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HomeMy WebLinkAbout03-6112IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -- IN EQUITY PRISCILLA A. SHAFFER, a minor, : by and through her custodians and grandparems, : WILLIAM SHAFFER and BEVERLY SHAFFER, : Pla'mtiffs : WEST SHORE SCHOOL DISTRICT, : Defendants : ORDER AND NOW, this ~ ~y of ~1 ~ , 2003, upon presentation and consideration of the Complaint and Motion filed herein, and further a/ter a conference in chambers, and pursuant to Pa.R.C.P. No. 1531 (a), said Motion is granted. Defendant is temporarily enjoined as follows: 1. Defendant, its agents or employees shall, within three hours of actual notice hereof, discontinue the suspension &the minor child Priscilla A. Shaffer and readmit her as a student at Hillside Elementary School, pending a resolution by this Court. 2. Defendant shall not interfere in any manner with the minor child Priscilla A. Shaffer's ability to attend c/asses at the Hillside Elementary School, until and unless otherwise ordered by this Court. 3. Any legitimate business relative to the minor child's schooling at Hillside Elementary School or any pending litigation concerning it, which Defendant believe it may have, shall be conducted by way of Defendant's legal counsel and counsel for Plaintiffs. A hearing for the purpose of determining whether or not this special or preliminary injunction is to be continued pending a final determination on the matter on its merits will be held on the O~{~l~day of ~~ 2003 at ~.'00 o'clock P .n~ in Courtroom No.,fi", of the Cumberland County Courthouse, Carlisle, Pennsylvania. Service of the documents filed herein shall be made upon Defendant either by the Sheriff of Cumberland County or a competent adult individual, in conformity with Pa.R.C.P. No.'s 400(b)(1) and 402(a)(iii). Jo necessity of Plaintiffs posting a bond due to their indigent status and, after hearing, grant a permanent injunction enjoining Defendant as set forth herein above. Date: Respectfully submitted, A hearing for the purpose of determining whether or not this special or preliminary injunction is to be continued pending a final determination on the matter on its merits will be held on the ~(e~day of /~~ 2003at~.'00 o'clock .m. in Courtroom No.~'", of the Cumberland County Courthouse, Carlisle, Pennsylvania. Service of the documents filed herein shall be made upon Defendant either by the Sheriff of Cumberland County or a competent adult individual, in conformity with Pa.R.C.P. No.'s 400(b)(1 ) and 402(a)(iii). IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA B IN EQUITY PRISCILLA A. SHAFFER, a minor, : by and through her custodians and grandparents, : WILLIAM SHAFFER and BEVERLY SHAFFER, : Plaintiffs : . WEST SHORE SCHOOL DISTRICT, : Defendants : No. MOTION FOR SPECIAL OR PRELIMINARY INJUNCTION Pursuant to Pa~ R.C.P. No. 1531 (a), upon the verified Complaint filed simultaneously herewith, Plaintiffs, by their counsel, respectfully move your Honorable ~2ourt to issue an ex parte special injunction, without written notice to Defendant, pending hearing to be held within five (5) days, enjoining Defendant from continuing its suspension of the minor child Priscilla A. Shaffer from the Hillside Elementary School. Such relief is appropriate and should be granted because, as more fully set forth in Plaintiffs' Complaint: 1. The minor child will suffer immediate and irreparable harm unless the special relief prayed for herein is granted; 2. The minor child has no adequate remedy at law; 3. Defendant will not be substantially harmed if the special relief is granted, pending a final determination on the merits; and 4. There is a substantial likelihood that Plaintiffs will ultimately be successful on the merits. WHEREFORE, Plaintiffs requests that your Hono~le Court issue a preliminary or special injunction prior to written notice to the Defendant and do so without the necessity of Plaintiffs posting a bond due to their indigent status and, after hearing, grant a permanent injunction enjoining Defendant as set forth herein above. Date: Respectfully submitted, Paula K. Knudsen Attorney for Plaintiffs PA ID: 87607 American Civil Liberties Union (ACLU) Foundation of Pennsylvania 105 N. Front St., Suite 225 Harrisburg, PA 17101 (717) 236-6827 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - IN EQUITY PRISCILLA A. SHAFFER, a minor, : by and through her custodians and grandparents, : WILLIAM SHAFFER and BEVERLY SHAFFER, : Plaintiffs : : V. : : WEST SHORE SCHOOL DISTRICT, : Defendants : PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow William Shaffer and Beverly Shaffer to proceed In Forma Pauperis. I, Pauia K. Knudsen, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing l~ee legal service to the party. Paula K Knudsen Attorney for Plaintiffs PA ID: 87607 American Civil Liberties Union (ACLU) Foundation of Pennsylvania 105 N. Front St., Suite 225 Harrisburg, PA 17101 (717) 236-6827 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - IN EQUITY PRISCILLA A. SHAFFER, a minor, by and through her custodians and grandparents, WILLIAM SHAFFER and BEVERLY SHAFFER, Plaintiffs WEST SHORE SCHOOL DISTRICT, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Pleading and Notice are served, by entering a written appearance personally or by attorney or filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Pleading or for any other claim or relief requested by the Plaintiff. You may lose money or 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. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES - ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - IN EQUITY PRISCILLA A. SHAFFER, a minor, by and through her custodians and grandparents, WILLIAM SHAFFER and BEVERLY SHAFFER, No.~~ ~[/~ ~tt//~ Plaintiffs V. WEST SHORE SCHOOL DISTRICT, Defendants COMPLAINT FOR INJUNCTIVE RELIEF 1. Plaintiffs are a minor child, Priscilla A. Shaffer, date of birth July 5, 1994; and her maternal grandparents, William and Beverly Shaffer. 2. Defendant West Shore School District (hereinafter "WSSD") is a political subdivision of the Commonwealth of Pennsylvania with business offices located at 507 Fishing Creek Road, New Cumberland, Pennsylvania 17070-0803. 3. The minor child's biological mother is Patricia Shaffer (hereinafter "mother"). Mother resides in Empire, Colorado. Her mailing address is PO Box 512, Empire, CO 80438. 4. The minor child and her maternal grandparents (hereinafter "grandparents") reside at 313 Reno St., Rear, New Cumberland, PA 17070. 5. The minor child has resided with her grandparents at 313 Reno St., Rear, New Cumberland, PA 17070 since approximately July 25, 2003. 6. Grandparents have resided at 313 Reno St., Rear, New Cumberland, PA 17070 for approximately 10 years. 7. On or about August 28, 2003, the minor child began fourth grade at WSSD's Hillside Elementary School, 516 Seventh Street, New Cumberland, Pennsylvania, 17070. 8. The minor child attended Hillside Elementary School from approximately August 28, 2003 until Friday, October 31, 2003, at which time the child was suspended. The child was suspended per a letter dated October 31, 2003. A true and correct copy of the letter is attached and incorporated herein as exhibit A. 9. On or about Thursday, November 6, 2003, the child returned to school pursuant to an agreement reached between school administrator Dr. Daniel Sheats and undersigned counsel. The child attended school until Friday, November 14, 2003, at which time she was again suspended, per a letter dated November 14, 2003. A true and correct copy of the letter is attached and incorporated herein as exhibit 13. 10. The minor child continues to be suspended from Hillside Elementary School. 11. Defendant's conduct as described herein has been, and continues to be, a violation of the laws of this Commonwealth governing a school-age child's right to a free and appropriate education in the district in which she lives, pursuant to 24 P.S. § 13-1302. 12. As a result of Defendant's refusal to accept the minor child as a student, the minor child, the grandparents and mother have suffered, and will continue to suffer, immediate and irreparable harm. Such harm includes, but is not limited to: a. Gross disruption of the minor child's education; b. Gross disruption of the grandparents', mother's and child's personal lives; c. Embarrassment and humiliation; 13. Comparatively, Defendant will not be substantially harmed if required to restore the minor child to Hillside Elementary School pending a proper resolution under applicable laws of the Commonwealth and roles of Court. 14. Plaintiffs have no adequate remedy at law. 15. Unless this Court exercises its equity jurisdiction and grants the relief prayed for herein, Plaintiffs will continue to suffer immediate and irreparable harm. WHEREFORE, Plaintiff prays that your Honorable Court: Pursuant to Pa.R.C.P. No. 1531 (a) issue an ex parte special injunction prior to Date: written notice to Defendant, requiring Defendant to, within three hours of actual notice of the Court's Order, discontinue the suspension of the minor child Priscilla A. Shaffer and readmit her as student at Hillside Elementary School and do so without requiring Plaintiffs to post bond due to their indigence; Upon hearing, grant a temporary and then permanent injunction enjoining Defendant from interfering in any manner with the minor child Priscilla A. Shaffer's ability to attend classes at the Hillside Elementary School, until and unless otherwise ordered by this Court; Following hearing, award Plaintiff compensatory damages; Grant such other relief as the Court deems fit. Respectfully submitted, Paula K. Knudsen Attorney for Plaintiffs PA ID: 87607 American Civil Liberties Union (ACLU) Foundation of Pennsylvania 105 N. Front St., Suite 225 Harrisburg, PA 17101 (717) 236-6827 VERIFICATION I, William Shaffer, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief· I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. ~Villiam Shaffer Dated· VERIFICATION I, Beverly Shaffer, verify that the statements made in the foregoing Complaint are tree and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. west Shore School District Hillside Elementary School October 31, 2003 Mrs. Patricia Shaffer 313 R Reno Street NeW Cumlx/rledid, PA' !'7070 Dear Mrs. Patric~a Shaffcr, As a result o£your failure to ccrmply with the attendance exception you were issued for your daughter, Priscilt a Shatfer on August 28, 2003, the attendance exception has been revoked. Your daughter Priscilla will be s~spended from school at the close of the day on Friday, October 31, 2003 until your residence has been documented. An informal hearing is scheduled for Wednesday, November 5, 2003 at 4:00 p.m, at thc West Shore School l~stfict admin/stmtion building for you to submit the proof of residence reqaested. In the event you fail to provide the necessary documentation at this iaformal hearing, your daughter will be suspended for seven (7) additiomI school days, or until proper documentation of residence has been provided. Sincerely, Wendy L. l~6yer Principal WENDY L, ROYER Principal $16 ~ev~lh Street New Cumberland Penns14vanla 1~70-15~ ~, (71~ 774-1321 ~.~.kl 2.~.~ An ~u~ Op~i~ e~oy~ LARRY A. SAYRE Su~rintendtn~ JEAN M. DYSZEL Assistant SuPennlo~x, nt West Shore School District Hillside Elementary School November 14, 2003 Mrs. Patricia Shaffer 313-R Reno Avenue New Cumberland, PA 17070 Dear Mrs. Shaffer: After the District extended to you a sixty (60) day attendance exception, and more than the first quarter of the 2003-2004 school year has been completed, you have failed to establish residence for yourself within the West Shore School District, secure court appointed guardianship and/or custody status for your parents, and provided a parent questionnaire to the District containing information that denied affidavit status for your daughter, Priscilla Shaffer. She is, therefore, suspended from school at the close of the day on Friday, November 14, 2003. An informal heating is scheduled for Wednesday, November 19, 2003, at 4:00 p.m. in the office of Hillside Elementary School to further assess this matter. Following the pre-hearing conference, because of your non-resident status, an expulsion hearing may be conducted before the West Shore School District's Board of School Directors that could result in an expulsion for Priscilla. Please feel free to contact me by telephone if you have questions. Sincerely, Principal WEN'DY L. ROYER Principal 516 Seventh Street New Cumberland, Pennsylvania 17070-1598 Phone (717] 774-1321 www,wssd.kl 2.pa.us An equal oppod'unity emplayer LARRY A. SAYRE Superintendent JEAN M. DYSZEL Assistant Superintendent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - IN EQUITY PRISCILLA A. SHAFFER, a minor, : by and through her custodians and grandparents, : WILLIAM SHAFFER and BEVERLY SHAFFER, : Plaintiffs : WEST SHORE SCHOOL DISTRICT, : Defendants : AFFIDAVIT OF SERVICE I, ~[i /~ ~ P'-T.- , the undersigned, do hereby state that I personally served the Complaint for Injunctive Relief, Motion for Special or Preliminary Injunction and Order dated November 2I, 2003 in the above-captioned matter, by handing a copy to the person listed below: A. Person served: 6 ~t,ot& B. Address of Service: C. Nme of Office where pemon se~ed: D. DateofSewice: ~o~t~ E. Time of Sewice: ~:~7 I verify that I am eighteen years of age or older and that I am neither a party to the action nor an employee or a relative of a party to the action. Further, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworu falsification to authorities. Date Affiant NOU-~5-R003 13:50 F~OM:~CLU OF ~R 717~66~95 TO:~40646R COURT OF COMMON PLEAS OF CUMBEBLAND COUNTY, PENNSYLVANIA IN EQUITY PRISCn'.~.& A. ~ a minor, : by and through her custodia~ and ~randparerds, : ~ .qHAFFI/R and BRVERLY SHAFFE~; Pla/nfil~ : WE~T SHO1KE SCHOOL DISTRICT. Defendants No.03-6112 Equity Court o£Comman P1Gaa before NOU-25-200G 1~:51 FROM:ACLU OF PA ?172~66895 T0:2406462 p.s LN T]~ COURT OF COMMON PLEAS OF CUMB~Q.~D COUhT~, I'ENNSYLV~ IN EQUITY PRISCILLA A. SHAFFF~ a minor, : by and throush her aas~liam ami grandpareats, : WII.!.IAM 5HAFF~ a~4 BIWP_.RLY SHAFFER,: P~intif~ W~T SHORE SCHOOL DISTRICT, Defendants Ne.03-6! 12 E~uity LINCON;I-F_.~TI/D MOTION FOR CONTINUANCI/~ WAIVI/R OF S-DAY LIMIT I~OR HEARIIq'G ON PRF. LIM1NARY INJI. rNCTION Motion is hereby made to aontinue the hearin~ in ih~ above captioned cas~ curl'~y scheduled ~or Wednesday, Nov~aber 26, 2003 a~ 3:00 txm. in Cou, h,.~am No. 5 of Re Cumberland Coun~ Courthouse, Carlislv, for the f~llowins re~aaon: Def~d~,~t's counsel l%ula K. lt'm~oe~, Esq. Attorney for Plaintiffs ~.~d,~%v Blady, Esq. Attorney for Defendanis Da~e By s/~,~a_~ve of both ps,ties, this is a waive~ ofth~ time r~luircments of Pa.R.C.P, No. 1 $31 (d); however, the continllan00 of thc hearing aa th~ pmI/minary injunction shsll not be held ~ than Decemb~ 12, 2003. ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - IN EQUITY PRISCILLA A. SHAFFER, a minor, : by and through her custodians and grandparents, : WILLIAM SHAFFER and BEVERLY SHAFFER, : Plaintiffs : : V. : No. 03-6112 Equity WEST SHORE AREA SCHOOL DISTRICT, Defendants MOTION FOR DISCONTINUANCE AND NOW, come the Plaintiffs, William and Beverly Shaffer, by their attomey Paula K. Knudsen, Esquire, and, based upon an agreement reached between Plaintiffs and Defendant, attached hereto, respectfully moves that this Honorable Court withdraw and discontinue this action. Respectfully submitted, ACLU FOUNDATION OF PENNSYLVANIA Attorney for Plaintiffs ID # 87607 105 N. Front St., Suite 225 Harrisburg, PA 17101 (717) 236-6827 pknudsen~aclupa.org VIA FAC~ITdILE: (215) 345-0174 R~: $~r ~- W~t Skor= ~ Di~tric't De. at Mr. Blady: You info,~,-~l me hhnt the We~t ~ So, oat Di~fie. t will 1~OT ~ Prh~/lh Shat~t**s con~ ~ in the West Sho~ School D~ h nddition, you ~ w/Il continue as a ~n-tu/fion student in the Wes~ Sht~ School 20O3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - IN EQUITY PRISCILLA A. SHAFFER, a minor, : by and through her custodians and grandparents, : WILLIAM SHAFFER and BEVERLY SHAFFER, : Plaintiffs : WEST SHORE AREA SCHOOL DISTRICT, : Defendants : No. 03-6112 Equity ORDER AND NOW, this l/~4~ day of~- ~' '~'~ l~"g~'~" ~ , 2003, upon the stated desire of the Plaintiffs to withdraw and discontinue this action, it is the Order of this Court that this matter is discontinued without prejudice, f~) Byt J. ATTEST: Copies to: Counsel for Plaintiffs, Paula K. Knudsen Counsel for Defendant, Joanne D. Sommer & Andrew J. Blady