HomeMy WebLinkAbout96-01522
~
~
~
"'.-
,
"..,
,
i
i
i
I
;
I
i
J j
, I
I
J
I
f
'i
~
~
........
\ ,
:--3'
C:i-
DBNISB M. MILL, I IN THB COURT OF COMMON PLBAS OF
PLAINTIrF I CUMBBRLAND COUNTY, PENNSYLVANIA
I
V. I NO. 96-1522
I
RONALD I. MBLL, JR., I CIVIL ACTION - LAN
DIFIINDANT I IN CUSTODY
PRITRIAL MBMORANDUM OF PLAINTIFr,
DnISI M. MILL
The following informat ion is provided by Denise M. Me 11 ,
(hereinafter I'eferred to as "MOTHER" I by and through her attorney,
Richard L. Webber, Jr., pursuant to Rule 1915.3-4 of the Rules of
Court of Cumberland County and Paragraph 1 of the Order of Court in
this case dated August 13, 1997.
A. Historv of Cus~
The parties have two children, Shane E. Mell, born February
23, 1986, and Cody J. Mell, born April 22, 1988.
The children resided with MOTHER and Defendant, Ronald E.
Mell, Jr. (hereinafter referred to as "FATHER") at 397 Petersburg
Road, Carlisle, Pennsylvania from birth until the parties separated
in November 1995.
Upon separation, MOTHER left the marital residence. FATHER
continues to reside at the marital residence.
MOTHER presently resides at 7073 Carlisle Pike, Carlisle,
Pennsylvania in a mobile home which she owns. She has lived there
since the Spring of 1996. She resides with her boyfriend, Neil
Lengel. He has lived with her since late 1995.
FATHER lives with the children, his girlfriend, and her
children.
On or about March 19, 1996, FATHER filed a Complaint. for
Custody, seeking primary custody. MOTHER filed a Counterclaim for
Custody on April 15, 1996. A Court Order dated May 8, 1996
resulted from the Conciliation Conference. That Order awarded
primary physical custody of the children to FATHER during the
school year. The Order further provided that the parties alternate
weeks of custody during the summer months.
A hearing was held on July 29, 1996. An Order of Court was
entered on August 1, 1996 whereby FATHER was awarded primary
custody of the children. MOTHER was granted partial custody on
alternating weekends, each Tuesday and Thursday evening, shared
holidays, and 2 weeks out of 3 each summer.
The parties are divorced.
B. Mother's Position reaardina Custody
MOTHER should be awarded primary physical custody of the
children, with FATHER to exercise partial custody on alternating
weekends.
She proposes that legal custody be shared.
MOTHER believes that she should be awarded primary custody of
the children for the following reasons:
a. Shane desires to live with her. lie has been
inappropriately disciplined by FATHER on several
-2-
.
occasions. During the latest incident, FATHER struck
Shane in the ribs. During an earlier incident several
months ago, FATHER kicked Shane in the buttocks, causing
bruising. As a result, Shane received treatment at the
emergency room of the Carlisle Hospital.
As a result of both of these incidents, Shane is
afraid of FATHER. Their relationship has deteriorated as
a result of this fear as well as various negative
remarks that FATHER has made to Shane.
Additionally, Cody has indicated that he wants to
spend more time living with MOTHER, preferably on a
"week-on, week-off" basis.
b. MOTHER was the primary caretaker of the children from
their birth until the date of separation;
c, MOTHER is bet ter sui ted to care for the physical and
emotional needs of children;
d. FATHER is not interested in the childrens' schooling and
homework requirements; and
e. FATHER has exhibited violent behavior to both MOTHER and
the children.
C. Issue
Whether MOTHER should be awarded custody where the oldest
child, age ll, desires to reside with her, the youngest child, age
9, desires to spend one-half his time with her, and where FATHER
-3-
has inappropriately disciplined the older child and has exhibited
violence in the past. Suggested answer _ Yes.
D. Discussion
In II.A.L., Sr. v. L.J.W.,443 Pa.Super.S'73, 662 A.2d
1109(1995), the Pennsylvania Superior Court stated:
The paramount concern in a child custody
case is the best interests of the child. A
determination of the best interests of the
child is based on consideration of all factors
which legitimately have effect upon the
child's physical, intellectual, moral and
spiritual well-being. The court in a custody
acti"n has the obligation to consider all
relevant factors that could affect the child's
well-being. (Citations omittedl .
In that case, the Court held that the trial court improperly
failed to consider the rational preferences of children, ages 12
and 10.
In Commonwealth ex reI. Pierce v. Pieroe, 493 Pa. 292, 426
A.2d 555(19811, the Supreme Court of Pennsylvania stated:
Although the express wishes of the child
are not controlling in c,ustody decisions, they
do constitute an important factor which must
be carefully considered in determining the
child's best interest. The weight to be
accorded the child's preference varies with
the age, maturity and intelligence of the
child and the reasons given for the
preference.
B. Fact Witnes...
1. Denise M. Mell - Mother
-4 -
She will testify as to the matters raised herein as
well as her present home and her relationship with the
children.
2. Neil Lengel - Defendant's boyfriend
Mr. Lengel will testify as to MOTHER's ability to
care for the children and her good relationship with the
children. He will discuss his relationship with the
children.
3. Carol posivac - Shane's Guidance Counselor at Old Forge
Elementary School
Mrs. posivac will testify as to her counseling of
Shane resulting from the various incidents experienced
between Shane and FATHER.
4. Shane Mell - The Child
MOTHER requests that he be interviewed by the Court
in Chambers.
5. Cody Mell - The Child
MOTHER requests that he be interviewed by the Court
in Chambers.
6. Any witness called by the Plaintiff and/or any rebuttal
witnesses.
r. BXDert Witnesses I
None.
-5-
O. S.timat.4 1.nath of baarinal
One-half day.
B. RaDort. from apDro9ri.t. .aenci..1
Not applicable.
I. a890rt. of BXgert Witn....81
Not applicable
Respectfully submitted,
Dated:
'1()' In
---rV /(.~~
Richard L. Webber, Jr.
Attorney for Plaintiff
Denise M. Mell
366 Green Spring Road
P.O. Box 40
Newville, PA 17241-0040
(7171 776-6566
-6-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RONALD E. MELL JR.,
Plaintiff
v.
CIVIL ACTION - LAW
IN CUSTODY
NO. 96- I~)';\;::l..,
DENISE: M. MELL,
Defendant
J..'lD NOW, this
FATHER' S MEMORANDUM
~O~day of July, 1996, comes the Father,
Ronald E. Mell, Jr., by and through his attorneys Hanft & Vohs,
anj files this Memorandum and Witness List pursuant to the Crder
of Court dated May 8, 1996 as follows.
HISTORY
Father, Ronald E. Mell, Jr., and Mother, Denise M. Meli, are
the natural parents of Shane E. Mell, born February 23, 1986, a~d
Cody J. Mell, born April 22, ~988. Father and Mother were
married on July 19, 1985, and separated November 10, 1995 when
the Mother moved out of the marital residence, leaving the Fath~r
with the responsibility of raising the children. Mother moved in
with her boyfriend. Neal Lingle, who Father takes the position
has been arrested for domestic violence in the State of Florida
anj he has consistently requested information from Mother to
confirm this. To date, Mother has failed to provide Mr, Lingle's
date elf birth or social security number so that the issue 0: Mr.
Lingle'S prior record for domestic violence can be clarified.
.. j.~M....,j If'r.ln'>'!!Jl "."II~I"."",f
Ie is Father's position that Mother is incapable ot
pr:Jvidlng the proper environment for the children, espedaLLy
while sharing that environment with Mr. Neal Lingie,
On March 15, 1996, Father filed a Petition For Prlmary
Physical Custody with this Court, and a Conciliation Conference
was .c~eduled for April 18, 1996, before Hubert X. Gilroy,
ES:luil'e. Because of Father's concerns regarding the Mother's
hoyfl'iend, and a lack of information from Mother regardIncJ S3m,~,
the parties were unable to reach an agreement, even tempora~y in
natur~:, regarding the custody of the party's minor children.
Therefore, the Conciliator recommended an Order which was si';Jne'j.
by t~e court May 8, 1996, which provided:
2. Pending further Order of Court, the Mother, Denise
M. Melt, and the Father, Ronald E. Mell, Jr" stall
enjoy shared legal custody of Shane E. Mell. horn
February 23, 1986, and Cody J. Mell, born April 22,
1988. physical custody of the minor children shall b,~
handled as follows:
a. During the school year, Father shall enjoy
primary physical custody. Mother shall ~mjoy
physical custody on alternating weekends and on
Tuesday and Thursday evenings, the times tn be
arranged ryetween the parties.
b. During the summer months, the custody shall
be alternated on a week on, week off b,ISi.S tl)
start on the Monday morning the first 1~(jndilY 3ft,~r
'1..UI~ ..Il'I,~rl,"'11 "..'.01.....'"
the children finish school. The parties shall
modify this schedule to accommodate the lr vaC:lt io:,n
schedule.
N,)twithstanding the Conciliator's recommendation which wa,;
mode <1::1 Order of Court, Mother has never exercised visitation on
TU!!sday and Thursday evenings. The alternat ing weekends, dld f.:,r
th!! moat part occur and the parties were able to agrel~ em the
times Mother would pick the children up and drop the chJ.ldren
off. However, due to Mother's boyfriend's legal procel~dings in
Florid,:l, Mother has missed at least two (2) and probably three
(3) of her weekends.
Since school has ended, on June 6, 1996, the Conciliator's
recomnl'!!nded order of week on, week off went into effect. The
parties have been able to accommodate each other's vacation
schedules and the week on and week off during the summer has been
working fairly well.
ISSUE
.
The sole issue to be decided by this court is whether the
Father or the Mother should be the primary physical care provider
for the children. Obviously, once the court determines which
parent will have primary physical custody, a schedule will need
to be developed for the non-custodial parent,
FATHER'S POSITION
l.s stated earlier, it is the Father's position that: he has
bean the children's primary physical care provider since the
Hother Moved out of the marital residence on November HI, 1995.
l !,~" ~ lI..:U 1'~1'1/'''.", II I' .'1"1'" I.lI U
In addition, he has been more than accommodating fer M"thl?r's
scheduled times of part ial physical custody. Al though ~lol:h~r
se!!k<l primary physical custody, she has not exercised ,iny (If hH
weekday visits, which have been offered since January 1996.
f'ather has great concerns for the Mother's boyfriend's leq'il
pr:)blE!ms in Florida, especially as they relate to a possibl(~
C:<:Hlvic:tion for domestic violence. While it is true that dUl'ing
th!! summer, the Mother has the children every other week, this
was bclsed on the Conciliator's recommendation and not the
Father's agreement. It is only due to the Conciliator's
recommendation being made into an Order of Court and Father's
counsel's advice that he has relinquished the children for such a
long period of time with the Mother without the confirmation or
Mother's boyfriend's domestic violence history.
Since Mother moved out of the marital residence and left
Father with primary physical custody, she has failed to pay
Father any child support. She did, however, pay some of the
child care expenses and some of the counseling expenses. But tl)
date, she owes Father approximately three hundred ($300.00)
dollars for her share of the child care and counseling bills tlMt
ha'/e not been paid.
The Father works at Agway Energy in Carlisle as a service
technician. His hours are from seven (7:00) a.m. until three
thirty (3:301 p.m. He has worked there continuously for
apprO):imately nine and one half (9~) years.
1'he Mother was employed by Ross Stores, Inc. in Carl!.sle, ,is
,- tIHI). ',j "'.'~I'I>"" 1I ~ 01;111\1 ~~ '-D ~
" ,~""E',10use person, She was employed there for abellt two (2)
ye.t',3, but just recently quit her job and has applied for w,~lt,lCe
benefits. It is Father's position that she 1S incapable of
pr~victing a living for herself, let alone for herself dnd the
children and that her recent decision to become unemployed WilS
Olaje flolely to influence the Court in awarding her primary
physic..;!l custody because she would be available durin'1 thtl ent lee
day. Obviollsly, one of the primary duties of a parent is to
pr~vide an income, especially when capable, to support their
chi ldren. Mother's flagrant disregard of this duty is cL ntrong
indication to her inability to provide the proper environment for
the children.
Both children have indicated a desire to remain with their
Father and visit with their Mother per the every other weekend
schedule.
I I,HI). ,'1"1'~'.,\.'.11l ~.,.IIM"\lI~
WITNESS LIST
1. f'lther. Ronald E. Mell. Jr" will testify to his ability d,i
a parmnc, his role as a father. his environment and home life. Je
will also testify as to why he believes it is in the best
~ntere~t of the children to reside with him. He will also
tt!l9t:l.fy to Mother's inability to care for Shane and Cody.
2. Tje Father agrees that the Court should meet with Shane in
c:hi1mbers.
3. Tne Father agrees that the Court should meet with Cody in.
chaMbers.
4 ~Irs. Boggess, Rice Elementary, provides Child Time care for
the children. She has observed the well-being of the children
since the date of separation while the children have been in th.~
Father's care, and can testify to his ability to parent.
S. Rose Faller, Rice Elementary, provides Child Time care fOt,
the children. She has observed the well-being of the children
since the date of separation while the children have been in the
Father's care, and can testify to his ability to parent.
6. Sheri Mell, Boiling Springs, PA, Father's sister. She liv.~d
with ~'ather and the children until May of 1996, and she'll
testify to Father's ability to parent as well as his interactiQ~
with the children.
.,. l'rudy A. Kertulis, Carlisle Area Counseling Services, 700
Cl~y Street, Carlisle. Counselor for the children. 245-9255
1)."'1". ..1"I'o{IY,,1/11 "...,IM''''>jj4
CONCLUS ION
f'ather hr.ls had primary physical custody of the chUdren
s i.nee the date of separat ion, November 10, 1995, when tfu~ Ml)th(~ r
left the marital residence. He has been accommodating to Mf)ther
for her rights regarding partial physical custody and he will
conti.nue to do so. Based on the above, Father should be ilward.~d
prinary physical custody of the children with an alternating
\~eekend schedule for Mother, al ternat ing hol iday, and vacat ion
til1e d'Jring the summer.
?esp~c~fully submitted,
Dated:
'I\o\'t~
William C. Vohs, ESq\ure .._.._~
Attorney ID No. 6521)8
11 West Pomfret StreE!t, Suite 2
Carlisle, PA 17013
(717) 249-5373
l flUt)l. '1(,)",.",'/\.111. iblil,IN "'41 M
~~ >0
i
110~
!~ ! '"
I . rn ~
..J . :z: ill
C>l
~~ ... "" ~
> o ~ . ~
... >"i~ ~I
u ~~ .
II ,., ~~ en =il"!<
., !
l'l
.... x! 1&.0 ~E:&
I (&111I
: i~ . ~Sj ~~
> !il8. ""
~
-
-
,; iJ j 0 ; ~J ae\ .,.J ,
~ t-I '
..
.
" "tY
DENISE M. HELL,
Plaintiff
v
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 96-1522 CIVIL TERM
I
I
I CIVIL ACTION - CUSTODY
RONALD E. HELL, JR.,
Defendant
COURT ORDER
AND NOW, this ~'" day of " n{).,~
consJderation of the attached Custody C6nciliation
ordered and directed as follows I
, 1996, upon
Report, it is
1. A Hearing is scheduled in Courtroom No. of the
Cumberland County Cou~thouse on the clu day of ( ,
1996, at \ ."lu --!2.M., at which time test mon the above
case will be heard. At this hearing, the Father, Ronald E. Mell,
Jr., shall be the moving party and shall proceed initially with the
testimony. Counsel for the parties shall file with the Court and
opposing counsel a Memorandum setting forth the history of custody
in this case, the issues currentlr before the Court, each party's
position on these issues, the w tnesses who will be called to
testify on behalf of each party, and a summary of the anticipated
testimony of each witness. This Memorandum shall be filed at least
ten (10) days prior to the scheduled hearing date.
2. Pending further Order of this Court, the Mother, Denise M.
Mell, and the Father, Ronald E. Mell, Jr., shall enjoyed shared
legal custody of Shane E. Mell, born February 23, 1986, and Cody J.
Mell, born April 22, 1988. Physioal custody of the minor children
shall be handled as follows I
A. During the school year, Father shall enjoy primary
physical custody. Mother shall enjoy physical custody on
alternating weekends and on Tuesday and Thursday evenings, the
times to be arranged between the parties.
B. During the Summer months, the custody shall be alternated
on a week on, week off basis to start on the Monday morning
the first Monday after the children finish school. The
parties shall modify this schedule to accommodate their
vacation schedule.
By
\
, (
1(11)6 \ ~rL
~ I ,tP"
'lll.U
v
J.
DENISB M. HELL, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIAI
I
v I NO. 96-1522 CIVIL TERM
I
RONALD E. HELL, JR., I CIVIL AC'l'ION - CUSTODY
Defendant I
CO)fcILIA'fIO)f CONrIRBNCI SUJOfARY RlPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(bl, the undersigned Custody Conciliator submits the
':'following report I
1. The pertinent information pertaining to the children who are
the subject of this litigation is as follows I
Shane E. Mell, born February 23, 1986, and Cody J. Mell, born
April 22, 1988.
2. A Conciliation Conference was held en April 18, 1996, with the
following individuals in attendanoel
The Father, Ronald B. Mell, with his counsel, William Vohs,
Bsquire, and the Mother, Denise M. Hell, with her counsel
Richard L. Webber, Esquire.
3. The parties separated in November. At that time, the Mother
left the marital home and the ohildren stayed with the Father.
Both parties have now filed Petitions seeking primary custody
of the minor children. Sinoe separation, Father has been
primary custodian, with Mother enjoying custody on alternating
weekends.
4. Mother suggests that she did not take the children when she
left the marital home with an understanding with the Father to
the effect that the ohildren would go to live with her once
she Qbtained suitable housing. She claims she now has
obtained suitable housing. Father suggests that he would
provide a better atmosphere as primary custodian, and Father
also suggests that he has concerns about the boyfriend that
the Mother lives with. The parties are unable to reach an
agreement and a hearing is necessary.
5. A hearing should take one-half day.
.1 il I ~::. ~1I:
1 (! : ;.i I: ' ~ J , !) <1~; F.) ~
\
TO:
ATTN:
RICHARD L, WEBBER, JR.
Attorney at Law
366 Green Sprins R.oad
P.O. Box 40
Newville. PA 17241,0040
Ross Stores. :nc.
Telephone (717) 776.6566
FAX (717) 776-6086
Paula Hoke
'tou al;'e hereby aut.horizec;l. to release eo \~illiilo'1\ C. Vohs.
Ssquil:e and Richard L. Webber. Jr.. Esquire. any information
pertaining to my employment at your company.
7-M-Q(P
Date
.[Jc/}{./J. ( yf), VJj; () I
Denise l~ell
7070 Carlisle Pike. Lot 93
C.~li.le, PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RONALD E. MELL JR.,
Plaintiff
v.
CIVIL ACTION - LAW
IN CUSTODY
NO. 96- 15 olJ. C!-t~ -r:vr..~
DENISE M. HELL,
Defendant
IfOTIcl
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (201 days after this complaint and notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR 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.
Court Administrator
Fourth Floor, Cumberland County Courthouse
CarliSle, PA 17013
(7171 240-6200
HANFT & VOHS
Wi~ ~.I~.qui,"
Attorney ID No. 65208
11 West Pomfret street, Suite 2
Carlisle, PA 17013
(7171249-5373
Attorney for Plaintiff
C'......lCk1.'fl.hll'r.t...U.....,:n>lG...'..,'..
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RONALD E. HELL JR.,
Plaintiff
v.
CIVIL ACTION - LAW
IN CUSTODY
DENISE M. HELL,
Defendant
NO. 96- Ii)).
oaDU OF COURT
AND.NOW,this--2.?'l'\ day of /,"),,,,,1) ,1996,
upon consideration of the attached Complaint, it is hereby
directed that the parties ~nd their respective counsel shall
appear before \.::. ~, y.., &, I (c '...l<, , the Conciliator,
at L- ,t h , J" l..~ f'r\ . ) . \ .....\' f IUI.- on
the In day of:,/, ,1996 at ""<;<' .m., for a
Pre-Hear ng 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,
c
",
J<'
~~//
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. "
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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717 I 240-6200
The mother of the children is the Defendant, who resides at
2 East Main street, Apt. 1, Newville, PA. She is married.
The father of the children is Plaintiff, who resides at 397
Petersburg Road, Carlisle, PA, He is married.
4. The relationship of Plaintiff to the children is that of
natural father. The Plaintiff currently resides with the
children and his sister Sheri Brayan.
5. The relationship of Defendant to the children is that of
natural mother. The Defendant currently resides with her
paramour, Neil Lingle.
6. plaintiff has not participated as a party or witness, or
in any other capacity, in other litigation concerning the custody
of the children in this or another court.
The Plaintiff has no information of a custody proceeding
concerning the custody of the children in this or any other
court.
The Plaintiff does ~ot know of a person not a party to the
proceedings who has physical custody of the children or claims to
have custody or visitation rights with respect to the child.
7. The best interests and permanent welfare of the children
will be served best by granting the reli9f requested because:
a) The Plaintiff is the natural father of the minor
children;
bl The Plaintiff has had primary physical custody of the
children since wife abandoned the martial residence and the
children on November 10, 1995;
C~'\!nt)()Y'.wIU..1a"JO~I.\1M
2
cl The Plaintiff is ready, willing, and able to provide the
children with a home with adequate moral and emotional and
physical surroundings as required to meet the childrens'
needs and best interest;
dl The Defendant hns demonstrated that she is not able to
care for the children on a primary or full time basis;
el The Plaintiff is able provide the children with a more
stable and emotionally balanced home and home life than the
defendant; and
f) The children's emotional, spiritual, and physical well
being are presently being maintained by the Plaintiff and
Plaintiff, due to his station in life and his love and
affection for his children, is in a better position to
continue to provide for these needs.
8. Each parent whose parental rights to the children have
not been terminated and the person who has physical custody of
the children has been named as parties to this action. There are
no other persons who are known to have or claim a right to
,
custody or visitation of the children.
C~~h.."\lIrtTXI..cu..
3
VERIFICATION
I VERIFY that the statements set forth in the attached
document are true and correct to the best of my knowledge,
information and belief. I understand that false statements
herein are made subject to the penalities of 18 Pa. Section 4904
relating to unsworn falsification to authorities.
02mGl~
,
i
.
~
. :e
~~~
, 1 .
,...J ... -...
'>,J , ""
\i ~ ~ -
Q~ ~ ~
If' <'..:J P
. ~.~ l/l
o ~ V;
:t- :::i-
~ ~
-ft it.
--...I ' l
'--, ':.1.
I ,.
,
~.
,
~,
I .
\~ ",
~.c
3~
o,i>l
~~ ~ N
~ (/) ~
..... :c iil
il~ i!;~ ...., : i PI! I
...., ~i
~.~ . >-
a: > ~
d to- ~ N J::
U. ~ J:: ~
. Z Ii ~ & ~
fd i
i fd ~ i
<Il
ffi
~
~ ~
{'" lY
, . - . , - - . - .' '. .~.,
~,' , , ,..j
J..\I ;..;,. iJ,jf) -
..'
IN THE COURT OP COKNON PLIAS 'OR
CUMBIRLAND COUNTY, PENNSYLVANIA
DINISI M. HELL,
DB'INDANT/COUNTIRPLAINTI,r
CIVIL ACTION - LAW
v.
98-1522
CIVIL TERM
RONALD S. HELL, JR.,
PLAINTIrr/COUNTIRDIPINDANT
CUSTODY
RESPONSB
AND NOW comea the Defendant/CounterPlaintiff, Deniae H.
Hell, by and through her attorney, Richard L. Webber. Jr.. and
files thia Reaponse to Plaintiff's Complaint for Custody,
averring the following:
1. - 6. ADMITTED.
7. ADMITTED IN PART AND DENIED IN PART. It ia admitted that
Plaintiff ia the natural father of the children and that he haa
exercised primary cuatody since November 10, 1995.
It is specifically denied:
(1) that the wife "abandoned" the chIldren on November
10, 1995;
(2) that the Plaintiff can provide the children with
adequate moral, emotional, and physical
surroundings to meet their best interest;
(3) that Defendant has demonstrated that she is not
able to care for the children;
(4) that Plaintiff can provide better stability and
homelife than Defendant; and
151 that the chlldrens' well-being is presently
maintained by Plaintiff and that Plaintiff ia in a
better position to provide for these needs.
8. ADMITTED,
WHEREFORI, Respondent respectfully requests that your
Honorable Court deny Petitioner'a request.
COUNTIRCLAIM rOR CUSTODY
AND NOW comes the Defendant/CounterPlaintiff, Denise M.
Mell, and files this Counterclaim for Custody, averring the
tollowing:
l, The PlaintittlCounterDefendant is Ronald E, Hell, residing
at 397 Petersburg Road, Carlisle, Cumberland County,
Pennsylvania.
2. The Detendant/CounterPlaintiff is Denise M. Hell, residing at
2 East Hain Street, Apt. 1, Newville, Cumberland County,
Pennsylvania.
3. Defendant/CounterPlaintiff seeks custody of the following
children:
HAD
Present Residence
Aile
Shane E. Mell
397 Petersburg Road
Carlisle, PA 17013
10 years
(DOB 2/23/86)
Cody J. Hell
397 Petersburg Road
Carlisle, PA 17013
7 years
(DOD 4/22/88)
The Plaintiff/CounterOefendant currently reside. with the
following persons:
~
Sheri Brayan
Shane E. Hell
Cody J. Hell
RelationshiD
sister
son
son
6. Defendant/CounterPlaintiff has not participated as a party or
witness, or in another capacity, in other litigation concern in.
the custody of the children in this or another court.
Oefendant/CounterPlaintiff does not have information of a
custody proceeding concerning the children pending in a court of
this Commonwealth.
Defendant/CounterPlaintiff is not aware of a person not a
party to the proceedings who has physical custody of the children
and claims to have custody or visitation rights with re.pect to
the children.
7. The best interest and permanent welfare of the children will
be served by grantin. the relief request because:
a. The Defendant/CounterPlaintiff is the natural mother of
the minor children;
b. The Defendant/CounterPlaintiff has been the primary
caretaker of the children since their birth;
c. Defendant/CounterPlaintiff is able to provide the
children with a home with adequate moral and emotional
and physical surroundings as required to meet the
childrens' needs and best interest;
d. The Pl~intitt/Count.rD.fendant haa demonstrated that
he is not able to care for the children on a primary
or tull time basia;
e. The children's emotional, spiritual, and physical
well being would be better promoted by Defendant/
CounterPlaintitt due to her station in life and her
love and atfection tor her children;
t. The parties reached a verbal agreement Whereby
Defendant/CounterPlaintift was to exercise primary
custody atter the 1995-96 achool year;
g. Plaintitt/CounterDetendant "belittles" the children
inappropriately;
h. Plaintitf/CounterDefendant improperly diSCiplines
the children; and
i. Plaintiff/CounterDefendant is not interested in the
childrens' schooling and homework requirements.
8. Each parent whose parental rights to the children have not
been terminated and the person who has physical custody ot the
children have been named as parties to this action.
WHERBFORE. Detendant/CounterPlaintitt requests the Court to grant
custody ot the children to her, subject to reasonable partial
custody tor Plaintiit/CounterDetendant.
~./!.~~II /
Richard L. Webber~.
Attorney tor Detendant/CounterPlaintitt
366 Green Spring Road
P.O. Box 40
NeWVille, PA 17241-0040
(717) 776-6566
i'
I verity that the state.enta
Counterclaim are true and correct.
statements herein are made subject
Pa.C.S.A. Section 4904 relatin, to
authorities.
mad. in thia Response/
1 understand that tala.
to the penaltiee ot 18
unsworn falsification to
Date: A",. / ! I ) "'f G
.
1).,/1, ;, A lLLLlfIll/ ~ Q ~.
~/count.rPlaintltf
'.. (J)
l.'~
,'.
I !.1 (,.O:J
< ,
r,-
"
c~.-- ;:'J
C' ':"J , ,
l..-! I
LC. ":,
~ l~
l'. . "
'-.. ,
-'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RONALD E. MELL JR. ,
Plaintiff
v.
CIVIL ACTION - LAW
IN CUSTODY
DENISE M. MELL.
Defendant
NO. 96-1522
om.. O. COURT
the
AND NOW, this }..'- day of ~, 1996,
counsel, the Hearing scheduled fO't July 9,
1996 is hereby
upon agreement of
rescheduled to July 29 at 1:3U pm in Courtroom No.2. In all
other respects the Order of Court dated May 8, 1996 shall remain
in effect.
// I
By the Court.' .
,
-t(;j!
..,. ,
I
/
( JI........:r.('lJi'!tJlJ....,u,.o{TU.t..JlI('OIoI
J.
RONALD I. MELL,
PLAINTIFF/COUNTBRDBrBNDANT
V.
I IN THB COURT or COMMON PLBAS or
, COMB.RLAND COUNTY, PBNNSYLVANIA
,
I NO. 96-1!l:2:2
,
, CIVIL ACTION - LAW
I IN CUSTODY
DINISB M. MILL, JR..
DIFBNDANT/COUNTIRPLAINTIFF
PRETRIAL MBMORANDUM OF DIFBNDANT/COUNTBRPLAINTIFr
DINISE M. MILL
The fOllowing information is provided by Denise M. Mell,
hereinafter referred to as "MOTHER" by and through her attorney,
Richard L. Webber, Jr., pursuant to Rule 1915.3-4 of the Rules of
Court of Cumberland County and Paragraph 1 of the Order of Court in
this case dated May 8, 1996.
A. History of Custody
The parties have two children, Shane E. Mell, born February
23, 1986, and Cody J. Mell, born April 22, 1988.
The children resided with MOTHER and FATHER at 397 Petersburg
Road, Carlisle, Pennsylvania from birth until the parties separated
in November 1995.
Upon separation, MOTHER left the marital residence. FATHER
has resided at the marital residence since the date of separation.
MOTHER resides at 7073 Carlisle Pike, Carlisle, Pennsylvania
in a mobile home which she owns.
At the time of separation, the parties verbally agreed that
FATHER was to exercise primary physical custody while MOTHER would
exercise partial custody several nights per week plus alternating
weekends. The parties agreed upon this temporary arrangement so as
to not disrupt the childrens' 1995-1996 school year. The parties
further agreed at that time that, for the long term, MOTHER would
exercise primary physical custody at the close of the school year.
The parties exercised custody pursuant to that verbal
agreement from the date of separation until the summer of 1996,
when the present Order modified the summer schedule.
On or about March 19, 1996, FATHER filed a Complaint for
Custody, seeking primary custody. MOTHER filed a Counterclaim for
Custody on April 15, 1996. The Court Order which resulted from the
Conciliation Conference is dated May 8, 1996. Primary physical
custody of the children was awarded to FATHER during the school
year. The Order further provided that the parties alternate weeks
of custody during the summer months.
In addition to her exercise of custody during alternating
weeks this summer, MOTHER has kept the children during the weekdays
of FATHER's scheduled custody weeks due to his daytime employment.
B. Position reoardino Custody
MOTHER's position is that she should be awarded primary
physical custody of the children, with FATHER to exercise liberal
partial custody.
She proposes that legal custody be shared.
MOTHER believes that she should be awarded primary custody of
the children for the following reasons:
a. MOTHER is the natural mother of the minor children;
2
b. She has been the primary caretaker of the children since
their birth;
c. MOTHER is not employed outside the home, nor does she
intend to seek such employment in the forseeable future.
d. FATHER has admitted that MOTHER is "one of the best" as
far as raising children is concerned.
e. FATHER's employer requires that he be "on call" on a 24
hour basis every third week.
f. She is better able to provide the' children with a home
with adequate moral, emotional and physical surroundings
as required to meet the childrens' needs and best
interest;
g. The children's emotional, spiritual, and physical well-
being would be better promoted by MOTHER due to her
station in life and her love and affection for her
children;
h. In November 1995, the parties reached a verbal agreement
whereby MOTHER was to exercise primary custody after the
1995-96 school year;
1. FATHER "belittles" the children inappropriately;
j. FATHER improperly disciplines the children; and
k. FATHER is not interested in the childrens' schooling and
homework requirements and has admitted that he does not
have time to help Shane with his math homework.
1. FATHER ~as exhibited viol ant behavior.
3
c. ract Wi tn.....
1. Denise M. Mell - Mother
She will testify as to the facts stated herein as well as
her present home and her relationship with the children.
2. Neil Lenael - Defendant's boyfriend
Mr. Lengel will testify as to MOTHER's ability to care
for the children and her good relationship with the
children. He will discuss his relationship with the
children.
3. Mark Boyer - Shane Mell's Math Teacher
Mr. Boyer will testify that Shane had difficulty with
math.
4. Mrs. posovick - Guidance Counselor
Mrs. posovick will testify that she recommf\nded to FATHER
that he assist Shane with his math homework and that
FATHER admitted that he did not have time to help Shane
with his math homework.
5. Cindy Unqer - Neighbor
Mrs. Unger will testify that she has had opportunity to
observe MOTHER's parenting skills and that her skills are
excellent.
6, Carol Highlands - Neighbor
Mrs. Highlands will testify that she has observed MOTHER
with the children and that MOTHER is a good parent who is
capable of being the primary caretaker for the children.
4
7. Shane Mell . The Child
MOTHER requests that he be interviewed by the Court in
Chambers.
8. Cody MAll - The Child
MOTHER requests that he be interviewed by the Court in
Chambers.
9. Any witness called by the Plaintiff and/or any rebuttal
witnesses.
D. BXD.rt "itn....'.
None.
I. B.tt_tad. l.nath of h..rinei"
One-half day.
r. aeDort. from a~9ropri.t. aaanci.s,
Not applicable.
G. Raport. of BXD.rt Witn......
Not applicable
B. I..ue. -
(A) Which parent has been the primary caretaker of the
children?
(B) How much weight is to be given to the primary caretaker
role?
5
- .
RONALD E. MELL, JR.
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DENISE M. MELL,
DEFENDANT
96-1522 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this b.J- day of August, 1996, IT IS ORDERED:
(1) The temporary custody order entered on May 8, 1996, is vacated and
replaced with this order.
(2) Shane Mell, bom February 23, 1986, and Cody Mell, bom April 22, 1988,
shall live with their father, Aonald E. Mell. Jr., during the school year.
(3) During the school year, the mother, Denise M. Mell. shall have the children:
(I) every other weekend from Friday evening through Sunday evening;
(II) every Tuesday and Thursday evenings;
(ill) from each Wednesday evening before Thanksgiving through
Sunday evening;
(Iv) from the moming of December 27th through the evening of
January 1 st;
(v) from the evening of the start of each spring break until the evening
before the end of spring break.
(4) During each summer school vacation perton, starting on the first Monday
after the children are out of school, they shall spend two weeks with their mother then
. .
. .
one week with their father then two weeks with their mother, etc., until the beginning
of the first full week of the next school year at which time the school year schedule
shall recommence.
(5) The parents shall share Christmas Eve and Christmas Cay.
(e) The father shall at all times keep his guns and ammunition locked.
By the Court,)'
"I (j~/
Edgar B. Bayley,
William C. VOhs, Esquire
For Plalntlff U11U"" -
"'Y"'~'1~
'I" ,~....
Richard L. Webber, Jr., Esquire .
For Defendant
:saa
RONALD E. MELL, JR.
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DENISE M. MELL,
DEFENDANT
00-1522 CIVIL TERM
IN RE: CUSTODY
OPINION AND ORDER OF COURT
BAYLEY, J., August 1,1996:-
This custody case was tried on July 29, 1996. The evidence Is as follows.
Ronald E. Mell, Jr., age 37, and Denise M. Mell, age 31, are the parents of Shane
Mell, age 10, bom February 23,1986, and Cody Mell, age 8, bom April 22, 1986. The
parents were married on September 18, 1985. They separated on November 10,
1995, when the mother left a four bedroom marital residence on Petersburg Road,
Carlisle. The mother moved Into a one bedroom apartment In Newville with Nell
Lengel, age 33, whom she had met In September, 1995. Two months ago, the
mother moved Into a three bedroom mobile home In Leiby's Trailer Court east of
Carlisle. She purchased the mobile home with funds from the sale of her Interest In
the marital residence to the father. Nell Lengel continues to live with her. A divorce
Is pending between the mother and father. Nell Lengel is divorced from his second
wife. He has a daughter, Chelsea, age 8, from his first marriage. Chelsea Is In the
physical custody of her mother, and Lengel exercises temporary physical custody on
a regular schedule.
Since 1989, the father has been a service technician for Agway Petroleum in
96-1522 CIVIL TERM
Carlisle. During the summer, he works from 7:00 a.m. until 3:30 p.m. and the rest of
the year he works from 7:00 a.m. until 4:30 to 5:30 p.m. Every third week, he is on
emergency call 24 hours a day. From September 12. 1994, until May 31, 1996, the
mother worked a 7:00 a.m. to 3:30 p.m. shift at Ross Distribution In Carlisle. She was
fired from that position. The mother testified that she Is being supported by Nell
Lengel and does not intend to retum to work, although she may do some baby-sitting
if she needs extra money. Lengel is a roofer and eams about $16,000 a year.
After Shane was bom, the mother did not work outside of the home tor about
eighteen months. She then took a daytime job, and Shane stayed with a sitter. She
quit that job when Cody was bom. About three weeks later, she started a paper
route and took the children with her. In the beginning of 1989, the mother started
"
WOrking nights, first at the Book-of-the-Month Club and then tor Giant Foods. In
September, 1989, she took a day job at the Carlisle Barracks. She remained there tor
two years. Shane went to pre-school at a Carlisle Barracks day care facility. When
Shane started kindergarten, the mother left her job and began baby-sitting at home,
which she did tor about three years until she started the evening shift with Ross
Distribution In September, 1994.
The father lives in the South Middleton School District, and the mother lives in
the Cumberland Valley School District.' Shane is scheduled to enter the fifth grade at
the Iron Forge School where he went last year. and Cody Is scheduled to enter the
1. Her prior apartment in Newville was in the Big Spring School District.
-2-
',\
96-1522 CIVIL TERM
third grade at the W.G. Rice Elementary School where he went last year. Cody does
well In all subjects while Shane has difficulty with mathematics. When the mother
separated on November 10, 1995, the father dropped the children off In the moming
at a latch-key program for the rest of the school year Into June, 1996. The children
were then bused to school. At the end of the day, they were bused back to the latch-
key site where the father picked them up after work.
The father testified that prior to separation, the mother told him that she had
talked with Shane and Cody and that they had told her they wanted to stay In their
home. The father testified that the mother tOld him that she wes leaving the boys with
him because, (1) they wanted to stay In their home at that time, (2) she would not
have room for them In her new apartment, and (3) she did not want to move them out
of their schools In the middle of the school year. The mother testified that at the end
of October, 1995, she told the father that she wes going to separate and that she
woulc:l talk to the boys to see what they wanted. She testified that immediately before
the separation on November 10, the boys told her that they would hate her If she took
them out of school during the school year but when school ended that they wanted to
live with her. She testified that she told the father what the boys had said, and he
seemed to agree and was pleased that she wes not going to take them with her.
Following separation, the mother and father agreed that the mother would have
Shane and Cody every other weekend. She also would have them every Tuesday
and Thursday evening; although she did not maintain regularity with that schedule as
-3-
96-1522 CIVIL TERM
she did with the weekend schedule. During Christmas and New Years in 1995, the
mother went to Florida with Neil Lengel where he was charged with a felony
aggravated stalking of his second wife. The father had Shane and Cody that entire
Christmas holiday and New Year period. In the spring of this year, the mother again
went to Florida where the charge against Lengel was resolved by a plea of no contest
to aggravated stalking. Lengel was placed on probation and remains on probation
today. During this summer, each parent has both boys on altemate weeks, with the
exchanges on Mondays.2 On the father's altemate weeks, the children are with the
mother While he Is at work. Otherwise, they stay with their grandmother. These
arrangements have worked well with both parents making the necessary adjustments
for thelr activities, vacations, and the activities of the children.
The father's stepmother and grandmother live beside him and his sister lives
two miles away. Sometimes when the father is sent on an emergency service call, he
takes the children with him. Other times, they stay with his stepmother and
grandmother. Before the parents' separation when the mother was not home and the
father was sent on an emergency service ..:all, he did the same thing.
Both the mother and father cook for the boys and engage in many activities
with them. Both boys are healthy. Both parents have been Involved at their
children's schools. Both boys participate in sports. In chambers, Shane stated that
2. This schedule is pursuant to a temporary custody order entered on May 8,
1996, following a conciliation conferencs.
-4-
96-1522 CIVIL TERM
he wanted to live with his lather because "we do a lot of fun stuff together, we shoot
bow and we go fishing and stuff.' Cody stated that he would like to stay In the W.G.
Rice Elementaly School because 'It's fun there.' They both appear to be at the
maturity levels expected for their young ages. They attended a dozen counseling
sessions after their parents' separation. The sessions ended In March, 1996. The
boys are reasonably well-adjusted to their parents' separation. They have friends In
the neighborhoods of the homes where their mother and lather live. The children
love their parents and are loved and well taken care of by them. They also get along
well with NlJlI Lengel.
The lather testified that he believes the current custodial arrangements are In
the best Interest of the children and he would like them to continue. The mother
seeks primary physical custody. She suggests that the lather have the children every
other weekend, with divided holidays. They would continue the alternate week
schedule In the summer adjusted for vacations.
In E.A.L, Sr. v. LJ.W., 443 Pa. Super. 573 (1995), the Superior Court of
Pennsylvania stated:
The paramount concem in a child custody case is the best
Interests of the child. A determination of the best Interests of the child is
based on consideration of all lactors which legitimately have effect upon
the child's physical, Intellectual, moral and spiritual well-being. The
court In a custody action has the obligation to consider all relevant
factors that could affect the child's well-being. (Citations omitted).
Positive weight is to be given to the primary care provider. R.A.R. v. T.M., 434
Pa. Super. 592 (1994). A stable environment Is Important. Cardamone v. Elahoff,
-5-
96-1522 CIVIL TERM
442 Pa. Super. 263 (1995). Parent-child relationships are Important. Elllrbe v.
Hook., 490 Pa. 363 (1980). It Is Important for a parent to encourage and foster a
continuing relationship with the other parent. Moor. v. Moor., 535 Pa. 18 (1993). In
Commonwealth ex reI. PllfCI v. Pllrcl, 493 Pa. 292 (1981), the Supreme Court of
Pennsylvania stated:
Although the express wishes of the child are not controlling In
custody decisions, they do constitute an Important factor which must be
carefully considered In determining the child's best Interest. The weight
to be accorded the child's preference varies with the age, maturity and
Intelligence of the child and the reasons given for the preference.
Both parents have encouraged and fostered the continuing relationships of
Shane and Cody with the other parent. The parents' relationship with each child is
strong. Shane stated that he wanted to i1ve with his father but his reasons were
superficial. Cody stated that he would like to remain In the W.G. Rice Elementary
School for a similar reason. We believe the crucial factor affecting the primary
.
custody of the children during the school year Is a continuation of the stable
environment at the father's home since the mother separated on November 10, 1995.
The mother's situation Is not as stable. While the mother had been the primary
caretaker, the father was always closely Involved with their care and upbringing. The
continuation of the stable environment In which Shane and Cody are doing well
warrants maintaining the current custody arrangement, although we will provide the
mother with more extensive time during each summer and during the spring,
Thanksgiving and Christmas school vacation periods. Accordingly, the following
-6-
96-1522 CIVIL TERM
order is entered.
ORDER OF COURT
AND NOW, this -'1t: day of August, 1996, IT IS ORDERED:
(1) The temporary custody order entered on May 8, 1996, is vacated and
replaced with this order.
(2) Shane Mell, bom February 23, 1988, and Cody Mell, bom April 22, 1988,
shall live with their father, Ronald E. Mell, Jr., during the school year.
(3) During the school year, the mother, Denise M. Mell, shall have the children:
(I) every other weekend from Friday evening through Sunday evening;
(II) every Tuesday and Thursday evenings;
(Iii) from each Wednesday evening before Thanksgiving through
Sunday evening;
(iv) from the momlng of December 27th through the evening of
January 1 st;
'\
(v) from the evening of the start of each spring break until the evening
before the end of spring break.
(4) During each summer school vacation period, starting on the first Monday
after the children are out of school, they shall spend two weeks with their mother then
one week with their father then two weeks with their mother, etc., until the beginning
of the first full week of the next school year at which time the school year schedule
shall recommence.
.7.
IN THB COURT or COMMON PLIAS FOR
COMIlBRLAND COUNTY, PBNNSYLVANIA
DBNISB M. MBLL,
PBTITIONlR
CIVIL ACTION - LAN
,
.
.
.
.
.
.
CUSTODY
V.
96-1522
CIVIL TBRM
RONALD B. MBLL. JR.,
RISPONDBNT
ORDBR OF COURT
AND NON, _A...or \ \ r:)?, , 1997 upon consideration of
the attached Pl!ti'tion to Modify Order of Court dated August 1,
1996, it is hereby directed ti.at the parties and their respective
counsel appear before Hubert x. Gilroy, the conciliator, at the
Fourth Floor, Cumberland County Courthouse, Carlisle, PA, on the
\~ day of MO." ,1997, at 10: 00 a.m.. for a Pre-Hearing
Custody Conference. At such conference, an effort will be made to
resolve the issues in disputel 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 TRI COURT,
BY.
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
befo~e 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 TUB THIS PAPBR TO YOUR LAWYBR AT ONCB. IF YOU DO
NOT HAVB A LAWYER OR CANNOT AFFORD ONl, GO TO OR TBLBPHONB THB
OFFICI SBT FORTH BBLOW TO FIND OUT WHBRI YOU CAN GBT LBGAL HBLP.
Office of the Court Administrator
Courthouse, 4th Floor
Carlisle, PA 17013
Telephone (717) 240-6200
cc: William C. Vohs, Esq., Att. for Respondent
cc: Richard L. Webber, Jr., Esq., Att. for Petitioner
IN TB. COURT OW COMMON 'LIAS roa
CtJIIBB1lLAND COUHTY, PINNSYLVANIA
DaIs. II. aLL, , CIVIL ACTION - LAW
PJl'flTIONllR I
,
V. , 91-1522 CIVIL TnM
I
RONALD I. aLL, JIl .. I
USPOHDJDIT I CUSTODY
PJl'fITION TO MODU'Y OaDIR OW COT1Jl.T
DATBD AUGUST 1, 1996
AND NOW comes the Petitioner, Denise M. Mell, by and through
her attorney, Richard L. Webber, Jr., and files this Petition to
Modify Order of Court dated August 1, 1996, averring the following:
1. The Petitioner is Denise M. Mell, residing at 7073 Carlisle
pike, Lot 93, Carlisle, CUmberland County, Pennsyl~ania.
2. The Respondent is Ronald E. Mell, residing at 397 Petersburg
Road, Carlisle, CUmberland County, Pennsylvania.
3. Petitioner seeks to modify custody with respect to the
following children:
HamA
Present Residence ~
Shane E. Mell
397 Petersburg Road 11 years
Carlisle, PA 17013 (OOB 2/23/86)
Cody J. Mell
397 Petersburg Road 8 years
Carlisle, PA 17013 (DOB 4/22/88)
The children are presently in the custody of Respondent, who
resides at 397 Petersburg Road, Carlisle, PA 17013.
During the past five years the children have resided with
the following persons and at the following addressfts:
~
List all Addresses
DateD
Respondent Ronald E.
Mell, Jr. and
Petitioner Denise M.
Mell
397 Petersburg Road
Carlisle, PA 17013
August 1992 to
November 10,
1995
Respondent Ronald E.
Mell, Jr. (primary
custodian)
397 Petersburg Road
Carlisle, PA 17013
November 10,
1995 to
present
The mother of the children is Denise M. Mell, currently
residing at 7073 Carlisle Pike, Lot 93, Carlisle, PA 17013.
She is married to but separated from Respondent.
The father of the children is Ronald E. Mell, Jr., currently
residing at 397 Petersburg Road, Carlisle, PA 17013.
He is married to but separated from Petitioner.
4. The relationship of Petitioner to the children is that of
natural mother.
The Petitioner currentll' resides with the following persons:
twIA
Relationship
Neil Lengel
boyfriend
5. The relationship of Respondent to the children is that of
natural father.
The Respondent currently resides with the following persons:
~
Female Companion (name unknown)
Shane E. Mell
Cody J. Mell
RelatianshiD
girlfriend
son
son
6. Petitioner has participated as a party in other litigation
concerning the custody of the children in this Court. A copy of
the resulting Order of Court dated August 1, 1996 is attached
hereto, labeled as Exhibit A, and incorporated by reference herein.
Petitioner does not have information of another custody
proceeding concerning the children pending in a court of this
Commonwealth.
Petitioner is not aware of a person not a party to the
proceedings who has physical custody of the children and claims to
have custody or visitation rights with respect to the children.
7. Petitioner seeks to modify the Order of Court dated August 1,
1996 in order that she may exercise partial custody of the children
for overnight stays on Tuesday and Thursday of each week. She
proposes that the other portions of the Order remain in effect as
stated.
8. The best interest and permanent welfare of the children will
be served by granting the relief req\lest because:
a. The children desire the proposed arrangement; and
b. The proposed arrar.gem~nt would be more convenient for the
parties and the children.
---...
..
I verify that the statements made in this Petition to Modify
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to authorities.
Date:
J-j-I (-i~71
p n ,',QO \-rn. '-.J\'Yl.c 0 ('
Denise M. Mell
petitioner
..
RONALD E. MELL, JR.
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DENISE M. MELL,
DEFENDANT
96-1522 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this bJ- day of August, 1996, IT IS ORDERED:
(1) The temporary custody order entered on May 8, 1996, Is vacated and
replaced with this order.
(2) Shane Mell, born February 23, 1986, and Cody Mell, bom April 22, 1988,
shall live with their father, Ronald E. Mell, Jr., during the school year.
(3) During the school year, the mother, Denise M. Meli, shall have the children:
(I) every other weekend from Friday evening through Sunday evening;
(II) every Tuesday and Thursday evenings;
(iii) from each Wednesday evening before Thanksgiving through
Sunday evening;
(Iv) from the morning of December 27th through the evening of
January 1 st;
(v) from the evening of the start of each spring break until the evening
before the end of spring break.
(4) During each summer school vacation period, starting on the first Monday
after the children are out of school, they shall spend two weeks with their mother then
Exhibit 11-1
IN THB COURT OF COMMON PLIAS FOR
COMBBRLAND COUNTy, PBNNSYLVANIA
DINISI M. MILL, a CIVIL ACTION - LAN
PITITIONBR ,
,
V. a 96-15:2:2 CIVIL TBRM
I
RONALD B. MBLL, JR., ,
RBSPONDBNT a CUSTODY
ORDBR OF COURT
AND NOW, -=I' , Cc, , 1997 upon consideration of
the attached Amended petition to Modify Order uf Court dated August
1, 1996, it is hereby directed that the parties and their
respective counsel appear before Hubert X. Gilroy, the conciliator,
at the Fourth Floor, Cumberland County Courthouse, Carlisle, PA, on
the 15th day of July, 1997, at 8:30 a.m., for a Pre-Hearing Custody
Conference. At such conference, an effort will be made to resolve
the issues in dispute; or if this cannot be accomplished, to define
and narrow the issues to be heard by the court, and to enter into
a temporary order. All children age five or older may also be
present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THB COURT,
BY'
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.
YOU SHOULD TAltB THIS PAPER TO YOUR LAWYBR AT ONCB. IF YOU DO
NOT HAVB A LAWYBR OR CANNOT AFFORD ONE, GO TO OR TBLIPHONE TBB
OFFICB SBT FORTH BELOW TO FIND OUT WHIRB YOU CAN GBT LlGAL HBLP.
Office of the Court Administrator
Courthouse, 4th Floor
Carlisle, PA 170lJ
Telephone (717) 240-6200
cc: William C. Vohs, Esq., Att. for Respondent
c~' Richard L. Webber, Jr., Esq., Att. for Petitioner
IN TBI COURT OF COMMON PLEAS POR
CUMBERLAND COUNTy, PENNSYLVANIA
DINISI M. MBLL, I CIVIL ACTION - LAW
PITITIONER I
,
V. I 96-15:2~ CIVIL TERM
I
RONALD E. MELL, JR.. I
RISPONDBNT I CUSTODY
AMBNDED PETITION TO MODIFY ORDBR OF COURT
DATBD AUGUST 1, 1996
AND NOW comes the Petitioner, Denise M. Mell, by and through
her attorney, Richard L. Webber, Jr., and files this Amended
Petition to Modify Order of Court dated August 1, 1996, averring
the fOllowing:
1. The Petitioner is Denise M. Mell, residing at 7073 Carlisle
Pike, Lot 93, Carlisle, Cumberland County, Pennsylvania.
2. The Respondent is Ronald E. Mell, residing at 397 Petersburg
Road, Carlisle, Cumberland County, Pennsylvania.
3, Petitioner seeks to modify custody with respect to the
following children:
~
Present Residence ~
Shane E. Mell
397 Petersburg Road 11 years
Carlisle, PA 17013 (DOB 2/23/86)
Cody oJ. Mell
397 Petersburg Road 8 years
Carlisle, PA 17013 (DOB 4/22/88)
The children are presently in the custody of Respondent, who
Name Relationship
Female Companion (name unknown) girlfriend
Shane E. Mel1 son
Cody J. Mell son
6. Petitioner has participated as a party in other litigation
concerning the custody of the children in this Court. A copy of
the resulting Order of Court dated August 1, 1996 is attached
hereto, labeled as Exhibit A, and incorporated by reference herein.
Petitioner does not have information of another custody
proceeding concerning the children pending in a court of this
Commonwealth.
Petitioner is not aware of a person not a party to the
proceedings who has physical custody of the children and claims to
have custody or visitation rights with respect to the children.
7. Petitioner seeks to terminate the Order of Court dated August
1, 1996, to be replaced by an Order of Court as set forth in
Exhibit "B" attached hereto.
8. The best interest and permanent welfare of the children will
be served by granting the relief request because:
a. The children desire the proposed arrangement; and
b. Petitioner is better suited to tlrovide for the physical and
emotional needs of the children.
I verify that the statements made in this Petition to Modify
are true and correct. I under3tand that false statements herein
are made subject to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to authorities.
Date:
f' I z," (~/7
Do (\L~\ (,,~\. ;~ ~.2.
Denise M. Mell
Petitioner
...
--
RONALD E. MELL, JR.
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYlVANIA
V.
DENISE M. MELL,
DEFENDANT
: 96-1522 CIVIL TERM
IN RE: CUSTODY
QBDER OF COURT
AND NOW, this I~/- day of August, 1996, IT IS ORDERED:
(1) The temporary custody order entered on May 8, 1996, Is vacated and
replaced with this order.
(2) Shane Mell, bom February 23, 1988, and Cody Mell, bom April 22, 1988,
shall live with their father, Ronald E. Mell, Jr., during the school year.
(3) During the school year, the mother, Denise M. Mell, shall have the children:
(i) every other weekend from Friday evening through Sunday evening;
(II) every Tuesday and Thursday evenings;
(iii) from each Wednesday evening before Thanksgiving through
Sunday evening;
(Iv) from the momlng of December 27th through the evening of
January 15t;
(v) from the evening of the start of each spring break until the evening
before the end of spring break.
(4) During each summer school vacation period, starting on the flrst Monday
after the children are out of school, they shall spend two weeks with their mother then
Exhibit A-I
one week with their father then two weeks with their mother, etc., until the beginning
of the first full week of the next school year at which time the school year schedule
shall recommence.
(5) The parents shall share Christmas Eve and Christmas Day.
(8) The father shall at all times keep his guns and ammunition locked.
William C. Vohs, Esquire
For Plaintiff
,I
Richard L. Webber, Jr., Esquire
For Defendant
TRUE COPY FROM RECORD
In Testimony wher.of, I h.r. unto set my hind
end the ...1 of saId Court at Carlisi., Pa.
~~. of...~..!......, 19.1~_
. ........{!......}.1.~~.~
prothonotlry
:saa
Exhibit A-2
.
RONALD E. MELL, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS 01'
:CUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
I
INOI 96-1522 CIVIL TERM
I IN CUSTODY
DENISE H. MELL,
Plaintlff
V
Prior Judgel Edgar B. Bayley
CONCILIATION CONFJ:RENCE Sf./HofARY.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:
Cody J. Holl, born April 22, H88 and Shane E. Hell, born
rebruary 23, 1986.
2. A Conciliation Conference was held on July 15, 1997, with the
following individuals in attendancel
The Hother, Denise H. Hell, wi th her counsel, Richard L.
Webber, Jr., Esquire, and the Father, Ronald E. Hell, Jr.,
with his counsel, William C. Vohs, Esquire.
3. The current custody arrangement gives the Father primary
custody. The Hother has now filed a petition seeking to
modify the existing Order by giving her primary custody. She
say. the older child has indicated a desire to come to live
with the Hother. Father suggests that the Hother does not
properly care for the children when they are in her custody
and that the existing Order should remain in place.
4. The parties could not reach an agreement. A hearing is
necessary and the hearing should take approximately one day.
S. The Conciliator recommends an Order in the form as attached.
f} L?l3/ q7
DAB
Hu ert X. Gilro
Custody Concili
'>- If) ,
l( c-:
..~ -
>. ';;\ '.
,tit .'
( .. .
f.~ ~ ..
C~.
, , -:-
fd}, I
__I,. , , " (:,)
c;.:., ~ ,~
, , -
H. I'-
(j 0' U
DENISE M. MELL,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-3251 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
RONALD E. MELL. JR.,
Defendant
CERTIFICATE OF SERVICE
I hersby certify that on November 25, 1997, I, Michael A. Scherer, Esquire, of
O'Brien, Baric & Scherer, did serve the Pre-Hearing Memorandum, by first class U.S.
mall, postage prepaid, to the party listed below, as follows:
Richard L. Webber, Esquire
366 Green Spring Road
P.O. Box 40
Newville, Pennsylvania 17241
~,ff~-
Michael A. Scherer, Esquire
I'
I'
I'
II
II
I
DENISE M. MELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
91..-1$;I.~
NO. 97-6251 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
v.
RONALD E. MELL, JR.,
Defendant
PETITION TO MODIFY CUSTODY
AND NOW, comes the Petilloner, Ronald E. Mell, Jr., the Defendant in the
above captioned action, by and through his attorney, Michael A. Scherer, Esquire, and
respectfully represents as follows:
1. Your Petitioner, Ronald E. Mell, Jr. (hereinafter "father"), is the Defendant
in the above captioned action, and he presently resides at 397 Petersburg Road,
Carlisle, Cumberland County, Pennsylvania.
2. The Respondent is Denise M. Mell (hereinafter "mother"), who Is the
Plaintiff in the above captioned action, and her present mailing address is P.O. Box
614, New Kingstown, Pennsylvania, 17072.
3. The parties, who are divorced, are the parents of two minor children,
Shane Mell, born February 23, 1966 and Cody Mell, born April 22, 1988.
4. The custody rights of the parties have been established by Court Order
dated August 1, 1996, which is attached her...to and marked as "Exhibit A.'
5. By virtue of the August 1, 1996 Custody Order, the father has primary
physical custody of the children, while the mother has partial physical custody of the
children.
II
II DENISE M. MELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-3251 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
v.
RONALD E. MELL, JR.,
Defendant
CERTIFICATE OF SERVICI;
~
I hereby certify that on April~, 1998, I, Jennifer S. Calaman, secretary to Michael
A Scherer, Esquire, did serve a copy of the Petition To Modify Custody, by certified U. S.
mail, postage prepaid, to the parties listed below, as follows:
Richard L. Webber, Jr., Esquire
366 Green Spring Road
Newville, Pennsylvania 17241
Denise M. Mell
P.O. Box 614
New Kingstown, Pennsylvania 17072
tr. -tl ~
.;
", .' ::\..(
...
In,;:l - (.1..;
-
0'-- ..j- ,J:..
ie.' .-
~' .." ,,,!.~~~.
c> ' iJ'
,i. - . 1 ~J_
rd~.~ ; " ~"
~~ -;j:n
,c. ~ _'.11,.1..
\- ... ~":
'" ~ 3
0 C1'
D,:n, .se. [fl. AchfllS
. '. . ~\'O,,;~(')
(l "
t\(J('I(....\d t me II "Sf-.
~.j.-
f<~ 1X'~
.
.
.
: NO, qlc.- /5)..;2
. C U. y\ Dd Y
0- \ V I I -re..:2. (Y\
.
.'
o~Dc:A o~ Cp~-r
. A()d Nbw, ~Jt.,(j Ct{"15Ide~a...'h u(J of ~e. (l.+tttclud
~~P\O-i~+1 '.+ .IJ her{e.bl} d'fiecfed +hCl.+ +0.e..fM+,e5 and
+ne.IA Ae ~p ec.JIV'e.. C-"L-I./)sel tUJl'd{t" b.-.,f.\J ~ . \ I , '. \
t- - rr "- ", '-'/"'1,- t'k!'f.r.\ "i G..fI' ,,-
~'D H (l \.
_ '.' I . 1~ C'.(\C'" Ic,-+oA, a..+~r.'.\,\\w, ,,,.C'lr C"^......\,,,d.
Ii'" 'r\ \-, ((\..l \ \-"j .c J
0'" +\1e.. '5 de.....'! 0 ~ ~Cn h
\ qq, I a.J ..9 '.!:'O (). rn. \ f=cA a.. e t<e..-he L12, ."11 C t)..s+od y
C6n~eAe()Ge I At 5uc~ (!t.)('I~e~enc.~ at) e+'fo..e...+ l.0I!1 be..
mo..do e.. to Re.5" \ y e. +h e. J S su.. e. S if) el, s p vJe. j 012.. I' ~
i-hiS (}Q.n()o+ be OC(1Cf"'lph-;;he.d., +0 de}:,ne. (1.rlrl noJ!..R1>t...J
+he. i :55ue5 -Iv be. he..a."cL by +he CO()"K.J,Q.'1J -to <<">r~R.
;(1 to (). -fernfoA.OA'J oAd.e~ I FLl-1 J ()..~e.. +0 a.pp eO-/) tL + +h L
Co(1f~enc..e. mG..~ ftib.J1 de- qAou..nls fL>A ef'l-tA\.1 d F a.
temp(JfHVl~ oA pe,:;,rnCifJifl+ un (JeJ< .
B ~ +h e. l'.o.,uq + ,
-.J~~'t"I.\'X, f\;cl-i\rn. t)lc' -
- ~l'!'\>')
't6U, S H DLL ll) --r It K f' -r H' 5 ~ II- PE f!. -(0 'I DI.).. K.
l.ftwi~~ II"! DNG€, :rF '10J.. 'DD NO', HI1V~ It LAW_'1€~_
oA c.. AN NO -r 13 pr:::o~7;:> DN~ bo-ro oA. -rE.. LE. fHG N.~ -pi\:::
orF-:C e-f."" SG-r f"o/Z-ni BE Low Ib r-:t:J'JO OLAl Wti {;I(.t
'10LA CAtJ 66 -r L.E Gfl L J.I E- L f
c l;~ '0 e ~ I CV\ d c.o. ~'3Ci...I<" ft s50 C ,
?- LI beA+~ Ave. C(u..( I, 5 Ie
;J.4CJ- 3 I~(,p
,. .
" ,
I 79t) W.. t"!'l'/".:Jd/ i- tfI ~ 4# ~(
I' 7 'If ~~.~ ~~..;.. w' -4~ ~ .
:\
,
i
I,
I
t.',!
:1
U
! ~
II
II
in
r-;
L"
F-
f'
"
p
.;1
l i
,:;.j
Ii":'
i.
f.'
[f.,",
"
,
I,:
I
[
,
Pt:li'S€.. ('fl. f\d(,u"'r) ~
{l'.; I . \~
". ~€\',-\. io,-...,eR..
r.UlPl1 \) E. mE L.L -S~ '
~~~
.
.
-LA -f'~e. ('o~t 0'= (lOf"'l"VIl:n PleASCh-
C!l"lr<\ b e ~ \ CAJ"~ (l Ull/'l hi , I~~ nn Sll / v'cu'li a.
No,<:\lD-'5;;l.~ 0..\~'\ -re.j/:?('()
eU51--()d~
.
.
.
.
~
.
6 k 'DC I~ CJ r Cou.R-r
ArJv ~L01 ~(\ ~()n s', deK(L\ 10,\ Dt
?2-\:\-\\<<::lf\ I o...,^e.o...g'(\9 1'5 se.+ -tDR -
6f'\ +~ e.. dO-,\ DC;; I qq ~ O-~ . (fl.
-rne.. p \ o..",(l-\- \ n:: Ii e <..sr~e c+ ~ L.L II \.1 Regv.es-+ 5 -W,o=I-
'Iou LJ~a.n+ {'t)1 p"~' +i M foil 'Spe c,,,- ll?e. Ii e+ So
t~ .\- -r: \'\lJ- '{ C'o.,,/l ~\ 0'-'-+ (Y1 'I Cl)c<!C+ 0 p, de" e d
v/'5ik-\-ion to Vi.. e'f..CeA(i'5l!-d (({om +he !noi!.11it1Cj
Ot DLCertlheJ, :0 -!hRU. -jf.e " 1/erM'9 or: ~",aJ<~j.
13 ~ +h e. CoLtA +,
-
-rw:l'Je. Edqo..R S. &b/ley J ~
,
\)t1i'lI.?e (f), f1 dMY\ 5
. ~. It'
, " "\Q(\e.R..
"
Pt,()o..l j (, (I1e) I "5";'
~
I?PSfbrd.a.A+-
.
: 1A --r;,e eDuX + or nVYlf) 7011 fJ cAS o1=-
: (' /..-UY7 beA I Q./)ol C oJ).l)-ty I ~e ,'V) sy I v' CU) '" ~
,
. ~, qto- /5.).;). {J, I Y I { -re ~(Y)
,
: ('u ')+0 d~
P E -r:t: -1"'1 L)nr6~ 5 pE/C-r: ft L Rf. L -r. f f
0(\ '\\\e eve""r"r) or 'be('pr{)~_A ;)/, ,qq~ I ('{hi Sof\
S~e. Co-\\e.d. 0\"- 0..\ o.IJ~Mwdel'1 -;1:05 pm. 11e was
'1"~~ I.J.~ and QA,\ i r<:j QJ\d ~ 0 I d me -\0 Co"" e p; c K n. en o.rJ..
\'\i ~ 'oP.Mh <.A Qod,\ \.lp ()cW . -:J: F\ ~,\le d 0.-\ "he, R \-10 '" ., "-
doDo. ;)., ('<'\, ,.,u.I-e. -;. \ "- -\,.,e ~ W 0... t e d .(0 R ~.\--,.rn -\a (!o m e o..d
0. ~ ':I: ll..\~ 5 do. l-O IJ\eJ'\ +he'f d;d 1"0-1 <W f'{\ e. 0"- -\- "I- .(.h U'
I,...l<n+ -\0 p,''''l -tJ,\(. 0001<\:'1'.1\. LlfM d0d"1 :sa, "I- \-1eaA" {.he;1\
.Q>d..heR +ellin1 ~Q. +ro.-+- he.. /Va:> qO'()9 -f<J stn>-sh
"', '5 1-ee~',,,. As -!:. wo..s 00 rn. "''I do"''"' +he ~AorA :s\.e
. ~e.. Co-Me. cv-'\ +hl?. Side ~murl-cbL. He wCl.'O.
pal \; {;.Xl.,/ -\0 ('1>'\ eM LUhef'\ "', 5 -to-.-\lr.e-e.. fM-de h ('f\ Co(lle.
bo.&- ..., \6 ~e.. W>~, A-''teR 'ne~ ~ ~". s .p,e.~'(..
-\0 ~e.. -:s:. spe C' \,; Q:L\ \ ,,\ \0 Ie! Rf,,, no-\- --\0 h -\- Y-' 111,
\'o:r.w-sL \\e. ks dON'- So i () -\-Vle past. Whe" '3hOJ"l4t.
we",-\- i C\ 5 \ de ,-I \.. e. dc,o R v..)o..." S 'nu.. -\- c,.rd. f\O~; nq el
wa.. "j Sa.; d '.3D l. q D+ 'oo.!:;( i '" f'(\ '\ eo...e. o..rcI.. Ie .r\-
QS Sv-f'n; "'1 +\-0... -\- -:C \;lO,'" ~ g D, r;>q -10 be o..b Ie..
to ~,cJ{ up (Y)'i ~oW'?e sf- Sc>~ .e i +h~l\. --r wer>+
.j.o ./.-h~ ne{w.s+- pmne Iooafh o.rJ. tt,oceede d 10
(!()...II . +11 e pD J ~ C-e in 'r>K, n9 fJ.y.L~ .J-'ne'f hod )'.l"- ' 5 -
d, d. f{'k91'1--1hest' rf)c.c!.feJ(5. -rhf'i ,n.k,ljYIe d
rr1 e. 'tr /U. -I- fh t^j d. d 110.J- / /J 01- e. v efl [)J;-J..h --J-.h e..
~~ARa'+ O~ ph'l'SiQ:LJ VIO\e/)~e.. +1'10.1 -:C ()ve^-he~,
.-:1: +Y\ef\ L..)~rr\ ~me_ Cl.nd m~ h b - _I
d ' e~- uS a/YA
;:J le-\~e olx>/A. + fh'l YOufl9p:51- $01). "'I. \0 \ d
\0'\ - -:c as:'LVY)ed -:r: L0a.S nO-t o..\\oLJed '
4oqe-l- f)lfY7, el-lhefl. SOL JE'-f-l./-Ie flJt)(~eded-kJ i
tQ. J ( fYle #10...+ fY7y Son cjlJ.~d /Yle ujJ +A e, I
dl<ive LJay wnJ-c), Was rxr-f !he -!t<u+f1 OJ--a I .
fn+oern(ld h,/'l1 -1-10:l-+ as -:r: I,'ve '/1 fJ~e~\1
CiJu.n+"'f -r. wa.s ()o+- ma-j:,-n9 QnC+he~ --He/p CJJeR..
-\-he. fOb~\(\, He -\-~en r~oceeded ~ -t-ell !fie-
~+ 6u...R.. 0 J d e s+ SD n S \r-o-n e VXJuJ d no +- ~
(o(Y'llfl9 +0 (Y)'/ hsuse dlAf-' rY( my SChedLA led
V';s tf-aJ,on be ('ti.J.,L se ,4 W~5 P al2J of h ,-s
f.M Ish J'YII2/If fO( h,.5 9Aode s i /l 5cheJOi a.rol
~+ h,",s 0--#6~e'f -!old h,'r/J fha-{ he uJc6
ft !loiJJecl +0 /{ee~ h,(Yl [ANn /fie. as ;a.ef. of!
h,.5 I ()I)" Sh /I1efft. -::C ~ 0 \ d h, {Y\ *J h I :5
A i+ DAM'! Wcl. '2> bJR!)I)Il ard -I-J..oj -:!: t..<J ov./d
b.€ }'.. /'''9 C1/)kmjJ-j-cJo.~qe.5 +fle j)f'J.j cI<J.y it'
he dt'J (1M- hlve ~f1e boys ~+ fYJ~ h6USe..
~LJ fYJ,'d n,-qh-l-. f~e /~V911P d a. + r>1e a'id we
/t7 u.n 9 /J..j1 r-I r: fel!. -;: l~ I k" d -/{) Ih ~ /ICVJlge sI-- 5xt I
-:e Qj)~ s+ -I-!-YA-+ e veA' L I 'ff7 ' (l c;} :.:::r: ha.ve. 1
_ Wi</Jte 011 .jJ,,-:::, /h j)f) I? I ~ ..Jh e H2JA'-IA,ard" I
~'-'r Id I; Ke -kd-y:t(;1ii1-y rk /dLm plea se 'FOe...J.j,~ I
Sf of u,e,J~ scJ..i2du./ed v/sli" l}1) I Y/J. a~ ~
~
~
.....
(> ~ .~ '
i
~ C I
~ 'j
.....
s:' it
...
\l I.
.'1
j () ~
a.:.
~- ,...
(I; ,-
i.:~ '" ..
1I " (' . ~ .'
~ ?7'
t.~ . ..
l...}1 l-'..4
(::. , .1"
" (",
. ,
t..:1 c ,
( I" ,j
L... .tl.
1.'- I~i
U -)
0.1' U
.
~ 'll ; "
~ ""
r. Cc
~;:
'- ....
Z'
w{' fl'")
C'..,
If!1,' ",
'.. L:.. '~-
1- :.:..
"- cr,
0 (;, ':_)
~ ,,,.~ ':4
Der{,se. (Y), Ad (L(YJS
~ ICL; \\-t~ \'~'
V.
~G()Rtd f.. me. \ \ -:SR.
: --:1=' n ----rh e C 6 LkR + c.. + LOfYIm r\.
: \'J\eo..~. 0~ cu...rnDeR\cuLl C'6LVl~ '
: 0Ul\\ .)'\ h'a." ~ CL
. N -, ...~ I . -")'1
: l.;. \\.U- \'>,,0('>( C,'II \ -rerZff\
C Ll.')-tL C\i
MAY 2 5 1999~
6 ~ d ~ f2,. o~. C~_~_~-t-
. Ancl, now,. ~L()6n CDn S Icle.K O-'h (,() 0 s;. +he...
Cl- -\-ta..che~ CDI~l p \cLd'\ \ -t I 5 heRe- '0 L\ d \ R €.-c-r-e cl
'rnlL \- \ n c r Cu, \- ,b ()->--cl .+ Ie-,,,,,~ "e s p ( c." ,,~ C'..CDf1s<>J
~CU~ 'nQ..~L;{.~L . \-\\.h-r\.- 'i. C<\\r~\-F'il'- -
+he. Con G\ \ \' a....-\- of\ CL-~~ '-\~~~.c~"er\cn~C()'(() r-tro~e- '
\ .
()(1 ,-I-Y1e. _ J (3% dLL'I 0-1-' P<<j{!d.- 1'1 q 'j o...:\-
)? :30. 11> "'. ) (oi\ (L cg<2- -I. eo>'; <XI C LI-'"*''' d '1 ('cnI=eRe1~
"n ,,~\ C ,,\. li), \ \ tt. \Wcd c... -\e K (''>0 I ~ c. \\ ,c. , SScL " sd
\ (\ d; s ~ll\ e.. ; 0 K i+ -\-\,' OS C o"".:,a.t ,)(.. LC c.c.o p,~ \,"'\,~ . ,
-to d <1.~' n C. ru,o.. nCLKK."L~ \-\,c , $Sll (s -to \:>e. \,~Gl-RJ:
\:JL\ +~e. SeLd' \- , CU....d- -\-G QX,\e.K i ,,\-o (L \-~rnp"hQ.i'-L\
Of', cl eJ\, \ CL, \ uP, el 0 CLP P (JLP, o.c\ .,\\ e. Con ~ ~ Ren c..e..
0\0-'\ pRo\l\ de gROM,cb _-r;o~ e\;\<'f\'\ c\2 0-
-\e,npoP'(lf'c\ DR rCll.f1y..'-"fn \ cf\(hR.
bt.\-\--\\ <2- LU lJR t I
J\~-r\:.~~\1~J-'% .
l Th:)
, .' 'JDll .'5":'ULC \ d. hL'<~ E. '.I-h -~ P~"'Q R -\0 1<"L/\
\lu,,--,I..\.t2..R CL\- CAIL.e.., -r\ "ILL~ de ,\c:\ \,C\.\Jc.. Cl. \O...L0",!Q..R
cP-. C<Lf>"V\- lll..\',p,cl on<:'., C:" \ G (;p. \e_k0"" f\<'.. ,he...
()~i. \ ce.. '5':\ -\c\.d\\\-\ \\Q\CJl..J \c, \'('().. C'\'l\ uJy\e~e-
"i () l...l. l.:.c_U"\ C\ c\- \.: C(L \ ''11\;\ ( ),
(\ul\\)(li\Cl' A C(LI()\-~ J~Uf\ (h1.e:..
.J 1-. \;t"i'-\->"\ H\J t: C{HJ,\,'j'~
..Y1 (1' '31l.-(1.'
:{kr'l i ~ (Y\. Achm ~
~\o.:.I"'l-\; ~~
.
': '''1:"" -rnt'_ <.~oL.LA 0 e..omN\()n ~\('Cl.5 F
: (JJ.j\\~p,\Cl.r\cl CCLL(\\'\ \ ~e.N\~\vo..J\i~
: ~C. C\~- IS a~ C..-,\}', \ ,eRr\)
".
~c>~o..'d E,. \'f\~\ \ -S~.
~~~MO-rrl-
.
.
.
.
e~"S \<Jdi
.
.
("(\0, \ 0("1 \0 \'<\DO\ \~ c..U.S\ 0 d~
:t" I b e.n i ~ rn. P\ do...rn S I +h e. pi C1. in-\- ; -r-f.? OJY\
C. u.AAen-\ Ii ({ e.s i do nq a.. -\- ~ O. 801- 41.;1 5neA'W>5 kJ<,
~a.., \ '70 90. -r~€. de.\ e(\J.Cl.i\-t, Rbf'\o... \d t:. . ('f\e. \ \ :SR.
\-S c..u..RR~f'Y\-\~ Re_5\cl~f'4 0-+ 3Q, Pe...t€Asb~q Rd.
Qaj\\\ s\e., ~Q. 1/0 13
-rhe. ~\Q\f\\\~~ 'Se.e~S ~L.L\\ c.u.~-\-od,-\
~ +ne. +o\\owi nq C~\ \d~e.J"): .
Snane. t. rf\e-I \ - .3Q1 p,,-teP,'> buNj Rcl. CaR Ii 5 Ie A9<.13
Cb:l'i :s rt\e \ \ - 3"11 Pd ep,<;'ouAq Rd. CoA l.s1e- f\ge: II
--me. c.~-\ \ d ReC\ weAe C\ot 'co~(\ OLL -\- o~
Uje.o \0 (.,\J......
-r'f\e O\,\ORQi\ Q..Re_ fRe5fl",-\hf f{e~\din~
if) --\-'ne. c..Lls\od~ o,\: -\i1eiP- rCL+\\eR I RcnCl.\d.
{;. (Y\e.\\ -SR. a...-\ 3~1 Pe.--teRshu.J\g Rd. CQj~"sle,b
Dt.lAiflq +'f\e. pa..-s-\ ~\{e. yeQR~,-+he
L-'n", \ d ~e.f'\ \1~ J e.. ~ e. ":'~ Ide d w", "\- h +h e..-
.r 0\ \ow"\ '""9 rQ.~ ~Cl(\ s \ low,' n ~
Add ~e~2>5eSS;
~no..\d E'..{'f)e. \\ ~. ~ U.Q.I'i~lZ ro.Adc.nlc;,- ,'3q ( Pa:\-eRsblA-Aq Rd.
e.oJ\ ks \ e , \b.. \ 70 , ~
,qC\3-,QQS-
~bna...\d E.\'C\f.-\\3R.- 3q( Pl2--teRSbl)..Rq Rd. &RI;~l{.
I q9~ - \" <11
~D()o'" \d E. (Y) e. \ \ -S R. - 3q 1 p~+ e. ~s b LlAq ~:L Ca..A.1 \~ k.
\qql- C-u..RRerJ-l ~
'-r'ne. 01O+"'e.~ ~ +\Ie C."'i \ d -Re.(\ r ~
DR.~ i $Q.. \f\. A clo...sY"l S c.. v...l\ R, Q. f\+ \ ~ ~ e. '5 , cl \ 1\ 9 ex.. +
P.c. eo",Ji7:)' s"'e,R('f)0J)5dCL\e, fex.. /7090.
S'ne... \ 5 b i "0 ACe d. ,
-rhe. f o....~eR ROrc-\d E. m€-\ \ -SR.
,
',5 CuJ\~e-r\"\ \L\ ~e5 'ld; C'\9 CL+ 3q 7 (>e..+eR5bUh7
~. fuR \i s\e, ~Q. 17013.
\-\e.. \ ~ 'tv \ ~() Reed.
--rY\e. ~e\ CL -\ i 0('\ s'n'r o~ P \0.., 0-t ~ ~+
TO c.."'", \ d Re.f'\ \ ~ mo~eR.-rne.. f\~\\\-ti~~ ,
C-u.f\~e.{)-t\'1 A ts'\des l,U' +'r\ :
N e.\ \ R. Le f\C{ e \ - f i aJ\C ~
--r'r\e. t<e.\oJ-, or\s'nip oS;: De~e{Jd.aJ\+
-\-0 ~", \d Re.f\ ,S +o.-+he.R.I11e. Oe+'erdt:U1+
euRRen-t\L\ {<.e~',des Wi+-h~
~'n eR~ \ G u.. +5"'0- \ \ - G i R l.9R I erd.
K~'Q.R GuJs'NLll- C;A\~Ri~f)d's 'Son
-:So:L G v... t 5~a..\ \ .. C9 i ~ \ ~ ~ I en el' s d~ u.9 h+e,~
, : P\ Q\n1- ,\,.,\:' Y1o.. -:, i ('\ 0 R f\'la..: \ of) 0 <A C uS 0 Lf
.f R6 ce ech nq Cbn C e. ~ (\ i nq +'n e eYl i \ d R,e.() r~ncl; tl ~
\Cl 0.. COu..R+ ~ +h,. S CCrnrrJDnW€CL\+h. ,VIe..
e.O u..R -\- I -\- eA rl'\ CJJ1(l () l).S'1\ 'c eP" O-Jld- i + ~ P, e \ a. + \' 0 n -
5'ni? +0 ~,S o...cA- i of) IS'. c\1o-ISd.d.
r \ 0-, n -\ \ ~~ K n bw ~ O~ 0- pe R ..~o n 1'\0 -\- 0.. ro..~-\...\
~ -\-he. f~o cee difl9 5 LUDo no.. s ph~ 5 j ca..\ Cus+oc:l~
0+ ~e_ &', \dR-en 0 f{ c~\o..\{Y)~ -+6 ~\Je Cu5-\-od~
oA \!,'S'-tO-+i(jn Ai~"'-\-S \;J'\+\) ~e_:'Sp€ct- +6 +he..
c.,'n\ \d~ef\. ,"he. (\CLme. Q..J')o.. a-d..dAe-ss o~ stJ..ch
rep,:)b<l \5: AcnoJd E. 0Ie,II-SR, :3<11 {JeA-eR5bu.~9
~d. CA-R \ is \e, Pa. _ \ 10 1 ~.
--(he 'o.e -s+ i (\ \-e..Ae s-\- o..:nd. p.e.R f"'O'\a...f)eJ"+
We.\w.Ae. ~ ~Q c\), \ dRe{) w\ \ \ \:>.e se_Rved. btf
q Ao..rrtk-f\9 +ne ,qe..)"\ e ~ ~e~u e 0+ed. ~CQL..lse.:
DLA.€. +0 +tie. c.ons+o..n+ VeA6a..\ o..bu.5e.. o.nc:A
p'n L\ 5 i CbJ ab u:s e.. +n a...1- 5 han e_ no... 5 +0
e()clL.l~e- fAo(Y) h c"S +GL+heR I bo+h of +h-e..
~'n,ld Ren 'nQ:'Je 0- fO)o~e S+GLb\e... a.n~ \ovi~
en \J~ RDMeJ'\-t ~\+Y\ +'n~j R. Dlo+Y\e..~ OJlcL ne.f\
~ \ (V"'\ce.. N ~\, ~. Le.N1Q.,\.
E:o..c.'n r a-Re.rA" l0Y-oSe... p~e.nto-\ R iCj h-ts
-\0 +'ne. ch\ \dRen YlO-\.le.- \)0+ \rJeen 4eR(l1irod-~d.
o..c0. -\-'n e.. ~.e..R So n W'" 0 'no...::' p\-\ ~ 5 i C'CL \ C L-L ':> -\-cd '1
6 ~ -\'<\ e. c...\1-, \ d R e -n ~ \) e. 'oR- ~("\ 0=LffI ~d. a. s
?a...~-\-\ e~ \0 ~\ S o..cJ-'\Of),
. \J.)'r\E:~~~of<.E, ~\o..:'''+;~~ ~"COlJ..ec S-thi~ Cou...R.+
\-t, <=1 Rafvt Cu.s+od,-/ o~ +h~- Ch' 1dp,p(l +0 +h-L
r \ ~.\~-\-; srs; ,
Re,'5pec-\-~u...\\LI Su..orni ++ed.,
a'i
s,~-qq
b 0... \- e....
~()i ~_ '-ti). nntLN't\ ~
~ P\a.\(")-\-i ~
-r: \! e.R~ \'~ -\-~o... -\- -.+-'ne... s-\-o.::\e rne.fl+S
\f\ ad e.. \ (\ ~,"S eb (Y\ ~ \ 0...' ,,-t O-R e.. -\- R\J. e.. 0..." d..
Co ~~ecl-, -:r. \J--(~e..R S-\-ci.rd +h:L-\- Q>...\ se s-\o..k-
0\e..f)-\ '5 'r\e.Rei (') Me \<lade.. S\.L'D~e_cl -\-0 +h~
~Q,i\O-\\-l €. c:, os;. \)$ ~o... c. S. 4q oy ~e.\CL-\-\~-tc
~('\5woRM ..\-"'CL\Si~\ca...-\-"on -to a.u..-\-'naR'\+ie.~.
f1ntAi LfYJ. (l~
aO(\I'J\~ L.f\\ ~/\
-
...41... d 1..'1'\ 1$ 'f-....4 P"<-'V $.L L.I... (J ~~Q~(',-\- i ~ ~
- - _v- r -.. ~. ~ ~ -u.....
1f .-41"0-' I H t . 'f s..o
./~ --;-::
NOTARIAL SEAL
SONOIlA I NEFF NOTARV P\JBllC
"A;>L1SlE ij':RO, CUMBERLANO COUNTY
MY COMMISSION EXPlRES NOVEMBER 1$, 1999