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Home My WebLink About03-1655CHRISTINA BARRICK and DUSTIN BURKHOLDER, Plaintiffs VS. Defendant · IN THE COURT OF COMMON PI.~AS OF · CUMBERLAND COUNTY, PENNSYLVANIA ' CIVIL ACTION- AT LAW ·CUSTODY NI~TIC~ TO l~El~END AN-D ~LAIM RTf~l:lT~ You, Shawna Wemer, Defendant in the above-captioned custody action, have been sued in court to obtain custody of the following child: Sky L. Bardck. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiffs. You may lose money or property or other fights important to you, including custody or visitation of your children. YOU SHOULD TAKE TH[q PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WI~RE YOU CAN GET LEGAL HELP. OFFICE OF ~ COURT ADMINISTRATOR CUMBEIRAND COUNTY COURTHOUSE COURTflOt Sr SQt ARE CARLIS!~E, PENNSYLVANIA 1701S (717) 24o-62oo AMERICANS WITH DISABILITIES ACT OF 1990 DT~s~'tes ~Co_~n~n, ~o~n~Ple.,~s_ o.f Doaup .1~. Co~ _u~. is requi, r....ed by l..a.w, to comply with the Americans with ~;t m tv~,u, vor mtonnanon aoout 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. II CHRISTINA BARRICK and DUSTIN BURKHOLDER, Plaintiffs VS. Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · No.- ]t,,g · CIVIL ACTION- AT LAW · CUSTODY COMPI,AIN'T FOR cI[qT~HIy The Plaintiffs, CHRISTINA BARRICK and DUSTIN BURKHOLDER, through their attorneys, The Law Offices of Patrick F. Lauer, Jr., files this Complaint for Custody against the Defendant, SHAWNA WERNER, and in support thereof~ avers the following: 1. The Plaintiffs are CHRISTINA BARRICK and DUSTIN BURKHOLDER, adult individuals, who are husband and wife, currently residing at 50 Bonnybrook Road, # 23, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is SHAWN WERNER, an adult individual and the natural Mother, who has a mailing address of PO Box 1432, Carlisle, Cumberland County, Pennsylvania 17013· 3. The Plaintiffs seeks custody, partial custody, and/or visitation of the following child: Pre.~.nt Addre.q.q Age following addresses: Shawna Wenger Christina Barfick and Dustin Burkholder Unknown address 50 Bonnybrook Road, #23 Carlisle, PA 17013 7/14/99 to 01/2001 01/2001 to present Sky L. Barrick 50 Bonnybrook Road,/f23 Three years old Carlisle, PA 17013 The child was bom out of wedlock. 4. The child is presently in the custody of CHRISTINA BARRICK and DUSTIN BURKHOLDER, who currently reside at 50 Bonnybrook Road, #23, Carlisle, Pennsylvania 17013. 5. During the past three years, the child has resided with the following persons and at the 6. The Mother of the child is SHAWNA WERNER, who has a mailing address of PO Box 1432, Carlisle, Cumberland County, Pennsylvania 17013. The Mother is not married to the natural Father. 7. The Father of the child is DUSTIN BURKHOI.DER, who currently resides at 50 Bonnybrook Road, ff23, Carlisle, Cumberland County, Pennsylvania 17013. The Father is not married to the natural Mother. 8. The Plaintiffs have not participated as a party or witness, or in another capadty, in other litigation concerning the custody of the child in this or another court. 9. The Plaintiffs do not know of a person not a party to the proceedings, who have physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 10. The best interests and permanent welfare of the child will be served by granting the relief requested because: a). The Plaintiffs can provide the child with a home with adequate moral, emotional, and physical surroundings as required to meet the child's needs; b). The Plaintiffs are willing to continue custody of the child; c). The Plaintiffs continue to exercise parental duties and enjoys the love and affection of the child. 11. 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: Nlame AclrtmSs Flaqi~ nFClnim NONE WI-IF. REFORE, the Plaintiffs respectfully requests that this Honorable Court enter an Order granting custody, partial custody or visitation of the child to the Petitioners, Christina Barrick and Dustin Burkholder, the natural father of the child in accordance with any Stipulation of the parties, or in the event the parties are unable to execute such a Stipulation, to emer an Order granting custody, partial custody, or visitation of the child to the Petitioners. Date: Matthew J. Est. amn, Esquire Law Offices ofl atrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp I-rill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 CHRISTINA BARRICK and DUSTIN BURKHOLDER, Plaintiffs VS. De~dant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA 'No. · CIVIL ACTION - AT LAW ·CUSTODY The undersigned attorney hereby verifies and states that: 2. 3. clients; He is the attorney for Christina Barrick and Dustin Burkholder, the plaintiffs; He is authorized to make this verification on behalf of the clients; The facts set forth in the foregoing complaint are known to him and not necessarily to his This verification is intended to expedite the litigation; A verification of the clients will be supplied if demanded; The facts set forth in the foregoing complaint are true and correct to the best of my knowledge, information, and belief, and; § 4904, relating to unswom falsification to authorities. Date:. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~-, Esquire Law Offices of Pa ick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp I-rffi, Pennsylvania 170114706 ID# 72655 Tel. (717) 763-1800 CHRISTINA BARRICK and DUSTIN BURKHOLDER, Plaintiffs VS. SHAWNA WERNER, Defendant · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - AT LAW - CUSTODY : PREVIOUSLY ASSIGNED TO: N/A STIPULATION WHEREAS the Defendant, Shawna Werner, having a mailing address of P.O. Box 1432, Carlisle, Cumberland County, Pennsylvania 17013, is the mother ora minor child, Sky L. Bardck, born July 14, 1999 (the child hereafter); and WHEREAS, the child's paternity has never been established, formally or putatively; and WHEREAS, the child has lived with the Plaintiffs, Christina Barrick and Dustin Burkholder, who are husband and wife having a current address of $0 Bonny Brook Road, Number 23, Carlisle, Cumberland County, Pennsylvania 17013, for a considerable portion of her life, such that the Plaintiffs stand in locoparentis to the child; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; now THEREFORE, this day of 2002, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The Plaintiffs, Christina Barrick and Dustin Burkholder, shall have primary physical custody of the child, Sky L. Barrick. The parties shall share legal custody of the child jointly. 2. The Defendant shall have liberal, partial custody and visitation with the child whenever the parties may mutually agree, with the express intention of the parties to foster and promote the relationship between the child and the Defendant. 3 Neither party shall do anything which may estrange the child from the other or injure the opinion of the child as to the other or which may hamper the free and natural development of the child's love or respect for the other party. 4 It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. CHRISTINA BARRICK DUSTIN BURKHOLDER HAWNA WER~R APR 11 2003 CHRISTINA BARRICK and DUSTIN BURKHOLDER, Plaintiffs VS. SHAWNA WERNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i o. can CIVIL ACTION - AT LAW - CUSTODY PREVIOUSLY ASSIGNED TO: N/A CONSENT ORDER AND NOW, thisi~day of 1~. ~ I. 2003, upon consideration of the attached Stipulatiqn of the parties in the above-captioned matter, consisting of 2 pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. Distribution: Matthew J. Eshelman, Esq. Shawna Wemer BY THE COURT: