New Castle News, Jan. 9

City school district to appeal New Castle News decision

By Pat Litowitz
Of the New Castle News

It appears the Pennsylvania Supreme Court rushed to judgment.

In reversing its decision, the court said last week it will accept the New Castle Area School District's petition for allowance of appeal involving a case with the New Castle News.

The court's prothonotary originally notified the district it had missed the filing deadline by four days.

"I was shocked and disappointed when I saw the initial article in The News, because I knew we filed the petition ... before it was due," district solicitor Charles Sapienza said Jan. 8.

The court required district notification by Dec. 22. A letter sent to the district stated the paperwork had been received Dec. 26.

"I would never miss a filing deadline, especially with something as important as this."

The district is seeking to overturn a state Commonwealth Court ruling that had affirmed The News' award of $8,820 for legal fees. The costs were incurred when the newspaper sued to find out how much money three students had received in a legal settlement over the school's apparel policy.

Sapienza said the state supreme court uses the date of mailing as the file date. In addition to the records, a certificate of mailing is required.

"The documents go in one envelope, and the evidence indicating the day you mailed it are in another envelope," he said.

Sapienza asked the court's deputy prothonotary, John A. Vasko, to investigate. Vasko's staff was able to locate the certificate of mailing, which showed the filing deadline had been met.

"We were also able to verify (Dec. 21) as the date of mailing through the postal system traffic service," Vasko wrote to Sapienza. "In light of this official evidence, the petition can be accepted as timely."

James Manolis, who represents The News, said he would be filing a brief opposing the district's appeal attempt.

"It was a little bit of bad luck for the board, for myself, especially since we can't control what occurs in the filing office of the supreme court," Sapienza said. "It was more or less someone jumping the gun, so to speak, in returning it."

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