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IN Tin: COURT OF COMMON "LEAS OF n::\IIU:JU,ANI) (,OliNT\'. I'A
RICHARJ) L. JlYNt:S.
PIHintiff,
CIVIL ACTION - LAW
v.
NO. '/.1 t.,' 1," ,1',.,17.,..,
TINA M. CIlJC<:J,
Defendant.
CUSTODY
COMPLAINT FOR CliSTOD\'
I. Thc Plaintiff is Richard L. Ilyncs, prcscntly rcsiding at 24 I foliar A vcnuc,
Shippensburg, Cumberland County, Pennsylvania 17257.
2. The Defendant is Tina M. Ciucci, prcscntly rcsiding at 159 Loudcn Strcct,
Chambcrsburg, Franklin County, Pcnnsylvania 1720 I.
3. Plaintiff seeks custody of the following children:
NAME
PRESENT RESIDENCE
AGE
Adam M. Hynes
Aaron M. Hynes
24 Hollar Avenue, Shippensburg. PA 17257
24 Hollar Avenue, Shippensburg, PA 17257
7
4
The children were born out of wedlock.
The children are presently in the custody of Richard L. I lynes, who resides at 24
Hollar Avenue, Shippensburg, Cumberland County, Pennsylvania.
During the past seven years, the children have resided with the following persons and at
the following addrcsses:
Re.~idencesfor Adam M. Hyne.~, born 0/1 AI/gl/st /9, /99/, are asfollows:
NAME
Richard Hynes & Tina Cuicci
Richard Hynes & Tina Ciucci
Richard Hyues & Tiua Ciucci
Richard Hynes & Tiua Cincci
Richard Hyues & Tiua Ciucci
Richard Hyues & Tina Ciucci
Richard Hynes & Tina Ciucci
Richard Hynes
Richard Hynes
ADDRESS
Shellsburg. Bedford Connty. PA
Imler, Bedford County, PA
Upper Klahr. Bedford County, PA
Rt. 30, Shellsburg. Bedford County, PA
129 Booz Rd" franklin County. Shippensburg. PA
323 Y, Roxbnry Rd" Cumberlaud County, Shippensburg. PA
113 Shamar Ave" frauklin County. Shippensburg. PA
113 Shamar Ave,. Shippensburg. frauklin County. PA
24 Hollar Ave.. Shippensburg. Cumberland Connty, PA
DATE
8/91 - 6/93
6/93 - 9/94
9/94 - 1/95
1/95 - 6/95
6/95 - 2/97
2/97 - 7/97
7/97 - 9/97
9/97 - 11/97
Il/97-present
MARK, WEIGLE: AND PEHKINS ~ Af-rOHNEYS AT LAW ._ 12C, CAST KING STREEf .. SHIPPENSUURG, f'A 1725"'.1397
ReJidellceJfor Aamllllt. 1(l'lIe,', /""" fill Octoher N, /993, are (UfoI/o....':
MM!;
Richard Hynes & Tma Coucc,
RIchard Hynes & Tuel Couecl
RIchard Hynes & Tma Couec,
RIchard Hynes & Tucl Coucc,
Richard Hynes & Tllc' Coucc.
Richard Hynes & Tlll.l Coucc,
Richard Hynes
Richard Hynes
ADDRESS
Imler. Bedford ('ouuly. PA
Upper Klahr. Eledford Coullly. PA
Rt 10. Shellsburg. Bedford ('ollluy. PA
111) Elool Rd . Franklm ('ounly. Sluppensburg. PA
.11.1 '.., Ro.bllry Rd,. Cnmberland Coullly. Shippensburg. PA
ILl Shamar Ave. Franktin ('ounly. Shippensburg. PA
II J Shamar Ave, Sluppensburg. Franklin Coullly. PA
1~ Hollar Ave,. Shippensburg. ('umberland County. PA
DATE
611)3 - I)/I)~
I)/I)~ - 1/1)5
1/1)5 - (/1)5
(/1)5,-1197
1/1)7 - 7/97
7/97 - 1)/97
1)/1)7 - 11/97
11/1)7-present
The mothcr ofthc childrcn is Tina M. Ciucci. currently rcsiding at 159 Louden
Strect, Chambersburg, Franklin County, Pcnnsylvania. Shc is single.
The father of the childrcn is Richard L. Hynes, currcntly residing at 24 Hollar
Avenue. Shippensburg, Cumbcrland County, Pennsylvania. Hc is single.
4. The relationship of Plaintiff to thc children is that offather. The Plaintiff
currently resides with thc following pcrsons:
NAME
Adam M. Hyncs
Aaron M. Hynes
Robin Teasly
RELATIONSHIP
Son
Son
Friend/Roommate
5. The relationship of Defendant to the children is that of Mother. The Defendant
currently resides with the following persons:
NAME
RELATIONSHIP
Tilla Ciucci, mother, is currelltl)' Ii,'illg alolle.
6. The Plaintiff has participated as a party in other litigation which, in part, concerns
the custody of the children in another jurisdiction as follows: a protection from abuse
action filed by the Defendant in this action, Tina M. Ciucci, was filed to No. 506 for the
year 1998, in Bedford County, Pennsylvania. Copies of the Orders of Court entered by
the Bedford County Court dated June 19, 1998, and July 6, 1998, are attached hereto,
made a part hereof and marked Plaintiff's Exhibit Numbers I and 2 respectively.
7. Plaintiff has no information ofa custody proceeding concerning the children
pending in this or any othcr jurisdiction at this time.
8. Plaintiff does not know of a person, not a party to the proceedings, who has
physical custody of the childrcn or claims to have custody or visitation rights with respect
to the children.
MARK. WEIGLE I\ND PERKINS - I\TTOrmCYS Al LAW 12G EAsr KING ST~EET _ SHIPPENSBURG, PA 17257.1397
9. Thc hcst intcrcst and pcrmanont welfarc ofthc childron will bc scrvcd hy granting
thc rclicf rcqucstcd for thc lilllowing rcasons:
a. Thc Dcfcndant has :,nd and continucs to havc a substnncc abusc problem.
which rcndcrs hcr physically. mcntally nnd cmotionally unlit to bc thc primary carctakcr
of two miuor childron of elcmcntnry school agc,
b. Thc l'laintill'is bcllcr ablc to providc thc stability thnt both childrcn necd at
this stage in thcir young livcs.
c. Thc childrcn presently rcceivc much lovo, carc and attention in the bome
of the Plaintiff and in thc homc ofthc Plaintin's parcnts. who livc c10sc by.
10. Each parent whose parcntal rights to the childrcn havc not bcen tcrminated and
the person who has physical custody ofthc childrcn havc been named as partics to this
action. All other persons, nnmcd bclow, who arc kno\\m 10 have or claim a right to
custody or visitation ofthc child will bc givcn noticc ofthc pendency of this action and
the right to intervene:
NAME
ADDRESS
BASIS OF CLAIM
NONE
WHEREFORE, Plaintiff requests the Court to grant both legal and rcsidential
custody of the minor children to thc Plaintiff.
MARK. WEIGLE AND PERKINS
(
By:'.,
/'-- ( (
Je ' A. Weig e, Esquire
A omey for Plaintiff
1.D.# 01624
126 East King Strect
Shippensburg, PA 17257
717-532-7388
MARK, WEIGLE AND PE':RKINS AfTOHNCV5 AI" LAW _ ''''6 EA"r KING SI'HEET SliIPPENSBUI'H.i,I'A l'l2.S-/1J9"
Vt:RIFI(,'\TIO~
I vcrify that thc statcmcnts madc in thc "lfcgoing Complaint lilr Custody arc truc
and corrcc!. lundcrstand that lalsc statcmcnts hcrcin arc madc suhjccttothc pcnaltics uf
18 Pa.C.S. g 4904, rclating to unsworn lalsillcation to authoritics.
Richard L. I1yncs. l'laintill'
Dated:
MAHK. WEIGLE AND PERKINS _ ATTOHNEV5 AT LAW __ 126 EAST KING STR~ET - SHIPPEN51.HJIKi, PA 1 l2!-''' 13q/
,.
IN 'lllE mUR'l' OF CDMMON Pr.r.:,~S 01' I'l'fJIoDilO (l)IJHI'Y, PENNSYLVANIA
TINA CIlJ<:CI,
No, 506 for the year 1998
Plaintiff
vs.
Civil Action - r~w
RICHARD HYNES,
Defendant
Protect ion fran Abuse Act
ORDER OF mURT
Ard now, June 19, 1998, the Order of the Court is as follows:
1. The hearing scheduled for this elate on the Petition for Relief
under the Protection fran Abuse Act, file::l in the above-captione::l matter, is
hereby continueC to Monday, July 6, 1998, at 3:00 o'clock p.m.
2, In the interim, the Temp::lrary Protection Order, date::l June 10,
1998, shall remain in full force and effect, except that the defendant,
I
I
I, of exchanging the children, Adam Hynes and Aaron Hynes, for Cllstcdy purposes.
i
I
I
I
Richard Hynes, shall be permitte::l contact with the plaintiff for the purpose
3.
In the interim,
the plaintiff, Tina Ciucci, and the defendant,
Richard
Hynes,
shall
share
legal and physical custcdy of their minor
children, Adam Hynes and Aaron Hynes, \~ith the plaintiff, Tina Ciucci, having
custody of the said minor children fran June 23, 1998, at 5:00 o'clock p.m.
Plaintiff's Exhibit 1
f
IN TilE COlIRT 0.. COMMON PLEAS 0" ('II:\IUUtLANIl ('Ol'NTY. PA
RICIIAIUl I.. HYNES.
P1l1intiff.
('IVIL ACTION - LA \V
\'.
NO. (it /
/
(/,-) !
TINA M. ('UIC('I.
Uefendllnt.
COSTOUY
Acn:PTANn: 0.. SERVICE
I accept service of the ComplHint for Custody on the hehalf of Tina M. Ciucci
and certify that I am authorized to do so.
Date:
Ilc /(/7
I I I
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v.~,,, "j ( ""C'rJ
'/Authorized Agent
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Mailing,,address:
fF ,y<, ('c..A (/
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L ,I 7-1:(..1- ("L'
;(;."G'-
IP//
/703
MAHI(, VI;!:I"\ L AND I'UH(IN~~ i\ I I UHNI Y', ^ I lAW \ ;'10 I ^',! 1{I~J(, '; rf~U:' 9tH'l'fN'iIIUl(f" P^ I I ;~'; 1 1 '\')7
..
-
",AY ? R J99~ '
RICIIARD!.. IIY:\IS.
Plaintiff
I~ I III ('()\ ilU Ill, (,O\l\HlN PI.I.AS OF
('I'\1III.I(I.A:\D ('01 iN IY.PI.NNSYI.V ANIA
\
CIVIl. ACTION. 1,\\\'
TINA M. ('III( '('1.
Iklcndanl
Nl), '1l!.1>2,17 CIVil
IN ('1 :Sr< ll>Y
('( win () 1m E R
AND NOW. this )_~, day of ~ IlJlJlJ, upon Cllnsid~ratiol1 of th~ alla~hcd Custody
Conciliation Rcport. it is ordercd :U1d dircctcd that tho 1(,lIowing tcmporary custody ordcr is cntcrcd:
1. Tho Fathcr, Richard I.. lIyn~s. shall onjoy tcmporary physical custody of thc minor
childrcn Adam M. llyncs, nom AlIgusl 1'). 19')) and Aaron M. llyncs. nom Ocloncr
14.1993.
2. Uponthc Mothds rcloasc Irom prison, th~ Mothcr shall cnjoy pcriods of tcmporary
custody at such timcs as agrccd upon hy thc partics.
3. Upon Mothcr's rclcas~ from prison. counscllor thc Mothcr may contact the Custody
Conciliator to schcdulc an immcdiatc Conciliation Confcrcncc to addrcss thc
cuslody issllo. Additionally. a Conciliation Confcrcncc is schcdulcd for Thursday,
July 29. 1999 at 8:30 a.m. on Iho 4tl. Iloor hcaring room, Cumbcrland County
Courthousc at which timc all partics and thcir attomcys should appcar.
BY THE C
J.
cc:
Joan Carcy, Esq.
Jcrry Wciglc, Esq.
~,...L-w ,"'"',....J.cA ic/3/~('->
I{I('IIARD I.. IIYNI,S.
Plainlit't'
IN TilE COlIRT OF COMMON PLEAS OF
CIJMBI':RLAND ('OUNlY,PENNSYLV ANIA
('IVII. ACTION - LA W
\'
TINA 1\\. ('\lICC\,
Ikl'ondant
NO. 98.6237 CIVIL
IN CUSTODY
Prior Judg~:
CONCILlA nON CONFERENCE SUMMARY REPORT
IN ,\('COIWANCE WITII TilE CUMBERI.AND COUNTY CIVIl. RULE OF PROCEDURE
1915.3-8(b). tho ul1lkrsign~d Custody Con~ilialOr submits th~ t<lllowing r~port:
1. Tho portin~nt int<lfInation p~rtaining to th~ childron who arc th~ subj~ct ot' this litigation is
as Illllows:
Adam M.llynos, born August 19. 1991; Aaron M.llyn~s, born Octobcr 14. 1993.
2. A Conciliation Conference was held via a telcphonc confcrcncc involving thc Conciliator,
Allomcy J~rry Weigle on bchalt' of thc Fathcr. Richard I.. Hyncs, and Attorncy Joan Carcy
on bchalf ot' the Mothcr. Tina M. Ciucci. Attorncy Carcy indicatcd that shc has not becn in
touch with Ms. Ciucci and she objectcd to the conducting of any type of confcrcnce in light
of thc fact that thorc has bccn no fornml noticc scnt rcgarding the mattcr.
3. The procodural history of this casc is that thc Fathcr pctitioned for modification of custody.
Lcgal Serviccs. Inc. was reprcscnting tho Mother. and thc parties agrccd to a gcneral
continuancc. Mothcr has rccently been incarccrated and Fathcr has not heard from Mother.
Fathcr is mcrely sccking a tcmporary order giving him custody of the children pending thc
Mothcr's releasc and the schcduling of another Conciliation Confcrence.
4. Attorney Carcy objectcd to thc Conciliator recommending any action to the court becausc of
thc fact that no petition had been filcd and also bccause she had not had any opportunity to
consult with hcr client who is in Franklin County Prison.
5. Thc partics agrecd that the children are in the custody of the Fathcr and that the Mother is in
prison. Based upon that fact. the Conciliator rccommends an order in the form as attached.
[~vl qr
"
'11'hP
RfCllARD I.. IIYNES.
Plaintiff
1:\ II/I, ('01 iln OJ. (,O~I~ION Pl.h\S OF
('1 '~llllJ{l.:\NI> ('( II ':\TY. PENNSYLVANIA
v
('IVII. :\( 'lION - I.A \\'
TINA M. CIlICC/.
Dcli:ndant
NO. 11X.('~.\7 ('IVII.
IN ('I JSTOI>Y
COIIIH OlmER
AND NOW, Ihis 1 ft41 day of Soptombcr. IlJlJlJ. upon considoration of tho attachcd Custody
Conciliation Rcport. it is ordcrcd and diroctcd as 1"lIows:
I. This Courfs prior Ordcr of Juno~. IlJlJlJ is vacatod.
2. Thc Fathcr, Richard I.. Ilyncs. and thc Mothcr. Tina M. Ciucci. shall cnjoy sharcd
Icgal custody of Adam M. I/yncs. bom August IlJ. llJlJl: and Aaron M. I/yncs. born
Octobcr 14, IlJlJ3.
3. Thc Fathcr shall cl\ioy primary physical custody of thc minor childron.
4. Thc Mothcr shall cnjoy tomporary physical custody of tho minor childrcn at thc
following timcs:
A From Friday. Scptombcr 17. IlJlJlJ allcr school until thc lallowing
Sunday at 7:00 p.m.
B. On Monday. Scptcmbcr 27th allcr school until thc following Tuesday
moming whon thc childron shall bc dolivcrcd to school.
C. On Friday. Octobcr I" alicr school until Sunday of that wcckcnd at
7:00 p.m.
D. On Octobcr 12th aller school until thc following moming when the
childrcn shall bc dclivcrcd to school.
5. The parties shall mect again for a Custody Conciliation Confercncc on Thursday,
October 14. IlJlJlJ at 3 :00 p.m.
6. It is anticipatcd that thc Mothcr"s pcriods oftcmporary custody shall bc expanded at
thc ncxt Custody Conciliation Contcrcncc assuming Ihcrc have bccn no problems
with Mothcr"s visitation.
7. The Mothcr shall provide thc Fathcr with an opportunity to inspcct the Mother's
homc if the Fathcr so dcsircs.
'i1Ni,\li.SNN3d
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RICIIARD J.. IIYNES.
I'lainti 1"1'
IN II II, COIIRI OH 'O~I\lON I'I.!'AS OF
('( i:\IIlI'RI.ANIl ('Ol ,NIY. I'I;NNSYI.VANIA
\'
C/V/1. ACTION - 1.,\ \\'
TINA M. CIl IC('I,
Del~ndant
NO. ')X'(,~.\7 ('lVII,
IN ('liS IODY
Prior Judge: Edward E. (juido
CONCIUA TION CONFERENCE SUMMARY REI'OIn
/N ACCORDANCE W/III TilE CUMIlI;RI.ANIl COUNIY CIVIL Rill.!, OF PROCEDURE
1915.3-X(h).the undersigned Custody Conciliator suomils the I(lllowing report:
I. The portinent inl(lnnation pertaining to the children who arc Ihe suo;eel of Ihis liligillioll is
as tollows:
Adam M. I lynes, horn August 19. 1991: and Aaron M. Ilynes. oorn Oetoher 14. 1993.
2. A Conciliation Conl~ronce was held on Septemher 14. 1999. with tho filllowing individuals
in attendance:
The Father. Richard J.. Ilynes. wilh his counsel. Jerry A. Weigle. Esquire: and tho Mother,
Tina M. Ciucci. with her counsel. Joan Carey. Esquiro.
3. The partics agrce tn the cntry 01" an ordor in the limn as attached.
?!;.r-( err
D TE
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.
I~J)
RI(,IIARDI.. IIYt\I:S,
Plaintiff
I~ 1III'((lI'RI (ll ('()~I~I()~I'I,I:AS(IF
('I '~IIIII(J ,,," ('( lI'~ I Y.PISNSYIVANIA
v
('1\'11 .\(' II()~ . 1,\\\'
TINA M. (,llI(,(,1.
Ikli:ndant
~(). 'IX.h2,17 ('1\'11
IN ('I :s I (lilY
('onn OIWEI{
AND NOW, this ..tJ~ay of Octohcr. 1'11)'1. upon considcration of thc attach cd Cuslody
Conciliation Rcport. it is ordcrcd and diroctod as lillhl\\s:
I. A hcaring is schcduled in Courtroom No.5 of Ihc Cumhcrland County Courthousc
on thc 6th day of Dcccmhcr. 1'1'1'1. al 'I:1I0 a,m. at which limc tcstimony will hc
takcn in thc ahovc casc. At thi.; hcaring. thc Mothcr. Tina M. Ciucci, shall hc thc
moving party and shall procood initially with tcstimony. Counscl tilr thc partics
shall tilc with thc court and opposing counsel a mcmonmdum SOiling lorth thc
history of custody in this casc. a dotailcd listing of thc issucs currcntly bcforc this
court. a list of witncssos who will tcstify on hohalf of thaI party and a summary of
thc anticipatcd tcstimony of cach witncss. This mcmorandum shall bc tilod at least
10 days prior to thc mcnlioncd hcaring dalo.
2. Pcnding furthcr ordcr of this conrt. tho cxisting ordcr providing Fathcr with primary
physical custody shall continuo. Mothcr's pcriods of tcmporary physical custody
shall hc cxpandcd to thc fi.ll1owing timcs:
A. On altcmating wcckcnds from Thursday aftcr school until Monday
morning whcn Mothcr shall deliver thc childrcnto school.
B. On thc Monday a!lcr thc wcckcnd Mothcr docs not have custody,
from a!lor school on Monday un Iii Tucsday morning whcn she shall
dclivcr thc childrcnto school.
3. In all othcr rospccts.lhe court's prior order of September 18, 1999 shall remain in
clTcct.
4. The children shall rcmain in thc Shippcnsburg school district pending the entry of a
pornmncnt ordcr a!lor thc hcaring in this casc.
cc:
Jerry A. Wciglc. Esquirc
Joan Carey, Esquirc
BY'~
1.
Edward E. Guido I
..c~.JJ fln;j~ci Ie ..J,:J.'99 1\21<
,'r.,'(
>: (,:'~T ?:.: "'''' ij: I !~
I'
RIClIMD I.. IIYNI'S.
I'lainlil1'
IN TIIH'O\ IIU OJ' COMMON I'I.I'.AS OF
('\ IMBERI.AND ('OllNTY. PI'NNSYI.V ANIA
CIVIL A('TION - LAW
\'
TINA M. ('1\ 1('('1,
Dcfcndant
NO.9K.6237 ('IVII.
IN CllSTODY
Prior Jud!,\c: Edward E. (iuido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITII TilE CUMBERLAND COUNTY CIVIL RULE Of PROCEDURE
1915.3.K(b). thc undcrsignod Custody Concilialor submils thc followin!,\ rcport:
I. Thc pertincnt inli.,rmation pcrtaining to the childrcn who aro the subjcct of this litigation is
as 1(,lIows:
Adam M. Ilynes. born Au!,\ust 19. 1991; and Aaron M. I Iyncs. born Octobcr 14, 1993.
2. A Conciliation Conlercncc was held on Oclobcr 14, 1999, with thc following individuals in
allcndancc:
Thc Fathcr. Richard L. lIyncs, with his counscl. Jerry A. Wciglc, Esquirc; and thc Mothcr,
Tina M. Ciucci. with hcr counsel. Joan Carcy, Esquirc.
3. Thc parties wcre bcforc tho Conciliator in Scptcmbcr at which time thcy a!,\recd upon an
order in anticipation thatthc Conciliator would review thc casc onc month latcr and suggest
an expandcd visitation for thc Mothcr if cvcrything was going well. Evcrything has gone
wcll with visitation sincc September. Howcver, at this timc the Mother is sceking what is
esscntially a 50/50 sharcd physical custody arrangemcnt. father is unwilling to agree to
such expanded time to the Mothcr. Fathcr notcs that the Mothcr was in jail for six months
this ycar and prior to thattherc is a disputc as to the exact amount of timc the Father was the
primary custodian as comparcd to the Mother. Mother asserts that she has been the primary
custodian in thc past and that her lite has tumcd around and thc prison situation is well
behind her.
4. Thc partics cannot agrec upon the entry of an ordcr and a hearing is rcquired. The Father is
talking about relocating from the Shippcnsburg area to the New Cumberland area which
would require some type of modification ofthc existing order. The Conciliator recommends
the entry of an order in the forn1 as allached as a temporary order pending the hearing.
~
DATE
a
Hubert X. Gilr , Esquire
Custody Conciliator
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RICI 'All () I.. IIYNI:S,
I'lainlilT
:1:\ 1111: ('O\:in or ('(l\I~ION I'I.I:AS OF
:('1 '\IIlFRI.A:\() (,()I iNIY.I'FNNSYI.VANIA
"S.
:('1\,11. A(,TI()N LAW
TINA M. CllI(,(,1.
Iklcndanl
:1';0. I)X-h2.17 ('IVII.
:I~ ('IIST()I>Y
PETITION OF PLAINTIFF'S COIINSEL FOI{ LEA VE TO WITIIURA W
Thc pctition of Jcrry A. Wciglo, Esquirc, rcspcctlillly rcprcscnts:
I. Your pClilioncr was rctaincd by thc plaintiff in thc abow captioncd mattcr to rcprcscnt
him in a child cuslody mattor pursuant to a fco agrccmcnt datcd Soptcmbcr 4, 1998. A
copy of said lec agrccmcnt is attachcd hcrcto and madc a parI of and markcd pctitioncr's
Exhibit "A".
2. Pursuant to said lec agrccmcnt your pctitioncr prcparcd and filcd a custody complaint
on behalf ofthc plaintiff on or about Novcmbcr 10, 1998.
3. Sincc Iho dato ofarrangcmcnt your pctitioner has providcd Ihc plaintilTwith compclent
and diligcnt adviec, counsel, and rcproscntation which has includcd oflicc consultations,
gathcring of information neccssary to prcparc a custody complaint, roprcscntation at
sevcral custody conciliation confercnccs and the rcquisilC prcparation and
correspondcncc ncccssary to adequatcly roprcscntlhc plaintiff prior to, at, and subscquent
to said conciliation conlercnccs.
4. During thc coursc of thc rcprescntation. your pctitioncr has submitted pcriodic
itemizcd billings for scrviccs rcndcrcd through Dcccmbcr 14, 1999. A copy of
MARK, WEIGLE AND PEI~KINS _ ATTOlmEVS AT LAW 12G EN;T KING STm::ET .. 5HlPPENSLlURG, PA 17257.1397
petitioner's most recent billing statement dated October 25, 1<)99 is allached heretll and
made a part hereof and marked petitioner's Exhibit "n".
5. Plaintifl'prescntly owes your petitioner $1.353.00, through December 14.1<)9<)
pursuant to the Ice agreement entered into.
6. PlaintilThas only paid your petitioner a total of three hundred tilly ($35(1.00) dollars
toward fees and costs in the case since the beginning of petitioner's representation.
7. Your petitioner has contacted the plaintilTboth orally and in writing on numerous
occasions with respect to the account balanee due and payable amI has received promises
from the plaintiff every time thai the aceount balance would be brought eUITent and
additional retainage posted.
8. Plaintifl's promises have gone unfulfilled to date and an account balance cUITently
exists in the amount 01'$1,353.00.
9. A custody trial date has been set by the eourt tor Friday, March 24, 2000, at 9 a.m.
before Judge Guido.
10. The continued representation of plain tilT without payment of petitioner's fees, or the
prospeet of such payment, has resulted and will further result in an unreasonable financial
burden on petitioner, and good eause exists therelore under Rule 1.16 (e)(5) of the
Pennsylvania Rules of Professional Conduct lor petitioner's withdrawal.
II. The plaintiff has more than sufficient time to retain new counsel if he so desires to
continue his representation in this matter prior to and at trial.
12. Counsel for the delendant has been consulted and has no objection to petitioner's
withdrawal from the ease provided that the afore-mentioned trial dale is not delayed
because of your petitioner's withdrawal.
MARK. WEIGLE AND PERKINS - ^TTOI~NEVS AT LAW 1.~t> E^~;l KIN(, 51fH~Ll ~,IIIPPENSllUIlG. "A 112!;"I.I~\'::n
WIIEREFOIU:. pelitioner requests Ihis Ilonorahle ('ourt 10 grant pelitioner
leave 10 withdraw his appearance on behalf of the plaintiff in this action.
1
MARK, Wlm;~.E ANI) Pll~.1
, (I L, It. 1fJ: .'
n}~lj__._____ .."V.! /~
Je[ry ;\~-~eigle
Petitioner and Attorney for PI<U/1tifT
MARK. WEIGl.E AND Pr:f~I<INS A' rORrJ!~Y~; AI LAW
';'1, LI',~.r KINI, ~rr~LLr
SHH>PLNSHUH(" "A I '17.~71 :1<)7
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MARK, WEI<;U: AND PERKINS
A I/IIT",'y.I'-III-LII II'
Jl:llIlY.\.WW;U:
n.\\'1IJ 1'.I'.:Uh:I:\S
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^\\udlllr
I U.U'1I0:'lil: (17) ~J2.7JHH llr (717) 77(,..Ht,S
I;,\:X (717) !iJ2,(,~!i2
Seplemher 4, 1998
Richard L. Ilynes
24 Hollar Avenue
Shippcnsburg. PA 17257
Dear Richard:
We are pleascd that you have asked our firmlo represcnt you with rcgard to custody mattcrs. This
lctter sets forth thc understanding coneeming our reprcscntation of you. Our representation shall
become cffeetivc upon our receipt of the retaincr fce and a eountcrsigncd copy of this letter.
I. You hereby agrcc to pay our tirm a retainer fee of Three Hundrcd Fifty Dollars ($350.00) lor the
purpose of assuring our availability in your matter. Your retainer fee will ineludc the initial
consultation, and the balanec will be credited to your account for serviccs to be performed in the
future.
2. We fcel that the most equitable basis for our fec is to determine how much time is spent on your
matter. It is impossiblc to dctermine in advancc the amount of timc that will be needed to completc
your case. Our billing is based on an hourly rate of $1 00.00 pcr hour. This hourly rate will prevail
until December 31, J 998; after which, due to rising costs and overhead expenses, the hourly rate will
be subject to increase in accordance with the then-existing hourly rate schedule. We will bill you
regularly on a time-expcnded basis. Although we do scnd itemized bills as a matter of course, we also
maintain in our officc records of time used for conlercnces, telephonc calls, drafting documents,
research, court time. and, if necessary travel time. Thesc records will bc available to you upon
reque,;t. Fractions of hours are compmcd in pcriods of not less than one-quarter (1/4) of an hour, and
the interruption of other work is taken into consideration. I I' some of the work on your case can be
done by a paralegal assistant or by a law c1crk whosc hourly time rates are substantially lower than
mine, to the extent that their timc is utilizcd, thc overall fee will be lower. You will not be billed for
clerical or secretarial time.
3. We expect you to kecp current with our billings. 111 thc e\'entthere is an unpaid balance aftcr 30
days, each subscquent billing will includc an additional billing chargc of$IO.OO which you agree to
pay in order to co vcr our time and additional costs in handling your account. We reserve the right to
tcrminate our attorncy-c1ient relationship for nOIl-paymcnt of fecs or costs. All bills are due and
payablc upon rcceipt.
4. In addition to attomcy's lees. you are rcsponsiblc for paymcnl of costs associatcd with this mattcr.
Costs arc our oUl.ol~pockcl expenscs. such as filing Ices. transcripts. photocopies, long distance
EXHIBIT ^
""1.1 \ \111. \1'Uk "'..~ 1"'U1,
MARK, WEIGLE ANI> I)EI~KINS
A /fIlTllq.\'-III-I.tl I\'
I~',I '....1 kl",:qIU II
....1111.1'. "11I11(.,1'1 "...., I' "I' I"~~"-IJ""
JlIlII\ \. \1I1l;1I
11\\'11) 1',I'lllkl\'
.\ulIcl.lr
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I \\ 1..1~1 ".n.t,~~!
lJe(emher 1.1. I 'J,),)
Richard L Ilyncs
507 Water Streel
Ncw Cumberland I' A 17070
For Profcssional Scrvi(es Rendercd
Ilours
Amount
10/25/99 Preparation of letter to Attorncy Carey and letter to dient
025
11/3/99 Miscellancous calls regarding rescheduling of custody hcaring
0.50
11117/99 Call from Legal Scrviccs. Inc. - s:.ort corrcspondcnce to dient
regarding rescheduling of custody trial
0.25
For professional services rcndercd
1.00
Additional charges:
12114/99 Billing Fee
Total costs
Total amount of this bill
EXHIBIT B
12.50
50.00
25.00
$87.50
10.00
$10.00
$97,50
Richard r.. 1l}'II""
Page
2
A [Ill!!!!!!
Billal1l:l' as pCI priol' Statcmcnt
$I.2SS SO
Balance dlfe
$UHOO
PA YMENT IS DUE (IPON Rl'n:WJ' OF TI liS BiLl.
PLEASE MAKE ('J II'CK PA YABLE TO "i\IARK, WI'I(jl.l: ,\ND PERKINS"
A hilling fce of ten dollars ($ I 0 (0) pcr monthly slatemcntllill he charged atier thirty (30) days
fEB 2 - 2000
WEIGLE, PEI~KINS & ASSOCIATES
Att(l"'~r.NII.LIIII'
l~f.1 \'1 kl'(i'IIUII
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Fchruary I, 2000
Ilonorahle Edward F. Ciuido
Court I louse
I Courthouse Square
Carlisle,l'A 17013
Re: Ilynes v. Ciucci
IllJX - 6237 Civil
Custody
Dear Judge Guido:
I havc bccn advised by .loan Carey that she will be pctitioning thc Court to eancelthe
custody trial set for March 24. 2000, at 9:00 a.l11. in the ahove captioned matter. You will
notc on your calendar that my pctition to withdraw as counscl for Mr. I-Iynes for non-
payment of counsel fees is due to be heard on Wedncsday, February 10,2000, at 9:00
a.m. Due to counsel's anticipatcd request to cancel which should bc filed today, it will
not bc neccssary for mc to cxpend additional hours of time to preparc lor trial. Under
these circumstances. I am willing to stay in the case assuming that payment will be
torthcoming as promised. Therefore, Court time will not bc requircd next weck. Your
chambers suggcsted thaI I contact the Courl by Icllcr and that a short order continuing my
request to withdraw as counsel could be entercd. If you would prcler that a formal
petition be presented, I will do so immcdiately.
Thank you for your timc and allention givcnto this rcquest.
Vcry truly yours,
-,ElOLlC "ERKINsj,"
'-~5,; l
IATES
JAW:rrw
Cc Joan Carey. Esquirc
;It'! ..2(1(1 :. 2'/1'11
FPUI M IGLf: Pr:r..'lo':ltJ':. A'.')'~lOC 5~;? f)~~r,2
P. I
JUUIY A. WUGI.I,
DAVID r. HRKI.'S
WEIGLE, PERKINS & ASSOCIATES
Attorneys-at-Law
UHAHKNGSTllEU
slIlpnSSDI'RG, rt/'lI"Sn\'.ANJA 17257.1)97
TlLtI'/I0Sl(711) !<'\1.111B 0' (117) 11'-'l?~
fAX (1111 ~JZ.GY,l
"nOli,1t
JOSU/I r. RI'ANI:
fACSIMilE TR"Nsr~ISSION COVER SH~ET
FROM:
l~ERRY A. WEIGLE, ESQUIRE
_ DAVID P. PERKINS, ESQUIRE
_ JOSEPH P. RUANE, ESQUIRE
_ LINDA KLEIN, ESTATE ASSISTANT
_ RHONDA WOLFORD, BOOKKEEPER
_ PATTIE TOME, RECEPTIONIST
_ JEANINE BENDER, LEGAL ASSISTANT
~~~E){~ fiMdJ:JwJo
COMPANY:
ADDRESS:
TOTAL NUMBER Of PAGES:
;J
FAX No: r9LJO - (;L!(;{)..
RE: ~ V GIJ...CCI
DATE: deb. ~:JCfX)
MESSAGE:
IF YOU DO NOT RECEIVE A CONPlETE AND LEGIBLE COPY OF THIS TRANS~llSSION. PLEASE CALL
(717)532-7388.
CONFIDENTIALITY NOTrC"F' tHE DOCUMENTS ACCOMPANYING THIS FAX TRANS"'lISStO~~ MAV CONTAIN CONFIDENTIAl.
INFORMATION. AI.1. INFORMATION TRANsr1lTTcD IS INTENDED ONLY FOR THE USE OF THE A60Vf;-NAMED RECIPIENT. IF YOU
AR.E NOT THE NAMED Rl;CIPIENT, 'fau ARE NOT AUTHORIZED TO READ, DlSCLOSE, COPY, DISTRIBUTE, OR TA"'l; ANY ACTION
IN RELIANCE UPON THE INFORtMTI-:lN, AND ANY ACTION OTHI;R THAN IMMEDIATE DELIVERY TO THE NAMED RECIPIENT IS
$TAICTLV PROHIBITED, IF YOU HAVe RECEivED fHIS FAX IN ERROR, DO NOT READ THE; INfORMMION, AND Plt:ASE
IMMEOIATelY NOTIFY SENOfR BY TELEPHONI: TO ARRANGE FOR A RETURN or- THE ORIGINAL DOcuMENTS, IF YOU ME THE
NAMEO RECIPlfNT, yOU ARE NOT AUTHORIZED TO REVEAL ANt OFTHtS INFORMATION TO ANY OTHER uNAuTHORIZEO
PERSON, AND ARE HeRF.BY INSTlWCTED TO OfSTROY 'THE lNFORMATlor, WHEN NO LONG!;fl, NEeDED. If YOU 010 r.lOT
RECEIVE ALL. PAGCS LISTED OR IF ('AGES ARE NOT U::G,SLE, PLEASE (MMEDIATE:L.Y NOTIF"I' SENOF:R RY PHONE.
ORIGINAL
WILL
WIll NOT FOllOW IN MAIL
;>-(11.,;>00 3 ;>7P'1
rpo~' w',EIGLF PC r;'r: HJ'~ ^','~',',ur 11 ~~ f)l".:,r1;)
P 2
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WEIGLE, PERKINS & ASSOCIATES
AflornI'YJ-tll-I.UK'
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.I0SU'II p, KI ,,,.
ri"t LJ'UO" ("j;'i'<ii'1"Ji~o;-("I") 7,(.,41""
1"r'I","UM~J
h'hruary I. 7000
Honorable Edward F. Guido
Court House
1 Courthouse Square
Carlislc, P ^ 17013
Rc: Hynes v. Ciucci
'198 - 6:37 Civil
Custody
Dear Judgc Guido:
I have been advised by Juan Carey that she will be petitiuning the Court to cancel the
custody trial set for March 24, 2000, at 9:00 a.m. in the above captioned maner. You will
note on your ealendar that my petition to withdraw as counsel for Mr. Hyncs for non-
payment of counsel fees is due to be heard on Wednesday, February 10,2000, at 9:00
a.m. Due to counsel's anticipated request to ,ancd which should be filed today. it will
not be neccssary for me to cxpend additional hours of timc to prcparc for trial. Under
these circumstances, I am y,illing to stay in the case assuming that payment will be
forthcoming as promised. Therefore, Court time "ill not be required next week. Your
chambcrs suggcsted that 1 contact thc Court by kner and that a short ordcr continuing my
request to withdraw as counsel could be entered. If you would prefer that a formal
petition be presented, 1 will do so immediately.
Thank you for your time and attention given to this request.
Very truly yours.
(TIGLE' 0"'"GJ'S
~VeiglC
IATES
JA W:rrw
Cc Joan Carey. Esquire
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Plaintifr l(c"polldc'llI
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lJerendalll ! Petitioller
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UJI'lfLWJm:n
AND NO\\'. this I ~da) of !-'ehrllar) 2000. upon consideration ofth~ alla~hed motion
and th~ consent of the partie's hy and Ihrnu~h Ihc'ir L'IlUlIsL'l. it is ordered :md dir~eted Ihat the
~ustody hearing scheduled Illr March 2-1. 2000 at '1:00 a.m. is eam:ekd without pre.iudi~e to either
party.
('our!.
lhe Order of (ktoher 21. I ')'1'}. remains in fulllllr~e and effe~t pending lilrther ()rd~r or
"'Iward I,:. Guido. Judge
Joan Carey - ..J~'. "-'''\.'I_'~''1 ',' n.,.:'\ J)'l
Attorney 1l1r Def~ndant I Petitioner
JcrryA. Weigle ''''-',-~~_.'\l\~~t _.~ -::"1'.
Attorn~y Illr Plaintifl'! Respondent
RICIIARD!.. IIYNES
: 11\ TilE COURT OF COMf\!01\ PI.EAS OF
: CUMBERI.I\1\D COU1\TY.PE1\t";SYI.VANIA
V.
TI1\1\ M. CIUCCI
1\o.IJX,h2.\7 CIVIl. T1:Rt\t
CIVIL ACTlO1\ .1.1\ \V
ORDER OF COURT
AND NOW. this 4'h day of FEI3RUAR y, 2000. the hearing scheduled for
February'>. 2000. on Plaintiffs counsel's Petition to Withdraw is continued generally.
BY~
Edward E. Guido, J.
Jerry A. Weiglc, Esquire
For the Plaintiff
r.L -I c""'flu:'J ,""..J1c1 Jh/{(1
Joan Carey, Esquire
For the Defcndant
:sld
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RICIIARIlI.. IIY:\I'S
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1lI'I'TSIlI\1
OIWI,:/{ OF COllin
AND NOI\'. .
~l()IHla~'._ Ill'l'l'l11hcr 19. ZOOS
. lIf1lllll:'On:-.idl'riltiollllfthc att;H..'lll..'d Complaint.
it is hereby dircL"tcd that rartics ;IIH.I their n,:spl.,cti\"c l.:oUlbcl appear h\",ron.: lIuhl'rl X. Gilroy. ES(I. . the CllIH:iliator.
at_.....-!!~,"-I~o.~.,_c:_Unl.~erl.nd COUIII~~Cllurlhuu'e, Carli,le Oil FrldllV. J'~nulIrv 211, 2111111. a( 111,311 AM
for a Prc-Ilcaring Custody t'llllt"l..'n..'I1l.:I.'. Al SUL'h l:'onll..'J\.'IH:C. all I...rrlxt will hl.' l1ladl.' to n:soln,' thc issul.'s in dispute; or
if this eunnol he ;:u.:complishcd. to ddine and narro\\ th\,.' iSSll~S to be hl:ard hy the l:'Ollrl. and to cllIcr into a h..'l11porary
order. AlIl.:hildrl.'ll it!!\.' tin.' or ohkr Ill;!\ alsn hI.' pn....s\,..lll at thl.' \,..onli,:n.:IH.:l.... Failurl' to apPI.;ar al the l.."onferelll.."l..' m:\\'
pro\'id~ grounds for entry or a h:mporary or pl,.'rmalll..'llt onkr.
The court hl.'rL'h)' directs the parlies to furnish any and all t'xistillg Prult'ctiulI from Ahuse urders,
Special Relier orders, and eustod\' orders to Ihe eoudliatur -IX hours Ilrior to ,eheduled hearin~.
FOR TilE COLRT.
By: M
HYQc(lX. Gilr:oy,!,:sq,.
Custody COlll..'iliator
: 'v
- ~-.: -rl - -- -
!-"
The Court of Common Picas of ('lllllhl..'rl:llId County is rl..'quired by law to comply with the Amcrkans
with Disahilites Aclor 1990. For inl'ormation about accessihk nlcilities and reas(lIlablc :u:coml11odations
available to disabled individuals having business ht.:l'orc the court. plc~lst.: contact our oflice. All arrangements
must be made at least 72 hours prior to any IH:aring or busil1l.:ss bt.:fllrt.: lhe l.:ourt. You must attend tht.: scheduled
confercnce or hearing.
YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE. GO TO OR TEI.EPI lONE TilE OFFICE SET
FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELl',
Cumhcrland COllnty Bar Association
3~ South Bedl<ml Street
Carlisle. I'ennsylvania 17013
Telephone (717)~4l),3IM
J!~;~
F;Lf,:I'~{'~i .(.\:
G:= TL[ ;-. ."" .~,'.~.:'(
ZQ1~ O::C 21 r.illl: I! 0
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RICIIARD I.. IIYNI'S.
PlailllilFRespolldellt
1:--': Till: ('OURT OF ('O:-.t:-'IO:--': PLEAS
ClIiVlIlERI.A:--':D ('OllNTY. PENNSYLVANIA
,ill I.J
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('IVII. TER:-.t
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TINA iVl. ('llIC('1 (tillTSIIAI.I.),
Ik 1l.'lldalllt'Pct il illllcr
1:--': ('USTODY
OIWER OF COURT
ANI> NOW. this ______ day or._~_______. 2005. 111'011 eOllsideralioll oC
thc Petition Itlr Contempt allll Modi Iication. thc Illllowing Ordcr is entered:
I. Dcfendant is in contempl of the Octohcr 21, 1999, Cllstody Order.
2. This mailer is schedulcd lor concilialion bcCore
on
, 2005, at
.m.
3. MOlhcr and Falhcr shall have shared Icgal custody of lhc children.
4. MOlhcr is pcrmillcd pcriods of partial cllstody on allcrnatc weekcnds until furlhcr
order of the court.
5. Mother is pcrmillcd reasonable tclcphone contact with the childrcn whilc thcy are
in Fathcr's custody.
6. Father shall providc Mother with all infonnation rclevant 10 Icgal custody 10
which she is cntitlcd such as school infonnation, doctor's visits, ctc.. in a limcly
manner.
By thc Court,
J.
other parentnoti lied with respc'etlo their c',nTellt addrc'ss and tclephllne
numher.
5. Fathc'r has willfully disoheyed the Order in ways inl'iuding. hut not limiled to.
the 1()lIowing:
a. Relilsing to permit MOlher to exercise her periods of partial cuslody
since April 2lJlJ5;
h. Rerusing 10 allow ivlo1her to have telephone contact with the children
since April 2lJlJ5.
6. Father is nol acting inlhe children's bcst interestl()r reasons including, hut nol
limited to. thc following:
a. Father is nol providing appropriate supervision lor the children. At lhe
end of the 2004-20lJ5 school ycar. Aaron was caught at school with
marijuana he said he got from Father's brcad box. Additionally, Adam
has becn in trouble at school because of tighting and has been
suspended on various occasions.
b. Fathcr has difficulty providing for the children's daily needs. Whcn
Mother was slill permitted to sce the childrcn, she would often buy
groceries for Fathcr's homc.
c. Father does not provide supervision in regard to thc childrens'
education and as a result, their gradcs and school perrormancc have
dcclincd.
d. Father docs not allow the children to participate in e.\tracurricular
activities which limits their social. emotional and physical
development.
7. MOlher is entitled to modilicd periods of partial custody, which is inthc bcst
interest of the children. (('I' reasons including but not limited to the ((lllowing:
a. Mothcr was the primary c~lrcgivcr since the children were horn.
Despite a period of incarceration. li'OIn Seplembcr 2002 to May 2(0).
Mothcr has had rcgular contact with thc children. Even during her
incarccration, Mother had contact with thc childrcn via tclcphone and
mail.
b. MOlhcr has provided for thc children's cmotional. physical,
cducational, and mcdical nccds and can continuc to providc lor thc
children's daily necds.
c. Mothcr now lives in Bcdford County, making it difficult for cithcr
party to comply with thc partial custody schcdulc in thc Octobcr 21.
1999 Ordcr. Moreover, such a schedule is inconvenicnt for the
childrcn and it would bellcr scrvc thcir intercsts to cstablish a more
reasonable custody schcdulc.
d. Mothcr has a stablc home cnvironmcnt and is ablc to providc
appropriatc supervision and shclter for thc childrcn on a fulltimc
basis.
S. It is unknown whcthcr Defcndant is rcprcscntcd and counscl for Plainti ff is
unablc to rcquest concurrcncc for lhc rclicfrcqucstcd in this Pctition.
,
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IUCII ,\IW J.. IIDiI':S,
!'Iainlil'f
1:\ TilE conn OF ('0:\1:\10:\ !'I.E'\S OF
(T:\IIIEltL\:\1l C()\ XI'\', !'I'::'I;:\SYI.\''\:'I;L\
\.
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'1'1:\'\ ,\1. (a:T.s:IL\I.I.(forrJll...I~ ('11 '('( 'I),: :\0.I)H-h2.17
Drl'rndllnt 1:\ (TSIOIl\'
('Ol'RT ORDER
AND NOW, this a".r( . da~' of ~_, 2006, upon ronsidcrlltion of thc
lIttached Custody Conciliation Rrport, it is ordcrrd that thc prior CUSlod~' Orders in this
casc arc vacatcd lInd rcplaccd with thc followinJ: Ordrr:
I. The fathcr, Richard L. H~'ncs, lInd thc mothcr, Tina 1\1. Gntshall
(formcrly Cincci), shall cnjo~' sharrd leJ:al custod~' of thr minor children,
Adam 1\1. Hyncs, horn AUJ:ust 19, 1991 and Aaron M, Hynes, horn
Octohcr 14, 1993,
2. Thc fathcr shall cnjo~' primar}' physiclll custody of thc minor ehildreu.
3. Thc mothcr shall cnjoy pcriods of tcmporary physical custody of thc minor
ehildren as follows:
a, On altcrnating wcckcnds from Friday at 7:00 p.m. until Sunday at
5:00 p.m.
h. At such other timcs as agrecd upon h~' thc partics.
4. Thc parties will mcct with thc Custody Conciliator again for a Conciliation
Confcrcncc on April 6, 2006 at 8:30 a.m. At that timc and assuming thc
IUCIIAIW I..IIY:';I':S,
1'1:lillliff
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TINA \1. (;IIT,iIL\I.I.(fornll'..l~ ('11'('('1),: :";0. '11l-c.Z.n
Ilrl'l'llllanl I:"; ('('STOIl\
Prior .Judgc: Edward E, Guido
CO;\'(.'IUATIO;"; CO:';I'EI{E'in: SI !\I\1ARY I{EPORT
IN ACCORDANCE WITII TilE Cl '\IIlERLA;";D COUNTY CIVIL RULE 01'
PROCEDURE 1915,3-Il(h), thc undcrsigncd Custody Conciliulor suhmils thl' followiug
rcport:
I. Thc pertincnt information pertaining to thc childrcn who arc thc SUbjl'Ct of this
litigation is as follows:
Adam 1\1. Hy'ncs, born August 19, 1991 and Aaron M. Hyncs, born Octobcr 14,
1993.
2, A Conciliation Confcrcncc was hcld on January 26, 2006, with thc following
individuals in attcndancc:
Thc fathcr, Richard L. Hyncs. who uppcarcd without counsel, and thc mother, Tinu
M. Gutshall (formcrly' Ciucci), with hcr counsel, Jessica Holst, ESlJuirc,
3. Thc partics agrcc to thc cntry of an Ordcr in the form as attachcd.
1-; fh.() Y
DATE
dlzt)Q
Hubert X, Gilroy', slJuire
Custody Concilh or
IUCIIAIW I.. IIYNES,
PllIintiff
IN TilE COllin OF ('OI\1:\ION PLEAS OF
ClIl\lIlERLANI> COllNTY,l'ENNSYLV ANIA
\'
NO. 9!l-(,237
CIVIL ACTION - LAW
TINA M. GUTSIIALL,
(formcrl}' CIlICCI),
Ilcfcndant
IN ClISTOIlY
Prior .Jud~c: Thc IIonorable Edward E, Guido
CONCILIATION CONFERENCE SlIMMARY REPORT
IN ACCOIWANCE WITII TilE CUMIlERLANI> COUNTY CIVIL IWLE OF
PROCEI>URE 1915,3-8(b), the undcrsi~ned Custody Conciliator submits the following
report:
I. Thc pcrtincnt information pcrtaining to the childrcn who llrc the subject of this
liti~ation is as follows:
Adam M. Hyncs, born Au~ust 19, 1991
Aaron M. Hyncs, born October 14,1993
2. A Conciliation Confercnec was hcld on April 6, 2006 with the followin~ indh'iduals in
attendancc:
Thc Fathcr, Richard L. Hyncs, who appcared without counsel
Thc Mother did not appear, but hcr attorney, Jcssica Holst, was in attcndancc
3.
Subject to the Mother having thc ability to ask for another eustody conciliation
confercnce and bascd upon thc discussion with thc Mothcr's attorney and thc Father,
thc Conciliator rccommends an Ordcr in the form liS attachcd.
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I>atc: April? ,2006
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
RICHARD L HYNES,
Plaintiff,
CIVIL ACTION - LAW
.
.
v.
NO.
9P- (,;).:Yt C'u, (~/Lh-)
:
TINA M. CIUCCI,
Defendant.
CUSTODY
ORDER OF COURT
----
AND NOW, this S day of November, 1998, upon consideration ofthe
attached complaint, it is hereby directed that the parties and their respective counsel
appear before 't\ hr\ 'f" ~\ \(~ ' G<,(J , the conciliator, at ih- 4~tl
.Mi1't~~(a\'a,~.C..1I'lh,.(\Cf\C\r6 .for. the g day of , Xl,\. ,,~ll'---'\ ,199'1,
at \ C) '. ~ () A. M., for a Pre-Hearing Conference. At such conference, an effort
will be made to resolve the issues in dispute; or if this caunot be accomplished, to define
and narrow the issues to be heard by the court, and to enter in to a temporary order. All
children five or older may also be present at the conference. Failure to appear at the
conference may provide grounds for entry of a temporary or permanent order.
BY THE COURT,
~\tf-,,); 'i.- ~~~I ~, .
Custody Conciliator i,U>)
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
schedule conference hearing.
YOU SHQULD TAKE THIS PAPER TO YQUR LAWYER AT QNCE. IF
YOU DO NOT HAVE A LAWYER QR CANNOT AFFORD QNE, GO TO QR
TELEPHONE THE QFFICE SET FORTH BELOW TQ FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA
Telephone Number 7I 7-249-3166
.
MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
RICHARD L. HYNES,
Plaintiff,
CIVIL ACTION - LAW
:
v.
NO. q J- {,.2 0} 7 CZc'.J 'TZ.__
TINA M. CIUCCI,
Defendant.
CUSTODY
COMPLAINT FOR CUSTODY
I. The PlJlintitr is Richard L. Hynes, presently residing at 24 Hollar Avenue,
Shippensburg, Cumberland County, Pennsylvania 17257.
2. The Defendant is Tina M. Ciucci, presently residing at 159 Louden Street,
Chambersburg, Franklin County, Pennsylvania 17201.
3, PlJlintitr seeks custody of the following children:
NAME
PRESENT RESIDENCE
AGE
Adam M. Hynes
Aaron M. Hynes
24 Hollar Avenue, Shippensburg, PA 17257
24 Hollar Avenue, Shippensburg, PA 17257
7
4
The children were born out of wedlock.
The children are presently in the custody of Richard L. Hynes, who resides at 24
Hollar Avenue, Shippensburg, Cumberland County, Pennsylvania.
During the past seven years, the children have resided with the following persons and at
the following addresses:
Residencesfor Adam M. Hynes, born on August 19,1991, are asfollows:
NAME
Richard Hynes & Tina Cuicci
Richard Hynes & Tina Ciucci
Richard Hynes & Tina Ciucci
Richard Hynes & Tina Ciucci
Richard Hynes & Tina Ciucci
Richard Hynes & Tina Ciucci
Richard Hynes & Tina Ciucci
Richard Hynes
Richard Hynes
ADDRESS
Shellsburg, Bedford County, P A
Imler, Bedford County, PA
Upper Klahr, Bedford County, PA
Rt 30, Shellsburg, Bedford County, PA
129BoozRd, Franklin County, ShippensbUl&, PA
323 Yz Roxbury Rd, Cumberland County, Shippensburg, PA
113 Shamar Ave., Franklin County, Shippensbnrg, PA
113 Shamar Ave., Shippensburg, Franklin County, P A
24 Hollar Ave., Shippensburg, Cumberland County, PA
DATE
8/91 - 6/93
6/93 - 9/94
9/94 - 1/95
1/95 - 6/95
6/95 - 2/97
2/97 - 7/97
7/97 - 9/97
9/97 - 11197
11/97-present
MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
Residences/or Aaron M. Hynes, born on October 14,1993, are as/allows:
NAME
Richard Hynes & Tina Ciucci
Richard Hynes & Tina Ciucci
Richard Hynes & Tina Ciucci
Richard Hynes & Tina Ciucci
Richard Hynes & Tina Ciucci
Richard Hynes & Tina Ciucci
Richard Hynes
Richard Hynes
ADDRESS
Imler, Bedford County, PA
Upper Klahr, Bedford County, PA
Rt. 30, Shellsburg, Bedford County, PA
129 Booz Rd, Franklin County, Shippensburg, PA
323 Yz Roxbury Rd, Cumberland County, Shippensburg, PA
113 Sharnar Ave., Franklin County, Shippensburg, PA
113 Shamar Ave., Shippensburg, Franklin County, PA
24 Hollar Ave., Shippensburg, Cumberland County, PA
DATE
6/93 - 9/94
9/94 - 1/95
1/95 - 6/95
6195 - 2/97
2197 - 7/97
7/97 - 9/97
9197 - 11/97
11I97-present
The mother of the children is Tina M. Ciucci, currently residing at 159 Louden
Street, Chambersbmg, Franklin County, Pennsylvania. She is single.
The father of the children is Richard L. Hynes, currently residing at 24 Hollar
Avenue, Shippensbmg, Cumberland County, Pennsylvania. He is single.
4. The relationship of Plaintiff to the children is that of father. The Plaintiff
currently resides with the following persons:
NAME
Adam M. Hynes
Aaron M. Hynes
Robin Teasly
RELATIONSHIP
Son
Son
Friend/Roommate
5. The relationship of Defendant to the children is that of Mother. The Defendant
currently resides with the following persons:
NAME
RELATIONSHIP
Tina Ciucci, mother, is currently living alone.
6. The Plaintiff has participated as a party in other litigation which, in part, concerns
the custody of the children in another jurisdiction as follows: a protection from abuse
action filed by the Defendant in this action, Tina M. Ciucci, was filed to No. 506 for the
year 1998, in Bedford County, Pennsylvania. Copies of the Orders of Court entered by
the Bedford County Court dated June 19, 1998, and July 6, 1998, are attached hereto,
made a part hereof and marked Plaintiff's Exhibit Numbers 1 and 2 respectively.
7. Plaintiff has no information of a custody proceeding concerning the children
pending in this or any other jurisdiction at this time.
8. Plaintiff does not know of a person, not a party to the proceedings, who has
physical custody of the children or claims to have custody or visitation rights with respect
to the children.
MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
9. The best interest and pennanent welfare of the children will be served by granting
the relief requested for the following reasons:
a. The Defendant has had and continues to have a substance abuse problem,
which renders her physically, mentally and emotionally unfit to be the primary caretaker
of two minor children of elementary school age.
b. The Plaintiff'is better able to provide the stability that both children need at
this stage in their young lives.
c. The children presently receive much love, care and attention in the home
of the Plaintiff and in the home of the Plaintiff's parents, who live close by.
10. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody of the children 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:
NAME
ADDRESS
BASIS OF CLAIM
NONE
WHEREFQRE, Plaintiff requests the Court to grant both legal and residential
custody of the minor children to the Plaintiff.
MARK, WEIGLE AND PERKINS
BY\-
A. Weig ,Esquire
A . omey for Plaintiff'
LD.# 01624
126 East King Street
Shippensburg, PA 17257
7I 7-532-7388
,
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MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG, PA 17257.1397
VERIFICATION
I verify that the statements made in the foregoing Complaint for Custody are true
and correct. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities.
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IN THE OJURT OF CDMMJN PLEAS OF BEDFORD COUNl'Y, PENNSYLVANIA
TINA CIUCCI,
No. 506 for the year 1998
Plaintiff
vs.
Civil Action - Law
RIC'fARD HYNES,
Defendant
Protection fran Abuse Act
ORDER OF COURT
And now, June 19, 1998, the Order of the Court is as follows:
1. The hearing scheduled for this date on the Petition for Relief
under the Protection fran Abuse Act, filei in the above-captionei matter, is
hereby continuei to t-bnday, July 6, 1998, at 3:00 o'clock p.m.
2. In the interim, the Temporary Protection Order, datei June 10,
1998, shall remain in full force and effect, except that the defendant,
Richard Hynes, shall be perrnittei contact with the plaintiff for the purpose
of exchanging the children, Adam Hynes and Aaron Hynes, for custody purposes.
3. In the interim, the plaintiff, Tina Ciucci, and the defendant,
Richard Hynes, shall share legal and physical custody of their minor
children, Adam Hynes and Aaron Hynes, with the plaintiff, Tina Ciucci, having
custody of the said minor children fran June 23, 1998, at 5:00 o'clock p.m.
Plaintiff's Exhibit 1
.' .
II
to July 1, 1998, at 5:00 o'clock p.m., and the defendant, Richard Hynes,
having custody of said minor children fran June 1, 1998 at 5:00 o'clock p.m.
to the time of the continued hearing.
Counsel:
The plaintiff pro se
220 N. Spring Street
Everett, PA 15537
The defendant pro se
24 Hollar Avenue - Apt. 4
Shippensburg, PA 17257
By f1i~~, !\
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P.J.
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IN THE CDURT OF CXJMMON PLEAS OF BEDFORD CDUNrY, PENNSYLVANIA
TINA CIUCCI,
No. 506 for the year 1998
Plaintiff
vs.
Civil Action - Law
RICHARD HYNES
Defendant
Protection frem Abuse Act
ORDER OF COURT
And now, July 6, 1998, the Order of the Court is as follows:
1. The defendant, Richard Hynes, shall refrain frem abusing or
harassing the plaintiff, Tina Ciucci, in any manner and at all times and
places.
2. The defendant, Richard Hynes, shall have no contact whatsoever with
the plaintiff, Tina Ciucci, while this Order is in effect.
3. This Protection Order shall remain in full force and effect for a
period of six (6) rronths fremthis elate.
4. Upon violation of this Protection Order, the Court in an appropriate
proceeding may hold the defendant in contempt and punish him in accordance
'vi th the law.
5. A ropy of this Protection Order shall be issued to the plaintiff, to
the defendant, to the Bedford Barracks of the Pennsylvania State Police, and
to the Sheriff of Bedford County.
Plaintifffi's Exhibit 2
.
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6. The costs of this proceeding shall be paid by the defendant, Richard
Hynes.
7. Inasmuch as no hearing was held in this llI3.tter, a surcharge pursuant
to Act 85 for 1994 shall not be assessed.
P.J.
Counsel:
The plaintiff:-
Robert J. Freerran, Esquire
'lhe defendant:
24 Hollar Avenue,
Shippensburg, PA
- Apt. 4
17257
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PA
RICHARD L. HYNES,
Plaintiff,
CIVIL ACTION - LAW
v.
NO. Jef -0J..3 7
TINA M. CruCCI,
Defendant.
CUSTODY
ACCEPTANCE OF SERVICE
I accept service of the Complaint for Custody on the behalf of Tina M. Ciucci
and certifY that I am authorized to do so.
Date: 1/0/'11
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MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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RICHARD 1. HYNES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TINA M. CruCCI,
Defendant
NO. 98-6237 CIVIL
IN CUSTODY
CQURT QRDER
AND NOW, this d.....J day of ~ 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed that the following temporary custody order is entered:
I. The Father, Richard 1. Hynes, shall enjoy temporary physical custody of the minor
children Adam M. Hynes, born August 19, 1991 and Aaron M. Hynes, born October
14,1993.
2. Upon the Mother's release from prison, the Mother shall enjoy periods of temporary
custody at such times as agreed upon by the parties.
3. Upon Mother's release from prison, counsel for the Mother may contact the Custody
Conciliator to schedule an immediate Conciliation Conference to address the
custody issue. Additionally, a Conciliation Conference is scheduled for Thursday,
July 29, 1999 at 8:30 a.m. on the 4th floor hearing room, Cumberland County
Courthouse at which time all parties and their attorneys should appear.
BY THE C
1.
cc:
Joan Carey, Esq. ("~ ~1o/3/q{r.
Jerry Weigle, Esq. - - U ,& P.
VlN\fA"1ASNN3d
AlNnm ON\fl1:B8Vin3
92:5 WV s- Nor 66
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RICHARD 1. HYNES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TINA M. CIUCCI,
Defendant
NO. 98-6237 CIVIL
IN CUSTODY
Prior Judge:
CONCILIATION CQNFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915 .3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent information pertaining to the children who are the subject of this litigation is
as follows:
Adam M. Hynes, born August 19, 1991; Aaron M. Hynes, born October 14,1993.
2. A Conciliation Conference was held via a telephone conference involving the Conciliator,
Attorney Jerry Weigle on behalf of the Father, Richard 1. Hynes, and Attorney Joan Carey
on behalf of the Mother, Tina M. Ciucci. Attorney Carey indicated that she has not been in
touch with Ms. Ciucci and she objected to the conducting of any type of conference in light
of the fact that there has been no formal notice sent regarding the matter.
3. The procedural history of this case is that the Father petitioned for modification of custody.
Legal Services, Inc. was representing the Mother, and the parties agreed to a general
continuance. Mother has recently been incarcerated and Father has not heard from Mother.
Father is merely seeking a temporary order giving him custody of the children pending the
Mother's release and the scheduling of another Conciliation Conference.
4. Attorney Carey objected to the Conciliator recommending any action to the court because of
the fact that no petition had been filed and also because she had not had any opportunity to
consult with her client who is in Franklin County Prison.
5. The parties agreed that the children are in the custody of the Father and that the Mother is in
prison. Based upon that fact, the Conciliator recommends an order in the form as attached.
fe~( qy
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SEP 1 61999.tP
RICHARD L. HYNES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TINA M. CIUCCI,
Defendant
NO. 98-6237 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this I f~ day of September, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I. This Court's prior Order of June 2,1999 is vacated.
2. The Father, Richard L. Hynes, and the Mother, Tina M. Ciucci, shall enjoy shared
legal custody of Adam M. Hynes, born August 19,1991; and Aaron M. Hynes, born
October 14,1993.
3. The Father shall enjoy primary physical custody of the minor children.
4. The Mother shall enjoy temporary physical custody of the minor children at the
following times:
A. From Friday, September 17, 1999 after school until the following
Sunday at 7:00 p.m.
B. On Monday, September 27th after school until the following Tuesday
morning when the children shall be delivered to school.
C. On Friday, October 1st after school until Sunday of that weekend at
7:00 p.m.
D. On October 12th after school until the following morning when the
children shall be delivered to school.
5. The parties shall meet again for a Custody Conciliation Conference on Thursday,
October 14, 1999 at 3:00 p.m.
6. It is anticipated that the Mother's periods of temporary custody shall be expanded at
the next Custody Conciliation Conference assuming there have been no problems
with Mother's visitation.
7. The Mother shall provide the Father with an opportunity to inspect the Mother's
home ifthe Father so desires.
8. Neither party shall consume alcohol or be under the influence of illegal drugs while
they have custody of the minor children.
9. Both parties shall enjoy reasonable telephone contact with the minor children while
they are in the custody of the other parent.
10, Both parties shall keep the other parent notified with respect to their current address
and telephone number.
1.
cc:
Jerry A. Weigle, Esq. _
Joan Carey, Esq.
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RICHARD L. HYNES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TINA M. CIUCCI,
Defendant
NO. 98-6237 CIVIL
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILlA nON CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915 .3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this litigation is
as follows:
Adam M. Hynes, born August 19, 1991; and Aaron M. Hynes, born October 14, 1993.
2. A Conciliation Conference was held on September 14, 1999, with the following individuals
in attendance:
The Father, Richard L. Hynes, with his counsel, Jerry A. Weigle, Esquire; and the Mother,
Tina M. Ciucci, with her counsel, Joan Carey, Esquire.
3. The parties agree to the entry of an order in the form as attached.
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RICHARD L. HYNES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TINA M. CIUCCI,
Defendant
NO. 98-6237 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this c?(~ay of October, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse
on the 6th day of December, 1999, at 9:00 a.m. at which time testimony will be
taken in the above case. At this hearing, the Mother, Tina M. Ciucci, shall be the
moving party and shall proceed initially with testimony. Counsel for the parties
shall file with the court and opposing counsel a memorandum setting forth the
history of custody in this case, a detailed listing of the issues currently before this
court, a list of witnesses who will testifY on behalf of that party and a summary of
the anticipated testimony of each witness. This memorandum shall be filed at least
10 days prior to the mentioned hearing date.
2. Pending further order ofthis court, the existing order providing Father with primary
physical custody shall continue. Mother's periods of temporary physical custody
shall be expanded to the following times:
A. On alternating weekends from Thursday after school until Monday
morning when Mother shall deliver the children to schoo\.
B. On the Monday after the weekend Mother does not have custody,
from after school on Monday until Tuesday morning when she shall
deliver the children to schoo\.
3. In all other respects, the court's prior order of September 18, 1999 shall remain in
effect.
4. The children shall remain in the Shippensburg school district pending the entry of a
permanent order after the hearing in this case.
cc:
Jerry A. Weigle, Esquire
Joan Carey, Esquire
BY~
J.
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RICHARD L. HYNES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TINA M. CIUCCI,
Defendant
NO. 98-6237 CIVIL
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
19l5.3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent information pertaining to the children who are the subject of this litigation is
as follows:
Adam M. Hynes, born August 19, 1991; and Aaron M. Hynes, born October 14, 1993.
2. A Conciliation Conference was held on October 14, 1999, with the following individuals in
attendance:
The Father, Richard L. Hynes, with his counsel, Jerry A. Weigle, Esquire; and the Mother,
Tina M. Ciucci, with her counsel, Joan Carey, Esquire.
3. The parties were before the Conciliator in September at which time they agreed upon an
order in anticipation that the Conciliator would review the case one month later and suggest
an expanded visitation for the Mother if everything was going well. Everything has gone
well with visitation since September. However, at this time the Mother is seeking what is
essentially a SO/50 shared physical custody arrangement. Father is unwilling to agree to
such expanded time to the Mother. Father notes that the Mother was in jail for six months
this year and prior to that there is a dispute as to the exact amount of time the Father was the
primary custodian as compared to the Mother. Mother asserts that she has been the primary
custodian in the past and that her life has turned around and the prison situation is well
behind her.
4. The parties cannot agree upon the entry of an order and a hearing is required. The Father is
talking about relocating from the Shippensburg area to the New Cumberland area which
would require some type of modification of the existing order. The Conciliator recommends
the entry of an order in the form as attached as a temporary order pending the hearing.
{of :lU( Q q
DATE
a
Hubert X. Gilr ,Esquire
Custody Conciliator
RICHARD 1. HYNES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
TINA M. CIUCCI,
Defendant
: NO. 98-6237 CIVIL
: IN CUSTODY
COURT ORDER
AND NOW, this 17~ay of November, 1999, by agreement of the parties, by and
through their counsel, the hearing scheduled for December 6, 1999, at 9:00 a.m. in the above-
captioned case, has been continued to March 24, 2000, at 9:00 a.m. in Courtroom No.5 of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
The Order of October 21, 1999, remains in full force and effect pending further Order of
Court.
Edward E. Guido, Judge
Joan Carey
Attorney for Defendant
Jerry A. Weigle
Attorney for Plaintiff
C~<L. f'P'",,^-,...(
i ,/.:I;A!qq.
...0 . 1:; .
, '
RICHARD 1. HYNES,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:CIVIL ACTION - LAW
TINA M. CIUCCI,
Defendant
:NQ. 98-6237 CIVIL
:IN CUSTODY
QRDER OF COURT_ 1/
5 "" 17AIII~llu ~ooa
AND NOW this day of2UIRl If,~, after consideration ofthe
attached petition to withdraw as counsel and upon motion of Jerry A. Weigle, Esquire, a
Rule is issued upon the plaintiff to show cause why petitioner's request to withdraw as
counsel should not be granted.
Said Rule returnable hJ . _ ( q) , 2000, at 9:tJ() AU; ~ room number
.5' , Cumberland County Courthouse, Carlisle, Pennsylvania.
J. f:.flv.#IlC.d E. ~Li:~4
.J'.Opu.:JJ /(11/)];)
/ -t()Q
1fK3
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW ~ 126 EAST KING STREET _ SHIPPENSBURG, PA 17257.1397
RICHARD L. HYNES,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:CIVIL ACTION - LA W
TINA M. CIUCCI,
Defendant
:NO. 98-6237 CIVIL
:IN CUSTODY
PETITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO WITHDRAW
The petition of Jerry A. Weigle, Esquire, respectfully represents:
I. Your petitioner was retained by the plaintiff in the above captioned matter to represent
him in a child custody matter pursuant to a fee agreement dated September 4, 1998. A
copy of said fee agreement is attached hereto and made a part of and marked petitioner's
Exhibit "A".
2. Pursuant to said fee agreement your petitioner prepared and filed a custody complaint
on behalf of the plaintiff on or about November 10, 1998.
3. Since the date of arrangement your petitioner has provided the plaintiff with competent
and diligent advice, counsel, and representation which has included office consultations,
gathering of information necessary to prepare a custody complaint, representation at
several custody conciliation conferences and the requisite preparation and
correspondence necessary to adequately represent the plaintiff prior to, at, and subsequent
to said conciliation conferences.
4. During the course of the representation, your petitioner has submitted periodic
itemized billings for services rendered through December 14, 1999. A copy of
MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
petitioner's most recent billing statement dated October 25, 1999 is attached hereto and
made a part hereof and marked petitioner's Exhibit "B".
5. Plaintiff presently owes your petitioner $1,353.00, through December 14, 1999
pursuant to the fee agreement entered into.
6. Plaintiff has only paid your petitioner a total ofthree hundred fifty ($350.00) dollars
toward fees and costs in the case since the beginning of petitioner's representation.
7. Your petitioner has contacted the plaintiff both orally and in writing on numerous
occasions with respect to the account balance due and payable and has received promises
from the plaintiff every time that the account balance would be brought current and
additional retainage posted.
8. Plaintiff's promises have gone unfulfilled to date and an account balance currently
exists in the amount of$I,353.00.
9. A custody trial date has been set by the court for Friday, March 24,2000, at 9 am.
before Judge Guido.
10. The continued representation of plaintiff without payment of petitioner's fees, or the
prospect of such payment, has resulted and will further result in an unreasonable financial
burden on petitioner, and good cause exists therefore under Rule 1.16 (c)(5) of the
Pennsylvania Rules of Professional Conduct for petitioner's withdrawal.
11. The plaintiff has more than sufficient time to retain new counsel if he so desires to
continue his representation in this matter prior to and at trial.
12. Counsel for the defendant has been consulted and has no objection to petitioner's
withdrawal from the case provided that the afore-mentioned trial date is not delayed
because of your petitioner's withdrawal.
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397
WHEREFORE, petitioner requests this Honorable Court to grant petitioner
leave to withdraw his appearance on behalf of the plaintiff in this action.
.~~RK, WEIGLE AND PEr.I
, (I I
i
i
B~
J1!.Y A. igle
Petitioner and Attorney for P
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW _ 126 EAST KING STREET _ SHIPPENSBURG, PA 17257~1397
VERIFICA TIQN
I verify that the statements made in the foregoing petition are true and correct. I
understand that fulse statements herein are made subject to the penalties of 18 a. c.s.
4904, relating to unsworn falsification to authorities.
~
Dated:
II/17/77
.rJ
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-t 397
WILLIAM R. MARK
(1912-1980)
MARK, WEIGLE AND PERKINS
Attorneys-at-Law
JERRY A. WEIGLE
DAVID P. PERKINS
126 EAST KING STREET
SHIPPENSBURG, PENNSYLVANIA 17257-1397
JOSEPH P. RUANE
Associate
TELEPHONE (717) 532-7388 or (717) 776-4295
FAX (717) 532-6552
September 4, 1998
Richard L. Hynes
24 Hollar Avenue
Shippensburg, P A 17257
Dear Richard:
We are pleased that you have asked our firm to represent you with regard to custody matters. This
letter sets forth the understanding concerning our representation of you. Our representation shall
become effective upon our receipt ofthe retainer fee and a countersigned copy of this letter.
1. You hereby agree to pay our firm a retainer fee of Three Hundred Fifty Dollars ($350.00) for the
purpose of assuring our availability in your matter. Your retainer fee will include the initial
consultation, and the balance will be credited to your account for services to be performed in the
future.
2. We feel that the most equitable basis for our fee is to determine how much time is spent on your
matter. It is impossible to determine in advance the amount of time that will be needed to complete
your case. Our billing is based on an hourly rate of $1 00.00 per hour. This hourly rate will prevail
until December 31, 1998; after which, due to rising costs and overhead expenses, the hourly rate will
be subject to increase in accordance with the then-existing hourly rate schedule. We will bill you
regularly on a time-expended basis. Although we do send itemized bills as a matter of course, we also
maintain in our office records of time used for conferences, telephone calls, drafting documents,
research, court time_ and, if necessary travel time. These records will be available to you upon
request. Fractions of hours are computed in periods of not less than one-quarter (1/4) of an hour, and
the interruption of other work is taken into consideration. If some of the work on your case can be
done by a paralegal assistant or by a law clerk whose hourly time rates are substantially lower than
mine, to the extent that their time is utilized, the overall fee will be lower. You will not be billed for
clerical or secretarial time.
3. We expect you to keep current with our billings. In the event therc is an unpaid balance after 30
days, each subsequent billing will include an additional billing charge of $1 0.00 which you agree to
pay in order to cover our time and additional costs in handling your account. We reserve the right to
terminate our attorney-client relationship for non-payment of fees or costs. All bills are due and
payable upon receipt.
4. In addition to attorney's fee5, you are re5ponsible for payment of costs associated with this matter.
Costs are our out-of-pocket expenses, such as filing fees, tran5cripts, photocopies, long distance
EXHIBIT A
Richard L. Hynes
September 4, 1998
Page 2
telephone calls, and, if necessary appraisals and accounting fees. Costs will be billed on a regular
basis. You hereby authorize us to transfer money from your client's account, when available, to pay
for out-of-pocket expenses and our attorney's fee upon preparation of a bill itemizing services
rendered. A statement of your account will be sent to you each time we remove monies.
5. Frequently, courts will send documents directly to you, as a party to the litigation, and they will
not send copies to us, as your attorney of record. For this reason it is very important that you forward
to us any documents, papers, or correspondence which have been sent directly to you from the court
or from any other source which may have any bearing on this matter. In short, do not assume that we
have received these items.
6. We shall keep you well informed as to the progress of your case. We shall send you copies of all
papers coming in and going out of our offices, including correspondence, pleadings, and other court
documents. If I am unavailable when you telephone, your call shall be returned with reasonable
promptness. There will be times when I will be in court, or at meetings, or in conferences, which will
preclude me from returning your calls as quickly as we both might like, but I shall do my best to
return your telephone calls as soon as I can.
7. I have enclosed a copy of this letter for you to retain for your records so that we will have a mutual
memorandum of our understanding.
Naturally, we cannot predict the outcome of your matter; we will however, expend our best efforts on
your behalf.
Sincerely,
~ARK, WEIGLE AND PE:RKIN
~.'~r1 Q) lJ r
J~ A. ~gle
JA W:egf
Enclosure
ACCEPTED thi~ day of
sej/ ,19~
a. k~;; /4/ulJ--
;
WILLIAM R. MARK (1912-1980)
JERRY A. WEIGLE
DAVID P. PERKINS
MARK, WEIGLE AND PERKINS
Attorneys-at-Law
126 EAST KING STREET
SHIPPENSBURG, PENNSYLVANIA 17257-1397
Associate
JOSEPH P. RIJANE
TELEPHONE (717) 532-7388 or (717) 776-4295
FAX (717) 532-6552
December 14, 1999
Richard L. Hynes
507 Water Street
New Cumberland P A 17070
For Professional Services Rendered:
Hours
Amount
10/25/99 Preparation of letter to Attorney Carey and letter to client
0.25
12.50
11/3/99 Miscellaneous calls regarding rescheduling of custody hearing
0.50
50.00
11/17/99 Call from Legal Services, Inc. - short correspondence to client
regarding rescheduling of custody trial
0.25
25.00
For professional services rendered
1.00
$87.50
Additional charges:
12/14/99 Billing Fee
10.00
Total costs
$10.00
Total arnount of this bill
$97.50
EXHIBIT B
,
<
Richard L. Hynes
Page
2
Amount
Balance as per prior Statement
$1,255.50
Balance due
$1,353.00
PAYMENT IS DUE UPON RECEIPT OF THIS BILL
PLEASE MAKE CHECK PAYABLE TO "MARK, WEIGLE AND PERKINS".
A billing fee of ten dollars ($10.00) per monthly statement will be charged after thirty (30) days.
fEB 2 - 2000
WEIGLE, PERKINS & ASSOCIATES
Attorneys-at-Law
126 EAST KING STREET
SHlPPENSBURG, PENNSYLVANIA 17257-1397
.JERRY A. WEIGLE
DAVID P. PERKINS
Associate
JOSEPH P. RUANE
TELEPHONE (717) 532-7388 or (717) 776-4295
FAX (717) 532-6552
February 1,2000
Honorable Edward F. Guido
Court House
I Courthouse Square
Carlisle, PA 17013
Re: Hynes v. Ciucci
#98 ~ 6237 Civil
Custody
Dear Judge Guido:
I have been advised by Joan Carey that she will be petitioning the Court to cancel the
custody trial set for March 24,2000, at 9:00 a.m. in the above captioned matter. You will
note on your calendar that my petition to withdraw as counsel for Mr. Hynes for non-
payment of counsel fees is due to be heard on Wednesday, February 10,2000, at 9:00
a.m. Due to counsel's anticipated request to cancel which should be filed today, it will
not be necessary for me to expend additional hours oftime to prepare for trial. Under
these circumstances, I am willing to stay in the case assuming that payment will be
forthcoming as promised. Therefore, Court time will not be required next week. Your
chambers suggested that I contact the Court by letter and that a short order continuing my
request to withdraw as counsel could be entered. If you would prefer that a formal
petition be presented, I will do so immediately.
Thank you for your time and attention given to this request.
Very truly yours,
~
rATES
JA W:rrw
Cc Joan Carey, Esquire
2-01-2003027PM
FROM WEIGLE. PERKINS ASSOC 532 6552
P.1
..
~ -'
JERRY". WEIGLE
DAVID r. PERKINS
WEIGLE, PERKINS & ASSOCIATES
Attorneys-at-Law
126 EAST KING STREET
SHIPPENSBURG, rENNSYLVANIA 17257-13'17
Atltloaatf:
JOSEPH p. RUANE
TELErHONE (717) 532-73118 or (717) 776-4Z9S
fAX (717) 532-655Z
FACSIMILE TRANSMISsioN COVER SHEET
FROM:
lAERRY A. WEIGLE, ESQUIRE
_ DAVID P. PERKINS, ESQUIRE
_ JOSEPH P. RUANE. ESQUIRE
_ LINDA KLEIN, ESTATE ASSISTANT
_ RHONDA WOLFORD, BOOKKEEPER
_ PAlTIE TOME, RECEPTIONIST
_ JEANINE BENDER, LEGAL ASSISTANT
~~~E:/~ fiMdJ}!JJJo
COMPANY:
ADDRESS:
FAX No; cYLJD - fyL!tpfJ.
RE: ~ V. GlAC.C'
DATE: (}eb- ~ oJ a;()
TOTAL NUMBER OF PAGES:
d)
MESSAGE:
IF YOU DO NOT RECEIVE A COMPLETE AND LEGIBLE COPY OF nUS TRANSMISSION, PLEASE CALL
(717)532-7388.
CONFID~NTIALlTY Noncf' THE DOCUMENTS ACCOMPANYING THIS FAX TRANSMISSION MAX CONTAIN CONFlOf:NT[AL
lNF(')AMATION, All.. INFORMATION TRANSMITTeD 1S INTENOED ONLY FOR THE USE OF THE' ~80ve:-NAMEO RECIPIENT. IF YOU
AR.E NOT THE NAMED RcCIPlI:NT/ YOU ARE NOT AUTHorUZeo 1'0 FlEAD, DISCLOSE:, COPY, DISTRIBUTE, OR, TAI<:I; ANY Acr~ON
IN RELIANCE UPON THE,INFQR-MAT10N, AND ANY ACTrON QTHE;R THAN IMMEDIATE Dl;:UVE:RY TO THE NAMED RECIPIENT IS
~TRICTLY pR.OHIBrreD. IF YOU HAVE; RECEIVeD THIS FAX IN ERROR., 00 NOT R.EAD THE !NFOI2.MAHON, AND PLE:ASE
IMMEDIATE;l.Y NOnFY SENDER. BY TELEPHONE TO ARR.ANGE; 'FOR A Fl.ETURN OF THE ORIGINAL DOCUMENTS. IF YOU ARE THE
NAMED RECIPIENT, yOU ARE NOT AUTHORIZED TO REVEAL ANY,OfTHI$ INFORMATION TO ANY OTHER UNAuTHORIZED
PeRSON. AND ARE HI;REBY lNSH<.uCTED TO DESTROY THE INFORMATION WHEN NO LONGI:Fl. NEEDeD. If YOU OIO NOT
RECEIVE ALL PAGES LISTED OR IF (>AGES ARE NOT leGIBLE! PLEAS!: IMMfDIATE:lY NOTIFY SENOl';RIW PHONE.
ORIGINAL
WILL
WILL NOT FOLLOW 11\1 MAIL
2-01-200 3,27PM
FROM WEIGLE, PERKINS ASSOC 532 6552
P.2
"-
~...
WEIGLE, PERKINS & ASSOCIATES
Attorneys-at-Law
126 EAST kiNG STREET
SIlIPPENSBlTRG, PENNSYLVANIA t7251-1J?7
TELEPllONE (717) 532"7388 0' (717) 776-'295
.'AX (717) 532-6552
Jl;ll,RY A, WEIGU:
DA VlD P. PERKINS
Associate
JOS~;PH r. RI)ANF:
February 1, 20QO
Honorable Edward F. Guido
Court House
I Courthouse Square
Carlisle, P A 17013
Re: Hynes v. Ciucci
#98 - 6237 Civil
C~lStody
Dear Judge Guido:
I have been advised by Joan Carey that she will be petitioning the Court to c;anc;el the
custody trial set for March 24,2000, at 9:00 a.m. in the above captioned matter. You will
note on your calendar that my petition to withdraw as counsel for Mr. Hynes for non-
payment of counsel fees is due to be heard on Wednesday, February 10, 2000, at 9:00
a.tn. Due to counsel's anticipated request to cancel which should be filed today, it will
not be necessary for me to expend additional hours of time to prepare for trial. Under
these circumstances, I am willing to stay in the case assuming that payment will be
forthcoming as promised. Therefore, Court time will not be required next week. Your
chambcrs suggested that I contact the Court by letter and that a short order continuing my
request to withdraw as counsel could be entered. If you would prefer that a formal
petition be presented, I will do so inunediately.
Thank you for your time and attention given to this request.
Very truly yours,
/ WEIGLE, PERKINS & SS IATES
/
~"
JAW:rrw
Cc Joan Carey, Esquire
RICHARD L. HYNES,
Plaintiff / Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
TINA M. CIUCCI,
Defendant / Petitioner
: NO. 98-6237 CIVIL
: IN CUSTODY
COURT ORDER
AND NOW, this I ~day of February 2000, upon consideration of the attached motion
and the consent of the parties by and through their counsel, it is ordered and directed that the
custody hearing scheduled for March 24, 2000 at 9:00 a.m. is canceled without prejudice to either
party.
Court.
The Order of October 21, 1999, remains in full force and effect pending further Order of
Edward E. Guido, Judge
Joan Carey-i", ",~ "\n~d "'1. Ie..
Attorney for Defendant / Petitioner
Jerry A. Weigle ""'~'" McLu '1, \.,c
Attorney for Plaintiff / Respondent
~
b
:!l
J-- 1
>",-","')
,),.1
RICHARD L. HYNES,
Plaintiff / Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
TINA M. CIUCCI,
Defendant / Petitioner
: NO. 98-6237 CIVIL
: IN CUSTODY
MOTION TO CANCEL HEARING
Petitioner, Tina M. Ciucci, by and through her counsel, Joan Carey of Legal Services,
Inc., states the following:
I. A custody order was entered on October 21, 1999, granting primary physical
custody to the father with periods of temporary custody granted to the mother and scheduling a
custody hearing to determine an expanded custody schedule for the mother, a copy of which is
attached as Exhibit "A" and incorporated by reference.
2. Defendant, Tina M. Ciucci, the mother and Plaintiff, Richard L. Hynes, the father
by and through their counsel, request that the hearing be canceled without prejudice to either
party to request a hearing in the future and that in all other respects the order of October 2 I, 1999
remain in effect pending a further Order of court.
WHEREFORE, Petitioner respectfully requests that this court cancel the hearing
scheduled for March 24, 2000 without prejudice to either party, and keep in full force and effect
the custody order dated October 21, 1999.
Respectfully submitted,
" ;{/ /
'lZY/JJ l04-'uc. ,/
v/ Joan Carey /
Attorney for Defendant / Petitioner
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(~ ,
~, dl
-..
('r'.
RICHARD L. HYNES
v.
TINA M. CIUCCI
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 98-6237 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 4th day of FEBRUARY, 2000, the hearing scheduled for
February 9, 2000, on Plaintiff's counsel's Petition to Withdraw is continued generally.
Jerry A. Weigle, Esquire
For the Plaintiff
Joan Carey, Esquire
For the Defendant
:sld
BY#
Edward E. Guido, J.
C~J "t~ ~/ 7/CC>
".~.
,-
RICHARD L. HYNES,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-6237 CIVIL TERM
TINA M. CruCCI (GUTSHALL),
Defendant/Petitioner
IN CUSTODY
PETITION FOR CQNTEMPT AND MODIFICATION
Petitioner, Tina Mariea Gutshall, by and through her counsel, MidPenn Legal
Services, states the following:
I. DefendantlPetitioner, hereinafter referred to as Mother, resides at 220 North
Spring Street, Everett, Bedford County, Pennsylvania 15537.
2. Plaintiff/Respondent, hereinafter referred to as Father, resides at 504 Ross
Avenue, #2, New Cumberland, Cumberland County, Pennsylvania, 17070.
3. The above-named parties are the natural parents of Adam M. Hynes, born
August 19, 1991 and Aaron M. Hynes, born October 14,1993.
4. The current Custody Order is dated October 21, 1999. The Order (attached
hereto as Exhibit A), in pertinent part, grants the parties shared legal custody
of the children. Father has primary physical custody with Mother having
periods of temporary physical custody on alternating weekends from
Thursday after school until Monday morning, and, after the weekend Mother
does not have custody, from Monday afternoon until Tuesday morning. Both
parties are to have reasonable telephone contact with the minor children while
they are in the custody of the other parent, and both parties are to keep the
other parent notified with respect to their current address and telephone
number.
5. Father has willfully disobeyed the Order in ways including, but not limited to,
the following:
a. Refusing to permit Mother to exercise her periods of partial custody
since April 2005;
b. Refusing to allow Mother to have telephone contact with the children
since April 2005.
6. Father is not acting in the children's best interest for reasons including, but not
limited to, the following:
a. Father is not providing appropriate supervision for the children. At the
end of the 2004-2005 school year, Aaron was caught at school with
marijuana he said he got from Father's bread box. Additionally, Adam
has been in trouble at school because of fighting and has been
suspended on various occasions.
b. Father has difficulty providing for the children's daily needs. When
Mother was still permitted to see the children, she would often buy
groceries for Father's home.
c. Father does not provide supervision in regard to the childrens'
education and as a result, their grades and school performance have
declined.
d. Father does not allow the children to participate in extracurricular
activities which limits their social, emotional and physical
development.
7. Mother is entitled to modified periods of partial custody, which is in the best
interest of the children, for reasons including but not limited to the foIlowing:
a. Mother was the primary caregiver since the children were bom.
Despite a period of incarceration, from September 2002 to May 2003,
Mother has had regular contact with the children. Even during her
incarceration, Mother had contact with the children via telephone and
mail.
b. Mother has provided for the children's emotional, physical,
educational, and medical needs and can continue to provide for the
children's daily needs.
c. Mother now lives in Bedford County, making it difficult for either
party to comply with the partial custody schedule in the October 21,
1999 Order. Moreover, such a schedule is inconvenient for the
children and it would better serve their interests to establish a more
reasonable custody schedule.
d. Mother has a stable home environment and is able to provide
appropriate supervision and shelter for the children on a full time
basis.
8. It is unknown whether Defendant is represented and counsel for Plaintiff is
unable to request concurrence for the relief requested in this Petition.
WHEREFORE, Mother respectfully requests the following:
a. That Father be found in contempt of the October 21,1999, Court Order.
b. That this matter be scheduled for a custody conciliation to establish terms of a
modified custody schedule.
c. That Mother immediately be permitted periods of partial custody on alternate
weekends until further order of the court and that Father shall share in
transportation responsibilities for those visits.
d. That Mother immediately be permitted reasonable telephone contact with the
children while they are in Father's custody.
e. Any other relief this Court finds just and proper.
Respectfully submitted,
1{j1
,~/f;j
Jessioo Holst, Esquire
Attorney for DefendantlPetitioner
MidPenn Legal Services
401 E. Louther Street, Suite 103
Carlisle, P A 17013
(717) 243-9400
VERIFICATION
The above-named DEFENDANT, TINA M. (ciucci) GUTSHALL,
verifies that the statements made in the above petition for
Contempt and Modification are true and correct. Defendant
understands that false statements herein are made subject
to the penalties of 18 Pa. C.S. ~4904, relating to unsworn
falsification to authorities.
Date: I~- c;-- Or
~,'- ~~~Ct' ~Aioll
Tina M. (Ciucci) Gutshall
1;""1.1
L//
RICHARD L RYNES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAL'ID COUNTY, PE:'i'NSYL VANIA
v
CIVIL ACTION - LAW
TINA M. CIUCCI,
Defendant
NO. 98-6237 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this ~(~ay of October, 1999, upon consideration
Conciliation Report, it is ordered and directed as follows:
of the attached Custody
1. A hearing is scheduled in Courtroom No.5 of the Cumberland County Courthouse
on the 6th day of December, 1999, at 9:00 a.m. at which time testimony will be
taken in the above case. At this hearing, the Mother, Tina M. Ciucci, shall be the
moving party and shall proceed initially with testimony. Counsel tor the parties
shall file with the court and opposing counsel a memorandum setting forth the
history of custody in this case, a detailed listing of the issues currently before this
court, a list of witnesses who will testify on behalf of that party and a sununary of
the anticipated testimony of each witness. This memorandum shall be filed at least
10 days prior to the mentioned hearing date.
2. Pending further order of this court, the existing order providing Father with primary
physical custody shall continue. Mother's periods of temporary physical custody
shall be expanded to the following times:
A On alternating weekends from Thursday after school until Monday
morning when Mother shall deliver the children to school.
B. On the Monday after the weekend Mother does not have custody,
from after school on Monday until Tuesday morning when she shall
deliver the children to school.
3. In all other respects, the court's prior order of September 18, 1999 shall rernain in
effect.
4. The children shall remain in the Shippensburg school district pending the entry of a
permanent order after the hearing in this case.
1.
cc:
,
Jerry A Weigle, Esquire \
Joan Carey, Esquire
Edward E. Guido
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RICHARD L H'Y~ES.
Plaintiff
IN THE COURT OF COMI\!ON PLEAS OF
CUMBERLA.l"iD COUNTY, PEN'NSYL V At"JIA
v
CIVIL ACTION - LAW
TINA Iv!' CruCCI,
Defendant
NO. 98-6237 CIVIL
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILlA TIQN CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CrVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this litigation is
as follows:
Adam M. Hynes, born August 19, 1991; and Aaron M. Hynes, born October 14, 1993.
2. A Conciliation Conference was held on October 14,1999, with the following individuals in
attendance:
The Father, Richard L Hynes, with his counsel, Jerry A. Weigle, Esquire; and the Mother,
Tina M. Ciucci, with her counsel, Joan Carey, Esquire.
3. The parties were before the Conciliator in September at which time they agreed upon an
order in anticipation that the Conciliator would review the case one month later and suggest
an expanded visitation for the Mother if everything was going well. Everything has gone
well with visitation since September. However, at this time the Mother is seeking what is
essentially a SO/50 shared physical custody arrangement. Father is unwilling to agree to
such expanded time to the Mother. Father notes that the Mother was in jail for six months
this year and prior to that there is a dispute as to the exact amount oftimc the Father was the
primary custodian as compared to the Mother. Mother asserts that she has been the primary
custodian in the past and that her life has turned around and the prison situation is well
behind her.
4. The parties cannot agree upon the entry of an order and a hearing is required. The Father is
talking about relocating from the Shippensburg area to the New Cumberland area which
would require some type of modification of the existing order. The Conciliator recommends
the entry of ~ order in the form as attached as a temporary order pending the hearing.
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DATE
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Hubert X. Gilr ,Esquire
Custody Conciliator
RICHARD L. HYNES,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 98-6237 CIVIL TERM
TINA M. CIUCCI (GUTSHALL)
Defendant/Petitioner
CERTIFICATE OF SERVICE
I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Tina Mariea
Gutshall, hereby certify that I have served a copy of the forgoing Petition for Contempt
and Modification on the following date and in the manner indicated below:
U.S. First Class Certified Mail, Return Receipt, Restricted Deliverv
Richard L. Hynes
504 Ross Ave #2
New Cumberland, P A 17070
Date: I;) J;).. v,-
/7
Jessi H 1st, Esquire
Counsel for Plaintiff
MidPenn Legal Services
401 E. Louther Street, Suite 103
Carlisle, PA 17013
(717)243-9400
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RICHARD L. HYNES,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 98-6237 CIVIL TERM
TINA M. CIUCCI (GUTSHALL)
DefendantlPetitioner
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Tina Mariea Gutshall, Petitioner, to proceed in forma pauperis.
I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I
believe the party is unable to pay the costs and that I am providing free legal services to
the party.
Je i olst, Esquire
ldPenn Legal Services
401 E. Louther Street, Suite 103
Carlisle, P A 17013
(717) 243-9400
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RICHARD L. HYNES
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
98-6237
CIVIL ACTION LA W
TINA M. CIUCCI (GUTSHALL)
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, December 19, 2.005
, upon consideration of the attached Complaint,
it is hereby directed that pat1ies and their respective counsel appear before HUlbert X. Gilroy, Esq,
, the conciliator,
at
4th Floor, Cnmberland Con_nty Courthouse, Carlisle on
Friday, January 20, 2006
at 10:30 AM
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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 detine 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 entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Is/
Hubert X GilroXLl'l:sq.
Custody Conciliator
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The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HElP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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RICHARD L. HYNES,
Plaintiff/Respondent
DEC' 4 LU05
IN THE COURT OF COMMON PLEAS ()?1
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-6237 CIVIL TERM
TINA M. CIUCCI (GUTSHALL)
DefendantIPetitioner
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Tina Mariea Gutshall, Petitioner, to proceed in forma pauperis.
I, Jessica Holst, attorney for the party proceeding in ftlrma pauperis, certify that I
believe the party is unable to pay the costs and that I am providing free legal services to
the party.
Je i olst, Esquire
IdPenn Legal Services
401 E. Louther Street, Suite 103
Carlisle, P A 17013
(717) 243-9400
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RICHARD L. HYNES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
rr
v
CIVIL ACTION - LAW
TINA M. GUTXHALL(formerly CIUCCI),: NO. 98-6237
Defendant IN CUSTODY
COURT ORDER
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AND NOW, this 0
day of ~ ,2006, upon consideration of the
attached Custody Conciliation Report, it is ordered that the prior Custody Orders in this
case are vacated and replaced with the following Order:
1. The father, Richard L. Hynes, and the mother, Tina M. Gutshall
(formerly Ciucci), shall enjoy shared legal custody of the minor children,
Adam M. Hynes, born August 19, 1991 and Aaron M. Hynes, born
Qctober 14, 1993.
2. The father shall enjoy primary physical custody of the minor children.
3. The mother shall enjoy periods of temporary physical custody of the minor
children as follows:
a. On alternating weekends from Friday at 7:00 p.m. until Sunday at
5:00 p.m.
b. At such other times as agreed upon by the parties.
4. The parties will meet with the Custody Conciliator again for a Conciliation
Conference on April 6, 2006 at 8:30 a.m. At that time and assuming the
.
custody situation with mother has been going well, the parties will discuss
other issues such as holidays, summer visitation, etc.
Judge Edward E. Gudio
cc: Jessica Holst, Esquire
Richard L. Hynes
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RICHARD L. HYNES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
TINA M. GUTXHALL(formerly CIUCCI),: NO. 98-6237
Defendant IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 19I5.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Adam M. Hynes, born August 19, 1991 and Aaron M. Hynes, born October 14,
1993.
2. A Conciliation Conference was held on January 26, 2006, with the following
individuals in attendance:
The father, Richard L. Hynes, who appeared without counsel, and the mother, Tina
M. Gutshall (formerly Ciucci), with her counsel, Jessica Holst, Esquire.
3. The parties agree to the entry of an Qrder in the form as attached.
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!BY: .-9-
RICHARD L. HYNES,
Plaintiff
IN THE COURT QF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
NO. 98-6237
CIVIL ACTION - LAW
TINA M. GUTSHALL,
(formerly CIUCCI),
Defendant
IN CUSTODY
COURT ORDER
~
AND NOW, this II day of April, 2006, it is ordered and directed that this
Court's prior Order of February 2, 2006 shall remain in place subject to the following
additions:
1. For Mother's periods of alternating weekends and in the event Mother herself or
her boyfriend can make arrangements to pick up the children earlier on Friday,
Father will accommodate Mother for an earlier pick up on Friday afternoon.
2. When the children are in Mother's custody and when Mother is transporting the
children for exchange of custody, Mother shall ensure that the children are in a
vehicle that has seats and seatbelts.
3. The parties shall work between themselves to implement a schedule where the
parties alternate major holidays on a schedule arranged by the parties.
4. The Father shall also handle the summertime custody such that Mother is
provided a minimum of a few weeks in the summer, subject to the children's
personal schedule and the vacation schedule of the respective parties.
5. In the event either party desires to modify this custody Qrder, that party may
again petition the Court to have the case again assigned to the Custody Conciliator
Edward E. Guido, Judge
Cc: ~sica Holst, Esquire
~r. Richard L. Hynes ~
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RICHARD L. HYNES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
NO. 98-6237
CIVIL ACTION - LAW
TINA M. GUTSHALL,
(formerly CIUCCI),
Defendant
IN CUSTODY
Prior Judge: The Honorable Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Adam M. Hynes, born August 19, 1991
Aaron M. Hynes, born Qctober 14, 1993
2. A Conciliation Conference was held on April 6, 2006 with the following individuals in
attendance:
The Father, Richard L. Hynes, who appeared without counsel
The Mother did not appear, but her attorney, Jessica Holst, was in attendance
3. Subject to the Mother having the ability to ask for another custody conciliation
conference and based upon the discussion with the Mother's attorney and the Father,
the Conciliator recommends an Order in the form as attached.
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Date: APril1'*', 2006