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HomeMy WebLinkAbout06-4137. % LARRY D. BURKHOLDER, Plaintiff V. KRISTINE DEITZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Lq& - q137 Civil Term IN CUSTODY Defendant CUSTODY COMPLAINT 1. Plaintiff is Larry D. Burkholder, who currently resides at 66 West Main St., Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Kristine Deitz, who currently resides at 66 West Main St., Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff is the father of the following child and seeks a custody order regarding the following child which would enter the parties agreement: NAME DOB/AGE Trinity Jaelyn Burkholder October 17, 2002 (3) ADDRESS 66 W. Main St. Newville, Pa. 17241. Mother and Father are not married. The parties currently share physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME Larry D. Burkholder Kristine Deitz Kobe A. Kauffman (7) Half-sibling Larry D. Burkholder Kristine Deitz Kobe A. Kauffman (7) Half-sibling ADDRESSES DATES 66 W. Main St. 2004 - present Newville, Pa. 17241 24 W. Baltimore Ave. 2002 - 2004 Carlisle, Pa. 17013 The mother of the child is Kristine Deitz. She currently resides at 66 W. Main St., Newville, Pa. 17241. She is not married. The father the child is Larry D. Burkholder. He currently resides at 66 W. Main St., Newville, Pa. 17241. He is not married. 4. The relationship of plaintiff to the child is that of Father. The Plaintiff currently resides with Mother and Mother's other child, Kobe A. Kaufman. 5. The relationship of defendant to the child is that of Mother. The persons that the Defendant currently resides with are the Father and her other child, Kobe A. Kaufman. 6. Plaintiff has 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who 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: Mother has been undergoing some difficulties which may require her to spend substantial time outside the couple's home. Therefore, the parties have entered into a written custody stipulation which is being filed contemporaneously with this petition. Father is reg_uesting that the agreement of the parties be entered as an Order of Court. 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. Respectfully submitted, Date: h 1 ?I 6u 4 U) II a Adams, Esquire I. . No. 79465 4 South Pitt Street 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: ') , a,0 . O r _ Larry D. Burkholder, Plaintiff ?, ?.., __ _ - _ - ___ - \ O 1 ?^?q -... Q ? ? ? ? ` ? ? ?, ? ?. . ? ? ?? -+ 1 t '= LARRY D. BURKHOLDER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. ®6 ' Civil Term KRISTINE DEITZ, : IN CUSTODY Defendant STIPULATION AND CUSTODY AGREEMENT i (I This Stipulation and Custody Agreement is made this 0 I day of J L,- 2006, by and between LARRY D. BURKHOLDER, (Hereinafter referred to as "Father"), of Newville, Cumberland County, Pennsylvania, and KRISTINE DEITZ, (Hereinafter referred to as "Mother"), of Newville, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Trinity J. Burkholder, date of birth, October 17, 2002; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. WKD_I LB NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Until further agreement or Order of Court, Father shall have sole legal custody of the child, Trinity J. Burkholder. However, both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other parry. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof. 2. Physical Custody. Physical Custody of the child, as that term is defined in the custody act, shall remain primarily with Father. Mother shall share physical custody as mutually agreed by the parties. 3. Separation of the Parties. At the time of this agreement, the parties were residing together, although it was anticipated that the parties could separate at a future date. The parties agree that if they separate: a. The child shall remain with Father and he will continue to have primary physical custody. b. Mother will have periods of partial custody with the child as the parties mutually agree. 4. Representation of Counsel. Father has employed and has had the benefit of counsel of Jane Adams, Esquire as his attorney. Mother is not represented by counsel but she has been advised by receipt of this document that: (1) Jane Adams, Esquire, is only representing the interests of Father and is not representing her interests and (2) that Mother has the right to obtain her own legal counsel if she so chooses. 11 parties have carefully and completely read this agreement and are aware of its contents and legal effect. Mother has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Father. 5. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. No person transporting the child(ren) shall consume alcoholic beverages to the point of intoxication prior to transporting the child(ren) or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child(ren). WKD a LB 6. OUoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shall, in the presence of the child(ren) make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child(ren). 7. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 8. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 9. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 10. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 11. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 12. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement K D KD & LB supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: 1441, i Kristine Deitz, Mother COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the day of , 2006, before me, the undersigned officer, personally appeared (mown to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public 6Ws COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the day of , 2006, before me, the undersigned officer, personally appeared known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL My commission expires: ?_ , .- 1 ? , ,n ti_ .?I ? C - ?? '. t:' .. aY .> , ?::.: LARRY D. BURKHOLDER, Plaintiff V. KRISTINE DEITZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. j?)• 1//3 7 Civil Term IN CUSTODY JUL24Me' ORDER AND NOW, this ZS ?„ day of -Ai l 1 , 2006, having reviewed the attached agreement between the parties dated July 18, 2006, it is hereby ORDERED and DECREED as follows: 1. Father, Larry D. Burkholder, shall have sole legal custody of the child, Trinity J. Burkholder. 2. Father, Larry D. Burkholder, shall have primary physical custody of the child, Trinity J. Burkholder, and Mother shall have periods of physical custody as agreed by the parties. 3. The custody agreement signed by the parties on July 18, 2006 and filed under the above-captioned docket number shall be entered as an Order of Court. cc: LZane Adams, Esquire, for father Vifristine Deitz, Mother 14 `- O „ , ?r;"? ?, ,? ?? ,+ LARRY D. BURKHOLDER, Plaintiff V. KRISTINE DEITZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 06 - 4137 Civil Term IN CUSTODY Defendant PETITION FOR MODIFICATION 1. Plaintiff is Larry D. Burkholder, who currently resides at 66 West Main St., Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Kristine Deitz, who currently resides at 66 West Main St., Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of the following children: NAME DOB/AGE ADDRESS Trinity J. Burkholder Lylliana N. Burkholder October IT, 2002 (3) November 21, 2006 66 W. Main St. Newville, Pa. 17241. 66 W. Main St. Newville, Pa. 17241. 4. An Order was entered, pursuant to the parties agreement, on July 28, 2006 regarding Trinity J. Burkholder. A copy of said Order is attached as Exhibit "A." 5. The prior Order provided that Father have sole legal custody and that the parties share physical custody of Trinity J. Burkholder. 6. Mother and Father are not married. 7. Since entry of the prior Order, a second child, namely, Lylliana N. Burkholder, was born on November 21, 2006. 8. Until recently, the parties resided together, a change of circumstances has occurred because that Father anticipates separating from Mother on or about the date of the filing of this petition. 9. Father believes it would be in the best interest of the children to for him to have primary physical and legal custody of the children, due to Mother's state of mind and recent events in which the safety of the children were jeopardized while they were in Mother's care. WHEREFORE, Plaintiff requests the court to enter a custody Order, granting him legal custody and primary physical custody regarding the children. Respectfully submitted, Date: ?0 - `( r 0 J Adams, Esquire o. 79465 64 outh Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: - 0 'J Larry D. Burkholder, Plaintiff NA At 4 E t N ` C ,b,:.... • T7 j 5 r w ? t } y ' i .1 T" LARRY D. BURKHOLDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-4137 CIVIL ACTION LAW KRISTINE DEITZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, June 25, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 24, 2007 __ at 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By; /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 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 6,vo?j JZP --V- /oV4?? 46P 'AL7 ;,r /" Aorlopw MIiWAS'?N3J SC =Q{ WV 9Z n LOOZ A8V ONtO JP dd Hl A0 301±10-031H JUL 19W, LARRY D. BURKHOLDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4137 CIVIL ACTION - LAW KRISTINE DEITZ, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 19th day of July, 2007, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Jacq line M. Verney, Esquire, Custod Conciliator 7. N t_ i. ? t N LARRY D. BURKHOLDER, Plaintiff V. KRISTINE DEITZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. V?2 C4 1 J9 Civil Term IN CUSTODY STIPULATION AND CUSTODY AGREEMENT rdl This Stipulation and Custody Agreement is made this aJ day of 52007, by and between LARRY D. BURKHOLDER, (Hereinafter referred to as "Father"), o umberland County, Pennsylvania, and KRISTINE DEITZ, (Hereinafter referred to as "Mother"), of Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two children, namely, Trinity J. Burkholder, date of birth, October 17, 2002; and Lylliana N. Burkholder, date of birth, November 21, 2006. WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. V4> KD11 LB NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Until further agreement or Order of Court, Father shall have sole legal custody of both children, Trinity J. Burkholder and Lylliana N. Burkholder. However, both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. 2. Physical Custody. Physical Custody of the children, as that term is defined in the custody act, shall remain primarily with Father. Mother shall have periods of partial custody custody as mutually agreed by the parties. 3. Representation of Counsel. Father has employed and has had the benefit of counsel of Jane Adams, Esquire as his attorney. Mother is not represented by counsel but she has been advised by receipt of this document that: (1) Jane Adams, Esquire, is only representing the interests of Father and is not representing her interests and (2) that Mother has the right to obtain her own legal counsel if she so chooses. Both parties have carefully and completely read this agreement and are aware of its contents and legal effect. Mother has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Father. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. Neither party shall be under the influence of alcohol or illegal drugs when they have custody of their minor children. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child(ren) may have for the other parent and neither parent shall, in the presence of the child(ren) make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each parry agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child(ren). 6. Illness of a Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by Y-I!V,D IA LB telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of each Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Kristine Deitz, Mother it t4 (224A_n_ 61 ness Larry D. Burkholder, Father ?/Z-5 ?--? ?. c?? ? C- ?: -? t? ri=, ,?: h.? ?..' - S"`'s r7 ., . ... LARRY D. BURKHOLDER, Plaintiff V. KRISTINE DEITZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 4137 Civil Term IN CUSTODY ORDER AND NOW, this Z 7 ? day of 1 u ? I , 2007, having reviewed the attached agreement between the parties dated July 23, 2007, it is hereby ORDERED and DECREED as follows: 1. Larry D. Burkholder shall have sole legal custody of his children, Trinity J. Burkholder and Lylliana N. Burkholder. 2. Larry D. Burkholder shall have primary physical custody of Trinity J. Burkholder and Lylliana N. Burkholder, and Kristine Deitz shall have periods of partial physical custody as the parties mutually agree. 3. The parties' agreement, dated July 23, 2007, shall be entered as an Order of Court. cc: ne Adams, Esquire, for fath .1'ristine Deitz, mother _t k dINVA?N3d AlNno R'Zv i 7 TY11v1 6C :! Nd LZ lnr LOQZ AHVI0WH10dd 3H1 .40 30114Cy-0311A ARLENE L. MIXELL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANYELLE L. SCHEIBELHUT, DEFENDANT 07-4137 CIVIL TERM ORDER OF COURT AND NOW, this 2-r` day of February, 2008, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Daniel K. Deardorff, Esquire, Chairman, shall be paid the sum of $50.00. By the C , Edgar B. Bayley, J. 1 Daniel K. Deardorff, Esquire Court Administrator sal ?y ajj adoa DO y. c?7 s t??: s° :,: ?'?,r' . r ... ,.. _? ` _ ' ?'? ?? ?i t '? .,_ ? ? __ &=-- t. " Li_ ?' c ?:. ?.-? ?' ;? ,, c?-.i LARRY D. BURKHOLDER, Plaintiff/Petitioner vs. KRISTINE DEITZ, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 4137 Civil Term ACTION IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Larry D. Burkholder, by and through his counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Larry D. Burkholder, Petitioner, (hereinafter referred to as "Father"), is the Plaintiff in the above-captioned matter and currently lives at 66 W. Main St., Newville, Cumberland County, Pennsylvania, 17241. 2. Kristine Deitz, Respondent, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is currently believed to live in Carlisle, Pennsylvania. 3. The parties are the natural parents of three children, namely: Chance Haylo Burkholder, born 3/12/09 Lylliana N. Burkholder, born 11/21/06 Trinity J. Burkholder, born 10/17/02 4. The parties are subject to an Order of Court dated July 27, 2009, which was a result of the parties' agreement. 5. The prior Order provided that Father has sole legal custody and primary physical custody of the younger two children. 6. There has been a substantial change of circumstances since entry of the prior Order, specifically; (a) The youngest child, Chance Haylo Burkholder was born 3/12/09. (b) Father primarly cared for the youngest child since birth, as mother was in and out of rehab through June 2009. (c)Although Father has primarily cared for all three children since Chance's birth, Mother recently removed Chance from Father's care after a domestic dispute, which occurred on September 17, 2009. (d) Father is extremely concerned about the child since to Mother's extensive history of drug use. 7 Father is requesting a modification of the current custody Order, to provide that Father have sole legal and primary physical custody of all three children. 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 children. 9. It is believed and averred that the best interest and permanent welfare of the child be promoted by changes proposed in this custody petition because the modification will ensure the children's well being. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the children. Respectfully submitte , Date: g 0\ J ne Adams Esquire . No. 79465 17 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF From: 09121/2009 16:39 #205 P.0051005 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 unworn falsification to authorities. 011 Date: arty D. Burkholder, Petitioner ? 3 0 9 3sf LARRY D. BURKHOLDER, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 4137 Civil Term KRISTINE DEITZ, : ACTION IN CUSTODY Defendant/Respondent PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Larry D. Burkholder, by and through his counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Larry D. Burkholder, Petitioner, (hereinafter referred to as "Father"), is the Plaintiff in the above-captioned matter and currently lives at 66 W. Main St., Newville, Cumberland County, Pennsylvania, 17241. 2. Kristine Deitz, Respondent, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is currently believed to live in Carlisle, Pennsylvania. 3. The parties are the natural parents of three children, namely: Chance Haylo Burkholder, born 3/12/09 Lylliana N. Burkholder, born 11/21/06 Trinity J. Burkholder, born 10/17/02 4. The parties are subject to an Order of Court dated July 27, 2009, which was a result of the parties' agreement. 5. The prior Order provided that Father has sole legal custody and primary physical custody of the younger two children. 6. Lylliana N. Burkholder had a traumatic brain injury and is physically and mentally handicapped. Her injuries are a result of an automobile accident in January 2006, which Mother was driving while under the influence of prescription drugs. 7. In June 2007, Mother was charged with child endangerment for leaving the children at home alone. At the time, Lylliana and Trinity were at home with Mother's other child, Kobe Kaufman, age 8. After the incident Children and Youth filed an emergency petition and transferred custody of Kobe Kauffman to his Father, Kirk Kaufman. 8. During her pregnancy, Mother used prescribed methadone, but also tested positive for cocaine and other opiates numerous times. 9. From August 2008 through June 2009, Mother has participated in several in- patient rehab programs due to her drug dependency. During the past three years, Mother has lived primarily in rehabilitation facilities. 10. The parties' youngest child, Chance Haylo Burkholder, was born in March 12, 2009. Prior to Chance's birth, Mother was taking methadone. He remained in the NICU at the Harrisburg Hospital for 5 weeks after birth due to methadone withdrawal. 11. Immediately after Chance was born, Mother went back to Bowling Green Rehabilitation Center in Kennett Square, Pennsylvania for the third time. She was there for 90 days until the end of June. She was released to a half-way house, called Evergreen in Harrisburg. During this period of time, Chance Haylo Burkholder lived with Father who was his primary caregiver. 12. From June 2009 through August 2009, Mother lived at Evergreen House of Catholic Charities, which is a rehab or half-way house which provides treatment services to combat substance abuse issues 13. In August 2009, Mother was kicked out of the Evergreen House when she did not return to the house on-time because of a necessary appearance at a court hearing due to an outstanding warrant. Father allowed Mother to return to his home at 66 W. Main Street, Newville, Pa, as she had no other place to go. The parties lived in Father's home since that time with all three children but did not reunite as a couple. 14. On September 17, 2009, Mother and Father got into a fight, the police were called, and came to the residence, and Mother was directed to leave Father's home. Mother indicated that she was taking the youngest child, Chance, as the prior court Order was not modified to provide for custody of Chance. 15. On or about 11:30 p.m. on September 17, 2009, Mother left Father's home with the parties' youngest child, Chance, and has not returned. Father believes she is living somewhere in Carlisle. 16. Father has been the child's primary caretaker since birth and has provided a stable and loving home. Since September 17, 2009 Mother has refused to return the child to Father and has avoided contact with Father. 17. Father is extremely concerned about the child's welfare, given Mother's past history. Father is requesting an Order directing that Mother return the child to his home, where the child has primarily lived since birth, and that he maintain legal and primary physical custody until further hearing or Order of Court. 18. It would be in the best interest of the child to grant the relief requested, as such relief would ensure that the child remain in Father's primary care, as he has since birth, and would ensure that the child continues to reside in a stable and safe home. 19. A petition to modify custody was filed contemporaneously with this Petition; it is anticipated that a conciliation date in the near future. 20. The requested relief would provide for the stability and safety of the child; Father is extremely concerned about the safety of the child and the risk of harm to the child if the requested relief is not granted. 21. This matter was previously handled by Judge Oler. 22. Based on her conduct, it is believed that Mother will not agree with the relief requested. WHEREFORE, Petitioner requests that the court enter an Order directing that the child, Chance Haylo Burkholder, be returned to Father under further hearing, conciliation, or Order of Court. Date: 9 ?aa?o9 Respectfully submitted, ,09n Adams, Esquire I.D. o. 79465 17 est South Street arli?le, Pa. 17013 (717) 245-8508 ATTORNEY FOR FATHER LARRY D. BURKHOLDER From: 09/21/2009 16:46 #206 P.001/001 VERIFICATION I verify that the statements made in this Petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. LL Date: Z? Og Lang D. Burkholder, Petitioner iL €1-1 1 OF THE PR' TA-Py 9 S, ri' 2 3 t'r.} `.+ 200 l.,i..t+'v` -Pet, av if 10, on fie, 62b yz . /&,,•. •l 30 957 LARRY D. BURKHOLDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KRISTINE DEITZ, Defendant NO. 06-4137 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 28'x' day of September, 2009, upon consideration of Plaintiffs Petition for Special Relief, a hearing is scheduled for Friday, October 30, 2009, at 11:15 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J /ane Adams, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff `tine Deitz 1010 Cranes Gap Road Apt. 2 Carlisle, PA 17013 Defendant, pro Se 1 :rc OF The PFD `-'()N!O ARY 2009 SEP 28 PI`S 3. 4 6 LARRY D. BURKHOLDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-4137 CIVIL ACTION LAW KRISTINE DEITZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 30, 2009 , 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, October 20, 2009 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 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 oWOTARY OF Q p 209 SEP 30 PW * 55 y OCT 2 2 2009 G+ / LARRY D. BURKHOLDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4137 CIVIL ACTION - LAW KRISTINE DEITZ, Defendant : IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this Vc a day of 0, a , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated July 27, 2007 at this docket number and October 2, 2009 at docket number 09-6472 are hereby vacated. The hearing scheduled for October 30, 2009 at 11:15 a.m. is hereby cancelled, as Father has withdrawn his Petition for Special Relief. 2. The Father, Larry D. Burkholder and the Mother, Kristine Deitz, shall have shared legal custody of Chance Haylo Burkholder, born March 12, 2009, Lylliana N. Burkholder, born November 21, 200 and Trinity J. Burkholder, born October 17, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent 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. Father shall have primary physical custody of the children. 4. Mother shall have periods of partial physical custody as follows: A. Beginning Friday, October 23, 2009, alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m., or at other times as agreed by the parties, with Chance and Lilliana. B. On alternating weekends, at the same times as above, Mother shall have physical custody of Trinity. 5. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. The parties shall alternate these blocks as agreed. 6. Neither party may partake in illegal drugs or drink alcoholic beverages to the point of intoxication immediately prior to or during their periods of physical custody. 7. 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. Either party may request another Custody Conciliation Conference within 6 months of this Order. BY THE COURT, ik, J. W ley Oler, Jr., J. cc: Jane Adams, Esquire, Counsel for Father Abraham Prozesky, Esquire, Mid Penn Legal Services, Counsel for Mother - OF THE R-,7 2009 OCT 29 PM 12. GO Pr-1 ?ti ?r,?;• ft h;+f? OCT 2' 2009 LARRY D. BURKHOLDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4137 CIVIL ACTION - LAW KRISTINE DEITZ, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Chance Haylo Burkholder March 12, 2009 Lylliana N. Burkholder November 21, 2006 Trinity J. Burkholder October 17, 2002 Father Father Father 2. A Conciliation Conference was held in this matter on October 20, 2009, with the following in attendance: The Father, Larry D. Burkholder, with his counsel, Jane Adams, Esquire, and the Mother, Kristine Deitz, with her counsel, Abraham Prozesky, Esquire, MidPenn Legal Services. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr regarding the two older children dated July 27, 2007, providing for sole legal custody and primary physical custody with Father and Mother having periods of partial physical custody as agreed. An Order of Court in a PFA matter, at docket number 09-6472 provided for Mother to have physical custody of the youngest child, Chance, until the within conciliation conference. A hearing on Father's Petition for Special Relief is scheduled for October 30, 2009. 4. The parties agreed to an Order in the form as attached. Date lD •,Z G -U acq line M. Verney, Esquire Custody Conciliator