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Home My WebLink About12-6791COMMONWEALTH OF -tNNSYLVANIA COURT OF COMMON -LEAS JUDICIAL DISTRICT IVOTI~E OF APPEAL DISTRICT JUSTICE JUDCsMENT COMMON -LEAS Nv J ~ _ ~.ivi NOTICE OF APPEAL Notice is given that the appelksnt hos filed in the above Court of Common Pleas an upped from the judgment rendered by the District Justice on the date and in the case mentioned bekyw. J n I ly s. Leo; mY ~ oa A 3 -off -7 b Tp ry (-~ rLI C'~ ~h D~e~ ~J~ ! /d~,.S'_ QAh OF JtAC~AAElti N TFE CASE OF (PlaintiHl (Peibidrrtl Jo 17/~„oI~L Si,el~v ~, f~~; vs ~u~~ /'~~~d[et~-~ 5~.~,~i D~s~,~~~- cv 20) ~ -1 as LT 20 j~ This bkxk wiq be signed ONLY when this notation is required under Pa RCJ'JP. No. ff appellant waS CLAIMANT (See Pd. R.C.P.J.P. NO. 10088. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before DlstflCt Justice, fle MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after _ filing his NOTICE of APPEAL. ignature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of corm to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from cgoy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Cannwn Pbas Na appeNee(s), to fik a complaint in. this upped Name of Agoellee(s) _) within twenty (20) days after service of ruk or suffer entry of judgrnerM' of non pros. Siyrtettne d anpeMerk or his atlnmsy or apsnt RULE: To Mar-re a agoeMeefsJ appease(s). (1) You ore notified that a ruk a hereby entared upon you to fik a complaint in this upped within twenty (20) days after the date of service of this Wile upon you by persor-d service or by certified or nsgistared mail (2) ff you do not free o complaint within this time, a JUDGMENT OF NON PROS MALL BE ENTERED AGAINST YOU. (3) The dale of service of this Wile if service was by mat is the dale of maiang. Dale: . 20.. sIP-arn a- r~othorroery a- ~b ~, AOPC312-90 Cd?IJRT FILE TO E3E FILED WITH PROTHONOTARY r- - Q ~ ~gty3 ~~ a~a~s~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) t7AYS AFTER t<lirag the native of appeal. Check applicable boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: i hereby swear of affirm that i serveb ^ a copy of the Notice of Appeal, Common Pleas No. ___..__ ~ __ _______._____.______: upon the C}istrict Justice designated therein ePr (date of service) ~ _~_...______ ^ by Personal service ^ by (certified) (registered) mail, sender"s receipt attached hereto, and upon the appelle, (name) _____ ______.__~ ___ _______..._,. .__.__ -~ 20 ^ lay persona( service ®by (certified) (registered) mail, sender's receipt attached hereto. ^ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appeiiee(s) to whom the Rule was addressed on _____ _,..__._.._.~_.___________ : ~~ ~______ ^ bypersonal service ^ by {certrf~d) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS DAY OF' 2U Signature of afllant Signature of ofl"icial before whom affidavit was made True of offrcial My commission eacpires on __.__ , zfl~.___..___ ~~~ Y ~' ~ C~~; ~. ~ X11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of JudgmentJTranscript Civil Case Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7872 Benjamin Pratt, Esq. Cga Law Firm 135 N George St York, PA 17401 Disposition Summary Docket No Plaintiff MJ-09303-CV-0000195-2012 Shelly J. Lappi Sheily J. Lappi V. South Middleton Schoa! District Docket No: MJ-09303-CV-0000195-2012 Case Filed: 7/5/2012 DisDOSitian Disnosidon Date South Middleton School District Judgment for Defendant 10/17/2012 ANY PARTY HAS THE RIGHT TO APPEAL WITHlN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED !N THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT 13 ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS 1N FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. !D-l7 L.~ ~' ~ Date Magisterial District Judge Susan K. Dav ,-.~ ce a s s a rue an cores copy a taco o e procee ngs con a n ng e u gmen . Date Magisterial District Judge ~ MDJS 3 i 5 _ w _ _ ~w. __ -^ _ ~~~-~~ ~~~~ Pa e 1 of t 9 Printed: l0/1712012 9:44:41AM rA Shelly J. Lappi v. South Middleton School District Privates} Benjamin Pratt, Esq. Cga Law Firm 135 N George St York, PA 17401 Philip Haring Spare, Esq. Stock And Leader 221 W Phila St Ste E 604E. York, PA 17401-2994 Plaintiff(s) Shelly J. Lappi 148 Tory Circle Enola, PA 17025 Defendant(s) South Middleton School District 4 Forge Road Boiling Springs, PA 17007 Participant List Docket No.: MJ-09303-CV-0000195-2012 _ ~_ MDJS 315 .._ _ _ __.__ _ _ . _wa, m Page 2 of 2 Printed: 10/17/2012 9:44:41AM m, ., _ .. _,_.s'.' ,....~.,.. COMMONWEALTH O- PENNSYLVANIA NOTICE OF~ APPEAL COURT OF COMMON PLEAS FROM /UDIGIAI DISTRICT DISTRICT JUSTICE JUDGMENT ,. h COMMON PLEAS Ne _.. t ~' i i NOTICE OF APPEAL Notice is given that the appellant has filed in the above Cowt of Common Pleas an appeal from the judgment rendered by the District Justice on the dohs and in the case mar-tionsd bebNc tJ -- t-- UTY SPATE f 7 ~ ~G r ~..~ •~c 1~, c ~J ~,~ l 70o~.S_" N (PleirfiH) (Daibnalntl ~~ f ~;~.. J~~. ~~ ~ ~ ~puf'L1 ~+dj ~~~'~Ukj ~~~}f' ~r~~f~C.T r E T LT 20 ~ i ~ ~; -,., This block wi'd be signed CtPIIY when this notation is required unde~rPa. R~CJ'JP. Mo, If ap~,elAant NraS CLi?fIMAAdT (eeeV?a. R.C.P.J.P. NO. 10088 This Notice of APPeo1, when received by the District Justice, will operate as a 1001(6) in action before District Just)ce, he Ml1ST SUPERSEDERS to the judgment for possession in this cash FILE A COMPLAINT within f wanly (20) days after filing his NOTICE of APPEAL. a tk~puty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of foml to be used ONLY when appellant was QEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF MOT USED,.. detach howl copy of notice of appeal to be served upon appellee). PRAECIP~t To Prothonotary Enter rule upon „~,,1e a appeAbe(s) , appeNse(s), to free o comploiM in Mrs upped (Conxrlon Pls~ Nn )within twerMy (20) days after service of Wile or suffer entry of judgrrbrW of 'non pros. Slpna~e d ggosEsrk or his atscn-sy or anent RULE: Tc , app~(s~. Msme d appeAbe(sl (1) You am notified that a rule is hereby entered upon you to file a complaint in Mrs upped within twenty (20) days after the date of service of Mrs rule upon you by personal service or by certified or registerod mark (2~ ff you do not fik a complaint within this time, a JUDCsMENT OF NON PROS WRL 8E ENTERED AGAINST YOU. (3) The dale of service of Mrs nrle iF service was by mark is the dohs of mar'ki'ng. Date: , 20- . S~rrMw d Aoshorrosry er apb t „ . ` ~~ r ~~ Aohc stz-ett CC?URT FILE ~ ' ~ :~~:< < J ~` .t ~~ ~ ~~- i'.1 ~L'i^ 23.1 .a { a ~ 9 L~}S1.t+~ e ~~~1~ ~ 1~ PROOF OF 3ERYtCE 4 OTICE OF p--PPEAL ~-ND RULE,TO FiL~~CO~~T (This ptloof of serv~c~ MUST ~E FtLED WITHIN TEPt (1t}) €}pYS AFTEf2 fiNn~ fhe r~ies ofappesL Check applicable boxes) COMMON WEALTH OF~P~YLYANIA COUNTY O~ ~~~,+~ bar ~ 91. -~ ; ss AFf IOAViT: l M~reby swear of aff~rr» that I served ^ a copy of the Notice of A,pp4,~l, Comm n Pleas Na ~~" C7 ~ + `_~, upon the District ,lustice designated3tterein ors: (date of service) /S/d~~~ b~'~!_~_____. ^ by personal ennce ~ Eby (cef~itRedj (regl~tered) mail, sender`s receipt ttadl hereto, and u n the appeiie, (name) ~a+.t~' ~ 'h:~ ~~ h ~ c. ~t ~ ~S~t`; L}' ___ : on ~~~t,va a.01 20 t,~ ^ by mat seiwitt~r~'#yr (~} ~r~M~ed) tr~,~'~Brndelr's r8c'~ipE. atl8d~ed t+eret0. ^ and further that I served the Rule to File a Camptaint accompanying the above Notice of Appea! upon the appeltee(s) to w4~om the Rule was addressed on 20 ^ byper~or~tvice-^ by(ed~{registered) .mail, sender's receipt attaa,~i~d hereto: SWORN (AFFIRMED) AND SUSSGRIE3ED-B£FOi2£ M£ , ~.. j .J.- ___._... THIS ~~~ _DAY OF /t-j t.~~/, 20_,/'~ ~ r '~ (~. D ""- -- ( /D /~/ :. ~ ure of aflrant 5~~~ re of al~ciaT~o-+s wham &~`talakif was made - `' ~` ° ~rJ~ALTFf ~' /~' .~ ~~ 1 Y~^ ~~~~ Nota r TfNB 0f 0111Ct8t ''~~3athe Ei. Pt, ~ ~, _ , r ucrUC City W York ~,; R Goun OR _~~l ~~ - My Commission ~cpires June: 9 2044` ~~,' .~ u7 ~" .• u7 y - o m ~- ~:H ~ , Z ~s"r ar' Q ~ ~ ^~ r3~'zr8«f^ e ~i7 NeY B+° p~~p , "Wr t~0.0+~ ( _ , a .. . ~ r.. .. re'~~ pp e 5~ r~ 1~ ru Sent To ~vn. Suswn u~Drx ~ /y~5 04 -~s-U3 _... E O SYreeG APL No.1- w PO Boz No. - ~,# h _-_-.-; -- / (~ 0. ~~ l6 7 I ~, gym, state. z~P+a jyou •,~- Nd l/y St°^°~Ss~ ~I 17~~ 5~ i ~,;; , tr ~- ~ . rn ~r un . ~.,. .,. - z ~"..# ~ ~ ' (~ #_ ` . ~ {E 4 al'„X PFD : r_i: Sent To ~ ~ Stroet Apt ha ~y ) or FO Box Nc C( f c, ~` c `~C ~ j tarry, $Yate,~2ft9+4 ~ ~ ~i D ~(7 U ' ~~ n(' n. r..i ~. tl ~. ,,..~ v Benjamin L. Pratt, Esquire PA 68388 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) bpratt@cgalaw.com SHELLY J. LAPPI, Plaintiff v. SOUTH MIDDLETON SCHOOL DISTRICT, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2012-6791 Civil Term JURY TRIAL DEMANDED NOTICE TO DEFEND Pursuant to Pa. R.C.P. 1018.1 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 Amended Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Amended Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES 1'O ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. The Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17103 Telefono No. (717) 249-3166 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL Conforme a Pa.R.C.P. 1018.1 USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas usted tienen que tomar accion dentro veinte (20). Dias despues que esta Demanda y aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en al demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJAD AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE CCjMO CONSEGUIR UN ABOGADO. SI USETED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Colegio De Abogados Del Condado De Cumberland Abogacia Del Condado De Cumberland 32 Sur Bedford Calle Carlisle, PA 17103 Telefono: (717) 249-3166 {00653301/2} 2 Benjamin L. Pratt, Esquire PA 68388 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) bpratt@cgalaw.com SHELLY J. LAPPI, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, :PENNSYLVANIA v. . No. 2012-6791 SOUTH MIDDLETON SCHOOL :Civil Term DISTRICT, . Defendant. :JURY TRIAL DEMANDED COMPLAINT AND NOW, TO WIT, this day of Novmeber 2012, comes Plaintiff, Shelly J. Lappi, by its attorneys, CGA Law Firm, and files the within Complaint as follows: PARTIES, JURISDICTION and VENUE 1. The Plaintiff, Shelly J. Lappi ("Lappi"), is an adult individual residing at 148 Tory Circle, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant, South Middleton School District ("SMSD"), is a Pennsylvania School District with a mailing address of 4 Forge Road, Boiling Springs, Cumberland County Pennsylvania, 17007. 3. This Court has personal and subject matter jurisdiction over the instant dispute. (00653301/2} 3 4. Specifically, both parties conduct business in the state of Pennsylvania and maintain a residence and/or office addresses in the State of Pennsylvania. Venue before this Court is proper before this Court against the individual defendant under Pa.R.C.P. 1006. FACTUAL BACKGROUND 6. Plaintiff was employed by Defendant as Assistant Principal at W.G. Rice Elementary School pursuant to an Administrative Compensation Plan ("Act 93 Plan"). W.G. Rice Elementary School is a school within Defendant's district. The Act 93 Plan contains a provision at section 2.0 entitled "Professional Growth Guidelines," which contains the language "[e]nrollment in a graduate course and/or program shall be reimbursed for full (100%) tuition, subject to the following provisions" (See "South Middleton School District Administrative Compensation Plan" attached as Exhibit A) 9. The relevant provision at 2.6 states, "[s]hould an employee voluntarily leave the employment of [SMSD] with a three (3) year period following the date of completion of the course(s), the employee shall repay to [SMSD] the reimbursement at a rate of 1/3 the cost per credit reimbursed, multiplied by the number of years remaining on the three (3) year period" (emphasis added). (Exhibit A). 10. During a meeting on February 28, 2012 between Plaintiff and Dr. Sanker, Dr. Sanker informed Plaintiff that Plaintiff s position as Assistant Principal at W.G. Rice Elementary School would be terminated prior to the 2012-2013 academic school year. {00653301/2} 4 11. Pursuant to Dr. Sanker's encouragement and notice that the Assistant Principal position held by Plaintiff was being terminated, Plaintiff began seeking employment elsewhere. 12. On Apri122, 2012, Plaintiff emailed Dr. Sanker to notify her that the she was a finalist for a position at another school district and reemphasized that Plaintiff "still prefer[s] to stay at South Middleton." (See emails dated April 22, 2012 between Plaintiff and Dr. Sanker at Exhibit B). 13. Along with Plaintiff s reinforcement to Dr. Sanker regarding her desire to work at SMSD, Plaintiff requested Dr. Sanker to notify the SMSD School Board that Plaintiff is still "interested in [a possible promotion] to IFEC but [Plaintiff) had to explore options just in case." (Exhibit B). 14. On April 30, 2012, the SMSD School Board voted to eliminate an Act 93 position; the result of the vote was released in a press release and Dr. Sanker verbally notified Plaintiff that her position was the Act 93 position to be terminated well in advance of the press release. (See press release of May 1, 2012 from The Sentinel, a local news agency entitled "More positions to be cut in the South Middleton School District" at Exhibit C). 15. On or about May 22, 2012, Plaintiff notified Defendant school district that due to Defendant school district's termination of Plaintiff s previously held Act 93 Plan administrative position she was resigning from her position at SMSD and that she had accepted employment at another school district for the 2012-2013 school year. 16. On June 19, 2012, Richard R. Vensel ("Vensel), Business and Operations {00653301/2} Manager of SMSD, notified Plaintiff that the SMSD School Board had accepted Plaintiff s resignation. (See email dated June 19, 2012 from Vensel to Plaintiff at Exhibit D). 17. Furthermore, in the June 19, 2012 email, Vensel notified Plaintiff that SMSD would be withholding "approximately $9,137.20" from Plaintiff s final payments of July 6, 2012, July 20, 2012, August 3, 2012, August 17, 2012 and August 31, 2012 cover the "tuition reimbursement" that Plaintiff had received while employed by SMSD. (See Exhibit D). 18. Furthermore, Vensel notified Plaintiff that SMSD would not reimburse her $1,000.00 for tuition costs that Plaintiff had submitted in June 2012. (See Exhibit D). Count I -Breach of Contract 1.9. Paragraph Nos. 1 through 18 above are incorporated herein by reference as though they were set forth herein at length. 20. Plaintiff expressly denies that SMSD is due and owing any money for tuition reimbursement costs because her Act 93 position was terminated. 21. On or about June 25, 2012, Defendant school district issued a payroll check to Plaintiff with a net amount of $0.00 and a deduction in the amount of $9,137.17. (See payroll check and statement at Exhibit E). 22. Pursuant to Section 2 of the Act 93 Plan, Plaintiff is entitled to "[e]nrollment in a graduate course and/or program shall be reimbursed for full (100%) tuition, subject to the following provision[]; provision 2.6 of the Act 93 Plan states, "[s]hould an employee voluntarily leave the employment of [SMSD] with a three (3) year period following the date of completion {00653301/2} 6 of the course(s), the employee shall repay to [SMSD] the reimbursement at a rate of 1/3 the cost per credit reimbursed, multiplied by the number of years remaining on the three (3) year period" (emphasis added). (Exhibit A). 23. Moreover, Defendant has failed to reimburse Plaintiff One Thousand Dollar ($1,000.00) for tuition cost reimbursement pursuant to Section 2 of the Act 93 Plan because Defendant claims that Plaintiff voluntarily withdrew her employment. 24. Plaintiff wholly committed herself to SMSD and notified Dr. Sanker of her intent to continue her employment at SMSD if the opportunity presented itself. 25. From February 28, 2012 through May 22, 2012, Defendant did not offer Plaintiff employment in Defendant's school district for the 2012-2013 school year. 26. Plaintiff was not notified of any administrative openings in SMSD nor did SMSD offer Plaintiff the ability to retain her current Act 93 Plan position at SMSD for the 2012-2013 school year. 27. Plaintiff applied for, ascertained, and accepted a new position due to the fact that her job was involuntarily being terminated by the Defendant. 28. Plaintiff resigned from her Act 93 position at SMSD after receiving an employment opportunity from another school district, and no assurance of a position with SMSD. 29. Defendant has violated the Act 93 Plan by withholding $9,137.17 from paychecks of Plaintiff. {00653301/2} 7 30. Defendant violated Act 93 Plan by failing to reimburse Plaintiff $1,000 due for submitted and approved tuition reimbursement. WHEREFORE, Plaintiff demands judgment in the sum of Ten Thousand One Hundred and Thirty-Seven Dollars and Seventeen Cents ($10,137.17) together with costs and with interest, attorney's fees, costs of suit, in addition to any other remedies this Honorable Court deems just and equitable. CGA Law Firm ~~ ~ ~ ~ By: Benjamin L Pratt, Esquire PA 68388 1.35 North George Street York, PA 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 bpratt@cgalaw.com {00653301/2~ 8 VERIFICATION I hereby affirm that the following facts in the attached Complaint are based upon information, which has been furnished to counsel in the preparation of this document. The language of the attached Complaint is that of counsel and not mine. I have read the attached Complaint and to the extent that the same is based upon information, which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the attached Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid attached Complaint are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. _------ Date: ~- Sh y J. La i SHELLY J. LAPPI, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, :PENNSYLVANIA v. No. 2012-6'791 SOUTH MIDDLETON SCHOOL :Civil Term DISTRICT Defendant, :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on this ~ 6 day of November, 2012 a true and correct copy of the Complaint has been served via first-class mail, postage prepaid, upon the following: Dr. Patricia B. Sanker, Superintendent South Middleton School District 4 Forge Rd. Boiling Springs, PA 17007 CGA LAW FIRM ~5~~ ~ J~. Shane M. Rohrbaugh, Paralegal for Benjamin L. Pratt, Esquire ~00653301/2f 10 7174863;,54 ~ 02;41:00 p.m. 06-19-2012 2 /15 1 SOUTH MIDDLETON SCHOOL DISTRICT ADMINISTRATIVE COMPENSATION PLAN Effective July 1, 2008 through June 30, 2012 .. Board Approved: June 16, 2008 EXHIBIT ,7174863654 02:41:07 p.m. 06-19-2012 3 /15 -s ADMINISTRATIVE COMPENSATION PLAN INTRODUCTION The basis, far the Administrative Compensation Plan for the South Middleton School .. - - District is the Compensation Plan developed bythe Pennsylvania School Boards Association. This plan includes the pofentiaf of a performance incentive increase ab6ve an annually established base. The Superintendent or designee shall annually evaluate the administration prior to budget review, using the evaluation instrumerit found in Appendix A. A _ .. -> ,. 3 z ;~; 2 7174863654 FRINGE BENEFITS 1.0 Job Related Expenses Mileage Reimbursement - 02:41:16p.m, 06-19-2012 4/15 All administrator's required to use their peisaiial ~ vehicles during the course of employment, shall be reimbursed a mileage ~ailawance at the rate per-actual mile as published by.the Internal Revenue Servjce at the allowed. standard flat rate #orpersonal income tax deductioh purposes. 2.0 Professional Growth Guidelines Enrollment in a graduate course and/or program shall be reimbursed for full (100%) tuition, subject to the following provisions: 2.1 Prior approval must be given by the Superintendent or his designee. 2.2 The course could be approved as a part of an accredited graduate pmgram to another field of certification that would benefit the school district. 2.3 The course could be requested by the Superintendent on the basis of its value to the school district. 2.4 The school administrator must provide evidence ofsuccessfulcompletion - a final grade of "A" or "B" or "PASS", when Pass-Fail is mandatary, via official grade sheet and a receipted tuition bill as evidence of course payment. Should the administrator fail to achieve a satisfactory grade or withdraw from the course no reimbursement will be made. 2.5 The district shall reimburse a full-time administrator the full tuition cost for graduate credits up to but not exceeding the cost of the in-state Pennsylvania State University-University Park per credit tuition cost for regular graduate programs upon evidence of satisfactory completion of the approved course. Administrators, who were previously approved into a graduate program with a higher tuition reimbursement level than the above, will be allowed to complete those programs with the higher reimbursement amounts as previously agreed upon. 2.6 Should an employee ~ leave the employment of the District within a three (3) year period following the date of completion of the course(s), the employee shall repay to the South Middleton School District the reimbursement at a rate of 113 the cost per credit reimbursed, multiplied by the number of years remaining of the three (3) year period. Repayment to the district shall apply only to credits reimbursed after the first Master's degree. 3 ,7174$63654 02:41:32 p.m. Ob-19-2012 5115 v Withholding of the amount owed will occur on the final paycheck from the District to the employee. If the final paycheck is insufficient to cover the amount owed, the employee will `pay the amount -owed within, 90 days of terminating employment. 2.7 Courses taken: "specific to professional development and courses approved on their value to the school district are exempt from reimbursement as provided far in Professional Growth Guidelines, Item 6. 3.0 Leaves of Absence Ai{Administrators will be granted leave as specified in sections 111.1 through Il1.7 below. Only 12 month administrators~wi~l be granted vacation days. and paid ha[idays as specified in sections 111.8 through 111:9 3.1 Sick Leave 3.1.1. Sick Leave shall be accumulated at the rate of 1'0 days per year. The accumulation will be `credited on a monthly basis at a rate of .8333 days/month: 3:1.2 'Sick leave ~ includes injury, illness, and medical appointments which prevents the administrator from the perEorrriance of duties. 3.1.3 Unused sick leave maybe accumulated without limit. 3.1.4 An administrator may use up to 5 days of sick leave per year to care far an administrator's~spouse, child, stepchild, son=ln-law, daughter-in-law, parent, father-in-taw, mother-in-law, brother, sister, brother in-law, sis#er- " in=law; grandparents; grandcfiildren, niece, nephew, and any other ' member of the immediate household in the.event of sickness. 3.2 Personal Leave 3:2.1 Personal leave days shall 'be granted at the time of hiring as follows: `Hiring Month °~ . E July througH September ~ ~ ~ ~ ~ 3 days October through December " ~ 2 days " January through March ~1 `day April through June .5 day Each year of continued employment thereafter, 3 days of personal leave will be granted on July 1 of each year. 4 7174$63654 02:41:46 p.m. 06-19-2012 6 /15 3.2.2 Persona! leave may be. accumulated. to .7 days. An administrator planning 'to use, .personal leave ;time shall, notify the, Superintendent in writing in advance of his absence, Any personal leave :accumulated in excess of 7 days will be credited as unused sick leave days. Upon retirement from employment .wi#h.,~-.the. District, unused ~ personal ,leave days will be compensated at the current~daily rate of the administrator. 3.3 Professional Leave 3.3.1 Professional leave days may be granted forthe.purpose of attendance at workshops and conferences with the approval of the Superintendent. 3.4 . :Family artd Medical Leave Act,.-- Board,Policy 335 - Note; .Detailed below is a summary of Policy 335. Changes ~to Policy 335 are, subJect to change as the Law is updated. The Family and Medical Leave Act of 1993 (FMLA) requires the School District to provide,to eligible employees;leaves of absence, upon, reques#, for the birth of a child, the placement~of a ahiid through, adoption or foster care, or due to the serious health condition of an employee or an immediate family member. FMLA requires the School District "to provide, up to twelve (12}weeks of leave, paid or unpaid, at: the option of the School District, in any twelve {12) month period, if requested by the eligible employee. To be eligible for leave, an employee must have worked for the School District at least twelve (12} mon#hs :and .rraust have worked at ;least eight hundred (800) . hours during.ahe previous twelve (72) months: . •~ ;' FMI,.A allows eligible employees to taice~up to twelve.(12) weeks of leave, either paid or unpaid, for the following, reasons; birth _and/or care of a child of the employee; placement "of a child into the employee's family by adoption or by foster care; care of an immediate family member who i~as a serious health condition; or inability of an employee to perform the function of the employee's -position due_to a serious health condition:... .,• " Leave for the birth or placement of a child must be concluded within twelve {12) months of the birth or placement of the child and must be taken at one time and may not be intermittent leave or reduced hours leave. If both spouses are employed by the School Dis#rict; the combined leave forthese purposes shall not exceed twelve (12) weeks. ~ . 5 7174$63654 02:42:03 p.m. 06-19-2012 7/15 heave based upon the serious health condition of an immediate family member ' .,or'the employee may be taken at one time, or maybe taken intemnittently if such leave is medically necessary. If ;both spouses are employed by the School District, the comeined leave for a serious health coriditian of a parent snail not exceed twelve (12) weeks. An employee may be' required to use available paid leave (emergency leave, personal, leave, vacation leave, and compensatory time) drJring any FMLA leave prior to usirig.'unpaid leave: `Ari employee is required to 'use available sick leave 'rivhen ~FMI..A is taken'becauae of the employee's serious health condition. The employee will be notified in writing, generally at the beginning of the FMLA leave that these paid benefits wiA be counted towards the FMLA leave entitlement. ~FMI.A leave is`to be requested at least thirty (30) days in advance of when the leave is to begin, whenever ~practicabie and foreseeable.. In the case of an unforeseen event, verbal notice is required as soon as practicable and a written request-is to be provided as soon as is practicable thereafter. Where FMLA leave is based upon a serious, heaith condition and planned rnedtcal`tr'eatrnent;the employee must make a `reasonable effort to schedule the medical treatment so as not to unduly disrupt School District operations, subject to the approval of tire; heaith care provider. ~ ~ ` ~ - ,. , FMLA leave ~egUested based. on`:a serious health cflriditian of an employee or immediate, family member must be supported by certification from a health care provider.YThe certification`must be~sirpplie'd within fifteen (15) days. The School District reserves the right to require ~ recertification -from a heaith care provider every thirty {30) days or whenever circumstances change! an extension of leave ` is requested, or' doubf exists` concerning the Validity of the most recent recertifica#ion. The leave period for FMLA leave `purposes is a Polling twelve (12) month period measured backward from the first day of FMLA leave. During FMLA ieave, heatfli insurance coverage will~be continued on the same basis as if the employee continued at work. if the. employes does. not return to work after=~FIViLA leave;'the emp(oyee~viiilf°be required to reimburse the School Dtstrictfor payment of heaith insurance premiums during FMLA leave, unless the eii~ployee does not cetum Because of a serious heaith condition that would ent~le ' the, enip~oyee to`SFMf..A '(eaVe-` or circumstances beyond the control of the ertiployee. . - ~;, .. r~= G 'An employee returning from FMlti4'leave~withln'orori'the business dayfol~owing expiration of twelve (12}weeks within the twelve (12) month period is entitled to return to his or her same position (or an equivalent position as required by FMLA). 6 7174863654 02:42:23 p.m. 06-19-2012 8115 , An employee shall certify, to the School. Dist~ict~ at the be~ir~ning of the FMLA leave, ;the .intent to return to work.. The, School .District reserves the right to require recertifcation from the erf~pioyee of an,intent to retum~to work every thirty (31}) days. The School District reserves the right.#o;require certii~catiort.from a health care pro,,eider,-concerning the,retum to,~vark of an employee.on FMLA leave due to the employee's serious healtr,co~dition, tftat the employee is able to perform the functions of his or her job, or what limitations, if 'any exist with respect to the employee performing'the job functions: ~ ~ ~ - , Applications for FMLA leave must be submitted ~in writing. Upon FMLA leave approyai, written notice wilt be provided by the School District to the employee of the mutual rEghfs and obligations of tRie .Sci~ool district and the,employee for the FMi.A leave. . 3.5 Bereavement Leave Bereavement leave fray-be taken for,the .following .reasons: 3.5.1 In the event of a death irl the iinmedjate.,family, ari employee shall be granted up to~5 days of leave without foss of salary. "Immediate Family" is defined,as.includi.ngspnuse, child., ste~child,son-in-law, daughter-in-law, patent, fether;in-law, mother-in law, brother, sister,.brother-in-law, sister- in-iaw,.grandparent, grandchild, niece, nephew, ~rld any other rnemberof the. immediate household... , 3.5.2_ . Dea#h .of an employee,'s,.relative, outside the immediate family as defined above, up to a maximum of 3 days. 3.5.3 ,.Death of a friend.up to 1 day. ,., . ;.. , 3.5.4 Note: Ttie~ District reserves the right to cap the number of days of bereevemen..t Ieaye:,an administrator:mayose. _ . 3.6 .Sabbatical Leave/Compensated Professional Leave . A sabbatical leave:fo f admin_istratiye ~einployees shall .be.grafated for restoration of heal#h.for eligible, employees. :Compensated professional leave shall be granted to eligible employees as defined in Poiicy~Ng..338.1,. The sabbatical leave and compensated professional leave shall be granted in accordance with the Pennsyivania:School Code of 1949,.ais amended,; and, district policies. ,,,, .. ., 7 7174863654 02:42:39 p.m. 06-19-2012 9115 3.7 Uncompensated Leave Uncompensated leave may lie taken for the following purposes; study, travel, special work assignment, ,illness, or disability. An administrator who has exhausted all sick leave available shall be granted a leave of absence for the duration of such illness, or disability up to one (1) calendar year. This leave may be renewed each year by the Board upon -written request by the administrator. Upon return to duties, the administrator shall 'be entitled to return to a like position. 3.8 Vacation ' 3.8.1 Twelve-month Administrators will be granted vacation as follows: Number of Years Employed as~a Public Schooi~Administrator 0-2 Yews 8333 days/month 3.10 Years 1.25 days/rrionth 11+ Years 1.67 days/month Note: Vacation far SMSD administrators employed, priorto July 1, 2008 will continue to be based on years of public school employment. 3.8.2 Earned vacation days will be credited at the end of each month. 3.8.3 Vacation for new_ ly employedadministrators shall be negotiated by the Superintendent ano approved by the Board'of School Directors and may be greater than the years of employment guidelines above. In no case, will an accumulation of greater than' 1:67 day`slmonth be permitted. 3.8.4 Vacation time may be allowed to accumulate up to 30 days as of August 30th of each year. Administrators who have'accumulated 30 days of vacation.as of:Aiigust;3`t)th of each year must'use vacation days so that ~e accumulated vacafion days are less than 30 days before further vacation accrues, unless special written approval is granted by the Superintendent to waive this requirement. -~ ~ . 3.85 Upon separation from employment viith tfie District, unused vacation days will ~be compensated `af the cun'ent~daily rate of the administrator. If an administrator dies wtille eni~loyed'by the South Middleton School District, payment shall be made to the named beneficiary on the group Life 'insurance policy. _,~ 8 7174863654 02:42:55 p.m. 06-19-2012 10/15 , 3.9 Holidays 3.9,1; ,Twelve-Month Adminisi Juiy4 . . ;Labor D,ay . _ Thanksgiving ;, . f Day after Thanksgiving December 25 ;rators will be granted the .following paid holidays: ..December 2fi January .1 ;Presidents',;Day _ . Good .Friday Memor+al Day In the event any of these days fall on a Saturday or Sunday, the District will designate days that wiii be used as holidays in lieu of the days falling .on a Saturday or Sunday, . 3.9.2 Administrators 'who serves on jury.; duty, or Who is subpoenaed as a witness in any judicial oradniinistrative proceeding sha11 be compensated by the district at the. regular rate of pay minus any compensation received as juror or witness fee. 4.0 Insurance Protection 4.1 Life Insurance Each administrator will receive, at the employer's expense, term life insurance in .an amount equal ~to two (2~ times the administrator's salary rounded.to the next higher thousand. . Premiums necessary for this; cove`age .with; be paid entirely by the employer. 4.2 Highmark.Blue Shield Coverage, or coverage from an insurance company satisfactory to appropriate; state regulatory.agenciessnd negotiated and eadifced .under artjcles of agreement with th'e.South Middleton Education Associa#jon: .. 4.2.1 A weekly contribution/co-pay a# the same rata as indicated in the - Articles of Agreement betvreen ti~eLSou~h,Middleton Scltoo! District ,and ,tt~e South-;~lliddletort, Education rAssocia#on. The can-ent . , .withholding .rates are listed below.:.. ; _ ... .. , .. ~ .... r . . ~. .. e 1 .. 4 Year Single _ ~ ,Two-party Family 2008-09 $21 $55 $58 2009-10 $22 $56 $59 2010-11 $23 $57 $60 2001-12 $24 $58 $61 9 7174863654 02:47:42 p.m. 06-19-2012 11115 4.2.2' No employee of the` District i•nay~be covered both as an employee and as a dependent, and no dependent may be covered under more than one contract ,under the District provided health care in'su~rance. 4.2.3 Employees may annually effect #o decline all health and vision insurance benefts. In lieu of multi party health insurance benefits, the employee will receive the amount of One Thousand Seven Hundred Fifty. Dollars, 0,1.,750) .anpualJy. In .lieu of single party health insurance benefits, the employee wi[I receive the amount of - Six Hundred Dollars ($600) annua~Ily. The annual payments will be paid in equal installments throughout the year based upon the number of pay periods in a~ fiscal year. Those employees who decline coverage must ,provide proof of health insurance. by a carrier of their choice.. Employees electing this option otherthan at the beginning of a full fiscal year will be paid a prorated amount based upon the number of months. of insurance coverage foregone. New employees electing this option shall notify the Business,Admin'cstratorEattke time-of employment. 4.2.4 Note: Employees who elect to decline individual, 2+ party, or family medical coverage will be allowed to re-elect District provided coverage only under the condition that a °ehange in status" has occurred as defined 'below:. 4:2.4(a}. Marriage'or'divorce of employee 4.2.4(b) ~ Death of the employee's spouse or dependent 4.2.4(c) Birth or Adoption of the °employee's or spouse's - ,dependent 4.2.4(d) ~ Commencement•o~ terrriiriation of employment of the employee's spouse 4.2.4(e) 'Spousal status change'from full-time to part-time ~: _ ., - ~ -. employment ,. • 4.2:5(f) Commencement of ari unpaid leave of absence taKen by the employee or •the employee's spouse 4:2.5 `Sign~icant 'change -in fhe~'healtfi coverage of the employee or : ~ ~ spouse attrib~ta6ie ta[[ ~~the spouse's employment or 1 4.2.6 Extenuating circumstances that affect the employee's other insurance coverage status that is not covered fin items 1 through 7. 10 7174863654 02:48:10 p.m. 06-19-2012 12 /15 :.4.2.7 Oniy under..these circumstances shall the employee be permitted .~ .tone-enroll. in ~tFte.Dstrict provided medical insurance program on ;the first _of the;month; subsequent to the "change in status" listed above. These employees:must notify the Business Administrator of their intent to enroll by the first of the month that coverage is to . commence. The employee shall receive,.a "prorated" payment for the months they were.not enrolled in the program. ' 4:3: Disability fncome Insurance 4.3. ~ Each administrator shall receive disability insurance in an amount equal to~66 2/3%`of file administrator's gross annual salary. 4.3.2 Premiums necessary for 'this coverage, as selected by the employer, shalt be paid entirely by the Employer. 4.4 Dental Insurance The employer will 'pay far dental coverage as determined in the district's group Dental plan. . ~. . 4.5 Liability Insurance The South Middleton School District 'shall provide full coverage for each administrator in the event of catastrophe, libel, errors, and omissions. Coverage steal! be no:less than the coverage provided by the District's Comprehensive General Liability Insurance. . ~: . 4.6 Vision Insurance The South Middleton School District shah provide the entire premium cost attributable t_o,each.employee and dependentforvision care insurance, as selected by employer. 4.7 Every. administrator .is required .to have a comprehensive medical examination not Less than once every two (2) school fiscal years during the term coveretl~ by`tfiis~ Agreement, and to authorize the consul#ing _, physician ;to fide with ;the: Superintendent a statement (Pennsylvania _. Department.of Health School Personnel Health Record farm, and any other documentation provided by the physician) cert'~fying to his/her ,_physica~f ~competenay, which, statement shall beheld In confidence by the Super~nferident.. Cost of sa(d ;med~cal,examination shah be home by the School District and tie limited to the cost not covered by the medical Jnsurance plan. ,. -; ... 11 7174863654 5A ` Professional Omanization Membe hip 02:48:39 p.m. 06-19-2012 13/15 .~ " i TEie South- Middleton School District shall pay for the professional organization :membership (State and National) dues.of each administrator (PASSP; PAESP; NASSP, NAESP), ASCD professional membership may be substituted #or a state or national membership. 6.0 Retirement Incentives 6.1Unused Sick~Leave Payment , , Each administrator shall be eligible for a severance of unused sick leave payment upon retirement with the following provisions: 6.1.1 The administrator shall have completed a minimum of ten (1,0) years of service to the South Middleton School District. 6.1.2 The severance ~aAowance for unused sick leave shall be determined by multiplying the remaining sick leave days by $100/day, not #o exceed a maximum of $14,000. 6.1.3 Ap payments to eligible employees will be made as anon-elective Employer coptribution to the employee's 403(b) retirement.prograrn up to the applicable 41.5. (c) contribution limit, for the year. Any ,remaining amounts shall,be paid in each.SUbsequent:yearup:to,the annual 415(c) contribution limits until the;entire benef+t is .paid, ~except.that no amounts maybe contributed by the District after the end of the frfth yearfollowing the .year. which the employee separated service, with the ;district. The employee shall receive no cash :option as payment; 7.0 Resignations A 60-day notification is required from the employee:priorto #errni~a#iorr of employment. This 60-day notice period may be shortened upon ,mutual .agreement of the parties. 8.0 Salary Increase Procedure The Superintendent or designee .shall annually .evaluate'the. administration prior to budget review, using the evaluation:instruinent #ound~igAppendix A,~~The evaluation score will determine the salary increase given. to.~an ;a~ministrator.~ 1`he:percentage salary increase over the prior year's salary will be based,~upon. the evaluation scare as follows: - ~ ~ ; "' . 12 71748F3654 r 0 Evaluation Scares 02:49:07 p.m. 06-19-2012 14115 Salarylncrease Year based on Scoresfrorrm_ Previous Year ~ 160-180 (Regularly exceeds. ~ ®x ~ ectations 140-15$ . (Often exceeds expectations} , - - .120-139,. (Meets ;expectations). - Less.than 120 , (Does riot meet expectations and,betaw 200$-09 : , ~ ~ ~<4:50% . ~ 4.25% ~ : _ 3:50% 0% ' - 2009-10 " 4,75% 4.35% 4.Q0% ~0% 2010-11 4.75% 4.50°l0 4.00% 0% 2011-12 5.00°~0 4.50% 4.00% 0% For administrators hired after July 1 of a fiscal year,- salary increases for the fallowing year wiU be prorated as follows: ,. a - Hiring Month Percent of Salary lncrease from above July-September - 100°!0 Oc#ober-December li6% January-March 33% April-June 0% 9.0 Basic Work Requirement 8a'sic tiniork requiremeri"t means.the number~of days an employee is required to work or to "account for by charging sick, pefsohal, or vacation leave days. Holidays are counted 'in the numtie~of dayslyea~for~12 month administra#'ors: The basic work requirement for existing admin'tst~ators is "as follows: " ~ . Adminisfrator ' Number ofi Davs/Year High School Principal(12 month) ~ -251 " Assistant High School Principal (12 month) 251 Middle School Principal (12 month) 251 ~ ; Assistant Middle Schoo[ Principal 210 Efemer%tary~School Priricipal~-'Rice <~251- ". ElemeritaAry`Schocl ~Principal:= IFEG ~ '251 Assistant Elementary School Principal -Rice 210 Director of Food Services 210 - _ Psychologist 210 Dirertorof Buildings~and Gtbunds:(12~month)" 251 ~.~ :' : . Director of, Special •EdUcation~ (12• month) - ~ . :.251" .. . Computer Network Administrator (12".month) ~ 251 Director' of ~Attiletics (12 mantfi) . ~ ~ 251 Director of instructional Technology (12 month} 251 Accounting Specialist (12 month) 251 13 7174$F3654 02:49;34 p.m. 06-19-2012 15115 r 10.0 Definitions The term "Administrator" sha11 include the following positions for the purpose of this pion: Professional Administrative Positions: Principals Assistant Principals Assistan# High School Principal Athletic Director Director of Buildings and Grounds Director of Food Services Director of Athletics Director of Special Education Psychologist Computer Nefinrork Administrator Director of Instructional Technology Accounting Specialist The term "12 Month Administrator" shall include all Administrators whose basic pay schedule is based on working 251 ar more days from July 1 to June 30 each year. I4 ~~~ ~. ~i~{f~C S~Rf#C~SEIY, /Qpr~ ~'r 2tk12 ~~ ~,'1 Tv: Shet{y 1. lappt 6Qi13.. da. 5~-nt from my Motorola ph,arte, "Shealy ~. 1:appz" <ajl.ggmad.us} wra~Le« Hi #1r. aankea:, xharks for gett~.rzg rack to zae. S rea3.ly appxea~.ate i'~. Z`m sti21 interested 3.ra the ~Sagsib.ili:ty ~rz pxabaibi.lit.y~ aiE m~viz~g to 7~FC.. T know yc~u as;id ~..t'a very 3,3..ke~.y f j y but that I won't ia,aw fpx & whi.l,e. ~ilI. you please cammuni,cat.e to the beard that htr 1 T'm S,Atereated in this promgt~.cn to TAG but hwd to explore aptzartss 7us~L 5~.n case. `L' Thanl~s fGx your guidance ! Talk aoan, Sha:~,xy : ) Maur Life is Your Message gent from my iPh.ane Qn Apr 22, 243.2, at 1.:93 PIS, "Pa~trie~.a ~. Sanksr" [pba~smsd.ua> wxate: ry _ > b'll@a.1.~7r V' ,~' ~ Tnan.ks Eox 'the email,, t don"t 1~rav+a fox' Ca.].l~c~rnia until. Tums~#ay an~9 p;t.an to be at wank on Nfonday. ~ z a~preci.ate ynu te;~1,S,nt~ me that. tote Ge~t'~ysburq Times kzas id+an'~ifi.ed t~,a final3.sts for the pas3.tion. i~r~sed on this in€orntati.azz, z wi11 abso],uta3.y I.et th® Baax~t know tksat yrau ar~z a final.~,at asap. 1 `itt r~qt at home a.t' tha rnpme~tt and wi11 not. kre able to tatsl.ly ~.nf4xsa the bard ~xAt~.l Later taz~ic~ht ~+r f~xRt th3.ing tomarraw marnirq. > If yap arra asked by facul.t~+ or ata.fx to~nor~aw, atsnfix~. that you arc a final.#st and that. it`+~ a great oppar.tun~:ty fax yeu. t4eap things poaiti~e wt'ten you talk wi.tri ~.eople. Make stoma they kz~scrw that yatx're esrc~.ted to the opgort~sn~,ty. Xvu 3.ove i3.ice Qut t22is Ls a great next step. ~ T'1,1 tali. with,. yczu ar« Manday. Again, thar-ks far laettir~q ma knew, > Fatty ` ~ 1'at~ty Sa~ak~x~ ~I ~ 3ent: Sunday, Aprx1 22, 2022 1.2.:21 FM ~ To: Fat r,~,G~.bt $, SarlkEtr ~ SuJa j act ~ 4deh~S~ ,`~ H3. Dr, SanlCek', EXHIBIT ~ I'm not Sine s.E yvu Left for CA yet : t but ~uat hard same things on mfr heart/m~.nd f o~Z SIt tf2Qi2 9:2~ A.I~ that ~; wstnted to talk to tau slpQU~. ~ I'~a hard a~xvaza~. ~ta~ag~s &ak ~s (parents anct ta~acher.+s) shout k~einq ~ Fir:slti,vt at G'~surg, t reoe~'~1Y :found aut ~,ha~ my Hama zu'sd Sxx~ox'~ts~~~~rt~ is ~rubl.xshed an ~h~i,x web s.fte and aisc~ w&~ in 'the C+et~.yabuzg ~irnes. k~aybe you kc:aw this aizeadv. In the spirit oJ; trartis~aroncy do you kcnow ~.~ the bo&t~d ~.s aware o~ gay f~.x~t~~.#.~~: statu.a~ ~ want to t~onc~r yauz r~quast a~ ke,~p~n~ this ,~.~.~o~at.zo~ vau~~.deri~~~~, lout rxvk} it ` . pul~~ia kuracal~d.gs, so T wean rt eurc haw to proceed. Thanks you eo much ,far you~^ aupgort e~xrd c~uidan.ce through this. As you k»aw~ T atilX pr+s~ex` '~4 stay at youth Mf.cid~.at.gn. : y a ~ T~a4k~.~~ ~oz.wazd fo h~azi,n~ b~~k ~7~Cm yrzu. ~ ~ > ~h.t±lly :~ ~ Xour Lfife ~:s Xo+~.r bJe~s~ge ~ 9er~t from ray iPhana of 2//3I('IOIZ ~t c2 /1M Cumberlink.com: More positions to be cut in South Middleton School D... hrip://cumberlink.com/news/local/education/more-positions-to-be-cut Home /News /Local News /Education /Education More positions to be cut in South Middleton School District • Story • Discussion More positions to be cut in South Middleton School District By Joseph Cress, Sentinel Reporter The Sentinel - cumberlink.com) Posted: Tuesday, May 1, 2012 11:00 pm) (0) Comments Font Size: Default font size Larger font size • o tweet ~ Recorrxnend Sign Up to see what your friends recommend. Meet the Reporter Joseph Cress Sentinel Reporter Twitter: @Cumberlink Facebook: The Sentinel Newspaper Google+: The Sentinel Newspaper Email: 1 of 4 EXHIBIT Cumberlink.com: More positions to be cut in South Middleton School D... http://ciunberlink.com/news/local/education/more-positions-to-be-cut- jcress@cumberlink. com Covers: Education, Military A middle school guidance counselor and a senior level administrator have been added to the list of positions to be cut next year from the South Middleton School District budget. School board members voted 7-2 Monday to approve a preliminary $29.9 million budget for 2012-2013 that holds the line on the real estate tax at 8.924 mills for the second year in a row. Board members Paul J. Sliflco and Robert Winters voted against the fiscal plan that will come up for final vote on June 4. The board came into the budget process determined to offset any deficits with spending cuts instead of a tax hike or drawing money from the fund balance. In a separate motion from school board member Pam Martin, the board directed staff to come back with a recommendation to eliminate an Act 93 administrative position from the budget for a total savings of $100,000 in salary and benefits. "This is a result of upcoming budget problems," Martin said in a phone interview Tuesday. "We are OK next year but, in subsequent years, we will have a significant deficit. We are budgeting not just for this year, but several years in advance." The board is leaving it up to the administration to decide which position could be cut, Martin said. District Business Manager Rick Vensel explained how Act 93 applies to principals, assistant principals and other senior level administrative positions. Librarian position restored In related news, the board decided Monday to reinstate funding for the full-time librarian position at the W.G. Rice Elementary School. This means the district will add about $b7,000 in salary and benefits back into the 2012-2013 budget, Vensel said. This reversal came just two weeks after board members Michael Berk and Derek Clepper on April 16 questioned the wisdom of an earlier proposal that called for the elimination of this position through attrition. The current librarian at Rice plans to retire at the end of the school year creating the vacancy. Administrators in mid-April suggested the board not fill this position and instead have the current librarian at the Iron Forge Education Center cover both buildings based on an alternating schedule. Berk and Clepper were concerned having one librarian covering two buildings could hurt the overall quality of education. The earlier proposal would have replaced the full-time librarian position at Rice with two part-time librarian aides to staff either library when the full-time librarian is not in. Hiring the part-time aides with no benefits would have cost the district an estimated $15,000 total or $7,500 each. Reinstating the full-time librarian at Rice would eliminate the need to hire the part-time aides, Vensel said. He added, all told, the district plans to cut the equivalent of 4.75 full-time professional staffpositions 2 Of4 ~/~nhn» +n.ne e Cumberlinkcom: More positions to be cut in South Middleton School D... http://cumberlink.cort~news/local/education/more-positions-to-be-cut from its payroll next year. The positions include not only the guidance counselor and senior administrator, but a high school technology teacher, a high school physical education teacher and three-quarters of a music department teaching position. "All the teaching positions are through attrition," Vensel said. Copyright 2012 The Senta~el - cmnberlink.com All rights reserved. This materiel may not be published, broadcast, rewritten or redistn'buted Posted in Education on Tuesday, May 1, 201211:00 pm Updated: 10:54 pm. J Tags: South Middleton School District, Robert Winters, Rick Vensel, School Board, Librarian, Education, Paul J. Slifko, Pam Martin, W.g. Rice Elementary School, Derek Clepper, Iron Forge Education Center, Board Of Education, Share This Story Print Email ShareThis Other Stories • Current SMSD athletic director was on another school board's agenda • Boiling Springs grad turns in perfect attendance record • Big Spring adopts final budget with 2.2 percent tax hike • Eagle Foundation hosts charity polo match this Saturday • Silver Spring Elementary School to get security upgrade • Mechanicsburg school board adopts final budget with 1 percent tax increase • Local teacher receives Presidential Award for math excellence • Carlisle student, teacher to be featured on History Channel documentary Sponsored Links Leadershi~yber School Get a world class online education. Grades K-12. Tuition Free. www.PALCS.org Web-Based Grading Program * Affordable Schoolwide System * No Startup Costs + Free Trial www.gradelink.com Need High School Diploma? Pass our free online test and receive your high school diploma now. J effE rso n H 19 hSc ho o IO nline. co m a.+.. ti.. v..ti... 3 of 4 6/20/2012 10:04 A yment Final Payment 1 of I Richard R. Vensel Sent:Tuesday, June 19, 2012 11:32 AM To: Shelly J. Lappi Cc: Patricia B. Sanker; Kathy F. Alwood https://mail.smsd.local/owa/?ae-Item&t=IPM.Note&id=RgAAA On Monday, June 18, 2012, the Board of School Directors of South Middleton School District accepted your resignation, effective June 21, 2012. Your final payroll check is scheduled for issuance on June 22, 2012, and will be for approximately $2,804.75 (approximate take home amount of $1,809.15). Your July 6, July 20, August 3, August 17 and August 31, 2012 for an approximate total of $14,023.75 (take home of approximately $9,137.20) will be held to offset your reimbursement owed to the district for past course payments. Final amounts will be verified upon completing the final payroll run. According to the South Middleton School District Administrative Compensation Plan, under the section titled "Professional Growth Guidelines," (2.6) "Should an employee voluntarily leave the employment of the District within a three (3) year period following the date of completion of the course(s), the employee shall repay to the South Middleton School District, the reimbursement at a rate of 1/3 the cost per credit reimbursed, multiplied by the number of years remaining of the three (3) year period. Repayment to the District shall apply only to .credits reimbursed after the first Master's degree. Withholding of the amount owed will occur on the final paycheck from the District to the employee. If the final paycheck is insufficient to cover the amount owed, the employee will pay the amount owed within 90 days of terminating employment." Because you owe the District a total of $21,932 for tuition reimbursement (including your request for $1,000 credit reimbursement submitted in June of 2012) under the guidelines outlined above, the District will withhold the amounts due in July and August of approximately $9,137.20. Crediting you for the $1,000 due you for the unpaid June 2012 credit reimbursement you have submitted, you will owe the District a total of $11,794.80 by September 17, 2012. If you have any questions or concerns about calculations, please do not hesitate to contact me. EXHIBIT F/~v~nr~ i~•zz n, ,t~.€~0 i O.~Dfl' '0.00"' fl'.t)a S~t}1~ `. ;;~ ,- F<`_.,"-.,' :~ 1403.7-~: .'. '". fl.X~01: 14-d~~~.7~, ~,': Pay .. _T4,tl~s:72 23~-6.,~ .: 58°.00, 20~'.~'S - .,_ ~ 4 0`:x`5 ,.:. .:,~n~ :0,... YTD 50,485..4,.7 ._8490.12 2109.55 728.25 1540.36 _ _40.3 - Cof~:titact9 7S, X28: ~2 .., . .w , ti ._ .~ ~ 7CTL1 ~ 802..77 37$6,4$ 0.00 ,. 10.00 9949.17 - • .. Y Y .. ,~' f . ~` TQ THE 3F~LLY J LAPPI ORDER 148 TORY CIRCLE OF , ENOLA pA 17025 EXHIBIT +1'046623++' ~:03i302955+: ++'i3~Hi0437++' OF THE IP 0 HONG TAR .Y 2013 JUN 12 AM 11: c7 CUMBERLA140 COUNTY PENNSYLVANIA Benjamin L. Pratt, Esquire PA 68388 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) bpratt@cgalaw.com SHELLY J. LAPPI, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2012-6791 SOUTH MIDDLETON SCHOOL Civil Term DISTRICT, . Defendant. JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Benjamin L. Pratt, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $10,137.17. The counterclaim of the defendant in the action is $11,794.83. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Benjamin L. Pratt, counsel for plaintiff; Philip H. Spare, counsel for defendant. ^`c {00713643/1} eta- st 3c�� 24 Q9 t ?0q WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. CGA La By: Benjamen L. P att, Esquire PA 68388 135 North George Street York, PA 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 bpratt@cgalaw.com (00713643/1) - 2 SHELLY J.LAPPI, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. : No. 2012-6791 SOUTH MIDDLETON SCHOOL : Civil Term DISTRICT Defendant, : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on this // day of June, 2013 a true and correct copy of the Petition for Appointment of Arbitrators has been served via first-class mail, postage prepaid, upon the following: Philip H. Spare, Esquire Stock& Leader 221 W. Philadelphia Street—Suite 600 York, PA 17401 C AW FIRM Shane M. Rohrbaugh,Paralegal for Benjamin L. Pratt, Esquire {00713643/1} 3 . . "l C ' THE 'I CS;IC ' 1 2013 JUN 13 PM 3 25 C-UMBERLAND COUNTY PENNSYLVANIA SHELLY J. LAPPI, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 2012-6791 SOUTH MIDDLETON SCHOOL : Civil Term DISTRICT Defendant, : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, 9,/,/ t.t... /_3 , 20)3, in consideration of the foregoing petition, (1• leiy arli dm/A), Esq., 924ited;76-LAtoon, Esq., and I,,-1 /!1_,. ` , Esq., are appointed arbitrators in the above-captioned action as prayed for. By the Court, P.J. {00713643/1} \/ "P/ ;/ ¢r. 4ia.se, 41,.9-' fit./Car 21/310 /'-Z SHELLY J. LAPPI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: VS. CIVIL ACTION—LAW NO. 12-6791 CIVIL SOUTH MIDDLETON SCHOOL DISTRICT, Defendant ORDER AND NOW, this 6-" day of August, 2013,the appointment of Dawn Richards, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Ryan Siney, Esquire, is appointed in her place. BY THE COURT, x'4 Kevin Hess, P. J. C. Roy Weidner, Esquire Chairman /Court Administrator ZZ rn E� 3:�-. ^� m r}--� _..' C')4� r-:.R. WI_ -i<-_ CD 71LED O FFICE THE PROTHONOTARY 2i3 DEC I8 PM 12: 3I CUMBERLAND CDU TY PENNSYLVANIA Benjamin L. Pratt, Esquire PA 68388 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) bpratt@cgalaw.com SHELLY J. LAPPI, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 2012-6791 SOUTH MIDDLETON SCHOOL : Civil Term DISTRICT, •• Defendant. : JURY TRIAL DEMANDED JOINT PRAECIPE TO SETTLE, DISCONTINUE, AND END To The Prothonotary: Please mark the above-captioned action settled, discontinued, and ended with prejudice. Date: December 1 ) , 2013 CGA Law Firm - IP By: 1110/111 "- Benjamin L. 'ratt, Esquire PA 68388 135 North George Street York, PA 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 bpratt@cgalaw.com Counsel for Plaintiff (00776268/1) 1 • Date: December r , 2013 Stock and Leader By: Philip H. Spare, Esquire PA 65200 221 W. Philadelphia St., Ste. 600 York, PA 17401-2994 Telephone: (717) 846-9800 Facsimile: (717) 843-6134 phs @stockandleader.com Counsel for Defendant 00776268/i) 2 SHELLY J. LAPPI, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 2012-6791 SOUTH MIDDLETON SCHOOL : Civil Term DISTRICT Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on this 7)-1' day of December, 2013 a true and correct copy of the Joint Praecipe to Settle, Discontinue and End has been served via first-class mail, postage prepaid, upon the following: Philip H. Spare, Esquire Stock& Leader . 221 W. Philadelphia Street—Suite 600 York, PA 17401 C W FIRM Shane M. Rohrbaugh, Paralegal for Benjamin L. Pratt, Esquire 00776266/1) 3 SHELLY J. LAPPI, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION—LAW • NO. 12-6791 CIVIL • SOUTH MIDDLETON SCHOOL • DISTRICT, • Defendant ORDER AND NOW,this '? - day of January, 2014, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. C. Roy Weidner, Jr., Esquire, Chairman, shall be paid the sum of$50.00. BY THE COURT, /11 ,r(L_ Kevin A ' ess, P. J. C. Roy Weidner, Jr., Esquire Court Administrator :rim C13�+ m �-