IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LAURIE SWEIGARD : CIVIL ACTION

:

v. :

:

CHOICE SERVICES INTERNATIONAL, :

et al. : 02-CV-2755

DEFENDANTS' ANSWER WITH AFFIRMATIVE

DEFENSES TO PLAINTIFF'S COMPLAINT

1 - 3. Admitted. 

4 - 6. Denied.

7 - 8. Denied as conclusions of law which require no

response.

9. Denied

JURISDICTION AND VENUE

10 - 11. Denied as conclusions of law which require no

response.

12. Denied. After reasonable investigation

Defendants are without knowledge or information sufficient to form

a belief as to the truth of the averments in the corresponding

paragraph, and therefore those allegations are denied. Strict

proof thereof is demanded at trial.

13. Denied as a conclusion of law which requires no

response.

Case 2:02-cv-02755-JCJ Document 3 Filed 06/04/2002 Page 1 of 12
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FACTS OF THE CASE

14. Admitted.

15 -16. Denied. 

17. Admitted.

18. Admitted.

19. Denied.

THE RACE BASED PROMOTIONS

20. Denied.

21. Admitted.

22 - 25. Denied.

26. Denied as a conclusion of law which requires no

response.

DISPARATE TREATMENT WITH RESPECT TO WAGES

27. Denied.

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RETALIATION FOR OPPOSING DISCRIMINATION

28 - 30. Denied. After reasonable investigation

Defendants are without knowledge or information sufficient to form

a belief as to the truth of the averments in the corresponding

paragraph, and therefore those allegations are denied. Strict

proof thereof is demanded at trial.

30.1. Admitted.

31. Denied. After reasonable investigation

Defendants are without knowledge or information sufficient to form

a belief as to the truth of the averments in the corresponding

paragraph, and therefore those allegations are denied. Strict

proof thereof is demanded at trial.

32. Denied.

33. Denied. After reasonable investigation

Defendants are without knowledge or information sufficient to form

a belief as to the truth of the averments in the corresponding

paragraph, and therefore those allegations are denied. Strict

proof thereof is demanded at trial.

34 - 37. Denied.

38. Denied. After reasonable investigation

Defendants are without knowledge or information sufficient to form

a belief as to the truth of the averments in the corresponding

paragraph, and therefore those allegations are denied. Strict

proof thereof is demanded at trial.

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39 - 40. Denied.

41. Admitted.

42 - 43. Denied.

44. Denied. After reasonable investigation

Defendants are without knowledge or information sufficient to form

a belief as to the truth of the averments in the corresponding

paragraph, and therefore those allegations are denied. Strict

proof thereof is demanded at trial.

45. Denied.

46. Admitted.

47. Denied. After reasonable investigation

Defendants are without knowledge or information sufficient to form

a belief as to the truth of the averments in the corresponding

paragraph, and therefore those allegations are denied. Strict

proof thereof is demanded at trial.

48. Admitted.

COUNT I

(Discrimination in Violation of Title VII, § 1981 and § 1981a)

49. Defendants incorporate herein by reference

paragraphs 1 through 48 above.

50 - 51. Denied as a conclusion of law which requires no

response.

52. Denied. After reasonable investigation

Case 2:02-cv-02755-JCJ Document 3 Filed 06/04/2002 Page 4 of 12
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Defendants are without knowledge or information sufficient to form

a belief as to the truth of the averments in the corresponding

paragraph, and therefore those allegations are denied. Strict

proof thereof is demanded at trial.

53. Denied as a conclusion of law which requires no

response.

54. Denied.

WHEREFORE, Defendants demand judgment in their favor and

against Plaintiff together with all costs of suit including

attorneys' fees.

COUNT II

(Discrimination in Violation of the PHRA)

55. Defendants incorporate herein by reference

paragraphs 1 through 54 above.

56. Denied as a conclusion of law which requires no

response.

57 - 58. Denied.

59. Denied as a conclusion of law which requires no

response.

WHEREFORE, Defendants demand judgment in their favor and

against Plaintiff together with all costs of suit including

attorneys' fees.

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COUNT III

(Unlawful Retaliation)

60. Defendants incorporate herein by reference

paragraphs 1 through 59 above.

61. Denied.

62. Denied as a conclusion of law which requires no

response.

63. Denied as a conclusion of law which requires no

response.

64 - 65. Denied.

66. Denied as a conclusion of law which requires no

response.

67 - 70. Denied.

71. Denied. After reasonable investigation

Defendants are without knowledge or information sufficient to form

a belief as to the truth of the averments in the corresponding

paragraph, and therefore those allegations are denied. Strict

proof thereof is demanded at trial.

72. Denied as a conclusion of law which requires no

response.

WHEREFORE, Defendants demand judgment in their favor and

against Plaintiff together with all costs of suit including

attorneys' fees.

FIRST AFFIRMATIVE DEFENSE

Counts I through III of Plaintiff's Complaint fail to

Case 2:02-cv-02755-JCJ Document 3 Filed 06/04/2002 Page 6 of 12
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state claims upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE

Plaintiff has failed to allege a prima facie claim of

discrimination or retaliation.

THIRD AFFIRMATIVE DEFENSE

Plaintiff's Complaint fails to state a claim upon which

punitive damages can be granted.

FOURTH AFFIRMATIVE DEFENSE

Plaintiff failed to mitigate her purported damages, which

damages Defendants explicitly deny.

FIFTH AFFIRMATIVE DEFENSE

Plaintiff has not sustained any recoverable damages,

because no conduct of Defendants caused Plaintiff to sustain any

damages or loss.

SIXTH AFFIRMATIVE DEFENSE

Plaintiff may not recover for compensatory or punitive

damages under the provisions of Title VII of the Civil Rights Act

of 1964 as enacted at the time of the purported incidents about

which Plaintiff complains in her Complaint.

SEVENTH AFFIRMATIVE DEFENSE

Plaintiff's Complaint is barred in whole or in part by

the applicable statutes of limitations.

EIGHTH AFFIRMATIVE DEFENSE

In the event that the provisions of the Civil Rights Act

Case 2:02-cv-02755-JCJ Document 3 Filed 06/04/2002 Page 7 of 12
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of 1991 are found applicable to this proceeding, Plaintiff's claims

for compensatory and punitive damages are subject to the

limitations set forth at 42 U.S.C. §1981a.

NINTH AFFIRMATIVE DEFENSE

Plaintiff's Complaint is barred by reason of her failure

to engage in good faith in the conciliation process mandated by the

provisions of 42 U.S.C. §2000e-5.

TENTH AFFIRMATIVE DEFENSE

This action is barred with respect to any claim which was

not made part of a charge timely filed with the Equal Employment

Opportunity Commission and/or Pennsylvania Human Relations

Commission.

ELEVENTH AFFIRMATIVE DEFENSE

Defendants deny that any conduct occurred which was in

violation of Title VII of the Pennsylvania Human Relations Act, but

if such a violation did occur, which Defendants explicitly deny,

then such a violation occurred outside Plaintiff's scope of

employment and without Defendants' actual or constructive

knowledge.

TWELFTH AFFIRMATIVE DEFENSE

This action is barred with respect to any purported

conduct occurring more than 300 days prior to the filing of

Plaintiff's charges of discrimination with the EEOC, and barred

with respect to any purported conduct occurring more than 180 days

Case 2:02-cv-02755-JCJ Document 3 Filed 06/04/2002 Page 8 of 12
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prior to the filing of Plaintiff's charges of discrimination with

the Pennsylvania Human Relations Commission, which conduct

Defendants explicitly deny.

THIRTEENTH AFFIRMATIVE DEFENSE

Plaintiff's claims are barred in whole or in part by the

Pennsylvania Comparative Negligence Act.

FOURTEENTH AFFIRMATIVE DEFENSE

At all material times hereto, Defendants acted in a

proper, lawful and reasonable manner and with due care and in good

faith.

FIFTEENTH AFFIRMATIVE DEFENSE

No acts or omissions on Defendants' part (which conduct,

as alleged by Plaintiff, is explicitly denied) could be considered

as outrageous, wanton or malicious; accordingly, Plaintiff's

request for punitive damages has no place under the law of the

United States of America or the law of the Commonwealth of

Pennsylvania.

SIXTEENTH AFFIRMATIVE DEFENSE

Some or all of Plaintiff's claims are barred by the

applicable provisions of the Pennsylvania Workers' Compensation

Act.

SEVENTEENTH AFFIRMATIVE DEFENSE

Defendants performed each and every duty allegedly owed

to Plaintiff and breached no duty allegedly owed to Plaintiff.

Case 2:02-cv-02755-JCJ Document 3 Filed 06/04/2002 Page 9 of 12
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EIGHTEENTH AFFIRMATIVE DEFENSE

Plaintiff's Complaint fails to state a claim or cause of

action upon which relief can be granted for mental anguish or

emotional distress, which purported harm Defendants explicitly

deny, because, inter alia, it fails to allege that Plaintiff

suffered any physical manifestation of the alleged distress or

required any medical psychiatric or psychological treatment.

NINETEENTH AFFIRMATIVE DEFENSE

Defendants acted at all times reasonably and prudently,

consistent with any and all duties or obligations imposed upon them

by law or otherwise.

TWENTIETH AFFIRMATIVE DEFENSE

At no time did Defendants violate any provisions of the

civil rights laws of the United States of America. On the

contrary, at all times material hereto, Defendants consciously and

effectively complied with the rules and regulations of all statues

relating to the civil rights laws of the United States of America.

TWENTY-FIRST AFFIRMATIVE DEFENSE

At all times material hereto, Defendants acted with good

faith and with fair dealing.

TWENTY-SECOND AFFIRMATIVE DEFENSE

Defendants reserve the right to raise other defenses as

continuing investigation and discovery may reveal.

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COUNTERCLAIM

1. Defendants incorporate herein by reference the

averments stated in their Answer and Affirmative Defenses to

Plaintiff's Complaint.

2. Plaintiff's Complaint was brought in bad faith,

because the allegations therein of misconduct by Defendants were

untrue and known by Plaintiff to be untrue when they were made.

3. Therefore, pursuant to 43 P.S. §959(f.2), Defendants

are entitled to attorney fees and costs.

WHEREFORE, Defendants demand judgment in their favor and

against Plaintiff, together with all costs of suit including

attorneys' fees.

MARGOLIS EDELSTEIN

BY: ______________________________

PETER D. BLUDMAN, ESQUIRE

Attorney I.D. No. 43508

Attorney for Defendants

4

th Floor, The Curtis Center

Independence Square West

Philadelphia, PA 19106

(215) 931-5879

DATED: ______________

M:\MDir\41282\0005\Answer.02

Case 2:02-cv-02755-JCJ Document 3 Filed 06/04/2002 Page 11 of 12
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LAURIE SWEIGARD : CIVIL ACTION

:

v. :

:

CHOICE SERVICES INTERNATIONAL, :

et al. : 02-CV-2755

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct

copy of Defendants' Answer to Plaintiff's Complaint with

Affirmative Defenses in the above captioned matter, was served on

all counsel listed below via United States First Class Mail,

postage prepaid, on the date shown below.

Joseph A. Hirsch, Esquire

HIRSCH & HIRSCH

110 Bala Avenue, Third Floor

Bala Cynwyd, PA 19004

MARGOLIS EDELSTEIN

BY: _______________________________

PETER D. BLUDMAN, ESQUIRE

Attorney for Defendants

DATED:___________________

M:\MDir\41282\0005\Answer.02

Case 2:02-cv-02755-JCJ Document 3 Filed 06/04/2002 Page 12 of 12