HomeMy WebLinkAbout08-1793TRAVIS L. MELLINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 08- 073 CIVIL TERM
DARLENE F. MELLINGER,
Defendant : CUSTODY
COMPLAINT FOR CUSTODY
1.
Plaintiff TRAVIS L. MELLINGER is an adult individual, and the father of the
children herein, who resides at 298 Creek Road, Newville, Cumberland County,
Pennsylvania 17241.
2.
Defendant DARLENE F. MELLINGER is an adult individual, and the mother of
the children herein, who resides at 828 Alexander Spring Road, Carlisle, Cumberland
County, Pennsylvania 17015.
3.
Plaintiff seeks primary physical custody of the following children: Tristan Lee
Mellinger, born September 22, 2003, and Tegan Reeves Mellinger, born July 26, 2006.
4.
The children were not born out of wedlock.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
5.
For the duration of their lives, the children have resided with the parties hereto in
Cumberland County, Pennsylvania.
6.
The relationship of Plaintiff to the children is that of the father, and he currently
resides alone in the marital residence.
7.
The relationship of Defendant to the children is that of the mother. She currently
resides at 828 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania
17015, and she is married to the father.
8.
Plaintiff has not participated as a party or witness, or in any other capacity, in other
litigation concerning the custody of the children.
9.
Plaintiff has no information of a custody proceeding concerning the children
pending in a Court of this Commonwealth.
WAYNE F. SHADE
Attomey at law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-2-
10.
Plaintiff does not know of a person not a party to these proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect
to the children.
11.
The best interests and general welfare of the children will be served by granting
the relief requested for the following reasons:
(a) Plaintiff remains in the marital residence with which the children are familiar
as their home;
(b) The residence of Plaintiff is adjacent to the property of his parents who are
farmers and will be available to assist Plaintiff with daycare;
(c) Defendant's actions are impulsive and unstable for the children; and
(d) Defendant has no family support in central Pennsylvania.
12.
Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this action.
13.
Plaintiff believes that Defendant intends to remove the children to Luzerne
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
County, Pennsylvania, where she has no family or other support system.
-3-
WHEREFORE, Plaintiff requests that your Honorable Court award primary
physical custody of the children to Plaintiff and enjoin Defendant from removing the
children from Cumberland County, Pennsylvania, pending further agreement of the
parties or Order of Court.
Wayne F. hade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-4-
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
I verify that the statements made in this pleading are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Date: ; March 19, 2008
?? 24 ? 4 lfA646 z
Travis L. Mellinger
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TRAVIS L. MELLINGER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DARLENE F. MELLINGER
DEFENDANT
2008-1793 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, March 25, 2008 , 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 Tuesday, April 29, 2008 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be 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/ Jacqueline M. Verney, Esq.
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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I :C '1IJ 9? 04 SOS
TRAVIS L. MELLINGER,
Plaintiff
V.
DARLENE F. MELLINGER,
Defendant
TO: Curtis R. Long, Prothonotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 08-1793 CIVIL TERM
CUSTODY
PRAECIPE
Please enter r ppearance on behalf of Defendant DARLENE F. MELLINGER
and acceptance of a certified copy of the Complaint and Order of March 25, 2008, in the
above-captioned matter.
Date: 3/19/p 1?
SAIDIS, FLOWER & LINDSAY
i
Carol J. Lin ay, squire
Saidis, Flo er & indsay
26 West Hig treet
Carlisle, Pennsylvania 17013
Attorneys for Defendant
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MAY 0 7 2008
TRAVIS L. MELLINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2008-1793 CIVIL ACTION - LAW
DARLENE F. MELLINGER,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this day of n4 3 T , 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No. of the Cumberland
County Court House, on the. Q0 14, day of 2008, ate 3 4
o"clock, -,-. M., and the 0714,x- day of 2008, at t 3 0
o'clock, -6-.M. at which time testimony will be taken. For purposes of this Hearing, the
Father 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 five days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the custody
provisions in the Order of Court dated March 24, 2008 at docket No. 2008-1700 shall
remain in full force and effect with the following additions.
3. The Father, Travis L. Mellinger and the Mother, Darlene F. Mellinger,
shall have shared legal custody of Tristan Lee Mellinger, born September 23, 2003 and
Tegan Reeves Mellinger, born July 26, 2006. Each parent shall have an 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. Pursuant to the terms of 23 Pa.C.S. §5309,
each parent shall be entitled to all records and information pertaining to the children
including, but not limited to medical, dental, religious or school records, the residence
address of the children and the other parent. To the extent one parent has possession of
any such records or information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent. Both parents shall be entitled to full
participation in all educational and medical/treatment planning meetings and evaluations
with regard to the minor children. Each parent shall be entitled to full and complete
information from any physician, dentist, teacher or authority and copies of any reports
given to them as parents including, but not limited to: medical records, birth certificates,
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school or educational attendance records or report cards. Additionally, each parent shall
be entitled to receive copies of any notices which come from school with regard to school
pictures, extracurricular activities, children's parties, musical presentations, back-to-
school nights, and the like.
4. In addition to alternating weekends from Friday at 6:30 p.m. to Sunday at
7:00 p.m., Father shall have physical custody of the children every Wednesday from 7:00
a.m. to 6:00 p.m.
5. Neither party may partake in any alcohol or illegal drugs immediately
prior to or during their periods of physical custody.
6. Father shall insure that the firearms in his home are locked and not
accessible to the children.
7. The parties shall cooperate with a custody evaluation performed by Arnold
Shienvold or other evaluator agreed to by counsel for the parties. Mother shall pay the
cost for the evaluation unless otherwise ordered by the court.
8. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
cc: Wayne F. Shade, Esquire, counsel for Father
Carol J. Lindsay, Esquire, counsel for Mother
ir tj;j ..C _f-42 -OF
6--l a- 10 k' 14-el
BY THE COURT,
TRAVIS L. MELLINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2008-1793 CIVIL ACTION - LAW
DARLENE F. MELLINGER,
Defendant : IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr., 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 are the subject of
this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Tristan Lee Mellinger
Tegan Reeves Mellinger
September 23, 2003
July 26, 2006
Mother
Mother
2. A Conciliation Conference was held May 6, 2008 with the following
individuals in attendance: The Father, Travis L. Mellinger, with his counsel, Wayne F.
Shade, Esquire, and the Mother, Darlene F. Mellinger, with her counsel, Carol J. Lindsay,
Esquire.
3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court
dated March 24, 2008 in connection with a PFA at docket No. 2008-1700 providing for
Father to have periods of temporary custody on alternating weekends from Friday at 6:30
p.m. to Sunday at 7:00 p.m. This was a modification of the custody provisions in the
Temporary PFA at the same docket number. Testimony has concluded in the PFA
hearing. Judge Oler has taken the matter under advisement.
4. Father's position on custody is as follows: Father seeks shared legal and
primary physical custody, but would agree to some 50150 arrangement. Father denies the
PFA allegations. He asserts that the children have been removed from the marital home
by mother and being returned to the marital home would restore stability in their lives.
Father further asserts that the paternal grandmother previously provided daycare for the
children who are now being transported with Mother to a day care facility next to her
workplace in Harrisburg. Father recently changed jobs and works from 11:00 p.m. to
7:00 a.m. and is available to provide all of the daycare for the children, not just the
daycare when the children are in his care and custody. Father maintains that this too
would provide stability in the children's lives. If Father was in need of sleep because of
his shift work, paternal grandmother could care for the children for part of the day while
Father slept. Father will cooperate with a custody evaluation. Father denies Mother's
allegations of alcohol abuse and misuse of firearms. Father sought additional time with
the children since the alternating weekend schedule resulted in him not seeing the
children for 12 days. He rejected Mother's offer of one evening per week from 6:00 p.m.
to 7:30 p.m. believing this short period of time would only upset the children with
transitioning.
5. Mother's position on custody is as follows: Mother seeks shared legal and
primary physical custody of the children, with Father having alternating weekends, from
Friday to Sunday. She offered one evening per week from 6:00 p.m. to 7:30 p.m.
Mother asserted that Father has an alcohol problem. She also asserts that the guns in the
home pose a safety hazard to the children. Mother does not agree with Father providing
the daycare since he will need to sleep after work. Mother suggested a custody
evaluation be performed before she would agree to additional time for Father. Mother
disagreed strenuously with the recommendation of Father having physical custody of the
children every Wednesday from 7:00 a.m. to 6:00 p.m.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and ordering shared legal custody, Mother having primary physical custody
and Father having periods of partial physical custody on alternating weekends and every
Wednesday from 7:00 a.m. to 6:00 p.m., believing the children need more time with
Father due to their young ages. It is expected that the hearing will require 2 days.
Date acq line M. Verney, Esquire
Custody Conciliator
TRAVIS L. MELLINGER,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008-1793
IN CUSTODY
PETITION FOR CONTINUANCE
AND NOW, comes Darlene F. Mellinger, Defendant above, by and through her counsel,
DARLENE F. MELLINGER,
Defendant
Saidis, Flower & Lindsay and petitions this Honorable Court as follows:
1. The parties hereto are parents of two children: Teagan Reeves Mellinger,
July 26, 2006, and Tristan Lee Mellinger, born September 22, 2003.
2. The parties separated on March 15, 2008 and since separation, the child
have been in the primary physical custody of Petitioner.
3. On May 8, 2008, an Order was entered after a conciliation calling for a hearing
be set on August 20 and 21, 2008. A copy of the Order is attached hereto as Exhibit "A".
4. The Order of May 8, 2008, in paragraph 7, states, "the parties shall
with a custody evaluation performed by Arnold Shienvold or other evaluator agreed to
counsel for the parties. Mother shall pay the cost for the evaluation unless otherwise ordered
the Court."
5. On May 14, 2008, the undersigned wrote Dr. Shienvold advising him that he
SAIDIS,
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
been appointed to perform the evaluation.
6. Although Petitioner made an appointment immediately with Dr. Shienvold
office, Respondent did not call Dr. Shienvold's office until June 10, over one month after the
conciliation conference in the Court Order. Furthermore, he did not actually schedule hi:
appointment with Dr. Shienvold until some time between June 30, 2008 and July 3, 2008
according to Dr. Shienvold's assistant. Respondent is not scheduled to meet with Dr. Shienvok
until August 5, the earliest date they could give him for an appointment given the time of
calling.
In the meantime, Petitioner has scheduled a second appointment.
7. Neither of the children have been seen nor have psychometric testing
performed.
8. Dr. Shienvold's assistant has reported that under these circumstances, no rel
can be completed before the hearings scheduled for August 20 and 21, 2008.
9. On July 31, 2008, the undersigned sought a continuance from counsel
Respondent.
10. Respondent's counsel refused the continuance setting out his reasons in a le
of August 1, 2008, a copy of which is attached hereto as Exhibit "B".
11. The Honorable J. Wesley Oler, Jr. has been assigned to this case.
WHEREFORE, Petitioner prays this Honorable Court to continue the hearing set
August 20 and 21 to permit the completion of a custody evaluation.
SAIDIS,`FLO R & LINDSAY
Carol J. indsay, s ire
ID No. 44693
26 West High S reet
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
SAIDIS,
FLOWER &
LINDSAY
ATF0WarWT-
26 West High Street
Carlisle, PA
MAY 0 7 2008
TRAVIS L. MELLINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2008-1793 CIVIL ACTION - LAW
DARLENE F. MELLINGER,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this day of , 2008, upon
consideration of the attached Custody Conciliati Report, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No. of the Cumberland
County Court House, on the ?o , day of , 2008, at 1/'J-4
o'clock, fIM, M., and the day of , 2008, at 9:36
o'clock, g`.M. at which time testimony will be tak . For purposes of this Hearing, the
Father 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 five days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the custody
provisions in the Order of Court dated March 24, 2008 at docket No. 2008-1700 shall
remain iii full force and effect with the following additions.
3. The Father, Travis L. Mellinger and the Mother, Darlene F. Mellinger,
slial I have shared legal custody of Tristan Lee Mellinger, born September 23, 2003 and
Tel-lan Reeves Mellinger, born July 26, 2006. Each parent shall have an 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. Pursuant to the terms of 23 Pa.C.S. §5309,
eacli parent shall be entitled to all records and information pertaining to the children
including, but not limited to medical, dental, religious or school records, the residence
address of the children and the other parent. To the extent one parent has possession of
any such records or information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent. Both parents shall be entitled to full
participation in all educational and medical/treatment planning meetings and evaluations
with regard to the minor children. Each parent shall be entitled to full and complete
information from any physician, dentist, teacher or authority and copies of any reports
given to them as parents including, but not limited to: medical records, birth certificates,
school or educational attendance records or report cards. Additionally, each parent shall
be entitled to receive copies of any notices which come from school with regard to school
pictures, extracurricular activities, children's parties, musical presentations, back-to-
school nights, and the like.
4. In addition to alternating weekends from Friday at 6:30 p.m. to Sunday at
7:00 p.m., Father shall have physical custody of the children every Wednesday from 7:00
a.m. to 6:00 p.m.
5. Neither party may partake in any alcohol or illegal drugs immediately
prior to or during their periods of physical custody.
6. Father shall insure that the firearms in his home are locked and not
accessible to the children.
7. The parties shall cooperate with a custody evaluation performed by Arnold
Shienvold or other evaluator agreed to by counsel for the parties. Mother shall pay the
cost for the evaluation unless otherwise ordered by the court.
8. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
BY THE COURT,
J. Wesley Oler, Jr., J.
cc: Wayne F. Shade, Esquire, counsel for Father
Carol J. Lindsay, Esquire, counsel for Mother
TRUE: OPT 9 ?}R
\.. V ;1k h..
Testimony whereof, I here unto set my h,?;
id the seal of said Court at Carlisle. Pa..
h1?a ? 0 ? ooP'
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TRAVIS L. MELLINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2008-1793 CIVIL ACTION - LAW
DARLENE F. MELLINGER,
Defendant : IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr., 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 are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Tristan Lee Mellinger September 23, 2003 Mother
Te-Tan Reeves Mellinger July 26, 2006 Mother
2. A Conciliation Conference was held May 6, 2008 with the following
individuals in attendance: The Father, Travis L. Mellinger, with his counsel, Wayne F.
Shade, Esquire, and the Mother, Darlene F. Mellinger, with her counsel, Carol J. Lindsay,
Esquire.
3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court
dated March 24, 2008 in connection with a PFA at docket No. 2008-1700 providing for
Father to have periods of temporary custody on alternating weekends from Friday at 6:30
p.m. to Sunday at 7:00 p.m. This was a modification of the custody provisions in the
Temporary PFA at the same docket number. Testimony has concluded in the PFA
hearing. Judge Oler has taken the matter under advisement.
4. Father's position on custody is as follows: Father seeks shared legal and
primary physical custody, but would agree to some 50/50 arrangement. Father denies the
PFA allegations. He asserts that the children have been removed from the marital home
by mother and being returned to the marital home would restore stability in their lives.
Father further asserts that the paternal grandmother previously provided daycare for the
children who are now being transported with Mother to a day care facility next to her
X%orkplace in Harrisburg. Father recently changed jobs and works from 11:00 p.m. to
.m. and is available to provide all of the daycare for the children, not just the
re when the children are in his care and custody. Father maintains that this too
provide stability in the children's lives. If Father was in need of sleep because of
ft work, paternal grandmother could care for the children for part of the day while
slept. Father will cooperate with a custody evaluation. Father denies Mother's
tions of alcohol abuse and misuse of firearms. Father sought additional time with
ildren since the alternating weekend schedule resulted in him not seeing the
°n for 12 days. He rejected Mother's offer of one evening per week from 6:00 p.m.
) p.m. believing this short period of time would only upset the children with
ioning.
5. Mother's position on custody is as follows: Mother seeks shared legal and
y physical custody of the children, with Father having alternating weekends, from
to Sunday. She offered one evening per week from 6:00 p.m. to 7:30 p.m.
r asserted that Father has an alcohol problem. She also asserts that the guns in the
pose a safety hazard to the children. Mother does not agree with Father providing
ycare since he will need to sleep after work. Mother suggested a custody
tion be performed before she would agree to additional time for Father. Mother
°ed strenuously with the recommendation of Father having physical custody of the
,n every Wednesday from 7:00 a.m. to 6:00 p.m.
6. The Conciliator recommends an Order in the form as attached scheduling
ing and ordering shared legal custody, Mother having primary physical custody
.then having periods of partial physical custody on alternating weekends and every
?sday from 7:00 a.m. to 6:00 p.m., believing the children need more time with
due to their young ages. It is expected that the hearing will require 2 days.
acq line M. Verney, Esquire
Custody Conciliator
WAYNE F. SH)WE
ATTORNEY AT LAW
53 WEST POMPRET STREET
CARLISLE, PENNSYLVANIA 17013
(717) 243-0220
(800) 243-0220
WSVOCI?ha•iBri C?a::J:.nt.a?;t
August 1, 2008
FACS,IPALLC.JQ 2=13-6510
Caro! j. Lincisay, Esquire
Saidis, l ir,tiv-?r & Lindsay
26 West t-flob StrOct
Carlisle, Pennsylvania 17013
Dear K_ arf.) i
Re: Mellinger v. Mellinger
T h i ? , s in prompt response to your letter yesterday concerning the
evaluation ? .-Id requesting a continuance of the scheduled hearings.
We ,.::ad your letter to imply that the delay in completion of the
fault of i4 usband. At the same time, you confirm that Wife has only a'
session, i?t~1':.el{',
We it ave problems with the request for a continuance. The first is t1.
made it c1car fi,om the outset that we do not see such an evaluation as nece5
stems troin -he fact that Judge Oler obviously did not believe Wife's extern
scandalot?,...illcgations by Wife against Husband over the two days of heari;
protection h-om abuse. This is clearly evident from his dismissal of the con
protet.;tion 6,oni abuse and his ordering partial custody of the children on al
weekends and all clay every Wednesday. Our repeated argument to the judl
the 11?oc:t°cd; ags ti as that Wife was advancing the allegations of abuse to g?
the uistod You may recall that the Wednesday custody was over your str
objectioin . conciliation and your ex parte objection to the judge. We wot
it is cpbvit)u:; that, if Judge Oler had believed Wife's obstinate, unfounded c
the pi.otectF.Jn. 1roin abuse proceedings and in conciliation, that the father is
dan.o'-O to the children, he would not have ordered all-day partial custody 01
Whc1°{? t}i?:: 1rl?IJor custody factors clearly favor the father, we maintain that
(717) 249-0017
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Page 2
for a psychological evaluation is as much a desperate attempt to gain levt
custody case: as were her scandalous and unfounded allegations of abuse.
Wife persi: tcd In these same unfounded allegations in the hearing on the
recornmendc!d order for child support.
The::3ceund problem that we have with the request for a continuance
has refused t:) cooperate in agreeing that Husband have the children everyda
at wori,:. L)uring the protection from abuse proceedings, Wife filed a motion
contintaanec s.6r the convenience of her counsel. During a conference call w;
Oler and Gn ce D'Alo on March 27, 2008, we indicated that we would agree
contin t.aance:._ t Wi fc would agree that Husband would have the children ever
Wife is at tvork. That was our only stipulation. When Wife refused to agree
Judge Oler denied the continuance; and Wife was required to proceed with o
The third problem that we have with the request for a continuance is i
complete ) ac k of any problem with partial custody in the months since the ht
protection from abuse clearly belies any suggestion that an award of custody
would constitute any sort of threat to the best interests and general welfare o
Where the partial custody is going smoothly, we believe that Judge Oler will
to our positron that a psychological evaluation would be a needless exercise
At the ve,-N; Feast., we believe that Judge Oler will not be receptive to prejudi(
father as a s•.%suh of delay. Therefore, we would not oppose a continuance i
agree to t?%vo provisions. The first would be that, prior to the hearings, Trist•
enrolled in &ny school other than the school that he would attend if he were
former marital. residence. The second is that, commencing immediately, Hu
have tihe chi idren during the day, everyday when Wife is at work.
In thu, meantime, we would, again, renew our request for copies ofth
birth ceniffc,ates, social security cards, who babysits the children when Wife
work. die phone numbers for the daycare, copies of any reports from the das
person whet - ;s identified as the emergency contact for the children at daycare
recal l that t} -, is Information was requested in our letter of May 19, 2008, to L
that t-'as cojned to you. We renewed that request in our letter of June 12, 2(j
the
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he children.
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this case.
to the
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will not be
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and will
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re, and the
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, to you.
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1I111 1
Wayne F. Shade, I'squire, to
Carol J. Undsay, "squire
August I, 200E
Page 3
We WOUid also renew the request in our letter of June 23, 2008, for a
Wife's 2007 it :deral income tax return.
kde e?w-tesily hope that we will be able to reach agreement upon these
issues.
Very truly yours,
Wayne F. Shade
WFS/c
cc: Mr.. 'Y'nivis L. Mellinger
of
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8000800000 99:ti1 8002/10/80
CERTIFICATE OF SERVICE
On this 5t' day of August, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS,
FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was
served on the following individual, via facsimile, addressed as follows:
Via Facsimile 249-0017
Wayne F. Shade, Esq.
53 West Pomfret Street
Carlisle, PA 17013
SAIDIS, FLOWER & LINDSAY
Carol J. Lindsay, Esquire
Supreme Court ID No. 44693
26 West High Street
Carlisle, PA 17013
717-243-6222
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
TRAVIS L. MELLINGER,
Plaintiff
V.
DARLENE F. MELLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-1793 CIVIL TERM
CUSTODY
HUSBAND'S ANSWER TO WIFE'S
PETITION FOR CONTINUANCE OF CUSTODY HEARINGS
AND NOW, comes Plaintiff TRAVIS L. MELLINGER, by his attorney Wayne F.
Shade, Esquire, and files the following Answer to Wife's Petition for Continuance:
1.
Admitted. Plaintiff TRAVIS L. MELLINGER will refer to himself herein as
Husband and to Defendant DARLENE F. MELLINGER as Wife.
2.
Admitted. By way of further answer, Husband avers that the children have been
with Wife because she deceitfully snatched them from the marital residence without
warning and while advancing spurious allegations of abuse against Husband.
3.
Admitted.
4.
Admitted. By way of further answer, Husband avers that Wife requested the
WAYNE F. S14ADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
custody evaluation. Husband agreed to cooperate with the evaluation, but Husband's
position has consistently been that an evaluation is not necessary in this case for the same
1
reasons that your Honorable Court ordered unsupervised partial custody in the father after
dismissing Wife's allegations of abuse.
5.
Admitted.
6.
Husband has no information as to when Wife scheduled her appointment with Dr.
Shienvold, but she has had only one appointment with Dr. Shienvold since the date of the
conciliation. Counsel for Husband sent a letter to Dr. Shienvold regarding the case on
May 19, 2008. When we did not hear from Dr. Shienvold by June 10, 2008, counsel for
Husband instructed Husband to contact the office of Dr. Shienvold.
7.
Admitted.
8.
Admitted.
9.
Admitted.
10.
Denied. On the contrary, Wife attached, to her Petition, the letter of August 1,
2008, from counsel for Husband to counsel for Wife. In that letter, Husband clearly
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-2-
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
stated that he was willing to agree to a continuance if Wife would abandon her
unreasonable refusal of Husband's request to provide the daycare for the children when
Wife is at work and if Wife would agree that Tristan would not be enrolled in a school
other than the school where he would attend if he were still living in the marital residence
with Husband. Four year old Tristan has not previously been enrolled in school. We
received no response to those suggestions other than the Petition for Continuance, and the
children remain in daycare with unrelated third parties when they could be on the farm
with Husband during the day. By way of further answer, the aforesaid letter reviews the
circumstances under which your Honorable Court refused Wife's similar request for a
continuance of the protection from abuse proceedings when Wife refused Husband's
request to provide the daycare for the children when Wife is at work. The parties live
only approximately five miles apart, but in different school districts. Husband remains in
the marital residence which is next door to the residence of his parents on the family farm.
Wife lives in a rental property. Husband avers that it would be contrary to the best
interests of Tristan for him to be enrolled in a school where Wife resides if there is any
reasonable prospect that Husband would be awarded primary custody of the children or if
there is any reasonable prospect that Wife would be relocating to another school district
upon expiration of her lease. Husband's partial custody of the children, including the
daycare all day every Wednesday has been proceeding smoothly for the past three
-3-
months. Under those circumstances, Husband avers that he would be prejudiced by delay
in the hearings where Wife persists in her unreasonable refusal of Husband's request to
provide the daycare for the children everyday. Husband further avers that the best
interests and general welfare of the children as to the stability of their situation going
forward would be served by conducting the hearings as scheduled to deal with the
daycare and school enrollment issues and then scheduling an additional hearing for the
testimony of the psychologist, if your Honorable Court were to see any necessity for such
testimony.
WHEREFORE, Plaintiff respectfully requests that Defendant's Petition for
Continuance be dismissed.
Date: August 5, 2008
Wayne . Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-4-
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TRAVIS L. MELLINGER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
DARLENE F. MELLINGER,
Defendant NO. 08-1793 CIVIL TERM
ORDER OF COURT
AND NOW, this 6t' day of August, 2008, upon consideration of Defendant's
Petition for Continuance and of Husband's Answer to Wife's Petition for Continuance of
Custody Hearing, the petition for continuance is denied.
BY THE COURT,
Wayne F. Shade, Esq.
53 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
,Q6'ol F. Lindsay, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Defendant
ilY -?? I i 'j J. esley Ole Jr.,
'VlNVAIAS dN3d
AiNnno
CC :Z Wd L- 9AV 9062
i'?llvur.?tl 3HHi
)U,40-031W
TRAVIS L. MELLINGER,
Plaintiff
V.
DARLENE F. MELLINGER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008-1793
IN CUSTODY
PETITION FOR RECONSIDERATION OF REQUEST FOR CONTINUANCE
AND NOW, comes Darlene F. Mellinger, Defendant above, by and through her counsel,
Saidis, Flower & Lindsay and petitions this Honorable Court as follows:
1. The parties hereto are parents of two children: Teagan Reeves Mellinger,
July 26, 2006, and Tristan Lee Mellinger, born September 22, 2003.
2. A hearing on the custody of the parties' children is set before this Honorab
Court for August 20 and August 21, 2008.
3. A Conciliation Order, at paragraph 7, states, "the parties shall cooperate with
custody evaluation performed by Arnold Shienvold or other evaluator agreed to by counsel
the parties."
4. On August 5, 2008, the day on which counsel for Petitioner was leaving
vacation, the undersigned filed a Petition for Continuance because the custody evaluation
not been completed, or even really started, in part because the Respondent had not made h
appointment with the conciliator until early July 2008.
5. On the same date, but after the undersigned had left her office, counsel
SAMIS,
FLOWER &
LINDSAY
ATTOMEr?AT-tAw
26 West High Street
Carlisle, PA
Respondent filed an Answer and the Court ultimately denied the Petition for Continuance.
6. In the Answer, Respondent made some misstatements of the facts, to wit:
paragraph 10, Respondent implies that the older child, Tristan, will be enrolled in school
year. In point of fact, Tristan is four years old and will not be attending school in the 2008
school year. Respondent states, "Husband avers that it would be contrary to the best inter
of Tristan for him to be enrolled in a school where Wife resides if there is any reason
prospect that Husband would be awarded primary custody of the children or if there is an)
reasonable prospect that Wife would be relocating to another school district upon expiration o
his lease." Husband goes on to state, "Husband further avers that the best interest and genera
welfare of the children as to the stability of their situation going forward would be served bj
conducting the hearings as scheduled to deal with the daycare and school enrollment issues...."
7. There are no school enrollment issues at the present time and will not be for
year.
8. Petitioner believes and therefore avers that the Court may have been misled
the Answer to believe that a hearing in August was necessary in order to provide for a
environment for the children for the upcoming school year when that is not correct.
9. Petitioner believes and therefore avers that the valuation by the psych
previously ordered by the Court, should be completed in order to address all of the issu
including the issue of daycare while the children's parents work.
10. Petitioner believes and therefore avers that Respondent himself is the cause
the need for a continuance since he failed to make the appointment with the psychologist
nearly two months after the conciliation conference at which he agreed to participate.
11. The Honorable J. Wesley Oler, Jr. has been assigned to this case.
12. Plaintiff does not agree with the relief requested.
WHEREFORE, Petitioner prays this Honorable Court to reconsider its decision of
OWER ?
J NDSAY
West High Street
Carlisle, PA
7, 2008 and to grant the continuance.
SAIDIS, FLOWER & S Y
/1?? , ?, .
Carol J. Linds quire L
ID No. 4469
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
CERTIFICATE OF SERVICE
On the j? day of August, 2008, I, Carol J. Lindsay, Esquire, of the
FLOWER & LINDSAY, hereby certify law firm of SA
Y ify that on this date a
served on the following individual, via first class mail Postage prepaid, addressed as follows:
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
SAIDIS, FLOWER & LM
Car J. mdsay, Esgw
Supreme Court, D No.
26 West High tree
Carlisle, PA 17 13
717-243-6222
>AIDIS,
INDSAy
Vest High Street
Carlisle, PA
Y r '
2
?IIIIMM
TRAVIS L. MELLINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 08-1793 CIVIL TERM
DARLENE F. MELLINGER,
Defendant : CUSTODY
HUSBAND'S ANSWER TO WIFE'S
PETITION FOR RECONSIDERATION
OF REQUEST FOR CONTINUANCE OF CUSTODY HEARINGS
AND NOW, comes Plaintiff TRAVIS L. MELLINGER, by his attorney Wayne F.
Shade, Esquire, and files the following Answer to Wife's Petition for Reconsideration of
Request for Continuance:
1.
Admitted. Plaintiff TRAVIS L. MELLINGER will refer to himself herein as
Husband and to Defendant DARLENE F. MELLINGER as Wife.
2.
Admitted.
3.
Admitted. By way of further answer, Husband avers that Wife requested the
WAYNE F. SHADI
Attomey at Law
53 West Pomfret Stret
Carlisle, Pennsylvani
17013
custody evaluation. Husband agreed to cooperate with the evaluation, but Husband's
position has consistently been that an evaluation is not necessary in this case for the same
reasons that your Honorable Court ordered unsupervised partial custody in the father after
dismissing Wife's allegations of abuse.
4.-5.
Admitted.
6.
The averments of ¶6 of Wife's Petition are admitted in part and denied in part. It
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
is admitted that the alleged statements were made, but it is denied that they were
misstatements of fact. On the contrary, Husband avers that Tristan will be 5 years of age
on September 22, 2008. Wife attached, to her Petition for Continuance, the letter of
August 1, 2008, from counsel for Husband to counsel for Wife. In that letter, Husband
clearly stated that he was willing to agree to a continuance if Wife would abandon her
unreasonable refusal of Husband's request to provide the daycare for the children when
Wife is at work and if Wife would agree that Tristan would not be enrolled in a school
other than the school where he would attend if he were still living in the marital residence
with Husband. Prior to filing her Petition for Continuance, neither Wife nor her counsel
made any effort to communicate to Husband or his counsel that Wife did not intend to
enroll Tristan in kindergarten this fall. So at the time that we filed our Answer to Wife's
Petition for Continuance, we had no reason to believe anything other than that she
intended to enroll Tristan in kindergarten this fall. Where Wife has been so deceitful in
this case as to have advanced spurious allegations of abuse against Husband and to
profess her love for him and engage in repeated sexual relations with him while she was
-2-
preparing to remove the children from the marital residence without warning and where
she has called the Pennsylvania State Police on Husband on more than one occasion since
March of 2008 without any justification whatsoever, Husband was concerned that, if a
continuance were granted, Wife would enroll the child in school in another school district
and then argue that it would be against the child's best interests to remove him from that
school.
7.
Accepting Wife's indication that she will not be attempting to enroll Tristan in
kindergarten this year, Husband would still be prejudiced by delay in this case in view of
Wife's unreasonable refusal to permit Husband to provide the daycare for the children
while Wife is at work.
8.
The averments of ¶7 above are incorporated herein by reference as though fully set
forth.
9.
The averments of ¶9 of Wife's Petition are denied. On the contrary, Husband
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
avers that Wife attached, to her Petition, the letter of August 1, 2008, from counsel for
Husband to counsel for Wife. In that letter, Husband clearly stated that he was willing to
agree to a continuance if Wife would abandon her unreasonable refusal of Husband's
-3-
request to provide the daycare for the children when Wife is at work and if Wife would
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
agree that Tristan would not be enrolled in a school other than the school where he would
attend if he were still living in the marital residence with Husband. We further clearly
averred in ¶10 of our Answer to Wife's Petition for Continuance that 4 year old Tristan
has not previously been enrolled in school. We further averred that we had received no
response to the concerns expressed in our letter of August 1, 2008, other than Wife's
Petition for Continuance. We further averred in ¶10 of our Answer that the children
remain in daycare with unrelated third parties when they could be on the farm with
Husband during the day. The letter that Wife attached to her Petition for Continuance
also reviewed the circumstances under which your Honorable Court refused Wife's
similar request for a continuance of the protection from abuse proceedings when Wife
refused Husband's reasonable request to provide the daycare for the children when Wife
is at work. There was no issue of school enrollment in connection with the refusal of that
previous request for a continuance, and Wife was aware of that when she filed her
Petition for Continuance of the custody hearings. We expressly averred in ¶10 of our
Answer to Wife's Petition for Continuance that Husband's partial custody of the children,
including the daycare all day every Wednesday for more than three months has been
proceeding smoothly and that Husband would be prejudiced by delay in the hearings
where Wife persists in her unreasonable refusal of Husband's request to provide the
-4-
daycare for the children everyday. In the face of those express averments, Wife has not
averred, in her Petition for Reconsideration that there have been any problems with
Husband's partial custody of the children, and we aver that the evidence will confirm that
there have been none. The complete absence of any such problems will clearly belie the
need for a psychological evaluation to resolve this case. Finally, we averred in ¶10 of our
Answer to Wife's Petition for Continuance that the best interests and general welfare of
the children as to the stability of their situation going forward would be served by
conducting the hearings as scheduled and then scheduling an additional hearing for the
testimony of the psychologist if your Honorable Court were to see any necessity for such
testimony.
10.
The averments of ¶ 10 of Wife's Petition are denied. On the contrary, Husband
avers that the difficulty in scheduling an appointment with Dr. Shienvold is illustrated by
the fact that Wife has also only seen Dr. Shienvold for one session since the custody
conciliation conference.
11.- 12.
Admitted.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-5-
WHEREFORE, Plaintiff respectfully requests that Defendant's Petition for
Continuance be dismissed.
Date: August 14, 2008
l/vu?
Wayne . Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-6-
TRAVIS L. MELLINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 08-1793 CIVIL TERM
DARLENE F. MELLINGER,
Defendant : CUSTODY
CERTIFICATE OF SERVICE
I, Wayne F. Shade, Esquire, do hereby certify that I have this date served a copy of
Plaintiff's Answer to Wife's Petition for Reconsideration of Request for Continuance of
Custody Hearings in the above-captioned matter upon Defendant by facsimile
transmission to Carol J. Lindsay, Esquire, Saidis, Flower & Lindsay at 717-243-6510.
Date: August 14, 2008
Wayne F. Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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TRAVIS MELLINGER,
Plaintiff
vs.
DARLENE F. MELLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-1793 CIVIL
IN CUSTODY
IN RE: DEFENDANT'S PETITION FOR RECONSIDERATION
OR REQUEST FOR CONTINUANCE OF CUSTODY HEARINGS
ORDER
AND NOW, this 15th day of August, 2008, upon consideration of Defendant's Petition
for Reconsideration of Request for Continuance, and of Husband's Answer to Wife's Petition for
Reconsideration of Request for Continuance of Custody Hearings, Defendant's petition for
reconsideration is denied.
BY THE COURT,
JK'ayne F. Shade, Esquire
For the Plaintiff
arol Lindsay, Esquire J
For the Defendant
:rlm
J fFesley Oler" Jr., J.
00 M
iLij
CSC
TRAVIS L. MELLINGER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
DARLENE F. MELLINGER,
Defendant 2008-1793 CIVIL TERM
IN RE: RECORD DECLARED CLOSED
ORDER OF COURT
AND NOW, this 21st day of August, 2008, upon
consideration of the issue of custody with respect to the parties
children, Tristan Lee Mellinger (date of birth, September 22,
2003) and Tegan Reeves Mellinger (date of birth, July 26, 2006),
and follow a hearing held on August 20, 2008, and August 21,
2008, the record is declared closed, and the matter is taken
under advisement.
By the Court,
/yne F. Shade, Esquire
53 W. Pomfret Street
Carlisle, PA 17013-3217
For Plaintiff
/arol J. Lindsay, Esquire
26 W. High Street
Carlisle, PA 17103-2956
For Defendant
:mae
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Cn-
TRAVIS L. MELLINGER,
Plaintiff
V.
DARLENE F. MELLINGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-1793 CIVIL TERM
IN RE: CUSTODY ADJUDICATION
AND NOW, this 25th day of August, 2008, upon consideration of Plaintiff's
Complaint for Custody, with respect to the parties' children, Tristan Lee Mellinger (d.o.b.
September 22, 2003) and Teagan Reeves Mellinger (d.o.b. July 26, 2006), following a
hearing held on August 20 and August 21, 2008, and based upon the court's view as to
the best interests of the children, it is ordered and directed as follows:
1. Legal custody of the children shall be shared by the parties.
Each parent shall have an 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. Pursuant to
the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all
records and information pertaining to the children including, but not
limited to, medical, dental, religious and school records, the residence
address of the children, and the residence address of the other parent.
To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make
the records and information of reasonable use to the other parent.
Both parents shall be entitled to full participation in all educational
and medical/treatment planning meetings and evaluations with regard
to the children. Each parent shall be entitled to full and complete
information from any physician, dentist, teacher or authority and
Alt
C :6 LZ 91V 8601
copies of any reports given to them as parents including, but not
limited to: medical records, birth certificates, school or educational
attendance records or report cards. Additionally, each parent shall be
entitled to receive copies of any notices which come from school with
regard to school pictures, extracurricular activities, children's parties,
musical presentations, back-to-school nights, and the like.
2. Primary physical custody of the children shall be in the mother.
3. Temporary or partial physical custody of the children shall be
in the father at the following times:
a. September through May,
(1) On alternating weekends from
Friday at 6:30 p.m. until Sunday at 7:00
p.m.;
(2) Each Wednesday from 6:30 a.m.
until 6:00 p.m.;
(3) On Thanksgiving, from 3:00 p.m.
until 8:00 p.m.;
(4) From Christmas Day at 3:00 p.m.
until December 31 at 3:00 p.m.
b. June through August,
(1) One week out of every three
weeks, said weeks commencing on
Sunday at 7:00 p.m. and ending on
Sunday at 7:00 p.m., the first week of
which shall be the first full such week in
June.
4. Transportation for purposes of custody exchanges shall be the
responsibility of the party receiving custody.
5. Because of the mother's employment commitments, in the
event the father or his designee is not on time for the Wednesday
morning custody exchange, the mother may regard that period of
temporary or partial custody forfeited and place the children in day-
care.
6. Both parties shall ensure that any firearms in their respective
residences shall be locked and not accessible to the children.
7. The parties shall cooperate with the custody evaluation being
performed by Dr. Arnold T. Shienvold, the expense of which is to be
borne by the mother.
8. Nothing herein is intended to preclude the parties from
deviating from the terms of this agreement by mutual consent.
BY THE COURT,
J. Wesley Ofer'! r., J.
Aayne F. Shade, Esq.
53 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
,'arol F. Lindsay, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Defendant