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Home My WebLink About06-3749 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 06- 311./ '1 CIVIL TERM DAVID A. BRANDT and REBECCA L. BRANDT, Plaintiffs COLIN A. EICHELBERGER and COLBY S. BRANDT, Defendants IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiffs are David A. Brandt and Rebecca L. Brandt, residing at 161 Valley Drive, Carlisle, Cumberland County, Pennsylvania. 2. The defendants are Colin A. Eichelberger of 248 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania and Colby S. Brandt, residing at 116 North Hanover Street, Unit 5, Carlisle, Cumberland County, Pennsylvania, 3. Plaintiffs seek custody of the following child: Name Present Residence Mykenzie Elizabeth Eichelberger 161 Valley Drive, Carlisle Aae 4 The child was born out of wedlock. The child is presently in the custody of the maternal grandparents. During the past four years, the child has resided with the following persons and at the following addresses: Person(s) Colin Eichelberger & Colby Brandl Colin Eichelberger & Colby Brandt Colin Eichelberger & Colby Brandl Colby Brandt & Thelma& Ron Isaac (Paternal greal-grandparents) Colby Brandt Newville, PA 17241 Colby Brandl & Ty Delp Home of Betty Nelson Colby Brandt & Ty Delp Lot 17, Pine Ridge Plaintiffs 161 Valley Drive The mother of the child is Colby S. Brandt. She is unmarried. The father of the child is Colin A. Eichelberger, He is unmarried. Address 248 W. Pomfrel St, Carlisle, PA 17013 E. LoulherSt., Carlisle, PA 17013 Hamillon Court, Carlisle, PA 17013 CME Lot 96, Newville, PA 17241 Dates 2/02-5/02 5/02-8102 8/02-11102 11102-5103 5103-12103 1104-7104 8/04-8/04 8/04- present 4. The plaintiffs currently reside with the following persons: Name Relationship Madelyn Jones Mykenzie's 15yo aunt Jacob Brandt Mykenzie's 7 yo uncle 5. The defendant father currently resides with the following persons: Name Relationship Linda Eichelberger Mykenzie's paternal grandmother 6. The defendant mother currently resides with the following persons: Name Relationship Brock Brandt Mykenzie's half brother 6. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiffs do 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: a) Plaintiffs can provide the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; b) Plaintiffs are willing to accept custody of the child; c) Plaintiffs continue to exercise parental duties and enjoys the love and affection of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE Wherefore, plaintiffs request the court to grant custody of the child to them. I \. I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS ~4904 relating to unswom falsification to authorities. ~)a~ David A. Brandt I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS ~4904 relating to unswom falsification to authorities. ~Jd~ ~R~ "- ~cf ~ -......... --...j ....... ~ ~ ~~:; ~~~ ::-.i ~-.~ ." ~-'-_. C~) -', CJ c::.; ( , DAVID A, BRANDT AND REBECCA L. BRANDT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. 06-3749 CIVIL ACTION LA W COLIN A. EICHELBERGER AND COLBY S. BRANDT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 12,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, Au!!ust 03, 2006 at 10:30 .J\M for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannol be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age live or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Tacqueline M. Verney, Esq. Custody Conciliator .~t 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 hcaring. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 -~~~-~~ ~~~~ ~J;?~~~'rP ) ,-' t .) 1,1,.1 2 I ~i, ;\ t 'f.' ,,, ,:i -'" LL :L,' II '?t? el".( 'J (11 ry c.. 1tl- ~I"t... D~rE1VED f\'JG 042006 r ,,-- ( DAVID A. BRANDT and REBECCA L. BRANDT, Plaintiffs VI. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3749 CIVIL ACTION - LAW COLIN A. EICHELBERGER and COLBY S. BRANDT, Defendants : IN CUSTODY ORDER OF COURT AND NOW, this L day of vf.J-, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of Court dated January 23, 2003 at Docket No. 2002-5839 is hereby vacated. 2. The maternal grandparents, David A. Brandt and Rebecca L. Brandt and the Father, Colin A. Eichelberger, shall have shared legal custody of Mykenzie Elizabeth Eichelberger, born October 31, 2001. The maternal grandparents and Father shall have an equal right, to be exercised jointly with the other, 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 ofPa.C.S. ~5309, each 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. To the extent one has possession of any such records or information, that person shall be required to share the same, or copies thereof, with the other within such reasonable time as to make the records and information of reasonable use to the other. Maternal grandparents and Father shall be entitled to full participation in all educational and medicalltreatment planning meetings and evaluations with regard to the minor child. Each shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The maternal grandparents shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as agreed by Father and maternal grandparents. 5. parties. Mother shall have periods of partial physical custody as agreed by all 6. This Order is entered pursuant to an agreement of the parties present at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms 0 . s Order shall control. - BY THE J. Edgar B. Bayley, ccj,!1"ndsay D. Baird, Esquire, Counsel for maternal grandparents ."eolin A. Eichelberger, pro se 248 West Pomfret Street Carlisle, P A 17013 .,colby S. Brandt, pro se 116 North Hanover Street Carlisle, P A 17013 :\P 0,0 ~~ o , "- "" ... '. , ~ en ~ N it> I~ ::;)~ :lI: 8~ ..: Cli:j ~ 0'\ ~~; b5 I ~IZ ~ g (1::2 tlJ~ ...: <Xl ~ ...... a --1 <=> <=> i' ..... J~ ... ,. ~::r:E iV ED NJG 04 70061 DAVIDA. BRANDT and REBECCA L. BRANDT, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3749 CIVIL ACTION - LAW COLIN A. EICHELBERGER and COLBY S. BRANDT, Defendants : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mykenzie Elizabeth Eichelberger October 21,2001 Maternal grandparents since Aug 04 2. A Conciliation Conference was held in this matter on August 3, 2006 with the following in attendance: The maternal grandparents, David A. Brandt and Rebecca L. Brandt, with their counsel, Lindsay D. Baird, Esquire, and the Father, Colin A. Eichelberger, pro se. Mother did not attend although she had notice of the conference. 3. A prior Order of Court was entered by the Honorable Edward B. Bayley dated January 23, 2003 at Docket No. 2002-5839 providing for shared legal custody by the parents, Mother having primary physical custody and Father having 100 hours per month of partial physical custody. 4. The parties present at the conciliation conference agreed to an Order in the form as attached. %>3 -o~ Date ~A.~, ac eline M. Verney, Esquire Custody Conciliator David A. Brandt& : IN THE COURT OF COMMON PLEAS OF Rebecca L. Brandt, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. : CIVIL ACTION- LAW IN CUSTODY ' ' �,; 5� r�; Colin A Eichelberger& Colby Brandt - C) , Defendant :NO. 06-3749 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER = m 1. The petition of Colby Brandt, by her attorneys,the Community Law Clinic,respectfully represents that on August 8, 2006, an Order of Court was entered for custody of Mykenzie Eichelberger, born October 21, 2001, a true and correct copy of which is attached. Under the existing Order, maternal Grandparents have primary physical custody of the child. Grandparents and Father have shared legal custody of the child. Father is to have partial physical custody of the child as agreed upon by Father and Grandparents. Mother is to have partial physical custody of the child as agreed upon by the parties. 2. This Order should be modified because: a. Mother is the biological parent of the child and has no legal custody of the child under the existing custody order b. Since the custody order, Mother has created a stable, nurturing, loving environment for the child c. The child has spent increasing time with Mother. Grandparents have allowed Mother one day per month and now one weekend per month for 2 months. d. Mother has a three-bedroom home with adequate resources to care for the child. e. The child will have her own bedroom in Mother's home. f. The child, who is 12 years old,has expressed a desire to live with her mother. g. Mother does not work during the summer and will have the time and resources to care for the child during the summer. h. It would be in the best interest of the child to have a stable custody schedule so that child will know when she is going to spend time with her Mother and Father. WHEREFORE,Petitioner asks that the Court modify the existing Order for Custody and grant Mother shared legal custody and alternating weekends with a gradually increasing custody schedule because it is in the best interest of the child. Petitioner also asks that the Court set a holiday schedule and a summer schedule where the child will spend half of the summer with Mother because it will be in the best interest of the child. �Z' Date: � 2 2 � Jo han Vega rtified Legal Intern cm MEG RIESMEYER, ESQ THOMAS M. PLACE,ESQ. ROBERT E. RAINS, ESQ. Supervising Attorneys COMMUNITY LAW CLINIC 371 West South St Carlisle,PA 17013 (717) 243-2968 Fax: (717) 241-3539 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Colby Brb dt CERTIFICATE OF SERVICE I, Johnathan Vega, Certified Legal Intern,the Community Law Clinic,hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail,postage prepaid,this J day of MAY ,2013: John an Vega C rified Legal Intern. COMMUNITY LAW CLINIC 371 West South St Carlisle,PA 17013 717-243-2968 David A. Brandt& IN THE COURT OF COMMON PLEAS OF Rebecca L. Brandt, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW IN CUSTODY Colin A. Eichelberger& Colby S. Brandt, M-- M Defendant NO. 06-3749 CIVIL TERMm=cu =:�o wr-- ra c-j- E5 PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Colby Brandt,Defendant,to proceed in forma pauperis. The Community Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date Johriatlid'n Vega CefVfied Legal Intern Megar&esmeyer Supervising Attorneys COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 717-241-3539 COLBY BRANDT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAl :a �. V. 2006-3749 CIVIL ACTION LAW 71 r. . c:� LLf COLIN EICHELBERGER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday,June 03,2013 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M.Verney,Esq.,the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,July 09,2013 10:30 AM for a.Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard 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/ jacqueKne M. Verney, Esq� Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS .PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association '��S � I•' r 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DAVID A. BRANDT and : IN THE COURT OF COMMON PLEAS OF REBECCA L.BRANDT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VI. : NO. 2006-3749 CIVIL ACTION - L&W `- COLIN A.EICHELBERGER and =M COLBY S.BRANDT, : IN CUSTODY cnnr� I — 7111 Defendants -<x> W ° " ;Z --i ] xC) ORDER OF COURT Zap C, "{ AND NOW, this day of , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 8, 2006 is hereby vacated. 2. The maternal grandparents, David A. Brandt and Rebecca L. Brandt, the Father, Colin A. Eichelberger, and Mother, Colby Brandt, shall have shared legal custody of Mykenzie Elizabeth Eichelberger, born October 31, 2001. The parties shall have an equal right, to be exercised jointly with the others, 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 Pa.C.S. §5309, each 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. To the extent one,has possession of any such records or information, that person shall be required to share the same, or copies thereof, with the other within such reasonable time as to make the records and information of reasonable use to the other. The parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The maternal grandparents shall have primary physical custody of the child. 4. Father and Mother shall have periods of partial physical custody on a 3/1 rotating weekend schedule from Friday, at a time agreed with the grandparents, until Sunday, no later than 8:00 p.m. For purposes of rotation, Mother's weekend shall begin August 30, 2013. In the event that Monday is a school holiday, Mother's weekend shall be extended to Monday, no later than 8:00 p.m. 5. Holidays shall take precedence over the regular custody schedule: A. Thanksgiving. If Thanksgiving falls on Mother's regular weekend, she shall have physical custody of the child from 3:00 p.m. on Friday until Monday no later than 8:00 p.m. If Thanksgiving falls on Father's regular weekend, Mother shall have physical custody from 3:00 p.m. the day school recesses to Thursday at 3:00 p.m. B. Christmas. Father shall have physical custody of the child from Christmas Eve to Christmas morning at times as agreed between Father and grandparents. Grandparents shall have physical custody from Christmas morning to 10:00 a.m. on December 26. Mother shall have physical custody from December 26 at 10:00 a.m. to January 1 at 12:00 noon. Due to this extended period of time, Mother will forfeit her regular weekend in December. C. Easter shall be divided such that Father shall have physical custody from after school on the day school recesses to Saturday at 3:00 p.m. Mother shall have physical custody of the child from Saturday at 3:00 p.m. to Monday at 3:00 p.m. D. Mother and Father shall have three nonconsecutive 7-day periods, Friday to Friday, in the summer; Mother's to occur one week each in June, July and August to coincide with her regular weekend schedule. The parties shall give each other, including the grandparents, 30-days prior notice of the week they are selecting. E. Father shall have physical custody of the child on Father's Day weekend and Mother shall have physical custody of the child on Mother's Day weekend. The parties shall switch weekends if these holidays fall on the other parent's regular weekend, to either the weekend before or after the holiday. The parties shall give each other 30-days notice of which weekend they are selecting if a switch is necessary. 6. Transportation. Mother shall be responsible for all transportation during her custodial periods, except that Grandparents shall meet halfway on Sundays/Mondays of Mother's custodial weekends. Transportation shall be as agreed by Grandparents and Father. Any custodial exchanges between Mother and Father shall occur at Grandparents' residence. 7. Communication between Mother and Father shall be through the Grandparents. 8. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 9. This Order is entered pursuant to an agreement of the parties at 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. B , ThoYAS A. Placey J Common Pleas Judge cc: cKenzie Clark, certified legal intern, Counsel for Mother Z,Megan Riesmeyer, Esquire, Community Law Clinic Je fifer Spears, Esquire, Counsel for Father avid J. Brandt and Rebecca L. Brandt, pro se 330 Sanderson Drive Mechanicsburg, PA 17055 ,�es WL--LU.L6L DAVID A.BRANDT and : IN THE COURT OF COMMON PLEAS OF REBECCA L.BRANDT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2006-3749 CIVIL ACTION - LAW COLIN A.EICHELBERGER and COLBY S.BRANDT, : IN CUSTODY Defendants PRIOR JUDGE: Edgar B. Bayley,J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mykenzie Elizabeth Eichelberger October 31, 2001 Maternal grandparents since Aug 04 2. A Conciliation Conference was held in this matter on August 27, 2013 with the following in attendance: Mother, Colby Brandt. With her counsel, McKenzie Mullally Clark, certified legal intern, with Megan Riesmeyer, Esquire, Community Law Clinic, maternal grandparents, David A. Brandt and Rebecca L. Brandt, pro se, the Father, and Colin A. Eichelberger, with his counsel, Jennifer Spears, Esquire. 3. A prior Order of Court was entered by the Honorable Edward B. Bayley dated August 8, 2006 providing for shared legal custody by the grandparents and Father, grandparents having primary physical custody, Father having periods of partial physical custody as agreed by grandparents and Father and Mother having periods of partial physical custody as agreed by grandparents, Father and Mother. 4. The parties agreed to an Order in the form as attached. A , 1)e Date Jac eline M. Verney, Esquire Custody Conciliator