Case 1:04-cv-00328-SJM Document 42 Filed 03/11/09 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

VOICES FOR INDEPENDENCE AND, PAUL PECUNAS; ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,
Plaintiffs

Civil Action No.: 04-328 Erie HON: SEAN J. MCLAUGHLIN

vs.

CITY

OF

MEADVILLE,

PENNSYLVANIA,

Defendant

CONSENT DECREE Electronically filed

VOICES FOR INDEPENDENCE (VFI), MICHAEL L. EAKIN; JAY SHUFFSTALL; CAROLYN A CREHAN; KATHY A. HERTZOG; PAUL PECUNAS; SANDRA FULLER; MARY ANNPARSNIK; PAT WEAVER; FELICIA BONGIORNO; MELVIN BORREO; STEPHEN CLARK; JILL HRINDA-PATTEN; MARY D. KRUG; and B. LYNNE VESTAL; on behalf of themselves and all others similarly situated,
Plaintiffs

vs.

COMMONWEALTH

OF

PENNSYLVANIA DEPARTMENT OF

TRANSPORTATION; ALLEN D.

BIEHLER, P.E., in his official capacity as

Secretary of Transportation of the

Commonwealth of Pennsylvania, CITY OF

ERIE, PENNSYLVANIA and CITY OF

MEADVILLE, PENNSYLVANIA,

Defendants

Civil Action No.: 06-78 Erie HON: SEAN J. MCLAUGHLIN

Case 1:04-cv-00328-SJM Document 42 Filed 03/11/09 Page 2 of 10
CONSENT DECREE Plaintiffs and the Defendant City of Meadville, by and through their respective counsel of record, do hereby consent and agree to be bound by the following terms:
Background
Plaintiffs filed the second above captioned matter at CA 06- 78 Erie against the Commonwealth of Pennsylvania (pennDOT, the "PennDOT Case"), seeking to impose responsibility upon PennDOT for creating and maintaining curb cuts along state highways that pass through the cities of Erie and Meadville. Plaintiffs joined the Cities of Erie and Meadville as defendants in the PennDOT suit by a pleading filed on September 7, 2006. A related action, the first captioned above, had been filed at CA 04- 328 by Voices for Independence and others against the City of Meadville only on November 10, 2004.
The subject matter of these lawsuits, with respect to the City of Meadville, is the design of certain curb ramps within the city Meadville that are adjacent to city streets, intersections, or sidewalks that have been altered, installed, repaired, or replaced (the phrase "altered, installed, repaired, or replaced" shall hereinafter be referred to as "Altered").
On September 2, 2005 the City of Meadville, by and through a court approved settlement order entered in the action at CD 04- 328 (the "2005 Settlement Order"), committed to comply with controlling regulations concerning construction and retrofitting of curb ramps adjacent to its streets which were and are resurfaced beginning for 2006.
On December 22, 2006 the City of Meadville and PennDOT, by and through a court approved settlement order entered in the action at CD 06-78 (the "2006 Settlement Order"), agreed to share responsibility for the future design of curb ramps which are adjacent to city streets, intersections, or sidewalks that have been Altered, together with the retrofitting of those curb ramps found to have been designed improperly for the immediate two year period prior to the filing of this lawsuit. The 2006 Settlement Order sets forth guidelines from which to determine, at the intersection of a State Highway with a City Street, which ramps shall be the responsibility of the City of Meadville and which shall be the responsibility ofPennDOT.

Case 1:04-cv-00328-SJM Document 42 Filed 03/11/09 Page 3 of 10

The parties to the Settlement Order disputed whether the City and Commonwealth owed a duty to construct or retrofit certain curb ramps adjacent to those city streets, intersections, or sidewalks that were altered between January 26, 1992 and December 31, 2005, as and to the extent required to achieve compliance with ADAAG regulations. This Honorable Court denied, in an Opinion and Memorandum of Court, a pretrial motion for Summary Judgment on behalf of the City and Commonwealth, seeking an order that their duties with respect to these curb ramps were subject to a two year statute of limitations.

All the intersections in the City of Meadville are reflected in the Ramp Retrofit Map which is incorporated into this order, labeled Exhibit 1. Each comer of each intersection has been colorcoded, as follows:

Green--

Curb ramp construction or retrofitting completed by the City of Meadville;

Purple--

Curb ramp to be constructed or retrofitted by the City of Meadville;

Blue--

Curb ramp compliance at this intersection is the responsibility ofPennDOT.

Or~ge-- Intersection is the shared responsibility of the City of Meadville and PennDOT.

Red--

Curb ramps for which no action is proposed

The comers marked in purple, and those comers of intersections marked in orange which are designated to be the responsibility of the City of Meadville under the 2006 Settlement Order are hereby designated to be the "Subject Meadville Curb Ramps." The City proposes complete retrofitting of all Subject Meadville Curb Ramps for which retrofitting is required to attain compliance as hereinafter set forth in paragraph 3 of this Order by December 31, 2013.

Subsequent to preparation of Exhibit 1, Plaintiffs have presented a schedule enumerating their objections to remediation which has been performed by the City of Meadville, principally as to curb ramps for which construction or retrofitting has been completed (code color green), which schedule, referred to herein as Plaintiffs October 30, 2008 schedule. Among the issues highlighted by Plaintiffs' 10/30/08 schedule is "counter slope", being the slope of the surface of the street immediately adjacent to a curb ramp. On the basis of Plaintiffs' October 30, 2008 schedule and the response of The City of Meadville, the parties have identified certain

Case 1:04-cv-00328-SJM Document 42 Filed 03/11/09 Page 4 of 10

remediation work previously performed requiring correction or further remediation, and which has been identified and addressed in this Consent Decree.

The Plaintiffs in the above captioned matters, after conferring with the City of Meadville, by and through its elected officials, have agreed that resolution of this Action is in the best interests of both Plaintiffs and the City alike. To that end the Plaintiffs and the City hereby enter into this Consent Decree and submit themselves to the following:

Specific Terms of Decree

1. Identification of the Subiect Meadville Curb Ramps. The Plaintiffs hereby acknowledge that the comers labeled in purple on the document designated Exhibit 1 to this consent decree, and those comers shown in orange which are designated to be the responsibility of the City of Meadville under the 2006 Settlement Order constitute all of the Subject Meadville Curb Ramps.

Schedule 5 attached hereto designates a change to Exhibit 1 as previously filed with the

Court. The City shall, within 45 days, have Exhibit 1 revised by the notation thereon of

the matters enumerated in Exhibit 5, and shall file the same with the Court; the exhibit to

be labeled "Revised, Substituted .Exhibit 1, Dated

"

2. Resurfacing and Alteration. Commencing on January 1, 2009 , the City shall ensure that all the Subject Meadville Curb Ramps (expressly excluding, however, any curb ramps which are designated to be the responsibility of PennDOT under the 2006 Settlement Order) are retrofitted as and to the extent necessary to comply with the applicable requirements of the Americans with Disability Act, including, but not limited to, 28 C.F.R. § 35.151(b),(c), (e)(l) and (e)(2), as amended from time to time, except as otherwise proved herein.

Plaintiffs, their agents and representatives, shall first calibrate any smart level or similar device at a calibration site, to be created and maintained by Meadville, before performing slope measurements.

Case 1:04-cv-00328-SJM Document 42 Filed 03/11/09 Page 5 of 10
3. Specific Resurfacing Obligations. The City shall retrofit the Subject Meadville Curb ramps by December 31, 2013. The City is concerned that it has agreed to additional remediation to the certain curb ramps identified upon the Plaintiffs October 30, 2008 schedule and to incorporate certain previously unanticipated remediation steps into its ongoing remediation program (e.g. adjusting street crowns at certain intersections) the costs of which are substantially in addition to the previously anticipated remediation costs undertaken by the City. Until specific design of individual curb ramp renovations is accomplished, it is impossible to evaluate the true economic impact of the items giving concern to the City. If and to the extent that the City fmds its concerns to be sustained by actual experience in remediating the curb ramps identified upon the Plaintiffs' October 20, 2008 schedule and in retrofitting the remaining Subject Meadville Curb ramps the parties agree that the City may seek reasonable extensions of the time in which to complete the renovations of the Subject Meadville Curb Ramps either by agreement of the Plaintiffs or by application to the Court in the absence of any such agreement.
The City reserves the right in certain areas (e.g. Benson Avenue neighborhoods) to review the need for sidewalks and to remove sidewalks when determined to be appropriate and any and· all of the Subject Meadville Curb Ramps marked upon Exhibit 1 shall no longer be remediated from and after the removal of the sidewalks formerly serviced thereby. Plaintiffs reserve the right to assert and to litigate any legal objections they may have to any sidewalk removals conducted by the City pursuant to this paragraph.
In addition, the City further reserves the right to not remediate any Subject Meadville Curb Ramps that are technically infeasible to remediate in accord with applicable law. In this regard, the City shall comply with the provisions of paragraphs 8 and 9 of this Consent Decree.
4. Limitation of Liability for Curb Ramps triggered by repaving before January 1, 2006. The Parties acknowledge that the commitment set forth in paragraphs 1-3 hereof incorporates all obligations of the City of Meadville as to curb ramps, the responsibility for constructing or remediating which was triggered by activities of the City of Meadville

Case 1:04-cv-00328-SJM Document 42 Filed 03/11/09 Page 6 of 10
performed between January 26, 1991 and January 1,2006, and also obligations triggered by actions during 2006 and 2007, as to which curb ramps have not yet been constructed or remediated.
5. Bidding Requirements. The City shall ensure that all bids and contracts for the work of retrofitting the Subject Curb Ramps shall reference the applicable requirements of the Americans with Disability Act, including, but not limited to, 28 C.F.R. § 35. 151(b),(c),(e)(1) and (e)(2).
6. Annual Reports of Proposed Work. On or before March 31,2009, and on each March 31 thereafter until all remediation work required hereby is completed, the City shall send a written report to Plaintiffs' Counsel, listing those specific curb ramps from the Subject Meadville Curb Ramps that the City proposes to retrofit in the year following.
7. Annual Reports of Compliance. On or before January 31 of each year during which this settlement is in effect, ending with January 31 of the year following the year in which all remediation work required by this Order is completed, Meadville shall send a written report which shall include detailed measurements to Plaintiffs' Counsel, identifying all those specific curb ramps from Exhibit 1 which were remediated during the prior year. The measurements of slopes shall be taken at the points indicated in the template labeled exhibit 2, which is attached hereto and made a part hereof.
8. Dispute Resolution: Potential ExceptionsPursuant to 28 C.F.R. Part 36, App. A § 4.1.6(0. The parties agree that the ADAAG at 28 C.F.R. Part 36, App. A § 4.1.6, and 4.1.1.5(a); 4.1.6(3); and 28 C.F.R. § 35.151(c), to the extent applicable, and Chapter 4 generally, as amended from time to time, shall be the standard to judge the validity of any City assertions that construction or alterations cannot or are not required to meet in full the construction and design standards set out in the paragraphs above. On all curb ramps, any otherwise applicable detectable warning requirements shall be modified to only require full width warning for two feet of running ramp length. Any time during the term of this Consent Decree that the City believes that site conditions at any particular intersection prohibits or makes unnecessary the full compliance with each of the standards setout above the retrofitting of any particular ramp from among the Subject

Case 1:04-cv-00328-SJM Document 42 Filed 03/11/09 Page 7 of 10
Curb Ramps, the City of Meadville shall inform Plaintiffs' Counsel in writing. This writing shall list which City representatives have reviewed the intersection, the location of the intersection, and a statement of which standard(s) can not be met, why not, and how much of a deviation from the standard(s) is contemplated. The City shall include a detailed drawing(s) of each such proposed deviant ramp, with the proposed fmal measurements for each direct slope, cross- slope, lip and level landing. If Plaintiffs, by their authorized representative, consent to the deviation, or if Plaintiffs do not object in writing to the deviation within 15 days from the postmark of the written notification, the City of Meadville may presume that the deviation is acceptable to the plaintiffs and may begin construction of that particular ramp.
9. Unresolved Disputes. In the event that the plaintiffs object to the proposed deviation, the parties expressly agree that this Court shall have jurisdiction to resolve any disputes under the terms of this paragraph. If the dispute cannot be resolved during the 15 day period from the plaintiffs objection, the parties may submit written letter briefs to this Court with requests for such factual hearing opportunities as the submitting party(ies) may believe to be -required for a proper resolution to the dispute. When one side submits such a brief, the other side may, if it desires, submit an opposing brief within 10 days.
10. Performance of Further Retrofitting as to Ramps Previously Remediated by the City of Meadville. Exhibit 3 incorporated herein is a schedule of ramps previously reconstructed or remediated by the City of Meadville (Exhibit 1, green code) and which have been identified as requiring ad~itional remediation. The City of Meadville shall perform the corrective work designated on Exhibit 3 on or before January 1,2010.
As to retrofitting involving remediation of truncated domes (benefitting the sight impaired) which were cast in the concrete surface of curb ramps, and which domes have been determined to be unsatisfactory, the City of Meadville will be deemed to have performed satisfactory correction if shall have ground down the domes in a 2' x 4' area only of the ramp and shall have affixed a mat, made of plastic or other appropriate material, displaying truncated domes at least .2" in height; and the City of Meadville shall

Case 1:04-cv-00328-SJM Document 42 Filed 03/11/09 Page 8 of 10
not be required to grind down or remove truncated domes occurnng beyond the designated 2' x 4' area or to take other corrective action with respect to such domes.
As to the City's identification of green color coded intersections, the parties currently disagree as to whether the green-coded intersections listed below require remediation by the City of Meadville and whether these intersections, therefore, should be listed on Exhibit 3 or Exhibit 4 attached hereto. It is anticipated that the parties will attempt to resolve their differences as to these intersections. However, notwithstanding anything stated to the contrary herein, it is agreed that the Plaintiffs preserve and do not waive or release any rights to litigate the issue of whether these green-coded intersections are compliant with the ADA andlor its implementing regulations. The green-coded intersections in dispute are as follows:
a. Water & Chestnut b. Market & Chestnut c. Allegheny & Main d. Park & Ravine e. Park & BenAvon f. Market & Arch
11. Expedited Performance of Remediation of Certain Counter-Slope Problems. Exhibit 4 incorporated herein is a schedule of counter-slope and/or slope conditions, which do not or may not appear in Exhibit 3, and which have been identified for expedited further remediation. The City of Meadville shall perform the corrective work indicated on Exhibit 4 on or before January 1, 2010.
12. Prior Decrees. Except as otherwise provided herein, this Decree shall not affect any obligations, duties or rights created by or under any of the previously entered consent decrees in the referenced matters.
13. Use of Third Party. Nothing in this Agreement shall preclude any party from making a timely request for resolution of a dispute by a mutually agreed upon third party.

Case 1:04-cv-00328-SJM Document 42 Filed 03/11/09 Page 9 of 10
a. If such a resolution is sought, the requesting party must notify the other parties within the IS-day period :from the communication of any objection.
b. The parties will then have 15 days to agree upon the third party; if an agreement cannot be reached, then the underlying dispute shall be resolved by the procedures set forth in Paragraphs 8 and 9 without any further delay.
c. If resolution of a dispute is sought under this paragraph, the parties agree to be bound by the decision made by the mutually agreed upon third party.
14. Retention of Jurisdiction. This Court shall retain jurisdiction to enforce all terms of this Consent Decree.
15. Procedure Required for City Action. The parties acknowledge that the City of Meadville can only be bound by a legislative act of the City Council of the City of Meadville taken at a properly called public meeting. The parties further acknowledge that the negotiation of this agreement by any elected or appointed official of the City of Meadville has been done solely for the convenience of all parties in developing a document for review and possible action by the City Council. The City shall not be bound or in any way prejudiced by the action of any elected or appointed official in the negotiation, review, commenting upon or preparation of a draft of this Agreement for review and possible action by the City Council.

Case 1:04-cv-00328-SJM Document 42 Filed 03/11/09 Page 10 of 10

-dt

",_D t.~~a4n;t:::r~ Read and Approved as to Form on this ~ day of Mp.'R.~

,2009, by:

David L. Hotchkiss, Esq. (22490)

J.

Culbertson, Weiss, Schetroma & Schug, P.C.

Denise M. Heberle (42453)

201 Chestnut St., Suite 200

HEBERLE & FINNEGAN, PLLC.

Meadville, PA 16335

2580 Craig Road

(814) 336-6400

Ann Arbor, Ml48103

(734) 302-3233

(734) 302-3234 fax

Craig

ELD

, MARTIN,

KELLY & MESSINA

Jones School Square

150 East Eighth Street

Erie, PA 16501

(814) 456-4000

(814) 454-7411 fax

Case 1:04-cv-00328-SJM Document 42-1 Filed 03/11/09 Page 1 of 1
ExmBITl
Color-coded map of ramps to be repaired within the City of Meadville

Case 1:04-cv-00328-SJM Document 42-2 Filed 03/11/09 Page 1 of 1

Ex '"' I"S IT 2.,
....

......

..... ..,...

.. ........ .

..

P 'n
<
0'

'. .,

,,' .e - ••
'I
:,. j " . IlI
10$ J '!::,. ',I
.' 't.,

"
"
, ,"

•1 • • !::1••__................I..t.. • ,"

!l'.·
,.. ~i"

',': .:

. ~: I "

.\ "

. . •'

'\ ,

'. "

" r

\ '"

..".'.\.~.......'
I(
'.'

":

,I, "

, ' ",

'r

.' 'f.

r

t·,

H'

'.

,"

",

.\,
....
..,.~ \ "

',1.

, '.
. .I·'.
" ,

.. "I
" ,"'
'.

Case 1:04-cv-00328-SJM Document 42-3 Filed 03/11/09 Page 1 of 1
EXHIBIT 3

LOCATION

ORIENTATION

Willow st. & Cottage st. Water St. & South S1. Park Ave. & South st. Chestnut S1. & Cottage St. Center St. & Cottage St. Walnut St. & East St. Walnut St. & Cottage St.

SE SW NE,'SE
NE,SE SE,SW
ti-SE,SW NW, SE, SW ,NW

Randolp_h St., Water St. & Market St. Water St. & Center St. Morgan St. & Whitter Ave. Morgan St. & WInfield ct. Lincoln Ave. & Sport Complex Market St. & South St. Walnut St. & Grove St. Market St. & Arch St. North St. & Grove St. Market St. & Center St. Lincoln Ave. & Spring St.

NE, NW, SE, SW NE, NW, SE, SW NE,SE SE,SW SE,SW NW,SE,SW NE, NW, SE, SW NE,SW NE, NW, SE, SW NE, NW, SE, SW NE,NW

Reynolds Sf. & Terrace St. South Main st. & South St. Willow St. & Market St. Lincoln Ave. & Lyon St. Lincoln AlJe. & Kearney St. Lincoln Ave. & Race St. Randolph st. & Cottage St. Willow St. & Main St. Chula Ct. & Davis St. Water st. & Cherry st. North st. & Grove st. Reynolds st. & Terrace st.

NE,NW NW,SW NE, NW, SE, SW NE, NW, SE, SW NE, NW, SE, SW NE, NW, SE, SW NE, NW, SE, SW SW NE NE NE, SE NE, SE

DOME #
2 2 2 2 2 4 2 8 3 2 2 2 3 4 2 4 8 3 2 2 4 8 8 8 4 1 1 1 4 2

Case 1:04-cv-00328-SJM Document 42-4 Filed 03/11/09 Page 1 of 1
EXHIBIT 4

LOCATION
Arch St. & Grove St.
Chestnut S1. & Morgan St. North St. & Grant st.
North st. & Grove St.
North St. & Penn St. Randolph st. & Cutler St. Randolph St. & Grant St. Randolph st. & Jefferson St. Randolph St. & Madison Ave. Randolph St. & Water St. Reynolds St. & Terrace St. Terrace SI. & Boileau PI. Walnut St. & Grove St. Willow St. & Main St. Willow St. & Water st. Pine St. & Morgan St. Arch St. & Water St. Lincoln Ave. & Lyons St. Lincoln Ave. & Kearney St.
Lincoln Ave. & Sports Complex Lincoln Ave. & Race St. North St. & Grove St Reynolds St. & Terrace St. Willow St. & Main St. Washington st. & Graff Ave.

ORIENTATION
SE street slope on Arch st. & Grove st.
NE street slope on Grove st. NW street slope on Arch SI. SW street slope on Arch St. SE street drop off NE, NW street slope on Grant St. NW street slope on North St. NE, NW street slope on Penn St. . NE, NW street slope on Cutler St. - brick SE, SW street slope on Grant St. NW street slope on Randolph St. NE, NW street slope on Madison Ave. SE street slope on Water st. SE street slope on Reynolds St. SE street slope on Boileau PI. All street & Ramp slopes on Walnut & Grove SE street slope on Main St. & Willow St. SE street slope on Wat~r St. NW, SW street slope on Pine St. SE street slope on Arch St.and Water St. NW street slope on Lyon St. NW street slope on Kearney St. NE cross slope of ramp Cross slope SE street slope on Race St. SW street slope on Grove St. Ramp slope Street slope Ramp slope

Case 1:04-cv-00328-SJM Document 42-5 Filed 03/11/09 Page 1 of 1
SCHEDULES
MARCH 2009 CONSENT D ECREE
CA 04-328 CA 06- 78 The ma rkings appearing on Exhibitl at the intersection of Shennan and Clover Streets (4 comers) shall be changed from Red (Curb ramps for which no action is proposed) to Purple (Curb ramps to be constructed or retrofitted by City o f Meadville) on th e revised, final Exhibit 1 to be fil ed with the Court by the City of Meadvi ll e.

Case 1:04-cv-00328-SJM Document 42-6 Filed 03/11/09 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

VOICES FOR INDEPENDENCE and

)

Civil Action No. 04-328 Erie

PAUL PECUNAS; on behalf of themselves )

and all others similarly situated

)

)

HON: Sean J. McLaughlin

Plaintiffs,

)

v.

)

)

CITY OF MEADVILLE, PENNSYLVANIA,

)

)

Defendant.

)

*************************************************************************************************

CONSENT DECREE

The foregoing Consent Decree between Plaintiffs and Defendant, City of Meadville, Pennsylvania, dated March 11, 2009, is hereby APPROVED and ENTERED.

________________________________ Judge Sean J. McLaughlin United States District Court

 
 Case 1:04-cv-00328-SJM Document 35 Filed 09/02/05 Page 1 of 10

Case 1:04-cv-00328-SJM Document 35 Filed 09/02/05 Page 2 of 10

Case 1:04-cv-00328-SJM Document 35 Filed 09/02/05 Page 3 of 10

Case 1:04-cv-00328-SJM Document 35 Filed 09/02/05 Page 4 of 10

Case 1:04-cv-00328-SJM Document 35 Filed 09/02/05 Page 5 of 10

Case 1:04-cv-00328-SJM Document 35 Filed 09/02/05 Page 6 of 10

Case 1:04-cv-00328-SJM Document 35 Filed 09/02/05 Page 7 of 10

Case 1:04-cv-00328-SJM Document 35 Filed 09/02/05 Page 8 of 10

Case 1:04-cv-00328-SJM Document 35 Filed 09/02/05 Page 9 of 10

Case 1:04-cv-00328-SJM Document 35 Filed 09/02/05 Page 10 of 10

Sean J. McLaughlin

Digitally signed by Sean J. McLaughlin DN: CN = Sean J. McLaughlin, C = US Date: 2005.09.02 15:55:44 -04'00'

 
 Case 1:04-cv-00328-SJM Document 38 Filed 10/28/05 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

VOICES FOR INDEPENDENCE

)

and PAUL PECUNAS

)

Plaintiffs,

)

)

Vs.

)

)

CITY OF MEADVILLE, PA

)

CA 04-328 ERIE

O R D E R AND NOW this 28th day of October, 2005, the parties having entered into a Consent Decree IT IS HEREBY ORDERED that this case is administratively closed. IT IS FURTHER ORDERED that in the event that a dispute arises with respect to the terms of the Consent Decree, either party may file a motion to reopen the case.

cc: all counsel of record.nmk

s/Sean J. McLaughlin Sean J. McLaughlin United States District Judge

 
 Ma~ 10 05 12:44p

Denise Heberle

(734)302-3234

p. 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

VOICES FOR INDEPENDENCE and

)

Civil Action No. 04-328Erie

PAUL PECUNAS; on behalf of themselves )

and all others similarly situated

)

)

HON: Sean J. McLaughlin

)

)

Plaintiffs,

)

v.

)

)

CITY OF MEADVILLE, PENNSYLVANIA,

)

)

Defendant.

)

CLASS ACTION COMPLAINT

******1r****************************************"*******************11,*****************************

ALL PARTIES' JOINT MOTION FOR ENTRY OF CONSENT DECREE

All parties, through undersigned Counsel, hereby move this Court for Entry of the attached CONSENT DECREE
Respectfully submitted,

David L. Hotchki s, Esq. Russell I. Schetroma, Esq. Culbertson, Weiss, Schetroma
& Schug, P.C. 201 Chestnut St., Suite 200 Meadville, PA 16335
Attorneys for Defendants

-1/tt!lvt~
Craig A. M kham (38531)
Elderkin, artin, Kelly & Messina
Jones School Square 150 East Ei9hth Street Erie, PA 165101
814-456-4000

J. Mark Finnegan (40261 )

HEBERLE & FINNEGAN, PLLC

2580 Craig Road

Ann Arbor. 1'.41 48103

734-302-3233

0

Attorneys for Plaintiffs

->W
W

U w
r::r:

I-c~

LtJ
c:::;I c:;l ('oJ

al<.) .
~

N
~

I~- ~

m. ~
2:

c4~
~a

11c::;:r.o;;::l'• .1-_ - - .... - - • " -

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

VOICES FOR INDEPENDENCE and

)

Civil Action No.:04-328Erie

PAUL PECUNAS; on behalf of themselves )

and all others similarly situated

)

)

HaN: Sean J. McLaughlin

)

)

Plaintiffs,

)

v.

)

)

CITY OF MEADVILLE. PENNSYLVANIA,

)

)

Defendant.

)

CLASS ACTION COMPLAINT

***********************************************111'*****..******""....****'11.*........ ****.** .. *.*••.,.,*********...

CONSENT DECREE

1. Future Resurfacing and Alteration. The City of Meadville shall ensure in year

2005 that whenever it alters or resurfaces 'I any City of Meadville streets, intersections or

sidewalks, Meadville will ensure that each portion of such projects, to the maximum extent

feasible,2 be altered in such manner that the altered portion of the facility is readily

accessible to. and usable by individuals with disabilities.3 Each such project shall comply

with all Americans with Disability Ad requirements. including 28 C.F.R. §§

1 As used throughout this Consent Decree, the term "resurface" shall have the definition given by the United States Depaliment of Justice Title II Technical Assistance Manual § 11-6.6000 "Resurfacing beyond normal maintenance is an alteration. Merely filling potholes is considered to be normal maintenance."
2 As used throughout this Consent Decree, the term "to the maximum extent
feasible" shall have the meaning set fo.rth at 28 C.F.R. § 36.402(c).
3 As used throughout this Consent Decree, the term "readily accessible to and usable by persons with disabilities" shall have the meaning set forth at Section 11-6.1000 of the United States Department of Justice ADA Title II Technical Assistance Manual,
and set forth at 28 C.F.R. Appendix B § 36.401.

11 ....... _ .

--

--

---

35.151 (b).(c),(e)( 1) and (e)(2) and 28 C.F.R. Part 36, App. ~'f the ADAAG,4 No portion of any curb ramp shall have a cross slope exceeding 2%. This provision notwithstanding, the City makes no admission concerning the applicability of a 2% limit for cross slopes to curb ramps.
2. The City of Meadville also shall ensure that curb ramps 5 complying with these requ irements shall be installed into all resurfaced intersections of "streets, roads, highways, sidewalks and paths during year 2005.6 Also, these curb ramps shall be installed into intersections of each cross street that intersects with the alteration or resurfacing, so that sidewalks running parallel with the alteration or resurfacing are fully accessible to mobilityimpaired persons with disabilities. The City of Meadville shall ensure that all bids and contracts for such work shall include the specific requirements of the Americans with Disability Act set out above; provided however, that contracts as to projects already advertised shall be consistent with the terms of the bid advertisement. Meadville shall issue an addendum to those bids limiting cross slope to 2% and requiring level landings at the top of each ramp. The City shall ensure that all indicatod ramps are installed during 2005. Annual Reports of Compliance. On or before January 31 2006, the City of Meadville shall file a written report with the Court and with plaintiffs' Counsel. listing each
4 The City of Meadville has chosen to follow the ADAAG standards rather than the UFAS standards. See United States Department of Jus'tice ADA Title II Technical Assistance Manual, Section 11-6.2100.
5 As used throughout this Consent Decree, the term "curb ramp" includes curb cuts, wheelchair ramps, and any other sloped areas at the intersection of pedestrian walkways with streets, alleys, roads, highways and all other pathways.
6 These are the relevant "facilities" as defined by the United States Department of Justice in its ADA Title II Technical Assistance Manual § 11-6.6000.
2

•• -~ - - - - - - - · - 1

1- - •

intersection resurfaced during year 2005, .md listing each sidewalk altered, constructed or resurfaced during year 2005, and stating where new curb ramps have been installed as a part of these projects. Each report will contain a sworn certification that the City of Meadville has inspected each such project and that each sidewalk section and each corner in each project contains curb ramps that meet all standards set out in this paragraph.
3. Retrofitting Year 2003 Resurfalcing. During year 2003, Meadville resurfaced Lincoln Avenue. including the intersections of Lincoln Avenue with Roger's Ferry, Lyons, Kearney, Race, and Spring. At each of these intersections. the City of Meadville shall ensure that they are retrofitted to comply with all Americans with Disability Act requirements, including those set out above. Compliant ramps shall be installed on all corners of each of these intersections. ThEt City of Meadville shall ensure that all bids and contracts for such work shall include these specific requirements. Time Frame. All of this retrofitting shall be completed no later than the end of year 2005. Report. No later than
January 31,2006, the City of Meadville shall file with the Court and with plaintiffs' counsel
a report containing at a minimum, a listing of the locations of each curb ramp retrofitted, and a certification that the ramps meet all ADAJADAAG standards set out above. The report shall contain a sworn certification that ail information included therein is accurate.
4. Potential Exceptions as to Running Slope of Curb Ramps. To the maximum extent feasible, no portion of any curb ramp shall have a running slope in excess of 1:12 (8.33%). At any time, if Meadville believes that any portion of the running slope of a curb ramp must exceed 8.33%. Meadville shail use the dispute resolution process set out below

3

• • -~

-~

---

- - - ·~I

5. Level Landings and Potential Exceptions. To the maximum extent feasible, Meadville shall ensure that each curb ramp constructed during 2005 has at its top a level landing of at least 48 inches by 48 inches, with no portion of any slope in any direction exceeding 2%. In the event that Meadvilll~ believes this is not possible, for example due to a situation as shown in the ADAAG Figure 12(a), then, to the maximum extent feasible, the City shall install a parallel ramp or a combination ramp. If Meadville believes this is not possible, it shall use the dispute resolution process set out below.
6. Dispute Resolution: Potential Exceptions Pursuant to 28 C.F.R. Part 36, App. A § 4.1.6(j). The parties agree that the ADAAG at :28 C.F.R. Part 36, App. A §
4.1.60) and 4.1.1.5(a); 4.1.6(3); and 28 C.F.R. § 35.151 (c). to the extent applicable, shall
be the standard to judge allegations that construction or alterations can not meet in full the construction and design standards set out in the paragraphs above. Any time during the life of this Consent Decree that the City of Meadville believes that any particular intersection prohibits construction or alteration in full compliance with each ofthe standards set out above, the City of Meadville within ten (10) days of discovery of the intersection corner shall inform plaintiffs' counsel in writing. This writing shall list which engineer(s) have reviewed the intersection, the location of the intersection, and a statement of which standard(s) allegedly can not be met. why not, and how much of a deviation from the standard(s) is contemplated. 7 The City shall include a detailed drawing(s) of each such proposed deviant ramp I with the proposed final measurements for each direct slope, cross-
7 Special attention shall be given to the measurements of the direct slope, the cross-slope, the juncture of the ramp and the street, and the level landing at the top of each ramp.
4

slope, lip and level/anding. The parties shall allow at least 15 days from the postmark of the written notification to attempt to resolve the matter. The goal is that any disputed corner or ramp is to be built during year 2005. Thus, it is important that the City notify plaintiffs of a potential problem promptly. The City of Meadville shall not allow the issue to remain unresolved so long that the ramp is not installed during year 2005. Unresolved Disputes. The parties expressly agree that Judge McLaughlin shall have jurisdiction to resolve any disputes under the terms of this paragraph. If the dispute can not be resolved
during the 15 day period, the parties may submit written letter briefs to Judge McLaughlin.
When one side submits such a brief, the other side shall be permitted 10 days to submit
an opposing brief, if it wishes. Judge McLaughlin's decision underthis paragraph shall be
treated as any decision by the Trial Court.
IT IS HEREBY ORDERED that this CONSENT DECRIEE is ENTERED this
day of May, 2005.
JUDGE MCLAUGHLIN UNITED STATES DISTRICT COURT
5

CERTIFICATE OF SERVICE~
I certify that on the 12th day of May, 2005, I served a copy of the All Parties' Joint Motion for Entry of Consent Decree on the following individual and in the manner stated below:
u.s. First Class Nlail. Postage Prepaid:
David L. Hotchkiss, Esquire Culbertson, Weiss, Schetroma & Schug, P.C.
201 Chestnut Street, Suite 200 Meadville, Pennsylvania 16335
Respectfully submitted, ELDERKIN, MARTIN, KELLY & MESSINA
By CMraLig 1A~~artkJha.m', E/sqJuirLe WJ«u!1!~J
Attorney for Plaintiffs 150 East Eighth Street Erie, Pennsylvania 16501 (814) 456-4000

 
 Case: 1:04-cv-328 As of: 10/27/2017 01:59 AM EDT 1 of 5
U.S. District Court Western District of Pennsylvania (Erie) CIVIL DOCKET FOR CASE #: 1:04−cv−00328−BR

CLOSED

VOICES FOR INDEPENDE, et al v. CITY OF MEADVILLE, P Date Filed: 11/10/2004

Assigned to: Judge Barbara Rothstein

Date Terminated: 10/28/2005

Demand: $0

Jury Demand: None

related Case: 1:06−cv−00078−BR

Nature of Suit: 890 Other Statutory

Cause: 42:12101 The Americans with Disabilities Act of 1990 Actions Jurisdiction: Federal Question

Plaintiff

VOICES FOR INDEPENDENCE

represented by Craig A. Markham Elderkin, Martin, Kelly & Messina 150 East Eighth Street Erie, PA 16501−1819 (814) 456−4000 Fax: (814) 454−7411 Email: camarkham@elderkinlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Denise M. Heberle Heberle & Finnegan 2580 Craig Road Ann Arbor, MI 48103 (734) 302−3233 LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Mark Finnegan Heberle & Finnegan 2580 Craig Road Ann Arbor, MI 48103 (734) 302−3233 Email: hffirm@comcast.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
PAUL PECUNAS on behalf of themselves and all others similarly situated

represented by Craig A. Markham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Denise M. Heberle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Mark Finnegan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
CITY OF MEADVILLE, PENNSYLVANIA

represented by David L. Hotchkiss Steptoe & Johnson PLLC

Case: 1:04-cv-328 As of: 10/27/2017 01:59 AM EDT 2 of 5

TERMINATED: 08/08/2017

201 Chestnut Street Suite 200 Meadville, PA 16335 (814) 336−6400 Email: Dave.Hotchkiss@Steptoe−Johnson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gary M. Alizzeo Shafer Law Firm 360 Chestnut St. Meadville, PA 16335 814−724−4540 Fax: 814−724−4545 Email: galizzeo@shaferlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas L Yoset Culbertson, Weiss, Schetroma & Schug 201 Chestnut Street Suite 200 Meadville, PA 16335 (814) 336−6400 Fax: (814) 336−6570 Email: tly@cwss.com ATTORNEY TO BE NOTICED

Date Filed 11/10/2004 11/10/2004 12/15/2004 12/16/2004
01/27/2005 02/15/2005 02/15/2005
02/15/2005 02/23/2005 03/11/2005 03/11/2005 03/16/2005

# Docket Text
1 COMPLAINT with summons issued Filing Fee $ 150.00 Receipt # 05−53 (sdp) (Entered: 11/12/2004)
2 DISCLOSURE statement by VOICES FOR INDEPENDE, PAUL PECUNAS (sdp) (Entered: 11/12/2004)
3 ANSWER to Complaint by CITY OF MEADVILLE, P (Attorney David L. Hotchkiss) (sdp) (Entered: 12/15/2004)
4 ORDER, that the parties are to conduct their Rule 26 meeting by 12−27−04; Report of the Rule 26 hearing shall be filed by 1−25−05; set Case Management Conference for 10:30 2/1/05 signed by Judge Sean J. McLaughlin on 12/16/04 ) CM all parties of record. (sdp) (Entered: 12/16/2004)
8 REPORT OF RULE 26(F) conference of counsel. (sdp) (Entered: 03/07/2005)
5 Case Management Conference held before Judge Sean J. McLaughlin [ Reporter: Ron Bench ]. Order entered. (sdp) (Entered: 02/16/2005)
6 CASE MANAGEMENT ORDER setting Discovery cutoff on 8/15/05 ; Motion Filing deadline due 9/5/05 ; Response to motions due 9/26/05 ; Track II designation. ( signed by Judge Sean J. McLaughlin on 2/15/05 ) CM all parties of record. (sdp) (Entered: 02/16/2005)
CASE DESIGNATED to Track 2. (sdp) (Entered: 02/16/2005)
7 AMENDMENT by CITY OF MEADVILLE, P to [3−1] answer by CITY OF MEADVILLE, P (sdp) (Entered: 02/23/2005)
9 MOTION with Brief in Support by VOICES FOR INDEPENDE, PAUL PECUNAS to Certify Class (sdp) (Entered: 03/11/2005)
10 MOTION with Brief in Support by VOICES FOR INDEPENDE, PAUL PECUNAS for Preliminary Injunction (sdp) (Entered: 03/11/2005)
11 Status Conference held before Judge Sean J. McLaughlin [ Reporter: Ron Bench ]. Def to answer pltf's mtn for class certification and mtn for preliminary injunction within 20

Case: 1:04-cv-328 As of: 10/27/2017 01:59 AM EDT 3 of 5

04/05/2005 04/05/2005 04/18/2005
04/22/2005 04/22/2005 04/22/2005 04/22/2005 04/22/2005 04/29/2005 04/29/2005 04/29/2005 04/29/2005 04/29/2005 04/29/2005 04/29/2005 04/29/2005 04/29/2005

days. Parties to confer with respect to entering a possible consent decree. (sdp) (Entered: 03/17/2005)
12 RESPONSE and Memorandum in Opposition by CITY OF MEADVILLE, P to [9−1] motion to Certify Class by PAUL PECUNAS, VOICES FOR INDEPENDE (sdp) (Entered: 04/06/2005)
13 RESPONSE and Memorandum in Opposition by CITY OF MEADVILLE, P to [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (sdp) (Entered: 04/06/2005)
14 Status Conference held 4/15/05 2:15 p.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Pltf will submit reply brief by 4/22/05. Hearing set for 5/3/05 at 9:00 a.m. relative to pending motion for class certification and Motion for Preliminary Injunction. Prior Friday to 5/3/05 hearing the parties will submit proposed findings of fact and conclusions of law. (mad) (Entered: 04/19/2005)
15 REPly in SUPPORT by VOICES FOR INDEPENDE, PAUL PECUNAS to [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (mad) (Entered: 04/25/2005)
16 REPLY BRIEF by VOICES FOR INDEPENDE, PAUL PECUNAS for [9−1] motion to Certify Class by PAUL PECUNAS, VOICES FOR INDEPENDE (mad) (Entered: 04/25/2005)
17 DECLARATION by PAUL PECUNAS Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (mad) (Entered: 04/25/2005)
18 DECLARATION of Class Member and VFI Employee, SHONA EAKIN in support of Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (mad) (Entered: 04/25/2005)
19 DECLARATION of CLASS MEMBER SANDRA FULLER Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (mad) (Entered: 04/25/2005)
20 Proposed Findings of Fact and Conclusions of Law by CITY OF MEADVILLE, P (mad) (Entered: 04/29/2005)
21 Status Conference held 4/29/05 @ 9:30 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] (mad) (Entered: 04/29/2005)
22 Proposed Findings of Fact and Conclusions of Law by VOICES FOR INDEPENDE, PAUL PECUNAS (nk) (Entered: 04/29/2005)
23 DECLARATION by VOICES FOR INDEPENDE, PAUL PECUNAS of Sandra Fuller Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (nk) (Entered: 04/29/2005)
24 DECLARATION by VOICES FOR INDEPENDE, PAUL PECUNAS of Shona Eakin Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (nk) (Entered: 04/29/2005)
25 DECLARATION by VOICES FOR INDEPENDE, PAUL PECUNAS of Alan Dunfee Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (nk) (Entered: 04/29/2005)
26 DECLARATION by PAUL PECUNAS Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (nk) (Entered: 04/29/2005)
27 DECLARATION by VOICES FOR INDEPENDE, PAUL PECUNAS of Jay Shuffstall Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (nk) (Entered: 04/29/2005)
28 DECLARATION by VOICES FOR INDEPENDE, PAUL PECUNAS of Megan Buffington Re: Inspection of Resurfacing Projects completed in 2003 and 2004 in the City of Meadville (nk) (Entered: 04/29/2005)

Case: 1:04-cv-328 As of: 10/27/2017 01:59 AM EDT 4 of 5

05/03/2005
05/11/2005 05/12/2005 05/17/2005 08/08/2005 08/12/2005
08/31/2005 09/01/2005
09/01/2005 09/02/2005 10/04/2005 10/07/2005 10/25/2005
10/28/2005 10/28/2005 11/22/2005

29 Hearing on Motion held 5/3/05 @ 9:05 a.m. re: [10−1] DENIED−− motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE, [9−1] GRANTED−−− o the extent set forth on the record. motion to Certify Class by PAUL PECUNAS, VOICES FOR INDEPENDE [ Reporter: Ron Bench] (mad) (Entered: 05/04/2005)
Jury Trial continued to 5/12/05 before Judge Sean J. McLaughlin (mad) (Entered: 05/18/2005)
30 JOINT MOTION by VOICES FOR INDEPENDE, PAUL PECUNAS, CITY OF MEADVILLE, P for entry of consent decree with Proposed Order. (mad) (Entered: 05/12/2005)
ORDER upon motion granting [30−1] joint motion for entry of consent decree ( signed by Judge Sean J. McLaughlin on 5/16/05 ) CM all parties of record. (mad) CONSENT DECREE ATTACHED. Modified on 9/1/2005 (sdp). (Entered: 05/18/2005)
31 Joint MOTION for Extension of Time to Complete Discovery by CITY OF MEADVILLE, PENNSYLVANIA. (Attachments: # 1 Proposed Order on Joint Motion to Extend Time)(Yoset, Thomas) (Entered: 08/08/2005)
32 ORDER granting 31 Motion for Extension of Time to Complete Discovery: Discovery to be completed by 9/14/2005; Summary Judgment motions and supporting briefs due by 10/4/2005; Responses and/or briefs in opposition to summary judgment due by 10/25/2005. Signed by Judge Sean J. McLaughlin on 8/12/05. (kas) (Entered: 08/12/2005)
33 CONSENT DECREE by VOICES FOR INDEPENDENCE, PAUL PECUNAS, CITY OF MEADVILLE, PENNSYLVANIA. (Markham, Craig) (Entered: 08/31/2005)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 33 Consent Decree ERROR: did not file motion with proposed consent decree as an attachment CORRECTION: to file a motion for approval of consent decree with the proposed consent decree as an attachment for the judge to sign. This message is for informational purposes only. (sdp) (Entered: 09/01/2005)
34 Second MOTION entry of consent decree filed by VOICES FOR INDEPENDENCE, PAUL PECUNAS, CITY OF MEADVILLE, PENNSYLVANIA. (Attachments: # 1 Proposed Order consent decree)(Markham, Craig) (Entered: 09/01/2005)
35 ORDER granting 34 Motion for entry of second consent decree. Signed by Judge Sean J. McLaughlin on 9/2/2005. (rlh) (Entered: 09/02/2005)
36 MOTION to Extend Time for Case Management Order by CITY OF MEADVILLE, PENNSYLVANIA. (Attachments: # 1 Scheduling Motion Certificate# 2 Proposed Order Extending the Case Management Order# 3 Certificate of Service)(Yoset, Thomas) Modified on 10/5/2005 (sdp). (Entered: 10/04/2005)
37 ORDER granting 36 Motion to Extend Time. Signed by Judge Sean J. McLaughlin on 10/7/05. (nk) (Entered: 10/07/2005)
TEXT ORDER Telephonic Status Conference set for 10/28/2005 at 11:00 AM before Sean J. McLaughlin. Attorney Hotchkiss is to initiate the call by calling the conference line at (814)464−9615. This is a text only entry no PDF document attached; This is an official Court document. Signed by Judge Sean J. McLaughlin on 10/25/05. (nk) (Entered: 10/25/2005)
Text Minute Entry for proceedings held before Judge Sean J. McLaughlin : Status Conference held on 10/28/2005. Clerk is directed to mark this case closed. This is a text only entry; no PDF document attached; this is an official court document. (Court Reporter Ron Bench.) (nk) (Entered: 10/28/2005)
38 ORDER DISMISSING CASE. Signed by Judge Sean J. McLaughlin on 10/28/05. (nk) (Entered: 10/28/2005)
39 STATUS REPORT of Completed Projects by CITY OF MEADVILLE, PENNSYLVANIA. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 Certificate of Service)(Yoset, Thomas) (Entered: 11/22/2005)

Case: 1:04-cv-328 As of: 10/27/2017 01:59 AM EDT 5 of 5

08/17/2006 08/18/2006 08/25/2006
03/11/2009 11/23/2016 11/23/2016 11/25/2016
08/08/2017

40 AMENDED DOCUMENT by CITY OF MEADVILLE, PENNSYLVANIA. Amendment to 39 Status Report. (Attachments: # 1 Exhibt 3# 2 Exhibt 4# 3 Exhibit 5# 4 Exhibit 1# 5 Exhibit 2# 6 Certificate of Service)(Adsit, Diane) (Entered: 08/17/2006)
CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 40 Amended Document. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (sdp) (Entered: 08/18/2006)
41 Errata re 40 Amended Document by CITY OF MEADVILLE, PENNSYLVANIA Reason for Correction: Wrong attorney filed − filer did not match signer. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Certificate of Service)(Hotchkiss, David) Modified on 8/28/2006 (sdp). (Entered: 08/25/2006)
42 PROPOSED CONSENT DECREE by VOICES FOR INDEPENDENCE, PAUL PECUNAS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order) (Markham, Craig) (Entered: 03/11/2009)
43 Joint MOTION to Dismiss All Claims Against City of Meadville by CITY OF MEADVILLE, PENNSYLVANIA. (Alizzeo, Gary) (Main Document 43 replaced on 11/25/2016) (nk) (Additional attachment(s) added on 11/25/2016: # 1 Proposed Order) (nk) (Entered: 11/23/2016)
Case Reassigned to Judge Barbara Rothstein. Chief Judge Sean J. McLaughlin no longer assigned to the case. (nk) (Entered: 11/23/2016)
CLERK'S OFFICE QUALITY CONTROL MESSAGE re 43 Motion to Dismiss. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (nk) (Entered: 11/25/2016)
44 ORDER granting 43 Joint MOTION to Dismiss All Claims Against City of Meadville by CITY OF MEADVILLE, PENNSYLVANIA. Signed by Judge Barbara Rothstein on 8/7/2017. (nk) (Entered: 08/08/2017)