The URL can be used to link to this page

Home My WebLink About04-0781 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INRE: J.S. : DOCKETNO: ,~gL/~ 7~/ : PETITION TO ENFORCE SUBPOENA COMES NOW, the Petitioner, S. S., by and through his attorneys, James, Smith, Dietterick and Cormelly, LLP and respectfully requests this Court to enforce the Subpoena in the above-captioned matter and in support thereof avers the following: 1. Petitioner, S. S., is the father of minor child, J. S. 2. C.B. is the biological mother of minor child, J. S. 3. On or about October 8, 2002, a report was filed with Children and Youth in Cumberland County regarding the suspected abuse of J. S. 4. Audra Hennessey from Cumberland County Social Services for Children and Youth conducted the investigation in the above-matter. 5. At the conclusion of her investigation, Ms. Hennessey determined that the report of abuse was indicated. 6. Petitioner, S. S., subsequently filed an appeal with the Department of Public Welfare to appeal the indicated status. The appeal is docketed at 21-03-468. 7. In light of Petitioner's appeal, a hearing commenced before the Board of Hearings and Appeals Board on February 4, 2004. Petitioner subpoenaed Ms. Cynthia Sniscak, the child's play therapist, to testify and bring with her "all notes, records, correspondence and other documents pertaining to the evaluation of J. S. (SS# 187-78-1560, DOB 4/11/99) in the possession of Cynthia Sniscak and/or Beech Street Enhancement and Play." On the date of the hearing, Ms. Sniscak advised that she had not been served with the subpoena. As a result, Ms. Sniscak did not provide Petitioner with the requested information at the hearing. 10. Ms. Sniscak was personally served with a second copy of the subpoena on February 4, 2004. A copy of the subpoena that was served is attached as "Exhibit A". 11. Ms. Sniscak subsequently testified under oath that she would not comply with Petitioner's subpoena, asserting privilege. 12. Ms. Sniscak further advised Petitioner's counsel and the Hearing Examiner that she would only surrender the documents requested if this Court ordered her to do so. 13. A second heating is currently scheduled for April 7, 2004. 14. It is believed, and therefore averred, that Ms. Sniscak will not comply with Petitioner's subpoena and surrender all the documents requested in time for the next heating. 15. Petitioner has attempted to secure copies of Ms. Sniscak's records through C. B., the child's mother, but has been unsuccessful. A Court Order forcing Ms. Sniscak to surrender these documents is the only avenue available to Petitioner at this time. 16. Without Ms. Sniscak's records, documents, correspondence and notes, Petitioner is unable to properly defend the allegations made against him. 17. Ms. Sniscak's failure to comply with Petitioner's subpoena severely handicaps Petitioner in preparing a defense for the scheduled heating. WHEREFORE, Petitioner respectfully requests this Honorable Court to enforce the subpoena duces tacum upon Ms. Sniscak and mandate that she surrender her notes, records, correspondence and other documents pertaining to the evaluation of J. S. (SS# 187-78-1560, DOB 4/11/99) in the possession of Ms. Sniscak and/or Beech Street Enhancement and Play. DATE: JAMES, SMITH, DIETTERICK & CONNELLY (717) 533-3280 PA I.D. No15615 EXHIBIT "A" COMMON-WEALTH OF PENNSYLVANIA DEPART1VIENT OF PUBLIC WELFARE BUREAU OF HEARINGS AND APPEALS the Matter of: S.S. In re: J.S. Child Abuse Expuncfion CL No. 21-0005748 Docket No:21-03-468 TO: Cynthia Sn/scak, Play Therapist Beech Street Enhancement and Play P.O. Box 613 Boilin¢ Sl~rincs. PA 17007 SUBPOENA You are ORDERED to come to the hearing to be held by the Bureau of Hearings and Appeals located at 2330 Vartan Way, 2"a Floor, Harrisburg, Pennsylvania, at 9:15 a.m., on February 4, 2004, to testify to the truth and give evidence in the above-captioned xuatter, and to remain until excused. AND, bring with you w/thom fail the following: All notes, records, correspondence or other documents pertaihin~ to the evaluation(s) of J.S. (S.S. # 187-78-1560~ dob 4/11/99) in the possession of Cynthia Sniscak and/or Beech Street Enhancement and Play. Upon failure to do so, such penalty as provided in the law shall be imposed. issuedby: John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelty PO Box 650 Hershey, PA 17033 (717) 533-3280 Date: January 2, 2004 BY THE BUREAU OF ~[EARINGS AND APPEALS, DATE: JAN 2 9 S004 REGIONAL MANAGER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INRE: J.S. DOCKET NO: CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, hereby certify that I have served a copy of the foregoing document on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Gary Shuey Cumberland County Social Services for Children and Youth Suite 200, Human Services Building 16 West High Street Carlisle, PA 17013 -2961 Warren Lewis, Division of State Services Department of Public Welfare Office of Children, Youth and Families PO Box 2675 Harrisburg, PA 17105-2675 Ruby D. Weeks, Esquire 10 West High Street Carlisle, PA 17013 Herbert Corky Goldstein, Esquire 204 State Street P.O. Box 10363 Harrisburg, PA 17105-0363 DATE: JAMES, SMITH, DIETTERICK & CONNELLY B t/°hr~' Conn~ly, Jr., Esqu'n:e \ ~ ~,.9~~ 650 [ ) Hershey, PA 17033 ~ (717) 533-3280 PA I.D. No15615 FEB 2 5 2004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INRE: J.S. : DOCKET NO: 0,4-7 / ORDER AND NOW, this ,~ day of February, 2004, IT IS HERBY ORDERED AND DECRE~AT a hearing will be scheduled regarding the foregoing Petition on the da ~ ' 2004at~;O0 o'clock,~__.m, in Court Room Nurnber ~"~ atthe y o~, .... Cumberland County Courthouse Distribution: v/John J. Connelly, Jr., Esquire P.O. Box 650, Hershey, PA 17033 ,,,Gary Shuey, Cumberland County Social Services for Children and Youth ,,,,Warren Lewis, Division of State Services, Department of Public Welfare Office of Children v'l~uby D. Weeks, Esquire ,,/,t-Ierbert Corky Goldstein, Esquire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INRE: J.S. DOCKET NO: 04-781 CIVIL PRAECIPE TO WITHDRAW PETITION TO ENFORCE SUBPOENA TO THE PROTHONOTARY: Please withdraw the Petition to Enforce Subpoena filed on February 23, 2004 in the above- captioned action on behalf of the Petitioner, S.S. Date: ,~ - q- tO 4 JAMES, SMITH, D1ETTERICK & CONNELLY Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INRE: J.S. DOCKET NO: 04-781 CIVIL CERTIFICATE OF SERVICE I, John J. Counelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, attorney for the Petitioner, S.S., hereby certify that I have served a copy of the foregoing Praecipe to Withdraw Petition to Enforce Subpoena on the following on the date and in the manner indicated below: U.S MALL, FIRST CLASS, PRE-PAID Gary Shuey Cumberland County Social Services for Children and Youth Suite 200, Human Services Building 16 West High Street Carlisle, PA 17013-2961 Warren Lewis, Division of State Services Department of Public Welfare Office of Children, Youth and Families PO Box 2675 Harrisburg, PA 17105-2675 Ruby D. Weeks, Esquire 10 West High Street Carlisle, PA 17013 Herbert Corky Goldstein, Esquire 204 State Street P.O. Box 10363 Harrisburg, PA 17105-0363 Date: JAMES, SMITH, DIETTERICK & CONNELLY JqhnJ.~)~ll ~Jr.~r~, squire---~. - ~ Attorney ~okPe [~ioner f P~t Oi~e ~' 650 [ Hers"h'~y, PA 17033 ~ (717) 533-3280 PA I.D. No. 15615