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HomeMy WebLinkAbout07-4222 IN RE: NAME CHANGE OF HEATHER A. NEWTON Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - ~-~ 2 CIVIL ACTION -LAW PETITION FOR NAME CHANGE AND NOW, comes Petitioner, Jacqueline M. Verney, Esquire, court-appointed Guardian ad litem for Heather A. Newton and in support of the Petition for Name Change avers the following: 1. The Petitioner is Jacqueline M. Verney, Esquire, court appointed Guardian ad litem for Heather A. Newton, a dependant juvenile, DOB 4/14/91. 2. The office address of the Petitioner, Jacqueline M. Verney, Esquire, is 44 S. Hanover Street, Carlisle, PA, 17013 3. Heather A. Newton is an adjudicated dependant juvenile in the care and custody of Cumberland County Children & Youth Services, whose address is 16 West High Street, second floor, Carlisle, PA 17013. 4. Heather A. Newton currently resides with her maternal grandparents, Oren and Gloria Noss, who reside at 103 Millers Gap Road, Enola, PA 17025. 5. Heather's biological mother is Patricia Sue Newton, whose current address is No. OK0264, SCI Cambridge Springs, 451 Fullerton Avenue, Cambridge Springs, PA 16403-1238. 6. Heather's Father is Henry Newton, whose current address is Cumberland County Prison, 1101 Claremont Road, Carlisle, PA, 17013 r 7. Henry Newton was convicted of Involuntary Deviate Sexual Intercourse, Indecent Assault, Aggravated Indecent Assault, Criminal Attempt to Rape and Corruption of Minors in April, 2007. 8. Heather A. Newton was the victim of father, Henry Newton's crimes. 9. Her father's crimes against her and the publicity surrounding her father's crimes have caused the child emotional trauma. 10. Heather A. Newton's therapist, Patricia O'Donnell, opines that a name change would facilitate the healing process for Heather. See Exhibit A attached hereto and made a part hereof as if fully incorporated herein. 11. Heather has requested a name change from Heather A. Newton to Heather A. Noss, her mother's maiden and the name of her grandparents with whom she currently resides. 12. It is in Heather A. Newton's best interests to have her name changed from "Newton" to "Noss" because of the public humiliation, embarrassment and stress that the crimes of Henry Newton have caused her. 13. Cumberland County Children & Youth Services is in favor of the name change. 14. Mother is in favor of the name change. 15. Father opposes the name change. WHEREFORE, Petitioner respectfully requests that the court set a hearing on the name change petition and after hearing, change the name of Heather A. Newton to Heather A. Noss. Respectfully submitted, /" l• ac line M. Verney, Esquire #231 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Guardian ad litem for child VERIFICATION I verify that the facts included in the within pleading are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: ' - 18" 07 a eline M. Verney, Esquire ~DLt1KON FAMILY L[FE SERVICES A LUTHERAN FAMILY & COMMUNITY MINISTRY REvEiV~D July 7, 2007 Ms. Mary Groshans Cumberland County Children & Youth Services Human Service Building 16 West High Street Suite 200 Carlisle, PA 17013 Dear Mary: ~'~i~L~~~~`~ r~r. RE: Heather Newton I am writing this letter in response to Heather Newton's request to have her name legally changed from Newton to Noss. Given the traumatic nature of the events surrounding this relationship and the conviction of Henry Newton, it is my opinion that having her name changed would help facilitate Heather's healing process. Heather and I have discussed this subject in great length, weighing the risks/benefits of such a decision and she appears to want this change. In addition, due to the high profile nature of this case in Heather's community, any association with the name Newton may leave Heather open to being re-victimized, which could negatively impact her emotionally and hinder her ability to move forward in her recovery. If you should have any additional questions or concerns please feel free to contact me at 717-795-0330. Sincerely, Patricia O'Donnell; MS NCC Counselor II cc: copy in chart Heather Newton 960 Century Drive Mechanicsburg, PA 17055 Fhon~ 717.795.0330 P.`, To!? FICc 866.700.6868 F~~: 717.795.0407 www.diakon.org ~ X CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the attached Petition for Name Change was served upon the following by personal service on the date indicated: Lindsay D. Baird, Esquire 37 S. Hanover Street Carlisle, PA 17013 Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 Megan Reismeyer, Esquire 45 North Pitt Street Carlisle, PA 17013 Date 1 _ l~ /~( /_` , acq line M. Verney, Esquire #23 7 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Guardian ad litem for child r°~ r- c- 4:~:, ~ ~ rA "L ._. rye ?~ \ ~ ~ ~ ' T.,S _- _~ 4 r .. „1 • El -1 ~.{ ~ ~ r-.. .~ ~; : "G D p\J ~: : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NAME CHANGE OF HEATHER A. NEWTON : NO.2007 - ~~~ ~ CIVIL ACTION -LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Heather A. Newton to proceed in forma pauperis. I, Jacqueline M. Verney, court appointed Guardian ad litem for the dependent juvenile, Heather A. Newton, certify that the party is unable to pay the costs of this action. Respectfully submitted, ~~ acq ine M. Verney, Esquire #231 44 South Hanover Street Carlisle, PA 17013 (717)243-9190 Guardian ad litem for child C:~ ~., ~- ~ ; _,., {~ --n ~_- ~ _... t.....r : a~ r: c r-; -- ...__: y:-= .. - ? C_.f ; ` STS --G 6 4 IN RE: NAME CHANGE OF HEATHER A. NEWTON ao~ _ y - i~ -9/ 'JUL 182007,~r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - ~ ~- a a' CIVIL ACTION -LAW ORDER OF COURT AND NOW, this ~~ day of , 2007, upon consideration of the within Petition for Change Name, a hearing in the matter is set for 1: (> ~ ~~ o'clock ~.m. on the ~ day of , 2007, in Courtroom ~ of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. J. cc: Lindsay D. Baird, Esquire, for C&Y Jane Adams, Esquire, for Father Megan Riesmeyer, Esquire, for Mother Jacqueline M. Verney, Esquire, GAL CCC&YS ~a31.%a vfn.~~.. dOd "'1. 'C V~ N P- f -~' ~~ - i ~ r G ~ ~, ..r~s ~,,...-. ~: _- ~^ Ci3 "~ ` _~ }~ ~ {~ ~ ;.. -~ SP 4-198 (11-99) PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY 1800 ELMERTON AVENUE HARRISBURG, PA 17110 717-783-3762 PROTHONOTARY CUMBERLAND CO COURTHOUSE ROOM 203 CARLISLE, PA 17013 DATE: Tuesday, August 07, 2007 RE: SID: NAME: NEWTON HEATHER SOC: COURT DOCKET #: 2007-422. In accordance with the Name Change Act of 1998, the tingerprint cards of the above named individual, who has applied for a name change, has been searched in the files of the Pennsylvania State Police. Criminal Records and Identification Division Central Repository, and: (X) This person is not subject to 18 PA C.S. Chapter 91, and the fingerprints have been destroyed. ( )This person is subject to 18 PA C.S. Chapter 91, and the name change has been noted on the person's criminal history record information. O A criminal record was revealed containing felony convictions. [N ACCORDANCE WITH THE NAME CHANGE ACT, THE COURT SHALL NOTIFY THE PENNSYLVANIA STATE POLICE WHEN A NAME CHANGE FOR A PERSON CONVICTED OF A FELONY HAS BEEN ORDERED. The Pennsylvania State Police, upon receipt of this notice, shall include the change of name information in the Central Repository as provided for in 18 PA C.S., Chapter 91 (relating to criminal history record information). ( }This person has been convicted of felony violation(s) for which the court may not order a change of name. ( ) A criminal record was revealed that might prohibit a name change. Because the subsection(s) of the affected conviction(s) has not been provided to us, we are unable to determine whether a name change can or cannot be made. Please provide the subsection(s) of the following crime(s): if available. You are also advised that the above response is based on comparison of fingerprints and associated requester- furnished information against a name index and fingerprints contained in the files of the Pennsylvania State Police Central Repository -only -and does not preclude the existence of other criminal records which may be obtained in the repositories of other local, state, or federal criminal justice agencies. If we may be of any further assistance to you concerning this matter, please contact us at the above address or telephone number. Sincerely, ~~ Director, Criminal Records and Identitication Division ~ ~ v ~ :: -~-- r;-~, ~ ~r ! ~~ ~ D CJ ' {rJ ~r- °~..- '~ C_~ .x _~~ <.,~ ~ ~) ` C:, ''C p ~~ K GJ IN RE: NAME CHANGE OF HEATHER A. NEWTON DOB: 4/14/91 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 2007-4222 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of August, 2007, Father's request that we recuse ourselves from further proceedings in this matter is DENIED. By the ourt, Edward E. Guido, J. ~cqueline M. Verney, Esquire G.A.L. for Heather A. Newton ~ean Shultz, Esquire For the Father ~gan M. Riesmeyer, Esquire For the Mother CCC&YS _~,p~ ,~~ CASA srs V r+ i.j ~ . ~ i ... .. _... i C " }f .!"t ~ i 'L t.~ a y.. '. 41~ S.I~U~ t cc IN RE: : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NAME CHANGE OF HEATHER A. NEWTON : N0.2007 - y~ a ~ CIVIL ACTION -LAW ORDER OF COURT AND NOW, this /~~` day of ~ , 2007, after hearing on the Petition for Name Change filed by the Guardian Ad Litem of Heather A. Newton, it is hereby ordered and directed that that HEATHER A. NEWTON's name is hereby changed, effective immediately and she will henceforth be known as HEATHER A. NOSS. J. cc~ say D. Baird, Esquire, for C&Y ~~ne Adams, Esquire, for Father Riesmeyer, Esquire, for Mother cqueline M. Verney, Esquire, GAL CCC&YS ~ I~~ir~d _~ (i~~ 1 .0 ~~ f.: . ! r .~ J f{ ., ` , ~ '. w + ,4A( /R{ ~ AlN? ~~ 9 0 g. Wti ~ 1 d3S tt~~t J~lt-IOIN(~~ ~ ~,,~'~ IN THE COURT OF COMMON PLEAS OF pct,-~j~L'~gy- COUNTY COMM- i~~I,TH OF PENNSYLVANIA UDICIAL DISTRICT ~-n1 Re ~~~~c~~o~ . No. APPLICJIYIO~ FOB LBAVS TO P80CESD Ili F0~ PAIIPB~IS O~ APPBAL TO THE HONORABLE, THE JUDGES OF THE SAID COURTr Pursuant to Pa.R.A.P. 552(b), -,~~~11*~j~ ir1Gw~, ~-i°-pP~(G.~f above- named, hereby applies for leave to proceed in forma pauperis on appeal on the ground that he/she is unable to pay the fees and costs of prosecuting an appeal as ~ e emen - --~-- WHEREFORE, applicant respectfully requests leave to proceed in forma pauperis on appeal in this matter. Respectfully submitted, ~~/o ~ ~ _. ~at-~ - _ _ _ - --- - __ _ _ -- - - - - _----- -- -- - -- ____ ~PPell~~~~.~-~------_- -- ---___ -------- _-- - ------- --- - _ Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 IN THE CODRT OF COffi~N PLF.A.S OF C 1,.•-+~ (~pTq WEALTH OF PEHHSYLVANIA ~'- .mDICTAT• DISTRICT ~ Ill ~ ~ ~ /t1~ ~e ~~ ~~ G.~ ~ Ci ~1~ ~l' /~i1~/1~~° NGtd 1~'J'1 No . ~ ~ ~ `- 6 /~~ ~f !l` ~ l~C !'~ ~'Z IFP' -'YBQIFIED STATB~T ~Y%t~lf y /~'e~./ ~ states under the penalties provided by 18 Pa. C. S. § 4904 (unsworn falsification to authorities) that: 1. I am the 4~ ~_ in the. above action and because of my financial situation am unable to pay the following fees and costs: p-~ ~ ~e5 i'1 c~Z~i (- Y.o ~, 2. May responses to the questions below relating to my ability to pay the fees and costs of prosecuting an appeal are true and correct. _. _---__ __. _ _(a) Are__.y_ou presently_ .employed?_ (1) If the answer is yes, state the amount of your salary _ _ _ _. and wages per month and give the name and address of your employer. (2) If the answer is no, state the date of your last employ- went and the amount of the salary and wages per month you received. (b) Have you received within the past twelve months any income from a business, profession or other form of self-employment, or in the form of rent payments, interest, dividends, pensions, annuities, social security benefits, support payments or other source? If the answer is-yes, describe each source of income, and state the amount received from each during the past twelve months. (c) Do you own any cash or checking or savings accounts? -~ If the answer is yes, state the total amount of the items owned. (d) Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and ___. _ - _ _ __ _ _ clothing) ? _ _ - - - - - - - - _ _ _ - ~~ If the answer is-y8s,-descr-ibe the praparty and state its approxiate[e value and the amount and the amount of any encumbrances. (e) List the persons, if any, who are dependent upon you for support and state your relationship to those persons. (f) List all your debts a nd obligations. ' ~ ~ ~'a'~ 1 0 , / lJ~ ~ ~c'S ~c~ ~ ~© ~f , (3) I understand that a false statement or answer to any question in this Verified Statement will subject me to the penalties provided by law (misdemeanor of the second degree). Date: ~ b 1 rEiH[~ ~o_ $ e Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 r ~a ~~ ~ O D ~ J °m= ~~ ~~ =o ~~ ~~ ~~ V C ,S a o~ O S o g „~ C a y F ~. 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F~ ~~ 0 0 0 0 0 0 0 0 0 0 0 ~~~7 s ~~ ~~~v1~-~ X9011 ~,~ ads-~,~,~ a~p~s ~,~~,~~1 U - ~r ~ IBZI ~+~1 a~sl/~J ~~f f~uo~ a/bl ~ la/! ~~'aE~ ~~~a~ ., ,, :, ., 1 . : ~1 1 . . ~ : ,. r L. t •"!„ Ca i i .... Cy i W ~ ~ ~ Y ' t In The Court Of Coon Pleas Of Oberland County Camonwealth Of The State Pennsylvania 9th Judicial District. In Re: Name Change Of, Heather Affie Newton Date Of Birth: 4/14/1991 N0:2007-4222 Civil Action 7~av Motion For Appeal I Henry Allen Newton Put this notion for an appeal on the grounds for the appeal to the Superior Court of Cu~berl.and County 9th Judicial District. This would like to stand as an order entered in this matter on the 12th Day Of September 2007. Here are the reason for this appeal , which you will find listed below: 1: Judge Guido was the hearing ,fudge for my criminal cases for Heather Anne Newton. She is the alleged vicim in this matter. n, 2: Also Judge Guido refused to appoint me counsel for this at the time was a pending case so by this I have little knowledge of Pennsylvania laws. 3: Judge Guido would not allow me to be present rat the hearing, He only would allow me hear the hearing by phone and by this I could not hear very mu'hh that was going on during the hearing. 4 y 4: Judge Guido was also handling my Cumberland County Children and Youth case up till 8/29/07. I was then sent an order of the court that he removed himself from this case and turned it over to Judge Elbert. 5: Myself as being the father believes that it is motivated by the grandparents and wish that grand kids have no contact with anyone from the fathers side of the family.... I hope by putting this motion for this appeal I will get a fair hearing for this matter as soon as possible. Please contact me in some way to let me know if this appeal was granted. I hope to hear something soon. I thank you very much for your time in this matter....... Very Truely ours, Henry Newton HN/Man ~~oz~ y~ ~a~ s ~~~ ~ ~ ~"1~'~ ~ p ~a ([ SEP 1 9 2001 IN THE COIIBT OF COMFION PLEAS OF CcG~ y ~ Cet ~~COIIIi1Ty CU~DNWEALTH OF PENNSYLVANIA ~~ .TUDICIAL DISTRICT ~nl I~ ~ I~/c,.-n e Chi ~ D~-: REQDEST FOR TSANSCRIPTS A notice of appeal having been filed in this matter, the official court reporter is hereby ordered to produce, certify and file the transcripts in this matter in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. Date: ~/~~© T- ~~~'e~l~.~~ ~ 3e Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 IN THE COURT OF COITION PLEAS OF ~~aICOUNTY COlQI~NWEALTH OF PENNSYLVANIA ~_ JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA h~e4 ~Fl,ei` ~nn~ itlecJ~i No . ~ ? '~ ~.2 Z e. c U r l~C~ f`7 ~ Defendant . VEKIF~CATION I HEREBY VERIFY that the statements made in the foregoing document are true and correct to the best of my knowledge or information and belief.- I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. § 4904 (relating to unsworn falsification to authorities). Date: l~ D 7 Defendant, pro se Cumberland County Prison 1101 Claremont Road Carlisle PA 17015 PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2007-04222 NEWTON HEATHER A (vs) Reference No..: Filed........: 7/18/2007 Case Type.. PETITION - NAME CHANGE Time...... 1:56 Judgment......: 00 Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info NEWTON HEATHER A PETITIONER VERNEY JACQUELINE M ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - - - 7/18/2007 PETITION FOR CHANGE OF NAME - BY JACQULINE M VERNEY ATTY FOR PETITIONER ------------------------------------------------------------------- 7/18/2007 PRAECIPE TO PROCEED IN FORMA PAUPERIS - BY JACQUELINE M VERNAY GUARDIAN AD LITEM FOR CHILD ------------------------------------------------------------------- 7/18/2007 ORDER OF COURT 7118L07 IN RE HEARING 9112/07 AT 1:00 PM IN COURTROOM NO 3 CUUMMBEERLAND COUNTY COURTHOUSE EDWARD E GUIDO JUDGE 7/18/07 COPIES DIST BY ATTY ------------------------------------------------------------------- 8/13/2007 CERTIFICATION FROM PENNSYLVANIA STATE POLICE ------------------------------------------------------------------- 8/30/2007 ORDER OF COURT - DATED 08-29-07 - IN RE: FATHERS REQUEST THAT WE RECUSE OURSELVES FROM FURTHER PROCEEDINGS IN THIS MATTER IS DENIED - BY EDWARD E GUIDO J - COPIES MAILED 08-31-07 ------------------------------------------------------------------- 9/13/2007 ORDER OF COURT - DATED 9/12 07 - IN RE PETITION FOR NAME CHANGE - ORDERED THAT THE NAME IS ~ GED TO HEATHER A NOSS - BY EDWARD E GUIDO J - COPIES MAILED 9 13 07 - - - - - - - - - - - - - - ST ENTRY - - - - - - - - - - - - - - ------------------------ ------------ .00 .00 .00 ******************************************************************************** * End of Case Information ******************************************************************************** tRUE' COPY FROM RECORD In Teatimoxry vrh=re4€, I here ~~nto setmy hand endue seal of said,Couq~a~arli~e, Pa. ~ r, P V / aR l~K Cox A 4 .b ~. IN THE COURT OF COMMON PLEAS OF ~~~,~(COUNTY COMMONWEALTH OF PENNSYLVANIA _~_ JUDICTAT. DISTRICT ' COMMONWEALTH OF PENNSYLVANIA .~~ ~ ~ ,` /vim ~C C~ ~~e C3 -~ No . ~~ 7 -" 6 ~dt ~ l.. f ~f ` ~Q. W CERTIFICATE{ QF SERVICE I HEREBY CERTIFY that I am this day serving upon the persons and in the manner indicated below. The manner of service satisfies the requirements of Pa. R.Crim.P. 575. r f Service By Delivery To Prison Officials For Mailing Addressed As Follows: ~SyrG,~ ~~ ~~f~~~ ~ ~ ~~ ~ern~e ~S Y ~ ~/ S ~h tJer` ~~~ G~~~~ ~- ~ ~l~e ~-~ a~ C ~~ ~~ ~~ ~ ~~d ~ ~~ d~~~~~~ ~~-~i~s~ ~~ ~~~ ~,~~~ r~~.j ,[~ ~ ~~W ec-('~ ~ c.~ c ` o j C cgc,c r ~ l T~ CC,Sf ~ °l ~ ~ ~' ~ ~ ~~-_ ~~ ~ r Date: ~ d Defendant, fro se Cumberland County Prison 1101 Claremont Road Carlisle PA 17015 ~ ,, ~ t~ to ~ r r i t'y"t :~ r*; -~ ~ .~F .. CI7,r ~ , C Ii ~` t ~ ~~; ~ ~ ~ ~. C,, ~ m ,~ ~ s. C3 IN RE: HEATHER ANNE NEWTON D.O.B. APRIL 14, 1991 PETITION FOR NAME CHANGE IN RE: IN FORMA PAUPERIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : N0. 2007 - 4222 CIVIL TERM ORDER OF COURT AND NOW, this 3RD day of OCTOBER, 2007, based on the attached petition to proceed In forma pauperis, the request is granted and petitioner may proceed without payment of the costs. B the Co t, Edward E. Guido, J. Henry A. Newton Cumberland County Prison 1101 Claremont Road ~a~t'E,$' /r't~t Carlisle, Pa 17013 Jacqueline M. Verney, Esquire rOL ~/G7 :sld _.; ~ ~.~~. ~ :,,t..~ ;~ r hti'~'.~i~~;'' :~ :~;~1 aG IN RE: : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NAME CHANGE OF HEATHER A. NEWTON : N0.2007 - 4222 CIVIL ACTION -LAW ORDER OF COURT AND NOW, this day of , 2007, the Order of Court dated September 12, 2007 is hereby amended to reflect that the new name for the child is HEATHER ANN NOSS, instead of Heather A. Noss. J. cc:~,indsay D. Baird, Esquire, for C&Y Henry Newton, pro se /J"acqueline M. Verney, Esquire, GAL ACC&YS ._ ~ofay rn~ ~ ~c -~-~ " L r i~ 'V .,L_ --.~t~ti~ w ~~ ;.~ ~~ ~~ ~•~; ~ ~: : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NAME CHANGE OF HEATHER ANNE NEWTON : NO. 2007- 4222 CIVIL ACTION-LAW ORDER OF COURT da of 2007, the Order of Court dated AND NOW, THIS y September 12, 2007 is hereby amended to reflect the new name for the child is Heather Anne Noss. B`. J. cc: Lindsay D. Baird, Esquire, for CCC&YS Henry Newton, pro se Jacqueline M. Verney, Esquire, GAL CCC&YS ,~~ed hand d~ ~ V ~~ I~ ~'~~ I A(:~ C`~ t *~.a ~~ '~ _ ., t-.r..~ i ~~ t"~ '~ 7 n f ~~ r. . ~. 1. ....;...A -~- t~ -~ ~ ~~ IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NAME CHANGE OF : H. N. N0.2007 - 4222 CIVIL TERM IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925 Guido, J., November a ~ , 2007 H. N. is a 16 year old child who, with the assistance of her G.A.L., filed a petition to change her surname. Mother concurred in her request. Father objected. We held a hearing in connection with the petition on September 12, 2007. After hearing the evidence, we granted her request. Father filed this timely appeal in which he alleges that we erred in 1) allowing his daughter to abandon his name in favor of her mother's maiden name; 2) refusing his request for a court appointed attorney; 3) requiring him to participate by phone rather than in person; and 4) refusing his request for our recusal. We will address each issue seriatim. Granting the Name Change In determining whether to grant the petition of a minor child for a name change we must focus upon the best interests of the child. See In re: Grimes, 530 Pa. 388, 609 A.2d 158 (1992). As the Grimes court noted: Specific guidelines [for a child's best interests) are difficult to establish, for the circumstances in each case will be unique, as each child has individual physical, intellectual, moral, social and spiritual needs. However, general considerations should include the natural bonds between parent and child, the social stigma or respect afforded a particular name within the community, and, where the child is of sufficient age, whether the child intellectually and rationally understands the significance of changing his or her name. 2007 - 4222 CIVIL TERM 530 Pa. at 394, 609 A.2d at 16 (citations and footnotes omitted) (emphasis added). Applying those standards to the case at bar we had no doubt that the name change would be in the child's best interest. As noted above H.N. is 16 years old. She lives with her maternal grandparents and wants to assume their surname. Her father is in prison as a result of his conviction for sexually abusing her. She no longer wants to be associated with him. Furthermore, the fact that her father is in prison for sexual abuse is well known within the local community.l Finally, the child has thoroughly discussed the matter with her therapist and is convinced that the name change will help her to recover from the trauma inflicted upon her by her father. Refusal to Appoint an Attorney to Represent Father. There is a presumption that an indigent litigant is only entitled to court appointed counsel when his liberty is at stake. Com. v. $9847.00 U.S. Currency, 550 Pa. 192, 704 A.2d 612 (Pa. 1997) citing Lassiter v. Department of Social Services, 42 U.S. 18, 101 S. Ct. 2153 (1981). However, "in certain limited situations, the Due Process Clause of the Fourteenth Amendment to the United States Constitution may require court appointed counsel in civil matters." Id, 704 A.2d at 615 citing Matthews v. Eldridge, 424 U.S. 319, 96 S. Ct. 893 (1976). The Matthews court set forth three factors that must be considered in determining whether there is a right to court appointed counsel in a civil matter. Those ' When asked by the G.A.L. why she wanted to change her name, H.N. responded: A. Because I don't want to be associated with (my father); because it's in the newspaper, and it's embarrassing whenever kids come up and ask me about it. I just want to be done with him and move on. Transcript of Proceedings, p. 5. 2 2007 - 4222 CIVIL TERM factors are (1) the private interest at stake; (2) the government interest at stake; and (3 ) the likelihood of an erroneous decision. 424 U.S. at 335 96 S. Ct. at 903. After considering those factors we could see no basis to overcome the Lassiter presumption in this case. Therefore, we did not appoint counsel to represent the Father in these proceedings. Requiring the Father to Participate by Phone. The general conduct of the trial is committed to the broad discretion of the trial court. Com. v. Thomas 346 Pa. Super 11, 498 A.2d 1345 (1985). The participation of witnesses and parties by electronic means is not unheard of in civil proceedings. The Rules of Civil Procedure expressly allow the practice in domestic relations matters.2 It is also common practice to allow parties and witnesses to participate by telephone in other proceedings. For instance, in Mansour v. Linganna, 787 A.2d 443 (Pa. Super 2001) an expert witness was allowed to participate by telephone. Furthermore, this court has often used the telephone to allow parties and/or witnesses to participate in dependency, adoption, custody and various other civil proceedings. In the instant case we were satisfied that there was good reason to require Father to participate by telephone. He was in prison for sexually abusing the child who wanted to change her name. It would have been both costly and inconvenient to secure his presence at the hearing. However, of primary concern was the effect it would have had upon the child. It was extremely traumatic for her to face her father during his criminal trial. Since there was no Sixth Amendment right to confrontation in these proceedings, we chose to spare her from being traumatized yet again. Aside from traumatizing his Z See Pa. Rule of Civil Procedure 1930.3. 3 2007 - 4222 CIVIL TERM child, we could not conceive of anything Father could accomplish in person that he could not have accomplished over the phone. Failure to Recuse. On August 8, 2007 we received a letter from Father which we treated as a motion for recusal. In the letter Father simply stated: "I feel that since you are handling my criminal case I will not get an impartial hearing". Because we were satisfied that we could follow the law and impartially rule upon his daughter's request for a name change, we denied the motion.3 ~~ as~o~ DATE Megan Riesmeyer, Esquire For the Mother my Newton, Pro Se ~cqueline M. Verney, Esquire For the Juvenile :sld ~,~ Edward E. Guido, J. ' As the Superior Court has noted: "Participation of the trial judge in an earlier stage of proceedings or in a separate matter involving the same defendant does not, by itself, establish grounds for recusal." Com. v. Gibson, 389 Pa. Super 518, 525, 567 A2d 724, 727, (1989). Furthermore, the Pennsylvania Supreme Court has "tentatively accepted the extra judicial source doctrine." Com. v. Druce, 577 Pa. 581, 590, 848 A.2d 104, 110 (2004). Quoting from the United States Supreme Court, the Druce Court articulated that doctrine as follows: Opinions formed by the judge on the basis of facts introduced or events occurring in the course of current proceedings, or of prior proceedings, do not constitute a basis for a bias or partiality motion unless they display adeep-seated favoritism or antagonism that would make fair judgment impossible. Id. at FN 3. 4 r ~ 1 ^.~ ... _.. i ~ ~t^i ~ .! i [.u:.tta :f i-~, i .s COMMONWEALTH OF PENNSYLVANIA ..,r . S Superior Court of Pennsylvania Karen Reid 8ramblett, Esq. Middle District 100 Pine Street. Suite 400 Prothonotary Harrisbure. PA ]7101 James D. McCullough, Esq. December 13, 2007 717-772-1294 Deputy Prothonotary www.superior.court.state.pa.us Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: 2090 MDA 2007 In Re: Name Change of H.A.N. Appeal Of: H.A.N., father Dear Mr. Long; Enclosed please find a copy of the~docltet for the above appeal that was recently filed in the Superior Court. Kindly review the information on this. dopket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Very truly yours, Karen Reid Bramblett, Esq. Prothonotary TP Enclosure 10:43 A.M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 2090 MDA 2007 Page 1 of 3 December 13, 2007 In Re: Name Change of H.A.N. Appeal Of: H.A.N., father Initiating Document: Notice of Appeal IFP Case Status: Active Case Processing Status: December 12, 2007 Awaiting Original Record Journal Number: Case Category: Civil CaseType: Other Consolidated Docket Nos.: Related Docket Nos.: SCHEDULED EVENT Next Event Type: Original Record Received Next Event Due Date: November 26, 2007 Next Event Type: Receive Docketing Statement Next Event Due Date: December 27, 2007 12/13!2007 3023 10:43 A.M. Appeal Docket Sheet Docket Number: 2090 MDA 2007 Superior Court of Pennsylvania Page 2 of 3 December 13, 2007 COUNSEL INFORMATION Appellant H.A.N., father Pro Se: Prose Appoint Counsel Status: IFP Status: Yes Appellant Attorney Information: Attorney: Newton, Henry A. Bar No.: Law Firm: Address: Cumberland County Prison 1101 Claremont Rd. Carlisle, PA 17015 Phone No.: Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Guardian Ad Litem Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Verney, Jacqueline M. Bar No.: 23167 Law Firm: Law Office of Jacqueline M. Verney Address: 44 S Hanover Street Carlisle, PA 17013 Phone No.: (717)243-9190 Fax No.: (717)243-3518 Receive Mail: Yes E-Mail Address: jmverney@aol.com Receive E-Mail: No FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number TRia~ cvURTIAGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: September 12, 2007 Judicial District: 9 Date Documents Received: December 12, 2007 Date Notice of Appeal Filed: September 25, 2007 Order Type: Order Entered OTN: Judge: Guido, Edward E. Judge Lower Court Docket No.: 2007-4222 ORIGINAL RECORD CONTENTS 12!13/2007 3023 10:43 A.M Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 2090 MDA 2007 Pale 3 of 3 December 13, 2007 Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By December 12, 2007 Notice of Appeal IFP Appellant H.A.N., father December 13, 2007 Docketing Statement Exited (Domestic Relations} Middle District Filing Office 12/13!2007 3023 ..+ 9 ~~> ~ ~~ ~ -~~ ~ ~:~ ~; . `= CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: In Re: Heather A. Newton 2007-4222 Civil Term 2090 MDA 2007 The documents comprising the record have been numbered from No.l to 43, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 12/14/2007 . Curt' R. Lon n ary Regina Lebo An additional cony of this certificate is enclosed. Please sign and date cony, thereby acknowledging receipt of this record. Date Signature & Title Commonwealth of Pennsylvania County of Cumberland ss: In TESTIMONY WHEREOF, t have hereunto this 14 1 Curtis R. Long ,prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein In Re: Heather A. Newton Plaintiff, and Defendant , as the same remains of record before the said Court at No. 07'4222 of Civil Term, A. D. l9 set my hand and affixed the seal of said Court day of ~cetnber n A. D., X2007, Prothonotary 1, Edgar B. Bayley President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that Curtis R. Long , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of • ~~'-rlarxi in the Commonwealth of Pennsylvania, duly commissioned and qualified all of whose acts as such full faith and credit are and ought to be given as well in Courts of judica as els +~vhere nd that the said record, certificate and attestation are in due form of law and mad y the pro offs Commonwealth of Pennsylvania County of Cumberland ss: President .Midge I Curtis R. Long Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Fdgar B. Bayley by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. LN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the deal of said Cou~tOj~is 14 d of c A. D_ ~c . Prothonotary Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of to No. Ct~nberland Zoo?-4222 civil in the Commonwealth of Pennsylvania Term, 19 is contained the following: COPY OF Appearance DOCKET ENTRY In Re: Heather A. Newton **See Certified Copy of Docket Entries** -~ a S O O '., d -rf ~ o o ro 3 ° 3 ~ ~ ~ k c. ~ m G. b "'cf C~. ~ c . ~ a 0 o ~ 0 ~ ~ ~ I •• ~ z z c o H D ll~ ~ N p~ N N ~ ~ n ~ C ~ H ~ y y r ~ ~ PYSS'1 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2007-04222 NEWTON HEATHER A (vs) Reference No. Filed......... 7/18/2007 Case Type.....: PETITION - NAME CHANGE Time.........: 1:56 Judgment......: 00 Execution Date O/00/0000 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc.: Disposed Date. 0/00 0000 ------------ Case Comments -------------, Higher Crt 1.: 2090 MDA2007 Higher Crt 2.: ******************************************************************************** General Index Attorney Info NEWTON HEATHER A PETITIONER VERNEY JACQUELINE M ******************************************************************************** * Date Entries * ******************************************************************************** .3" ~ 7/18/2007 9- /!J 7/18/2007 7/18/2007 !I s/13/2007 /~ 8/30/2007 9/13/2007 1.3-/7 9/25/2007 /~-~~ 10/02/2007 ~ ~ 10/04/2007 a~-3~ 9/2s/2oa7 3..3 11/06/2007 3~ 11/28/2007 3~'-,~~ 11/30/2007 ,~~^~/~ 12/14/2007 12/14/2007 y3 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - PETITION FOR CHANGE OF NAME - BY JACQULINE M VERNEY ATTY FOR PETITIONER ------------------------------------------------------------------- PRAECIPE TO PROCEED IN FORMA PAUPERIS - BY JACQUELINE M VERNAY GUARDIAN AD LITEM FOR CHILD ----------------/---/-------------------//----------------------------- OORDRETROOMCNO 3 CUMBERLAND COUNTYRCOURTHOUSE7 EDWARDOEPGUIDO JUDGE 7/18/07 COPIES DIST BY ATTY CERTIFICATION FROM PENNSYLVANIA STATE POLICE ORDER OF COURT - DATED 08-29-07 - IN RE: FATHERS REQUEST THAT WE RECUSE OURSELVES FROM FURTHER PROCEEDINGS IN THIS MATTER IS DENIED - BY EDWARD E GUIDO J - COPIES MAILED 08-31-07 ------------------------------------------------------------------- ORDER OF COURT - DATED 9/12ff07 - IN RE PETITION FOR NAME CHANGE - ORDERED THAT THE NAME IS ~HAI~GED TO HEATHER A NOSS - BY EDWARD E GUIDO J - COPIES MAILED'9 13//07 APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL BY HENRY ALLEN NEWTON PRO SE -------------------------------------------=----------------------- TRANSCRIPT FILED - DATED 9/24/07 - BY EDWARD E GUIDO J ------------------------------------------------------------------- ORDER OF COURT - DATED 10 3/07 - IN RE PETITION TO PROCEED IN FORMA PAUPERIS - REQUEST S GRANTED AND PETITIONER MAY PROCEED WITHOUT PAYMENT OF THE COSTS - BY EDWARD E GUIDO J - COPIES MAILED 10/4/07 ------------------------------------------------------------------- APPEAL SENT TO SUPERIOR COURT OF PA 09-25-07 ------------------------/--/----------------------------//---//---------- AMENDEDFTOOREFLECTTTHATITHEONEW NAMERFOR THE CHDLDEDS9HEATHERIANN NO~~/oNSTEAD OF HEATHER A NOSS - BY EDWARD E GUIDO J - COPY MAILED ------------------------------------------------------------------- ORDER OF COURT - 11/28/07 - IN RE: ORDER OF COURT-9/12/07 HEREBY AMENDED TO REFLECT THE NEW NAME HEATHER ANN NOSS BY EDWARD E GUIDO J HAND DELIVERD BY JMV ------------------------------------------------------------------- EDWARDNEPGUIDO J TOCOPIESPMAILED 11}30%007 IN RE: NAME CHANGE - BY ------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 2090 MDA 2007 NOTICE OF DOCKET ENTRIES MAILED TO MEGAN RIESMEYER ESQ JACQUELINE M VERNEY ESQ LINDSAY DARE BAIRD ESQ AND HENRY ALLF~N NEWTON - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ------------------------ ------------ ~ .oo .oo .oo **************l*y~ ** P~~e'~*****************************************************~r* * End of Case Information * ******************************************************************************** TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This .....~`1....... day of....~ .,!?~........., ~~:.7 .............`~.~~lmr.~.....1~..~n....~~~':... U Prothonotary CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on f le, the transcript cf the proceedings, if any, and the docket entries in the following matter: In Re: Heather A. Newton 2007-4222 Civil Term 2090 MDA 2007 The documents comprising the record have been numbered from No.l to 43, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 12/14/2007 . Curt s R. Long, no Regina Lebo "~ An additional cony of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Si nat re & Title c...} .-- ra ~ c_._ ~ ~-' ~ ~; a Cp ~h,, ,i.. ~--,~ .~-~ ~..~ rri 4!~ L.YI Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 C 1015 - 4/04 10/1 /99 Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary .~' y Superior Court of Pennsylvania Middle District February 4, 2008 RE: In Re: Name Change of H.A.N. No. 2090 MDA 2007 Trial Court Docket Number: 2007-4222 Dear 100 Pine Street. Suite 400 Hamsbure. PA ]7101 717-772-1294 www.superior. court.state.pa.us Enclosed please find a certified copy of an order dated February 4, 2008 entered in the above-captioned matter. Pursuant to the foregoing Order a certified copy of same, along with the original record will be forwarded to the trial court in due course. Very truly yours, ,~G mes D. McCullou ,Esq. Deputy Prothonotary TP Enclosure cc: Jacqueline M. Verney, Esq. The Honorable Edward E. Guido Judge Mr. Curtis R. Long Prothonotary No.: 2090 MDA 2007 Carbon Copy Recipient List Addressed To: Mr. Henry A. Newton HF9632, SCI Camp Hill PO Box 200 Camp Hill, PA 17001-8837 Carbon Copied: Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Jacqueline M. Verney, Esq. Law Office of Jacqueline M. Verney 44 S Hanover Street Carlisle, PA 17013 The Honorable Edward E. Guido Court of Common Pleas of Cumberland County Cumberland County Courthouse, One Courthouse Sq Carlisle, PA 17013 1013 -10/99 10/1/99 1N THE SUPERIOR COURT OF PENNSYLVAN'lA, 1N RE: NAME CHANGE 0~' H.A.N. No. 2090 MDA 2007 ORDER The above-captioned appeal is dismissed for the failure of the appellant to comply with )'a.R.A.P. 3517. Date: FEg 4 200 TRUE COPY FROM RECORD Attest: FEB 4 2008 . ~~ Superior Court of PA -Middle District Per Curiam C, C ' c°..9 "..~ ~ "~~~„ ,~; , C#~; - t ~ ,~~R ~~ .... (~i ~~~ ~ ~~ s=ue: ~_.~ t.,3 '~ ~ w Superior Court of Pennsylvania Karen Reid Bramblett, Esq. Mtddle District Prothonotary James D. McCullough, Esq. February 4, 2008 Deputy Prothonotary Certificate of Remittal/Remand of Record TO: Mr. Curtis R. Long Prothonotary RE: In Re: Name Change of H.A.N. No.2090 MDA 2007 Trial Court/Agency Dkt. Number: 2007-4222 Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: 100 Pine Street. Suite 400 Harrisburg, PA 17101 717-772-1294 www. superior. court. state.pa.us Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Filed Date Description Part December 18, 2007 1 Date of Remand of Record: MAR 1'3 1~9 ORIGINAL RECIPIENT ONLY -Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. ~~~~~ Signature Printed Name Date Enclosure /tp ~? r~ ~ ~ra c t cx~ ~ ivr~ f- '1 ~ ~1 ( , .. r ..... ~~'"r A ~ -rte ~,~1. w i _ ~ ~In ^~ 3 `_,~ ~ • ~ - - r"mot .:~' 1N THE SUPERIOR COURT OF PENNSYLVANIA, 1N RE: NAME CHANGE Oi' H.A.N. No. 2090 MDA 2007 ORDER The above-captioned appeal is dismissed for the failure of the appellant to comply with Pa.R.A.P. 3517. Date: FEB 4 200a TRUE COPY FROM RECORD Attest: ~ 1 ~~3 20Q8 . ~~~~ Deputy Prothonotary Superior Court of PA -Middle District Per Curianl C? ~ ~ _ _ ~ ~ "„~ !. i - .. ~,) ~ ~ ~ ~ n Rj~ ~ C.. ` '. ~ i ~ J~-*' L CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER • PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: In Re: Heather A. Newton 2007-4222 Civil Term 2090 MDA 2007 The documents comprising the record have been numbered from No.l to 43, and attached • hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has- been transmitted to the Appellate Court is 12/14/2007 . n i ;lit _. . Curtis R. Long;`l~rothond~tary Regina Lebo // An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title Received in Superior Court DEC 1 8 2007 MIDDLE ~~~ J • CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if ar~y, and the docket etiiries in the ioiiowirig matter. In Re: Heather A. Newton 2007-4222 Civil Term 2090 MDA 2007 The documents comprising the record have been numbered from No.i to 43, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 12/14/2007 . Curtis R. Long,-Pr "t ono' ry Regina Lebo An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. ~~ R'1~41Li^~nr, n.,,...ei Date ~ ignature & Title ,~ ~~~ ,jig ~,~: i•