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HomeMy WebLinkAbout01-05380David A. Szewczak, Esq. Prothonotary Patricia A. Whittaker (Otie£ Clerk ._,r y Superior Court of Pennsylvania Middle District January 28, 2003 Certificate of Remittal/Remand of Record TO: Mr. Curtis R. Long Prothonotary 100 Pine Street, Suite 400 Harrisburg, PA 17101 717-772-1294 mvwsuperior.couastate.pa.us RE: Melius, F. v. Melius, D. No.1144 MDA 2002 Trial Court/Agency Dkt. Numbel'0 -.. ivi erm Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Filed Date Description Part September 6, 2002 1 Date of Remand of Record: ~'«at~ ~ ~ 2003 ORIGINAL RECIPIENT ONLY -Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Signature, ~ ;!/ Printed Name Date o~ ~. -=; ,, ;. ~ -" 4J ,, ..~ Y; -= 'm v ~t © .,~ /aaw J. A02038/03 FALASHIA MELIUS, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. DOUGLAS A. MELIUS, Appellee No. 1144 MDA 2002 Appeal from the ORDER Entered June 18, 2002, in the Court of Common Pleas of CUMBERLAND County, CIVIL, at No. 01-5380 Civil Term. BEFORE: STEVENS, GRACI, and OLSZEWSKI, JJ. MEMORANDUM: ~ 1~ r L.IE IQ.,.JAN ~~ ~ This is an appeal from a custody order entered in the lower court that granted to Douglas Melius, over Falashia Melius, the primary physical custody of their two children. The order granted Ms. Melius temporary physical custody during certain school holidays. For the reasons that follow, we affirm. The facts, according to the trial court's written opinion, are as follows. Mr. and Ms. Melius were married in 1996, and are parents of "B", a seven- year-old girl, and "D" afour-year-old boy. The father also has custody of "H", his eleven-year-old daughter from a previous marriage. Before their separation, Mr. and Ms. Melius lived in a home that he owned in Cumberland County, and their work schedule permitted them little time together. Mr. Melius worked in a cold storage facility of a grocery warehouse, but desired to find a new job because he suffered from pulmonary asthma and J~. A02038/03 back problems. He found new employment, for less pay, in another facility in or near Cambria County. Mr. Melius and his mother testified that she had offered to let the family live with her in Cambria County and prepared her home for that event. Mr. Melius also testified that he had suggested that appellant could return to school at a nearby community college. Appellant testified that they had discussed the move, but that she had never made a commitment. Mr. Melius testified that, after he committed to the new employment, appellant told him that their relationship was over. He moved into his mother's home with all the children. Appellant moved into the home of her parents, and she "made no immediate effort to see [her children], nor did she call them." Opinion, 6/18/02, at 3. She filed an petition for emergency relief, and a hearing was held in October of 2001. The judge below filed an interim order providing for week-on/week-off custody, with transportation to be provided by Mr. Melius. Appellant also filed a complaint for custody, and a hearing was held on June 6, 2002. In addition to the facts above, the following facts were also elicited. Both parents have faced significant financial difficulties since their separation. Mr. Melius' mother did not work outside the home, and she cares for the children when Mr. Melius has custody but is at work. Appellant has moved into her own home near her parents' home. She leaves the children with them while she is at work. Mr. Melius' unanswered testimony -2- -~ ~~~; J~. A02038/03 is that appellant "has a thyroid problem, is very emotional, and hyperactive. She has threatened suicide on several occasions ..., sometimes in front of the children. [He] has wanted her to undertake some counseling, but she has never done so, although she does take some medications prescribed by her family doctor." Id. at 4-5. This past spring, Mr. Melius took B and D to Cambria County Children and Youth Services after he noticed some marks on the children and they told him that appellants' parents were striking them while she was at work. The agency later concluded that this report was unfounded. An agency worker visited Mr. Melius and the children and found him to be an excellent and caring father. The worker suggested that he take B to counseling, and he complied. Before the lower court, appellant sought primary physical custody of B and D because she "changed her mind about moving" with her husband to Cambria County. Id, at 7. She did not seek custody of H. As mentioned above, the court filed an order giving primary physical custody of B and D to Mr. Melius, and temporary physical custody of the children to Ms. Melius during periods of vacation from school. She has appealed and assigns two errors: that the lower court erred by permitting Mr. Melius to move the children from Cumberland County to Cambria County; and that the lower court erred by giving him primary physical custody of the children. -3- J'. A02038/03 First, our standard of review for custody cases; This Court's review is the broadest in child custody cases; however, we will not reverse the decision of the trial court absent an abuse of discretion. The appellate court is not bound by the deductions or inferences made by the trial court from its findings of fact, nor must the reviewing court accept a finding that has no competent evidence to support it. However, this broad scope of review does not vest in the reviewing court the duty or the privilege of making its own independent determination. Thus, an appellate court is empowered to determine whether the trial court's incontrovertible factual findings support its factual conclusions, but it may not interfere with those conclusions unless they are unreasonable in view of the trial court's factual findings Tripathi v. Tripathi, 787 A.2d 436, 438-39 (Pa.Super. 2001) (quoting C/apper v. Harvey, 716 A.2d 1271, 1273 (Pa.Super. 1998)). 'The ultimate test is 'whether the trial court's conclusions are unreasonable as shown by the evidence of record."' T,B. v. L.R.M., 753 A.2d 873, 881 (Pa.Super. 2000) (quoting Si/fies v. Webster, 713 A.2d 639, 642 (Pa.Super. 1998)). Counsel cites Beers v. Beers, 710 A.2d 1206, 1209 (Pa.Super. 1998), for the proposition that the court was required to examine Mr, Melius' departure of Cumberland County for Cambria County under the three- pronged analysis of Gruber v. Gruber, 583 A.2d 434 (Pa.Super. 1990). The purpose of these factors is to "decide whether a custodial parent and children shall be permitted to relocate at a geographical distance from a non-custodial parent." Gruber, at 439. At the same time, the focus remains the best interests of the child. Tripathi, at 439. In Beers, we held that the -4- J. A02038/03 Gruber analysis may be appropriate for relocations within the Commonwealth. 710 A.2d at 1209. In this case, the court below did conduct a Gruber analysis. Under the first factor, "the court [was required to] assess the potential advantages of the proposed move and the likelihood that the move would substantially improve the quality of life for the custodial parent and the children and is not the result of a momentary whim on the part of the custodial parent." Gruber, at 439. Here, in light of the facts as discussed above, the court below found that "[u]nder the circumstances, the advantage of [Mr. Melius] then moving to Cambria County, where there is a more stable environment for himself and the children, has substantially improved the quality of his life, and the life of [B], [D], and [H]. ... His move was not the result of a momentary whim." Opinion at 7. Rather than the bad faith that appellant alleges, appellant's brief at 20, the court found that Mr. Melius' "motives were sound." Opinion at 7. Appellant argues that the fact that Mr. Melius took a cut in pay when he moved, with negative resulting economic benefits, supports her allegation that the move was in bad faith. As the lower court noted, however, in Anderson v. McVay, 743 A.2d 472, 474-75 (Pa.Super. 1999), this Court held that any advantage to relocation need not be economic in nature. -5- J. A02038/03 The court below then implicitly examined the case under the second Gruber factor in light of the fact that appellant's request for primary custody of B and D would separate them from H. The second factor: [T]he court must establish the integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it. The court must assure itself that the move is not motivated simply by a desire to frustrate the visitation rights of the non-custodial parent or to impede the development of a healthy, loving relationship between the child and the non-custodial parent. Gruber, at 439. The court criticized appellant's motives when it found that appellant °has never had a close relationship with [H]. Her resentment of [H] reflects her immaturity. [B] and [D] have lived with [H] their entire lives." Opinion at 8. The court below quoted Wiskoski v. Wiskoski, 629 A.2d 996 (Pa.Super. 1993), to conclude that the children should not be separated: Absent compelling reasons to the contrary, it is the policy of this Commonwealth that siblings should be raised together whenever possible. "This factor is not diluted by the fact that the children involved are half brothers and sisters." While this factor cannot be elevated automatically above all other factors, it must be weighed in conjunction with the others. "Good reasons" are not necessarily °compelling" reasons for disrupting the integrity of a family unit. "In defining the phrase compelling reasons' this court has said that the evidence must indicate that it was necessary' to separate the children, and the evidence was 'forceful' in this regard." Absent compelling reasons, "the children should be raised together in one household, for this permits the continuity and stability necessary for a young child's development." Opinion at 8 (quoting Wiskoski, at 998 (emphasis in original)). -6- J. A02038/03 The court then implicitly turned to the third Gruber factor: [T]he court must consider the availability of realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodial parent. Gruber, at 439. The court wrote that it could "fashion an order that will provide realistic meaningful periods of temporary physical custody for [appellant] that will adequately foster her ongoing relationship with [B] and [D]." Opinion at 8. We do not believe that the court's conclusions under Gruber were unreasonable in light of the record. Turning to the second assignment, regarding the custody award itself, we see no error. "The paramount concern in a child custody case is the best interests of the child, based on a consideration of all factors that legitimately affect the child's physical, intellectual, moral and spiritual well-being." This determination is to be made on a case by case basis. "Only where [it finds] that the custody order is manifestly unreasonable as shown by the evidence of record ..." will an appellate court interfere with the trial court's determination. Wheeler v, Mazur, 793 A.2d 929, 933-34 (Pa.Super. 2002) (quoting Swope v. Swope, 689 A.2d 264, 265 (Pa.Super. 1997); Myers v. DiDomenico, 657 A.2d 956, 957 (Pa.Super. 1995)). In hey brief7~appellant points to Mr. Melius' move from the marital home and her own daytime work schedule as bases for this Court to find that the lower court erred by giving Mr. Melius physical custody. As to the first point, we believe that the record supports the court's conclusion that -7- ). A02038/03 Mr. Melius' move provided "a more stable environment for himself and the children, has substantially improved the quality of his life, and the life of [B], [D], and [H]." Opinion at 7. As to the second point, we note that while appellant testified that she now works during the day, Mr. Melius testified that he does, too. N.T. Custody Hearing, 6/6/02, at 19, 67. This, therefore, can be no reason to find the court's order to be "manifestly unreasonable." In the conclusion to its opinion, the court below stated: "Considering all the evidence, we are satisfied that there is more stability for [B] and [D] living with their father, grandmother and [H] .than there would be in living in their mother's home .... It is in the best interest of the children that they continue to live with their father." Id. Upon review of the record, we believe that, rather than manifestly unreasonable, the custody order is more than adequately supported by the evidence of record. Therefore, the order of the court below is AFFIRMED. -8- vate: C~ i :i __ ~ r 4. - - ~ ~ 3" : ri ~ ~ .. c. _ ~ ~3 ~ C:~ -~ .. k . ..... -. _ ~Ee4 ~fi~ni .. ~ - ~ ~ _. a - o, ..76, rr CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (Cl To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: FALASHIA MELN5 v. DOUGLAS A. MELIUS NO.Ol-5380 CIVIL TERM 1144 MDA 2002 RECORO F!!.ED !N SUPERIOR COURT CEP - 6 20021 NA!tH!5r3uttG The documents comprising the record have been numbered from No. l to 181 and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 9-3-02. ~- is R. Long, th notary Jane H. Spading, Dpty. An additional cony of this certificate is enclosed. Please sign and date copy, thereby acknowled~in~ receipt of this record. Date Signature & Title .imp .. . I ., - ~p ~ ~" ~~ Among the Records and Proceedings enrolled in the court of Common Pleas in and for the count of CUMBERLAND y 1144 MDA 200 in the Commonwealth of Pennsylvania to No. 01-5380 CIVIL Term, 19 is contained the following: COPY OF COMPLETE F~$S2=IIA:MEL'IbYS v. DOUGLAS A. MELIUS DOCKET ENTRY SEE ATTACHED CERTIFIED DOCKET ENTRIES. D Commonwealth of Pennsylvania County of Cumberland ss I Curtis R. Long prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case Cther m stated, wherein Falas~ia Melius Plaintiff, and Douglas A. Melius Defendant , as the same remains of record before the said Court at No. g ~ -~_ of Ls==~ t Term, A. D. 19~. In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 3rd day ~ Se tember A. D., 192002 , ~.- (~~ rot 1 George E. Hoffer Pr 'dent Judge of the in Judicial District, composed of the County of Cumberland, do certify that Curtis R, Long by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Ple~s of~said ~ounty, was, at the time of so doing, and now is Prothonotary in and for said County of um er andd in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts ofjudicature as elsewhere, and that the said record, certfficate and attestation are in due form of law and made by th p icy . P sident .lodge Commonwealth of Pennsylvania County of Cumberland ss: I Curtis R. Long ,prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable George E. Hoffer. P.J. by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of said Court this 3rc3day of ~Ptembe}~.p. ~~02 PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry 2001-05380 MELIUS FALASHIA (vs) MELIUS DOUGLAS A PAGE N0. 25 - 31 32 - 43 44 - 50 51 - 53 53-A 53-A 54 - 180 54 - 180 181 Refereynyppce No..: Judemente.~~ " ~ COMPLAINT 00CUSTODY Judge Assigned: Disposed Desc.: ------------ Case Comments ------------- Filed........: Time.........: Execution Date Jury Trial.... Disposed Date. Higher Crt 1.: Higher Crt 2 Page 9/14/2001 3:43 0/00/0000 Of00J0000 1144 MDA200~ Case Type: SUBPOENA Ret Type.: Out of County ~~ Litigant.: MYERS MICHAEL Address..: 10805 CARLISLE PIKE - SERVED 5/20//02 REFUSED SERVICE Cty/St/Z GARDNERS, PA 17324 SUBPOENAS W$RE LEFT WITH DEFTS County Nm: AD11(~~MM2S CostDate:: $~0 522Pd2By: REBECCA HUGHES 05/23/2002 ------------------------------------------------------------------- 5/23/2002 SHERIFF'S FILE RETURNED FILED. Case Type: SUBPOENA Ret Type.: Out of County Litigant.: WITMER ALBERTA R Address..: 10805 CARLISLE PIKE -SERVED 5~20j02 REFUSED SERVICE y/St/Zp: GARDNERS, PA 17324 OF SUBPO NAS -LEFT WITH DEFTS RetnDatem: ~~3/2002 Costs....: $16.00 Pd By: REBECCA HUGHES 05/23/2002 -------------------------------------/------------------------------ 6/18{2002 THENCOURTEDGAREB BAYLEYRJ COPIESDMATLED06/18%02RE CUSTODY - BY ------------------------------------------------------------------- 7/17/2002 MOICHAELOF FENTON ggQSUPERIOR COURT - BY EDWARD R LEGATES ESQ AND ------------------------------------------------------------------- 7/31/2002 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 1144 MDA 2002 ------------------------------------------------------------------- 8/06/2002 PRAECIPE FOR WITHDRAWAL OF APPEARANCE FOR PLAINTIFF BX THOMAS S DIEHL ESQ ------------------------------------------------------------------- 8/06/2002 PRAECIPE FOR ENTRY OF APPEARANCE FOR PLAINTIFF BY MICHAEL F FENTON ESQ ----- - ----------------------------------------------------------- 8/21/2002 'TRANSCRIPT LODGED ------------------------------------------------------------------- 8/27/2002 TE~I~NSCRIPT FILED - -\-~ ~ ~ - - - LAST ENTRY - - - - - - - - - - - - - - **************~**B***t*****************t****x******t********+***~*x+******+******* * Escrow Information * Fees & Debits Beq* Bal Py*mts/Add End Bal ******************************** ******** ****** ******************x************ CUSTODY AGMT 85.00 85.00 .00 TAX ON AGMT_ .50 .50 .00 SETTLEMENT 5.00 5.00 .00 CUSTODY FEE 4.00 4.00 .00 CUSTODY FEE-CO 1.00 1.00 .00 JCP FEE 5.00 5.00 .00 SPEC RELIEF CUS 50.00 50.00 .00 SPEC RELIEF CUS 50.00 50.00 .00 APPEAL 30.00 30.00 .00 ------------------------ ------------ 230.50 230.50 .00 ****************,r**************:r*****a******:r*********x**********x************** * End of Case Information ******«******«**~******+***************«****+*****************:r***************** TRUE t~'OPY IrRRO~AA ~~CORD in iest-moiry whereat, t here eMO sat my ha~0 ~sstd the seal of said ~ou~. at t`~arUsbe,~Pa.,, , ~~ "~ PYS510 Cumberland County Prothonotary's Office Page Civil Case Inquiry 2001-05380 MELIUS FALASHIA (vs) MELIUS DOUGLAS A Reference No..: Filed........: 9/14/2001 Case Type.....: COMPLAINT - CUSTODY Time...... 3:43 Judgment..... .00 Execution Date 0/OOf0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt l.: 1144 MDA200: Higher Crt 2.: General Index Attorney Info MELIUS FALASHIA PLAINTIFF DIEHL THOMAS S 10805 CARLISLE PIKE GARDNERS PA 17324 MELIUS DOUGLAS A DEFENDANT PO BOX 227 STATION ROA D TEIN PEAKS PA 19560 :tt*+:t:rt:t~~:t:t:t+x:t:t~:t+x:t:t+:t:t:t:txx:t:t~~***x~:t*~~,t~e*x+,t*t**+r,t:t:t*:tx *:t :txxrr :t~x,t x:t :t x :t :t :t~~ * Date Entries *xx+:r:r*x::rtt***x***********t***t:rx:rt***rrt+:r:r:tx*+x*:r:t*:rt***:r*:t*+x:r**+x**~~:r****~: PAt,E N0. - - - FIRST ENTRY - - - - - - - - - - - - - - 1 - 5 9/14/2001 COMPLAINT - CUSTODY ------------------------------------------------------------------- 6 - 9 9/14/2001 PETITION FOR EMERGENCY RELIEF - BY THOMAS S DIEHL ESQ ------------------------------------------------------------------- 10 9/19/2001 ORDER OF COURT - DATED 9//19//01 - IN RE COMPLAINT FOR CUSTODY - HEARING AT 4TH FLOOR CUM$ERT,AND COUNTY COURTHOUSE CARLISLE PA AT 1:30 PM FOR THE COURT JACQUELINE M VERNEY ESQ FOR CUSTODY CONCILIATOR COPIE$ MAILED 9/19/01 ------------------------------------------------------------------- 11 9/19/2001 ORDER OF COURT - DATED 9/19(01 - IN RE PETITION FOR EMERGENCY COPIES MAILEDI9/20%91/01 9:30 AM CR 2 - BY EDGAR B BAYLEY J - ----------------------------//--------------------------------------- 12 9j26/2001 OgqRRESPECIAL RELIEFAINDTH~2ABOVE REFEREII~~CEDEMATTEROSETOFORE9/zE7~RiNG AT'~:30 AM HAS BEEN RESCHEDULED FOR 10/11/O1 AT 1:30 PM IN CR 2 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 9/26/01 ------------------------------------------------------------------- 13 10/15/2001 ORDER OF COURT - DATED 10/I11//O1 - THIS MATTER HAVING COME BEFORE THE COURT ON A PETITION//WW//FOI/KK/~~ $MERGENCY RELIEF THE RELIEF IS GRANTED UPCOMI~WEEKNS ATINGNATENOONF10J140THEIFATHERDSHALL PROVBDGALLIS TRANSPORTATION PENDING FURTHER O ER OF COURT FOLLOWING A CONCILIATION HEARING -BY THE COURT EDGAR B BAYLEY J COPIES MAILED ------------------------------------------------------------------- 14 - 17 10/24/2001 CUSTODY CONCILIATION CONFERENCE SUM$MARY REPORT AND ORDER OF COURT CUMBERLANDfCOUNTY COURT OUSE ON 1C/2D7/OlDATN8C452AMF-TBY THE COURT EDGAR B BAYLEY J COPIES MAILED 10/23/01 ------------------------------------------------------------------- 18 11/27/2001 ORDER OF COURT - DATED 11//27/01 - IT IS ORDERED THAT THE CUSTODY HEARING CURRENTLY SCHEDUL$ FOR 12f27/Ol IS CANCELLED AND RESCHEDULED FOR 2/6/02 AT 8:45 AM IN CR 2 CUMBERLAND COUNTY COURTHOUSE AT 8:45 AM IN CR 2 OF THE CUMBERLAND COUNTY COURTf~OUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/27/01 19 4/16/2002 ORDER OF COURT - DATED 4/15/02 - zT IS ORDERED THAT THE CUSTODY HEARING CURRENTLY SCHEDUT~ED FOR 4/17/02 IS CANCELLED AND RESCHEDULED FOR 6/6/02 AT 8:45 IN CR 2 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 4/16/02 21 - 24 5/10/2002 PETITION FOR SPECIAL RELIEF - BY REBECCA HUGHES ESQ \ ------------------------------------------------------------------- 2O 5/15/2002 ORDER - DATED 5/15/02 - THE PETITION FOR EMERGENCY RELIEF IS DENIED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 5/15/02 ------------------------------------------------------------------- 25 - 31 5/23/2002 SHERIFF'S FILE RETURNED FILED. ,~ ~kP~ ~ "~ ~r~011/" FALASHIA MELIUS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2001- ~3~ CIVIL TERM DOUGLAS A. MELIUS, :CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 2001 upon consideration of the attached Petition it is hereby directed that the parties and their respective counsel appear before _ Esquire, the conciliator, at ,Pennsylvania, on the day of 2001, at o'clock .m. for aPre-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 heazd by the Court, and to enter into a temporary order. All children age five or older may 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: 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 HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 FALASHIA MELIUS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2001-53$'~~ CIVIL TERM DOUGLAS A. MELIUS, :CIVIL ACTION -LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Falashia Melius, an adult individual who resides at 10805 Carlisle Pike, Gardners, Cumberland County, Pennsylvania 17324. 2. The Respondent is Douglas A. Melius, an adult individual who resides at P.O. Box 227 Station Road, Twin Peaks, Cambria County, Pennsylvania 19560. 3. The Plaintiff is the natural Mother of two minor children, Brianna Hope Melius, born October 28, 1996; and Douglas Dalton Melius, born May 30, 1998. 4. The children were born in wedlock. 5. For the past five years, the children have resided with the following persons at the following addresses for the following lengths of time: NAMF: AnnRF.SS DATF•S Douglas Melius P.O. Box 277 Station Road August 16, 2001 to Yvonne Melius Twin Rocks, PA present Falashia Melius 203 Southside Drive Birth to Douglas Melius Newville, PA August 16, 2001 6. The natural Mother of the children is the Plaintiff, who resides as foresaid. She is married. 7. The natural Father of the children is the Defendant, who resides as foresaid. He is married. c~C- 8. The relationship of the Defendant to the children is that of natural Father. It is believed that the Defendant currently resides with the children at issue and his mother. 9. The relationship of the Plaintiff to the children is that of natural Mother. The Plaintiff currently resides with her mother and father. 10. Contemporaneously with the filing of this Complaint for Custody a Petition for Emergency Relief was filed by the Plaintiff; other than that pending action, the Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the children will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the children's well being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, the Plaintiff, Falashia Melius, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Respectfully submitted, g_lw,~C Date: `I'tiomas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717)240-0833 3. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that fa15e statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. /_J FALASHIA MELIUS, Plaintiff ~, c ~--, -<<: _.~ C ~" -,v -S tj ~. ~ ,J J r~ ~ -~ x FALASHIA MELIUS, : 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2001-Jr..' S~ CIVIL TERM DOUGLAS A. MELIUS, :CIVIL ACTION -LAW Defendant : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff/Petitioner, Falashia Melius, by and through her attorney, Thomas S. Diehl, Esquire, and makes the following Petition for Emergency Relief against the DefendantlRespondent, Douglas A. Melius: 1. The Petitioner is Falashia Melius, an adult individual who resides at 10805 Carlisle Pike, Gardners, Cumberland County, Pennsylvania 17324. 2. The Respondent is Douglas A. Melius, an adult individual who resides at P.O. Box 227 Station Road, Twin Rocks, Cambria County, Pennsylvania 19560. 3. The parties are the natural parents of two minor children, Brianna Hope Melius, born October 28, 1996; and Douglas Dalton Melius, born May 30, 1998. 4. On Wednesday, August 15, 2001, the Respondent took the children to visit their paternal grandmother who resides in Twin Rocks, Cambria County, Pennsylvania. 5. Petitioner was aware of this trip and anticipated it to be a routine visit in which the Respondent would return with the children. 6. On Thursday, August 16, 2001, the Respondent returned from Twin Rocks, Permsylvania without the children. r~ 7. Upon being questioned by the Petitioner regarding the children's whereabouts, Respondent stated that he was again traveling to Twin Rocks, Pennsylvania, and would return with the children on August 17, 2001 or August 18, 2001. 8. On Friday, August 17, 2001, the Petitioner came home to the parties' marital residence located at 203 Southside Drive, Newville, Pennsylvania to find that the Respondent had removed his belongings from the home. 9. The Petitioner has not been contacted by the Respondent or the children since the Respondent left the marital residence on August 17, 2001. 10. The Petitioner has subsequently learned that the Respondent quit his job at Giant Foods without notice. 11. The Petitioner believes the Respondent is residing with the children's paternal grandmother, Yvonne Melius, at P.O. Box 227 Station Road, Twin Rocks, Pennsylvania. WHEREFORE, the Petitioner, Falashia Melius, respectfully requests this Honorable Court to enter an Order against the Respondent, Douglas A. Melius, requiring him to immediately return the children to the Petitioner until further Order of Court. Respectfully submitted, ~~eu-~ i Date: y%~ Thomas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717)240-0833 i' VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. f FALAS/HIA(M~ELIUS, Petitioner ~~: _, :n T, ~;m "' -a '_- ~: a z,- - CA _' ~ ; G -~ _~ i',a' i ~ ~,~ _ ', ~ - L~ ' ' ~ G ~~ .. }i : ~ { -G •i ' ~.. FALASHIA MELIUS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 01-5380 CIVIL ACTION LAW V. DOUGLAS A. MELIUS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 19, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 17, 2001 at 1c30 p.m. for aPre-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/ jacc~ueline M. Verne, Esgll~' 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. 1F 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 ~~~ "-F_~f.fri?*k+~£#a3:hd%i«r. xt, r _sE.«Mt 3.a~xiuiffi%• ~99.wW8~4tia /, % ~/ ~- /O-d/-6 'v'If`J k~r1?J.Si"~P4~='~ r,~ ~ : `~ ~„! 'f ` (..v ... :~) i V.~V ~) I; 9 J FALASHIA MELIUS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOUGLAS A. MELIUS, DEFENDANT 01-5380 CIVIL TERM ORDER OF COURT AND NOW, this ~"1~' ' day of September, 2001, fT IS ORDERED that a hearing shall be conducted on the petition for emergency relief on Thursday, September 27, 2001, at 9:30 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Edgar B. Bayley, J. Thomas S. Diehl, Esquire ~' For Petitioner ~,,n,~\ Douglas A. Melius ~j~ w c/o Yvonne Melius P.O. Box 227 Station Road Twin Rocks, PA 19560 :saa ~.,, .. --= xa+~~iagnd^-..~,.er.';s~a~s~xa;~e~ti - ter... ~ . .... ~.. - 6{ is~3 ~' 1~ GC• t- . ~~ ~ ~ , `~~ _ 4L 7 ` ~ y- 11 L _. ~ ~{j.. ~' :' C7 ~ ~ DOUGLAS A. MELIUS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 01-5380 CIVIL TERM FALAFHIA E. MELIUS, Defendant IN CUSTODY ORDER OF COURT And now, this 'Z~ day of September, 2001, upon agreement of counsel, hearing for Special Relief in the above-referenced matter set for Thursday, September 27, 2001 at 9:30 a.m. has been continued and rescheduled for October 11, 2001 at 1:30 p.m. in Courtroom No. ~_ of the Cumberland County Courthouse, Carlisle, Pennsylvania. °J i By: Edgar B. Barmy, Judge C 1d~ \~rr~` rte, ~~ 1 v ,1 •- ., Cl; ^~'. ~'~ ~ . ~ ca ., ~ .d' 1 ~Ej~itt ~,; FALASHIA MELIUS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DOUGLAS A. MELIUS, Defendant N0. 01-5380 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of October, 2001, this matter having come before the court on a petition for emergency relief, the relief is granted. Starting this Sunday, October 14, 2001, at noon, the children shall be with each parent on a week on/week off basis, with the mother having this upcoming week stax'ting at noon October 14. The father shall provide all transporCation pending further order of court following a conciliation hearing. Thomas S. Diehl, Esquire For Plaintiff _.__. O,.,eC /U,/L. UI Rebecca R. Hughes, Esquire ~°~" !"~"°^" For Defendant ~,. Sheriff prs ~~ 4~ ~s ~+~ ~i V'(' `~~~ty~ ~~ sz ~~ G f !.~(l 1~ °;~al,'r i -uaur-i~~ ic:.: A .pi FALASHIA MELIUS, Plaintiff V. DOUGLAS A. MELIUS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2001-5380 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this _~~ day of 1 ,L, __, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. __o~, of the Cumberland County Court House, on the o'~9~ day of ,~~,.~. , 200 , at ~"°(5 o'clock, ~. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated October 11, 2001 is hereby vacated. 3. Mother, Falashia Melius and Father, Douglas A. Melius, shall share legal custody of the children, Brianna Hope Melius, born October 28, 1996 and Douglas Dalton Melius, born May 30, 1998. Each parent shall have equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. 4. The parties shall share physical custody of the children on a week on/week off basis from Sunday to Sunday at 12:00 Noon. 5. Transportation shall be shared by the parties such that the parties shall meet at an agreed upon location in the vicinity of the Breezewood Interchange of the Pennsylvania Turnpike. 6. Father shall arrange and pay for a custody evaluation performed by Dr. Arnold Shienvold, Dr. Stanley Schneider or another evaluator agreeable to the parties. IY" _ _____ ~ ~ _ wa~ ~~ Both parties shall cooperate with the custody evaluation and submit themselves, the children and anyone else the evaluator deems necessary for required appointments. 7. The non-custodial parent shall have reasonable telephone contact vrith the children while in the other parent's custody. 8. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the child. 9. The parties shall assure that all guns in the parent's respective residences are always under lock and key while the children are in the home. 10. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent or subsequent Order of Court, the terms of this Order shall control. cc: Thomas S. Diehl, Esquire -Counsel for Mother Rebecca R. Hughes, Esquire -Counsel for Father c /~ `( i rV~j ~i~1~~e~Jl rl!'lC; ~~~41 ice){'1 rl~n.,f }_;'S-'~'`~~i~ 0 ~a vtZ ~~~~~ t'~ :1 t.,, ~L _ii' ~J)` ~~aV I I ;i FALASHIA MELIUS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW DOUGLAS A. MELIUS, N0.2001-5380 CIVIL TERM Defendant . : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who aze the subject of this litigation is as follows: NAME Brianna Hope Melius Douglas Dalton Melius DATE OF BIRTH October 28, 1996 May 30, 1998 CURRENTLY IN CUSTODY OF Shared Shazed 2. A Conciliation Conference was held on October 17, 2001 with the following individuals in attendance: The Mother, Falashia Melius, with her counsel, Thomas S. Diehl, Esquire, and the Father, Douglas A. Melius, with his counsel, Rebecca R. Hughes, Esquire. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley, dated October 11, 2001, providing for shared legal and shared physical custody on a week on/week off basis. Father was to provide all transportation. 4. Mother's position on custody is as follows: Mother is seeking primary physical custody, although she would agree to week on/week off until the older child was set to start school. Mother claims Father moved to Cambria County without prior notice, taking the children without Mother's permission. Mother is willing to submit to a custody evaluation. Mother is willing to share transportation. 5. Father's position on custody is as follows: Father seeks primary physical custody. Father asserts that he was the primary caregiver while the parties lived together; Mother neglected the children. Father is concerned about Mother's emotional stability; 11i, /ln I~ Y ~ Y ~iv'~i ~ .y j!~hi he is fearful of the children's well-being in Mother's custody. Father is willing to pay for a custody evaluation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, vacating the prior Order of Court dated October 11, 2001, granting shared legal and physical custody, and ordering that the parties cooperate with a custody evaluation, which Father agrees to pay for. It is expected that the Hearing will require one day. r~ ,. ~~ - r~ - ~ ~ 1 ~ ~.,~_~y Date qu ine M. Verney, Esquire f1 Custody Conciliator ~7. FALASHIA MELIUS, PLAINTIFF V. DOUGLAS A. MELIUS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5380 CIVIL TERM ORDER OF COURT AND NOW, this ~_day of November, 2001, IT IS ORDERED that the custody hearing currently scheduled for December 27, 2001, IS CANCELLED, and rescheduled for Wednesday, February 6, 2002, at 8:45 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Thomas S. Diehl, Esquire For Plaintiff Rebecca Hughes, Esquire For Defendant :saa l~ -r 'vP''~C~';~~~~1:oi~Iv?,~Tl~ i ~~~t ku ~j ;~. a; ~ i_c, ., 4.~ II{ ;, ~~hl ~, .~/~~` Q FALASHIA MELIUS, PLAINTIFF V. DOUGLAS A. MELIUS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5380 CIVIL TERM ORDER OF COURT AND NOW, this ~ ~ day of April, 2002, IT IS ORDERED that the custody hearing currently scheduled for April 17, 2002, IS CANCELLED, and rescheduled for Thursday, June 6, 2002, at 8:45 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Thomas S. Diehl, Esquire For Plaintiff Rebecca Hughes, Esquire For Defendant U ~QSI~_Ib•dy /" _ " saa ,r ,~ `',~~:,rfi1~lS~li'v~c n ~~ '~ A.~ ~. -„~ ; '. ...vl"k ~. C;~ `"J ,... 1~AY ], aC 20Q~ FALASHIA MELNS, : IN THE COURT OF COMMON LEAS OF :CUMBERLAND COUNTY,PENNSYLV Plaintiff v : No.: 2001-5380 Civil Action -Law DOUGLAS A. MELNS, In Custody Defendant ORDER FOR EMERGENCY RELIEF AND NOW, this day of May, 2002, upon consideration of the attached Petition for Emergency Relief, it is hereby Ordered that a hearing on this matter shall be held on 2002, at o'clock in Courtroom #2, Cumberland County Courthouse, Carlisle, Pennsylvania. Until the above-hearing, custody of the two minor children shall be with the father, Douglas Melius, or until further Order of Court. Dated: BY THE COURT J. 0.5-~~'-t~.~ ~5 to: D~ ~~~ `~ I P ~ ~,:. ~,~-,'~c~ ~~ , <__ ~~ ^dttil~~NN3~ of ~h i.: - :i~~ u. LtL u ~}~ .: ~~ c 4 FALASHIA MELIUS, : IN THE COURT OF COMMON LEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vi. : No.: 2001-5380 Civil Action -Law DOUGLAS A. MELNS, Defendant In Custody PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, Douglas A. Melius, by and through his attorneys, Irwin, McKnight & Hughes, and files this Petition for Emergency Relief making the following statement: The Petitioner is Douglas A. Melius, an adult individual residing at 1026 Station Road, Box 227, Twin Rocks, Pennsylvania 15960. 2. The Respondent is Falashia Melius, an adult individual residing at 10805 Carlisle Pike, Gardners, Pennsylvania 17324. 3. On or about October 24, 2001, an Order was entered in this case pursuant to a conciliation whereby the parties have shared physical custody on a week-on week-off basis for their two (2) minor children, Brianna Hope Melius, born October 28, 1996, and Douglas Dalton Melius, born May 30, 1998. 4. The residence at which the Respondent resides is her parents, Michael Myers and Alberta R. Witmer. A hearing was scheduled in the matter for April 17, 2002; this Honorable Court, due to unforeseen circumstances, was forced to reschedule this hearing for June 6, 2002. 6. Just prior to the April 17, 2002 hearing, the Petitioner reported that the five (5) year old child Brianna returned to the Petitioner after spending a week with the Respondent, with ~' Q m a cut on her lip. The minor child reported that the Respondent's mother, Alberta Witmer, had struck her and caused her lip to split and bleed. On May 7, 2002, after returning to the Petitioner from a week with the Respondent and her parents, the minor child Briana had a large bruise on her back from the Petitioner's mother having struck her while calling the minor child a bitch. 8. Both minor children are increasingly more frightened to return to the Respondent's home due to the maternal grandparent's treatment of them. 9. The Petitioner took the minor children to Children and Youth in his County who are transferring the matter to Cumberland County, however, this transfer will take some time. 10. The caseworker at Children and Youth in Cambria County did suggest that an Emergency Petition be filed with this Court. 11. The children are scheduled to return to their mother's custody on Sunday, May 12, 2002. WHEREFORE, the Petitioner, Douglas A. Melius, respectfully requests that he be granted primary physical custody of the two minor children, Brianna Hope Melius, born October 28, 1996, and Douglas Dalton Melius, born May 30, 1998, until a full hearing on the matter can beheld. Respectfully submitted, cKNIGHT HUGHE Dated/© _~ ~/ ebecca R. Hughes, Esquire Attorney I.D. # 67212 60 West Pomfret Street Carlisle, PA 17013 (717)249-2353 aa~ VERIFICATION The foregoing document on behalf of the Petitioner, Douglas A. Melius, is based upon information which has been gathered by counsel for the Petitioner in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Petitioner's verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Plaintiff to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Rebecca R. Hughes, Esq ire Date: May 10, 2002 ~~ U N w °" v~ ~ 0 v F, f? r; ~ • 'C~(~7 tY as _~ -s- . -r~ u ` ~' ~ ~- ~ -[-. ^` rat - -ic__ w, n c ~ ~ ~ -,7 _ ~' c, ~ .a ,~..u ... .. ,~.a-a,~.a _. ...-_ .. ., ..._ t _ I .._ s.. ~... i L:?a_:'- x SH IFF'S RETURN - OUT OF CO 1 CASE NO: 2001-05380 P 'COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELIUS FALASHIA VS MELIUS DOUGLAS A R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named WITNESS to wit: MYERS MICHAEL but was unable to locate Him deputized the sheriff of ADAMS in his bailiwick. He therefore serve the within SUBPOENA County, Pennsylvania, to On May 23rd 2002 this office was in receipt of the attached return from ADAMS Sheriff's Docketing Out of Co Surcharge Dep Adams Costs: 18.00 inty 9.00 10.00 County 33.52 nn •JG 05/23/2002 REBECCA HUGHES So answers: '~ !°~' R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this -~,u.Q._ day o ~is-(~ .Z A . D . ~~ a. ,~~1 ,oa . ~~ Prothonotar~/ k, «. qF ,.r .v „~ .«~. .,. ate; ~JJ ~~. a.«.., .,.. _ .~ v.,.___ _ _ ~M1- S ~' IFF'S RETURN - OUT OF CO CASE NO: 2001-05380 P • COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELIUS FALASHIA VS MELIUS DOUGLAS A R. Thomas Kl Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named WITNESS to wit: WITMER ALBERTA R but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within SUBPOENA On May 23rd 2002 this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 05/23/2002 REBECCA HUGHES Sworn and subscribed to before me this ~ day of So answer : ~ ~.-- ~ ~ ~,... r R! Thomas Kline Sheriff of Cumberland County o`Lpy.1 . A . D . . ~ , ~'Gu~.e~.- ~ Prothonot ry "~" Now, May 17 , 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. E.~ Sheriff of Cumherland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of _ , . -. CASTS Sworn and subscribed before SERVICE _ me,this day of , 20 MILEAGE _ AFFIDAVIT 20, at o'clock M. served the County, PA ~~ r~~, ~~. ~.~~no~ swtiad ~~ia3Hs zfi Uzi ~i oz xaw teat ®3~i3332~ ~:~, ~,~y Now, May 17, 2.002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of - t._... ~... .. "~l:V.i7T0 Sworn and subscribed before SERVICE $ me this day of , 20_ MILEAGE ..AFFIDAVIT 20, at o'clock M. served the copy of the original County, PA ~0 .,:~..:~=+mvm c..~..s«MP,.uwsoe.w.a.cc~...,.~u.w.~.n W,,.,u. -N. Ir„a.~W :.....,~si,aua .. ...~4.~ ~.. DATE RECEIVED DATE PROCESSED P'~, SHER~'S DEPAR SENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS 8V SHERIFF SERVICE THE SHERIFF" on tl)e reverse of the last (NO.5j copy of this form. Please PROCESS RECEIPT, end AFFIDAVIT OF RETURN type or prln[ legibly, insuring reedabillry of all copies. Do clot detach any coplea. ACED ENV.p 1. PLAINTIFFS/ 2. COURT NUMBER FALASHIA MELIUS 2001-5380 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: DOUGLAS A. MELIUS Subpoena SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Michael Myers and Alberta R. Witmer 8. ADDRESS (Street or RFD, Apartment No., Ciry, Boro, Twp., State and ZIP CODE) AT 10805 Carlisle Pike, Gardners, PA 7. INDICATE UNUSUAL SERVICE: ^ PERSONAL ° PERSON IN CHARGE O DEPUTIZE O CERT. MAIL ° REGISTERED MAIL ° POSTED O OTHER Now, I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according fD law. This deputation being made at the request and risk of the plaintiff. 3HERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sherifl levying upon or attaching any property under within writ may leave same without a watchman, in oustody of whomever is found in possession, after notifying persbn of levy or attachment, without liability on the pan of such deputy or the sherifl to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service an behalf of: ~ 10. TELEPHONE NUMBER 11. DATE Rebecca R. Hu has Es ° PLAI"TIFF (717) 249-2353 g 5 Q' ~7 DEFENDANT arMV uLLVV rVll. VUIG Vr v1lLrlrrn V17CI - VV I~V1 \a O1.1G GLVYe 1171) L11\G 12. I acknowledge receipt of the wnt SIGNATURE of Authorized-ACSD Deputy or CIeEk and Titfe 13.' Date Received 14.7[/ Hearing date or complaint as indicated above. Mav 20, 2002 .10L~ 6, 2002 15. I hereby CERTIFY antl REYURN that I ~ have personally served, ° have served person in charge, ~ have legal evitlenoe of service as shown in "Remarks" (on reverse) ^ have posted the above descrlbed property with the writ or complalnt described on the individual, company, corporation, etc., at the atltlress shown above or on the individual, company, corporation, etc., at the address insertetl below by hantling/or Poslinga TRUE and ATTESTED COPY therof. 16. ° I heebv cert%v and return a NOT FOUND because I am unable to locate the individual. comoanv. corooretan. etc.. named above. (See remarks below) 17. Name end title of individual served ~ te. A lalrson at suitable age and discretion Read Order Michael M ers & Alberta R. Witmer each served ersonall P,~oe1tl1a;;a o derendanrsasaal ~ 79. Adtlress of where sefvetl (complete only if different than shown above) (Street or RFD, Apartment No., Ciry, Boro, Twp., 20. Date of Service 21. Time State and ZIP CQDE) REMARKS: Both Michael Myers & Alberta R. Witter refused to accept 5/20/2002 8:35PM service. 11Tey were advised of the contents of the subpoenas & 22. ATTEMPTS Data Mlles Dep,InL Date "Mlles Oep.lnt. Date Mlles '.Int. Date Mlles Dap.lnt. Date Mllea Dep.lnt. 23. Advance Costs 24. 25. 28. 27. Total Costs 2a. C19SftffifA1Cpl~REFUND 10.00 Fm.Atty. X2380 $33.52 Pd. 5/2]:/02- $116.48 Ck. #7387 $1' ER. AFFIRMED and subecrlbed to before me this ~ A /~yryM~ Iry Dap. 31Nraq (PIeaN Print or Type) Data Cind Vinton 5/20/2002 day or RAYMONDi~n+lamreNEshWMA1V Da5/20/2002 PMf+u+otarYRlePabmctarY PuDIN SHERIFF OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. PROT9i0NOTARY a'/~ { ) {t)The fires.:. SHERIFF'S RETURN OF SERVICE the within named uoon defendant by mailing to a true and attested Dopy thereof at The return receipt signed by _ defendant on the ___,__ _ made a part of this retiurn. (2) Qaatside the Commonwealth, pursuant to Pa. and attested. Dopy thereof at __ ______ R.c.P. aos {a) (~) (z), by mailing a true in the following manner: ( ) (a} to the defendant lay ( ) registered { ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned tdOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused t,o accept the same. 'the returned receipt and envelope is attached hereto anq made a part of this return. And thereafter: ( ) {b) To the defendant by ordinary matt addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the _ I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of maiiing. (3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in tho County of Adams; Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for ____ successive weeks of ___ __ The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. (4) By mailing to__ _ by _mail, return receipt requested, postage prepaid, on the _ a true and attested copy thereof at The returned by the Postal Authorities marked is hereto attached. ( ) (5) Other _ mail, return receipt requested, postage on the is hereto attached and ..~.:.ea.c4~"v::Ikd:~"r~"&`«~'@iari '~iy. ,n.3.En-.h y"~:-:. .wit Kr~o-wa s.wvec: I DATE RECEIVED , ~, ~- 'f ~~ ` SHER~~'S DEPAR ' ENT ADAMS COUNTY, PENNSYLVANIA COURTMOU$E, GE7TYSBURG; PA 1'7325 DATE PROCESSED INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of the last (NO.5) copyof this farm. Please PROCESS RECEIPT, end AFFIDAVIT OF RETURN tYPe or print legibly, insuring readability of all copies. Do not detach any copies. ACSD ENV.M 1. PLAINTIFFIS/ 2. COURT NUMBER i.`F1e~.e~s4~.1i~ t'`trLu' I.JJ 2i3~~i"i ~~J:' 3. DEFENDANT/S/ - 4: TYPE OF WRIT OR COMPlA1NT: 6. ADDRESS (Sheet or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT IUd(}5 Cas°1xsYe Pike; ~srs::taars, ~'C~ 7. INDICATE UNUSUAL SERVICE: O PERSONAL O PERSON IN CHARGE ^ DEPUTIZE O CERT. MAIL O REGISTERED MAIL O POSTED ^ OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sfieriff of County to execute this Writ and make return therdf according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT-OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriR lerying'upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of lery o{ attachment, without liability on the pan bf such tleputy or the sherih to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. - ." ' 9. SIGNATURE.of ATTORNEY or other ORIGINATOR rsquesting.service_oo-behalF of: ~ 10. TELEPHONENl1MBER 11. DATE _ i\rr~l'.C.if I[,„ CP~#~C?2:a - ^ RLAINTI~F- e - _ , .~l DEFENDANT - 12. 1 acknowledge redelpt of the Writ: Authbcized Clerk Received - 14. " ' /Hearing or complalnLas indicated is?;:v e"l~t. 2UU2 .fUf~E 6m 2fyS< tlate 15. I hereby CERTIFY and RETURN that I ~ have personallyserved, ~. have served person in charge, O have legal evidence of seryi6e as shown in "Remarks" (on reverse) ^ have posted the above describetl property with the writ or complaint described on the individual,'company,-corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted 1)elpw by handinglor Posting a TRUE and ATTESTED COPY therof. -_ 16. C7 I hereby certify antl return a NOT FOUND because.) am unable to locate the individual, company, rgrporetion, etc., named above. (See remarks below) 17. Name and title df individual served 19. A person of euiteble:age ana aieRetion Read Order - - - inert resking.in the ilefentlanl's usual - i 3~ P ~ ~. _ _ ..-t_k a• --d - - Plaoa of(epaga: ^ ~ " 19. Address of where served (complete only if different than shown atiove) (Street or RFD, Apartment.NO., City, Bbro, Twp., 20. Date of Service 21. Time State and ZIP CODE) - - fAS; flogs t~iets~ei Myecs & A]lbez•ts ft. k7itarfeT reftased f:o-acc€Pt ;,r 1~ rL0's' %,a~; Y= ._ serviee. '[tiey uaer~ sds,~ls~1( of the cont;eaats of tETe .stfb~csas _ 22. ATTEMRTS Date Miles - Dsp.int. Date Mlles Dep.lnt. DataMlles .,'pant. -Date Mlles Dep.int. -Date Miles Dep.lnt. 23. Advance Costs 24. 25. 26. - 27. Total Costs 28. 94~RRt~fRa: REFUND _ ~15i}oC~3 ~®.ALty, ~^ tk 33.52 Pc" "' ~21 CJ~ ".31~,.&~3 C<_ ~r%w<;7 _ _ - "" _ .~ R~b"AN$WER. . AFFIRMED and suhscribetl to beforeme this" - ` ~ ~ - ~~ - . _ - -. - - - " .gyr' gPnn`r 6r TYPa) - - Dete daY of - - . n j ~"a`" "n. . ~ y-. ~1?rv' 9% ~. - - 9 I Ig~feture of c ~` - Date noterya)epuryMptery Public - " - - ~ ° ~BH~RIF~~F ~S r- - OUNTY ~:~ MY COMMYSSI :BCP,IRES - - ,., rtes. - I ACIOJOWCE EIPT OF THE SHERIFF'S RETURN"SIGNATURE ~~ ~= e-' '~ 39. Date Received OF AUTHORIZED f G AUTHORITY'AND TITLE., ,. SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD i.'f2Ci?801. C'~SJE'Y':> 8.1.`~r,i Ue14 L_s S'~. bdl ~I:iL'i: above. SIGNATDREdf ACSD"Deputy or and Title' " 13. Date ..,y,~ ( ) { i }The within tihIFF'~ ~iETl1R~J CF SERVICE the within named defendant by rr~afiing to a true and attesteei copy thereof at mail, return receipt requested, postage 'The ¢~e~.axrn reee=pt sigut~sd by defendant or; the _ _ made a.part of this return. "---- - - - - --- { 2) Gaatslde five CommonweaitYa, pursuant #a Pa. R.C.P. 405 {c} and attested copy thereat at _ _ --- In the tot€s~wing aaoanner: } (a) t~ the ta;;f~w~zBda'~at by d } .egisterad ( ) certified mail, return receipt requested, pristage prepaid, =ar,drassee only on the -- _ -_- -- saki receipt kre=:r=c~ ;*iurna~d Ni~T signed by deifendant, but with a natation by the postal Authorities that i~efanc?ant r;zfusa:d t ;accept the same, The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ) {b) s=a aiye deter~,da3'pt brr ordinar~f mail addressed to defendant at same address, with the return address o'I the ~lyeriff appearing thereon, on the ._ - ~_-- l further erertlfy that after fi4teen {15} days from the mailing data, l have not received said ervelope back 36•om the Postal Authorities. A certificate of maifng is hereto attached as a proof of matting, { 3 } By publication l,r~ the Adams County E.egal Journal, a weekly publication of general circulation in the County of Adams;. Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper puir?is?fed ;n the County of Adam;>, Commonwealth of Pennsylvania and having genera? circulation i~; said County for---------_----- - successlve weeks of ___ _________ __ _______ __ __ The Affidavits from said Adanas County Legal Journal and Gettysburg Times, are hereto attached and made part at this return. { 4 } By mailing to__-__--- -- by mail, return receipt requested, postage prepaid, a true and attested copy thereof at on the _ The Authorities marked is hereto attached. { 5) other is hereto attached and {1) {2}, by mailing a true i by the Postal DRTE RECEIVED . DATE PROCESSED ~f ~~ SHER F'S DEPAR E1~T - ADAMS COUNTY, PENNSYLVANIA COURTHOUSE', GETTYS®URG, PA 17325 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PpOCESS BV SHERIFF SERVICE THE SHERIFF" on the revese of the lest (No. 5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN tYPe or print legibty, insuring reatlebility of all copies. Do not detach any copies. ACSD ENV.A 1. PLAINTIFF/S/ 2. COURT NUMBER tam"k5~~ t~iE:1,,lUa 2t~t1k-5380 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: 1.1[3tj a'.i3>v :~. i'fCL1.i~.S .itlLiy30EtTa SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. F~sicir<3e1 i`'fyet':; am3 ?t3F~'eia R. ;~i~fter 8. ADDRESS (51reet or RFD, Apartment No., Ciry, Boro, Twp., State antl ZIP CODE) AT 3~5 rl~.'~le ~S;tCG, '~C,Y`~A~is, Y~ 7. INDICATE UNUSUAL SERVICE: ^ PERSONAL O PERSON IN CHARGE O DEPUTIZE ^ CERT. MAIL ^ REGISTERED MAIL O POSTED ~ OTHER Now, , I, SHERIFF OF ADAMu COUNTY, PA., do hereby deputiie-the Sheriff of County to' execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRR OF EXECUTION: N.B. WAIVER OF WATCNMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in dustody of whomever is found in possession, after nptitying Person of levy or attachment without liability on the pert of such tlepuTy or the sheriff to any plaintiN herein for any-loss, destruction or removal df any such property before'sheriff's sale thereof. 9. SIGNATURE of.ATTOANEY or other ORIGINATOR requesting service on behalf of: 10. TELIlEPHONE NUMBEp tt. DATE -.c(~CCz7 }.~. i£UP,~iTOSt '~. - - ^ PLAINTIFF -~~~~r 1,/atJ`"~~,.:±3,~a X7 pEFENDANT 12. I acknowledge-receipt di the wfrt I "SIGNATURE ofAUthoriidd ACSD Deputy or Clerk and Title ~ 13. liate'Receivtid 14 /Hearing date or complaint as.indicatetl above. iy. ~. , ' 18jr ~~y ,~vt~t .llbi#fs ~} ~~~ 15. I hereby CERTIFY and RETURN that I~ have personally served, ^ have served person in charge, ^ have legal evidence of servi'de as shown in "Remarks" (on reverse) ^ have posted the above described property with the writ or complaint descnbed on the intlividuai, company, corporation, etc., at the address shown above or on the individual, company, dorporetlon, etc., at the adGrees inserted below'by handing/or Poeting s~SRUE and ATTESTED COPY tHerof. - 16. ^ I hereby certiN and return a NOT FOUND because I am unable to locate the individual, CemDanv. corooration, etc., named above. (See remarks belowl 17. Name and ti0e Of individual servetl 1a. A pgrson of suitable age and dixration Read Order ,. - ~ - T'l1~,~Cl 1W £'T'Sr-uc :`1L~C'L"t'.23 '~.'~17. t.1i1G'k G=~3~t- ~ - ~~ - S',r'L 4~~.7 ~"i.".>c?i~~~.l- - then residing in the deleodanl's usual place aYlefode..^ -'- ^ 19. Address of where served (complete only if tlifferent than shown above) (Street or RFD, Apartment No., Ciry, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) ~i~1RtdSe 8otkt Michael. Afyers & Alberta t~. ifitR~r reftasccl to accept ' 51L~id2u,,,n , ~" service. r mere advised ~sf the er~nte~ts of ttre su s & 22. ATTEMPTS pate Miles Dap.IM. Date Miles Dep.lnt. Date Mlles .Int. Date Miles Dep.Mt. Date MNes Dep.lnt. 23. Advance Costs f3 f7Cf 1~s Att 24. ~2~i 25. 28. 27. Total Costs 28. 0~.'G®610A REFUND ` , . y> i~3:3.52 ;?:~. 51Z1/L12 ];.4;_.] ;iil~r.~8 Cep. ; .,.,~ ,.,..,.~. SO ANSWER. AFFIRMED and subscribed to before:me Mrs i'I ~+ ' - - '~ ~ - - - - _ _ -.. ._ By . r,srne - . 9herm7 t r1r14 Pr TyPS) - Dete day of n. Git~i V is `o'ff: ` 5/Li1/,- ..7~ ,tature of '~ S, , h-r " M~ Dafe p ~ _ > _ ~ ~ othonotaryNeputyMdery Public q ~'. ~BFI~RIFF OF ~S COUNTY, ` MV COMMI IXPIRE - , ~~ 1 ACKNOWLE EIPT OF THE SHERIFF'S RETURN SIGNATURE 4,A ~; :, ~ ,^" 39. Date Received OF AUTHORIZED 6 AUTHORITY AND TITLE. ty~„`~, _, - %~ ~~,R>. SHERIFF'S RETURIJ OF SERVICE { ) (1) The defendant by mailing to the within named prepaid, i _ a true and' attested copy thereof at ~~ ) The return receipt signed by _ defendant on ttse _ made a part of this return. (2) Outside the'Commonwealth, pursuant to Pa. R:C.P. 405 (c) and ~ttested'copy thereof at in the followving manner: ( ) (a) to the defendant by ( ) registered ( )certified mail, return receip4 requested, postage prepaid, addressee only on the _ _ said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. 'ihe returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I fuither' certify that after fifteen (15) days from the mailing da#e, l have hot received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. (3) By publication tit the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and3he Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for _ successive weeks of _ _ The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. (4) By mailing to by -mail, return receipt requested, postage prepaid, . on the _ a true and attested ropy thereof at Authorities market is hereto attached. ( ) (5) by the Postal is hereto attached and (t) (2), by mailing a true mail, return receipt requested, postage ithe 1 t FALASHIA MELIUS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. DOUGLAS A. MELIUS, DEFENDANT 01-5380 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this ~ day of June, 2002, IT IS ORDERED: (1) The interim order of October 11, 2001, is vacated and replaced with this order. (2) Douglas A. Melius and Falashia Melius shall have joint legal custody of Brianna Melius, born October 28, 1996 and Douglas Melius, born May 30, 1998. (3) The father shall have primary physical custody of the children. (4) The mother shall have temporary physical custody of the children as follows: (a) In the summer of 2002, during alternate weeks. (b) During the school year, every Friday evening to Sunday evening, to extend to Monday evening if Monday is a school holiday and a work holiday for the mother. (c) During summers after 2002, for three consecutive weeks starting on the first Sunday of the school summer vacation. After two consecutive weeks with the father, the mother shall have another three consecutive weeks. 3a 01-5380 CIVIL TERM (d) Each Thanksgiving from 3:00 p.m. on Thanksgiving Day through the evening of the day before school starts. (e) Each Christmas from 5:00 p.m. Christmas Day until the evening of December 30'". (f) The parents shall meet halfway to effect changes in custody. By the Gourt ,-_ e."r ~ Edgar B. Bayley, J. rThomas S. Diehl, Esquire For Plaintiff ~ebecca R. Hughes, Esquire For Defendant :saa C_ ~~ S . ~;..::.:.. siH9ei5LeYiF~:.G:.ie~ tsw i:, .euu xiVnWld'f' .. y.: .vcs.w~ m...®m ..,, ~r ~; /~"i ~ ~ l~~~lt 1~ l~i~-[m( ~J f~l , ~ u ~ ~ , FALASHIA MELIUS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. DOUGLAS A. MELIUS, DEFENDANT 01-5380 CIVIL TERM IN RE: CUSTODY OPINION AND ORDER OF COURT Bayley, J., June 18, 2002:-- Falashia Melius, age 25, and Douglas Melius, age 37, were married on September 27, 1996. They are the parents of Brianna Melius, age 5, born October 28, 1996, and Douglas Melius, age 4, born May 30,1998. The parents separated on August 15, 2000. The father, who was previously married, has a daughter, Hailey, age 10, born November 17, 1991. The father has had custody of Hailey since 1992. Hailey's mother has not been involved in her life for the last several years. On August 15, 2001, the father took Brianna, Douglas and Hailey to live at his mother's home in Twin Rocks, Cambria County, Pennsylvania. The mother instituted this complaint for custody on September 14, 2001. She filed a petition for emergency relief, which was heard on October 11, 2001, and resulted in an interim order that provides: Starting this Sunday, October 14, 2001, at noon, the children shall be with each parent on aweek on/week off basis, with the mother having this upcoming week starting at noon October 14. The father shall provide all transportation pending further order of court following a conciliation hearing. 3~ 01-5380 CIVIL TERM After one transfer of Brianna and Douglas under this order, the mother made a private agreement with the father that she would meet him halfway to effectuate the changes in custody. The parties have followed that arrangement to date. Brianna will be starting kindergarten in the fall of 2002, and Douglas will be starting kindergarten in the fall of 2003. The week on week off shared schedule will not work once Brianna starts kindergarten. Both parents seek primary physical custody. A hearing was conducted on June 6, 2002. Until their separation, the mother and father lived in a home he owned in Newville, Cumberland County. The father and mother worked different shifts which afforded them little time to spend together. The mother worked a 2:00 p.m. to 11:00 p.m. shift six to seven days a week at a Texaco station in Carlisle. She earned $7.50 an hour. Since 1989, the father worked in a cold storage warehouse of a Giant Foods Distribution Center in Carlisle between 5:30 a.m. to 2:00 p.m. He earned $17.00 per hour. The parents did not have the children in daycare because their work schedules allowed one of them to be with the children most of the time. The mother's parents live in Gardners, Adams County, and they rarely took care of the children. The father's mother (his father is deceased) lives in Twin Rocks, Cambria County, and she developed a closer relationship with the children. The paternal grandmother visited in the parents' home for several days two or three times a month. The parents and children visited her in Twin Rocks at least once a month. The father wanted to transfer to a different type of job to protect his health. The -2- ~J~ 01-5380 CIVIL TERM work in a cold storage facility resulted in his suffering from pulmonary asthma. He also has a back problem as his job involved heavy lifting. He learned of the possibility of transferring his employment to Martins Foods, a division of Giant Foods, located near Twin Rocks. The father testified that he and the mother decided to move, and he arranged a job transfer to Martins Foods. The paternal grandmother offered to have the family move into her thirteen-room home until "they got on their feet." The father and his mother testified that when she learned that the family would be moving to her home, she got bedrooms ready and made other adjustments to receive them. The mother had always wanted to go to college, and the father suggested that she could attend a community college in Twin Rocks that offered courses at $60 per credit. The mother testified that she discussed moving to Twin Rocks with the father, but never made a commitment to move. The father testified that after he committed to transfer his employment, the mother said that she would not move, and told him "it was over." He then moved with just the children. A few days after the he left, the mother moved into the home of her parents. The mother made no immediate effort to see Brianna or Douglas, nor did she call them. The next time the father heard from the mother was after she received the custody complaint. The mother acknowledged that after the father moved, she never called the children or saw them until the order of October 11, 2001 was entered. After the separation, both parents faced serious financial difficulties. The mortgage on the father's home in Newville was foreclosed, and a car the mother had -3- J~ D D 01-5380 CIVIL TERM been driving was repossessed. They both went into bankruptcy. The father's job with Martins Foods is from 6:00 a.m. to 2:30 p.m., with days off on Sundays and Wednesdays. He now earns $11.45 per hour because he is not receiving the premium pay for working in the cold storage facility. The grandmother does not work outside of the home. She cares for the children when the father is at work and she drives the children where they need to go. Brianna goes to pre-school in Twin Rocks. The pre-school is in the same school building where she will attend kindergarten if she lives with the father in the fall of 2002. {f the children live with the father, Douglas will go to the same pre-school that Brianna is now attending. Since October 1, 2001, the mother works as a data processor at the Giant Foods corporate office in Carlisle. She works weekdays 7:30 a.m. to 4:00 p.m. On May 22, 2002, she moved into athree-bedroom home in Gardners on a one-year lease. This home is about aten-minute drive from her parents' home. Currently, on workdays when she has Brianna and Douglas, she gets up at 6:00 a.m. makes breakfast, and has someone drive the children to her parents' home. She picks them up after she finishes her work at 4:00 p.m., and takes them home. She testified that she has made arrangements with a childcare facility if she has Brianna and Douglas during the school year. The father testified that the mother, who has a thyroid problem, is very emotional, and hyperactive. She has threatened suicide on several occasions (her uncle committed suicide), sometimes in front of the children. The father has wanted her -4- J1 01-5380 CIVIL TERM to undertake some counseling, but she has never done so, although she does take some medications prescribed by her family doctor. The mother did not challenge this testimony. The father testified that the mother had difficulty with Hailey, and was mean to her on many occasions when they lived in Newville. The mother acknowledged that at times, she did get mad at Hailey. She testified that during the early part of her marriage Hailey°s mother was still around, and she did not trust her husband and his former wife. She testified that it was hard for her to accept that he had a child with another woman. In the spring of this year, the father started seeing marks on the children when they returned from their weekly periods of custody with the mother. Brianna told him that the maternal grandparents were striking her and Douglas when the mother was at work. The father took Brianna and Douglas to the Cambria County Children and Youth Service Agency on May 8, 2002. An agency worker interviewed both children. Brianna gave a statement of abuse by her grandparents which resulted in a referral to the Adams County Youth Service Agency. Without talking to the mother, the Adams County Youth Service Agency notified her in the latter part of May that the allegations were unfounded. The agency worker in Cambria County testified that she visited the home of the father in Twin Rocks. She talked to Hailey. She felt that all of the children have excellent interaction with the father, and that he is a caring parent. She recommended that the father obtain some counseling for Brianna. He followed this recommendation, -5- ~~ 01-5380 CIVIL TERM and he also participates in counseling with Hailey. DISC_ USSIOPI The ultimate issue in a custody contest between parents is what is in the best interest of the children. Robinson v. Robinson, 538 Pa. 52 (1994). Under Beers v. Beers, 710 A.2d 1206 (Pa. Super. 1998), because the geographical distance between the father living in Cambria County and the mother living in Cumberland County will be significant enough that it will alter the relationship between the non-custodial parent and the children, it is necessary to analyze the evidence utilizing the factors set forth in Gruber v. Gruber, 400 Pa. Super. 174 (1990). Those factors are: 1, the potential advantages of the proposed move and the likelihood that the move would substantially improve the quality of life for the custodial parent and the children and is not the result of a momentary whim on the part of the custodial parent; 2. the integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it; 3. the availability of realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodial parent. In Beers, the Superior Court stated that it has consistently held that Gruber "refines upon, but does not alter the basic and determinative inquiry as to the direction in which the best interests of the child lie." As to the first Gruber factor, the Superior Court stated in Anderson v. McVay, 743 A.2d 472 (Pa. Super. 1999): A court need not consider only economic benefits when determining whether relocation substantially improves the quality of life of the parent.... Rather, "when the move will significantly improve the general quality of {ife for the custodial parent, indirect benefits flow to the children with whom they reside." This is because "the best interests of the -6- ~~ 01-5380 CIVIL TERM child are more closely aligned with the interest and quality of life of the custodial parent...." [T]here is no need ... to show an independent benefit, apart from that of [the moving parry], flowing to the children because of the relocation. [See] Zalenko v. White, 701 A.2d 227, 229 (Pa. Super. 1997). (Other citations omitted.) In Ferdinand v. Ferdinand, 763 A.2d 820 (Pa. Super. 2000), the Superior Court reversed an order of the trial court denying a mother's petition to relocate where non- economic improvements in the mother's quality of life and happiness would inure to the benefit of the children. See also, Burkholder v. Burkholder, 790 A.2d 1053 (Pa. Super. 2002). In the present case, the father and mother have been equal caretakers of Brianna and Douglas. When the parents were working different shifts, with the mother sometimes working seven days a week, they had little family discourse. They had serious financial difficulties. The father's health necessitated his obtaining work other than in a cold storage facility, even at a reduced wage. We believe his testimony that the mother initially agreed to move to Twin Rocks with him, and that after he obtained a transfer of employment she decided to end their marriage. Under the circumstances, the advantages of his then moving to Cambria County, where there is a more stable environment for himself and the children, has substantially improved the quality of the his life, and the life of Brianna, Douglas and Hailey. The father's motives were sound. His move was not the result of a momentary whim. Because the mother changed her mind about moving, she now seeks primary physical custody of Brianna and Douglas. The mother has never had a close -7- `~ 01-5380 CIVIL TERM relationship with Hailey. Her resentment of Hailey reflects her immaturity. Brianna and Douglas have lived with Hailey their entire lives. In Wiskoski v. Wiskoski, 427 Pa. Super. 531 (1993), the Superior Court of Pennsylvania stated: Absent compelling reasons to the contrary, it is the policy of this Commonwealth that siblings should be raised together whenever possible. Piton v. Piton, 342 Pa.Super. 52, 492 A.2d 59 (1985). "This factor is not diluted by the fact that the children involved are half bothers and sisters." In re Davis, 502 Pa. 110, 124, 465 A.2d 614, 621 (1983). While this factor cannot be elevated automatically above all other factors, it must be weighed in conjunction with the others. Id. (Emphasis added.) "Good reasons are not necessarily "compelling" reasons for disrupting the integrity of a family unit. Piton v. Piton, supra. "In defining the phrase 'compelling reasons' this court has said that the evidence must indicate that is was `necessary' to separate the children, and the evidence was 'forceful' in this regard." Cyran v. Cyran, 389 Pa.Super. 128, 132, 566 A.2d 878, 880 (1989), citing Albright v. Commonwealth ex rel. Fetters, 491 Pa. 320, 421 A.2d 157 (1980). Absent compelling reasons, "the children should be raised together in one household, for this permits the continuity and stability necessary for a young child's development." Piton v. Piton, supra, 342 Pa.Super. at 56, 492 A.2d at 60. Considering all of the evidence, we are satisfied that there is more stability for Brianna and Douglas living with their father, grandmother and Hailey in Twin Rocks than there would be in living in their mother's home in Gardners. It is in the best interest of the children that they continue to live with their father. We can fashion an order that will provide realistic meaningful periods of temporary physical custody for the mother that will adequately foster her ongoing relationship with Brianna and Douglas. Accordingly, the following order is entered. -8- `1"p 01-5380 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of June, 2002, IT IS ORDERED: (1) The interim order of October 11, 2001, is vacated and replaced with this order. (2) Douglas A. Melius and Falashia Melius shall have joint legal custody of Brianna Melius, born October 28, 1996 and Douglas Melius, born May 30, 1998. (3) The father shall have primary physical custody of the children. (4) The mother shall have temporary physical custody of the children as follows: (a) In the summer of 2002, during alternate weeks. (b) During the school year, every Friday evening to Sunday evening, to extend to Monday evening if Monday is a school holiday and a work holiday for the mother. (c) During summers after 2002, for three consecutive weeks starting on the first Sunday of the school summer vacation. After two consecutive weeks with the father, the mother shall have another three consecutive weeks. (d) Each Thanksgiving from 3:00 p.m. on Thanksgiving Day through the evening of the day before school starts. (e) Each Christmas from 5:00 p.m. Christmas Day until the evening of December 30th. (f) The parents shall meet halfway to effect changes in custody. -9- ~~ 01-5380 CIVIL TERM Thomas S. Diehl, Esquire For Plaintiff Rebecca R. Hughes, Esquire For Defendant saa -10- By the Edgar B. ~'ayley, J. ~~ I~ t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FALASHIA MELIUS CIVIL ACTION - LAW vs, NO. 01-5380 CIVIL TERM DOUGLAS A. MELIUS ACTION IN CUSTODY NOTICE OF APPEAL Notice is hereby given that Falashia Melius, Plaintiff, above named, hereby appeals to the Superior Court of Pennsylvania from the order entered in this matter on the 18th day of June, 2002. This order has been entered in the docket as evidenced by the attached docket entry. TE ~/~~/~.~ DATE EDWARD R. LeCATES, ESQ. Attorney for Plaintiff/Appellant I.D. No. 07465 39 East King Street Second Floor York, Pennsylvania 17401 (717) 843-0675 1 / /~ /r ,~ MICHAEL F. FBNTON; ESQ. Attorney for Plaintiff/Appellant I.D. No. 53985 149 East Market Street Second Floor York, Pennsylvania 17401 ~f-~- n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FALASHIA MELIUS CIVIL ACTION - LAW vs. NO. 01-5380 CIVIL TERM DOUGLAS A. MELIUS ACTION IN CUSTODY ORDER FOR TRANSCRIPT A Notice of Appeal having been filed in this matter, the official court reporter is hereby ordered to produce, certify and file the transcript in this matter in conformity with Rule 1922 of the Pennsylvania Rule of Appellate Procedure. 7 E ~~/7~02 DATE ~i~ ~~ ~) C~J /d ~ EDWARD R. LeCATES; ESQ. Attorney for Defendant/Appellant I.D. No. 07465 11 East Market Street Third Floor York, Pennsylvania 17401 (717) 843-0675 I HAEL F. F~NTO , ESQ. Attorney for Plaintiff/Appellant I.D. No. 53985 149 East Market Street Second Floor York, Pennsylvania 17401 Iv PYS510 Cumbe and County Prothonotary i il C 's: fice Page v ase Inquiry ^ 2001-05380 MELIUS FALASHIA (vs) MELIUS DOUGLAS A Reference No..: Case Type.....: COMPLAINT - CUSTODY Jud t Filed........: Time.........: 9/14/2001 3:43 gmen ..... .00 Judge Assigned: Execution Date 0/00/0000 Disposed Desc.: ---~-------- Case Com t Jury Trial.... Disposed Date. 0/00/0000 men s - ------ Higher Crt 1.: Higher Crt 2.: ~:r**~******************************~**********************~*************~*****~> General Index Attorney Info MELIUS FALASHIA PLAINTIFF DIEHL THOMAS S 1O8p5 CARLISLE PIKE GARDNERS PA 17324 MELIUS DOUGLAS A DEFENDANT PO $OX 227 STATION ROA D TEIN PEAKS PA 19560 ****#****it :k************9t :Fir*:k****#~***~F****:F********k:Y**********~t *+F it eF***ir**~t*#***Y * Date Entries ~ ~,r*:r+r,r,r,e**~,t,t,t*,t,t,t,t,t~~:t~*,t,i,r,r~x,trt,t*,~,~*~,t~-:~~c,~,r,tW+tt~,~:~~**,~,r:r*:rr~t,~,~,~,~:~~r:~~rx~t:t***,~,~,~d - - - FIRST ENTRY - - - - - - - - - - - - - - 9/14/2001 COMPLAINT - CUSTODY ---- -------------------------------------------------------- 9/14/2001 PETITION FOR EMERGENCY RELIEF - BY THOMAS S DIEHL ESQ ------------------------------------------------------------------- 9/19/2001 ORDER OF COURT - DATED 9/19/01 - IN RE COMPLAINT FOR CUSTODY - HEARING AT 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE PA AT 1:30 PM FOR THE; COURT JACQUELINE M VERNEY ESQ FOR CUSTODY CONCILIATOR COPIES MAILED 9/19/01 ------------------------------------------------------------------- 9/19/2001 ORDER OF COURT - DATED 9/19/01 - IN RE PETITION FOR EMERGENCY COPIES MAILEDI9/20%91/01 9:30 AM CR 2 - BY EDGAR B BAYLEY J - ------------------------------------------------------------------- 9/26/2001 ORDER OF COURT - DATED 9/26/01 - IN RE AGREEMENT OF COUNSEL HE RING FOR SPECIAL RELIEF IN THE ABOVE REFERENCED MATTER SET FOR 9/2701 AT 9:30 AM HAS BEEN RESCHEDULED FOR 10/11/Ol AT 1:30 PM IN CR 2 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 9/26/01 ----------------------------------------------------------- ------- 10/1$/2001 ORDER OF COURT - DATED 10/11/O1 - THIS MATTER HAVING COME BEFORE THE COURT ON A PETITION FOR EEMERGENCY RELIEF THE RELIEF IS GRANTED STARTING THIS SUNDAY 10 14/01 AT NOON THE CHILDREN SHALL BEE WITH EACH PARENT ON WEEK ON/ EEK OFF BASIS WITH THE MOTHER HAVING THIS UPCOMING WEEK STATING AT NOON 10 14 THE FATHER SHALL PROVID ALL TRANSPORTATION PENDING FURTHER O DER OF COURT FOLLOWING A CONCILIATION HEARING -BY THE COURT EDGAR B BAYLEY J COPIES MAILED ----------I-~-------------------------------------------------------- 10/24/2001 CUDA~ED 10/24C/LTN0ITIOA HEARINGNIS SCMEDULEDEINRCRA2DOFRDEHE OF COURT EDGAR BL BAYLEY JYCOPIESHMAILEDN102/~3%p01 AT 8:45 AM - BY THE COURT ------------------------------------------------------------------- 11/27/2001 ORDER OF COURT - DATED 11 ?.7/01 - IT IS ORDERED THAT THE CUSTODY HEARING CURRENTLY S HEDUL FOR 12/27/01 IS CANCELLED AND RESCHEDULED FOR 2 6 02 AT 8:45 AM IN CR 2 CUMBERLAND COUNTY COURTHOUSE AT 8:45 IN CR 2 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/27/01 ------------------------------------------------------------------- 4/16/2002 ORDER OF COURT - DATED 4/15/02 - T IS ORDERED THAT THE CUSTODY HEARING CURRENTLY SCHEDULED FOR 4317/02 IS CANCELLED AND RESCHEDULED FOR 6/6/02 AT 8:45 IN CR 2 CUMBERLAND COUNTY COURTHOUSE ~ARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 4/16 02 ------------------------------------------------------------------- 5/10/2002 PETITION FOR SPECIAL RELIEF - BY REBECCA HUGHES ESQ \ ------------------/------------------------------------------------- 5/15/2002 DENIED -DABTYEDHE/COURT EDGAR BEBAYLEY JOCOPI~ESGMAILEDE53E5/02 ------------------------------------------------------------------- 5/23/2002 SHERIFF'S FILE RETURNED FILED. - I` PYS510 Cumbe. and County Prothonotary's,-, fice Page ivil Case Inquiry - 2001-05380 MELIUS FALASHIA (vs) MELIUS DOUGLAS A Reference No..: Filed........: 9/14/2001 Case Ty e.....: COMPLAINT - CUSTODY Time.........: 3:43 Judgmen~..... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: Case Ty e: SUBPOENA Ret Type.: Out of County Litigan~.: MYERS MICHAEL Add ess..: 10805 CARLISLE PIKE - SERVED 5/2002 REFUSED SERVICE Cty~St/Zp: GARDNERS, PA 17324 SUBPOENAS W RE LEFT WITH DEFTS County Nm: ADAMS Costsate: $~0?522Pd2By: REBECCA HUGHES 05/23/2002 -------------------------------- -------------------------- 5/23/2002 SHERIFF'S FILE RETURNED FILED. Case T pe: SUBPOENA Ret Type.: Out of County Address~.i 10805RCARLISLE PIKE -SERVED 5/20/02 REFUSED SERVICE y/St/Zp: GARDNERS, PA 17324 OF SUBPOENAS -LEFT WITH DEFTS RetnDatem: 053/2002 Costs....: $16.00 Pd By: REBECCA HUGHES 05/23/2002 6/18/2002 OPINION AND ORDER OF COURT - DATED 6 18 02 - N RE CUSTODY - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 6/1802 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information * Fees & Debits Be Bal P mts/Ad' End Bal *****~F ~r************~:***********f4 W 1: iF iF:F~F:F*:44:F*:F***~*****1t ~t iY***'k*!t*****1t*iF ;F +Y i'1r*~r**Y CUSTODY AGMT 85.00 85.00 .00 TAX ON F.GMT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 CUSTODY FEE 4.00 4.00 .00 CUSTODY FEE-CO 1.00 1.00 .00 JCP FEE 5.00 5.00 .00 SPEC RELIEF CUS 50.00 50.00 .00 SPEC RELIEF CUS 50.00 50.00 .00 200.50 200.50 .00 *******************'*****:Yit*~t'k******"k*'**'**:k**~l'*tY*'k*:ke1'****it~t**:k *':F***'***tF :k******#'*i * End of Case Information '' ********************************,t**********************************************~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FALASHIA MELIUS CIVIL ACTION - LAW vS. NO. 01-5380 CIVIL TERM DOUGLAS A. MELIUS ACTION IN CUSTODY PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.A.P. 121: Service in person as follows: The Honorable Edgar B. Bayley, Judge Court of Common Pleas Ninth Judicial District Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Pam Sheaffer, RPR Official Court Reporter Court Administrator's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Rebecca R. Hughes, Esq. 60 West Pomfret Carlisle, PA 17013 iss~ ~~(~~ ~~~"~ E EDWARD R. LeCATES, ESQ. Attorney for Plaintiff/Appellant I.D. No. 07465 39 East King Street Second Floor York, Pennsylvania 17401 ~~ ~/~~~~ DATE MICHAEL F. FE OZ, ESQ. Attorney for Plaintiff/Appellant I.D. No. 53985 149 East Market Street Second Floor York, Pennsylvania 17401 ~9 gam- - "'oA ~~ ~w~•tr:rt zie aa2+~avw~t.at==-~, ~w~.,-..~, r~~+ea,~+aw_na•.e-~~.m NB~fi~H .~•. ~ . •..~ m~ A,a~`n ~P; '~, A ~~ \~~ '1~ Y ~1 Iv ~l '(~ 11?? 1 'til ~1 l \~ r~ k C-i h~ r .,, ' 'i i -L L" ~, -t t _, i,-? 7 rir_ c~ .~ ci ' ~= L ,; x i__ C~ _; r, ~C Ci' ~ w _s~ +- ,~ A 12:05 P.M. ~~ .. R • Appeat Docket Sheet Docket Number: 1144 MDA 2002 Page 1 of 3 JuBy 23, 2002 Falashia Melius, Appellant v. Douglas A. Melius Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: July 23, 2002 Awaiting Original Record Journal Number: Case Category: Civil CaseType: Consolidated Docket Nos.: ~ ~r- s3~o Superior Court off Pennsylvania Related Docket Nos.: SCHEDULED EVENT Next Event Type: Docketing Statement Received .Next Event Due Date: Au ust 5 200 ~~ _• Next Event Type: Original Record Received .Next Event Due Date em er 3 2 02~;; 7/23!02 - - --. ~~ 3023 12:05 P.M. + _ Appeal Docket Sheet Superior Court of Pennsylvania Docket Numlber: 1144 MDA 2002 Page 2 of 3 July 23, 2002 COUNSEL INFORMATION Appellant Melius, Falashia Pro Se: Appoint Counsel Status: IFP Status: No Appellant Attorney Information: Attorney: Fenton, Michael F. Bar No.: 53985 Law Firm: Address: 149 East Market Street, 2nd. Floor York, PA 17401 Phone No.: (717)854-1366 Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Attorney: LeCates, Edward R. Bar No.: 07465 Law Firm: Address: 39 East King Street York, PA 17401 Phone No.: (717)843-0675 Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Melius, Douglas A. Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information Attorney: Hughes, Rebecca Ruth Bar No.: 67212 Law Firm: Irwin, McKnight & Hughes Address: Irwin McKnight & Hughes 60 W Pomfet Street Carlisle, PA 17013-3222 Phone No.: (717)249-2353 Fax No.: (717)249-6354 Receive Mail: Yes E-Mail Address: Receive E-Mail: No FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number 7/23/02 Notice of Appeal 7/23/02 Notice of Appeal 55.00 1.01 a+021 2002SPRMD000678 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas '/`J 7/23/02 3023 `~ 12:05 P.M. ~ !~ Appeal Docket Sheet Docket Number: 1144 MDA 2002 Page 3 of 3 July 23, 2002 Superior Court of Pennsylvania County: Cumberland Division: Civil Date of Order Appealed From: June 18, 2002 - Judicial District: 9 Date Documents Received: July 22, 2002 Date Notice of Appeal Filed: July 17, 2002 Order Type:Order Entered OTN: Judge: Bayley, Edgar B. Lower Court Docket No.: 01-5380 Civil Term Judge ORIGINAL RECORD CONTENTS Original Record Item Date of Remand of Record: Filed Date ContentlDescription BRIEFS DOCKET ENTRIES Filed Date July 23, 2002 Docket Entry/Document Name Notice of Appeal Filed Appellant July 23, 2002 Docketing Statement Exited (Civil) Filed Melius, Falashia Middle District Filing Office 7/23102 3023 ,~. `s~;fz ~, ~ E~ O ' ~ f~ rl [~ -4 (fi '' ( ''~ ~ r - J , ,%"1 . ; v _/ ,- ~~ `~ ~i -_ ~: _ <-i{ '; `_'. G _' ~-~ ' _~ ~ i _~ r FALASHIA MELIUS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-5380 / CIVIL TERM DOUGLAS A. MELIUS, :CIVIL ACTION -LAW Defendant : IN CUSTODY FALASHIA L. MELNS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2001-6800 CIVIL TERM DOUGLAS A. MELIUS, :CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Thomas S. Diehl, Esquire, on behalf of Falashia L. Melius in the above-captioned cases. AUG 0 5 1002 Thomas S. Diehl, Esquire One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717)240-0833 TO THE PROTHONOTARY: Please enter the appearance of Michael F. Fenton, Esquire, on behalf of Falashia L. Melius in the above-captioned cases. Date: b~/.~®/Oa ., r ~ // ~ A' ~- Michael F. Fenton,~squire 149 East Market Street. 2"d Floor York, Pennsylvania 17401 (717)854-1366 ~~~~ ~,~, s. ~51 j k ~- ~~ i n ~ I ~ ~'i.:.' :.y :~1 ~~~ ~ ~ (y :~ ~ C? ~ -'~ ~ CX1 ~j t/~ ~ ;; FALASHIA MELIUS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V• CIVIL ACTION - LAW DOUGLAS A. MELIUS, . Defendant NO. 01-5380 CIVIL TERM IN RE: CUSTODY Proceedings held before the HONORABLE EDGAR B. BAYLEY, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on June 6, 2002, at 8:53 a.m. in Courtroom Number Two. APPEARANCES: THOMAS S. DIEHL, Esquire For the Plaintiff REBECCA R. HUGHES, Esquire For the Defendant ~~ F? INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CR S REDIRECT RECROSS 1. Falashia Lorraine Melius 4 30 39 -- FOR THE DEFENDANT 1. Douglas Alexander Melius 41 69 $3 -- 2. Catherine Gorba 85 94 -- -- 3. Roy D. Melius 99 103 -- -- 4. Yvonne J. Melius 106 114 117 -- 5. Robert Eugene Davis 119 120 -- -- REBUTTAL 1. Falashia Lorraine Melius 121 125 -- -- 2 ;L~ ~ r~ - n mod.. I -_. D 0 INDEX TO EXHIBIT FOR THE PLAINTIFF IDENTIFIED ADMITTED 1. Two letters from Adams County 122 126 Children and Youth Services dated May 16, 2002, and May 17, 2002 2. Four photographs showing injuries 123 126 to Brianna and Douglas FOR THE DEFENDANT 1. Letter to Doug from Lacy 36 126 2. Letter to Doug from Lacy 36 126 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 June 6, 2002, 8:53 a.m. Carlisle, Pennsylvania THE COURT: First witness. MR. DIEHL: The first witness would be Lacy LMelius. Whereupon, FALASHIA LORRAINE MELIUS, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. DIEHL: Q Falashia, when you get comfortable there, could you please state your full name and your address for the record, please. A It's Falashia Lorraine Melius, and the address is 1225 Pine Grove Road. Q And you typically -- THE COURT: Pine Grove Road where? THE WITNESS: Gardners. THE COURT: Gardners? THE WITNESS: Yes. THE COURT: Go ahead. BY MR. DIEHL: Q And you typically respond to the name Lacy, is (that correct? A Yes, that's correct. 4 ~'7 ~~~wee.ws~~~~i v ` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How old are you, Lacy? A I'm 25. Q And are you currently married? A Currently, yes. Q What was the date of your marriage? A It was September 27th, 1996. Q And that was to Doug Melius? A Yes, that's correct. Q How old is Doug? A How old is he? Q Um-hum. A He's 37. Q And you have children together, correct? A Yes. Q What are their names and dates of birth? A It's Brianna Hope Melius, and she was born October 28th, 1996, and Douglas Dalton Melius, which was born May 30th of 1998. THE COURT: Do me a favor. Just pull that microphone down a little bit as you speak into it. We will be able to hear you a little better. Speak right into it. BY MR. DIEHL: Q How old are your children? A My little girl is five years old, and my little guy just turned four. 5 - - _ _ _ ~ wM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I Q Now, Doug also has a daughter as well? A Yes. Q What's her name? A Her name is Haley Renee Melius. Q And how old is Haley? A She's 10. Q And since you've been married Haley's always been with you? A Yes. Q Now, who do you currently reside with? A It's just currently me. Q And who does Doug currently reside with? A He currently resides with his mother. Q And where does he live at this point? A He lives up in Cambria in Twin Rocks. Q Twin Rocks, Pennsylvania? A Yes. Q Where do you work, Lacy? A I work at the Giant Corporate Office. Q Right here in Carlisle? A Yes. Q And what type of work do you do there? A I'm a data processor. Q How long have you worked there? A Roughly seven months. I started October 1st. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You started there October 1st of 2001? A Yes. Q What are your hours? A I work 7:30 to 4:00. Q Until 4:00 p.m.? A Yes. Q Is that Monday through Friday? A Yes. Q How long has that been your schedule? A For almost six months now. Q Where does Doug work? A He works at Martins Food Stores. Q In Cambria County? A I think it's Indiana. Q Indiana County. What type of work does he do there? A He's a receiver in the produce department. Q How long has he worked there? A I guess since he went back to his mom's. I guess seven mont hs. I really don't know on that one. Q What was your actual date of separation? A I think it's August. Q August of last year? A Yes. Q And he started working there sometime after the 7 4. . . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 A Yes. Q What is his work hours, if you know? A That I do not currently know. ~ Q You had indicated that you had separated in August of 2001? A Yes. Q Was it approximately August 15th, 2001? A Approximately. Q Where were you living at that time? A We were living on South Side Drive in Newville. Q You lived in Newville? A Yes. Q And you lived together with Doug and the children, correct? A Yes, that's correct. Q How long had you lived in Newville? A I lived there roughly almost seven years. Q Is that where the children lived their lives? A Yes. Q So that's where you were living when the two children were born, correct? A Yes. Q Did you rent or own your home? A He owned it. 8 b~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Doug had owned it? A Yes. Q Had a mortgage? A Yes. Q In August of last year, who had left the marital residence? A Doug did. Q And did he leave with the children? A Yes, he did. I Q And he moved directly to where he is now, correct? A Yes. II Q As best you can guess, how far away is his current residence, either miles or hours of travel? A I would say roughly an hour and a half, two hours traveling time. Q One way? A Yes. Q What were the circumstances of his move in August of last year? A As far as? Q Did you know he was leaving on August 15th? A I thought he was going back to a visit with his mother to take the kids back to see their grandmother, which I had no problem. He returned the previous day. He did not have my kids and -- 9 ~~- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you mean the following day? A Yes. Q Let me ask you a few questions concerning that. So you knew he was going to see the grandmother, correct? A Yes. Q And you anticipated that as a routine trip? A Yes. Q When did you learn that his relocation was permanent? A When I came back to check the animals on Saturday after he left, he took all his guns. He took his buck head. He didn't take nothing of the kids' clothes, nothing, but he said it was all planned, I knew about it. Q He returned for personal items after the 15th of August? A From what I was told, he was there. He left, like, 1:30 in the morning, Saturday morning -- or Friday morning. Q How many times did he return, to your knowledge, for personal items? A I guess it was maybe twice that I know of. Q And did he bring the children with him either (time? A That I cannot answer.- I do not know. Q Did you have an argument prior to him leaving? 10 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A We had a little disagreement Friday night in where I used to work at. Q You said Friday night. How many days prior to August 15th was Friday night, as best you can recollect? A Maybe a couple days prior to August 15th. Q Now, you called it a disagreement. Was it a pretty big disagreement? A Well, when he walked out of Texaco, he commented, quote, fuck you. That's exactly what he told me. Q And do you believe he was angry when he left on Ithe 15th? A Yes. Q Did you have an address to where he was going? A I just knew he was going to go back with his mother. Q When was the first time that you can recall that you saw the children after he had left in August of 2001? A October 17th or the 14th was the first time I saw my children since he left in August. Q And what was the significance of that timing? A As far as? Q Did he voluntarily bring the children to you? A I had to go through the courts. Q You had actually contacted my office, is that correct? 11 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, that's correct. Q And, in fact, you filed a special petition? A Yes. Q And ultimately you and Doug have been sharing the children on an alternating week basis, is that correct? A Yes, that's correct. Q Did you receive any telephone calls from the children in that time between his leaving and October? A No. Q Let me ask you a few more things about Doug's move in August of last year. Did he have a job already lined up, to your knowledge, in Cambria County? A No, I do not -- I don't know of my knowledge. Q He never -- to your knowledge, he never looked for a job prior to leaving? A I know he was searching around because he wanted to go back where his mother was from. He said he liked it back there. Q Where were you working at that time? A I was working at Texaco on Walnut Bottom Road. Q Right here in Carlisle? A Yes. Q And had you made any arrangements to change your job? A I was looking, yes. 12 ~~`' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And was that because you were planning to move or because you didn't like your work? A It started taking a toll. I really didn't get to see much of my family. I was working six, seven days a week, and I just wanted something that was just Monday through Friday. Q Now, you had indicated earlier that you owned your home in Newville, is that correct? A Yes. He did, yes. Q Was it at anytime listed for sale prior to the imove? A No. Q What is the current status of the home in Newville? A What do you mean? Q Does Doug still own it? Is it being foreclosed upon? A From what I was told through family it was, I guess, being foreclosed. Q Did either you or Doug make any arrangements to transfer the children's medical records before he left? A No. Q Did you or Doug forward your mail? A I did when I moved back to my mom and dad's. Q But actually on August 15, did either of you 13 3 D D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (forward your mail? A No, THE COURT: When did you move back to Gardners? THE WITNESS: It was May 22nd. THE COURT: Of this year? THE WITNESS: Yes. THE COURT: And the Pine Grove Road home is your parents? THE WITNESS: No, it's mine. THE COURT: That is not your parents' home? THE WITNESS: No. THE COURT: I will let you develop that. I am off track here. MR. DIEHL: Certainly. BY MR. DIEHL: Q Along those lines, when did you move from Newville -- strike that. When you moved from the Newville address, where did you go at that time? A I moved up to my parents' place up in Gardners. Q And your parents lived in and currently live in Gardners? A Yes. Q What was their address? A Theirs was 10805 Carlisle Pike. Q And why did you move in with your parents at that 14 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (time? heft? A Because I had no place to go. THE COURT: When did you move relative to when he THE WITNESS: Maybe approximately August 17th. THE COURT: Okay. BY MR. DIEHL: Q It was shortly thereafter, correct? A Yes. THE COURT: And then when did you move to 225 Pine Grove? THE WITNESS: That was May 22nd. BY MR. DIEHL: Q Of this year? A Yes. live? Q How far away from your parents do your currently A Roughly 10 to 15 minutes away. Q And could you describe your home? A It's a three-story home. It has a living room, a dining room, a kitchen, a half of a bath downstairs, a full bathroom upstairs, three bedrooms, and an attic. Q Is it a townhouse, apartment, separate home? What type of residence is it? A I would personally consider it something like a 15 ~O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 townhouse, row-house type deal. Q So shortly after -- if I understand your testimony correctly, shortly after Doug had moved to Cambria County, you left the residence to live with your folks, correct? A Yes. Q And, I'm sorry, why did you say you did that? A What, leave? Q Yes. A I thought personally he just wanted to move back to his mom's because he liked the area, but my personal opinion -- Q I'm sorry, why did you move to your folks, to get back on your feet? A Yes. Q Did you have an automobile at that time? A I did but they repossessed it. I couldn't afford the payments on it. Q When was it repossessed relative to when Doug left? A It was repossessed sometime in September, early October. Q Of 2001? A Yes. Q And did you rely upon your parents in part for transportation? 16 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Do you currently have a vehicle? A Yes, I do. Q Why did you leave from your parents? A Why? Q Yes. A To try to reestablish my life and to get things situated for my kids so that they had a decent life. Q Is there a yard for the kids to play in? A Yes, there is. Q Is it in the front or the back of the place? A In the back, a big backyard. Q Do you have a lease there? A Yes. Q A year long lease? A Yes. Q Now, prior to your separation in August 2001, you indicated that you worked at Texaco? A Yes. Q And where did Doug work at that time? A He worked at Giant Distribution Center. Q Right here in Carlisle? A Yes. Q Is that actually where you work now? A No, I work at the main office. 17 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You both worked for Giant in Carlisle but different locations? A Yes. Q What shift did Doug work at that time? A He worked 5:30 to 2:00. Q 5:30 in the morning until 2:00 in the afternoon? A Yes. Q And you had indicated that you worked second shift, is that correct? A Yes. No sooner he pulled in around 2:25 I left to be at my work because I started -- 3:00 to 11:00 was my shift. Q So it would be accurate that you woke up with the kids? A Yes. Q And cared for them through the day? A Yes. Q And then passed them off when Doug got off from work? A Yes. Q Is there any reason in particular why you did that? A To try to save on day Care costs. Q How frequently were the kids in day care prior to Doug moving? A They weren't in day care. 18, .Y..... .. .~_..~~u.~....NYWkYfiYL~ueL~o '_'. L....va.1......w.~...u~...~..c ~i ,.:.. ~: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Because of the way you handled your work 'schedules, correct? A Yes. Q Now, you had indicated that you currently work a daylight shift. A Yes. Q When did that change? A October 1st is when S started taking on the daytime position. Q October 1st of 2001? A Yes. Q And why did you change your work shift? A I guess basically to get a Monday through Friday job and to spend more time with my kids in the evenings. Q Now, prior to your separation, if you would need day care for special events and so forth, not necessarily day-to-day, who would provide that day care? A Like watching them on, like, special events? Q Sure. A My parents probably would do that. Q What's your parents' names. A Alberta Witmer and Michael Myers? Q And they reside in Gardners as you had indicated earlier? A Yes. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Now, when they would baby-sit the kids, that would include both Brianna and Doug, is that correct? A Yes. Q And Doug's older daughter, is that correct? A Yes. Q Haley? A Yes. Q Was that fairly typical? A No. They didn't really watch the kids that much because the way our work schedule was we didn't really have time to do nothing. Q But if you used day care for any purpose, was it typical that they would provide it? A Yes. Q Is it accurate to say that your parents had provided limited day care up to Doug's leaving, is that correct? A Yes, you could say that. Q In fact, did you utilize their services a week prior to Doug leaving? The weekend prior, did she watch Haley and the two kids? A I think she was supposed to, but I don't think he ever made it that far. Q Okay. In the rare instances when you needed day care, how long had your parents been providing it? 20 ~~ D p 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Probably since Brianna was born in 1996 if I needed somebody they would watch them for me. Q So pretty much the kids' whole lives, is that correct? A Yes. Q Did Doug voice any objections to their providing day care in that capacity? A No, he did not. Q Now, is it accurate that your father -- your father is home on a full-time basis? A Yes. Q Why is that? A He had a head injury. Q Is he disabled? A As far as? Q He doesn't work. A No, he doesn't work. Q But he's here today? A Yes, he's here today. Q He can function and walk and those types of things? A Oh, yes. Q How long has he been on disability? A To be honest with you, I cannot tell you. Q Longer than the kids have been around? 21 _~ l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Now, immediately after Doug's leaving, did your parents' role in day care -- providing day care change? Did you have to use them more frequently? A Yes. Q That was pretty much out of necessity I would imagine? A Yes. Q Now, currently when Doug is at work, to your knowledge who provides day care in Cambria County? A His mother. Q With whom he resides? A Yes. Q And is Doug's father deceased? A Yes. Q After Doug left, could you describe, as best you are able, your typical day? Don't describe so much immediately after he left, but now that things have settled down at your current residence. THE COURT: You mean now that she has the children on a week-on, week-off basis? MR. DIEHL: Yes, Your Honor. THE WITNESS: I get up roughly 6:00 in the morning. I get them breakfast. Then I have somebody drop (them off with my parents. 22 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Q Your parents are providing day care now? A Yes. I am awaiting day care, assumed if I would get the kids, the date that I can start. They are already enrolled. I just have got to give them a date when they can start. Q Where is that at? A Wee Care Little Lambs in Mount Holly Springs. Q It's a professional provider? A Yes. Q And that actually would be the first professional provider the children have been in, is that correct? A As far as -- Q When they are with you. A Yes. Q And what time do you get off work? A I get off work at 4:00. Q And then what do you do? A I would pick them up. Q From your parents? A Yes, and then go over to the house to start making them dinner. Q When did the kids start school? Is that this coming year? A Yes, Brianna will start kindergarten in September. 23 ~~ _. I. _ _. _ _ Yea _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And given their birth dates, does Doug, Jr., start the following year? A Yes. THE COURT: Now, in September of this year what grade is Brianna going to start? THE WITNESS: Kindergarten. THE COURT: September 2002 kindergarten. And the boy is next year kindergarten? THE WITNESS: Yes. 'BY MR. DIEHL: Q And you had indicated you had already contacted Wee Little Lambs in Mount Holly? A Yese Q And, in fact, have prepared to have -- I'm sorry, in fact, have registered the oldest child? I A Yes, and the littlest one too. Q I'm sorry, both children? I A Yes. THE COURT: What school district will they be in if they are here in Gardners? THE WITNESS: They will be in the Carlisle School District. BY MR. DIEHL: Q I'm going to ask you a few questions concerning Doug's relocation. Is it accurate to say that you and Doug 24 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (went to great lengths to keep the children out of day care? A Yes, you could say that. Q In fact, that's why you maintained your prior work schedules? A Yes. Q Was Doug's job, to your knowledge, here in Carlisle still available to him when he left? A As far as I know of, yes. Q And prior to his leaving, specifically he owned the marital residence, correct? A Yes. Q Were you and Doug satisfied with the children's medical care here in the Carlisle area? A Yes. Q Their educational opportunities? A Yes, I was. He didn't particularly care for the school district that they would be going to, but he dealt with it. Q Was that the Carlisle School District? A No, where we were at it was the Big Spring School District. Q Were you generally satisfied with the employment opportunities here in Carlisle? A Yes. Q You've already mentioned that your parents reside 25 _7 l ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in Gardners. Do you have any other family in South Central Pennsylvania or even this general area? A Just my sister, and she lives down in Dover. Q Dover, Pennsylvania? A Yes. Q Does Doug have any family here? A He has a nephew and a niece. Q Where do they reside? A They live in Carlisle. Q Now, his mother currently lives in Cambria County. That's what you just testified to earlier. A Yes. Q Prior to August of 2001, how frequently did you and the kids get to visit her? A We couldn't make it up as much as we wanted to, but she always found a way to come down and spend time with us and the kids. She would drive and then leave early in the morning or spend a couple days. Q How frequently did that happen, to the best of your knowledge? A It was, best to my knowledge, maybe two or three times a month whenever she could make it down. Q So she had fairly regular contact with the kids? A Yes. Q Do you believe that after the move that Doug 26 -7 Cf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 intentionally kept the kids from you? A I think so, yes. Q Have you worked with Doug to try to help this situation? A We tried to work with each other, but it's just impossible. Neither one of us would budge. Q I'm going to ask you specifically, following the initial court appearance we had here, this Court entered an order with respect to transportation. Do you recall what it was? A The first time? Q Yes. A He was supposed to provide full transportation. Q He was ordered to provide all of the transportation, is that correct? A Yes. Q You had -- was that order around October 11th of 2001? A Yes. Q Now, shortly thereafter you had a conciliation conference. Do you recall that? A Yes. Q Was that approximately October 17th, 2001? A Approximately, yes. Q It was within the week, is that correct? 27 r,.j~ :. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Now, following that conciliation, the terms of the transportation changed, did they not? A Yes, they did. Q How so? A I agreed to meet him halfway back on the Breezewood, I guess, interchange. Q So you agreed to provide half of the transportation each time, is that correct? A Yes, that's correct. Q Did you have a car at that time? A No, I didn't. Q You were borrowing from your parents, is that correct? A Yes. Q Why did you agree to that? A I basically tried to do that to remain civil, and it was the best interest not for him to run into my father. Q And did you think it was fair? A Yeah, I thought it was fair. THE COURT: When did that start? MR. DIEHL: I'm sorry, Your Honor. THE COURT: I'm asking you when did that start, when you started meeting him halfway? THE WITNESS: I guess roughly October 20 -- 2 8 ~- ~; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Shortly after the order? THE WITNESS: Yes. BY MR, DIEHL: Q Was it the first exchange after the conciliation conference of October 17th, 2001? A The first time he -- I got to see my kids he brought them up and picked them up. Q And thereafter you shared transportation, is that accurate? A Yes. Q And that's what you've been doing up to this time? A Yes. Q Now, prior to your separation, it's accurate to say you saw the children pretty much every day, is that correct? A Yes. Q And so did Doug? A Yes. Q I believe you testified earlier that you would care for them through the day prior to leaving on second shift? A Yes. Q If the Court determined it was appropriate to move the children to Cambria County, what type of a result would that have on your relationship with the kids? 29 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A It's going to tear me apart. Q Would it be difficult to maintain the same type of relationship you had prior? A Yeah. Q How so? A I probably won't get to see them as much, I mean, ibecause my little girl will be starting kindergarten. MR. DIEHL: I have nothing further, Your Honor. THE COURT: Cross-examine. CROSS EXAMINATION BY MS. HUGHES: Q At the time that you and Doug separated, why didn't you stay in the home in Newville? A What do you mean? Q When Doug moved to Cambria County with his mom, is .there a reason why you didn't remain living where you were living? Is there a reason why you moved into your parents' Ihome? A Yeah, because I couldn't afford everything on my town. Q You couldn't afford it? A No. Q So you moved out at the same time then too, out of the marital residence? A Maybe a couple days after he did. 30 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And when you say you couldn't afford it, you mean the mortgag e payment? A The mortgage payment, the lights, everything. I just couldn 't do it on $7.60 an hour. Q And that's when you were working at Texaco? A Yes. Q And you said that you were working six to seven days a week at Texaco? A Yes. Q Now, you lost your car then, is that correct? A Yes, that's correct. Q Your car was repossessed. Were you paying any bills at yo ur parents' house? A Yeah. I had my credit cards I had to try to get paid off. I had two loans he stuck me with. I couldn't make the payment s on them either. So I had to file -- I'm in the process of filing bankruptcy. Q Did you pay any bills then after Doug left? A Yeah, I paid my bills that I was way behind. Q But then you subsequently filed for bankruptcy? A Yes. Q Now, before you separated, would you and Doug and the family visit Doug's mom in Cambria County? A Yes, we did. Q How often would you go up there? 31 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A We would try to get up as often as we could, but the way we worked it was just impossible. THE COURT: Well, how often? BY MS. HUGHES: i Q How often? A Well, we tried to just get up there at least maybe .once a month. Q And then you said that she came down here to visit two or three times a month? A Yes. Q Did you ever have a discussion with Doug or Doug's mom about moving to Cambria County ever? A I had a discussion, but that's all the further it went. Q And when was that discussion? A Maybe a couple days prior to him leaving me. Q And where was the discussion at? A In the living room on the couch. Q At your house or Doug's mother's home? A Doug's house. Q At Doug's mother's home? A No, Doug's house. Q Oh, at Doug's house. Okay.. Was Doug's mother Ithere? A No. 3 2 ~5~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you ever discuss it with Doug's mother? A Not to my -- I really do not recall anything. Q You don't recall anything? A No. Q So you may have? A I may have, but I don't recall anything. Q Did you ever discuss with Doug possibly going back to college up in Cambria County? I A Yes, I did. Q And you had considered that then? A I considered it, but obviously I didn't go up there. Q But you did say to Doug that you were considering it? A I was considering it, but it was not a definite answer. Q Now, is your testimony that you were or you were !not aware of Doug's job change? A What do you mean? Q When Doug switched positions from the Carlisle job to the Cambria County job, were you at all aware of that or that he was considering that? A I heard it through the grapevine, but you can't believe everything you hear through the grapevine. Q You heard it through the grapevine. So you and 33 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Doug never discussed this? A What do you mean discussing, like employment? THE COURT: You mean before he left? MS. HUGHES: Yes, before he left. THE COURT: Did you and he ever discuss him (changing his job to up there before he left? THE WITNESS: Yes, he was talking about it. BY MS. HUGHES: Q So you did discuss it with him? A Yes. I told him whatever makes him happy do it. Q Oh, you did. So you said if that's what you want to do I'm in agreement with it? A Yes, but I did not expect to come home and everything I loved was taken from me including my dog. Q So you were aware of the fact that he was going to ''switch jobs? A I was not aware of him switching jobs. I was aware that he was going to go back to his mother's looking for a job, but looking and switching jobs is two different things. Q Okay. During your marriage, can you characterize Doug's relationship with his three children? A He was a.father. I mean, he was there for them. Q Did you consider him a good father? A At times, yes. At times, no. Q How was your relationship with his daughter Haley? 3 4 ~~ ?i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I thought we had a pretty good relationship. I mean, there's times that I got mad at her, but I never hurt her. Q Did you ever express to her the fact that she was not related to you? A No, I did not express that fact. Q Did you ever express a concern about her mother? A The only thing she kept saying to me was a concern of her mother. I just kept saying that her mother was busy. There was a couple times I tried to make contact with her mother for her to see her daughter. Q And were you supportive of Haley's relationship with her mother? A If she would have been in the picture a lot more often, yes. Q Does that mean that you were supportive of her relationship? A Yes. Q And did you support Doug's relationship with Lisa in terms of getting Haley and her mother together? A No, I did not. Q Why is that? A Because I personally didn't trust them. Q You didn't trust Doug? A I didn't -- I said them, not specifically Doug. 3 5 $'~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 MS. HUGHES: Your Honor, may I approach the witness? THE COURT: Yes. (Whereupon, Defendant's Exhibits 1 and 2 were marked for identification.) BY M5. HUGHES: Q Will you please describe what I'm handing you which is labeled as Defendant's Exhibit No. 1 and Defendant's Exhibit No. 2. A They are letters. Q And did you write those letters? A Yeah. Q There are some highlighted areas of that letter that I would like for you to read to the Court, please. THE COURT: Who are the letters written to? BY MS. HUGHES: Q Who were the letters written to? A Doug. THE COURT; When? THE WITNESS: They don't have a date on them. THE COURT: Do you have an idea? THE WITNESS: Probably maybe early '96, '97. BY MS. HUGHES: Q Will you read what has been highlighted in ,Defendant's Exhibit No. 1, please. 36 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Doug, listen to me. I want her out of your and Haley's life completely or I'm out of your life. And the other one says, I will make revenge on you and her. Q You will make revenge on you and her? A Yes, but I never proceeded on anything. Q And will you read what's been highlighted in Defendant's Exhibit No. 2. A And I will get her big, fat ass fired. Q Thank you. Lacy, did you write a lot of letters of that nature to Doug? A Yes, I did. Q And was that a big issue for you during your marriage with Doug? A Yes, because it was hard on me knowing that he had another child to another woman which I had to learn to accept it. Q The difficulty that you had with that, did that spill over at all into your relationship with Haley? A No, it did not. Q Not in any way? A What do you mean not in any way? Q Did you ever indicate to her that she was not part of the family? A No, I did not. Q Did this problem get worse as time went on in your 37 G~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A What do you mean? Q The difficulty that you had in dealing with Doug's ex-wife, did it get worse as time went on during your marriage to Doug? A Not really because she just didn't bother us. Q Now, during your marriage to Doug, was there a ,period of time that Doug's brother lived with you? A Yes. Q How long was that? A Maybe roughly two years he lived with us. Q Do you remember what two years that was? A What years? Q Yes. A No, I don't. Q Now, since you had lived with your parents, I understand that you have now moved out effective May 22nd, is (that correct? A Yes. Q And have you advised Doug of your new address or your new telephone number? A No, I did not. Q During the time that you lived with your parents after you separated, after you and Doug separated, was Doug able to call and speak to the children at your parents' home? 38 `G~ ___._a~.~way :.w :w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, he could call and he could speak to the children at my parents' home. Q So your parents did not interfere in any way as far as him talking with the children? A No. MS. HUGHES: Nothing further at this time, Your (Honor. THE COURT: Any redirect? MR. DIEHL: Just briefly, Your Honor. THE COURT: Sure. REDIRECT EXAMINATION BY MR. DIEHL: Q You've been asked a few questions about your automobile and what took place after the separation. How many vehicles did you have when you and Doug were married prior to the separation? A we had two vehicles together. Q So yours was repossessed but his was not? A His was paid for. Q His was paid for? A Yes. Q And that's the vehicle they actually took to (Cambria County, is that correct? A Yes. Q Did he send any money to you to pay any of the ~ 3 9 /~ l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bills -- A No. Q -- after he left? A No. Q Was he aware that you were going to lose your car? A I think in time he would have been aware. Q Now, you had indicated that you and Doug had discussed him changing jobs at some point, correct? A Yes. Q But is it accurate that you didn't know that he had actually done so on August 15th of last year? A Right. Q Miss Hughes asked you a few questions regarding letters that you had written, and you had indicated they were written approximately five to six years ago, is that correct? A Yes. Q It would be accurate to say that Doug's relationship with Haley's mother had caused marital problems? A You could say that. MR. DIEHL: I have nothing further. MS. HUGHES: Nothing further, Your Honor. THE COURT: You may step down. I am going to take a ten minute break, and then I would like to hear from the father, and then we will take testimony from other parties. (Whereupon, a brief recess was taken.) 40 2 "V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Whereupon, DOUGLAS ALEXANDER MELIUS, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. HUGHES: Q Doug, if you could just be sure to talk into the microphone. A Okay. Q Will you please give your full name and your current address. A Douglas Alexander Melius. I live in 1026 Station Road, Twin Rocks, Pennsylvania. Q And is that in Cambria County? A Yes, Cambria County. Q And when did you move there? A Roughly August 14th of last year. Q And who do you work for? A I work for Martin Foods. It's a branch of Giant Foods. I did a transfer. Q And you transferred from your position here in Carlisle? A Yes. Q And to whom are you married? A 9/27th. Q No. To whom are you married? 41 ~~ r _ ._..... _..-~. L ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I'm sorry. To Lacy, Lacy Melius. Q And you were married September 27th? A Yes. Q Of 1996. Okay. And you have two children to her who are the subject of this litigation, is that correct? A Yes. Q Were you previously married? A Yes. Q And to whom were you married previously? A Lisa Mansell (phonetic). Q And do you have any children from that marriage? A Yes, I have a daughter Haley. Q How old is Haley? A Haley's ten years-old. Q And what is her date of birth? A 11/17/91. Q '91? A Yes. Q And do you have custody of Haley? A Yes. Q And how long have you had custody of Haley? A Since roughly 1992. She's kind of forfeited. She ~1eft and so we haven't seen her so -- Q Did Lisa have -- did your ex-wife have regular contact with Haley during your marriage to Lacy? 42 /". ~-' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. We've tried different things, but, no, that did not work out. Q Why didn't it work out? A At first it was partially her fault on her own, but then Lacy couldn't accept the fact that -- we just couldn't find a neutral ground for us to meet. If I tried to meet at work in front of her or at the house in front of her, she just couldn't accept to have these arrangements done. And part of it was the first mother too because, you know, she was in and out, but we just could never get anything really established because, you know, they were both at it, both ways. We tried everything though, a drop off in front of her work or at the house or in front of her personally, but 'she just really couldn't accept that we could get along and try to work something. Q Now, during your marriage to Lacy, were her concerns about Lisa voiced in front of Haley? A Yes, several times. Q And what was said by Lacy? ~ A Exact words? Q Yes. A She would, like, knock the bitch's teeth out. She's a slut blond, just things of that nature. Q Did Haley know that she was speaking about her 43 q% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mother? A Yes. Q And was this also said in front of Brianna and Dougie? A Yes, it was voiced at times, not always but at times. Q Did this problem get worse as your marriage went on with Lacy? A Yes, until Lisa kind of faded out a little, my first wife faded out of the thing, but it was still brought up on occasions that I had been married previous and, you know, she wasn't too happy about accepting that part. You know, like I told her, you know, she knew I was married before. She just had a hard time accepting that. It did cause us trouble. Q Has Haley expressed to you fear or distress because of what Lacy has said to her? A Yes. Yes. Q What has she said about -- what has Haley said about that? A Specifically pertaining to her mother? Q That and other things too. A Yes. She just -- like, she said that she was never really part of the family, Haley has told me. If they get in arguments about her mother, she has told me that Lacy has told her that she would kick her out of the family, things 44 (~ _. ,,.___. _. _._~.:....e:.,Wl.~~..,::.. .: _.__ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 z1 22 23 24 25 of this nature. Sometimes they would get along well but then just -- it was just a collision when it came to mother and Haley. There were different opinions there, and it was just a constant conflict. It was a -- it was a battle. But, like I said, other times they really would get along very well, but then other times it just -- it was just a roller coaster ride all the time. Q Has Lacy's feelings about your ex-wife affected Brianna and Doug? A Yeah. They didn't -- just to the point that they didn't like seeing sissy and, you know, and the arguing about it, you know. I guess, yes, it has, I mean, as far as that. You know, they don't want to see, you know, their sister or ,anybody for that matter upset. So I would say, yes, to a (point. Q Now, there's been some discussion about the time that you and Lacy separated. A Yes. Q Will you please tell the Court what had transpired during that time and your move to Cambria County? A Well, my friend Bob and my mother was down, and I told them that, you know, I really wasn't happy. She had always told me -- through the years, we had always had a dream to move to Washington, actually to be exact, to Washington 45 (~t~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 State, and she wasn't happy here and I -- Q She meaning who? A Lacy, and I wasn't really. I said, well, that's fine. And then Bob had a discussion, I believe with his wife, and he had told us about the community college up in Cambria County. It was Cambria County Community College. Credits up there are only $60.00. And so I told her there was a job posted at work, but we had to move quick on it because it was like -- I said we'd made arrangements, I said, we can do whatever. It was very fast. I mean, it was -- she told me to go for it and she would like -- Q And this was a job that was posted at work? A Yes, it was posted at the bulletin board. It was kind of like meant to be a turnaround. It was there. I had called. And she was never happy, and she always wanted to go to school. I love her and I would do anything in the world for her. And so I -- to make her happy I would -- I told her, you know, you could go to college. When you get done, this doesn't have to be a permanent thing there, and then we could pick up and set sail for anywhere you wanted to go, you know, she would have her degree and we would do so. Q And she said that she wanted to move? A She told me to go for it. Her exact words was go 4 6 ,gyp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for it. She said that -- she said she would like to go to school. She always wanted to go to school. Q So your understanding was that she was in agreement with moving into your mom's home? A Yes. Q What kind of preparation did you do in terms of your mother's home? A As far as -- well, my mother had said, you know, we were always welcome. That was not a problem. She has a large house, and she would like to see us up there. And she knew it might not be a permanent stay too because, like I said, we had always had a dream of, you know, going to Washington State or somewhere. And just the way that her work and my work, never got to spend no time, and there was just constant conflict there. And, like I said, I would do anything in the world to make things work. Q So did your mother begin to prepare her home for you to move in? A Yes. Q And how far in advance did she begin to prepare her home, to your knowledge? A It was just maybe a few weeks prior we had talked. Like I said, it was pretty sudden. We didn't have a whole lot of time, but, you know, we had discussed this several idifferent times about moving through the years. 47 tU~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Like I said, she didn't really particularly care for -- she didn't particularly care for living in the house .because my previous wife and I owned it to begin with. So she never really called it her own home, you know, but we was .working on it. But, like I said, I just -- if she wanted to go to college, that was something we could afford. I got to keep all my time with the company moving up there. I took a big pay cut, but it would have been all worth it if everything (would have worked out in the wash in the end. Q Was there also a situation with your health that you would have benefited? A Well, yes, this was another thing. I was in the emergency room there a few times. I was having difficulty breathing and stuff. It was pulmonary asthma. I worked in a 28 degree cooler all the time. So actually the move from that was good for me too because I couldn't -- I was just closing up, and I had a very difficult time breathing. At first I thought -- you know, they had to do some biopsies. I had a bunch of blistering and cysts in my throat. But since I've been back and with the newer job, it's been clearing. I still have a little bit of -- it's getting much, much better. Q And was this discussed with Lacy as well? A Yes. 48 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I Q And when she said go for it, did she understand (that you couldn't then later change and come back to Carlisle? A Yes, because I had -- I had my back injured a few years ago, and for me to return -- that's what I told her, it had to be a go. For me to return, I had to drop to the bottom of seniority, and there was no way that I could go back in there throwing 80, a hundred pound cases with my back. I could probably last maybe a few months at best. I had two pinched nerves in my back and a swollen disk and then with the asthma on top of it, there's just no way I could do those job duties now. Q So she understood that once you took this other position that you were tied into moving to Cambria County? A Yes. Q When was this decision made? Do you recall, Doug, when the decision to move was made between you and Lacy? A Oh, boy, it was -- let me think. I'm going to say late July. Like I said, there wasn't a whole lot of time. It was very quick and sudden. Like I said, she had told me to go for it. And I asked her twice, and she said go for it. And even the day I left, I left her a note letting her know where I would be. But then after she said about taking the job, she kept telling me -- she said it was over. I said, well, I took the job. So I tried to come back that following day to try 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to work things out, maybe to see, you know, what was going on here for sure. And both times I talked to her she just told me to talk to her lawyer. She refuses to discuss the matter either way. So I was dedicated to go, and she didn't want to discuss anything, you know. Q What started her saying it's over? What caused the change? A I have no idea. There was an agreement. She told me to go for it, so I did, and I told her, you know, once I did, you know, I'm -- that's just the way it works. When someone is dedicated to go, I had to go. And then she told me it was over. Like I said, I tried to call her and tried to find out what was going on for sure, but then she wouldn't talk to me. Q Did you know that she moved in with her parents? A No, I did not, because we went down -- like I said, I went down the following day. I went down. I had tried to call her. Q You went down where? A Down to my residence at the house, and I had tried to call her at work. She just refused to speak to me. Like I said, it was cut and dry, talk to my lawyer, I don't need to speak to you. I had asked her originally -- the first time I (came into the area, I actually even called her from the 50 ~~?~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 laundromat in Newville, you know, and I said, well, at least you can ask about the kids. She said, talk to my lawyer. I said, fine, you know. But I thought she could at least speak to me just to, you know, try to work something out or some type of arrangements I figured until we got -- if she said it was over, that's fine, but I figured she would make some type of arrangements. Q Did she ask for the children? A No, she did not. Q Where were the kids at this time? Were they with you then? A Yes, they were with me. Q Did you have any choice then but to move up to your mom's home and start your new job? A Yes. Like I said, once I took the job -- my (friend Tony had just had a disk recently. He left for a few (days, and he had 15 years, the same amount of time, and he took a -- I believe it was like a -- it was some type of over the Internet, when that big close up was. I can't remember. They had made him go back to a third shift. I mean, it's not absolutely I didn't have a job. It's just a job that I don't believe that I can function and do right now or maybe not ever the way my back is. Q Between the time that she told you it was over and 51 /v (.~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the time that she filed the petition for special relief, did you try to contact her? A Yes. Q How often? A I tried to talk to her two or three times at Texaco where she worked, but I got the same results. It was just either a hang up or I don't want to talk to him. My niece Tracy had worked there with her, and she would just say -- I would hear in the background, I don't want to speak to him. So I just -- instead of me calling and just talking to her, I just left it at that. I figured things would work its way out down the line. Q When did you find out that she was living with her parents? A I'm going to say maybe a week later. Like I said, I really can't give you a true, honest answer on that. Q About a week later then? A Yeah, I would say roughly, yes. Q How did you find out? A I believe it was my niece Tracy that had told me that she had moved back with her parents. Q Did you try to call her there then? A Yes, i have. Actually the first conversation I had with her father was pretty nice, but from there it went (south. 52 ~"~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (You? Q During this time, did Lacy ever try to contact A No. Q In any way other than filing the petition for special relief, did she try to see the children? A No. Q Did she try to call the kids and talk to them on the phone? A Not to my knowledge, no. Q Going back to before you separated, Doug, were you involved with Lacy's mental health during that time, in the time that you were married? A Yes. She was having a lot of problems with (thyroids and stuff, and she was very emotional. Q With her what? A She had thyroid problems, and later on she had told me she was hyper too, hyperactive, and her emotions were very much up and down. This is another reason why I wanted to move, just so -- she wanted a change in environment and also she -- I thought it would do better for her self-esteem if she .did get her college degree, and I wanted to see that more than anybody in this world to see her get it. Q Did she ever threaten suicide? A Yes. She would always say that different times that -- I apologize. I don't really want to hurt anybody's 5 3 ~~~i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 feelings here, but she said that nobody heard my uncle's cries and nobody's hearing mine. Q Who was her uncle? What happened with her uncle? A Her uncle committed suicide. And she always said about when my Aunt Emma died in '95, I should have just went with her, just things of that nature. It broke my heart, somebody that young and that pretty could feel that way. Q Did she make these comments in front of the children? A Yes. Q Often? A Yes. Q Now, during your marriage, she had described the work schedule in terms of you working 5:00 to 2:00 is it? A Yes. Q And then she would work from 2:30 until sometime in the evening? A Yes. Q Is that accurate? A Yes, that's -- pretty much everything she said was pretty accurate, yes. Q Now, during the time that she was home with the children during the day, would she call you about the kids ~!~during the day? A Yeah, there was several times she would call me at 54 ~(~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 work. Sometimes she would be having a bad day or the children would be -- she would say they're getting to be a bit much. A few days I had left work early and come home, and we got things calmed down. But, yes, there was times, yes. Q And did those times happen a lot or how often did it happen that she struggled with them? A Like I said, we would go in spurts. We would go -- to be honest with you, I couldn't really put it exact, but it would go in spurts. You know, we would do fine for a few months, and then there would be times I would call her daily, every day on my lunch break for the longest time. We would converse, you know, and calm down when things would get to be a bit much. And her work was really stressing her out big time too. There was a lot of things going on there that was contributing to that to her. So we tried to converse through the day just to touch base, I guess you could say. Q Did she ever seek help for her thoughts of suicide? ~ A No. I had asked her to a few times. I had talked to her doctor about it a few times. She was supposed to be, you know, prescribed -- well, she was prescribed different things for it, but she refuses to take it. Q So the doctor did give her some medication for it? A Yes. 55 /~~ a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 'I Q And did you try to monitor her intake of it? A Yes. She just refused to take it because she said she had gotten (inaudible) a few times, and she just, I believe, was scared of the medication. She just won't take it. Q Now, since the children have lived a week on with you and week on with her, how have the children reacted to this arrangement? A I guess they really probably don't like the situation at all. I mean, what children wouldn't -- would want to be going back and forth, I mean, to be honest with you. I know they hate leaving when they are with me, you know. They expressed their feelings many times that they want to stay with me. Tt's rough on them, you know. Brianna loves all of her friends up there. She loves going to her preschool up there. She's in the elementary program which they introduce them at the school. They do the same program as the school. It's actually in the school so they can -- it's an easier transformation for them the next school year, and then they go with that same group of kids to kindergarten. Q So Brianna is going to a preschool, is that (correct? A Yes, she goes to a preschool, Blacklick Valley Elementary School, in which Douglas is enrolled to go too. 5 6 / (~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And this is a preschool in the same school where if she lives with you she would go to kindergarten? I A Yes. Q Have they expressed any fear of going back with (Lacy? A Yes, they have. Q And what have they said? A Just that there is a lot of fighting and arguing and different things that went on in the home. Q Fighting and arguing? A Yes. Q Now, have you been able to call and speak to the children during Lacy's periods of custody? A No. I have -- well, at first, like I said, me and her father, you know, I thought he was going to be very nice. We actually had a real civil conversation the first -- the very first time I called. We actually talked about hunting. We used to enjoy hunting together and he was very -- and, like I said, I thought, okay, this is going to work. I called again. Nobody's home, nobody's home, nobody's home. So finally I called another night and her mother had picked up, Alberta, and her exact words was, who the fuck do you think you are calling here? I said, well, I have the right to call here. She said, this is my fucking house. I make the fucking laws here. I make the rules here. 57 0 ~6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I say who calls here and who doesn't. And then Michael was in the background, tell that son of a bitch, no good piece of shit that I'll meet him anytime anywhere, and then he slams the phone down. And Lacy and I just had made other arrangements. We used to call each other pretty much daily at work every day. Q So it's because of this then you and Lacy have called each other daily at work? A Yes, because it was causing her difficulties at home. She had told me, she said, it's not very good right now. So we used to talk every day through the phone. But then the first time I did it she tried -- she told me to call her at work, and then she said that I was harassing her through work. But we got that cleared up, and then her and I just started -- got the communications going again. It was going very well. Q Now, when you say you had communication going, that means between you and Lacy? A Yes. Not with my children, no. Q You were never able to speak with the children? A No. Q What did Lacy communicate to you in terms of the atmosphere at her parents' home? A She just said that it caused a lot of arguments and stuff when I called and -- 58 ~l~ ___. _ _____._.. _ I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So she asked you not to call there? A Yes, because it was causing her trouble and so we -- Q Causing Lacy trouble? A Yes. It was just -- yes, it was causing arguments and stuff. And we used to meet -- well, on Sundays, we started going to lunch every Sunday together for awhile. Q And that was when the custody exchange took place? A Yes. We used to go down and -- we used to go down and I would buy her lunch or she would buy me lunch. But it was pretty much every Sunday we would go down to Hardee's or another place to eat so we could converse and talk, and she expressed a lot of her feelings to me then. She was kind of scared to open up to me completely because she said she was scared about things in court, and I told her I understand. But it was nice that we could talk, but then that deteriorated here towards the last few weeks. Q Did you ever offer to help her to move out of her parents' home? A Yes, I had offered her. One time she asked me for $465.00, and she had gave me papers for Chambersburg to help ,her go look for apartments. I told her I would give her that money, and another time I believe it was $200.00. I also offered that to her. I wanted proof that she had a place. Then she had returned and told me that maybe if we 59 ~~~'~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 could get something going, she would give me a key to the place so I could come and go as I please. I told her that wouldn't be necessary, but it was fine. It was a nice gesture. But, yes, I did offer her money. I offered her $465.00 I believe was the one, and then it was like 200. One was in Boiling Springs she asked me. She wanted to move to Chambersburg a few times. But I wasn't going to just hand over, you know, $465.00 without some type of proof of, you know, at least seeing a deed or an offer or something. Q So she did indicate to you then that she wanted to move out from her parents' home? A Yes. Q And that it wasn't a good situation? A Yes. And that she just wanted to get on her own and be her own person, yes, but I had offered it to her. Q Have the children shown any signs of physical abuse after their periods with their mother? I A Yes, there have been marks. Q What kind of marks? A Split lips, marks on their backs. Q What's that, I'm sorry? A I'm sorry. I'll move this up a little bit. There's been marks on -- their lips were split and -- Q Both of the kids had split lips? 60 f~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Did they indicate how that happened? A Yes. Brianna had told me her grandmother did it. At first I couldn't believe it, but she just kept telling me this. Q And did you take action immediately when this first occurred? A No. Kids run, they bump, they fall. I mean, you know, my kids are -- they are rough and tumble kids. But the ,stories just kept never changing, you know, they didn't change. But, like I said, you know, kids are kids. My kids do play very rough, like I said, and I, you know -- I didn't necessarily particularly want to believe it either. Q Did you eventually take some kind of additional action because of this -- because of the signs of physical abuse? A Actually I went through the school because Brianna's counselor was talking to her at school. Q Brianna's counselor? A Yes. He actually called me in and called them, and he told me, you know, to take them up. Q Take them up where? I A To Youth Services. Q To Children and Youth? A Because the counselor actually at school just kept 61 ~ ~' 1~- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 checking. They kept telling him, and he said, you know, you're going to have to take these kids up. I said, okay. He had been working with them for a few months now since -- I can't give you an exact date, but I'm going to say September maybe, November, somewhere. It's been awhile. I guess Brianna had been going in and telling her teacher things, and then her teacher got involved. It just kind of went down the line. Then they started talking to the counselor and he started working and it just -- and then he told me again just a few things, and then he had showed me a few things. And that's when he picked up the phone and called. Q So he called Children and Youth for you? A Yes. Q And this was in Cambria County, is that correct? A Yes. Q Was this matter then transferred to -- to your understanding, was it transferred to Adams County? A Yes. Q Where Lacy's parents live? A Yes. Q To your understanding, was it founded or 'unfounded? A Unfounded. Q It was unfounded through Adams County Children and 62 ~ ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Youth? A Yes. Q Was this done in any way to harass Lacy or her parents? A It certainly was not. Her mother had just passed away. I would not stoop to that level. THE COURT: Have the marks continued? THE WITNESS: No, sir. Just maybe a few on the -- your average on the knee or whatever, but, no. BY MS. HUGHES: Q And the Children and Youth worker in Cambria (County is prepared to testify today, is that correct? A Yes. Q If Lacy were to have primary physical custody of Dougie and Brianna, what concerns would you have? A It would rip my -- it would just rip my heart out. Q What concerns would you have about Dougie and Brianna? A To be honest with you, I would -- with her emotions, how this derived, how they go up and down, I would be scared of that. I don't like that. I offered to get counseling many a times. I just -- just the lashing -- constant lashing out is definitely what I would be scared of the most constantly and her self-esteem because she -- I'm sorry, just for her 63 ~ ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 self-esteem. Like I said, we would be talking and she would just lash out. Q And these fits of violence, did they occur consistently through the marriage? A Yes, yes, yes. And I had talked to her and her doctors, and she was going back to therapy. She just kept saying they misdiagnosed it. She just refused -- on May 2nd, I had offered to drive down here this year. She was going to go get checked again for some other reasons. She kept telling me she has cancer so much -- she believed maybe she had cancer. Me and her argued for years about getting help. I worried about her. I mean, she always 'complained about stomach pains, and I offered to take her down ,May 2nd to it, you know, to the doctors. Q Now, this is this past May 2nd? A Yes, yes. Q And that's because you and Lacy have had constant .communication outside of her parents' home, is that correct? A Yes, yes. I'm very much concerned about her health too. Q And she wanted to go where on May 2nd? A To Harrisburg. We were just going to go down and have -- she was going to have some lab tests done. She don't like to drive in Harrisburg, and she said if something's wrong she would like me to be there. 64 ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I had offered to take her down after work and take her, but then she said that they had cancelled at the last minute because she cancelled too many appointments there from the past and they wouldn't take her. She said she was going to find somebody in Carlisle to take her. But, like I said, I'm very much concerned about her health. I still care about her. I mean, there is nothing in this world -- I would still not like to see anything happen to her. Q Did she indicate whether her parents were aware that you were talking regularly the way you were since you separated? A A few times I believe because she would tell me we have to cool off for awhile. We had met in Boiling Springs and talked. I had Brianna's school pictures taken. I made a special trip one day just to bring my daughter's school pictures to her just so she could have one. But then she would say, you know, we would have to cool down for awhile because it's just going to cause me trouble and grief. Yeah, like I said, we had met different places and we talked. Q And she was hiding this from her parents, is that correct? A Yeah. She would tell me to, you know -- especially on Sunday she would say I have to get back, you I 65 ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know what I mean. I said, yeah, I believe. Like I said, we was going to make arrangements to go to Gettysburg. I told her it would be nice if we could as a family. I was trying to keep this going so maybe if we could get some counseling or something the kids -- the kids could still have that feeling of being a family if we could actually go do something once in awhile, you know, even if, like I said, we go our ways, but it would still be nice if we could be civilized and maybe go to a day outing, you know, with the family. Q You live in your mom's home right now, correct? A Yes. Q Can you describe to the Court what that house -- the size of the house? A It's a 13 room house. It's two stories. It's two lots. There's a garage. We have a backyard, Then we have another lot right behind it where the children play. We have two parks real close on each side. They're within 300 yards. Q How many bedrooms? A I believe it's six. Q And do each of the children have their own bedroom? A Yes. Right now Dougie and Brianna have bunk beds set up in there, but they bunk in there. But, yes, they play musical beds because they got -- my mom's got a big king size 66 ~ 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bed, and we have queen size beds, pretty much wherever they want to go. They have the run of the house pretty much wherever they want to go, you know, as far as if they decide they want to camp out there they do. Q Does your mother work? i A No, she doesn't. Q So she's home all day? I A Yes. Q And does she provide transportation for Dougie and Brianna to go to preschool? A Yes, yes. THE COURT: What is your work schedule? THE WITNESS: I work 6:00 to 2:30. THE COURT: 6:00 p.m.? THE WITNESS: Yes, in the mornings. THE COURT: Six in the morning? THE WITNESS: Oh, yes. I'm sorry. Yes. THE COURT: Six in the morning? THE WITNESS: Yes. THE COURT: A.m. to 2:30 p.m. What days? THE WITNESS: Right now I'm off Sundays and (Wednesdays. BY MS. HUGHES: Q When you get off at 2:30 then, are you able to go straight to your mom's house then to stay with the children? 67 ( ~~ .._;V. ~ - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, yes. Actually my boss is pretty -- I usually don't take a lunch break. So he even let's me punch out usually like a half hour early so I don't run my time up. Actually, yeah, I can shoot straight home. Q So what time do you usually get home? A I would say between 2:30 and 3:00. Q And if you had the children full-time, ,then you would continue with Dougie being in preschool there and Brianna then would be in kindergarten, is that correct? i A Yes. Plus with everything we're -- I talked to Cambria County Mental Health. I have Haley in counseling now, and I figured as a family it would be good for all of us to go at least until we get some things sorted out, I guess you could say. MS. HUGHES: Nothing further at this time, Your Honor. THE COURT: Who is in counseling, the children? THE WITNESS: I have my oldest daughter Haley in right now, yes, sir. THE COURT: I'm sorry, you and Haley are taking some counseling? THE WITNESS: Yes. THE COURT: Cross-examine. 6s f~1 ~_ ~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CROSS EXAMINATION BY MR. DIEHL: Q Doug, you had indicated there was some problems between your first wife, Lisa, and Lacy, is that correct? A .Yes, sir. Q 'Now, you and'Lsa-had separated in 1992, is that correct? A Yes, I believe it was around there. It's been awhile, but I believe that's correct. Q When was she last around on a regular basis? A It was periodically. I'm going to say '96. I'm going to say around there. Like I said, it was kind of -- it was sketchy off-and on. Q So she hasn't really been around regularly in the last six years? A No. There is another reason why she stayed away because -- THE COURT: Wait. When is the last -- is she around anymore? THE WITNESS: She had just -- she recently made contact with me here a few weeks ago. THE COURT: I know what you are trying to get at. Go ahead. Did she leave for awhile? THE WITNESS: Yes, sir. THE COURT: When was that? That is the question. 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: I would say probably '98 is probably the last time that she has seen her. THE COURT: What year? THE WITNESS: Probably 1998. BY MR. DIEHL: Q So she hasn't been around at least for a good four years or so? A Yes, just very limited, yes. Q So she really didn't have a whole lot to do with your leaving last summer, is that correct? A As far as what do you mean leaving? I'm sorry. Q Any relationship -- any marital problems caused by Lisa and Lacy's involvement with one another didn't have a whole lot to do with your leaving last summer, did it? A Well, actually it did because I had -- I guess Haley's grandfather I had introduced them, and we started doing stuff with her grandfather because I would like for her Ito get to know her grandfather, and her grandfather even through my first divorce we got along always. We never argued or nothing. But she wasn't too happy about that. At first it went well for awhile, but then she kept changing the phone number and different things, and it just didn't work out. There was conflict there. But me and her grandfather are still speaking and doing stuff with the children. 70 f ,_ ~,.: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So actually there's, you know, still mention of Lisa because he keeps wondering why I don't charge her for support, this and that, and I told him I didn't need it. I can take care of my own. Q Now, when Lisa was last around on a regular basis, the kids at issue here today were maybe one and two years old, is that correct? A Yes, roughly, yes. Q Now, with respect to your move to Cambria County, you indicated that Lacy wanted to go -- you had indicated that Lacy and you had talked about her going to college at some point, is that correct? A Yes. Q She had never actually enrolled anywhere, did she? A No, she didn't enroll. Q She never enrolled or took any real steps to take classes at Cambria County or anywhere for that matter? A No, because it was -- we would get established and then she would go to school. I said it happened very promptly, very quickly. Even since I've been up there we had talked -- she has still told me about giving her information for school, and this has been months after I have been up there. Q Now, you had indicated the move took place, I think you said, very fast? 71 ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Excuse me? Q You characterized the move to Cambria County as taking place very fast? A Yes, it happened promptly, yes. Q In fact, you had indicated that you and Lacy had discussed it, I think it was, in late July, is that right? A Yes, somewhere around there, I believe. Q But you had actually never moved any personal property or anything from the home until after August 15th of last year? A There was really no need to. Q Likewise, you didn't forward the mail or place the home for sale or anything, did you? A No. There was a lot of stuff, like I said, that happened quickly, and we were going to take care of business that way. We had agreed upon before if I had to even go away, we talked about several different states to move even before, if it took me to move there and take care of the place, or we would just have somebody come in and sell the place for us. There were several different options. We were moving but, like I said, everything happened quick. Q You had indicated that the move to your mother's place was not intended to be a permanent one, is that correct? A Not necessarily, no, no. Like I said, we had ,hopes and dreams about moving out of state, moving to 72 ~ ~~' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Washington. That was kind of our -- we did a couple things. One time we wrote down where we would most like to live, and that was one that we agreed upon, and just different things, and we actually -- I thought we was going to go show our parents sometime. Q The one that you agreed upon was, what, Washington State or your mother's house? A Washington State. But we agreed upon, you know, we would come there and she could go to school. That way she had a good education. It would be easier for her to get a job whenever we set sail to go wherever we wanted to go. Q So you were going to Washington State ultimately? A Well, if that's what we eventually decided on. We talked about Virginia and different places. We talked about Maine one time, like I said, but it was to get through the school, and then I would transfer again, whatever, because I had places I could transfer in Virginia through my company. And we talked about several different things, but it was just another option after we did that. She had to be educated first before we could move. Q Certainly. And as I understand, I believe you indicated you talked about moving over several years, in fact, is that correct? A Yeah, pretty much different times, but a lot more it was recently. 73 '~( __. - _ -_. tO_ _.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Now, you had indicated that your job, if I understood you, in Carlisle is still available but you requested a transfer? A Not my actual job I did physically every day, a job that I could not produce no more because I would have to go through night shift for one, which I would work long days, Tong hours. I would never see my family for one, and with my aback I could not do the heavy lifting. Q So you had indicated that physically you couldn't do that job anymore? A No. You know, in my right mind, if I knew that we couldn't move -- I went from $17.00 an hour to $12.00 or eleven something an hour -- you know, if I knew she wasn't going to move, I never would have did it. I would have stayed at the job I was at. Q So where you were working in Carlisle you were making $17.00 an hour? A Yes, I was. Q And your current job when you moved you were making $12.00 an hour, is that correct? A Not quite, but, yeah, approximately in that area. Q What is it actually? A It's eleven, probably $11.45. Q $11.45 an hour. Now, if you were physically able to do the job in Carlisle, was it still available to you? 74 ~ ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 'That I wasn't clear. A Not the job that was available to me, no. Q What was available to you in Carlisle? A I would have had to come back as a picker. I was the lead receiver on the floor. Q But that was if you came back from Cambria County? A No. If I came back now, that's what I would do. Q Now -- A Even at that time, after I left, it doesn't matter if it's two days, I would have to go back to picking orders. Q I didn't ask the question correctly. Maybe I didn't make it clear. If you had never left, was the job that you were working still available to you? A If I had never left, yes. Q Okay. How long had you worked that job? li A Thirteen years. December 4th of '89, to be exact, I started there. Q So you worked the same job for approximately 13 years? A Yes. Q You took a substantial pay cut? A Yes. Q To take another job in Cambria County? A Yes, I did. Q When did you apply for that job in Cambria County? 75 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Like I said, it was all around that time, probably late July. Like I said, there wasn't a whole lot of time. It was roughly around there. Like I said, I didn't have a whole lot of time, you know. Q Approximately two weeks before you left? A Roughly. I had told her earlier though, you know, they were putting things in up there and I was going to keep my eyes open. Like I said, it was pretty sudden. Q Again, you had indicated that the move to your mother's house was not intended to be permanent. Do you expect to move from your mother's house in the foreseeable future? A No, not right now, no. The kids are well established. They have plenty of playmates. It's nice being home right now. I have a few of my friends that actually teach at the school and the doctor -- a friend of mine who lives right up the road, he's going to be their family doctor. This for right now it's home, and it's going to remain to be home. Q Now, after you moved to Cambria County, did the kids initially share a bedroom with you? A Excuse me? Q Did the kids originally share a bedroom with you? A No, but they would -- we had movies in there, but we would snuggle and have slumber parties. But they always 76 f~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 had their own room right from the get. Like I said, I'm not going to deny we snuggled and have slumber parties and watch movies and have treats, and they basically snuggle with me. I don't care who knows it, that's fine. Q So is it accurate to say you often shared the same bedroom? A Excuse me? Q Is it accurate to say that you often shared the same bedroom? A Not often. We would -- like I said, we do a lot of -- when they°re home, it's like fun time. We do have a lot of slumber parties, and we do watch movies and we fall asleep together. That's a thing we do. Q And you still do that? A Occasionally, yeah. We read stories, and we have what we call our slumber party nights, and that's what we do. Q How many of those do you have a week generally? A A few, a few. Q So it's pretty typical that a couple times a week 'that you and the two littlest ones are in the same room and actually in the same bed. Is that accurate? A Sometimes, yes. Q Now, you had indicated you had since the separation offered Lacy money at different times? A Yes, I have. ', 77 '~ ~C.~ ... ,... _ ~ - -' 3'a~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You haven't actually given her any though, is that correct? A No. I wanted to actually see some proof of the apartments that she had gave me the newspaper to look at from Chambersburg. THE COURT: You have not given her any money, ,right? THE WITNESS: No, sir. No, Your Honor. THE COURT: Next question. BY MR. DIEHL: Q Did you know that her car was repossessed? A Yes. Q When did you learn that? A There was a time I got a letter through the mail. Q Was it shortly after you left? A It wasn't probably too much longer, no. Q And you didn't offer any funds at that time, is that correct? A She didn't ask for anything. Q What is the status of the home in Newville? Has it been foreclosed upon? A Yes. I told them I would sign off, but, yes, I had to file bankruptcy. Q Were you aware when you left that Lacy was not going to be able to afford the mortgage payment on her own? 78 ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Actually it could have been adjusted, but, like I said, it wasn't at the point that we thought we would lose it at the time. THE COURT: Are you in bankruptcy now? Did you say you have? THE WITNESS: Yes, mine just went through. THE COURT: You are discharged? THE WITNESS: Yes. IBY MR. DIEHL: Q Were you aware that she could not afford the (mortgage? A No. They have a program, actually if she wanted to, they would adjust it to your wages because I have done it in the past in rough spots. They have took it from 600 already down to 350 for me because with a loan through the government they will adjust it to your income. Q And you chose not to pursue that road? A No. At the time, no. I did offer to help her '.stay at the house for awhile if we work some things out though. Q Now, you had indicated you had some difficulty discussing things concerning your kids with Lacy while she was at her parents' house, is that correct? A Yes. Q Is there any reasons that you are aware of why you 79 ~~d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would have problems having discussions now that she has her own place? A I hope not. Q You've never had any problems discussing things with her, is that correct? A No, there would be conflicts. I guess in this situation there's going to be conflict, but her and I was actually talking well but it was -- there was a lot of outside interference there. Like I said though, she would quit -- the last few weeks though she quit talking to me at Hardee's even because -- I have no reason. So actually she broke the communication there, but, like I said, it was regular -- on a regular basis until a few weeks ago, and then she cut it. Q Now, you had indicated that the two youngest ones had expressed a desire to stay with you, is that correct? A Yes, many times. Q Would it surprise you to learn that they've expressed at least the opposite desire to their mother? A I'm sure they have feelings for their mother too. Q Do you think at their age who they are talking to may have something to do with what they actually say? A I'm not a child psychologist. I really don't know how to answer that. Q And you had indicated that I believe quite 80 '~~ ~e'k86Ye,4~Sti. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recently Child and Youth Services were contacted, is that correct? A Yes. Q And that the matter was transferred to Adams County? A Yes. Q And that it was -- any allegations were found to be unfounded? A Yes. Q When did you learn that it was unfounded? A I would say approximately a week ago. Q About a week ago? A Yes. I can't give you a definite but roughly. Q Was Lacy's testimony accurate that her parents often would provide day care prior to your date of separation? A A few times. My mother actually seen them more than they did. They would travel down. They might have been at my house three times, and I lived there the whole time since them babies were born. Q It wasn't often that anybody provided day care, is that correct? A No, but we did back and forth. Like I said, my mother used to come down quite often and help around the house. Q And is it accurate that her parents also would 81 ~Z~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 'baby-sit Haley, your daughter, is that correct? A Yes, a few rare occasions but, yes. Q In fact, you had not expressed any problems to Child and Youth Services or anyone else for that matter concerning their care until after this action was initiated, is that correct? A No. I called the crisis center several times trying to seek help for Lacy. I've expressed my opinion to her doctor about counseling and different things through Dr. -- Q I'm sorry, was this concerning abuse against the kids? A Well, it was basically just emotion and stuff, yes, and the yelling. I just wanted it to stop, and I figured we would go get some counseling and make sure she's taking her medications. Q Are you saying that you had contacted professionals prior to your date of separation concerning Lacy's parents' abuse of the children? A No, no, no, not Lacy's parents, no, no, no, no, Ino. MR. DIEHL: Okay. I have nothing further, Your (Honor. THE COURT: Any redirect? MS. HUGHES: Just a couple. 82 ~ ~~" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REDIRECT EXAMINATION BY MS. HUGHES: Q After your ex-wife kind of fell out of the picture, did Lacy continue to complain about her? A Yes. Several times here I had found out that -- THE COURT: Well, you are telling me she kept complaining about her, right? THE WITNESS: Yes, constantly, yes. THE COURT: Next question. BY M5. HUGHES: Q What kind of preparations did your mother make or do to prepare for you, Lacy and the kids to move in? A She had got bedrooms ready. She started talking about finding out about the preschool for us so she could get her enrolled. Q Was Lacy aware of all of this? A As far as not the preschool, no, but getting the house ready and stuff we talked. Like I said, we was -- like I said, everything happened very fast. She told me to go for it so I did. MS. HUGHES: Nothing further, Your Honor. THE COURT: Any recross? MR. DIEHL: No, Your Honor. THE COURT: Sir, you may step down. I will take another ten minute break, and then we will go back to mother's 83 t~f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (witnesses and then go to father's witnesses. (Whereupon, a brief recess was taken.) THE COURT: Next witness. MR. DIEHL: Your Honor, with the Court's allowance, we would rest at this time provided that we be !permitted to call mother back for rebuttal testimony, ,particularly concerning Child and Youth Services. THE. COURT: Sure. MS. HUGHES: Your Honor, at this time I would like to go ahead and call Child and Youth Services. THE COURT: Go ahead. This is a Child and Youth Service Worker in Cambria County? MS. HUGHES: In Cambria County, yes, sir. THE COURT: What is the name of the witness? MS. HUGHES: Cathy Gorba. THE COURT: How do you spell that? MS. HUGHES: G-o-r-b-a. THE COURT: Go ahead. (Whereupon, the following testimony was taken via speakerphone.) A VOICE: Children and Youth. May I help you? MS. HUGHES: May I speak with Cathy Gorba, please? A VOICE: May I ask who's calling? MS. HUGHES: This is Attorney Rebecca Hughes. A VOICE: One moment. 84 t~7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. GORBA: Hi, this is Cathy. MS. HUGHES: Hi, Cathy, this is Rebecca Hughes. MS. GORBA: Hi. MS. HUGHES: We are here in open court. MS. GORBA: Okay. MS. HUGHES: We have Judge Bayley presiding on the bench and Thomas Diehl representing Lacy Melius in this matter. MS. GORBA: Okay. MS. HUGHES: And I just need to ask you a few questions. MS. GORBA: Sure. THE COURT: Swear her in first. If you would raise your right hand, my stenographer will swear you in, ma'am. MS. GORBA: Go ahead. Whereupon, CATHERINE GORBA, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. HUGHES: Q Will you please state your full name. A My name is Catherine Gorba, Catherine with a C. Q How do you spell your last name? A G-o-r-b-a. 85 / z(~ I ~l o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And where do you work? A I work for Cambria County Children and Youth Services. Q How long have you worked there? A I have been here 19 months. Q And have you had occasion to meet with Brianna and Douglas Melius? A Yes, I have. Q And under what conditions did you meet with them? A I met with them here at our office. Q And how did you get -- was there someone that brought them in to you? A Yes. Their father had some concerns, and he had brought them in to meet with me. Q And did you investigate with the children? A Yes, I did. Q And will you please tell the Court what your findings were. A Okay. On 5/8/02, I spoke with Brianna alone. Brianna had disclosed to me that she had a mark on her back. I checked that mark. It was a bruise elongated approximately 4-inches long. It was a light colored bruise where it had been, I'm assuming, just fading away. It was probably 2-inches wide. We photographed the bruise but because -- myself 8 6 ~ ~C~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I asked her who was there when this happened, and says that pappy and Alberta watch TV a lot while the children play and that both drink beer while the children are playing. Brianna said that the grandparents give them Brianna also stated that her gram threw a glass at her and hit her in the head, and her pap threw one at her brother Doug and his head bled. I also asked them what they eat when they're at sandwiches, meals, breakfast, ice cream for bed, okay. I had asked Brianna if her grandfather had guns (grandpa does have guns and that he has a lot of them. She stated -- let's see. I'm looking here. She also stated that, 87 A ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 okay. She says that her brother Dougie sleeps in the gun room on the floor and that grandma, Lacy and Brianna, herself, all share the same bed, and that when grandma's upset in the bed, she pushes Brianna and her mother out onto the floor. Mom has a boyfriend. According to Brianna, his name is Paul. He hits mom where she pees from, and she motioned with her fist going upward towards the vaginal area. And she said that he hits her -- hits mom in the stomach. Brianna said that Paul hit her and her brother on their chests. Brianna said that grams and pap fight with each other by hitting with fists, and that grandma cries when pap does this to her. I asked Brianna if Paul drinks anything, and she said that he drinks soda and beer. Brianna said that she's afraid to go back to, and she called her, mean grams. And I asked her who, you know, treats her mean when she's at that home, and she said both gram and pap. She said that pappy watches the kids when gram and mom are working, okay. Then I interviewed Dougie. He was a little more difficult to interview. He was more interested in moving around. But Doug stated that he does like to go to pap and gram's house, and he said he calls grandma black ma-mau. He said that she hits him on his head with the door, and he wouldn't elaborate anymore on that. 8 8 ~ ~i~ ~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Dougie also said that Paul hits his sister in her belly and chest area and that he hits mommy on the tummy and mommy cries. I asked Dougie if he ever saw pappy's guns, and he said, yeah. He said that pappy points guns at mommy and Paul when he's mad and when he has been drinking beer, and he says grandma and pappy both drink beer. Doug also stated that Paul drinks beer and Paul scares him. Doug did say that -- Dougie did say that grandma and pap do give him hugs and kisses. He also said that pap let's him hold his guns and knife. Doug again called grandma -- referred to grandma as black grandma, and that she had thrown a glass at his head. And he showed me the forehead, but if there had been anything there it was healed. I have -- that was my interview with Dougie. I then asked Brianna again -- I asked them why they call her black grandma, and they said because of her dark hair and because she's mean. And I think that was -- that was (basically it with those two children. Q Were you concerned by what they said to you? A Very concerned. Q Did you feel that they were being truthful with ~y°U? A Yes, I did. Q Did you give Doug Melius any advice in terms of 89 D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what he should do? A I told him he needed to contact his attorney and he needed to have something done as far as the every other week visitations with those children if these children are in that type of situation. ' Doug said he had tried to pursue this matter, but he had some concerns of his own. He felt that no one would -- you know, that Children and Youth -- we also contacted Children and Youth in that county. Doug had some concerns that the police in that county are friends with the grandfather and that -- and this is only what Doug had told me, that there was some incidents with guns and criminal activity, or something to that effect, iin the past. And it was never really taken care of because of the friendship in that county between the police officers and -- a police officer and the grandfather. Q Are you aware of what was done in Adams County? A Not at this point. I know that they did go out and they did a home visit with a police officer. Now, this is just my understanding. I haven't had verification on this yet. It's my understanding that they are not going to open a case. Q Okay. Did you have opportunity to visit Doug's mother's home where Doug lives? A Yes, I did. 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And what were your findings there? A I found the home to be extremely appropriate. The children in that home are very well cared for. There was no findings of any inappropriateness as far as the home. There was plenty of food. The relationship between the children and the father is a very good relationship and the grandmother. It's a very healthy environment. Q Did you have opportunity to speak to Haley as well? A Yes, I did. Q And what were your findings with Haley? A I spoke with Haley on 5/15/02 here at the office. I'm sorry, let me see. Yes. Haley said that she was about four or five when she met Lacy. Haley said Lacy would threaten her and say that she would punch her teeth down her throat if she told her dad anything that was going on in the home. Haley said that she would have bruises on her back from Lacy, that Lacy would hit her and she wasn't allowed to !tell. Lacy would get mad at Haley because Haley wanted to go to her natural mom's, and Lacy was upset with Haley over wanting to have a relationship with her natural mom. Haley was told by Lacy that if she told anyone Lacy would kick her out of the family and she would no longer be a part of the family. 91 ~~ ~j~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Haley also stated that Michael Myers would drink Haley wanted to make a list for me of everything d to them. She made a list. On her list it was She would not get anything to eat when her dad wasn't around. Also she was telling her stuff that she should not know yet because she was too young, such as things to do with pregnancy and delivering babies. Also we had where -- we had to go where she wanted Lacy would make the three children go hungry, and Haley said that she was lazy, watched soap operas, according to Haley. Haley said that Lacy wouldn't get up, and she missed 48 days of school while Lacy was caring for her. Haley stated that Lacy took diet pills for several years and only weighs about a hundred pounds. And there's some mention, I ,believe, that she may still be on these pills. It's an ongoing thing with her. Lacy would tell Haley about having -- okay, here's where she would tell Haley about having babies when she was 92 9 L~ ,~- C~ D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 seven or eight years old. She would give details about having blood in your underpants. Haley said that the grandfather got mad when Lacy 'and her mom stayed with Doug. In the corner of the house ithere was a piece of antique furniture there. He loaded a gun and shot the furniture. Haley said that they would see Lacy hit dad, hit her own father. That's when I instructed Doug to take Haley to either Women's Health Center, Victim Services, or Mental Health for counseling, and Doug did take her for counseling. He set up appointments for counseling. Q Were you able to determine whether the things that were done to Haley had an effect on Dougie and Brianna? A The reports I received back from the school there has been some behavioral concerns with Haley, not so much behavioral but bizarre behaviors where she would sit in class and all of a sudden yell something out. The school's had absolutely no concerns as far as Haley and her father and that unit there. They weren't quite sure why the child was doing this. The father has been involved with, you know, the school and doing what he needs to do on that end. Brianna and Dougie I really don't have any information on. I do know that, you know, they have mentioned -- Brianna said that she was scared, and that 93 '~-fLD i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Haley -- or, I'm sorry, Dougie mentioned that he's afraid, and his fear was basically with Paul, but yet he had stated all !these other things that had happened. They appeared to want to be more with their father in that environment where they feel secure according to, you know, the things they have said to me. Q Did they show any fear of living with their father? A None at all, no, no. The interaction between the father and his children is amazingly appropriate, very caring, very loving, very concerned and interested in the children's welfare and what they have to say at the moment, and, you know, you don't find that very often. MS. HUGHES: If you'll hold on for just one moment, Cathy. THE WITNESS: Sure. MS. HUGHES: No further questions at this point. THE COURT: Cross-examine. CROSS EXAMINATION BY MR. DIEHL: Q Hello, Miss Gorba. My name is Thomas Diehl. Can you hear me? A Yes. Q And I'm counsel for Lacy Melius. A Okay. 94 ~~ Q m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q I have a few questions for you. A Okay. Q How many times total did you see Mr. Melius or the !children? A I saw the children twice and I spoke with -- I saw Mr. Melius, I believe it was, three times, and I spoke with him several times over the telephone. Q I'm sorry, you met with the children directly on two separate occasions? A Yes, I did. Q And you met with their father on three different occasions? A In person, yes. Q And I would presume that the occasions in which you saw the children you also saw him, he brought them, is that correct? A He was there, but he stayed in another room while I interviewed the children. Q So is it accurate that the father's been in your office on three separate occasions, and on two of those occasions he brought the children? A Yes. Q Approximately how long were your interviews with the children? A With the children. I interviewed Brianna and 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Dougie -- I interviewed Brianna first, and then I would say I was probably with her a half an hour. And then I interviewed Dougie probably 10 minutes, 15 minutes at the most. And Haley, I had probably visited with her 40 minutes, 40 to 50 minutes. I'm not sure of the exact amount of time. Q Is that each time or is that the two times combined? A No, that was each time. And then I met the children again at the Melius home, and I was able to talk to the children there. Q Have you discussed any of the allegations with the children's mother? A No, I have not. Q Nor with the maternal grandparents? A No, I have not. That was given to the county there to deal with. Q To Adams County Child Abuse Services? A Yes. Q And to your knowledge they then set up a home visit with the grandparents? A To my knowledge they did. Q And was your report fully available to Adams County Child Abuse Services? A I had read them my information, and I was assuming that he was documenting as I was giving him the information. 96 1~ 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And it was more or less the same information that you provided today, is that correct? A Yes, it was. Q Now, you had indicated that there was a bruise on the daughter Brianna's back? A Yes. Q And it was visible to the naked eye but wasn't dark enough to photograph, is that correct? A No. We took it with an instamatic camera, and I'm looking at the photograph right now. I know it's there, but I don't think anyone else could pick it up. Q And you had indicated that Doug, Jr., stated that he was hit by a glass, is that correct? A Yes. Q But there was no mark, is that correct? A No. They weren't aware of the time frame. I don't think they were able to give a time frame or understand that, you know, when that could have happened, but they did say that it happened. I Q Was there a time frame for any of the incidents that you had indicated? A Basically most of this, according to the children, is ongoing when they are at the home. Q At the grandparents' home? A Yes. 97 /~~ .W,~ ~ _ _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And is it your understanding that the children's father, Mr. Melius, believes that the maternal grandfather and the police are perhaps coordinating their efforts? A That's my understanding. Q And is it also your understanding that after Adams County Child and Youth Services reviewed the reports and spoke with the maternal grandparents that they listed the case as unfounded, is that correct? A From what Doug had told me, that's what the status has been or that's what he understands the status to be. I have not had the opportunity to contact them to find out where they are going with this. I didn't know if they had enough time to even complete a full investigation. I was hoping that they would interview the children themselves on the week that the children had visited up there with the grandparents, but I don't know if they did or not. That would be the appropriate thing for them to do. MR. DIEHL: Very well. Thank you. THE COURT: Any redirect? MS. HUGHES: No, Your Honor. THE COURT: Ma'am, you are excused. Thank you. MS. HUGHES: Thank you, Cathy. THE WITNESS: Thank you. THE COURT: Next witness. MS. HUGHES: Your Honor, at this time I would call 98 ~E; 1 2 3 4 5 6 7 8 9 10 11 1z 13 14 15 16 17 18 19 20 21 22 23 24 25 Whereupon, ROY D. MELIUS, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. HUGHES: Q Will you please state your full name and your address A Roy D. Melius, 142 Harding Avenue, Red Rock, Pennsylvania. Q And what is your relationship to the defendant, Doug Melius? A My brother. Q And did you for a period of time live with your brother and his wife? A Yes, May of '96 to May of '98. Q And how often were you in the home during that time? A Well, I worked second shift. It ranged from four to five days a week. I started work at 4:00, and I didn't get off until 2:00 in the morning. So it ranged four or five days a week. Q And you were then regularly home in their home in the mornings, is that correct? A Yes. 99 p r 0 ~~ ' .. _. ..:.I _.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And you heard the testimony that Lacy was home in the mornings with the children, is that correct? A Yes. Q And can you describe her care of the children during this time? A Well, the children would constantly come to me in the morning and say they were hungry. Q And where was Lacy at the time? A In bed. Q How late would she normally sleep? A Noon. Q And from the time the children got up until the time Lacy got up, did you care for them? A Yes. If they wanted cereal, a lot of times I would have to hurry up and run and get milk or whatever, but, yeah, I would make them cereal or whatever. Q And when Lacy got up, how was her care of the children then? THE COURT: Wait a minute. Let me ask you a question. Did you live there at all after Douglas was born? THE WITNESS: No. No, Your Honor. THE COURT: We are dealing with Brianna, right? THE WITNESS: Brianna and Haley was there. THE COURT: Go ahead. What is the question? 10 0 /~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. HUGHES: Q After Lacy woke up, can you describe to the Court how she cared for the children? A Quite honestly, it was wait until Doug got home. Q And -- A It would be wait until Doug got home, out the door, it's your problem. Q So would she stay there with the kids until Doug got home? A Yes. Q Was she kind to the children? A On occasion. Mainly Haley, his daughter Haley, she would explode on her. Q And when you say explode, can you -- A Well, one thing in particular comes to mind. She says, you're not blood and you never will be. And that particularly that -- you know. Q How would Haley react? A It would upset her. This would be screamed at her. It would upset her. Q Would she scream often? A On occasion. It mostly had to do with his former wife Lisa. Q And was Lisa ever around? A No. I never seen -- I might have seen her once in 101 i5~' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two years. Q Was there ever an occasion where you woke up in the morning with Brianna next to you? A Yes. Q Could you describe to the Court what happened? A In a car seat. I slept on the couch. I woke up -- there is a reclining chair beside me. I woke up, and I just, I'm going to move this seat. And when I picked it up, there is weight to it. I lifted the blanket and Brianna's in there. And I just -- it just set me back. Q What time of day was this that you found her like that? A 11:00, 11:30. Q At night? A No, no, in the morning, near lunch, near lunch. Q And where was Lacy at the time? A In bed. She did work second shift, you know, but -- Q Did Lacy ever participate in taking care of the house or shopping or anything of that nature? A When I was there? Q Yes. A No, very little. She would wash clothes maybe once in awhile. I did the dishes a lot. I didn't even eat there. I never ate there, but I would do the dishes a lot. 102 ....... .. __... ~ ~ __....,_ .~~..... .-...ate,..-..~.d, .' _._ L, _ ,, m p 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 My brother would cook the night before, and I would do the dishes because they weren't getting done either. Q Were you aware of Lacy being on medication for her thyroid? A On occasion I had seen it setting there, medication, but that was none of my concern. MS. HUGHES: Nothing further at this time, Your Honor. THE COURT: Cross. CROSS EXAMINATION BY MR. DIEHL: Q Now, you indicated you lived there approximately two years, is that right? A From May of '96 until May of '98. Q Now, the youngest child at issue here today -- I'm sorry, the oldest child at issue here today, Brianna, she wasn't born until October of '96, is that correct? A I ain't sure of the dates. Q So there was several months you lived there and Brianna wasn't there, is that correct? A Right. Q And the majority of the time Doug wasn't there, is that correct, Doug, Jr.? A Right, Doug, Jr. Q Did you ever pay rent? 103 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A On occasion I would give them money, yes. Q Would it be accurate to say you generally didn't? A No, I did. If my brother ran short or whatever, he wanted money, yes, I did. Q You would fill in then? i A Pardon me? Q You would fill in then if he was running short? A Yeah. Q The entire time you were there Lacy was working second shift, is that correct? A Yes. Q So you never actually observed her while she is working first shift? A At work? Q No. You never observed her at home while she's working first shift, is that correct? A No. Q You haven't observed anything at all in over four years, is that correct? A In what four years? Q Since you left -- A No. Q -- in May of '98? A No. I visited them on a couple of occasions since then . 104 ~~ ~s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How frequently? A Just like once a year. Q You said during those two years you saw Lisa, Haley's mother, once? A Yeah. MR. DIEHL: I have nothing further, Your Honor. MS. HUGHES: Nothing further. THE COURT: So you actually were living with your brother and Haley before your brother married Lacy, right? THE WITNESS: No, they were married at the time, Your Honor. THE COURT: They were married when you moved in? THE WITNESS: Yes. THE COURT: You may step down. What date did you tell me you were married, ma'am? THE PLAINTIFF: We were married September of 1996. THE COURT: September 27th, '96? THE PLAINTIFF: Yes. THE COURT: Next witness. MS. HUGHES: Your Honor, I would call Yvonne Melius. Whereupon, YVONNE J. MELIUS, having been duly sworn, testified as follows: 10 5 8 y~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DIRECT EXAMINATION BY MS . H[7GHE5 Q Will you please state your full name and your address. A Yvonne J. Melius, 1026 Station Road, Twin Rocks, and the box number is 227, and the zip code is 15960. Q And are you the mother of Douglas Melius? A Yes. Q Going back to August of last year, will you please describe to the Court your understanding of their move to Cambria County? A That Saturday I came down I brought money to pay for -- to help get things caught up because my son's been very sick, in and out of the hospital. And I went down and tried to do the best in the meantime. So we talked about Doug couldn't keep that job 25 above zero anymore because of his asthma and his throat and his back. He had got hurt before. She always talked about going to college, and I said there is a nice college up there. I said, if Doug can get a job, you know, back here, I said, you can come live with me until you get on your feet and get your own home, but I'll be back here to watch the kids while you go to school and he works. Q Was she in agreement with that? A Yes. In fact, we were supposed to go to -- to 106 ''J V~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 take little Dougie and the kids to Pittsburgh that Wednesday. Q What did you do to prepare your home for them moving in? A Well, I got rid of a lot of stuff that I really didn't need, and I got beds all set up. I got toys. I got some toys in the backyard. I got Brianna into preschool, but it's right in the school so she could go right into, you know, right into kindergarten. And I took her every day, and I take them to parks and, you know, let them fix up their rooms the way they wanted it, you know. Q How many-times did you discuss this with Lacy? A This has been going on for, oh, months. She was tired the way things were going. She would call me on the phone. The kids would be crying. She would be upset. I felt sorry for her. I mean, I'm not going to tell you -- I did think the world of her and she is my -- she is the mother of my grandkids. Q So she would call and say that she was unhappy? A Yeah. And the kids were crying. The kids were crying and she was upset, and I would talk to her. Even the last time I was down there she was really upset. She went off, and I told her, I said, you've got to hang in. I says, with him sick, I said, you've got the kids. I said, you've got to be strong, I said, you know, for everybody. Q Now, when you say she went off, what do you mean 107 1~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, Doug was real sick. He didn't want her to go to work, and that was a Saturday. And no way would she (stay home with him. He was afraid he was going to pass out, and he only has an old, little, dinky truck. If something would happen, he couldn't even take the kids in the truck. And I had got somebody to take me down this time because I took money down, and I didn't want to go down by myself this time. So I had to come home or I would have gladly stayed, you know. I would have gladly stayed there, but I was in a position that I couldn't. Q So you came to Carlisle? A Yeah. Q To give them money? A Yeah. Q And to help Doug because he wasn't feeling well? A Yeah. Q And you discussed their move at that point? A Yeah. We was sitting in the room, and then the next thing I know she -- when Doug asked her to stay home, she just went off. And I left not too long after because I couldn't stand it. I will not get in the middle of my kids' things, because when she wanted to talk to me I always talked to her. Q So when Doug asked her to stay home because he was ~ 108 ~' i4 XYIbIGM~P 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 A Yes. Q And there was words exchanged between Doug and Lacy then? A Yeah. Q And that's when you left because you didn't want to get in the middle? A Yeah, right after I left. Q Who was with you? A A friend of the family's. Well, he's like an adopted son, Bob Davis. Q Okay. Between the time that Doug moved in with you, were you aware of any attempts on Lacy's part to try to contact Doug or the children? A No. We went -- Doug come in real late Wednesday night, and I says where's Lacy because I was -- THE COURT: The question is, after they moved up there, were you aware of any contacts or attempted contacts by the mother with either him or the children? THE WITNESS: No. THE COURT: Next question. BY MS. HUGHES: Q Were you aware if Doug tried to contact Lacy? A Yes, from my phone. Q And how often did he try to contact her? 109 ~ ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 27. 22 23 2A 25 A It went on for maybe three, four weeks, and then lit got to the point that he was feeling so sorry for her because she -- kind of thing, and then I heard what was said on the phone, and he wouldn't call then. She was calling him at work, and he called her once at work and that's how they -- about the kids. Q Okay. So he was able to get in touch with her about the children? A Well, that one time she had that lady saying he was harassing her after he called, and he wouldn't call again. So she started to call him at work, and then they would talk. Then they would call back and forth, and then they would talk to each other. Q To your knowledge, did Doug ever try to keep the children from her during that time? A No. In fact, we went down -- that Sunday right after we went down he called her from my cell phone outside. She was at work, and it was a Sunday. And she said, you talk to my lawyer. We went in the house. She had the computer, sweeper. She took all of the kids' clothes. When Doug brought the kids home, he only had one outfit on them. That's all they had on. And when he went back and went to work, he didn't bring no more clothes. He ,wanted to talk to her and try to get this straightened out. Q What have the children said to you or what has the 110 ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 children's reaction been since they visited mother on a week-on, week-off basis? A What do you mean by that? Q Have the children responded to you in terms of their experience while being with mother? A Yeah, just like what they tell me just like my son. We seen, you know -- we just left it go. You know how kids are. Q No, I'm asking you what they said to you. A Oh. Well, they said that they were mean to them, you know, and they had only one bed to sleep in, and the little boy was sleeping on a mattress because I -- like I said, I have their own rooms all fixed up. THE COURT: You answered the question. Next ,question. BY MS. HUGHES: Q Have you seen signs of physical abuse on the ~IChildren? A I seen them marks on them when Brianna was in school talking to her counselor and he's the one that -- Q Okay. What have you seen in terms of physical marks on the children? A I seen some black and blue marks on them, but, you ~ (know, you just don't want to -- Q Did you see Brianna's lip split? 111 ~ ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Was Dougie's lip ever split? A Yes, and he had a mark right up here. Q Okay. And you saw that? A Yeah. Q And did you ask them what happened? A Yeah. Q And what did they tell you? A Brianna -- Dougie said pap hit him and Brianna. I says, what do you mean? You know, I couldn't believe it. She said, well, grandma got mad at pap, and pap went and throwed beer on the couch and throwed the glass and hit Dougie here. Q What activities have you done with the children since they moved in? A Well, what do you mean? Q Have you enrolled them in the preschool? A Yes. As soon as they come, and she was no contact, I took her over to -- it's called preschool, but it's right in th e main school where she would go to kindergarten, I mean, the p eople and the teachers and everything. It's Blacklick Valley. It's not a preschool like outside of the school. It 's right there. Q So they are in preschool? A Yeah. Q Both of them? 112 ~ (et, _ ; .;~ D ~'9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. Dougie can start preschool this fall, you know, and Brianna will go to kindergarten because she got a diploma or she graduated. Q Do you drive them to school? A Yes, I do. Q Do you pick them up? A Yes, I do. Q Are you home every day while Doug is at work? A Yes. Q And are you desirous of having the children to (continue to live there with you and Doug? A I love my grandkids. That's all I can say. Q So you want them to live with you? A Yes, I do. Q You've heard testimony about how Lacy had treated Haley in the past. Have you observed that yourself? A Haley has -- when I used to go down, Haley would call me aside and tell me some things, and I thought it was because a child, you know, and the new stepmother, you know what I mean. Q What would she tell you? A She would tell me that Lacy would say, well, you ain't blood, you know, you ain't no relation, you know what I mean, different things like that. MS. HUGHES: Nothing further, Your Honor. 113 ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. DIEHL: CROSS EXAMINATION Q Ms. Melius, you indicated that Lacy and Doug had discussed moving for months, is that correct? A I don't know exactly how long. But she wanted to go to Washington, and then she would change her mind. She wanted to go to Maine. And then she knew Doug wasn't able to work there anymore, and he said he was going to have to try to get out. But this way when he got this job, like he said, it was real quick. He didn't lose his seniority down there and his health. That's why he had to take a cut or he wasn't going to be able to work anymore. Q Well, to your knowledge, when did Lacy actually know that Doug was moving to your place? A Oh, she knew -- she knew a good, I would say, two months. Q Two months prior? A Yeah. Q When did Doug actually get the job in Cambria County? A Well, he had an interview. It was -- I can't tell you exactly what day, but the company got him an interview and he went. THE COURT: How long was it after he had the interview that he came up to live with you, if you know? 114 I ~"~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Right off, Your Honor, I really -- it might have been a few weeks. It might have been a month. BY MR. DIEHL: Q So is it your understanding then that Doug was -- that she knew that Doug was moving to Cambria County even before he had a job? A She sat right there on the couch and talked to us. I told her, I said, if Doug has to take this job and you want to go to school, I can't come down and stay because I have my home back here and everything. I'll be willing to baby-sit for you every day, and then you-ins can get your own house after you get your education. I'll help you-ins get along. Then you-ins can go anyplace you want to go in this world, but she always wanted to go to college. Q Does Doug and the children typically share a room at your place? A No, they don't. They go in and climb up on the couch. They watch TV. I have a Playstation. I have two TV's in there. If one wants to play Playstation, they can, and the other one wants to watch TV, they go in there and they have ice cream and that. But I have rooms for every child. Q You have rooms for every child, but do they actually use them I guess is my question? A Yes, they do. Q They do use them? 115 ~_~~ -° ~i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, they do. Except every once in awhile they would go out -- when dad's away, they'll go in and snuggle for an hour or two and watch TV, and then they'll go into the bedrooms. Q Now, you indicated that you noticed some marks on Brianna at times. Has Brianna ever had her lip split at your place? A Yes, Dougie did. Yes, I'll tell you the truth. Q Doug had a split lip a t your place? A No, little Dougie and Brianna. I was in the kitchen cooking, and I come in to check on them and they were horsing. And I said, please don't do that, and before I could get them apart, he bumped his lip on the coffee table. Q Doug bumped his lip? A No, Brianna, Brianna. Dougie's the one that caused it. Q When did that happen? A Oh, I can't -- I don't remember. I~ Q So it is accurate that they will put marks on each other through horseplay? A They are kids. Q To your knowledge, has Lacy ever been physically abusive to the kids? A All I know one day she called me she was hysterical, and the kids were screaming. And she said, mom, I 116 ~~1~ 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 need to talk to you. I said, what's wrong, hon? She said -- I said, what's wrong with the kids? She said, I just give them all a licking, and they were really screaming. But I wasn't there to see it, but that's what she told me. Q She indicated that she had disciplined them with corporal punishment, is that correct? A She said she gave them a licking. So that's all I know. Q Would you characterize that as physical abuse? THE COURT: She said she gave them a licking. That is good enough. Next question, MR. DIEHL: I have nothing further, Your Honor. Thank you. THE COURT: Any redirect? MS. HUGHES: Just one question. REDIRECT EXAMINATION BY MS. HUGHES: Q How often would Lacy call in a distressed state and the kids are crying in the background? A Oh, maybe once, twice, and one time it was real bad. One time it was three. In fact, I went down and stayed. THE COURT: Once or twice you said? THE WITNESS: Yeah, once or twice. BY MS. HUGHES: Q Have you ever heard her threaten to kill herself? 117 ( ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. I even talked to her about it. Q How often did you hear her say that? A At least every time I went down. She called me on the phone, and I would jump in the car after I got everything 'settled and would go down. Q To try to help her? A Yes. Q How often did you do that? A I went down -- she was always Calling me a couple -- two or three times -- two or three times a month, and we would go to the parks with the kids and I would try to, you know. Q What was she struggling with that she needed you to come? A It was always about Doug's first wife. Q About Doug's first wife? A Yeah. MS. HUGHES: Nothing further, Your Honor. MR. DIEHL: No follow-up, Your Honor. THE COURT: Ma'am, you may step down. MS. HUGHES: Your Honor, I just have one more quick witness. Robert Davis. Whereupon, ROBERT EUGENE DAVIS, having been duly sworn, testified as follows: 118 ~"~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DIRECT EXAMINATION BY MS. HUGHES: Q Will you please state your full name and your address. A Robert Eugene Davis, Belsano, PA, 4023 Ben Franklin Highway. THE COURT: What is the name of the town? THE WITNESS: Belsano, B-e-1-s-a-n-o. BY MS. HUGHES: Q Do you live near Doug and his mother? A Yeah, about a mile or two up the road. Q And have you been friends with them for a long time? A All my life. Q Were you at all involved in Doug and Lacy's decision to move to Cambria County? A Yeah, I kind of was. I told them about the colleges they could go to up there. I mean, they were opening up a few new ones, and they were really reasonable rates. Q Did you speak directly to Lacy about it? A Yeah, and Doug. Q And did Lacy show interest in moving? A Yeah, she seemed to. I know they were having financial difficulties, and I sort of tried to add in with the colleges and would help them, you know. 119 ,1,~ ~i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And did you help Yvonne Melius, Doug's mom, prepare her home for them to move in? A Yes, I did. Q What type of preparations were done? A She had boxes of knickknacks and things in different rooms that she said she was going to use for the ,children, and I helped her take some to the garage, some to the cellar. Q And this was with the understanding that both Doug and Lacy were moving in, is that correct? A Yeah, that was my understanding. Q And it was your understanding because of some of the conversations you had with Doug and Lacy? A Yes. Q Did Lacy ever indicate that she did not want to move before up to that point? A Not that I ever seen or heard. MS. HUGHES: Nothing further, Your Honor. THE COURT: Cross-examine. CROSS EXAMINATION BY MR. DIEHL: Q Mr. Davis, when-did you talk to Lacy about moving? A Once would be in July. I know I talked to her when we were down. Q That would be July 2001? 120 ~~~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q So you only spoke to her one time about moving? A No, we talked then in August again. Q Was that before or after the actual move took place? A Excuse me? Q When you spoke to her in August, was that before or after the move actually took place? A That was before the move, yeah. MR. DIEHL: I have nothing further. Thank you. MS. HUGHES: Nothing further. THE COURT: You are excused. MS. HUGHES: Your Honor, I have no other witnesses lat this time. THE COURT: Do you have any rebuttal? MR. DIEHL: Briefly, Your Honor. I would call the mother. FALASHIA LORRAINE MELIUS, recalled. THE COURT: You are still under oath. REBUTTAL DIRECT EXAMINATION BY MR. DIEHL: Q Lacy, you heard earlier testimony concerning Child land Youth Services, is that correct? A Yes. 121 ~`~(.~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you receive any written correspondence from Child and Youth Services? A I received two letters. MR. DIEHL: Your Honor, may I approach? THE COURT: Sure. (Whereupon, Plaintiff's Exhibit No. 1 was marked for identification.) BY MR. DIEHL: Q Lacy, I'm handing you a copy of what's marked as Plaintiff's 1. Could you explain what that is? A This is a letter that I have received from Adams County Children and Youth Services explaining the report of suspected child abuse. Q What's the date of the letter? A The date was May 17th of 2002. Q And what is it -- if you would just summarize what it says. A It just basically summarizes as far as suspected child abuse received by this agency regarding Brianna Melius has been determined to be unfounded. Q To be unfounded. Attached to that letter is a second letter, is that correct? A Yes. Q Also from Adams County Child and Youth? A Yes. 12 2 ~ ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And it's dated May - - I'm sorry, what is it dated? A It's dated May 16th of 2002. Q The day prior. And could you summarize that (letter? A Just basically saying that they received a report of suspected child abuse regarding Brianna Melius, and there would be further investigations. Q Was the May 16th letter the first letter you had received of any investigation by the Child and Youth Services? A Actually, when I received them, they were both stapled together. Q You received them simultaneously? A Yes. MR. DIEHL: May I approach, Your Honor? THE COURT: Yes. (Whereupon, Plaintiff's Exhibit No. 2 was marked for identification.) BY MR. DIEHL: Q Lacy, I'm handing you four photographs that are marked as Plaintiff's No. 2, and I've lettered them on the back A through D. Could you review those, please. Have you seen those before? A Yes. Q Who took those photographs? A My mother. 123 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Were you present when those photographs were taken? A Yes, I was. Q When were those photographs taken? A The picture under letter A was taken on November 26 of 2001 on a Sunday that I picked them up. Q The dates are actually written on the back of the photographs, is that correct? A Yes. Q Were all four of them taken on that same day? A Letter B was taken, letter C, and letter D were all taken on the same day, yes. Q They were all taken on November 26, 2001? A Yes. Q What do those photographs depict? What's on the photographs? A Basically a close-up of my daughter's split lip, that it was red and swollen. Q Those have each been marked as A and B, is that correct? A Yes. Q And, I'm so rry, Brianna's lip was swollen? A Yes, it was split and it was swollen. Q And what do the pictures marked C and D depict? A C and D is showing an inner thigh picture of 124 '~~ Q m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 little Douglas with a pretty good size black and blue mark on his little thigh area. Q Would it be fair to characterize it as a bruise? A Yes. Q And why did you take those photographs? A Because personally I felt something was going on. I mean, I know they are children. They are going to have black and blue marks, but on a Sunday that I get them back it's kind of -- Q So the week prior to you taking those photographs -- I'm sorry, those photographs being taken, they would have been in the father's care, is that correct? A Yes. Q Did you see it necessary to report that to Child and Youth Services at the time? A No, because I thought -- I thought it was just normal childhood marks, you know, how kids fall and hurt themselves. MR. DIEHL: Nothing further, Your Honor. CROSS EXAMINATION BY MS. HUGHES: Q Did Dougie and Brianna say that their father hurt (them? A They told me several different stories. They told me that Haley pushed her down and hit her lip on the coffee 125 I~O D O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 table. She said that Haley punched her in her mouth. She also said that Haley pinched her in the bathtub. So I really cannot answer that truthfully. I really don't know. Q So they told you a lot of different things? A Yes, they told me a lot of different things. MS. HUGHES: Nothing further, Your Honor. THE COURT: You may step down. MR. DIEHL: Thank you, Your Honor. We would call no further witnesses. THE COURT: Any surrebuttal? MS. HUGHES: No, Your Honor. THE COURT: All exhibits of both parties are admitted. The record is closed. Let me take a five minute break. Be sure Pamela has all of the exhibits. I will take 'the argument off the record so Pamela does not have to stay. I will reconvene at noon. (Whereupon, the testimony was concluded at 11:55 a.m.) (Whereupon, argument was held off the record.) 126 f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Pamela R. Sheaffer Official Court Reporter ----------------------------- The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date Edgar B. ayle J. Ninth Judicial District 127 + U~ -'~'! _d.. ~tv~~n~,ts~~3~ ~;~1is~, rr°~N~~~r;a t~` ~~: &i;~k ~ Z:lil3l Z7 A~b'iPL~ k r.i _ ~tJ ~.~n~~tsr~n~ AW~1C,;) ^nhr?~~~W~J ~'1 ~ I I'=1'~ ! Z inn ~Q ~?i~1:~u-(jyll~ ~>~ ~~ l f ~~~~~ • -; ~ - ---- - ~~~5 . _. _~ r ---.: ~ i `~ 1~ ~ ~u c.fvesr,~} 1,1~a ,,L s 14 (o~y (h~rsn and Yeah Ser~ca 100 North Stratton Street Gettysburg, PA 17325 phone (717) 337-0110 fax (717) 337-0616 Peter E. Vriens, MSW Administrator MAY 17, 2002 LACEY MELIUS 10805 CARLISLE PIKE GARDNES, PENNA. 17324 Dear MS MELIUS In compliance with the Child Protective Service Law of Pennsylvania, (Pa. C.S.A. Chapter 63)> Adams County Children and Youth Services is hereby notifying you the report of suspected child abuse received by this agency on PHYSICAL ABUSE regarding BRIANNE MELIUS has been determined to be "Unfounded." According to the Child Protective Services Law, all "Unfounded" reports aze to be expunged after a period of one yeaz, unless your family has been accepted for services. If your family has been accepted for services by Adams County Children and Youth Services, the report will remain on file as "Unfounded" at the office. The report will remain on file for five years upon closure of your case. If you have any questions regarding this matter, please contact me during regular business hours. If I am not available when you call, please leave your name and a telephone number where you can be reached and I will return your call. Si y, Fred Rosen latt Investigator/Caseworker PI-AIMTIFF'S EXHIBIT ~ls~0a' Dn. Adams Count~- Children ~~d YQU Ser~~es 100 North Stratton Street Peter E. Vriens, MSW Gettysburg, PA 17325 phone (717) 337-0110 Administrator fax (717) 337-0616 MAY 16, 2002 LACEY MELIUS 10805 CARLISLE PIKE GARDNERS; PENNA. 17324 Dear MA. MELIUS: On MAY 14, 2002 our agency received a report of suspected child PHYSICAL ABUSE regarding BRIANNE MELIUS. Under Pennsylvania Law (Child Protective Services Law, 23 Pa. C.S.A. Chapter 63} we are required to conduct an investigation of the report. The investigation and its results will be completely confidential. However; if the suspected abuse is homicide, sexual abuse or exploitation, serious bodily injury, or suspected abuse perpetrated by a person who is not a family member or is not a household member, we are required to report to law enforcement officials for criminal investigation. Our investigation will be completed, if possible, within 30 days. If, at that time, the report is determined to be "Unfounded" then the suspected abuse reports identifying you and/or your family are destroyed locally and at the Central Registry in Harrisburg within 120 days. Tf however, your family is accepted for services by Children and Youth, the report will remain on file at the agency, as an unfounded case for five years after the closure of your case. If the report is determined to be substantiated (termed "Indicated" under the law), the report will remain on file until the child reaches the age of 23. At that time the child's name will be removed. However, the perpetrator's name may remain on file indefinitely. If a report is determined "Founded" (by a court decision), the perpetrator's name will remain on file indefinitely. A founded or indicated report may have an effect on the perpetrator's future employment in a child caze service job, under Section 23.1 of the Child Protective Services Law. Upon written request, you have the right to receive a copy of the CY-47 and CY-48, although you cannot receive information which identifies the person who made the report of suspected child abuse or the persons who cooperated in a subsequent investigation. You have the right to appeal a substantiated report at the end of our investigation by contacting the Secretary of the Department of Public Welfare. You must request the appeal within 45 calendar days of the notification from ChildLine informing you of the status of the report. ff you request an appeal of the agency's decision, you may wish to have an attorney represent you during the proceeding. If you cannot afford an attorney, please contact the Court Administrator, Adams County Courthouse, 111 Baltimore St., Gettysburg, PA at 337-9846 to make application for an attorney. If you have any questions about the report, our investigation, or your rights, ask your caseworker or call the agency at 337-0110 weekdays from 8:00 AM to 4:30 PM or call our Emergency Worker through County Control at 334-8101 or 624-8101 after hours. Sincerely, ~~ ~~ Fred Rosen latt Investigator/Caseworker Kim Walker Caseworker Supervisor FALASHIA M~LIUS, Plaintiff v. DOUGLAS A. MELIUS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-5380 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S PRE-TRIAL CONFERENCE MEMORANDUM A. FACTS/HISTORY: The parties aze Falashia Melius (hereinafter "Mother") and Douglas A. Melius (hereinafter "Father"). The parties aze the natural parents of Brianna Hope Melius, born October 28, 1996; and Douglas Dalton Melius, born May 30, 1998 (hereinafter "Children"). The parties separated on August 15, 2001, at which time Father took the Children to the paternal grandmother's home located in Twin Rocks, Cambria Country, Pennsylvania, under the pretense of a routine visit. Father, however had quit his job at Giant Foods, Inc. of Cazlisle, Pennsylvania, without notice to Mother and had intended that this move be a permanent one. In response, Mother filed an Petition for Special Relief on September 14, 2001, from which this Honorable Court entered an Order, dated October 11, 2001, in which the parties were to share custody of the Children on an alternating week basis, with Father providing all of the transportation. Following a Custody Conciliation Conference, Mother agreed to share transportation with exchanges to take place in Breezwood, Pennsylvania, an approximate half-way point between the parties' new residences, and this is the present conditions under which the parties are currently operating. Father's initial move was ill planned, and in bad faith, and even now, after more than nine months, Father has still not provided proper housing for himself and the children. The Children have lived all of their lives in South Central Pennsylvania, during which time Mother exercised her duties as the primary caregiver. Even at the present, the Children are primarily reared by their paternal grandmother while in Father's custody. In spite of Mother's attempts to accommodate Father through this unfortunate circumstance, Father continues to level unsubstaritiated accusations at Mother's parenting abilities. The most recent incident manifested itself in a May 13, 2002, Petition for Emergency Relief in which Father alleged that the Children were the subject of abuse while in Mother's care, and consequently Father contacted Adams County's Children & Youth Services with his accusations. After Adams County's Children & Youth Services discussed the accusations with Mother, and learned that the parties were pending a custody hearing, Children & Youth Services appropriately deemed the accusations unfounded. Furthermore, this Honorable Court denied Father's Petition for Emergency Relief via an Order dated May 15, 2002. B. NAME AND AGE OF THE CHILDREN: Brianna Hope Melius Born: October 28, 1996 Age: 5 years Douglas Dalton Melius Born: May 30, 1998 Age: 4 years C. MOTHER'S POSITION: Mother has always desired to continue her status as the primary caregiver of the children, and accordingly desires that the Court to enter an Order acknowledging this history in awarding her primary physical custody of the Children. During the pendency of this proceeding, Mother has been agreeable to an alternating week schedule. However, as the Children reach school age, this alternating week schedule would be unrealistic. Furthermore, Father's repeated pattern of _,.x; attacking Mother's character and belittling Mother's parenting abilities before the Children has created problems on an alternating week basis. Mother requests that, should Father desire to continue residing in Cambria County that he would exercise custody on an alternating weekend schedule, and receive two months of custody during the summer. Mother would agree to continue meeting Father in Breezwood during custody exchanges. Mother believes that the parties would be able to equitably divide the holidays between themselves, and submit a proposal to the Court in writing. D. NAMES AND ADDRESSES OF FACTUAL WITNESSES: Mike Myers, Maternal Grandfather 10805 Carlisle Pike Gardners, PA 17324 Alberta Whitmer, Maternal Grandmother 10805 Carlisle Pike Gardners, PA 17324 The grandparents will testify to Mother's history of being the primary care provider, and their observations of Father's attempts to undermine Mother in the eyes of the Children. Respectfully submitted, Date: June 3, 2002 Thomas S. Diehl, Esquire Attorney for Plaintiff One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717)240-0833 ID No. 78942 CERTIFICATE OF SERVICE I hereby certify this 4h day of June 2002, that a true and correct copy of the foregoing document was served on the following individual by hand-delivering a copy to an agent of the Court Administrator's Office for: Hon. Edgar B. Bayley Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 and by hand-delivering a copy to the Courthouse mailbox of: Rebecca Hughes, Esquire Attorney for Defendant By erly L. Hou Legal Assistant FALASHIA MELIUS, : IN THE COURT OF COMMON LEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. DOUGLAS A. MELIUS, Defendant I. HISTORY No.: 2001-5380 Civil Action -Law In Custody PRE-HEARING MEMORANDUM The parties to this action are Falashia Melius (mother) and Douglas A. Melius (father). The parties were married on September 27, 1996 and separated on August 15, 2001. They are the natural parents of two minor children, Brianna H. Melius, born October 28, 1996 and Douglas D. Melius, born May 30, 1998. Prior to the parties separating, they had agreed together to move in with the paternal grandmother in Cambria County, with the understanding that they would permanently relocate in that area. During this process, the mother decided that she did not want to move to Cambria County, but instead, decided to separate from father. Father had no choice but to stay in Cambria County since he had already made a job change. The children were with father at this time. Father attempted to contact mother after the separation, but was unable to reach her. No attempts were made by mother to contact father or the children until a petition was filed by mother on September 17, 2001. Even between the time the petition was filed and a hearing was held before this Honorable Court, no attempts were made by mother to contact father or the children. On October 11, 2001, this Honorable Court entered an Order whereby the parties would share custody of the minor children until a full hearing on the merits is heard. This Order was farther modified after a conciliation conference was held. II. WITNESSES: A. Douglas A. Melius: Father of children. Will testify relative to the care of the minor children both during the marriage and after date of separation. B. Yvonne Melius: Paternal grandmother. Will testify regarding the plans of the parties to move to Cambria County, as well as the care of the minor children during the marriage and after date of separation. C. Robert E. Davis: Neighbor of Yvonne Melius. Will testify regarding the preparation and planning of the parties prior to moving to Cambria County. D. Roy Melius: Brother of father. Will testify regarding the time period during which he resided with the parties and their children. E. Kathy Gorba: Children & Youth Caseworker. Will testify regarding the children's complaints of living with the maternal grandparents. III. FATHER'S POSITION ON CUSTODY The father feels strongly that the best interests of the minor children will be served if they reside primarily with him. The children have a half sister who they have resided with since birth, and have much stability with their father. Mother has repeatedly shown mental instability and an intolerance for the children. Additionally, the children have a strong preference to live primarily with father. There have been incidences of physical abuse which have taken place while the children were with the mother, who currently live with her parents. Respectfully submitted, McICNIGHT & HUG eb cca R. Hughes, Esquire 60 West Pomfret Street Carlisle, PA 17013 Supreme Court ID No. 67212 Attorney for Defendant, Douglas A. Melius Date: July 4, 2002 Y CommonwealthCourt of Pennsylvania Charles R. Hostu[ler - Room G24- Su[h Ploor Depu[y Prorhoaocary/Chief Clerk Harrisbure. PA 17120 January 24, 2003 _ rl~-sss-lsso Notice of Discontinuance of Action RE: Lettermen, Inc. v. Bd. of Spvs. of Silver Sp. Twp Appeal of: Type of Action: Notice of Appeal No. 3033 CD 2002 - - - -- - Cumberland County Court of Common Pleas Agency Docket Number: 01-5876 - ,i The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name Party Name Party Type George Bryan Salzmann, Esq. Steven Allen Stine, Esq. Lettermen,- Inc. Township of Silver Spring Appellee -Appellant Certifiied from the Record JAN 2 4 2003 and Order Exit C'> ca C.J T ~ ~~` ~ -f ~~ `~, ~ _ ~t~ ~ •V T Ti ..~, ~-. - r - v3 r Commonwealth Court of Pennsylvania January 2, 2003 RE: Lettermen, Inc. v. Bd. of Spvs. of Silver Sp. Twp No.: e C nII2 Agency Docket Number: 1- 6- . = 8 Filed Date: December 23, 2002 Notice of Docketing Appeal A Notice of Appeal, a copy of which is enclosed, from an order of your court has bean docketed in the Commonwealth Court of Pennsylvania. The docket number in the Commonwealth Court is endorsed on this notice. The Commonwealth Court docket number must be on all correspondence and documents filed with the court. Under Chapter 19 of the Pennsylvania Rules of Appellate Procedure, the Notice of Appeal has the effect of directing the Court to transmit the certified record in the matter to the Prothonotary of the Commonwealth Court. The complete record, including the opinion of the trial judge, should be forwarded to the Commonwealth Court within forty (40) days of the date of filing of the Notice of Appeal. Do not transmit a partial record. Pa.R.A.P. 1921 to 1933 provides the standards for preparation, certification and transmission of the record. The address to which the Court is to transmit the record is set forth on Page 2 of this notice. Notice to Counsel A copy of this notice is being sent to all parties or their counsel indicated-on the proof of service accompanying the Notice of Appeal. The appearance of all counsel has been entered on the record in the Commonwealth Court. Counsel has thirty (30)-days from the date of filing of the Notice of Appeal to file a praecipe to withdraw their appearance pursuant to Pa. R.A.P. 907 (b). - - Appellant or Appellant's attorney should reviely the record of the trial court, in order to insure that it is complete, prior to certification to this Court. (Note: A copy of the Zoning Ordinance must accompany records in Zoning Appeal cases). The addresses to which you are to transmit documents to this Court are set forth on Page 2 of this Notice. If you have special needs, please contact this court in writing as soon as possible. Attorney Name Party Name Party Type George Bryan Salzmann, Esq. Lettermen, Inc. Appellee Steven Allen Stine, Esq. Township of Silver Spring Appellant i _ r LETTERMEN, INC., Appellant v. BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHII' Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAEJA NO. 01-5876 NO. 01-5877 -CONSOLIDATED LAND USE APPEAL • - n ~~, - c= ~~ ~~ C ~ ~~~ L ~ J -.y' r i ~~ ~,. t_~ J _ T -l NOTICE OF APPEAL ~~'-- ,; _, -~ ._ Notice is hereby given that the Township of Silver Spring, Appellee above named, hereby appeals to the Commonwealth Court of Pennsylvania from the Order entered on the 5th day of December 2002. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. Dated: ~Z, Z3 ~'- 23 Waverly Drive Hummelstown, PA 17036 (717)903-1268 SOLICITOR FOR THE BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP Respectfully submitted, ~ e. 6 c; d s~ ni ~ c_ =g ~ z, .~ ~a- ~ ~ ~ `f ~}t-~ { :--~ 3:. - -r: C` - CJ~ 4 4 V ~~ w LETTERMEN, INC., IN THE COURT OF COMMON PLEAS Appellant :CUMBERLAND COUNTY, PENNSYLVAINA v NO.O1-5876 NO. 01-5877 -CONSOLIDATED BOARD OF SUPERVISORS OF :LAND USE APPEAL SILVER SPRING TOWNSHIP Appellee NOTICE OF APPEAL Notice is hereby given that the Township of Silver Spring, Appellee above named, hereby appeals to the Commonwealth Court of Pennsylvania from the Order entered on the 5th day of December 2002. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. Respectfully submitted, Dated: ~ 2-3 (~ Hummelstown, PA 17036 (717)903-1268 SOLICITOR FOR THE BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHIP 23 Waverly Drive ~,: P`IS510 Cumberland County Prothonotary~s Office page 1 Civ il Case Inquiry 2001-05876 LETTERMEN INC (vs) SILVER SPRING TOWNSHIP BD OF Reference No..: Case Tye:....: APPEAL - MISC J d Filed........: Time.........: 10/10/2001 4:02 u gmen ... .00 Judge Assigned: Execution Date Jury Trial.... 0/00/0000 Disposed Desc.: ------------ C se C - t Disposed Date. 0/00/0000 a ommen s -- ---------- Higher Crt 1.: Higher Crt 2.: ******************************* ************************************* ************ General Index Attorney Info LETTERMEN INC APPELLANT SALZMANN G BRYAN 716 N WEST STREET CARLISLE PA 17013 SILVER SPRING TOWNSHIP BOARD APPELLEE OF SUPERVISORS 6475 CARLISLE PIKE MECHANTCSBURG PA 17055 *******,r************************************************************************ * Date Entries * *******~*********************************************:r+************************* FIRST ENTRY - - - - - - - - - - - - - - 10/10/2001 NOTICE OF LAND USE APPEAL ------------------------------------------------------------------- 10/10/2001 WRIT OF CERTIORARI ------------------------------------------------------------------- 1/18/2002 RETURN OF WRIT OF CERTIORARI - BY SUE ELLEN ADAMS SILVER SPRING TWP SECRETARY ------------------------------------------------------------------- 2/08/2002 JOINT MOTION TO CONSOLIDATE ------------------------------------------------------------------- 2/11/2002 ORDER OF COURT - DATED 2/8/02 - IN RE JOINT MOTION TO CONSOLIDATE THE ABOVE MATTERS FILED BY THE PARTIES HERETO IT IS ORDERED THAT THE MOTION IS GRANTED AND THE MATTER IS HEREBY CONSOLIDATED - BY THE COURT J WESLEY OLER iTR J COPIES MAILED 2/11/02 ----------------------------------------------------- -------- 2/25/2002 PRAECIPE FOR LISTING CASE FOR ARGUMENT - LAND USE APPEAL CONSOLIDATED BY 2/8/01 ORDER - BY G BRYAN SALZMANN ESQ ------------------------------------------------------------------- 3/27/2002 MOTION TO AMEND RECORD - BY G BRYAN SALZMANN ESQ ------------------------------------------------------------------- 4/02/2002 APPELLEE'S RESPONSE TO APPELLANT'S MOTION TO AMEND RECORD - BY STEVEN A STINE ESQ ------------------------------------------------------------------- 4/04/2002 PROPOSED ORDER - DATED 4/3/02 - IT IS HEREBY ORDERED AND DECREED THAT UPON CONSIDERATION OF APPELLANT'S MOTION TO AMEND THE RECORD TO INCLUDE AFFIDAVITS OF STEVEN J FISHMAN ESQ A HEARING IS SCHEDULED ON 4/16/02 AT 3:00 PM IN CR 3 FOR THE PURPOSES OF WHETHER OR NOT TO RECEIVE SUCH EVIDENCE - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED ------------------------------------------------------------------- 12/05/2002 OPINION AND ORDER OF COURT - DATED 12/5/02 - IN RE LAND USE APPEAL FROM SILVER SPRING TOWNSHIP BOARD OF SUPERVISORS GRANT OF REVISED SUBDIVISION PLAND ADN LAND DEVELOPMENT PLAN - BY THE COURT GEORGE E HOFFER-PJ COPIES-MAILED 12/5/02 - - - LAST ENTRY ******************************************************************************** * Escrow Information * Fees & Debits Beq* Bal Py*mts/Ad~ End Bal ******:r************************* ******** ****** ******************************* APPEAL MISC 35.00 35.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 45.50 45.50 .00 *******:r************************************************************************ * End of Case Information ~ Pl'5510 Cumberland County Prothonotary's Office Page 2 Civil Case Inquiry 2001-05876 LETTERMEN INC (vs) SILVER SPRING TOWNSHIP BD OF Reference No..: Filed........: 10/10/2001 Case Ty e.....: APPEAL - MISC Time.........: 4:02 Judgmen~..... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: :e**~*****************~********************************* *******,r**************** TRUE (~P'Y ~M RED ~n T~imony a~eoA,1 h~rr uMO 8~ rtry ~0 snd rhea _ of sa~d~~~ut~t C,arliale~~~ ... ~ ~,~r.n ~ __ _ __ _ Pl~'5510 Cumberland County Prothonotary 's Office Page 1 Civil Case Inquiry 2001-05877 LETTERMEN INC (vs) BOARD OF SUPERVISORS Reference No..: Filed........: 10/10/2001 Case Type.....: APPEAL - MISC J d Time.........: 4:03 u gment..... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: *************************************************** ***************** ************ General Index Attorney Info LETTERMEN INC APPELLANT SALZMANN G BRYAN 716 NORTH WEST STREET CARLISLE PA 17013 SILVER SPRING TOWNSHIP BOARD APPELLEE OF SUPERVISORS 6475 CARLISLE PIKE MECHANICSBURG PA 17055 * Date Entries 10/10/2001 NOTICE OF LAND USE APPEAL FIRST ENTRY - - - - - - - - - - - - - - ------------------------------------------------------------------- 10/10/2001 WRIT OF CERTIORARI ------------------------------------------------------------------- 1/18/2002 RETURN OF WRIT OF CERTIORARI - BY SUE ELLEN ADAMS TWP SECRETARY ------------------------------------------------------------------- 2/08/2002 JOINT MOTION TO CONSOLIDATE ---------------------- -------------------------------------- 2/11/2002 ORDER OF COURT - DATED 2/8/02 - IN RE JOINT MOTION TO CONSOLIDATE THE ABOVE MATTER FILED BY THE PARTIES HERTO IT IS ORDERED THAT THE MOTION IS GRANTED AND THE MATTER IS HEREBY CONSOLIDATED - BY THE COURT J WESLEY OLER JR J COPIES MAILED 2/11/02 ----------------------------------------------- ---------- 2f25/2002 CONSOLIDATED BYS2/8/OlAORDERR- BYUGEBRYANBSALZMANNSESQPFORLS APPELLANT ---------------------------- ------------- ---------- 4/02/2002 APPELLEE'S RESPONSE TO APPELLANT'S MOTION TO AMEND RECORD - BY STEVEN A STINE ESQ - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - **********:r********************************************************************* * Escrow Information * Fees & Debits Be*q Bal Pmts/Ad~ End Bal APPEAL MISC 35.00 35.00 .00 TAX ON APPEAL .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 ------------------------ ------------ 45.50 45.50 .00 **********:r********************************************************************* * End of Case Information **************:r***************************************************************** ~~ ( ~~M 14~+" `d !fl t '' ~ Iwre INiAiO Set Pik .. - ~ T da ~ ~dx-0.~ •- v LETTERMEN, INC., Appellant v. BOARD OF SUPERVISORS OF SILVER SPRING TOWNSHII' Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAINA NO. 01-5876 NO. 01-5877 -CONSOLIDATED LAND USE APPEAL CERTIFICATE OF SERVICE I, STEVEN A. STIlVE, ESQUIItE, do hereby certify that I served a true and correct copy of the foregoing Notice of Appeal upon the following below-named individuals by depositing the same in the U.S. Mail, first class postage pre-paid at Hummelstown, Dauphin County, Pennsylvania this ~y~ day of D~G2Jw.,~d~, 2002. SERVED UPON: The Honorable George E. Hoffer Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 G. Bryan Salzman, Esquire Salzman, DePaulis, Fishman & Morgenthal 455 Phoenix Drive, Suite A Chambersburg, PA 17201 Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 23 Waverly Drive Hummelstown, PA 17036 (717)903-1268 I.D. No. 44859 _~ '.~r~S~NNei ~1F"l.F+'pYCGx ~Bl33rtR A -."'~.. .. .._.~- 4 ..4n3".SE@dY1 - ~b~yasuu JeBil^!m4.5C~#ffTe'1$&~-P~"35' ~. ~ a 'SY f7 CJ ~~ `~ ~ ~„ VVV ('\ ~~rr O ~._ _ `-`_ ~ `~ O ~_ ~ ~ ( \ J ~ ~ 7 ~ ?~ a 3 ~~ ~~ CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: FALASIiIA MELIUS V. DOUGLAS A. MELIUS NO.Ol-5380 CIVIL TERM 1144 MDA 2002 The documents comprising the record have been numbered from No. 1 to 181 and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 9-3-02. l U-~,L.- l C s R. Long, Pr o tary Jane H. Spading, Dpty. An additional cony of this certificate is enclosed. Please si¢n and date copy, thereby acknowledainE receipt of this record. Date Signature & Title i>;: PYS510 Cumberland County Prothonotary's Office Page Civil Case Inquiry 2001-05380 MELIUS FALASHIA (vs) MELIUS DOUGLAS A Reference No..: Filed........: 9/14/2001 Case Type.....: COMPLAINT - CUSTODY Time........ 3:43 Judgment..... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt l.: 1144 MDA200: Higher Crt 2.: x**x~**x**:t:t~x~x~****,:~+**x**:~+~***++++*****++:**:r:r***~~~~:r+***„:+***x*~~xx~+:+- General Index Attorney Info MELIUS FALASHIA PLAINTIFF DIEHL THOMAS S 10805 CARLISLE PIKE GARDNERS PA 17324 MELIUS DOUGLAS A DEFENDANT PO BOX 227 STATION ROA D TEIN PEAKS PA 19560 *****~+:t+:r:tx:tt*~*~~:r:r*x**~~~~~r~~~:t:t:tx*~~++:txwx***re:t:t:t~~:t:t~+:t~**f*~:t :t :t~~:t+:t *,r :t s * Date Entries :F:t+*ir:Ftt,t:tt,t*+:t*~*t*:t:t:t~~x**x****t:t:t:t:t:t:t:t,t,t:t:t*,t*:r:r,t~r~~+**:t~x++~+:t :t*rt:t :tx~**x+:t+~ PAGE N0. - - - FIRST ENTRY - - - - - - - - - - - - - - 1 - 5 9/14/2001 COMPLAINT - CUSTODY -------------------------------------------- ------ 6 - 9 9/14/2001 PETITION FOR EMERGENCY RELIEF - BY THOMAS S DIEHL ESQ ------------------------------------------------------------------- 10 9/19/2001 ORDER OF COURT - DATED 9/19/01 - IN RE COMPLAINT FOR CUSTODY - HEARING AT 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE PA AT 1:30 PM FOR THE COURT JACQU$LINE M VERNEY $SO FOR CUSTODY 11 9/19/2001 ORDER OF COURT G- DATED 9/19/01 - IN RE PETITION FOR EMERGENCY COPIES MAILEDI9/20%91/01 9:30 AM CR 2 - BY EDGAR B BAYLEY J - --------------------------~~--~~--------------------------------------- 12 9/26/2001 ORQRESPECIAL RELIEFAINDTH~2A$OVE REFERENCEDEMATTER SETO ORE9/27E%O1NG AT~:30 AM HAS BEEN RESCHEDULED FOR 10/11/O1 AT 1:30 PM IN CR 2 OF THE CUMBERLAND COUNTY COURTHOUSE LISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 9/26 O1 ------------------------------------------------------------------- 13 10/15/2001 ORDER OF COURT - DATED 10/11/O1 - THIS MATTER HAVING COME BEFORE THE COURT ON A PETITION FOR EEMERGENCY RELI F THE RELIEF IS GRANTED STARTING THIS SUNDAY 10/14/01 AT NOON THE HILDREN SHALL BEE WITH EACH PARENT ON WEEK ON/WEEK OFF BASIS WITH THE MOTHER HAVING THIS UPCOMING WEEK STATING AT NOON 10/14 THE FATHER SHALL PROVID ALL -TRANSPORTATION PENDING FURTHER ORDER OF COURT FOLLOWING A CONCILIATION HEARING -BY THE COURT EDGAR B BAYLEY J COPIES NAILED ------------------------------------------------------------------- 14 - 17 10/24/2001 CUSTODY CONCI/LIATION CONFERENCE SUMMARY REPORT AND ORDER OF COURT CUMBERLAND/COUNTY COURT OUSE ON 12H2D7 OIDATN8~452AMF-TBY THE COURT EDGAR B BAYLEY J COPIES MAILED 10/~3/O1 ------------------------------------------------------------------- jg 11/27/2001 ORDER OF COURT - DATED 11/27/01 - IT IS ORDERED THAT THE CUSTODY HEARING CURRENTLY SCHEDULE FOR 12/27/01 IS CANCELLED AND RESCHEDULED FOR 2/6/02 AT 8:45 AM IN CR 2 CUMBERLAND COUNTY COURTHOUSE AT 8:45 AM IN CR 2 OF THE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 11/27/01 1g 4/16/2002 ORDER OF COURT - DATED 4/15/02 - IT IS ORDERED THAT THE CUSTODY HEARING CURRENTLY SCHEDUT,ED FOR 4/17/02 IS CANCELLED AND RESCHEDULED FOR 6/6/02 AT 8:45 IN CR 2 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 4/16/02 --------------------------------------- ------- 21 - 24 5/10/2002 PETITION FOR SPECIAL RELIEF - BY REBECCA HUGHES ESQ \ ------------------/-/------------------------------------------------ 20 5/15/2002 DENIED _DBYEDHE/COfTRT EDGAR BEBAYLEY JOCOPIESGMAILEDES/ES/02 ------------------------------------------------------------------- 25 - 31 5/23/2002 SHERIFF'S FILE RETURNED FILED. _ _ ~ _ _ ,~ ~.; -- -- '~ PYS510 Cumberland County Prothonotary's Office Page ` Civil Case Inquiry 2001-05380 MELIUS FALASHIA (vs) MELIUS DOUGLAS A Reference No..: Filed........: 9/14/2001 Case Tye:....: COMPLAINT - CUSTODY Time.........: 3:43 d Ju gmen ... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Com nts ----- me -------- Hi her Crt 1.: 1144 MDA2002 P1~ ~~ g Hi her Crt 2.: Case T e: SUBPOENA Ret T y~ ype.: Out of County Li i t gan .: MYERS MICHAEL Address..: 10805 CARLISLE PIKE - SERVED 5/20//02 REFUSED SERVICE Ct /S /Z AR y t G DNERS, PA 17324 SUBPOENAS W$RE LEFT WITH DEFTS Nm C t D oun y : A AMS Date : ~0 22 2 : Cost $ Pd ?5 By: REBECCA HUGHES 05/23/2002 25 - 31 ------------------------------------------------------------------- 5/23/2002 SHERIFF'S FILE RETURNED FILED. Case T e: SUBPOENA Ret Type.: Out of County e s 1 R L Addr s O805 CAR : ISLE PIKE -SERVED 5 20/02 REFUSED SERVICE St y/ /Zp: GARDNERS, PA 17324 OF SUBPOENAS -LEFT WITH DEFTS nD em 05 23 Ret : at % /2002 Costs....: $16.00 Pd By: REBECCA HUGHES 05/23/2002 32 - 43 // I ------------------- RE CUSTODY - BY 6/18/2002 OHENCOURTE GARE B L YR IE ~0 D 3 D B AY E J COP MAILE 6/18 S 02 44 - 50 ------------------------------------------------------------------- 7/17/2002 SUPERIOR COURT - BY EDWARD R LEGATES ESQ AND HA OF O E IC NTON ESQ M EL F 51 - 53 ------------------------------------------------------------------- 7/31/2002 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 1144 MDA 2002 ------------------------------------------------------------------- 53-A 8/06/2002 PRAECIPE FOR WITHDRAWAL OF APPEARANCE FOR PLAINTIFF BY THOMAS S DIEHL ESQ 53-A ------------------------------------------------------------------- 8/06/2002 PRAECIPE FOR ENTRY OF APPEARANCE FOR PLAINTIFF BY MICHAEL F FENTON ESQ 54 - 180 ----------------------------------------------------------------- g/21/2002 TRANSCRIPT LODGED 54 - 180 ------------------------------------------------------------------- 8/27/2002 TI~ I PT FILED TS C R - - ~\ ~ ~ ~ - - - LAST ENTRY - - - - - - - - - - - - - - H D 181 ~ RANID EXH~s APID P'J **********x**x****************************************************************** * Escrow Information * Fees & Debits Be q Bal Pmts/Add End Bal * ******************************** ******** ****** ******************************* CUSTODY AGMT 85.00 85.00 .00 TAX ON AGMT_ .50 .50 .00 SETTLEMENT 5.00 5.00 .00 CUSTODY FEE 4.00 4.00 .00 CUSTODY FEE-CO 1.00 1.00 .00 JCP FEE 5.00 5.00 .00 SPEC RELIEF CUS 50.00 50.00 .00 SPEC RELIEF CUS 50.00 50.00 .00 APPEAL 30.00 30.00 .00 ----------- - -- ----- --------------- - - 230.50 230.50 .00 * End of Case Information M TestNnony whereof, I here umo set my hand ,: _ u. Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of CUMBERLAND in the Commonwealth of Pennsylvania 1144 MDA 2002 to No. 01-5380 CIVIL Term, 19 is contained the following: COPY OF COMPLETE DOCKET ENTRY FALAS I3IA _ME L I UB v. DOUGLAS A. MELIUS ~~ SEE ATTACHED CERTIFIED DOCKET ENTRIES. _:,.~. .:._. ~~, _, __ a _ . ~~~:.~~ Commonwealth of Pennsylvania County of Cumberland ss Curtis R. Long 1, ,Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case Cther m,stated, wperein Falas~tia Melius In TESTIMONY WHEREOF, I have hereunto this 3rd Plaintiff, and Douglas A. Melius Defendant , as the same remains of record before the said Court at No. ~^ 1-~~~ of ~; <,; t Term, A. D. 19-. set my hand and affixed the seal of said Court day yfj September 9 A. D., 1920112 . ~. I George E. Hoffer pr~dent Judge of the `PVintls~~ ~ ~ Judicial District, composed of the County of Cumberland, do certify that Curtis R. Long by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and a~ffixed the seal of the Court of Common Ple~s o(said ~ounty, was, at the time of so doing, and now is Prothattotary in and for said County of umpper andd in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts ofjudicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by th p o is P sident lodge Commonwealth of Pennsylvania County of Cumberland ss: I Curtis R. Long ,Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable George E. Hoffer. P.J. by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 3rclday of ptembe;( p. ~~102 ~>y; ~ ~,,,t~t _A ~~w. // .~~ Prothunolarv