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Home My WebLink About00-07183 ~ ,,' ""j ~""< . " ,,,/ JENNIFER HECKENDORN DELLINGER PLAINTIFF V. DERRICK DELLINGER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7183 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 20th day of Octoher, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicshurg, PA 17055 on the ~ day of November ,2000, at ~OO p.m. 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 permanent order. FOR THE COURT, By: Isl Dawn S. Sunday. Esq.tfJ 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 1HIS 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . I ; r. . ~_~ , /t1.d3-aJ jC).c)30t' It'd;] 'O?' ~ ^ , _'no' Y. ~~~~ ;-; --, ~~ ~ ~, "N ,",' ,"'~ "-"'<' .- . '-' '-''''^ "'-_.. ,-,W',,," ~' ','.." ',0< '-"'>,'0,"'''''"'' ~'_' ; '-"''-' nj~ r'IC'-lI" ') ,:~ k')'': ,,: l.l ~_" '.,' _ l~," .;; ~- ,- ~1 ::: ,"" ,":",' ,(', :"11\/ \'j..)ivl'_':~1 ;'"~, ....!.JJI\ b PENNSYL\/i~Nl/\ w.~~~4~ ~~~~ ~~ IU~ Z; ~.~ / ~_!"'~~_i5!jf!ml$11IjWV~i!'FJ"''i~'f'''!1.g,,~j~'''~f1}'r!i"~~~~~~_~1!~_~I""",,__~,,,__, ~~ ,-. --"--~.'--"-" ~ -,.~ '.'" -,- " - ',-,-, "'-0 - ,,,' >. ;.-,'c_ '~_ r _ ~_____~ "-....,c:"=-" ',,,L,,,~,,';>-^ ,- '" -"~--<_4; -" "-;,-;\,,,,..--,~;;:;'~';:;-',ii,,ci;".;>-, ',- __,. .. . ........ ,-,,,',,'. I I JENNIFER HECKENDORN DELLINGER: IN THE COURT OF COMMON PLEAS Plaintiff : OFCUMBERLAND COUNTY , : PENNSYLVANIA v. ~ NO. fJv -76I~L 2000 DERRICK DELLINGER, Defendant : CHILD CUSTODY 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 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 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 WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-249-3166 _ ,c- "~;;"~'J.-",,':"'.'--i c_ '~"-,,~, -,"" d'" ~._ "" - 'c;__, ',.,~; ._,,~=-- -..",.",,",:- ;","" ,'.,;-,:cL.-.,,, ,:~',,_;;>i~~__,';;;-""',,;,'_':;,-,",__ ,~, '-'1 i i JENNIFER HECKENDORN DELLINGER: IN THE COURT OF COMMON PLEAS Plaintiff : OFCUMBERLAND COUNTY , : PENNSYLVANIA v. : NO.oo-7/~ CIVIL 2000 DERRICK DELLINGER, Defendant : CHILD CUSTODY mm~l{ nl? r.nTTwr AND NOW, this - day of ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , at , Cumberland County, Pennsylvania at , on the - day of , 2000, at .m., 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. For the Court, Custody Conciliator YOU SHOULD TAKE THIS 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 WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-249-3166 -~ - ,~~"'..-- ~ ~, , ,- ~ ., , .. ,<, -,,; ____~J-, ~,~ .; ""-'-', ,J -.; -, "-'l'," " ~_~.> ,,', - ',,,-,,, ,-,'i__, JENNIFER HECKENDORN DELLINGER: IN THE COURT OF COMMON PLEAS Plaintiff : OFCUMBERLAND COUNTY , : PENNSYLVANIA : NO. OU-1/~3CIVIL 2000 v. DERRICK DELLINGER, Defendant : CHILD CUSTODY c.TT~Tonv C.OMPT .'\ TNT 1. The Plaintiff is JENNIFER HECKENDORN DELLINGER, residing at 1781 Trindle Road, Cumberland County, Pennsylvania, 17013. 2. The Defendant is DERRICK DELLINGER, residing at 1584 Pine Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks primary physical custody of the parties' two children, ZAYN CHRISTIAN DELLINGER and XAVIER PAYTON DELLINGER, both born January 3, 2000. The children were born out of wedlock but the parties married on June 2, 2000. The children are presently in the physical custody of the Plaintiff but no schedule has been agreed to or ordered. Since their birth, the children have resided with the following persons and at the following addresses: From their birth on January 3, 2000, until about April 1, 2000, the parties lived with their two minor children at the home of Plaintiffs parents, with her parents, at 1781 Trindle Road, Cumberland County, Pennsylvania, 17013. From about April 1, 2000 until October 1, 2000, the children resided with the parties at 1584 Pine Road, Carlisle, Cumberland County, Pennsylvania. ^"-,"-'- ,-,--. " ~,' _J":_"~' __ c' C_ :-01, -- ,-, '"' ~""" _~ ';;,:_" ',,,'_, ' _~ ,;,:':....;';~-:':o-"-<' '-,..." ,',;-\, From October 1, 2000 through the present, the children have resided with the Plaintiff and her parents at 1781 Trindle Road, Cumberland County, Pennsylvania, 17013. 4. The mother of the children is the Plaintiff, JENNIFER HECKENDORN DELLINGER. She is married to the Defendant. 5. The father of the children is the Defendant, DERRICK DELLINGER. He is married to the Plaintiff. 6. The relationship of Plaintiff to the children is that of biological mother. The Plaintiff currently resides at 1781 Trindle Road, Cumberland County, Pennsylvania, 17013, with her parents. 7. The relationship of the Defendant to the children is that of biological father. He currently resides at 1584 Pine Road, Carlisle, Cumberland County, Pennsylvania. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 1. Plaintiff does not know of any person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 20. The best interests and permanent welfare of the children will be served by granting temporary and permanent primary physical custody to the Plaintiffi'mother because she has been the primary caretaker of the children since their birth, she is currently unemployed (by agreement of the parties) in order to provide full-time care for them, and she is a devoted, loving mother, able to provide for her childrens' care. The Defendant/father, while a loving father, has demonstrated that he is only able to care for the children for brief periods of time and he regularly exposes the children to illegal drugs or persons under the influence of illegal drugs, including himself. ~"^-, -->.~,~,,;,-,-,,~,,",',-, ~- -;~ -<' "", ",-",,,,-~ "" --_~'" ; ~".;I'--~ _~".'_"_:" ", <'."'_ " '_, -" '.:';, ~'-- - ;it WHEREFORE, Plaintiff requests of this Honorable Court that it enter an Order, providing for shared legal custody, primary physical custody of the children with Plaintiff, the children's mother, that the Court set forth a specific schedule for partial physical, and that it impose conditions upon the Defendant to assure the children will not be exposed to illegal drugs. Respectfully submitted, BY: Samuel W. Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 VERIFICATION I hereby verify that the statements made in the foregoing 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 falsification to authorities. t c\ C?(DC) i''-'-: , "~. -'~"-;-"'--- ITJL1, ._" ,'____,~. -"'-,--~ ' ^^ -, ,,,,,-,~,,- ,,>,,' """;,~~~:_- -= ".d' -" -- {A~ 0 ~, ',;" ',,i,;-';'," I II I ;--"e'';11'--~ ,i, .1'11I" _"b',"_,C--_ ~~ "- " ~ ~ ~ ~ - ,...J ~ po e:J ~\~~ " ~p ~ - ~ '" . _ " -, --' ~".O- Q "T~3 11 ~ n- 2"-:-; t;:~;~ -~ ----, ~:-:(> ~c ~2 :.::i -< \~ c--:-) 1=' n ;;;''1 'J C) -; ., ~~....i .''(') ~..-.. , , ....\~ :." ('-" ::;.:'; .,l--'~ :::0 -~ m ~" ~V" '1' .' ~, ,- --"-,--~ __o~__ -,"- ----,'- '-.-',' .::;.--__[, '-1,- _'_'- -..-_.1:"_-' ij y-~-,~, c:"'..'.".-i,,';- - ,-'",,<~ _,,, ,;;:.:",,;,., 'I ,_; ~,- ".2::; l JENNIFER HECKENDORN DELLINGER: IN THE COURT OF COMMON PLEAS Plaintiff : OFCUMBERLAND COUNTY , : PENNSYLVANIA v. : NO. 00-7183 CIVIL 2000 DERRICK DELLINGER, Defendant : CHILD CUSTODY C:RR'I'Tli'TC:A'I'R OF ~RR'nC:R I, Irving Wallace, hereby certify that a copy of the Custody Complaint in the above captioned matter was duly served upon the Defendant, Derrick Dellinger by delivering it to him personally on October Zl.,2000. at 4: 30 P~l I hereby verify that the statements made in the foregoing 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 falsification to authorities. DATE: October 23, 2000 ~~ tMlL'~' ~_. '>Oi "'"'~ _ __~""~~, _ ",< .<' ,__r., ~",'",H'L,.,. ,.... " ;",-,~':"".;,,- -, It ;.:c,~_';:";i" N ~__",_>-,",_, ,",,,_ ',-.o>,__,~" _ -.," ,,_ -, ,~ , ~,,' ;",,' "--- ,',," , .~ ;-, '- ',' ,-, ..~ . ~~"- j 8 <::> ,""' 0 ~ s: " 0 t~ ,-, ;~f~~'!J -I .5; f'.3 .~~-? ..... rse; ::::j'C) :;;:: ;Do :J:.:-r, ~8 :JI:: o-trJ -.:>\',('") c: ':9 om ~ c.> s;:! :0 - -<: " ~. --I, ri~,"",-"In JENNIFER HECKENOORN DELLINGER, Plaintiff : IN THE OOURT OF OOMMON PLEAS OF : CUMBERLAND OOlJNTY, PENNSYLVANIA . . vs. : NO. 00-7183 CIVIL TERM . . : CIVIL ACTION - LAW DERRICK DELLINGER, . . Defendant . . IN CUSTODY ORDER OF COURT AND Nai, this 26th day of October, 2000, the Conciliator, being advised by Plaintiffs · counsel that there is no need for a CUstody Conciliation Conference at this time due to the parties' efforts at reconciliation, hereby relinquishes jurisdiction in this case. The CUstody Conciliation Conference scheduled for November 1, 2000 is canceled. FOR THE OOURT, (aA~ Dawn S. Sunday, Esquire CUstody Conciliator - Ii~~lm'jl~~' "~l ~1I$l$!'i~~~~!I~'M~~~.h.~'._i~~ . - VINVillASNN3d JJ.NnO::J (!N\l"~:F38IfJnO 8'1 :OIIW 8- i\ON 00 ^' L'\''1l');\J'r-)i..) l! l' ~}-;) ',~i~I' i-liD Gv....,. ....... l. ,_;___,~ _" - .... 3Qlj~O-03lL:l Il,_,}',__,,,,,..,,,,.,,, <..rl,~<~, ~ ._<,=..--~~",'~".,~ "~' ""',,",,-<, ':'_~<.-, ",-,,",,,,, -- ,= -'~~'- ~, " ~