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IN THE UNITED STATES DISTRICT COURT FOR

THE EASTERN DISTRICT OF PENNSYLVANIA

DOLORES (DEE) BARRETT, : CIVIL ACTION NO.

: 02-cv-4421

Plaintiff, :

:

v. :

:

THE GREATER HATBORO CHAMBER :

OF COMMERCE, INC., JOHN J. (BUD) :

AIKEN, and MICKEY GLANTZ, :

:

Defendants. : JURY TRIAL DEMANDED

DEFENDANTS, GREATER HATBORO CHAMBER OF COMMERCE, INC.,

JOHN J. (BUD) AIKEN, AND MICKEY GLANTZ’S ANSWER 

AND AFFIRMATIVE DEFENSES TO COMPLAINT

Defendants, Greater Hatboro Chamber of Commerce, Inc., John J. (Bud) Aiken,

and Mickey Glantz, hereby answer the Civil Action Complaint filed by Plaintiff, Dolores

(Dee) Barrett, as follows:

JURISDICTION

Admitted in part, denied in part. Defendants admit that Plaintiff purports to 

initiate this action under Article I §28 of the Pennsylvania Constitution and under the

common law. Defendants deny that Plaintiff has stated a claim or is entitled to any relief

under Article I §28 of Pennsylvania Constitution or under the common law. By way of

further answer, Defendants admit that Plaintiff purports to invoke the diversity

jurisdiction of this Court pursuant to 28 U.S.C. §1332.

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PARTIES

1. Denied.

2. Admitted.

3. Admitted.

4. Admitted.

FACTUAL STATEMENT

5. Denied.

6. Denied.

7. Denied.

8. Denied.

9. Denied.

10. Denied.

11. Denied.

12. Denied.

13. Denied.

14. Denied.

15. Denied.

16. Denied.

17. Denied.

18. Denied.

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19. Denied.

20. Denied.

21. Denied.

22. Denied.

23. Denied.

24. Denied.

25. Denied.

26. Denied.

27. Denied.

28. Denied.

29. Denied.

30. Denied.

31. Denied.

COUNT I

32. Denied.

33. Denied.

34. Denied.

35. Denied.

36. Denied.

37. Denied.

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38. Denied.

39. Denied.

WHEREFORE, Defendants deny that Plaintiff is entitled to any relief and 

demand judgment in their favor against the Plaintiff and an award of attorney’s fees.

COUNT III

46. Denied.

47. Denied.

48. Denied.

49. Denied.

WHEREFORE, Defendants deny that Plaintiff is entitled to any relief and

demand judgment in their favor and against the Plaintiff and an award of attorney’s fees.

AFFIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT

FIRST AFFIRMATIVE DEFENSE

Plaintiff’s Complaint fails to state any claims upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE

The rights of action alleged in Plaintiff’s Complaint are barred in whole or in part

to the extent that they do not satisfy the applicable statutes of limitation.

THIRD AFFIRMATIVE DEFENSE

Plaintiff’s claim is barred to the extent of her interim earnings or compensation or

amounts earned by her through reasonable diligence.

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FOURTH AFFIRMATIVE DEFENSE

Plaintiff’s Complaint fails to state a claim upon which compensatory damages can

be awarded.

FIFTH AFFIRMATIVE DEFENSE

Plaintiff’s Complaint fails to state a claim upon which declaratory relief can be

awarded.

SIXTH AFFIRMATIVE DEFENSE

Plaintiff’s Complaint fails to state a claim upon which injunctive relief can be

awarded.

SEVENTH AFFIRMATIVE DEFENSE

Plaintiff’s Complaint fails to state a claim upon which punitive damages can be

awarded. 

EIGHTH AFFIRMATIVE DEFENSE

Plaintiff’s claim for punitive damages is barred to the extent that an award of such

damages would violate any of the provisions of the Constitution of the United States, or

any of the provisions of the Constitution, or any other law.

NINTH AFFIRMATIVE DEFENSE

Plaintiff’s claim for punitive damages is barred because the actions allegedly taken

by the Defendants were not outrageous, willful, wanton, or reckless.

TENTH AFFIRMATIVE DEFENSE

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Plaintiff’s Complaint, and each claim contained therein, is barred in that the 

Defendants acted in good faith on an honest belief that employment decisions about

which Plaintiff complains were justified by legitimate, non-discriminatory business

reasons.

ELEVENTH AFFIRMATIVE DEFENSE

Plaintiff’s Complaint, and each claim contained therein, is barred in that any and

all conduct by Defendants about which Plaintiff complains, was a just and proper exercise

of management discretion and was justified by legitimate business purpose or necessity

and acted in good faith under the circumstances then existing and carried out in a

reasonable manner.

TWELFTH AFFIRMATIVE DEFENSE

Defendants’ decisions were based on non-discriminatory business reasons

unrelated to Plaintiff’s alleged opposition to sexual harassment in the workplace or any

alleged discriminatory or retaliatory motive.

THIRTEENTH AFFIRMATIVE DEFENSE

Plaintiff failed to follow the complaint procedure as established in Defendant’s

anti-discrimination/harassment policy.

FOURTEENTH AFFIRMATIVE DEFENSE

If Plaintiff suffered any injury or damages alleged, to be alleged or otherwise, then

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said injury and/or damage was proximately caused or contributed to by Plaintiff’s own 

conduct.

FIFTEENTH AFFIRMATIVE DEFENSE

Plaintiff’s claims are barred in whole or in part by the doctrines of waiver,

estoppel, and laches.

SIXTEENTH AFFIRMATIVE DEFENSE

Defendants intend to rely on or assert such other defenses that may become

available or apparent during the course of discovery in this case, and Defendants

expressly reserve the right to amend this Answer to assert any and all such defenses.

WHEREFORE, the Defendants respectfully request that this Court dismiss 

Plaintiff’s Complaint, enter a judgment in their favor and against Plaintiff, and award

Defendants their costs, including attorney’s fees, incurred in this action.

SIDNEY L. GOLD & ASSOCIATES, P.C.

By:___________________________

 SIDNEY L. GOLD, ESQUIRE

 I.D. No.: 21374

TRACI M. GREENBERG, ESQUIRE

I.D. No.: 86396

515 Eleven Penn Center

 1835 Market Street

 Philadelphia, PA 19103

 (215) 569-1999

 Attorneys for Defendants

 

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