Case: Pecunas v. Pennsylvania Department of Transportation

Pecunas v. Pennsylvania Department of Transportation and Millcreek Township

Pecunas v. Pennsylvania Department of Transportation and Millcreek Township

Pecunas v. Pennsylvania Department of Transportation and Millcreek Township

Pecunas v. Pennsylvania Department of Transportation and Millcreek Township

Pecunas v. Commonwealth of Pennsylvania Department of Transportation

U.S. District Court for the Eastern District of Pennsylvania

Pecunas v. Commonwealth of Pennsylvania Department of Transportation

U.S. District Court for the Eastern District of Pennsylvania

COMPLAINT against All Defendants (Filing fee $350, receipt number 315-1844102), filed by PAUL PECUNAS, SHONA EAKIN, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (sdp) (Entered: 01/20/2011)

Summons Issued as to * All Defendants * (sdp)

AFFIDAVIT of Service for complaint and summons served on Millcreek Twp.-receptionist on 1/24/11, filed by PAUL PECUNAS, SHONA EAKIN, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR., SUMMONS/Return of Service Returned Executed by PAUL PECUNAS, SHONA EAKIN, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. MILLCREEK TOWNSHIP, PA served on 1/24/2011, answer due 2/14/2011. (Markham, Craig) (Entered: 01/27/2011)

NOTICE of Appearance by Scott A. Bradley on behalf of ALLEN D. BIEHLER, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. (Bradley, Scott) (Entered: 02/07/2011)

NOTICE of Appearance by J. Mark Finnegan on behalf of VOICES FOR INDEPENDENCE, (VFI). (Finnegan, J.) (Entered: 02/08/2011)

AFFIDAVIT of Service of summons and complaint, filed by PAUL PECUNAS, SHONA EAKIN, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR., SUMMONS/Return of Service Returned Executed by PAUL PECUNAS, SHONA EAKIN, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. ALLEN D. BIEHLER served on 1/28/2011, answer due 2/18/2011. (Markham, Craig) (Entered: 02/14/2011)

NOTICE of Appearance by Marissa Savastana Watts on behalf of MILLCREEK TOWNSHIP, PA. (Watts, Marissa) (Entered: 03/04/2011)

Stipulation for Extension of Time to Answer by PAUL PECUNAS, MILLCREEK TOWNSHIP, PA, SHONA EAKIN, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR Answer due from MILLCREEK TOWNSHIP, PA on 3/31/2011. (Watts, Marissa) (Entered: 03/04/2011)

Stipulation for Extension of Time to Answer by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, ALLEN D. BIEHLER Answer due from COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION on 3/31/2011; ALLEN D. BIEHLER on 3/31/2011. (Bradley, Scott) (Entered: 03/10/2011)

NOTICE of Appearance by Mark J. Shaw on behalf of MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 03/31/2011)

ANSWER to 1 Complaint, CROSSCLAIM against COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION by MILLCREEK TOWNSHIP, PA. (Watts, Marissa) (Entered: 03/31/2011)

ANSWER to 1 Complaint by ALLEN D. BIEHLER, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. (Bradley, Scott) (Entered: 03/31/2011)

ANSWER to 10 Answer to Complaint, Crossclaim by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. (Bradley, Scott) (Entered: 04/29/2011)

ORDER that the parties will conduct their Rule 26(f) meeting on or before July 18, 2011. The parties will then exchange their initial disclosures per Fed. R. Civ. P. 26(a)(1)(A)(B)(C) and (D). A joint or individualized report of the Rule 26(f) discovery plan that includes stipulated exceptions to disclosure per Rule 26(a)(1) not to exceed 3 pages in length shall be filed on or before August 8, 2011. In preparing the Rule 26(f) report, the parties must engage in discussion of the available Alternate Dispute Resolution (ADR) mechanisms and fully comply with paragraph 6 of the report, including the submission of their stipulation selecting the appropriate ADR Process. A Fed. R. Civ. P. 16(b) and Local Rule 16.1.1 Case Management Conference will be held before the undersigned on September 1, 2011 at 10:30 a.m. Room A-250, U.S. Courthouse, 17 South Park Row, Erie, Pennsylvania. Signed by Judge Sean J. McLaughlin on 7/8/11. (nk) (Entered: 07/08/2011)

REPORT of Rule 26(f) Planning Meeting. (Watts, Marissa) (Entered: 08/01/2011)

Errata re 14 Report of Rule 26(f) Planning Meeting by MILLCREEK TOWNSHIP, PA. Reason for Correction: Attorney filer correction. (Watts, Marissa) (Entered: 08/02/2011)

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 14 Report of Rule 26(f) Planning Meeting. 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)

Minute Entry for proceedings held before Judge Sean J. McLaughlin: Case Management Conference held on 9/2/2011. Court Adopts Rule 26 F report; Post Discovery Conference to be Scheduled at the close of discovery. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (Court Reporter: Ron Bench) (nk)

MOTION to Approve Consent Decree and Partial Settlement Among Defendant Millcreek Township and Plaintiffs by SHONA EAKIN, MILLCREEK TOWNSHIP, PA, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Shaw, Mark) (Entered: 10/04/2011)

ORDER granting 16 Motion to approve Consent Decree; IT IS HEREBY ORDERED that this Consent Decree and Partial Settlement Among Defendant Millcreek Township, PA and Plaintiffs is ORDERED AND ENTERED this 12th day of October, 2011. The Court will retain jurisdiction to enforce all terms of this Consent Decree. Signed by Judge Sean J. McLaughlin on 11/12/11. (nk) Modified on 10/13/2011. (Entered: 10/12/2011)

STATUS REPORT Millcreek Township Report of Projects Undertaken After January 1992 and Through December 31, 2010 by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Affidavit of Mark Dietz, # 2 Affidavit of Peter Dion, # 3 Affidavit of John Orr, # 4 Affidavit of Charles Pierce) (Shaw, Mark) (Entered: 10/17/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Shaw, Mark) (Entered: 10/17/2011)

Appendix to 19 Appendix, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L, # 2 Exhibit M, # 3 Exhibit N, # 4 Exhibit O) (Shaw, Mark) (Entered: 10/17/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L-1 (1-3), # 2 Exhibit L-1 (4-53)) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L-2 (1-3), # 2 Exhibit L-2 (4-6), # 3 Exhibit L-2 (7-9), # 4 Exhibit L-2 (10-40), # 5 Exhibit L-2 (41-80), # 6 Exhibit L-2 (81-101)) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L-3 (1-3), # 2 Exhibit L-3 (4-6), # 3 Exhibit L-3 (7), # 4 Exhibit L-3 (8-40), # 5 Exhibit L-3 (41-75)) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L-4 (1-3), # 2 Exhibit L-4 (4-5), # 3 Exhibit L-4 (6-40)) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L-5 (1-3), # 2 Exhibit L-5 (4), # 3 Exhibit L-5 (5-30)) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L-6 (1-3), # 2 Exhibit L-6 (4-33), # 3 Exhibit L-7 (1-3), # 4 Exhibit L-7 (4-33)) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L-8 (1-2), # 2 Exhibit L-8 (3-22), # 3 Exhibit L-9, # 4 Exhibit L-10 (1-2), # 5 Exhibit L-10 (3-18)) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L-11 (1-3), # 2 Exhibit L-11 (4-43), # 3 Exhibit L-12 (1-3), # 4 Exhibit L-12 (4), # 5 Exhibit L-12 (5-40), # 6 Exhibit L-12 (41-64)) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L-13 (1-3), # 2 Exhibit L-13 (4-25), # 3 Exhibit L-14 (1-5), # 4 Exhibit L-14 (6-35), # 5 Exhibit L-14 (36-67)) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L-15 (1-5), # 2 Exhibit L-15 (6-25), # 3 Exhibit L-15 (26-45), # 4 Exhibit M-1 (1-25), # 5 Exhibit M-1 (26-42)) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit N-1) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit N-2 (1-80), # 2 Exhibit N-2 (81-125), # 3 Exhibit N-2 (126-180)) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit O-1 (1-10), # 2 Exhibit O-1 (11-20), # 3 Exhibit O-1 (21-35), # 4 Exhibit O-1 (36-49)) (Shaw, Mark) (Entered: 10/18/2011)

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit O-2) (Shaw, Mark) (Entered: 10/18/2011)

STATUS REPORT Millcreek Township 2011 Report Under Section III of the October 12, 2011 Consent Decree and Partial Settlement by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

AFFIDAVIT re 35 Status Report by MILLCREEK TOWNSHIP, PA Affiant: Mark Dietz. (Shaw, Mark) (Entered: 01/31/2012)

AFFIDAVIT re 35 Status Report by MILLCREEK TOWNSHIP, PA Affiant: Peter Dion. (Shaw, Mark) (Entered: 01/31/2012)

AFFIDAVIT re 35 Status Report by MILLCREEK TOWNSHIP, PA Affiant: John Orr. (Shaw, Mark) (Entered: 01/31/2012)

AFFIDAVIT re 35 Status Report by MILLCREEK TOWNSHIP, PA Affiant: Charles Pierce. (Shaw, Mark) (Entered: 01/31/2012)

Appendix to 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit A in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit B in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit C in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit D in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit E in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit F in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit G in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit H in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit I in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit J in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit J-1 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit K in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit K-1 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit K-2 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit L in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit L-1 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit L-2 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit M in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit M-1 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit N in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit N-1 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

EXHIBITS Exhibit N-2 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Joint MOTION for Extension of Time to Complete Discovery filed by ALLEN D. BIEHLER, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Proposed Order) (Markham, Craig) (Entered: 04/27/2012)

ORDER granting 63 Motion for Extension of Time to Complete Discovery. Discovery due by 7/30/2012. Plaintiffs Expert Reports due by 8/30/2012 Defendants Expert Reports due by 10/1/2012 Plaintiff's Expert Depositions to be completed by 10/30/2012. Defendant's Expert Depositions to be completed by 11/30/2012. Signed by Judge Sean J. McLaughlin on 5/1/12. (nk, ) (Entered: 05/01/2012)

Joint MOTION to Extend Time to File Expert Reports by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Proposed Order) (Markham, Craig) (Entered: 08/14/2012)

ORDER granting 65 Motion to Extend Time for expert reports. Signed by Judge Sean J. McLaughlin on 8/15/12. (nk) (Entered: 08/15/2012)

STATUS REPORT 2012 Report by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Affidavit of Mark Dietz, # 2 Affidavit of Peter Dion, # 3 Affidavit of John Orr, # 4 Affidavit of Charles Pierce) (Shaw, Mark) (Entered: 01/31/2013)

Appendix to 67 Status Report by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit A 2012 Paving List, # 2 Exhibit B Map, # 3 Exhibit C 2012 Reclaim List, # 4 Exhibit D 2012 Slurry Seal List, # 5 Exhibit E 2012 Crack Sealed List, # 6 Exhibit F 2012 Hot Patches, # 7 Exhibit G 2012 Millcreek Streets Accepted, # 8 Exhibit H 2012 Intersection Ramps, # 9 Exhibit H-1 Supporting documents (Ramps), # 10 Exhibit I 2012 Pedestrian Street Crossing Measurements, # 11 Exhibit I-1 Supporting documents (Crossings), # 12 Exhibit J 2012 Sidewalks Installed By Others, # 13 Exhibit J-1 Supporting documents (Sidewalks)) (Shaw, Mark) (Entered: 01/31/2013)

ORDER REASSIGNING CASE. Case transferred to the docket of the Honorable Mark R. Hornak, United States District Judge for all further proceedings. Signed by Chief Judge Joy Flowers Conti on 8/28/2013. (nk) (Entered: 08/28/2013)

ORDER ON MOTION PRACTICE. Signed by Judge Mark R. Hornak on 8/29/13. (bdb) (Entered: 08/29/2013)

SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 9/26/13 at 3:00 PM before Judge Mark R. Hornak. Due to the number of participants, the Court will conduct the conference via an AT&T call-in number, which requires participants to dial in and provide an access code. Signed by Judge Mark R. Hornak on 9/17/13. (bdb) (Entered: 09/17/2013)

Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 9/26/13. (Court Reporter: Sandra Wenger) (jad) (Entered: 09/26/2013)

SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 11/12/13 at 1:30 PM before Judge Mark R. Hornak. Participating counsel shall contact Chambers at 412-208-7433 by 4:00 PM on 11/8/13 with their preferred contact number for the conference. The Court will initiate the call. Counsel for PennDOT shall provide opposing counsel with a response indicating its current position by 10/4/13. Signed by Judge Mark R. Hornak on 9/26/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)

Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 11/12/13. (Court Reporter: Sandra Wenger) (jad) (Entered: 11/12/2013)

NOTICE of Withdrawal of Counsel (Marissa Savastana Watts) by MILLCREEK TOWNSHIP, PA (Shaw, Mark) (Entered: 11/13/2013)

TEXT ORDER. On or before December 10, 2013, the parties shall file papers in furtherance of their proposed settlement agreements. On or before December 23, 2013, the parties shall file a joint status report listing the remaining issues to resolved. For each such remaining issue, the parties shall provide the Court with either an agreed-upon process of resolution for that issue or the respective positions of the parties with regard to that issue. Signed by Judge Mark R. Hornak on 11/13/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)

STATUS REPORT FILED by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Markham, Craig) (Entered: 12/09/2013)

CONSENT DECREE by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Exhibit secod consent decree, # 2 Proposed Order) (Markham, Craig) (Entered: 12/16/2013)

MOTION to Approve Second Consent Decree, MOTION for Partial Settlement Among Defendant Millcreek Township and Plaintiffs by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Second Consent Decree and Partial Settlement, # 2 Proposed Order) (sdp) (Entered: 12/17/2013)

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 76 Consent Decree. ERROR: Wrong event selected. CORRECTION: Re-docketed as Motion to Approve Second Consent Decree and Partial Settlement. This message is for informational purposes only. (sdp)

SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 1/7/14 at 9:30 AM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T dial-in number, which requires participants to call-in and provide an access code. Signed by Judge Mark R. Hornak on 12/20/13. (bdb) (Entered: 12/20/2013)

STATUS REPORT OF THE PARTIES, filed by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Markham, Craig) (Entered: 12/23/2013)

ORDER RESCHEDULING CONFERENCE. The Telephonic Status Conference set for 1/7/14 at 9:30 AM is hereby RESCHEDULED for 1/7/14 at 4:00 PM before Judge Mark R. Hornak. The Court will still conduct the call via the AT&T dial-in number. Signed by Judge Mark R. Hornak on 12/23/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)

ORDER RESCHEDULING CONFERENCE. Due to the Order of Court entered by Chief Judge Conti on 1/6/14 closing the United States District Court for the Western District of Pennsylvania for business on 1/7/14, the Telephonic Status Conference set for 1/7/14 at 4:00 PM is hereby RESCHEDULED for 1/9/14 at 3:00 PM before Judge Mark R. Hornak. The conference will be conducted via the same AT&T dial-in information previously provided. Signed by Judge Mark R. Hornak on 1/6/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)

Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 1/9/14. (Court Reporter: Sandra Wenger) (jad) (Entered: 01/09/2014)

EXHIBITS To Second Consent Decree filed in Support of 77 Motion to Approve Consent Judgment, Motion for Settlement, by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Markham, Craig) (Entered: 01/13/2014)

ORDER OF COURT. It is hereby ORDERED that 77 Motion to Approve Second Consent Decree and Partial Settlement is ORDERED AND ENTERED. The Motion is hereby GRANTED and the Second Consent Decree is hereby APPROVED and ACCEPTED by the Court. The Court will retain jurisdiction to enforce all terms of this Decree. Signed by Judge Mark R. Hornak on 1/15/14. (bdb) (Entered: 01/15/2014)

Consent MOTION for Extension of Time to File 2013 Report Under Section III of the October 12, 2011 Consent Decree and Partial Settlement by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Proposed Order) (Shaw, Mark) (Entered: 01/28/2014)

ORDER GRANTING 83 Consent Motion for Extension of Time to File 2013 Report Under Section III of the October 12, 2011 Consent Decree and Partial Settlement. Consent Decree and Partial Settlement is hereby EXTENDED to 2/7/14. Signed by Judge Mark R. Hornak on 1/29/14. (bdb) (Entered: 01/29/2014)

STATUS REPORT 2013 Report Under Section III of the October 12, 2011 Consent Decree and Partial Settlement by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Affidavit of Mark Dietz, # 2 Affidavit of John Orr, # 3 Affidavit of Charles Pierce, # 4 Affidavit of Matthew Waldinger) (Shaw, Mark) (Entered: 02/07/2014)

Appendix to 85 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit A 2013 Paving List, # 2 Exhibit B Millcreek Township Street Map, # 3 Exhibit C 2013 Reclaim List, # 4 Exhibit D 2013 Slurry Seal List, # 5 Exhibit E 2013 Crack Seal List, # 6 Exhibit F 2013 Tar and Chip List, # 7 Exhibit G 2013 Hot Patch List, # 8 Exhibit H 2013 Ramps Completed List, # 9 Exhibit H-1 (pgs 1-40) Curb Ramp Compliance Forms, # 10 Exhibit H-1 (pgs 41-78) Curb Ramp Compliance Forms, # 11 Exhibit H-1 (pgs 79-117) Curb Ramp Compliance Forms, # 12 Exhibit I Comparison of 2nd Consent Decree Ramp List with 2013 Ramps Completed) (Shaw, Mark) (Entered: 02/07/2014)

SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 2/26/14 at 11:00 AM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 2/21/14. (bdb) (Entered: 02/21/2014)

Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 2/26/14. (Court Reporter: Sandra Wenger) (jad) (Entered: 02/26/2014)

SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 5/12/14 at 11:00 AM before Judge Mark R. Hornak. A Joint Status Report as to the remaining issues in the case shall be filed on or before 5/5/14. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 2/26/14. (bdb) (Entered: 02/26/2014)

NOTICE of Appearance by Mark T. Pavkov on behalf of MILLCREEK TOWNSHIP, PA. (Pavkov, Mark) (Entered: 02/27/2014)

SETTLEMENT AGREEMENT BETWEEN COMMONWEALTH OF PA. and PLAINTIFFS, filed by by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (Markham, Craig) (Entered: 03/04/2014)

Joint MOTION for Settlement Agreement Approval by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Proposed Order) (Markham, Craig) (Entered: 03/06/2014)