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HomeMy WebLinkAbout04-0216VIRGINIA E. TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW SANDRA SASSAMAN, Executrix of the Estate of JACK D. HOFFMAN, : Deceased, LIANE GLADWIN and : ROBERT GLADWIN, : Defendants : IN CUSTODY : NO. 04 - ~ CIVIL TERM CUSTODY NOW comes the plaintiff, Virginia E. Taylor, by her attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for modification of custody, representing as follows: 1. The plaintiff is VIRGINIA E. TAYLOR, an adult individual residing at RR 1, Box 242P, Kittanning, Armstrong County, Pennsylvania 16201. 2. Defendant SANDRA SASSAMAN is the executrix of the Estate of Jack D. Hoffman, deceased, and resides at 1551 Townhill Road, York Springs, Adams County, Pennsylvania. 3. Defendants LIANE GLADWIN and ROBERT GLADWIN are adult individuals residing at 1331 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania 17013. 3. The child who is the subject of this matter, BRANDON JACK HOFFMAN, was born on February 23, 1993, is 10 years old and resides with the Gladwins at 1331 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania 17013. 4. The child's biological mother was Misty Jo Larkin and the biological father was Bradley (last name unknown). 5. On or about September 24, 1996, the plaintiff and her husband, JACK D. HOFFMAN, adopted the child, Brandon Jack Hoffman, by decree of Adams County Court of Common Pleas. 6. On or about June 11, 1999, the plaintiff and her husband, Jack D. Hoffman, separated. 7. On July 19, 1999, the Court of Common Pleas of Adams County, Pennsylvania entered an Order of Court, setting forth a custody arrangement for the child. A copy of that Order is incorporated herein by reference and attached hereto as Exhibit "^". 8. The plaintiffs divorce from Jack D. Hoffman was final on July 11,2001. 9. From the time of the divorce through this month, plaintiff had regular partial custody time with the child during Christmas vacation, Spring break and during most of the Summer. 10. Jack D. Hoffman died on Sunday, December 14, 2003, having first executed a last will and testament wherein, according to the plaintiff's information and belief, he provided, inter alia, as follows: ^. That the decedent's sister, Liane Gladwin, serve as guardian of the person of the child until further proceedings determine other arrangements; and B. That the home at 1331 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania, be retained in trust for the purpose of providing a home in which the child can live until he becomes eighteen years of age; and C. That said home shall become the property of the child upon his reaching the age of eighteen. 11. Since the death of Jack D. Hoffman, the child has been with the plaintiff on many days from 9:00 a.m. until at least 4:00 p.m., during the week and on some weekends, by the mutual agreement of plaintiff:with Liane Gladwin and at the request of the child. 12. The child has expressed a strong desire to reside with his mother, the plaintiff herein, and that she and he be permitted to live in the home at 1331 Kiner Boulevard, Cumberland County, Pennsylvania 17013. 13. The child has resided in Cumberland County, Pennsylvania for well more than six months and jurisdiction is now propedy in Cumberland County, Pennsylvania. 14. The parties have not participated as parties or witnesses, or in another capacity, in other litigation concerning the custody of the child in this or another court except as referred to above. Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 15. Defendant does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. Plaintiff believes and therefore avers that the best interests and permanent welfare of the child requires a modification of the current Order, as well as the existing arrangement between the par~ies. 17. Modifications should include a prevision that plaintiff now have sole legal and physical of the child, but may provide, in the discretion of the Court, that Liane and Robert Gladwin have some periods of temporary physical custody of the child according to the mutual agreement of the plaintiff and the Gladwins. WHEREFORE, defendant respectfully requests that the court enter an order providing for the modification of the custody arrangements as aforesaid. January ~, 2004 HAROLD S. IRWIN: II1( Attorney for plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. EXHIBIT "A" 1 2 3 4 .5 6 7 8 9 11 12 13 14 15 16 17 18 19 21 22 23 24 25 IN THE COURT OF COMMON PT,F, AS OF ADAMS COUNTY, Civil Jack D. Hoffnnan vs. Virginia E. Taylor 99-S-626 PENNSYLVANIA ~O~CO~ AND NOW, this 19th day of July, 1999, after a conference attended by father and father's attorney and not attended by mother or anyone zepresentingmother, and it being uncertain at this time as to whether service of the complaint and an Order of Court setting a conference has been completed, IT IS ORDERED that:' 1. Pending further Order of Court, father will have sole legal and primary physical custody of the child, Brandon Jack Hoffraan, date .0f birth, February 23, 1993. 2. Mother will have partial physical custody rights tmder such schedule as mother and father shall agree. 3. Father's attorney is directed to obtain personal service on the Defendant of the original complaint and a certified copy of this Order and file an appropriate certificate or affidavit of service. 4. Mother shall have ten days from service to ~0 'd EEfiO+I~EE+LIL Aid¥£ONOHJ,OT~d WA N~:~O ~Hl ~'OOE-qI-N¥£ 1 2 3 4 5 6 .7 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 file written objections or request an additional conference with this court. John A, Wolfe, Esq. By the Court, Rob~l,~Judge clo VIRGINIA E. TAYLOR PLAINTIFF SANDRA SASSAMAN EXECUTRIX OF THE ESTATE OF JACK D. HOFFMAN, DECEASED, LIANE GLADWIN & ROBERT GLADWlN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-216 CIVIL ACTION LAW : IN CUSTODY ORDER OFCOURT AND NOW, Friday, January 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 12, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for 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. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County ts reqmrcd by law to comply with the Americans with Disabilites Act of 1990. For infb~xaation 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 HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 iL66 VIRGINIA E. TAYLOR PLAINTIFF SANDRA SASSAMAN EXECUTRIX OF THE ESTATE OF JACK D. HOFFMAN, DECEASED, LIANE GLADWIN & ROBERT GLADWIN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-216 CIVIL AC~IION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Friday, January 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 12, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be', made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to fi~rnish 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: /s/ Hubert X. Gilroy, Esq. Custody Conciliator 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 accessihle 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 TttlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Stree'L Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VIRGINA E. TAYLOR, Plaintiff V SANDRA SASSAMAN EXECUTRIX OF THE JACK D. HOFFMAN, DECEASED, LIANE GLADWlN & ROBERT GLADWIN, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION : : NO. 04-216 : : _. : IN CUSTODY CO~TO~ER AND NOW, this ~. 'J day of ,.~ , 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Virginia E. Taylor, and the paternal aunt, Liane Gladwin, shall enjoy shared legal custody of Brandon Jack Hoffman, born February 23, 1993. 2. On a temporary basis and pending further agreement of the parties or order of court, the paternal aunt shall enjoy primary physical custody of the minor child. The mother shall enjoy periods of temporary physical custody of the minor child as follows: a. On alternating weekends pursuant to a schedule arranged between the parties. b. At such other times as agreed between the parties. The parties shall submit themselves and the minor child to a custody evaluation to be performed by Dr. Stanley Schneider of Guidance Associates. Cost of this evaluation shall be paid from the guardianship account of the minor child as supervised by Sandra Sassaman. Upon the conclusion of that evaluation and in the event the parties are unable to reach an agreement at that time, counsel for either party may contact the conciliator directly to schedule another conciliation conference. This evaluation shall be an independent evaluation and shall include all individuals that the evaluator determines should be involved in the evaluation. The guardianship account of the minor child shall also pay costs for the mother to travel from Western Pennsylvania to Cumberland County for purposes of visiting the minor child and coming to the Cumberland County area for purposes of participating in the evaluation. These costs shah include reasonable overnight accommodations at a hotel only. They shall not include mileage or food expenses. CC: t~arold S. Irwin, III, Esquire /.Dale F. Shughart, Jr., Esquire BY THE COURT, 03'03 MAR 01 ~004 ~ VIRGINIA E. TAYLOR, Plaintiff SANDRA SASSAMAN EXECUTRIX OF THE ESTATE OF JACK D. HOFFMAN, DECEASED, LIANE GLADWIN & ROBERT GLADWIN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04~216 IN CUSTODY 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 The pertinent information pertaining to the child who is the subject of this litigation is as follows: Brandon Jack Hoffman, born February 23, 1993. A Conciliation Conference was held on February 19, 2004, with the following individuals in attendance: The mother, Virginia E. Taylor, with her counsel, Harold S. Irwin, III, Esquire, and the designated guardian of the minor child, Liane Gladwin, who is the paternal aunt and who attended with her husband, Robert Gladwin. Also in attendance was Sandra Sassaman, Executrix of the Estate of Jack D. Hoffman. Mr. Hoffman was the father of the minor child and is deceased. Ms. Sassaman attended the conference with her attorney, Dale F. Shughart, Jr., Esquire. Ms. Sassaman has also been appointed guardian of the property of the minor child's estate pursuant to court order dated January 2, 2004, at docket number 21-04-03. 3. The parties agreed to the entry of an order in the form as attached. DATE ubert y, Esquire Custody Conciliator