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HomeMy WebLinkAbout11-6475SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff OiF THE PROTHONOTARY t o??y?tr ?1 ? ??anGrr{,,err Jody S Smith ` Chief Deputy W 2011 AUG 24 PM 3: 53 Richard W Stewart CUMBERLAND OOU?I i solicitor 'F` PENNSYLVANIA Mary Beth Spuhler Case Number vs. Louis F. Grammes 2011-6475 SHERIFF'S RETURN OF SERVICE 08/18/2011 07:00 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on August 18, 2011 at 1900 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Louis F. Grammes, by making known unto herself personally, at 6105 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB T BITNER, DE TY SHERIFF COST: $38.00 August 19, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (G Goun+, g;r to SherPP, iel2o.=,c?l r.c. Stephen Moniak, Esquire PA Supreme Court ID #80035 RHOADS & SINON LLP One South Market Sqr., 12`h Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 237-6732 - Telephone (717) 238-8622 - Facsimile smoniak@rhoads-sinon.com Counsel for Defendant Louis F. Grammes MARY BETH SPUHLER, Plaintiff V. LOUIS F. GRAMMES, Defendant FILED-OFFICE OF THE PROTHONOTARY 2011 AUG 29 AM 11: 31 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6475 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Stephen Moniak, Esquire and Rhoads & Sinon LLP as counsel for Defendant, Louis F. Grammes, in the above-captioned matter. Respectfully submitted, Dated: August 26, 2011 BROADS &LP By: S en Mon a PA Supreme Court ID #80035 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Louis F. Grammes 824605.1 CERTIFICATE OF SERVICE I hereby certify that on this 26th day of August, 2011, a true and correct copy of a Praecipe for Entry of Appearance was served by means of United States mail, first class, postage prepaid, upon the following: Elliot A. Strokoff, Esquire Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, PA 17108-1903 Counsel for Plaintiff V?,?%LQ?.GL ? p'1 Teresa H. Laughead A PRAECIPE FOR !TING LICASE FOR ARG.UM:EI;?;;,_, , (Must be typewritten and submitted in triplicateh-E0-Di` FICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List Svftt4iAMMONO f 4 Argument Court.) -------------------- ?-- 11 36 CAPTION OF CASE (entire caption must be stated in full) CUMBERLAND COUNTY PENNSYLVANIA MARY BETH SPUHLER vs. LOUIS F. GRAMMES No 11-6475 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Stephen Moniak, Esquire, Rhoads & Sinon LLP (Name and Address) One South Market Square, 12th Floor, Harrisburg, PA 17108-1146 (b) for defendants: Elliot A. Strokoff, Esquire, Strokoff & Cowden, P.C. (Name and Address) 132 State Street, P.O. Box 11903, Harrisburg, PA 17108-1903 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 24, 2012 s'-?e ,Phen M un "A-< Print your name Defendant 12/29/2011 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 14 days prior to argument. 3. The responding party shall file their brief 7 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 I hereby certify that on this a q'?day of December, 2011, a true and correct copy of the foregoing Praecipe for Listing Case for Argument was served by means of United States mail, first class, postage prepaid, upon the following: Elliot A. Strokoff, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, PA 17108-1903 Attorneys for Plaintiff Teresa Laughead O OR -3 tt' ?`Aho coux?t Ct1Mg??1N5Y?.VAWt A Elliot A. Strokoff, Esq. Strokoff & Cowden, P.C. 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 eas@strokoffandcowden.com Mary Beth Spuhler, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6475-CIVIL Louis F. Grammes, Defendant : Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Elliot A. Strokoff, Esq. Strokoff & Cowden, P.C. 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 eas@strokoffandcowden.com Mary Beth Spuhler, Plaintiff V. Louis F. Grammes, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-6475-CIVIL : Jury Trial Demanded AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes pdginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Elliot A. Strokoff, Esq. Strokoff & Cowden, P.C. 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 eas@strokoffandcowden.com Mary Beth Spuhler, Plaintiff V. Louis F. Grammes, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6475-CIVIL Jury Trial Demanded AMENDED COMPLAINT 1. The Plaintiff, Mary Beth Spuhler, is an adult individual residing at 422 Deerfield Rd., Camp Hill, Cumberland County, PA 17011. 2. The Defendant, Louis F. Grammes, is an adult individual residing at 6105 Stephens Crossing, Mechanicsburg, Cumberland County, PA 17050. 3. At all times material to this Complaint, the Plaintiff and the Defendant were Agents for Massachusetts Mutual Life Insurance Company and its affiliates (hereinafter Mass Mutual) and were transacting business out of the offices situate in Camp Hill, Cumberland County, Pennsylvania. 4. From time to time, in fulfilling their occupation as Agents for Mass Mutual, the Plaintiff and the Defendant would collaborate on solicitations of new clients for Mass Mutual. 5. Since 1982 and at all relevant times, the Plaintiff and the Defendant have had a long standing and ongoing oral agreement that if a collaboration on a solicitation of a new client would result in the issuance of an insurance or annuity contract by Mass Mutual or a contract for a 401(k) plan, they would equally divide the Agent's initial commission and the Agent's renewal commissions for the new client, as well as any derivative or referral business from that new client, including Mass Mutual contracts written for the client's relatives, or affiliated businesses or individuals affiliated with the business client (hereafter Oral Agreement). 6. On or about May 16, 1996, the Plaintiff and Defendant successfully collaborated on writing a contract and 401(k) plan for a new client, N.H.T.B. Co.* for which the Agent's initial commission and renewal commissions were supposed to be divided equally according to the aforementioned Oral Agreement. (Given the confidential nature of the information contained in the 1996 N.H.T.B Investor Account Form it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). ' To preserve the confidentiality of the clients' identities, only their initials will be used in this Complaint. 2 7. On or about January 23, 2011, the Plaintiff discovered that the Defendant, without the Plaintiff's knowledge, had written in 2006 a life insurance policy for S.F.* (one of the individual principals affiliated with N.H.T.B. Co.), of Mechanicsburg, Pennsylvania (Policy # 11 470 500). (Given the confidential nature of the information contained in the 1/27/ 11 Portfolio Audit and Account Review for S.F. it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). 8. S.F.'s policy application directed that Defendant receive 100% of the initial and renewal commissions, contrary to the aforementioned Oral Agreement, thereby depriving the Plaintiff of approximately $3,288 of initial commission on the 2006 life insurance policy and approximately $3,145 in annual renewal commissions for that policy; and an unknown amount for any 401(k) plan commissions derived from that policy through the date of the filing of this suit. (Id.) 9. After the Plaintiff brought this to the Defendant's attention, on January 23, 2011 the Defendant left a message on the Plaintiff's voicemail that his failure to provide for an equal division of the commissions in S.F.'s 2006 life insurance policy contract "was done in error because I do not do that" and that "I will make it up to you." 3 10. Defendant has failed to correct the error and has not paid Plaintiff for her commission in S.F.'s 2006 life insurance policy and annual renewal commissions as he said he would. 11. On or about February 7, 2011, the Plaintiff discovered that the Defendant had written an application on January 19, 2011 for conversion of a term life insurance policy for C.S.B.,* the son of J.A.B., but contrary to their Agreement, the Defendant had executed paperwork directing that Defendant receive 100% commission on said converted policy. (Given the confidential nature of the information contained in the 1 / 19 / 11 Application Part 1 and Producer's Statement for C.S.B. it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). 12. Because this was the second time in a matter of weeks that Plaintiff discovered that Defendant had executed a document contrary to their Oral Agreement to equally divide commissions, the Plaintiff immediately made and retained a copy of that application. (Id.) 13. After making the aforementioned copy, the Plaintiff immediately went to the Defendant in his office and asked why he had written an application for C.S.B. providing that the Defendant was to receive 100% of the first year commission and 100% of the renewal commissions, to which the Defendant made no comment. 4 14. Within half an hour later on February 7, 2011, the Defendant came to the Plaintiff, told her that she was mistaken and that he had written the policy for C.S.B. to provide equal division of all commissions, showing her a copy of a policy application upon which page 2 was changed to provide for equal division of commissions. (The amended page 2 of the Application for C.S.B. is attached hereto as Exhibit A). 15. Plaintiff then confronted the Defendant with the copy of the original application she had made earlier that day clearly showing that the Defendant had originally written the policy providing that he was to get 100% of all commissions. The Defendant walked out of Plaintiff's office without making any comment. 16. Concerned that the Defendant may have made similar contracts without her knowledge which deprived her of her 50% share of commissions in accordance with their long standing Oral Agreement, the Plaintiff began to search for documentation prepared by the Defendant for S.F. and his relatives and business affiliates. 17. Pursuant to her search Plaintiff discovered that the Defendant had, without Plaintiff's knowledge in 2001 written policy # 11160707, for C. F., S.F.'s wife, for which policy Defendant had directed that 100% of the renewal commissions, be paid to the Defendant, thereby depriving the Plaintiff of half of the renewal commissions to which she was entitled per their Agreement, totaling $1,880.80 through the date of the filing 5 TIT of this suit. (Given the confidential nature of the information contained in C.F.'s 2001 Life Insurance Application it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). 18. In August of 2011, the Plaintiff discovered that the Defendant had in May 2009, without her knowledge and contrary to their Oral Agreement, executed a document for the 401(k) plan for N.H.T.B. Inc., a business affiliate of S.F., removing the Plaintiff from receiving one-half of the Agent's commission thereon, thereby depriving the Plaintiff of one-half of the Agent's commissions, totaling an as of yet undetermined amount through the date of this suit. (Given the confidential nature of the information contained in the 2009 Investor Account Form for N.H.T.B. Inc. it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). 19. Similarly, Plaintiff began to search for documentation written by the Defendant for other shared clients; among them, J.A.B. and his relatives and business affiliates. 20. On or about March 15,1995, the Plaintiff and Defendant had successfully collaborated on writing a life insurance policy for J.A.B and R.B. of York, Pennsylvania, his wife, (policy # 9641657). (Given the confidential nature of the information contained in J.A.B. and R.B's 1995 6 Application Part I it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). 21. Pursuant to her search the Plaintiff discovered that Defendant, contrary to the aforementioned Oral Agreement, had directed that he receive 100% of the first year commission, thereby depriving the Plaintiff of $1,898, representing one-half of the Agent's initial commission on that policy. (Id.) 22. The Defendant concealed from the Plaintiff that he had executed the aforementioned documents providing for payment to him of 100% of commissions, contrary to their Oral Agreement. 23. By memo dated April 1, 2011, from the Defendant to the Plaintiff, he agreed that Plaintiff should have received an equal share of the commissions on the aforementioned policies and contracts, but notwithstanding repeated demands therefore and he has not paid the Claimant for any of those past due commissions. (The April 1, 2011 memo is attached hereto as Exhibit B). 24. The Plaintiff discovered that, without her knowledge and contrary to the Oral Agreement, on January 1, 2009, Defendant rewrote the term life policy # 6 258 668 on C.S.B., the son of J.A.B., to a new term life policy # 32153898 directing 100% of commissions be paid to the Defendant, depriving the Plaintiff of her one-half share of commissions, totaling an as of yet undetermined amount of money. (Given the confidential nature of the 7 7 information contained in the 1/ 1/09 Portfolio Audit and Account Review for C.S.B. it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). 25. Plaintiff further discovered that without her knowledge and contrary to the Oral Agreement, in 1998 Defendant had executed a document for the 401(k) plan for Y.V., Inc., a business affiliate of J.A.B., removing the Plaintiff from receiving one-half of the Agent's commission thereon, thereby depriving the Plaintiff of one-half of the Agent's commissions, totaling an as of yet undetermined amount through the date of this suit. (Given the confidential nature of the information contained in the 1998 Investor Account Form for Y.V. Inc. it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). COUNT I - BREACH OF CONTRACT 26. Plaintiff incorporates by reference all of the allegations set forth in paragraphs 1-25 as if stated in their entirety. 27. Pursuant to the Oral Agreement, when Plaintiff and Defendant collaborated on the solicitation of a new client they were obliged to equally divide the initial commission, the renewal commissions for the shared client and any commissions from derivative or referral business from the shared client, including Mass Mutual contracts written for the client's relatives, or affiliated businesses or individuals affiliated with the business client. 8 .ry 28. The Plaintiff and the Defendant successfully collaborated in more than just the aforementioned contracts above. 29. Pursuant to the Oral Agreement Defendant has shared equally in the commissions of new clients, renewal commissions, and commissions from derivative and/or referred business from clients shared with Plaintiff. 30. Defendant did not equally share commissions for the J.A.B. and S. F. client cases referred to above and from the 401(k) contracts pertaining to N.H.T.B. Co., and Y.V. Inc. policies in breach of the Oral Agreement. 31. Defendant's actions breached the Oral Agreement. 32. Despite Plaintiff bringing these matters to Defendant's attention, Defendant failed and refused to pay Plaintiff her share of the commissions owed. 33. Because of the Defendant's unwillingness or inability to be truthful in his responses to the Plaintiff concerning the J.A.B. and S.F. client cases referred to above, and because of Defendant's intentional removing the Plaintiff from receiving commissions from the 401(k) contracts pertaining to N.H.B.T. Co., and Y.V. Inc. as aforementioned, Plaintiff believes, and therefore avers, that there are likely other commissions for clients which the Defendant has unlawfully deprived the Plaintiff of her one-half of the agent's initial and renewal commissions. 9 34. As a result of Defendant's breaches of the Oral Agreement with the Plaintiff, the Defendant has caused the Plaintiff at least $10,322 in lost commissions, plus an undetermined amount of commissions on 401(k) plan contracts, plus an undetermined amount for renewal commissions, and will suffer lost renewal commissions in the future, and has also caused her the loss of the use of those sums from the time she should have been paid those commissions. WHEREFORE, Plaintiff demands judgment against Defendant in an amount to be determined at trial but believed to be at least $10,322, plus pre-judgment interest at 6% per annum, plus a court order directing the Defendant to pay the proper commission splits arising after the date this suit was filed, plus costs of suit and any such other relief deemed just or appropriate by the Court. COUNT II - UNJUST ENRICHMENT (IN THE ALTERNATIVE) 35. Plaintiff incorporates by reference all of the allegations set forth in paragraphs 1-34 as if stated in their entirety. 36. Defendant intentionally omitted and concealed information on shared client renewals, derivative contracts and rewritten plans with the express purpose of receiving 100% of the commissions resulting therefrom. 37. Defendant omitted Plaintiff from the requisite paperwork for the express purpose of retaining Plaintiff's portion of the commission. 10 38. For his own gain Defendant failed and refused to equally share the commissions derived from the J.A.B. and S.F. client cases referred to above. 39. Defendant misrepresented himself on the paperwork submitted for shared client renewals, derivative contracts and rewritten plans in order to receive 100% of the commissions resulting therefrom to the detriment of Plaintiff. 40. Defendant committed fraud in order to enrich himself to the Plaintiff's detriment. 41. Defendant is without justification for his intentional misrepresentations and fraudulent removals or omissions of Plaintiff's name from the paperwork required and which would result in Plaintiff receiving her commissions from the client cases referred to above. 42. Defendant was not entitled 100% of the commissions which were the result of collaborative work with Plaintiff. 43. Defendant unjustly benefitted in the amount of at least $10,322 through his aforementioned intentional omissions and concealed breaches of the Oral Agreement with the Plaintiff. WHEREFORE, the Plaintiff demands 1) judgment for a full accounting to be provided by the Defendant to the Plaintiff, for all the commissions received by the Defendant on account of business written for those clients which the Plaintiff and Defendant jointly collaborated, as well as 11 derivative or referral business from the relatives or corporate affiliates of said client; 2) judgment in the minimum amount of at least $10,322 from the Defendant, or such other amount as a full accounting will show to be due and owing to the Plaintiff, plus pre-judgment interest at 6% per annum; 3) a court order directing the Defendant to pay the proper commission splits arising after the date this suit was filed, plus costs of suit; and 4) any such other relief, including any allowable attorneys' fees, deemed just or appropriate by the Court. Respectfully submitted, STROKOFF 8v COWDEN, P.C. ,.-- r By: ?.J- -Y? - Elli A. trokoff, Esq. 0.D. No. 16677 Jennifer Nachamkin, Esq. I.D. No. 200931 DATE: 12/30/ 11 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 12 a ProduC@CrS Stat@111@Clt Must be signed by the Soliciting Producer for all cases. Attach a cover memo if further details are required. Oo. Section A - Case Information: If you answer "Yes" try, complete supplemental forms specified. l 1. Risk classification presented to client 2. Do you want an offer if the case is approved other than as >0 Yes ? No of the following questions, please ?o v1d4 ails wen apgopriat o ?w 7. Is the Life Insurance being applied for in conjunction with the ie r? purchase of a Single Premium Immediate Annuity? ? Yes)A No If "Yes", provide associated Policy Number(s): + C1 .0 AVt 16 3. Is this part of a multi-policy case (i.e. family members, business partners, etc.)? ? YesX No R. Are y re of whether the Proposed Owner or Proposed Insured If "Yes', provide associated Policy Number(s): has arrang , 'scussed arran_gIng, any financing for the purchase of this po i s K No If "Yes", complete Premium Fine ment F7002 4. Is there a Disability or Long Term Care Application being submitted g. Do you have any knowledge or reason to believe the Proposed concurrently with this Application? ? Yes ? No Insured has any present or future intention to sell or assign this If "Yes', provide associated Policy Number(s): policy, or has ever sold or assigned any policy, to a life settlement, viatical or other secondary market provider? ? YesU No 5. Is the policy being applied for a Replacement? ? Yesx No 6. Will dividends from an existing MassMutuai policy be used to pay all or part of the initial premium on this policy? ? Yes` No 10. (For Variable Products Only) Did you deliver a current copy of the If "Yes", complete Service Request Form F5341 nd any a licable supplements? ? Yes ? No Prospectus Effective Date: m/dd/ (from frpnf pQ p s ectus) m YyYY Oo. Section B - Prod r Compensation Information: Please complete the first line on all applications, an ve?aa?tDonal Compensatio rangements when needed. Producer ID # Printed Name Agency #! Qistributor ID Entity Namd/Entity # % 1st Year Commission % Rene I Commissro 3 0 gjh 0 1 V;tqT. Pill. rjG 5v 4 5 6 s 7 % T 7 .4 B t r 7W .1 (For SWL Products Only) Agency Split - If the sale of this policy list % for each tit /e th Total % Total % y, an one agency n will be credited to more Section C - Marketing: Which Sales and Marketing programs were used to support this sale? (select all that app Business Owner ? SpecialCare - Families with Special Needs ? Women's Markets ? Existing Customer ? Multicultural Initiative ? Families i£ Individual Markets EXHIBIT 5) o, s A ? Other I certify to the best of my knowledge, information and belief that (a) The statements made in this Producer Statement are true and accurate. (b) Each question in the Application was asked of the Proposed Insured(s) and Proposed Owner(s) and accurately recorded. (c) I am unaware of any suspicious or unusual activities, including but not limited to Anti-Money Laundering (AML) "red flags" as described in my AML training or other materials, arising out of or in connection with, the sale of this policy. I have reported suspicious activity, if any, to the appropriate individuals in accordance with MassMutual's AML program. (d) The policy applied for is consistent with the financial needs of the Proposed Insured(s) andlor Owner(s). (e) I am unaware of any information that would adversely affect any of the Proposed Insured's eligibility, acceptability or insurability. u3??u9 J Signature of ri rig Producer Soliciting Producer ID # loo. Section D -Agency Name: 1, - f • Phone number: -11 11 i underwriter/case manager needs information or has questions about this case, please contact: tS Email address: u 609 MEMO EXECUTIVE PLANNING GROUP Louis F. Grammes, CLU, CFBS Camp Hill, PA 17011 Telephone: 717-760-5323 Fax: 717-730-9946 To: Mary Beth Spuhler From: Lou Grammes Date: April 1, 2011 Re: Commission Issues Cc: Brenda Hepler Rich Moultrie L dp Aj Ar t. pA h +)AA4. In reply to your memo of March 30, 2011, 1 am in agreement regarding" commissions owed on four of the policies. Policies 15 539 366 and 15 661 484 on Chris Bernlohr were written with 50/50 FYC and renewals and thus are removed from the list. Brenda has given me the FYC and RYC commission percentages, along with the MM Thrift Plan and MM Pension Plan pay credit and annual interest credit percentages. As you realize, this will take some time to calculate since the individual calculations need to be done for each of these items going back to 2001. 1 will review the process with her again today or tomorrow, as her schedule allows, to be sure the spreadsheet calculations will be accurate: I will prepare a spreadsheet, including compounding of interest, and will be sure to itemize each policy, so that you can see each dollar amount specifically. Since we have from the Home Office the MM Pension Plan annual interest credit for the pension amounts-owed ,-I -will-use-the-average-of-their-rates for-the-pas-t 11-years - '. (5.3%) in calculating the compound interest due. Again, this will take some time and I will be away all of next week, but I will have it for you on my return to the office on Monday, April 11. There is a case in progress now on which I intend to add you as a split commission. The medicals are being arranged now and I will be completing the application on my return the week of April 11. The commission on this one case E EXHIBIT B ,I #a ppdD L„ ) April 1, 2011 will more than cover the four cases under discussion and will be easier to track than adding you to several small cases. I will keep you informed as this case proceeds. It is most unfortunate that you could not come to me personally to discuss the additional policies that you had found. Everyone makes mistakes and we'could have resolved em amicably as we did with the Bemlohr case in February. We cannot go back 10 years in time to discover why the commission splits were done the way they were. However, these cases were not stolen from you and there has never been any intention on my part to steal your commissions: They were simply unintentional errors or my misunderstanding of the splits to be done at that time. My goal is to proceed with the facts at hand and to deal fairly with you, as has always been my practice. 'I expect that you will do the same and the threats that amount to slander and defamation of my character will stop now and will never be repeated by you again. We are both anxious to have this situation resolved and as a show of my good faith in this effort, enclosed is m check for $1000 to com gnsate you for your time rP?Parr_hina these policies I will a ac tn touch wit you upon my return to the office the week of April 11. V? • Page 2 Mary Beth Spuhler , Plaintiff vi. Louis F. Grammes, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6475-CIVIL Jury Trial Demanded VERIFICATION I, Mary Beth Spuhler, certify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. kAt& MARY BE SPUHLER DATE: 121---36/// Mary Beth Spuhler, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 11-6475-CIVIL Louis F. Grammes, : Defendant : Jury Trial Demanded CERTIFICATE OF SERVICE c C_ r Z cn? n r cnr- -<D W r1 C7 I I, the undersigned, certify that I have this day served a t? =? >n _W correct copy of the foregoing by first-class mail, postage prepaid, on :- _C1 -C °° D following person(s): Stephen Moniak, Esq. Rhoads 8s Sinon PO Box 1146 Harrisburg, PA 17108 Dated: 12/30/11 By:AVAk ?) - ` / ?enr i er A. Nachamkin CAIAL r tLED-OFFICE HE PROTHONOTARY Stephen Moniak, Esquire PA Supreme Court ID #80035 20 12 JAN 12 PM 1. 11 RHOADS & SINON LLP One South Market Sqr., 12'h Floor P.O. Box 1146 CUMBERLAND COUNTY Harrisburg, PA 17108-1146 PENNSYLVANIA (717) 237-6732 - Telephone (717) 238-8622 -- Facsimile smoniak@rhoads-sinon.com Counsel for Defendant Louis F. Grammes MARY BETH SPUHLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 11-6475 CIVIL TERM LOUIS F. GRAMMES, CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY: Kindly withdraw the Praecipe Listing Defendant's Preliminary Objections for Argument Court on February 24, 2012. After Defendant's Preliminary Objections were filed, Plaintiff filed an Amended Complaint thus rendering the Preliminary Objections moot. Respectfully submitted, Dated: January // , 2012 RHOADS & SINON LLP Bv: ( 5*ephen Moniak PA Supreme Court ID #80035 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Louis F. Grammes 835900.1 CERTIFICATE OF SERVICE I hereby certify that on this / / day of January, 2012, a true and correct copy of a Praecipe was served by means of United States mail, first class, postage prepaid, upon the following: Elliot A. Strokoff, Esquire Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, PA 17108-1903 Counsel for Plaintiff Teresa H. Laughead Stephen Moniak, Esq. Attorney ID No. 80035 Karen A. Salvemini, Esq. Attorney ID No. 307174 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA. 17108-1146 Telephone: (7:17) 233-5731 Facsimile: (717) 238-8623 Email: smoniak@rhoads-sinon.com ksalvc:mini@rhoads-sinon.com Attorneys for Defendant Louis F. Grammes MARY BETH SPUHLER, PLAINTIFF, V. LOUIS F. GRAMMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6475-CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD To: Mary Beth Spuhler c/o Elliot A. Strokoff, Esquire 132 State Street P.O. Box 11903 Harrisburg, PA 17108-1903 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE THEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, RHOADS &-SiNON LLP By: v (/ C-Iiep-hen Momak, Esquire Karen A. Salvemini, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Louis F. Grammes V Stephen Moniak, Esq. Attorney ID No. 80035 Karen A. Salvemini, Esq. Attorney ID No. 307174 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Facsimile: (717) 238-8623 Email: smoniak@rhoads-sinon.com ksalvemini@rhoads-sinon.com Attorneys for Defendant Louis F. Grammes MARY BETH SPUHLER, PLAINTIFF, V. LOUIS F. GRAMMES, DEFENDANT TH PROTHONOTARY 2012 JAN 23 AM 9: 07 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6475-CIVIL JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT Defendant Louis F. Grammes, by his counsel, Rhoads & Sinon LLP, files these preliminarily objections to Plaintiff's Amended Complaint as follows: 1. On or about August 8, 2011, Plaintiff Mary Beth Spuhler ("Plaintiff') filed a Praecipe to Issue Writ of Summons against Defendant Louis F. Grammes ("Defendant") in the Court of Common Pleas of Cumberland County. 2. A Writ of Summons was issued on or about August 16, 2011, with a Complaint subsequently filed against Defendant on or about November 22, 2011. 3. Defendant filed Preliminary Objections to the Complaint on December 12, 2011, and Plaintiff responded by filing an Amended Complaint on January 3, 2012. A true and correct copy of the Amended Complaint is attached hereto as Exhibit "A". 4. According to the Amended Complaint, Plaintiff and Defendant were licensed agents for Massachusetts Mutual Life Insurance Company and its affiliates, including MML Investor Services LLC for which they were registered representatives, and collaborated on selling life insurance and investments to clients. 5. Plaintiffs alleges that a dispute exists between Plaintiff and Defendant regarding certain commissions relating to the sale of life insurance and investments to certain "joint clients" of the parties. Preliminary Objection to Amended Complaint (Agreement for Alternative Dispute Resolution, Pa. R. Civ. P. 1028(a)(6)) 6. Defendant incorporates the foregoing paragraphs as if fully set forth herein. 7. Pa. R. Civ. P. 1028(a)(6) permits parties to raise preliminary objections on the basis of an agreement for alternative dispute resolution. 8. Both Plaintiff and Defendant are registered representatives of MML Investor Services LLC, a registered broker dealer and member of the Financial Industry Regulatory Authority ("FINRA"). A true and correct copy of FINRA's BrokerCheck Report confirming this information is attached hereto as Exhibit "B". 9. FINRA is the largest independent regulator for all securities firms doing business in the United States. 10. Both Plaintiff and Defendant, as representatives of MML Investor Services LLC and as investment advisors, filed the Uniform Application for Securities Industry Registration (commonly referred to as form "U-4") with the National Association of Securities Dealers or "NASD", which in 2007 merged with the New York Stock Exchange's regulation committee to form FINRA. Attached hereto as Exhibit "C" are the U-4's for Plaintiff and Defendant. 2 i 11. Under the U-4, Plaintiff and Defendant agreed as follows: I agree to arbitrate any dispute, claim or controversy that may arise between me and my firm, or a customer, or any other person, that is required to be arbitrated under the rules, constitutions, or by-laws of the organizations with which I register .... 12. The rules of FINRA include the FINRA Code of Arbitration for Industry Disputes. 13. Rule 13200(a) of the FINRA Code of Arbitration for Industry Disputes provides: (a) Generally Except as otherwise provided in the Code, a dispute must be arbitrated under the Code if the dispute arises out of the business activities of a member or an associated person and is between or among: • Members; • Members and Associated Persons; or • Associated Persons. (b) Insurance Activities Disputes arising out of the insurance business activities of a member that is also an insurance company are not required to be arbitrated under the Code. 14. An "associated person" is defined under FINRA to include: "a person associated with a member, as that term is defined in paragraph (r)." 15. Plaintiff and Defendant are associated with MML Investor Services LLC, a FINRA member, and thus are "associated persons" under FINRA. 16. Plaintiff's Amended Complaint alleges a dispute arising out of the "business activities" of Plaintiff and Defendant, and therefore arbitration is required as to these claims under FINRA. 17. Specifically, the allegations that Plaintiff is owed commissions arising from investments such as a "401(k) plan" (115, 6, 8, 18, 25) are subject to arbitration under FINRA. 3 18. Thus, Defendant seeks an Order staying all claims relating to investments so as to permit Plaintiff to proceed to arbitration of those claims under FINRA. 19. As to the remaining claims related to alleged commissions owed for life insurance policies, FINRA provides that "[d]isputes arising out of the insurance business activities of a member that is also an insurance company are not required to be arbitrated under the Code." 20. In the interests of judicial economy, Defendant requests a stay of the remaining claims in this case so as to permit the arbitration of the investments claims to proceed to conclusion under FINRA. WHEREFORE, Defendant Louis F. Grammes respectfully requests that this Honorable Court sustain the Preliminary Objections and stay Plaintiff's claims seeking commissions for investments in favor of arbitration under FINRA, and further stay the remaining non-investment claims pending the conclusion of arbitration. RHOADS & SINON LLP Dated: January 20, 2011 By' '?W ephen oniak, Esquire Karen A. Salvemini, Esquire One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Attorneys for Defendant Louis F. Grammes 4 EXHIBIT A 621413.1 O Flt-ER ?K?NO?ARI' Gr TNEP •08 2Ct2 J???i -3 ?'? tt d AN A jY Elliot A. Strokoff, Esq. Strokoff & Cowden, P.C. 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-535:3 eas@strokoffandcowden.com Mary Beth Spuhler, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6475-CIVIL Louis F. Grammes, Defendant : Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Elliot A. Strokoff, Esq. Strokoff & Cowden, P.C. 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 eas@strokoffandcowden.com Mary Beth Spuhler, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6475-CIVIL Louis F. Grammes, Defendant : Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 1701.3 (717) 249-3166 Elliot A. Strokoff, Esq. Strokoff & Cowden, P.C. 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 eas@strokoffandcowden.com Mary Beth Spuhler, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-6475-CIVIL Louis F. Grammes, :Defendant : Jury Trial Demanded AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Elliot A. Strokoff, Esq. Strokoff & Cowden, P.C. 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 eas@strokoffand.cowden.com Mary Beth Spuhler, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-6475-CIVIL Louis F. Grammes, Defendant : Jury Trial Demanded AMENDED COMPLAINT 1. The Plaintiff, Mary Beth Spuhler, is an adult individual residing at 422 Deerfield Rd., Camp Hill, Cumberland County, PA 17011. 2. The Defendant, Louis F. Grammes, is an adult individual residing at 6105 Stephens Crossing, Mechanicsburg, Cumberland County, PA 17050. .3. At all times material to this Complaint, the Plaintiff and the Defendant were Agents for Massachusetts Mutual Life Insurance Company and its affiliates (hereinafter Mass Mutual) and were transacting business out of the offices situate in Camp Hill, Cumberland County, Pennsylvania. 4. From time to time, in fulfilling their occupation as Agents for Mass Mutual, the Plaintiff and the Defendant would collaborate on solicitations of new clients for Mass Mutual. 5. Since 1982 and at all relevant times, the Plaintiff and the Defendant have had a long standing and ongoing oral agreement that if a collaboration on a solicitation of a new client would result in the issuance of an insurance or annuity contract by Mass Mutual or a contract for a 401(k) plan, they would equally divide the Agent's initial commission and the Agent's renewal commissions for the new client, as well as any derivative or referral business from that new client, including Mass Mutual contracts written for the client's relatives, or affiliated businesses or individuals affiliated with the business client (hereafter Oral Agreement). 6. On or about May 16, 1996, the Plaintiff and Defendant successfully collaborated on writing a contract and 401(k) plan for a new client, N.H.T.B. Co.' for which the Agent's initial commission and renewal commissions were supposed to be divided equally according to the aforementioned Oral Agreement. (Given the confidential nature of the information contained in the 1996 N.H.T.B Investor Account Form it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). To preserve the confidentiality of the clients' identities, only their initials will be used in this Complaint. 2 7. On or about January 23, 2011, the Plaintiff discovered that the Defendant, without the Plaintiff's knowledge, had written in 2006 a life insurance policy for S.F.* (one of the individual principals affiliated with N.H.T.B. Co.), of Mechanicsburg, Pennsylvania (Policy # 11 470 500). (Given the confidential nature of the information contained in the 1/ 27/ 11 Portfolio Audit and Account Review for S.F. it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). 8. S.F.'s policy application directed that Defendant receive 100% of the initial and renewal commissions, contrary to the aforementioned Oral Agreement, thereby depriving the Plaintiff of approximately $3,288 of initial commission on the 2006 life insurance policy and approximately $3,145 in annual renewal commissions for that policy; and an unknown amount for any 401(k) plan commissions derived from that policy through the date of the filing of this suit. (Id.) 9. After the Plaintiff brought this to the Defendant's attention, on January 23, 2011 the Defendant left a message on the Plaintiff's voicemail that his failure to provide for an equal division of the commissions in S.F.'s 2006 life insurance policy contract "was done in error because I do not do that" and that "I will make it up to you." 3 10. Defendant has failed to correct the error and has not paid Plaintiff for her commission in S.F.'s 2006 life insurance policy and annual renewal commissions as he said he would. 11. On or about February 7, 2011, the Plaintiff discovered that the Defendant had written an application on January 19, 2011 for conversion of a term life insurance policy for C.S.B.,* the son of J.A.B., but contrary to their Agreement, the Defendant had executed paperwork directing that Defendant receive 100% commission on said converted policy. (Given the confidential nature of the information contained in the 1 / 19 / 11 Application Part 1 and Producer's-Statement for C.S.B. it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). 12. Because this was the second time in a matter of weeks that Plaintiff discovered that Defendant had executed a document contrary to their Oral Agreement to equally divide commissions, the Plaintiff immediately made and retained a copy of that application. (Id.) 13. After making the aforementioned copy, the Plaintiff immediately went to the Defendant in his office and asked why he had written an application for C.S.B. providing that the Defendant was to receive 100% of the first year commission and 100% of the renewal commissions, to which the Defendant made no comment. 4 14. Within half an hour later on February 7, 2011, the Defendant came to the Plaintiff, told her that she was mistaken and that he had written the policy for C.S.B. to provide equal division of all commissions, showing her a copy of a policy application upon which page 2 was changed to provide for equal division of commissions. (The amended page 2 of the Application for C.S.B. is attached hereto as Exhibit A). 15. Plaintiff then confronted the Defendant with the copy of the original application she had made earlier that day clearly showing that the Defendant had originally written the policy providing that he was to get 100% of all commissions. The Defendant walked out of Plaintiff's office without making any comment. 16. Concerned that the Defendant may have made similar contracts without her knowledge which deprived her of her 50% share of commissions in accordance with their long standing Oral Agreement, the Plaintiff began to search for documentation prepared by the Defendant for S.F. and his relatives and business affiliates. 17. Pursuant to her search Plaintiff discovered that the Defendant had, without Plaintiff's knowledge in 2001 written policy # 11160707, for C.F., S.F.'s wife, for which policy Defendant had directed that 100% of the renewal commissions, be paid to the Defendant, thereby depriving the Plaintiff of half of the renewal commissions to which she was entitled per their Agreement, totaling $1,880.80 through the date of the filing 5 of this suit. (Given the confidential nature of the information contained in C.F.'s 2001 Life Insurance Application it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). 18. In August of 2011, the Plaintiff discovered that the Defendant had in May 2009, without her. knowledge and contrary to their Oral Agreement, executed a document for the 401(k) plan for N.H.T.B. Inc., a business affiliate of S.F., removing the Plaintiff from receiving one-half of the Agent's commission thereon, thereby depriving the Plaintiff of one-half of the Agent's commissions, totaling an as of yet undetermined amount through the date of this suit. (Given the confidential nature of the information contained in the 2009 Investor Account Form for N.H.T.B. Inc. it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). 19. Similarly, Plaintiff began to search for documentation written by the Defendant for other shared clients; among them, J.A.B. and his relatives and business affiliates 20. On or about March 15,1995, the Plaintiff and Defendant had successfully collaborated on writing a life insurance policy for J.A.B and R.B. of York, Pennsylvania, his wife, (policy # 9641657). (Given the confidential nature of the information contained in J.A.B. and R.B's 1995 6 Application Part I it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). 21. Pursuant to her search the Plaintiff discovered that Defendant, contrary to the aforementioned Oral Agreement, had directed that he receive 100% of the first year commission, thereby depriving the Plaintiff of $1,898, representing one-half of the Agent's initial commission on that policy. Lld•) 22. The Defendant concealed from the Plaintiff that he had executed the aforementioned documents providing for payment to him of 100% of commissions, contrary to their Oral Agreement. 23. By memo dated April 1, 2011, from the Defendant to the Plaintiff, he agreed that Plaintiff should have received an equal share of the commissions on the aforementioned policies and contracts, but notwithstanding repeated demands therefore and he has not paid the Claimant for any of those past due commissions. (The April 1, 2011 memo is attached hereto as Exhibit B). 24. The Plaintiff discovered that, without her knowledge and contrary to the Oral Agreement, on January 1, 2009, Defendant rewrote the term life policy # 6 258 668 on C.S.B., the son of J.A.B., to a new term life policy # 32153898 directing 100% of commissions be paid to the Defendant, depriving the Plaintiff of her one-half share of commissions, totaling an as of yet undetermined amount of money. (Given the confidential nature of the 7 information contained in the 1/ 1/09 Portfolio Audit and Account Review for C.S.B. it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). 25. Plaintiff further discovered that without her knowledge and contrary to the Oral Agreement, in 1998 Defendant had executed a document for the 401(k) plan for Y.V.; Inc., a business affiliate of J.A.B., removing the Plaintiff from receiving one-half of the Agent's commission thereon, thereby depriving the Plaintiff of one-half of the Agent's commissions, totaling an as of yet undetermined amount through the date of this suit. (Given the confidential nature of the information contained in the 1998 Investor Account Form for Y.V. Inc. it is not attached hereto, but instead, it is being sent to Defendant contemporaneous with the filing of this Amended Complaint). COUNT I - BREACH OF CONTRACT 26. Plaintiff incorporates by reference all of the allegations set forth in paragraphs 1-25 as if stated in their entirety. 27. Pursuant to the Oral Agreement, when Plaintiff and Defendant collaborated on the solicitation of a new client they were obliged to equally divide the initial commission, the renewal commissions for the shared client and any commissions from derivative or referral business from the shared client., including Mass Mutual contracts written for the client's relatives, or affiliated businesses or individuals affiliated with the business client. 8 28. The Plaintiff and the Defendant successfully collaborated in more than just the aforementioned contracts above. 29. Pursuant to the Oral Agreement Defendant has shared equally in the commissions of new clients, renewal commissions, and commissions from derivative and/or referred business from clients shared with Plaintiff. 30. Defendant did not equally share commissions for the J.A.B. and S.F. client cases referred to above and from the 401(k) contracts pertaining to N.H.T.B. Co., and Y.V. Inc. policies in breach of the Oral Agreement. 31. Defendant's actions breached the Oral Agreement. 32. Despite Plaintiff bringing these matters to Defendant's attention, Defendant failed and refused to pay Plaintiff her share of the commissions owed. 33. Because of the Defendant's unwillingness or inability to be truthful in his responses to the Plaintiff concerning the J.A.B. and S.F. client cases referred to above, and because of Defendant's intentional removing the Plaintiff from receiving commissions from the 401(k) contracts pertaining to N.H.B.T. Co., and Y.V. Inc. as aforementioned, Plaintiff believes, and therefore avers, that there are likely other commissions for clients which the Defendant has unlawfully deprived the Plaintiff of her one-half of the agent's initial and renewal commissions. 9 34. As a result of Defendant's breaches of the Oral Agreement with the Plaintiff, the Defendant has caused the Plaintiff at least $10,322 in lost commissions, plus an undetermined amount of commissions on 401(k) plan contracts, plus an undetermined amount for renewal commissions, and will suffer lost renewal commissions in the future, and has also caused her the loss of the use of those sums from the time she should have been paid those commissions. WHEREFORE, Plaintiff demands judgment against Defendant in an amount to be determined at trial but believed to be at least $10,322, plus pre-judgment interest at 6% per annum, plus a court order directing the Defendant to pay the proper commission splits arising after the date this suit was filed, plus costs of suit and any such other relief deemed just or appropriate by the Court. COUNT II - UNJUST ENRICHMENT (IN THE ALTERNATIVE) 35. Plaintiff incorporates by reference all of the allegations set forth in paragraphs 1-34 as if stated in their entirety. 36. Defendant intentionally omitted and concealed information on shared client renewals, derivative contracts and rewritten plans with the express purpose of receiving 100% of the commissions resulting therefrom. 37. Defendant omitted Plaintiff from the requisite paperwork for the express purpose of retaining Plaintiff's portion of the commission. 10 38. For his own gain Defendant failed and refused to equally share the commissions derived from the J.A.B. and S.F. client cases referred to above. 39. Defendant misrepresented himself on the paperwork submitted for shared client renewals, derivative contracts and rewritten plans in order to receive 100% of the commissions resulting therefrom to the detriment of Plaintiff. 40. Defendant committed fraud in order to enrich himself to the Plaintiff's detriment. 41. Defendant is without justification for his intentional misrepresentations and fraudulent removals or omissions of Plaintiff's name from the paperwork required and which would result in Plaintiff receiving her commissions from the client cases referred to above. 42. Defendant was not entitled 100% of the commissions which were the result of collaborative work with Plaintiff. 43. Defendant unjustly benefitted in the amount of at least $10,322 through his aforementioned intentional omissions and concealed breaches of the Oral Agreement with the Plaintiff. WHEREFORE, the Plaintiff demands 1) judgment for a full accounting to be provided by the Defendant to the Plaintiff, for all the commissions received by the Defendant on account of business written for those clients which the Plaintiff and Defendant jointly collaborated, as well as 11 derivative or referral business from the relatives or corporate affiliates of said client; 2) judgment in the minimum amount of at least $10,322 from the Defendant, or such other amount as a full accounting will show to be due and owing to the Plaintiff, plus pre-judgment interest at 6% per annum; 3) a court order directing the Defendant to pay the proper commission splits arising after the date this suit was filed, plus costs of suit; and 4) any such other relief, including any allowable attorneys' fees, deemed just or appropriate by the Court. Respectfully submitted, STROKOFF & COWDEN, P.C. By: Elli A. trokoff, Esq. O.D. No. 16677 Jennifer Nachamkin, Esq. I.D. No. 200931 DATE: 12/30/ 11 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 12 N Producer's Statement y Must be signed by the Soliciting Producer for all cases. Attach a cover memo if further details are required. P Section A - Case Information: If you answer "Yes" tany complete supplemental forms specified. 1. Risk classification presented to client 2. Do you want an offer if the case is approved other than as appii X Yes ? No 3. Is this part of a multi-policy case (i.e. family members, business partners, etc.)? ? yes k No If "Yes', provide associated Policy Number(s): of the following questions, please Ir vide *ails wen ap?opriat o 1PV W_. 'r 1vat 7. Is the Life Insurance being applied for in conjunction with the purchase of a Single Premium Immediate Annuity? ? Yes No If "Yes", provide associated Policy Number(s): • vtr is c 1 4. Is there a Disability or Long Term Care Application being submitted concurrently with this Application? ? Yes ? No If "Yes", provide associated Policy Number(s): 5. Is the policy being applied for a Replacement? ? YesA No 6. Will dividends from an existing MassMutual policy be used to pay all or part of the initial premium on this policy? ? Yes'z No If 'Yes", complete Service Request Form F534.1 10- Section B - Compensai 8. key re of whether the Proposed Owner or Proposed Insured has arrange , 'scussed arran ing, any financing for the purchase of this po is . s No If 'Yes", complete Premium Finan ment F7002 9. Do you have any knowledge or reason to believe the Proposed Insured has any present or future intention to sell or assign this policy, or has ever sold or assigned any policy, to a rife settlement, viatica) or other secondary market provider? ? Yes V No 10. (For Variable Products Only) Did you deliver a current copy of the -?fhvspe nd anyj ? iicable supplements? El Yes El No Prospectus Effective Date: mmlddlyyyy (from front-covezaLA s ectus) Compensation Information: Please complete the first line on all applications, an tonal gements when needed. Producer ID # Printed Name 4 Agency #/ Distributor ID Entity Namd/Entity # % 1st Year Commission % Rene I Commissio 69 or P 2 3. 4 5 6 s 7 orb 0 - (For SWL Products Only) Agency Split - If the sale of this policy list % for each will be credited to more than one agencylentity Total % Total % , Section C - Marketing: Which Sales and Marketing programs were used to support this sale? (select all that '9 Business Owner - ? Women's Markets ? Existing Customer ? Other ? SpecialCare - Families with Special Needs ? Multicultural Initiative ? Families & Individual Markets EXHIBIT 44 A I certify to the best of my knowledge, information and belief that (a) The statements made in this Producer Statement are true and accurate. (b) Each question in the Application was asked of the Proposed Insured(s) and Proposed Owner(s) and accurately recorded. (c) I am unaware of any suspicious or unusual activities, including but not limited to Anti-Money Laundering (AML) "red flags' as described in my AML training or other materials, arising out of or in connection with, the sale of this policy. I have reported suspicious activity, if any, to the appropriate individuals in accordance with MassMutual's AML program. (d) The policy applied for is consistent with the financial needs of the Proposed Insured(s) and/or Owner(s). (e) I am unaware of any information that would adversely affect any of the Proposed Insured's eligibility, acceptability or insurability. ry-N ?3?0 4 x ? w ?) ?*M Signature of S ii "ng Producer Soliciting Producer ID # OPP- Section D -Agency Dame: L. . f , - Phone number. _11,11 If t undderwriter/case manager needs information or has questions about this case, please contact: Email address: L L11CU 609 MEMO EXECUTIVE PLANNING GROUP ' Louis F. Grammes, CLU, CFHS =?-Oo EerPefate Eenter Dpivs, Suite 201 Camp Hill, PA 17011 Telephone: 717-760-5323 Fax:717-730-9946 To: Mary Beth Spuhler From: Lou Grammes Date: April 1, 2011 Re: Commission Issues Cc: Brenda Hepler Rich Moultrie L ok.• AJA" t. PA y +PAd- In reply to your memo of March 30, 2011, 1 am in agreement regarding' commissions owed on four of the policies. Policies 15 539 366 and 15 661 484 on Chris Bernlohr were written with 50/50 FYC and renewals and thus are removed from the list. Brenda has given me the FYC and RYC commission percentages, along with the MM Thrift Plan and MM Pension Plan pay credit and annual interest credit percentages. As you realize, this will take some time to calculate since the individual calculations need to be done for each of these items going back to 2001. 1 will review the process with her again today or tomorrow, as her schedule allows, to be sure the spreadsheet calculations will be accurate: will prepare a spreadsheet, including compounding of interest, and will be sure to itemize each policy, so that you can see each dollar amount specifically. Since we have from the Home Office the MM Pension Plan annual interest credit for the pension -am:ounts-owed,-l--witl-use-the-average-of-their-rates for-the-pas-t 11-years-- - (5.3%) in calculating the compound interest due. Again, this will take some time and I will be away all of next week, but I will have it for you on my return to the office on Monday, April 11. There is a case in progress now on which I intend to add you as a split commission. The medicals are being arranged now and I will be completing the application on my return the week of April 11. The commission on this one' case EXHIBIT b a B it Iaod0 April 1, 2C II will more than cover the four cases under discussion and will be easier to track than adding you to several small cases. I will keep you informed as this case proceeds. It is most unfortunate that you could not come to me personally to discuss the additional policies that you had found. Everyone makes mistakes and we could av?e resolved em amicably as we did with the Bernlohr case in February, We cannot go back 10 years in time to discover why the commission splits were done the way they were. However, these cases were not stolen from you and there has never been any intention on my part to steal your commissions: They were simply unintentional errors or my misunderstanding of the splits to be done at that time. My goal is to proceed with the facts at hand and to deal fairly with you, as has ' always been my practice. I expect that you will do the same and the threats that amount to slander and defamation of my character will stop now and will never be repeated by you again. We are both anxious to have this situation resolved and as a show of my good faith in this effort, enclosed ism check for $1000 to compensate you for your time researchina these policies I will be ac c in touch wit you upon my return to the office the week of April 11. V, • Page 2 Z Mary Beth Spuhler, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. NO. 11-6475-CIVIL Louis F. Grammes, Defendant : Jury Trial Demanded VERIFICATION I, Mary Beth Spuhler, certify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. MARY BE SPUHLER DATE: 12 1 -36/1/ Mary Beth Spuhler, Plaintiff v. Louis F. Grammes, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6475-CIVIL Jury Trial Demanded CERTIFICATE OF SERVICE I, the undersigned, certify that I have this day served a true and correct copy of the foregoing by first-class mail, postage prepaid, on the following person(s): Stephen Moniak, Esq. Rhoads & Sinon PO Box 1146 Harrisburg, PA 17108 Dated: 12/30/11 By: en i er A. Nachamkin Will IT B FINRA BrokerCheck Broker Summary Finr MARY B. SPUHLER CRD# 1195301 Currently employed by and registered with the following FINRA Firms: MML INVESTORS SERVICES, LLC 100 CORPORATE CENTER DRIVE SUITE 201 CAMP HILL, PA 17011 CRD# 10409 Registered with this firm since: 4/28/1986 Page 1 of 1 Report Summary for this Broker The report summary provides an overview of the broker's professional background and conduct. The individual broker, a FINRA-registered firm(s), and/or securities regulator(s) have provided the information contained in this report as part of the securities industry's registration and licensing process. The information contained in this report was last updated by the broker, a previous employing brokerage firm, or a securities regulator on 01/10/2012. Broker Qualifications This broker is registered with: . 1 Self-Regulatorv Organization • 11 U.S. states and territories Is this broker currently suspended or inactive with any regulator? No This broker has passed: + 0 Principal/Supervisory Exams + 2 General Industry/Product Exams . 1 State Securities Law Exam Registration and Employment History This broker was previously registered with the following FINRA member firms: MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY CRD# 2682 01/1984 - 01/1988 Disclosure of Customer Disputes, Disciplinary, and Regulatory Events This section includes details regarding disclosure events reported by or about this broker to CRD as part of the securities industry registration and licensing process. Examples of such disclosure events include formal investigations and disciplinary actions initiated by regulators, customer disputes, certain criminal charges and/or convictions, as well as financial disclosures, such as bankruptcies and unpaid judgments or liens. Are there events disclosed about this broker? No Investment Adviser Representative Information Is there information available about this individual in the Investment Adviser Public Disclosure Program? Yes For additional registration and employment history details as reported by the individual broker, refer to the Registration and Employment History section of this report. http://brokerahe k.finra.org/Individual/Individual Summary. aspx?SearchGroup=Individual... 1/20/2012 ' FINRA BrokerCheck Broker Summary Finralr LOUIS F. GRAMMES CRD# 227294 Currently employed by and registered with the following FINRA Firms: MML INVESTORS SERVICES, LLC 100 CORPORATE CENTER DRIVE SUITE 201 CAMP HILL, PA 17011 CRD# 10409 Registered with this firm since: 8/11/1986 Page 1 of 1 Report Summary for this Broker The report summary provides an overview of the broker's professional background and conduct. The individual broker, a FINRA-registered firm(s), and/or securities regulator(s) have provided the information contained in this report as part of the securities industry's registration and licensing process. The information contained in this report was last updated by the broker, a previous employing brokerage firm, or a securities regulator on 01/18/2012. Broker Qualifications This broker is registered with: . 1 Self-Regulatory Organization . 3 U.S. states and territories Is this broker currently suspended or inactive with any regulator? No This broker has passed: . 0 Principal/Supervisory Exams • 1 General Industry/Product Exam . 1 State Securities Law Exam Registration and Employment History This broker was previously registered with the following FINRA member firms: MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY CRD# 2682 01/1982 - 01/1988 Disclosure of Customer Disputes, Disciplinary, and Regulatory Events This section includes details regarding disclosure events reported by or about this broker to CRD as part of the securities industry registration and licensing process. Examples of such disclosure events include formal investigations and disciplinary actions initiated by regulators, customer disputes, certain criminal charges and/or convictions, as well as financial disclosures, such as bankruptcies and unpaid judgments or liens. Are there events disclosed about this broker? No Investment Adviser Representative Information is there information available about this individual in the Investment Adviser Public Disclosure Program? Yes NEW YORK LIFE VARIABLE CONTRACTS CORPORATION CRD# 5167 10/1972 - 06/1979 For additional registration and employment history details as reported by the individual broker, refer to the Registration and Employment History section of this report. http://brokerchec k.finra.org/Individual/lndividualSummary.aspx?SearchGroup=Individual... 1/20/2012 EXHIBIT C UNIFORM APPLICATION FOR SECURITIES INDUSTRY REGISTRATION APPLX:ANT(I , LAST NAME AME PULL MIDDLE OR MA E PJ1. NASAAJNASD CRD RO. Spuhler• ry Beth IS019CIFY *) Fisher OEMPLOYMENTDATEW-30) ( PIRM1,D.N0,101701 "FIRM NAME 9-30-82 1 e) a Massachuse tts Mutual Llfe Insurance Company UFORM MAIN ADDRESS STREET CITY STATE ZIP 1295 State Street S rin field Massachusetts 0111 CJ ORANCH 10 NO. OFFICE OF EMPLOYMENT ADOORSS STREET CITY STATE 21? C11 14 ti n'17 ?f.__-..` n__: r_*--1 nA T W% 11(77 C TO BE REGISTERED FATH THE FOLLOWING: IOEBIGNATE I INITIAL REGISTRATION, 2 TRAN7;PER QI' REDISTRATIONI ? ? ? ? ? ? ? ? ? ASE ACE am 160E CSE WE NASD NYFE NYSE PHLX E 0370 0375 0300 0000 0400 0410 0360 036E 0020 ONO r ? PSE 0430 ? SEGO 0200 ? OTHERISPECIPY) M146 ? 0 ? ? ? ? ? ? ? ? ? ? ? AL 0160 CA 0400 DC 0630 IQ 0570 XS 0010 MD 0650 MS 0600 NV 0730 NY 0770 OK 0070 SC 0160 UT 6000 WV 0330 ? ? ? ? ? ? ? ? ? ? ? ? ? ? AK 6060 CO 0000 PL 0610 It 0660 KY 0030 MA ONO MO 0700 NH 0740 NC 066 OR 0620 SD ODW VT 0300 437 EXAM 034 REQUEST ? ? ? ? ? CJ ? ? ? ? ? ? ? AZ 4370 CT 0070 CIA "90 IN 0690 LA 0030 MI 0670 MT 0710 NJ 0760 NO 6700 PA 0630 TN 0170 VA 0010 WY 0060 ? ? ? ? ? ?} ? ? ? ? ? ? ? AR 0030 DE 0620 HI 06W IA 0600 ME 0640 MN 0630 NE 0720 NM 6760 OH moo RI 011,60 TX 0630 WA 0320 ?R 0660 !I1 WILL APPLICANT MAINTAIN REGISTRATION WITH ANOTHER 1ROKSR10EAL017 1---17 USE ?N 1f?JtO IF "YES" FILL IN INFORMATION BELOW: &, FIRM I.D. NO. NAME OF PM") (MOM NAME 44 PERSONtSI CONTACTED e TYPE OF APPROOFAL REQUESTED: tCHGCX ALL APPLICAIMA CATDOOR1t6) ? AGENT Of 33UER 1030 ? ALLIED MEMBER 1220 ? APPROVEO PERSON IEXCHANGtf 1160 ? BRANCH OFF KVA MANAGER 1120 ? DIRECT PARTICIPATION PROGRAMS PRINCIPAL )210 ? EPAESENiATIVE TNNV PROGRAMS 1060 FINANC AL AND OPERATIONS PR1kCIP?L tJbO ? FULL AEGISTHATIONIG ENERAL SECURITIES REPRESENTATIVE 7/10 ? GENERAL SECURITIES PRINCIPAL t7M INVEBTMENTCOM?ANY AND VARIABLE CONTRACTS PRODUCTS PRINCIPAL 1270 INVESTMENT COMPANY AND VARIABLE CONTRACTS PRODUCTS AEPRESENTATIVE I??I MANAGER OFFICE OF SUPERVISORY ?!J JURISDICTION 1740 ? MEMBER (E1ICNA140E) t+s, MUNWIPAL SECURITIE6FINANCIAL AND OPERATIONS PRINCIPAL 1266 0APPLICANTVIKL BE DESIGNATED: IANOMPI ONLY IF APPLIQ"LE1 NIA ? CHIEF IsINANCIAL AND OPERATIONS PRINCIPAL ? SENIOR RREGISTTIRSO OPTIONS PRINCIPAL -129 t310 I HAB APPLIC43R swim PASSED AN tXAMNNATION Sttul GRAW90 A WAIVER OR OtIA1.01E0 FOPI E%BM NETifANYA4E.FICY.PJAWi1CT1031,>fELR#1W1tAr?DRxOFAL00ZAT10N ORCOMMSSIONI iP1p,OMCAT ?MUNICIPAL Sff UR ITIES PRINCIPAL 1266 ? MUNICIPAL SECURITIES REPRESENTATIVE 1060 ? OFFICER IT1TLtt t27/ ?AIPRE ENTATCIVEMODITY 1035 ? REGISTERED OPTIONS PRINCIPAL 7730 ? SOLE PROPRIETOR Iriio ?? 1 (SUPERVISORY ANALYST 1130 OTHER U COMPLIANCE A90,19TEAED OPTIONS PRINCIPAL 1370 AN EXAMINATW O FOR REGISTRATION IN ANY CAPACITY 7.'016 3012 201s solo 7076 3022 2024 206 2436 2432 2034 2033 2016 20,12 20" 20" . 20" 7062 2064 70" G L•r' 7-5-83 ISO ryIetrapu ler? DATE 7-5-83 it W. i AT-6sl"ATQ1IY DATE is F Grav es. CLU it there is an !Jwqrrt to this page, circle, question numbers erne FULL MALa t7"1-.21219 E t , WT NAME FIRST N OD LS?lCtr'I IP NONEI Spuhler Mary Beth Fisher La ADORESS 1o2411 STREET CITY STATE 912 Mt Airy Road Lewisberry PA e DATE OF 91RTH IC"Qf PLACE OF IIIATH t02o01 . id HEIGHT 1031n WEIGHT X03121 HAIR COLOR lO7hs10-14-51 Philadelphia, PA 5'S" 128 Brown tOENTIPYING MA 9KS 103161 ALIAS (SPECIFY 10 NONE) I0.10oh QUIF MARRIED. FULL NAMEOF SPOUSE 1032tr mAIosN NAME of SPOUSE 103221 Ronald Edward Spuhler $ FATHER'S FULL MME 103101 MO *8 FULL NAME 9W= John Winfield Fisher Miriam Rudolph Fisher s Please fill in for each Educational' Institution attended with rorrrphea address fStreet. City, State, NAME AN0AOORESSOFINSTITUTIO 111XCLV02 E1.11MENTARrsCNOOLI ,p 4 . 1?1 COURSE ADdn#w bpr2.ng=3-ej-a, ra iywuw "me: Harrisburtt Area Comorr?. College 09 74 06 75 Acctg. both no NAME: 17334 1031]1 L^OLI F a IaD7 t?110 1;06 NAME: hf1I1 - ----' LItR RACH ?0a1"'ION FOR THE PAST TEN YEARS, STARTING WITH CunpogNTPOSrTION. INCLUDE SELF4EMPLDVMEKT, UNEMPLOYMENT. PART-T" AND ALL MILITARY SERVICE. NAM6 AND CON PLETE ADDRESS OF EMPLOYER: lwwiwpvEAA rpNT+i?raAS r T R ros ma"HELD REAM* PW LEAVING NA"E:Mass. Mutual Life Insurance Co. 9 2 pre en ul life underwrit 16ot ADDRESY: Box 1559, Harrisburg, PA 1710 1602 NAME: Connecticut Mutual 9 4 9 2 art secretary 1 t I= ADDnm: P . 0. Box 285, Lemo e, PA 17043 Amp oyment Moe NAME: reviousl unemplo ed 1506 ADORE7LS lace NAME: 1607 ADDRESS: I" NAME: 7501 ADOREW, t61o ® ARE YOU CUARENTLY ENGAGED IN ANY OTHER /USINESS EITHER Aa PROPRIETOR, PARTNER, OFFICER. DIRECTOR,701=51. EMPLOYEE, AGENT OR OTHERWIN? moot YES a NO ] Y J IF YES, EXPLAIN: GW 4aRlf?7honwoddnrsres for the plat ten Veen (oNler than ewrMtOdOlO r! ff m*PW rY aontkwr on w#wow a+wc AOOREt16: STREET CITY srATa zlr ,?,,,y01 Te "AA 17UH -Hill 21 Rockaway Drive Camp a 3 73 11 79 825 Casanova Ave ttarey, tam labs low I authorize and request arty and all of my former employers and env other person to fumWh to the agency, juahearethon or orgertanton worn wn1cR rnrs s Wiatlor is being filed, or any agent acting on its behalf, any information they may have concerning my credit worthinae, character, ability, business activities, Educational background, general reputation, together with, in the can of fotmw enployers,a hew y of my employment by them and ter rsaons for the tamtnatwn thereof. Moreover, I hareby refeasa each Such employer and sech well other Derwn from any OW all llebflity of rrhetavw nature by reason of famishing such informations to the agency. Jurisdiction or organization or any agent acting on its behalf. Further, l recognize that i may be the wbjva of on investigative consumer report ordered by the agency, juriupetioe, or osganfzation with which this appiE ceticn is teing filed, and that 1 have the right to request complete and accurate disclosure by such agency, jurMEGetiom or otganimion of the nature end scope of the investigation requested. Mary Beth Spuhler 7-5-83 NAME OF MPLCAN7 *ArNT OR TYPES SIG TA« URE OF WANT NAaAAMAt o cRO NO ? - 7-5-83 Louis F. Grammes, CLU NAME OF A-?RO"IATE a1GNATQAV tPArNT 001 T1091 JV?GN"A 141 .OF Ill -40P TE SIGNATOIIT DA TEN YEAS"MIT DOES NOT APPLY TO OUESTIONS 27 THRgW 29. Have you eve yes No A. been the subject of a major complaint or legal proceeding? . E] 1 ] 1 ,:x 2720 B. boon discharged, or requested or permitted to resign for cause?.. 2730 been to used coverage under a fidelity or surety bond. or has any surety company paid out any funds on your Coverage or C . cancelled such coverage ? 2735 D, had a I cense, permit, certificati. registration or membership denied, suspended, revoked or restricted, or had an applwation 2550 withdreovn for cause?.. E. been tha subject of any order, judgement, decree or other sanction of a foreign court, foreign exchange, or foreign governmental ? 2580 or regulatory agency? ..... ........... .......... .......... .. .. .. ... X F, been arrested or Indicted for any felony or misdemeanor involving the purchase, sale or delivery of any security or commodity, or an ig out of the conduct of the'business of a broker, dealer. municipal securities dealer, fiduciary, Investment corenperhy, underwriter, bank, trust company, insurance company or other financial institution, or Involving any aims investment advisor , in which violence or threats of violence against any person, dishonesty, wrongful taking of any property, or any manner of fraud was a factor, or involving conspiracy to commit any of the foregoing? .... ...... ..... ...... ... 2830 G. been cc evicted, or pleaded guilty or nob contenders to any felony or misdemeanor except minor traffic offenses? ........ 2670 H. been a principal or employee of any firm, corporation or association which, while you were associated with it, was convicted of. or pleased guilty or nolo eontenden to, any felony or misdemeanor? ................... ... .. 2890 1. or has any firm, corporation or association of which you have been a principal or officer failed in business, made a compromise with creditors, filed a bankruptcy petition or been declared bankrupt? ............................................ 2790 ® While associated in any capacity in the securities, cornsnoci ties, investment advisory. red estate, banking or insurance Indow or ..?_. 6 yes 1 No A. boon f 3und by the Securities and Exchange Canmission or In any jurisdiction to have willfulty made or muted to be inside any statement which was, at the time and In the light of the drernistastoes under which it was made, false or misladai3witll raaPacs to ants material fact, or omitted to state any material fees, which was required to be stated, in any appiiculao for registration or repart required to be fllsth under tits Federal securities laws or under the securities low of sow jurisdiction, or in any pso- eeding before the Securities and EadwW Commission or any jurisdiction relating to securities, the conduct of bush" or registration as a broker, dealer, municipal secur ms dealer, or investment advisor or associated peraan thesecif? ......... 2880 13. willfu ly made or caused to be made any statement which was. at the time and in the light of the circumatwlces under which it wat made, false or misleading with -respect to any n e, rise fact, ew omitted ro state any sneurial fact which suss nquised to # safe-rsglalatory or to become associated with a mem6 of i i ion in i f hi e l e b , , p or pi rt t c h or m ers icat on m to be stated. in any app organ nation, in any report requwad to be filed with a self-rowletory organisation, or in any proceeding before a sdf.regutatom organ nation? ... .. ...... ..... ...... ....... ..... .... ....... 21.g0 C. had any temporary or permanent iNLnttion or administrative order entered against you or any broker, dealer, imRStmaas advisor municipal securities dealer. bevk or commodities firm with which you wen associated in any CepeCitY at the tints such i 2900 on war entered? injunct 0. been associated In any capacity with any broker, dealer, municipal securities dealer. brvenment advisor or onrnmodity firm J which was suspended, expelled or had its registration denied or revoked by any agency, Jurisdiction or organization? ....... g 2620 E. been round to be the cause of any action cited in 2707 . ,, a • •e • 2910 ist Ot a w aceirl"M sacciat as an officer, a ractar. a genera partner. or an owner f 10 perce tuna or whore of the perso`+ who. directly or indirectly. through agreement or otherwise, exerebhsd or had power to exercise a coetroiling infais nce over he management or policies of a broker, dealer or municipal securities dealer which had been adjudic , bankrupt or for which a trustee has been appointed pursuent to the Securities investor Protection Act of 19707.. 2760 ® Are you urrently; vs w A. the sibjset of any unsatisfied judgements or Ilona?.. 2740 8. associated in any erda rmt notated dk*Wy at MNRrecdy as busirea or fiananeial activities with way par""" .nAn.s+rrs knout ter in the exercise of reasonable care should Isaow. sobs hublact to o statutory disqualification? . C. the subject of sow kweadifirtion or arc-w no. or have vow ever been the subject of dLeipfine of forsf have *kW, abetted. cousiv d, comenanded, induced or pry the violosion of any hew, rude or raga comixenlet or banking ageney or jurisdiction. any rational securities exchange, regisand srcurMe sgsn_tr or by any other agency or jurisdiction? y ....... 1 Mary Beth Sputller NAME OF APPL CANT rrrrrNT ON TVPaf 7-5-83 ehGNATUFIE Oa LWAMT tT OA7E NAdAAMM CRO NO Louis F. Grammes, CLU NAME OF A?MOPneATE arONATORV 0001107 On Trset f111 zo 7-5-83 ErGN11 E OF TIROPMATT 01ONAT01411 ?r DATE ATTACH i PASSPORT SIZE AND GUALiTY PHOTO Mary Beth Spuhler APPLICANT'S NAME Itype M pant} 1. 1 hereby certify that i hove read old undwstand the foregoing statertte n and teat my responses we true and complete to the best of my knowiedso. 2. 1 hereby apply for registration with the Organizations sod states inditstad in flumioo 8 end. in considwStion of such Orramzetionns and states fecsiring and ide-wig my application. I submit myself to the jurisdiction of such states and Organization end hereby certify that 1 how read, understand and agree to abide by, corripty with, and adhere t0 a" the provisions, conditions and covenants of the statures, constitutions, certificates of incorporation. bylaws and rules and regulations of thf sates end ongnsizations as they we and nay be adopted. cherived or emended from time to tirtte, wd I ores w comply wit t, be subject to and abide by all such requirements and alf rulings, orders, directives and decisions of, and penalties. prohibitions and Limi- tations imposed by such states and opWizstions. object to right of appeal as provided by law; and I agree that any derision of rich states and organ- izetions as t s the results of any examinationfs) that I aley be required to pass wiff be accepted by rite as final. 3. 1 further agree that neither the states or organizations not their officers, employees, and others acting on their behaif shall be liable to ma for action taken or omitted to be taken in official capacity or in the scope of employment, except as otherwise provided in the statutes, constitutions, certificates of incorporation, by-laws or the rules and regulations of such states and organizations. 4. 1 suthwize the state and organizations t0 make available to env employer or Prospective employer, or to any federal. state or municipal agency, or any securities or commodities industry self.ragufawry Organisation any information they may have concerning me; and 1 release the states and organisations, their ampio lees and wants, from env and all iiebility of whatever nature by reason of furnishing such information. 5. 1 pars to arbitrate any dispute, claim or controversy that may grim between me and my firm, ora customer, or any other parson, that is required to be arbitrated under the rules. eonstitutlo ns. or bttdaws of the organizations with which I register, as indicated in Question 8. 6. 1, the unde-signed, for the purpose of complying with the ism of the State(sl 1 have designated in item 8 relating to either the registration or sale of securities tr commodities. hereby irrevocably appoint the administrator, of each of those steals). or such other persondesignaad by law, and the um- canon in such office, my attorney in said Stowfsl upon whom Amy be served any notice. process of ploodfng in tiny action or proceadit against nine wising out 3f at in connection with the offer or sale of securities or commodities, or out of the violation or anagod violation of the eforrossid laws of said Steals) and t do hereby consent that any such action or proeadi l; srfiinst no may be commenced in any Court of competent jurisdiction and proper va im with n said State(s) by service of process upon old appointee with the somas effect as If I was a resident inlaid Stn and had lawfully been served with process in said Steals). It is requested that a copy of any notice. process or pleading served hereunder be nailed to err at my residence. o :(3 we A V"TNass MUST el: ONE OF 440% O PARTNER OF THE FIRM 0 OFFICER OF THE CORPORATION 010 1 PLEASE CHECK APPROPRIATE aOX. A BRANCH OFFICE MAkAGIR 0 AUTHORIZED EMPLOYEE OFATE NASAA ?NASD CRO NO COUNTY1 43 ET%Tt Of SUNSCR1DEDANDSWORN BEFORE ME THIS DAY pf???G?^C[? zl'rv LtC MY COMMISSION EXPIRES 3s-- / - ` COUNTY OF +G?' #TATE Of To the best o t my krwwledpa and W iat, the "m.tt is currently bonded whse required, snd of the time of opprowl, will bed familiar with the statu"(si. constitution(j11, rules and bylaws of the panty, junsdction Orsnelf-rsgulAory orgenlation with which this application Is boiny tiled, and the roes governing registered persons. and will be fully qualified for the position for which application is being made herein. I Woo that, nowMfer arldirili the approval of such agency. 1whe fiction or orgotrQution which hereby to requested. i will not employ the applicant in the capacity sated hw*n without first recalvinne the approval of a Ty authority which may be required by law. This firm has communicated with all the previous employers of the applicant during the past throe veers. es rat forth below: EMPLOYER POSITION Of NAME OF PERSON CONTACTED PERSON CONTACTED EMPLOYED FROM To ++o19M+ITwcttO Gonnecticut MUtUal Marie !C- McVay Offi cip ManagpT 9-79 9-R2 - In addition, I have taken appropriate steps to venfy the statammts con- tained in this eopiiestion and to inquire into the past record and reputs- fron of the eppliam. Please Da Not Write in This area 9-12-&3 Clifford J. Howard DATE PRINT NAME Of APPROPRIATE SIGNATORY Reg. Principal Irv Pw.r,. I I A 11A I • i.??wiee?eearilr FORM U-4 `I UNIFORM APPL N FOR SECURITIES INDUSTRY REG)S !ON OR TRANSFER g N that* is an+'?11snt to this paye, campsite only Items 1, 2.3. t a s being amended. (( ?LAST NAME JRJSA.. etc: FIRST NAME MIDDLE NAME IS?eer?Y it riOiVU f CAP 'CANT F I ?S uhler Mary Beth F. SOC -EC 0 • W"W". 10409 (j) FIRM NAME (00 not include this employment under item 1Q, page 2) Naffs i ©FIRM MA N ADDRESS STREET CITY STATE kip 1295 STATE STREET SPRINGFIELD MA 01111 BRANCH I.D. a 0FF1CE OF EMPLOYMENT ADDRESS STREET CITY STATE ZIP 0=7 11295 State St. Springfield MA 01111 4W,11 applicant maintain registration with another Broker Dealer not under common ownership or control with the firm named In Item) above ] Q Vee?No? tlf ••Yes' • list in item 191 It "Yet tas'nave the f+rml0i been contacted" _ Yet No O Wi11 applicant maintain multiple reQistratione with Broker Deniers under common ownership or control with the firm named In Item 4 above] Yea No If •Yes" "dt in Information below: Form CAD ar8 Name of Fain MAS%4jj?=EM LIFE INS Q0 Firm CAD a Name of Firm Firm CAD s Name of Firm TO BE F EGISTERED WITH THE FOLLOWING a Cl F? i IASO NFA NYSE P AL AR AI AA CA CO CT OE DC FL GA Ht 10 c a 110 0 C] C7 L7 a M 0 C7 D M C? 0 7 7 D 7 El ? a i J C7 Q NM 0 NY El C fl M Q 7 7 ED I D C PA, C Os TVPE OF E X AM IN AT I DN- A E G IS TA AT I ON R E O U E 5 T E 0 I check all appl.cabiecategories- ? 5.3 ICR) Commodity Futures 0 S 16 ISAI Supervisory Analyst a S 4 tOF1 Registered Option Princ.pai © amt RlprMengtwe ? S 5 t10) Interest Rate Options D S 24 IGPI General Securities Principal irCf S 5 IR Investment Company and Z-attle Contract" Pioducts El S 26 LIP) invaRmtnt Company and Variable Contracts Products Representative Principal Q S 7 tG3? Putt ReQrstrauon,Generel Se R i i S 27 tFNI Financial and Operstions P it epresentaUW curit es es nncibal 5.8 (SUI General Securities Soles Supervisor S 39 DPI Direct Participation Programs Principal El S•8 (Bill) El ranch Ott /Cs Manager (NYSE) S Al LAM, Allied Member S 15 (FC) Foreign Currency Options S-42(OR) Options Representative I S 52 IMRI MunicipalSeevrities Representative t S 53 IMPI Municipal Securities Principal S-54 iFM) Municipal Securities Finerteiel and Operations Principal + D S-62 ICS) Corporate SeeuritissFlepresentative 1 S•63 tAG) Agent j i Memoar 6.C.. nQe `r 5-(c?3 ® Other ,S.-22_ i?wwi i i. ? w' APPLICANT'S CURRENT ADDRESS. ETREET City STATE 2M 1 i FIRMSSI APPLICANT 15 TRANSFERRING FROM TERMINATION OATS IM9,10sylYr r i CHECK, F THIS NJ IS BEING FILED TO MAKE PERMANENT A TEMPORARY REGISTRATION !MATE The eppropriat? signatory area DOES NOT have to be completed VAOLESS this page Is being tnamdted as an amendment, ` MON`lm DAY YEAR Si ATV OF APPROPRIATE SI ATORY ) TYPE OR PRINT NAME OF APPROPRIATE SIGNATORY jCRD USE ONLY Rev Form U i Page 1 FORM U-4 UNIFORM APPLIC?11 FOR SECURITIES INDUSTRY REGISTOON OR TRANSFER if there is an ame t to this page, complete only Items 13, 14 and th being amendad. 10409 Is CIAL 5t1L;VRrTr a IAPPLII iCRG A NFA a =46"01 an gOLIM • GIVE ALL ADDRESSES FOR THE PAST FIVE YEARS, STARTING WITH CURRENT ADDRESS. STREET CITY STATE 21P /rlPr na.r+ •?++ rP rPr.« •?.• 912 Mt. Air Rd. Lewisberr PA 1 17 '114 Il l 7 9 1 PAESENT i ACCOUNT FOR ALL TIME FOR THE PAST TEN YEARS. Grua 311 employment experience starting with your previous employer and working beck ten years. Include full and part-time work, self•eTplovrneny rrnlawy seance, unemployment and tutl•ttnlt education. fit this page is bung flied as part of a t:- en .....,,.w -- ......... ..?.. .. , .....w I - 1 I t i t t ro.?.« •a+« rR+•« •r.+ POSITION HELD I NAME a ns I e 1 CITY Tring a STATE - NAME Connecticut d24 Secretary ; City 1 mo ne - STATE NAME Stud t..••. Student CITY Camp Hill STATE NAME I 1 CITY STATE NAME CITY STATE NAME i CITY STATE NOME i CITY STATE NAME CITY STATE NAME CITY r STATE 1 NAME i CITY STATE NAME F ' CITY STATE 'NAME ] } CITY STATE ` } I? Are you Curren•ly engaged in any other business Ina shown above) either at a orovriator, partner, oNrcer, director, trustee, employee, agent or otherwise7 1 DYES aNO. It "YES", please explain below. ! The appropriate s gnstory area DOES NOT have to be Completed UNLESS th.S page rs being subm tied at an amendment. MONTH DAY YEAS SIGNATURE: Of APPAOPAIATE SIGNATORY 1 TYPE OR PAINT NAME OF APPROPRIATE SIGNATORY , CRD USE ON: v Rav. Form U 4 4/9:• - Pala 2 0 FORM U4 UNIFORM APPLICATION FOR SECURITIES INDUSTRY REGISTRATION OR TRANSFER It mere d an amendment to this Page, complete Only item 21 and trims balm amended W ban convicted Of or plead gully or polo conteridera ("no contest") to: Y N 22A ES ND ; ew V , III a to-ony or misdemeanor involving: investments or on investment-related bosinlra. fraud. false statements at om,si.ons. Wrongful taking of ptOpgly, or f0?gery, counterfeiting or extortion? .......................... ......... . .. . ....... ? bribery (""? Ir ?{ t 1 , 121somblens? ..... .......................................................,....... uy 2 1 131 any other lteonts 9. Have, V3u. Or an organrlation over which you exercised management or policy control, ever been charged troth any felsny or ' ? Vu a Charted with a mnigdemaenW specified in Question Att) a 1121 C. Has any curt ever. ou in connection with any ,nvestmtnt-related activity? ... • .......... ........... ....... o aaed 11) on 8 ! _ t y l, • . ... .. . ............ (2) fOUr+d that ant wire mrOrwd in a v+otation of invertment-related etatutes w totrOtls _ D Mes the US. Sowrdies and Exchange Commission or the Commodity Futwts Trading Commission over. i (t l found you to Arta toads a false statement or onttesion? ...................... ............... H ? (21 found YtW t0 have been mvOived in • viOlaUOn of irivestment-routed regulations or statatesl' ... ...... ..... .. . a III) found you to have ban a cause of an envottment-rooted butw4m havmt its authorization to do business denied, suspended. w? • • • . , g _ revo led, of lestile t lot enM•ed an order domp-rit .. sataend "It or revoking your registration on disciplined you by restricts your activities? . . 10 I E. Was any other Feotia. regaistaty agency at any hest regulatory agency evar: . ou to have made a false statement or omission or been dishonest, unlnr or unethical? i (1) found j 11 k . . . . ` y (21 found you to have been "valved in a violaton of investment reg Balk s or slolutest . . . . . . . . . 12 (3) found you to have been a cause of an investment-related business having its authorisation to do business denied, suspended. r trict d? d H E t3 . revoke . or es e (4)enst-ad an order against you in coonectron with investment-Woted actively? .. ... ... • • • • • • . • • . . • . • . • • w . • 104 inveehrlenl. , 151 dorm id. sumended. Or revoked you/ registration at license or otherwise prove led you from orrocmating with on T . totaled business, or disciplined you by resiricung your activities? . ...... . : I: 161 revotoo or eu vow twensr as an attorney. accountant or federal contraetor> F. Has env so -ngutatOry atganaatlon or commuliki.rte lxehartge It i found you to haw made, a false statement or omission? ....................................... . . . 1? , 121 found Vohs to here been involved in t violation of ,is rules? ............. to (31 found you to hew been the cause of an investment-rooted business having its authorisation to do busmen denied, ovum dol. Q 19 revoked at restricted ..... .. ............. .. . .... ............ 14)dksce3uMd you by expefle or suspending you from membership, barring or suspending your olsocatton with its members, O ?0 or fell. YOY? aCtwitres 0. Has ono foreign government. court, reg.,latoty oprCV, at excrAmW ever entered an ardor oD/+ntt you reused to Inwetminte or ? 21 frauds _ . . M. Heve YOa aver beentlw 5ibleci o1 en imrsstmant•talaleo, cortNrtMraneiiated OOrrlplaiM Of prOCatleng Ileac: or wrongful taking of property? .. , ... ........... fraud f S10A00 or more m e 1 ,,,y ?'' j 2= 1 , , ag s o allow compensatory da (1 121 was haitled or eded meet you fa 55M or more, or found fraud or the wrongful tattling of 7 ......... Rt J 1 23 1 1. At* you now the sit%*" of any complaint i/iwstigalton, or prOCMding tint could raw" in a 'foes" oMrrer to wince A-M of this ? ,.., 2- Items J. Has a bon0i company damn, paid out on. at revoked a bond for You? • • • . • .. . . . . . . . . . • . . 25 ... K, Do You taw eNpatated rAwelonitti or i1WA You? , . 28 1 or more Of the Watities of, piled in L Have Yoe ore arm that you eeerered rnarnagtmert or policy Control ovw, of owned 1 G 2- bYS,nOU maa a cgrriptorr.se with creditors, toed a bor,krue7iCy o" pbn w ban. declared bankrupt) .. .... ............ , M, Has a 0 -it-r or dealer farm that you exacsed management or policy eon1r01 over, or owned 10% w mart Of the soeuwati; of. been declared bankrupt, hod a eruna appointod under Our Securities Inventor potation Act, or had a direct paynwris 0 P caelote ? 931 25 inkiabdl W. Nave yes bent disekarged orin v and to resign because you wart caused Of: (11 Yielarog asraMlent-naiad statutes. rsgkdtlionf, tufes. or ridusttY saradMds of e0rduet? ........ . ......... • ... 9 25 ,r (2) Reap et tin wrongbl taking of prooertyli ............. ........... . .. .... i Wfadure to wptnvMa its cpsneclron with invletrltnt gestated elatuses, regulations. rules or wduetry, standards of conduct? . .... t.. J 31 apoheant o "d aporop?wte sgnwory area DOES NOT hove to be completed t' The 1 UNLESS 10115 sage is being submitted as an alranonlent. MONTH OAT YEAR SIGNATURE Of APPLICANT 1 TYPE eSA PA/0 NAM Of • LICANT MONTH DAY YEAR SIGNATURE Of APPROPRIATE SIGNATORY 4vss ors sia.i.eT r¦uc tee s¦¦onern¦ts erc,NA10AY !CRO USE ONLY Re+ Form U-a 4/55 Pegg 3 i , 1 a Charged - Accused of a CrirM in a formal co-ripiitnt, information, or indictment. t Inrgtme-a of Ineeatroml-Raltled - Pertaining to securities, commodilms, banking, wwranoe, or reel estate (mChtding, but not sleeted to Ming a or ' i being &eS*Ciesod with o bteA er4esler, rnvettment COl I ny. investment adviser, fututee aponsor, bank. or swinge and loan essoel"WW, ......»,....... .,.,i.... ru..ww ....alt n. f¦il,nn reuafiabiv to wartime •1?atlNr Ire dokw an st+ eonllelna to the bat! of easy knowUdEe. I Understand that I am subte" to aamerunrntw, civil at Crtminal soorialligs, ale Or erg asTwn. 2 1 hereby soply for ragastratton with the otg IRalaons and Stmt indicatet? to tsnn 10 as may be INnNhdad from terns to time ad, in consideration of such arfienKetions and states Wearerg and COnt,dprng my spoltcatron. t woo",% "vol to the iuredKtron 01 such states arid glrgarNtattonf and hosbv con*v that i apes to abi0eby, cornoly with, and adhere to all ten pf0tI1NO/K, eofditier?s a11d t?dfanMts 0! tM'natutos. oelMitutrerre cenifr cases of rrttoparin on. ay'lowt and rotas and rputaltons of the slates attd as gtrha:inaons gs they era and may be odoosed, changed or a)Nsadod from thane 10 MW and 1 W" to tornply, with, at subject to and abode by 80 such movit~to and all rubW Orden. dwW was and doorstons Of. am penalties, prehibitrons and 1Mntsetrans imposed by such ttcln and erysnevivom, sauelsel to rot of appeal as provided by taw: and I a" that any decision of ouch elates and organitattOm as to the row its of.ony ettenunotsonist thin I they be HOuved to pelf WAI be steppes! by ma is feral. 3 1 further Wff that neither the stores or orpnltataom not thew offtters, anw?dyses. end others sett" on their behalf shelf be liable to me lot action taken of amnted to be taken in Official capacity or an the scoce,CA eMplayrnent. sacept as othorw se provided in the statutes, eotatrtuts"L cptrfr Colts of iRCe"Waitron, byiows or Me tries and rpulations of such Teener end cims"aattons. 4 1 suthortset the gatot and orgennssttpts to mske Waatabhe to env voc"yof or prtfsooo re amplovar, or to any federal, note Of a ninicopwapency. of env satutifiea or commednies industry aN•rputafwy organs»Tqn any wsfornitmovo they show have concerning me. and f relage the Xmas end or. ga"tglerlit, thaw *Malayan and oyems, frown any and a?? liability of ndratehnr nature by reran of furnahrng such rntornation. 5. 1 peso tC Mbitro/a any Oaouns. C1a1fn or catfrorerty that mat arise between me and my firm, m a custorrher. or any other person. Ihin b recruited to be w0ftaated under the owl". corutitvtions, or bylaws of ten orgarluataons with which I Isaw r, as indicated an ham 10 as mar be err?ended from low to tenets. 8. 1. ten onvargtgned, for the ourpm of comply"" with the *04 404 she Statefs) daupnetsd in horn 10 a$ nhay ba amerMed from time to tlltha, teasing to solo of saewltiee at Commodities. Mrativ irrevocably, aeooms the admihis+talor. M ace h of ttmeStatft.f. ce s..Jt oths. pwAontaggievive oy Par. and the successors in wept office, my attorney in said Statelti veOrh whom"be served rut notice. proeast at plead" in any MAD" or prwAsdi g spinet ma orisons out of at m connection with the offer or Isle of vocu?ntes ar Comnsoddift dr an of the violation or 04W vivistiea of the ailorr sold lws of sold 3tnats mod i do hereby tangent that shy, such actoor? at proceeding "pain ow rtgy be commental on any court of eomaet*nt awtadlttW l erW proper dnwa Maio" no Sf WII pysennce of ostlers aeon wd appointee wish the servo effect sort I was a resident in said States and had kwtully, been served with Oration in Mid tatels). tt is requsnad that a copy of eny notice, p?0tess at oleecs" served hereunder be hfaited to me at mfr mwenca" 7 1 suthori2.1 and roe~ any tad so of my! /terms. Wripbyers and any other person to furnish so the "aMty. lurrsdociwon or Organization with which the ApploMan a being tried. Or any t!prn suing On its beheif, any information they may hate concerMng my ere" wmtbrMss. cherstcter. sb"tity. businaga tletiyttnes. OWAKlan badiris pttd, gainers) reputation. together with. to the ease of format tleelOloyvs, a MsaorylN my asr ploynrant by them and tall remm fall it" tefmhstaiien lh1mQ4 Maaemw I hereby release each such emolovor and socr h such other Ost"o pan any and an hsbilary of whstevtr a ssum by reason of fweeehrno we" informs ors to this alKngY, forowei aA to aeWa4lren Of data pant lotting on asbMWl, Forthet. I I., be that ! raw be she subpop of an inwssrga ate cosasaia m report osdws0 by the agsttc F. fatiodunron, or otgorox on with which the spolicr ton is being filed, end as to which I lemby we" any requirement of prior notification, t unde•sterhd thus 4 hove in* right to regveot CON Wale 00 ` accur4to ducbate by *A% agency. jtlrisdicl on or etgantsasionof the nature end scape of the mvestpatron rpuested 8. 1 arwavitartl Mid cwwv ON the rgsara rimovas homm soon to all Wel Nets with whom i Is* registration w shown In Items 4 end 9 of this farts. I surge to noddle Fore U•4 by coustrtg an rnandmient Ta ba bled on a t~y pass whenvow changes occur w answers OWAOvahr reported on the span. Further, i represent shot to the eese"t any Ins tMnenderr, such Mtwffwtwn is eur?entfy accurate are! tashtpleta• 9. ?t t cave become t rnporartly tegieserad es an spent. i witnewsoap that this apepitceicin fa regtetresio, with the aase(ol andfa oWassaionis) Indicofad iA hors 10 4 s OWM and dStrnal hang any lonviererv registration Nraedy obretned with the staaslsl "low orpnwasion(s). 1 further understand lost under the lewls) of tfte uatetsl Midlor the regulationist at tees oryanrrethonis). rrw rogrwa turn mw be denied. vuloanded w teTwied 3 - 31 - 86 Month Day yw S1GNA RE CW al"LICANT Mary Beth F. Spuhler To the best Of I011 knevafNW Ord Wise - the 11POW&M n curve" boasded where mQuoild, and, at tau Tinny W approoo, will to fanU1#or tMtn the tea. tuttttl. totMtM»henltl, rules WW by-taws of the Spencer. Wrrf'dtcthon Or stet•raguq" orpmsasion wnh which this spill catwn is be" filed, sad ten two ftevernilrg 4 *$wood ee?' " . OW will be fully aavalrfred for the position; for which poplKalsort is being made herein 1 abut that, "atom thes a dtog ten 400MIl td %A agency. jurd6cthen v erpsgstaaaa? which hereby it "quirvted. i wan not oralpioY the applicant to thecapecny sw.slananM+ni,oaa 0- lot oWhom ibs opo A, al of WW atid?orittr which telly In required by tam. This firm no cot"Waork arw wish au of the w?plwwtt's Previous enwfgvus tow ten pen rArr meet f f" verv t?? c!lm 7twitega IWPLdvan Post rta•tof NAME of Otago" Cp.TACTEO OtnsoNto"TACTEO a.htaovio tttoar TO .e ..ce,•.t' r Mass Kjaml We Ins Rose M. Fox Ades ? 10a es;ent x IN ADDITION, I HAVE TAKEN APPROPRIATE STEPS TO VERIFY THE ITEMS AND ATTACMMENT3 CONTAINED IN THIS APPLICATION Tr4e A?PRO> AIATE SfGNATORY AREA 4fU/S7'R COMPLbTED ON ALL CRD USE ONLY INITIAL, 1RAft$,atE?R OR AMENDMENT PILINGS MON714 DAY YEAR SIGMATVA9 Or appolOPRIATI SIGNATORY D({,;AI ARarera T Y/E On a"T "al"t O. T S1WhMTCIAY Rev Form U•4 419S 0 FORM U-4 • 0 UNIFORM APPLICATION FOR SECURITIES INOUSTRY REGISTRATION OR TRANSFER UNIFORM APPLICAILON FOR SECURITIES INDUSTIMREQISTRATION - ;, ?1FPlfCANT f C NMME (01001 I LAST NAME F - AME iULI MIOOI! OR MA1 DEI ISPECIF Y IF NONE) RWE P.A. . pf NASAAfNASOCRN0 N0. Graf ,rLes _ioui:; Frank EMPLOYMENT DATE (011301 FIRM LD NO )1701 FIRM NAME 4 1 _1_ U2bt52 1•.assachuseits - Mutual Life _ Insurance Compan y FIRM MAtN ADDRESS STREET CITY STATE 21P 129C r Sp rTnpfi eld Nas ,achusetts 01111 ORA'.CN 10 NO OFFICE OF EMPLOYMENT ADDRESS STREET CITY STATE ZV 013 ='uflor LL.!a 1j; By}.ass :011559 harrisburg Pen nsylvania 17105 • TO BE REGISTERED WITH THE F LLOWING mEStr•NATF I INITIAL 14GIST RATIIOON2 TRANSI E R OF NECIISf1(ArIONI ? ` ? O 0 ? ? ? T ? 0 ? ? ? n EL ASE B 0710 ACE 4375 BSE 0390 CBOE 0390 CSE 0400 hot 0410 NASD 0350 NVFE 0365 NYSE 0420 ?NLK 0040 PSE 0130 SECO 0360 OTHER IS?161FY1 04&/ AL 060 CA 0490 OC 0530 10 0670 KS 0610 MD 0650 MS 0,1190 NV 0730 NY 0770 OK 0610 SC 0850 UT 0660 WV 0930 ? AK ? CO ? F ? ? ? ? ? F1 ? ? ? ? a 060 0500 L 0540 IL 0160 KY 0620 MA 0660 MO 0700 NN 0740 NC 0780 OR 0970 BO 0060 VT 0/00 WI 0910 EXAM REOUEST ? ? 1-1 ? ? ? ? ? ? ? ? ? ? A2 0470 CT 0810 GA 0560 IN 0090 LA 0670 MI 0670 MT 0710 NJ 0750 ND 0790 ?A 0830 TN M70 VA 0910 WY 0950 ? ? 1:1 F1 ? ? u El ? ? El El ? AR 0460 DE 0520 HI 0504 IA 0600 ME 0640 MN 0690 NE o720 NM 0760 ON 0600 RI 0640 TX Oslo WA 0920 PR 6960 WILL APPLICANT MAINTAIN REGISTRATION WITH ANOTHER BROKE, ALERT N ^Y ? IF "YES" FILL IN INFORMATION BELOW: -r O , (LJ{SE ?f1FME I D. NO. NAME OF FIRM61, 10980) ~ NAME OF PERSONISI CONTACTED TYPE OF APPROVAL REQUESTED: tCH/CX ALL 40PLICABLE CATEGORIES) AGENT Of ISSVFP ? 111PRESEN17A11VfIbN:GF NEHAI SFCUIIIIITS ?MUNICIPAI SECU"If1ESPRINCIPAI ' ro3o lu t0 Tin,. At I II I) MI MITI it r - 7 L J ql NI HAt ;.I 1•!1111111 S PIUMI'WAI MUNICIPAL SF 01611 f 1[ S U N) I'Rt SI Nf Ai1Vt 1170 1258 1060 APPROVFOPERSON,t 11CHANCft Ej INVESTMENT COMPANY AND VARIABLE CONTRAC 1 S PROWJC7 S P/IINCIPAL QOf OFFICER It 111 Ft 7 1 6 0 1210 1711 ( "" ' '" ' U BRANCH OFFICER MANAGER INVESTMFNT COMPANY AND VARIABLE CON)RACTSPRODUCTS REPRESENTATIVE RE GISfEREO COMMODI fY REPRESENTATIVE 1120 1000 1070 Q PRRINCIPALRTIGIFATION PROGRAMS ? J gISOIC7 OOF F N ICE Of SUPERVISORY ? REGISTERED OPTIONS PRINCIPAL / 1 1790 ? DIRECT PARTICIPATION PROGRAMS REPRESENTATIVE MEMOER IE 11C1fANrE7 SOLE PROPRIETOR 10/0 7 761 1 2 0 7 D FINANCIAL ANO OPERATIONS PRINCIPAL Fl MUNICIPAL SECURITIES FINANCIAL AND OPERATIONS PRINCIPAL ) - . - ' l??Egy150gY ANALYST 1250 1256 l?J 1130 ' (OTHER 'APPt (CANT WILL BE DESIGNATED I^NSWE R ONi r R APPLICA01 l i -- -...._ n CHIEF FINANCIAL AND OPERATIONS PRINCIPAL SENIOR REGIS ?E* RED OPTWNB PRINCIPAL F COBMUANC! REGISTERED OPTIONS PRINCIPAL ,t HAS J WIT" OR GUALIFIE0 FOR EXEMPTION FROM AN EXAMINATION FOR REGISTRATION IN ANY CAPACITY wasa 0412 IF an oNfN•- - - 2011 2011 201/ 2026 7 2022 2024 1 2034 2046 .. . 7004 __ ?... 10411 3060 A -- 1 2D57 205r 706 0 11 &PIKi 12-29--81 Louis P. Cramnles, CLU DATE w IGNI PR1" DR TY?/) 12- 2R-? 1 jE rfc BMk EOrAaIMIATE <<) ul4? . Hi l tnLSr. Gt.U -- DATE v MAIM OF AP?ROPAIATE ITONATORY IPRINT 001 TYP/) 04 9 _. 4 4 V-41 V. ? A nt to If there is an this page, cirde question numbers amended LAST NAME FIRST NAME FULL M10OLE OR MAIDEN NAME (erEaFY IF NONE) • 7? SOCIAL SECURITY 110 LOUTS K 1•l ?_? ITY STATE wDORE55 a STREET C 6105 Stephen's Crossing Mechanicsburg PA 170551 • DATE OF BIRTH 107501 PLACE OF e1RIH 102601 7^( HEIGHT 1071a+ WEIGHT t07121 NAM COLOR 1071 1 SE%.07171 COLOA OF 6YEs . IO7T51 3-23-40 Yorkt Pennsylvania 'Ill" - 188 1 Brown Male ue IDENTIFYING MARKS 0716+ T I ALMS (SPECIFY if NONE) (0700) MARITAL TATUS(02a none none M IF MARRIED i FULL NAME OF SPOUSE 07111 MAIDEN NAME OF SPOUSE 107271 Sue Alan aranime: Site Join Cox F A7 HER S fULL NAME wADl MrITHER'S fUI I NAME 107701 Louise Goreen Crider Louis Frank Grammes ,Street- Cety. Stets- An Coda) NAME AND ADDRESS OF INSTITUTION 41 XCLLIOE ELEMENTARY SCHOOL) Pa,F,r ..ar,Tn rt AA To COURSE OAr OA wham rage av ale r+u caw. a. a pEGREE 9 _ NAME Wil liam Penn Sr. 111911 _ Col age ay yea 1401 ADDRESS cT . ege ve. r or , A IOU W. Ib2 NAME York College 9 5$ U 59 Business day no 1,04 ADORESS 'A? 1405 NAME - ...- _.? 1406 ADDRESS , NAME 1 ?O? ADDRESS: LIST EACH POSITION FOR THE PAST 7EN YEARS, STARTING WITH I:URRET IDSITION. INCLUDE SELF-EMPLOYMENT, UNEMPLOYMENT, PART-TIME AND ALL MILITARY SERVICE. __-__ .... .. ?...u.. ?,_-? ,. 4 -L _? t Il..-. err., e,... PL n ' '.AYEANOCOMPLETEADORESSOFEMPLOYER yoMTNpvllAw ror,TMaruw awN,i,°wr POaIT10NNELD AEAFONPORLEAVING a..AME Massachusetts Mutual Life Ins. Co. 5 79 Pr stn £u 1 Ccneral. Arent 1501 tc1c1 Miss. AD NESS 1295 State Street Sill int .01111 1502 . . "A New York Life Insurance 1 . 69 79 u1I Agent, ' ADDRESS 51 Madison Ave. N.Y. N.Y I W O 1501 NAME Is" ADDRESS 1506 NAME 1507 ADDRESS 1508 NAME 1509 ADDRESS ?? 1510 ARE YOU CURRENTLY ENGAGED )N ANY OTHER BUSINESS EITHER AS PROPRIETOR, PARTNER, OFFICER, DIRECTOR, TRUSTEE, EMPLOYEE, AGENT OR OTHERWISE? 11500) YES NO IF YES,E%PLAIN Give all home addresses for the past ten years (other than current addressJ. N necessary continue on saperate sheet. ADORE$$ STREET CITY _. --. T STATE 2101 reov aowaa, a, igh Rd. York bridge York PA 17 PA 17 I authorize and request any and all of my former employers and any other person to furnish to the agency, jurisdiction or organization With which this application Is being filed, or any agent acting on its behalf, any Information they may have concerning my credit worthiness, character, ability, business activism, educational background, general reputation, together with, in the case of former employers, a history of my employment by them and the reasons for the termination thereof. Moreover, 1 hereby release each Such employer and each such Other person from any and all liability of whatever nature by reason of furnishing such Information to the agency, jurisdiction or organization or any agent acting on its behalf. Further, I recognize that 1 may be the subject of an investigative consumer report ordered by the agency, jurisdiction, or organization with which this appli. cation is being filed, and that 1 have the right to request complete and accurate disclosure by such agency, jurisdiction, or organization of the nature and scope of the investigation requested. Louis F. Crammesl1? ?f [fVT 12-28.,81 NAME OF APPLICANT (PRINT OR TYPE) 14iN t? 64- t R• N7?lH DATE 227-294 NASAAM"OCRO NOr Ic/hn C. Ili 1 Cn?r _ 12-28-81 NAME Of MROPRIATE SIGNATORY OPAINT OR TYPtI -- 51GNAIUIII Of APPHOPHIA7E SICNAIOAY ?? DATE TEN YEARIm MI DOES NOT APPLY TO OUESTIO14S 27 T4802_GH 29. -- t S Have you ever; ?.._.._ too been the subject of i major complaint or legal proceeding? .. .. A 2720 . or requested or permitted to resign for caused .. been dischar ed 2730 g . C. been refused coverage under a fidelity or surety bond, or has any surety company paid out any funds on your coverage or ch covera e? lled © 2735 su g cance ... D. had a license, permit, certificate, registration or membership denied, suspended, revoked or restricted, or had an application 2550 withdrawn for cause?.. E. been the subject of any order, judgement, decree or other sanction of a foreign court, foreign exchange, or foreign governmental L 2560 or regulatory agency? ..... .. ........................... . ..... ,? . __ , ....:: T , ...: --- - been arrested or inflicted for any felony or misdemeanor involving the purchase, sale or delivery of any security or commodity, F , or arising out of the conduct of the business of a broker, dealer, municipal securities dealer, fiduciary, investment company, investment advisor, underwriter, bank, trust company. insurance company or other tMancial institution, or involving any crime in which violence or th[ cats of valence against any person, dishonesty, wrongful taking of any property, or any manner of fraud i ? 2830 was a factor, or involving conspiracy to commit any of the foregoing?... , ...... .. . ...................... or pleacftd guilty or nofo contenders to any felony or misdemeanor eilcopt minor traffic Offenses? .. . been convicted G 2670 . , H. been a principal or employee of any firm, corporation or association which, while you were associated with it, was convicted of, 2690 or pleaded guilty or polo contenders to, any felony or misdemeanor? ............... . .......... . ... . .. . . I. or has any firm, corporation or association of which you have been a principal or officer failed in business, made a compromise with creditors, tiled a bankruptcy petition or been declared bankrupt? , 2790 li-While associated in any capacity in the securities, commodities, investment advisory, real estate, banking or insurance industry or any other business have you ever: YES NO A. been found by the Securities and Exchange Commission or in any jurisdiction to have willfully made or caused to be made any statement which was, at the time and in the light of the circumstances under which it was made, false or misleading with respect to any material fact, or omitted to state any material fact, which was required to be stated, in any application for registration or report required to be filed under the Federal securities laws or under the securities law of any jurisdiction, or in any pro- eseding before the Securities and Exchange Commission or any jurisdiction relating to securities, the conduct of business 80 or registration as a broker, dealer, municipal securities dealer, or investment advisor or associated person lhereol? ...... .. 28 8, willfully made or caused to be made any statement which was, at the time and in the light of the circumstances under which it was made, false or misleading with respect to any material fact, or omitted to state any material lace, which was required to to be stated. in any application for membership or participation in, or to become associated with s member of, a self regulatory organization, in any report required to be filed with a self regulatory organization, or in any proceeding before a self-regulatory organization? , ... .. . ...... . ..... 2890 C, had any temporary or permanent injunction or administrative order entered against you or any broker, dealer, investment advisor, municipal securities dealer, bank or commodities firm with which you were associated in any capacity at the time such © 2 injunction was entered? .. a 1 , .. ? - 0. been associated in any capacity with any broker, dealer, municipal securities dealer, investment advisor or commodity firm which was suspended, expelled or had its registration denied or revoked by any agency, jurisdiction or organization? 62 2620 E. been found to be the cause of any action cited in 270? ,_.. _ 2910 F. been associated as an officer, adkector, *jW;Q partner, or an owner of 10 percentum or more o t iivat sscur ties /n, or e through agreement or otherwise, exercised or had power to exercise a controlling influence directly or indirectly arson who , , p over the management or policies of a broker, dealer or municipal securities dealer which had been adjudicated bankrupt or for 1 which a trustee has been appointed pursuant to the Securities Investor Protection Act of 19707.. , . , ...... 10 Q 2760 .1_9 Are You currently: YEf ND A. the subject of any unsatisfied judgements or liens? . 2740 8. associated In any endeavor related directly or indirectly to business or financial activities wile any person whom you know, of in the exercise of reasonable care shouki know, to be subject to a statutory disquelilwallon? • 2920 C. the subject of any investigation or nrocaeding, or have you evor been the subject of discipline or found to have violated or to have aided, abetted, counselled, commanded, induced or procured the violation of any law, rule or regulation by any securities, commodities or banking agency or jurisdiction, any national securities exchange, registered securities association or clearing agency or by any other agency or jurisdiction? ?- 2702 't Lcuis F. Grammes NAMEOF APPUGAMT 1/0111107 OATYPE1 ' iL 61;1??11j I2-28-81 sfOM t toF 1CA nA1F ATTACH PASSPORT SIZE AND ' X 7 2 :14 OUALITY NASAA/NASD CPO NO r ? PHOTO r ., A?PnOPP1AlE SICNAI UhY it AlNi on /Yntf f Louis r. Cr.t mnes John C. 11il t:ner, CLU 12-28-81 ' S NAME APPI.ICANI f. 1110MAIURE OF APPPOPPIAIF %1t MA70itV DArr 4 type o+ pi nil) i \ s a Pev F ormi U 4 1081 `1 r 1 n? l 1. 1 hereby certify that 1 have read and understand the foregoing statements and that my responm are true cold complete to the bist of mAswm T. I hereby apWY for registration with the orgsnizatiarts and states indipted in Question 8 and, in twrtsideratton of sl:.fi orgenizstiorts and sand considering my application, I submit myself to the jurisdiction of such states and organizations and hereby certify that 1 haw read, to agree to abide by. comply with, and adhere to all the provisions, conditions and covenants of the statutes, constitutions, eartillcatas of byaaws and rules and regulations of the states and organizations as they are and pray be adopted, changed or amended from ima to time, comply with, be suuiect to and abide by all such requirements and all rulings, orders, directives end decisions of, and penalties, prrohibitrations imposed by such str. es and organizations, subject to right of appeal as provided by few; and 1 agree that any decision of such states and organ. izations as to the results of any examinatlonti) that 1 may be required to pass will be accepted by me as final. 3. 1 further agree that neither the states or organizations nor their officers, employees, and others acting on their behalf than be liable to me lot sctlon taken or omitted to be taken in official capacity of in the scope of employment, except as otherwise provided in the statutes, constitutions, certificetsf of incorporation, by-laws or the rules and regulations of such states and organizations. 4. 1 authorize the states and organizations to make available to any employer or prospective employer, or to any federal, state or municipal agency, or any securities or commodities industry self-regulatory organization any information they may have concerning erne; and 1 release the states and organizations, their employees and agents, from any and all liability of whatever nature by reason of furnishing such information. 5. 1 agree to arbitrate ally dispute, claim or controversy that may arise between me and my firm, or a customer, or any other person, that is required to be arbitrated under the rules, constitutions, at by-laws of the organizations with which 1 register, as indicated in Question S. 6 1, the undersigned, for the purpose of complying with the laws of the State(s) 1 have designated in itern S relating to either the registration 0, y1a of securities or commodities, hereby irrevocably appoint the administrator, of each of those State(s), or such other person do"Flatttd by lave, and the loc. censors in such office, my attorney in said Stateis) upon whom may be servers any not", process of pleading in any action or proceeding sgainst me arising out of of in connection with the *flat or sale of securities or commodities, or out of the violation c or alleged violation of the aforesiod tows of cad Stateis) and 1 do hereby conAnt that any such action or ptoceeding agsuost rite may be commerocied IA any eauPt of competent jurisdiction and prepay venue within said State(s) by service of process upon said appointee with the same effect as If I was a resident in said State and had lawfully been served with process in said Stateis). It is requested that a copy of any notice, process or pleading served hereunder be mailed to no as my residence. t' • _ DATE SIGMATUR WITNESS DATE SIG SURE OF ;IC T I IV YE SS ti1USI Of ONE OF I1rl iOl 4, IN('? PEE AS( 191r Ch APPIXOPO1A1t ROX + PARTNER OF THE FIPM BRANCH OFFICE MANAGER NAS CD RO NO OFF:CtR OF T14E CORPORATION )(AUTHON11E1) EMPtOYEF S7 A i E Of 'C. `?i "'.'.."t° /i? ? -?'/R'J ... . COON 1 Y "•?'?'??+ SS S,BSCAIRED ANO SWORN BEFORE ME THIS 4 DAY OF -P C.t. i-A.O. 19 11 -_BY / / ??` \\\ NOT Y PUUL C ` MY C0101MiSS10N [ xPIRES..? _COUNTY Of -SLATE OF- A-. To the best o1 my knowledge and belief, the applicant is currently bonded where requited, snd, at the time of approval, will be familiar with the statute(s), constitutlonis), rules and by•lews of the agency, jurisdiction or self tegulatory organization with which thisapplication is being filed, and the rules governing registered persons, and will be fully qualified too the position for which Bppficatlon is being made herein, 1 agree that, notwithstanding the approval of such agency, jurisdiction or ongrnrsat,on which heivby is requested, I will not employ the applicant In the capacity stated herein without first receiving the approval of any authority which may be required by law. This firm has communicated with all the previous employers of the applicant during the past three years, as set forth below POSITION OF EMPEOYEO ,rave tONFA (rta EMPLOYER NAME OF PERSON CONTACTED PERSON CONTACTED FROM To "Or s In addition, i have taken appropriate steps to verify the statements can. tamed in this application and to inquire into the past record and repute. tion of the applicant. Please Do Not 1-14-62 Norris )io.rlrrood, lies. 1Jri11Cit!a1 DATE PRINT NAME of APPROPNIATE SIGNATORY Write In This Area II SIGNAL URE OP APPF Pf11AlE SlCNAtURY -??? a.. 0 n ... ., .. UNIFORM APPILKATION FOR SECURITIES INDUSTRY REGISTRATION OR TRANSFER H ow" it w govielp 0* w", c'asrlPillioh *Wv harm J, 2. J. 4 anal amd+taW. LAST NAIIIfj JOIJBiq,.4mc. NAME w 1,eO?It NAME --1 ,y a FIRM NAME IDe net iltoltsda tl?M orlrNorntont uttdar /ISmn 19, page 2) ML-, *L impultwo SMAC111111111. Inc IM KMA4 ,V MAIN ADO#ESS fT#EET CITY -- __ A E r21F 1295 State Street ftwirafield MA Obit * ai#ANC?f 10, r 1 E O LOYMENT ^00019 SS GTR99T CITY STATE it 0 11295 State met MA 01111 - 17 . - QwA ? t,V Will applicent maintain melioration with soother /teker•Owler not uncW common ownership of cOnttel with the firm namod In Item 4 above? 13 V M NO Of "YM girt in Item to) Q9 warrr?icM1 eta i Onuft 'On ?NiftrstiOr?s With /re\sr•paslNS uetlar common Ownership or cOnirO) with the firm named in ItOm 4 Wove? V w L] NO vViol0 FMwr CRO o .,=.. yam. of Finn N7 ?. ? I II FNrn CAD Name of Firm ` Pit" CItD • Name of P Join TO not 04E04STERED WITH THE FOLLOWING. 0 0 C? P 0 0 0 0 0 0 Q 0 0 o 0 CO D Q Os •0 DC 0 M 0 0 P E3 El 0 0 D C3 D D ?l 9 P P D D D X TVPt Of EXAMINATION/REGISTRATION REQUESTED Ishocn ail **W.caole coloWiftI f•a IC#) Coatmes.ty Futures D f14111 1/AI SuO.rr.sOry Analyst riper 1 S 52 IMR) 1 c - Represent at ne f? (Ofi #goterod Options pr.ne,por S 22 1081 0 Dow Parur.paben ?rostams Represantat.ve u S 33 (M?1 Municipal SKYr11.N pI1nC.pa1 D n f f (401 Interest Flats Option S 24 top) Genaral SKurrtos or.nc.eal Q S yA tFM) Municipal /etYr,ves y.nonciol , r pro Operat•ons pr.nc.pa 1!) 9H /nvwtrnant COmpamY 1n0 YMNOIO COn/raaq IrOp,Kt! Q / 2E top) Investment Com o"v rime Variable COntrKri prNvicel E•E2 (CS) Corporals SeeuNtiw RoprewntetM #aMeMntat we P"noopal a S 7 IGS) full #e.etratren? • SKYritNS R.OreMntatiw M S 27 IfN) w one Oparatans / icip i,nancel © S 69 IAG) Apnt S•S (Sul Seeurities Salsa Gonbs( s0r troervi 1:3 s 79 rW 1 9=1 pr rI-ci atbm rer am. Pr.ncoOH D N Membp f a[nan Q S-/ (SM) llreneh O"wo Manger INYSEI f•it (AM) Allied Mambe? #eochadula Enor" Sar.eo S•19 (FC) ferwpn Currency Options 5-42 40#) Oetiono Rprwontatiw ? Other __ _ rear AF14L1CANT•S CURRENT AODRISS, L?R •eae ..-+.. ,..r.r.ww?. ra ,nwri?cr7wrNR p1f0M, TERMINATOON DATE (MOIO*R/Vr.) ? CNECx /F TNp' Uo n #Et*G FILED Top MALICE PERMANENT A tFMlOilAlt 1r afGISTRAT/0)Y f7AT1. TM atoorepriata swoovoty arm t20fi NOT Ira to be ow *is ad UNLESS this PW is being smbwgttad bee an Solmodrrtam. r MONTH DAY YEAR SIGNATURE Of Asp Op ).ATE SiONATOOIV F- r,s0 MI - 1]]? TYPE O# FRIN7 NAM9 OFTh ?1t1ATE SrGAATORY CRO USE ONLY 4w FORM U-4 UNIFORM APPLICA N FOR SECURITIES INDUSTRY REGISTWJION OR TRANSFER If there it an fit ro this pop, complete only Items 1, 2, $ I a tbeil+pwmerdpd, BLAST NAME r JRJSR.• FIRST NAME MIDDLE NAME _ Grammes Louis Israciv. ?• wo«s' Frank soc. sEC. ? }W. i mm O FIRM NAME IDo not include thls employment under item 19, page 21 PP Q )FIRM MAIN ADDRESS STREET CITY STATE Z ' 1295 STATE STREET SPRINGFIELD. MA 01111 (2 BRANCH 1.D. d OFFICE OF EMPLOYMENT ADDRESS STREET 61Tv STATE ZIP 037 /2 yS- .S 7,,1 TE v5T. Spf/N G7 f -/A- z-0 MR. 0//// '( will applicant maintain registration with another Broker•Deale, not under common ownership or control with the firm named in Item 4 above? Yea o (If '•Yos'•, Hp In Item tot 1-t ?_ it ..V".., hes-'havathefirmis) been contactedf 0 Yes ? No, .win applicant meingin muq)ple ragittrations with 6roker•Deeters under common ownership or control with the firm named in item 4 above? Yes U N `? It Yet till in..i??n???o??r??ymyation below. cCA y? ?y+???1 FirmCRO o_ 6682 -Name of Firm u? _16&55&Q 7?. s'+ItiLIAL 1 T1TFE INS C0 Perm CA0 is _ Nama of Firm Firm CRP is Name of F irm TO BE AEGISTERE D WITH THE FOLLOWING AL ? AK ? AZ ? AR ? CA ? CO ? CT ? De _? OC ? FL ? GA ? HI to D ? IL F-1 IN IA C7 KS CJ KY o LA a ME 0 #AD ? MA M MI F-1 MN D MS MO 0qD L P o o _o d a o o a a o TX O N2 -f re TYPE OF EXAMINATION'REGIST RATION REOVESTED Iche k a'lappi,caplecategories* ED S•3 ICA? Commodity futures ? S 15 ISA) Supervisory Analyst Q 5 4 IOPI Reg.srered OD%.an! P,mcrpal S ?2 (DRI -pirect Pertinpat,on P rograms Representative ? SS (101 Interest Rate Options a S 24 IGP) General Securities Principal 5 6 OR) Investment Company *no P S 26 0P) Investment Company and P Variable Contiacil roducts resentauve Variable Contrscts roducts Principal 5 7 (GS) Full Ragislrrti --oral ? 5 27 IFN) Financial and Operations _ becuntin Representative Principal S•8 (SUI General Securities Sales supervisor 8 39 'Op' O•tect Pari c+pa1 a, Programs principal S•8 (BM) Branch 01tice Manager (NYSE) Q S 41 (AM, Allied Member 5 15 IFC) Foreign Currency Options $•42 (ORI Options Representative i F S 52 (MR) MumeiIt I Securities Representative S 53 IMP) Municipal Securities Principal S•54 (FM) Municipal Securities Financial I and Operations Principal ? 5•62 (CS) Corporals Securities Representative ' S•63 iAG) Agent Member Eiichange Reschedule Exam Serves Other ; ? , ® APPLICANT'S CURRENT ADDRESS r raw>, met? City TAE N FIRMIS) APPLICANT IS TRANSFERRING FROM TERMINATION DATE rMO.JOsy/Yr' , ? CHECK IF THIS UJ IS i TING FILED TO MAKE PERMANENT A TEMPORARY RECISTRATION /TAT), The appropriate signatory Nn DOES NOT have to be completed UNLESS this Pegg is being submitted tt an amendment . 1 ` MONTH DAY YEAR SIGNATURE OF APPROPRIATE SIGNATORY TYPE OR PRINT NAME OF APPROPRIATE SIGNATORY CRO USE ONLY Rev Form U•4 4/85 Pella 1 11 N FORM U 4 UNIFORM A"LICATI OR SECURITIES INDUSTRY REGIS TR OR TRANSFER It oem is an arlrshl this perye, eornleaeae only Irani 13. 14 and or t nsy wn"died. OCIAL SECW"vr V 0 ANL ICANT'S 10409 CAD M APPLICANTS • NFA I Graintoe s Louis Frank NO? A OF BIRTH (Month, Day. Year: SE% "EIGHT WEIGHT HAIR COLE COLOR I Blue 3-23-40 M 5' 10" 188 Brown -GIVE ALL ADDRESSES FOR THE PAST FIVE YEARS, STARTING WITH CURRENT ADDRESS. STREET CITY 6105 Stephen's Crossing Mechanicsburg s I PA 17055 Q li 79 PRESENT ACCOUNT FOR ALL TIME FOR THE PAST TEN YEARS. Give all employment experience starting with your previous employer and working back ten years. Include full and part-time work, self-employment, military service, unemployment and full-time education. ((f this Pape is being tiled as part of a Form BD, start with your present employer instead.) re°„ TO POSITION HELD NAME 1 4°•.fA AR Y V. •sAw e ins 79 fen t, JgMW ` CITY bprimnew STATE General Agent NAME New York Life Iris. Co. ;1 69 4 79 CITY 11 Son Ave. 10010 STATE NY r NAME CITY STATE NAME I i CITY STATE I i NAME I CITY STATE 1 NAME CITY STATE j NAME CITY STATE NAVE CITY STATE NAME CITY STATE NAME CITY STATE NAME I CITY STATE NAME CITY STATE S t Are You Currently engaged in any other business (not shown above) either as a proprietor, partner, officer, director, trustee, employee, agent or otherwise, OYES 0310. It "YES", please explain below: t The appropriate signatory area DOES NOT have to be completed UNLESS this Page is being submitted as an amendment. MONTH DAY YEAR SIONA U E OF A AIATE SIGNATORY f i •Now M YM/M ?f Aw ~ i L TYPE OR 011 INT NAME OF APPRDfRIAT - SI NA RY CAD USE ONt V Ra.. Form U•4 4185 Pags 2 FORM U4 UNIFORM APPLIC ION FOR SECURITIES INDUSTRY REGIS TION OR TRANSFER N there is t to this page, complete only Isom 21 erid 111t ap amended. . anew 16nyf ?V'i07 NW 5v{.aniL?r.CUAi V/ _1aF.r,rra-a . FIRM NPA / ?FPMA.iGANT'S 4f- THL ANSVER TO ANY OF THE • • DEFINITIONS • Charged - Accused of a crime in a formal complaint, information, or indictment, • investment at investment-Related - Pertaining to securities, commodities, banking. ensunna, or sal estate (including, but not 1im1te0 to act4ng as r being associated with a broker-dealer. investment componyrinvestmem adviser, futures sponsor, bank, w swings and loan association). a Involved - Doing an act or siding. abetting, counseling, commanding, inducing, conspiring with or failing reasonably to supervise another in do set ace.. 22A. Haw you been convicted of or plead guilty or nolo contendere ("no contest") to YES NO 11) a felony or rnisdismeanor involving: investments or an investment•reloted business, fraud, false statements or omissions. wrongful taking of property, or bribery, forgery. counterfefinng of extortion? .................. . ................. ......... , ? 1 (2/gambling?. ... ............................................................... B Z 0) any other felony 3 9. He" you, or an organization over which you exercised management or policy control, ever been charged with any felony or ? charged with a misdemeanor specified in question A(1) or (2)? ? C& 4 ) C. Meta my court ever. f 1) enjoined you in connection with any investment-related activity? .. . . ... .... . . ... ... . ... .. .. . . . ... ... ? ® fi (21 found that you were involved In a violation of investmenl•relned statutes or r iatgns? . ... . ............... . . ? f1 D. Mal the U.S. Securities and Exchange Commission or the Commodity Futures Trading Commission ever (1) found you to hive made a false statement or omission? . ....... ... . . . . ..... 7 I 121 found you to have been involved in a violation of investment-related regulations or statutes? .................... I 8 131 found you to have been a cause of an investment related business having its authorization to do business denied, suspended ( , revoked, or restricted? .... , .... .. ....... ... i ed • • .. . 7t 9 (4) entered an order denying, suspending or revoking our r station or disc n you by restrict) your activities? . . 10 E. Has any other Federal regulatory agency or any state regulatory agency aver: N) found you to have made a false statement or omission or been dishonest, unfair or unethical? ........ ..... . .. 11 12) found you to have been involved is a violation of investment regulsuons or statutes? 12 .................... . .. . (3) found you to have been a cease of an investment-related business having its authorization to do business denied, suspended, revoked, or restricted? 141 entered an order a ou i n a n t co on ith in i i l d ? ? 13 g i y ecti s n n w vestment-re ate act v ty • • • . , ........ . ..... , . (5)denied, iuMended, or revoked your registration or license or otherwise prevented you from associating with on investment- related business, or disciplined you by restricting your activities? ....................... ............. 14 16 16) revoked or su nded our license as an attorney. accountant or federal contractor? ..... ............. . ...... . ? 16 F, Has any setf•regu ory organisation or commodiiies #xch&"W (1) found you to have made a false statement or omission? , ...... .. .. 17 (2) found you to have been involved in a violation of its rules? ..................... .......... . ....... t0 (3) found you to have been the cause of an Investment-rotated business having its authorization to do business denied, suspended , revoked or restricted? . . . . . .. . .. .. ............ .. . ............................. ? 18 141 disciplined you by expelling or suspending you from membership, barring or suspending your association with its members, or restrict` our activities? ? CS 20 1 0. Has any foreign government, court, regulatory agency, or exchange ever entered an order against you related to investmerm or fraud? ? 21 H. Have you over been the suspect of an investment-related. conwme?-initialed complaint or proceeding the: (11 alleged com perimory damages of 510,000 or more, fraud, or wrongful taking of property? ... .... .... . ........ (2) was settled or decoded agarrisi you for 55.000 or meet. or found fraud or the wrongful "%I of ? .......... , on B 27 23 _ I. Are you now the subject of any complaint, investigation, or proceeding that could rewlt in a "yes" answer to parts A•M of this item? ? $4 J. Has a bonds company denieo, paid Out on, or revoked a bond for you? ? 25 K. DO you have any unsatisfied judgments or irons against you? . 26 a L Have you or a firm that you exerened managemant or policy control over, or owned 40% or Hare of the securities of, failed in business, made a compromise with credtters, filed a bankruptcy petition or bean declared banknrpt? ? 27 M. Has a broker or dealer form that you exercised management or policy control over, or owned 10% or more of the securities of, been dot lased bankrupt, had a trustee apponntod under the Securities Investor Protection Act, W had a direct payment procedure Initiated? ` 26 N. Have you been discharged Or Permitted to res gn because you were accused of: 01 violating investmani-related statutes, regulations, rules, or industry standards of conduct? .......... ..... • , .... (2) fraud at the wrongful taking of propatyli ......... ................................. , . ... 29 30 13) failure to tupavim in connection with investment-reined statutes, regulations, ruses or industry, standards of conduct? ..... 31 , The apphtant and appropriate signatory sees DOES NOT have to be completed UNLESS this paps is being submitted as an amendment. MONTH OAY YEAR Si NATURE OF APPLICANT TYPE OR PRINT NAME OF APPLICANT MONTH OAY YEAR SIGNATURE OF APPROPRIATE SIGNATORY TYPE OR PRINT NAME OF APPROPRIATE SIGNATORY I CAO USE ONLY Rev Form U•4 4/85 Page 3 Y FORM U4 UNIFORM APPLICATION FOR SECURITIES INDUSTRY REGISMAIIOAI OR TRANSFER - 1. 1 "weer or affirm that I have read and understand the items and instructions on this form and that my answers (including sttachments) we true sib complete to the best of my knowledge. I understand that 1 am subject to administrative, civil or criminal penalties if 1 give fain or min esdi answers. ?` 2. 1 hereby apply tot registration with the organizations and states indicated in Item 10 as may be amended from time to time and, in consideration of such otganizations and states receiving and considering my application. I submit myself to the jurisdiction of such states and otgsnitations?tNx! hereby certify that I agree to abide by, comply with, and adhere to all the provisions, conditions and covenants of the statutes, constitutions, curt'p'' toes of incorporation, bylaws and rules and regulations of ,the states and organizations M they are and may be adapted, changed or amended frrurl, time to lime, and 1 agree to comply with, be subject to and abide by at) such requirements and all rulings, orders, directives and deciskm of, and penalties, prohibitions and limitations imposed by Such states and organization, subject to right of appeal as provided by taw; and 1 area that any decision of such states and organizations as to the results of any examinaion)s) that i may be required to pass will be accepted by mews final. 3. 1 further agree that neither the states or organizations nor their officers, employees, and others acting on their behalf shaft be liable to Irte for action taken or omitted to be taken In official capacity or in the scope of employment, except as otherwise provided in the statutes, constitutions, cettiia cotes of incorporation, bylaws or the rules end regulations of such states and organizations. 4. 1 authorize the stares and organizations to make available to any employer or prospective employe, or to any federal, state or municipal agency, or any securities or commodities industry salt•reguttory organization any information they may have Concerning me; and 1 release the seat" and ar- ganizstions. Iheir employees; and agents, from any and alt liability of whatever nature by reason of furnishing such information, 5. 1 agree to arbitrate any dispute, claim or controversy that may arise between me and my firm, or a customer, or any other person. Mat is required to be arbitrated under the ruts, constitutions, or by-laws of the organizations with which I register, as indicated in item 10 as may be amended from time to time. 6. 1, the understgnod, for the purpose of complying with the laws of the Stata(sl designated in Item 10 as may be amended from time to time, rotating to sale of aecirri/ies or commodities, hereby irrevocab?y appolrtt the odminisualor, of each of thaw Stalest). or such other person daig ~ by law, and the successors in Suds office, my attorney in said Staters) upon whom may be served any notice, process or pleading in any action or proceeding against me orWN out of or in connection with the offer or sale of Securities or commodities, or out of the violation or alleged viottion of the afore said laws of aa)d Statefs) #rid 1 do hereby consent that any such action or proceeding sgairist me may be commenced in any court of comp taml jurisdiction and proper vane within said Stalets) by Service of process upon said appointee with these a affect its It I were a resident in said States and had lawfully been served with process in said State(s). it is requested that a copy of any notice, process or pleading served hereunder be mailed to me at my resilience. 7. 1 authorize and request any acrd all of my former wnpWyw% and sing other person to lurntsh to the agency, jurisdiction of organization with which this appleestion is being filed, or any agent acting on its behalf, any information they may have concerning my credit worthiness, character, ability, business activities; education background, general reputation. together with, in the case of former employers, a history of my amployment by them and the ressonf for the termicurtion thereof, Moreover. I hereby release ssch such employer and each such other parson from env ,and all liability of whatever mature by revisor of furnishing such informatics to the agency. Jurisdiction or organization or any agent acting on itsbehslf. Further, 1 recognize that f may be the subject of an investigative consumer report ordered by the agency. Jurisdiction. or otganization with which this applies. lion is being filed, and as to which t hereby waive any requirement of prior notification. I understand that I have the right to request complete and sccurate disclosure by Such agency, jurisdiction or organization of the nature and swot of the ktvaitigatloo requested. & t understand "corldy that the representations herein apply to all employers with whom I seek registration as shown in items 4 and 9 of this form. I agree to update 'Form UJ by causing on smendment to be filed on a timely basis whenever changes occur to wows previously reported on the form. Further, i represent that to the extent any information previously submitted is not amsnaed, such information is curtentty accurate end complete. 9. If i have become temporarily registered as an agent. I acknowledge that this application for registration with the ststeis) and/or organizationfsl indicated in Item 10 is separate and distinct from any temporary registration already obtained with the Mala(s) and/or organitationfs). I further understand that under the Cowls) of the atata(s) andlor the regutatliws) of tb# arggnizationts), my registration miry be denied, suspended or revoked. 5-5-86 Month Day Year AV* Grammes, CLU To the best of my knowledge and belief, the applicant is currently bonded where required, and, at the time of approval, will be Ismihar with the sta. tutees), constitution(s), rule and by-tows of the agency, jurisdiction or seN•reguistory organization with which this application is being filed, and the rules governing registered persons, and will be fully quahfted for the position for which application is being made herein. 1 erne that, notwithstanding the approval of such agency. jurisdiction or organization which hereby is requested, I will not employ the applicant in the capacity stated herein without first receiving the approval of any authority which may be required by law. This firm has communicated with all of the applimnYs previous employers for the past three years !five years for commodsties) POSIT IDIV of fMPLOVED co+1.crr° EMILOYEp NAME OF?ERaONGONTAGTlD •ENS00dCO%1ACTE0 t 040" TO Mass Mutual Life Ins Rose M. Fox Asst. Adorn 5-17 sent x r }} i IN ADDITION, 1 HAVE TAKEN APPROPRIATE STEPS TO VERIFY THE ITEMS AND ATTACHMENTS CONTAINED IN THIS APPLICATION. THE APPROPRIATE SIGNATORY AREA MUST NECOMPLETeO ON ALL CRO Unlit ONLY INITIAL, TRANSFER OR AMENNb JT FILINGS f r MONTH DAY YEAR SIGNATUR OF APP OP 1l?# SIGNATORY A AN CRAIG S . i TYPE OR PAIN-r NAME Or APPROPRIATE SIGNATORY CERTIFICATE OF SERVICE I hereby certify that on this ? C day of January, 2012, a true and correct copy of the foregoing Preliminary Objections to Plaintiff's Amended Complaint was served by means of United States mail, first class, postage prepaid, upon the following: Elliot A. Strokoff, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, PA 17108-1903 Attorneys for Plaintiff Teresa Laughead Mary Beth Spuhler, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-6475-CIVIL Louis F. Grammes, Defendant : Jury Trial Demanded JOINT STIPULATION The parties in the above-captioned matter herein agree to stay further proceedings pending the outcome of planned arbitration before the Financial Industry Regulatory Authority (FINRA). The parties also agree that either party may resume litigation after service of 20-days' notice upon the other. RHOADS & SINON LLP B By: ? tephen oni , Esq ? One South Market Square 1 PO Box 1146 F Harrisburg, PA 17108-1146 Tel. (717) 233-5731 DATE: , j - Z - Respectfully submitted, STROKOFF & COWDEN, PC StVtt Street Box 11903 risburg, PA 17108 (717) 233-5353 DATE 3M/-; APPROVED AND SO ORDERED MM a„ i.j_... By: (J.) lL ' C 5 YV4. 'j e-d 3la-71 a 12Y c MARY BETH SPUHLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. r : NO. 11-6475-CIVIL LOUIS F. GRAMMES, Defendant : Jury Trial Demanded ORDER AND NOW, this /Z . day of D&/'O b4r , 2012 upon consideration of the foregoing petition, it is hereby ORDERED that all litigation deadlines including but not limited to the deadline to appeal the 9 / 21 / 12 Order in the above-captioned case shall be stayed pending the outcome of Plaintiffs Petition for Special Relief. Distribution C j Cn SJ? Q Stephen Moniak, Esq., Rhoads & Sinon, PO Box 1146, Harrisburg, PA 17108 Elliot Strokoff, Esq., Strokoff & Cowden, 132 State St, Harrisburg, PA 17101 Jennifer Nachamkin, Esq., Strokoff & Cowden, 132 State St, Harrisburg, PA 17101 •7n G'3 -S MARY BETH SPUHLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-6475-CIVIL LOUIS F. GRAMMES, Defendant : Jury Trial Demanded ORDER AND NOW, this l day of 2012 upon consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon the respondent to show-r cause why the petitioner is not entitled to the relief cn --. requested; ` (2) the respondent shall file an answer to the v petition within -&&days of this date; r (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within YIr days of this date; (5) argument shall be held on 7j'7 • &j'?6 in //j 3 Da }n, Courtroom 4/ of the Cumberland County Courthouse; (6) notice of the entry of this order shall be provided to all parties by the petitioner. Distribution ?Stephen Moniak, Esq., Rhoads & Sinon, PO Box 1146, Harrisburg, PA 17108 ? Elliot Strokoff, Esq., Strokoff & Cowden, 132 State St, Harrisburg, PA 17101 ? Jennifer Nachamkin, Esq., Strokoff & Cowden, 132 State St, Harrisburg, PA 17101 COQ' c.! Stephen Moniak, Esquire - • _ .... 1 .1r ~J `~-. PA Supreme Court ID #80035 RHOADS & SINON LLP , One South Market Sqr., 12`h Floor `- `' `* ~ 1 "~, P.O. Box 1146 i Harrisburg, PA 17108-1146 - " ~% 1 ~ ,' '~~; ~~ ~ ~ ~ " (717) 237-6732 -Telephone ~ ~ ' ~ r ~ ~~ :- ; ~ ~ i ;^_~ (717) 238-8622-Facsimile smoniak(u`rhoads-sinon.com Counsel for Defendant Louis F. Grammes MARY BETH SPUHLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 11-6475 CIVIL TERM: LOUIS F. GR..AMMES, CIVIL ACTION -LAW Defendant DEFENDANT'S ANSWER IN OPPOSITION TO PETITION FOR SPECIAL RELIEF Defendant, Louis F. Grammes, by his attorneys, Rhoads & Sinon LLP, tiles the within Answer to Plaintiffls "Petition for Special Relief'. At the outset, it must be noted that a "Petition for Special Relief' is not the appropriate procedure to raise any of the issues Plaintiff raises in her Petition. ~"~ Petition for Special Relief is authorized under Pa. R. Civ. P. 1920.43 of the Divorce Code, which is not applicable here, and no other Rule of Procedure permits this type of Petition under these circumstances. As will be addressed below, Plaintiff failed to appeal the Arbitration Avvard she lost thus waiving any objection to the confirmation of the Award and its entry as a Judgment. However, the effect of the Judgment is not before the Court at this time to be later decided by appropriate motion. Without waiving Defendant's position that the Petition for Special Relief is simply not authorized by the Rules, Defendant responds as follows: 1. Admitted. ~. Admitted in part, denied in part. It is admitted only that Plaintiff has asserted claims for breach of contract and unjust enrichment relating to her allegation that Plaintiff and 865483.1 Defendant agreed to "equally divide initial and renewal commissions on life and investment products with respect to "joint clients". These allegations are denied. 3. Admitted. 4. Admitted with clarification. The Joint Stipulation was entered into by the parties prior to March 27, 2012, but was approved and ordered by Judge Masland on March 27, 2012. ~. Admitted. By way of further answer, by letter dated August 20, 2012. Defendant provided Plaintiff the requisite notice to resume the litigation provided in the Joint Stipulation. 6. Admitted in part, denied in part. It is admitted only that Defendant sought to confirm the Arbitration Award by motion filed September 19, 2012, and attached a proposed order. As set forth in the motion, Plaintiff did not challenge the Arbitration Award within thirty (30) days of the issuance of the Award. Pennsylvania law mandates judicial confirmation of an arbitration award and entry of the award as a judgment after the passage of thirty (30 I days. 42 Pa. C.S.A. §7342(b); Beriker v. Permagrain Products, Inc., 347 Pa. Super. 102, 105; 500 A.2d 178, 179 (Pa. Super. 1985). Accordingly, this Honorable Court properly confirmed and entered the Award as a judgment by Order dated September 21, 2012. ?. Admitted. By way of further answer, Pennsylvania law mandates judicial confirmation of an arbitration award and entry of the award as a judgment after the passage of thirty (30) days. 42 Pa. C.S.A. §7342(b); Beriker v. Permagrain Products, Inc., 347 Pa. Super. 102, 105; 500 .A.2d 178, 179 (Pa. Super. 1985). Accordingly, this Honorable Court properly confirmed and entered the Award as a judgment by Order dated September 21, 201?.. 8. Denied. Plaintiff has waived any objection to the validity of the Arbitration Award by failing to object to the Award within thirty (30) days of the Award. LL S. Claims, inc. v. Dougherty, 914 A.2d 874 (Pa. Super. 2006). Having timely failed to object, this Honorable 2 Court properl}~ confirmed and entered the Award as a judgment by Order dated September 21, 2012. 42 Pa. C.S.A. §7342(b); Beriker v. Permagrain Products, Inc., 347 Pa. Super. l 02, 105; 500 A.2d 178, 179 (Pa. Super. 1985). Plaintiff's argument that "the Award did not dispose of all of the claims asserted in this case," does not go to whether the judgment should have been issued, but the effect of the judgment, which must await appropriate motion practice after the pleadings are closed. Whether the Court views Defendant's request to confirm the :arbitration Award and enter judgment as a motion or petition, Plaintiff's response in her Petition does not provide any defense to the entry of the Award as a judgment. 9. Denied. Plaintiff's characterizations as to the Court's September 21, 2012 Order are denied. Again, the effect of the judgment must await appropriate motion practice after the pleadings are <;losed. By way of further answer, the undersigned's October 2, 2012 letter to counsel for Plaintiff responded to Plaintiff s request to stipulate to the filing of a second amended complaint. Because Plaintiff did not attach a copy of her proposed second amended complaint, the undersigned could not respond to the request and asked for a copy. Tc~ date, Plaintiff has nc~t provided a copy of any proposed amended pleading, nor has Plaintiff sought leave of court by appropriate motion to file such a document. 10. The allegations in Plaintiff's Amended Complaint are writings which speak for themselves. 7'he allegations are denied. 1 1. Denied as stated. It is admitted only that Plaintiff seeks commissions for both life insurance and :investment products. It is denied that Plaintiff is entitled to any commissions. It is admitted that Plaintiff's claims relating to life insurance commissions were not subject to arbitration. Hi>wever, the Arbitrator rejected Plaintiff s claim, common to both her claims for life insurance Bind investment commissions, that Plaintiff and Defendant agreed to equally share 3 all commissions on joint clients. Again, the effect of the judgment must await appropriate motion practice after the pleadings are closed. l 2. Admitted. Again, the effect of the judgment must await appropriate motion practice after the pleadings are closed. 13. Admitted. Again, the effect of the judgment must await appropriate motion practice after the pleadings are closed. 14. Admitted. Again, the effect of the judgment must await appropriate motion practice after the pleadings are closed. 15. Defendant is without knowledge or information sufficient to form a belief as to what Plaintiff "agreed" to arbitrate. By way of further answer, Plaintiff did include allegations relating to life insurance commissions in her statement of claim in the arbitration. 16. Admitted in part, and denied in part. It is denied that Plaintiff's claim in the arbitration was only for $5,000. The Arbitration Award listed Plaintiff's claim for $10,000, nearly the same amount Plaintiff alleged in the Amended Complaint. The arbitrator denied Plaintiff's $10,000 claim in its entirety. 17. Denied. As to what Plaintiff did or did not intend, those allegations are denied. It is irrelevant what Plaintiff intended; rather, the inquiry is what is the effect of the judgment on Plaintiff s remaining claims which must await appropriate motion practice after the pleadings are closed. 18. Denied. Whether the Court views Defendant's request to confirm the Arbitration Award and enter judgment as a motion or petition, Plaintiff's response in her Petition does not provide any defense to the confirmation of the Award and its entry as a judgment.. 4 19. It is admitted that Defendant did not file a petition. However, whether the Court views Defendant's request to confirm the Arbitration Award and enter judgment as a motion or petition, Plaintiff's response in her Petition does not provide any defense to the confirmation of the Award anal its entry as a judgment. 20. It is admitted that petitions are governed by the local rules and the Pennsylvania Rules of Civil Procedure. It is denied those rules do not require a proposed order to be submitted with either a petition or motion. See C.C.R.P. 208.3(a)(3). As set forth in the motion, Plaintiff did not challenge the Arbitration Award within thirty (30) days of the issuance of the Award. Pennsylvania law mandates judicial confirmation of an arbitration award and entry of the award as a judgment after the passage of thirty (30) days. 42 Pa. C.S.A. §7342(b); Beriker ~~. Permagrain Products, Inc., 347 Pa. Super. 102, 105; 500 A.2d 178, 179 (Pa. Super. 1.985). Accordingly, this Honorable Court properly confirmed and entered the Award as a judgment by Order dated September 21, 2012. 21. It is denied P1anltiff has accurately cited the relevant portions of C.C. R.P. 206.4(c). Plaintiff omitted the important provision that the "issuance of rules to show cause will be discretionary with the court upon presentation of a petition seeking the same." C'.C.R.P. 206.4(c)(emphasis added). The Court properly exercised its discretion in not issuing a rule to show cause bE:cause as set forth in the motion, and not challenged by Plaintiff in the instant Petition, Plaintiff did not challenge the Arbitration Award within thirty (30) days of the issuance of the Award. Pennsylvania law mandates judicial confirmation of an arbitration award and entry of the award as a judgment after the passage of thirty (30) days. 42 Pa. C.S.A. ~73~2(b); Beriker ~~. Persnagrain Products, Inc., 347 Pa. Super. 102, 105; 500 A.2d 178, 179 (Pa. Super. 5 1985). Accordingly, this Honorable Court properly confirmed and entered the Award as a judgment by Order dated September 21, 2012. 22. Defendant incorporates his response to paragraph 21 above as if fully set forth herein. To the extent the Court considers Plaintiff's arguments in her instant Petition, Plaintiff has failed to proffer any legitimate substantive reason why the Order confirming the Arbitration Award should. not have been entered. 23. It is admitted that Defendant did not request a rule to show cause. However, whether the Court views Defendant's request to confirm the Arbitration Award and enter judgment as a motion or petition, Plaintiff s response in her Petition does not provide any defense to the confirmation of the Award and its entry as a judgment. 24. Admitted in part and denied in part. It is admitted only that Plaintiff did not respond to the motion to confirm the Arbitration Award before the Order confirming the Award was issued, Defendant submits that Plaintiff waived any objection to the confirmation and entry of the Award as a judgment by failing to appeal the Award within 30 days. Pennsylvania law mandates judicial confirmation of an arbitration award and entry of the award as a judgment after the passage oi" thirty (30) days. 42 Pa. C.S.A. §7342(b); Beriker v. Permagrain Products, Inc., 347 Pa. Super, 102, 105; 500 A.2d 178, 179 (Pa. Super. 1985). Accordingly, this Honorable Court properly confirmed and entered the Award as a judgment by Order dated September 21, 2012. Moreover, Plaintiff has not proffered any legitimate substantive reason why the Order confirming the Arbitration Award should not have been. entered. Finally, there was nothing ``incorrect" about the Order issued by the Court. The Order simply confirmed the Award and entered it as a judgment as required by 42 Pa. C.S.A. §7342(b). Again, the effect of the judgment must await appropriate motion practice after the pleadings are closed. 6 25. Denied. Plaintiff has not proffered any legitimate substantive reason why the Order confirming the Arbitration Award should not have been entered. It is further denied that Plaintiff s instant "Petition for Special Relief," authorized by the Divorce Code, is appropriate procedure to address the issues raised by Plaintiff. As relief, Plaintiff requests leave to court to file a second amended complaint, but has failed to seek leave by appropriate motion. Nor has Plaintiff attached a proposed second amended complaint, explained why any amendment is necessary or meets the relevant standard, or has even provided a copy thereof to the undersigned upon request. Plaintiff has not alleged a single new allegation that would warrant consideration of further amendment to her complaint. Absent knowing what Plaintiff seeks to amend, Defendant cannot meaningfully respond to her request, and denies that leave is appropriate. Further, there is no need to toll any appeal deadline on the Order confirming the Award because Plaintiff does not seek vacating the Order as relief. Moreover, Plaintiff has not tiled a motion to vacate or modify the Order in any manner, nor would such a motion be appropriate. Defendant submits that the proper procedure is that the Amended Complaint be answered, which Defendant will do after the stay imposed by the Court's October 1 ~, 2012 Order is lifted. and that appropriate motion practice ensue regarding the effect of the judgment on Plaintiff's remaining claims. Plaintiff's Petition should be denied. 7 WHEREFORE, Defendant respectfully requests that Plaintiff's "Petition for Special Relief ' be denied, so that the parties may move forward with pleading and motion practice as to Plaintiff's remaining claims. Respectfully submitted, BROADS & SINON LLP -~ ,- ,; ~ .-- = i Dated: October 25, 2012 B ~''~! ~ J '/ `! ~~ ~ ~ ~~ _ en oniak PA Supreme Court ID #80035 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Louis F. Grammes 8 VERIFICATION Louis F. Grammes, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he makes this verification by its authority and that the facts set forth in the Defendant's Answer In Opposition To Petition F'or Special Relief are true and correct to the best of his knowledge, information and belief. Date Loin Grammes CERTIFICATE OF SERVICE I hereby certify that on this 25th day of October, 2012, a true and correct copy of Defendant's Answer in Opposition to Petition for Special Relief was served by means of United States mail, first class, postage prepaid, upon the following: Elliot A. Strokoff, Esquire Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, PA 17108-1903 Counsel. for Plaintiff i' /,/ /} Teresa H. Laughead MARY BETH SPUHLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW LOUIS F. GRAMMES, NO. 2011-6475 CIVIL TERM Defendant IN RE: ARGUMENT ON SPECIAL RELIEF PETITION ORDER OF COURT AND NOW, this 30th day of November, 2012, the court determines that the outstanding preliminary objections of the defendant relating to arbitration are moot and, accordingly, dismissed. By the Court, /Jennifer A. Nachamkin, Esquire For the Plaintiff /Stephen Moniak, Esquire For the Defendant ~'V/ v _. F-.~ ._ .. ___ ~TV1 "~ ^TJ f° ~.' ~Yr ' ~, ~ , ~ ~'~ c,~ ~ry MARY BETH SPUHLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V . CIVIL ACTION - LAW LOUIS F. GRAMMES, NO. 2011-6475 CIVIL TERM Defendant IN RE: ARGUMENT ON SPECIAL RELIEF PETITION ORDER OF COURT AND NOW, this 30th day of November, 2012, after argument, the petition of the plaintiff for special relief is denied. By the Court, Jennifer A. Nachamkin, Esquire For the Plaintiff / Stephen Moniak, Esquire For the Defendant :bg ~p; ~s ~,~1~~ ~~- 3 ~a ~, -; -~~ ~ ^ W ~ ~ t-T1=_ .. . ~ r ~~-., cn ~'` i ; =~ c;; -C ~' W ~ D ~ „'. ~ ~ ~ ~ ':: .._ CJ 1 ? ?£3i I:jr.? C?" Ti -rt Stephen Moniak, Esquire lt- f " Supreme Court ID #80035 PA RHOADS & SINON LLP + f q 1u 1C 2 Q One South Market Sqr., 12`h Floor a f . 4 P.O. Box 1146 Harrisbur PA 17108-1146 Cut El?LA tjD COUNT F g, ENt4b Y y ?? (717) 237-6732 -Telephone (717) 238-8622 - Facsimile smoniak@rhoads-sinon.com Counsel for Defendant Louis F. Gra mmes MARY BETH SPUHLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 11-6475 CIVIL TERM LOUIS F. GRAMMES, CIVIL ACTION - LAW Defendant NOTICE TO PLEAD TO: Mary Beth Spuhler c/o Elliot A. Strokoff, Esquire Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, PA 17108-1903 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. RHOADS & SINON LLP By: ephen Moniak PA Supreme Court ID #80035 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Louis F. Grammes 835478.1 Stephen Moniak, Esquire PA Supreme Court ID #80035 R-HOADS & SINON LLP One South Market Sqr., 12`h Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 237-6732 - Telephone (717) 238-8622 - Facsimile smoniak@rhoads-sinon.com Counsel for Defendant Louis F. Grammes MARY BETH SPUHLER, Plaintiff V. LOUIS F. GRAMMES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6475 CIVIL TERM CIVIL ACTION - LAW ANSWER TO AMENDED COMPLAINT WITH COUNTERCLAIM Defendant, Louis F. Grammes, by his attorneys, Rhoads & Sinon LLP, files the within Answer to Amended Complaint with New Matter and Counterclaim, stating as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted only that Plaintiff and Defendant have served as agents for Massachusetts Mutual Life Insurance Company and its affiliates for a period of time. It is denied that both Plaintiff and Defendant have always "transacted business out of the offices situate in Camp Hill, Cumberland County, Pennsylvania." 4. Denied as stated. It is admitted only that Plaintiff and Defendant would on occasion work together to solicit new clients for Mass Mutual. The remaining allegations in this paragraph are denied. 5. Denied as stated. It is admitted only that Plaintiff and Defendant would on occasion share "first year commissions" (hereafter "FYC") and/or "renewal year commissions" (hereafter "RYC") on "joint clients". It is denied that Plaintiff and Defendant would always "equally divide" FYC and RYC for all joint clients in every instance. By way of further answer, the allegations in this paragraph relate to matters Plaintiff raised and lost in binding arbitration before FINRA in 2012. This Honorable Court affirmed the arbitration award by Judgment dated September 21, 2012 which is incorporated by reference as if fully set forth herein. The remaining allegations in this paragraph are denied. 6. Denied. The allegations in this paragraph relate to matters Plaintiff raised and lost in binding arbitration before FINRA in 2012. This Honorable Court affirmed the arbitration award by Judgment dated September 21, 2012 which is incorporated by reference as if fully set forth herein. Admitted in part and denied in part. Defendant is without knowledge or information sufficient to form a belief as to when Plaintiff "discovered" that Defendant "had written in 2006 a life insurance policy for S.F," and therefore that allegation is denied. It is admitted only that Defendant wrote a life insurance policy for S.F. in 2006. By way of further answer, in 2006, S.F., the client, requested that Plaintiff was no longer to be on the account. Defendant complied with the client's request, and did not include Plaintiff in the application. 8. Denied as stated. "S.F.'s policy application" is a document which speaks for itself and any characterization by Plaintiff as to the nature or contents thereof is denied. It is denied that Plaintiff has been "deprived" of any commissions by Defendant. By way of further answer, it admitted that $3,288 in FYC were generated on this policy, but it is denied that $3,145 in RYC were generated for the subject policy. The remaining allegations in this paragraph are denied. 2 9. Denied as stated. It is admitted that Plaintiff brought her allegations to Defendant's attention and that Defendant indicated in a voicemail to Plaintiff that he would attempt to resolve the issue if any error was made on his part. 10. Admitted in part and denied in part. It is admitted only that Defendant has not paid Plaintiff the commissions which she alleges for S.F.'s 2006 life insurance policy, but it denied said commissions are owed. The remaining allegations in this paragraph are denied. 11. Admitted in part and denied in part. Defendant is without knowledge or information sufficient to form a belief as to when Plaintiff "discovered" that Defendant "had written in an application on January 19, 2011 for conversion of a term life insurance policy for C.S.B., the son of J.A.B.," and therefore that allegation is denied. It is admitted only that Defendant wrote an application for conversion of a term life insurance policy for C.S.B. on or about January 19, 2011. The commission split in this particular application was in error, and Defendant promptly corrected the commission split to 50% Plaintiff and 50% Defendant before the application was submitted to the Home Office for approval. Plaintiff received all the commissions to which she was entitled with respect to this matter. The remaining allegations are denied. 12. Denied. It is denied that Defendant "executed a document contrary to the Oral Agreement to equally divide commissions." As to what and when Plaintiff "discovered" and whether she retained a copy of the application, Defendant is without knowledge or information sufficient to form a belief, and therefore those allegations are denied. 13. Admitted in part and denied in part. It is admitted only the Plaintiff raised with Defendant her allegations that she was entitled to 50% of the FYC and RYC on this policy. Plaintiff in fact received 50% of the FYC and RYC commissions on this policy, which is all the commissions to which she was entitled with respect to this policy. The remaining allegations in this paragraph are denied. 14. Denied as stated. It is admitted only that Defendant showed Plaintiff a copy of the corrected policy application reflecting a 50% split between Plaintiff and Defendant on this policy before it was sent to the Home Office for approval. Defendant did not tell Plaintiff "that she was mistaken." The remaining allegations in this paragraph are denied. 15. Admitted in part and denied in part. It is admitted only that Plaintiff showed Defendant a copy of the policy application containing the error. Defendant told Plaintiff that the policy application had been corrected reflecting a 50% split between Plaintiff and Defendant and showed her a copy of the policy before it was sent to the Home Office for approval. The remaining allegations in this paragraph are denied. 16. Denied. It is denied that "Defendant may have made similar contracts without her knowledge which deprived her of her 50% share of commissions in accordance with their long standing Oral Agreement." Defendant is without knowledge or information sufficient to form a belief as to whether and when Plaintiff "began to search for documentation prepared by the Defendant for S.F. and his relatives and business affiliates," and that allegation is denied. 17. Denied as stated. Defendant is without knowledge or information sufficient to form a belief as to when Plaintiff "discovered" the subject policy, and that allegation is denied. The subject policy is a written document which speaks for itself and any characterization by Plaintiff as to the nature or contents thereof is denied. It is denied that Plaintiff is entitled to any commissions on this policy. By way of further answer, because of the work required on all the policies, Defendant and Plaintiff agreed that Defendant would receive 100% RYC on this policy. Plaintiff received 100% of the commissions on the individual retirement accounts for C.F. and 4 S.F. from 1999 through present. It is admitted that $1,880.80 in commissions were generated on this policy. The remaining allegations in this paragraph are denied. 18. Denied. The allegations in this paragraph relate to matters Plaintiff raised and lost in binding arbitration before F1NRA in 2012. This Honorable Court affirmed the arbitration award by Judgment dated September 21, 2012 which is incorporated by reference as if fully set forth herein. 19. Denied. Defendant is without knowledge or information sufficient to form a belief as to these allegations and they are denied. 20. Admitted in part and denied in part. It is admitted only that a life insurance application dated March 15, 1.995 was written by Defendant, which is a document which speaks for itself. The remaining allegations in this paragraph are denied. 21. Admitted in part and denied in part. It is admitted only that Defendant received 100% of the FYC and that Plaintiff received 50% of RYC and Defendant received 50% of RYC on this policy. Plaintiff and Defendant agreed to this split at the time. It is denied that Plaintiff was owed 501o FYC on this policy. As to when Plaintiff allegedly "discovered" this policy, Defendant is without knowledge or information sufficient to form a belief as to this allegation and it is denied. 22. Denied. It is specifically denied that Defendant ever "concealed" any document from Plaintiff. It is further denied that Plaintiff and Defendant had the "Oral Agreement" alleged by the Plaintiff. 23. Admitted in part and denied in part. It is admitted only that Defendant issued the April 1, 2011 memo to Plaintiff in an attempt to resolve and settle the dispute. That document is a writing which speaks for itself and any characterization as to the nature or contents thereof by 5 Plaintiff is denied. By way of further answer, Defendant has attempted further efforts to resolve this dispute which have been rejected by the Plaintiff. 24. Denied as stated. It is admitted only that Defendant wrote the life policy on C.S.B. in 2009. The policy is a writing which speaks for itself and any characterization as to the nature or contents thereof by Plaintiff is denied. It is denied said policy or its commissions were "contrary to the Oral Agreement" alleged by Plaintiff and that Plaintiff has been deprived of any commissions. As to when Plaintiff allegedly "discovered" this policy, Defendant is without knowledge or information sufficient to form a belief as to this allegation and it is denied. By way of further answer, 50% of the commissions on this policy total $17.00 in FYC and $34.00 in RYC. 25. Denied. The allegations in this paragraph relate to matters Plaintiff raised and lost in binding arbitration before FINRA in 2012. This Honorable Court affirmed the arbitration award by Judgment dated September 21, 2012 which is incorporated by reference as if fully set forth herein. COUNT I - BREACH OF CONTRACT 26. Defendant incorporates his responses to paragraph 1-25 herein as if fully set forth. 27. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent a response is required the allegations are denied. It is specifically denied that Plaintiff and Defendant were "obliged to equally divide" FYC and RYC on all joint clients. By way of further answer, the allegations in this paragraph relate to matters Plaintiff raised and lost in binding arbitration before FINRA in 2012. This Honorable Court 6 affirmed the arbitration award by Judgment dated September 21, 2012 which is incorporated by reference as if fully set forth herein. 28. Admitted in part and denied in part. It is admitted only that Plaintiff and Defendant worked together to write applications for several joint clients. The remaining allegations in this paragraph are denied. 29. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent a response is required the allegations are denied. It is specifically denied that Defendant has always "shared equally" in FYC and RYC from joint clients with Plaintiff. 30. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent a response is required the allegations are denied. By way of further answer, the allegations in this paragraph relate to matters Plaintiff raised and lost in binding arbitration before FINRA in 2012. This Honorable Court affirmed the arbitration award by Judgment dated September 21, 2012 which is incorporated by reference as if fully set forth herein. 31. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent a response is required the allegations are denied. By way of further answer, the allegations in this paragraph relate to matters Plaintiff raised and lost in binding arbitration before FINRA in 2012. This Honorable Court affirmed the arbitration award by Judgment dated September 21, 2012 which is incorporated by reference as if fully set forth herein. 32. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent a response is required the allegations are denied. By way 7 of further answer, Defendant has attempted further efforts to resolve this dispute which have been rejected by the Plaintiff. 33. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent a response is required the allegations are denied. By way of further answer, it is denied that Defendant has not been truthful with Plaintiff, that he "intentionally removed" Plaintiff from receiving commissions, and that there are "other commissions for clients" owed to Plaintiff. By way of further answer, the allegations in this paragraph relate to matters Plaintiff raised and lost in binding arbitration before FINRA in 2012. This Honorable Court affirmed the arbitration award by Judgment dated September 21, 2012 which is incorporated by reference as if fully set forth herein. 34. Denied. The allegations in this paragraph constitute conclusions of law to which no response is required. To the extent a response is required the allegations are denied. By way of further answer, it is denied that Defendant is entitled to any commissions, present or future. By way of further answer, the allegations in this paragraph relate to matters Plaintiff raised and lost in binding arbitration before FINRA in 2012. This Honorable Court affirmed the arbitration award by Judgment dated September 21, 2012 which is incorporated by reference as if fully set forth herein. WHEREFORE, Defendant demands dismissal ofthe amended complaint with prejudice. COUNT II - UNJUST ENRICHMENT (IN THE ALTERNATIVE) 35. Defendant incorporates his responses to paragraph 1-34 herein as if fully set forth. 8 36. Denied. It is specifically denied that Defendant "intentionally omitted" or "concealed" any information from Plaintiff. It is further denied that Plaintiff is owed any commissions from Defendant. 37. Denied. It is specifically denied that Defendant omitted Plaintiff from paperwork "for the express purpose of retaining Plaintiff's portion of the commission." 38. Denied. It is specifically denied that Defendant "failed and refused" to equally share the commissions from the alleged client cases. By way of further answer, the allegations in this paragraph relate to matters Plaintiff raised and lost in binding arbitration before FINRA in 2012. This Honorable Court affirmed the arbitration award by Judgment dated September 21, 2012 which is incorporated by reference as if fully set forth herein. 39. Denied. It is specifically denied that Defendant "misrepresented" himself to the detriment of Plaintiff. 40. Denied. It is specifically denied that Defendant committed fraud. 41. Denied. It is specifically denied that Defendant committed "intentional misrepresentations and fraudulent removals or omissions of Plaintiff's name from paperwork." It is further denied that Plaintiff is owed any commissions from Defendant. 42. Denied. It is denied Defendant is not entitled to the commissions he has received. By way of further answer, the allegations in this paragraph relate to matters Plaintiff raised and lost in binding arbitration before FINRA in 2012. This Honorable Court affirmed the arbitration award by Judgment dated September 21, 2012 which is incorporated by reference as if fully set forth herein. 9 43. Denied. It is denied Defendant unjustly benefited and that he committed "intentional omissions and concealed breaches of the Oral Agreement with the Plaintiff." Defendant incorporates his response to paragraph 5 above as if fully set forth. WHEREFORE, Defendant demands dismissal of the amended complaint with prejudice. NEW MATTER 1. Plaintiff has failed to state a claim upon which relief can be granted. 2. Plaintiffs claims are barred, in whole or in part, by the applicable statute of limitations. 3. Plaintiffs claims are barred, in whole or in part, by the doctrine of accord and satisfaction. 4. Plaintiff s claims are barred, in whole or in part, by the doctrine of consent. 5. Plaintiff s claims are barred, in whole or in part, by the doctrines of res judicata, collateral estoppels, and issue preclusion. 6. In February 2012, while this action was stayed in favor of arbitration, Plaintiff filed a Statement of Claim initiating mandatory arbitration proceedings with FINRA, alleging that she and Defendant agreed orally to an equal split of all commissions on joint clients they worked on together. On August 15, 2012, FINRA issued an Arbitration Award which rejected Plaintiffs' claims in their entirety. 8. On or about September 21, 2012, the Honorable Kevin A. Hess issued an Order confirming the August 15, 2012 Arbitration Award rendered by FINRA in the following matter: Mary Beth Fischer Spuhler v. Louis Frank Grammes; FINRA Dispute Resolution Arbitration No. 12-00373 (hereafter, the "Judgment"). 10 9. Plaintiff's remaining claims in this action are factually and legally based on the claims she pursued and lost in the FINRA arbitration proceedings, and therefore are barred from being relitigated. 10. Plaintiff's claims are barred, in whole or in part, by the doctrine of failure of consideration. 11. Plaintiff's claims are barred, in whole or in part, by justification. 12. Plaintiff s claims are barred, in whole or in part, by laches. 13. Plaintiff's claims are barred, in whole or in part, by the statute of frauds. 14. Plaintiff's claims are barred, in whole or in part, by her own wrongful retention of commissions. 15. Plaintiff's claims are barred, in whole or in part, based upon her actual knowledge or failure to use reasonable diligence in determining her claims for commissions. 16. To the extent Plaintiff is entitled to recover on any of her claims, which is denied, any such amount must be offset or set-off by the commissions which Plaintiff has unjustly retained from Defendant. 17. Plaintiffs' claims are barred, in whole or in part, by her failure to mitigate damages, if any. 18. Plaintiff's claim for unjust enrichment is barred by the agreement upon which Plaintiff alleges her right to relief in this lawsuit. 19. Plaintiff's claims are barred, in whole or in part, by the actions of third parties to which Defendant had no control. 20. Plaintiff's claims are barred by her failure to join a necessary or indispensible party to this lawsuit. 11 COUNTERCLAIM In the event this action is not barred by the Judgment, Defendant brings the following Counterclaim against Plaintiff: 1. At all relevant times hereto, Plaintiff and Defendant served as agents for Massachusetts Mutual Life Insurance Company and/or its affiliates. 2. At times, Plaintiff and Defendant would work together to solicit new clients (hereafter, "joint clients") 3. Plaintiff and Defendant orally agreed to apportion the commissions earned on joint clients according to the circumstances of each case, and other cases or circumstances between the parties. There was never any written agreement among the parties. 4. For example, in some cases, Defendant and Plaintiff equally split First Year Commissions ("FYC"), and Defendant received 100% of the Renewal Year Commissions ("RYC"). In other cases, the FYC and RYC would be split 50% Plaintiff and 50% Defendant. Still in other cases, involving retirement products, commissions would sometimes be split 50% John Boynton (who served as a third party administrator to the client's plan), 25% Plaintiff and 25% Defendant. The percentages changed depending on the circumstances. 5. The reason for this approach was that the agent doing the majority or all of the serving work on the account would generally be entitled to all the renewal commissions. This is a general practice in the industry. 6. To the extent the Court finds that Plaintiff is entitled to receive 50% of all RYC and FYC on all joint clients, which Defendant denies, then Plaintiff owes Defendant commissions involving numerous joint clients where she retained greater than 50% of the commissions. 12 7. E.R. who is an employee of C.S.B. at Y.V. was a joint client of Plaintiff and Defendant. There was one life policy written for this joint client. Plaintiff received 100% of the commissions on this case. Defendant is entitled to one-half of these commissions in an amount which is presently unknown because Plaintiff has exclusive access to the amounts of the commissions. (Given the confidential nature of the information on this account, a print-out identifying the contracts referenced above and indicating that Plaintiff was listed as receiving 100% commissions is being sent to Plaintiff contemporaneous with the filing of this Counterclaim). 8. P.F.H., J.H., G.H. and D.E. were joint clients of Plaintiff and Defendant. Plaintiff and Defendant split FYC and RYC equally on nine (9) life insurance policies. Six (6) life insurance policies were also written for these joint clients. Plaintiff received 100% of the commissions on these cases. Defendant is entitled to one-half of these commissions in an amount which is presently unknown because Plaintiff has exclusive access to the amounts of the commissions. (Given the confidential nature of the information on this account, a print-out identifying the contracts referenced above and indicating that Plaintiff was listed as receiving 100% commissions is being sent to Plaintiff contemporaneous with the filing of this Counterclaim). 13 9. J.T. is a relative of P.F.H. and thus a joint client of Plaintiff and Defendant. Plaintiff and Defendant split FYC and RYC equally on three (3) life insurance policies for these joint clients. Three additional (3) life insurance policies were written for this joint client. Plaintiff received 100% of the commissions on these cases. Defendant is entitled to one-half of these commissions in an amount which is presently unknown because Plaintiff has exclusive access to the amounts of the commissions. (Given the confidential nature of the information on this account, a print-out identifying the contracts referenced above and indicating that Plaintiff was listed as receiving 100°io commissions is being sent to Plaintiff contemporaneous with the filing of this Counterclaim). 10. D.E. is a relative of P.F.H. and thus a joint client of Plaintiff and Defendant. Plaintiff and Defendant split FYC and RYC equally on four (4) life insurance policies for these joint clients. Four additional (4) insurance policies were written for this joint client. Plaintiff received 100% of the commissions on these cases. Defendant is entitled to one-half of these commissions in an amount which is presently unknown because Plaintiff has exclusive access to the amounts of the commissions. (Given the confidential nature of the information on this account, a print-out identifying the contracts referenced above and indicating that Plaintiff was listed as receiving 100% commissions is being sent to Plaintiff contemporaneous with the filing of this Counterclaim). 11. Defendant is not presently aware of all the commissions amounts on the above- referenced joint clients, but such information is within the possession, custody or control of Plaintiff because it was paid to her. Thus, Defendant will seek said information from Plaintiff in discovery, if necessary. 14 12. Defendant is entitled to 50% of the all the commissions on the aforementioned joint clients. 13. Plaintiff has retained 100% of the commissions on the aforementioned joint clients unjustly. 14. Despite the exercise of reasonable diligence, Defendant has recently learned of Plaintiff's retention of the commissions on the aforementioned joint clients. COUNT I - BREACH OF ORAL CONTRACT 15. Defendant incorporates paragraphs 1-14 of his counterclaim herein as if fully set forth. 16. Plaintiff and Defendant orally agreed that for the aforementioned joint clients, Plaintiff and Defendant would equally share all FYC and RYC. 17. Contrary to this oral agreement, Plaintiff has taken for herself 100% of the FYC and/or RYC for the aforementioned joint clients. 18. By so doing, Plaintiff has breached the oral agreement. 19. Defendant has suffered damages in the form of 50% of the FYC and RYC for the aforementioned joint clients, plus pre judgment and post judgment interest. 20. Although the precise amount of damages has not been determined, Plaintiff is in possession of the documentation substantiating Defendant's damages, having unjustly retained 100% of the same. WHEREFORE, Defendant demands judgment in his favor on his counterclaim against Plaintiff in an amount estimated to be at least $26,000 but presently believed to be less than the jurisdictional limits for compulsory arbitration, plus pre judgment interest, post judgment interest, costs of suit and any other relief the Court deems appropriate. 15 COUNT II - UNJUST ENRICHMENT (IN THE ALTERNATIVE) 21. Defendant incorporates paragraphs 1-2 and 6-14 of his counterclaim herein as if fully set forth. 22. Alternatively, and to the extent no enforceable agreement is found to exist, Defendant states a claim for unjust enrichment against Plaintiff. 23. Defendant conferred a benefit upon Plaintiff by consulting with Plaintiff, assisting and/or servicing the aforementioned joint clients. 24. Plaintiff appreciated and accepted the benefits conferred by Defendant upon her by enjoying business from the aforementioned joint clients and profiting thereon by retaining 100% of the commissions associated therewith. 25. It would be inequitable for Plaintiff to retain 100% of the benefits conferred upon her by retaining all the commissions associated with the aforementioned clients without paying 50% of the commissions to Defendant. 16 WHEREFORE, Defendant demands judgment in his favor on his counterclaim against Plaintiff in an amount estimated to be at least $26,000 but presently believed to be less than the jurisdictional limits for compulsory arbitration, plus pre judgment interest, post judgment interest, costs of suit and any other relief the Court deems appropriate. Respectfully submitted, RHOADS & SINON LLP Dated: December 19, 2012 By: 'zz" ?em-z" -?' ov t phen i PA Supreme Court ID #80035 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Louis F. Grammes 17 VERIFICATION Louis F. Grammes, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he makes this verification by its authority and that the facts set forth in the Answer to Amended Complaint with Counterclaim are true and correct to the best of his knowledge, information and belief. !°u- 1r 11, Date Louis . Grammes CERTIFICATE OF SERVICE I hereby certify that on this / 9 ? day of December, 2012, a true and correct copy of a Answer to Amended Complaint with Counterclaim was served by means of United States mail, first class, postage prepaid, upon the following: Elliot A. Strokoff, Esquire Jennifer A. Nachamkin, Esquire Strokoff & Cowden, P.C. 132 State Street P.O. Box 11903 Harrisburg, PA 17108-1903 Counsel for Plaintiff W Teresa H. Laughead 2013 JAN -8 pII I ? c 9 CtrMBERtAr AND COUN ;, PENNS YLVANIA Elliot A. Strokoff, Esq. Strokoff & Cowden, P.C. 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 eas@strokoffandcowden.com Mary Beth Spuhler, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6475-CIVIL Louis F. Grammes, Defendant : Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Elliot A. Strokoff, Esq. Strokoff & Cowden, P.C. 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 eas@strokoffandcowden.com Mary Beth Spuhler, Plaintiff V. Louis F. Grammes, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-6475-CIVIL : Jury Trial Demanded AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Elliot A. Strokoff, Esq. Strokoff & Cowden, P.C. 132 State Street PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 eas@strokoffandcowden.com Mary Beth Spuhler, Plaintiff V. Louis F. Grammes, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6475-CIVIL Jury Trial Demanded PLAINTIFF'S ANSWER TO NEW MATTER, ANSWER TO DEFENDANT'S COUNTERCLAIM AND NEW MATTER AND NOW, comes Plaintiff, Mary Beth Spuhler, by and through her attorneys Strokoff & Cowden, P.C. and hereby files the following Answer to New Matter, Answer to Defendant's Counterclaim and New Matter averring as follows: ANSWER TO NEW MATTER 1-5. The allegations are conclusions of law to which no response is required; and they are therefore denied. 1 6. Admitted in part, denied in part. It is admitted that Plaintiff and Defendant had a long-standing and ongoing oral agreement that if a collaboration on a solicitation of a new client would result in the issuance of an insurance or annuity contract by Mass Mutual, they would equally divide the Agent's initial commission and the Agent's renewal commissions for the new client, as well as any derivative or referral business from that new client, including Mass Mutual contracts written for the client's relatives, or affiliated businesses or individuals affiliated with the business client (hereafter Oral Agreement). By way of further response, it is denied that Plaintiff herein or at any time has averred that "she and Defendant agreed orally to an equal split of all commissions." Responding further, the Statement of Claim referred to in this paragraph is a document that speaks for itself and it is the best evidence thereof. Any characterizations made in this paragraph regarding its contents or Plaintiff's allegations made therein are expressly denied. 7. Admitted in part, denied in part. The Arbitration Award referred to in this paragraph is a document that speaks for itself, and it is the best evidence thereof. It is denied that the Arbitration Award states with any specificity which claims were rejected. It is expressly denied that FINRA had jurisdiction to decide matters related to disputes over the sale of life insurance products or that either party agreed to submit disputes regarding the sale of life insurance products to the jurisdiction of the arbitrator. By 2 way of further response, the Award also rejected Defendant's claims in their entirety. 8. Admitted. 9. To the extent the allegation is a conclusion of law no response is required; and it is therefore denied. Responding further Plaintiff incorporates by reference averments and the basis of her demand for "at least $10,322 in lost commissions" arising from disputes over the commissions on the sale of life insurance policies which were not subject to arbitration. (See Amended Complaint IT 7, part of 8, 9-17, 19-24, 27-29, 33, 34, 36-43). 10-15. These paragraphs contain legal conclusions to which no response is required and they are therefore denied. 16. This paragraph contains a legal conclusion to which no response is required, and it is therefore denied. Responding further it is expressly denied that Plaintiff owes any commissions to Defendant. 17-20. These paragraphs contain legal conclusions to which no response is required and they are therefore denied. ANSWER TO DEFENDANT'S COUNTERCLAIM 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is expressly denied that there were agreed upon terms in the parties' Oral Agreement "to apportion the 3 commissions earned on joint clients according to the circumstances of each case and other cases or circumstances between the parties." 4. Admitted in part, denied in part. Plaintiff is without sufficient information to form a response as to what Defendant means by "some cases" and/or which circumstances and/or the example to which Defendant refers in this paragraph and those allegations are denied and strict proof thereof is demanded, if deemed relevant. It is admitted that the parties agreed not to equally split commissions of the life insurance accounts of P.F.H. and his relatives on a 50-50 basis, because before 1994, P.F.H. was not a joint client as contemplated by the Oral Agreement. Responding further, it is denied that any cases "involving retirement products" are relevant in this matter. By way of further answer, the allegations in this paragraph relate to matters Defendant raised and lost in binding arbitration before FINRA in 2012. This Honorable Court affirmed the arbitration award by Judgment dated September 21, 2012 which is incorporated by reference as if fully set forth herein. It is expressly denied that the "percentages changed depending upon the circumstances." 5. Denied that the referenced "approach" was undertaken by the parties, or that the parties based the amount of the commission split as a result of the amount of work performed on any given joint account. It is further denied that Defendant has established any basis for his authority to state what is "a general practice in the industry." 4 6. Admitted that Plaintiff is entitled to receive 50% of commissions. It is expressly denied that Defendant is entitled to any commissions in any amount, present or future and strict proof of same is demanded, if deemed relevant. Responding further, it is expressly denied that Plaintiff has herein or at any time used the word "all" in any of her pleadings describing entitlement to 50% commissions on joint clients. 7. Admitted in part, denied in part. It is admitted that E.R. and C.S.B were employees of Y.V. and that Y.V. was a joint client. It is expressly denied that Plaintiff received 100% of the commissions for the policy written for E.R. named in this allegation, and strict proof of same is demanded, if deemed relevant. Responding further, the life insurance policy for E.R. was written in May 1997 after Plaintiff discovered and confronted Defendant with his breach of the Oral Agreement on the life insurance policy of C.S.B in January 1997. When E.R.'s policy was written, Defendant increased Plaintiff's commission on the policy in restitution for Defendant after he had wrongfully taken 100% of the commissions from the C.S.B. life insurance policy. Further, the policy for E.R. was written in Defendant's handwriting and he designated the commissions. Therefore, it expressly denied that Defendant did not agree to the split that was set forth therein. 8. Admitted in part denied in part. In 1994 and thereafter, P.F.H., J.H., G.H. and D.E. were joint clients and all FYC's and RYC's were equally shared. Prior to 1994 P.F.H., J.H., G.H. and D.E. were Plaintiff's 5 clients, not joint clients. It is denied that the parties shared equally the commissions of any policies written prior to 1994, as part of the Oral Agreement between the parties. It is admitted that Plaintiff shared some of the commissions with Defendant on a case by case basis from the time of her hire in 1982 and prior to 1994. Responding further, it is denied that Defendant is entitled to any commissions for the clients named in this allegation and strict proof of same is demanded at trial, if deemed relevant. 9. Admitted in part denied in part. In 1994 and thereafter, J.T. was a joint client and all FYC's and RYC's were equally shared. Prior to 1994, however, J.T. was Plaintiff's client exclusively, not a joint client. It is denied that the parties shared equally the commissions of any policies written prior to 1994, as part of the Oral Agreement between the parties. It is admitted that Plaintiff shared some of the commissions with Defendant on a case by case basis from the time of her hire in 1982 and prior to 1994. Responding further, it is denied that Defendant is entitled to any commissions for the client named in this allegation and strict proof of same is demanded at trial, if deemed relevant. 10. Admitted in part denied in part. See Plaintiff's response to ¶ 8, where D.E. referenced by Defendant. 11. Denied. The allegations in this paragraph regarding information about which Defendant is aware is beyond the control or knowledge of Plaintiff. By way of further answer, it is expressly denied that 6 Defendant is entitled to any commissions for the clients named in his Counterclaim and Defendant's lack of knowledge of the basis of his claim wholly undermines the veracity of any claims that he has any basis for recovery against Plaintiff. 12. Denied. By way of further answer, it is expressly denied that Defendant is entitled to any commissions for any of the clients named in his Counterclaim either present or future, and strict proof of same is demanded, if deemed relevant. 13. Denied. By way of further answer, please refer to Plaintiff's responses to 116-10. 14. To the extent this paragraph contains a conclusion of law, requiring no response, it is denied. It is expressly denied that Defendant has exercised reasonable diligence or that Defendant is entitled to any commissions as stated in his Counterclaim and strict proof of same is demanded, if deemed relevant. 15. This paragraph of incorporation requires no response. Plaintiff incorporates by reference as if stated in full the averments set forth in ¶¶ 7, part of 8, 9-17, 19-24, 27-29, 33, 34, 36-43 of the Amended Complaint as well as all statements in paragraphs 1-14 herein as if stated at length. 16. Denied. By way of further response, the aforementioned clients for the aforementioned reasons were exempt from the parties' Oral 7 Agreement either because they were not joint clients (See Responses to ¶¶ 8- 10 above); or because Defendant wrote a policy designating an increased commission to Plaintiff. (See 17 above). Responding further, it is expressly denied that Defendant is entitled to any commissions for any of the clients named in his Counterclaim and strict proof of same is demanded, if deemed relevant. 17. Denied. It is expressly denied that Plaintiff has taken for herself any commissions to the exclusion of Defendant. Strict proof of these allegations is demanded, if deemed relevant. By way of further answer, it is denied that Defendant is entitled to any commissions, past or present and strict proof of same is demanded, if deemed relevant. 18. To the extent this paragraph contains a conclusion of law, requiring no response, it is denied. 19. Denied. To the extent this paragraph contains conclusions of law, requiring no response, they are denied. It is expressly denied that Defendant is entitled to any commissions, past or present. 20. Denied. It is expressly denied that Defendant is entitled to any commissions, past or present and strict proof of same is demanded if deemed relevant. 21. This paragraph of incorporation requires no response. Plaintiff incorporates by reference as if stated in full the averments set forth in ¶¶ 7, part of 8, 9-17, 19-24, 27-29, 33, 34, 36-43 of the Amended 8 Complaint as well as all statements in paragraphs 1-20 herein as if stated at length. 22-25. Denied. These paragraphs contain legal conclusions to which no response is required and they are therefore denied. Responding further, it is expressly denied that Defendant is entitled to any commissions, past or present. PLAINTIFF'S NEW MATTER TO COUNTERCLAIM 26. Plaintiff incorporates by reference as if stated in full the averments set forth in T¶ 7, part of 8, 9-17, 19-24, 27-29, 33, 34, 36-43 of the Amended Complaint, Plaintiffs responses set forth in paragraphs 1-20 of Plaintiffs Answer to Defendant's New Matter and paragraphs 1-25 of Plaintiffs Answer to Defendant's Counterclaim. 27. Defendant failed to state a claim upon which relief can be granted. 28. Defendant failed to allege facts with sufficient specificity to support his claim for relief. 29. One or all of Defendant's claims are time-barred. 30. One or all of Defendant's claims are barred under the doctrine of laches. 31. Defendant is estopped from asserting a claim for relief against Plaintiff. 9 32. Defendant has waived his claim for relief. WHEREFORE, Plaintiff prays for judgment in her favor and against Defendant and that Plaintiff be awarded costs, expenses and attorneys' fees, and for any such other relief as the court may deem appropriate and just. Respectfully submitted, STROKOFF 8v COWDEN, P.C. By: .?P liot Stro off No. 16677 ennifer A. Nachamkin I.D. No. 200931 DATE: 1/8/13 132 State Street, PO Box 11903 Harrisburg, PA 17108-1903 (717) 233-5353 10 Mary Beth Spuhler, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 11-6475-CIVIL Louis F. Grammes, Defendant : Jury Trial Demanded VERIFICATION I, Mary Beth Spuhler, certify that the statements made in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Ak - DATE: 2-D MARY TH SPUHLER Mary Beth Spuhler, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-6475-CIVIL Louis F. Grammes, Defendant : Jury Trial Demanded CERTIFICATE OF SERVICE I, the undersigned, certify that I have this day served a true and correct copy of the foregoing Petition for Special Relief by first-class mail, postage prepaid, on the following person(s): Stephen Moniak, Esq. Rhoads & Sinon PO Box 1146 Harrisburg, PA 17108 Dated: 1/8/13 By: ni A. achamkin MARY BETH SPUHLER, ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF/COUNTER CLAIM DEFENDANT, V. NO. 11-6475-CIVIL LOUIS F. GRAMMES, JURY TRIAL DEMANDED DEFENDANT/COUNTER CLAIM PLAINTIFF JOINT PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY: Kindly discontinue this action with prejudice, including all claims and counterclaims. Strokoff& Cowden,P.C. Rhoads & Sinon LLP Je r A. c i , Esquir tephen oniak, Esquire 13 St e Stre t One South Market Square P. EB 11903 P. O. Box 1146 Harr g, PA 17108-1903 Harrisburg, PA 17108-1146 Attorney for Plaintiff Attorney for Defendant c _ rim m : X m r*7 r r- ={'`"- '0 -ufrt I CJ :zc:) CO •r CERTIFICATE OF SERVICE I hereby certify that on this 3 day of September, 2013, a true and correct copy of the foregoing Joint Praecipe to Discontinue with Prejudice was served by means of United States mail, first class,postage prepaid, upon the following: Stephen Moniak, Esquire Rhoads & Sinon LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Louis F. Grammes C Jeaffer Na amki