BER-L-005502-20 09/21/2020 3:02:00 PM Pg 1 of 9 Trans ID: LCV20201663145

Counsel Associates, Cont’d

JOEL N. WERBEL> CHRISTIAN R. BAILLIE+ ALLISON M. KOENKE>
JOHN METHFESSEL, JR.> SARAH K. DELAHANT+ OLIVIA R. LICATA+
FREDRIC PAUL GALLIN*+^ SHAJI M. EAPEN+ ASHLEY E. MALANDRE^
METHFESSEL & WERBEL STEPHEN R. KATZMAN#
WILLIAM S. BLOOM>*
JAMES FOXEN^
GERALD KAPLAN>
ANTHONY J. MANCUSO>
JAMES V. MAZEWSKI+
A Professional Corporation ERIC L. HARRISON*+ JARED P. KINGSLEY*+ CHRISTEN E. MCCULLOUGH^
MATTHEW A. WERBEL> JOHN R. KNODEL*+ DIAA J. MUSLEH+
LORI BROWN STERNBACK*+ LESLIE A. KOCH+ KAJAL J. PATEL>
I. BLAKELEY JOHNSTONE,III+* CHARLES T. MCCOOK, JR.*> NABILA SAEED^
GINA M. STANZIALE> MARC G. MUCCIOLO> SARAH E. SHEPP+
PAUL J. ENDLER JR.> RICHARD A. NELKE~ TIFFANY D. TAGARELLI>
STEVEN K. PARNESS+ STEVEN A. UNTERBURGER+
Of Counsel RAINA M. PITTS^ LEVI E. UPDYKE+^
MARC DEMBLING*+ BRENT R. POHLMAN+
ED THORNTON> AMANDA J. SAWYER^ * Certified by the Supreme Court of
JARED S. SCHURE> New Jersey as a Civil Trial Attorney
Retired SHIFRA TARICA+ +Member of NY & NJ Bar
JOHN METHFESSEL, SR.> ^ Member of PA & NJ Bar
(1935-2017) >Member of NJ Bar only
DON CROWLEY*+ Associates #Member of NJ & LA. Bar
EDWARD D. DEMBLING> <Member of NJ & DC Bar
JASON D. DOMINGUEZ+ >Member of NJ, PA & DC Bar
NATALIE DONIS+ ~Member of NY, NJ & DC Bar
September 21, 2020 MICHAEL R. EATROFF>
DAVID INCLE, JR.> Please reply to New Jersey
FRANK J. KEENAN+^
SCOTT KETTERER>

VIA ECOURTS FILING

Clerk, Bergen County Superior Court
10 Main Street
Hackensack, NJ 07601

RE: SCARPA, JOSEPH VS. LINDA BONIFACE, ET AL.

Our File No. : 89591 BRP
Docket No. : BER-L-

Dear Sir/Madam:

Enclosed please find the following documents:

Complaint
Designation of Trial Counsel

Very truly yours,

METHFESSEL & WERBEL, ESQS.

Brent R. Pohlman
[email protected]
Ext. 182
BRP:alw/Encl.

2025 Lincoln Highway  Suite 200  P.O. Box 3012  Edison, NJ 08818  (732) 248-4200  FAX (732) 248-2355
112 West 34th Street  17th Floor  New York, NY 10120  (212) 947-1999  FAX (212) 947-3332
1500 Market Street  12th Floor, East Tower  Philadelphia, PA 19102  (215) 665-5622  FAX (215) 665-5623
www.njinslaw.com
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Brent R. Pohlman - ID #046612005

METHFESSEL & WERBEL, ESQS.
2025 Lincoln Highway, Suite 200
PO Box 3012
Edison, New Jersey 08818
(732) 248-4200
1(732) 248-2355
[email protected]
Attorneys for Joseph Scarpa
Our File No. 89591 BRP
SUPERIOR COURT OF NEW JERSEY
JOSEPH SCARPA, LAW DIVISION:BERGEN
DOCKET NO.: BER-L-
Plaintiff

V. Civil Action

LINDA BONIFACE, MARC VOJNICH

AND JOHN DOES 1 -10
COMPLAINT
Defendants.

Plaintiff Joseph Scarpa, by his undersigned counsel, brings this civil action for monetary
and injunctive relief against Defendants Linda Boniface and Marc Vojnich for injuries
caused by Defendants’ false, harassing, harmful, and intentional statements.

1) Plaintiff, Joseph Scarpa (hereinafter referred to as “Plaintiff” or “Scarpa”) has been a

resident of the Township of Rochelle Park, New Jersey since 1971.

2) Plaintiff has resided at 28 East Forrest Place since 1999.

3) Defendant Marc Vojnich (“Vojnich”) is a resident of Rochelle Park and resides at 22

Parkway, Rochelle Park, New Jersey 07662.

4) Defendant Linda Boniface (“Boniface”) is a resident of Rochelle Park and resides at 33

Parkway, Rochelle Park, New Jersey 07662.

5) John Does 1-10 are unknown co-conspirators who engaged in the acts alleged herein.
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JURISDICTION AND VENUE

6) At all times relevant here to all Parties were residents of the State of New Jersey, County
of Bergen. All claims asserted herein arises under the laws of the State of New Jersey.
Accordingly the Superior Court of the State of New Jersey, Bergen County Vicinage is the
appropriate venue.
FACTS COMMON TO ALL COUNTS

7) Plaintiff has been employed as the Borough Administrator in the Borough of Bogota since
1997-2000 and then from 2015-present.

8) Bogota is a municipality located in the State of New Jersey, County of Bergen and is
governed under the Borough form of government.

9) Under the Borough form of government the Borough Administrator is an appointed

employee of the Borough.

10) In Bogota the Borough Administrator is not an elected official.

11) On or about September 3, 2019 the Defendants sent a correspondence to the Mayor and
Council of the Borough of Bogota which called into question Plaintiff’s mental state and
his ability to fulfill his job duties and responsibilities as the Borough’s Administrator.

12) The Defendants sent this correspondence to the Mayor and Council with the intent,
purpose, and goal to defame and libel Plaintiff.

13) The Defendants sent the September 3, 2019 correspondence to the Mayor and Council of
Bogota with the intent, purpose, and goal of interfering with Plaintiff’s employment and
causing him personal, professional, and economic hardship.

14) Thereafter, on or about August 5, 2020 the Defendants drafted and caused to be transmitted
and delivered an e-mail to the Mayor and Council of Bogota which again called into
question the mental health status of Plaintiff and claimed that Plaintiff needed to undergo
a mental health evaluation.

15) The Defendants sent this correspondence to the Mayor with the intent, purpose, and goal
to defame and libel Plaintiff and interfere with his employment relationship.

16) The Defendants sent the August 5, 2020 correspondence to the Mayor and Council with
the intent, purpose, and goal of interfering with Plaintiff’s employment and causing him
personal, professional, and economic hardship and injury.

17) The defamatory and libelous statements made by Defendants about Plaintiff to Plaintiff’s
employer were undertaken with a malicious intent aimed at bringing Plaintiff’s mental
health into question and damaging his name, credibility and reputation, and causing
financial harm.
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18) The Defendants’ ultimate goal was to cause Plaintiff economic harm and public ridicule.

COUNT I

PRIVATE DEFAMATION

19) The Plaintiff repeats and reiterates each and every allegations set forth in paragraphs 1-18
as if more fully set forth herein at length.

20) The Defendants made false defamatory statements of fact regarding Plaintiff’s mental
health to his employer.

21) The Defendants knew that the defamatory statements were false and/or demonstrated
reckless disregard for the truth at the time the statements were made and/or the
Defendants acted negligently in failing to ascertain the falsity of the statement before
communicating it.

22) Despite knowing that the statements were false the Defendants communicated the
statements to at least one other person.

WHEREFORE, Plaintiffs seek judgment against Defendants

a. Ordering Defendants to pay damages for their tortious actions and the harm they
have caused; and

b. Ordering the Defendants to retract the defamatory statements; and

c. Awarding Plaintiff his reasonable attorneys’ fees and costs; and

d. Granting Plaintiff such other relief as the Court shall deem equitable and just.

COUNT II

PUBLIC DEFAMATION

23) The Plaintiff repeats and reiterates each and every allegations set forth in paragraphs 1-22
as if more fully set forth herein at length.

24) The Defendants made false defamatory statements of fact regarding Plaintiff’s mental
health to his employer.

25) The Defendants knew that the defamatory statements were false and/or demonstrated
reckless disregard for the truth at the time the statements were made.
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26) Despite knowing that the statements were false the Defendants communicated the
statements to at least one other person.

27) WHEREFORE, Plaintiffs seek judgment against Defendants

a. Ordering Defendants to pay damages for their tortious actions and the harm they
have caused; and

b. Ordering the Defendants to retract the defamatory statements; and

c. Awarding Plaintiff his reasonable attorneys’ fees and costs; and

d. Granting Plaintiff such other relief as the Court shall deem equitable and just.

COUNT III

LIBEL

28) The Plaintiff repeats and reiterates each and every allegations set forth in paragraphs 1-27
as if more fully set forth herein at length.

29) The Defendants made false statements of fact regarding Plaintiff’s mental health to his
employer.

30) The Defendants knew that the statements were false at the time the statements were
made.

31) Despite knowing that the statements were false the Defendants communicated the
statements to at least one other person.

32) Plaintiff suffered harm as a result of the Defendants false statements.

33) WHEREFORE, Plaintiffs seek judgment against Defendants

a. Ordering Defendants to pay damages for their tortious actions and the harm they
have caused; and

b. Ordering the Defendants to retract the defamatory statements; and

c. Awarding Plaintiff his reasonable attorneys’ fees and costs; and

d. Granting Plaintiff such other relief as the Court shall deem equitable and just.
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COUNT IV

CIVIL CONSPIRACY

34) The Plaintiff repeats and reiterates each and every allegations set forth in paragraphs 1-33
as if more fully set forth herein at length.

35) The Defendants acted in concert to commit the unlawful act of defaming Plaintiff.

36) The Defendants discussed, deliberated and agreed to act together to inflict a wrong upon
and injure Plaintiff.

37) Plaintiff did in fact suffer an injury and damage.

WHEREFORE, Plaintiffs seek judgment against Defendants

a. Ordering Defendants to pay damages for their tortious actions and the
harm they have caused; and

b. Ordering the Defendants to retract the false statements; and

c. Awarding Plaintiff his reasonable attorneys’ fees and costs; and

d. Granting Plaintiff such other relief as the Court shall deem equitable and
just.

METHFESSEL & WERBEL, ESQS.

Attorneys for Joseph Scarpa

By:________________________________
Brent R. Pohlman
DATED: September 21, 2020
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DEMAND FOR INSURANCE COVERAGE

Pursuant to R 4:10-2(b) demand is hereby made that you disclose to the undersigned

whether there are any insurance agreements or policies under which any person or firm

carrying on an insurance business may be liable to satisfy part or all of a judgment which

may be entered in this action or to indemnify or reimburse for payments made to satisfy

the judgment.

METHFESSEL & WERBEL, ESQS.

Attorneys for Joseph Scarpa

By:________________________________
DATED: September 21, 2020 Brent R. Pohlman
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CERTIFICATION OF NO OTHER ACTIONS

I hereby certify that the matter in controversy in the within action is not the subject

of any other action pending in any court or of any pending arbitration proceeding, and that

no other action or arbitration proceeding is contemplated. I further certify that there is no

other party who should be joined in this action.

I further certify that confidential personal identifiers have been redacted from

documents now submitted to the court, and will be redacted from all documents submitted

in the future in accordance with Rule 1:38-7(b).

METHFESSEL & WERBEL, ESQS.

Attorneys for Joseph Scarpa

By:________________________________
DATED: September 21, 2020 Brent R. Pohlman
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JURY DEMAND

The Plaintiff, Joseph Scarpa, hereby demands trial by a jury as to all issues.

METHFESSEL & WERBEL, ESQS.

Attorneys for Plaintiff

By:________________________________
DATED: September 21, 2020 Brent R. Pohlman

DESIGNATION OF TRIAL COUNSEL

Pursuant to the provision of Rule 4:25-4, the Court is advised that Brent R.
Pohlman, Esq. is hereby designated as trial counsel.

METHFESSEL & WERBEL, ESQS.

Attorneys for Joseph Scarpa

By:________________________________
DATED: September 21, 2020 Brent R. Pohlman
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Civil Case Information Statement

Case Details: BERGEN | Civil Part Docket# L-005502-20

Case Caption: SCARPA JOSEPH VS BONIFACE LINDA Case Type: DEFAMATION

Case Initiation Date: 09/21/2020 Document Type: Complaint with Jury Demand
Attorney Name: BRENT ROBERT POHLMAN Jury Demand: YES - 6 JURORS
Firm Name: METHFESSEL & WERBEL Is this a professional malpractice case? NO
Address: 2025 LINCOLN HIGHWAY STE 200 PO BOX 3012 Related cases pending: NO
EDISON NJ 08818 If yes, list docket numbers:
Phone: 7322484200 Do you anticipate adding any parties (arising out of same
Name of Party: PLAINTIFF : Scarpa, Joseph transaction or occurrence)? NO
Name of Defendant’s Primary Insurance Company
(if known): Unknown Are sexual abuse claims alleged by: Joseph Scarpa? NO

THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE

CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION

Do parties have a current, past, or recurrent relationship? NO

If yes, is that relationship:
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

If yes, please identify the requested accommodation:

Will an interpreter be needed? NO

If yes, for what language:

Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO

I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)

09/21/2020 /s/ BRENT ROBERT POHLMAN

Dated Signed