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HomeMy WebLinkAbout12-7485~F Tf~E ~'F7~TF~t7~3~7~tit~'{ ~~r~ arc i ~ ~~ ~i: ~~ ~~T''~~%.f~~.Ati~Q C~llNTY ~'~>`~~SYLVANl'~ LINCOLN S. MILLER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE MECHANICSBURG CLUB, Defendant NO. nr-~t,gs ClV I~ 20 Or "I Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHF,RE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 w,,~ ~~~3 r~Spd °' ~`1 ~~ a s~9 S Karl R. Hiidabrand, Esquire Lavery Faherty Patterson 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA30102 khildabrand@laverylaw. com Attys for Plaintiff LINCOLN S. MILLER, JR., . Plaintiff, v. , THE MECHANICSBURG CLUB, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN EQUITY COMPLAINT IN EQUITY 1. The Plaintiff, Lincoln S. Miller, Jr., is an adult individual residing at 3413 Highlands Bridge Road, Sarasota, Florida 34235-5121. 2. The Defendant, The Mechanicsburg Club, is a corporation organized and doing business under the laws of the Commonwealth of Pennsylvania with a principal place of operation located at 333 Heinz Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. At all times relevant herein, the Plaintiff was a member of the aforesaid Defendant. 4. On January 18, 2009, the Plaintiff was at the aforesaid club engaged in a conversation with another member of the club. 5. Gerald Bender, another member of the club, overheard the conversation between the Plaintiff and the other member of the club and interjected negative comments directed toward the Plaintiff, who informed Mr. Bender that he was not part of the conversation and to keep out of his business. 6. Gerald Bender, on the date specified, and at all times relevant to the within Complaint, was the Treasurer of the Defendant. 7. Without informing the Plaintiff of any charge against him or offering him the right to be heard, the Defendant suspended his membership privileges on the alleged basis that the Plaintiff had engaged in conduct unbecoming a member. 8. Without any notice to the Plaintiff or any hearing, the Defendant did cause a letter dated January 19, 2009, to issue to the Plaintiff informing him that his membership rights were suspended for conduct unbecoming a member. Attached hereto, marked as Exhibit "A" and incorporated herein by reference as a true and correct copy of said letter. 9. In addition to the foregoing, the Defendant published the aforesaid charges by attaching them to the club's bulletin board for all members to see and review. 10. By letter dated January 21, 2009, the Plaintiff responded to the Defendant's aforesaid January 19, 2009 letter. Attached hereto, marked as Exhibit "B" and incorporated herein by reference is a true and correct copy of said letter. 11. The Defendant did not: respond to Plaintiff's January 21, 2009 letter. 12. When Defendant failed to reply to his letter of January 21, 2009, Plaintiff sent another letter dated February 7, 2009, to Defendant, protesting the Defendant's conduct and requesting information. Attached hereto, marked as Exhibit "C" and incorporated herein by reference as a true and correct copy of said letter. 13. The Defendant failed to respond to Plaintiff's two letters and instead issued a second discipline on February 10, 2009, with the unfounded charge that the Plaintiff was "sending club business to non-members via electronic e-mail." It was determined by the 2 governing body of Defendant that these actions were such as to mar the peace and harmony of the club as a whole. Attached hereto, and marked as Exhibit "D" and incorporated herein by reference as a true and correct copy of the Defendant's letter. 14. On February 17, 2009, the Plaintiff responded to the Defendant's February 10, 2009 letter by his own letter denying that he had sent any e-mails to anyone addressing the Defendant's members. Attached hereto, and marked as Exhibit "E" and incorporated herein by reference as a true and correct copy of said letter. 15. With respect to both the January 19, 2009 and February 10, 2009 disciplinary letters, the Defendant issued those letters without giving the Plaintiff any notice of any charge or the opportunity to appear and defend himself against the charges contained therein. 16. The Defendant has barred the Plaintiff from entry upon and use of Defendant's facilities despite the fact that he holds a lifetime membership in the Defendant. 17. Despite requests from Plaintiff, Defendant has failed and refused to provide to Plaintiff, his membership card for 2009 or any year thereafter, in violation of his rights as a holder of a lifetime membership. 18. The vote of expulsion and discipline was illegal because the process for such action, which is prescribed by the Pennsylvania Non-Profit Corporation Law, 15 Pa. C.S. §2851- 1 et seq. was not followed 19. Plaintiff s expulsion and discipline was carried out without proper notice, trial, due process and conviction of Plaintiff. 2.0. The Defendant's actions were motivated by individual personality disputes and personal retribution, without investigation, notice, or Plaintiff given a reasonable opportunity to be heard. 21. Defendant's actions were taken in bad faith. 3 22. Defendant's disciplinary procedures as applied to the Plaintiff, failed to afford Plaintiff with a reasonable measure of due process. 23. The By Laws of the Defendant do not specifically define the matters for which Plaintiff was allegedly disciplined and the By Laws are unenforceably vague and resulted in the violation of Plaintiff s due process rights. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment reinstating Plaintiff as a member of The Mechanicsburg Club and recognize his rights and privileges as a member thereof. Furthermore, Plaintiff requests that the Court reverse, rescind and declare as invalid the Defendant's actions sanctioning Plaintiff and suspending Plaintiff's membership rights. Finally, Plaintiff requests that the Court direct Defendant to reimburse Plaintiff for his legal fees and expenses incurred in responding to Defendant's illegal and improper actions. Respectfully submitted, Lavery Faherty Patterson Karl R. Hildabrand, Esquire 225 Market Street, Suite 304 P.O. Box 1245 DATE: l~ ~~~ Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA30102 khi ldabrand@laverylaw. com Attys for Plaintiff 4 i_- - THL MECHANICSBURG CLUB 333 Heinz Street Mechanicsburg, Pa. 17055 January 19, 2009 Lincoln S. Miller Jr. 913 Peachtree Drive Mechanicsburg, PA. 17055 Dear Member I regret to inform you that at a special meeting of this organization held on Monday January 19, 2009 charges were brought against you ~or conduct unbecoming a member due to your actions at the bar on January 17 and 18,.2009. The Governing Body voted to dine you $25.00 as provided for in the by-laws. You immediately stand suspended from the club and all club activities until you have met the above. obligations. This being your first offense, as such, will be placed- on your permanent record and will remain there for a period of five (5) years. If after five (5) years, if there are no further offenses it will be removed from your record. 7f however, there should be a second offense within the five (5) year period, you will be permanently and irrevocably removed from the membership rolls. r ~erry A. Temple Secretary 913 Peachtree Drive 2Vlechanicsburg, PA 17055-7.504 Phone No. (717) 697-9470 January 21, 2009 Please:d~stribute o~lViessrs OriiZS, Renn~ger & Temple Mr.-7err>v A -`Temyle.aS~ecre~arv Amen~ded° The Mechanicsburg Club 333 Heinz Street Mechanicsburg, PA 17055-3211 RE: Letter of January 19, 2009 Dear Mr. Temple: Please be advised that I am in receipt of your letter to me, dated January 19, 20Q9. Correspondingly, please also be advised that I find said letter to be totally unacceptable, and therefore must, respectfully, reject it out of hand. The reasons for my above expressed position are twofold: (1) I did nothing wrong (i. e., "conduct unbecoming a member") on either of the alleged offense dates stated in your letter. In fact, being a life member of the Club, I must admit that I don't even know what the written definition of "conduct unbecoming a member" means and/or includes. Perhaps you could provide me with a written de ninon. And, (2) I cannot in good conscience accept the accusations made in your letter without at least the courtesy of a meting with the Governing Board, and aface-to-face meeting with my accuser. In light of the foregoing, I am hereby, respectfully, requesting aprivate/special meeting with the Governing Roard and my accuser, in order to effectively address the facts of thas rrzattPr ~~ as they actually are andlor occurred. Shou~d~you be decent enough and/or courteous enough to grant said request, please be advised that it would be my intention to bring witnesses to any such meeting. In this regard, I am also hereby, respectfully, requesting that you provide me with a complete list of the names andcial titles or those who serve on the Club's Governing Board, at least one week in advance,~any such meeting. r-- - Letter to''Jerry;A Temple, =S.ecretarp - Amended_ c/o The Mechanicsburg Club January 21, 2009 (continued) For your further information, instead of receiving a letter such as yours of January 19 2009, I was hoping for a letter of apology from yourself on behalf of the Club, wherein you regretted the behavior of our Treasurer. In fact, on January 17, 2009, he belligerently refused to give me a legitimate answer to a Legitimate question posed be me regarding an ambiguity in the Club's latest documented Meeting Minutes. Moreover, if you recall, it was you who suggested that I address said question to the Treasurer, which I, in fact, did. I ask you; Where is the "conduct unbecoming a member?" Then, on Sunday, January 18, 2009, the Treasurer intruded in a conversation, of which he was not a part, that I was having at the bar with another Club member. In so doing, he harassed me, and publicly embarrassed and humiliated me. ~s if that were not enough, he then sat at the end :of the bar and threatened me. Here again, I ask you; Where is the "conduct unbecoming a member," on my part,. or rather whatever the definition of same is; To whom should it be applied? In light of the Treasurer's herein above referenced personal behavior, I am sure that it is more than obvious why I would expect a letter of apology from the Club, as opposed to your lerter of January 19, 2009. Accordingly I shall await your documented response to me, in the hopes of bringing this most unforhinate matter to a satisfactory conclusion for both parties. In the meantime, I must, and am, hereby again, respectfully, rejecting your letter of January 19, 2009. Correspondingly, Ishall also, in the meantime, refrain from securing any outside Legal counsel as regards this matter, in the hopes that it can be resolved amicably. In closing, I would convey to you that the need to write this letter has been both difficult and repugnant to me. However, in my view, I have been unnecessarily and unfairly verhally abused/assaulted, publicly humiliated, threatened, and slandered by an officer of the Club. No member, in my opinion, should have to be subjected to such treatment, regardless of their tenure! While, initially, I was willing to let this pass as an honest misunderstanding, your letter suggests to one that such may not be possible. To allow our Trea~ut•er t~ aui.ise me, as he has; without any attempt on my part to defend myself would be to sacrifice my personal reputation, personal self- respect, and personal dignity. Hopefully, you can and will understand! I shall anxiously await your written response. 913 Peachtree Drive Mechanicsburg, PA 17055-7504 Phone No. (717) 697-9470 February 7, 2009 Mr. Jerry A. Temple, Secretary The Mechanicsburg, PA 333 Heinz Street Mechanicsburg, PA 17055-3211 RE: Letters of 01/19/09 & 01/21%09 Dear Mr. Temple: It has now been more than two weeks since you received my "Certified Mail" letter to you, dated 01/21/09 (please see Attachment 1) and I have yet to have the courtesy of a written response from you, as, respectfully, requested by me in said letter. I'm wondering: How should I interpret this? Is it, (a) That you have been too busy to address my letter, or (b) That you have either been advised not to respond and/or have no intention of doing so? Hopefully, it is not (b)! In my thirty-nine years of business experience; I always made it a point to respond to any and all letters addressed to and received by me, if for rfo other reason than I viewed it as a professional obligation and courtesy to the person who took the time to write me. If you recall, in my letter of Ol/21/09,1, respectfully, requested three things: (1) A written definition of "conduct unbecoming a member," (2) A private/special meeting with the Club's governing Board, for the dual purposes of having a face-to-face confi-ontation with my accuser, and getting out my side of the story, in order to amve-'at a mutually agreeable and amicable resolution of the matter at hand between the parties, and (3) A list of names and official titles of all those who currently serve on the Club's Governing Board. To date, I have received none of the above! Moreover, I am hereby, formally and, respectfully, adding a fourth item to my list of requests, that being; A s eci c written description of exactly what I am alleged to have done on the days of January 17, 2009 and January 18, 2009, in order to warrant the accusation made against me of exhibiting "conduct unbecoming a member." ~, ~~ 3E~X 1B:! ~~~~ ~ ~ ll~~ ~~ ~ ~ ~~, - ~:` _ ~ - Letter to Jerry A. Temple, Secretary c/o The Mechanicsburg Club February 7, 2009 (continued) It is both interesting and disappointing to me that those who serve on the Club's Governing Board would even consider passing punitive judgment against any Club member based on input as to only one side of the argument. Particularly when none of those passing such judgment were witnesses to the alleged events! I ask you: Where is the Governing Board's sense of decency and fair play? One must wonder whether a sense of moral decency, professional courtesy/obligation, and fair play are involved in this matter, or whether what has transpired is little more than a vengeful action against me by one or more Club officials, simply because they choose not to like me! Moreover, one must also wonder: What if it was you or one of the other Club officials who have accused me, passed judgment against me, and sentenced me, without giving me an audience and a fair chance to present my side of the case? Hopefully, after having read the foregoing, you and the other members of the Club's Governing Board will provide me with what I have both professionally and rightfully requested. Also in my "Certified Mail" letter to you, dated O1/2I/09, I indicated to you that, among other things, I feel as though I have been publicly humiliated and slandered as a result of what has transpired. In that regard, please note that I view this issue as "a rivate and confidential matter between only m set and the Club."To that end, I have discussed it with only two other individuals; both of whom I would propose to have present as witnesses, in the event that I should be granted the opportunity of a meeting in which to defend myself. Unfortunately, however, it has come to my attention that a large number of the Club's elected officials and hired employees have chosen to take the opposite path, and turned this matter into "bulletin board material."for the public consumption of others and/or their own personal amusement. Aside from further validating my position that I have been publicly humiliated and slandered as a result of this unfortunate event, for any of the Club's elected officials and/or hired employees to behave in such a manner is, in my opinion, highly unprofessional and morally wrong. In fact, one might even go so far as to call it "conduct unbecoming " Lastly, absent any written definition of "conduct unbecoming a member," and any chance to fairly defend myself in front of those who have, so far, unilaterally accused, judged, and sentenced me, you should know that I am considering the possibility of formally filing similar charges (i. e., "conduct unbecoming an officer," and "conduct unbecoming a member") against our Treasurer, based on his behavior and actions of January 17, 2009 and January 18, 2009. Hopefully, this will not be necessary, but if; indeed, it is deemed necessary, one must again wonder: How will the Governing Board handle the matter? An interesting question, is it not? 2 Letter to Jerry A. Temple, Secretary c/o The Mechanicsburg Club February 7, 2009 (continued) In closing, I once again, wish to make it clear that I am seeking an amicable solution to this matter, that is mutually agreeable to both parties. It is, indeed, most regrettable and unfortunate that matters like this occur, but, from time-to-time they do. Moreover, what makes them resolvable, in a civilized fashion, is that they are handled, on that part of both parties, in both a professional and courteous manner! Having said that, I can assure you that, based on your response to this and my January 21, 2009 letter, I will do everything within my power to keep this as "a rivate and confidential matter between only m sel and the Club."Hopefully, that is your desire as well, and we can all meet and resolve this matter, in both a professional and courteous manner, that is mutually agreeable to both parties. I look forward to your formal, written response.. Respectfully, ~~` `"'"1 ~~~ Lincoln S. Miller, 3r. Life Member The Mechanicsburg Club CC: Gallagher, M. -Manager Cms, F. - Vice president Renninger, 3. -President Attachment ~, ~„Q r' 3 THE MECHANICSBURG CLUB 333 Heinz Street Mechanicsburg, Pa. 17055 February 10, 2009 A. Edwin Dyer 414 Brandy Lane Mechanicsburg, PA 17055 Dear Member I regret to inform you that at a special meeting of this organization held on Tuesda~T February 10, 2009 charges were brought against you for conduct unbecoming a membe,- due. to your~ctions of sending club business to non-members via electronic e-mai~ It was the determination of the Governing Body that these actions were such as to mar the peace and harmony of the club as a whole. The Governing Body voted to fine you $2~.0~;~ ~?s provided for in the by-laws. You immediately stand suspended fi-om the club and all club activities until said fine has been paid. This being your first offense, as such, wi]l be placed on your permanent record and wiI1 remain there far a period of five (5) years. If after five (5) years, if there are: uo further offenses it will be removed from your record. If however, there should ba=. a second offense within the five (5) year period, yon will be permanently and irrevocably removed from the membership rolls. ~ ~ ~~~~ -- J. Temple Secretary 913 Peachtree Drive Mechanicsburg, PA 17055-7504 Phone No. (717} 697-9470 February 17, 2009 Mr. Jerry A. Temple, Secretary The Mechanicsburg Club 333 Heinz Street Mechanicsburg, PA 17055-3211 RE: Your Phone Call of 02/10/09, Etc. Dear Mr. Temple: I am writing you this letter in response to your phone call to me at my home on February 10, 2009, between the hours of 12:15 PM and 12:25 PM. When I answered the phone, you identified yourself, and told me that the call was "not an official call." Rather, you said that you were calling because you felt that I deserved a call in response to my unanswered "Certified Mail" letters to you, dated 01/21/09. and 02/07/09, respectively, regarding charges made against me for alleged "conduct unbecoming a member," without any opportunity on my part, whatsoever, to present my side of the issue and, thereby, defend myself against such accusations. At the end of said call, you finished by saying, "this conversation never took place," and requested of me that I treat it accordingly. My response to your closing request was that I would do so, in that I view myself as a person of integrity and high moral standards, and extend like consideration to others, unless or until they show me that they do not deserve such consideration. Now, unfortunately, it has come to my attention that you have violated my trust, so I can no longer honor the commitment of co~dentiality that I had made to you at the end of the herein above subject phone call. If you recall, the initial thrust of your concern focused on a statement that I had made in my letter of 02/07/09, wherein I suggested that, based on the feedback that I was receiving, stemming from your letter to me, dated 01/19/09, it appeared as though the Governing Board had chosen to make the contents of said letter "bulletin board material" for public consumption. In that regard, you immediately chose to place the blame for any public exposure on e-mails that were sent to other Club members by one Mr. Edwin Dyer. In response to your assumption, I emphatically noted that, such was not the case. In fact, the feedback that I was receiving was coming frnm Club members who don't even know Mr Der! Letter to Jerry A. Temple, Secretary coo The Mechanicsburg Club February 17, 2009 (continued) For the Record, and as I stated to you in our phone conversation of 02/10109, I: (a) Had no idea of either any actions taken by or e-mails sent by Mr. Dyer, (b) Did not ask Mr. Dyer to take any actions on my behalf; and, (c) Have no idea as to any of the recipients of any e-mails allegedly sent by Mr. Dyer. Rather, as I stated to you in our phone conversation, I had asked Mr. Dyer to serve as a witness for me at a meeting that I had requested, for the purpose of presenting my side of the story, regarding false accusations made against me, should the Governing Board be gracious enough and courteous enough to grant me such an audience, to which he (Mr. Dyer) agreed. Tn turn, I gave Mr. Dyer a copy of my "Certified Mail' letter to you, dated 01/21/09, inasmuch as I felt that he should have a background of the landscape of things that he would be observing. Now, it has come to my attention that the Governing Board- has also chosen to exact. its vengeance on Mr. Dyer for "marring the peace and harmony of the Club as a whole," whatever that means. In reality, what the Governing Board has actually done is intimidate a would be witness of mine, and, by such action, send a message of intimidation to any and all other Club members who might otherwise be willing to serve as a witness on my behalf. Moreover, aside from its act of intimidation, the Board has also, in my opinion, apparently, and, unilaterally, appointed itself as some sort of a "free speech tribunal," and, in so doing, has violated, or at the very least, attempted to legislate another person's First Amendment Rights; a very dangerous precipice. But then again, that's just my opinion. What, if anything, Mr. Dyer elects to do in response to the accusations made against him, is entirely up to him, and independent of my issue, except to the extent that any element thereof materially affects my case. It has also come to my attention that, after the Board's meeting of 02/10/09, it has, indeed, made the contents of your O1/19/091etter to me "bulletin board material," by electing to be publish in the Meeting Minutes that both I and Mr. Dyer have been fined $25.00 for whatever. I wonder, did the Minutes also note that I had, respectfully, in two separate "Certified Mail" letters, requested a meeting with the Board; for the purpose of presenting my side of the issue, and that I had not yet been granted such an audience? And, I wonder, did the Minutes also note that neither of my "Certified Mail" letters had been answered as of 02/10/09? Hmmm! A$er the discussion on Mr. Dyer's alleged e-mails had concluded, you went on to state that, in response to my request for a written definition of "conduct unbecoming a member," no z Letter to Jerry A. Temple, Secretary c/o The Mechanicsburg Club February 17, 2009 (continued) such definition exists. Rather, the determination of the commission of such a "crime," rests solely in the mind and.opinion of the accuser, and may, in fact, change from time- to-time or day-to-day, depending on his mood and his personal attitude towards or opinion of those whom he chooses to accuse. In effect, "beauty is in the mind of the beholder!" Thus, given your comments in this regard, I ask you and the rest of the Board: How can you accuse, convict, and sentence someone (i. e., in this case me) for something that cannot be defined? Since the definition of "conduct unbecoming" seems to be indefinable and elusive, Let's look at some examples of real events that may or may not qualify: (1) In the summer of 2007, one of the Club's House Committee Members loses control of himself, and proceeds to scream, at the top of his Lungs, and verbally berate the on- dutybartender (one Mr~ Tim Spangler) serving his end (the East end) of the bar. One might even go so far as to say, that since the House Committee Member's tirade: was sa loud it could be heard by anyone in the entire bar room, regardless of where they were sitting, it was representative of behavior that was "marring the peace and harmony of the Club as a whole!" And, oh by the way, our former Treasurer was sitting immediately next to the out-of-control House Committee Member, and chose do nothing in an effort to restore the "peace and harmony of the Club as a whole." When the House Committee Member had finished his tirade, Mr. Spangler walked-the entire length of the bar to the West end, where I was sitting with another Club member (one Mr. John A. Fieseler, now deceased), and asked me if I would serve as his witness as to what had transpired at his personal expense. He then went to, and immediately reported the incident, to our Club Manager (Mr. Mike Gallagher), as i~ given the volume involved, it needed to be reported. In response to Mr. Spangler's report, no charges were or have since been filed. I wonder, would such behavior on the part of the House Committee Member qualify as "conduct unbecoming," or "marring the peace and harmony of the Club as a whole?" (2} .Also in the summer of 2007, our then Treasurer, while enjoying his regular ruorning imbibe, repeatedly, verbally referred to the on-duty bartender serving his section of the bar (again, one Mr. Tim Spangler) as an "asshole," such that other members sitting at that end of the bar (the East end} could hear his commentary. While ail Members are, supposedly, equal, isn't it reasonable to expect that our elected officers are, and should be, held to a higher standard? In any event, no charges were filed 3 Letter to Jerry A. Temple, Secretary c/o The Mechanicsburg Club February 17, 2009 (continued) against our former Treasurer for his descriptive references of the on-duty bartender that day. Here again, one must wonder if our former Treasurer's verbal commentary that day was an example of "conduct unbecoming?" (3) On a Sunday afternoon, in the fall of 2007, the aforementioned House Committee Member was overheard making false accusations about me to other Club members. One of those to whom he was conveying said false accusations was one Mr. Lee Souder. When it became obvious to Mr. Souder that I had overheard the House Committee Member's false accusations, he (Mr. Souder} proceeded to attempt to engage me in a combative discussion; an engagement that I refused to become involved in. Then, after things had apparently calmed down, Mr. Souder attempted to buy me a drink, which I refused. In turn, observing my refusal, the aforementioned. House Committee Member, without invitation, injected himself into the matter,- and said to me, quite loudly, "only an asshole would refuse a drink." He (the House Committee Member) then proceeded to attempt to engage me in a combative argument across the bar; an invitation that I refused. This event was witnessed by a Board Member who was sitting between myself and Mr. Souder and the House Committee Member. Only after I refused to become involved in a combative discussion, and having stated as much, did the Board Member elect to become involved, in order to quiet the verbal chides of the House Committee Member. Here again, even though observed by a Board Member, no charges were filed against either Mr. Souder or the House Committee Member. Were the behaviors of Mr. Souder and the House Committee Member that day examples of "conduct unbecoming a member," and were their combined behaviors an example of actions. that served to "mar the peace and harmony of the Club as a whole?" I mean I'm just asking! (4) Then there is the issue of the conductlbehavior of some of our on-duty bartenders, fromtime-to-time. In one case, we have a ba.*tender who frequently refers to Club members, for whom he has little or no personal regard, as "assholes," such that other members sitting in his service area can hear. In another case, we have a bartender who, at lunchtime on O l/16/09, loudly referred to a lifetime member (one Mr. Edwin Dyer) as a "fucking loser," such that anyone sitting in the lunchtime dining area could hear. In fact, the bartender's verbal affront was so loud that it attracted the attention 4 Letter to Jerry A. Temple, Secretary c/o The Mechanicsburg Club February 17, 2009 (continued) of the kitchen workers that day, such that they opened the kitchen door to the "Little Bai" and stuck their heads out to see what was going on. Moreover, in that same confrontation, the an-duty bartender said to Mr. Dyer that," if he didn't like things, don't come in," {meaning the Club). Where is it stated , I wonder, in a bartender's job description that they are to engage fellow members in confrontational verbal discussions and refer to them openly in derogatory terms? In any event, no charges were filed against either of the aforementioned on-duty bartenders, yet one must again wonder whether their actions are examples of "conduct unbecoming," and further serve to "mar the peace and harmony of the Club as a whole." I mean, aren't the Club's general members part of the whole? (5) Next we come to the issue of gambling. Last month (January 2009}, in the weeks leading up to the- Super Bowl, one of the Club's bartenders and a member who shall, for the time being, remain nameless, were engaged in the marketing of two football pools (one $25 a block, and one $50 a block). Said marketing was conducted inside of the Club building, during the course of the Club's normal business hours. In this: regard, on-duty bartenders served as conduits, and were actively engaged in the transfer of monies. Also, it is known that at least one high ranking Club officer and a number of Club employees were participants in the pools. In spite of the admonition posted on the Club's bulletin board against gambling, no charges have been filed. Is this an example of "conduct unbecoming" on the part of some of the Club's elected officials, some of its hired employees, and some of its members, since it serves to threaten the Club's operating license? Here again, I'm just asking! (6) Then, on Saturday, January 17, 2009, another Club member and our current Treasurer were engaged in a discussion concerning yet another Super Bowl football pool; this one, reportedly, was for $100 a block. This discussion was conducted at table immediately outside of the Manager's office against the North wall of the Club. For what it's worth, said discussion was observed and overheard by other Club members, during the Club's normal business hours, and would seem to be a contradiction of the Club's posted policy about on-site gambling activities. Also, the question .again arises about the Club's elected officials being held to a higher standard, or one that is, at least, in strict compliance with the Club's "written and publicly stated policies." Even though in clear violation of the Club's "written and publicly stated policies," no 5 Letter to Jerry A. Temple, Secretary c/o The Mechanicsburg Club February 17, 2009 (continued) charges have been filed in this regazd. Here again, I wonder, would this serve as an example of "conduct unbecoming?" (7) Lastly, there is the issue of the behavior of our current Treasurer, on the morning of Sunday, January 18, 2009, with regard to his, unprovoked, verbal assault on a fellow Club member (in this case myself j. On that morning I was seated between two fellow Club members on the North side of the bar, near the West end, engaged in a conversation about the news on TV which, at that moment, was running a story about the impending presidential inauguration. While in the midst of that conversation, our current Treasurer lost control of himself and proceeded to verbally assault and harass me, for no apparent reason. Most certainty, there was no provocation on the part of either myself or those with whom I was sitting. In response to his uncontrolled anger, which appeared to be solely directed at me, I responded with three short comments. They were as follows: (a) "I beg your pardon," (b) "I wasn't speaking to you," and, (c) "Please don't inject yourself in conversations that you're not a part of." (Note that at no time did I curse him or call him anv unflattering names) After I made the aforementioned three comments, all of which were heard and observed by those with whom I was sitting, our Treasurer proceeded to take a seat at the West end of the bar and attempted to stare me down. When it became obvious to him that I had no intention of engaging in any additional verbal confrontations, he again lost control of himself, began to wag his finger at me, and told me to "watch what I say," whereupon I asked him if he "was attempting to restrict my First Amendment Rights." After this, there was no further conversation between the Treasurer and myself. Shortly thereafter, he left his seat at the end of the bar. Since then, I have been charged, convicted; .and sentenced for "cord~ict unbecoming a member," all without an opportunity to confront my accuser, face-to-face, or defend myself in front of those who have seen fit to pass judgment on me. After reading all of the foregoing, and given it to be the truth, one must wander: Whose conduct was "unbecoming," and who "marred the peace and harmony of the Club as a whole" on the morning of Sunday, .January 18, 2009? As of this date, I have not filed any b Letter to Jerry A. Temple, Secretary c% The Mechanicsburg Club February Z7, 2009 (continued) charges, either internally or externally to the Club, against our Treasurer for his unwarranted abusive behavior towards me on the morning of Sunday, January 18, 2009. Hopefully, any such action on my part will not be necessary. However, please be advised that I have no intention of standing idly by after having been verbally attacked and abused, subsequently threatened, and then convicted of being the perpetrator of an incident provoked by someone else and, more importantly, where I did nothing wrong. Whereas my lifetime membership in the Ciub is both meaningful and important to me, it is not worth the price of sacrificing my self- esteem, personal dignity, and good name, not to mention my Civil Rights under the law! Please note that my intent for citing all of the foregoing actual incidents is to be neither argumentative nor confrontational. Rather, my intent is to point out the hypocrisy and dual standards that exist with respect to the loose application of the "conduct unbecoming" doctrine. And, while, as you stated in our phone conversation of 02/10/09, there is no set written definition for ":conduct unbecoming," I am still requesting that you put that in writing, inasmuch as you indicated that your phone call to me was "not official." And NO, before anyone asks the question, or feels threatened about the aforementioned gambling incidents, I have absolutely no intention of doing any "whistle blowing" about them, as I am far too loyal and far too good of a Club member to do something such as that; but as with anyone else, I have my limits! Also during our "unofficial" phone conversation of 02/10/09, you stated that all of the Club's elected officers and Board Members make up the Club's Governing Board. While that was informative, and may, in fact, be the case, I am here again requesting that you provide that to me in writing, listing the names and official titles of all those serving on the Governing Board as of 01/19109, in light of the "unofficial" nature of your phone call. Please note that this constitutes the third letter that I have written to you regarding the "conduct unbecoming" charges made against me. Unfortunately, you have, apparently, seen it either unnecessary or inadvisable to accord me the courtesy of a response to either of my previous letters on the subject, dated 01/21/09 and 02/07/09, respectively; both of which were sent to you via "Certified Mail." In those letters I, respectfizlly, requested four things of you, and to each of which I also, respectfully, requested a written response from you. Since you have apparently decided not to respond to my prior letters, I am here again, .respectfully, requesting 7 Letter to Jerry A. Temple, Secretary c/o The Mechanicsburg Club February 17, 2009 (continued) that you provide me with a written response to the same four things. They are, once again, as follows: (1) A written definition of what constitutes "conduct unbecoming a member," and if, as you indicated in our "unofficial" phone conversation of 02/10/09, there is none, then a written statement to that effect, (2) A written list of the names and official titles of all of those who currently (i.e., as of O 1 / 19/09} serve on the Club's Governing Board, (3) A written description of exactly what I am alleged to have done on the days of January 17, 2009 and January 18, 2009, in order to warrant the accusations made against me for exhibiting "conduct unbecoming a member," and, (4) A written response regarding my request for aprivate/special meeting with the Club's Governing Board, for the dual purposes of having a face-to-face confrontation with my accuser, and getting out my side of the story, in order to arrive at a mutually agreeable and amicable resolution between the parties to the matter at hand. Please note that I find none of the above itemized requests to be either unreasonable or unduly difficult to provide responses to. What, I ask you, is the problem? Could it be a fear of the truth, and the fact that the Governing Board made a "rush to judgment," in order to satisfy the personal vengeance of one or more of its members, simply because they choose not to like me? In sincerely hope not! But, be.advised, that I did not just roll off a load of pumpkins! Please be advised that I take this matter most seriously, and hope that you clearly understand that. In closing, please note that it has not been easy for me to write you this letter, but I felt it necessary, primarily to put things in their proper perspective, and to establish the basis for a meaningful, professional discussion of the issue between the parties. So, once again, I am hereby, respectfully, requesting you to do the right thing, and thereby demonstrate your professionalism and your sense of propriety, as opposed to being a facilitator for the satisfaction of someone's personal vengeance. Having said that, please note that, given that a mutually _ agreeable resolution between the parties can be achieved regarding this matter, I would, be willing to enter into atwo-way "Hold Harmless Agreement," (i. e., sealed lips, no fault) as regards the incident in question. Once again, I look forward to the courtesy of a written response. a Letter to Jerry A. Temple, Secretary c/o The Mechanicsburg Club February 17, 2009 (continued) Respectfully, ~~ Lincoln S. Miller, Jr. Life Member The Mechanicsburg Club CC: .Gallagher, M. -Manager Orris, F. -Vice President Renninger, J. -President NOTE: You have my permission to post this letter on the Club's bulletin board far the enlightenment of the nZembers. 9 VERICATION Subject to the penalties of 18 Pa. C.S.A. 4904 relating to the unsworn falsification to authorities, I certify that the facts in the foregoing pleading are true and correct to the best of my information and belief. Date: r~~ri.l 30, 2!J12 -Lt ,~,. ;.~, ~; ~ x/~ 1.~ ~,',e''~~„/ Lincoln S. Miller, Jr. 5