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HomeMy WebLinkAbout95-01581 ~ --0 t VJ ;;9 d c & , d ~ ~ J , '-'- .;:,:~~~},;'o: " ':','1'\< - co Lf) -....;.:.- - ;,. Theresa Barrett Male Supreme Court 146439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, . . Plaintiff . . . . v. . . CHRISTOPHER SNYDER, . . MARIE SNYDER, and NORA FOSTER, . . . . Defendants : NO. 9~-.I5'fI Civil Term 1995 CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Steven Arena, residing at R.D. #6, Box 66 B, York, York County, Pennsylvania 17404. 2. The defendants are Christopher and Marie Snyder, residing at 114 South 2nd Street, Wormleysburg, Cumberland County, Pennsyl- vania 17043 and Nora Foster, whose last known address was the 1200 block of Main street, Oberlin, Dauphin County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Residence Age 10 Christine Marie Foster (DOB: 12/18/84) 114 South 2nd Street Wormleysburg, PA The child was born out of wedlock. The child presently is in the custody of defendants Christo- pher and Marie Snyder, who reside at 114 South 2nd Street, Wormleysburg, Cumberland County, Pennsylvania 17043. Plaintiff believes and therefore avers that during the past five years, the child has resided with the following persons at the following addresses: Name Christopher Snyder Marie Snyder & Steven Anthony Arena Address 114 2nd street Wormleysburg, PA Date 6/94 to Present Nora Foster a female roommate, Jesse Jesse's husband and two children, Nora's baby Unknown Oberlin, PA 1991-6/94 The mother of the child is Nora Foster, whose last known address was the 1200 block of Main street, Oberlin, PA. She is single. The father of the child is Steven Arena, currently residing at R.D. #6, Box 66 B, York, York County, Pennsylvania 17404. He is married. 4. The relationship of plaintiff to the child is that of The plaintiff currently resides with the following father. persons: Betty Myers and her two children, Jamie Myers and Clinton Myers. 5. The relationship of defendants Christopher and Marie Snyder to the child is that of maternal step-grandfather and maternal grandmother. The defendants currently reside with the following persons: Steven Anthony Arena (no relation to plaintiff) and the subject child. 2 The relationship of defendant Nora Foster to the child is that of mother. The defendant currently resides with the following persons: Nora's baby (name unknown); a female roommate named Jesse; Jesse's husband (name unknown); and Jesse's two children (names unknown). 6. plaintiff has not participated as a party or witness, or in another capacity, in litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: N/A. Plaintiff has no information of a custody proceeding concern- ing the child pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: N/A. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: N/A. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) plaintiff desires to and is capable of providing a stable and secure family environment for the child; b) the child's mother recently was picked up by the Harrisburg Police Department and charged with prostitution; and c) Defendants Christopher and Marie Snyder have been unable to enroll the child in the West Shore School District. concurrently with this custody complaint, Plaintiff is filing an 3 Theresa Barrett Male Supreme Court 146439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff/Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, : Plaintiff/Petitioner . . . . v. . . : CHRISTOPHER SNYDER, MARIE SNYDER and . . NORA FOSTER, . . . . Defendants/Respondents . . NO. Civil Term 1995 CIVIL ACTION - CUSTODY ORDER GRANTING PLAINTIFF'S APPLICATION FOR SPECIAL RELI~ AND NOW, upon consideration of plaintiff's application for special relief, this Court ORDERS and DECREES as follows: 1. Pursuant to Pa. R.C.P. 1915.13, the court awards plaintiff custody of Christine Marie Foster pending further order of court. 2. Within ten (10) days of the date of this order, Defendant Nora Foster is directed to produce at the offices of plaintiff's counsel the child's birth certificate, or alternatively, to execute the Commonwealth of Pennsylvania Application for Certified Copy of Birth Record. 3. Within five (5) days of the date of this order, Defen- dants Christopher and Marie Snyder are directed to produce at the offices of plaintiff's d's birth certificate, or I PLAINTIFF'S EXHIBIT A 3. Beginning in September 1994, Defendant Marie Snyder transported the child to school in the Steelton-Highspire School District. 4. In or around February 1995, Defendant Marie Snyder's car was repossessed and she was unable to continue transporting the child to the Steelton school. 5. On or about March 3, 1995, Defendant Marie Snyder gave to Plaintiff "Parent Questionnaire" which the West Shore School District requires parents to complete in order to enroll children in that district. A true and correct copy of the questionnaire is attached as Exhibit "B". 6. Following a telephone conference with the school district's attorneys, Plaintiff's counsel forwarded his reply to the questionnaire to counsel on March 14, 1995. A true and correct copy of the letter is attached as Exhibit "C". 7. By letter dated March 16, 1995, the school district's counsel advised Plaintiff's counsel that the child was ineligible for enrollment. A true and correct copy of the letter is attached as Exhibit "D". a. The child has not attended school since sometime in February 1995. 9. Plaintiff believes and therefore avers that he can enroll the child in the Spring Grove School District in which he resides but requires her school and immunization records and her birth certificate in order to do so. 2 10. Title 22 of the Pennsylvania Code of Regulations entitles parents to secure certain categories of school data upon written request by the parent and/or upon court order. 22 Pa. Code S 12.33 at Exhibit A. 11. Plaintiff has attempted to secure his daughter's birth certificate but was advised by the Commonwealth's Vital Records Office staff that it will release it only to the child's mother. 12. On March 10, 1995, the child's mother was arrested by undercover officers of the Harrisburg Police Department and charged with prostitution. 13. Plaintiff believes and therefore avers that the condi- tions in the Snyder home are not those which would serve the child's best interests. , 14. This court has authority pursuant to Rule of Civil Procedure 1915. 13 to award temporary custody of the child to plaintiff. 42 Pa.C.S.A. S 1915.13 (Purdon 1987). See also Choplosky v. Choplosky, 400 Pa. Super. 590, 584 A.2d 340 (1990) (even absent modification petition, court may modify custody order if temporary modification will preserve children's well-being while resolution of more permanent custody decision is pending). WHEREFORE, Plaintiff respectfully requests this court to enter a temporary order: a. granting him custody of Christine Marie Foster pending further order of court; 3 b. directing Defendant Nora Foster to provide the child's birth certificate, or alternatively, to execute the Commonwealth of Pennsylvania Application for Certified Copy of Birth Record; c. directing Defendants Christopher and Marie Snyder to produce the child's birth certificate, or alternatively, a copy of the birth certificate; d. authorizing plaintiff, pursuant to 22 Pa. Code S 12.33, to secure copies of the child's Category "A", "B" and "C" school data and records necessary to enroll her in the Spring Grove School District. In the alternative, plaintiff requests thG court to enter an order prohibiting Defendants Christopher and Marie Snyder from , relocating the child or transferring custody of the child pending further order of court. Respectfully submitted, L ,;:8-M-aC /?i~ _ Theresa Barrett Male, Esquire Supreme Court # 46439 20 North Market Sq. - Suite 500 Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorney for Plaintiff/Petitioner Date: $\'Z'l'f\5 4 Theresa Barrett Male Supreme Court #46439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, . . Plaintiff . . : v. . . : CHRISTOPHER SNYDER, . . MARIE SNYDER and . . NORA FOSTER, . . Defendants . . NO. Civil Term 1995 CIVIL ACTION - CUSTODY ORDER OF COURT , AND NOW, this day of consideration of the attached Complaint for Custody, it is the parties and their respective counsel appear before , Esquire, the Conciliator, , 1995, upon hereby directed that at his office, on the day of , 1995, m. for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. For the Court, Date of Order: By: Custody Conciliator 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 Cumberland County Courthouse - 4th Floor 1 Courthouse Avenue Carlisle, PA 17013-3387 717 240-6200 rPLAlNTlFF'S .., '!~' ~EXHIBIT"".' . ,..I ." .... .. ,. -fit' I .l}~:"~"1~;~"' :.. . "_"'),~,A:..')~. Theresa Barrett Male Supreme Court 146439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, Plaintiff . . . . v. CHRISTOPHER SNYDER, MARIE SNYDER, and NORA FOSTER, NO. . . Civil Term 1995 . . . . . . Defendants . . CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY . . 1. The plaintiff is Steven Arena, residing at R.D. #6, Box 66 B, York, York County, Pennsylvania 17404. 2. The defendants are Christopher and Marie Snyder, residing at 114 South 2nd Street, Wormleysburg, Cumberland County, Pennsyl- vania 17043 and Nora Foster, whose last known address was the 1200 block of Main Street, Oberlin, Dauphin County, Pennsylvania. 3. Plaintiff seeks custody of the fOllowing child: Name Present Residence Age 10 Christine Marie Foster (DOB: 12/18/84) 114 South 2nd Street Wormleysburg, PA The child was born out of wedlock. The child presently is in the custody of defendants Christo- pher and Marie Snyder, who reside at 114 South 2nd Street, Wormleysburg, Cumberland County, Pennsylvania 17043. Plaintiff believes and therefore avers that during the past five years, the child has resided with the following persons at the following addresses: Name Christopher Snyder Marie Snyder & steven Anthony Arena Address 114 2nd Street Wormleysburg, PA Date 6/94 to Present Nora Foster a female roommate, Jesse Jesse's husband and two children, Nora's baby Unknown Oberlin, PA 1991-6/94 The mother of the child is Nora Foster, whose last known address was the 1200 block of Main Street, Oberlin, PA. She is single. The father of the child is steven Arena, currently resiaing at R.D. #6, Box 66 B, York, York County, Pennsylvania 17404. He is married. 4. The relationship of plaintiff to the child is that of The plaintiff currently resides with the following father. persons: Betty Myers and her two children, Jamie Myers and Clinton Myers. 5. The relationship of defendants Christopher and Marie Snyder to the child is that of maternal step-grandfather and maternal grandmother. The defendants currently reside with the following persons: steven Anthony Arena (no relation to plaintiff) and the subject child. 2 The relationship of defendant Nora Foster to the child is that of mother. The defendant currently resides with the following persons: Nora's baby (name unknown); a female roommate named Jesse; Jesse's husband (name unknown); and Jesse's two children (names unknown) . 6. Plaintiff has not participated as a party or witness, or in another capacity, in litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: N/A. Plaintiff has no information of a custody proceeding concern- ing the child pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: N/A. " Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: N/A. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) plaintiff desires to and is capable of providing a stable and secure family environment for the child; b) the child's mother recently was picked up by the Harrisburg Police Department and charged with prostitution; and c) Defendants Christopher and Marie Snyder have been unable to enroll the child in the West Shore School District. Concurrently with this custody complaint, Plaintiff is filing an 3 ~ f. ,I' r'....' /~ ". We~. Shore School Disi. .ct 3/-jf'..J- 507 Fishing Creek Road . Lewisoerry, Pennsylvania '7339.94" Excellence ill Educatioll . . . A West Shore TraditiOIl PARENT QUESTIONNAIRE /l~'I'c. ,5.y""-< has contacted tl)e West Sh.or~ School District seeking admission for your child C'''''''':>/''''~ /--c>$/'r'~ to attend school in the West Shore School District. Your child's proposed new address is //~..5 5e~n/ ..r/-n--T .ti.;J",,,,~:>~~.# . /7."'.] You must complete the following form and return it immediately to the Office 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 No . . 2. Do you have legal guardianship or legal custody for this child? Yes No 3 . Please provide your security number, last the school's telephone birth, social attended and child's full name, date of school district and school number. Child's Full Name Birth Date Social Security Number School District School Attended School's Telephone Number -",.;., 1~,,,,I,('....r-< RE'nIlIN 'lQ: LARRY A. SA \'IlE Direct S.pmnJ'n.UnJ 507 Fishln tlPLAlNTIFF'S /, ,',EXHIBIT- . t. New C I ~,~~~"",,,.,",.)\"7 p~' r1l~ .....1~_~~ ez, A'l"l'fKW<<:E SUPERVIOOR e 0: IIARRY L, MESSICK , Box 803 P,t.SultnJ 01'''' OOlJld 0-0803 77 II. II. FINKEI.STON VA VIIl E, FRANTZ Statl,J/'11O 'M 8()U,11 Amrfc.W SU{'tt",un.lt'nJ PArent Questionnaire Page 3 10. Will your child spend eveningli or weekends with you? Yes No 11. Will your child spend vacations or summers with you? Yes No 12. Are you presently financially supporting your child? $ Per Month or Per Week 13. will you provide financial support for your child when he or she resides in the West Shore School District? $ Per Month or per Week 14. Are you providing clothing or other items for your child? Yes No , 15. ~~q claimed your child as a dependent for state and federal income tax purposes last year? 16. Who will claim your child as a dependent for federal income tax purposes for the current year? (This information will be reported to the Internal Revenue Service.) 17. Is there presently in existence any support order entered by a court or any written agreement concerning the support of your child? Yes No If yes, please answer the following questions: Who pays support? Support amount? To whom is the support being paid? THERESA BARRETT MALE COIJN~1.I0"At LAW 10 Snulft MAfUU.:t SQUAHI . 511I11 500 H^",u<;,uJUc., Pr:NNC,VIVANI^ 17101 (717) 233,3220 FAX (717) 233.6662 March 14, 1995 Nancy McCann, Esquire Steele & Hoffman 422 Frick Building pittsburgh, PA 17219 Re: steven Arena, Natural Father ot Christine Marie Foster (DOB: 12/18/84 Dear Ms. McCann: This will confirm our telephone conversation yesterday regarding my client, steven Arena and his daughter, Christine Marie Foster. As I advised you, Christine's mother, Nora Foster, placed her privately last summer with Ms. Foster's mother, Marie Snyder, who resides with her husband Christopher at 114 South 2nd street, Wormleysburg, Pennsylvania 17043. It is my understanding that Marie Snyder transported the child to and from the Steelton School District in which the child had been enrolled prior to the 1994-95 schoot year. Approximately 4-6 weeks ago, Ms. Snyder lost the use of her vehicle, and now has initiated efforts to enroll the child in the West Shore School District. I have enclosed a copy of the five-page parent questionnaire which Mr. Arena received and was directed to complete and return to the district in order to allow Christine to be enrolled. As I indicated to you yesterday, my client does not have sufficient information available to complete the questionnaire. Mr. Arena does want the child enrolled in the district, however, for the completion of the 1994-95 school year. The following represents our best efforts to comply with the requested information: 1. Foster. Yes, Mr. Arena is the natural father of Christine Marie 2. To the best of Mr. Arena's knowledge, information and belief, there are no custody orders in place, nor has Nora Foster signed any guardianship papers for or on behalf of her mother, Marie Snyder. 3. The child's full name is date of birth is December 18, 1984. School District. Christine Marie Foster and her She last attended the Steelton LAlNT1FF'S; '~;' ~~~~J,'~ ~~ " .,.,., ~ .. Nancy McCann, Esquire Page 2 March 14, 1995 4. Mr. Arena is unaware of the mechanism by which Marie snyder withdrew the child from the Steel ton School District. 5. full-time Arena. The child has not resided with Mr. Arena on any type of basis; however, she does spend time on weekends with Mr. 6. See the answer to ! 5 above. 7. Not applicable. 8. Christine Marie Foster is residing in the West Shore School District because her mother, Nora Foster, privately arranged the child's placement with the maternal grandmother, Marie Snyder. 9. Not applicable. 10. The child does spend time outside of school with Mr. Arena. 11. See the answer to , 10. 12. Mr. Arena provides support for the child when she is in his custody, care and control. , , 13. See the answer to ! 12. 14. See the answer to , 12. 15. This information is unknown to Mr. Arena. 16. See the answer to , 15. 17. The Dauphin County Court of Common Pleas entered a support order in 1989 directing Mr. Arena to pay support to Nora Foster, the child's mother. That support order is currently under review based on the child's living circumstances at present. 18. Mr. Arena does not have any information regarding this question. 19. Mr. Arena desires the child to complete the 1994-95 school year in the West Shore School District. 20. Mr. Arena currently resides at R.D. 6, Box 66-B, York, pennsyl vania 17404. He is employed at Brandon Systems Corporation. Any further inquiries regarding Mr. Arena should be directed to counsel. 21. See the answer to ! 20. Udl lUt Uo) 'u. aU "1\" .. a. .u. '.., I' .llt...I,I, ~ "''', ........ .-..... . ._-~- STEELE &.. HOFFMAN NANCY A. McCANN A'nOIHIY IJI.AW 4U 1'\Ue( IIUIUllNO PI'lT8IIUIlOH. PIlNNlYINANIA Inlt 'IlIlII'II0NI(4U/ 16104411 . rACSIIoIItI14IIj16I.a1l March 16. 1995 H"'..-1JIO 107l1OU111mBr Il......J..1ID, 11I.17101 17m_un ~.17I71IJJo_ IIUCICI ClXINl1' U7 L ftn1t 1ITIlIIIII',IUrn 110 QIIAIlIIlTOWII, '^' 1.,,1 (JU) IJI.JUO II'tIllCIUI (JIS)~" 1beresaBarreuMalc, Esquire 10 SouthMarla:t Square Suite 500 Harrimutg. PA 17107 BE: Christine Marie Foster Dear MJ. Male: Based on the answers provided to me in your 1etter ofMarcl114, 1995, the West Shan: SdIooI District has detennined that Christine Foster is not eligible for admission to the Distric:t. Mr. Arena has responded that the child spends time with him on weda:nds, that be provides , support fur the child at times, &lid that Mr. Arena plans that the child complete the school year in the District. Such answers suggest that Miss Fosters grandmother docs not "lccc:p and support the child continuously" and that Mr. Arena int"""s that the cbiId leave the District at the eud oldie school year. In order to be eligible for ,rlmi'lSion to the District, die child DDISt live with the 8I"'Mmntber coDtinuously and not just for the school term. 'Recause the application 8CIIt to me wu \IIlSigned, die District does not intend to treat it as a fbrmal application fur o1fmi"-'lion &lid thus a formal denial will not be issued. If your client wishes to have a fbrmal response from the District, he sbouId file a signed copy orbis affidavit cIirectly with the District. If you have any questions about this matter, please give me a can. srr r.}1: .. l!cC (~L /1/)!/ /~ I , Nancy A Mi:Caun ' NAM:dmb cc: Dr. Daniel Sheats, Director of Pupil Senices Jttn~~~~~'~AAI/l1 . S1EElE~ TE: 3>--/~ ~ PHONE. (412) 281~1I AX'~ ~1-4511 HTS C!fJ' fW ' j ~ ~ lJ") en ~>- ~ ~ ~ - or. S ::c ~ .-. .~ a .... ...; _-:E ", .',,' u' .". :>- In l:.t". c " .. ,...-.r., C() r:l . :1 .~> r '. ~ i':.r co ,,; fU;~ ...... "",,;, .' i'\ "" ::J .t "" ~ = C> ' ~ . 0 ~~: ~ ~:5J.! ::: w!C~ .. !!~;~I < " CD Ul 0 Q)... w cn..~ a: .1'4 ... W 0"11I i!: ~1Il:C .. ". '- ~ ., . 3. Beginning in September 1994, Defendant Marie Snyder transported the child to school in the Steelton-Highspire School District. 4. In or around February 1995, Defendant Marie Snyder I scar was repossessed and she was unable to continue transporting the child to the Steel ton school. 5. On or about March 3, 1995, Defendant Marie Snyder gave to Plaintiff "Parent Questionnaire" which the West Shore School District requires parents to complete in order to enroll children in that district. A true and correct copy of the questionnaire is attached as Exhibit "B". 6. Following a telephone conference with the school district's attorneys, Plaintiff's counsel forwarded his reply to the questionnaire to counsel on March 14, 1995. A true and correct copy of the letter is attached as Exhibit "C". 7. By letter dated March 16, 1995, the school district's counsel advised Plaintiff's counsel that the child was ineligible for enrollment. A true and correct copy of the letter is attached as Exhibit "D". 8. The child has not attended school since sometime in February 1995. 9. Plaintiff believes and therefore avers that he can enroll the child in the spring Grove School District in which he resides but requires her school and immunization records and her birth certificate in order to do so. 2 10. Title 22 of the pennsylvania Code of Regulations entitles parents to secure certain categories of school data upon written request by the parent and/or upon court order. 22 Pa. Code S 12.33 at Exhibit A. 11. plaintiff has attempted to secure his daughter's birth certificate but was advised by the commonwealth's Vital Records Office staff that it will release it only to the child's mother. 12. On March 10, 1995, the child's mother was arrested by undercover officers of the Harrisburg police Department and charged with prostitution. 13. plaintiff believes and therefore avers that the condi- tions in the snyder home are not those which would serve the child's best interests. 14. This court has authority pursuant to Rule of civil Procedure 1915.13 to award temporary custody of the child to plaintiff. 42 Pa.C.S.A. S 1915.13 (purdon 1987). See also Choplosky v. Choplosky, 400 Pa. Super. 590, 584 A.2d 340 (1990) (even absent modification petition, court may modify custody order if temporary modification will preserve children I s well-being while resolution of more permanent custody decision is pending). WHEREFORE, Plaintiff respectfully requests this court to enter a temporary order: a. granting him custody of Christine Marie Foster pending further order of court; 3 Theresa Barrett Male Supreme Court 146439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, Plaintiff : v. NO. Civil Term 1995 CHRISTOPHER SNYDER, MARIE SNYDER and NORA FOSTER, . . Defendants CIVIL ACTION - CUSTODY ORDER OF COURT , , AND NOW, this day of consideration of the attached Complaint for Custody, it is the parties and their respective counsel appear before , Esquire, the Conciliator, , 1995, upon hereby directed that at his office, _____ on the _____ day of , 1995, m. for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. For the Court, -Date of Order. By. Custody Conciliator 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 Cumberland County Courthouse - 4th Floor 1 Courthouse Avenue Carlisle, PA 17013-3387 717 240-6200 Plaintiff believes and therefore avers that during the past five years, the child has resided with the following persons at the following addresses: Name Christopher Snyder Marie Snyder & Steven Anthony Arena Address 114 2nd street Wormleysburg, PA Date 6/94 to Present Nora Foster a female roommate, Jesse Jesse's husband and two children, Nora's baby Unknown Oberlin, PA 1991-6/94 The mother of the child is Nora Foster, whose last known address was the 1200 block of Main street, Oberlin, PA. She is single. The father of the child is Steven Arena, currently residing at . R.D. #6, Box 66 B, York, York County, Pennsylvania 17404. He is married. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Betty Myers and her two children, Jamie Myers and Clinton Myers. 5. The relationship of defendants Christopher and Marie Snyder to the child is that of maternal step-grandfather and maternal grandmother. The defendants currently reside with the following persons: Steven Anthony Arena (no relation to plaintiff) and the subject child. 2 The relationship of defendant Nora Foster to the child is that of mother. The defendant currently resides with the following persons: Nora's baby (name unknown); a female roommate named Jesse; Jesse's husband (name unknown); and Jesse's two children (names unknown) . 6. Plaintiff has not participated as a party or witness, or in another capacity, in litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: N/A. Plaintiff has no information of a custody proceeding concern- ing the child pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: N/A. . Piaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: N/A. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) plaintiff desires to and is capable of providing a stable and secure family environment for the child; b) the child's mother recently was picked up by the Harrisburg Police Department and charged with prostitution; and c) Defendants Christopher and Marie Snyder have been unable to enroll the child in the West Shore school District. Concurrently with this custody complaint, Plaintiff is filing an 3 application for special relief pursuant to Pa. R.C.P. 1915.13, a true and correct copy of which is attached as Exhibit "A". 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: N/A. WHEREFORE, plaintiff requests the court to grant him custody of the child. . i' A /J ~7- /. .,' v ~ 1'-J2.,( u.7.( ~- Theresa Barrett Male, Esquire Suprome Court I 46439 10 South Market Sq. - suite 500 Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorney For Plaintiff Date: ~f'l/'1..(" 4 It, It. FINK ELSTON ASSUTant SupUlfu'fI4lrnl Parent Questionnaire 4. Has the'student been formally withdrawn from school? Page 2 Yes No Provide exact date 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 No If your answer is yes, please provide the dates. 6. When did the child first leave your home? Date 7. Since leaving your home, please provide the address of his or her temporary residence(s), person or persons with whom the child has lived and the dates of each temporary residence. .. A. Head of Household Address Dates B. Head of Household Address Dates 8. Is your child currently residing in West Shore your child may get a better education in the District than in the school district where you because you West Shore reside? believe School Yes No 9. Why has your child left your home? Parent Questionnaire Page 3 10. Will your ch ild spend evenings or weekends with you? Yes No 11- Will your child spend vacations or summers with you? Yes No 12. Are you presently financially supporting your child? $ Per Month or Per Week 13. Will you provide financial support for your child when he or she resides in the West Shore School District? $ Per Month or per Week 14. Are you providing clothing or other items for your child? Yes No 15. h~o claimed your child as a dependent for state and federal income . . tax purposes last year? 16. Who will claim your child as a dependent for federal income tax purposes for the current year? (This information will be reported to the Internal Revenue Service.) 17. Is there presently in existence any support order entered by a court or any written agreement concerning the support of your child? Yes No If yes, please answer the following questions: Who pays support? Support amount? To whom is the support being paid? Parent Questionnaire I grant the West Shore School District investigate the information I have presented discussing the presented information with all necessary, to confirm the factual accuracy. Yes No Page 5 officials permission in this questionnaire appropriate parties, to by as COMMONWEALTH OF PENNSYLVANIA) ) SSe COUNTY OF ) Before me, the undersigned officer, resident of the being duly sworn according to law deposes and says the foregoing statements are true and correct. personally appeared the above named School District, who that the set forth in " Sworn to and subscribed before me this day of , 19___. Signature and seal of Executing Officer DWS:vch affid 04-08-92 Parent signature Parent Signature THERESA BARRETT MALE ClIlIN'.IIC>I' AI LAW . . 10 SOU1fi MAUKl.:l SUUAfH . SUllI 500 H^HHI',IlIJIHI, Pr.NN...VlVANIA 17101 (7"') 233.3220 FAX (7"') 233.6862 March 14, 1995 Nancy McCann, Esquire Steele & Hoffman 422 Frick Building pittsburgh, PA 17219 Re: steven Arena, Natural Father of Christine Marie Foster (DOB: 12/18/84 Dear Ms. McCann: This will confirm our telephone conversation yesterday regarding my client, steven Arena and his daughter, Christine Marie Foster. As I advised you, Christine's mother, Nora Foster, placed her privately last summer with Ms. Foster's mother, Marie Snyder, who resides with her husband Christopher at 114 South 2nd street, wormleysburg, Pennsylvania 17043. It is my understanding that Marie Snyder transported the child to and from the Steelton School District in which the child had been enrolled prior to the 1994-95 schootyear. Approximately 4-6 weeks ago, Ms. Snyder lost the use of her vehicle, and now has initiated efforts to enroll the child in the West Shore School District. I have enclosed a copy of the five-page parent questionnaire which Mr. Arena received and was directed to complete and return to the district in order to allow Christine to be enrolled. As I indicated to you yesterday, my client does not have sufficient information available to complete the questionnaire. Mr. Arena does want the chi ld enrolled in the district, however, for the completion of the 1994-95 school year. The following represents our best efforts to comply with the requested information: 1- Foster. Yes, Mr. Arena is the natural father of Christine Marie 2. To the best of Mr. Arena's knowledge, information and belief, there are no custody orders in place, nor has Nora Foster signed any guardianship papers for or on behalf of her mother, Marie Snyder. 3. The child's full name is date of birth is December 18, 1984. School District. Christine Marie Foster and her She last attended the Steelton Nancy McCann, Esquire Page 2 March 14, 1995 4. Mr. Arena is unaware of the mechanism by which Marie Snyder withdrew the child from the Steel ton School District. 5. full-time Arena. The child has not resided with Mr. Arena on any type of basis; however, she does spend time on weekends with Mr. 6. See the answer to ! 5 above. 7. Not applicable. 8. Christine Marie Foster is residing in the West Shore School District because her mother, Nora Foster, privately arranged the child's placement with the maternal grandmother, Marie Snyder. 9. Not applicable. 10. The child does spend time outside of school with Mr. Arena. 11. See the answer to ! 10. 12. Mr. Arena provides support for the child when she is in his custody, care and control. " 13. See the answer to ! 12. 14. See the answer to ! 12. 15. This information is unknown to Mr. Arena. 16. See the answer to ! 15. 17. The Dauphin County Court of Common Pleas entered a support order in 1989 directing Mr. Arena to pay support to Nora Foster, the child's mother. That support order is currently under review based on the child's living circumstances at present. 18. Mr. Arena does not have any information regarding this question. 19. Mr. Arena desires the child to complete the 1994-95 school year in the West Shore School District. 20. Mr. Arena currently resides at R.D. 6, Box 66-B, York, Pennsylvania 17404. He is employed at Brandon systems Corporation. Any further inquiries regarding Mr. Arena should be directed to counse 1. 21. See the answer to , 20. . - ~ ....-" :' -! ..... THI!RESA BARRETI' MALE COUN_~ATUl,."" 10SOUTH MARKETSQUARI! SUITI! BOO HARRISBURG,PA 17101 i ii\ # 11AR281995 ).t../ ;: " ~. If ~i ~_ : ,; Ala, ',', " I, " "j\'lr i:u':' , ... ..t 1 r"; .::JiJ :( .\,,, _L! , ".,'1;) '.: 10 5&. UJ LO E EI UdV > No. _________________ Tem1. 19______ ------------------------------- VI. ----------------------------------------- PRAECIPE F"~ed ___________________________ 19._____ __________________________________, ,~lry. ----------------------------------------- BATURIN & BATURIN 717 North Second Street Harrisburg, PA 17102 (717)234-2427 ," . . "_.- --- ... ..... . ",," _. . -.- ... Theresa Barrett Hale Supreme Court #46439 10 South Harket Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For plaintiff/Petitioner . , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, Plaintiff/petitionsr . . v. . . CHRISTOPHER SNYDER, MARIE SNYDER and NORA FOSTER, . . . . : Defendants/Respondents NO. 95-1581 civil Term CIVIL ACTION - CUSTODY M ORDER AND NOW, APril~' 1995, upon consideration of plaintiff's application for special relief in the nature of an order confirming custody, the court awards plaintiff primary physical custody of Christine Marie Foster pending the conciliation conference scheduled for May 9, 1995 pursuant to Pa. R.C.P. 1915.13. BY THE COURT: offer '-., .~ , " ~ .., i::; c.v ... <:> ... ..:::.: ~ c...r; J. .. , . Defendant Marie Snyder, abused her after receiving notice from the oourt of the date and time for the conciliation conference. 4. As a result of the abuse, Plaintiff has taken custody of the child for her protection. 5. This court has scheduled a conciliation conference for May 9, 1995 at 4:00 p.m. at the offices of Samuel L. Andes, Esquire. 6. Cumberland County Children & Youth Services is currently investigating the abuse allegations. 7. To date, Plaintiff's counsel has not been able to secure a current address for Defendant Nora Foster, despite contacting the following authorities: 1) Dauphin County Clerk of Courts; 2) Dauphin County criminal Investigation Division; 3) Harrisburg City Police Records Department; and 4) the Steelton Post Office. 8. Plaintiff has enrolled his daughter in Thomasville Elementary School in the spring Grove School District. 9. This court has authority pursuant to Rule of Civil Procedure 1915.13 to award temporary custody of the child to plaintiff. 42 Pa.C.S.A. S 1915.13 (Purdon 1987). See also Choplosky v. Choplosky, 400 Pa. Super. 590, 584 A.2d 340 (1990) (even absent modification petition, court may modify custody order if temporary modification will preserve children's well-being while resolution of more permanent custody decision is pending). WHEREFORE, Plaintiff respectfully requests this court to enter an order granting him primary physical custody of Christine Marie 2 " , . Theresa Barrett Male Supreme Court 146439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff/Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, Plaintiff/Petitioner . . : v. Civil Term 1995 NO. CHRISTOPHER SNYDER, MARIE SNYDER and NORA FOSTER, . . . . . . . . Defendants/Respondents : CIVIL ACTION - CUSTODY PLAINTIFF'S APPLICATION FOR SPECIAL RELIEF Pursuant to Pennsylvania Rule of civil Procedure 1915.13, Plaintiff Steven Arena, by his attorney Theresa Barrett Male, presents this Application For Special Relief as follows: 1. Plaintiff files this application concurrently with his complaint seeking custody of his daughter Christine Marie Foster (DOB: 12/18/84). A true and correct copy of the complaint for custody is attached as Exhibit "A". 2. In or around June, 1994, Defendant Nora Foster, natural mother of Christine Foster, relinquished physical custody of the child to Defendants Christopher and Marie Snyder, the child's maternal stepgrandfather and maternal grandmother, respectively. , PLAINTIFF'S EXHIBIT A . " . 3. Beginning in September 1994, Defendant Marie Snyder transported the child to school in the Steelton-Highspire School District. 4. In or around February 1995, Defendant Marie Snyder's car was repossessed and she was unable to continue transporting the child to the Steel ton school. 5. On or about March 3, 1995, Defendant Marie Snyder gave to Plaintiff "Parent Questionnaire" which the West Shore School District requires parents to complete in order to enroll children in that district. A true and correct copy of the questionnaire is attached as Exhibit "B". 6. Following a telephone conference with the school district's attorneys, Plaintiff's counsel forwarded his reply to the questionnaire to counsel on March 14, 1995. A true and correct copy of the letter is attached as Exhibit "C". 7. By letter dated March 16, 1995, the school district's counsel advised Plaintiff's counsel that the child was ineligible for enrollment. A true and correct copy of the letter is attached as Exhibit "0". 8. The child has not attended school since sometime in February 1995. 9. Plaintiff believes and therefore avers that he can enroll the child in the Spring Grove school District in which he resides but requires her school and immunization records and her birth certificate in order to do so, 2 .. .. . 10. Title 22 of the Pennsylvania Code of Regulations entitles parents to secure certain categories of school data upon written request by the parent and/or upon court order. 22 Pa. Code S 12.33 at Exhibit A. 11. Plaintiff has attempted to secure his daughter's birth certificate but was advised by the Commonwealth's Vital Records Office staff that it will release it only to the child's mother. 12. On March 10, 1995, the child's mother was arrested by undercover officers of the Harrisburg Police Department and charged with prostitution. 13. Plaintiff believes and therefore avers that the condi- tions in the Snyder home are not those which would serve the child's best interests. 14. This court has authority pursuant to Rule of civil Procedure 1915. 13 to award temporary custody of the child to plaintiff. 42 Pa.C.S.A. S 1915.13 (Purdon 1987). See also Choplosky v. Choplosky, 400 Pa. Super. 590, 584 A.2d 340 (1990) (even absent modification petition, court may modify custody order if temporary modification will preserve children's well-being while resolution of more permanent custody decision is pending). WHEREFORE, Plaintiff respectfully requests this court to enter a temporary order: a. granting him custody of Christine Marie Foster pending further order of court; 3 . . Theresa Barrett Male Supreme Court 146439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff I, I , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, Plaintiff V. NO. Civil Term 1995 CHRISTOPHER SNYDER, MARIE SNYDER and NORA FOSTER, Defendants CIVIL ACTION - CUSTODY ORDER OF COURT , AND NOW, this day of consideration of the attached Complalnt for Custody, it is the parties and their respective counsel appear before , Esquire, the Conciliator, , 1995, upon hereby directed that at his office, on the day of , 1995, m. for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in disputel or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may also be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. For the Court, Date of Orderr By: Custody Conciliator 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 Admlnistrator Cumberland County Courthouse - 4th Floor 1 Courthouse Avenue Carlisle, PA 17013-3387 717 240-6200 '. Theresa Barrett Male Supreme Court #46439 10 south Market Square Suite 500 Harrisburg, PA 17101 (717) 23:S-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, Plaintiff : : v. CHRISTOPHER SNYDER, MARIE SNYDER, and NORA FOSTER, NO. Civil Term 1995 : . . Defendants . . CIVIL ACTION - CUSTODY COMPL~INT FOR CUSTODY , 1. The plaintiff is Steven Arena, residing at R.D. /6, Box 66 B, York, York County, Pennsylvania 17404. 2. The defendants are Christopher and Marie Snyder, residing at 114 South 2nd Street, Wormleysburg, Cumberland County, Pennsyl- vania 17043 and Nora Foster, whose last known address was the 1200 block of Main street, Oberlin, Dauphin County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Residence Age 10 Chriotine Marie Foster (DOB: 12/18/84) 114 South 2nd Street Wormleysburg, PA The child was born out of wedlock. The child presently is in the custody of defendants Christo- pher and Marie Snyder, who reside at 114 South 2nd street, Wormleysburg, Cumberland County, Pennsylvania 17043. 'c.,>,,\'\ "..:....;.' '. Plaintiff believes and therefore avers that during the past five years, the child has resided with the following persons at the following addresses: Name Christopher Snyder Marie Snyder & steven Anthony Arena Address 114 2nd Street Wormleysburg, PA Date 6/94 to Present Nora Foster a female roommate, Jesse Jesse's husband and two children, Nora's baby Unknown Oberlin, PA 1991-6/94 The mother of the child is Nora Foster, whose last known address was the 1200 block of Main Street, Oberlin, PA. She is single. The father of the child is Steven Arena, currently residing at R.D. #6, Box 66 B, York, York County, Pennsylvania 17404. He is married. 4. The relationship of plaintiff to the child is that of The plaintiff currently resides with the following father. persons: Betty Myers and her two children, Jamie Myers and Clinton Myers. 5. The relationship of defendants Christopher and Marie Snyder to the child is that of maternal step-grandfather and maternal grandmother. The defendants currently reside with the following persons: Steven Anthony Arena (no relation to plaintiff) and the subject child. 2 , The relationship of defendant Nora Foster to the child is that of mother. The defendant currently resides with the following persons: Nora's baby (name unknown); a female roommate named Jesse; Jesse's husband (name unknown); and Jesse's two children (names unknown). 6. Plaintiff has not participated as a party or witness, or in another capacity, in litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: N/A. Plaintiff has no information of a custody proceeding concern- ing the child pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: N/A. , Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have 'custody or visitation rights with respect to the child. The name and address of such person is: N/A. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) plaintiff desires to and is capable of providing a stable and secure family environment for the child; b) the child's mother recently was picked up by the Harrisburg Police Department and charged with prostitution; and c) Defendants Christopher and Marie Snyder have been unable to enroll the child in the West Shore School District. Concurrently with this custody complaint, Plaintiff is filing an 3 . application for special relief pursuant to Pa. R.C.P. 1915.13, a true and correct copy of which is attached as Exhibit "A". 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the i \ " I. child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: N/A. WHEREFORE, plaintiff requests the court to grant him custody of the child. 11:1'-~A-UZt ~ Theresa Barrett Male, Esquire supreme Court # 46439 10 South Market Sq. - suite 500 Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorney For Plaintiff Date: ~f'llf~ 4 . ' ,...-. . . I~ ....- ...... . , . We~. Shore School DisL.cf 3/jlf'J- 507 Fishing Creek Road . Lewisberry, Pennsylvania 17339-9411 Excellence in Education. , . A West Shore Tradition PARENT QUESTIONNAIRE "9'7.?,,,e, ,5.y~,(, has contacted tl)e West mtore School District seeking admission for your child ct"".:>;><".."", /-"U/{.~ to attend school in the West Shore School District. Your child's proposed new address is //1/..s 5e~... nI' ...r/..........,.. ~L:J.,~,..~,. ~,P.# . /;'dt'.1 You must complete the following form and return it immediately to the Office 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 No . 2. Do you have legal guardianship or legal custody for this child? Yes No 3. Please provide your child's full name, date of birth, social security number, last school district and school attended and the school's telephone number. Child's Full Name Birth Date Social Security Number School District School Attended School's Telephone NUmber -r..'.... /3..,.,1,,..,,,,.-<. RETUllN 'lQ: LARRY A. SA YRE Direct S"ptfU1ltndL", 507 Flshln NewC Ph tlR. III1U -. - ez. ~ SUPERVIOOR e 0: IIARRY L. MESSICK . Box 803 Prt.ndtll/ of 1M Bo<vd 0-0803 77 II. II. HNKE\.STON DAV\[) E. FRANTZ Stcrelar'! 101M BOdfd A.HISlanI Supuln]il1il,.,aJ Parent Questionnaire page 2 4. Has the student been formally withdrawn from school? Yes No Provide exact date 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 No If your answer is yes, please provide the dates. 6. When did the child first leave your home? Date 7. Since leaving your home, please provide the address of his or her temporary residence(s), person or persons with whom the child has lived and the dates of each temporary residence. A. Head of Household Address . . Dates B. Head of Household Address Dates 8. Is your child currently residing in West Shore your child may get a better education in the District than in the school district where you because you West Shore reside? believe School Yes No 9. Why has your child left your home? .' . Parent Questionnaire paqe 3 10, Will your child spend evenings or weekends with you? Yes No 11. will your child spend vacations or summers with you? Yes No 12. Are you presently financially supporting your child? $ Per Month or Per Week 13. will you provide financial support for your child when he or she resides in the West Shore School District? $ Per Month or per Week 14. Are you providing clothing or other items for your child? Yes No 15. h~q claimed your child as a dependent for state and federal income tax purposes last year? 16. Who will claim your child as a dependent for federal income tax purposes for the current year? (This information will be reported to the Internal Revenue service.) 17. Is there presently in existence any support order entered by a court or any written agreement concerning the support of your child? Yes No If yes, please answer the following questions: Who pays support? Support amount? To whom is the support being paid? Parent Questionnaire I grant the West Shore School District investigate the information I have presented discussing the presented information with all necessary, to confirm the factual accuracy. Yes No Page 5 officials permission in this questionnaire appropriate parties, to by as COMMONWEALTH OF PENNSYLVANIA) ) SSe COUNTY OF ) Before me, the undersigned officer, resident of the being duly sworn according to law deposes and says the foregoing statements are true and correct. personally appeared the above named School District, who that the set forth in . Sworn to and subscribed before me this day of , 19___ '. . . Signature and seal of Executing Officer DWS:vch affid 04-08-92 Parent Signature Parent Signature THERESA BARRETT MALE COUNSELOR AT LAW 10 SoutH MARKET 5QUARI: . SUl1l. 500 HAHUISnUnc., PENNsvLVANIA 17101 (717) 233-3220 FAX (717) 233-6862 March 14, 1995 Nancy McCann, Esquire Steele & Hoffman 422 Frick Building pittsburgh, PA 17219 Re: steven Arena, Natural Father of Christine Marie Foster (DOB: 12/18/84 Dear Ms. McCann: This will confirm our telephone conversation yesterday regarding my client, steven Arena and his daughter, Christine Marie Foster. As I advised you, Christine's mother, Nora Foster, placed her privately last summer with Ms. Foster's mother, Marie Snyder, who resides with her husband Christopher at 114 South 2nd Street, Wormleysburg , Pennsylvania 17043. It is my under.standing that Marie Snyder transported the child to and from the Steel ton School District in which the child had been enrolled prior to the 1994-95 schoot year. Approximately 4-6 weeks ago, Ms. Snyder lost the use of her vehicle, and now has initiated efforts to enroll the child in the West Shore School District, "I have enclosed a copy of the five-page parent questionnaire which Mr. Arena received and was directed to complete and return to the district in order to allow Christine to be enrolled. As I indicated to you yesterday, my client does not have sufficient information available to complete the questionnaire. Mr. Arena does want the child enrolled in the district, however, for the completion of the 1994-95 school year. The following represents our best efforts to comply with the requested information: l. Foster. Yes, Mr. Arena is the natural father of Christine Marie 2. To the best of Mr. Arena's knowledge, information and belief, there are no custody orders in place, nor has Nora Foster signed any guardianship papers for or on behalf of her mother, Marie snyder. 3. The child's full name is date of birth is December 18, 1984. School District, Christine Marie Foster and her She last attended the Steel ton ,. Nancy MCCann, Esquire Page 2 March 14, 1995 4. Mr. Arena is unaware of the mechanism by which Marie Snyder withdrew the child from the Stee1ton School District. 5. fUll-time Arena. The child has not resided with Mr. Arena on any type of basis; however, she does spend time on weekends with Mr. 6. See the answer to ! 5 above. 7. Not applicable. 8. Christine Marie Foster is residing in the West Shore School District because her mother, Nora Foster, privately arranged the child's placement with the maternal grandmother, Marie Snyder. 9. Not applicable. 10. The child does spend time outside of school with Mr. Arena. 11. See the answer to ! 10. 12. Mr. Arena provides support for the child when she is in his custody, care and control. . 13. See the answer to ! 12. 14. See the answer to ! 12. 15. This information is unknown to Mr. Arena. 16. See the answer to ! 15. 17. The Dauphin County Court of Common Pleas entered a support order in 1989 directing Mr. Arena to pay support to Nora Foster, the child's mother. That support order is currently under review based on the child's living circumstances at present. 18. Mr. Arena does not have any information regarding this question. 19. Mr. Arena desires the child to complete the 1994-95 school year in the West Shore School District. 20. Mr. Arena currently resides at R.D. 6, Box 66-B, York, Pennsylvania 17404. He is employed at Brandon Systems Corporation. Any further inquiries regarding Mr, Arena should be directed to counseL 21, See the answer to , 20, , . " . Nancy McCann, Esquire Page 3 March 14, 1995 22. The child's natural mother is Nora Foster, whose last- known whereabouts was the 1200 block of Main street in Oberlin, Pennsylvania. 23. The child currently resides with Marie Snyder, the child's maternal grandmother at 114 South 2nd Street, Wormleysburg, Pennsylvania 17043 and Ms. Snyder's husband. Per our conversation, I am directing this information to you via fax. Please advise at your earliest convenience as to the district's decision on the child's school placement. As I indicated, my client is concerned that the child continues to be out of school and desires to have this matter resolved as soon as possible for her benefit. Thank you for your assistance in this regard. Sl: .Lsa B~~ TBM/sca Enclokure cc: Steven Arena Via Fax - Hard Copy to Follow v.... ..... .... . .... ,. - -~. ..... l" ..... -.... ._,-- ....~- . .. STEELE &.. HOFFMAN NANCY A. McCANN ATI'OIIlU IilI.AW ~ I'Il1at IlUIUllNO PITI1IIUIlOIL PllNNmNAMA ml' '11II.IPIIONI (4u/ UI04411 . I\\CSIMIIJI (4111 U.-4S II ..,........ 1071OU1111nDl' 1WlJI_1IIJ, 11I.17101 17171 m.un ft\CIJ)'II, (7171 an._ BUCIlI CXXlNlY U1..1VTH ITJRI'. currJlIIO QUAIlIiIlI'OWN.III. ..,,1 (liS) __ I\\CliDCIl I (11S) ~.' Mard116, 1995 'Iberasa Barrett Male, Esquire 10 SouthMarbt Square Suite SOO Harrisbwg,PA 17107 RB: Christine Marie p~ Dear Ma. Male: Based on the 8I\SWCI1I provided to me in your 1ettec ofMarch 14, 1995, the West Shore SdIooI District has determined that Christine Poster is DOt eligible tor Rtlml...lon to the DIstrict.. Mr, Arena has responded that the child speads time with him on weekends, that he provides support fur the child at times, 8Dd that Mr, Arena plana that the cbild c:omp\ctc the school year in the Dislrict. SJK'hanswers suggest that Miss Foster's grm!mothcr does DOt ''keep Illd aupport the child c:ontimJousIy" and that Mr, Arena intt-nd. that the child leave the District at the cud of the school year, In order to be eligible tor Rtlmi..;on to the District, the child nmst '. ,,-' 1ivewith the grandmother cootinuously 8Dd not just tbrthe achool term. Because tho application IICIlt to me was WI-'liSJ'ed. the District does not intend to treat it II a inmal applic:ation tor RtImi.oion and thus a fbnnal deoiaJ. will not be issued. ICyour cIieat wishes to have a fbrmaI response from the District, he should file a signed copy orhis affidavit directly with the District. , ICyou have any questions about this matter, please give me a call. .t~'i7)IJ~ Nancy A MCCann . NAMdmb cc: Dr. Danid SheaIs, Director of Pupil 5cmces &~~~~:-:bA"hf1 . STEEU!~' TE: 3>-'~ ~ PHONEa 14121281....11 ~.~ ~1.u1l HTS C!.(J I fW . " , . " , alternatively, a copy of the birth certificate. 4. Pursuant to 22 Pa. Code S 12.33, plaintiff is authorized to secure copies of the child's Category "A", "B" and "C" school data and records necessary to enroll her in the Spring Grove School District. In the alternative, Defendants Christopher and Marie Snyder are enjoined from relocating the child or transferring custody of the child to anyone other than plaintiff pending further order of court. BY THE COURT: ~(.,. ICjqS- I,d Y\~...~ C. ~ J. . .......... ,', TRUE C":'P'.' F;~"\~ RECORD In Trs';,~ '~',' iI r' ,". !; 'U"'~ set my hand ill,d the ~.ill oi sa:d (OJI: al (arli,le. Pa. This ...t..!f. dilY ofap;;.g..., 19....1..? --~~'..:.p~~~..,-- 2 t I , . , I , " I . PROOP OP SBRVICB I hereby certify that I am this day serving a copy of the foregoing application for special relief upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Via First-Class Mail Addressed as Follows: Monika E. Baturin, Esquire Baturin v. Baturin 717 North Second Street Harrisburg, PA 17102-3202 Attorneys for Defendants Snyder Nora Foster c/o Mr. & Mrs. Christopher snyder 114 South Second street Wormleysburg, PA 17043 Dated: April 12, 1995 fke~tV&tult"~ Theresa Barrett Male, Esquire Supreme Court # 46439 10 South Market Sq. - Suite 500 Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorney for Plaintiff ~ ~~: E l= ~~ ::: We'" ~~2'J ~ <~ 0'"' ~ I~ ~ B en ::I III W 0 QJ.rf a: "'....... !!! o.~ ~ ~ "Ul:I: ,. . It ,to .. Theresa Barrett Male Supreme Court #46439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, Plaintiff v, NO. 95-1581 Civil Term CHRISTOPHER SNYDER, MARIE SNYDER and NORA FOSTER, Defendants CIVIL ACTION - CUSTODY VERIFICATION OF SERVICE BY MAIL I, Theresa Barrett Male, Esquire, verify that on April 11, 1995, I mailed the following documents by certified mail, return receipt requested, restricted delivery to Defendant Marie Snyder: 1) the Complaint for Custody; 2) a certified copy of the order scheduling the conciliation conference for May 9, 1995 at 4: 00 p.m.; 3) the Application for Special Relief; and 4) a certified copy of the order of court dated April 6, 1995 granting the application. Defendant acknowledged receipt on April 13, 1995, as evidenced by the return receipt card attached as Exhibit "A". I verify that the above statements are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. rL./4~/J(~ Theresa Barrett Male, Esquire Attorney for Plaintiff Dated: April 17, 1995 , ~ ....;8Ign.tu.. lAdd......1 i::;...c,,,~.i \:i~~:"[ :T ::i ",,8!gnaW'. lAg.nt)' {~%.I:;:"..'< .'011' II' \! \ ;:i!~l'!>rm . Dec.mber 199t DOMESTIC RETURN REC~!V';f!~ ..."-,","",'" ..,~.:' 7" EXHIBIT "A" ~-' ---.. THERESA BARRETT MALE COUNKLOR AT LAW 10SOUTH MARKET SQUARE SUITE 100 HARRISBURG.PA 17101 ~ ,. Theresa Barrstt Male Supreme Court 146439 10 South Market Square suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, . . plaintiff . . : v. . NO. 95-1581 civil Term . CHRISTOPHER SNYDER, MARIE SNYDER and . . NORA FOSTER, . . . . Defendants CIVIL ACTION - CUSTODY PRAECIPE TO THE PROTHONOTARY: Please reinstate the complaint in the above-captioned action. L/~JJt~ Theresa Barrett Male, Esquire Supreme Court # 46439 10 South Market Sq., Suite 500 HarriSburg, Pennsylvania 17101 (717) 233-3220 Attorney For Plaintiff Date: r/z ills * Theresa Barrett Male Supreme Court #46439 10 South Market Square Suite 500 Harrisburg, PA 17101 (717) 233-3220 Attorney For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, Plaintiff v. NO. 95-1581 Civil Term CHRISTOPHER SNYDER, MARIE SNYDER and NORA FOSTER, Defendants CIVIL ACTION - CUSTODY AFFIDAVIT In accordance with Pennsylvania Rule of civil Procedure 430(b), Theresa Barrett Male, Esquire, being duly sworn according to law deposes and says that she makes this affidavit on behalf Plaintiff Steven Arena, being authorized to do so; that Defendant Nora Foster, presently cannot be located and her whereabouts are unknown after a good faith and diligent effort, which included the following inquiries concerning Defendant Nora Foster: 1. an examination of local telephone directories; 2. an examination of dockets in the office of the Dauphin County Clerk of courts; 3. a telephone inquiry to the Dauphin County District Attorney's Office, Criminal Investigation Division; Theresa Barrstt Male Supreme Court #46439 10 south Markst Square suite 500 Harrisburg, PA 17101 (717) 233-3220 Attornsy For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN ARENA, . . plaintiff . . : v. . . . . CHRISTOPHER SNYDER, : MARIE SNYDER and . . NORA FOSTER, . . . . Defendants . . NO. 95-1581 civil Term CIVIL ACTION - CUSTODY NOTl:CE TO: NORA FOSTER YOU ARE HEREBY NOTIFIED THAT A CIVIL ACTION WAS BROUGHT AGAINST YOU IN THE Court of Common Pleas of Cumberland County, Pennsylvania, at Docket No. 85-1581 civil Term by Steven Arena, seeking custody of Christine Marie Foster (DOB: 12/18/84). NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. 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 the 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. Court Administrator Cumberland county Courthouse - 4th Floor 1 Courthouse Avenue Carlisle, PA 17013-3387 717 240-6200 EXHIBIT I A II ... offices of York and Cumberland Counties and. if the result of the investigations is not to make a finding of child abuse against Marie Snyder. the parties will be expected to expand Marie Snyder's time with the child, 3. On or before Monday. May 15. 1995. Marie Snyder and Crist Snyder shall return to Christine all of her personal effects and belongings which were not purchased by i ! I I I !Theresa Barrett Male, Esquire iAttorney for Plaintiff 'Monica E, Baturin, Esquire I' Attorney for Defendant J. r..... -< c.,~,.... (l'>..:...c..,.( sJ/s/7'!'- .."b,t', r'''> r'--' e ..., ... ';:J -,- ..." .." sla 2 I I I[ I ! II I STEVEN ARENA, I Plaintiff I vs. I, CHRISTOPHER SNYDER, MARIE ISNYDER and NORA FOSTER, Defendants I II!JUDGE PREVIOUSLY ASSIGNED: The Honorable George E, Hoffer (Temporary Order dated 4/13/95) ,I I! II i , I IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8(b), the I undersigned Custody Conciliator submits the following report: ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-1581 CIVIL TERM CUSTODY CONCILIATOR CONFERENCE SIOOtAllY REPORT i 1, The pertinent information i I,ll tigation is as follows: 'I I , i concerning the child who is the SUbject of this BIRTHDATE CURRENTLY IN CUSTODY OF NAME ,Christine Marie Foster 18 December 1984 Marie Snyder and Crist Snyder 2. A Conciliation Conference was held on 9 May 1995 and the following individuals were present: the Plaintiff and his attorney, Theresa B. Male, Esquire; the :;Defendants Marie Snyder and Crist Snyder and their attorney, Monica E. Baturin, I, 'Esquire, The Defendant Nora Foster did not appear. 3. This is a very unusual case. The parents of the child were never married and separated approximately 1 or 8 years ago, From that time on. the child resided with the biological mother, Nora Foster, at various locations in and around Steelton, In the meantime, the mother had a series of problems with the law and apparently had been prosecuted for prostitution. - - In June of 1994. the mother placed the child with her own mother. the child's maternal grandmother, Harie Snyder. and her new husband. Crist Snyder, The child lived with them from June of 1994 until April of 1995 but continued to attend school in Steelton, When Mrs. Snyder developed difficulty with her car and could no longer transport the child to school in Steelton. the child was out of school for several weeks. Marie Snyder was unable to enroll the child in the West Shore School District where she resided. At that point the father became involved and sought custody, After the child made some accusations that Harie Snyder had physically abused her. Judge Hoffer granted the father custody pending the conciliation conference. I At the conference in my office. Harie Snyder and Crist Snyder were able to quickly I agree with the father to allow him to continue to have custody. He agreed to allow Ithem to have five hours of visitation every other Saturday until such time as the child I abuse accusations were resolved, The attached order was dictated in their presence and accepted by the Plaintiff and two of the Defendants, I Iserve her with notice of these proceedings. I II she can be provided with notice of it later. Ilcan ask the court to modify it. 'I ii 4. ,i II l,time. " i' !i I' ,I , Nora Foster has apparently disappeared and no one has been able to locate her or The attached order should be entered and If she feels aggrieved by the order. she With the entry of the attached order. no further action is necessary at this ::10 Hay 1995 ~~A~~ Custody Conciliator Ii " vs. ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-1581 CIVIL TERM CUSTODY STEVEN ARENA, Plaintiff ,CHRISTOPHER SNYDER. MARIE !SNYDER and NORA FOSTER, Defendants ORDER AND NOW, this day of . 1995. upon receipt of the conciliator's report, it appearing that the Plaintiff, Steven Arena, and the Defendants, Marie Snyder and Crist Snyder, agreed to the terms and provisions of this order which was dictated in their presence and approved by them and their attorneys, we hereby order as follows: 1. The Plaintiff. Steven Arena, shall have legal custody of the minor children, Christine Marie Foster, born December 18, 1984, Until further order of court, the father shall also have primary physical custody of the said child, 2, Pending the conclusion of an investigation into accusations of child abuse by the Children and Youth Services offices of York and Cumberland Counties, which accusations are denied by Mr, and Mrs. Snyder, Marie Snyder shall enjoy periods of temporary custody on alternating Saturdays from noon until 6:00 p.m., commencing on Saturday, May 20, 1995. These periods of temporary custody are to be exercised in a public place such a movie theatre, a restaurant. a park. or the like. During the times that Marie Snyder has temporary custody of the child, she shall respect the child' s wishes regarding any contact with the child's biological mother, Nora Foster, and with her older brother, Steven. The parties will review the schedule of temporary custody promptly upon the conclusion of the investigation by the Children and Youth Services 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LA W JOURNAL (Under Act No. 587, approved May 16, 1929), P. L,I784 STATE OF PENNSYL VANIA : 55, COUNTY OF CUMBERLAND : Roger M, Morgenthal, Koiqulre, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, wus established January 2, 1952, and designated by the local court.~ us the officiul legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same us was printed in the regular editions and issue.~ of the said Cumberland Law Journul on the following dates, viz: MAY 26.1995 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested is the subject matter of the aforesaid notice or advertisement. and that all allegations in the foregoing statements us to time, place and character of publication are true. r LQj)d/Z.~ Roger . Morgenthal, Editor --- SWORN TO AND SUBSCRIBED before me this 26 day (If MAY ,1995 NOTARIAl. SEAl. ~ER1.ENE MARliEVKA. NcUIy Ni. Ca~, CUmbotland CoII'Iy PL u,eomm_ EIl)iI.So6a I PLAlNTIFPS EXHIBIT R l..t"J C"> ~ ,- or >- .( ~.. 1--'<-: [,1.1.... ..J ::::; c ~ L6..o:......i :. ~.-, ~ :z: -= '" ...... ....... ;... __,'.1' ....7" J'.'.":: .)..: f ';.t, C.. ~. f: -' ::z: => ..., .