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Commencement of Action:
0 Complaint ❑ Writ of Summons ❑ Petition
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
Lead Plaintiff's Name: Lead Defendant's Name:
Questmont Strategic Wealth Advisors, Inc. Matthew T. Hanshaw
Dollar Amount Requested: ❑ within arbitration limits
Are money damages requested? ❑ Yes ® No
(check one) [3 outside arbitration limits
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Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
7D
QUESTMONT STRATEGIC WEALTH CIVIL ACTION — LAW'
ADVISORS, INC. f /d/b /a RANKER, = e,
HANSHAW FINANCIAL GROUP, INC., cx;
and TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually, ; ->
Plaintiffs
VS. No. 3 _ /� �, j �, u
'L
MATTHEW T. HANSHAW.
Defendant
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 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
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PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1- 800 - 990 -9108
717 - 249 -3166
�
CAPOZZI ADLER, P.C.
By: Donald R. Reavey, Esquire
Attorney I.D. No. 82498
Brandon Williams, Esquire
Attorney I.D. No. 200713
P.O. Box 5866
Harrisburg, PA 17110
(717) 233 -4101 Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH CIVIL ACTION — LAW
ADVISORS, INC. f/d/b /a RANKER
HANSHAW FINANCIAL GROUP, INC.,
and TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually,
Plaintiffs
VS. No.
MATTHEW T. HANSHAW.
Defendant
ACTION FOR DECLARATORY JUDGMENT
NOW COMES, Plaintiffs, Questmont Strategic Wealth Advisors, Inc. f /d /b /a Ranker -
Hanshaw Financial Group, Inc. ( "Questmont "), Taylor K. Ranker, II ( "Mr. Ranker "), and Brent
A. Firestone ( "Mr. Firestone ") by and through their counsel, Capozzi Adler, P.C., and file this
Action For Declaratory Judgment against Defendant Matthew T. Hanshaw ( "Defendant "), and in
support thereof, aver as follows:
The Parties
1. Questmont is a Pennsylvania corporation with its principal place of business at 1200
Camp Hill Bypass, Suite 201, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Questmont is in the business of providing wealth management services.
1
3. Taylor K. Ranker, 11 ( "Mr. Ranker ") is an adult individual with a home address of 2375
Forest Hills Drive, Harrisburg, Dauphin County, Pennsylvania 17112
4. Mr. Ranker is a current shareholder of Questmont.
5. Brent A. Firestone ( "Mr. Firestone ") is an adult individual with a home address of 3201
Ashley Lane, Dover, York County, Pennsylvania 17315
6. Mr. Firestone is also a current shareholder of Questmont.
7. Defendant is an adult individual with a home address of 2787 Monticello Lane,
Harrisburg, Dauphin County, Pennsylvania 17112.
8. Defendant is a .former shareholder of Ranker - Hanshaw Financial Group, Inc. ( "Ranker
Hanshaw"), a predecessor corporation to Questmont.
Jurisdiction
9. This is an action for declaratory judgment pursuant to 42 Pa.C.S.A. §§ 7531 et seq., for
the purpose of determining a question of actual controversy between the parties as
hereinafter more fully appears.
10. The jurisdiction of this Court is proper pursuant to 42 Pa.C.S.A. § 7532 and Pa.R.C.P.
1006.
11. Defendant, through correspondences sent to Questmont at its offices in Camp Hill,
Cumberland County, Pennsylvania, has wrongfully demanded payment in compensation
for a portion of the value of Questmont.
12. Through those same communications sent to Questmont at its offices in Camp Hill,
Cumberland County, Pennsylvania, Defendant has also wrongfully demanded payment in
compensation for punitive damages from both Questmont and Messrs. Ranker and
Firestone pursuant to an alleged "corporate freeze out and for alleged "defamatory"
statements by Messrs. Ranker and Firestone.
13. Defendant has no right to payment for any portion of the value of Questmont.
14. There was no "corporate freeze out."
15. Defendant has no right to punitive damages from Questmont, Mr. Ranker, or Mr.
Firestone.
16. An actual justiciable controversy exists by and between Questmont, Mr. Ranker, and Mr.
Firestone, individually, and Defendant.
17. Questmont, Mr. Ranker, and Mr. Firestone, therefore, respectfully ask this Court to enter
a declaratory judgment pursuant to 42 Pa.C.S.A. §§ 7531 et seq. declaring the rights and
liabilities of the parties.
Background
18. In or about 1999, Mr. Ranker, Mr. Firestone, and Defendant formed Ranker - Hanshaw for
the purpose of providing wealth management services.
19. At that time, there was no formalized partnership agreement.
20. Shortly after the formation of Ranker - Hanshaw, it became evident to Mr. Ranker and Mr.
Firestone that Defendant suffered from alcohol addiction.
21. After several years during which Defendant's addiction negatively impacted the personal.
and professional relationships between the parties, Messrs. Ranker and Firestone and
Defendant agreed to formalize their relationship to provide protection for Messrs. Ranker
and Firestone from Defendant and his addiction.
22. Accordingly, in August of 2011, Messrs. Ranker and Firestone, and Defendant, entered
into the Ranker - Hanshaw Shareholders' Agreement ( "Shareholders' Agreement'). A true
and correct copy of the Shareholders' Agreement is attached as Exhibit "A."
23. When Messrs. Ranker and Firestone entered into the Shareholders' Agreement with
Defendant. Defendant represented that lie was "clean and sober" and would remain so.
24. Defendant agreed that if he did not remain "clean and sober" he would forfeit his
ownership interest in Ranker - Hanshaw.
25. Since entering into the Shareholders' Agreement, Defendant has failed to remain "clean
and sober" and has violated the provisions, as well as the intent, of the Shareholders'
Agreement.
26. Furthermore, Defendant acted in a manner detrimental to the best interests of Ranker -
Hanshaw which are in and of themselves violations of the Shareholder's Agreement
requiring the termination of Mr. Hanshaw's interest without compensation and resulted in
a decreased value of the company.
27. Defendant's detrimental actions and further violations of the Shareholder's Agreement
which in and of themselves allow for termination for cause have included, but are not
limited to:
a. Failure to maintain a "clean and sober" lifestyle as anticipated and promised
in the Shareholders' Agreement;
b. Extramarital /inappropriate sexual liaisons with at least one Ranker - Hanshaw
employee /former employee;
c. The use of Ranker- Hanshaw equipment and property to facilitate sexual
liaisons with at least one Ranker - Hanshaw employee /former employee;
d. Inappropriate conduct /sexual advances towards a Ranker - Hanshaw
management consultant;
e. Did not attend client functions as expected which the Plaintiffs allege was due
to his alcoholism, and, on the rare occasions when client functions were
attended, on at least two occasions, the attendance resulted in embarrassingly
intoxicated behavior to the detriment of the business relations of Ranker -
Hanshaw.
f. Inappropriate and drunken behavior resulting in the Defendant being banned
from functions hosted by Ranker Hanshaw's management consultant, Million
Dollar Producer, supported and orchestrated by SEI; Ranker Hanshaw's most
important corporate money manager. SEI handles and continues to handle
finances for more than half of the Ranker Hanshaw clients. The conduct
resulted in SEI strongly requesting the Defendant not attend any more
functions. Banishment from SEI amounts to a failure to maintain his
professional status as required under the Shareholder's Agreement and which
would result in termination for cause with no compensation whatsoever.
g. Inappropriate and drunken behavior resulting in numerous Ranker - Hanshaw
clients and prospective clients to question Defendant's ability to competently
and effectively provide wealth management services;
h. Inappropriate and drunken behavior resulting in companies partnering with
Ranker - Hanshaw to question Defendant's ability to competently and
effectively provide wealth management services;
i. Mr. Hanshaw disclosed he was obtaining prescription drugs without a
prescription in order to mask his substance abuse. He claimed he was
purchasing these drugs from a former Ranker - Hanshaw employee. When Mr.
Hanshaw claimed to be seeking treatment in April, this former employee
called and harassed the staff of Ranker - Hanshaw in an attempt to discover Mr.
Hanshaw's whereabouts.
j. Failure to use "best efforts" for the benefit of Ranker - Hanshaw;
k. Failure to work thirty -five (35) hours per week in a sober and drug -free
condition;
1. Repeated and regularly recurring pattern of lies and deceit to Ranker - Hanshaw
shareholders, employees, clients, prospective clients and partnering
companies;
in. Violation of his duty of loyalty to Ranker - Hanshaw and Messrs. Ranker and
Firestone.
28. In February and again in April of 2013, Messrs. Ranker and Firestone became aware that
Defendant had been deceiving them regarding his continuing substance abuse.
29. When Messrs. Ranker and Firestone confronted Defendant regarding his continued
substance abuse, Defendant admitted that he had been illegally purchasing and using
prescription drugs to circumvent voluntary drug and alcohol testing administered by
Ranker - Hanshaw to verify Defendant's continued sobriety
30. When Messrs. Ranker and Firestone encouraged Defendant to seek professional
assistance to address his substance abuse, Defendant indicated that he was entering an in-
patient substance abuse treatment program imminently.
31. Despite Defendant's representations he did not enter an in- patient substance abuse
treatment program, and instead it is believed he remained at his home on a week -long
"bender." This deception was particularly detrimental to Ranker - Hanshaw because Mr.
Hanshaw was the compliance officer, and, as such, his whereabouts had to be known at
all times.
32. When Messrs. Ranker and Firestone confronted Defendant regarding his deception,
Defendant perpetuated his deception and denied that he suffered from substance abuse.
33. Whereupon Messrs. Ranker and Firestone terminated Defendant's employment with
Ranker - Hanshaw, invoked the letter and spirit of the Temporary Disability, and Personal
Behavior provisions of the Shareholders" Agreement, and again encouraged Defendant to
seek treatment. See April 17, 2013 letter to Matthew Hanshaw, a true and correct copy of
which is attached as Exhibit "B."
34. However, Defendant continued to refuse treatment representing that he was no longer
associated with Ranker - Hanshaw, and began attempting to subvert Ranker - Hanshaw
clients and prospective clients by sending deceptive letters to Ranker - Hanshaw clients
instructing them to sign forms to change their servicing representative to Defendant.
True and correct examples of Defendant's deceptive letters with client names and
personal identifying information redacted are attached hereto as Exhibit "C ".
35. Accordingly on or about April 23, 2013 Defendant was notified that he had violated the
Involuntary Termination, Best Efforts, and Personal Behavior provisions of the
Shareholders' Agreement, as well as his duty of loyalty to Messrs. Ranker and Firestone.
A true and correct copy of the April 23, 2013 letter to Defendant is attached as Exhibit
6.
36. Subsequently, Messrs. Ranker and Firestone communicated Defendant's separation from
Ranker - Hanshaw to clients and service providers in accordance with their ethical and
fiduciary duties.
37. Messrs. Ranker and Firestone's communications were discreet in their representations
regarding Defendant, and included information required by their ethical and fiduciary
duties.
38. As soon as practicable after Defendant's separation from Ranker - Hanshaw, Messrs.
Ranker and Firestone changed the name of Ranker- Hanshaw to "Questmont Strategic
Wealth Advisors, Inc."
39. Defendant has wrongfully demanded payment in compensation for a portion of the value
of Questmont.
40. Defendant has also wrongfully demanded payment in compensation for punitive damages
from Questmont and Messrs. Ranker and Firestone pursuant to an alleged "corporate
freeze out" and for alleged "defamatory" statements by Messrs. Ranker and Firestone.
COUNT I - DECLARATORY JUDGMENT
Defendant Not Entitled to Compensation Under the Shareholder's Agreement
41. Questmont and Messrs. Ranker and Firestone incorporate by reference the averments
contained in the foregoing paragraphs as if set forth fully herein.
42. Defendant claims that he is entitled to compensation for a portion of the value of
Questmont.
43. Questmont disputes Defendant's claims and contends that :Defendants' violation of the
letter and spirit of the Shareholders' Agreement as described in Paragraphs 25 through
27, above, resulted in his termination for cause as a shareholder and in his forfeiture of
any interest in Questmont or any claim for further compensation of any sort.
44. Mr. Hanshaw was terminated for cause as a shareholder due to his personal behavior. The
allegations of Paragraphs 25 through 27 violated the letter and spirit of Paragraph 4(d) of
the Shareholder's Agreement attached hereto as Exhibit "A." Paragraph 4(d) provides:
"In the even a shareholder is unable to work a minimum of thirty-five (35) hours per
week in a sober and drug free condition ... he will be immediately terminated without
any severance or benefits." The conduct alleged in Paragraphs 25 through 27 resulted in
his termination for cause under Paragraph 4(d) of the Shareholder's Agreement and in his
forfeiture of any interest in Questmont and forfeiture for any claim for further
compensation of any sort.
45. Mr. Hanshaw was terminated for cause as a shareholder for failing to maintain his
professional status. The allegations of Paragraphs 25 through 27 are a sufficient
hindrance to Mr. Hanshaw's professional status that said conduct amounted to a failure to
maintain his professional status under Paragraph 4(c) of the Shareholder's Agreement
attached hereto as Exhibit "A." Paragraph 4(c) provides: "In the event any shareholder ...
loses any licensure required to perform his essential duties, he shall be immediately
terminated without any compensation of any sort." The conduct alleged in Paragraphs 25
through 27 resulted in his termination for cause under Paragraph 4(c) of the
Shareholder's Agreement and in his forfeiture of any interest in Questmont and forfeiture
for any claim for further compensation of any sort.
46. Mr. Hanshaw was terminated for cause as a shareholder for failing to use his best efforts.
The allegations of Paragraphs 25 through 27 amount to sufficient evidence that Mr.
Hanshaw failed to use his best efforts under Paragraph 4(a) of the Shareholder's
Agreement attached hereto as Exhibit "A." Paragraph 4(a) provides: "Each shareholder
pledges to provide his best efforts at all times to further the work of the corporation" The
conduct alleged in Paragraphs 25 through 27 resulted in his termination for cause under
Paragraph 4(a) of the Shareholder's Agreement and in his forfeiture of any interest in
Questmont and forfeiture for any claim for further compensation of any sort.
47. In the alternative, if it's determined that Mr. Hanshaw was not terminated for cause as a
shareholder as described in the paragraphs above, the Shareholder's Agreement limits the
amount of compensation Mr. Hanshaw would be entitled to. In this event, Questmont
would request that this Honorable Court declare that the only compensation Mr. Hanshaw
would be entitled to would be as described in the Voluntary Termination provisions of
the Shareholder's Agreement. It's clear from these provisions that the Shareholders
agreed in advance what the maximum value of each Shareholder's shares would be in the
event of separation. Namely, the maximum amount of a Shareholder's interest is "an
amount equal to three (3) years times fifty (50 %) of base salary paid over a (3) year
period." See Exhibit "A" at Paragraph 4(b).
48. In the alternative, if it's determined that Mr. Hanshaw was not terminated for cause as
described in the paragraphs above, Mr. Hanshaw was terminated under the permanent
disability provisions of the Shareholder's Agreement. It's clear from these provisions that
the Shareholders agreed in advance what the maximum value of each Shareholder's
shares would be in the event of permanent disability. Namely, the maximum amount of a
Shareholder's interest is "an amount equal to three (3) years times fifty (50 %) of base
salary paid over a (3) year period." See Exhibit `'A" at Paragraph 4(f).
49. In the alternative, if it's determined that Mr. Hanshaw was not terminated for cause as
described in the paragraphs above, Mr. Hanshaw voluntarily left his position as a
shareholder. Mr. Hanshaw was given an opportunity to comply with terms of the
Shareholder's Agreement but declined that opportunity and began to seek employment
elsewhere. It's clear from the voluntary termination provisions of the Shareholder's
Agreement that the Shareholders agreed in advance what the maximum value of each
Shareholder's shares would be in the event of voluntary termination. Namely, in the
event of voluntary termination, the maximum amount of a Shareholder's interest is "an
amount equal to three (3) years times fifty (50 %) of base salary paid over a (3) year
period." See Exhibit "A" at Paragraph 4(b).
50. Questmont further contends that Defendant's illegal and inappropriate actions caused a
significant reduction in value of Questmont and his refusal to seek treatment for his
substance abuse would have caused further reduction in value of Questmont had he
continued as a shareholder of Questmont.
51. There exists an actual controversy of a justiciable issue between Questmont and Messrs.
Ranker and Firestone and Defendant.
52. Antagonistic claims are present between the parties. These claims indicate imminent and
inevitable litigation.
53. A declaratory judgment by this Court will terminate this controversy in its entirety.
WHEREFORE, Plaintiffs pray that the court enter a declaratory judgment that
Defendant was terminated for cause and as such has no right to compensation for any value of
Questmont or any compensation whatsoever, or, in the alternative, if it is determined that that
Mr. Hanshaw's was not terminated for cause that his termination was voluntary and should be
determined under the Voluntary Termination or Permanent Disability provisions of the
Shareholder's Agreement as well as other and further relief as may be proper.
COUNT II - DECLARATORY JUDGMENT
Defendant Has No Right To Damages
54. Questmont and Messrs. Ranker and Firestone incorporate by reference the averments
contained in the foregoing paragraphs as if set forth fully herein.
55. Defendant claims that he is entitled compensation for punitive and other damages from
Questmont and Messrs. Ranker and Firestone pursuant to an alleged "corporate freeze
out" and for alleged "defamatory" statements by Messrs. Ranker and Firestone.
56. Questmont and Messrs. Ranker and Firestone dispute Defendant's claims and contend
that there was no inappropriate "corporate freeze out" of Defendant.
57. Questmont and Messrs. Ranker and Firestone dispute Defendant's claims and contend
that their statements regarding Defendant were not defamatory.
58. Accordingly, Questmont and Messrs. Ranker and Firestone dispute Defendant's claims
for punitive and other damages.
59. There exists an actual controversy of a justiciable issue between Questmont and Messrs.
Ranker and Firestone and Defendant.
60. Antagonistic claims are present between the parties. These claims indicate imminent and
inevitable litigation.
61. A declaratory judgment by this Court will terminate this controversy in its entirety.
WHEREFORE, Plaintiffs pray that the court enter a declaratory judgment that
Defendant has no right to punitive or any other damages from Questmont, Mr. Ranker, or Mr.
Firestone for a corporate freeze out or defamatory statements, as well as other and further relief
as may be proper.
Respectfully submitted,
CAPOZZI ADLER, .C.
Date:
Donald R. Reavey, Esquire
Attorney I.D. No.: 82498
Brandon S. Williams, Esquire
Attorney I.D. No.: 200713
P. O. Box 5866
Harrisburg, PA 17110
(717) 233 -4101
Fax: (71.7) 233 -41.03
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH CIVIL ACTION — LAW
ADVISORS, INC. f/d/b /a RANKER
HANSHAW FINANCIAL GROUP, INC.,
and TAYLOR K. RANKER, II and
BRENT A.FIRESTONE, individually,
Plaintiffs
VS. No.
MATTHEW T. HANSHAW.
Defendant
VERIFICATION
I, Brent A. Firestone, do hereby verify that the facts made in the foregoing Action for
Declaratory Judgment are true and correct to the best of my knowledge, information and belief. I
understand that any false statements therein are subject to the penalties contained in Title 18 of
the Pennsylvania Consolidated Statutes Section 4904, relating to unsworn falsification to
authorities.
Date: i 15 f 20 I '3
Brent A. Firestone
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH CIVIL ACTION — LAW
ADVISORS, INC. f/d/b /a RANKER
HANSHAW FINANCIAL GROUP, INC.,
and TAYLOR K. RANKER, II and
BRENT A.FIRESTONE, individually,
Plaintiffs
VS. No.
MATTHEW T. HANSHAW.
Defendant
VERIFICATION
1, Taylor K. Ranker, II, do hereby verify that the facts made in the foregoing Action for
Declaratory Judgment are true and correct to the best of my knowledge, information and belief. I
understand that any false statements therein are subject to the penalties contained in Title 18 of
the Pennsylvania Consolidated Statutes Section 4904, relating to unsworn falsification to
authorities.
lC , �iY►�
Date: 1 b(t��Zyt3
Taylo . Ranker, II
EXHIBIT "A"
RANKER- HANSHAW SHAREHOLDERW AGREEMENT
THIS SHA.RROLDER.S' AGREEMENT is made and entered into this f day
of A V<> l s� , 20 i 1 by and among TA' OR RrANKER, ;II, an adult i Y. 'dual;
MATTHEW HANS:kI:AW, an adult individual; and BRE.Ni' IRES"I'C ME., an adult individual
and y�rovides that:
1. The parties are the three shareholders of RANKER HANSHAW, a Pennsylvania
business corporation engaged in the business of wealth management.
2. RANK.FR owns forty percent (40 %) of the shares; .HA:NSHAW owciis forty percent
(40 %) of the shares; and FIRESTONE owns twenty percent (2 %) of the shares.
3. Each parry to this Agreement acknowledges that each individual possesses certain
skills that are essential to the operation of the business. The parties further
acknowledge that without each individua devoting his full -time and best efforts to
the business, it will, suffer and will cause detriment to all three shareholders.
4. In consideration of the mutual benefits each shareholder derives from their combined
best efforts, each shareholder, fox himself,.h.is successors, and heirs, agrees to abide
by and be bound by the tt-rins and conditions contained herein and more fully set
forth as fellows:
a. REST EFFOUS. Each.shamholder pledges to provide his best efforts at all
times to further the work of the coij)oration.
-1-
• b. VOL UNTARY TERMINATION. Any shareholder may vo1uxi Ulkly
particsilvAion in the corporation, provided lie first provides a thirty (30) clay
written notice to all other shareholders. After receiving the retiring shareholder's
written notice, the remaining shareholders aliall have a thirty (30) day period to
purchase the shares of the retiring member. The purchase price shall be an
arnount equal to three (3) years times Iif3y (50 %) of base salary paid over a three
(3) year period. 717he retiring shareholder shall be bound by a three (3) year,
tweiity (20) mile non- compete clause. Any violation of the non - compete
terminates the severance pray.
In the event n.eit:her shareholder wishes to purchase the shares, the retiring
shareholder may offer theca tor. sate to any buyer at any price.
c. INVOLUNTARY TERMINATION. In the event any shareholder commits an
offense involving theft or mismanagement of corporation fluids or loses any
licensure required to perform his essential duties, he shell be inuilediately.
terminated without any compensation of any type.
d. PERSUNAL BEHAVIOR. Each shareholder acknowledges that in order to
provide his best efforts to the corporation, he must be physically and mentally
healthy at all times. In the event a shareholder is anable to work a minimum of
thirty -five (35) bows per week in a sober and drug -.free condition. the other
shareholders may provide him with a written notification of impairment. If the
impaired shareholder fails to maintain sobriety fnr a thirty (30) day period, lie will
-2-
receive a second written. notice and must attend manciatory ,-uv ir, wk,"ML.
meetings.
If the impaired shareholder fails to maintain sobriety for a sixty (60) day
period, he must attend weekly meetings and receive out - patient counseling. This
salary will be capped.
If the 'impaired shareholder fails to inaintain sobriety after receiving three
(3) written warnings, lie will be immediately terminated without any severance
. pay or benefits.
However, for each four (4) months of sobriety achieved, one (1) written
violation notice shall be rescinded.
e. DEATH. In the event dAe death of a shareholder, his designated beneficiary
shall be paid the equivalent of three (3) years of fifty percent (50 %) of his base
salary. Ah stock of the decedent shall revert to tllc corporation. t
f. PERMANEN'r DISABILITY. in the event shareholder is unable to perform the
essential fiinctions of his work for an uninterrupted period of one hundred eighty
(180) days, .he shall he considered to be permanently disabled. At the end of the
180 day period, the shareholder shall cease; to receive his salary from the
corporation. The provisions contained above in Paragraph;exegarding Death shall
govern the terms under which the remaining shareholders may purchase the stuck:
of the disabled member.
g. TEMPORARY DISABILITY. In the event a shareholder is unable to perform the
essential functions of his work for a period of Less than one hundred eighty (180)
•3
days, and he is expected to regain his fill function, he shall be consicierea
temporarily disabled. During the period of temporary disability, he shall receive
his salary at his normal rate and pay period. This provision regarding temporary
disability shall not apply if the shareholder's disability is due to his violation of
Paragraph d regarding Personal Behavior.
IN WI'T'NESS WHEREOF, the parties hereto, intending to be legailly bound, have entered
into this Shareho.lder's Agreement this � � day of A 2011.
TAYi., A N1EI2, Ti
LW —(SEAL)
MA VIEW . IAW
(SFAL)
BRENT FJRESTO
EXHIBIT `B"
RANKER HANSHAW
FINANCIAL GROUP
April 17, 2013
VU HAND DELIVERY, U.S. MAIL, E -MAIL
Matthew T. Hanshaw
2787 Monticello Lane
Harrisburg, PA 17112
Dear Matt,
After a meeting of the majority shareholders of Ranker Hanshaw Financial Group, we have
decided on the following course of action relating to your employment and shareholder status
with the company.
To begin with, effective Thursday April 18, 2013, your employment at Ranker Hanshaw is
terminated for repeated violations of the Ranker Hanshaw Financial Group Employee Handbook,
including, but not limited to, documented violations of the following provisions:
Attendance and Punctuality, Section 4.2,
Business Hours, Section 4.2;
Contact with the Company, Section 4.3;
Standards of Conduct, Section 4.4, including, but not limited to, violation of the
Company's policies and safety rules; unauthorized possession and use of alcohol and
controlled substances on work premises or during working hours while engaged in
company activities or in company vehicles; dishonesty; disrespect toward fellow
employees and members of the public; poor attendance; and poor performance;
Each Employee's Responsibility, Section 5.1;
Substance Abuse, Section 5.6 -7.
Furthermore, because of your recent conduct involving repeated and inappropriate use and abuse
of alcohol, admissions of repeated, inappropriate alcohol use and abuse, misrepresentations
pertaining to courses of treatment for your repeated and inappropriate use and abuse of alcohol,
and your acknowledgement of your efforts to circumvent prior testing measures for your
1200 Camp Hill Bypass, Suite 203 1 Camp [-till, PA 17011
(717) 657 -8878 1 FAX (717) 657 -8839
Securities, insurance and advisory services offered through Royal Alliance Associates Inc., member FINRAISIPC. Ranker- Hanshaw Financial
Group is not affiliated with Royal Alliance or registered as a broker - dealer or investment advisor.
inappropriate use and abuse of alcohol,effective Wednesday April 17, 2013, you are hereby
deemed Temporarily Disabled under Section 4 (g) of the August 1, 2011 Ranker - Hanshaw
Shareholders' Agreement. Because your temporary disability was and is caused by your
repeated violation of paragraph (d) involvingPersonal Behavior, you are not entitled to receive a
salary or benefits while temporarily disabled. You will continue to be classified as temporarily
disabled for up to 180 days or until such time as the majority shareholders are satisfied that you
have successfully completed a course of treatment, whichever is later. The majority shareholders
reserve the right to extend your temporary disability status for up to an additional 180 days upon
the expiration of the initial 180 day temporary disability period. A successful course of treatment
includes all of the following:
• Complete in- patient rehabilitation at Retreat at Lancaster with weekly status
reports provided to the majority shareholders from the Retreat confirming and
documenting your efforts to remain alcohol free;
• Successful discharge from the Retreat at Lancaster as determined by the clinical
staff at the Retreat;
• Out - patient treatment for ninety (90) days following completion of in- patient
rehabilitation, with weekly status updates provided to majority shareholders
directly from treatment center. The plan for outpatient treatment will be
determined by the clinical staff at the Retreat at Lancaster;
• Attend mandatory AA/NA weekly meetings with confirmation of attendance
provided to the majority shareholders directly from. meeting organizers;
• Submit to drug and alcohol testing twice per week for ninety (90) days following
completion of in- patient rehabilitation, and to random testing thereafter for as
long as you remain a shareholder;
• Signed consents for all treatment centers, Retreat at Lancaster and AA/NA,for the
purpose of disclosing to the majority shareholders the status of treatments.
Alternatively, for settlement purposes, we will agree to an amicable separation,including thefull
settlement of all outstanding claims between the parties and forfeiture of your shareholder
interest and all of your shares. In exchange we are willing to offeryou three (3) years of salary
and benefits at $100,000.00 per year with payments made on regularly scheduled paydays.
Additionally,we will indemnify you from any loss or expense you may incur related to your
obligations to Royal Alliance Associates, Inc. under yourPromissory Note to them in the amount
of $414,046.47 dated January 8, 2013, and we will obtain a release from your personal guarantee
under the lease provisions at 1200 Camp Hill Bypass.
d
Please provide your response to Taylor in writing via email or fax by 5:00 p.m. on Friday, April
19, 2013. If a response is not received from you by email or fax by 5:00 p.m. on Friday, April 19,
our offer will be withdrawn. We urge you to carefully consider our offer.
T for Ranker Brent Firestone
EXHIBIT "C"
Memo
May 1, 2013
RE: Broker Change Forms
From: Matthew Hanshaw, CFP
717 - 497 -3205
Subject:
Please sign the enclosed forms where indicated and return in the postage paid
envelope. Call me if you have any questions.
Thank You.
i
Memo
May 6, 2013
RE: New Signature forms
From: Matthew Hanshaw, CFP
717 -497 -3205
Subject:
Please sign the enclosed forms where indicated and return in the postage paid
envelope. Call me if you have any questions.
Thank You.
5/1/13
John Corba
Regional Vice President, Supervision
Royal Alliance Associates
One World Financial Center, 15th Floor
New York, NY 10281
Dear Mr. Corba,
Please consider this a letter of instruction to change my /our servicing representative to
Matthew T. Hanshaw (3FN) effective immediately. Also, please sign any necessary
sponsor paperwork necessary to affect these changes in my /our accounts.
Thank you for you effort.
Sincerely,
• i
i
i
"I Allia=
Client Signature Page
Client: Advisor Name:
(Ise ahe.r, on,wfeawal Won ta ,)
iY.'Xt ya "T. yw, 4 .1ii� ',.�.. C<1t.. �,,. .. �.. .'L,:s•:: t.•, •.S -)fir.
Taxpayer fldendficadon Number (TIN) (must match fie `Galati" eb(m)
Social Security Number (SSN):
or
Taxpayer IdentMeadon Number (TIN):
Entity Typelffedeml Tax Classification (check appmpdate boo
❑ IndividueUSole Proprietor ❑ United Liability Company
❑ C Corporation For Undtad Listift Companies, Indicate the type of LLC:
❑ S Corporation" ❑ C Corporation
❑ Partnership ❑ S Corporation-
Trust/Estate ❑ Partnership
❑ Other (specl(y):
❑ Exempt Payse (check o* ,Fyou we exempt from backup wM►d&,q)
error 8 Corporations, dm& hero it you are a fin ndol Inedtutbrc ❑
Certification: Under penalties of perjury, I cerdry that:
1. The number shown on this form is my correct taxpayer identification number (or I am waling for a number to be
Issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been
notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of'a failure to
report all Interest of dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
3. l am a U.S. c&.en (including a U.S. resident allen).
Certification Instructions: You must cross out Mom 2 above if you have bean nofi bd by the IRS that you are currenfty
sub,Jecd to backup withholding because you have fulled to report ail Interest and dividends on your tax return . For raw
estate transactions, item 2 does not apply. For mortgage interest paid, acqui Ilion or abandonment of segued property,
canceHadon of debt; conhlbutions to an hx Wdual retirement arrangement (►RA), and gene► *, payments other than
interest and dmidends, you are not required to sign the Cerftatbn, but you must provide your correct TIN.
cMansfaaek..-- Yl�eca�teagan tlM.
.:.,,..1 • Ni'•,51O N ' „•.� " : ."i@ 7: a*• yF "{e . ..� 4' ` @.'+t~ \ tla �' j,•t s',! . -�,�•
TO: Royal Alliance Associates, Inc. ('BD")
PERSHING LLC rPERSHING' (ace. REFERENCES TO PERSN RELATE TO BRMMGEACCOLOWTS 01Ve.y7
A. I hereby aclawWAedge that BD is acting as a brdcer- dealer only with respect to this account. BD is not acting as an advisor or
Muclary unless I have executed a separate advisory contract.
B. In consideration of your opening andfor carrying one or more accounts on my half, I hereby adamModge by my signature
below that 1 have received, read, understand and agree to the terms set forth in the Customer Agreement of this application and
the Disclosure of Credit Terms on Transactions.
The Customer Agreemord contains a pro4lapute Arbitration Provision. This provision Is contained on Page 1, Section 1 of
Customer Agrownent and appears In bold print.
' CUM 81pot re— OWlemerApiwwd D"
Client 3ignabae Page, REV 06/2012 Page 1 of 1
$0.46
US POSTAGE
FIRST-Cl
PA 1;112
�000am
Matthew Hanshaw
ARK Wealth Management
2787 Monticello Lane
Harrisburg, PA 17112
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.... . __. _ .._ _. _....._ _ . ...... ...... .. ____. ..._ _.. ....._.. .. .. ....
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Matthew Hanshaw
ARK Wealth Management
2787 Monticello Lane
Harrisburg, PA 17112 '
EXHIBIT "D"
w
. Louis J. Capozzi, Jr:, Esquire* • 1200 Camp Hill Bypass
Daniel K. Natirbo$ "` L# Esquire �► Camp Hill, PA 17011
Donald R. Reavey, Esquire
Craig I. Adler, Esquire ** Mailing Address: P.O. Box 5866
Andrew R Eisemann. Esquire 6 Harrisburg, PA 17110
Bruce G. Baron, Esquire
Dawn L. Richards Esquire �''`'
q "` ' Telephone: (717) 233 -4101
Matthew A. Thomsen, Esquire ** Facsimile: (717) 233 4103
Brandon S. Williams, Esquire www.capozziadler.com
Paul R. Van Fleet, Esquire z
MBA. Crum, Esquire % Mid -Penn Abstract Company
Timothy Ziegler, Sr. Reimb. Analyst
Erin E. Motter, Jr. Reimb. Analyst w Charter Settlement Company
Karen L. Fisher, Paralegal ;.. Telephone: (717) 234 -3289
Keyoung J. Gill, Paralegal Facsimile: (717) 234 -1670
Gwenn M. Keene, Paralegal
*(Licensed in PA, NJ and MD)
* *(Licensed in PA and NJ)
April 23, 2013
Via Email
Elliot A. Strokoff, Esquire
Strokoff & Cowden, P.C.
132 State Street
Harrisburg, PA 17101
Re: Matthew Hanshaw
Our Matter Number: 245 -13
Mr. Strokoff:
As you are aware from my prior correspondence, our office represents Ranker - Hanshaw
Financial Group regarding Matthew Hanshaw. Please direct all future correspondences directly to
my attention.
Given that Mr. Hanshaw failed to respond to Mr. Ranker's and Mr. Firestone's letter of
April 17, 2013 by the April 19, 2013 deadline, Ranker- Hanshaw majority shareholders, have
proceeded as necessary to fulfill their fiduciary and ethical obligations to their clients, and to
protect their interests. I am not sure of the source of the confusion, but Mr. Ranker assures me that
he has only told clients that Mr. Hanshaw is currently out on temporary disability.
However, it has come to our attention that Mr. Hanshaw has communicated to clients that he
is no longer affiliated with Ranker - Hanshaw, and that he will offer his services to clients
independently. Mr. Ranker and Mr. Firestone will present clients with the opportunity to continue
to have Mr. Ranker and Mr. Firestone administer their accounts.
It has come to our attention that Mr. Hanshaw may be taking action with regard to Ranker -
Hanshaw corporate funds and clients. This is a violation of not only the Involuntary Termination
provisions of the August 1, 2011 Shareholder Agreement, but also violates the Best Efforts and
Personal Behavior provisions of the Shareholder's Agreement and Mr. Hanshaw's duty of loyalty to
his fellow shareholders. Accordingly, Mr. Hanshaw is terminated as a Shareholder, and will not
receive any compensation per the terms of the Shareholder Agreement.
f .
Please contact me with any questions or concerns.
Yours truly,
Brandon S. Williams
cc: Taylor Ranker
Brent Firestone
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
PILED-OF
Sheriff ` THE PROTHONU TAR'i
coo cat 11,r Grq,� 4
Jody S Smith
HO NOV —4 PH 3; $5
Chief Deputy
Richard W Stewart
CUMBERLAND COUNTY
Solicitor OrFi EOP _ PENNSYLVANIA
Questmont Strategic Wealth Advisors, Inc. f/b/a
Case Number
vs.
Matthew T Hanshaw 2013-6073
SHERIFF'S RETURN OF SERVICE
10/16/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Matthew T Hanshaw, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within
Complaint&Notice according to law.
10/28/2013 The requested Complaint& Notice served by the Sheriff of Dauphin County upon James Cowden,
Attorney for Defendant,who accepted for Matthew T Hanshaw, at 2787 Monticello Lane, Harrisburg, PA
17112. Carl Nace, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $37.46 SO ANSWERS,
October 31, 2013 RON R ANDERSON, SHERIFF
�c)Cnu-iySuiie Shorit(.Te+coso@.;..,..
tlit of :tL a 1 C j .
Shelley Ruhl l Jack Duignan
Real Estate Deputy Gy o' • Chief Deputy
a(
Matthew L. Owens — � Michael W. Rinehart
Solicitor Assistant Chief Deputy
Dauphin County
101 Market Street
Harrisburg,Pennsylvania 17101-2079
ph:(717)780-6590 fax:(717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania QUESTMONT STRATEGIC WEALTH
ADVISORS, INC., ET AL
VS
County of Dauphin MATTHEW T. HANSHAW
Sheriffs Return
No. 2013-T-2809
OTHER COUNTY NO. 2013-6073
And now: OCTOBER 28, 2013 at 1:00:00 PM served the within COMPLAINT FOR
DECLARATORY JUDGEMENT upon MATTHEW T. HANSHAW by personally handing to JAMES
COWDEN * 1 true attested copy of the original COMPLAINT FOR DECLARATORY
JUDGEMENT and making known to him/her the contents thereof at 130 STATE STREET
HARRISBURG PA 17101
* ATTORNEY FOR DEFENDANT
COMPLETED ACCEPTANCE OF SERVICE FORM ATTACHED.
Sworn and subscribed to So Answers,
before me this 29TH day of October, 2013 ✓�`
-�J Sheriff of Da phin County, Pa.
By
COMMONWEALTH OF PENNSYLVANIA Dep heriff
NOTARIAL SEAL Deputy: JEFF TEETER
Karen M.Hoffman,Notary Public
City of Harrisburg,Dauphin County Sheriffs Costs: $49.25 10/21/2013
My Commission Expires August 17,2014
tree of Iftrr s/Terr
Matthew L. Owens Jack Duignan
Solicitor 1.1.401011 Chief Deputy
Michael W. Rinehart
..,:� '
l,� Assistant Chief Deputy
.‘,&4200 tic
wog;11..1111
Dauphin County
101 Market Street
Harrisburg,Pennsylvania 17101
ph:(717)780-6590 fax:(717)255-2889
Jack Lotwick
Sheriff
ACCEPTANCE OF SERVICE COPY
I accept service of the
(on behalf of C o trly t c i al- for o e c l a I ri �) u d.G � E- "[ So ( o
and certify that I am authorized to do so.) M T, Q n SIn Qkr•-1
(07-a,=P//
Date
Defendant or Authorized Agent
zs{ te S-f- �ts� Iii / 7 / D /
Mailing Address
Elliot A. Strokoff, Esq.
Strokoff& Cowden, PC r ' e
132 State Street
Harrisburg, PA 17101
717-233-5353 f' ) C CU r..-
eas@strokoffandcowden.com
P 'ti 5Y1 yr t��IA i
QUESTMONT STRATEGIC WEALTH IN THE COURT OF COMMON PLEAS
ADVISORS, INC. f/d/b/a RANKER CUMBERLAND COUNTY,
HANSHAW FINANCIAL GROUP, INC. PENNSYLVANIA
and TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually, Civil Action No.: 13-6073
Plaintiffs
Civil Term
V.
MATTHEW T. HANSHAW,
Defendant.
DEFENDENDANT MATTHEW T. HANSHAW'S
PRELIMINARY OBJECTIONS TO PLAINTIFFS'
ACTION FOR DECLARATORY JUDGMENT
Defendant Matthew T. Hanshaw ("Defendant"), by and through his
counsel, Strokoff& Cowden, files his Preliminary Objections to Plaintiffs'Action
for Declaratory Judgment, averring in support thereof as follows:
1. On or about October 15, 2013, Plaintiffs filed a 61-paragraph,
two-count Action for Declaratory Judgment against Defendant averring Count I,
"Declaratory Judgment- Defendant Not Entitled to Compensation Under the
Shareholder's Agreement," and Count II, "Declaratory Judgment- Defendant Has
No Right to Damages.
2. Defendant's legal counsel accepted service for the Action for
Declaratory Judgment on October 28, 2013.
1
PRELIMINARY OBJECTION PURSUANT TO PA.R.C.P. 1019(I) FOR FAILURE
TO CONFORM TO LAW OR RULE OF COURT - FAILURE TO ATTACH
3. Paragraphs 11 and 12 of Plaintiffs'Action for Declaratory
Judgment is based on receipt of averred demand for payment
correspondences/communications, which Plaintiffs failed to attach to the
complaint.
4. Pa.R.C.P. 1019(i) requires that:
When any claim or defense is based upon a writing, the
pleader shall attach a copy of the writing, or the material part
thereof, but if the writing or copy is not accessible to the
pleader, it is sufficient so to state, together with the reason,
and set forth the substance in writing.
Pa.R.C.P. 1019(i), see Gross v. United Engineers & Constructors, Inc., 224 Pa.
Super. 233, 236 (1973)(finding that the pleader is not relieved from providing the
material facts simply because defendant sent the letter or has the letter in his
possession).
5. Plaintiffs failed to attach the correspondences/
communications upon which their Action for Declaratory Judgment is based;
therefore, Plaintiffs'Action for Declaratory Judgment should be stricken.
WHEREFORE, Defendant respectfully requests this Court to grant
this preliminary objection and that Plaintiffs'Action for Declaratory Judgment be
stricken.
2
PRELIMINARY OBJECTION FOR FAILURE TO STATE A CLAIM
6. Plaintiffs'Action for Declaratory Judgment is improper and is
an attempt to adjudicate the validity of a defense or defenses to a potential future
lawsuit as set forth in the correspondences/communications, which Plaintiffs
intentionally did not attach to their Action for Declaratory Judgment.
7. Where Plaintiff pleads to the existence of certain documents to
plead a cause of action, but fails to attach those documents, the court may
consider the documents when attached to the Defendant's demurrer. See
Satchell v. Ins. Placement Facility of Penns lvy ania, 361 A.2d 375, 377-38 (Pa.
Super. 1976). Accordingly, the correspondences/communications, for which
Plaintiffs' Action for Declaratory Judgment are based, are attached as "Exhibit A"
and "Exhibit B" hereto.
8. Under the Pennsylvania Declaratory Judgment Act, a court
should decline to rule on a mere tactical maneuver to "attempt to adjudicate the
validity of a defense to a potential future lawsuit." Osram Sylvania Products, Inc.
v. Consup Commodities, Inc., 845 A.2d 846, 848-49 (Pa. Super. 2004).
9. The June 26, 2013, correspondence (Exhibit A) plainly states
that Defendant is prepared to file a lawsuit against Plaintiffs, and the September
25, 2013, correspondence (Exhibit B) clearly states that Defendant requested
response by October 16, 2013, one-day following the filing of Plaintiffs'Action for
Declaratory Judgment.
3
10. Defendant objects to the Action for Declaratory Judgment on
the grounds that Plaintiffs are clearly and improperly attempting to test the
validity of a defense or defenses to a potential future lawsuit.
WHEREFORE, Defendant respectfully requests this Court to grant
his preliminary objection and dismiss all counts of Plaintiffs'Action for
Declaratory Judgment.
PRELIMINARY OBJECTION TO INCLUSION OF SCANDALOUS AND
IMPERTINENT MATTER PURSUANT TO PA.R.C.P. 1028(a)(2)
11. Paragraphs 20, 21, 23, 24, 25, 27 (a) - (1), and 29 are
immaterial and inappropriate to the proof of the cause of action and in violation
of Pa.R.C.P. 1028(a)(2).
12. These same paragraphs are an improper attempt by Plaintiffs
to use the legal process to defame Defendant.
13. Pa.R.C.P. 1028(a)(2) provides that preliminary objection may
be filed for "inclusion of scandalous or impertinent matter."
WHEREFORE, Defendant requests that paragraphs 20, 21, 23, 24,
25, 27 (a) - (1), and 29 of Plaintiffs'Action for Declaratory Judgment be stricken.
Respectfully submitted,
STROKO F COWDEN, P.C.
By:
Elliot A. Strokoff
I.D. No. 16677
DATE: 11/ 14/ 13 132 State Street
Harrisburg, PA 17101
(717) 233-5353
4
STROKOFF & COWDEN, P.C.
ATTORNEYS AT LAW
TELEPHONE 132 STATE STREET FAX
(717)233-5353 HARRISBURG, PENNSYLVANIA 17101 (717)233-5806
www.strokoffandcowden.com
June 26, 2013
Via Email: BrandonWgcapozziadler.com
and First-Class Mail
Brandon S. Williams, Esquire
Capozzi Adler, PC
PO Box 5866
Harrisburg, PA 17110
RE: Matthew Hanshaw v. Taylor Ranker, Brett Firestone
and Ranker-Hanshaw Financial Group
Your,Matter No.: 245-13
Dear Mr. Williams:
As you well know, the majority shareholders of a corporation owe
the minority shareholders a fiduciary obligation to act in utmost good faith
and loyalty. Majority shareholders may not "exclude minority shareholders
from their proper share of benefits accruing from the corporate enterprise."
Viener v. Jacobs, 834 A.2d 546, 556 (2003). Indeed, when the majority
shareholders act oppressively with respect to the minority shareholders, the
court appointment of a custodian for the corporation is justified. Ford v. Ford,
878 A.2d 894 (2005).
Adding substantial insult to your clients' breach of fiduciary duty
is that, notwithstanding my cease and desist letter of April 22, 2013, Mr.
Ranker and Mr. Firestone have continued to slander Mr. Hanshaw both to
colleagues in the industry and to Mr. Hanshaw's clients. As recently as a few
weeks ago, Mr. Ranker was telling clients that Mr. Hanshaw was not able to
use SEI anymore and that clients staying with Mr. Hanshaw would have to sell
their SEI investments and open up a new account with a firm other SEI. Thus,
Mr. Ranker has opened himself up to additional personal liability for punitive
damages.
EXHIBIT
s A
Brandon S. Williams, Ebquire
June 26, 2013
Page 2
More than 2 months have passed since Messrs. Ranker and
Firestone illegally froze my client out from Ranker-Hanshaw Financial Group,
Inc., an enterprise which Mr. Hanshaw cofounded, remains a 40% shareholder
and by any reasonable standard was the driving force behind its success. By
now your clients should be in a position to fairly assess their ill-gotten gains.
Unfortunately, by virtue of their conduct and their slanderous comments, some
of Mr. Hanshaw's clients have been lost to third party firms, a lose-lose
situation.
On April 17, 2013, your clients wrote they were desirous of an
amicable separation, although for a woefully inadequate consideration.
We are at the point now where we are prepared to begin filing our
separate lawsuits against Mr. Ranker personally, against Mr. Firestone
personally and against Ranker-Hanshaw Financial Group, Inc. If your clients
are still desirous of reaching an amicable resolution for a fair consideration, I
suggest that you contact me this week to discuss same. If you do not, be
assured the lawsuits will follow.
Very.truly yours,
Elliot A. Strokoff
EAS/crd
cc: Matthew Hanshaw
STROKOFF & COWDEN, P.C.
ATTORNEYS AT LAW
TELEPHONE 132 STATE STREET FAX
(717)233-5353 HARRISBURG,PENNSYLVANIA 17101 (717)233-5806
www.strokoffandcowden.com
September 25, 2013
Via Email: BrandonW(a),capozziadler.com
and First-Class Mail
Brandon S. Williams, Esquire
Capozzi Adler, PC
PO Box 5866
Harrisburg, PA 17110
RE: Matthew Hanshaw v. Taylor Ranker, Brett Firestone
and Ranker-Hanshaw Financial Group
Your Matter No.: 245-13
Dear Mr. Williams:
I thought it best to let some more time pass and let the parties
settle into their new business models before responding to your letter of July 1,
2013.
I am not going to argue the legality/illegality of your clients'
actions.. I am quite confident that, regardless of your advocacy of their
position, you have explained to your clients their very substantial corporate
and personal liability.
The undisputed facts are that, in large and substantial part due to
the efforts of my client over the years, Ranker-Hanshaw became a very
profitable business enterprise, with growing profits. A testament to the
economic substance of the business was the Royal Alliance deal of December
2012. In March 2013, the principals of the Company agreed to a $5,000 per
month raise for my client. And at least until a few weeks ago, the company
continued to exploit the business good will of my client's name.
The partners netted over $800,000 in 2012. While I am sure you
would argue for smaller multiples, based on the growth of the company, it is
not unreasonable to value the Company as an income generator at 7-10 times
those 2012 net earnings, of which my client has a 40% common stock interest.
EXHIBIT
I B
r
Brandon S. Williams, Esquire
September 25, 2013
Page 2
Your July 1, 2013 letter refers to an "indemnification" from the
Royal Alliance obligation. However, with all due respect, your clients'
indemnification means little unless Royal Alliance agrees to release my client,
which we believe is.unrealistic. Similarly, indemnification of my client's
guarantee under the Company's lease and/or other obligations probably means
little without a release.
Aside from the company's stock valuation, your clients have
disrupted my client's income stream. It is difficult, at this time, to accurately
project what that loss will be over the next few years, but it is likely it will be 6
figures for the year following the termination of his employment. And, Taylor
Ranker has defamed my client and interfered with my client's business
relationships, for which he bears personal responsibility, and probably punitive
damages liability as well.
Mr. Hanshaw offers to settle with Ranker-Hanshaw for 10
payments, to be evidenced by a promissory note, and secured by the assets of
Ranker-Hanshaw (but with the flexibility to conduct business in the ordinary
course) as follows:
a) $100,000 payable December 1, 2013;
b) $150,000 payable June 30, 2014;
c) $100,000 payable on or before December 31, 2014;
d) $150,000 payable on or before June 30, 2015;
e) $100,000 payable on or before December 31, 2015;
f) $150,000 payable on or before June 30, 2016
g) $100,000 payable on or before; December 31, 2016;
h) $150,000 payable on or before June 30, 2017;
i) $100,000 payable on or before December 31, 2017
j) $150,000 payable on or before June 30, 2018.
In addition, Mr. Hanshaw offers to settle his defamation and
punitive damages claims against Mr. Ranker for the sum of $375,000: $75,000
payable within 60 days of the executed Settlement Agreement, and $75,000 on
the anniversary thereof for 4 more years.
As I am sure you will advise them, the "costs" of litigation will be
substantial. Aside from their lost time and legal fees, loss of clients as a result
of public litigation is almost inevitable. Thus, from a business standpoint, the
above proposal makes good sense for your clients.
Brandon S. Williams, Esquire
September 25, 2013
Page 3
I request the courtesy of a response by close of business October
16, 2013.
Naturally, if you need any clarification, please don't hesitate to
contact me.
Very truly yours,
io A. Strokoff
EAS/crd
cc: Matthew Hanshaw
QUESTMONT STRATEGIC WEALTH IN THE COURT OF COMMON PLEAS
ADVISORS, INC. f/d/b/a RANKER CUMBERLAND COUNTY,
HANSHAW FINANCIAL GROUP, INC. PENNSYLVANIA
and TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually, Civil Action No.: 13-6073
Plaintiffs
Civil Term
V.
MATTHEW T. HANSHAW,
Defendant.
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):
Donald R. Reavey, Esq.
Brandon Williams, Esq.
Capozzi Adler, P.C.
P.O. Box. 5866
Harrisburg, PA. 17110
Dated: 11/14/13 By:
Elliot A. Strokoff
5
RIA
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the(n-ext
Argument Court.)"
-- ---------- -- --------Please list this within matter for the next Argument Court z -
- ---------------------------------- -- - - - ---------------- ry7
CAPTION OF CASE
PQ
(entire caption must be stated in full)
Questmont Strategic Wealth Advisors, Inc. '-','
f/d/b/a Ranker Hanshaw Financial Group, Inc. and _ C)
3 c':
Taylor K. Ranker, II and Brent A. Firestone, Individually
vs. 77
Matthew T. Hanshaw
No.13-6073 Civil Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Defendant's Preliminajz� ObJections to Plaintiffs Action for Declarato l:�Z,ludgment
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Donald R. Reavey, Esq./Brandon Williams, Esq.
(Name and Address)
P.O.Box 5866, Harrisburg, Pennsylvania 17110
(b) for defendants:
Elliot A. Strokoff, Esq.
(Name and Address)
132 State Street, Harrisburg, Pennsylvania 17101
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
December 20 2013
Sign ure
Elliot A. Strokoff
Print your name
Matthew T. Hanshaw
Attorney for
Date: November 19, 2013
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.
a ���
t
s
Elliot A. Strokoff, Esq.
Strokoff& Cowden, PC
132 State Street
Harrisburg, PA 17101
717-233-5353
eas@strokoffandcowden.com
QUESTMONT STRATEGIC WEALTH IN THE COURT OF COMMON PLEAS
ADVISORS, INC. f/d/b/a RANKER CUMBERLAND COUNTY,
HANSHAW FINANCIAL GROUP, INC. PENNSYLVANIA
and TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually, Civil Action No.: 13-6073
Plaintiffs
Civil Term
V.
MATTHEW T. HANSHAW,
Defendant.
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have this day served a true and
correct copy of the foregoing Praecipe for Argument Court by first-class mail,
postage prepaid, on the following person(s):
Donald R. Reavey, Esq.
Brandon Williams, Esq.
Capozzi Adler, P.C.
P.O. Box. 5866
Harrisburg, PA. 17110
Date: 11-19-13 /
Elliot A. Strokoff
CAPOZZI ADLER, P.C. %. TM;j ij_ r ��
By: Donald R. Reavey, Esquire odd h'�J T J �, ,t
Attorney I.D. No. 82498 2813 DEC Brandon Williams, Esquire 3 Pti 2: 05
Attorney I.D. No. 200713 CUMBERL1;JU °�N
P.O. Box 5866 PENNSYLVANIA
Harrisburg, PA 17110
(717) 233-4101 Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH : CIVIL ACTION—LAW
ADVISORS, INC. f/d/b/a RANKER
HANSHAW FINANCIAL GROUP, INC., :
and TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually, •
Plaintiffs •
vs. • No. 13-6073
MATTHEW T. HANSHAW. •
•
Defendant •
RESPONSE TO PRELIMINARY OBJECTIONS TO PLAINTIFF'S ACTION FOR
DECLARATORY JUDGMENT
NOW COME, Plaintiffs, Questmont Strategic Wealth Advisors, Inc. f/d/b/a Ranker-
Hanshaw Financial Group, Inc. ("Questmont"), Taylor K. Ranker, II ("Mr. Ranker"), and Brent
A. Firestone ("Mr. Firestone") by and through their counsel, Capozzi Adler, P.C., and file this
Response to Defendant Matthew T. Hanshaw's ("Defendant") Preliminary Objections to Action
for Declaratory Judgment, and in support thereof, aver as follows:
1. Admitted.
2. Admitted.
3. Denied. The allegations set forth in this Paragraph state a legal conclusion to which
no response is required, and purports to characterize documents that speak for
themselves. Strict proof of the allegations and conclusions contained in this
paragraph is demanded at trial.
4. Denied. The allegations set forth in this Paragraph state a legal conclusion to which
no response is required. Strict proof thereof is demanded at trial.
5. Denied. The allegations set forth in this Paragraph state a legal conclusion to which
no response is required, and purports to characterize documents that speak for
themselves. Strict proof of the allegations and conclusions contained in this
paragraph is demanded at trial.
WHEREFORE, Plaintiffs respectfully request that Defendant's Preliminary Objections
be denied, or, in the alternative, grant Plaintiffs leave to amend their Complaint.
6. Denied. The allegations set forth in this Paragraph state a legal conclusion to which
no response is required. To the extent that this Paragraph contains factual allegations
relating to Plaintiffs intentional actions, those allegations are denied. Strict proof
thereof is demanded at trial.
7. Admitted in Part, Denied in Part. It is admitted that the
correspondences/communications attached as Exhibit "A" and `B" to Defendant's
Preliminary Objections are communications from Counsel for Defendant to Counsel
for Plaintiff The remaining allegations set forth in this Paragraph state a legal
conclusion to which no response is required. Strict proof thereof is demanded at trial.
8. Denied. The allegations set forth in this Paragraph state a legal conclusion to which
no response is required. Strict proof thereof is demanded at trial.
9. Admitted.
10. Denied. The allegations set forth in this Paragraph state a legal conclusion to which
no response is required. Strict proof thereof is demanded at trial.
WHEREFORE, Plaintiffs respectfully request that Defendant's Preliminary Objections
be denied, or, in the alternative, grant Plaintiffs leave to amend their Complaint.
11. Denied. The allegations set forth in this Paragraph state a legal conclusion to which
no response is required. Strict proof thereof is demanded at trial.
12. Denied. The allegations set forth in this Paragraph state a legal conclusion to which
no response is required. Strict proof thereof is demanded at trial.
13. Denied. The allegations set forth in this Paragraph state a legal conclusion to which
no response is required. Strict proof thereof is demanded at trial.
WHEREFORE, Plaintiffs respectfully request that Defendant's Preliminary Objections
be denied, or, in the alternative, grant Plaintiffs leave to amend their Complaint.
Respectfully submitted,
CAPOZZI ADL , P.C.
Date: ( 2 3 13
Donald R. Reavey, Esquire
Attorney I.D. No.: 82498
Brandon S. Williams, Esquire
Attorney I.D. No.: 200713
P. O. Box 5866
Harrisburg, PA 17110
(717)233-4101
Fax: (717)233-4103
Attorneys for Plaintiff
CAPOZZI ADLER, P.C.
By: Donald R. Reavey, Esquire
Attorney I.D.No. 82498
Brandon Williams, Esquire
Attorney I.D.No. 200713
P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101 Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH : CIVIL ACTION—LAW
ADVISORS, INC. f/d/b/a RANKER •
HANSHAW FINANCIAL GROUP, INC., :
and TAYLOR K. RANKER, II and •
BRENT A. FIRESTONE, individually, •
Plaintiffs
•
•
vs. • No. 13-6073
•
MATTHEW T. HANSHAW.
•
Defendant
CERTIFICATE OF SERVICE
I, Brandon S. Williams, Esquire, hereby certify I have this 3rd Day of December, 2013,
served a true and correct copy of the Plaintiffs Response to Preliminary Objections to Plaintiffs
Action for Declaratory Judgment by first-class U.S. mail,postage prepaid, on the following
person(s):
Elliott A. Strokoff, Esquire
Strokoff& Cowden,PC
132 State Street
Harrisburg, PA 17101
Date: /0 - 3/3
�'�' l
r
Brandon S. William Esquire
Attorney I.D.No.: 200713
P. O. Box 5866
Harrisburg, PA 17110
(717)233-4101
Fax: (717) 233-4103
Attorneys for Plaintiff
#14.
QUESTMONT STRATEGIC WEALTH : IN THE COURT OF COMMON PLEAS OF
ADVISORS, INC.f/d/b/a RANKER : CUMBERLAND COUNTY, PENNSYLVANIA
HANSHAW FINANCIAL GROUP, INC., :
And TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually,
Plaintiff •
'n c_ --
''`
V.
on^ ��
co c�
r-' —c-
MATTHEW 7[ HANSHAW, : NO.3O13-6O73 CIVIL TERM
Defendant _'-
r `n `� '•
�-'
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS
BEFORE GUIDO, MASLAND, PECK U.
ORDER OF COURT
AND NOW,this 6 day of JANUARY, 2014,after reviewing the briefs filed by the parties in
support of their respective positions and having heard argument thereon we are satisfied that this
action for declaratory judgment is"merely a tactical maneuver designed to test the validity of a defense
to a future lawsuit." Osram Sylvania Products Inc., v. Consump Commodities Inc., 845 A.2d 846,848(Pa.
Super 2004). Consequently, we decline to exercise jurisdiction over this matter. Defendant's
Preliminary Objections are SUSTAINED and this action is DISMISSED.
By h
'Hii011111H.
Edward E.Guido,J.
°..~~Dnna|dR. Reovey Esquire
Brandon S.Williams, Esquire
A.Strokoff, Esquire
Court - ^'l -�� L
�� ~
K ~
/*Al
'
FILED-GEFiCR
CAPOZZI ADLER, P.C. = THE PROTHONO Tti `
By: Donald R. Reavey, Esquire
Attorney I.D. No. 82498 2014 JAN 29 PM t 35
Brandon Williams, Esquire CUMBERLAND COUNTY
Attorney I.D. No. 200713 PENNSYLVANIA P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101 Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH : CIVIL ACTION—LAW
ADVISORS, INC. f/d/b/a RANKER
HANSHAW FINANCIAL GROUP, INC., :
and TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually, :
Plaintiffs
vs. • No. 13-6073
•
MATTHEW T. HANSHAW.
•
Defendant
NOTICE OF APPEAL
Notice is hereby given that Questmont Strategic Wealth Advisors, Inc d/d/b/a Ranker
Hanshaw Financial Group, Inc., and Taylor K. Ranker, II and Brent A. Firestone, Plaintiffs in the
above styled and numbered cause of action, hereby appeal to the Superior Court of Pennsylvania
from the Order entered in the matter on January 8, 2014. A true and correct copy of the January
8, 2014, Order is attached hereto as Exhibit"1". This Order has been entered in the docket as
evidenced by a copy of the docket entries attached hereto and incorporated herein by reference.
Respectfully submitted, ✓
CAPOZ —ADL 12, .0/ /
Date: /' 2 9 /7 7"--1.--k-t T
Donald R. Reavey, Esquire
Attorney I.D. No.: 82498
Brandon S. Williams, Esquire
Attorney I.D. No.: 200713
P. O. Box 5866 _ of 17y7
Harrisburg, PA 17110 5 7'
(717) 233-4101 e ,'7.µ ig7
Fax: (717) 233-4103 tT
Attorneys for Plaintiff p 340103 0
�%ierSen
apt
CAPOZZI ADLER, P.C.
By: Donald R. Reavey, Esquire
Attorney I.D. No. 82498
Brandon Williams, Esquire
Attorney I.D. No. 200713
P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101 Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH : CIVIL ACTION—LAW
ADVISORS, INC. f/d/b/a RANKER
HANSHAW FINANCIAL GROUP, INC., :
and TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually, :
Plaintiffs
vs. • No. 13-6073
MATTHEW T. HANSHAW.
•
Defendant
CERTIFICATION OF NO TRANSCRIPT
Pursuant to Pa. R.A.P. Rule 904(c), counsel for the Plaintiffs, Brandon S. Williams,
Esquire, hereby certifies that no verbatim record of the proceedings exists.
"' Brandon S. Williams, squire
Attorney I.D. No.: 200713
Capozzi Adler, P.C.
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Fax: (717) 233-4103
Attorneys for Plaintiff
•
#14.
QUESTMONT STRATEGIC WEALTH : IN THE COURT OF COMMON PLEAS OF
ADVISORS, INC.f/d/b/a RANKER : CUMBERLAND COUNTY, PENNSYLVANIA
HANSHAW FINANCIAL GROUP, INC., .
And TAYLOR K.RANKER, II and
•
BRENT A. FIRESTONE, individually, .
•
Plaintiff
rrl C--Z;
V.
MATTHEW T. HANSHAW, : NO.2013—6073 CIVIL TERM
Defendant = c,
•
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS
BEFORE GUIDO, MASLAND, PECK,A.
ORDER OF COURT
AND NOW,this 6T"day of JANUARY, 2014,after reviewing the briefs filed by the parties in
support of their respective positions and having heard argument thereon we are satisfied that this
action for declaratory judgment is"merely a tactical maneuver designed to test the validity of a defense
to a future lawsuit." Osram Sylvania Products Inc., v. Consump Commodities Inc., 845 A.2d 846,848(Pa.
Super 2004). Consequently,we decline to exercise jurisdiction over this matter. Defendant's
Preliminary Objections are SUSTAINED and this action is DISMISSED.
By the Con-
Edward E.Guido,J.
Donald R. Reavey, Esquire
Brandon S.Williams, Esquire
Elliott A.Strokoff, Esquire
Court Administrator
CAPOZZI ADLER, P.C.
By: Donald R. Reavey, Esquire
Attorney I.D. No. 82498
Brandon Williams, Esquire
Attorney I.D.No. 200713
P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101 Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH : CIVIL ACTION—LAW
ADVISORS, INC. f/d/b/a RANKER
HANSHAW FINANCIAL GROUP, INC., :
and TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually, :
Plaintiffs
vs. • No. 13-6073
•
MATTHEW T. HANSHAW.
Defendant
CERTIFICATE OF SERVICE
I, Brandon S. Williams, Esquire, hereby certify I have this Day of January, 2014,
served a true and correct copy of the Plaintiffs Notice of Appeal with Certification of No
Transcript, upon the persons and in the matter indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Appellant Procedure, by depositing a copy of same I
the U.S. Mail, with first-class postage prepaid, as follows:
Elliott A. Strokoff, Esquire The Honorable Edward E. Guido
Strokoff& Cowden, PC Court of Common Pleas, Cumberland County
132 State Street Cumberland County Courthouse
Harrisburg, PA 17101 One Courthouse Square
Carlisle, PA 17013
Melissa Calvanelli Sue Stoner, Court Reporter
District Court Administrator Cumberland County Courthouse
Cumberland County Courthouse Court Administration
One Courthouse Square, 3R One Courthouse Square
Carlisle, PA 17013 Carlisle 17 ,
Date: 1 -2 .' /
Brandon S. Williams, Esquire
Attorney I.D. No.: 200713
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Fax: (717) 233-4103
Attorneys for Plaintiff
PYS511 Cumberland County Prothonotary' s Office Page 1
Civil Case Print
2013-06073 QUESTMONT STRATEGIC WEALTH ADV (vs) HANSHAW MATTHEW T
Reference No. . : Filed 10/15/2013
Case Type MISCELLANEOUS - DECLAR Time 3 : 45
Judgment . 00 Execution Date 0/00/0000
Judge Assigned: GUIDO EDWARD E Jury Trial . . . .
Disposed Desc . : Disposed Date . 0/00/0000
Case Comments Higher Crt 1 . :
Higher Crt 2 . :
********************************************************************************
General Index Attorney Info
QUESTMONT STRATEGIC WEALTH PLAINTIFF REAVEY DONALD R
ADVISORS INC
1200 CAMP HILL BYPASS
SUITE 201
CAMP HILL PA 17011
RANKER HANSHAW FINANCIAL PLAINTIFF REAVEY DONALD R
GROUP INC
1200 CAMP HILL BYPASS
SUITE 201
CAMP HILL PA 17011
RANKER TAYLOR II PLAINTIFF REAVEY DONALD R
2375 FOREST HILL DRIVE
HARRISBURG PA 17112
FIRESTONE BRENT A PLAINTIFF REAVEY DONALD R
3201 ASHLEY LANE
DOVER PA 17315
HANSHAW MATTHEW T DEFENDANT
2787 MONTICELLO LANE
HARRISBURG PA 17112
********************************************************************************
* Date Entries
FIRST ENTRY
10/15/2013 COMPLAINT - DECLARATORY JUDGMENT - BY DONALD R REAVEY ATTY FOR
PLFFS
11/04/2013 SHERIFF' S RETURN - DATED 1028/13 - COMPLAINT BY DAUPHIN COUNTY
UPON JAMES COWDEN ATTY FOR EFENDANT AT 2787 MONTICELLO LANE
HARRISBURG PA 17112
SHERIFF COST - $37 . 46
11/15/2013 DEFT MATTHEW T HANSHAW' S PRELIMINARY OBJECTIONS TO PLFFS ' ACTION
FOR DECLARATORY JUDGMENT - BY ELLIOT A STROKOFF ATTY FOR DEFT
11/21/2013 PRAECIPE FOR LISTING CASE FOR ARGUMENT - BY ELLIOT A STROKOFF ATTY
FOR DEFT - DEFENDANT' S PRELIMINARY OBJECTIONS TO PLAINTIFF' S
ACTION FOR DECLARATORY JUDGMENT
12/03/2013 RESPONSE TO PRELIMINARY OBJECTIONS TO PLFF' S ACTION FOR
DECLARATORY JUDGMENT - BY DONALD R REAVEY ATTY FOR PLFFS
1/08/2014 ORDER OF COURT - 1/6/14 - IN RE: DEFT' S PRELIMINARY OBJECTIONS -
**SUSTAINED** AND ACTION IS **DISMISSED** - BY THE COURT EDWARD E
GUIDO J - COPIES MAILED 1/8/14
LAST ENTRY
********************************************************************************
* Escrow Information
* Fees & Debits Beg Bal Pmts/Adi End Bal
******************************** ******** ****** *******************************
COMPLAINT 65 . 25 65 . 25 . 00
TAX ON CMPLT . 50 . 50 . 00
SETTLEMENT 9 . 50 9 . 50 . 00
AUTOMATION 5 . 00 5 . 00 . 00
JCP FEE 23 . 50 23 . 50 . 00
PREACIPE ARGUME 19 . 75 19 . 75 . 00
PYS511 Cumberland County Prothonotary' s Office Page 2
Civil Case Print
2013-06073 QUESTMONT STRATEGIC WEALTH ADV (vs) HANSHAW MATTHEW T
Reference No. . : Filed 10/15/2013
Case Type • MISCELLANEOUS - DECLAR Time 3 : 45
Judgment . 00 Execution Date 0/00/0000
Judge Assigned: GUIDO EDWARD E Jury Trial . . . .
Disposed Desc . : Disposed Date . 0/00/0000
Case Comments Higher Crt 1 . :
Higher Crt 2 . :
APPEAL HIGH CT 57 . 00 57 . 00 . 00
180 . 50 180 . 50 . 00
********************************************************************************
* End of Case Information *
********************************************************************************
o' r-nf i 71'e unto sr e t v m y D ha
nd 7us
sad Court at Carlisle, Pa_
day of T�; ,20
Z//)4i ‘ Prothonotary
/444/4'Oee-1. 21—
THE PRO UNO1ttii':
CAPOZZI ADLER, P.C.
By: Donald R. Reavey, Esquire 7014 JAN 29 PM 1: 35
Attorney I.D. No. 82498 CUMBERLAND COUNTY
Brandon Williams, Esquire PENNSYLVANIA
Attorney I.D. No. 200713
P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101 Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH : CIVIL ACTION—LAW
ADVISORS, INC. f/d/b/a RANKER
HANSHAW FINANCIAL GROUP, INC., :
and TAYLOR K. RANKER, II and
•
BRENT A. FIRESTONE, individually,
•
Plaintiffs
•
vs. • No. 13-6073
•
MATTHEW T. HANSHAW.
•
Defendant
CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL
In an order dated January 6, 2014, entered on the docket by the prothonotary of the
Court of Common Pleas of Cumberland County on January 8, 2014, the Honorable Edward E.
Guido sustained Defendant's Preliminary Objection and declined to exercise jurisdiction over the
above-captioned matter, dismissing Plaintiffs' Complaint. Pursuant to Cumberland County
Local Rule 1925, "in every appeal from an order or decree of this Court to which no post-trial
motions or exceptions were filed but such appeal is taken directly to an appellate court, appellant
or appellant's counsel shall within ten(10) days after taking the appeal, file of record a concise
statement of the matters complained of and intended to be argued on appeal. . ."
1
This appeal challenges the Court's Order sustaining Defendant's Preliminary Objection
resulting in dismissal of Plaintiffs' Complaint as "merely a tactical maneuver designed to test the
validity of a defense to a future lawsuit." Citing to Osram v. Sylvania Products Inc., v. Consump
Commodities Inc., 845 A.2d 846, 848 (Pa. Super 2004). The Court erred in sustaining the
Defendant's Preliminary Objections. The facts at issue are distinct from those in Osram, and
exactly the type of situation for which declaratory judgment was designed.
In Osram, the Superior Court addressed an action for Declaratory Judgment in which a
prior action had been filed in California. Osram, 845 A.2d at 848. There, the Court upheld the
trial court's decision to dismiss because the Declaratory Action filed in Pennsylvania was an
attempt to establish a valid defense to the California action, and
found that it was a tactical maneuver designed to force [the
California Plaintiff] to litigate any claim not just in Pennsylvania,
but . . . in Bradford County, and thereby circumvent Pennsylvania
law that normally allows the Plaintiff the choice of forum.
Id. The Declaratory Judgment action that was dismissed in Osram was an attempt to gain a
tactical advantage by determining forum.
Here, there are no other pending actions, and the Court of Common Pleas of Cumberland
County is the proper forum to decide the controversy between the parties. Despite Defendant's
Counsel's representations in their letter of September 2013, they still have not filed suit against
Plaintiffs. Plaintiffs' action was an attempt to resolve the uncertainty and insecurity caused by
Defendant's repeated threats of suit. The purpose of the Declaratory Judgment Act"is to settle
and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal
relations, and is to be liberally construed and administered."42 Pa.C.S.A. § 7541 (a). See also,
2
Curtis v. Cleland, 552 A.2d 316, 318 (Cmmw. Ct. 1988) ("The Declaratory Judgments Act is
remedial in nature and its purpose is to provide relief from uncertainty and establish various legal
relationships").
Respectfully submi d,
CAPOZ AD P
,
Date:
„-"Donald R. Reavey, Esquire
Attorney I.D. No.: 82498
Brandon S. Williams, Esquire
Attorney I.D.No.: 200713
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Fax: (717) 233-4103
Attorney for the Plaintiff
3
.1N4 o
CAPOZZI ADLER, P.C.
By: Donald R. Reavey, Esquire
Attorney I.D. No. 82498
Brandon Williams, Esquire
Attorney I.D. No. 200713
P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101 Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH : CIVIL ACTION—LAW
ADVISORS, INC. f/d/b/a RANKER
HANSHAW FINANCIAL GROUP, INC., :
and TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually, :
Plaintiffs
vs. • No. 13-6073
MATTHEW T. HANSHAW.
Defendant •
CERTIFICATE OF SERVICE
I, Brandon S. Williams, Esquire, hereby certify I have this ?i 7 Day of January, 2014,
served a true and correct copy of the Plaintiff s Concise Statement of Matters Complained of on
Appeal, upon the persons and in the matter indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Appellant Procedure, by depositing a copy of same I
the U.S. Mail, with first-class postage prepaid, as follows:
Elliott A. Strokoff, Esquire The Honorable Edward E. Guido
Strokoff& Cowden, PC Court of Common Pleas, Cumberland County
132 State Street Cumberland County Courthouse
Harrisburg, PA 17101 One Courthouse Square
Carlisle, PA 17013
Date: 1/2.2111/ fir?
randon S. Williams, E uire
Attorney I.D. No.: 200713
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorneys for Plaintiff
4
QUESTMONT STRATEGIC : IN THE COURT OF COMMON PLEAS OF
WEALTH ADVISORS, INC. : CUMBERLAND COUNTY,
f/d/b/a RANKER HANSHAW : PENNSYLVANIA
FINANCIAL GROUP, INC., and
TAYLOR K. RANKER, II and BRENT A. .
FIRESTONE, individually,
Plaintiffs
V.
MATTHEW T. HANSHAW, : NO. 2013 —6073 CIVIL
Defendant
ORDER OF COURT
AND NOW, this 30111 day of JANUARY, 2014, Plaintiffs shall file of record and
serve on this judge within twenty-one (21) days of this date, a concise statement of errors
complained of on appeal. Any issue not properly included in the concise statement timely filed
and served pursuant to Rule 1925 (b) shall be deemed waived.
By the C•
r.
r l!
Edward E. Guido, J.
Donald R. Reavey, Esquire
. -3randon S. Williams, Esquires
cz el
. -4
lliott A. Strokoff, Esquire rric c� _n
x= ter-
:sld ' w �`
CD
_ /� ' '
C(/ • '
6uperior Court of Vennotbauia
Joseph D.Seletyn,Esq. Pennsylvania Judicial Center
Prothonotary Middle District P.O.Box 62435
Mary A.Graybill,Esq, 601 Commonwealth Avenue,Suite 1600
Deputy Prothonotary Harrisburg,PA 17106-2435
January 30, 2014 (717)772-1294
www.pacourts.us/courts/superior-court
Buell, David D.
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Questmont Strategic Wealth Advisors, Inc. f/d/b/a Ranker Hanshaw Financial Group.Inc.
&Taylor K. Ranker II & Brent A. Firestone, individually
Appellants
V.
Matthew T. Hanshaw
173 MDA 2014
Dear David D. Buell:
Enclosed please find a copy of the docket for the above appeal that was recently filed in the
Superior Court. Kindly review the information on this docket and notify this office in writing if you
believe any corrections are required.
Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517,
for completion and filing. Please note that Superior Court Dockets are available on the Internet at
the Web site address printed at the top of this page. Thank you.
Respectfully,
Mary A. Graybill, Esq.
Deputy Prothonotary
/alv 1_.,
Enclosure k
r." —i 1,
a+ ,�
A C: ., t'-'
11:42 A.M.
Appeal Docket Sheet Superior Court of Pennsylvania
Docket Number: 173 MDA 2014
Page 1 of-2
Secure
January 30, 2014
CAPTION
Questmont Strategic Wealth Advisors, Inc. f/d/b/a Ranker Hanshaw Financial Group Inc. & Taylor K. Ranker 11 & Brent A.
Firestone, individually
Appellants
V.
Matthew T. Hanshaw
CASE INFORMATION
Initiating Document: Notice of Appeal
Case Status: Active
Case Processing Status: January 30, 2014 Awaiting Original Record
Journal Number:
Case Category: Civil Case Type(s): Civil Action Law
Declaratory Judgment
CONSOLIDATED CASES _ RELATED CASES
SCHEDULED EVENT
Next Event Type: Receive Docketing Statement Next Event Due Date: February 13, 2014
Next Event Type: Original Record Received Next Event Due Date: March 31, 2014
COUNSEL INFORMATION
Appellant Questmont Strat. Wealth Adv. Inc.f/d/b/a Ranker Hanshaw Fin. Grp. Inc. &T. Ranker II& B. Firestone
Pro Se: No Appoint Counsel Status: Represented
IFP Status: No
Attorney: Williams, Brandon Scott
Bar No: 200713
Address: Capozzi Adler, P.C. '
P.O. Box 5866
Harrisburg, PA 17110
Phone No: (717)233-4101 Fax No: (717) 233-4103
Receive Mail: Yes
Receive EMail: No EMail Address:
Attorney: Reavey, Donald R.
Bar No: 082498
Law Firm: Capozzi &Associates, P.C.
Address: P.O. Box 5866
1200 Camp Hill Bypass
Harrisburg, PA 17110
Phone No: (717) 233-4101 Fax No:
Receive Mail: Yes
Receive EMail: No EMail Address:
11:42 A.M.
Appeal Docket Sheet Superior Court of Pennsylvania
Docket Number: 173 MDA 2014
Page 2 of 2 Secure
January 30, 2014
COUNSEL INFORMATION
Appellee Hanshaw, Matthew T.
Pro Se: No Appoint Counsel Status: Represented
IFP Status: No
Attorney: Strokoff, Elliot A.
Bar No: 016677
Law Firm: Strokoff&Cowden, P.C.
Address: 132 State St
Harrisburg, PA 17101
Phone No: (717)233-5353 Fax No:
Receive Mail: Yes
Receive EMail: Yes EMail Address: eas @strokoffandcowden.com
FEE INFORMATION - _ -- --- — --- - �. _
Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt Amt
01/30/2014 Notice of Appeal 73.50 01/30/2014 2014-SPR-M-000097 73.50
AGENCYITRIAL COURT INFORMATION
Court Below: Cumberland County Court of Common Pleas
County: Cumberland Division: Cumberland County Civil Division
Order Appealed From: January 8, 2014 Judicial District: 09
Documents Received: January 30, 2014 Notice of Appeal Filed: January 29, 2014
Order Type: Order Entered
OTN(s):
Lower Ct Docket No(s):
Lower Ct Judge(s):
ORIGINAL RECORD CONTENT
Original Record Item Filed Date Content Description
Date of Remand of Record:
BRIEFING SCHEDULE
None None
-- --- - - -- -- �_ DOCKET ENTRY
Filed Date Docket Entry/ Representing Participant Type Filed By
January 30,2014 Notice of Appeal Docketed
Appellant Questmont Strat. Wealth Adv.
Inc.f/d/b/a Ranker Hanshaw Fin. Grp
Inc. &T. Ranker II & B. Firestone
January 30, 2014 Docketing Statement Exited (Civil)
Middle District Filing Office
CAPOZZI ADLER, P.C. t- ;LED-OFFICE
By: Donald R. Reavey, Esquire •• HE r r,01H0N3T;,R
Attorney I.D. No. 82498 20111 FEB 10 FM 1: 69
Brandon Williams, Esquire
Attorney I.D.No. 200713 CUMBERLAND COUNTY
P.O. Box 5866 PENNSYLVANIA
Harrisburg, PA 17110
(717) 233-4101 Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH : CIVIL ACTION—LAW
ADVISORS, INC. f/d/b/a RANKER
HANSHAW FINANCIAL GROUP, INC., :
and TAYLOR K. RANKER, II and
•
BRENT A. FIRESTONE, individually,
•
Plaintiffs
•
vs. • No. 13-6073
•
•
MATTHEW T. HANSHAW.
•
Defendant
CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL IN
RESPONSE TO JANUARY 30, 2014 ORDER
In response to the Order issued January 30, 2014, Plainiffs/Appellants attach hereto a
copy of the Concise Statement of Matters Complained of on Appeal filed on January 29, 2014
pursuant to the requirements of Cumberland County Local Rule 1925
.°1
Respectfully submittFd,
CAPOZ I ADLER, C
fyy `
Date: 2 -/ 0 •/Z--4 _� •v� t.� `�---i'
Donald R. Reavey, Esquire
Attorney I.D. No.: 82498
Brandon S. Williams, Esquire
Attorney I.D. No.: 200713
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Fax: (717) 233-4103
Attorneys for Plaintiff
F LED-OFFICF
OF THE PROTHONOTARY
CAPOZZI ADLER, P.C. 20(11 JAN 29 PM It 35
By: Donald R.Reavey,Esquire CUMBERLAND COUNTY
Attorney I.D.No. 82498 `PENNSYLVANIA
Brandon Williams,Esquire
Attorney I.D.No. 200713 -
P.O.Box 5866
Harrisburg,PA 17110
(717)233-4101 Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH • CIVIL ACTION—LAW
ADVISORS, INC. f/d/b/a RANKER •
HANSHAW FINANCIAL GROUP,INC., :
and TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually,
Plaintiffs •
vs. No. 13-6073
•
MATTHEW T. HANSHAW. •
Defendant r
CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL
In an order dated January 6,2014, entered on the docket by the prothonotary of the
Court of Common Pleas of Cumberland County on January 8,2014,the Honorable Edward E.
Guido sustained Defendant's Preliminary Objection and declined to exercise jurisdiction over the
above-captioned matter, dismissing Plaintiffs' Complaint. Pursuant to Cumberland County
Local Rule 1925,"in every appeal from an order or decree of this Court to which no post-trial
motions or exceptions were filed but such appeal is taken directly to an appellate court, appellant
or appellant's counsel shall within ten(10)days after taking the appeal, file of record a concise
statement of the matters complained of and intended to be argued on appeal. . ."
1
•
This appeal challenges the Court's Order sustaining Defendant's Preliminary Objection
resulting in dismissal of Plaintiffs' Complaint as"merely a tactical maneuver designed to test the
validity of a defense to a future lawsuit."Citing to Osram v. Sylvania Products Inc., v. Consump
Commodities Inc., 845 A.2d 846, 848 (Pa. Super 2004). The Court erred in sustaining the
Defendant's Preliminary Objections. The facts at issue are distinct from those in Osram, and
exactly the type of situation for which declaratory judgment was designed.
In Osram,the Superior Court addressed an action for Declaratory Judgment in which a
prior action had been filed in California. Osram, 845 A.2d at 848. There,the Court upheld the
trial court's decision to dismiss because the Declaratory Action filed in Pennsylvania was an
attempt to establish a valid defense to the California action, and
found that it was a tactical maneuver designed to force [the
California Plaintiff] to litigate any claim not just in Pennsylvania,
but . . . in Bradford County, and thereby circumvent Pennsylvania
law that normally allows the Plaintiff the choice of forum.
Id. The Declaratory Judgment action that was dismissed in Osram was an attempt to gain a
tactical advantage by determining forum.
Here,there are no other pending actions,and the Court of Common Pleas of Cumberland
County is the proper forum to decide the controversy between the parties. Despite Defendant's
Counsel's representations in their letter of September 2013,they still have not filed suit against
Plaintiffs. Plaintiffs' action was an attempt to resolve the uncertainty and insecurity caused by
Defendant's repeated threats of suit. The purpose of the Declaratory Judgment Act"is to settle
and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal
relations, and is to be liberally construed and administered."42 Pa.C.S.A. § 7541 (a). See also,
2
Curtis v. Cleland, 552 A.2d 316,318 (Cmmw. Ct. 1988) ("The Declaratory Judgments Act is
remedial in nature and its purpose is to provide relief from uncertainty and establish various legal
relationships").
Respectfully submi d,
CAPOZ AD P . 1,/
Date: /
'Donald R.Reavey,-Esgire
Attorney I.D.No.: 82498
Brandon S. Williams, Esquire
Attorney I.D.No.: 200713
P. 0. Box 5866
Harrisburg,PA 17110
(717)233-4101
Fax: (717)233-4103
Attorney for the Plaintiff
•
3
CAPOZZI ADLER, P.C.
By: Donald R.Reavey, Esquire
Attorney I.D.No. 82498
Brandon Williams,Esquire •
Attorney I.D.No. 200713
P.O. Box 5866
Harrisburg,PA 17110
(717)233-4101 Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH CIVIL ACTION—LAW
ADVISORS, INC. f/d/b/a RANKER •
HANSHAW FINANCIAL GROUP,INC., :
and TAYLOR K. RANKER,II and
BRENT A. FIRESTONE, individually, •
Plaintiffs •
vs. No. 13-6073
MATTHEW T. HANSHAW. •
Defendant •
CERTIFICATE OF SERVICE
I, Brandon S. Williams,Esquire,hereby certify I have this 7i 7 Day of January, 2014,
served a true and correct copy of the Plaintiff's Concise Statement of Matters Complained of on
Appeal,upon the persons and in the matter indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Appellant Procedure, by depositing a copy of same I
the U.S. Mail,with first-class postage prepaid, as follows:
Elliott A. Strokoff, Esquire The Honorable Edward E. Guido
Strokoff&Cowden,PC Court of Common Pleas, Cumberland County
132 State Street Cumberland County Courthouse
Harrisburg, PA 17101 One Courthouse Square
Carlisle, PA 17013
Date: l/z // -/ ! �4
y'' �
randon S. Williams,E•uire
Attorney I.D.No.: 200713
P. O. Box 5866
Harrisburg,PA 17110
(717) 233-4101
Attorneys for Plaintiff
4
CAPOZZI ADLER, P.C.
CAPOZZI ADLER, P.C.
By: Donald R. Reavey, Esquire
Attorney I.D. No. 82498
Brandon Williams, Esquire
Attorney I.D. No. 200713
P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101 Attorneys for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
QUESTMONT STRATEGIC WEALTH • CIVIL ACTION—LAW
ADVISORS, INC. f/d/b/a RANKER
HANSHAW FINANCIAL GROUP, INC., :
and TAYLOR K. RANKER, II and
BRENT A. FIRESTONE, individually, •
Plaintiffs
vs. • No. 13-6073
MATTHEW T. HANSHAW. •
Defendant •
CERTIFICATE OF SERVICE
I, Brandon S. Williams, Esquire, hereby certify I have this /ate Day of February,
2014, served a true and correct copy of the Plaintiff's Concise Statement Of Matters Complained
of on Appeal in Response to January 30, 2014 Order, upon the persons indicated below, which
service satisfies the requirements of the Pennsylvania Rules of Appellant Procedure, by
depositing a copy of same in the U.S. Mail, with first-class postage prepaid, as follows:
Elliott A. Strokoff, Esquire The Honorable Edward E. Guido
Strokoff& Cowden, PC Court of Common Pleas, Cumberland County
132 State Street Cumberland County Courthouse
Harrisburg, PA 17101 One Courthouse Square
Carlisle, PA 1701 /'/J�
Date: '� / y 1i
Brandon S. Williams, Esquire
Attorney I.D. No.: 200713
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorneys for Plaintiff
QUESTMONT STRATEGIC : IN THE COURT OF COMMON PLEAS OF
WEALTH ADVISORS, INC. : CUMBERLAND COUNTY, PENNSYLVANIA
f/d/b/a RANKER HANDSHAW
FINANCIAL GROUP, INC., and •
TAYLOR K. RANKER, II and •
BRENT A. FIRESTONE,
Individually,
Plaintiffs
V.
MATTHEW T. HANSHAW, : NO. 2013 — 6073 CIVIL TERM
Defendant
IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925
Guido, J., May 075 , 2014
The reasons for our decision were clearly set forth in the order of January 6, 2014, which
sustained the Defendant's Preliminary Objection.
Sbq�iz1(
DATE Edward E. Guido, J.
/Donald R. Reavey, Esquire
Brandon S. Williams, Esquire
/Iliott A. Strokoff, Esquire
:sld
CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
Superior Court of PA
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
Superior Court of PA
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record; including an opinion of the court as required
by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
Questmont Strategic Wealth Advisors, Inc. f/d/b/a
Ranker Hanshaw Financial Group, Inc. and Taylor
K. Ranker, II and Brent A. Firestone, individually
Vs.
Matthew T. Hanshaw
2013-6073 Civil Term
173 MDA 2014
The documents comprising the record have been numbered from No. 1 to 76, and
attached hereto as Exhibit A is a list of the documents correspondingly numbered and
identified with reasonable definiteness, including with respect to each document, the
number of pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is 6/5/2014.
David P . Buell, Protho otary
Regina Lebo, Deputy
An additional copy of this certificate is enclosed. Please sign and date copy, thereby
acknowledging receipt of this record.
Date Signature & Title
Commonwealth of Pennsylvania
County of Cumberland
ss:
David D. Buell , Prothonotary
of the Court of Common Pleas in and for said
County, do hereby certify that the foregoing is a
full, true and correct copy of the whole record of the
case therein stated, wherein
Questmont Strategic Wealth Advisors, Inc. Et.al
Plaintiff, and Matthew T. Hanshaw
Defendant, as the same remains of record
before the said Court at No. 2013-6073 of
Civil Term.
In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court
this 5th day of J e A. D. 1 14
Prothonotary
l Kevin A. Hess President Judge of the inth
Judicial District, composed of the County of Cumberland, do certify that
David D. Buell , by whom the annexed record, certificate and
attestation were made and given. and who, in his own proper handwriting, thereunto subscribed his name
and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is
Prothonotary in and for said County of Cumberland in
the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith
and credit are and ought to be given as well in Courts of judicature as elsewhere, and hat the said record,
certificate and attestation are in due form of law and made b e proper officer
Commonwealth of Pennsylvania
County of Cumberland
David D. Buell
1 , Prothonotary of tbe Court_ of Common Pleas in
and for the said County, do certify that the Honorable Kevin A. Hess
by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time
of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of
Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts
as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere.
ss:
President Judge•
IN TESTIMONY WHEREOF. 1 have hereunto
set ny hand and affixedjU seal of said Cffir4 this
da of A.D.
A *KILi
„op
Prothonotary
Term 19
No,
2013-6073 Civil Term
173 MDA 2014
Questmont Strategic Wealth Advisors, Inc.
f/d/d/b Ranker
Hanshaw Financial Group, Inc. and Taylor
K. Ranker, I1 and Brent A. Firestone, individually
Versus
Matthew t. Hanshaw
EXEMPLIFIED RECORD
From Cumberland County
Debt, . $ Int.
from
217.96 pd atty
Costs
Entered and Filed
Prothonotary.
Among the Records and Proceedings enrolled in the court of Common Pleas in and for the
Cumberland
county C'
to No.
COPY OF
2013-6073
173 MDA 2014
Term, 19
Appearance
in the Commonwealth of Pennsylvania
is contained the following:
DOCKET ENTRY
Questmont Strategic Wealth Advisors, Inc. f/d/b/a
Ranker Handshaw financial Group, Inc. and Taylor
K. Ranker, II, and Brent A. Firestone, individually
vs.
Matthew T. Hanshaw
**SEE CERTIFIED COPY OF DOCKET ENTERIES**
r£ L L
LumlJefici lu Louui y ero nonocary' s orrice
Civil Case Print
2013-06073 QUESTMONT STRATEGIC WEALTH ADV (vs) HANSHAW MATTHEW T
Reference No
Case Type
Judgment
Judge Assigned:
Disposed Desc.:
------------ Case
MISCELLANEOUS - DECLAR
00
GUIDO EDWARD E
Comments
rage
Filed 10/15/2013
Time 3:45
Execution Date 0/00/0000
Jury Trial
Disposed Date0/00/0000
Higzer Crt 1.: 173 MDA 2014
Higher Crt 2.:
********************************************************************************
General Index
QUESTMONT STRATEGIC WEALTH
ADVISORS INC
1200 CAMP HILL BYPASS
SUITE 201
CAMP HILL PA 17011
RANKER HANSHAW FINANCIAL
GROUP INC
1200 CAMP HILL BYPASS
SUITE 201
CAMP HILL PA 17011
RANKER TAYLOR II
1200 CAMP HILL BYPASS
SUITE 201
CAMP HILL PA 17011
FIRESTONE BRENT A
1200 CAMP HILL BYPASS
SUITE 201
CAMP HILL PA 17011
PLAINTIFF
PLAINTIFF
PLAINTIFF
Attorney Info
REAVEY DONALD R
WILLIAMS BRANDON S
REAVEY DONALD R
WILLIAMS BRANDON S
REAVEY DONALD R
WILLIAMS BRANDON S
PLAINTIFF REAVEY DONALD R
WILLIAMS BRANDON S
HANSHAW MATTHEW T DEFENDANT STROKOFF ELLIOT A
2787 MONTICELLO LANE
HARRISBURG PA 17112
********************************************************************************
* Date Entries
********************************************************************************
/-3'10/15/2013
35-3711/04/2013
3 $_L7 11/15/2013
Lig ..-(L ' 11/21/2013
50.-SS.112/03/2013
611 1/08/2014
Ts- Go
6(- 64
65
1/29/2014
1/29/2014
1/31/2014
FIRST ENTRY
COMPLAINT - DECLARATORY JUDGMENT - BY DONALD R REAVEY ATTY FOR
PLFFS
SHERIFF'S RETURN - DATED 10/28/13 - COMPLAINT BY DAUPHIN COUNTY
UPON JAMES COWDEN ATTY FOR DEFENDANT AT 2787 MONTICELLO LANE
HARRISBURG PA 17112
SHERIFF COST - $37.46
DEFT MATTHEW T HANSHAW'S PRELIMINARY OBJECTIONS TO PLFFS' ACTION
FOR DECLARATORY JUDGMENT - BY ELLIOT A STROKOFF ATTY FOR DEFT
PRAECIPE FOR LISTING CASE FOR ARGUMENT - BY ELLIOT A STROKOFF ATTY
FOR DEFT - DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S
ACTION FOR DECLARATORY JUDGMENT
RESPONSE TO PRELIMINARY OBJECTIONS TO PLFF'S ACTION FOR
DECLARATORY JUDGMENT - BY DONALD R REAVEY ATTY FOR PLFFS
ORDER OF COURT - 1/6/14 - IN RE: DEFT'S PRELIMINARY OBJECTIONS -
**SUSTAINED** AND ACTION IS **DISMISSED** - BY THE COURT EDWARD E
GUIDO J - COPIES MAILED 1/8/14
NOTICE OF APPEAL TO SUPERIOR COURT - BY BRANDON S WILLIAMS ATTY
FOR PLFF
CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL - BY BRANDON
WILLIAMS ATTY FOR PLFF
ORDER OF COURT DATED 1-30-14 - IN RE PLFFS SHALL FILE A CONCISE
STATEMENT OF RECORD WITHIN 21 DAYS - BY THE COURT EDWARD E GUIDO
J- COPIES MAILED 1-31-14
rrb5il Lumperiana Lounty Protnonotary's orrice Page 2
Civil Case Print
2013-06073 QUESTMONT STRATEGIC WEALTH ADV (vs) HANSHAW MATTHEW T
Reference No..: Filed 10/15/2013
Case Type • MISCELLANEOUS - DECLAR Time3:45
Judgmen.00 Execution Date 0/00/0000
Judge Assigned: GUIDO EDWARD E Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
Case Comments Higher Crt 1.: 173 MDA 2014
Higher Crt 2.:
C6- 6a ' 2/04/2014 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 173 MDA 2014
1142/10/2014 CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL IN RESPONSE
TO 1/30/14 ORDER - BY BRANDON S WILLIAMS ATTY FOR PLFF
7/ET 6/02/2014 OPINION PURSUANT TOIPTO ADRAP21925 - 5/29/14 - BY THE COURT EDWARD E
G76 _ ` _ _ _ - - - - - - - - LAST ENTRY
********************************************************************************
* Escrow Information
* Fees & Debits Beg Bal Pymts/Adj End Bal *
******************************** ******** ****** *******************************
COMPLAINT 65.25 65.25 .00
TAX ON CMPLT .50 .50 .00
SETTLEMENT 9.50 9.50 .00
AUTOMATION 5.00 5.00 .00
JCP FEE 23.50 23.50 .00
PREACIPE ARGUME 19.75 19.75 .00
APPEAL HIGH CT 57.00 57.00 .00
180.50 180.50 .00
********************************************************************************
* End of Case Information *
********************************************************************************
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, Pa.
This 41.41 day of SU/1P,20
Prothonotary
•
CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
Superior Court of PA
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
Superior Court of PA
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
Questmont Strategic Wealth Advisors, Inc. f/d/b/a
Ranker Hanshaw Financial Group, Inc. and Taylor
�K. Ranker, II and Brent A. Firestone, individually
Vs.
Matthew T. Hanshaw
2013-6073 Civil Term
173 MDA 2014 •
The documents comprising the record have been numbered from No. 1 to 76, and
attached hereto as Exhibit A is a list of the documents correspondingly numbered and
identified with reasonable definiteness, including with respect to each document, the
number of pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is 6/5/2014.
David D. Buell, Prothonotary
Regina Lebo, Deputy
An additional copy of this certificate is enclosed. Please sign and date copy, thereby
acknowledging receipt of this record.
Received in Superior Court
Date
JUN J 0 251inature & Title
MIDDLE
Joseph D. Seletyn, Esq.
Prothonotary
Jennifer Traxler, Esq.
Deputy Prothonotary
RE:
superior Court of Veuugpibania
Middle District
June 19, 2014
NOTICE OF DISCONTINUANCE OF ACTION
Pennsylvania Judicial Center
P.O. Box 62435
601 Commonwealth Avenue, Suite 1600
Harrisburg, PA 17106-2435
(717) 772-1294
www.pacourts.us/courts/superior-court
Questmont et al v. Hanshaw, M.
173MDA2014
Appeal of: Questmont Strat. Wealth Adv. Inc.f/d/b/a Ranker Hanshaw Fin. Grp. Inc. &
T. Ranker II & B. Firestone
Initiating Document: Notice of Appeal
Trial Court: Cumberland County Court of Common Pleas
Trial Court Docket No: 13-6073
The above -captioned matter has been marked "Discontinued" with this court. Certification is
being sent to the lower court.
Attorney Name
Brandon Scott Williams, Esq.
Donald R. Reavey, Esq.
Elliot A. Strokoff, Esq.
/alv
Participant Name
Questmont Strat. Wealth Adv. Inc.f/d/b/a
Ranker Ha
Questmont Strat. Wealth Adv. Inc.f/d/b/a
Ranker Ha
Hanshaw, Matthew T.
Participant Type
Appellant
Appellant
Appellee
C
.L-
IN THE SUPERIOR COURT OF PENNSYLVANIA
SITTING IN HARRISBURG
No. 173 MDA 2014
Questmont Strategic Wealth
Advisors, Inc., et al
v.
Matthew T. Hanshaw
: Appeal from the OE 1/8/14
:Court of Common Pleas
:for the county of Cumberland
:No. 13-6073
6/19/14 - The above appeal is hereby withdrawn and discontinued by
order of:
Donald R. Reavey, Esq.
Attorney for Appellant
6/19/14 - DISCONTINUED
TRUE COPY FROM RECORD
IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal
of said Court, at Harrisburg, this 19th day of June, 2014.
eputy Prothonotary