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Home My WebLink About09-5765.-* MISTY L. HOFFMAN, PLAINTIFF VS. LIANE GLADWIN and ROBERT GLADWIN DEFENDANTS : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA G .5 NO. D / CIVIL TERM : CIVIL ACTION -LAW IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you- fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 c MISTY L. HOFFMAN, PLAINTIFF VS. LIANE GLADWIN and ROBERT GLADWIN DEFENDANTS : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09' S 2 41 T CIVIL TERM CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, MISTY L. HOFFMAN, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff is MISTY L. HOFFMAN, who currently resides at 252 Morgan Street, Apt 305, Phoenixville, Pennsylvania, 19460. 2. The Defendants are LIANE GLADWIN and ROBERT GLADWIN, who currently reside at 1550 Williams Grove Road, Lot 101, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks Primary Legal and Primary Physical Custody of the following child: Name Present Residence Date of Birth BRANDON JACK HOFFMAN 252 Morgan Street, Apt 305 February 23, 1993 Phoenixville, PA 4. The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff, who resides at 252 Morgan Street, Apt 305, Phoenixville, Pennsylvania, 19460. 6. Since 2004 the child has resided with the following persons at the following addresses: PERSONS ADDRESS n0TRC Liane and Robert Gladwin Misty L. Hoffman 1550 Williams Grove Road 2003 to June, 2009 Lot 101, Mechanicsburg, PA 17055 252 Morgan Street, Apt 305 June 2009 to Present Phoenixville, PA 7. The biological Mother of the child is the Plaintiff, Misty L. Hoffman, who currently resides at 252 Morgan Street, Apt 305, Phoenixville, Pennsylvania, 19460. 8. The adoptive father of the child, Jack D. Hoffman is deceased. The adoptive mother of the child, Virginia E. Taylor, has been missing since 2004 Virginia E. Taylor gave custody of the child to Liane and Robert Gladwin, the child's Great Aunt and Uncle. 9. The relationship of the Plaintiff, Misty L. Hoffman to the child is that of the Biological Mother. The Biological Mother resides at 252 Morgan Street, Apt. 305, Phoenixville, Pennsylvania, 19460. 10. The relationship of the Defendants, Liane and Robert Gladwin, to the child is that of Great Aunt and Uncle. Liane and Robert Gladwin reside at 1550 Williams Grove Road, Lot 101, Mechanicsburg, Cumberland County, Pennsylvania, 17055. r 11. The Plaintiff 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. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody of the child in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. The Biological Mother has great love and concern for the child; B. The child desires to live with his Biological Mother. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, Plaintiff, MISTY L. HOFFMAN, requests this Honorable Court award the Plaintiff, MISTY L. HOFFMAN, PRIMARY LEGAL and PHYSICAL CUSTODY of the minor child, BRANDON JACK HOFFMAN. Dated: August ?, 2009 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Can i llo, Esgi Counsel for Pl intiff PA I.D. # 6499 4010 Glenfinnan ace Mechanicsburg PA 17055 (717) 724-2278 0 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: G MISTY J. HOPFMAN OT THE: f' '!7ARy 20j9 :vfG 20 AIN i I -. 4 cc 1.35a P-T# aaa5ao i MISTY L. HOFFMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LIANE GLADWIN AND ROBERT GLADWIN DEFENDANT 2009-5765 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 31, 2009 , 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 Friday, October 02, 2009 at 9:30 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. 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: __/s/ Hubert X. Gilroy, Ems. _ Custody Conciliator r 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 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) 249-3166 Chu-, 2009 AUG 31 'r 3: 56 Cum r' (IN MISTY ?L. HOFFMAN, T PLAINTIFF VS. LIANE GLADWIN and ROBERT GLADWIN DEFENDANTS : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2009-5765 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY yfe The Plaintiff (hereinafter sometimes referred to as "Mother") is MISTY'J,HOFFMAN, - 5-who currently resides at 252 Morgan Street, Apt 305, Phoenixville, Pennsylvania, 19460. The Defendants are LIANE GLADWIN and ROBERT GLADWIN, who currently reside at 1550 Williams Grove Road, Lot 101, Mechanicsburg, Cumberland County, Pennsylvania, 17055. BRANDON JACK HOFFMAN (hereinafter sometimes referred to as `Brandon"), born on February 23, 1993, is the subject of this Stipulation for Agreed Order of Custody and is the natural child of the Plaintiff. It is Plaintiff and Defendant's belief that it is in the best interests of the minor child to have a meaningful relationship with his natural Mother, provided the child is in a safe environment. M10 WHEREFORE, Plaintiff, MISTY HOFFMAN, and Defendants, LIANE GLADWIN and ROBERT GLADWIN, have entered into a mutual agreement regarding the custody of the child and respectfully request this Honorable Court to enter the following Order: ar 1. Plaintiff shall have Full Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of the minor child, BRANDON JACK HOFFMAN. 2. Plaintiff shall have Full Physical Custody, of the minor child, BRANDON JACK HOFFMAN. DATED: q - o' , 2009 MISTY, DATED:_ R ht t , 2009 DATED: I ` l I , 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF csa mA???? ??tNl. LIANE GLADWIN ROBERT GLADWIN SS: On this, the 1Lt? day of , 2009 before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when LIANE GLADWIN and ROBERT GLADWIN known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Stipulation for Agreed Order of Custody and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. r i 1:A11 ,&W %A"A X111 09 Notary Public' ' VV My Commission Expires: M 6 ? On this, the day of ? e ? cv- , 2009, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared MISTY.OFFMAN known to me (or satisfactorily proven) to be the person whose name is subscribed-to the within Stipulation for Agreed Order of Custody, and acknowledged that he executed the same for the purpose therein contained. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF Moe" -jorncl? IN WITNESS WHEREOF, I have set my hand and notarial seal. COMMO LT F PENNSYLVANIA Na., rs.a canrNMlon se, m?a No Pub6P My Commission Expires: Z/?5102D?.3 F" ? ?u 2 0 0 9 SE. r 9 ?'iti 1 _ -1 SEP 0 2009 MISTY L. HOFFMAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. 2009-5765 CIVIL TERM LIANE GLADWIN and CIVIL ACTION -LAW ROBERT GLADWIN DEFENDANTS IN CUSTODY ORDER OF COURT AND NOW, this I S1 day of 0 tA 4 ` %t , 2009, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, MISTY J. HOFFMAN shall have FULL LEGAL CUSTODY and FULL PHYSICAL CUSTODY of the minor child, BRANDON JACK HOFFMAN, in accordance with the language contained in the within Stipulation. BY THE COURT, o o` ?o/ S nc T 2089 OCT -! PM 33 4 2 cumaffii.. WuwY PENNSYLVANIA MISTY L. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LIANE GLADWIN and ROBERT GLADWIN, NO. 2009-5765 Defendant IN CUSTODY ORDER AND NOW, this r day of September, 2009, the Conciliator being advised the 71 parties have reached an agreement, the Conciliator relinquishes jurisdiction. Q-- Hubert X. Gilroy, Es ire Custody Conciliator D;rr1cf- OF THE PROTHONOTARY 2009 OCT - I PH 2 26 CUMbt ktL • U k aXNT'Y FFNNSYLV*.IiA