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HomeMy WebLinkAbout10-3811Y OESTERLING & ARMBRUSTER 503 Bridge Street, Suite 212 New Cumberland, PA 17070 (717)620-8434 CUPS-~ ~ ~~~;~'~`'1'Y IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA THOMAS A. EASLEY PAMELA S. EASLEY Plaintiffs No. ~~ ~ ~ ~ ~~ ~ ~w' ~ ~~~'t`' v. ALYSHA NICOLE MURRAY AND STUART H. RHEINGOLD Defendants Civil Action- Complaint for Child Custody COMPLAINT FOR CUSTODY Alexander Rheingold 807 Flintlock Ridge 3 y/o (DOB: 08/08/2006) Mechanicsburg, PA 17055 1. Plaintiffs are Thomas A. Easley and Pamela S. Easley, husband and wife and adult individuals, sui juris, residing at 807 Flintlock Ridge Road, Mechancisburg, Cumberland County, Pennsylvania 17055. 2. Defendants are Alysha Nicole Murray, (biological mother), an adult individual, sui juris, who resides at 1127 West Poplar Street, City of York, York County, Pennsylvania 17404 and Stuart H. Rheingold, (biological father), whose last known residence was 124 South Beaver Street, City of York, York County, Pennsylvania 17403. 3. Plaintiffs seek custody of the following child: Name Address Awe 4. The child was born out of wedlock. 5. The child is presently in the primary physical custody ofPlaintiffs. 6. During the last five years the child has resided with the following persons and at the following addresses: s-~79.~d~ ~y ~~ jl~ /e`~ ~.y 3 3 8~ Name Michael B Swope Chan Kim Swope Alysha N. Murray Date 5-08 to present birth to May 2008 2516 Mount Zion Road York, PA 17406 Unknown 7. The mother of the child is Alysha N. Murray. 8. She is single. 9. The father of the child is Stuart H. Rheingold. 10. He is single. 11. The relationship of Plaintiffs to the child is that of guardians and or persons in loco parentis.. The Plaintiffs currently reside with the following person(s): Name Relationship Joshua Easley Son 12. The relationship of Defendants to the child is that of natural mother and father. The Defendants currently reside with the following persons: Name Relationship unknown 13. Plaintiffs are represented by Lee E. Oesterling, Esquire in regard to this matter. 14. Defendants are unrepresented in this matter. Biological mother has entered into a child custody stipulation for the welfare and best interest of the minor child; however, biological father is refusing to so stipulate. The Plaintiff s note that Defendant Stuart H. Rheingold's rights are currently suspended due to a conviction for indecent assault and the attendant Probation and Parole conditions thereto. The parties further note that Father must successfully complete his sex offender conditions and comply with 23 Pa. C.S. §5303(b) before he would be able to exercise any custodial rights. It is further noted that the earliest time at which Defendant,t Rheingold can petition the Court would be in December of 2010. • 15. Plaintiff has no information of another custody proceeding concerning the child pending in a Court of this Commonwealth. 16. 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. 17. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff s are presently caring for the child and have been responsible custodians and caregivers of the child (b). Plaintiffs have maintained and will continue to maintain a relationship with the child that has provided for the child's plrysical, intellectual, emotional and spiritual well being. 18. 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. All other persons, named who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE 22. A copy of this Complaint has been served on Defendants by handing them a copy and informing them of the contents. 23. Contemporaneously with the filing of this Complaint, Plaintiffs intend to file a stipulation seeking an agreed order regarding custody of the child and as such waive any appearance before the custody conciliator. WHEREFORE, Plaintiffs, requests the court grant them custody of the child. Respectfully Submitted, OES E. Oesterli Supreme Court ID # 71320 42 East Main Street, PO Box 331 Mechanicsburg, PA 17055 (717)620-8434 Attorney for Plaintiff VERIFICATION We verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. homas A. Easley, Plai tiff Pamela S. Easley, Plaintiff 1 r THOMAS A. EASLEY, PAMELA S. EASLEY PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-3811 CIVIL ACTION LAW ALYSHA NICOLE MURRAY AND STUART 1N CUSTODY H. RHEINGOLD ' DEFENDANT ORDER OF COURT AN[) NOW, Tuesday, June 15, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 29, 2010 at 9:30 AM f~~r a Pre-Hearin~~ 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/ jacyueline M. Verney, Esq. _ Custody Conciliator '1~he 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 THTS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN AT"T'ORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR"hH BELOW T(:) FIND OUT WHERE YOU CAN GET LEGAL HELP. ~. (,' •~~ ~'Q~(+. C~y, (Y~,~`~ Cumberland County Bar Association ~ ~e~~~` 32 South Bedford Street ~ ~ :.- Carlisle, Pennsylvania 17013 ~ a ~" _~ _ (o . ~ `i • (~ /~ O~CQS MQ,~. ~'~ 'i''d Telephone (717) 249-3166 ~-~~ `. - ~:. , ;., -?~ .~' -~ _ _ lo• I7~lo ~~~. '~la~ea ~n ~ V~-rlu~s -ale. ~; ~ ~4 ~~~, ~;; .: ~, ?' ~' ca~ JUN 2 g 2010 ~ THOMAS A. EASLEY and PAMELA S. EASLEY, Plaintiffs V. ALYSHA NICOLE MURR~ STUART H. RHEINGOLD Defendants IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA 2010-3811 CIVIL ACTION -LAW ~Y and: IN CUSTODY ORDER OF COURT '1h AND NOW, this ~~ day of ~y~~ , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The attached Stipulation For Entry of an Agreed Order of Court is hereby made an Order of Court. BY THE COURT, cc: ee E. Oesterlin Es it n g, qu e, Cou sel for Plaintiffs Alysha Nicole Murray, pro se 1127 West Poplar Street / York, PA 17404 Stuart H. Rheingold, pro se 35 N. Belvidere Avenue York, PA 17401 y/~~,o ~~ ~~ c ~. ~ ~~ ~ ~ -_, ..r _ 1 :., ~ i ~ ~` ,,-; C~ r~- r u{ ,~ IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA v. THOMAS A. EASLEY PAMELA S. EASLEY Plaintiffs No. ~d I a ~ 1) ) Civil Action- Child Custody ALYSHA NICOLE MURRAY AND STUART H. RHEINGOLD Defendants STIPULATION FOR ENTRY OF AN AGREED ORDER OF CUSTODY THIS STIPULATION AND AGREEMENT entered into this ~ day of 2010, by and between Thomas A. Easley and Pamela S. Easley, (hereinafter referred to as "the Easleys") and Alysha Nicole Murray and Stuart H. Rheingold, (hereinafter respectively referred to as "Mother and Father "), all of whom collectively are referred to as "the parties." FURTHER NOTING the parties desire to enter into an Agreement and Stipulation for Custody in Cumberland County Pennsylvania NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the child, Alexander Rheingold, born August 8, 2006 ,(hereinafter "child"); and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the child. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The Easley's shall have sole legal custody of the child. In accordance therewith, sole legal custody gives the Easley's the exclusive right to make important decisions or issues affecting the child, and to have full rights to any information regarding the child, including but not limited to: (1) access to all medical records of the child including records of immunizations and inoculations; (2) Access to all school records including report cards and progress reports. Notwithstanding, the Easley's agree to keep Mother and Father fully informed of all decisions impacting legal custody of the child and any information relevant thereto. 2. The Easley's shall have primary physical custody of the child, subject to Mother's rights of partial custody or visitation as the parties may from time to time mutually agree. The parties note that Father's rights are currently suspended due to a conviction for indecent assault and the attendant Probation and Parole conditions thereto. The parties further note that Father must successfully complete his sex offender conditions and comply with 23 Pa. C.S. §5303(b) before he can petition the Court. 3. The Mother shall have reasonable telephone contact with the child and the Easley's shall make all efforts to ensure such contact. 4. The parties shall do nothing that may estrange the child from the development of the child's love or affection for the other party. 5. The parties will endeavor to establish a positive and amicable relationship in recognition of the mutual goal of promoting a happy and healthful relationship that is in the best interests of the child. 6. The parties understanding the harmful effects of cigarette smoke agree that no one shall smoke in close proximity to the child or subject the child to a an enclosed living environment where smoking takes place. 7. No party shall use alcohol to the point of intoxication in the presence of the child. 8. No party shall bring the child into the presence or care of anyone known to the parties to be a danger to others or who presents a threat to the child's physical, mental, moral or emotional health. 9. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 10. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 11. The parties hereby stipulate to the entry of the above as an order of court and waive their right to appear before the court for the presentation of this stipulation and its incorporation as an order. The parties further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the child and shall retain such jurisdiction should circumstances change and should either party desire further or require further modification of said Order. ~w IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. (SEAL) Thomas A. Easely, Plaintiff ~i~-~~~ 5 ~<~' (SEAL) amela S. Easley, Plaintiff ?AL) SEAL) JUN 2 g Y~~ THOMAS A. EASLEY and : IN THE COURT OF COMMON PLEAS OF PAMELA S. EASLEY, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. :2010-3811 CIVIL ACTION -LAW ALYSHA NICOLE MURRAY and: STUART H. RHEINGOLD Defendants : IN CUSTODY PRIOR JUDGE: None 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 Alexander Rheingold August 8, 2006 Plaintiffs 2. A Conciliation Conference was held in this matter on June 29, 2010, with the following individuals in attendance: The Plaintiffs, Thomas A. Easley and Pamela S. Easley, with their counsel, Lee E. Oesterling, Esquire and the Mother, Alysha Nicole Murray, pro se and the Father, Stuart H. Rheingold, pro se. 3. The parties agreed to the entry of an Order in the form as attached. -~ 5-~0 Date ,~~ f .~ Jac eline M. Verney, Esquire Custody Conciliator