HomeMy WebLinkAbout99-04750
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DEBRA A. BROUGH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MELVIN H. MELLOTT
DEFENDANT 99-4750 CIVIL ACTION LAW
IN CUSTODY
AND NOW, Monday, August 06, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse Carlisle on Friday, August 31, 2001
at 10:30 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
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/ jjtiho.r Y / i?F.f4
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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DEBRA A. BROUGH,
Plaintiff/Respondent
V.
MELVIN H. MELLOTT,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4750 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW THIS _ day of 2001, upon consideration of
the attached complaint, it is hereby directed that the parties and their respective
counsel appear before , the conciliator, at
on the _ day of , 2001 at _
A.M./P.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be
made to resolve the issues in dispute; or if this cannot be accomplished, to define and
narrow the issues to be heard by the court, and to enter into a temporary order. All
children age five or older may also be present at the conference. Failure to appear at
the conference may provide grounds for entry of a temporary or permanent order.
BY THE COURT,
BY
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the court, please contact our office. All arrangements must be made at
least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent _ CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 99-4750 CIVIL TERM
MELVIN H. MELLOTT,
Defendant/Petitioner IN CUSTODY
PETITION FOR MODIFICATION OF AN
EXISTING CUSTODY ORDER
1) Petitioner is Melvin H. Mellott, Defendant in a custody action brought by
Debra A. Brough.
2) Since the parties separation and for the past several years, the parties
had an equal shared custody arrangement which was agreeable to both parties. When
their child Tyler W. Mellott, born June 17, 1995 was to begin kindergarten the parties
reached an understanding that he would reside primarily with his mother due to her
proximity to a school. A copy of the Order implementing the agreement is attached
hereto.
3) Within the past year the Petitioner has purchased his first home and
wishes to reinstate the weekly shared custody now that his son will be in the first grade
and attending school all day long.
4) The Petitioner has also had the full burden of transporting his son to and
from the parties respective homes.
4) This Order should be modified because: the Petitioner should have equal
time with his son and the parties should equally share the burden and cost of
transportation at all times of transfer of custody.
WHEREFORE, Petitioner through his attorney, Robert L. O'Brien,
Esquire, respectfully requests that the court set an hearing to establish a shared
custody order and direct the parties to equally share the transportation in the exchange
of custody.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
By: ::2C ?p??
Robert L. O'Brien, Esquire
I.D. # 28351
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
I verify that statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 PA.
C.S. Section 4904, relating to unsworn falsification to authorities.
MELVIN H. MELLOTT
robldoMme!lottmod. pat
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
Petitioner
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99-4750 CIVIL TERM
MELVIN H. MELLOTT,
Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this 3-ri'day of 2000, upon consideration of the Stipulation
entered by the patties, it is hereby ordered as follows:
All previous orders regarding custody in this case are vacated.
2.
The parties hereby agree that the best interest of Tyler W. Mellott is that the parents have
shared legal custody of Tyler W. Mellott with primary physical custody awarded to the mother,
Debra A. Brough. Tyler W. Mellott will be involved in the Big Spring School District.
3
Father will enjoy periods of temporary physical custody of Tyler W. Mellott as follows:
a. Alternate weekends beginning Friday, August 4, 2000 at 5:00 p.m. until
Sunday evening at 8:00 p.m.;
b. During the week following the weekend custody, Father will enjoy two
(2) evenings of temporary physical custody to be selected by the parties.
Each evening will be from 5:00 p.m. to 8:00 p.m.; and
c. Alternating holidays including Christmas Eve, Christmas Day, Easter,
Thanksgiving, Memorial Day, 4th of July and Labor Day.
4.
The parties agree that the existing Order for Support at Cumberland County Domestic
Relations will be suspended. The parties also agree Father will be obligated to pay 60% of
Tyler's unreimbursed medical and dental expenses that Mother will be entitled to claim Tyler W.
Mellot as a federal income tax exemption each year for preparation of her taxes.
5.
It is expressly agreed that Tyler W. Mellott will not be in the presence of Krista Day, the
daughter of Pagan L. Day. Any violation will result in a suspension of Father's periods of
temporary custody until reviewed by the Court.
BY THE COURT:
TRUE rr py rRe)M RECORD
In Testimony vhcreof, I h-re unto set my hand
and the seal of said ourt at Carlisle, Pa.
Thi ..............
?&ZVI ........ y....,
Pr thonetary
DEBRA A. BROUGH.
Petitioner
V.
MELVIN H. MELLOTT,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99- 4750 CIVIL TERM
IN CUSTODY
CUSTODY STIPULATION
AND NOW, this _? of May, the parties, Debra A. Brough and Melvin H. Mellot.
hereby enter into the following Stipulation regarding the custody of Tyler W. Mellott, born June
17, 1995, age 4 years.
The natural mother is Debra A. Brough, an adult individual residing at 33 Maple Avenue,
P. O. Box 42, Walnut Bottom, Pennsylvania 17266.
2.
The natural father is Melvin H. Mellott, an adult individual residing at 467 Pine Grove
Road, Gardners, Pennsylvania 17324.
3.
The parties are the natural parents of Tyler W. Mellott, born June 17, 1995 age 4 years.
4.
The parties hereby agree that the best interest of Tyler W. Mellott is that the parents have
shared legal custody of Tyler W. Mellott with primary physical custody awarded to the mother,
Debra A. Brough. Tyler W. Mellott will be involved in the Big Spring School District.
5.
Father will enjoy periods of temporary physical custody of Tyler W. Mellott as follows:
a. Alternate weekends beginning Friday, August 4, 2000 at 5:00 p.m. until
Sunday evening at 8:00 p.m.;
b. During the week following the weekend custody, Father will enjoy two
(2) evenings of temporary physical custody to be selected by the parties.
Each evening will be from 5:00 p.m. to 8:00 p.m.; and
c. Alternating holidays including Christmas Eve. Christmas Day, Easter,
Thanksgiving, Memorial Day, 4th of July and Labor Day.
6.
The parties agree that the existing Order for Support at Cumberland County Domestic
Relations will be suspended. The parties also agree Father will be obligated to pay 60% of
Tyler's unreimbursed medical and dental expenses that Mother will be entitled to claim Tyler W.
Mellot as a federal income tax exemption each year for preparation of her taxes.
7.
It is expressly agreed that Tyler W. Mellott will not be in the presence of Krista Day, the
daughter of Pagan L. Day. Any violation will result in a suspension of Father's periods of
temporary custody until reviewed by the Court.
S.
Intending to be legally bound, the parties agree to the entry of an Order of Court.
WHEREFORE, intending to be legally bound, the parties enter their hands and seals as
first set forth above.
(SEAL)
A. IG III, ESQ. DEBRA A. B D GH
) `6 iyL(/&, SEAL)
ROBERT L. O'BRIEN, ESQ. MELVIN H. MELLO T
SEP 0 4 2000
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff' CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
MELVIN 11. MELL07T, NO.99-4750 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this 4 lay of September. 2001, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
A hearing is scheduled i Courtroom No. 2 of the Cumberland County Courthouse
on the J54k day of C (tiac. 2001, at F: Y_6 .M. at which
time testimony will be taken in the above case. At this hearing, the Father, Melvin
H. Mellott, shall be the moving party and shall proceed initially with testimony.
Counsel for the parties shall the with the court and opposing counsel a memorandum
setting forth the history of custody in this case, the issues currently before the court.
each parties position on those issues, a list of witnesses who will be called to testify
at the hearing and a summary of the anticipated testimony of each witness. This
memorandum shall be tiled at least five (5) days prior to the mentioned hearing date.
2. Pending further order of this court, this court's prior order of July 3, 2000 shall
remain in effect subject to the following modifications:
A. The parties shall share transportation for exchange of custody. Unless
agreed otherwise by the parties, the parties shall exchange custody at the
Cooke Township Building on Pennsylvania Route 233.
B. On those days where Father is off work and available to spend time with the
minor child, Father shall give Mother reasonable notice of his availability
and Father shall have the ability to take the child personally from the
babysitter for purposes of exercising custody.
1. In all other respects, the July 3, 2000 order shall remain in effect.
4. In the event the Mother retains Guidance Associates to perlbrm a custody
evaluation. Father shall cooperate in that evaluation contingent upon Mother paying
the costs. However, Mother may request the court at the hearing in this case to
address the issue of whether Father should make any contribution towards the costs
of an evaluation. Both parties shall ensure that they will provide to the evaluator
other individuals that the evaluator may want to interview in connection with the
evaluation, such as the Mother's husband and the Father's girlfriend.
BY THE
Edgar B.
cc: Robert L. O'Brien, Esquire
Marcus A. McKnight, 111, Esquires ^" ?d?`9• S v l
r? .
'- `i.
DEBRA A. BROUGH,
Plaintiff
V
MELVIN H. MELLOTT.
Defendant
Prior Judge: Edgar B. Bayley
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO.99-4750 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Tyler W. Mellott, bom June 17, 1995.
2. A Conciliation Conference was held on August 31, 2001, with the following individuals in
attendance:
The Father, Melvin H. Mellott, with his counsel, Robert L. O'Brien, Esquire; and the
Mother, Debra A. Brough, with her counsel, Marcus A. McKnight, 111, Esquire.
3. The Father is seeking a modification of the existing custody order where it would be a
shared physical custody arrangement. Currently, the Mother has primary physical custody.
The conciliator attempted to resolve the matter, but the parties were unable to agree upon a
permanent order. They were, however, able to agree on some modifications of the existing
order.
4. The conciliator recommends the entry of an order in the form as attached.
y3r??
DATE HubertX. Gilro , Esquire
Custody Co liator
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DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
Petitioner
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99-4750 CIVIL TERM
MELVIN H. MELLOTT,
Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this _-LAay of 2000, upon consideration of the Stipulation
entered by the parties, it is hereby ordered as follows:
All previous orders regarding custody in this case are vacated.
The parties hereby agree that the best interest of Tyler W. Mellott is that the parents have
shared legal custody of Tyler W. Mellott with primary physical custody awarded to the mother,
Debra A. Brough. Tyler W. Mellott will be involved in the Big Spring School District.
3.
Father will enjoy periods of temporary physical custody of Tyler W. Mellott as follows:
a. Alternate weekends beginning Friday, August 4, 2000 at 5:00 p.m. until
Sunday evening at 8:00 p.m.;
b. During the week following the weekend custody, Father will enjoy two
(2) evenings of temporary physical custody to be selected by the parties.
Each evening will be from 5:00 p.m. to 8:00 p.m.; and
c. Alternating holidays including Christmas Eve, Christmas Day, Easter,
Thanksgiving, Memorial Day, 4th of July and Labor Day.
4.
The parties agree that the existing Order for Support at Cumberland County Domestic
Relations will be suspended. The parties also agree Father will be obligated to pay 60% of
Tyler's unreimbursed medical and dental expenses that Mother will be entitled to claim Tyler W.
Mellot as a federal income tax exemption each year for preparation of her taxes.
5.
It is expressly agreed that Tyler W. Mellott will not be in the presence of Krista Day, the
daughter of Pagan L. Day. Any violation will result in a suspension of Father's periods of
temporary custody until reviewed by the Court.
V 0
CUM c .?j ,-UX`li
PuVNJ i LVAN A
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
Petitioner
CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
99-4750 CIVIL TERM
MELVIN H. MELLOTT,
Respondent IN CUSTODY
CUSTODY STIPULATION
AND NOW, this 4
- Z?day of May, the parties, Debra A. Brough and Melvin H. Mellot,
hereby enter into the following Stipulation regarding the custody of Tyler W. Mellott, born June
17, 1995, age 4 years.
The natural mother is Debra A. Brough, an adult individual residing at 33 Maple Avenue,
P. O. Box 42, Walnut Bottom, Pennsylvania 17266.
2.
The natural father is Melvin H. Mellott, an adult individual residing at 467 Pine Grove
Road, Gardners, Pennsylvania 17324.
3
The parties are the natural parents of Tyler W. Mellott, born June 17, 1995 age 4 years.
4.
The parties hereby agree that the best interest of Tyler W. Mellott is that the parents have
shared legal custody of Tyler W. Mellott with primary physical custody awarded to the mother,
Debra A. Brough. Tyler W. Mellott will be involved in the Big Spring School District.
5.
Father will enjoy periods of temporary physical custody of Tyler W. Mellott as follows:
a. Alternate weekends beginning Friday, August 4, 2000 at 5:00 p.m. until
Sunday evening at 8:00 p.m.;
b. During the week following the weekend custody, Father will enjoy two
(2) evenings of temporary physical custody to be selected by the parties.
Each evening will be from 5:00 p.m. to 8:00 p.m.; and
c. Alternating holidays including Christmas Eve, Christmas Day, Easter,
Thanksgiving, Memorial Day, 4th of July and Labor Day.
6.
The parties agree that the existing Order for Support at Cumberland County Domestic
Relations will be suspended. The parties also agree Father will be obligated to pay 60% of
Tyler's unreimbursed medical and dental expenses that Mother will be entitled to claim Tyler W.
Mellot as a federal income tax exemption each year for preparation of her taxes.
7.
It is expressly agreed that Tyler W. Mellott will not be in the presence of Krista Day, the
daughter of Pagan L. Day. Any violation will result in a suspension of Father's periods of
temporary custody until reviewed by the Court.
S.
Intending to be legally bound, the parties agree to the entry of an Order of Court.
WHEREFORE, intending to be legally bound, the parties enter their hands and seals as
first set forth above.
(SEAL)
DEBRA A. B UGH
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MELVIN H. MELLOTT
66? IL AA-'
ROBERT L. O'BRIEN, ESQ.
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LAW OFFICES
NUu u',91999tt
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
Petitioner
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99-'/2JVCIVIL TERM
MELVIN H. MELLOTT,
Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this day of ?3- T_ -,1999 in consideration of the attached
petition it i, he?erOby directed that the panic and their respective counsel appear before
1 , Esquire, the conciliator, on the 4th. Floor of the
Cumberland County C rthouse on the _ I day of_?_ 1999 at _/ .M. for
a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the
issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard
by the Court and to enter into a temporary order. All children age Live or older may also be
present at the conference. Failure to appear at this conference may provide grounds for entry of a
temporary or permanent order.
By the Court,
Custody Conciliator
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
1w
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Adams County, Pennsylvania is required by law to
comply with the American with Disabilities Act of 1990. For the information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the Court, please contact the County at (717) 771-9097. For those with hearing
impairment please contact the Deaf Center at (717) 848-6765 TDD. 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.
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
Petitioner
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99- CIVIL TERM
MELVIN H. MELLOTT,
Respondent IN CUSTODY
PETITION FOR CUSTODY
AND NOW comes the Petitioner, Debra A. Brough, by her attorneys, Irwin, McKnight &
Hughes, and presents the following Petition for Custody:
The Petitioner is Debra A. Brough, an adult individual residing at 33 Maple Avenue,
Walnut Bottom, Pennsylvania, Cumberland County, Pennsylvania 17266.
1)
The Respondent is Melvin H. Mellott, an adult individual residing at 467 Pine Grove
Road, Gardners, Cumberland County, Pennsylvania 17013.
3.
The parties are the natural parents of one child, namely, Tyler W. Mellott, bom June 17,
1995, age 4 years.
4.
The child has resided with both parents over the past four (4) year period.
5.
In recent weeks, evidence has indicated that the child, Tyler Mellott, has been sexually
abused by another child residing in the Father's household.
6.
Petitioner desires primary legal and physical custody of the child with periods of
supervised visitation with Respondent as the parties agree.
7
The best interests and permanent welfare of the child require that the physical and legal
custody of the child be as provided above.
WHEREFORE, Petitioner, Debra A. Brough, respectfully requests that she be awarded
primary legal and physical custody of the child with periods of supervised visitation with
Respondent as the parties agree.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
Marc s A. Mc ght, II, squire
Attorney for Pe ' ' ner,
Debra A. Brough
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 25476
Date: August 5 .1999
VERIFICATION
The foregoing Petition for Custody is based upon information which has been gathered by
my counsel and me in the preparation of this action. I have read the statements made in this
Petition for Custody and they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein made are subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to authorities.
DEBRA A. BROU I
Date: August 5 '1999
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DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 99-4750 CIVIL TERM
MELVIN H. MELLOTT,
Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this /90day of cco,? , 1999, upon review of the
i
Petition for Special Relief and Request for an Expedited Hearing, the court directs that
the parents and their respective counsel appear in Courtroom No. 9 on the _ 2!2?
day of cc r/ 1999, at /_/ /S A.M./P-M. at the Cumberland County
Courthouse.
BY THE COURT, /
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DEBRA A. BROUGH,
Petitioner
V.
MELVIN H. MELLOTT,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 994750 CIVIL TERM
IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND REQUEST FOR AN EXPEDITED HEARING
1) Petitioner is Melvin H. Mellott, Respondent/Defendant in a custody action
brought by Debra A. Brough. A copy of the same is attached hereto as Exhibit "A" and
incorporated herein by reference.
2) Since the parties separation and for the past several years, the parties
have had an equal shared custody arrangement which was agreeable to both parties.
3) The father's girlfriend/fiancee has two children, a girl Krista, age 7, and
another girl, Rebecca, age 3. The girlfriend/fiancee is named Pagan L. Day and she
lives across the street from Petitioner. During an occasion when Petitioner's son and
Ms. Day's seven year old daughter were together, it was discovered that they were
engaging in inappropriate sexual activities.
4) This matter was fully investigated by Christine Roland of Children and
Youth Services, as well as Trooper Scott Miller of the Pennsylvania State Police. As a
result of the investigation and meetings between the respective parents of the children
and the authorities, it was determined that Petitioner's son, Tyler W. Mellott, for an
indefinite period of time, should not be permitted to be in the presence of Ms. Day's
daughter.
5) In the course of the investigation, it was also determined that the seven
year old daughter was in fact a victim herself, having learned the inappropriate sexual
behavior while in a day care setting.
6) As a result of the incident, the mother has withheld the long standing
custody arrangement from the father, despite the father's agreement that his child will
have no contact with Ms. Day's children. The mother is demanding that the father also
have no contact with Ms. Day during the days that his son is in his care and custody.
7) The conciliation conference in this matter has been set for October 1,
1999, and in the interim, there is no existing custody order. Father requests that the
interim order provide for the week on/week off schedule which the parties have utilized
for the past several years, with the only restriction being that the children of Pagan Day
have no contact with Tyler W. Mellott.
WHEREFORE, Petitioner through his attorney, Robert L. O'Brien,
Esquire, respectfully requests that the court set an expedited hearing to establish an
interim custody order pending the conciliation conference, as well as for the hearing in
this matter.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
By:??M ani`
Robert L. O'Brien, Esquire
LD. # 28351
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I verify that statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 PA.
C.S. Section 4904, relating to unsworn falsification to authorities.
MELVIN H. MELLO
DEBRA A. BROUGH, : IN THE COURT OF COMMON PLEAS OF
Petitioner
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99- CIVIL TERM
MELVIN H. MELLOTT,
Respondent IN CUSTODY
PETITION FOR CUSTODY
AND NOW comes the Petitioner, Debra A. Brough, by her attorneys, Irwin, McKnight &.
Hughes, and presents the following Petition for Custody:
1. -
The Petitioner is Debra A. Brough, an adult individual residing at 33 Maple Avenue;;
Walnut Bottom, Pennsylvania, Cumberland County, Pennsylvania 17266.
2.
The Respondent is Melvin H. Mellott, an adult individual residing at 467 Pine Grove
Road, Gardners, Cumberland County, Pennsylvania 17013.
3.
The parties are the natural parents of one child, namely, Tyler W. Mellott, born June 17,
1995, age 4 years.
4.
The child has resided with both parents over the past four (4) year period.
5.
In recent weeks, evidence has indicated that the child, Tyler Mellott, has been sexually
abused by another child residing in the Father's household.
6.
Petitioner desires primary legal and physical custody of the child with periods of
supervised visitation with Respondent as the parties agree.
7.
The best interests and permanent welfare of the child require that the physical and legal
custody of the child be as provided above.
WHEREFORE, Petitioner, Debra A. Brough, respectfully requests that she be awarded
primary legal and physical custody of the child with periods of supervised visitation with
Respondent as the parties agree.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By: ,/Z'
Marcus A. McKnight, 111, Esquire
Attorney for Petitio r
Debra A. Brough
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 25476
Date: August_ 5 , 1999
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
RESPONDENT CUMBERLAND COUNTY, PENNSYLVANIA
V.
MELVIN H. MELLOTT,
PETITIONER 99-4750 CIVIL TERM
ORDER OF COURT
AND NOW, this ?j day of August, 1999, this matter having been
called on a petition by the father for special relief, the following temporary order is
entered:
(1) Debra A. Brough and Melvin H. Mellott shall have shared physical
custody of their son, Tyler Mellott, born June 17, 1995, for one week on and one week
off pending conciliation and further order of court.
(2) Pending further order of court, Tyler shall not be in the presence of Krista,
the daughter of Pegan L. Day. Any violation of this condition will result in the
suspension of the father's rights to have his son pending the entry of a final order on the
merits of this custody case.
Marcus A. McKnight, III, Esquire
For Respondent
Robert L. O'Brien, Esquire
For Petitioner
By the Cc
Edgar B. Bayley, J
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DEBRA A. BROUGH,
Plaintiff
v
MELVIN H. MELLOTT,
Defendant
COT 0 5 199Q'>
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4750 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this I k day of October, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. This Court's prior Order of August 23, 1999 shall remain in effect.
2. The parties shall meet with the Custody Conciliator for a second Custody
Conciliation Conference on Thursday, February 3, 2QOQat 10:30 a.m.
,gY THE C9'
Edgar B.
cc: Marcus A. McKnight, Esq.
Robert L. O'Brien, Esq.
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DEBRA A. BROUGH,
Plaintiff
v
MELVIN H. MELLOTT,
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.99-4750 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Tyler Mellott, born June 17, 1995.
2. A Conciliation Conference was held on October 1, 1999, with the following individuals in
attendance:
The Mother, Debra A. Brough, with her counsel, Marcus A. McKnight, III, Esq., Esquire;
and the Father, Melvin H. Mellott, with his counsel, Robert L. O'Brien, Esquire.
3. The parties agree to the entry of an order in the form as attached.
D TE 4*ubeX?Gi ly, Esquire
Custody ciliator
y
FEB - 8 2000,
DEBRA A. BROUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
MELVIN H. MELLOTT, NO. 994750 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this 11-h day of February, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse
on the (off day of July, 2000 at M. at which time testimony
will be taken in this case. At that hearing, the Mother, Debra A. Brough, shall be the
moving party and shall proceed initially with testimony. Counsel for the parties
shall file with the Court and opposing counsel a memorandum setting forth the
history of custody in this case, the issues currently before the court, a list of
witnesses who will be called to testify at the hearing and a summary of the
anticipated testimony of each witness. This memorandum shall be filed at least ten
(10) days prior to the mentioned hearing date.
2. Pending further order of this Court, this Court's Order of August 23, 1999 shall
remain in effect.
3. Mother has retained Guidance Associates to do a custody evaluation in this matter.
Father shall cooperate in that evaluation and shall also insure that any other
significant others that Dr. Schneider believes should be interviewed will cooperate in
the evaluation. Costs of the evaluation will be paid for by the Mother. Guidance
Associates may share the results of the evaluation with legal counsel for both parties
in advance of a hearing in this case.
BY THE C UPI ,
A r
cc: Marcus A. McKnight, Esquire
Robert L. O'Brien, Esquire
Edgar B. Bayley/
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DEBRA A. BROUGH,
Plaintiff
v
MELVIN H. MELLOTT,
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
NO. 99-4750 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-5(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Tyler Mellott, born June 17, 1995.
2. A Conciliation Conference was held on February 3, 2000, with the following individuals in
attendance:
The Mother, Debra A. Brough, with her counsel, Marcus A. McKnight, III, Esquire; and the
Father, Melvin H. Mellott, with his counsel, Robert L. O'Brien, Esquire.
3. The existing custody order provides for week ordweek off custody between the two parents.
The Mother resides in the Big Springs school district and the Father resides in the Carlisle
school district. The child will be starting school in September, and there is a dispute with
respect to which school the child should attend. Additionally, Mother asserts that the
starting of school merits an adjustment in the custody arrangement so that she would be.
primary custodian. The parties are not able to reach an agreement and a hearing is required.
The hearing should be scheduled in July or August in order to give the parties the
opportunity to have a custody evaluation completed.
4. The Conciliator recommends the entry of an order in the form as attached. j
4lj"
? • iii
DATE - i.
Hubert X. Gilroy, Esquire
Custody Conciliator dry,
S T BY '.
POLYCUNIC HOSMAL
2601 N 3rd Se'ee1
Hefts. PA 171102096
EARL F. GREENWALD, M.D., FACOG
Medical Director
TERESA M. SMITH, A.C.S.W.
Coordinator
Children's Resource Center
717-782-2467
dV>
PINNACLEHEALTH
Wednesday, July 28, 1999
RE: Tyler Mellott
Birth Date: June 17, 1995
SS#: 172-76-2921
Date of Examination: July 27, 1999
Date of Dictation: July 27, 1999
I evaluated Tyler, age 4, because of concerns about the possibility of sexual abuse. The purpose of
my examination was to diagnose and treat residua of sexual abuse. Tyler was accompanied by his
mother, Debra Brough.
Past Medical History:
Past medical history was reviewed with mom, and it is as follows:
Tyler was hospitalized at the ages of 3 and 6 weeks for asthma, complicated by pulmonary infection.
Hospitalization occurred at Carlisle Hospital. During the second admission, Tyler experienced a
febrile seizure. He has had no seizures since. Medications, including Proventil, were prescribed for
Tyler to use as needed for asthma. Tyler has used no asthma medications for the past two months.
Tyler underwent placement of ear tubes at Carlisle Hospital at four months of age by Dr. Abrams
under general anesthesia without complications or sequelae. He underwent tonsillectomy and
adenoidectomy at the age of 3 at Carlisle Hospital performed by Dr. Abrams under general anesthesia
without complications or sequelae.
Tyler has no chronic illnesses other than asthma, and no physical handicaps. He has experienced no
genital or anal injuries, operations, procedures or infections. He has no history of intestinal infections
or unusual constipation. He has had no psychological evaluations.
According to mom, since sexual abuse was suspected to have occurred, Tyler complained of burning
with urination. This occurred approximately three weeks ago. Tyler was evaluated by his physician,
Page 2
Dr. Krebs, who noted some redness of his penis. Urinalysis at that time was negative, and no
intervention was prescribed. The burning with urination resolved spontaneously over a period of
several days.
Mom has noted that Tyler has been sexually acting out. She describes this as his "playing with
himself a lot, rubbing things on his penis and on his rectal area". On the day after his birthday, mom
found him trying to insert a star (a sticky for the ceiling), about the size of a dime, into his rectum.
Mom has noted an increase in this type of behavior "since everything started to come out".
Mom also describes a considerable increase in Tyler's angry acting out. Mom states that he seems
to have changed toward everybody in the past two months. "He gets mean, hateful and belligerent."
Also, mom has noted that Tyler, recently, has been talking a lot about people dying, like himself, and
members of the family.
Medical History Obtained from Tyler:
Prior to proceeding with examination, Teresa M. Smith, Pediatric Social Worker for the Children's
Resource Center, and I interviewed Tyler.
Observing the interview from the viewing station, using audiovisual technology, were Trooper Scott
T. Miller, Pennsylvania State Police, Carlisle Barracks, and Chris Rowland, Cumberland County
Children and Youth Service caseworker.
Tyler would not remain in the room to answer questions if mom left. Accordingly, mom remained
in the interview room during Tyler's interview, sitting behind Tyler and out of his line of vision.
Using an anatomic doll, Tyler named eyeballs (which he identified as brown, his own as green),
lipstick (when we pointed to the lips of the doll), tongue, nose, fingers (which he counted from 1 to
4), boobs (his name for breasts), belly button (of which he said he, himself, has one), "I don't want
to tell you" when we asked him for his name for the penis by asking "what is this?" pointing to the
penis of the boy doll. He then said "it hurt a little time ago". We asked where he was when this
(pointing to the penis of the boy doll) got hurt, and he said "nanny's". We asked what happened, and
he said "Krista was playing with these (pointing to his penis and his buttocks through his clothing)".
We asked how old Krista is and he held up five fingers. We asked whether she is bigger than him,
and he nodded "yes".
We asked how Krista hurt this part and this part (pointing to the penis and buttocks of the boy doll),
and he said "she put toys there". We asked whether she put toys there on top of or inside his clothes,
and he said "inside". We asked what the toys were, and he said "a truck, toy screws". We asked
whether anyone saw Krista do this, and he said "Krista just did it". We asked whether anyone else
was around, and he said "no". We asked whether he told, and he said "yes". We asked who he told,
and he said "daddy, Krista's mother". We asked what her mom did, and he said "she hollered". We
asked what his dad did, and he said "spanked me". We asked what dad spanked him with, and he said
Page 3
"a spoon". We asked what part of his body dad hit with the spoon, and he pointed to his buttocks.
We asked what that part of his body is called, and he said "butt". We asked whether his clothes were
on or off, and he said "on". We asked how it felt, and he said "funny, I cried". I asked whether this
happened one time or more than once, and he said "one time".
We asked whether Krista touched this part of his body, pointing to the penis of the boy doll, and he
said "yes". We asked whether it happened one time or more than once, and he said "one time". We
asked where they were, and he said "daddy's". We asked whether they were inside or outside, and
he said "in". We asked where they were, and he said "in my own bedroom". We asked whether his
clothes were on or ot? and he said "on". We asked whether Krista's clothes were on or off, and he
said "on".
We asked whether anyone had taken his clothes off, and he said "when I have to go to the bathroom".
We asked who can touch his butt and "this part", pointing to the penis of the boy doll,
" and he said
me, when I pee or poop". We asked whether anyone else could touch those parts, and he said "no".
We asked what he would do if anyone else touched those parts, and he did not respond.
We asked whether he saw any bleeding when Krista touched him, and he said "it was dark in my
body". We asked whether anyone else had touched that part of his body (pointing to the penis of the
boy doll, and lie said "no".
We asked whether dad had shown him any pictures of this (pointing to the penis of the boy doll), the
butt or the boobs using pictures or magazines or books, and he said "no".
We asked whether anything happened at mom's house with Krista, and he said "her don't come to
mom's". We asked whether Krista put anything in here (pointing to the butt), and he said "no". We
asked whether mom saw him put anything inside Krista, and he said "toys". We asked what kind of
toys, and he said "my toys". We asked what kind of toys, and he said "my own". We asked what
part of her body his toys went into, and he said "her did it to me".
We asked whether anybody walked in and saw Krista touching this and this (pointing to the penis and
buttocks of the boy doll), and he said "yes". We asked who, and he said "daddy and Pagan".
We asked whether Pagan or anyone else told him not to tell, and he said "no". We asked whether
anyone asked him to keep a secret, and he said "no". We asked whether Krista or dad or Pagan told
him not to tell or told him to keep it a secret, and he said "no one".
We asked whether dad said anything when he walked in on him (Tyler) and Krista, and Tyler pointed
to his penis and buttocks over his clothing. We asked what he called these parts, and he said "butt
and pee". We asked what dad said when he walked in on him, and he said "not put anything in it".
We asked what else dad said, and he said "I don't know".
Page 4
Physical Examination:
I explained the purpose of the examination to mom and invited mom to prepare Tyler for the
examination.
He is well-developed and well-nourished. His weight was 39-1/4 lb
Skin examination revealed multiple insect bites involving the lateral aspect of his right upper arm and
the posterior aspect of his left lower leg. Mom and Tyler state that they do not have dogs or cats,
but dad has pets.
HEENT examination was normal.
Heart examination; RSR, no murmurs heard.
Lungs were clear to auscultation.
Breast examination revealed no abnormalities.
Abdominal examination revealed no tenderness, organomegaly, or masses.
Node examination revealed no adenopathy.
Genital examination was completed in the supine frog leg position with the use of gross, macroscopic
and colposcopic visualization at magnifications varying from 5X to 30X with white and green light.
Examination of his penis revealed that he was circumcised. There was no acute injury or scarring
suggesting chronic or old injury. Examination of his scrotum revealed no acute injury or scaring
suggesting chronic or old injury. Ibis perineum appeared normal.
Examination of his external anal verge revealed a symmetric rugal pattern, normal response to
traction, and normal sphincter tone.
I obtained oral, penile and anal cultures for Chlamydia and gonorrhea.
These findings were documented by video recording and with digital imaging, from which
photographs can be produced.
Dip urinalysis revealed trace protein, negative for infection.
Additional Information Reviewed After Examination of Tyler:
After Tyler dressed and returned with mom to the counseling room, Tyler departed for the playroom.
I asked mom how old Krista is, and she said "6 years old". I asked who she is, and she said "she's
the daughter of Pagan". I asked who Pagan is, and she said "dad's fiance".
I asked mom whether she had concerns in addition to the information which Tyler provided in our
interview of him. Mom said that Tyler told her that, while he was in the bathroom using the toilet,
Page 5
Krista put lipstick in his anus. Krista has subsequently admitted to putting "Chapstick" in Tyler's
anus.
Mom gave us an audiotape which she said was taped at the end of July, 1998. The content of the tape
is known to mom, mom's husband, Tyler's dad and Pagan. The tape consists of mom and her
husband, Charles, asking questions of Tyler. They asked what Pagan had done to him, and Tyler
responded "make me stick my diddy out" and that Pagan gives him candy. Stepdad asked Tyler
whether Pagan gave him candy to go to the bathroom, and Tyler said "yes". Tyler was then asked
whether Pagan touches him at any other time, and the response was inaudible to me. Tyler was then
asked whether Pagan touches anywhere else, and Tyler responded "on the floor, on the bed". We
asked why Pagan touches him, and Tyler made a blowing sound through his lips, like somebody
blowing into a child's belly button in play. Tyler was then asked whether dad is around when Pagan
does this, and he said "yes". Tyler was asked where dad is, and Tyler responded "at my house".
Tyler was asked what dad is doing, and Tyler responded "cutting fish". Tyler was asked other
questions, the response to which I did not understand. He was then asked whether he was told that
if he peed in the potty Pagan would give him candy, and Tyler responded "yes".
Impression:
Tyler disclosed to us that Krista "was playing" with his penis and buttocks. In addition, he stated that
Krista hurt him in doing this. Krista has subsequently admitted inserting an object which she
describes as Chapstick and Tyler describes as lipstick into Tyler's rectum. Examination of Tyler
reveals no residua of Krista's touching his penis, nor would there be anticipated to be residua
considering the time interval between the activity and this child's examination by me today.
Accordingly, lack of residua does not preclude the events described in Tyler's disclosure.
Examination of his anus does not demonstrate residua. The anus is usually not injured by entry of
an object, such as a lipstick or Chapstick container, which is smaller in diameter than firm stool, which
passes the anus without injury. Accordingly, lack of residua on examination of the anus does not
preclude the events described in Tyler's and Krista's disclosures.
Tyler describes dad's striking him with a spoon. The context of this punishment is not known.
Corporal punishment, although it may be acceptable to some parents in enforcing discipline for their
children, is not appropriate unless non-physical methods of enforcing discipline have first failed.
These might include time outs, deprivation of favorite things or rewards for socially acceptable
behavior. It is physically abusive to use any item other than the palm of the open hand in
administering corporal punishment if such must, in fact, occur. The use of a spoon is inappropriate.
If corporal punishment must be used, it is only appropriate for a parent to administer corporal
punishment. Mom has expressed concerns that Pagan is administering corporal punishment. There
are no residua of Tyler's having been struck on his buttocks with a spoon, nor would there be
anticipated to be residua of this contact, considering the time interval between the activity and this
child's examination. Accordingly, lack of residua does not preclude the events described in Tyler's
disclosure.
Page 6
Examination of Tyler reveals multiple insect bites of his arms and legs, attributed to pet fleas.
Plan:
In view of Tyler's disclosure and Krista's corroborating disclosure of her inserting an object into
Tyler's rectum, and because of Tyler's disclosure of Krista's touching his penis and buttocks, Krista
should not be allowed to be with Tyler unless continuously supervised.
I have encouraged mom to address the issue of corporal punishment with dad, as delineated in my
discussion above.
I have suggested to mom that she reinforce with dad the importance of ridding household pets of
pests, such as fleas, for the comfort and safety of the children.
I will see Tyler again if further care or evaluation is required.
Earl F. Greenwal , M.D.
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ULISKA A. HHOUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-4750 CIVIL TERM
MELVIN H. MELLOTT,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of November 2001, upon consideration of the attached
Custody Stipulation, it is hereby ordered as follows:
1.
The parties shall have shared legal custody of TYLER W. MELLOTT, born June 17,
1995, age six (6).
2.
The mother, DEBRA A. BROUGH, shall have primary physical custody of TYLER W.
MELLOTT.
3.
The father, MELVIN H. MELLOTT, shall have partial, physical custody of the minor
child, TYLER W. MELLOTT, as follows:
A. During the school year:
On alternate weekends, from Friday at 5:00 p.m. to
Sunday at 8:00 p.m.
2. On alternate weeks, two (2) evenings from 5:00 p.m.
to 8:00 p.m. on evenings to be set by the parties.
B. Summer schedule shall be as follows:
For 2002, the Father will have three (3) weeks which will
alternate with Mother beginning two (2) weeks following
the start of Tyler's summer vacation and ending two (2)
weeks prior to the start of school in the fall.
2. For 2003, and thereafter, Father will have four (4) weeks
which will alternate with Mother beginning two (2) weeks
prior to the start of school in the fall.
C. Vacation schedule shall have priority:
I • Mother will have custody of Tyler each Mother's Day and
and Father will have custody of Tyler each Father's Day.
2. The parties will share Christmas Day and Tyler's birthday.
3. All other holidays will be alternated by the parties as they agree.
D. The parties agree that Tyler W. Mellott will not be in the presence of Krista Day,
the daughter of Pagan L. Day.
E. The parties shall share transportation for exchange of custody. Unless agreed
otherwise by the parties, the parties shall exchange custody at the Cooke Township
Building on Pennsylvania Route 233.
F. On those days when Father is off work and available to spend time with the minor
child, Father shall give Mother reasonable notice of his availability and Father shall have
the ability to take the child personally from the babysitter for purposes of exercising
custody.
G. Any other times as agreed upon by the parties.
By the C4BA, EDGAR JUDGE.
cc: Marcus A. McKnight, fll, Esq.
Attorney for Plaintiff
Robert L. O'Brien, Esq. ?Gptte irve «<C JI,jo Of
Attorney for Defendant s
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DEBRA A. BROUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
994750 CIVIL TERM
MELVIN H. MELLOTT,
Defendant IN CUSTODY
CUSTODY STIPULATION
AND NOW, this 13th day of November 2001, the parties, DEBRA A. BROUGH and
MELVIN H. MELLOTT, hereby enter into the following Custody Stipulation regarding their
minor child, TYLER W. MELLOTT:
The parties agree to share legal custody of TYLER W. MELLOTT, bom June 17,
1995, age six (6).
2.
The mother, DEBRA A. BROUGH, will have primary physical custody of TYLER W.
MELLOTT.
3.
The father, MELVIN H. MELLOTT, will have partial, physical custody of the minor
child, TYLER W. MELLOTT as follows:
A. During the school year:
On alternate weekends, from Friday at 5:00 p.m. to
Sunday at 8:00 p.m.
2. On alternate weeks, two (2) evenings from 5:00 p.m.
to 8:00 p.m. on evenings to be set by the parties.
3
B. Summer schedule will be as follows:
1. For 2002, the Father will have three (3) weeks which will
alternate with Mother beginning two (2) weeks following
the start of Tyler's summer vacation and ending two (2)
weeks prior to the start of school in the fall.
2. For 2003, and thereafter, Father will have four (4) weeks
which will alternate with Mother beginning two (2) weeks
prior to the start of school in the fall.
C. Vacation schedule will have priority:
I. Mother will have custody of Tyler each Mother's Day and
and Father will have custody of Tyler each Father's Day.
2. The parties will share Christmas Day and Tyler's birthday.
3. All other holidays will be alternated by the parties as they agree.
D. The parties agree that Tyler W. Mellott will not be in the presence of Krista Day,
the daughter of Pagan L. Day.
E. On those days when Father is off work and available to spend time with the minor
child, Father shall give Mother reasonable notice of his availability and Father shall have
the ability to take the child personally from the babysitter for purposes of exercising
custody.
F. On those days where Father is off work and available to spend time with the
minor child, Father shall give Mother reasonable notice of his availability and Father
shall have the ability to take the child personally from the babysitter for purposes of
exercising custody.
G. Any other times as agreed upon by the parties.
Intending to be legally bound, the parties enter their hands and seals the date first set forth
above.
WITNESS H:
(SEAL)
DEB UGH
(SEAL)
MELVIN H. MELLOTT
L
J
DEBRA A. BROUGH,
Petitioner
V.
MELVIN H. MELLOTT,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4750 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2004, upon review of the
Petition for Emergency Relief and Modifca i
on Of An Existing Custody Order, the court
directs that the parents, the child and their respective counsel appear in Courtroom No.
3
IG on the day of , 2004, at /'ed A M./P.M. at the
i
Cumberland County Courthouse.
BY THE COURT,
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DEBRA A. BROUGH,
Plaintiff/Respondent
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4750 CIVIL TERM
MELVIN H. MELLOTT,
Defendant/Petitioner IN CUSTODY
PETITION FOR EMERGENCY RELIEF
AND MODIFICATION OF A CUSTODY ORDER
1) Petitioner is Melvin H. Mellott, Defendant in a custody action brought by
Debra A. Brough.
2) The parties had reached an agreement in relation to the custody of their
son when he began his schooling. A copy of the Order implementing the agreement is
attached hereto.
3) The child has reported that his stepfather, Ike Brough, on more than one
occasion has physically assaulted his mother in his presence, which has caused him
serious emotional distress. Additionally his stepfather has stuck him with an open hand
on the face and his bottom, hit him with a plastic spoon, grabbed him by the arm and
thrown him across the room and thrown him up the stairs. His stepfather has also
stated that if the child told anyone about the aforesaid events, he could not return to the
mother's home.
4) This Order should be modified because: the child is being physically and
emotionally harmed by the stepfather and the mother has not taken steps to
remove him from the situation.
WHEREFORE, Petitioner through his attorney, Robert L. O'Brien,
Esquire, respectfully requests that the court enter a temporary order granting primary
physical custody of his son to the Petitioner until such time as the situation in the
Respondent/Mother's home can be addressed to insure the safety and well being of the
child.
Respectfully submitted,
O'BR.IEN, BARIC & SCHERER
BY•?? A Le-r
Robert L. O'Brien, Esquire
I.D. # 28351
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
verify that statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 PA.
C.S. Section 4904, relating to unsworn falsification to authorities.
MELVIN H. MELLOTT
rob/dom/mellottmod.petitlon 2
UEBRA A. BROUGH,
Plaintiff
V.
MELVIN 11. MELLOTT,
Defendant
CIVIL ACTION - LAW
99-4750 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this 'rte day of November 2001, upon consideration of the attached
Custody Stipulation, it is hereby ordered as follows:
The parties shall have shared legal custody of TYLER W. MELLOTT, born June 17,
1995, age six (6).
2.
The mother, DEBRA A. BROUGH, shall have primary physical custody of TYLER W.
MELLOTT.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
3.
The father, MELVIN 1{. MELLOTT, shall have partial, physical custody of the minor
child, TYLER W. MELLOTT, as follows:
A. During the school year:
On alternate weekends, from Friday at 5:00 p.m. to
Sunday at 8:00 p.m.
2. On alternate weeks, two (2) evenings from 5:00 p.m.
to 8:00 p.m. on evenings to be set by the parties.
B. Summer schedule shall be as follows:
I . For 2002, the Father will have three (3) weeks which will
alternate with Mother beginning two (2) weeks following
the start of Tyler's summer vacation and ending two (2)
weeks prior to the start of school in the fall.
2. For 2003, and thereafter, Father will have four (4) weeks
which will alternate with Mother beginning two (2) weeks
prior to the start of school in the fall.
C. Vacation schedule shall have priority:
1. Mother will have custody of Tyler each Mother's Day and
and Father will have custody of Tyler each Father's Day.
2. The parties will share Christmas Day and Tyler's birthday.
All other holidays will be alternated by the parties as they agree.
D. The parties agree that Tyler W. Mellott will not be in the presence of Krista Day,
the daughter of Pagan L. Day.
E. The parties shall share transportation for exchange of custody. Unless agreed
otherwise by the parties, the parties shall exchange custody at the Cooke Township
Building on Pennsylvania Route 233.
F. On those days when Father is off work and available to spend time with the minor
child, Father shall give Mother reasonable notice of his availability and Father shall have
the ability to take the child personally from the babysitter for purposes of exercising
custody.
G. Any other times as agreed upon by the parties.
cc: Marcus A. McKnight, 111, Esq.
Attorney for Plaintiff
Robert L. O'Brien, Esq.
Attorney for Defendant
By the Court,
EDGAR . BAYLEY, DGE.
T^
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DEBRA A. BROUGH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MELVIN H. MELLOTT
DEFENDANT
• 1999-4750 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, January 22, 2010 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator,
at 4th Floor ,Cumberland Coun Courthouse, Carlisle on Thursday, February 18, 2010 at 10:30 AM
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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR. THE COURT,
By: /s/ Hubert X. Gtlro Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL 1IELP.
Cumberland C ounty }3ar Association
32 South F3edt~~rd Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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