CHESTER UPLAND SCHOOL DIST. v. ROSSI

No. 133 M.D. 2021.

275 A.3d 1117 (2022)

CHESTER UPLAND SCHOOL DISTRICT and Chichester School District, on behalf of themselves and all others similarly situated, Petitioners v. Michael ROSSI, in the official capacity as the Prothonotary of the Court of Common Pleas of Beaver County, Pennsylvania, and Cathy J. Fetter, in the official capacity as the Prothonotary of the Court of Common Pleas of Bedford County, Pennsylvania, and Jonathan K. DelCollo in the official capacity as the Prothonotary of the Court of Common Pleas of Berks County, Pennsylvania, and Robin G. Patton in the official capacity as the Prothonotary of the Court of Common Pleas of Blair County, Pennsylvania, and Dawn Close in the official capacity as the Prothonotary of the Court of Common Pleas of Bradford County, Pennsylvania and Judith Reiss in the official capacity as the Prothonotary of the Court of Common Pleas of Bucks County, Pennsylvania, and Kelly Ferrari in the official capacity as the Prothonotary of the Court of Common Pleas of Butler County, Pennsylvania, and Lisa Crynock in the official capacity as the Prothonotary of the Court of Common Pleas of Cambria County, Pennsylvania, and Mary Grace Olay in the official capacity as the Prothonotary of the Court of Common Pleas of Cameron County, Pennsylvania, and Kayla M. Semmel in the official capacity as the Prothonotary of the Court of Common Pleas of Carbon County, Pennsylvania, and Jeremy S. Breon in the official capacity as the Prothonotary of the Court of Common Pleas of Centre County, Pennsylvania, and Debbie Bookman in the official capacity as the Prothonotary of the Court of Common Pleas of Chester County, Pennsylvania, and Jeffrey Hines in the official capacity as the Prothonotary of the Court of Common Pleas of Clarion County, Pennsylvania, and Brian K. Spencer in the official capacity as the Prothonotary of the Court of Common Pleas of Clearfield County, Pennsylvania, and Cynthia A. Love in the official capacity as the Prothonotary of the Court of Common Pleas of Clinton County, Pennsylvania, and Barbara N. Silvetti in the official capacity as the Prothonotary of the Court of Common Pleas of Columbia County, Pennsylvania, and Emmy Arnett in the official capacity as the Prothonotary of the Court of Common Pleas of Crawford County, Pennsylvania, and Dale E. Sabadish in the official capacity as the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, and Mary J. Walk in the official capacity as the Director of Office of Judicial Support of the Court of Common Pleas of Delaware County, Pennsylvania, and Nina Capuzzi Frankhouser in the official capacity as the Prothonotary of the Court of Common Pleas of Fayette County, Pennsylvania, and Dawn M. Millin in the official capacity as the Prothonotary of the Court of Common Pleas of Forest County, Pennsylvania, and Timothy Sponseller in the official capacity as the Prothonotary of the Court of Common Pleas of Franklin County, Pennsylvania, and Patty Fix in the official capacity as the Prothonotary of the Court of Common Pleas of Fulton County, Pennsylvania, and Susan K. White in the official capacity as the Prothonotary of the Court of Common Pleas of Greene County, Pennsylvania, and Kay Coons in the official capacity as the Prothonotary of the Court of Common Pleas of Huntingdon County, Pennsylvania, and Randy Degenkolb in the official capacity as the Prothonotary of the Court of Common Pleas of Indiana County, Pennsylvania, and Tonya S. Geist in the official capacity as the Prothonotary of the Court of Common Pleas of Jefferson County, Pennsylvania, and Lori A. Ferry in the official capacity as the Prothonotary of the Court of Common Pleas of Juniata County, Pennsylvania, and Mauri B. Kelly in the official capacity as the Prothonotary of the Court of Common Pleas of Lackawanna County, Pennsylvania, and Jim Haddock in the official capacity as the Prothonotary of the Court of Common Pleas of Luzerne County, Pennsylvania, and Thomas D. Heap in the official capacity as the Prothonotary of the Court of Common Pleas of Lycoming County, Pennsylvania, and Laura Isadore in the official capacity as the Prothonotary of the Court of Common Pleas of McKean County, Pennsylvania, and Tammy Stuck in the official capacity as the Prothonotary of the Court of Common Pleas of Mifflin County, Pennsylvania, and George Warden in the official capacity as The Prothonotary of the Court of Common Pleas of Monroe County, Pennsylvania, and Susan N. Kauwell in the official capacity as the Prothonotary of the Court of Common Pleas of Montour County, Pennsylvania, and Holly Ruggiero in the official capacity as the Prothonotary of the Court of Common Pleas of Northampton County, Pennsylvania, and Jamie Saleski in the official capacity as the Prothonotary of the Court of Common Pleas of Northumberland County, Pennsylvania, and Zoe Burd in the official capacity as the Prothonotary of the Court of Common Pleas of Perry County, Pennsylvania, and Denise Fitzpatrick in the official capacity as the Prothonotary of the Court of Common Pleas of Pike County, Pennsylvania, and Bridget Miller in the official capacity as the Prothonotary of the Court of Common Pleas of Schuylkill County, Pennsylvania, and Stephanie Wolf in the official capacity as the Prothonotary of the Court of Common Pleas of Snyder County, Pennsylvania, and Angie G. Svonavec in the official capacity as the Prothonotary of the Court of Common Pleas, Somerset County, Pennsylvania, and Kellie Carpenter in the official capacity as the Prothonotary of the Court of Common Pleas of Sullivan County, Pennsylvania, and Marie Seymour in the official capacity as the Prothonotary of the Court of Common Pleas of Tioga County, Pennsylvania, and Diane Miller in the official capacity as the Prothonotary of the Court of Common Pleas of Union County, Pennsylvania, and Paula M. Palmer in the official capacity as the Prothonotary of the Court of Common Pleas of Venango County, Pennsylvania, and Jen Phillips in the official capacity as the Prothonotary of the Court of Common Pleas of Warren County, Pennsylvania, and Laura Hough in the official capacity as the Prothonotary of the Court of Common Pleas of Washington County, Pennsylvania, and Edward Sandercock in the official capacity as the Prothonotary of the Court of Common Pleas of Wayne County, Pennsylvania, and Christina O'Brien in the official capacity as the Prothonotary of the Court of Common Pleas of Westmoreland County, Pennsylvania, and Cindy Adams in the official capacity as the Prothonotary of the Court of Common Pleas of Wyoming County, Pennsylvania, and Allison Blew in the official capacity as the Prothonotary of the Court of Common Pleas of York County, Pennsylvania Respondents.

Commonwealth Court of Pennsylvania.

Decided April 29, 2022.


Attorney(s) appearing for the Case

Marc A. Zaid , King of Prussia, for Petitioners.

Devin J. Chwastyk , Harrisburg, for Respondents.

Eric J. Schreiner , Philadelphia, for Respondent Mary J. Walk in the official capacity as the Director of Office of Judicial Support of the Court of Common Pleas of Delaware County, Pennsylvania.

BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE LORI A. DUMAS, Judge, HONORABLE MARY HANNAH LEAVITT, Senior Judge.


On April 26, 2021, Chester Upland School District and Chichester School District (Petitioners) initiated this putative class action under Rules 1701-1717 of the Pennsylvania Rules of Civil Procedure (Pa. R.Civ.P. 1701-1717) on behalf of themselves and all political subdivisions similarly situated by filing a petition...

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