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HomeMy WebLinkAbout02-5157KIRA M. ESLINGER, Plaintiff VS. NICHOLAS A. HEIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN SWV A NO. Ob- ,ffl~"~ ~'(~c-~<~X IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff, Kira M. Eslinger, by and through her attorney, G. Patrick O'Connor, Esquire, files a Complaint and petitions for Custody, of which the following is a statement: 1. Plaintiffis Kira M. Eslinger, mother, who currently resides at 806 Green Acres Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Nicholas A. Hein, father, who currently resides at 42 W. Main Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks primary physical custody of the following child/children: Name Present Address Age Nicholas Ryley Eslinger 806 Green Acres Street Three (3) months Mechaniscburg, PA 17055 4. The child was born out of wedlock. The child has been in the primary physical custody of the mother since birth. Since birth, the child has resided with the following persons at the following addresses: manles Kira M. Eslinger Trisha D. Eslinger Mark B. Eslinger Anastasia J. Eslinger Zachary M. Eslinger Address 806 Green Acres Street Mechaniscburg, PA 17055 Dates Birth to Present The mother of the child is Kira M. Eslinger, currently residing at 806 Green Acres Street, Mechanicsburg, Pennsylvania 17055. She is not married. The father of the child is Nicholas A. Hein, currently residing at 42 W. Main Street, Apartment 4, Mechanicsburg, Pennsylvania 17055. He is not married. 7. The relationship of Plaintiffto the child is that of mother. The Plaintiff currently resides with the following persons: maine Trisha D. Eslinger Mark B. Eslinger Anastasia J. Eslinger Zachary M. Eslinger Nicholas Ryley Eslinger 8. The relationship of Defendant currently resides with the following persons: Relationship Mother Father Sister Brother Child to the child is that of father. The Defendant Name Relationship No one N/A 9. The parties have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of this child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief sought. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting full legal custody and primary physical custody of the minor child, Nicholas Ryley Eslinger, to the mother. Dated: Respectfully submitted: G. l~atri~k O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone: 717-737-7760 Attorney I.D. #64720 ATTORNEY FOR PLAINTIFF ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby certify that I am the attorney for the Plaintiff and that the information contained in the herein Complaint is based on information give to me by the Plaintiff and is true and accurate to the best of my knowledge, information and belief. ~/~. Patrick O'Connor, Esquire CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein Custody Complaint to the party indicated below by depositing same in the United States mail, postage prepaid, and in accordance with the Pennsylvania Rules of Civil Procedure, at Camp Hill, Pennsylvania: Nicholas A. Hein 42 W. Main Street Apartment 4 Mechanicsburg, PA 17055 DATE: ~G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Plaimiff KIRA M. ESLINGER PLAINTIFF NICHOLAS A. HE1N DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-5157 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT. AND NOW, _ Friday, November 01, 2002 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. _, the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, December 03, 2002 at 8:30 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Melissa P. Gree*y, 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KIRA M. ESLINGER, Plaintiff V. NICHOLAS A. HEIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5157 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~1~'~-' day of December, attached Custody Conciliation Summary Report, it is follows: 2002, upon consideration of the hereby ordered and directed as 1. J,~g~Cz~.~. The parties, Kira M. Eslinger and Nicholas A. Hein, shall have shared legal custody of the minor child, Nicholas Ryley Eslinger, born July 22, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. [}5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Neither party will impair the other's rights to shared legal custody of the child. Each party shall notify the other of any activity or circumstance concerning their 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. Mutual agreements shall be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding back the child in school, authorizing the child's driver's license or purchase of an automobile, authorizing foreign travel, passport application or exchange student status. 2. Physical Custody. Unless otherwise agreed, parenting time for Father shall be arranged as follows: A. Each week from Friday after work until Saturday at 8:30 p.m. B. Tuesday after work until Wednesday at 8:30 p.m. NO. 02-5157 CIVIL TERM 7. Either party shall be permitted to pick up the child from the babysitter's care in the event that the parent is not at work or in school on that day. However, that parent must notify the other parent of their intent to do so prior to picking up the child. 8. In the event that the child is in the presence of friends or family where arguing or violence is occurring, the parent then having custody shall remove the child from that environment immediately. 9. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that other household members and/or household guests comply with this prohibition. 10. It is anticipated that due to changing work and school schedules the custodial arrangement and parenting time may need to be rearranged. If the parties are unable to reach an agreement with regard to the change in the parenting schedule and the Conciliator receives the request within ninety (90) days of the date of this Order, the Custody Conciliation Conference may be reconvened by a letter request through counsel for this or another basis upon which the custodial arrangement may _ be revisited. BY TI~~ ne,~ Dist: /G. Patrick O'Connor, Esquire, 3105 Old Gettysburg Road, Camp Hill, PA 17011 v~'Gail Guida, Esquire, 112 Market Street, 6th FI., Harrisburg, PA 17108 KIRA M. ESLINGER, Plaintiff V. NICHOLAS A. HEIN, Defendant DE 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5157 CIVIL TERM 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 Nicholas Ryley Eslinger DATE OF BIRTH July 22, 2002 CURRENTLY IN THE CUSTODY OF. Mother 2. A Custody Conciliation Conference was held on December 3, 2002 pursuant to Mother's Complaint for Custody filed on October 24, 2002. Attending the Conference were: the Mother, Kira M. Eslinger, and her counsel, G. Patrick O'Connor, Esquire; the Father, Nicholas A. Hein, and his counsel, Gall Guida, Esquire. form of an Order as attached. Date The parties worked patiently and diligently and reach the agreement in the - ,,.,?. - .. ,- "~ . Mel~ssa Peel Greevy, Esquire Custody Conciliator :165956