HomeMy WebLinkAbout06-4470
CHARLES CARY,
404 Cascade Road
Mechaoicsburg, PA 17055
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
VB.
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No. 2006
MESSIAH COLLEGE,
Once College Avenue
Grantham, PA 17027
Defendant
Civil Action - Law
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF THE SAID COURT:
Please issue a Writ of Summons in the above-captioned action.
1 Writ of Summons shall be issued and forwarded to. (X ~~ ~
Keith E. Kendall, Esq. ~
Keith Kendall, P.e. Si~ature of Attorney
2415 North Front Street Attorney I.D. No. 42910
Harrisburg, PA 17110
(717) 236-9539
(Name/Address/Tel. No. of Attorney)
Date:
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WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS
COMMENCED AN ACTION AGAINST YOu.
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Prothonotary
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Kevin M. Gold, Esquire
Attorney J.D, No. 70265
Kathleen D. Bruder, Esquire
Attorney J.D. No. 74425
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Defendant
Plaintiff
IN THE COURT OF COM ON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
,
CHARLES CARY,
v.
CIVIL ACTION - LAW
NO. 06-4470 Civil Term
MESSIAH COLLEGE,
Defendant.
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PRAECIPE FOR RULE TO FILE COMPLAINt
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TO THE PROTHONOTARY:
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Kindly issue a Rule upon Plaintiff to file a Complaint within ~enty (20) days or
suffer a judgment of non pros. :
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Respectfully sub~itted,
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RHOADS & SIN~N LLP
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Date: q-,p- tJ"
By:
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Kevin M. ~old I
Kathleen iliBruder
One South arket Square
P.O. Box I 46
Harrisburg,1 P A 17108-1146
(717) 233-5731
Attorneys tPr Defendant
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CERTIFICATE OF SERVICE
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I hereby certify that on this 8th day of September, 2006, a true td correct copy of
the foregoing Praecipe for Rule to File Complaint was served by meaJ1s of United States
mail, first class, postage prepaid, upon the following:
Keith E. Kendall, Esquire
Keith Kendall, P.C.
2415 North Front Street
Harrisburg, P A 17110
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ie Cassel
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Plaintiff
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IN THE COURT OF CO~ON PLEAS
CUMBERLAND COUNnf, PENNSYLVANIA
I
CHARLES CARY,
v.
CIVIL ACTION - LAW
NO. 06-4470 Civil Term
MESSIAH COLLEGE,
Defendant.
RULE TO FILE A COMPLAINT
TO:
Keith E. Kendall, Esquire
Keith Kendall, P.C.
2415 North Front Street
Harrisburg, PAl 711 0
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You are hereby ruled to file a Complaint within twenty (20) ~ of receipt of this
Rule or suffer a judgment of non pros.
Dated:5b.pt f'.. :J.tY)b
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MESSIAH COLLEGE,
Defendant
Jury Trial Demanded
CHARLES CARY,
Plaintiff
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
DiP" LN10
No.~ -Me Civil
NOTICE TO DEFEND
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, OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
Fourth Floor
Cumberland County Courthouse
1 Courthouse Square
Carlisle, P A 17013-3387
Civil Action - Law
CHARLES CARY,
Plaintiff
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
No. 06-440 Civil
MESSIAH COLLEGE,
Defendant
COMPLAINT - PENNSYV ANIA WHISTLEBLOWER LAW
43 Pa.C.S. ~~1421-1428
1. The Plaintiff is Charles Cary ("Plaintiff'), an adult individual currently
residing at 404 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania,
17055.
2. The Defendant is Messiah College ("Defendant"), a secondary
educational institution with a campus and primary business address at One College
Avenue, Grantham, Cumberland County, Pennsylvania, 17027.
3. The Plaintiff was at all times relevant to this action an "Employee," as
that term is defined at Section 2 of the Whistleblower Law, 43 Pa.C.S. ~1422.
4. The Defendant was at all times relevant to this action an "Employer," as
that term is defined at Section 2 of the Whistleblower Law, 43 Pa.C.S. ~1422.
5. The Defendant is a private educational institute that receives funding
from the Commonwealth of Pennsylvania (See, e.g., Part I, line "c" of Exhibit A,
attached hereto and incorporated herein), and is therefore a "public body" as that
term is defined at Section 2 of the Whistleblower Law, 43 Pa.C.S. ~1422.
2
6. The Plaintiff was employed in Defendant's Facilities Department from
October 2, 2000 until June 30, 2001, when the Facilities and Property services
departments were combined into the Building and Property Services Department
(BPS) and his tide was changed from Assistant Director of Facilities - Plant Systems;
to the position of Manager of Mechanical Services in the Building and Property
Services Department.
7. Plaintiff served as Defendant's Mechanical Services Manager from on or
about July 1, 2001 until his termination on or about July 5, 2006.
8. Plaintiffs duties as Defendant's Mechanical Services Manager included
the maintenance and oversight of all mechanical, electrical, plumbing, HV AC, utilities;
as well as handling the majority of code and compliance items dealing with the
buildings and environmental systems in and/or upon Defendant's campus; and/or
under the control of Defendant; as well as the monitoring and compliance by
Defendant with all applicable environmental and public safety laws, rules and
regulations.
9. Beginning in or about January, 2002 and continuing until Plaintiffs
termination, Plaintiff became aware of and documented "wrongdoing" - as that term
has been defined and interpreted under the Whisdeblower Law by the Courts of this
Commonwealth - in the form of certain irregularities, and illegal acts and omissions
regarding Defendant's failure and/or refusal to comply with state and federal
personnel, environmental and public safety codes.
10. Plaintiff made good faith verbal and written reports to his superiors in
his chain of command, between 2001 and 2006, describing each instance of
wrongdoing.
11. Plaintiff's reports of wrongdoing included the following:
a. In 2001, the plaintiff warned his then superiors Ken Martin and
Rod Groff - that the Pennsylvania Department of Labor & Industry required regular
inspections on the Defendants numerous boilers. The plaintiff's
superior/Defendant's agent Ken Martin, told the Plaintiff not to worry about Labor
& Industry inspections because the college was exempt. Then in April, 2002, the
Plaintiff reported to his then-superiors - Ken Martin and Rod Groff several pages of
items that were in violation of Labor & Industry legal requirements. The Plaintiff's
superiors/Defendant's agents reluctantly agreed to address the issues pointed out by
Labor and Industry during their site visit, but failed to address the other Labor &
Industry violations that were raised by Labor & Industry and reported by Plaintiff
(See Exhibit B, attached hereto and incorporated herein)
b. On or about June 8, 2001, when the plaintiff asked his then
supenor - Rod Groff - why some hazardous waste was being disposed of
inappropriately, Groff informed the Plaintiff that it was none of his business.
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c. During January 2002, January 2003, January and February 2004
meetings with and correspondence between Plaintiff, Rod Groff (then Defendant's
Director of Building and Property Services - "BPS") and Ken Martin, Plaintiff warned
Groff and Martin of potential code and safety violations regarding high lead content
in portions of Defendant's water supply; high bacteria counts in some water -
including e-coli bacteria; and potentially hazardous and illegal underground storage
tanks. Plaintiff was advised that he was over-reacting, and that he did not need to
worry about these issues.
d. In February, 2004 Plaintiff provided documentary (See Exhibit C,
attached hereto and incorporated herein) and anecdotal (See Exhibit D, attached
hereto and incorporated herein) evidence of management, personnel, code and safety
violations and issues to some of the Defendant's Vice Presidents, following the
failure/ refusal of officials of Defendant to adequately address the issues (See, e.g.,
Exhibit E, attached hereto and incorporated herein), which resulted in the removal of
several high-ranking officials with Defendant, including Ken Martin, Defendant's Vice
President of Operations.
e. In March, 2004 Plaintiff reported to his superiors that many of its
underground storage tanks ("UST") were removed in violation of the Pennsylvania's
Storage Tank and Spill Prevention Act (Act 32) of 1989 and its implementing
regulations; and federal EP A regulations relating to UST's (See Exhibit F, attached
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hereto and incorporated herein). Plaintiff was advised by his superiors/Defendant's
agents not to worry about the tanks being removed illegally and to take no action to
correct the violations.
f. On March 7, 2004 Plaintiff applied and was a top candidate for an
open position with Defendant as Director of Building and Property Services for
Defendant. In retaliation for Plaintiff having previously reported to Defendant the
wrongdoing of Defendant's agents, the Plaintiff's name was removed from
consideration by the Defendant's agents and instead appointed Kathie Shafer to the
position of Director of Facilities and Conference Services. This appointment made
Kathie Shafer (a friend of the Defendant's fonner VP of Operations Ken Martin that
was removed from employment due to the Plaintiff's reports of wrongdoing)
Plaintiff's direct supervisor (Exhibit G, incorporated herein).
g. In May, 2004, Plaintiff reported concerns to Linda Cheney - the
Defendant's Director of Human Resources - regarding his concerns for retaliation,
and the potential for waste and wrongdoing by Kathie Shafer as a result of her
appointment as Director of Facilities and Conference Services (Exhibit H, attached
hereto and incorporated herein).
h. On July, 2004 Kathie Shaffer (appointed in May, 2004 to the
position of Director of Facilities and Conference Services) refused Plaintiff's request
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to discuss with Plaintiff any of the environmental compliance issues raised by the
Plaintiff.
1. Between September, 2001 and July, 2006 Plaintiff repeatedly
raised concerns to officials of Defendant about dangerous levels of mold in various
buildings and areas of Defendant's campus (Exhibit I, attached hereto and
incorporated herein); but his efforts to address and resolve this issue were routinely
frustrated, disregarded and/or prevented by Defendant and/ or its agents.
J. In October, 2004 Plaintiff received an artificially low performance
appraisal by his supervisor, Kathy Shafer, in retaliation for Plaintiffs frequent, good-
faith reports of wrongdoing (Exhibit J).
k. On July 14, 2005 Plaintiff applied for an open position with
Defendant as Director of Facility Services for Defendant. In retaliation for Plaintiff
having made good faith reports to Defendant of the wrongdoing of Ken Martin
(Defendant's former VP of Operations and a friend of Plaintiffs supervisor Kathie
Shafer) and others - Plaintiffs name was removed from consideration by Shafer, who
subsequendy selected Bradley Markley to the position instead of Plaintiff, even
though Markley did not meet the minimum educational requirements listed in the
position advertisement (Exhibit K, incorporated herein).
1. In September, 2005 Plaintiff called the Defendant's President to
advise her that his supervisor, Kathie Shafer, had directed Plaintiff to lie to the parents
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of students about test results that reflected excessive levels of mold present in student
living quarters on Defendant's campus. Plaintiff was advised by Shafer that the
President did not have time to meet with him, and he was instead directed to meet
with her regarding his call to the President (Exhibit L, attached hereto and
incorporated herein). At the meeting, Plaintiff was threatened and berated by Shafer
for, inter alia, having contacted the President.
m. In November, 2005 Plaintiff discussed the annual water testing
done by the college due to the continuing problems with lead in the campus water
supply. Plaintiff's supervisor - Bradley Markley - suggested that the annual water test
not be done. Plaintiff insisted on performing the test due to the safety concerns for
students and visitors; and potential liability to the college. Plaintiff was ultimately
pennitted to perform the testing at that time, but was informed that water testing may
not be performed in the future.
n. On January 11, 2006, Plaintiff's employment was threatened by
Shafer when she advised Plaintiff that he should pursue alternative employment with
another employer because his position with Defendant may be eliminated in the
foreseeable future.
o. In March, 2006, Plaintiff notified Shafer that some of Defendant's
underground heating oil storage tanks discovered during a U.S. Environmental
Protection Agency Peer audit were illegally unregistered; and that some of the tanks -
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registered and unregistered - had not been properly and/or legally disposed of
(Exhibit M, attached hereto and incorporated herein). The information was
disregarded by Defendant; Plaintiff was advised by Shafer not to worry about the
tanks; and Plaintiff was directed by Shafer to take no action to address the violations.
p. Plaintiff was excluded by Defendant from attending a final
meeting with the EP A at which the results of an EP A Peer Audit regarding
Defendant's UST's was discussed.
12. As a result of the Plaintiffs good faith reporting of the foregoing and
other acts of waste and/or wrongdoing by Defendant, and/or his intention to report
the foregoing acts of waste and/or wrongdoing to Defendant and/or an appropriate
authority, Defendant illegally discriminated and/or retaliated against Plaintiff as
hereinbefore described, regarding Plaintiffs compensation, terms, conditions and/or
privileges of employment, in violation of Section 3a of the Whisdeblower Law, 43
Pa.C.S. ~1423(a).
13. As a result of the Plaintiffs good faith reporting of the foregoing and
other acts of waste and/or wrongdoing by Defendant, and/or his intention to report
the foregoing acts of waste and/or wrongdoing, Plaintiff was illegally threatened with
discharge and ultimately discharged by Defendant or a person acting on Defendant's
behalf, on or about July 5, 2006, in violation of Section 3a of the Whisdeblower Law,
43 Pa.C.S. ~1423(a).
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14. The Defendant's alleged reason for discharging Plaintiff - that Plaintiffs
position was eliminated as a result of a reorganization by Defendant - was a pretext
for its acts and/or omissions in violation of the Whistleblower Law.
15. The acts/omissions of Defendant, its agents and/or employees in
retaliating and/or discriminating against Plaintiff regarding Plaintiffs compensation,
terms, conditions and/or privileges of employment because Plaintiff made and/or
was about to make good faith reports of wrongdoing and/or waste, were intentional,
extreme and outrageous conduct, recklessly and maliciously designed and intended to
cause harm and severe emotional distress to Plaintiff.
16. As a result of Defendant's extreme and outrageous acts set forth
hereinbefore, Plaintiff has lost gainful employment; has been forced into bankruptcy;
and has suffered severe emotional distress as a direct consequence of the actions of
Defendant, its agents and/or its employees.
17. As a result of Defendant's illegal acts and/or failure to act as set forth
hereinbefore, Plaintiff has suffered from depression, anxiety, loss of sleep and loss of
enjoyment of life.
Date: November 2, 2006
?I~
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WHEREFORE, Plaintiff requests a jury trial and an award thereafter of such
damages - including compensatory and punitive damages from Defendants in excess
of $25,000.00, and/or such other legal, injunctive and/or other equitable relief as the
Whisdeblower Law will allow; as will make Defendant whole; and/or as the Court
may deem proper and just.
Keith E. Kendall, Esq.
Attorney for Plaintiff
2415 N. Front Street
Harrisburg, P A 1711 0
Attorney ID No. 42910
(717) 236-9539
(717) 236-0483 (FAX)
Keith@KeithKendallpc.com
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Return of Organization Exempt From Income Tax
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From:
To:
Ollt".
Subject:
Charles Gary
Groff, Rod; Martin, Ken
4/5/02 11 :42AM
L & I Inspection
Rod & Ken,
18m listing the boilers below that need to have an in1emal inspection. Please note L & I gave us 10 days
(Deadline 4/14102) to have these inspections done. As per my previoUS requests and discussions the
boiler in Treona needs to be replaced to make this buildIng safe or we need to discontinue using this
l.Juiluiny. Also now that L & 1 nas Il5too Treona for InspeCtIon (WIttlln the next ten days), I need to nave
some direction or answers as soon as possible. Please nole I understand that budgets are tight, but I
believe that Treona will fail when inspected and may even be closed for safety reasons.
We may be able to buy some time if we nave our insurance company inspect these boilers in place of L &
I, since they are not new installations, but I would need to contact them the beginning of next week and
schedule a time for inspection, so I could provide L & I this information. Please note even if we have our
insurance company inspectlt1e boilers, this will only buy os some time and Treona will fail and most likely
this building will need to be closed. Please note at this point even if we wanted to replace the boiler at
Treona, we would have \0 get prior approval from L & L So I desperately need direction? Are we keeping
TreotJa? Calli t;Oull:K;l our insuram;e company? If so can you provlde me with contact information?
Please note we have several boilers/pressure vessels on campus that will need to be inspected in the
nA:;Ir future. some of theSlQ will not pGlI" inapection, for example Guect houce will foil, Brochbm may fail.
So far the inspector is considering that these buildings will be tom down Ihis year and so far has not esked
for these bu~dings. I would like to address all of our remaining boilers and pressure vessels during the
summer as per our previous plan, this would allow for lime to straighten out any problems that would
come up during wann weather.
Boilers needing internal Inspections with in ten days.
Treona (Will not Pass Inspection)
Mill House
One side of Musser Farm
One side of Locust Hill
Boyer Center
Greenbriar
Martin House
Mountain View
Jordan Auto Clava
Jordan
Kline Still
All Steamers in Ihp. Kitchen
Please see AttaChed for infonnalion on L & I Inspection from 4f4lO2.
Thank you,
Charles Cary
Charles Cary, CPMM
Manager of Mechanical Services
Deparbnent of BuDding & Property Services
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L & I Boiler Inspectioa April 4"' 2002
I. BCC Kitchen Small Kettle next tu lltwmas ooedli it new ReliefVlI1n:
2. ECC Kitchen Vulcan Steamer and Both Garlands need internals inspection
3. ECC Kitchen Small steaIna' in Convection oven area needs Relief Valve
4. ECC Boiler Relief valve piping to floor, support for circulator pump, and post copy of the
work and inspections that were done by contractors.
5. SSC Therm-X-Trol Relief Valve installed in piping I 25psi max pressure
And Replace Relief Valve on wbite insulated storage tank.
6. Mt View remove sides and drain for internal inspection.
7.Grantham Side of boiler removed and boiler drained to do intemals inspection.
S. Kline AHIC(?) "Steam Boiler" opened for internals inspection.
9, Autoclave Jordan opened for internaIs inspection.
10. Steam Boiler in Jordan opened fur interna1s inspection.
11. Install relief valve on white tank in Engle (400,OOOBTUper hour Not over 15Opsi)
12. F AC Relief valve needs installed in expansion tank. Replpe increasing size to accommodate
new relief valve.
13. Inspector also found multiple boilers. expansion tanks, etc.. that were installed in the past but
were never inspected or certified by L & I, we took care of these as we found them.
14. Several internal inspections requested summarized:
Boilers needing internal Inspections with in ten days.
Treornt (Will not Pass Inspection)
MillHouse
One side of Musser Farm
One side ofLo<:ust IIill
Boyer Center
Greenbriar
Martin House
Mountain View
Jordan Auto Clave
Jordan
Kline Still
Ail Steamers in the Kitchen
Boiler Iaspection 4/17/02
The preliminary results from the BoiIerfPressure Vessel inspection on 4f17/fJ2 are as follows:
>ECC KitclteR-
Vulcan Steamer - Passed, Clean Scale on inside of Flange
Garland Right Side - Needs Relief Valve replaced with 8 15 psi with a minimum discbarge
capacity of 168 Ibs per hour and should have scale cleaned out.
Garland Left Side - Needs RetiefValve replaced ~ith 8 15 psi with a. minimum dil;charge
capacity of 168 lbs per hour and should have scale cleaned out.
>North Complex -
Boiler needs to have inside flushed out (Complete)
ElIp8tlsion tanks need to have relief valve set at 125 psi with a discharge capacity of 634,000 Btu
>Mill House -
Nt:eds LU huve the oil line relocated, it presents a trip hazard.
> Martin Hou~
Needs to have T & P Valve mounted vertically
>GreeD Briar -
Needs to have stop added in line (Complete)
>SMtIt Complex -
Boiler - Passed no comments
Expansion tanks need to have relief valve set at 125 psi with a discharge capacity of 634,000 Btu
>Boyer Center -
Failed, Boiler Needs to be replaced (Scheduled for 4122102 Pending anini of new Boiler)
> Locust Hill So.tb -
PAMCd no oommcnt6
>Treooa-
Failed, Boiler Needs to be replaced, We have not been ordered to shut this boiler down as of
this point, but I am sure that it will be menttoned in Ius report based on the inspectors commems
during the inspection,
Please note we are working on these repairs as well as the repairs from the L & I inspection on
4/4/02. Plus we are JlTeparing for the next inspection 0114/24/02. Also please note that I am
working with the insnrance in!lpector on flI'ttlng some of Ollr smaller building classified as
residential.
I
Boiler IBspedioD 4/24/02
> SOuth Complex -
Passed, remove debris from unit,
>Nortb Complex-
Flush inside to remove scale buildup.
>Musser FarmhoBSe (East Side)-
1nstaI1 Check valve before Stop Valve.
>MusserFarmhoale (West Side)-
Install Check valve before Stop Valve & Pipe Reliefwith in 6" of the floor
>K1ine SteaM Boiler -
Failed. Called back later and said that according to L & I this unit was Failed in 1994 and
should have been removed or replaced, By running this boiler after It "'115 tailed we were
endangering the people in this building. The Boiler was not safe to run. We have takm steps to
Jock out this equipment. Also accordi~ to the professors in this area, their may not be a need
for this unit. We will await a decision from upper administration on weather to remove or
replace this unit.
>Jordao Steam Boiler -
Passed no comments.
>Jordan Autoclave-
Failed. This unit needs muJtiple repairs including: Replace relief valve & Pipe to drain, Clean or
Replace Sight glass, Name plate needs to be restored, preserved or protected, Corrosion needs to
be removed from unit. We have taken steps to lock ollt this equipment as per our instructions,
Please note this Autoclave is only a few years old and it has had multiple problems, all work is
being done by the company that sold this equipment to the college. Also the company that sold
this unit to us has discontinued using the brand of boiler. due to problems. I am recommending
tbat the boiler section of this boiler needs to be replaced. Also do to the poor quality of work
done by the company that sold us the boiler, I would be coocemed with them continuing to
maintain lhis equipment,
I have scheduled a walk through with the Boiler inspector on 5/1102, to do a comprehensive
sweep of our campus to insure that we are in complinace with our Boiler & Pressure Vessels on
campus,
> Engle -
Add pressure relief 150 psi and 400,000 Btu
Rod,
I am listing the results of the walk through with the insurance inspector below. He was very
generous and cut us a lot of slack. I will work on finding the National board numbers for White
house and Brechbill, please note if we do not find them we will not be able to use these boilers
and they will need to be replaced. Also please note we need to resolve Treona in less than 60
days from the inspection, 90 this would be around 6117/02. Also note e\IeII if we shut down this
boiler we am still maintain the Hot water fur this building. So my recommendation is to shut
down this boiler and lock: it out during the first week: of June that way we should not need the
heat anymore and we can respond to L & J that this boiler has been shut down. Please let me
know if you hear any decisions on the Kline Steam Boiler, Treona Boiler, and if you hear
anything from Gary Emberger on the Jordan Auto Clave.
Thank:;,
Charlie
Boiler Inspection 5/1102
> Groff Guest House -
Failed, but not listing this on report since this building is being tom down over the summer.
-We need to add a 15 psi 500,000 BTU RefiefValve lI$ a safety precaution.
-If we keep this building past the summer we need to Replace Boiler, Add Low water cut off.
> Bertram House -
Asked that we replace the Pressure relief and pipe to the floor.
Not required because this is currently considered a private residence, but if we change this to
commercial we need to add auto-fiIl, return tank, add stop and check: valve,
> Brec:bbill boUle -
We need to find the National Board Number for this boiler if we plan on keeping this building
longer than this summer, otherwise replace this boiler. Also we need to add a check valve on
thi!; hoiler.
> aimeD. FAC -
Add pressure relief within I' of both expansion tnnb 125 PSI and 500,000 BTU
> Dean -
ReJiefvaJve needs to be \lertical, We should have a pencil rubbing of the name plate, Also if we
want to change this to commercial we need to get the National Board Number.
> HOlItetIerlMark (Agape Center) -
Add check Horizontally on bottom make up water line, Check with the Manufacturer to see if it
is ok to feed the makeup water into the current location on the boiler (Back of the unit).
> Loa1St Hill- Nortb -
Move Check: and install stop.
>ssc-
Clean up name plate on large black tank. so we can read the infurmation,
> Wbite House -
Find National Board Number, Contact Manufacturer New York.. Steel Boiler, ColMer P A,
Model 112, Serial 6-5164. Ifwe can't get a number for this unit we will need to replace the
Boiler,
Boiler Inspection 512/02
> Frey Academk -
We need to schedule intemals on the 2 large Boilers in Frey some time this summer.
We need to add relief valves to the 2 expansion tanks 125 psi or less, 125,000 btu.
> Fry Apartments-
No comments
> Griswold -
No comments, not officially in5pected, but noted that this would be fairly easy to collvcrlllus
unit, it is a cast boiler.
> Hostetter Cbapel-
Clear area around tnmsformer, Also noted that we can go up to 50 Psi if needed on the relief for
this boiler
> Kelly -
Add 3/4" drain valve
> Lenbert -
No Comments
> Mellinger Residence - ,
Unlll00 small for inspection.
> MlUTay Library -
Disconnect & remove Old Boiler pa# 81606B.
> Nangle ResideDce .
Add 3/4" drain valve.
> Old .Main -
No Comments, except replace valve in other piping.
> Schoolhouse -
No Comments
> Smith ApartIIleats -
This Boiler is being reclassified as a storage vessel.
> Witmer Rtsidenee -
No Comments
I
(
(.)Lh;k\ r C
Water Quality
Test Results
DEP Action Level for Lead is .015 mg/l
DEP Action Level for Copper is 1.3 mg/l
DEP Action Level for Bacteria is 1/100 ml
Location Test Date Lead Copper Bacteria
Engle Point of use 12/27/00 0 None 2
Musser 12/27/01 .05 None 165
Farmhouse
Old Main Lobby 12/27/01 015 None 0
Bowmansdale 12/27/01 0 None 145
ECC Kitchen 12/27/02 .018 None None
"~- .- - ._-
ECC Kitchen 1/31/03 .08 None None
.. - ---
ECC Kitchen 4/22/03 .004 None None
ECC Kitchen 4/22/03 .001 None None
sse before 12/29/03 .020 .05 0
Softener
Old Main Lobby 12/29/03 .037 1.05 0
Bowmansdale 12/29/03 ,079 .26 14 (E-coli)
before softener
Listed above are the test results that have been above the DEP Action level on our
campus over the past few years, These results concern me by the fact that they have been
continually ignored and that we have not given the proper notification required by DEP to our
customers, not to mention address the issues by taking corrective actions.
-
[)<cJ\\b;+ 1)
Concerned for Messiah
I have come here today to discuss my concerns for Messiah College. I do this in an effort to protect
the place I have come to love and to clear my conscience. Over the past few years, I have witnessed many
things that had me concerned to the point of not being able to sleep. Through these papers, I hope to have
the Compliance, Safety, and Environmental issues addressed. I also would like to see an end to the Financial
Mismanagement and the Hostile work environment.
In regards to Compliance, Safety, and Environmental Issues, we have had several problem areas with
the Labor and Industry (L&I) regulated Boiler & pressure vessels on campus. First I was told by Ken Martin
that I did not have to worry about boiler inspections that we were exempt. I disagreed with this but obeyed
his orders. Then on 4/4/02 L&I showed up with several pages of boilers that were in violation. I took care
of these issues and received permission to contact our insurance inspector to resolve the remaining issues. I
have worked for the past few years trying to clear up these code issues.
Unfortunately, some of our underground tanks are not legal because they are not accessible and
therefore can not be inspected. Other tanks are not in compliance because they were sited and never repaired
properly. According the Boiler Code these underground tanks need to be inspected every four years. I have
been requested by representatives of Labor and Industry (Patrick Kimble) and our Insurance Boiler Inspector
(Steve Toms) to show them the locations of all of our underground tanks. In an effort to comply I showed
them the legal tanks. As of this point L& I does not know about the tanks at Climenhaga Fine Arts, Naugle,
Mellinger, and Witmer. I have requested permission to correct this issue multiple times from Rod Groff and
Ken Martin. Rod's response has been it is up to Ken Martin. Ken's response has been "what are our chances
of getting caught". Neither of these responses will help us if the event that the tanks are discovered. The
illegal tanks are listed below:
1. Climenhaga Fine Arts two 15,000 gallon tanks with chemicals in them.
2. Naugle one 1,000 gallon tank containing hot water.
3. Mellinger one 1,000 gallon tank containing hot water.
4. Frey Hall two 20,000 gallon tanks with chemicals in them (one was sited for pitting by our
boiler inspector and never repaired).
5. Witmer one 1,000 gallon tank containing hot water.
Please note the tanks at # I and #4 are also issues for the DEP and the EP A due to the chemicals in
the tanks. If these tanks leak these chemicals into the ground we will have to deal with the clean up of the
chemicals and any associated fines imposed by DEP, etc. . . Also, please note I have requested that the
underground heating lines at the chapel be addressed during the past three budget years. I believe that these
lines have been leaking into the ground for at least the past three years and they have chemicals in them. An
EPA issue that was reported to me on June 8, 2001 Rod had the grounds department dispose of hazardous
waste in an undocumented format. Again each time I brought up these issues I was told not to worry about
it. Some of these compliance issues are not new items and have been presented in the past by multiple
supervisors and a director in the physical plant area.
In regards to the safety issues, we have had multiple problems with water quality and safe working
conditions over the past few years. The water quality issues include years of Lead in the drinking water at
Old Main and other locations. In this instance and others listed in the Water Quality paper, we have not
complied with the notification requirements from DEP not to mention taking corrective measures. Again on
this issue I was ordered not to do any of the notifications and told I was overreacting when I asked to address
the issue.
-
tx ~ I b ; f f
Sent memo below to Ken and Rod:
"'ovelL Mail Message
elo,,,
?n:"V!OlI':_ ~e):t
Forwdrc RepLy h: )~m.kr R":"!J{y' AH
MiJ',~i:: D~i_~t~
Rf.'!'IC Lrtb", PrCP-€Tt(a2~
From:
To:
Date:
Subject:
Security:
Charles Cary
Rod Groff, Ken Martin
Thursday - February 12, 2004 11:50 AM
Serious Concern
Confidential
Rod,
As per our meeting on 1/16/04 I am still very concerned about the results I receive during a phone
call from Microbac on 1/15/04. My specifIC concerns are the same as the past few years. Again this
year we have exceeded the DEP action level for lead in Old Main, sse, and Bowmansdale.
Currently the levels for SSC and Bowmansdale at the second test site are within acceptable limits.
Also again this year Bowmansdale has high levels of bacteria, this is being controlled by the UV
light in this area, but we have been cautioned by Microbac that this is st~1 an issue in the event of a
power failure.
I know you and Ken have told me in the past not to worry about this item, but I can not help and be
concerned. How should I proceed? As per our discussions in the past I believe that we should put
out proper notification and take the necessary actions to eliminate this problem.
Please note Microbac has indicated that these results were mailed to me in January, unfortunately I
have not receive them. Have either of you receive these test results?
If so I need to get a copy so I can file.
Thank you,
Charlie
Thank you,
Charles Cary, CPMM
Manager of Mechanical Services
Department of Building & Property Services
Messiah College
PO Box 3001
One College Avenue
Grantham, PA 17027
717-691-6011 x3540
f- y.h 1 h ; -1 (
I
THE STONE HOl:s: ~:;:.~ "
/'
/'
/
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/
---.-/
AGENDA
Underground Storage Tank Review Meeting
March 12, 2004
1. Findings
a. Underground Storage Tank (UST) is a lank and connected piping with 10%
combined volume below ground.
b. Federal UST Regulations apply only to underground tanks and piping
storing either petroleum or hazardous substance.
c. Minimal potentIal tor tundmg from Undergroond Storage Tank
Indemnification Fund (USTIF). Fund became effective on February 1, 1994
to help owners take COfrective actions.
d. College inventory of UST's shows (12)lwelve petroleum tanks with
capacities ranging from 1,000 to 3,000 gallons as active,
e PAOEP's database indicates (9) UST's that were regislElfed and (3) that are
still in use. (Other six are listed as dosed in DE? report)
f. None of the tanks in the College or PADEP lists match.
2. Code Review
a. PACEP states "Owners of regulated aboveground and underground tanks
must register each storage tank with DEP and pay an annual registration
fee", The annual reqistration fee for each Underground StorllgA T..nk ;"
$50.00 for 111 gallons or over.
0. PADEP's Storage Tank and SpUI Prevention Act (Act 32) was approved on
July 6, 1 mm. Tonlcs that are exempt end are nQ! regulatod UST'lS are;
1, Tanks with a capacity of 110 gallons or less
2. Farm or residentiallanks wI a capacity of 1,100 galtons or less
whiCh store motor fuel for non-commecciat purposes,
3. Tanks which store heatinQ o~ or kerosene used on the premises
where stored,
4, Tanks which have been out of operation and empty since
December 22, 1988.
r: Fedarol Rl>gulations exclude onsite consumptive use ho.ating oil h;mk~.
d. On-site consumptive use healing aU UST's are not subject to registration or
regulation.
9S9 SeItlersvilJe Road Beth!e,""" ". :,
Tel 610.868.9000 Fax;) \0.U-::) .2.::~ 2
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--7
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THE 8TON ' . . ' "
PAGE 2
e. If tanks are still being used they should be able to stay in the ground.
t. lanks not in use shOuld be removed per PADEP gUidance (but not \lnder
PAOEP direction if tanks not regulated).
3. Next Steps
a. Develop comprehensive AST an<! UST inventory fOl thQ campus incllJding
(location, size (gallons), date installed, fuel source, connected load. tank
type, condition. status)
O. Pressure test to determine Integrity Of tanks. Older tanks snould no! be
pressure tested due to potential problems,
c, Create Action Plan
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To Linda Cheney,
Although my concern is primarily for the staff of the BPS department (Retaliation), I am
also concerned for Kathie. I am listing some of these concerns below:
1. I am concerned about Retaliation on BPS Staff or me. This concerns me because:
a. Relationship to Ken Martin (Perceived as being exactly like Ken).
b. Reaction after Ken was leaving
i. Bad mouthing the BPS department
ii. Perceived as avoiding and not talking to the staff
2. I am concerned about her personnel management style. This concerns me because:
a. Past reactions in emergency situations (Ex. Sewer Problem at ECC, night of
dinner).
b. Comments made by her line staff to BPS staff
3. I am concerned about her lack oftechnical knowledge. This concerns me because:
a. Past Problems with construction projects (Two most recent listed below)
i. Boyer Hall major problems through out the construction process.
ii. Larson dismissed based on them being done according to design.
b. She does not meet the minimum qualifications required for this position.
I have the following concerns about Kathie Shafer. running the Building and Property
Services department. I had voiced my initial concerns to Lois when she had informed me of the
decision. Since then my concerns have been reinforced by people across campus. I have heard
similar concerns from multiple people in the BPS department as well as on campus.
I am also concerned for Kathie, because I believe that she is going to be stretched too thin to
devote the proper time to managing a growing and highly technical department.
I believe that combining the departments may have been a good decision based on a strictly
fmancial perspective, but I believe that we failed to consider one very important variable
(People). I believe that our personnel is the most valuable asses that we have and it has the
greatest potential for impacting the college.
Please note our staff had pointed out their concerns about Kathie, even before it became an
option. Also our department or the other departments on the campus were not allowed to have
input into this decision prior to the decision being made.
Please note that although I feel the decision to combine the Campus Events, Conference
Services, etc..., and BPS together was a mistake, I will do everything in my power to keep
everything running smoothly and make this transition work for the college. So far I have been
able to keep my staff calm and I am trying to foster at least a wait and see approach with my
staff I am hoping that Kathie will perform well so that I can eventually establish buy in by the
BPS staff
Thank: you,
Charlie
f- x ~) b 1 +- .L
Mold Concerns
The notes below represent discussions related to the growing Mold problem on campus.
Please note Humidity and Moisture problems have been listed on the Major Maintenance
list and submitted during budgeting in 2001,2002,2003, & 2004. According to the test results
from the Cardinal Environmental Laboratories we have the following types of mold (Alternaria,
Aspergillus, Cladosporium, Penicillium, and Stachybotrys) in Frey Hall. I do not put much faith
in the Cardinal Environmental Lab results, because this was done using a home test kit. I am
still concerned because I have seen the extent of the Mold throughout the building. Please note I
do not accept the results of the tests done by Cocciardi because I was directed to take them to
predetermined sites that were limited to areas with no visible mold, I feel that this makes the test
results suspect.
Please note Frey is only one of the buildings we are having a mold problem in other
buildings include Smith, Naugle, Witmer, North and South Complexes. All of these buildings
have been handled the same way. We have been directed to cover up the problem and not truly
address this issue, with the exception of the replacement of the 300 liner feet pipe insulation in
the basement of Frey. Some examples of how we addressed the situation are we replaced the
ceiling tile as they got moldy, we put residential dehumidifiers in the buildings. This method of
operating only covered up the problem and never addressed the true problem with the building
HVAC systems.
9/4/02
Again informed of more Mold issues in South Complex. Sent Memo to Ken, Rod, and Dan
Smith informing them of this problem
10/24/02
Met with Ken, Rod, and Mark Pontz. Discussed Mold issue along with other deferred
maintenance items. Including the Frey Hall Heat Exchanger.
8/6/03
Humidity problems across campus Rod and Ken refused to listen over the past few years, I
pushed the issue this year and even pushed the issue taking it to Ken's office while Ken and Rod
were meeting. I explained the seriousness of the Humidity and Mold problem in the buildings,
but 1 was told that "I am overreacting and that it is not an issue".
August 2003
Within the next month it suddenly became a big issue and I was at fault (see 9/1/03 Memo
below). Rod and Ken ordered everyone to work overtime until all of the ceiling tiles were
replaced and we had to add dehumidifiers in multiple areas. This was only a quick fix we were
really not addressing the issue just hiding it.
8/11/03
The Mold issue continues to grow across campus, I asked Tracey to send a memo out to Campus
Events to help us try and get rid of the mold.
8/20/03
Dan and Dan meet with Ken, Rod, and Mark Pontz to discuss HumiditylMold problems,
Hope this helps.
8/22/03
Dr. Norman calls BPS and voices his concern that we are covering up the Mold situation.
Unfortunately he was correct; we are only replacing ceiling tiles, adding fans and dehumidifiers,
8/25/03
Received e-mail from Mark Pontz about Toxic Mold:
This site has a lot of good info on mold. Please remember folks, we're
experts on HVAC systems, not mold. Also, in south central PA, ACTIVE
humidity control, either using desiccants or reheat technologies, are
the only ways we know of to minimize humidity levels below 60% in your
buildings (short of turning off the air conditioning).
Regards,
Mark
hltp !/WVv~V molcl-helpor:.g{
8/27/03
Ken and Rod changed their mind and sent out orders that everyone had to stay and change
ceiling tiles in all the residence halls/dorms.
8/28/03
Rod sent out orders that he wanted as many people as possible to work the weekend to change
ceiling tiles in all the residence halls/dorms.
8/29/03
Dan Soltis e-mailed me about his concern that continued high humidity in areas despite all the
adjustments we have made. I forwarded this information on to Rod.
8/29/03
Rod chewed me out in front of my staff, insisting that I had to fix the problem and that he wasn't
giving any money to do it and that ifI failed it was my fault. He said that he did not want to hear
problems only solutions. Dan and Dan were present for this chew out session.
9/1/03
I wrote memo listing facts and backing everything up with engineering documents and expert
opinions. Since Rod was unable to make me a scapegoat. He pulled me and Dan Smith out of
the Humidity issue and gave it to Dan Soltis. He made Dan Soltis the scapegoat. He even told
us that if Dan failed he would be held responsible and that he was not going to provide any
money to do the real fixes. So Ken and Rod just basically covered up the problem with the Mold
despite the liability. Luckily the weather changed and we made it to the winter. (see 9/1/03
Memo below)
9/1103
Same old thing. On 8/29/03 Rod yelled and screamed at me in front of my staff.
See Memo Below:
Monday, September 01, 2003
Rod,
I am very concerned about the discussion that we had on Friday, August 29,2003.
This discussion was about the various mold problems on campus, specifically in Frey
Academic, North and South Complex. During this discussion I heard you make the
following statements: "You will be held responsible if we don't correct this problem";
"We are not going to replace the building system"; "I don't want to hear the problems
only solutions" and "Failure is not an option". I have no problem with responsibility, but
the combined effect of these statements has me very concerned and I feel as if! have
been placed in a no win situation.
Several times during the past month or two I have left messages, e-mails and have
discussed this problem with both you and Ken Martin to express my concern about this
issue. The most recent meeting was on 8/25/03 in Ken's office because I was very
concerned about the mold in our buildings. I also feel it is important for me to note that I
have presented this problem each year during budget time and have even solicited
quotations from various companies on how to fix these humidity problems multiple times
over the past few years. In the past we received some recommendations for North
Complex from Mark Pontz, one being in October 2000. In the last quarter of 2002, you,
Ken and I also met with Mark to discuss all of the buildings with mold problems and
received his recommendations dated 1/15/2003.
We have followed the recommendations made by Mark Pontz in October 2000 &
January 2003, although, as you know, we were only able to do the quick fix items due to
budgetary constraints. During this past summer we have requested more advice from
Mark since the previous recommendations didn't solve our problem. On August 20,2003
Mark came out and met with Dan Soltis, Dan Smith, and you and again we followed
Marks recommendations. I also contacted Mark approximately two weeks ago and
received some recommendations about Frey Hall, and all of those recommendations have
been followed except for shutting down the exhaust system for this building (due to
safety concerns).
Since then, you have provided us with some more recommendations coming out
ofa meeting that Ken and you had with Mark on August 29,2003. We have followed all
of these recommendations as well. Currently, we have made some innovative HV AC
changes in Frey Academic that seem to be helping, adding multiple dehumidifiers, and
fans to all of the buildings with mold problems (Naugle, Frey Academic, North Complex,
and South Complex). We are also following a systematic plan for emptying
dehumidifiers, and documenting our results daily in problem areas, along with replacing
any ceiling tiles with mold on them daily. But despite our successes, we are at the mercy
of the weather without a building dehumidification system.
. '
Based on my previous experience and the comments received from both
Sponaugle and Mark Pontz, it seems that the only way we can truly correct the high
humidity problem that is causing the mold in these buildings will be to add some
dehumidification equipment or replace the existing HV AC system with a system that is
capable of dehumidifying. To quote Mark Pontz (8/25/03) "ACTIVE humidity control,
either using desiccants or reheat technologies, are the only ways we know of to minimize
humidity levels below 60% in your buildings." Since ASHRAE recommends that
humidity levels be maintained below 60% humidity to help prevent microbial growth and
since maintaining the humidity level below 6()o,Io is not possible without some
dehumidifying equipment, I am concerned that it is not possible for me to meet the
expectations identified last Friday.
Since mold is a very hot topic in the news and more importantly since various
types of mold are dangerous to people occupying these buildings, I have been and
continue to be very concerned about our mold problem on campus and I feel that unless
we add some dehumidifying equipment to these problem buildings, the problem will
continue year after year.
My desire is to provide the highest quality management of our mechanical systems for
Messiah College, and to work as if I were working for Jesus Christ. I have been putting
in 60+ hours a week at work and home ever since I started at Messiah trying to address
this problem, along with our massive and ever growing deferred maintenance list, and get
new buildings up and running, etc. .. I feel that I have been supportive of the temporary
fixes required due to budgetary problems, despite my personal concerns that some of
them may cause another problem like Sick Building Syndrome.
In summary I believe that I have done everything in my power to address our
mold problem. I believe that I am doing everything possible to support the upper
management decisions. I also believe that I am always striving to keep our customers
safe and comfortable, despite the budgetary limitations and the overall limitations and
condition of our campus mechanical systems. But based on our discussion on Friday, I
am concerned that it is not possible to meet your stated expectations and I would
appreciate any assistance or advice you can provide on how I can meet your expectations,
given the above mentioned constraints.
Sincerely,
Charles Cary
9/1/03
Well Rod has decided to make Dan Soltis the scapegoat. Since he can't make me the scapegoat.
I am very concerned for Dan, because Rod insists that if he doesn't correct the problem it is his
responsibility. This again is of course with out agreeing to provide funding to really fix the
problem. Rod will only approve items that will hide the problem or just address the symptoms.
, '
9/2/03
I decided to risk getting in trouble today, I found Mold all over the basement of White House. I
took Pictures and had Mary send them to me and Rod. I also asked to lock this area, to avoid
anyone being exposed to this mold (See Pictures).
9/24/03
I went with Cocciardi as per Rod's direction the test sites were limited to areas with no visible
mold and we did the test very early in the morning so that no one would see us doing the testing
and ask questions.
October 2003
Rod apparently received the results back, he stated that he is not happy that the results mentioned
seeing mold on the ceiling and pipes. He indicated that I should have made sure they didn't see
the mold.
Mark Pontz gave some Mickey Mouse solutions at a meeting with Ken, Rod, Dan, Dan and 1.
Dan, Dan and I voiced our opinions about the solutions not working to Rod, but never heard
anything back. So the proposed fixes are just cover-ups and do not actually do any true humidity
control.
Rod and Ken stated that if I don't agree with the solutions presented by Mark that they will get
rid of me.
Every time Mark comes in Ken, Rod, and Mark put on a dog and pony show trying to sell us to
items that are just addressing symptoms and foolish solutions. Ifmy staffand I don't agree we
are in trouble and if we agree we are responsible for the fix when if fails. We just keep
spending money on items that could be lawsuits and safety issues.
January 2004
I explained to Rod that the insulating contractor that worked in Frey, indicated that we had a
problem with mold all over the piping. The insulator even gave me samples of the pipe covering
showing the mold and indicated that we had a lot more up in the ceiling. Rod asked if anyone
saw this and I indicated that I did not think so since we were on break. He then instructed me to
get the insulation with the mold on it and make sure no one sees it.
exh)btf :r
-------.
71 '77965246 f'ESSI~ COJ ,F!'F HR
41E; Pl'fi NnJ I'IA 'ffi A<l:::>l;
-
DiWri.on of Operations
Per&nutanee AIJDraiIal Form
-:;l,o iJ t{
t'. '~"
~,,'-,
Employee Name: Char\.,. CaIy Supervisor/Co-Worker Name: I;jIthIs ~"I.r
Department: Ba:PS _h.ftl..., Job Title: \1._ V_h.nt...1 SlIrv Annivelury Date:: 10/2/0
Meeting DIIte: lo/1l/2lln4
MeeWlg'Time: 2:00 PM:
MeetiIIg PIsee: Q Oftlc!s
Oar V"".
Modellnatbe ChrilNla World V~W
walt ft/Jl nzt.t
Serving Others the Way 1bey WIItlt to be Served
8eTIlI Othen
StrMnB ComiDII01IIIy to '-rid. Beu.r ~nri...
Do it .a.tt.r
~ Stewardablpwltb God', EDtrusted Ra_
lSe~
OuVWan:
ElIthllled Employees ProYlding Surprisi.a& Servil:C
011&' MIubm:
We Help Make It Happen
Exceeds
BxpccIatlolll
ModeIina ofV...., VlsiCllO ~ M'-lon 0
\ \!. ' QwI1tt, IICDowJedse ofWOI"k 0
,~ ~
'yJ If . 0 0 181 0
V Needs tu learn to be more foetded to pi: 1:biop doDe. Hejump5 from thlnp, wbich is part of the type of
worL; but IMn)' timelllt seems be does not IDish thinp. I lcDow he 8JICIIdIl more time here then moat people
do or should,.so he needs to find a way to won. benar, not loDpr. ae needs to work on _ thlDp and do
them weIl, Vl!llIUI mapy thiDgs and Pot do them wcIl or complete them.
l Y')~' ~H'Q' [J 181 0 0
joJ .;" Chat1ie 1$ here aU the time, IOID8lime8 wheD !Ie b not n~ed. He needs to let his sWf handle thinss. 8y him
v / ~ BIways being here it does IMlt give the apparanc:e that he trusll them to do tbelr job.
~ 0' ---
c.;( ~.....,/, em I Teamwork 0 0 ~ 0
'7/", This is an area where I thiPk Chariie cloet believ8 his ill cooperating or beiDg a Jl81't of a team, but JJ:Iy
~l , observatlollll that he tWiI charge rmd sebJ the tone and IIIllutioDs are dictated, not agreed upon. My
~ '1/ ob8ervatton III particularly related to buw be Iullll1lCla with the,. other ~ In BlkPS. At tUn" be baa
~..y tried to take 0\lV IlIUlI of dlltiel related to otbere. Charlie m:cIb to walk the line ofbeiQg In charge and being
Y f/oJ' part of a team that addresIes the iali1le at hand. Inertad of IOMna everything. he ueeda to go to othen who
. CO' ' " ~ can handle it and inform them of the problem ud work with them if needed.
S.\" f,y tl
P-,q ~,;.' '(' c.etomerSemee
.X1l $ ,ll \ c...\''''i~1 &./
f:,.o."v;'1 '1,'-J'IDDID&,Orpnl",",rtoD 0 0 ~ 0
. - v' ~ ~7:Y Myol.enation ovwthe put 5 montbl Is that hia plannlDg and orpnIzation Is hapt.ud. He isl10t focua on
,~. 0/'" / the COlDplete projeet aDd thinp ofteu are completed in partS. As we continue to work on projeclll thli wlJ1
~ 12. t"- .......... be a.nd .mpnl'tant akl11a to improve on. 'I11e writiJl& of RFP and bid documents for pr<)jecrs will require thi.,
.Y f(U i .,i}.
fl- '1' .,11""' g lJri.tiatk.. 0 ~ 0 0
p~ e,'
f!ic C'/' Three ~ StraJ&thI:
1. Charlie bows the tec:hnlcellnformation to run a campus.
2. Cbadie is committed to IDditIa WllYB to eave energy
3. QwIie is ooneerned that the ool1ege is addressing liab~ conterDS.
N:IIleves
Expectations
~
~
Needs
Oe\Ielopmeot
o
o
Doe8 Not MIIl!t
Expectations
o
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o
181
o
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I~
7177965246 I'ESSIFl-I ca.LEGE f-R
417 1'01
I-ov 08 '05 09:32
. __ DiWlon olOperatlons
. Peri'nrmance Appratul Form
opment:
1. ComlPUllicatlon sldl1s -speakin& wrItinS and lictenIJIs. Tbls is a critical area for improvement. It starts
with li&teDing. 1 often tIIellike CharlIe Is 5 5tl:J1'IlIh&:adof the ~~ and tben &.n't IUIll1Ner
appropriately. ~. he needs to learn to be more concIIe in his comm1lDications.. He has a wealth of
1mowIedp and mcperImee, but be l'UIlblee and people turn him. off, or are afraid to _k him a question for
feat they willllOt set away.
a. Reaction l'eIplHI88 - Charlie appeaN to live fur a crisis and c>>\ bBDdIe them. but he does not at all give a
seDSe of control in dealing with them. He needs to find ways to deal with the issue at hand, derennine if
it is really a crisIa and then 8B8UTe petlIOII!lll II auing to be ok. He pol11'a)'ll .molll often, always lIMl1ming
the worse.
3. Productivity - Charlie I18l!d8 to focus 011 what ill on ball.d and II.Ot worry about the 100 things that can 1I0t
b. adchwaed. Priority n-'~ to be developed.
a
1levi_ of l'riorYear ~
CIl4riie and lliI pre\'I01.lS supervi.8or had 7 _.1< n:laled phi and 6 ptl1'3Ol\Il1 gonID. 1 <:an not apea). to his
progress on thClle. Many were listed as general statements.
Wl>! \{ Goala for the Upc:omIna YIIUl
~ J! )'Vl. Develop and implement a I'rl!ventive Maintenance Systeln. Develop a check systEm to ellSllre hiutaff is
/..-., < h. "'- ~mpletin& the work.
",-..! ..le' D-: In the next ynr, Ularlie will being lO lDdentllY -y~ Lu lu>prove his communw"tIon skilk. He will work
.j\~ , on:
~~,9 .addressin& the questions at band, and DOt spinninz off into more infunnation that Wll8 8lIkcd for..
V' ,.. .hiB writfnp will be eonclse
.be will listen to whn II be\JIIl8hd cl him and follow the inatructlons..
/3. In the nest yar Charlie will need to work on b.b o~ .JcUls by bandlIng information once, 8lld
/ p~ information not needed. He will need to learII to delepte to his staff. Alao he wiD need to work on
" woriing thl'Ollgb a plan, demoplDg HOp by step ap}lIUllcl.CIl and follow throuoh-
~tion"Co__.
Charlie bas only reported to me since May, SO my COD\lIl8IItlI attached are obllervatio1la from the past months
and I kel are a lII1lrting point for us to address i8aues related to his ll\8Il9IDellt aklI1s.
~
Employee Sipa7
I
bAtb r+ K.
. , .
Director of Facility Services
The Department of Facility Services currently has an opening for the position of Director of Facility Services. This is a
full time. 12 month. administrative position. This position is responsible for managing the overall operatIons of the
Building and Property Services Department including: Mechanical Services. Building MarnltmarJ(;e, Grounds, Fleet
Services, Trash and Recyding, Central Receiving and Campus Events (Custodial Services), Other responsibilitIes
will include management of the budget and long range planning and will serve as a resource person and project
manager for campus construction projects, The Director wHl develop and implement shOll and long range planning of
facility related programs.
Education required includes a bachelor's degree in a related field; a Master's degree IS preferred
Required experience includes A minimum of 8 years in management related to physical plant or a related field:
experience in higher education is preferred. Project construction management is highly desirable.
Necessary skills include: Strong written and oral communication skills, demonstrated leadership for planning
development and operations of a complex facllity: ability to deal effectIvely With diverse needS of people and have
thorough knowledge of automated systems. Must have strong interpersonal skills to develop relationShips with
campus departments in order to ensure seamless coordination of services to students and employees.
If you are interested in applying for this position, please email a resume, cover letter and statement of faith to
Messiah College Human Resources at or mail the same to:
Messiah Coilege
Human Resources
PO Box 3015
One College Avenue
Grantham, PA 17027
Application deadline: July 18. 2005.
Job Description
Position Title: Director of Facility Services
Minimum Education Required: Bachelor's degree in a related field: project construction management and/Of Master's
degree are a plus,
~rience Reauired: A minimum of 8 years expenence in management related to physical plant or a related field,
experience in higher education preferred
Respof}sible To: Vice President of Operations
~uQeryi~.~~ 4 Managers, Staffing 75 Full-Time.. 6 Part-Time. 250 Students
Skills, Characteristics Requiroo for Position. Strong written and oral communication skills: demonstrated leadership
for planning. development and operations of a complex facility: ability to deal effectively with people with diverse
needs; thorough knowledge of federal and state regulatory compliance reqUIrements. good knowledge of automated
systems. Must have strong interpersonal skills in order to develop relationships with campus departments In order to
ensure coordination of services to students and employees,
The position of Director of Facility Services has the responsibility to perfolTT1 the following:
Essential Duties:
. , .
1. Manage the overall operations of the Building and Property Services Department. which includes, Mechanical
Services. Building Maintenance. Grounds. Fleet Services, Trash and Recycling, Central Receiving and Campus
Events (Custodial)
a. Prepare an annual operating and capital budget for the department; evaluate and insure efficient operation of the
department. controlling expenses at a level consistent with sound maintenance and stewardship standards.
b, Prepare prioritized cost projections for physical plant deficiencies and develop a plan for correction.
c. Assess the need for staff positions and the placement and supervision of al/ employees, including student workers,
2. Responsible for supervising the Campus Events Manager and overseeing:
A the responsibilities of the custodial services supervisors and staff, ensuring a clean environment and set.ups for all
events.
b. Compile and prepare necessary data for the annual budget and assess and control expenditures in order to
operate effectively within bUdget allocations and the long range plan.
c, assess the need for staff positions and the placement and supervision of all Campus Events employees. Including
student workers.
e. campus laundry operations. providing services to Athletics. Dining Services. Conference Services, and several
other departments as needed.
3 Serve as a resource person and project manager for campus construction projects Participate in the design and
completion of renovations and new construction. Set and communicate campus standards to contractor and
architects,
4. Develop and implement short and long range planning of facility related programs, Establish goals, objectives,
priorities and schedules. As an extension of this duty, actively participate in short and long range capital planning and
the college's strategic planning process and as it relates to capital and deferred maintenance needs as defined in the
facility audit.
5. Serve as the primary internal resource to ensure physical plant safety and full compliance with all federal and state
safety and environmental regulations,
6. Oversee the purchase, insurance. inspection and maintenance of the College fleet and campus vehicles. Oversee
maintenance of the fuel station. Ensure that vehicle and station inspections, approvals and certifications are current.
7 ManRgA thp. key r:ontrol funr:tion and door hardware aspects of acces!'. 1":0nt'Ol maintp.n;:lnr.e
8. Oversee the management, maintenance and liquidation of rental properties.
9. In cooperation with Department of Safety coordinate the management of the inventory of college-wide MSDS, use
of related software and supportive personnel.
1 Q. Maintain a suitable inventory of equipment, parts and supplies, together with student residence furniture and
campus-wide surplus furniture and equipment.
Non-Essential Duties:
11. In the case of indement weather or other emergencies, report to work as required accompliShing campus-wide
snow removal, or organizing remedial help to correct any physical plant emergency.
12 Serve on the college's crisis response team
13, Perform any other duties as requested by SUpervISOr.
Messiah College I One College Avenue I Grantham, PA 170271717-766-2511
Comments Of questions" Contact the
Bradley A. Markley
20 Allen Drive
Hanover, Pennsylvania 17331
( 717) 632-5733
qIJl/O~
Obiective:
To effectively llllUlage a complex pllUlt operation depllrtmcnt in a health care or other setting. Maintaining the lughest
possible standards combined with excellent public relations and personal dnve.
Experience:
September 1998 to Present
The Brethren Home Community
New Oxford PennsylvllJ1i~
Administrator of Plaut Operation I Safety Officer
Responsible to plan for the current and tuture safety and technological systems necessary to fulfill the mission of the
facility. Directly responsible for programming related to Maintenance, Grounds, ProJects, Security, and Safety
Management. Work closely with the facilities Executive Team in coordination, plamring and implementation of the total
organizational mission, Responsible for managing and directing affairs of the Safety Program and the Safety Committee.
Actively plan facility expansion.
AU2ust 1997 to Sept. 1998
The Brethren Home Community
New Oxford Pennsylvania
Assistant Administrator of Health Care
Assist in establishi.ng strategic goals for the facility. Assist in directing operations relating to Nursing, Therapeutic
Activities, Home Health, Rehabihtation Services, Subacute, Special Care and Residential Health. Work independently to
develop new concepts and techniques for achieving goals. Ibe quality of decisions made directly affected the strategic
objectives of the facility along with its financial soundness, staff relations, and pu bIic relations image.
Oct. 1988 to August 1997
ServiceMaster Healthcare Manae:ement Services
Downers Grove minui~
Director ofEnviroDmentaJ Services
Responsible for managerial functions that pertain to Plant Operation, Maintenance, Housekeeping, Laundry, Secunty,
Grounds, and Transportation in health care institutes. Worked with Engineers, Architects and Contractors on construction
pTojects in Health Care Facilities. Completed monthly reports det~i1ine r.orrer-five Maintenance, Preventive Maintenance.
Linen Usage and Inventory, and Performance Improvement actiQtlS.
JUDe 1986 to Oct. 1988
Shady Grove HOSPital
Rockville Maryland
Suoervisor of HV AC and Refril!.eratioll Department
Supervised the operation and maintenance of all hospital heating, air conditioning and refrigeration eqUIpment. Exercised
jw.l~l\Iellt of oontrol for alllIV AC equipment to maintain 111Ql(imum operational status ensuring that the hospital
departments can achieve operational goals.
AfriliatioDS: National Fire Prot",Mjnn Association, Number 000307837. Health Care Section Member
American Society of Heating, Refrigeration and Air Conditioning Engineers, Inc. Number 5183884
National Institute for The Uniform Licensing of Power Engineers, ChIef Engineers l.icense number 209
Professional Grounds Management Society, NUJ.nbcl 1021
Certified Universal HV AC Technician as required by 40 CPR, Part 82; Subpart F. Certification Number
215-88-7485
Certified in CFC 12 Refrigerant Recycling and Service Procedures by Mobil Air Conditioning Society,
# 774971
International Code Council #5231943
l
0c~lb d-- l-.
. , .
Page 1 of 1
Charles Cary - Meeting
-
......
IT"" ............~
A~.~~_.<I'
From:
To:
Date:
11me.
SUbject::
Place:
Kathie Shilfp.r
Gary, Charles; Shafer, Kathie
9/15/2005
1:00:00 PM - 2:00:00 PM
Meeting
OM 234
file://C:\Documents and Settings\user\Local Settings\ T emp\GW }OOOOl.HTM
6/5/2006
Catch up on issues
Discussion per your call to the President - humidity & personal concerns
Kathie
Kathrynne G. Shafer
Vice President for Operations
P.O. Box 3035
Messiah College
Grantham, PA 17027
~messlah,eQy
717-691-6003 (P)
t )(~\ by+- M
c ." ~
MAR-22-06 MON 5:07 PM BVlB IHe,
FAX NO. 117 986 8352
P.
6we,INC.' copy
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BWB, INC.
"l'M IMwcIcIootI CtrNt'
400 Adama SlnIIII. P.O. 801< l'S82, SIIeellon. PA 17113-0582
(717) 93ll-3EI7ll fu ~
Messiah College
Dept of Building and Property Services
One College Avenue, Sox 3001
Grantham, PA 17027
Attn: Chatles Cary
RE: Heating 011 Tanks! Demolished OwelIings
March 22. 2008
All heating all tanka located on the properties which were rued by BWB, Inc. (See Attachec:l) were
completely pumped dry by Messiah College employees and removed by BWB, lne. The tanks were
taken to . Recycling Facility to be processed. Testing of solis around the tanks was not petformed at
the direction of Rod Groff of Messiah eoHege.
I
. . .
-
1-
QF ACTS Web - PA Depatlmtml of Environmental Protection
Permit List for MESSIAH COLL - 589046
"-rt_n.
AuthorIZatIon Id: 421551
Pem1Il: Number. 21-18064
Authorllation5llnae Tank
Type: Ri!glslration/Jlermitllno
Applk:atlon Type: _
Ilatl! ReceM!d: 8/5/1989
Status: Tslued on 8/5/1989.
Facility Permits
_f_
. Slllrage Tan. - 001 (SUb FadIIty 10: 6317~9)
.5tnrage Tank - 002 (SUb Fadlty 10: 631750)
_ Stcnge Tank - OOJ (SUb I<xlIIty 10: 631751)
. Storage Tank - 004 (SUb FIltlty ID: 631752)
. Storage Tank - 005 (SUb FacIlIty ID: 63175'3)
. 5tnrage Tank - 006 (SUb FacIlIty ID: 631754)
- Storage Tank - lXl7 (~"b Facility 10: 631755)
. Storage Tank - 008 (Sub FadIIly 10: 631756)
. 5tnrage Tank. 009 (SUb Facllty 10: 631757)
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i'€SSIAI-KXl.LEGE
Greg,
I havQ list8d the tQnks lIS per our discussion.
Thank you,
Charles. Cary
Tanks Removfd:
Treona
Musser House
Heisey House
Gish House
Blue House
Cllmenhaga
~ite House
Address
302 N. Grantham Road
350 College Avenue
395 Center Drive
360 College Avenue
340 College Ave
2890 Cresttine Drive
2795 Crestline Drive
r
Size
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.. . . .,
CHARLES CARY,
Plaintiff
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
No. 06-440 Civil
VS.
MESSIAH COLLEGE,
Defendant
Jury Trial Demanded
VERIFICATION
I, Charles Cary, the Plaintiff in this civil action, verify that the statements made
in the foregoing Complaint are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn
falsification to authorities.
Date:
/0 (Sf /06
~97
Charles Cary, Plaintiff
CHARLES CARY,
Plaintiff
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
.. . ...
vs.
No. 06-440 Civil
MESSIAH COLLEGE,
Defendant
Jury Trial Demanded
CERTIFICATE OF SERVICE
I, Keith E. Kendall, Esq., Attorney for the Plaintiff, Charles Cary, hereby
certify that I have this date served a true and correct copy of Plaintiffs Complaint
upon the Plaintiffs Attorney by depositing a true and correct copy of the same in the
U.S. Mail, postage pre-paid, return receipt requested, addressed as follows:
Date:
Kathleen D. Bruder, Esq.
Rhoads & Sinon, LLP
1 S. Market Square, 12th FL
PO Box 1146
tfarrisburg,PA 17108-1146 ~-
.L j ~ \
II /~/D~ ~
, I I
Keith E. Kendall, Esq.
Attorney for Plaintiff
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Kathleen D. Bruder, Esquire
Attorney I.D. No. 74425
Kevin M. Gold, Esquire
Attorney LD. No. 70265
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, P A 17108-1146
(717) 233-5731
Attorneys for Defendant
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CHARLES CARY,
v.
MESSIAH COLLEGE,
Defendant
Ou, - Lf"l,O
NO.~6 Jt40 Civil
NOTICE TO PLEAD
TO: Charley Cary
c/o Keith E. Kendall, Esquire
Keith Kendall, P.C.
2415 North Front Street
Harrisburg, P A 17110-1152
You are hereby notified to plead to the enclosed New Matter and Counterclaim within
twenty (20) days from service hereof or a default judgment may be entered against you.
Respectfully Submitted,
RHOADS & SINON LLP
~ j) &AA rf____
Kathleen D. Bruder /
Kevin M. Gold
One South Market Square
Harrisburg, P A 17108-1146
(717) 233-5731
Attorneys for Defendant
Dated: November 27,2006
629121.1
...
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CHARLES CARY,
v.
MESSIAH COLLEGE,
NO. 06-440 Civil
Defendant
ANSWER~ NEW MATTER AND COUNTERCLAIM
Defendant, Messiah College, (hereinafter "Defendant" or "Messiah") by and through
counsel, Rhoads & Sinon LLP, files the within Answer, New Matter and Counterclaim to
Plaintiffs Complaint as follows:
PENNSYLVANIA WHISTLEBLOWERLAW 43 PA.C.S. ~~ 1421-1428
1. Admitted in part and denied in part. It is admitted only that Plaintiff, Charles
Cary, is an adult and has a mailing address of 404 Cascade Road, Mechanicsburg, Cumberland
County, Pennsylvania, 17055. Messiah is without knowledge or information sufficient to a form
a belief as to whether Plaintiff currently resides at 404 Cascade Road, Mechanicsburg,
Cumberland County, Pennsylvania, 17055. Therefore, the remaining averments of this
paragraph are specifically denied.
2. Admitted.
3. Denied. The allegations contained in Paragraph 3 are conclusions of law to which
no responsive pleading is required. To the extent a responsive pleading is required, the same are
denied.
4. Denied. The allegations contained in Paragraph 4 are conclusions of law to which
no responsive pleading is required. To the extent a responsive pleading is required, the same are
denied.
5. Denied. The allegations contained in Paragraph 5 are conclusions of law to which
no responsive pleading is required. By way of further response, Exhibit "A" attached to
Plaintiffs Complaint is a written document that speaks for itself. To the extent a responsive
pleading is required, the same are denied.
6. Admitted in part and denied in part. It is admitted only that Plaintiff was
employed by Messiah as an Assistant Director of Facilities - MechanicaVElectrical Services and
Energy System in the Physical Plant Department from October 2, 2000 to June 11, 2001 when
his title was changed to Manager of Mechanical Services in the Building and Property Services
Department. It is further admitted that the Facilities and Property Services departments were
combined into the Building and Property Services Department effective July 1, 2001. The
remaining averments of this paragraph are denied.
7. Admitted in part and denied in part. It is admitted only that Plaintiff worked as a
Manager of Mechanical Services from June 11,2001 until July 5,2006 when he was terminated
from employment. The remaining averments of this paragraph are denied.
8. Admitted in part and denied in part. It is admitted only that Plaintiffs general
duties as a Manager of Mechanical Services included maintenance and oversight of mechanical,
electrical, and plumbing at Messiah's facilities as well as other duties specifically set forth in his
job description. While it is admitted that Plaintiff was responsible to make sure that there were
periodic inspections of Messiah's mechanical and electrical systems in accordance with
established guidelines, it is denied that Plaintiff was solely or ultimately responsible for
-2-
~
"handling the majority of code and compliance items dealing with the buildings and
environmental systems in and/or upon Defendant's campus; and/or under the control of
Defendant." It is further denied that Plaintiff was solely or ultimately responsible for the
monitoring and compliance by Messiah with all applicable environmental and public safety laws,
rules and regulations.
9. Admitted in part and denied in part. The allegations contained in Paragraph 9 are
conclusions of law to which no responsive pleading is required. Therefore, to the extent a
responsive pleading is required, the same are denied. By way of further answer, it is admitted
only that, as Manager of Mechanical Services, Plaintiff sometimes brought forward suggestions
and general inquiries or reports about the compliance of Messiah's facilities with state, federal,
and local laws and regulations. It is specifically denied that Plaintiff became aware of and
documented "wrongdoing," as that term is defined by the Whistleblower Law, in the form of
certain irregularities, illegal acts and omissions regarding Messiah and its alleged failure and/or
refusal to comply with state and federal, personnel, environmental and public safety codes.
10. Messiah's Answer in Paragraph 9 is incorporated herein as though fully set forth
at length.
11. Denied. The allegations contained in Paragraph 11 are conclusions of law to
which no responsive pleading is required. To the extent a responsive pleading is required, the
same are denied. It is specifically denied that Plaintiff reported "wrongdoing" as that term is
defined by the Whistleblower Law.
lla. Admitted in part and denied in part. It is admitted only that, in 2001, Plaintiff
reported that certain inspections of Messiah's boilers were needed when Messiah had already
engaged third party contractors to handle the necessary inspections and related compliance
- 3 -
issues, if any. It is also admitted that Plaintiff s superior Ken Martin told Plaintiff not to be
concerned with some boiler issues because they were either already being handled by a third
party contractor or because Plaintiffs conclusions were inaccurate with the subject matter being
discussed. It is specifically denied that Dr. Martin told Plaintiff "not to worry about Labor &
Industry inspections because the college was exempt." Moreover, Messiah is without sufficient
information to determine what is meant by "reluctantly" as that term is used in Paragraph 11 a
and it therefore denies that "Plaintiffs superiors reluctantly agreed to address the issues pointed
out by Labor and Industry during their site visit and failed to address other violations reported by
Plaintiff." By way of further answer, the remaining allegations contained in Paragraph lIa are
conclusions of law to which no responsive pleading is required. Also, Exhibit B attached to
Plaintiff's Complaint is a written document that speaks for itself. To the extent a responsive
pleading is required, the same are denied.
11 b. Denied. The allegations contained in Paragraph lIb are conclusions of law to
which no responsive pleading is required. By way of further answer, after reasonable
investigation, Messiah is without knowledge or information sufficient to a form a belief as to the
remaining averments. To the extent a responsive pleading is required, the same are denied.
lIe. Admitted in part and denied in part. It is admitted only that, as Manager of
Mechanical Services, Plaintiff sometimes brought forward suggestions, concerns and/or general
inquiries, in writing or in person, about Messiah's compliance with federal, state and local laws
regarding its water tests and underground storage tanks. While it is admitted that Plaintiff may
have been told that he should not do anything further with his reports because third party
contractors were handling such compliance issues and it was not Plaintiff's responsibility, it is
specifically denied that Plaintiff was told he was "overreacting." By way of further answer, the
- 4-
.lo
remaining allegations contained in Paragraph 1Ic are conclusi~ms of law to which no responsive
pleading is required. Therefore, to the extent a responsive pleading is required, the same are
denied.
11 d. Denied. Messiah is without sufficient information to know what "adequately"
means in paragraph 11 d. Therefore, it is specifically denied that Messiah failed to or refused to
"adequately" address issues raised in Exhibits C, D, and E that are attached to Plaintiffs
Complaint and that are written documents that speak for themselves. By way of further answer,
Messiah is without knowledge or information sufficient to a form a belief as to what individuals
are the "officials of Defendant" identified in Paragraph lId who failed/refused to "adequately"
address the issues, and the identity of the "several high-ranking officials" identified in Paragraph
lId and who were allegedly removed by Messiah as a result of Plaintiffs evidence. Moreover,
Defendant is without knowledge or information sufficient to form a belief as to what Plaintiff
means by "the removal of several high ranking officials." By way of further answer, Ken Martin
resigned from his employment effective June 30, 2004. The remaining averments of this
paragraph are denied.
11 e. Denied. The allegations contained in Paragraph 11 e are conclusions of law to
which no responsive pleading is required. By way of further answer, Exhibit F attached to
Plaintiffs Complaint is a written document that speaks for itself. To the extent a responsive
pleading is required, the same are denied. Moreover, while it is admitted only that Plaintiff
submitted reports regarding Messiah's underground storage tanks and may have been instructed
that he need not take any action with regard to Messiah's underground storage tanks, this
instruction was issued because Messiah contracted with an outside agency to handle its
compliance with applicable laws and regulations with regard to its underground storage tanks.
- 5 -
11 f. Admitted in part and denied in part. It is admitted only that Plaintiff applied on
March 7, 2004 for the vacant position of Director of Building and Property Services for Messiah.
It is further admitted that Messiah reorganized in March 2004 and, as a result, assigned the
management of the Building and Property Services Department to Lois Voigt who was the Vice
President of Finance. Effective May I, 2004, Messiah merged the Building and Property
Services Department with the Departments of Safety, Events and Facilities Services to form the
Department of Facilities and Conference Services and, as a result, Kathie Shafer became the
Director of Facilities and Conference Services at that time. Accordingly, Ms. Shafer became
Plaintiff's supervisor effective May 1, 2004 after this merger. It is specifically denied that
Plaintiff was a "top candidate" for the Director of Building and Property Services position for
which he applied in March 2004 and it is denied that Messiah retaliated against Plaintiff for any
reasons. Moreover, it is specifically denied that Ms. Shafer had any role in the decision not to
consider Plaintiff for the Director of Building and Property Services position in March 2004. By
way of further answer, it is specifically denied that Plaintiff reported any "wrongdoing" as that
term is defined by the Whistleblower Law. Moreover, Defendant is without knowledge or
information sufficient to form a belief as to what Plaintiff means by "removed from
employment." By way of further answer, Ken Martin resigned from his employment effective
June 30, 2004. Also, Exhibit G attached to Plaintiff's Complaint is a written document that
speaks for itself. Therefore, to the extent a responsive pleading is required, the remaining
averments of this paragraph are specifically denied.
11 g. Denied. The allegations contained in Paragraph 11 g are conclusions of law to
which no responsive pleading is required. By way of further answer, Exhibit H attached to
- 6-
Plaintiffs Complaint is a written document that speaks for itself. To the extent a responsive
pleading is required, the same are denied.
Ilh. Denied. It is specifically denied that Kathie Shafer refused to meet with Plaintiff
regarding any environmental compliance issues that he allegedly raised.
11 i. Admitted in part and denied in part. The allegations contained in Paragraph 11 i
are conclusions of law to which no responsive pleading is required. By way of further answer,
Exhibit I attached to Plaintiffs Complaint is a written document that speaks for itself. To the
extent a responsive pleading is required, the same are denied. Moreover, while it is admitted
only that Plaintiff submitted reports regarding the possible presence of mold at some of
Messiah's facilities, Plaintiff was told that he was not required to take any action in this regard
because Messiah contracted with outside agencies to handle its testing. Also, Messiah is without
information sufficient to know in what ways Plaintiff was allegedly "frustrated, disregarded
and/or prevented by Defendant and/or its agents" and therefore denies this allegation.
Ilj. Denied. It is specifically denied that Plaintiff received an artificially low
performance appraisal by Kathie Shafer in October 2004 or that Ms. Shafer retaliated against
Plaintiff. The remaining allegations contained in Paragraph I1j are conclusions of law to which
no responsive pleading is required. By way of further answer, Exhibit J attached to Plaintiffs
Complaint is a written document that speaks for itself. To the extent a responsive pleading is
required, the same are denied.
11 k. Admitted in part and denied in part. It is admitted only that Plaintiff applied on
July 14, 2005 for the Director of Facility Services position at Messiah. It is further admitted that
although Plaintiff was provided an interview for the position, the Search Committee assigned
with the task of filling this position decided Plaintiff was not the best candidate for the position
- 7 -
and removed his name from further consideration. Moreover, it is admitted that the Search
Committee decided to hire Bradley Markley for the position and, although he did not have the
specific educational degree listed in the position advertisement, he did possess more than the
minimum educational background, including accreditations and experience, sought for the
position. By way of further answer, it is specifically denied that Messiah retaliated against
Plaintiff and that Plaintiff made any reports of "wrongdoing" as that term is defined by the
Whistleblower Law in regard to Messiah and/or Ken Martin and "others" as that term is used in
Paragraph llk. Moreover, it is specifically denied that Kathie Shafer removed Plaintiffs name
from consideration for the Director of Facility Services position. Also, Exhibit K attached to
Plaintiff s Complaint is a written document that speaks for itself. Therefore, to the extent a
responsive pleading is required, the remaining averments of this paragraph are specifically
denied.
Ill. Denied. It is specifically denied that Plaintiff called Messiah's President in
September 2005 and informed her that Ms. Shafer directed Plaintiff to lie to students' parents
about test results. By way of further answer, it is denied that Ms. Shafer informed Plaintiff that
Messiah's President did not have time to meet with him, and it is specifically denied that
Plaintiff was "threatened and berated" by Ms. Shafer for contacting Messiah's President.
Moreover, Exhibit L attached to Plaintiffs Complaint is a written document that speaks for
itself. Therefore, to the extent a responsive pleading is required, the remaining averments of this
paragraph are specifically denied.
11 m. Admitted in part and denied in part. It is admitted only that Plaintiff discussed the
annual water testing completed at Messiah with Plaintiffs supervisor, Bradley Markley. It is
also admitted that Mr. Markley did not agree that Messiah should conduct any tests if such tests
- 8 -
were already being performed by the public water provider or a third party contractor.
Moreover, it is admitted that Plaintiff was authorized to perform water testing after Mr. Markley
confirmed such tests would not otherwise be performed by a public water provider or third party
contractor. The remaining averments of this paragraph are denied.
IIn. Admitted in part and denied in part. It is specifically denied that Kathie Shafer
threatened Plaintiff's employment on January 11, 2006, It is admitted only that Ms. Shafer
explained to Plaintiff that no one, including herself, had guaranteed employment with Messiah.
110. Denied. It is specifically denied that Plaintiff was the party responsible for first
informing Kathie Shafer that an audit reported that some of Messiah's underground heating oil
storage tanks may have been illegally registered or that some of the tanks were possibly not
properly and/or legally disposed of by Messiah. Moreover, it is specifically denied that Messiah
disregarded any information it received regarding its underground storage tanks. Moreover, it is
specifically denied that Plaintiff was advised by Ms. Shafer not to worry about the tanks and to
not take any action to address the audit completed in or about March 2006. By way of further
answer, Exhibit K attached to Plaintiffs Complaint is a written document that speaks for itself.
Therefore, to the extent a responsive pleading is required, the remaining averments of this
paragraph are specifically denied.
11 p. Admitted in part and denied in part. It is admitted that that Plaintiff, along with
all other non-high level staff, was not invited to a meeting with Messiah and the EP A regarding
Messiah's underground storage tanks. The remaining averments of this paragraph are denied.
12. The allegations contained in Paragraph 12 are conclusions of law to which no
e
responsive pleading is required. To the extent a responsive pleading is required, the same are
- 9-
denied. It is specifically denied that Plaintiff became aware of and documented "wrongdoing" as
that term is defined by the Whistleblower Law.
13. The allegations contained in Paragraph 13 are conclusions of law to which no
responsive pleading is required. To the extent a responsive pleading is required, the same are
denied. It is specifically denied that Plaintiff became aware of and documented "wrongdoing" as
that term is defined by the Whistleblower Law.
14. The allegations contained in Paragraph 14 are conclusions of law to which no
responsive pleading is required. To the extent a responsive pleading is required, the same are
denied. It is specifically denied that Plaintiff became aware of and documented "wrongdoing" as
that term is defined by the Whistleblower Law.
15. The allegations contained in Paragraph 15 are conclusions of law to which no
responsive pleading is required. To the extent a responsive pleading is required, the same are
denied. It is specifically denied that Plaintiff became aware of and documented "wrongdoing" as
that term is defined by the Whistleblower Law.
16. The allegations contained in Paragraph 16 are conclusions of law to which no
responsive pleading is required. To the extent a responsive pleading is required, the same are
denied. It is specifically denied that Plaintiff became aware of and documented "wrongdoing" as
that term is defined by the Whistleblower Law.
17. The allegations contained in Paragraph 17 are conclusions of law to which no
responsive pleading is required. To the extent a responsive pleading is required, the same are
denied. It is specifically denied that Plaintiffbecame aware of and documented "wrongdoing" as
that term is defined by the Whistleblower Law.
- 10-
WHEREFORE, having fully answered Plaintiff's Complaint, Messiah College
respectfully requests the Court grant judgment in favor of Messiah College and against Plaintiff
and grant such other relief as the Court deems proper.
NEW MATTER
18. Defendant incorporates by reference its responses to Paragraphs 1 through 17 as
though set forth fully herein.
19. Plaintiff's Complaint fails to state a cognizable claim upon which relief may be
granted.
20. Plaintiff s claims are barred, in whole or in part, by the doctrine of laches.
21. Plaintiff's claims are barred, in whole or in part, by the doctrine of unclean hands.
22. Plaintiffs claims are barred, in whole or in part, by the doctrines of waiver and
estoppel.
23. Plaintiff's claims are barred by the statute of limitations.
24. Plaintiff did not engage in any protected activity.
25. Plaintiff did not report any "wrongdoing" as that term IS defined by the
Whistleblower Law, 43 Pa.C.S. S1422.
26. Messiah is not an "Employer" as defined by the Whistleblower Law, 43 Pa.C.S.
S1422.
27. Messiah is not a "Public Body" as defined by the Whistleblower Law, 43 Pa.C.S.
S 1422.
28. Messiah had legitimate business reasons for terminating Plaintiff's employment
with Messiah.
29. Messiah did not retaliate against Plaintiff.
- 11 -
30. Defendant expressly reserves the right to raise additional defenses that become
known after discovery.
WHEREFORE, Messiah College respectfully requests the Court dismiss Plaintiffs
Complaint and enter judgment in favor of Messiah College together with the payment of costs
and attorneys' fees as permitted by law.
COUNTER CLAIMS
COUNT I - CONVERSION
31. Defendant incorporates by reference its responses in the preceding Paragraphs 1
through 30 as though set forth fully herein.
32. Beginning on or about October 2, 2000, in consideration of his employment, and
as a condition thereof, Plaintiff entered into annual employment contracts with Messiah for the
years of October 2, 2000 through June 30, 2006 that required Plaintiff to, among other things,
adhere to stated policies and procedures of Messiah. True and correct copies of said contracts
are attached hereto as Exhibits "A" through "P" and are incorporated herein by reference.
33. In June 2006, Plaintiff agreed to continue his employment at Messiah with the
understanding that he must continue to adhere to the policies and procedures of Messiah. A true
and correct copy of the employment offer is attached hereto as Exhibit "G" and incorporated
herein by reference.
34. Messiah maintains an Information Policy that, among others things, regulates the
use and security of Messiah's confidential and proprietary information. A true and correct copy
of Messiah's Information Policy is attached hereto as Exhibit "H" and incorporated herein by
reference.
- 12-
35. Messiah's Information Policy requires in its "Responsibilities of Information
Users" section that its managers, including Plaintiff, are authorized only to use Messiah
information for the purposes for which it has been authorized. The Policy also requires Plaintiff
to comply with all reasonable and prudent privacy, confidentiality, protection and control
procedures for information as to which they have been granted access. Plaintiff is also required
to take appropriate measures with respect to processing information and to guard against
unauthorized modification, destruction or disclosure of information, whether accidental or
intentional.
36. As evidenced by the Exhibits attached to Plaintiffs Complaint, Plaintiff misused
Messiah's confidential and proprietary information and removed Messiah's various inter-office
memos and other correspondence, organizational data, third party contractor reports,
governmental correspondence with Messiah, personnel forms and documents, and other
confidential and proprietary documents from Messiah's premises, continues to possess such
documents, has not maintained the confidentiality of such documents and, upon information and
belief, has used the documents to his benefit by filing the Complaint against Messiah.
37. Through his unauthorized use and possession, Plaintiff has deprived, and
continues to deprive, Messiah of the confidentiality of its proprietary documents that were
obtained from Messiah while Plaintiff was employed in a management position of trust and
confidence.
38. Plaintiff does not have lawful justification to keep and use the documents for his
own benefit or to make such documents public.
- 13 -
39. Plaintiff has failed to return the documents owned by Messiah, despite being
legally obligated to do so.
40. As a direct and proximate result of Plaintiffs unlawful conversion of Messiah's
documents, Messiah has suffered, and will continue to suffer, economic and non-economic
damages.
41. Plaintiffs conduct was willful, malicious, intentional, wanton and/or reckless,
thereby entitling Messiah to an award of punitive damages.
WHEREFORE, Defendant respectfully requests the Court grant judgment in favor of
Defendant and against Plaintiff in an amount in excess of $25,000 plus costs, attorneys' fees, and
grant such other relief as the Court deems proper.
COUNT II - MISAPPROPRIATION
42, Defendant incorporates by reference its averments in Paragraphs 1 through 41 as
though set forth fully herein.
43. Plaintiff misappropriated Messiah's trade secrets and confidential information
without the authorization of Messiah by removing them from Messiah's premises and by
revealing and divulging the content of such materials.
44. As a direct and proximate result of Plaintiff s misappropriation of the records and
documents, Messiah has suffered, and will continue to suffer, economic and non-economic
damages.
- 14-
. \ . .
45. Such damages include, but are not limited to, damage to its reputation, loss of
business opportunities, loss of competitive advantages, and disclosure of trade secrets and
confidential and proprietary information.
46. Plaintiffs conduct was willful, malicious, intentional, wanton and/or reckless,
thereby entitling Messiah to an award of punitive damages.
WHEREFORE, Defendant respectfully requests the Court grant judgment in favor of
Defendant and against Plaintiff in an amount in excess of$25,000 plus costs, attorneys' fees, and
grant such other relief as the Court deems proper.
INJUNCTIVE RELIEF
47. Defendant incorporates by reference its averments in Paragraphs 1 through 46 as
though set forth fully herein.
48. In view of the actions of Plaintiff referred to herein, Messiah is entitled to
injunctive relief as follows:
a. Prohibiting Plaintiff from making any use of Messiah's trade secrets and
confidential and proprietary information in any way;
b. Prohibiting Plaintiff from the further disclosure in any form of Messiah's trade
secrets and confidential and proprietary information;
c. Requiring Plaintiff to return any record, internal document, or other proprietary
information, stored as a paper document or in electronic format on any of Plaintiff s personal
computers or other electronic devices, that originated from or at Messiah or that contains, refers
to or relates to Messiah's trade secrets and confidential and proprietary information.
d. Sealing all of the Exhibits attached to Plaintiff s Complaint.
- 15 -
WHEREFORE, Defendant respectfully requests that the Court enter an injunction as
provided for above and grant such other relief as the Court deems proper.
Respectfully Submitted,
RHOADS & SINON LLP
~])/~
Kathleen D. Bruder l
Kevin M. Gold
One South Market Square
P. O. Box 1146
Harrisburg, PAl 71 08-1146
(717) 233-5731
Attorneys for Defendant
- 16-
EXHIBIT A
MESSIAH COLLEGE
CONTRACT
~
It is agreed by and between MESSIAH COLLEGE, employer, and
Charles Cary
Employee, that employee shall render services in the capacity indicated
below forme fiscal year 2001 - 2002
Assignment:
Assistant Director of Facilities !Plant Systems
For this service, employer agrees to pay employee
$46,580.00 for Regular Full Time service from July 1, 2001, through June 30, 2002, payable July
13, 2001 through June 28, 2002.
2629-6120
Employee benefits may be subject to review and revision during the term of this contract.
By signing this contract, the employee indicates that he/she affirms the Apostle"s Creed; supports the
Identity and :Mission Statement, Foundational Values, Confession of Faith, and College-Wide
Educational Objectives of Messiah College; agrees to perform the duties as assigned and adhere to
..- stated policies and procedures of the College; and agrees to abide by the Community Covenant
whenever hislher life intersectS with that of the College.
Messiah College
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Employee
Date
Messiah Colkge does not discriminate on the basis of gerJer. raa, roIDr, ag~ disability, QT" 11IlI:iontJ or ~ origin.
-
, . ~
EXHIBIT B
, ~ ..
MESSIAH COLLEGE
CONTRACT
It is agreed by and between MESSIAH COllEGE, employer, and
Charles Cary
Employee, that employee shall render services in the capacity indicated
below for the flSCal year 2002 - 2003
Assigmnent:
Manager of Mechanical Services
For this service, employer agrees to pay employee
$48,210.00 for Full Time 12 Months service from July 1, 2002, through June 30, 2003, payable
July 15, 2002through June 30, 2003.
2629-6120 100%
Employee benefits may be subject to review and revision during the term of this contract.
By signing this contract, the employee indicates that he/she affirms the Apostle's Creed; supports the
Identity and NUssion Statement, Foundational Values, Confession of Faith, and College-Wide
Educational Objectives of Messiah College; agrees to perform the duties as assigned and adhere to
stated policies and procedures of the College; and agrees to abide by the Community Covenant
whenever his/her life intersects with that of the College.
Messiah College
by
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Authorized Officer
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Date
Messiah Col!tg! t:i.res not discriminate on. the basis of ~ race, coIm, af1!, disability, or nat:ianal or ethnU: origin.
. .
EXHIBIT C
. .
MESSIAH COLLEGE
CONTRACT
It is agreed by and between MESSIAH COllEGE, employer, and
Charles Cary
Employee, that employee shall render services in the capacity indicated
below for the fiscal year 2003 - 2004
Assignment:
~anagerof~echanicaISenrices
For this service, employer agrees to pay employee
$49,897.00 for Full Time 12 ~onths service EromJuly 1,2003, tlttoughJune 30, 2004, payable
July 15,2003 through June 30, 2004.
2629-6120100%
Employee benefits may be subject to review and revision during the term of this contract
By signing this contract, the employee indicates that hel she affirms the Apostle's Creed; supports the
Identity and Mission Statement, Foundational Values, Confession of Faith, and College-Wide
Educational Objectives of Messiah College; agrees to perfonD the duties as assigned and adhere to
stated policies and procedures of the College; and agrees to abide by the Community Covenant
whenever his/her life intersects with that of the College.
Messiah College
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by Authorized Officer
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Date
Date
Mmiah College does not discriminate on the bcuis of gender, race, color, age, disability, or national or ethnic origin.
. .. .\. .
EXHIBIT D
. .
MESSIAH COLLEGE
CONTRACT
It is agreed by and between MESSIAH COllEGE, employer, and
Charles Cary
Employee, that employee shall render services in the capacity indicated
below for the fiscal year 2004 - 2005
Assignment
Manager of Mechanical Services
For this service, employer agrees to pay employee
$51,743.00 for Full Time 12 Months service from July 1, 2004, through June 30, 2005, payable
July 15, 2004 through June 30, 2005.
2629-6120 100%
Employee benefits may be subject to review and revision during the term of this contract.
By signing this contract, the employee indicates that he/she aff1.rms the Aposde's Creed; supports the
, Identity aflllMission Statement, Foundatiunal Values, Confessio:lofFaith, and College-Wide
Educational Objectives of Messiah College; agrees to perform the duties as assigned and adhere to
stated policies and procedures of the College; and agrees to abide by the Community Covenant
whenever his/her life intersects with that of the College.
Messiah College
by
Authori2ed Officer
~C?
C,/d-/Olj
Date
Employee
Date
Messiah College does not di!C1iminate on the basis of gender, race, color, age, di/ability, or national or ethnic origin.
. . " ..
EXHIBIT E
.. \ ) ..
I MESSIAH
II COLLEGElU
CONTRACT
It is agreed by and between MESSIAH COLLEGE, employer, and
Charles Cary
Employee, that employee shall tender services in the capacity indicated
. below for the fiscal year 2005 - 2006
Assignment
~anagerof~echanicalSe~ces
For this service, employer agrees to pay employee
$53,347.00 for Full Time 12 Months service from July 1, 2005, through June 30,2006, payable
July 15,2005 through June 30, 2006.
2629-6120 - 100%
Employee benefits may be subject to review and revision during the term. of this contract.
By signing this contract, the employee indicates that he/she affirms the Apostle's Creed; supports the
Identity and Mission Statement, Foundational Values, Confession of Faith, and College-Wide
Educational Objectives of Messiah College; agrees to perform the duties as assigned and adhere to
stated policies and procedures of the College; and agrees to abide by the Community Covenant
whenever his/her life intersects with that of the College.
Messiah College
by
~~Offi=
h ';L-D'S'
Date
~~ C-y
ro/q /05'
Date
Messiah College dou not discriminate on the basis of gender, race, (OIor, age, disability, or national or ethnic origin.
.... ,.. .
EXHIBIT F
. *' I ~ .
MESSIAH COLLEGE
CONTRACT
It is agreed by and between :MESSIAH COllEGE, employer, and
Charles Cat)'
Employee, that employee shall render services in the capacity indicated
below for the fiscal year 2000 . 2001
Assignment:
Assistant Director of Facilities
Plant Systems
For this service, employer agrees to pay employee
$33,750.00 for Full Time service during the period of October 2, 2000, through June 30, 2001,
payable October 15, 2000 through June 30, 2001.
Annualized Salary: $45,000
Employee benefits may be subject to review and revision during the term of this contract.
-
By signing this contract, the employee indicates that he/she affinns the Apostle)s Creed; supports the
Identity and Mission Statement, Foundational Values) Confession of Faith, and College-Wide
Educational Objectives of Messiah College; agrees to perform the duties as assigned and adhere to
stated policies and procedures of the College; and agrees to abide by the Community Covenant
whenever his/her life intersects with that of the College.
Messiah College
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Date
Messiah ~ does not ciismmint:tte Gn tf.e basis of grnJer, Taa?, aior. ~ disdbiJir:y. or1'1fllimal or etJnic oriin-
-
'. , .. ..
EXHIBIT G
'. .... It
aMESSJAH
IilICOLLEGE.
Department of Human Resources
June 2006
Charles Cary
404 Cascade Road
Mechanicsburg, PA 17055
Dear Charles,
I am pleased to confirm that your annual base pay for your assignments listed below will be $55,214, effective July 1,
2006, Paychecks currently are generated semi-monthly and will be processed on, or before, the 15th and 30th of each
month.
Title I ,\ccount(s) .'oh Dates II.... Pay
Manager of Mechanical Services
Account(s): 2629-6120 (100%)
7/1/2006 - 6/30/2007
2080
$55,214
Totals:
2080 $55,214
This is a letter of appointment and serves to confIrm the terms of your employment in which you are employed at-will.
This appointment is considered to be a full time, administrative appointment.
This letter is not intended to create a contract nor constitute a promise or guarantee of continuing employment. Either
you or the College may end the relationship at any time with or without cause.
By accepting this appointment, you are indicating that you affmn the Apostles' Creed; support the Identity and
Mission Statement, Foundational Values, Confession of Faith, and College-Wide Educational Objectives of Messiah
College; agree to perform the duties as assigned and adhere to the policies and procedures of the College; and agree to
abide by the Community Covenant whenever your life intersects with that of the College. Information on the above
items can be found by visiting the About Messiah and Human Resources sections of Messiah's website.
For any questions regarding information contained in this letter, please contact Kathy Castonguay, in Human
Resources, at (717) 796-1800 x.7086.
Sincerely,
Jr'~ .J. (J~
Kim S. Phipps
President
'. . ' .
EXHIBIT H
.. ., ..
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Information Policy
PURPOSE:
To establish a policy framework for the use and security of College information
and the responsibility for
the protection of those assets. All other College policies related to information
must comply with this
policy. It is primarily constructed to address the management of computer
based information, but the
management of paper files and all other information systems must also comply
with this policy,
regardless of the office in which they reside or the format that is used. Note
that this policy does not
speak directly to the issue of communicating information.
Information Policv (PDF file)
The full information policy is here.
Author: Information Technology Committee
Approval: College Council
Created: 11/2005
Revised: 11/2005
Messiah College lOne College Avenue I Grantham, PA 170271717-766.2511
Comments or questions? Contact ITS Ooerations.
@ 2006 Messiah Collaae
'. ~, <<
Messiah College Information Policy
PURPOSE
To establish a policy framework for the use and security of College information and the responsibility for
the protection of those assets. All other College policies related to information must comply with this
policy. It is primarily constructed to address the management of computer based information, but the
management of paper files and all other information systems must also comply with this policy,
regardless of the office in which they reside or the format that is used. Note that this policy does not
speak directly to the issue of communicating information (See policies listed at the end for examples of
communication policy.)
DEFINITIONS
Note: these explanations may not be definitive in all contexts.
Data - Raw facts that are not necessarily organized into useful formats.
Information - Data that are processed, organized and converted into a form that is useful and meaningful
to College personnel who need to use or maintain that data.
Institutional Information - Information owned by the College, or that the College has a right to use, in
order to conduct College business. In general, any data that resides in a College owned system is
institutional information. All institutional information, whether maintained in a centralized system or
copied into other data systems (e.g. personal computers) remains the property of Messiah College.
Information System - A mechanism (or collection of mechanisms) that helps to control and manage
processes related to the acquisition, manipulation, maintenance and dissemination of data and
information.
Information Administrator - An administrator who is responsible for institutional information as
defined in the section Responsibilities of Information Administrators. In conjunction with the
primary information manager, an administrator defines the information to be gathered, develops the
format in which it is stored, insures the accuracy and completeness of that information, and
establishes use and protection requirements.
Information Custodian - Custodians are appointed by the appropriate administrator, and are those to
whom are delegated all or part of the administrator's information responsibility.
Information Mana2:er - Any individual who is responsible for implementing and maintaining delivery
systems for institutional information. The manager works in conjunction with the administrator to
implement and facilitate decisions of the information administrator. In the context of computer based
information systems, the manager is assumed to be the Chief Information Officer.
Information Snecialist - Any individual who has the responsibility to maintain or otherwise change or
add to the information base of the College.
Information User - Any individual who needs to have access to the College's information and who has
been properly authorized by an information administrator to have the requisite access. Note that all
other categories of individuals described in this document are also information users, in addition to
the majority of the campus community who are information users not otherwise described.
Centralized versus Decentralized Information - A distinction is made between these two types of
information. Essentially, information is declared centralized by the Chief Information Officer, in
conjunction with appropriate information administrators; otherwise it is decentralized. Depending on
specific characteristics, information may be designated as centralized for reasons such as: the need to
integrate with other information; the level of criticality to the College; the number, departments and
roles of people requiring access; support issues; etc.
Information Policy
Page
Revised and Approved: Nov-2005
.. " ..
POLICY
1. Information is a vital College asset.
2. Institutional information shall be used solely for the legitimate business of the College.
3. Access to institutional information will be provided for faculty, administration or staff who have a
"need to know" in order to conduct the College's business.
4. The College will meet all legal obligations concerning the gathering, storage, use and disclosure of
College information.
5. The College reserves the right to place certain restrictions on the gathering, storage, use and
disclosure of College information which is not covered under the College's legal obligations.
6. The integrity of institutional information must be guaranteed. All who use the information have the
right to expect it to be accurate.
7. Reasonable and prudent care must be taken to protect all institutional information from unauthorized
modification, destruction or disclosure, whether accidental or intentional. While recognizing the
College's responsibility toward the security of information, the procedures established to protect that
information must not unduly interfere with the efficient conduct of College business.
8. The cost of information protection must be commensurate with the value of the information and the
legal implications governing the privacy of such information.
9. Reasonable and prudent care must be taken to provide adequate archival storage of institutional
information.
10. Reasonable and prudent care must be taken to provide timely restoration of necessary information in
the event of a loss, whether through a natural disaster or by intentional or unintentional human action.
RESPONSIBILITIES OF INFORMATION ADMINISTRATORS
The President is responsible for all institutional information. The President designates primary
information administrators who are responsible for specific areas of College information and
corresponding procedures related to the creation, access, maintenance, and use of that information. It
should be noted that there are many areas where information overlaps two or more areas of responsibility.
In these cases, the coordination that needs to occur is the responsibility of the senior administrator who is
currently responsible for information technology.
The current designated primary institutional information administrators are as follows. Examples of
information controlled by each position are given, but are not necessarily comprehensive.
I. The President, controlling information related to human resources, institutional planning and all
governing board and legal information.
2. The Provost, controlling all information related to students (both curricular and co-curricular), faculty
and curriculum.
3. The Vice President for Advancement, controlling information related to alumni, donors, enrollment
management, financial aid, and public relations.
4. The Vice President for Finance, controlling information related to finances and information
technology .
5. The Vice President for Operations controlling information related to facilities and auxiliary services.
A primary administrator may delegate all or part of his or her responsibility for an area of information to
an individual or individuals (called information custodians) reporting to that primary administrator. The
primary or designated information administrator, in conjunction with the ChiefInformation Officer, is
responsible for:
1. Establishing access and utilization criteria for the information.
2. Defining retention requirements for the information.
3. Defining criteria for archiving the information to satisfy the defined information retention
Information Policy
Page 2
Revised and Approved: Nov-2005
.. I' .,
requirements.
4. Defining reasonable and prudent requirements for protecting the information asset.
5. Specifying information control and protection requirements to which all information users must
adhere.
6. Developing a workable plan for resuming operations in the event of loss of information.
RESPONSIBILITIES OF INFORMATION CUSTODIANS
Information custodians are responsible for the information responsibilities in a given functional area, as
designated by the information administrator. (See the Messiah College Data Standards Manual for more
detail on common responsibilities of information custodians.)
RESPONSIBILITIES OF INFORMATION MANAGERS
The Chief Information Officer is the institutionally designated primary information manager for all
centralized, computer based information. Responsibilities will be delegated as needed and include:
1. Taking appropriate measures with respect to the processing of institutional information to guard
against unauthorized modification, destruction, or disclosure, whether accidental or intentional.
2. Adhering to all protection and control criteria.
3. Implementing such standards, procedures and guidelines in conjunction with and as approved by the
information administrators as may be necessary to insure date security and to provide controlled
access to confidential, privileged or otherwise sensitive information.
4. Implementing backup and archive procedures in cooperation with and with the approval of the
information administrators to preserve vital information along with the programs or procedures which
process that information in the event of destruction or disaster.
5. Following reasonable standards with respect to the design, testing and documentation of computer
programs or other procedures to ensure that the College's computer based information systems
enforce proper use and accuracy of processing results.
6. Monitoring use of decentralized information, and making suggestions for improvements in
compliance with College policy.
Decentralized information is managed by the organizational units or individuals responsible for its use.
They should be working with the College's information manager to ensure appropriate disposition of their
information related responsibilities. Managers of such information are designated by the appropriate
information administrator and are responsible for:
1. Taking appropriate measures with respect to the processing of the information to guard against
unauthorized modification, destruction, or disclosure, whether accidental or intentional.
2. Adhering to all protection and control criteria.
3. Implementing such standards, procedures and guidelines in conjunction with and as approved by the
information administrators as may be necessary to insure data security and to provide controlled
access to confidential, privileged or otherwise sensitive information.
4. Implementing backup and archive procedures in cooperation with and with the approval of the
information administrator to preserve vital information and the procedures which process that
information in the event of destruction or disaster.
5. Creating reasonable, accurate, and friendly procedures for the use of the information.
Information Policy
Page 3
Revised and Approved: Nov-200S
. .. \' ..
RESPONSIBILITIES OF INFORMATION SPECIALISTS
Information specialists are those individuals who maintain College information for the authorized use of
College personnel, or those whom the College designates. (See the Messiah College Data Standards
Manual for further details on common responsibilities of information specialists.) They are responsible
for:
1. Maintaining the accuracy and integrity of the information to which they have been granted access.
2. Adhering to College guidelines for the maintenance of data.
RESPONSIBILITIES OF INFORMATION USERS
Information users are those individuals or offices who maintain and use College information for College
purposes, in accordance with the policies of the College and the various information administrators. All
previously defined categories of people are also information users. Information users are responsible for:
1. Using the College information only for the purposes for which it has been authorized.
2. Reporting issues related to the accuracy and integrity of the information to which they have been
granted access.
3. Knowing the privacy and confidentiality guidelines and policies of the College with respect to the
information to which they have been granted access.
4. Complying with all reasonable and prudent privacy, confidentiality, protection and control procedures
for information to which they have been granted access.
5. Not transferring, duplicating or recreating information to which they have been granted access
without the approval of the appropriate information administrator.
6. Reporting any non-compliance or error related to College information policies, including cases where
access to data has been granted in error.
7. Taking appropriate measures with respect to the processing of information to guard against
unauthorized modification, destruction or disclosure of information, whether accidental or intentional.
8. For centralized information, adhering to established backup and archival requirements.
9. For decentralized information, implementing backup and archive procedures in cooperation with the
information administrator and Chief Information Officer to preserve vital information along with the
programs or procedures which process that information in the event of destruction or disaster.
SELECTED POLICIES RELATED TO INFORMATION
Significant information policies that comply with and enhance this policy include:
1. Messiah College Computing Access Policy. This is the primary policy governing the
appropriate use of the College's computing and network resources.
2. Messiah College Data Standards Manual. This is a procedure and policy manual governing the
maintenance and ownership of administrative data.
3. Internal Communications Policy. This is the primary policy articulating College expectations
for how members of the community communicate with each other, and what mechanisms are
used (e.g. email, phone, web, etc.)
4. Web Copyright and Objectionable Content Policy. This is one of the policies dealing with
College expectations related to copyright and the dissemination of objectionable material using
college resources.
5. ITS policies such as the Software Piracy Policy and Password Policy. (See ITS website.)
Information Policy
Page 4
Revised and Approved: Nov-2005
. I' ~
VERIFICATION
Amanda Coffey, Director of Human Resources, Messiah College., deposes and says,
subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities, that
the facts set forth in the foregoing ANSWER, NEW MATTER AND COUNTERCLAIMS are
true and correct to the best of her knowledge, information and belief.
Date: ~fiN. ;;J 7 . ;21) /) ft;
~AD~ ~
Amanda Coffey r
. .. 't,l' ..
CERTIFICATE OF SERVICE
I hereby certify that on November 27, 2006, a true and correct copy of the foregoing
ANSWER, NEW MATTER AND COUNTERCLAIM was served by means of United States
mail, first class, postage prepaid, upon the following:
Keith E. Kendall, Esquire
Keith Kendall, P.C.
2415 North Front Street
Harrisburg, P A 1711 0-1152
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CHARLES CARY,
Plaintiff
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
VB.
(xp-L{l/'70
No. ~6 44Q..Civil
MESSIAH COLLEGE,
Defendant
Jury Trial Demanded
PLAINTIFF'S PRAECIPE TO DISCONTINUE AND END
LITIGATION, WITH PREJUDICE, PURSUANT TO PENNSYLVANIA
RULE OF CML PROCEDURE 229
TO THE PROTHONOTARY:
Pursuant to Pennsylvania Rule of Civil Procedure 229, kindly mark the above-
captioned matter discontinued and ended, with prejudice, as to all parties.
Dated: February 7, 2007
~%
,
Keith E. Kendall, Esquire
Attorney for Plaintiff
2415 N. Front Street
Harrisburg, P A 17110
Telephone: (717) 236-9539
Facsimile: (717) 236-0843
Attorney J.D. No.: 42910
~I
1
... .....
CHARLES CARY,
Plaintiff
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
0f0-l/l/1{)
No. 00-44& Civil
MESSIAH COLLEGE,
Defendant
Jury Trial Demanded
CERTIFICATE OF SERVICE
I, Keith E. Kendall, Esq., Attorney for the Plaintiff, Charles Cary, hereby
certify that I have this date served a true and correct copy of Plaintiffs Praecipe for
Discontinuance upon the Defendant's Attorney by depositing a true and correct copy
of the same in the U.S. Mail, postage pre-paid, return receipt requested, addressed as
follows:
Kathleen D. Bruder, Esq.
Rhoads & Sinon, liP
1 S. Market Square, 12th FI.
PO Box 1146
Harrisburg, P A 17108-1146
Date:
')-/7/D7
~
~
Keith E. Kendall, Esq.
Attorney for Plaintiff
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