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HomeMy WebLinkAbout14-0306 Supreme Coa�>�i Pennsylvania zwr Courf Commo>� Teas For Prothonotary Use only: C) 11l " 0 t Docket No: a Cu r'land County��� 3 U tD The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the fil and service ofpleading or other papers as required by law or rules of court. Commencement of Action: S Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Shawn D. Oxenrider Human Achievement Program, Inc. ' Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Yes No (check one) Ox outside arbitration limits 0 N Is this a Class Action Suit? Yes No Is this an MDJAppeal? Yes El No Name of Plaintiff /Appellant's Attorney: Larry A. Weisberg, PA ID 83410 Check here if you have no attorney (are a Self - Represented [Pro Se[ Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional 0 Buyer Plaintiff Administrative Agencies ® Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include 0 Employment Dispute: mass fort) 0 Slander /Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other 0 Zoning Board PA Whistleblower Act T Wrongful Termination 0 Other: I 0 Other: o MASS TORT 0 Asbestos N ' 0 Tobacco 0 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. � j 1 ,; s `s 2041 Herr Street it Harrisburg, PA 17103 -1624 E' ` (717) 238 -5707 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHAWN D. OXENRIDER Plaintiff NO. V. CIVIL ACTION - LAW HUMAN ACHIEVEMENT PROGRAM, INC.: JURY TRIAL DEMANDED Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street Carlisle, Pennsylvania 17013 — duf ( 717) 249 -3166 s w 7 3, / a.3 �` 3 ab 3 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238 -5707 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street Carlisle, Pennsylvania 17013 ( 717) 249 -3166 2 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238 -5707 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHAWN D. OXENRIDER Plaintiff NO. N 36 6 V. CIVIL ACTION - LAW HUMAN ACHIEVEMENT PROGRAM, INC.: JURY TRIAL DEMANDED Defendant COMPLAINT The Plaintiff, Shawn D. Oxenrider ( "Oxenrider "), by and through his counsel, McCarthy Weisberg Cummings, P.C., files this action for unlawful retaliation and wrongful termination in violation of the Pennsylvania Whistleblower Law, 43 P.S. §§ 1421 et seq and wrongful termination in violation of public policy against the Defendant Human Achievement Program, Inc. ( "H.A.P. "). In support of this action, the Plaintiff would show the Court the following: 1. Plaintiff Oxenrider is an adult individual residing at 16 Hollar Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant H.A.P. is a Pennsylvania corporation with a registered office address of 18 West Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 3 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238 -5707 3. H.A.P. provides comprehensive community residential services to individuals who have a primary diagnosis of mental retardation. 4. H.A.P. receives funding from the Commonwealth of Pennsylvania as a result of receiving payments for providing residential services to individuals who have a primary diagnosis of mental retardation. 5. H.A.P. is a "Public body" as defined in Pennsylvania Whistleblower Law, 43 P.S. §§ 1421 et seg ., since it "is funded in any amount by or through Commonwealth or political subdivision authority or a member or employee of that body." 43 P.S. § 1422. 6. Oxenrider was employed as a Direct Support Professional ( "DSP ") for H.A.P. from November 2008 until his termination on or about October 8, 2013. 7. As a DSP, Oxenrider was responsible for providing care for individuals receiving residential services from H.A.P. 8. At the time of his termination, Oxenrider was assigned to provide care to individuals residing at a residential facility located at 1975 Dawn Street, Enola, Cumberland County, Pennsylvania. 9. At all times material and relevant to this Complaint, Oxenrider was an "Employee" as defined in the Pennsylvania Whistleblower Law since he was a "person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, for a public body." 43 P.S. § 1422. 4 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238 -5707 10. In 2012, Oxenrider met with H.A.P.'s management to raise his concerns about H.A.P.'s failure to follow regulations regarding administration of medication for residents. For instance, Oxenrider complained that he had been forced to sign that he had completed an annual Medications Administration Course Practicum required by 55 Pa. Code § 6400.1, when in fact he had not. 11. Despite Oxenrider's complaints to H.A.P.'s management, H.A.P. continued to neglect various regulations regarding medication administration. Oxenrider continued to raise his concerns and objections to H.A.P.'s management. 12. Oxenrider worked his normal shift for H.A.P. at the Enola residential facility from September 25, 2013 through September 28, 2013. 13. On or about September 26, 2013, Oxenrider once again complained to H.A.P.'s management regarding improper documentation of medication administration to residents. Oxenrider complained about being forced to sign that he had completed the annual Practicum. Oxenrider also refused to sign medication administration records which had been improperly doctored by H.A.P.'s management in violation of 55 Pa. Code § 6400.164, relating to medication logs. 14. When Oxenrider's shift ended on September 28, 2013, Oxenrider was relieved for the weekend by fellow DSP, Damita Bullock, whose shift was from Saturday September 28 until Monday September 30, 2013. During Ms. Bullock's shift, none of the residents made any complaints about Oxenrider. Ms. Bullock was relieved on Monday September 30, 2013 by DSP Diane Smith. 5 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238 -5707 15. On or about September 30, 2013, while Oxenrider was between shifts, Oxenrider was contacted by H.A.P. and advised that he had allegedly been accused of physically abusing a resident. Oxenrider was later told that one of the residents allegedly reported to Ms. Smith on Monday morning September 30, 2013, that Oxenrider had abused another one of the residents on his prior shift. Oxenrider, in fact, had not abused any residents. 16. On or about Monday September 30, 2013, Oxenrider was told he would be suspended by H.A.P. during the investigation of the alleged abuse. 17. On or about Monday September 30, 2013, Oxenrider was interviewed regarding the alleged abuse; however, H.A.P. provided Oxenrider no details about when or where the alleged abuse took place. Oxenrider advised H.A.P. that nothing unusual had occurred during his most recent shift and that he had not abused any residents. When pressed to describe anything remotely irregular that occurred during his most recent shift, Oxenrider advised that one of the residents had allegedly pinched another one of the residents. 18. On or about October 8, 2013, Oxenrider was terminated by H.A.P. The stated reason given by H.A.P. was that Oxenrider had abused a resident. Interestingly, after Oxenrider provided H.A.P. with knowledge that one of the residents was alleged to have pinched another resident, the alleged abuse incident was crystallized by H.A.P. to have occurred after Oxenrider was advised that one of the residents had allegedly pinched another resident and that Oxenrider then 6 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238 -5707 allegedly spanked the resident who had done the pinching. Of further interest is that none of the residents who allegedly witnessed or incurred the abuse reported the abuse to Ms. Bullock, who was their sole caretaker for the weekend of September 28 through 30, 2013, immediately following Oxenrider's shift. 19. Other employees of H.A.P. who had previously been accused of similar instances of abuse as Oxenrider, or who had committed other serious offenses, were not terminated. 20. Oxenrider was discharged from H.A.P. because he made several good faith complaint to H.A.P.'s management about the company's failure to properly follow regulations and because Oxenrider refused to sign falsified medication logs. Oxenrider's most recent complaint was only two days prior to his suspension and subsequent termination just over one week later. 21. Oxenrider was not discharged by H.A.P. for any other reason, insofar as the reason offered by H.A.P. for Oxenrider's termination was clearly manufactured and unsubstantiated and other similarly situated employees had not been terminated in the past. 22. As a result of Oxenrider's termination, he has suffered prolonged periods of physical and emotional harm, including stress and anxiety, embarrassment, humiliation, mental anguish and loss of self- esteem, as well as economic loss and damage to his reputation. 7 Plaintiff sberg Cummings, P.C. -et 17103 -1624 7 Count I Violations of the Pennsylvania Whistleblower Law 23. Plaintiff Qxenrider incorporates all prior paragraphs as if include 24. The action taken against Oxenrider by H.A.P. violates the Penn= blower Law. 25. The Pennsylvania Whistleblower Law states in relevant part th •er may discharge, threaten or otherwise discriminate or retaliate ag= •ee . . . because the employee . . . makes a good faith report or is verbally or in writing, to the employer or appropriate authority an inst ioing or waste." 43 P.S. §§ 1423(a). 26. A "Wrongdoing" as defined in the Pennsylvania Whistleblow= s "a violation which is not merely technical or minimal in nature of a Fe. -tatute or regulation, of a political subdivision ordinance or regulation Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238 -5707 28. As previously stated herein, Oxenrider was an "Employee" as defined by Section 1422 of the Pennsylvania Whistleblower Law, and is therefore protected from being discharged by H.A.P. as a result of making a good faith report about this wrongdoing. 29. Oxenrider has been injured and sustained loss as a result of being retaliated against and wrongfully discharge by H.A.P. in violation of the Pennsylvania Whistleblower Law. 30. Oxenrider is entitled to the statutory remedies set forth in Section 1424 of the Pennsylvania Whistleblower Law. WHEREFORE, Plaintiff Shawn D. Oxenrider respectfully requests the following relief: a. Judgment against Defendant Human Achievement Program, Inc. for payment of back wages, lost future wages, fringe benefits and seniority rights, actual damages, and accrued interest, as applicable; b. Court costs and attorney fees; and C. Any further relief to which Plaintiff is entitled. 9 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238 -5707 Count II Wrongful Termination 31. Plaintiff incorporates all prior paragraphs as if included in full herein. 32. Discharging an employee in retaliation for refusing to commit a crime is a violation of public policy in Pennsylvania and supports a tort claim for wrongful discharge. Spierling v. First Am. Home Health Servs., 1999 PA Super 222, P14, 737 A.2d 1250, 1252 (1999). 33. Oxenrider was terminated for refusing to commit a crime, i.e. violate certain State regulations and statutes regarding medication administration, including his refusal to sign doctored medical administration logs in violation of 55 Pa. Code § 6400.164. WHEREFORE, Plaintiff Shawn D. Oxenrider respectfully requests the following relief: a. Judgment against Defendant Human Achievement Program, Inc. for compensatory damages for an amount in excess of the limits of arbitration, exclusive of interests and costs; b. Judgment against Defendant Human Achievement Program, Inc. for punitive damages for an amount in excess of the limits of arbitration, exclusive of interests and costs; and 10 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238 -5707 c. Judgment against Defendant Human Achievement Program, Inc. for reasonable costs and such other relief as this Court deems just and proper. Respectfully submitted, McCarthy Weisberg Cummings, P.C. Date Larry A. Weisberg, Esquire Sup. Ct. I.D. #83410 Derrek W. Cummings, Esquire Sup. Ct. I.D. #83286 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238 -5707 (717) 233 -8133 (FAX) Attorneys for Plaintiff 11 Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238 -5707 VERIFICATION I, Shawn D. Oxenrider, verify that I am the Plaintiff in the foregoing Complaint, and that the facts set forth therein are true and correct to the best of my knowledge, information, and belief; and that this verification is subject to the penalties of 18 Pa.C.S. § 4904 relative to unsworn falsification to authorities. Dated: 1,�' 3 , 20 Shawn D. Oxen rider SHAWN D. OXENRIDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 14-306 Civil ~'{ HUMAN ACHIEVEMENT PROGRAM, CIVIL ACTION - LAW c°��,i rn r INC. , Z� CO `01-1i Z - ,;t. Defendant U') C) ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of the Defendant, and certify that I am authorized to do so. Dated: , /B� 2,014 DENNIS J. SHATTO 119 Locust Street Harrisburg, PA 17101 (Attorney for Defendant) Dennis J. Shatto Pa. Attorney ID #25675 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108 -1847 Tele: (717)238 -1731 Fax: (717)238 -8481 E -mail: dennisshatto @hotmail.com Attorney for Defendant Ur _ P,ROTHONOTAi MIN -R 10 n1111: 12 CUMBERLAND COUNTY PENNSYLVANIA SHAWN D. OXENRIDER , Plaintiff vs. HUMAN ACHIEVEMENT PROGRAM, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14 -306 Civil CIVIL ACTION - LAW NOTICE TO PLEAD TO: SHAWN D. OXENRIDER, Plaintiff You are hereby notified to filed a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Dated: /(/l4if' 1,o 111 By Dennis J. Shatto Dennis J. Shatto Pa. Attorney ID #25675 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108 -1847 Tele: (717)238 -1731 Fax: (717)238 -8481 E -mail: dennisshatto @hotmail.com Attorney for Defendant SHAWN D. OXENRIDER, Plaintiff vs. HUMAN ACHIEVEMENT'PROGRAM, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14 -306 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT AND NOW, comes the Defendant, Human Achievement Program, Inc. ( "HAP "), by its attorney, Dennis J. Shatto, and files the within Answer and New Matter to Plaintiff's Complaint, and in support thereof avers the following: 1. Admitted. 2. Admitted. 3. Admitted, except that the diagnosis is "intellectual developmental disability ", not "mental retardation." 4. Denied. It is denied that Defendant receives funding fron the Commonwealth of Pennsylvania. By way of further answer, Defendant receives payment from the Commonwealth for services rendered to individuals who have intellectual developmental disability, based upon an approved rate schedule. 5. This statement is a conclusion of law to which a response is not required. It is denied that Defendant is a "public body" as defined in the Whistleblower Law. 6. Admitted. 7. Admitted. 8. Admitted: 9. This statement is a conclusion of law to which a response is not required. It is denied that Defendant is a "public body." On the contrary, Defendant is a Pennsylvania for - profit corporation. 10. Denied. It is denied that Plaintiff met with Defendant's management in 2012 to raise concerns about any alleged failure by Defendant to follow regulations regarding medication, and it is further denied that Plaintiff complained about allegedly being forced to sign that he had completed a medications practicum. In 2012, Plaintiff met with Jeffrey Hare and Jennifer Busby to discuss, and did discuss, matters wholly unrelated to medication or a practicum. 11. Denied. It is denied that Plaintiff complained to Defendant's management about administration of medication. It is denied that Defendant neglected or continued to neglect regulations regarding administration of medication. It is further denied that Plaintiff continued to raise his concerns and objections to Defendant's management. 12. Admitted in part and denied in part. It is admitted that Plaintiff worked from September 25, 2013, through September 28, 2013. It is denied that this was Plaintiff's "normal shift." 13. Denied. It is denied that Plaintiff complained to Defendant's management on or about September 26, 2013, about the specific topics described in this averment or about anything else. It is further denied that Plaintiff refused to sign medication administration records which had allegedly been doctored. Finally, it is denied that any records were "doctored" by Defendant's management. 14. The first and third sentences are admitted. It is also admitted that Ms. Bullock stated that during her shift, none of the residents made any complaints about Oxenrider. 15. Admitted in part and denied in part. The averments of the first two sentences are admitted. It is denied that Plaintiff had not abused any residents. 16. Denied as stated. It is admitted that Plaintiff was told that he was removed from the schedule, which was a legal requirement because an allegation of abuse was made about Plaintiff. 17. Admitted in part and denied in part. It is admitted that Plaintiff was interviewed about alleged abuse on September 30, 2013, and that he denied that he had abused a resident. The remaining averments are denied. Plaintiff was provided the details about the alleged abuse, including that a resident had complained about being pinched by another resident. 18. Admitted in part and denied in part. It is admitted that Defendant's employment was terminated on or about October 8, 2013. The stated reason for the termination was that the investigation into the allegation that Plaintiff had abused a resident resulted in a determination that the allegation was founded. It is denied that Plaintiff provided Defendant with knowledge that one resident had pinched another resident. Defendant was already aware of the pinching incident and included it in Defendant's required written report to Department of Public Welfare on September 30, 2013. The meaning of the second sentence is unclear, and it is denied. As to the last sentence, it is admitted that Ms. Bullock stated that none of the residents reported the abuse to her. 19. Denied. Defendant denies that Plaintiff was treated differently from other similarly situated employees. 20. Denied. Plaintiff made no such complaints to anyone in Defendant's management. Plaintiff was never requested to sign any falsified medication logs. No medication logs were falsified. Plaintiff made no complaint two days before his "suspension." Plaintiff was terminated from employment because he abused a resident. 21. Denied. The reason given for Plaintiff's termination was not manufactured and unsubstantiated, nor were other similarly situated employees not terminated. The allegation that Plaintiff had abused a resident was, after investigation, determined to be founded. 22. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded. COUNT I Violation of the Pennsylvania Whistleblower Law 23. Defendant herein incorporates its answers to paragraphs 1 through 22 of this answer. 24. Denied. This statement is in the nature of a conclusion of law to which a response is not required. The Whistleblower Law is not applicable. 25. The statement of Paragraph 25 is a legal conclusion to which no answer is required. The Law speaks for itself. 26. The statement of Paragraph 26 is a legal conclusion to which no answer is required. The Law speaks for itself. 27. The statement of Paragraph 27 is a legal conclusion to which no answer is required. By way of further answer, it is denied that Plaintiff ever complained to Defendant's management about failure to follow regulations about medication. 28. The statement of Paragraph 28 is a legal conclusion to which no answer is required. The Whistleblower Law is not applicable. 29. Denied. The statement of this paragraph is a conclusion of law, to which no response is required. It is denied that Defendant retaliated against and wrongfully discharged Plaintiff. The Whistleblower Law is not applicable. 30. Denied. The statement of this paragraph is a legal conclusion to which no response is required. The Whistleblower Law is not applicable. WHEREFORE, Defendant requests that Your Honorable Court enter judgment in its favor and against the Plaintiff. COUNT II Wrongful Termination 31. The answers contained in Paragraphs 1 through 30 are incorporated herein as if fully set forth herein. 32. Denied. This statement is a conclusion of law to which no response is required. Defendant did not request Plaintiff to commit a crime. 33. Denied. This statement is a conclusion of law to which no response is required. Plaintiff was not terminated for refusing to commit a crime. Plaintiff was not requested to commit a crime. Plaintiff was discharged for abusing a resident. WHEREFORE, Defendant requests that Your Honorable Court enter judgment in its favor and against Plaintiff. NEW MATTER 34. The Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 35. Defendant is a for - profit corporation organized and existing under Pennsylvania law. 36. Defendant receives payment from the Commonwealth of Pennsylvania only for services rendered as provider of services for persons having intellectual developmental disabilities. 37. Defendant is not a "public body" as defined in the Pennsylvania Whistleblower Law. WHEREFORE, Defendant respectfully requests that Your Honorable Court enter judgment in his favor and against the Plaintiff, and dismiss Plaintiff's Complaint. Date: f°4 7 , 2014 By Dennis J. Shatto PA Attorney ID #25675 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 Tele: (717)238-1731 Fax: (717)238-8481 E-mail: dennisshatto@hotmail corn Attorney for Defendant 8 VERIFICATION I, Jeffrey Hare, President of Human Achievement Program, Inc., hereby verify that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: J`5//3/ CERTIFICATE OF SERVICE I, Dennis J. Shatto, hereby certify that I have, this day of A/A/L-241 , 2014, served the foregoing Answer and New Matter of Defendant, by depositing a true and correct copy of the same in the United States mail, first class postage prepaid, addressed as follows: Larry A. Weisberg, Esquire 2041 Herr St. Harrisburg, PA 17103-1624 (Attorney for Plaintiff) By Dennis J. Shatto PA Attorney ID #25675 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 Tele: (717)238-1731 Fax: (717)238-8481 ' FROTHONO TAR f 201 t1 MAR 18 111110: 57 ,MlaE.RLAND COUNTY PENNSYLVANIA Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-1624 (717) 238-5707 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHAWN D. OXENRIDER, Plaintiff, NO. 14-306 CIVIL V. HUMAN ACHIEVEMENT PROGRAM, INC., Defendant, CIVIL ACTION — LAW PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER Plaintiff, Shawn D. Oxenrider, by and through his counsel, McCarthy Weisberg Cummings, P.C., hereby files the following Answer to Defendant's New Matter as follows: 34. The averments of Paragraph 34 are a conclusion of law to which no responsive pleading is required, and the same are therefore deemed denied. 35. Admitted, upon information and belief. Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-1624 (717) 238-5707 36. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 36, and the same are therefore denied with strict proof thereof demanded. 37. The averments of Paragraph 37 are a conclusion of law to which no responsive pleading is required, and the same are therefore deemed denied. Respectfully submitted, McCarthy Weisberg Cummings, P.C. P/1 Date Larry A. Weisberg Sup. Ct. I.D. #83410 2041 Herr Street Harrisburg, PA 17103-1624 (717) 238-5707 (717) 233-8133 (FAX) Attorney for Plaintiff Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 171 03-1 624 (717) 238-5707 VERIFICATION I, Shawn D. Oxenrider, verify that I am the Plaintiff in the foregoing Answer to Defendant's New Matter and that the facts set forth therein are true and correct to the best of my knowledge, information, and belief; and that this verification is subject to the penalties of 18 Pa.C.S. § 4904 relative to unsworn falsification to authorities. Dated: 1(4,-/A 42- , 2014. Shawn D. Oxenrider • Counsel for the Plaintiff McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238-5707 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Plaintiff's Answer to Defendant's New Matter upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Dennis J. Shatto, Esquire 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108 -1847 (Counsel for Defendant) by depositing a copy of the same in the United States Mail, first -class postage prepaid, addressed. Date McCarthy Weisberg Cummings, P.C. Larry A. Weisberg 2041 Herr Street Harrisburg, PA 17103 -1624 (717) 238 -5707 (717) 233 -8133 (FAX) Attorney for Plaintiff 2