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HomeMy WebLinkAbout05-3990JOYCE MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA V. ROBBIE SHOFF DEFENDANT 05-3990 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 10, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, September 12, 2005 at 8:30 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: /s/ jacgueNne M. Tierney, 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 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 JOYCE MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 65- 3 990 ROBBIE SHOFF CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Joyce Miller, who currently reside at 159 Big Spring Terrace, Newville, Cumberland County, Pennsylvania. 2. The Defendant, Robbie Shoff, is an adult individual who currently resides at 143 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Madisen Shoff Date of Birth: August 2, 1999 Address: 143 Redwood Lane, Carlisle, PA 4. The child was born during wedlock. 5. The child is presently living in Juniata County, Pennsylvania. 6. During the child's lifetime, she has resided with the following persons and at the following addresses: Name A preacher and his wife Robbie and Gerlinda Shoff Robbie Shoff Address Juniata County, PA 143 Redwood Lane Carlisle, PA 17013 Carlisle, PA 17013 Date May 2005 to present January 16, 2002 to May 2005 2002 to 2005 Robbie Shoff and child's 2002 to 2005 mother 7. The maternal grandmother of the child is Joyce Miller, who resides at 159 Big Spring Terrace, Newville, Cumberland County, Pennsylvania. & The mother of the child is deceased. 9. The father of the child is Robbie Shoff, who currently resides at 143 Redwood Lane, Carlisle, Cumberland County, Pennsylvania. 10. Father of the child, Robbie Shoff, is married. 11. The relationship of Plaintiff to the child is that of maternal grandmother. 12. The relationship of Defendant to the child is that of father. 13. The Defendant currently resides with the following persons: Gerlinda Shoff, his wife. 14. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 15. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. Plaintiff does not know of a person not a party to the proceedings who have physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. Maternal Grandmother has been a caregiver of the minor child on a weekly basis since her birth. While in her custody, she has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; iv. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with her Maternal Grandmother. c. . Maternal Grandmother is able to provide a stable environment for the child. d. Maternal Grandmother had been exercising custody of the child on an every other weekend basis as well as at least one (1) night during the week. e. Defendant has refused Maternal Grandmother any custody of the child for over eight (8) months. 18. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, Plaintiff requests that This Honorable Court grant partial physical custody of the child to Plaintiff/Maternal Grandmother as follows: a. Every other weekend from Friday through Sunday; b. One overnight each week; and c. Other times as the parties can agree. DATE ?U G " 5 Respectfully submitted, ABOM & KUTULAKis, L.L.P. Kara W. Haggerty / { ID No. 86914 (1 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff a: O o! a tt VERIFICATION I, Joyce Miller, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities v Q Date ;7 - Joyc er CERTIFICATE OF SERVICE AND NOW, this I IF day of 2005, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify tat did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendants by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to. the following: Robbie Shoff 143 Redwood Lane Carlisle, PA 17013 Respectfully submitted, ABOM & KUTULAKIS, L.L.P. V((/ W/ 0 f Kara W. Haggert y ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ?? iR ?.... a r r -? .'.{ i7 .:-.) JOYCE MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA v. NO. 05-3990 ROBBIE SHOFF CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, comes Joyce Miller, (hereinafter "maternal grandmother"), by and through her attorney, Kara W. Haggerty of Abom & Kutulakis, L.L.P., and Robbie Shoff (hereinafter "father"), who hereby agree as follows: WHEREAS, the parties are the father and grandmother of one minor child: Madisen Shoff, DOB: 08/02/99; WHEREAS, the parties desire to enter into an agreement as to the custody of the above said child and to the visitation rights of both parties; NOW, THEREFORE, intending to be legally bound hereby, the parties agree as follows: 1. The father and matemal grandmother shall have shared legal custody of the subject minor child. 2. The father shall have primary physical custody of the subject minor child. 3. The maternal grandmother shall have partial physical custody of the subject Ls55 5? r minor child asfollow?C? ?e? Z1?---Fv?s f a. Every weekend from Friday through Sunday; b. Custodial time on Christmas Day in the evening; c. Alternating weeks during the summer holiday; and d. Otherer ttiimess as the parties a ree LrZ5 Of T_tcz , , Fo ?? ? ? S? f? ? P 6) Father shall transport the child to and from maternal grandmother's residence. 5. The parties agree that this Agreement shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: 21t*ler, Plaintiff /Inv Robbie Shoff, Defendant O w3=> N 'RECEIVED SEP 22 2005 JOYCE MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. : NO. 05-3990 ROBBIE SHOFF CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW this Z .L.+ day of _ 4 y k4..412005, the attached Custody Stipulation is hereby made an Order of Court. BY THE COURT, J. Di tribution: L,Xara W. Haggerty, Esquire 4-1A6bbie Shoff 143 Redwood Lane Carlisle, PA 17013 J Qp?' oq"? ",,.n, '-- , S I - I I WN CZ d3S 90OZ AdviUNoi'lit7?'d ?ldl 3Q NOV 1 7 20U JOYCE MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3990 CIVIL TERM ROBBIE SHOFF, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 16'h day of November, 2005, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, cqu ne M. Verney, Esquire, Cust y Conciliator ?1 I , nor. a JOYCE MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. ROBBIE SHOFF Defendant : NO. 05-3990 CIVIL ACTION -LAW IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND MOTION TO MODIFY PARTIAL CUSTODY ORDER AND NOW, this I z day of June, 2006, comes the Petitioner, Joyce Miller , by and through her counsel, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions this Honorable Court to hold Respondent, Robbie Shoff by and through Linda Shoff, in contempt of its Order, and to modify the existing custody order to grant Petitioner primary physical custody, and in support thereof avers the following: COUNT 1: PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER 1. The petition of Joyce Miller, Plaintiff, respectfully represents that on September 22, 2005, an Order of Court was entered awarding Petitioner partial custody of the minor child, Madisen Shoff, date of birth August 2, 1999. A true and correct copy of this order is attached as Exhibit A. 2. Respondent has willfully failed to abide by the Order referenced above, in that: a. Father passed away on April 2, 2006; b. Since Father's death, the child's stepmother, Linda Shoff, has refused to allow the court-ordered partial custody as provided in the Order; c. Linda Shoff has refused any telephone contact between the child and her grandmother. 2 Petitioner contacted undersigned counsel about the situation and requested that this Petition be filed. 1. It is believed and therefore averred that the Respondent has willfully failed to abide by this Honorable Court's Orders regarding the exchange of partial custody; 2. It is believed and therefore averred that stepmother's willful failure to abide by This Honorable Court's Orders is the sole reason it is necessary for Petitioner to file this Petition; 3. Respondent should be ordered to be responsible for Petitioner's costs and attorney's fees associated with the bringing of this Petition. COUNT 2: MOTION TO MODIFY CUSTODY 4. Paragraphs one (1) through five (5) are hereby incorporated by reference. 5. This Order should be modified because: a. Stepmother continually causes problems and disturbances with the custody of Madisen; b. Stepmother has refused all contact between Madisen and her grandmother; c. It is believed and therefore averred that stepmother does not foster Madisen and grandmother's relationship; d. Petitioner currently tries to foster Madisen's relationship with her stepmother and would continue to do so if she received primary custody; e. It is believed and therefore averred it is in the best interest of the child to be in the primary care of Petitioner because she will foster a relationship between child and her stepmother; f. It is believed and therefore averred it is in the best interest of the child to be in the primary custody of Petitioner where the child will be in a stable and safe home environment. 1. Respondent's behavior is having an adverse impact on the current custody arrangement between the parties. WHEREFORE, Petitioner prays that this Honorable Court find Respondent in contempt of its Order. Petitioner prays that this Honorable Court grant the Motion to Modify Custody and grant Petitioner primary physical custody of the subject minor child. Further, Petitioner prays that this Honorable Court direct Respondent to pay the costs and attorney's fees associated with Petitioner bringing this Petition. Date Z Respectfully submitted, ABOM & KUTULAMS, L.L.P. Kara W. Haggerty LL ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner VERIFICATION I, JOYCE MILLER, verify that the foregoing Petition for Contempt and Petition for Modification of Custody is true and correct to the best of my knowledge and belief. 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. Dater - 9 " J;ZQ?6 JOYCE MILLER Plaintiff V. ROBBIE SHOFF Defendant RECEIVED SEP 22 2005 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-3990 CIVIL ACTION - LAW IN CUSTODY ?JORDER OF COURT t)??nj AND NOW this /L& day of , 2005, the attached Custody Stipulation is hereby made an Order of Court. J. Distribution: Kara W. Haggerty, Esquire Robbie Shoff 143 Redwood Lane Carlisle, PA 17013 hand andtA a' ft spa c,,a? BY THE COURT, JOYCE MILLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 05-3990 ROBBIE SHOFF CIVIL ACTION - LAW `W `" -+ Defendant IN CUSTODY - -b r, n'i CUSTODY STIPULATION AND NOW, comes Joyce Miller, (hereinafter "maternal grandmother"), by and through her attorney, Kara W. Haggerty of Abom & Kutulakis, L.L.P., and Robbie Shoff (hereinafter "father"), who hereby agree as follows: WHEREAS, the parties are the father and grandmother of one minor child: Madisen Shoff, DOB: 08/02/99; WHEREAS, the parties desire to enter into an agreement as to the custody of the above said child and to the visitation rights of both parties; NOW, THEREFORE, intending to be legally bound hereby, the parties agree as follows: 1. The father and maternal grandmother shall have shared legal custody of the subject minor child. 2. The father shall have primary physical custody of the subject minor child. 3. The maternal grandmother shall have partial physical custody of the subject minor child as follows: - - a. Every weekend from Friday through Sunday; b. Custodial time on Christmas Day in the evening; Alternating weeks during the summer holiday; and d. Other times as the parties a re 1-aV?`e q (, ice- ?-KQ ??1 a t' J , LL- a Father shall transport the child to and from maternal grandmother's residence. 5. The parties agree that this Agreement shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: Qz" ler, Plaintiff Robbie Shoff, Defendant CERTIFICATE OF SERVICE AND NOW, this RNay of June, 2006, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND MOTION TO MODIFY PARTIAL CUSTODY ORDER upon the Respondent by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Linda Shoff 243 Redwood Lane Carlisle, PA 17013 Kara W. Haggerty Attorney for Petiti O G? `\. V W JOYCE MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBBIE SHOFF DEFENDANT 05-3990 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 20, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at-- 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 20, 2006 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. 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, $y; /s/ ac uelrne M. Verne Es . 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 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 60 -Z! tlei ZZ ?,Fi 9;n1 RECETVEID AUG 0 9 2006 Y: /i'j y GERLINDA SHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3792 CIVIL ACTION - LAW JOYCE MILLER, Defendant : IN CUSTODY JOYCE MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3990 ROBBIE SHOFF, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this io ` day of /? .. " 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The actions at Docket No. 06-3792 and 05-3990 are hereby consolidated. 2. The prior Order of Court at Docket No. 05-3990 dated September 22, 2005 is hereby vacated. 3. The Stepmother, Gerlinda Shoff shall have sole legal custody of Madisen Shoff, born August 2, 1999. 4. Stepmother, Gerlinda Shoff shall have primary physical custody of the child. 5. Grandmother, Joyce Miller, shall have periods of partial physical custody on alternating weekends beginning Friday, August 11, 2006 from Friday at 5:00 p.m. to Sunday at 5:00 p.m. 6. Stepmother shall be responsible for obtaining counseling for the child. 7. Grandmother shall be responsible for obtaining family counseling for the -I child, stepmother and grandmother. 4 r-A DD?? Y P fir` of 'o? @P Ci 8. Transportation shall be shared such that the receiving party shall transport. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for November 7, 2006 at 8:30 a.m. BY THE COURT, Kevin A ess. J. cc: Matthew A. McKnight, Esquire, Coun)il for Stepmother Kara W. Haggerty, Esquire, Counsel for Grandmother GERLINDA SHOFF, Plaintiff V. JOYCE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3792 CIVIL ACTION - LAW : IN CUSTODY JOYCE MILLER, Plaintiff V. ROBBIE SHOFF, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3990 IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Madisen Shoff August 2, 1999 Gerlinda Shoff, stepmother 2. A Conciliation Conference was held in this matter on August 8, with the following in attendance: The Stepmother, Gerlinda Shoff, with her counsel, Matthew A. McKnight, Esquire, and the maternal Grandmother, Joyce Miller, with her counsel, Kara W. Haggerty, Esquire. 3. Natural Mother died in 2002. Natural Father died in 2005. 4. A prior Order of Court was entered by the Honorable Kevin A. Hess upon stipulation of the parties at Docket Number 05-3990 dated September 22, 2005 providing for shared legal custody between natural Father and maternal grandmother, with Father having primary physical custody and Grandmother having two weekends per month. The parties agreed to an Order in the form as attached. S -` -V Date ?c2 acq line A Verney, Esquire Custody Conciliator NOV 0 7 2006 oOy GERLINDA SHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3792 CIVIL ACTION - LAW JOYCE MILLER, Defendant : IN CUSTODY JOYCE MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3990 ROBBIE SHOFF, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 7th day of November, 2006, having been advised that the parties are satisfied with the current Order of Court and no addition conciliation conference is necessary, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, A, L-? Acqu ne M. Verney, Esquire Custody Conciliator 0 q?c ? f rC1 - J9U'l l 7 ``?4 t`.. , ? 3uW GERLINDA SHOFF, Plaintiff V. JOYCE MILLER, Defendant JOYCE MILLER, Plaintiff V. GERLINDA SHOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3792 CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3990 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Joyce Miller, an adult individual residing at 159 Big Spring Terrace, Newville, PA 17241. 2. Respondent is Gerlinda Shoff, an adult individual residing at 243 Redwood Lane, Carlisle, PA 17013. 3. Petitioner is seeking modification of the Custody Order entered into by this Court on August 10, 2006, regarding Madisen L. Shoff, born August 2, 1999, currently residing at 1873 Walnut Bottom Road, Newville, PA 17241. 4. Petitioner seeks primary physical custody of the child for reasons set forth below. 5. The child is presently in the custody of paternal grandparents, who have no current right to legal or physical custody of the child. 6. The child has lived with the following parties and at the following addresses: John W. & Barbara A. Shoff 1873 Walnut Bottom Rd., Newville, Pa. November 16, 2006 to Present Gerlinda Shoff 243 Redwood Ln., Carlisle, Pa. April 2006 to November 16, 2006 Robbie S. & Gerlinda Shoff 243 Redwood Ln., Carlisle, Pa. September 2005 to April 2006 "A preacher and his wife" Juniata Co., Pa. May 2005 to September 2005 Robbie S. & Gerlinda Shoff 243 Redwood Ln., Carlisle, Pa. January 16, 2002 to May 2005 Robbie S. Shoff Carlisle, PA 17013 2000 to 2002 Tonya M. Shoff 2000 to 2002 Robbie S. & Tonya M. Shoff 1999 to 2000 7. Petitioner is the natural maternal grandmother of the child. 8. Respondent is the widow of the natural father, Robbie S. Shoff, and step-mother of the child. 9. Tonya M. Shoff, daughter of Petitioner and natural mother of the child, died July 26, 2002. 10. At the time of her death, Tonya M. Shoff had been separated from husband Robbie S. Shoff since November 30, 2000. 11. Petitioner filed a Complaint for Custody against Robbie S. Shoff on August 4, 2005. 12. A Custody Order was issued by the Court on September 22, 2005, awarding Petitioner shared legal custody and partial physical custody of the child. 13. Robbie S. Shoff died on April 2, 2006. 14. Petitioner filed with the Court a Petition for Civil Contempt against Gerlinda Shoff, widow of Robbie S. Shoff and step-mother of the child, and a Motion to Modify Partial Custody Order on June 16, 2006. 15. Gerlinda Shoff, residing at 243 Redwood Lane, Carlisle, PA 17013, filed a Complaint for Custody with the Court on July 3, 2006. 16. A Custody Order was issued by the Court on August 10, 2006, wherein: the matters of Shoff v. Miller (06-3792) and Miller v. Shoff (05-3990) were consolidated into one, Gerlinda Shoff was awarded legal custody and primary physical custody of the child, Petitioner was awarded partial physical custody, and a conciliation conference was scheduled for November 7, 2006. (Exhibit 1, Custody Order, is attached and incorporated herein as if fully set forth.) 17. Stanley E. Richwine, natural maternal grandfather of the child residing at 1004 North West Street, Apt. 1, Carlisle, PA 17013, filed a Petition for Appointment of Temporary Guardian on August 16, 2006. 18. Gerlinda Shoff subsequently filed a Petition for Appointment of Temporary Guardian. 19. On October 13, 2006, the Honorable Judge J. Wesley Oler, Jr., issued an Order consolidating the petitions of Stanley E. Richwine and Gerlinda Shoff. 20. On November 7, 2006, following cancellation of the scheduled conciliation conference, Jacqueline M. Verney, Esquire relinquished jurisdiction as conciliator in the consolidated matter of Shoff v. Miller (06-3792) and Miller v. Shoff (05-3990). 21. John W. and Barbara A. Shoff, natural paternal grandparents of the child residing at 1873 Walnut Bottom Road, Newville, PA 17241, filed a Petition for Appointment of Temporary Guardians on February 12, 2007. 22. Kara W. Haggerty, Esquire, withdrew as counsel for Petitioner on March 1, 2007. 23. Galen R. Waltz, Esquire, the undersigned counsel, entered appearance as counsel for Petitioner on March 2, 2007. 24. On March 2, 2007, Jane Alexander, Esquire, counsel for John W. and Barbara A. Shoff, granted to Petitioner an extension to answer the Shoffs' petition until March 9, 2007. 25. Petitioner filed an Answer to the Shoffs' Petition for Appointment of Temporary Guardians and her own Petition for Appointment of Temporary Guardian on March 9, 2007. 26. Respondent has relinquished actual physical custody of the child since November 16, 2006 to the paternal grandparents, who have no current right to physical or legal custody of the child. 27. Respondent's surrender of custody to another party, after the Court awarded Respondent custody, is not the stable life the child needs and deserves. 28. Respondent is in a state of declining health to such a degree that she is unable to have the charge of a minor child. 29. It is believed, therefore it is averred, that Respondent was and is incapable of looking after the child and cannot manage her energetic nature. Petitioner, however, has been and continues to be competent to watch over and manage the vivacity of the child. 30. Petitioner is the only party other than Respondent (who has now relinquished custody) with any right to physical custody of the child. 31. Relocation of the child to Petitioner's home will allow the child to continue in the same school which she already attends. 32. Petitioner continues to see and take care of the child every other weekend, pursuant to the August 10,2006 Custody Order. 33. Petitioner will provide a perpetually stable and safe home environment for the child. 34. The child has often voluntarily indicated her desire to live with Petitioner. 35. Petitioner will foster the child's ongoing relationship with all of her next-of-kin. 36. Petitioner has initiated acquisition of counseling in accordance with paragraph 7 of the August 10, 2006 Custody Order. 37. The best interest and permanent welfare of the child will be best served by granting the relief requested for the reasons stated above. WHEREFORE, Plaintiff requests your Honorable Court schedule a conciliation conference and subsequently grant the Plaintiff's requests for modification of the August 10, 2006 Custody Order and grant Plaintiff primary physical custody. Date Respectfully Submitted TURO L,?VV OFFIC ' O?alen R. Waltz, Esc 28 South Pitt Stre4 Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff GERLINDA SHOFF, Plaintiff V. JOYCE MILLER, Defendant JOYCE MILLER, Plaintiff V. IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENNSYLVAN NO. 2006-3792 / CIVIL ACTION - IN CUSTODY f? AuG,14 . ?v -. i V\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3990 ROBBIE SHOFF1 EXHIBIT Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /y ? day of , 2006, upon consideration of the attached Custody Concilia on Report, it is ordered and directed as follows: The actions at Docket No. 06-3792 and 05-3990 are hereby consolidated. 2. The prior Order of Court at Docket No. 05-3990 dated September 22, 2005 is hereby vacated. 3. The Stepmother, Gerlinda Shoff shall have sole legal custody of Madisen Shoff, born August 2, 1999. 4. Stepmother, Gerlinda Shoff shall have primary physical custody of the child. 5. Grandmother, Joyce Miller, shall have periods of partial physical custody on alternating weekends beginning Friday, August 11, 2006 from Friday at 5:00 p.m. to Sunday at 5:00 p.m. 6. Stepmother shall be responsible for obtaining counseling for the child. 7. Grandmother shall be responsible for obtaining family counseling for the child, stepmother and grandmother. RECEIVED AUG 4 9 2006 8Y:- LEAS OF Transportation shall be shared such that the receiving party shall transport. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for November 7, 2006 at 8:30 a.m. BY THE COURT, 1,51 yt x ' (1. Kevin A. Hess, J. cc: Matthew A. McKnight, Esquire, Counsel for Stepmother Kara W. Haggerty, Esquire, Counsel for Grandmother TRUE COPY FROM RECORD Testimony whereof, I here unto set my hang -1 the seal of said Court at Carpals, RL ?rothonrrta?rr GERLINDA SHOFF, Plaintiff V. JOYCE MILLER, Defendant JOYCE MILLER, Plaintiff V. GERLINDA SHOFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3792 CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3990 CIVIL ACTION - LAW IN CUSTODY VERIFICATION I, Joyce A. Miller, Petitioner in this matter, do hereby depose and state that the statements contained in the foregoing petition are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date J Miller CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Petition to Modify Custody, by depositing same in the United States Mail, first class, postage pre-paid on the '?'A day of March 2007, from Carlisle, Pennsylvania, addressed as follows: Gerlinda Shoff 243 Redwood Lane Carlisle, PA 17013 TURD LAW OFFICES Galen R. Waltz, 'Es e 28 South Pitt Stre Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 JOYCE MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3990 GERLINDA SHOFF on behalf of CIVIL ACTION - LAW ROBBIE SHOFF, Defendant IN CUSTODY WITHDRAWAL OF APPEARANCE Please withdraw the appearance of the undersigned as counsel for Plaintiff, Joyce Miller, in the above-captioned matter. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. J 22 Date: ®J 01161 Kara W. Haggerty, Es e I.D. #86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for Plaintiff, Joyce Miller, in the above-captioned matter. Respectfully submitted, Date: • A 4 en R. Waltz Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 c ? C' G+ s JOYCE MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-3990 CIVIL ACTION LAW GERLINDA SHOFF IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, March 12, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 10, 2007 - 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. 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: /s/ jacqueline M. Verney, 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 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 )JW :, 14- GERLINDA SHOFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOYCE MILLER, Defendant V. JOHN SHOFF & BARBARA SHOFF, Interveners V. STANLEY RICHWINE, Intervener NO. 06-3792 CIVIL TERM JOYCE MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ROBBIE SHOFF, Defendant V. JOHN SHOFF and BARBARA SHOFF, Interveners V. STANLEY RICHWINE, Intervener NO. 05-3990 CIVIL TERM I ORDER OF COURT AND NOW, this 19`x' day of July, 2007, upon consideration of custody stipulation filed in the above matters, the stipulation is approved and the terms of the stipulation are hereby made an order of court. The above custody cases are hereby consolidated to No. 06-3792, to the extent not previously consolidated. Galen R. Waltz, Esq. 28 South Pitt Street Carlisle, PA 17013 Attorney for Joyce A. Miller Matthew A. McKnight, Esq. Marcus A. McKnight, III, Esq. 60 West Pomfret Street ` Carlisle, PA 17013 ` Attorneys for Gerlinda Shoff /arold S. Irwin, II 64 South Pitt Street Carlisle, PA 17013 Attorney for Stanley E. Richwine ane M. Alexander 148 South Baltimore Street P.O. Box 421 Dillsburg, PA 17019-0421 Attorney for John W. and Barbara A. Shoff rc BY THE COURT, _?. ?? ? r; cy -- . L ? j ?? ,.. ,y ?? wCs_1 ,?u.3 ? 6'_ :1 f? tt_ CJ ?c...°? _.".? ?, C.:? NOV 0 5 2001 JOYCE MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3990 CIVIL ACTION - LAW ROBBIE SHOFF, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2°d day of November, 2007, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ac eline M. Verney, Esquire, C dy Conciliator t? t + 6N. 10 OZ S ti7 }A P .k„d i f l Vw1 ..t 7 f J-l ?1? ?.e