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CONSTANCE C. WEBB,
Plaintiff
Vs.
WEST SHORE SCHOOL DISTRICT,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - /0 5 7S
4-c4.: 4y `rt ,
IN EQUITY
8101100
You have been sued in court. if you wish to defend against the claims sot forth in the following
pages, you must take action within twenty (20) days after this complaint and notice have been served. To
defend against the aforementioned claims, a written appearance stating your defenses and objections must
be entered and filed In writing by you, the defendant, or by an attorney, You are warned that if you fall to
take action against these claims, the court may proceed without you and a judgement for any money
claimed In the complaint or for any other claim required by the plaintiff may be entered against you by the
court without further notice. You may lose money, property or other rights Important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
e Floor Cumberland County Courthouse
Carlisle, PA. 17013 -- (717) 240.6200
NOTICIA
Le hen demandado a usted on Is corto. SI usted qulere defenderse de estas damandas expuastas
on las paginas siguientes, usted Ilene viente (20) dies de plazo at partir de is fecha do Is demands y Is
notification. Usted dabs presenter una apariencia escrita o an persona o por abogado y archivar on la
corte an forma escrita sus defenses o sus objeciones a las demandas an contra de su persona. Sea
avisado qua at ustod no se defiende, Is corte tomara medidas y puede entrar una orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio quo as pedido on Is peticlon de demands. Usted
puede perder dinero o sus propiedades o otros derachos Importantos pars usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE
ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA
LEGAL:
Court Administrator
e Floor Cumberland County Courthouse
Carlisle, PA. 17013 -- (717) 240.6200
CONSTANCE C. WEBB, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO. 9 9- 4 5 9 5
WEST SHORE SCHOOL DISTRICT, 0
Defendant : IN EQUITY
COMPLAINT
1. The Plaintiff is Constance C. Webb, an adult individual with a place of
residence of 1191 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania
17011.
2. The Defendant is the West Shore School District, a school district organized
and existing under the laws of the Commonwealth of Pennsylvania, with a business
address of 607 Fishing Creek Road, Lewisberry, Pennsylvania 17339-9411.
3. The subject matter of this action is a minor child, Stephanie A. Frye, who is
14 years of age, having been born on November 19, 1984, and whose current address
is 1191 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania 17011.
4. The child, Stephanie A. Frye, is the natural grandchild of the Plaintiff
Constance C. Webb.
5. The Plaintiff is also the legal custodian of the child, having legal and
physical custody of the child as those terms are defined under 23 Pa. C.S. 95302.
Custody of the Plaintiffs grandchild was ordered by the Court of Common Pleas,
Cumberland County on October 18, 1999, and a copy of the Order is attached hereto
as Exhibit "A".
6. The child has been a continuous resident of the West Shore School District,
having resided at 90 Springer Lane, New Cumberland, Pennsylvania, from January
1998 through October 7, 1999 when her mother moved out of the school district, and
since October 7, 1999, at the address of the Plaintiff.
7. During that period of time, the child as been consistently enrolled in schools
within the West Shore School District, first at Middle School, and most recently at
Cedar Cliff High School. From the beginning of the 1999.2000 school year, the child
has been enrolled at Cedar Cliff High School, through October 15, 1999, when the
school district told the Plaintiff that the child would not be allowed to return to school
on Monday, October 18, 1999 because she was not a resident of the school district.
B. The Defendant's actions are in violation of law, specifically, 24 P.S. §13-1302,
which provides school privileges to any resident of the district.
9. The Plaintiff has met all the requirements of the aforementioned statute.
10. The child has been without education since October 18, 1999, and will
continue to be without education unless allowed to go back to school. Every day that
goes by detracts from her ability to obtain a quality education and maintain her
grades.
11. The Plaintiff does not have an adequate remedy at law.
WHEREFORE, the Plaintiff requests this Honorable Court to:
A. Enter a temporary injunction against the Defendant ordering the Defendant
to allow the child, Stephanie A. Frye, to immediately re-enter and attend Cedar Cliff
High School; and
B. Schedule a hearing on the request for an injunction; and
C. After hearing, enter an permanent injunction allowing the child to continue
her education as Cedar Cliff High School in the West Shore School District.; and
CONSTANCE C. WEBB,
Plaintiff
Vs.
ELAINE M. WEBB BOYD,
Defendant
: IN THE COURT OF CM INION PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
: NO. qq_ 6a
CIVIL ACTION-LAW
: CUSTODY
ORDER OF COUR
AND NOW, this ? day of 1999, upon consideration of the Complaint
for Custody in the above matter, and the Stipulation for Custody of Minor Child of the parties, it is
hereby ORDERED and DECREED that legal and physical custody of the minor child, Stephanie A.
Frye, shall be granted to the Plaintiff Constance C. Webb, until further Order of Court, or
agreement of the parties.
The Defendant may have such visitation as the parties, from time to time, mutually agree.
By the Court.
/S/
Jude
T-': /r1xG.. daf cf 0*. .., i9..1.
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4;11:, . it0 `cnctay
Q,
Exhibit "A"
VERIFICATION
verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 PA C.S.
§ 4904 relating to unsworn falsification to authorities.
Dated: Q&T d 9. /f9? t.t1X?Jl????s/ l=?
Constance C. Webb
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WI'ST !,NORI: SCli0ol, DID i'IM.T ??i C?xYE?
PARENT QUESTIONNAIRE: OCT ?
!r-,r u,e order Domd Nhv- Zi:I 999
CCU :Rift LJLt? ?? has contacted the west Shore S, hool District seeking :,dmrssion
Ni your child. L- to attend school in the West Shore School District. four
cht!d's proposed nesv address ii, m t L061.w"(41 Rolla
I^cxmH Ih41, i%A 0011
You must complete the following form and return it immediately to the Department of Pupil Services to
order thai the request for your child's adrssion to the Schcol District may be processed for possible
admission.
AslBl0 Q a or Wma
1. Ate you the natural parent of the above-named child? Yes No ?_
2. Do you have legal guardianship nr legal custody for this child? Yes - No x_
3. Please provide the information listed below:
Child's full name 9tethen'e Anaelfna Frve --
1 i, 19/84 Social Security number 130-98-0421
Binh date
Schooldisirict Vest Short School ili6trict
School anrnded_Cecm cli: t nigh schortchool's telephone number
•t. Has the student been formally withdrawn from school'
Provide exact date
Yes - No x _
NOTE: The West Shore School District does not encourage withdrawal from the child's present
school until formal 1Ycst Shore adtttission has been granted.
5. Did your child ever live in your home? Yes x No
if your answer is yes, please provide the dates:
from birt}. tltrcugt. October 7, 1999
ti. When did your child first leave your home'!
Date October 7, 1999
7 Since leaving your home, lease provide the address of his or her temporary residence(s), person or
persons with whom the child has lived, and the dates of each temponuy residence.
a. Male headofhousehold ne tirmporary esidenees
Address
Dares
page i of ?
`Page 2. Parent (Questionnaire :e Board poucy :(:.'.
b Female head of household
Address
Dates
Is your child cuttently residing in Wes Shore because you believe )our child may get a better
education in the West Shore School District than in the schkrol district where you reside'
Yes , No . X
9. Why has your child Icft your home? to ho 1 p grandmother and to conti nuc education in
the same school district that site has been in for the past twe vears
10. Will your child spend esenings or weekends with you? Yes No
ossibly comu weekends
11 will your child spend vacations or summers with you Yes-_ No X
12. Are you prescntly financially supporting y our chi d'i !to S , per month or per week
13. Will you provide financial support for your child when (circle one)
he or she tcstdes in the West Shorc School District'! No S _ per month or per week
(circle one)
14. Are you providing clothing or other items for your child' Yes - No X
15. Who claimed your child as a dependent for state and federal income tax purposes for the current
calendar year'! wi 11
16. Who will claim your child as a drEetrdcnt for state and federal income tax purposes for the next
calendw year? (Ttds information will be repotted to the Internal Revenue Serot,c.) Constance Webb
17. Is there presently in existence any support order entered by a court or any written agreement
concerning the support of your child? Yes X No
If yes. please answer the following questions
Who pays support? Pnul rr-r
Support amount? S120.00 ner mer,rl, fox three children - He pave $240.00 per
not:th voluntarily
To whom is support being paid? un r.-i erriijn d a" his time - nuedo to be changed
Have you petitioned the court or the individual/agcncy paying support to stop support payment for this
child? Yes i No x_
Please attach documentation.
18. Who is currently providing hash insurance for this child? - -
Individual -rnnnt;nee UPH.
Insurance company :tail Handlers
Policy number unknown
Will health care coven?ge change when he or she moves into the West Shore School District?
Yes No x _
page: 2 of 3
Page i Parent Questionnaire t- 13eud Pol:CV 202
19. liow long will your child conurue to li%c in the West Shore School District' 1ndPfrnl re1Y
20. Please provide the following information concerning yourself.
Social Security number
Place of employment
Home telephone number
21 Natural father's name
Address
159-52-7657
none
244-1223
Work tel number none
Paul Frye
1516 Alison Street
Harrisburg, PA
School district of residence Harr.,sturg School District
22. Natural mother's name Elaine N. 5ovd
Address 111 East Haale Street
iallasto.:n. PA
Scltooldistriciof residencc Dallastuwu school nlsrrlcry
23. What is the name of the individual with whom your child is presently living?
Constance Webb
Is the Individual a relative? Yes X No_ Relationship grcndtnr?--
I (We) grant the West Shore School District officials permission to investigate the information I have
prescnted in this questionnaire by discussing the presented information with all appropriate parties.
including my employer. as necessary, to confirm the factual accuracy of my (our) statements.
COM.VIONWEAUM OF PENNSYLVANIA)
?AtJF'NrN ) S.S.
COUNTY OF
Before rite, the undersigned officer, personalty appeared the above named resident of the
ALLASryuJU School District, who being duly sworn according to law deposes and says
that the set forth in the foregoing siaternenLs arc truc and correct.
tom- r12 dmez
Parents Si-gnatu&
Sworn to and subsc iy before me
this ? day of (P Obi?.?,.. . 19
:? ` S ma?cG:aad
- ?-aca.V Forib I rA
Officer
Parent's Signarure
N07APAALSEA e 3 of 3
BARBARA A. SWIDLL, Notary ILW
Parttsburp, De phin 0=11Y
•ty CommWon FWrts March 17, 201X1
WEST SHORE SCHOOL DISTRICT
PARENT QUESTIONNAIRE
f ......' -x,+, J.. PC'' .
ha; contacted the We;t Shore School Drstnct seeking admission
G>r %our child. c ra r.i?- C to attend school in the West Shore School District. Your
chti,l's proposed new address is
1,:?rvtp Fkill, PA 11011
You must complete the following form and return it immediately to the Department of Pupil Services in
order that the request for your child's admission to the School District may be processed for possible
admission.
Admission Information
1. Are you the natural parent of the above-named child? Yes x No _
2. Do you have legal guardianship or legal custody for this child? Yes No x
3. Please provide the information listed below:
Child's full name Stephanie Angelina Frye
School attended Cedar Cliff High Schootchool's telephone number
Birth date
Social Security number 130-98-0421
School district West Shore School District
-l. Has the student been formally withdrawn from school?
11/19/84
Provide exact date
Yes No
NOTE: The West Shore School District does not encourage withdrawal from the child's present
school until formal West Shore admission has been granted.
5. Did your child ever live in your home? Yes X No
If your answer is yes, please provide the dates:
from birth through October 7, 1999
6. When did your child first leave your home?
Date October 7, 1999
Since leaving your home, please provide the address of his or her temporary residences 0, person or
persons with whom the child has lived, and the dates of each temporary residence.
a. Male head of household
no temoorarv residences
Address
Dates
NER'S
page I
BIT
l of 3 E?7
Ll?r
Page 2: Parent Questionnaire re: Board Policv 202
Address
Dates
3. Is your child currently residing in West Shore because you believe your child may get a batter
education in the West Shore School District than in the school district where you reside'
Yes No x
9. Why has your child left your home? to help grandmother and to continue education in
the same school district that she has been in for the past two years
10. Will your child spend evenings or weekends with you'? Yes No
possibly some weekends
1 l . Will your child spend vacations or summers with you? Yes No x
12. Are you presently financially supporting your child? No S per month or per week
(circle one)
13. Will you provide financial support for your child when
he or she resides in the West Shore School District? No S per month or per week
(circle one)
14. Are you providing clothing or other items for your child? Yes No K
15. Who claimed your child as a dependent for state and federal income tax purposes for the current
calendarvear? 1 will
16. Who will claim your child as a dependent for state and federal income tax purposes for the next
calendar year? (This information will be repotted to the Litemal Revenue Service.) Constance Webb
17. Is there presently in existence any support order entered by a court or any written agreement
concerning the support of your child? Yes X No
If yes. please answer the following questions:
Who pays support'? Pnut Frve
Support amount? s120.00 per month for three children - He Pays $240.00 per
month voluntarily
To whom is support being paid? undetermined at this time - needs to be changed
Have you petitioned the court or the individual/agency paying support to stop support payment for this
child? Yes No x
Please attach documentation.
18. Who is currently providing health insurance for this child?
Individual rnngtanno "^h'•
Insurance company Mail Handlers
Policy number
unknown
Will health care coverage change when he or she moves into the West Shore School District?
Yes No
page 2 of 3
Page 3. Parent Questionnaire re: Board Policy 202
C!'?'l '?_ •.1.. }Our chl:.! . rcmue :U hie in the Wcsr Shore School Dlitrict /-'+.•f+Cltn+•:
_ i. Please pN%Ide the follow int Information concerning yourself:
Soalal Security number 159-52-7657
Place Of employment none
Home telephone number 244-1223 Work tel. number, none
21. Natural father's name Paul Frye
Address 1516 Alison Street
Harrisburg, PA
School district of residence Harrisburg School District
'-'-. Natural mother's name Elaine M. Boyd
Address All East0fanle Street
Dallastown. PA
School district of residence Dallastown chool District
23. What is the name of the individual with whom your child is presently living?
Constance Webb
Is the individual a relative? Yes-Y-- Yo Relationship .?
I (We) grant the West Shore School District officials permission to investigate the information I have
presented in this questionnaire by discussing the presented information with all appropriate parties, including my employer, as necessary, to confirm the factual accuracy of my (our) statements.
CO+bLNtONWEALTH OF PF"NNSYLVA+N'LA )
COUNTYOF 24UPq'Al ) S.S.
BrfAore me, the undersigned officer, personally appeared the above named resident of the
cLa ?TZ1tr1AJ School District, who being duly swom according to law deposes and says
that the set forth in the foregoing statements are true and correct.
Parent's Signa e
Sworn to and subscribed before me Parent's Signature
this / 0"I' day of /P #xeG&,A , 19 t79
Stgna,ure and seal of Executing Officer
erg:90 Fumll 1:96 :
NOTARIAL SEAL
BARBARA A. SHADEL, Notary Publbl e 3 of 3
Harrisburg, DaupNn County
ly Commisslon EgNres March 17, 2003
i
T71A,1 n(Oliao-
-i: 8s??
WEST SHORE SCHOOL DISTRICT
WEST SHORE RESIDENT QUESTIONNAIR ii?lr?;lk0l1?®
STUDENT AFFIDAVIT ADMISSION OCT 1 21999
(For use ands Bond Policy 202)
----------------
Instructions: Please complete the following questionnaire. If the potential new student is living, or wr
be living, in a household with two (2) adults that will assume responsibility for the
student, both West Shore residents must complete and sign this questionnaire.
1. Provide the following information for the child you are requesting to be enrolled in the West Shore
School District. n
Childs full name %T?aAWA'C 4 l l;VA R v?
Birth dam l1- / 4 ' 1299 41 Social Security number /d- n 9 4 y o2.
Last school district attended- h-lzit &F
Last grade attended
Date child began residing, or will begin to reside, in your home
If you arc related to the child, state the relationship SCAR L/mL2L"A
What was the child's address immediately prior to moving into your home?
Q F I r Mad G& iC n& Z 70 7e
With whom did the child reside immediately prior to moving into your home?
Was the person with whom the child resided immediately prior to moving into your home related to
the child?
N)w?/Ic/
Yes _? No If yes, state the rcla,:^tiship ,..1.y cu
What is the name of the school district anu 'pool in which the child is presently, or was previously
enrolled?
i
School district
Schoolao^rx ah# NrG,? //ad
Last grade attended, occurrent grade 9
School telephone numnerl?7r,_.
HIBIT
page I of 3 FALU?J.JTATPINTIRNATIONAL
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coon .roanuangiuo.tj ... - asse --- ouz eco crc xva or:or txi oo/et/or
` ' Page 2: West Shore Resident Questionnaire
Student AMdavil Admission re; Board Policy 202
/??..S ?..nF Li??QR I
2. Your name 1?.•-••-•••?---?---- _
Address
How long have you resided in die West Shore School District? /A t i«
If you have a spouse, or significant other living at the same address, the following information must
be furnished for that individual.
Spouses's name (oreRRv .usrtlky --- Social Security M ?a '9Q3y
significant other)
Place of employment Work tel, number
4. Furnish the following information conceming the child's natural mother.
Full name 474igfE MA
1 t
Home address
Home telephone number _ U A/X21r1 --
ABA
_ 1?_!!I K [1 ?p"Work tel. number
jot
Place of employment 4Uo
School district of residence k) ' r F
5. Why is the child residing in your home?
61xodGt'oF (74SreUy
6. Why is the child no longer msidiflbg with one or both parents? I
C??vGE ?f o?
7. Will the child's Cparentsu s7contribPute the child's support while he or she is living in your home?
Yes No Amount
In what manner?
g. Who will be providing health insurance for tht5 Gild?
Individual
,CooKw4 ,v To m7rme . reJ oAvwlE OAI r) aIi
Insurance company ? ?vvwdrt /?JAi ,oav,?cs
OAVAC?e IRMAC &0)
r/ TNxY
Polity number A4>'G
page 2 of 3
tooe AviDu.rng2e93 ... - -- -' QS>r 611Z OCa lrl rid TKnt t>aa nnrcrinr
r Page 3: West Shore Resident Questionnaire
Student Affidavit Admission re: Board Policy 202
9. Is there cunendy a supl{??on order for the ild which has been entered by a court or other arty???Kn
IQaal ftro roe eA,>(/s Fw7Aerj pays laoAf& ^104 EIAitF ?Yo "04C Yes No _ If yes, to whom am the payments made and in what amount? .
10. Is there currently any agree7nt that has been signed by either parent relating to the support of this
child? Yes No IL_
11. Who will claim this child as a dependent for state and federal income tax purposes for 11
present calendar year7 - - iA?? /n /•J
next calendar year? .694 S1. OAVIA- &6A
12. How long will this child be residing in the West Shore School District? /d( '"W4---
p?? e? i?r'? en id is Tp??" p o
Will &Ahdr sb n events r en wt one or th arcnts• Yes - No
l3. p
14. Will this child spend holidays or vacations with one or both parents? u'v?s r??40 T---- T?
/'?u?E7?n?n?_gTThiSr7?3rE
15. Will this child spend summer vacations with one or both parents? Yes tvo -
16. Are you keeping this child in your home for the sole purpose of Yes ANo
his/her amending school in the West Shore School District?
17. Will you assume all personal and legal obligations related to school
requirements for this child, which may include citations for truancy? Yes t No
18. Will you assume the responsibility and obligation for making all
educational decisions? Yes No
I (We) grant the West Shore School District officials permission to investigate the in nnatiott I have
presented to this questionnaire by discussing the the factual presented curacy information my (our) sta lteme^popriate parties.
including my employer, as necessary, to
COMMONWEALTH OF PENNSYLVANIA)
) S.S.
COUNTY OF
Before me, the undersigned officer, personally appeared the above named resident of the jj6v?5//?F
School District, who being duly sworn according to law deposes and says
that the set forth in the foregoing statements are true cormct.
In 1
Swom and szi;ix
day Signature and NOTARIAL Sou
ecgBPFamll ChrisOeLUnderkot0e6NotaryPublk
came Htu, Cumberland Courtly
MY.Commisdan E01ret Jean 24.2002
page 3 of 3
t
soo 6urqurnq]no3 ,., assa - occz nco ctt rvd rr:ol ttii eeistior
A!Arl oS tla'iu:u`i `?' WEST SHORE SCHOOL DISTRICT
WEST SHORE RESIDENT QUESTIONNAIRE
STUDENT AFFIDAVIT ADMISSION
(For use under Board Polley 202)
Instructions: Please complete the following questionnaire. If the potential new student is living, or will
be living, in a household with two (2) adults that will assume responsibility for the
student, both West Shore residents must complete and sign this questionnaire.
1. Provide the following information for the child you are requesting to be enrolled in the West Shore
School District.
Child's full
Birth date /%- 19 - / 9R 41 Social Security number 116 9R Q Ysl /
Last school district attended
Last grade attended cf
Date child began residing, or will begin to reside, in your home
P
If you are related to the child, state the relationship 6,uAlameto L
What was the child's address immediately prior to moving into your home?
r9 hJ JAMB lAelAzIn A / 70 7D
With whom did the child reside im_mekately prior to moving into your home?
Was the person with whom the child resided immediately prior to moving into your home related to
the child?
Yes _,-*' No If yea, state the relationship I'Y)QW-0-C
What is the name of the school district and school in which the child is presently, or was previously
enrolled?
School district -A.&Lt,a AIM
School -7604-.f ? ?l Ff FNj./f J C oV dd -
Last grade attended, or current grade 9
School telephone nurn 14
page I of 3
Pige 2: West Shore Resident Questionnaire
Student Affidavit Admission re: Board Policy 202
2. Your name ran i< /MG ?! ER R
Address 1/9/? Uu/e27? ?D
How long have you resided in the West Shore School District? // tlrolps
3. If you have a spouse, or significant other living at the same address, the following information must
be furnished for that individual.
Spouses's name (or
significant other) aeR414 x/fix Social Security * yam' RZ-20V
Place of employment Work tel. number 4. Furnish the following information concerning the child's natural mother.
Full name E'/all!r /YIA u &V I)
Home address 41)MAres tj e AId,,,1 eZ
Home telephone number r4 AVAIM141
U fiJK&' _V P,OOtif,1PWork tel. number 94 104
Place of employment
School district of residence -i t ,nsaU 41 14i+ 7r nrF
S. Why is the child residing in your home?
CXorcirvF (;4s7ooV
6. Why is the child no longer residi g with one or both parents?
C 4STeu
elf4 e-e ate-,
7. Will the child's parents contribute the child's support while he or she is living in your home?
Yes No Amount
In what manner?
8. Who will be providing health insurance for this child?
Individual 4'a4y? e X //Akad
Insurance company ,[ocktt/6 w Tv 0,,Nc S'reP?l9?'%E at/ .??y Po%cy
OAe4,Ca#MdeC GcLaO?v+i? /oarwlwG Mov Ads
Policy number 40,7e ey ri age )1Wl4
page 2 of 3
?age 3: West Shore Resident Questionnaire
Student Affidavit Admission re: Board Policy 202
9. is these currently a support order for the child which has been entered by a court or ether party"
/?7u/fiQl/F, rot ekOs I-a7hef, payS'leroAtrZ fv«rfh T ?/gretF &?yv ha 7AW,- Ca4/vn
Yes _ No If yes, to whom are the payments made and in what amount'
10. Is there currently any agree nt that has been signed by either parent relating to the support of this
child? Yes No
11. Who wdl claim this child as a dependent for state and federal income= purposes for
present calendaryear? L/a r i ? 177-h) 96V /2
next calendar year? n 940--AWe- G/EBR
12. How long will s this child be residing in the West Shore School District? ik ixe
p?h?dtpend evenrrr?dr'i?S ffs s rioEih parents? Yes No
13. W' thus c n one or
A?IdteLk0711ls
qff
14. Will this child spend holidays or vacations with one or both parents? U4,0
tdvlOEY?f.CIJ ,or9T Tb)f.
15. Will this child spend summer vacations with one or both parents? es o
16. Are you keeping this child in your home for the sole purpose of
hislher attending school in the West Shore School District? Yes No
17. Will you assume all personal and legal obligations related to school
requirements for this child, which may include citations for truancy? Yes xe""' No
18. Will you assume the responsibility and obligation for making all
educational decisions. Yes ? No
;114E
77j*f
I (We) grant the West Shore School District officials permission to investigate the information I have
Presented in this questionnaire by discussing the presented information with all appropriate parties,
including my employer, as necessary, to confirm the factual accuracy of my (our) statements.
COMONWEALTH OF PENNSYLVANIA)
) S.S.
COUNTY OF ng, gfZe1-4 /
Before me, the undersigned officer. personally appeared the above named resident of the /i/FST 51.467-
School District, who being duly sworn according to law deposes and says
forth in the foregoing statements am true and COMC
that the set NOTAR AL SZAL
ecs:nP F*Ml It Cnristie L Underkomer, Noury Public r.
Camp 0. CenrDe UM County 3 of 3 -
My eandniw D*u ,hire 24. M page _
CONSTANCE C. WEBB,
PLAINTIFF
V.
WEST SHORE SCHOOL DISTRICT,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 99-6575 EQUITY TERM
ORDER OF COURT
AND NOW, this day of October, 1999, a hearing shall be held
on the within petition for a preliminary injunction on Wednesday, November 3, 1999, at
9:00 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle,
Pennsylvania.
John W. Purcell, Jr., Esquire
For Plaintiff
Joanne D. Sommer, Esquire
For Defendant
B. Bayley, J.
C?"°? rn?«l. I 111 ?49.
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CONSTANCE C. WEBB,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
: NO. 99 - to.5 7S
WEST SHORE SCHOOL DISTRICT, `
Defendant : IN EQUITY
ORDER OF COURT
AND NOW, this day of
1999, upon consideration of the
foregoing Petition for Preliminary Injunction, a Preliminary Injunction is hereby
ORDERED as follows:
A. The child, Stephanie A. Frye, granddaughter of the Plaintiff, Constance C.
Webb, shall be immediately allowed to return to and atten 1 Cedar Cliff High School,
and continue with her education, until further Order of Court.
B. The Defendant shall not prevent the child from attending Cedar Cliff High
School, and shall take all necessary steps to rejoin her with her class and assist her
with any of her studies she has missed.
C. A hearing shall be held on the day of 1999, at
.m., Courtroom No. , to determine if this Preliminary Injunction should
remain in effect pending trial on the underlying Complaint.
BY THE COURT,
J.
CONSTANCE C. WEBB,
Plaintiff
VS.
WEST SHORE SCHOOL DISTRICT,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99. G J /•J u %tu.
IN EQUITY a '
PETITION FOR PRELIMINARY INJUNCTION
Plaintiff, through the undersigned counsel, petitions this Court on behalf of her
granddaughter, Stephanie A. Frye, for the issuance of a Preliminary Injunction
pursuant to Pa. R.C.P. §1631, and in support thereof alleges as follows:
1. The Plaintiff filed a verified Complaint in Equity with the Prothonotary of
this Court on October 29, 1999, a true copy which is attached as Exhibit "A".
2. The child, Stephanie A. Frye, has been without access to schooling since
October 18, 1999, and unless a Preliminary Injunction is issued, will continue to have
no access to education.
3. The Plaintiff requests that the Court Order that the status quo prior to
October 18, 1999 be maintained pending trial on the Complaint.
4. The requested relief is necessary to prevent immediate and irreparable
harm which cannot be compensated by damages.
6. A greater injury would result to the child by refusing the requested relief
than by granting it.
6. The requested relief properly restores the parties to their status quo as it
existed immediately prior to the refusal to allow the child to attend school.
7. The activities sought to be enjoined is actionable and the requested relief is
reasonably suited to alleviate the problem.
8. The Plaintiffs right is clear and a wrong to be remedied is manifest.
WHEREFORE, the Plaintiff requests this Honorable Court to enter a
Preliminary Injunction ordering the Defendant to allow Stephanie A. Frye to return to
her class at the Cedar Cliff High School and to continue there pending further Order
of Court.
Respectfully submitted,
PURCELL, KRUG & HALLER
BY -?
Jo . Purcell, Jr.
1919 North Front Street
Harrisburg, PA 17102
(717) 234.4178
CONSTANCE C. WEBB,
Plaintiff
Vs.
WEST SHORE SCHOOL DISTRICT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
: IN EQUITY
NOTICE
You have been sued in court. II you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice have been served. To
defend against the aforementioned claims, a written appearance stating your defenses and objections must
be entered and filed in writing by you, the defendant, or by an attorney. You are warned that If you fall to
take action against these claims, the court may proceed without you and a judgement for any money
claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the
court without further notice. You may lose money, property or other rights Important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
e Floor Cumberland County Courthouse
Carlisle, PA. 17013 -- (717) 240-6200
NOTICIA
Le han demandado a usted an Is torte. SI usted qulere defenderse de estas damandas expuastas
an las paginas siguientes, usted tiens viente (20) dies de plazo al partir de Is fecha de Is demands y Is
notification. Ustod dabs presenter una apariencia escrita o on persona o por abogado y archivar an la
torte on forma escrita sus defenses o sus objeciones a las demandas on contra de su persona. Sea
avisado qua si usted no se defiende, Is corto tomara medidas y puede ontrar una orden contra usted sin
previo aviso o notification y por cualquier queja o alivio quo as pedido on Is petition de demands. Usted
puede perder dinero o sus propiodades o otros derechos Importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE
ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TALSERVICIO, VAYA EN
PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA
LEGAL:
Court Administrator
4'" Floor Cumberland County Courthouse
Carlisle, PA. 17013 -- (717) 240-6200
Exhibit "A"
CONSTANCE C. WEBB, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO.
WEST SHORE SCHOOL DISTRICT,
Defendant : IN EQUITY
COMPLAINT
1. The Plaintiff is Constance C. Webb, an adult individual with a place of
residence of 1191 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania
17011.
2. The Defendant is the West Shore School District, a school district organized
and existing under the laws of the Commonwealth of Pennsylvania, with a business
address of 507 Fishing Creek Road, Lewisberry, Pennsylvania 17339-9411.
3. The subject matter of this action is a minor child, Stephanie A. Frye, who is
14 years of age, having been bom on November 19, 1984, and whose current address
is 1191 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania 17011.
4. The child, Stephanie A. Frye, is the natural grandchild of the Plaintiff
Constance C. Webb.
5, The Plaintiff is also the legal custodian of the child, having legal and
physical custody of the child as those terms are defined under 23 Pa. C.S. §5302.
Custody of the Plaintiffs grandchild was ordered by the Court of Common Pleas,
Cumberland County on October 18, 1999, and a copy of the Order is attached hereto
as Exhibit "A".
6. The child has been a continuous resident of the West Shore School District,
having resided at 90 Springer Lane, New Cumberland, Pennsylvania, from January
1998 through October 7, 1999 when her mother moved out of the school district, and
since October 7, 1999, at the address of the Plaintiff.
7. During that period of time, the child as been consistently enrolled in schools
within the West Shore School District, first at Middle School, and most recently at
Cedar Cliff High School. From the beginning of the 1999-2000 school year, the child
has been enrolled at Cedar Cliff High School, through October 15, 1999, when the
school district told the Plaintiff that the child would not be allowed to return to school
on Monday, October 18, 1999 because she was not a resident of the school district.
8. The Defendant's actions are in violation of law, specifically, 24 P.S. §13-1302,
which provides school privileges to any resident of the district.
9. The Plaintiff has met all the requirements of the aforementioned statute.
10. The child has boon without education since October 18, 1999, and will
continue to be without education unless allowed to go back to school. Every day that
goes by detracts from liar ability to obtain a quality education and maintain her
grades.
11. The Plaintiff does not have an adequate remedy at law.
WHEREFORE, the Plaintiff requests this Honorable Court to:
A. Enter a temporary injunction against the Defendant ordering the Defendant
to allow the child, Stephanie A. Frye, to immediately re-enter and attend Cedar Cliff
High School; and
B. Schedule a hearing on the request for an injunction; and
C. After hearing, enter an permanent injunction allowing the child to continue
liar education as Cedar Cliff High School in the West Shore School District.; and
D. Order such further relief as may be deemed equitable and just.
Respectfully submitted,
PURCELL.KRUG & HALLER
Jo W. Purcell, Jr.
I. A. 29955
719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
yt,,
?Ci3Y
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CONSTANCE C. WEBB. : IN T14E COURT OF COMMON PLEAS
Plai-tiff : CUMBERLAND COUNTY. PENNSYLVANIA
VS. : N0. ??_ ?aa?' Cum
CIVIL ACTION-LAW
ELAINE M. WEBB BOYD,
Defendant : CUSTODY
ORDER OF COURT
AND NOW, this 1;7 day ofe 1999, upon consideration of the Complaint
for Custody in the above matter, and the Stipulation for Custody of Minor Child of the patties, it is
hereby ORDERED and DECREED that legal and physical custodv of the minor child. Stephanie A.
Frye, shall be granted to the Plaintiff Constance C. Webb. until further Order of Court, or
agreement of the parties.
The Defendant may have such visitation as the parties. from time to time. mutually agree.
By the Court.
Judge
T-. i9.51
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Exhibit "A"
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. .
I understand that false statements herein are made subject to the penalties of 18 PA C. S.
§ 4904 relating to unsworn falsification to authorities.
Dated: LO e,T d
Constance C. Webb
VERIFICATION
I verify that the statements made in the foregoing Petition for Preliminary Injunction are
true and correct.
I understand that false statements herein are made subject to the penalties of 18 PA C.S.
§ 4904 relating to unswonn falsification to authorities.
Dated:
Constance C. Webb
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CONSTANCE C. WEBB. IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA
Vs. No. qq_ 6a? O..
CIVIL ACTION-LAW
ELAINE M. WEBB BOYD,
Defendant CUSTODY
ORDER OF COURT
t
AND NOW, this ?_ day of I??t;e, . 1999, upon consideration of the Complaint
for Custody in the above matter, and the Stipulation for Custody of Minor Child of the parties, it is
hereby ORDERED and DECREED that legal and physical custody of the minor child. Stephottie A.
Frye. shall be granted to the Plaintiff Constance C. Webb, until further Order of Court, or
agreement of the parties.
The Defendant may have such visitation as the parties. from time to time, mutually agree.
By the Court.
/S/
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r P E1XHIBITR'S
IT Ti Ixr
CONSTANCE C. WEBB. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA
vs. : CIVIL ACTION-LAW
ELAINE,[. WEBB BOYD, : NO.
Defendant : CUSTODY
COINIPLAIYP FOR CUSTODY
AND NOW, comes Constance C. Webb, by her attorneys. Purcell. Krug & Haller and files
the following Complaint for Custody.
1. The Plaintiff is Constance C. Webbt residing at 1191 Letchworth Road, Camp Hill,
Cumberland County. Pennsylvania 17011.
2. The Defendant is Elaine M. Webb Boyd, residing at 90 Springer Lane. New Cumberland.
Pa County. Pennsylvania 17070.
3. The Plaintiff seeks custody of the following child:
Name Present Residence Age
Stephanie A. Frye 90 Springer Lane 14
New Cumberland, PA
Stephanie A. Frye was born out of wedlock.
The child is presently in the custody of the Defendant who resides at 90 Springer Lane. New
Cumberland, Cumberland County, Pennsylvania.
During the past year, the child has resided with the following persons and at the following addresses:
Elaine M. Webb Boyd
90 Springer Lane
Ne%% Cumberland. PA
Nov. 1934 to present
The mother of the child is the Defendant Elaine M. Webb Boyd, currently residing at 90 Springer
Lane. New Cumberland. Pennsylvania.
The Defendant is the daughter of the Plaintiff.
4. The relationship of Plaintiff to Stephanie A. Frye is that of Grandmother. The Plaintiff
currently resides with the following persons: Bobby Hurley
I
5. The relationship of Defendant Elaine M. Webb Boyd and Stephanie A. Frye is that of
mother and daughter. The Defendant currently resides with the following persons: Martin Wesley
Boyd.
6. The Plaintiff has not participated as a parry or witness. or in another capacity in other
litigation concerning the custody of the child in this or another Court.
The Plaintiff has no information of a custody action concerning the child pending in a Court
of this Commonwealth.
The Plaintiff doe not know of a person not a party to the proceeding who has physical
custody of t`e child or claims to have custody of the child.
7. The best interest and permanent welfare of the Stephanie A. Frye will be served by
granting the relief requested because the Plaintiff and the natural mother Defendant Elaine M. Webb
Boyd have executed a Stipulation which is attached as Exhibit "A".
). The parent %%hose parental r!--, RS it) tie child hai not been :e. 7lInA:Ct: a::J '.%::0
has physical custody of the child has been named as party to this action. All other persons. named
below. who are known to have or claim a right to custody or visitation of the child %%iII be given
notice of the pendency of this action and the right to intervene:
(A) The natural father. Paul Frye who resides at 1516 Allison Street. Harrisburg,
Pennsylvania 17101.
9. The parties have executed a Stipulation for the Custody of the Minor Child which is
attached as Exhibit "A The natural father, Paul Frye, has executed a Joinder which is attached
hereto as Exhibit "B".
WHEREFORE, the Plaintiff requests the Court to grant her custody of Stephanie A. Frye.
Respectfully submitted,
KRUG &
BY
A719 11 • 1 VII, JI•
?9955
North Front Street
Harrisburg, PA 17103
(717)334.4178
CONSTANCE C. WEBB,
Plaintiff
VS
ELAINE M. WEBB BOYD,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION-LAW
: NO.
:CUSTODY
STIPULATION FOR CUSTODY OF MINOR CHILDREN
We, Elaine M. Webb Boyd, the Defendant and Constance C. Webb, the Plaintiff. in the
,
above captioned matter. hereby stipulatb and consent to the transfer of custody of Stephanie A.
Frye. bum November 19, 1934. to the Plaintiff. Constance C. Webb.
WE VERIFY THAT THE STATEMENTS IN THE FOREGOING STIPULATION
FOR CUSTODY ARE TRUE AND CORRECT. WE UNDERSTAND THAT FALSE
STATEMENTS HEREIN' ARE MADE SUBJECT TO THE PENALTIES OF
13 Pa. C.S.A. §4904 RELATING TO UNSWOR.N FALSIFICATION TO AUTHORITIES,
MTNESS:
t', et
Constance C
Elaine M. Webb Boyd
EXHIBIT "A"
CONSTANCE C. WEBB,
Plaintiff
Vs.
ELAINE M. WEBB BOYD,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
: CIVIL ACTION-LAW
: IN CUSTODY
JOINDER
I. Paul Frey, father of Stephanie A. Frye, bom November 19, 1984, join in the
attached Stipulation for Custody, and agree to the transfer of physical and legal
custody of my daughter. Stephanie A. Frye, to the Plaintiff, Constance C. Webb.
I VERIFY THAT THE STATEMENTS IN THE FOREGOING STIPULATION FOR
CUSTODY ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS
HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S.A. §4904
RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
WITNESS:
l[i-C/ f/'-C•Gl?
Paul Frye
Exhibit "B"
VERIFICATION
I verify that the statements mado in the foregoing Complaint for Custody with Stipulation
are true and correct.
I understand that false statements herein are made subject to the penalties of 18 PA C.S
§ 4904 relating to unsworn falsificbtlon to authorities.
Dated: 14-11-1-91:Z - ,&, 114
Constance C. Webb
CONST,ANCE C. WEBB,
PLAINTIFF
V.
WEST SHORE SCHOOL DISTRICT,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
99-6575 EQUITY TERM
IN RE: PETITION FOR PRELIMINARY INJUNCTION
ORDER OF COURT
AND NOW, this '??4. day of November, 1999, following a hearing,
the petition of plaintiff for a preliminary injunction, IS GRANTED. Defendant, West
Shore School District, is prohibited from excluding Stephanie A. Frye as a student in the
West Shore School District on the basis of residency pending a final resolution of this
case. Pursuant Pa. Rule of Civil Procedure 1531(b)(2) plaintiff shall deposit $1.00 with
the Prothonotary upon the conditions set forth in Rule 1531(b)(1).'
By the Court,
John W. Purcell, Jr., Esquire
For Plaintiff
Joanne D. Sommer. Esquire
For Defendant
:saa
Edgar B. Bayley.
.CG72Lct)) /1x1,0.
' Opinion to follow.
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CONSTANCE C. WEBB,
PLAINTIFF
V.
WEST SHORE SCHOOL DISTRICT,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
1 Yys'
99-e= EQUITY TERM
IN RE: PETITION FOR PRELIMINARY INJUNCTION
BEFORE BAYLEY, J.
OPINION
Bayley, J., November 5, 1999:-
Stephanie Frye, age 14, born November 19, 1981, is the daughter of Elaine
Boyd and Paul Frye. The parents who lived together, never married and separated
some time ago, have two sons who are younger than Stephanie. Petitioner, Constance
C. Webb, the maternal grandmother of Stephanie, lives at 1191 Letchworth Road,
Camp Hill, Pennsylvania. That residence is within the West Shore School District.
Stephanie has lived with her maternal grandmother since October 7, 1999. Before then
she lived with her mother and brothers in New Cumberland. New Cumberland Is in the
West Shore School District. Stephanie commenced this school year in the ninth grade
at Cedar Cliff in the West Shore School District. Before that she had gone to a middle
school in New Cumberland which is in the West Shore School District.
Near the beginning of October, 1999, Elaine Boyd was displaced from her
residence in New Cumberland. The Cumberland County Children and Youth Service
Agency became involved as to the adequacy of her care for her children. In a private
99-8575 EQUITY TERM
arrangement, Boyd agreed to transfer legal and physical custody of Stephanie to
Stephanie's maternal grandmother which custody the grandmother accepted. The
mother later relocated to Dallastown, York County, with her two sons. Dallastown is
outside of the city of York and is in the Dallastown School District. The mother and
Constance C. Webb entered into a written stipulation, that was joined by Stephanie's
father, that is the basis for a custody order entered by consent in this court on October
18, 1999, granting legal and physical custody of Stephanie to Constance C. Webb.
Webb works for the Federal Government and Stephanie is now insured under her
employer's medical coverage plan. The father had been paying the mother support for
their three children but the grandmother is not receiving any of that money, nor is she
receiving any money for the support of Stephanie from the mother.
After obtaining affidavits from Constance C. Webb and Elaine Boyd, the
administration of the West Shore School District excluded Stephanie from school on the
basis that she no longer met the residency requirement in Section 13-1302 of the Public
School Code of 1949, as amended, 24 P.S. Section 1-101 at seq. Her last day of
school was on October 15, 1999. Constance C. Webb filed a complaint in equity
seeking Stephanie's reinstatement into the ninth grade at Cedar Cliff. Ancillary to that
complaint she filed a petition for a preliminary injunction upon which a hearing was
conducted on November 3, 1999. Following the hearing this order was entered:
AND NOW, this 3" day of November, 1999, following a hearing, the
petition of plaintiff for a preliminary injunction, IS GRANTED. Defendant,
West Shore School District, is prohibited from excluding Stephanie A.
-2-
99-6575 EQUITY TERM
Frye as a student in the West Shore School District on the basis of
residency pending a final resolution of this case. Pursuant to Pa. Rule of
Civil Procedure 1531(b)(2) plaintiff shall deposit $1.00 with the
Prothonotary upon the conditions set forth in Rule 1531(b)(1).
The Public School Code provides in pertinent part:
Section 13-1301. Age limits; temporary residence
Every child, being a resident of any school district, between
the ages of six (6) and twenty-one (21) years, may attend the public
schools in his district, subject to the provisions of this act. The
board of school directors of any school district may admit to the schools of
the district, with or without the payment of tuition, any non-resident child
temporarily residing in the district, and may require the attendance of such
non-resident child in the same manner and on the same conditions as it
requires the attendance of a resident child. (Emphasis added.)
Section 13-1302. Residence and right to free school privileges
A child shall be considered a resident of the school district in
which his parents or the guardian of his person resides. Federal
installations are considered a part of the school district or districts in which
they are situate and the children residing on such Installations shall be
counted as resident pupils of the school district. When a resident of any
school district keeps In his home a child of school age, not his own,
supporting the child gratis as if it were his own, such child shall be
entitled to all free school privileges accorded to resident school
children of the district, Including the right to attend the public high
school maintained in such district or in other districts in the same
manner as though such child were in fact a resident school child of the
district, and shall be subject to all the requirements placed upon resident
school children of the district. Before such child may be accepted as a
pupil, such resident shall file with the secretary of the board
appropriate legal documentation to show dependency or
guardianship or a sworn statement that he Is a resident of the
district, that he is supporting the child gratis, that he will assume all
personal obligations for the child relative to school requirements,
and that he intends to so keep and support the child continuously
and not merely through the school term. (Emphasis added.)
-3-
99-8575 EQUITY TERM
Based on the testimony of Constance C. Webb, whom we find credible, and all of
the other testimony and evidence submitted at the hearing in this court, we find as facts
that petitioner (1) lives in the West Shore School District with Stephanie Frye, (2) has
legal and physical custody of Stephanie, (3) is supporting Stephanie gratis as if she
were her own, (4) has assumed all personal obligations for Stephanie relative to school
requirements, and (5) intends to keep Stephanie and support her continuously and not
merely through the school term. Accordingly, Stephanie is entitled to free school
privileges in the West Shore School District.
In T. W. Phillips Gas & Oil Co. v. People's Natural Gas Co., 89 Pa. Commw.
377 (1985), the Commonwealth Court set forth the well-established standards
necessary for the issuance of a preliminary injunction;
(1) the relief Is necessary to prevent immediate and Irreparable harm
which cannot be compensated by damages; (2) greater injury will occur
from refusing the injunction than from granting it; (3) the injunction will
rostore the parties to the status quo as it existed immediately before the
alleged wrongful conduct; (4) the alleged wrong is manifest, and the
Injunction Is reasonably suited to abate it; and (5) the plaintiffs right to
relief is clear. (Citations omitted.)
As to the last standard, the Supreme Court of Pennsylvania stated in Shenango
Valley Osteopathic Hospital v. Department of Health, 499 Pa. 39 (1982), that
plaintiff must be likely to prevail on the merits. Stated another way by the
Commonwealth Court in Franklin Land Company v. Borough of Fox Chapel, 32 Pa.
Commw. 478 (1977), plaintiff must establish the prospect of securing a permanent
injunction is good.
-4-
99.6575 EQUITY TERM
Stephanie has not been to school since October 15, 1999. Petitioner has met all
of the requirements for the Issuance of a preliminary injunction. Accordingly, the
preliminary Injunction that was granted following the hearing on November 3, 1999, was
appropriately entered.
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(DATE)
John W. Purcell, Jr., Esquire
For Plaintiff /5lqq
Joanne D. Sommer, Esquire
For Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - EQUITY
CONSTANCE C. WEBB
99-6575 EQUITY TERM
vs.
WEST SHORE SCHOOL DISTRICT
ANSWER AND NEW MATTER OF DEFENDANT TO
COMPLAINT
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted,
8. Denied. To the contrary, the Defendant's actions are consistent with the requirements
of 24 P.S. §13-1302. The Defendant has abided by the requirements under this
section that must be met in order to establish a right to free school attendance for
students who reside with someone other than a natural parent.
9. Denied. To the contrary, the Plaintiff has failed to meet the requirements of the
aforementioned statute. By way of further answer, the Plaintiff has failed to satisfy
the provisions of the statute by failing to prove that she is supporting Stephanie Frye
gratis, that she will assume all personal obligations for the child relative to school
n
requirements, and that she intends to so keep and support the child continuously and
not merely through the school year.
10. Denied. At a hearing before Judge Synder on November 3, 1999, a preliminary
injunction was granted in the favor of the Plaintiff Ordering the Defendant to allow
Stephanie Frye to attend school in West Shore School District. The Defendant has
complied with the order and has allowed Stephanie to attend its schools.
11. Denied. The remedy at law is provided pursuant to 24 P.S. §13-302.
WHEREFORE, Defendant, West Shore School District, respectfully requests this
Honorable Court to dismiss the Complaint.
NEW MATTER
12. Defendant, West Shore School District, incorporates its answers to paragraphs 1
through 11 as if set fully herein at length.
13. The Defendant believes and therefore avers that the consensual custody/guardianship
agreement was filed simply to manufacture a residence to comply with §13-1302 of
the school code.
14. Under Pennsylvania law, the existence of a custody order does supercede or eliminate
the duty of the Plaintiff to establish the requirements under §13-1302. In re
Montgomery, 10 D. & C. 3d 439.
15. To prove entitlement to free school privileges of students who arc living with a
guardian or non-parent, §13-1302 provides: "Before such child may be accepted as a
pupil, such resident shall file with the secretary of the board appropriate legal
documentation to show dependency or guardianship or a sworn statement that he is
supporting the child gratis, that he will assume all personal obligations for the child
1)
relative to school requirements, and that he intends to so keep the child continuously
and not merely through the school year."
16. Plaintiff has not satisfied the provisions of §13-1302 because (1) she will not be
supporting Stephanie gratis in her home; (2) she does not provide health insurance to
cover Stephanie; (3) the sole purpose of the transfer was so that Stephanie could
attend West Shore School District; (4) the affidavits leave open the question of
whether Plaintiff may be receiving support payments; and (5) it is unclear from the
affidavits where Stephanie will reside on non-school days.
17. Since the Plaintiff has failed to satisfy the requirements of §13-1302 of the School
Code, Stephanie is not entitled to attend school in West Shore School District and
Stephanie must be enrolled in the Dallastown School District, where her mother
resides.
WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss the
Complaint.
Respectfully submitted,
EASTBURN AND GRAY
BY: ?'Zwlh) l .
Joanne D. Sommer, Esquire
3
VERIFICATION
I, Joanne D. Sommer, verify that I represent Defendant West
Shore School District and that the statements made in the attached
pleading are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn falsification to authorities.
Joanne D. Sommer, Esq rUi e
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CONSTANCE C. WEBB
Plaintiff
Vs.
WEST SHORE SCHOOL DISTRICT
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6576 - EQUITY TERM
CIVIL ACTION-EQUITY
PLAINTIFF'S RESPONSE TO THE DEFENDANT'S NEW MATTER
12. No response required.
13. Denied as a conclusion of law.
14. Denied as a conclusion of law.
16. Denied. §13-1302 speaks for itself.
16. Denied as a conclusion of law.
17. Denied as a conclusion of law.
WHEREFORE, Plaintiff requests this Honorable Court to enter the relief
VERIFICATION
I verify that the statements made in the foregoing Plaintiffs Response to Defendant's New
Matter are true and correct.
understand that false statements herein are made subject to the penalties of 18 PA C.S.
§ 4904 relating to unsworn falsification to authorities.
Dated: December 6, 1999 ( t u/ e ??
Constance C. Webb
1, John W. Purcell, Jr., Attorney for the Plaintiff, hereby certify that a true and correct copy
of the foregoing was served on the Defendant by sending said copy to its attorney of record by first
class U.S. mail on December 6, 1999:
Joanne D. Sommer, Esquire
Andrew J. Blady, Esquire
Eastburn and Gray
60 East Court Street
P.O. Box 1389
Doylestown, PA 18901-0137
Attorney for Defendant
M
JHN W. PURCELL, JR.
D. NO. 29955
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