Sidney Daily News 08/23/00
Plaintiffs file response to motion by The Way

A couple suing The Way International for breach of contract and other claims have filed a response in Shelby County Common Pleas Court to a motion seeking dismissal of the case.

Attorneys representing Mrs. Allen and Mr. Allen admitted they were late in responding to requests from attorneys for The Way, but any tardiness was not intentional.

Former employees of The Way, 5555 Wierwille Road, New Knoxville, the Allens 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 from The Way in 1999.

Consensual affair

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 their counterparts have not produced any documents requested nor answered some questions properly. Documents sought include a contract between the Allens and The Way when they were employed there, information related to any psychological treatment the Allens may have received, information about plaintiffs' witnesses, responses to questions that were answered improperly, and information about an Internet site operated by the Allens known as WayDale. Because of these omissions and delays in meeting deadlines, the lawsuit should be dismissed, defense attorneys claim.

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. On the question about medical information, the Allens directed The Way to review its own records since they were employees of The Way for many years.

Unaware of orders

The plaintiffs' attorneys were unaware of any court orders to provide addresses for their witnesses, Burns said. As for information about WayDale, he claimed The Way has "carefully monitored and mined" information posted on the Web site.

Burns noted his clients would be willing to extend research time if defense attorneys believe their case has been harmed by delays.

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.

On their Web site, the Allens indicated they would not comment on the case except during a trial. The site offers "insider" information about The Way operations that the Allens say is provided by current and former members. Information and comments about the lawsuit are posted there. The online address is waydale.com.

Trial in the case has been scheduled for Nov. 8.