News
The Penn State Vexatious Conduct Hearing: What Happened
July 7, 2026
On Tuesday, June 30, 2026, the Court held an evidentiary hearing in Centre County on my motion seeking sanctions against Penn State for vexatious conduct
Hearing Tuesday, June 30th 2026 on Plaintiff’s Petition for Sanctions
June 25, 2026
Next Tuesday we are due in court for a hearing in my lawsuit against the Penn State Board of Trustees. The hearing is scheduled to
Penn State Fighting Subpoenas for Current and Former Board of Trustees Chairs
March 31, 2026
I wanted to provide an update on my case against the Penn State Board of Trustees. While most of the items directly at issue in
Legal Updates - United States District Court for the Eastern District of Pennsylvania
- Defendant’s Answer and Affirmative and Other Defenses to Complaint (PDF, 92 pages) filed May 1, 2026 in the Eastern District of Pennsylavania, Docket #2:25-cv-06313-KSM.
- Memorandum of Law, Judge Karen Marston, (PDF, 17 pages) and Order (PDF, 1 page) filed April 17, 2026 in the Eastern District of Pennsylvania, Docket #2:25-cv-06313-KSM.
- Defendant’s Motion to Dismiss (PDF, 4 pages) with Memorandum of Law (PDF, 19 pages), Exhibit A (PDF, 9 pages), Exhibit B (PDF, 32 pages), and Exhibit C (PDF, 4 pages) filed November 21, 2025 in the Eastern District of Pennsylvania, Docket #2:25-cv-06313-KSM.
- Original Complaint: Civil Action 20 – Other Personal Injury (PDF, 63 pages), Barry Fenchak v Penn State University et al, filed October 30, 2025 in the Court of Common Pleas Philadelphia County, Philadelphia, Pennsylvania, Docket #250801859. The case was then transferred United States District Court: Eastern District of Pennsylvania, Docket #2:25-cv-06313-KSM
Legal Updates - Centre County Court
- Ruling: Order and Opinion (PDF, 4 pages) filed June 25, 2026 in Centre County Court. Docket #2024-CV-1843-C1
- Memorandum of Law in Support of Opposition to Defendants’ Motion to Quash Subpoenas (PDF, 32 pages) and Answer in Opposition (PDF, 9 pages) filed June 16, 2026 in Centre County Court. Docket #2024-CV-1843-C1
- Motion to Quash Subpoenas To Patrick Kraft, Anthony Lubrano, and Jay Paterno (PDF, 52 pages) filed June 10, 2026 in Centre County Court. Docket #2024-CV-1843-C1
- Brief in Support of Response in Opposition to Plaintiff’s Petition to Sanction Defendants (PDF, 33 pages) and Response (18 pages) filed May 22, 2026 in Centre County Court. Docket #2024-CV-1843-C1
- Ruling: Opinion and Order (PDF, 4 pages) filed April 9, 2026 in Centre County Court. Docket #2024-CV-1843-C1
- Plaintiff’s Answer in Opposition to the Defendants’ EMPO (PDF, 8 pages) and Memorandum (PDF, 36 pages) filed March 27, 2026 in Centre County Court for hearing scheduled March 31, 2026, Pennsylvania. Docket #2024-CV-1843-C1
- Order for Hearing in Regard to EMPO (PDF, 1 page) filed March 27, 2026 in Centre County Court for hearing scheduled March 31, 2026, Pennsylvania. Docket #2024-CV-1843-C1
- Petition for Emergency Order For A Protective Order And Stay of Discovery – Defendants (PDF, 82 pages), and Brief (PDF, 51 pages) filed March 25, 2026 in Centre County Court, Pennsylvania. Docket #2024-CV-1843-C1
- Request for Subpoenas – Plaintiff (PDF, 2 pages), filed March 16, 2026 in Centre County Court, Pennsylvania. Docket #2024-CV-1843-C1
- Petition To Sanction (PDF, 22 pages) and Memorandum of Law (PDF, 20 pages), filed January 29, 2026 in Centre County Court, Pennsylvania. Docket #2024-CV-1843-C1
- Ruling: Opinion and Order (PDF, 4 pages), filed January 6, 2026 in Centre County Court, Pennsylvania. Docket #2024-CV-1843-C1
- Plaintiff’s response in opposition to defendant’s motion for summary judgement and Plaintiff’s memorandum of law in support of opposition to defendants’ motion for summary judgment (PDF, 168 pages), filed November 21, 2025 in Centre County Court, Pennsylvania. Docket #2024-CV-1843-C1
- Affidavit of Barry J Fenchak in Support of Response In Opposition to Defendants’ Motion for Summary Judgement (PDF), filed November 20, 2025 in Centre County Court, Pennsylvania. Docket #2024-CV-1843-C1
- Barry Fenchak v Penn State University and Matthew Schuyler and David Kleppinger (PDF), filed October 30, 2025 in Philadelphia County Court, Pennsylvania. Docket #250801859
- Case moved to United State District Court – Eastern District of Pennsylvania November 9, 2025. Filing is under Docket: 2:2025cv06313, Fenchak v. Pennsylvania State University et al. PACER link
- Ruling: Opinion and Order (PDF), filed August 25, 2025. Note: this filing is under Docket #2025-CV-882-CI.
- Plaintiff’s Brief in Opposition to Preliminary Objections (PDF), filed August 11, 2025. Note: this filing is under Docket #2025-CV-882-CI.
- Ruling: Opinion and Order (PDF), filed May 16, 2025. Note: this filing is under Docket #2024-CV-1843-CI.
- Plaintiff’s Reply Brief in Opposition to Defendant’s Motion to Dissolve (PDF), May 9, 2025. Note: this filing is under Docket #2024-CV-1843-CI
- Ruling: Opinion and Order – Emergency Motion for Preliminary Injunction (PDF), filed April 14, 2025. Note: this filing is under Docket # 2025-CV-882-CI.
- Emergency Motion for Preliminary Injunction (PDF), filed April 2, 2025 in Centre County PA court. Note: this filing is under Docket # 2025-CV-882-CI.
- Plaintiff’s Complaint for Declaratory Relief (PDF), filed April 1, 2025 in Centre County PA court. Note: this filing is under Docket # 2025-CV-882-CI.
- Ruling: Opinion and Order – Defendant’s Motion for Protective Order (PDF), filed January 29, 2025, Docket #2024-CV-1843-CI
- Plaintiff’s Reply Brief in Opposition to Defendant’s Preliminary Objections (PDF), filed November 1, 2024, Docket #2024-CV-1843-CI
- Ruling: Opinion and Order – Plaintiff’s Emergency Motion (PDF), filed October 9, 2024
- Defendant’s Brief in Opposition to Plaintiff’s Emergency Motion (PDF), filed October 7, 2024, Docket #2024-CV-1843-CI
- Plaintiff’s Brief in Support of Emergency Motion for Preliminary Injunction (PDF), filed October 1, 2024, Docket #2024-CV-1843-CI
- Plaintiff’s Emergency Motion for Preliminary Injunction (PDF), filed September 23, 2024, Docket #2024-CV-1843-CI
- Penn State praecipe to Attach Exhibit A to Preliminary Objections, (PDF) September 17, 2024, Docket #2024-CV-1843-CI
- Penn State Board of Trustees restated preliminary objections, (PDF) filed September 16, 2024, Docket #2024-CV-1843-CI
- Amended Complaint: Barry Fenchak v Penn State Board of Trustees and Matthew Schuyler pro se lawsuit (PDF, 8.41 mb), filed August 27, 2024 in Centre County PA court, Docket #2024-CV-1843-CI
- Penn State Board of Trustees preliminary objections, (PDF) filed August 8, 2024, Docket #2024-CV-1843-CI
- Barry Fenchak v Penn State Board of Trustees and Matthew Schuyler pro se lawsuit (PDF, 51 mb), filed July 16, 2024 in Centre County PA court, Docket #2024-CV-1843-CI
Support Barry
Barry's Legal Fund - Goal $20,000
Update: thanks to the generous support of donors who love Penn State, we have reached our goal! I can’t express how humbled and honored I am to be working with such a great group of supporters. Our fight is moving forward quickly, and I am very proud of the case we have put forward. Let’s keep going!
I was contacted by a Penn State alum, Dave Lapioli, who has started a GoFundMe campaign to help get a lawyer to represent me in my lawsuit against the Penn State Board of Trustees. Dave is a stand up guy and I very much appreciate his effort.
Before I filed the suit I spoke with several lawyers who were quoting retainers in the ballpark of $10,000 so that is the goal. If I am able to retain counsel my complaint will be amended to request recovery of legal fees, but that is at the judge’s discretion.
Checks are also very much appreciated. You can mail them to me at:
Barry Fenchak
596 Devonshire Drive
State College PA 16803
596 Devonshire Drive
State College PA 16803
I am happy to talk with anyone interested in donating. Contact me at barry@barryfenchak.com or call me at (814) 470-0524.
I am very grateful for your support.
