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1. ~II COURT or COMMO. PLIAS or
CUJlBIRLAIID COUltTY
"AlIDA LOY, I CIVIL ACTIO. - LA"
I 110 . 'lI.., Jut.. 'I Ct.vd T~.........
p1alDUff I
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DAVID LID, I
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DefeDdaDt I JURY TRIAL DZKAHDID
COMPLAIHT
INTRODUCTORY STATEMlHT
This is an action brought by the plaintiff in the Court of
Common Pleas of Cumberland County to recover damages for the
intentional infliction of mental distress, defamation, and for
assault. The defen~ant in this action is David Linn and plaintiff
seeks compensation in the form of money damages.
PARTIES
1.) The plaintiff, Wanda Loy, is a resident of Cumberland
County, Pennsylvania with a current address of 107 N. Hanover
Street, Carlisle, Cumberland County, Pennsylvania 17013.
2.) The defendant David Linn is a Cumberland County resident
with a current address at 218 E. King Street, Shippensburg,
Pennsylvania 17257.
OPERATIVE FACTS
3.) The defendant Linn and the plaintiff Loy are bURiness
partners and co. owners of a liquor license and an establishment
named "Blondie's" in Carlisle, Pennsylvania.
4 . ) The plaintiff, Wanda Loy, is a petite, small woman
approximately 5'0" tall.
5.) The defendant, David Linn, is an imposing, musoular man
of strong build.
6.) The defendant David Linn on a number of different
oooasions has physioally assaulted the plaintiff, has threatened
her with bodily harm and has berated and insulted her in front of
friends and oustomers at their jointly owned business.
7. ) These threats and v.iolenoe ooourred over a period of
years with many oocurring during the pllst year.
8.) The defendant David Linn on F3bruary 18, 1996 pointed a
gun at the plaintiff and threatened to shoot her.
9.) On or about May 23, 1996, at approximately 2105 a.m. the
plaintiff, Wanda Loy was doing the daily closing transactions at
her plaoe of business (jointly owned with defendant Linn) when he
and a friend arrived.
10.) The defendant began shouting obscenities at plaintiff
and came at her raising his hand to strike her, and oausing her to
shrink back in fear of physical assault.
11.) During this altercation, Kristin Pugh, an employee who
was assisting with the closing procedures, witnessed the assault
and heard defendant David Linn using abusive, obscene language to
berate and demean the plaintiff. Ms. Pugh called the Carlisle
Police Department out of fear for plaintiff's safety.
12.) The defendant David Linn in front of third persons, some
of whom were employees, friends, and patrons, has called the
plaintiff a whore, and aocused plaintiff of having intercourse with
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the entire CarliBle polioe foroe aB well ae performing Bexual aotB
inoluding "euoking the oookB of all of the JudgeB in the Carlble
Courthouse", on a number of ocoaBionB. See llxhibit "A" attached
hereto which iB the Btatement of KriBtin A. Pugh.
13. ) The defendant Linn, in front of many witneBses and
customers at different timeB hllB alBo acouBed the plaintiff of
being A thief.
14.) The defendant Linn haB accuBed the plaintiff of being a
thief in association with Mellon Bank and he has alBo accuBed
employeeB of that bank of being thieveB.
15.) The defendant at different times, with attendant threatB
to the plaintiff, haB emptied the caBh register drawer at the place
of bUBineBs they Bhare and haB taken thouBandB of dollarB over the
last two yearB.
16.) The defendant half within the last two yearB, on a number
of occaBions in front of witnesses, while ridiculing and
intimidating the plaintiff accused her of "fucking Mike, Curt and
Mark" the aforementioned being police offJ.cers who work in the area
of the parties' business eBtablishment in Carlisle from time to
time.
17.) On one occasion, on or about April 18, 1996, the
defendant Linn in front of the customers and employeeB of the
plaintiff, falBely commented to plaintiff "remember when I fucked
you up the ass". ThiB being done to insult and humiliate the
plaintiff and at different times the defendant Linn would make
comments in front of people like "you're fucking the cops Ilnd
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you're a whore". On other ocoasions the defendant hae berated
plaintiff's efforts to work and be oonstruotive in her business.
18. ) At no time hn the plaintiff ever beon intimately
involved with polioo offioers and plaintiff is disoreet and private
about her personal relationships and plaintiff furthermore
oompletely denies the aforementioned allegations of sexual behavior
whi.oh defendant made in front of third persons in his efforts to
intjmidate, frighten, insult and humiliate the plaintiff.
19.) None of the aforementioned oonunents, insultlJ, and
aoousations made by the defendant are, or ever have been, true.
20.) The defendant has engaged in a oourse of oonduot to
inolude assault with a deadly weapon, physioal abuse oonsisting of
ohoking, pushing, shoving and striking the plaintiff in an effort
to harass and intimidate the plaintiff out of her businees
relationship, and defendant has also attempted to intimidate the
plaintiff out of a oruel and vindictive personal motive void of
reason or conunon sense.
21.) As a result of the defendant's course of conduct which
has been designed to harass and intimidate the plaintiff, she has
been made ill and fearful, and she has been made to feel insecure
in her person and suffered severe and significant mental trauma and
strain.
22.) As a result of the defendant's description and
publication of private facts, and his dishonest and inaccurate
descriptions of sexual activities by plaintiff which never occurred
and his assaults and threats and aocusations of financial
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misconduct, the plaintiff has been emotionally traumatized,
physically debilitated, she has b~en ridiculed, and her reputation
demeaned and her self esteem lowered by an almost endless litany of
threats, insults, and humiliation.
COWT I
'lB. PLAINTIFF AGAINST TBS D.FSNDABT FOR TBI
INT.NTIONAL INFLICTION OP MlNTAL DI8TRl88
23.) Paragraphs 1 through 22 above are incorporated by
reference herein.
24. ) The defendant Linn at different times made violent
physical contact with the plaintiff intending to harm, injure,
intimidate and harass her.
25. ) The defendant Linn has pointed a gun at plaintiff's face
and chest at close range and threatened plaintiff with death, and
he has choked her., struck her, and threatened her on numerou.
occasions.
26.) As a result of dehndant Linn's oonduct, he has been
charged with oriminal conduot by the police and his pistol permit
has been removed.
27.) As a result of defendant Linn's physical oonduot with
the plaintiff and his almost endless litany of insults, threatening
tirades, and accusations of criminal misconduct, the defendant has
chosen a course of conduct designed to induce, and he has in fact
caused, great mental stress and pain to the plaintiff including
deep and painful emotional distress.
28. ) As a result of the defendant's intentional course of
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misconduct, in harassing and threatening the plaintiff, the
plaintiff has been made ill and has suffered severe depression and
anxiety.
KB."PORl, the plaintiff demands of the defendant David Linn
a sum in excess of $25,000.00 for the intentional infliction of
mental distress together with fees, costs, and such other relief as
the Court may deem appropriate.
<;OUHT II
THI PLAINTIPP AGAINST THI DIPINDAHT
fOR DIFAMATION
29. ) Paragraphs 1 through 38 above are incorporated by
reference herein.
30.) The defendant Linn has openly and publicly called the
defendant a whore, And has falsely made charges of sexual conduct
and sexual activities by the plaintiff whi.ch are totally falae and
without merit all within the last year.
31.) The defendant Linn has openly and publicly accused the
plaintiff of stealing money and mismanaging finances at their place
of business, all of which are totally false and without merit.
KBIUPORll, the plaintiff Wanda Loy demands judgment of the
defendant David Linn in a sum exceeding $25,000.00 for defamation,
together with attorneys fees, costs, and such other relief as the
Court may deem appropriate.
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COUlf'l' ill
'I'll PLAI..,lrr "AMDA LaY AGAINST THI Dlrl.DAHT DAVID LIIK
POR ASSAULT
32. ) Paragraphs 1 through 31 above are incorporated by
reference herein.
33.) The defendant Linn on or about February 1996 was charged
by the police with aiming a loaded pistol at plaintiff's face and
chest from a few feet away, and threatening plaintiff, thereby
committing an assault upon the plaintiff inducing great anxiety and
fear in the plaintiff. As a result the defendant was aharged with
violations of penneylvania's criminal statutes i.8. harassment, and
accordingly his pistol permit was taken from him by the Cumberland
County Sheriff.
34.) As recent as May 23, 1996, the defendant Linn, whilo
using loud abusive language, bodily came into close ~roximity to
the plaintiff while raising his hand in a threatening manner as if
to strike the plaintiff, causing the plaintiff to suffer grellt
anxiety and fear. The police were summoned as a result of this
altercation and the defendant was taken outside of the premises.
NBI..rORl, the plaintiff Wanda Loy demands judgment of the
defendant David Linn in a sum exceeding $25,000.00 for assault,
together with attorneys fees, costs, and such other relief as the
Court may deem appropriate.
7
Tot
..rom:
Office of Attorney Don Bailey
Kristin A. Pugh
55 Marilyn Dr.
Carlisle, PA 17013
(717) 250-5650
This il a statement requested by your office in complaint of
David Lin for May 24, 1996.
On Thursday, May 23, at 12r15 AM, I received a call from Wanda
Loy at my job. She laid she had called the bar from her home to
talk to the bartender, Daron Simmons. Dave had grabbed the phone
from Daron and told Wanda he aa going to "kick her aaa tonight".
She told me she would be returning to the bar around 12150 AM. I
called the Carlisle Police around 12:30 AM. I left a mealage for
Officer Dave Smith to go hy the har around 12:50, to check on the
situetion for Wanda's safety.
1 srrlved at Blondie's Inn at 1:15 AM, to discover that Wanda
had stopped by th~ station to make a complaint before returning to
the bar. She was offered a polIce escort, but refused, saying she
would call If she needed them.
When I arrived Wanda was sitting at the bar doing food orders.
Dave was at the other end of the bar.
At 2105 AM he got himself and a guy named Barry beers. He
told Wanda "all I want ia a check and I'm out of here. I want to
Open my own bar". He accused her of atealing all the money three
times. He criticiuld Jason Bolan and mllde slanderous comment I
towarda his father. He told Jason to leave five times that he wa.
no longer needed at Blondie's. He called Jason a loser. He came
to the end of the bar where Wanda and I were sHting and told me
that he "could not stand me". I told him the feelings were mutual.
He said "I want you out of my bar. I own hal f of this place and
you're (Krls Pugh) not allowed here". He told Wanda if I was
allowed in then his friend Kenny was allowed in. I told Dave that
at least I spend money in the bar.
He went back to the other end of the bar. He accused Wanda of
steallnq with my help. He told Wanda if things went to court
everything would P'" on her SJ ..Ie because she was "sucking all the
JUdqeR cocks", Wanda threatenecl to call the police. He told her
to call th~m, she did not. Atter more accusations towards her and
I and many slanderous remarks towarcl$ many people, he got up and
got hImself and Ban'y another beer. this was 2:25 AM. When he
walked put Wanda, she was at the register, he to." his beer bottle
and hit her in the ass with it. At thlt point wanda called tha
poliee. she told Dave that Barry had to leave, Dave refused.
OHiee Smith and another officer arrived at 2:30 AM. They
eleorted Barry out of the bar. Wanda, Jaaon, and myself left with
E1kIl/8/T If A '/
ottic~r Smith talking to Uave.
1'hlll'll,IIIY, May 2:1, g:I)I) PM
Binee Wanrla was short handeel, she asked me to aome in to work
from 9-2 I'M. I aam~ in after my ahift at Rod's Roadhouse.
When I arrived I asked Wands if Dave was around. she told me
he was out drinkin~ with Hike Strine. His vehicle was in the back
parking lot. He arrived back at the bar around 11:00 PH with Hike
Strine. I was not behind the bar when he walked in the door, so I
walked around and oleaned some tables. I told Wanda I did not want
a oonfrontation. Dave walked behind the bar and got Hike and
himself a beer. After that Wanda went behind the bar and started
to wash some glassos. Hike Strine was on his way to the reat
rooms, so I stopped him and told him of the situation, that I was
working and didn't want any problems. He told me Dave wasn't too
drunk toni~ht and not to worry. Dave did not say anything direotly
to anyone. Wanda's friend Cindy came in with her boYfriend. Dave
had made a comment about Cindy the night before. Two minutes after
Cindy arrivp.d, Dave left. Wanela left the bar around 12;30 AM and
returned around 1:30 AM.
Wh*n r 0~U~ last call we started to clean. We put all the
Chall"5 lip. All th~ customet.s leH by 2:00 AM, exoept one. A
fri end "r ,,111:5, 11"uq Brandenburll. Wanda started to sweep the
floor. At ?:05 AM the front door opened, Wanda said "I'm sorry you
can't cnm~ In, It's aft~r 2:00", then she realized it waa Dave with
some guy, She told Dave the guy could not come in it was after
2:00, She and Dave argued about it for a oouple of minutes and the
~uy left. Dave came in and was ri~ht in Wanda's face, soreamin~ at
her for stealing the money. Wanda kept telling him to take all the
money in the register. He went behind the bar and did a reading
and started to scream about sales only being $600.00. Wanda told
him again to take the money. He said why should he take it when
her and I already stole everything and that they only took in
$800.00. He got a beer and sat down at the bar. Wanda .aid ah.
was going to call the police if he didn't stop, he told her to oall
them. she did not at that point.
Dave kept repeating to Wanda "where's the money" accuaing her
and I again. Finally, Wanda said she had enough and called the
pol ice, 'rhey arrived at 2: 25 AM. Officer Al Mace and another
officer came In the bar, Two officers were outside the bar. As
soon as Davd saw Officer Mace he said "oh shit" and asked Officer
Mece what he wanted him to do, They started to take Dave out when
"MAI-k" w",) k",d '11 tht"ollqh ",11 th... pol ice to uay he came to oet Dave.
Th...y to,}k hoth nt th...m out. OAII" kept tell ing Officer Mace that
Han..l" ..as st..."'ling all th" mon",y. Wanda offered Dave the money
again, thAt he could have the sales tot" the night.
~Ialld,; ..nd I continued to dE:an after Dave and the polica left.
Douq stay.;.:! ollts'ld~ the bat" and talked to the polioe Ilnd to wait
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for Wanda and I to maklf surll WI! werl! ok. At 3: 15 AM the door
openl!d aqain and Dave caml! back in and started IIcreaming that he
was gOlna to b~ here every night to close the bar from now on. He
cam~ behln~ th~ boll, qot a beer, and sat down. He told me "I don't
lil(~ V<)ll and t,:, leave now". I told Dave I would leave when 1 wa.
d(Jn~' ,'I~;:,rljn'J an..1 started s,'reamln'l and slamming his fists on the
1'0.\1 ;"'~ 'la,..1 ",,,', Yo1l1'll leal/e now", 'rhen the front door opened and
n,)url _",ld ~I'" YOIl ,',k, II.' h.'1I'rl nav.., s'~r~aming from outside and
,Hnc.; DII\I., ).,.tt rhi' fr"'lIt dOM nl'en~d, Iloug was sbll! to open it.
I t,',ld D,,"II'I w.- W'H'" hne t,) pleasp- wait tor us outside. He went to
hI!! ,',;" and ,:alled the pnllee arlaln. They arrived in 5 minutes.
Offl,c>JL' Hace, 2 I.'al'lisle Officers, and 2 state Police. Offioe Maoe
and the sam" 'Jffl'~et. came back In. Wanda Bnd I wslked outside to
talk to the ~cate Police. They escorted Dave out again. We a.ked
Office Mace to stay around untIl We finished in about 15 minutes.
We finished, Sl!t the slarm and left. Officer Mace was waiting
outside. We Bsked him to ride by, because we were sure Cave would
return later with other people. I also informed Office Mace that
Cave had a beer thl! second time they returned, but he dumped it out
and got a soda before they came in.
Another incident was on election night 1991. Wanda had clo.ed
the bar. Her and I had gone to Camp Hi 11 for dinner and stopped to
see a friend on the way back to Carlisle. We decided to go by the
bar to see if everybhing was ok. All the 1 ights were on, SO we
went In, Wanda, had nq, problem that Cave had opened, but there was
only tOUt' peopl'l at ;J'he tlat, wanda made a comment that it was
rl!ally worth it to OI'P-n th.; har. They \Jot Into a huge fight and
all tho: "1\3t'-'l1loHS lE'ft, Atter the fight worsened, Dave grabbed
wan<!1I by tho;, throat "nct I'I,-kp.ri h"'r off the floor. 1 started
scrPllminQ "t I',lm and t,',J~ him I was goin\1 to call the police. Hit
put h"'l' ,1 ,-,WI'. ar,d pl"'I",~ lIr, hIe, 'Jlln "nd said this wa:J for her.
P-ftl.-r r,"\OI",I .1\'.]\\i r.0' ',.Jt~ I.' tf'
(1.~t..,j.''''l. 19'i2, n"vo; ,;,:ells.,,1 my boyfnend at the time of
steal1ng with Wnnda "nd I "ncl threatomed all of us. He is James
Burns and IS a New Cumberland Police Officer, After that incident
James In!!isted that I quit working at Blondie's because he feared
for my safety.
May 1995, I was working the bar. Dave had been earlier that
evening. He returned around 1:00 AM shortly after Wanda had ll!ft
and walked to Fast. Eddie's to Bee the band. Dllve came in, came
behind the bar and took all the money out of the register. 1 told
him I was trying to do my job and couldn't without money to make
change. He told me to get the tuck out from behind his bar Ilnd
leave, I was tired. I told him again I was just trying to do my
job. One of th~ cooks, Tllna Sollenberger, was sitting at the end
"f thE' bar. I told her to go get Wanda. He got in my hce and
screamed "qet th~ fuck out now", I took my purse snd my tip jar
and 1 E'ft, [WE'nt tn my "'u an'; called the police. By the time I
qot back Intn thp- har, Wanda was cryina anel had bruises on her arm
fro:.rn Davo' qral.,hlllr/ her, Il,~ thn'l\t.;ned her with his gun again. The
poli,~~ ~~,~,-,\'~~,1 htm O'.lt,
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