HomeMy WebLinkAbout02-5839COLIN EICHELBERGER,
Plaintiff
V.
COLBY BRANDT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
COMPLAINT FOR PARTIAL CUSTODY
COMPLAINT FOR PARTIAL CUSTODY
1. Plaimiff is Colin Eichelberger, who resides at 789 Hamilton Court, Carlisle,
Pennsylvania, 17013.
2. Defendant is Colby Brandt who resides at 161 Valley Drive, Carlisle, PA 17013.
3. Plaintiff seeks Partial Custody of his child, Mykenzie Elizabeth Eichelberger, who
resides with Defendant.
4. The child is the non-marital natural child of the Plaintiff and the Defendant.
5. The child, Mykenzie Elizabeth Eichelberger, was bom on October 31, 2001.
6. The child resided with the Plaintiff and the Defendant in Cumberland County since
her birth, until, on or about November 18, 2002, when the Defendant took the child
and left the joint home.
7. Accordingly Cumberland County is the "home county" of the child, Mykenzie
Elizabeth Eichelberger, and is the proper venue for this action. Pa. R.C.P. 1915.1, Pa.
R.C.P. 1915.2.
8. The relationship of the Plaintiff to the child is that of natural father. Although
Plaintiff's name does not appear on the child's birth certificate, neither the Defendant
nor the Plaintiff have ever denied the Plaintiff's paternity and indeed both have
openly acknowledged that Plaintiff is the natural father of the child, Mykenzie
Elizabeth Eichelberger.
9. Plaintiff has supported the child, Mykenzie Elizabeth Eichelberger, since birth and
desires to continue to nurture and support the child.
10. A support hearing with the parties is scheduled for January 7th at the Cumberland
County Domestic Relations Office.
11. The relationship of the Defendant to the child is that of natural mother.
12. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child, Mykenzie Elizabeth Eichelberger, in
this or any other court. Plaintiff has no information of a custody proceeding
concerning the child pending in any court of this Commonwealth or any other state.
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.
13. The best interest and permanent welfare of the child, Mykenzie Elizabeth
Eichelberger, will be served by granting the relief requested because it will allow the
child to have physical and emotional contact with her natural father, who wants to
participate in her upbringing and caring for her needs.
14. 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, Plaintiff requests the court to grant him partial custody of the child,
Mykenzie Elizabeth Eichelberger.
/Cot~sel for~he Plaintiff
John C. Porter, Esq.
Stephanie E. Chertok, R.N., Esq.
Pa Sup. Ct. ID# 52651
61 West Louther Street
Carlisle, Pennsylvania 17013
VERIFICATION
I verify that the statements made in this complaint are true and correct. I understand that
false statements made herein are subject to the penalties under 18 Pa. C. S. § 4904
relating to unsworn falsification to authorities.
Plaintiff
COLIN EICHELBERGER
PLAINTIFF
COLBY BRANDT
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02=5839 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, December 12, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before J_aequeline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 09, 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 l:,y 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 pe,manent 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/ ]acqueline M. Ven,ey, 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
at~end 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 Asseciation
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-31,66
JAN 1 6 ZOO3
COLIN EICHELBERGER,
Plaintiff
COLBY BRANDT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
._
: NO. 2002-5839 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
ORDER OF COURT
ANDNOW, this '7~ dayof ~ ,2003, upon
consideration of the attached Cus[ody Conciliation Report, i~s ordered and directed as
follows:
1. The Father, Colin Eichelberger and the Mother, Colby Brandt, shall have
shared legal custody of Mykenzie Elizabeth Eichelberger, born October 31,2001. 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 her health, education and religion. Pursuant to the
terms of this paragraph, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, school and medical records. 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.
2. Mother shall have primary physical custody of the Child.
3. Father shall have periods of partial physical custody as follows:
A. Up to 100 hours per month at times agreed by the parties in increments
of at least 8 hours. These times may include overnights.
B. Such other times as the parties agree.
4. The Christmas holiday shall be divided into two Blocks. Block A shall
run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall
run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Unless otherwise
agreed, Mother shall always have Block A; Father shall always have Block B.
5. Thanksgiving shall be shared such that Mother shall always have physical
custody of the Child from 9:00 a.m. to 3:00 p.m. and Father shall always have physical
custody from 3:00 p.m. to 9:00 p.m., unless otherwise agreed.
6. Easter shall be shared by the parties from 9:00 a.m. to 3:00 p.m. and 3:00
p.m. to 9:00 p.m. as agreed by the parties.
7. Mother shall have physical custody of the Child on Mother's Day; Father
shall have physical custody of the Child on Father's Day at times agreed by the parties.
8. Father shall have a block of time with the Child on the Child's birthday.
9. Father shall provide Mother at least 44 hours advance notice of his
exercise of his periods of partial physical custody. Mother shall acknowledge Father's
notice of exercising his periods of partial physical custody by return phone call.
10. Transportation shall be shared as agreed by the parties.
11. Neither party shall be in the Child's presence in an intoxicated condition,
nor permit third parties who are excessively intoxicated to be in the Child's presence.
12. Neither party will permit the child to be exposed to second hand smoke
or in a smoke filled environment.
13. The custodial parent shall advise the non-custodial parent of any medical
emergencies as soon as practicable after the emergency is resolved.
14. Neither party shall do nor permit a third party to do, or say anything that
would 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. The parties shall treat each other civilly during exchanges.
15. The parties shall always keep each other advised of their current addresses
and telephone numbers. In the event that the child is to be removed from the jurisdiction
on vacation or overnight visit, the custodial parent shall provide a telephone number and
address where the child can be reached.
16. This Order is entered pursuant to the agreement of the parties at a
Custody Conciliation Conference. The parties may modify the terms/~f~this Order by
mutual consent. In the absence of mutual consent, th~ ter,m~,~~ shall control.
BY coup!/
~' //~ ~ ~ j.
cc: John C. Porter, Esquire, for Father
Joan Carey, Esquire, Mid Penn Legal Services, for Mother
COLIN EICHELBERGER,
Plaintiff
COLBY BRANDT,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 2002-5839 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF
Mykenzie Elizabeth Eichelberger October 31,2001 Mother
2. A Conciliation Conference was held in this matter on January 15, 2003.
Present at the Conference were: Father, Colin Eichelberger, with his counsel, John C.
Porter, Esquire; and Mother, Colby Brandt with her counsel, Joan Carey, Esquire, Mid
Penn Legal Services.
3. The parties agreed to the entry of the Order attached.
Date
~Jacq{u~line M. Verney, Esquire
Custody Conciliator
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ~ SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which GMAC Mtg Coro is the grantee the same having been sold to said grantee
on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 8th day of may,
A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5938, at
the suit of GMAC Mtg Corp against Jackie A Keck aka Jack A & Tamie G is duly recorded in Sheriff's
Deed Book No. 259, Page 3347.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this 3a4k_ day of
(~,J~Y~.e,~ , A.D. 2003
79/~1~ t~ ~-~-~ ~ Recorder of Deeds
My Commission Expires tt~ First Monday of
GMAC Mortgage Corporation
VS
Jackie A. Keck a/k/a Jack A.
And Tami G. Keck
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-5938 Civil Term
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on June 5, 2003 at 8:33 o'clock PM, he served a true copy of the within Real Estate Writ,
Notice and Description, in the above entitled action, upon the within named defendant, to
wit: Jackie A. Keck a/k/a Jack A. Keck, by making known unto Jack Keck, personally, at
602 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents
and at the same time handing to him personally the said true and correct copy of the
salTle.
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on June 5, 2003 at 8:33 o'clock PM, he served a true copy of the within Real Estate Writ,
Notice and Description, in the above entitled action, upon the within named defendant, to
wit: Tami G. Keck, by making known unto Jack Keck, husband of defendant, at 602 East
Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the
same time handing to him personally the said true and correct copy of the same.
Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states
that on July 9, 2003 at 10:02 o'clock A.M., she posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Jackie A. Keck a/k/a Jack A. Keck and Tami G. Keck located at 602 East
Keller Street, Mechanicburg, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Jackie A. Keck a/k/a Jack A. Keck, by regular mail to his last
known address of 602 E. Keller Street, Mechanicsburg, PA 17055. This letter was
mailed under the date of July 3, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriffmailed a notice of the pendency of the action to one of the within
named defendants, to wit: Tami G. Keck, by regular mail to her last known address of
602 East Keller Street, Mechanicsburg, PA 17055. This letter was mailed under the date
of July 3, 2003 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for
the sum of $1.00 to Attorney Frank Federman for GMAC Mortgage Corporation. It
being the highest bid and best price received for the same, GMAC Mortgage Corporation
of 500 Enterprise Road, Suite 150, Horsham, PA 19044, being the buyer in this
execution, paid to Sheriff R. Thomas Kline the sum of $775.52.
Sheriffs Costs:
Docketing $30.00
Poundage 15.21
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 15.18
Levy 15.00
Surcharge 30.00
Law Journal 270.05
Patriot News 235.18
Share of Bills 28.90
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$ 775.52
Sworn and subscribed to before me
This $~ dayof ~iSW-d,o~
2003, A.D. Q_~., ~ '~)u).b~ ,c0/~'
Pr6thonotary
R. Thomas Kline, Sheriff
B ':
GMAC MORTGAGE CORPORATION
Plaintiff,
JACKIE A. KECK A/K/A JACK A. KECK
TAMI G. KECK
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 02-5938
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at ,602 EAST KELLER STREET,
MECHANICSBURG, PA 17055.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JACKIE A. KECK A/FdA JACK A. KECK 602 EAST KELLER STREET
MECHANICSBURG, PA 17055
TAMI G. KECK 602 EAST KELLER STREET
MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Nalne
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CITY LENDING SERVICES, AN LPO OF
CITY NATIONAL BANK OF WEST
VIRGINIA, A NATIONAL BANKING
ASSOCIATION
17782 SKYPARK CIRCLE
IRVINE, CA 92614
5. Name and address of every other person who has any record lien on the property:
Narfle
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Salne
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in
the property which may be affected by the sale:
SalBe
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
602 EAST KELLER STREET
MECHANICSBURG, PA 17055
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
May 7, 2003
DATE
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
GMAC MORTGAGE CORPORATION
Plaintiff,
JACKIE A. KECK A/FdA JACK A. KECK
TAMI G. KECK
Defendant(s).
TO:
JACKIE A. KECK A/K/A JACK A. KECK
602 EAST KELLER STREET
MECHANICSBURG, PA 17055
CUMBERLAND COUNTY
No. 02-5938
May 7, 2003
TAMI G. KECK
602 EAST KELLER STREET
MECHANICSBURG, PA 17055
**THIS FIRM1SA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY,RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. **
Your house (real estate) at, 602 EAST KELLER STREET, MECHANICSBURG, PA 17055,
is scheduled to be sold at the Sheriffs Sale on 9/3/03 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $132,218.83
obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the
sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: ¢215) 563-7000.
You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You may
find out the price bid by calling (215~ 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This
schedule will state who will be receiving that money, The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriffwithin ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
ALL THAT CERTAIN piece or parcel of land situate in the Bor(~ugh of Mechancisburg,
Cumberland Co., Pennsylvania, more particularly bounded and described~ as follows, to wit:
BEGINNING at a point on the Southern line of Keller Street (50 feet wide) said point being the
dividi/ag line between Lots Nos. 31 and 32, Section 'H," on the hereinafter mentioned Plan of
Lots; thence Eastwardly along the Southern llne of Keller Street, a distance of '/8.22 feet to Lot '
No. 33, Section H; thence South 5 degrees 17 minute~ East, a distance of 135.99 feet to a Lot No.
13 on said Plan; thence along said Lot No. 13; South 88 deg~:.ees 3 minutes West a distance of '
33.87 feet to a p,oint; thence along Lot No. 12, South 74 degrees 25 minutes 30 seconds West a
distance of 17.64 feet to LOt No. 31, Section I-I; thence North 1.8 degrees 55 minutes West, a
distance of 131.83 feet to the Southern line of Kell.er Street, the place of BEGINNING.
BEING L?t No. 32, Section H in the Plan of Blackburn Village, as recorded in the Cumberland
Co. Recorder's Office in Plar~ Book 7, Page 7.
HAV'IN~ THEREON ERECTED a single frame dwelling houae known .as No. 602 East Keller
Street, Mechanicsburg, Pennsylvania. ~ '7o 5S
TAX PARCEL # 17-23-0563-075
TITLE TO SAID PREMISES IS VESTED IN Jackie A. Keck and Tami G. Keck, his wife by
Deed from Mark P. Widoff and Janet C. Widoff, his wife, dated 4/30/1998 and recorded 5/4/1998
in Deed Book 176, Page 598.
WRIT OF EXECUTION, ahd/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-$938 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s)
From JACKIE A. KECK, AfK3A JACK A. KECK AND TAMI G. KECK, 602 EAST KELLER
STREET, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the prope~ of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a ~mmed garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $132,218.83 L.L. $.50
Interest FROM 4/16/03 TO 9/3/03 (PER DIEM - $21.73) - $3,063.93 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $132.90 Other Costs
Plaintiff Paid
Date: MAY 8, 2003
(Seal)
CURTIS R. LONG
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
Real Estate Sale # 24
On May 15, 2003 the sherifflevied upon the
defendant's interest in the real property situated in
Mechanicsburg Borough, Cumberland County, PA
known and numbered as 602 East Keller Street,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 15,2003 By: j0c'~/,~
Real Estate Deputy
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
UnderAct Nc. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th
day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors cf the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
S A L E #24
o(~d subscrit ore m..e:~ 13th day of~u'~t.~3 A.D.
I~ss~'~--a~J~ ' ~)aufy~n Cax~-~ ~ ~ xr~~J NOTKRY PUBLIC
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 233.43
$ 1.75
$ 235.18
No, lJ on hid Ftan; tht~c ..a~_ ~d l. ot No
-~-~~,~:~2~ Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and ce~ifies that the same have
been duly paid.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JULY 18, 25, 2003 AUGUST 1, 2003
Writ No. 2002 5938 Civil
GMAC Mortgage Corporation
VS.
Jackie A. Keck, a/k/a
Jack A. Keck and
Tami G. Keck
Atty.: Frank Federrnan
ALL THAT CERTAIN piece or
parcel of land situate in the Borough
of Mechancisburg. Cumberland Co.,
Pennsylvania, more parUcularly
bounded and described as follows.
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are tree.
REAL ESTATE SALE NO. 24~~. ~~~~ ~ /~/
1 dayof AUGUST, 2003
COLIN EICHELBERGER,
Petitioner
Ye
COLBY BRANDT,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
NO. 02-5839 CIVIL ACTION LAW
IN CUSTODY
PETITION FOR CONTEMPT
The Petition of Colin Eichelberger respectfully represents:
1. That on January 23, 2003, Judge Edgar B. Bayley entered an Order awarding
Petitioner partial custody of the minor child, Mykenzie Elizabeth Eichelberger
(D.O.B. 10-31-01). A true and correct copy of the Order is attached to this Petition.
2. Since the entry of Judge Bayley's Order, Respondent has willfully failed to obey the
Order as follows:
a) On, or about, December 28, 2004, Respondent informed
Petitioner that she would be moving and that she would not
be informing Petitioner of her and the minor child's new
address or telephone number, as she is required to do by
Judge Bayley's Order.
b) On the same day, Respondent informed Petitioner that he
would never see his child again.
c) Soon after that day, Petitioner, through his independent
investigation, obtained Respondent's telephone number.
d) Petitioner then made telephone contact with the Respondent
on several occasions in order to arrange a period of partial .
custody, wherein Petitioner would be able to spend time
with his Daughter.
e) Each and every one of these times that Petitioner made
contact with Respondent regarding periods of partial
custody of his Daughter, Petitioner did not harass or
threaten the Respondent.
f) Each and every one of these times that Petitioner made
contact with Respondent regarding periods of partial
custody of his Daughter, Petitioner afforded Respondent 44
or more hours notice of the desired period of partial
custody, as required by Judge Bayley's Order.
g) Each and every one of these times that Petitioner made
contact with Respondent regarding periods of partial
custody of his Daughter, Respondent failed to give
Petitioner a legitimate reason why Petitioner's Daughter
would not be made available.
h) Each and every one of these times that Petitioner made
contact with Respondent regarding periods of partial
custody of his Daughter, Petitioner was told that he could
not see his daughter.
i) In addition, Respondent has failed to share the minor
child's medical records or information with the Petitioner,
as required by Judge Bayley's Court Order.
j) Respondent's actions constitute obstruction of Petitioner's
periods of custody with his child and estrangement of the
child from her Father.
3. Petitioner's Attorney, through his own independent investigation has ascertained
Respondent's current address and has used this address to achieve service of process
of this Petition.
WHEREFORE Petitioner prays this Court to adjudge Respondent in Contempt and to
Order Respondent to reimburse Petitioner for his legal expenses which were made
necessary by her own contemptuous conduct.
~/John C. Porter
Attorney for Petitioner
PA Sup. Ct. ID//90152
61 W. Louther St.
Carlisle, PA 17013
717-249-1177
VERIFICATION
I verify that the statements made in this petition are tree and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904
relating to unswom falsification to authorities.
Date
Petitioner, C~lin Eichelberger
CERTIFICATE OF SERVICE
I, John C. Porter, Counsel for Colin Eichelberger, hereby certify that on this
~f, ¥~ day of ~.^ ua.n' q ,2004, a copy of the Petition for Contempt
I
directed to Respondent, Colby Brandt, was served upon the Respondent by First Class
Mail, to Respondent's current address:
#147
47 Betty Nelson Court
Carlisle, PA 17013
John C. Porter
Counsel for Petitioner
PA Sup. Ct. ID# 90152
61 W. Louther St.
Carlisle, PA 17013
717-249-1177
JAN 1 6 Z O3'
COLIN EICHELBERGER,
Plaintiff
V.
COLBY BRANDT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002-5839 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
ORDER OF COURT
ANDNOW, this -23.~x day of ~,.~?
consideration of the attach~-~ ~uustody Con6iliation t~eport,
follows:
,2003, upon
it is ordered and directed as
1. The Father, Colin Eichelberger and the Mother, Colby Brandt, shall have
shared legal custody of Mykenzie Elizabeth Eichelberger, bom October 31, 2001. 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 her health, education and religion. Pursuant to the
terms of this paragraph, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, school and medical records. 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.
2. Mother shall have primary physical custody of the Child.
3. Father shall have periods of partial physical custody as follows:
A. Up to 100 hours per month at times agreed by the parties in increments
of at least 8 hours. These times may include overnights.
B. Such other times as the parties agree.
4. The Christmas holiday shall be divided into two Blocks. Block A shall
run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall
mn from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Unless otherwise
agreed, Mother shall always have Block A; Father shall always have Block B.
5. Thanksgiving shall be shared such that Mother shall always have physical
custody of the Child from 9:00 a.m. to 3:00 p.m. and Father shall always have physical
custody from 3:00 p.m. to 9:00 p.m., unless otherwise agreed.
6. Easter shall be shared by the parties from 9:00 a.m. to 3:00 p.m. and 3:00
p.m. to 9:00 p.m. as agreed by the parties.
7. Mother shall have physical custody of the Child on Mother's Day; Father
shall have physical custody of the Child on Father's Day at times agreed by the parties.
8. Father shall have a block of time with the Child on the Child's birthday.
9. Father shall provide Mother at least 44 hours advance notice of his
exercise of his periods of partial physical custody. Mother shall acknowledge Father's
notice of exercising his periods of partial physical custody by return phone call.
10. Transportation shall be shared as agreed by the parties.
11. Neither party shall be in the Child's presence in an intoxicated condition,
nor permit third parties who are excessively intoxicated to be in the Child's presence.
12. Neither party will permit the child to be exposed to second hand smoke
or in a smoke filled environment.
13. The custodial parent shall advise the non-custodial parent of any medical
emergencies as soon as practicable after the emergency is resolved.
14. Neither party shall do nor permit a third party to do, or say anything that
would 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. The parties shall treat each other civilly during exchanges.
15. The parties shall always keep each other advised of their current addresses
and telephone numbers. In the event that the child is to be removed from the jurisdiction
on vacation or overnight visit, the custodial parent shall provide a telephone number and
address where the child can be reached.
16. This Order is entered pursuant to the agreement of the parties at a
Custody Conciliation Conference. The parties may modify the terms of this Order by
mutual consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
cc: John C. Porter, Esquire, for Father
Joan Carey, Esquire, Mid Penn Legal Services, for Mother TRLJE
In
a~ fha ~ o! saki CoAt
t ~ ~hon~r~
COLIN EICHELBERGER,
Plaintiff
V.
COLBY BRANDT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2002-5839 CIVIL TERM
CIVIL ACTION ~ LAW
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 intbrmation concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Mykenzie Elizabeth Eichelberger October 3 l. 2001 Mother
2. A Conciliation Conference was held in this matter on January 15.2003.
Present at the Conference were: Father, Colin Eichelberger, with his counsel, John C.
Porter, Esquire; and Mother, Colby Brandt with her counsel, Joan Carey, Esquire, Mid
Penn Legal Services.
3. The parties agreed to the entry of the Order attached.
l- lC, -o 3
Date
~acq~line M. Vemey, Esquire
Custody Conciliator
COLIN EICHELBERGER
PLAINTIFF
V.
COLBY BRANDT
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
02-5839 CIVIL ACTION LAW
:
: IN CUSTODY
ORDER OFCOURT
AND NOW, Thursday, February 05, 2004 , 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 4thFloor, Culnberland County Courthouse, Carlisle on Wednesday, February. 25,2004 at 3:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort w/ll 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: /s/ ]acqueline M. Vern~. 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
COLIN EICHELBERGER,
Petitioner
COLBY BRANDT,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
NO. 02-5839 CIVIL ACTION LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, John C. Porter, Counsel for Colin Eichelberger, hereby certify that on this
~+~ day of ~'e,~,~,~-~/ ,2004, a copy of the Court Order setting a
Conciliation Conference for February 25, 2004 at 3:30 P.M., directed to Respondent,
Colby Brandt, was served upon the Respondent by First Class Mail, to Respondent's
current address:
#147
47 Betty Nelson Court
Carlisle, PA 17013
Jc°ohunn sC~l ~ rr t;; t it i on er
PA Sup. Ct. ID# 90152
61 W. Louther St.
Carlisle, PA 17013
717-249-1177
COLIN EICHELBERGER,
Plaintiff
V.
COLBY BRANDT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002-5839 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this day of ~ ,2004, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Petition for Contempt is denied.
and effect.
The prior Order of Court dated January 23, 2003 shall remain in full force
3. This Order is entered pursuant to the agreement of the parties at a Custody
Conciliation Conference. The parties may modify the terms of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
cc: John C. Porter, Esquire, for Father
Colby Brandt, pro se
47 Betty Nelson Court
Lot 147
Carlisle, PA 17013
COLIN EICHELBERGER,
Plaintiff
V.
COLBY BRANDT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
;
: 2002-5839 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, 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
Mykenzie Elizabeth Eichelberger October 31,2001 Mother
2. A Conciliation Conference was held in this matter on February 25, 2004.
Present at the Conference were: Father, Colin Eichelberger, with his counsel, John C.
Porter, Esquire; and Mother, Colby Brandt, pro se.
3. The Honorable Edgar B. Bayley entered a previous Order of Court dated
January 23, 2003 providing for shared legal custody, Mother having primary physical
custody and Father having up to 100 hours per month of partial physical custody. Father
filed a Petition for Contempt when Mother moved and did not provide a new telephone
number, address and denied periods of custody temporarily. Since the time when the
Petition was filed, Father's 'eriods o
r ~pat uat physical custody nave resumed.
4. The parties agreed to the entry of the Order attached.
Date
S6cq~line M. Verney, Esquire
Custody Conciliator