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Home My WebLink About05-2821 STEPHANIE BURKHOLDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. AMANDA BURKHOLDER and PATRICK DELLINGER, Defendants CIVIL ACTION - LAW IN CUSTODY : No.OS-..?P~1 CIVIL TERM NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. - STEPHANIE BURKHOLDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. AMANDA BURKHOLDER and PATRICK DELLINGER, Defendants CIVIL ACTION - LAW IN CUSTODY : NoN-JPJICIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Stephanie Burkholder ("Grandmother"), by her attorneys, the Family Law Clinic, alleges the following in support of her complaint for custody: L The plaintiff is Stephanie Burkholder, residing at 9 Betty Nelson Court, # 112 Carlisle, Cumberland County, Pennsylvania. 2. The defendants are Amanda Burkholder ("Mother"), residing at 9 Betty Nelson Court, #11, Cumberland County, Pennsylvania and Patrick Dellinger ("Father"), residing at 6 North High Street, Newville, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Garrett Burkholder-Dellinger 9 Betty Nelson Ct., #11 Carlisle, P A 17013 June 11,2003 The child was born out of wedlock. The child is presently in the custody of Grandmother, who resides at 9 Betty Nelson Court, #112, Carlisle, Cumberland County, Pennsylvania, since June 2003. During the past five years, the child has resided with the following persons and at the following addresses: ,. Persons Address Dates Stephanie Burkholder Amanda Burkholder 9 Betty Nelson Ct., #112 Carlisle, PA 17013 06/03-present 4. The mother of the child is Amanda Burkholder, currently residing at 9 Betty Nelson Court, #112, Carlisle, Cumberland County, Pennsylvania, 17013. She is unmarried. 5. The father of the child is Patrick Dellinger, currently residing at 6 North High Street, Newville, Cumberland County, Pennsylvania. He is unmarried. 6. The relationship of the plaintiff to the child is that of grandmother. Grandmother resides with the following persons: Name Relationship Amanda Burkholder Garrett Burkholder-Dellinger Daughter Grandson 7. The relationship of the defendant to the child is that of father. Father currently resides with the following persons: Name Relationship Himself 8. Grandmother has not participated as a party in other litigation concerning the custody of the child. Grandmother 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. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Mother gave birth to the child at age 15. She is now 17 years old. b. Both Mother and the child have lived with Grandmother since the child's birth. c. Grandmother has been the child's primary caretaker since birth. d. Mother is moving out of state to work and/or attend college. e. Grandmother is best able to provide the child a home with the moral, emotional and physical surroundings required to adequately meet the child's needs. f. Grandmother continues to exercise parental duties on behalf of the child and enjoys the love and affection ofthe child. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that the Court grant shared legal custody of the child to Plaintiff and Defendants, primary physical custody of the child to Plaintiff, and partial physical custody to Defendants as mutually agreed upon by both parties. Date: /5/51 fr ') ,/f ./ I . Bd~~~ r~~~~~i / ), Cert' led Legal Intern ! 1"( -tu! DONALD-FOX LU JOHNSTON-WALSH THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 (717)243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are true and correct to the best of my personal knowledge and belief. 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: '5~ -) \ - 0-) '::::}. ':f. . .~."".. .."/WdA- Steph nie Burkholder, PTaintiff L ~,:' -<.-' (<.) c.\ ,.' STEPHANIE BURKHOLDER, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYL VANIA AMANDA BURKHOLDER and PATRICK DELLINGER, Defendants CIVIL ACTION - LA W IN CUSTODY : No.Df-.J}';1.( CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kind]y allow Stephanie Burkho]der, Plaintiff, to proceed in forma pauperis. The Fami]y 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. Date J)h/ (,) Respectfully submitted, '/' p . /' ~ ," - /.-;<'~,//"'~, ~:.----,//~"~,, /./;' _.~ - \-.....-'....... ,/ ,>--- . '----- / BRENDA COPPEDE ". Certified Lega] Intern ~tJ~ LUC 0 STON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A ] 70] 3 (7] 7) 243-2968 \'. , 'c.',' - - STEPHANIE BURKHOLDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. AMANDA BURKHOLDER and PATRICK DELLINGER, Defendants CIVIL ACTION-LAW IN CUSTODY NO.OS-.;l.P;Af CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 2- day of )1 0tr ,2005, between Stephanie Burkholder ("Grandmother"), and Amanda Burkhold r ("Mother") and PatrIck Dellinger ("Father"), concerns the custody of the child, Garrett Burkholder-Dellinger, born June 11,2003 ("the child"). Grandmother, Mother, and Father desire to enter into an agreement as to the custody of the child. Grandmother, Mother, and Father agree to the following: I. Grandmother, Mother, and Father shall share legal custody of the child. Each party shall have an equal right, to be exercised jointly with the other parties, to make all major non-emergency decisions affecting the child's well-being including, but not limited to, all decisions regarding his health, education, and religion. 2. Mother and Father shall have partial custody and/or visitation at times and places agreed upon by Grandmother. 3. Grandmother shall have primary physical custody of the child. 4. Father acknowledges that he has been informed that the Family Law Clinic only represents Grandmother and Mother in this matter. He has been advised of his right to seek legal counsel, but has decided to proceed without an attorney. 5. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. ... ~~rYnCO ~\Y~JA~ Stephanie Burkholder, Plaintiff 5-LnoS- Date r; " IYhn ~, 1'( 0.. 7:XUI!(I\ /rld v,- Amanda Burkholder, Defendant 5 . C O~) Date 7UD?/Ob h '/ ~n{t:: U> , BRENDA COPP D Certified Legal Intern )~~~tk$- , ANN M . -DONAL OX LUCY JOHNSTON- WALSH THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, PAl 70 13 (717) 243-2968 C,) -1 _.;.~ .......,.. -- \~'-? c.) ~ ~ RECEIVED JUN 022005 STEPHANIE BURKHOLDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW AMANDA BURKHOLDER and : IN CUSTODY PATRICK DELLINGER, Defendants : NoM....Y'J./ CIVIL TERM ORDER OF COURT And now, this ~ day of k, 2005, the foregoing Agreement is approved and entered as an Order of the Court. ,- ~ - :::-. ~ { " ~~21~~~ \).- '~,.'- } \ .-,.,- at:', AC1':' tDo- ~LtJ U-{E u... o ''l S .~ ..?-- .,;:.;C (""') t,..("':' c."'.:~ c::> c-4 ~1 ?- '" p, '~ ~rA\' 1- \~ ~~ "'..... c~ ~ j~