Sidney Daily News - 09/01/2000
Couple ordered to pay for delay in Way case

Attorneys for a couple suing The Way International were ordered to pay $300 to defense attorneys because court papers were filed late, Judge John D. Schmitt ruled in Shelby County Common Pleas Court.

Former employees of The Way, 5555 Wierwille Road, New Knoxville, Mrs. Allen and Mr. Allen claim they suffered humiliation, embarrassment and stress at the hands of The Way officials, and that officials attempted to "coerce" Mrs. Allen into engaging in sexual activity with the Rev. L. Craig Martindale, former president, between 1996 and 1999. The Allens resigned as employees of The Way in 1999.

‘Too severe'

The Way had sought dismissal of the case or sanctions against the Allens, but Schmitt said in his ruling last week that this request was "too severe." However, because defense attorneys filed motions because of late paperwork, Schmitt ordered the plaintiffs to "reimburse" the defense $300 in attorneys' fees.

Martindale is named a defendant in the lawsuit along with the Rev. Rosalie F. Rivenbark. Martindale resigned as The Way president soon after the complaint was filed and was replaced by Rivenbark. Martindale claims he and Mrs. Allen had a consensual affair.

In the motion filed in July, attorneys for The Way claim the plaintiffs' attorneys have not produced any documents requested nor answered some questions properly. Documents sought include employment contracts, any psychological treatment, information about witnesses, responses to some questions and information about an Internet site operated by the Allens known as WayDale.

Effort to answer

Responding to the motion, Cleveland attorney James E. Burns noted his clients answered all but five of the 28 questions posed by The Way. Since the initial responses, the plaintiffs have made an effort to answer the questions more fully. The Way should have other information already available, Burns indicated.

Burns admitted attorneys were late in responding to requests from attorneys for The Way, but any tardiness was not intentional.

The Allens are seeking $2 million on a claim of breach of contract and additional damages on other claims. They also claim The Way officials defrauded them of money, conspired against them and damaged their reputations. They claim damages totaling $56 million. They also claim the "mark and avoid" designation ordered by The Way leaders on former members defamed them. The Way denies this allegation.

Trial in the case has been scheduled to begin Nov. 8.