Penn State

Paterno estate responds to Penn State filings

The estate of former Nittany Lion football head coach Joe Paterno filed new documents Thursday in Centre County Court, answering statements from Penn State.

The documents, written by attorney Thomas Weber, of Goldberg Katzman PC, of Harrisburg, include the same wording five separate times. “To the extent they are deemed factual in nature, they are denied.”

That was the family’s response to the five statements Penn State made in their “new matter,” attached to the answers the university submitted in November to the Paternos’ second amended complaint, filed in October. The estate, along with former trustee Al Clemens and former assistant football coaches Bill Kenney and Jay Paterno, is suing the NCAA and the university for breach of contract.

The new matter brought up five points. First, that a September court ruling had “barred” the estate from pursuing a breach of contract claim against the university because of Penn State’s preliminary objections in the first complaint.

The university also claimed the plaintiffs “lack standing and capacity” to assert the claims against the school and that no cause of action against Penn State was laid out in the second complaint.

Penn State attorneys also said there was “no contractual obligations” owed to the plaintiffs, and thus no contract was breached.

Weber denied every point, saying that they were all “conclusions of law” and asked the court to enter judgment in the estate’s favor.