April 29, 2015
Representing the defendants:
Mr. John M. “Jack” Quinn, Esq.
Ethridge, Quinn, Kemp, McAuliffe, Rowan & Hartinger
100 North Court Street
Frederick, Maryland 21701
SERVED BY HAND TO THE LAW OFFICES OF ETHRIDGE, QUINN, KEMP, MCAULIFFE, ROWAN & HARTINGER ON APRIL 29, 2015
THIS CONSTRUCTIVE NOTICE IS DELIVERED PURSUANT TO
THE UNIFORM COMMERCIAL CODE OF THE STATE OF MARYLAND
IF THIS AFFIDAVIT IS NOT PROPERLY REBUTTED WITH A COUNTER-AFFIDAVIT WITHIN FORTY FIVE (45) CALENDAR DAYS FROM THE DATE OF SERVICE, ALL PARAGRAPHS NOT DENIED SHALL BE CONFESSED AFFIRMED, BY SUCH DEFAULT, AND SHALL BE ACCEPTED AS DISPOSITIVE, CONCLUSIVE FACTS, BY THE COMMUNITY FOUNDATION OF FREDERICK COUNTY (CFFC) AND EACH OF THE INDIVIDUAL NAMED DEFENDANTS. WHEREIN THE COMMUNITY FOUNDATION OF FREDERICK COUNTY (CFFC) AND EACH OF THE INDIVIDUAL NAMED DEFENDANTS, AND THE LAW FIRM OF ETHRIDGE, QUINN, MCAULIFFE, ROWAN AND HARTINGER REPRESENTING BOTH CFFC AND/OR THE INDIVIDUAL NAMED DEFENDANTS IN THIS MATTER OR ANY OTHER PROPERLY DELEGATED AUTHORITY HAVE BEEN GIVEN NOTICE AND HAD THE OPPORTUNITY AND “FAILED TO PLEAD.” ALL COUNTER-AFFIDAVITS MUST BE SIGNED WITH THE VALID LEGAL NAME OF THE CFFC AND OR THE INDIVUAL NAMED DEFENDANTS AS RESPONDENTS. FICTITIOUS OR INCOMPLETE NAMES OF RESPONDENTS, OR THOSE NOT CONTAINING COMPLETE LEGAL FIRST, MIDDLE, AND LAST NAMES, AND AN ORIGINAL SIGNATURE, SHALL NOT CONSTITUTE A VALID RESPONSE BECAUSE IT IS CONSIDERED NOT PROPERLY AUTHENTICATED.
Affiant: John H. Hnatio
This Affidavit and all referenced documents have been made a part of the Public Record and will be used for evidence in the administrative and judicial proceedings at law, or equity regarding this case. All of these documents are maintained in Affiant’s Administrative File. This Affidavit of Truth and exhibits are publicly posted on the John Galt Program of Investigative Studies web site at (http://jgpis.org/) for further public notice and to provide the Community Foundation of Frederick County (CFFC) and each of the individual named defendants with the opportunity to rebut each of the following twenty-five (25) claims appearing below.
Affidavit of Truth
- CFFC is a 501 c 3 corporation operating pursuant to the Internal Revenue Service (IRS) tax code under employer identification number EIN 52-1488711. [EXHIBIT 1]
- The CFFC is a grant funding authority operating under the Maryland Solicitations Act, in the United States of America. [EXHIBIT 2]
- The CFFC maintains offices of business at 312 East Church Street, Frederick, MD 21701.
- The CFFC agrees to provide expert services to members of the community consisting of obtaining grant funds, fielding inquiries as to the availability of grant funds, reviewing applications for grant funds and awarding grant funds. [EXHIBIT 3]
- Members of the Frederick community use these CFFC services in the hopes of receiving grants to support charitable causes.
- CFFC has a dedicated web site agreeing to provide these same services to members of the public. [EXHIBIT 3]
- The services described at the CFFC corporate web site are provided under the obligations of good faith and performance. [EXHIBIT 3]
- On January 9, 2015, JOHN H. HNATIO wrote an e-mail to Tonyia Miller, Executive Assistant, CFFC, inquiring about the availability of grant funding for a school safety project. [EXHIBIT 4]
- On or about the same date, JOHN H. HNATIO telephoned Ms. Gayle Sutch, Director of Donor Services, CFFC, and left a voice message.
- On January 12, 2015, Ms. Gayle Sutch, Director of Donor Services, CFFC wrote an unsolicited e-mail to Ms. Ann Bonitatibus, Chief Operating Officer of the Frederick County Public School System (FCPS). [EXHIBIT 5]
- The January 12, 2015, e-mail from Ms. Sutch to Ms. Bonitatibus states, “We have pretty good instincts about inquiries [like JOHN H. HNATIO’s] and this one raised a lot of red flags (aside for [sic] the typos in the email).” [EXHIBIT 5]
- Sutch’s January 12, 2015, e-mail to Ms. Bonitatibus also states, “This person [JOHN H. HNATIO] also left a voice mail for me and in the voicemail implied that they are currently working with FCPS on school safety training for staff. The email does not imply this…”[EXHIBIT 5]
- On February 25, 2015, JOHN H. HNATIO met with FCPS employees, Messrs. Cornwell and Mr. Seymour. [EXHIBIT 6]
- During that meeting, Mr. Cornwell brought up an e-mail he received and asked JOHN H. HNATIO why he was claiming that he was working with FCPS when this was not true. [EXHIBIT 6]
- On February 26, 2015, JOHN H. HNATIO wrote an e-mail to Ms. Betsy Day, President of CFFC, requesting a copy of an e-mail possibly referenced by Mr. Cornwell during the meeting with HNATIO on February 25, 2015. [EXHIBIT 7]
- On February 26, 2015, Ms. Betsy Day, President of CFFC responded to JOHN H. HNATIO, “I have done some checking, and there has been no email correspondence between our office and Cliff Cornwell.” [EXHIBIT 8]
- In a March 3, 2015, e-mail to JOHN H. HNATIO Mr. Cornwell confirmed, “…as I said in our conversations [we received an e-mail], check [ing] to see if we (FCPS) were working with your organization and references a voice mail from you implying we were.” [EXHIBIT 9]
- On March 16, 2015, FCPS provided JOHN H. HNATIO with a copy of Ms. Gayle Sutch’s, Director of Donor Services, CFFC, e-mail to Ms. Ann Bonitatibus, Chief Operating Officer of FCPS dated January 12, 2015. [EXHIBIT 10]
- On March 18, 2015, JOHN H. HNATIO wrote an e-mail to Ms. Betsy Day, President, CFFC, requesting a copy of the voice mail tape where HNATIO allegedly implied that he had a business relationship with FCPS and cautioning against the spoliation of evidence by destroying the taped voicemail. Day did not respond. [EXHIBIT 11]
- In the same e-mail of March 18, 2015, JOHN H. HNATIO asked for a list and description of each of the “red flags” referred to by the Community Foundation of Frederick County in their January 12, 2015, e-mail to FCPS. Day did not respond. [EXHIBIT 11]
- On March 18, 2015, JOHN H. HNATIO received a letter from the law firm Ethridge, Quinn, McAuliffe, Rowan and Hartinger signed by Mr. Jack Quinn, Esq., stating, “The undersigned represents the Community Foundation. I’ve reviewed your communications, and your accusations and threats are baseless and quite frankly silly… Your threatening communications will no longer be tolerated… the Foundation will no longer engage in further dialogue regarding the events described in your recent emails.” [EXHIBIT 12]
- On March 18, 2015, JOHN H. HNATIO wrote a letter to Mr. Jack Quinn, Esq. suggesting that CFFC write a letter of apology that HNATIO could publish to undo some of the damage done by CFFC to his reputation. Quinn did not respond. [EXHIBIT 13]
- On March 23, 2015, JOHN H. HNATIO wrote a letter to Ms. Betsy Day, President, CFFC requesting an apology that HNATIO could publish to undo some of the damage done to his reputation by CFFC. Day did not respond. [EXHIBIT 14]
- On March 29, 2015, JOHN H. HNATIO wrote separate letters to Ms. Cynthia Palmer, Chairwoman and all other members of the CFFC Board of Directors requesting an apology that HNATIO could publish to undo some of the damage done to his reputation by CFFC. Neither Ms. Palmer nor any other member of the CFFC Board responded. [EXHIBIT 15]
- On March 30, 2015, JOHN H. HNATIO received an e-mail from Ms. Cynthia Palmer Chairwoman of the CFFC Board of Directors stating, “For the sake of efficiency and consolidating our efforts, it is best that all correspondence regarding the Community Foundation is handled by and through Mr. Quinn’s office.” [EXHIBIT 16]
I solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of the foregoing paper are true.
//Original signed and witnessed//
John H. Hnatio
County of: Frederick
State of: Maryland
Witnesseth the above signatures affixed to this document on this day of April 29, 2015
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