JACOBS & BARBONE, P.A. [ATROPESSIONAL.CORFORATION rr ve aco 1 eoei Sermo ATTORNEYS ATLAW bE 1125 PACIFIC AVENUE beer oe ATLANTIC CITY, NEW JERSEY 0801 onjtrenew PHONE: 69) 30-25 sacar ONE (9) 348-125 wean eatatentew WEBSITE: WWWJACOBSBARBONELAW September 1, 2020 Eric Scheffler, Sheriff Atlantic County Sheriff's Office Atlantic County Court House 4997 Unami Boulevard Mays Landing, NJ 08330 RE: Donald Purdy v. James Gorman and The Township of Galloway Docket No. ATL-L-002869-20 Our File No. 16,665 Dear Sheriff Scheffler: Enclosed you will find the following documents in regard to the above-captioned matter: 1. Original and one copy of a Summons together with a copy of a Summons attached to a Complaint, Jury Demand and Designation of Trial Counsel, Civil Case Information Statement and Track Assignment Notice for service on Defendant James Gorman; 2. Original and one copy of a Summons together with a copy of a Summons attached to a Complaint, Jury Demand and Designation of Trial Counsel, Civil Case Information Statement and Track Assignment Notice for service on Defendant The Township of Galloway; 3. Our firm's check payable to Sheriff, Atlantic County in the amount of $49.12, representing the service fee. Please provide me with proof of service after service has been effected. Thank you, Very mayor ( JAC! BS/S'PARBONE, —— Edwin J Eudes Enclosures cc with encs: Donald J. PurdyEdwin J. Jacobs, Jr., Esquire (N.J. Attomey ID# 271401971) JACOBS & BARBONE, P.A. A Professional Corporation Attorneys at Law 1125 Pacific Avenue Atlantic City, New Jersey 08401 (609) 348-1125 elacobs@jacobsbarbone.law Attorneys for PlaintifT DONALD J. PURDY SUPERIOR COURT OF NEW JERSEY LAW DIVISION — CIVIL PART Plaintif, ATLANTIC COUNTY i DOCKET NO. ATL-L-002869-20 JAMES GORMAN and THE TOWNSHIP Mince ‘OF GALLOWAY, jointly severally and/or in tT the alternative, SUMMONS Defendants. The State of New Jersey To the Defendant(s) Named Above: The plaintif, named above, has filed a lawsuit against you in the Superior Court of New Jersey. The complaint attached to this summons states the basis for this lawsuit. IF you dispute this complaint, you or your attorney must file a written answer or motion and proof of service with the deputy clerk of the Superior Court in the county listed above within 35 days from the date you received this summons, not counting the date you received it. (The address of each deputy clerk of the Superior Court is provided.) If the complaint is one in foreclosure, then you must file your written answer or motion and proof of service with the Clerk of the Superior Court, Hughes Justice Complex, P.O. Box 971, Trenton, NJ 08625-0971. A filing fee payable to the Treasurer, State of New Jersey and a completed Case Information Statement (available from the deputy clerk of the Superior Court) must accompany your answer or motion when it is filed. You must also send a copy of your answer or motion to plaintiff's attorney whose name and address appear above, or to plaintif, if no attorney is named above. A telephone call will not protect your rights; you must file and serve a written answer or motion (with fee of $175.00 and completed Case Information Statement) if you want the court'to hear your defense. Ifyou do not file and serve a written answer or motion within 35 days, the court may enter a judgment against you for the relief plaintiff demands, plus interest and costs of suit. If judgment is entered against you, the Sheriff may seize your money, wages or property to pay all or part of the judgment.Hf you cannot afford an attorney, you may call the Legal Services statewide hotline number at 1-888-LSNJ-LAW (1-888-576-5529) or the Legal Services office in the county where you live, A list of these offices is provided. If you do not have an attorney and are Not eligible for free legal assistance, you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A list of these numbers is also provided. Michelle M. Smith, Cler Dated: September 1, 2020 Name of Defendant to be served: James Gorman Address of Defendant to be served: — Mayor's Office Galloway Township 300 E. Jimmie Leeds Road Galloway Township, New Jersey 08205ATLANTIC COUNTY: Deputy Clerk of the Superior Court Civil Division, Direct Filing 1201 Bacharach Boulevard, First Fir Atlantic City, NJ 08401 BERGEN COUNTY: Deputy Clerk of the Superior Court Caso Processing Section, Room 119 Justice Center, 10 Main Street Hackensack, NJ 07601-0769, BURLINGTON COUNTY: Depuity Clerk of the Superior Court Central Processing Office Attn: Judicial Intake First Floor, Courts Facility 49 Rancocas Road Mt. Holly, Nu 08060 CAMDEN COUNTY: Deputy Clerk of the Superior Court Civil Processing Office 1*'Floor, Hall of Records 101 S. Fifth Street Camden, NJ 08103 CAPE MAY COUNTY: Deputy Clerk of the Superior Court 9N. Main Street Box DN-209 Cape May Court House, NJ 08210, CUMBERLAND COUNTY Deputy Clerk of the Superior Court Civil Case Management Office Broad & Fayette Streets, P.O. Box 615 Bridgeton, NJ 08302 ESSEX COUNTY: Deputy Clerk of the Superior Court 50 West Market Street Room 131 Newark, NJ 07102 GLOUCESTER COUNTY: Deputy Clerk of the Superior Court Civil Case Management Offi Attn: Intake First Floor, Court Hous 4 North Broad Street, P.O. Box 750 Woodbury, NJ 08096 HUDSON COUNTY: LAWYER REFERRAL (609) 345-3444 LEGAL SERVICES (609) 348-4200 LAWYER REFERRAL (201) 488-0044 LEGAL SERVICES (201) 487-2166 LAWYER REFERRAL (609) 261-4862 LEGAL SERVICES (800) 496-4570 LAWYER REFERRAL (856) 964-4520 LEGAL SERVICES (856) 964-2010 LAWYER REFERRAL (609) 463-0313 LEGAL SERVICES (609) 485-3001 LAWYER REFERRAL (856) 692-6207 LEGAL SERVICES (856) 451-0003 LAWYER REFERRAL (973) 622-6207 LEGAL SERVICES (973) 624-4500 LAWYER REFERRAL (856) 848-4589 LEGAL SERVICES (856) 848-5360 LAWYER REFERRALDeputy Clerk of the Superior Court ‘Superior Court - Civil Records Dept. Brennan Court House - 1 Floor ‘583 Newark Avenue Jorsey City, NJ 07306 HUNTERDON COUNTY Deputy Clerk of the Superior Court Civil Division 65 Park Avenue Flemington, NJ 08822 MERCER COUNTY Deputy Clerk of the Superior Court Local Filing Office, Courthouse 175 S. Broad Street, P.O. Box 8068 Trenton, NJ 08650 MIDDLESEX COUNTY Deputy Clerk of the Superior Court Administration Building Third Floor 4 Kennedy Square, P.L. Box 2633, New Brunswick, NJ 08903-2633 MONMOUTH COUNTY: Deputy Clerk of the Superior Court Court House, 71 Monument Park P.O. Box 1269 Freehold, NJ 07728-1269 MORRIS COUNTY Deputy Clerk of the Superior Court Civil Division 30 Schuyler Pl, P.O. Box 910 Morristown, NJ 07960-0810 OCEAN COUNTY: Deputy Clerk of the Superior Court Court House, Room 119 118 Washington Street Toms River, NJ 08754 PASSAIC COUNTY: Deputy Clerk of the Superior Court Civil Division Court House 77 Hamilton Street Paterson, NJ 07505 SALEM COUNTY Deputy Clerk of the Superior Court 92 Market Street P.O. Box 18 ‘Salem, NJ 08079 (201) 798-2727 LEGAL SERVICES (201) 792-6363 LAWYER REFERRAL (908) 263-6109 LEGAL SERVICES (908) 782-7979 LAWYER REFERRAL (609) 585-6200 LEGAL SERVICES (609) 695-6249, LAWYER REFERRAL (732) 828-0053 LEGAL SERVICES (732) 249-7600 LAWYER REFERRAL (732) 431-5544 LEGAL SERVICES (732) 866-0020 LAWYER REFERRAL (973) 267-5882 LEGAL SERVICES (973) 285-6911 LAWYER REFERRAL (732) 240-3668 LEGAL SERVICES (732) 341-2727 LAWYER REFERRAL (973) 278-9223, LEGAL SERVICES (973) 623-2900 LAWYER REFERRAL (56) 678-8363 LEGAL SERVICES (856) 451-0003‘SOMERSET COUNTY: Deputy Clerk of the Superior Court Civil Division Office New Court House, 3" Floor P.O. Box 3000 Somerville, NJ 08876 SUSSEX COUNTY Deputy Clerk of the Superior Court ‘Sussex County Judicial Center 43-47 High Street Newton, NJ 07860 UNION COUNTY Deputy Clerk of the Superior Court 1" Floor, Court House 2 Broad Street Elizabeth, NJ 07207-6073 WARREN COUNTY Deputy Clerk of the Superior Court Givil Division Office Court House 413 Second Street Belvidere, NJ 07823-1600 LAWYER REFERRAL (908) 688-2323 LEGAL SERVICES (208) 231-0840 LAWYER REFERRAL (973) 267-5882 LEGAL SERVICES (973) 383-7400 LAWYER REFERRAL (808) 353-4715 LEGAL SERVICES (808) 354-4340 LAWYER REFERRAL (808) 387-1835 LEGAL SERVICES (808) 475-2010Edwin J. Jacobs, Jr., Esquire (N.J. Attorney ID# 271401971) JACOBS & BARBONE, P.A. A Professional Corporation Attorneys at Law 1125 Pacific Avenue Atlantic City, New Jersey 08401 (609) 348-1125 eiacobs@jacot ne.law Attorneys for Plaintiff DONALD J. PURDY SUPERIOR COURT OF NEW JERSEY LAW DIVISION — CIVIL PART Plaintiff, ATLANTIC COUNTY vs. DOCKET NO. ATL-L-002869-20 JAMES GORMAN and THE TOWNSHIP vil Acti OF GALLOWAY, jointly severally and/or in Se the alternative, SUMMONS Defendants, The State of New Jersey To the Defendant(s) Named Above: The plaintiff, named above, has filed a lawsuit against you in the Superior Court of New Jersey. The complaint attached to this summons states the basis for this lawsuit, If you dispute this complaint, you or your attorney must file a written answer or motion and proof of service with the deputy clerk of the Superior Court in the county listed above within 35 days from the date you received this summons, not counting the date you received it. (The address of each deputy clerk of the Superior Court is provided.) If the complaint is one in foreclosure, then you must file your written answer or motion and proof of service with the Clerk of the Superior Court, Hughes Justice Complex, P.O. Box 971, Trenton, NJ 08625-0971. A filing fee payable to the Treasurer, State of New Jersey and a completed Case Information Statement (available from the deputy clerk of the Superior Court) must accompany your answer or motion when it is filed. You must also send a copy of your answer or motion to plaintif's attorney whose name and address appear above, or to plaintiff, ino attomey is named above. A telephone call will not protect your rights; you must file and serve a written answer or motion (with fee of $175.00 and completed Case Information Statement) if you want the court to hear your defense. Ifyou do not file and serve a written answer or motion within 36 days, the court may enter a judgment against you for the relief plaintiff demands, plus interest and costs of suit. If judgment is entered against you, the Sheriff may seize your money, wages or property to pay all or part of the judgment.f you cannot afford an attorney, you may call the Legal Services statewide hotline number at 1-888-LSNJ-LAW (1-888-576-5529) or the Legal Services office in the county where you live. A list of these offices is provided. If you do not have an attorney and are not eligible for free legal assistance, you may obtain a referral to an attomey by calling one of the Lawyer Referral Services. A list of these numbers is alsp provide: Michelle M. Smith, Clerk’ Dated: September 1, 2020 Name of Defendant to be served: The Township of Galloway ‘Address of Defendant to be served: _ c/o Kelli Danieli, Clerk Galloway Township 300 E, Jimmie Leeds Road Galloway Township, New Jersey 08205ATLANTIC COUNTY: Deputy Clerk of the Superior Court Civil Division, Direct Filing 1201 Bacharach Boulevard, First Flr Atlantic City, NJ 08401 BERGEN COUNTY: Deputy Clerk of the Superior Court Case Processing Section, Room 119 Justice Center, 10 Main Street Hackensack, NJ 07601-0769 BURLINGTON COUNTY: Deputy Clerk of the Superior Court Central Processing Office Attn: Judicial Intake First Floor, Courts Facility 49 Rancocas Road Mt. Holly, Nu 08080, CAMDEN COUNTY: Deputy Clerk of the Superior Court Civil Processing Office 1 Floor, Hall of Records 401 S. Fifth Street Camden, NJ 08103 ‘CAPE MAY COUNTY: Deputy Clerk of the Superior Court 9N, Main Street Box DN-209 Cape May Court House, NJ 08210 ‘CUMBERLAND COUNTY Deputy Clerk of the Superior Court Civil Case Management Office Broad & Fayette Streets, P.O. Box 615 Bridgeton, NJ 08302 ESSEX COUNTY: Deputy Clerk of the Superior Court 50 West Market Street Room 131 Newark, NJ 07102 GLOUCESTER COUNTY: Deputy Clerk of the Superior Court Civil Case Management Office - Attn: Intake First Floor, Court House 4 North Broad Street, P.O. Box 750 Woodbury, NJ 08096 HUDSON COUNTY: LAWYER REFERRAL (609) 345-3444 LEGAL SERVICES (609) 348-4200 LAWYER REFERRAL (201) 488-0044 LEGAL SERVICES (201) 487-2166 LAWYER REFERRAL (609) 261-4862 LEGAL SERVICES (800) 496-4570 LAWYER REFERRAL (856) 964-4520 LEGAL SERVICES (856) 964-2010 LAWYER REFERRAL (608) 463-0313 LEGAL SERVICES (609) 465-3001 LAWYER REFERRAL (856) 692-6207 LEGAL SERVICES (856) 451-0003 LAWYER REFERRAL (073) 622-6207 LEGAL SERVICES (973) 624-4500 LAWYER REFERRAL (856) 848-4589 LEGAL SERVICES (856) 848-5360 LAWYER REFERRALDeputy Clerk of the Superior Court Superior Court - Civil Records Dept. Bronnan Court House ~ 1* Floor 583 Newark Avenue Jersey City, NJ 07306 HUNTERDON COUNTY Deputy Clerk of the Superior Court Civil Division 65 Park Avenue Flemington, NJ 08822 MERCER COUNTY Deputy Clerk of the Superior Court Local Filing Office, Courthouse 175 S, Broad Street, P.O. Box 8068 Trenton, NJ 08650 MIDDLESEX COUNTY Deputy Clerk of the Superior Court Administration Building Third Floor 4 Kennedy Square, P.L. Box 2633, New Brunswick, NJ 08903-2633 MONMOUTH COUNTY: Deputy Clerk of the Superior Court Court House, 71 Monument Park P.O. Box 1269 Freehold, NJ 07728-1269 MORRIS COUNTY Deputy Clerk of the Superior Court Civil Division 30 Schuyler PL, P.O. Box 910 Morristown, NJ 07960-0910 OCEAN COUNTY: Deputy Clerk of the Super Court House, Room 119 418 Washington Stre Toms River, NJ 08754 PASSAIC COUNTY: Deputy Clork of the Superior Court Civil Division Court House 77 Hamilton Street Paterson, NJ 07505 ‘SALEM COUNTY Deputy Clerk of the Superior Court 92 Market Street P.O. Box 18 Salem, NJ 08079 (201) 798-2727 LEGAL SERVICES (201) 792-6363 LAWYER REFERRAL (808) 263-6109 LEGAL SERVICES (908) 782-7979 LAWYER REFERRAL (609) 585-6200 LEGAL SERVICES (609) 695-6249 LAWYER REFERRAL (732) 828-0053, LEGAL SERVICES (732) 249-7600 LAWYER REFERRAL (732) 431-5544 LEGAL SERVICES (732) 866-0020 LAWYER REFERRAL (973) 267-5882 LEGAL SERVICES (973) 285-6911 LAWYER REFERRAL (732) 240-3666 LEGAL SERVICES (732) 341-2727 LAWYER REFERRAL (973) 278-9223, LEGAL SERVICES (973) 523-2900 LAWYER REFERRAL (256) 678-8363 LEGAL SERVICES (56) 451-0003SOMERSET COUNTY: Deputy Clerk of the Superior Court Civil Division Office New Court House, 3" Floor P.O. Box 3000 Somerville, NJ 08876 SUSSEX COUNTY Doputy Clerk of the Superior Court Sussex County Judicial Center 43-47 High Street Newton, NJ 07860 UNION COUNTY Deputy Clerk of the Superior Court 1* Floor, Court House 2 Broad Street Elizabeth, NJ 07207-6073 WARREN COUNTY Deputy Clerk of the Superior Court Civil Division Office Court House 413 Second Street Belvidere, NJ 07823-1500 LAWYER REFERRAL (908) 686-2323, LEGAL SERVICES (908) 231-0840 LAWYER REFERRAL (873) 267-5882 LEGAL SERVICES (873) 383-7400 LAWYER REFERRAL (908) 353-4715 LEGAL SERVICES (908) 354-4340 LAWYER REFERRAL (908) 387-1835 LEGAL SERVICES (908) 475-2010 | |ATL-L-002869-20 08/28/2020 4:20:46 PM Pg 1 of 15 Trans ID: LCV20201521465 Edwin J. Jacobs, Jr., Esquire (N.J, Attorney ID# 271401971) JACOBS & BARBONE, P.A, A Professional Corporation Attorneys at Law 1125 Pacific Avenue Atlantic City, New Jersey 08401 (609) 348-1125 cobs@acobsbarhone.law Attorneys for Plaintiff DONALD J, PURDY SUPERIOR COURT OF NEW JERSEY LAW DIVISION — CIVIL PART Plaintif, ATLANTIC COUNTY "= Peto pocket no. }-7Z-L-00, JAMES GORMAN and THE TOWNSHIP wil Acti OF GALLOWAY, jointly severally and/or in ct the altemative, COMPLAINT, JURY DEMAND AND Defendants: DESIGNATION OF TRIAL COUNSEL Plaintiff, Donald J. Purdy, residing at 24 S. Odessa Avenue, Egg Harbor City, Atlantic County, New Jersey, by way of complaint-against the deferidants, says as follows: COUNT ONE (Defamation) 1. Plaintiff Donald J, Purdy’is-a former elected official of the Township of Galloway who resides in Atlantic County, New Jersey. He is a private citizen and the primary owner and operator of multiple businesses, including: Purdy Collision, DP Towing, Purdy Automotive, Purdy Galloway Grill, and D&M Holdings, LLC. For purposes of this cause of action, all of Plaintif's business operations are relevant except D&M Holdings, LLC.ATL+L-002869-20 08/28/2020 4:20:46 PM Pg 2 of 15 Trans ID: LCV20201521465 2. In 2009, Plaintiff was elected to Galloway Township Council and served as Mayor beginning 2012. Plaintif's Mayoral term lasted until December 2017. Plaintiff was succeeded by Anthony Coppola, Jr. on January 2, 2018. Three newly elected Council members were swom in on that date as well, namely, James Gorman, Mary Crawford and Frank Santos. 3, In Januiary of 2018, Galloway Township Couneil appointed Plaintiff to the Economic Development Committee and thé Galloway Planning Board, Plaintiffs appointments to the Committee and Board received a hostile response from certain Council members, 4, During the political campaign leading. up to Defendant Gorman’s Mayoral appointment in January 2020, Deféndant Gorman knowingly and falsely accused Plaintiff of political corruption. At that time, Plaintiff was a private citizen who had been out of office and removed from politics for two (2) years. 5. In of around September of 2019, Defendant Gorman published his first letter to the Galloway community falsely alleging that Plaintiff was receiving political payouts, Defendant Gorman knowingly and incorrectly stated that Plaintiff Purdy “continues to collect tens of thousands of dollars from Galloway taxpayers and has a lucrative towing contract.” Both of those statements are false, Plaintiff was not collecting any money from the Towiiship pursuant to:a “lucrative contract” or any contract at all. (Exhibit A). 6. Defendant Gorman knowingly made these false statements notwithstanding the fact that the information he had access to, particularly records of payments made to Plaintiff by the Township of Galloway, showed the opposite. MichaelATL+L-002869-20 08/28/2020 4:20:46 PM Pg 3 of 15 Trans ID: LCV20201521485 Suleiman, the Atlantic Gounty Democratic Party Chairman and ‘de facto” campaign manager for Defendant Gorman, requested the 2017-2019 vendor activity reports regarding Plaintif’s “business deals" with the. Township. 7. Defendant Gorman, the leading Democratic candidate for election as Mayor under Sulieman’s campaign, hed access to those OPRA documents. The vendor activity reports of 2018 and 2019 that Deferidant Gorman relied on show that Plaintiff collected no money from the Township of Galloway for towiria services. In fact, those records show that the only money Plaintiff ever received from the Township was escrow money due and fetumed to him, as well as. payments for a few miscellaneous vehicle tepairs and food catered events and meetings. Those payments totaled less than $30,000.00. Furthermore, the payroll records and W-2 Forms regarding payments to Plaintiff from the Township between January 2010 and December of 2017 show that Plaintiff's salary was less than $10,000.00-per year during his tenure on Township Council. No additional money was ever paid to’ Plaintiff. 8 On October 22, 2019, Plaintiff Purdy addressed the Galloway Township Council during a “public questioning" couricil meeting and voiced his concerns regarding the false accusations levied against him by Defendant Gorman. Plaintiff expressed that the false statements Defendant Gorman published to the 37,000 citizens of Galloway damaged both his business relationships and familial relationships with those citizens. 9, Eleven days later, on November 3, 2019, then-Mayor Coppola formally addressed the Galloway Township Council regarding past political decisions by Council members. Present at that meeting were members Richard Clute, Tony DiPietro, Frank Santos, Mary Crawford and James Gornian, At the conclusion of his speech, MayorATL+L-002869-20 08/28/2020 4:20:46 PM Pg 4 of 15 Trans ID: LCV20201521465 Coppola apologized to Plaintiff Purdy for the shameful letter that was published by Defendant Gorman. Mayor Coppola then asked Defendant Gorman point blank, “Councilman Gorman, do you actually believe there is corruption up here?" Defendant Gorman hesitantly responded: "I think we were wrong...in what was sent." 10. Weeks after admitting the falsity of his first letter, Defendant Gorman published a second letter to the Galloway Township community reemphasizing the lies penned in the former. Defendant Gorman edited his “political corruption” language and stated that Plaintiff was engaged in ‘political self-dealing" in his second letter. Defendant Gorman also removed the identity of Plaintif's “Republican Members" from his second letter and targeted only Plaintiff, a private citizen. (Exhibit B). 14. Following Defendant Gorman's publication of lies to the more than 37,000 citizens of Galloway, the Township denied Plaintiff's bids for automotive repairs and body work, The Township then solicited the business of an alternative vendor in Ocean County whose prices are considerably ‘higher, The Township did no further business with Plaintiff and sent all work to Streamline Auto Body, located more than thirty (30) miles outside of Galloway. Defendant, Gorman's false publications soiled Plaintiff's reputation as a business owner in the Galloway Township community and caused a decline in his business révenue. 12. Shortly thereafter, the Township proposed a resolution for “fleet and auto body repairs” with Streamline. The resolution anticipated that the value of services ‘would exceed:$17,500 and that the estimated expenditures for 2020 "should not exceed $39,900." But the resolution did not go into effect until August 11, 2020.ATL+L-002869-20 08/28/2020 4:20:46 PM Pg 5 of 15 Trans ID: LCV20201521465 18. On December 46, 2049, Plaintiff Purdy filed a Tort Claims Notice against Defendant Gorman and the Township of Galloway to preserve his right to bring this complaint, (Exhibit C). 14. Defendant Gorman, at all times relevant hereto, published false information knowingly and/or in reckless disregard of such falsity that has proximately caused damages to Plaintif's good name and standing in the community, personal humiliation, and business economic loss as a result of the Township's termination of business with Plaintiff while in turn defaming his business reputation in the community, WHEREFORE, Plaintiff demands judgment against Defendant Gorman, jointly, severally or in the alternative, for publication of libelous statements as follows: + a. Compensatory damages; b. Punitive damages; c. Any other relief which the Court deems equitable and just, COUNT TWO (Civil Conspiracy) 15. Plaintiff-repeats and incorporates the allegations as if fully set forth in Count One. 18. Civil conspiracy is an’agreement by two or more persons to commit a Wrongful act, which agreement may be made orally, in writing, or may be implied by the conduct of the parties. 17. Priof to Defendant Gorman's publishing of the false letters, Defendant Township of Galloway was aware that defaming Plaintiff was a wrongful act.ATL+L-002869-20 08/28/2020 4:20:46 PM Pg 6 of 15 Trans ID: LCV20201521465, 18. The conduct of Defendant Galloway Township, namely the erronéous reliance on all of the same OPRA information aforenoted, implies that Defendants conspired to defame Plaintif. 19. Following Mayor Coppola's address to-Township Council on November 3, 2019, Defendant Township of Galloway was aware of Defendant Gorman’s admission that the letter he had published to the Galloway community was “wrong.” 20. Still, Defendant Township of Galloway took no corrective action against Defendant Gorman and acquiesced in Defendant Gorman's publishing of a second letter to the Galloway community defaming Plaintiff. 21. Defendant Gorman and Defendant Township of Galloway did, at all times relevant hereto, implicitly agree to knowingly disclose false information regarding Plaintiff and/or disclose the information in reckless disregard of such falsity. Defendants did by virtue of the conduct aforenoted proximately cause damages to Plaintiff's good name, reputation:and business relations in the Township of Galloway. WHEREFORE, Plaintiff demands judgment against Defendant Township of Galloway as follows: A, Compensatory damages; B. . Punitive damages; ©. Any other relief which the Court deems equitable and just. COUNT THREE (Respondeat Superior) 22, Plaintiff repeats and incorporates all previous allegations as if fully set forth herein,ATL+L-002869-20 08/28/2020 4:20:46 PM Pg 7 of 15 Trans ID: LCV20201521465 23. Defendant Gorman did, at all times relevant hereto, mairitain a duty of care due and owing any citizens he encountered in: the Township’ of Galloway. Defendant Gorman knew that the Plaintiff was a law-abiding citizen and productive business owner in the Township of Galloway, but continued to engage in the conduct aforenoted and proximately caused the injuries ‘and damages aforenoted. 24. Defendant Township of Galloway took no corrective action against Defendant Gorman following his November 3, 2019 admission that his original letter published to the Galloway community was "wrong." Thereafter, Defendant Township of Galloway acquiesced in Defendant Gorman’s publishing of a second letter to the Galloway community defaming Plaintif 25. Defendant Galloway Township did, at, all times relevant hereto, fail to properly supervise Defendant Gorman, and allowed him to abuse his duties and obligations as Gounciiman to the citizens of Galloway, namely Plaintiff Purdy 26. Defendant Gorman was, at all imes relevant hereto, an employee, agent and servant of the Township of Galloway, and the Toiwnship of Galloway had a duty of care to properly supervise and assure that its agent and Councilman, Defendant Gorman, acted in conformity with known and existing rules of law, The Township of Galloway is liable to the Plaintiff under the theory of respondeat superior for defamation. WHEREFORE, Plaintiff demands Judgmett against Defendant Township of Galloway as follows: ‘A. Compensatory damages; B. Punitive damages; C. Interest and attorney's fees and costs of sult;ATL-L-002869-20 08/28/2020 4:20:46 PM Pa 8 of 15 Trans ID: LCV20201521465 D. Any. ther relief which the Court deems equitable and just. JURY DEMAND PURSUANT TO R. 1:8-1(b) and R, 4:35-4 Plaintiff Donald J. Purdy hereby requests trial by jury as to all issues herein. RULE 4:5-1 CERTIFICATION - Pursuant to R. 4:5-1, | hereby certify that to the best of my knowledge, information and belief, the matter in controversy is not the subject of any other action pending in any Court or arbitration proceedings, and no other action is'contemplated. | know of no other parties that should be joined herein. DESIGNATION OF TRIAL COUNSEL Plaintiff hereby designates Edwin J. Jacobs, Jr., Esquire as trial counsel in this matter. JACOBS & BARBONE, P.A. “oon rene Donald J. Purdy BY: Sour Edwin J. Jacobs, Jr., Dated: August 28, 2020ATL-L-002869-20 08/28/2020 4:20:46 PM Pg 9 of 15 Trans ID: LCV20201521465 EXHIBIT AATL-L-002869-20 08/28/2020 4:20:48 PM Pg 10 of 15 Trans ID: LCV20201521465ATL+L-002869-20 08/28/2020 4:20:46 PM Pg 11 of 15 Trans ID: LCV20201521465 . EXHIBIT BATL+L-002869-20 08/28/2020 4:20:46 PM Pg 12 of 15 Trans ID: LCV20201521465 From the Desk of Councilman Jim Gorman 18 West McKinley Ave Galloway, NJ 08205 Dear Neighbor, ‘Two years ago, the voters in Galloway sent a message. After years of rising taxes and political self-dealing, they wanted a change from the Purdy Regime, and Mayor Purdy was voted out of office. ‘Although this message was sent loud and clear, the remaining Republicans on the Council didn’t hear you. Just days after ex-mayor Purdy was voted out, Tony Coppola, Rich Clute, and Tony DiPietro appointed ex-mayor Purdy to the influential Galloway Planning Board. ” Purdy’s’blSinésses also continue to collect tens of thousands of dollars from Galloway taxpayers and he has a lucrative towing contract. Government should not be about personal enrichment or political payouts to friends and family. , ‘My two running mates and | were elected in 2017 with a promise to bring integrity back to the Town. Council. We're trying our best, but the remaining ’Purdy team members won't support our efforts to clean up Galloway: We are still In the minority for now, but this Tuesday, we can elect new Council Members that share our vision for Galloway. That's why I'm asking that you vote for John O'Kane, Elizabeth Egan and Walead Abdrabouh for Galloway Cotincll this Tuesday, November Sth. They will act with integrity, and be faithful stewards of our tax dollars. | hope they can count'on your support. Sincerely, Coyhcilman Jim-Gorman P.S. I've enclosed some information about the Democratic candidates and their plan for Galloway. Ifyou have any questions, please call’me at (609) 225-6419. NOT PAID FOR AT TAXPAYERS EXPENSE ald for by Walead Abdrabouh for Cuncl,404'8 Stockbridge Ct, Galloway, NJ 08205,ATL+L-002869-20 08/28/2020 4:20:46 PM Pg 13 of 15 Trans ID: LCV20201521465 EXHIBIT CATL-L-002869-20 08/28/2020 4:20:46 PM Pg 14 of 15 Trans ID: LCV20201521465 JACOBS & BARBONE, PA, ow pAcO86 ‘APROFESSIONAL. CORPORATION arc Joxes scnbp@icabaacboelowe ows mauo4 reel Jou.sjunre « 135 PACTEIC AVENUB ATLANTIC CITY, NEW RRBEY 8801 ene ‘PHONG 6) 248125, FAX (605) 348-774 ‘WaBsrre: December 16, 2019 Via certified mall, rrr., regular mall Anthony J. Coppola, Jr. Galloway Township Municipal Government 300 East Jimmie Leeds Road Galloway, New Jersey 08205 RE: Tort Claim of Donald Purdy Our File No. 16,685 Dear Mr. Coppola: Please be advised this office represents Donald Purdy in a potential civil lawsuit to be filed in the Superior Court of New Jersey, Law Division, Clvil Part, Atlantic County or in the Federal District Court: This letter fs being forwarded to you in accordance with the terms of NuJ.S.A, 69:8-4 and N.J.S.A. 89:8-7 and is intended to advise you of my client's claims against the Township of Galloway, Councilman Jim Gorman, and other municipal members end ‘administrators. | offer the following information with respect to that olalm. 1. My client's full name and address is as follows: Donald Purdy 805 Third Avenue, Galloway, New Jersey 08205 2. Notices regarding this-clalm are to be sent to me at the following address; Edwin J. Jacobs, Esquire Jacobs & Barbone, P.A. 1125 Pacific Avenue Atlantic City, NJ 08401 3. This claim arises from libelous statements published by Councilman Jim ‘Gorman in two letters sent to the Galloway community regarding the, November 5, 2019 election. Those letters falsely alleged that ex-mayor PurdyATL-L-002869-20 08/28/2020 4:20:46 PM Pg 15 of 15 Trans ID: LCV20201521465 received political payouts from the Galloway Planning Board as well as collected tens of thousands of dollars under a "lucrative towing contract” with the Township, 4, My client has suffered injtles and damages to his good name and reputation, standing in the community, persofal humiliation, mental anguish and biisiness economic loss as a result of these libelous publications, 5, The public entities anc/or-employees alleged to have contributed to my olient’s injuries, damages and losses are those individuals employed by the ‘Township of Galloway, Including but not limited to Counciiman Jim Gorman, and any and all agents and officers of the Township of Galloway who caused and otherwise facilitated the publication of libelous statements that have impaired my client's reputation and economic advantage by disclosing false and untrue Information knowingly and/or in reckess disregard of such falsity, 6. The full extent of my client's claims and injurles have yet to be determined and the claim |s stili under investlgatton in this office, Very truly yours, } WACO! BONE, . . Bibs J i “ EW Go: Municipal Clerk, Kelli Daniell Co: Donald PurdyATL-L-002869-20 08/28/2020 4:20:46 PM Pg 4 of 1 Trans ID: LCV20201521465, Civil Case Information Statement (Case Caption: PURDY DONALD VS GORMAN JANES case Initiation Date: 0824/2020 Complaint with Jury Demand Atomey Name: EDWIN J JACOBS JR YES -6 JURORS Firm Name: JACOBS & BARBONE, PA Is thie a professional malpractice case? NO ‘Address: 1125 PACIFIC AVE. Related cases ponding: NO ATLANTIC CITY Ny 08401 It yo lst docket number Phone: 6003481125 o you anticipate adding any partes (arising out of samo [Namo of Party: PLAINTIFF: Purdy Donal, ‘transaction or occurrence}? NO [Name of Defendant's Primary Insurance Company (Fen: Unknown ‘Are sexual abuse claims alleged by: Donald J Purdy? NO Do parties have a current, past, or recurrent relationship? YES Ifyes, Is that relationship: Employer/Employee, Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO Iyes, please Identify the requested accommodation: Will an interpreter be needed? NO Ifyes, for what language: Please check off each applicable category: Putative Class Action? NO Title 58? NO Consumor Fraud? NO | certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submited in the future in accordance with Rule 1:38-7(b) 08/28/2020 /s/ EDWIN J JACOBS JR Dated SignedATLL 002869-20 08/29/2020 4:36:35 AM Pg 1 of 1 Trans ID: LCV20201524467 SUPERIOR COURT OF NEW JERSEY ‘ATLANTI COUNTY LAW DIV 1201 BACHARACH BLVD ATLANTIC CITY NJ 08401 ‘RACK ASSIGNMENT NOTICE COURT TELEPHONE NO. (609) 402-0100 COURT HOURS 8:30 AM ~ 4:30 PH DATE: AUGUST 28, 2020 RE: PURDY DONALD VS GORMAN JAMES DOCKET: ATL Z -002869 20 ‘THE ABOVE CASE HAS BEEN ASSIGNED TO: TRACK 3. DISCOVERY IS 450 DAYS AND RUNS FROM THE FIRST ANSWER OR 90 DAYS FROM SHRVICE ON THE FIRST DEFENDANT, WHICHEVER COMES FIRST THE PRETRIAL JUDGE ASSIGNED IS: HON MARY C, STRACUSA IF YOU HAVE ANY QUESTIONS, CONTACT TERM 003, (608) 402-0100 ExT 47810. If YOU BELIEVE THAT THE TRACK IS INAPPROPRIATE YOU MUST FILE A CERTIFICATION OF GOOD CAUSE WITHIN 30 DAYS OF THE FILING OF YOUR PLEADING. PLAINTIFF MUST SERVE COPIES OF THIS FORM ON ALL OTHER PARTIES IN ACCORDANCE WITH R.4:5A-2. ATTENTION: ATT: EDWIN J. JACOBS JACOBS & BARBONE, PA 1125 PACIFIC AVE ATLANTIC CITY NJ 08401 COURTS