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HomeMy WebLinkAbout14-4110 Supreme C© ' ° nnsylvania COuIl, leas For.Prothonotary Use Only: C _ ;t Docket No: :�, County SII The information collected on this form is used solely for court administration purposes. This form does not, supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ® Complaint El Writ of Summons p ® Petition ® Transfer from Another Jurisdiction ® Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: Stephen P. Brodie, et al. Samuel Lindenberg, et al. i` T Dollar Amount Requested: ®within arbitration limits I Are money damages requested? El Yes ® No 1, .. (check one) El outside arbitration limits NR, Is this a Class Action Suit? ®Yes 19 No Is this an MDJAppeal? ® Yes No A Name of Plaintiff/Appellant's Attorney: Rob Bleecher, Esquire ® Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional ® Buyer Plaintiff Administrative Agencies j ® Malicious Prosecution 0 Debt Collection:Credit Card ® Board of Assessment Motor Vehicle ® Debt Collection:Other Board of Elections i ®Nuisance ® Dept.of Transportation ®Premises Liability ® Statutory Appeal:Other S ® Product Liability(does not include ® Employment Dispute: mass tort) Discrimination ® Slander/Libel/Defamation C ® Other: Employment Dispute:Other ® Zoning Board ,�,::,_ Other: ® Other: i MASS TORT ® Asbestos 0 Tobacco Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: ® Ejectment ® Common Law/Statutory Arbitration ® Eminent Domain/Condemnation ®Declaratory Judgment ® Ground Rent ® Mandamus ® Landlord/Tenant Dispute ®Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Quo Warranto El Dental ® Partition ®Replevin ® Legal ® Quiet Title ®Other: ® Medical Other: ® Other Professional: 1-, Updated 11112011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARS, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, CIVIL ACTION—LAW TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, NO. ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST,ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER,PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING,NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GREBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT, and VICKIE BUCHER as agent for MARGARET WOHLFARTH, PLAINTIFFS V. SAMUEL LINDENBERG, JAMES DAILEY, and JOSEPH DeMURO, DEFENDANTS PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: a4 e2*41 B01 30 9S-Of Please issue a Writ of Summons in the above-captioned action: Writ of Summons shall be issued and forwarded to(x ) Attorney( ) Sheriff: Samuel Lindenberg James Dailey Joseph DeMuro Respect sub itted, PEWT&AS CIATES, PC Dated: July 15, 2014 By: R er, Esquire Att6ney I.D.No. 32594 Wayne M. Pecht, Esquire Attorney I.D.No. 38904 Pecht&Associates, PC 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (717) 691-9808 laq aS`j 1�. Z.Q uCr Lan e p Mill, P14 /-2o11 M Ave C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, CIVIL ACTION—LAW TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, NO. j wle (t ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS,JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, . RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING,NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GREBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT, and VICKIE BUCHER as agent for MARGARET WOHLFARTH, PLAINTIFFS V. SAMUEL LINDENBERG, JAMES DAILEY, and JOSEPH DeMURO, DEFENDANTS WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANTS: � r Samuel Lindenberg James Dailey Joseph DeMuro YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Alt: David Buell, Prothonotary -Date: /S 32014 Deputy Prothonotary Pecht&Associates, P.C. By: Rob Bleecher, Esquire Attorney ID No. 32594 Attorney for Plaintiffs �a:ftwe kj(Aoten her5 i a H good r,`d�re b, 1`Q4 rr isbu rs PA l71/-2 k iftes° ISa,1 a55 ),aue,, Lal. lives. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GREBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT, and VICKIE BUCHER as agent for MARGARET WOHLFARTH, PLAINTIFFS V. SAMUEL LINDENBERG, JAMES DAILEY, and JOSEPH DeMURO, DEFENDANTS ACCEPTANCE OF SERVICE : CIVIL ACTION — LAW : NO. 14-4110 I accept service of the Writ of Summons filed on July 15, 2014, in the above -captioned action on behalf of Defendants Samuel S. Lindenberg, James Dailey, and Joseph DeMuro, and certify that I am authorized to do so. Dated: July 3/ , 2014 oel I. Fishbein, Esquire Litchfield Cavo LLP 1515 Market Street, Suite 1130 Philadelphia, PA 19102-1903 Attorney for Defendants LITCHFIELD CAVO LLP Suite 1220 1515 Market Street Philadelphia, PA 19102 215-557-0111 Fishbein@litchfieldcavo.com By: Joel I. Fishbein, Esquire Attorney for Defendants OF ,L 2t114D C 1 I P i I: 08 OUr.71-_RI*9 COUNTY PE!.iASYLVANIA STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GRIEBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT and VICKIE BUCHER as agent for MARGARET WOHLFARTH Plaintiffs : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : No.: 14-4110 v. SAMUEL LINDENBERG, JAMES DAILEY : and JOSEPH DeMURO DEFENDANTS' MOTION FOR A PROTECTIVE ORDER Defendants Samuel Lindenberg, James Dailey and Joseph DeMuro, by and through undersigned counsel, Litchfield Cavo, LLP hereby move for a protective order. In support thereof, Defendants aver: 1. Plaintiffs, through their attorney, Rob Bleecher of Pecht & Associates, P.C., filed a Writ of Summons in this Honorable Court on July 15, 2014. 2. Undersigned counsel accepted service of this Writ of Summons, saving counsel the need to personally serve the defendants with the Writ. 3. By letter dated July 25, 2014, Mr. Bleecher forwarded interrogatories with 20 questions not including sub parts, and requests for production of documents with 15 requests. See Exhibit "A." 4. By letter dated October 9, 2014, undersigned counsel served verified answer to the interrogatories and requests for production along with a compact disc containing thousands of pages of responsive documents. See Exhibit "B." 5. Then, by letter dated October 22, 2014, Mr. Bleecher forwarded the attached Plaintiffs' Interrogatories to Defendants — Set No. 2 with 14 more question. See Exhibit "C." 6. Defendants aver that the second set of interrogatories seek information not material to whether a cause of action exists, but instead, to unreasonably harass, annoy and increase the burden and expense on Defendants. 7. Defendants object to these interrogatories and move for a protective order pursuant to Pa.R.Civ.P. 4003.8 Pre -Complaint Discovery which provides: (a) A plaintiff may obtain pre -complaint discovery where the information sought is material and necessary to the filing of the complaint and the discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to any person or party. (b) Upon a motion for protective order or other objection to a plaintiffs pre - complaint discovery, the court may require the plaintiff to state with particularity how the discovery will materially advance the preparation of -2- LITCHFIELD CAVO LLP the complaint. In deciding the motion or other objection, the court shall weigh the importance of the discovery request against the burdens imposed on any person or party from whom the discovery is sought. 8. Upon the filing of this motion, the burden shifts to the Plaintiff to establish with particularity how the discovery will materially advance the preparation of the complaint. 9. Only if Plaintiffs are able to establish (1) a need for the information requested in the second set of interrogatories, and (2) that the importance of the information outweighs the burden on Defendants in being required to produce the information sought. 10. The court must also consider whether the interests of justice permit the taking of the discovery sought when "the grant of this request [pre -complaint] would ... allow discovery to search for a reason to sue where none might exist." Speicher v. Toshok, 63 Pa. D. & C. 4th 435, 440 (Allegheny County, 2003) (Wettick, J.). See also, McArdle v. Doe, 2011 WL 8897947 (Allegheny Count, March 9, 2011) (Wettick, J.) (plaintiff's burden is to establish that the information sought will "materially advance the preparation of the complaint" and if plaintiff fails to meet that burden, the discovery will be denied). 11. It is averred that plaintiffs will be unable to sustain their burden of establishing that the discovery sought will materially advance their preparation of a complaint. 12. Accordingly, this motion for a protective order should be granted. WHEREFORE, for the foregoing reasons, as more fully set forth in the accompanying memorandum of law, it is respectfully requested that the court grant the requested protective order by entering an order permitting defendants to refrain from answering the second set of interrogatories propounded by plaintiff. LITCHFIIELD CAVO LLP -3- LITCHFIELD CAVO LLP JOEL I. FISHBEIN Attorney for Defendants LITCHFIELD CAVO LLP Suite 1220 1515 Market Street Philadelphia, PA 19102 215-557-0111 Fishbein@litchfieldcavo.com By: Joel I. Fishbein, Esquire Attorney for Defendants STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARE, SUSAN : CUMBERLAND COUNTY COLLARE, ROBERT F. COSGRIFF, : COURT OF COMMON PLEAS JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, : No.: 14-4110 SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE • C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, • KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, • JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GRIEBAS, SHARON E. KREBS, BRADLEY S. : MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT and VICKIE • BUCHER as agent for MARGARET WOHLFARTH Plaintiffs V. SAMUEL LINDENBERG, JAMES DAILEY : and JOSEPH DeMURO MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION FOR A PROTECTIVE ORDER I. INTRODUCTION This action was commenced by the filing of a writ of summons. Defendants Samuel Lindenberg, James Dailey and Joseph DeMuro have already responded to voluminous written discovery, answering a first set of interrogatories with 20 questions, a request for production of documents with 15 delivering thousands of pages of documents. See Exhibits "A" and "B." Rather than using this information to prepare and serve a complaint, counsel for plaintiffs served a second set of interrogatories to be answered by defendants. Defendants move for a protective order to permit them to refuse to answer these interrogatories unless and until plaintiffs file a complaint. II. STATEMENT OF FACTS Plaintiffs, through their attorney, Rob Bleecher of Pecht & Associates, P.C., filed a Writ of Summons in this Honorable Court on July 15, 2014. Undersigned counsel accepted service of this Writ of Summons, saving counsel the need to personally serve the defendants with the Writ. By letter dated July 25, 2014, Mr. Bleecher forwarded interrogatories and requests for production of documents addressed to all defendants. See Exhibit "A."By letter dated October 9, 2014, undersigned counsel served verified answer to the interrogatories and requests for production along with a compact disc containing thousands of pages of responsive documents. See Exhibit "B." Then, by letter dated October 22, 2014, Mr. Bleecher forwarded the attached Plaintiffs' Interrogatories to Defendants — Set No. 2. See Exhibit "C." III. QUESTION PRESENTED Whether the material sought in Plaintiffs' second set of interrogatories is material and necessary to the filing of a complaint? Suggested Answer: No. -2- LITCHFIELD CAVO LLP Whether the Pa.R.Civ.P. the court should require Plaintiffs to establish that the materials sought will materially advance the preparation of the complaint? Suggested Answer: Yes. Whether the discovery will cause unreasonable annoyance, oppression and burden? Suggested Answer: Yes. IV. LEGAL ARGUMENT Defendants object to Plaintiffs' second set of interrogatories these interrogatories and move for a protective order pursuant to Pa.R.Civ.P. 4003.8 Pre -Complaint Discovery which provides: (a) A plaintiff may obtain pre -complaint discovery where the information sought is material and necessary to the filing of the complaint and the discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to any person or party. (b) Upon a motion for protective order or other objection to a plaintiffs pre -complaint discovery, the court may require the plaintiff to state with particularity how the discovery will materially advance the preparation of the complaint. In deciding the motion or other objection, the court shall weigh the importance of the discovery request against the burdens imposed on any person or party from whom the discovery is sought. Upon the filing of this motion, the burden shifts to the Plaintiff to establish with particularity how the discovery will materially advance the preparation of the complaint. Only if Plaintiffs are able to establish (1) a need for the information requested in the second set of interrogatories, and (2) that the importance of the information outweighs the burden on Defendants in being required to produce the information sought. The court must also consider whether the interests of justice permit the taking of the discovery sought when "the grant of this request [pre -complaint] would ... allow discovery to search for a reason to sue where none might exist." Speicher v. Toshok, 63 Pa. D. & C. 4th 435, 440 (Allegheny County, 2003) (Wettick, J.). -3- LITCHFIELD CAVO LLP Pursuant to Rule 4003.8, plaintiffs must be required to establish that the materials sought It is averred that plaintiffs will be unable to sustain their burden of establishing that the discovery sought will materially advance their preparation of a complaint. McArdle v. Doe, 2011 WL 8897947 (Allegheny Count, March 9, 2011) (Wettick, J.) (plaintiff's burden is to establish that the information sought will "materially advance the preparation of the complaint" and if plaintiff fails to meet that burden, the discovery will be denied). Defendants believe, and therefore aver, that Plaintiffs will be unable to establish that the discovery sought will materially advance the preparation of the complaint, and they aver further that even if there were a material need for the information, the importance of the extra information, in light of the volumes of information already provided, will be outweighed by the annoyance, harassment and burden resulting from compelling a response. V. CONCLUSION For these reasons, a protective order in the form attached should be entered. LITCHFIELD CAVO LLP BY, OEL I. FISHBEIN Attorney for Defendants -4- LITCHFIELD CAVO LLP LITCHFIELD CAVO LLP Suite 1220 1515 Market Street Philadelphia, PA 19102 215-557-0111 Fishbein@litchfieldcavo.com By: Joel I. Fishbein, Esquire Attorney for Defendants STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GRIEBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT and VICKIE BUCHER as agent for MARGARET WOHLFARTH : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : No.: 14-4110 Plaintiffs V. SAMUEL LINDENBERG, JAMES DAILEY : and JOSEPH DeMURO -5- LITCHFIELD CAVO LLP CERTIFICATE OF SERVICE Joel I. Fishbein, Esquire hereby certifies that he did cause a true and correct copy of Defendants' Motion for Protective Order and Memorandum of Law in Support Thereof to be served on December 9, 2014, upon the counsel listed below via first class mail: Rob Bleecher, Esquire Pecht & Associates, P.C. 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 BY: LITCHFIELD CAVO LLP -6- LITCHFIELD CAVO LLP JOEL I. FISHBEIN EXHIBIT A EXHIBIT A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. BRODIE, GRETCHEN G. BRODIE, • TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, : CIVIL ACTION — LAW TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ; NO. 14-4110 ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, : WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER., ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GREBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT, and VIC1CIE BUCHER as agent for MARGARET WOHLFARTH, PLAINTIFFS V. SAMUEL LINDENBERG, JAMES DAILEY, and JOSEPH DeMURO, DEFENDANTS PLAINTIFFS' INTERROGATORIES TO DEFENDANTS All named Plaintiffs in the above -captioned action (hereinafter "Plaintiffs"), by the undersigned attorney, request that Defendants answer under oath the following interrogatories 1 *thin thirty (30) days' of service in accordance with Pa.R.C.P. No. 4001 et seq. These interrogatories are deemed to be continuing to the extent provided in Pa.R.C.P. No. 4007.4: INSTRUCTIONS AND DEFINITIONS Please follow these instructions and use the following definitions in answering these interrogatories. Any term or word that is not defined herein has its usual and customary meaning. a. Each of the following interrogatories shall be answered separately and fully in writing. The answers shall be signed and verified by the person making them. Objections, if any, shall be signed by the attorney making them. b. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, employees, servants, officers, directors, accountants, attorneys (unless privileged), or other persons acting or purporting to act on behalf of the party to whom these interrogatories are addressed. You must make inquiries of your agents, employees, etc., whenever such inquiry is necessary to enable you to answer these interrogatories completely and accurately. c. When, after a reasonable and thorough investigation, you are unable to answer any interrogatory, or any part thereof, because of lack of information available to you, specify in full and complete detail the reason the information is not available to you and what has been done to locate such information. In addition, specify what knowledge or belief you have concerning the unanswered portion of the interrogatory and set forth the facts upon which such knowledge or belief is based. d. Where an interrogatory does not specifically request a particular fact, but where such fact or facts are necessary to make the answer to the interrogatory either comprehensible, or complete, or not misleading, you are requested to include such fact or facts as part of the answer, and the interrogatory shall be deemed specifically to request such fact or facts. e. If, in answering these interrogatories, you encounter an ambiguity in a question, instruction, or definition, set forth the matter deemed ambiguous and the interpretation you used in answering. f. If you assert a privilege, work product immunity, or decline to provide an answer on the basis of some other objection, please: i. identify and describe the document or communication in question; 2 describe the basis for the asserted privilege or objection; iii. identify every person to whom the document was sent, or every person present when the communication was made; and iv. identify the present custodian of the document, if any. Include sufficient facts for the court to make a full determination of whether the claim or objection is valid. g. The pronoun "you" refers to the party to whom these interrogatories are addressed, the party's agents, representatives and, unless privileged, the party's attorneys. Additionally, the pronoun "you" refers to each parent, predecessor, subsidiary, affiliate, and each present and former officer, employee, agent, representative, and attorney of a corporate or other business entity. h. The word "person" means any natural individual in any capacity whatsoever or any entity or organi7Ation, including divisions, departments, or other units therein, and shall include, without limitation, a public or private corporation, partnership, joint venture, voluntary unincorporated association, organization, proprietorship, trust, state, government agency, commission, bureau, or department i. The term "document" means any medium in which information or intelligence can be recorded or retrieved, and includes, without limitation, the original or copy, regardless of origin and location, of any book, pamphlet, periodical, letter memorandum, (including any memorandum or report of a meeting or conversation), invoice, bill, order, form, receipt, financial statement, accounting entry, diary, calendar, telex, telegram, cable, report, record, contract, study, handwritten note, draft, working paper, chart, paper, print, laboratory record, drawing sketch, graph, index, list, tape, photograph, microfilm, data sheet, electronically stored data, or data processing card, or any other written, recorded, transcribed, punched, taped, filmed, or graphic matter, however produced or reproduced, which is or was in your possession, custody or control. j. The term "communication" means any oral or written utterance, notation, or statement of any nature whatsoever between or among two or more persons, by or to whomsoever made, and including without limitation correspondence, documents, conversations, dialogues, discussions; interviews, consultations, agreements, and other understandings. 3 k. The word "identify" or words of similar import, when used in reference to: i. a natural individual, requires you to state his or her full name, and present or last know residential address, business address, and telephone number; a corporation, requires you to state its full corporate name, and any names under which it does business, its state of incorporation, the address and telephone number of its principal place of business and the address and telephone number(s) of all its officers; a business other than a corporation requires you to state the full name or style under which the business is conducted, its business addresses, its telephone numbers, and the identity of the persons who own, operate, and control the business; iv. a document, requires you to state its title, its date, the names of its authors and recipients, and its present or last known location and custodian, including any documents prepared subsequent to any time period; and v. a communication, requires you, if any part of the communication was written, to identify the documents which refer to or evidence the communication, and, if any part of the communication was non -written, to identify the person participating in or otherwise present during all or part of the communication, and describe the substance thereof. 1. When an interrogatory requires you to "describe," to "state the basis "of' or to "state the facts" on which you rely to support a particular claim, contention, or allegation, state in your answer each and every fact and identify each and every commnnication or document which you contend supports, refers to, or evidences such claim, contention, or allegation. When an interrogatory requires you otherwise to describe or state the facts relating to any particular set of circumstances, act, event, transaction, occurrence, meeting, purchase, sale, agreement, contract, venture, relationship, conversation, representation, communication, or other item of information, state briefly in your answer the facts (including dates and places) relating to such transaction, occurrence, relationship, set of circumstances, etc.; identify any persons who are or were parties thereto or have knowledge thereof; and identify any communications and documents relating to or evidencing such transaction, occurrence, relationship, or set of circumstances. 4 Each Defendant should respond to each interrogatory and if that Defendant does not have the information requested should so state: INTERROGATORIES 1. State whether one or more of the Defendants explained to the customers of TEAM Financial Managers, Inc., or to the customers of TEAM Financial before, during, or after the time that the Defendants relinquished their licenses with FINRA in 2009, the difference between the duty to customers of a licensed registered representative (RR) versus that of a registered investment advisor (RIA) or an investment advisor representative (IAR). If so, state what the customers were told orally and what they were told in writing. ANSWER 2. Identify all the document(s) in your possession or control, or that you are aware of that are related in any way to the risk profile or risk appetite of each Plaintiff. ANSWER 3. Identify the agent, employee, or control person of Team Financial Managers, Inc. or subsidiary company, or associated company, or affiliated company, who provided investment advice or investment services whether for a fee or for a commission to each of the Plaintiffs during the period from January 1, 2009 through and including December 31, 2013. ANSWER 5 4. Identify the agent, employee, or control person of Team Financial Managers, Inc. or subsidiary company, or associated company, or affiliated company, who discussed with, or described to, the Plaintiffs the features, characteristics, and benefits of investing with one or more of the Defendants or with a company the Defendants worked for or were associated with. ANSWER 5. Identify the specific document or documents that reflect the basis upon which the Defendants and/or the agent, employee, or control person of Team Financial Managers, Inc., or subsidiary company, or associated company, or affiliated company, who discussed with, or described to the Plaintiffs the features, characteristics, and benefits of investing with one or more of the Defendants, concluded that the Team Asset Strategy Fund was suitable for the Plaintiffs. ANSWER 6. Identify the specific document or documents that reflect the basis upon which the Defendants and/or the agent, employee, or control person of Team Financial Managers, Inc., or subsidiary company, or associated company, or affiliated company, who discussed with, or described to the Plaintiffs the features, characteristics, and benefits of investing with one or more of the Defendants, concluded that the investments purchased in Plaintiffs' managed account(s), including but not limited to "leveraged inverse exchange traded funds," were suitable for the Plaintiffs. ANSWER 6 7. Identify all the individuals who provided supervision of the investment advisor representatives for TEAM Financial Managers who provided investment advice or investment services to the Plaintiffs and the Plaintiffs' account(s) ANSWER 8. Indicate whether any of the Defendants are registered with the Commonwealth of Pennsylvania and/or the Federal Securities Exchange Commission as investment advisors and, if so, identify those Defendants and their current registration status with each governmental agency. ANSWER 9. Indicate whether one or more of the Defendants was insured by a policy of professional liability insurance during the period January 1, 2009 through December 31, 2014. ANSWER 10. If the answer to the preceding interrogatory is yes, state: (a) the name and address of the insurance carrier or carriers; and (b) the limits of liability for negligence and/or recklessness; and 7 ANSWER ANSWER (c) any maximum amount payable per claim; and ANSWER (d) any deductible. ANSWER 11. Identify the factors used by one or more of the Defendants in developing the investment strategy used by Defendants to allocate the assets of Plaintiffs during the period from June 30, 2011 through December 31, 2013. ANSWER 12. Identify the factors used by one or more of the Defendants in developing the investment strategy used by Defendants to select securities to be purchased in the Team Asset Strategy Fund during the period from June 30, 2011 through December 31, 2013. ANSWER 13. Identify the reason that on occasion money in the managed accounts of clients of Team Financial was transferred from the TEAMX Fund to the TEAIX Fund. ANSWER 14. Identify the date one or more of the Defendants first discussed development of the TEAM Asset Strategy Fund with a representative of Charles Schwab Inc. and/or Huntington Asset Management LLC and/or Unified Financial Securities, Inc., and/or Huntington Bancshares, Inc. ANSWER 15. Identify the underwriter of the TEAM Asset Strategy Fund. ANSWER 16. Identify the distributor of the TEAM Asset Strategy Fund ANSWER 17. Identify the clearing broker for sales of shares of the TEAM Asset Strategy Fund. ANSWER 18. Identify the representative of Charles Schwab Inc. and/or Huntington Asset Management LLC and/or Unified Financial Securities, Inc., and/or Huntington Bancshares, Inc. who advised that the Statement of Additional Information, dated November 22, 2011_ be sent to owners of shares of the Team Asset Strategy Fund. ANSWER 9 19. Identify the representative of Charles Schwab Inc. and/or Huntington Asset Management LLC and/or Unified Financial Securities, Inc., and/or Huntington Bancshares, Inc. who advised Defendants on what that Statement of Additional Information, dated November 22, 2011 and the Statement of Additional Information dated February 28, 2012, and the Supplement dated December 30, 2011 should state. ANSWER 20. Identify the representative of Charles Schwab Inc. and/or Huntington Asset Management LLC and/or Unified Financial Securities, Inc., and/or Huntington Bancshares, Inc. who advised Defendants on whether owners of shares of the Team Asset Strategy Fund should receive an individual warning that the strategy of the Team Asset Strategy Fund was going to change and that investment in the fund would entail greater risk. ANSWER Respectfully submitted, PECHT Dated: July 25, 2014 By: 10 TES, P.C. Ro leecher, Esquire Attorney I.D. No. 32594 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (717) 691-9809 rbleecher@pechtlaw.com Attorneys for Plaintiffs CERTIFICATE OF SERVIC17 I, Rob Bleecher, Esquire, the attorney for Plaintiffs, hereby k.%ertify that I have served the foregoing document this date by depositing a true and correct copy of the same in the United States First -Class Mail, postage prepaid, addressed as follows: Joel I. Fishbein, Esquire Litchfield Cavo LLP 1515 Market Street, Suite 1220 Philadelphia, Pennsylvania 19102-1903 Attorneys for Defendants Samuel Lindenberg, James Dailey, and Joseph DeMura PECHT & AS ES, P.C. Dated: July 25, 2014 By: 11 eecher, Esquire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. BRODIE, GRETCHEN G. BRODIE, • TODD COLLARE, SUSAN COLLARE, • ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, : CIVIL ACTION — LAW TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, • RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, : NO. 14-4110 ROBERT LENTZ, LINDA LENTZ, • STEPHEN M. LEONARD, KATHLEEN L. LEONARD, • WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWELLER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GREBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT, and VICKIE BUCHER as agent for MARGARET WOHLFARTH, PLAINTIFFS V. SAMUEL LINDENBERG, JAMES DAILEY, and JOSEPH DeMURO, DEFENDANTS • PLAINTIFFS' REOUEST FOR PRODUCTION OF DOCUMENTS In accordance with Pa. R.C.P. 4003.1, please furnish at our office within thirty (30) days from service hereof, a photostatic copy or like reproduction of the following matters concerning 1 the above -captioned action or its subject matter, or in the alternative, produce the said materials within said time to permit inspection and copying thereof. Requests for documents include request for copies of email or other electronic communications: 1. One or more of the Claimants were told during the period from December 2009 through December 2013, that Defendants and Defendants' family members were invested in the Team Asset Strategy Fund. Provide a copy of any materials shown or presented by one or more of the Defendants to investors or prospective investors to show them that Defendants and/or Defendants' family member was invested in the Team Asset Strategy Fund. Such materials include but are not limited to the account statements of one or more Defendants and one or more of the Defendants' family members. 2. Provide account statements showing the dollars invested in the TEAM Asset Strategy Fund by each of the Defendants and by each of the Defendants' family members for each of the years from 2009 through and including 2014. 3. Provide the account statements for each of the Defendants and each of the Defendants' family members showing the date and dollar amount of sales of the TEAM Asset Strategy Fund from those same accounts during calendar years 2010 through and including 2014. 4. Provide a copy of each and every agreement between one or more Defendants for themselves or on behalf of TEAM Financial Mangers, Inc. or TEAM Financial Asset Management., LLC, with the entities Huntington Bancshares, Inc., and Huntington Asset Services, Inc., (formerly known as Unified Fund Services), and Unified Financial Securities, Inc. 5. Provide a copy of each and every agreement between one or more Defendants for themselves or on behalf of TEAM Financial Mangers, Inc. or TEAM Financial Asset Management, LLC, with the entity Charles Schwab Corporation. Examples of such agreements include but are not limited to the Services Agreement date December 29, 2009 and the Operating Agreement dated April 1, 2009, the latter of which was referred to in the Services Agreement date December 29, 2009. 6. Provide the document or documents used by one or more of the Defendants in developing the investment strategy utilized during the period from January 1, 2012 through and including December 31, 2013. 2 7. Provide a copy of each and every document which you have identified in your answers to "Plaintiffs' Interrogatories to Defendants" including each and every policy of professional liability insurance. 8. Provide copies of all documents which show the amount of compensation eamed by, or awarded to, each Defendant during the period November 1, 2009 through December 31, 2013, whether from Team Financial Managers, Inc. or Team Financial Asset Management, LLC, or any related or associated entity. 9. Provide copies of any and all training materials, used to train employees and agents of TEAM Financial Mangers, Inc. or TEAM Financial Asset Management, LLC, during the period January 1, 2009 through December 31,2013. 10. Provide copies of any and all training materials, used to train employees and agents of TEAM Financial Mangers, Inc. or TEAM Financial Asset Management, LLC„ during the period January 1, 2009 through December 31, 2013, where one or more specific securities were described including the Team Asset Strategy Fund and Inverse Exchange Traded Funds. 11. Provide Copies of any and all sales materials, used by Defendants and employees and agents of TEAM Financial Mangers, Inc. or TEAM Financial Asset Management, LLC, during the period January 1, 2009 through December 31, 2013, where one or more specific securities were described including the Team Asset Strategy Fund and Inverse Exchange Traded Funds. 12. Provide Copies of any and all sales materials, used by Defendants and employees and agents of Defendants, during the period January 1, 2009 through December 31, 2013, to sell their investment advisory services. 13. Provide Copies of any and all recommended statements used by Defendants and employees and agents of TEAM Financial Mangers, Inc. or TEAM Financial Asset Management, LLC, during the period January 1, 2009 through December 31, 2013, to sell the Team Asset Strategy Fund and the investment strategy employed during that period. 14. Provide A copy of any and all financial plans prepared for Plaintiffs by one or more of the Defendants or by one of the employees or agents of Team Financial Managers, Inc. 15. Provide A copy of any and all documents describing the compensation to Defendants generated by the sales of the Team Asset Strategy Fund to the Plaintiffs. 16. Provide A copy of all Agreements the Defendants had between January 1, 2009 and December 31, 2013 with Huntington Asset Services, Inc., 2960 North Meridian Street, Suite 300, Indianapolis, Indiana 46208, and with Unified Financial Securities, Inc., 2960 North Meridian Street, Suite 300, Indianapolis, Indiana 46208 and with Huntington Bancshares, Inc., Columbus, Ohio, and with BBD, LLP, 1835 Market Street, 26th Floor, Philadelphia, Pennsylvania 19103, and with Cohen Fund Audit Services, LTD., Westlake, Ohio. Respectfully submitted, PECHT & ASSO Dated: July 25, 2014 By: 4 -- -P #0,e / ibil Rob t - — er, Esquire Attorney I.D. No. 32594 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (717) 691-9809 rbleecher@pechtlaw.com Attorneys for Plaintiffs S, P.C. CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, the attorney for Plaintiffs, hereby certify that I have served the foregoing document this date by depositing a true and correct copy of the same in the United States First -Class Mail, postage prepaid, addressed as follows: Joel I. Fishbein, Esquire Litchfield Cave LLP 1515 Market Street, Suite 1220 Philadelphia, Pennsylvania 19102-1903 Attorneys for Defendants Samuel Lindenberg, James Dailey, and Joseph DeMuro PECHT & ASS s TES, P.C. 41111 i" tier, Esquire Dated: July 25, 2014 By: 5 LITCHFIELD CAVO LLP Suite 1220 1515 Market Street Philadelphia, PA 19102 215-557-0111 Fishbein@litchfieldcavo.com By: Joel I. Fishbein, Esquire Attorney for Defendants STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GREBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT and VICKIE BUCHER as agent for MARGARET WOHLFARTH Plaintiffs V. SAMUEL LINDENBERG, JAMES DAILEY and JOSEPH DeMURO : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : No.: 14-4110 • DEFENDANTS' ANSWERS TO PLAINTIFFS' INTERROGATORIES 1. State whether one or more of the Defendants explained to the customers of TEAM Financial Managers, Inc., or to the customers of TEAM Financial before, during, or after the time that the Defendants relinquished their licenses with FINRA in 2009, the difference between the duty to customers of a licensed registered representative (RR) versus that of a registered investment advisor (RIA) or an investment advisor representative (IAR). If so, state what the customers were told orally and what they were told in writing. ANSWER: Objection. This interrogatory violates Rule 4011(e)'s prohibition on discovery which would require the making of an unreasonable investigation, and Rule 4011(b) because answering this interrogatory will cause unreasonable: burden and expense. Without waiving these objections, and subject to them, yes. It was routine for both Sam Lindenberg and Joe DeMuro to review the investment, advisory agreement and SEC Form ADV Part 2 with new and existing clients. 2. Identify all the document(s) in your possession or control, or that you area are related in any way to the risk profile or risk appetite of each Plaintiff. are of that ANSWER: All documents in Defendants' possession which relate in any way to the risk tolerance of the plaintiffs have been produced on the compact disc accompanying these answers. 3. Identify the agent, employee, or control person of Team Financial Managers, Inc. or subsidiary company, or associated company, or affiliated company, who provided investment advice or investment services whether for a fee or for a commission to each of the Plaintiffs during the period from January 1, 2009 through and including December 31, 2013. ANSWER: A spreadsheet identifying, where applicable, the investment adviser, registered representative, and/or portfolio manager for each of the plaintiffs is provided on the compact disc accompanying these answers. Investors in the Team Asset Strategy Fund received no investment services or advice from any representative of Team Financial Managers. 4. Identify the agent, employee, or control person of Team Financial Managers, Inc. or subsidiary, company, or associated company, or affiliated company, :who discussed with or described to, the Plaintiffs the features, characteristics, and benefits of investing with one or more of the Defendants or with a company the Defendants worked for;or were associated with ANSWER: A spreadsheet identifying, where applicable, which defendant(s) discussed investment strategy witheach plaintiff is provided on thecompact disc accompanying these answers.' Investors in the Team Asset Strategy Fund received no investment services or advice:. Identify the specific document or documents that reflect the basisupon which the, Defendants and/or -the "agent,employee,; or control person of Team Financial Managers, Inc., or subsidiary. company, :or. associated company,: or affiliated Company, who discussed with, or described -2- LITCHFIELD CAVO LLP to the Plaintiffs the features, characteristics, and benefits of investing with one or more of the Defendants, concluded that the Team Asset Strategy Fund was suitable for the Plaintiffs. ANSWER: Pursuant to Pa.R.Civ.P., Rule 4006(b), the answer to this interrogatory may be derived or ascertained from the records provided with these answers. All documents responsive to this question posed in this interrogatory in defendants' possession or control are supplied on the accompanying compact disc. 6. Identify the specific document or documents that reflect the basis upon which the Defendants and/or the agent, employee, or control person of Team Financial Managers, Inc., or subsidiary company, or associated company, or affiliated company, who discussed with, or described to the Plaintiffs the features, characteristics, and benefits of investing with one ore more of the Defendants, concluded that the investments purchased in Plaintiffs' managed account(s), including but not limited to "leveraged inverse exchange traded funds," were suitable for the Plaintiffs. ANSWER: Pursuant to Pa.R.Civ.P., Rule 4006(b), the answer to this interrogatory may be derived or ascertained from the records provided with these answers. All documents responsive to this question posed in this interrogatory in defendants' possession or control are supplied on the accompanying compact disc. 7. Identify all the individuals who provided supervision of the investment advisor representative for TEAM Financial Managers who provided investment advice or investment services to the Plaintiffs and the Plaintiffs' account(s). ANSWER: Sam Lindenberg 8. Indicate whether any of the Defendants are registered with the Commonwealth of Pennsylvania and/or the Federal Securities Exchange Commission as investment advisors and, if so, identify those Defendants and their current registration status with each governmental agency. ANSWER: Sam Lindenberg — Retired James Dailey — Securities and Exchange Commission, inactive Joseph DeMuro —Pennsylvania - active 9. Indicate whether one or more of the Defendants was insured by a policy of professional liability insurance during the period January 1, 2009 through December 31, 2014. ANSWER: Yes. 10. If the answer to the preceding interrogatory is yes, state: Pursuant to Pa.R.Civ.P., Rule 4006(b), the answer to this interrogatory may be derived or ascertained from the insurance policy declaration page which is provided on the accompanying compact disc. (a) the name and address of the insurance carrier or carriers; and -3- LITCHFIELD CAVO LLP ANSWER: ANSWER: ANSWER: ANSWER: (b) the limits of liability for negligence and/or recklessness; and (c) any maximum amount payable per claims; and (d) any deductible. 11. Identify the factors used by one or more of the Defendants in developing the investment strategy used by Defendants to allocate the assets of Plaintiffs during the period from June 30, 2011 through December 31, 2013. ANSWER: The factors considered included a large amount of macroeconomic data and forecasting indicators, financial market fundamental data and forecasts, as well as various technical and quantitative financial market data and indicators. In addition, Defendants have produced, on the compact disc accompanying these answers, a list of research providers used by defendants via secure websites and/or software to which Defendants no longer have access. Furthermore, counsel has available for inspection and copying thousands of pages of research materials. 12. Identify the factors used by one or more of the Defendants in developing the investment strategy used by Defendants to select securities to be purchased in the Team Asset Strategy Fund during the period from June 30, 2011 through December 31, 2013. ANSWER: The factors considered included a large amount of macroeconomic data and forecasting indicators, financial market fundamental data and forecasts, as well as various technical and quantitative financial market data and indicators. In addition, Defendants have also produced, on the compact disc accompanying these answers, a list of research providers used by defendants via secure websites and/or software, to which Defendants no longer have access. Furthermore, counsel has available for inspection and copying thousands of pages of research materials. 13. Identify the reason that on occasion money in the managed accounts of clients of Team Financial was transferred from the TEAMX Fund to TEAIX Fund. ANSWER: The TEAIX share class was launched as a transaction fee institutional share class, which included a lower operating expense to its shareholders. The determination was made that for some managed accounts in which the Fund was expected to remain a core long term holding, the TEAIX share class would be a cheaper alternative to hold. -4- LITCHFIELD CAVO LLP 14. Identify the date one or more of the Defendants first discussed development of the TEAM Asset Strategy Fund with a representative of Charles Schwab Inc. and/or Huntingdon Asset Management LLC and/or United Financial Securities, Inc., and/or Huntingdon Bancshares, Inc., ANSWER: Unified Financial Services, Inc. — July 2009 Charles Schwab — sometime in fall 2009 15. Identify the underwriter of the TEAM Asset Strategy Fund. ANSWER: Unified Financial Services, Inc. 16. Identify the distributor of the TEAM Asset Strategy Fund. ANSWER: Unified Financial Services, Inc./Huntington Asset Services 17. Identify the clearing broker for sales of shares of the TEAM Asset Strategy Fund. ANSWER: There were never any "sales" of the Fund that generated commissions/ compensation on a transaction basis via a broker/dealer and registered representative. For those plaintiffs who were RIA clients of TEAM Financial Managers, with an accompanying investment advisory agreement, custody of the fee based separate account was at Schwab Institutional, which would have cleared the buy/sell transaction of all securities held in client accounts. For those plaintiffs who were not RIA clients, they would have bought/sold shares of the Fund directly at Huntington, with no clearing broker involved. 18. Identify the representative of Charles Schwab Inc. and/or Huntingdon Asset Management LLC and/or Unified Financial who advised that the Statement of Additional Information, dated November 22, 2011 be sent to owners of shares of the TEAM Asset Strategy Fund. ANSWER: Defendants had interaction with various people within the compliance/legal department of Huntington. The only individual with whom Defendants interacted who can currently be identified is John Shwear, the Chief Compliance Officer for the Valued Advisors Trust. 19. Identify the representative of Charles Schwab Inc. and/or Huntingdon Asset Management LLC and/or Unified Financial Securities, Inc., and/or Huntingdon Bancshares, Inc. who advised Defendants on what that Statement of Additional Information, dated November 22, 2011 and the Statement of Additional Information dated February 28, 2012, and the Supplement dated December 30, 2011 should state. ANSWER: Defendants had interaction with various people within the compliance/legal department of Huntington. The only individual with whom Defendants interacted who can currently be identified is John Shwear, the Chief Compliance Officer for the Valued Advisors Trust. In addition, outside counsel, 1940 Act Law Group was also consulted by Huntington Asset Services, and its lawyers also provided relevant opinions. -5- LITCHFIELD CAVO LLP 20. Identify the representative of Charles Schwab Inc. and/or Huntingdon Asset Management LLC and/or Unified Financial Securities, Inc., and/or Huntingdon Bancshares, Inc. who advised Defendants on whether owners of shares of the Team Asset Strategy Fund should receive and individual warning that the strategy of the Team Asset Strategy Fund was going to change and that investment in the fund would entail greater risk. ANSWER: Defendants had interaction with various people within the compliance/legal department of Huntington. The only individual with whom Defendants interacted who can currently be identified is John Shwear, the Chief Compliance Officer for the Valued Advisors Trust. In addition, outside counsel, 1940 Act Law Group was also consulted by Huntington Asset Services, and its lawyers also provided guidance to Huntingdon on securities laws, federal regulations, and SEC guidelines concerning notification of shareholders. LITCHFIE D CAVO LLP BY: OEL I. FISHBEIN Attorney for Defendants -6- LITCHFIELD CAVO LLP 10 -01- lzi:3r rtiurl-learn rinanclal 5erv, 111V40/6(b 1 -Zn YI01010'L/1010162 Verification I, Sam Lindenberg am one of the defendants named herein and state that the averment of fact set forth in the forgoing Answers to the Interrogatories are true and correct to the best of my Knowledge, information and belief. I understand that the statements herein are made subject to penalties of 18 Pa.C.S. & 4904 relating to unsworn falsification to authorities. J� Sam Lindenberg LITCHFIELD CAVO LLP Suite 1220 1515 Market Street Philadelphia, PA 19102 215-557-0111 Fishbein@litchfieldcavo.com By: Joel I Fishbein, Esquire Attorney for Defendants STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARE, SUSAN : CUMBERLAND COUNTY COLLARE, ROBERT F. COSGRIFF, : COURT OF COMMON PLEAS JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, : No.: 14-4110 SUSAN C. GRAFT, JEFF GRANT, SUSAN • GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, • MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ROBERT LENTZ, • LINDA LENTZ, STEPHEN M. LEONARD, • KATHLEEN L. LEONARD, WAYNE C. • MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, • MARY LOU SCHWALM, ROBERT SELZ, • JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRIS -TINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, : CAROL P. DURGIN, ROBERT GREBAS, • SHARON E. ICREBS, BRADLEY S. MILLER, CAROL PENNINGTON,• LINDA, RANDBY, ROBERT SCHOTT and VICKIE BUCHER as agent for MARGARET WOHLFARTH Plaintiffs v. SAMUEL LINDENBERG, JAMES DAI EY and JOSEPH DeMURO DEFENDANTS' RESPONSE TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS 1. One or more of the Claimants were told during the period from December 2009 through December 2013, that Defendants and Defendants' family members were invested in the Team Asset Strategy Fund. Provide a copy of any materials shown or presented by one or more of the Defendants to investors or prospective investors to show theme that Defendants and/or Defendants' family member was invested in the Team Asset Strategy Fund. Such materials include, but are not limited to, the account statement of one more Defendants and one or more of the Defendants' family members. RESPONSE: Other than verbal representations which Sam Lindenberg concedes having made, no physical account statements or other evidence of Defendants' investments were ever, to Defendants' knowledge, shared with the Plaintiffs. 2. Provide account statements showing the dollars invested in the TEAM Asset Strategy Fund by each of the Defendants and by each of the Defendants' family members for each of the years from 2009 through and including 2014. RESPONSE: Objection. Defendants object to the production of private financial information concerning their family members (other than spouses) who are not defendants in this lawsuit, and whose privacy interest in their financial information is such that production of the requested information would cause unreasonable annoyance, embarrassment and oppression. Without waiving this objection, and subject to it, included on the compact disc accompanying this response are the account statements or other documents evidencing the investment of the Defendants in the TEAM Asset Strategy Fund. 3. Provide the account statements for each of the Defendants and each of the Defendants' family members showing the date and dollar amount of sales of the TEAM Asset Strategy Fund from those same accounts during calendar years 2010 through and including 2014. RESPONSE: Objection. Defendants object to the production of private financial information concerning their family members (other than spouses) who are not defendants in this lawsuit, and whose privacy interest in their financial information is such that production of the requested information would cause unreasonable annoyance, embarrassment and oppression. Without waiving this objection, and subject to it, included on the compact disc accompanying this response are the account statements for the Defendants and their spouses. 4. Provide a copy of each and every agreement between one or more Defendants for themselves or on behalf of TEAM Financial Managers, Inc. or TEAM Financial Asset Management, LLC, with the entities Huntington Bancshares, Inc., and Huntingdon Asset Services, Inc., (formerly known as Unified. Fund Services), and Unified Financial Securities, Inc: RESPONSE: The only documents responsive to this request in Defendants'possession and control are labeled "VAT_Investment_Advisory_Agreement_TEAM Executed" and "Pledge Agreement" and they are provided on the compact disc accompanying these responses. -2- LITCHFIELD CAVO LLP 5. Provide a copy of each and every agreement between one or more Defendants for themselves or on behalf of TEAM Financial Managers, Inc. or TEAM Financial Asset Management, LLC, with the entity Charles Schwab Corporation. Examples of such agreements include, but are not limited to, the Services Agreement date December 29, 2009 and the Operating Agreement dated April 1, 2009, the latter of which was referred to in the Services Agreement date December 29, 2009. RESPONSE: The only document responsive to this request in Defendants' possession and control is labeled "Service Agreement -Schwab" and it is provided on the compact disc accompanying these responses. 6. Provide the document or documents used by one or more of the Defendants in developing the investment strategy utilized during the period from January 1, 2012 through and including December 31, 2013. RESPONSE: Defendants have produced on the compact disc accompanying these responses a list of research providers used by defendants via secure websites and/or software to which Defendants no longer have access. Furthermore, counsel has available for inspection and copying thousands of pages of research materials. 7. Provide a copy of each and every document which you have identified in your answers to "Plaintiffs' Interrogatories to Defendants" including each and every policy of professional liability insurance. RESPONSE: Responsive documents in Defendants' possession and control are provided on the compact disc accompanying this response with the exception of thousands of pages of research materials which are in counsel's office, and available for inspection and copying. The policy of insurance will not be provided because the declaration page for the policy in force potentially covering the loss is provided on the compact disc accompanying these responses and it provides all of the discoverable information concerning insurance. 8. Provide copies of all documents which show the amount of compensation earned by, or awarded to, each Defendant during the period November 1, 2009 through December 31, 2013, whether from Team Financial Managers, Inc., or Team Financial Asset Management, LLC, or any related or associated entity. RESPONSE: Defendants have produced on the compact disc accompanying these responses the W -2's and K -1's issued to Defendants by the applicable TEAM entities. 9. Provide copies of any and all training materials, used to train employees and agents of TEAM Financial Managers, Inc. or TEAM Financial Asset Management, LLC, during the period January 1, 2009 through December 31, 2013. RESPONSE: Defendants have no documents in their possession or control responsive to this request. -3- LITCHFIELD CAVO LLP 10. Provide copies of any and all training materials, used to train employees and agents of TEAM Financial Managers, Inc., or TEAM Financial Asset Management, LLC, during the period January 1, 2009 through December 31, 2013, where one or more specific securities were described including the Team Asset Strategy Fund and Inverse Exchange Traded Funds. RESPONSE: Defendants have no documents in their possession or control responsive to this request. 11. Provide Copies of any and all sales materials, used by Defendants and employees and agents of TEAM Financial Managers, Inc. or TEAM Financial Asset Management, LLC, during the period January 1, 2009 through December 31, 2013, where one or more specific securities were described including the Team Asset Strategy Fund and Inverse Exchange Traded Funds. RESPONSE: Only one mutual fund fact sheet was ever produced. It received compliance review to be shared with the public. This document is labeled "9-30-2011 TEAMX Fact Sheet" and it is provided on the compact disc accompanying these responses. It is believed that investors received prospectuses for the Team Asset Strategy Fund directly from Schwab or Huntington, but those documents are not in Defendants' possession or control. 12. Provide copies of any and all sales materials, used by Defendants and employees and agents of Defendants, during the period January 1, 2009 through December 31, 2013, to sell their investment advisory services. RESPONSE: The TEAM sales materials for the identified period are provided on the compact disc accompanying these responses. 13. Provide copies of any and all recommended statements used by Defendants and employees and agents of TEAM Financial Managers, Inc., or TEAM Financial Asset Management, LLC during the period January 1, 2009 through December 31, 2013, to sell the Team Asset Strategy Fund and the investment strategy employed during that period. RESPONSE: Defendants cannot provide a response to this request because they do not understand the phrase "recommended statements." 14. Provide a copy of any and all financial plans prepared for Plaintiffs by one ore more of the Defendants or by one or the employees or agents of Team Financial Managers, Inc. RESPONSE: The Defendants did not produce or offer comprehensive "financial plans" as a stand alone product or document. They provided "a la carte" financial planning services which typically focused on retirement planning, though topics such as life/disability/long term care insurance, budgeting, college planning, etc were discussed and reviewed when mutually agreed upon with clients. The primary analytical tool used was a Excel -based spreadsheet developed by the Defendants, and copies of relevant files for Plaintiffs are provided on compact disc accompanying these responses. Defendants did not prepare any other financial plans for plaintiffs. -4- LITCHFIELD CAVO LLP 15. Provide a copy of any and all documents describing the compensation to Defendants generated by the sales of the Team Asset Strategy Fund to the Plaintiffs. RESPONSE: Defendants have no documents in their possession or control responsive to this request. 16. Provide a copy of all Agreements the Defendants had between January 1, 2009 and December 31, 2013 with Huntington Asset Services, Inc., 2960 North Meridan Street, Suite 300, Indianapolis, Indiana 46208, and with Unified Financial Securities, Inc., 2960 North Meridan Street, Suite 300, Indianapolis, Indiana 46208 and with Huntington Bancshares, Inc., Columbus, Ohio, and with BBD, LLP, 1835 Market Street, 26th Floor, Philadelphia, Pennsylvania 19103, and with Cohen Audit Services, LTS., Westlake, Ohio. RESPONSE: See response to Request No. 4 above. LITCHFIE BY D CAVO LLP ;JOEL I. FISHBEIN Attorney for Defendants -5- LITCHF[ELD CAVO LLP leelelia 3 J 3$ 13 1111111MIIMI, EXHIBIT C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, : CIVIL ACTION — LAW TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, : NO. 14-4110 ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, • TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GREBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT, and VICIUE BUCHER as agent for MARGARET WOHLFARTH, PLAINTIFFS • V. SAMUEL LINDENBERG, JAMES DAILEY, and JOSEPH DeMURO, DEFENDANTS PLAINTIFFS' INTERROGATORIES TO DEFENDANTS — SET NO. 2 All named Plaintiffs, in the above -captioned action (hereinafter "Plaintiffs"), by the undersigned attorney, request that Defendants answer under oath the following interrogatories within thirty (30) days of service in accordance with Pa.R.C.P. No. 4001 et seq. These interrogatories are deemed to be continuing to the extent provided in Pa.R.C.P. No. 4007.4: INSTRUCTIONS AND DEFINITIONS Please follow these instructions and use the following definitions in answering these interrogatories. Any term or word that is not defined herein has its usual and customary meaning. a. Each of the following interrogatories shall be answered separately and fully in writing. The answers shall be signed and verified by the person making them. Objections, if any, shall be signed by the attorney making them. b. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, employees, servants, officers, directors, accountants, attorneys (unless privileged), or other persons acting or purporting to act on behalf of the party to whom these interrogatories are addressed. You must make inquiries of your agents, employees, etc., whenever such inquiry is necessary to enable you to answer these interrogatories completely and accurately. c. When, after a reasonable and thorough investigation, you are unable to answer any interrogatory, or any part thereof, because of lack of information available to you, specify in full and complete detail the reason the information is not available to you and what has been done to locate such information. In addition, specify what knowledge or belief you have concerning the unanswered portion of the interrogatory and set forth the facts upon which such knowledge or belief is based. d. Where an interrogatory does not specifically request a particular fact, but where such fact or facts are necessary to make the answer to the interrogatory either comprehensible, or complete, or not misleading, you are requested to include such fact or facts as part of the answer, and the interrogatory shall be deemed specifically to request such fact or facts. e. If, in answering these interrogatories, you encounter an ambiguity in a question, instruction, or definition, set forth the matter deemed ambiguous and the interpretation you used in answering. f. If you assert a privilege, work product immunity, or decline to provide an answer on the basis of some other objection, please: i. identify and describe the document or communication in question; 2 ii. describe the basis for the asserted privilege or objection; iii. identify every person to whom the document was sent, or every person present when the communication was made; and iv: identifythe-present-custodian-ofthe-document, i€ -any Include sufficient facts for the court to make a full determination of whether the claim or objection is valid. g. The pronoun "you" refers to the party to whom these interrogatories are addressed, the party's agents, representatives and, unless privileged, the party's attorneys. Additionally, the pronoun "you" refers to each parent, predecessor, subsidiary, affiliate, and each present and former officer, employee, agent, representative, and attorney of a corporate or other business entity. h. The word "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, or other units therein, and shall include, without limitation, a public or private corporation, partnership, joint venture, voluntary unincorporated association, organization, proprietorship, trust, state, government agency, commission, bureau, or department. i. The term "document" means any medium in which information or intelligence can be recorded or retrieved, and includes, without limitation, the original or copy, regardless of origin and location, of any book, pamphlet, periodical, letter memorandum, (including any memorandum or report of a meeting or conversation), invoice, bill, order, form, receipt, financial statement, accounting entry, diary, calendar, telex, telegram, cable, report, record, contract,. study, handwritten note, draft, working paper, chart, paper, print, laboratory record, drawing sketch, graph, index, list, tape, photograph, microfilm, data sheet, electronically stored data, or data processing card, or any other written, recorded, transcribed, punched, taped, filmed, or graphic matter, however produced or reproduced, which is or was in your possession, custody or control. j. The term "communication" means any oral or written utterance, notation, or statement of any nature whatsoever between or among two or more persons, by or to whomsoever made, and including without limitation correspondence, documents, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings. 3 k. The word "identify" or words of similar import, when used in reference to: i a natural individual, requires you to state his or her full name, and present or last know residential address, business address, and telephone number; ii. a corporation, requires you to state its full corporate name, and any names under which it does business, its state of incorporation, the address and telephone number of its principal place of business and the address and telephone number(s) of all its officers; iii. a business other than a corporation requires you to state the full name or style under which the business is conducted, its business addresses, its telephone numbers, and the identity of the persons who own, operate, and control the business; iv. a document, requires you to state its title, its date, the names of its authors and recipients, and its present or last known location and custodian, including any documents prepared subsequent to any time period; and v. a communication, requires you, if any part of the communication was written, to identify the documents which refer to or evidence the communication, and, if any part of the communication was non -written, to identify the person participating in or otherwise present during all or part of the communication, and describe the substance thereof. 1. When an interrogatory requires you to "describe," to "state the basis "of' or to "state the facts" on which you rely to support a particular claim, contention, or allegation, state in your answer each and every fact and identify each and every communication or document which you contend supports, refers to, or evidences such claim, contention, or allegation. When an interrogatory requires you otherwise to describe or state the facts relating to any particular set of circumstances, act, event, transaction, occurrence, meeting, purchase, sale, agreement, contract, venture, relationship, conversation, representation, communication, or other item of information, state briefly in your answer the facts (including dates and places) relating to such transaction, occurrence, relationship, set of circumstances, etc.; identify any persons who are or were parties thereto or have knowledge thereof; and identify any communications and documents relating to or evidencing such transaction, occurrence, relationship, or set of circumstances. 4 Each Defendant should respond to each interrogatory and if that Defendant does not have the information requested should so state: INTERROGATORIES 1. In Defendants' response to Interrogatory #3 of Plaintiffs' Interrogatories to Defendants— Set No. 1 (hereinafter "Set 1"), Defendant stated "investors in the Team Asset Strategy Fund received no investment services or advice from any representative of Team Financial Management." Please identify the person or persons who spoke with the. Plaintiffs who purchased shares in the Team Asset Strategy Fund prior to the purchase. ANSWER 2. With respect to Interrogatory #1 above, state whether that person or those persons were provided with a recommended script or "talking points" by Samuel Lindenberg or by anyone else. If so, identify where that script or talking points can be obtained. ANSWER Identify what information, if any, was provided by one or more of the Defendants to the Plaintiffs (who, purchased shares in the Team Asset Strategy Fund) that resulted in those Plaintiffs purchasing the Team Asset Strategy Fund. 5 4. (a) Identify the basis upon which one or more of the Defendants concluded that the Team Asset Strategy Fund was suitable for the Plaintiffs to purchase and/or hold in their account. (b) Identify the specific factors in the Plaintiffs' financial profile that suggested to-Defendants-tlat the Team-Asset-StrategyFund-was suitable -for -that -individual investor. ANSWER 5. Identify the basis upon which one or more of the Defendants concluded that a leveraged inverse ETF was suitable for the Plaintiffs to purchase and/or hold in their account. (b) Identify the specific factors in the Plaintiffs' financial profile that suggested to one or more of the Defendants that a leveraged inverse ETF was suitable for that individual investor. ANSWER 6. Defendants' Answer to Interrogatory #13 of Set 1 stated in part "the determination was made that for some managed accounts in which the fund was expected to remain a core long term holding, the TEAIX share class would be a cheaper alternative to hold." Identify those Plaintiffs for whom the fund was not expected to remain a core long term holding and specify why it was not expected to be so. ANSWER 6 7. With regard to Defendants' Answer to Interrogatory #13 of Set 1, identify under what circumstances the TEAIX share class would not have been a cheaper alternative to hold than the TEAMX share class. ANSWER 8. Identify the member or members of the Board of the Directors of the Valued Advisors Trust who advised Defendants that the Statement of Additional Information, dated November 22, 2011, should be sent to owners of shares of the Team Asset Strategy Fund. ANSWER 9. Identify the member or members of the Board of Directors of the Valued Advisors Trust who advised Defendants on what that Statement of Additional Information, dated November 22, 2011, and the Statement of Additional Information dated February 28, 2012, and the Supplement dated December 30, 2011, should state to investors. ANSWER 7 10. Defendants' response to Plaintiffs' Request for Production of Documents #5 was that "the only document responsive to this request in the Defendants' possession is labeled `Service Agreement - Schwab' and is provided on the compact disk accompanying these responses". Ifthe-documententitled-Op-erating Agreement dated-A-priil- 2009 is-notin-the-possession and control of Defendants, identify who is in possession and/or control of that document. Also, state whether one or more Defendants has seen that document or had that document in his possession at any time between January 2009 and December 2013. ANSWER 11. State whether the professional liability insurance policy identified in Defendants' Response to Request #7 is the same policy that was issued to cover Team Financial Asset Management, LLC and Team Financial Managers, Inc. ANSWER 12. State whether a liability insurance policy of any kind was issued to cover the members of the Board of Directors of the Team Asset Strategy Fund. 6. If so, identify the policy number(s) and issuer of the policy. ANSWER 8 13. State whether a liability insurance policy of any kind was issued to cover the members of the Board of Directors of the Valued Advisors Trust. If so, identify the policy number(s) and issuer of the policy. ANSWER 14. Defendants' Response to Plaintiffs' Request #15 for the documents describing the compensation to Defendants generated by the sales of the Team Asset Strategy Fund to Plaintiffs was that "Defendants have no documents in their possession or control responsive to this request." Identify who has those documents in their possession or control. ANSWER Dated: October, 2014 Respectfully submitted, , Esquire ttorney I.D. No. 32594 650 North Twelfth Street, Suite 100 Lemoyne, PA ,17043. (717) 691-9809 rbleecher@pechtlaw.com Attorneys for Plaintiffs 9 CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, the attorney for Plaintiffs, hereby certify that I have served the foregoing document this date by depositing a true and correct copy of the same in the United States First -Class Mail, postage prepaid, addressed as follows: Joel I. Fishbein, Esquire Litchfield Cavo LLP 1515 Market Street, Suite 1220 Philadelphia, Pennsylvania 19102-1903 Attorneys for Defendants Samuel Lindenberg, James Dailey, and Joseph DeMuro PECHT & ASSO :, P. Dated: October )- ; 2014 By: ob Bleecher, Esquire 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA' STEPHEN P. BRODIE, GRETCHEN G. BRODIE, FERDINAND ALICEA, NIKKI ALICEA, RICHARD BENNER, DARLENE BENNER, JOHN BOWSER, BARBARA BOWSER, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, : NO. 14-4110 ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GREBAS, DEBORAH KOLVA, : SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT, and VICKIE BUCHER as agent for MARGARET WOHLFARTH, PLAINTIFFS : CIVIL ACTION — LAW V. SAMUEL LINDENBERG, JAMES DAILEY, JOSEPH DeMURO, TEAM FINANCIAL MANAGERS, : INC., and TEAM FINANCIAL ASSET MANAGEMENT, LLC, DEFENDANTS PLAINTIFFS' PETITION FOR LEAVE TO AMEND WRIT OF SUMMONS AND NOW, come Plaintiffs, by and through their attorneys, Pecht & Associates, P.C., and request leave to file an Amended Writ of Summons and aver as follows: 1. On July 15, 2014, Plaintiffs filed a Writ of Summons with this Court at Docket No. 14- 4110. That Writ was served upon counsel for Defendants Lindenberg, Dailey, and DeMeo. 2. On or about October 28, 2014, Plaintiffs petitioned the Bankruptcy Court for the Middle District of Pennsylvania to lift the Automatic Stay in the bankruptcy of Team Financial Asset Management, LLC and of Team Financial Managers, Inc. 3. On or about October 28, 2014, the Court granted Plaintiffs' Petition to Lift the Automatic Stay and Plaintiffs were given leave to proceed against Team Financial Asset Management, LLC and Team Financial Mangers, Inc. 4. Pursuant to Pa. R. Civ. P. 1033, Plaintiffs request leave to amend the Writ of Summons to include Team Financial Management, LLC and Team Financial Mangers, Inc. as Defendants in this action. 5. No undue prejudice to Defendants will result from allowing such an amendment. 6. On Thursday, December 4, 2014, via e-mail, Plaintiffs' counsel sought the concurrence of Joel Fishbein, Esquire, counsel for Defendants Lindenberg, DeMeo, and Dailey, with this Motion. Mr. Fishbein has indicated that he objects to this Motion. 7. No judge has ruled on any issues in this or a related matter. WHEREFORE, Plaintiffs respectfully request that the Court grant them leave to file an Amended Writ of Summons. Dated: December 10, 2014 By: Respectfully submitted, PECHT & ASSOC • TES, PC Rob Bleecher, Esquire Attorney I.D. No. 32594 Wayne M. Pecht, Esquire Attorney I.D. No. 38904 Pecht & Associates, PC 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (717) 691-9808 CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, the attorney for Plaintiffs, hereby certify that I have served the Motion for Leave to Amend the Writ of Summons on this date, by depositing a true and correct copy of the same in the United States mail, first class postage prepaid, addressed as follows: Joel I. Fishbein, Esquire Litchfield Cavo LLP 1515 Market Street, Suite 1130 Philadelphia, PA 19102-1903 Attorney for Defendants Dated: December 10, 2014 By: Rob 'Bleecher, Esquire Attorney I.D. No. 32594 Wayne M. Pecht, Esquire Attorney I.D. No. 38904 Pecht & Associates, PC 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (717) 691-9808 LITCHFIELD CAVO LLP Suite 1220 1515 Market Street Philadelphia, PA 19102 215-557-0111 Fishbein@litchfieldcavo.com By: Joel 1. Fishbein, Esquire Attorney for Defendants STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, . SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GRIEBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT and VICKIE BUCHER as agent for MARGARET WOHLFARTH Plaintiffs v. SAMUEL LINDENBERG, JAMES DAILEY : and JOSEPH DeMURO CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 14-4110 PRAECIPE FOR RULE TO FILE COMPLAINT TO: THE PROTHONOTARY Please enter a Rule against all plaintiffs, to file a Complaint against all defendants, within 20 days hereof or suffer the entry of a Judgment of Non Pros. LITCHFIELD CAVO LLP oel I. Fishbein Suite 1220 1515 Market Street Philadelphia, PA 19102 215-557-0111 Fishbein(a,litchfieldcavo.com STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GRIEBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT and VICKIE BUCHER as agent for MARGARET WOHLFARTH Plaintiffs : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : No.: 14-4110 v. SAMUEL LINDENBERG, JAMES DAILEY : and JOSEPH DeMURO RULE TO FILE COMPLAINT AND NOW, this day of I's, a Rule is hereby granted upon , plaintiff, to file a Complaint herein against , defendant, within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. Prothonotary, Court of Common Pleas, Cumberland County �� By: /QUA�( i) .cek Dpu.ty Pi6thonotary STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GRIEBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT and VICKIE BUCHER as agent for MARGARET WOHLFARTH Plaintiffs : CUMBERLAND COUNTY : COURT OF COMMON PLEAS V. SAMUEL LINDENBERG, JAMES DAILEY : and JOSEPH DeMURO No.: 14-4110 CERTIFICATE OF SERVICE Joel I. Fishbein, Esquire hereby certifies that he did cause a true and correct copy of the Praecipe for Rule to File Complaint was served on ' f j, upon the counsel listed below via first class mail: Rob Bleecher, Esquire Pecht & Associates, P.C. 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 BY: LITCHFIELD CAVO LLP JOEL1. FISHBEIN Attorney for Defendants STEPHEN P. BRODIE, GRETCHEN G. BRODIE, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONAkD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT 1). SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GRIEBAS, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT and VICKIE BUCHER as agent for MARGARET WOHLFARTH Plaintiffs : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : No.: 14-4110 CIVIL ACTION — LAW v. SAMUEL LINDENBERG, JAMES DAILEY : and JOSEPH DeMURO ORDER OF COURT 4:7 AND NOW, this 17TH day of DECEMBER, 2014, a hearing and/or argument on Defendant's Motion for a Protective Order will be held on FRIDAY, JANUARY 30, 2015, at 10:30 a.m. in Courtroom # 3, Cumberland County Courthouse, Carlisle, Pa. Edward E. Guido, J. Rob Bleecher, Esquire 650 North Twelfth Street Suite 100 Lemoyne, Pa. 17043 I. Fishbein, Esquire 1515 Market Street Suite 1130 Philadelphia, Pa. 19102-1903 :sld IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. BRODIE, GRETCHEN G. BRODIE, FERDINAND ALICEA, NIKKI ALICEA, RICHARD BENNER, DARLENE BENNER, JOHN BOWSER, BARBARA BOWSER, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, : CIVIL ACTION — LAW TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, : NO. 14-4110 ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, Fes,-, JOSEPH A. ROBYAK, LINDA R. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER,. RONALD SCHWALM, MARY LOU SCHWALM, c� ROBERT SELZ, JUDITH SELZ, - BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL • P. DURGIN, ROBERT GREBAS, DEBORAH KOLVA, : SHARON E. KREBS, BRADLEY S. MILLER, CAROL : PENNINGTON, LINDA RANDBY, ROBERT SCHOTT, and VICKIE BUCHER as agent for MARGARET WOHLFARTH, PLAINTIFFS "13 CD V. '4'41 SAMUEL LINDENBERG, JAMES DAILEY, JOSEPH DeMURO, TEAM FINANCIAL MANAGERS, : INC., and TEAM FINANCIAL ASSET MANAGEMENT, LLC, DEFENDANTS PRAECIPE TO THE PROTHONOTARY: Kindly dismiss Plaintiffs' Petition for Leave to Amend Writ of Summons filed in the above - referenced matter on December 11, 2014. Dated: December 31, 2014 By: Respectfully submitted, PECHT & ASSQCfTES, PC Ro Bleec e , Esquire A orney I.D. No. 32594 Wayne M. Pecht, Esquire Attorney I.D. No. 38904 Pecht & Associates, PC 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (717) 691-9808 CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, the attorney for Plaintiffs, hereby certify that I have served the Foregoing Praecipe on this date, by depositing a true and correct copy of the same in the United States mail, first class postage prepaid, addressed as follows: Joel I. Fishbein, Esquire Litchfield Cavo LLP 1515 Market Street, Suite 1130 Philadelphia, PA 19102-1903 Attorney for Defendants Dated: December 31, 2014 By: Rob o leecher, Esquire Attorney I.D. No. 32594 Wayne M. Pecht, Esquire Attorney I.D. No. 38904 Pecht & Associates, PC 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (717) 691-9808 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. BRODIE, GRETCHEN G. BRODIE, FERDINAND ALICEA, NIKKI ALICEA, RICHARD BENNER, DARLENE BENNER, JOHN BOWSER, BARBARA BOWSER, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, : CIVIL ACTION — LAW TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, : NO. 14-4110 ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, LINDA R. ROBYAK, --o ROBERT D. SCHANKWEILER, KAREN G. rti SCHANKWEILER, c.f); RONALD SCHWALM, MARY LOU SCHWALM, > r- - ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, --- CD - C7 ROBERT VAN VORST, CHRISTINA VAN VORST, Ps.) WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL • P. DURGIN, ROBERT GREBAS, DEBORAH KOLVA, • SHARON E. KREBS, BRADLEY S. MILLER, CAROL • PENNINGTON, LINDA RANDBY, ROBERT SCHOTT, and VICKIE BUCHER as agent for MARGARET WOHLFARTH, PLAINTIFFS IN) V. SAMUEL LINDENBERG, JAMES DAILEY, JOSEPH DeMURO, TEAM FINANCIAL MANAGERS, : INC., and TEAM FINANCIAL ASSET MANAGEMENT, LLC, DEFENDANTS DISMISSAL OF PLAINTIFFS' PETITION FOR LEAVE TO AMEND WRIT OF SUMMONS Upon Praecipe of Plaintiffs to Dismiss Petition for Leave to Amend Writ of Summons, the v*\ Petition is DISMISSED. j.4 David Buell, Prothonotary By: Deputy Prothonotary Distribution List: Rob Bleecher, Esquire, Pecht & Associates, P.C., 650 North Twelfth Street, Suite 100, Lemoyne, PA 17043. Joel I. Fishbein, Esquire, Litchfield Cavo LLP, 1515 Market Street, Suite 1130, Philadelphia, PA 19102-1903 IN THE COURT OF COMMON PLEAS -OFA ° E- '- ``6 I !-1 ° 1' 4 ` CUMBERLAND COUNTY, PENNSYLVA6N J .. _9 Fm i 0 STEPHEN P. BRODIE, GRETCHEN G. BRODIE, FERDINAND ALICEA, NIKKI ALICEA, RICHARD BENNER, DARLENE BENNER, JOHN BOWSER, BARBARA BOWSER, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, FREDERICK McGARVEY, BARBARA McGARVEY, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, JANET L. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GREBAS, DEBORAH KOLVA, SHARON E. KREBS, BRADLEY S. MILLER, CAROL PENNINGTON, LINDA RANDBY, ROBERT SCHOTT, and VICKIE BUCHER POA for MARGARET WOHLFARTH, PLAINTIFFS V. CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION — LAW NO. 14-4110 SAMUEL LINDENBERG, JAMES DAILEY, JOSEPH DeMURO, TEAM FINANCIAL MANAGERS, : INC., and TEAM FINANCIAL ASSET MANAGEMENT, LLC, DEFENDANTS 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 appear—ance personal—ly or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: 800-990-9108 2 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: 800-990-9108 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN P. BRODIE, GRETCHEN G. BRODIE, FERDINAND ALICEA, NIKKI ALICEA, RICHARD BENNER, DARLENE BENNER, JOHN BOWSER, BARBARA BOWSER, TODD COLLARE, SUSAN COLLARE, ROBERT F. COSGRIFF, JUDITH S. COSGRIFF, DONALD FEGER, DARLENE FEGER, TIMOTHY J. GRAFT, SUSAN C. GRAFT, JEFF GRANT, SUSAN GRANT, RICHARD G. KRISCH, DEANNE C. KRISCH, RONALD W. KURTZ, MERRY A. KURTZ, FRANK E. LENTZ, CHERYL F. LENTZ, ROBERT LENTZ, LINDA LENTZ, STEPHEN M. LEONARD, KATHLEEN L. LEONARD, FREDERICK McGARVEY, BARBARA McGARVEY, WAYNE C. MYERS, JANE G. MYERS, BRUCE NEUHAUSER, LINDA NEUHAUSER, TERRY P. RAST, ROBYNE G. RAST, JOHN E. REIERSEN, ANNETTE L. REIERSEN, JOSEPH A. ROBYAK, JANET L. ROBYAK, ROBERT D. SCHANKWEILER, KAREN G. SCHANKWEILER, RONALD SCHWALM, MARY LOU SCHWALM, ROBERT SELZ, JUDITH SELZ, BRIAN SHOVER, PAMELA SHOVER, ROBERT VAN VORST, CHRISTINA VAN VORST, WAYNE WASCOVICH, PATRICIA WASCOVICH, THOMAS E. WASHIC, ELIZABETH L. WASHIC, JEFFREY A. YINGLING, NICOLE M. YINGLING, MARY F. AUNGST, MARIAN CONRAD, CAROL P. DURGIN, ROBERT GREBAS, DEBORAH KOLVA, SHARON E. KREBS, BRADLEY S. MILLER, CAROL : PENNINGTON, LINDA RANDBY, ROBERT SCHOTT, and VICKIE BUCHER POA for MARGARET WOHLFARTH, V. PLAINTIFFS 4 CIVIL ACTION — LAW NO. 14-4110 SAMUEL LINDENBERG, JAMES DAILEY, JOSEPH DeMURO, TEAM FINANCIAL MANAGERS, : INC., and TEAM FINANCIAL ASSET MANAGEMENT, LLC, DEFENDANTS : COMPLAINT THE PARTIES 1. Plaintiffs are adult individuals who were clients of TEAM Financial Managers, Inc. and who gave discretionary authority over their managed accounts to TEAM Financial Managers, Inc. and/or who were shareholders of the TEAM Asset Strategy Fund ("TEAM FUND"). 2. Defendant TEAM Financial Managers, Inc. is believed to be a Pennsylvania business corporation existing under the laws of the Commonwealth of Pennsylvania. 3. Defendant TEAM Financial Managers, Inc. is believed to be or to have been an investment advisory firm which during all relevant and material times, was registered with the Securities Exchange Commission ("SEC") as a registered investment advisor (RIA) under the name TEAM Financial Managers (IARD #115130). TEAM Financial Managers, Inc. is believed to do, or to have done, business variously as TEAM Financial, TEAM Financial Managers, TEAM Financial Services, and TEAM Financial Systems. 4. Defendant TEAM Financial Asset Management, LLC (CRD No. 151561, SEC No. 801- 70590) is believed to have been, at all material and relevant times, a registered investment advisor (RIA) registered with the SEC and is believed to have been the investment advisor to the TEAM FUND. 5. Defendant Samuel S. Lindenberg (hereinafter "Lindenberg") is an adult individual and is believed to have been, at all material and relevant times, a principal of, an officer of, an employee of, and an owner of TEAM Financial Managers, Inc., TEAM Financial, TEAM Financial Managers, TEAM Financial Services, TEAM Financial Systems, and TEAM Financial Asset Management, LLC. 6. It is believed that Lindenberg was, at all relevant times, an investment adviser representative (IAR) for TEAM Financial Asset Management, LLC, (IARD # 151561) and for TEAM Financial Managers (IARD# 115130), and prior to January 2010 was registered with the 5 Financial Industry Regulatory Authority (FINRA) as a registered representative (CRD No. 1049681) for one or more broker-dealers 7. Defendant James L. Dailey (hereinafter "Dailey") is an adult individual and at all material and relevant times is believed to have been a principal of, an officer of, an employee of, and/or an owner of TEAM Financial Managers, Inc., TEAM Financial, TEAM Financial Managers, TEAM Financial Services, TEAM Financial Systems, and TEAM Financial Asset Management, LLC. Dailey was, at all material and relevant times, a registered investment advisor representative for TEAM Financial Managers, and for TEAM Financial Asset Management, LLC., and prior to January 2010 was registered with FINRA as a registered representative (CRD No. 3097260). 8. Defendant Joseph DeMuro (hereinafter "DeMuro") is an adult individual and at all material and relevant times is believed to have been an officer and/or employee and/or agent of TEAM Financial Managers, Inc., TEAM Financial, TEAM Financial Managers, TEAM Financial Services, TEAM Financial Systems, and TEAM Financial Asset Management, LLC. DeMuro is believed to currently be a registered investment advisor representative, and prior to January 2010 is believed to have been registered with FINRA as a registered representative (CRD No. 1886826). 9 Seth Arbogast (hereinafter "Arbogast") is an adult individual and at all material and relevant times is believed to have been an employee and/or agent of TEAM Financial Managers, Inc., TEAM Financial, TEAM Financial Managers, TEAM Financial Services, TEAM Financial Systems, and TEAM Financial Asset Management, LLC. Arbogast is believed to currently be a registered investment advisor representative, and prior to January 2010 is believed to have been registered with FINRA as a registered representative (CRD No. 1886826). BACKGROUND 10. Through one or more of the entities --TEAM Financial Managers, Inc., TEAM Financial, TEAM Financial Managers, TEAM Financial Services, TEAM Financial Systems, and TEAM Financial Asset Management, LLC, (hereinafter collectively "Team Entities") --some Plaintiffs were provided investment advice and services through a managed discretionary account held at Charles Schwab & Co., Inc. ("Schwab"). Other Plaintiffs who did not meet the minimum threshold of assets to qualify for a managed discretionary account were advised to purchase the 6 TEAM FUND directly through the underwriter of the Team Fund, Unified Financial Securities, Inc. (hereinafter "UFSI"). Their shares were then held by UFSI or by an affiliated entity. 11. USFI was the broker-dealer for those Plaintiffs who did not meet the minimum threshold of cash for TEAM Financial Managers, Inc. to manage their account. Schwab was the broker- dealer for those -Plaintiffs who did meet the minimum threshold of available cash to invest. That minimum threshold was set at $100,000, but apparently was not a fixed or firm amount and would change at the discretion of Lindenberg or others. 12. It is believed and therefore averred that those Plaintiffs with only $100,000 or less to invest were advised variously by Lindenberg, Dailey, DeMuro, and Arbogast to purchase the TEAM FUND with all of their funds. 13. Those Plaintiffs with more than $100,000 to invest were offered a managed discretionary account at Defendant Schwab managed by one of the Team Entities. The decision as to what securities to purchase in the account was determined variously by Lindenberg, Dailey, DeMuro, and Arbogast. Those Plaintiffs with managed accounts were told that a certain percentage of the money managed by Defendants was required to be used to purchase the TEAM FUND in that account. 14. Those Plaintiffs who invested in the TEAM FUND only and who, on the advice of Defendants, purchased their shares from USFI and who had their shares held at USFI, are listed in Exhibit A, which is attached and made a part of this Complaint. 15. Those Plaintiffs who signed an agreement permitting Team Financial Management, Inc. to control a "managed discretionary account" are listed in Exhibit B, which is attached and made a part of this Complaint. 16. Plaintiffs who signed advisory agreements were asked to indicate the level of risk they were willing to take with their investments. Without exception, those Plaintiffs indicated a desire for "moderate" risk. 17. Those Plaintiffs who were invested in the TEAM FUND only were persons of modest means with modest assets who told the Defendants and/or their agents that they were willing to take only moderate risk with their investments. Plaintiffs who had assets less than $100,000 to invest were not offered a managed account nor were they asked to sign an advisory agreement, rather they were only offered the opportunity to purchase the TEAM FUND; typically they were encouraged to invest one hundred percent of the assets they brought to Defendants and/or their agents to invest. If anyone with less than $100,000 did not want to invest in the TEAM FUND, 7 they were told that the Defendants and/or their agents could no longer offer investment advice to them. 18. Defendants and/or their agents operated in the central Pennsylvania region under the name Team Financial Managers as financial advisors and as registered representatives with the broker-dealers Jefferson Pilot and then with Keystone Financial before Lindenberg and Dailey decided to begin their own mutual fund that they named the "TEAM Asset Strategy Fund" (hereinafter "TEAM FUND"). 19 It is believed, and therefore averred, that the fund was offered for sale at the end of 2009 and began operating in January 2010. 20. Many Plaintiffs knew Lindenberg and DeMuro from a time when the two taught an investing class at a local community college. Many of those students, including Plaintiffs, became clients. Plaintiffs considered Lindenberg and DeMuro to be their trusted financial advisors. 21. It is believed, and therefore averred, that Dailey was hired by Lindenberg in or about 2004; that Dailey became the chief strategist and chief architect of the asset allocation employed by Defendants in advising their clients; that Dailey also became the chief strategist for the TEAM FUND which he controlled through TEAM Financial Asset Management LLC (hereinafter "TFAM"), an entity in which he was the sole member. That entity was hired as the official investment advisor to the TEAM FUND. 22. It is believed and therefore averred that beginning sometime in early 2009, Lindenberg and Dailey entered into an arrangement with representatives of Huntington Asset Services, Inc. ("HASI") to bring the TEAM FUND to market. 23. HASI provided a turnkey product to Lindenberg and Dailey where HASI obtained or facilitated obtaining the trustees, officers, legal counsel, compliance and distribution components for the fund. The distribution was provided through Unified Financial Services, Inc. 24. It is believed and therefore averred that sometime in the summer or fall of 2011 Dailey became concerned that a significant market decline was imminent. He decided, and Lindenberg agreed, that the discretionary accounts managed by TEAM Financial Managers, Inc., as well as the TEAM FUND, should be reallocated to take advantage of the market decline. In order to accomplish this, Dailey and Lindenberg purchased investments intended to perform contrary to the general stock market, including leveraged inverselETFs, which they believed would increase in value when the stock market declined. Dailey wanted the TEAM FUND to also reflect this 8 strategy by using various investment vehicles to both hedge against a declining market but also to allow the fund to increase in value when the market declined, as Dailey expected it to do. 25. It is believed that a document was sent to one or more shareholders of the TEAM FUND that purported to describe some of the changes contemplated by Dailey that were likely to greatly increase the risk of the fund beyond that of the then current strategy of the TEAM FUND. 26. However, notably absent from that document was any warning language in large or bold lettering that may have raised a red flag for shareholders. Nor was there notice in the form of a letter which might have indicated in plain English (without wall -street lingo or legalese) that there was to be increased risk and the shareholder should carefully consider whether to continue to hold the fund or to sell the fund. Moreover, that document which was purportedly sent to inform shareholders of "material" changes in the fund that would increase the risk profile of the fund, began by describing in the first paragraph an increase in expenses, not an increase in risk. 27. Moreover, those Plaintiffs who had managed accounts and who had given discretionary authority to Defendants to buy and sell securities as Defendants saw fit ( as long as those investments met the "moderate" risk requirement), received no notice regarding the other investments in their accounts that did not meet the "moderate" risk parameter. Consequently, those Plaintiffs never gave actual or implied consent to the increase in risk of the allocations or investments. 28. It is believed that the documents sent to shareholders were intended to comply with technical rules of the SEC and not to inform shareholders of what the Defendants believed was an increased risk to shareholders. As a result of this inadequate method of notice and distribution, shareholders did not give their informed consent to continue holding the TEAM FUND and/or continue holding the risky securities held in the managed accounts. 29. The disclosures contained in these documents may or may not have complied with the standard of disclosure required by the SEC, but these disclosures did not comply with the disclosure requirements of applicable common law. 30. Importantly, the TEAM FUND and its sponsors, underwriters and managers, as well as the managers of the discretionary accounts, were faced with a major conflict of interest. That is, if the aforesaid entities were successful in warning shareholders of the increased risk associated with their change in strategy, shareholders may have decided to sell their TEAM FUND shares and their other investments which would have caused a loss in revenue for all of the Defendants. 9 Therefore, Defendants and their associates and affiliates had an incentive to minimize and obscure any warnings. 31. Clients with discretionary managed accounts did not receive any warning of the increased risk Defendants were adding to their accounts. 32. The TEAM FUND invested in substantially similar investments as those that were purchased in the managed discretionary accounts of Plaintiffs. 33. Unfortunately for Plaintiffs, the prediction of Dailey and Lindenberg that the broader stock market would decline did not materialize and between mid -2011 and the end of 2013, the managed accounts and the TEAM FUND declined in value while the broader stock market rose in value. For example, the S&P 500 increased in value by approximately 60%, while the TEAM FUND and the managed accounts of Plaintiffs declined by almost the same percentage. In fact, the TEAM FUND declined by approximately 80% between the summer of 2012 and the end of 2013. 34. At various and numerous times during the decline in value of the managed accounts and the TEAM FUND, Plaintiffs asked Defendants for advice as to whether to hold or to sell their investments. Categorically, Plaintiffs were told by Defendants to hold on and that Defendants' strategy would ultimately prevail. 35. Plaintiffs lost a lot of money. In some cases the loss meant putting off retirement. In the case of those who had already retired, it meant worrying whether they would run out of money before they died. 36. Dailey was the chief investment officer and it was his job primarily to direct the strategy of the accounts. He failed to properly allocate the managed discretionary accounts and the TEAM FUND in a manner that was suitable for investors who desired only "moderate risk." It is believed and therefore averred that Dailey believed that the allocations and investments in the managed accounts and in the TEAM FUND were appropriate for all persons of all ages and all financial circumstances. 37. However, Dailey was not alone in his failure to put his clients' interests above his own interests or to recommend only suitable investments to clients. Lindenberg and DeMuro and Arbogast also failed to put their clients' interests above their own interests or to recommend only suitable investments. 38. Moreover, Lindenberg was the President of TEAM Financial Asset Management, LLC and the President of TEAM Financial Managers, Inc., and he was also the designated 10 Compliance Officer of the TEAM FUND. Lindenberg failed to adequately supervise Dailey and the other investment advisors of TFMI and/or TFAM. COUNT I BREACH OF FIDUCIARY DUTY 39. All of the foregoing Paragraphs are incorporated by reference as if fully set forth herein. 40. The relationship between a broker or financial advisor and his/her customer is that of principal and agent and is fiduciary in nature. 41. A broker or financial advisor has a duty to exercise good faith toward his/her customer and to do all in his/her power to protect the customer's account. 42. A broker or financial advisor has a duty to use reasonable efforts to give his/her principal information relevant to the affairs that have been entrusted to him or her. 43. The fiduciary duty includes recommending securities which comply with the needs and objectives of the customer as stated explicitly by the customer, or as is apparent from the customer's investments, and investing history, and financial circumstances. 44. The duty also includes the obligation to provide the customer with complete information about the risks, obligations and costs of any investment, before investing. 45. The duty also includes the obligation to keep the principal informed regarding changes in the market which affect a customer's interests and to act responsively to protect those interests. 46. As previously discussed herein, Defendants all breached their fiduciary duty to Plaintiffs by failing to inform Plaintiffs of the manner in which the discretionary accounts and the TEAM FUND would be managed, and by failing to ensure that the TEAM FUND was only sold to investors for whom the TEAM FUND was suitable and that the discretionary accounts held only securities and investment allocations suitable for investors with a "moderate" appetite for risk. 47. Each of the Plaintiffs with a managed account signed an agreement with TEAM Financial Managers, Inc. (TFMI) giving TFMI the authority and discretion to buy and sell securities without consulting the Plaintiffs. 48. Defendants breached their duty to Plaintiffs by failing to put the Plaintiffs' interests ahead of their own. 49. Defendants had a duty of care to Plaintiffs and Defendants breached that duty. 50. Defendants knew or should have known of the high risk of harm to Plaintiffs. 11 51. Defendants' conduct was highly unreasonable. 52. Defendants' acts and/or omissions were the cause in fact and the proximate cause of the harm to Plaintiffs. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendants, jointly and severally, in an amount in excess of $50,000 plus punitive and treble damages, plus interest, costs of suit, and attorneys' fees as allowed by law, plus such other relief as this court deems appropriate. COUNT II VIOLATION OF PA STATE SECURITIES ACT 53. All of the foregoing Paragraphs are incorporated by reference as if fully set forth herein. 54. The conduct of, TFMI, TFAM, Lindenberg, Dailey and DeMuro constituted a violation of Section 401 (a) of the Pennsylvania Securities Act in that they, directly and/or indirectly, in connection with the recommendation, purchase and/or sale of securities for and/or on behalf of Plaintiffs, employed devices, schemes and/or artifices to defraud. 55. The conduct of TFMI, TFAM, Lindenberg, Dailey, and DeMuro constituted a violation of Section 401 (b) of the Pennsylvania Securities Act in that they, directly and/or indirectly, in connection with the recommendation, purchase and/or sale of securities for and/or on behalf of Plaintiffs, made untrue statements of material facts and/or omitted to state material facts necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading. 56. The conduct of TFMI, TFAM, Lindenberg, Dailey, and DeMuro constituted a violation of Section 401 (c) of the Pennsylvania Securities Act in that it, directly and/or indirectly, in connection with the recommendation, purchase and/or sale of securities for and/or on behalf of Plaintiffs, engaged in acts, practices and/or courses of business which operated as a fraud and/or deceit. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendants, jointly and severally, in an amount in excess of $50,000 plus punitive and treble damages, plus interest, costs of suit, and attorneys' fees as allowed by law, plus such other relief as this court deems appropriate. 12 COUNT III MISREPRESENTATIONS AND OMISSIONS 57. All of the foregoing Paragraphs are incorporated by reference as if fully set forth herein. 58. Investment advisors will be held responsible for misrepresenting material facts, or failing to disclose material facts, to their customers. Defendants failed to disclose, among other facts, that the investments selected by TMFI and TFAM and their employees, agents, and representatives were not consistent with Plaintiffs' investment objectives and that Plaintiffs' accounts would not be managed appropriately for investors desiring moderate risk. 59. Further, Defendants failed to disclose material facts when Defendants failed to inform Plaintiffs of the unsuitable risk to principal caused by the type of securities TMFI and TFAM and their representatives recommended, and caused by the recommended asset allocation and investment strategy that TFMI and TFAM and their representatives recommended. 60. Defendants failed to disclose that the investment strategy employed by TFMI and TFAM and their employees, agents, and representatives was not likely to provide the income and protection of principal that Plaintiffs expected and that TFMI and TFAM and their employees, agents, and representatives had promised Plaintiffs. As a direct result of Defendants' omissions, Plaintiffs have suffered damages, the exact amount to be determined at the hearing in this matter. 61. Defendants failed to adequately disclose that at some time in 2011, TFMI and TFAM and their employees, agents, and representatives increased the risk in the portfolio of the TEAM FUND and in the portfolio of the managed accounts. 62. Defendants TFAM and TFMI are responsible for their own failure to disclose material facts as well as being responsible for the failures of Lindenberg, Dailey, DeMuro and Arbogast to disclose. 63. Defendants had a duty of care to Plaintiffs and Defendants breached that duty. 64. Defendants knew or should have known of the high risk of harm to Plaintiffs. 65. Defendants' conduct was highly unreasonable. 66. Defendants' acts and/or omissions were the cause in fact and the proximate cause of the harm to Plaintiffs. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendants, jointly and severally, in an amount in excess of $50,000 plus 13 punitive and treble damages, plus interest, costs of suit, and attorneys' fees as allowed by law, plus such other relief as this court deems appropriate. COUNT IV VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 67. All of the foregoing Paragraphs are incorporated by reference as if fully set forth herein. 68. The Pennsylvania Unfair Trade Practices and Consumer Protection Law (hereinafter "UTPCPL") declares it to be unlawful to engage in unfair methods of competition or certain acts or practices in the conduct of any trade or commerce specifically addressed in the Act. Furthermore, the UTPCPL defines as an unfair method of competition, any conduct which creates a likelihood of confusion or misunderstanding. 69. The securities that the Defendants sold to investors and the investment allocations they established, were not suitable and, therefore, the services and securities provided by Defendant were misleading, confusing, and led to misunderstanding on the part of the Plaintiffs. 70. Further, the failure of Defendants to adequately warn and serve notice of the change in strategy of the TEAM FUND in or about the Fall of 2011 was a material omission which caused misunderstanding and confusion to the Plaintiffs. This lead to the Plaintiffs not being given the choice of selling the TEAM FUND shares or holding them. 71. As such, Defendants engaged in a course of conduct which created the likelihood of misunderstanding or confusion in violation of the UTPCPL causing Plaintiffs substantial damage. 72. Pennsylvania Courts have held that the Unfair Trade Practices and Consumer Protection Law is applicable to services provided for securities transactions, including its provisions for attorney's fees and treble damages upon a finding of "reckless indifference." 73. Even if the conduct of Defendants and their agents was not intentional, at a minimum their conduct amounted to "reckless indifference" to the consequences of their actions upon the Plaintiffs. Defendant's failure to take adequate measures to prevent this foreseeable result rises to the level of "reckless indifference." 74. The Pennsylvania Unfair Trade Practices and Consumer Protection law specifically provides for the imposition of treble damages upon a finding of "reckless indifference." If that 14 level of culpability is found, then Defendant is liable to Plaintiffs in the amount of three times their actual losses, plus attorney's fees, and costs of the action. 75. Defendants had a duty of care to Plaintiffs and Defendants breached that duty. 76. Defendants knew or should have known of the high risk of harm to Plaintiffs. 77. Defendants' conduct was highly unreasonable. 78. Defendants' acts and/or omissions were the cause in fact and the proximate cause of the harm to Plaintiffs. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendants, jointly and severally, in an amount in excess of $50,000 plus punitive and treble damages, plus interest, costs of suit, and attorneys' fees as allowed by law, plus such other relief as this court deems appropriate. COUNT V FAILURE TO SUPERVISE 79. All of the foregoing Paragraphs are incorporated by reference as if fully set forth herein. 80. During the time Plaintiffs' account were maintained with Defendants, TFMI and TFAM and their employees, agents and representatives committed numerous wrongful acts which are described herein. Also, the Defendants were not properly supervising their agents and failed to prevent the improper conduct. 81 Under the circumstances described herein, the Defendants, TFMI and TFAM, are liable for failing to properly supervise their employees, agents and representatives and are, therefore, directly liable for the resulting damages. 82. Defendants had a duty of care to Plaintiffs and Defendants breached that duty. 83. Defendants knew or should have known of the high risk of harm to Plaintiffs. 84. Defendants' conduct was highly unreasonable. 85. Defendants' acts and/or omissions were the cause in fact and the proximate cause of the harm to Plaintiffs. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendants, jointly and severally, in an amount in excess of $50,000 plus 15 punitive and treble damages, plus interest, costs of suit, and attorneys' fees as allowed by law, plus such other relief as this court deems appropriate. COUNT VI SECONDARY/VICARIOUS LIABILITY 86. All of the foregoing Paragraphs are incorporated by reference as if fully set forth herein. 87. Defendants TFMI and TFAM are jointly and severally vicariously liable for the wrongful acts of their agents, employees, and representatives committed during the scope of their employment or agency, including, but not limited to, wrongful acts committed by Lindenberg, Dailey, DeMuro, and Arbogast, whether those agents were W2 employees or independent contractors. 88. Under the common law, Defendants TFMI and TFAM had the duty to supervise their employees, agents, and representatives and are vicariously liable for the wrongful acts of their employees, agents, and representatives. 89. Defendants had a duty of care to Plaintiffs and Defendants breached that duty. 90. Defendants knew or should have known of the high risk of harm to Plaintiffs. 91. Defendants' conduct was highly unreasonable. 92., Defendants' acts and/or omissions were the cause in fact and the proximate cause of the harm to Plaintiffs. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendants, jointly and severally, in an amount in excess of $50,000 plus punitive and treble damages, plus interest, costs of suit, and attorneys' fees as allowed by law, plus such other relief as this court deems appropriate. COUNT VII FAILURE TO WARN 93. All of the foregoing Paragraphs are incorporated by reference as if fully set forth herein. 94. Both in 2009-2010 when the TEAM FUND was brought to the market, and in 2011-2012 when the managers of the TEAM FUND purported to inform and warn Plaintiffs that the fund was going to become more risky, the warnings were so inadequate as to be non-existent. 16 95. Courts have held that in order for the "bespeaks caution" doctrine to apply, the cautionary language must not be "boilerplate" and must not be "buried among too many other things." Salzberg et al v. TM Sterling/Austin Associates Ltd., et al., 45 F.3d 399, 400 (11th Cir., 1995). The cautionary language must be "explicit, repetitive and linked to the projections about which plaintiffs complain." Id. Warnings of generalized risks are insufficient to trigger the doctrine. Klein v. Foirst Western Government Securities, Inc., 24 F.3d 480, 489 (3rd Cir. 1994). "Blanket warnings that securities involve a high degree of risk [are] insufficient to ward against a federal securities fraud claim." Provenz v. Miller, 102 F.3d. 96. The prospectus must state the warning or disclaimer in terms that are understandable to an unsophisticated investor. In re Donald J. Trump Casino Securities Litigation, 7 F.3d 357, 371 (3rd Cir. 1993). "If it would take a financial analyst to spot the tension between the one and the other, whatever is misleading will remain materially so, and liability should follow." Id. 1478, 1493 (9th Cir. 1996). Id. 97. Defendants knew or should have known that the Plaintiffs would not have understood the warnings even if there had been some actual warning to Plaintiffs instead of words camouflaged in boilerplate language of the prospectuses and the supplements. 98. Moreover, Defendants knew that approximately 60% of the shareholders of the TEAM FUND had given discretionary authority to TFMI and TFAM and they knew that TFMI and TFAM had a serious conflict of interest, i.e., if the shareholders of TEAM FUND were to sell, the TEAM FUND would suffer a loss of assets under management and would possibly fail. 99. Defendants had a duty of care to Plaintiffs and Defendants breached that duty. 100. Defendants knew or should have known of the high risk of harm to Plaintiffs. 101. Defendants' conduct was highly unreasonable. 102. Defendants' acts and/or omissions were the cause in fact and the proximate cause of the harm to Plaintiffs. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendants, jointly and severally, in an amount in excess of $50,000 plus 17 punitive and treble damages, plus interest, costs of suit, and attorneys' fees as allowed by law, plus such other relief as this court deems appropriate. Dated: January 9, 2015 By: 18 Respectfully submitted, PECHT: SSOC , T. , PC Rob Bl- -c""', squire Atto y I.D. No. 32594 650 orth Twelfth Street, Suite 100 Lemoyne, PA 17043 717-691-9809 rbleecher@pechtlaw.com Attorney for Plaintiffs Clients whose shares of Team Asset Strategy Fund were held by Unified Financial Securities, Inc. and who did not have any account with Schwab & Company Aungst, Mary F. Collare, Todd and Sue Graft, Timothy J. and Susan C. Grebas, Robert S. Kolva, Deborah Krebs, Sharon E. Kurtz, Ronald W. & Merry A. Miller, Bradley S. Schott, Robert Shover, Brian D. & Pamela A. Van Vorst, Robert and Christina Yingling, Jeffrey A. and Nicole M. ATTACHMENT "A Clients whose securities, including the Team Asset Strategy Fund, were held in an account at Schwab & Co. Alicea, Ferdinand and Niki J. Benner, Richard E. and Darlene M. Bowser, John B. and Barbara L. Brodie, Stephen P. and Gretchen G. Conrad, Marian M. Cosgriff, Robert F. and Judith S. Durgin, Carol P. Feger, Donald V. and Darlene M. Grant, Jeffrey and Susan B. Krisch, Richard E. and M. Deanne Lentz, Frank and Cheryl Lentz, Robert H. III and Linda G. Leonard, Stephen M. and Kathleen M. McGarvey, Frederick J. and Barbara G. Myers, Wayne C. and Jane G. Neuhauser, Bruce D. and Linda J. Pennington, Carol F. Randby, Linda ATTACHMENT "B" 1 of 2 Rast, Terry P. and Robyne G. Reiersen, John E. and Annette L.Robyak, Joseph A. and Janet L. Schankweiler, Robert D. and Karen G. Schwalm, Ronald L. and Mary Lou Selz, Robert E. and Judith L. VanVorst, Robert and Christina Wascovich, Wayne P. and Patricia A. Washic, Thomas E. and Elizabeth L. Wohlfarth, Margaret c/o VickieBucher, POA ATTACHMENT "B" 2 of 2 VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. (Print Name) .e --j6(/ (Signature) Dated: l� 6) to., 61 VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. fJ((J(/ d . ITII C'Ppi (Print Name) Dated: 14-15 002 7176956550 01-06 23:36PM 0000" ECM 000/001 No Answer VERIFICATION, The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1 -6- is (Print Name A LA-A)7s4 VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification: to authorities. Dated: (Print Name) (Signature) VERIFICATION The undersigned Verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of:my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Drleie, M , (Print Name) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 13#614A4 L, )34ws E;` Jdt,Ii)3, i cu Ik. (Print Name) (Signature) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. (Print Name) (Signature) Dated: 11'2115 VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Crr. tom„ 1S f f>Cit'e._. (Print Name) Dated: VERIFICATION Theundersigned verifies that the averments. contained in the foregoing Complaint that pertain to rrie are true and wired to the best of thy knowledge; information, and belief. Further, am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. CS: Section 4904, relating to unsworn falsification to anthoritics. a 0 re 77A/ C//f/ (Print Napie) (Signature) Dated: VERIFICATION. The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my .knowledge,information, and belief Further, I am aware that any false statements that are made herein are made subjec t to the penalties df 18 Pa. C.S. Section 4904, relating to:unsworn 'falsification to authorities. Bated: 2:..,20/ 3u$'V I col/a- (Print Name) (Signature) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1/ 3/ /$ Mavi&vs, (Print Name) M. ea,„-rca (Signature) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. A/AY/7:- (-0:-g "7(12 (Pri ame) (Signature) we3 VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: (Print Name) Signature) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that , pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: avbis 1-W1/4,9 er (Print Name) VERIFICATION. The undersigned verifies that the averments contained in the_ foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section.4904, relating to unswom falsification to authorities. Dated: 01 aR goiG Lgilribe 9). (Print Name) -ibstidna (Signature) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 4 1 //26/ 3r /°/0'!oX197 CRA F7- (Print =i(Print Name) d lII (Signature) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. (Print Name) (Signature) Dated: j.ex-,<, ,,� I, a6/5: VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief Further, I am aware that any false statements that are made herein are made subject to the penalties of 1$. Pa. C.S. Section 4904, relating to unsworn falsification to authorities.. S' v\-6 GI -cwt.& (Print Name) Dated: I /5 VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. (Print Name) (Signature) Dated: VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: bei,arc- , )o (rl. (Print Name) 1/41)e.@,ena-V rCeeiat- (Signature) YE' - CATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa, C.S. Section 4904, relating to unsworn falsification to authorities. Intel: —. VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 01 /0 1 � G c 14A-RAi S (Print Name) (S ature) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ) 4 / 5 .1-)eck_1\(\c,- Kr/. (Print Name) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: o 2.691S`� Ponwlit) y z (Print Name) W( e. r,' , VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: /71/ 6""-- g0.0-0-71 LEAFR- `-- 00-0-7"R- (rim Dame) (Signature) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: l J AriR 6. LE (Jr (Print Name) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification, to authorities. (Print Name) (Signature) u e) Dated: - /. V VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that. pertain to me are true and correct to the best of my knowledge, information, and belief Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: (Print Name) VERIFICATION The undersigned vermes that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: E ?'r')or ig 7, (Print Name) i ( ry l VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 61-0.01te-V S. (Print Name) Dated: -5 -0.o is VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: t WA -NE- C Jr,oe. 6 iNAN/P-Z.S VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are trueand correct to the best of my knowledge, information, and belief. Further, I am aware thatany false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 113 IS jet (Print Name) Aitti12\ /40.1 (Signature) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to -the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S: Section 4904, relating to unsworn falsification to -authorities. 144 ,\16w ha (Print Name) Dated: 3 %� VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. r• i OL (-inlA/ 16-mA) (Print Name) Dated: L).�—Ci, SJ) 2/yl VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. J u ioA fANDe y (Print Name) Dated: 1 ' ' 15 VERIFICATION The undersigned verifies that the averments -contained in the foregoing Complaint thai tain to me are true and, correct to the best of my knowledge, infermation, and belief. Furth n aware that any falsestatements that a.re made herein are made subject to the penalties of C.S. Section 4904, relatingm unsworn falsification to authorities. 1,41 eseN ted: 5C 15' 1 , Ke-Lers.-cn VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 105 "'h0� Ob 4/r ;-17i-7-e //ij%/ VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. (Print Name) 1< (Signature) Dated: /�//1,1 VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. (Print Name) Dated: 1 c7 ,v. 24/5 VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. /1*(2 1 Io(& 6c1wa Lv✓t Rb U! LD 5c Hw�i-M (Print Name) o -y et (Signature) Dated: ) - Z- 15 VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: I/a211-oIS (Print Name) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: / / /2i 0- . F%,fN V S ,k ©•/e2 you rl e( at_ 4 S k ©v.e,c Print Name) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C S. Section 4904, relating to unsworn falsification to authorities. ell— Vael V;r5-7- 6 kr- (Print - (Print Name Dated: Iftfif AV -67 ,7‘1/ /1) ignature) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa: C.S. Section 4904, relating to unsworn falsification to authorities. A--///...c-Cezz/c4/ Dated: /. (Signature) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further. I am aware that any false statements that are made herein are made subject to the penalties of It Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: (Pt Name) \i‘ory\-t (Signature) VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. YtCkie /4. Bi,�(� ��', A (Print Name) Ma9cu- -, U,okip jod,,L, Q- io&Ctie/L-- (Signature) Dated: l— 9—lJ- VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: /51 C (Print Name) (Signa VERIFICATION The undersigned verifies that the averments contained in the foregoing Complaint that pertain to me are true and correct to the best of my knowledge, information, and belief. Further, I am aware that any false statements that are made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Nic,ott litI f\lii\J (Print Name) ,--yttot (Signature) Dated: I igii0.1S— d CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, hereby certify that on this day I have served a true and correct copy of the Complaint upon the following by first class mail addressed as follows: Joel I. Fishbein, Esquire Litchfield Cavo LLP 1515 Market Street, Suite 1130 Philadelphia, PA 19102-1903 Attorney for Defendants Dated: January 9, 2015 Rob Ble'.� - , quire 19