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HomeMy WebLinkAbout99-07799 ?S s Q o° 0 i L ?I f i i LLw i I' i C1 ob r I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Dr. Robert P. Miller Superintendent of South Middleton School District, Appellant No. Q?? 77Q/ t?jor ?£2H7 V. Board of School Directors of South Middleton School District, Respondent NOTICE OF APPEAL AND NOW, this 30" day December, 1999, comes the Appellant, Dr. Robert P. Miller, by and through his counsel, Patricia Carey "Zucker of Balaban and Balaban, to file this appeal of the December 4, 1999 Adjudication of the Board of School Directors of South Middleton School District, attached hereto as Exhibit "A," pursuant to the Local Agency Law, 2 Pa. C. S. §§ 752 and r t 753 (a) and (b). Also, pursuant to 2 Pa. C. S. § 754, Appellant requests an appeal do novo bcl'orc the Court as the record bcf'orc is incomplete and the hearing/meeting invalid and not in accordance with the law. 12espectfidly submitted, 13ALA13AN AND 13ALABAN Zucker, Covernors' Row t-1 27 N. Front Street 11.0. Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 Date: December 30, 1999 Exhibit A IN THE MATTER OF THE DISTRICT : BEFORE THE BOARD OF SCHOOL SUPERINTENDENT'S CONTRACT OF : DIRECTORS OF SOUTH DR. ROBERT P. MILLER : MIDDLETON SCHOOL DISTRICT ADJUDICATION AND NOW, this 4th day of December, 1999, after careful consideration of all evidence coming before it, the Board of School Directors finds, adjudicates and decides: 1. That Dr. Robert P. Miller, Superintendent of this School District, is unable to perform his duties by reason of conditions occurring from his illness (stroke); and 2. That Dr. Miller's inability aforesaid extends beyond all sick or other usable leave to which he is entitled; THEREFORE, it is determined pursuant to the first sentence of Section 7.00 of Article VII of District Superintendent's Contract dated September 18, 1995 ("Contract") that Dr. Miller's salary is reduced to zero effective immediately, but that non-salary benefits be continued without reduction. This decision shall remain in effect indefinitely. The Board of School Directors will permit the question of Dr. Miller's salary to be reviewed in the event Dr. Miller cooperates in a comprehensive neuropsychological evaluation, including vocational testing, as previously requested. It is directed that true and correct copies of this decision be sent this date to Dr. Miller and his attorney by regular first-class mail and certified mail, return receipt requested, and by facsimile transmission to Patricia Carey Zucker, Esquire. Pqx IN WITNESS WHEREOF, the Board has caused this adjudication to be executed on its behalf by its President and attested by its Secretary the day and year first mentioned above. SOUTH MIDDLETON SCHOOL DISTRICT By: zz ? President, Board of School Directors ATTEST: Secret CERTIFICATE OF SERVICE AND NOW, this 30"' day of December, 1999, 1, Patricia Carey Zucker, hereby certify that I served a true and correct copy of the foregoing NOTICE OF APPEAL upon the following individuals by placing this document in the United States Mail, First-class postage prepaid in Harrisburg, Pennsylvania, addressed as follows: FIRST CLASS U.S. MAIL POSTAGE PREPAID: Richard Snelbaker, Esq. Snelbaker, Brennenman, and Spare 44 West Main Street Mechanicsburg, PA 17055 Attorney for Respondent Date: December 30, 1999 rT t_ L. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dr. Robert P. Miller Superintendent of South Middleton School District, Appellant No. 99- V97 V. Board of School Directors of South Middleton School District, Respondent NOTICE OF APPEAL AND NOW, this 30"' day December, 1999, comes the Appellant, Dr. Robert P. Miller, by and through his counsel, Patricia Carey Zucker of Balaban and Balaban, to file this appeal of the December 4, 1999 Adjudication of the Board of School Directors of South Middleton School District, attached hereto as Exhibit "A," pursuant to the Local Agency Law, 2 Pa. C. S. §§ 752 and 753 (a) and (b). TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seat of said Cotiq at Carlisle, Pa. Thf° day of 19 , othonotary Also, pursuant to 2 Pa. C. S. § 754, Appellant requests an appeal de novo before the Court as the record before is incomplete and the hearing/meeting invalid and not in accordance with the law. Respectfully submitted, BALABAN AND BALABAN Zucker, Esqu riiovemors' Row v 27 N. Front Street P.O. Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 Date: December 30, 1999 {r- k Exhibit A IN THE MATTER OF THE DISTRICT BEFORE THE BOARD OF SCHOOL DIRECTORS OF SOUTH SUPERINTENDENT'S CONTRACT OF MIDDLETON SCHOOL DISTRICT DR. ROBERT P. MILLER ADJUDICATION AND NOW, this 4th day of December, 1999, after careful consideration of all evidence coming before it, the Board of School Directors finds, adjudicates and decides: 1. That Dr. Robert P. Miller, Superintendent of this School District, is unable to perform his duties by reason of conditions occurring from his illness (stroke); and 2. That Dr. Miller's inability aforesaid extends beyond all sick or other usable leave to which he is entitled; THEREFORE, it is determined pursuant to the first sentence of Section 7.00 of Article VII of District Superintendent's Contract dated September 18, 1995 ("Contract) that Dr. Miller's salary is reduced to zero effective immediately, but that non-salary benefits be continued without reduction. This decision shall remain in effect indefinitely. The Board of School Directors will permit the question of Dr. Miller's salary to be reviewed in the event Dr. Miller cooperates in a comprehensive neuropsychological evaluation, including vocational testing, as previously requested. It is directed that true and correct copies of this decision be sent this date to Dr. Miller and his attorney by regular first-class mail and certified mail, return receipt requested, and by facsimile transmission to Patricia Carey Zucker, Esquire. EXH1BlT? Y IN WITNESS WHEREOF, the Board has caused this adjudication to be executed on its behalf by its President and attested by its Secretary the day and year first mentioned above. SOUTH MIDDLETON SCHOOL DISTRICT By: President, Board of School Directors ATTEST: SecretW ly.:_ CERTIFICATE OF SERVICE AND NOW, this 30°' day of December, 1999, 1, Patricia Carey -Zucker, hereby certify that I served a true and correct copy of the foregoing NOTICE. OF APPEAL upon the following individuals by placing this document in the United States Mail, First-class postage prepaid in Harrisburg, Pennsylvania, addressed as follows: FIRST CLASS. U.S. MAIL. POSTAGE PREPAID: Richard Snelbaker, Esq. Snelbaker, Brennenman, and Spare 44 West Main Street Mechanicsburg, PA 17055 Attorney for Respondent Date: December 30, 1999 DR. ROBERT P. MILLER, Superintendent of South Middleton School District, Appellant V. BOARD OF SCHOOL DIRECTORS OF SOUTH MIDDLETON SCHOOL DISTRICT, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7799 CIVIL TERM RESPONDENT'S PRELIMINARY OBJECTIONS TO NOTICE OF APPEAL AND NOW, comes the Respondent, Board of School Directors of South Middleton School District, through its attorneys, Snelbaker, Brenneman & Spare, P. C. and files the within preliminary objections to Appellant's Notice of Appeal pursuant to Pa.R.C.P. No. 1028(a) as follows: 1. Preliminary Objection on Ground of Lack of Conformity to Pennsylvania Rules of Civil Procedure 1. The Notice of Appeal fails to set forth the material facts on which the appeal is based in violation of Pa.R.C.P. 1019(a). 2. The Notice of Appeal fails to set forth material allegations in numbered paragraphs as required by Pa.R.C.P. 1022. 3. The Notice of Appeal does not contain a verification as required by Pa.R.C.P. No. 1024. WHEREFORE, Respondent respectfully requests your Honorable Court to strike and/or LAW orriccs SNELOAKER. BRENNEMAN fk SPARE dismiss the Appeal with prejudice, and to enterjudgment in favor of the Board of School II Directors of South Middleton School District. 11. Preliminary Objection in the Nature of Legal Insufficiency (Demurrer) 4. The Notice of Appeal fails to set forth any facts to support the unwarranted series of legal conclusions that "the record before is incomplete and the hearing /meeting invalid and not in accordance with the law." 5. The Notice of Appeal fails to set forth any facts in support of Appellant's request for a hearing de novo before this Court. 6. The Notice of Appeal fails to set forth a cause of action upon which relief can be granted. WHEREFORE, Respondent respectfully requests your Honorable Court to strike and/or dismiss the Appeal with prejudice, and to enterjudgment in favor of the Board of School Directors of South Middleton School District. III. Preliminary Objection on the Ground of Insufficient Specificity Pursuant to Pa R C P No 1028(a)(3) 7. The Notice of Appeal is insufficiently specific because it fails to set forth the grounds upon which it is based. 8. The Notice of Appeal does not adequately inform Respondent or this Court of the specific issues to be addressed in this Local Agency Appeal. WHEREFORE, Respondent respectfully requests your Honorable Court to strike and/or dismiss the Appeal with prejudice, and to enterjudgment in favor of the Board of School Directors of South Middleton School District. In the event that the Notice of Appeal is not LAW OFFICES II SNELBAKER, -?- 13RENNEAIAN & SPARE dismissed or stricken on other grounds, Respondent hereby moves ror a Court Order directing Appellant to file a more specific pleading. SNELBAKER, BRENNEMAN R SPARE, P. C. BY:_ Phi p 1-1. Sp. e, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Respondent Board of School Directors of South Middleton School District Date: January 18, 2000 LAW OFFICCI SNELOAKER. BRENNEMAN & SPARE 11 -1- CERTIFICATE 01' SI.Ryi-cE 1, PHILIP 1-1. SPARE, ESQUIRI-, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Preliminary Objections to be served upon the person and in the manner indicated below: PIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Patricia Carey Zucker, Esquire Balaban & Balaban 27 N. Front Street P. o. Box 1284 Harrisburg, PA 17108-1284 ?J Philip li. Spare, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. 0. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Respondent Board of School Directors of South Middleton School District Date: January 18, 2000 LAW OFFICC5 II SNELOAKER. BRENNEMAN 8 SPARE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dr. Robert P. Miller Superintendent of South Middleton School District, Appellant No. 99-7799 Civil Term V. Board of School Directors of South Middleton School District, Respondent ORDER AND NOW, this _ day of 2000, upon consideration of Appellant's Preliminary Objections to Respondent's Preliminary Objections to Appellant's Notice of Appeal, IT IS HEREBY ORDERED AS FOLLOWS: 1. Appellant's Preliminary Objections arc GRANTED; 2. Respondent's Preliminary Objections are DISMISSED; and 3. Respondent is hereby directed to certify the record its December 4, 1999 Adjudication to this Court within twenty (20) days of the date of this Order. J. J!_-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dr. Robert P. Miller Superintendent of South Middleton School District, Appellant No. 99-7799 Civii,term v. Board of School Directors of South Middleton School District, Respondent APPELLANT'S PRELIMINARY OBJECTIONS TO RESPONDENT'S PRELIMINARY OBJECTIONS TO APPELLANT'S NOTICE OF APPEAL AND NOW, this 7th day of February, 2000, comes the Appellant, Dr. Robert P. Miller, Superintendent of South Middleton School District, by and through his attorneys, Patricia Carey Zucker of Balaban and Balaban and Kathleen Misturak-Gingrich of Eckert, Seamans, Cherin & Mellott, LLC, and files the following Preliminary Objections to Respondent's Preliminary Objections to Appellant's Notice of Appeal pursuant to Pa. R.C.P. 1028(a). Motion to Strike Respondent's Preliminary Obiections on Basis of Lack of Conformity. to Law On December 30, 1999, Appellant filed a Notice of Appeal of the December 4, 1999 Adjudicationofthe BoardofSchool Directors of South Middleton School District which found, inter dig, that Dr. Miller was unable to perform his duties as Superintendent and reduced his salary to zero. A copy of the Appeal with the Adjudication as an attachment is narked as Exhibit "A and incorporated herein. 2. On January 18, 1999, the Respondent, Board ol'School Directors of South Middleton School District (hcreinallcr "South Middleton School Board") filed Preliminary Objections to Appellant's December 30, 1999 Notice ol'Appeal on the basis that the Notice violates the pleading rules under Pa. R.C.P. 1019(A), 1022 and 1024. the Notice flails to set forth facts to support Appellant's request for a hearing de novo as a cause of action upon which relief can be granted (a demurrer) and the Notice fails under Pa. R.C.P. 1028(A)(3) for lack of specificity. A copy of Respondent's Preliminary Objections is marked as Exhibit "B" and incorporated herein by reference. 3. Pleadings are defined under Pa. R.C.P. 1017 as follows: (a) Except as provided by Rule 1041.1, the pleadings in an action are limited tort complaint, an answerthereto, a reply if the answer contains new matter ora counterclaim, a counter-reply if the reply to a counterclaim contains new matter,a preliminary obiection and an answer thereto. 4. Pa. R.C.P. 1041.1 addresses the pleadings in asbestos litigation and is not applicable to this matter. 1) 5. A Notice ot'Appeal is not a pleading under Pa. R.C.P. 1017 and is not governed by Pa. R.C.P. 1019, 1022 and 1024. 6. The Notice ot'Appeal is made pursuant to 2 Pa.C.S.A. § 751 -et sea, which provides for judicial review o1'local agency action and which confers a scope of review ol'the adjudication made by the School Board of South Middleton pursuant to 2 Pa.C.S.A. § 754 as follows: (a) Incomplete record. - In the event a full and complete record of the proceedings before the local agency was not made, the court may hear the appeal de novo, or may remand the proceedings to the agency for the purpose of making a full and complete record or for further disposition in accordance with the order of the court. (b) Complete record. - In the event a full and complete record of the proceedings before the local agency was made, the court shall hear the appeal without a jury on the record certified by the agency. After hearing the court shall affirm the adjudication unless it shall find that the adjudication is in violation of the constitutional rights of the appellant, or is not in accordance with law, or that the provisions of Subchapter 13 of Chapter 5 (relating to practice and procedure of local agencies) have been violated in the proceedings before the agency, or that any finding of fact made by the agency and necessary to support its adjudication is not supported by substantial evidence. If the adjudication is not affirmed, the court may enter any order authorized by 42 Pa.C.S. § 706 (relating to disposition of appeals). 1978, April 28, P.L. 202, No. 53 § 5, effective dune 27, 1978. 3 7. 42 Pa.C.S.A. § 933(a)(2) confers the Court of Conunon I'leas with jurisdiction over appeals from local agencies within its jurisdiction. 42 Pa.C.S.A. § 933(a)(2) states the following: (a) Genera/rrt/e. Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each court of common pleas shall have jurisdiction of appeals from final orders of government agencies in the following cases: (2) Appeals from government agencies, except Commonwealth agencies, under Subchapter l3 ofChapter 7 ofTitle 2 (relating to judicial review of local agency action) or otherwise. 8. 42 Pa. C.S.A. § 703 which describes the form ol'appeals, states in pertinent part, that appeals shall be in "such form as may be prescribed by general rule." There is no allegation that in fact the appeal under consideration fails to conform to 42 Pa. C,S.A. § 703. 9. Asset forth below, 42 Pa.C.S.A. § 708(a) governs the general procedure by which local agency appeals are evaluated by Common Pleas Court: (a) General rule. No objection to a government determination shall be defeated by reason of error in the form of the objection or the Office of Clerk of Court in which the objection is filed. 4 10. Appellant Dr. Robert P. Miller's appeal, Irons the South Middleton School Board Adjudication, confbrms to the requirements of42 Pa.C.S.A. § 703, but even if it did not, it cannot be dismissed by Respondent's preliminary objections based on an error in the fbrnn of the appeal pursuant to 42 Pa.C.S.A. § 708(x). 11. Counts 1,11 and III of Respondent's Preliminary Objections, which request the Court to strike and/or dismiss the Appeal of Dr. Robert P. Miller, are not in accordance with 42 Pa.C.S.A. § 708(a) and should be stricken. 12. The School Board of South Middleton should be directed to certify and deliver its record, which supports its December 4,1999 Adjudication to the Court of Common Pleas of Cumberland County in order for the Court to determine Appellant's request for a de novo hearing under the statutory authority o172 Pa.C.S.A. § 754. 13. Respondent's Preliminary Objections arc not in accordance with the law. 14. Appellant's Notice of Appeal is compliant with the law. 15. In the alternative, if the Court determines that Appellant's Notice of Appeal requires further detail describing the basis ofthe appeal, Appellant's will provide the Court with an Amended Notice of Appeal as per the Court's Order. 5 WHEREFORE. Appellant respectrully requests this Honorable Court to dismiss Respondent's Preliminary Objections, and direct the Respondent to certify its record to the Court or its December 4, 1999 Adjudication within twenty (20) days oran Order in favor or Appellant. Respectfully submitted, 13ALAIIA-N AND BALABAN ,Vatricia Carey Zucker, 'T I.D. #37334 Governors' Row 27 N. Front Street P.O. Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 ECKERT SEAMANS CHERIN & MELLOTT, LLC // , j D. #4168 _13 Mark t Street, 8°i F P. O. Bo. 1248 Flarrisbr g. PA 1710 -1 (717)2 7-6067 Date: February 7, 2000 I' ?i 6 h 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dr. Robert P. Miller Superintendent of South Middleton School District, Appellant V. Board of School Directors of South Middleton School District, Respondent No. g Q - 77 95' 6 u i NOTICE OF APPEAL AND NOW, this 30n' day December, 1999, comes the Appellant, Dr. Robert P. Miller, by and through his counsel, Patricia Carey Zucker of Balaban and Balaban, to file this appeal of the December 4, 1999 Adjudication of the Board of School Directors of South Middleton School District, attached hereto as Exhibit "A," pursuant to the Local Agency Law, 2 Pa. C. S. §§ 752 and 753 (a) and (b). Also, pursuant to 2 Pa. C. S. § 754, Appellant requests an appeal de novo before the Court as the record before is incomplete and the hearing/meeting invalid and not in accordance with the law. Respectfully submitted, BALABAN AND BALABAN arey Zucker, Esqu F. #37334 / overnors' Row li 27 N. Front Street P.O. Box 1284 Harrisburg, PA 17108-1284 (717) 234-3282 Date: December 30, 1999 IN THE MATTER OF THE DISTRICT SUPERINTENDENT'S CONTRACT OF DR. ROBERT P. MILLER ADJUDICATION BEFORE THE BOARD OF SCHOOL DIRECTORS OF SOUTH MIDDLETON SCHOOL DISTRICT AND NOW, this 4th day of December, 1999, after careful consideration of all evidence coming before it, the Board of School Directors finds, adjudicates and decides: 1. That Dr. Robert P. Miller, Superintendent of this School District, is unable to perform his duties by reason of conditions occurring from his illness (stroke); and 2. That Dr. Miller's inability aforesaid extends beyond all sick or other usable leave to which he is entitled; THEREFORE, it is determined pursuant to the first sentence of Section 7.00 of Article VII of District Superintendent's Contract dated September 18, 1995 ("Contract") that Dr. Miller's salary is reduced to zero effective immediately, but that non-salary benefits be continued without reduction. This decision shall remain in effect indefinitely. The Board of School Directors will permit the question of Dr. Miller's salary to be reviewed in the event Dr. Miller cooperates in a comprehensive neuropsychological evaluation, including vocational testing, as previously requested. It is directed that true and correct copies of this decision be sent this date to Dr. Miller and his attorney by regular first-class mail and certified mail, return receipt requested, and by facsimile transmission to Patricia Carey Zucker, Esquire. EXHIBIT ? r? 1 IN WITNESS WHEREOF, the Board has caused this adjudication to be executed on its behalf by its President and attested by its Secretary the day and year first mentioned above. SOUTH MIDDLETON SCHOOL DISTRICT By: President, Board of School Directors ATTEST: Secret CERTIFICATE OF SERVICE AND NOW, this 30" day of December, 1999, I, Patricia Carey Zucker, hereby certify that I served a true and correct copy of the foregoing NOTICE OF APPEAL upon the following individuals by placing this document in the United States Mail, First-class postage prepaid in Harrisburg, Pennsylvania, addressed as follows: FIRST CLASS. U.S. MAIL, POSTAGE PREPAID: Richard Snelbaker, Esq. Snelbaker, Brennenman, and Spare 44 West Main Street Mechanicsburg, PA 17055 Attorney for Respondent Date: December 30, 1999 Exhibit B DR. ROBERT P. MILLER, Superintendent of South Middleton School District, Appellant V. BOARD OF SCHOOL DIRECTORS OF SOUTH MIDDLETON SCHOOL DISTRICT, Respondent IN TI4E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7799 CIVIL TERM RESPONDENT'S PRELIMINARY OBJECTIONS TO NOTICE OF APPEAL AND NOW, comes the Respondent, Board of School Directors of South Middleton School District, through its attorneys, Snelbaker, Brenneman & Spare, P. C. and files the within preliminary objections to Appellant's Notice of Appeal pursuant to Pa.R.C.P. No. 1028(a) as follows: 1. Preliminary Objection on Ground of Lack of Conformity to Pennsylvania Rules of Civil Procedure 1. The Notice of Appeal fails to set forth the material facts on which the appeal is based in violation of Pa.R.C.P. 1019(a). 2. The Notice of Appeal fails to set forth material allegations in numbered paragraphs as required by Pa.R.C.P.1022. 3. The Notice of Appeal does not contain a verification as required by Pa.R.C.P. No. 1024. WHEREFORE, Respondent respectfully requests your Honorable Court to strike and/or uw OFFICES SNELOAKER. BRENNEMAN & SPARE dismiss the Appeal with prejudice, and to enterjudgment in favor of the Board of School Directors of South Middleton School District. r\ IL Preliminary Objection in the Nature of Legal Insufficiency (Demurrer) 4. The Notice of Appeal fails to set forth any facts to support the unwarranted series of legal conclusions that "the record before is incomplete and the hearing/meeting invalid and not in accordance with the law." 5. The Notice of Appeal fails to set forth any facts in support of Appellant's request for a hearing de novo before this Court. 6. The Notice of Appeal fails to set forth a cause of action upon which relief can be granted. WHEREFORE, Respondent respectfully requests your Honorable Court to strike and/or dismiss the Appeal with prejudice, and to enterjudgment in favor of the Board of School Directors of South Middleton School District. III. Preliminary Objection on the Ground of Insufficient Specificity Pursuant to Pa.R C.P. No 1028(a)(3) 7. The Notice of Appeal is insufficiently specific because it fails to set forth the grounds upon which it is based. 8. The Notice of Appeal does not adequately inform Respondent or this Court of the specific issues to be addressed in this Local Agency Appeal. WHEREFORE, Respondent respectfully requests your Honorable Court to strike and/or dismiss the Appeal with prejudice, and to enter judgment in favor of the Board of School Directors of South Middleton School District. In the event that the Notice of Appeal is not LAW OFFICC SNELOAKER. '2' BRENNEMAN & SPARE 1? t+ dismissed or stricken on oilier grounds, Respondent hereby moves for a Court Order directing Appellant to filea more specific pleading. SNELBAKER, BRENNEMAN & SPARE, P. C. L-?? )? 2 BY: Phi p H. Sp re, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Respondent Board of School Directors of South Middleton School District "W OFFICC. SNELBAKER• BRENNEMAN & SPARE Date: January 18, 2000 IA 11Uitra;rt y175rS1;. 1 :IYr8 i"ty ridaa ant the sw" of Sara „ Uutt 81 Cariisl's, Pa. This dz? of DrothrnotaryT? -3- i? i I? 1 ' II (.:' 0 . CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that 1 have on the below date, caused a true and correct copy of the foregoing Preliminary Objections to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Patricia Carey Zucker, Esquire Balaban & Balaban 27 N. Front Street P. 0. Box 1284 Harrisburg, PA 17108-1284 t Philip H. Spare, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. 0. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Respondent Board of school Directors of South Middleton School District Date: January 18, 2000 IAW OFFICES SNELSAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE. AND NOW, this 7°i day of February 2000, I, Patricia Carey Zucker, hereby certify that I served a trucand correcteopy ofthe toregoingAPPELLANT'S PRELIMINARY OBJECTIONS TO RESPONDENT'S PRELIMINARY OBJECTIONS TO APPELLANT'S NOTICE OF APPEAL upon the following individuals by placing this document in the United States Mail, First- class postage prepaid in Harrisburg, Pennsylvania, addressed as follows: FIRST CLASS, U.S. MAIL, POSTAGE PREPAID: Philip FI. Spare, Esq. Richard Snelbaker, Esq. Snelbaker, Brennenman, and Sparc 44 West Main Street Mechanicsburg, PA 17055 Attorney for Respondent Date: February 7, 2000 OM M WC1.11 iN'I'S'.884'd9aiLI \LOIiI 11' 1 Ir f. t Y f f f) 1 1 4 I