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TALKWILLIAMSPORT.COM
A civil lawsuit was filed today in Lycoming County Court of Common Pleas by local journalist Todd Bartley against James Webb, Jr., Webb Weekly and Darrick Dixon.
The allegations in the complaint allege a years long “campaign” against Bartley, his wife, his children, his business relationships and standing in the community.
Much of the complaint is based on a fake social media profile and the countless repeated harassing, inappropriate and indecent images sent to and posted regarding the Plaintiffs.
From the Complaint:
10. “In the summer months of 2018, Plaintiff Todd Bartley, an investigative reporter/blogger,
began reporting on an incident involving the sexual assault of a minor
while the minor was on a trip to Myrtle Beach, South Carolina in March 2018,
as a member of the Williamsport Area High School Baseball Team.
Following his investigation into the sexual assault of a minor in Myrtle Beach, South Carolina
and the investigation by Williamsport Area School District officials,
Plaintiff began to publish articles outlining the events of the baseball team trip
and how the events were being handled by the Williamsport Area School District
and Lycoming County officials.
11. Following the publishing of the articles by Plaintiff Todd Bartley,
Plaintiffs began receiving threats of violence and
other harassing behavior such as receiving threats via social media platforms,
vandalism to their home and vehicles,
including but not limited to, flattened tires,
a brick being thrown through the window of a business vehicle
and arson to a personal vehicle.”
“22. Based upon the investigation performed by the
Sheriff’s Office of Frederick County, Virgina,
it is believed and therefore averred that the synthetic profile was owned by
and utilized by Defendant Darrick Dixon.
23. The synthetic profile is owned by a business duly licensed and organized in the
Commonwealth of Pennsylvania doing business as “Hoopers Only TV.”
24. At all times relevant hereto,
Darrick Dixon was an employee of James Webb, Jr. at his business Webb Weekly.”
On background, Hoopers Only TV was granted unfettered access to Lycoming County High School athletic facilities to broadcast sporting events over the past several years.
Plaintiffs are seeking a jury trial as well as financial damages and attorney fees.
Editor’s Note: The addresses of the parties and any reference to said addresses has been REDCATED.
The filing is listed in full below.
TODD BARTLEY and MICHELLE
BARTLEY, husband and wife, JOHN
DOE AND JANE DOE, AND
COLONIAL RADIO GROUP OF
WILLIAMSPORT, LLC
Plaintiffs,
v.
JAMES A. WEBB, JR., WEBB
WEEKLY, AND DARRICK DIXON,
Defendants.
DOCKET NO.
CIVIL ACTION – LAW
JURY TRIAL DEMAND
:
COMPLAINT
AND NOW, comes Plaintiffs, Todd Bartley, Michelle Bartley, John Doe, Jane Doe, and Colonial Radio Group of Williamsport, LLC by and through their counsel, Gregory A. Stapp, Esquire and complains against Defendants, James A. Webb, Jr., Webb Weekly and Darrick Dixon as follows:
1. The Plaintiffs, Todd Bartley is an adult individual residing at REDACTED, Williamsport, Lycoming County, Pennsylvania 17701.
2. The Plaintiffs, Michelle Bartley is an adult individual residing at REDACTED, Williamsport, Lycoming County, Pennsylvania 17701.
3. The Plaintiffs, John Doe was a minor individual residing at REDACTED, Williamsport, Lycoming County, Pennsylvania 17701 at the time of the incident complained of in this Complaint.
4. The Plaintiffs, Jane Doe was a minor individual residing at REDACTED, Williamsport, Lycoming County, Pennsylvania 17701 at the time of the incident complained of in this Complaint.
5. The Plaintiffs, Colonial Radio Group of Williamsport, LLC was a business duly organized and operating under the laws of the Commonwealth of Pennsylvania with a principal address REDACTED, Williamsport, Lycoming County, Pennsylvania 17701 at the time of the incident.
6. The Defendant, James A. Webb, Jr., is an adult individual residing at REDACTED, Montoursville, Lycoming County, Pennsylvania.
7. The Defendant Webb Weekly, is a business duly organized and operating under the laws of the Commonwealth of Pennsylvania with a principal address at REDACTED, South Williamsport, Lycoming County, Pennsylvania.
8. The Defendant, Darrick Dixon, is an adult individual residing at REDACTED, Harrisburg, Dauphin County, Pennsylvania.
9. At all times relevant hereto Todd Bartley was owner and operator of Colonial Radio Group of Williamsport, LLC.
10. In the summer months of 2018, Plaintiff Todd Bartley, an investigative reporter/blogger, began reporting on an incident involving the sexual assault of a minor while the minor was on a trip to Myrtle Beach, South Carolina in March 2018, as a member of the Williamsport Area High School Baseball Team. Following his investigation into the sexual assault of a minor in Myrtle Beach, South Carolina and the investigation by Williamsport Area School District officials, Plaintiff began to publish articles outlining the events of the baseball team trip and how the events were being handled by the Williamsport Area School District and Lycoming County officials.
11. Following the publishing of the articles by Plaintiff Todd Bartley, Plaintiffs began receiving threats of violence and other harassing behavior such as receiving threats via social media platforms, vandalism to their home and vehicles, including but not limited to, flattened tires, a brick being thrown through the window of a business vehicle and arson to a personal vehicle.
12. As Plaintiff Todd Bartley began to publish articles about the handling of the assault of the minor child while on a school trip with the Williamsport High School baseball team, he discovered that Defendant Webb was going to several advertisers with Colonial Radio Group of Williamsport, LLC and spreading false and defamatory statements about Plaintiff Todd Bartley and his reporting on the assault.
13. Plaintiffs believe, and therefore aver, that Defendant Webb also told several advertisers with Colonial Radio Group of Williamsport, LLC that they should stop advertising with Colonial Radio Group because of Plaintiff Todd Bartley’s reporting on the assault.
14. On or about July 01, 2022, Plaintiff Todd Bartley contacted the Sheriff’s Department of Frederick County, Virginia, regarding threats he was receiving via social media platforms while in Frederick County, Virginia for his job. Sheriff Lenny Milholland assigned Investigator Brandon Hazelwood of Frederick County Sheriff’s Office Criminal Investigative Division to investigate the threats.
15. Investigator Hazelwood was provided a plethora of screenshots of direct messages by Plaintiff Todd Bartley that had been sent to his personal social media page and his business social media page from an obviously synthetic identity as well as public posts on his business and personal pages, specifically https://www.facebook.com/talkwilliamsport and https://www.facebook.com/todd.bartley.9. For example, “If He dies…you die.” Which was received by Plaintiff Todd Bartley in December 2021.
16. The focus of the investigation by Frederick County Sheriff’s Office the was on a message dated June 29, 2022, where Meta Profile |talkwilliamsport| was in receipt of “Tick Tick Boom” from Meta Profile https://www.facebook.com/CharlieBrown00. This in and of itself is vague and open ended; however, the circumstances of this “threat” that are credible are as follows:
a. As outlined in Pennsylvania State Police Report REDACTED titled “Arson Vehicle” dated August 18, 2020, was provided to Investigator Hazelwood through Frederick County Crime Analyst Gattshall.
b. Within this report it is reported by responding Troopers and Investigators that suspects were developed in this case and data was captured detailing the “bombing” of Bartley’s car by use of “accelerant” intentionally while it was parked in his driveway of his home causing four fire companies to respond to extinguish the flames. As a result of this “bombing”, the car was considered a total loss and was investigated as an intentional and deliberate Arson.
c. Leads in this arson case were developed and suspects were identified by Pennsylvania authorities and this case was presented for prosecution.
d. The reported “reason” for this intentional “bombing” of Bartley’s car is explained to have stemmed from a Radio broadcast and social media publications from 2018 of a series of stories outlining Bartley’s views of Myrtle Beach’s Police fallacies and Pennsylvania’s prosecutorial mistakes made during the investigation, involving a sexual assault that took place in Myrtle Beach South Carolina that involved students on the Williamsport High School baseball team.
17. Due to this reporting, “trolling” of Plaintiff Todd Bartley’s social media sites was expected by Todd Bartley; however, messages were delivered to him on his business Meta Site and his personal profile page that contained lewd, lascivious, and provocative language whereas a handful of messages were interpreted as circumstantial threats by Investigator Hazelwood.
These threats are as follows:
a. In a majority of the messages that were received through Bartley’s business page since the 2018 reporting and the 2020 car bombing incident, statements are made such as: “if you don’t write back I guess you want us to keep going,” “ok I am about to go on one of the schools pages and unload you don’t want to reply I will delete whatever I’m about to put up all you have to do is
reply to me,” “reply! It’s going to get worse,” “say something,” “or we keep going just like you do our Mayor,” “ok Todd,” “Watch the movie American gangster listen to what Denzel says after the saying that happened to you already listen to what he says. That’s your clue. Since you like to use movies as references. I want to be just like you tired so I’m learning from you,” “now you
throw a jab at Gary Brown again! You are going to pay for all of this Todd Bartley,” “go to his house REDACTED [Bartley residence] and have a conversation.” (In the social media and social engineering circles, this element of publicly posting a subject’s address is known as “doxing.” The sender of this message repeats this tactic several times throughout these message
threads where the synthetic identity posts Bartley’s home address enticing the public to respond to Bartley’s home with ill intentions.
b. These messages are repetitive, with the intent to coerce, intimidate and harass Bartley using indecent language and images whereas the venue of these messages are in both Pennsylvania and Frederick County Virginia. However, these messages are the circumstantial building blocks of the criminal investigation which were utilized by the Frederick County Sheriff to establish probable cause and show a pattern of ramping up “the campaign” using their words as posted by the synthetic identity and the connection with the car bombing that occurred in Pennsylvania in August of 2020.
18. The messenger message received by Bartley to his personal profile page June 29, 2022 while Bartley was present in Frederick County Virginia. This thread is as follows: “look at your cameras from today if they work lol between 9pm -11pm I drove,” “I am closer to you than you know lol [cry/laughing emoji] it’s so funny you can’t figure out who I am,” “doubt your cameras work,” “if they did you would of caught the [lit bomb emoji],” “that’s right you got the cameras after the [explosion emoji],” “lol.”
19. The synthetic profile continued to launch the “campaign” against Bartley stating the following: “Todd I’m giving up soon! This is like a movie I want to get caught so I’m gonna give you tips you are smart with trying to be a detective. I gave you enough clues. And I drove by your house and I gave you the timeframe you have to figure this out soon before it’s too late,” “One more clue?” “I was in there at the last board meeting you went too for Williamsport,” “I was there for 15min,” “[alarm clock emoji] tick Tock night,” “saw. (Line 6 of subsection is followed by screenshots of the Horror thriller movie “Saw” [whereas as victim’s are tricked and or abducted and placed in locked rooms with decisions to kill/maim or disfigure themselves or others in order to save their own lives], “you like movies [popcorn emoji], “ha lol [cry laugh emoji] love this movie,” “we can watch it together Todd,” “let’s play a game” (This line of “let’s play a game is what the main character uses to threaten and intimidate the participants in the movie right before the element of death is provided to the participant in the challenge.)
20. Investigator Hazelwood interpreted these various threats as Plaintiff Todd Bartley now being provided the forethought that this could happen to him or his family, whereas Bartley has provided that he is afraid that this synthetic identity is being managed by several people and could follow through with a threat such as this or cause another car bombing at his home.
21. Additional messages were sent to Plaintiff Todd Bartley related to a reporting of a crash that occurred in Pennsylvania that Todd Bartley reported on, the synthetic profile replies to a commenter on his profile “this is what he does he is not a human being we need to get rid of him and his comrades.”
22. Based upon the investigation performed by the Sheriff’s Office of Frederick County, Virgina, it is believed and therefore averred that the synthetic profile was owned by and utilized by Defendant Darrick Dixon.
23. The synthetic profile is owned by a business duly licensed and organized in the Commonwealth of Pennsylvania doing business as “Hoopers Only TV.”
24. At all times relevant hereto, Darrick Dixon was an employee of James Webb, Jr. at his business Webb Weekly.
COUNT I
TORTIOUS INTERFERENCE
WITH A CONTRACTUAL RELATIONSHIP
(Plaintiffs v. All Defendants)
25. Plaintiffs hereby incorporate the preceding paragraphs by reference as if set forth fully herein.
26. The law has long recognized that the wrongful inducing of a breach of contract or the encouragement of one not to enter into a contract or business relationship with another is an actionable tort. The Restatement of Torts, § 766 (1939). The Restatement described this tort as follows: “one who, without a privilege to do so, induces or otherwise purposely causes a third person not to (a) perform a contract with another, or (b) enter into or continue a business relation with another is liable to the other for the harm caused thereby. Id. The courts have identified two separate instances in which there may have been an alleged interference. One with an existing contract right and another in which the interference charged with affecting prospective contractual relations. See Glenn v. Point Park College, 441 Pa. 474, 272 A.2d 895 (1971).
27. In the present case, the Defendants participated in a civil conspiracy to interfere with Plaintiffs’ existing contract with advertisers and with prospective contractual relations as well.
28. Plaintiff believes, and therefore avers, that Defendant Webb and Defendant Dixon approached existing advertisers of Colonial Radio Group, LLC and discouraged them from continuing to advertise with Colonial Radio Group, LLC because Defendant Webb and Defendant Dixon were upset that Plaintiff Bartley (primary shareholder of Plaintiff Colonial Radio Group of Williamsport, LLC) was continuing to report, publish and to pursue his investigation related to the Williamsport High School Baseball Team and the Williamsport Area School District’s handling of the 2018 Myrtle Beach incident.
29. The necessary elements of cause of action for intentional tortious interference with existing contractual relationships are: (1) the existence of a contractual relationship between the complainant and a third party; (2) an intent on the part of the defendant to harm the Plaintiffs by interfering with that contractual relationship; (3) the absence of or justification on the part of the defendant; and (4) the occasioning of actual damages as a result of defendant’s conduct. See Walnut Street Associates v. Brokerage Concepts, Inc., 982 A.2d 94 (Pa.Super. 2009) and Restatement (Second) of Torts, § 766.
30. Defendants intended to harm the Plaintiffs by interfering with the contractual relationship between Plaintiffs and its current advertisers as well as potential advertisers.
31. The Defendants were without any privilege or justification to act as they did.
32. Due to the Defendants’ behavior, Plaintiff Bartley and Colonial Radio Group of Williamsport, LLC has lost reputation in its industry and may continue to lose reputation in its industry. Plaintiffs believe and therefore aver that Plaintiffs have lost business and/or customers as a result of the Defendant’s behavior resulting in pecuniary loss and may lose prospective customers in the future causing additional pecuniary losses.
WHEREFORE, Plaintiffs pray this Honorable Court Orders the following:
a. Award damages in the form of lost earnings for advertisers lost as a result of the actions of Defendants;
b. Award damages in the form of lost earnings for future prospective customers of Plaintiffs that were interfered with as a result of the actions of Defendants;
c. Award punitive damages; and
d. Order Defendants to pay Plaintiffs attorney’s fees and costs; and such other relief that this Honorable Court deems just and appropriate under the circumstances.
COURT II
TORTIOUS INTERFERENCE WITH A
PROSPECTIVE CONTRACTUAL RELATIONSHIP
(Plaintiffs v. All Defendants)
33. Plaintiffs hereby incorporate the preceding paragraphs by reference as if set forth fully herein.
34. In Glenn v. Point Park College, supra, we established that four elements must appear in a complaint in order for the Plaintiffs to state a cause of action for intentional interference with prospective contractual relations:
(1) a prospective contractual relation;
(2) the purpose or intent to harm the Plaintiffs by preventing the relation from occurring;
(3) the absence of privilege or justification on the part of the defendant; and
(4) the occasioning of actual damage resulting from the defendant’s conduct.
35. The Defendants actions as identified above interfered with prospective advertisers of Plaintiff Colonial Radio Group of Williamsport, LLC in that the Defendants approached business owners and discouraged them from purchasing advertising with Plaintiff Colonial Radio Group of Williamsport, LLC because the Defendants were upset over the reporting and investigation being conducted by Plaintiff Todd Bartley related to the Williamsport High School Baseball Team and the Williamsport Area School District’s handling of the 2018 Myrtle Beach incident.
36. Plaintiffs believes, and therefore avers, that potential advertisers were approached and influenced by the Defendants not to advertise with Plaintiff Colonial Radio Group of Williamsport, LLC.
37. Defendants intended to harm the Plaintiffs by interfering with prospective contractual relationships between Plaintiffs and potential advertisers.
38. The Defendants were without any privilege or justification to act as they did.
39. Due to the Defendants’ behavior, Plaintiff Bartley and Colonial Radio Group of Williamsport, LLC has lost reputation in its industry and may continue to lose reputation in its industry. Plaintiffs believe, and therefore aver that Plaintiffs have lost business and/or customers as a result of the Defendants’ behavior resulting in pecuniary loss and may lose prospective advertisers in the future causing additional pecuniary losses.
WHEREFORE, Plaintiffs pray this Honorable Court Orders the following:
a. Award damages in the form of lost earnings for advertisers lost as a result of the actions of Defendants;
b. Award damages in the form of lost earnings for future prospective advertisers of Plaintiffs that were interfered with as a result of the actions of Defendants;
c. Award punitive damages; and
d. Order Defendants to pay Plaintiffs attorney’s fees and costs; and such other relief that this Honorable Court deems just and appropriate under the circumstances.
COUNT III
VICARIOUS LIABILITY
(All Plaintiffs v. James A. Webb, Jr. and Webb Weekly)
40. Plaintiffs hereby incorporate the preceding paragraphs by reference as if set forth fully herein.
41. Darrick Dixon. was an agent, servant or employee of James A. Webb, Jr. and Webb Weekly are vicariously liable for the actions of their agents, servants or employees.
42. Defendant Darrick Dixon was the apparent agent of Defendant James A. Webb, Jr. and Webb Weekly, which through their actions and conduct or failure to act, held out Defendant Darrick Dixon as their agent, servant, or employee.
43. On information and belief, at all times relevant hereto, Defendant Darrick Dixon was acting within the scope of his employment as agent, servant, or employee of Defendant James A. Webb, Jr. and Webb Weekly.
44. Defendant James A. Webb, Jr. and Webb Weekly are vicariously liable for the commissions and omissions of Defendant Darrick Dixon who is an agent, servant, or employee of theirs or who is apparently held out as such.
45. As a direct and proximate result of the actions of Defendant Dixon and James A. Webb, Jr. and/or other agents, servants or employees, Plaintiffs has suffered and will suffer the loss of advertisers and potential advertisers.
WHEREFORE, Plaintiffs pray this Honorable Court Orders the following:
a. Award damages in the form of lost earnings for advertisers lost by Colonial Radio Group of Williamsport, LLC as a result of the actions of Defendants;
b. Award damages in the form of lost earnings for future prospective customers of Plaintiffs that were interfered with as a result of the actions of Defendants;
c. Award punitive damages; and
d. Order Defendants to pay Plaintiffs’ attorney’s fees and costs; and such other relief that this Honorable Court deems just and appropriate under the circumstances.
WHEREFORE, Plaintiffs demand judgment against Defendant in excess of $50,000.00 with costs and interest, including punitive damages.
COUNT IV
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
(All Plaintiffs v. Defendant Darrick Dixon)
46. Plaintiffs incorporates herein by reference the preceding paragraphs of this Complaint the same as if fully set forth hereinafter.
47. Defendant Darrick Dixon by and through his contact with Plaintiffs, as described above, negligently and/or recklessly committed multiple acts of extreme and outrageous conduct which caused severe emotional, psychological, and psychiatric injuries, distress, and harm to Plaintiffs, as set forth above in an extreme, outrageous, and harmful manner.
WHEREFORE, Plaintiffs demands judgment against Defendant Darrick Dixon in a sum in excess of Fifty Thousand ($50,000.00) Dollars, and in excess of the prevailing arbitration limits, in compensatory damages and punitive damages, exclusive of pre-judgment interest, post judgment interests and costs.
COUNT V
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(All Plaintiffs v. Defendant Darrick Dixon)
48. Plaintiffs incorporates herein by reference the preceding paragraphs of this Complaint the same as if fully set forth hereinafter.
49. Defendant Darrick Dixon engaged in the aforementioned conduct, which would constitute violations of Pennsylvania criminal statutes prohibiting Harassment (18 Pa.C.S. § 2709), and/or Disorderly Conduct (18 Pa.C.S. § 5503), and/or Criminal Trespass (18 Pa.C.S. § 3503), and/or Arson (18 Pa.C.S. § 3301), and/or Criminal Mischief (18 Pa.C.S. § 3304).
50. Defendant Darrick Dixon by and through hiscontact with Plaintiffs, as described above, committed intentional and willful misconduct.
51. Defendant Darrick Dixon by and through his contact with Plaintiffs, as described above, acted with actual malice towards Plaintiffs.
52. Defendant Darrick Dixon by and through his contact with Plaintiffs, as described above, intentionally committed multiple acts of extreme and outrageous conduct which caused severe emotional, psychological, and psychiatric injuries, distress, and harm to Plaintiffs, as set forth above, in an extreme, outrageous and harmful manner.
WHEREFORE, Plaintiffs demands judgment against Defendant Darrick Dixon in a sum in excess of Fifty Thousand ($50,000.00) Dollars, and in excess of the prevailing arbitration limits, in compensatory damages and punitive damages, exclusive of pre-judgment interest, post judgment interests and costs.
Respectfully submitted,
STAPP LAW, LLC
Gregory A. Stapp, Esquire
Attorney I.D. #78247
153 W. 4th Street, Suite 6
Williamsport, PA 17701
Tel. (570) 326-1077
Counsel for Plaintiffs
This is a developing story on TalkWilliamsport.com.
