Loading...
HomeMy WebLinkAbout11-4407SCOTT T. WYLAND, Plaintiff V. WEST SHORE SCHOOL DISTRICT, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 7 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No.: (717) 249-3166 9a -oo Per, ? ?,? ? fir a59 ?s SCOTT T. WYLAND, V. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WEST SHORE SCHOOL DISTRICT, DOCKET NO. Defendants, :-j COMPLAINT AND NOW COMES the Plaintiff, Scott T. Wyland, and sets forth the following Complaint: Parties: 1. Plaintiff is Scott T. Wyland, an adult individual residing at 57 South Terrace, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendant is the West Shore School District, a school district providing educational and transportation services pursuant to the Pennsylvania School Code. 3. The Plaintiff's residence in Wormleysburg is within the West Shore School District. Introduction: 4. This action seeks a writ of mandamus, declaratory judgment and preliminary and permanent injunctive relief to require the West Shore School District to provide transportation services to Plaintiff's two minor children, who reside with the Plaintiff and who attend a nonpublic school within the West Shore School District. Plaintiffs Residence and Prior Bus Service: 5. Plaintiff is the father of two minor children, L. and O., who are enrolled in second and fourth grades, respectively, at St. Theresa School in New Cumberland, Cumberland County, Pennsylvania. 6. St. Theresa School is a private, nonpublic school that lies geographically within the boundaries of the West Shore School District in the Borough of New Cumberland, Cumberland County, Pennsylvania. 7. Plaintiff's two minor children are full-time students in good standing at St. Theresa School. 8. Plaintiff is divorced and has joint legal and 50% physical custody of his children pursuant to an Order Adopting Stipulation of Parties entered on December 6, 2005 at Docket No.: 05-6153 Civ. Term in this Court. A true and correct copy of the Order is attached hereto as Exhibit A. 9. Other than periods of shared custody with their mother, the Plaintiffs minor children have resided with him at his residence without interruption since their birth. 10. The Plaintiff's minor children reside 50% of the time with Plaintiff and 50% of the time with their mother, who until recently resided in Fairview Township, York County, within the West Shore School District. 11. From approximately late August 2008 through April 22, 2011, Defendant West Shore School District provided bus transportation to the minor children to and from St. Theresa School from their mother's home in Fairview Township, York County, and to St. Theresa School from the Plaintiff's residence in Wormleysburg, Cumberland County, on a daily basis. 12. The custody arrangement establishes a weekly "3-2-2" schedule, which means that the children reside with Plaintiff either two or three days per week throughout the year. 2 Bus Service at Plaintiffs Residence: 13. On days they reside with the Plaintiff, during the school year the children rode Bus 61 each morning from Plaintiffs residence to St. Theresa School. 14. Bus 61 passes by the Plaintiffs driveway every school day morning of the school year at approximately 7:46 a.m. 15. Bus 61 picks up other children in Plaintiffs neighborhood and on Plaintiffs street each morning. Mother's Chance of Residence: 16. On approximately April 20, 2011, the mother of the children informed St. Theresa School that she was moving her residence to Hampton Township, Cumberland County, at a location within the Cumberland Valley School District. 17. St. Theresa School, without the prior knowledge or consent of the Plaintiff, notified the Cumberland Valley School District that the children would be residing with their mother within Cumberland Valley School District. It is not known whether the representative of St. Theresa School notified the Cumberland Valley School District that the children reside with their mother only 50% of the time. 18. At the same time, and also without Plaintiffs prior knowledge or consent, St. Theresa School notified the West Shore School District that the children would be residing with their mother in the Cumberland Valley School District. It is not known whether the representative of St. Theresa School notified the West Shore School District that the children reside with their mother only 50% of the time. Termination of Bus Service by West Shore School District: 19. Upon information and belief, the West Shore School District Transportation Office contacted St. Theresa School on or about April 20, 2011 and informed the school administrative 3 staff that the Plaintiff's minor children ride the bus from Plaintiff's residence to St. Theresa School 2-3 times per week. 20. St. Theresa School contacted the Plaintiff to inform him that West Shore School District informed St. Theresa School that West School District would no longer be providing bus transportation for the minor children from Plaintiff's residence to St. Theresa School because of the mother's change or residence. 21. Plaintiff contacted both West School District and St. Theresa School to confirm that the children's residence status with the Plaintiff had not changed and that they still need morning bus transportation to St. Theresa School on the same schedule that they had been on since approximately August 2008. 22. West Shore School District transportation and administrative representatives informed the Plaintiff that West Shore School District would no longer be providing transportation to the Plaintiff's minor children effective August 25, 2011 and that the Plaintiff would have to arrange for alternative transportation for the children to St. Theresa School. 23. Upon information and belief, Cumberland Valley School District offered to provide transportation from the mother's home in Hampton Township to St. Theresa School while the children reside with their mother. Plaintiffs Efforts to Re-Establish Transportation: 24. Plaintiff sent a letter to the West Shore School District setting forth the Plaintiff's request that West Shore School District comply with its legal obligation to provide transportation to the Plaintiff's minor children from their residence in Wormleysburg to St. Theresa School pursuant to the Pennsylvania School Code Section 1361, 24 P.S. § 13-1361. A true and correct copy of Plaintiff's April 27, 2011 letter to the West Shore School District Director Todd Stoltz is attached hereto and made a part hereof as Exhibit B. 4 25. On or about April 29, 2011, Todd Stoltz, acting on behalf of West Shore School District, sent an e-mail response to the Plaintiff in which he, on behalf of West Shore School District, denied the Plaintiffs request to continue transportation. A true and correct copy of that e-mail is attached hereto and made a part hereof as Exhibit C. 26. Upon inquiry, Director Stoltz informed the Plaintiff, on or about April 29, 2011, that his April 29, 2011 e-mail was the District's final decision on the matter. School Code Requires Transportation: 27. Under Section 1361 of the Pennsylvania School Code, 24 P.S. § 13-1361(1), the West Shore School District has a statutory obligation to provide transportation to "any resident pupil" to and from the elementary school in which the student is lawfully enrolled, provided that the school is not operated for profit and is located within the school district boundaries. 28. The minor children of the Plaintiff are "resident pupils" within the meaning of Section 1361 of the Pennsylvania School Code, 24 P.S. § 13-1361(1). 29. St. Theresa School is an elementary school that is not operated for profit, and is located within the West Shore School District boundaries. 30. The minor children of the Plaintiff are lawfully enrolled in St. Theresa School. 31. The Plaintiffs minor children are not enrolled in a public school in either the West Shore School District or the Cumberland Valley School District. 32. Because the West Shore School District refused to provide transportation to Plaintiffs children, Plaintiff must transport the children to their school or arrange for their transportation. Accordingly, Plaintiff is aggrieved by the School District's refusal. 5 COUNT I - MANDAMUS 33. The allegations of Paragraphs 1-32 are incorporated herein by reference as though fully set forth. 34. Defendant West Shore School District has a mandatory, non-discretionary statutory duty to provide transportation to the Plaintiffs children. 35. Plaintiff seeks an Order directing the West Shore School District to provide bus transportation to his minor children on the bus that currently passes the Plaintiffs driveway on such weekday mornings as they may need transportation to St. Theresa School in New Cumberland. 36. Plaintiffs minor children are entitled to transportation under Section 1361 of the Pennsylvania School Code, 24 P.S. § 13-1361. WHEREFORE, Plaintiff respectfully requests that the Court enter a Writ of Mandamus directing the West Shore School District to provide bus transportation to the Plaintiffs minor children from their residence in Wormleysburg to St. Theresa School on such weekday mornings as they may need transportation. COUNT II - DECLARATORY JUDGMENT 37. The allegations of Paragraphs 1-36 are incorporated herein by reference as though fully set forth. 38. Plaintiff seeks a Declaratory Order establishing that his minor children are entitled to and eligible for transportation by the West Shore School District, and directing the West Shore School District to provide bus transportation to his minor children on the bus that currently passes the Plaintiffs driveway on such weekday mornings as they may need transportation to St. Theresa School in New Cumberland. 6 WHEREFORE, Plaintiff seeks a declaration directing the West Shore School District to provide bus transportation to the Plaintiffs minor children from their residence in Wormleysburg to St. Theresa School on such weekday mornings as they may need transportation. COUNT III - INJUNCTIVE RELIEF 39. The allegations of Paragraphs 1-38 are incorporated herein by reference as though fully set forth. 40. Plaintiff has no adequate remedy at law. 41. Plaintiff seeks and order enjoining the West Shore School District to provide transportation to his minor children on the bus that currently passes the Plaintiffs driveway on such weekday mornings as they may need transportation to St. Theresa School in New Cumberland. WHEREFORE, Plaintiff seeks injunctive relief in the form of an Order directing the West Shore School District to provide bus transportation to the Plaintiffs minor children from their residence in Wormleysburg to St. Theresa School on such weekday mornings as they may need transportation. Respectfully submitted, Scott . W 1 d Attorney I.D. No. 52660 Hawke McKeon & Sniscak LLP 100 North 10th Street P.O. Box 1778 Harrisburg, PA 17105 (717) 236-1300 DATED: May 17, 2011 7 SCOTT T. WYLAND, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW WEST SHORE SCHOOL DISTRICT, Defendants VERIFICATION I, Scott T. Wyland, hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Scott land DATED: May 17, 2011 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT T. WYLAND, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL, ACTION -CUSTODY KELLI S. WYLAND, Defendant NO. ds - (5,? s? ?I v??? l ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this Aday of „2005, upon consideration of the attached Stipulation for Custody and on motion of the parties, it is hereby ordered, adjudged and decreed that the terns, conditions and provisions of the attached Stipulation for Custody are adopted as an Order of Court. J. \\' ?'yJ .a EXHIBIT A BY TAF. MInDIr / ,? Barbara Sumple-Sullivan, Esquire Supreme Court tl32317 549 Bridge Street New Cumberland, PA 17070 (717 774-1445 SCOTT T. WYLAND, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. KELLI S. WYLAND, Defendant CIVIL, ACTION - CUSTODY NO. 0S-e- IS3 STIPULATION REGARDING CUSTODY THIS -4GRMMt;NT is made thislc day of-?? • 2005, by and between Scott T. Wyland, (hereinafter referred to as "Father") an adult individual residing at 57 South Terrace, Wormleysburg, Cumberland County, Pennsylvania, and Keiji S. Wyland, (hereinafter referred to as "Mother") an adult individual residing at S7 South Terrace, Wormleysburg, Cumberland County, Pennsylvania. ttYMESSETH WHEREAS, Mother and Father are the natural parents of two (2) minor children, O! born 2000 and L , born 2002. WHEREAS, the parties are separating and will be living in two (2) separate residences, WHEREAS, the parties have reached an agreement concerning their parenting plan for their children; WHEREAS, the parties desire the agreement to be incorporated as an order of court. NOW THEREFORE, the parties intending to be legally bound, do agree as follows: A. Legal Custody: it is in the best interest. of the minor children for the continuation of shared legal custody of the minor children. The parties agree that major decisions concerning the children's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. B. Physical Custody: The parties shall enjoy shared equal physical custody of the minor children on the following schedule: 1. Week 1: Father shall have custody of the minor children from 5:00 p.m, on Friday overnight through 5:00 p.m. on Monday. Mother shall have )he children from 5:00 p.m. on Monday overnight through Wednesday at 5:00 p.m. Father shall have the children from 5:00 p.m. on Wednesday through Friday at 5:00 p.m. Week 2: Mother shall then have custody of the minor children from 5:00 P.m. Friday overnight through 5:00 p.m. on Monday. Father shall then have custody of the minor children from 5:00 p.m. on Monday through Wednesday at 5:00 p.m. Mother shall then have the children from 5:00 p.m. on Wednesday through Friday at 5:00 p.m. The rotation established by Weeks 1 and 2 shall then continue throughout the year. 2 C. Holidays and Vacations: Holidays will be mutually shared by the parties according to the following schedule: The holiday schedule shall prevail over and supercede the regular custody schedule. The parties shall alternate the holidays of Memorial Day, July 4"' and Labor Day with Father having Labor Day in 2005, Mother having Memorial Day in 2006 and continuing thereafter. Holidays shall be defined as 9:00 a.m. on the day of the holiday to 8:00 p.m. on the day ur the holiday. 2. The parties shall share the major holidays in accordance with the following plan: a. Thanksgiving. In even numbered years, Mother shall have custody of the children from Wednesday prior to Thanksgiving at 5:00 p.m. until 2:00 p.m, on Thanksgiving Day. Father shall have the children from 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.m. This will reverse in odd numbered years and Father shall have custody of the children from Wednesday prior to Thanksgiving at 5:00 p.m. until 2.00 p.m. on Thanksgiving Day. Mother shall have the children from 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.m. b. Christmas and Christmas Eve: In odd numbered years, Mother shall have custody of the minor children from 9:00 a.m. December 24m until 11:00 a.m. December 25111 and Father shall have custody of the minor children from 11,00 a.m. December 25t11 until 5:00 p.m. December 26111. In even numbered years, Father shall have custody of the minor children from 9:00 a.m. December 24`'' until 11:00 a.m. December 25a' and Mother shall have custody of the minor children from 11:00 a. m. December 25t11 until 5:00 p.m. December 26a'. C. Easter: In odd numbered years, Mother shall have custody of the minor children from 5:00 p.m. the day before Easter through 3:00 p.m. Easter Day and Father shall have custody of the minor children from 3:00 p.m. Easter Day until his next regularly scheduled full period of custody ends. In even numbered years, Father shall have the minor child from 5:00 p.m. the day before Easter Day through 3:00 p.m. Easter Day and Mother shall have custody of the minor children from 3:00 p.m. Easter Day until 1. ,.r next regularly scheduled full period of custody ends. d. Mother's Day and Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. These holidays shall be from 9:00 a.m. until 8:00 p.m. the day of that holiday. 3. Vacation; Mother and Father shall each have the right to have two (2) nonconsecutive weeks of vacation. Notice of this period of custody must be given to the other parent at least thirty (30) days before the requested period. D. Trans nortation; The transportation shall be shared equally by the parties, with the parent commencing his or her period of custody picking up the child from the other's residence or daycare. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. Transportation may be provided by a representative of each parent and shall not be limited to the parent themselves. E. Ongoing ReIgtionship: Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance: relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 4 F. Illness of the Children: Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of an emergency or serious illness of the child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. G. Welfare of the Children to be Considered: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Agreement. H. Binding Effect and Modification of Order This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 5 I. Governing Law: This Agreement shall be governed and controlled by the laws of Pennsylvania. J. Enforcement: The parties agree that this Agreement may be adopted as an Oi ?1er of Court without the necessity of a Court hearing. K. Entire Agreement: This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supercedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. W WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED: WITNESS SC TT T. WYL ille! WI E S KELL S. WYLAND 6 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared SCOTT T. WYLAND, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation for Custody are true and correct to the best of his knowledge, information and belief. Aff me subsc4ed to before me thisJ// day of out dAR?ARA i1MYMtFSULWMI My commission expires: NotarylLfto AL) NE1C?? COMY L.CM..M..kftn Nov 15, 4007 NOTARY PUBLIC COUNTY OF ) SS. COMMONWEALTH OF PENNSYLVANIA ) Before me, the undersigned officer, aNotary Public in and for said Commonwealth and County, personally appeared KELLI S. WYLAND, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation for Custody are true and correct to the best of her knowledge, information and belief. F11711-0m Armed and subscribed to before me this day of ?.,- .bAr 2005. NOTARY PUBLIC My commission expires: (SEAL) 5 f., 7 ?? i ?4 ?•?o?cYt ' ' t Z Scott T. Wyland 57 South Terrace Won leysburg, PA 17043 717-737-4484 717-236-1300 (office) April 27, 2011 Todd Stoltz Director, Management and Support Services West Shore School District 507 Fishing Creek Road New Cumberland, PA 17070 In Re: Transportation: Dear Todd: Thank you for speaking with me today about my pupil transportation concerns. Pursuant to a custody order, I have 50% legal and physical custody of my children, ., who reside with me at 57 South Terrace, Wormleysburg, in the West Shore School District. They attend St. Theresa School in New Cumberland, also within the West Shore School District. For the last several years, they have enjoyed transportation services provided to them by the West Shore School District. As a matter of scheduling, they reside with me on an alternating "3-2-2" schedule, meaning for present purposes that two to three days per school week they ride the bus in the morning from my home to St. Theresa School. In sum, though, they reside with me exactly 50% of the time. Last week, their mother, who also has 50% custody, moved and now resides in the Cumberland Valley School District. St. Theresa School, without my prior knowledge, enrolled or registered my children in the Cumberland Valley School District. The West Shore School District has now taken the position that, because the children are not enrolled in the West Shore School District, they may not ride the bus that passes my driveway every morning. The purpose of this letter is to respectfully request that morning transportation for my children be restored by the West Shore School District. I am a resident and taxpayer in the West Shore School District. My children reside with me 50% of the time and, therefore, also are "residents" of the West Shore School District. Section 13-1361 of the School Code requires the District to provide free transportation to any "resident pupil." As I understand the law, the Commonwealth Court interpreted "resident pupil" as used in 13-1361 "to mean simply any lawfully enrolled student of a public or nonpublic school described therein who lives in the school district in question." Unionville-Chadds Ford School District v. Rotteveel, 487 A.2d 109, 113 (Pa. Commw. 1985). My children certainly live in the West Shore School District. Fortunately, my request for transportation does not require me to choose enrollment in either school district, because the children attend a nonpublic school in the West Shore School EXHIBIT B District. More complicated policy considerations regarding residency requirements for enrollment purposes should not apply here. However, even in cases interpreting "resident" in the context of eligibility for enrollment under 13-1302, the District should recognize that neighboring Cumberland Valley School District unsuccessfully contended that "resident" meant a custodial parent's primary residence or domicile. The Cumberland County Court of Common Pleas, the Pennsylvania Commonwealth Court and the Pennsylvania Supreme Court all expressly rejected the more limiting definition of residence proffered by CV. In short, the courts said, residence means residence. The Supreme Court explained at some length that "residence" does not mean a primary residence or domicile: There is, therefore, nothing in the School Code which indicates that the terms "resident" and "resides" should be given special meanings beyond their classic definitions. We are constrained to conclude, therefore, that the Board was mistaken in determining that the terms "resident" and "resides" should be interpreted as "primary residence" and having an import in the nature of "domicile." In re: Residence Hearing, 744 A.2d 1272, 1274-75 (Pa. 2000). I respectfully submit that requiring more of me than that my children reside with me and are enrolled in a school in the district has no support under current law, at least as I understand it. And because the dispositive case arose in our county, I would expect the same result if we were required to seek judicial guidance, which seems quite avoidable here. (Of course, an adverse result for the District in that context would have more far-reaching effect than the simple grant of my individual request in consideration of the specific facts presented here.) I respectfully request that the Supervisor of Transportation for the West Shore School District be directed to re-establish morning transportation for my children. Because the bus route already passes my driveway in Wormleysburg, the transportation of my children will place no additional burden on the District. Even if the District initially disagrees, I urge it to restore transportation services immediately while it reviews my request and pending a final decision. I can think of no legitimate reason to deny my request that morning transportation be maintained. The arguments offered thus far by the District do not seem to enjoy any support in the law and, in fact, appear to be directly contradicted by the statutory language and cases I reviewed. From my perspective, nothing has changed that could justify the summary termination of transportation services to my children, who have since birth resided with me in the West Shore School District. Because the children are currently being denied transportation services, I would appreciate the prompt response you offered when we spoke. Thank you for your consideration of my request. Should you have any questions, please contact me. Very truly yours, s/Scott T. Wyland Scott T. Wyland STW/bes Enclosure cc: Barbara Sumple-Sullivan, Esquire Ms. Kelli Wyland Scott T. Wyland From: Stoltz, Todd [TStoltz@wssd.kl2.pa.us] Sent: Friday, April 29, 2011 7:43 AM To: Scott T. Wyland Subject: RE: HMS-#144776-v1-Letter_to_West_Shore_School_District_re_transportation.DOC Scott: Thank you for the letter summarizing your position and request with respect to transportation for your children. Although I have not seen the custody agreement, I trust the accuracy of the information you have provided in your letter, and I believe my determination on this request can be made without it. In our conversation the other day, you indicated that you did not believe this to be an enrollment related issue. However, I do believe this is related to enrollment. In 22 Pa Code 11.11, residency for attendance at public schools is contemplated, and more specifically, the section addresses parents who reside in different districts and may "have joint custody and time is evenly divided." It states, "if the parents have joint custody and time is evenly divided, the parents may choose which of the two school districts the child will enroll for the school year." Despite the fact that your children are attending a private school, they are not entitled to services that would not apply to similarly situated students who attend public school. In other words, your children would not be entitled to attend West Shore and Cumberland Valley in the scenario you have described. Their mother and you would have to reach some agreement with regard to their enrollment in one district. Therefore, the standard I am applying here is that your children are entitled to the same benefits as public school children, not extra. If the children were registered through West Shore with your address of residence, we would provide transportation to your address.. However, their mother would then be in the same situation as you currently face. In re: Residence Hearing, 744 A.2d 1272, 1274-1275 (Pa. 2000). 1 do not dispute what "resides" means, as opposed to "primary residence" or "is domiciled," but the requirement is that parents reside in the school district in order to enroll their children in the local public schools. Quite simply, the children cannot be "residents" of two districts simultaneously. For the purposes of enrollment, they are now students of Cumberland Valley. In closing, I support the determination made by Mr. McNaughton to deny transportation for your children. Also, I would like to further clarify my position that when both parents were residents of West Shore, you were benefiting from a service that is not normally provided and would not be provided in the future. That is, the West Shore School District's procedure is to transport to and from one parent's residence only and to list only one residence as the "primary" one for purposes of providing transportation. Otherwise, a burden would be placed on the District to attempt to keep track of every different custody arrangement within the District and place liability upon the District to make certain that the student got on the correct bus each day. In essence, the District would be required to monitor the custody status of each child. Sincerely, Todd Stoltz, Ed.D. Director of Management and Support Services West Shore School District (717) 938-9577, ext. 222 EXHIBIT C SCOTT T. WYLAND, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW WEST SHORE SCHOOL DISTRICT , DOCKET NO. ?/- ? ?? ? ? ? --1 Defendants ?3r 5 , F "C PLAINTIFF'S PETITION FOR PRELIMINARY INJUNCTION AND NOW, comes the Plaintiff, Scott T. Wyland, and sets forth the following request for a Preliminary Injunction: 1. The Plaintiff seeks preliminary injunction requiring the West Shore School District to provide bus transportation to his two minor children, who reside within the West Shore School District and who are enrolled in a non-public school within the West Shore School District. 2. As set forth in the accompanying Affidavit of Plaintiff, the Plaintiff and his two minor children reside in Wormleysburg, Cumberland County, Pennsylvania, within the West Shore School District. 3. Under a custody order attached to Complaint as Exhibit A, the Plaintiff has 50% legal and physical custody of his two minor children, who reside with him on a half-time basis in Wormleysburg, PA. 4. For the past three (3) years, the Plaintiffs minor children have ridden a West Shore School District bus from the Plaintiffs home in Wormleysburg to and from St. Theresa School in New Cumberland, Cumberland County, Pennsylvania, within the West Shore School District. 5. The Bus passes by the Plaintiffs driveway every morning at approximately 7:46 a.m. 6. The West Shore School District has taken the position that the Plaintiffs minor children are not eligible for transportation by the West Shore School District for reasons having to do with their alleged registration within the Cumberland Valley School District, because of their mother's residence there. 7. The children attend a non-public school within the West Shore School District and do not attend public school in either the Cumberland Valley School District or the West Shore School District. 8. For purposes of Section 1361 of the Pennsylvania School Code, 24 P.S. § 13- 1361, the children are "resident pupils" living within the West Shore School District and attending school within the West Shore School District and, thus, should be clearly eligible for transportation by the West Shore School District. 9. The West Shore School District has denied the Plaintiffs request that transportation be continued. 10. The West Shore School District's sudden and unjustified termination of transportation services on or about April 25, 2011 have forced the Plaintiff to provide for private transportation from his home to St. Theresa School each morning, even though a West Shore School District school bus, formerly ridden by the children, passes the Plaintiffs drive each morning at approximately 7:46 a.m. 11. Despite the Plaintiffs requests, the West Shore School District refuses to recognize its clear statutory obligation to provide transportation to his minor children. 12. The Plaintiff has no adequate remedy at law. 2 13. This preliminary injunction will return the Parties to status quo, being that of the West Shore School District providing transportation to the Plaintiffs children to and from St. Theresa School as the West Shore School District has done for the past three (3) years, and until April 25, 2011. 14. A grant of this preliminary injunction will be in the public interest, because the West Shore School District will be compelled to comply with its clear statutory mandate to provide transportation to the Plaintiffs minor children. 15. The Plaintiff has a reasonable likelihood of success on the merits because Section 1361 of the Pennsylvania School Code, 24 P.S. § 1361, requires that resident pupils be transported by the West Shore School District to their school, which also lies within the West Shore School District. 16. The burden upon the West Shore School District of complying with the preliminary injunction will be immeasurably small, because the bus that the Plaintiffs minor children will ride is one that passes by their driveway every morning at 7:46 a.m., and is the same bus that they have been riding for the entire 2010-2011 school year until the West Shore School District's sudden and unjustified termination of transportation service on or about April 25, 2011. 17. Given that the burden upon the West Shore School District would be immeasurably small for compliance with the preliminary injunction, a nominal bond should be required of the Plaintiff. 18. Because the Plaintiffs minor children are currently being denied statutorily mandated public transportation, and because the Plaintiff must now arrange for alternate transportation for his children, the burden of refusing the injunction is far greater than granting the injunction. 3 19. An Affidavit is attached hereto as Exhibit A. WHEREFORE, Plaintiff, Scott T. Wyland, respectfully requests that the Court enter a preliminary injunction against the West Shore School District requiring it to provide and restore bus transportation to the Plaintiffs minor children from their residence in Wormleysburg to St. Theresa School on the bus that currently passes their residence every morning on or about 7:46 a.m. Respectfully submitted, Sco and Attorney I.D. No. 52660 Hawke McKeon & Sniscak LLP 100 North 10`" Street P.O. Box 1778 Harrisburg, PA 17105 (717) 236-1300 DATED: May 17, 2011 4 Commonwealth of Pennsylvania ) SS: County of Dauphin ) AFFIDAVIT I, Scott T. Wyland, hereby certify as follows: 1. This action seeks a writ of mandamus, declaratory judgment and preliminary and permanent injunctive relief to require the West Shore School District to provide transportation services to Plaintiff's two minor children, who reside with the Plaintiff and who attend a nonpublic school within the West Shore School District. 2. St. Theresa's School is a private, nonpublic school that lies geographically within the boundaries of the West Shore School District in the Borough of New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff's minor children are full-time students in good standing at St. Theresa's School and are enrolled there for the 2011/2012 school year as well. 4. Plaintiff is divorced and has 50% legal and physical custody of his children pursuant to an Order Adopting Stipulation of Parties entered on December 6, 2005 at Docket No.: 05-6153 Civ. Term in this Court. 5. The Plaintiff's minor children also reside 50% of the time with their mother, who until recently resided in Fairview Township, York County, within the West Shore School District. 6. From approximately late August 2008 through April 22, 2011, Defendant West Shore School District provided bus transportation to the minor children to and from St. Theresa's School from their mother's home in Fairview Township, York County, and to St. Theresa's School from the Plaintiff's residence in Wormleysburg, Cumberland County, on a daily basis. EXHIBIT A 7. The custody arrangement establishes a "3-2-2" schedule which means that the children reside with Plaintiff either two or three days per week throughout the year. 8. When they reside with the Plaintiff, during the school year, the children would ride bus 61 each morning from Plaintiff's residence to St. Theresa's School. 9. Bus 61 passes by the Plaintiff's driveway every morning at approximately 7:46 a.m. 10. Bus 61 picks up other children in Plaintiff's neighborhood and on Plaintiff's street each morning. 11. On approximately April 20, 2011, the mother of the children informed St. Theresa's School that she was moving her residence to Hampton Township, Cumberland County, at a location within the Cumberland Valley School District. 12. St. Theresa's School, without the knowledge or consent of the Plaintiff, notified the Cumberland Valley School District that the children would be residing with their mother within Cumberland Valley School District. It is now known whether the representative of St. Theresa's School notified the Cumberland Valley School District that the children reside with their mother for only 50% of the time. 13. At the same time, and also without Plaintiff's knowledge or consent, St. Theresa's School notified the West Shore School District that the children would be residing with their mother in the Cumberland Valley School District. It is not known whether the representative of St. Theresa's School notified the West Shore School District that the children reside with their mother only 50% of the time. 14. Upon information and belief, the West Shore School District Transportation Office contacted St. Theresa's School on or about April 20,2011 and informed them that the 2 Plaintiff's minor children ride the bus from Plaintiff's residence to St. Theresa's School 2-3 times per week. 15. St. Theresa's School contacted the Plaintiff to inform him that West Shore School District informed St. Theresa's School that West School District would no longer be providing bus transportation for the minor children from Plaintiff's residence to St. Theresa's School. 16. Plaintiff contacted both West School District and St. Theresa's School to explain that the children's residence status with the Plaintiff had not changed and that they still need bus transportation to St. Theresa's School on the same schedule that they had been on since approximately August 2008. 17. West Shore School District transportation and administrative representatives informed the Plaintiff that West Shore School District would no longer be providing transportation to the Plaintiff's minor children effective August 25, 2011 and that the Plaintiff would have to arrange for alternative transportation for the children to St. Theresa's School. I, Scott T. Wyland, being duly sworn according to law, depose and say that the facts above set forth are true and correct to the best of my knowledge, information and belief. Scot . y Sworn to and subscribed before me this day of May, 2011. 7C _ ti (Sign t e of Notary) My Commission Expires_ E C L COMMONWEALTH OF PENNSYLVANIA Notarial Seal Abbey Lea Wagman, Notary Public City of Harrisburg, Dauphin County 3 My Commission Expires Nov. 30, 2013 Member, Pennsvivania Association of Notaries SCOTT T. WYLAND, Plaintiff V. WEST SHORE SCHOOL DISTRICT, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below. Via First Class U.S. Mail and Electronic Mail Service West Shore School District 507 Fishing Creek Road P.O. Box 803 New Cumberland, PA 17070-0803 Scott . W d Dated: May 17, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?gttY??» 17t ?tttfliJ?„f'?? r4 y r! cal I jUN 14 AM IC. 2r vtlutl pr 5°t'i..V'N1-j? A' Scott T. Wyland I vs. West Shore School District Case Number 2011-4407 SHERIFF'S RETURN OF SERVICE 05/25/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: West Shore School District, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint and Notice according to law. 06/02/2011 03:22 PM - York County Return: And now June 2, 2011 at 1522 hours 1, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: West Shore School District by making known unto Joan C. Anderson, Director of Business Affairs for West Shore School District at 507 Fishing Creek Road, New Cumberland, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 June 09. 2011 SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, 11 Chief Deputy, Operations Chief Deputy, Administration SCOTT T. WYLAND vs. Case Number WEST SHORE SCHOOL DISTRICT 11-4407 CIVIL SHERIFF'S RETURN OF SERVICE 06/02/2011 03:22 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE JOAN C. ANDERSON, DIRECTOR OF BUSINESS AFFAIRS, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR WEST SHORE SCHOOL DISTRICT AT 507 FISHING CREEK ROAD, NEW CUMBERLAND, PA 17070. TERRY DRAWBAUGH, DEPUTY SHERIFF COST: $45.95 June 03, 2011 SO A RS, L RICHARD P UERLEBER, SHERIFF - ----- ---- ----------- ---------- ---- --- -- NOTARY Affirmed and subscribed to before me this 3RD day of JUNE 2011 ; ?ourtyv to ` 1- I ,eosc`[ I.^• r ???o.N?e fi• ©iF ? ?FR rY MY CO 'gig ^!+,,?y'= ? c : ?. 12.2013 SCOTT T. WYLAND, ; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, DID;,,+; W DUKTATQ VT 17 A ATT A V. CIVIL ACTION - LAW n C -a3 rnw Zrn z? Wrr z <o x'v c D? Z -C O C_ WEST SHORE SCHOOL DISTRICT ; DOCKET NO: Civ. 11-4407 Defendant ENTRY OF APEARANCE To the Clerk of Courts: a Zn -.i Kindly enter the appearance of EASTBURN & GRAY, P.C., on behalf of Defendant, THE WEST SHORE SCHOOL DISTRICT, in the above-captioned matter. C IT Cq -ri ©F; D' atherine Nguyen, ire Attorney I.D. No. 30 188 EASTBURN AND GRAY, P.C 60 East Court Street P.O. Box 1389 Doylestown, PA 18901-0137 (215)345-7000 Joanne D. Sommer, Esquire Attorney ID No. 25424 Robert R. Watson, Jr. Esquire Attorney ID No. 83787 Catherine Nguyen, Esquire Attorney ID No. 308188 EASTBURN AND GRAY, P.C. P.O. Box 1389 Doylestown, PA 18901 (215)345-7000 FILED-OFFICE u!_ THE PROTHONOTARY 2011 JUN 21 AM 9: 59 CU PENN YLDVANIA TY Attorneys for Defendant SCOTT T. WYLAND, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff ; PENNSYLVANIA V. ; CIVIL ACTION - LAW WEST SHORE SCHOOL DISTRICT DOCKET NO: Civ 11-4407 Defendant PRELIMINARY OBJECTIONS 1 Defendant, WEST SHORE SCHOOL DISTRICT, by and through its attorneys, EASTBURN AND GRAY, P.C., files the following Preliminary Objections pursuant to Pa.R.C.P. 1028(a)(1), and in support thereof avers as follows: 1. This is an action brought by Plaintiff, SCOTT T. WYLAND, a Pennsylvania resident, against Defendant, a school district located in the Commonwealth of Pennsylvania and formed under its laws, arising out of Defendant's denial of transportation services to Plaintiff's children. 2. Plaintiff seeks a writ of mandamus, declaratory judgment, and preliminary and permanent injunctive relief to require the West Shore School District to provide transportation services to Plaintiff's two minor children, who reside in both the ' Defendant files these Preliminary Objections both in response to Plaintiff's Injunction Petition and to its Complaint. Cumberland Valley School District and the West Shore School District pursuant to a custody order. The children both attend a nonpublic school within the West Shore School District. 3. This Court lacks subject matter jurisdiction over the issues presented, as the legislature has delegated to the School Board of the West Shore School District the authority to make decisions regarding pupil transportation. 22 Pa. Code 23.4, 24 P.S. § 13-1361. 4. In the alternative, should this Court find that a Court of Common Pleas has subject matter jurisdiction, this Court lacks in personam jurisdiction over Defendant. 5. When school districts are situated in two or more counties, the Court of Common Pleas of the county in which the largest part in area of the land annexed to or taken from any district is situated shall have exclusive jurisdiction over the matter. 24 P.S. § 2-277. 6. Defendant is a school district situated in both Cumberland County and York County. Its principal office is located at 507 Fishing Creek Boulevard, New Cumberland, Pennsylvania, which is in York County, Pennsylvania, and the largest part in area of land of the West Shore School District is situated in York County, Pennsylvania. Thus, jurisdiction would lie in York County. 7. In. addition, for the reasons set forth in Defendant's Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction which Defendant incorporates herein as though set forth at length, Plaintiff fails to meet its burden of showing a clear right to relief, fails to demonstrate a duty to provide relief requested, and fails to demonstrate lack of adequate or appropriate remedy. WHEREFORE, Defendant requests that this Court sustain its Preliminary Objections and dismiss Plaintiffs Petition for Preliminary Injunction and Complaint in Mandamus for lack of jurisdiction. In addition, Defendant requests that this Court dismiss Plaintiff's Petition for Preliminary Injunction and Complaint in Mandamus with prejudice for failure to state a claim upon which relief can be granted. Respectfully submitted, EASTBURN & GRAY, P.C. L ,., Attorneys for Defenda t WEST SHORE SCHOOL DISTRICT SCOTT T. WYLAND, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff V. PENNSYLVANIA ; CIVIL ACTION - LAW WEST SHORE SCHOOL DISTRICT : DOCKET NO: Civ 11-4407 Defendant CERTIFICATE OF SERVICE I hereby certify that on this date I served a true and correct of Defendant's Preliminary Objections to Plaintiff's Complaint and Memorandum of Law In Opposition to Plaintiffs Request for Preliminary Injunction, via first-class mail, postage prepaid addressed as follows: SCOTT T. WYLAND Hawke, McKeon & Sniscak, LLP 100 North Tenth Street Harrisburg, PA 17101 Date: `JJ(10 C Q Catherine Nguyen, Esquires/ Attorney ID No. 308188 EASTBURN AND GRAY, P.C P.O. Box 1389 Doylestown, PA 18901 (215)345-7000 SCOTT T. WYLAND, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : WEST SHORE SCHOOL DISTRICT,rn DEFENDANT 11-4407 CIVIL TERM x a ORDER OF COURT =CD AND NOW, this,?day of July, 2011, upon consideration of Plaintiff petition for Preliminary injunction, Defendant's response thereto, and the parties' briefs, we now DENY the petition. Specifically, we deny it on the basis that Plaintiffs right to relief is not yet clear in light of Defendant's representations of Department of Education funding guidelines and the lack of a factual record to establish Defendant's transportation policies and what effect Plaintiffs requested relief would have on those policies. Accordingly, a hearing is scheduled for Thursday, August 25, 2011, at 2:30 p.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania to develop a factual record to permit the court to address the merits of this case. By the Court, Scott T. Wyland, Esquire 100 North Tenth Street Harrisburg, PA 17101 Joanne D. Sommer, Esquire Robert Watson, Jr., Esquire 60 East Court Street Doylestown, PA 18901-0137 For West Shore School District Albert H. i?MJ. Copes/111? :saa N C? c r- W CV Cn x s-n -urn ?v x -? c -n rn Joanne D. Sommer, Esquire Attorney ID No. 25424 Robert R. Watson, Jr. Esquire Attorney ID No. 83787 Catherine Nguyen, Esquire Attorney ID No. 308188 EASTBURN AND GRAY, P.C. P.O. Box 1389 Doylestown, PA 18901 (215)345-'7000 c-? n G' _n 3 _ s F rD C - .U r rn ra -<? N CD -0 c Trj `D ''..? Attorneys for Defendant SCOTT T. WYLAND, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff ; PENNSYLVANIA V. i CIVIL ACTION - LAW WEST SHORE SCHOOL DISTRICT DOCKET NO: Civ 11-4407 Defendant DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS 1. Admitted. 2. Denied. The Plaintiff's children were enrolled in the Cumberland Valley School District by Plaintiff's ex-wife and/or a representative of St. Theresa's School. Plaintiff's ex- wife has requested that the Cumberland Valley School District provide transportation to his minor children on the days on which Plaintiff's ex-wife has physical custody of the children. By wav of further answer, St. Theresa's School informed the Transportation Managers of the West Shore School District on April 18, 2011 that "The Wyland family will be moving this weekend. Please notify your bus/van drivers of the change," to be effective April 25, 2011. A true and correct copy of this communication is attached hereto as Exhibit A. It is admitted that the children do not attend a public school. 3. Denied. The Order referenced by Plaintiff is a written document which speaks for itself. The District is without information regarding the "continuous" residence referred to by Plaintiff. 4. Denied. This request seeks information not reasonably within the knowledge or control of Defendant School District, but only known personally by Plaintiff and his ex-wife. By way of further answer, Mother and Plaintiff's children are residents of the Cumberland Valley School District, and the children are residents enrolled in Cumberland Vallev School District for transportation purposes effective April 25, 2011, if not sooner. 5. Admitted. By way of further answer, both Plaintiff and Plaintiff's ex-wife resided within the West Shore School District prior to April 25, 2011. The pupil transportation practice of the Pennsylvania Department of Education and the West Shore School District is to offer transportation from only 1?)ne residence. The Wyland family is the only family in the District's recent history which has enjoyed the convenience of bussing from both parents' households within the District. This aberrance occurred as a result of an oversight in the District's Office of Transportation and a courtesy to the Wyland family. Other District residents have not been afforded the same convenience whether the students are enrolled in the District schools or whether the pupils are enrolled in a private school within the District boundaries. 6. Denied. Upon information and belief, the Order and any custody arrangement referenced by Plaintiff are written documents which speak for themselves. 7. Admitted. S. Admitted. However, the children's bus stop is elsewhere in Plaintiff's neighborhood. 2 9. Admitted. 10. Admitted. As a result of this relocation, Plaintiff's ex-wife and his children became residents of Cumberland Valley School District. 11. Denied. On information and belief, it is denied that the Cumberland Valley School District has actually provided transportation to the children to and from the mother's Hampden Township residence on days they reside with their mother. The reason for failure to transport the children is unknown, but Cumberland Valley School District has not indicated they plan to withhold transportation services. 12. Admitted. 13. Admitted. 14. Admitted. 15.. Admitted. Respectfully submitted, Eastburn & Gray, P.C. ................. Date: Joanne D..Kommer Robert R. Watson, Jr. Catherine Nguyen Counsel for Wle3-t Shore School District 3 SCOTT T. WYLAND, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. ; CIVIL ACTION -LAW WEST' SHORE SCHOOL DISTRICT DOCKET NO: Civ 11-4407 Defendant CERTIFICATE OF SERVICE I hereby certify that on this date I served a true and correct copy of Defendant's Response to Plaintiff's Request for Admissions via first-class mail, postage prepaid addressed as follows: SCOTT T. WYLAND Hawke, McKeon & Sniscak, LLP 100 North Tenth Street Harrisburg, PA 17101 Dater l 2-C) Catherilld Nguyen, Esquire Attorney ID No. 308188 EASTBURN AND GRAY, P.C. P.O. Box 1389 Doylestown, PA 18901 (215)345-7000 EXHIBIT "A" JUN-16-2011 THU 11;14 AM WSSD TRANSPORTATION FAX NO. 7179321836 P. 01 _??'llJlpc; 4.,p'r'?-,'. lIIL7U?!I11-' GC11'a:'P?C: 7c: a Ph me ?Y- L- r l Anthony R. McNaughton Coordinator of Transportation West Shore School District 507 Fishing Creek Road, P. 0. Box 803 New Cumberland, PennsylvanlA 17070-0803 phone 717.938 2296 far, 717.932.7836 email tmcnaughton@wssd.k12.pa.us ?11 10 'l1-5 8-2.29 Fax, 6 T"7 lirReni ? r`vr cur r::erti' Rep);' :t'SAP ? ?leasc ccir+nanI F JUN-16-2011 THU 11;14 AM WSSD TRANSPORTATION FAX NO. 7179321836 P. 02 WR-18-2011 12s23 FROM:SAINT TFEWSA SCHML 7177743154 TOsIESTSHORF F.1-11 St. "I w ma School Family Roster Eawft NamdAd&w6N -maWphoniGhlltl-8 NOW Wrth Ife Ape Grade Roan To"hor WyIa1ld,KeN?;Ms. Tommo00 10 4 4A Fbob,Deb6rah,L%- 112 U AM-Court Luke 121114002 6 2 2B Moeer sww,Mra. New Gumbwlmd, hl11 1707a .: (717) p.oom 3Z0? Coll i (717} (717) 376-1103 Dad CM i Number of Families Pdn tad: 1 .p Scl?oo ? l??sfl? ?4ew address a Lcumioe r I wi& Val tr c+ 433 Woc?xr$? ??? ?>r 'N?1rCJ X1ic5`DU '?} PA 1??75G7''' a Fox *,.nd- bar?uK:.. . De air 7r a)^$ pof A.#+'aY\ rnw; r r ?\0-. W ? kd^j- f ouMk l ? W0 k toe, mo v AA kh ? s ?t?.leeK?r?'d . ., ?1 ea sc. ?no? F? yo uLr ? Ewa, ?n d.+r ? v?,r-s ? lrwer G?c+.n?? . ~Ch?ks? I act;, Cmaratr, SCOTT T. WYLAND, PLAINTIFF V. WEST SHORE SCHOOL. DISTRICT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11-4407 CIVIL TERM ORDER OF COURT AND NOW, this /I clay of August, 2011, the hearing currently scheduled for August 25, 2011, is cancelled and rescheduled to commence at 10:00 a.rrr-? Tuesday, September 6, 2011, in Courtroom Number 5, Cumberland Count&m v? Courthouse, Carlisle, Pennsylvania. ?=- °< c By the Court, -s c°z -_, Albert . Masland, J. 'Scott T. Wyland, Esquire 100 North Tenth Street Harrisburg, PA 17101 Robert Watson, Jr., Esquire 60 East Court Street Doylestown, PA 18901-0137 For West Shore School District r-? r„ saa SCOTT T. WYLAND, PLAINTIFF V. WEST SHORE SCHOOL DISTRICT, DEFENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11-4407 CIVIL TERM PRAECIPE r-.a - r* i ter C:) r .fir.., X rat n V -?C > r . ?_ c13 .< 'T' ram . -, 7 _ c ter: Kindly note the new address and law firm affiliation of the plaintiff. Respectfully submitted, Date: I?-ff SALZMANN HUGHES, P.C. By: Scott T. Wyland? Supreme Court 660 354 Alexander Spring Road, STE 1 Carlisle, PA 17015 (717) 249-6333 CERTIFICATE OF SERVICE I, Scott T. Wyland, hereby certify that on this day of October, 2011, a copy of the foregoing Praecipe was served by first class mail, postage prepaid, addressed as follows: Joanne D. Sommer, Esquire Attorney for West Shore School District 60 East Court Street Doylestown, PA 18901-0137 Respectfully Submitted, SALZMANN HUGHES, P.C. By: It, <?/-7 S ott T. Wyla Esquire Supreme C o.52660 354 Alexan er Spring Road, STE 1 Carlisle, PA 17015 (717) 249-6333 r Joanne D. Sommer, Esquire Attorney ID No. 25424 Robert R. Watson, Jr. Esquire Attorney ID No. 83787 Catherine Nguyen, Esquire Attorney ID No. 308188 EASTBURN AND GRAY, P.C. P.O. Box 1389 Doylestown, PA 18901 (215)345-7000 FILED-OFFICE OF THE PROTHONOTARY 2012 JAN 10 Am 10.2, ;U PENNSYLVANIA T? Attorneys for Defendant SCOTT T. WYLAND, Plaintiff V. WEST SHORE SCHOOL DISTRICT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DOCKET NO: Civ 11-4407 NOTICE OF APPEAL Notice is hereby given that the West Shore School District, Defendant above named, hereby appeals to the Commonwealth Court of Pennsylvania from the order entered in this matter on the 15th day of December, 2011. This order has been entered in the docket as evidence by the attached copy of the docket entry. EASTBURN BRAY, PC DATE: / 101 1Z B. OANNE D. SOMMER ROBERT R. WATSON, JR. CATHERINE NGUYEN Attorneys for Defendant (E) Pd Q'A s Sl . 00 IP Ck * 'SC I'7 401&9:5;5 7 LAW OFFICES EAST'BURN AND GRAY, P.C. 60 EAST COURT STREET P.O. BOX 1389 DOYLESTOWN, PA 18901-0137 215-345-7000 FAX: 215-345-9142 W W WYAMURNGRAY.COM 775 PENLJ YN BLUE BELL PIKE BLUE BELL,, PA 19422 215-345-7000 CATHERINE NGUYEN E-MAU--CNGUYEN®EASTBURNGRAY.COM PLEASE REPLY TO, DOYIWrOWN OFFICE ARTHUR M. EASTBURN 1911-1971 SAMUEL S. GRAY, JR. 1938-2003 THOMAS F. J. MacANIFF DEREK J. REID*+ KENNETH R. WILLIAMS JOANNE D. SOMMER DAVID L MARSHALL GRACE M. DEON* ROBERT M. COX* JUDrM A. ALGEO KELLIE A. McGOWAN* JUDY L HAYMAN* CATHERINE NGUYEN* MARK S. CAPPUCCIO ROBERT R. WATSON, JR. JOHN A. VAN LUVANEE ERIC R. TOBIN D. RODMAN EASTBURN JOHN N. SCHAEFFER, III JANE E. LEOPOLD-LEVENTHAL G. MICHAEL CARR* WILLIAM T. DUDECK* KIMBERLY LITZKE MARC D. JONAS JULIE L VON SPRECKELSEN* SEAN M. CORR* MARTHA SPERLING HUGH J. ALGEO, IV OF COUNSEL FRANK N. GALLAGHER *AM ADMnTED IN NEW JERSEY *+MANAGING SHAREHOLDER-NEW JERSEY CHARLES H. DORSETT, JR. January 9, 2012 Ms. Patricia Barrett P.O. Bog 23 Loysville, Pa. 17047 Re: Wyland v. West Shore School District Cumberland County Court of Common Pleas, Civil No. 11-4407 Request for Transcript Dear Ms. Barrett: This office represents Defendant, West Shore School District, in the above- referenced matter. Please see the attached request for a transcript of the hearing which occurred on September 6, 2011, before the Honorable Albert J. Masland. Please forward all related invoices to my attention. Thank you for your assistance. Very truly yours, r Catherine guyen CN:nhf-b Enclosure Joanne D. Sommer, Esquire Attorney ID No. 25424 Robert R. Watson, Jr. Esquire Attorney ID No. 83787 Catherine Nguyen, Esquire Attorney ID No. 308188 EASTBURN AND GRAY, P.C. P.O. Box 1389 Doylestown, PA 18901 (215)345-7000 Attorneys for Defendant SCOTT T. WYLAND, ; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ' V. ; CIVIL ACTION -LAW WEST SHORE SCHOOL DISTRICT DOCKET NO: Civ 11-4407 Defendant REQUEST FOR TRANSCRIPT OF HEARING OF SEPTEMBER 6, 2011 TO THE COURT REPORTER: Kindly provide a copy of the transcript of the Hearing before The Honorable Albert J. Masland in the above captioned matter, held on September 6, 2011. Very truly yours, EASTBURN & GRAY, P.C. Catherine Ngu n Attorney for Defendant, West Shore School District Joanne D. Sommer, Esquire Attorney ID No. 25424 Robert R. Watson, Jr. Esquire Attorney ID No. 83787 Catherine Nguyen, Esquire Attorney ID No. 308188 EASTBURN AND GRAY, P.C. P.O. Box 1389 Doylestown, PA 18901 (215)345-7000 Attorneys for Defendant SCOTT T. WYLAND, ; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. ; CIVIL ACTION WEST SHORE SCHOOL DISTRICT i DOCKET NO: Civ 11-4407 Defendant PROOF OF SERVICE This is to certify that a true and correct copy of the foregoing document was served via first class mail, postage prepaid upon the following: Hon. Albert H. Masland, Judge Melissa H. Calvaneili, Court Administrator Cumberland County Court of Common Pleas Cumberland County Court of Common Pleas Cumberland County Courthouse Cumberland County Courthouse 1 Courthouse Square 1 Courthouse Square Carlisle, PA 17013-3323 Carlisle, PA 17013-3323 Patricia Barrett, Court Reporter PO Box 25 Loysviile, PA 17047 DATE: % I"/ I Z Scott T. Wyland, Esquire Salzmann Hughes, PC 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015-7451 GRAY, PC 7O-ANNE D. SOMMER ROBERT R. WATSON, JR. CATHERINE NGUYEN Attorneys for Defendant PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2011-04407 WYLAND SCOTT T (vs) WEST SHORE SCHOOL DISTRICT Reference No... Filed......... 5/17/2011 Case Type...... TORT - OTHER Time. ... 4.12 Judgment......: 00 Execution Date 0/00/0000 Judge Assigned: MASLAND ALBERT H Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info WYLAND SCOTT T PLAINTIFF 354 ALEXANDER SPRING ROAD STE 1 CARLISLE PA 17015 WEST SHORE SCHOOL DISTRICT DEFENDANT NGUYEN CATHERINE ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - - - - - - - - - - - - - - - 5/17/2011 COMPLAINT - BY SCOTT T WYLANDR/TATTYRPRO SE ------------------------------------------------------------------- 5/17/2011 SE INTIFF'S PETITION FOR PRELIMINARY INJUNCTION - BY PLFF/ATTY PRO ------------------------------------------------------------------- 6/06/2011 ORDER OF COURT - 6/6/11 IN RE: PLFFS PETITION FOR PRELIMINARY INJUNCTION - ARGUMENT IS SCHEDULED FOR 6/30/11 AT 2:30 PM IN CR5 CUMBERLAND COUNTY COURTHOUSE - BY THE COURT ALBERT H MASLAND J - COPIES MAILED 6/6/11 ------------------------------------------------------------------- 6/14/2011 SHERIFF'S RETURN - 06/02/11 - SERVED COMPLAINT AND NOTICE UPON WEST SHORE SCHOOL DISTRICT AT 507 FISHING CREEK ROAD NEW CUMBERLAND PA 17070 SHERIFF COSTS: $37.44 ------------------------------------------------------------------- 6/21/2011 PRAECIPE TO ENTER APPEARANCE - BY CATHERINE NGUYEN ATTY FOR DEFT ------------------------------------------------------------------- 6/21/2011 PRELIMINARY OBJECTIONS - BY CATHERINE NGUYEN ATTY FOR DEFT ------------------------------------------------------------------- 7/11/2011 ORDER OF COURT DATED 7-11-11 IN RE PETITION IS **DENIED** - HEARING SCHEDULED FOR AUGUST 25 2011 AT 2 30 PM AT 2 30 PM IN CR 5 - BY THE COURT ALBERT H MASLAND J- COPIES MAILED 7-11-11 ------------------------------------------------------------------- 7/22/2011 DEFENDANT RESPONSE TO PLFF'S REQUEST FOR ADMISSIONS - CATHERINE NGUYEN ATTY FOR DEFT ------------------------------------------------------------------- 8/17/2011 CANCELLEDCANDT // //RESCHEDULED TON9/R6/11EQ 1O:00CAMDINECRFO5R //CUMB5CO11 IS COURTHOUSE - BY THE COURT ALBERT H MASLAND J - COPIES MAILED 8/18/11 ------------------------------------------------------------------- 10/05/2011 PRAECIPE - BY SCOTT T WYLAND ATTY/PLFF ------------------------------------------------------------------- 12/15/2011 ORDER OF COURT - 12/14/11 - IN RE: PLFF'S PETITION FOR PRELIMINARY INJUNCTION - IS GRANTED - DEFT IS HEREBY ENJOINED TO PROVIDE TRANSPORTATION SVCS TO PLFF'S CHILDREN - BY THE COURT ALBERT H MASLAND J _ COPIES-MAILED 12/1611 - - - - - - - - - - - - - - LAS ENTRY ******************************************************************************** * Escrow Information * Fees & Debits Beq*Bal***Pmts/Adl End Bal ******************************** **** ****** ******************************* COMPLAINT 55.00 55.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 23.50 23.50 .00 ------------------------ ------------ 92.00 92.00 .00 PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2011-0,OT07 WYLAND SCOTT T (vs) WEST SHORE SCHOOL DISTRICT Reference No... Filed......... 5/17/2011 Case Type...... TORT - OTHER Time. .... : 4.12 Judgment......: 00 Execution Date 0/00/0000 Judge Assigned: MASLAND ALBERT H Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** * End of Case Information TRUE COPY FROM RECORD In Tes*rMy whw O,1 herOVOW 8* My hand and go 06 at °°_XtNt CM04 tom.. r?hor+aan? SCOTT T. WYLAND, PLAINTIFF V. WEST SHORE SCHOOL DISTRICT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 11-4407 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of January, 2012, Defendant shall file and serve a copy in the chambers of this judge a concise statement of errors complained of on appeal within twenty-one (21) days of this date. By the Court, Albert H. Masland, J. Scott T. Wyland, Esquire 354 Alexander Spring Road, Suite 1 `? Carlisle, PA 17015 j ; led 0 Catherine Nguyen Esquire P I1A =;:0 = , PO Box 1389 3 Doylestown, PA 18901 CD--n For Defendant y' C7 x? 3 - :saa w SCOTT T. WYLAND, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WEST SHORE SCHOOL DISTRICT, DEFENDANT : 11-4407 CIVIL TERM IN RE: OPINION PURSUANT TO PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1925 Masland, J., February 6, 2012:-- When the matters complained of are clear, this court does not request a concise statement pursuant to Pa.R.A.P. 1925(b). In this case, however, we felt that there may have been something we missed in our opinion, which is attached hereto and incorporated by reference. Although we hoped the statement would enable us to more clearly set forth our reasoning for the Commonwealth Court, upon receipt of Defendant's twenty-eight (28) errors complained of, we were dumbstruck. Never before had we erred so much in so short a space. Perhaps, we misinterpreted the term "resident pupils"? Although we believe our assessment to be correct, we will correct any error(s) that the Commonwealth Court finds. Perhaps, the Defendant misinterpreted the term "concise"? We leave it to this Honorable Court to determine if the Defendant "doth protest too much." By the Court C-) c- ,. a r , 1 T? rn y- T Cn AI ert H. Masland, J. cz, ? T ?-. 11-4407 CIVIL TERM Scott T. Wyland, Esquire 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 ? Robert Watson, Jr., Esquire PO Box 1389 Doylestown, PA 18901 For West Shore School District saa Og5,Ps pwa.ded alleJia gk-? I -2- CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) Commonwealth Court of PA To the Prothonotary of the Apellate Court to which the within matter has been appealed: Commonwealth Court of PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as;gquirec by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcril-4 of proceedings, if any, and the docket entries in the following matter: ,T c? r•;?. SCOTT T. WYLAND rv :? -0 < s ' Vs. z?r . 3> WEST SHORE SCHOOL DISTRICT CD 2011-4407 CIVIL TERM 27 CD 2012 The documents comprising the record have been numbered from No. 1 to 167, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to t*Appellate Courts 02/27/2012. Davi . Buell, Pr Alma Kostjerevac, An additional cony of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) Commonwealth Court of PA To the Prothonotary of the Apellate Court to which the within matter has been appealed: Commonwealth Court of PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: SCOTT T. WYLAND Vs. WEST SHORE SCHOOL DISTRICT 2011-4407 CIVIL TERM 27 CD 2012 The documents comprising the record have been numbered from No. 1 to 167, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 02/27/2012. David D. WjjA, P-r Alma Kostjerevac, An additional copy of this certificate is enclosed. Please sign and date cony, thereby acknowledging receipt of this record. Date Signature & Title uuwcJ--LC"'Lu ?.vulll.y riv_.z")!!,'-'Uctt v ' .2 i lU_?11 Civil Case Print 2011-04407 WYLAND SCOTT T (vs) WEST SHOP _E SCHOOL DISTRICT Filed ......•• 4:12 Reference No..: 5/17/2011 Case Typt......:'TORT - OTHER 00 Time. .Execut. . . ion Date" 0/00/0:12 Judgme ••• Jury Trial.... Judge A Assssi gned: MASLAND ALBERT H Disposed Date. 0/00/0000 Disposed Desc.: --- Higher Crt 1.: 27 CD 2012 ________.__-- Case Comments ----- Higher Crt 2.: ttorney Info General Index WYLAND SCOTT T PLAINTIFF 354 ALEXANDER SPRING ROAD STE 1 CARLISLE PA 17015 WEST SHORE SCHOOL DISTRICT DEFENDANT NGUYEN CATHERINE ******************************************************************************* * Date Entries ******************************************************************************* 1-11 5/17/2011 ,73'31 5/17/2011 .22 6/06/2011 3 :336/14/2011 q 6/21/2011 3S".39 6/21/2011 qO 7/11/2011 y/-N I 7/22/2011 448 8/17/2011 (fq-SD 10/05/2011 S 1-6 112/15/2011 6;.-671/10/2012 6$ 1/12/2012 6R-7`1 1/27/2012 "75-,7"72/02/2012 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - BY SCOTT T WYLAND / ATTY PRO SE ------------------------------------------------------------------- PLAINTIFF'S PETITION FOR PRELIMINARY INJUNCTION - BY PLFF/ATTY PRO SE ------------------------------------------------------------------- ORDER OF COURT - 6/6/11 IN RE: PLFFS PETITION FOR PRELIMINARY INJUNCTION - ARGUMENT IS SCHEDULED FOR 6/30/11 AT 2:30 PM IN CRS CUMBERLAND COUNTY COURTHOUSE - BY THE COURT ALBERT H MASLAND J - COPIES MAILED 616111 ------------------------------------------------------------------- SHERIFF'S RETURN - 06/02/11 - SERVED COMPLAINT AND NOTICE UPON WEST SHORE SCHOOL DISTRICT AT 507 FISHING CREEK ROAD NEW CUMBERLAND PA 17070 SHERIFF COSTS: $37.44 ------------------------------------------------------------------- PRAECIPE TO ENTER APPEARANCE - BY CATHERINE NGUYEN ATTY FOR DEFT ------------------------------------------------------------------- PRELIMINARY OBJECTIONS - BY CATHERINE NGUYEN ATTY FOR DEFT ------------------------------------------------------------------- ORDER OF COURT DATED 7-11-11 IN RE PETITION IS **DENIED** - HEARING SCHEDULED FOR AUGUST 25 2011 AT 2 30 PM AT 2 30 PM IN CR 5 - BY THE COURT ALBERT H MASLAND J- COPIES MAILED 7-11-11 ------------------------------------------------------------------- DEFENDANT RESPONSE TO PLFF'S REQUEST FOR ADMISSIONS - CATHERINE NGUYEN ATTY FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - 8/17/11 - IN RE: HEARING SCHEDULED FOR 8/25/11 IS CANCELLED AND RESCHEDULED TO 9/6/11 @ 10:00 AM IN CR 5 CUMB CO COURTHOUSE - BY THE COURT ALBERT H MASLAND J - COPIES MAILED 8/18/11 PRAECIPE - BY SCOTT T WYLAND ATTY/PLFF ------------------------------------------------------------------- OPINION AND ORDER OF COURT - 12/14/11 - IN RE: PLFF'S PETITION FOR PRELIMINARY INJUNCTION - IS GRANTED - DEFT IS HEREBY ENJOINED TO PROVIDE TRANSPORTATION SVCS TO PLFF'S CHILDREN - BY THE COURT ALBERT H MASLAND J - COPIES MAILED 12/16/11 ------------------------------------------------------------------ NOTICE OF APPEAL TO COMMONWEALTH COURT - BY JOANNE D SOMMER ATTY FOR DEFT ----------------------------------------------------------------- ORDER OF COURT - 1/12/12 - IN RE: DEEFT SHALL FILE AND SERVE A COPY IN THE CHAMBERS OF THIS JUDGE A CONCISE STATEMENT OF ERRORS COMPLAINTED OF ON APPEAL WITHIN 21 DAYS OF THIS DATE - BY THE COURT ALBERT H MASLAND J - COPIES MAIELD 1/13/12 ------------------------------------------------------------------ CONCISE STATEMENT OF ERRORS COMPLAINT OF ON APPEAL PER APPELLATE RULE 1925B - BY ROBERT R WATSON JR ATTY FOR DEFT COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING #27 CD 2012 ---- = ---------------------------------------------------------- V.1UI1_4'C-L_L.CLIAU LI-)I-L.L.'.-V t tJ d.V .?. 'v J_:_ °y Civil case 2011-04407 WYLAND SCOTT T (vs) WEST SHORE 13CHOOL DISTRICT Reference No.. Case Type ..... : TORT - OTHER Judgment ......: 00 Jude Assigned: MASLAND ALBERT H Disposed Desc.: ------------- Case Comments --------------- q%-7 / 2/06/2012 eO-(672/07/2012 2/27/2012 rage Filed........: 5/17/2011 Time.........: 4:12 Execution Date 0/00/0000 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt 1.: 27 CD 2012 OPINION PURSUANT TO PA RAP 1925 - 2/6/12 Higqher Crt - BY THE COURT ALBERT H MASLAND J - COPIES MAILED 2/6/12 ----------------------------------------------------------------------- TRANSCRIPT OF PROCEEDINGS - PROCEEDINGS HELD BEFORE MASLAND ON SEPT 6 2011 --------------------------------------------------------•------------ NOTICE OF DOCKET ENTRIES MAILED TO CATHERINE NGUYEN ESQ JOANNE D SOMMER ESQ ROBERT RICHARD WATSON JR ESQ SCOTT THOMAS WYLAND ESQ - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be *Bal*** mts/Adl End Bal ******************************** ****P ****** ******************************* COMPLAINT 55.00 55.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 23.50 23.50 .00 APPEAL HIGH CT - 57.00 57.00 - - - - .00 -------- -------------- 149.00 ------- - - 149.00 - .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and f said Court at C;ariisle, Pa. T 2rSay of, 20_j2,_ Pro7notary Commonwealth of Pennsylvania County of Cumberland ss: 1, David D. Buell , Prothonotary of the Court of Common Pleas in and for said Countv, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein SCOTT T. WYLAND Plaintiff, and WEST SHORE SCHOOL DISTRICT Defendant, as the same remains of record before the said Court at No. 2011-4407 of Civil Term'27 CD 2014 In TESTIMONY WHEREOF, I have hereunto set rn P land and affixed the seal of said Court this 27 day _ f February A. D., 2012 Prothon?itarv I, Kevin A. Hess President Judge of' the Ninth .Judicial District, composed of the County of Cumberland, do certify that David D. Buell by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of COMIT1011 Pleas of said County, was, at the time of so doing, and now is 11'rothonotarv in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the r ear officer. -17 President ,tudac Commonwealth of Pennsvkariia County of Cumberland ss" 1, David D. Buell Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Kevin A. Hess by whom the foregoing attestation was made. and who has thereunto subscribed his name, wits, at the time of making thereof, and still is President,ludge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified, to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicaturf,- as elsewhere. IN "TESTIMONY WIIEREOF. I have hereunto set my hand and affixed the seal 01" said Court this /2q, -dav of F arv A. D. 2012 . Proshoool"m No. Term 19_- No. 2011-4407 Civil Term 27 CD 2012 SCOTT T. WYLAND Versus WEST SHORE SCHOOL DISTRICT EXEMPLIFIED RECORD From Cumberland County Debt, . . . S_ Int. from Costs Entered and Filed Prothonotary a I Among the Records and Proceedings enrolled in the court of Common Pleas in and for the Cumberland county < in the Commonwealth of Pennsvivania 2011-4407 to No. 27 CD 2012 Term, 19 is contained the following: COPY OF Appearance DOCKET ENTRY SCOTT T. WYLAND vs. WEST SHORE SCHOOL DISTRICT **SEE CERTIFIED COPY OF DOCKET ENTERIES**