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HomeMy WebLinkAbout09-0630 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Karen Elizabeth Peterson KAREN ELIZABETH PETERSON : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA c7?/- G0 (. ccnt I etn VS. :NO. CLIFFORD SCOTT PETERSON : CIVIL ACTION - LAW Defendant :CUSTODY COMPLAINT FOR SHARED LEGAL AND PRIMARY PHYSICAL CUSTODY AND NOW, this day of February, 2009, comes the Plaintiff, Karen Elizabeth Peterson, by her attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff is Karen Elizabeth Peterson, an adult individual currently residing at 433 Cherokee Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Clifford Scott Peterson, an adult individual currently residing at 1606 Matthew Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant were married on September 17, 2005 in Mechanicsburg, Pennsylvania. 1 4. Plaintiff and Defendant are the natural parents of one child; namely, Dylan Scott Peterson, born October 31, 2006 in Harrisburg, Pennsylvania. 5. The minor child has resided with the Plaintiff, Karen Elizabeth Peterson, at the above address since Saturday, January 17, 2009; said address being the home of Plaintiff's parents. 6. Plaintiff believes the best interest of her son will be served by granting shared legal custody between the parties and primary physical custody of the minor child, Dylan Scott Peterson, in the Plaintiff. 7. Plaintiff requests that Defendant be required to undergo drug testing, specifically hair follicle testing, prior to any partial custodial rights being established in the Defendant. 8. Prior to a successful drug test by Defendant, Plaintiff suggests supervised visitation. 9. Plaintiff requests a Court Order permitting her to request additional drug testing of the Defendant in the future. 10. The minor child had resided in Cumberland County, Pennsylvania since his birth. 11. The Court of Common Pleas of Cumberland County has jurisdiction in this matter. 2 12. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor child in this or any other Court. 13. The Plaintiff has no information of the custody proceedings concerning the child pending in a Court of this Commonwealth or any other state. 14. The Plaintiff 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. WHEREFORE, the Plaintiff, Karen Elizabeth Peterson, respectfully prays your Honorable Court to grant her primary physical custody of her son with shared legal custody between the parties. Respoeffully submitted, Date * Diane Nils, Es(fuire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 3 VERIFICATION COMPLAINT FOR SHARED LEGAL I verify that the statements made in this AND PRIMARY PHYSICAL CUSTODY 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. KAREN ELIZABETH PETERSON Date: a /a/ 0 1 t f Pi y : G' i - -. ???gy [ O W ? -a ??.... 3 F ti..} rn b -< .t-- _ -• KAREN ELIZABETH PETERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CLIFFORD SCOTT PETERSON DEFENDANT 2009-630 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 17, 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 Thursday, March 12, 2009 at 12:00 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. 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. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C S :1 W'd 9 1 933 5002 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Karen Elizabeth Peterson KAREN ELIZABETH PETERSON : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-630 Civil Term CLIFFORD SCOTT PETERSON : CIVIL ACTION - LAW Defendant/Respondent :CUSTODY PETITION FOR EMERGENCY CUSTODY AND NOW this 25th day of February, 2009 comes the Plaintiff/Petitioner, Karen Elizabeth Peterson, by her attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Your Petitioner is Karen Elizabeth Peterson, an adult individual represented by Diane M. Dils, Esquire, whose office is located at 1400 North Second Street, Harrisburg, Pennsylvania 17102. 2. The Respondent, Clifford Scott Peterson, is the Defendant above named, an adult individual represented by Attorney Marylou Matas, Esquire, whose office is located at 26 West High Street, Carlisle, Pennsylvania 17013. 3. Your Petitioner and the Respondent are the natural parents of one child; namely: Dylan Scott Peterson, born October 31, 2006 in Harrisburg, Pennsylvania. 4. Your Petitioner and the Respondent were married on September 17, 2005 in Mechanicsburg, Cumberland County, Pennsylvania, 5. On January 17, 2009, your Petitioner, Karen Elizabeth Peterson, separated herself and the minor child from the marital residence, the residence where the Respondent continues to reside. 6. Your Petitioner filed a Complaint for Custody in the Court of Common Pleas of Cumberland County on February 6, 2009. A Conciliation Conference is scheduled before Dawn S. Sunday, Esquire on Thursday, March 12, 2009 at 12:00 p.m. 7. The Respondent, Clifford Scott Peterson, filed a Complaint for Custody on or about February 4, 2009, Docketed to No. 2009-565, wherein a Conciliation Conference is scheduled before Dawn S. Sunday, Esquire on Thursday, March 12, 2009 at 12:00 p.m. 8. After your Petitioner separated herself and the minor child from the Respondent, she permitted the Respondent to have partial custodial time with the minor child the weekend immediately preceding the separation date. 9. The Respondent, Clifford Scott Peterson, was permitted to have the child from Saturday until Sunday; however, the Respondent refused to return the child to the Petitioner until Monday, despite their'verbal agreement. 10. The Respondent informed your Petitioner that on Saturday evening after the child went to bed, he had friends over. 11. The Respondent, Clifford Scott Peterson, smokes marijuana on a daily basis. 12. Your Petitioner had requested the Respondent to undergo drug testing, utilizing a hair follicle test. 13. Negotiations between counsel commenced in terms of partial custodial periods of custody between the Respondent and the minor child pending the Conciliation Conference on March 12, 2009. 14. Correspondence through attorneys indicated the Respondent's agreement that he would not remove the minor child from daycare during the day, unless it was his day to have the child. 15. Your Petitioner caused an Interim Agreement to be prepared setting forth a custodial, period of custody between the Respondent and the minor child commencing Saturday, February 21, 2009, until Sunday, February 22, 2009. 16. At approximately 6.00 p.m.. -on Friday, February 20, 2009, the Respondent faxed to your Petitioner's attorney, the Interim Agreement prepared on behalf of the Petitioner; however, the Respondent. refused to sign the Agreement containing the provision that Father would only remove the child from. -daycare on Tuesdays, which were proposed to be his custodial periods and would return the minor child to daycare on Wednesday mornings. Because the Respondent refused to sign the Interim Agreement agreeing not to remove the child from daycare pending the Conciliation Conference, your Petitioner did not permit the visitation this past weekend. 17. Despite communication between attorneys that the minor child would not be removed from daycare by Father unless it was his specific day, Father appeared at daycare on Monday, February 23, 2009, removed the child from daycare, sent a text message to his wife indicating that he had his son, and indicating that he was keeping him for approximately one week. 18. The minor child has not been away from his Mother for any substantial period of time since his birth. 19. Your Petitioner is fearful that the Respondent continues to engage in the smoking of marijuana. 20. Your Petitioner is fearful for the safety of the minor child. 21. Your Petitioner attempted to work with the Respondent, permitting him to enjoy time with his son after the initial separation on January 17, 2009, but the Respondent was unable to refrain from the smoking of marijuana during said custodial period and was unable to refrain from having his friends over when the minor child was in his custody. 22. Your Petitioner is aware of the "partying" of the Respondent with his friends, and this is why your Petitioner would not leave the minor child alone with the Respondent for any substantial period of time while there were residing together as husband and wife. 23. The Respondent did participate in a urine drug test at the office of his attorney and Attorney Matas confirmed in writing that the drug test was negative for marijuana. However, your Petitioner believes the Respondent is aware of how to clean his system for the purpose of presenting a negative drug test; however, your Petitioner does not believe the Respondent has ceased from smoking marijuana. 24. Your Petitioner had requested a drug test utilizing hair follicles. 25. Your Petitioner, in good faith attempted to negotiate periods of custody between the Respondent and the minor child, after verification was received that the Respondent passed a drug test; however, all your Petitioner requested was the Respondent's agreement that pending the Conciliation Conference, he would not go to daycare and take the child. 26. The Respondent refused to agree to this provision and his actions have confirmed the Petitioner's belief that the Respondent would take the child from daycare and not permit her any contact fora substantial period of time. 27. A copy of this Petition 'for Emergency Custody has been served the attorney for the Respondent, Marylou Matas, Esquire. 28. Attorney Matas does not concur with this Petition. WHEREFORE, your Petitioner, Karen Elizabeth Peterson, respectfully prays your Honorable Court to enter an Temporary Order requiring the return of the minor child to your Petitioner immediately with partial custodial periods of custody in the Respondent and a provision that the Respondent may not remove the minor child from daycare, said Temporary Order to remain in effect until the Conciliation Conference scheduled for March 12, 2009. submitted, Y: Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 U1/14/ZUUU 14:44 Y''AA '!1'?LddiDDl MLLOU M „+a,w VERIFICATION I verify that the statements made in the Petition for Emergency Custody 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. Date: MA00 SlN4 bl '01 en67E4,!:'/ten KAREN ELIZABETH PETERSON CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Petition for Emergency Custody has been hand delivered to the following individual on this 25th day of February 2009, addressed as follows: Marylou Matas, Esquire SADIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 B 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: February 25, 2009 Respectfully submitted, ?, '?`" ??.! --.. t,i.l f KAREN ELIZABETH PETERSON, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CLIFFORD SCOTT PETERSON, DEFENDANT/RESPONDENT 09-630 CIVIL TERM ORDER OF COURT AND NOW, this _day of February, 2009, the child in this case being two years old, there being no custody order in place, and there being a conciliation scheduled for March 12, 2009, the petition of plaintiff Karen Elizabeth Peterson for emergency relief, IS DENIED WITHOUT A HEARING. Z Diane M. Dils, Esquire /For Plaintiff ,Marylou Matas, Esquire For Defendant sal (201,31 izv ma E ??Zl? 7, U E l - 1 ? C . ? l ? LL1 ts.l ? iA °,.a !?. ? YmS