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HomeMy WebLinkAbout02-0233COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LAUREN M. COLELLO (a minor), by and through her custodians, TRACY HILL AND DANIEL HILL, Plaintiffs/Movants WEST SHORE SCHOOL DISTRICT Defendant/Respondents CIVIL ACTION - EQUITY NOTICE TO DEFEND AND CLAIM RIGHTS 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 complaint and notice are served, by entering a written appearance personally or by attorney and 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 complaint 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 COLrNTY BAR ASSOCIATION 2 Liberty Avenue 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 American 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 lease 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LAUREN M. COLELLO (a minor), by and through her guardians, TRACY HILL AND DANIEL HILL, Plaintiffs/Movants WEST SHORE SCHOOL DISTRICT Defendant/Respondent No. 0 -g33 CIVIL ACTION - EQUITY COMPLAINT AND NOW, this 16th day of Janu. ary, 2002, come the Plaintiffs, Tracy Hill and Daniel Hill on behalf of the minor, Lauren M. Colello, by and through their attorneys, The Family Law Clinic, and files this Complaint in support thereof state as follows: 1. Plaintiffs, Tracy Hill and Daniel Hill are adult individuals residing at 125 7th ' Street, New Cumberland, PA 17070. See Affidavit of Tracy Hill, incorporated herein, and attached as Exhibit "A". 2. Lauren M. Colello, age 17, is a minor individual residing at 125 7th Street, New Cumberland, PA 17070. Lauren was born on May 9, 1984 and will be 18 years old in less than four (4) months. 3. Lauren's biological mother, Brenda Lucero, resides at 760 State Street, Lemoyne, PA 17043. Lauren's biological father currently resides at the Salvation Army in Harrisburg, Pennsylvania. 4. Tracy and Daniel Hill are friends ofLauren M. Colello and former friends of Lauren's mother, Brenda Lucero. 5. West Shore School District is a public school district located at 560 Fishing Creek Road, Lewisberry, York County, Pennsylvania 17339. The school district operates schools in both York and Cumberland County. 6. West Shore School District, as a public school district, is subject to the provisions of Pennsylvania School Code, 24 P.S. § 1-101, et seq. 7. Until January 8, 2002, Lauren attended Cedar Cliff High School. Said high school is located within the West Shore School District, in Cumberland County. 8. Lauren has attended schools within the West Shore School District from 2nd grade until January 8, 2002, when her mother withdrew her from school. 9. In December 2002, Brenda Lucero, Lauren's natural mother, told Lauren to leave her home located at 760 State Street, Lemoyne, Pa 17043. 10. On January 8, 2002, Brenda Lucero went to Cedar Cliff High School and withdrew Lauren from school. Cedar Cliff High School informed Lauren that she could not return to school without the permission of her mother or a Court Order. 11. Custodians, Tracy Hill and Daniel Hill completed and filed the West Shore Resident Questionnaire Student Affidavit Admission on behalf of Lauren M. Colello, in an attempt to re-enroll Lauren in school. A tree and correct copy of that document is attached hereto, incorporated herein by reference, and marked Exhibit "B." 12. Brenda Lucero received the affidavit paperwork and refused to sign it. She claimed that Lauren was not kicked out of her home. 13. On January 9, 2002, Tracy Hill received a letter from James L. Carter, Supervisor of Child Accounting and Alternative Programs, informing her that Lauren could not return to school as a result of Brenda Lucero's refusal to cooperate. See Exhibit "C". 14. Section 13-1302 of the Pennsylvania School Code states as follows: 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. 24 P.S. §13-1302 (emphasis added). 15. Tracy and Daniel Hill are supporting Lauren gratis, will assume all personal obligations for Lauren relative to school requirements, and they intend to keep and support Lauren continuously. Therefore, according to § 13-1302 of the Pennsylvania School Code, Lauren M. Colello has the right to attend Cedar Cliff High School in the West Shore School District and should be re-enrolled immediately. See Affidavit of Tracy Hill, attached as Exhibit "D." Mrs. Hill is filing this Affidavit with the West Shore School District concurrently With the filing of this Complaint. 16. Lauren will suffer immediate and irreparable injury and harm if she is not permitted to continue to attend West Shore School District. Finals are scheduled for today, January 16th, 2002, and tomorrow, January 17th, 2002. If Lauren is not able to complete her finals in a timely manner, she will not be able to graduate with her class. Moreover, there is a minimum attendance requirement in order to satisfy school requirements and receive credit for a semester. Lauren is very close to exceeding the maximum number of permissible absences. See Exhibit "A." 17. The West Shore School District, through its Solicitor, Joanne Sommer, Esquire, has informed the Family Law Clinic that it: 1) will not oppose a preliminary injunction requiring the school to re-enroll Lauren Colello; 2) waives any notice of a heating on this matter; and 3) does not plan to participate in any of the proceedings in this matter. See Letter from Joanne D. Sommer, Esquire, incorporated herein and attached as Exhibit "E". 18. There is no adequate remedy at law. WItEREFORE, Plaintiffs respectfully request this Honorable Court to issue an Order directing West Shore School District to re-enroll Lauren M. Colello immediately and for the duration of her high school education, and to grant Tracy and Daniel Hill the right to make all educational decisions on her behalf until she no longer resides in their residence, graduates fxom high school, or tums 18, whichever is sooner. January 16, 2002 Respectfully submitted: Elisabeth L. Rowley Certified Legal Intern THOMAS M. PLACE TERI L. HENNING SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LAUREN M. COLELLO (a minor), by and through her guardians, TRACY HILL AND DANIEL HILL, Plaintiffs/Movants WEST SHORE SCHOOL DISTRICT Defendant/Respondents No, CIVIL ACTION - EQUITY AFFIDAVIT OF TRACY HILL 1. I, Tracy Hill, currently reside at 125 7~ Street, New Cumberland, Pennsylvania. My residence is located within the West Shore School District, and I have lived there since September of 1998. 2. I live with my husband, Daniel Hill, and our son, Warren Hill, born August 19, 1990. 3. On December 29, 2002, Lauren Colello came to reside with my family, after her mother, Brenda Lucero, told her to leave her residence. 4. Since that date, I have spoken to Lauren's step-father, Vince Lucero, who resides with Brenda Lucero. He informed me that they no longer wanted responsibility for Lauren. Brenda Lucero told Lauren that if she does not return home, she will not be able to go to school. Lauren does not want to return to live with her mother. Lauren's biological father currently resides at the Salvation Army in Harrisburg, Pennsylvania. 5. Lauren has lived with me since December 29, 2001, and it is my intention that she continue to live with my family indefinitely. 6. We intend to support her gratis and will assume all personal obligations for her relative to school requirements. 7. On or about January 8, 2002, we were informed that Lauren's mother, Brenda Lucero, withdrew Lauren from school, against Lauren's wishes. 8. At that time, my husband and I completed the West Shore Resident Questionnaire Student Affidavit Admission, which is attached as Exhibit "A" to the Complaint in this matter. 9. West Shore School District subsequently informed me that the district would not allow Lauren to return to school without a Court Order. 10. Lauren's finals are today, January 16, 2002 and tomorrow, January 17, 2002. We have been informed that if she does not complete her course work and return to school as soon as possible, she may not be able to graduate with her class. She is close to exceeding the maximum permissible absences. 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. §4904, relating to unsworn falsification to authorities. Date FILE No.gBg Olxll '02 lo~g ID:WEgT SHORE 9CHL DIgT FA×:717 gg2 l$2B PAGE WEST SHORE SCHOOL DISTRICT WEST SHORE RESIDENT QUESTIONNAIRE STUDENT AFI~IDAVIT ADMISSION (Per u~ under Board Poli~y 202) RECEIVED JAN 0 3 201]? Insituctionl~: Please complete the following questionnaire. If th?, potential new student is living, or will be living, in a household with two (2) adults tha, twlIl assume re..ponsibility for the student, both West Shore residents must complete and sign this questionnaire. Provide the following information tbr the child You are requesting to be enrolled in the West Shore School District, L~t school district attended ~st gra~ a~en&d Date child hogan m~iding, or will begin to reside, in y~r home What wai the child's ~sa immedia~]y prior to moving into your hornet With whom did tho child reaido imn~diat~ly prior to moving lute your home? W~ the ~r=on with whom the child ~sided immCdiamly prior to moving into youg honle reluted to me child? Wha~ h [ho name of t~ sch~l district ~d ,school in which ~he child is presemly, or wis previously ~[~mllcd? Last grade attended, or current grade / School telephone number FILE N0.3¢9 0I./11 '02 10~50 ID:WEST SMORE $OML DIST FAX:717 932 1926 PAGE Addrcss How lu, I8 lmvc you r~ide, d itl the West Shore School Dlstrlcl? t / t. ?y~ cL/?.<) ..... have a spouse, or significant other living at [he gan~ address, the t'ollowing information must tumished for that individual. Spouse.~'s name (or"*"-~. · ' 4. Furnish the following info~nfion ~onCeming ~e ohild'a natural 6. W~y is the child no longer ~iding with one or page 2 of 3 FILE No,~69 01./11 '02 lO:Sl ID:WEST SHORE $CNL DIST FAX:717 932 1926 PAGE 5 Page 3: West Shore Resident Questionnaire Student Affidavit Adml~glon re: Board Policy 202 10. II. 12. 13. 14. 15. 17. 18. Is there currently a support order for thc child which has b~n entered by a court or oth~r paxty? Yes X~. No lfyea, towhomarethopaymcnt~madcm~dir~whatmnouut? Is there currently any agreement th~ h~ been signed by ~ithor parent mluti.~ t~ the support ~0 W;ll claim tb~a c~tld ~ a aopen~nt for ~ta~ ~d redefil [ncom~ ~ pu~os~ for ~ ~ ~ How long will this chikl be resi ing in, the West hore School OiatricO Will ~hB child s~n~ evcni~g~ or wo~ends with on. or ~th pu~n~'? Yes No Will th, is chilld spend hplida~q or w~cations with one or both parents? ~ill ~is child s~nd summer v~ations with one or both p~n~'? A~ you k~p~ng ~hi~ child in yo~r h6m~ tbr ~h~ ~ol~ pu~ o6 hi~or ~en~n~ ~hool in th~ W~s~ Shor~ Sch~)l Di~ricf? Yes ~ No.__~_. Yes ~ No i)4' Yes No ~ Will you assume all personal and legal obligations related to school rcquiren~nts for this child, which may include citations for truancy'? Yes Will you assume the responsibility and obligation for making all educational decisions? Yes ~ No__ (3Ne) grant the West Shore School District officials permission to investigate the intbrmation [ have pre~nted in thin qllemiannaim ,h,y di.~c. Hg.~ing the p.r.~sented information with all appropriate parties, including my employer, as necessary, to ~onrirm the factua/accuracy of my (oqr) statements. COMMONWEALTH OF PENNSYLVANIA ),s.s. eo rv _ Before m~, the undersigned officer, personally appe~ed the above named resident el'the ~chool District, who being duly sworn ~oording to law d~poso~ and says that the set tbnh in the foregoing statements are true and correct. Sworn to and subscribed before me thi,~ Std. day of4anco~.,~4._ .... 204).a- Signature and s~al et' ExecUting Officer ~'"'"¥/z.../L.//.tJ ~. /OZ/.,t?3?' Resident S Sisnd~re ecg:BP Form 11/96 pag~ 3 of 3 FILE No.969 OL.'ll '02 10:49 iD:WEST SHORE SCHL DIST FA×:717 992 1926 West Shore School District $07 Iqshing Creek Road · Lewlsberry, Pennsylvania 1733P.9411 P~GE Excellence in Education... A West Shore Tradition Ms. TracyHill 125 7th St~aet Now0umber]and, Pa 17070 January 09, 2002 Dear Ms. Hill: Th.is letter is to inform you that I have received thn nnrnplotod questionnaire requesting affidavit status for LaUren Colello, Mofl~er, Brenda Lucero, telephoned me a~r she received her affidavi~ paperwork. She claim~ that Lauren was not thrown out of her homo, and refuses to completo the affidavit forms. ~e affidavit issue ~hemtore ceases, as mo~her refuses to ~ooperato. Gr~nting your request under present circumstances would therefbre violate the Ponasylvanie School Code of 1949, as amended. Dr. ,qh~nts File: Affidavits Denied Jame .~arter. Su ~erviso~l~f Child Accounting and A'~ornativo Programs LARRY A, SAYRE 5u~.,eri.h,ndr~! lEAN M. DYSZEL Direct al, cotrespond~r~co to: ~07 Fishing Creek Road · P. O. Box 803 New Cumberland, PA 17070-080] Phone: (717) 9~-9577 · Fax: [71 ?) 938-2779 Afl OQUO{ O~o~l ~nlfy omployer JOHN W. KAMBIC Prestffent a/the ~oard SUZANNI] M, VANOVI~R &'cn,tary t~ the Board COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LAUREN M. COLELLO (a minor), by and through her guardians, TRACY HILL AND DANIEL HILL, Vo Plaintiffs/Movants WEST SHORE SCHOOL DISTRICT Defendant/Respondents No. CIVIL ACTION - EQUITY AFFIDAVIT Date: In accordance with § 13-1302 of the Pennsylvania School Code, I, Tracy Hill, residing at 125 7th Street, New Cumberland, PA 17070, located in the West Shore School District, agree to support Lauren M. Colello gratis, assume all personal obligations for Lauren relative to school requirements, and intend to so keep and support Lauren continuously and not merely through the school term. 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 unsworn falsification to authorities. ff Tracy L. Hill,~laintiff JAN-14-02 14:48 FROM:EASTEURN GRAY ID:2153450174 PAGE 2/21 eASTBURN AND GRAY, P.C. 60 EAS'T cOURT ~"rREET P.O. ~ ! ~ DOYLE~TOWN, PA 18901.4.360 215-34~70Q0 FAX: 21 5-345-0174 W~hN. EASTBU RNGRAY.C O M NEW JERSEY OFFICE 22 NORTH MAIN LAM BER'I'VILLE. NJ ~09-3974a880 FAX: 609-397.2S6S JOANNE D. SOMMER E-MAIL: J.C~OMMEROEA~ I uURNGRAY. COM ARTHUR M. EArl ~URN 1911-197! CHARLES M, MARSHALL 1 ~4-! 97'7 FRANK N. GALI. AGHER WILLIAM H. EA'~ m mURN, III THOMAS f.J, MAcANIIrlr CHARI. F..~ H. DORSP-I] '. JR. JOHN A. VAN L. UVANEE DEREK J. REID'+ JAY H. KARSCH ERIC R, TOlSIN KENNETH R. WI) ! )ZkMS D, RODMAN ~a.S'I'BURN JOANNE [3, E~:3MMER JOHN N. ~CHAEFFER, III JEFFREY L- FINLEY DAVID L- MARE~HALL JANE: E, LEOPOLD-LEVENTHAL GRACE M, DEON° G, MICHAEL CARR* THOMA.~ J. SMITH, III' ANDREVV J, BLADY' ROBERT M. COX WILUAM T. DUDECK OF COUNSEL LEONARD B. SOKOLOVE RET1RED SAMUEL S, GRAY, JR. ARTHUR M. EJL.Wl'BURN, JR, *A~,-O ,4kl~ ~) I [ ~u IN NEW +MANAGING ~qAI~HOL~;~4'NE'W' JER~grY ~nu~ry 14, 200~ VIA EMKtL AND FACSIMILE TO 717-243-3639 Debra Munchel Dickinson Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 Re: Lauren Colello Dear Ms. Muncheh Reference is made to our telephone conversation of January 11, 2002. This will confirm that the West Shore School District has no objection to the entry of either a Temporary Restraining Order or a Preliminary Injunction directing the school district to permit Ms. Colello to attend Cedar Cliff High School until such time as the injunction is dissolved or becomes moot by virtue of this student's graduation. Nay ! suggest that you obtain an Order from the Court that specifically gives Tracy Hill not only legal guardianship but also provides that she is endowed with the right to make all educational decisions on behalf of this student until the student tums 18 or graduates, whichever first occurs. As ! menUoned, the West Shorn School District does not plan to participate in any of the injunction proceedings. Please consider this letter a specif'~: waiver of any objection to the entry of an injunction or temporary restraining order and a waiver of notice of any hearing on an injunction or 'FRO request. Debra Hunchel Dickinson Family Law Clinic ~anuary Z4, 2002 Page Two Once you have obtained either a TRO or injunction, would you kindly provide me with a copy of the documents you filed with the Court, Including the Court Order. You may feel free to provide a copy of the Order to Hr. 3ames Carter at the West Shore School Direct so that the re-enrollment of this student may be completed, as soon as possible. ! will send you a sample Complaint on Monday. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Very truly yours, 3DS:las Enclosures cc: .lames Carter VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S § 4904, I verify that I am a Plaintiff in the present action, and that the facts and statements contained in the Complaint are true and correct, to the best of my knowledge, information and belief. January 16, 2002 rTracy Hill . ' .' JAN I $ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LAUREN M. COLELLO (a minor), by and through her guardians, TRACY HILL AND DANIEL HILL, Plaintiffs/Movants WEST SHORE SCHOOL DISTRICT Defendant/Respondents CIVIL ACTION - EQUITY ORDER AND NOW, this I ~, ~'' day of January, 2002, upon consideration of Plaintiff's Motion for Preliminary Injunction, it appears that immediate relief is necessary and therefore, it is hereby ordered that: 1. Plaintiff's Motion is granted such that West Shore School District is directed to re-enroll Lauren M. Colello immediately pending further hearing of this Court. 2. Tracy and Daniel Hill shall have the right to make all educational decisions on behalf of Lauren M. Colello until the minor no longer resides in their residence, turns 18, or graduates from high school, whichever occurs first. Plaintiffs shall serve this Order, the Motion for Preliminary Injunction, and the Complaint in this matter on the Defendants, as well as on Lauren Colello's biological mother, Brenda Lucero, in any manner permissible under Pa.R.C.P. 400etseq. ~q~'l poa,~., ~j,4.,,;j ~ 1~ ~,~-,t 0~ ~;~ ~ BY THE CO~T: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LAUREN M. COLELLO (a minor), by and through her guardians, TRACY HILL AND DANIEL HILL, PlaintiffsfMovants WEST SHORE SCHOOL DISTRICT Defendant/Respondents No. CIVIL ACTION - EQUITY MOTION FOR PRELIMINARY INJUNCTION PURSUANT TO Pa. ILC.P. 1531 AND NOW, this 16th day of January, 2002, come the Plaintiffs, Tracy Hill and Daniel Hill on behalf of the minor~ Lauren M. Colello, by and through their attorneys, The Family Law Clinic, and moves this Court as follows: 1. Plaintiffs incorporate their Complaint in this matter, filed concurrently with this Motion for Preliminary Injunction. 2. On or about December 29, 2001, Lauren M. Colello was told to leave her home at 760 State Street, Lemoyne, PA 17043, by her natural mother, Brenda Lucero. This address is located within the West Shore School District. 3. On December 29, 2001, Lauren began residing with Tracy and Daniel Hill at 125 7th Street, New Cumberland, PA 17070. This address is also located in the West Shore School District. See Affidavit of Tracy Hill, incorporated herein, and attached as Exhibit "A". 4. On January 8, 2002, Brenda Lucero went to Cedar CliffHigh School and withdrew Lauren from school. Cedar Cliff High School informed Lauren that she could not return to school without the permission of her mother or a Court Order. Id. 5. Tracy Hill and Daniel Hill completed and filed the West Shore Resident Questionnaire Student Affidavit Admission on behalf of Lauren M. Colello, in an attempt to re-enroll Lauren in school. A true and correct copy of that document is attached hereto, incorporated herein by reference, and marked Exhibit "B." 6. Lauren's mother, Brenda Lucero, received the affidavit paperwork and refused to sign it. She denied that Lauren was kicked out of her home. See January 9, 2002 letter from James L. Carter to Tracy Hill, incorporated herein and attached as Exhibit "C". 7. On or about January 9, 2002, Tracy Hill received a letter from James L. Carter, Supervisor of Child Accounting and Alternative Programs, informing her that Lauren could not return to school because of Brenda Lucero's refusal to cooperate. Id. 8. As a result, Lauren M. Colello is currently not receiving an education. 9. 24 P.S. §13-1302 provides as follows: 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 thai 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). 10. Lauren M. Colello, who is now in the twelfth grade, is a resident of the West Shore School District. 11. Lauren M. Colello will suffer immediate and irreparable harm if an injunction is not granted. 12. Unless enjoined, the actions of Defendant will result in further harm to Lauren M. Colello and her development and education. Lauren is scheduled to take finals today, Wednesday, January 16th, and tomorrow, January 17th, 2002. If she does not take her finals and complete her coursework, she may not be able to graduate with her class. Moreover, she will not receive credit for the semester and/or school year if she does not return to school soon, as she is close to exceeding the maximum number of permissible absences. See Exhibit "A". 13. The West Shore School District, through its Solicitor, Joanne Sommer, Esquire, has informed the Family Law Clinic that it: 1) will not oppose a preliminary injunction requiring the school to re-enroll Lauren Colello; 2) waives any notice of a heating on this matter; and 3) does not plan to participate in any of the proceedings in this matter. See Letter from Joarme D. Sommer, Esquire, incorporated herein and attached as Exhibit "D". 14. The Movants are likely to succeed on the merits of their claim. 15. There is no adequate remedy at law. WHEREFORE, Plaintiffs, Tracy Hill and Daniel Hill, on behalf of the minor child, Lauren M. Colello, request that this Court issue a preliminary injunction directing the Defendant to re-enroll Lauren M. Colello in the West Shore School District immediately and granting them the ability to make all educational decisions on her behalf until she no longer resides in their residence, turns 18, or graduates from high school, whichever comes first. January 16, 2002 Respectfully submitted: e L. Rowley Certified Legal Intern THOMAS M. PLACE TERI L. HENNING SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LAUREN M. COLELLO (a minor), by and through her guardians, TRACY HILL AND DANIEL HILL, Plaintiffs/Movants WEST SHORE SCHOOL DISTRICT Defendant/Respondents No. CIVIL ACTION - EQUITY AFFIDAVIT OF TRACY HILL 1. I, Tracy Hill, currently reside at 125 7~ Street, New Cumberland, Pennsylvania. My residence is located within the West Shore School District, and I have lived there since September of 1998. 2. I live with my husband, Daniel Hill, and our son, Warren Hill, born August 19, 1990. 3. On December 29, 2002, Lauren Colello came to reside with my family, after her mother, Brenda Lucero, told her to leave her residence. 4. Since that date, I have spoken to Lauren's step-father, Vince Lucero, who resides with Brenda Lucero. He informed me that they no longer wanted responsibility for Lanren. Brenda Lucero told Lauren that if she does not return home, she will not be able to go to school. Lauren does not want to return to live with her mother. Lauren's biological father currently resides at the Salvation Army in Harrisburg, Pennsylvania. 5. Lauren has lived with me since December 29, 2001, and it is my intention that she continue to live with my family indefinitely. 6. We intend to support her gratis and will assume all personal obligations for her relative to school requirements. 7. On or about January 8, 2002, we were informed that Lauren's mother, Brenda Lucero, withdrew Lauren from school, against Lauren's wishes. 8. At that time, my husband and I completed the West Shore Resident Questionnaire Student Affidavit Admission, which is attached as Exhibit "A" to the Complaint in this matter. 9. West Shore School District subsequently informed me that the district would not allow Lauren to return to school without a Court Order. 10. Lauren's finals are today, January 16, 2002 and tomorrow, January 17, 2002. We have been informed that if she does not complete her course work and return to school as soon as possible, she may not be able to graduate with her class. She is close to exceeding the maximum permissible absences. 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. §4904, relating to unsworn falsification to authorities. Date FILE No.~69 01./11 '02 10:49 ID:WEST SNORE $CNL DIST FA×:717 9~2 1826 PAGE WEST SHORR SCHOOL DISTRICT WEST SHORE RESIDENT QUESTIONNAIRE STUDENT AFFIDAVIT ADMISSION (Per u~o under Board Polivy 202) RECEIVED Instructions: Please complelc the followin8 qucsti?,~naire. If thc potent/al new student is living, or will Oe living, in a houseAold with two (2) 'adults tha. t will assume responsibility t'or the student, both West Shore residents must complete and sign this questionnaire, Provide the following int'ormation for the child you are requesting to be enrolled in the West Shore School District. ~at gra~ a~n~d ~ Date child began m.,~iding, ~- will begin to reside, in your home If you are related ~o ~he child, stat~ the relationship What was the child's address immediately prior to moving; into your home? With whom did tho child reside immediately prior to moving intu your hum=? W~ the ~rson with whom the child mslded illlm=diut~ly prior lo moving l~to yo~r home related to lbo child? Yes~ No ,., Ifyes, stammo~lationship ~t)'t')t-t,~ ..... What is the name of lhe sch~i district ~d school in which lhe child is presently, or was previously Last gr~e attended, or currant grade School telephone number ]l ~/-~.-7 ?)~~ ~ .~t~ page FILE No.369 Ol.tll '02 lO:SO ID:WE~T SWORE $CML DI~T FAX:717 932 1826 PAGE Shore He~tdent Questionnaire ~;¢udent Affidavit Admission re: Dom'~ Policy 202 How lu~lii have yuu rcMdexl iu ~e West Shor~ School District'/ ~ ] t, ~'£ O,l f~'~) . 3, IF'you have a spouse, or significant other living at the aa~ add.ss, the followiag ina)~mion must be l'umished for that individual. Pl~e ot'employ~nt ~: C. ~ ~ C ~o 4, Furnish ~e following info~afion eonoeming ~e ahild's natural mo~r. ~ .... I-'-' ' '- Place of employment ~ork fei. numher~ t~ ' ~ ~, !c~~ geh~l digtfiet of m~idene~' ~ ''~ * ~ ~ ~)O.~,..ff.~ ....... ~. Why ia the child residing in your home? ( [er' /'Y~c~"~.L~, ~;c~d<7~ ~'t.P.2t 6. why is the child ~ lonser ~idin$ with one or both paints? .~.{¢ F f Y~')"t Jct./'} ' ~' 7, Will th~ Child's ~ats ~oatfibule Io tho ohild'a ~uppoa ~hil~ h~ or sh~ ia li~in$ ia your ho~? No ~ . O, WDO Wilt ~ p~v{Qifl$ ~ I~$UF~C~ rot this child'? c oV Work t~l. number ]-] page 2 of 3 FILE No.38g 01/11 '02 10:51 ID:WEST SHORE SCHL DIST FA×:717 g~2 1826 PAGE 5 Pago 3: Wast Shore Resident Que;tionnalre Student Aflldavtt Admbsion re: Board Policy 202 9, I~ there currently a suppor~ order for thc child which haz been cnm'~d by ~ cour~ or mira' p~ty? 10. [~ them currently any ~m~mcnt th~ h~ been si~ncd by tither parent r~l~tin~ t~ tim ~upport of this 12. How long will th,s child ~ residing m the West Sho= School D,stnct. l.{ 0'~{f ..[3~ ~ . I 3. Will thi~ child spend eveniEgs or we~endt with one or ~th parents? Yes No 14. Will this chil~ s~nd holida~f or vt~ations with one or both parent? Yes No I ~. Will this child s~nd summer vacations with o~ or both p~n~? Yes __ No 16. Am you k~ping this child in your b~me tbr the sole pu~se of hi~her attuning school in the West Shore School District? Yes ~ No 17. Will you &ssume al~ pemonal ~d leg~ obligations relamd to requirements for th~s child, which may inclu~ citations for t~ancy? Yes 18. Will you assume the responsibility and obligation for making all educational decisions? Yes ~ No . [ (W'e) grant the West Shore School District officials permission to investigate the information [ have pm.~ented in thi.~ qllentionnaim hy cli.~c,.~.~ing the presented inforn~ation with all appropriat~ partie~, including my employer, aa necessary, to confirm the factualaccuracy of my (our) statements. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) me, the undersigned officer, personally appeared the above named resident bi'the ~ Before School District, who being duly sworn acoording"" to law" deposes and says that the set fbrth in the foregoing statements m'e true and correct, N~DTARIALSEAt ' ' I LANA A, _McG-EA_RY, N~.ta~l Pual~ I Hill Boro0 uumber~and Oou~ty I My C _off~l~ign F.~pi~s Dee, R, ~ ~ Sworn to and subsc~bed before me this ~gN.. day of t~..,u~.~ ...... 20~ ~. SiSnatur~ and acal of Exerting Of Hcor Resident's $ign~(~re .............. ecg:BP Form I 1/96 page 3 of 3 FILE No.969 01..'11 '02 10:49 ID:WEST SNORE SCML DIST FA×:?1? 992 1826 We [ Shore School District $071~iehlng Creek Roacl * Lewlsberry, Pennsylvania 17339-9411 PAGE Excellence in Edncation . , . A West Shore Tradition January 09, 9002 Ms. Tracy Hill 126 7th St.v,et Now 0umberland, Pa 17070 Dear Ms. Hill: This ]otter is to inform you that I have received the aompletod questionnaire requesting affidavit status for Lauren Colello. Mother, Brenda Lucero, telephoned me after she received her affidavit paperwork. She claims that Lauren was not ~hrown out of her homo, and refuses to complete the affidavit forms. The affidavit issue therefore ceases, as mother refuses to ooopera~o. Granting your request under prosen~ circumstances would therefbre violate the Pennsylvania School Code of 1949, as amends& Dr. ,qhaats File: Affidavits Denied Supervi~o-'~f 0~ild Ac¢oantirtg LARRY A. SAYRE .~upt'ri.trmtcut JEAN M. DYSZEL t,', k~hll t -~lq;l'l'ill/¢lldt'tll Direst al' corresponetonc~ 507 Fi$l~lng Creek Road · P. O. ~ox 805 New Cumberland, PA I Phone: (717)9~-9577, Fax: (71 ~.w~d. k i 2.~.u$ AFl equal O~odl ~n/ty employer JOHN W. KAMBIC President of tl~e ~oard SUZANNE M, VANOVI~R Secreta~! tl~ the l~.ard EASTBURN AND GRAY, P.C. 60 ~ COURT b"FREET P.O, BOX ! DOYLESTOV~, PA 18901,4350 21 FAX: 21EK~4BO 174 . ~NVW. EAb-TBU RNGRAY.COM NEW JERSEY OFFICE 22, NORTH MAIN ~ nEET LAMB~-~-VILLE. NJ C~I~I0 609-397,8880 FAX: 609-:397-2865 JOANNE O. SOMMER E-MAiL: JSOMMER~F.A~ I ~URNGRAY. COM ID:21B34B0174 ARTHUR M. EArl ~URN 1 gl 1,1971 CHARLES M, MARSHAL [ ! 9~4-197'7 FRANK N, GALLAGHER THOMA~ F,J. MAGANIFF JOHN A. VAN LUVANEE JAy H. KARSCH KENNETH R, W!! ! !A. MS JOANNE D, E~,3MMER JEFFREY L- ~INLEY JANE E. LEOPOLD-LEVENTHAL G, MICHAEL CARR' ANDREW J. I~LADY' W1LLIAM T, DUDECK WILLJAM H. EASTBURN, III CHARL.E~ H. DOI~,ETT, JR. DEREK J, ERIC R, TOSIN D, RODMAN EA~ r~JRN JOHN N. ~:~HAEPT'ER, III DAVID L ~ALL GRACE M. DEON* THOMA~ J, SM~H, ROBERT M. COX OF COUNSEL LEONARD B. SOKOLOV£ RETIRED SAMUEL S, GRAY, JR. ARTHUR M. EA~TBURN, JR, 3anuary 14, 2002 2/21 VZA EMA~L AND FACSIMILE TC~ 717-243-3639 Debts Munchel · Dickinson Family Law Oink: 45 N. Rtt Street Cadisle, PA 17013 Dear Ms. Muncheh Reference is made m our telephone conversation of 3anuary :ti, 2002. This will confirm that the West Shore School DistriCt has no objection to the entry of either a Temporary Restraining Order or a Preliminary InJunction directing the school district b3 permit Ms. Colello to att~d Cedar Cliff High School until such time as the injunction is dissolved or becomes moot by virtue of this stuclent's graduation. May I suggest that you obtain an Order from the Court that specifically gives Tracy Hill not only legal guardianship but also provides that she is endowed with the right to make all educational decisions on behalf of this student until the student tums 18 or graduates, whichever first occurs. As I mentioned, the West Shore School District does not plan to participate in any of the injunction proceedings. Please consider this letter a specif',: waiver of any objection to the enby of an Injunction or temporary restraining order and a waiver of notice of any hearing on an Injunction or TR0 request. Debra Munchel Dickinson Family Law Clinic .lanuary 1,t, 2002 Page Two Once you have obtained either a TRO or inJuncUon, would you kindly provide me with a cow of the documents you filed with the Court, Including the Court Order. You may feel free to provide a copy of the Order to Hr..~ames Carter at the West Shore School Direct so that the re-enrollment of this student may be completed, as soon as possible. I will send you a sample Complaint on Honday. Should you have any questions or wish to discuss this matter further, please do not hesitate to co~tact me. Vay truly youm, 3DS:las Enclosures cc: 3ames Carter VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa.C.S § 4904, I verify that I am a Plaintiff in the present action, and that the facts and statements contained in the Motion are tree and correct, to the best of my knowledge, information and belief. January 16, 2002 [Tracy Hill / eASTbUrN aND GRAY, P.C. 60 FAST cOURT ~FREET P.O. BOX 13~9 DOYLES'TOWN, PA 18901-4350 215-34~7OQ0 FAX: 2153450174 , WWW. EAb-TBU RNG RAY.CO M NEW JERSEY OFFICE 22, NORTH MAIN ~i .RET LAMBERq'VILLE. NJ OEll:L30 609-~97.8880 FAX: 609,397.2fl65 JC)ANN~' ~. SOMMER E-MAIL J~iOMMEROF-A~ J uURNGRAY. COM ARTHUR M. EA~ I uURN 1911.197 ! CHARLES M, MARSHALL 1964-1977 FRANK N, GALLAGHER WILUAM H. EAal e~URN, III THOMA~ F,J, MAGANIFF CHARL.E~ H, DORS~ l-l; JR. JOHN A, VAN LUVANEE DEREK J. REID*+ JAy H. KARSCH ERIC R, TOBIN KENNETH R. W!) ! )~.MS D, RODMAN EA..fl'TBURN JOANNE D, E~OMMER JOHN N. SCHAEFFER, Ill JEFFRE~ L- FINLEY DAVID L MAREdflALL JANE E, L~OPOLD-L.E'VENTHAL GRACE M, DEON* G, MICHAEL CARE' THOMAS J, I;Mrl'H, II1' ANDREW J, BI.ADY' ROI~I='RT M. COX WlLUAM T, DUDECK OF COUNSEL LEONARD B. 5OKOI-OVE RET1RED SAMUEL S, GRAY. JR. ARTHUR M. EA~TBURN, JR, 'lld.~ ~11 Ir.u I~l N~'W J~TM +MANAGING SHARL~HO~E'W' Jli~R~lk-V 3anuary 3.4, 2002 V~A EMA~L AND FACSIMILE Td 717-243-3S:':39 Debra Munchel Diddnson Family Law Clinic 45 N. Pitt Street CarlYle, PA 17O13 Dear Ms. Muncheh Reference is made to our telephone conversation of ]anuary 11, 2002. This will confirm that the West Shore School DistriCt has no objeaJon to the entry of either a Temporary Restraining Order or a Preliminary [nJuncUon directing the school district to permit Ms. Colello to attend Cedar Cliff High School until such time as the injunction is dissolved or becomes moot by virtue of this student's graduation. May ! suggest that you obtain an Order from the Court that specifically gives Tracy Hill not only legal guardianship but also provides that she is endowed with the right to make all educational decisions on behalf of this student until the student tums 18 or graduates, whichever first occurs. As I menUoned, the West Shore School DisLtict does not plan to participate in any Of the injunction proceedings. Please consider this letter a specific waiver of any obJection to the entry of an injunction or temporary restraining order and a waiver of notice of any hearing on an Injunction or TEO request. JAN-14-O2 14~49 FROM~EASTBURN GRAY ID:2153450174 PAGE 3/21 Debra Munchel Dickinson Family Law Clinic .lanuary 14, 2002 Page Two Once you have obtained either a TRO or irrjuncUon, would you kindly provide me with a copy of the documents you filed wii~-~ the Court, Including the Court Order. You may feel free to provide a copy of the Order to Mr..lames Carter at the West Shore School Direct so that the re-enrollment of this student may be completed, as soon as possible. will send you a sample Complaint on Monday. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Very truly yours, ,IDS:las Enclosures o:: ~ames Carter LAUREN M. COLELLO (a minor), : by and through her guardians,: TR3kCY HILL AND DANIEL HILL, : Plaintiffs/Movants : WEST SHORE SCHOOL DISTRICT, : Defendant/Respondents : agreement IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-233 EQUITY TERM CIVIL ACTION - EQUITY ORDER OF COURT AND NOW, this 22nd day of January, 2002, by of the parties, the preliminary injunction issued by Judge Hess shall be made permanent upon the following terms and conditions: 1. Plaintiffs' motion is granted such that the West Shore School District is directed to re-enroll and allow the continued enrollment of Lauren M. Colello. 2. The natural mother, Brenda S. Lucero, along with Tracy and Daniel Hill, shall have the right to jointly make all educational decisions on behalf of Lauren M. Colello until the minor no longer resides in the Hill residence or turns 18 or graduates from high school, whichever occurs first. Provided, however, that the decision which school to attend shall rest with the Hills alone so long as the child resides with them, is under the age of 18, and is still in high school. 3. Provided, however, the Hills shall be the primary contact of the West Shore School District with regard to educational matters and they shall immediately notify mother of any such contact. Provided, further, that the West Shore School District shall release any and all information regarding the student to Brenda S. Lucero upon her request. In the event that a bond is required, the parties have indicated that they waive the requirement therefor. Edward E. Guido, J. ~Teri Henning, Esquire Elisabeth L. Rowley, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorneys for Plaintiffs/Movants ~/Anthony N. Thomas, Esquire 3111 North Front Street Harrisburg, PA 17110 Attorney for Natural Mother srs