HomeMy WebLinkAbout97-00519
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In the
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Pennsylvania
CIVIL ACTION - FAMILY DIVISION
ROBERT L. PETERSON, No. 97-5l9
Plaintiff
.
.
vs. .
.
.
.
THERESA HYERHOFFER,
Defendant .
.
ORDER OF COURT
AND NOW, to wit, this '71'~day February, 1997, a hearing is
scheduled on the Temporary custody Order issued on January 31, 1997
so that the natural mother, Theresa Meyerhoeffer, may be heard.
Said hearing is scheduled for the ~ day of FilJL.u./iIGY
1997 at /:~a o'clock ~.H. in Courtroom No. ~
"TrF" \1--~ J.
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IN THE COURT OF COMMON PLEAS OF ~
CUMBERLAND COUNTY, PENNSYLVANIA
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.
ROBERT L. PETERSON,
Plaintiff
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v.
CIVIL DIVISION - LAW
97-519 CIVIL TERM
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THERESA MYERHOFFER,
Defendant
IN CUSTODY
IN RE: TEMPORARY CUSTODY ORDER
BEFORE SHEELY, P.J.
MEMORANDUM OPINION AND ORDER OF COURT
A petition for special relief was filed with me
today by Robert L. Peterson, and I held a hearing today at 1:30
p.m., at which time I heard the testimony of Mr. Peterson.
Obviously the mother of the child was not present because of the
temporary nature and the quickness of the hearing the Petitioner
was unable to give her written notice of the hearing. From the
hearing the Court makes the following basic findings of fact:
1. The Petitioner is the father of Autumn Lynn
Peterson, and her date of birth is June 6th, 1982.
2. Theresa Myerhoffer is the mother of Autumn.
3. The petitioner resides at 43 West Louther
Street, Carlisle, and the Defendant lives at 1825 Janet Avenue,
Lebanon, Lebanon County, Pennsylvania.
4. Autumn resided with the petitioner since
August of 1996 here in Carlisle, and up until the 29th of
January, 1997, she was attending the Carlisle School District
and doing well in school.
5. On the 29th of January, 1997, the Defendant,
Theresa Myerhoffer, came to ochool and removed Autumn from the
Carlisle School, and took her to Lebanon.
6. Ao far ao the Petitioner knowo, Autumn would
like to continue to reo ide with him, and also to attend the
Carlisle School District.
7. The Petitioner believes that pursuant to a
separation agreement instituted at the time on or about when the
divorce was entered between the parties, each party was awarded
joint custody of Autumn.
ORDER OF COURT
AND NOW, t~is 31st day of January, 1997, the
Court believes that until a full hearing is held it would be in
the best interest of Autumn that she continue in the care and
custody of her father, and that she continue to attend the
Carlisle School District. Therefore, the Court does at this
time award immediate temporary physical custody of Autumn Lynn
Peterson to her father, Robert L. Peterson.
Since the mother did not have notice of this
hearing, upon the mother's request by written petition, I will
schedule another immediate hearing to hear her concerns about
this temporary custody order. The temporary custody order shall
remain in full force and effect until such time as the parties
can appear before a custody conciliator of Cumberland County or
unless changed by the Court.
The Petitioner can allow the mother temporary
physical custody unti1 such time as the conciliator makes an
award in this case. The Court directs that a copy of this
memorandum opinion and order of court be served on the Defendant
by counsel for the Plaintiff.
The Court further directs that the child continue
in tbe Carlisle School District until further Order of the
Court.
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6. The Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another Court.
7. Plaintiff has no information of a custody proceeding concerning the children pending
in a Court of this Commonwealth.
8. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody of visitation rights with respect to the
children.
9., The best i:1terest and permanent welfare of the child will be served by granting the
relief requested because the child has been in the custody of the Plaintiff continuously since
the child's birth, and because the Plaintiff is capable of providing for the children.
10. Each parent who has parental rights to the child which have not been terminated and
the person who has physical custody of the child are parties to the action.
PETITION FOR SPECIAL RELIEF
11. The child has been living with the Plaintiff and attending the Carlisle Area School
District since August, 1996, with the consent of Defendant.
12. On January 29, 1997, Defendant carne to Carlisle, entered the Carlisle Area School
District Intermediate High School, and removed the child from the classroom and took the
child to Lebanon, Pennsylvania, where, against the wishes of the Plaintiff and the child,
Defendant enrolled the child in the Lebanon area school.
13, This action was arbitrary and without good cause and is against the best interests of
the child remaining in the district in which she has been enrolled and educated and has taken
.
SAlOIS & GUIDO
26 W. High 51'001
Carlisle. Pa.
L/:-"/
SEPARATION AGREEMENT
THIS AGREEMENT made this
day of
1985 between
THERESA L. PETERSON, of Carlisle, Cumberland County, Pennsylvania
hereinafter referred to as Wife,
A
N
D
ROBERT LEON PETERSON, of Carlisle, Cumberland County,
Pennsylvania, hereinafter referred to as Husband.
WITNESSETH:
WHEREAS, in consequence of disputes and unhappy differences,
the parties will soon be living separate and apart from each
other; and
WHEREAS, the parties desire to confirm their separation and
make arrangements therewith, including custody and visitation of
their daughter, AUTUMN LYNN, and the division of certain marital
property and some other rights and obligations growing out of
their marriage.
NOW THEREFORE, In consideration of the covenants and
promises hereinafter to be mutually kept and performed by each
party, as well as for other good and valuable consideration and
intending to be legally bound it is agreed as follows: c
(1) It shall be lawful for each party at all times
hereinafter to live separate and apart from the other party at
such place or places as he or she from time to time may choose or
deem fit.
(2) Wife shall be entitled to the full and exclusive U5~
and possession of the apartment leased in her own name at l4l8
.
Bradley Drive, Apartment E-3ll, North Middleton Township,
Carlisle, Cumberland County, Pennsylvania after the signing of
this Agreement.
(3) Husband shall take with him certain items of personal
effects, furniture, household furnishings, appliances and tools
as agreed upon by the parties. All other items remaining in the
home shall become the sole and separate property of Wife. This
Agreement shall have the effect of an assignment or bill of sale
from each party to the other for such property as may be ln the
individual possession of each of the parties hereto after the
above date of separation, unless specific written exception agreed
to by the parties is made.
(4) Husband shall not pay to Wife nor Wife to Husband any
sum whatsoever as alimony, alimony pendente lite, or for his or
her support and maintenance.
(5) Both parties shall have joint custody of the minor
child, AUTUMN LYNN PETERSON, born June 6, 1982.
The child shall
live two weeks at a time with each parent unless otherwise :'erl'l'd
upon by the parties. Primary residence for said minor child shall
be wi th Wife.
SAlOIS & GUIDO
26 w. High Sl,.el
Carlisle. Pa.
(6) Neither party shall claim any amount from the other for
the support and maintenance of said child. Each party s~all be
fully and solely responsible for the support and maintenance of
said child while said child is in the residence of said party.
(7) Wife is currently pregnant at the signing of this
Agreement. Both parties acknowledge that Husband is not thl'
father of said child.
(8) Wife shall be responsible for payment of the followin~
2
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,
SAlOIS & GUIDO
26 W. High Street
Carlisle. Pa.
loans:
(a) Farmer's Trust account number 2033-002-002l8l2 in the
approximate amount of $2,ll3.40 with monthly payments of $l05.67.
(b) Farmer's Trust account number 002l37l in the
approximate amount of $l,882.00 with monthly payments in the amoun
of $94.l0.
Except as provided herein each party shall be solely
responsible for any debts in the name of said party. Neither
party shall contract or incur any debt or liability for which the
other party or his or her property or estate might be responsible
and shall indemnify and save the other party harmless from any and
all claims or demands made against him or her by reason of debts
or obligations incurred by the other party.
(9) Wife shall file or has filed an action for divorce on
the grounds that the marriage is irretrievably broken. Husband
shall sign any necessary Affidavits of Consent or any other
documents necessary for the entry of a final divorce decree on the
grounds that the marriage is irretrievably broken under ~LOl(c) al
th~ No-Fault Divorce Code. In the event that Husband fails to
sign the said Affidavits of Consent and any other documents
necessary for the entry of a final divorce decree within ten (lO)
days of
pay the
receiving written request
~",' 9.\"
loan~ listed in Paragraph
to do so, Wife's obligation to
Q' u'1'~I..~
(8)' above shall terminate. In
addition, Husband shall reimburse Wife for all payments made to
that point.
(10) Both parents shall maintain medical insur:I1H:r: c." ".1'''1'
on the minor child, AUTUMN LYNN PETERSON, as provided by his or
3
SAlOIS & GUIDO
26 W. High Slreet
Carlisle. Pa.
her employer.
(ll) The parties agree that they will file, if possible, a
joint income tax return for the year 1985. Any refund and/or tax
liability shall be divided equally. Wife shall be entitled to
claim the minor child AUTUMN LYNN PETERSON as an exemption on all
future tax returns.
(12) This Agreement is not intended to resolve all of the
rights and obligations growing out of the marriage of the parties.
It is a partial agreement intended for the final resolution of the
items addressed herein.
(l3) This Agreement shall be construed under the law of the
Commonwealth of Pennsylvania. If any provision of this Agreement
is to be invalid or unenforforceable, all other provisions shall
continue in full force and effect.
(l4) In the event that either party breaches any provision
of this Agreement, and the other party retains counsel to assist
in enforcing the terms therof, the parties hereby agree that the
breaching party will pay all attorney's fees, court couts and
expenses incurred by the other party ln enforcing the Agreement.
(lS) This Agreement shall bind the parties hereto, their
respective heirs, executors and assigns.
IN WITNESS WHEROF, the parties hereto intending to be
legally bound have hereunto set their hands and seals the day and
year first written above.
,0.(( Cl /<11.."1,1': i
Witness
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Theresa L. Peterson
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PATIEN'l' NAME:
MEDICAL RECORD NUMBER:
LOCATION:
DATE OP ADMISSION:
A'l"rENDING PHYSICIAN:
ADMI'l"l'ING PHYSICIAN:
PETERSON, AUTUMN
63-SS-55
01/20/97
JAMES M. CHILDRESS, M.D.
L./
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MARY WABJlINGTON BOSPt'l'AL
HISTORY AND PHYSICAL
ADMISSION DIAGNOSIS: Gastroenteritis with probable
Mallory-Weiss tear of the esophagus.
HISTORY OF PRESEN'l' ILLNESS: This 14-year-old child was well until
the evening prior to the time of admission. At that time she was
driving with a friend from North Carolina to pennsylvania. She
developed vomiting over the evening. She was vomiting so badly that
they were unable to proceed. They had to stop in a motel to spend the
night. The friend also was having gastric upset at this time. Over the
early morning she started vomiting some bloody fluids, and at that
time they decided it was important to stop for medical assistance. The
child was brought to the emergency room. She had taken some Vivarin
tablets in the evening in preparation for this trip so that she would
not get tired. It is unknown just how many, and the patient is unable
to give any history of this. nor has been since I have seen the child.
Poison Control atates that these have 200 mg of caffeine per tablet.
If you take more than 1 gm it can cause nausea and vomiting. The peak
absorption is 3 to 4 hours and elimination half-life is 3 to 6 hour~.
The child was brought to the emergency room. A nasogastric tube was
passed. There was some bloody fluid in the stomach which was removed.
She received Compazine and Versed in the emergency room. A CBC and
CHEM-7 obtained through the emergency room showed a white blood count
which was elevated at 25,000 with 86 polys. 11 bands, and 3 atypi('",,)!',
Hemoglobin 15.4. CHEM-7 initially had a blood sugar of 248 and a C02
of 14, BUN of 10. The child also had a complete CHEM-17 which was not
very remarkable. A blood gas was obtained which had a pH of 7.35, p02
of 96.7, and a pC02 of 34.9. A portable chest x-ray showed the
nasogastric tube in the mid gastric area. Because of the Mallory-Weiss
type symptoms, and because after receiving the Versed and Compazine
the patient was somewhat sedated, the child was admitted.
PAST MEDICAL HISTORY: She is normally healthy. She has had one
hospitalization as a child for pneumonia.
ALLI!:Rl1I1!:S :
She has DO allergiss to madicatioDs.
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LOC.3PED
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OR.CHILORESS. J MICHAEL
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PATIENT NAME:
HEIlICAL RECORD NUMBER:
LOCATION,
DATE OF ADMISSION.
DATE OF DISCHARGE,
A'l"l'ENDING PHYSICIAN,
SUMMARY: This is the first Mary Washington
hospitalization for this 14-year-old girl who was traveling along the
Interstate when ehe developed acute gastroenteritis type of illness
and was vomiting blood. She was brought to the emergency room for
evaluation and was found to have a Mallory-Weiss type of esophageal
tear. A nasogastric tube was passed and had some blood removed from
the stomach, which allowed it to clear. The child received Compazine
and Versed in the emergency room. Laboratory there included a CBC
which had a white count of 25,000 and a Chem-7 which had an initial
blood sugar of 248 and a CO2 of 14. Because of the presenting
illneos, becauoe of tbe abnormalities in ber blood work, and because
of the fact that after being given anti emetics the patient was
significantly sedated, admission was necessary for resolution of this
cbild's illness.
PETERSON, AU'I'OMN
63-BB-55
The child was admitted to the hospital and was made NPQ, Was
initially kept on intravenous normal saline as the blood sugar came
down, and when the blood sugar came down to 129, the child was
restarted on 05 and quarter-normal saline. She was left on that
overnight. Her Cbem-7 showed a sodium of 141, CO2 of 22, a BON of 9,
and a glucose cf 112 this morning. The child's CBe still had a
persistent leukocytosis, with a white count of 22,000, She, however,
has had no distress, and this was all felt to be probably secondary to
the stress she had been under.
The child's basic course in the hospital: She was sedated by the
antiemetics, and although arousable to verbal stimuli, had very little
activity over the first 18 hours or so in the hospital. On the
morning of discharge she was much, much more alert and starting to get
hungry. She was started on fluids. She tolerated those well. and by
lunch time she was able to advance to crackers, toast, and other light
foods, along with the clear fluids. By this evening the child is up.
moving around, and feels good, She has no apparent sequelae from the
experience of this ill~ess,
..................................... HEMATOLOGY ....................1....... .........
(lATE:
TIMEt
F001NOTE :
01121/97
+061<:
[_____01/20/97-----3
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Carlisle School District.
7. The Petitioner believes that pursuant to a
separation agreement instituted at the time on or about when the
divorce was entered between the parties, each party was awarded
joint custody of Autumn.
ORDER OF COURT
AND NOW, this 31st day of January, 1997, the
Court believes that until a full hearing is held it would be in
the best interest of Autumn that she continue in the care and
custody of her father, and that she continue to attend the
Carlisle School District. Therefore, the Court does at this
time award immediate temporary physical custody of Autumn Lynn
Peterson to her father, Robert L. Peterson.
Since the mother did not have notice of this
hearing, upon the mother's request by written petition, I will
schedule another immediate hearing to hear her concerns about
this temporary custody order. The temporary custody order shall
remain in full force and effect until such time as the parties
can appear before a custody conciliator of Cumberland County or
unless changed by the Court.
The petitioner can allow the mother temporary
physical custody until such time as the conciliator makes an
award in this case. The Court directs that a copy of this
memorandum opinion and order of court be served on the Defendant
by counsel for the Plaintiff,
The Court further directs that the child continue
in the Carlisle School District until further Order of the
Court.
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6, The Plaintiff hlL~ not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another Court,
7. Plaintiff has no inli.lrmation of a custody proceeding concerning the children pending
in a Court of this Commonwealth,
8. Plaintift'does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody of visitation rights with respect to the
children,
9, The best interest and permanent welfare of the child will be served by granting the
relief requested because the child has been in the custody of the PlaintilT continuously since
the child's birth, and because the Plaintift' is capable of providing lor the children.
10, Each parent who has parental rights to the child which have not been terminated and
the person who has physical custody of the child arc partics to the action,
PETITION FOR SPECIAL RELIEF
II, The child has been living with the Plaintiff and attending the Carlisle Area School
District since August, 1996, with the consent of Defendant.
12, On January 29, 1997, Delendant came to Carlisle, entered the Carlisle Area School
District Intermediate High School, and rcmoved the child from the e1assroom and took the
child to Lebanon, Pennsylvania, where, against the wishes of the Plaintiff and the child,
Defendant enrolled the child in the Lebanon area school.
13, This action was arbitrary and without good cause and is against the best interests of
the child remaining in the district in which she has been enrolled and educated and has taken
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regular classes and participated in extracurricular activities,
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14. Plaintiff asks the Court to award immediate physical custody of the child in Plaintifl'
and to order t1llltthe child continue to be enrolled in the Carlisle Area School District, so that
both school districts have authority for the appropriate action to take.
15, Plaintiff has retrained from any confrontational action which would not be in the best
interests of the child and seeks court action in the nature of special relief pending further
hearing in accordance with law.
WHEREFORE, Plaintiff requests this Court to grant immediate and temporary custody of the
child to Plaintiff; to direct that the child continue to be enrolled in the Carlisle Area School
District; and to eventually award full physical custody to the Plaintiff:
January 3D, 1997
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John ,Broujos, Esq Ire
AllO ey for Plaintiff
'._-~/
BROUJOS, GILROY & HOUSTON, P,C,
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-4574 717/766-1690
FAX# 717/243-8227
,
ROBERT L. PETERSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
THERESA MYERHOFFER,
Defendant
.
.
CIVIL ACTION - LAW
: NO. 97-519 CIVIL TERM
IN RE: TEMPORARY CUSTODY
ORDER OF COURT
AND NOW, this 11th day of February, 1997,
pursuant to an emergency petition previously presented to me on
January 31st, 1997, I directed that Autumn be permitted to
remain with her father, Robert L. Peterson. At that hearing
Mrs, Myerhoffer, the mother, did not have an opportunity to
present any testimony because she lived in Lebanon.
In my previous order I indicated that I would be
setting a prompt hearing on the petition by the mother to
present her side of the story as to what has taken place since
Autumn went to live with her father and also the circumstances
leading up to her living with her father.
This hearing was held today, I heard the testimony of
Mrs. Myerhoffer, the testimony of Autumn, and the testimony of
one of Autumn's friends, We spoke to Autumn in chambers, and
both COUnsel were present. It is Autumn's desire at this point
that she now be permitted to stay with her father.
She indicated that most of her time, I believe, with
her mother were good years. She loves her mother, and she has
nothing bad to say about her stepfather, She just wants at this
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