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HomeMy WebLinkAbout03-3028NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA '17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF RANDY L. PETERSON and, RAYMOND M. PETERSON, Plaintiffs KlM A. SHEDD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03- 3~A~'CIVIL : IN CUSTODY COMPLAINT FOR CUSTODY NOW, come the plaintiffs, Randy L. Peterson and Raymond M. Peterson, by their attorney, Nathan C. Wolf, Esquire, and present the following complaint for custody, representing as follows: 1. The plaintiff is Randy L. Peterson, the natural father of the child who is the subject of this action (hereinafter referred to as "Father"), an adult individual residing at 1 Paradise Trailer Park, New Bloomfield, Perry County, Pennsylvania 17068. 2. The plaintiff' is Raymond M. Peterson, the paternal grandfather of the child who is the subject of this action (hereinafter referred to as "Grandfather"), an adult individual residing at 280 Meadow Road, Newville, Cumberland County, Pennsylvania 17241. 3. The defendant is Kim A. Shedd, t'he natural mother of the child who is the subject of this action (hereinafter referred to as "Mother"), an adult individual residing at 7805 Creekwood Road, Fairburn, Fulton County, Georgia, 30213. Name Heather Lynn Paterson Present Residence 7805 Creekwood Road Fairburn, GA 30213 Plaintiff Grandfather seeks primary physical custody of the following child: Age 16 years, 10 Months D.O.B. 8/12/1986 5. Plaintiff Father and Defendant Mother are the natural parents of the child. 6. The child was born during the marriage of the natural parents. 7. The child is presently in the temporary custody of Grandfather since June 15, 2003 with the permission of Mother but previously the child resided with the following parties for the following specified periods: a. With Father and Mother between her birth and approximate 1 year later when the natural parent separated. b. With Mother and ultimately with Mother's husband in New York State and then in the State of Georgia from some time in 1987 until June 15, 2003, when Mother permitted the chiid to visit with Grandfather in Cumberland County Pennsylvania. c. With Grandfather from June 15, 2003 until the present. 8. The natural parents were married, but were divorced by a decree entered in the State of ~<~ ,in approximately~ (Month), /~ ~ (Year). 9. The mother of the child is currently married to David L. Shedd (hereinafter, "stepfather"). 10. The father of the child is currently married to Kelly Johnson Paterson. 11. Father and Mother were both parties to a custody action in the State of New York that occurred sometime tn 1987 regarding custody of this child. However, neither party continues to reside in the State of New York, and furthermore, the child is now in the jurisdiction of this Honorable Court. 12. Plaintiffs have no information of any other custody proceeding concerning the child pending in a court of this Commonwealth or any other state other than that which is listed in paragraph eleven herein. 13. Plaintiffs does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interests and permanent welfare of the child will be served by granting the relief requested herein because the Mother, in approximately 1987, removed the child to the State of Georgia and the child has had only telephone contact with Father between that time and June of 2003, and Grandfather had not seen or heard from the child between 1987 and March of 2003, when the child discovered Grandfather's telephone number, voluntarily contacted him, and expressed a desire to move to Pennsylvania to live with him. 15. While living in the State of Georgia, due to problems in the public school system where the Mother and child reside, the School District informed Mother and the child that she would not be permitted to finish her high school education after she turned age eighteen. The child, who will be seventeen (17) on August 12, 2003, just completed her tenth grade because, as a result of being home-schooled during seventh, eighth, and ninth grades, the District's position was that~the child did not have sufficient high school credits to complete her education before her eighteenth birthday and as such, her attendance for the next year in school would be "pointless". 16. The child was withdrawn from enrollment in school by her mother and was told that there was nothing that could be done to allow her to attend school. 17. Plaintiffs believe and therefore {~ver that it is in the child's best interests to have the opportunity to complete at least her high school education in the Commonwealth of Pennsylvania, where they have verified the requirements for enrollment and do not believe that there would be any impediment thereto. 18. The child has expressed concerns about her stepfather's treatment of her in justifying her desire to leave her mother's household. The child has indicated that there was a history of physical abuse at the hands of her stepfather that, while there has not been an actual incident in the recent past where the child was struck, the stepfather did raise his hand to strike the child upon discovering the fact that the child had contacted Grandfather in March of 2003. Furthermore, Stepfather threatened the child that she would suffer negative repercussions if she did anything to attempt to leave his household. 19. Mother and Stepfather have, by their actions, effectively denied the child a meaningful relationship with her Father and Grandfather, and only recently has a visit even been permitted. 20. Grandfather is ready, willing and able to provide for the support, care and maintenance and emotional needs of the child for the child's entire life. 21. Grandfather is retired from a career as a truck driver and has sufficient means to care for the welfare of the child. 22. Grandfather has been married to Barbara Peterson for the past fourteen years, has a stable home, is in excellent physical condition and believes that the child's best interests would be served by awarding primary physical custody of the child to him. 23. Father, who seeks to have a meaningful relationship with the child, concurs that Grandfather is well-suited to provide an appropriate environment for the child and seeks an award of partial physical custody and visitation with the child. 24. The child has other relatives from both her mother's and father's families in the general geographic location, including her maternal grandmother, who lives in Eastern Pennsylvania, a half-sister, who lives in Harrisburg, Pennsylvania, as well as other aunts, uncles and cousins, most of which she has had little or no contact with during her entire life. 25. Plaintiffs will encourage and facilitate contact between the child and her other relatives in this area, so that they might develop meaningful relationships with the child. 26. The child, who is nearly age seventeen, has expressed a strong desire to have the court award primary physical custody to her paternal Grandfather. 27. Plaintiff Grandfather believes that the best interests of the child would be best served by an award of primary physical custody, plaintiff also believes that the child must continue to have a relationship with the Mother, which he will encourage and facilitate with all reasonable efforts, and agrees that the defendant should be permitted reasonable visitation and contact with the child. 28. Plaintiff, however, fears that without an Order of Court regarding custody, that the defendant will again cut off all further contact between the Plaintiffs and the child. 29. Entering an order granting temporary primary physical custody will permit the full adjudication of this matter, and will protect the child from suffering the negative repercussions that were threatened by her stepfather if the child attempted to leave his household. WHEREFORE, Plaintiffs, Randy L. Peterson, and Raymond M. Peterson, respectfully request that this Honorable Court enter an order providing joint legal custody of the child between all parties and that the child's paternal grandfather, Raymond M. Peterson, have primary physical custody of the child with father, Randy L. Peterson having rights to visitation with the child. Furthermore, for the reasons set forth herein, Plaintiffs respectfully request that this Honorable Court enter a temporary Order that prohibits Mother from removing the child from the primary custody of Plaintiffs pending hearing, conciliation or further Order of Court. June _~.2003 ,mitted, ~~ ESQUIRE a E'~e ~Sst;~Veat 'n iSaU ilt~1230~1 '025022 (717) 243-6O90 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that the facts set forth in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ,2003 Randy L. Petemon VERIFICATION I do hereby verify that the facts set forth in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Raymond M. Petemon NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF RANDY L. PETERSON and, RAYMOND M. PETERSON, Petitioners KlM A. SHEDD, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03- CIVIL : : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, come the petitioners, Randy L. Peterson and Raymond M. Peterson, by their attorney, Nathan C. Wolf, Esquire, and present the following petition for emergency relief, representing as follows: 1. The plaintiff is Randy L. Peterson, the natural father of the child who is the subject of this action (hereinafter referred to as "Father"), an adult individual residing at 1 Paradise Trailer Park, New Bloomfield, Perry County, Pennsylvania 17068. 2. The plaintiff is Raymond M. Peterson, the paternal grandfather of the child who is the subject of this action (hereinafter referred to as "Grandfather"), an adult individual residing at 280 Meadow Road, Newviile, Cumberland County, Pennsylvania 17241. 3. The defendant is Kim A. Shedd, the natural mother of the child who is the subject of this action (hereinafter referred to as "Mother"), an adult individual residing at 7805 Creekwood Road, Fairburn, Fulton County, Georgia, 30213. 4. The subject child of this petition is Heather Lynn Peterson, age 16 years, 10 months (D.O.B. 8/12/1986). 5. The child is presently in the temporary custody of Grandfather since June 15, 2003 with the permission of Mother but previously the child resided with the following parties for the following specified periods: a. With Father and Mother between her birth and approximate 1 year later when the natural parent separated. b. With Mother and ultimately with Mother's husband in New York State and then in the State of Georgia from some time in 1987 until June 15, 2003, when Mother permitted the child to visit with Grandfather in Cumberland County Pennsylvania. c. With Grandfather from June 15, 2003 until the present. 6. Father and Mother were both parties to a custody action in the State of New York that occurred sometime in 1987 regarding custody of this child. However, neither party continues to reside in the State of New York, and furthermore, the child is now in the jurisdiction of this Honorable Court. 7. Plaintiffs have no information of any other custody proceeding concerning the child pending in a court of this Commonwealth or any other state other than that which is listed in paragraph six herein. 8. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interests and permanent welfare of the child will be served by granting the relief requested herein because the Mother, in approximately 1987, removed the child to the State of Georgia and the child has had only telephone contact with Father between that time and June of 2003, and Grandfather had not seen or heard from the child between 1987 and March of 2003, when the child discovered Grandfather's telephone number, voluntarily contacted him, and expressed a desire to move to Pennsylvania to live with him. 10. For reasons set forth fully in the complaint for custody filed together with the instant petition, due to provisions of Georgia law, the child was withdrawn from enrollment in school by her mother and was told that there was nothing that could be done to allow her to attend and graduate from high school. 11. The child desires to be given an opportunity to enroll in high school in Pennsylvania where she may continue her educational progress. 12. Plaintiffs believe and therefore aver that it is in the child's best interests to have the opportunity to complete at least her higl~ school education in the Commonwealth of Pennsylvania, where they have verified the requirements for enrollment and do not believe that there would be any impediment thereto. 13. The child has expressed concerns about her stepfather's treatment of her in justifying her desire to leave her mother's household. The child has indicated that there was a history of her suffering from physical abuse from her stepfather on multiple occasions. While the child reports that thera has not been a recent incident she was actually struck, her stepfather did raise his hand and threatened to strike the child upon discovering the fact that the child had contacted Grandfather in March of 2003. Furthermore, Stepfather threatened the child that she would suffer negative repercussions if she did anything to attempt to leave his household. 14. Additionally, the child has indicated that she has suffered from emotional abuse by her stepfather and she fears that if she is fomed to return she may suffer that treatment again in the future and that she would be cut-off from contacting anyone outside of her immediate household as retaliation for the child's expression of her wishes to the plaintiffs. 15. Mother and Stepfather have, by their actions, effectively denied the child a meaningful relationship with her Father and Grandfather, and only recently has a visit even been permitted. 16. The Mother and Stepfather, after initially refusing to permit the child to come to Pennsylvania to visit Grandfather, ultimately acquiesced and permitted the child to come to Pennsylvania for a pedod of two weeks, which began on June 15, 2003 and which is scheduled to end on June 29, 2003. 17. Grandfather paid for and sent a roundtrip airline ticket to the child in Georgia and she has been in his care since she ardved. 18. Plaintiffs fear that without filing the instant action, that the child will be forced to suffer negative repercussions upon her return to her Mother's home and she has expressed significant fears to that effect to her Grandfather. 19. The child has expressed her des;ire to remain in Pennsylvania and is willing to testify to the effect before this Court if given'the opportunity to do so. 20. Plaintiffs, however, fear that without an Order of Court providing otherwise, that upon her return to Georgia, the defendant will again cut off all further contact between the Plaintiffs and the child. 21. This Court may assume jurisdiction over this matter pursuant to the provisions of 23 Pa. C.S. §5344 (a) (3) relating to Custody Jurisdiction. 22. Entering an order granting temporary primary physical custody will permit the full adjudication of this matter, and will protect the child from suffering the negative that were threatened by her S, tepfather if the child attempted to leave his repercussions household. 23. Without having an opportunity to litigate this matter here in Pennsylvania, plaintiffs fear that the child may suffer an irreversible detriment to her overall and academic progress and that her overall well-being may suffer from substantial neglect if the child is fomed to return to Georgia. 24. Due to the exigencies described herein, plaintiffs seek emergency relief in the form of a temporary order such that they may be afforded an opportunity to pursue custody and protect what they believe serves the child's best interests and permanent welfare. ~ WHEREFORE, Plaintiffs, Randy L. Peterson, and Raymond M. Peterson, respectfully request that this Honorable Court enter an Emergency Order of Court providing the child's paternal grandfather, Raymond M. Peterson, have temporary primary physical custody of the child, and awarding father, Randy L. Peterson rights to visitation with the child. Furthermore, for the reasons set forth herein, Plaintiffs respectfully request that this Honorable Court prohibit Mother from removing the child from the custody of Plaintiffs or from the jurisdiction pending hearing, conciliation or further Order of Court. June z~, 2003 ~mitted, Aff~_~_~m~y for Plaintiffs 35 East High Street, Suites 201/202 Carlisle, Pennsylvania 17013-3052 (717) 243-6090 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ,2003 RANDY L. PETERSON and RAYMOND M. PETERSON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIM A. SHEDD, Defendant NO. 03-3028 CIVIL TERM ORDER OF COURT AND NOW, this 26t~ day of June, 2003, upon consideration of PlaintiWs Petition for Emergency Relief, this matter is referred to the custody conciliation process pursuant to Cumberland County Rule of Procedure 1915.12-1, and the Court Administrator is requested to facilitate and expedite this referral. BY THE COURT, esley Oler, ~ J. Nathan C. Wolf, Esq. 35 East High Street Suites 201/202 Carlisle, PA 17013 Attorney for Plaintiffs Kim A. Shedd 7805 Creekwood Road Fairburn, GA 30213 Defendant, Pro Se Cumberland County Court Administrator ~ 9/~ ~, :rc RANDY L. PETERSON AND RAYMOND M. PETERSON PLAiNTIFF KIM A. SHEDD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNSYLVANIA 03-3028 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 27, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 03, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearing. FORTHE COURT. By: /s/ _[acqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL ttELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUL 0 7 003 RANDY L. PETERSON and RAYMOND M. PETERSON Plaintiffs V. KIM A. SHEDD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3028 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF CO URT AND NOW, this ~f ~ day of ~',, [ ~ , 2003, upon consideration of the attached 'C~stody Conciliation Re~ort, iit is ordered and directed as follows: 1. The Father, Randy L. Peterson and the paternal Grandfather, Raymond M. Peterson, shall have temporary shared legal custody of Heather Lynn Peterson, bom August 12, 1986. Father and Grandfather shall have an equal right, to be exercised jointly with the other, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Grandfather shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as agreed by Grandfather. 4. Mother shall have periods of supervised visitation as agreed, with Grandfather as the supervisor. 5. No party is permitted to remove the child from the Commonwealth of Pennsylvania without prior Order of Court. 6. This Temporary Order is entered pursuant to the request of the paternal Grandfather at a Conciliation Conference. The parties ma)modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Any party may contact the Conciliator to schedule., another conference. BY THE COURT, /") //P/ / J./~es[ey Oler, Jr., J. cc: Nathan C. Wolf, Esquire, Counsel for Fath~6rl/and Grandfather ~9~ Kim A. Shedd, pro se-7805 Creekwood Road, Fairburrt, GA 30213 VINVA'tAgNN3~ T r~, RANDY L. PETERSON and RAYMOND M. PETERSON, Plaintiffs V. KIM A. SHEDD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2003-3028 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Heather Lynn Peterson August 12, 1986 Patemal Grandfather 2. A Conciliation Conference was held in this matter on July 3, 2003, with the following individuals in attendance: Grandfather, Raymond M. Peterson, Grandfather and Father's counsel, Nathan C. Wolf, Esquire. Mother, Kim A. Shedd was not present. The Conciliator called both the home telephone and cellular phone numbers of Mother and left messages for Mother to call the telephone number where the Conciliation Conference was taking place. The conciliator waited for one hour and Mother did not call. It was not clear that Mother had actual notice of the time of the conference although she knew the conference was occurring on July 3, 2003 as :she acknowledged the same in a conversation with the child. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated June 26, 2003, referring the Petition for Emergency Relief to the conciliation process and requesting an expedited conference. 4. Grandfather requested an Order in the form as attached and any party may contact the Conciliator for another conference. Date : a~cqghne M. Vemey, Esquire ,) Custody Conciliator