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HomeMy WebLinkAbout02-5269 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, ('):1 - S.JL.? C;,-,iL'-rE/'l...~ Civil Action - (x) Law ( ) Equity JULIE L. BARNHART, Plaintiff THE NEWS-CHRONICLE COMPANY 1011 Ritner Highway Shippensburg, PA 17257, Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons in the above-captioned action, KATHRYN L. SIMPSON, ESQUIRE Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 717-232-5000 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU, c,-Ak" ~.~ rothonotary Date:~oo.;l....... By--" L:h(J/1. 0, p, 71t-q.4~V 1/ Deputy ( ) Check here if reverse is issued for additional information 306946 ~~~ i;J 'l () :::: -.(;: o~p::> ~ (') c: '" -oi:{, Q-l rT~ Z~;,. %[ ('-. .:;:.;.~ ~~ -,~ -< C) f'") ? ,--, .-1 r.~l {:::J ~- '~,_J "n -u ::....' :.11 ._J 9 C":' 'I :0 ~C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIE L. BARNHART, Plaintiff CIVIL ACTION - LAW No, 02-5269 v, THE NEWS-CHRONICLE COMPANY, Defendant ACCEPTANCE OF SERVICE I accept service of the October 30, 2002 Writ of Summons in the above-captioned matter on behalf of the Defendant, The News-Chronicle Company, and certify that I am authorized to do so, HANFT & KNIGHT, P.C. 11M-P2J117 .I'v:I1chael 1. Hanft, Eire Attorney ill No, 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Defendant Dated: November 19, 2002 F:\User Folder\Firm Docs\Gendocs2002\1929-8acc.serv.l.wpd Q ~; JI ~ C~-! '0 :.--') JULIE BARNHART, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. The News-Chronicle Company, Defendant CIVIL ACTION - LAW NO. 02-5269 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 appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 JULIE BARNHART, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. The News-Chronicle Company, Defendant CML ACTION - LAW NO. 02-5269 NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara :medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. PENNSYLVANIA LAWYER REFERRAL SERVICE Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 :315275 _1 JULIE BARNHART, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. The News-Chronicle Company, Defendant CIVIL ACTION - LAW NO. 02-5269 COMPLAINT 1. Plaintiff is Julie Barnhart, an adult individual residing at 5929 Mountain Road, Chambersburg, PA 17201; 2. Defendant is The News-Chronicle Company, a Pennsylvania corporation, with a business address at 1011 Ritner Highway, Shippensburg, Cumberland County, PA. 3. In April 199B, Plaintiff was an employee of Defendant and, on April 1, 199B was assigned a new job with a new title and responsibilities. 4. In connection with the actions described in paragraph 3, a job description which included compensation terms was executed. A copy of the job description and compensation agreement is attached as Exhibit "1." 5. Starting in April 199B, Plaintiff was paid commissions consistent with the terms set forth on Exhibit" 1." 6. In June 2000, Plaintiffs commission rate on advertising sold by her was increased from 10% to 12.5%. 7. Thereafter, until December 31,2001, Plaintiff was paid 12.5% on advertising sold by her. B. Effective January 1, 2002, Plaintifrs compensation was unilaterally changed from salary of $325.00 weekly, plus commissions, to only salary at the rate of $750 per week. 9. That change was rejected by Plaintiff but she continued to perform her duties while continuing to maintain that she was entitled to compensation in the form of commission payments in addition to her salary. 10. Despite Defendant's representations that there would be a mutually agreeable compensation agreement forthcoming, Defendant did not make Plaintiff any offer for compensation that was mutually agreeable and, on July 29, 2002, she . resigned. 11. At the time of her resignation, she had sold advertising and commercial printing sufficient to generate a commission of $8,594.88 at the post-July 2000 rate of 12.5% or $6,875.20 at the original contract amount. 12. Upon her resignation, Plaintiff demanded payment from Defendant for her vacation pay and her commissions for the years 2001 and 2002. 13. Defendant paid Plaintiff $750 for vacation pay but refused to pay commIssIons. 14. Under Plaintiff's contract, Defendant was obligated to pay her mileage at a rate of 20(i per mile, on a monthly basis. 15. Plaintiff was not paid mileage since July 2000 and, between that time and her resignation, she submitted mileage reimbursement claims totaling $5,906. 16. Plaintiff and her counsel have demanded Plaintiff be paid her commissions and her mileage. 17. To date, Plaintiff has not been paid her commissions and mileage. 18. All conditions precedent have occurred or been satisfied. COUNT I Pennsylvania Wage Payment and Collection Law 19. The averments contained in paragraphs 1 through 18 are incorporated by reference. -2- 20. Plaintiff is entitled to the unpaid commissions earned by her on advertising and commercial printing sold by her July 1, 2001 through the last date of her employment on August 9, 2002. 21. Despite Plaintiff's demands for payment of the commissions, Defendant has refused to pay, in violation of the Pennsylvania Wage Payment and Collection Law. 22. Plaintiff is entitled to reimbursement for her mileage expenses incurred during her employment. 23. Despite Plaintiff's demands for reimbursement of her mileage expenses, Defendant has refused to pay those expenses provided for in her contract in violation of the Pennsylvania Wage Payment and Collection Law. 24. Plaintiff has been damaged by Defendant's failure to pay commissions and mileage in compliance with the Pennsylvania Wage Payment and Collection Law where: a. Defendant is obligated to pay $8,594.88 in commissions to Plaintiff; b. Defendant is obligated to pay $5,906.00 in mileage expense reimbursements to Plaintiff; and c. Defendant is obligated to pay liquidated damages of 25% of the amounts due because the payments due have been unpaid for greater than thirty days beyond the last regular pay date. 25. Plaintiff is entitled to attorneys' fees under the Pennsylvania Wage Payment and Collection Law. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in her favor for unpaid commissions, expenses:, liquidated damages, attorneys' fees and costs plus interest on the unpaid amounts. -3- COUNT II Breach of Contract 26. The averments contained in paragraphs 1 through 18 are incorporated by reference. 27. Defendant contracted in writing with Plaintiff to pay commissions on advertising sold by Plaintiff. 28. Defendant contracted in writing with Plaintiff to pay mileage expenses. 29. In January 2002, Defendant breached its contract with Plaintiff when it refused to pay her commissions due her from July 1, 200, which breach continued when Defendant failed to pay her compensation based on salary and commissions throughout the remainder of her employment. 30. In July 2000, Defendant breached its contract with Plaintiff by refusing to pay mileage. 3!. As a result of this breach, Plaintiff has been damaged as follows: a. Defendant owes Plaintiff $6,875.20 in commissions under the written contract (Exhibit "I"); and b. Defendant owes Plaintiff $5,906.00 in mileage reimbursement under the written Agreement. -4- WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in her favor plus costs and interest. Respectfully submitted, METTE, EVANS & WOODSIDE Date: c:< - :5- tJ 3 By: .-" Attorneys for Plaintiff, Julie Barnhart -5- VERIFICATION I, Julie Barnhart, Plaintiff, have read the foregoing document and to the extent that it contains facts supplied by me, they are true and correct to the best of my personal knowledge, information and belief; however, to the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this verification. I make this Verification subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: I Jii/a3 I I . '11 ~ daMAjW.* :milE BARNHART :216715 _1 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the forgoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-cla.ss postage, prepaid, as follows: Michael J. Hanft, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 METTE, EVANS & W ODSIDE ...... 3401 N. Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Dated: February 5, 2003 :317306 _1 () c: :7 ~~~ fr, -7 -,', ..c~-; !' c_. ~~g ~2 ';;.: --' -<. CW.., ..,,,,," L>':> ....., '" OJ I 0" o -";"1 ~'C) :;"'J .. ( " -, ("\1 :";::\ ~ '~ (1' JULIE BARNHART, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. The News-Chronicle Company, Defendant CIVIL ACTION - LAW NO. 02-5269 EXHIBIT TO COMPLAINT Plaintiff, by her counsel, Mette, Evans & Woodside, hereby files Exhibit "1" to her complaint which was inadvertently omitted when the complaint was filed. Respectfully submitted, FR~t.j & LYH I,JDLFRm'l PHONE HO. 8137946696 Rpr. 01 1998 05:44PM POI Julie Barnhart - Job Description Rpril 1. 1998 Newdob Title: Printing/Advertising Specialist Ihe following duties .are in addition to the ones already being performed. Duties: '. Will directly sell commercial p,rinting and display advertising. Will have established accounts specifically credited to her. Will assume the main responsibility for handling advertising customers who call in or come in to the office, asking general- tYpe questions about ads, and/or prices, or want someone to call them back, artld also to take messages concerning ads for Steve, Dan or Bob. Julie will also have ttla responsibility of maintaining any of these new accounts tl1at she would want to service personally, and/or be able to refer new customers directly to another sales rep to handle, i.e. Steve, Dan or Bob. Will also serve as in~house advertising coordinator between the sales department and the production department. She will attend to such mattars8S making sure ad proofs are provided on time, be available to answer questions about ads from both departments, help keep the ad copy flowing as smoothly as possible, and monitor ad copy for mistakes, to nama a few. Will serve as media specialist for advertising and printing, doing such things as developing media kits and promotions. Compensation: Julie will be paid a monthly commission of 10% on all printing and advertising sales, directly credited to her. Commission will be paid the third we~k of the following month, less any uncollected, bad debts. Julie will also be paid mileage, for miles logged while calling on customers or servicing accounts, on a monthl~ basis, at the rate of 20 cents per mile. . Attest: ~>f&~ ! Julie Barnhart ~ 4LdflY _'14/q~ Date ~Z.i Date EXHIBIT I Allo8TltU LaM. --..., co, CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the forgoing document upon the person(s) and in the manner indicated below, which service satisfies the req*irements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Michael J. Hanft, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 By: VANS & WOODSIDE "", ( 3401 N. Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Dated: February 7, 2003 ~ ~~ ~ ~ ~ i ~ ~ "" JULIE BARNHART, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. The News-Chronicle Company, Defendant CIVIL ACTION - LAW NO. 02-5269 EXllmIT TO COMPLAINT Plaintiff, by her counsel, Mette, Evans & Woodside, hereby files Exhibit "1" to her complaint which was inadvertently omitted when the complaint was filed. Respectfully submitted, S & WOODSIDE ,. FR~N & L YN IA'DLFRor',1 PHONE NO. 8137946696 I Hpr. 01 1998 05:44PM POI Julie Barnhart - Job Description Rpril 1, 1998 t. NewJ.ob Title: Printing/Advertising Speoialist __".Ib~ folloWing. duties .are in addition to the ones already being performed. "'Duties:, Wnr'directly sell commercial p,r,inting and display advertising. Will have e,stablished accounts specifically credited to her. Will assume the main responsibility .for:handling advertising customers who call.in or come in to the office, asking gsneral- "~pe questions about ads, and/or prices, or want someone to call them back, amd also to take messages concerning ads for Steve, Dan or Bob. Julie will also have tile responsibility of maintaining any of these new accounts tl"1at she would want to! service personally, and/or be able to refer new customers directly to another sales rep ~o handle, i.e. Stave. Dan or Bob. Will also serve as in-house advertising coordinator between the sales department and the production department. She will attend to such matters as making sure ad proofs are provided on time, be available to answer questions about ads from both departments. help keep the ad copy flowing as smoothly as possible, and monitor ad copy for mistakes. to name a few. Will serve as media specialist for advertising and printing, doing such things as developing media kits and promotions. . compensation: Julie will be paid a monthly commission of 10% on all printing: and advertising sales, directly credited to her. Commission will be paid the third week of the following month, less any uncollected, bad debts. Julie will also be paid m~leage, for miles logged while calling on customers or saNicing accounts, on a monthly basis, at the rate. of 20 cants per mile. . Attest: , , " 7.}VII It tP(/:: Julie Barnhart ~r 1f11qgr Date ~ resident LJ-~ 7" Date CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the forgoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in thEe United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Michael J. Hanft, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 By: 3401 N. Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 Attorneys for Plaintiff Dated: February 7, 2003 (') c:: < -ui'i; 92~:[~ 0~:7' ~~~.'~ ZCI )>(= ;~ ~ a t.s.:): -." :-1'1 ':'::1 o -n ~~ 1 ""T1 . '..:;) L :.) 'TI .-, :::rJ ":i'e) ;,5'" __J -' :u -< D " :JJ:: w JULIE BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W THE NEWS-CHRONICLE COMPANY, Defendant : NO. 02-5269 NOTICE TO PLEAD To: Plaintiff Julie Barnhart and Kathryn L. Simpson, her attorney You are hereby notified to plead to the attached Counterclaim within twenty (20) days from service hereof or a default judgment may be entered against you.. HANFT & KNIGHT ~-:J.~~E~~ ~ Attorney ID No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Defendant The News-Chronicle Company JULIE BARNHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW THE NEWS-CHRONICLE COMPANY, Defendant : NO. 02-5269 ANSWER AND COUNTERCLAIMS AND NOW, comes the Defendant, The News-Chronicle Company, by and through its Counsel of Record, Hanft & Knight, P.c., and Gregory H. Knight, Esquire, to file an Answer to the Plaintiff's Complaint and Counterclaims, in support of which the following statements are made: 1. Admitted. 2. Denied. The News-Chronicle Company no longer operates a business and recently sold its assets, including The News Chronicle. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. In early January 2002, Plaintiff, an at-will employee, and Defendant discussed the financial difficulties the Defendant was having and the parties then negotiated a change in compensation from a salary-plus-commissions to a salary only, at an amount more than twice the salary component of her previous compensation. 9. Denied. See answer to Paragraph 8 above. In addition, the change in Plaintiffs compensation was the result of negotiations including the exchange and rejection of several offers by both parties. Furthermore, the restructuring ofPlaintifr s compensation occurred at the same time as similar negotiations by Defendant with other employees. Also denied that Plaintiff properly performed her duties as she began to defame Defendant and to offer unauthorized discounts to customers, all of which resulted in damages to the Defendant as more particularly set forth in the Counterclaims contained herein. 10. Denied. Paragraph 10 is a conclusion of law to which no ansWer need be filed and strict proof thereof is demanded at trial. In addition, see answer to Paragraphs 8 and 9 above. 11. Denied. Paragraph 11 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. In addition, see answers to Paragraphs 8, 9, and 10 above. 12. Admitted. 13. Admitted. 14. Denied. Paragraph 14 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. In addition, see answer to Paragraphs 8, 9, 10, and 11 above. 15. Denied. Paragraph 15 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial In addition, see answers to Paragraphs 8, 9, 10, and 11 above. Also denied as Plaintiff has been paid all amounts of commission and mileage reimbursement due her. 16. Admitted and Denied. Admitted that Plaintiff and/or her Counsel have demanded that Plaintiff be paid certain sums but denied that Plaintiff is owed such sums. In addition, Paragraph 16 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 17. Admitted and Denied. Admitted that Defendant has not paid Plaintiff the amounts demanded. Denied that Plaintiff is due any additional amounts. In addition, Paragraph 17 is a conclusion oflaw to which no answer need be filed and strict proof thereof is demanded at trial. See answer to Paragraphs 8, 9, 10, and 11 above. 18. Denied. Paragraph 18 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. COUNT I PENNSYL VANIA WAGE PAYMENT AND COLLECTION LAW 19. Admitted and Denied. See answers to Paragraphs 1 through 18 above which are incorporated herein by reference. 20. Denied. Paragraph 20 is a conclusion of law to which no answer need be filed and strict proof of the allegation of Paragraph 20 is demanded thereof at trial. In addition, see answers to Paragraphs 1 through 19 above. 21. Denied. Paragraph 21 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. In addition, see answers to Paragraphs 1 through 19 above. 22. Denied. Paragraph 22 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. In addition, see answers to Paragraphs 1 through 19 above. 23. Denied. Paragraph 23 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. In addition, see answers to Paragraphs 1 through 19 above. 24. Denied. Paragraph 24 is a conclusion oflaw to which no answer need be filed and strict proof thereof is demanded at trial. In addition, Plaintiff has been paid all amounts due her and see answers to Paragraphs 1 through 19 above. 25. Denied. Paragraph 25 is a conclusion oflaw to which no answer need be filed and strict proof thereof is demanded at trial. In addition, see answers to Paragraphs 1 through 19 above. WHEREFORE, Defendant requests that this Court enter judgment in its favor and against Plaintiff with costs to Defendant. COUNT II BREACH OF CONTRACT 26. Admitted and Denied. See answers to Paragraphs 1 through 25 above which are incorporated herein by reference. 27. Admitted and Denied. Admitted that for a portion of her employment Plaintiff was paid commissions on advertising sold by her. Denied that Defendant owes any additional amounts to the Plaintiff. In addition, Paragraph 27 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 28. Admitted and Denied. Admitted that for a portion of her employment Plaintiff was paid commissions on advertising sold by her. Denied that Defendant owes any additional amounts to the Plaintiff. In addition, Paragraph 28 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 29. Denied. Paragraph 29 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 30. Denied. Paragraph 30 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 31. Denied. Paragraph 31 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. WHEREFORE, Defendant requests this Court enter judgment in its favor and against Plaintiff, plus costs, Counsel fees, and such other relief as the Court deems appropriate. COUNTERCLAIM - INTERFERENCE WITH CONTRACTUAL RELATIONS 32. While Plaintiff was employed by Defendant as an at-will employee, she offered discounts to Defendant's customers for advertising. 33. At no time during her employment did Plaintiff have authority to unilaterally offer discounts on any advertising as all discounts could be authorized only by the General Manager or President. 34. Plaintiff was repeatedly counseled and questioned about such discounts but continued, without authorization, to offer discounts to many customers. 35. The value of Plaintiffs unauthorized and uncollected discounts was approximately $5,000 in lost revenue to Defendant. 36. The Defendant also lost revenues in an amount to be determined during discovery as a result of Plaintiff telling customers of the Defendant that contracting with the Defendant was a waste of time and money. 37. In addition to losses from unauthorized discounts, the Plaintiff was paid commissions on such discounted advertisements which resulted in improper commissions to Plaintiff. WHEREFORE, Defendant requests judgment against Plaintiff in the amount oflost revenue and improper commissions paid to Plaintiff, together with costs and Counsel fees. COUNTERCLAIM - DEFAMATION/COMMERCIAL DISPARAGEMENT 38. Paragraphs 1 through 37 are incorporated herein by reference. 39. During the last year of her at-will employment, Plaintiff told customers of the Defendant that contracting with the Defendant was a waste of time and money. 40. During the last year of her at-will employment, Plaintiff disparaged the Defendant by tortiously sharing with customers confidential information about the financial status of the Defendant. 41. Plaintiff s conduct defamed Defendant and resulted in lost business revenue and other business opportunities for Defendant, in an amount to be determined during discovery. WHEREFORE, Defendant requests judgment in its favor and against Plaintiff for the amount of its losses plus costs, Counsel fees, and such other relief as the Court deems appropriate. Respectfully submitted, HANFT & KNIGHT, P.C. ~ ~:r:lt, Elie Ie l'~ Attorney I.D. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013 (717) 249-5373 Attorney for Defendant, The News-Chronicle Company VERlFICA nON I, Kenneth E. Wolfrom, hereby verify that the facts set forth in the foregoing Answer and Counterclaims are true and correct to the best of his knowledge, information, and belief, and that he understands that any false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsifications to authorities. ~ [: t1I~ Kenneth E. Wolfrom Date: +' eb. ,lei J.. OOJ CERTIFICATE OF SERVICE AND NOW, this 1- g -= day of, March, 2003, I, Gregory H. Knight, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Answer with Counterclaim by first class, United States Mail, postage pre-paid, addressed as follows: Kathryn L. Simpson, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, P A 1711 0-0950 Attorney for Plaintiff HANFT & KNIGHT ~~ ' L:~:.dgh~~q~J U- Attorney ID No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Defendant The News-Chronicle Company (') ~ \'}(-7"i mrn -,..;-.-......1 4- ...'~ -". r (1):,,: -< ..~_., ~C_-.~ ~!',::-: ;;;: '-... ~; ::St -( a C) --;'f'" .~ '.... 1,_ :0 '" co C) -n ;:;j ~,i "'J) --.-: i"71 ":-JCJ ,~) ,1..) j -- ~j;~ -( ~> :0 -< '=' :n: ;::- :::::> (n JULIE BARNHART, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. The News-Chronicle Company, Defendant CIVIL ACTION - LAW NO. 02-5269 ANSWER AND NEW MATrER TO COUNTERCLAIMS Plaintiff, by her counsel, Mette, Evans & Woodside, files the following Answer With New Matter to the Counterclaims of The News-Chronicle Company: COUNTERCLAIM - INTERFERENCE WITH CONTRACTUAL RELATIONS 32. Admitted. By way of further answer, the discounts offered were never questioned by Defendant on any occasion from the start of Plaintiff's sales career in April of 1998 to the date she resigned. By way of further answer, Plaintiff is aware that Defendant offered discounts to other customers in order to keep and/or attract new business. 33. Denied. To the contrary, Defendant gave Plaintiff free reign to do what was necessary to win over new customers or draw back those who had stopped advertising. By way of further answer, Defendant was aware that the Sentinel was offering large discounts to lure customers away from Defendant and that Defendant needed to give discounts to get those customers back. 34. Denied. To the contrary, in the four plus years that Plaintiff sold advertising for Defendant, she was never once counseled or questioned about any discounts that she had given. By way of further answer, she was often praised for getting new customers or getting a past advertiser to come back and advertise. Defendant entered ad charges into the computer system on a daily basis. Therefore, Defendant knew each time a discount was offered but yet did not reprimand Plaintiff for those discounts. 35. Denied. To the contrary, all of the discounts were authorized and Defendant did not lose revenue from those discounts. 36. Denied. To the contrary Plaintiff never told any customer that advertising with the Defendant was a waste of time and/or money. By way of further answer, Plaintiff was paid on a salary plus commission and would do nothing to deter customers from placing advertisements on which she would earn a commission. By way of further answer, Plaintiff attempted to curb rumors that were in the community concerning financial difficulties of Defendant and she attempted to create a positive atmosphere in which advertisers would feel comfortable placing an advertisement. 37. Denied. To the contrary, Plaintiff was paid commissions only on the basis of her total sales. At no time were her commissions calculated on the full value of discounted advertisements. -2- WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss this Counterclaim and enter judgment in her favor. COUNTERCLAIM/DEFAMATION/COMMERCIAL DISCOURAGEMENT 38. The answers contained in paragraphs 32 through 37 are incorporated herein. 39. Denied. The answer to paragraph 36 is incorporated herein. 40. Denied. To the contrary, Plaintiff did not share any details of the financial status of Defendant with customers because she did not know those details. The details were never shared with any of the Defendant's employees and therefore she had nothing to tell anyone. By way of further answer, Plaintiffs job consisted of attempting to instill confidence in Defendant and to counter the rumors of financial instability of Defendant. 41. Denied. To the contrary, at no time did Defendant make any statements that were disparaging in nature or defamatory. By way of further answer, none of the statements made by Plaintiff caused a loss of business, revenue or business opportunities for Defendant. -3- WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss this Counterclaim and enter judgment in her favor. Respectfully submitted, METTE, EVANS & WOODSIDE Date: April 15, 2003 Attorneys for Plaintiff, Julie Barnhart :323120 _1 -4- VERIFICATION I, Julie Barnhart, Plaintiff, have read the foregoing document and to the extent that it contains facts supplied by me, they are true and correct to the best of my personal knowledge, information and belief; however, to the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this verification. I make this Verification subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: <f JIl/-l 0 -3 Y!~ ~HART :216715 _1 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the forgoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with fIrst-class postage, prepaid, as follows: Gregory H. Knight, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 METTE;'VANS & WO~DSIDE , By: 3401 N. Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Dated: April 15, 2003 - (') r; '" '"""'r- l~'--- ~lY c.,.. 'J ) (,~ (, r.~: '- ~~("i )~~ :~ "'~l r-~,. ... .. / ::.:-1 t.:- ~~~ - 0 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIE BARNHART, v. No: 02-5269 THE NEWS-CHRONICLE COMPANY, Defendant CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Plaintiff, Julie Barnhart, by her undersigned counsel, METTE, EVANS & WOODSIDE, respectfully represents that: I, The above-captioned action is at issue, 2, The claim of the Plaintiff in the action is $8,594,88 for unpaid commissions, $5,906,00 for unpaid mileage expense reimbursements, liquidated damages of25% of the amounts due because payment has been unpaid for greater than 30 days beyond the regular pay date, for a total of$18,126,1O plus interest, costs and attorneys' fees, The counterclaims of the Defendant in this action are Interferences with Contractual Relations and Defamation/Commercial Discouragement. 3. The following attorneys have interest in this case as counselor are otherwise disqualified to sit as arbitrators: Kathryn 1. Simpson, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street PO Box 5950 Harrisburg,PA 17110-0590 Gregory H. Knight, Esquire HANFT & KNIGHT 19 Brookwood Avenue, Suite 106 Carlisle,PA 17013-9142 WHEREFORE, Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted, Respectfully submitted, METTE, EVANS & WOODSIDE By: , IRE Attorneys for Plaintiff Julie Barnhart Date: )1/1'-IloJ ~ ~ ~ ~ ....c -t:7 VI o Cl ~ ~ 3 ~ (" ~ ~ ., '" + ~ <> "- f;t ?:-. f;) , . ,._,l 0;"'" " '.' l::; JULIE BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, No: 02-5269 THE NEWS-CHRONICLE COMPANY, Defendant CIVIL ACTION - LAW ORDER AND NOW, this /$"'iay of ~ ~03, upon consideration of the Petition of Julie Barnhart for the Appointment of Arbitrators; , Esquire, and By the Court: fIJ11,i'J^) f J Distribution to: Kathryn 1. Simpson, Esquire METTE, EVANS & WOODSIDE 340 I North Front Street PO Box 5950 Harrisburg, PA 17110-0590 ~ ~ 1,).,,,.03 Gregory H. Knight, Esquire HANFT & KNIGHT 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 384695vl 'i1N\/!'~\}8hlN3d )J.W:Ci' ',rc";,~r::J Zt;:1 " XtJ.:'l', CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Gregory H. Knight, Esquire HANFT & KNIGHT 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Respectfully submitted, METTE, EVANS & WOODSIDE By:. ~~'ES Su ,~~~o, 28960 340 I North Front Street P, 0, Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax r Attorneys for Plaintiff Julie Barnhart Date: 11111/0> 384691vl (") -t7 ( ,.,.1 * .. ~ <./\ , 0 " " ~ ......-.:::, ?- --.^ .~ '3 ,,~ .J: ~ ,'. (" t' . ., '" + ~ <- ~ '?,;-. JULIE BARNHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, No: 02-5269 THE NEWS-CHRONICLE COMPANY, Defendant CIVIL ACTION - LAW ORDER AND NOW, this /$~y of 'A ~~03, upon consideration of the Petition of Julie Barnhart for the Appointment of Arbitrators; By the Court: j1.l1tl'l f / : ,. .i' ( ~., V J i f' J, Distribution to: Kathryn 1. Simpson, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street PO Box 5950 Harrisburg, P A 17110-0590 - J. -) 1-03 ~~I. Gregory H. Knight, Esquire HANFT & KNIGHT 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 384695vl 'd\N\fr\1J.'sNI'J'3d A1Nr:C:r-:;- >::!!.~n8 2i:: : I ".' ~ 1-..' ,\j,~ }.)j .TT]"T.TF. RARNHAR'T'. ) ) ) ) ) ) ) CumbE!rland County, !'ennsylvania Plaintiff In TIle Court of Co~on Pleas of THE NElvS-CHRONICAL COMPANY Defendant !lo. n') , 5269 XgK V ......- CIVIL ACTION - LAW OATH We do solemnly swear (or affirm) the Constitution of the United States wealth and that we will discharge the that we and the duties will support, obey and defend Constit~tio~ of this Common- f -~" Hd.li".. ~AH~?~J!1t.t L Chai=an ~E!J!:/ ".' rd,~ //, ,'(I( ,_ V AL.l:!.;K.l1:!; Ji. J:tAU..I:'.;N AWARD We, the undersigned arbitrators, having been duly appointed and Sworn (or affirmed), make the follOWing award: (Note: If damages for delay are awarded, they shall be separately stated.) THe "1k77e~~ 1i-.:ItcHe:->> AIV' "'.eir"e:~e'Vr lQ",1(" S"f:77'L&I1~_ 1"0 4 e H1"'~t~ S eT7l,.")O "7 /."t;,c€1:-",.,.,.......,.. e..1'tT &' IS ~ ~. A.Jr:-r:J . applicable.) Date of Hearing: June 22, 2004 -/' fl Date of Award: NOTICE OF No..r, ehe .202,t..Dlday or n,,,,, , .0100'1, at~~';;(.r , .Lt...~I., the above award was entered upon t~e :r~~ and notice thereof g:lven by mail eo ehe parties or their attorneys. Arbitrators' compensation paid upon appeal: S ;).qo, OV By: r;,.fo_' K ~--r' ~' ~. prothc5notary t2~_ J Deputy to be q~'~ c. ~ .Sul iJ~ Q :1~ ;2fo1 fY1.~~ O / I. TOt? 1/7- 9:20' 9 y"V d 'a-f ~ I (f<< . CMJ~ '0--- {YIA.lo. "<..L ~JJ. k!~ A- (....~.l,O'"/ r ~v,81, ~j~- ,," 0 ...., "'" ~ G <= J:" "'f"~ . c_, t- ..... l',-" ~ :r: ~: rn? / <~? N -om N -DC( r~ ,..--', ,~c: :5 " ~ 7.-:rJ .- (2(0) S;~~. - '-:? 'Drn 2" -~ ~ N ? ,U Ul. ;< , " , ~ ~ KATHRYN L, SIMPSON, ESQUIRE PA I.D. #28960 3401 North Front Street p, 0, Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorney for the Plaintiff JULIE BARNHART, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, THE NEWS-CHRONICLE COMPANY, Defendant CIVIL ACTION - LAW NO, 02-5269 PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY: Please mark this matter settled and discontinued with prejudice, Respectfully submitted, Attorneys for Plaintiff, Julie Barnhart CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Gregory H, Knight, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17013-8806 METTE,YANS & WOODSIDE 3401 North Front Street P,O, Box 5950 Harrisburg, PA 17110-0950 Attorney for Plaintiff, Julie Barnhart Date: March 11, 2005 419151v1 c -