HomeMy WebLinkAbout96-03362
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JA VETrE D, JUMPER,
Plaintifi'
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
CIVIL ACTION - LA W
';11.11-
96-~ CIVIL
CUMBERLAND PUBLlSIIERS.
INC,. d/b/a TIlE SENTINEL,
Defendant
IN RE: PLAINTIFF'S MOTION FOR LEA VE OF COURT TO AMEND COMPLAINT
BEFORE BA YLEY AND HESS, J
ORDER
AND NOW, th:s
.:10.
day of May, 2UOD.thc within motion huving been
ncither briefed nor argued, same is DISMISSED.
BY TI-IE COURT.
Roger Morgenthul. Esquire
For thc Defendunt
Kevi . Hess, J,
?1~~
5-.3/-00
'R 1<3
John H. Broujos, Esquire
For the Pluintiff
:rJm
day of lkf'lAY 1998 at 2-
o'clock,o M, in Court Room No, ..;
at
JA VETTE D. JUMPER
Plaintiff
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
VI.
CUMBERLAND PUBLISHERS, INC.: DOCKET NO. 96.3362 CIVIL TERM
dba The Sentinel
Defendant
ORDER
AND NOW, this Z/'dayof .:J:w.,
1998, upon Motion to Compel Answer to
Interrogatories, it is ordered and directed that a hearing be held on the Petition on the ~ 0/'\0
which time Defendant is required to appear,
By the Court:
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C, Whultype nrhnnd did I'luinliffpay a charge for?
1>, Whul wu~ the premium of each of the bonds allegedly owned or obtained
hy I>el\:ndllnl und how wus the ehllrge per Molor Roule Driver determined?
E, Through whUI compllny was the bond obtllined?
7, I'lnlntll1' rCl(ue~t~ Ihe Cnurt to tile answers 10 interrogatories set forth and to impose
Huncllons upon I>el\:ndnnllilr failure In file unswers to suid interroglltories,
WIIEIWFOIW Jlluinllll' pruys thallhe Court hold a heuring for the purpose of compelling
Defenduntlo unswer the interrogutories and to impose sunctions as required by rule of court,
~ttoY.c:
Broujos, Esquire
J.D. No, 06268
4 North Hanover Street
Curlisle, Pennsylvuniu 17013
717/243-4574 7171766-1690
FAX 717/243-8227
I verify that the statements made in this pleading are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
February 13, 1998
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she had to sign that contract when she had just signed olle with Mr. Roger Snyder approximately 3
to 4 weeks prior, Mr, Vinson's reply WllS "Just sign because the other one isn't here," Plaintiff
signed that contract, even though she had nothing to compore the contract to, Admitted that Plaintiff
refused to sign a second contract for another item at that time, After signing the first contract,
PlaintilT noticed that there were several more contracts in a pile. Mr. Vinson said she would have to
sign those also. Plaintiff lISked Mr, Vinson for an explanation about what WllS going on and why she
was lISked to sign all of the contracts, since he WllS rushing her and she had to moke her pick-ups for
delivery. She told Mr, Vinson that she wanted to toke the contracts for someone to look over prior
to her signing them, The rellSon for her refusal at that time WllS to have someone look them over
before signing. Plaintiff did not know, lIS Defendant alleges, that "it WllS identical in fonnat to other
contracts she had signed." Defendant's attitude WllS demanding and overbeoring. On several
occllSionR Defendant had utilized pressure tactics of "sign now or you ore done I "
33. Denied, Upon Plaintiff's refusal to sign the other contrllcts until someone could look over
them for her, Mr. Vinson told Plaintiff that if she didn't sign the contrllcts "today and now, you will
not get any papers lIIld you're done," Mr. Vinson never distinguished between the routes or offered
lIIlY of this infonnation on why all the signing, Plaintiff WllS unable to continue to deliver other
routes since Mr. Vinson refused to give her any papers,
34, Admitted that Plaintiff replied, "Fine," and left Mr, Vinson's orea without signing the second
contract, In addition Plaintiff also said "Bye Jellll [Hinkle]" and lIS she WllS walking away from the
orea, Mr. Vinson tell Corl Smith, "You have papers to do today."
35. Admitted in that Plaintiff left Mr, Vinson's orea and walked out of the building through the
mail room. Denied that Plaintiff exclaimed, "I quit this (expletive deleted) place." On the contrary,
lIS she walked through the mail room Plaintiff said, "I'm done!"
36, Denied, Plaintiff is without knowledge or infonnation sufficient to fonn a belief lIS to the
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truth of said avennent and demands proof,
37. Denied, Plaintiff is without knowledge or infonnation sufficient to fonn a belief as to the
truth of said avennent and demands proof, Admitted that Plaintiff did not indicate to Defendant or
any of the route customers that she desired to continue making deliveries because Ben Vinson had
told her if she did not sign the contracts at that time, she was done, 38. Admitted in part and denied
in part, Admitted that Plaintiff was glad to lie away from the Sentinel. Denied that Plaintiff said she
was glad she "had the opportunity to quit the Sentinel." Plaintiff did not quit, In additillO, the
message which Plaintiff left at the Sentinel and which was played on October 17, 1995, indicated
that Plaintiff was glad to be away from the Sentinel, primarily because of Ben Vinson's sexual
harassment to Plaintiffs 15 year old daughter.
39. Admitted that Plaintiff left a message on her answering service that she would no longer be
delivering the Sentinel and that her relationship with the Sentinel was tenninated.
40. Denied. This is a conclusion of law not requiring a responsive pleading,
WHEREFORE, Plaintiff prays your Honorable Court to dismiss Defendant's objections and to find
for Plaintiff on her claim.
August 13, 1996
BRO JOS lrR~OUSTON PC
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John H, Broujos, Esquire
Attomey 1.0, No. 06268
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-45747171766-1690
FAX 717/243-8227
I verilY that the statements in the foregoing pleading are true and correct. I understand that
false statements herein are made sllbject to the penalties of 18 PaeS 4904 relating to unsworn
falsification to authorities.
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1 JAVETTE D. JUMPER,
Plaintiff,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
: CIVIL ACTION - LAW
I NO. 96-3362
I
I
2
3
va.
CUMBERLAND PUBLISHERS,
INC., d/b/a THE
SENTINEL,
Defendant.
Deposition of: JAVETTE JUMPER
Taken by: Defendant
Before: Susan O'Hara, R.P.R.
Reporter-Notary Public
Dllte:
October 25, 1996, 10:55 a.m.
Place:
f) ,--....
Broujoa, Gilroy & Hou~tonll P;C.
Four North Hanover ' ::->, ' ".1
Carlisle, Pennsylvanill " "in
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APPEARANCES:
".
BROUJOS, GILROY & HOUSTON
BY: JOHN H. BROUJOS, ESQUIRE
FOR - PLAINTIFF
FLOWER, MORGENTHAL, FLOWER & LINDSAY
BY: ROGER M. MORGENTHAL, ESQUIRE
FOR - DEFENDANT
ALSO PRESENT:
JAVETTE D. JUMPER
DANIEL CRIBARI
ORIGINAL
C.P.C.R.s.
(717)25B-3657 or (BOO)B63-3657
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0 1 INDEX TO EXAMINATION
2 DEPONENT EXAMINATION PAGE
3 Javette Jumper By Mr. Morgentha1 3
4 By Mr. BroujoB 19
5
6
7
B
9
10
11
12
0 13 INDEX TO EXHIBITS
14 NO. DESCRIPTION PAGE
15 (None. )
16
17
18
19
20
21
22
23
24
.:..) 25
C.P.C.R.S.
(717)25B-3657 or (BOO)B63-3657
3
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1
STIPULATION
2 It is hereby stipulated by and between the
3 respective parties that all objections except as to the
4 form of the question are reserved until the time of trial.
5
6 BY MR. MORGENTHALI
7
Q.
Miss Jumper, I'm Roger Morgenthal, the attorney
8 representing Cumberland Publishers, Inc., and the
9 Sentinel. I'll be asking you questions similar to the
10 manner that your attorney was questioning Mr. Vinson.
11 I will ask you to, as I did with him, keep your
12 voice up and to make any answers by means of spoken word
o
13 rather than gestures.
14 If I should ask you a question that you don't
15 understand, please ask me to clarify it and I will try to
16 do so. And if at any time you feel the need to talk with
17 Mr. Broujos, also state that and I'll be happy to afford
lB you that opportunity.
19 Would you state your name, please?
v
20 A. Javette Le~ Jumper.
21 Q. Your address?
22 A. 313 East Louther Street, Carlisle.
23 Q. Are you married?
:24 A. No, I am not.
25 Q. Were you married in 1995?
C.P.C.R.S.
(717)258-3657 or (800)B63-3657
o
1
Q.
When you started working with the Sentinel, do
2 you recall if you had written contracts to sign?
3
4
A.
Yes, I did.
5
5 the Sentinel you had -- you signed and re-signed a number
Q.
And is it true that throughout your time with
6 of contracts covering your various routes?
7
8
A.
Yes, I did.
Q.
NOW, Mr. Vinson had indicated that there would
9 be several reasons for new contracts and one of which
10 would be a request by the Sentinel to raise its rates. Do
11 you agree that was one of the reasons you agreed to
12 negotiate?
o
13
A.
14
Q.
That would be one of the reasons, yes.
15 some subscribers from one of your route areas and it was
He also indicated that at one point you lost
16 renegotiated so you would not suffer a loss of
17 compensation. Is that correct?
lB
A.
19
Q.
Yes.
What was your practice when you were presented
20 with these various contracts by the Sentinel to sign as
21 far as did you take them home to read them?
22
A.
There were several times I did take them home
23 to have Dan, he helps me out quite a lot with different
24 things, with my motor route and he always has.
u
:25
Q.
Who is Dan?
C.P.C.R.S.
(717)258-3657 or (800)863-3657
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1
2
A.
Dan Cribari. He is my fiance, for ten years.
Q.
Were there other times when you would simply
3 sign the contracts when they were presented to you?
4
5 did.
A.
There was a couple of occasions, ye9, that I
6
Q.
Would you describe briefly how you handled
7 matters with your customers, your route customers as far
B as the price that they paid for the papers?
9
A.
The price was usually set by the Sentinel of
10 how much that we should charge a customer per week or
11 month.
12
Q.
Did you receive a list of customers that you
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13 were expected to service in a given route?
14
A.
Yes.
15
Q.
Did you have the opportunity, in addition to
16 those customers, to go and try to find other customers on
17 that route?
lB A. Yes.
19 Q. And did you do that?
20 A. In that area.
21 Q. Did you do so?
22 A. Yes, r did.
23 Q. Now, if I speak about routes, for example 602
24 c.r 627 or 6:28, do you recall what geographical areas those
W 25 covered?
C.P.C.R.S.
(7l7)25B-3657 or (800)863-3657
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1 should have a copy of it, and also for income taK
2 purposes.
3
Q.
Was there anything at that particular time that
4 caused you to make the ~equest as opposed to a general
5 desire to have the contracts?
6 A. For income tax.
7 Q. You were getting your income tax --
B A. Ready.
9 Q. -- ready. Okay. Now, when Mr. Vinson
10 indicated to you that a couple of contracts were missing,
11 were you eurprieed by that?
o
12
13
A.
Yes, because -- yes.
Q.
Did you have any objections to replacement
14 contracts being signed?
15
A.
Without explanation, yes.
16
Q.
What do you mean by without explanation?
17
A.
I wanted to know why they were all of a sudden
18 gone.
19
20
21
Q.
Did you ask them for en explanation?
A.
Yes, I did.
Q.
Do you recall what he may have said to you?
22
A.
With the Penny Saver contract, he just said
23 that it was misplaced. I signed one three weeks previous
24 to that with Roger snyder out on the steps behind the
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25 Sentinel. He was passing the contracts around for. us to
C.P.C.R.S.
(717)25B-3657 or (800)863-3657
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1 terminated as a carrier?
He said I was done. I would not get any more
2
A.
3 papers and I was done.
4
Q.
5
A.
6
Q.
7
A.
8
9
Q.
A.
10 fired.
11
12
Q.
A.
Did he tell you to leave the building?
No.
Did you ask him what done meant?
No.
What did you think it meant?
I was not going to get any papers, so I was
What did you do after that?
I had a pen in my hand. I flipped the pen on
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13 his desk. I got up and I walked out. I said good-bye to
14 Jane Hinkle and I left.
15
Q.
Did you make any statements to anyone else as
16 you were leaving the building?
17
lB
19
There was a few people in the back.
A.
Q.
Do you recall who they were?
There was Louise Taylor, Joe and a young kid.
A.
20 I can't remember his name.
.
,
21
22
23
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Q.
What did you say to them?
A. Louise tried to give me a paper and I said I'm
not taking that paper. I said, I'm done.
24
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25
Q.
Did you ever use the words I quit?
A.
No, I did not.
C.P.C.R.S.
(717)25B-3657 or (600)863-3657
12
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2
3
4
Q. Now, you've been working with the Sentinel as a
motor route driver for about 15 years at that point. Is
that correct?
A. Yes.
5
Q.
Did you appeal to anyone else above Mr. Vinson
6 to keep your position, your relationship as an independent
7 contractor with the Sent.lnel?
8 A. No.
9 Q. Why?
10 A. He was the head of the circulation department.
11 Who was I going to appeal to?
12 Q. Let me ask you this. You were making a fairly
0 13 good income from delivering the SenUne 1 ?
14
A.
Yes, I was.
15
Q.
And you simply accepted the fact that your
16 relationship with the Sentinel would be over without
17 appealing to anyone or suggesting for example talking to
1B Mr. Powell?
19
A.
Yes.
20
Q.
Did you attempt to call Mr. Vinson at a later
21 time to see if you could re-establish the relationship?
22
23
A.
No, I did not.
Q.
Now, I'm going to show you a copy of the
24 complaint here. I believe you have one in front of you
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25 also. With regard to item :28(e)(4), 3D-day termination
C.P.C.R.S.
(717)258-3657 or (800)863-3657
v,
9
10
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12
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14
15
16
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18
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1 compensation due to plaintiff. And it states the amount
2 of $4,962.54. Would you explain to me what that figure
3 means and how that was arrived at?
4
A.
That figure was with my Penny Saver route, my
5 bundles and the profit that I would make in that 3D-day
6 period with my customers.
7
Q.
Did you look at prior earning periods to
B determine that amount?
A. Yes, we did.
Q. So, at best, it's an estimate of what you
anticipated you would have made during that period. Is
that correct?
A. It's pretty close to it, yes.
Q. Now, with regard to the direct payments to the
Sentinel from your customers, you're not suggesting that
when direct payment was made you earned anything less from
servicing the customers, are you?
A. There were times where we did not get our full
19 credit.
20
21
Q.
Tell me about those.
A.
There were several occasions where people would
22 pay and it would only take them up to a certain date, and
23 then we would continue paying the papers. And if they
24 didn't send in more, then it was our loss and we would
25 have to go on out and try to get that from the customer
C.P.C.R.S.
(717)258-3657 or (800)663-3657
""
1
Q.
2 resigned?
3
A.
15
So you specifically told them that you
Yes. I was very upset that day and I have 600
4 customers out there that they didn't get the paper and
5 they would be calling me. I did not want to tell them
6 that I was fired. It was my personal phone, too.
7
Q.
That was there that if somebody called you,
8 they could hear it?
9
A.
10
Q.
11 resigned?
'21
12
13
A.
Q.
14 resigned?
15
16
A.
17 true?
18
19
Yes.
Did anyone advise you to say that you had
No.
Did you, in fact, consider that you had
No.
Q.
So what you put on there, you're saying was not
A.
That's correct.
Q.
Now, you mentioned, I believe, that you had
20 signed some of these other contracts with the Sentinel
21 dealing with persons other than Mr. Vinson during that
22 time period. Is that correct?
v
23
24
25
A.
In what time period?
Q.
During 1995.
A.
1995, I did not. I thought you meant through
C.P.C.R.S.
(717)258-3657 or (BOO)B63-3657
~
1 my--
2
Q.
3
A.
4 Sentinel.
5
Q.
16
No, I meant
No, I meant through my services through the
I thought you had mentioned at one point you
6 had dealt with Roger.
7
A.
Oh, Roger Snyder. He came back with contracts
B for Ben -- for us to sign.
9
10
Q.
A.
11
Q.
And you signed that right there?
Yos, I did.
Now, would you agree looking at the exhibits
12 that your counsel has presented to me, Plaintiff's
'~')
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13 Exhibits 1, 2 and 3, that the typed or printed information
14 on each of those is identical?
15
16
A.
Q.
17 fairly well?
I
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18
19
A.
Yes, it is.
Now, you read and write the English language
I guess.
Q.
When the contract was presented to you which
20 you wanted to take along instead of signing at that point,
21 was it filled in as far as handwritten material, your
22 name, route number, etcetera, or was it simply a printed
23 form without handwriting?
24
A.
The Penny Saver contract was filled out. I
......,)
25 don't know about the other one because he told me if I
C.P.C.R.S.
(717)25B-3657 or (600)B63-3657
17
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1 didn't sign the rest of the contracts that, you know, I
2 could not take them with me. I asked them if I could take
3 them home or to my attorney to make sure that everything
4 was okay.
5
6
Q.
You didn't read it then at that time at all?
A.
No. The Penny Saver.
7
Q.
Now, did you ever make a remark as you were
B leaving the building at the Sentinel on October 4, 1995,
9 that you had quit working there?
10
A.
No, not that I can remember. Not that I can
11 recall.
12
Q.
Is it possible that you could have said
.
13 something along those lines?
14
A.
I'm done.
15
Q.
So done was the operative word?
16
17
A.
That's what he told me, I was done.
MR. MORGENTHAL: John, if I might take just a
lB two-minute break, I would like to talk to Mr. Vinson
19 outside for a minute.
20 (Recess.)
21 BY MR. MORGENTHAL:
22
Q.
When you had left Mr. Vinson's office on
.
23 october 4, 1995 and were in the process of leaving the
24 building, I believe you indicated a brief conversation
25 with a Louise Taylor?
C.P.C.R.S.
(717)258-3657 or (BOO)B63-3657
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2
3
4
5 from?
6
7
B
18
A.
Yes.
Q.
And who was she?
A.
She was a help in the mail room.
Q.
Was she one of the people you would get papers
A.
She would send them out the chute.
Q.
Describe out the chute.
A.
She was a worker. She would count them, wrap
10
9 them and send them out the chute for us to pick them up.
11
A.
Q.
It was a slide?
12 came out the door.
Papers came bound and there was a chute that
o
13
Q.
14
A.
15 that day.
16
17
Q.
A.
Did she try to get you some that day?
No, she did not. Papers were not even started
What did she say to you?
She said I had a missed paper and she was
1B trying to give it to deliver that day, one missed paper
19 from the day before.
20
Q.
21 terminated, did she?
She didn't have any knowledge that you had been
22
A.
23
Q.
No.
o
24 Vinson that day that you were terminated?
Did you know of anybody being told by Mr.
25
A.
Yes.
C.P.C.R.S.
(717)258-3657 or (BOO)B63-3657
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o
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1
2
A.
Q.
20
Yes.
Now, as far as you knew, did you understand
3 that you had signed these separate contracts previously?
4
5
A.
Q.
Yes.
So Exhibits 1/ 2 and 3 about designation 602
6 627 and 628 wera documents signed by you?
7
A.
8
Q.
Yes.
And, in fact, aren't all of those exhibits that
9 were there that you have read and that we put in as
10 deposition exhibits today signed with your name on it?
11
12
13 contract?
14
15
16 contract?
17
18
A.
Yes.
Q.
As far as you were concerned, you were under
A.
Yes.
Q.
And you, in fact, were performing under the
A.
Yes.
Q.
And when you arrived, you were ready to perform
19 under the contract?
20
21
22
23 further.
A.
Yes.
MR. BROUJOS: No further questions.
MR. MORGENTHAL: I don't have anything
24 (Whereupon, the deposition was concluded at
25
11:17 a.m.)
c.P.C.R.S.
(717)256-3657 or (800)863-3657
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CUMBERLAND PUBLIS~RS INC.
.dba :.' '., .
THE SENTINEL
, ,
.Cumberland publishers Inc. (Seller), agrees, until further'notice
to sell the undersigned individual as many copies of its daily
publication, The Sentinel, as requested for the purpose of selling
such copies to subscribers and/or buyers of the newspaper.
. .
The Seller agrees to advance the Buyer one. weeks worth of its
publication with the understanding that the all charges will be
paid in full before receiving the next week's publication. It is
agreed that payment for all copies will be at a rate of Z:Z."S
cents per copy .
It is understood that the undersigned is an independent contractor
and not an employee of Cumberland publishers, Inc. Therefore the
under.signed will not be treated as an employee for federal tax
purposes or any other purpose. The end result being the timely
delivery of The Sentinel. . ,
Either party may terminate this agreement by giving the other party
30' days written notice of intention to terminate unless such
termination is for cause. .
THIS AGREEMENT IS SIGNED THE ~';fAY OF~' 19:15:.
publishers, Inc.
r-
publisher
roval:
EXHIBIT
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.Cumberland E'ublishers Inc. (Seller), agrees, until further' notice
to sell the undersigned individual as many copies of its daily
publication, The Sentinel, as requested for the purpose of selling
such copies to subscribers and/or buyers of the newspaper.
The Seller agrees to advance the Buyer one weeks worth of its
publication with the understanding that the all charges will be
paid in full before receiving the next week's publication. It is
agreed that payment for all copies will be at a rate of '2.2.'S
cents per copy .
.
It is understood that the undersigned is an independent contractor
and not an employee of Cumberland publishers, Inc. Therefore the
under.signed will not be treated as an employee for federal taK
purposes or any other purpose. The end result being the timely
delivery of The Sentinel. . ,
Either party may terminate this ag:t'eement by giving the other party
30' days written notice of intention to terminate unless such
termination is for cause. '
THIS AGREEMENT IS SIGNED THE ~? /V~y OF ~~ '
Inc.
W~
E'ublisher Approval:
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CUMBERLAND POBLI5~RS' 'INC.
..cIba :'. .,.
THE SENTINEL . ,
. .
'. .
.Cumberland Publishers Inc. (Seller), agrees, until further'notice
to sell the undersigned individual as many copies of its daily
publication, ~he Sentinel, as requested for the purpose of selling
such copies to subscribers and/or buyers of the newspaper.
The Seller agrees to advance the Buyer one weeks worth of its
publication with the understanding that the all charges will be
paid in full before receiving the next week's publication. It is
agreed that payment for all copies will be at a rate of '2"Z.15
cents per copy .
It is understood that the undersigned is an independent contractor
and not an employee of Cumberland publishers, Inc. Therefore the
under.signed will not be treated as an employee for federal tax
purposes or any other purpose. The end result being the timely
delivery of The Sentinel. . ,
Either party may terminate this agreement by giving the other party
30' days written notice of intention to terminate unless such
termination is for cause. .
IS SIGNED THE Z:Z"''6AY
/
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Inc.
Publisher Approval:
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'-AW llllK'ES
FLOWER, MORGENTIIAL, FLOWER & L1NDSA Y
^ I'ROI 1 \\10\'''1. IUlU-UIl" tillS
II EAST IIIGII STREET
CARLlSLE.I'ENNSYLVANIA 17013-3016
JAM I S Il H.OWIIl
ROmR M. MORUIN IHAI.
JMIIS 111I.1J\1'IR, JR
CAROl. J IINIlSA Y
III1ISl'1I '" MOltlilNlIlAI.
II.H.I.H~1
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MOltlilN IIIAI. '" 1I.0WIIl
II.H~,I..ll
September 1,1998
Honoruble Kevin A, Hcss
Cumberland County Courthousc
Onc Courthouse Square
Carlisle, P A 17013
VIA HAND DELIVERY
RE.L JUMPER v. CUMBERLAND PUBLISHERS, INC.
NO. 96-3362 CIVIL TERM
Dear Judge Hess:
A hearing is scheduled before you on Thursday, Scptember 3, on Plaintiffs
Motion to Compel Discovery. [am taking the libcrty of writing to call the Court's
attention to a unique collateral issue which has ariscn, so that the matter can be
discussed and hopefully rcsolved during that hearing.
Defendant, whom [ represent, has been unable to produce certain documents
requested by Mr. Broujos, who represents thc Plaintiff, Although we believe that he
is entitled to them pursuant to discovery, personncl changcs and perhaps less than
precise record-keeping at the Defendant's oflice have prevented my client from
producing them.
As a result of this inabilily 10 comply with discovery, my client authorizcd mc
10 concede and pay Ihe/1I11 amount of Plaintiffs claim (....,the sum 01'$6,326,98, wilh
interest from due dale and COSIS"), The only credil claimed is for a good failh payment
01'$4,000,00 alrcady madc in an effort 10 resolve Ihe case, I have presenled this 10 Mr,
Broujos in a letter dated Augusl 24, 1998, a copy of which is attached. Based on
conversations I have had with him since Ihalleller, I believe Ihal his posilion is Ihat his
clienl does nol have 10 accept even Ihe full amounl demanded and can prcss on with
the case, being Ihus able 10 asserl addilional claims nol yet conlaincd in any pleading.
I have been unable to find a case where full payment was tendered and the
Plaintiff refused it, so this may be a mailer of first impression for the Court. If we
were offering something less in full satisfaction, I would understand Plaintiffs
position, but that is not the case.
As Mr. Broujos knows, my position is that when my client is willing to throw
in the towel and pay all that has been demanded, discovery becomes irrelevant unless
and until an amended complaint is tilednifindeed Plaintiff could still do so given the
passage of time.
I am prepared to stipulate that the Court may enter an order granting judgment
to the Plaintiff for the full amount of her demand, if that will simplify the mailer.
In summary, I believe that in view of my client's willingness to capitulate
totally, discovery and the production of documents is meaningless within the scope of
the current claim contained in the pleadings, I do not believe that the matter pending
before the Court and to be heard Thursday is at issue any longer. Rather, I submit that
the question to be answered is whether our capitulation ends the case. That could be
litigated either on a Petition for a Rule for Plaintiff to show cause why full payment
should not be accepted and the case sellled; or conversely, by Defendant filing an
Amended Complaint and proceeding from that point.
I look forward to discussing this matter with the Court and opposing counsel on
Thursday.
Respectfully,
r~ fi1f'~
Roger M. Morgenthal
Allorney for Defendant
copy: John H. Broujos, Esquire
Allorney for Plaintiff
VIA HAND DELIVERY
(' 'lll I1ClW.I'WISUII(j..\ 1I...n.. (I~n.'III;"'i1 wvu
1."\\ 1I111nS
FLOWER, MORGENTIIAL. FLOWER &: LlNDSA Y
"'t"HUL!l\lu',.\1 \.\lH.I'OK,\ll~I'"
II Et\ST IIIUII STREET
Ct\RLlSLE,I'ENNSYLVt\NIt\ 17013.3ulo
l^~WS D I'LOII'EII
ROGI'R M MOIIGEN II tAL
JAMES D I'LOII'ER. lit
CAROL! LINDSAY
\717, HJ.~~I)
1 ,IX 17171 HJ.bllll
lolll,ul fMrl. 1.11\\ tlllllll;l1lH
lIu:rSt"ll,~ MUROENTlIAI.
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MUROEN 111,11. /Ii I'LO\\T1t
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August 24,1996
John H, Broujos, Esquire
BROLJJOS & GILROY
4 North Hanover Street
Carlisle, PA 17013
~
/<
~
B.E.:. JUMPER V. CUMBERLAND PUBLISHERS. INC.
Dear John:
This will confirm my offer on behalf of my client to settle the case with your client for
the amount demanded In the case, which was $6,326.96 plus Interest from the due date
alleged, and costs of suit. Credit would of course be claimed for the $4,000.00 already
paid to her, with Interest computed accordingly rl3lative to the date of that payment.
In making this offer, my client is not admitting any liability to your client but is
attempting to settle this disputed claim for reasons of convenience and to avoid continued
expenses of time and money to pursue the litigation.
It Is my opinion that your client cannot expect to receive more than she has claimed,
and It Is too late to assert any claims not Included in the complaint. Questions at the
depositions relative to other matters suggested potential claims (which we do not admit In
any way), but those claims were never made formally.
We have the funds in our escrow account and could cut a check as soon as the
interest and cost amount could be computed and agreed upon, so I look forward to hearing
from you soon.
Very truly yours,
Roger M. Morgenthal
copy: Wayne Powell
()
JA VETTE D. JUMPER
Plaintiff
: IN TilE COURT OF COMMON PLEAS OF
: CUMIJERLANI) COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VI.
CUMBERLAND PUBLISHERS, INC.: DOCKET NO. 96-3362 CIVIL TERM
dba The Sentinel
Defendant
PLAINTIFF'S MEMORANDUM OF LAW ON MOTION TO COMPEL
ANSWERS TO INTERROGATORIES
Plaintiff Javcttc D, Jumper through hcr attomcy Broujos & Gilroy, P.C. submits the
following mcmorandum:
BACKGROUND
Plaintiff filcd action in 1996 to obtain damages for brcach of agrccmcnt betwccn Plaintiff
as a motor-route curricr and thc Sentinel as thc publisher and distributor of the Evening Sentincl.
There was a complicatcd mcthod of determining compcnsation for services perfomled,
Plainti ff during hcr long tcnure as a carrier paid a fee for a bond charge levied against her
and other carriers for the fidelity bond allegedly carricd by the Sentinel on thc carriers.
During the course of the procecdings after the complaint and answer and answer to new
matter, Plaintiff took the deposition of Bennett L. Vinson who admitted that such a bond"existed
and charges were imposed. During deposition he agreed to submit a copy of the bond, This
never matcrialized,
In addition. intcrrogatorics werc tilcd. which Dcfcndant refuscd to answcr rclating to the
intcrrogatory on thc allcgcd bonds, Ovcr the course of cnsuing months, Dcfendant's counsel
rcpcatedly upon dcmand stated thut hc would submit the documcnts; that thcy had difficulty
finding the documents; that kcy employces involvcd had len cmployment; and other statcments,
Counscl relicd on these statcments to scck an amicablc arrangcment for rcsponse,
Subsequently a motion to compcl answcr to thc interrogatories was filed and hcaring is
set for Septembcr 4, 1998,
Now. at the clevcnth hour. dcfcndant oilers to pay all the damages allcged in the
complaint without complying with the intcrrogatories,
Plaintiff contends that she is entitled to havc compliance with the rules of court requiring
a response to interrogatories,
LA W AND ARGUMENT
Pa, R.C,P. 4001(c) authorizes discovery as an aid in the preparation ofa pleading, In
addition, discovery is authorized aner the filing ofa complaint in order to aid the Plaintiff in
making more specific allegations, Goodrich-Amram 2d section 400 I (c):3, And of course, pre-
complaint discovery is pennitted,
Defendant now alleges that discovery should not be pennitted by answer of
interrogatories because Defendant has agreed to pay the claim for damages set forth by PlaintilT
in Plaintifrs complaint.
The irony of this position is that Defendant procrastinates, delays, and misleads Plaintiff
for almost two years, promising to deliver thc information sought in interrogatories and
providing numerous excuses with respect to personnclleaving, employment records not being
available. and other excuses, Then, when moved to compel discovery. Defendant suddenly says
that it will pay all damages,
This conduct attempts to avoid the answers to interrogatories properly submitted and
relevant to the overall claim ofl'laintill'and to any claim which she might havc depcnding on thc
results of diseovery.
To Plaintiff's credit. she did not frivolously and without a luctual basis, make an
allegation of charges for bond premiums improperly placed upon Plaintiff.
A purpose of interrogatories is to aid In preparation of a ease and to determine the nature
and extent of any damages.
Plaintiff had raised in depositions the question of the charge for bond premiums and was
promised the information within one or two weeks, by a representative of Defendant.
Relying upon this representation and the subsequent representations of counsel, Plaintiff
awaited the information. which was not forthcoming.
By analogy to the examination of the entire record. including not only pleadings but also
depositions, for the purpose of ruling upon a compulsory non-suit or a motion for summary
judgment, the court here should look at the entire record in making this decision on a motion to
compel.
Specifically, on pages 47 to 5 I in the deposition of October 25, 1996 of employee
Bennett L. Vinson, Defendant clearly admitted the existence of a bond and charges imposed.
Defendant was put on notice of the interest and right of Plaintiff to obtain this information.
At no time did Defendant's counsel object to the questioning or object to the submission
of the information.
Consequently. Defendant, including its counsel, has directly acknowledged the existence
of the bond; has impliedly acknowledged the relevancy and propriety of the interrogatories on the
bonding nature, procedure and charge; and has olTered the information and promised it over a
period of many months.
Now, at the last minute, Plalntill"should not be prejudiced and deprived of its right to the
information for the purposes of determining other damages because of the offer by Defendant to
settle the damages for the damages alleged.
Plaintiff had and has a right to the information to determine if there were other damages
that could be claimed. including if necessary by amending the complaint to include such claim.
Plaintiff invokes the concept that the law should not pursue a vain result. Plaintiff is in
the process of preparing a petition to amend the complaint. Why require that petition to be filed;
suffer potential objection by Defendant; move for a rule to show cause; pursue a hearing on the
petition to amend; and then conduct discovery.
1fin fact the bond charges were properly charged against the Plaintiff, Plaintiff would
have no reason to amend the complaint.
Another relevant observation justifies directing Defendant to file answers to the
interrogatories. If Plaintiff is to obtain information on the bonding existence, nature, and
procedure, how does the Plaintiff get that information except through discovery? If the court
does not permit discovery at this point. Plaintiff is then compelled to file a writ of summons
against the Defendant to discover the information now sought in the present action.
That writ can cursorily be tiled. for which a motion to discover would shortly follow.
Finally, Plaintiff filed the interrogatories back in 1996. Bused on that submission,
Plaintiff was then and is now entitled to receive the answers or to have an accounting for the
answers through a motion to compel.
Defendant should not have the power to thwart Plaintiff from getting information by
delaying submission of information and gaining tactical or procedural advantages.
For instance, ifthere is any elaim for recovery of improperly levied bond costs, Defendant
may seek to assert a statute of limitations. However. if Defendant withheld the information and
the information was not disco vereb Ie, in all likelihood the statute of limitations would not start to
run until discovery of the cause of action. Consequently, Defendant has nothing to gain by
dilatory proceedings.
Plaintiffhus one witness to call, of short duration. The h~eptember 3 should
not be over 30 minutes long. [~')
, John I. Broujos, Esqu .
Atto 'Y J.D. No. 06268
September 2, 1998
BROUJOS, GILROY, P.C.
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-4574 7171766-1690
FAX # 717/243-8227
Cc: Roger M. Morgenthal, Esquire,
for Defendant
1
r -.
1 JAVETTE 0, JUMPER,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND ~OUNTY, PENNSYLVANIA
2
vs.
CIVIL ACTION - LAW
NO. 96-3362
3
CUMBERLAND PUBLISHERS,
4 INC., d/b/a THE
SENTINEL,
5 Defendant.
6
7
...
. .
8
9 Deposition of: BENNETT L. VINSON
10 Taken by: Plaintiff
11 Before: Sus<<n O'Hara, R.P.R.
Reporter-Notary Public
12
ti Datel October 25, 1996, 9:05 a.m.
13
'. o' ~ Place: Broujos, Gilroy & Houston, P.C.
14 Four North Hanover Street
Carlisle, Pennsylvania
15
16
17
18
APPEARANCES:
19
20
21
BROUJOS, GILROY & HOUSTON
BY: JOHN H. BROUJOS, ESQUIRE
FOR - PLAINTIFF
22
FLOWER, MORGENTHAL, FLOWER & LINDSAY
BY: ROGER M. MORGENTHAL, ESQUIRE
FOR - DEFENDANT
23
24
ALSO PRESENT:
JAVETTE D. JUMPER
"
DANIEL CRIBARI
ORIGINi\L
25
C.P.C.R.S.
(717)258-3657 or (800)863-3657
47
1 thereof?
2
A.
I gave her the contract and asked her to sign
3 it. I didn't say she had to sign it at that point in
4 time. She refused to sign.
5
Q.
I thought you said earlier that when she didn't
6 sign it, you said, in effect, you're not getting any
7 papers.
.~
8
A.
Because she refused to sign it. She said, I
9 will not sign this contract.
10
Q.
After she had worked for the Sentinel for 15
11 years and since there were no serious problems with her
12 performance, why didn't you just give her an opportunity
13 to sign it at a later time?
14
A.
She is an independent contractor. She didn't
15 work for the Sentinel. I want to clarify that. And she
16 could have had the opportunity to sign it at a later time
17 if she requested, as had been done in the past.
18
Q.
In fact, you told her not to pick up any papers
19 when she did not sign it at that time. Is that correct?
20 A. No, it's not correct.
21 Q. What is correct?
22 A. She refused to sign that particular contract
23 and I said you're not going to be able to do that route if
24 you don't sign it.
25
Q.
Now, with respect to the bills and charges that
C.P.C.R.S.
(717)258-3657 or (800)863-3657
1 the Sentinel imposed on Miss Jumper, was there a charge
2 for a bond?
3
4
5
A.
6 from loss.
7
8
Q.
A.
48
A.
Yes.
Q.
And what was the purpose of the bond?
The same as any bond. To protect the company
And how oft~n was that paid?
Depending on what the billing cycle was at the
9 time, but it was a weekly charge at one point in time to
10 '95.
11
12
Q.
A.
...
,
How often was she billed for papers?
Once again, it varied in '95, so it may have
13 been once a week or once every two weeks.
14
Q.
At the time she was billed, what was she billed
15 for, the papers she had picked up or hadn't picked up?
16
A.
The papers that she purchased or agreed to
17 purchase or asked for for home deliveries.
10
Q.
But had they already been delivered or were
19 they to be delivered, did she pay in advance or --
20
A.
21
22
Q.
A.
No, in arrears.
What do you mean by that?
She would get the papers for either a week or
23 two weeks and then she would receive a bill and have, I
24 think, four days to pay.
25
Q.
And that bonding charge would be placed on the
C.P.C.R.S.
(717)258-3657 or (800)863-3657
1
:2
I'm sorry?
Q.
A.
Billy Bond, I believe is the name of the
3 company, Carrier Insurance Agency.
4 Q. Is a copy of that bond available?
5 You can make that available?
6 MR. MORGENTHALI I don't have a copy of it.
7 I'm sure we can make i~. available, sure.
8 THE DEPONENT I Sure.
9 BY MR. BROUJOS:
10
How was the charge against the MRD calculated?
Which charge? There were more than one.
The bond, how was the charge against Miss
Q.
11
A.
12
Q.
13 Jumper calculated?
14
It was calculated upon possible liability,
A.
15 depending on the number of papers she bought on a given
16 cycle is how we calculated the bond charge.
17
Well, was the cost of the bond somehow divided
Q.
18 up among them or what, among the route carriers?
19
Ask the question again, please. I don't quite
A.
20 understand.
21 Q. Well, how would you determine the precise
22 amount if you had a formula by the number of
23 A. It was on a per route basis.
24 Q. Papers that the motor route driver had, how did
25 you apply that number against some figure to arrive at the
C.P.C.R.S.
(717)258-3657 or (800)863-3657
50
51
1 charge?
2
A.
The bond company gives us a formula to use, I
3 don't know how they came about that formula, you would
C.P.C.R.S.
(717)258-3657 or (800)863-3657
4 have to ask them.
5
Q.
Have you ever told anyone that the Sentinel
6 doe! not in fact have a bond for the MRDs?
7
A.
Not to my k~pwledge.
8
Q.
Were you ever in the presence of anyone in a
9 management position before you with the Sentinel when the
10 bond matters were discussed?
11
A. In '95?
Q. During your employment period.
A. During my employment period, yes.
Q. I'm sorry?
A. During my employment periOd, yes.
Q. Was there ever a discussion that related to
12
13
14
15
16
17 whether or not there was in fact a bond?
18
A.
Not to my knowledge.
19
MR. MORGENTHALI Keep your voice up.
20 BY MR. BROUJOS:
21
Q.
Were you asked by Javette Jumper for a copy of
22 a bond or any evidence that a bond existed?
23
A.
I don't know that I was aware of that.
24
Q.
Was Javette Jumper required to deliver the
'.
25 Penny Saver?
JA VETTE D. JUMPER
PlaIntiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 96. He.]. CIVIL TERM
VI.
CUMBERLAND PUBLISHERS, INC.
dba The SentInel
Defendant
NOTICE
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 appenrnnce personally or by attorney and liIing in writing
with the court your defenses or objections to the claims set forth against you. You are
wamed that if you fail to do so the cuse 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 TO CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator. 4th Floor
Cumberland County Courthouse
Hanover and High Streets
Carlisle, Pennsylvania 17013
717/240-6200
which is set forth in Exhibit A attached hereto and made a part hereof. The Plaintiff agreed
to procure subscribers to The Sentinel, to deliver The Sentinel to the subscribers, to collect
subscription rates, and to pay Defendant for the papers at a rate the difference between the
amount Plaintiff collected and the amount paid to Defendant being her compensation.
7. At all times during the relationship of Plaintiff and Defendant, Plaintiff wn.~ an
independent contractor and not an employee.
ll. At all times during the relationship of Plaintiff and Dcfendant, Defendant treated
Plaintiff us an indepcndent contractor and not us an employee.
9. Plaintiff wus required to pick up the newspapers at the Sentinel and to make payment
therefore a few days later.
10. On October 4, 1995, Plaintiff appeared at the Sentinel building on E. North Street to
pick up papers for delivery.
11. At said time and place, Mr. Ben Vinson, Circulation Manager, told Plaintiff that she
wus to sign a paper or she would not be given any papers to deliver and would no longer be
a motor route carrier for defendant.
12. Plaintiff told Mr. Vinson that she would not sign the agreement at that time until she
had more time to read it and to understand what wus going on and to understand the terms.
13. At which time Mr. Vinson told Plaintiff that she wus to sign the paper or she would
not receive any papers for delivery.
14. Immediately, Ben Vinson, Defendant's servant and employee, told Plaintiff that she
wus terminated us a carrier.
15. Defendant, through Ben Vinson, servant and employee, had previously verbally
advised Plaintiff that Defendant intended to change the terms of the agreement, one term of
which was to permit Defendant to collect money from Plaintiff's subscribers.
16. Plaintiff refused to be intimidated and compelled to sign something on such short
notice and upon an ultimatum by Ben Vinson, a condition that did not justify refusal to give
her papers to serve her customers.
17. Plaintiff at all times was prepared to pick up newRpapers from Defendant in the
customary manner and deliver them to her customers.
18. The refusal to give Plaintiff the papers was without cause and the demand to sign on
the spot a document (that Plaintiff had reuson to believe would have changes) or be
terminated wus an unjustifiable condition and constituted a breach of the agreement of the
parties for delivery of papers by Plaintiff to her customers.
19. Plaintiff personally solicited customers and the customers were treated by both parties
us Plaintiff's customers for delivery of the newspapers us an independent contractor for
Defendant.
20. The contract between the parties provided for a thirty day notice by either party of
intent to terminate the agreement.
21. Defendant by its actions and refusing to give the papers to Plaintiff for delivery
breached the agreement between the parties.
22. When Defendant gave notice to Plaintiff that she could not deliver any papers until
she signed the agreement, Defendant breached the agreement, which actions constituted
attempted termination of the agreement.
23. Defendant failed to give thirty days notice of termination of the agreement.
24. Consequently, Defendant is liable for the reusonable and customary profit that Plaintiff
would have received had the breach and termination not taken place and, in the alternative,
wus entitled to damages in the event that termination wus made in accordance with the
agreement.
25. Plaintiff is entitled to damages bused upon the reasonable expectation of fees by
delivery of newspapers and receipt of p"yment at the then current rate, in accordance with the
prior agreement of the parties and their prior practice and conduct.
26. Defendant interfered with the reasonable expectations of fees by Plaintiff.
27. Demand for the amount claimed hus been made upon Defendant, who hus refused to
pay.
28. The termination of Plaintiff as a carrier wus improper and illegal, in that:
A. Plaintiff was under a contract to perform services for Defendant;
B. By terms of the agreement, Defendant wus required to give Plaintiff a thirty
day notice of termination of the agreement;
C. The attempted instantaneous termination 1.'1' the agreement was a breach of the
agreement and wus a termination without justification or cause.
D. Plaintiff would have continued to perform services for Defendant by delivery
of papers to subscribers but for the arbitrary refusal of Defendant to deliver papers to Plaintiff
for delivery as set forth in averment above.
E. Plaintiff is entitled to reimbursement for services performed us follows:
(/) Customers payments to Plaintiff, received prior to and after
(2)
(3)
(4)
October 4 (held in escrow)
Funds received by Defendant, belonging to P
Customers paid in advance to Sentinel, belonging to Plaintiff
30 day termination compensation, due to Plaintiff
$ 1,152.32
$ 119.73
$ 92.39
$ 4,962.54
By:
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Name ~'IU.tt. :)')1I'(~l4)
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Address ,)/ c" -JUr.1"'L'-' i-
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CUMBERLAND PUBLISHERS INC.
dba
THE SENTINEL
Cumberland PUblishers Inc. (Seller), agrees, until further notice
to sell the undersigned individual as many copies of its daily
PUblication, The Sentinel, as requested for the purpose of selling
such copies to subscribers and/or buyers of the newspaper.
The Seller agrees to advance the Buyer one weeks worth of its
PUblication with the understanding that the all charges will be
paid in full before receiving the next. week's PUblication. It is
agreed that payment for all copies will be at a rate of ,2 :t. jot.
cents per copy .
It is understood that the undersigned is an independent contractor
and not an employee of Cumberland PUblishers, Inc. Therefore the
undersigned will not be treated as an employee for ~ederal tax
purposes or any other purpose. The end result being the timely
delivery of The Sentinel.
Either party may terminate this agreement by giving the other party
30 days written notice of intention to terminate unless such
termination is for cause.
THIS AGREEMENT IS SIGNED THE .lad DAY OF J), ~ , 19~
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berland PUblishers, Inc.
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CUMBERLAND PUBLISID;RS' 'INC.
.dba :' "
THE SENTINEL . ,
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,cumberland Publishers Inc. (Seller), agrees, until further' notice
to sell the undersigned individual as many copies of its daily
publication, The Sentinel, as requested for the purpose of selling
such copies to subscribers and/or buyers of the newspaper.
The Seller agrees to advance the Buyer one weeks worth of it.s
publication with the understanding that the all charges will be
paid in full before receiving the next. week's publication. It is
agreed that payment for all copies will be at a rate of 'Z 7..15
cents per copy .
It is understood that the undersigned is an independent contractor
and not an employee of Cumberland publishers, Inc. Therefore the
undersigned will not be treated as an employee for federal tax
purposes or any other purpose. The end result being the timely
delivery of The Sentinel.
Either party may terminate this agreement by giving the other party
30 days written notice of intention to terminate unless such
termination is for cause. '
THIS IS SIGNED THE 2..'2"''6AY OF
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publisher Approval:
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CUMBERLAND PUBLISuE;R5 'INC:
dba :' '," ..'
THE SENTINEL .,
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,cumberland publishers Inc. (Seller), agrees, until further' notice
to sell the undersigned individual as many copies of its daily
publication, The Sentinel, as requested for the purpose of selling
such copies to subscribers and/or buyers of the newspaper.
The Seller agrees to advance the Buyer one weeks worth of its
publication with the understanding that the all charges will be
paid in full before receiving the next. week'S publication. It is
agreed that payment for all copies will be at a rate of 'Z.2.'S
cents per copy .
It is understood that the undersigned is an independent contractor
and not an employee of Cumberland publishers, Inc. Therefore the
undersigned will not be treated as an employee for federal tax
purposes or any other purpose. The end result being the timely
delivery of The sentinel.
Either party may terminate this agreement by giving the other party
30 days written notice of intention to terminate unless such
termination is for cause. '
THIS AGREEMENT IS SIGNED THE ,t).? "{;;.Y OF IYlCAt
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Inc.
~. ature of Inde dent
App"val' ~~
I?ublisher
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CUMBERLAND PUBLISHERS, INC. d/b/a
THE SENTINEL,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VB,
NO: 9'-3362 CIVIL TERM
JAVETTE D. JUMPER,
Defendant
8N.SWf.B...W.I.~
Cumberland Publishers, Inc. d/b/a The Sentinel, by and through its attorneys, Flower,
Morgenthal, Flower & Lindsay, makes the following answer to Plalntiff's Complaint:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted. By way of further answer, Plaintiff performed services as an Independent
contractor on several numbered routes, and it was the practice of Defendant to have a separate
agreement or agreements with all motor route drivers covering each individual route.
5. Denied. On the contrary, after reasonable investigation, Defendant Is without
sufficient Information as to any amendments the averment refers to, and proof, if relevant, is
dsmanded at trial. By way of further answer, as a general policy, any agreements made to any
agreements with independent carriers by Defendant are made in writing.
,:\wpS I \1'ld~'Scnlln,I,(\'mr
6. Admitted as to the execution of Exhibit "A". which, as a written document, spsaks lor
itself as to Its contents.
7. Admitted.
B. Admitted.
9. Admitted, By way of further answer, transactions between the parties were as set
forth In Exhibit "A" and other written agreements,
10. Ahsr reasonable investigation, Defendant is without knowledge of PlaintiH's reason
for appearing at ths Sentinel building on the said date, and proollf relevant Is demanded at trial.
See also Nsw Matter below,
11. Denied. Ses New Matter below,
12. Denied, See New Matter below.
13. Denied. See New Matter below.
14. Denied. On the contrary, and as more particularly set forth in New Matter bslow,
Plaintiff announced that she was quitting her relationship with Defendant immediately.
15. Admitted in part. Delendant, as a matter of policy and with application to all of Its
Independent contractors, introduced a program which permits route customers to pay directly for
their newspaper subscriptions to Defendant's office, primarily for the convenience of the
customers.
16. Denied. On the contrary. Defendant is without any information as to any feelings or
Impressions that Plaintiff may have had at any time, and proof, if relevant, is demanded at trial.
By way of further answer, said averment in part sets forth a legal conclusion, to which no reply Is
necessary.
2
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17. Denied. As set forth In previous paragraphs, Plaintiff voluntarily and without notice
terminated her relationship with Defendant, and gave no indication whalsoever that she wished 10
continue newspaper delivery 10 customers.
18. Denied as a legal conclusion to which no response Is necessary, By way of further
answer, m Defendant's New Maller below.
19. Admilled in part anq denied in part. It is admilled thaI Plainliff may have personally
solicited customers, but denied that Defendant considered Ihose customers as "Plaintiff's
cuslomers."
20. The contracls belween the parlies, being writ/en documenls, speak for Ihemselves
as to their conlents.
21. Denied as a legal conclusion to which no response is necessary.
22. Denied as a legal conclusion to which no response is necessary. By way of further
answer, as more particularly set forth above and in new matter below, Defendant was Ihe party
who terminated the business relationship.
23. 1/ is admit/ed that Defendant did not give 30 days notice of termination of ths
agreement 10 Plaintiff, for the reason that Plaintiff, without notice, summarily lermlnaled her
relationship wilh Defendant, as more particularly set forth in the New Maller below.
24. Denied as a legal conclusion to which no response is necessary.
25. Denied as a legal conclusion to which no response is necessary.
26. Denied as a legal conclusion to which no response is necessary. By way of further
answer, Defendant has no knowledge as to any "reasonable expectations of fees" by Plaintiff.
3
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27. Admitted that Defendant has refused to pay the full amount 01 Plaintiff's demand, for
the reason that she is not entitled to the lull amount demanded.
28. Denlsd. Plaintiff, rather than Defendant, terminated the working relationship;
A. Admitted.
B. The agreement, being written, speaks for itsell as to its contents. By way of
further answer, Plaintill was the party who terminated the agreement, and said agreement
waives any responsibility lor a 30-day notice if termination Is lor cause.
C. As set forth above, Defendant did not terminate the agreement; rather, Plaintiff
terminated the agreement, as more particularly set forth In New Matter below.
D. After reasonable investigation, Delendant Is without sufficient knowledge or
Information as to any intentions Plaintiff may nave had with regard to continuation of her
Independenl contractor relationship.
E. It is admitted that Plaintiff is entitled to reimbursement for services for certain
itams as set forth in this subparagraph, as lollows: (1) Admitted. (2) Admitted. (3)
Admitted. (4) Denied. By way of further answer, Defendant believes and therefore avers
that because of her voluntary termination of the independent-contractor relationship, Plaintiff
Is not entitled to the amount demanded as "30 day termination compensation."
F. No answer is required.
WHEREFORE, Defendant prays your Honorable Court to dismiss Plalntiff's claim for 30 day
termination compensation, in the amount of 54.962.54; and lind that the remaining amounts as
specified should be paid to her without interest or cost.
4
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NEW MA TTEE
29. On October 3, 1995, Plaintiff asked the Motor Route Manager, Carl Smith, for copies
of her contracts with Defendant; and when photocopies thereof were being made, it was noticed
that two (2) of her contracts were missing, lor reasons unknown to Defendant.
30. A request from Ben Vinson, Circulation Director, was relayed to PlalntiH, asking that she
arrangs to meet with him the next day, for the purpose of executing replacement contracts so that
the file would be complete, and at the same time. that she would be given the contract caples she
hnd requested.
31. On October 4, 1995, Plaintiff came in to Mr. Vinson's office to pick up the contract
caples, and she was requested by him to sign the replacement copies for the missing ones.
32. Plalnliff readily signed a contract for delivery of the TMC/Pennysaver edition; but she
refused to sign a second contract for another item, even though it was identical In format to other
contracts she had signed.
33. Because of her refusal to sign the one contract, she was told by Mr. Vinson that she
would not deliver the route covered by the unsigned contract, but that did not affect her ability 10
continue to deliver other routes for which signed contracts existed,
34. Plaintiff replied, Fine," and left Mr. Vinson's area without signing the second contract.
35. Immediately after leaving Mr. Vinson'S area, Plaintiff left the Sentinel Building through
the mall room, and in the presence of mail room employees and other persons, Plaintiff exclaimed
loudly, "I quit this (expletive deleted) place,"
5
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36. Mr. Vinson was inlormed 01 Plaintiff's remarks made while she was in the mail room,
and he went to find her to discuss the matter, but she had lell the premises.
37. Based on Plaintiff's statements and actions, Defendant made other arrangements to
have delivery made to the customers formerly served by Plaintiff; and at no time did Plaintiff
Indicate to Defendant or any of the route customers that she desired to continue making deliveries.
38. On October 17, 1995, Defendant's morning clerk, Kathy Koser, received a voice mail
message from Plaintiff In which Plaintiff indicated, inter alia, that she was glad she "had the
opportunity to quit the Sentinel," and that she was "glad to get away from It."
39. On or about October 19, 1995, Defendant's Motor Route Manager, Carl Smith,
placed a telephone call to Plaintiff's home number, reaching her answering machine which
contained a message In which Plaintiff, inter alia, stated that she had quit her relationship with
Defendant.
40. Plaintiff voluntarily terminated her independent contractor relationship with Defendant.
WHEREFORE, Defendant prays your Honorable Court to dismiss Plaintiff's claim for 30 day
termination compensation, In the amount 01 $4,962.54; and find that the remaining amounts as
specified should be paid to her without Interest or cost.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
By:
r-pn1 f}1 ~I/.,~-
R6ger M. Morgen ai, Esquire
ID # 17143
11 East High Street
Carlisle, PA 17013
(717) 243.5513
6
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VERIFICATION
I, BEN VINSON, hereby verify that the statements made in this ANSWER WITH NEW
MATTER are true and correct to the best of my knowledge, information and belief. I understand
that false slatemsnts herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating
to unsworn falsification to authorities,
INSON, Circulation Director - THE SENTINEL
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JA VETIE D. JUMPER
PlaintIff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 96.** CIVIL TERM
91", - .3dl..)-.
VI.
CUMBERLAND PUBLISHERS, INC.
dba The SentInel
Defendant
DEFAULT NOTICE
TO:
Cumberland Publishers, Ine. dba The Sentinel,
by and through Its attorney Roger M. Morgenthal, EsquIre
DATE:
July 11, 1996
IMPORTANT NOTICE. RULE 237.1
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
717/240-62
John H. Broujos, Es uirc
BR JOS, GILROY & HOUSTON, P,C.
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-4574 717/766-1690
FAX# 717/243-8227
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JAVETTE D.JUMPER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMIJERLAND COUNTY, PENNSYLVANIA
VI.
CIVIL ACTION. LAW
CUMBERLAND PUBLlSHERS.INC,
dba The Sentinel
DOCKET NO. 96-3362 CIVIL TERM
Defendant
: JURY TRIAL DEMAN DEI)
PETITION TO SHOW CAUSE WHY PLAINTIFF SHOULD NOT DE
PERMITTED TO AMEND PLAINTIFF'S COMPLAINT
i'laintiff, through her attomey Broujos & Gilroy, P.C. sets forth the following:
I. On June 14, 1996, Plaintiff liIed a Complaint to the above number and term.
2. During depositions and interrogatories, information has comc to the attention of Plaintiff
justifying amendment of the complaint to avcr damages for additional assumpsit elaim, for tort
claim for fraudulently obtaining funds, compensatory and punitive damagcs, costs, expenses, and
attomeys fees under 42 Pa. C.S.A. 2503 and other statutory and casc law.
3. Amendment is necessary to allege causes of action bused on information Plaintiff has
received and upon failure of Defendant to produce a bond on which chargcs to Plaintiff were
predicated.
4. Failure to produce a bond after many months of promises to produce the bond. failure of
managers during pust tenure under contract to produce a bond after inquiry, and information
received that no such bond existed, lead Plaintiff to the conclusion that there never was any such
bond and that the charges were improperly and fraudulently imposed on Plaintiff.
5. Defendant through counsel answered PlaintilT's dcmand for bond information, not by
liIing answers to interrogatories, but by continuous statements that Defendant would submit the
documents; that they had dilliculty finding the documents; and that key cmployecs involved had
left employment.
6. The only way Defendant could dcterminc If there was a bond was to demand the bond. If
the bond was not produced, Plaintiff could conclude thattherc was no bond.
7. Plaintiff has inlormation that sllch a bond does not and did not exist.
8. Consequently, whereas Plaintiff had no inlonnation at the time of filing the original
complaint as to the existence ofthc bond, and followed the proper procedural route of discovery,
Plaintiff now can concludc that there is no such bond.
9. Pa. R.C.P. 4001(c) authorizes discovery as an aid in the preparation ofa plcading. In
addition, discovery is authorized after the tiling of a complaint in order to aid the Plaintiff in
making more specific allegations. Goodrich-Amram 2d section 4001(c):3. And of course, pre-
complaint discovery is permitted.
10. Plaintiff hus a right to amend the complaint based on the results of discovery and on
information that no such bond existed.
WHEREFORE, Plaintiff prays the Court to issue a Rule upon Defendant to show cause why the
Court should not permit amendment of the complaint.
September 4, 1998
\
John/H. Broujos, Esqui
Attotney J.D. No. 06268
4 North Hanover Street
Carlisle, Pcnnsylvania 17013
717/243-45747171766-1690
FAX 717/243-8227
6. On or about May 22. 1995, Plaintiff and Dclimdant signed an agreement for services,
which is set forth in Exhibit A auached hereto and made a part hercof. The PlaintilT agreed to
procure subscribers to The Sentinel, to deliver Thc Sentinel to the subscribers, to collect
subscription rates, and to pay Defendant for the papers at a rate thc diffcrence bctween thc
amount Plaintill" collected and the amount paid to Defendant being hcr compcnsation.
7. At all times during the relationship of Plaintiff and Defendant. Plaintill" was an
independent contractor and not an employee.
8. At all times during the relationship of Plaintiff and Defcndant, Defendant treated Plaintiff
as an independent contractor and not as an employec.
9. Plaintiffwus rcquired to pick up the newspapers at the Sentinel and to make payment
therefore a few days later.
10. On October 4, 1995, Plaintiff appeared at the Sentinel building on E. North Strcet to pick
up papers for delivery.
II. At said time and place, Mr. Ben Vinson, Circulation Managcr, servant, agent, and
employee of Defendant. told Plaintiff that she was to sign a paper or she would not be given any
papers to deliver and would no longer be a motor route carrier for defcndant.
12. Plaintiff told Mr. Vinson that she would not sign the agreement at that time until she had
more time to read it and to understand what wus going 011 and to understand the terms.
13. At whi~h time Mr. Vinson told Plaintiff that she was to sign the papcr or she would not
receive any papers for delivery.
14. Immediately, Ben Vinson, Defendant's servant and employee, told Plaintiff that she was
terminated as a earrier.
15. Defendant, through Ben Vinson, servant, agent, and employee, had previously verbally
advised Plaintiff that Defendant intended to change the terms of the agreemcnt, one term of
which wus to permit Defendant to collect moncy from I'laintill's subscribers.
16. Plaintiff refused to be intimidated and compelled to sign something on such short notice
and upon an ultimatum by Ben Vinson, a condition that did not justify refusal to give her papers
to serve her customers.
17. Plaintiff at all times was prepared to pick up newspapers from Defendant in the
customary manner and deliver them t" her customers.
18. The refusal to give PlaintilTthe papers was without cause and the demand to sign on the
spot a document (that Plaintiff had reason to believe would have changes) or be terminated was
an unjustifiable condition and constituted a breach of the agreement of the parties for delivery of
papers by Plaintiff to her customers.
19. Plaintiff personally solicited customers and the customers were treated by both parties us
Plaintiff's customers for delivery of the newspapers us an independent contractor for Defendant.
20. The contract between the parties provided for a thirty day notice by either party of intent
to terminate the agreement.
21. Defendant by its actions and refusing to give the papers to Plaintiff for delivery breached
the agreement between the parties.
22. When Defendant gave notiee to Plaintiff that she could not deliver any papers until she
signed the agreement, Defendant breached the agreement, which actions eonstituted attempted
termination of the agreement.
23. Defendant failed to givc thirty days notice oftcrmination of the agreement.
COUNT ONE - ASSUMPSIT FOR CONTRACTUAL DAMAGES
24. Consequently, Defendunt is liable for thc reasonable and customary profit that Plaintiff
would have received had the brcach and termination not taken place I\I1d, in the altemative, was
entitled to damages in the event that termination was made in accordance with the agreement.
25. Plaintiff is entitled to damages based upon the reasonable expectation of fees by dclivery
of newspapers and receipt of payment at the then current ratc, ill accordancc with the prior
agreement of the parties and their prior practice and conduct.
26. Defendant interfered with the reusonable expectations of fees by Plaintiff.
27. Demand for the amount claimed hus been made upon Defendant, who has refused to pay.
28. The termination of Plaintiff as a carrier was improper and illegal, in that:
A. Plaintiff was under a contract to perform services for Defendant;
B. By terms of the agreement, Defendant wus required to give Plaintiff a thirty day
notice of termination of the agreement;
C. The attempted instantaneous termination of the agreement was a breach of the
agreement and wus a termination without justification or cause.
D. Plaintiff would have continued to perform services for Defendant by delivery of
papers to subscribers but for the arbitrary refusal of Defendant to deliver papers to Plaintiff for
delivery us set forth in averment above.
E. Plaintiff is entitled to reimbursement for services performed as follows:
(I) Customers payments to Plaintiff, received prior to and after
October 4 (held in escrow)
Funds received by Defendant, belonging to Plaintiff
Customers paid in advance to Sentinel, belonging to Plaintiff
(2)
(3)
$ 1,152.32
$ 119.73
$ 92.39
(4) 30 day termination compensation, due to Plaintill"
TOTAL
$ 4,962.54
$ 6,326.98
F. Plaintiff demands interest from the date that payments were due.
WHEREFORE, Plaintiff prays this Honorable Court to find against the Defendant in the sum of
$6,326.98, with interest from due date and costs.
COUNT TWO - ASSUMPSIT TO RECOVER FUNDS BASED ON BOND CHARGES
Plaintiff incorporates paragraphs I through 28 herein.
29. During the course of the contractual relationship of the parties, Defendant charged to
Plaintiff a charge for Plaintiff's share of an alleged bond, purported to be in the nature of
a fidelity bond to secure Defendant against any loss occasioned by the theft or improper
diversion or use of funds.
30. The charge so imposed amounted over the years to from $6 to $10 per week. The charge
wus imposed weekly or biweekly upon the bill submitted to Plaintiff. The charge was
paid.
31. Plaintiff from time to time requested a copy of the bond, which was not forthcoming.
32. Upon liIing of the original complaint, Plaintiff took the deposition of the said Ben Vinson
on October 25, 1996.
33. During the course of the deposition, Ben Vinson alleged the following (NT 48to 51):
A. Defendant imposed "a charge for a bond" on Plaintiff.
B. The purpose was "To protect the company from loss."
C. The "terms of the bond are pay a predetermined rate, whatever that may be, on a
weekly or biweekly basis which was in turn paid to a bonding company to protect
the Sentinel from losses. I I' an independent contractor failed to make payment on a
bill, we would turn that in to the bonding company and they would in turn get us
payrnent."
D. The bond charge was required during the tenure of Ben Vinson and upon
information and knowledge the charge was imposed prior to his tenure.
E. The company was Billy Bond, also known as Carrier Insurance Agency.
F. A copy could be made available.
G. The charge "wus calculated upon possible liability, depending on the number of
papers she bought on a given cycle..... on "a per route busis."
H. The bond company "gives us a formula to use.....
34. On or about February 18, 1997, Plaintiff served interrogatories on Defendant, including
interrogatories with respect to the existence of a bond covering employees and specifically
Plaintiff and requesting a copy of the bond.
35. For seventeen months, counsel for Defendant promised imminently a copy of the bond
and related problems of locating the bond because of employee turnover and for other reusons.
36. After repeated demands, Plaintiff was compelled to tile a Motion \0 Compel Answers to
Interrogatories after hearing before a judge, who entered an order compelling answer to
interrogatories.
37. Bused upon the failure of Defendant to provide a copy ofa bond upon demand; upon
failure for over eighteen months of Defendant to produce a bond or any other information
concerning a bond or any explanation for the absence of a bond or any data or basis for
calculating a bond charge; and upon other information received, Plaintiffhus reason to believe
that no bond existed and no charges were imposed upon or premium paid by Defendant during
all or portions of the period of time during which Pluintlll'wa~ undcr contruct with I>cfimdunt,
during which tlmc Dcfcndant nevcrtheles~ dUlrged u hond fcc toPlulnllll:
38. As a result of the inuhility of Pluintlll"toobluin ~uch infhrmutlonon u hond u~ ~ettilrth
herein, Plaintiff was Intentionally. wa~ with gro~~ negligence, or wus negligently 1lI1~led u~ to
whether a bond exlstcd, whereby Plalntlll' had no bu~i~ fhr muklng u lirnely delllulllllhr return uf
charges Imposed.
39. Plaintiff puld the estimated sum uf $4, 784, ba~cd on $4 per wcek tilr Heven ycur~ ($I.4~fI)
and $8 per week for 8 years ($3,328) to Defcndunt fhr u bond churge during u lime whcn nil bond
coveragc was in place. no bond exl~ted, und no bond churge~ wcre puld hy Delcndunt.
40. Plaintiff makes demund upon Delcnduntlilr the sum of$s4,784. plu~ Inlcrest fmm the
date the charges were paid.
WHEREFORE.l'luintiffdemands the sum 01'$4.784, plus Intere~1 ilnd cu~t~.
COUNT THREE - FllAUIWLI<;NTI. V Olll'AININ(i I'R(W":Rl'V
Plaintiff incorporatcs paragruph~ I through 40 herein.
41. During Plaintiff's tenure under contract lIItd uncr Plillntlll'~ terllllnutllln uf empluyment
and during thc proceedings of this legul uetlun, Defcndunt, knowing or huvlnl:l reu~lIn In know
that the facts were noltrue, Intentionally or with gro~s negligencc ml~represcnted, ml~led. unu
deceived I'lalntiffas tllthc existence ofu bund unu u~ tlllhe nced und co~1 Ihr reimbursement uf
a bond.
42. Defendant made the mlsreprcsentutllln~ with the pllrpll~e ufmi~leudlnll Plulntlll'und
obtaining the sum of $4, 784.
43. Defendant as a rcsult of such conduct, obtaincd from Plaintiff the sum of $4,784 for bond
charges that should not have been imposed.
44. Dcfendant demands damages in tort for fraudulent misreprcsentation, ineluding
compensatory damages for costs incurred in preparing for and conducting litigation; for anxiety
and inconvenience; and for punitive damages.
COUNT FOUR - LEGAL FEES
Plaintiff incorporates paragraphs I through 44 herein.
45. Plaintiff, for the reasons set forth above, avers that the conduct of Defcndant were
intentional or grossly negligent acts which werc capricious under 42 PaCSA 2503 (7) and (9), on
the basis of dilatory, obdurate, and vexatious conduct during the pendency ofthc case; in that
Defendant cause delay in the case by refusing to provide information requested by
interrogatories, by misrepresenting the state of the bond and the obligation to pay a charge for a
bond; and because the conduct of Defendant is arbitrary, vcxatious and in bad faith.
WHEREFORE, Plaintiff claims damages in legal fees, plus costs.
. l\ r--.
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B~Oo:fOS, GILROY, P.C.
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-4574 7171766-1690
FAX # 717/243-8227
16. Plaintill" had the knowl~dge and uppurtunity to aJl1~nd h~r complaint at any time,
and uny ulleg~d luilure by Dd~ndantto produc~ a bond did not pr~vent her from
avcrring th~ non-e)(ist~nce of a bond or dumuges to her as a result.
17. Dcfendant has been prejudiccd by the passag~ of timc and the changc of
personnel in its ability now to respond to claims us set forth in Plaintiffs
proposed amendcd complaint attached to her Petition.
18. Defendunt has stipulatcd that it will pay the full amount claimcd by Plaintill" in
hcr original complaint and thatajudgmcnt in that amount, to wit: $6,326.98 plus
interest from the date paymcnt was dllC, may bc entered against it.
19. Defcndant paid thc sum of $4,000.00 to Plaintill" in March, 1998, and on
September 4, 1998, Delendanttendcred a check to Plaintill's counsel for the
balance calculatcd to be $3,399.48, including interest und costs of suit. Said
check was rctumed as rcfuscd, and copics of the relevant corrcspondence are
attached hereto.
20. The stipulation by Dcfendant that ajudgmcnt for the full amount demanded in the
original complaint, together with the tend~ring of said amount, cnds the
controversy between the parties.
21. Pcrmitting Plaintiff to amend her complaint af1er prevailing totally against
Defcndant who acknowledgcs and is willing to pay the amount dcmanded in the
original complaint would be against public policy in thut it would prolong
litigation which wus effcctively ended.
22. Delendant will sutler irreparable hurm if Plaintilf is now permittcd to amend her
complaint because the passage of time, thc change of pcrsonnel and the
unavuilability of witnesses and documentary evidence have affected its ability to
delend.
WHEREFORE, Plaintilf demands that the Petition to Amcnd Complaintliled by
Plaintiff be dismisscd, with costs on thc Plaintill:
FL~RGENTHAL' FLOWER & L1NDSA Y, PC
Roger M. Mor2nt~: ~C::;:;::7143
Attorneys for Dcfendunt
II Eastlligh Street
Carlisle, PA 17013 Phone 717-243-5513
J
JOliN II. BIlOl!.lOS
HI JIIEIlT X. C:Jl.HOY
BHO( JjOS I\: WI.IIOY, I'.C.
i\'ITOIlNE\'S ,\'1' 1.\ \1'
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CAlll.ISLE,I'E:'oINSYL\',\NI.... l7lll:l
7l7.~I:l.I,i71
7l7.7fili.lIi!lO
FAX: ~ 1:I-Il~27
September 14, 1998
Rogcr M. Morl:lcnthal, Esquire
Flower, Morgcnthal, Flower & Lindsay
II Eust High Street
Carllslc, Pa 17013
...
RE: Jumper VI. Cumberland Publlshen, Ine.
Dear Roger:
Encloscd Is check for $3,399.4~ submiued in your letter of September 4, 1998.
I have consultcd with my client and she has dirccted me 10 return the check.
Mrs. Jumper hus had a right under Rules of Procedure to obtain discovery for the purpose of
detcrmining whcther there were any other damages in her relallonshlp with The Sentinel.
If thc Sentinel had not dclayed and, in lact, failed to provide answers to Interrogatories, she
would have concluded that there was no bond and would have had an opportunity 10 tile
additional claims, which she has now tiled.
She intends to pursue her claim for monies improperly charged for a bond. when apparently there
wus no bond. This is an inference drawn fl'Om failure to produce a bond and answer
intcrrogatories.
Your client cannot delay proceedings lor 18 months, deprive Plaintiff of the right to examlnc her
relationship 10 the Sentinel, and then avoid answering interrogatories to conclude the moUer.
She intcnds to pursue not only a Petition to Amend, but. the event that your client contests the
amendment and forces her 10 the time and cxpensc of hearing, briefs, and delays, and witnesses,
she may also tile a separate complaint bascd on after discovcred, the basis havlnll been concealed
from her all these months.
Enclosure
cmc
47
1 thereof?
2
A.
I gave her the contract and asked her to sign
3 it. I didn't say she had to sign it at that point in
4 time. She refused to sign.
5
Q.
I thought you said earlier that when she didn't
6 sign it, you said, in effect, you're not getting any
7 papers.
.. '
, '
8
A.
Because she refused to sign it. She said, I
9 will not sign this contract.
10
Q.
After she had worked for the sentinel for 15
11 years and since there were no serious problems with her
12 performance, why didn't you just give her an opportunity
13 to sign it at a later time?
14
A.
She is an independent contractor. She didn't
15 work for the Sentinel. I want to clarify that. And she
16 could have had the opportunity to sign it at a later time
17 if she requested, as had been done in the past.
18
Q.
In fact, you told her not to pick up any papers
19 when she did not sign it at that time. Is that correct?
20 A. No, it's not correct.
21 Q. What is correct?
22 A. She refused to sign that particular contract
23 and I said you're not going to be able to do that route if
24 you don't sign it.
25 Q. Now, with respect to the bills and charges that
C.P.C.R.S.
(717)258-3657 or (BOO)863-3657
48
1 the sentinel imposed on Miss Jumper, was there a charge
2 for a bond?
3
4
A.
Q.
5
A.
6 from loss.
7
Q.
8
A.
Yes.
And what was the purpose of the bond?
The same as any bond. To protect the company
And how oft~n was that paid?
Depending on what the billing cycle was at the
9 time, but it was a weekly charge at one point in time to
10 '95.
11
Q.
12
A.
How often was she billed for papers?
Once again, it varied in '95, so it may have
13 been once a week or once every two weeks.
14
At the time she was billed, what was she billed
Q.
15 for, the papers she had picked up or hadn't picked up?
16
, A.
The papers that she purchased Qr agreed to
17 purchase or asked for for home deliveries.
18
But had they already been delivered or were
Q.
19 they to be delivered, did she pay in advance or --
20 A. No, in arrears.
21 Q. What do you mean by that?
22 A. She would get the papers for either a week or
23 two weeks and then she would receive a bill and have, I
24 think, four days to pay.
25
Q.
And that bonding charge would be placed on the
C.P.C.R.S.
(717)258-3657 or (800)863-3657
1 charge?
2
A.
Not to my k~pwledge.
51
The bond company gives us a formula to use, I
3 don't know how they came about that formula, you would
4 have to ask them.
5
Q.
Have you ever told anyone that the sentinel
6 does not in fact have a bond for the MRDs?
11
A.
7
8
A.
Were you ever in the presence of anyone in a
9 management position before you with the sentinel when the
10 bond matters were discussed?
Q.
12
Q.
In '95?
During your employment period.
During my employment period, yes.
I'm sorry?
During my employment period, yes.
Was there ever a discussion that related to
17 whether or not there was in fact a bond?
13
14
A.
A.
Not to my knowledge.
MR. MORGENTHAL: Keep your voice up.
Q.
15
A.
20 BY MR. BROUJOS:
16
Q.
Were you asked by Javette Jumper for a copy of
Q.
22 a bond or Any evidence that a bond existed?
18
19
21
23
24
25 Penny Saver?
A.
I don't know that I was aware of that.
Q.
Was Javette Jumper required to deliver the
C.P.C.R.S.
(717)258-3657 or (800)863-3657
INTBRROGATORIBS
1. provide copy of all fidelity or other bonds purchased by Defendant for
losses occasioned by newspaper carriers, as referred to in depositions
(p. 50) .
A blank copy of the form used to submit bond payments is attached.
However, Defendant does not have any copies of fidelity or other bonds.
A. What was the bonding charge for which was required by Plaintiff?
ANSWBR: The bonding charge which was required of plaintiff is
not known to Defendant. However, it is believed that at the time said
charge was paid by Plaintiff, plaintiff received a statement of
account which may have reflected that amount. However, no
documentation or other paperwork pertaining to this matter is in the
possession of or available to Defendant.
B. What type of bond did plaintiff pay a charge for?
ANSWBR: It was a fidelity bond to cover failure by plaintiff
to account for monies owing to Defendant as a result of Plaintiff's
collection of the same from her motor route customers.
c. What was the premium of each of the bonds allegedly owned or
obtained by Defendant and how was the charge per Motor Route Driver
determined?
ANSWBR:
It is believed that the charge per motor route
driver was set by the Bonding company on a per-
person basis, but such information is not available at this
time. Likewise, the amount of the premium for the bond on
behalf of Defendant is not known or available at this time.
7. Provide copy of all litigation resulting from carrier operations in which defendant wa~
a party for the la~t five years including parties, docket number, and result of proceedings.
ANSWER:
Defendant does not have knowledge of any litigation
resulting from " carrier operations II during the last
five years.
VERIFICA TION
I, WENDY METZGER, hereby certify that I am the Business
Manager of The Sentinel, Defendant in this action; that I am authorized to
make this verification on behalf of the Defendant; and that the statements
made in THE ANSWERS TO PLAINTIFF'S INTERROGATORIES are
true and correct to the best of my knowledge, infonnation and belief. I
understand that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4909, relating to unsworn falsification to authorities.
U~:I~-
Date: September 21, 1998
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CUMBERLAND PUBLISHERS INC.
dba
THE SIJNTINilL
Cumberland Publishers Inc. (Seller), agrees, until further notice
to sell the undersigned individual as many copies of its daily
publication, The Sentinel, as requested for the purpose of selling
such copies to subscribers and/or buyers of the newspaper.
The Seller agrees to advance the Buyer one weeks worth of its
publication with the understanding that the all charges will be
paid in full before receiving the next. week's publication. It is
agreed that payment for all copies will be at a rate of ,2/{,6t.
cents per copy .
It is understood that the undersigned is an independent contractor
and not an employee of Cumberland PUblishers, Inc. Therefore the
undersigned will not be treated as an employee for federal tax
purposes or any other purpose. The end result being the timely
delivery of The Sentinel.
Either party may terminate this agreement by giving the other party
30 days written notice of intention to terminate unless such
termination is for cause.
.,. d "-
THIS AGREEMENT IS SIGNED THE 0( DAY OF J.P C-
, 19f..5
.
For~nd Publishers,
By:' ,ltlu.---
Inc.
Publishl:lr
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CUMBERLAND PUBl,ISHERS INC.
dba :'
THE SENTINEL . ,
Cumberland Publishers Inc. (Seller), agrees, until further' notice
to sell the undersigned individual as many copies of its daily
publication, The Sentinel, as requested for the purpose of selling
such copies to subscribers and/or buyers of the newspaper.
The Seller agrees to advance the Buyer one weeks worth of its
publication with the understanding that the all charges will be
paid in full before receiving the next. week's publication. It is
agreed that payment for all copies will be at a rate of 2.2.'15
cents per copy .
It is understood that the undersigned is an independent contractor
and not an employee of Cumberland publishers, Inc. Therefore the
undersigned will not be treated as an employee for federal tax
purposes or any other purpose. The end result being the timely
delivery of The Sentinel.
Either party may terminate this agreement by giving the other party
30 days written notice of intention to terminate unless such
termination is for cause.
THIS AGREEMENT IS SIGNED THE 22~/JAY OF ~, 19$
Inc.
Publisher Approval:
M~
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Name
Address
CUMBBRLAND PUBLISHBRS INC.
dba
THE SENTINBL
Cumberland Publishers Inc. (Seller), agrees, until further notice
to sell the undersigned individual as many copies of its daily
publication, The Sentinel, as requested for the purpose of selling
such copies to subscribers and/or buyers of the newspaper.
The Seller agrees to advance the Buyer one weeks worth of its
publication with the under.standing that the all charges will be
paid in full before receiving the next week's pUblication. It is
agreed that payment for all copies will be at a rate of .,?/..1JY
cents per copy .
It is understood that the undersigned is an independent contractor
and not an employee of Cumberland Publishers, Inc. Therefore the
undersigned will not be treated as an employee for federal tax
purposes or any other purpose. The end result being the timely
delivery of The Sentinel.
Eith~r party may terminate this agreement by giving the other party
30 days written notice of intention to terminate unless such
termination is for cause.
THIS AGREEMENT IS SIGNED THE.(d DAY OF IRe , 19"1;;-:
For:Cumberland Publishers,
By: (f blet;,~
publisher
Inc.
(Sign
APprOV01~ ~J~
CUMBERLAND PUBLISHERS INC.
db.
TH.B: SENTINEL
INDEPENDENT CONTRACTOR CARRIER
COLLECTION NOTIFICATION
I am hereby notifying The Sentinel that it is my decision to:
~
Authorize Cumberland Publisher's Inc, dba The
Sentinel, to bill my customers and/or receive
payments from my customers. It is my understanding
that the fee for such services shall be the amount
of interest earned by the company for such advance
payments.
Handle my collections eXClusively.
Signed this ,lfJ!1
of ]kc.
, 1912.
Contractor Carrier)
~ tJJ~
c nowledged for Cumberland
Publishers Inc. dba The Sentinel
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Address
'.'.
CUMBERLAND PUBLIsm;as INC.
dba :' ,
THE SENTINEL . ,
. .
Cumberland Publishers Inc. (Seller), agrees, until further' notice
to sell the undersigned individual as many copies of its daily
publication, The Sentinel, as requested for the purpose of selling
such copies to subscribers and/or buyers of the newspaper.
The Seller agrees to advance the Buyer one weeks worth of its
publication with the understanding that the all charges will be
paid in full before receiving the next, week's publication. It is
agreed that payment for all copies will be at a rate of 27...5
cents per copy .
It is understood that the undersigned is an independent contractor
and not an employee of Cumberland Publishers, Inc. Therefore the
undersigned will not be treated as an employee for federal tax
purposes or any other purpose. The end result being the timely
delivery of The Sentinel.
Either party may terminate this agreement by giving the other party
30' days written notice of intention to terminate unless such
termination is for cause. '
IS SIGNED THE l-Z"''6AY
,,-
, 19~1,.
Inc.
Publisher Approval:
;uJ~
JA VETTE D. JUMPER
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
DOCKET NO. 96-3362 CIVIL TERM
v..
CUMBERLAND PUBLISHERS, INC,
dba The SentInel
Defendant
RULE U1'ON DEFENDANT
TO SHOW CAUSE WHY PLAINTIFF CANNOT AMEND COMPLAINT
TO: Defendant Cl:mberland Publishers, Inc., dba The Scntinel
Roger M. Morgcnthal, Esquire, Attorney for Dcfendant
95 Alexander Springs Road
Carlisle, PA 17013
AND NOW, this Ji!!{Jay Ofrii:!I-- 2000. upon Petition for Rule to Show Cause why
Plaintiff should not be permitted to amend her Complaint, Rule is issued upon the Defendant to
show cause why Plaintiff cannot amend hcr Complaint. Rule is returnable within 20 days after
service. In the event that Defendant does not liIe an answer to the Petition within 20 days after
service of this rule and copy of the Petition, the Rule may be madc absolute.
BY THE PROTHONOTARY:
---
r
Curtis R. Long, Protlonotar
Date: February JL. 2000
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and subnittoo in d.tpl icate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argunent Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption nust be stated in full)
JAVETTE D. JUMPER
( Plaintiff)
VS.
CUMBERLAND PUBLISHERS, INC.
dba The Sentinel
( Defendant)
No. 96-3362 Civil
19
1. State matter to be argued (i.e.. plaintiff's ITDtion for new trial, defendant's
demurrer to complaint. etc.):
Rule to show cause why Plaintiff cannot amend complaint
2. Identify counsel who will argue case:
(a) for plaintiff: John H. Broujos
~s: 4 N. Hanover st.
Carlisle, PA 17013
(b) for defendant: Roger M. Morgenthal
~s: 95 Al~xander Spring Road, Suite 3
Carlisle, PA 17013
3. I will notify all parties in writing within two days that this case has
been listed for argunent.
4 . Argunent Court Date:
c: Roger M. Morgenthal
[).1ted: '3 7.,\?, <10
or
Plaint
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