Loading...
HomeMy WebLinkAbout08-1527KEITH A. EICHELBERGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. D8• IY-2 7 Civil Term JAIME L. EICHELBERGER, ACTION IN CUSTODY Defendant 1. Plaintiff is Keith A. Eichelberger, who currently resides at 1008 Rebecca St., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Jaime L. Eichelberger, whose current address is 202 York Road, Calrisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME Angelique R. Eichelberger Mother and Father married on August 11, 2007, and separated on February 20, 2008. Mother currently has primary physical custody of the child. CUSTODY COMPLAINT DOB ADDRESS 1/11/08 202 York Road Carlisle, Pa. 17013 During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Jaime L. Eichelberger maternal grandparents 202 York Road Carlisle, Pa. 17013 2/20/08 - present Jaime L. Eichelberger 1008 Rebecca St. 1/11/08 - 2/20/08 Keith A. Eichelberger Carlisle, Pa. 17013 The mother of the child is Jaime L. Eichelberger. She currently resides at 202 York Road, Carlisle, Pa., 17013. She is married to Keith A. Eichelberger. The father the child is Keith A. Eichelberger. He currently resides at 1008 Rebecca St., Carlisle, Pa., 17013. He is married to Jaime L. Eichelberger. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides alone. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with maternal grandparents. 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this court. The court, term and number, an its relationship to this action is: Mother filed a petition requesting a P.F.A. Order against Father in Cumberland County.. A consent Order was entered on February 29. 2008. The Docket number of that action is 2008 - 1150. The Order included only basic provisions for custody. Plaintiff has no information of a custody proceeding concerning the child pending in a 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated February 20. 2008, when Mother left the marital home with the child. Father is seeking a custody Order which would provide him with liberal periods of partial custody of the child. Such request would be in the best interest of the child because it would ensure that the child has regular contact with both parents. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Date: 3/4 0 O Respectfully subm ne Adams, Esquire I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Keith A. Eichelbe er, Plaintiff K" cn x;- U? d w ° O C= -M 3 xs• cc) w KEITH A. EICHELBERGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1527 CIVIL ACTION LAW JAIME L. EICHELBERGER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 13, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at__ 4th Floor, Cumberland County Courthouse, Carlisle on ______ Monday, April 07, 2008 at _9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ john j. Mangan, r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 41 '?6 i:s?ld 3c A?fdlv?? ? ;?rtE& ?? . MAY 0 0 2008 KEITH A. EICHELBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-1527 CIVIL ACTION LAW JAIME L. EICHELBERGER, IN CUSTODY Defendant ORDER OF COURT AND NOW this day of May 2008, upon consideration of the attached Custody Conciliation Report, it is rdered and Directed as follows: 1. Legal Custody: The Father, Keith A. Eichelberger, and the Mother, Jaime L. Eichelberger shall have shared legal custody of Angelique R. Eichelberger, born 01/11/2008. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Father shall have supervised physical custody of the Child two evening hours per week or on the weekend and three morning hours per week, absent mutual agreement otherwise. Father shall notify Mother forty eight (48) hours in advance of the requested times and days. b. Father's periods of custody shall take place in an agreed upon neutral location and with an agreed upon neutral third party. In the absence of agreement, Father's periods of custody shall take place at the Alternative Behavior Consultant's facility or the YWCA/YMCA. C. Father shall have additional periods of physical custody of the Child as mutually agreed to. 3. It is recommended that Father engage in parenting classes/anger management classes with Alternative Behavior Consultants or some other agreed upon program. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. r 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. A status update conference is hereby scheduled with the assigned Conciliator on July 07, 2008 at 10:00 am at the Court of Common Pleas, Carlisle, PA 17013. Distribution: ?Jane Adams, Esq. ./Hannah Herman Snyder, Esq. ,Aohn J. Mangan, Esq. 00PI'p-S ?»:2c L4 51//3/09 >-- cr: co d . uj CD ;El nJ u LL) LL c CED rV U KEITH A. EICHELBERGER, Plaintiff V. JAIME L. EICHELBERGER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1527 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Angelique R. Eichelberger 01/11/2008 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on April 07, 2008 with the following individuals in attendance: The Mother, Jaime L. Eichelberger, with her counsel, Hannah Herman Snyder, Esq. The Father, Keith A. Eichelberger, with his counsel, Jane Adams, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J squire Cust y C ciliator KEITH A. EICHELBERGER, Plaintiff V. JAIME L. EICHELBERGER, Defendant IN THE COURT OF CGMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 1527 Civil Action Law : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Keith Eichelberger, by and through his counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Keith Eichelberger, Petitioner, (hereinafter referred to as "Father"), is the Plaintiff in the above-captioned matter, and is an adult individual currently residing at 1010 Cranes Gap Road, Apt. 2, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Jaime L. Eichelberger, Respondent, (hereinafter referred to as "Mother") is the Defendant in the above-captioned matter, and is currently residing at 2u2 York Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are the natural parents of one child, namely, Angelique Renee Eichelberger, born November 11, 2008. 4. The parties are subject to an Order of Court dated May 12, 2008, which was a result of the parties' agreement. A copy of said Order and Stipulation is attached hereto and incorporated herein by reference as Exhibit "A". 5. After entry of the attached custody Order, Father participated in individual counseling and parenting classes. Although Father does not admit to any allegations which would require him to participate in mandatory counseling, he voluntarily agreed to participate in such counseling. After participation, he received favorable reports from both counselors. 6. Father has been seeing the child in Mother's home on a regular basis; however, Mother will not allow Father to have any periods of partial custody with the child which are unsupervised. 7. Father is requesting unsupervised periods of partial custody with the child, since the child is no longer an infant, he has maintained regular contact with the child and developed a relationship, and he has received favorable reports from two counselors after participating in individual counseling and parenting classes. 8. It would be in the best interest of the child to modify this Order because a substantial change of circumstances has occurred and the prior agreement and Order do not adequately provide for the child. 9. It is believed and averred that the best interest and permanent welfare of the child will be promoted by changes proposed in this custody petition because the modification will ensure the child's well being and contact with both parents. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the child. Respectfully submitted, Date: 17 O / #.D.o. Esquire 65 South St. Cklisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF MAY 09Myt' KEITH A. EICHELBERGER, Plaintiff V. JAIME L. EICHELBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1527 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this J,?,_ day of May 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Keith A. Eichelberger, and the Mother, Jaime L. Eichelberger shall have shared legal custody of Angelique R. Eichelberger, born 01/11/2008. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Father shall have supervised physical custody of the Child two evening hours per week or on the weekend and three morning hours per week, absent mutual agreement otherwise. Father shall notify Mother forty eight (48) hours in advance of the requested times and days. b. Father's periods of custody shall take place in an agreed upon neutral location and with an agreed upon neutral third party. In the absence; of agreement, Father's periods of custody shall take place at the Alternative Behavior Consultant's facility or the YWCA/YMCA. C. Father shall have additional periods of physical custody of the Child as mutually agreed to. 3. It is recommended that Father engage in parenting classes/anger management classes with Alternative Behavior Consultants or some other agreed upon program. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child 's to the other party, or may hamper the free and natural development of the Child's love or affiection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial parry shall notify the other party as soon as practicable after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. A status update conference is hereby scheduled with the assigned Conciliator on July 07, 2008 at 10:00 am at the Court of Common Pleas, Carlisle, PA 17013. By the Court, Distribution: Jane Adams, Esq. Hannah Herman Snyder, Esq. John J. Mangan, Esq. GON" III E t? 4+a; s,..,' W, a I her Ljfjr, my hand ?•a?P3u v.:c ?S #m C? dffAailaly M ?otanC . KEITH A. EICHELBERGER, Plaintiff V. JAIME L. EICHELBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1527 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Angelique R. Eichelberger 01/11/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on April 07, 2008 with the following individuals in attendance: The Mother, Jaime L. Eichelberger, with her counsel, Hannah Herman Snyder, Esq. The Father, Keith A. Eichelberger, with his counsel, Jane Adams, Esq. 3. The parties agreed to the entry of an Order in the form as attached. &C Date Jo J squire Cust y C nciliator VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ,2V 5??, Date: I i F??? c? A. ichelber tiff c w KEITH A. EICHELBERGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1527 CIVIL ACTION LAW JAIME L. EICHELBERGER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 25, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 28, 2009 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ohn . Man an r. Es o. 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 S _ ,r . ^ MAY ? ? 2009y KEITH A. EICHELBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-1527 CIVIL ACTION LAW JAIME L. EICHELBERGER, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this -6& day of May 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custod Conciliation Conference. A Custody Hearing is hereby scheduled on the I J day of , 2009 at am/pm in Courtroom number 2 in the Cumberland County Co of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Keith A. Eichelberger, and the Mother, Jaime L. Eichelberger shall have shared legal custody of Angelique R. Eichelberger, born 01/11/2008. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing April 30, 2009, Father shall have unsupervised physical custody of the Child every Monday and Thursday from 3:00 pm until 6:00 pm. b. The parents shall exchange custody of the Child in the Target parking lot in Carlisle, PA at the designated times. The parties may exchange custody by mutual agreement in another neutral location. C. Both parents shall make sure that the Child is transported in an appropriate car seat. d. Father shall have additional periods of physical custody of the Child as mutually agreed to. .• 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. It is recommended at both parents undergo a psychiatric evaluation and follow the recommendation from said evaluation. 9. Mother is directed to supply to Father a copy of the Child's social security card within two (2) weeks of the date of this Order. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. Additionally, both parties shall refrain from any alcohol consumption at least six hours before any periods of custody or transportation of the Child. 11. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. ZeD nbution: Adams, Esq. ah Herman Snyder, Esq. 01h n J. Mangan, Esq. Om, I 'es ry?,at LL s/1, lcq L KEITH A. EICHELBERGER, Plaintiff V. JAIME L. EICHELBERGER, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1527 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Angelique R. Eichelberger 01/11/2008 Primary Mother 2. A Conciliation Conference was held with regard to this matter on April 07, 2008, an Order issued May 12, 2008 and a Conciliation Conference was held April 28, 2009 with the following individuals in attendance: The Mother, Jaime L. Eichelberger, with her counsel, Hannah Herman Snyder, Esq. The Father, Keith A. Eichelberger, with his counsel, Jane Adams, Esq. 3. Mother's position on custody is as follows: Mother requests that the status quo with supervised contact between Father and Child continue, preferably at Alternative Behavioral Consultants or the YWCA in Harrisburg. Mother has concerns regarding Father's temper and his alleged propensity for violence. Mother maintains that Father has not followed through with getting a psychiatric evaluation. Mother has concerns that the counseling that Father has gotten is based on Father's self-reporting and that Mother has not had an opportunity for input regarding Father's behavior. Mother has concerns regarding the safety of Angelique when she would be in Father's care. Mother requests that Father continue with supervised contact until he completes a psychiatric evaluation that would indicate in the recommendation that Father's contact with Angelique be unsupervised. Mother indicates that she has started a psychiatric evaluation for herself. Mother opposes any unsupervised contact between Father and Child. 4. Father's position on custody is as follows: Father requests unsupervised contact with his daughter. The current situation with Father seeing his daughter at Mother's residence is not going well due to the extreme tension between Father and Mother and her parents. Father indicates that he has had supervised contact for almost one year and that he is ready to have unsupervised contact. Father indicates that he has participated in parenting skills instruction with Alternative Behavioral Consultants and has been issued a favorable report from ABC about his appropriate contact with his daughter. Additionally, Father indicates that he has attended and successfully completed individual counseling to address possible anger management issues. Father indicates that he did meet with a psychiatrist and there was no recommendation for further treatment. However, Father acknowledges that he does not have aN - ocr- rift b N anything in writing to indicate as such. Father currently lives by himself and states that his residence is appropriate for him to spend time with his daughter. Father, at this point is not requesting overnights, but hopes to do so in the near future. Father requests that he have quality unsupervised time with Angelique. Father asserts that Mother is simply putting up one blockade after another to thwart his contact with his daughter. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. 7 -!6 Date John J. gan, squire Cust y onciliator KEITH A. EICHELBERGER, Plaintiff VS. JAMIE L. EICHELBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1527 CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTINUANCE AND NOW comes, Petitioner, the above named Defendant, Jamie L. Eichelberger, by and through her attorney of record, Hannah Herman-Snyder, Esquire, and petitions the Court as follows: 1. Petitioner is the above named Defendant, Jamie L. Eichelberger, an adult individual currently residing at 202 York Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above named Plaintiff, Keith A. Eichelberger, an adult individual currently residing at 1010 Cranes Gap Road, Apt. 2, Carlisle, Cumberland County, Pennsylvania. 3. The parties are subject to an Order of Court, dated May 6, 2009, which established a new custody arrangement such that Respondent has gone from supervised to unsupervised periods of custody, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 4. A custody hearing is currently scheduled for June 15, 2009, and Petitioner believes that more time is necessary to adjust to the current arrangement and for the parties to see if they can work together in regards to a final resolution regarding the custody schedule. 5. The Honorable Edgar Bayley has been involved in this matter to the extent that he signed the Order of Court dated May 6, 2009. 6. The undersigned has spoken with opposing counsel, Jane Adams, Esquire, who concurs in Petitioner's request for a continuance. WHEREFORE, Petitioner requests this Honorable Court reschedule the hearing currently scheduled for June 15, 2009 for no earlier than July 15, 2009. Respectfully Submitted, Hannah Herman-Snyder, Esq 're Attorney for Defendant/Petitioner GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 247-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:-_):? MAY KEITH A. EICHELBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-1527 CIVIL ACTION LAW JAIME L. EICHELBERGER, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this day of May 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the I_?4k day of , . we , 2009 at 1 126 _2m&/pm in Courtroom number 2 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at.which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother shall be deemed to be the moving parry and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each parry's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal CustodX: The Father, Keith A. Eichelberger, and the Mother, Jaime L. Eichelberger shall have shared legal custody of Angelique R. Eichelberger, born 01/11/2008. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but.not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing April 30, 2009, Father shall have unsupervised physical custody of the Child every Monday and Thursday from 3:00 pm until 6:00 pm. b. The parents shall exchange custody of the Child in the Target parking lot in Carlisle, PA at the designated times. The parties may exchange custody by mutual agreement in another neutral location. C. Both parents shall make sure that the Child is transported in an appropriate car seat. d. Father shall have additional periods of physical custody of the Child as mutually agreed to. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. It is recommended at both parents undergo a psychiatric evaluation and follow the recommendation from said evaluation. 9. Mother is directed to supply to Father a copy of the Child's social security card within two (2) weeks of the date of this Order. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. Additionally, both parties shall refrain from any alcohol consumption at least six hours before any periods of custody or transportation of the Child. 11. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court, . J. Distribution: Jane Adams, Esq. Hannah Herman Snyder, Esq. John J. Mangan, Esq. N ? N ? 0 sl C Y era ? r , KEITH A. EICHELBERGER, Plaintiff Vs. JAMIE L. EICHELBERGER, Defendant MAY 2 2 2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1527 CIVIL ACTION - LAW' IN CUSTODY ORDER OF COURT wm AND NOW, this 10k day of May 2009, upon consideration of the attached Petition for Continuance, it is hereby ORDERED and DECREED that the hearing currently scheduled for June 15, 2009 is hereby continued to 044&(A o? ,100 a X. 67 A. , in Courtroom No. ? of the Cumberland County Courthouse. Cc: ? Jane Adams, Esquire Attorney for Plaintiff -Hannah Herman-Snyder, Esquire Attorney for Defendant c4F tes rnalL L f l f ?4? FILED-O FiCE OF ?f-IE PiRl", p,;r TPRY 2009 JUN 10 PM 3, 5 7 KEITH A. EICHELBERGER, PLAINTIFF V. JAMIE L. EICHELBERGER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :08-1527 CIVIL TERM ORDER OF COURT AND NOW, this rq day of September, 2009, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Keith A. Eichelberger and Jamie L. Eichelberger shall have shared legal custody of their daughter, Angelique R. Eichelberger, born July 11, 2008. (3) The mother shall have primary physical custody of Angelique. (4) The father shall have periods of temporary physical custody of Angelique as follows: (a) On the following weekends starting the Saturdays of September 26, October 10 and 24, from noon that Saturday to 7:00 p.m. on Sunday, and during each week following the overnight on Thursday from 4:00 p.m. to 7:00 p.m., and during each week before the overnight on Tuesday from 4:00 p.m. to 7:00 p.m. (b) Starting on the weekend of Friday, November 6, and every other weekend thereafter, from Friday at 4:00 p.m. through Sunday at 7:00 p.m., with the same weekday schedule as in subparagraph (a). (5) (a) The Christmas holiday shall be shared. Block "A" being Christmas Eve at 4:00 p.m. until Christmas Day at 2:00 p.m. and Block "B" being from Christmas Day at 2:00 p.m. until December 26 at 4:00 p.m. Mother shall have Block "A" in • 0% 2009 and all odd numbered years thereafter. Father shall have Block "B" in 2009 and all odd numbered years thereafter. Father shall have Block "A" in 2010 and all even numbered years thereafter. Mother shall have Block "B" in 2010 and all even numbered years thereafter. (b) Mother shall have Angelique every Mother's Day and the father shall have her every Father's Day. (6) Starting not earlier than June, 2010, and each year thereafter, the father shall have Angelique for any one consecutive week he is on vacation or otherwise not working. The father shall provide the mother not less than three weeks advanced notice of this week. (7) All transfers shall take place at the Carlisle Police Station. (8) The father or anyone else present during any time that he has Angelique shall not drink any alcoholic beverages. (9) The parents shall cooperate in attending some co-parenting counseling sessions together. ? Jane Adams, Esquire For Keith A. Eichelberger ,/ Hannah Herman-Snyder, Esquire For Jamie L. Eichelberger :sal i FILE,..? OF TH, F- ", 10NMARY 2009 SEA' 1 1 P 3: 4 0 cuk" ;•H f'' Mary A. Etter Dissinge%r, Esquire 28 North Thirty-Second Street Camp Hill, PA 17011 (717)975-2840 - Voice (717)975-3924 - Fax Keith A. Eichelberger, Respondent/Plaintiff VS. Jamie L. Heberlig, Petitioner/Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 08-1527 : CIVIL ACTION LAW : IN CUSTODY PETITION TO MODIFY CUSTODY And now comes Jamie Lynn Heberlig, (f.k.a. Jamie Lynn Eichelberger) by and through her counsel and in support of her Petition to Modify Custody avers as follows: 1. 2. 3 4 5. Petitioner/Defendant is Jamie Lynn Heberlig, who resides at 202 York Road, Carlisle, PA. Respondent/Plaintiff is Keith Allen Eichelberger, who resides at 8 Bentley Place, Carlisle, PA. This matter historically has been presided over by the Honorable Edgar B. Bayley. The most recent Order in this custody case (attached hereto as Exhibit "A") has been superceded by a PFA Order (copy attached as Exhib t "B"). I The Honorable Jud e Wesley Oler has been assigned to a PFA action filed by P titioner, with the assistance of Domestic 71P. 00 PA - # G,S? to Violence, on behalf of the minor child of the parties at Cumberland County Docket #1150-2008 Civil Term, PFA. 6 On March 12, 2008, by Agreement of the parties, The Honorable Judge Wesley Oler signed an Order of Protection against Respondent herein on behalf of Petitioner and the minor child of the parties, however, the Order permitted "Defendant shall have periods of visitation with the minor child at times agreed upon by the parties...." (See copy of Order attached as Exhibit "C".) 7 On or about August 25, 2009, while Respondent's visitation with the child was still supervised and prior to Respondent regaining his overnight visits with the child, Respondent informed his attorney that Joann Eichelberger, his former wife and his current significant other, would not pose a danger to the child, but that he did not suggest that the child be left in Joann's custody for any extended period of time. 8 On June 4, 2010, the pediatrician of the child wrote a note indicating that smoke and strong fragrances may aggravate the child's asthma. 9 On June 4, 2010, when Petitioner gave Respondent the pediatrician's note and instructions to keep smoke and strong fragrances away from the child due to her asthma, and Respondent's responded by laughing at Petitioner and saying "okay", as if shrugging it off as unimportant. 10 That day the chil returned home to Petitioner with a strong odor of smoke and perfume. i 11 Since the doctor's warnings, almost every time the minor child has returned from Respondent's custodial periods, she smells of smoke and perfume. 12 Repeated requests to Respondent prevent this have been unsuccessful. 13. The child has had a sore bottom or crotch since the Respondent's visits became unsupervised in May 2009. 14. Petitioner's first attempts to deal with the child's red and irritated bottom and crotch were to notify Respondent herein that the minor child was allergic to Huggies brand diapers and asked him to put only Pampers brand diapers on the child. 15 Once the child was potty-training, Respondent refused to help with potty-training and the child told Petitioner "Daddy said I'm a baby and I can piss and shit in my pants cause that's what babies do." 16 Once the child was potty-trained, Respondent punished the child if she had an accident in her pants. 17. Nonetheless, despite Petitioner's efforts to alleviate the discomforts of the minor child, the child continued to return from visits with Respondent with a sore bottom and/or crotch. 18. When the child was no longer in diapers from on or about July 2010, she co?tinued to return home from visits with Respondent complaiining that her crotch was sore. 19. The child has never complained to Petitioner herein that her crotch has been sore except on her return from visits with Respondent. 20. Since the late summer of 2010, the minor child of the parties has returned from custodial period with her father complaining that her crotch hurts her. 21. Upon examination by Petitioner of the child's crotch after several times of complaining, Petitioner herein noted that the child was red between her legs in her private area. 22. The minor child of the parties has on numerous occasions complained to Petitioner herein that "Daddy and Jo-Jo play with my pee-pee." 23. "Daddy" is Plaintiff/Respondent in this action and "Jo-Jo" is believed to be Respondent's ex-wife and now significant other, Joan Eichelberger. 24 The child has been instructed, by Respondent, to call Joann Eichelberger, "Mommy". 25. The child's reports to Petitioner on October 31, 2010, of two (2) adults, playing with the child's private area, caused Petitioner to go online and speak with an attorney on the internet that day. 26 On November 25, 2010, Respondent herein arrived at a custody exchange smelling',of alcohol. 27 When confronted about it, Respondent went into a rage, yelling at Petitioner and giving Petitioner an obscene finger gesture as he was leaving with the child. 28 Petitioner called the Pennsylvania State Police to respond to the situation and was informed by the Pennsylvania State Police that the child should not have been allowed to leave with Father since he was intoxicated. 29. Upon the recommendation of the Pennsylvania State Police, Petitioner has taken the minor child to the Carlisle Hospital Emergency Room upon complaint of her crotch hurting and the child's complaint that "Daddy and Jo-Jo play with my pee-pee." 30 On December 5, 2010, upon returning from a custodial visit with Respondent, the child complained that her pee-pee hurt, prompting Petitioner to take the child to Carlisle Regional Hospital Emergency Room for examination. 31 Diagnostic laboratory tests were performed with the results coming back as "abnormal". 32 Emergency Room staff contacted Cumberland County Children and Youth Services (hereinafter referred to as "CCCYS") and referred Petitioner to The Children's Resource Center. 33 On or about December 9, 2010, Alisa Clouse from CCCYS contacted Petitio er with an appointment date with The Children's Resou4e Center. i 34. Petitioner thereafter contacted CCCYS in regard to the child's allegations and was told that "CCCYS won't take the word of a two (2Y year old." 35. Petitioner is unable to have a conversation with Respondent about the minor child. 36. Since the entry of the first Custody Order, Respondent has never answered a single question about the child that Petitioner has asked of him. 37 Respondent uses an angry tone with Petitioner and yells at her when she attempts to communicate with him about the child. 38. Since the entry of the first Custody Order, Respondent has also laughed at and scoffed at Petitioner when she has tried to share information with him or get information from him about the child, and he has accused her of harassment in her efforts to communicate with him regarding their child. 39. Respondent filed a complaint with the Pennsylvania State Police alleging that Petitioner herein has harassed him, and that she engaged in other criminal activity. 40. Petitioner has been forced to defend those allegations. 41. It is impossible for Petitioner to deal with Respondent with regard to the minor child of the parties without fear of Respondent filingiadditional further criminal complaints. 42. On or about Janua?y 16, 2011, a red mark was noted on the minor child's belly and bruises were noted on the inside of her upper thighs dlose to her crotch, the bruises being on the inside of both legs. 43. The child spontaneously said "Kristen burnt me with her damn cigarette" in reference to the mark on her belly, and she stated that Daddy and Jo-Jo held her down hurting her legs on the inside of her thighs, by pinching her legs so they can look at her pee-pee. 44. When the child asserted she was burnt, held down and pinched, she was crying and scared. 45. On or about January 16, 2011, the child was seen in the Carlisle Hospital Emergency Room. 46. As a result of that visit, Petitioner believes that the hospital contacted CCCYS. 47 In January 2011, the child came home from Respondent's custodial period complaining of vaginal pain again. 48 On January 17, 2011, CCCYS case worker, Kelly Miller, went to Petitioner's home to take pictures and investigate. 49 On a visit from a case worker from CCCYS to Petitioner's home, the case worker stated in front of the child to Petitioner herein that the doctor cannot determine if the mark on the child"s belly was a burn or not. 50. The child promptl stated to the case worker, "Kristen burnt me with a cigaret e." I 51. The case worker *er mentioned "Kristen" and never mentioned "cigarette". 52. The child reportgd to another adult individual that her daddy said "Damn'Kristen, son of a bitch." 53. Petitioner is uncertain as to whether or not Kristen is in fact no longer in Respondent's home or she was simply absent for the last visit the child had at Father's home, but Kristen was not at Respondent's residence for the last visit the child had with Respondent. 54 On January 18, 2011, Petitioner received a letter from CCCYS that they would be investigating the allegations and would follow up with Petitioner later that week. 55 Petitioner never received any form of follow-up from CCCYS. 56 On January 30, 2011, the child returned from her custodial visit with her father with a mark on her back. 57. The child expressed that when she was struck by Joann Eichelberger who left the mark, it burned when she was struck. 58 Petitioner called' Carlisle Police Department upon the child's return, complaints and seeing a mark as left on her back. 59 Petitioner took the child On January 31, 2011, to the pediatrician's of ice. 60 On February 2, 20 1, Detective Collare of the Carlisle Police Department began an investigation as a result of the mark left on the child's back. 61 On February 17, 21011, upon returning from Respondent's custodial period, the child again complained that her vaginal area hurt. 62 Petitioner immediately took the child inside the Carlisle Police Department, where custody exchange occurs, where the child stated to Officer Vanvolkenburg and Detective Collare that her pee-pee hurts. 63. The child has reported to other adult individuals, related and unrelated to her, that after she visits to her Father's home, her private area hurts. 64. The child has been able to attend to her toilet needs since she has been out of diapers and there is no need for Respondent nor others to look at or touch the child's genital area. 65. The child has reported to Petitioner herein that her father will smother her and she will never see her mother again. 66. The child does not know what "smother" means but she is frightened when she says that she will never see her mother again. 67. The child has frequently reported to Petitioner herein that i she has been toldby Respondent that Petitioner, the child and everyone in Petitioner's home will die. 68 Respondent has told the child she will not see her mother again. 69. These comments by Respondent cause fear in the child and make her cry. 70 These comments by Respondent have incited such fear in the child that she is afraid to sleep in her own bed because the child has told Petitioner she is "afraid Daddy will come take me". 71. Since on or about December 2010, until the filing of a PFA action on behalf of the child, filed to Cumberland County docket 11-2032 Civil Action -PFA, the child has refused to go on custodial visits with her father. 72. Since December 2010, until the filing of a PFA action on behalf of the child, Petitioner herein has been able to persuade the child, despite her cries and clinging to Petitioner, to go with her father because her father might let her talk to Petitioner on the phone while the child is in Respondent's custodial care. 73. Respondent did not permit the child to speak with her mother during his custodial periods after December 2010. 74. After December 2010, the child refused to get dressed on the day of custodial exchanges when she was to go to her father's home. 75. Since December 2010, prior to custodial visits with her father, the child continued to ask what time it was and to express that she id not wish to go with her Father. 76. When the child returns from custodial periods with her father, she runs to her mother, clinging to her and cries. 77. CCCYS has recommended that Petitioner herein get counseling for the minor child. 78. CCCYS has indicated to Petitioner herein that Respondent will not agree to counseling for the minor child. 79 In February 2010, during a co-parenting counseling session, Respondent stated that "when she (the child) is in my custody, I will do damn well as I please." 80 During a co-parenting session, Father became irate, accused Petitioner and the co-parent counselor of harassing him and left, slamming the door, only to re-open the door and make a vulgar statement to Petitioner and the counselor, slam it again and leave the session completely. 81. Petitioner believes it is in the best interest of the child to suspend visits with Respondent until such time as counseling is completed with the minor child and Respondent is willing to assume responsibility for her well being and refrain from and prohibit others from viewing or touching the child's genital area. 82. Petitioner believes it is in the child's best interest to suspend visits with Father until such time as the child's physical and ment4l well being are assured. 83 Petitioner believes it is in the best interest of the child for Respondent to engage in anger management counseling. WHEREFORE, Petitioner herein respectfully requests that Father's custodial periods be suspended until the child's counseling is complete and until the safety, the physical and the mental well being of the child are assured. Respectfully Submitted, 0 Mary A.(Etter Dissinger ?r Attorney for Defendant/Movant Supreme Court ID # 27736 28 North Thirty-Second Street Camp Hill, PA 17011 (717)975-2840 - Voice (717)975-3924 - Fax VERIFICATION I, Jamie Lynn Heb?rlig, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. KEITH A. EICHELBERGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMIE L. EICHELBERGER, DEFENDANT .08-1527 CIVIL TERM ORDER OF COURT AND NOW, this 19 day of September, 2009, following a hearing on the merits, IT IS ORDER?D: (1) Ail prior custody q rders are vacated and replaced with this order. (2) Keith A. Eichelberger and Jamie L. Eichelberger shall have shared legal custody of their daughter, Angelique R. Eichelberger, born July 11, 2008. (3) The mother shall?have primary physical custody of Angelique. (4) The father shall have periods of temporary physical custody of Angelique as follows: (a) On the foll6wing weekends starting the Saturdays of September 26, October 10 and 24, from noon that Saturday to 7:00 p.m. on Sunday, and during each week following the overnight on Thursday from 4:00 p.m. to 7:00 p.m., and during each week before the overnight on Tuesday from 4:00 p.m. to 7:00 p.m. (b) Starting or1 the weekend of Friday, November 6, and every other weekend thereafter, from Friday at 4:00 p.m. through Sunday at 7:00 p.m., with the same weekday schedule as in subparagraph (a). (5) (a) The Christrj as holiday shall be shared. Block "A" being Christmas Eve at 4:00 p.m. until Day at 2:00 p.m. until 3tmas Day at 2:00 p.m. and Block "B" being from Christmas December 26 at 4:00 p.m. Mother shall have Block "A" in EXHIBIT A 2009 and all odd numbered years thereafter. Father shall have Block "B" in 2009 and all odd numbered years thereafter. Father shall have Block "A" in 2010 and all even numbered years thereafter. Mother shall have Block "B" in 2010 and all even numbered years thereafter. (b) Mother shah have Angelique every Mother's Day and the father shall have her every Father'Is Day. (6) Starting not earlier than June, 2010, and each year thereafter, the father shall have Angeiique for any one consecutive week he is on vacation or otherwise not working. The father shall provide the mother not less than three weeks advanced notice of this week. (7) All transfers shall take place at the Carlisle Police Station. (8) The father or anyone else present during any time that he has Angelique shall not drink any alcoholic beverages. (9) The parents shall cooperate in attending some co-parenting counseling sessions together. By th-6 Court Edgar B. Bayley, Jane Adams, Esquire For Keith A. Eichelberger Hannah Herman-Snyder, For Jamie L. Eichelberger :sal Esquire +Brat, I Mm t1 °to set tray ia8nw A Cam a? lcarvsie, PA ?MCROttd Temporary Protection From Abuse Order No: Pagel of 3 TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA 0 Amended Order 0 Continued Ordejr NO. 3 ci U 1. PLAINTIFF Jamie Lynn Heberli 2/25/1978 First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor child/ren and DOB. An eli a Renee Eichelber er January 11, 2008 V. DEFENDANT Keith Allen Eichelber er First Middle Last Suffix Defendant's Address: 8 Bently Place Carlisle PA 17013 CAUTION: O Weapon Involved 11 Weapon Present on the Property ? Weapon Ordered Relinquished DEFENDANT IDENTIFIERS DOB 3/6/1968 HEIGHT . ft.4 in. SEX Female WEIGHT 180 RACE White EYES Blue HAIR Red or Auburn SSN DRIVERS LICENSE # EXP DATE STATE The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: © Defendant shall not abuse. harass, stalk orlthreaten any of the above persons in any place where they might be found a Except for such contact with the minor chi d/ren as may be permitted under paragraph 4 of this order, Defendant shall not contact Plaintiff, or any other per on protected under this order, by telephone or by any other means. including through third persons. © Additional findings of this order are set fofth below. Order Effective Date Order Expiration Date Defendant is hereby notified that violation of this order may six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff modified through the filing of appropriate court papers for th ammunition or any firearm license, those items must be relin relinquish any firearm, other weapon or ammunition listed h, safekeeping permit. If, due to their current location, firearms Defendant shall provide an affidavit to the sheriff listing the this order. Defendant is further notified that violation of this federal charges and penalties under the Violence Against Wr OTICE TO THE DEFENDANT suit in arrest for indirect criminal contempt, which is punishable by a fine of up to 51,000 and'or up to Defendant's return to the residence shall not invalidate this order, which can only be changed or purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may in to a third party provided Defendant and the third party first comply with all requirements to obtain a then weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, earms, other weapons or ammunition and their current location no later than 24 hours after the service of der may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to en Act, 18 U.S.C. § § 2261-2262. EXHIBIT https://www.pfad.state-pa.us/PFADLive erID=359064&cmdMov... 2/18/2011 Temporary Protection From Abuse Order No: Page 2 of 3 AND NOW, on 18th Day of February, 2011 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, hara$s, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor children as may be permitted under paragraph 4 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plainti f s or other protected party's school, business, or place of employment. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this order, Defendant shall not contai, t Plaintiff, or any other person protected under this order, by telephone or by any other meani, including through third persons. 4. CUSTODY THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Angelique Renee Eichelberger The local law enforcement agen y in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this order. 5. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police - Carlisle Barracks 6. The sheriff, police or other law Inforcement agencies are directed to serve Defendant with a copy of the petition, any order is, ued, and the order for hearing. Petitioner will inform the designated authority of any addr sses, other than Defendant's residence, where Defendant can be served. 7. THIS ORDER APPLIES IMME IATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARY 8, 2014 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTXCE TO THE DEFENDANT Defendant is hereby notified that vio ation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plainti f to Defendant's return to the residence shall not invalidate this order, which can only be change or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 610 (g). If Defendant is required to relinquish any firearms, https://www.pfad.state.pa.usIPFADLiveltemporder.asp?TempOrderID=3 59064&cmdMov... 2/18/2011 Temporary Protection From Abuse Order No: Page 3 of 3 other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the servico of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammu ition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other we pons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant hall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pe sylvania Crimes Code and to federal charges and penalties under the Violence Against WomenlAct, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the Oolice department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violatds Paragraphs 1 through 4 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or! sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defend nt's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose offider or sheriff made the arrest. Distribution to: Legal Services Transmitted to PSP DVS -Balked Sheriff for Service dgigred aI ?B/b? V' v Judge Date https://w-ww.pfad.state.pa.usIPFADLiveltemporder.asp?TempOrderID=3 59064&cmdMov... 2/18/2011 Jamie Lynn Eichelberger, and minor child Angelique Renee Eichelberger, Plaintiffs V. Keith Allen Eichelberger Defendant IN TH"FE COURT OF CO?INION PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA No. 2008 -1150 CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Keith Allen Eichelberger Defendant's Date of Birth: March 6, 1968 Defendant's Social Security Number: 192-54-3405 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Jamie Lynn Eichelberger February 25, 1978 2. Angelique Renee Ejichelberger January 11, 2008 Plaintiff or Protected Person(s) is/are: [X] spouse or former jspouse of Defendant [X] parent of a child 4vith Defendant [X] current or formersexual or intimate partner with Defendant [X] child of Plaintiff [X] child of Defendant [ ] family member r?lated by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person w o shares parenthood) of Defendant [X] current or former lcohabitant (person who lives with) :Defendant. Defendant was served in'accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date a d location of the hearing scheduled in this matter. EEXHIBIrTr C Appearances by Parties and,/or Counsel: • Plaintiff appeared personally and is represented by: Jessica H lst, Esquire • Defendant appeared personally and is represented by: Jane Ada s, Esquire AND NOW, this 11th D*y of March, 2008 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: This order is entered by agreement without an admission. Without regard as to how the order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse'Act. --Plaintiffs requjest- for-afinal-proteetion order-is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected !person in any place where they might be found. 2. Except as provided in aragraph 4 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 3. Except as provided in paragraph 4 of this order, Defendant shall not contact Plaintiff, eithet directly or indirectly, or any other person protected under this order, by telephone or by any other means, including through third persons. 4. Temporary custody of?the minor children: 1. Angelique Re? ee Eichelberger i shall be as follows: i • Defendant sh 11 have periods of visitation with the minor child at times agreed upon by the parties. Non-harassing, non-threatening contact between the parties regarding cus ody and/or visitation shall not be deemed a violation of th s order. 5. The following additional relief is granted as authorized by §6108 of the Act: Defendant is prohibite from stalking, as defined in 18 Pa.C.S.A. § 2709.1, or harassing, as define in 18 Pa.C.S.A. § 2709. the following family and household members ofd Plaintiff: Name Relationship Address James and Darlene Hdberlig Parents Defendant shall not estroy, damage or otherwise dispose of any property owned solel1 by Plaintiff or owned jointly by the parties. 6. A certified copy of thi Order shall be provided to the police department where Plaintiff residesiand any other agency specified hereafter: North Middleton To nship Police Department Pennsylvania State P lice, Carlisle Barracks 7. All provisions of this order shall expire in 3 years on March 11, 2011. NOTICE TO THE DEFENDANT VIOLATION OF THIS RDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY AL $O SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTI S UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION; OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT. WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER 'EAPONS AND AM)vIUNITION TO THE SHERIFF. PLAINTIFFS CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALI ATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURT ER ORDER OF COURT. 23 Pa.C.S.A. § 6108(8). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND ?NITENTIONALLY VIOLATE THIS ORDER. YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY E CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENN YLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO SHERIFF, ?OLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiffs residence OR any location where a vi lation of this order occurs OR where: Defendant may be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal conte pt proceeding, either in the county where the violation occurred or w ere this protective order was entered. An arrest for violation of paragraphs through 4 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall s ize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protecti n order or during prior incidents of Ise and any other firearms in Defendar' • possession. The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition until further order of this court. Defendant shall be When Defendant is placed ands arrest for violation of this order, taken to the appropriate authorit,v or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer, she iff OR Plaintiff. Plaintiffs presence and signature are not required to file the complain . If sufficient grounds for vio bond set, if appropriate and z of this order are alleged, Defendant shall be arraigned, parties given notice of the date of the hearing. BY THE CQUR Date Entered pursuant to Lynn Eichelberger, ff .1z Cyk(offrey M. Biringer Jessica Hoist Attorney for Plaintiff MidPenn Legal Services 401 East Louther Street' Carlisle PA 17013 'Edgar consent of Plaintiff and Defendant: ?,r--~? ~l Allen Eichelber Date Defendant Date Jane'Adams Date Avomey for Defendant 17 West South Street Carlisle, PA 17013 Digtribution to: MidPenn Legal Services, Attorney fOr Plaintiff Jane Adams, Esquire Faxed and Mailed to PSP ,j A h- t .?C'?? s i ?l1d x 9 ( C'i sa.;d Cot!!l at Cadisle, >=a. i. Y. Keith A. Eichelberger, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. 08-1527 Jamie L. Heberlig, j CIVIL ACTION LAW Defendant : IN CUSTODY OERTIFICATE OF SERVICE I, Mary A. Etter pissinger, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon counsel of record for Defendant, Jane Adams, Esquire, by depositing same in the United States Mail, postage prepaid, addressed as follows: i Jane Adams, Esq. 117 West South Street I Carlisle, PA 17013 i Date: 3 /0 Mary A. Etter Dissinger, Esq. 0 Mary A. Etter Dissinger, Esquire 28 North Thirty-Second Street Camp Hill, PA 17011 (717)975-2840 - Voice (717)975-3924 - Fax ;P n? ism, Keith A. Eichelberger, Respondent/Plaintiff VS. Jamie L. Heberlig, Petitioner/Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 08-1527 CIVIL ACTION LAW IN CUSTODY EMERGENCY PETITION TO MODIFY CUSTODY And now comes Jamie Lynn Heberlig, (f.k.a. Jamie Lynn Eichelberger) by and through her counsel and in support of her Emergency Petition to Modify Custody avers as follows: 1. Petitioner/Defendant is Jamie Lynn Heberlig, who resides at 202 York Road, Carlisle, PA. 2. Respondent/Plaintiff is Keith Allen Eichelberger, who resides at 8 Bentley Place, Carlisle, PA. 3. This matter historically has been presided over by the Honorable Edgar B. Bayley. 4 The most recent Order in this custody case (attached hereto as Exhibit "A") has been superceded by a PFA Order (copy attached as Exhibit "B"). 5. The Honorable Jude Wesley Oler has been assigned to a PFA action filed by P titioner, with the assistance of Domestic Violence, on behalf of the minor child of the parties at Cumberland County Docket #1150-2008 Civil Term, PFA. z - 00'w/ - a# ell ? -4 e ? s-4 /7L'.6- 6 On March 12, 2008r by Agreement of the parties, The Honorable Judge Wesley Oler signed an Order of Protection against Respondent herein on behalf of Petitioner and the minor child of the parties, however, the Order permitted "Defendant shall have periods of visitation with the minor child at times agreed upon by the parties...." (See copy of Order attached as Exhibit "C".) 7 On or about August 25, 2009, while Respondent's visitation with the child was still supervised and prior to Respondent regaining his overnight visits with the child, Respondent informed his attorney that Joann Eichelberger, his former wife and his current significant other, would not pose a danger to the child, but that he did not suggest that the child be left in Joann's custody for any extended period of time. 8 On June 4, 2010, the pediatrician of the child wrote a note indicating that smoke and strong fragrances may aggravate the child's asthma. 9 On June 4, 2010, when Petitioner gave Respondent the pediatrician's note and instructions to keep smoke and strong fragrances away from the child due to her asthma, and Respondent's responded by laughing at Petitioner and saying "okay", as if shrugging it off as unimportant. 10 That day the child returned home to Petitioner with a strong odor of smoke and perfume. I 11 Since the doctor' warnings, almost every time the minor child has returne from Respondent's custodial periods, she smells of smoke a rd perfume. 12 Repeated requests!,to Respondent prevent this have been unsuccessful. 13. The child has had a sore bottom or crotch since the Respondent's visits became unsupervised in May 2009. 14. Petitioner's first attempts to deal with the child's red and irritated bottom and crotch were to notify Respondent herein that the minor child was allergic to Huggies brand diapers and asked him to put only Pampers brand diapers on the child. 15 Once the child was potty-training, Respondent refused to help with potty-training and the child told Petitioner "Daddy said I'm a baby and I can piss and shit in my pants cause that's what babies do." 16 Once the child was potty-trained, Respondent punished the child if she had an accident in her pants. 17. Nonetheless, despite Petitioner's efforts to alleviate the discomforts of the minor child, the child continued to return from visits with Respondent with a sore bottom and/or crotch. 18. When the child was no longer in diapers from on or about July 2010, she continued to return home from visits with Respondent complaining that her crotch was sore. 19. The child has nev r complained to Petitioner herein that her crotch has been s re except on her return from visits with Respondent. 20. Since the late su er of 2010, the minor child of the parties has retur ed from custodial period with her father complaining that her crotch hurts her. 21. Upon examination by Petitioner of the child's crotch after several times of complaining, Petitioner herein noted that the child was red between her legs in her private area. 22. The minor child of the parties has on numerous occasions complained to Petitioner herein that "Daddy and Jo-Jo play with my pee-pee." 23. "Daddy" is Plaintiff/Respondent in this action and "Jo-Jo" is believed to be Respondent's ex-wife and now significant other, Joan Eichelberger. 24 The child has been instructed, by Respondent, to call Joann Eichelberger, "Mommy". 25. The child's reports to Petitioner on October 31, 2010, of two (2) adults, playing with the child's private area, caused Petitioner to go online and speak with an attorney on the internet that day. 26 On November 25, 2010, Respondent herein arrived at a custody exchange smelling of alcohol. 27 When confronted about it, Respondent went into a rage, yelling at Petitioner and giving Petitioner an obscene finger gesture as he was leaving with the child. 28 Petitioner called the Pennsylvania State Police to respond to the situation and was informed by the Pennsylvania State Police that the c ild should not have been allowed to leave with Father since he was intoxicated. 29. Upon the recommendation of the Pennsylvania State Police, Petitioner has taken the minor child to the Carlisle Hospital Emergency Room upon complaint of her crotch hurting and the child's complaint that "Daddy and Jo-Jo play with my pee-pee." 30 On December 5, 2010, upon returning from a custodial visit with Respondent, the child complained that her pee-pee hurt, prompting Petitioner to take the child to Carlisle Regional Hospital Emergency Room for examination. 31 Diagnostic laboratory tests were performed with the results coming back as "abnormal". 32 Emergency Room staff contacted Cumberland County Children and Youth Services (hereinafter referred to as "CCCYS") and referred Petitioner to The Children's Resource Center. 33 On or about December 9, 2010, Alisa Clouse from CCCYS contacted Petitioner with an appointment date with The Children's Resource Center. 34. Petitioner thereafter contacted CCCYS in regard to the child's allegations and was told that "CCCYS won't take the word of a two (2) year old." 35. Petitioner is unable to have a conversation with Respondent about the minor child. 36. Since the entry o never answered a Petitioner has as 37 Respondent uses a. her when she attei child. f the first Custody Order, Respondent has ingle question about the child that ed of him. angry tone with Petitioner and yells at pts to communicate with him about the 38. Since the entry of the first Custody Order, Respondent has also laughed at and scoffed at Petitioner when she has tried to share information with him or get information from him about the child, and he has accused her of harassment in her efforts to communicate with him regarding their child. 39. Respondent filed a complaint with the Pennsylvania State Police alleging that Petitioner herein has harassed him, and that she engaged in other criminal activity. 40. Petitioner has been forced to defend those allegations. 41. It is impossible for Petitioner to deal with Respondent with regard to the minor child of the parties without fear of Respondent filing additional further criminal complaints. 42. On or about January 16, 2011, a red mark was noted on the minor child's belly and bruises were noted on the inside of her upper thighs close to her crotch, the bruises being on the inside of both legs. 43. The child spontaneously said "Kristen burnt me with her damn cigarette" in reference to the mark on her belly, and she stated that Daddy and Jo-Jo held her down hurting her legs on the inside of her thighs, by pinching her legs so they can look at her pee-pee. 44. When the child as$erted she was burnt, held down and pinched, she was prying and scared. 45. On or about Janua y 16, 2011, the child was seen in the Carlisle Hospital Emergency Room. 46. As a result of thot visit, Petitioner believes that the hospital contacted CCCYS. 47 In January 2011, the child came home from Respondent's custodial period complaining of vaginal pain again. 48 On January 17, 2011, CCCYS case worker, Kelly Miller, went to Petitioner's home to take pictures and investigate. 49 On a visit from a case worker from CCCYS to Petitioner's home, the case worker stated in front of the child to Petitioner herein that the doctor cannot determine if the mark on the child's belly was a burn or not. 50. The child promptly stated to the case worker, "Kristen burnt me with a cigarette." 51. The case worker never mentioned "Kristen" and never mentioned "cigarette". 52. The child reported to another adult individual that her daddy said "Damn Kristen, son of a bitch." 53. Petitioner is uncertain as to whether or not Kristen is in fact no longer in Respondent's home or she was simply absent for the last visit the child had at Father's home, but Kristen was not at Respondent's residence for the last visit the child had with Respondent. 54 On January 18, 2011, Petitioner received a letter from CCCYS that they would by investigating the allegations and would follow up with Pe itioner later that week. 55 Petitioner never eceived any form of follow-up from CCCYS. 56 On January 30, 20j11, the child returned from her custodial visit with her father with a mark on her back. 57. The child expressed that when she was struck by Joann Eichelberger who left the mark, it burned when she was struck. 58 Petitioner called Carlisle Police Department upon the child's return, complaints and seeing a mark as left on her back. 59 Petitioner took the child On January 31, 2011, to the pediatrician's office. 60 On February 2, 2011, Detective Collare of the Carlisle Police Department began an investigation as a result of the mark left on the child's back. 61 On February 17, 2011, upon returning from Respondent's custodial period, the child again complained that her vaginal area hurt. 62 Petitioner immediately took the child inside the Carlisle Police Department, where custody exchange occurs, where the child stated to Officer Vanvolkenburg and Detective Collare that her pee-pee hurts. 63. The child has reported to other adult individuals, related and unrelated to her, that after she visits to her Father's home, her private area hurts. 64. The child has been able to attend to her toilet needs since she has been out of diapers and there is no need for Respondent nor others to look at or touch the child's genital area. 65. The child has reported to Petitioner herein that her father will smother her and she will never see her mother again. 66. The child does not know what "smother" means but she is frightened when she says that she will never see her mother again. 67. The child has frequently reported to Petitioner herein that she has been told by Respondent that Petitioner, the child and everyone in Petitioner's home will die. 68 Respondent has told the child she will not see her mother again. 69. These comments by Respondent cause fear in the child and make her cry. 70 These comments by Respondent have incited such fear in the child that she is afraid to sleep in her own bed because the child has told Petitioner she is "afraid Daddy will come take me". 71. Since on or about December 2010, until the filing of a PFA action on behalf of the child, filed to Cumberland County docket 11-2032 Civil Action -PFA, the child has refused to go on custodial visits with her father. 72. Since December 20 behalf of the chi persuade the chil Petitioner, to go let her talk to P, in Respondent's c- 10, until the filing of a PFA action on d, Petitioner herein has been able to despite her cries and clinging to with her father because her father might titioner on the phone while the child is stodial care. 73. Respondent did not permit the child to speak with her mother during his custodial periods after December 2010. 74. After December 2010, the child refused to get dressed on the day of custodial exchanges when she was to go to her father's home. 75. Since December 2010, prior to custodial visits with her father, the child continued to ask what time it was and to express that she did not wish to go with her Father. 76. When the child returns from custodial periods with her father, she runs to her mother, clinging to her and cries. 77. CCCYS has recommended that Petitioner herein get counseling for the minor child. 78. CCCYS has indicated to Petitioner herein that Respondent will not agree to counseling for the minor child. 79 In February 2010, during a co-parenting counseling session, Respondent stated that "when she (the child) is in my custody, I will do damn well as I please." 80 During a co-parenting session, Father became irate, accused Petitioner and the co-parent counselor of harassing him and left, slamming thq door, only to re-open the door and make a vulgar statement ?o Petitioner and the counselor, slam it again and leave tie session completely. 81. Petitioner believ?s it is in the best interest of the child to suspend visits with Respondent until such time as counseling is completed with the minor child and Respondent is willing to assume responsibility for her well being and refrain from and rohibit others from viewing or touching the child's genital area. 82. Petitioner believes it is in the child's best interest to suspend visits with Father until such time as the child's physical and mental well being are assured. 83 Petitioner believes it is in the best interest of the child for Respondent to engage in anger management counseling. WHEREFORE, Petitioner herein respectfully requests that Father's custodial periods be suspended until the child's counseling is complete and until the safety, the physical and the mental well being of the child are assured. Respectfully Submitted, Mary A. Etter Dissinger v Attorney for Defendant/Movant Supreme Court ID # 27736 28 North Thirty-Second Street Camp Hill, PA 17011 (717)975-2840 - Voice (717)975-3924 - Fax VERIFICATION I, Jamie Lynn Heberlig, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. KEITH A. EICHELBERGER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMIE L. EICHELBERGEk, DEFENDANT .08-1527 CIVIL TERM ORDER OF COURT AND NOW, this 1!j day of September, 2009, following a hearing on the merits, IT IS ORDEkED: (1) All prior custody orders are vacated and replaced with this order. (2) Keith A. Eichelberger and Jamie L. Eichelberger shall have shared legal custody of their daughter, Angelique R. Eichelberger, born July 11, 2008. (3) The mother shall have primary physical custody of Angelique. (4) The father shalllhave periods of temporary physical custody of Angelique as follows: (a) On the fallowing weekends starting the Saturdays of September 26, October 10 and 24, from noon that Saturday to 7:00 p.m. on Sunday, and during each week followings the overnight on Thursday from 4:00 p.m. to 7:00 p.m., and during each week b0fore the overnight on Tuesday from 4:00 p.m. to 7:00 p.m. (b) Starting on the weekend of Friday, November 6, and every other weekend thereafter, from Friday at 4:00 p.m. through Sunday at 7:00 p.m., with the same weekday sichedule as in subparagraph (a). (5) (a) The Christmas holiday shall be shared. Block "A" being Christmas Eve at 4:00 p.m. until Christmas Day at 2:00 p.m. and Block "B" being from Christmas Day at 2:00 p.m. unti December 26 at 4:00 p.m. Mother shall have Block "A" in EXHIBIT A 2009 and all odd nunbered years thereafter. Father shalt have Block "B" in 2009 and all odd numbered years thereafter. Father shall have Block "A" in 2010 and all even numbered years thereafter. Mother shall have Block "B" in 2010 and all even numbered years; thereafter. (b) Mother shall have Angelique every Mother's Day and the father shall have her every Fathor's Day. (6) Starting not earlier than June, 2010, and each year thereafter, the father shall have Angelique for any one consecutive week he is on vacation or otherwise not working. The father shall provide the mother not less than three weeks advanced notice of this week. (7) All transfers shall take place at the Carlisle Police Station. (8) The father or an?one else present during any time that he has Angelique shall not drink any alcoholic beverages. (9) The parents shall cooperate in attending some co-parenting counseling sessions together. Jane Adams, Esquire For Keith A. Eichelberger Hannah Herman-Snyder, l squire For Jamie L. Eichelberger ? sal f ewt. i hire w!to set my harx ?,j z wd Stky- w: Z?d as CarUsla, ft i?aMraneta Temporary Protection From Abuse Order No: Page 1 of 3 TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA Amended Order El Continued Oder NO. cl v First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons. including minor child/ren and DOB. Ange ique Renee Eichelberger January 11, 2008 V. First Middle Last Defendant's Address: 8 Bently Place Carlisle PA 17013 CAUTION: 0 Weapon Involved ? Weapon Present on the Property Weapon Ordered Relinquished Suffix DEFENDANT IDENTIFIERS DOB 3/6/1968 HEIGHT 6 ft. 4 in. SEX Female WEIGHT 180 RACE White EYES Blue HAIR Red or Auburn SSN DRIVERS LICENSE # EXP DATE STATE The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard!, The Court Hereby Orders: ® Defendant shall not abuse. harass, stalk or threaten any of the above persons in any place where they might be found. © Except for such contact with the minor Ohild/ren as may be permitted under paragraph 4 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means. including through third persons. © Additional findings of this order are set forth below. Order Effective Date Order Expiration Date Defendant is hereby notified that violation of this order m; six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plainti modified through the filing of appropriate court papers for ammunition or any firearm license, those items must be rel relinquish any firearm, other weapon or ammunition listed safekeeping permit. If, due to their current location, fsrew Defendant shall provide an affidavit to the sheriff listing it this order. Defendant is further notified that violation of th federal charges and penalties under the Violence Against % https://www.pfad.state-pa-us/PFADLi NOTICE TO THE DEFENDANT result in arrest for indirect criminal contempt, which is punishable by a fine of up to S1,000 and-'or up to to Defendant's return to the residence shall not invalidate this order, which can only be changed or iat purpose. 23 Pa.C.S.A. $ 6108 (g). If Defendant is required to relinquish any firearms, other weapons or squished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may erein to a third party provided Defendant and the third party first comply with all requirements to obtain a other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, firearms, other weapons or ammunition and their current location no later than 24 hours after the service of order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to >men Act, 18 U.S C ¢ § 2261-2262. EXHIBIT -?a_ ID=3 59064&c mdMov... 2/18/2011 Temporary Protection From Abuse Order No: Page 2 of 3 AND NOW, on 18th Day of February, 2011 upon consideration of the attached Petition for Protection from Abuse, the court thereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with he minor children as may be permitted under paragraph 4 of this order, Defendant is prohibite from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 3. Except for such contact with the minor child/ren as may be penmitted under paragraph 4 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 4. CUSTODY THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY. Pending the outcome of the finial hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/*: 1. Angelique Renee Eich?lberger I The local law enforcement ag ncy in the jurisdiction where the child/ren are located shall ensure that the child/ren are pllaced in the care and control of Plaintiff in accordance with the terms of this order. 5. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State Police - Carlisle Barracks i I 6. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUAR 18, 2014 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NO ICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plain iff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, https://,A-ww.pfad.state.pa.us/PFADLi ve/temporde.asp?TempOrderID=359064&cmdMov... 2/18/2011 Temporary Protection From Abuse Order No: Page 3 of 3 other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or am unition listed herein to a third party provided Defendant and the third party first comply with all r uirements to obtain a safekeeping permit. If, due to their current location, firearms, other eapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defenda it shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition an their current location no later than 24 hours after the service of this order. Defendant is further no ified that violation of this order may subject him/her to state charges and penalties under the P nnsylvania Crimes Code and to federal charges and penalties under the Violence Against Womon Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF,IPOLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by tl• Plaintiffs residence OR any local may be located. If Defendant viol arrested on the charge of indirect made without warrant, based sole in the presence of a police officer police department or sheriff who has jurisdiction over )n where a violation of this order occurs OR where Defendant tes Paragraphs 1 through 4 of this order, Defendant shall be riminal contempt. An arrest for violation of this order may be y on probable cause, whether or not the violation is committed >r sheriff. Subsequent to an arrest, the law e forcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defe dant's possession which were used or threatened to be used during the violation of the protecti n order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the fit}earms, other weapons and ammunition until further order of this court, unless the weapon/s are;evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. Distribution to: Legal Services Transmitted to PSP DVS -calked Sheriff for Service dgivered a'l8?bxg pw?' V ' v Judge rLb TS a ( l Date https://www.pfad.state.pa. usIPFADLi *ltemporder.asp?TempOrderlD=359064&cmdMov... 2/18/2011 Jamie Lynn Eichelberger, and minor child. : I? THE- COURT OF COMMON Angetique Renee Eichelberger. : PLEAS Of Plaintiffs : CUMBERLAND COliNTY. PENNSYLVANIA No. 2003 -1150 V. Keith Allen Eichelberger' . CIVIL ACTION - LAW Defendant :PROTECTION FROM ABUSE FINAL ORDER OF LOUR"C Defendant's Name: K ith Allen Eichelberger Defendant's Date of B rth: March 6, 1968 Defendant's Social Se urity Number: 192-54-3405 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Jamie Lynn Eic lelberger February 25, 1978 2. Angetique Renee Eichelberger January 11, 2008 Plaintiff or Protected } erson(s) is/are: [X] spouse or form r spouse of Defendant [X] parent of a chili with Defendant [X] current or form?r sexual or intimate partner with Defendant [X] child of Plaintitf [X] child ofDefen4nt [ ) family memberjrelated by blood (consanguinity) to Defendant [ ) family memberjrelated by marriage or affinity to Defendant [ ] sibling (person hVho shares parenthood) of Defendant [X] current or form?r cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. EEXHIBrr Appearances by Partied and/or COLinsei: • Plaintiff appeared personally and is represented by: Jessica olst, Esquire • Defend nt appeared personally and is represented by: Jane A ams, Esquire AND NOW, this 11th bay of March, 2008 the court having jurisdiction over the parties and the subject-matter. it is ORDERED, ADJUDGED and DECREED as follows:'. i This order is entered by agreement without an admission. Without regard as to how the order was entered, this it a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. --Plaintiff s re4uest- for- a final-protee-tion order-is granted. 1. Defendant shall not buse, stalk, harass, threaten or attempt to use physical force that would rea'onably be expected to cause bodily injury to Plaintiff or any other protect d person in any place where they might be found. 2. Except as provided in Paragraph 4 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person rotected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 3. Except as provided in paragraph 4 of this order, Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this order, by Itelephone or by any other means, including through third persons. 4. Temporary custody 'of the minor children: 1. Angelique ?enee F,ichelberger shall be as follows: • Defendant hall have periods of visitation with the minor child i at times agroed upon by the parties. Non-harassing, non-threatening contact between the parties regarding c stody and/or visitation shall not be deemed a violation of?his order. 5. The following additional relief is granted as authorized by §6108 of the Act: Defendant is prohibi ed from stalking, as defined in 18 Pa.C.S.A. § 2709.1, or harassing, as defined in 18 Pa.C.S.A. § 2700. the following family and household members pf Plaintiff: Name Relationship Address James and Darlene keberlig Parents Defendant shall noti destroy, damage or otherwise dispose of any property owned solely by Plaintiff or owned jointly by the parties. 6. A certified copy oft is Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: North Middleton T wnship Police Department Pennsylvania State olice, Carlisle Barracks 7. All provisions of thi? order shall expire in 3 years on March 11, 2011. NOTICE TO THE DEFENDANT VIOLA"PION OF THI: THE CHARGE OF IN PUNISHABLE BY A SENTENCE OF UP T, VIOLATION MAY A CRIMINAL PENALT > ORDER MAY RESULT IN YOUR ARREST ON DIRECT CRIMINAL CONTEMPT WHICH IS F INF. OF UP TO $ 1,000 AND/OR A JAIL ) SIX MONTHS. 23 PA.C.S.A. §611.4. .SO SUBJECT YOU TO PROSECUTION AND ES CINDER THE PENNSYLVANIA CRIMES CODE. A VIOLATI N OF THIS ORDER MAY' RESULT IN THE REVOCATION OF HE SAFEKEEPING PERMIT. WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREAR:NIS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FUR HER ORDER OF COURT. 23 Pa.C.S.A. § 6108(8). THIS ORDER IS EN ORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COL MBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN CT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AN INTENTIONALLY" VIOLATE THIS ORDER, YOU MAY BE SUB ECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MA BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PE SYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(8)(8) NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where: Defendant may be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or 'here this protective order was entered. An arrest for violation of paragraph I through 4 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the po ice or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protec ion order or during prior incidents of ise and any other firearms in Defendar" • possession. The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition until further order of this court. When Defendant is placed un er arrest for violation of this order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and signature are not required to file the compl int. If sufficient grounds for viola 'on of this order are alleged, Defendant shall be arraigned, bond set, if appropriate and b th parties given notice of the date of the hearing. BY THE COURT Date 'Edgar B. yley, Judge G Entered pursuant to consent of Plaintiff and Defendant: i' Allen Eichelber Date Defendant ff Et -3- G-k(offrey M. Biringer Jessica Hoist Attorney for "Plaintiff MidPenn Legal Services 401 *East Louther Street' Carlisle PA 17013 12 Date Jane`Adams Date .Attorney for Defendant 17 West South Street Carlisle, PA 17013 DisWbution to: MidPenn Legal Services, Attorney Jane Adams, Esquire Faxed and Mailed to PSP Plaintiff WE COPY FROLA 90CORn ; to Toomorlyw :..s oaf, ..... 1110 $v. and x t o said court at Carlisle, Pa. 9&?b?- - Keith A. Eichelberger, Plaintiff VS. Jamie L. Heberlig, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 08-1527 CIVIL ACTION LAW IN CUSTODY OF SERVICE I, Mary A. Etter a copy of the foregoin counsel of record for depositing same in the addressed as follows: pissinger, Esquire , do hereby certify that document has been duly served upon efendant, Jane Adams, Esquire, by United States Mail, postage prepaid, Jane Adams, Esq. 17 West South Street Carlisle, PA 17013 Date: j Mary Etter Dissinger KEITH A. EICHELBERGER IN THE COURT OF COMMON PLEAS OF Y, r PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAI -° V. 2008-1527 CIVIL ACTION LAW -v JAMIE L. HEBERLIG IN CUSTODY DEFENDANT T ORDER OF COURT AND NOW, _ Wednesday, March 16, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 28, 2011 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Hubert X. Gilro Es q. 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. 3_4 - P W1 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Gd `"? Telephone (717) 249-3166 ivgt?x Mary A. Etter Dissinger, Esquire 28 North Thirty-Second Street Camp Hill, PA 17011 (717)975-2840 - Voice (717)975-3924 - Fax 11 ?? .! 1 1111 t R[ 6 1 I I I q I"! 1' y , Keith A. Eichelberger, Respondent/Plaintiff VS. Jamie L. Heberlig, Petitioner/Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 08-1527 CIVIL ACTION LAW IN CUSTODY PRAECIPE TO WITHDRAW PETITIONS To the Prothonotary: Please withdraw the following Motions filed on behalf of Petitioner/Defendant in the above matter: 1. Petition to Modify Custody - filed March 10, 2011 2. Emergency Petition to Modify Custody - filed March 10, 2011 Respectfully Submitted: Mary A. Etter Dissinger Attorney for Petitioner Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717)975-2840 - voice (717)975-3924 - Fax Keith A. Eichelberger, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. 08-1527 Jamie L. Heberlig, CIVIL ACTION LAW Petitioner/Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon counsel of record for Defendant, Jane Adams, Esquire, by depositing same in the United States Mail, postage prepaid, addressed as follows: Jane Adams, Esq. 17 West South Street Carlisle, PA 17013 c -- ?_ Date: Mary A. Etter Dissinger, Esq. KEITH A. EICHELBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JAMIE L. HEBERLIG, NO. 2008-1527 ' E Defendant IN CUSTODY ORDER d? AND NOW, this day of March, 2011, the Conciliator being advised the Plaintiff has withdrawn the petition and the conciliation is no longer needed, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Esquire Custody Conciliator KEITH A. EICHELBERGER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. Cl) o NO. 08 - 1527 CIVIL TERM =-n JAIME L. EICHELBERGER M Defendant IN CUSTODY -0 M =0 PETITION FOR MODIFICATION Ta" C) S r. X - C) AND NOW COMES, Petitioner, Keith A. Eichelberger, by and through is rv cn -< Attorney, Jane Adams, and respectfully represents the following: 1. Petitioner is Keith A. Eichelberger, (hereinafter referred to as "Father"), who is the natural Father of Angelique Renee Eichelberger, born January 11, 2008. 2. Respondent is Jaime L. Eichelberger, (hereinafter referred to as "Mother"), who is the natural Mother of Angelique Renee Eichelberger. 3. An Order of Court was entered on September 17, 2009 by this Honorable Court. 4. Father has every other weekend with the child and weekday visits once a week from 4:00 p.m. through 7:00 p.m. 5. Father has been consistent in obtaining his periods of partial custody with the child. 6. Since entry of the prior Order the child is older and Father has established a deeper relationship with the child. 7. Father is seeking shared custody of the child, to consist of three to four overnights per week. 8. Such request would be in the best interest of the child as it would ensure ongoing and frequent contact with both parents. 9. This matter was recently assigned to Judge Hess. 10. It is assumed that Mother does not agree with the relief requested. WHEREFORE, Petitioner requests this court schedule a custody hearing regarding the request for modification. Date: Respectfully submitted, *e Adams, Esquire . No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: f / ith A. Eichelberger, Petitioner KEITH A. EICHELBERGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1527 CIVIL ACTION LAW _, ..? =rn A M rni= JAIME L. EICHELBERGER IN CUSTODY Z? -orn DEFENDANT 0 --4c:) ?'• CD -art MC) rTj ORDER OF COURT ~ AND NOW, Friday, March 25, 2011 upon consideration of the attached Complai nt, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 06, 2011 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Hubert X. Grlro Es q. j 14 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 a Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Shawn M. Dorward, Esquire The McShane Firm, LLC Attorney ID No.: 209595 4807 Jonestown Rd., Suite 148 Harrisburg, PA 17109 (717) 657-3900 (717) 657-2060 (F) smd@themcshanefirm.com KEITH A. EICHELBERGER, Plaintiff V. JAMIE L. EICHELBERGER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-1527 CIVIL TERM : IN CUSTODY WITHDRAWAL OF APPEARANCE J ? ?3 rn v C3 --n C- 77 C) M Kindly withdraw my appearance on behalf of Defendant, Jamie L. Eichelberger, in connection with the above-referenced matter. TO THE PROTHONOTARY: By: Mary Etter Dissinger, Esquire ID No. 28 N. Thirty-Second St. Camp Hill, PA 17011 Phone: (717) 957-3474 Fax: (717) 957-2316 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Jamie L. Eichelberger, in the above- captioned matter. Shawn M. Dorward, Esquire Attorney ID No.: 209595 4807 Jonestown Rd., Suite 148 Harrisburg, PA 17109 Phone: (717) 657-3900 Fax: (717) 657-2060 i KEITH A. EICHELBERGER, Plaintiff VS. JAIME L. EICHELBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -.n CIVIL ACTION - LAW -3 = -? zrn C_- r- NO. 2008-1527 ? ? 70 C) IN CUSTODY > rr- r. t° C5 -AC) =r " rc. 0c COURT ORDER AND NOW, this 18'0' day of July, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in courtroom No. 5 of the Cumberland County Courthouse on the day of Ocb:?i„ '2011, at P P M. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history in this case, the issues currently before the Court, each parry's position on these issues, a list of witnesses who will be called to testify on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's Order of December 17, 2009, shall remain in effect. BY THE COURT, Judge I/ 00pies M? cc: Ja ne Adams, Esquire 1QI1( Shawn M. Dorward, Esquire ?' 100 5 KEITH A. EICHELBERGER, Plaintiff vs. JAIME L. EICHELBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-1527 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Angelique Renee Eichelberger, born January 11, 2008. 2. A Conciliation Conference was held on July 1, 2011, with the following individuals in attendance: The father, Keith A. Eichelberger, with his counsel, Jane Adams, Esquire, and the mother, Jaime L. Eichelberger, with her counsel, Shawn M. Dorward, Esquire. The parties had a hearing in the fall of 2009 and Judge Bayley issued an Order giving Mother primary custody and Father alternating weekends and one evening (not overnight) per week. Father has now filed a petition seeking additional custody. 4. After Father filed this petition, Mother filed a Petition for Special Relief and referred the matter also to Children's Services making allegations that the child was being abused while in Father's custody. Mother also filed a Protection From Abuse action against the Father. Judge Hess heard the Petition for Special Relief and the PFA matter and dismissed both Petitions. Additionally, Children's Services took no action on this case. 5. At the conciliation, the parties were unable to reach an agreement on Father getting additional periods of time and a hearing is necessary in this case. 6. The Conciliator recommends the entry of an Order in the form as attached. Date: July , 2011 -?A/- Hubert X. Gilro , Esquire Custody Conci ator KEITH A. EICHELBERGER, PLAINTIFF V. JAIME L. EICHELBERGER, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-1527 CIVIL TERM Wr_ ORDER OF COURT I`/ day of August, 2011, the custody .tear--?' g C- ? Fry currently scheduled for October 17, 2011, is cancelled and rescheduled to commence at 1:30 p.m., Monday, December 12, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, /Jane Adams, Esquire For Plaintiff Shawn M. Dorward, Esquire For Defendant Albert H. Mas and, J. 0"'i. wm "' 8118,111 O saa KEITH A. EICHELBERGER, Plaintiff V. JAIME L. EICHELBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, n PENNSYLVANIA V :x NO. 08 - 1527 CIVIL TERM IN CUSTODY ! ca p C"a 2 C AFFIDAVIT The undersigned individual, upon oath, deposes and says: O c.. x W "v s-? r*a j„_ CD C:)-n ?r -A I read "7 Steps to Protecting our Children" which I found at www.darkness2lig_ht.com. Date: 1 1.-)-I I )-- I Eichelberger, Sworn to and Subscribed before me this day of \)W1 CLfj , 2012. Notary Public CWMONVrcALTt10F PENNSYLVANIA Nomn+? Seel Connie I G600n, Notary PW* 0#40 eoro, annimmW 17is Mr r ConxrNwion MEMBHt, {A TI(?N OF Np'1'ARIES KEITH A. EICHELBERGER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. cs NO. 08 - 1527 CIVIL TERM JAIME L. EICHELBERGER m r , Defendant IN CUSTODY x ? A- , Gam' -t1 t AFFIDAVIT The undersigned individual, upon oath, deposes and says: I read Planning for Shared Parenting, as directed by the court order in the above- captioned matter, by February 1, 2012. Date: 3 <9, (? , Sworn to and Subscribed before me this 4COIII day ofm Q PC h 2012. 1. Notary Public aF PErMibY?YM1IA sow n, NOWY aubknbw4 iw* Shawn M. Dorward, Esquire ' 12 APR -- 4 PH 3: % 8 Attorney ID No. 209595 4807 Jonestown Road, Suite 148 UMBERLAND COUNTY Harrisburg, PA 17109 i ENNSYLVANIA (717) 657-3900 Fax: (717) 657-2060 smd@themcshanefirm.com KEITH A. EICHELBERGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION- LAW JAMIE L. EICHELBERGER, : NO.: 2008-1527 Defendant : IN CUSTODY TO THE HONORABLE ALBERT H. MASLAND, JUDGE OF SAID COURT: PETITION TO WITHDRAW AS COUNSEL AND NOW, this 2nd day of April 2012, comes the Petitioner, Shawn M. Dorward, Esquire and petitions This Honorable Court to allow him to withdraw as counsel for the Defendant in the above- captioned matter and avers in support thereof as follows: 1. On May 4, 2011, the Petitioner, Shawn M. Dorward, Esquire, filed his Entry of Appearance on behalf of the Defendant, Jamie L. Eichelberger and represented Ms. Eichelberger at several proceedings to present day. 2. On December 12, 2011 a custody hearing was held before this Honorable Court. 3. An Order of Court - Parenting Plan was issued on December 15, 2011. 4. It is believed and therefore averred that this matter has been resolved and neither party would be prejudiced by the withdrawal of the Petitioner, as counsel for the Defendant. WHEREFORE, Petitioner, Shawn M. Dorward, Esquire of The McShane Firm, LLC, hereby respectfully requests This Honorable Court enter an Order permitting the undersigned to withdraw as counsel for the Defendant in the above-captioned matter. Respectfully submitted, The McShane Firm, LLC Sh M. Dorward, Esquire Attorney for Defendant 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 Tel: 717-657-3900 Fax: 717-657-2060 Attorney ID: 209595 CERTIFICATE OF SERVICE I, Denise M. Kendall, an employee of The McShane Firm, LLC, do hereby certify that a true and correct copy of the attached Motion to Withdraw as Counsel, was mailed by First Class, postage prepaid mail on April 2, 2012 to: Jane Adams, Esquire 17 W. South St. Carlisle, PA 17013 Jamie L. Heberlig 202 York Rd. Carlisle, PA 17013 Date: i De se M. Kendall, Legal Assistant 2 " 17 APR 1 1 14; r ..a CUMBERLAND e L11 !2 PEfiN 11.3 "L? 11 ?,' -?,rir1 KEITH A. EICHELBERGER, Plaintiff V. JAMIE L. EICHELBERGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW NO.: 2008-1527 IN CUSTODY RULE TO SHOW CAUSE 01-1 AND NOW, this -//day of , 2012, a Rule is issued upon the Defendant to show cause, if any, why the Petitioner's Petition to Withdraw as Counsel should not be granted. This Rule is returnable within W-0 days of service thereof. BY THE COURT: ALBERT H. MAS ND, JUDGE Distribution: Prothonotary's Office ?Shawn M. Dorward, Esq., 4807 Jonestown Road, Suite 148, Harrisburg, PA 17109 V Jane Adams, Esq., 17 W. South St., Carlisle, PA 17013 Jamie L. Heberlig, 202 York Rd., Cadisle,,PA 17013 CDP ( D??/ KEITH A. EICHELBERGER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL- V. VANIA JAMIE L. EICHELBERGER : No.: 2008-1527 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of _ , 2012, after due consideration of the Counsel's Petition to Make Rule Absolute and after considering response, if any, by the Plaintiff, IT IS HEREBY ORDERED AND DECREED that the Motion to Withdraw as Counsel is hereby GRANTED. It is further ORDERED AND DECREED that upon due consideration of counsel's Petition to Withdraw, counsel's motion is hereby GRANTED. BY T COURT: JUDGE Distribution: Prothonotary's Office Shawn M. Dorward, Esq., 4807 Jonestown Road, Suite 148, Harrisburg, PA 17109 -/Jane Adams, Esq., 17 W. South St., Carlisle, PA 17013 / Jamie L. Heberlig, 202 York Rd., Carlisle, PA 17013 1 ?? P?eS wta ld ??irl ?y c-n Y"Y . ia . ? ' M t # c-.) w?i -? ? ? l k r-Z!