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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 28820
64 SOUTH PITT STREET
CARLISLE PA 17013
(717) 243-8080
ATTORNEY FOR PETITIONER
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IN RE: MADISEN L. SHOFF, a minor : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS COURT DIVISION
: NO. 21 - 02 - 0795
PETITION TO CLOSE
SEQUESTERED ACCOUNT
NOW comes Stanley E. Richwine, maternal grandfather of Madisen L. Shoff, by his attorney,
Harold S. Irwin, III, Esquire, and presents this petition to close a sequestered account,
representing as follows:
1. Petitioner is Stanley E. Richwine, an adult individual residing at 1004 North West Street,
Apartment No.1, Carlisle, Cumberland County, Pennsylvania 17013.
2. Petitioner is the natural father of Tonya M. Shoff and the maternal grandfather of
Madisen L. Shoff, a minor child, born on August 2,1999.
3. Tonya M. Shoff died on August 4, 2002, as the result of injuries sustained in a one
vehicle accident in Cumberland County, Pennsylvania.
4. At the time of her death, Tonya M. Shoff had been separated from her husband, Robbie
S. Shoff, the natural father of the minor child, since November 30,2000. Since the death of the
child's mother, the child's father has also died and the child is now residing temporarily with the
paternal grandmother.
5. At or near the time of the accident and death of Tonya M. Shoff, her employers and co-
employees collected memorial funds of approximately $500 with the express purpose of
benefiting the minor child.
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6. Pursuant to an order of this Court on September 12, 2002, a copy of which is
incorporated herein by reference and attached hereto as Exhibit "A", petitioner did place the
funds in a sequestered deposit with a federally insured banking institution with instructions that
no withdrawals may be made from said account or accounts without first obtaining an Order of
Court.
7. Petitioner now seeks to close said account and utilize the proceeds thereof for the costs
of filing and processing a guardianship proceeding for the child, including the attorney fees
therefor, the total costs of which are expected to exceed the total amount in the sequestered
desposit.
8. The petitioner does not have the financial resources to provide for all of these costs, but
believes that the guardianship proceedings are necessary in the best interests of the child.
Furthermore, the child was the beneficiary of certain life insurance funds in the amount of
approximately $7,500 which will not be paid out for her benefit until a guardian is appointed.
WHEREFORE, petitioner requests your Honorable Court grant him leave to close the
sequestered account and to use the proceeds thereof for the purposes described above.
July 10 , 2006
64 South Pitt Street
Carlisle, PA 17013
717 -243-6090
Supreme Court 10 No. 29920
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
No. 21-2002-795
GUARDIANSHIP-MINOR
MADISEN L. SHOFF, a minor
PETITION FOR APPOINTMENT OF TEMPORARY GUARDIAN
AND NOW, comes Petitioner, Joyce A. Miller, by and through her attorney, Galen
R. Waltz, Esquire, and presents this Petition for Appointment of Temporary Guardian of
the person and estate of Madisen L. Shoff, a minor, representing as follows:
1. Petitioner is Joyce A. Miller, an adult individual residing at 159 Big Spring
Terrace, Newville, PA 17241.
2. Petitioner is the natural maternal grandmother of Madisen L. Shoff, a minor child,
born on August 2, 1999.
3. Tonya M. Shoff, daughter of Petitioner and natural mother of the child, died July
26, 2002.
4. At the time of her death, Tonya M. Shoff had been separat~ from hl@Pand
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Robbie S. Shoff since November 30,2000. ;:
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Robbie S. Shoff died on April 2, 2006.
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6. Gerlinda Shoff, widow of Robbie S. Shoff and stepmother of the chili:J,vho
resides at 243 Redwood Lane, Carlisle, PA 17013, filed a Complaint for Custody with
the Court on July 3, 2006.
7. 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
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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.)
7. 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.
8. Gerlinda Shoff subsequently filed a Petition for Appointment of Temporary .
Guardian.
9. On October 13, 2006, the Honorable Judge J. Wesley Oler, Jr., issued an Order
consolidating the petitions of Stanley E. Richwine and Gerlinda Shoff.
10. On November 7, 2006, following mutually-agreed 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).
11. 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.
12. Other than Petitioner, the minor child's next-of-kin are as follows:
Stanley E. Richwine (maternal grandfather)
1004 North West St.
Carlisle, PA 17013
John W. and Barbara A. Shoff (paternal grandparents)
1873 Walnut Bottom Rd.
Newville, PA 17241
13. Petitioner has now knowledge of any other court within this Commonwealth
which has appointed a guardian for the minor, however, her step-mother, Gerlinda
Shoff, has been awarded primary physical custody of the child and Petitioner has been
awarded partial physical custody of the child.
14. Gerlinda Shoff has, since November 16,2006, relinquished actual physical
custody of the child to John W. Shoff and Barbara A. Shoff, who currently have no right
to legal or physical custody of the child.
15. Kara W. Haggerty, Esquire, withdrew as counsel for Petitioner on March 1, 2007.
16. Galen R. Waltz, Esquire, the undersigned counsel, entered appearance as
counsel for Petitioner on March 2, 2007.
17. 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.
18. Petitioner filed an Answer to the Shoffs' Petition for Appointment of Temporary
Guardians and a Petition to Modify the August 10, 2006 Custody Order on March 9,
2007.
19. Petitioner has no interest adverse to the minor and has agreed to act as guardian
if this Honorable court shall so appoint. (Exhibit 2, the consent of the proposed
guardian, is attached and incorporated herein as if fully set forth.)
20. If appointed guardian, Petitioner will act in compliance with regulations
promulgated under Court Order in Pennsylvania Bulletin 931, et seq., April 19, 1975.
WHEREFORE, Petitioner respectfully requests this Honorable Court set a
hearing at which the averments of the petition may be documented and the appointment
of Petitioner as temporary guardian for the person and estate of the child may be
considered, with notice thereof to be given to such persons as this Court may direct.
Petitioner further requests that a guardian at litem be appointed to act for the alleged
incapacitated person regarding any necessary hearings. Finally, due to any emergency
and immediate needs of the child, Petitioner requests that she be appointed temporary
guardian pending a final hearing on the matter.
Respectfully Submitted
TURO LAW OFFICES
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alen R. Waltz, E
28 South Pitt s.. t
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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RECEIVED
AUG 0 9 2006
BY: 11'1
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V
: NO. 2006-3792 / CIVIL ACTION. L ~ (i0fiJj" ~'"')r.
: ;7.' AUG 1 4. . .4h
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: IN CUSTODY .... ';> (:lJjjJ
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GERLINDA SHOFF,
Plaintiff
JOYCE MILLER,
Defendant
JOYCE MILLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-3990
EXHIBIT
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ROBBIE SHOFF,
Defendant
: IN CUSTODY
ORDER OF COURT
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AND NOW, this /0 ~. day of './1.A.4f ,2006, upon
consideration of the attached Custody Concilia on Report, it is ordered and directed as
follows:
1. 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.
8. Transp0l1ation shall be shared such that the receiving pa11y 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,
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Kevin A. Hess,
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cc: Matthew A. McKnight, Esquire, Counsel for Stepmother
Kara W. Haggerty, Esquire, Counsel for Grandmother
fRUE COpy FROM RECORLJ
fl Testimony whereof, I here unto set my hano
.d the seat of said Court at CarlIsle, Pa..
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
HQ. lilOQ FC 1 UJ :O~ NCl :1.1- 2 ()O~ . '795
GUARDIANSHIP-MINOR
MADISEN L. SHOFF, a minor
CONSENT OF PROPOSED GUARDIAN
I, Joyce A. Miller, do hereby certify that I am willing to act as the temporary guardian of
the person and estate of Madisen L. Shoff, if the court shall so appoint me.
Further, I do certify that I am not a fiduciary of any estate in which the minor has an
interest,nor do I have any interest adverse to the minor.
The facts and opinions contained herein are true and correct to the best of my
knowledge, information and belief.
Sworn to and subscribed before me
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this g - day of March, 2007.
TH OF PENNSYLVANIA
NotarIa! Seal
James M. Robil\.9(l!\, NoIaIy Public
Q:1dIsIeBoro, Cumberland County
MyCanmJssir''',:~,pires June O. 2009
foiiember, Penn"'i:\"~-.~-~.'A.~:>,)o::h'lti.,,, ,~f ~1i'1tM!<l!!
EXHIBIT
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VERI FICA liON
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. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to
authorities.
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VERIFICATION
I have read the petition and to the extent that it is based upon information which I have
given to my counsel, it is true and correct to the best of my knowledge, information and
belief. To the extent that the content of the petition is that of counsel, I have relied
upon counsel in making this verification. I understand that false statements made
herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn
falsification to authorities.
July JQ., 2006
HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PETITIONER
IN RE: MADISEN L. SHOFF a minor : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS COURT DIVISION
: NO. 21 - 02 - J.!15,.
ORDER OF COURT
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NOW, this /1 t day of ~E:v I. , 2002, on petition of Stanley E.
Richwine, maternal grandfather of Madisen L. Shoff, and no hearing be required for
Court action pursuant to 20 P .c.S. Section 5101, it is hereby ordered and decreed as
follows:
1. Pursuant to 20 Pa.c.S. Section 5101, the proceeds of the Tonya M. Shoff
Memorial Fund shall be paid over to Stanley E. Richwine, as custodian for Madisen L.
Shoff, without the appointment of a guardian of her estate.
2. Stanley E. Richwine shall have all the rights and responsibilities of a
custodian under the Pennsylvania Uniform Transfers to Minor's Act (20 Pa.c.S. Section
5301, et seq.) and shall not be required to post a bond or otherwise enter security for
the proper performance of his duties.
3. The funds received by the custodian for the benefit of Madisen L. Shoff
from the memorial fund or from any other source shall be handled as follows:
i A. The sum of Three Hundred and no/100 ($300.00) Dollars, shall be
paid to Harold S. Irwin, III, Esquire for court costs and attorney fees associated
with this order; and
B. The balance shall be deposited in sequestered savings accounts
and / or certificates of deposit with a federally insured bank with instructions that
no amount may be withdrawn from said accounts prior to the child reaching the
age of twenty-one (21) years without prior order of this Court, except that the
custodian is specifically authorized to move funds between the savings accounts
and / or certificates of deposit to maximize the interest earned.
By the Court,
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A TRUE copy FROM RECORD
In Testimony wherof. 'hereunto
set my hand and the seal
of said Court at c~. :' PAO....
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This J2 day of -JC-- . -::-.
&>lLIuuiln C'lt-Lui I S~ta fUt
Clerk of the Orphans Court V VV\
cumberland county~
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IN RE: MADISEN L. SHOFF a minor : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS COURT DIVISION
: NO. 21 - 02 -
PETITION PURSUANT TO SECTION 5101 OF THE PROBATE. ESTATES &
FIDUCIARIES CODE TO ALLOW DISTRIBUTION OF THE TONYA M. SHOFF MEMORIAL
FUND TO HER NATURAL FATHER. AS CUSTODIAN FOR HER MINOR DAUGHTER
WITHOUT THE APPOINTMENT OF A GUARDIAN
NOW comes petitioner, Stanley E. Richwine, by his attorney, Harold S. Irwin, III,
Esquire, and presents this petition, representing as follows:
1. Petitioner is Stanley E. Richwine, an adult individual residing at 12 North
Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. Petitioner is the natural father of Tonya M. Shoff and the maternal
grandfather of Madisen L. Shoff, a minor child, born on August 2, 1999.
3. Tonya M. Shoff died on August 4, 2002, as the result of injuries sustained
in a one vehicle accident in Cumberland County, Pennsylvania.
4. At the time of her death, Tonya M. Shoff had been separated from her
husband, Robbie S. Shoff, the naturaLfather of the minor child, since November 30,
2000. A divorce action was filed to No. 01 - 3536 Civil Term, Cumberland County Court
of Common Pleas.
5. Since the time of the accident and death of Tonya M. Shoff, her employers
and co-employees have been collecting memorial funds for her with the express
purpose of benefiting the minor child. Petitioner believes and therefore avers that in the
future other funds may become available for the use and benefit of the minor child.
6. Petitioner and the originators of the fund desire that petitioner become
custodian of the funds, that the funds be placed in sequestered deposits with a federally
insured banking institution with instructions that no withdrawals may be made from said
account or accounts without first obtaining an Order of Court.
7. If Your Honorable Court authorizes distribution of the fund without the
appointment of a guardian, payments may be made to Stanley E. Richwine, paternal
grandfather of the minor child, for deposit into PA UTMA savings accounts or
certificates of deposit, being subject to the duties of a custodian under the PA UTMA, as
aforesaid.
8. Petitioner believes and therefore avers that the most efficient way to
expedite the receipt and proper investment of the fund for the use and benefit of the
minor child will be for the Court to dispense with the appointment of a guardian for the
child pursuant to 20 Pa.c.S. Section 5101 and to authorize distribution to Stanley E.
Richwine, as custodian for the minor child, with authorization and direction to invest the
sums in a federally insured bank in savings accounts or certificates of deposit pursuant
to PA UTMA.
WHEREFORE, petitioner requests your Honorable Court to order and direct as
follows:
1. Pursuant to 20 Pa.c.S. Section 5101, the proceeds of the Tonya M. Shoff
Memorial Fund shall be paid over to Stanley E. Richwine, as custodian for Madisen L.
Shoff, without the appointment of a guardian of her estate.
2. Stanley E. Richwine shall have all the rights and responsibilities'of a
custodian under the Pennsylvania Uniform Transfers to Minor's Act (20 Pa.c.S. Section
5301, et seq.) and shall not be required to post a bond or otherwise enter security for
the proper performance of his duties.
3. The funds received by the custodian for the benefit of Madisen L. Shoff
from the memorial fund or from any other source shall be handled as follows:
A. The sum of Three Hundred and no/100 ($300.00) Dollars, shall be
paid to Harold S. Irwin, III, Esquire for court costs and attorney fees associated
with this order; and
B. The balance shall be deposited in sequestered savings accounts
and / or certificates of deposit with a federally insured bank with instructions that
no amount may be withdrawn from said accounts prior to the child reaching the
age of twenty-one (21) years without prior order of this Court, except that the
custodian is specifically authorized to move funds between the savings accounts
and / or certificates of deposit to maximize the interest earned.
Respectfully submitted
August _ , 2002
HAROLD S. IRWIN, III
Attorney for petitioner
VERIFICATION
The foregoing petition is based upon information which has been gathered by my
counsel in the preparation of this lawsuit. The language of the document is the
language of my counsel and not my own. I have read the petition and to the extent that
it is based upon information'which I have given to my counsel, it is true and correct to
the best of my knowledge, information and belief. To the extent that the content of the
petition is that of counsel, I have relied upon counsel in making this verification. I
understand that false statements made herein are subject to the penalties of 18
Pa.c.S.A. Section 4094, relating to unsworn falsification to authorities.
August ~, 2002
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ST ANL . RICHWINE
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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 28820
64 SOUTH PITT STREET
CARLISLE PA 17013
(717) 243-8080
ATTORNEY FOR PETITIONER
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R::CE'VED JUL 1 u :OC5 i
IN RE: MADISEN L. SHOFF a minor
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS COURT DIVISION
: NO. 21 - 02 - 0795
ORDER OF COURT
NOW, this ("3(l day of ~, 2006, on petition of Stanley E. Richwine, maternal
grandfather of Madisen L. Shoff, and on motion of Harold S. Irwin, III, Esquire, attorney for the
petitioner, leave is hereby granted to the petitioner to close the sequestered deposit account
established for Madisen L. Shoff and to use the proceeds thereof for a guardianship proceeding
on her behalf.
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By the Court,
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
]n Re: MADISEN L SHOFF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-02-0795
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 07/19/06
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 07/18/06
IN RE: ORDER OF COURT
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SERVICE TO:
HAROLD S IRWIN III. ESQ
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
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18J PETITIONER
o JU DG E
o CLERK OF ORPHANS COURT
MAILED: 07-18-06
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SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
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o HAND DELIVERED
o OTHER
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAIL~D:
Deputy
Clerk of Orphans' Court
IN THE MATTER OF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS COURT DIVISION
: NO. 21 - 02 - 795
: GUARDIANSHIP-MINOR
,
MADISEN L. SHOFF, a minor
PRELIMINARY ORDER
NOW, this l.l.stday of J vc). ,2006, upon motion of Harold S. Irwin, III, Esquire.
and upon consideration of the attached petition, a rule is issued upon Madisen L. Shoff to show
cause why a temporary guardian of her person and estate should not be appointed. A hearing
on this matter shall be held in Courtroom No. _ of the Cumberland County Courthouse, on
~i:, /3 , 2006, at jj:tJO o'clock .ft..m.
.
Petitioner Stanley E. Richwine, is appointed temporary guardian of Madisen L. Shoff pending a
final ruling by the Court following the hearing.
At least Z 0 days notice of the hearing shall be given to the next-of-kin listed in the
petition by personal service or by regular and certified mail.
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By the Court,
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IN THE MATTER OF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS COURT DIVISION
: NO. 21-02-795
: GUARDIANSIDP - MINOR
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MADISEN L. SHOFF, a minor
ANSWER TO PETITION FOR
APPOINTMENT OF TEMPORARY GUARDIAN
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AND NOW, this 6th day of October, 2006, comes Gerlinda Shoff, by and ffu.ough he~
attorneys, Irwin & McKnight, Esquires, and makes the following Answer to Petition for
Appointment of Temporary Guardian for Madisen L. Shoff as follows:
1. The averments of fact contained in paragraph one (1) of the Petition are admitted.
2. The averments of fact contained in paragraph two (2) of the Petition are admitted.
3. The averments of fact contained in paragraph three (3) of the Petition are admitted.
4. The averments of fact contained in paragraph four (4) of the Petition are admitted in
part and denied in part. It is admitted that Tonya M. Shoff and Robbie S. Shoff were
separated at the time of Tonya's death. It is specifically denied that the child is
residing with Gerlinda Shoff temporarily. By way of further answer, after the death of
the child's mother, the child lived continuously with father and Gerlinda Shoff. Since
the death of the father the child has lived continuously with Gerlinda Shoff who has
physical custody of the child.
5. The averments of fact contained in paragraph five (5) of the Petition are beyond the
know ledge and information available to the Respondent. The averments are therefore
denied and proof thereof is demanded.
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6. The averments of fact contained in paragraph six (6) of the Petition are beyond the
knowledge and information available to the Respondent. They are therefore denied
and proof thereof is demanded.
7. The averments of fact contained in paragraph seven (7) of the Petition are admitted.
8. The averments of fact contained in paragraph eight (8) of the Petition are admitted. A
copy of the Order is attached hereto and marked as Exhibit "A".
9. The averments of fact contained in paragraph nine (9) are admitted.
10. The averments of fact contained in paragraph ten (10) of the Petition are beyond the
knowledge and information available to the Respondent. The averments are therefore
denied and proof thereof is demanded.
11. The averments of fact contained in paragraph eleven (11) of the Petition are denied.
The future actions of the Guardian are unknown. The averments are therefore denied
and proof thereof is demanded
12. The averments of fact contained in paragraph twelve (12) of the Petition are denied. If
granted, custody will be resolved in a separate action.
WHEREFORE, Respondent respectfully requests this Honorable Court to deny
petitioner Stanley E. Richwine's Petition for Appointment of Temporary Guardian.
Respectfully Submitted:
IRWIN & McKNIGHT
Date: If) / () rib'
Ma~um
Supreme Court I.D. No: 93010
Marcus A. McKnight III, Esquire
Supreme Court I.D. No: 25476
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for Gerlinda Shoff
VERIFICATION
The foregoing document is based upon information which has been gathered by our
counsel and ourselves in the preparation of this action. We have read the statements made in this
document and they are true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
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_ GERUNDA SHOF ..
Date:
10(6 riaL
EXHIBIT "A"
GERLINDA SHOFF,
Plaintiff
RECEIVED
AUG 0 9 2006
BY: !II
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2006-3792
CIVIL ACTION - LAW
JOYCE MILLER,
Defendant
: IN CUSTODY
JOYCE MILLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ROBBIE SHOFF,
Defendant
: IN CUSTODY
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AUt; 12 iOOb
V.
: NO. 05-3990
ORDER OF COURT
IR\VTN &. I\lc1~'JIGHT
AND NOW, this 10 ~ day of (A'i.'~t::: ,2006, upon
consideration of the attache~ Custody Concilia on Report, it is ordered and directed as
follows:
1. 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.
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,
/4 -itk~ {J ~
Kevin A. Hess,
J.
cc: Matthew A. McKnight, Esquire, Counsel for Stepmother
Kara W. Haggerty, Esquire, Counsel for Grandmother
rnUE COpv ["ROM PE~O~-..;
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PI~"""'I
IN THE MATTER OF : IN THE COURT OF COMM:ON PLEAS OF
: CUl\1BERLAND COUNTY, PENNSYLVANIA
MADISEN L. SHOFF, a minor : ORPHANS COURT DIVISION
: NO. 21-02-795
: GUARDIANSIDP - MINOR
CERTIFICATE OF SERVICE
I, the undersigned hereby certify that on this 3!day of October, 2006, a copy of
the Answer to Petition for Appointment of Temporary Guardian was served by first-class,
postage prepaid United States mail in Carlisle, Pennsylvania upon the following:
Harold S. Irwin, Esq.
64 South Pitt Street
Carlisle, P A 17013
IRWIN & McKNIGHT
cI{night, Esquire
Supre ourt I.D. No: 93010
Marcus A. McKnight III, Esquire
Supreme Court I.D. No: 25476
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for Gerlinda Shoff
. .
IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
MADISEN L. SHOFF, a minor : ORPHANS COURT DIVISION
: NO. 21-02-795
: GUARDIANSHIP - MINOR
PETITION FOR APPOINTMENT OF TEMPORARY GUARDIAN
AND NOW, this 6th day of October, 2006, comes Gerlinda Shoff, by and through
her attorneys, Irwin & McKnight, Esquires, and makes the following Petition for
Appointment of Temporary Guardian for Madisen L. Shoff as follows:
1.
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2. The subject of the Petition is Madisen L. Shoffwho is the step daughter of the
Petitioner.
3. Said Madisen L. Shoffis the subject of the petition and she resides at 243
Redwood Lane Carlisle, Pennsylvania.
4. The child's mother, Tonya M. Shoff, died of injuries sustained in a motor vehicle
accident on August 4, 2002.
5. The child's father, Robbie Shoff, died August 2,2006
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6. The child lived continuously with father Robbie Shoff and Petitioner from August
4, 2002 through August 2, 2006. The child has lived continuously with Petitioner since
August 2, 2006.
7. The Petitioner and Robbie Shoff were married July 18,2003.
8. The child's next-of-kin are as follows:
Stanley E. Richwine (maternal grandfather)
1004 North West Street
Apt. No. 1
Carlisle, PA 17013
Joyce A. Miller (maternal grandmother)
159 Big Spring Terrace
Newville, P A 17241
John W. and Barbara A. Shoff (paternal grandparents)
1873 Walnut Bottom Road
Newville, P A 17241
8. Since the father's passing, Petitioner has been granted primary physical and sole
legal custody of the child. A copy of the Order is attached as Exhibit "A".
9. Other than Petitioner's legal and physical custody, the child has no general or
testamentary guardian appointed by will, deed, or otherwise, to the knowledge or belief
of petitioner.
10. Maternal grandfather has only recently had limited contact with the minor child.
II. The child is entitled to the following certain property and estate:
a. Social Security benefits through the child's father of approximately one
thousand one hundred forty-six and no/lOO ($1,146.00) dollars per month.
b. The child receives no Social Security benefits through the mother.
12. Petitioner knows of no other property to which the child is entitled. However, she
believes and therefore avers that the child may be entitled to insurance proceeds from the
death of her mother.
13. Petitioner has no interest adverse to the minor and has agreed to act as guardian if
this Honorable Court shall so appoint. The consent of the proposed guardian is
incorporated herein by reference and attached hereto as Exhibit "B".
14. Petitioner will act in compliance with regulations promulgated under Court Order
in Pennsylvania Bulletin 931, et seq., April 19, 1975.
15. If Petitioner shall not be named guardian of the child, the Petitioner requests in
the alternative that any proceeds to which the child is entitled be placed in trust for the
benefit of the child.
WHEREFORE, Petitioner respectfully requests this Honorable Court set a
hearing at which the averments of this petition may be documented and the appointment
of petitioner as temporary guardian for the person and estate of the child may be
considered, with notice thereof to be given to such persons as this Court may direct.
Respectfully Submitted:
IRWIN & McKNIGHT
Matth McKnight, Esquire
Supreme Court I.D. No: 93010
Marcus A. McKnight ID, Esquire
Supreme Court I.D. No: 25476
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorneys for Gerlinda Shoff
Date: /0I01/d
VERIFICATION
The foregoing document is based upon information which has been gathered by our
counsel and ourselves in the preparation of this action. We have read the statements made in this
document and they are true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
rlt QAtffl9, fJ-6iiI
\ -GERUNDA SHOFF
Date:
10/0 riot
EXHIBIT "A"
GERLINDA SHOFF,
Plaintiff
RECEIVED
AUG 0 9 2006
BY: yI
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 2006-3792
CIVIL ACTION - LAW
JOYCE MILLER,
Defendant
: IN CUSTODY
JOYCE MILLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
;
V.
: NO. 05-3990
~~~@;n7~~
AUG 12 [006
ROBBIE SHOFF,
Defendant
: IN CUSTODY
ORDER OF COURT
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AND NOW, this Ie l:'. day of ~.w~ ,2006, upon
consideration of the attached Custody ConcIlla on Report, It IS ordered and dIrected as
follows:
1. 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.
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,
14~ {J ~
Kevin A. Hess,
J.
cc: Matthew A. McKnight, Esquire, Counsel for Stepmother
Kara W. Haggerty, Esquire, Counsel for Grandmother
rnUE COPy r-qOM PECC~...:',
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nd t.... mony Whereo1, I here lmlG set m" I"ianc
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PratIIanrAar,
EXHIBIT "B"
IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
MADISEN L. SHOFF, a minor : ORPHANS COURT DIVISION
: NO. 21-02-795
: GUARDIANSIDP - MINOR
AFFIDA VIT OF CONSENT
I, Gerlinda Shoff, do hereby certify that I am willing to act as the temporary guardian of
the person and of the estate of Madisen L. Shoff, if the Court shall so appoint me.
Further, I do hereby certify that I am not a fiduciary of any estate in which the minor has
an interest, nor have I any interest adverse to the minor.
The facts and opinions contained herein are true and correct to the best of my knowledge,
information and belief.
~rlinda S:Off
Dated: / () jfJ /0 If;
"
IN THE MATTER OF
MADISEN L. SHOFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-2002-7~S'
ORDER OF COURT
AND NOW, this 13th day of October, 2006, upon consideration of the attached
letter from Matthew A. McKnight, Esq., the Petition for Appointment of Temporary
Guardian filed by Matthew A. McKnight, Esq., and Marcus A. McKnight, III, Esq., on
behalf of petitioner Gerlinda Shoff, is hereby consolidated with the Petition for
Appointment of Temporary Guardian filed by Harold S. Irwin, III, Esq., on behalf of
petitioner Stanley E. Richwine.
BY THE COURT,
1.
Matthew A. McKnight, Esq.
Marcus A. McKnight, III, Esq.
60 West Pomfret Street
Carlisle, P A 17013
Attorneys for Petitioner
Gerlinda Shoff
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Harold S. Irwin, II
64 South Pitt Street
Carlisle, P A 17013
Attorney for Petitioner
Stanley E. Richwine
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Jane M. Alexander
148 South Baltimore Street
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a'T-ll-Z00G 04:38PM FROM-IRWIN & McKNIGHT LAW OFFICES
+717Z496354
T-04Z P.002/002 F-452
LAW OFFICES
IRWIN & McKNIGIIT
ROGER B.IRWIN
MA~CUS A. McKNIGHT, 10
DOUGUS G. MlLLER
MATTHEW A. McKNIGJ/T
WEST POMFRET PROFESS/ONAL BUILDING
60 WEST POMFRET STREEl'
CARlISLE. PENNSYLYANM 170IJ-3111
(717) 249plJSJ
FAX (717) 249-6354
fYWW.lMHUW.COM
HAllOLDS.IRWIN (J915-1977)
fW(OLD s.. iRWIN. JR. (IPS4-l9R6J
IRWIN. IRWIN &: IRWIN (/956-1986)
IRWIN. IRWIN &: M~KN1()HT (1911&-/99-1)
JRJJ11N. MdNlGHT d: HUGHES (1994-2003)
WnN & M(:/:~JG1rf (1003- )
October 11. 2006
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: In Re: Madisen L. Shoff
No. 21-02-795
Minor Guardianship
Dear Judge aler:
I am writing in response to Attorney Irwin'$ request for a continuance of the hearing
scheduled this coming Friday at 11 :00 a.m. After consulting with my client, we are not opposed
to a continuance of the scheduled hearing. We also believe that it would be worthwhile to
consolidate both petitions.
Very Truly YOutS,
IRWIN & McKNIGHT
t 7
Matthew 'At McKnight, Esq.
cc: Harold Irwin, III, Esq.
Jane Alexander, Esq.
Gerlinda Shoff
In Re: THE MATTER OF MADISEN 1. SHOFF
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-02-0795
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10-13-06
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 10/13/06
IN RE: ORDER CONSOLIDATED PETITONS
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SERVICE TO:
MATTHEW A MCKNIGHT. ESO
HAROLD S IRWIN
JANE M. ALEXANDER
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
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o PETITIONER
1ZI JUDGE
o CLERK OF ORPHANS COURT
MAILED: 10-16-06
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....
IN THE MATTER OF
MADISEN L. SHOFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2002-7 qr;
ORDER OF COURT
AND NOW, this 13th day of October, 2006, upon consideration of the attached
letter from Harold S. Irwin, III, Esq., attorney for Petitioner Stanley E. Richwine, and the
attached letter from Matthew A. McKnight, Esq., attorney for Petitioner Gerlinda Shoff,
and the attached letter from Jane M. Alexander, attorney for Mr. and Mrs. Shoff, the
hearing previously scheduled for October 13,2006, is CONTINUED GENERALLY.
COUNSELS are directed to file a motion with the Court to reschedule the hearing
if they deem appropriate.
BY THE COURT,
rJJ~
J. esley Oler, J .
Matthew A. McKnight, Esq.
Marcus A. McKnight, III, Esq.
60 West Pomfret Street
Carlisle, P A 17013
Attorneys for Petitioner
Gerlinda Shoff
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64 South Pitt Street
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Stanley E. Richwine
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Jane M. Alexander
148 South Baltimore Street
P.O. Box 421
Dillsburg, PA 17019-0421
Attorney for Mr. and Mrs. Shoff
, From: IRWIN LAW OFFICE
717 243 9200
10/11/2006 08:14 #154 P.002/002
..'
HAROLD S. IRWIN, III
IRWIN LAW OFFICE
'" SDUTH PI" STREET
CARUSLI!, PBNNSYLVANIA 1TfJ13
www.ifwinlawoflice.com
e-mail: irwinJaW@earthlink.net
717-243-6090
PHONE
717-243-9200
FACSIMILE
RHONDA S. IRWIN
SARAH A. HARDESTY
PARALEGALS
October 11, 2006
HON J WESLEY OLER
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQ
CARLISLE PA 17013
RE: IN RE: MADISEN L SHOFF
No. 21 - 02 - 795
Minor Guardianship
Dear Judge Oler:
I filed a petition for guardianship on behalf of this child's maternal grandfather. That
petition is s.cheduled for a hearing on this Friday. Since that time, however, Attorney
Matthew McKnight had filed an answer to my petition on behalf of the stepmother of the
child, who has now filed her own petition for guardianship. The paternal grandparents
have also contacted me through Attorney Jane Alexander, expressing an interest in this
proceeding.
I believe that it may well be possible to resolve this matter and that, in any event, both
cases should be consolidated. I would appreciate a continuance of the hearing
scheduled for this Friday in order that the parties may continue to pursue an amicable
resolution of this difficult manner without requiring the Court's immediate involvement.
BY copy of this letter to Attorney McKnight and Attorney Alexander, I ask that they
communicate their position with regard to this request.
OCT-H-2006 04:38PM FRO~IRWIN & McKNIGHT LAW OFFICES
+7172496354
T-042 P.002/002 F-45Z
......
LAW OFFICES
IRWIN & McKNIGIIT
ROGER B.IRWIN
MAllel1S A. McKNIGHT. 1//
DOUGl.II.S G. MlLLER
MA17'TfEW A. McKNiGHT
WEST POMFREI' PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARlISLE. PENNSYLVANIA J701J.3n1
(717) 249rlJj'
FAX(l17) 249-6354
1YWW.IMHUW.COM
HA.ROLDS. IRWIN (1915-1977)
/WWLDS.IRWIN.JR. (/9S4./9M)
lRWlN.IRWlN & IRWIN (J956-1986)
IRWIN. IRWIN di: McKNIGHT (/gi/6.J994)
IRWIN. McKNIGHT &- HUGHES (1994-2001)
I/{W/N 4& ""(:,/eN/OM (100.3- )
October 11 J 2006
The Honorable J. Wesley 01er, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: In Re: Madisen L. Shoff
No. 21-02.795
Minor Guardianship
Dear Judge Oler:
I am writing in response to Attorney Irwin's request for a continuance of the hearing
scheduled this coming Friday at 11 :00 a.m. After consulting with my client, we are not opposed
to a continuance of the scheduled hearing. We also believe that it would be worthwhile to
consolidate both petitions.
Very Truly Yours,
IRWIN & McKNIGHT
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Matthew 'A. McKnight, Esq.
cc: Harold Irwin, III, Esq.
Jane Alexander. Esq.
Gerlinda Shoff
FILE No.407 10/11 '06 14:42 ID:ALEXANDER LAW OFFICE
FAX:5021087
PAGE 2
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r' ATTORNE:V AT LAW
14a SOUTH BAL.TIMOAE STREET
PO. Box 421
DII.LsaUFtG, PltNNSYL.VANIA 17019-0421
(717) 432-41514
FAX ('117) 502'1087
E.- Meil:jmalexender148'..rthlink net
October 11, 2006
llonoranlt: J. Weslcy 01er
Cumberland COllTlty Courthouse
One Courthouse Squar~
Curlisle, PA 17013
Re: In rc: Mudisen L. Shorr
No. 21-02-79;
Dear Judg~ Olel':
Attorney Irwin, through his correspondence to you oftoduy. correctly sb\ied the
circumstances in the above-cupt.ioned mattcl'.
Thereltm:. I respectfully re4uest that the heuring sc.hcduled fhr October 13, 2006 at 11 :00
a.m. he continued so that the parties may corninue to pursue an umicable resolution to this
mutter.
JMA~j b
Cc: Hu.rold S. Irwin, III, FS<.Iuire
Mr. and Mrs. John W. Shoff
In Re: THE MATTER OF MADISEN L. SHOFF
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-02-0795
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10-13-06
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 10/13/06
IN RE: ORDER Continuim!: hearing
SERVICE TO:
MATTHEW A MCKNIGHT, ESO
HAROLD S IRWIN
JANE M. ALEXANDER
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
[gJ USPS
DRRR
o HAND DELIVERED
o OTHER FAX
o PETITIONER
[8J JUDGE
o CLERK OF ORPHANS COURT
MAILED: 10-16-06
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
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o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
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Attorney for Mr. and Mrs. Shoff
OCT-II-2006 04:38PM FROM-IRWIN & McKNIGHT LAW OFFICES
+7172496354
T-042 P.002/002 F-452
LAW OFFICES
IRWIN & McKNIGlIT
ROGER B. IRWIN
MAR.CUS A. McKNIGHT. III
DOUGLAS G. MlLLER
M"I,171fEW A. McKNIGHT
WEST POMFREI' PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE. PENNSYLVANIA /70JJ-32J2
(7/7) 249-13S3
FAX(ll7) 249-6354
WWJV.IMHUW.COM
HAROLDS./RWlN (J91S-J977)
IiAROLD SolRWIN, JIt (19S4.IPM)
1RW1N.IRWlN & IRWIN (1956-J980)
IRH'IN.lRWIN & Mr;KN/OHT (/9R6-/W-l)
JRIYIN. McKNIGHT & HUGHES (J 994-100J)
Wt'!!I & Mr;KNJG1f1' (1001- )
October 11. 2006
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: In Re: Madisen L. Shoff
No. 21-02.795
Minor Guardianship
Dear Judge Oler:
I am writing in response to Attorney Irwin's request for a continuance of the hearing
scheduled this coming Friday at 11 :00 a.m. After consulting with my client, we are not opposed
to a continuance of the scheduled hearing. We also believe that it would be worthwhile to
consolidate both petitions.
Very Truly Yours,
IRWIN & McKNIGHT
,..;'
f/
Matthew 'A. McKnight, Esq.
cc: Harold Irwin, ill, Esq.
Jane Alexander, Esq.
Gerlinda Shoff
IN THE MATTER OF
MADISEN 1. SHOFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-2002-7q~
ORDER OF COURT
AND NOW, this 13th day of October, 2006, upon consideration of the attached
letter from Matthew A. McKnight, Esq., the Petition for Appointment of Temporary
Guardian filed by Matthew A. McKnight, Esq., and Marcus A. McKnight, III, Esq., on
behalf of petitioner Gerlinda Shoff, is hereby consolidated with the Petition for
Appointment of Temporary Guardian filed by Harold S. Irwin, III, Esq., on behalf of
petitioner Stanley E. Richwine.
Matthew A. McKnight, Esq.
Marcus A. McKnight, III, Esq.
60 West Pomfret Street
Carlisle, P A 17013
Attorneys for Petitioner
Gerlinda Shoff
Harold S. Irwin, II
64 South Pitt Street
Carlisle, P A 17013
Attorney for Petitioner
Stanley E. Richwine
BY THE COURT,
A r.RUe cOPY FROM RECORD
f 'hereunto
In Testimony wherO..
set my hand and the seal
of said coUrt at Car\'sl., PAOt.,
This III day of +- 20_
. ,
CI the .
e . cumberland County
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Clerk of Orphans' Court
Cumberland County
One Courthouse Square
Carlisle, P A 17013
~~~
148 SOUTH BALTIMORE STREET
P O. Box 421
DILLSBURG. PENNSYLVANIA 17019-0421
(717) 432-4514
FAX (717) 502-1087
E-Mail: jmalexllnder148@earthlink.net
February 12, 2007
RE: Madisen L. Shoff, Minor Guardianship
No. 21-02-795
Dear Ms. Strasbaugh:
Please insert this Exhibit "A" in the Petition for Appointment of Temporary Guardian I
filed Monday morning.
I did not realize I had failed to include it.
Thank you so much.
JMNna
Enclosure
Very truly yours,
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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
No. 21-2002-795
GUARDIANSHIP-MINOR
MADISEN L. SHOFF, a minor
ANSWER TO PETITION FOR APPOINTMENT
OF TEMPORARY GUARDIANS
AND NOW, comes Respondent, Joyce A. Miller, by and through her attorney,
Galen R. Waltz, Esquire, and presents this Answer to Petition for Appointment of
Temporary Guardians of the person and estate of Madisen L. Shoff, a minor,
representing as follows:
1. Admitted.
2. Admitted.
3. Admitted in part and denied in part. It is admitted that Tonya M. Shoff died as a
result of an automobile accident but it is denied that she died August 4, 2002. Her
death occurred on July 26, 2002.
4. Admitted in part and denied in part. It is admitted that Robbie Shoff was married
to Linda Shoff at the time of his death but it is denied that he died April 2, 2001. His
death occurred on April 2, 2006.
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8. Admitted.
10. Admitted.
11. Admitted.
12. Neither admitted nor denied. Proof is demanded at a hearing on this matter.
13. Neither admitted nor denied. Proof is demanded at a hearing on this matter.
14. Neither admitted nor denied. Proof is demanded at a hearing on this matter.
WHEREFORE, Respondent respectfully requests this Honorable Court to deny
the Petition for Appointment of Temporary Guardians.
Respectfully submitted,
TURO LAW OFFICES
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'--Calen R. Waltz uire
Attorney for Respondent
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
Answer to Petition for Appointment of Temporary Guardians on Jane M. Alex(inder,
Esquire, by depositing the same in the United States Mail, first class, on the tj1~ day
of March, 2007, from Carlisle, Pennsylvania, addressed as follows:
Jane M. Alexander, Esquire
148 South Baltimore Street
P.O. Box 421
Dillsburg, PA 17019-0421
TURO LAW OFFICES
alen R. Waltz,
28 South Pitt eet
Carlisle, PA 17013
(717) 245-9688; FAX 717.245.2165
VERI FICA TION
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. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to
authorities.
1
Date
,.
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IN THE MATTER OF
MADISEN L. SHOFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2002-795
ORDER OF COURT
AND NOW, this 6th day of March, 2007, upon consideration of the petition for the
appointment of temporary guardians filed by petitioners John W. and Barbara A. Shoff,
the petition for the appointment of temporary guardian filed by petitioner Stanley E.
Richwine, and the petition for the appointment of temporary guardians filed by petitioner
Gerlinda Shoff, a hearing is scheduled for Tuesday, March 27, 2007, at 3:00 p.m., in
Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Matthew A. McKnight, Esq.
Marcus A. McKnight, III, Esq.
60 West Pomfret Street
Carlisle, P A 17013
Attorneys for Petitioner
Gerlinda Shoff
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Harold S. Irwin, II
64 South Pitt Street
Carlisle, P A 17013
Attorney for Petitioner
Stanley E. Richwine
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Jane M. Alexander
148 South Baltimore Street
P.O. Box 421
Dillsburg, P A 17019-0421
Attorney for Mr. and Mrs. Shoff
fit
10
In Re: MADISEN L. SHOFF
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYL VANIA
NO. 21-02-0795
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
03-06-07
,
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 03-07-07
IN RE: ORDER OF COURT
SERVICE TO:
MATTHEW A MCKNIGHT/MARCUS MCKNIGHT ATTY FOR GERLINDA SHOFF
HAROLD S IRWIN ATTY FOR STANLEY RICHWINE
JANE ALEXANDER ATTY FOR MR AND MRS SHOFF
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
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IN THE MATTER OF : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA
MADISEN L. SHOFF, a minor : ORPHANS COURT DMSION
: NO. 2006-FC-1192-Y03
: GUARDIANSHIP-MINOR
2J-~~'15
PETITION FOR APPOINTMENT OF TEMPORARY GUARDIANS
NOW, come Petitioners, John W. Shoff and Barbara A. Shoff: his wife, by their Attorney,
Jane M. Alexander, Esquire and presents this petition for appointment of temporary guardians
of the person and estate of Mad is en L. Shoff, a minor, representing as follows:
1. Petitioners are John W. Shoff and Barbara A. Shoff: his wife, adults individual
residing at 1873 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241.
2. Petitioners are the natural father and mother of Robbie S. Shoff: the natural father of
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the minor child and the paternal grandparents of Mad is en L. Shoff, a min~hild, bo~
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August 2, 1999. ~ ~ C) g
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3. Tonya M. Shoff: natural mother of the child, did August 4, 2002 as~~sQlt o~
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vehicle or accident in Cumberland County, Pennsylvania. :.::{ \.f?
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4. Robbie Shoff: natural father of the child was, at the time of his death on April 2, 2001,
married to Linda Shoff
5. Linda Shoff: step-mother, who resides at 243 Redwood Lane, Carlisle, Cumberland,
PA 17013.
6. The child resided with her step-mother, Linda Shoff: since date of her father's death to
November 16, 2000 when she went to live with the Petitioners at their home at 1873 Walnut
Bottom Road, Newville, P A 17241.
II
7. A Petition for appointment of Temporary Guardian was filed on August 16,2006 by
Harold S. Irwin, III, Esquire on behalf of Stanley E. Richwine, maternal grandfather of
Madisen L. Shoff
8. An answer to granddaughter's petition was filed by Attorney Matthew McKnight and
a petition for guardianship was also filed on behalf of Gerlinda Shoff, step-mother, of
Madisen L. Shoff
9. On October 13, 2006 by order of your Honorable Court both Petitions for
Appointment of Temporary Guardian were consolidated, a copy of said order marked Exhibit
"A" is attached hereto and made a part hereof.
1 O. Other than the Petitioners, paternal grandparents the minor's next of kin are as
follows:
Joyce A. Miller
159 Big Spring Terrace
Newville, P A 17241
Gerlinda Shoff (step-mother)
243 Redwood Lane
Carlisle, P A 17013
Stanley E. Richwine (natural grandfather)
1004 North West Street, Apartment No. 1
Carlisle, AP 17013
11. Petitioners have no knowledge of any other Court within this Commonwealth which
has appointed a guardian for the minor, however, her stepmother, Linda Shoff: has been
awarded primary physical custody of the child with scheduled visitation for Joyce A. Miller,
maternal grandmother.
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12. The minor is incapable of caring for her own personal finances and physical needs.
She has no assets and no income other than the insurance proceeds awarded to Staley E.
Richwine and the social security income by virtue of the death of both of her parents.
13. Petitioners have no interest adverse to the minor and have agreed to act as guardians if
this Honorable Court shall so appoint. The consent of the proposed guardians is incorporated
herein by reference and attached hereto as Exhibit "B".
14. If appointed as guardians, petitioners will act in compliance with regulations
promulgated under Court Order in Pennsylvania Bulletin 931, et seq., Apri119, 1975.
WHEREFORE, petitioners respectfully request this Honorable Court to set a hearing at
which the averments of this petition may be documented and the appointment of petitioners as
temporary guardians for the person and estate of the child may be considered, with notice
thereof to be given to such persons as this Court may direct. Petitioners further request that a
guardians ad litem be appointed to act for the alleged incapacitated person regarding my
necessary hearings. Finally, due to any emergency and immediate needs of the child,
petitioners request that they be appointed temporary guardian pending a final hearing on this
matter.
Date: I&~V f ~ J
n
I
VERIFICA nON
We, John W. Shoff and Barbara A. Shoff: petitioners in this matter, do hereby depose and
state that the facts contained in the foregoing Petition to Appoint of Temporary Guardian are
true and correct to the best of our knowledge, information and belief We understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
DATE: ~:( -' I - () 7
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t-jol1i1 W. Shoff
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Barbara A. Shoff
- I
IN THE MATTER OF
MADISEN L. SHOFF, a minor
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA
: ORPHANS' COURT DIVISION
: NO. 2006-FC-1192-Y03
: GUARDIANSHIP-MINOR
CONSENT OF PROPOSED GUARDIANS
We, John W. Shoff and Barbara A. Shoff: do hereby certify that we are willing to act as the
temporary guardians of the person and estate of Mad is en L. Shoff: if the Court shall so
appoint us.
Further, we do hereby certify that we are not a fiduciary of any estate in which the minor has
an interest, nor have I any interest adverse to the minor.
The facts and opinions contained herein are true and correct to the best of our knowledge,
information and belief
~J/~
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Barbara A. Shoff
Sworn to and subscribed
before me this t S.!' day
of ~,bntA ~ ' 2007.
~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Narumol Alexander, Notary Public
Omsburg Bora, York County
My Commission Expires Apr. 7, 2010
Member, Pennsylvania Association of Notaries
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IN THE MATTER OF
MADISEN L. SHOFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2002-7q~
ORDER OF COURT
AND NOW, this 13th day of October, 2006, upon consideration of the attached
letter from Matthew A. McKnight, Esq., the Petition for Appointment of Temporary
Guardian filed by Matthew A. McKnight, Esq., and Marcus A. McKnight, III, Esq., on
behalf of petitioner Gerlinda Shoff, is hereby consolidated with the Petition for
Appointment of Temporary Guardian filed by Harold S. Irwin, III, Esq., on behalf of
petitioner Stanley E. Richwine.
Matthew A. McKnight, Esq.
Marcus A. McKnight, III, Esq.
60 West Pornfret Street
Carlisle, P A 17013
Attorneys for Petitioner
Gerlinda Shoff
Harold S. Irwin, II
64 South Pitt Street
Carlisle, P A 17013
Attorney for Petitioner
Stanley E. Richwine
BY THE COURT,
A TRUe cOPY FROM RECORD
. t 'hereunto
In Testimony wherO.
set my hand and the seal
of said coUrt at Carlisle. PAOe,
This 111 dBJ~
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M. Alexander
1 South Baltimore Street
.0. Box 421
Dillsburg, PA 17019-0421
Attorney for Mr. and Mrs. Shoff
OCT~11-2006 04:38PM FROM-IRWIN & McKNIGHT LAW OFFICES
+7172496354
T-042 P.002/002 F-452
LAW OFFICES
IRWIN & McKNIGlIT
ROGER B.IRWIN
MARCUS A. McKNIGHT, 10
DOUGLAS G. MILLER
M.A1T!fEW A. McKNIGHT
WEST POMFREI' PROFESSIONAL BUILDING
60 WEST POMFRET STREET
C.AllLISLE. PENNSYLYANIA 170/3-3212
(117) 2.,9rlJS3
FAX (717) 249-6354
fYWW.IMHUW.COM
JUROLD S./RWIN (1925-1977)
fW(OLD S. IRWIN, JIt (J 9J.MPR~)
JRWlN, IRWIN &: IRWIN (19j~1 986)
IRH'lN,/RW'1N de Mr:KNIOIfT (19R6-I99o/)
IRWIN. McKNIGHTd:HUGHES (1994-2001)
IRoWIN 6\ M~NJalrf (1003- )
October 11. 2006
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: In Re: Madisen L. Shoff
No. 21-02.795
Minor Guardianship
Dear Judge Oler:
I am writing in response to Attorney Irwin's request for a continuance of the hearing
scheduled this coming Friday at 11 :00 a.m. After consulting with my client, we are not opposed
to a continuance of the scheduled hearing. We also believe that it would be worthwhile to
consolidate both petitions.
Very Truly Yours,
IRWIN & McKNIGHT
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Matthew A. McKnight, Esq.
cc: Harold Invin, III, Esq.
Jane Alexander, Esq.
Gerlinda Shoff
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IN THE MATTER OF
MADISEN L. SHOFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA
: ORPHANS' COURT DIVISION
: NO. 21-2002-795
CERTIFICATE OF SERVICE
I, Jane M. Alexander, Esquire, hereby certify that I served a true and correct copy of
the Petition for Appointment of Temporary Guardians on Mathew A. McKnight, Esquire and
Harold S. Irwin, II, Esquire, by depositing the same in the United State Mail, first class, on the
13th day of February 2007 from Dillsburg, Pennsylvania addressed as follows:
Matthew A. McKnight, Esquire
Irwin & McKnight
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, P A 17013-3222
Harold S. Irwin, III, Esquire
Irwin Law Office
64 South Pitt Street
Carlisle, P A 17013
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A true and correct copy was also sent to Joyce A. Miller by certified~inail.
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IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF
MADISEN L. SHOFF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
N0.21-2002-795
ORDER OF COURT
AND NOW, this 6`h day of March, 2007, upon consideration of the petition for the
appointment of temporary guardians filed by petitioners John W. and Barbara A. Shoff,
the petition for the appointment of temporary guardian filed by petitioner Stanley E.
Richwine, and the petition for the appointment of temporary guardians filed by petitioner
Gerlinda Shoff, a hearing is scheduled for Tuesday, March 27, 2007, at 3:00 p.m., in
Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Matthew A. McKnight, Esq.
Marcus A. McKnight, III, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorneys for Petitioner
Gerlinda Shoff
Harold S. Irwin, II
64 South Pitt Street
Carlisle, PA 17013
Attorney for Petitioner
Stanley E. Richwine
In IZe: MADISI:N L. SFlOPF
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVAMA
NO. 2 I-02-0795
GILDER DATE:
~ ILDGL'S INfLIALS:
rlrvie s"raMP D,1"rE:
CERT[FICA'PE OF SERVICE OF ORDER
IN RL: ORDER OF COURT
S6RV ICG "I'O: .MAT"PHEW A !~ICPNIGHT/MARCUS MCKNIGHT AT'CY FOR GCRLiNDA _SHOFF
HAKOLD S IRWIN ATTY FOR STANLEY RICHWINE --
JANEALEXANDER ATTY FOR MR AND MRS SHOFF ___ --
.VIE"FiIOU OF_MnILING. ENVELOPES PROVIDED BY:
CSPti
KRR ®PETITIONER
^ BAND DELIVERED ®JUllGE
^ OIIIGR ^ CLERK OF ORPHANS COURT
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MAILf-.D_
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CL.ERK OF ORPHANS COUR"P
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IN THE MATTER OF
MAR 0 9 200~,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
No. 21-2002-795
GUARDIANSHIP-MINOR
MADISEN L. SHOFF, a minor
PRELIMINARY ORDER
AND NOW, this \1 \-h. day of ----M ?.J L~ ' 2007, upon motion of Galen
R. Waltz, Esquire, and upon consideration of the attached petition, a rule is issued upon
Madisen L. Shoff to show cause why a temporary guardian of her person and estate
should not be appointed. A hearing on this matte~~hall be held in Courtroom No. ~ of
the Cumberland County Courthouse, on the:l!l day of~, 2007, at
~ \ 00 o'clock -f-.m.
~vJO
P-91:itieRcr JeYGe A Miller if} aJ3J3eiFlted t~ffiJ38r.'Y gwudian of Madisen L. Shoff pendin~
a r;'lall ulillY uy Ule Court following the neann1:f-
At least ~ D days notice of the hearing shall be given to the next-of-kin listed in the
petition by personal service or by regular and certified mail.
By the Cou rt,
c.c. Jane M. Alexander, Esquire
Harold S. Irwin, III, Esquire
Matthew A. McKnight, Esquire
Galen R. Waltz, Esquire
J.
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In Re: MADISEN L SOHFF, A MINOR
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-02-0795
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 03/11/07
JUDGE'S INITIALS: JWO
TIME ST AMP DATE: 3/13/07
IN RE: PRELIMINARY ORDER
"""""""""""""""""""""""""""""""""""""""""""""""""""""",,"""""",'
SERVICE TO:
JANE M ALEXANDER ESQ: HAROLD S IRWIN III ESQ:
MATTHEW A MCKNIGHT ESQ: GALEN R W AL TZ ESQ
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
['8J USPS
DRRR
o HAND DELIVERED
o OTHER_
['8J PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 03/14/07
""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
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DRRR
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o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
Deputy
Clerk of Orphans' Court
, ...
IN THE MATTER OF
MADISEN L. SHOFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-2002-795
ORDER OF COURT
AND NOW, this 14th day of March, 2007, upon consideration of the petition for
the appointment of temporary guardian filed by Joyce A. Miller, the request for the
appointment of a guardian ad litem is denied.
BY THE COURT,
J.
Galen R. Waltz, Esq.
28 South Pitt Street
Carlisle, P A 17013
Attorney for Joyce A. Miller
Matthew A. McKnight, Esq.
Marcus A. McKnight, III, Esq.
60 West Pomfret Street
Carlisle, P A 17013
Attorneys for Gerlinda Shoff
Harold S. Irwin, II
64 South Pitt Street
Carlisle, P A 17013
Attorney for Stanley E. Richwine
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Jane M. Alexander
148 South Baltimore Street
P.O. Box 421
Dillsburg, PA 17019-0421
Attorney for John W. and Barbara A. Shoff
In Re: MADISEN L SHOFF
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-02-0795
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 03-14-07
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 03-16-07
IN RE: ORDER OF COURT
,.,""""""'""""""""""""""""""""""""""""""""""""""""""""""""""""""
SER VICE TO:
GALEN WALTZ ESQ. MATTHEW MCKNIGHT/MARCUS MCKNIGHT ESQ. HAROLD IRWN III
AND JANE ALEXANDER ESQ
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
C8J USPS
DRRR
D HAND DELIVERED
D OTHER_
D PETITIONER
C8J JUDGE
D CLERK OF ORPHANS COURT
MAILED: 03-16-07
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SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
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MAILED:
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C1 of Orphans' Court
IN THE MATTER OF
MADISEN L. SHOFF
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2002-795
PETITIONS FOR GUARDIANSHIP
ORDER OF COURT
AND NOW, this 27th day of March, 2007, upon
consideration of the Petition for Appointment of Temporary
Guardian filed by Petitioner Stanley E. Richwine, and the
Petition for the Appointment of Temporary Guardian filed by
Petitioner Gerlinda Shoff, and pursuant to motions of their
respective counsel, those petitions are deemed withdrawn.
By the Court,
J.
Matthew A. McKnight, Esquire
60 West Pomfret Street
Carlisle, PA 17013
For Gerlinda Shoff
Harold S. Irwin, II, Esquire
64 South Pitt Street
Carlisle, PA 17013
For Stanley E. Richwine
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Jane M. Alexander, Esqui~e
148 South Baltimore Street
P.O. Box 421
Dillsburg, PA 17019-0421
For John W. and Barbara A.
Shoff
Galen R. Waltz, Esquire
28 South Pitt Street
Carlisle, PA 17013
For Joyce Miller
In Re: Matter of Madisen L. Shoff
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYl, VANIA
NO. 21-02-0795
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 03-27-07
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 04-02-07
IN RE: ORDER OF COURT
SERVICE TO:
MATTHEW A MCKNIGHT. HAROLD S IRWIN. JANE M ALEXANDER AND GALEN R WALTZ
~ USPS
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D HAND DELIVERED
D OTHER_
ENVELOPES PROVIDED BY:
~ PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
METHOD OF MAILING:
MAILED: 04-02-07
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
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IN THE MATTER OF
MADISEN L. SHOFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2002-795
IN RE:
RECORD TO REMAIN OPEN
ORDER OF COURT
AND NOW, this 27th day of March, 2007, upon
consideration of the Petition for Appointment of Temporary
Guardians filed by Petitioners John W. and Barbara A. Shoff,
and the Petition for Appointment of Temporary Guardian filed
by Joyce A. Miller, and the remaining petitions referred to
in the Order of Court dated March 7, 2007, scheduling a
hearing for this date having been withdrawn, and following
an initial period of hearing, which has not yet br~n
!~)
completed, the record shall remain open, and an add~tionaJ
~.- ;:,] ;-;0
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full day of hearing is scheduled for Monday, July23t~20B3,
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at 9:30 a.m., in Courtroom Number 1, Cumberland CQ~tit::-Y
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Courthouse, Carlisle, Pennsylvania.
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It is noted that at the time of adjournment
on today's date, John W. and Barbara A. Shoff were
presenting their case-in-chief, two witnesses in their
case-in-chief had been called and excused, and Petitioner
John W. Shoff had been subjected to direct examination by
his counsel, Jane M. Alexander, Esquire, and was about to be
cross-examined by Counsel Waltz, Irwin, and McKnight.
It is noted further that at the time of
,to"
.
adjournment on today's date Exhibits 1 and 2 of John W. and
Barbara Shoff had been identified and admitted. No other
exhibits had been identified or admitted.
Counsel for Petitioner Joyce A. Miller, Galen
R. Waltz, Esquire, had requested that a copy of the
transcript of today's proceeding be prepared and filed. No
other counsel had requested a copy of the transcript.
By the Court,
J.
Matthew A. McKnight, Esquire
60 West Pomfret Street
Carlisle, PA 17013
For Gerlinda Shoff
Jane M. Alexander, Esquire
148 South Baltimore Street
P.O. Box 421
Dillsburg, PA 17019-0421
For John W. and Barbara A.
Shoff
Harold S. Irwin, II, Esquire
64 South Pitt Street
Carlisle, PA 17013
For Stanley E. Richwine
Galen R. Waltz, Esquire
28 South Pitt Street
Carlisle, PA 17013
For Joyce Miller
:mae
In Re: Matter of Madisen L. Shoff
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-02-0795
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 03-27-07
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 04-02-07
IN RE: ORDER OF COURT -RECORD TO REMAIN OPEN
""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
SERVICE TO:
MATTHEW A MCKNIGHT. HAROLD S IRWIN. JANE M ALEXANDER AND GALEN R WALTZ
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
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o HAND DELIVERED
o OTHER_
IZI PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 04-02-07
"""""""""""""""""""""""""""""""""""""""""""",..........""""""..,""""""""
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
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o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
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Clerk of Orphans' Court
IN THE MATTER OF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA
: ORPHANS COURT DIVISION
: NO. 2006-FC-1192-Y03
: GUARDIANSHIP-MINOR
21-01. "'15
MADISEN L. SHOFF, a minor
PETITION FOR APPOINTMENT OF TEMPORARY GUARDIANS
NOW, come Petitioners, John W. Shoff and Barbara A. Shoff, his wife, by their Attorney,
Jane M. Alexander, Esquire and presents this petition for appointment of temporary guardians
of the person and estate of Mad is en L. Shoff, a minor, representing as follows:
1. Petitioners are John W. Shoff and Barbara A. Shoff, his wife, adults individual
residing at 1873 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241.
2. Petitioners are the natural father and mother of Robbie S. Shoff, the natural father of
'"
the minor child and the paternal grandparents of Mad is en L. Shoff, a mindibhild, bo~
'c: ~ ..,.,
August 2, 1999. . ~ 'TJ 0 tri
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3. Tonya M. Shoff, natural mother of the child, did August 4, 2002 as~~alt of]:
vehicle or accident in Cumberland County, Pennsylvania. - ~ 'f?
c..n
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4. Robbie Shoff, natural father of the child was, at the time of his death on April 2, 2001,
married to Linda Shoff
5. Linda Shoff, step-mother, who resides at 243 Redwood Lane, Carlisle, Cumberland,
PA 17013.
6. The child resided with her step-mother, Linda Shoff, since date of her father's death to
November 16, 2000 when she went to live with the Petitioners at their home at 1873 Walnut
Bottom Road, Newville, P A 17241.
II
7. A Petition for appointment of Temporary Guardian was filed on August 16,2006 by
Harold S. Irwin, ill, Esquire on behalf of Stanley E. Richwine, maternal grandfather of
Madisen L. Shoff
8. An answer to granddaughter's petition was filed by Attorney Matthew McKnight and
a petition for guardianship was also filed on behalf of Gerlinda Shoff, step-mother, of
Madisen L. Shoff
9. On October 13,2006 by order of your Honorable Court both Petitions for
Appointment of Temporary Guardian were consolidated, a copy of said order marked Exhibit
"A" is attached hereto and made a part hereof
10. Other than the Petitioners, paternal grandparents the minor's next of kin are as
follows:
Joyce A. Miller
159 Big Spring Terrace
Newville, P A 17241
Gerlinda Shoff (step-mother)
243 Redwood Lane
Carlisle, P A 17013
Stanley E. Richwine (natural grandfather)
1004 North West Street, Apartment No.1
Carlisle, AP 17013
11. Petitioners have no knowledge of any other Court within this Commonwealth which
has appointed a guardian for the minor, however, her stepmother, Linda Shoff, has been
awarded primary physical custody of the child with scheduled visitation for Joyce A. Miller,
maternal grandmother.
12. The minor is incapable of caring for her own personal finances and physical needs.
She has no assets and no income other than the insurance proceeds awarded to Staley E.
Richwine and the social security income by virtue of the death of both of her parents.
13. Petitioners have no interest adverse to the minor and have agreed to act as guardians if
this Honorable Court shall so appoint. The consent of the proposed guardians is incorporated
herein by reference and attached hereto as Exhibit "B".
14. If appointed as guardians, petitioners will act in compliance with regulations
promulgated under Court Order in Pennsylvania Bulletin 931, et seq., April 19, 1975.
WHEREFORE, petitioners respectfully request this Honorable Court to set a hearing at
which the averments of this petition may be documented and the appointment of petitioners as
temporary guardians for the person and estate of the child may be considered, with notice
thereof to be given to such persons as this Court may direct. Petitioners further request that a
guardians ad litem be appointed to act for the alleged incapacitated person regarding my
necessary hearings. Finally, due to any emergency and immediate needs of the child,
petitioners request that they be appointed temporary guardian pending a final hearing on this
matter.
Date z.,d--1~1 f ~ 2
( v
VERIFICATION
We, John W. Shoff and Barbara A. Shoff, petitioners in this matter, do hereby depose and
state that the facts contained in the foregoing Petition to Appoint of Temporary Guardian are
true and correct to the best of our knowledge, information and belief We understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
DATE: t>:( - / - tJ 7
L- <t/L::;f~
JoMl W. Shoff
/'
,%'{lhAL ~ ~
Barbara A. Shoff
1/
IN THE MATTER OF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA
: ORPHANS' COURT DIVISION
: NO. 2006-FC-1192-Y03
: GUARDIANSHIP-MINOR
MADISEN L. SHOFF, a minor
CONSENT OF PROPOSED GUARDIANS
We, John W. Shoff and Barbara A. Shoff, do hereby certify that we are willing to act as the
temporary guardians of the person and estate of Mad is en L. Shoff, if the Court shall so
appoint us.
Further, we do hereby certify that we are not a fiduciary of any estate in which the minor has
an interest, nor have I any interest adverse to the minor.
The facts and opinions contained herein are true and correct to the best of our knowledge,
information and belief
....JdJ!
~WShOff ~
"0~hJ~ r9 ~~
Barbara A. Shoff
Sworn to and subscribed
before me this I s.!" day
of ~brn~ ~ ' 2007.
~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Narumol Alexander, Notary Public
Dmsburg Boro, York County
My Commission Expires Apr. 7, 2010
Member, Pennsylvania Association of Notaries
IN THE MATTER OF
MADISEN L. SHOFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-2002-795
ORDER OF COURT
AND NOW, this 19th day of July, 2007, it is hereby ordered and directed that the
Petition for Appointment of Temporary Guardians filed by John W. and Barbara A.
Shoff, and the Petition for Appointment of Temporary Guardian filed by Joyce A. Miller,
are hereby deemed moot in light of the custody order and stipulation entered in this
matter on July 19, 2007, at docket numbers 06-3792 Civil Term and 05-3990 Civil Term,
and the hearing previously scheduled for July 23, 2007, is cancelled.
BY THE COURT,
Galen R. Waltz, Esq.
28 South Pitt Street
Carlisle, P A 17013
Attorney for Joyce A. Miller
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Matthew A. McKnight, Esq.
Marcus A. McKnight, III, Esq.
60 West Pomfret Street
Carlisle, P A 17013
Attorneys for Gerlinda Shoff
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Harold S. Irwin, II
64 South Pitt Street
Carlisle, P A 17013
Attorney for Stanley E. Richwine
C-6
Jane M. Alexander
148 South Baltimore Street
P.O. Box 421
Dillsburg, P A 17019-0421
Attorney for John W. and Barbara A. Shoff
-- II
GERLlNDA SHOFF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
JOYCE MILLER,
Defendant
v.
No. 06-3792 CIVIL ACTION - LAW
JOHN SHOFF & BARBARA
SHOFF,
Interveners
v.
STANLEY RICHWINE,
Intervener
IN CUSTODY
JOYCE MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
ROBBIE SHOFF,
Defendant
v.
No. 05-3990 CIVIL ACTION - LAW
JOHN SHOFF & BARBARA
SHOFF,
Interveners
v.
STANLEY RICHWINE,
Intervener
IN CUSTODY
CUSTODY STIPULATION I ORDER
AND NOW, this day of ,2007, it is hereby Ordered,
stipulated and agreed between the parties as follows:
II
1. All previously existing custody orders are hereby vacated.
2. On March 27, 2007, a hearing as to guardianship was held before the
Honorable J. Wesley Oler, Jr.; immediately prior to said hearing, in Judge's chambers,
Attorney Harold S. Irwin, III, Esquire, on behalf of Stanley E. Richwine, withdrew from
the proceedings and the Honorable J. Wesley Oler, Jr. accepted that withdrawal.
3. Madisen L. Shoff, born August 2, 1999, is the natural grandchild of John
W. Shoff and Barbara A. Shoff (Paternal Grandparents), the natural grandchild of Joyce
A. Miller (Maternal Grandmother) and the stepchild of Gerlinda Callaway (formerly
Shoff) (Stepmother).
4. Sole legal custody of Madisen L. Shoff, born August 2, 1999, shall be in
the Paternal Grandparents, John W. Shoff and Barbara A. Shoff. The Paternal
Grandparents shall provide to the Maternal Grandmother, Joyce A. Miller, in a timely
fashion, any and all information regarding the Child's educational progress, religious
training, mental health, physical health, welfare and social events. The Paternal
Grandparents shall provide to the Maternal Grandmother, in a timely fashion, such
relevant information and advance notice as to allow for the attendance of the Maternal
Grandmother at proceedings concerning the Child's educational progress, religious
training, mental health, physical health, welfare and social events. Each party shall not
alienate the affections for the Child from the other party.
5. Primary physical custody of the Child shall be in the Paternal
Grandparents subject to the following periods of partial physical custody with the
Maternal Grandmother, Joyce A. Miller, and the Stepmother, Gerlinda Callaway
(formerly Shoff):
a. The Paternal Grandparents and the Maternal Grandmother shall
have alternating custody of the Child on weekends during the school year,
from 5:00 p.m. Friday to 5:00 p.m. Sunday.
b. The Maternal Grandmother shall have custody of the Child three (3)
separate weeks during the summer.
I. Summer shall be defined as beginning the last day of the
school year and ending the first day of the subsequent school year.
II. None of the three weeks shall run consecutively.
II
III. One of the three weeks shall occur in June, one in July and
one in August.
c. The Stepmother shall have custody of the child twice per month, an
afternoon or morning, as agreed upon by the parties.
6. The Maternal Grandmother shall have custody on the following holidays,
from 8:00 a.m. to 8:00 p.m. on the day of the holiday: Easter, Thanksgiving and
Christmas.
7. Any party who wishes to have custody of the Child during a period not
designated for their custody shall provide notice and make a request to the custodial
party at least two (2) weeks in advance.
8. It shall be responsibility of the Paternal Grandparents to obtain
professional counseling for the Child. The Paternal Grandparents shall enroll the Child
in professional counseling within twenty (20) days of signing this agreement. The Child
is not to be removed from professional counseling until discharged by a professional.
9. While in the presence of the Child, no party shall make or permit to
be made by any person, any remarks or actions which could in any way be construed
as derogatory or uncomplimentary to any other party, or in any way injure the opinion of
i the Child as to any other party. It shall be the responsibility of each party to uphold all
other parties as those to whom the Child owes love and respect.
10. All parties shall have liberal and reasonable telephone contact with the
Child when the Child is in the custody of any other party.
11. Exchanges of custody will occur at a mid-way point between the parties,
defined as the Cumberland Drive-In, located at the intersection of Routes 11 and 233.
/J . "
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/ Barbara A. Shoff . I
'7 :
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J ne M. Alexander
ttorney for John W. and Barbara A. Shoff
II
~i~~'-
Gerlinda Callaway (formerly Shoff)
~
)
Matthew A. McKnight, Esquire
Attorney for Gerlinda Callaway
BY THE COURT,
Date J.
c.c. Jane M. Alexander, Esquire
Galen R. Waltz, Esquire
Matthew A. McKnight, Esquire
Harold S. Irwin, III, Esquire
II .
Joyce A. Miller
Galen R. Waltz, Esquire
Attorney for Joyce A. Miller
BY THE COURT,
D~e J.
c.c. Jane M. Alexander, Esquire
Galen R. Waltz, Esquire
Matthew A. McKnight, Esquire
Harold S. Irwin, III, Esquire
In Re: Madison L. Shoff
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-02-0795
CERTIFICATE OF SERVICE OF ORDER
ORDER DATED:
7-19-07
JUDGE'S INITIALS:
JWO
TIME STAMP DATE:
7-19-07
INRE:
ORDER OF COURT
SERVICE TO:
JANE M ALEXANDER
HAROLD S IRWIN II
MA TTHEW A MCKNIGHT
METHOD OF MAILING:
[Xl USPS
ORRR
o Hand delivered
o Other: _
ENENVELOPE(S) BY: 0 Petitioner
III Judge
o Clerk of Orphans' Court
DATE OF MAILING: 07-20-07
SERVICE TO:
GALEN R WALTZ
METHOD OF MAILING:
00 USPS
ORRR
o Hand delivered
o Other: _
ENVELOPE(S) BY:O Petitioner
~ Judge
o Clerk of Orphans' Court
DATE OF MAILING: 7-20-07
Ct\)i~ (l ~~~\J
Deputy Clerk of Orphan Court
Clerk of the Orphans' Court
.
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THE COURT:
Please be seated. This is the
. time and place for a hearing on a number of petitions, and
we will let the record indicate that Jane M. Alexander,
Esquire, is present in court representing John W. and
Barbara Shoff, the paternal grandparents of the subject of
this proceeding; Galen R. Waltz, Esquire, is present
representing Joyce Miller, the maternal grandmother of the
subject; Matthew A. McKnight, Esquire, is present
representing Gerlinda Shoff, now Calloway, the stepmother of
the subject of the proceedings; and Harold S. Irwin, II,
Esquire, is present representing Stanley Richwine, the
maternal grandfather of the subject.
The Court has met in chambers with counsel
and understands from Mr. McKnight that Gerlinda Shoff's
petition is being withdrawn, and the Court understands from
Mr. Irwin that Stanley Richwine's petition is being
withdrawn, and to that end we'll enter this order:
AND NOW, this 27th day of March, 2007, upon
consideration of the Petition for Appointment of Temporary
Guardian filed by Petitioner Stanley E. Richwine, and the
petition for the Appointment of Temporary Guardian filed by
Petitioner Gerlinda Shoff, and pursuant to motions of their
respective counsel, those petitions are deemed withdrawn.
(End of order.)
THE COURT:
Is that order satisfactory to all
4
~
1 counsel? Mr. Waltz?
2 MR. WALTZ: Pardon me, Your Honor?
3 THE COURT: Is that satisfactory to you?
4 MR. WALTZ: Yes, Your Honor.
5 THE COURT: And Ms. Alexander?
6 MS. ALEXANDER: Yes, Your Honor.
7 THE COURT: Mr. Irwin?
8 MR. IRWIN: Yes, Your Honor.
9 THE COURT: Mr. McKnight?
10 MR. MCKNIGHT: Yes.
11 THE COURT: All right. Ms. Alexander, do you
12 want to go first?
13 MS. ALEXANDER: Yes, Your Honor. You had
14 spoken about having a brief time this afternoon.
15 THE COURT: Yes. We have until 4:30.
16 MS. ALEXANDER: Unfortunately, I have been
17 ill since right after lunch so don't feel bad about leaving.
18 I think, if it would be satisfactory, since we would
19 probably have to go another time on this, if it would be
20 appropriate, I would like to call as our first witness then
21 Mr. Richwine.
22 THE COURT: All right.
23 Whereupon,
24 STANLEY E. RICHWINE
25 having been duly sworn, testified as follows:
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DIRECT EXAMINATION
BY MS. ALEXANDER:
Q In the matter of the guardianship of Madisen
Shoff, what is your relation
THE COURT: Now, wait. We need your full
name and address.
BY MS. ALEXANDER:
Q Would you please state your name and address?
A Okay. My name is Stanley E. Richwine. I
live at 1004 North West Street, Carlisle, Pennsylvania.
17013.
Q And in this matter of Madisen Shoff, a minor,
a Petition for Guardianship, what is your relationship to
Madisen Shoff?
A I'm her grandfather.
Q Okay.
A I'm her mother's father.
Q And the petition today that is being heard is
that of John W. and Barbara A. Shoff. Are you familiar with
those two individuals?
A Yes, ma'am, I am.
THE COURT: Well, we're also hearing the
petition, I believe, of Mr. Waltz's client. Is that not
correct?
MR. WALTZ: Yes, Your Honor, Joyce Miller.
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THE COURT: All right.
BY MS. ALEXANDER:
Q And what is your relationship, if any, to
Barbara and John Shoff?
A None.
Q And there is the other matter of the petition
of Joyce Miller. Do you have a relationship or did you have
a relationship to Joyce A. Miller?
A I did at one time. She is the mother of my
-- I'm sorry. She is the mother of the subject's child I
don't know how to say this.
Q Did you have a relationship with Joyce
Miller?
A Yes. I was married to Joyce.
Q You were married to Joyce?
A I was married to Joyce, yes.
Q And now you're divorced?
A Yes, ma'am.
Q Okay. And you are the grandfather of -- or
are you the father of the natural mother?
A Yes, ma'am.
Q And grandfather of Madisen?
A To Madisen, yes.
Q Okay. And are you aware that there are two
parties -- Mr. and Mrs. Shoff and Ms. Miller are both
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parties requesting guardianship of Madisen?
A Yes, ma'am.
Q And you have a petition, and have you
withdrawn that?
A Yes, ma'am, I have.
Q And in the hearing in the matter then that is
being heard today, did you have any responsibility in regard
to Madisen within the last 6 months?
A I don't understand what responsibility you're
referring to.
Q Well, did you do anything on behalf of
Madisen in the last 6 months?
A Just to file the Petition for Guardianship,
and the reason for that was so that somebody could get the
money that was
her inheritance from an insurance that her
mother had before she died.
Q And did you take care of that matter?
A I brought papers -- a petition to take care
of that, but until those things were awarded -- if I were to
have gotten guardianship of her, then I would have had the
ability to get that money and put it into a trust fund for
her and stuff like that, but that never happened.
Q Okay. And in the last 6 months have you been
aware of the custody situation of Madisen?
A Yes, ma'am.
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Q And are you aware of the custody order that
is in effect regarding this child?
A Yes.
Q And do you know how that has been handled
between the parties?
A I can't really say that I know exactly how
7 it's been handled. I know that there has been some
8 difficulties between the parties. Other than that, that's
9 all I could speak to on that.
10 THE COURT: Do we have a copy of this
11 existing custody order?
12 MS. ALEXANDER: Yes, Your Honor.
13 THE COURT: And if so, may we make it a part
14 of the record?
15 (John W. and Barbara A. Shoff Exhibit No. 1
16 was marked for identification.)
17 THE COURT: Is there any objection to the
18 admission of that custody order which has now been marked as
19 Exhibit 1 of John W. and Barbara Shoff? Mr. Waltz?
20 MR. WALTZ: No. No objection.
21 THE COURT: All right. Mr. Irwin.
22 MR. IRWIN: No objection, Your Honor.
23 THE COURT: Mr. McKnight?
24 MR. MCKNIGHT: No.
25 THE COURT: And Ms. Alexander, no objection?
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MS. ALEXANDER: No.
THE COURT: That exhibit is admitted.
(John W. and Barbara A. Shoff Exhibit No. 1
was admitted into evidence.)
BY MS. ALEXANDER:
Q Mr. Richwine, I would show you what has been
marked as Plaintiff Shoff Exhibit 1.
THE COURT: I think we all agree that's the
custody order, do we not?
THE WITNESS: Yes.
THE COURT: All right.
MR. WALTZ: May I ask a question about that
order since I only saw the first page? Is appended to that
the Order of Court dated November 7th, 2006? That would be
the third page, if there is a third page.
THE WITNESS: There's only two pages on here.
MR. WALTZ: Then when it's my turn or
whenever you wish, Your Honor, I'll be glad to submit that
order that seems to reaffirm the August -- the August 10th,
2006, order.
THE COURT: Unfortunately I am handicapped
because I don't know anything about this case. If you feel
that there should be another exhibit entered, why don't we
do it now if it relates to the same order.
MR. WALTZ: I don't have a copy of it
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unfortunately, but...
THE COURT:
MR. WALTZ:
Was this page attached to the --
This was attached.
THE COURT: Wait. Was this page attached to
the original order that Ms. Alexander submitted?
MR. WALTZ: I received this as a true copy
from the record, Your Honor, and it was attached to the
August 10th, 2006, order. Whether -- if, in fact, the
Prothonotary maintains it that way, I can't answer that.
THE COURT: Does this third page add anything
to the order?
MR. WALTZ: No. It doesn't add anything to
the order. It's simply a three liner, and it simply
indicates that the parties were satisfied with the August
10th, 2006, order staying in effect.
MR. MCKNIGHT: Your Honor, if I may, I
believe it's the conciliator relinquishing jurisdiction of
this custody issue.
THE COURT: Was it a part of the order when
it was filed?
MR. WALTZ: Pardon, Your Honor?
THE COURT: Was it a part of the filed order?
MR. WALTZ: As far as I know.
THE COURT: Are counsel able to agree on
that?
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MR. MCKNIGHT: I'd be willing to agree with
that.
MS. ALEXANDER: Yes.
MR. IRWIN: I have no idea, Your Honor.
THE COURT: No idea? All right. We'll leave
that off then and, Mr. Waltz, if you want to introduce that
as a supplement to the order, you can.
MR. WALTZ: Thank you, Your Honor. John W.
and Barbara Shoff Exhibit 1 is admitted. Go ahead, Ms.
Alexander.
BY MS. ALEXANDER:
Q Mr. Richwine, is that pretty much what you
know has been the visitation arrangement between Ms. Shoff
and --
A Yes, ma'am.
Q -- Ms. Miller. Now, are you familiar with
the change in actual physical custody that occurred in
regard to Madisen?
A Yes, ma'am, I am.
Q And do you know what that change of custody
was?
A Well, it was my understanding that --
MR. WALTZ: Objection, if this is hearsay.
THE WITNESS: I'm sorry.
THE COURT: Ms. Alexander, are you eliciting
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hearsay from this gentleman?
MS. ALEXANDER: Excuse me?
THE COURT: Are you eliciting hearsay from
him?
MS. ALEXANDER: No, sir. I thought I was
asking him did he know about -- of the change in custody.
The change of custody.
THE COURT: Is this something you observed
yourself or did somebody tell you about it?
THE WITNESS: No, I didn't observe it myself.
THE COURT: You did not observe it. The
objection is sustained.
BY MS. ALEXANDER:
Q And have you been in contact with the Shoffs
since the change of custody?
A Yes, ma'am.
Q And have you been --
THE COURT: The Shoffs? The Shoffs being
John W. and Barbara Shoff?
MS. ALEXANDER: Yes. Yes, Your Honor.
THE COURT: All right.
MS. ALEXANDER: We need a program for the
players here.
THE COURT: That's true.
BY MS. ALEXANDER:
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Q And do you know Barbara and John Shoff?
A Yes, I do.
Q And do you know of what has occurred in
regard to Madisen since she's been in their care?
A Only by what I observed.
Q Well, what have you observed?
A Well, the fact that she's now staying with
them and they've taken pretty much, just from my
perspective, over the day-to-day upkeep of her person and so
on.
Q And do I understand that -- or if you were
asked -- if you were being asked the question, would you
support their appointment as guardians for Madisen?
A Yes, ma'am, I certainly would.
Q Now, we have a concurrent action, which is
Joyce Miller, requesting guardianship of Madisen. Now, have
you, over the past year or before, observed the relationship
between Joyce Miller and Madisen?
A I'm sorry. I didn't hear the last part.
Q Have you observed the relationship of Joyce
Miller with Madisen?
A No, ma'am.
Q Okay. Do you have any personal knowledge of
Joyce Miller's manner of care of children?
A Only whenever she was married to me.
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Q And what was your observations?
A Well, it ended in divorce so that had a lot
to do with it. Our marriage ended in divorce, and the way
she took care of the house and the children was a lot to do
with it.
Q Well, I am particularly interested in how did
she care for the children.
A Well, she wasn't very good at supervising
them or seeing to it that they did what they were supposed
to do whenever I wasn't around, and --
MR. WALTZ: Your Honor, I object to this
solely on the relevancy considering it was 17 years ago.
THE COURT: Ms. Alexander.
BY MS. ALEXANDER:
Q Have you been in --
THE COURT: Wait. Wait. There's been an
objection. Do you have a response to the objection?
MS. ALEXANDER: Well, I think, Your Honor, it
is relevant because we're going at a relationship that a
woman has with children.
THE COURT: Okay. Mr. Irwin, your position?
MR. IRWIN: Well, I agree, Your Honor. I
think how -- the history of how she was able to take care of
her own children is relevant to how she might take care of
Madisen at this point in time.
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THE COURT: Okay. Mr. McKnight.
MR. MCKNIGHT: Your Honor, I don't have a
strong opinion either way.
THE COURT: All right. The objection is
overruled. What children are we talking about, and what
ages were they when you were divorced?
THE WITNESS: You mean whenever we were
divorced?
THE COURT: Yes.
THE WITNESS: Let me see. The two oldest
children were both teenagers.
THE COURT: All right.
THE WITNESS: And I think Tonya was -- which
was our daughter, Joyce and I's daughter. I think she was
getting close to being a teenager at the time.
THE COURT: Okay. Ms. Alexander.
BY MS. ALEXANDER:
Q And how did Joyce Miller handle the children
as far as discipline and things of that nature?
A Well, she was particularly bad with my older
two daughters. She didn't -- she -- Tonya and I -- Tonya
was her and I's daughter together. My other two daughters
were from a previous marriage, and there was a difference in
how they were treated. She favored Tonya more, and if Tonya
were to do something wrong, she would blame it off on the
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other two children and make them take up the slack or, you
know, she was -- she was extra protective of Tonya than she
was the other two. She showed favoritism to her.
Q All right. Let's direct our attention more
to caregiving. How did she actually take care of the
physical needs of your daughters?
A Well, I was away a lot during the evenings
and -- because of work. So I can't speak to the fact of
when I'm not there, but when I was there it was like it was
two different people because they -- now, I'm basing this,
some of it, I guess -- I guess I shouldn't be. It's kind of
hard for me to distinguish what's hearsay and what is actual
fact.
Q What you see and what you observe and hear.
A Okay. All right. While we were together as
a family, Joyce didn't do a whole lot about discipline
because I was there. So in the disciplinary part, I took
care of that myself, and when I wasn't there she would be
out running around doing things and not necessarily have the
girls with her all the time either at the same time.
As far as taking care of the house, she did a
pretty -- a fairly good job of that, but as far as the
children goes, they were usually -- they were usually clean
and fed, but I can't say when I'm not there whether it was
because they took care of that themselves because of their
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age or if she saw to it that it was taken care of.
Q Well, basically, Mr. Miller, let me
A Richwine.
THE COURT: It's Mr. Richwine.
MS. ALEXANDER: Oh, I'm sorry.
THE COURT: Now when were you talking about?
How many years ago was this?
THE WITNESS: Oh, I guess it's been -- let's
see, I don't remember when we were divorced. Do you
remember, Joyce?
THE COURT: Well, was it 5 years ago or 10
years ago?
THE WITNESS: It's at least 10.
THE COURT: At least 10 years. All right.
Ms. Alexander, do you have more questions of Mr. Richwine?
MS. ALEXANDER: Just one question.
THE COURT: Certainly.
BY MS. ALEXANDER:
Q Mr. Richwine, would you very briefly state
why you feel Mr. and Mrs. Shoff would be better guardians
for your granddaughter, Madisen, than Joyce Miller?
A Well, I think that Barb and John have a more
stable household than what Joyce and her companion do.
They're both -- they're married. That says a lot about the
stability of the home. They have raised I think five, six
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children. I'm not even sure about that because I don't know
how many kids they have, but they have a good grasp of
reality, of how people are supposed to be treated, and how
they're to be raised, and I just feel that they would be a
lot better raising people than Joyce would be.
MS. ALEXANDER: I have nothing further, Your
Honor.
THE COURT: Okay. These insurance proceeds,
am I correct that that was about $5,000?
THE WITNESS: The insurance proceeds all
together were $7,500.
THE COURT: All right. Mr. Waltz.
MR. WALTZ: Yes, Your Honor.
CROSS EXAMINATION
BY MR. WALTZ:
Q Now, when you were married to Joyce,
Mr. Richwine?
A Yes, ma'am -- sir.
Q That's okay. Joyce was the primary caregiver
for the children, wasn't she?
A Yes, she was.
Q The primary caretaker. The one that would
feed them and clothe them; is that correct?
A Well, I'm not saying that
understand what you mean by clothing.
well, I don't
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Q Well, when they were small children, when
they were 6 years old, 7 years old -- 7 years old, similar
to the child we're concerned about today.
A Okay.
Q She was the primary caregiver at that time,
correct?
A
When I wasn't there, yes.
Q And she would take care of them when they
isn't that correct?
A There was a time -- now when we were living
with my mom that was right after Joyce and I got married,
my mother became ill. Right after we got married, we lived
in a trailer. Okay. We had a trailer, and she was taking
care of the kids then in that situation. And then my mother
got ill, became ill with cancer, and we moved in with her.
So, you know, Joyce kind of had things double on her after a
while there. So I can't really fault her for that, but it
just -- you know, things just snowballed from there.
Q So you are saying that Joyce took care of
were ill;
both -- in part your mother and the children at the same
time?
A She was there. As we lived there with my
mom, she was there too to fill in when I wasn't there to
take care of my mother, yes.
Q Now, when you and Joyce were divorced, you
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had how many minor children at that time?
A We had three.
Q Three under 18?
A Yeah.
Q And Joyce had primary physical custody of
those three children upon the divorce?
A
No.
Q She did not?
A She didn't have custody of any of them.
Q Who did have custody?
A I did.
Q You had primary physical custody of those
three children?
A Yes, sir.
Q How frequently did she see the children?
A Reaching back it's -- I'm not real sure.
She didn't -- for a while there, right before the divorce,
she more or less turned her back on the whole family, and
that really hurt Tonya a lot. She kind of -- she kind of
like -- I don't know. She just left.
She had gotten in with some other guy, and
that's how a lot of this all occurred -- came forth. You
know, I wasn't going to live with somebody who was going to
be going out and having affairs. So it came down to the
fact that I had to rely on my older daughters to help me
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whenever I was at work to take care of themselves and Tonya,
and that worked out fairly well. And this is all after my
mother died and we were living at the home because I bought
the home that my mother and dad lived in. That is where we
were living, and
Q Okay. You answered the question. When you
and Joyce were living together, however, you did trust her
to be the primary custodian of all of the children that were
minors?
A At that time I did, yes.
Q Okay. Now, you said Joyce was not the
disciplinarian, you were the disciplinarian?
A
Yes, sir.
Pretty much.
Q Now, you never accused Joyce formally of
abusing the children, did you?
A Not legally, no.
Q Nor did you report anything to the
authorities at that time; isn't that correct?
A That's correct.
Q I believe you testified the children were
clean and fed under Joyce's watchful eye -- under her
caretaking?
A
Most of the time, yes.
In your household, when you were living with
Q
25 Joyce, what was the largest number of children that were
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living with you at one time?
A I guess it was three. I'm pretty sure it was
just three, our three daughters. My three daughters.
Q Now, to the best of your knowledge, Joyce has
been living with, as you termed the individual, a companion
for the last 17 years?
A Yeah, as far as I know.
MR. WALTZ: Okay. No other questions, Your
Honor.
THE COURT: Mr. Irwin.
MR. IRWIN: I have no questions, Your Honor.
THE COURT: Mr. McKnight.
MR. MCKNIGHT: No questions, Your Honor.
THE COURT: Okay. Ms. Alexander, do you have
any redirect examination?
MS. ALEXANDER: Excuse me?
THE COURT: Do you have any redirect
examination?
MS. ALEXANDER: No, Your Honor.
THE COURT: All right. You may step down,
Mr. Richwine. May Mr. Richwine be excused? Does anybody
want him to stay?
MS. ALEXANDER: No.
THE COURT: Mr. Waltz?
MR. WALTZ: No, Your Honor.
23
1 THE COURT: Mr. Irwin?
2 MR. IRWIN: He can leave, but I think he
3 probably wants to stay.
4 THE COURT: Well, he's certainly welcome to
5 stay, but I just want to be sure that he doesn't have to.
6 Mr. McKnight?
7
MR. MCKNIGHT: He doesn't have to stay for
8 me.
9 THE COURT: All right. Mr. Richwine, you may
10 stay or leave as you choose. Thank you.
11 THE WITNESS: Thank you, sir.
12 THE COURT: You're welcome. Ms. Alexander.
13 MS. ALEXANDER: I would like to call Patricia
14 Richwine.
15 THE COURT: Well, it would help me really to
16 hear more from the parties themselves that are asking for
17 the custody. I don't want to interfere with your
18 presentation, but we're fast running out of time today.
19 MR. IRWIN: Your Honor, if I understood
20 Ms. Alexander, I think her point was that since we're going
21 to be having to come back at some future time, she wanted to
22 get these nonparty witnesses taken care of now so they don't
23 have to come back the next time.
24 THE COURT: That's all right with me, but I
25 just don't have many days to put in on this one case. I'm
24
1 sorry. I know it's important to everybody, but go ahead,
2 Ms. Alexander.
3 MR. WALTZ: Could we have a proffer, Your
4 Honor?
5 THE COURT: I'm sorry?
6 MR. WALTZ: Could we have a proffer?
7 THE COURT: Do you want to make an offer of
8 proof as to what this witness would say?
9 MS. ALEXANDER: Yes. She would briefly
10 describe the manner in which her -- in which Joyce Miller
11 mothered her or maintained a relationship with her.
12 THE COURT: Maintained a relationship with
13 who?
14 MS. ALEXANDER: With Patricia.
15 MR. IRWIN: If I may, Your Honor, Patricia
16 Richwine is Mr. Richwine's daughter by a previous marriage
17 before Ms. Miller. Ms. Miller -- this is one of the
18 children that was just being discussed in the last
19 testimony. patricia Richwine also has had contact with the
20 child in Ms. Miller's care since she has had partial
21 custody.
22 THE COURT: Okay.
23 Whereupon,
24 PATRICIA RICHWINE
25 having been duly sworn, testified as follows:
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DIRECT EXAMINATION
BY MS. ALEXANDER:
Q Would you please state your full name and
address?
A Patricia Richwine, 931 North Middleton Road,
Carlisle, Pennsylvania, 17013.
Q In this matter here before us today, what is
your relationship to Mr. Richwine?
A He is my father.
Q And what is your relationship or what has
been your relationship to Joyce Miller?
A She was my step-mom.
Q And during what period of time did you live
with Joyce Miller?
A Only when she lived with my father.
Q And how old were you, and for how long were
you living with Ms. Miller?
A Probably about 2 years old until about 15,
16, something like that.
Q Okay. And very briefly would you state, what
was your relationship, meaning between you and Ms. Miller,
in the parent, child relationship? How was it? Would you
describe it quickly?
A There wasn't one. There wasn't a
relationship when we were younger. She was mean to my older
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sister and myself.
Q Would you describe what you mean by mean?
A She would smack me around. Whenever my
younger sister would do something, I would be the one that
got in trouble for it.
Q And were there any other situations that
created difficulty between you and Joyce Miller?
A There was a lot of fighting. She took a bat
to my wrist when I was younger. When my older sister and I
were fighting, she wanted to separate us, and she took a bat
to her wrist.
Q Excuse me?
A She took a bat to my wrist because I was a
softball player so we had bats. When my older sister and I
were fighting, she took a baseball bat to my wrist to get me
off of my sister.
Q And how frequently did this sort of behavior
occur?
A All the time. At least three or four times a
week there was nothing but fighting growing up.
Q And it's also been stated that you're
familiar with the situation that has existed for the
timeframe in which Ms. Miller has had custody of Madisen
Shoff?
A Yes.
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Q Now, what have you observed as far as her
treatment of Madisen Shoff?
A She treats her very well, I think. She
sometimes can -- well, let's see. She never really
mistreated her physically or
Q Okay. You're speaking of Madisen?
A Yes.
Q And how do you -- what do you -- how would
you characterize her parenting skills in regard to Madisen?
A I don't think she should raise her. I think
she would be better off with Rob's parents.
Q In your relationship with Joyce Miller, have
you observed her having any difficulty with her temper or
her relationship with people in that regard?
A Well, she would lose her temper, but so would
I. Everybody loses their temper once in a while, but I
never seen her physically hurt Madisen.
Q How does she discipline Madisen?
A Time out.
Q What?
A Time out.
Q Oh, okay.
A On a chair.
Q Now, do you know the Shoffs?
A A little. Not very well.
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Q Okay. Have you known them well enough or
been with them enough to observe their relationship with
Madisen?
A The times that I had been with them and
Madisen, they treat Madisen very well.
Q And in your observation, how does Madisen
react to them?
A She's happy. She's very happy with them.
I have seen a total turn around in her since she's gone to
live with them.
Q And what did you observe is Madisen's
relationship to Joyce Miller?
A Well, the times when Madisen was living with
Rob and Linda, there were times that Joyce had her that she
didn't want to leave Joyce because I guess she just didn't
want to go home, but that's it. I didn't really observe
anything bad.
THE COURT: Rob and Linda are Madisen's
natural parents?
THE WITNESS: Excuse me?
THE COURT: Rob and Linda are her natural
parents?
THE WITNESS: Rob is her father. Tonya, my
sister, she's dead. That was her mother.
THE COURT: Okay.
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THE WITNESS: Linda lS Rob's wife, but not
Madisen's real mom.
THE COURT: That's Gerlinda?
THE WITNESS: Excuse me?
THE COURT: This is Gerlinda?
THE WITNESS: Yes.
THE COURT: Oh, I see.
THE WITNESS: Oh, I'm sorry. Yes.
THE COURT: That's okay. Go ahead,
Ms. Alexander. Anything further?
MS. ALEXANDER: I have nothing further, Your
Honor.
THE COURT: Okay. Mr. Waltz.
CROSS EXAMINATION
BY MR. WALTZ:
Q Patricia, I didn't turn around. Were you
present in the courtroom when your father testified?
A Yes.
Q And did you -- do you remember hearing your
father indicate that Joyce was not the disciplinarian, but
he was the disciplinarian?
A Yes. They both were. He was when he was
home, and she was when he wasn't home.
Q Okay. Now, you were asked a question as to
have you been able to observe Joyce's parenting skills.
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However, you responded in a conclusory manner that didn't
seem to respond to that question. So I'm going to ask the
question of you. Have you had an opportunity to observe
Joyce's parenting skills with Madisen?
A With Madisen? Yes, I have.
Q And how would you assess -- would you agree
that she and Madisen have a loving relationship?
A Sure.
Q Would you agree that Madisen looks forward to
being with Joyce?
A I can't say that for a fact, no, I can't.
No.
Q But you did indicate, I believe, that you
observed Madisen crying at least one time when she was asked
to leave Joyce to return to her temporary home?
A Yes.
Q At the Shoffs?
A Yes. Rob and Linda -- Gerlinda.
Q Have you ever overheard Madisen indicate a
preference where she would like to reside?
A No. Well, yes. At the time when Rob was
alive, she wanted to stay with me and my kids because of my
girls. She loves being with my girls.
Q Okay. My question was designed to be
current, between November of 2006 to now?
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A Yes.
Q Okay. And that did occur between that time
period?
A Yes. That's what Madisen told me.
Q Okay. That she wanted to live with you?
A Yes, but I think she was just looking for
stability somewhere.
Q Now, I believe you also testified that the
discipline that you have observed Joyce using with Madisen
involves time outs and the use of a chair; is that correct?
A Yes, that's correct.
Q So from what you have observed with Joyce's
handling of Madisen in disciplinary matters, as opposed to
how she may have handled discipline with you when you were a
child, would you -- would it be fair to say that Joyce's
handling of discipline has greatly improved over the manner
she handled discipline when you were a child?
A I don't know because she favored Tonya, and
she hated my older sister and myself. So I can't say that
it's improved because I never got the good side of her until
I was a lot older.
MR. WALTZ: No other questions, Your Honor.
THE COURT: Mr. Irwin.
CROSS EXAMINATION
BY MR. IRWIN:
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Q Ms. Richwine, based on your experience
growing up in a home with Joyce Miller, do you have any
concerns about her ability to raise Madisen?
A I have concerns about her companion, yes.
About Madisen being raised in that home, yes, I do.
Q What are your concerns?
A He drinks too much. I observed it. It's not
the kind of environment that Madisen should be brought up
In, with alcohol, and he can lose his temper too easily, and
I don't think a parent or a guardian should do that with a
child. The child should come first.
Q What arrangement do you think would serve the
best interests of Madisen?
A I think she should live with Rob's parents,
John and Barbara Shoff.
MR. IRWIN: That's all of the questions that
I have, Your Honor.
THE COURT: Okay. Mr. McKnight.
MR. MCKNIGHT: No questions, Your Honor.
THE COURT: All right. Ms. Alexander, any
redirect examination?
MS. ALEXANDER: No, Your Honor.
THE COURT: All right.
MR. WALTZ: Can I, Your Honor?
THE COURT: Certainly.
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1 RECROSS EXAMINATION
2 By MR. WALTZ:
3 Q I believe you indicated the companion drinks?
4 A Yes.
5 Q And I assume you meant alcohol?
6 A Yes.
7 Q And now when he drinks, have you been able to
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observe this?
A Oh, yes.
Q And did you ever observe him operating a
motor vehicle when he was drinking?
A
I can't say truthfully -- I can't say.
I
can't honestly answer that because I don't get -- I rarely
got in a car with him. I always had my own car.
Q And when you observed him drinking, did you
see him strike or react with violent, physical aggression
towards Joyce?
A No.
Q Or anyone else in his physical vicinity?
A Now I do have something to say about that,
but I don't know if I can say it because it might be
hearsay. He did punch my daughter. My middle daughter told
me that he punched her, and that is not right.
Q If that did occur, did you report him to
authorities?
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A No, because I didn't have proof. I was just
going on my daughter's word.
Q Did you take your daughter to a physician or
an emergency room to seek any type of medical attention or
record it?
A No.
MR. WALTZ: No other questions, Your Honor.
THE COURT: Ms. Alexander.
MS. ALEXANDER: No, Your Honor.
THE COURT: Mr. Irwin.
MR. IRWIN: Nothing further.
THE COURT: Mr. McKnight.
MR. MCKNIGHT: Nothing.
THE COURT: Okay. You may step down. Thank
you.
THE WITNESS: Thank you.
THE COURT: May this witness be excused?
MR. WALTZ: Yes, Your Honor.
MR. IRWIN: Yes, Your Honor.
THE COURT: Ms. Alexander, do you have any
objection to her being excused?
MS. ALEXANDER: No, Your Honor.
THE COURT: And Mr. McKnight?
MR. MCKNIGHT: No objection.
THE COURT: All right. You may stay or leave
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as you choose. Thank you. Ms. Alexander.
MS. ALEXANDER: Your Honor, at this time I
would like to -- if you wish, we can begin with the
presentation of the Shoffs.
THE COURT: That's up to you.
MS. ALEXANDER: All right. I have no other
witnesses except them.
THE COURT: Okay.
Whereupon,
JOHN W. SHOFF
having been duly sworn, testified as follows:
DIRECT EXAMINATION
THE WITNESS: My name's John Shoff. We live
at 1873 Walnut Bottom Road, Newville, 17241.
BY MS. ALEXANDER:
Q And, Mr. Shoff, are you one of the parties
who are here today petitioning for appointment of
guardianship for the child, Madisen Shoff?
A Yes, I am.
Q And what is your relationship to that child?
A I'm the grandfather.
Q And was it your son who was her father?
A
Q
A
Yes.
Okay. And when did your son die?
He died on April the 2nd, 2006.
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And at that time was he married?
Yes.
And to whom?
Gerlinda.
And were the three of them living together at
that time?
A
Yes, they were.
Q And since the date of his death, where has
Madisen resided?
A She resided with Gerlinda up until November,
and then Gerlinda brought her to our place to stay.
Q And did you have any problems with the
daughter the granddaughter living with her stepmother?
A No, we did not.
Q Okay. Do you feel you have a good
relationship with Gerlinda Shoff?
A Yes, I do.
Q
I'm sorry.
She's remarried now.
A Right.
Q When did you become aware of guardianship
proceedings in the Courts of Cumberland County?
A Whenever Mr. Richwine brought the paperwork
to our place, and I'm not really sure of the date when it
was, but he brought his petition to our place, and we
discussed everything, and my wife and I discussed it later
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on, and we decided we were going to file a petition also.
Q Okay. And when did you -- when did you file
a Petition for Guardianship?
A That was -- I think it was sometime in
January, February. Somewhere around in there.
Q And at what time did Madisen join your home
as a party living in your household?
A It was the week before Thanksgiving. I think
it was the 16th, I believe it was, of November.
Q And
THE COURT: Of 2006?
THE WITNESS: Yes.
THE COURT: All right.
BY MS. ALEXANDER:
Q And how did that occur?
A Gerlinda just brought her up and said -- and
I really can't say what happened because my wife was there.
All I know is that I came home from work and she -- my wife
told me what took place.
Q And did Linda bring Madisen's personal
effects with her?
A She came up one day with the personal
effects, and then brought Madisen up like a day or two
later.
Q And was there any -- did you have any
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discussion with Linda about the change?
A Myself, no.
Q Okay.
A No, I didn't.
Q And has Madisen lived in your household since
that date?
A Yes, ma'am.
Q Now, Mr. Shoff, how old are you? What's your
date of birth?
A December 30th, 1945.
Q And how old is your wife, and what's her date
of birth?
A I was hoping you wouldn't ask me her date of
birth. It's
THE COURT: That's all right.
THE WITNESS: August 31st, 1943, I think.
It's either the 30th or the 31st.
BY MS. ALEXANDER:
Q Okay.
A She'll never let me forget that one.
Q You'll pay for that. And what is your you
mentioned you work. What is your work status? Where do you
work?
A I'm the head custodian at the Belair School,
and Gerlinda got me the job at Wilson. So we were working
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together at Wilson. She helped get me the job there, and it
just blossomed from there.
Q Okay. And what are your work hours?
A I work from 5:30 in the morning until 1:30 in
the afternoon.
Q And is that throughout the year?
A Yes, ma'am.
Q Okay. And what about your health?
A As far as I know, I'm in pretty good health.
Q You don't have any
A I had a blood clot about two -- about two
years ago, which moved up. I had a broken leg, and it moved
up into my lung, but I had no problems since then.
Q So would you say you're in generally good
health?
A Yes, ma'am.
Q Are you physically able to deal with a child
of Madisen's age?
A Yes, ma'am. I go bike riding with her every
day.
Q Okay. Now, are you acquainted with Joyce
Miller?
A Yes, ma'am.
Q And do you recognize that she is also
requesting guardianship of Madisen?
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A Yes, ma'am.
Q Now, are you also aware of a custody order
that is of record in Cumberland County?
A I am now, yes.
Q Okay.
A I mean we were aware of it, but we never saw
the court order. But we still honored what was told to us.
Q And at the time when Madisen was delivered to
your home, Gerlinda had primary physical custody?
A Yes.
Q And she delivered the child to you?
A Yes.
Q Now, that custody order is in place. What
has been you and your wife's position as far as Joyce Miller
and that custody order?
A Every other weekend Joyce gets Madisen, as
per the court order, except for one weekend when Madisen was
sick. She was off school three days. She was throwing up,
and my wife called her, and I'm not sure what day it was,
and said that she would prefer that Madisen stayed home
because she was sick. We were giving her medication, and as
far as I know, the following weekend Joyce got Madisen.
Q Okay. So that you have honored that custody
arrangement as far as Joyce Miller is concerned?
A Yes, ma'am. May I say something? I have no
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problems with anybody in this courtroom seelng Madisen. My
wife doesn't either. We are all one family. We do have
problems. Every family has problems, but as far as people
-- her grandparents, we don't have a problem with anybody.
Linda, we don't care.
Q Now, while Madisen has been staying with you,
what has been the relationship or the visitation between
Madisen and Linda Shoff?
A The only thing that we know is what Madisen
tells us. When she goes to visit Joyce, Joyce in turn takes
her down to Gerlinda.
Q Okay.
A We have no problem with that.
Q And are you aware of any request that has
been made by Linda Shoff in regard to visitation with
Madisen?
A Yes.
Q And what is your -- what was the request, and
how have you reacted to that?
A What I remember is she wanted two days out of
the month, either an evening or a morning visitation, plus
we were to keep up the counseling, which we had no idea what
the counseling was. We pursued it on our own. And there
was a third one on there, but I'm not sure what it was.
Q But do you have any difficulty in honoring
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those requests?
A No. No, we don't.
Q Now, in your home, what facilities are
available to care for Madisen?
A Right now Madisen has a full-sized bed in her
own bedroom, and basically she has free run of the house.
She has free run of the yard, whatever she wants to do, to a
certain extent.
Q Well, what are her hours? Do you have hours
set for her?
A Yes, ma'am. She gets up in the morning. My
wife gets her up in the mornings since I'm already at work,
and at 9:00 sharp she is in bed. She has been sitting at
the TV, watching TV already, and she looks at the clock and
she says, I'm going to bed. No problems.
Q Now, upon your receiving Madisen into your
home, what about her schooling?
A She was going to Middlesex Elementary, I
believe.
Q And did you and your wife arrange prompt
entrance into the school district?
A Yes, we did. As soon as we got her, we were
back -- we were in the following Monday or Tuesday, whatever
it was, over to Oakflat School in Newville, and we got her
enrolled and she started school.
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THE COURT: What is Madisen's date of birth?
THE WITNESS: Are you asking me?
THE COURT: Yes.
THE WITNESS: I'm not really sure.
THE COURT: Okay.
THE WITNESS: I have troubles with dates.
THE COURT: All right. What school district
lS she in?
THE WITNESS:
THE COURT:
THE WITNESS:
THE COURT:
Big Spring.
Big Spring?
Big Spring, yes.
Okay. And which school did you
say she was in?
THE WITNESS: Oakflat.
THE COURT: And that's an elementary school?
THE WITNESS: Yes.
THE COURT: All right. Go ahead.
MS. ALEXANDER: Your Honor, I would like to
enter this as Plaintiff Shoff's Exhibit 2.
(John W. and Barbara A. Shoff Exhibit No. 2
was marked for identification.)
BY MS. ALEXANDER:
23 Q And would you, Mr. Shoff, examine that
24 document? And what is this document? Would you identify
25 it?
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A Oh, this is a sworn statement by resident
under 13-1302 from the Commonwealth of Pennsylvania, County
of Cumberland. It's when we took Madisen over to the
school. It's a document that the school had us fill out.
My wife filled it out.
Q And subsequent to the signing of this
document, has Madisen been a full-time resident in your
home?
A Before that?
Q No. I said subsequent.
A Oh, yes, since.
Q And has she been a regular attendee at this
school?
A Yes, ma'am.
Q Is this a different school than she was
attending prior to November 16th?
A Yes, ma'am.
MS. ALEXANDER: Your Honor, I would like to
enter this.
THE COURT: No, not until it's admitted. Go
ahead.
MS. ALEXANDER: May I hand it to you?
THE COURT: No, I don't want to look at
exhibits until they've been admitted.
MS. ALEXANDER: Oh, I would like to move the
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admission of this.
THE COURT: All right. Mr. Waltz.
MR. WALTZ: I have no objection to this
document that she has in her hand.
THE COURT: Mr. Irwin?
MR. IRWIN: No objection, Your Honor.
THE COURT: Mr. McKnight?
MR. MCKNIGHT: No objection, Your Honor.
THE COURT: All right. John and Barbara
Shoff Exhibit 2 is admitted.
(John W. and Barbara A. Shoff Exhibit No.2
was admitted into evidence.)
BY MS. ALEXANDER:
Q Now, in this document, Mr. Shoff, you state
to the school district that you will keep and support the
child, not merely during the school term.
A Yes, ma'am.
Q So that this was intended to be a permanent
arrangement?
A That was my impression, yes, ma'am.
Q And do you expect anyone else to contribute
to the child's support?
A
No, ma'am.
24 Q Okay. Now, you mentioned counseling. What
25 counseling have you secured for Madisen?
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A We haven't secured any yet. We have a
counselor
or not a counselor, but a worker from the
social services came out just last week, and she is going to
give us several names of people here in Carlisle that we can
take her to for counseling. And the school has already
we sat down with the principal, the guidance counselor, her
teacher.
There was about five or six of us in there, and
they all recommended counseling.
going.
So that's the route we're
Q Now, in the time that Madisen has been in
your household, have you observed any change in her
demeanor?
A Yes.
Q And what have you observed?
A She's started to act like a 7 year old now.
When she first moved in we knew -- I mean she was brought
from one household to another. You know, I mean we aren't
psychologists or anything, but, you know, basically she was
in another home, another house, and she had to adjust, and
she's adjusting great.
Q And as far as her schoolwork performance, how
is she doing in school?
A
Academically, she's doing great.
Okay.
But she has behavioral problems, which the
Q
A
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1 school is working on, and we're working with the school to
2 get that squared away. She's very rude to the teacher.
3 She's mean to the other kids, you know, but we're working on
4 that.
5 Q So is it your intent to continue that working
6 with the school personnel in regard to that?
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A
Yes.
Q Okay. And in your household, I forgot to
ask, are there any other children?
A Not in the household itself, no. I do have
four daughters and my son who just died.
Q And do they bring their children and visit in
your home?
A Oh, most definitely. Always.
Q And how does Madisen get along with those
children?
A They're kids. There's fights that break out
and we got to separate them, but, you know, they get along
great.
Q Now, in addition to the children, are there
any other occupants of your household?
A Just my wife.
Q
A
Q
Animals?
No.
You have no pets?
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A No. We do a lot of camping, and animals and
pets are a burden to a camper.
Q But you do camping. Have you done any
camping with Madisen -- not now, but have you ever had
Madisen going camping?
A Yes. Rob and Gerlinda brought her over to
Pinchot a couple of times, and she seems to enjoy it.
Q Okay. And has Madisen -- in the course of
living with you, would you say she has adjusted to living
with you, meaning that she feels -- do you feel she feels
comfortable there or does she talk about going home or going
somewhere else?
A She acts like she's comfortable there. I
can't talk for her, but from what we have noticed, she is
comfortable there.
THE COURT: Ms. Alexander, are you finished?
MS. ALEXANDER: Yes.
THE COURT: All right.
I need to adjourn at
this point. You may step down. Does either -- you can step
down. Thank you. Does any counsel want a copy of the
transcript from today prepared and filed? Ms. Alexander?
MS. ALEXANDER: No, Your Honor.
THE COURT: Mr. Waltz.
MR. WALTZ: Would that be at cost to my
client?
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1 THE COURT: Yes.
2 MR. WALTZ: Yes, please.
3 THE COURT: All right. Mr. McKnight.
4 MR. MCKNIGHT: No.
5 THE COURT: And Mr. Irwin?
6 MR. IRWIN: No, Your Honor.
7 THE COURT: All right. We will enter this
8 order:
9 AND NOW, this 27th day of March, 2007, upon
10 consideration of the Petition for Appointment of Temporary
11 Guardians filed by Petitioners John W. and Barbara A. Shoff,
12 and the petition for Appointment of Temporary Guardian filed
13 by Joyce A. Miller, and the remaining petitions referred to
14 In the Order of Court dated March 7, 2007, scheduling a
15 hearing for this date having been withdrawn, and following
16 an initial period of hearing, which has not yet been
17 completed, the record shall remain open, and an additional
18 full day of hearing is scheduled for Monday, July 23, 2007,
19 at 9:30 a.m., in Courtroom Number 1, Cumberland County
20 Courthouse, Carlisle, Pennsylvania.
21 It is noted that at the time of adjournment
22 on today's date, John W. and Barbara A. Shoff were
23 presenting their case-in-chief, two witnesses in their
24 case-in-chief had been called and excused, and Petitioner
25 John W. Shoff had been subjected to direct examination by
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his counsel, Jane M. Alexander, Esquire, and was about to be
cross-examined by Counsel Waltz, Irwin, and McKnight.
It is noted further that at the time of
adjournment on today's date Exhibits 1 and 2 of John W. and
Barbara Shoff had been identified and admitted. No other
exhibits had been identified or admitted.
Counsel for Petitioner Joyce A. Miller, Galen
R. Waltz, Esquire, had requested that a copy of the
transcript of today's proceeding be prepared and filed. No
other counsel had requested a copy of the transcript.
(End of order.)
THE COURT: Okay. We'll see you on July
23rd.
MR. WALTZ: That's what I need to ask you a
question. I heard the July 23rd, but I didn't get the time.
THE COURT:
MR. WALTZ:
THE COURT:
At 9:30.
9:30. Thank you.
Court is adjourned.
(The proceedings adjourned at 4:15 p.m.)
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause, and that this is a correct transcript of
same.
~hl (l.~
MlC e e A. E lne
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
lo 2-007
52