HomeMy WebLinkAbout00-00583
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Plaintiff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYL VANIA
v.
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Defendant
: CIVIL ACTION LAW
: NO. 5'62> CIVIL d~
: CUSTODY VISITATION
ORDER OF COURT
And now, this J.f L\.Iob , upon consideration of the attached complaint, it is hereby directed
that the above parties and their respective counsel appear before t:f\!\. J(\ :\, ~\JC\~ ,
Esquire, the conciliator, at..2B \,0, \---'Q\C\:':)\''J \-\ec~\ ( Sb ~ . \ ,
Pennsylvania, on the ;;)::. day of \..\0..'[( ~ ,2000, at ;:<", A.M.I ~
for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the
issues in dispute; or ifthis 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 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:
By: ~Jj'~\f\\~
Custody Conciliator. (tD':)
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
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SHIRLEY NEWMAN, : THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
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vs. : No. .;(000 - S-PJ C0~[ ,~
TERRY HUGHES & SUSAN HUGHES : CIVIL ACTION - AT LAW
Defendants : CUSTODY
ORDER OF COURT
You, Terry Hughes, Defendant in the above-captioned custody action, have been
sued in court to obtain custody, partial custody or visitation of the following child: Tyler
John Hughes, born October 4, 1993.
You are ordered to appear in person at
2000, at _.m., for
, on
a conciliation or mediation conference.
a pretrial conference.
a hearing before the court.
If you fail to appear as provided by this Order, an Order for custody, partial custody
or visitation may be entered against you or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
BY THE COURT:
Date:
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SHIRLEY NEWMAN, : THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
W. : NQ
TERRY HUGHES & SUSAN HUGHES CIVIL ACTION - AT LAW
Defendants : CUSTODY
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible facilities
and reasonable accommodations available to disabled individuals having business before
the court, please contact our office. All arrangements must be made at least 72 hours prior
to any hearing or business before the court. You must attend the scheduled conference or
hearing.
BY THE COURT:
Date:
J.
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SHIRLEY NEWMAN,
Plaintiff
vs.
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. ol.c'17D - S?.3 Cu;J -j~
TERRY HUGHES & SUSAN HUGHES
Defendants
: CIVIL ACTION - AT LAW
: CUSTODY
COMPLAINT IN CUSTODY
AND NOW, the Plaintiff, Shirley Newman, by and through her attorney, Jeanne B.
Costopoulos, Esquire, makes the following Complaint in Custody:
1. The Plaintiff, Shirley Newman, is an adult individual who currently resides at
244 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania
17013.
2. The Defendants, Terry Hughes and Susan Hughes, are adult individuals, are
husband and wife, and currently reside at 418 A Street, Carlisle, Cumberland .
County, Pennsylvania, 17013.
4. The Plaintiff seeks partial custody of the following child:
Name
Present Residence
~
Tyler John Hughes
418 A Street
Carlisle, PA 17013
6yrs.
(DOB 10/4/1993)
The child, Tyler John Hughes is presently in the custody of his father, Terry Hughes,
and his step/adoptive mother, Susan Hughes, who reside at 418 A Street, Carlisle,
Cumberland County, Pennsylvania 17013.
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Since birth, the child resided with the following persons and at the following
addresses:
Name
Lynn C. Hughes (natural mother)
Terry Hughes (natural father)
Address
Dates
418 A Street
Carlisle, PA 17013
1 0/4/93-
12/5/93
12/5/93-
12/14/93
Shirley Newman (maternal grandmother) 244 S. Spring Garden St
Lynn C. Hughes (natural mother) Carlisle, PA 17013
Lynn C. Hughes (natural mother)
Terry Hughes (natural father)
418 A Street
Carlisle, PA 17013
12/14/93-
10/2/95
Shirley Newman (maternal grandmother) 244 S. Spring Garden St
Luther Newman (maternal step-grandfather) Carlisle, PA 17013
Lynn C. Hughes (natural mother)
Terry Hughes (natural father)
1 0/2/95-
12/2/95
418 A Street
Carlisle, PA 17013
12/2/95-
12/5/97
Shirley Newman (maternal grandmother) 244 S. Spring Garden St
Luther Newman (maternal step-grandfather) Carlisle, PA 17013
Lynn C. Hughes (natural mother)
Terry Hughes (natural father)
12/5/97-
12/20/97
418 A Street
Carlisle, PA 17013
12/14/93-
10/2/95
Shirley Newman (maternal grandmother) 244 S. Spring Garden St
Luther Newman (maternal step-grandfather) Carlisle, PA 17013
Lynn C. Hughes (natural mother)
2/20/98-
3/16/98
Terry Hughes (natural father)
Terry Hughes (natural father)
Susan Hughes (step/adoptive mother)
418 A Street
Carlisle, PA 17013
3/16/98-
June 1999
418 A Street
Carlisle, PA 17013
3/16/98-
present
Note: Throughout 1995-1998, the child often spent the night at Plaintiffs house and the
Plaintiff on numerous occasions spent days, evenings and nights at Defendants' house.
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The natural mother of the child is Lynn C. Hughes, deceased - only daughter of
Plaintiff.
The natural father of the child is Terry Hughes, Defendant, currently residing at 418
A Street, Carlisle, Pennsylvania 17013.
The step-mother, adoptive mother, of the child is Susan Hughes, Defendant,
currently residing at 418 A Street, Carlisle, Pennsylvania 17013.
The child was not born out of wedlock.
5. The relationship of the Plaintiff to the child is that of natural maternal
grandmother. The Plaintiff currently resides with the following persons: Luther Newman,
husband of Plaintiff/step-grandfather of the child.
The relationship of Defendant Terry Hughes to the child is that of natural father.
Father currently resides at 418 A Street, Carlisle, Pennsylvania 17013.
The relationship of Defendant Susan Hughes to the child is that of step-mother,
adoptive mother. Step/adoptive mother currently resides at 418 A Street, Carlisle,
Pennsylvania 17013.
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
7. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of any of the child or claims to have physical custody or visitation rights
with respect to the child.
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8. The best interests and permanent welfare of the child will be served by
granting the relief requested because:
(a) Plaintiff is the natural maternal grandmother of the child and has
played a major role in the child's parenting since birth.
(b) Plaintiff has established a very close relationship/bond with the child.
(c) Plaintiff desires to continue exercising parental roles and enjoys the
love and affection of the child.
(d) The child should be permitted to enjoy the love, affection, and
emotional support which has always been provided by his maternal
grandmother.
(e) The child is the only child of Plaintiff's daughter, Lynn C. Hughes, who
died of cancer March 16, 1999.
(f) The Father and Adoptive Mother, Defendants, have attempted to
alienate the child from his maternal extended family which is not in the
child's best interests.
9. 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.
No other persons are known to have or claim a right to custody or visitation of the child to
be given notice of the pendency of this action and the right to intervene.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter
an order granting to her partial physical and legal cu~tody of her grandson.
_ '_,_'_.0<
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Respectfully submitted,
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Jean e B. Costopoulos, Esquire
ATT RNEY FOR PLAINTIFF
1400 N. Second Street
Harrisburg, PA 17102
(717) 221-0900
Supreme Ct. 10 No. 68735
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SHIRLEY NEWMAN, : THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. No.
TERRY HUGHES & SUSAN HUGHES CIVIL ACTION - AT LAW
Defendants : CUSTODY
VERIFICATION
I, Shirley Newman, hereby verify that the statements made in the foregoing
Custody Complaint are true and correct to the best of my knowledge, information, and
belief. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. S 4904, relating to unsworn falsification to authorities.
Date: j - ~S" - J.- OtJCJ
91i
Signature: ~ '1. jj(t;tl..U7J1~
HIRLEY EW AN
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SHIRLEY NEWMAN,
PLAINTIFF
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-583 CIVIL TERM
TERRY HUGHES and
SUSAN HUGHES,
DEFENDANTS
CIVIL ACTION - LAW
CUSTODY
PRAECIPE TO ENTER APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the defendants, Terry Hughes and Susan Hughes,
in the above captioned case.
Respectfully submitted,
By:
Marcus A. McKni 1, m, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for defendants,
Terry Hughes and
Susan Hughes
Date: Febrnary 11,2000
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SHIRLEY NEWMAN,
PLAINTIFF
v.
TERRY HUGHES and
SUSAN HUGHES,
DEFENDANTS
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-583 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to
Enter Appearance was served upon the following by depositing a true and correct copy of the
same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date
referenced below and addressed as follows:
Jeanne CostopouIos, Esq.
COSTOPOULOS & WELCH
1400 North Second Street
Harrisburg, P A 17102
Date: February 11,2000
IRWIN, McKNIGHT & HUGHES
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SHIRLEY NEWMAN, . IN THE OJURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. . NO. 00-583 CIVIL TERM
.
:
TERRY HUGHES, . CIVIL ACTION - LAW
.
Defendant : IN CUSTODY
ORDER OF COURT
AND NC;W, this I 3t\-- day of ~
consideration of the attached Custody con~7~~ti~n Report,
and directed as follows:
, 2000, upon
it is ordered
1. The parties shall cooperate with and abide by the recommendations
of the Child's psychologist, Kenneth France, PhD. with respect to each
party's participation in the counseling and visitation/partial custody
arrangements with the Maternal Grandmother which will be in the best
interest of the Child. Each party shall be responsible to pay any costs
associated with that party's participation in counseling.
2. Pending receipt of recormnendations from the Child's psychologist,
the Maternal Grandmother shall have visitation with the Child on Sunday,
April 16, 2000 and on the second Sunday of each month thereafter. Unless
otherwise agreed between the parties, the periods of visitation under this
provision shall take place from 2:00 p.m. until 5:00 p.m. with the first
visit to take place at the Child' s residence and after that at a location
recormnended by the psychologist or agreed upon by the parties.
3. Counsel for the parties may contact the Conciliator to schedule an
additional Custody Conciliation Conference, if necessary, within six months
of the date of this Order.
cc: Jeanne' B. Costopoulos, Esquire - Counsel for Maternal Grandmother
Marcus A. McKnight, III, Esquire - Counsel for Father and Stepmother
.
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SHIRLEY NEWMAN,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
.
.
vs.
: NO. 00-583
CIVIL TERM
:
TERRY HUGHES,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
CUSTODY CCI\ICILIATIOO SUMMARY REPCRT
IN ACCORDANCE WITH COMBERIJ\ND COON'.I.'l!" RULE OF CIVIL PROCEIlURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Tyler John Hughes
October 4, 1993
Defendant Father and
Stepmother
2. A Conciliation Conference was held on April 4, 2000, with the
following individuals in attendance: The Maternal Grandmother, Shirley
Newman, with her counsel, Jeanne' B. Costopoulos, Esquire, and the Father
and Stepmother, Terry and Susan Hughes, with their counsel, Marcus A.
McKnight, III, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date ~
(I} . :;JeOO
,
a.~~
Dawn . Sunday, Esquire
Custody Conciliator
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Franco Psychological Associates
26 State Avenue Carlisle, PA 17013
(717) 243-1896 Fax (717) 243-5297
Licensed Psychologists
Margery Andrews M.Ed.
John-Paul Checkett, Ph.D.
Linda Chalk, Ph.D.
Kathryn Ellis, Ed.D.
Kenneth France, Ph.D.
Edward Franco, Ph.D.
Lori J. Hogg, M.S.
Davis C. Tracy, Ph.D.
Licensed Social Workers
Nancy M. Small, A.C.S.W., C.A.C.
Susan McGraw, A.C.S.W.
Joanne Chambers, A.C.S.W.
Certified ProCessionals
Kay Balcziunas, M.S.N., R.N., C.S.
Certified Psychiatric MH Nurse
Jo Ann Coslett, Ed.D
Certified School Psychologist
April 20, 2000
4'/6
The Honorable Edward E. Guido
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Dear Judge Guido:
RE:case No. 00-583 and
April 13, 2000 order
I am a psychotherapist who has been providing services to Tyler Hughes
and his parents Terry and Susan Hughes. My pre-existing relationship with the
Hughes family as their psychotherapist prevents me from taking on certain other
roles. Those prohibited roles include mediator and custody evaluator. In
addition it would be inappropriate for me to have as a client one of Tyler's
grandparents. Nevertheless, in my role as a psychotherapist for the Hughes
family, I am willing to expand participation in our sessions as long as any non-
client who participates is a person who has beeninyited to attend by Terry and
Susan Hughes.
This morning Shirley Newman participated in the session I had with Susan
and Terry Hughes. (Mrs. Newman is also invited to our next session that will be
held on May 4.) In today's meeting I gaye all participants a copy of the first
paragraph of this letter, and I explained that I will not be making any
recommendations reg<lrding the frequency or duration of visits involving Tyler
Hughes and his grandmother Shirley Newman. I also reiterated the statement I
had made in my March 16, 2000 letter to Terry and Susan Hughes: I support
other members of Tyler's immediate family being present during visits with
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Franco Psychological Associates
Letter to Honorable Edward E. Guido
RE: Tyler Hughes
April 20, 2000 Page 2
Shirley Newman, and I also believe that Tyler should not be forced to visit with
her if he does not want to.
KF:tk
Copies:
Susan and Terry Hughes
Shirley Newman
Dawn S. Sunday, Conciliator
Jeanne B. Costopoulos, Esquire
Marcus A. McKnight, III, Esquire
Sincerely,
~.?~m
Kenneth France, Ph,D.
Licensed Psychologist
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Plaintiff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYL VANIA
v.
* \e\,,-\ rujM:~~~ \-0~-cS
Defendant
: CNIL ACTION LAW
:'NO.s8>~ CML ;)000
: CUSTODY VISITATION
ORDER OF COURT
And now, this Slit>' ('j) , upon consideration of the attached complaint, it is hereby directed
that the above parties and their respective cpunsel appear before, tSo.w .
Esquire, the conciliator, at:5, , \--\ \ ,
Pennsylvania, on the 5' day of ~\...)~ ,2000, at \ . 0 .(M:y P.M.,
for a Pre-hearing Custody Conference. At sue 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 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:
By: &sOu~~.~d~
Custody Conciliator . C 1.'\:1-;)
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
1-800-990-9108
RU:O-OFFICE
T' ',,- ;t)I,\,qOI~OTARY
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SHIRLEY NEWMAN,
Plaintiff
vs.
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
. ~
: No. 00' S-fl<3 Q~ y; I 1'€Ffh
TERRY HUGHES & SUSAN HUGHES
Defendants
: CIVILACT/ON-ATLAW
: CUSTODY
ORDER OF COURT
You, Terry Hughes, Defendant in the above-captioned custody action, have been
sued in court to obtain custody, partial custody or visitation of the following child: Tyler
John Hughes, born October 4, 1993.
You are ordered to appear in person at
2000, at_.m., for
, on
a conciliation or mediation conference.
a pretrial conference.
a hearing before the court.
If you fail to appear as provided by this Order, an Order for custody, partial custody
or visitation may be entered against you or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAl HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
BY THE COURT:
Date:
J.
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SHIRLEY NEWMAN,
Plaintiff
vs.
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNlY, PENNSYLVANIA
: No. f) 0 -s.JY3 CJv; I ~rn-,
: CIVIL ACTION - AT LAW
: CUSTODY
TERRY HUGHES & SUSAN HUGHES
Defendants
ORDER OF COURT
You, Susan Hughes, Defendant in the above-captioned custody action, have been
sued in court to obtain custody, partial custody or visitation of the following child: Tyler
John Hughes, born October 4, 1993.
You are ordered to appear in person at
2000, at_.m., for
, on
a conciliation or mediation conference.
a pretrial conference.
a hearing before the court.
If you fail to appear as provided by this Order, an Order for custody, partial custody
or visitation may be entered against you or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
BY THE COURT:
Date:
J.
-~
-
SHIRLEY NEWMAN,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. O\) -.5"'""JV3 - Civ',' I Yl'?-r/Yt
vs.
TERRY HUGHES & SUSAN HUGHES
Defendants
: CIVIL ACTION - AT LAW
: CUSTODY
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible facilities
and reasonable accommodations available to disabled individuals having business before
the court, please contact our office. All arrangements must be made at least 72 hours prior
to any hearing or business before the court. You must attend the scheduled conference or
hearing.
BY THE COURT:
Date:
J.
L
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SHIRLEY NEWMAN,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 00 - Sfr3 - C)v; I Y-eJ1h
vs.
TERRY HUGHES & SUSAN HUGHES
Defendants
: CIVIL ACTION - AT LAW
: CUSTODY
PETITIQN TO IYIQDIFY CUSTODY ORDER
AND NOW, the Plaintiff, Shirley Newman, by and through her attorney, Jeanne B.
Costopoulos, Esquire, avers the following in support of this Petition:
1. An Order of Court was entered by the Honorable Edward E. Guido on April 13,
2000, providing the child's psychologist, Dr. Kenneth France, to provide recommendations
to the court regarding visitation, following counseling with all parties. (See Exhibit A -
Order).
2. Dr. France submitted a letter to the court dated April 20, 2000, which expresses
his concern about having the Plaintiff as a client in light of his pre-existing relationship with
the Defendants. (see Exhibit B -letter).
3. Plaintiff believes that an impartial and unbiased psychologist should attempt
mediation between the parties aOnd make recommendations regarding visitation of the
child by Plaintiff.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to schedule a
custody conciliation conference and to appoint a psychologist for the purpose of mediation
and evaluation.
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Respectfully submitted,
Jeanne B. ostopoulos, Esquire
ATTORN Y FOR PLAINTIFF
1400 N. Second Street
Harrisburg, PA 17102
(717) 221-0900
Supreme Ct. 10 No. 68735
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SHIRLEY NEWMAN,
Plaintiff
vs.
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. '0 0 ~S P; 3 0)1", I Ye.rm
; CIVIL ACTION - AT LAW
: CUSTODY
TERRY HUGHES & SUSAN HUGHES
Defendants
VeRI FICA TION
I, Shirley Newman, hereby verify that the statements made in the foregoing
document are true and correct to the best of my knowledge, information, and belief.
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. ~ 4904, relating to unsworn falsification to authorities.
Date:
Jj- rJ. r - 00
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SHIRLEY. EW AN
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SHIRlEY NEWMAN, : THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : No. 00-583 CIVIL TERM
TERRY HUGHES & SUSAN HUGHES, : CIVILACTION-ATLAW
Defendant : DNORCE
CERTIFICATE OF SERVICE
I, Jeanne B. Costopoulos, Esquire, hereby certifY that I am this day serving a copy of
the foregoing document upon the person, and in the manner, indicated below, which service satisfies
the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United
States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as
follows:
Marcus A McKnight, III, Esquire
West Pomfret Building
60 West Pomfret Street
Carlisle, PA 17013
BY:
Jeanne . COstopoulos, Esquire
ATT Y FOR PLAlNTIFF
1400N. Second Street
Harrisburg, P A 17102
(717) 221-0900
Supreme Ct. ID No. 68735
Date:
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EXHIBIT A
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SHIRLEY NEWMAN, : IN THE CDURT OF CDMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
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vs. : NO. 00-583 CIVIL TERM
.
..
TERRY HUGHES, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
ORDER OF CXXJRT
AND NCm, this J3+h day of ~ R1
consideration of the attached Custody Conc liation
and directed as follows:
, 2000, upon
Report, it is ordered
1. The parties shall cooperate with and abide by the recommendations
of the Child's psychologist, Kenneth France, PhD. with respect to each
party's participation in the counseling and visitation/partial custody
arrangements with the Matemal Grandmother which will be in the best
interest of the Child. Each party shall be responsible to pay any costs
associated with that party's participation in counseling.
2. Pending receipt of recommendations from the Child's psychologist,
the MatemalGrandmother shall have visitation with the Child on sunday,
April 16, 2000 and on the second sunday of each month thereafter. unless
otherwise agreed between the parties, the periods of visitation under this
provision shall take place from 2:00 p.m. until 5:00 p.m. with the first
visit to take place at the Child's residence and after that at a location
recommended by the PSYChologist or agreed upon by the parties.
3. Counsel for the parties may contact the Conciliator to schedule an
additional CUstody Conciliation Conference, if necessary, within six months
of the date of this Order. .
TRUE Copy FROM RECORD
In Testimony whereof, I here unto set my hanll
and the seal of. said cour~t .carlisle, Pa.
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BY THE CDURT,
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cc: Jeanne' B. Costopoulos,Esquire - Counsel for Maternal Grandmother
Marcus A. McKnight, III, Esquire - Counsel for Father and Stepmother
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SHIRLEY NEWMAN, . IN THE CXJURT OF COMMON PLEAS OF
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Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
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vs. : NO. 00-583 CIVIL TERM
.
.
TERRY HUGHES, . CIVIL AcrION - LAW
.
Defendant . IN CUSTODY
.
CUSTODY CCIiICILIATI<J!iI SUMMARY REPCRr
IN ACOORDANCE WITH CUMBERLAND COIlN'.rY ROLE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN aJSTODY OF
Tyler John Hughes
October 4, 1993
Defendant Father and
Stepmother
2. A Conciliation Conference was held on April 4, 2000, with the
following individuals in attendance: The Maternal Grandmother, Shirley
Newman, with her counsel, Jeanne' B. Costopoulos, Esquire, and the Father
and stepmother, Terry and Susan Hughes, with their counsel, Marcus A.
McKnight, III, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
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Date
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Dawn . Sunday, Esquire
Custody Conciliator
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EXHIBIT B
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Franco Psychological Associates
26 State Avenue Carlisle, PA 17013
(717) 243-1896 Fax (717) 243-5297
Licensod Psychologists
Margery Andrews M.Ed.
John-Paul Checkelt, Ph.D.
Linda Chalk, Ph.D.
Kathryn Ellis, Ed.D.
Kenneth France, Ph.D.
Edward Franco, Ph.D.
Lori J.lIogg, M.S.
Davis C. Tracy, Ph.D.
Licensed Social Workers
Nancy M. Small, A.C.S.W., C.A.C.
Susan McGraw, A.C.S.W.
Joanne Chamhers, A.C.S.W.
Certified Professionals
Kay Balcziunas, M.S.N., R.N., C.S.
Certified Psychiatric MH Nurse
Jo Ann Coslett, Ed.D
Certified School Psychologist
April 20, 2000
The Honorable Edward E. Guido
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Dear Judge Guido:
RE: Case No. 00-583 and
April 13, 2000 order
I am a psychotherapist who has been providing services to Tyler Hughes
and his parents Terry and Susan Hughes. My pre-existing relationship with the
Hughes family as their psychotherapist prevents me from taking on certain other
roles. Those prohibited roles include mediator and custody evaluator. In
addition it would be inappropriate for me to have as a client one of Tyler's
grandparents. Nevertheless, in my role as a psychotherapist for the Hughes
family, I am willing to expand participatiOn in our sessions as long as any non-
client who participates is a person who has been invited to attend by Terry and
Susan Hughes.
This morning Shirley Newman participated in the session I had with Susan
and Terry Hughes. (Mrs. Newman is also invited to our next session that will be
held on May 4.) In today's meeting I gave all participants a copy ofthe first
paragraph of this letter, and I explained that I will not be making .any
recommendations regarding the frequency or duration of visits involving Tyler
Hughes and his grandmother Shirley Newman. .1 also r,eitera:ted thte. statement I
had made in my March 16,2000 letter to Terry and SuS@n Hl1gbes:: I support
other lJll:lmb~r,s ot Tyler's immediate family being present during visits with
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Franco Psychological Associates
Letter to Honorable Edward E. Guido
RE: Tyler Hughes
Apri/20, 2000 Page 2
Shirley Newman, and I also believe that Tyler should not be forced to visit with
her if he does not want to.
Sincerely,
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Kenneth France, Ph.D.
Licensed Psychologist
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Copies:
Susan and Terry Hughes
Shirley Newman
Dawn S. Sunday, Conciliator
Jeanne B. Costopoulos, Esquire ,/
Marcus A. McKnight, III, Esquire
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Harrisburg, PA 17102
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SHIRLEY NEWMAN I
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
.
.
vs.
: NO. 00-583
CIVIL TERM
.
.
TERRY HUGHES and SUSAN HUGHES,
Defendant
.
.
CIVIL ACTION - LAW
IN CUSTODY
:
OQDER OF <XXlRT
AND lOl, this /Jy,.. day of :r 0r
consideration of the attached Custody ConciliatJ.on
and directed as follows:
, 2000, upon
Report, it is ordered
1. The prior Order of this Court dated April 13, 2000, is vacated and
replaced with this Order.
2. The parties shall submit themselves and the minor Child to a
custody evaluation to be performed by Arnold Shienvold, PhD. or other
professional selected by the maternal Grandmother. The purpose of the
evaluation shall be to obtain independent professional recommendations with
regard to the maternal Grandmother I s request for partial custody. The
maternal Grandmother shall be responsible to pay all costs of the
evaluation. The parties shall sign any authorizations deemed necessary by
the Elvaluator to obtain additional information pertaining to the parties or
the Child.
3. Upon completion of the evaluation and receipt of the evaluator's
written recommendations, in the event the parties are not at that time able
to reach an agreement as to ongoing custOdy arrangements, counsel for
either party may contact the Conciliator to request scheduling of an
additional Custody Conciliation Conference or a Hearing.
4. Pending further Order of Court or agreement of the parties, the
Maternal Grandmother shall have visitation with the Child on the second
Sunday of each month from 3:00 p.m. until 5:00 p.m. at either the Child's
residence or other location agreed upon by the parties.
Edwa
J.
cc:
Jeanne' P. costopoulos, Esquire - Counsel for Plaintiff
Marcus A. McKnight, Esquire - Counsel for Defendants
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SHIRLEY NEWMAN,
plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 00-583
CIVIL TERM
.
.
TERRY HUGHES and SUSAN HUGHES,
Defendants
: CIVIL ACTION - LAW
: IN CUSroDY
PRIOR JUDGE: Edward E. Guido
CUSTODY <nK:ILIATIOO SUMMARY REPCRr
IN ACOJRDANCE WITH CllMBERLAND COONTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Tyler John Hughes
October 4, 1993
Defendants, Terry
and Susan Hughes
2. A Conciliation Conference was held on July 5, 2000, with the
following individuals in attendance: The Maternal Grandmother, Shirley
Newman, with her counsel, Alan Welch, Esquire (for Jeanne' B. Costopoulos,
Esquire), and the Child's Father and adoptive Mother, Terry and Susan
Hughes, with their counsel, Marcus A. McKnight, III, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date~
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Dawn S. Sunday, Esquire
CUstody Conciliator