complaints for defamation and commercial disparagement

s E c T I 0 N

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s E c T I 0 N

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j:

Supr~meC nnsylvania For Prothonotary Use Only:

Docket No:

Commercement of Action: IE! Copiplaint D Writ of Summons Cl Tr,nsfer from Another Jurisdiction

D Petition [J Declaration of Taking

Lead PlJintiffs Name:

Jesstj: White Lead Defendant's Name:

CBS PITTSBURGH/KDKA AM

i 1: .

.4re money damages requested? IEI Yes , I D No Dollar Amount Requested:

(check one) Clwithin arbitration limits IE)outside arbitration limits

ls thii a Class Action Suit? I

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Nbe of Plaintiff/ Appellant's Attorney: I: IE! Check here if you h_a_v_~_n_o_a_t_t,_ff_n_c_y_(_ar_c_' ~-1-S-~-lf--I-lc-·1-}r-c-sc-·11-t-.c-d_l_P_n_)_S_c_l -L-it-ig-.a-n_t_) ------

. Naturk of the Case: l

Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important.

, I! TORTj((do :7ot include Mass Tort)

:D Intentional lD" ; · Malicious Prosecution i[l Motor Vehicle i[J N~isance I[] Pfemises Liability D Pfoduct Liability (does not include ; m~s tort) •IEI S1ander/Libel/ Defamation , I' :IE! qrher:

CJ;ommerical Disoaraaemea 1:

MAssJiTORT ,ia A!sbestos :0 T?b~cco 1CI Tbxtc Tort - DES i[] Tbxic Tort - Implant !D Tpxic Waste

;a 1her:

I

·, PROFESSIONAL LIABLITY 1: : .

[] Dental [] Lbgal :a ijedical )0 °lther Professional:

J:

•

CONTRACT (do not include Judgments) D Buyer Plaintiff D Debt Collection: Credit Card D Debt Collection: Other

D Employment Dispute: Discrimination

IJ Employment Dispute: Other

Cl Other:

REAL PROPERTY [j Ejectment [J Eminent Domain/Condemnation [] Ground Rent CJ Landlord/Tenant Dispute IJ Mortgage Foreclosure: Residential D Mortgage Foreclosure: Commercial Cl Partition Cl Quiet Title [J Other:

CIVIL APPEALS Administrative Agencies Cl Board of Assessment CJ Board of Elections

8 Dept. of Transportation Statutory Appeal: Other

Cl Zoning Board

Cl Other:

MISCELLANEOUS [j Common Law/Statutory Arbitration D Declaratory Judgment

8 Mandamus Non-Domestic Relations Restraining Order

D Quo W arranto CIReplevin D Other:

Updated 1/112011

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA

I JES~E WHITE,

Plaintiff,

vs.

CBS iPlTTSBURGH/KDKA AM,

MARTY GRIFFIN,

and ONALD ROESSLER, · Defendants.

Civil Division

No.:

COMPLAINT IN DEFAMATION AND COMMERCIAL DISPARAGEMENT

Filed on behalf of Plaintiff by: Jesse J. White, Esq.

PA I.D. # 91152

Law Office of Jesse White 3350 Millers Run Road P.O. Box384 Cecil, PA 15321

724-743-4444

vs.


Civil Division Plaintiff,

No.:

CBS .PITTSBURGH/KDKA AM,

'

MARTY GRIFFIN, . I:

and DONALD ROESSLER, ' Defendants.


NOTICE TO DEFEND

You . ave been sued in court. If you wish to defend against the claims set forth in the follor7ing 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 ~f 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 bther claim or relief requested by the plaintiff. You may lose money or property or other iighjs important to you.

¥OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A Ll}WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF Ybu CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PR~IL'!IDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SEM,VICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

~~R REFERRAL SERVICE SO!ITHWESTERN PA LEGAL AID SOCIETY •.

1119 ~outh College Street 10 West Cherry Avenue Wa~hington, PA 15301 Washington, PA 15301 l724J225-6710 724-225-6710


. 1:

JESS~ :WHITE,

Plaintiff,

vs.

CBS I ITTSBURGH/KDKA AM,

MARTY GRIFFIN, • /!

~d J;)ONALD ROESSLER, Defendants.

Civil Division

No.:



AN°/i NOW comes the Plaintiff, Jesse White, who files this Complaint in Civil Action against

Defe • dants, and in support thereof avers the following:

l. The Plaintiff, Jesse White, is an adult individual residing at 26 White Lane, McDonald, PA 15057.

2. The Defendant, CBS Pittsburgh/KDKA AM, is Pennsylvania business with a primary place of business at 651 Holiday Drive, Foster Plaza Building 5, Pittsburgh, PA 15220.

3. The Defendant, Marty Griffin, is an adult individual who resides in Allegheny County, Pennsylvania; his specific home address is unknown. His place of business is 651 Holiday Drive, Foster Plaza Building 5, Pittsburgh, PA 15220.

4. The Defendant, Donald Roessler, is an adult individual residing at 720 Ridge Avenue, : Canonsburg, PA 15317.

5. · From December 1, 2006 - November 30, 2014, Plaintiff was a member of the Pennsylvania House of Representatives, representing the 46th Legislative District.

6. Plaintiff was up for re-election in 2014 and faced both a Primary and General Election . challenge.

7. Plaintiff defeated Democrat/Defendant Tom Casciola in the May 20, 2014 Primary · Election by a total of 3,107 to 2,366 votes.

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11.

12.

13.

I Plaintiff lost to Republican Jason Ortitay in the November 4, 2014 General Election by . a total of 10,462 to 8,169 votes.

: Defendant Marty Griffin is the host of "The Inside Story With Marty Griffin", which , airs from 9:00 AM - 12:00 PM daily on Defendant KDKA AM.

According to their website, KDKA AM broadcasts news and talk programming 24 hours a day over a 50,000-watt signal that at night reaches 38 states and several Canadian provinces. The station is also available via HD Radio and streaming online.

Beginning on or about May 12, 2014 "The Inside Story With Marty Griffin" began a segment known as the "ABJ Hour", which aired daily for the week leading up to the May 20, 2014 Primary Election.

According to host Marty Griffin, "ABJ" stood for "Anybody But Jesse"; by his own admission, the goal was to disparage White and discourage voters from supporting him in the upcoming election.

During his discussion of White, Defendant Marty Griffin repeatedly used the term "illegal" to describe White's activities, specifically White's use of social media.

14. , Griffin punctuated his statements by claiming that everything he was saying was "fact", citing reports by KDKA TV reporter Andy Sheehan.

+5. At no time did Sheehan say White did anything illegal in any of his reports. Marty Griffin fabricated this conclusion for the sole purpose of disparaging Jesse White.

16. Defendant Griffin went on at length to discuss Plaintiff on his radio show, calling him "borderline psychotic" and other derogatory terms.

17. On May 12, 2014 at 5:58 PM, Defendant Griffin posted the following on his Facebook

18.

, page (See Exhibit "A", attached):

normal banter ... right now ... hes under investigation by THREE agencies ... three sir ... including the d.a .... and the house ethics committee ..

This statement is utterly and completely false. Plaintiff was never investigated by the . House Ethics Committee and was not under investigation by any District Attorney at the time the statements were made by Griffin on May 12, 2014.

19. Plaintiff's conduct had been examined by Washington County District Attorney Gene Vittone and determined not to be criminal ih any way, as told to Plaintiff personally in December 2013, six months before Defendant Griffin broadcast that Plaintiff was still "under investigation".

i

20. On May 12, 2014 at 5:37 PM, Defendant Griffin posted the following on his Facebook · page (See Exhibit "B", attached):

bruce ... do a little research on Jesse White .... and get back to me. his "mistakes" ... he attacked and threatened people ... he lied about his

name ... he created fake names ... he lied when asked directly by us. He demanded SUPER BOWL TICKETS ON A PRIVATE JET ... from Range Resources. I have the e-mails if ud like. I can spend hours on his lack of integrity. regarding me ... I aint rich and i aint popular. jesse white is a horrible leader, sir. he took tens of thousands from the oil and gas folks and when they quit paying he changed sides. its all there. in terms of selling my soul. im all about high paying jobs for working folks. thats the beginning .. middle and end of it for me. enjoy.

21. , Plaintiff never demanded Super Bowl tickets from Range Resources or anyone else. This is an utterly false statement.

22. Plaintiff did not take "tens of thousands of dollars" in campaign contributions from "the oil and gas folks". According to http://www.MarcellusMoney.org, Plaintiff received under $10,000.00 in cumulative campaign contributions during his time in the legislature from 2006-2014.

23. There is no indication that Plaintiff ever threatened anybody in any way.

24. When questioned by Andy Sheehan of KDKA TV about the incident in question, Plaintiff stated that he had no comment. Declining to comment is not the same thing as lying.

25. The company mentioned by Defendant Griffin, Range Resources, is a natural gas drilling company that is a substantial advertiser of Defendant CBS Pittsburgh.

26. On October 24, 2013, Defendant Griffin broadcast his show from the headquarters of Range Resources in Cecil Township, Washington County. (See Exhibit "C", attached.)

27. • Defendant Donald Roessler posted relevant portions of The Inside Story with Marty Griffin broadcasted on May 13, 14 and 15, 2014 on his YouTube page at http://www.youtube.com/user/bugabool9621.

COUNT I - DEF AM.ATION

28. Paragraphs 1-27 are incorporated by reference as though fully set forth herein.

29. , Implying criminality as set forth in Paragraph 13 is defamation per se under Pennsylvania law.

30. Defendant Marty Griffin's published statements were defamation per se and had the effect of harming the reputation of Plaintiff as to lower him in the estimation of the community or to deter third persons from.associating or dealing with him.

31. · Defendant Marty Griffin's published statements had the impact of ascribing to Plaintiff conduct, character, or a condition that would adversely affect his fitness for the proper conduct of his proper business, trade or profession, and are therefore defamatory under Pennsylvania law.

32. Defendant Marty Griffin's published statements alleging Plaintiff was under investigation by three agencies including two district attorneys and the House Ethics Committee were defamatory in that Defendant, as a professional news reporter, knew

• or should have known said statements were untrue.

33. These statements were made by Defendant Marty Griffin via social media and · therefore visible worldwide.

3'4. Plaintiff suffered special harm in the form of lost business in his law practice, including clients who disengaged Plaintiff as a result of Defendants' statements.

3,5. Plaintiff also lost salary and benefits he would have been entitled to as a member of the Pennsylvania House of Representatives had he been re-elected.

36. Plaintiff was also required to spend additional political funds to counteract the , defamatory message being used against him.

37. Plaintiff suffered impairment of reputation and standing in the community, personal humiliation, and mental anguish and suffering as a result of Defendants' published statements and is entitled to damages.

38. Defendant Marty Griffin's conduct was outrageous because of his personal motive and/or their reckless indifference to the rights of others.

~9. i Defendant Marty Griffin's conduct was malicious, reckless, willful, and oppressive I towards Plaintiff.

40. By republishing the defamatory content published by Defendants Marty Griffin and CBS Pittsburgh/KDKA on his YouTube account, Defendant Donald Roessler is liable , for the defamatory content of knowingly false statements regarding the false implication of criminality against Plaintiff.

41. . Plaintiff is entitled to punitive damages.

WHEREFORE, the Plaintiff demands judgment against the Defendants in an amount in exce~s of fifty thousand dollars ($50,000), exclusive of interest and costs.

COUNT II - COMMERCIAL DISPARAGEMENT


43. Plaintiff runs his own law practice, currently located at 3350 Millers Run Road, Suite 102, Cecil, PA 15321.

44. Plaintiff has operated this business since February 1, 2004.

45. The business is a sole proprietorship belonging solely to Plaintiff.

ti·•

46. Defendant Marty Griffin's statement published on or about May 12 - May 20, 2014 implied criminal conduct towards Plaintiff that never occurred, which is defamation

: per se under Pennsylvania law.

47. Defendant Donald Roessler's republication was with actual malice towards Plaintiff, ! and therefore was defamatory.

48. A lawyer's reputation in the community is essential to cultivating client relationships.

49. A public official's reputation in the community is essential to cultivating public trust.

50. A false implication of criminality is damaging to that reputation.

51. Defendants intended the publication of their statements to cause financial loss, or they should have reasonably recognized the publication would result in financial loss.

52. Plaintiff did in fact suffer a financial loss as a result of Defendants' statements.

53. Defendants knew or should have known that his statements were false and in reckless disregard of their truth or falsity.

WHEREFORE, the Plaintiff demands judgment against the Defendant in an amount in excess of fi~ thousand dollars ($50,000), exclusive of interest and costs.

: 1: VERIFICATION

!,; Jete White, hereby state that the facts above set forth are true and correct (or are

~e ac· nd correct to the best of my knowledge, information and belief) and tbat I expect

to be :able to prove the same at a hearing held in this matter. I understand that the

state! ents herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to

unsJom falsification to authorities).

L/-p/- /5 Datei

MartJ Griffin normal banter ... right now ... hes under investigation by THREE ~,Cies ... three sir .. Jootudlng the d.a .... and the house ethics committee ..

MaVJi 12 at 5 :58pm · Like · s:'J 1

Mart, Griffin im okay my man. u seem a tad angry. enjoy Ma 12 at6:03pm ~Like· .61

Ma · Griffin bruoemdo a tittle research on Jesse White .... and get back to ine. his ffmfstakerf~,.he attacked and threatend people ... he lied about his name,~.he crera· · I: . fake names ... he lied when asked directty by US~ he demanded SUPER

' '

BO i TICKETS ON A PRIVATE JET ... from Range Resources. I have 1he e-mails If ud n

1

e. f can spend hours on his lack of intergrity. regarding me ... i a.int rtch and i runt pop jesse white is a horrible leader sir. he took tens of thosaunds ·rrom the oil and ' folks and when they quit paying he changed sides. its au there. in terms of selU :s my soul. im atl about high paying jobs for working folks. thats the begt; ning .. middle and end of it for me. enJoy.

: '

May ii2 at 5:37pm · Like

'-, If

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s E c T l 0 N

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s E c T I 0 N

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Suprehie~o For Prothonotary Use Only:

Docket No:

Wt4SHt . . County o20/S -;2/:?7 ;,., Jormarian calle~ted on this form i! used solely .fi>rlc-·o_i.::w:.:t :.a-d1.:.n..:il:.1is-t-ra-t-io,;_1_1 p-_-ur_p_o_s-es-·. -T-,u-·s.J.fLb!:n:!:n:!JcU~o!Jels f.ln~o~r IQtQJ:I'

supplement or replace the filzng and service of pleadmgs or other papers as required by law or rules of court.

· Co~men~ment of Action: ~ Co~plaint Cl ~ri~ o~ Summons Cl Petition [J Transfer from Another Junsd1ct1on

. II CJ Declaration of Taking

Leaa Platiffs Name: Lead Defendant's Name: Jesse 1, hite Observer Publishing Company

' 1: D No

Dollar Amount Requested: Clwithin arbitration limits Afe mfney damages requested? ii Yes (check one) l!loutside arbitration limits

ls this/!a Class Action Suit? Cl Yes tBJNo ls this an MDJ Appeal? Cl Yes ii No ' Nr of Plaffitifl1Appdlant's Att=ey,

1 1!J Check here if you have no attorney tare a Self-Represented [Pro Sci Litigant)

• I .. Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your

/!

PRIMARY CASE. lfyou are making more than one type of claim, check the one that

I you consider most important.

'

TORT /(do not include Mass Tort) [] In!entional

·· 0 Mj~licious ~osecution CJ ~tor Vehicle D N'isance

·. O P~emises Liability [] Pl°duct Liability (does not include , m. ss tort) ifBJ slander/Libel/ Defamation :m olher: · ~ommerical Disoaraoemea

' Ir

I

MASSiTORT i[] pjsbestos : I,

• CJ ~pbacco ,[] ~oxicTort-DES j Cl ~xic Tort - Implant • D Joxic Waste . [] .ther:

·. , I: . I I·

I . PROij;ESSIONAL LIABLITY • a Il)ental

, tl llegal i a *edical , 0 ©ther Professional: • Ii

~,-,-~~~~~~~~

CONTRACT (do not include Judgments) [] Buyer Plaintiff [] Debt Collection: Credit Card D Debt Collection: Other

[] Employment Dispute: Discrimination

[J Employment Dispute: Other

Cl Other:

REAL PROPERTY [] Ejectment [] Eminent Domain/Condemnation O Ground Rent D Landlord/Tenant Dispute [] Mortgage Foreclosure: Residential [] Mortgage Foreclosure: Commercial D Partition [] Quiet Title Cl Other:

CIVIL APPEALS Administrative Agencies D Board of Assessment Cl Board of Elections 8 Dept. of Transportation

Statutory Appeal: Other

Cl Zoning Board

O Other:

MISCELLANEOUS D Common Law/Statutory Arbitration O Declaratory Judgment 8 Mandamus

Non-Domestic Relations Restraining Order

CJ Quo Warranto DReplevin [] Other:

Updated 1/112011


Plaintiff,

vs.

OBSERVER PUBLISHING COMPANY,

TH~S CASCIOLA,

DARf ENE BARNI,

JUDr BOWSER,

JAN~CE GIBBS, .I,

• 1:

"COtJCERNED CITIZENS OF THE 45th DISTRICT"

' ' Defendants.

Civil Division

No.:



PA I.D. # 91152

Law Office of Jesse White 3350 Millers Run Road P.O. Box384 Cecil, PA 15321

724-743-4444

.;,


I! JESSE WHITE,

: I

Plaintiff, vs.

OBSERVER PUBLISHING COMPANY,

TH~ CASCIOLA,

DARLENE BARNI,

Ii JUDr BOWSER,

JANICE GIBBS, : I!

i'CO~CERNED CITIZENS OF THE 45th DISTRICT" : I t

· · Defendants.

Civil Division

No.:


NOTICE TO DEFEND

¥ ou · ave been sued in court. If you wish to defend against the claims set forth in the folloynng pages, you must take action within twenty (20) days after this complaint and notice are s;erved, by entering a written appearance personally or by attorney and filing in writing withlthe court your defenses or objections to the claims set forth against you. You are warned that it you fail to do so the case may proceed without you and a judgment may be entered i:}gaihst you by the court without further notice for any money claimed in the complaint or for any bther claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.

• I: YOlf SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LJl.WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE ~A, PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YEU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO l'Rq~E YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SEjlCES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

LA WYER REFERRAL SERVICE SOUTHWESTERN PA LEGAL AID SOCIETY I

119 South College Street 10 West Cherry Avenue Wa~hington, PA 15301 Washington, PA 15301 724-~25-6710 724-225-6710


' 1:

JESSE WHITE,

Plaintiff,

vs.

OBSlRVER PUBLISHING COMPANY,

™9!MAS CASCIOLA,

DARlENE BARNI, : Ii

JUDr BOWSER,

JANICE GIBBS, ! : ·. Ii ..

"CO~CERNED CITIZENS OF THE 46th DISTRICT"

' ' , Defendants.

Civil Division

No.:



AN~ NOW comes the Plaintiff, Jesse White, who files this Complaint in Civil Action against

Defe,: dants, arid in support thereof avers the following:

l. The Plaintiff, Jesse White, is an adult individual residing at 26 White Lane, McDonald, PA 15057.

2. The Defendant, Observer Publishing Company, is Pennsylvania corporation with a primary place of business at 122 S. Main Street, Washington, PA 15301.

3. The Defendant, Thomas Casciola, is an adult individual residing at 17 Ridgewood Drive, McDonald, PA 15057.

ii. The Defendant, "Concerned Citizens of the 46th District" is an unincorporated organization believed to be headquartered at 1943 Route 980, Canonsburg PA 15317.

5. The Defendant, Darlene Barni, is an adult individual residing at 1943 Route 980, Canonsburg PA 15317.

6:.

7:.

8.

9.

10.

11.

i2.

The Defendant, Judy Bowser, is an adult individual residing at 804 Redwood Road, McDonald PA 15057.

The Defendant, Janice Gibbs, is an adult individual residing at 293 Profio Road, McDonald PA 15057.

From December 1, 2006 - November 30, 2014, Plaintiff was a member of the Pennsylvania House of Representatives, representing the 46th Legislative District.

Plaintiff was up for re-election in 2014 and faced both a Primary and General Election challenge.

Plaintiff defeated Democrat/Defendant Tom Casciola in the May 20, 2014 Primary Election by a total of 3,107 to 2,366 votes.

Plaintiff lost to Republican Jason Ortitay in the November 4, 2014 General Election by a total of 10,462 to 8,169 votes.

On April 29, 2011, the Washington Observer-Reporter, a newspaper published by Defendant the Observer Publishing Company printed a story about a civil trial in

I which Plaintiff Jesse White was the Defendant.

13. i The headline in the April 29, 2011 Observer-Reporter read: "Lawmaker Guilty of Defaming Area Dem". The headline appeared on Page Al of the newspaper as a lead

. story. See Exhibit "A", attached.

i4. The headline was also published on the Observer-Reporter website, http://www.observer-reporter.com, making it available worldwide.

15. • Because the proceeding was a civil trial, not a criminal trial, there is no way White could have been found "guilty" of anything.

16. The jury in the aforementioned defamation trial found no damages against the plaintiff, Ray Bish, which means by definition there was no defamation because damages are an essential element to the cause of action.

17. The headline was used in a piece of campaign literature paid for and authorized by Thomas Casciola's campaign. This literature was sent by mail to voters throughout the 46th Legislative District.

18. The story was republished via photocopying in May 2014 by Thomas Casciola and the "Concerned Citizens of the 46th District" and distributed door-to-door throughout the 45th Legislative District, which includes approximately 65,000 residents.

19. Plaintiff personally found the photocopied article, printed on florescent paper, at numerous homes as he was canvassing neighborhoods to speak to voters.

: i

20. : The Observer-Reporter article was also discussed on "The Inside Story With Marty Griffin" on KDKA Radio 1020 AM during the "ABJ Hour", which aired daily for the

week leading up to the May 20, 2014 Primary Election. According to host Marty Griffin, "ABJ" stood for "Anybody But Jesse"; by their own admission, the goal was to disparage White and discourage voters from supporting him in the upcoming election.

21. According to an article in the Pittsburgh Post-Gazette dated May 3, 2014, attached as Exhibit "B", the "Concerned Citizens of the 45th District" are led by three individuals: Darlene Bami, Judy Bowser and Janice Gibbs.

22. The "Concerned Citizens of the 46th District" also operate a website dedicated to attacking Plaintiff (http://www.concernedcitizens46thdistrict.com).

23. All of the posts on both the Facebook page and the website are anonymous; in fact, individual members of the "Concerned Citizens" would often communicate individually with the organization via Facebook to presumably create the impression that they were not affiliated with the organization or its content.

24. The Defendant "Concerned Citizens of the 46th District" and its members were actively campaigning on behalf of Defendant Thomas Casciola in the 2014 Primary Election.

COUNT I - DEFAMATION


26. Implying criminality as set forth in Paragraph 13 is defamation per se under Pennsylvania law.

27. Defendant Observer Publishing Company's published statements were defamation per se and had the effect of harming the reputation of Plaintiff as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.

28. , Defendant Observer Publishing Company's published statements had the impact of , . ascribing to Plaintiff conduct, character, or a condition that would adversely affect his , fitness for the proper conduct of his proper business, trade or profession, and are

therefore defamatory under Pennsylvania law.

29. Defendant Observer Publishing Company's published statements alleging Plaintiff ' was "guilty" of a non-criminal offense were defamatory in that Defendant, as a

professional news organization, knew or· should have known was untrue.

30. These statements were made by Defendant Merl Williams via social media and therefore visible worldwide.

31. Plaintiff suffered special harm in the form of lost business in his law practice, including clients who disengaged Plaintiff as a result of Defendants' statements.

132. : Plaintiff also lost salary and benefits he would have been entitled to as a member of the Pennsylvania House of Representatives had he been re-elected.

33. i Plaintiff was also required to spend additional political funds to counteract the defamatory message being used against him.

34, Plaintiff suffered impairment of reputation and standing in the community, personal humiliation, and mental anguish and suffering as a result of Defendant Observer

, Publishing Company's published statements and is entitled to damages.

35. Defendants' (Casciola, Barni, Bowser, Gibbs and The Concerned Citizens of the 46th District) conduct was outrageous because of their personal motive and/or their reckless indifference to the rights of others. ·

~6. Defendants' (Casciola, Barni, Bowser, Gibbs and The Concerned Citizens of the 46th District) conduct was malicious, reckless, willful, and oppressive towards Plaintiff.

37. By republishing the defamatory content published by the Observer-Reporter, Defendants Casciola, Barni, Bowser, Gibbs and The Concerned Citizens of the 46th District are liable for the defamatory content of knowingly false statements regarding the false implication of criminality against Plaintiff.

38. The republication of the defamatory content by Defendants Casciola, Barni, Bowser, Gibbs and The Concerned Citizens of the 46th District reset the one-year statute of limitations for defamation in Pennsylvania, so this action is timely under Pennsylvania law.

Plaintiff is entitled to punitive damages.

WHEREFORE, the Plaintiff demands judgment against the Defendants in an amount in exce~s of fifty thousand dollars ($50,000), exclusive of interest and costs.



41. · Plaintiff runs his own law practice, currently located at 3350 Millers Run Road, Suite 102, Cecil, PA 15321.

42. Plaintiff has operated this business since February 1, 2004.

43. The business is a sole proprietorship belonging solely to Plaintiff.

44. Defendant Observer-Reporter's statement published on April 29, 2011 implied criminal conduct towards Plaintiff that never occurred, which is defamation per se under Pennsylvania law.

45. Defendants' Casciola, Barni, Bowser, Gibbs and The Concerned Citizens of the 46th District republication was with actual malice towards Plaintiff, and therefore were defamatory.

46. A lawyer's reputation in the community is essential to cultivating client relationships.

47. A false implication of criminality is damaging to that reputation.

48. Defendants intended the publication of their statements to cause financial loss, or they should have reasonably recognized the publication would result in financial loss.

49. Plaintiff did in fact suffer a financial loss as a result of Defendants' statements.

50. Defendants knew or should have known that his statements were false and in reckless disregard of their truth or falsity.

WHB~EFORE, the Plaintiff demands judgment against the Defendant in an amount in excess qf fifby thousand dollars ($50,000), exclusive of interest and costs.

Respectfully Submitted,

VERIFICATION I

I, Je~se White, hereby state that the facts above set forth are true and correct (or are

true bd correct to the best of my knowledge, information and belief) and that I expect

to bJ able to prove the same at a hearing held in this matter. I understand that the

statJments herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to

unsJom falsification to authorities).

SERVING WASHINGTON·& GREENE COU

. 1:

OURi20~RD YEAR, WASHINGTON, PA

,n1U ;_ of f,UJ..l J: •

def~ area Dem Jury: J\To ~es against White for Interfl,f!t 1log post on commttteeman BY LINDA METz, 1taff writer

I• lmetz@observer-reportp:com

j! A jury of pight women and four men trhursday found that state Rep.

~

se White, Decil, defamed d invaded the

privacy of a White ~ o b i n s o n

· • Township man in statements aiid pictures that White postefi on *8 Internet blog.

After nearly three hours of deliberatia the :..L. retmned with . OS, .. JutY their verdict, e;f5n e four-day trial before: W • · on County Judge Kath~rine[B. Emery. And while the verdict found against White, thejliry difl not award any (:lamages in the case. · Democratic Committeeman Raymond Bish, J! 63, filed suit against White in qonnection with t}le legislator's blpg posting Oct. 27,2008. i

I

attome1

• lknetia man faces 42 counts of fo~gery, 1 j

BY KATHIE O. WARCO, Staff writer · [email protected]

A disbaned Canonsburg attorney was arrested Thursday morning, accused of forging the · signature of four judges and two attorneys in Washington County and stealing more than $250,000 from two clients.

James A. Marchewka, 42, of 290 Pine Ridge Drive, Venetia, was arraigned before District Judge Ethan Ward on 42 counts of forgery, 10 felony counts of tampering with public records or identification, 20 misdemeanor counts of the same charge, 11 counts of theft, 10 counts of theft by deception and 11 counts of failure to make required deposition of funds received.

State police said the investiga-, tion by the state police organized crime task force began after· Charles and Trudy Gratz, of South Strabane Township, met · with repieSentati:ves of the Wash-: · ington and Allegheny County dis-· trict attorneys.

The Gratzes had hired Marchewka to represent them in several cases before learning that he had been . disbarred. Marchewka, who had law offices in Canonsburg, was disbarred by consent April 26, 2010, according to the state Supreme Court disci-

DISTRICT. .-~

plinary board website. . . . JIM MCNUTT I 0BSERVER·REPOR1

The couple believed they had Pennsylvania State Police Tiooper Erik Graham· ,eads a handcuffii unresolved lawsuits pending. JamesM•ewka out of Dis1rictJudge Ethan Ward's office in Buffa ~he~ka ~- ~y ml~ ·. Township ifter Marchewka wasarraignedThursday.

'

post-: azette. : i ,._,.,...,Pf&.

Inc1:1rif ~nt h?pe~ to overcome scandal in 46th Leg1slat1ve D1str1ct

'

May 3, 201411!:33 PM

By JanicJ Crompton I Pittsburgh Post-Gazette

Though i~ is Jound zero for Marcellus Shale gas development in the area and home to several local

drilling giantt the 46th Legislative District in Washington and Allegheny counties features a primary . 1,

election that is·surprisingly skimpy on issues involving shale gas drilling.

Instead, the Jee for state representative there seems to have boiled down to one thing: Can a techsavvy incµmlient overcome his past foibles and thin-skinned reputation to hold on to his seat?

. I:

State Rep. Jte White, a Democrat and lawyer from Cecil, hopes so.

"I take tuii1 r~pousibility for the way I conducted myself. It's not something I'm particularly proud of. It's somethinig I think about every single day," he said of a scandal last year that made national headlines w~en it was revealed that Mr. White used pseudonyms and even impersonated his enemies on Internet Jostings, especially those on social media sites like Facebook.

As he goes d(])or-to-door introducing himself to voters in his redrawn district, Mr. White, 35, said he's

hearing $UpP,l1;ort for his tough stance against the Marcellus Shale drilling industry despite his . peccadilloes.•

He is bei)lg ei allenged by Cecil supervisor Thomas Cascio la in the Democratic primacy May 20 and

the winner ot that race will face Republican Jason Ortitay, a 30-year-old small-business owner from

South Fayet, in the Nov. 4 general election.

"I h.ear, 'Y eaf, you scre~ed up. That was rea~y stupi~. But, we get that you are the guy ~ut here that's asking the t9ugh questions. You put yourself 1n the hne of fire when you could have easily stuck your

head in the iand, "' he said. "Al: the end, that's what I think matters to people."

But that isn 'i what matters to all of the voters. ·

\ \ 13 ,,

A recent Jlg of the Concerned Citizens of the 46th District looked more like a game of bridge than

a political(ac~bn committee. At its helm are three white-haired ladies from Cecil -- 65-year-old

grandmother ranice Gibbs is the youngest of the crew -- who were meeting to discuss ways to unseat

Mr. White or protect themselves from his wrath if he's re-elected. .

"I voted f9r ht twice," said Mrs. Gibbs, whom Mr. White pretended to be by using her name to

register on sef e~al Internet sites, ~ll~ng her "dumber than a box of rocks," and an "uneducated

yinzer" for her views on gas well dnllmg.

Mrs. Gibbs sdid she is a proponent of safe drilling, though she has no lease for her 10-acre property.

She said she tas astonished by Mr. White's actions last year and frustrated that no legal action was

taken againstlf him by lawmakers or prosecutors. .

The citizen's group has a handful of members, including Judy Bowser and Darlene Barni, who

protested agdinst Mr. White outside his Harrisburg office last year, urging him to resign.

s1gnatur~s to convmce Mr. Wlute to resign. They got nearly 300 supporters.

Group memHers said they are concerned about what will happen if Mr. White wins re-election. They

are planning /to mount a campaign to inform voters, especially those in new parts of the district, which

includes Bridgeville and the surrounding area.

"Turnout is Lportant," Mrs. Gibbs said. "People in the new area have no idea what he's like." . I

When the flab over the fake online personas blew up last year, Mrs. Gibbs said Mr. White left a note

on her door Jsking for a private meeting to discuss issues between them, but she feared meeting with I .

him alon¢. 1:

''When you lsagree with Rep. White, you become a target," she said. 'You may as well wear a bullseye

on your bac~."

Those sep.tilljlents have been echoed by others, who say that Mr. White goes beyond passionate in his

views and caµ't tolerate disagreement or criticism.

''You ha\fe t1; work with yo~r :ell~w representativ~s, your fellow se~ators. If I'm on the losing end of a 4-1 vote,.I mGve on. The op1mon 1s that Jesse cant. Ifhe loses that issue, he has to go after those four until they're p.estroyed," said Mr. Casciola, 59, a homebuilder.

Mr. Casci?la ~as been a supervisor for 22 years and said he's never seen a state representative who is

unable to worl-< with even members of his own party due to constant conflicts.

The bipartisam. group of officials who control where the local share of slots gaming revenue from the

Meadows(Ra91

etrack & Casino is to be used are "loathe to support anything that Jesse puts his name

on," Mr. Casciola said.

State Sen; Tim Solobay, D-Canonsburg, one of those who was impersonated last year online by Mr.

White, has ptously said he won't support the incumbent

Mr. White said his conflicts with Mr. Solobay revolve around a difference of opinion regarding gas

well drill~g ~ said he frequently works with U.S. Rep.Tim Murphy, R-Upper St Clair, who he said

sent a staff mimber to a recent forum on drug abuse sponsored by Mr. White.

Susan Mosycpuk, Mr. Murphy's chief of staff, confirmed that the office sent a staff member to the event due to t)ie congressman's interest in prescription drug and heroin abuse, but had no comment

' 1· : ,I • •

about the Derocratic pnmary.

Mr. Whit¢ makes no apologies for his nature and said he thinks his role as a "watchdog" for the

drilling induJtry has made him a target.

"So man)( of Ly colleagues have ignored these issues because they don't want to take on the drilling industry and iin this district, you can't do that," he said.

In the di~trict, known for its rich natural gas deposits and heated debates over how best to safely

access that rJsource -- even President Barack Obama describes natural gas as "the 'bridge fuel' that

can power o 1'.reconomy" -- the candidates differ somewhat on impact fees and whether drillers should

be charged a ,severance tax.

Mr. Whi~e ,d Mr. Casciola supported a challenge to Act 13, the state's 2012 sweeping law governing

Marcellus S~ale development and impact fees. In his role as Cecil supervisor, Mr. Casciola was among

a small grou~ of municipal leaders who successfully challenged the zoning provisions in the law, while Mr. Whiie sJpported the challenge in several key ways.

With stafewipde zoning provisions struck down as unconstitutional by state Supreme Court in

December, l\fr. Casciola said he's largely satisfied that drilling companies are paying their fair share,

though h,e wrldn 't oppose a slightly higher impact fee, so long as it wouldn't put jobs at risk.

It's an inipo~t distinction for Mr. White, who supports a "reasonable" severance tax in addition to I

i

' /l " ! •

h ' . ' £ t e current impact ee.

"When yoµ 14k at all the money we're leaving on the table ... when we have critical funding issues ... I

think in this d;ay and age, how can we not have a severance tax?" Mr. White said. "We're the only state

that doesn't h~ve one. The impact fee works out to the functional equivalent of a 1 percent tax rate."

Before the dells of Act 13 were ironed out, Mr. While said he was "personally lobbied" by drilling

industry exechtives who were hoping at the time for a 7 percent tax.

·.'I don't buy J e we're-going-to-kill-the-goose-that-laid-the-golden-egg argument, especially in

Southwe~teri Pennsylvania I've seen the infrastructure around here on a daily basis and it's not going

anywher~. Atjyone who says anything different is uninformed or disingenuous." r

Mr. Casdola said he isn't courting the industry for campaign funds and a spokesman for Range Resources -- fue major drilling company in the district -- has said the company won't get involved in the race.;

"I'm not foot for their support," Mr. Casciola said.

Mr. White says he isn't opposed to drilling and doesn't favor a moratorium, but his well-publicized comments Iatt year have fairly or unfairly drawn him as the anti-drilling candidate.

In an are~ Jt bills itself as "the Energy capital of the East," that was named among the top tier in job

growth in th]1: nation, such a position can be a tough sell.

"Shale has b )come its own political party," Mr. White observed. "You're either on their team or you aren't." :

Janice Crobptqn:[email protected]. or 412-263-1159.

. tCour For Prothonotary Use Only: ! 1' '

r-. . Docket No:

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Sup.· rJem. e C·.· ,o Fil ED APff 2 2 ttJ15 <..,Vi• sH 1Jb. ... ·' County . ~JS ~o2/8 J

f he i+Ormotion col/ec1ed o~ 1his form i~ used solely ji,r court odmioistrolion purpom. Th~9ltf t;/Molf1A.RY supple,ment or replace the ft/mg and service of pleadings or other papers as reqwred by law or rules of court.

·•·• .. Corilme~~e~ent of Action: ·s... JEI Complaint D Writ of Summons ·· D Trarisfer from Another Jurisdiction

Cl Petition D Declaration of Taking

E' .. . I . c Lead Plairtiffs Name: . . Jesse ~effrey White

Lead Defendant's Name:

Charles E. Kurowski .T I

I.··. Are m!ney damages requested? l?!1 Yes D No 0 • I

N bthisl!aiC/assActionSuit? DYes IEI No

Dollar Amount Requested: (check one)

[]within arbitration limits IEJoutside arbitration limits

Is this an MDJ Appeal? Cl Yes JE1 No

NTJ e of Plaintiff/Appellant's Attorney:----------------------------

: IEI Ch,~ck l'rnrc if you haw 1w attorncy {arc a Sdf-Rcprcscntcd [Pro Sci Litigant) ··.·._~~-.-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--'

NaturJi of the Case:

1:

Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important.

' I' ·.·· TORT (do not include Mass Tort) ... DI I, • 1 n1*:ntiona [J M!licious Prosecution

I' .. . t] Motor Vehicle

l'"'l'NI,, LJ U1sance CJ Pr~mises Liability CJ Pr?duct Liability (does not include

mass tort) (EJ Slfuider/Libel/ Defamation a oter:

I

CONTRACT (do not include Judgments) [J Buyer Plaintiff IJ Debt Collection: Credit Card IJ Debt Collection: Other

[j Employment Dispute: Discrimination

Cl Employment Dispute: Other

CIVIL APPEALS Administrative Agencies Cl Board of Assessment Cl Board of Elections

8 Dept. of Transportation Statutory Appeal: Other

Cl Zoning Board

Cl Other:

s E c T I

···0. · .... MA.SS ~ORT CJ Asbestos

I• :

IJ Other:

N Cl T~bacco D T~xic Tort- DES Cl Toxic Tort - Implant

B. Cl TticWaste

O OI: er:

jl

:.' PROFESSIONAL LIABLITY . I'

> Cl Dental [J L6gal

··.· a ~~dical Cl Other Professional: : 1· : . . -1~, ~~~~~~~~

REAL PROPERTY t] Ejectment IJ Eminent Domain/Condemnation [j Ground Rent IJ Landlord/Tenant Dispute IJ Mortgage Foreclosure: Res1dent1al [] Mortgage Foreclosure: Commercial [l Partition IJ Quiet Title [j Other:

MISCELLANEOUS Cl Common Law/Statutory Arbitration [] Declaratory Judgment

8 Mandamus Non-Domestic Relations Restraining Order

[] Quo Warranto Cl Replevin Cl Other:

Updated 1/1/2011

JESSE fWHITE,

vs.



No.:

CHARLES E. KUROWSKI,

Defendant.

.. .

COMPLAINT


PA I.D. # 91152

Law Office of Jesse White 3350 Millers Run Road P.O. Box 384 Cecil, PA 15321

724-743-4444

JESSE :WHITE,

vs.



No.:

CHAR ES E. KUROWSKI,

Defendant.

NOTICE TO DEFEND

YOU hrve been sued in court. If you Wish to defend against the claims set forth in the follo1ng pages, you must take action within twenty (20) days after this complaint and notice aiie served, by entering a written appearance personally or by attorney and filing in writing Vlri.th the court your defenses or objections to the claims set forth against you. You are warned 14at it/iyou 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 o~er claim or relief requested by the plaintiff. You may lose money or property or other righ,i important to you.

YOU ~HOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAfiYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF Ydu CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO ~ROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL

' I' SER,ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

LAWVER REFERRAL SERVICE SOUTHWESTERN PA LEGAL AID SOCIETY 119 S,outh College Street 10 West Cherry Avenue '{Vas*ngton, PA 15301 Washington, PA 15301 724-225-6710 724-225-6710


JESSEf WHITE, Civil Division

Plaintiff,

vs. No.:

CHAR,' ES E. KUROWSKI,

Defendant.

COMPLAINT

AND NOW comes the Plaintiff, Jesse White, who files this Complaint in Civil Action against

Defen1ant, Charles E. Kurowski, and in support thereof avers the following:

1.

2:

6 ..

7.

8.

' The Plaintiff, Jesse White, is an adult individual residing at 26 White Lane, McDonald, . PA 15057.

The Defendant, Charles E. Kurowski, Esq., is a practicing attorney with an address of 30 South Main Street, Suite 102, Washington, PA 15057.

• On February 5, 2015, Defendant filed a Complaint against Plaintiff in the Washington · County Court of Common Pleas at case number 2015-631.

, The Complaint was filed on behalf of Defendant's client, Sharlene Watazychyn.

The Complaint contained allegations of identity theft, invasion of privacy and slander I of credit.

Within moments of the filing of the Complaint, numerous media outlets were alerted of the filing and presumably were given copies of the Complaint by Defendant or someone on his behalf.

The story was picked up by several of those media outlets, including KDKA-TV, The Washington Observer-Reporter, the Pittsburgh Post-Gazette, the Pittsburgh TribuneReview, the Almanac, and W JPA Radio.

· Defendant issued statements on the record in numerous cases in reference to the Complaint.

9. i .:Defendant's client, Sharlene Watazychyn, had previously referred the matter to the !Pennsylvania State Police with the stated goal of having criminal charges filed against ;Plaintiff. i

10. 1Plaintiff spoke with Trooper Brown of the Waynesburg Barracks of the Pennsylvania State Police on several occasions in January 2015 and provided written documentation that severely impacted the credibility of the allegations made by Defendant's client.

1i. .On January 25, 2015, Trooper Brown informed Plaintiff that the documentation submitted was sufficient, there was no evidence of criminality, and the case was

· considered closed with no further action to be taken.

12. Trooper Brown also told Plaintiff that he had communicated the same to Defendant's client, who was irate because there would be no criminal action.

'

13. Defendant's client left three (3) separate voicemail messages for Plaintiff on January 25-26, 2015 acknowledging her conversations with Trooper Brown and his position

i that the case was closed.

14. : Defendant filed the aforementioned Civil Complaint on February 5, 2015.

15. , :In his numerous interviews with the media, Defendant made inferences and direct ! statements to imply that the conduct of the Plaintiff may have been criminal in nature, , despite clear evidence to the contrary given to his client.

16. 1 In the Pittsburgh Tribune-Review on February 7, 2015, Defendant told a reporter that his client "told state police about the matter". Defendant is quoted as saying, "My understanding is they are looking into it." See Exhibit "A".

11. : This statement by Defendant, which implies criminal conduct on the part of the Plaintiff, is completely false.

1:a. · Defendant either knew or should have known that his statement was false, because his client had known there was no criminal investigation pending for nearly two

; weeks.

19. Defendant is quoted on KDKA television on February 5, 2015, as claiming Plaintiff's actions were "fraud", which is both a criminal and civil offense. Defendant makes no effort whatsoever to clarify that the alleged actions were civil and not criminal in nature.

40. , Plaintiff requested a clarification from Defendant to the media on the specific issue of implied criminality, which was flatly refused by Defendant.

21. Although Plaintiff had previously served as a member of the Pennsylvania House of • Representatives from 2006-2014, he held no elected or appointed public office at the time the statements were made by Defendant and therefore was not a public figure.

22.

23.

24,:

25.:

26;

28.

29.

30.

31.

32.

34.

35.

, COUNT I - DEFAMATION

~~ragraphs 1-21 are incorporated by reference as though fully set forth herein.

~efendant's communications to the media intended to hann the reputation of Plaintiff as to lower him in the estimation of the community or to deter third persons from ~ssociating or dealing with him, and are therefore defamatory under Pennsylvania law. I! .

IJl)efendant's communications to the media intended to ascribe to Plaintiff conduct, ~haracter, or a condition that would adversely affect his fitness for the proper conduct bt his proper business, trade or profession, and are therefore defamatory under II

Pennsylvania law. 1:

Oefendant's overall comments to the media were defamatory in that they implied ~riminal conduct on behalf of Plaintiff that Defendant knew or should have known was iUiltrue. I

pefendant's specific comment to the Pittsburgh Tribune-Review that the PA State Police "are looking into it" is defamation per se, as the comment clearly intends to ;imply criminality where Defendant knew or should have known none existed.

!These statements were made by Defendant to the media and published to potentially 1hundreds of thousands of readers and viewers in the Greater Pittsburgh area. The ! story was also picked up by the Associated Press and therefore visible worldwide.

: A reasonably prudent person would understand Defendant's statements to be i defamatory and directed specifically at the Plaintiff.

! Defendant's statements were negligent in nature.

; Defendant's statements were malicious in nature.

i Plaintiff suffered special harm in the form of lost business in his law practice, including clients who disengaged Plaintiff as a result of Defendant's statements.

Plaintiff suffered impairment of reputation and standing in the community, personal humiliation, and mental anguish and suffering as a result of Defendant's statements and is entitled to damages.

Defendant's conduct was outrageous because of his personal motive and/or his reckless indifference to the rights of others .

. Defendant's conduct was malicious, reckless, willful, and oppressive towards Plaintiff.

Plaintiff is entitled to punitive damages.

W.: H~.'.BREFORE, the Plaintiff demands judgment against the Defendant in an amount in excess of fifty thousand dollars ($50,000), exclusive of interest and costs.

36.

37.

'

38.:

39.

40J

4L

42;

44.

45.


raragraphs 1-35 are incorporated by reference as though fully set forth herein.

Plaintiff runs his own law practice, currently located at 3350 Millers Run Road, Suite I i02, Cecil, PA 15321.

Plaintiff has operated this business since February 1, 2004. I!

Lhe business is a sole proprietorship belonging solely to Plaintiff.

pefendant's statements implying criminality of Plaintiff were false.

A lawyer's reputation in the community is essential to cultivating client relationships.

A false implication of criminality is damaging to that reputation.

'Defendant intended the publication of his statements to cause financial loss, or he i should have reasonably recognized the publication would result in financial loss. '

Plaintiff did in fact suffer a financial loss as a result of Defendant's statements.

Defendant knew or should have known that his statements were false and in reckless : disregard of their truth or falsity.

WHB,EPORB, the Plaintiff demands judgment against the Defendant in an amount in excess of~ thousand dollars ($50,000), exclusive of interest and costs.

ResP.ectfully Submitted,

VERIFICATION

I, Jesse/White, hereby state that the facts above set forth are true and correct (or are

true an& correct to the best of my knowledge, information and belief) and that I expect

to be J1e to prove the same at a hearing held in this matter. I understand that the

statemtits herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to

unswo& falsification to authorities). I

i-~:l-/) Da;te

i 1··

,.. ' :·

R_etumto Slot- print_Thispage_ ii Larger text" Smaller text

Formet: state Rep. White stole identity, charged $28K in her ~a.\ne, mother says in lawsuit By Jason

1catd. Saturday, F~b. 7,lf 2015, 12:01 a.m.

Having bOme~! ear-constant attacks and criticism as a lawmaker)• for :·. er state Rep. Jesse White has another feud to deal with ,- ofthe family variety.

White's mothe~. Sharlene Watazychyn, 57, of Waynesburg filed a 33-pag~ co~plaint this week in Washington County courts that accmJes h~r son of identity theft and making more than $28,000 in un~llthorized charges on an account in her name.

"I don't know Jho this kid is since he's been elected," Watazychyn sJip Friday. "When the facts come out, it will come out how much ~~is boy lies." White, 36, a Cecil Democrat, returned Friday to Western Pennsylvania ftQm South Carolina. White, an attorney, said he has not s~en t~e lawsuit but insisted the allegations are not true and they stem 1·~om his mother's history of substance abuse and Former state Rep. Jesse White mental illness. !

'This lawsuit is !frivolous. The whole thing is just absurd," White LIVE !;,

said. "I wm hanttle it quickly and effectively."

Watazychyn dclnied having any addiction or mental health I

issues.

"Absolutely not l" she said. "He's grasping at straws to make me look irrational." i

Watazychyn's attorney, Charles Kurowski, said his client discovered the account in July when trying to refinance her mortg~ge. ~f3 said that beside.s the civil suit, Watazychyn told state police about the matter.

"My unders~nd,itg is they are looking into it,"Kurowski said.

State police coilild not be reached.

In the laws'uit fil~d Thursday, Kurowski stated that White .opened a revolving Citi Bank account in Watazychyn's name and had b~en using it without her authority.

It has an o~tst+~ing balance of $27,816.55, statements show. The account's credit limit is $29,100. Among the,, cha~ges on the account are payments to the Washington County Bar Association, White's law office and the Pittsburi~h Penguins for season tickets. Other payments include travel and other expenses related to White's 2012 w~dding in Las Vegas.

Watazychyn ac¢used her son of signing her name on three checks cashed on the account for $11,000.

White maintain~ that he has long been authorized to use the Citi Bank account, which he said his mother opened for him to use ~h¢n he started his professional career. He said his mother is aware of this and that he has voice mail messages ahd other evidence.

"I can prov~ thiJ so easily," White said.

In his Faceboo~i statement, White said he and his wife, Eileen, expressed concerns to his mother last summer after the bir:th ofj(their son because they were not comfortable with her driving the baby while using or under the influence of illega'I drugs. That conversation did not go well, White said. ·

"It is unfortunat~. but not at all shocking," he wrote. "This.suit is another example of my mother's refusal to address an :und~f"lying problem."

: . I,·. White contends ti: he lawsuit was filed soon after he made it known that he might run for a vacant district judge

: \IA,. . i

i

seat. \l

In. November, '(111,ite lost a re-election bid for the 46th District House seat he held since 2006. White was criticized \o/henllit was discovered in 2013 that he used online alter egos to attack his critics on the Internet.

Kurowski said fhe lawsuit has nothing to do with politics. "He actually thjrks he could be elected? I can't believe it. This guy is something," he said. "I don't have any politics agains~!him - other than how could you do this to your own mother?" Jason Cato is a writer for Trib Total Media. Reach him at 412-320-7936 or [email protected].

, I·

Copyright'© 2015-Trib Total Media "·-······-------:-----+-·--------------------- ·-------·-·----·----·----·--······ .. ······--.. --.. --.............. .

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For Prothonotary Use Only:

Docket No: ' ·,.:,..-,,

The ;o/O!wafian col;ec;ed on :l,;s fo,m ;, u,ed ,o/e/y JOc cow't ad,n;n;stmhon pu,pom. ThU fmm doe, not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. ' .

Com~encef.ent of Action:. . IB] Complamt [] Wnt of Summons D Petition

j,,

DI 'transfbr from Another Jurisdiction .. , I:

Cl Declaration of Taking

Lead Plaintiffs Name: Lead Defendant's Name:

Jesse W*ite Merl Williams

Are mon~y damages requested? IBl Yes DI No Dollar Amount Requested: Dlwithin arbitration limits

(check one) IE! outside arbitration limits

ls this a /class Action Suit? DI Yes IE!No ls this an MDJ Appeal? [J Yes tB] No

, I' ' ' '

Name of Plaintiff/ Appellant's Attorney:

• /( IE! Check here if you have ,w attorney (arc a Se!f:.}h!prcscnted [Pm Sc! Litigant)

, I Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your

'

Ii

PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important.

1:

TOR.T (dq:not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS DI :Intentional DI Buyer Plaintiff Administrative Agencies DI !MaliJious Prosecution DI Debt Collection: Credit Card DI Board of Assessment DI iMotof Vehicle DI Debt Collection: Other DI Board of Elections

< Dl)Nuis :nee 8 Dept. of Transportation DI: Pre~ses Liability Statutory Appeal: Other DI Prod~ct Liability (does not include Cl Employment Dispute:

:massJort) lEl• Slan 'er/Libel/ Defamation Discrimination

' (E]f othef: DI Employment Dispute: Other DI Zoning Board

• Conamerical Disoaraoemea DI Other: 1: I

T, .. ,I 0

I, ·.: • Ii DI Other:

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, MASST©RT DI' As bd~tos

' 1, DI: Tob~1cco

DI Toxic Tort- DES Cl; Toxi~ Tort - Implant DI; Toxip Waste

CJ Othr

,,

PROFE SIONAL LIABLITY DI Denial

, I• DI Legal CJ Medical DI Oth~r Professional:

' 1.

REAL PROPERTY DI Ejectment [] Eminent Domain/Condemnation DI Ground Rent Cl Landlord/Tenant Dispute DI Mortgage Foreclosure: Residential Cl Mortgage Foreclosure: Commercial DI Partition DI QuietTitle DI Other:

MISCELLANEOUS DI Common Law/Statutory Arbitration DI Declaratory Judgment DI Mandamus [] Non-Domestic Relations

Restraining Order DI Quo Warranto DI Replevin Cl other:

Updated 1/1/2011


Plaintiff,

vs.

MERL 'fILLIAMS, DARLENE BARNI, JUDY ~OWSER, JANICE GIBBS, "C0NC/ERNED CITIZENS OF THE 46th DI :TRICT",

Defendants.

. . .

Civil Division

No.:


Filed on behalf of Plaintiff by: Jesse J. White, Esq .

PA I.D. # 91152

Law Office of Jesse White 3350 Millers Run Road P.O. Box 384 Cecil, PA 15321

724-743-4444


JEasE j: HITE,

Plaintiff,

vs.

MERL lfILLIAMS, DARLENE BARNI, JUDY ~OWSER, JANICE GIBBS, "CC>NC~RNED CITIZENS OF THE 46~ DI~TRICT",

Defendants.

Civil Division

No.:

COMPLAINT IN DEFAMATION AND COMMERICAL DISPARAGEMENT

NOTICE TO DEFEND

You haye been sued in court. If you wish to defend against the claims set forth in the follbwiJg pages, you must take action within twenty (20) days after this complaint and notice are; senl'ed, by entering a written appearance personally or by attorney and filing in writing with th~ court your defenses or objections to the claims set forth against you. You are warned that if Yil

1bu fail to do so the case may proceed without you and a judgment may be entered aga.'in:~

1

.. :you by the court without further notice for any money claimed in the complaint or for any o .... _1~r claim or relief requested by the plaintiff. You may lose money or property or other rig;ts irportant to you.

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IF YOl.f CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PR,OVI~ •. • E YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVIrES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

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JESSE '.W°HITE, Civil Division

Plaintiff,

vs. No.:

MERL fl'ILLIAMS, DARLENE BARNI,

: I! COMPLAINT IN DEFAMATION

JUDY BOWSER, JANIC~ GIBBS,

AND COMMERICAL DISPARAGEMENT

"C'ONaERNED CITIZENS OF THE 46th DISTRICT" i ,

Defendants.

COMPLAINT IN DEFAMATION AND COMMERCIAL DISPARAGEMENT I I

A~D ~:ow comes the Plaintiff, Jesse White, who files this Complaint in Civil Action against

Defend:ants, and in support thereof avers the following:

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IThe Plaintiff, Jesse White, is an adult individual residing at 26 White Lane, McDonald, PA 15057.

:The Defendant, Merl Williams, is an adult individual residing at 267 4 Reissing Road, McDonald PA 15057.

The Defendant, "Concerned Citizens of the 46th District" is an unincorporated :organization believed to be headquartered at 1943 Route 980, Canonsburg PA 15317.

iThe Defendant, Darlene Barni, is an adult individual residing at 1943 Route 980, 'canonsburg PA 15317.

:The Defendant, Judy Bowser, is an adult individual residing at 804 Redwood Road, (McDonald PA 15057.

!The Defendant, Janice Gibbs, is an adult individual residing at 293 Profio Road, :McDonald PA 15057.

From December 1, 2006 - November 30, 2014, Plaintiff was a member of the I Pennsylvania House of Representatives, representing the 46th Legislative District.

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~laintiff was up for re-election in 2014 and faced both a Primary and General Election dhallenge.

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11aintiff defeated Democrat Tom Casciola in the May 20, 2014 Primary Election by a total of 3,107 to 2,366 votes.

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flaintiff lost to Republican Jason Ortitay in the November 4, 2014 General Election by a total of 10,462 to 8,169 votes.

i July 2013, Plaintiff attended a three-week course at the John F. Kennedy School of @overnment at Harvard University for Executives in State and Local Government.

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Plaintiff paid the tuition for this course, which was approximately $11,000.00, via a !tudent loan. No taxpayer dollars were used to pay for said tuition.

bn or about July 29, 2014, Defendant Merl Williams posted on the social media internet site Facebook regarding Plaintiff's attendance at the Kennedy School. The felevant portion of his post, attached as Exhibit "A", says: I

I called out to that class he took for 3 weeks, yes tax payers payed for it, it was like $11,000. I was told it was a high end CEO and Corporate leaders class to under stand and how to deal with stressful situations. So I asked "So this is like an Anger Management Class" I was told "Yes, a very expensive one"

fhe posting was made on the Facebook page "Concerned Citizens of the 46th District", rLn anonymous page devoted almost exclusively to criticizing Jesse White. (https://www.facebook.com/www.concernedcitizens46thdistrict)

~ccording to an article in the Pittsburgh Post-Gazette dated May 3, 2014, attached as Exhibit "B", the "Concerned Citizens of the 46th District" are led by three individuals: barlene Barni, Judy Bowser and Janice Gibbs.

,The "Concerned Citizens of the 46th District" also operate a website dedicated to ,attacking Plaintiff (http://www.concemedcitizens46thdistrict.com).

All of the posts on both the Facebook page and the website are anonymous; in fact, individual members of the "Concerned Citizens" would often communicate 1individually with the organization via Facebook to presumably create the impression :that they were not affiliated with the organization or its content.

!on April 27, 2014, Defendant Merl Williams posted on the Concerned Citizens 46th !District Facebook page about an incident that had occurred at a community event. :(See Exhibit "C", attached.)

:Not only is the April 27, 2014 statement by Defendant Merl Williams utterly false, the :"Concerned Citizens 46th District" responded by stating "You are absolutely right, Merle. I was there also. Here he goes again with poor me, pooooor meee. He is so full iof it." (See Exhibit "C", attached.)

20.: pn or about July 20, 2014, Defendant Merl Williams posted the following on his Facebook page (See Exhibit "D", attached):

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When we went to Harrisburg, myself and a friend went to his office. We went in and ask to speak to Jesse White. His reception person told us he would get him. He got up went in to get Jesse came back out and said Jesse was not in. Jesse White was in. He was actually hiding behind a book shelf. Then when he opened the tundra door and seen the the people who he used their name, he slammed the door shut and ran away. His own peers were laughing at him in the halls!

o such incident, nor anything remotely resembling it, ever occurred.

Ji1 here was no bookcase in Plaintiff's office at the State Capitol (212 lrvis Office !Building) that Plaintiff could have possibly hid behind.

bn or about May 17, 2014, Defendant Merl Williams posted the following to the ¢oncerned Citizens 46th District Facebook page (See Exhibit "E", attached):

.. . People outside our district that are now in his don't know about his Bullying that goes beyond the internet. His behavior in public is outrageous. Giving people the middle finger. There are police reports on that.

24; The incidents described in Paragraph 23 never occurred.

25, rBy stating "There are police reports on that", Defendant Williams is directly implying !criminal conduct on the part of Plaintiff.

26; )Plaintiff has never been questioned about, charged or cited with anything remotely !similar to the incident described in Paragraph 23, and to the best of his knowledge and ibelief no police report exists.

COUNT I - DEFAMATION

27; Paragraphs 1-26 are incorporated by reference as though fully set forth herein.

28: )Defendant Merl Williams' statements made via social media intended to harm the 'reputation of Plaintiff as to lower him in the estimation of the community or to deter ;third persons from associating or dealing with him, and are therefore defamatory )under Pennsylvania law.

29. ;Defendant Merl Williams' statements made via social media intended to ascribe to iPlaintiff conduct, character, or a condition that would adversely affect his fitness for , the proper conduct of his proper business, trade or profession, and are therefore · defamatory under Pennsylvania law.

30. '!Defendant Merl Williams' statements made via social media were defamatory in that 1Defendant knew or should have known was untrue.

31. These statements were made by Defendant Merl Williams via social media and :therefore visible worldwide. '

32. 1A reasonably prudent person would understand Defendant Merl Williams' statements ;to be defamatory and directed specifically at the Plaintiff.

' 33. pefendant Merl Williams' statements were negligent in nature.

34: :Defendant Merl Williams' statements were malicious in nature. '

35. Plaintiff suffered special harm in the form of lost business in his law practice, :including clients who disengaged Plaintiff as a result of Defendants' statements.

36; :Plaintiff also lost salary and benefits he would have been entitled to as a member of (the Pennsylvania House of Representatives had he been re-elected.

37. Plaintiff suffered impairment of reputation and standing in the community, personal humiliation, and mental anguish and suffering as a result of Defendants' statements :and is entitled to damages.

38. Defendants' conduct was outrageous because of their personal motive and/or their reckless indifference to the rights of others.

39! Defendants' conduct was malicious, reckless, willful, and oppressive towards Plaintiff.

40J !As proof of malice on the part of Defendant Merl Williams, on or about May 21, 2014, Williams posted the following on Facebook (See Exhibit .. _,,, attached):

Sorry Tom Casciola did not win his election to knock Jesse White off the ballot. Although, on the other hand, we get to watch State Rep. Jesse White get his face dragged through the mud from the Republican Party. ©

41. : y publishing and responding to Defendant Merl Williams' defamatory comments, befendant "Concerned Citizens of the 46th District" (and by extension self-identified proup members Darlene Bami, Judy Bowser and Janice Gibbs) are liable for the refamatory content of knowingly false statements posted on their Facebook page.

42., rmplying criminality as set forth in Paragraph 23 is defamation per se.

43.; rlaintiff is entitled to punitive damages.

WHEREFORE, the Plaintiff demands judgment against the Defendants in an amount in exdess bf fifty thousand dollars ($50,000), exclusive of interest and costs.


44. ! ' aragraphs 1-43 are incorporated by reference as though fully set forth herein.

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flaintiff runs his own law practice, currently located at 3350 Millers Run Road, Suite f 02, Cecil, PA 15321.

Plaintiff has operated this business since February 1, 2004. 1: f he business is a sole proprietorship belonging solely to Plaintiff.

Defendants' statements published on Facebook were knowingly false and published

tlwith actual malice towards Plaintiff, and therefore were defamatory.

lawyer's reputation in the community is essential to cultivating client relationships.

false implication of criminality is damaging to that reputation. 1,

befendants intended the publication of their statements to cause financial loss, or they ,should have reasonably recognized the publication would result in financial loss.

Plaintiff did in fact suffer a financial loss as a result of Defendants' statements.

Defendants knew or should have known that his statements were false and in reckless ;disregard of their truth or falsity.

WHERJ3FORE, the Plaintiff demands judgment against the Defendant in an amount in excess of fifty ~housand dollars ($50,000), exclusive of interest and costs.

VERIFICATION

I, Jesse:White, hereby state that the facts above set forth are true and correct (or are

tru~ anb correct to the best of my knowledge, information and belief) and that I expect

to be af 1e to prove the same at a hearing held in this matter. I understand that the

statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to

unswo& falsification to authorities).

C/-;H-/> I

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Date :

Merl • dHams I called out to that class he took for 3 weeks, yes tax payers payed for; it, ~ was like around $11,000. I was told it was a high end CEO and Corporate . leadets class to under stand and how to deal with stressful situations. So I asked 11Sb trlis is like an Anger Management Class" I was told "Yes, a very expensive one11

So mt theory is and some others in his position that the democratic party sent him to there classes at your expense for the bad behavior he had done with his online p~rsopa's . Even though he did this, he never mentioned an apology on TV, Radio orin ~ublic. Each month on the first Monday, he has every opportu. nity to apologize to thelwomen he made victims by using their identity. Jesse they are there each meeti I g, I have seen you there but never once have the balls to walk up and apolobize like a real man. Like· [Reply· 161 · 12

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Incum~ent hopes to overcome scandal in 46th Legisla~ive District May 3, 2014 11 :3r PM

By Janice Qrofpton I Pittsburgh Post-Gazette

Though it is gr+nd zero for Marcellus Shale gas development in the area and home to several local

drilling giants, tjhe 46th Legislative District in Washington and Allegheny counties features a primary

election that is Jurprisingly skimpy on issues involving shale gas drilling.

Instea~ th¢ ra+ for state rep~esentati:,"e there see:"s t~ have boiled ~own to one thing:. Can a techsavvy lllCUf\lber overcome h1s past fmb]es and tlnn-skmned reputat10n to hold OU to h1s seat?

State Rep. Jesse White, a Democrat and lawyer from Cecil, hopes so.

"I take full =p~nsibility for the way I conducted myself. It's not something I'm particularly proud of. It's something] think about every single day," he said of a scandal last year that made national

headlines wheJ it was revealed that Mr. White used pseudonyms and even impersonated his enemies

on Internet:pos~ngs, especially those on social media sites like Facebook.

As he goes dooLo-door introducing himself to voters in his redrawn district, Mr. White, 35, said he's

hearing suppotl for his tough stance against the Marcellus Shale drilling industry despite his

peccadilloes.

He is beingichalllenged by Cecil supervisor Thomas Casciola in the Democratic primary May 20 and

the winner bf iat race will face Republican Jason Ortitay, a 30-year-old small-business owner from South Fayette, 1n the Nov. 4 general election.

"I hear, 'Yeah, you screwed up. That was really stupid. But, we get that you are the guy out here that's

asking the tough questions. You put yourself in the line of fire when you could have easily stuck your

head in the: sar,"' he said. "At the end, that's what I think matters to people." .

But that isn't Wrlhat matters to all of the voter~;

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A recent mefitint of the Concerned Citizens of the 46th District looked more like a game of bridge than ' '

a political actio · committee. At its helm are three white-haired ladies from Cecil -- 65-year-old I, ,

grandmoth~t J bice Gibbs is the youngest of the crew -- who were meeting to discuss ways to unseat

Mr. White or pr, tect themselves from his wrath if he's re-elected.

"I voted for himftwice," said Mrs. Gibbs, whom Mr. White pretended to be by using her name to

register on several Internet sites, calling her "dumber than a box of rocks," and an "uneducated

yinzer" for her m[1

:· ews on gas well drilling.

Mrs. Gibbs $aid I she is a proponent of safe drilling, thongh she has no lease for her 10-acre property.

She said she wa: astonished by Mr. White's actions last year and frustrated that no legal action was

taken against h~m by lawmakers or prosecutors. I

The citizen'$ gr up has a handful of members, including Judy Bowser and Darlene Barni, who protested aiain'. t Mr. White outside his Harrisburg office last year, urging him to resign.

The group confi;onted the incumbent again in September, during a local fall festival where they sought

signatures to cdnvince Mr. White to resign. They got nearly 300 supporters.

Group membert' said they are concerned about what will happen if Mr. White wins re-election. They are planning to :mount a campaign to inform voters, especially those in new parts of the district, which includes Bridge, ·lle and the surrounding area.

"Turnout islimlrtant," Mrs. Gibbs said. "People in the new area have no idea what he's like." .

When the tlap ~ver the fake online personas blew up last year, Mrs. Gibbs said Mr. White left a note

on her door: as~ing for a private meeting to discuss issues between them, but she feared meeting with

him alone .•

"When you disagree with Rep. White, you become a target," she said. ''You may as well wear a bullseye

on your back. "Ji

Those sen~e ; ts have been echoed by others, who say that Mr. White goes beyond passionate in his

views and Jan'~ltolerate disagreement or criticism.

"You have to wprk with your fellow representatives, your fellow senators. If I'm on the losing end of a

4-1 vote, I mov£ on. The opinion is that Jesse can't. Ifhe loses that issue, he has to go after those four

until they're deroyed," said Mr. Casciola, 59, a homebuilder.

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Mr. Casciola ha~ ~een a supervisor for 2_2 years and said he's never seen a _state representative who is

unable to work With even members of his own party due to constant conflicts.

The bipartisan ~roup of officials who control where the local share of slots gaming revenue from the Meadows Raceqack & Casino is to be used are "loathe to support anything that Jesse puts his name

on," Mr. Ca8cio1r said.

State Sen. Tim ~olobay, D-Canonsburg, one of those who was impersonated last year online by Mr. • I

White, has ~iously said he won't support the incumbent

Mr. White said his conflicts with Mr. Solobay revolve around a difference of opinion regarding gas I I,

well drilling and said he frequently works with U.S. Rep.Tim Murphy, R-Upper St. Clair, who he said

sent a staff :i;neI!: her to a recent forum on drug abuse sponsored by Mr. White.

Susan Mosi-;ch ] , Mr. Murphy's chief of staff, confirmed that the office sent a staff member to the

event due to thJ congressman's interest in prescription drug and heroin abuse, but had no comment

b th D. Ii • •

a out e em1· cratic primary.

Mr. White mak i s no apologies for his nature and said he thinks his role as a "watchdog" for the drilling industrlr has made him a target.

industry and inithis district, you can't do that," he said.

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In the district, : nown for its rich natural gas deposits and heated debates over how best to safely

access that res9urce -- even President Barack Obama describes natural gas as "the 'bridge fuel' that can power our rconomy" -- the candidates differ somewhat on impact fees and whether drillers should

be charged a seh• erance tax. ' : ' ' :

Mr. White and 1: r. Casciola supported a challenge to Act 13, the state's 2012 sweeping law governing Marcellus Sha!: development and impact fees. In his role as Cecil supervisor, Mr. Cascio la was among

a small grou···· p 0

11,,f municipal leaders who succe.ssfully challenged the zoning provisions in the law, while

Mr. White sup , orted the challenge in several key ways. ' I

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With statevyiodle zoning provisions struck down as unconstitutional by state Supreme Court in

December, iMr./)casciola said he's largely satisfied that drilling companies are paying their fair share,

thongh he woidn't oppose a slightly higher impact fee, so long as it wouldn't put jobs at risk.

It's an importrt distinction for Mr. White, who supports a "reasonable" severance tax in addition to

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the current wpact fee. I

''When you look:at all the money we're leaving on the table ... when we have critical funding issues ... I

think in this: da~ and age, how can we not have a severance tax?" Mr. White said. "We're the only state

that doesn'that one. The impact fee works out to the functional equivalent of a 1 percent tax rate."

Before the d;etaifs of Act 13 were ironed out, Mr. White said he was "personally lobbied" by drilling

industry executives who were hoping at the time for a 7 percent tax.

"I don't buythe we're-going-to-kill-the-goose-that-laid-the-golden-egg argument, especially in

Southwestern Prnnsylvania. I've seen the infrastructure around here on a daily basis and it's not going

anywhere. Any1ne who says anything different is uninformed or disingenuous."

Mr. Casciola saj~ he isn't courting the industry for campaign funds and a spokes1nan for Range

Resources -L thJ major drilling company in the district -- has said the company won't get involved in

the race.

"I'm not looking for their support," Mr. Casciola said.

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Mr. White says ~e isn't opposed to drilling and doesn't favor a moratorium, but his well-publicized comments last year have fairly or unfairly drawn him as the anti-drilling candidate.

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Inan area that bills itself as "the Energy capital of the East," that was named among the top tier in job

growth in tlie nltion, such a position can be a tough sell.

"Shale has becoLe its own political party," Mr. White observed. ''You're either on their team or you aren't."

Janice Crompton: ·[email protected]. or 412-263-1159.

. a:':C~ ooo ·fk

Just had a,.: unf Jrtuna!e Incident on the campaign trail; stopped at the Muse It~lian !;club for some spaghetti and tripe but we never got to sit ddwn 6ecause Ced! Supervisor Elizabeth Cowden, wearing a ~tto~ for my opponent, made a vulgar remark to me and Eileen.

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Instead of enga , ing her and her group, which induded my opponent Tom 1

: ciola, former opponent Paul Walsh and a bunch of supporters in icampaign t-shirts, we chose to take the high road and got ou1: foo : to go. I guess you really are defined by the

• ! company you k ;ep.

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Merl Williams > Concerned Citizens 46th District April 27 i!J

Here is Jesse White again, telling lies. I was there he

walked ln, got his food and left. NO ONE even spoke to him. He is at his old tactics of picking on the same

people who have supported him in the past but won't

do so now. He is trying to drum up "sympathy Votes"

again.

Uke · Comnwnt · Sharr;;

11.:'.:l 3 people like this.

§! 2 shares

Top Comments T

:~<inoerri~(t;itiz~!)S 46ffil~l&jrfof You are absolutely right Merle.I was there also. Here he goes again with poor me, pooooor meee. He is so full of it Llke ·Reply· '63, April 27 at · Edited

Merl Williams All the same people were at Bridgeville and I don't see him posting about us there? All though 1 can say he rolled his eyes at me when I said hello.

Merl , iHiams When we went to HarrisburgJ myself and a friend went to his office. iWe went in and ask to speak to Jesse White. His reception person told us he wquld :get him. He got up went in to get Jesse came back out and said Jesse was not in.iJesse White was in. He was actually hiding behind a book shelf. Then when he:op • ned the tundra door and seen the the people who he used their name, he sl~m red the door shut and ran away. His own peers were laughing at him in the halls! :

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Meri Williams Those cards do not say anything about him. I hav : everyone. I also have every one of Jesse White1s cards. 11Ca

1 't be buUied, can1t be bought*1 People outside our district that

a~e . owin his don't knowabout his Bullying that goes beyond the i~ie inet His behavior in public is outrageous. Giving people the ~id

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le finger. There are poHce reports on that He slandered false ace : sations about me all over his Facebook page, then blocks me $0 I can not defend myself. He literally runs away from his cbn '. tituents on many accusations when they approach him at pub ,ic functions. Really, he runs to his car and leavest With au the c~ :era phones out there, rm sure a video of it wm pop up sprtjetime. Plus, he has been bought, his ass is chapped cause Ra . e is not paying his way anymore ..... *. Correction on my sparing in the original post, I meant to say "flier" not flyer.

L~k i • Reply · rlj 2 · 1 at : 14pm ·

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lr1 Wiiiiams !

: orry Tom caseiola did not win his election to knock Jesse . ; hite off the ballot Althought on the other hand, we get to ·: atch State Rep. Jes,se White get his face dragged through the Ii ud from 1he Republican Party. @

r,n">,i,w,an, , 11

complaints for defamation and commercial disparagement

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