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HomeMy WebLinkAbout99-04073¦ ?D L d ;a >Z "3 i BRETT E. DELLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-4073 CIVIL TERM TANYA R. DELLINGER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AMID NCW, this 3'l day of 04;V,4-? , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated January 26, 2000 is suspended and replaced with this Order pending further Order of Court or agreement of the parties. 2. The Father, Brett E. Dellinger, and the Mother, Tanya R. Dellinger, shall have shared legal custody of Morgan Aylissa Dellinger, born June 27, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 3. The Father shall have primary physical custody of the Child. 4. The Father shall cooperate in scheduling periods of supervised visitation with the mother if appropriate during the Mother's period of treatment. 5. 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. BY THE cc: Mary Kollas Kennedy, Esquire - Counsel for Father Steven J. Fishman, Esquire - Counsel for Mother p p '.; ??? . ,? .: ?Q Li'? r? %i.l, 't' 1 4 BRETT E. DELLINGER, Plaintiff VS. TANYA R. DELLINGER, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-9073 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY cusrow CONCILIATION SUMMARY REPORT IN ACCORDANCE NITH 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 Morgan Aylissa Dellinger June 27, 1997 Father 2. A Conciliation Conference was held on September 27, 2000, with the following individuals in attendance: The Father, Brett E. Dellinger, with his counsel, Mary Kollas Kennedy, Esquire, and the Mother's counsel, Steven J. Fishman, Esquire. The Mother, Tanya R. Dellinger, who is currently incarcerated in the Cumberland County Prison, consulted with her counsel during the Conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. 1n/i Ly J?? Date Dawn S. Sunday, Esquir Custody Conciliator a s pzzs? w 4 All U. fi 1 4J CQIE cp v? 4@4 ci p e p??FJ ?ia > ?& ?>+ fats w? a d ? ig? o =$3a? 'ci all E OrT , y_ BRETT E. DELLINGER, Plaintiff V. TANYA R. DELLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4073 Civil CIVIL ACTION - LAW IN DIVORCE AGREEMENT This Agreement is made this 5 day of 5411. 2000 , by and between Tanya R. Dellinger of Cumberland County, Pennsylvania ("Wife") and Brett E. Dellinger of Cumberland County, Pennsylvania ("Husband".). WITNESSETH WHEREAS, the parties hereto are Husband and Wife, having been married on December 3, 1994, in Lewisberry, Pennsylvania; WHEREAS, certain unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, that it is their intention to live separate and apart for the rest of their natural lives, that they are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: 1. The settling of all matters between them relating to the ownership of real and personal property including property heretofore or subsequently acquired by either party; 2. The settling of all disputes, rights and/or interests between them arising out of or by reason of their marriage including but not limited to the past, present and future support, alimony, counsel fees, costs or maintenance of Wife by Husband or of Husband by Wife; 3. In general, the settling of any and all actual and possible claims by each party against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Advice of CounseL The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Mary Kollas Kennedy, Esquire, of Kollas and Kennedy in Camp Hill, Pennsylvania. Wife has been advised of her right to review this Agreement with counsel of her choice. The parties acknowledge that each has had the opportunity to receive independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, the Agreement is, in the circumstances, fair reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of the Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 2. Definitions. (a) Divorce Code. The phrase "Divorce Code" shall be defined as Act No. 1990-206, 23 Pa.C.S.A. § 3101 et seq. (b) Dcrle of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. Effective Dule of Agreenrenl. This Agreement will become effective and binding upon both parties upon execution of this Agreement by both of them. 4. Effect of Divorce Decree--Incorporation, No Merger. The parties agree that unless otherwise specifically provided herein this Agreement shall continue in full force and effect after such time as a final decision in divorce may be entered with respect to the parties. Husband 3 and Wife agree that the terms of this Agreement shall be incorporated but not merged into any divorce decree which may be entered with respect to the parties and therefore Wife and Husband agree and each of the parties does hereby warrant and represent to the other that should either of them obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, that party will take all reasonable steps to have this Agreement incorporated as part of any such decree, judgment or order. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. Nevertheless, it specifically is understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that should either of the parties obtain a decree, judgement or order of separation or divorce in any state, country orjurisdiction, each of the parties agrees that all of the provisions of this Agreement shall not be affected in any way by any such separation or divorce, it being agreed by the parties that this Agreement shall continue in full force and effect after such time as a final decree a divorce may be entered and shall survive and not be merged into any such decree, judgment or order. 5. Effect on Divorce. The parties agree to take all legal steps (including timely and prompt submission of all documents and the taking of all action including executing the appropriate waivers of notice of the master's hearing, right to file exceptions, and right to file appeal) necessary to assure that a divorce pursuant to Section 3301 of the Divorce Code is entered as soon as possible, but in any event not later than three (3) weeks from the date of execution of this Agreement. To that end, the parties have executed and agree to promptly file the affidavits required to obtain a divorce pursuant to § 3301(c) of the Divorce Code. If, after the execution of this Agreement, either party delays or contests the obtaining of a final, unappealed divorce decree, that party shall be fully responsible for all attorney's fees, costs and/or expenses incurred as a result of such delay in obtaining the decree. 6. Effect of No Divorce. This Agreement is predicated upon and made subject to the attainment of a final decree in divorce under Sections 3301(c) of the Divorce Code and therefor, except as otherwise provided for herein, this Agreement will be null and void if a final decree in divorce is not obtained within six (6) months of the date of execution of this Agreement. Warranty of Disclosure. Husband and Wife represent and warrant that they have disclosed to each other the full extent of their assets, income and liabilities. Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or income. 8. Equitable Distribution of Property. (a) Preniise.v. Husband and Wife hold title as tenants by the entireties the premises identified as 13 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013 (the "Marital Residence"). The parties have agreed to a sale of the Marital Residence with the proceeds to be distributed as follows together with these additional terms: (1) The first $15,800.00 shall be paid to David Ling to satisfy a loan made to the parties by Wife's father during the course of the marriage. (2) Any remaining proceeds will be divided equally between the parties so that Wife shall receive Fifty Percent (50%) and Husband shall receive Fifty Percent (50%.) (3) The parties have previously agreed and herein affirm that Husband shall remain the listing real estate agent of the Marital Residence until it is sold. As such, the commission received by Husband is his alone and shall not be considered as part of the proceeds from the sale of the Marital Residence but shall be considered as an expense of the sale. (4) Husband is entitled to sole and exclusive possession of the Marital Residence until it is sold. (b) Persona! Properly. The parties agree that the personal property of the marriage has been previously distributed. Upon execution of this Agreement, the property in possession of Husband shall be his sole property and Wife forever waives any rights she may have had to the personal property in possession of Husband. The property in possession of Wife, upon execution of this Agreement, shall be the sole property of Wife and Husband forever waives any rights he may have had to the personal property in possession of Wife. (c) Liahililies. Husband shall assume payment of the mortgage on the Marital Residence until it is sold and the mortgage is satisfied. Husband shall hold Wife harmless from the mortgage. Any other liabilities remaining are the responsibility of the party incurring the debt. Each agrees to hold the other harmless against any such liabilities. (d) Automobile. The Wife shall receive title to the 1992 Mercury Sable vehicle which Husband has already surrendered to her and the Husband shall execute the necessary papers for transfer of the 1992 Mercury Sable to Wife. (e) 401(k). The parties agree that Husband shall retain his 401(k) from Fry Communications in its entirety. By this agreement, Wife hereby waives, releases and gives up any right, title, interest or claim she has or may have had in the above referenced account. 9. Credit. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide forjoint liability. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. 10. Counsel T-ces. Husband and Wife agree each party shall be responsible for his or her own legal fees and expenses, except that, in the event of a breach of this Agreement, fees shall be recoverable by a non-breaching party in an action to enforce the provisions of this agreement. 11. Warranty as to Future Obligations. Wife and Husband each covenants, represents, warrants, and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or the estate of the other may be liable, and each now and at all times hereafter shall indemnify and hold harmless the other party from and against any such liabilities, costs or expenses, including attorney's fees, relating thereto incurred by the other party after the date of execution of this Agreement. 12. Warranties as to Existing Obligations. During the course of the marriage, Husband and Wife have incurred certain liabilities and it is hereby agreed, without the necessity of ascertaining for what purpose and for whose use each of the bills was incurred, that of those liabilities that were incurred prior to the date of execution of this Agreement, Wife and Husband each covenants, represents, warrants and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, as of the date of execution of this Agreement, no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; and, if any such debts or obligations should be determined to have existed as of the date of execution of this Agreement, the party who incurred that debt shall indemnify and hold the other party harmless for and against any loss or liability and costs or expense, including attorney's fees, incurred as a result of those liabilities. 13. Mutual Releases. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claim in or against the property (including income, and gain from property hereafter accruing) of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising (a) out of any former acts, contracts, engagements or liabilities of such other, (b) by way of dower or courtesy or claims in the nature of dower or courtesy or widow's or widower's rights, (c) as family exemption or similar allowance, or (d) under the intestate laws, the right to take against the spouse's will, the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) Pennsylvania, (ii) any other State, Commonwealth or territory of the United States, or (iii) any other country. Except, and only except for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, the parties agree that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable distribution of property, alimony counsel fees and expenses, alimony pendente lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. The parties further release and waive any rights which either party may have now or hereafter against the other including but not limited to claims for past, present or future support or maintenance, alimony, alimony pendente lite, property division (including but not necessarily limited to equitable distribution), counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, whether under the Divorce Code or otherwise. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any pert of this Agreement, it is the intention of Wife and Husband to give to each other by the execution of this Agreement, and full, complete and general release with respect to any and all property of any kind or nature, whether real, personal or mixed, which the other now owns or may hereafter acquire. 14. Mutual Waivers. Except as provided for in this Agreement, Wife and Husband do hereby waive, release, and give up any rights that they may respectively have, either at the present or in the future, against the other for equitable distribution, alimony, support, maintenance, or for any other right resulting from their status as Wife and Husband. Wife and Husband agree that neither party may apply to any court for a modification of this Agreement, with respect to alimony, distribution of property, or otherwise, whether pursuant to the Divorce Code or any other present or future statute or authority. Except as provided for in this Agreement, it shall be the sole responsibility of Wife and Husband to sustain herself or himself without seeking any support from the other party from the date of execution of this Agreement. In the event that either of the parties shall nevertheless seek such a modification, that party shall indemnify and hold the other party harmless from and against any loss resulting therefore, including counsel fees and costs. 15. Waiver or Modification to fie in Wi•itiitg. No modification or waiver orally of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent def hilt of the same or similar nature. 10 16. Mutual Cooperation. Each party shall, at any time and from time to time hereafter, take any and all steps to execute, acknowledge and deliver to the other party any and all further instruments and/or (within at least fifteen days after demand therefore) documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 17. Law of Pennsylvania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 18. Integration. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set forth herein. 19. Severability. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the Paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 20. Cotmaci Interpretation. For purposes of interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 11 21. Waiver of Liability. Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he or she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. rte- Brett E. Dellinger tm?a R. De Ij i der 12 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CuMgl r?a9 On this _Mday of .TA14l/AV-Y , Z Brett E. Dellinger known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. 4 01Y * COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUl?d?9 tary Public o C??d?d r:? ?Lhc My Commission Expires: SS: On this -5X day of ;JMOACY , ZGbO, Tanya R. Dellinger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. M4WK< - otary Public My Commission Expires: ', ' 4? J(P,miic My Comm?sai?c,pr.cs Fib. 7.2000 13 N m 9 } W n 2 < J Q W 2 Yaoi$ Ny o N P z W a Z Z Z n N o oW ?aoj Y =_ a u xMw?m •.o+un•no?u•nnme :oxwuoa err tvxouvxuuxi.nvie Tn n No vin ur.s Ir m. -4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. r ..r y ..$RETT..E....D !,LI.NGER,__.._.__.__.._.... Plai.n.tiff_ ............. . Vcixus ...TANYA.R._DELLINGER, i i i Defendant No. .907.3.... ....Civil 19 99 1 n DECREE IN DIVORCE AND NOW,.... r?. G''"^ .... ??? it is ordered and decreed that ... Brett. .E.. Dellinger ......................... plaintiff, and ... Tanya. R.. De.liinger ................................. defendant, are divorced from the bonds of matrimony. •v, i i i i s The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; e A .Marr.iage..&ettl.ement.Agreement . was executed by. -the. parties, on• ,74npary, 5.,..200.0.,..and .is..inQorpora.ted. but. no.t.merged. into, this Decree Divorce. i? Q y 7 t i! t j; Attest. J ii .,..,._J...... Prothonotary J i ,? BRETT E. DELLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-4073 Civil TANYA R. DELLINGER, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the Court for entry of a divorce decree: 1. Ground for a divorce: irretrievable breakdown under Section 330l(c) of the Divorce Code. 2. Date and manner of service of the Complaint: 07/8/99 Certified mail. restricted d livery 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff 01105100, by the Defendant 01105100. (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the plaintiffs affidavit upon the Defendant: 4. Related claim pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301 (d) of the Divorce Code: (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary 01/12/00. Date Defendant's Waiver of Notice in Section 3301(c) was filed with the Prothonotary 0 1112/0 0, n Mary Kollar Kennedy, Esquire Date: 1 I 13 16Z) Attorney &o the Plaintiff c G ?.7 J N 0 Y ? W °n z? W Q z G z ; az z z n z N O ? a C g a ° O o a E u NNM((0•ADM((q•19K1(9 •fY'OItO ?'ON WYOf 'JM ?YMIIYNY3(M d1v1PTY f0 xgDAq v ?Y03t 31v19'lly BRETT E. DELLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99- ?10?3 TANYA R. DELLINGER, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER OF COURT fh AND NOW, this day of , .?\-', 1999, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before 15g) . the conciliator, at 3q W • K*1 ? 61 YJUC , on the 11) day of Aj(jtL {; 1999, atL? o'clock P.m. for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court: fl M?`?ocu ?1 , Custody Conciliator i .,l 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 717-249-3166 s9JUL 13 AfI11: IQ PENNS1'LW VIA i3 'w d. ? i /cr;,a,, Lo CGG? ?? BRETT E. DELLINGER, Plaintiff V. TANYA R. DELLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 79• 5/073 CIVIL ACTION - LAW IN DIVORCE YOU HAVE BEEN SUED IN COURT. 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 Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 BRETT E. DELLINGER, Plaintiff V. TANYA R. DELLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- V07J &,a -r,.,- CIVIL ACTION - LAW IN DIVORCE AND NOW comes the Plaintiff, BRETT E. DELLINGER, by and through his counsel, Kollas and Kennedy, and respectfully represents as follows in support of the within Complaint: 1. Plaintiff is Brett E. Dellinger, an adult individual currently residing at 13 Brian Drive, Carlisle, Pennsylvania, 17013. Plaintiffs Social Security Number is 165-64-9081. 2. Defendant is Tanya R. Dellinger, an adult individual currently residing at 13 Brian Drive, Carlisle, Pennsylvania, 17013. Defendant's Social Security Number is 204-52-6237. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 3, 1994, in Lewisberry, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. Plaintiff and Defendant are both citizens of the United States. COUNT I - DIVORCE PURSUANT TO §3101(c) OR !d1 OF THE DIVORCE CODE 8. Paragraphs I through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. The marriage of the parties is irretrievably broken. C OUNT II _REQUEST FOR FO ITAB E DIR T 1B UTION PURSUANT TO SECTIO N 3502 O F TAE . DIV ORCE CODE. 10. Paragraphs 1 through 9 are incorporated herein by reference as though set forth in full below. 11. The parties are owners of marital property subject to equitable distribution. 12. Plaintiff requests this Honorable Court to equitably divide, distribute or assign marital property between the parties and to assign the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. COUNT III - CUSTODY 13. Paragraphs I through 12 of this Complaint are incorporated herein by reference as though set forth in full. 14. One minor child has been born to the marriage between Plaintiff and Defendant: (a) A daughter, Morgan Aylissa Dellinger, was born on June 27, 1997. 15. The child is presently in the custody of both Plaintiff and Defendant. 16. In the past five years, Morgan Aylissa Dellinger has resided with the following persons and at the following addresses: Brett D. Dellinger and Tanya R. Dellinger 13 Brian Drive Carlisle, Pennsylvania 17013 17. Plaintiff is aware of no pending custody proceeding concerning the child in a court of this Commonwealth. 18. Plaintiff seeks primary physical and shared legal custody with visitation of the child, Morgan Aylissa Dellinger, to the Defendant. 19. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff has shared the role of primary care giver to the child. (b) Plaintiff is more likely to facilitate a relationship between the other parent and the child. (c) Plaintiff can provide a nurturing, stable, and loving environment for the child. 20. While no custody agreement has been reached as of the date of the filing of this Complaint, Plaintiff is willing to negotiate a fair and reasonable agreement of all matters with Defendant and is hopeful that Defendant may also be willing to enter into a custody agreement. 21. To the extent that a written custody agreement might be entered into between the parties, Plaintiff desires that such written custody agreement be approved by the Court and incorporated in any divorce decree which may be entered. 22. Paragraphs 1 through 21 of this Complaint are incorporated herein by reference as though set forth in full. 23. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 24. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is willing to negotiate a fair and reasonable settlement of all matters with Defendant and is hopeful that Defendant may also be willing to enter into a marital settlement agreement. 25. To the extent that a written settlement agreement might be entered into between the parties, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, the Plaintiff prays that Judgment and Decree be entered as follows: (a) As to Count 1, that a decree be entered divorcing Plaintiff from the bonds of matrimony with the Defendant pursuant to 23 Pa.C. S. Section 3301 (c) or (d); and (b) As to Count II, that an Order be entered equitably distributing property of the marriage; and 4 (c) As to Count III, if a written custody agreement is reached between the parties prior to the time of hearing, Plaintiff respectfully requests that this Honorable Court approve and incorporate any agreement into the decree in divorce; and (d) As to Count IV, that any settlement agreement reached between the parties be incorporated but not merged into the decree in divorce. RESPECTFULLY SUBMITTED Mary Koll Kennedy, Esquire U KOLLASV,ND KENNEDY I.D. No. 69246 1104 Femwood Avenue, Suite 104 Camp Hill, Pennsylvania 17011 Telephone: (717) 731-1600 ATTORNEY FOR PLAINTIFF DATE: Q BRETT E. DELLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. TANYA R. DELLINGER, CIVIL ACTION -LAW Defendant IN DIVORCE I, BRETT E. DELLINGER, verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unworn falsification to authorities. By: `6 ,emu Brett E. Dellinger DATE: CeJWJgC1 C ? v G n 11 V A N A W Z n WQ W 2 ?C aN 0 J 6zzZn n 0 N w d U. n a ? °oj 0 Y ? a f s u WNMIN 1 I'S91 -d ']NI T/Np1YNY3"lINl s31YuvLt1Mw T/ 10 0 NOiSW] Y 1Nn U YL9'11Y JUL - 9 1999N BRETT E. DELLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-4073 Civil TANYA R. DELLINGER, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF ONC NT I . A Complaint in Divorce under §3301(c) or (d) of the Divorce Code was filed on July 2, 1999, and was served upon the Defendant on or about July 8, 1999. The Acceptance of Service was filed on July 13, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not c.aim them before a divorce is granted. I verify that the statements made in this affidavit 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: I S-OO- BRETT E. DE . NGER t Itit i -v - .J Ll t l o °_5 ` ? CU U ("ter V -- -- ------------------ N m } LLI Z 3 'z W w g c z Yt0 Zvi;orn N 0 w a ga 0 Y IL f u wnwtm.?owiu.vmm.mntu :ou wro? ?xi trxannnwi.uarm n wawuo Aron ururn BRETT E. DELLINGER, Plaintiff V. TANYA R. DELLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4073 Civil CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I . A Complaint in Divorce under §3301(c) or (d) of the Divorce Code was filed on July 2, 1999, and was served upon the Defendant on or about July 8, 1999. The Acceptance of Service was filed on July 13, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit 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: DU T YA R. DELLINGER n to ?- h= ll l ??: N 1•'? . ' (( N :,, i,7 :JtL N W n 2 W W Q 2 0 yr 0 a Z Z n z rx rr z M N O W C ga oj L f u WAMIN•ADMIN. HMIN• Mug" "W"m 7xl?vxouvxnwl.uurrn a nomuov mmn urarm BRETT E. DELLINGER, Plaintiff V. TANYA R. DELLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4073 Civil CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OR (d) OF THE DIYORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. BRETT E. DELL ER DATED: v? (V i_ ut(' N ?i . n N W W n 2 - W?Z N z b 3 N n _ K N O W n a^ g Y -_ a s a u wnxmw•aow?w noa?w•mnue :ox wxo? •axi tvrauvxxuwi.uurinn xaxwa r trop unrrn BRETT E. DELLINGER, Plaintiff V. TANYA R. DELLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4073 Civil CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OR (d) OF THE DIYORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that 1 will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. TANY R. DE LINGER ??] fOO DATED: 61 s ?) G_ t ) I _1 j'1 ifl2 S •)I N PI Y ? w n 2 W S < W 2 0 0 yy Z W ; N n n N 0 W 6 LL J < 0 a f s u WAtlll?40'NLL0•V411{0 •/YTII{0 ?ON WYO/ 'tNl'1'/NdlYMYi1N1 JLVLtTY 101{dWlf1 V 1Y031 ]LYl BRETT E. DELLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4073 Civil TANYA R. DELLINGER CIVIL ACTION - LAW Defendant IN DIVORCE SI 4 •I .r C I •1 3. 5.. 6.; 9 a. _ PS 1 and/or 2 for additional services. 3. 4a. and 4b. and address on the reverse of this form so that we can return this to the front of the mailpiece. or on the back if space does not rceipl Requested' on the mailpince below the article number. slpt will :how to whom the article was delivered and the date X or 1994 - I also wish to receive the following services (for an extra fee): 1. ? Addressee's Address 2'% Restricted Delivery Consult postmaster for fee. ?.he. L C,-7,S;- 089 8c)(5 I 46 Service Type ? Registered I2t1 Certified ? Express Mail ? Insured It Return Receipt for Merchandise ? COD E 9 0 7. Date o very ? U.A ress Addre (0 ly if equested and fee is paid) c ra IMS95 96A-0229 BY: Mary las Kennedy, E KOLL S AND KENNI 1104 Fernwood Avenue Suite 102 Camp Hill, PA 17011 (717) 731-1600 Attorney for Plaintiff ti , Cl) r IJI?? l?J ,J ,r ). T ; .1 L.?-. U O'1 cn C_1 N 0 n Z z <; W g Q 2 G H n Z W ; n U) 0 aC O a °o 0 = x a f a U xxwln•.w?nn•nnlu•nnla :au ma ?nr'manwlun.ururn LoxpMq rmmn uvLrir BRETT E. DELLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO.99 -4073 CIVIL TERM TANYA R. DELLINGER, IN DIVORCE Defendant/Petitioner DR# 28859 Pacses# 814101351 ORDER OF COURT AND NOW, this 1 lo' day of August, 1999, upon consideration of the attached Petition for Alimony Pcndente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Slraddav on September 14, 1999 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pcndente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 8-11-99 to: < Respondent Dale Shughart, Esq. Mary Kennedy, Esq. ., Date of Order: August 11, 1999 R. J hadda . Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 r 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. l BRETT E. DELLLINGER, Plaintiff VS. TANYA R. DELLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4073 CIVIL CIVIL ACTION - LAW IN DIVORCE ALIMONY PENDENTE LITE AND NOW, comes the Petitioner, Tanya R. Dellinger, by her Attorney, Dale F. Shughart, Jr., Esquire and respectfully represents as follows: 1. Petitioner is Tanya R. Dellinger who is the Defendant in the above captioned divorce action. 2. Respondent is Brett E. Dellinger, who is the Plaintiff in the above captioned divorce action. 3. Petitioner hereby raises the claim for alimony pendente lite (APL) in connection with the Divorce Complaint which was filed by the Plaintiff on June 30, 1999. 4. Petitioner is currently without sufficient assets to maintain herself during the pendency of the divorce action. 5. Attached to this Petition is the DRS Statement for APL Proceedings with appropriate information. WHEREFORE, Petitioner prays Your Honorable Court to establish an Order of Alimony Pendente Lite in favor of the Petitioner and against the Respondent. Respectfully submitted, n By: Dale F. ShugKar , Supreme Court .D. 4119373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Y Tanya R. Dellinger hereby verifies that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. DATE: July ,% 1 1999 I' DOW SSN; ADDRESS:-a zzal-2 PHONE: ATTORNEY: PCTIT'IONER'S EMPLOYMENT: N/ . Ilan NET PA ti PCR:_ JOB OTHER INCOME: (AMOUNT. SOU RESPONDENT: ATT'ORNEiY: HOW LONG: WLC,._.. RCSPONDENT'S EiMPLOYMENT:_ t P211,12'al ?CYG/ IIOW NE'I'PAY: PER: JOBTITLC:? OTHER INCOME (AMOUNT. SOURCE): v WHEN MARRIED: :WHERE: fGLCJJS PirU DATE SEPARATED:— A72 WIIERE LAST LIVED FOR DRS INFORMATION ONLY ?.. CJ f i C7\ 0 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TONYA R. DELLINGER ) Docket Number 99-4073 CIVIL Plaintiff ) VS. ) PACSESCaseNumber 524301351/:?qT `f BRETT E. DELLINGER ) Defendant ) Other State ID Number Order AND NOW to Wit, this SEPTEMBER 14, 1999 it is hereby Ordered that: THE ABOVE CAPTIONED COMPLAINT FOR ALIMONY PENDENTE LITE IS DISMISSED, WITHOUT PREJUDICE, PURSUANT TO AN ORDER OF SPOUSAL SUPPORT DOCKETED AT 625 SUPPORT 1999 UNDER PACSES C#803101321. blv. DRO: RJ Shadday xc: petltLoner respondent D. Shughart, Esq. M. Kennedy, Esq. Service Type M Nab:e. troS.? h? Oco q/17r99 BY THE COURT: Edward E. GuLdo JUDGE Form OE-001 Worker ID 21005 Y Cl) w r r , ?G. N "r?% Jr? ?.'i.. [L 111] ;1701 vi a% v BRETT E. DELLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-4073 Civil TANYA R. DELLINGER, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this Q9 day of jkr?(_ , 1999, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before bowtl 5 the conciliator, at 39 Q, Mnu-i f'UChn\C 5b M on the ?QL day of f?l 6 , at o'clock Q .m. for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court: r1a Custody Conciliator ° C l 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 17011 717-249-1)[66 nl_ 1 „}lY 73 nr^ - (i1 2: L7 .rte-G • 9? ?'?- ?j , ?? ????'? ?_ """_"7/ BRETT E. DELLINGER, Plaintiff V. TANYA R. DELLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-4073 Civil CIVIL ACTION - LAW IN DIVORCE PETITION FOR MODIFICATION OF A CUSTODY OR VISITATION ORDER AND FOR FINDING OF CIVIL CONTEMPT The Petitioner, Brett E. Dellinger, through his attorneys, Kollas and Kennedy, files this Petition for Modification of a Custody or Visitation Order and for Finding of Civil Contempt for disobedience of a custody order, against the Respondent, Tanya R. Dellinger, and in support thereof, avers the following: The petition of Brett E. Dellinger, respectfully represents that on August 20, 1999, an Order of Court was entered for Custody, a true and correct copy of which is attached. 2. The Respondent has wilfully failed to abide by the Order in that: a. The Respondent has failed to submit to a custody evaluation to be performed by Guidance Associates as agreed by the parties. Guidance Associates has scheduled three separate appointments with Respondent. Each and every time Respondent has tailed to appear at Guidance Associates. b. Respondent has failed to demonstrate appropriate care for the minor child in that Respondent was seen riding in an automobile with the minor child riding unrestrained in the front seat of the car. This event occurred on or about November 15, 1999. 3. This Order should be modified because: a. The conduct of Respondent as outlined in Paragraph 2(b) above has directly and adversely impacted the best interests of the minor child. Respondents failure to appropriately restrain her daughter has placed the minor child in serious, imminent danger. b. The relationship between the parties continues to be strained, and Petitioner requests a more specific custody schedule to address the upcoming holiday season. WHEREFORE, Petitioner requests that the Court (1) adjudge the Respondent, Tanya R. Dellinger, to be in contempt of this Court and (2) to enter an Order directing respondent to submit to a full custody evaluation with Guidance Associates within a specified period of time, and (3) modify the existing Order for Custody to address the safety of the minor child as the Court deems appropriate. Date: II `6 RESPECTFULLY SUBMITTED, Mary Koll s Kennedy, Esquire KOLLAS D KENNEDY I.D. No. 69246 1 104 Fernwood Avenue, Suite 104 Camp Hill, Pennsylvania 17011 Telephone: (717) 731-1600 ATTORNEY FOR PLAINTIFF 1) BRETT E. DELLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-4073 Civil TANYA R. DELLINGER, CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION 1, BRETT E. DELLINGER, verify that the statements made in the foregoing PETITION FOR MODIFICATION OF A CUSTODY OR VISITATION ORDER AND FOR FINDING OF CIVIL CONTEMPT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. By: Brett E. Dellinger DATE: N A D w c W] 2 w S ` Z 0 Q O j H 0 Z?iOtl?n U) 0 C W n a g a o° 0 ='x A. f u urnmm•?n9auen 1T 11 f0 N.S. mN.S. v 1YUT :or um 9M T•NOLLYHYLM ?31Y{5' LY1811Y NOV 19 1999\, BRETT E. DELLINGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TANYA R. DELLINGER : NO. 99-4073 CIVIL TERM CIVIL ACTION - LAW AND NOW, this ZQ2 day of DECEMBER, 1999, a Rule is issued upon the Defendant to Show Cause, if any she has, why her attorney should not be granted leave to withdraw his appearance of record on her behalf. Rule returnable on Monday, January 3, 2000. Tanya R. Dellinger, Defendant Mary Kollas Kennedy, Esquire Attorney for Plaintiff, Brett E. Dellinger Dawn S. Sunday, Esquire, Conciliator :sld By the urt, Edward E. Guido, J. , 12%.W-99 RKs . , ., _„? .?. ?„1 i u ,: ?i? V :',.. . DEC 17 1999 BRETT E. DELLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-4073 CIVIL TANYA R. DELLINGER, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT ON THIS, day of , 1999, upon review of the attached Motion, Dale F. Shughart, Jr., Esquire is hereby granted Leave of Court to Withdraw as Attorney of Record for the Defendant, Tanya R. Dellinger. By the Court, CC: Tanya R. Dellinger, Defendant Mary Kollas Kennedy, Esquire, Attorney for Plaintiff, Brett E. Dellinger Dawn S. Sunday, Esquire, Conciliator .! BRETT E. DELLINGER, Plaintiff VS. TANYA R. DELLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4073 CIVIL CIVIL ACTION - LAW IN DIVORCE MOTION FOR LEAVE OF COURT OF WITHDRAW PURSUANT TO PA.R.C.P. 1012(b) TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Dale F. Shughart, Jr., Esquire, attorney of record for Tanya R. Dellinger and requests Leave of Court to Withdraw as attorney for defendant, Tanya R. Dellinger, as follows: 1. The undersigned, Dale F. Shughart, Jr., Esquire agreed to represent the defendant Tanya R. Dellinger in the above captioned divorce action and entered his appearance on July 29, 1999. 2. The undersigned represented the defendant at a custody conciliation conference held before Don S. Sunday, Esquire on August 10, 1999 and at a support conference before R.J. Shadday, Conference Officer, on August 14, 1999. 3. The undersigned entered a Fee Agreement with the defendant obligating her to pay certain attorney fees on a certain schedule. The defendant has failed to make any payment of legal fees other than a $10 cash payment which was forwarded to the Cumberland County Bar Association. 4. The defendant has had no contact whatsoever with the undersigned since the support conference on September 14, 1999. 5. The undersigned wrote to the defendant on October 1, 1999, November 4, 1999 and November 17, 1999 requesting the defendant to contact him to proceed with the case and in regard to fulfilling her obligations under the Custody order entered by Agreement with the plaintiff. 6. Many of the foregoing correspondences were also requests for information or response to inquiries from counsel from the plaintiff. Defendant never responded. 7. On December 8, 1999 the undersigned received an order of Court scheduling a further conciliation before Dawn S. Sunday, Esquire on January 18, 2000. The undersigned immediately sent a copy to the defendant together with a Consent to his Withdrawal as her attorney. The undersigned has received no response to his letter of December 8 either. 8. The undersigned cannot effectively represent a client who refuses to communicate with him. 9. The undersigned withdrawing as attorney for defendant will not delay the litigation. WHEREFORE, for all ui the foregoing reasons, the undersigned requests Leave of Court to withdraw as counsel for defendant, Tanya R. Delllinger. Respectfully submitted, Eye,' Dale F. ughart, J . Attorney I.D. 19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 VERIFICATION Dale F. Shughart, Jr. hereby verifies that the facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. DATE: December ) ? , 1999 I JAN ° 7 20001 BRETT E. DELLLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-4073 CIVIL TANYA R. DELLINGER, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT On this, the / day of // 2000, upon review of the attached Petition for Rule Absolute, Dale F. Shughart, Jr., Esquire is hereby granted leave of Court to withdraw as attorney of record for the Defendant, Tanya R. Dellinger. CC: By the Cou J. Tanya R. Dellinger Mary Kollas Kennedy, Esquire, attorney for Plaintiff, Brett E. Dellinger Dawn S. Sunday, Esquire, Conciliator ?... -; L'_,f I BRETT E. DELLLINGER, Plaintiff VS. TANYA R. DELLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4073 CIVIL CIVIL ACTION - LAW IN DIVORCE PETITION FOR RULE ABSOLUTE AND NOW, comes the Petitioner, Dale F. Shughart, Jr., Esquire and respectfully represents as follows: 1. On December 17, 1999, Your Petitioner filed a Motion for Leave to Withdraw as Counsel for the Defendant, Tanya R. Dellinger. 2. On December 20, 1999, Honorable Edward E. Guido issued a Rule to Show Cause upon the Defendant with the Rule returnable on January 3, 2000. 3. On December 20, 1999, the Prothonotary mailed the Motion and Order of Court entered by Judge Guido to the undersigned Petitioner, the Defendant, Tanya R. Dellinger, the Plaintiff's attorney, Mary Kollas Kennedy, and the Custody Conciliator, Dawn S. Sunday, Esquire. Confirmation of the mailing of the Order and Motion by RKS (Renee Simpson) of the Prothonotary's office is attached hereto, made a part hereof, and marked Exhibit "A" 4. The Defendant, Tanya R. Dellinger, has not responded to the Rule. WHEREFORE, the undersigned, Dale F. Shughart, Jr., respectfully prays Your Honorable Court to grant him leave to withdraw as counsel for the Defendant Tanya R. Dellinger. Respectfully submitted, By: ? K GRII Dale F. S ughart, J Supreme Court I.D. 19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 VERIFICATION Dale F. Shughart, forth in the foregoing correct to the best of understands that false penalties of 18 Pa. C.: falsifications. Jr. hereby verifies that the facts set Petition for Rule Absolute are true and his knowledge, information and belief, and statements herein are made subject to the i. §4904 relating to unsworn 2/ ZI DATE: January 7 , 2000 ( lr BRETT E. DELLINGER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TANYA R. DELLINGER NO. 99-4073 CIVIL TERM CIVIL ACTION -LAW AND NOW, this 2E day of DECEMBER, 1999, a Rule is issued upon the Defendant to Show Cause, if any she has, why her attorney should not be granted leave to withdraw his appearance of record on her behalf. Rule returnable on Monday, January 3, 2000. Tanya R. Dellinger, Defendant Mary Kollas Kennedy, Esquire Attorney for Plaintiff, Brett E. Dellinger Dawn S. Sunday, Esquire, Conciliator :sld By the urt, E?dwa?r?d. E. GmidoJ 1 12-,0.99 RK9 >- ?- r ,., ?. ,. ?:: -. .' BRETT E. DELLINGER, Plaintiff Vs. TANYA R. DELLINGER, Defendant Dear Sir: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4073 CIVIL CIVIL ACTION - LAW IN DIVORCE WITHDRAWAL Pursuant to Leave of Court granted in the above captioned matter, I hereby withdraw as counsel for the Defendant, Tanya R. Dellinger. TO: Curtis Long, Prothonotary January 7 , 2000 Attorney I.D. 19 3 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 CC: Tanya R. Dellinger, Defendant Mary Kollas Kennedy, Esquire, Attorney for Plaintiff, Brett E. Dellinger Dawn S. Sunday, Esquire, Conciliator c w ?-' M O L? 'r "` Cl. fT F' G]jY f C_+ QUA- O J r i.n x -CC 0 o v BRETT E. DELLINGER IN TIIE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TANYA R. DELLINGER 1999-4073 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF AND NOW, this 22nd day of June , 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, Mechanicsburg PA 17055 on the 30th day of August , 2000, at1:00 PM 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: /s/ Dawn S. Sunday. Esq. bp 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? ? ? E ? zg BRETT E. DELLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-4073 Civil TANYA R. DELLINGER CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2000, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before the conciliator, at ,on the day of 2000, at o'clock --m- for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; 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 this conference may provide grounds for entry of a temporary or permanent order. By 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 717-249-3166 BRETT E. DELLINGER, Plaintiff/Petitioner V. TANYA R. DELLINGER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 994073 Civil CIVIL ACTION - LAW IN CUSTODY PETITION OF PLAINTIFF FOR ADJUDICATION OF CONTEMPT AND MODIFICATION OF CUSTODY ORDER Petitioner is Brett E. Dellinger, who resides at 32 Longstreet Drive, Carlisle, PA. 2. Respondent is Tanya R. Dellinger, who currently resides as an inmate at the Cumberland County Prison. 3. On January 26, 2000, this Honorable Court entered an order for the custody of the minor child of the parties. 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. Respondent has failed to exercise more than half the periods of custody awarded to her. b. Over the weekend of May 6, Respondent took the minor child to Allentown to visit the maternal grandparents and failed to return the child pursuant to the Court Order. The child was returned to the custody of the Petitioner on the evening of May 8, 2000. C. On or about May 15, 2000, Respondent informed Petitioner that she had moved from her residence at 204 Erford Road, Camp Hill, PA. Respondent refused to give Petitioner her new address and telephone number. Said refusal is a direct violation of 23 Pa C.S. § 5309 (a). 5. The conduct of Defendant in each circumstance above violated the Custody Order of January 26, 2000, or violated some law of the Commonwealth. As a result, Defendant is in contempt of the Court Order of January 26, 2000. 6. The best interest of the minor child will be served by granting the relief requested herein. WHEREFORE, Plaintiff Brett E. Dellinger respectfully requests this Court order the following relief. a. Find the Defendant in contempt of the Order of January 26, 2000, and impose such appropriate penalties on the Defendant as the Court deems appropriate, b. Plaintiff prays for a modification of the Custody Order to impose an express requirement that the Defendant provide Plaintiff with the proper address and telephone number for the Defendant at all times when she has custody of the minor child; 2 of 3 C. Plaintiff prays for a modification of the Custody Order eliminating Defendant's midweek periods of partial custody. RESPECTFULLY SUBMITTED, MaryKol s ennedy, Esquire KOLLAS\AND KENNEDY I.D. No. 69246 1104 Fernwood Avenue, Suite 104 Camp Hill, Pennsylvania 17011 Telephone: (717) 731-1600 ATTORNEY FOR PLAINTIFF/PETITIONER DATE: G 19 00 3 of 3 BRETT E. DELLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4073 Civil TANYA R. DELLINGER, CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION 1, BRETT E. DELLINGER, verify that the statements made in the foregoing PETITION OF PLAINTIFF FOR ADJUDICATION OF CONTEMPT AND MODIFICATION OF CUSTODY ORDER are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. By: 7/ 2 _ Brett E. Dellinger DATE: 6 " 4y-6c) N m Y ? 0 w c w :3 Z ; W N w Q z 0 `1a a T m 0 0mn ? i Z a z z z n to o Ld U. -J Q 0 0 = a f a u "A Ilo- AO 411O-1tl S411O•,a 191. ON WtlOf '9M bWLVNHRNI*11M IIV A NOISW v'1vO11 i1vtS nv 2 ?J JUN 1200 BRETT E. DELLINGER, Plaintiff/Petitioner V. TANYA R. DELLINGER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4073 Civil CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Carole A. Rose, of the Law Offices of Kollas and Kennedy, hereby certify that I have this 23rd day of June, 2000, served a true and correct copy of PETITION OF PLAINTIFF FOR ADJUDICATION OF CONTEMPT AND MODIFICATION OF CUSTODY ORDER and an ORDER OF COURT signed on June 22, 2000, by depositing same in the United States mail, first class, postage prepaid, addressed to the following: Ms. Tanya R. Dellinger Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Defendant LAW OFFICES OF KOLLAS AND KENNEDY BY:Ookj/lX a- &/ Carole A. Rose r ?' z ?' O U N m 10 r o we w 3: W n wgai ? Y a 0 0 J > 0 N n Z z Z Z h ¢ m z Q w a J LL J Q O 0 _ L f uu r xMaf,m•eowuo•?enuo•m nuo r a iwV ?mr11 aru7rxwrxrnx,.unsm w xaswa nv BRETT E. DELLINGER, . IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-4073 CIVIL TERM TANYA R. DELLINGER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF ODUR'P AND NOW, this a(r day of 2000, upon consideration of the attached Custody C iciliation Report, it is ordered and directed as follows: 1. The prior order of this Court dated August 20, 1999 is vacated and replaced with this order. 2. The Father, Brett E. Dellinger, and the Mother, Tanya R. Dellinger, shall have shared legal custody of Morgan Aylissa Dellinger, born June 27, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Mother shall have custody of the Child on alternating weekends from Friday at 4:30 p.m. through Sunday at 4:30 p.m., beginning January 28, 2000. The mother shall also have custody of the Child on the interim Sundays from 12:00 noon through 4:30 p.m. The Mother shall have custody of the Child every week on Mondays and Wednesdays from 4:30 p.m. until 8:00 p.m. In the event the Father has to work on a Monday or Wednesday evening and is not available to provide care for the Child overnight, the Father shall first contact the Mother to offer her the opportunity to have custody of the Child overnight before contacting third party caregivers. When the Mother has custody of the Child overnight on a weekday, the Mother shall transport the Child to day care the following morning by 8:00 a.m. The parties shall cooperate in adjusting the weekday custody schedule if the Mother begins taking classes which conflict with her custody time to ensure that the Mother has custody of the Child on 2 weekday evenings per week. B. The Father shall have custody of the Child at all times not otherwise specified for the Mother under this provision. C. In the event the Child is sick and unable to go to day care, it shall be the Mother's responsibility to provide the care or make alternative care arrangements for the Child on Mondays and Wednesdays and it shall be the Father's responsibility to provide the care or make alternate arrangements for the Child's care on Tuesdays, Thursdays and Fridays. Recognizing that the Father has a more flexible work schedule than the Mother, the Father agrees to make a reasonable effort to provide the care for the Child when she is sick on Mondays and Wednesdays. 4. The parties shall alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. THANKSGIVING: The Thanksgiving holiday shall run from the Wednesday before Thanksgiving at 4:30 p.m. through Thanksgiving Day at 8:00 p.m. The Mother shall have custody of the Child on Thanksgiving in even numbered years and the Father shall have custody of the Child on Thanksgiving in odd numbered years. C. FASTER: The Easter holiday shall run from the Saturday before Easter at 4:30 p.m. through Easter Sunday at 8:00 p.m. The Father shall have custody of the Child over Easter in even numbered years and the Mother shall have custody of the Child over Easter in odd numbered years. D. MEMORIAL DAY/JULY 4TH/LABOR DAY: The parties shall share having custody rf the Child on Memorial Day, July 4th and Labor Day as arranged by agreement between the parties. E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 10:00 a.m. until 8:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 10:00 a.m. until 8:00 p.m.. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the-Child for 2 non-consecutive weeks during each summer upon providing 30 days advance notice to the other party. Each party shall schedule his or her vacation periods of custody under this provision to include his or her own regular weekend periods of custody. 6. 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. cc: Mary Kollas Kennedy, Esquire - Tanya R. Dellinger, Pro Se BY THE COURT, Edward E. Guido) J. Counsel for Father L/q Rl U BRETT E. DELLINGER, Plaintiff VS. TANYA R. DELLINGER, Defendant PRIM JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-9073 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 Morgan Aylissa Dellinger June 27, 1997 Father/Mother 2. A Conciliation Conference was held on January 18, 2000, with the following individuals in attendance: The Father, Brett E. Dellinger, with his counsel, Mary Kollas Kennedy, Esquire, and the Mother, Tanya R. Dellinger, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. a r Date Dawn S. Sunday, Esqui Custody Conciliator 'Clu,"TY H O g 7 w 41 H F o g ? A m aN La 44 m H , = _ , U C H a O M? U H Ho" V IBE u ,o U W C ? g ,IAN 9 1 ZOO , BRETT E. DELLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-4073 CIVIL TERM TANYA R. DELLINGER, : CIVIL ACTION - LAW Defendant CUSTODY PER OF CGURT AND NOW, this 90AA day of 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor child and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Guidance Associates or other professionals selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which will best serve the Child's interests. The parties shall equally share all costs of the evaluation. 2. The parties shall have shared legal custody of Morgan Aylissa Dellinger, born June 27, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 3. Pending the outcome of the evaluation and further Order of Court or agreement of the parties, the parties shall share having physical custody of the Child in accordance with the following schedule: The Father shall have custody of the Child overnight on Tuesdays and Thursdays every week and the Mother shall have custody of the Child overnight on Mondays and Wednesdays every week. The parties shall alternate having custody of the Child on Friday and Saturday. The Mother shall have custody every Sunday during the day and the Father shall have custody every Sunday overnight. The specific times for exchanges of custody under this schedule shall be arranged by agreement between the parties. 4. Upon completion of the evaluation and in the event the parties are not at that time able to resolve all custody issues by agreement, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation conference. 5. 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. BY THE COURT J. cc: Mary Kollas Kennedy, Esquire and James Kollas, Esquire - Counsel for Dale F. Shughart, Jr., Esquire - Counsel for Mother Father L"`0= C'E 19 AUG 20 Pig 2: 59 Cur.:ad?u•;u Cuu\RY PENNSYLMMI A BRETT E. DELLINGER, Plaintiff Vs. TANYA R. DELLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-9073 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATICN s[mW REPCRT IN ACOORDANCE WITH CE14BERLAND 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 Morgan Aylissa Dellinger June 27, 1997 Father/Mother 2. A Conciliation Conference was held on August 10, 1999, with the following individuals in attendance: The Father, Brett E. Dellinger, with his counsel, Mary Kollas Kennedy, Esquire and James Kollas, Esquire, and the Mother, Tanya R. Dellinger, with her counsel, Dale F. Shughart, Jr., Esquire. 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator agZ?y W9 1 w 4-4 G 41 RCH w p p W N gg U O$ H C C .'tly w w > & I-1 u ??+ C FAQ tW °? '2 a ?? w?? w W y ?+ U W gO ? ? [[(?c y1 gg ? N BRETT E. DELLINGER, Plaintiff vs. TANYA R. DELLINGER, Defendant ORDER OF COURT AMID NOW, this ? day of C CO u e R , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated January 26, 2000 is suspended and replaced with this Order pending further Order of Court or agreement of the parties. 2. The Father, Brett E. .Dellinger, and the Mother, Tanya R. Dellinger, shall have shared legal custody of Morgan Aylissa Dellinger, born June 27, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. 3. The Father shall have primary physical custody of the Child. 4. The Father shall cooperate in scheduling periods of supervised visitation with the Mother if appropriate during the Mother's period of treatment. 5. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4073 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BY THE HURT, /5/ C?i J e. llr/lii? Edward E. Guido, J. cc: Mary Kollas Kennedy, Esquire - Counsel for Father Steven J. Fishman, Esquire - Counsel for Mother TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and t seal of sai Court at Carljsle, Pa. Thi ............ a f.Q.? ?..., rothonet ry I Richard J. Pierce COURT ADMINISTRATOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013 r 00 0 4'0 0 ? r!e :4 p 3 3 1t7S?s11 • 7i58334 U.S. POSTAGE teven J. Fishman, Esquire F1514017 170132020 IN 13 10/11/00 RETURN TO SENDER NO FORWARD ORDER ON FILE I INAEII.E TO FORWARD RETURN TO SENDER 1Tp 1-.-4 :2 ?: I1l???1L????11?,lI??!! .!I..II !!lL?dl???IL,J 'r i? 4 RJy?'`?22? a 0 ? ?A,Dn BRETT E. DELLINGER, Plaintiff VS. TANYA R. DELLINGER, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4073 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 Morgan Aylissa Dellinger June 27, 1997 Father 2. A Conciliation Conference was held on September 27, 2000, with the following individuals in attendance: The Father, Brett E. Dellinger, with his counsel, Mary Kollas Kennedy, Esquire, and the mother's counsel, Steven J. Fishman, Esquire. The Mother, Tanya R. Dellinger, who is currently incarcerated in the Cumberland County Prison, consulted with her counsel during the Conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. Dawn S. Sunday, Esquir Custody Conciliator Date BRETT E. DELLINGER Plaintiff V. TANYA R. DELLINGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99-4073 CIVIL ACTION - CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please withdrawal the appearance of Mary Kollas Kennedy, Esquire on behalf of the Plaintiff in the above-captioned case. Please enter the appearance of Lisa M. Greason, Esquire, on behalf of the Plaintiff in the above-captioned case. "Z- L vl Date Respectfully Submitted, GREASON LAW OFFICE ,Lisa M. reason, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-3030 ID #78269 _? - ,__- ?` ?,,? F `• _I . '. j..i r.... _ i J J.t il) I (:., ?? L:.: D ?j =? ? U BRETT E. DELLINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-4073 CIVIL ACTION LAW TANYA R. DELLINGER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, October 01, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 25, 2001 at 12:30 PM 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. 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/ Dawn S. Sunday Esq. 1 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 A'1-FORNEY 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 BRETT E. DELLINGER, Plaintiff VS. TANYA R. DELLINGER, Defendant ORDER OF COURT COURT ADMINISTRATOR, FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 FOR THE COURT, AND NOW, this day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4073 CIVIL TERM IN DIVORCE 2001, upon consideration of the Complaint filed in this matter, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at the day of Pennsylvania, on 2001, at o'clock .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 a temporary Order. All children aged 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. 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. BY CUSTODY CONCILIATOR BRETT E. DELLINGER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 VS. ) CIVIL ACTION - LAW TANYA R. DELLINGER, 1 NO. 99-4073 CIVIL TERM Defendant ? IN CUSTODY PETITION TO MODIFY AND NOW comes the above-named Defendant, Tanya R. Dellinger, by her attorney, Samuel L. Andes, and petitions the Court to modify its custody order of 3 October 2000, based upon the following: 1. The Petitioner herein is the Defendant, Tanya R. Dellinger, an adult individual who resides at 23 Irene Street, Johnstown, Pennsylvania, 15901. The Respondent is the Plaintiff, Brett E. Dellinger, an adult individual who resides at 32 Long Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Plaintiff and Defendant are formerly husband and wife and are the parents of one child, Morgan Alyssa Dellinger, born 26 June 1997. That child is the subject of several orders previously entered in this matter. A copy of the most recent of those orders, dated 3 October 2000, is attached hereto and marked as Exhibit A. 3. Defendant wishes to modify the prior order for the following reasons: i A. The conditions that existed at the time of the prior order which prevented her from having primary physical custody, shared physical custody, or substantial periods of temporary physical custody no longer exist. B. The conditions that resulted in Defendant agreeing to have supervised visitation with the child no longer exist. C. Defendant has recovered from the drug dependence and other problems which complicated her life at the time of the last order and prevented her from having more normal and meaningful time with her child. As a result of the above, Plaintiff wishes to have more reasonable and generous periods of temporary custody of the child, without supervision. 4. Defendant believes that the expansion of her time with the child, without supervision by third parties, will be beneficial to all parties and will serve the best interests of the cF.ild. WHEREFORE, Defendant prays this Court to modify its order of 3 October 2000 to give her more substantial periods of custody with the parties' child, without supervision. C -Q?? SSam-trel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: (1J C? U TANYA . DELLINGER 3 BRETT E. DELLINGER, . IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-4073 CIVIL TERM TANYA R. DELLINGER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 0 &"' ' ' , 2000r upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated January 26, 2000 is suspended and replaced with this Order pending further order of Court or agreement of the parties. 2. The Father, Brett E. Dellinger, and the Mother, Tanya R. Dellinger, shall have shared legal custody of Morgan Aylissa Dellinger, born June 27, 1997. Each parent shall have an equal right, to be exercised jointly with the other parentr 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. 3. The Father shall have primary physical custody of the Child. 4. The Father shall cooperate in scheduling periods of supervised visitation with the Mother if appropriate during the Mother's period of treatment. 5. 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. BY THE cc: Mary Kollas Kennedy, Esquire - Counsel for Father \v Steven J. Fishman, Esquire - Counsel for Mother C \o a,o FXHIBiT R n ?' ? ? ? ? -, - ? ?, ?. _; ? ?, _ -?? 0 ? ? ., ? ` ? ? ? ?: _. ;,. _, =_, a f o m d W za" 6 W a ° w O ?- a a F. 0 W d < z z ? N O h ? w a SEP•t g 2uo? J BRETT E. DELLINGER, Plaintiff vs. TANYA R. DELLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4073 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this Iq ^ day of /1 , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 3, 2000 is vacated and replaced with this Order. 2. The Father, Brett E. Dellinger, and the Mother, Tanya R. Dellinger shall have shared legal custody of Morgan Alyssa Dellinger, born June 27, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. Both parties shall have equal access to all records pertaining to the Child, including medical and school records. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child, using her grandparents' home in the Mechanicsburg area as her residence during periods of custody, on a gradually increasing basis in accordance with the following schedule: A. The Mother shall have custody of the Child from 9:00 a.m. until 4:00 p.m. on Thursday, November 15, 2001, Friday, November 23, 2001, Thursday, November 29, 2001 and Thursday, December 6, 2001. The Mother shall transport the Child to and from the paternal grandparents' home for periods of custody under this provision. B. The Mother shall have overnight periods of custody with the Child from Thursday, December 13, 2001 at 9:00 a.m. through Friday, December 14 at 8:45 a.m., when the Mother shall transport the Child to preschool and from Thursday, December 27, 2001 at 9:00 a.m. through Friday, December 28 at 11:00 a.m., when the Mother shall transport the Child to the Father's residence. The mother shall pick up the Child at the paternal grandparents' residence. C. The Mother shall have periods of custody with the Child on alternating weekends, beginning January 11, 2002, from Friday at 4:00 p.m., when the Mother shall pick up the Child at the paternal grandparents' home through Sunday at 5:00 p.m., when the Mother shall transport the Child to the Father's residence. 5. The parties and counsel shall attend an additional Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, at 9:00 a.m., on the 3rd day of January. 2002, for the purpose of reviewing the Child's adjustment to the partial custody schedule, making necessary adjustments and establishing ongoing regular, holiday and summer custody arrangements as appropriate. b. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 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. BY THE Edward E. Guido, cc: Lisa M. Greason, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother J. ,4 ""Y ui F.C'; 1 'I; 2 4? C'Jivil.' n ;a•i? COUNITY PLNNSYLMA BRETT E. DELLINGER, Plaintiff VS. TANYA R. DELLINGER, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4073 CIVIL ACTION LAW IN CUSTODY 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 Morgan Alyssa Dellinger June 27, 1997 Father 2. A Conciliation Conference was held on November 6, 2001, with the following individuals in attendance: The Father, Brett E. Dellinger, with his counsel, Lisa M. Greason, Esquire, and the Mother, Tanya R. Dellinger, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 4 )rlb,?' rm bea 7 .2 coo/ Date Dawn S. Sunday, Esquire Custody Conciliator ? ltl s4 7 44 cQ BRETT E. DELLINGER, Plaintiff vs. TANYA R. DELLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4073 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 17 ^ day of 4X 2002, upon consideration of the attached Custody Conciliation R pow rt, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated November 14, 2001, is vacated and replaced with this 2. The Father, Brett E. Dellinger, and the Mother, Tanya R. Dellinger shall have shared legal custody of Morgan Alyssa Dellinger, bom June 27, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. Both parties shall have equal access to all records pertaining to the Child, including medical and school records. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child, on alternating weekends, beginning January 11, 2002, from Friday at 2:00 p.m., when the Mother shall pick up the Child at the Carlisle Y.M.C.A. (or other location agreed upon by the parties), through Sunday at 5:00 p.m., when the Mother shall transport the Child to the Father's residence. The parties agree that the Mother's parents may provide transportation for exchanges of custody when they are visiting the Mother in Johnstown. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from December 21 at 2:00 p.m. (or at the end of the last day of school before the Christmas vacation) through December 24 at 2:00 p.m., and Segment B, which shall run from December 24 at 2:00 p.m. through December 27 at 2:00 p.m. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. THANKSGIVING: The party who has custody of the Child under the alternating weekend schedule shall have custody from the Friday after Thanksgiving at 5:00 p.m. through Sunday, and the other party shall have custody from after school on the Wednesday before Thanksgiving through Friday at 5:00 p.m. C. EASTER/SPRING BREAK: In 2002, the party who has custody of the Child under the alternating weekend schedule over Easter shall have custody from the Friday before Easter at 5:00 p.m. through Easter Sunday. The other party shall have custody from the Wednesday before Easter at 2:00 p.m. through Friday at 5:00 p.m. In subsequent years when the Child is attending school, the parties shall equally divide the Easter vacation break and any extended spring break. In even numbered years (beginning 2004), the Father shall have custody of the Child during the first half of the Easter and spring break and the Mother shall have custody during the second half. In odd numbered years, the Mother shall have custody of the Child during the first half of the Easter and spring break and the Father shall have custody during the second half. D. MEMORIAL DAY/LABOR DAY: The party who otherwise has custody of the Child under the alternating weekend schedule during the weekend immediately preceding Memorial Day and Labor Day shall retain custody of the Child through the Monday holiday at a time to be arranged by agreement. E. MOTHER'S DAY/FATHER'S DAY: The Mother may have a period of custody on Mother's Day and the Father may have a period of custody on Father's Day, with the specific arrangements to be made by agreement of the parties. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. The Mother shall be entitled to have extended periods of custody with the Child each summer for two non-consecutive weeks upon providing notice to the Father by May I of each year of her selection of weeks under this provision. 7. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Child. 8. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 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. BY T OURT, Edward E. Guido, J. cc: Lisa M. Grcason, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mothers a ( 11- 1-7, 0 z- i BRETT E. DELLINGER, Plaintiff Vs. TANYA R. DELLINGER, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4073 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: 1. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Morgan Alyssa Dellinger June 27, 1997 Father 2. A Conciliation Conference was held on January 3, 2002, with the following individuals in attendance: The Father, Brett E. Dellinger, with his counsel, Lisa M. Greason, Esquire, and the Mother, Tanya R. Dellinger, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the, form as attached. Date Dawn. Sunday, Esquire Custody Conciliator o ? Z 3 H E A 44 44 4J pU? M C C a N O? E-i( why H a wa w& o? t1l ? m =az 8 0 " ??, _ ??FAm? O ? W a g pp H U iui?, lI :-1 . i ?'