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HomeMy WebLinkAbout10-6542SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~` ~ ~' ~6FICE C,~ ; .,r ~..cal~ ~~~.~~'~1~~~G ~~111 L~CT 21 PM ~,= ~ ~~'~~~~~`l~.~F'~~~i 1 Roberta Wheeler, t/d/b/a King's Court Tanning Case Number vs. 2010-6542 Kayla Dorang SHERIFF'S RETURN OF SERVICE 10/18/2010 12:12 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 18, 2010 at 1212 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kayla Dorang, by making known unto herself personally, at 11 Britton Road, Room 209, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 October 19, 2010 NOAH C INE, DEPUTY SO ANSWERS, .~ ~~^^'~ RON R ANDERSON, SHERIFF (cj CourtySuite Sheriff, TeleosoR. hic. 1c s~ . 1-'~L`~~'t~t= ~' ~~~ ~ qtr r=nr ~ ~,~~.:~~r'~~t ~i~ 0 P?~'. F~~ `' Johnson, Duffie, Stewart 8 Weidner ~~ By: Jefferson J. Shipman, Esquire ~~ E~#i`~i't3F4~`° ~~~;r ~`'~'~`j~~ ~ Attorneys for Defendant I.D. No. 51785 ~~~`~~ ~ ~Y~~rt~ir~d~. 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: jjs@jdsw.com ROBERTA WHEELER, t/d/b/a KING'S COURT TANNING, Plaintiff v. KAYLA DORANG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6542 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE F,OR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. Date: November ~, 2010 419816 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER ffergo~ J. Shipman, Esquire ttorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant .~ •., CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November L, 2010: W. Scott Arnoult, Esquire Arnoult Law Office, LLC 14 North Main Street, Suite 314 Chambersburg, PA 17201 JOHNSON, DUFFIE, STEWART & WEIDNER J e n J. Ship an F1? r .Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: jjs@jdsw.com R.OBERTA WHEELER, t/d/b/a KING'S COURT TANNING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KAYLA DORANG, Defendant NOTICE TO PLEAD TO: Roberta Wheeler t/d/b/a King's Court Tanning c/o W. Scott Arnoult, Esquire Arnoult Law Office, LLC 14 North Main Street, Suite 314 Chambersburg, PA 17201 NO. 10-6542 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this 5th day of November, 2010, you are hereby notified to file a written response to the enclosed Preliminary Objections within 20 days of the date of service hereof or judgment may be entered against you. J. Shipman,'Esquire Date: November 5, 2010 Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire l.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: jjs@jdsw.corn R.OBERTA WHEELER, t/d/b/a KING'S COURT TANNING, Plaintiff V. KAYLA DORANG, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6542 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT PURSUANT TO PA RULE OF CIVIL PROCEDURE 1028 AND NOW, comes Defendant Kayla Dorang, by and through her counsel, Johnson, Duffie, Stewart & Weidner, who files these Preliminary Objections pursuant to Pa.R.C.P. 1028(a)(3)-(4) to Plaintiff's Complaint by respectfully stating the following: 1. On October 14, 2010, the Plaintiff, Roberta Wheeler t/d/b/a King's Court Tanning, filed a Complaint against Defendant Kayla Dorang. 2. In her Complaint, the Plaintiff brings two causes of action, Defamation (Count 1) and Commercial Disparagement (Count 11), against Ms. Dorang. 3. The Plaintiff alleges that Ms. Dorang "contacted Plaintiff and stated that Defendant Dorang believed she contacted (sic) Methicillin Resistant Staphylococcus Aureus (MRSA) from Plaintiffs tanning beds." (Complaint p. 2, para. 3). 4. The Plaintiff alleges that Ms. Dorang's "statements that she contracted MRSA from Plaintiff's business were false." (Complaint p. 2, para. 4). 5. According to the Plaintiff, Ms. Dorang "did in fact tell members of her Sorority, Alpha Sigma Tau and others that she was infected with MRSA at Plaintiff's business." (Complaint p. 2, para. 6). 6. Allegedly, "[i]n the days that followed, the false statements to the effect that Plaintiff's business was a source of MRSA or substantially similar statements that Plaintiff's tanning beds were contaminated with MRSA and that people should not visit Plaintiff's business to avoid getting infected with MRSA were repeated at a Shippensburg Women's Pan-Helenic Council meeting and to other third parties." (Complaint p. 2, para. 7), 7. The Plaintiff contends that "[t]he statements made by Defendants and described herein constitute Per Se defamation." (Complaint p. 3, para. 13). 8. According to the Plaintiff's Complaint, "Plaintiff has suffered, and continues to suffer damages including but not limited to loss of customers, loss of revenue, harm to her reputation, emotional distress and other damages the full extent of which cannot be determined at this point." (Complaint p. 3, para. 14). 9. Pennsylvania Rule of Civil Procedure 1028(a) states in pertinent part: "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds . , . (3) insufficient specificity of a pleading; [and] (4) legal insufficiency of a pleading (demurrer) ... " 2 I. COUNT I - DEFAMATION A. PRELIMINARY OBJECTION UNDER PA.R.C.P. 1028M - DEMURRER 10. "Preliminary objections in the nature of demurrer test the legal sufficiency of the plaintiffs complaint. Accordingly, to dispose of a demurrer, the court must examine the complaint to determine whether it sets forth a cause of action that, if proven, would vest the plaintiff with a right to relief . .. The court may sustain the demurrer only where application of the law to the allegations pled demonstrates with certainty that the complaint fails to state a cause of action. Any doubt must be resolved in favor of the plaintiff." Sexton v. PNC Bank, 2002 PA Super 33, 5 (Pa. Super. Ct. 2002)(citing references omitted). 11. When deciding Preliminary Objections in the nature of a demurrer, the Court "must accept all material facts set forth in the complaint as well as all inferences reasonably deducible therefrom as admitted and true and decide whether, based on the facts averred, recovery is impossible as a matter of law." Wiernik v. PHH U.S. Mortg. Corp., 736 A.2d 616, 619 (Pa. Super. 1999), appeal denied, 561 Pa. 700, 751 A.2d 193 (2000). 12. "Courts reviewing preliminary objections may consider not only the facts pleaded in the complaint, but also documents or exhibits attached to the complaint, and based upon the averments and documentary support may address challenges to the legal sufficiency of the complaint." Diess v. Pennsylvania Dept. of Transp., 935 A.2d 895, 903 (Pa. Cmwlth. 2007). 3 13. However, the Court "need not consider the pleader's conclusions of law or unwarranted inferences from facts, opinions, or argumentative allegations." Wiernik, 736 A.2d at 619. 14. "In an action for defamation, the plaintiff has the burden of proving, when the issue is properly raised: (1) The defamatory character of the communication. (2) Its publication by the defendant. (3) Its application to the plaintiff. (4) The understanding by the recipient of its defamatory meaning. (5) The understanding by the recipient of it as intended to be applied to the plaintiff. (6) Special harm resulting to the plaintiff from its publication. (7) Abuse of a conditionally privileged occasion." Connor v. Archdiocese of Phila., 601 Pa. 577, 610 (Pa. 2009). 15. In addition, the United States Supreme Court has held that liability for defamation cannot be imposed without fault. Am. Future Sys., Inc. v. Better Bus. Bureau, 592 Pa. 66, 79 (Pa. 2007)(citing Gertz v. Robert Welch, 418 U.S. 323, 345-46 (1974)). 16. A private-figure plaintiff must prove negligence on the part of the Defendant. Id. at 84. 17. If a plaintiff is a public figure, "then to satisfy First Amendment strictures the plaintiff must establish that the defendant made a false and defamatory statement with actual malice." Id. 4 18, Therefore, the Defendant must have been at least negligent in order for the Plaintiff to recover. 19. In other words, if the Defendant reasonably believed that her alleged statements were true, she cannot be liable for negligence. See id. at 80, 84. 20. The Plaintiff did not allege that the Defendant did not reasonably believe her statements were true or that the Defendant negligently, recklessly, or intentionally published false and defamatory statements. 21. The Plaintiff has failed to allege any fault on the part of the Defendant. 22. Therefore, the Plaintiff has failed to sufficiently plead a claim for defamation and Count I of the Plaintiff's Complaint should be dismissed. 23. Further, the Plaintiff alleges that statements made by the Defendant constitute defamation per se. 24. However, the Plaintiff has failed to allege sufficient facts to support her legal conclusion that the statements constitute defamation per se. 25. It appears that the Plaintiff intends to rely on the following rule that "[s]tatements by a defendant imputing to the plaintiff ... conduct incompatible with the plaintiff's business constitute slander per se." Brinich v. Jencka, 2000 PA Super 209, 23 (Pa. Super. Ct. 2000)(citing Restatement (Second) of Torts § 570 (a), (c), § 571, § 573). 26. According to the Restatement, "[o]ne who publishes a slander that ascribes to another conduct, characteristics or a condition that would adversely affect his fitness for the proper conduct of his lawful business, trade or profession, or of his public or private office, whether honorary or for profit, is subject to liability without proof 5 of special harm." Restat 2d of Torts, § 573; see also Gordon v. Lancaster Osteopathic Hosp. Ass'n, 340 Pa. Super. 253, 260-261 (Pa. Super. Ct. 1985). 27. Comment (g) to this provision of the Restatement provides the following clarification: ... A statement may create liability because it is disparaging of another's products, although it is not actionable as slander per se under the rule stated in this Section. Disparagement of goods may consist of statements that discredit the quality or utility of the goods, without in anyway reflecting unfavorably on the producer or owner, On the other hand, disparagement of goods may be made under circumstances and in a manner that implies that the manufacturer or vendor is dishonest, fraudulent or incompetent. In such a case, the other's business reputation is affected, and the rule stated in this Section is applicable. The rule making actionable a false and unprivileged disparagement of goods primarily protects the owner's interests in the vendibility of the articles (see § 626); whereas the rule stated in this Section protects the owner's personal reputation as a merchant or manufacturer. It may be and frequently does happen that the same statement is actionable both as a disparagement of goods under the rule stated in § 626 and as a personal slander under the rule stated in this Section. Illustrations: 9. A states to B that a tube of a certain brand of toothpaste contains grit. A is not liable to C, the manufacturer of the toothpaste for a personal slander without'proof of special harm. 10. A states to B that C, a butcher, knowingly sells meat that is tubercular. A is subject to liability to C for a personal slander without proof of special harm. Comment (e) to Restat 2d of Torts, § 573. 28. The statements allegedly made by the Defendant are that the "Plaintiff's business is a source of MRSA." (Complaint p. 2, para. 10). 29. The alleged statements contend that a disease or health condition exists at the Plaintiff's business location. They do not relate to the Plaintiff's fitness to run a tanning bed business. 6 30. In contrast to illustration # 10, the alleged statements do not contend or imply that the Plaintiff knowingly provides tanning facilities contaminated with MRSA. 31. The statements allegedly made here are analogous to the Restatement Comment's example 9. 32. Therefore, the statements allegedly made by the Defendant do not constitute defamation per se. 33. Therefore, the Plaintiff has failed to sufficiently plead a claim for defamation per se. WHEREFORE, Defendant Kayla Dorang respectfully requests this Honorable Court sustain her Preliminary Objection in the nature of a demurrer to Count I - Defamation of Plaintiff's Complaint pursuant to Pa.R.C.P. 1028(a)(4) and to dismiss Count I in its entirety. B. PRELIMINARY OBJECTION UNDER PA.R.C.P. 1028(3) - INSUFFICIENT SPECIFICITY IN A PLEADING 34. In cases of oral defamation, or slander, a plaintiff must prove "special harm," unless the defamatory statement is considered slander per se. Pro Golf Mfg. v. Tribune Review Newspaper Co., 570 Pa. 242, 248 (Pa. 2002). 35. "Special harm," in this context, is "pecuniary loss." Brinich v. Jencka, 2000 PA Super 209, 24 (Pa. Super. Ct. 2000). 36. "Pursuant to Pa. R.C.P. No. 1019(f), averments of time, place and items of special damages must be specifically stated. Damages are either general or special. General damages are those that are the usual and ordinary consequences of the wrong 7 done. Special damages are those that are not the usual and ordinary consequences of the wrong done but which depend on special circumstances. General damages may be proven without specifically pleading them; however, special damages may not be proved unless special facts giving rise to them are averred." Hooker v. State Farm Fire & Cas. Co., 880 A.2d 70, 77 (Pa. Commw. Ct. 2005)(citing references omitted). 37. The Plaintiff has failed to specifically plead pecuniary loss as an element of her claim for defamation as required by Pa. R.C.P. 1019(f). 38. The Plaintiff has merely generally alleged she "has suffered, and continues to suffer damages including but not limited to loss of customers, loss of revenue, harm to her reputation, emotional distress and other damages the full extent of which cannot be determined at this point." (Complaint p. 3). 39. This averment does not contain any special facts giving rise to her alleged loss of customers or loss of revenue as required by Pa. R.C.P. 1019(f). 40. Therefore, the Plaintiff has failed to sufficiently plead a claim for defamation and Count I of the Plaintiff's Complaint should be dismissed in its entirety. WHEREFORE, Defendant Kayla Dorang respectfully requests this Honorable Court sustain her Preliminary Objection pursuant to Pa.R.C.P. 1028(a)(3) to Count I Defamation due to its insufficient specificity and to dismiss Count I in its entirety. 8 II. COUNT II - COMMERCIAL DISPARAGEMENT A. PRELIMINARY OBJECTION UNDER PA.R.C.P. 1028(4) - DEMURRER 41. The Plaintiff has failed to sufficiently plead a claim for commercial disparagement. 42. According to the Pennsylvania Supreme Court, "the publication of a disparaging statement concerning the business of another is actionable where: (1) the statement is false; (2) the publisher either intends the publication to cause pecuniary loss or reasonably should recognize that publication will result in pecuniary loss; (3) pecuniary loss does in fact result; and (4) the publisher either knows that the statement is false or acts in reckless disregard of its truth or falsity." Pro Golf Mfg. v. Tribune Review Newspaper Co., 570 Pa. 242, 246 (Pa. 2002). 43. The Plaintiff has failed to allege anywhere in her Complaint that the Defendant, Kayla Dorang, either intended her alleged statements to cause pecuniary loss or that Ms. Dorang reasonably should have recognized that her alleged statements would result in pecuniary loss. 44. The Plaintiff has also failed to allege that Ms. Dorang knew that her alleged statement was false or that Ms. Dorang acted in reckless disregard of her alleged statement's truth or falsity. 45. On the contrary, the Plaintiff has alleged that Ms. Dorang told the Plaintiff that °Dorang believed she contracted Methicillin Resistant Staphylococcus Aureus (MRSA) from Plaintiff's tanning beds." (Complaint p. 1-2, para. 3). 46. The Plaintiff has failed to allege two of the necessary elements of a claim For commercial disparagement. 9 47. Therefore, the Plaintiff has failed to sufficiently plead a claim for commercial disparagement. WHEREFORE, Defendant Kayla Dorang respectfully requests this Honorable Court sustain her Preliminary Objection in the nature of a demurrer to Count Il - Commercial Disparagement of Plaintiff's Complaint pursuant to Pa.R.C.P. 1028(x)(4) and to dismiss Count II in its entirety. B. PRELIMINARY OBJECTION UNDER PA.R.C.P. 10213(3) INSUFFICIENT SPECIFICITY IN A PLEADING 48. The Plaintiff is required to show special harm, i.e. pecuniary loss, as an element of her commercial disparagement claim. Pro Golf Mfq., 570 Pa. at 246. 49. Pennsylvania Rule of Civil Procedure requires that special damages be pled with specificity. Pa. R.C.P. 1019(f)("averments . . . of special damage shall be specifically stated") 50. Federal Rule of Civil Procedure 9(g), "Special Damages", like Pa. R.C.P.1019(f), also requires that an item of "special damage ... be specifically stated." F. R.C.P.9(g). 51. The Federal District Court of the Eastern District of Pennsylvania has stated that, in claims for commercial disparagement: It [is] . . . necessary for the plaintiff to allege either the loss of particular customers by name, or a general diminution in its business, and the extrinsic facts showing that such special damages were the natural and direct result of the false publication. If the plaintiff desire[s] to predicate its right to recover damages under general loss of custom, it should . [allege] facts showing an established business, the amount of sales for a substantial period preceding the publication, 10 and the amount of sales subsequent to the publication, facts showing that such loss in sales were -the natural and probable result of such publication, and facts showing the plaintiff could not allege the names of particular customers who withdrew or withheld their custom. Forum Communications of Nevada Inc. v. P.T. Publishers Inc., 1989 U.S. Dist. LEXIS 3265, 2-3 (E.D. Pa. Mar. 29, 1989). 52. The Plaintiff has failed to specifically plead special damages as an element of her claim for commercial disparagement. 53. The Plaintiff has not alleged the loss of any particular customers by name or alleged facts showing the amount of sales prior to or after the alleged publication. 54. Further, the Plaintiff has not alleged any facts showing that she has suffered pecuniary loss as a result of the alleged defamatory statements. 55. Instead, the Plaintiff has merely generally alleged that she has suffered "loss of customers, loss of revenue," (Complaint p. 3, para. 14), and that she "has suffered actual pecuniary losses." (Complaint p. 4, para. 19). 56. Therefore, the Plaintiff has failed to allege any specific averments of pecuniary loss as required by Pa. R.C.P. 1019(f). 11 WHEREFORE, Defendant Kayla Dorang respectfully requests this Honorable Court sustain her Preliminary Objection pursuant to Pa.R.C.P. 1028(a)(3) to Count II - Commercial Disparagement due to its insufficient specificity and to dismiss Count II in its entirety. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER jeffEVW J. Shipmad, Esquire Attorney I.D. No. 51785 Sarah E. Hoffman Attorney I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant Date: November 5, 2010 :420193 12 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Preliminary Objections to Plaintiffs Complaint have been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 5, 2010: W. Scott Arnoult, Esquire Arnoult Law Office, LLC 14 North Main Street, Suite 314 Chambersburg, PA 17201 JOHNS By: FfIE, STEWART & WEIDNER ARNOULT LAW OFFICE,, LLC 14 NORTH MAIN STREET • SUITE 314 • CHAIBERSBURG, PA 17201 PHONE (717) 261-0645 • FAx (717) 261-0820 Cl o -n W rn rn r ..?' w rn n. C:? _<)P0 o o ?C5 o -0 -:)-n a Z )r rA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Roberta Wheeler, t/d/b/a King's Court Tanning, Plaintiff CIVIL ACTION-LAW No. 10-6542 V. Kayla Dorang, 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 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 claims 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Bar Association Legal Reference Service Telephone: 1-800-692-7375 (PA Only) Or 717-238-6715 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or the hearing. W. Scott Arnoult Pa. Supreme Ct. # 92129 Attorney for Plaintiffs Arnoult Law Office, LLC 14 North Main Street, Suite 314 Chambersburg, PA 17201 (717) 261-0645 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Roberta. Wheeler, t/d/b/a CIVIL ACTION-LAW King's Court Tanning, Plaintiff No. 10-6542 V. Kayla Dorang, Defendant AMENDED COMPLAINT NOW COMES Plaintiff Roberta Wheeler t/d/b/a King's Court Tanning, by and through her undersigned attorneys with the following civil action and averments in support thereof: 1. Plaintiff is an adult individual trading and doing business as King's Court Tanning with a principle place of business located at 208 King Street, Shippensburg, PA 17257 in Cumberland County. 2. Defendant Kayla Dorang is an adult individual residing at 11 Britton Road, Shippensburg, PA 17257 in Cumberland County. 3. On or about September 13, 2010, Defendant Kayla Dorang (hereinafter Defendant Dorang) contacted Plaintiff and stated that Defendant Dorang contracted a "Staph Infection" from Plaintiff's tanning bed #3 and demanded Dorang's money back. 4. On September 13, 2010 Plaintiff informed Dorang that it would be almost impossible for someone to contract a "staph infection" from one of the tanning beds because of the hospital strength cleaning solution used on the tanning beds after every single use by a customer. 5. On September 13, 2010, Defendant Dorang informed Plaintiff that the doctors she saw told Defendant Dorang that she must have contracted a "Staph infection" from Plaintiff's tanning bed. 6. On or about September 13, 2010 Defendant Dorang told Plaintiff that she intended to tell "all 19 of my sorority sisters and anyone else I can to stay away from your business." 7. Defendant's statements that she contracted MRSA from Plaintiff's business were false. 8. In the next several days following the conversation between Defendant Dorang and Plaintiff, Plaintiff was told by several customers who attended Shippensburg University that there was a rumor that someone had been infected with MRSA at Plaintiff's tanning business. 9. In the next several days following the conversation between Defendant Dorang and Plaintiff, Plaintiff was told by a customer who attended high school in the Shippensburg area that she had heard a rumor that someone had been infected with MRSA at Plaintiff's tanning business. 10. On September 16, 2010 Defendant Dorang informed Plaintiff that she was infected with Methicillin Resistant Staphylococcus Aureus (MRSA) from Plaintiff's tanning beds. 11. When Plaintiff asked Defendant Dorang how could she know she contract MRSA from Plaintiff s tanning beds, Defendant Dorang stated that the Doctor she saw told her she might have contracted MRSA from the tanning bed. 12. Defendant Dorang stated that they tested her for MRSA, but that the tests results had not been returned to her yet. 13. Defendant Dorang then stated she was going to continue to tell everyone she could to stay out of Plaintiff's tanning salon and that she was infected with MRSA at Plaintiff's business and further that it was her right to do so under the First Amendment of the United States Constitution. 14. In the next several days, Defendant Dorang then did in fact continue to tell members of her Sorority, Alpha Sigma Tau and others that she was infected with MRSA at Plaintiff's business. 15. The statements made by Defendant Dorang to the effect that she was infected with MRSA at Plaintiff s business were false. 16. Defendant Dorang knew or should have known that the statements to the effect that she was infected with MRSA at the tanning salon were false. 17. Defendant Dorang's statements that Plaintiff's business was a source of MRSA was intended to cause customers to avoid using Plaintiff's goods or services and therefore were intended to cause pecuniary losses to Plaintiff. 18. Defendant Dorang should have reasonably known that her statements about Plaintiff's business regarding MRSA would result in Pecuniary Loss to Plaintiff. 19. Defendant Dorang's statements were at the very least, made recklessly with regard to whether or not they were truthful or not. 20. Third parties hearing statements to the effect that Plaintiff's business is a source of MRSA would reasonably conclude that the statements applied to Plaintiff and her business. 21. In the days that followed, the false statements to the effect that Plaintiff's business was a source of MRSA or substantially similar statements that Plaintiff's tanning beds were contaminated with MRSA and that people should not visit Plaintiff's business to avoid getting infected with MRSA were repeated at a Shippensburg Women's Pan-Helenic Council meeting and to other third parties. COUNT ONE-DEFAMATION 22. Paragraphs one through twenty are incorporated herein as if set forth fully. 23. The statements made by Defendant which allege Plaintiff's business is a source of MRSA and that anyone contracted MRSA from Plaintiff's business are false. 24. The statements made by Defendant which allege Plaintiff's business is a source of MRSA are more than a general disparagement of Plaintiff and are of a type that are particularly harmful to an individual engaged in Plaintiff's business of operating a tanning salon and are therefore defamatory in character. 25. The Statements made by Defendant that Plaintiff's tanning beds are a source of MRSA is a statement that a third party would reasonably conclude that Plaintiff was improperly cleaning tanning beds and therefore subjecting the public to a risk of being infected with MRSA. 26. The statements made by Defendant were applied to the plaintiff directly and to plaintiff's business. 27. Any recipients who heard the defamatory statements from Defendant would understand that the statements made by defendant were intended to be applied to plaintiff and her business. 28. The statements made by Defendants and described herein constitute Per Se defamation. 29. As a result of the false and defamatory statements made by Defendant, Plaintiff has suffered, and continues to suffer damages including but not limited to loss of customers, loss of revenue, harm to her reputation, emotional distress and other damages the full extent of which cannot be determined at this point. 30. Plaintiff has suffered at least a twenty percent decline in the volume of tanning sessions since Defendant Dorang statements about contracting MRSA from Plaintiff's business when compared to previous months and previous years. 31. Plaintiff has seen a reduction in her monthly revenue of between $800.00 to $1,000.00 per month since September 13, 2010. 32. Plaintiff's damages are in excess of the jurisdictional amount for mandatory arbitration. WHEREFORE, Plaintiff seeks judgment against Defendant for Defamation of Plaintiff and request the Honorable Court award damages to Plaintiff for emotional distress, damage to reputation, loss of customers, actual and future damages, attorney fees, any other relief deemed just, and costs from Defendants. COUNT II COMMERCIAL DISPARAGEMENT 33. Paragraphs one through thirty-two are incorporated herein as if set forth fully. 34. The statements referenced in the above paragraphs to the effect that Plaintiff's business is a source of MRSA infection and made by Defendants which allege Plaintiff's business is a source of MRSA are more than a general disparagement of Plaintiff. 35. The statements referenced in the above paragraphs are of a type that are particularly harmful to an individual engaged in Plaintiff s business of operating a tanning salon. 36. Statements alleging that Plaintiff's tanning beds are a source of MRSA imply that Plaintiff does not engage in proper sanitation of her tanning beds. 37. Making statements that imply Plaintiff does not engage in proper sanitation of her tanning beds is particularly harmful to a person engaged in the business of operating a tanning salon. 38. As a result of the statements Defendant made, Plaintiff has suffered actual pecuniary losses as set forth above WHEREFORE, Plaintiff seeks judgment against Defendant for Commercial Disparagement of Plaintiff and request the Honorable Court award damages to Plaintiff for damage to reputation, actual and future damages, attorney fees, any other relief deemed just, and costs from Defendant Respectfully Submitted, W. Scott Arnoult Attorney for Plaintiff Pa. Supreme Court #92129 Arnoult Law Office, LLC 14 North Main Street; Suite 314 (717) 261-0645 VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: Signed: Roberta Wheeler, Plaintiff ARNOULT LAW OFFICE r LLC 14 NORTH MAIN STREET • SUITE 314 • CHAMERSBVRG, PA 17201 PHONE (717) 261-0645 • FAX (717) 261-0820 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Roberta Wheeler, t/d/b/a King's Court Tanning, Plaintiff V. CIVIL ACTION-LAW No. 10-6542 Kayla Dorang, Defendant CERTIFICATE OF SERVICE C_' v:X m ?3> 5;c: a rrnn c-1) I w x?• O N c-? rn_ -v r . MM C) :o 4 -n ?C",) --sue I certify that on this day I sent a copy of the Amended Complaint dated November 30, 2010 via first class mail to the following: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 y / /Al d Date: /C? "V 0?0 r,hr, e L -4 * C, Li a Alter Office Manager Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: hs@jdsw.com ROBERTA WHEELER, t/d/b/a KING'S COURT TANNING, Plaintiff V. KAYLA DORANG, Defendant Attorneys for Defendant i-) iV 1 • ) nnl. Q) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6542 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Roberta Wheeler t/d/b/a King's Court Tanning c/o W. Scott Arnoult, Esquire Arnoult Law Office, LLC 14 North Main Street, Suite 314 Chambersburg, PA 17201 AND NOW, this 21st day of December, 2010, you are hereby notified to file a written response to the enclosed Preliminary Objections within 20 days of the date of service hereof or judgment may be entered against you. B ffer o J. Shipman, squire Date: December 21, 2010 Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: jjs@jdsw.com ROBERTA WHEELER, t/d/b/a KING'S COURT TANNING, Plaintiff V. KAYLA DORANG, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6542 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S AMENDED COMPLAINT PURSUANT TO PA RULE OF CIVIL PROCEDURE 1028 AND NOW, comes Defendant Kayla Dorang, by and through her counsel, Johnson, Duffie, Stewart & Weidner, and files these Preliminary Objections pursuant to Pa.R.C.P. 1028(a)(2)-(4) to Plaintiffs Amended Complaint by respectfully stating the following: 1. On October 14, 2010, the Plaintiff, Roberta Wheeler t/d/b/a King's Court Tanning, filed a Complaint against Defendant Kayla Dorang. 2. On November 8, 2010, Defendant Dorang filed Preliminary Objections to the Plaintiffs Complaint. 3. In response, the Plaintiff filed an Amended Complaint on November 30, 2010. 4. The Plaintiff's Amended Complaint alleges two causes of action, Defamation (Count 1) and Commercial Disparagement (Count 11), against Defendant Dorang. 5. Pennsylvania Rule of Civil Procedure 1028(a) states, in pertinent part: "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds ... (2) failure of a pleading to conform to law or rule of court ... (3) insufficient specificity of a pleading; [and] (4) legal insufficiency of a pleading (demurrer) I1 I. PRELIMINARY OBJECTIONS TO PLAINTIFF'S AVERMENTS REGARDING THE ALLEGED DEFAMATORY OR COMMERCIALLY DISPARAGING STATEMENTS - PURSUANT TO PA R C P 1028(a)(2) and 1028(a)(3) 6. According to Pennsylvania case law, The pertinent question under Rule 1028(a)(3) [insufficient specificity of a pleading] is "whether the complaint is sufficiently clear to enable the defendant to prepare his defense," or "whether the plaintiffs complaint informs the defendant with accuracy and completeness of the specific basis on which recovery is sought so that he may know without question upon what grounds to make his defense." Rambo v. Greene, 906 A.2d 1232,1236 (Pa. Super. Ct. 2006)(quoting Ammlung v. City of Chester, 224 Pa. Super. 47, 302 A.2d 491, 498 n. 36 (Pa. Super. 1973)). 7. Pennsylvania Rule of Civil Procedure 1019(a) states that, "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 8. "A complaint for defamation must allege with particularity the content of the defamatory statements, the identity of the persons making such statements, and the 2 identity of the persons to whom the statements were made." Sylk v. Bernsten, 2003 Phila. Ct. Com. PI. LEXIS 75 (Pa. C.P. 2003)(citing Itri v. Lewis, 281 Pa. Super. 521, 524, 422 A.2d 591, 592 (1980)) 9. "[A]lthough the exact words need not be stated, the complaint must specify the substance of the spoken words; the purport of the spoken words is necessary." Itri v. Lewis, 281 Pa. Super. 521, 524 (Pa Super. Ct. 1980)(holding that a complaint that "merely alleges that the defendant told others that the plaintiff, a married woman, had `an extramarital adulterous relationship' with a particular man" did "not specify the words in substance used by the defendant" and was therefore, "defective.") 10. The words that constitute commercial disparagement must also be specifically plead. Young v. Geiske, 209 Pa. 515, 519 (Pa. 1904). 11. In paragraph 14 of her Amended Complaint, the Plaintiff alleges that "Defendant Dorang then did in fact continue to tell members of her Sorority, Alpha Sigma Tau and others that she was infected with MRSA at Plaintiffs business." 12. However, in other paragraphs, the Plaintiff alleges that the Defendant told the Plaintiff "that she intended to tell others "to stay away from your business." (Amended Complaint, para. 6)(emphasis added). 13. The Plaintiff also alleges that she was informed of rumors "that someone had been infected with MRSA at 'Plaintiffs tanning business." (Amended Complaint, para. 8, 9). 14. In other paragraphs, the Plaintiff also references statements "that Plaintiffs business was a source of MRSA,° (Amended Complaint, para. 17), "statements about Plaintiffs business regarding MRSA," (Amended Complaint, para. 3 18), and "statements alleging that Plaintiffs tanning beds are a source of MRSA," (Amended Complaint, para. 36). 15. In paragraph 21, the, Plaintiff alleged that "Cijn the days that followed, the false statements to the effect that Plaintiffs business was a source of MRSA or substantially similar statements that Plaintiff's tanning beds were contaminated with MRSA and that people should not visit Plaintiffs business to avoid getting infected with MRSA were repeated at a Shippensburg Women's Pan-Helenic Council meeting and to other third parties." (Amended Compl., para. 21). 16. Paragraph 21 does not identify who made the alleged "false statements" at the Shippensburg Women's Pan-Helenic Council meeting. 17. It is unclear from 'reading the Plaintiffs Amended Complaint what particular statement or statements are being attributed to the Defendant. 18. It appears that the Plaintiff intends to attribute any statement involving MRSA and the Plaintiffs business to the Defendant. 19. However, this is impi"oper and objectionable under Pa. R.C.P. 1028(a)(2), as the Plaintiff is required to "allege with particularity the content of the defamatory statements, the identity of the persons making such statements, and the identity of the persons to whom the statements were made." Sylk v. Bernsten, 2003 Phila. Ct. Com. PI. LEXIS 75 (Pa. C.P. 2003)(citin6 Itri v. Lewis, 281 Pa. Super. 521, 524, 422 A.2d 591, 592 (1980)). 20. Further, the Plaintiffs Amended Complaint is not sufficiently clear to enable the Defendant to prepare her defense, and therefore, objectionable under Pa. R.C.P. 1028(a)(3). 4 21. Due to the ambiguity in the Plaintiff's Amended Complaint, the Defendant does not know "without question upon what grounds to make [her] defense." Rambo v. Greene, 906 A.2d 1232, 1236 (Pa. Super. Ct. 2006)(quoting Ammlung v. City of Chester, 224 Pa. Super. 47, 302 &2d 491, 498 n. 36 (Pa. Super. 1973)). 22. The Defendant cannot defend against rumors, statements she allegedly intended to make but was not alleged to have actually made, "substantially similar statements," and general allegations of statements "regarding MRSA." WHEREFORE, Defendant Kayla Dorang respectfully requests this Honorable Court sustain her Preliminary Objection pursuant to Pa.R.C.P. 1028(a)(2) and 1028(a)(3) and require the Plaintiff to file a more specific pleading in which she will "allege with particularity the content of the defamatory statements, the identity of the persons making such statements, and the identity of the persons to whom the statements were made," Sylk v. Bernsten, 2003 Phila. Ct. Com. PI. LEXIS 75 (Pa. C.P. 2003)(citing Itri v. Lewis, 281 Pa. Super. 521, 524, 422 A.2d 591, 592 (1980)). II. PRELIMINARY OBJECTIONS TO PLAINTIFF'S AVERMENTS REGARDING PUBLICATION OF THE ALLEGED DEFAMATORY STATEMENTS - PURSUANT TO PA R C P 1028(a)(2), 1028(a)(3) 23. Further, "[i]t is true that in Pennsylvania the plaintiff in a defamation action must plead with sufficient particularity the identity of persons to whom a defamation was published." Agriss v. Roadway Express Inc., 334 Pa. Super. 295, 311, n. 2 (Pa. Super. Ct. 1984)(citing Spain v. Vicente, 315 Pa.Super. 135, 461 A.2d 833 (1983); Itri v. Lewis, 281 Pa.Super. 521, 422 A.2d 591 ,(1980); Gross v. United Engineers and Constructors, 5 Inc., 224 Pa.Super. 233, 302 A.2d 370 (1973) (allocatur granted July 3, 1973); Raneri v. De polo, 65 Pa.Cmwlth. 183, 441 A.2d 1373 (1982)). "However, the 'particularity' required by these cases can be only such particularity as the facts of the case allow." Id. (citing Dominiak v. National Enquirer, 439 Pa. 222, 266 A.2d 626 (1970); Annot., 42 A.L.R.3d 807, §§ 5-6 (1972)). 24. The Plaintiff alleges in paragraph 14 of her Amended Complaint that the Defendant told her sorority sisters "and others" that she had been infected with MRSA at the Plaintiffs business. (Amended Compl., para. 14). 25. The phrase "and others" does not plead with any particularity the identify of the additional individuals whom the Plaintiff allegedly made the statement to. 26. Further, paragraph 21 also includes a reference to "other third parties." This phrase does not plead with any particularity the identity of the additional individuals whom the Plaintiff is making reference to. 27. The Defendant cannot prepare a defense to these types of allegations because the "others" and "third parties" the Defendant allegedly made statements to are not sufficiently identified as required by Pennsylvania case law. 28. Therefore, phrases such as "and others" and "other third parties" are not sufficiently specific and should be' stricken from the Plaintiffs Amended Complaint for failure of a pleading to conform to law and lack of specificity pursuant to Pa. R.C.P. 1028(a)(2) & (3). 29. In the alternative, the Defendant moves for a more specific pleading. 6 WHEREFORE, Defendant Kayla Dorang respectfully requests this Honorable Court sustain her Preliminary Objection pursuant to Pa.R.C.P. 1028(a)(2) and 1028(a)(3) and phrases such as "and others" and "other third parties" be stricken from the Plaintiff's Amended Complaint .for failure of a pleading to conform to law and lack of specificity pursuant to Pa. R.C.P. 1028(a)(2) & (3). III. PRELIMINARY OBJECTIONS TO PLAINTIFF'S CATCH-ALL AVERMENTS PURSUANT TO PA.R.C.P. 1028(a)(2) AND 1028(a)(3) 30. The Plaintiff alleges, in paragraph 29 of her Amended Complaint, that she has suffered, inter alia, "other damages the full extent of which cannot be determined at this point." (Amended Complaint, p. 5, para. 29). 31. The Plaintiff also requests "actual and future damages" and "any other relief deemed just" in her wherefore clauses. (Amended Complaint, p. 5, 6). 32. These are merely catch-all averments which are insufficiently specific and objectionable pursuant to Pa. R.C.P. 1028 (2), "failure of a pleading to conform to law or rule of court," and 1028(3), "insufficient specificity of a pleading." 33. According to Pennsylvania case law, The pertinent question under Rule 1028(a)(3) is "whether the complaint is sufficiently clear to enable the defendant to prepare his defense," or "whether the plaintiffs complaint informs the defendant with accuracy and completeness of the specific basis on which recovery is sought so that he may know without question upon what grounds to make his defense." Rambo v. Greene, 906 A.2d 1232, 1236 (Pa. Super. Ct. 2006)(quoting Ammluna v. City of Chester, 224 Pa. Super. 47, 302 A.2d 491, 498 n. 36 (Pa. Super. 1973)). 7 34. Pennsylvania Rule of Civil Procedure 1019(a) states, "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 35. The Plaintiff has failed to allege material facts to establish her right to these unknown other damages. 36. The Defendant cannot prepare a defense to these unspecified damages, because the Defendant does not know what these alleged damages are or the material facts upon which the Plaintiffs right to these damages is allegedly based. 37. Further, "[p]ursuant to Pa. R.C.P. No. 1019(f), averments of time, place and items of special damages must be specifically stated. Damages are either general or special. General damages are those that are the usual and ordinary consequences of the wrong done. Special damages are those that are not the usual and ordinary consequences of the wrong done but which depend on special circumstances. General damages may be proven without specifically pleading them; however, special damages may not be proved unless special facts giving rise to them are averred." Hooker v. State Farm Fire & Cas. Co., 880 A.2d 70, 77 (Pa. Commw. Ct. 2005)(citing references omitted). 38. It is unclear from the Plaintiff's Amended Complaint whether the "other damages," "actual and future damages," and "any other relief' requested are special damages that must be specifically plead. 39. These averments are insufficiently specific and objectionable pursuant to Pa. R.C.P. 1028(3) and (4). 8 40. Therefore, catch-all language in the Plaintiff's Amended Complaint which refers to "other damages," "actual and future damages," or "any other relief' should be stricken from the Plaintiffs Amended Complaint. 41. In the alternative, the Defendant moves for a more specific pleading. WHEREFORE, Defendant Kayla Dorang respectfully requests this Honorable Court sustain her Preliminary Objection pursuant to Pa..R.C.P. 1028(a)(3) and strike language in the Plaintiffs Amended Complaint which refers to "other damages," "actual and future damages," or "any other relief." IV. PRELIMINARY OBJECTION PURSUANT PA.R.C.P. 1028(4) - DEMURRER TO PLAINTIFF'S AVERMENT OF DEFAMATION PER SE 42. "Preliminary objections in the nature of demurrer test the legal sufficiency of the plaintiffs complaint. Accordingly, to dispose of a demurrer, the court must examine the complaint to determine whether it sets forth a cause of action that, if proven, would vest the plaintiff with a right to relief . .. The court may sustain the demurrer only where application of the law to the allegations pled demonstrates with certainty that the complaint fails to state a cause of action. Any doubt must be resolved in favor of the plaintiff." Sexton v. PNC Bank, 2002 PA Super 33, 5 (Pa. Super. Ct. 2002)(citing references omitted). 43. When deciding Preliminary Objections in the nature of a demurrer, the Court "must accept all material facts set forth in the complaint as well as all inferences reasonably deducible therefrom as admitted and true and decide whether, based on the 9 facts averred, recovery is impossible as a matter of law." Wiernik v. PHH U.S. Mortg. Corp., 736 A.2d 616, 619 (Pa. Super. 1999), appeal denied, 561 Pa. 700, 751 A.2d 193 (2000). 44. "Courts reviewing preliminary objections may consider not only the facts pleaded in the complaint, but also documents or exhibits attached to the complaint, and based upon the averments and documentary support may address challenges to the legal sufficiency of the complaint." Diess v. Pennsylvania Dept. of Transp., 935 A.2d 895, 903 (Pa. Cmwlth. 2007). 45. However, the Court "need not consider the pleader's conclusions of law or unwarranted inferences from facts, opinions, or argumentative allegations." Wiernik, 736 A.2d at 619. 46. "In an action for defamation, the plaintiff has the burden of proving, when the issue is properly raised: (1) The defamatory character of the communication. (2) Its publication by the defendant. (3) Its application to the,plaintiff. (4) The understanding by the recipient of its defamatory meaning. (5) The understanding by the recipient of it as intended to be applied to the plaintiff. (6) Special harm resulting to the plaintiff from its publication. (7) Abuse of a conditionally privileged occasion." Connor v. Archdiocese of Phila., 601 Pa. 577, 610 (Pa. 2009). 10 47. In paragraph 28 of her Amended Complaint, the Plaintiff alleges that statements made by the Defendant constitute defamation per se. 48. However, the Plaintiff has failed to allege sufficient facts to support her legal conclusion that the statements constitute defamation per se. 49. It appears that the Plaintiff intends to rely on the following rule that "[s]tatements by a defendant imputing to the plaintiff ... conduct incompatible with the plaintiffs business constitute slander per se." Brinich v. Jencka, 2000 PA Super 209, 23 (Pa. Super. Ct. 2000)(citing Restatement (Second) of Torts § 570 (a), (c), § 571, § 573). 50. According to the Restatement, "[o]ne who publishes a slander that ascribes to another conduct, characteristics or a condition that would adversely affect his fitness for the proper conduct of his lawful business, trade or profession, or of his public or private office, whether honorary or for profit, is subject to liability without proof of special harm." Restat 2d of Torts, § 573; see also Gordon v. Lancaster Osteopathic Hosp. Assn, 340 Pa. Super. 253, 260-261 (Pa. Super. Ct. 1985). 51. Comment (g) to this provision of the Restatement provides the following clarification: ... A statement may create liability because it is disparaging of another's products, although it is not actionable as slander per se under the rule stated in this Section. Disparagement of goods may consist of statements that discredit the quality or utility of the goods without in any way reflecting unfavorably on the producer or owner. On the other hand, disparagement of goods may be made under circumstances and in a manner that implies that the manufacturer or vendor is dishonest fraudulent or incompetent. In such a case, the other's business reputation is affected, and the rule stated in this Section is applicable. The rule making actionable a false and unprivileged disparagement of goods primarily protects the owner's interests in the vendibility of the articles (see § 626); whereas the rule stated in this Section protects the owner's personal reputation as a merchant or manufacturer. It may be and frequently does happen that the same statement is actionable both as a disparagement of goods under the 11 rule stated in § 626 and as a personal slander under the rule stated in this Section. Illustrations: 9. A states to B that a tube of a certain brand of toothpaste contains grit. A is not liable to C, the manufacturer of the toothpaste for a personal slander without proof of special harm. 10. A states to B that C, a butcher, knowingly sells meat that is tubercular. A is subject to liability to C for a personal slander without proof of special harm. Comment (e) to Restat 2d of Torts, § 573. 52. The Plaintiffs Amended Complaint alleges that the Defendant told others that "she was infected with MRSA at Plaintiffs business." (Amended Complaint, para. 14). 53. The alleged statement that Defendant Dorang was infected with MRSA at the Plaintiffs business merely contends that the Defendant contracted a disease while at the Plaintiffs establishment. Such a statement does not relate to the Plaintiffs fitness or competency to run her business. 54. In contrast to illustration # 10, the alleged statement does not contend or imply that the Plaintiff knowingly provides tanning facilities contaminated with MRSA. 55. Nor does the alleged statement contend that the Plaintiff was improperly cleaning tanning beds, as argued by the Plaintiff in her Amended Complaint. (Amended Complaint, para. 25). 56. The Plaintiff does not allege that she or her employees clean the beds after every use. At some tanning bed establishments, cleaning products are supplied by the management and customers are responsible for cleaning the tanning bed prior to or after their use. 12 57. The statement allegedly made here is analogous to the Restatement Comment's example 9. 58. The statements allegedly made by the Defendant do not constitute defamation per se. 59. Therefore, the Plaintiff has failed to sufficiently plead a claim for defamation per se and paragraph 28 should be stricken from the Plaintiff's Amended Complaint. WHEREFORE, Defendant Kayla Dorang respectfully requests this Honorable Court sustain her Preliminary Objection in the nature of a demurrer to Plaintiffs averment of defamation per se pursuant to Pa.R.C.P. 1028(a)(4) and to strike paragraph 28 in its entirety. V. PRELIMINARY OBJECTION PURSUANT TO PA RCP 1028(a)(2) FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 60. "The parties to litigation are responsible for their own counsel fees unless otherwise provided by statutory authority, agreement of the parties, or some other recognized exception." Hart v. O'Malley, 2001 PA Super 221, P14 (Pa. Super. Ct. 2001)(citing Equibank v. Miller, 422 Pa. Super. 240, 619 A.2d 336 (Pa. Super. 1993)). 61. The Plaintiff's Amended Complaint alleges two causes of action, defamation and commercial disparagement, and requests attorneys fees as an element of her damages. 62. There is no basis for an award of attorneys' fees for either of these causes of action. 13 WHEREFORE, a request for attorneys' fees does not conform to law and Plaintiffs requests for attorneys' fees should be stricken from the Plaintiffs Amended Complaint. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER 4tt r e r J. S ipma , Esquire rney I.D. No. 51785 Sarah E. Hoffman Attorney I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant Date: December 21, 2010 :425311 14 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Preliminary Objections to Plaintiffs Complaint have been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on December 21, 2010: W. Scott Arnoult, Esquire Arnoult Law Office, LLC 14 North Main Street, Suite 314 Chambersburg, PA 17201 JOHNSON DUFFIE, STEWART & WEIDNER JefVrsoKJ!Shipman ?W1P PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) ------- ------------------------------------------------------------------------------------------------------------ CAPTION OF CASE -- (entire caption must be stated in full) ROBERTA WHEELER dd/b/a ' _ C rya -rj ` KING S COURT TANNING 00 vs. ?. z? cn r" --c r" r- ..o KAYLA DORANG C i ??© No. 10-6542 > ?' ? ?? 1. State matter to be argued (i.e. plaintifFs motion for new trial defendants demu rr o -tf'1 , , complaint, etc.): Preliminary Objections of Defendant to Plaintiffs Amended Complaint -"` 2. Identify all counsel who will argue cases: (a) for plaintiffs: W. Scott Arnoult, Esq., (Name and Address) Arnoult Law Office, LLC, 14 North Main Street, Suite 314, Chambersburg, PA 17201 (b) for defendants: Jefferson J. Shipman, Esq.; Sarah E. Hoffman, Esq. (Name and Address) 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 15, 2011 Jefferson J. Shipman Print your name Defendant Date: May 20, 2011 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument Is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ROBERTA WHEELER, t/d/b/a KING'S COURT TANNING, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KAYLA DORANG, DEFENDANT NO. 10-6542 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS, J. AND EBERT, J. ORDER OF COURT b - ?? c' r err -<> Ln cn? rx ?cD <CD ter, 6-n X- c X- 5:c ° C) ? Cn AND NOW, this 25t" day of August, 2011, upon consideration of Defendant's Preliminary Objections, the Plaintiff's Response thereto, the briefs filed by the Parties and after oral argument, IT IS HEREBY ORDERED AND DIRECTED that: 1. The Defendant's Preliminary Objection to the Plaintiff's Request for Attorney's fees is SUSTAINED. Plaintiff's request for Attorney's fees shall be stricken from the Plaintiff's Amended Complaint. 2. The Defendant's remaining Preliminary Objections are OVERRULED. 3. Defendant shall answer the Plaintiff's Complaint within 20 days of this Order. By the Court, ?1"4 M. L. Ebert, Jr., ,/W. Scott Arnoult, Esquire Attorney for Plaintiff Jefferson Shipman, Esquire Attorney for Defendant Mp,i led 4i,s; 1i 8146 bas J. JOHNSON, ®UFFIE, STEWART $WEIDNER By: Julia A. Phillips, Esquire I.D. No. 307256 301 Market Street P. O. Box '109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com ROBERTA 'WHEELER, t/d/b/a KING'S COURT TANNING, Plaintiff v. KAYLA DORANG, Cefendant IN THE COURT ~OF COMMON PLEAS OF CUMBERLAI`1D COUNTY, PEN"~SYLVAi`lIP. NO. '10-6542 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE APPEARANCE TO THE PROTHONOTARY: Please substitute the appearance of Julia A. Phillips, Esquire of Johnson, Duffle, Stewart & Weidner, P.C., as the attorney for Defendant, Kayla Dorang, in the above-captioned matter. JOHNSON, DUFFIE, STEWART &WEIDNER r''"` _ , BY: " la .Phil ps, uire A r y I.D. 7256 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 751-4540 Date: October 19, 2012 Attorneys for Defendant, Kayla Dorang Qc~ z2 Pn ~~ ~~ 1!1 *~Ty ifF~ Attorneys for Defendant 521337 CERTIFICATE OF SERVICE AND NOW, this 19th day of October, 2012, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe to Substitute Appearance upon all counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: W. Scott Arnoult, Esquire 14 North Main Street, Suite 314 Chambersburg, PA 17201 (Counsel for Plaintiffs) JOHNSON, DUFFIE, STE=WART & WEIDNER ,_-~, . ~ BY: Ju{i Phillip ~._ 521337 2 t"j f' I3 F? 20 A„H 1tl: , iBLitiLtAP J ' ' +i ROBERTA WHEELER, t/d/b/a KING'S COURT TANNING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6542 CIVIL V. KAYLA DORANG, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this k ??hday of 00 , 2013, upon consideration of the foregoing Motion of Defendant to Withdraw all Tax Documents filed with Exhibit B to her Motion to Compel Plaintiff's Full and Complete Responses to Request for Production of Documents, and any response filed thereto, it is hereby ORDERED that the Motion is GRANTED. All tax documents filed with the Defendant's Motion to Compel as included in Exhibit B shall be withdrawn from the Motion and purged. BY THE COURT: J. Distribution ,/ • Scott Arnoult, Esquire, 14 North Main Street, Suite 314, Chambersburg, PA 17201; telephone (717) 261-0645; facsimile (717) 261-0820 (Counsel for Plaintiff) i Julia A. Phillips, Esquire, Johnson, Duffie, Stewart & Weidner, P.O. Box 109, 301 Market Street, Lemoyne, PA 17043-0109; telephone (717) 761-4540; facsimile (717) 761-3015; E-Mail: jap@jdsw.com (Counsel for Defendant) P80 r , 13 IEP '4 p1l 1: i 4 U MBER ENNS YL A OU r Y JOHNSON, DUFFIE, STEWART&WEIDNER By: Julia A. Morrison, Esquire I.D. No. 307256 Attorneys for Defendant, 301 Market Street Kayla Dorang P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 E-Mail: jam @jdsw.com ROBERTA WHEELER, t/d/b/a IN THE COURT OF COMMON PLEAS OF KING'S COURT TANNING, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-6542 CIVIL V. CIVIL ACTION — LAW KAYLA DORANG, JURY TRIAL DEMANDED Defendant DEFENDANT'S MOTION FOR STATUS CONFERENCE AND NOW, comes the Defendant, Kayla Dorang, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files this Motion for Status Conference to ask this Honorable Court to assist the parties in setting deadlines towards the timely and amicable completion of this case, and in support thereof, states as follows: 1. This matter arises out of an alleged defamatory statement uttered by the Defendant alleging that she contracted MRSA at the Plaintiffs tanning salon. 2. The Plaintiff filed this lawsuit against the Defendant alleging both defamation and commercial disparagement on October 14, 2010. 3. After the filing of Preliminary Objections and a hearing on the same, the Plaintiff filed her Amended Complaint on November 30, 2010. 4. On February 28, 2012, the Defendant forwarded Interrogatories and a Request for Production of Documents directed to the Plaintiff. On May 25, 2012, two months after the timeframe provided by the Pennsylvania Rules of Civil Procedure for the production of discovery responses, Plaintiff's counsel forwarded his client's Response to the Defendant's Request for Production of Documents. 5. Upon review of the Plaintiff's discovery responses, the undersigned observed various inadequacies with the Plaintiff's responses and formally requested a discovery supplement on August 24, 2012. 6. The Plaintiff's deposition was thereafter noticed and taken on October 8, 2012,' during which additional items for production were identified and formally requested. 7. On October 11, 2012, the undersigned forwarded correspondence to Plaintiff's counsel requesting not only the documents previously left out from the Plaintiff's discovery requests, but also the additional items requested during the Plaintiff's deposition. 8. When nothing was produced in response to the August 24, 2012 and October 11, 2012 correspondence, the undersigned forwarded another letter to counsel dated December 18, 2012 suggesting that Motions practice would result if he failed to respond. To that end, the Defendant filed her Motion to Compel on February 8, 2013. 9. The Defendant's Motion to Compel was granted by the Honorable Judge M. L. Ebert, Jr. on February 15, 2013. I , 10. Plaintiff's Counsel forwarded his client's supplemental discovery responses on March 18, 2013. 11. However, once the undersigned had the opportunity to review the supplemental material, she continued to be without documentation and forwarded another letter to Plaintiffs counsel on March 26, 2013 identifying items which were ordered by the Court and not produced, and seeking clarification on other items. 12. Since March 26, 2013, the undersigned has scheduled and deposed additional witnesses. While Plaintiff's counsel has indicated on various occasions his interest in scheduling witness depositions, he has not done so. 13. Further, when the parties met on June 28, 2013 to complete one of the Defendant's witness depositions, Plaintiff's counsel identified books of tanning schedules that he stated he would copy and produce but now more than two months have passed and those books have not been produced. 14. The Defendant intends to file a dispositive motion in this case and indicated that intention to Plaintiff's counsel initially via letter dated April 24, 2013, suggesting that he complete whatever discovery he requires so the Defendant's Motion will not face objection on the grounds of incomplete discovery. 15. The Defendant made further attempts to resolve these discovery issues and further this case by way of depositions and completion of discovery via correspondence to Plaintiff's counsel dated June 10, 2013, June 27, 2013 and August 7, 2013. 16. Defendant files this Motion for Status Conference to ask this Honorable Court to bring the parties together to discuss this matter and to set deadlines for the L , completion of discovery, taking of witness depositions, exchange of expert reports, filing of dispositive motions, and for setting this case down for arbitration/trial. 17. Pursuant to Local Rule 208.2(d), the concurrence of Plaintiffs counsel to this Motion was sought via faxed correspondence on August 29 2013. Plaintiff's counsel did not respond. 18. The Honorable M. L. Ebert, Jr., had previous involvement with this case as he heard the Defendant's Preliminary Objections and ruled on the Defendant's Motion to Compel. WHEREFORE, the Defendant, Kayla Dorang, respectfully requests this Honorable Court enter an Order scheduling a Status Conference to assist the parties in coming to an amicable and timely resolution of this matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: Julia . Morrison, Esquire Attorney I.D. No. 307256 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 E-Mail: jam @jdsw.com Attorneys for Defendant, Kayla Dorang DATE: September 3, 2013 CERTIFICATE OF SERVICE AND NOW, this 3rd day of September, 2013, the undersigned does hereby certify that she did this date serve a copy of the foregoing DEFENDANT'S MOTION FOR STATUS CONFERENCE upon all counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: W. Scott Arnoult, Esquire 14 North Main Street, Suite 314 Chambersburg, PA 17201 (Counsel for Plaintiffs) JOHNSON, DUFFIE, STEWART & WEIDNER BY: Julia . Morrison :577406 ROBERTA WHEELER, t/d/b/a IN THE COURT OF COMMON PLEAS OF KING'S COURT TANNING, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-6542 CIVIL MM cn V. CIVIL ACTION - LAW M KAYLA DORANG, JURY TRIAL DEMANDED Ems, Defendant c =Q ORDER AND NOW this day of , 2013, upon consideration of the Defendant's Motion for Status Conference, a Status Conference is scheduled in this matter for 01� , 2013 at (�?, cSC,> o'clock-A, .m., in Courtroom No. of the Cumberland County Courthouse. BY THE COURT: J. Distribution List: ✓• W. Scott Arnoult, Esquire, ARNOULT LAW OFFICE, LLC, 14 North Main Street, Suite 314, Chambersburg, PA 17201, (717) 261-0645 (tel), (717) 261-0820 (fax), ounsel for Plaintiff Julia A. Morrison, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, PO Box 109, Lemoyne, PA 17043; (717) 761-4540 (tel), (717) 761-3015 (fax), Counsel for Defendant Cof � r ROBERTA WHEELER IN THE COURT OF COMMON PLEAS OF T/D/B/A CUMBERLAND COUNTY, PENNSYLVANIA KINGS COURT TANNING, PLAINTIFF tT7C s _ D —i "In _ • �1` CrJ :�r KAYLA DORANG c a DEFENDANT NO. 10-6542 CIVIL r-n IN RE: DEFENDANT'S MOTION FOR STATUS CONFERENCE ORDER OF COURT AND NOW, this 291h day of October, 2013, upon consideration of Defendant's Motion for Status Conference, IT IS HEREBY ORDERED AND DIRECTED that: 1. All discovery in this matter shall be completed on or before December 31, 2013. 2. Plaintiff's expert reports shall be filed on or before January 31, 2014. Defendant's expert reports responding to the Plaintiff's expert reports shall be filed on or before March 14, 2014. 3. Any dispositive motions, if applicable, shall be filed on or before March 21, 2014. These motions will be set down for argument on or before April 18, 2014. Argument on the motions will be held during the May 9, 2014, Argument Court. 3. Any Motions in Limine'shall be filed on or before by June 13, 2014. Any responses thereto shall be filed by June 27, 2014 4. The case shall be set down for trial on or before May 26, 2014. 5. The Plaintiff shall call this case for trial during the call of the civil trial list scheduled for June 17, 2014 trial term. 6. Pre-trial Conference for this case will be held on July 2, 2014. 7. Trial in the matter will be held beginning July 14, 2014. By the Court, t U4 M. L. Ebert, Jr., J. Scott Arnoult, Esquire Attorney for Plaintiff Julia A. Morrison, Esquire Attorney for Defendant bas I�ES 024a<< i o 3o/i3 CF f lE PROTt OHOTARY 2 t4Ati -9 All tO� I7 C,tiCAl LARD COUNTY PENNSYLVANIA JOHNSON, DUFFIE, STEWART&WEIDNER By: Julia A. Morrison, Esquire I.D. No. 307256 Attorneys for Defendant, 301 Market Street — P. O. Box 109 Kayla Dorang Lemoyne, PA 17043-0109 (717) 761-4540 E-Mail: jam @jdsw.com ROBERTA WHEELER, t/d/b/a : IN THE COURT OF COMMON PLEAS OF KING'S COURT TANNING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 10-6542 CIVIL v. : CIVIL ACTION — LAW KAYLA DORANG, : JURY TRIAL DEMANDED Defendant MOTION FOR SUMMARY JUDGMENT OF DEFENDANT, KAYLA DORANG AND NOW, comes the Defendant, Kayla Dorang, by and through her attorneys, Johnson, Duffie, Stewart &Weidner, and files this Motion for Summary Judgment: I. BACKGROUND 1. This matter arises out of an alleged defamatory statement allegedly uttered by the Defendant that she contracted MRSA at the Plaintiffs tanning salon. 2. The Plaintiff filed this lawsuit against the Defendant alleging both defamation and commercial disparagement on October 14, 2010. 3. After the filing of Preliminary Objections and a hearing on the same, the Plaintiff filed her Amended Complaint on November 30, 2010. 4. The Defendant files this Motion for Summary Judgment because the Plaintiff is unable to satisfy all elements necessary to maintain either cause of action. II. SUMMARY JUDGMENT STANDARD 5. Pennsylvania Rule of Civil Procedure 1035.2 governs motions for summary judgment and states in relevant part: (A)ny party may move for summary judgment in whole or in part as a matter of law: 1. whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or 2. if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. Pa. R.C.P. 1035.2 (1996). 6. The purpose of Rule 1035.2 "...is to eliminate cases prior to trial where a party cannot make out a claim or defense after relevant discovery has been completed." Pa. R.C.P. 1035.2 (1996) (Explanatory Comment). III. ARGUMENT 7. Summary Judgment should be entered if it is clear that the Plaintiff is unable to satisfy an element of her cause of action. See Golewski v. Pars Manufacturing Co., 597 A.2d 106 (Pa. Super. 1991). 8. In this case, the Plaintiff is unable to maintain either cause of action asserted against the Defendant, defamation or commercial disparagement. A. THE PLAINTIFF CANNOT MAKE OUT A PRIMA FACIE CASE OF DEFAMATION. 9. The elements necessary for the Plaintiff to prove her defamation suit include: 2 1. The defamatory character of the communication; 2. Its publication by the Defendant; 3. Its application to the Plaintiff; 4. The understanding by the recipient of its defamatory meaning; 5. The understanding by the recipient of it as intended to be applied to the Plaintiff; 6. Special harm resulting to the Plaintiff from its publication; and 7. Abuse of a conditionally privileged occasion. See 42 Pa. C.S.A. §8343(a) (emphasis added); Pelagatti v. Cohen, 536 A.2d 1337, 1345 (Pa. Super. 1987); Miketic v. Baron, 675 A.2d 324, 327 (Pa. Super. 1996). 10. The publication must have been maliciously or negligently made. See 42 Pa. C.S.A. §8344. 11. The threshold question is whether the communication is capable of a defamatory meaning, a question of law for the Court to decide. See Baker v. Lafayette College, 504 A.2d 247, 251 (Pa. Super. 1986); Green v. Mizner, 692 A.2d 169, 172 (Pa. Super. 1997); Agriss v. Roadway Express, Inc., 483 A.2d 456, 461 (Pa. Super. 1984). 12. A communication is defamatory if it is intended to harass the reputation of another so as to lower him or her in the estimation of the community or if it tends to deter third parties from associating or dealing with him or her. See Walker v. Grand Central Sanitation, Inc., 634 A.2d 237, 240 (Pa. Super. 1993). 13. However, mere expressions of opinion are non-actionable unless the opinion implies undisclosed facts which are capable of a defamatory meaning. See Constantino v. The Univ. of Pittsburgh, 766 A.2d 1265, 1270 (Pa. Super. 2001); Green v. Mizner, 692 A.2d 169, 174 (Pa. Super. 1997); Restatement (Second) of Torts §566. 3 14. A simple expression of opinion based on disclosed or assumed nondefamatory facts is not itself sufficient for an action of defamation, no matter how unjustified and unreasonable the opinion may be or how derogatory it is. Green v. Mizner, 692 A.2d 169, 174 (Pa. Super. 1997) (quoting Restatement (Second) of Torts §566, Comment (c)); Dougherty v. Boyertown Times, 547 A.2d 778, 785 (Pa. Super. 1988) 15. As for the first element, the defamatory character of the communication, the Defendant alleged in her Answer with New Matter that she was informed by her physician that it was possible that she contracted MRSA from a tanning bed, that there was no other reasonable explanation regarding where she contracted MRSA, that she reasonably believed she contracted MRSA at the Plaintiffs establishment and that it was her opinion that she contracted MRSA at the Plaintiffs tanning establishment. See Answer with New Matter at¶¶44-48. 16. For clarification, the Defendant did not definitely state to others that she contracted MRSA at the Plaintiffs tanning facility; rather, the Plaintiff herself testified that the Defendant stated that it was only a possibility that she contract MRSA at King's Court Tanning, based upon information from her physician. 17. More specifically, the Plaintiff testified at her deposition on September 8, 2012, to the following: Q: When she [the Defendant] mentioned that she developed a staph infection, did she say that the doctor said it is possible that she contracted it at your office? (Exhibit A at 10:22-25) A: Yes. (11:1) Q: So it wasn't ["]l developed it from your offices?["] (11:2-3) A: Right. (11:4) 4 Q: It was possible? (11:5) A: Possible, yes. (11:6) A: I asked her why she thought she got it from my tanning salon and she told me that the doctor at the Emergency Room asked her where she had been recently, different places that she frequented, and the only place she could think of was the tanning salon and so she told him that and he said that would be a possibility that she could have gotten it from my salon. (24:3- 11) Q: When Kayla spoke to you she didn't say that she contracted MRSA. She said it is possible I contracted MRSA, correct, at your salon? (26:22-25) A: If my memory served me she said it was possible, yes, if my memory serves me correct. (27:1-3) (A true and correct copy of relevant portions of the Plaintiffs deposition transcript is attached hereto as Exhibit A). 18. The Defendant's simple expression of her opinion that she contracted MRSA at the Plaintiffs salon was based upon disclosed facts that she had been at the Plaintiffs establishment, was diagnosed with MRSA and was later informed by her physician that tanning beds were possible carriers for the infection. See Exhibit A at 24:3-11. 19. Therefore, the Defendant's alleged comment was not defamatory in nature and is not actionable. 20. As for publication of the Defendant's opinion that she contracted MRSA at the Plaintiffs facility, the Defendant gave testimony on May 31, 2013 as follows: Q: Did you tell anyone that you got MRSA from — (Exhibit B at 12:12-13) A: I did not say directly where I got the infection from, no. (12:14-15) Q: Did you tell Roberta Wheeler, the owner of this place, that you were going to tell everyone you knew that you got MRSA from her? (12:16-18) A: I did not. (12:19) 5 A Q: So to be clear, you didn't tell anybody at your sorority that you got MRSA from King's Court Tanning? (15:3-5) A: I did tell my sorority that I had MRSA. I was not clear on where I got it from, no. (15:6-7) Q: You never told them that you got it at King's Court Tanning? (15:8-9) A: No. (15:10) Q: If you had sorority sisters that would remember that you told them that you got it — got MRSA at King's Court Tanning, where would they get that idea? (15:11-14) A: I'm assuming because that's where I went to tan. I mean that's where in my mind after hearing that I could get it from a tanning salon, that's where I thought that I got it from. I did not go around and say I know I got it from there. (15:17-22) Q: Did you say I think I got it at King's Court Tanning? (23:13-14) A: No. If they understood that that's where I was going, then possibly. (23:15- 16) Q: Possibly, you might have said that? (23:17) A: That they would understand that's where I got it from, or where I am assuming that I got it from. (23:18-20) (A true and correct copy of relevant portions of the Defendant's deposition transcript is attached hereto as Exhibit B). 21. The Plaintiff herself admitted that the Defendant never explicitly told her that she was going to tell her sorority sisters not to visit the Plaintiffs salon because of MRSA. See Exhibit A at 25:5-8. 22. The Plaintiff also admitted that she had no information on the source of the rumors that her salon was a source of MRSA (Exhibit A at 24:12-17; 28:5-7) and had no information on anyone that the Defendant told she had MRSA (Exhibit A at 93:11-13). 6 23. Instead, the Plaintiff testified that the Defendant spread defamatory comments that she was infected with MRSA at King's Court tanning to her sorority sisters "with an e-mail." (See Exhibit A at 30:16-20). (A true and correct copy of the September 19, 2013 email is attached hereto as Exhibit C). 24. However, the Plaintiff admitted that she did not know who sent the email (Exhibit A at 33:24-25), that nowhere in the email did it indicate that the Defendant actually made the statement at the Pan Hellenic meeting (36:20-23), that she had no idea who made the statement (36:24-37:1), that she had never been told who made the statement, and that she did not know whether the statement was made with the Defendant's approval. (37:3-9). 25. When the Defendant was questioned as to whether she was present at the Pan Hellenic meeting from which the email was generated, she definitely testified that she was not. (Exhibit B at 14:5-7). She further testified that she did not tell anyone to tell others at the meeting to worry about King's Court Tanning, nor did she have any idea where they would have gotten the information about MRSA to put it in the email. (Exhibit B at 8-14). 26. A sorority sister who actually did attend the Pen Hellenic meeting, Jennifer Visconti testified relative to the email during her deposition on May 31, 2013. (True and correct portions of Ms. Visconti's deposition transcript are attached hereto as Exhibit D). 27. Ms. Visconti testified that she was on the Pan Hellenic Counsel as the Public Relations Chair (Exhibit D at 12:14-16) and that the September 19th email was from a September 15th meeting (15:4-5; 17-24) and was sent not by the Defendant but by the Recording Secretary, Adrienne Potani (16:3-13). 7 28. Regarding the origin of the information relative to MRSA and King's Court Tanning, Ms. Visconti testified as follows: Q: Underneath that there's in parentheses (BE AWARE THAT KING'S COURT TANNING IS POTENTIALLY A CARRIER FOR MRSA.) Where it says public relations, no report, why then do you think that that next paragraph appears? (Exhibit D at 17:13-17) A: At the end of the meeting, we had a portion where we would speak about different community news, you know, lock your doors at night because something is going on here or whatever. At that time, I had said how you should be careful about wiping down your tanning beds before and after each use because you don't know who has been in them before you. (17:18- 24) Q: Was there any reason that you had made that announcement generally be careful of wiping down your tanning beds? (18:1-2) A: It was recently after I had taken Kayla to the hospital. (18:3-4) Q: Was Kayla at this meeting? (18:8) A: No. (18:9) Q: Was MRSA even discussed during the general conversation that the sorority sisters were having? (19:6-7) A: No. I had said to wipe down the beds because you don't know who has been in the bed before you. One of my sisters has a staph infection. (19:8- 10) Q: Did Kayla direct you or ask you to make that comment? (21:1-2) A: No. (21:3) 29. Therefore, it is clear that no defamatory statement was made and even so, that the Defendant did not herself utter the statement, that there is no evidence that the Defendant uttered the statement and that the email publication of the alleged defamatory comment was not made by the Defendant, nor published at her direction. 8 30. The Plaintiff is blatantly unable to make out all elements necessary for the cause of action in defamation and the same must then fail. DEFENSES TO A CLAIM OF DEFAMATION 31. Where defamation is alleged, the Defendant has available defenses and the burden of proof thereof including: (1) the truth of the defamatory communication; (2) the privileged character of the occasion on which it was published; or(3) the character of the subject matter of defamatory comment is of public concern. See 42 Pa. C.S.A. 8343(b); Miketic v. Baron, 675 A.2d 324, 327 (Pa. Super. 1996). 32. Our Superior Court stated that: Communications made on a proper occasion, from a proper motive, in a proper manner, and based upon reasonable cause are privileged. ... An occasion is conditionally privileged when the circumstances are such as to lead any one of several persons having a common interest in a particular subject matter correctly or reasonably to believe that facts exist which another sharing such common interest is entitled to know. ... Thus, proper occasions giving rise to a conditional privilege exist when (1) some interest of the person who publishes defamatory matter is involved; (2) some interest of the person to whom the matter is published or some other third person is involved; or (3) a recognized interest of the public is involved. ... Once a matter is deemed conditionally privileged, the Plaintiff must establish that the conditional privilege was abused by the Defendant. ... Abuse of a conditional privilege is indicated when the publication is actuated by malice or negligence, is made for a purpose other than that for which the privilege was given, or to a person not reasonably believed to be necessary for the accomplishment of the purpose of the privilege, or includes defamatory matter not reasonably believed to be necessary for the accomplishment of the purpose. Miketic v. Baron, 675 A.2d 324, 329 (Pa. Super. 1996) (emphasis added). 1. Defense: Truth of the utterance 33. Defamatory words will not provide a basis for recovery where the words are true; truth is a complete and absolute defense to a civil action for defamation. Pelaqatti v. Cohen, 536 A.2d 1337, 1345-46 (Pa. Super. 1987). 9 34. Whether a particular statement is opinion or fact is a question of law for the trial court. See Green v. Mizner, 692 A.2d 169, 174 (Pa. Super. 1997). 35. In this case, the Defendant plead in her Answer with New Matter that "any statements allegedly made by Ms. Dorang are true, and therefore, are not actionable." See Answer with New Matter at¶50. 36. The Defendant's medical and tanning records provide evidence that the Defendant did contract MRSA at the Plaintiffs tanning facility. 37. For one, the Defendant's tanning cards indicate that she tanned at the Plaintiffs establishment on two occasions prior to her diagnosis of MRSA, on September 7th and 8th, 2010. (A true and correct copy of the Defendant's tanning card is attached hereto as Exhibit E). 38. The Defendant's medical records with Chambersburg Hospital indicate that she presented to the ER on September 13, 2010 with an abscess to her left buttock that started one week earlier that was later diagnosed as MRSA. (A true and correct copy of the September 13, 2010 ER record is attached hereto as Exhibit F). 39. Regarding the truth of the matter, the Plaintiff testified that she alleged that it was false that the Defendant contracted MRSA at her salon "upon a gut feeling" (Exhibit A at 26:15-19) but that she did not have her tanning beds tested nor did she have any documentation to prove that the Defendant did not contract MRSA at her salon (Exhibit A at 26:7-14). It was just her "opinion" that the Defendant did not contract MRSA at her salon. See Exhibit A at 38:23-39:3. 10 2. Defense: Privileged character of the occasion 40. A publisher of a defamatory comment is not liable if the statement was made subject to a conditional privilege and the privilege was not abused. See Am. Future Sys. v. Better Bus. Bureau, 872 A.2d 1202, 1210 (Pa. Super. 2005). 41. "Communications made on a proper occasion, from a proper motive, in a proper manner, and based upon reasonable cause are privileged. ... An occasion is conditionally privileged when the circumstances are such as to lead any one of several persons having a common interest in a particular subject matter correctly or reasonably to believe that facts exist which another sharing such common interest is entitled to know." Miketic v. Baron, 675 A.2d 324, 329 (Pa. Super. 1996) (emphasis added). 42. It is a question of law whether a privilege applies in a given case. See Miketic v. Baron, 675 A.2d 324, 327 (Pa. Super. 1996), quoting Montgomery v. City of. Philadelphia, 140 A.2d 100 (Pa. 1958). 43. Once the issue of conditional privilege is raised by a Defendant who has been sued by a private figure concerning matters which the Plaintiff believes is not of public concern, the burden is on the Plaintiff to establish abuse of the conditional privilege in "want of reasonable care and diligence to ascertain the truth" or negligence. See Am. Future Sys. v. Better Bus. Bureau, 872 A.2d 1202, 1211 (Pa. Super. 2005) (quoting Matus v. Triangle Publications, Inc., 286 A.2d 357, 365 (Pa. 1971). 44. Here, it is clear that the circumstances are such that the Defendant believed that her sorority sisters shared a common interest with her, i.e. protection from staph 11 infections and that the circumstances of her infection was information that those sisters were entitled to know. 45. On that, Ms. Dorang testified that she recalled informing the sorority sisters in her house that she had a staph infection because they were living in the same house and she did not want anyone else to be infected, "for their own health protection." See Exhibit B at 31:9-18; 35:12-17; 46:2-7. 46. In fact, Ms. Visconti testified similarly in that she notified the sorority members at the Pan Hellenic meeting: "I had said to wipe down the beds because you don't know who has been in the bed before you. One of my sisters has a staph infection." See Exhibit D at 19:8-10. 47. Therefore, any communication made by the Defendant was made on a proper occasion and from a proper motive and based upon reasonable cause as she reasonably understood that her sorority sisters had interests in common with hers. 48. Once the issue of conditional privilege is raised by a Defendant, the burden is on the Plaintiff to establish abuse of the conditional privilege in "want of reasonable care and diligence to ascertain the truth" or negligence. See Am. Future Sys. v. Better Bus. Bureau, 872 A.2d 1202, 1211 (Pa. Super. 2005) (quoting Matus v. Triangle Publications, Inc., 286 A.2d 357, 365 (Pa. 1971). 49. The Plaintiff has not produced any evidence to support her burden to establish abuse of the Defendant's conditional privilege for publication in terms of lack of diligence to ascertain the truth of the information upon which the alleged defamatory statement was based. 12 3. Defense: Character of comment is of public concern 50. Speech on matters of public concern is "at the heart of the First Amendment's protection." Am. Future Sys. v. Better Bus. Bureau, 872 A.2d 1202, 1211 (Pa. Super. 2005) (quoting Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749, 759 (1984). 51. A conditional privilege arises when a recognized pubic interest is involved. See Am. Future Sys. v. Better Bus. Bureau, 872 A.2d 1202, 1210 (Pa. Super. 2005). 52. Whether speech addresses a matter of public concern must be determined by its content, form, and context, as evidenced by the entire record. Am. Future Sys. v. Better Bus. Bureau, 872 A.2d 1202, 1211 (Pa. Super. 2005). 53. In this case, the Defendant alleged in her Answer with New Matter that "public health issues, including the existence of an infectious disease like a staph infection or MRSA at a tanning bed establishment, are matters of public concern," that "members of the public have a right to know about possible public health issues," and that "any statements allegedly made by Ms. Dorang involved a matter of public concern." See Answer with New Matter at 7151-53. 54. Ms. Dorang has consistently denied telling any of her sorority sisters where she believed she contracted MRSA (besides those friends who were with her at the various medical facilities and participated in conversations with doctors and/or nurses about possible carriers of MRSA) (See Exhibit B at 23:3-12; 23:23-25); however, where she may have expressed her opinion that she may have contracted MRSA at the Plaintiffs tanning salon, that matter would certainly be one of public concern for the members of her sorority who also frequented the Plaintiffs establishment. 13 55. The Plaintiff herself stated that "When the students are in they are like 85 percent of my business..." (Exhibit A at 44:18-19). 56. Ms. Visconti likewise testified that King's Court Tanning was a popular tanning spot in the area (Exhibit D at 8:24-9:5) including with her sorority sisters (9:9-16). 57. Therefore, it is clear that if the Defendant did utter defamatory comments (which is denied), then those utterances were truthful, made on a privileged occasion and were a matter of public concern for the members of her household and sorority who themselves tanned at the Plaintiffs establishment and that the Plaintiff has not satisfied her burden of proving abuse of the Defendant's conditional privilege. B. THE PLAINTIFF CANNOT MAKE OUT A PRIMA FACIE CASE OF COMMERCIAL DISPARAGEMENT. 58. The tort of commercial disparagement requires the Plaintiff to prove that: (1) the statement is false; (2) the publisher either intended the publication to cause pecuniary loss or reasonably should recognize that publication will result in pecuniary loss; (3) that pecuniary loss does in fact result; and (4) that the publisher either knows that the statement is false or acts in reckless disregard of its truth or falsity. See Pro Golf Mfg., Inc. v. Tribune Review Newspaper Co., 761 A.2d 553, 555-556 (Pa. Super. 2000); Menefee v. Columbia Broadcasting Sys., Inc., 329 A.2d 216, 219-20 (Pa. 1974). 59. Here, the Defendant claims that the statement that she contracted MRSA at the Plaintiffs tanning salon is a matter of pure opinion but based upon the facts that she used a lay-down tanning bed at the Plaintiffs salon, developed MRSA on her left buttock, 14 and was informed by her nurses and/or physicians that tanning beds are potentially carriers of MRSA, that the statement is true. 60. The Plaintiff has provided nothing other than testimony that it was her "gut feeling" and "opinion" that the Defendant did not contract MRSA at her salon; therefore, she has not proven that the alleged defamatory statement is false. 61. Further, there is no testimony or evidence of any kind that the Defendant intended to cause the Plaintiffs business any pecuniary loss. In fact, the Defendant testified to the contrary: Q: After you came home and you called her [the Plaintiff] and you were upset, you didn't want to hurt her business? (Exhibit B at 45:21-22) A: No. I felt that she was very unprofessional in the way that she handled the situation. But as I stated earlier, my main concern was getting the medication for the pain that I was in. (45:23-46:1) Q: Okay. You weren't concerned about keeping others safe? (46:2-3) A: Yeah. That's why I informed my sorority that I was infected so they were aware. (46:4-5) Q: And you didn't tell them where you got it? (46:6) A: No. (46:7) 62. Still further, to recover under a claim for commercial disparagement the Plaintiff must prove that the Defendant knew the statement was false, or acted in reckless disregard of its truth or falsity. 63. There is absolutely no evidence of record that the Defendant made any statements relative to the contraction of MRSA at the Plaintiffs tanning facility knowing that such a statement was false (in fact the Defendant testified that it was her opinion based upon a reasonable understanding of the facts surrounding her infection that she 15 contracted MRSA at the Plaintiffs business) or that she acted in reckless disregard of its truth or falsity (having reasonably testified that she relied upon the information provided by her nurses and/or physicians that tanning beds were potential carriers for MRSA and linking her recent use of a tanning bed to her diagnosis). 64. Without evidence to satisfy her burden of proof on all elements of the claim for commercial disparagement, the Plaintiffs claim must fail. 65. The Honorable M.L. Ebert, Jr., has had prior involvement with this matter, having ruled upon the Defendant's Preliminary Objections and managing a Status Conference with the parties on October 22, 2013. WHEREFORE, Defendant, Kayla Dorang, respectfully requests this Honorable Court grant her Motion for Summary Judgment and dismiss the Complaint against her, with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: (�Ai�` 6-th93- Juli. A orrison, Esquire Atto i - y I.D. No. 307256 301 Market Street - P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 E-Mail: jam @jdsw.com Attorneys for Defendant, Kayla Dorang DATE: January 8, 2014 16 V NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2 - ROBERTA WHEELER, t/d/b/a ) CIVIL ACTION - LAW 3 KING` S COURT TANNING, ) 4 Plaintiffs, ) No . 10-6542 5 vs . ) 6 KAYLA DORANG, ) 7 Defendants ) s 8 9 - - - t 10 Deposition of ROBERTA WHEELER 11 September 8, 2012 1 12 - - - 13 The deposition of ROBERTA WHEELER, called as a witness on behalf of the 14 Defendant, pursuant to notice and the Pennsylvania Rules Civil Procedure 15 pertaining to the taking of depositions, s taken before me, the undersigned, Suzanne 16 Minello-Devine, a Notary Public in and for t the Commonwealth of Pennsylvania, at the 17 offices of Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, f 18 Pennsylvania 17043, commencing at 10 : 21 a .m. , the day and date above set forth. 19 R 20 t 21 i NETWORK DEPOSITION SERVICES 22 SUITE 1101, GULF TOWER 1 707 GRANT STREET 23 PITTSBURGH, PENNSYLVANIA 15219 412-281-7908 0 , IGINA i s 1 Johnstown -•Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 - NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 2 1 APPEARANCES: s 2. 2 On behalf of the Plaintiffs : Arnoult Law Office, LLC - 3 W. Scott Arnoult, Esquire 14 North Main Street - Suite 314 4 Chambersburg, Pennsylvania 17201 5 On behalf of the Defendant: Johnson, Duffie, Stewart &Weidner 6 Julia Phillips, Esquire - 301 Market Street i 7 Lemoyne, Pennsylvania 17043 1 8 --- 9 Examination by: Page 7 Ms. Phillips 3 10 Mr. Arnoult 98 - 11 EXHIBITS 12 Exhibit 1 Pursue Pamphlet 15 ` Exhibit 2 Lucasol Pamphlet 18 1 13 Exhibit 3 Receipts 22 Exhibit 4 E-mail 38 i 14 i 15 t i r 16 - - - f 17 18 _ g 19 20 _ 21 22 23 - i f 24 i 25 f t g Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 - NETWORK DEPOSITION SERVICES • • Transcript of Roberta Weeler • to 1 a package on the 7th of September, a month . x 2 unlimited, and she used Bed 3 for seven 3 minutes the first time in and then the stand 4 up on the 8th, so what I told her I could do t . 5 was take the month unlimited and change it . z t E . 6 into. a 20 minute session which was $5. 00 and 7 take the minutes that she used and that would Y 8 still leave her three minutes left on her • . <f 9 package because she wanted her money back. ` s, . 10 I thought that was the fairest way t 11 to handle it . She said that would do. At - K i 12 the end of the phone call she let me know she 1 . 13 was going to tell all 19 of her sorority F. 14 sisters and anyone else she could to stay out 15 . of my salon. I said excuse me and I had her a t 16 repeat it a second time- and she did and I 17 basically said okay and hung up. . 18 Q. You mentioned that she said that she 19 • had spent the day' in the Emergency Room and . 1 _ 20 developed a staph infection from your bed? 1 21 A. Yes . t I r • 22 Q. When she ,mentioned that she f. 23 developed a - staff infection,' did she say that 24 the doctor said it is possible that she 25 contracted it at your office? - 1 f 1 Johnstown - Erie - Pittsburgh - Greensburg- Harrisburg ' 866-565-1929 . NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler • 11 s 1 A. Yes. E. t 2 E. Q. So it wasn' t I developed it from 3 your offices? 4 A. Right. 5 0. - It was possible? I 6 A. Possible, yes . 1 i 7 Q. During that conversation on. w 8 September 13th, the first one that you had, _ t E 9 did you call her honey at any time? 1 1 10 A. I probably did. I call a lot of my 11 customers hon or sweetheart, yes. 12 Q. Did you get upset with her during 13 the course of that conversation? 1 —14 A. No, I did not. 15 Q. Is there any way she could have i 16 interpreted that you calling her honey was a z i 17 condescending statement? 18 A. I don't know. 19 Q. When she said that she was going to 20 tell all 19 of her sorority sisters not to go 21 back to your salon, could it have been . 22 because she felt that you were condescending, 23 it was the way you were speaking to her that 24 she didn't agree with? f . k 25 A. . I don' t know. s z Johnstown - Erie Pittsburgh - Greensburg -Harrisburg 866-565-1929 • NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 24 1 telling people that she got VMRSA out of my 2 salon. r 3 I asked her why she thought she got 4 it from my tanning salon and she told me that 5 the doctor at the Emergency Room asked her 6 where she had been recently, different places 7 that she frequented, and the only place she 8 could think of was the tanning salon and so 9 she told him that and he said that would be a 10 possibility that she could have gotten it 11 from my salon. 12 Q. The students that you are referring 13 to that came into your salon on September 14 16th did they—say—who told—them—the rumor-? 15 A. No, they did not. 16 Q. Did you ever .ask him `them? 17 A. No, I did not. I was distraught at 18 that time. 19 Q. Paragraph 6, "On or about -September 20 13th, 2010, Defendant Dorang told Plaintiff 21 that she intended to tell "all 19 of my . 22 - sorority sisters and anyone else that I can 23 to stay away from your business . " 24 We covered that earlier. When she 25 was saying stay away from your business, what Johnstown - Erie - Pittsburgh -Greensburg - Harrisburg - V 866-565-1929 - -. NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 25 1 do you think she meant? Do you think it was 2 because of the attitude that she felt was r x: 3 from you or because of the possible MRSA? F ,z 4 A. I would say the possible MRSA. . 5 0. Did she say I 'm going to tell all 19 f 6 of my sisters not to go there because of MRSA 7 explicitly? 8 A. No. _ a 9 Q. Paragraph 7, "Defendant' s statement 10 that she contracted MRSA from Plaintiff' s 11 business were false. " Why do you say that? 12 A. On the day that she came in on the 13 13th, we tanned approximately 171 customers 14 that day and only one person contracted a 15 staph or MRSA out of my salon. 16 Q. That is pretty good odds . 17 A. Right. 18 Q. So you're saying because no one else 19 complained that they got MRSA that Ms. Dorang 20 . did not get MRSA?. 21 A. No, I 'm not saying that. 22 Q. I don't want to put words in your 23 mouth. 24- A. No, for me it was just hard to 2 25 believe that that number of people and only Johnstown - Erie -Pittsburgh - Greensburg - Harrisburg 866-565-1929 • NETWORK DEPOSITION SERVICES Transcript of Roberta Weeier 26 1 one Complaint . 2 Q. So you're saying that it was hard to 3 believe she contracted MRSA. Are you still E 1 4 saying that she absolutely -- it is false - 5 that she contracted MRSA there? I 6 A. Honestly, yes . 7 Q. I 'm going to follow-up with a couple i t 8 questions then. Did you ever have your 9 tanning beds tested? - g s E 10 A. No. 11 Q. Do you have any documentation to t 12 prove that she did not contract MRSA at your 13 tanning salon? 1-4 A. No. 15 Q. Are you basing the explanation that 16 the statements that Kayla contracted MRSA 17 from your business were false just upon a gut 18 feeling -- 19 A. Yes . 20 Q. -- that no one else contracted it? 21 A. Yes . - . ! 22 Q. When Kayla spoke to you she didn' t 1 23 say that she contracted MRSA. She said it is 24 possible I contracted MRSA, correct,, at your 1 . i 25 salon? t g ( R Johnstown -Erie -Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Wee ler • 27• 1 A. If my memory serves me she said it A • - 4 2 was possible, yes, if my memory serves me - - 3 correct. 4 Q. We' ll go on to ' paragraph 8 . "In. the 5 next several days following the conversation _ • i • 1 6 between Defendant Dorang and Plaintiff, 7 Plaintiff was told by .several customers who 8 attended Shippensbarg University that there 9 was a. rumor' that someone had been infected 10 with MRSA at Plaintiff' s tanning business. " g 11 This is the testimony you gave • 12 earlier where on the 16th of September you 13 had a couple students come in? • - 14 A ---Yes.- I : • 15 0. Do you have the identity of those •, 16 several customers who told you about that w - 17 ruMor? • 18 A. I have two-. / I • . 19 Q. Who are those people? ' - - • 20 A. Savannah Beiler. 21 Q. Savannah Bueller? 4 - • 22 A. Beiler. 23 Q. Okay. 24 A. And Ellie Fash, F-a-s 25 Q. Were Savannah Beiler and -Ellie Fash • . - , Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 • • • NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 28 1 regular customers of your tanning salon? 2 A. Yes . fr 3 Q. Did they also work there? 4 A. No. ; t 5 Q. Did they mention to you how they 6 heard these rumors? i 7 A. No. i 8 Q. Did they say as part of the rumor E 9 that someone absolutely contracted MRSA, or 10 that it was possible that someone contracted t 11 MRSA at your salon? 12 A. They said they just heard the rumor � - 13 - that someone got MRSA from my salon. 14 Q. Did S-a-vannah Heuer—end-Ellie Fash- - — 15 continue to tan at your salon after hearing 1 16 that rumor? - 1 17 A. Yes, they did. V .` ` a 18 Q. In response to those two women S 19 telling you that they heard this rumor about '1 - 20 MRSA, what did you say? What was the fervent f I 21 conversation? 1. 22 A. That it was just that, a vicious 23 rumor. 24 - 0. In paragraph 9. of your amended 25 Complaint you mention there was a customer I Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 • NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 30 1 from a tanning bed. " .. . .Li •2 Again, you said she might have 3 contracted MRSA? tf 4 A. Yes. 5 0. And that is the opinion of the 6 doctor as Kayla was describing it? :E 7 A. Yes. J g . -i 8 Q. "Did you ever speak with Kayla' s . • 9 physician? - . . . .- - 10 A. No. 11 Q. Paragraph 14, "In the next several 12 days, Defendant Dorang then did, in fact, . - f 13 continue to tell members of her sorority, R 14- Alpha ai-gm-a-i au- and-others-that she-way- I 15 .infected with' MRSA at Plaintiff' s business . ", I 16 How is it that you believe that the • - 17 Defendant did, in fact, continue to tell I. 18 members of her sorority that she was, in . 19 fact, affected with MRSA at your business? _ 20 A. With an e-mail. 21 Q'. I have a copy of an e-mail that I I . . 22 believe is what you are refer-ring to, - . i -23 correct? ' ;£ 24 A. Uh-huh. 25 Q. . Take a look at that. This was also • { • r Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 - . . • NETWORK DEPOSITION SERVICES Transcript of Roberta Weeier 33 1 sorority? 2 A. No, I know -- I can't say I know for 3 sure, but I 'm pretty sure they belong to a 4 sorority, but I don't know if it was the same 5 one. 6 Q. The same one as the Defendant was 7 part of? 8 A. Correct. - 9 Q. Did either of them work for you? 10 A. No. 11 Q. Who is the best friend that you 12 identified that these girls forwarded their 13 e-mail to? 14 A. Wanda-Garrett. - - 15 Q. Garrett? 16 A. Garrett. 17 Q. Do you know who Tawney Eder is? 18 A. No, I do not. 19 Q. At the top of this e-mail it says, 20 , "This is- a message that all of Greek Life 21 got. " Do you know who that message was sent 22 to? - 23 A. No, I do not. 24 - Q. Do you know who it was sent from? ,. 25 A. No, I do not. :Y Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 • NETWORK DEPOSITION SERVICES Transcript of Roberta feeler . • 36 • • , 1 Q. What does the e-mail state for the 2 record? 3 A. It says, "Be aware that King' s Court 4' . Tanning is potentially a _carrier for MRSA, • • 5 which is a drug-resistant staph infection. 6 Inform your sisters about this so no one gets F 7 infected. " • I 8 Q. And we've been using "some 9 terminology earlier .in the deposition where 10 the Defendant said that it was possible that 11 she contracted MRSA at your salon, correct? 12 A. . Correct. • 13 Q. And this comment that you just read - IA . that als-o-says-that -your salon was - -_- 15 potentially a carrier for MRSA, correct? ' 16 - A. Correct. 17 Q. ,So it doesn't say that your salon is '18 a carrier for MRSA? 19 A. No. • F 20 -0. Does it say anywhere here that it 1 21 was Kayla. Dorang that made this statement at 22 this meeting? • 23 A. No. 244 Q. Do you know who it is who made this 25 public relations statement during the Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg V • 866-565-1929 • • • NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 37 1 meeting? { 4 2 A. No. _ 3 Q. Have you been told at any time -- t f 4 A. No. 1 5 Q. -- who it was? 6 A. No. 7 Q. Do you know if this statement was 8 made with Kayla Dorang' s approval? 1 1 9 A. No. a:• 10 Q. We are going to go back to paragraph 11 14 . You mentioned that Kayla did, in fact, 12 continue to tell members of her sorority and ( 13 others that she was infected. Who are the i i i -- 4, and—others—you—are referring--t-o? 15 A. Other students that came in A I 16- throughout the days asking me or telling. me 17 that they heard rumor that I had MRSA. 18 - 0. Now, is it your allegation that the 19 Defendant Kayla o y a Doran g told all of those - 20 other people that she contracted MRSA? 21 A. I wouldn't say that she told all of f i 22 them, but she told a number of them. 1 S 23 Q. Now, the number of students that i 24 you're talking about, are you saying that she i 25 personally talked to them? 1 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg - 866-565-1 929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 38 1 A. I would say 19 of her sorority ;r 2 sisters, yes . 3 Q. Are all 19 of her sorority sisters . 4 customers of your salon? 5 A. Not all 19, but the majority of her 6 sorority, yes, I would say. 7 Q. Now, the students that you had j 8 identified earlier, you haven't said that any 9 of those students are members of her 10 sorority, correct? • 11 A. I don' t know that. " 12 MS . PHILLIPS: I would like to mark 13 this e-mail as Exhibit 4 . 14 (At thi=s—time 15 Exhibit No. 4 was marked 16 for identification. ) , 17 BY MS. PHILLIPS: - 18 Q. Paragraph 16 of your amended 19 Complaint, "Defendant Dorang knew or should 20 have known that the statements to the effect 21 that she was infected with MRSA at the 22 tanning salon were false. " 23 How is it that you believe that A 24 Kayla knew or should have known that she did 25 not contract MRSA at your salon? Johnstown - Erie Pittsburgh - Greensburg - Harrisburg 866-565-1929. . NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 4a 1 season, the rest of that year, then into zr 2 January of 2011 they continued until I would 3 say probably February, March. ' 4 I was then at that point spending 5 money to get my business back, advertising fig , . 6 different ways, giving away free tans, free 7 sample of lotions, that type of thing. 1 8 ' Q. - Did you say in March of 2011 you 9 started these new advertising campaigns? 10 A. No, I started them probably in . 11 February, in around there. When the students 12 come back from Christmas break that is when I - 13 my business is considered what we call busy • 14 season. If--I can explain d liLLle bit—about —A it 15 how my business works. 16 Q. I was going to go there, but let' s 17 do it now. 18 A. When the students are in they are . ' 19 like 85 percent of my business, okay. When 20 the students are in, I have to make my money - 21 then because when they go out on ,summer 22 break, when they go out on Christmas break, I 4 1 . 23 need to have "x" amount of dollars to carry . , 24 me through the months they are not here. 1. 25 - When this all happened in September Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg . . 866-565-1929 . . NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 93 z 1 salon. 2 Q. You mean the 16th? 3 A. Yes, the 16th, yes . That tells me 4 that she was still going to tell more people f z 5 to stay out of my salon. - i 6 0. Again, you think she was telling I 7 ,. people to stay out of your salon because of . r 8 MRSA and not because of the impression that f i 9 she got from the way you talked to her? fr Y 10 A. Yes. - 11 Q. To your knowledge you don' t know who I i 12 Kayla told that she contracted MRSA? 13 A. No. I have often wanted to ask her -- --1.4-----so ro-r--its si-ste-r-s that-sti-1-1-tan with-me-,—you. 15 know, I wanted to say something to them but I a N 16 never did. s 17 Q. Has Kayla tanned at your salon after t g 18 this event? 19 A. No, she graduated in 2010 . 20 Q. You kind of hinted at the fact that I i 21 you might have researched MRSA and that it is 1 22 contagious; is that correct? 1 23 A. Yes . t 24 Q. When did you do that research? 5 25 A. That was shortly after I heard about - i g cs.-...;:a..- Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROBERTA WHEELER, t/d/b/a CIVIL ACTION - LAW KING' S COURT TANNING, Plaintiff No . 10-6542 vs . KAYLA DORANG, Defendant Deposition of : KAYLA DORANG Taken by: Plaintiff Date : May 31 , 2013 , 3 : 20 p . m. Place : Johnson, Duffie, Stewart & Weidner, P . C . 301 Market Street Lemoyne, Pennsylvania Reporter : Vicki L . Fox Registered Merit Reporter Notary Public APPEARANCES : ARNOULT LAW OFFICE, LLC By: W . SCOTT ARNOULT, ESQUIRE Appearing on behalf of the Plaintiff JOHNSON, DUFFIE , STEWART & WEIDNER, P . C . By JULIA A. PHILLIPS, ESQUIRE Appearing on behalf of the Defendant ALSO PRESENT : ROBERTA WHEELER ;_ � . C E FiED COPS Henderson Kashmere Wetmore, LLC (717 ) 214-1182 ' 2 1 INDEX TO WITNESS 2 KAYLA DORANG Examination 3 By Mr . Arnoult 3, 43 4 By Ms . Phillips 25 5 6 7 INDEX TO EXHIBITS 8 Visconti Deposition Exhibit Page 9 10 1 . E-mail of September 27 , 2010 , Tawny Eder to 14 Megan Brown, three pages . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Henderson Kashmere Wetmore, LLC • (717 ) 214-1182 • Atty. Arnoult - Witness Kayla Dorang 8 1 away. 2 Q But you immediately suspected that it was 3 from a tanning bed? 4 A No . Not immediately. . 5 Q When you first noticed it, you said that you 6 thought it was a normal -- 7 A When I first noticed it, yes , I assumed that 8 it was from me sweating in the tanning bed. I did 9 not assume that it was given to me by the tanning bed 10 when I first noticed the pimple . 11 Q Do you still use tanning beds? 12 A Yes . 13 Q How often had you gone to King ' s Court 14 Tanning? 15 A Prior to the incident? 16 Q Yes 17 A I used it often . I can ' t give you an exact 18 time, or an exact month, or any exact details, but I 19 had gone there for -- I- had used their monthly 20 unlimited tanning prior to the incident . 21 Q And do you have any procedures that -- 22 normal procedures you follow when you use a tanning 23 bed? 24 A Prior to the incident or currently? 25 Q Prior . Henderson Kashmere Wetmore, LLC ( 717 ) 214-1182 Atty. Arnoult - Witness Kayla Dorang 9 1 A Prior to the incident, I would put lotion 2 on . Well, I tan naked so I would put lotion on, get 3 on the bed, and tan for however many minutes I was in 4 there . 5 Q So you didn ' t leave any undergarments on? 6 A No . 7 Q Did you use a tanning bed in your hometown? 8 A No . 9 Q Only on campus? 10 A Correct . 11 Q Do you recall when you called -- the first 12 time you called King ' s Court Tanning? 13 A After the incident? 14 Q Yes . 15 A Yes . 16 Q What did you say? 17 A After on my way home after the emergency 18 room, I called to inform the owner that I had MRSA, 19 and I asked for my money back . Because after 20 discussions with the doctors in the emergency room, I 21 felt that I got it from her establishment . 22 Do you want me to continue on? 23 Q Yes . 24 A After that, the tone that I received was 25 very demeaning I felt . I had just gone through an Henderson Kashmere Wetmore, LLC ( 717 ) 214-1182 :FNL_ %. l.,, Atty. Arnoult - Witness Kayla Dorang 10 1 extremely painful situation, and I had just called 2 for my money back . And instead of being an 3 understanding business owner, I felt that I was being 4 degraded and talked down to . After what I had just 5 gone through in the Emergency Department, it was 6 upsetting . 7 So after that point, she said that I could 8 not get a full refund. And I said okay. Well, I 9 hope you understand that I live with 19 sisters , and 10 they will be informed of the situation. 11 What I meant by that was how unprofessional . 12 I felt she was -- regardless of whether or not I did 13 or did not contract MRSA from within her beds , I am a 14 paying customer that is telling her that I was in her 15 bed with this infection . 16 Q Is that what you told her on the phone? • 17 A No, no, no . This was my -- 18 Q This was your thoughts? 19 A Correct . 20 Q You remember that? 21 A Correct . 22 Q Do you recall what was very demeaning about 23 the tone? 24 A She was calling me honey and oh, sweetheart, 25 you did not get this from my bed . She laughed about Henderson Kashmere Wetmore, LLC ( 717 ) 214-1182 Atty. Arnoult - Witness Kayla Dorang 11 1 it . 2 Q She called you sweetheart? 3 A I don ' t know if that is the exact word, but 4 it was something -- whether it was honey, sweetheart . 5 Q How often had you interacted with the owner 6 before that? 7 A I mean in passing, not often . I don ' t think 8 I ' ve ever had a full conversation with her . 9 Q Describe the tone . You said it' was very 10 demeaning . What about the tone was demeaning? 11 A Almost as if it was funny that I could even 12 think something of this of her establishment . 13 Q You thought she was amused? 14 A I don ' t know if I would .say amused.- 15 Q What would you say? 16 A I really don ' t know how else to describe it . 17 I felt -- as a person who just explained my situation 18 to another human being, I felt as if though I was not 19 being taken seriously. The reaction was oh, 20 sweetheart or oh, honey -- I don ' t know exactly the 21 terminology -- there ' s no way you could have gotten 22 it from my beds . 23 I do not remember word-for-word exactly what 24 was said, but I remember feeling very -- almost 25 insulted. Henderson Kashmere Wetmore, LLC (717 ) 214-1182 Atty . Arnoult - Witness Kayla Dorang 12 1 Q You felt insulted. Were you angry after you 2 spoke with her? 3 A Yes . 4 Q But you do recall in this conversation, you 5 said I live with 19 sisters? 6 A Correct . 7 Q And I 'm going to tell them? 8 A I said I will inform them of the situation . 9 Q You didn ' t say I 'm going to tell them that I 10 got MRSA from you? 11 A I did not say that . 12 Q Did you tell anyone that you got MRSA 13 from -- 14 A I did not say directly where I got the 15 infection from, no . 16 Q Did you tell Roberta Wheeler, the owner of 17 this place , that you were going to tell everyone you 18 knew that you got MRSA from her? 19 A I did not . • 20 Q You did not . Did she give you a refund? 21 A After the second ,conversation her and I had, 22 she agreed to give me the refund. Not in that 23 initial conversation . 24 Q Did you ever use the restroom at King ' s 25 Court? Henderson Kashmere Wetmore, LLC ( 717 ) 214-1182 Atty. Arnoult - Witness Kayla Dorang 13 1 A I do not recall . 2 Q Do you know where the restroom was? 3 A I was just going to say I can ' t even picture 4 where a restroom within the tanning salon would be . 5 Q You said that after you spoke with the 6 doctor, did the doctor tell you you got this from a 7 tanning salon? 8 A He said it was a possibility. He listed off 9 places that are common -- I don' t know what word I am 10 looking for -- the infection can be commonly found or 11 spread. So he listed some places off . 12 Tanning salon was one of them. I said I 13 have been tanning . Is it possible that I got it 14 there? He said yes . 15 Q What other places did he say it was 16 possible? 17 A A gym, direct contact with another person 18 who had it . Those are the only ones that I can 19 recall off the top of my head. 20 Q How many places did he list? 21 A I 'm not aware of that information. I can 't 22 remember . 23 Q You can ' t remember that? 24 A No . 25 Q Did you do any research on MRSA at that Henderson Kashmere Wetmore, LLC (717 ) 214-1182 Atty. Arnoult - Witness Kayla Dorang 14 1 time? 2 A I did not . The only information that I was 3 going off of was what was given to me when I was 4 discharged . 5 Q You did not attend that meeting of the 6 Pan-Hellenic? 7 A I did not . 8 Q Did you tell anyone in that meeting, or did 9 you tell anyone to tell the people at that meeting to 10 worry about King ' s Court Tanning? 11 A No . 12 Q Do you have any idea where they would have 13 gotten that information to put that in? 14 A I do not . 15 Q Why were you listed as a recipient of that 16 e-mail? 17 A Because I was President . 18 MS . PHILLIPS : Can you show her the e-mail 19 so she can see it? 20 MR. ARNOULT : Sure . 21 A Yes, I was President . 22 (Visconti Deposition Exhibit 1 was produced. 23 BY MR. ARNOULT : 24 Q So you got a copy of that every time? 25 A Correct . Every Pan-Hellenic meeting, yes . Henderson Kashmere Wetmore, LLC (717 ) 214-1182 Atty. Arnoult Witness Kayla Dorang 15 1 The distribution list was whoever was there and the 2 President of each organization . 3 Q So to be clear, you didn ' t tell anybody at 4 your sorority that you got MRSA from King ' s Court 5 Tanning? 6 A I did tell my sorority that I had MRSA. 'I 7 was not clear on where I got it from, no . 8 Q You never told them that you got it at 9 King ' s Court Tanning? 10 . A No . 11 Q If you had sorority sisters that would 12 remember that you told them that you got it -- got { 13 MRSA at King ' s Court Tanning, where would they get 14 that idea? 15 A Do you mean my sisters? 16 Q Yes . 17 A I 'm assuming because that ' s where I went to 18 tan . I . mean that ' s where in my mind after hearing 19 that I could get it from a tanning salon, that ' s 20 where I thought that I got it from. 21 I did not go around and say I know I got it 22 from here . 23 . Q So you didn ' t tell anyone else on campus? • 24 A No . 25 Q You didn ' t tell Roberta Wheeler that you Henderson Kashmere Wetmore, LLC ( 717 ) 214-1182 Atty. Arnoult -Witness Kayla Dorang 23 1 Q Did you make any changes? 2 A I don ' t remember . 3 Q Did you tell anyone that you thought you may 4 have gotten MRSA at a tanning salon? 5 A Probably yes . Yes . 6 Q Okay. Did you tell your sorority sisters 7 that? 8 A Not as a group in whole . I discussed the 9 situation with Jennifer; Jessica, who is not my 10 sorority sister; and my roommate Stephanie Kuhlman . 11 Q And- you said I think I got it at -- 12 A At a tanning bed, yes . 13 Q Did you say I think I got it at King ' s Court 14 Tanning? 15 A No . If they understood that that ' s where I 16 was going, then possibly. 17 Q Possibly, you might have said that? 18 A That they would understand that ' s where I 19 got it from, or where I am assuming that I got it 20 from. 21 Q But you didn ' t tell people outside of your 22 sorority? 23 A Other than Jessica Larma, who was the person 24 who came with me the second time to the Wound Clinic 25 that I thought that I got it from a bed. Henderson Kashmere Wetmore, LLC ( 717 ) 214-1182 -Atty. Arnoult - Witness Kayla Dorang 45 1 0 Would you go to a tanning salon if one of 2 your friends told you that they got MRSA at it? 3 A I haven ' t been in that situation so I don ' t 4 know. Like I said, I still use tanning salons , and I 5 believe that I contracted it at one . 6 Q So what you are saying is you can ' t answer 7 that question? Would you be more or less likely to 8 use a tanning salon if somebody told you that they 9 got MRSA there? 10 A I suppose I would be less likely. 11 Q And after you had been spent what, four 12 hours at the emergency room? 13 A I -- I -- 14 Q All day? 15 A Not at the emergency room, I was not there 16 all day. 17 Q How long were you there? 18 A I do not know the time frame . 19 Q A couple of hours ? 20 A Possibly. 21 0 After you came home and you called her and 22 you were upset, you didn ' t want to hurt her business? 23 A No . felt that she was very unprofessional • 24 in the way that she handled the situation . But as I 25 stated earlier, my main concern was getting the Henderson Kashmere Wetmore, LLC ( 717 ) 214-1182 Exhibit C �.� This is a message that all of Greek Life got ..- 1roin.: Eyler,Tawny Sent: Monday, September 27,2010 3:22 PM To:Brown,Megan Subject:EW: Shippensburg University WPC Meeting Minutes 9(15 Here's the email X got. It's part way down under the public relations part 101 Tawny From:Pontani,Adrienne Sent: Sunday, September 19, 2010 4:21 PM To:Pedley, Caitlin; Adams,Elizabeth; Dougherty,Krista; Kenyon,Courtney;Whitaker, Abigsril;Eittinger, Brittney; Cunningham,Katherine;Eder, Tawny;Dougherty, Samantha; Dorang,_Kay1a.;Betz,Michelle;Marricone, Jessica; Peajuke, Leslie;Kars).°, Valerie;Mcnamee,Megan; Manley,Jennifer;Hummel,Victoria;Visconti,Jennifer; Danielson,Emilee; CZM.VA75@a COX.NET; Greek Affairs Graduate Assistant Subject: Shippensburg University WPC Meeting Minutes 911.5 MEETING MINUTES 9/15 Start; 7:29 End: 7:44 President:present Vice President:present Recruitment:present Treasurer:present Education: (not present due to =filled position) Public Relations: present Secretary:present Alpha Phi:present AOPi: absent AST:present DZ:present KBG; present KDPhi NAS:present PhiSig: present ThetaPhi:present President: No report EXHIBIT m . CTOj %�� CI:TI zTOZ/6I/OI Vice President:No Report Treasurer: Our current,/balance is $1,366.81 Voted to NOT raise duesv Recruitment: v Bid Day Potential New Members will arrive at 3:30p.m. at the Hockey Rink. Sororities arrive at 4:00pm. Bring enough plastic bags for the girls in your chapter and the Potential New Members. v • Education: • Public Relations:No Report • 03E AWARE THAT KING'S COURT TANNING IS POTENTIALLY A CARRIER • FOR MRSA,Which is a drug-resistant staph infection! Inform your sisters about this so no one gets i„f.ected) • ittp://www_health.statc.mn.us/dies/idepc/diseases/mrsa/boc>k.htnil (lust a link so you can read about it if you cdaii't know What it is) • Secretary:No Report Emil.ee: Passed around blogv "Real Sorority Women,kin Me,"by Sessica Gendron Tilliar s http://www.phiredup.com/ • NEW BUSINESS: none OLD BUSINESS: Education Chair speeches held today with voting. Congratulations to Morgan, who is new Education Chair! CHAPTER REPORTS 'DZ: Sister Dinn.erv. Recruitment events thisv week . Soles for Souls boxes set up at the Housev Meeting onv Sunday . • . Exee m.eetingv Race-Alumni is running in 5k fore fundraiser,we are supporting Learning how to use DZ's networkingv site, "Metro" • • PTO %Y,d CT:TT ZIO /6T/QT Chair positions have meetings with Vice Pres. Of Prgrnsv this week AST: Started Yankee Candle salev • Lettery day Monday Meeting Sundayv Friendly's Fundraiser sale Tuesv Sept. 28th 5-8pm 2 recruitment events tonightv Phi Sig: v Sunday:meeting with our CKA • Chapter rneetingv Startedv Joe Corbi's fundraiser Monday: Recruitment eventv Tuesday-v Recruitment event Weds: Chalking, sister dinner and recruitments event Tzurs: Recruitment eventv Theta Phi: • Attendingv Pa.uhell meeting i st meeting will be held Sunday Scpty 5th KRCT: Sept 3rd Sisterhood Dinner to Red Robinv -v Had a meeting on Monday Letter Day Fiidayv Sisterhood Housev decorating Tues.night Parent's Day Oct. 1 fithv • Dash fory Drew Nov. 13th Had sorority meeting Sunday Nighty - Toaighty 9:30 recruitment event Tomorrow 9:00 rec. eventv KDPhi NAS: Kmite's Fundraiser Monday, Sept.27v Making cards fory Halloween for St. Jude's Sept 29 3 Recruitment events this weekv y Slumber Party last Sunday AlphaPhi: We-raised$110.00 atv the football "game on Sat Tues. Letter day at COB at 6v . 2v recruitment events are Mon.,one Wed • • Had our weekly meeting on Sundayv • 9TOf� gv3 CT:TT ZTOc"/BT/OT I IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA ROBERTA WHEELER, t/d/b/a CIVIL ACTION - LAW KING ' S COURT TANNING, Plaintiff No . 10-6542 vs . KAYLA DORANG, Defendant Deposition of : JENNIFER VISCONTI Taken by : Defendant Date : May 31 , 2013 , 2 : 35 p . m. Place : Johnson, Duffie, Stewart & Weidner, P . C . 301 Market Street Lemoyne, Pennsylvania Reporter : Vicki L . Fox Registered Merit Reporter Notary Public APPEARANCES : ARNOULT LAW OFFICE, LLC By: W . SCOTT ARNOULT, ESQUIRE Appearing on behalf of the Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER, P . C . By : JULIA A. PHILLIPS, ESQUIRE Appearing on behalf of the Defendant ALSO PRESENT : KAYLA DORANG ORIGINAL ROBERTA WHEELER Henderson Kashmere Wetmore, LLC (717 ) 214-1182 2 • 1 INDEX TO WITNESS 2 JENNIFER VISCONTI Examination 3 By Ms . Phillips 3, 34 4 By Mr . Arnoult 31, 35 5 6 7 8 9 INDEX TO EXHIBITS 10 Visconti Deposition Exhibit Page 11 1 . E-mail of September 27 , 2010 , Tawny Eder to 13 12 Megan Brown, three pages . 13 14 15 16 17 18 19 20 21 22 23 24 25 • Henderson Kashmere Wetmore, LLC (717 ) 214-1182 Atty. Phillips - Witness Jennifer Visconti 81 1 A Rectangular and large . 2 0 Like three floors? 3 A Yeah . 4 Q Why don ' t you describe the living 5 conditions? Who was responsible for maintenance and 6 cleaning, things like that? 7 A We had one sister who was in charge of 8 speaking to the landlord to get rid of any kind of 9 confusion so it was just one person . Our landlord 10 did any kind of maintenance . She had a cleaning 11 person . We were never really sure who that was . 12 But maintaining the week stuff, we cleaned 13 as we went . We cleaned our own rooms, and then we 14 had a list of who cleaned what rotating every Sunday . 15 Q And what about the bathrooms? The two rooms 16 had one bathroom. Who was responsible for the 17 bathroom? 18 A Whoever lived in those apartments . 19 Q So whoever lived in the two rooms that were 20 joined by the bathroom cleaned that bathroom? 21 A Yes . 22 Q Did you share a bathroom with Kayla? 23 A No . 24 Q Have you heard of the Plaintiff ' s business 25 King ' s Court Tanning? Henderson Kashmere Wetmore, LLC ( 717 ) 214-1182 Atty . Phillips - - Witness Jennifer Visconti 9 1 A Yes . 2 0 How have you heard of that business? 3 A In 2008 , I actually had a package there . 4 And then it was just a popular tanning spot in the 5 area . 6 Q Do you recall the time of the year when you 7 had a tanning package in 2008 ? 8 A I do not . 9 Q You said it is a popular tanning spot? 10 A Yes . 11 Q Is that a popular tanning spot just 12 generally in town or with the sorority -sisters, part 13 of your sorority? 14 A I think in town I would consider it both . 15 Q Both? 16 A Both really. 17 Q When you went to King ' s Court to' tan, would 18 it be yourself and a sorority sister that would go 19 with you? 20 A It would be myself. That was before I was 21 in the sorority is when I was tanning there . 22 Q Understood . Thank you for that . I 'm 23 assuming you went to King ' s Court to tan? 24 A Yes . 25 Q How many times would you say in 2008 you Henderson Kashmere Wetmore, LLC (717 ) 214-1182 Atty . Phillips - Witness Jennifer Visconti 12 1 A Yes . 2 0 What were those? 3 A I was Recruitment Chair, Co-Recruitment 4 Chair, New Member Educator, and Historian . 5 Q And as a member of that sorority, did you go 6 to the Pan-Hellenic meetings? 7 A I was on the Pan-Hellenic Exec . Board . 8 Q What is the Pan-Hellenic Council? 9 A That is the Council, basically, it is like 10 the entire sorority government . It is 11 representatives from each organization working 12 together to maintain everything going on within the 13 Greek -- within the sorority community. 14 Q And what was your position on the Executive 15 Board of the Pan-Hellenic Council? 16 A Public Relations Chair . 17 Q What was the period where you held that 18 position? 19 A I don ' t remember . It would have been spring 20 of 2010 and fall of 2009 . 21 Q So if you were the Public Relations Chair 22 for that Board in spring of 2010 , would. you then have 23 been in that position in September of 2010? 24 A No . Yes . I can ' t remember if I was on { 25 there when I graduated . I can ' t remember how the -- Henderson Kashmere Wetmore , LLC ( 717 ) 214-1182 Atty. Phillips - Witness Jennifer Visconti 15 1 And then we had a recording secretary. who wrote down 2 the notes and then later typed them up and sent them 3 to the members . 4 So these are minutes from a meeting that we 5 had had, one of our weekly meetings . 6 Q You said that the minutes would be typed up 7 and sent to the members . Is that the entire Greek 8 life, or just your sorority, or what? 9 A It would go to each Executive Board member, 10 that same representative from each organization' that 11 was present at the meeting, and the President of the 12 organizations . So just sororities and just the 13 people present in the room. 14 Q What meeting were these minutes from? Could 15 you tell that from the exhibit? 16 A September " 27th, 2010 . Wait, no . 17 September 19th, 2010 . 18 Q Let me refer you to the middle of the page . 19 It says here meeting minutes , and there is a 20 September 15th date . 21 A September 15th . 22 Q Is that the date of the meeting then, 23 September 15th? 24 A That would be the date of the meeting . 25 Q And this is actually a copy of an e-mail.; Henderson Kashmere Wetmore, LLC (717 ) 214-1182 Atty. Phillips - Witness Jennifer Visconti 16 1 correct? 2 A Yes . 3 Q And it says Adrienne Pontani, From: 4 Pontani, Adrienne . Do you know who that is? 5 A She was the recording secretary on the 6 Pan-Hellenic Board at the time . 7 Q Was she from your sorority? 8 A No, she was not . 9 Q Do you know what her responsibilities were 10 as the recording secretary? 11 A She recorded the notes from the meeting, and 12 then she would take those notes home with her, type 13 them up and e-mail them to the selected members . 14 Q When she took the notes , do you know if 15 yourself or the other members , if they would give her 16 like your notes , or if she would take them from what 17 she is observing and hearing during the meeting? 18 A She would take them from what she was 19 observing . 20 - Q Turn to the second page . Unfortunately, 21 they are not numbered . There is a section that says 22 Public Relations . Do you see that in the upper 23 portion? 24 A Yes . 25 Q It says Public Relations : No Report . What Henderson Kashmere Wetmore, LLC (717 ) 214-1182 Atty. Phillips - Witness Jennifer Visconti 17 1 does that mean to yourself as the Public Relations 2 Chair? 3 A I had nothing going on that week, nothing to 4 report . 5 Q And you had no recruitment advertisement; is 6 that what you mean? 7 A Yes . Normally during a meeting, I would ask 8 if anybody would send me pictures or send me 9 information for something . That particular week, I 10 had nothing going on so I didn ' t need anything, 11 didn ' t need to let anybody know anything . So I had 12 no report . 13 Q Underneath that there ' s in parentheses (BE 14 AWARE THAT KING ' S COURT TANNING IS POTENTIALLY A 15 CARRIER FOR MRSA. Where it says public relations , no 16 report, why then do you think that that next 17 paragraph appears ? 18 A At the end of the meeting, we had a portion 19 where we would speak about different community news , 20 you know, lock your doors at night because something 21 is going on here or whatever . At that time, I had 22 said how you should be careful about wiping down your 23 tanning beds before and after each use because you 24 don ' t know who has been in them before you . 25 • Q Was there any reason that you had made that Henderson Kashmere Wetmore , LLC (717 ) 214-1182 Atty. Phillips - Witness Jennifer Visconti 18 1 announcement generally be careful of wiping down your 2 tanning beds? 3 A It was recently after I had taken Kayla to 4 the hospital . 5 Q Do you remember the date when you took her 6 to the hospital? 7 A I do not . 8 Q Was Kayla at this meeting? 9 A No . 10 Q You said be careful, wipe down your tanning 11 beds after -- or before you use them because you 12 don ' t know who was in there beforehand. Here on Page 13 2 of this e-mail King ' s Court Tanning is referenced. 14 Did you make any reference to King ' s Court 15 Tanning during that general announcement? 16 A I did not . 17 Q And it says King ' s Court Tanning is 18 potentially a carrier for MRSA. Did you indicate in 19 any way that King ' s Court was potentially a carrier 20 for MRSA? 21 A I did not . 22 Q Did anyone ask you for the identity of a 23 particular tanning salon that you might have been 24 referring to during your report? 25 A No . Henderson Kashmere Wetmore , LLC (717 ) 214-1182 Atty. Phillips - Witness Jennifer Visconti 19 1 Q After the meeting, was there any further 2 conversation about this MRSA diagnosis or even about 3 tanning -- wiping the tanning beds off? Was there 4 any further discussion about the whole situation? 5 A No . 6 - Q Was MRSA even discussed during the general 7 conversation that the sorority sisters were having? 8 A No . I had said to wipe down the beds 9 because you don ' t know who has been in the bed before 10 you. One of my sisters has a staph infection . 11 And that ' s it . I never gave her name or the 12 place name, nothing . I just used that as a reference 13 of you don ' t know who was in the bed before you . 14 Q You didn' t even say MRSA? 15 A No . 16 Q How do you think that this paragraph here 17 might have ended up in this e-mail? 18 A Well, the meeting was on the 15th . She 19 didn ' t send the minutes out until Sunday, the 19th . 20 Like I said, she only handwrote them during the 21 meeting and later on records them. 22 So I personally believe that she heard 23 things going on throughout the community and did her 24 own research because you can see she included a link 25 as well . Henderson Kashmere Wetmore, LLC ( 717 ) 214-1182 Atty. Phillips - Witness Jennifer Visconti 21 1 Did Kayla direct you or ask you to make that 2 comment? 3 A No . 4 Q You mentioned that you had taken Kayla to 5 the emergency room? 6 A Yes . 7 Q Do you remember when this was? 8 A I don ' t remember the date . 9 Q Why did you take hereto the ER? 10 A She had visited the campus doctor for a bump 11 that she had on her bottom, and the doctor 12 recommended that she go to the hospital . I don ' t 13 remember if she had a car at the time, but I do know 14 that she was in a lot of pain . So I offered to drive 15 her because I did not have class . 16 Q Do you remember what time of the day that 17 was? 18 A Midafternoon . 19 Q What hospital was that? • 20 A Chambersburg Hospital . 21 Q Before you were in the ER, did -you have any 22 conversation with Kayla about what that bump might 23 be? 24 A No . Actually, I had no idea what was going 25 on . Henderson Kashmere Wetmore, LLC (717 ) 214-1182 104 Date 4\11 1 d Ad• ss \ 1 1 �' � lSexmb \aa)& Phone .0\O �L- ( Date of Birth lit �1�;�ifti CU] Date Room # Minutes Minutes Customer Comments Used Left Initials NUMBER OF MINUTES BOUGHT Er S � IM1111 • ImIrm .M1= _ r__ „, .v. „,, .,.,• • • • • • • • __ _ _ __ _. _ _ _ _ s • CHAMBERSBURG HOSPITAL EMERGENCY DEPARTMENT cliFamhersburg. CHAMBERSBURG, PA 17201 Chart Copy LOCATION CODE ARRIYALMEl HOD CLERK`3iurneS _..AccouNf FIO. TYPE IA kL E01C .HEC01HJS NO CER (WI MISTOUFFER H00039813498 { ER H653861 HAM AND ADDRESS TELEF'FFONENO. PATIENT EMPLOYER RAME AND ADDRESS-PRIMARY TELEPHONE NO. DORANG,KAYLA S 1610)406-3487 STUDENT• 416F5THST BIRDSBORO,PA 19508 + CLASS CATE OF SEFNICE TIME RACE ACE DATE OF BIRTH SOS( --MARITAL STATUS NEXT OF SIN `k4:'?".1 BC - 09113/10 1151 CA 21 08/0111989 F S STOVER,AMANDA MO 4610)405.3487 y9< Pra AucL Cammanac OCC CODE TIME CF DCC DATE OF OCL Parson w No1lt( 11 09/10/10 STOVER,AMANDA {810)4064487 F IF3I NAME AND ALk7RES5 RELATION TO PATIENT GAURANTOA EMPLOYER INFORMATION STUDENT DORANG,KAYLA S ! '< 418 E 5TH ST TEE NQ BIRDSBORD.PA 19506 : :i:,e: SEN • ENDURANCE COMPANY POLICS HOLDER RELATIONSHIP/POLICY CERTIFICATEJERQLJP - ` CAPITAL St CROSS STOVEA.AMANDA DA YWP80014911803 00505207 • s Z�f CAPITAL 81-CROSS PO BOX 779503 v' vFy.r>� HARRISBURG,PA 17177-9SD3 ;; �:; (86616$8-2242- ; • FEASON FOR YiSITiDIAGNoa5 ATTENDS1G DOCTOR '' `` ABSCESS CUMBERLAND, VALLEY EMERG •_.. FAMILY DOCTOR PRIMARY CARE DOCTOR <`< No Physician No Physician Other Doctor information: r • 11111111111111111 11111 111111111111 I 11111111111111111ff 11111 1111111 Ili!VIII Ill Ills 11111111111 Ill! I II IR 11111 VIII 1l 11111 MARTS THE CHAMBERSBURG HOSPITAL 112 North Seventh Street • Chambersburg, PA 17201 PATIENT NAME: DORANG,KAYLA S (717) 267-3000 • MEDICAL RECORD #: H653861 ACCOUNT #: H00039813498 ADMISSION DATE: PATIENT TYPE: DEP ER H: DISCHARGE DATE: 09/13/10 ROOM/BED: REPORT #: 0914-0169 SERVICE DATE: 09/13/10 DOB: 08/01/1989 ATTENDING PHYSICIAN: PHYSICIAN: J. Michael Connor D.O. EMERGENCY ROOM REPORT REPORT STATUS: Signed CHIEF COMPLAINT; Abscess. HISTORY: This is a 21-year-old female who presents with a several-day history of an abscess on her left buttock. She states this started out as a small pimple and has now become large. She is having trouble sitting. She also has a smaller lesion on her left forearm. No prior history of any MRSA. No other complaints. PHYSICAL EXAMINATION: She hasa well localized abscess with some drainage from the center on the buttock. It is localized into the buttock. It does not involve any perirectal area. She has a small erythemataus raised lesion on the left forearm with no abscess formation with this. PROCEDURE NOTE: Verification of patient, site, position, and equipment was performed. Appropriate diagnostic studies were available. The left buttock abscess was cleaned with Betadine, draped with 1% Xylocaine, and incised with *11 blade with purulent drainage and the wound was then packed. DIAGNOSIS: Incision and drainage abscess of buttock. TREATMENT PLAN: Culture has been obtained. The patient will be placed on Bactrim and was given Vicodin for pain. She will be referred to the wound clinic for followup. 519666/37393/ <Electronically signed by J. Michael Connor DD.> 09/16/10 1631 Transcriptionist: A Dictated; 09/13/10 1252 Transcribed: 09/14/10 0751 CC: Additional copy: other Medical Record es: F021091 Page 1 of 1 DEPARTMENT:CHAMBERSBURG HIM THE CHAMBERSBURG HOSPITAL Department of Pathology 112 N 7th St, Chambersburg,PA 17201 717-267-7153 PAGE: 1 NAMS: DORn.NG,KAYLA S MR#: H653861 LOC: CER P OPE#: (610) 406-3487 ACCT#: H00039813496 DIAGNOSIS: ABSCESS BIRTH DATE: 08/01/1989 SEX: F H? COL_L: 09/13/10 1151 REC:09/13/10 1156 ORD PHY: CUMBERLAND, VALLEY EMERG (10: 40020306S) Copies sent to: No Physician SOURCE: BJTTOCY SPDESC: STATUS: COMP Recent/Pending/Current Antibiotics: NONE Additional Information: LEFT BUTTOCKS COMMENTS: CALLED RESULTS TO AND VERBAL READBACK RECEIVED FROM C YOUNG AT 0701 by LORI A HOFFMAN 09/15/10. ****************************************GRAM STAINS **************************************** GRAM STAIN Final GRAM STAIN: OCCASIONAL WBC'S SEEN r*i,,*************************************WOUND CULTURES*************************************** WOUND CULTURE Final Organism 1 STAPHYLOCOCCUS AUREUS Growth: MODERATE STA AUREUS Rx MIC CIPROFLOXACIN S <=0.5 CLINDAMYCIN S <=0.25 ERYTHROMYCIN F >=0 OX_ACILLIN R >=4 BENZYLPENICILLIN R >=0.5 TETRACYCLINE S <=1 TRIMETHOPRIM/SULFAMETHOXAZOLE S <=10 VANCOMYCIN S 1 STAPHYLOCOCCUS AUREUS: AST-GP67 VITEK2 GRAM POSITIVE This orcanism has been identified as Methicillin Resistant Staph atreus, MRSA. Date Recvd: Date Reviewed: 3O_LLOW-UP: DO ANG,KAYLA S Report Printed: 02/18/13, 0946 PAGE: ** END OF REPORT ** LIllT1Y?1 t Date: 09/13/10 Health Account Num: 900039813498 3 Med Rec Num: H653861 e:_.......:.:7 .._.._ THEP61K OF COOO HEALTH Patient: DORANG,KAYLA S CHAMBERSHURG HOSPITAL WAYNESBORO HOSPITAL Location: CER • Emergency Department (717)267-7146 Emergency Deparimerrl (717)76.,34411 Physician: Connor D.O.,J Michael :::EE:: iii i'':`i':''''::":"--":-...7:::i....":;;;;;:_ta :::.., :;sss .MRSA (Methicillin Resistant : - a Staphylococcus Aureus) MRSA (Methicillin Resistant Staphylococcus i^:tot) fi Aureus) is a "staph" bacteria, a type of germ, ° that commonly lives on the skin around the ,?i ._- _---- mouth, nose, genitals, and rectum of healthy ,° people. MRSA can live harmlessly on the skin :::::: .";...... :: = r'i': ' I 4 .ltn : of carriers (people who are infected but don't have symptoms). When there is a break in the .. :.':- = ' ,,,,,•,• skin, the bacteria can enter the injured skin, ,, begin to grow, and cause an infection. °'°'"""' °`°°'°°°°' °°�°°°`°°°° MRSA infections are most common in older z: :::....._. r people and people that are sick in the hospital. •• People who have recently used antibiotics, .,.,,,; have a weakened immune system, and live in crowded conditions, also have a higher ;:;;, ''��....••4 '�` � , likelihood of infection. Most of the infections caused by MRSA are `�� '' minor and result in pimples or boils. More :•:::: 1 � .ft� :' > serious skin infections, bone infections, pneumonia, and blood infections can also occur. MRSA is contagious, which means it can be spread from person to person. It is usually spread by touching the infected person's skin or something the infected person has come in contact with (like a towel or clothing), then touching a break in your skin. MRSA is resistant (does not respond) to Methicillin, a strong antibiotic. This type of bacteria can be difficult to treat because of it's resistance to many of the usual antibiotics but the best treatment is with antibiotics. The medicine will kill the bacteria and clear up the infection. Symptoms should improve within 48 hours on an antibiotic. Carriers of MRSA do not usually require treatment. Horne Care II an antibiotic was prescribed, be sure to follow these directions to completely kill the germs and clear up the infection: • Start the medicine as soon as it is prescribed. • Take it exactly as prescribed. • Finish all of the medicine, even if feeling better in a few days. Here are some other suggestions: LI 7-1f?71 t Date: 0911 3 r10 flealfh Account Num: H00039813498 • Med Rec Num: H653861 ...................... rrte FEM.ofconorncril Patient: DORANG,KAYLA S CHAMBERSBURG HOSPITAL W'AYNESBORO HOSPITAL Location: CER Emergency Department (717)2677146 Emergency Department (717)76,3490 Physician: Connor D.O.,J Michael • Take over-the-counter medications to ease cough, aches and pain, and fever, as directed by your doctor. • Apply a warm compress per doctor's instructions to reduce swelling and discomfort, • Raise the affected area above your heart as often as possible to help reduce swelling and discomfort. Prevention • Handwashing is the best way to prevent the spread of germs from person to person. Encourage everyone in the household to wash their hands often. • Wash the hands of infants and small children for them. • Wash small breaks in the skin right away. • Keep the skin around small skin breaks clean and dry. • Apply a bandage with a small amount of antibiotic ointment, if desired. • Don't share personal care items, drinking cups, or towels and washcloths. • Disinfect toys, bathrooms, and food preparation areas often. When to Call the Doctor Call your doctor, or go to the Emergency Department, if: • a fever develops • symptoms don't improve after 2-3 days on the antibiotic • symptoms change or get worse • you have chest pain • you develop shortness of breath or trouble breathing • other family members come down with the same symptoms • a red streak appears near the infection site CERTIFICATE OF SERVICE AND NOW, this 8th day of January, 2014, the undersigned does hereby certify that she did this date serve a copy of the foregoing MOTION FOR SUMMARY JUDGMENT OF DEFENDANT, KAYLA DORANG upon all counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: W. Scott Arnoult, Esquire 14 North Main Street, Suite 314 Chambersburg, PA 17201 (Counsel for Plaintiff) JOHNSON, DUFFIE, STEWART & WEIDNER A BY: ilt1'►, J A. Morrison, Esquire PRAECIPE FOR LISTING CASE FOOP R�ARJGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) ° CAPTION OF CASE rn tip:;; (entire caption must be stated in full) { © C-) ROBERTA WHEELER, t/d/b/a KING'S COURT TANNING, .., c? �•z Plaintiff 'c ` :, F Q c. . vs. 37";(1"—. ° ) .-C KAYLA DORANG, Defendant No. 10-6542, Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiffs: W. Scott Arnoult, Esquire, Arnoult Law Office, LLC, 14 North Main Street, Suite 314, Chambersburg, PA 17201 (Counsel for Plaintiff) (Name and Address) (b) for defendant: Julia A. Morrison, Esquire, Johnson, Duffie, Stewart&Weidner, P.O. Box 109, Lemoyne, PA 17403 (Counsel for Defendant) (Name and Address 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 14, 2014 Sigture Julia A. Morrison Print your name Attorney for Defendant Date: January 8, 2014 INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding.party shall file their brief 5 days prior to argument. � � i 4. If argument is continued new briefs must be filed with the COURT �(�_I -�5]Ruh) ADMINISTRATOR(not the Prothonotary)after the case is relisted. q i]$s 599860 2*-S00 " C H 4 4✓ �i� 1 r• it--2OI4 Jf4 6 5 P t{: C U�t9f3 {�� �EERLNry?LSY vACNOAaTY JOHNSON, DUFFIE, STEWART&WEIDNER By: Julia A. Morrison, Esquire I.D. No. 307256 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 E-Mail: jam @jdsw.com ROBERTA WHEELER, t/d/b/a : IN THE COURT OF COMMON PLEAS OF KING'S COURT TANNING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 10-6542 CIVIL v. : CIVIL ACTION — LAW KAYLA DORANG, : JURY TRIAL DEMANDED Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: W. Scott Arnoult, Esquire 14 North Main Street, Suite 314 Chambersburg, PA 17201 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoena, is attached to this Certificate; (3) No objection to the subpoena has been received; the twenty day waiting period for objections was waived by Plaintiffs counsel; and (4) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: Jua, . Morrison, Esquire A ,• ney I.D. No. 307256 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 E-Mail: jam @jdsw.com Attorneys for Defendant, Kayla Dorang DATE: January /1, 2014 600920 2 JOHNSON, DUFFIE, STEWART&WEIDNER By: Julia A. Morrison, Esquire I.D. No. 307256 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 E-Mail: jam @jdsw.com ROBERTA WHEELER, t/d/b/a : IN THE COURT OF COMMON PLEAS OF KING'S COURT TANNING, • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • NO. 10-6542 CIVIL v. • CIVIL ACTION — LAW KAYLA DORANG, • JURY TRIAL DEMANDED Defendant NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: W. Scott Arnoult, Esquire 14 North Main Street, Suite 314 Chambersburg, PA 17201 PLEASE TAKE NOTICE that Defendant intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, JOHNSON, DUFFIE, STEWART &WEIDNER ` 1 BY: J a . Morrison, Esquire A o ey I.D. No. 307256 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 E-Mail: jam @jdsw.com Attorneys for Defendant, Kayla Dorang DATE: December 1R , 2013 597364 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBERTA WHEELER, t/d/b/a • KING'S COURT TANNING, • Plaintiff : NO. 10-6542 CIVIL v. : CIVIL ACTION — LAW KAYLA DORANG, : JURY TRIAL DEMANDED Defendant • SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Comcast, Attn: Legal Dept. , 1701 John F. Kennedy Blvd., Philadelphia, PA 19103 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all Comcast telephone records for the business establishment, King's Court Tanning, located at 208 East King Street, Shippensburq, PA 17257, telephone number: 717- 532-5624 for the time period of September 12, 2010 through September 20, 2010. at Johnson, Duffle, Stewart &Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Julia A. Morrison, Esquire ADDRESS: 301 Market Street PO Box 109 Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 307256 ATTORNEY FOR: Defendant BY THE COURT: lib I Pithonotary/C - ivil Division _.'11 Ai_;ALAI D=•uty DATE: 3 Seal of t e Cou (Eff.7/97) 596714 CERTIFICATE OF SERVICE AND NOW, this 10 day of December, 2013, the undersigned does hereby certify that she did this date serve a copy of the foregoing Notice of Intent for Service of a Subpoena upon all counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: W. Scott Arnoult, Esquire 14 North Main Street, Suite 314 Chambersburg, PA 17201 (Counsel for Plaintiffs) JOHNSON, DUFFIE, STEWART & WEIDNER BY: / _ 1t L�� K• Hie ,e son, Paralegal to Julia A. Morrison 597364 CERTIFICATE OF SERVICE AND NOW, this /1-/ day of January, 2014, the undersigned does hereby certify that she did this date serve a copy of the foregoing Certificate Prerequisite upon all counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: W. Scott Arnoult, Esquire 14 North Main Street, Suite 314 Chambersburg, PA 17201 (Counsel for Plaintiffs) JOHNSON, DUFFIE, STEWART & WEIDNER BY: -(i'L P k�� Kellie Nelson, Paralegal to Julia A. Morrison a i z, f PeN "0 Coll t:t Alf//: 4 7 NS ANlq JOHNSON, DUFFIE, STEWART&WEIDNER By: Julia A. Morrison, Esquire I.D. No. 307256 Attorneys for Defendant, 301 Market Street - P. O. Box 109 Kayla Dorang Lemoyne, PA 17043-0109 (717) 761-4540 E-Mail: jam @jdsw.com ROBERTA WHEELER, t/d/b/a • IN THE COURT OF COMMON PLEAS OF KING'S COURT TANNING, • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • NO. 10-6542 CIVIL v. • CIVIL ACTION - LAW KAYLA DORANG, • JURY TRIAL DEMANDED Defendant UNOPPOSED MOTION OF DEFENDANT, KAYLA DORANG, TO EXTEND CASE MANAGEMENT DEADLINES AND NOW, comes the Defendant, Kayla Dorang, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files this Unopposed Motion to Extend Case Management Deadlines, and states as follows: I. BACKGROUND 1. This matter arises out of an alleged defamatory statement allegedly uttered by the Defendant that she contracted MRSA at the Plaintiff's tanning salon. 2. On October 22, 2013, the parties met before the Honorable Judge M. L. Ebert, Jr. to discuss the Defendant's Motion for Status Conference. 3. Pursuant to that conference, Judge Ebert issued an Order, dated October 29, 2013, setting forth deadlines for the completion of discovery, exchange of expert reports, and ultimately setting this matter down for trial beginning on July 14, 2014. 4. According to that October 29, 2013 Order, the Plaintiffs expert reports are due on or before January 31, 2014 and the Defendant's expert reports are due on or before March 14, 2014. 5. On January 9, 2014, the Defendant filed her Motion for Summary Judgment, asserting that the Plaintiff is unable to satisfy every necessary element of either causes of action asserted against the Defendant, along with her Praecipe for Argument, and asking that this lawsuit be dismissed in its entirety. 6. The matter has not yet been set upon an argument list, to the best understanding of the undersigned at this time. 7. The Defendant now files this Motion to Extend the Case Management Deadlines to permit the parties time once the Defendant's Motion for Summary Judgment is argued and ruled upon to engage experts and exchange expert reports, if necessary. 8. The Defendant respectfully submits that she does not want to engage the services of expert financial analysts, medical physicians, etc. if those services, expenses and time are unnecessary based upon this Court's ruling on her Motion for Summary Judgment. 9. A copy of the within Motion was forwarded to Counsel for the Plaintiff via facsimile on January 22, 2014, requesting his concurrence in the relief sought. As of 2 the date of this filing, Attorney Arnoult does concur, having indicated his concurrence via email on January 24, 2014. WHEREFORE, Defendant, Kayla Dorang, respectfully requests this Honorable Court grant her Motion to Extend Case Management Deadlines. The Defendant respectfully requests that this Honorable Court issue an Order upon final disposition of the Defendant's outstanding Motion for Summary Judgment, if necessary, such that the deadlines for the exchange of expert reports, filing of dispositive motions, filing of motions in limine and listing the case for trial are appropriately extended. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: ti �1 WL Julia . Morrison, Esquire Attorn I.D. No. 307256 301 Market Street — P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 E-Mail: jam @jdsw.com Attorneys for Defendant, Kayla Dorang DATE: January 27, 2014 3 CERTIFICATE OF SERVICE AND NOW, this 27th day of January, 2014, the undersigned does hereby certify that she did this date serve a copy of the foregoing UNOPPOSED MOTION TO EXTEND CASE MANAGEMENT DEADLINES upon all counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: W. Scott Arnoult, Esquire 14 North Main Street, Suite 314 Chambersburg, PA 17201 (Counsel for Plaintiff) JOHNSON, DUFFIE, STEWART & WEIDNER r BY: �' Juli- . Morrison, Esquire PFW1 N 2,014 JAN 33 PM 1: 21 CUMBERLAND COUNTY PENNSYLVANIA ROBERTA WHEELER, t/d/b/a : IN THE COURT OF COMMON PLEAS OF KING'S COURT TANNING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 10-6542 CIVIL v. : CIVIL ACTION — LAW KAYLA DORANG, : JURY TRIAL DEMANDED Defendant ORDER n AND NOW, this 30 day of J , 2014, upon consideration of the Defendant's Unopposed Motion to Extend Case Management Deadlines, and all responses filed thereto, it is hereby ORDERED that said Motion is GRANTED. The deadlines for the further handling of this action shall be set forth in a separate Order once the Defendant's outstanding Motion for Summary Judgment is disposed of. BY THE COURT: J. Distribution List: W. Scott Arnoult, Esquire, ARNOULT LAW OFFICE, LLC, 14 North Main Street, Suite 314, Chambersburg, PA 17201, (717) 261-0645 (tel), (717) 261-0820 (fax), Counsel for Plaintiff Julia A. Morrison, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, PO Box 109, Lemoyne, PA 17043; (717) 761-4540 (tel), (717) 761-3015 (fax), Counsel for Defendant eo pi es 0221W, l ," .s f ARNOULT LAW OFFICE, LLC 14 NORTH MAIN STREET • SUITE 314 • CHAMBERSBURG, PA 17201 t PHONE (717) 261-0645 • FAX (717) 261-0820 C:W i-n -C C:) cD : A C3 C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Roberta Wheeler, t/d/b/a CIVIL ACTION-LAW King's Court Tanning, Plaintiff No.10-6542 V. Kayla Dorang, Defendant PLAINTIFF'S RESPONSE TO MOTION FOR SUMMARY JUDGMENT Now comes Plaintiff, Roberta Wheeler with the following response to Defendant's Motion for Summary Judgment and sets forth the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and Denied in part. It is admitted that Defendant filed her motion, it is denied that she is entitled to summary judgment. t - 5. Admitted in part and denied in part. It is admitted that the Defendant has generally set forth the relevant standards for granting summary judgment. It is denied that if the evidence, pleadings and reasonable inferences and conclusions would allow an entry of summary judgment if seen in the light most favorable to the Plaintiff as the non-moving party. By way of further answer, it is denied that the parties have completed production of the relevant expert reports. 6. This is a conclusion of law, to the extent a response is necessary, it is denied that Plaintiff has not set forth a claim upon which relief can be granted. 7. This is a conclusion of law, to the extent a response is necessary, it is denied that Plaintiff has not set forth the elements to prove her causes of action. 8. This is a conclusion of law, to the extent a response is necessary, it is denied that Plaintiff has not set forth the elements to prove her causes of action. 9. Admitted in part and denied in part. It is admitted that the elements of defamation include the elements set forth by Defendant. Notwithstanding, Plaintiff has alleged that Defendant's statements to others, in addition to ordinary defamation were per se defamation because they included statement that third parties should not use Plaintiff s business and that stating that she caught a staph infection or MRSA from Plaintiffs business. By way of further answer, Defendant's statements to her sorority sisters telling them to not use Plaintiff s tanning beds and that she caught a staph infection or MRSA from Plaintiffs beds are not privileged communications and if the court determined that such communications could be privileged, any such communications by Defendant were an abuse of such a conditional privilege. Defendant did not report this to a public health official, instead threatened to tell others that she caught an infection from Plaintiff s business. 10. Denied. This paragraph is a conclusion of law. By way of further answer, Evidence is in the record that could lead a fact finder to believe that Defendant's statements were malicious. Plaintiff alleged that Defendant stated that she was exercising her first amendment rights in telling people not to use Plaintiff's business. Defendant also stated that she was upset and felt that Plaintiff was unprofessional with her when Defendant called her to demand her money back. A reasonable inference can be drawn that Defendant was angry, blamed Plaintiff for her contracting an infection and was further angered by Defendant's feelings that Plaintiff did not take her concern serioulsly. 11. This is a conclusion of law. By way of further answer, statements to the effect that a person believes that they caught an infection from using a tanning bed and that people should not use the tanning beds is capable of a defamatory meaning. 12. Admitted. By way of further answer, communications to others to not use Plaintiff's business and that she contracted a staph infection or MRSA from the business was intended to harm Plaintiff's reputation and to deter third parties from using associating or dealing with Plaintiff. 13. Admitted in part and denied in part. It is admitted that mere opinions are not actionable. It is denied that Defendant's statements were mere opinion. Defendant statements implied that Plaintiffs business was the source and cause of Defendant's infection. Stating facts such as "it is my opinion that I caught a staph infection from or may have caught staph infection from Plaintiff s tanning beds" goes beyond a mere opinion and implies undisclosed facts. Again, viewing the facts in the light most favorable to Plaintiff and drawing reasonable inferences therefrom, it a reasonable inference that Defendant's statements would harm y a- Plaintiff's business, and would lead others to believe that Plaintiff's tanning beds were unsanitary. 14. This paragraph is a conclusion of law. It is denied that Defendant's statements were a simple expression of opinion based on disclosed facts or non-defamatory facts. Defendant's statements included implications that she caught an infection from Plaintiff's business. 15. Denied. Defendant did not just state that her physician told her that she might have caught a staph infection or MRSA from Plaintiff's business. She told others not to use Plaintiff's business and that she caught an infection after using the beds. 16. Denied. Defendant told others that she caught an infection from Plaintiff's business. She told others not to use the beds. 17. It is admitted that Plaintiff testified as set forth in her deposition in response to a leading question. Plaintiffs answer was more accurate when she testified on page 9 of her testimony: Q: On September 13, 2010, did Kayla Contact you? A: By phone. Q: Do you recall the specifics of that conversation? A. She called and wanted me let me know that she just spent the whole day in the emergency room and she had contracted a staph infection from my tanning bed. I begged to differ with the type of solution that we use. I felt is was unlikely that she got it from my business.... At the end of the phone conversation, she let me know that she was going to tell all 19 of her sorority sisters and anyone else she could to stay out of my salon. Robert Wheeler's deposition page 9, 10. Please see Exhibit 1 . j It is respectfully suggested that if the entire deposition testimony of Plaintiff is read, Defendant's selected portions are taking out of context. 18. Denied. Defendant's expression were not simple expressions of her opinion and were statements of fact. 19. Denied. Defendant's statements were defamatory. The finders fact could still infer that Defendant started the rumors and that Defendant did in fact tell others that she caught an infection from Plaintiff's business, given all the testimony. 20. Denied. Defendant told people she caught a staph infection. She also informed them not to sue Plaintiff's business. There is a difference of facts regarding what Defendant told Plaintiff. 21. Denied. It is true that in response to a leading question Plaintiff agreed with Defendant's counsel. Plaintiff also testified that Defendant told her that she was going to tell her sorority sisters not to use Plaintiff's business. 22. Admitted in part and denied in part. Plaintiff's entire deposition should be taken into consideration. 23. Denied. The email was in addition to other statements made by Defendant. 24. Admitted. By way of further answer, it is a reasonable inference that as a result of Defendant telling others about Plaintiff's business and Defendant allegedly contracting an infection therefrom, other third parties would spread the word. Defendant is not going to admit to defaming the Plaintiff. 25. Admitted. By way of further answer, Defendant's testimony is self serving and a reasonable inference can be made that she did in fact know where anyone could get the idea about MRSA and Plaintiff's business. 26. Admitted. 27. Admitted. A reasonable inference is that Defendant did in fact tell others the information that she threatened to when she spoke with Plaintiff on September 13, 2010. 28. Admitted. 29. Denied. It is far from clear that no defamatory statement was made. Somehow, the facts as Defendant alleged to Plaintiff were made known to third parties at the time of the meeting and a reasonable inference is that Defendant was the source of the rumors and that she further intended for the rumors to spread. 30. Denied. There is enough contradictory testimony to have a fact finder decide. 31. Admitted in part and denied in part. It is admitted that truth is a defense. It is admitted that the privileged character of a communication is a defense. It is denied that telling third parties that one contracted a staph infection from a tanning salon when such statements are unreasonable is not privileged communication. It is denied that Defendant's communications were not an abuse of any such privilege. 32. Admitted. 33. Admitted. 34. Admitted. 35. Admitted. 36. Denied. Defendant's provided statements to her physician that she went to a tanning salon. Defendant's records at the most provide evidence that she might have contracted a staph infection after visiting Plaintiff's tanning beds. 37. Admitted. 38. Denied. The records indication that she may have contracted MRSA a week earlier. 39. Admitted in part and denied in part. It is admitted that Plaintiff testified as set forth in her deposition. It is denied that Plaintiff did not have any documentation that Defendant prove that Defendant did not contract MRSA at her facility. 40. Admitted. By way of further answer, in this case, Defendant's comments were not privileged and if the court detennined that a conditional privilege did exist, the privilege was abused. 41. Admitted. By way of further answer, there is evidence that suggest that Defendant was not motivated by a concern for public health and was instead reacting to her perception that Plaintiff was unconcerned and unprofessional. 42. Admitted. 43. Admitted. Defendant was in want of reasonable care and diligence to ascertain the truth of her statements to others concerning Plaintiff s business. Defendant took no efforts to determine if she did in fact contract MRSA from Plaintiff s tanning beds. Instead, she assumed she did. 44. Denied. Evidence also suggests that Defendant wanted to punish Plaintiff and harm her business. 45. Admitted. 46. Admitted. 47. Denied. Defendant did not take any steps to ascertain if she contracted her infection from Plaintiff s tanning beds. 48. Admitted. 49. Denied. Plaintiff provided evidence of the efforts she and her staff took to sanitize the tanning beds. Expert opinion will show that such efforts will result in disinfection the tanning beds and that further, Tanning beds utilize ultraviolet light which kills bacteria. Defendant took no actions whatsoever to determine if she contracted an infection from plaintiffs business. 50. Admitted. 51. Admitted. 52. Admitted. 53. Admitted in part and denied in part. It is admitted that there is a public concern about infections disease being contracted at a tanning salon. It is denied that Defendant took any steps to ascertain if she did in fact contract an infection from Plaintiff's business. 54. Admitted that Defendant denied making the statements. It is a reasonable inference that she did make the statements. It is denied that Defendant was reasonable in her belief that she contracted an infection from Plaintiff s establislunent. 55. Admitted. By way of further answer, Defendant knew that her statements would harm Plaintiff's business. 56. Admitted. 57. Denied. It is denied that the statements were truthful, it is denied that the statements were privileged and it is denied that the statements were not an abuse of a conditional privilege. 58. Admitted. 59. Denied that Defendant's statements were mere opinion. 60. Denied. Plaintiff has been trained in the operation of tanning salons and took reasonable steps to disinfect her tanning beds. 61. Denied. Plaintiff's testimony and Defendant's testimony lead to a reasonable inference that Defendant intended to cause Plaintiff to loss business. 62. Admitted. Defendant did in fact act recklessly with regard to the truth. 63. Denied. Defendant recklessly made statements without determining if she did in fact contract an infection from Plaintiff's business. 64. Denied. 65. Admitted. WHEREFORE, Defendant's motion for summary judgment should be dismissed. Respectfully Submitted, AAA4<�- W. Scott Arnoult Attorney for Plaintiff Pa. Supreme Court#92129 Arnoult Law Office, LLC 14 North Main Street; Suite 314 (717) 261-0645 CERTIFICATE OF SERVICE I certify that on this day I sent a copy of the foregoing response via first class mail to the following: Julia A. Morrison, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne,PA 17043 Date: l 0-1 W. Scott Arnoult ' NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 1 t 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2 ROBERTA WHEELER, t/d/b/a ) CIVIL ACTION - LAW 3 KING ' S COURT TANNING, ) t 4 Plaintiffs, ) No . 10-6542 5 VS . ) ) 6 KAYLA DORANG, ) a 2 7 Defendants ) 8 9 - - - a 10 Deposition of ROBERTA WHEELER } 11 September 8 , 2012 12 13 The deposition of ROBERTA WHEELER, called as a witness on behalf of the 14 Defendant, pursuant to notice and the Pennsylvania Rules of Civil Procedure 15 pertaining to the taking of depositions, taken before me, the undersigned, Suzanne s 16 Minello-Devine, a Notary Public in and for the Commonwealth of Pennsylvania, at the 17 offices of Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, 18 Pennsylvania 17043, commencing at ' 10 : 21 a .m. , the day and date above set forth . 19 20 21 NETWORK DEPOSITION SERVICES 22 SUITE 1101, GULF TOWER 707 GRANT STREET 23 PITTSBURGH, PENNSYLVANIA 15219 412-281-7908 24 - - - 25 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 2 (Pages 2 to 5) 2I 4 1 APPEARANCES: i 1 A. Okay. 2 On behalf of the Plaintiffs: Amoult Law office,LLC 2 Q. Instead of saying uh-huh say yes 3 W.ScottArnoult,Esquire 3 because uh-huh and nuh-huh can be translated 14 North Main Street-Suite 314 4 similarly or be mistaken. 4 Chambersburg,Pennsylvania 17201 5 A. Oka 5 On behalf of the Defendant: I y' Johnson,Duffle,Stewart&Weidner 6 Q. If there is a time that I ask you a 6 Julia Phillips,Esquire 7 question that you don't understand,please, 301 Market Street 8 ask me to rephrase myself. I certainly don't 7 Lemoyne,Pennsylvania 17043 8 — 9 want to try to trick you this morning. We 9 Examination by: Page 10 are just here to gain some facts. Please Ms.Phillips 3 1 make sure you ask me to rephrase it so you 10 Mr.Amoult 98 11 2 understand the question that I'm asking. EXHIBITS 13 A. Okay. 12 Exhibit I Pursue Pamphlet 15 14 If there is a time you don't Exhibit 2 Lucasol Pamphlet 18 Q' when y 13 Exhibit 3 Receipts 22 5 hear me fully,if I'm quiet or I talk fast, Exhibit 4 E-mail 38 6 which tends to happen,ask me to repeat 15 7 myself or slow down and I'll do that for 16 --- 8 you. 17 �19 A. Okay. 18 20 1 y Q. When you do respond,I'll assume 20 1 that you heard me and understood me fully; is 21 2 that fair? 22 3 A. Yes. 23 24 4 Q. If there is a time when you might be 25 2 5 estimating a time or date,please,let me 3 5 1 ROBERTA WHEELER 1 know that it is an estimation. If there is a 2 called as a witness by the Defendant,having 2 time that you don't know a response,I know 3 been first duly sworn,as hereinafter 3 it has been a couple years now since this 4 certified,was deposed and said as follows: 4 alleged defamatory comment,please,let me 5 EXAMINATION 5 know that you don't know so that I don't hold 6 BY MS.PHILLIPS: 6 you to an answer. Okay? 7 Q. Roberta,we met this morning,but 7 A. Okay. 8 not until this morning did we meet. We're 8 Q. Have you taken any drugs or alcohol 9 here for your deposition. Have you given a 9 that would impede your ability to testify 10 deposition before? il 0 truthfully today? 11 A. No,I have not. 11 A. No. 12 Q. I'd like to first start off by 2 Q. Have you been convicted of any 13 asking you to state your full name for the 13 crimes of fraud or dishonesty? 14 record. 14 A. No. 15 A. Roberta Wheeler. I15 Q. I'm going to start now. We're going 16 Q. I'm going to be asking you a series 16 to start with some background information. 17 of questions this morning and I'll ask that 17 Roberta,what is your current residential 18 you respond. When you do,our court reporter 18 address? 19 will take down my question and your 19 A. It is 25 Larch Drive,Shippensburg, 0 responses. 2 0 Pennsylvania 17257. 1 Make sure when you respond to me ?1 Q. How long have you lived there? 2 that you respond with a verbal yes or no 2 A. Eight years. 3 versus a head shake or a head nod because 2 3 Q. What is your date of birth? 4 those non-verbal gestures can't be taken down 2 4 A. August 24th, 1958. 5 today. 2 5 Q. The last four digits of your Social Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 3 (Pages 6 to 9) 6 ! 8 1 Security number? IIII 1 Q. You mentioned that you met Kayla 2 A. 7401. 2 four years ago. What kind of relationship 3 Q. I understand you own a business, 3 did you have with her? 4 what is that called? 4 A. Business. It wasn't--I can't say 5 A. Kings Court Tanning. 5 personal. She was a customer that frequented 6 Q. And the address? 6 the tanning salon. 7 A. It is 208 East King Street, 7 Q. She was a customer. Did you have 8 Shippensburg,Pennsylvania 17257. 8 personal conversations with her when she 9 Q. How long have you owned that 9 would come in? 10 establishment? 10 A. Not that I recall. 11 A. December 4th will be four years. 11 Q. You mentioned she would frequent the 12 Q. Has it always been at 208 East King 12 salon. Does that mean she was there often? 13 Street? 13 Can you be more descriptive of what you meant 14 A. Yes. 14 there? 15 Q. I have your amended Complaint here 15 A. I'm trying to think back. I can't 16 and I'm going to ask you some questions about 16 say that she was what I consider a regular 17 it. I'm giving it to you so you can refer to 17 tanner that tanned at least three to four 18 it as we go along. 18 days a week. I would say maybe twice a week 19 A. Okay. 19 she would come in. 0 Q. Before we actually use it,I want to 0 Q. So it was twice a week for the four 1 ask you a little bit about your contact with 21 years you've known her? 2 my client,Kayla. How long have you known 22 A. I would say,yes. 3 Kayla Dorang? I2 3 Q. Let's go to Paragraph 3 of your 4 A. Approximately,four years. 24 amended Complaint. I'm going to read it. Do 5 Q. When did you first meet Kayla or how 125 you have it there? 7j 9 1 did you first meet Kayla? i 1 A. I'm lost. 2 A. When she first came into the salon. 12 Q. It is the bottom there. "On or 3 I'm pretty sure she was a freshmen. 3 about September 13th,2010,Defendant Kayla 4 Q. A freshmen at Shippensburg? 4 Dorang contacted Plaintiff and stated that 5 A. Yes. 5 Defendant Dorang contracted a "staph 6 Q. At King's Court Tanning I understand 6 infection" from Plaintiffs Tanning Bed No.3 7 that you give tanning or provide tanning 7 and demanded Dorang's money back." Did I 8 services? 8 read that correctly? 9 A. Right. 9 A. Yes. 0 Q. Are these lay down beds or stand up X10 Q. On September 13,2010 how did Kayla 1 beds? What are the services you actually 1 contact you? 2 provide? 2 A. By phone. 3 A. We have eight lie down and one stand (13 Q. Do you recall the specifics of that 4 up. �14 conversation? 5 Q. With respect to Kayla, if you can X15 A. Yes. 6 recall,what did she usually use when she was X16 Q. What were they? 7 at King's Tanning? 117 A. She called and wanted to let me know 8 A. The lie downs. X18 that she had just spent the whole day in the 9 Q. The eight lie downs and the one 19 Emergency Room and she had contracted a staff 0 stand up bed,were these beds that were 20 infection from my tanning bed. I begged to 1 already at the establishment when you 1 differ with the type of solution that we 2 purchased it or did you buy all of those? 2 2 use. I felt it was unlikely that she got it 3 A. They were already there when 1 3 from my business. 4 purchased the business,except for the stand j2 4 She wanted her money back. I told 5 up. 2 5 her what I could do is because she had bought Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 4 (Pages 10 to 13) 10 12 1 a package on the 7th of September,a month 1 Q. Go to paragraph 4,it is on the next 2 unlimited,and she used Bed 3 for seven 2 page. I'm going to read this as well. "On 3 minutes the first time in and then the stand ( 3 September 13th,2010,Plaintiff informed 4 up on the 8th,so what I told her I could do 4 Dorang that it would be almost impossible for 5 was take the month unlimited and change it 5 someone to contract a staph infection from 6 into a 20 minute session which was$5.00 and 6 one of the tanning beds because of the 7 take the minutes that she used and that would 7 hospital strength cleaning solution used on 8 still leave her three minutes left on her 8 the tanning beds after every single use by a 9 package because she wanted her money back. 9 customer." 10 I thought that was the fairest way 0 A. Yes. 11 to handle it. She said that would do. At 11 Q. Prior to September 13th,2010,what 12 the end of the phone call she let me know she 12 was the cleaning solution that you were 13 was going to tell all 19 of her sorority 13 using? 14 sisters and anyone else she could to stay out X14 A. Lucasol. { 15 of my salon. I said excuse me and I had her 5 Q. And you mentioned that is a hospital f 16 repeat it a second time and she did and I I16 strength cleaning solution? 17 basically said okay and hung up. 17 A. Yes, it is recommended for hospital 18 Q. You mentioned that she said that she 18 use. 19 had spent the day in the Emergency Room and 19 Q. How do you know that? 0 developed a staph infection from your bed? 0 A. It is on the bottle. 1 A. Yes. 1 Q. Do you recall producing documents 2 Q. When she mentioned that she 2 through your counsel in a response to Request 3 developed a staff infection,did she say that 3 for Production of Documents including some 4 the doctor said it is possible that she 4 receipts for cleaning products? i 5 contracted it at your office? 5 A. Yes. 11 13 ` 1 A. Yes. I 1 Q. I'm going to show you a copy of the 2 Q. So it wasn't I developed it from 2 receipts that were produced. Were those the 3 your offices? 3 copies of the receipts that you produced? 4 A. Right. 4 A. Yes. 5 Q. It was possible? 5 Q. You can keep them because we're 6 A. Possible,yes. 6 going to refer to them. I've got to put 7 Q. During that conversation on 7 these in order,I apologize. One is 8 September 13th,the first one that you had, 8 missing. So in this receipt it says Amway 9 did you call her honey at any time? 9 Global at the top and it is dated July 7th, 10 A. I probably did. I call a lot of my 10 2009,correct? 11 customers hon or sweetheart,yes. 11 A. Yes. 12 Q. Did you get upset with her during a2 Q. And on the receipt the disinfectant 13 the course of that conversation? 1 3 cleaner is called Pursue Disinfectant 14 A. No,I did not. 4 Cleaner? 15 Q. Is there any way she could have 5 A. Yes. 16 interpreted that you calling her honey was a 6 Q. Were you using Pursue prior to 17 condescending statement? 17 September 13th,2010? 18 A. I don't know. 18 A. One time. 19 Q. When she said that she was going to 9 Q. You bought it one time? 0 tell all 19 of her sorority sisters not to go 2 0 A. No. 1 back to your salon,could it have been 21 Q. Clarify what you mean by one time? 2 because she felt that you were condescending, 2 2 A. I bought for probably a couple 3 it was the way you were speaking to her that 3 months--my daughter was in Amway and so I 24 she didn't agree with? 4 was buying the cleaning product from her, 5 A. I don't know. 2 5 which is equal to the Lucasol which I had Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 5 (Pages 14 to 17) 14 16 F2Q. ly used with my business. 1 A. Pursue. ou said Pursue is t he equivalent to 2 Q. And on that date you ordered Pursue? ? 3 A. Yes. 4 A. Yes. 4 Q. And those are the few months that 5 Q. Did you receive some pamphlets from 5 you testified your daughter was working for 6 the Pursue product when you received it? 1 6 Amway? 7 A. Yes. 7 A. Yes. 8 Q. A description of the product? 8 Q. And those were the ones you 9 A. Yes. 9 purchased through Amway? 10 Q. This was not produced in discovery, 0 A. Yes. 11 but something I found on the Internet and I'd 1 Q. Were you,in fact, using the Pursue 12 like you to take a look at it. 2 Disinfectant Cleaner during that time? 13 A. Okay. 3 A. Yes. 14 Q. Does the picture of the bottle on 4 Q. If we look at the next receipt,this 15 the front of this paper reflect the Pursue-- 5 one is dated September 13th,2010,correct? 16 A. Yes. �6 A. Yes. 17 Q. --that you were using? 7 Q. And that is the date that Kayla 18 A. Yes. 8 called you and said it is possible she 19 Q. Now,does it anywhere on this �9 contracted MRSA at your salon? 0 description identify it as a hospital grade 20 A. Yes. 1 cleaning solution? 1 Q. And on that date,that is the date 2 A. No,I did not read anything about 2 2 you ordered sanitary Lucasol. I have a 3 the hospital. �2 3 description of Lucasol. In this description 4 Q. Does it actually say that it is a 24 it does identify that it is a hospital grade 5 leading household disinfectant? 25 cleaning solution. 15 17 1 A. Yes. 1 You mentioned earlier that you had 2 Q. Does it anywhere in that description 2 used Lucasol prior to working with your 3 say that it kills MRSA,which is the Methi-- i 3 daughter's company,Amway? 4 I'm sorry I don't know how to pronounce it-- 4 A. Yes. 5 Methicillin-Resistant Staphylococcus Aureus? i 5 Q. Why were you using Lucasol before 6 A. No. 6 Amway? 7 MS.PHILLIPS: Would you mind if we 7 A. It is what the previous owner used. 8 have that marked as an exhibit? 8 Q. Does the Lucasol identify itself as 9 MR.ARNOULT: No. 9 being a tanning industry product? 10 MS.PHILLIPS: We'll do this as 10 A. No. 11 Exhibit 1. d1 Q. It doesn't? 12 (At this time Deposition i12 A. No. I never seen this before. 13 Exhibit No. 1 was marked d 3 Q. Take a look at it,please. 14 for identification.) 4 A. I was just looking at the bottle 15 BY MS.PHILLIPS: 15 that I received that has all of the 16 Q. If we look at this next receipt, 6 descriptions on it and I did not see indoor 17 this one is order date 07/07/09 and that is 7 tanning. 18 for the Pursue Disinfectant,correct? 18 Q. Were you looking at the bottle 19 A. Yes. 120 9 before today? 0 Q. If we look at the next sheet the A. Yes. 1 order date is 01/22/2010. What sort of 121 Q. In preparation for today's 2 disinfectant did you order on that date? 122 deposition? 23 A. The Pursue. �3 A. Yes. 4 Q. The next order date we can identify 4 Q. Now that you had the chance to look 5 as March 30,2010,correct? 2 5 through it,and thank you for taking that Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 6 (Pages 18 to 21) 18 20 1 opportunity,on the top the description 1 Q. Do you have more than one line? 2 identifies itself as "The No. 1 Disinfectant 2 A. No. 3 Cleaner in the Indoor Tanning industry", 3 Q. Is there-- 4 correct? 4 A. Oh,I'm sorry. Now I do. Back then 5 A. Correct. j 5 I did not. I have a credit card machine now 6 Q. Under Bactericidal Activity it does, 6 so it is on a separate line from the phone 7 in fact,list MRSA as one of the bacterias 7 line. 8 that it prevents,correct? 8 Q. Okay. 9 A. Correct. 9 A. Back then I didn't. I just had the 0 Q. You had mentioned it is a hospital 10 one line. 1 grade disinfectant. If we look at what 1 Q. And this is the one line you had? 2 diseases this Lucasol One Step Deodorizing 12 A. Yes,yes. 3 Disinfectant Cleaner kills--let me bring 13 Q. Did you have a business account and 4 you to where I'm talking about--it actually 14 a personal account with Comcast? 5 says,"It is a hospital grade Virucide, 15 A. Yes. 6 Fungicide,and Bactericide." Correct? 16 Q. Are they billed together or 7 A. Correct. 17 separate? 8 MS.PHILLIPS: Let's have this 18 A. Separate. 9 marked as Exhibit 2? Any objection? 7 9 Q. Is the account under your name 0 MR. ARNOULT: Let's save the �0 personally or King's Court Tanning? 1 objections for trial. 1 A. King's Court Tanning. 2 (At this time Deposition 2 Q. Well,you mentioned that the order 3 Exhibit No. 2 was marked 2 3 for Lucasol that you had placed on September 4 for identification.) 4 13,2010 was placed before your phone call 5 BY MS.PHILLIPS: 5 with Kayla? 19 21 1 Q. Ms.Wheeler,why on September 13th, 1 A. Yes. 2 2010,after Kayla mentioned to you it was 12 Q. Why on that date did you decide to 3 possible she contracted MRSA at your salon, 3 change to Lucasol? 4 did you then change back to Lucasol? 4 A. Because my daughter was no longer in 5 A. That order was placed before the 15 the business. 6 phone call. It has nothing to do with what 6 Q. If we look at the next invoice,I 7 she--the order was placed--if that was 7 have a question mark on this one just because 8 the date on the top that is when I called and 8 you produced it as a receipt for a cleaning 9 placed the order and it should have a time 9 product and I didn't see that there was one 0 stamp on there as to when it was ordered. ��0 that you had produced. The date is February 1 Q. There is a time stamp for 1:42 p.m. 1 1st,2011. I didn't know if one of those-- 2 A. Right. U-2 A. Did I miss it? I might have pulled 3 Q. Do you have your phone records for r 3 -- 4 September 13th,2010? �4 Q. It might be a mistake and if so just 5 A. No, I do not. 15 let me know. 6 Q. Would you be able to contact your 116 A. Yes,because this one here is the 7 provider and obtain them? 17 4th of April. Yes,that was one by accident 8 A. If someone tells me how to do it, a 8 I would say. Yes,that was my mistake. LA.I'll do it. 9 Q. You mentioned that April 7th,2011 . Who is your phone provider? 2 0 was the next receipt? . It is Comcast. 21 A. Yes. . And this is your business phone? 2 Q. And on that date you purchased Yes. 2 3 Lucasol? . What is the telephone number? 24 A. Yes. . It is(717)532-5624. 25 Q. And the final receipt that I have is Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 7 (Pages 22 to 25) 22 24 1 dated August 18th,2011. You would agree 1 telling people that she got MRSA out of my 2 with me that you purchased Lucasol then? 2 salon. 3 A. Yes. 3 I asked her why she thought she got 4 Q. From the time that your daughter had 4 it from my tanning salon and she told me that 5 been working at Amway and you were using the 5 the doctor at the Emergency Room asked her 6 Pursue Disinfectant Cleaner,did you notice 6 where she had been recently,different places 7 any difference in the cleaning of the tanning 7 that she frequented,and the only place she 8 beds with that product? 8 could think of was the tanning salon and so 9 A. No. 9 she told him that and he said that would be a 10 MS.PHILLIPS: I would like the 10 possibility that she could have gotten it 11 receipts to be marked as Exhibit 3. 11 from my salon. 12 (At this time Deposition 12 Q. The students that you are referring 13 Exhibit No.3 was marked 13 to that came into your salon on September 14 for identification.) 14 16th did they say who told them the rumor? 15 BY MS.PHILLIPS: 15 A. No,they did not. 16 Q. If we go back to the amended 16 Q. Did you ever ask him them? 17 Complaint,we'll go to paragraph 5 and I'll 17 A. No,I did not. I was distraught at 18 read this for you. �18 that time. 19 "On September 13th,2010,Defendant 19 Q. Paragraph 6, "On or about September 0 Dorang informed Plaintiff that the doctor she 0 13th,2010,Defendant Dorang told Plaintiff 21 saw told Defendant Dorang that she must have �21 that she intended to tell "all 19 of my 2 contracted a staph infection from Plaintiffs 22 sorority sisters and anyone else that I can 3 tanning bed." 13 to stay away from your business." 24 Did she give you any context as to 24 We covered that earlier. When she 25 why the doctor said she must have contracted 2 5 was saying stay away from your business,what 23 25 1 it from your tanning bed? 1 do you think she meant? Do you think it was 2 A. She didn't on the 13th. She didn't 2 because of the attitude that she felt was 3 give me any reason why the doctor would have 3 from you or because of the possible MRSA? 4 said that. That conversation took place on 4 A. I would say the possible MRSA. 5 the 16th when I spoke to her. 5 Q. Did she say I'm going to tell all 19 6 Q. On the 16th she followed up and kind 6 of my sisters not to go there because of MRSA 7 of gave you a reason why the doctor-- 7 explicitly? 8 A. When I called her,yes. ( 8 A. No. 9 Q. Let's just get to that right now. ( 9 Q. Paragraph 7,"Defendant's statement 10 A. Okay. 10 that she contracted MRSA from Plaintiffs 11 Q. You called her on September 16th? 11 business were false." Why do you say that? 2 A. Yes. 12 A. On the day that she came in on the 3 Q. What was the purpose of that call? 13 13th,we tanned approximately 171 customers 4 A. Was to actually to get her to stop 114 that day and only one person contracted a 15 spreading the rumor. �15 staph or MRSA out of my salon. 16 Q. And what was the rumor you're 16 Q. That is pretty good odds. 17 talking about? 117 A. Right. 18 A. On the 16th of September,I had a 18 Q. So you're saying because no one else 9 student come in from the university to let me il 9 complained that they got MRSA that Ms.Dorang 0 know that there was a rumor going around ?0 did not get MRSA? 1 campus that a student got MRSA out of my !21 A. No,I'm not saying that. 2 tanning salon and it was followed up by a few 22 Q. I don't want to put words in your 3 more people coming in throughout the day. 12 3 mouth. 4 That evening I called her to discuss 124 A. No,for me it was just hard to 5 getting,you know,getting her to stop 125 believe that that number of people and only Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 8 (Pages 26 to 29) 26 28 F2Q. plaint. 1 regular customers of your tanning salon? o you're saying tha t it was hard to 2 A. Yes. she contracted MRSA. Are you still 3 Q. Did they also work there? 4 saying that she absolutely--it is false 4 A. No. 5 that she contracted MRSA there? ( 5 Q. Did they mention to you how they 6 A. Honestly,yes. 6 heard these rumors? 7 Q. I'm going to follow-up with a couple 7 A. No. 8 questions then. Did you ever have your 8 Q. Did they say as part of the rumor 9 tanning beds tested? 9 that someone absolutely contracted MRSA,or 10 A. No. '10 that it was possible that someone contracted 11 Q. Do you have any documentation to 11 MRSA at your salon? 12 prove that she did not contract MRSA at your 12 A. They said they just heard the rumor s` 13 tanning salon? 113 that someone got MRSA from my salon. 14 A. No. �14 Q. Did Savannah Beiler and Ellie Fash ; 15 Q. Are you basing the explanation that 15 continue to tan at your salon after hearing ? 16 the statements that Kayla contracted MRSA 16 that rumor? 17 from your business were false just upon a gut 17 A. Yes,they did. 18 feeling-- 118 Q. In response to those two women 19 A. Yes. 119 telling you that they heard this rumor about 0 Q. --that no one else contracted it? 120 MRSA,what did you say? What was the fervent 1 A. Yes. 121 conversation? 2 Q. When Kayla spoke to you she didn't 22 A. That it was just that,a vicious 3 say that she contracted MRSA. She said it is 2 3 rumor. 4 possible I contracted MRSA,correct,at your i2 4 Q. In paragraph 9 of your amended 5 salon? 25 Complaint you mention there was a customer 27 29 1 A. if my memory serves me she said it 1 who attended high school in the Shippensburg 2 was possible,yes, if my memory serves me 2 area. Is that one of the two students you 3 correct. 3 identified? 4 Q. We'll go on to paragraph 8. "In the 4 A. No,that was a phone call that we 5 next several days following the conversation 5 got on the 16th. 6 between Defendant Dorang and Plaintiff, 6 Q. Do you have the identity of that 7 Plaintiff was told by several customers who 7 person? 8 attended Shippensburg University that there 18 A. No,I do not. 9 was a rumor that someone had been infected 9 Q. Do you know if that person continued 10 with MRSA at Plaintiffs tanning business." 110 to tan after calling you about the rumor? 1 This is the testimony you gave `1l A. No,I do not. 2 earlier where on the 16th of September you 1l2 Q. In paragraph 10,"On September 16th, 3 had a couple students come in? ;13 2010,Defendant Dorang informed the Plaintiff 14 A. Yes. 114 that she was infected with MRSA from 5 Q. Do you have the identity of those 115 Plaintiff's tanning bed." 6 several customers who told you about that '16 We had discussed this follow-up 17 rumor? 117 conversation and that is when she told you 18 A. I have two. 118 the doctor said it was possible that a 9 Q. Who are those people? 1l9 tanning bed was the cause of the INIRSA? 0 A. Savannah Beiler. 120 A. Yes. 1 Q. Savannah Bueller? X21 Q. Paragraph 11,"When Plaintiff asked 2 A. Beiler. 2 Defendant Dorang how she could know that she 3 Q. Okay. 2 3 contracted MRSA from Plaintiffs tanning bed, 24 A. And Ellie Fash,F-a-s-h. 2 4 Defendant Doran-stated that the doctor she 25 Q. Were Savannah Beiler and Ellie Fash ?5 saw told her she might have contracted MRSA Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 ' NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 9 (Pages 30 to 33) 30 1 32 i 1 from a tanning bed." 1 vicious rumor. 2 Again,you said she might have 2 They both looked at each other and 3 contracted MRSA? 3 the one said so you weren't closed down for 4 A. Yes. 14 any length of time and I said no. They then 5 Q. And that is the opinion of the 5 came into the shop and the one girl said we 6 doctor as Kayla was describing it? 6 got an e-mail. 7 A. Yes. 7 At that time when I heard there was 8 Q. Did you ever speak with Kayla's 8 an e-mail out about it,you know,I just 9 physician? 9 started crying. I didn't know what else to 10 A. No. 10 do. They tanned and before they left I asked k 1 Q. Paragraph 1.4,"In the next several 11 them if they could,please,give me a copy of 2 days,Defendant Dorang then did,in fact, 12 the e-mail. 3 continue to tell members of her sorority, 3 At that time I didn't have a 4 Alpha Sigma Tau,and others that she was 4 computer or anything to receive it so I had 5 infected with MRSA at Plaintiffs business." , 5 them e-mail it to my best friend and then she 6 How is it that you believe that the 16 made a copy and gave it to me. 7 Defendant did,in fact,continue to tell 17 Q. We'll back-up. The two students 18 members of her sorority that she was,in X18 that you mentioned received the e-mail,do 19 fact,affected with MRSA at your business? I�19 you have their identity? 0 A. With an e-mail. 0 A. Yes,I do. 1 Q. I have a copy of an e-mail that I 21 Q. Who are they? 2 believe is what you are referring to, 2 A. Megan Brown. 3 correct? 3 Q. And the other? 4 A. Uh-huh. 4 A. Emily Wiker,W-i-k-e-r. 5 Q. Take a look at that. This was also 5 Q. Do you know if they are part of the 31 33 1 produced in your discovery responses. Is 1 sorority? 2 that the e-mail that you are referring to? 2 A. No,I know--I can't say I know for 3 A. Yes,I am. ; 3 sure,but I'm pretty sure they belong to a 4 Q. What is the date of this e-mail? i 4 sorority,but I don't know if it was the same 5 A. The 15th I believe,minutes were 5 one. 6 taken on 09/15. 6 Q. The same one as the Defendant was 7 Q. Is that the day of the e-mail? j 7 part or 8 A. This e-mail was given to me on the 8 A. Correct. 9 27th. 9 Q. Did either of them work for you? 0 Q. September 27th? 0 A. No. 1 A. Yes. Q. Who is the best friend that you 2 Q. What I'm asking you about for the 1,12 identified that these girls forwarded their 3 date of the original e-mail is that 3 e-mail to? 4 identified on this e-mail? 7 4 A. Wanda Garrett. 5 A. It has the meeting minutes on 09/15 115 Q. Garrett? 6 so I am assuming that is when the e-mail was 6 A. Garrett. 7 --I don't know if this is when the e-mail il 7 Q. Do you know who Tawney Eder is? 8 went out or if it is here on the 19th, it is 118 A. No,I do not. 9 two different dates,I don't know. it 9 Q. At the top of this e-mail it says, 0 Q. Fair enough. Now,how did you end ?0 "This is a message that all of Greek Life 1 up receiving a copy of this e-mail? 12 1 got." Do you know who that message was sent 2 A. I had two students come to my salon, 22 to? 3 stop before they walked in,asked me if I got 12 3 A. No,I do not. 4 the MRSA cleaned up in my tanning salon. 1 24 Q. Do you know who it was sent from? 5 said I didn't have MRSA,it was just a ?5 A. No,I do not. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 10 (Pages 34 to 37) 34 36 F2the�mneeting he original a-mail that contains 1 Q. What does the a-mail state for the minutes,can you tell from this 2 record? 3 e-mail who the original sender of the e-mail 3 A. It says, "Be aware that King's Court 4 was? ( 4 Tanning is potentially a carrier for MRSA, 5 A. No,I could not. 5 which is a drug-resistant staph infection. 6 Q. blow computer savvy are you? 6 Inform your sisters about this so no one gets 7 A. None. 7 infected." 8 Q. So that might be part of the 8 Q. And we've been using some 9 problem. 9 terminology earlier in the deposition where 10 A. I'm just learning a laptop,I just 10 the Defendant said that it was possible that 11 got one. 11 she contracted MRSA at your salon,correct? 12 Q. And you just got e-mail,too? 12 A. Correct. 13 A. Yes. 3 Q. And this comment that you just read 14 Q. I'm going to point you to some areas 4 that also says that your salon was 115 on this e-mail and it might be a learning ?5 potentially a carrier for MRSA,correct? 16 process for you,but it is also going to be . 6 A. Correct. 17 identifying some items on the e-mail. 17 Q. So it doesn't say that your salon is 18 A. Okay. 8 a carrier for MRSA? 19 Q. Right here,we're looking at the i 9 A. No. 0 middle of the page,it says from Pontani, 120 Q. Does it say anywhere here that it 1 Adrienne. We're taking Adrienne Pontani,the F1 was Kayla Dorang that made this statement at 2 e-mail is from her. If you are looking at 2 this meeting? 3 that would that mean that Adrienne sent the 3 A. No. 4 e-mail? You might not understand because-- 24 Q. Do you know who it is who made this 5 A. I don't know. I don't want to say 25 public relations statement during the 35 I 37 1 yes and I don't want to say no. I don't know. 1 meeting? 2 Q. In the two lines there is a bunch of 2 A. No. 3 names identified. Are you one of those 3 Q. Have you been told at any time-- 4 people that are identified? 4 A. No. 5 A. Myself personally? 5 Q. --who it was? 6 Q. Yes. 6 A. No. 7 A. No. 7 Q. Do you know if this statement was 8 Q. Is Megan Brown one of those people 1 8 made with Kayla Dorang's approval? 9 that are identified? 9 A. No. 0 A. Nope. 0 Q. We are going to go back to paragraph 1 Q. What about Emily Wiker? �n 1 14. You mentioned that Kayla did,in fact, 2 A. No. r 2 continue to tell members of her sorority and 3 Q. Is my client identified in the two 13 others that she was infected. Who are the 4 lists? L 4 and others you are referring to? 5 is Yes. 15 A. Other students that came in 6 Q. Do you know who Tawny Eder is? 6 throughout the days asking me or telling me 7 A. No. 17 that they heard rumor that I had MRSA. 8 Q. You had mentioned that this e-mail 18 Q. Now,is it your allegation that the 9 is the way in which my client told others �9 Defendant Kayla Dorang told all of those 0 that she contracted MRSA or possibly �,2 0 other people that she contracted MRSA? 1 contracted MRSA. Where in this e-mail is 1�1 A. I wouldn't say that she told all of 2 that statement identified? ?2 them,but she told a number of them. 3 A. Public Relations. ?3 Q. Now,the number of students that 4 Q. Under the heading Public Relations? 24 you're talking about,are you saying that she 5 A. Yes. 25 personally talked to them? Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 11 (Pages 38 to 41) 38 1 40 F2sisters, would say 19 of her sorority 1 Ms.Dorang told you that it was her doctor's es. 2 opinio n that it is possibly that she . re all 19 of her sorority sisters 3 contracted MRSA at your salon. Why is it 4 customers of your salon? 4 that you say that she was reckless then in 5 A. Not all 19,but the majority of her 5 saying that statement? 6 sorority,yes,I would say. 6 A. Where was her proof that she 7 Q. Now,the students that you had 7 actually got it from my salon. 8 identified earlier,you haven't said that any 8 Q. Okay. Paragraph 21,"In the days 9 of those students are members of her 9 the followed the false statements to the 10 sorority,correct? 10 effect that Plaintiff's business was a source 11 A. I don't know that. ill of MRSA or substantially similar statements 12 MS.PHMLIPS: I would like to mark 12 that Plaintiff's tanning beds were 13 this e-mail as Exhibit 4. �13 contaminated with MRSA and that people should 14 (At this time Deposition 14 not visit Plaintiff's business to avoid 15 Exhibit No.4 was marked 15 getting infected with MRSA were repeated at a 16 for identification.) 16 Shippensburg Women's Panel Counsel Meeting 17 BY MS.PHILLIPS: 17 and to other third parties." 18 Q. Pararaph 16 of your amended 18 We are going to break this down just 19 Complaint,!"Defendant Dorang knew or should I19 briefly. We're going to start at the top,to 20 have known that the statements to the effect I2 0 the effect that Plaintiff's business was a 21 that she was infected with MRSA at the II21 source of MRSA or substantially similar 2 tanning salon were false." i2 2 statements,beyond the e-mail that you 23 How is it that you believe that 23 received where it says that King's Court is 24 Kayla knew or should have known that she did 24 potentially a carrier,what were those 25 not contract MRSA at your salon? 25 substantially similar statements that you are 39 41 1 A. My opinion. 1 referring to? 2 Q. Your opinion? 2 A. I don't understand. 3 A. My opinion. 3 Q. I'm going to try to rephrase it,but 4 Q. Again,you haven't testified that 4 I don't want it to be too confusing for you. 5 she said I contracted at the salon. You've 5 Besides the comment in the Public Relations 6 only testified that it is possible that she 6 report about King's Court potentially being a 7 contracted at your salon? 7 carrier for MRSA,your Complaint says that 8 A. Correct. 8 there is substantially similar statements. 9 Q. Paragraph 17, "Defendant Dorang's 9 When you state that are you 0 statements that Plaintiff s business was a X10 referring to the rumors that were made,or is 1 source of MRSA was intended to cause 11 there any other written document to the 2 customers to avoid using Plaintiff's goods or 2 public that you know or 3 services and therefore were intended to cause 1 3 A. No,rumor. 4 pecuniary losses to Plaintiff." How is it 4 Q. In your Answers to Interrogatories 5 that you know this and set forth? 15 you mentioned that a Candy Breckbeal was 6 A. Because I lost business. I16 someone who you found out there were these 7 Q. Because you lost business,you are '17 allegedly false statements going around. How 8 alleging that the Defendant meant for you to 8 do you know Candy Breckbeal? 9 lose business? 9 A. She is a tanner at the tanning 0 A. At this point,yes. 2 0 salon. 1 Q. Paragraph 19, "Defendant Dorang's r 1 Q. Did she continue to tan at your 2 statements were at the very least made 22 salon after she heard the rumors? 3 recklessly with regard to whether or not they !23 A. Yes. 4 were truthful or not." i2 4 Q. You mentioned Savannah Beiler as 5 You testified earlier that 5 being a tanner,also? Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 12 (Pages 42 to 45) 42 44 1 A. Yes. j 1 season,the rest of that year,then into 2 Q. Do you know when we're looking at 2 January of 2011 they continued until I would 3 the e-mail,which is Exhibit 4,do you know f 3 say probably February,March. 4 if Kayla Dorang was actually at that meeting? 4 I was then at that point spending 5 A. No. I will point out though that 5 money to get my business back,advertising 6 Candy Breckbeal is not a college student. 6 different ways,giving away free tans,free 7 Q. Is she a high school student? ( 7 sample of lotions,that type of thing. 8 A. No. She is a physical therapist at ( 8 Q. Did you say in March of 2011 you 9 the Shippensburg Summit. 9 started these new advertising campaigns? 10 Q. Do you know how she had heard this 0 A. No,I started them probably in 11 rumor? 1 February,in around there. When the students 12 A. Yes,she told me that a student came 2 come back from Christmas break that is when 13 in for physical therapy at the Summit 3 my business is considered what we call busy 14 building and asked her where she tanned and 4 season. If I can explain a little bit about 15 she said she tanned at King's Court and she 5 how my business works. Y 16 proceeded to tell her,well,you don't want 6 Q. I was going to go there,but let's 17 to tan there,they have MRSA,I heard they 7 do it now. 18 have MRSA. She told them that she didn't 8 A. When the students are in they are 19 feel that that was true and she was going to 9 like 85 percent of my business,okay. When 0 continue to tan. 2 0 the students are in,I have to make my money 1 Q. Okay. We're going to get in now to 1 then because when they go out on summer 2 some of the damages or the effects that you 2 break, when they go out on Christmas break,I 3 say have resulted from a result of the 3 need to have"x"amount of dollars to carry 4 alleged defamatory statement. Those are set 4 me through the months they are not here. 5 forth in paragraph 29 of your amended 25 When this all happened in September 43 45 1 Complaint. 1 that kicks off of my fall busy season. I 2 In paragraph 29 you state, "As a 2 need to make my money from that time to 3 result of the false and defamatory statements 3 December until they go out for Christmas. 4 made by Defendant,Plaintiff has suffered and 4 That money is made to carry me through the 5 continues to suffer damages including but not 5 December and January months until they come 6 limited to,first,loss of customers." That 6 back. 7 is where we're going to go now. ' 7 Then we start the busy,busy season 8 A. Okay. 8 which is the spring. By the time the 9 Q. Please describe to me how you feel 9 students get back they have spring break so 10 you've lost customers as a result of this 0 they tan up for that and that gets busy in 11 statement? 11 February. It runs clean until May,until 12 A. By the numbers. Each day I keep 12 graduation. 13 track of how many tans we provide and total 13 Once they go home for the summer,I 14 at the end of the week. After the 16th of 4 then have June,July,and August,the monies 15 September my numbers were dropping off. 5 that I've made,to carry me through those 16 Q. How long,if you can approximate, 6 months in order to keep my bills paid until 17 were your numbers dropping off from the daily 7 they come back the end of August and we start 18 tans before September 16th,2010? 18 all over again in September. 19 A. Numbers were not really dropping 9 Why I say this is in September when 20 until after the 16th of September. .20 all of this took place I was losing the money 1 Q. After the 16th of September,if you 21 that I would have normally made to carry me 2 can approximate,how long would you say that 2 2 through. Now all I'm doing is playing catch 3 the numbers dropped,for how many days or 3 up with when I do get busy in my busy season 24 months? 4 the extra money that I should be putting back 5 A. Months. Actually,the rest of the 5 to carry me through to the next off season, Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 i NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 13 (Pages 46 to 49) 46 � 48 1 I'm just putting it back in to get caught 1 I do have a--that is a cash discount price 2 back up. ! 2 and then I do offer--right now I do the 3 Q. Okay. 3 Visa,Master Card,Discover,and check which 4 A. So,yes,just losing 100 customers 4 is a few dollars more. 5 at 25 --at that point I even had to raise my 5 Q. And that is because of the fee that 6 prices this year at$25 a customer. That is 6 you are charged? 7 like almost like$1500 a month that you would 7 A. Yes. 8 be losing for the repeat. My one month 8 Q. Going back up when we were talking 9 unlimited is my best package because the 9 about loss of customers after September 16th, ' 0 students can afford it and it is constant 10 2010 and you threw out there a number of you 1 money coming in each month. 11 lost 100 customers. Was that just to provide 2 Q. Let's talk about your rates then. 12 an example or was that an approximation? 3 You said one month unlimited? 3 A. An approximation. 4 A. It is$25,but now we do have to 14 Q. You lost 100 customers through the 5 collect the 10 percent tanning tax which 15 end of the year that you would have gained? 6 brings it to$27.50. 16 A. That would have been a repeat, 7 Q. I'm sorry,you said 25? 7 repeat customers. 8 A. Yes,$25 and then the$2.50 tanning I18 Q. Your documents to substantiate that 9 tax on top of that so the total was$27.50.I 19 claim are numbers of daily tans;is that 0 had to raise my prices the first of July of 20 correct? 1 2012 to start--everything else is going �21 A. I don't understand. 2 up. I didn't want to do it,but I had to do 22 Q. I have written down numbers daily 3 what I had to do. 23 tan,you write that down daily and then you 4 Q. As of July 2012 it is$27.50? 4 add it up weekly and then monthly? 5 A. No,now they are$33. It is .25 A. Yes. 47 49 1 $33.00 as of July 1 st,2012. It is$33 now 1 Q. I wanted to show you something that 2 and that includes the tanning tax. 2 was produced in discovery to see if this is 3 Q. Ms.Dorang had purchased one month 3 what you are referring to for my records. 4 unlimited? 4 A. Yes,those are all records. 5 A. Right,for$27.50. 5 Q. You are relating the approximately 6 Q. What are your other packages or were 6 100 repeat customers to Kayla Dorang's 7 your other packages? 17 alleged statement because it occurred after 8 A. At that time it was a single 20 8 September 16th,2011? 9 minute session was$5.00. A 120 minutes was 9 A. 2010. 10 --let me think because I changed my prices. 10 Q. 2010,thank you for that correction. 11 Q. Why don't you give me the prices 11 A. Correct. 12 then and now so that I can just ask you one !12 Q. Again,that was just from September 13 time. So 20 minutes was$5.00 and now it is .13 2010 through February when the students come 14 what? i14 back? 15 A. It is$6.00. And 120 minutes is-- 15 A. Correct. 16 isn't this awful. 1116 Q. In February and March when the 17 Q. if you can't remember just tell me 117 students come back for spring semester,your 18 that. !18 numbers then pick up again? 19 A. I cannot remember at this time. I 119 A. Yes. 0 know my main packages are my month unlimited 2 0 Q. Following on your Complaint the next 1 which is$33.00,my two week unlimited is 21 damage you allege is loss of revenue. Do you 2 $22.00,and the 120 minutes is$35.20 I X22 see that,paragraph 29? 23 believe. 2 3 A. Yes. 9 Q. That is now? 4 Q. What do you mean by loss of V2 5 A. Yes,they are the prices now. Now, 2 5 revenue? Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 14 (Pages 50 to 53) 50 52 1 F2Q. oss of sales. 1 Q. That was before September 2010? nd the lo ss of sales is the new 2 A. That is a daily practice. tannng packages? 3 Q. What about sample lotions,did you 4 A. Repeat customers,new packages,yes. 4 ever give those away? 5 Q. Are tanning product sales also ; 5 A. No,they sell them for a dollar from 6 included in your loss of revenue? 6 anywheres from an ounce to two ounces we sell 7 A. Yes. 7 them for a dollar. l 8 Q. The rates after September 2010,did 8 Q. You mentioned that in February 2011 9 they change at all until July 2012,but as a 9 you started adding a couple free days to a i 0 result of this incident from September until 10 month-- 1 1 February did the rates change at all? 11 A. Month unlimited, free tan Monday, 2 A. I don't understand the dates again. 12 just come in,and everybody that came in 3 Q. September 2010 through the next 3 received a free tan. Just little things like , 4 spring semester when you said your numbers 14 that to promote the business back. 5 fell-- is Q. Did you ever have free tan Monday's 6 A. To February. �16 before December 2010? 7 Q. --to February 2011,did you change 17 A. I did. One time,I believe,let me 8 your rates,the customer package rates,the 8 think,I did one time in 2009 for the Down 9 20 minutes rates at all? 9 Syndrome Awareness. We did a fund raiser ; 0 A. No. 0 where we did free tans that Monday and Kings 1 Q. You mentioned earlier that you gave 1 Court donated a dollar to every free tan we ` 2 away free tanning? 22 gave away. 3 A. Yes. 23 Q. What about the one dollar lotions 4 Q. For what period did you give away 24 were those one dollar before? 5 free tanning? 25 A. Yes,they've always been a dollar. g 51 53 1 A. That period starting in--I'd say 1 Q. What about offering a free tan when 2 in February I started when the students came 2 a customer would pull a flower? 3 back to get new customers back in giving free 3 A. Yes,we do that--we started that 4 20 minute tans, giving free sample lotions, ( 4 in 2009 or 2010 I started that. 5 just anything to try to bring new customers 5 Q. How many free tans would that amount 6 back into the salon. 6 to per month? 7 Q. So it wasn't in the fall semester? 7 A. That only happened for--we did it 8 A. No,I couldn't do anything at that 8 for a week with the flower,pick a flower and 9 point. 9 win a free tan,we did it for a solid week. 0 Q. What do you mean you couldn't do 10 We had at Easter pick an egg and win a free 11 anything? 1 tan and we did that for a week. We did that 2 A. Financially,you know, I didn't know 2 in 2010. I think that was the first year we 3 what was going to happen so I was just 7 3 tried that to see--give back something to 4 hanging onto what I had. When the new season �14 the customers that were coming in. 5 started,I had to do something to try to get 15 Q. So you'll admit that before February 16 customers back into my shop so I went ahead 16 2011 you were giving away free tans,you were 7 and started offering,you know,extra free j17 having free 20 minute tans for new referrals 8 tans,added extra free days onto the month 18 and to the referring customers? 19 unlimited, free sample lotions,that type of I19 A. Yes,yes. 0 thing. 2 0 Q. Maybe you can differentiate the 1 Q. Did you offer any of those 1 difference then. You gave away these pick a 2 incentives prior to September 2010? 2 flower or pick an egg and free tan Monday's 3 A. We did offer a free 20 minute tan to 23 before September 2010. What changed then in 24 a new customer plus then 20 minutes free to 4 February of 2011? 5 the referral. 2 5 A. I did it more often. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 15 (Pages 54 to 57) 54 56 Fis nd describe to me what more often 1 specific,is this harm to your reputation as 2 an ind ividual or to Kings Court Tanning? 3 A. nstead of doing like the free tan ` 3 A. King's Court Tanning. 4 for--how do I explain this? I didn't do 4 Q. How long would you say that your 5 the pick an egg or the flower more,it was 15 reputation was impaired? 6 just I gave away more free tans to people 6 A. Through the months of September, 7 when they came in. 7 October,November. 8 I don't know how to explain it. I 8 Q. When those students came back for 9 don't know how to explain it. It just seemed 9 the spring break,you felt that your 0 like I was giving away more free things then 1 0 reputation had garnished support again? 1 in the past. I don't know how to explain 111 A. Slowly. I won't say it happened all 2 it. I really truly don't. 12 of a sudden. 3 Q. If you can't explain it,do you have 13 Q. Today how is your company doing? 4 any documents that set forth all of these 14 A. It is holding its own. 5 free tans that you were giving away? I15 Q. You mentioned that their are ebbs 6 A. I do. Everybody that got a free tan I16 and flows of the tanning industry. From 7 I had them sign--they signed in,let's put 17 September of 2010 and then the spring season 8 it that way,they signed in and got a free 18 of 2011,do those same ebbs and flow still 9 tan. I had their signature and that way I 19 occur in 2011,2012,and expected for 2013 0 knew how many free tans I gave out at that 20 with the changing of the semesters for the 1 time. I do have those. 1 students? ; 2 Q. I'm going to ask you to produce 2 A. What do you mean by ebb and flow? 3 those to your attorney. 3 Q. You mentioned that you have a busy 4 A. I just have to locate them. �2 4 fall semester season and then it kind of ebbs 5 Q. That was after February 2010 for 25 down for the winter and then it comes back up 55 I 57 1 that spring season that you're talking about 1 for the spring semester and then goes down 2 that you had the sign-in sheets? 12 for the summer? 3 A. Yes. 3 A. Yes. 4 Q. Did you do that before? 4 Q. Is that true now of 2011 and 2012, 5 A. No,no,I don't remember keeping 5 those same ups and downs? 6 track of tans. 6 A. Yes. 7 Q. Free tans? 7 Q. And your clientele base is still the 8 A. Free tans,yes,other than on the 8 85 percent students? 9 cards that they filled out. 9 A. Are you talking to this season that 0 Q. So you are admitting that you gave 10 we're in right now? 1 away free tans,but you didn't keep track of 11 Q. Yes,currently. 2 them before February 2011? ?112 A. Yes. 3 A. No,no,no. Yes,yes,I'm sorry,I 2 3 Q. So 85 percent students? 4 keep track of everything I give away free. 14 A. Yes,that is the bulk of my 5 Q. I'm glad I asked the follow-up. So `15 business. 6 you would have documentation to support 1�6 Q. Today do you still suffer any 7 giving away free tans prior to-- �-- 7 residuals of the September 2010 comment? 8 A. Yes,yes. it 8 A. Yes. 9 Q. I'm going to ask you to produce them 19 Q. How is that? 0 to your attorney as well. 2 0 A. Financial. 1 A. Okay. 21 Q. How are you still financially 2 Q. We're on the same page now. �2 impacted? 3 A. I'm sorry. 2 3 A. Like I was explaining earlier with 4 Q. All right. Going back to paragraph 4 how my business is seasonal,okay,I have to 5 29,harm to your reputation. Be more 25 make my money when the students are here Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 16 (Pages 58 to 61) 58 ( 60 F2make when they're not,you know,I don't 1 addition to the free tanning that you had much so I ha ve to carry over my 2 some extra advertising? 3 bs. 13 A. I did in the newspaper,the 4 When that happened,I had to borrow i 4 Shippensburg Sentinel. I ran a couple ads, 5 money in order to pay bills,credit cards,to 5 two or three ads,with them promoting my free 6 keep my business going,you know,where 1 16 tans and that type of thing. 7 would have had the money to pay for these 7 Q. Had you ever ran newspaper 8 things I didn't have because my numbers 8 advertisements in the Shippensburg Sentinel 9 dropped off so my sales were down. 9 or otherwise before? 0 With that happening through 2011,1 X10 A. Just my first year when I took over 1 started making money but I still had to make 1 the business. I did do a few advertisements 2 up the money that I had to pay out in 2010 so 2 to let people know that it was under new 3 I never got ahead and I'm still not ahead. 3 ownership and that type of thing. 4 I'm still working to try to get caught up. 14 The following year I did not run any 5 That is--I don't know how else to explain 5 ads from--I'm pretty sure I didn't run any 6 it. 16 ads from January of 2010 until 2011,if I did 7 Q. You explained it well. I'm going to 7 it might have been one. 8 have to ask a few follow-up questions. You 8 Because business was going so well 9 mentioned that you borrowed money. Is that 9 from January to May with the students,I 0 from a loan? 0 expanded,added the stand up. My business 1 A. Credit cards. 1 was doing phenomenal,what I was seeing. 2 Q. Do you still have an outstanding 1�2 When the fall came around and this happened 3 balance on your credit card from the 3 it was just a total difference,you know,the 4 September 2010 to February 2011 season? 2 4 whole business in itself. 5 A. I'll explain. I borrowed money from 25 Q. Were the two to three ads,did those 59 61 1 my mother-in-law to payoff those high debt 1 start in September or when did those start 2 credit cards,but then I had to use it again i 2 that you had these extra costs? 3 to buy other supplies,things like that for i 3 A. That was in 2011. 4 my salon, so now they are back,my credit 4 Q. And is that still in the 5 cards are back. Basically,I have--my l 5 February/March time frame? 6 mother-in-law and my credit cards. ; 6 A. No,wait a minute. Back up. We did 7 Q. Can you break down what is owing or 17 the advertising in 2009 when I first opened. 8 what it was initially and what it is now? 1 8 In 2010 I did very little. It was in 2011 9 A. For my credit,at that time I had 9 when I ran the different ads. 10 two credit cards and one was valued at$1,500 i 10 Q. Is it the February/March 2011 time 1 and other one was$5,000. Now 1 have a 1 frame when you started to run the new ads? 2 $5,000 credit card--actually two$5,000 2 A. Yes, in that time frame. 3 credit cards, a$3,500,and$1,000. 13 Q. How much is it to run ads? 4 Q. That is the outstanding balance on 4 A. Depends on what paper you use. If 5 them? 15 you use--now the Sentinel doesn't have it 6 A. No,that is what they are valued 6 anymore,but they had a Wednesday fi•ee paper 7 at. Now,they are not too far from being i1.7 and it cost more to run it in there. 8 totaled,okay. 8 Q. You mentioned that the Shippensburg 9 Q. And you are relating all of those +19 Sentinel is where you ran your ads? 0 outstanding credit card bills to Kayla's T2 0 A. Yes. 1 possible contracting MRSA at your salon �1 Q. How much did it cost you to run it? 2 because of the catch up time you're talking 22 A. It could run me up to$200 or so 3 about? 2 3 dollars for an ad. 4 A. Correct,yes. 2 4 Q. Do you have evidence-- 5 Q. You mentioned also earlier in ?5 A. Receipts,yes,yes. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 17 (Pages 62 to 65) 62 64 1 Q. I'll ask you to produce them to your 1 of this. She is a bookkeeper,accounting, 2 attorney. Now,I'm going to ask you to ! 2 and she takes care of all of this for me,all 3 produce the previous costs because you 13 of my figures and things like that. 4 mentioned that you maybe once or a few times 14 Q. Is that something she does on a 5 advertised from January 2010 to the beginning 5 monthly basis for you? 6 of 2011? 6 A. Yes,actually,yes,she takes care 7 A. Yes. 7 of everything for me. I just keep all of the 8 Q. I'd like to see the difference-- 8 receipts and everything in a folder and I 9 A. Difference,sure. 9 hand it to her and then she puts it in my 10 Q. --before and after. 10 Quick Books. 11 A. Sure. 11 She has my Quick Books that she puts 12 Q. You've also indicated that you lost (12 everything where it belongs and at the end of 13 some product sales. The products that you 3 the year I just take it to my accountant and 14 are referring to are those lotions? 14 she takes care of everything else. 15 A. Lotions. 5 Q. Very nice. You are lucky you have 16 Q. What time period then did you say 6 your daughter there. 17 you dropped off on product sales? 17 A. Yes,I am. 18 A. It would have been the same time 18 Q. So these then were not produced for 19 frame I would say. 19 this lawsuit,they are business documents 0 Q. September 2010? 20 that you keep? 1 A. Yes. 21 A. No,I was just looking at it. 2 Q. To February 2011? b 2 Here's the retail and then here is the 3 A. Yes,I would estimate that. 3 tanning so she does have them separate,that 4 Q. How much would you estimate that you 4 is what I was looking at there. I wasn't 5 lost in your product sales? 5 sure how she did that. I don't know. 63 65 1 A. That I couldn't say,I don't know. 1 Q. You don't know what? 2 Q. You produced in your response to 2 A. She has the one here separate. I 3 Request for Production of Documents some 3 don't see any of the other ones. 4 account detail documents. I'm just going to 4 Q. I know there are some. Now,here is 5 ask you some questions so you can help me 5 September 2010,we just happened to come 6 understand them as I'm going through them. 6 across it. 7 Do they look like documents that you 7 A. Right. 8 produced? 8 Q. In September of 2010 it looks like 9 A. Yes. 9 you made three deposits under retail product 0 Q. Up here in the top left-hand corner 0 sales? 1 there is an identifier that says tanning �1 A. Yes. 2 income? t 2 Q. What was the total amount? 3 A. Yes. t1I� 3 A. Is that 455,it looks to be. 4 Q. All of these deposits,is that just 14 Q. At the top you have September 2009? 5 for your tanning packages for the one month �5 A. Yes,it is 412. 6 unlimited and 20 minute packages? iL 6 Q. You actually made more in September 7 A. That I'm not sure of to be honest 17 of 2010 in retail product sales than you did 8 with you,I don't want to say. 8 in September of 2009 according to these 9 Q. These documents,did you produce 9 ledgers? 0 these? Did you actually physically make 0 A. Okay. 1 these documents? �1 Q. I'm saying September 2009 compared 2 A. My daughter. 22 to September 2010? 3 Q. Your daughter? 1,23 A. Compared to September 2010. 9 A My daughter takes care of it because 24 Q. You made more in September 2010? 5 I'm not computer savvy. I'm not savvy on any A. Correct,correct. She has retails Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 18 (Pages 66 to 69) 66 68 ' F2her ottom. I'm going to have to question 1 during the school semesters you had higher ese,Sweethea rt. I know these 2 tanning numbers than when the students were 3 retas, did not make these retails. I may 3 on break. Is it then the same for your 4 have,you know,but I don't remember it. i 4 tanning product sales are higher during the 5 Q. Let's just put it on the record 5 school semesters-- 6 then. What you are questioning and let's 6 A. Yes. 7 flip back a couple questions because you're 7 Q. --then during the breaks? 8 saying you are going to have to question your 8 A. Yes. 9 daughter on her record keeping skills because 9 Q. We touched earlier about the harm to 10 you're saying after looking at some of your 0 your reputation. You mentioned that it was 11 product sales after September 2010 when you 11 your opinion that your reputation has been 12 allege your sales were less-- 12 harmed. What is that based upon? 13 A. Correct. �13 A. My numbers. I always come back to 14 Q. Would you identify the dates and the X14 the numbers of how many people I see in a 15 amounts that you are questioning? 15 day's time. 16 A. I don't want to get these all messed 16 Q. What about interviewing your 17 up. These here are 2010,March of 2010--1 17 customers,have you interviewed them to ask 18 may be wrong--April of 2010,September, 18 them do you think my reputation is tarnished ' 19 June,July and August. 19 in any way? 0 Q. In August 2010 how much did you make 0 A. No,because I didn't know whether I =. 1 in retail product sales? 1 would be able to or not due to what was 2 A. It was 422. 2 taking place. I didn't know if that was 3 Q. And do you have October of 2010? 3 right for me to even say anything at this 4 A. They are not in here. 4 time. I don't know my legal rights to that. 5 Q. Here we go. 125 Q. When you started hearing these 67 69 1 A. Okay. It was 599. 1 rumors about your business possibly being a 2 Q. So you actually made more in product 2 spread or a location where MRSA was found, 3 sales-- i 3 did you then talk to people and say I'm not 4 A. Yeah. 4 -- 5 Q. --in October 2010 than September 5 A. Only if it was brought to my 6 2010? 6 attention. I did not engage a conversation 7 A. Correct,correct. 7 with any of my customers,town or students, 8 Q. Now,these letters that we received 8 unless it was asked to me. 9 I didn't receive anything past October 2010. 19 When it was asked to me,I would 0 Did your daughter keep records past then? 0 just respond to it is a vicious rumor that 1 A. Yes,yes,yes. We just ran those 11 got started and I don't know what to say and 2 for that time frame,but I do have--I can �12 I hope you believe in me. 3 get the others. 3 My town customers I would say,yes, 4 Q. Since you're saying that you had a 4 they did believe in me. They actually were 15 reduction in your product sales through 115 the ones that took notice first that there 6 February 2011 it would be a clear picture to 6 was something wrong. 7 have those. X17 They would come in and the place 8 A. Not a problem. 18 would be just be sitting full,students, 9 Q. So you'll produce those? X19 everybody,you know,just sitting and waiting 0 MR.ARNOULT: What are those called? 0 to tan. Of course,they would have to sit 1 MS.PHILLIPS: I have account 21 and wait,also,unless they had an 2 ledgers. 122 appointment,appointments go ahead of walk- E3BY MS. PHILL IPS: 3 ins. Q. And this is probably an obvious 9 After the week of the 16th going stion and answer,but you mentioned that 05 into the 27th,you know,they are walking Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 19 (Pages 70 to 73) 70 72 F�21and e door and they are looking at me 1 $1,000 per month since September 13th,2010. are like what is going on. Last ; 2 Is that on a monthly basis to the 3 wee walked in here and I could hardly get 3 present that you are making that allegation, 4 inside the door and now you're looking at me 4 a loss of 800 to$1,000 per month? 5 and asking me what bed do you want,there was 5 A. I don't understand. 6 no wait. i 6 Q. Going to paragraph 31 -- 7 So right there that was painfully 17 A. Right. s { 8 obvious to me that there is something 8 Q. --it says Y ou've seen a reduction 9 definitely wrong and my town customers take 9 in your monthly revenue between 800 to$1,000 0 notice to this. 10 per month and that is since September 2010. 1 Q. Finally,in paragraph 29 of the 11 Is that still the status? 2 Complaint you mention emotional distress. ;12 A. No,I can't in 2012,no. 3 Please describe that for me,how you've been �13 Q. You've been making more money? 4 emotionally distressed as a result of this 14 A. I'm gaining back. Like I said,once F 5 alleged comment? !15 again,the damages that were done in 2010, 6 A. The worries of financial. How do I (16 you know,even though we are two years later, i 7 want to say this? Why,why,you know,why my 117 I'm still working to get out of that,out of 8 business. I would cry every night for a 18 the hole that I got into. 9 year. I'm working hard and I'm a hard worker 19 Q. And that is because of this credit 0 and just the stress of that has been very .20 card debt? 1 hard,very hard. ?1 A. Yes,yes,yes. 2 Q. Do you need to take a break? 22 Q. I'm referring now to your answers to 3 A. No,I'm fine. I do this. I do this 123 written Interrogatories. Do you remember 4 when I get emotional and this is one topic 4 responding to some written questions as part 5 that is very emotional for me. 25 of this lawsuit? 71 73 1 Q. Beyond being clearly emotional about 1 A. In March. 2 this and you said being stressed and worrying i 2 Q. In March. I have a May 3 and crying did you seek any medical advice? 3 verification,that is fine. In your answer 4 A. No,no,no. I just talked to my 4 to 5,you can read the question and then the 5 husband and my sister a lot. 5 response. 1 want to talk to you a little bit 6 Q. So they are kind of your therapists? 6 about that. 7 A. Yes. i 7 A. Yes. 8 Q. So you had no formal therapy 8 Q. The question is,"State with 9 sessions? 19 particularity the factual basis on which you 10 A. No,no. 10 rely in support of your contention that 11 Q. Have any of your doctors prescribed ill statements that the Defendant contacted MRSA 12 you any-- 112 from Plaintiffs business or that Plaintiffs 13 A. No. 113 business is a source of MRSA are false." 14 Q. --medication? 114 As an explanation you set forth 15 A. No medication. 115 that, "Owner,Roberta Wheeler,was present 16 Q. At the end of paragraph 29 it says, 16 the day Defendant used the tanning beds. The 17 "Emotional distress and other damages." What !17 beds are cleaned before and after every 18 are the other damages besides the loss of 118 customer either by owner or staff." 19 customers, revenue,harm to reputation, 119 What is your policy for cleaning the 20 emotional distress,product sales,what are 2 0 beds at King's Court Tanning? 1 the other damages that you might lump into X21 A. We have a spray bottle that has the 22 this? .2 1 2 cleaning solution and you take a clean terry 3 A. I don't know. I don't know. 3 towel back with you,you spray the peepers, 4 Q. Paragraph 31 states that you've seen 2 4 the pillow,the base of the bed,the top of 125 a reduction of monthly revenue between 800 to 2 5 the bed,you clean the peepers first. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 20 (Pages 74 to 77) 74 76 1 Q. The peepers are-- 1 A. No,no. 2 A. The eye wear,yes,they get cleaned 2 Q. So you have no evidence to support 3 first. You clean the pillow and then you 3 that the bed that Kayla used had, in fact, 4 clean the bed itself,the acrylics,the hold, 11 4 been cleaned before she was in it? 5 pretty much everywhere that it can be touched f 5 A. Right. No,I don't have any 6 by a customer. 16 documentation. 7 Once you are done with cleaning the IIII 7 Q. Do you know who was working on I 8 bed then we have disinfectant spray that I 8 think you said it was September 8th? 9 keep in each room that the chair is sprayed 9 A. I can't recall. I can always look 0 off with and the floor is sprayed before each 0 back and see. 1 customer comes in. We also supply them with 1 Q. So you have employment records? 2 hand sanitizer,wet naps,and body splash. 2 A. At that time I was the only one 3 Q. And the hand sanitizer,wet naps, 3 working and 1 just had family come in so more 4 and body slash where are those kept? 14 than likely it was my sister that was in 5 A. On the TV trays,I have some wooden 5 there. 6 TV trays in the rooms. The wet naps are in 6 Q. And who is your sister? 7 little baskets and then the hand pump 7 . A. That is Pat Banner. 8 sanitizer and then the body spray and the b 8 Q. What is your husband's name? 9 cleaning solution and the disinfectant spray 19 A. Wes Wheeler. 0 is also in the room,each room has its own. 20 Q. How long have you been married to 1 Q. The spray bottle with the cleaning 21 Wes? 22 spray you're talking about is that the 22 A. December 20th will be eight years. 3 Lucasol? 23 Q. Now,you said at this time in 4 A. Yes. 24 September of 2010 it would have just been 5 Q. And the disinfectant,what is that? 5 yourself or some family members working 75 77 1 A. It is a disinfectant spray that you 1 there? 2 can buy like Lysol. 2 A. Exactly. 3 Q. You mentioned that you take the 13 Q. Now have you been hiring? 4 cleaning spray and you spray the peeps and ' 4 A. Yes,I do have staff,hired staff, 5 the pillow and the bed and the acrylics,who 5 only to help during the busy season. I do 6 is you,is that you as the owner or who? 6 the bulk of the hours. 7 A. Whoever is working that day. l 7 Q. Still? 8 Whoever is working that end. During busy 8 A. Still,yes. 9 season we normally have two people working, + 9 Q. So you are still cleaning the beds? 0 one just to work the phone,schedule ('10 A. Yes,yes. 1 appointments,and pull cards. The other Ill Q. At this time then when you are 2 person is in charge of cleaning the beds and 112 having family members come in did you have 3 putting the customers in the beds. 13 family members that were regularly working at 4 Q. So that second person who is in X14 the salon for you? 15 charge of cleaning and placing the customers 115 A. No. 6 in the beds they are the ones who take the 16 Q. So Pat Barner,your sister,did she 7 disinfectant spray and spray those three U come in more than the days-- 8 various areas,the eye covers, pillow,and 118 A. Yes,yes. She actually cleans my 9 bed? 119 salon before I open,okay. In the mornings 0 A. Yes. 2 0 my salon gets cleaned and she takes care of 1 Q. At your salon do you have 21 that for me. 2 documentation that everyone has to check as ?2 Q. So she cleans the salon. What about 3 soon as they clean-- 2 3 the part about disinfecting the beds? 4 A. No. �4 A. Yes,she knows how to do that,too, 5 Q. --a bed after every customer? 2 5 yes. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 21 (Pages �8 to 81) 78 80 1 Q. Did you give her formal training 1 counter and that they can help themselves to 2 that this is the disinfectant spray? 2 a teny towel at any time. 3 A. She helped,also,with the former 3 Q. After one of your staff cleans a 4 owner,you know,so she was just as 4 bed, is there any indication or anyway for 5 knowledgeable in sanitizing as I was at that 5 the next tanner to know that that bed has 6 time. 6 been cleaned? 7 Q. Did you also work with the former 7 A. Yes,we have little sanitizer signs 8 owner? 8 that we set in the middle of the bed and then 9 A. Yes,I ran the place for 15 years 9 the peepers go on top of that to let them 10 for her. I've been there for almost 19 10 know. 11 years. 11 If they would happen to walk back to 12 Q. Okay. You mentioned about the hand 12 a room and that is not on the bed,you know, 13 sanitizer,wet naps,body splash,cleaning 13 then that tells them that bed was not 14 spray and disinfectant are in each room. Not 14 cleaned. 15 only the spray bottle and the disinfectant 15 It does help us when we're cleaning 16 that the employee uses,but you have a 16 the beds,you know,we run past a door that 17 separate disinfectant and spray bottle in the 17 is open and look in,oh,that one needs 18 room or does the employee use the same spray 8 clean,grab it before you go around the 19 bottle that is left in the room? 19 corner. It let's everybody know it has 0 A. Each room is set up with the 20 either been done or not. 1 sanitizing spray bottle for the bed and wet 1 Q. Besides your customer's first time 2 naps,every room is set up with that bottle. ?2 being there and giving them the walk through 3 My employees or myself we don't 23 and letting them know that you sanitized the 4 carry another bottle in and spray,you know, 24 beds,is there any sign that let's customers 5 we use what is in the room because it sets 25 know that or how to properly clean 79 81 1 right beside the bed on the floor and we just 1 themselves? 2 grab it and we have our clean towel,we clean 2 A. No,no. 3 the beds and we set it back down. 1 3 Q. The students and individuals that 4 We also leave it in there because we 4 you've identified by name today as people 5 have some customers that like to clean their 5 that told you about rumors of MRSA,do you 6 bed even though they know it has been 6 know any of them other than being people who 7 cleaned,they want to clean it themselves. 7 tan at your salon? I'll go through some of 8 We just let it sit there for their 8 the names you've given me. Megan Brown? 9 convenience and they generally let me know, 9 A. I just know her through the salon. 0 you know,nothing against you,but I'm just, 10 Q. Wanda Garrett? 1 you know,nope,that is fine,that is fine, 11 A. That is a friend. 2 that is why it is there. If they feel more 12 Q. A friend who also tans? 3 comfortable cleaning their own bed before �13 A. Yes. 4 they get in that is their choice. 14 Q. And how did she come to know about 5 We do let them know, new customers ?5 this rumor? 6 that come into the shop,they are escorted 16 A. Actually,it is funny you ask that. 7 back to the rooms and then we go over how to 17 That day the phone call came-- 8 operate the bed,what you need to know,the 118 Q. Which phone call? 9 peepers and then we let them know that it is 9 A. The 13th. I was very busy. I was 0 sanitized after every customer,that is our ?0 back cleaning beds. Wanda came in to tan and 1 job and we take care of that. 1 she saw people standing at the counter 2 We tell them,once again,if you 2 2 waiting so she came around the corner and she 3 feel you want to clean it before you get in 3 started pulling cards for me and answering 4 there is a solution and we have terry towels 2 4 the phone. 5 on both sides of the hallway plus at the 125 I come around the corner and she is Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 22 (Pages 82 to 85) 82 84 1 like you got a phone call here. I remember 1 A. No,she was just a friend of the 2 saying to her to take a message,tell them 12 family that helped out. 3 I'll call them back because I'm a little busy i 3 Q. What does she know with respect to 4 right now. She said I think you want to take 14 this case? 5 this call because it sounds pretty urgent. ( 5 A. I don't think she knows a whole lot 6 I was like,oh,okay,so I took the 6 about it in all honesty. 7 phone,you know. I'm going around the corner 7 Q. You don't know that she heard about 8 and that is when Kayla had called at that 8 the rumor? 9 time. It was just--it was funny that she 9 A. I can't honestly say,no. 0 just stopped in at that time. She does work 10 Q. Tammy Barns? 1 for me now. L 1 A. She is a friend of the family and 2 Q. She proved herself? 2 2 now works for me. 3 A. She proved herself,yes. She came 2 3 Q. What does she know? 4 in,you know,and she seen I was busy and she X14 A. Just some of the rumors that came 5 just popped around the corner and started 5 into the shop,she had heard conversation. 6 answering the phones and pulling cards for 6 Q. Is she a student? 7 me. 7 A. No. 8 Q. Did she overhear any of the i 8 Q. How does she know about rumors? r1first ersation that you had had with Kayla? 19 A. When she was finished in the tanning No, she did not. All she knows is 20 salon. I came back around the corner after the 1 Q. So students? ersation how distraught I was,the tears �2 2 A. Students had been talking,yes. running at that time. 3 That is what I'm going to assume at that 1 just turned my back to my 4 point,that is how she found out. mers that were sitting there and the 5 Q. Pat Barner is our sister? 83 85 hing that came out of my mouth was she f 1 A. That is my sister. Q ' he is going to ruin m i 2 Q. And you list her as a witness who 2 is going to rum me,s g g y 3 business. Wanda was,like,what do you mean? 13 knows about some emotional distress? 4 I was,you know,I can't even talk i 4 A. Yes. 5 about it. I said she is going to destroy 5 Q. And Emily Wiker? 6 me. Wanda was like it can't be that bad,it 6 A. And Megan Brown,they are the ones 7 can't be that bad. I didn't want to say 7 that told me about the e-mail. 8 anything because of customers sitting there. 8 Q. I think you said once some students 9 I gathered myself together and 9 or others had told you the rumors they heard 0 finished the day out. Later I talked to 110 that it was possible that MRSA was contracted 1 Wanda and told her,you know,what was said L 1 through your salon that you only spoke with 2 to me and she just couldn't believe it. We 42 those people about the rumor,you didn't 13 were just floored by it I guess. 23 approach others to speak about it? 4 Q. So later that night on the 13th you 14 A. No. 15 had a follow-up conversation with Wanda? 15 Q. Did you have any sort of sign in 6 A. No,not that evening,at the shop 16 your business about it? 7 before she tanned and left I talked to her 17 A. No. 8 then about it. 8 Q. What about when you started giving 19 Q. The same day? 19 away the free tanning and some free lotions, m 0 A. Sae day,yes. ?0 did you give an explanation as to why you 1 Q. Cheryl Stewart is someone that I've 1 were doing that? 2 identified in your Answers to 2 A. No. 3 Interrogatories. Who is Cheryl Stewart? 2 3 Q. Did you actually call Kayla at any 4 A. She works for me now. -2 4 time after September 13th,2010? 5 Q. In September of 2010? ?5 A. The 16th. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 f � •I NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 23 (Pages 86 to 89) 86 1 88 1 Q. You called Kayla on the 16th? 1 Just trying to reason with her is all I was 2 A. Yes. 2 trying to do to get her to stop. 3 Q. Did Kayla call you back? 3 She just kept referring to her ri ght 4 A. No. 4 of Freedom of Speech and it wasn't her 5 Q. Was there an exchange of voice 5 problem it was my problem. I thanked her for 6 mails? 6 her time,you know,taking the time to talk 7 A. No,she answered when I called. I 7 to me and said good night and that was the 8 called her cell phone. I was assuming it was 8 last I spoke to her. 9 her cell phone I called and she answered 19 Now,she did come in to pick up her 0 right away. 10 refund and I had that there at the salon. 1 Q. How did you have her cell phone? � 1 She had made a comment that all she wanted 2 A. Off her card. 12 was her money back. I said,Well,it's been 3 Q. Off her tanning card? 13 at the shop behind the counter all week and 4 A. Yes. 14 you've made no attempt to come get it. 5 Q. When you spoke to Kayla on the 16th 15 That is when she told me she was in 6 is when you mentioned that her doctor linked 6 excruciating pain and was in and out of the 7 your salon as possibly being the location 7 doctors and this and that. I said,I 8 where she contracted the MRSA? hr 8 apologize,I'm sorry,you know. She thanked 9 A. Yes. 19 us. She had her sorority sisters to help her 0 Q. Did you ask her any personal 2 0 and I said it is always nice to have friends. 1 information? 21 I told her that she could come 2 A. I did. When I first called her,the 2 2 Friday the 17th before or by 1:00 and she 3 reason I called was to get the documents from 3 told me she couldn't and I asked why and she 4 the Emergency Room,the attending physician, 4 said she doesn't get out of class until 5 and what kind of treatment she was on. 5 2:00. That comment,tome,you know,I'ust 87 89 1 She asked me why I wanted to know 1 felt like,okay,you are still going to 2 and I basically told her I needed to have 2 classes and MRSA is,you know,from what I 3 that infonnation to protect myself because an 3 researched is contagious. 4 accusation has been made and I don't know 4 Anyhow,she then came in on the 17th 5 where we're going with this or where you're i 5 in the evening before I would say five or so 6 going to go with this,but I need this for my 6 and picked up her check. 7 infonnation. i 7 Q. Were you there? 8 She said she would have to speak to 1 8 A. No. I was down at the nail salon in 9 her parents and I told her,I said 1 19 the mini mall where my shop is getting my 0 understand,you know,you talk to your mom `10 nails done. Wanda came in and I said can you 1 and your dad and get back to me. �11 watch the desk while I run down here and so 2 1 just took the opportunity to tell 12 she did and she came in at that time. 3 her,you know,that I wish she wouldn't,you 13 1 did have her sign stating that she 4 know,tell anybody anymore and that is when j14 received her check and that we were good with 5 she told me she had the right of Freedom of 15 giving her her money back. I had Wanda sign 6 Speech,that she could say whatever she 6 saying that she was present whenever she got 7 wanted. 117 the check. 8 I said,yes,everybody has the right X18 Q. And when you mentioned can you come 9 to Freedom of Speech. My point,you know, 119 earlier is that because you were going to be 0 when I'm looking at this,I'm like you are on 0 at the salon? 1 the borderline of slander or defamation of 1 A. I was going to leave for a little 2 character,you know,and I would appreciate 2 bit and then I was coming back. I actually 3 if you would just stop. 2 3 wanted to be there whenever she came so,you 4 We conversated. It never got 12 4 know, I could talk to her again but it didn't 5 heated. Nobody raised voices or anything. 2 5 work. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 24 (Pages 90 to 93) 90 I 92 F2staQted ou mentioned that the Defendant 1 A. Right. at it is her F reedom of Speech to 2 Q. --the doctor said it is possible I eoers what she wanted? 3 contracted MRSA at King's Court. 4 A. Right. 4 A. Right. 5 Q. Do you think it would be reasonable 5 Q. Could it have been then that 6 if your doctor tells you that it is possible 6 sorority sister that she told that told 7 you contracted MRSA at this tanning salon,do 7 everybody else? 8 you think it would be reasonable to say it is 8 A. Do I honestly believe that? No. 9 possible I contracted MRSA here,just watch 9 Q. You think it was Kayla? 10 out cleaning the beds? Do you think that is 10 A. I think it was Kayla herself that 11 a reasonable thing for Kayla to do? a 1 told all of her sorority sisters. Once she 12 A. If Kayla would have come to me and 12 told thetas,you know,what they did with the 13 said to me,you know,I was at the doctors or 3 information,you know,you know what they 14 I was at the hospital,you know,and there is 4 did,everybody is telling everybody. My 15 a possibility that I got this staph infection 5 whole point is it takes that one person. 16 out of your bed,you know,I would have been 16 Q. I understand your point. I guess 17 fin e. 17 part of my question is if she had told one 18 I would have looked at her and I 18 sorority sister it is possible I contracted 19 would have showed her,you know,the bottle, 19 at King's Court and that sorority sister said 0 my solutions,that type of thing,and tried 120 she contracted at King's Court is there a 21 to reassure her that the possibility of it 1 difference there? 2 happening here in my eyes,my opinion,you 2 A. I guess if I go back to the 3 did not get it here,you may have gotten it 3 conversation on the 17th when I asked her to 4 at a toilet or someplace else,you know,and 4 stop and she told me she was going to 5 we wouldn't be sitting here today. 5 continue to tell people to stay out of my 91 93 1 When she said I'm going to tell all 1 salon. 2 19 of my sorority sisters and anybody else to 2 Q. You mean the 16th? 3 stay out of your shop,you know,to me she 3 A. Yes,the 16th,yes. That tells me 4 threatened me and my livelihood and for what 4 that she was still going to tell more people 5 reason. I don't understand why she would do 5 to stay out of my salon. 6 something like that. 6 Q. Again,you think she was telling 7 We could have handled this a whole 7 people to stay out of your salon because of 8 different way. Like I told her when I talked 8 MRSA and not because of the impression that 9 to her on the 17th, she said about the high i 9 she got from the way you talked to her? 0 school student,well,I don't know any high 110 A. Yes. 1 school students. Well, I'm sure you don't, ill Q. To your knowledge you don't know who 2 but they probably have brothers or sisters 112 Kayla told that she contracted MRSA? 3 that go to the university and they tell them 113 A. No. I have often wanted to ask her 4 and that is how it got off campus. 114 sorority sisters that still tan with me,you 5 Q. That is how rumors work. i15 know,I wanted to say something to them but 1 6 A. That is how rumors work. She said 1 116 never did. 7 didn't tell them. No, I didn't say you did. 117 Q. Has Kayla tanned at your salon after 8 How do rumors get started,you know,it takes il 8 this event? 9 one person and that one person it goes to the i19 A. No,she graduated in 2010. 0 next person and that person goes to the neat �2 0 Q. You kind of hinted at the fact that 1 person and the next thing you know you have a ?1 you might have researched MRSA and that it is 2 domino effect. !2 2 contagious;is that correct? 3 Q. If Kayla had said to her sorority 2 3 A. Yes. 4 sisters when they were in the hospital with 2 4 Q. When did you do that research? 5 her-- 25 A. That was shortly after I heard about Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 25 (Pages 94. to 97) 99 96 1 with the rumor,I asked my daughter because 4 1 whoever was in Bed 3 that day prior to when 2 she is computer savvy and she got on and 12 she came in and I can do that. 3 checked some things out for me. 3 Q. Have you talked with any of those 4 I talked to a nurse that I know 4 people to see if they had any bacterial 5 quite well just to get her input on what she 5 infections? 6 would think,you know,would it be possible 6 A. No,I did not. 7 that this could actually happen. That is 7 Q. Also,in your Answers to 8 basically the research that I did. 8 Interrogatories are document responses and 9 Q. And what did the nurse respond? 9 you included some of your W-2's. I want to 0 A. The nurse said she didn't feel it 10 draw your attention to the 2009 W-2 because 1 would have been possible to get MRSA out of 11 that is the year you said that you bought 2 my tanning bed because part of the treatment 2 King's Court Tanning. 3 to kill MRSA is ultraviolet light and that is Il 3 A. That would have been my first full 4 what is in my tanning beds. X14 year,yes. 5 She said probably all of my tanning 5 Q. This is your 2010 tax return. I'm 6 bed did was if she had a pimple on her bottom 6 going to just turn the page. These are some 7 that the heat from the tanning bed pulled it 7 things I've highlighted. We're on page-- 8 to a head and that is why it had to be 8 MR.ARNOULT: Schedule C. 9 lanced. 9 BY MS.PHILLIPS: 0 Q. What is the name of that nurse? 120 Q. Part one,gross receipts or sales, 1 A. Lori Worthington. b 1 you have$37,772 for your gross receipts or 2 Q. Where does she work? 122 sales. Your gross income you have$32,861. 3 A. She is right now in Hospice,she 3 If we turn down to No.28,total expenses, 4 just got a new job. i2 4 they are actually$34,176. What encompasses 5 Q. And she is a friend of ours? 25 your expense for this business? 95 97 1 A. Yes,yes,I've known her for years. 1 A. Lotions,bulbs? 2 Q. I met your daughter,but I can't 2 Q. Bobs? 3 remember her name. 3 A. Bulbs for in the beds,insurance, 4 A. Kristina. ( 4 just overhead costs,advertising,the free 5 Q. Kristina Wheeler? 5 tans,that type of thing. 6 A. No,Osbaugh. 6 Q. In No.31 you have negative$2,150. 7 Q. Other than this possibility that 17 So your expenses were actually more than your 8 MRSA was contracted at your salon based upon 8 gross income for 2009? 9 this doctor's opinion,has any other customer 9 A. Right. 10 ever stated they may have gotten any kind of 110 Q. Has there ever been a time since you 11 bacterial infection from your salon? Ill purchased the tanning salon that you've made 12 A. No. ill money? 13 Q. Do you have anyway of knowing the 13 A. Not that I'm aware of. My 14 customers that tanned on the same day that �14 accountant takes care of all of this. 15 Kayla did in the same bed before her? �15 Q. Your what? 16 A. Yes. �16 A. My accountant takes care of all of 17 Q. Are they just these? 117 this,I just give her the papers. 18 A. The cards that--the customer cards 118 Q. I don't blame you. 19 that we fill out. 119 A. I'm not savvy in all of that. 20 Q. How would you know if they tanned j2 0 Q. This is your 2010. Schedule C,same 1 before Kayla on the day she tanned? 21 page that we were looking at in your 2009 and 22 A. I can go back into my book that we 122 this is 2010. Your gross receipts or sales 3 write--like I have a book that we write ?3 in 2010 were$43,433,correct? 24 their appointments in and their times and 124 A. That is what it says,yes. 25 what bed they go in. I can go back and chart ��5 Q. Gross income then is$36,163. Here Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 26 (Pages 98 to 101) 98 j 100 1 you have negative$8,951 because then your ( 1 Q. What did you say? 2 expenses were$44,286. Your expenses in 2010 2 A. I asked her to please not tell 3 actually went up quite a bit. Those 3 people that because she didn't know for sure 4 additional expenses do you relate those to 4 whether she got it here or someplace else. 5 Kayla Dorang's statements? 5 Q. How long have you been in the 6 A. Yes. 6 tanning business? 7 MS.PHILLIPS: Those are ali of the 7 A. Almost 19 years. 8 questions that I have for you today. Your 8 Q. Who did you work for before? 9 attorney now has the opportunity to ask you 9 A. Bonnie Gutshall. 10 some questions. 10 Q. Who is she? 11 EXAMINATION 1 A. My aunt. 1 12 BY MR.ARNOULT: 2 Q. She owned King's Court? 13 Q. Are the chairs in the waiting room 3 A. She owned King's Court. She bought 14 cleaned? 0� 4 it in'94. I worked part-time with her in 15 A. Yes. L 5 '94 and then ran it for her from '94 to 2008 16 Q. When are they cleaned? 6 and then I purchased it. 17 A. Every morning. 7 Q. Was your sister working there,too? 18 Q. And 2010,around September,who was 8 A. Yes,off and on helping out,yes. 19 that done by? 19 Q. Do you have any certifications to 0 A. My sister Pat. 0 run a tanning salon? 1 Q. And what about the restrooms in your i 1 A. Yes. 2 business? 2 Q. What do you have? 3 A. They don't belong to me,they are to 3 A. I am certified with the tanning 4 the mall. �4 industry. Right off the top of my head,you 5 Q. You don't have restrooms? 25 know, I can't remember the name of the 99 101 1 A. I don't have restrooms in my salon, 1 company that I took the test with. I think 2 no. 2 it is AD-Something. I will have to get you a 3 Q. So they have to use the mall's 3 copy of it. 4 restroom? j 4 Q. Where did you go to do that? 5 A. The mall's restroom,yes. f 5 A. Chicago. 6 Q. Could you describe that--you said 6 Q. Do you receive industry 7 there is a sign that goes on the beds? 17 publications? 8 A. A sanitizing sign. It is a spongy ! 8 A. Yes,I get a magazine once a month, 9 little sign that you set on it and it says 9 one is called It and the other one is called 10 this bed has been sanitized. 0 Tanning Trend 1 believe it is. 11 Q. You said that you put paper on the 1 Q. And is that where you get some of 12 bed,too? 12 your information about sanitizing beds? 13 A. Peepers. L 3 A. Not indirectly,no. Most of that in 14 MS. PHILLIPS: Peepers. X14 there is updates on new regulations with the 15 THE WITNESS: For your eyes,peepers 15 tanning industry,new equipment,new bulbs, 16 go on there. 6 new lotions,those type of things, 17 BY MS. PHILLIPS: 7 advertisements. 18 Q. Do people ever come in to buy 8 I just got word on Friday that the 19 products without tanning? '19 state has now passed a law in Pennsylvania 20 A. Yes. 2 0 that you have to be 18 or older to tan. You 1 Q. When Kayla Dorang said she was going 21 can't tan anymore with a parent's consent. 2 to tell all her sorority sisters and everyone 22 That bill has been passed. I haven't gotten 3 she knew to stay out of your business,did 3 a letter or anything from them,but I heard 4 you ask her not to do that? 2 4 that. 5 A. Yes. 25 Q. Do you have to be certified in any Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 t� f NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 27 (Pages 102 to 104) 102 104 i 1 type of thing to work-- 2 CERTIFICATE i 2 A. Not in Pennsylvania. They are not COMMONWEALTH OF PENNSYLVA,NIA,) 3 state regulated as of right now. 3 COUNTY OF CUMBERLAND ) 4 Q. You don't have to have a license? 4 1 I,Suzanne Minello-Devine,do hereby ! 5 A. Just in retail. I do have a retail 5 certify that before me,allotary Public in } and for the Commonwealth aforesaid, 6 license to collect the 6 percent tanning tax. 6 personally appeared ROBERTA WHEELER,who then I was by me first duly cautioned and swom to 7 Q. Have you ever been inspected? 7 testify the truth,the whole truth,and 8 A. No. nothing but the truth in the taking of her 8 oral deposition in the cause aforesaid;that 9 Q. Never been inspected by the health the testimorry then given by her as above set 9 forth was by me reduced to stenotype in the i 0 department? presence of said witness,and afterwards 10 transcribed by means of computer-aided i 1 A, NO. transcription. 2 Q. Has anyone complained to the health 11 I do further certify that this 3 department about you? 12 deposition was taken at the time and place in 4 A. Not that I'm aware Of,n0. the foregoing caption specified,and was 13 completed without adjournment. j 5 MR.ARNOULT: Nothing further. I do further certify that I am not a 14 relative,counsel or attorney of either 6 MS.PHILLIPS: I have no follow-up. part},or otherwise interested in the event 15 of this action. 7 Thank you. 16 WI IN TNESS WHEREOF,I have hereunto set a 8 (At this time the deposition 17 my hand and affixed my seal ofoffice at 9 in the above-captioned matter Township of Deny,Pennsylvania,on this 18 day of 2012. { 0 was concluded at 12:43 p.m.) 19 1 ! 20 s 21 2 2z 3 Suzanne A.Devine,Notary Public 4 23 In and for the Commonwealth of Pennsylvania 24 5 25 s x 103 2 3 5 6 7 8 i 9 0 1 i 2 3 4 5 I 6 7 8 9 0 1 2 3 9 i 5 j Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 sA NETWORK DEPOSITION SERVICES Transcript of Roberta Weeler 104 E , 1 CERTIFICATE 2 3 COMMONWEALTH OF PENNSYLVANIA, ) 3 ) COUNTY OF CUMBERLAND ) 4 I, Suzanne Minello-Devine, do hereby 5 certify that before me, a Notary Public in and for the Commonwealth aforesaid, 6 personally appeared ROBERTA WHEELER, who then was by me first duly cautioned and sworn to 7 testify the truth, the whole truth, and nothing but the truth in the taking of her 8 oral deposition in the cause aforesaid; that the testimony then given by her as above set t 9 forth was by me reduced to stenotype in the presence of said witness, and afterwards 10 transcribed by means of computer-aided transcription. 11 I do further certify that this 12 deposition was taken at the time and place in the foregoing caption specified, and was 13 completed without adjournment . I do further certify that I am not a 14 relative, counsel or attorney of either party, or otherwise interested in the event 15 of this action. 16 IN WITNESS WHEREOF, I have hereunto set 17 my hand and affixed my seal of office at Township of Derry, Pennsylvania, on this 18 C-A — day of , 2012 . 19 20 21 • 22 Suzanne A. Devine, Notary Public 23 In and for the Commonwealth of Pennsylvania 24 25 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 r' 1 I,r a a1�A Fir � V/110, 7. JOHNSON, DUFFIE, STEWART&WEIDNER By: Julia A. Morrison, Esquire I.D. No. 307256 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jam @jdsw.corn ROBERTA WHEELER, t/d/b/a : IN THE COURT OF COMMON PLEAS OF KING'S COURT TANNING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • NO. 10-6542 CIVIL • v. • CIVIL ACTION — LAW • KAYLA DORANG, • JURY TRIAL DEMANDED Defendant • PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for Defendant, Kayla Dorang, in the above-captioned action. JOHNSON, DUFFIE, STEWART &WEIDNER By: ''_ 041,,, i,L I AA Date: February 28, 2014 Julia ! Morrison, Esquire 301 r a.rket Street, P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 jam @jdsw.com 606304 `'.1 �f 1, 0 vA JOHNSON, DUFFIE, STEWART&WEIDNER By: Karen L. Mascio, Esquire I.D. No. 88848 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 klm @jdsw.com ROBERTA WHEELER, t/d/b/a • IN THE COURT OF COMMON PLEAS OF KING'S COURT TANNING, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • NO. 10-6542 CIVIL • v. • CIVIL ACTION — LAW • KAYLA DORANG, • JURY TRIAL DEMANDED Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for Defendant, Kayla Dorang, in the above-captioned action. JOHNSON, DUFFIE, STEWART &WEIDNER ice' u1't K E._'�.°'°_�.. By: Karen L. Mascio, Esquire Attorney I.D. No. 88848 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 n f klm @jdsw.com Date: , 2014 Attorneys for Defendant, Kayla Dorang 606304 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Withdraw/Enter Appearance has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on N:(6\_ , 2014, as follows: W. Scott Arnoult, Esquire 14 North Main Street, Suite 314 Chambersburg, PA 17201 (Counsel for Plaintiffs) JOHNSON, DUFFIE, STEWART & WEIDNER BY: l'\( 0 tj7 Connie S. Fritz 606304 ROBERTA WHEELER, t/d/b/a KING'S COURT TANNING, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : CIVIL ACTION - LAW KAYLA DORANG, Defendants : NO: 10-6542 CIVIL PENNSYLVANIA IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, EBERT AND PECK, JJ. ORDER OF COURT AND NOW, this 1st day of April, 2014, upon consideration of Defendant's Motion for Summary Judgment, all responses thereto, and following argument held on February 14, 2014, it is hereby ordered and directed that Defendant's Motion for Summary Judgment as to Counts I and II is DENIED. It is noted that with respect to Count II of Plaintiff's Complaint, Commercial Disparagement, while the evidence adduced by Plaintiff in support of this claim may be considered thin, at this stage of the proceedings we must credit her claim that "it would be almost impossible for someone to contract a `staph infection' from one of the tanning beds because of the hospital strength cleaning solution used on the tanning beds after every single use by a customer." Plaintiffs Amended Complaint ¶ 4. See Pro Golf Mfg., Inc. v. Tribune Review Newspaper Co., 809 A.2d 243 (Pa. 2002) ("[T]he publication of a disparaging statement concerning the business of another is actionable where: (1) the statement is false . . . ."). See generally Toy v. Metro. Life Ins. Co., 928 A.2d 186 (Pa. 2007) ("In considering the merits of a motion for summary judgment, a court views the record in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. . . . the court may grant summary judgment only where the right to such a judgment is clear and free from doubt.") (internal citation omitted.). W. Scott Armoult, Esq. Armoult Law Office 14 North Main Street Suite 314 Chambersburg, PA 17201 Attorney for Plaintiff BY THE COURT, kre-ac C ee L. Peck, J. A. Morrison, Esq. Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant Co rises P21 [ eA iT PRAECIPE FOR LISTING CASE FOR JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. CAPTION OF CASE lentire caption must be stated in full] ROBERTA WHEELER, t/d/,b/a KING'S COURT TANNING, (Plaintiff) KAYLA DORANG vs. (Defendant) vs. !� (check One) ■❑ Civil Action — Law ❑ Appeal from arbitration (other) No. 10-6542 Civil Term The trial list will be called on 2/24/15 and. Pretrials will be held on 3/11/15 (Briefs are due 5 days before pretrials) Trials commence on 3/23/15 Indicate the attorney who will try case for the party who files this praecipe: Karen Mascio Romano, Esquire, Johnson, Duffle, Stewart & Weidner, 301 Market St, Lemoyne, PA 17043 Indicate trial counsel for other parties if known: W. Scott Arnoult, Esquire, 14 North Main St, Suite 314, Chambersburg, PA 17201 This case Is ready for trial. Date: i (I S Signed: Print Name: Karen Mascio Romano Attorney for: Kayla Dorang Ck.�4gUTk+LA 'Rk*-31St4)qc'l CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe For Listing Case For Jury Trial has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 13 , 2015, as follows: W. Scott Arnoult, Esquire 14 North Main Street, Suite 314 Chambersburg, PA 17201 (Counsel for Plaintiffs) JOHNSON, DUFFIE, STEWART & WEIDNER BY: Tara J. Shade, Paralegal to Karen Mascio Romano