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HomeMy WebLinkAbout09-05651 C. SCOTT PETERSON, Plaintiff V. KAREN PETERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 5l05 am I Term CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is C. Scott Peterson, residing at 1606 Matthew Drive, Camp Cumberland County, Pennsylvania 17011. 2. The Defendant is Karen Peterson, residing at 433 Cherokee Drive Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks custody of the following child: Dylan Scott Peterson, who is 2 years of age having been born on October 31, 2006. The child was born during wedlock The child is presently in the custody of Defendant who resides as aforesaid. During the past five years, the child has resided with the following persons and at the following addresses: Plaintiff and Defendant 1606 Matthew Drive Birth thru January 17, 2009 Camp Hill, PA 17011 Defendant and her 433 Cherokee Drive January 17, 2009 to Present Parents, David and Mechanicsburg, PA 17050 Deborah Plott The mother of the child is Karen Peterson, currently residing at 433 Cherokee Drive, SAWIS, FLOWER &z ANDS" 26 West High Street Carlisle, PA Mechanicsburg, Pennsylvania 17050. She is married. The father of the child is C. Scott Peterson, currently residing at 1606 Matthew Drive, Camp Hill, Pennsylvania 17011. He is married. 4. The relationship of Plaintiff to the child is that of natural Father. The Plaintiff currently resides alone. 5. The relationship of Defendant to the child is that of natural Mother. The Defendant currently resides with her parents, David and Deborah Plott, and the child at issue. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child pendi in a court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the proceedings who physical custody of the child or claims to have custody or visitation rights with respect to child. 9. The best interest and permanent welfare of the child will be served by the relief requested because: a. Plaintiff, (hereinafter referred to as "Father"), can best provide a environment for the child; b. Father is able to provide for the child's emotional, physical and well being; C. Father is able to provide for the day to day needs of the child; d. Father has been the child's primary custodian since birth; e. Father is residing the former martial residence, the only home the FWWERIS & LINDSAY 26 West High Street Carlisle, PA has known, and believes this will provide continued stability and consistency for the child; f. Father desires an Order which will provide him and the child with consistent and regular schedule for custody; g. Father desires an Order which will provide him more definite shared and shared physical custody so that he can continue to provide the best emotional and bond for the child; and h. Father desires an Order which will allow him to share in the making regarding the child's medical care, education and moral upbringing. 10. Each parent whose parental rights to the child have not been terminated and person who has physical custody of the child have been named as a party to this action. 11. This is a new Complaint and no Judge has been previously assigned to case. WHEREFORE, the Plaintiff requests this Honorable Court to grant him shared legal and shared physical custody of the child. Respectfully Submitted, SAIDIS, FLOWER & LINDSAY Ma as, Esquire ID No. 26 West High Street Carlisle, PA 17013 (717) 243-6222 Fax (717) 243-6486 Attorney for Plaintiff SAIMS, RFLONVIER LOWSAY NEW-W 26 West High Street Carlisle, PA J' VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. 0 C. Scott Peterson Date:,/ Z / d a FLOWER & LINDSAY 26 West High Street Carlisle, PA ? ... ?,,, ?i ?: ??,,, w ? ? .?' ° ?w C. SCOTT PETERSON PLAINTIFF V. KAREN PETERSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ENNSYLVANIA 2009-565 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 09, 2009 , upon considerate of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, March 12, 2009 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made t resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Prote tion from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to sc eduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by 1; with Disabilites Act of 1990. For information about accessible facilities and rE available to disabled individuals having business before the court, please cont? must be made at least 72 hours prior to any hearing or business before the coui conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPI FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 to comply with the Americans onable accommodations our office. All arrangements You must attend the scheduled CE. IF YOU DO NOT E THE OFFICE SET rte/ ? ? 6c.7-6 OS-1 WJ 6-- 83.E 60OZ /?(3'd.L? m-l e.,.{ ,L-4d 3'W. A0 30f.j 1IA MAR 2 0120M6 C. SCOTT PETERSON Plaintiff vs. KAREN PETERSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-565 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7e.7 _ day of , 2009, upon _tNVAA-(2?? consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, C. Scott Peterson, and the Mother, Karen Peterson, shall have shared legal custody of Dylan Scott Peterson, born October 31, 2006. Major decisions concerning the Child including, but not necessarily limited to, (his/her) health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. On a temporary trial basis pending the follow-up custody conciliation conference scheduled in this Order, the parties shall have physical custody of the Child as follows: A. During Week I, the Father shall have custody of the Child from Wednesday afternoon when the Father shall pick up the Child at daycare through Friday morning, when the Father shall transport the Child to daycare. B. During Week II, the Father shall have custody of the Child from Thursday afternoon, when the Father shall pick up the Child at daycare through Sunday at 7:00 p.m., when the Mother shall pick up the Child at the Father's residence. C. Weeks I and II shall alternate on an ongoing basis, with the Mother having custody of the Child at all times not otherwise specified for the Father. D. The custody schedule shall begin with the Mother having custody of the Child for the weekend beginning Friday March 13, 2009 through the following Wednesday when the Mother shall transport the Child to daycare. E. The parent who transports the Child to daycare in the morning under the foregoing schedule shall be deemed to have custody of the Child throughout the day until the other parent picks up the Child after daycare for purposes of designating responsibility for the Child in the event there is no daycare for some reason, such as a sick day, or weather related closure. F. The parties agree that the Child should regularly attend daycare during each of their periods of custody. However, on occasion, either party may remove the Child from daycare during that party's period of custody if that parent is off work and has an opportunity to spend additional time with the Child. 3. The parties shall have custody of the Child on holidays as follows: A. Easter: In 2009, the Mother shall have custody of the Child on Easter Sunday until 2:00 p.m. and the Father shall have custody from Easter at 2:00 p.m. until the following Monday morning when the Father shall transport the Child to daycare. B. Memorial Day: In 2009, the Father shall have custody of the Child for the Memorial Day holiday from Sunday night at 7:00 p.m. through Tuesday morning, when the Father shall transport the Child to daycare. C. Mother's Day/Father's Day: The Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Except for exchanges which are scheduled to take place at the Child's daycare, the parent who is receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 5. The parties shall participate in a course of therapeutic family counseling with a professional to be selected by agreement between the parties. The parties shall select the counselor and contact the counselor's office by March 23, 2009 to schedule the initial appointments. The parties shall equally share any unreimbursed costs, including co-pays, of the counseling. The parties shall follow the recommendations of the counselor with respect to the frequency and duration of counseling. 6. Either party may request through counsel that the other party take a urine test for the detection of marijuana, within 24 hours of the request, up to a total of three (3) times pending the follow-up custody conciliation conference scheduled in this Order. No request for drug testing shall be made in the absence of a reasonable basis therefor during or immediately following a custodial period with the other parent. The drug test shall be performed within 24 hours of the request at the office of the attorney representing the party taking the test. The party taking the test shall notify the other party promptly as to when he or she will be going to the attorney's office to take the test so that the requesting party can be present. The party taking the test shall be responsible to provide the urine test equipment. The party requesting the drug test shall be responsible to pay the costs thereof, except in the event of a positive result, in which case the tested party shall pay the costs. 7. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on June 16, 2009 at 9:00 a.m. for the purpose of reviewing the custody arrangements and establishing an ongoing schedule. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 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. BY TH LfOU Edgar B. Bayley J. cc: ,,)arylou Matas, Esquire - Counsel for Father L,Xiane M. Dils, Esquire - Counsel for Mother 4 LL! -.- n' C\j LIJ C7% c=1 230 Z) . f C. SCOTT PETERSON Plaintiff VS. KAREN PETERSON Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-565 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dylan Scott Peterson October 31, 2006 Mother 2. A custody conciliation conference was held on March 12, 2009, with the following individuals in attendance: the Father, C. Scott Peterson, with his counsel, Marylou Matas, Esquire, and the Mother, Karen Peterson, with her counsel, Diane M. Dils, Esquire. 3. The parties agreed to entry of an Order in the form as attached. kx&"td2?-? Date Dawn S. Sunday, Esquire Custody Conciliator JUN 2 2 20096) C. SCOTT PETERSON Plaintiff vs. KAREN PETERSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2009-565 IN CUSTODY ORDER CIVIL .ACTION LAW AND NOW, this 18th day of June, 2009, the conciliator, being advised by counsel for both parties that the parties agree to continue operating under the current Custody Order without need for modification, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for June 24, 2009 is cancelled. FOR THE COURT - L'"j-_4 Dawn S. Sunday Custody Conciliator OF THE F`iTl 20H JU 1 ?3 Ai?l III : S0 J• C. SCOTT PETERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. KAREN PETERSON DEFENDANT • 2009-565 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, __ Wednesday, October 14, 2009 ,upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at ___ _ 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 03, 2009 at 3:00 PM fur aPre-Bearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appeai° at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ _ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedt~~rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ti ~~ 2~~9 OCR' I ~ Pr~~ 2~ S3 Gi.''~~, C. SCOTT PETERSON, Respondent/Plaintiff vs. KAREN PETERSON, Petitioner/Defendant IN THE COURT CUMBERLAND NO. 2009-565 OF COMMON PLRiS f---2- COUNTY, PENNgOVAlti ,,. cry,r- 1 -<33: c,--1 =., CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW COMES, Karen Peterson, by and through her attorney, Thomas M. Clark, Esquire, of Colgan & Associates, LLC, and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: 1. The Petitioner/Defendant is Karen Peterson (hereinafter referred to as "Mother"), who currently resides at 19 Monarch Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Respondent/Plaintiff is C. Scott Peterson (hereinafter referred to as "Father"), who currently resides at 3503 Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. An Order of Court was entered on March 23, 2009 (a copy of which is attached hereto as Exhibit "A". 4. Mother is now seeking a modification of the current terms of the Custody Order for the following child: Dylan Scott Peterson, born in 2006 (age 7). 5. The relationship of Petitioner/Defendant to the child is that of Mother. 6. The relationship of the Respondent/Plaintiff to the child is that of Father. 7. Mother is satisfied with the parties' day-to-day physical custody schedule, but the need for modifications to the physical custody schedule has become apparent for the following reasons: 3.09,0/,' ‘vvy 30/570x, a. Father has never given his consent to allow Mother to take the child on a vacation. The existing Order does not address vacation time and, at present, Mother has been unable to obtain Father's consent to take the child on a week -long family vacation in June of 2014. b. The holiday schedule in the existing Order is no longer practical for the parties. c. An exchange time needs to be established for non - school days, because the parties are unable to agree on the appropriate time to exchange custody of the child on days when school is not in session. 8. Additionally, the following issues regarding legal custody of the child have arisen, leading to the need for the addition of specific provisions to address the following concerns in the Custody Order: a. Mother plans to have a destination wedding in the fall of 2014. Father will need to sign the appropriate paperwork for the child to obtain a passport in a timely manner in order to attend the wedding, but he has not done so at the time this petition is being filed. b. Mother has sought Father's consent for out of state and/or out of country travel, to which Father has offered little -to -no response. c. Notice to the other party should be required prior to one parent visiting the other's home, as Father has come to Mother's home without notice. d. The child is not adequately and completely doing his homework while in Father's physical custody. e. The child has been tardy for school on several occasions during Father's period of physical custody. f. Father has been generally unresponsive regarding general issues regarding the child's health, education, child care, and medical care. Father should be required to respond to Mother's requests regarding general issues of legal custody within twenty - four (24) hours of a request by Mother in order to provide adequate care for the child. 8. Mother has attempted to reach an amicable agreement with Father regarding the above issues, but no agreements have been reached by the parties. 9. Mother has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 10. Mother does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 11. The best interest and permanent welfare of the child will be served by granting Mother's requested modifications. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Petitioner respectfully requests,Y is Ho , ra ‘le Court to grant Mother's requested relief by modifying the Custody Order as Dated: By: Res C erein reques d. ed, CIATES, LLC T omas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502 -5000 Fax: (717) 502 -5050 W 2 0 2OFec, C. SCOTT PETERSON IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA vs. KAREN PETERSON 2009 -565 CIVIL ACTION LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 12. day of consideration of the attached Custody Conciliation Report, it is ordered and direct 2009, upon ottows: 1. The Father, C. Scott Peterson, and the Mother, Karen Peterson, shall have shared legal custody of Dylan Scott Peterson, born October 31, 2006. Major decisions concerning the Child including, but not necessarily limited to, (his/her) health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. On a temporary trial basis pending the follow-up custody conciliation conference scheduled in this Order, the parties shall have physical custody of the Child as follows: A. During Week I, the Father shall have custody of the Child from Wednesday afternoon when the Father shall pick up the Child at daycare through Friday morning, when the Father shall transport the Child to daycare. B. During Week II, the Father shall have custody of the Child from Thursday afternoon, when the Father shall pick up the Child at daycare through Sunday at 7:00 p.m., when the Mother shall pick up the Child at the Father's residence. C. Weeks I and II shall alternate on an ongoing basis, with the Mother having custody of the Child at all times not otherwise specified for the Father. D. The custody schedule shall begin with the Mother having custody of the Child for the weekend beginning Friday March 13, 2009 through the following Wednesday when the Mother shall transport the Child to daycare. E. The parent who transports the Child to daycare in the morning under the foregoing schedule shall be deemed to have custody of the Child throughout the day until the other parent picks up the Child after daycare for purposes of designating responsibility for the Child in the event there is no daycare for some reason, such as a sick day, or weather related closure. F. The parties agree that the Child should regularly attend daycare during each of their periods of custody. However, on occasion, either party may remove the Child from daycare during that party's period of custody if that parent is off work and has an opportunity to spend additional time with the Child. 3. The parties shall have custody of the Child on holidays as follows: A. Easter: In 2009, the Mother shall have custody of the Child on Easter Sunday until 2 :00 p.m. and the Father shall have custody from Easter at 2:00 p.m. until the following Monday morning when the Father shall transport the Child to daycare. B. Memorial Day: In 2009, the Father shall have custody of the Child for the Memorial Day holiday from Sunday night at 7:00 p.m. through Tuesday morning, when the Father shall transport the Child to daycare. C. Mother's Day/Father's Day: The Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 pin. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Except for exchanges which are scheduled to take place at the Child's daycare, the parent who is receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 5. The parties shall participate in a course of therapeutic family counseling with a professional to be selected by agreement between the parties. The parties shall select the counselor and contact the counselor's office by March 23, 2009 to schedule the initial appointments. The parties shall equally share any unreimbursed costs, including co -pays, of the counseling. The parties shall follow the recommendations of the counselor with respect to the frequency and duration of counseling. 6. Either party may request through counsel that the other party take a urine test for the detection of marijuana, within 24 hours of the request, up to a total of three (3) times pending the follow -up custody conciliation conference scheduled in this Order. No request for drug testing shall be made in the absence of a reasonable basis therefor during or immediately following a custodial period with the other parent. The drug test shall be performed within 24 hours of the request at the office of the attorney representing the party taking the test. The party taking the test shall notify the other party promptly as to when he or she will be going to the attorney's office to take the test so that the requesting party can be present. The party taking the test shall be responsible to provide the urine test equipment. The party requesting the drug test shall be responsible to pay the costs thereof, except in the event of a positive result, in which case the tested party shall pay the costs. 7. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on June 16, 2009 at 9:00 a.m. for the purpose of reviewing the custody arrangements and establishing an ongoing schedule. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 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. lou Matas, Esquire — Counsel for Father e M. Dils, Esquire - Counsel for Mother 4 FILED-0:7Pa OF 114E ,I)ROIV,Cr';',10TO Itti MR 214 01 et 3 1 20.Stirf FEWAYANIP, C. SCOTT PETERSON VS. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA KAREN PETERSON 2009-565 CIVIL ACTION LAW Defendant IN CUSTODY Prior Judge: Edgar B. Bayley 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 Dylan Scott Peterson October 31, 2006 Mother 2. A custody conciliation conference was held on March 12, 2009, with the following individuals in attendance: the Father, C. Scott Peterson, with his counsel, Marylou Matas, Esquire, and the Mother, Karen Peterson, with her counsel, Diane M. Dils, Esquire. 3. The parties agreed to entry of an Order in the form as attached. nta.t.at. 0100 Date Dawn S. Sunday, Esquire Custody Conciliator C. SCOTT PETERSON, * IN THE COURT OF COMMON PLEAS Respondent/Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA vs. * NO. 2009-565 * KAREN PETERSON, * CIVIL ACTION - LAW Petitioner/Defendant * IN CUSTODY VERIFICATION I, KAREN PETERSON, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ' 4904 relating to unsworn falsification to authorities. KAREN PETERSON, Petitioner C. SCOTT PETERSON, Respondent/Plaintiff vs. KAREN PETERSON, Petitioner/Defendant * IN THE COURT OF COMMON PLEAS * * NO. 2009 -565 * CUMBERLAND COUNTY, PENNSYLVtANIA , * * CIVIL ACTION - LAW IN CUSTODY CRIMINAL RECORD /ABUSE HISTORY VERIFICATION cn I, Karen Peterson, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the "YES" box next to a crime below, neither I nor any member of my household has been convicted or has pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Answer Crime Self Other Date of Yes or No household conviction, member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) Sentence Answer Crime Self Other Date of Yes or No household conviction, member guilty plea, no contest plea or pending charges YES NO El o� 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) 18 Pa.C.S. §3129 u u (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ K 18 Pa.C.S. §3301 (relating to arson and related �,( offenses) ❑ Ibl 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) Sentence Answer Yes or No YES NO Crime Self Other Date of household conviction, member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. §4303 (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or (d) ❑ (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. § 6114 (relating to contempt for violation of protection order or agreement) Driving under influence of drugs or alcohol Sentence Answer Crime Self Other Date of Yes or No household conviction, member guilty plea, no contest plea or pending charges YES NO Manufacture, sale or delivery, ❑ ❑ holding, offering for sale or possession of any controlled substance or other drug or device Sentence 2. Unless indicated by my checking the "YES" box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Answer Yes or No YES NO Self A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction. Abusive conduct as defined under the Protection from ❑ Abuse Act in Pennsylvania or similar statute in another Jurisdiction. Other: Other household member Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. Iv 5. If you are aware that the other party or member of the other party's household has or have a criminal /abuse history, please explain: I verify that the statement made in this Criminal Record /Abuse History Verification 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 and can be punishable by fine or imprisonment. Date: 3/(-1 Li Si ature gi4„ Pei+crsU1-, Printed Name 1. C. SCOTT PETERSON : IN THE COURT OF COMMON PLEAS OF PLAINTIFF V KAREN PETERSON DEFENDANT : CUMBERLAND COUNTY, PENNSYLVANIA 2009-565 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, March 07, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, April 09, 2014 4:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and aDyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence.of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disahilites 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 N T AN ' .... ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH W± Op OUT 0...0 S fiLltL Cumberland County Bar Association 32 South Bedford Street <c) --e --- ,. j (...) . cnr- x =i71 -'.. WHERE YOU CAN GET LEGAL HELP. `7• C.62_1(. Carlisle, Pennsylvania 17013 ......c.--, ' > N3 C • gICe44:eFeACON") Telephone (7.17)249-3166 SILtx.14/ /10/1'?' C. SCOTT PETERSON, * IN THE COURT OF COMMON PLEAS Respondent/Plaintiff * CUMBERLAND COUNTY, PENNS ;ANIA * _.. VS. * NO. 2009-565 * = C_xs� KAREN PETERSON, * CIVIL ACTION- LAW ?> -4; Petitioner/Defendant * IN CUSTODY , --t ?ter AFFIDAVIT OF SERVICE I, Thomas M. Clark, being duly sworn, deposes and says that he is an adult and that he served the Petition for Modification of Custody (filed on March 7, 2014) on C. Scott 'eterson, at his last known address as follows: 3503 Beech Run Lane, Meehan'• • g, Pe , sylvania by certified mail, restricted delivery, return receipt requested on the 151 day of-Mar h, 2013. The PS Form 38111 is attached hereto, marked Exhibit "A" and mate a part 'Lir-•f by reference thereto. Date: March 18,2014 COLGAN& :SOCIA ES,LLC By: Th c as M.Clark,Esquire COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF YORK On this, the 18th day of March, 2014, before me, a notary public, personally appeared Thomas M. Clark, Esquire to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that he executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. NOTARIAL SEAL f A. A / , A/ SHARON SHEAFFER Notary Public NrSTARY PUBLI DILLSBURG BORO.,YORK COUNTY My Commission Expires: My Ccmmission Expires Feb 26,2016 ' P. , SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu - item 4 if Restricted Delivery is desired. j• ` i .Agent ■ Print your name and address on the reverse X s i V ❑Addressee so that we can return the card to you. eceived by(Printed Name) C. D. e of D-livery • Attach this card to the back of the mailpiece, D ��� f r. or on the front if space permits. 'f � D. Is delivery address different from item 1? • Yes 1. Article Addressed : If YES,enter delivery address below: ❑No C • - t/1 Olfl J03 6 ah PAA,R kial. miitivmt;toil 1 r 1 I ll os 3 S rvice Type 'Certified Mail® ❑Priority Mall Express' ❑Registered ' Return Receipt for Merchandise ❑Insured Mail ❑ ect on Delive 4. Restricted Delivery?(Extra Fee) Yes 2. Article Number - ;,a`'.4 -' s._ — j �. . .-46 - — i (Transfer from service Taber ..• — 7 0123,4 _<,>;- Y 1, 14 3 0 8 9 PS Form 3811,July"2013 — Domestic Return Receipt '., , EXHIBIT "A" C. SCOTT PETERSON, Plaintiff V. KAREN PETERSON, Defendant IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYL_VANIA 2009 -565 — CIVIL ACTION LAW 2- IN CUSTODY c3 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, C. Scott Peterson, in the above - captioned matter. Dated: 4-72i/4- Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Respectfully Submitted, SAIDIS, SULLIVAN & ROGERS --)/ O Waj4!) Maryl u IM' s, Esquire`" Attorney IDS' 54919 26 West High Street Carlisle, PA 17013 (717) 243 -6222 C. SCOTT PETERSON vs. KAREN PETERSON Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009 -565 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT ih AND NOW, this 1 i day of APP, of the attached Custody Conciliation Report, it is ordered and directed as follows: , 2014, upon consideration 1. The prior Orders of this Court dated March 23, 2009 and November 9, 2009 shall continue in effect as modified by this Order. 2. In the event an exchange of custody is scheduled to take place at daycare /school and there is no daycare or school on that day, the exchange time shall be 4:00 p.m. unless otherwise agreed between the parties. The parent who has custody during the day until 4:00 p.m. shall be responsible to make any childcare arrangements if necessary. 3. Each parent shall be entitled to have two full nonconsecutive weeks of vacation with the Child each year upon providing at least 30 days advance notice to the other parent. Each parent shall be entitled to schedule up to one week of vacation over the other parent's regular weekend period of custody. The other week of vacation for each parent shall be scheduled to include that parent's regular weekend period of custody. The parent providing notice first of the selected dates for vacation shall be entitled to preference on his or her selection of vacation dates. In 2014, the Mother shall have a vacation period of custody from Saturday, June 7 through Saturday, June 14 at 8:00 p.m. and the Father shall have a week of vacation from Saturday, June 14 at 8:00 p.m. through Saturday, June 21 at 8:00 p.m. Each party shall comply with the notice requirements for any additional periods of vacation custody in 2014, if applicable. 4. The Mother shall have custody of the Child from Wednesday, October 15 after school (or 4:00 p.m. if there is no school) through Monday, October 20 for the Mother's wedding on Grand Cayman Island. The Mother shall provide an itinerary of the trip, including all travel arrangements, to the Father as soon as it is available but no later than 30 days prior to October 15. As a makeup period of custody, the Father shall have custody of the. Child from Thursday, October 9, 2014 from after school (or 4:00 p.m. if there is no school) through Wednesday, October 15. 5. The parties shall cooperate in obtaining a Passport for the Child prior to the October 15 travel. The Father shall provide to the Mother, through counsel, a fully completed Passport application within seven days of the custody conciliation conference. The Mother's counsel shall hold the Passport until the time of the October 15 trip. Thereafter, neither parent shall remove the Child from the United States without the prior consent of the other parent, which consent shall not be unreasonably withheld. 6. The prior Order of this Court dated November 9, 2009 is hereby modified to the extent of any inconsistencies with the following holiday custody provisions: A. Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at 11:00 a.m. through Christmas Day at 11:00 a.m. and the Father shall have custody from Christmas Day at 11:00 a.m. through December 26 at 11:00 a.m. The remainder of the Christmas school break shall be divided into Segment A, which shall run from December 26 at 11:00 a.m. through December 30 at 11:00 a.m., and Segment B, which shall run from December 30 at 11:00 a.m. through the day on which school resumes. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. For purposes of this provision, the entire New Year's segment of the holiday shall be deemed to fall within the same year as Christmas. B. Thanksgiving: In every year, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:15 p.m. and the Father shall have custody from 3:15 p.m. through 7:45 p.m. C. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedule. 7. Recognizing that good communication is essential for an effective co-parenting relationship and the wellbeing of the Child, each parent shall respond as promptly as possible to emails or other contacts from the other parent requesting information. 8. The parties agree to consider the possibility of obtaining the assistance of a counselor or mediator/arbitrator to assist them in improving communications and making timely decisions for the Child's benefit. 9. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 10. 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. BY THE COURT, cc: Thomas M. Clark Esquire — Counsel for Mother vMarylou Matas Esquire — Counsel for Father 4 dNflOO wna 1c 91 adv Fuez .,0JvioNothO&I 3HI .40 C. SCOTT PETERSON Plaintiff VS. KAREN PETERSON Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-565 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19153-8, 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 Dylan Peterson BIRTH YEAR CURRENTLY IN CUSTODY OF 2006 Mother/Father 2. A custody conciliation conference was held on April 9, 2014, with the following individuals in attendance: the Mother, Karen Peterson, with her counsel, Thomas M. Clark Esquire, and the Father, C. Scott Peterson, with his counsel, Marylou Matas Esquire. 3. The parties agreed to entry of an Order in the form as attached with the exception of the exchange time on Thanksgiving Day which is the recommendation of the conciliator. fir-tj 2o 1 Date Dawn S. Sunday, Esquire Custody Conciliator