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Home My WebLink About02-2693JENNIFER E. DELLINGER, Plaimiff DERRICK A. DELLINGER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY NO.Od- CWIL TERM COMPLAINT FOR CUSTODY The plaintiff, Jennifer E. Dellinger, by her attorneys, the Family Law Clinic, files this complaint for custody, requesting shared legal and primary physical custody of Zayn Christian Dellinger and Xavier Payton Dellinger, both bom January 3, 2000. In support of her complaint, plaintiff states as follows: 1. The plaintiffis Jennifer E. Dellinger, currently residing at 1781 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is DerrickA. Dellinger, residing at 1584 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: Name Zayn Christian Dellinger Xavier Payton Dellinger Present Residence 1781 Trindle Road Carlisle, PA 17013 1781 Trindle Road Carlisle, PA 17013 Date of Birth 01/03/00 01/03/00 The children were bom out of wedlock. The children are presently in the custody of Jennifer E. Dellinger. During the past five years, the children have resided with the following persons and at the following addresses: Persons Jennifer (Heckendom)Dellinger and Connie and James Heckendom Addresses 1781 Trindle Road Carlisle, PA 17013 Dates January, 2002 to present Jennifer (Heckendom)Dellinger and Derrick Dellinger 1584 Pine Road Carlisle, PA 17013 April, 2000 to January, 2002 1781 Trindle Road Jennifer (Heckendom) Dellinger and Carlisle, PA 17013 Connie and James Heckendom The relationship of the Plaintiff to the children is that of mother. Defendant. She currently resides with the following persons: Name Zayn Christian Dellinger Xavier Payton Delliger Connie Heckendom James Heckendom January, 2000 to April, 2000 She is married to Relationship Child Child Mother of Jennifer Dellinger, Grandmother of children Father of Jennifer Dellinger, Grandfather of children The relationship of Defendant to the child is that of father. He is man/ed to Plaintiff. He currently resides with the following persons: Name Relationship Unknown 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiffhas no information of a custody proceeding concerning the children pending in a court of this Commonwealth or another state. Plaintiff does not know of a person not a patty to the proceedings who has physical custody of the children or claims to have custody or visitation fights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiffhas been the primary caretaker of the children since birth; b) Plaintiffprovides children with ahomewith the necessary moral, emotional, andphysical surroundings to meet the children's needs; c) Plaintiff continues to exercise parental duties on behalf of the children and enjoys the love and affection of the children; d) Plaintiff is willing to grant the father periods of partial custody in order for the children to develop a strong parent/child relationship with both parents. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant to her primary physical custody of the children. Mega/f/Malone Certified Legal Intern OIlS/(/I. PLACE ROBElttr E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 falsification to authorities. Date: ~_/~ ) _fhmQ. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unswom JENNIFER E. DELLINGER, Plaintiff DERRICK A. DELLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. Oa-~,(~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Jennifer E. Dellinger, (Plaintiff), to proceed in forma paupefis. The Family Law Clinic, attomeys for the patty proceeding in forma paupefis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Certified Legal Intern THOM~M.~PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 JENNIFER DELLINGER PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-2693 CIVIL ACTION LAW DERRICK DELLINGER DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 11, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 12, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be aeenmplished, 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/ Hubert X. Gilrov. Esa. ~ 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 JENNIFER DELLINGER, Plaintiff DERRICK DELLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CWIL ACTION - LAW : IN CUSTODY : NO. 02-,76g.3C1VIL TERM CERTIFICATE OF SERVICE I, Megan Malone, hereby certify that I am serving a true and correct copy of the Custody Complaint on Derrick Dellinger, residing at 1584 Pine Road, Carlisle, PA 17013, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by the Defendant on the 14th day of June, 2002 as evidenced by his signature on the attached postal service tracking confirmation sheet. FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243 -2968 Postage Certified Fee Return R~ceipt Fse (Endorsement Required) JUL 1 6 ZOOZ~ JENNIFER E. DELLINGER, Plaintiff V DERRICK A. DELLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 2693 CIVIL : IN CUSTODY COURT ORDER AND NOW, this ]~4'~day of July, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father, Derrick A. Deilinger, and the Mother, Jennifer E. Dellinger, shall enjoy share legal custody of Zayn Christian Dellinger, born January 3, 2000; and Xavier Payton Dellinger, born January 3, 2000. 2. The Mother shall enjoy primary physical custody of the minor children. e The Father shall enjoy periods of physical custody of the minor children as follows: On alternating weekends from Friday through Sunday at such times as agreed upon by the parties. Be On every Wednesday from when Father is off from work until Thursday morning. C. At such other times as agreed upon by the parties. This Order is entered subject to an agreement of the parties. In the event either party desires to modify this Order, that party may petition the court to have the case again scheduled with the custody conciliator for a conference. CC: Megan Malone Dickinson School of Law Family Law Clinic Derrick A. Dellinger 1584 Pine Road Carlisle, PA 17013 JENNIFER E. DELLINGER, Plaintiff DERRICK A. DELLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 2693 CIVIL : IN CUSTODY Prior Judge: CONCH.!ATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Zayn Christian Dellinger, born January 3, 2000; and Xavier Payton Dellinger, born Jannnry 3, 2000. 2. A Conciliation Conference was held on July 12, 2002, with the following individoals in attendance: The Mother, Jennifer E. Dellinger, with her representative, Megun Malone of the Dickinson School of Law Family Law Clinic; and the Father, Derrick A. Dellinger, who appeared without counsel. The parties agree to the emry of an order in the fori~ as attached. u~ .~G~~. y, Esquire Custody C~n~iliator Direct Query - Intranet Page I of 1 Track/Confirm - Intranet Item Inquiry Item Number: 7001 2510 0003 4482 1846 This Item was delivered on 06/14/2002 at 09:43. Signature: ~,ddress: Delivery Section Enter Request Type and Item Number: Quick Search ~ Extensive Search C~ Item Number: Inquire on multiple items. Go to the Product Tracking System Home Page. http://pts.usps.gov/netdata-cgi/db2www/cbd_242.d2w/IMG 6/24/2002