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HomeMy WebLinkAbout07-4834OM ~' LITLILAKIS Kara W. Haggerty, Esquire Attorney LD. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 KIRK and NANCY PERKINS, Plaintiffs v. DANIEL EICHELBERGER and, HEATHER EICHELBERGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. CIVIL ACTION -LAW IN CUSTODY COMPLAINT 1. 2. 3. 4. 5 Plaintiffs are the Paternal Grandmother, Nancy S. Perkins, and Paternal Step- Grandfather, Kirk A. Perkins, who currently reside at 6030 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. Defendant, Daniel L. Eichelberger, is the Father and he currently resides at 216 Stoner Drive Extension, Apartment D, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant, Heather N. Eichelberger, is the Mother and she is believed be incarcerated in St. Mary's, Georgia. The Plaintiffs have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. The Plaintiffs seek custody of the following child: Name Address DOB Douglas L. Eichelberger 6030 Creekview Road June 2, 2004 Mechanicsburg, PA 17050 7. The child was born during wedlock. 8. The child is presently in the custody of the Plaintiffs. 9. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Nancy and Kirk Perkins Heather Eichelberger Address 6030 Creekview Rd., Mechanicsburg, PA Unknown address in Georgia Date August 2, 2007 to Present Birth to August 2, 2007 10. The Paternal Grandparents of the child are Nancy and Kirk Perkins, who currently reside at 6030 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania. 11. The Father of the child is Daniel L. Eichelberger, who currently resides at 216 Stoner Drive Extension, Apartment D, Mechanicsburg, Cumberland County, Pennsylvania. 12. The Mother of the child is Heather N. Eichelberger, who is believed to be incarcerated through the Camden County Sheriffs Department in Woodbine, Georgia. 13. The mother and father of the child are not married. 14. The relationship of Plaintiffs to the child is that of Paternal Grandparents. 15. The relationships of Defendants to the child are that of Father and Mother. 16. The Plaintiffs currently resides with the following people: themselves and the minor child. 17. The Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court; however, there is a Settlement Agreement that is filed pursuant to the Divorce Action in The Superior Court of Camden County, State of Georgia, at Docket No. 06V0789. a. The Settlement Agreement provides Mother and Father shared legal custody. b. The Settlement Agreement provides Mother permanent physical custody and control, and Father reasonable rights of visitation with the child, apart from the marital residence, and at reasonable times. c. A copy of the Settlement Agreement, signed by the parties but not the Court, is attached hereto as `Exhibit A'. 18. The Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 19. The Plaintiffs do not know of a person nor 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. a. Plaintiffs are seeking physical and legal custody of the minor child pursuant to 23 Pa.C.S. ~ 5313(b). b. The Court of Common Pleas of Cumberland County, Pennsylvania have jurisdiction over this matter pursuant to 23 Pa.C.S. ~ 5421, relating to initial child custody determination, and 23 Pa.C.S. ~ 5424, relating to temporary emergency jurisdiction, in that: i. Georgia does not have exclusive jurisdiction as there is a settlement agreement but no Court Order regarding custody; ii. The child, the child's Father, and the Paternal Grandparents have a significant connection with this Commonwealth; iii. Substantial evidence is available in this Commonwealth concerning the child's care, protection, training and personal relationships; iv. The child has been abandoned by his mother due to her incarceration and inability to assume physical custody of the child. 20. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Paternal Grandparents have been the primary caretakers of the child since he has been residing in Pennsylvania. b. The Paternal Grandparents will be able to ensure for the child's safety. c. The Paternal Grandparents will be able to provide a stable home for the child. d. The child has a psychological bond with his Paternal Grandparents. e. The Paternal Grandparents can provide for the child both financially and emotionally. f. The Paternal Grandparents can immediately provide the child with the basic day-to-day necessities. g. Mother is unable to care for the child as she is presently incarcerated in St. Mary's, Georgia for felony conspiracy to commit forgery charges. h. Mother has failed to provide Father with a home address since he has been residing in Pennsylvania. i. Father had relocated to Pennsylvania in March 2007 to be near his family and to become more financially stable. j. Father is unable to financially support his son at the present time. k. It is believed and therefore averred that Father will concur with Paternal Grandparents request for legal and physical custody of his son. 21. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. i~HEREFORE, the Plaintiffs request that this Court award legal and physical custody of the child to them, with rights of visitation being granted to Father and Mother at such times as agreed upon by the parties. Respectfully submitted, Aso~r ~ SUT'tJZ.~xrS, L.L.P. D.~~ ov ~5 0 ~~.Gv Kara W. Haggerty, Ela~~i' e Surreme Court ID: $ 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaint~.r IN THE SUPERIOR COURT OF CAMDEN COUNTY STATE OF GEQRGIA ,` ~ S,s DANIEL L. EICHELBERGER ) 1 ~ ) Plaintiff, ) ) tt~ ~' 0'79 vs. ) CNIL ACTION NO.~~ HEATHER N. EICHELBERGER, ) Defendant. ) SUMMOI'~S TO THE ABOVE NAMED DEFENDANT: Youx are hereby summoned and required to file with the Clerk of said Court and serve upon the Plaintiff's attorney, whose name and address is: Andrew A. Taylor 1891 Highway 40 East, Suite 1101 Kingsland, G~ 31548 An answer to the complaint which is herewith served upon you, within thirty (30) days after service of this summons upon you, exclusive of the date of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. This ~~ day of , 2006. Clerk of Camden Superior Court ;1ncJrew A. Ta~tor lttornw ~~ Counselor at t.sw P. t~). fiox X01(1 ~t. ~i~rn<. (;;1 3153 ~, (yi<) b73-ht?~77 I B ~ eputy Clerk f I I l IN THE SUPERIOR COURT OF CAMDEN COUNTY STATE OF GEORGIA. DANIEL L. EICHELBERGER, ~ ~ Plaintiff, vs. CIVIL ACTION NO. HEATHER N. EICHELBERGER, Defendant. COMPLAINT FOR DIVORCE COMES NOW, the Plaintiff, DANIEL L. EICHELBERGER, and files this, his claim for divorce against the Defendant, HEATHER N. EICHELBERGER, and states as follows: 1. Plaintiff is a resident of Camden County, Ge~prgia, and the plaintiff has been a resident 1 of the State of Georgia and Camden County for six (6} months prior to the date of filing this complaint. Defendant is a resident of Camden County, Georgia. 2. The Plaintiff and Defendant were lawfully married on July 19, 2003. 3. The parties separated on or about June 15, 2006 and since that date have continuously lived in a state of separation. 4. lndre~~• A_ Ta~•lor \~torney & C'ounsca~~r at I.sw P. (?. R~~~ 501 ~ ;t. Mans. C;~1 3i5~8 (912)673-b097 The Plaintiff is entitled to a divorce from the Defendant on the grounds that the marriage is irretrievably broken as defined by the lauds of the State of Georgia. 1 ~ 5. There is one minor child of the marriage whose name is DOUGLAS L. EICHELBERGER, whose date of birth is June 2, 2004. 6. The parties have entered into a written agreement that provides for a division of the marital assets and custody of the minor child and which is filed herewith. WHEREFORE, Plaintiff respectfully prays: (a) That he be awarded anc~ total divorce from the Defendant; (b) That the within written settlement agreement resolving all of the issues of the parties be adopted and approved by the Court and made an order along with the final Decree of Divorce. ._-~--- ._ ~ ~~-- ANDREW A. TAYLO Attorney for Plaintiff tJeorgia Bar No: 699450 t ! Andrew A, T'avlor 1ttc~rney & Counselor at t.aw N. E). CiaK 5010 a. ~4ur~'s. GA 3 i iSS (91?lbi3-b097 IN THE SUPERIOR COURT OF CAMDEN COUNTY STATE OF GEORGIA DANIEL L. EICHELBERGER, Plaintiff, ~) vs. ~ ) CIVIL ACTION NO. HEATHER N. EICHELBERGER, ) Defendant. } VERIFICATION Personally appeared before the undersigned, an officer duly authorized by law to :~nc~rew A. ~Ca}~(or lttorne~ & C'uun,einr at Law P. O. I3ox X01 f! ~t. ~Im~~s. U:1 3158 19I2)b73-h497 administer oaths, DANIEL L. EICHELBERGER, Plaintiff herein, who being duly sworn states under oath that the facts set forth in the foregoing Complaint are true and correct. Dated this 7 day of Sworn to and sub crib d before me ~ . ~ ~ ~ I I ~ ~ ~ this r l day of , 2006. ~~~`~~~t.~.A a. $'''~, ~~\ P`' X10 7'.q ~' ~f"'y `~r_ ~ ~ = " _ -~ :~' 4 Notary blic ,~ ~ ~,t,' : = .` ~,~, ~1 ; pl .~Y, t~~"~~~\\ ~ , ~'!!lill~~` ~ ~ ~ ~ IN THE SUPERIOR COURT OF CAMDEN COUNTY STATE OF GEORGIA DANIEL L. EICHELBERGER, ) Plaintiff, ) vs. ) CIVIL ACTION NO. HEATHER N. EICHELBERGER, ) Defendant. ) ACKNOWLEDGEMENT OF SERVICE AND WAIVER OF PROCESS The undersigned Defendant, in the above styled action, hereby acknowledges personal service of the Summons and Complaint for Divorce; and further agrees and consents to the jurisdiction of the Superior Court of Camden County, State of Georgia, and requests that said action be tried and the Final Decree taken before a Judge of the Superior Court of Camden County, Georgia, without intervention of a jury, at any time after the expiration of thirty-one (31) days from the date of the filing of the Complaint for Divorce and this Acknowledgement of Service and Waiver of Process, which may be set down by the Court for trial until disposed of by Final Decree, either in the Superior Court of said county and state or any other Superior Court within the Brunswick Judicial Circuit. Defendant hereby expressly waives all other and further notice of date, time and place of trial. The Defendant acknowledges that the marriage between the parties is, in fact, ,lndrew A. Taylor ~th~me~~ ~~. Counselor .~t LaFv N. (). Box 5010 ;r, ti1arvs, G~1 31558 0112) 673-6t>y7 irretrievably broken, and there is no chance for reconciliation, and each pasty desires a divorce from the other party. __ ,~ Dated this !~_ day of ~~ .a ~. L , 2006. f~ndrew A. "t'avlor \ttc~rnev ~. C~~unselc~r a[ l.aw P. l ). F3ox g0I 0 a. 4L•tr~s, Ci;1 3155$ (9!2)673-6097 -e ~~ c~c.-L~t-Lc_.\ ill . ~, C~~t~.~ ~, ' •~1 "~ It1EAEfHER N. EICHELBERGER Sworn to and subscribed before me this _day of t , 2006. l~~ ~ ~ . Notary P lic \,~\,\111ri:~~,~~ `~~ P~~x~ta, n, ep`~,~~~ '~OTq;9• y~ , ` ,~''• •-~ ~7 ~ MY i;cnrr r ~a U~k~:,Q~ ~ `xAtrNg i ~: ~~ ~ 4, 20Q7 `'%; G~{N Tel, ~a ~~~~ r~~f/11111\\ 1 ~ IN THE SUPERIOR COURT OiE CAMDEN COUNTY STATE OF GEORGIA DANIEL L. EICHELBERGER Plaintiff, vs. HEATHER N. EICHELBERGER, Defendant. CNIL ACTION NO. ,1 1 STIPULATION COMES NOW each of the respective parties to the above-styled action and hereby acknowledge, stipulate and consent as follows:) ~ 1. That the undersigned are respectively Plaintiff and Defendant in the above case, are husband and wife, and are now living in a bonafide state of separation. 2. a ~~ :lndrew A. Tavlor ~ ~ ~tk>rnev & Counselor at Law P. O. Ros ~U 10 j j a. l~lan~s. GA 31 ~ ~3 ,i (y 12) 673-bG97 ~ ~ ~i The above-styled divorce action was filed on t:he day of , 2006, and was personally served upon the Defendant or the Defendant acknowledged service in writing on the ~ day of ~ .~ G .. _, 2006. 3. The marriage between the parties is, in fact, irretrievably broken, there is no chance for reconciliation, and each party desires a divorce from the other party. 4. Each of the undersigned parties have conferred, or have had the opportunity to confer, t ~ with legal counsel of that party's choice. IN THE SUPERIOR COURT OF CAMDEN COUNT STATE OF GEORGIA DANIEL L. EICHELBERGER t ~ Plaintiff, vs. HEATHER N. EICHELBERGER, Defendant. CIVIL ACTION NO. SETTLEMENT AGREEMENT WHEREAS, DANIEL L. EICHELBERGER (the husband) and HEATHER N. EICHELBERGER (the wife) are married but are now living in a state of separation; and WHEREAS, the husband has filed an action for divorce against the wife in the Superior Court of Camden County, Georgia; and WHEREAS, the parties have defined ~heia~ respective rights and obligations with respect to custody and visitation of their minor child, alimony, child support and a division of their assets and so forth; and NOW THEREFORE, in consideration of the mutual promises and benefits accruing to each of the parties, IT IS AGREED AS FOLLOWS: 1. Both the husband and wife shall have joint legal custody of the minor child, namely, 1ndrew .~. Tavlor ttumey ~& Counselor at I aw P. () Buy ~p10 1912)ti73-6Q97 DOUGLAS L. EICHELBERGER, whose date of birth is June 2, 2004, with the wife having permanent physical Custody and control of the minor child. The husband shall have reasonable rights of visitation with the child, apart from the maa-ital residence, and at reasonable times. 2.. the following manner: the husband shall pay the sum of $640.00 per month. The husband agrees to continue to pay said sums until said child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child become 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. Child support payments will be due on July 15, 2006 and continuing to come due on the 15`" day of the month. The husband's gross monthly income is $34 73.00 a month. Seventeen percent (17%) is 1 ~ $640.00 per month. The wife's gross income is $ 0.00. The husband shall pay child support in 3. The husband shall maintain health insu~range benefits on the child through the military, or any subsequent civilian job he may have in the future, with the deductible being split equally between the parties. 4. All household furniture and personal property is divided among themselves. The Big \ndr~w A. "f avior 1f~7met- cE Counsel~~r at Law (91 ?) ti t3-b(19 7 Screen TV, Printer and X Box is awarded to Husband, all other Furniture and Furnishings to wife. 5. ~! ~ ~ ,~ t ! As a division of marital property, the husband shall maintain sole possession, custody and control of the 1996 Ford F-150. The husband shall be responsible for the payments to Navy Federal Credit Union, taxes, insurance and any other fees in connection to this vehicle. 6. As a division of marital property, the wife shall maintain sole possession, custody and control of the 2001 Ford Focus. The wife shall be responsible for the payments to Navy Federal Credit Union, taxes, insurance and any other fees in connection to this vehicle. The husband shall execute the title to the wife when th~ car is paid. 1 7. The 1989 Wellcraft Boat is to be sold and after payment of the debt to Navy Federal Credit Union any profit if any, to be divided equally, any deficiency to be paid by husband. 8. Plaintiff is awarded any and all Personal Injury proceeds from his Motorcycle accident, should any he receive any, except he shall payoff the balance on 2001 Ford Focus. Plaintiff will be responsible for paying the indebtedness on the; motorcycle, if any. 9. The house at 80 Debbie Street is to be sold. P~uties will place the house on the market Andrew A. Tavlor ttc~rncv ~~ Counselor 1[ I_aw P. U. Fiox j01 Q I. til:uys, Gr1 31 i~$ (9121 h73-fiU97 when plaintiff returns from Iraq. In the meantirpe the wife shall have use and possession of the house for her and the child's residence until it is sold, the proceeds of the sale to be divided equally after deduction for real estate commission and other expenses of sale. i0. Each party waives and relinquishes any claim ghat each may have against the I II ' other for alimony. The wife waives and relinquishes any claim she may have to the husband's military retirement benefits or any other benefit. 11. Except as specifically provided herein, no modification or waiver of the terms of this agreement shall be made except with the express, written consent of the other party. Each party hereby waives any past, present or future claim or right which he or she may have against the other party. The wife specifically waives her claim to husband's military retirement benefit. 12. It is expressly understood that this agreement does not obligate the parties to continue to live in a state of separation or to proceed with action for divorce. However, in the event that either party shall bring or maintain an action for dissolution of the marital relationship, or for separate maintenance, this agreement shall be presented to the Court and incorporated by reference into any judgment or decree concerning the matters provided herein. Notwithstanding such incorporation, this agreement shall survive and become enforceable inde endentl f th d ent r ecree f p y o e ~u gm o d ~ {I ~I ~I 1 1n~irew ~1. 'I'a~~lor ~ j itnrne~ & Counselor ~ aI 1.1W N. c ). fiox ~0l0 ( I 1l:~ns.G;1 ;I~:Q i~ (yl2- b73-6(ly7 j A; I~ ii ~I~ I ~ ~ IN WITNESS WHEREOF, the parties have ;signed their names and affixed their seals to this agreement this ~ ~ day of ,J-- - - ~ , 2006. / % ~- __.. DANIEL j, HELBERGER Sworn to and subscribed before me t~x~ ~'A t~~. I ~R yq~ ~f,~~ da of ~ 20{l~p~AR j;~ f , J_ Y My GDlnfn Expiras {~ _ n r::~:ktHr ;:4..:007 Notary bhc - • ... ~ - ~i {~~Jt.~P1~'~, t,~~ ~~~~~r~i~~! ~~ , HEATHER N. EICHELBERGER Sworn to and subscribed before me this day o , 2006. ~ ~~~ ~E~,A p• g~ iii Notary lIC = ~ '~Y t-`'~mn'. F~pires Y Gctuoer ?a. 2Q(}7 Q •C'?, ~~c~ '~f_~$ LAG , ' ~ ~~ lndre~i A. Taylor itornev ~C Couns~l~~r at I.aw N. Ci. Rai ~O 1 Q i. ~~(arys. Grp 31 ~~S lyl2)673-6Q97 IN THE SUPERIOR COURT OF CAMDEN COUNTY STATE OF GE'~ORGIA i ~ ) Plaintiff, ) } vs. ) CIVIL ACTION NO. HEATHER N. EICHELBERGER, } Defendant. ) DANIEL L. EICHELBERGER, FINAL JUDGMENT AND DECREE Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles. It is considered, ordered and decreed ley the court that the marriage contract heretofore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into. Petitioner and Respondent in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract whatsoever and both shall have the right to remarry. The wife shall have legal custody of the minor child with the wife having permanent \nJrcw ~\. favli~r ,tturne} ~~ Counselor at Law P. O. Ros X010 I x)12) 673-6097 physical custody and control of the minor child. The husband shall have reasonable rights of visitation with the child at reasonable times. ~ ~ The husband shall pay child support in the follo~~ving manner: the husband shall pay the sum of $640.00 per month. The husband agrees to continue to pay said sums until the child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. Child support payments will be due on the first day of each month beginning July 15, 2006. t The Court has considered the existence of special circumstances and has found the following special circumstances marked with "X" to be present in this case: 1. Ages of the children 2. A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available 3. Educational costs 4. Day-care costs 5. Shared physical custody arrangement;~, including extended visitation 6. A party's other support obligations to another household 7. Income that should be imputedtito arparty because of suppression of income 8. In-kind income for the self-employed, such as reimbursed meals or a company car 9. Other support a party is providing or will be providing such as payment of a lndre~~~ ~1. ~favior tt«rnev & l:'a~tnstl~x at Law }'. O. Bux j01Q t. Riau y. Ci:\ 31~~Y t 9121673-6(197 10. A party's own extraordinary needs, such as medical expenses 11. Extreme economic circumstances including but not limited tv: (A) Unusually high debt structure; or (B) Unusually high income of either party or both parties, which shall be construed as individual gxoss income of over $75,000.00 per annum 12. Historical spending in the family for chhildren which varies significantly from the percentage table 13. Considerations of the economic cos-of-living factors of the community of each party, as determined by the trier~of actt 14. In-kind contribution of either parent 15. The income of the custodial parent 16. The cost of accident and sickness insurance coverage for dependent children included in the order 17. Extraordinary travel expenses to exerci:se visitation or shared physical custody 1 S. Any other factor which the trier of fact deems to be required by the ends of justice, as described below: Having found that no special circumstances exist in this case, the Court herein sanctions and approves the Settlement Agreement between the parties dated __ ~ (_~____~ , 2006 and incorporates said agreement into this Final ~7ec1`ee. Decree and Order entered this day of 2006. Judge, Camden County Superior Court Brunswick Judicial Circuit ~sidre~~ A. "t'avlor ttc~rnev & Counselor at Law F>. t~_ r~~.;oto Mans, C;:1 31 ~~$ (912) ti73-6(?97 Order prepared by: Andrew A. Taylor 1891 Hwy 40 East, Suite 1101 Kingsland, GA 31548 912-673-6097 1 ~ VERIFICATION PURSUANT TO Pa.R.C.P. 1024(c) Kara W. Haggerty, Esquire, states that she is the attorney for the party filing the foregoing document; that she makes this affidavit as an attorney, because the party she represents lacks sufficient knowledge or information upon which to make a verification and/or because she has greater personal knowledge of the information and belief than that of the party for whom she makes this affidavit; and/or because the party for whom she makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: O~I ~r~- ID^] KIRK and NANCY PERKINS, Plaintiffs v. DANIEL EICHELBERGER and, HEATHER EICHELBERGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. CNIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 15TI~ day of August, 2007, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendants by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Darnel L. Eichelberger 216 Stoner Drive Extension, Apt. D Mechanicsburg, PA 17055 Pro Se Defendant Heather N. Eichelberger c/o Camden County Sheriff s Department AT'IN: Major Procter P.O. Box 699 Woodbine, Georgia 31569 Respectfully submitted, Abom ~ Kutulakrs, L.L.P. l~z~u~ fl~iut~L- Kara W. Haggerty, E Attorney ID No. 86 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 "'~ y ~- r - •'~ 1' .~' ~` r ~ t~cl ~ ( ,,, 1„ - Fal` ~,r ~~ ~ : ~.- z . '. ~ ~ti! ~' ~[ _ '^~ ,~ e _ ABOM ~' ICLITLILAKIS Kara W. Haggerty, Esquire Attorney I.D. No.: 86914 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 DIRK and NANCY PERKINS, Plaintiffs `T. DANIEL EICHELBERGER and, HEATHER EICHELBERGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. CT~'IL ACTION -LAW IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: PETITION FOR SPECIAL RELIEF AND NOW, this 15TH day of August, 2007, comes the Petitioners, Kirk and Nancy Perkins, by and through their attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions This Honorable Court to grant Petitioner special relief, and in support thereof avers the following: 1. The petition of Kirk and Nancy Perkins, Paternal Grandparents, respectfully represents that there is presently no Order of Court for custody of the minor child, Daniel L. Eichelberger, born June 2, 2004; however, there is a Settlement Agreement that provides •, for custody pursuant to Father and Mother's divorce in Camden County, Georgia. (A copy of the Settlement Agreement is attached hereto as `Exhibit A'). 2. Simultaneously with this Petition, Paternal Grandparents have filed a Complaint for Custody. (A copy of the Complaint for Custody is attached hereto as `Exhibit B'). 3. Petitioners are seeking physical and legal custody of the minor child pursuant to 23 Pa.C.S. § 5313(b). 4. The Court of Common Pleas of Cumberland County, Pennsylvania has jurisdiction over this matter pursuant to 23 Pa.C.S. § 5421, relating to initial child custody determination, and 23 Pa.C.S. § 5424, relating to temporary emergency jurisdiction, in that: a. Georgia does not have exclusive jurisdiction as there is a settlement agreement but no Court Order regarding custody; b. The child, the child's Father, and the Paternal Grandparents have a significant connection with this Commonwealth; c. Substantial evidence is available in this Commonwealth concerning the child's care, protection, training and personal relationships; d. The child has been abandoned by his mother due to her incarceration and inability to assume physical custody of the child. 5. Father relocated to Pennsylvania in March 2007 in order to be closer to his family and to strive to become more financially stable. 6. Since Father moved to Pennsylvania, Mother has not advised Father of her current permanent address. ,, 7. Father has had no physical custody of the minor child since moving to Pennsylvania, until approximately three (3) weeks ago when the child was brought to Pennsylvania by the child's paternal great-grandparents. 8. On or before August 2, 2007, Mother permitted great-grandparents to bring the child to Pennsylvania for a family reunion. 9. On or about August 13, 2007, Mother contacted Father and advised him to retain custody of the child due to the fact that she was incarcerated through the Camden County Sheriffs Department in Woodbine, Georgia. a. Mother has been charged with Forgery, a 1St degree felony, and False Reports of a Crime, a misdemeanor. (See Incident Report, attached hereto as `Exhibit C~. b. It is believed and therefore averred that bail has been set in excess of $5000.00. c. It is believed and therefore averred that Mother has not yet made bail. 10. Father is not financially secure and able to financially support his child at the present time. 11. Paternal grandparents have maintained physical custody of the child since his arrival in Pennsylvania. 12. Father concurs with Paternal Grandparents' request for custody of the minor child. 13. It is believed and therefore averred that Mother is not able to care for the minor child as she is presently incarcerated. 14. It is unknown whether Mother will serve additional jail time pursuant to a sentence received for her pending criminal charges. 15. It is believed and therefore averred that Mother does not have a stable home residence in Georgia. 16. Petitioners attempted to make contact with Mother prior to learning of her incarceration, and all telephone numbers or contact information was disconnected or terminated. 17. Paternal Grandparents have no knowledge or information as to who would care for the minor child should he return to Georgia. 18. It is believed and therefore averred that Mother is estranged from her family, a.nd her family resides in West Virginia. 19. Petitioners believe it is in the minor child's best interests to be in their legal and physical custody to ensure the child's safety and wellbeing. 20. Petitioners believe that it would be in the child's best interests to be in their legal and physical custody because they can provide a safe and stable home for the minor child. 21. Petitioners shall maintain routine and regular contact with Father to ensure an ongoing Father/son relationship. 22. Petitioners shall not deny Mother contact with the minor child in the event she is released from prison and able to make contact with the child. WHEREFORE, Petitioners pray that This Honorable Court grant their Petition for Special Relief and grant the following relief a. Paternal Grandparents shall have legal custody of the minor child; b. Paternal Grandparents shall have primary physical custody; c. Any additional relief that This Court deems appropriate. Respectfully submitted, DAB D~ I5 AB011~ & KUTULAKIS, L.L.P. ~~~ ~~ Kara W. Haggerty, ~ e Attorney ID No. 86 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioners IN THE SUPERIOR COURT C>F CAMDEN COUNTY STATE OF GE.QRGIA ,~~sS DANIEL L. EICHELBERGER ~1`~%~~' " % ) ~~ ~ Plaintiff, ) ) t~~ ~` ~'7~9 vs. ) CNIL ACTION NO: ~ ' HEATHER N. EICHELBERGER, ) Defendant. ) SUMMONS TO THE ABOVE NAMED DEFENDANT: Your are hereby summoned and required to file with the Clerk of said Court and serve upon the Plaintiff s attorney, whose name and address is: Andrew A. Taylor 1891 Highway 40 East, Suite 1101 Kingsland, GSA 31548 An answer to the complaint which is herewith served upon you, within thirty (30) days after service of this summons upon you, exclusive of the date of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. This ~~ day of , 2006. Clerk of Camden Superior Court i~ndrew i1. Tavtor luorne~ ~~ Counselor al l.aw I'. t i. F3ox ~Qltl i 191~)hi3-hQ97 I B• eputy Clerk IN THE SUPERIOR COURT OF' CAMDEN COUNTI' STATE OF GEORGIA DANIEL L. EICHELBERGER, ~ ~ Plaintiff, vs. CIVIL ACTION NO. HEATHER N. EICHELBERGER, Defendant. CQMPLAINT F4R DIVORCE COMES NOW, the Plaintiff, DANIEL L. EICHELBERGER, and files this, his claim for divorce against the Defendant, HEATHER N. EICHELBERGER, and states as follows: 1. Plaintiff is a resident of Camden County, Georgia, and the plaintiff has been a resident of the State of Georgia and Camden County for six (6} months prior to the date of filing this complaint. Defendant is a resident of Camden County, Georgia. 2. The Plaintiff and Defendant were lawfully married on 3uly 19, 2003. 3. The parties separated on or about June 15, 200E and since that date have continuously lived in a state of separation. 4. .lndrrw A. Taylor \ltorne~ & C'ounsel~rr .u I sw P. t?. Rn~ 5010 ;t. Mans. G~ 31 i>8 t y l 2) 67 ~-6097 I The Plaintiff is entitled to a divorce from the Defendant on the grounds that the marriage is irretrievably broken as defined by th4 lavs~s of the State of Georgia. • ', i ~ $. There is one minor child of the mamage whose name is DOUGLAS L. EICHELBERGER, whose date of birth is June 2, 2004. b. The parties have entered into a written agreement that provides for a division of the marital assets and custody of the minor child and which is filed herewith. WHEREFORE, Plaintiff respectfully prays: (a) That he be awarded anc~ total divorce from the Defendant; (b) That the within written settlement agreement resolving all of the issues of the parties be adopted and approved by the Court and made an order along with the final Decree of Divorce. ANDREW A. TAYLO Attorney for Plaintiff Georgia Bar No: 699450 t ~ ,~\ndrew A. 'i'avlor \ttorney & Counselor at l.sw P. (?. i3ox 5010 a. 19ar1s. CiA 31 iSy (~~ I2? 673-6097 IN THE SUPERIOR COURT OF CAMDEN COUNTY STATE OF GEC-RGIA DANIEL L. EICHELBERGER, Plaintiff, ) i) vs. ' ) CIVIL ACTION NO. HEATHER N. EICHELBERGER, ) Defendant. ) VERIFICATION Personally appeared before the undersigned, an officer duly authorized by law to :\nJrew t1. Tav(or lttornc~~ ~~ C'uunsei~~r at Law {'. U Roz ~DIO ~t~lan's.GA 31i~8 1912)673-6Q97 ~ I i i administer oaths, DANIEL L. EICHELBERGER, Plaintiff herein, who being duly sworn states under oath that the facts set forth in the foregoing Complaint are true and correct. Dated this 7 day of Sworn to and sub crib d before me this r~~l day of , 2006. ~~~~\,~c,ELA D J~ ~'i~ Notary blic ~ fi~ ~~, ~~ . i. L~_ ......f'' ~;j~ ~ ~~l~irlll~~`~~` 1 ~ ~ ~ IN THE SUPERIOR COURT OF CAMDEN COUNTY STATE OF GEORGIA DANIEL L. EICHELBERGER, Plaintiff, ) ) vs. ) CIVIL ACTION NO. HEATHER N. EICHELBERGER, ) Defendant. } ACKNOWLEDGEMENT OF SERVICE AND WAIVER OF PROCESS The undersigned Defendant, in the above styled action, hereby acknowledges personal service of the Summons and Complaint for Divorce; and further agrees and consents to the jurisdiction of the Superior Court of Camden County, State of Georgia, and requests that said action be tried and the Final Decree taken before a Judge of the Superior Court of Camden County, Georgia, without intervention of a jury, at any time after the expiration of thirty-one (31) days from the date of the filing of the Complaint for Divorce and this Acknowledgement of Service and Waiver of Process, which may be set down by the Court for trial until disposed of by Final Decree, either in the Superior Court of said county and state or any other Superior Court within the Brunswick Judicial Circuit. Defendant hereby expressly waives all other and further notice of date, time and place of trial. The Defendant acknowledges that the marriage between the parties is, in fact, .'lndrew A_ Tavlor 1uc~rnev ~~ ~'ouns~lor at Law P. O. B~~x >010 ;r. ~1<irvs, GA 31;;8 (~t12)h73-6(~7 irretrievably broken, and there is no chance for reconciliation, and each party desires a divorce from the other party. Dated this -L~ day of ,~; ~,~ ~ , 2006. I~IEA~THER N. EICHELBERGER Sworn to and subscribed before me this _~~day of , 2006. ~~ ~ ~ . ,. Notary P lic ,~`~~ a~' '~ ~ a • ID' `B~y ~''. •~hIQT,q,q• ~y~ , •• ~:•. ~ U~k~ypr?4~200IS ~' ~~ ~~/!11111>>\ ~ ~ Andrew A. Tavlar \Uorney & C'uunselor at Law P. O. Faux 50I 0 ,t. Viar~s,GA ;155g'i 1912)673-6097 j 1 ~ IN THE SUPERIOR COURT OF CAMDEN COUNTY STATE OF GEORGIA DANIEL L. EICHELBERGER Plaintiff, vs. HEATHER N. EICHELBERGER, Defendant. CIVIL ACTION NO. .~ )~ STIPULATION COMES NOW each of the respective parties to the above-styled action and hereby acknowledge, stipulate and consent as follows: ~ 1. That the undersigned are respectively Plaintiff and Defendant in the above case, are husband and wife, and are now living in a bonaf de state of separation. 2. ~~~ :lndrew A. Tavlor I ~ llturnev & Counselor i ~ P. O. Ro~r ~U I (1 ! i a. ;tans. G;1 31:+8 ~ ~ (yl2}h73-bfjy7 ~4 The above-styled divorce action was filed on the day of , 2006, and was personally served upon the Defendant or the Defendant acknowledged service in writing on the '7 day of j ~,~ (L~ , 2006. 3. The marriage between the parties is, in fact, irretrievably broken, there is no chance for reconciliation, and each party desires a divorce from the other party. 4. Each of the undersigned parties have conferred, or have had the opportunity to confer, with legal counsel of that party's choice. IN THE SUPERIOR COURT OF CAMDEN COUNTY STATE OF GEORGIA DANIEL L. EICHELBERGER ) f ) PIaintiff, ` ) vs. } CIVIL ACTION NO. HEATHER N. EICHELBERGER, ) Defendant. ) SETTLEMENT AGREEMENT WHEREAS, DANIEL L. EICHELBERGER (the husband) and HEATHER N. EICHELBERGER (the wife} are marred but are now living in a state of separation; and WHEREAS, the husband has filed an action for divorce against the wife in the Superior Court of Camden County, Georgia; and WHEREAS, the parties have defined ~heia~ respective rights and obligations with respect to custody and visitation of their minor child, alimony, child support and a division of their assets and so forth; and NOW THEREFORE, in consideration of the mutual promises and benefits accruing to each of the parties, IT IS AGREED AS FOLLOWS: 1. lndrew r1. Taylor ~ uume~~ ~f ~'nw~selor at Law P. O. Bn~ ~U1O ~ i. ;~tanti, GA 3 i;;g ~ 912) 673-6097 i Both the husband and wife shall have joint legal custody of the minor child, namely, DOUGLAS L. EICHELBERGER, whose date of birth is June 2, 2004, with the wife having ~ ~ ~ Y permanent physical custody and control of the minor child. The husband shall have reasonable rights of visitation with the child, apart from the maa-ital residence, and at reasonable times. 2. The husband's gross monthly income is $3473..00 a month. Seventeen percent (17°!0) is 1 / $640.00 per month. The wife's gross income is $ 0.00. The husband shall pay child support in the following manner: the husband shall pay the sum of $640.00 per month. The husband agrees to continue to pay said sums until said child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child become 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. Child support payments will be due on 3uly 15, 2006 and continuing to come due on the 15`h day of the month. 3. The husband shall maintain health insu~range benefits on the child through the military, or any subsequent civilian job he may have in the future, with the deductible being split equally between the parties. 4. All household furniture and personal property is divided among themselves. The Big ltulrew A. Tarfor ttc~mev cE Gnuisetur ,~t La4v 1'. C). liox ~O10 blartis.(if\ 3{~~S i912)t;-3-ht1y7 Screen TV, Printer and X Box is awarded to Husband, all other Furniture and Furnishings to wife. 5. i / ,i ~ ~ i ;~ ~~ As a division of marital property, the husband shall maintain sole possession, custody and control of the 1996 Ford F-150. The husband shall be responsible for the payments to Navy Federal Credit Union, taxes, insurance and any other fees in connection to this vehicle. 6. As a division of marital property, the wife shall maintain sole possession, custody and control of the 2001 Ford Focus. The wife shall be responsible for the payments to Navy Federal Credit Union, taxes, insurance and any other fees in connection to this vehicle. The husband shall execute the title to the wife when th~ car is paid. 1 7. The 1989 Wellcraft Boat is to be sold and after payment of the debt to Navy Federal Credit Union any profit if any, to be divided equally, any deficiency to be paid by husband. S. Plaintiff is awarded any and all Personal Injury proceeds from his Motorcycle accident, should any he receive any, except he shall payoff the balance on 2001 Ford Focus. Plaintiff ~ will be responsible for paying the indebtedness on the: motorcycle, if any. 9. The house at 80 Debbie Street is to be sold. Parties will place the house on the market when plaintiff returns from Traq. In the meantirpe tl~e wife shall have use and possession of the I house f ' or her and the child s residence until it ~s sold, the proceeds of the sale to be divided i. ~ equally after deduction for real estate commission and other expenses of sale. ~~ Andrew A. Taylor ; ~ itorney ~~ C.'uunsrlur ~ j Q, ~[ L.;nv P. U. Hox j01 U t. ~~;ms's, Gr1 3 ! j~$ ~ I Each party waives and relinquishes any claim ghat each may have against the (912) n73-6097 ~- i I~ I ' other for alimony. The wife waives and relinquishes any claim she may have to the husband's 1 military retirement benefits or any other benefit. 11. Except as specifically provided herein, no mc-dification or waiver of the terms of this agreement shall be made except with the express, written consent of the other party. Each party hereby waives any past, present or future claim or right which he or she may have against the other party. The wife specifically waives her claim to husband's military retirement benefit. 12. It is expressly understood that this agreement does not obligate the parties to continue to live in a state of separation or to proceed with action for divorce. However, in the event that either party shall bring or maintain an action for dissolution of the marital relationship, or for separate maintenance, this agreement shall be presented to the Court and incorporated by reference into any judgment or decree concerning the matters provided herein. Notwithstanding such incorporation, this agreement shall survive and become enforceable independently of the judgment or decree. t '~ I~ ~) ~i lnclrew r~. Ta}~lc~r ur~rncy & Counseirir at Law ~ ; 1'. t). (ion ;qli) f (y12) 673-611y7 i i ii i ~I i' 1 es and affixed their seals to ies have ;~ig~ed their nam 5S WKE~~F ~ the P~ ~ 2006 1N ~IT~ ~' ~'-'~` day of t~-~ ~ ,.. Bement this ~} / this agr ~ . 1 ~ /~ , ~/~,~~ ERGER ~;~~,L rr~~4litrlii,~ ore me t~.~ ~,~ a : s a yq~r %,~~ and Subscribed bef , Q .~~-~ AR Y --., S.w 2 y ~ x4;rs e C CA~- om tO 0 day of `- ~ M~~~.,,;0.~+~' 4a .C„~. , ~ ~ _ ~:EP~L~ C.ar.` ~ 1 t~~ blic `~11 ~ { 1 1 1 ~,~`;' RN EICH.ELBE ~otarY .HEAT~IE ubSeribed before me this Sworn tO ands ~ 2006. {~-? ~ ~y o ~ Notary lic \ndrew A- Tay~lox ltctrriey ~~ ~~°uns~lc,r Ott t.aw 4' (7, f3o~ ,t)1Ct tyt~)673_tiU97 ~` 1` Iii ~~ 1i' 1~ ~' ~ 1 rrr4tllitll~~~~~ r :...~,~3~~r-... .; ;•,Uly C-o+nm. Expires - Q ,. v~ ~ ~ ¢- %~ ca ''~ r~'(.~BL~C' ' ~ ~~,~'-~ '- c, . f~fi f f / 1 U tl N"~; ~ rrr,, ti ~ IN THE SUPERIOR COURT OF CAMDEN COUNTY STATE OF GEORGL4 DANIEL L. EICHELBERGER, t ~ ) Plaintiff, ) vs. } CNIL ACTION NO. HEATHER N. EICHELBERGER, ) Defendant. ) FINAL JUDGMENT AND DECREE Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles. It is considered, ordered and decreed ~y the court that the mamage contract heretofore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into. Petitioner and Respondent in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract whatsoever and both shall have the right to remarry. The wife shall have legal custody of the minor child with the wife having permanent ~ncirc~v A. faylc~r ~ ,tturne~ R ~'~xmselor I at Law I i I`. O. Rox ;p 10 ~ ~~)12) 6;3-bU97 ! ~ i~ i~ ~~ t i; i ~I l I li physical custody and control of the minor child. The husband shall have reasonable rights of visitation with the child at reasonable times. ~ ~ t ~ The husband shall pay child support in the folloti~ving manner: the husband shall pay the sum of $640.00 per month. The husband agrees to continue to pay said suns until the child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. Child support payments will be due on the first day of each month beginning July 15, 2006. t The Court has considered the existence. of special circumstances and has found the following special circumstances marked with "X" to be present in this case: l . Ages of the children 2. A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available 3. Educational costs 4. Day-care costs 5. Shared physical custody arrangements, including extended visitation 6. A party's other support obligations to another household 7. Income that should be imputed~to a:~pa~rty because of suppression of income 8. In-kind income for the self-employed, such as reimbursed meals or a company car 9. Other support a party is providing or vvill be providing such as payment of a ~ndreiv ,1. Tavior tu~mcv & ~'ounsel~x at I.aw Y. CJ. f3~~r ;O10 t, ~7ans. GA 31~~$ tRl2)673-6n97 10. A party's own extraordinary needs, such as medical expenses 11. Extreme economic circumstances including but not limited tv: (A) Unusually high debt structure; or (B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum 12. Historical spending in the family for children which varies significantly from the percentage table 13. Considerations of the economic cos -of-living factors of the community of each party, as determined by the trier~of act 14. In-kind contribution of either parent 15. The income of the custodial parent 16. The cost of accident and sickness insurance coverage for dependent children included in the order 17. Extraordinary travel expenses to exercise visitation or shared physical custody 18. Any other factor which the tz-ier of fact cieems to be required by the ends of justice, as described below: Having found that no special circumstances exist in this case, the Court herein sanctions and approves the Settlement Agreement between the parties dated __ w (~f ~ , 2006 and incorporates said agreement into this Final ~?ecl`ee. Decree and Order entered this day of 2006. Judge, Camden County Superior Court Brunswick Judicial Circuit lndreu A. 'favlor ttcxnev & ~ounsrlur at (.aw )>. ~~. r~~.;oio Finns. CiA 31~a8 (912) 67;-E>097 Order prepared by: Andrew A. Taylor 1891 Hwy 40 East, Snite 1101 Kingsland, GA 31548 912-673-6097 hIRK and NANCY PERKINS, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PA v. DOCKET NO. DANIEL EICHELBERGER and, HEATHER EICHELBERGER CIVIL ACTION -LAW Defendants IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ,the conciliator, at , on the day of 2007, at .m., for aPre-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 the scheduled Hearing. BY THE COURT: J~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 OM ~' LITLILAKIS Kara W. Hagerty, l;syuire Attorney LD. No.: 86914 36 South I Ianover Street Carlisle, Pennsylvania 17013 (717) 249-0900 KIRK and NANCY PERKINS, Plaintiffs v. DANIEL EICHELBERGER and, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. HEATHER EICHELBERGER CNIL ACTION -LAW Defendants IN CUSTODY COMPLAINT 1. Plaintiffs are the Paternal Grandmother, Nancy S. Perkins, and Paternal Step- Grandfather, Kirk A. Perkins, who currently reside at 6030 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. 3. 4. Defendant, Daniel L. Eichelberger, is the Father and he currently resides at 216 Stoner Drive Extension, Apartment D, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant, Heather N. Eichelberger, is the Mother and she is believed be incarcerated in St. Mary's, Georgia. The Plaintiffs have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. COUNT I -CUSTODY 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. The Plaintiffs seek custody of the following child: Name Address DOB Douglas L. Eichelberger 6030 Creekview Road June 2, 2004 Mechanicsburg, PA 17050 7. The child was born during wedlock. 8. The child is presently in the custody of the Plaintiffs. 9. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Nancy and Kirk Perkins 6030 Creekview Rd., August 2, 2007 to Present Mechanicsburg, PA Heather Eichelberger Unknown address in Birth to August 2, 2007 Georgia 10. The Paternal Grandparents of the child are Nancy and Kirk Perkins, who currently reside at 6030 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania. 11. The Father of the child is Daniel L. Eichelberger, who currently resides at 216 Stoner Drive Extension, Apartment D, Mechanicsburg, Cumberland County, Pennsylvania. 12. The Mother of the child is Heather N. Eichelberger, who is believed to be incarcerated through the Camden County Sheriffs Department in Woodbine, Georgia. 13. The mother and father of the child are not married. 14. The relationship of Plaintiffs to the child is that of Paternal Grandparents. 15. The relationships of Defendants to the child are that of Father and Mother. 16. The Plaintiffs currently resides with the following people: themselves and the minor child. 17. The Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court; however, there is a Settlement Agreement that is filed pursuant to the Divorce Action in The Superior Court of Camden County, State of Georgia, at Docket No. 06V0789. a. The Settlement Agreement provides Mother and Father shared legal custody. b. The Settlement Agreement provides Mother permanent physical custody and control, and Father reasonable rights of visitation with the child, apart from the marital residence, and at reasonable times. c. A copy of the Settlement Agreement, signed by the parties but not the Court, is attached hereto as `Exhibit A'. 18. The Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 19. The Plaintiffs do not know of a person nor 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. a. Plaintiffs are seeking physical and legal custody of the minor child pursuant to 23 Pa.C.S. ~ 5313(6). b. The Court of Common Pleas of Cumberland County, Pennsylvania have jurisdiction over this matter pursuant to 23 Pa.C.S. ~ 5421, relating to initial child custody determination, and 23 Pa.C.S. ~ 5424, relating to temporary emergency jurisdiction, in that: i. Georgia does not have exclusive jurisdiction as there is a settlement agreement but no Court Order regarding custody; ii. The child, the child's Father, and the Paternal Grandparents have a significant connection with this Commonwealth; iii. Substantial evidence is available in this Commonwealth concerning the child's care, protection, training and personal relationships; iv. The child has been abandoned by his mother due to her incarceration and inability to assume physical custody of the child. 20. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Paternal Grandparents have been the primary caretakers of the child since he has been residing in Pennsylvania. b. The Paternal Grandparents will be able to ensure for the child's safety. c. The Paternal Grandparents will be able to provide a stable home for the child. d. The child has a psychological bond with his Paternal Grandparents. e. The Paternal Grandparents can provide for the child both financially and emotionally. f. The Paternal Grandparents can immediately provide the child with the basic day-to-day necessities. g. Mother is unable to care for the child as she is presently incarcerated in St. Mary's, Georgia for felony conspiracy to commit forgery charges. h. Mother has failed to provide Father with a home address since he has been residing in Pennsylvania. i. Father had relocated to Pennsylvania in March 2007 to be near his family and to become more financially stable. j. Father is unable to financially support his son at the present time. k. It is believed and therefore averred that Father will concur with Paternal Grandparents request for legal and physical custody of his son. 21. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. ~FIEREFORE, the Plaintiffs request that this Court award legal and physical custody of the child to them, with rights of visitation being granted to Father and Mother at such times as agreed upon by the parties. Respectfully submitted, .ABO.Nt ~ Kv~'r1r.~xrs, L.L.P. DAB C~ 15 D~ ~~II~ZG(~. ~ IC(L7~L~ Kara W. Haggerty, E ' e Supreme Court ID: ~ 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaint~.r VERIFICATION PURSUANT TO Pa.R.C.P. 1024(c) Kara W. Haggerty, Esquire, states that she is the attorney for the party filing the foregoing document; that she makes this affidavit as an attorney, because the party she represents lacks sufficient knowledge or information upon which to make a verification and/or because she has greater personal knowledge of the information and belief than that of the party for whom she makes this affidavit; and/or because the party for whom she makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: Ogl Irk- I/~""] ~V ~ KIRK and NANCY PERKINS, . Plaintiffs v. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. DANIEL EICHELBERGER and, HEATHER EICHELBERGER CIVIL ACTION -LAW Defendants IN CUSTODY (CERTIFICATE OF SERVICE AND NOW, this 15TH day of August, 2007, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendants by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Daniel L. Eichelberger 216 Stoner Drive Extension, Apt. D Mechanicsburg, PA 17055 Pm Se Defendant Heather N. Eichelberger c/o Camden County Sheriffs Department ATTN: Major Procter P.O. Box 699 Woodbine, Georgia 31569 Respectfully submitted, Abom 8~ %utulakts, L.L.P. Kara W. Haggerty, Esquire Attorney ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 PAGE 02 +0~;i 141 2007 12:05 19128826834 sT. MJI,RYS PouC~ DEP,I~RTM~NT 1NGID~NT R~~'O~t~ CASE NUINSER Gao2oo20o Inter~l~l Copy 20470$00657 driglnal POgO 1 ... _ _ INCIDENT TYPE II OOUN_TS1 (NIICID_El1T CdD1 E fPRE1MISE Tl!~. .__.__..... FOR- ERY-f St DEORE~ ~lFEl1- ..~.~. _ .~... _~_.._. _._-_.. ._. ~._ . .f ~.._.~... 1 l_ 2501~..__J L.". IptYier.~ _ _._.. ___..__.. STATUTE C4_pE STATUTE DESC 1PEUCAN~ F'oINT bFi. APT ~3 „ ~~-1 _ . _. . 16-&1- J ~ORG~RY,IST I?~GREfi -/F'LU'-~ ._-~ ^ y~p~ ~ INCIDENT LOCATKaN STATE __.. , ZIP ~ ZONE ._ ___._._.. + _,_ ~ ~ _ ._._._.. __.._.~.. ....._.._. I _.__..._._.. ...._....._ ~.I ......_..___ ._._~._......_~~ r - ' ~LICAN PpI.. T RD ST_ MARYS .... .._..__.... ..___.1 I.•...~...~~ ~ -3ib5B --~+ _ 1 _. J ~ZbNE 1 ._._...... I INCIDENT PATE _ TIMe OATS _ TI,IYfE _ STRANGER TO STRANGER f ~ -~1 07134!2007 17'0 Ta 07I30MOOi' 2359 UN NF~OIAJN• C~IN~~.I ......__._.._.~ .....~......'-~--..._.__._1 CQMPI.AINANT ~. _~.-.... _ ADORIr$$ _ . ..r-_ . ..`._..,.. 30CUU_ SEGUItfIY .. 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I,.' •239.23.7231. _'1 WARRANT AppREgg _ _ _ EMPIOCC N0~_JE PHONE NUMBR_R YYORlC FtgNl; NUM__BER "-"' ELJCAN POIHiT RD APT C5 $`E'. hAARY$, GA 31558 ~ ~ ~ ~ ~ f.ASH FOODS Sl`; IVIARYS 8'12-.,78.7'079 ~ l_1 h_.. .._____.._... ..__.___--.-.. .._ ._._....~ ..~--_. _...~1 h ~~ ..._._. ---. _ .__ __ ~___~__..~ .._.._~ l... .... ____ __~:_ • . -JURIB~ ARREST SCATUTP _ CHARGES ,_._. GOUNT$ INCiDENTCObE OFF, ARR t=0~ a ,-, ~ 16-9-1 ORGERY-1STD1:aaREtr-IFELI. ..,.._.....__. .., ......_.__.._.... ....._.._ i 2501 ... .1 i ~=c0 C ~ X , 3=STATE susPecT i6-70-28 AI.SE REPORT O+r A CRIME -/AAISDh 1 4803 1 1 5 ~ OF r - ... ~~ .._.__ ..__.._~.... ...._~_. _ ....__._.... ._ __.__.._. ._._-~... __ . _ _... .UNKNOWN TOTAL NUMIBER ARRESTED Li_~ ARREST AT OR NFJ-R OFFENSE SCENE ~~ DATE !TIME OF ot=PENSIGI_ .0713072007 ..~ ~_..~~ ~~ l .___ _._.__'....._.._. _. . ....__ 1'AG NUMBER_,_ ... STATE YEAq~ VJ.N. ......... ._......._.._-... ..., ....._..._.._ _ I P I 1 LY VIN PUiTEf ONLY `'~ ('~ _...__. If 11 .. . -' RECOVD YEAR M,aKE ... _. _....._ .. MODEi... ... !~~ ..... - .-__._...~._.-.. .. coLOR....___..... . ~ .__.. SUSPECTS f_-._:. i I-.--•---_.._....•... ....___.._._._ ..I (:_. ........._.__.._.... MOTOR 32E (CID) ~_ 1 TRAN9Mk3S10N ` __. ..~ SPEED ~ ...__I INSURED @Y +.. --.-- --. ._ ..._._~_..__. ~j NANE ADDRESS PHONE NUM6FR ~ RU~:,.5A6RINA m.. _.._....._...__...._.... 8cj CMARUE 3MITii ~~ HIGHWAY ST. MARYS, ~A 37558 ---•- .. ~._.~.~.~ 9728822327 __ VEHICLES GURRENGY.NOTBS,ETG JEWELRY.P_REC. M_~_ "A_L3 ~~ pRppQRTY RE40VERY INFOR ONLY TOLEN _..... _ _.-- -^ •• TWEFTIRBCrrGVERY 2m000NTY CLOTHING UFFIGE EQUIP '~, RADfO, ETC. NOUSEMOU? GOODS ~ $ ~ L_~ 4=OUT pF p~ LE14..._..__. ._•...__.-_~ ..`__ ..`..__.__._ pATEOFTHEFT STATE (' a7l3012007 P, .. COVERE...._~-...... ~-~ i.._.. . .. ~~ ~..... ~ I _. _.._... , . I S~+UNKNOWN FIREARMS --_, CONS.OOODS ._. _____. 4~97dCK OTHER TOTALS ...... .._r..._. __..~_._.__.,.... .. ... _..__............ _._ ... _........_..Y.-- - BCOVERED ~` `~ ECOVERI:D • _ I { a AAIC ENTRY ~ ~ wARRANt 1_._. ~ MISSING PER9QN8 V......~ VEHICLE 1_ _._1 ARTICLE L_.... J 80AT I.......I dUN ( SECURITIES D!D INVE9TICiATION INDK:ATE TWAT "f HIS MCd']ENT WAS DRUG-RFJ.ATED? 1 N 1 iF YES, PLEASE INDICATE THE TYPE OF DRUG(S) USED 8Y OFFENDER: ..__-----......_.. _.__.._......,X ,..._._...._....... ._. _...___._........ ........._._,._........... .. _._..._.._.~... ... ......-----_... REQU1> DATA FIELDS ( CLEARF-b BY ARREST I FxCEP710NTALLY CLEARF.d UNFOUNDED ~~ ~~ POR CLEARANCE REPORT I ~ ~.....i ~ I ~-1 ~~_0HI08/2Q07 ~I I~ __. ._1 f._..I ~ ~ ~.... _..;:...J DATA OF cLF,l1RANCE 08H 3120Q7 X ADULT' JWENILB CLEARANCE COQE ...100. REPORTMG OFFICER INUb1~R } APPROVING dKFICER ~N`UAABER _JRICI~IARD RICtiGL<:...._.,._ yY_;; ...~....._ ...... .~L .__ 139_._...! hAARt3ARET BRt~VVN .~~._.-n_ _.. ..~...__ ._I l..-113, .. L. 88/14/2007 12:05 19128826834 5 f. MARYS POLICE DEP/1,R'1'MENT ,~(,`~~~~'~" ~~P~~~' GAO2ao2oo Interr~~} Go~py PAGE 03 CASE NUMBER (~20o7o$oa~~7~ P~gc 2 NARRATIVE Reporting Officer: ON 0605247 AT APPROXIMATELY 1310 }WAS DiSPATCHI=D TO THE ST, MARYS POLICE DEPARTMENT LOBBY IN RE!`ERENCE TO A COMPLAINT OF A STOLEN NAVY FEDERAL CREDIT UNION VISA CHECK CARP, HEATHER N, EICHEL.BERCER STATED THAT SHE HAD DISCOVERED THAT HER VISA CHECK CARD WAS MISSING ON Q73007 AND WWEN SHE WENT TO NAW FEDERAL CREfJiT UNION, SHE DISCOVERED THAT SEVERAL UNAUTHORIZED TRANSACTIONS HAD OCCURRED, SIDE ALSO STATED ThiAT THERE HAD BEEN A DEPOSIT MADE TO HER ACCOUNT IN THE AMOUNT OF $1350.Q0 AND THAT SHE WAD NO KNOWLEDGE OF THIS DEPOSIT AND DID NOT KNOW THt= PERSONS WHO'S NAMES WERE WRITTEN ON THE CHECK, SHE PROVIDED COPIES OF THE CHECK AND OF THE ACCOUNT TRANSACTION HISTORY FROM 069407 TO 080307 WITH NUMEROUS UNAUTHORIZED TRANSACTION tNDICATEp BY A DASH LINE NEXT TO THE TRANSACTION. SHE STATED THAT THE TRANSACTIONS INDICATED EY A ( ) STAR, WHERE TRANSACTIONS THAT SHE WAS AWARE Of=, SHE DENIED ANY KNOWLEDGE OF THE TRANSACTIONS AND STATED THAT SHE INTENDEp TO PROSECUTE. NOTHING FURTHER ~ROPERtY ...._...... ...._._._..... .. _._._._ ._.~ OTH<_R S70LEN7 ~X ~ RECpV~REb7 ~.~~ VALUE ~$lo ~._. + ~ .~~ N1A1Cl; ............. MODF_L ._ - ___ _ .. ___._ 8@RIALJI~ _.Y__.__. .......~_.._ .. _ . _._... . l~.__. _ __1 ~:~...._~._~:::: I f __.__.. ..- _-~_. .... __._ DE3CItIRT1aN ~1%~y1( FEDERAL CREDfT iJNIdN VISA ~IiECK CARD ~ ~ V r •?3~,nnhrc2ir~erc~L1 t DEPARTMENT 26834 '~G~a~~„r ~CEPOF~T cAO2oozoo Internal Copy \ tr"• 04 ~!' ht. r7; ~~ ~~ ,,, S~UPPt_EAAENT ~. Reporting Officer: _ ON 080607, t WENT TO NAVY FEDERAL CREDIT UNION AND SPOKE WITH MELISSA WILLIAMS, f°''?Fc FURTHER INVESTIGATION. SHE STATEp THAT HEATHER EICHELBERGER HAD BEEN IN NAW FEDEf:w~,.. CREDIT UNION EARLIER THAT DAY REQUESTING }NFOFtMATION ON WHY HER ACCOUNT WA,='~ OVERDRAWN. MELISSA WiLLIAMS STATED THAT SABRING CRUZ WAS THE BANK EMPLOYEE WHO NECKED HER. (REQUESTED THE TIMES OF THE TRANSACTIONS THAT HEATHER EICHEt_BERGEi~ STATED WERE UNAUTHORIZED AND WAS INFORMED THAT HEATHER EICHELBERGER WOULD HAVE TO RETURN TO NAW FEDERAL CREDIT UNION TO SIGN A FORM TO RELEASE THE TIMES OF TWE TRANSACTIONS. I ALSO REQUESTED FOR THEM TO Rk'VIEW THE TAPES FOR THE TIME AND DAY THAT THE $1350.00 IOEPOSiT WAS MADE. I THEN WENT TO FLASH FOODS AND ASKED THE MANAGER TO REVIEW TAPES FROM THOSE TIMES. I OBSERVED ON THE TAPES THAT SEVERAL OF THE TRANSACTIONS WERE CONDUCTED BY WEATHER EiChIELBERGER AND THERE WERE ALSO TRANSACTIONS MA©E BY AN UNIDENTIFIED BLACK MALE AND AN UNIDENTIFIEp WMITE MALE. THE NjANAGER PROVIDEp TWO CD'S WITH THE TRANSACTIONS AND SEVERAL PICTURES, I THEN !'ROCEEDEt3 TO ~ATNER i=1CHELSERGERS RESIDENCE qND REQUESTED THAI SHE RETURN TO NAVY FEDERAL CREDIT UFIION ON 080~a7 AT 0900 TO APPROIrE THE RELEASE OF THE "L"IMES OF THE TRANSACTIONS. SHE AGREED ON 0807177 I WENT TO NAVY FEDERAL CREDIT i.~tIC1N AND SPOKE WITH MELISSA WILLiAMS IN REFERENCE TO HER AN(7 SABRING CRUZ REVIEWING T E TAPES AND THEY F'OSITIVEI~Y IpENTiFIED HEATHER EICHELBERC~R AND A BLACK MALE AS THE PERSONS WHO 1AAADE THE $1350.00 DEPOSIT. AT APPROXIMAI~ELY 0995 HEATHER EICHELBERGER RETURNED TO NAVY FEDERAL. CREDIT UNION ANp WROTE fA Vp~.UNTARY STATEMENT. WARRANTS 1liIILL BE SECURED AT THE APPROPRIATE TIME. $UPPI.EM6NT RiS RiGGL~ ~Reporttng Officer: 139 __ ..._... PttCHA _ .'... , _..~._..... ___-- . ^...,.. ..-_._._.~ ON 089 307 AT 1050 HOURS I MADE CONTACT WITH H~+THER EICNEi~BEF~GER AT 1 PELICAN POINT DR. APT C5. EICHELBERGER VITAS PLACED UNDER ARREST AND PLACED Ib!i THE BACK OF A Iw1ARKED PATROL UNIT CHARGED WITH FALSE REPORT OF A CRIME (CR-6-07.4.8) AND PARTY TO A C1~i11QE OF FQRGERY (CR-6-Q7-449). EICHELBERGE~ WAS TRAtdSPORTED TO THE CAMDEN COUNTY Pt36iiCSAFETY CCYMpLEJC WITHOUT INCIDENT FOR: BOQKING ANO I"URTHER DISPOSITION. NOTHING FOLLOWS 1 ~ ~ ~ VERIFICATION PURSUANT TO Pa.R.C.P. 1024(c~ Kara W. Haggerty, Esquire, states that she is the attorney for the party filing the foregoing document; that she makes this affidavit as an attorney, because the party she represents lacks sufficient knowledge or information upon which to make a verification and/or because she has greater personal knowledge of the information and belief than that of the party for whom she makes this affidavit; and/or because the party for whom she makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: ~(JI~S~~~ ~ ~ 4 CERTIFICATE OF SERVICE ~~ AND NOW, this ~ day of August, 2007, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Special Relief, upon the Defendants by depositing, or causing to be deposited, same in the United States Mail, First-class mail, Certified Mail, postage prepaid addressed to the following: Daniel L. Eichelberger 216 Stoner Drive Extension, Apt. D Mechanicsburg, PA 17055 Pro Se Defendant Heather N. Eichelberger c/o Camden County Sheriff s Department A'T1"N: Major Procter P.O. Box 699 Woodbine, Georgia 31569 Respectfully submitted, Abom ~ gutulakis, L.L.P. l i~ Kara W. Haggerty, q Attorney ID No. 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 .~ -~ 1 ~ ._~._ rj'~ _ -, ., ~...,} 't ~~~ .y ~•....~ .. t ~ 7;{.~Y +....__~ ,.~1 r ~ ,~ AUG 15 2001 KIRK and NANCY PERKINS, IN THE COURT OF COMMON PLEAS Plaintiffs CLTI~iBERI.AND COUNTY, PA v. DOCKET NO. D ~ -- ~8 3 ~ ~ ~/ I I DANIEL EICHELBERGER and, . HEATHER EICHELBERGER CIVIL ACTION - I_AW Defendants IN CUSTODY ORDER OF COURT AND NOW, this ~S day of A .n consideration o£ the attached ~ rk~.t~~ S h o K. ~.C'~ Petition for Special Relief, it is , R.o G~ C, ct +a C.pN tai L i ~ f- t p N . ,,~ n erenc . ill-~",j3F ~T ~"F~R~T~L~~.r ;* ;~ n.,~„ ~ ~ ,-,,. ,.a ..i... ~~.,, ~,...~: _~ their r of > > a ., - T: J~ Kara W. Haggerty, Esquire - ~t _ e~~~K,. ~/~-/o> Daniel Eichelberger, pm se _ ~ ,~~,,~ ~~is~a ~ 216 Stoner Drive Extension, Apt. D Mechanicsburg, PA 17055 Heather Eichelberger - y~~ ~n-a~p~ ~~~1~ 7 c/o Camden County Sheriffs Department P.O. Box 699 Woodbine, Georgia 31569 t> ^~ ~~ ~ d ~' _ _ ~,,. _ ~ ~ ~ -n n~; ~~:a _~ C a Q "S KIRK AND NANCY PERKINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. • 07-4834 CIVIL ACTION LAW DANIEL EICHELBERGER AND HEATHER EICHELBERGER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, August 17, 2007 ,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 Thursday, August 30, 2007 at 8:30 AM for aPre-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 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/ ac ueline M. Verne 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 TELEPHONF, 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 ~ °~~ ~ ~ y~~ ~Q~°~ ~ ~~ ~ ~~~-~ ~ ~~ ~o ~~,~ - ,, ~, ~'. _ . ~`L ~ 'f~ ~.r.ii'~ti.i .i ~~~ ~ ~~ k' 0 ~ ~ ~'~'~ t l~~l a KIRK and NANCY PERS, : IN THE COURT OF COMMON PLEAS Plainti s :CUMBERLAND COUNTY, PENNSYLVANIA ~, v. NO. 07-4834 CIVII. ACTION -LAW DANIEL EICHELBERG~R and, IN CUSTODY HEATHER EICHELBERI,GER, Defendants PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Heatlher Eichelberger, Defendant, to proceed in forma ap uperis. I, Grace E. D'Alo, jattorney for the party proceeding in forma ap uQeris, certify that ~, I believe the party is unable to pay the costs and that I am providing free legal services to the party. I, '~~ ~n\ ~~~ i 1 ace E. D'Alo, Esquire dPenn Legal Services 1 East Louther Street Carlisle, PA 17013 (717) 243-9400 C? ~` ~ .~., ro i~x°> ~ '~'i ~l is ? -yC9 -~ '~n ~ C '$ ~ 1S~ ' ~ ~} -<. ~• ~ ~ ~y ,F ~ ~ 3=~ N ~ «G CJ1 KIRK and NANCY PERKINS, IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-4834 CIVIL ACTION -LAW DANIEL EICHELBERGER end, IN CUSTODY HEATHER EICHELBERGEIt, Defendants' PRELIMINARY OBJECTIONS TO JURISDCITON --TAND RULE TO SHOW CAUSE AND NOW, comes Defendant, Heather Eichelberger, by and through her attorneys, MidPenn Legal Services, and files these Preliminary Objections to Plaintiffs' Complaint for Custody and in furtherance thereof states as follows: 1. The Defendhnts were lawfully married on July 19, 2003. 2. Defendant Daniel Eichelberger, hereinafter "Father," and Defendant, Heather Eichelbergez, hereinafter "Mother," are the natural parents of one minor child, Douglas Le@ Eichelberger, born June 2, 2004. 3. Mother and father separated on or about June 15, 2006. 4. Plaintiff Nancy Perkins is the paternal grandmother of Douglas Lee. 5. Plaintiff Kirk Perkins is married to Plaintiff Nancy Perkins but is not otherwise re~ated to Douglass Lee. 6. Mother and Father filed a Complaint for Divorce in the Superior Court of Camden Cot}nty, Georgia, in July'2006. 7. On August lh, 2006, the Plaintiffs were divorced and a final Judgment and a decree in divlorce was entered as an Order of the Camden County Superior ~I a" Court, Brunswick Judicial District, in the State of Georgia. (A copy of this Order is attached hereto as Exhibit A) 8. The above-feferenced divorce decree also includes an agreed upon order regarding cj~stody which states: "The wife shall have legal custody of the minor child with the wife having permanent physical custody and control of the minor child." 9. The Camden County Superior Court retains jurisdiction over this matter and is the home state as defined in the Uniform Child Custody and Jurisdiction Enforcement Act, 10. The child, Douglas Lee, has lived his entire life up until August 2, 2007, in Camden County Georgia with his Mother and/or Father. 11. The child, Douglas Lee, has by the Plaintiffs allegations in their Complaint for Custody and Petition for Special Relief, only lived in Cumberland County since the beginning of August. 12. Cumberland County is not the home state based on Douglas Lee's past residence in (Camden County Georgia and Plaintiffs assert no other basis under'the U~CJEA for the Cumberland County Courts to assume jurisdiction. 13. This matter k~as been scheduled for a custody conciliation on September 27, 2007, at 9:3d a.m. with Attorney Jacqueline Verney. 14. Pursuant to the Uniform fGGhild Custody Jurisdiction Enforcement Act 23 Pa.C.S. § 541 et seq, this Court should not exercise jurisdiction in this ,' matter. Jurisdiction of this matter properly remains in the state of Georgia. ~I a 15. Father did riot object to the entry of the Final Judgement and Decree in divorce as entered in Camden County, Georgia, and Plaintiffs and Father should be pfecluded from asserting that Cumberland County is the proper venue to resolve any current custody matters. WHEREFORE, Mother requests that this Court dismiss Father's Complaint for Custody, based on the fact that Georgia retains jurisdiction over this matter. In addition, Mother asks this Court to issue, a Rule to Show Cause why the child, Douglas Lee Eichelberger, should not be returned to the care and custody of the Mother pending further order of the Camden County Superr,or Court. Respectfully Submitted, rac 1/: D'Alo, Esquire i nn Legal Services ast Louther Street Carlisle, PA 17013 (717) 243-9400 x2514 i l a .. ~ •,j . ~ ~ I IN Tt~ SUPfiR]nOR CO(lit? OF CAIIImBN COUNTY STATE OlGEORf}U- DAN1Z~I. L EICI~LBffiLt~ ) ~~ ) ) ~t~k0'yR9 vc. ) CNII. ACt10N NO. si~-r~_ ur c3tsc~t.~w 1~ATHBRN. fiICT~'I.BERG~it, ) c~MOmv w~roa eouar~.., Defendant. ) ~ l ~ ~ 4'00 clat+ FIIdAL JIJDGMLNT Al'tD DEC'RR1G~ Maw. n. Tgia AuM~n' ~ C~rrlw t Lwr P. A. aia901~ Iwgx W 7tSSf tM121~A•M7 Upon eamtdetasion of thin t~ upon avidaice wbrmcwd as provided by laws it ix the judgm~ of ~ cowl that a tool dtvorx be that is m nay, a divar:e a viaculo ttattuacnii, tod~oo the patties to du above stated ~ ttpoa legal prides. his oons;deaod~ tudcrod lard dtarrned by the contt that the teattiaQe contract henetat'ore eaa<eced into botvveon fhtf patrics t0 thin cue, ~Otti std slier this dace. be nerd is sec aside and dissolved as ~hily and effectually as if no such contract had crer Gera ntada tx eattotnd into. Petiticoer and Rrapondoat in the fittttre stall be held attd considered as apd 'dittiaxr peraana altogether uncoonocood by any nuptial union or civil oanttaet avhataoever odd bah shall have the tight to ttmtarty. The wiift: shall have lepl custody of the minor child with the wife having petmattefrt physical custody sad oaauol of rho minor dtild. The busbrmd strap twvo reasanable aghb of viaitatict! wills ttre Mild at reasonable threes. EXHIBIT A r i 'r 6L~Z ~d zt£2i?9zzl6t ~Ol 0L6t+£LSZT6 0~,~ ~: ii t-L2-83~ The bateaand sbs<ll paY ~~ in tbo 'bollow~igg mamae the husband shall pry the sam of 5614;00 per month. The husbaad agues bo continue m pay said sums fatil die child beeoanes 18 ~ of agq dies, mamas, or odutwise beootnes enaaadpaced, excopt than if dte gild beoomd~s l8 years of age wh7o etuoAed in and mending exondary school on a ~lhll-time baS1a, then t1MCh 9[IppOrt shall COMIIIa! unN the Cillld COn1plE~a secondary SCb001, proVidcd th~c each st~lport shall noc be ~~ aRer dse child ateaitm 20 y~eare of age. Child supparc paymena ~~I be d>~ Da me flea day of saoh mottlls begimsng ply l s, 2006. Tt>c wart ~ oonsid~ted the adsaanoe or cp~ial circromstameos atsd has t3on,sd the £oAowlug ~ caariced.vim'x" m be ptac~t io this ciaec 1. ~ of the ch0dren a. A child•a ax~o:tliaaxy m.diaal cuss or feeds in addition oo seeideot and ficJmcss insutagee, provided tuat.n s~ oust: ~ needs sMn lm t;onaidared ii no msmaat~ it available ~i. F.dugsgor,al r~ 4. Dayrcare ~~ ._.~.~ S ~ P~~ Y ~ i~~8 extended visitation 4. A parry's other support obligafiaos to anotlsex household ~. lncmne that should be inoipuood bo s peaty bepaax of supperasim of istCOtne _, $. in-Idad itseome t~cthe self-esnpbyod. such as:+eanbu~d mQak or a comnpeny car 9. ~~, Other support a patty is providing yr will be providint fuck as payment of a i0_ A parry's own acaaosdioecy oexdx, sucb a medical exprnees N>~. ~ r~ w a.~ 1 ~l. bctt~dre ecopomic ci~eautoes iodudf~og bat Dot litrsimd ro• r. u ~ sau t~Ms. tiA ~ t+~ 1912) A73io~7 ~,,.,~A~ ~+,w~7 }It '~1 detlt EZ<11ChQC: 0~ 6Zi£ ~d ZS£Z~ZT6T ~Ol (716b£ZSZt6 ,"•bD21d c~c ~ SS 000e?-Lc-83d ,___~(B) [Jmugt<!~Y biph ieeome of eilhor pnR~r a both pse~est, which simll lx oonsarwd ss ititkvidttal geoss inoatre of over 575,000.00 pee aflaam Mw M. A 1}w l01a ~rwn-cu~ i~sie Nit) 6}y,cw, 12. Hiseorkal ~endittg is the family for children which vstiea tliptifie~dy 8rom the P'e tahk 13. C.oasideradaos of the econoalic oos~-of-Hviug fora of the oammuolry of each ~psity. ss detstmiood by the trier of fact 14. Flu-kipd contributi~ of oitha' pereat Is.;The htcotae oftlue cuslodia pu~ent 16. ~7hs cost of accident asd sTclmea oowersge ii}r depatdeat e>,ildnen included in the order l7. I lydtsardie4ry travd expaetxs to exeseise vicitsdon ar aharod physics) cnstodY 18. ~ otliac the trier of ftct deems m be regaited by the gilds of justice. ss deictibed below: HaviA~ found that no special ~ exist in this ~ the Court herein ssnctioek and approves t#-e Sestt~it Agreement between tho parties dstY,d .,. ~ (.i ~ .2006 tl~d iucotporates said tlireetnept hwo this Final Decree. Deceeel and Order etttei+ed ibis d~ ~dsy of ~'~ 2006. Ordrrpnpnsd b~. Mfbntw A.Tiylar It9t x~y4o>p.~l.9uite -!oi 1cio~1lw+, ti~- 3~ s4a 912673-6097 Judge, CctuK.y Sapelioe Conti Brunstitictc Jndiclal Circuit 6Lib:d ~cT£Z-'c922t6S:01 0L6ta~LSci6 :W021d irc:ii 6002-Lc-83~ . , KIItK and NANCY PERKIN5~, Plaintiffs v. DANIEL EICHELBERGER ahd, HEATHER EICHELBERGER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4834 CIVII. ACTION. - LAW IN CUSTODY VERIFICATION The above-named~~~Defendant, Heather Nicole Eichelberger, verifies that the statements made in the attached Preliminary Objections and Rule ~o Show Cause are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsificatiorh to authorities. Date: .~ ~ ~~ , ~ 12lC' 0 ', Heather Nicole Eichelberger l KIRK and NANCY PERKINS, Plaintiffs vi. DANIEL EICHELBERGER an'd, HEATHER EICHELBERGER,' Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4834 CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Grace E. D'Alo, Esquirt, of MidPenn Legal Services, attorney for the Defendant, Heather Eichelberger, hereby certify that I have served a copy of the foregoing PRELIlVINARY OBJECTIONS AND RULE TO HOW CAUSE on the following date and in the manner indicated: U.S. ~irst Class Mail. Posta et; Pre-Paid Kara Haggerty, Attorney for Plaintiffs 3b S. Hanover Street Carlisle, PA 1?013 t Date: ce E. D'AIo,~F.squire enn Legal Services 40 E. Louther Street Carlisle, PA 17013 {717) 243-9400 yr~:a.e ~_~ 4 ~ `p~~ ~ r~~J ~~ ~* r Gr, r.. N ~ ?- L"' _ ~ ~r ^N' ~J V `~ f , ', I. f KIltK and NANCY PERKINS, Plaintiffs v. DANIEL EICHELBERGER and, HEATHER EICHELBERGER, Defendants SEP 862D07 /" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4834 CIVII. ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this _Q~ !~da of Se tember 2007, u on consideration of the attached Y P P Preliminary Objections and Rule to Show Cause, a hearing on the Preliminary Ob}ections and Rule to Show Cause before this Honorable Court on the ~ ~ day of C~~ , 2007, at 90 m. ,~,. J. i j f A 4 t~~~t~~ri~SNN~d U'1 .g P~If 74 ti.7~? ~~~!G I~~tl1nN~~l.t.~~~d EKG ~0 ~~I~~'?-fl311~ KIRK and NANCY PERKINS, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-4834 CIVIL DANIEL EICHELBERGER and HEATHER EICHELBERGER, CIVIL ACTION - LAW Defendants IN CUSTODY ORDER OF COURT AND NOW, this 8th day of October, 2007, after hearing, we find that we have no basis to exercise jurisdiction under Section 5424 of the Uniform Child Custody Jurisdiction Act. Therefore, our prior Order of Court is vacated, and this case is DISMISSED. ~ra W. Haggerty, Esquire For the Plaintiffs .-, 'race D'Alo, Esquire For the Defendant Heather Eichelberger Probation Sheri f f ~`"`,~~ . , n ~, Q ~4 h ~ , V~-x% srs Edward E. Guido, J. ~ £ :~ btc~ 6- !~~ 100Z 3~~:~~L1`t-~! NOV 0~ 10t~ KIRK AND NANCY PERKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4834 CIVIL ACTION -LAW DANIEL EICHELBERGER and HEATHER EICHELBERGER, : IN CUSTODY Defendants ORDER OF COURT AND NOW, this 2"d day of November, 2007, the child having returned to North Carolina, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq line M. Verney, Esquire, Custody onciliator _ yr~i y~. i :, , . ~ .~ ~ ~~ v, :~ "~ r 5