. State that again. 2 member of the public could have - 2 Q. Do you know of anyone who is not a Club member 3 A. Absolutely. 3 who knows that you were fined by the Club for 4 Q. And it's possible a member of the public could 4 conduct unbecoming a Club member? 5 have read your letter, Exhibit E? 5 A. Do I know? No. 6 A. Also, it's possible that anybody that read the 6 Q. Okay. Now, your Complaint, sir, alleges that 7 minutes could have discussed it outside the 7 you've suffered emotional distress by virtue of 8 Club, over the bar with members, nonmembers, et 8 being fined Are you aware of that? 9 cetera. 9 A. Yes. 10 Q. Do you know of anybody who's not a member of 10 Q. Tell me what emotional disstress you have 11 the Club who read the minutes of the meeting 11 suffered 12 that indicated that you were fined? 12 A. Well, the emotional distress I got is that it 13 A. No. 13 bothered me because I consider myself a person 14 Q. Do you know of anybody who is not a member of 14 of good character. It was demeaning to me to 15 the Club who read your letter, that Exhibit E, 15 have that occur. And it bothered me that there 16 your letter of February 17, 2009 to find out 16 would be a lot of people, Club members and 17 that you were fined? 17 possibly others that were not Club members that 18 A. I know of nobody that was a nonmember of the 18 become aware of this. 19 Club that read any of my letters because I 19 I still don't to this day know 20 didn't give them to anybody. Now, if somebody 20 specifically, although I have asked, what it is 21 gave my letter to a nonmember, I have no 21 that I did that would constitute conduct 22 knowledge of that. 22 unbecoming a member. Nobody has chosen to give 23 Q. I'm suggesting more if they posted it on the 23 it. I was told there is no definition in the 24 bulletin board like you authorized them to do, 24 by-laws, okay, and I know that. 25 a nonmember could have read that, correct? 25 So bottom line is it caused me a lot of 22 (Pages 82 to 85) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 86 88 1 sleepless nights, a lot of worry, a lot of 1 can tell you, and that's why I mentioned in my 2 anxiety because, you know, when you single 2 answer, in the broader context it could have 3 people out and put this kind of thing out for 3 been the entire Club membership. Okay? 4 consumption it bothers me personally. 4 Q. And it could not have been the entire Club 5 Q. Did you receive any treatment for that anxiety? 5 membership. 6 A. No, no, no, no. 6 A. Well, you know, that's reaching because people 7 Q. Do you take any medication? 7 do read those minutes. Okay? 8 A. Yeah, I take Zantac for stomach disorder. 8 Q. - Understood: So we know you told Mr. Dyer, you 9 Q. When did you first start taking Zantac? 9 sent him a copy of the letter. So if he didn't 10 A. Years ago. 10 know from reading the minutes, he knew from 11 Q. Before this incident occurred? 11 your letter that you were going to be - or 12 A. I take it occasionally, but I take it as 12 that you had been censured or fined for conduct 13 needed. 13 unbecoming a member, right? 14 Q. Okay, as needed. Did you ever complain to a 14 A. Say it again, please. 15 health care provider, psychologist, 15 Q. You sent the letter to Mr. Dyer, he knew from 16 psychiatrist about this anxiety that - 16 you that you had been censured? 17 A. No, I don't do that. I try to manage my own 17 A. Yes. Now, you have to take into account the 18 problems. 18 whole board membership, Club membership -- or 19 Q. You've mentioned I think the people that you 19 Club officers, the board, elected officers, 20 understand learned of your being fined for 20 they all knew. 21 conduct unbecoming a member and it includes, if 21 Q. Because they voted to do it? 22 1 got the list correctly, Bob, Mr. Kelly, Steve 22 A. Yeah. And you can bet that all the bartenders 23 Sobocheck and Mr. Dyer. Anybody else? 23 did. 24 A. Well, you know, I'm going to answer this 24 Q. I'm not going to make any bets. 25 question. It's going to be maybe a long 25 A. Well, okay. 87 89 1 answer. You seem to want to have specific 1 Q. Did you tell the bartenders? 2 names to minimize what happened. The fact of 2 A. No. I told you -- how many times have I told 3 the matter is the reason the Complaint was 3 you, I tried to keep this private and personal 4 brought is because of the broader issue, okay, 4 between myself and the Club- 5 because of the fact that, number one, all 5 MR. RETTIG: That's all the questions 1 6 right, I tried to get an answer to what went 6 have. Thanks a lot. 7 on. I have no answers. 7 EXAMINATION 8 The action was taken. It was published on 8 BY MR. KNAUER: 9 the bulletin board. It is open for the whole 9 Q. Mr. Miller, with respect to the Club members, 10 Club to see and read, okay, without any due 10 are Club members entitled to bring nonmembers 11 process given to me. Okay? 11 into the bar? 12 I am more concerned about the broader 12 A. Yes. 13 issue of this thing being exposed to the entire 13 Q. And into the entire facility? 14 Club membership rather than to try and boil it 14 A. Yes. 15 down and minimize the issue with respect to one 15 Q. And that's - 16 or two people. 16 A. Well, when you say entire facility, I mean, 17 Q. I appreciate your concern. Can you answer my 17 obviously, they can't go behind the bar and 18 question? 18 they can't go in the offices or the kitchen 19 A. I think I just did. 19 , but the general facilities, yes. 20 Q. Do you know of anyone other than those four 20 Q. And where is the bulletin board physically 21 names that I mentioned, members of the Club who 21 located? 22 learned of your suspension or your fine through 22 A. There are two of them in the bar area One is 2 3 any publication on the bulletin board? 23 at what used to be the -- I don't know if it 2 4 A. And I'm going to answer it the same way I just 24 still is, the sign-in desk, which would be 2 5 did, okay, I can't give you names, okay, but I 2 5 located on the north wall at the west end of 23 (Pages 86 to 89) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 _ 90 92 1 the bar. And the other one is on the south 1 at the west end. I cannot tell you where they 2 wall of the bar, again, more towards the west 2 were posted because I wasn't there to see the 3 end. 3 posting. We went through that I think about an 4 Q. And that's available for members or nonmembers 4 hour and a half ago. 5 to read? 5 MR RETTIG: Thanks. That's all I have. 6 A. Certainly. 6 MR. KNAUER: One question I do have. 7 Q. And do you know when new members apply whether 7 Jeff, you said that his membership card 8 they come in and are told to take a look at the 8 wouldn't be given because his privileges were 9 bulletin board, we post our minutes, that type 9 suspended, but why wouldn't the membership card 10 of - 10 be there, but subject to the -- 11 A. I don't know what they tell them. It's been 37 11 MR RETTIG: I'm just reading the letter 12 years since I applied 12 that was sent to him and he was suspended until 13 Q. And I understand you're a life member? 13 he paid the fine. And he said he didn't pay 14 A. Yes. 14 the fine. So I'm assuming he's still 15 Q. And since this time they've refused to give you 15 suspended. I don't know. 16 a membership card? 16 MR KNAUER: That wasn't a question that 17 A. Right. Let me say I haven't received one. 17 was asked. 18 Q. And they've never given you any explanation 18 MR KNAUER: Well, ask him, he's the 19 what conduct unbecoming a member is? 19 witness. 20 A. Nope. 20 MR. KNAUER- The membership card would 21 MR KNAUER: No further questions. 21 seem to go out, but he couldn't use it, 22 EXAMINATION 22 couldn't go into the building. 23 BY MR RETTIG: 23 MR. RETTIG: Well, why would you want a 24 Q. Sir, you could have gotten a membership if you 24 membership card if you can't use it? 25 paid the $25 fine, right? 25 MR KNAUER: Because he's a lifetime 91 93 1 A. Would you like to know why? 1 member. 2 Q. No. I'm just saying - 2 MR RETTIG: He's the witness; not me. If 3 A. Then 1 don't know. 3 you want to ask him questions, go ahead. 4 Q. You understood that if you paid the $25 fine, 4 MR. KNAUER That's what rm just trying 5 as provided for in the by-laws, that your 5 to figure out, why that wouldn't have been 6 suspension would be lifted, you knew that, 6 given to him. 7 didn't you? 7 MR RET1`IG: Because he didn't pay the $25 8 A. There's a reason I didn't pay the fine. 8 fine would be my guess, but I don't know. I 9 Q. I'm sure there is, but you knew - 9 think we're done. 10 A. Why aren't you interested? 10 MR. KNAUER: All right. Mr. Miller wants 11 Q. Because I'm not. 11 to say something. What else do you want to 12 A. But I want people to be interested. It's part 12 say, Mr. Miller? 13 of the case. It's part of the case. 13 A. I would like to, once again, reiterate that I 14 Q. You knew that you could pay the 25 - 14 object to your law firm and, therefore, 15 A. It's a significant part of the case. 15 yourself being involved in this matter because 16 Q. You knew that paying the $25 - 16 I believe there's a distinct conflict of 17 MR KNAUER: One person at a time. 17 interest. 18 A. You want to laugh again? 18 In a letter that you sent: to my attorney I 19 BY MR. RETTIG: 19 believe you used the term instant case. Would 20 Q. No. 20 you like me to read that letter to you? 21 A. Okay, good. 21 MR RETTIG: No, rnt familiar with it. 22 Q. Which bulletin board were the minutes posted 22 A. Well, why don't I do the same that you did to 23 on? 23 me. 24 A. I have no idea. They are normally posted on 24 MR RETTIG: Because I'm not here to give 125 the one I mentioned earlier, on the north wall 25 a deposition. 24 (Pages 90 to 93) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 94 96 1 A. The point is that this deposition on my part is 2 given to you under protest because I believe COMMONWEALTH OF PENNSYLVANIA) 3 and am requesting, once again, that you and COUNTY OF DAUPHIN ) 4 Dufe recuse yourself from the case because of 1, Susan D. Kashmere, Reporter and 5 prior dealings I've had with the Duffle law Notary Public in and for the Commonwealth of 6 firm. Pennsylvania and County of Dauphin, do hereby certify that the foregoing deposition was taken 7 MR. RETTIG: File a petition with the before me at the time and place hereinbefore set forth, and that it is the testimony of 8 Court. I'm sure they'll rule bn it. LINCOLN S. MILLER, JR. 9 A. And that is no different than the precedent set I further certify that said witness was by me duly sworn to testify the whole and complete 10 by the Club's attorney, Mr. Wagner, who has truth in said cause; that the testimony then given 11 since recused himself because of past business was reported by me stenographically, and subsequently transcribed under my direction and 12 I had with him , not involving, quote, this supervision; and that the foregoing is a full, true, and correct transcript of my original 13 instant case. shorthand notes. 14 MR. RETTIG: File a petition, file a I further certify that I am not counsel 15 petition. That's what you have a lawyer for. for or related to any of the parties to the 16 File a petition, ask the Court to kick me out. foregoing cause, or employed by them or their attorneys, and am not interested in the subject 17 I welcome you to do it. That's what you ought matter or outcome thereof. 18 to do. You've been threatening to do it for Dated at Harrisburg, Pennsylvania, this 1 19 months. You've never done it. Why don't you st day of December, 2010. t 20 try doing it? ' ?• 21 A. I guess the reason is because we thought you R Susan D. Kashmere, RP Reporter - Notary Public 22 would handle it like a gentleman and your law 23 firm would. I know Jerry Duffle for a long My commission expires 24 time and we had requested that you not be April 18,2012. 25 involved, okay, and we got your letter back, 95 1 which was not very professional and you refused 2 to do so. 3 MR. RETTIG: That's right. 4 A. So I guess we'll have to work on doing it the 5 other way. _ 6 MR. RETTIG: That's what rve been 7 encouraging you to do since the fast time your 8 lawyer mentioned it, do it the right way, file 9 a petition with the Court, let the Court 10 decide. 11 A. We didn't have to do that, because, as I said, 12 with the precedent set by Mr. Wagner, we didn't 13 have to go to the Court, he did it himself. He 14 was professional enough to do that. You 15 apparently are not professional. 16 MR. RETTIG: You're entitled to your 17 opinion. Thanks a lot. 18 A. As we all are. Don't thank me. 19 MR. RETTIG: Okay, I won't thank you. 20 (Whereupon, the deposition concluded at 21 4:38 p.m.) 22 23 24 25 25 (Pages 94 to 96) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327 CERTIFICATE OF SERVICE AND NOW, this / S nay of December, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David W. Knauer, Esquire 411A East Main Street Mechanicsburg, PA 17055-6514 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Andrew su, Jr. FILE[-OFFICE OF THE PROTHONOTARY 20111 :,, - ? !'1 1 1: 33 CUMDERL.i%! "D C;JIL'? TY PE1NNSYLV;_,,-flA NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 khildabrandghersheypalaw.com LINCOLN S. MILLER, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. THE MECHANICSBURG CLUB, Defendant NO. 09-3232 CIVIL ACTION -LAW JURY TRIAL, DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, Lincoln S. Miller, Jr., with regard to the above-captioned matter: Date: < 7 ?_/ Respectfully submitted, NESTICO, DRUBY & HILDABRAND, PC arl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire of the law firm Nestico, Druby & Hildabrand, PC, hereby certify that I served a true and exact copy of the foregoing document referenced to the foregoing action by First Class Mail, postage prepaid, this : day of January 2011, on the following: Jeffrey B. Rettig, Esquire Johnson Duffy Stweart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 X;?(- ) I/ X Karl R. Hildabrand FILED -OF F1 C.- T1ir PR0H0f1-, 1 ?,dP, f 2011 JAN 12 PM 1: "6.,4 NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 khildabrand@Aersheypalaw.com CUMBERLAND CUUNFI`` LINCOLN S. MILLER, JR., Plaintiff V. THE MECHANICSBURG CLUB, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-3232 CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL DISCOVERY PURSUANT TO Pa.ILC.P. 4019 1. Plaintiff commenced the above action by the filing of a Complaint on or about October 29, 2009. 2. Defendant's filed an Answer with New Matter on or about April 27, 2010. 3. Plaintiff served upon the Defendant a First Set of Interrogatories and a First Request for Production of Documents on August 14, 2009. 4. To date, no responses have been received from Defendant and its responses are overdue. 5. Plaintiff requests that this Court grant this Motion and enter an Order directing Defendant to provide full and complete answers, without objection, to Plaintiff's First Set of Interrogatories and a full and complete response, without objection, to Plaintiffs First Request for Production of Documents within twenty (20) days from the Court's Order or suffer the entry of sanctions. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Date: - - Attorney for Plaintiff NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 khildabrandna,hersheypalaw. com LINCOLN S. MILLER, JR., Plaintiff V. THE MECHANICSBURG CLUB, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-3232 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF NON-CONCURRENCE I, Karl R. Hildabrand, Esquire, counsel for Plaintiff, hereby certify that I sought the concurrence of Jeffrey Rettig, Esquire, counsel for Defendant, in the within Motion and Attorney Rettig did not concur. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, PC hct`0 ?- Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 ` (717) 533-5406 Date: Attorney for Plaintiff CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire of the law firm Nestico, Druby & Hildabrand, PC, hereby certify that I served a true and exact copy of the foregoing document referenced to the foregoing action by First Class Mail, postage prepaid, this -//- day of January 2011, on the following: Jeffrey B. Rettig, Esquire Johnson Duffy Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 a R. Hildabrand FILED-O F lit r !,. 12 PSI I:2, t•?5?;?-J l•t it i?`?Pr"?. NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 khildabrandna hersheypalaw com LINCOLN S. MILLER, JR., Plaintiff V. THE MECHANICSBURG CLUB, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-3232 CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO Pa.R.C.P.1035.3 1. Denied. This matter arises from a conversation involving the Plaintiff and other members of the Defendant club on January 18, 2009 and the subsequent unilateral action taken by the Defendant, without hearing, suspending the Plaintiff s membership privileges on the alleged basis that the Plaintiff had engaged in conduct unbecoming a member. 2. Denied. Plaintiff's Complaint speaks for itself. 3. Denied. Plaintiff's Complaint speaks for itself 4. Denied. Plaintiff's Complaint speaks for itself. 5. Denied. Plaintiff's Complaint speaks for itself 6. Denied. Paragraph 6 is specifically denied in that: (a) Discovery has not been completed. (b) Defendant has failed and refused to answer Plaintiff's Interrogatories and Requests for Production. (c) Plaintiff has not yet taken any depositions of those individuals who acted on the part of the Defendant or other individuals with relevant information. (d) Plaintiff did testify in his deposition (page 39-40) that he received feedback regarding the Defendant actions from a "variety of people" including a man named Bob in the Mt. Holly Legion and a man named Ron Keefer in the Dillsburg Legion. (e) Plaintiff further testified that it was difficult for him to identify who at the club knew about the matter but he believed that the bartenders and club manager (all non-members of the club) knew about it. (41) (f) Plaintiff further testified that the Board of Governors' and the Club Manager, Mike Gallagher (not a club member) knew about it because they had been present at the meeting where the disciplinary action was taken against him. (42-43, 45). (g) Plaintiff further testified that Bob, a club member, told him at the Mt. Holly Legion that "its all over the club, its being passed around." (43) (h) The Plaintiff further testified that it was standard procedure in the club to post the minutes of meetings on the club bulletin boards (52-53) and noted: "I saw club minutes posted on the bulletin board for 35 years in the club." Because the Plaintiff was not permitted back in the club following the implementation of discipline he was unable to testify that he saw the minutes actually published on the club bulletin board. However, he testified as follows: Q. Do you know if those minutes were ever placed on the bulletin board? A. Yes. Q. How do you know that? A. Because one of the people who was there and read the minutes, Mr. Joe Kelly, who is now deceased, told me that. (60-61, 80). (i) Plaintiff further testified that he received feedback from club members Bob and Steve Sobocheck regarding their knowledge of the incident. (75) (j) Plaintiff further testified that club minutes posted on the board may be read by members and guests and may "get outside the club". (82, 84, 89- 90). 7. Denied. Paragraph 7 is specifically denied. On the contrary, the alleged defamatory communication was not conditionally privileged because it was disseminated to members and guests alike, employees who were non-members, and there was no effort by the Defendant to keep it confidential. Any claimed "privilege" was abused by Defendant. Denied. Paragraph 8 states a conclusion of law to which no answer is required and the averments are denied. 9. Denied. Paragraph 9 states a conclusion of law to which no answer is required and the averments are denied. 10. Denied. Paragraph 10 states a conclusion of law to which no answer is required and the averments are denied. 11. Denied. The averments of paragraph 11 are specifically denied. The response to paragraph 7 above is incorporated herein by reference. 12. Denied. The averments of paragraph 12 are specifically denied. The response to paragraph 7 above is incorporated herein by reference. NEW MATTER 13. This matter is not ripe for summary judgment because discovery has not been completed, Defendant has not answered Plaintiff's discovery, and Plaintiff has not yet taken any depositions. 14. The following issues of fact arise from the evidence in the record and controvert the position taken by Defendant: (a) Whether club members have disseminated the allegedly defamatory information to non club members. (b) Whether, and to what extent, the allegedly defamatory material was posted on the club bulletin board. (c) Whether the allegedly defamatory materials was disseminated to club members and others via email. (d) Whether the allegedly defamatory material was disseminated by the club to members and non-members in other ways. (e) Whether club members were cautioned or directed to keep the matter confidential. (f) Whether club employees, not club members, were privy to the information and whether this, in and of itself, invalidates any conditional privilege. (g) Whether any conditional privilege potentially applying to the club was abused by Defendant. 15. Defendant, having failed to establish that there are no genuine issues of material fact pertinent to its motion, has failed to meet the requirements of Rule 1035.2. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 ?? // (717) 533-5406 Date: < Attorney for Plaintiff CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire of the law firm Nestico, Druby & Hildabrand, PC, hereby certify that I served a true and exact copy of the foregoing document referenced to the foregoing action by First Class Mail, postage prepaid, this ? day of January 2011, on the following: Jeffrey B. Rettig, Esquire Johnson Duffy Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 arl R. Hildabrand FILED-OFFIC OF THE PROTH!N ARY 2011 y ,;r x' :112: 51 NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 khildabrandghersheypalaw.com CUMBE# A'ITY? 1y LINCOLN S. MILLER, JR., Plaintiff V. THE MECHANICSBURG CLUB, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3232 CIVIL ACTION -LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this 1'1?day of ;j7 , 2011, upon consideration of the Motion of Plaintiff for an Order compelling Defendant to answer Plaintiff's Interrogatories and Requests for Production of Documents, a Rule to Show Cause is issued upon Defendant to show cause, if any it has, why the relief requested in said Motion should not be granted. Rule returnable-7-days from service. BY THE COURT, % J. Distribution: Karl R. Hildabrand, Esquire, Nestico, Druby Hildabrand, 840 East Chocolate Avenue, Hershey, PA 17033 Jeffrey Rettig, Esquire, Johnson Duffie, 301 Market Street, PO Box 109, Lemoyne, PA 17043-0109 ics Mo. Ierj 00p 1IB11 1 orb Or THE PROTHOt TARP 2011 AN 21 PM 3: 05 "UMBERLAND COUN i Y PENNSYLVANIA Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr -jdsw.com LINCOLN S. MILLER, JR., Plaintiff Attorneys for Defendant The Mechanicsburg Club IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 09-3232 V. THE MECHANICSBURG CLUB, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED RESPONSE OF DEFENDANT TO RULE TO SHOW CAUSE ISSUED JANUARY 14. 2011 AND NOW comes the Defendant, by its counsel, Johnson, Duffie, Stewart & Weidner, and responds to the Rule to Show Cause issued in this case as follows. Admitted. 2. Admitted. 3. Admitted. 4. Denied. To the contrary. Defendant's counsel forwarded answers to Plaintiff's discovery in 2009. These discovery answers were forwarded to Plaintiff's prior counsel and sent a second time to Plaintiffs current counsel. 5. Denied. To the contrary, Defendant has filed full and complete answers to Plaintiff's Interrogatories. However, Plaintiff has not answered Defendant's Interrogatories. WHEREFORE, Defendant requests that the Rule to Show Cause be discharged and that Plaintiff's Motion to Compel be dismissed. Respectfully submitted, DUFFIE, SyFWART & WEIDNER ? /j de ,ffr&y B. Rettig I No. 19616 301 Market Street P. O. Box 109 Lemoyne, PA 17043 ibr(caidsw.com (717) 761-4540 Counsel for Defendant :428540 CERTIFICATE OF SERVICE AND NOW, this X day of January, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Response of Defendant to Rule to Show Cause upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Karl R. Hildabrand, Esquire Nestico Druby & Hildabrand, P.C. 840 East Chocolate Avenue Hershey, PA 17033 Counsel for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER e rey B. Rettig f LINCOLN S. MILLER, JR., Plaintiff V. THE MECHANICSBURG CLUB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-3232 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY PURSUANT TO Pa.R.C.P. 4019 and DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ORDER OF COURT AND NOW, this 2nd day of March, 2011, upon consideration of Plaintiff's Motion To Compel Discovery Pursuant to Pa.R.C.P. 4019, and Defendant's Motion for Summary Judgment, and following a telephone conference on March 2, 2011, in which Plaintiff was represented by Karl R. Hildabrand, Esq., and Defendant was represented by John R. Ninosky, Esq., standing in for Jeffrey B. Rettig, Esq., who was unavailable for the conference, and it appearing that Plaintiff will be withdrawing his motion to compel discovery but that a factual issue remains in dispute as to whether Plaintiff's counsel had received the discovery sought in the motion prior to the filing of Defendant's motion for summary judgment and that a further issue remains in dispute as to whether Defendant's motion for summary judgment was filed prematurely because discovery relevant to the motion had not been completed, a hearing on those two issues is scheduled for Monday, April 4, 2011, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. THE BURDEN OF PROOF at the hearing on those two issues will be on Plaintiff. Karl R. Hildabrand, Esq. 840 E. Chocolate Avenue Hershey, PA 17033-1213 Attorney for Plaintiff ^yt ,J BY T CO T, Wesley O er, r., J. U e, Jeffrey B. Rettig, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc Cc p; C,5 wv.,,. ?t' 3/y?ll ?lu- LINCOLN S. MILLER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW c -° -' =r rrn-- THE MECHANICSBURG O® CLUB, r` --to t Defendant NO. 09-3232 CIVIL TERM -a . ?? N Om --i IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGME14T C3 BEFORE OLER and MASLAND, JJ. ORDER OF COURT AND NOW, this 5?' day of April, 2011, upon consideration of Defendant's Motion for Summary Judgment, and following a hearing at which counsel presented their respective positions on the issue of whether discovery is complete on the factual matters to which the motion pertains, and it appearing that the depositions of two witnesses have been scheduled by Plaintiff for the near future without objection on the part of Defendant, and pursuant to the court's authority under Pennsylvania Rule of Civil Procedure 136 (liberal construction and application of rules), the motion is stricken from the argument court list and counsel are directed to relist it following the filing of transcripts of the said depositions. BY THE COURT, Karl R. Hildabrand, Esq. 840 E. Chocolate Avenue Hershey, PA 17033-1213 Attorney for Plaintiff ?/Jeffrey B. Rettig, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant esley Oler,,)r., J. f Andrew P. Dollman, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant I Of ?? 0o" o eIlitl * 00 :rc David a). BueG Prothonotary Office of the Prothonotary Cum6er[and County, 'ennsy[vania 7(rkS. Solionage, ESQ Solicitor a9- 323 eZSIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF.00TOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 e CarCisfe, TA 0 (Phone 71 7 240-6195 e Ea.c 717 240-6573