HomeMy WebLinkAbout06-5735NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, you
may lose rights and visitation of your child.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
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.
DAWN MELLOTT,
Plaintiff
V.
ELIZABETH SCHLUSSER &
JASON MELLOTT, SR.
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO.06-CIVIL TERM
COMPLAINT FOR VISITATION
The plaintiff, Dawn Mellott, by her attorneys, the Family Law Clinic, sets forth the
following cause of action in custody.
1. The plaintiff is Dawn Mellott, residing at 111 East Pomfret Street, Carlisle,
Cumberland County, Pennsylvania 17013.
2. The defendants are Elizabeth Schlusser, residing at 187 Whiskey Run Road, Newville,
Cumberland County, Pennsylvania, 17241, and Jason Mellott Sr., residing at 187
Whiskey Run Road, Newville, Cumberland County, Pennsylvania, 17241.
3. Plaintiff seeks visitation of:
Name Present Residence Age (Date of Birth)
Andrew Mellott 187 Whiskey Run Rd., 6 (August 6, 2000)
Newville, Cumberland County,
Pennsylvania, 17241
Jason Mellott, Jr. 187 Whiskey Run Rd. 12 (May 29, 1994)
Newville, Cumberland County,
Pennsylvania, 17241
The children were born in wedlock.
The children are presently in the custody of Elizabeth Schlusser, who resides at 187
Whiskey Run Road, Newville, Cumberland County, Pennsylvania.
During the past five years the children have resided with the following persons at the
following addresses:
Persons Address Dates
Elizabeth Schlusser 187 Whiskey Run Road 9/2003- Present
Jason Mellott, Sr. Newville,
Cumberland County,
Pennsylvania, 17241
Dawn Moppin 98 Fairview Street, Lot 4
Melvin Moppin Carlisle,
Cumberland County,
Pennsylvania, 17013
Dawn Mellott Safe Harbor
102 West High Street
Carlisle,
Cumberland County,
Pennsylvania, 17013
The mother of the children is Dawn Mellott.
She is single.
The father of the children is Jason Mellott Sr.
He is single.
3/2002 - 9/2003
9/2001 - 3/2002
4. The relationship of plaintiff to the children is that of mother. The plaintiff currently
resides with the following persons:
Name
Catherine Savage
Robert Thrush
Name
Andrew Mellott
Jason Mellott, Jr.
Jason Mellott, Sr.
5.
a. The relationship of defendant Elizabeth Schlusser to the children is that of
paternal great grandmother. The defendant Elizabeth Schlusser currently
resides with the following persons:
Relationship
Plaintiff's Mother
Mother's Paramour
Relationship
Great Grandson
Great Grandson
Grandson
b. The relationship of defendant Jason Mellott, Sr. to the children is that of father.
The defendant Jason Mellott, Sr. currently resides with the following persons:
Name Relationship
Andrew Mellott Son
Jason Mellott, Jr. Son
Elizabeth Schlusser Grandmother
6. A dependency action involving the children is docketed at CP-21-JV-100-2000.
By the order of the court on June 24, 2005, the defendant, Elizabeth Schlusser, was
named permanent legal custodian of Andrew and Jason Mellott, Jr., and dependency
was terminated. Pursuant to the order, the plaintiff, Dawn Mellott, is to have visitation
with both children during therapy sessions, supervised by the therapist. In addition, the
order recommends that "all parties, Elizabeth Schlusser, the therapist, and the
children's mother work together to attempt to ensure that these counseling sessions
occur in a consistent fashion and in a way that it is as accessible as possible to their
mother." (Page 2 of the Master's report, attached.)
Notwithstanding this order, defendant Elizabeth Schlusser has not allowed the plaintiff
to participate in therapy sessions. Ms. Schlusser has changed the children's therapists
from Tressler Care to Keystone, and has not informed the therapist of the court-ordered
visitation during therapy sessions.
Plaintiff has no information of a custody proceeding, other than the above-referenced
dependency action, concerning the children pending in a court of this Commonwealth,
or any other state.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation rights with respect to the
children.
7. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody to the children have been named as parties to this
action.
8. The best interest and permanent welfare of the children will be served by granting the
relief requested because:
a. Plaintiff is the biological mother of the children;
b. Plaintiff does not seek primary custody, she wishes for Ms. Schlusser to remain
the primary caretaker;
c. Plaintiff seeks supervised therapy sessions as permitted by the most recent
Order of Court in the dependency action;
d. Plaintiff is willing and able to attend counseling sessions with the children.
WHEREFORE, plaintiff requests the court to grant an order requiring
defendant, Elizabeth Schlusser, to take all steps necessary to reinstate visitation of the
children with plaintiff.
Date: 7/'-)a/0b
Respectfully submitted,
essica D. Woodman-Hardy
Certified Legal Intern
THOMA . PLACE
ROBERT E. RAINS
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
MEGAN RIESMEYER
KATE CRAMER-LAWRENCE
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to
unworn falsification to authorities.
Dawn Mellott
Date
Z,!.SA C;ZAXVA1
IN THE MATTER OF N. THE COURT OF COMMON PLEAS OF
Andrew Mellott CUMBERLAND COUNTY, PENNSYLVANIA
BORN 6/16/00
A DEPENDENT ]UVENME C'P-21,JV-109-2000
ORDER OIFCQIJRT
AND NOW, This ._ day of U oA- _ 2005 upon hearing of the above Ma3ter's Report, it is
hereby ordered and directed that:
findings, recornr mdation, and repart of the Master are approved. All reasonable efforts were made to prevent
this plecemont. This order is decrned to be in the best interest of the child.
Recnmmwmdations of the Ma ter are modi$od as Mallows:
13Y THE RT.
i' J.
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Andrew Mellott
CP-21-JET-100.2000
R,E,COMII MND&1IQN OF R6S1EI?
Present at the hearing on June 15, 2005were Y.indsay Dare Baird, Esquire, for CCC&YS;
Cathy Miller, Caseworker; Lauren Cummings, Casework Supervisor; Marlene Fuller, Director of
Placement Services; Jacqueline Verney, Esquire, court appointed Guardian Ad Litem for the
juvenile; Lisa M. Greason, Esquire, court appointed counsel for the mother; Elizabeth Schlusser,
Paternal great grandmother and TresslerCare Formal Kinship Foster Mother; Tara Plessinger,
Tresslei-C= Caw Manager; Dawn, Moppin, Mother; Jason Mellott, Sr, Father, and Linda
Blumenschein, CASA.
This hearing is for the benefit of Jason Mellott Jr. age 11 and Andrew Mellott age four. Jason was
adjudicated dependent on May 25, 2000 and Andrew on January 31, 2001. They both spent Significant
amounts of time in the care and custody of their paternal great grandmother Elizabeth Schlusser, both of
them having been placed with her from November b, 2002 until November 11, 1.002, at which time they
returned to their mother's care. Andrew had some additional time placed with his grandmother earlier.
Both weze then placed once again with the paternal great grandmother from September 8, 2003 until
February 3, 2004, at which time she became a TresslerCare Formal Kinship Foster Parent. At that time
the children remained placed with her but in a different status in a Formal Kinship Foster Home.
Permanency reviews were held on Septernbcr 29, 2004 and October 28, 2004 and the goal, for the
juveniles was changed from return home to that of placement with a permanent legal custodian,
specificail y Elizabeth Schlusser. The Agency has eomplowd all of the necessary papeiwark for the
Court to consider Ms. Schlusser as a permanent legal custodian for Jason Mellott Jr. and Andrew
Mellott.
The Guardian Ad Litem and the CASA volunteer both agree with the recommendation of the Agency to
appointment Ms. Schlusser as permanent legal custodian for the boys and to terminate dependency. The
children's mother disagrees. She notes that she has made some positive changes in her life. She is
divorcing Melvin Moppla. She is working fulltime at a Subway in highspire and is in a managerial
position. She is buying a mobile home. She feels that there is inappropriate limitation on her visits with
the boys. She points out that she often misses counseling as a result of transportation proWeui to the
counselor. As a result of an earlier hearing, and testimony by counselors as to some negative aspects of
the children's visit with her mother, it was recommended, and the Court approved, a directive that the
children's mother have visits only in the context of co?mselineg sessions with the children, and that these
visits be expanded beyond this limitation only upon the recommendation of both counselors as
communicated to the Court. The juveniles' mother asked that she be allowed to make phone calls to
speak to the boys. The representative of Tressler indicates that there are some concerns about phone
calls in terarn of some negative reactions of the children to them. It is recommended that Tressler be
directed to ask the counselors to address this issue. If the counselors feel that, at this time, that these
calls should be authorized with any restrictions, such as woriiGuring, they may be permitted by the
counselors. If not, the present restrictions should continue to apply.
Andrew Mellott
U-214V-100-2000
It is reoornmondod that Andrew Mellott and Jason Mellott Jr, be discharged froze the care and custody of
Cumberland County Children and Youth Services and placed in the care and custody of their paternal
great grandmother Ms. E1L2abeth Schlus..ser as perra=cnt legal Ctmtodian, and that dopcnaency be
ternainated.
As permanent custodian it is recommended that Ms. Elizabeth Schlusser have the right to permanent
physical custody of the children, the right to determine the nature of their care and treatment, and the
right and duty to provide for their care, protection, training and education, and to promote the physical,
mental and moral welfare of the children. It is recommended that she also be the children's guardian for
educational nzatturs and have the right to make other sorts of decisions on their behalf, to include travel,
the children's driver's licenses, marriage, and enlistment in the Armed Services.
It is recommended that visitation of the children's mother, Dawn Mellott Moppin, continue to be
supervised by the children's therapist during therapy sessions. The children's mother is concerned that
the counselor is inconsistent. It is recommended that all parties, Elizabeth Schlusser, the therapist, and
the children's mother work together to attempt to erasure that these counseling sessions occur in a
consistent fashion and in a way that it is as accessible as possible to their another, so that she does not
unnecessarily miss these visits. It is recommended that there be no other participants in these therapy
sossium unless preapproved by the therapist. As the children's therapists see progress, it may be
appropriate to increase the visits to include supervised visits which are not a therapeutic session. In that
case, h will be the responsibility of the n-iotlicr lu scck and compensate a provider approved by the
therapist to supervise these visits. It is recommended that Melvin Moppin have no contact with the
children at any time.
Jason Mellott Sr, has unsupervised weekend visits with the boys in his home. These visits are
recommended to occur at times agreed upon by Elizabeth Schlusser, the children and Jason Mellott Sr.
The father should continue to participate in the children's therapy sessions.
The placement of the children with a permanent legal custodian, Elizabeth Schlusser, is deemed to be
safe and in their best interests.
C*h!i Jr., Esquire-ter
Inw
IN THE MATTER OF Lei TTM COURT OF COMMON PLEAS OF
Jason Mellott Jr. CUZv(Z3ERLAND COUNTY, PENNSYLVANIA
BORN 5/29194
A DEPENDENT JUVENILE CF-21-JV-100-2000
OM QF C4[JRT
?/kA
AND NOW, this ?' L day of . 2005 upon hearing of the ahnve Master's Report, it is
hereby ordering5, ed and diretwd that:
wl;: recommenWon, and report of the Master are approved, All reasonable efforts were made to prevent
this placement. This order is deemed to be in the best interest of the child.
Reco-mendwtions of the'Aluter are modif~ud as follows:
BY THE
?r??x
Jason Mellott, Jr.
CP-21-JV-100-2000
C "NDA110N OF MASTER
Present at the hearing on Tune 16, 7001wrre Nndsay Dare Baird, Fsquire, for CCC&C'Y'S:
Cathy Miller, Caseworker; Lauren Cummings, Casework Supervisor; Marlene Fuller, Director of
Placement Services; Jacqueline Verney, Esquire, court appointed Guardian Ad Litem for the
juvenile; Lisa M. Greason, Esquire, court appointed counsel for the mother; Elizabeth Schlusser,
Paternal great grandmother and TresslerCare Formal Kinship Foster Mother; Tara Plessinger,
TresslerCare Case Manager; Dawn Moppin, Mother; Jason Mellott, Sr, Father, and Linda
Blumenschein, CASA,
This hearing is for the benefit of Jasoa Mellott Jr. age 11 and Andrew Mellott age four. Jason was
adjudicated dependent nn May 2S, 2000 =d Andrew on January 31, 2001, They both spent significant
amounts of time in the care and custody of their paternal great grandmother Elizabeth Schlusser, both of
them having been placed with her from November 6, 2002 until November 11, 2002, at which time they
returned to their mother's care. Andrew had some additional time placed with his grandmother earlier,
Both were then placed once again with the paternal great grandmother from September 8, 2003 until
February 5, 2=4, at which time she became a TresslerCare Formal Kinship Foster Parent. At that time
the children remained placed with her but is a different status in a Formal Kinship Foster Home.
Pmmumency reviews worc hcId un September 29, 2004 and October 2s, 2004 and the goal for the
juveniles was changed from return home to that of placement with a permanent legal custodian,
specifically Elizabeth Schlusser. The Agency has completed all of the necessary paperwork for the
Court to consider Ms, Schlusser as a permanent legal custodian for Jason Mellott Jr. and Andrew
Mellott.
The Guardian Ad Litem and the CASA volunteer both agree with the recommendation of the Agency to
appointment Ms. Schlusser as permanent legal custodian for the boys and to terminate dependency. The
children's mother disagrees. She notes that she has made some positive changes in her life. She is
divorcing Melvin Muppin. She is working falltime at a Subway in Highspire and is in a managerial
position. She is buying a mobile home. She feels that there is inappropriate limitation on her visits with
the boys. She points out that she often misses counseling a, a result of transportation problems to the
counselor. As a result of an earlier hearing, and testimony by counselors as to some negative aspects of
the children's visit with her mother, it was recommended, and the Court approved, a directive that the,
children's mother have visits only in the context of counseling sessions with the children, and that these
visits be expanded beyond this limitation only upon the recommendation of both counselors as
communicated to the Court, The juveniles' mother asked that she be allowed to make phone calls to
speak to the boys. The representative of Tressler indicates that there are some concerns about phone
calls in tcrms of some negative reactions of the, children to them. it is recommended that Tressler be
directed to ask the counselors to address this issue. If the counselors feel that, at this time, that these.
calls should be authorized with any restrictions, such w monitoring, they may be permitted by the
counselors. If not, the present restrictions should continue to apply.
Jason lMellott, Jr.
CP-214V-100-2000
It is rcconumonded that Andrew Mellott and rason Mellott Jr. be discharged from the care and custody of
Cumberland Comfy Children and Youth Services and placed in the cage and custody of their paternal
great grandmother Ms. Elizabeth Schlusser as permanent legal custodian., and that dependency be
terminated.
As permanent enctndian it is recommended that Me. Elizabeth Sehlusser have the right to permanent
physical custody of the children, the right to determine the nature of their care and treatment, and the
right and duty to provide for their care, protection, training and ednestion, and to promote the physical,
mental and moral welfare of the children. It is recommended that she also be the children's guardian for
educational matters and have the right to make other sorts of decisions on their behalf, to include travel,
the children's driver's licenses, marriage, and enlistment in the Aimed Services.
It is rccommended that visitatiuu of Lhr children's mother, Dawn Mellott Moppin, continue to be
supervised by the children's therapist during therapy sessions, The children's mother is concerned that
the counselor is inconsistent. It is recommended that all parties, Elizabetlx ScWusscr, the therapist, and
the children's mother work together to attempt to ensure that these counseling sessions occur in a
consistent fashion and in a way that it is as aceecaihle ss passible to their mother, so that she does not
unnecessarily miss these visits. It is recommended that there be no other participants in these therapy
sessions unless preapproved by the therapist. As the children's therapists see progress, it may be
appropriate to increase the visits to include supervised visits which are not a therapeutic session. In that
.case, it will be the responsibility of the mother to seek and compensate a provider approved by the
therapist to supervise these visits. It is recommended that Melvin Moppin have no contact with the
children at any time,
Jason Mellott Sr. has unsupervised weekend visits with the boys in his horne. These visits are
recommended to occur at times agreed upon by Elizabeth Sehlusser, the children and Jason Mellott Sr.
The father should continue to participate in the children's therapy sessions,
The placement of the children with a permanent legal custodian, Elizabeth Schlusser, is deemed to be
safe and in their best interests.
? J es A. Flower Jr., Esquire-Mas`st?
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DAWN MELLOTT
Plaintiff
V.
ELIZABETH SCHLUSSER &
JASON MELLOTT, SR.
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
: NO. 06-5735CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Dawn Mellott, Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
Date
pectfully subLnitted,
Yertified a D. Woodman-Hardy
Legal l Intern
ROBEItt E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
MEGAN RIESMEYER
KATE CRAMER-LAWRENCE
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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DAWN MELLOTT
Plaintiff
V.
ELIZABETH SCHLUSSER &
JASON MELLOTT, SR.
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
: NO. 06- 61-55 CIVIL TERM
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PRAECIPE TO PROCEED IN FORMA PAUPERIS "'
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Kindly allow Dawn Mellott, Plaintiff, to proceed in forma pauperis.
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The Family Law Clinic, attorneys for the parry proceeding in forma pauperis, certifie
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
)go(
Date
pectfully uibwitted,
0ssi?caD. Woodman-Hardy
ertified Legal Intern
ROBE E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
MEGAN RIESMEYER
KATE CRAMER-LAWRENCE
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
DAWN MELLOTT
Plaintiff
V.
ELIZABETH SCHLUSSER &
JASON MELLOTT, SR.
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 06 - 5735 CIVIL TERM
CERTIFICATE OF SERVICE
I, Jessica Woodman-Hardy, Certified Legal Intern, Family Law Clinic, hereby certify that
I served a true and correct copy of the Custody Complaint on Mr. Jason Mellott Sr., residing at
187 Whiskey Run Rd., Newville, Cumberland County, Pennsylvania, 17241, by depositing a
copy of the same in the United States mail, certified, restricted delivery, return receipt requested,
postage prepaid. Service was complete upon receipt by Mr. Jason Mellott Sr., on the 2nd day of
October, 2006 as evidenced by the attached green card, numbered 70050390000326325256.
eCertified Legal Intern
M_ Q ,mot ?6i6
THOI AS M. PLACE ?.
ROBERT E. RAINS
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
MEGAN RIESMEYER
KATE CRAMER-LAWRENCE
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
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v Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
M Print your name and address on the reverse
so that we can return the card to you.
¦ I ttach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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A. Received by (Please Print Clear! B. Date of Delivery
C. Sig ure
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X 1- ? Addressee
Is delivery address different from item 1 ? ? Yes
f YES,, enter delivery address below: ? No
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DAWN MELLOTT : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
ELIZABETH SCHLUSSER &
JASON MELLOTT, SR.
Defendants NO. 06 - 5735 CIVIL TERM
CERTIFICATE OF SERVICE
I, Jessica Woodman-Hardy, Certified Legal Intern, Family Law Clinic, hereby certify that
I served a true and correct copy of the Custody Complaint on Ms. Elizabeth Schlusser, residing
at 187 Whiskey Run Rd., Newville, Cumberland County, Pennsylvania, 17241, by depositing a
copy of the same in the United States mail, certified, restricted delivery, return receipt requested,
postage prepaid. Service was complete upon receipt by Elizabeth Schlusser, on the 2"d day of
October, 2006 as evidenced by the attached green card, numbered 70050390000326324679.
i
Jessica Woo man-Hardy
Certified Legal Intern
!i vLj o
THOMAS M. PLACE ?
ROBERT E. RAINS
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
MEGAN RIESMEYER
KATE CRAMER-LAWRENCE
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article. Addressed to:
/ 7 l?1Jh,c Sk?-yl ?o
7005 0390
PS Form 3811, July 1999
A. Recelved by (Please Print Clearly) B. Date of Delivery
C. Signature
13 Agent
-f„ 0 Addressee_
D. Is d ery address different from item 1? 0 Yes
If YES, enter delivery address below: P No
3. Service Type
Certified Mail 0 Express Mall
0 Registered Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) yes
4679
Domestic Return Receipt
102595-99-M-1789
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OCT o s 2900e
DAWN MELLOTT : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
ELIZABETH SCHLUSSER &
JASON MELLOTT, SR.
Defendants NO. 06-5735CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Dawn Mellott, Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
Date
e pectf illy submitted
Yertified a D. Woodman-Hardy
Legal l Intern
ROBE E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
MEGAN RIESMEYER
KATE CRAMER-LAWRENCE
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
all
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.06-5735 CIVIL ACTION - LAW
IN CUSTODY
ORDER
AND NOW, this ( day of October 2006, upon consideration of the Custody
DAWN MELLOTT,
Plaintiff
VS.
ELIZABETH SCHLUSSER and
JASON MELLOTT, SR.,
Defendants
Complaint filed in this matter and meeting with the Plaintiff and the Father at the
Conciliation that was held on October 19, 2006, and it appearing that the Paternal Great
Grandmother has been appointed legal guardian of the children and she apparently not
receiving notice of the October 19, 2006 conciliation, it is directed that the parties and the
respective attorneys appear before the Custody Conciliator at the fourth floor of the
Cumberland County Courthouse on Wednesday, November 15, 2006 at 9:30 a.m. for a pre-
hearing custody conference. The provisions as set forth on the attached Order dated
October 5, 2006 are incorporated herein by reference thereto.
/ /z/W V/? /
ubert X. Gi oy, Esquire
Custody Conciliator
.r
DAWN MELLOTT IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
06-5735 CIVIL ACTION LAW
ELIZABETH SCHLUSSER AND JASON
MELLOTT, SR. IN CUSTODY S
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, October 05, 2006 , 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 Thursday, October 19, 2006 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. 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,
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Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearings
FOR THE COURT, _--
By: /s/ Hubert X. Gilroy, Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the A'Yf erieans
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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DAWN MELLOTT : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
ELIZABETH SCHLUSSER &
JASON MELLOTT, SR.
Defendants NO. 06 - 5735 CIVIL TERM
ACCEPTANCE OF SERVICE
I accept service of the Order for Conciliation on behalf of Elizabeth Schlusser and certify
that I am authorized to do so.
Date d'Z '6c&
Tay or P. nd;Gvs, Attorney
78 West Pomfret Street
Carlisle, PA 17013
(717) 243-0123
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Nov 20 zoos
DAWN MELLOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v NO. 2006-5735 CIVIL ACTION - LAW
ELIZABETH SCHLUSSER and IN CUSTODY
JASON MELLOTT, SR.,
Defendant
COURT ORDER
"I ?A
AND NOW, this ? day of November, 2006, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The terms of this Court's prior Order in a dependency proceeding at CP-21-JV-
100-2000 dated June 24, 2005 shall remain in effect.
2. Legal counsel for the parties shall work with the Stevens Center or other
appropriate agency to facilitate a counselor or therapist becoming involved with
both minor children for purposes of making a recommendation relative to
Mother's potential visitation with the minor children. This may involve separate
counselors for each child. It is anticipated that the counselor or therapist will meet
with the Mother and other appropriate parties and attempt to devise some type of
visitation schedule and recommend parameters for the visitation in an effort to
allow Mother to have contact with the minor children. The evaluator's
involvement in this matter shall include the evaluator rendering a threshold
recommendation as to whether or not the Mother should have visitation with the
children at this point and, if so, the circumstances under which the visitation
should proceed.
3. The evaluator or therapist involved may share information relative to the results of
these sessions and the recommendations of the evaluator with legal counsel for the
parties.
4. Legal counsel for the parties may contact the Conciliator directly to schedule a
telephone conference in the event such a conference is needed in order to further
facilitate the scheduling of visitation in this case or in the event either party desires
to have a hearing before the Court.
5. It is anticipated that the Paternal Great Grandmother, the Mother, and the Father
as necessary will cooperate in the scheduling and attendance of any counseling or
therapy sessions as required for the two minor children. In the event there are any
costs for these therapy or evaluation sessions that are not paid by applicable
insurance or social service agencies, the Mother shall incur the costs involved.
Edward E. Guido, Judge
Cc: Xfs" Jessica D. Woodman-Hardy
,Araylor P. Andrews, Esquire
,,Mr. Jason Mellott, Sr. I
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DAWN MELLOTT,
Plaintiff
v
ELIZABETH SCHLUSSER and
JASON MELLOTT, SR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-5735 CIVIL ACTION - LAW
IN CUSTODY
Prior Judge: The Honorable Edward E. Guido
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 children who are the subject of this
litigation is as follows:
Andrew Mellott, born August 16, 2000
Jason Mellott, Jr., born May 29, 1994
2. A Conciliation Conference was held on November 15, 2006 with the following
individuals in attendance:
The Paternal Great Grandmother, Elizabeth Schlusser, with her counsel,
Taylor P. Andrews, Esquire
The Mother, Dawn Mellott, who appeared with Jessica D. Woodman-Hardy of
the Dickinson School of Law Family Law Clinic
The Father, Jason Mellott, Sr., who appeared without counsel
3. The parties agreed to the entry of an Order in the form as attached.
Date: November, 2006 /' I/ J)
ubert X. roy, Esquire
Custod onciliator
It - 4k
DAWN MELLOTT,
Plaintiff
v
ELIZABETH SCHLUSSER and
JASON MELLOTT, SR.,
Defendant
MAY S 32007 A
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-5735
CIVIL ACTION - LAW
IN CUSTODY
COURT ORDER
14
AND NOW, this , day of May, 2007, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The paternal great grandmother, Elizabeth Schlusser, shall continue to enjoy
legal and physical custody of Andrew Mellot, born August 16, 2000 and Jason
Mellot, Jr., born May 29, 1994 in accordance with the prior Orders of Court
entered in this case.
2. The mother, Dawn Mellot Keller, shall enjoy periods of visitation with the minor
children as follows:
A. Unless agreed otherwise by the parties, every Sunday from 12:30 p.m.
until 1:30 p.m. The parties shall meet at the McDonald's in Wal-Mart in
Carlisle for this visitation. The visitation shall be restricted to the Wal-
Mart including the McDonald's and the Wal-Mart store.
3. This Order authorizes all school officials to provide information to the mother
and the paternal great grandmother relative to the activities, academics and
other matters relating to both minor children.
4. The parties and their counsel shall meet again with the Custody Conciliator
for a Conciliation Conference on July 5, 2007 at 8:30 a.m.
5. If there are any problems that arise as a result of the schedule set forth above,
legal counsel for both parties may contact the Custody Conciliator directly for
a Telephone Conference Concipion4p address those issues.
Edward E. Guido,
Cc: ,/1CI .Jessica D. Woodman-Hardy 00
ylor P. Andrews, Esquire F:\FQ ES\ erd\Current\12321\Mellot v. Schlosser and Mellott, Report and Order Fa
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3"'A-420-031H
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DAWN MELLOTT KELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v NO. 2006-5735 CIVIL ACTION - LAW
ELIZABETH SCHLUSSER and IN CUSTODY
JASON MELLOTT, SR,
Defendant
Prior Judge: The Honorable Edward E. Guido
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 children who are the subject of this
litigation is as follows:
Andrew Mellott, born August 16, 2000
Jason Mellott, Jr., born May 29,1994
2. A Conciliation Conference was held on May 11, 20076 with the following individuals
in attendance:
The paternal great grandmother, Elizabeth Schlusser, with her counsel,
Taylor P. Andrews, Esquire. The Mother, Dawn Mellott, who appeared with
Jessica D. Woodman-Hardy of the Dickinson School of Law Family Law
Clinic. The Father, Jason Mellott, Sr., did not appear.
3. The parties agreed to the entry of an Order in the form as attached.
Date: S- t U G4
Hubert .'Gilroy, Esquire
Custody Conciliator
L - ..
JUL 0 6 2007/;),1`
DAWN MELLOTT,
Plaintiff
v
ELIZABETH SCHLUSSER and
JASON MELLOTT, SR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-5735 CIVIL ACTION - LAW
IN CUSTODY
COURT ORDER
AND NOW this I ? day of July, 2007, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Court Room No. 3 of the Cumberland County Courthouse
on the day of 2007 at TA A m. At this hearing, the mother
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 summary
of each parties position on these issues, a list of witnesses who will be called to testify
on behalf of each party and a summary of the anticipated testimony of each witness.
This memorandum shall be filed at least five days prior to the mentioned hearing
date.
2. Pending further Order of this Court, this Court's prior Order of May 30, 2007
shall remain in place.
3. The mother may purchase the children age appropriate gifts that are consistent
with the discussion the parties had at the Custody Conciliation Conference. The
mother will not buy the children cell phones or large items such as a bike
without agreement from the paternal great grandmother.
4. In the event the mother makes arrangements to have a custody evaluation
performed, the paternal great grandmother shall cooperate with that evaluation
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and provide the children for that evaluation. Results of the evaluation shall be
shared with legal counsel for both p
BY 'SHE COURT
Cc:
Edward E. Guido, Judge
Student Attorney Warren Eth, DSLFLC
Taylor P. Andrews, Esquire t4f'"'
7,lo,b7
FAFILESU23211Mellot v Schlosser Report and Order 7.5.07.wpd
DAWN MELLOTT KELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v NO. 2006-5735 CIVIL ACTION - LAW
ELIZABETH SCHLUSSER and IN CUSTODY
JASON MELLOTT, SR.,
Defendant
Prior Judge: The Honorable Edward E. Guido
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 children who are the subject of this
litigation is as follows:
Andrew Mellott, born August 16, 2000
Jason Mellott, Jr., born May 29,1994
2. A Conciliation Conference was held on July 5, 2007 with the following individuals in
attendance:
The paternal great grandmother, Elizabeth Schlusser, with her counsel,
Taylor P. Andrews, Esquire. The Mother, Dawn Mellott Keller, who
appeared with her Student Attorney Warren Eth of the Dickinson School of
Law Family Law Clinic. The Father, Jason Mellott, Sr., did not appear and
has not been involved in any prior proceedings.
3. The parties were before the Conciliator last May at which time there was an
agreement reached for mother to have limited visitation with the minor
children which was one hour per week at Wal-Mart. Mother is desirous of
expanding that time and wants unsupervised visitation at her home. The
paternal great grandmother is unwilling to expand the visitation and asserts
that the mother is not acting appropriately with the children when she does
see them and that the children are still reluctant to be with their mother
because of a long history of problems.
4. A hearing is required in this case and the Conciliator recommends an Order
in the form as attached.
Date: 4117
Irubert X. roy, Esquire
Custody nciliator
DAWN MELLOTT IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ELIZABETH SCHLUSSER NO. 2006 - 5735 CIVIL TERM
ORDER OF COURT
AND NOW, this 18TH day of JULY, 2007, the hearing scheduled for Friday,
September 14, 2007, at 9:00 a.m. is rescheduled to FRIDAY, SEPTEMBER 7, 2007, at
1:00 p.m. in Courtroom # 3.
By t ourt,
amily Law Clinic
45 North Pitt Street
Carlisle, Pa. 17013
,;Paylor Andrews, Esquire
78 West Pomfret Street
Carlisle, Pa. 17013
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Edward E. Guido, J.
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Dawn Keller, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
IN CUSTODY
Elizabeth Schlusser and
Jason Mellott, Sr.
Defendants :NO. 06-5735 CIVIL TERM
MOTION FOR CONTINUANCE OF
CUSTODY HEARING SCHEDULED FOR SEPT. 7
Plaintiff, Mrs. Dawn Keller, through her attorneys, the Family Law Clinic, hereby
requests a continuance until November of the hearing in this matter currently scheduled
for Sept. 7, and in support thereof represents the following:
1. On May 30, 2007 this Court entered an Order in this matter that a Custody
Conciliation take place on July 5, 2007.
2. On July 5, 2007 the parties, (with the exception of Jason Mellott, Sr., the father of the
subject children) had a conciliation before Hubert X. Gilroy, Esq.
3. Due to material differences, the attending parties (mother and paternal great-
grandmother) could not come to an agreement.
4. On July 9, 2007, upon the recommendation of Conciliator Gilroy, the Court entered
an Order scheduling a hearing before Judge Guido for Sept. 14, 2007, (subsequently
changed to Sept. 7 at 1 p.m.), and continuing the Court's prior Order of May 30,
2007.
5. The July 9, 2007 Order also included a provision, that "in the event that Mother
makes arrangements to have a custody evaluation performed, the paternal great-
grandmother shall cooperate with that evaluation and provide the children for that
evaluation. Results of that evaluation shall be shared with legal counsel for both
parties".
6. Mrs. Keller, through her counsel, the Family Law Clinic, promptly made
arrangements for a custody evaluation to be performed by Dr. Kasey Shienvold.
7. Dr. Shienvold has begun the custody evaluation, meeting with Mrs. Keller on July 24,
2007 and Mrs. Schlusser on July 31, 2007. Mr. Mellott, Sr. is scheduled for a visit on
September 10, 2007.
8. Dr. Shienvold has informed the Family Law Clinic, in a fax dated August 15, 2007
(Exhibit A) that if all the parties cooperate fully with scheduling the remainder of
their appointments, a report would be completed and suitable for submission to this
Honorable Court and counsel on or about October 31, 2007.
9. A hearing with the benefit of the custody evaluation could be held at the earliest in
November of 2007.
10. Pursuant to C.C.R.P. Rule 208.2(d) the undersigned sought and obtained the
concurrence of opposing counsel, Taylor P. Andrews, Esq. counsel for defendant,
Elizabeth Schlusser, to this motion for continuance.
11. Defendant Jason Mellott Sr. is unrepresented and therefore no concurrence was
required or obtained.
12. Judge Guido has presided over this matter.
WHEREFORE, Plaintiff requests that this Honorable Court grant a continuance in this
matter and reschedule the hearing in the above docketed matter, currently scheduled for
September 7, 2007 at 1 p.m., to be held at a time at the Court's convenience in November
of 2007.
Dated: t 6 Q 7
Respectfully Submitted,
W
Certified Legal Intern
XMAS M. PLACE
OBERT E. RAINS
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
MEGAN RIESMEYER
KATE CRAMER LAWRENCE
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717)243-2968
Fax: (717) 243-3639
Aug 15 07 04:19p Riegler Shienvold & Assoc 7175401416
Riegler - Shienvold
& Associates
August 15, 2007
The Dickinson School of Law
Family Law Clinic
ATTN. Mr. Warren Eth
45 N. Pitt Street
Carlisle, PA 17013
Re: Schlusser v. Mellott v. Keller
Dear Mr. Eth
EXHIBIT
A - -
p.2
Elliot Rieder Ph.ll. (1948-1999)
Arnold T. Shienvold, Ph.D.
Melinda Eash. MS
James Eash. LSW
Bonnie Howard, Ph.D.
Amy K. Kcisling,ACSW. LOW
Tracy Richards, QCSW, LCS W
Dyanne Saga, QCSW, LCSW
Jeffrey Pincus, Ph.D.
Ann VerSales, ACSNV, LCSW
Kasey Shienvold, Psy.D,
Shancn Turk-Geller, LCSW
Haney H, Shapiro, MD
John Sivley, LCSW
As you know Dr. Kasey Shienvold is conducting a custody evaluation regarding the above-
mentioned case.
Davin Koller was initially seen on 7/24107 and Elizabeth Schlusser was seen for her initial visit
on 7131!07. Mr. Jason Mellott only recently scheduled his initial visit for 9110107.
It is anticipated that if the parties cooperate fully with scheduling the remainder of their
appointments and complete their psychological testing in a timely manner that the evaluation
could be completed by the end of September or beginning of October. Dr. Shienvold would then
be able to forward his report on or about October 31, 2007.
If you have any questions, please contact me.
Sincerely,
Susan Smith
Riegler, Shienvold &: Associates
2151 Linglestown Road, Suite 200 - Harrisburg, Pennsylvania 17110 - (717) 540-1313 - Fax: {71 ;} 540-1416
?M CO ~y
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Dawn Keller, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
Elizabeth Schlusser and
Jason Mellott, Sr.
Defendants :NO. 06-5735 CIVIL TERM
CERTIFICATE OF SERVICE
I, Warren Eth, Certified Legal Intern, Family Law Clinic, hereby certify that I served a
true and correct copy of the foregoing Motion for Continuance of Custody Hearing Scheduled
for Sept. 7, on Taylor P. Andrews Esq., counsel of record for Defendant Mrs. Elizabeth
Schlusser, at 78 West Pomfret Street, Carlisle, PA 17013, and on Mr. Jason Mellott, Sr., who is
unrepresented by counsel, residing at 100 Tiptop Circle, Carlisle, PA 17013, by depositing a
copy of the same in the United States mail, postage prepaid on August 16, 2007.
W,
Intern
I UCY JOHNSTON-WALSH
ROBERT E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
MEGAN RIESMEYER
KATE CRAMER LAWRENCE
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
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Dawn Keller,
Plaintiff
V.
Elizabeth Schlusser and
Jason Mellott, Sr.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 06-5735
CIVIL TERM
ORDER OF COURT
AND NOW, this (" day of 4x-*V? '2007, upon consideration of the
attached Motion for Continuance, the motion is GRANTED. The Hearing previously
scheduled for September 7, 2007 at I p.m. is hereby CANCELLED and is
RESCHEDULED to November I f , 2007 at f-?,7 k The custody and visitation
schedule as set forth in the Order of Court issued on July 9, 2007 shall remain in full
force and effect.
T:
541 of
Date
Judge
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DAWN KELLER,
Plaintiff
vs.
ELIZABETH SCHLUSSER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL 06-5735
CIVIL ACTION - LAW
: IN CUSTODY
MOTION FOR CONTINUANCE OF CUSTODY HEARING SCHEDULED FOR
NOVEMBER 15, 2007
Defendant, ELIZABETH SCHLUSSER, by her counsel, Taylor P. Andrews, Esq., of
Andrews & Johnson, requests a continuance of the hearing in this matter currently scheduled for
November 15, 2007, and in support thereof represents as follows:
1. Pursuant to an Order entered after the most recent custody conciliation a custody
evaluation is being conducted by Dr. Kasey Shienvold.
2. As of this time the evaluation of Dr. Kasey Shienvold has not been completed,
through a report is expected by the parties within the next five days.
3. The parties desire time to react to the custody evaluation report before having to
prepare for a formal hearing to litigate the issues.
4. The parties believe that there may be a good opportunity to resolve this case by an
Agreement once all parties are in possession of a report from the custody evaluator, Dr. Kasey
Shienvold.
5. The parties are already working with the conciliator, Hubert X. Gilroy, Esq., to
schedule a conciliation conference as soon as possible after the receipt of the custody evaluation.
6. The parties agree that this matter should be continued generally until further request
of either party with the matter to be scheduled for a Custody Conciliation as promptly as possible
after the evaluator's report is received.
6. The Plaintiff has expressed concurrence with this Petition through the Plaintiffs
certified legal intern, Warren Eth and Robert E. Rains, Esquire of the Family Law Clinic.
WHEREFORE, Defendant requests your Honorable Court to continue the custody hearing in
the above captioned case currently scheduled for November 15, 2007 generally and to be scheduled
upon the request of either party.
Respectfully submitted,
O
T P. Andrews, Esquire
7 est Pomfret Street
Carlisle, PA 17013
Pa. Supreme CtA 15641
(717) 243-0123
Attorney for Defendant
DAWN KELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL 06-5735
CIVIL ACTION - LAW
ELIZABETH SCHLUSSER,
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that on this date, ( 2007, I mailed a copy of Motion for
Continuance to the following person at the following address by U.S. Mail, first class, postage
prepaid, to:
Warren Eth, Certified Legal Intern
Robert E. Rains, Esquire
Counsel for Plaintiff
45 North Pitt Street
Carlisle, PA 17013
I verify that the statements made in the foregoing Certificate of Service 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.
ANDREWS & JOHNSON
By:
or P. Andrews, Esquire
78 W. Pomfret Street
Carlisle, PA 17013
(717) 243-0123
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DAWN KELLER,
Plaintiff
vs.
ELIZABETH SCHLUSSER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL 06-5735
CIVIL ACTION - LAW
: IN CUSTODY
ORDER
AND NOW, this day of November 2007, upon consideration of the attached Motion for
Continuance and the concurrence of the Plaintiff, the hearing previously scheduled in the above
captioned matter for November 15, 2007 is hereby continued generally to be relisted at the request of
either party.
BY THE CO RT
r
Edward E. Guido, J.
cc: Taylor P. Andrews, Esq., 78 West Pomfret Street, Carlisle, PA 17013
Warren Eth, 45 North Pitt Street, Carlisle, PA 17013
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DEC 2 2007
DAWN MELLOTT
Plaintiff
v
ELIZABETH SCHLUSSER and
JASON MELLOTT, SR.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2006-5735
IN CUSTODY
Al_?_ URT ORDER
AND NOW, this day of December, 2007, upon consideration of the attached
Custody Conciliation Report, this Court's prior Order of May 30, 2007, shall remain in place with
respect to custody in the above case, subject to the following modifications and additions:
a. The parties will cooperate and follow-up on the counseling/therapeutic sessions as
recommended in the Custody Evaluation performed by Riegler-Shienvold. Mother will
make arrangements for the scheduling of these sessions and both parties will cooperate to
ensure that the minor children are in attendance and any other interested persons as
suggested the counselor.
b. In addition to the McDonald's at Wal-Mart, Mother's periods of Sunday visitation with the
children may be expanded to include Applebee's, The Sports Emporium, a movie as
appropriate, a bowling facility in Carlisle, along with any other venues agreed to by
Elizabeth Schlusser. With the expansion of these venues, it contemplates that Mother's
rimes on Sunday may, where appropriate, be extended beyond one hour especially in
circumstances where the parties agree that Mother is taking the children to a movie.
C. In lieu of Elizabeth Schlusser providing supervision for the minor children during the time
Mother has custody, the following individuals may additionally be used by Mother to
provide supervision: Catherine Savage, Pam Cope, Linda Savage, and Ronald Keller.
However, the boyfriend of Catherine Savage shall not be allowed to have any contact with
the minor children. Additionally, the supervision on the Sunday afternoon visitation shall be
limited to only one of those supervisors listed to ensure that the Mother has an opportunity
to experience as much contact with the children as possible in that limited time.
d. For the Christmas Holiday of 2007, Mother shall have custody of the minor children from
2:00 p.m. until 6:00 p.m. on Christmas Eve where she may take them to the home of
husband's parents. At that location, it is anticipated that there will be typical family
members present. However, again, the boyfriend of Catherine Savage will not be present.
7
e. Mother shall handle transportation for exchange of custody and shall pick the children up
and deliver the children back to Elizabeth Schlusser in accordance with the schedule
outlined above.
f. Mother's periods of time on Sunday afternoon shall be expanded to two and one-half (2 %Z)
hours, which shall include travel time.
g. Legal counsel for the parties may contact the Custody Conciliator directly via letter to
request another Conciliation Conference as needed. Additionally, in the event there are any
emergency situations that may arise, legal counsel for the parties may contact the Custody
Conciliator and the Custody Conciliator shall have the authority to recommend a new
interim order to the Court to address those emergency matters.
cc: Taylor P. Andrews, Esquire
Warren Eth, Student Attorney
Jason Mellott, Sr.
BY
Edward E. Guido, Judge
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DAWN MELLOTT
Plaintiff
v
ELIZABETH SCHLUSSER and
JASON MELLOTT, SR.,
Defendants
Prior Judge: Edward E. Guido
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2006-5735
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 children who are the subject of this litigation
is as follows:
Andrew Mellott, born August 16, 2000
Jason Mellott, Jr, born May 29, 1994
2. A Conciliation Conference was held on December 14, 2007, with the following
individuals in attendance:
The paternal great-grandmother, Elizabeth Schlusser, with her counsel, Taylor P.
Andrews, Esquire. Additionally, the mother, Dawn Mellott Keller, with in attendance
with Student Attorney, Warren Eth, of the Dickinson School of Law Family Law Clinic.
The father, Jason Mellott, Sr., also attended without counsel.
3. Based upon the strong recommendation of the Custody Conciliator, the parties agree to the
Court entering an Order in the form as attached.
Date: 1,2D U(&-7 a 9
H ert X. Gilroy squire
Custody Conciliator
Dawn Keller
Plaintiff
V.
Elizabeth Schlusser,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
No. 06-5735
PRAECIPE TO WITHDRAW
Please withdraw the appearance of the Family Law Clinic on behalf of Dawn Keller,
Plaintiff in the above captioned matter, pursuant to the attached Discharge signed by Plaintiff on
December 15, 2008.
2008
` r
iNicoie tserman
Certified Legal Intern
?e -
Anne -Fox,
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
Dawn Keller, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 06-5735 CIVIL TERM
Elizabeth Schlusser,
Defendant IN CUSTODY
DISCHARGE
I, Dawn Keller, discharge the Family Law Clinic from representing me as my attorney in
this case.
Date:
Dawn Keller
'
C:l
Y
'
DAWN KELLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V NO. 2006 - 5735 CIVIL -ACTION LAW
ELIZABETH SCHLUSSER AND IN CUSTODY
JASON MELLOTT SR.
MOTION TO MODIFY EXSISTING COURT ORDER
1) Dawn has completed all court recommendations.
A) Dawn is involved in individual counseling, family counseling, and seeing a
psychologist, all at Helen Stevens Center in Carlisle, Pennsylvania.
2) Jason Mellott Jr. minor child no longer resides with paternal great - grandmother at 187
Whiskey Run Rd. Newville, Pennsylvania. He is a resident at Hoffman Homes in
Littlestown, Pennsylvania.
A) Dawn was denied visits at Summit Quest while Jason was there from November
2008 to being moved to Hoffman Homes in February 2009. In accordance to current
court order Dawn is to enjoy visits on Sundays for two and one half hours. Also over
the 2008 Christmas holiday Dawn was denied visitation. This also being a violation
of the current court order. In a recent letter dated March 18th Mr. Taylor Andrews
stated that he believes his client maintains the position she has always maintained
she follows the guidance of the experts with regard to what is best for Jason.
3) Numerous times has Andrew Mellott minor child came to family counseling with marks
around his neck area. After Dawn, Ronald Keller Jr. and counselor Karissa at Stevens
Center questioned Andrew about the marks, he stated that his daddy Jason Mellott Sr.
lives with them. And he grabs Andrew inappropriately for correction. Also Andrew has
stated several times in counseling that he is afraid of his daddy Jason Mellott Sr. and his
great -Grandmother Elizabeth Schlusser.
A) Also Andrew has stated that his daddy drinks beer and something from a Pepsi can
that stinks and doesn't smell like soda continually around Andrew. Also Andrew has
stated that his daddy smokes " funny smelling cigarettes". To my knowledge
Elizabeth knows about this type of behavior and par taking in these activities, being
in the same household. Also recently myself and Dawn have learned that Jason Sr.
has no vehicle insurance on his vehicle at this time. This was a huge concern for
Dawn taking the children in her vehicle without providing proof of insurance. Also
to our knowledge Andrew has no medical insurance coverage provided to him. And
also Elizabeth and Jason are allowing both children to be supervised by Anna Sankey
(Jason's Sr. current girl friend) who has had her own children taken by CYS. We want
to ensure the safety and security of both minor children at all times while in care of
father and great- grandmother with being supervised with a positive members of
our society. Elizabeth has stated in prior conciliations that Dawn is to be aware of
who is allowed around the children well we believe the same would pertain to
Elizabeth and Jason Sr. These are the sets of double standards Elizabeth has one set
for Dawn and one set for her and Jason allowing them to do whatever they would
like to, and shunning Dawn out of her children's' life.
4) Jason Mellott Jr. is going to be 15 years old on May 29th and Andrew is going to be 9
years old on August 16th. So we are asking the court for both minor children's' voice to
be heard with regard to the current court order and what all has been going on. Also the
current court order has been in effect for over one year and would like the court to
proceed with further steps at reunification.
ANY QUESTIONS FEEL FREE TO CONTACT:
RONALD L. KELLER 1R. Ql- CC
34 EAST MAIN ST.
NEWVILLE, PA 17241
(717) 776-5546
CC: ELIZABETH SCHLUSSER
TAYLOR ANDREWS
5 - ,T-°q
JASON MELLOTT SR.
To Whom This May Concern:
I Dawn R. Keller am herby appointing Ronald L. Keller Jr. as my acting attorney.
understand that Ronald L. Keller Jr. is not an attorney but would like him to
represent myself in the Mellott children case.
Thank You,
Dawn R. Keller
Ronald L. Keller Jr.
?''t Date , 5"ate
nLED-C)FFIUE
OF SHE, M y
2009 f."lAY 18 PM 2: 14
Lfl 1 1-j i...;- KTY
-70- P
, _,.
DAWN KELLER
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ELIZABETH SCHLUSSER AND JASON
MELLOTT SR.
ORDER OF COURT
AND NOW,
it is hereby directed
at 4th Floor, 0
for a Pre-Hearing C
if this cannot be acc
order. Failure to ap
The court h
Special Relief ord?
IN THE COURT OF COMMON PLEAS OF
2006-5735 CIVIL ACTION LAW
IN CUSTODY
21, 2009
upon consideration of the attached Complaint,
parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
gland County Courthouse, Carlisle on Friday, June 26, 2009 at 10:30 AM
ly Conference. At such conference, an effort will be made to resolve the issues in dispute; or
lished, to define and narrow the issues to be heard by the court, and to enter into a temporary
at the conference may provide grounds for entry of a temporary or permanent order.
by directs the parties to furnish any and all existing Protection from Abuse orders,
and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Esq. ?.?
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilit s Act of 1990. For information about accessible facilities and reasonable accommodations
available to d-sabled 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.
Y U SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE ANA TORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BEL W TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
2009 MAY 2 2 itt"s 11. 5,
cull
r 1
2009
DAWN KELLER IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
ELIZABETH SCHLUSSER and NO. 2006-5735
JASON MELLOTT, SR.,
Defendants IN CUSTODY
Prior Judge: Edward E. Guido
COURT ORDER
AND NOW, this a'v( day of '2009, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. A hearing is sscl?heduled in Court Room No. 3 of the Cumberland County Courthouse
on the `Z day of 2009 at VW .m. At this hearing, the mother
shall be the moving party and shall proceed initially with testimony. Counsel for the
parties, or the parties themselves if they do not have legal counsel, shall file with the
Court and opposing counsel or party a memorandum setting forth the history of
custody in this case, the issues currently before the Court, a summary of each parties
position on these issues, a list of witnesses who will be called to testify on behalf of
each party and a summary of the anticipated testimony of each witness. This
memorandum shall be filed at least five days prior to the mentioned hearing date.
2. Pending further Order of this Court, this court's prior Order of December 31, 2007,
which incorporated the order of May 30, 2007, shall remain in place.
3. In the event mother retains legal counsel for the hearing as set forth above and mother's
counsel believes another Custody Conciliation Conference may aid in resolving the
case, mother's counsel may contact the Conciliator directly via letter requesting a
conference and the Conciliator is directed to schedule a conference with the parties and
their attorneys.
BY THE COURT,
Judge Edward E. Guido
cc: Z", or P. Andres, Esquire
Jason Mellott, Sr.
-GMs. Dawn Keller
7/z??
DAWN KELLER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
ELIZABETH SCHLUSSER and
JASON MELLOTT, SR.,
Defendants
Prior Judge: Edward E. Guido
: CIVIL ACTION - LAW
NO. 2006-5735
: IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Andrew Mellott, born August 16, 2000, and Jason Mellott, Jr, born May 29, 1994
2. A Conciliation Conference was held on June 26, 2009, with the following individuals
in attendance:
The paternal great grandmother, Elizabeth Schlusser, with her counsel, Taylor P.
Andrews, the mother, Dawn Keller, who was unrepresented, and the father, Jason
Mellott, Sr., who also appeared without counsel.
3. This case has been before the Custody Conciliator a number of times. The mother
has limited visitation pursuant to prior orders. Mother is seeking additional periods
of visitation including overnights on weekends. The paternal great grandmother has
had custody for a number of years, and there is a history on this case where various
counselors have been involved. The great grandmother is unwilling to agree to
expand the mother's visitation at this particular time.
4. A hearing is required in this case and the Conciliator recommends an Order in the
form as attached.
Date: l/`- 3 , 2009
aEwl
Hubert X. Gilroy Esquire
Custody Conci ator
RLED-OW CE
OF THE F ,-gib ON 1ARY
2009 JUL -2 Pl9 2: 14
I ! ITV N
DAWN KELLER,
vii.
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: 2006 - 5735 CIVIL TERM
: CIVIL ACTION -LAW
ELIZABETH SCHLUSSER and
JASON MELLOTT, SR.,
Defendants
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes the Petitioner, Jason Mellott, Sr., by and through his attorneys, Irwin
& McKnight, P.C., and files this Petition for Modification of Custody, making the following
statements:
1. Petitioner is Jason Mellott, Sr., an adult individual residing at 3284 Spring Road,
Carlisle, Cumberland County, Pennsylvania 17013.
2. Plaintiff/Respondent is Dawn R. Keller, an adult individual residing on 34 East
Main Street, Newville, Cumberland County, Pennsylvania 17241.
3. Elizabeth Schlusser is also a Respondent in this matter, as the primary custodian
and paternal great-grandmother of the subject minor children, and an adult individual residing at
187 Whiskey Run Road, Newville, Cumberland County, Pennsylvania 17241.
4. Petitioner and Plaintiff are the natural parents of two (2) minor children, namely,
Jason M. Mellott, Jr., born May 29, 1994 (currently 15 years of age), and Andrew D. Mellott,
born August 16, 2000 (soon to be 9 years of age).
5. There have been multiple Custody Orders issued in this matter, with the most
recent Order being dated December 31, 2007, and signed by Judge Edward E. Guido, pursuant to
the Custody Conciliation Summary Report. A true and correct copy of the Order of Court dated
December 31, 2007 is attached hereto as Exhibit "A."
6. As part of the various proceedings and Orders of Court, the parties agreed to
cooperate in having a Custody Evaluation performed by Riegler-Shienvold.
7. Among other recommendations, the custody evaluation included the
recommendation that the children's great-grandmother continue to have primary physical
custody of the children.
8. Since the evaluation was performed, Jason M. Mellot, Jr. has been admitted to
Pinnacle Health, Summit Quest Academy, and Hoffrnan Homes for Youth during most of 2008
and 2009 as a result of significant behavioral problems.
9. Jason, Jr., was released from Hoffinan Homes on or about August 8, 2009, but
continues to see a psychiatrist and case manager, and is being required to start school at River
Rock Academy.
10. In response to a "Motion to Modify Existing Court Order" filed by the Plaintiff,
pro se, a Custody Conciliation was held on June 26, 2009, and a hearing is currently scheduled
before the Honorable Edward E. Guido on August 19, 2009.
11. As a result of the significant behavioral issues and relative ages of the parties,
Petitioner is desirous of obtaining primary custody of the parties' oldest child, Jason M. Mellott,
Jr.
12. Upon information and belief, both Jason M. Mellott, Jr. and Elizabeth Schlusser,
his primary custodian, are in agreement for Petitioner to assume primary physical custody of the
parties' oldest child.
2
13. Petitioner lives closer in proximity to both the River Rock Academy and the
office of his son's psychiatrist and case manager.
14. Petitioner agrees to continue to be responsible to ensure that Jason, Jr., continues
to attend his counseling sessions and the visitations with Plaintiff.
15. In addition, if Jason M. Mellott, Jr. is permitted to return to the public school
system, Petitioner now lives in a different school district which would allow his son to have the
chance a fresh start in a new school.
16. Petitioner therefore desires primary physical custody of his oldest son, Jason M.
Mellott, Jr., with such periods of partial custody with Mrs. Schlusser and such continued periods
of visitation with Plaintiff as this Court deems necessary and appropriate.
17. Petitioner further requests that the instant Petition not be scheduled for an
additional Conciliation Conference, but that it be heard at the upcoming scheduled hearing on
August 19, 2009.
18. Because of the nature of the request and the upcoming hearing, it is not believed
to be necessary to obtain the concurrence of the other parties in this matter; however, Attorney
Andrews does consent to the inclusion of this matter at upcoming hearing on August 19, 2009,
rather than at another Conciliation Conference.
19. The best interests and permanent welfare of the child requires that the Court grant
the Petitioner's request as set forth above.
3
20. Petitioner does not know of a person not a party to the proceedings who currently
has physical custody of the child and claims to have custody or visitation rights with respect to
the child.
21. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court modifying
the existing Custody Order to provide Petitioner primary physical custody of the child and joint
legal custody with periods of visitation to Respondent as can be mutually arranged between the
parties.
Respectfully submitted,
IRWIN & McKNIGHT, P.C.
By: _ -A '
Dou as G. iller, Esquire
Supreme Court I. D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Petitioner/Defendant
Jason Mellott, Sr.
Date: August 14, 2009
4
EXHIBIT "A"
DEC la2DD7 r'
DAWN MELLOTT
Plaintiff
v
ELIZABETH SCHLUSSER and
JASON MELLOTT, SR,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2006-5735
: IN CUSTODY
ORDER
/ ?day 7ru.
AND NOW, this 2007, upon consideration of the attached
custody Conciliation Report, this Court's prior Order of May 30, 2007, shall regain in place with
respect to custody in the above case, subject to the following modifications and additions:
a. The parties will cooperate and follow-up on the counseling/therpeutic sessions as
recommended in the Custody Evaluation performed by Riegler-Shienvold. Mother will
make arrangements for the scheduling of these sessions and both parties will cooperate to
ensure that the minor children are in attendance and any other interested persons as
suggested the counselor.
b. In addition to the McDonald's at Wal-Mart, Mother's periods of Sunday visitation with the
children may be expanded to include Applebee's, The Sports Emporium, a movie as
appropriate, a bowling facility in Carlisle, along with any other venues agreed to by
Elizabeth Schlusser. With the expansion of these venues, it contemplates that Mother's
times on Sunday may, where appropriate, be extended beyond one hour especially in
circumstances where the parties agree that Mother is taking the children to a movie.
C. In lieu of Elizabeth Schlusser providing supervision for the minor children during the time
Mother has custody, the following individuals may additionally be used by Mother to
provide supervision: Catherine Savage, Pam Cope, Linda Savage, and Ronald Keller.
However, the boyfriend of Catherine Savage shall not be allowed to have any contact with
the minor children. Additionally, the supervision on the Sunday afternoon visitation shall be
limited to only one of those supervisors listed to ensure that the Mother has an opportunity
to experience as much contact with the children as possible in that limited time.
d. For the Christmas Holiday of 2007, Mother shall have custody of the minor children from
2:00 p.m. until 6:00 p.m. on Christmas Eve where she may take them to the home of
husband's parents. At that location, it is anticipated that there will be typical family
members present. However, again, the boyfriend of Catherine Sdwage will not be present.
e. Mother shall handle transportation for exchange of custody and shall pick the children up
and deliver the children back to Elizabeth Schlusser in accordance with the schedule
outlined above.
f. Mother's periods of time on Sunday afternoon shall be expanded to two and one-half (2 '/z)
hours, which shall include travel time.
g. Legal counsel for the parties may contact the Custody Conciliator directly via letter to
request another Conciliation Confcrence as needed. Additionally, in the event there are any
emergency situations that may arise, legal counsel for the parties may contact the Custody
Conciliator and the Custody Conciliator shall have the authority to recommend a new
interim order to the Court to address those emergency matters.
cc: Taylor P. Andrews, Esquire
Warren Eth, Student Attorney
Jason Mellott, Sr.
lip IOC3 Ot 1. t uC-CL
I/-Q/*
11= !
Edward E. Guido, Judge
VNV A-I&SNIN13d
liiNrlcn 1,- ;-.-gfflo
Z ! :8 WV Z- NVf BOOZ
mrr Hiow, :Hl -40
B?JZ-W6
DAWN MELLOTT
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V
ELIZABETH SCHLUSSER and
JASON MELLOTT, SR.,
Defendants
Prior Judge: Edward E. Guido
: CIVIL ACTION - LAW
NO. 2006-5735
IN CUSTODY
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.348(6), the undersigned Custody Conciliator submito the following
report:
1. The pertinent information pertaining to the children who are the subject of this litigation
is as follows:
Andrew Mellott, bom August 16, 2000
Jason Mellott, Jr, bom May 29,1994
2. A Conciliation Conference was held on December 14, 2007, with the following
individuals in attendance:
The paternal great-grandmother, Elizabeth Schlusser, with her counsel, Taylor P.
Andrews, Esquire. Additionally, the mother, Dawn Mellott Keller, with in attendance
with Student Attorney, Warren Eth, of the Dickinson School of Law Family Law Clinic.
The father, Jason Mellott, Sr., also attended without counsel.
3. Based upon the strong recommendation of the Custody Conciliator, the parties agree to the
Court entering an Order in the form as attached.
Date: 7 t y( "1 a
H X. Gilroy wire
Custody Conciliator
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document 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 unworn falsification to authorities.
ASON MELLOTT, SR.
Date:
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Dawn R. Keller
34 East Main Street
Newville, PA 17241
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
Carlisle, PA 17013
Date: August 14, 2009 IRWIN & McKNIGHT, P.C.
D6?- A??-
Douglas . Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
2889"
DAWN KELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN CUSTODY
ELIZABETH SCHLUSSER &
JASON MELLOT, SR.
Defendants NO. 06-5735 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of August, 2009, after
hearing, all prior Orders are vacated and replaced with the
following:
1. The Paternal Great Grandmother, Elizabeth
Schlusser, shall have sole legal and primary physical custody of
the children, Andrew Mellott, born August 6, 2000, and Jason
Mellott, Jr., born May 29, 1994. Provided, however, that the
natural parents of the children, Dawn Keller and Jason Mellott,
Sr., shall be entitled to all records and information pertaining
to the children pursuant to 23 Pa. C.S.A. Section 5309, to
include, but to not be limited to, medical, dental, religious,
and school records. Provided, further, that each parent shall
be entitled to attend, observe and offer input in all school
meetings, parent-teacher conferences, IEP meetings, planning
sessions, et cetera.
2. Father may visit with the children at such times
as agreed upon with Elizabeth Schlusser.
3. Mother shall be entitled to the following periods
of visitation:
A. With Andrew:
(i) From 9:00 a.m. on the first Saturday of
each month until 5:00 p.m. on Sunday.
(ii) From 9:00 a.m. until 5:00 p.m. on the
third Saturday of each month.
Page 2 - August 19, 2009
No. 06-5735 Civil Term
B. With Jason, Jr.:
(i) From 9:00 a.m. on the third Saturday of
each month until 5:00 p.m. on Sunday.
(ii) From 9:00 a.m. until 5:00 p.m. on the
first Saturday of each month.
C. Holidays as agreed upon between the parties.
If the parties are unable to agree, we will set a holiday
schedule at a future time.
D. Such other times as the parties agree.
4. Both parents shall be entitled to reasonable
telephone contact with the children at times agreed upon. If
Mother and Grandmother cannot agree, the children shall be made
available to receive Mother's calls each Wednesday from 8:00
p.m. until 8:15 p.m. Likewise, Grandmother shall be entitled to
reasonable telephone contact with the children during Mother's
periods of visitation.
5. Nobody shall allow smoking to occur in their_
homes at the time the children are in their custody.
6. Mother is to continue her individual and family
counseling with Helen Stevens until she is successfully
discharged. Father and Mrs. Schlusser are directed to
participate in the family counseling as requested by the
therapist.
7. Albert Masland, Esquire, is appointed to be the
guardian ad litem for the children. His fees shall be paid by
the Court Administrator.
8. Elizabeth Schlusser and the G.A.L. shall be
Page 3 - August 19, 2009
No. 06-5735 Civil Term
entitled to receive reports and records from the family
therapist.
Dawn Keller
34 East Main Street
Newville, PA 17241
Plaintiff, Pro se
he Court
(00,
Edward E. Guido, J.
?aylor P. Andrews, Esquire
Attorney for Defendant Schlusser
./ U/Ouglas G. Miller, Esquire
Attorney for Defendant Mellott
Albert Masland, Esquire
Court-appointed G.A.L. for the Children
Sheriff
Court Administrator
srs
Cap i f S ryvat LL
OTARY
F
F TH P! i
2069 AUG 24 AM 9: 15
DAWN KELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN CUSTODY
ELIZABETH SCHLUSSER &
JASON MELLOT, SR.
Defendants NO. 06-5735 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of August, 2009, with
regard to Father's petition for primary physical custody of the
children, it is referred to conciliation.
By the,,26urt,
Edward E. Guido, J.
Dawn Keller
34 East Main Street
Newville, PA 17241
Plaintiff, Pro se
ZTTaylor P. Andrews, Esquire
Attorney for Defendant Schlusser
Z//Douglas G. Miller, Esquire
Attorney for Defendant Mellott
? Albert Masland, Esquire
Court-appointed G.A.L. for the Children
srs
S?a??o 9
O 1KE P i ,1?^k.NARY
2009 AUG 24 AM 9: 15
DAWN KELLER,
Plaintiff
V.
ELIZABETH SCHLUSSER
and JASON MELLOTT, SR.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-5735 CIVIL TERM
IN CUSTODY
PETITION FOR THE REPLACMENT OF
GUARDIAN AD LITEM
AND NOW, comes Albert H. Masland, Guardian Ad Litem (GAL), and petitions this
Honorable Court as follows:
1. On August 19, 2009, Petitioner was appointed as GAL for Jason Mellott, Jr.,
bom May 29, 1994, and Andrew Mellott, bom August 6, 2000.
2. Following said appointment, Petitioner contacted Taylor P. Andrews, Esquire,
attorney for Mrs. Elizabeth Schlusser, the legal and physical custodian of the children, to
arrange for a meeting with the two boys.
3. Petitioner met with the boys on September 17, 2009 at the residence of
Elizabeth Schlusser and engaged in lengthy conversations both in Mrs. Schlusser's presence
and in her absence.
4. Subsequent to that meeting, Petitioner has had several telephonic discussions
SAIDIS,
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
with the two boys, as well as with Mrs. Schlusser and Mrs. Dawn Keller, the boys' mother.
Some of these discussions were occasioned by concerns raised by the boys and some by the
concerns of the parties.
5. Petitioner believes and therefore avers that the presence of the GAL in this
matter has been beneficial to the boys and the parties.
6. Petitioner further avers that the involvements of the GAL in this matter is still
necessary and is in the interest of the boys, the parties and this Honorable Court.
7. Because Petitioner will be leaving private practice at the end of 2009, it will be
necessary to appoint a replacement GAL.
8. Petitioner has discussed the need for a replacement GAL with the boys, with
Mrs. Keller, who is pro se, and with Taylor Andrews, Esquire and his client, Mrs. Schlusser.
Everyone agrees that a replacement GAL would be beneficial.
9. Petitioner has had no direct contact with Jason Mellott, Sr., the boys' father, but
based on discussions with Mr. Schlusser, has no reason to believe he would object to the
appointment of a replacement GAL.
10. Petitioner has contacted Melissa P. Tanguay, Esquire to confirm her interest in,
availability for and the absence of any conflicts regarding her potential appointment as GAL in
this matter.
WHEREFORE, Petitioner respectfully requests this Honorable Court to appointment a
replacement GAL.
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
?
FLOWER
LIlVDSAY
26 West High Street
Carlisle, PA
Albert H. AMasland, Esquire
Attorney Id. 36511
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Dated: %?/??1v9 Guardian ad Litem
VERIFICATION
1 verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsifications to authorities.
Albert H. Masi-and, Esquire
SAMIS,
FLOWER &L
LINDSAY
26 West High Street
Carlisle, PA
CERTIFICATE OF SERVICE
I hereby certify that on this -23 r,o/day of December, 2009, a true and correct copy of
the foregoing document was served upon the party listed below, via First Class Mail, postage
prepaid, addressed as follows:
Taylor P. Andrews, Esquire
78 West Pomfret Street
Carlisle, PA 17013
Dawn Keller
34 East Main Street
Newville, PA 17241
Jason Mellott, Sr.
3284 Spring Road
Carlisle, PA 17013
SAIDIS, FLOWER & LINDSAY
Albert H. Maslan , Esquire
Attorney Id. 36511
26 West High Street
Carlisle, PA 17013
717-243-6222
SAIDIS,
RAWER &
LINDSAY
26 West High Street
Carlisle, PA
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DAWN KELLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 06-5735 CIVIL TERM
ELIZABETH SCHLUSSER :
and JASON MELLOTT, SR.,
Defendants IN CUSTODY
ORDER OF COURT
SAMIS
FLOWER &
I INDS"
26 West High Street
Carlisle, PA
AND NOW, this A ` day of December, 2009, pursuant to the Petition
of Albert H.
Masland, Guardian Ad Litem for Jason Mellott, Jr. and Andrew Mellott, Melissa P. Tanguay,
Esquire shall henceforth serve as GAL for the children.
cawara t. uuao, J.
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2009 DEC 30 Aid 10' 5 4
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AUTHORITY TO PAY COURT APPOINTED COUNSEL JAN 2 0'2010
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9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. CIVIL DOCKET NO.
1 ? Defendant - Adult
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2 ? Defendant-Juvenile ?
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3 ? Appellant 13. CRIMINAL DOCKET NO.
4 ? Appellee
5 ? Habeas Petitioner
6 ? Material Witness
10. PERSON REPRESENT D (Full Name) 7 O Parolee Charged With Violation
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14. APPEALS DOCKET NO.
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17. TELEPHONE No. 18. SOCIAL SECURITY NO ORE NNO
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CLAIM FOR SERVICES OR EXPENSES
19. SERVICE HOURS DATES AMOUNTS CLAIMED
a. Arraignment and/or Plea Multi rateq' W- hour times total
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g. Revocation Hearings
h. Juvenile Hearings
i. Appeals Court 19A. jbTAL4N COVJJT COMP.
j. Other (Specify on additional sheets) ~
TOTAL HOURS X $55 PER HOUR - $
20. a. Interviews and conferences Multiply rate per hour times total
"
"
b. Obtaining and reviewing records hours. Enter total
Out of Court
compensation below.
O ¢
? c. Legal research and brief writing
t-
00 d. Investigative and other work (Specify on additional sheets) 20A. TOTAL OUT OF COURT
COMP.
TOTAL HOURS = X $45 PER HOUR $
21. ITEMIZATION OF REIMBURSABLE EX PENSES AMT. PER ITEM
Milage $.48 per mile x
W
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21 A. TOTAL ITEMIZED EXP.
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22. CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND TOTAL CLAIMED
Has compensation and/or reimbursement for work in this case previou* been applied for? ? YES f2r NO s $ z 49
If yes, were you paid? ? YES ? NO Ifyes, by whom were you paid? How much? 24. DEDUCT. PRIOR PYMTS.
Has the person represented paid any montily to you, or to your knowledge anyone else, In connection with the matter for
$
a v
If yes, give details on additional s sets
which you were appointed to provide rep ntation? ? E NO
I swear or affirm the truth or correctne_ 25: NET AMOUNT CLAIMED
of the above statements Date m $ 1343 17
/
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F0 Signature of
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? 27. AMT. APPROVED
= $
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PAYMENT Judge , (? Date:
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Copy 1 - Mail to Court Administrator at compOetion of service
DEC Z. 9 2009
SAIDIS, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 • FACSIMILE: (717) 243-6486
CAMP HILL OFFICE: EMAIL: attorney@sfl-law.Com
2109 MARKET STREET www.sfl-law.com
CAMP HULL, PA 17011
TELEPHONE: (717) 737-3405
FACSIMILE: (717) 737-3407
REPLY TO CARLISLE
December 28, 2009
Cumberland County Court Adminsitrator
One Courthouse Square
Carlisle, PA 17013
Our file:4 9654
Invoice# 49504
EIN: 25-1694606
091434
RE: Andrew Mellott& Jason Mellott, Jr. Docket No: 06-5735
Payments received since last invoice
Accounts receivable balance carried forward
$0.00
$0.00
PROFESSIONAL SERVICES
08/24/2009 Review Order.
08/25/2009 Telephone conference with TPA.
08/31/2009 Conference with TPA.
09/15/2009 Telephone conference with Elizabeth Schlusser.
09/16/2009 Telephone conference with Elizabeth Schlusser.
09/17/2009 Telephone conference with Dawn Keller.
09/17/2009 Meeting with Andrew and Jason at Mrs. Schlusser's home.
09/23/2009 Conference with Officer Troy Wiser.
10/09/2009 Telephone conference with Elizabeth Schlusser
10/27/2009 Telephone conference with Jason
10/28/2009 Telephone conference with Dawn Keller
11/25/2009 Telephone conference with Andrew M.
12/16/2009 Telephone conference with Taylor P Andrews and Judge Guido
12/16/2009 Telephone conference with Dawn Keller
12/22/2009 Telephone conference with Lucy Johnston Walsh
12/22/2009 Telephone conference with Melissa Tanguay
12/22/2009 Telephone conferences with Jason and Andrew, and with Elizabeth Schlusser
TOTAL FEES $343.75
091434 , Schlusser,Elizabeth&Keller,Daw Invoice# 49504 Page 2
TIMEKEEPER FEE RECAP
Lawyer
Masland, Albert H
Billing Summary
Total professional services
Total of new charges for this invoice
Total balance now due
* * Trust account remaining balance is
$0.00
Hours Amount
6.25 $343.75
$343.75
$343.75
$343.75
PRIVACY POLICY: During this firms representation of you, we may receive nonpublic, personal information from you or
from sources about you. It is our policy and practice that our attorneys and staff do not at any time reveal information relating
to our representation of you unless you consent after consultation, except for disclosures that are impliedly authorized to carry
out the representation, and except for disclosures required or authorized by the Pennsylvania Rules of Professional Conduct.
Interest at 1 1/2% per month on unpaid balance after 30 days.
AUTHORITY TO PAY COURT APPOINTED COUNSEL / V FEB 2 4.2010
1. COURT 2. VOUCHER
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13. CRIMINAL DOCKET NO.
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5 ? Appellee
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6 ? Material Witness
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14. APPEALS DOCKET NO.
a4 { raw c, 9 Or Other.
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Appt Do of CJ ? 16. NAME OF ATTORNEY/PAYEE AND
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17. TELEPHONE No.
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CLAIM FOR SERVICES OR EXPENSES
19. SERVICE HOURS DATES AMOUNTS CLAIMED
a. Arraignment and/or Plea Multiply rate per hour times total
"
"
b. Preliminary Hearing hours to obtain
In Court
com-
pensation. Enter total below.
c. Motions and Requests
d. Bail Hearings
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e. Sentence Hearings
tJ
Z L Trial
g. Revocation Hearings /
h. Juvenile Hearings
I. Appeals Court 19A TOTAL IN COURT COMP.
4 Other (Specify on additional sheets)
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TOTAL HOURS = X $55 PER HOUR
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b. Obtaining and reviewing records hours. Enter total "Out of Court"
compensation below.
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t- a Legal research and brief writing
Q 0 d. Investigative and other work (Specify on additional sheets) 20A. TOTAL OUT OF COURT
COMP.
TOTAL HOURS = Cx45 PER HOUR $
21. ITEMIZATION OF REIMBURSABLE EX PENSES AMT. PER ITEM
Mils per mile x
M
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•
21A TOTAL ITEMIZED EXP.
= s
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22. CERTIFICATION OF ATTORNEY/PAYEE
1 23. GRAND TOTAL CLAIMED
Has compensation and/or reimbursement for work In this case previously been applied for? ? YES 6
NO = j 316
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id? ? YES O NO If
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which you were appointed to provide re rese tatio ? YES O e de it on ad ' Tonal sheets a =
1 swear or affirm the truth or correctness - 25: NET AMOUNT CCLAIMED
of the above statements Signature of Attomey/Payee Date = $ 1314. O1)
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LILAKIS
Melissa P. Tanguay, Esquire
Attorney LD. # 307155
2 West High Street
Cazlisle, PA 17013
(717) 249-0900
DAWN KFT,T.ER, IN THE COURT OF COMMON PLEAS
p~~'f CUMBERLAND COUNTY, PA
v, NO. OG-5735 CNIL TERM
ELIZABETH SCHLUSSER, CIVIL ACTION -LAW
and JASON MELLOTT, SR., .
Defendants IN CUSTODY
GUARDIAN AD i ITEb:'S El`:ERGEI`TCY PFTITI01`T FOR SPEGLAi RFi iEF
AND NOW, this 4`~ day of August, 2010, comes the Petitioner, Melissa P. Tanguay,
Esquire, of ABOM & KUTULAKIS, L.L.P., as Guardian Ad Litem for Jason Mellott, Jr. and Andrew
Mellott, and respectfully petitions this Honorable Court to grant Petitioner special relief, and in
support thereof avers the following:
1. On August 19, 2009, The Honorable Edward E. Guido entered an Order of Court
setting forth custody of the subject minor children, Jason Mellott, Jr. and Andrew
Mellott, and also appointing a Guardian Ad Litem for the children. See Order of Court,
.'
G
DAWN KFT•T,ER,
Plaintiff
v.
ELIZABETH SCHLUSSER,
and JASON MFT•T•OTT, SR.,
Defendants
AUG 0 4 2010 ,~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
N•O. 06-5735 CNIL TERM
CNIL ACTION -LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ,~ day of August, 2010, upon consideration of the attached Guardian
Ad Litem's Emergency Petition. for Special Relief, it is ORDERED and DECREED that Dawn
Kelley's periods of visitation with the subject minor children, Jason Mellott, Jr, and Andrew Mellott,
as outlined in the August 19, 2009 Order of Court, are hexeby immediately SUSPENDED.
FURTHERMORE, it is ORDERED and DECREED that the parties and their respective
counsel appear before This Honorable Court, on the ~ day o£ ~ 2010, at
'~ ~.m., in Courtroom No. ~ of the Cumberland County Court of Common Pleas on
said Petition.
)•
Distribution; ~~`..-.~ ^'
,~, o i 3
"" Melissa P. Tanguay, Esquire, Guardian Ad Litem '-'- ~ ,_n ~ ~ ~ _; ~ ~;
Abom & Kutulakis, LLP, 2 West High Street, Carlisle, PA 17013 , -: ~,~
~ Taylor P. Andrews, Esquire, Atto~riey for Elizabeth Schlurcer { ' ~c' '
78 West Pomfret Street, Carlisle, PA 17013 'd "r
ason Mellott, Sr., Pm Se - ` '~
3284 Spring Road, Carlisle, PA 17013 --~ t, `~a
~wn Keller, Pm Se ~ ~ - :- .
(Last Known Address) 18142 Walnut Bottom Road, Newville, PA 17241
~~~~ ~~L
s!s/rv
~~
DAWN KELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-5735 CIVIL TERM
ELIZABETH SCHLUSSER,
and JASON MELLOTT, SR., CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 19th day of August, 2010, after hearing,
our Order of August 5, 2010 is suspended, and our Order of
August 19, 2009 is reinstated with the following amendments:
1. Paragraph 3 is amended to add the following:
E. All overnight visitation is to be
exercised at the home of mother's
grandparents, 1842 Walnut Bottom Road,
Newville.
F. The children are not to have any contact
with David Handshew, Elmer Green, Robert
Thrush or Timothy Savage.
2. Paragraph 7 is deleted.
In all other respects, our Order of August 19, 2009,
shall remain in full force and effect.
By the_out,
Edward E. Guido, J.
Dawn Keller
1842 Walnut Bottom Road
/Ne?wvil__e, PA 17241
Melissa P. Tanguay, Esquire
G.A.L. appointed for the Children
.i"Taylor P. Andrews, Esquire
Attorney for Elizabeth Schlusser
srs
(2 WXS-/16 4.s A a t LECL
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AUTHORITY TO PAY COURT APPOINTED COUNSEL
$ r AUG 2 3 X010 _._
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9.~OCEEDINGS (Describe briefly)' P I
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1 ^ Defsndant•Adult 12. CIVIL DOCKET NO.
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3 ^ Appellant
a O ADPellee
13. CRIMINAL DOCKET NO.
5 ^ Habeas Petitioner
ti ^ Material Witness
10. PERSON REPR(ES~ENTIIEII D (jFull Name) ,(
~
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~ 7 ^ Parolee Charged Wilh Violation
e ^ Probationer Gnarged with Violation
~
14. APPEALS DOCKET NO.
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16. NAME OF ATTORNEY/PAYEE ANO /~
Appl Date MAILING ADDRESS
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NAME O O ON PLEAS JUDGE ASSIGNED TO CASE ~`~ Sl,z.~ pa ~-~~ 13
17. TELEPHONE No. 18. soc~Al.sECUatrrtvo oaeiNNo
ylf`7- 4~- D~OU 2~ ~ ~1~~
CLAIM FOR SERVICES OR EXPENSES C ca -rt ?
19. SERVICE HOURS DATES Tl OU CL
a. Arraignment and/or Plsa M ,ate pe our i oral
b. PreGminery Hearing hotg[ obtaiM"In C _ om-
De Entptl
)otal ~~
c Motions and Requests ,
_.-d
Q
j d t3ail Hearings `
N ~ u
tJ e. Sentence Hearings ,
~-
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2 f. Trial ~ Q --i
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g
Revocation Hesrin
s .
.
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h. Juvenile Hearings
i. Appeals Court 19A TOTAL IN COURT COMP.
4 Other (Specify on additional sheets)
TOTAL HOURS a
X $55 PER HOUR X
$ r `
20. a. Interviews and conferences Multiply rate per hour times total
u_ ~ b. Obtaining and reviewing reeorda hours. Enter total "Out of Court"
com
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b
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ss
on
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ow.
0 ~ d. Investigative and other work (Specfy on additional sheets) 20A. TOTAL OUT OF COURT
COMP.
TOTAL HOURS = I
~, X $45 PER HOUR a 3 ~ ~ (,
2t. ITEMIZATION OF REIMBURSABLE EXP ENSES AMT. PER ITEM
Mila a $.44 per mile X
= O I'-h i ) Y i ~
p ~ C'LI I 21A. TOTAL ITEMIZED EXP.
~
=s ~,BB
22. CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND TOTAL CLAIMED
/
Has compensation and/or~imburaement for work in this case provioualy been applied for? p' YES ^ NO : j l.lr-~ ~g
If yes, were you paid? l3 YES ONO If yea
byvvhom vvero you peld? ~' u r"r How much? ~~ I ~ • g ~ I V
,
Has the person represented paid any money to you, or to your knowle a anyone else, In connection with the matter for 24. DEDUCT. PRIOR PYMTS.
which you were appointed to provide re tees I n ^ YE3 NO If a iv n addit' ~
s
ejg ' S
~
I swear or affirm the truth or correctness `~ U
y
of the above statements Date 25: NET AMOUNT ClJ11MED
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ruu Signature of
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Copy 1 -Mail to Court Administrator at completion of service
Abom & Kutulakis
2 West High Street
Carlisle, PA 17013
Court Administrator
One Courthouse Square
Carlisle, PA 17013
Ph: (717) 249-0900
FaX: (717) 249-3344
Federal I.D. 25-1877844
Aug 17, 2010
FILE #: I0-004
INVOICE #: 34855
Attention:
RE: GAL -Jason Mellott, Jr. & Andrew Mellott
Dawn Keller v. Elizabeth Schlusser & Jason Mellott, Sr,
Docket No.: 06-5735 Civil Term
DATE DESCRIPTION
Feb-24-10 Call from Elizabeth Schlusser re: concerns for
the boys safety while in mother's care
Mar-08-10 Call from Dawn Mellott to discuss issues with
Ms. Schlusser and medical problems
Mar-19-10 Phone call from Elizabeth Schlusser re:
transportation issue with boys' mother and case
update
Phone call from Jason Mellott, Jr. regarding
Dawn's phone number and discuss issue and
attempt to reach Dawn -left message
Call to Jason Jr. and Elizabeth to discuss
transportation issue
Call from Dawn Keller regarding
transportation issue
Call to Elizabeth Schlusser regarding
transporation issue
Mar-22-10 Call from Elizabeth Schlusser to report on
issues with weekend visit with mom
Mar-23-10 Letter to Attorney Andrews, Dawn Keller and
Jason Mellott, Sr., regarding following terms
of court order
Letter to Jason, Jr and Andrew regarding
recent issues
Mar-26-10 Review email from Jade Ogundere regarding
therapy and respond
Mar-29-10 Email from Jade Ogundere regarding concerns
for Dawn's home and respond
HOURS AMOUNT LAWYER
0.30 13.50 MPT
0.50 22.50 MPT
0.30 13.50 MPT
0.20 9.00 MPT
0.20 9.00 MPT
0.20 9.00 MPT
0.20 9.00 MPT
0.40 18.00 MPT
0.30 13.50 MPT
0.20 9.00 MPT
0.10 4.50 MPT
0.10 4.50 MPT
Apr-OS-10 Call to Elizabeth Schlusser regarding how 0.20 9.00 MPT
visits are going
May-12-10 Return call to Elizabeth regarding Dawn's 0.20 9.00 MPT
living arrangements and effect on boys
May-17-10 Call from Elizabeth Schlusser regarding report 0.30 13.50 MPT
on Jason's weekend with Dawn
May-21-10 Call from Elizabeth regarding Dawn's contact 0.10 4.50 MPT
information.
May-26-10 Call from Judge Guido's Chambers regarding 0.20 9.00 MPT
GAL appointment
Jun-03-10 Call from Elizabeth Schlusser regarding issues 0.20 9.00 MPT
with Dawn's visitation
Call to Dawn Keller regarding visitation on 0.40 18.00 MPT
Saturday
Call to Elizabeth Schlusser regarding 0.20 9.00 MPT
conversation with Dawn
Call to Elizabeth, Jason and Andrew to discuss 0.30 13.50 MPT
no overnights with Dawn
Jun-04-10 Conversation with Taylor Andrews regarding 0.20 9.00 MPT
no overnight visits with Dawn
Jun-16-10 Call from Dawn Keller regarding visitation 0.30 13.50 MPT
with Jason
Call to Elizabeth, Jason, Andrew regarding 0.30 13.50 MPT
visitation with Dawn at grandparent's house
Call to Dawn regarding no visitation at 0.20 9.00 MPT
grandparent's house
Jul-16-10 Call to Elizabeth Schlusser regarding status on 0.20 9.00 MPT
visitation with Dawn
Jul-19-10 Call from Elizabeth regarding issues with 0.50 22.50 MPT
Dawn and set up meeting with boys
Call to Taylor Andrews regarding how to 0.20 9.00 MPT
handle violation of court order
Jul-28-10 Meeting with Jason and Andrew Mellott and 0.80 36.00 MPT
Elizabeth to discuss asking court for relief to
stop Dawn's visits
Call from Jason Mellott, Sr. regarding stance 0.20 9.00 MPT
on Dawn's visitation
Aug-02-10 Telephone call from Elizabeth Schlusser 0.20 9.00 JAA
Call from Elizabeth regarding issues with 0.50 22.50 MPT
Jason and discuss with Jason
Aug-03-10 Call to Elizabeth regarding outcome of issue 0.20 9.00 MPT
with Jason and discuss emergency petition
Call to Taylor Andrews regarding concurrence
in emergency petition
Draft emergency petition for special relief to
stop Dawn's visits
Aug-04-10 Certified mailing to Dawn Keller enclosing
Emergency Petition for Special Relief
Finalize petition for emergency relief and
prepare for filing
Letter to Attorney Andrews, Mr. Mellott and
Ms. Keller with emergency petition
Aug-OS-10 Left detailed message for Clients regarding
visits suspended and August 19th hearing
Call from Dawn Keller to discuss issues with
petition
Aug-06-10 Call frcm Elizabeth Schlusser to discuss court
hearing
Aug-13-10 Meet with Jason and Andrew and Elizabeth
Schlusser -together and separately - to prepare
for hearing
Aug-16-10 Call from Jason Mellott to describe incident
with mother over weekend
Aug-17-10 Call to Jason Mellott, Sr to discuss hearing
Pull docket sheets for Dawn Keller and review
Phone call to Jason's therapist to discuss issues
with Dawn and Jason's progress in therapy
Totals
0.20 9.00 MPT
1.50 67.50 MPT
5.88 MPT "~
0.40 18.00 MPT
0.60 27.00 MPT
0.10 4.50 MPT
0.20 9.00 MPT
0.20 9.00 MPT
1.10 49.50 MPT
0.20 9.00 MPT
0.20 9.00 MPT
0.20 9.00 MPT
0.30 13.50 MPT
14.10 $640.38 /
Total Fees, Disbursements $640.38
Retainer Applied $0.00
Retainer Remaining $0.00
Previous Balance $316.80
Previous Payments $316.80
Interest Paid Since Previous Invoice $0.00
Interest Due $0.00
Balance Due Now $640.38
L, +
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F~dLED-OFFlCF
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LILAKIS
Melissa P. Tanguay, Esquire
Attorney LD. # 307155
2 West High Street
Cazlisle, PA 17013
(717) 249-0900
DAWN KELLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
v. NO. 06-5735 CIVIL TERM
ELIZABETH SCHLUSSER, CIVIL ACTION -LAW
and JASON MELLOTT, SR.,
Defendants IN CUSTODY
GUARDIAN AD LITEM'S MOTION TO WITHDRAW AS COUNSEL AND
MOTION FOR STATUS CONFERENCE
AND NOW, comes Melissa P. Tanguay, Esquire, of ABOM & KUTtJI.~1HIS, L.L.P., as court-
appointed Guardian Ad Litem for Jason Mellott, Jr. and Andrew Mellott, and respectfully motions
This Honorable Court to permit the undersigned to withdraw as counsel for the children and hold a
status conference of all parties, and in support thereof avers the following:
1. On August 19, 2009, The Honorable Edward E. Guido entered an Order of Court
setting forth custody of the subject minor children, Jason Mellott, Jr. and Andrew
Mellott, and also appointing a Guardian Ad Litem for the children. See 8/19/09 Order
of Court, attached as Exhibit "A."
2. On December 29, 2009, The Honorable Edward E. Guido appointed undersigned
~,
counsel to serve as the Guardian Ad Litem (GAL) for the children, replacing The
Honorable Albert H. Masland as GAL.
3. On August 19, 2010, The Honorable Edward E. Guido entered an Order of Court
amending the August 19, 2009 Order of Court. See 8/19/10 Order of Court, attached
as Exhibit "B."
4. On October 31, 2010, Jason, Jr. was arrested by the Pennsylvania. State Police and
charged with suYmnary harassment following a domestic dispute involving a relative at
the home of Ms. Schlusser.
5. On October 31, 2010, Ms. Schlusser informed Jason, Jr. that he could no longer live in
her home upon his release from police custody.
G. On November 1, 2010, Cumberland County Children and Youth Services (CYS)
became involved with Jason, Jr.
7. On November 1, 2010, CYS determined that Jason, Jr. should go to live with his
parents, Ms. Keller and Mr. Mellott, at the home of Ms. Kelley's grandparents.
8. Elizabeth Schlusser is still willing to provide primary physical and legal custody of
Andrew Mellott.
9. Undersigned counsel wishes to withdraw as Guardian Ad Litem due to the apparent
conflict of interest from the undersigned's role as Assistant Solicitor for CYS and the
current involvement of CYS with Jason, Jr.
10. Undersigned counsel believes that her representation of the children will be significantly
limited by her representation of CYS, and vice versa.
11. Undersigned counsel respectfully requests that This Honorable Court schedule a status
conference of all parties to discuss this request and the current custody of Jason, Jr.
12. Undersigned counsel has contacted counsel for Ms. Schlusser, Taylor Andrews, Esquire,
and he and his client concur with the relief requested.
13. Undersigned counsel has contacted the children's mother, Ms. Keller, and she concurs
with the relief requested.
14. Undersigned counsel has contacted the children's father, Mr. Mellott, and he concurs
with the relief requested.
15. Undersigned counsel has copied the CYS Solicitor, Lindsay Baird, Esquire, on the
instant Motion due to CYS's involvement in the case.
WHEREFORE, the Guardian Ad Litem prays that This Honorable Court permit
withdrawal as counsel and schedule a status conference involving all parties.
Respectfiilly Submitted,
ABOM & SUTULASIS, LLP
Date: November 3, 2010 - ~_:
Melissa P. Tanguay, Esquire `'
Attorney ID # 307155 _ ~
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Guardian Ad Litem
CERTIFICATE OF SERVICE
AND NOW, this ~ day of November, 2010, I, Sally Evans, of Abom & Kutulakis,
L.L.P., hereby certify that I did serve a true and correct copy of the foregoing GUARDIAN AD
LITEM'S MOTION TO WITHDRAW AND MOTION FOR STATUS CONFERENCE, upon
all parties by depositing, or causing to be deposited, same in the United States Mail, postage prepaid
addressed to the following:
Via First Class Mail:
Taylor P. Andrews, Esquire
78 West Pomfret Street
Carlisle, PA 17013
Attorney for Elisabeth Schlusrer
Lindsay D. Baird, Esquire
37 South Hanover Street
Carlisle, PA 17013
Solicitor for CYS
Via Certified Mail, Return Receipt Requested, and First Class Mail:
Dawn Keller
1842 Walnut Bottom Road
Newville, PA 17241
Jason Melott, Sr.
1842 Walnut Bottom Road
Newville, PA 17241
Sally Evans
DAWN KELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
ELIZABETH SCHLUSSER &
JASON MELLOT, SR.
Defendants
CIVIL ACTION - LAW
IN CUSTODY
NO. 06-5735 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of August, 2009, after
hearing, all prior Orders are vacated and replaced with the
following:
1. The Paternal Great Grandmother, Elizabeth
Schlusser, shall have sole legal and primary physical custody of
the children, Andrew Mellott, born August 6, 2000, and Jason
Mellott, Jr., born May 29, 1994. Provided, however, that the
natural parents of the children, Dawn Keller and Jason Mellott,
Sr., shall be entitled to all records and information pertaining
to the children pursuant to 23 Pa. C.S.A. Section 5309, to
include, but to not be limited to, medical, dental, religious,
and school records. Provided, further, that each parent shall
be entitled to attend, observe and offer input in all school
meetings, parent-teacher conferences, IEP meetings, planning
sessions, et cetera.
2. Father may visit with the children at such times
as agreed upon with Elizabeth Schlusser.
3. Mother shall be entitled to the following periods
of visitation:
A. With Andrew:
(i) From 9:00 a.m. on the first Saturday of
each month until 5:00 p.m. on Sunday.
(ii) From 9:00 a.m. until 5:00 p.m. on the
third Saturday of each month.
EXHIBIT
~'
Page 2 - August 19, 2009
No. 06-5735 Civil Term
B. With Jason, Jr.:
(i) From 9:00 a.m. on the third Saturday of
each month until 5:00 p.m. on Sunday.
(ii) From 9:00 a.m. until 5:00 p.m. on the
first Saturday of each month.
C. Holidays as agreed upon between the parties.
If the parties are unable to agree, we will set a holiday
schedule at a future time.-
D. Such other times as the parties agree.
4. Both parents shall be entitled to reasonable
telephone contact with the children at times agreed uppn. If
Mother and Grandmother cannot agree, the children shall be made
available to receive Mother's calls each Wednesday from 8:00
p.m. until 8:15 p.m. Likewise, Grandmother shall be entitled to
reasonable telephone contact with the children during Mother's
periods of visitation.
5. Nobody shall allow smoking to occur in their
homes at the time the children are in their custody.
6. Mother is to continue her individual and family
counseling with Helen Stevens until she is successfully
discharged. Father and Mrs. Schlusser are directed to
participate in the family counseling as requested by the
therapist.
7. Albert Masland, Esquire, is appointed to be the
guardian ad litem for the children. His fees shall be paid by
the Court Administrator.
8. Elizabeth Schlusser and the G.A.L. shall be
Page 3 - August 19, 2009
No. 06-5735 Civil Term
entitled to receive reports and records from the family
therapist.
Dawn Keller
34 East Main Street
Newville, PA 17241
Plaintiff, Pro se
he Court
Edward E. Guido, J.
Taylor P. Andrews, Esquire
Attorney for Defendant Schlusser
Douglas G. Miller, Esquire
Attorney for Defendant Mellott
Alt Masland, Esquire
C rt-appointed G.A.L. for the Children
Sheriff
Court Administrator
srs
M~ ~s
K
~'
DAWN KELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 06-5735 CIVIL TERM
ELIZABETH SCHLUSSER,
and JASON MELLOTT, SR., CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 19th day of August, 2010, after hearing,
our Order of August 5, 2010 is suspended, and our Order of
August 19, 2009 is reinstated with the following amendments:
1. Paragraph 3 is amended to add the following:
E. All overnight visitation is to be
exercised at the home of mother's
grandparents, 1842 Walnut Bottom Road,
Newville.
F. The children are not to have any contact
with David Handshew, Elmer Green, Robert
Thrush or Timothy Savage.
2. Paragraph 7 is deleted.
In all other respects, our Order of August 19, 2009,
shall remain in full force and effect.
B~
Edward E. Guido, J.
Dawn Keller
1842 Walnut Bottom Road
Newville, PA 17241
Me,,~~issa P. Tanguay, Esquire
1G!~A.L. appointed for the Children
Taylor P. Andrews, Esquire
Attorney for Elizabeth Schlusser
srs
EXHIBIT
TRUE COPY FROM RECORD
In Testimony.whereof, 1 here unto sat my hand
and the~ s~e,~a(l ~o~f said at Carlisle, Pa.
This ~J rUay Of , 20
Protha otary
I
DAWN KELLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO. 06-5735 CIVIL TERM 140V 0 2010
ELIZABETH SCHLUSSER, CIVIL ACTION -LAW
and JASON MELLOTT, SR.,
Defendants IN CUSTODY
ORDER OF COURT
AND NOW, this day of November, 2010, upon consideration of the attached
Guardian Ad Litem's Motion to Withdraw as Counsel and Motion for Status Conference, it is
ORDERED that all parties attend a Status Conference before This Honorable Court on the a?
day of , 2010, at "m., in Courtroom _ o£ the Cumberland
County Court of Common Pleas.
BY T COURT:
Edward E. Guido, J.
Distribution:
Melissa P. TanguaY, Esquire, GuardianAdLitem
Aborn & Kutrulakis, LLP, 2 West High Street, Carlisle, PA 17013
Taylor P. Andrews, Esquire, Attorney for Eli?Zabetb Schlusser
78 West Pomfret Street, Carlisle, PA 17013
ason Mellott, Sr:, Pro Se
1842 Walnut Bottom. Road, Newville, PA 17241
Dawn Keller, Pro Se
1842 Walnut Bottom Road, Newville, PA 17241
dsay D. Baird, Esquire, Solicitorfor CYS
37 South Hanover Street, Carlisle, PA 17013
µ
b fcs ?}"L Zu LL
??
fu
I -
3I{"E
n j
OM
I, ULAKIS
Melissa P. Tanguay, Esquire
Attorney I.D. # 307155
2 West High Street
Carlisle, PA 17013
(717) 249-0900
DAWN KELLER,
Plaintiff
V.
ELIZABETH SCHLUSSER,
and JASON MELLOTT, SR.,
Defendants
NO. 06-5735 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ARDIAN AD LITE MIS MOTION TO CONTINUE STATUS CONFERENCE
AND NOW, comes Melissa P. Tanguay, Esquire, of ABOM & KUTULAKIS, L.L.P., as court-
appointed Guardian Ad Liter n for Jason Mellott, Jr. and Andrew Mellott, and respectfully motions
This Honorable Court to continue the Status Conference scheduled for November 24, 2010 at 2:00
p.m., and in support thereof avers the following:
1. On November 2010, The Honorable Edward E. Guido entered an Order of Court
scheduling a Status Conference for all parties on November 24, 2010 at 2:00 p.m.
2. Undersigned counsel will be unable to attend the Status Conference at the scheduled
date and time due to a scheduling conflict.
3. The undersigned will be representing Cumberland County Children and Youth Services
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
at juvenile Court hearings all day on November 24, 2010, including a permanency
R .
review hearing before Master James Flower at 2:00 p.m. on November 24, 2010.
4. Undersigned counsel respectfully requests that This Honorable Court reschedule the
' Status Conference to a date and time convenient to the Court and all parties.
5. Undersigned cowasel has contacted counsel for Ms. Schlusser, Taylor Andrews, Esquire,
and he and his client concur with the relief requested.
6. Undersigned counsel has contacted the children's parents, Dawn Keller and Jason
Mellott, Sr., and they concur with the relief requested.
WHEREFORE, the Guardian Ad Litem prays that This Honorable Court reschedule the
Status Conference currently scheduled for November 24, 2010 at 2:00 p.m. to a date and time
convenient to 'the Court and all parties.
Respectfully Submitted,
ABOM & KUTULA"S, LLP
A
Date: November 10, 2010
Melissa P. Tanguay, Esquire ?`.
Attorney ID # 307155
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Guardian Ad Litem
?.?CERTIFICATE OF SERVICE
AND NOW, this?? day of November, 2010, I, Sally Evans, of Abom & Kutulakis,
L.L.P., hereby certify that I did serve a true and correct copy of the foregoing GUARDIAN AD
LITEM'S MOTION TO CONTINUE STATUS CONFERENCE, upon all parties by depositing,
or causing to be deposited, same in the United States Mail, postage prepaid addressed to the
following:
Taylor P. Andrews, Esquire
78 West Pomfret Street
Carlisle, PA 17013
Attorney for EkZabetb Schlosser
Dawn Keller
1842 Walnut Bottom Road
Newville, PA 17241
Jason Mellott, Sr:
1842 Walnut Bottom Road
Newville, PA 17241
Lindsay D. Baird, Esquire
37 South Hanover Street
Carlisle, PA 17013,
Solicitor for CYS
s?
e?' W''o
Sally Evans
OV, '0 b Zulu
AUTHORITY TO PAY COURT APPOINTED COUNSEL ew
1. COURT /C
? District Justice L3 C 2. VOUCHER
o 1 1
7
ommon
ommon Pleas 13 Appellate ? Other N
5
3. FOR (D.J., C.P.. APPELLATE) 4. AT (CITY/STATE) 5. BUDGET CODE
6. IN THE CASE OF 7. CHARGE/OFFENSE (PURDON CITATION) 8. O PETTY OFFENSE
vs ? FELONY ? MISDEMEANOR
9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. CIVIL DOCKET NO.
1 ? Defendant - Adult
2 ? Defendant-Juvenile
??... ??
3 ? Appellant
4 ? Appellee
13. CRIMINAL DOCKET NO.
5 ? Habeas Petitioner
6 ? Material Wdtness
10. PERSON REPRESENTED (Full Name)
l L it cj-,+ 0?
3_a
s?
- 7 ? Parolee Charged With Violation
ationer
Charged With Violation
14. APPEALS DOCKET N0.
-
`
_
- 9 ? Othe
.
16. NAME OF ATTORNEY/PAYEE AND
Appt Date MAILING ADDRESS
(ji, do u
NAME COMMON PLEAS JUDGE ASSIGNED TO CASE
1 LA) qu??
It -1
r
,
17. TELEPHONE No.
'1(-- 9 -0010 11 8. 50CIALSECURITY NO OR EiN N?
5-12-722`(1
CLAIM FOR SERVICES OR EXPENSES
19. SERVICE HOURS DATES AMOUNTS CLAIMED
a. Arraignment and/or Plea Multiply rate per hour-times total
b. Preliminary Hearing hours to"obtain "In Court" com-
- pensaffbn E
ter total bel
w
c Motions and Requests n
.
o
d Bail Hearings I
=O e. Sentence Hearings
U
Z f. Trial
a .71
g. Revocation Hearings
s
h. Juvenile Hearings
fir=
is Appeals Court 19A. TOTAL WX0L(,RT`_C,'OMP.
6 Other, (Specify on additional sheets) wn
TOTAL HOU X $55 PER HOUR
20. a. interviews and conferences Multiply rate per hour times total
UL b. Obtaining and reviewing records
a f hours. Enter total "Out of Court"
e
O M
c. Legal research and brief writing comp
nsation tallow.
t- 0 -
0 d. Investigative and other work (Specify on additional sheets) 20A. TOTAL OUT OF COURT
COMP.
TOTAL HOURS X $45 PER HOUR $ 3_? , 0,0
21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM
Milage $.44 per mile x
a:
Lu
~
O
° 21 Al TOTAL ITEMIZED EXP.
?$
22. CERTIFICATION OF ATTORNEY/PAYEE
Has compensation and/or r rtlbursement for work in thi
i
li
f 23. GRAND T TAL CLAIMED
`
Q
s case prev
ed
ous been app
or? ES ?
If yes, were you paid? YES 11 ? NO If yes
bywhom were you paid? How much? 2.
2
112 3
0 I ?
_ $
C
,
.
1
Has the person represented paW any money to you, cr to your krowledge anyone else, in connection with the matter for 24. DEDUCT. PRIOR PYMTS.
which you vvere appointed to provide repres tation? YES Q?Nq ?t yes 'v stalls on additions} she t = $
I swear or affirm the truth or correctness A MA4 III AA
of the above statements at re n ayee 25. NET NT CLAI?D
NE
AMOg \
, \
=S
lJ
26 nPPRUVtt,
I
Fury Signature of
27. AMT. APPROVED
?AVMENt Judge
Date.
Q = $
31 . V 8.?
r
Copy 1 - Mail to Court Administrator at completion of service
Abam & Kutulakis
21Vest High Street
Carlisle, PA 17013
Court Administrator
One Courthouse Square
Carlisle, PA 17013
Attention:
RF.: GAL Jason Mellott, Jr. & Andrew Mellott
Dawn Keller v. Elizabeth Schlusser & Jason Mellott, Sr
DocketNo.: 06-5735 Civil Term
DATE DESCRIPTION
Oct- 12-10 Call to Elizabeth Schlusser.to discuss weekend
issues and how boys are ,doing
Call to Alex Anderson (Jason's therapist) to
discuss issues
Call from Jason and Andrew to discuss issues
from Monday
Oct-26-10 Call from Elizabeth Schlusser regarding recent
disciplinary issues with Jason
Oct-29-10 Call from Jason Mellott and Elizabeth
Schlusser regarding issues with Jason and
possible placement
Call Children and Youth to inquire on how to
make referral
Return call to Dawn Keller regarding issues
with Jason and possible custody
Leave message for Jason's school counselor
and email as ;well regarding attending Monday
meeting
Nov-01-10 Call to Elizabeth and Andrew regarding
Jason's arrest for. assault .
Revie«- entail from Donna Gano at River Rock
and faxed citation and call from Ms. Gano
regarding Jason's arrest and educational
meeting
Phonecall from Sarah Wenger at Children and
Youth regarding Jason and email Sarah with
relevant court orders
Ph: (717) 249-0900
Fax: (717) 249-3344
Federal I.D. 25-1877844
Nov 04, 2010
FILE #:
INVOICE 4:
10-004
36271
HOURS AMOUNT LAWYER
0.30 13.50 MPT
0.30 1150 MPT
0.30 13.50 MPT
0.30 13.50 MPT
0.60 27.00 MPT
0.20 9.00 MPT
0.40 18.00 MPT
0.20 9.00 MPT
0.30 13.50 MPT
0.30 13.50 MPT
0.40 18.00 MPT
Left message for Taylor Andrews regarding
Jason's placement and criminal issues
Calls from Donna Gano and Elizabeth
Schlusser regarding meeting
Attend meeting at River Rock Academy
regarding Jason Mellott's placement (School,
Children and Youth and Elizabeth present),
including travel to and from meeting
Nov-02-10 Draft motion to withdraw as counsel and
motion for status conference
Call mother, father, and Attorney Andrews
regarding concurrence in motion and notify
Children and Youth Services of motion
Call to' Children and Youth Service - Sarah
Wenger - to share concerns regarding Jason
and Andrew
Totals
0.10 4.50 MPT
0.20 9.00 MPT
2.40 108.00 MPT
1.50 67.50 MPT
0.50 22.50 MPT
0.10 4.50 MPT
8.40 ? $378.00
Total Fees, Disbursements $378.00
Retainer Applied $0.00
Retainer Remaining $0.00
Previous Balance $281.00
Previous Payments $281.00
Interest Paid Since Previous Invoice $0.00
Interest Due $0.00
Balance Due Now $378.00
DAWN KELLER,
Plaintiff
V.
ELIZABETH SCHLUSSER,
and JASON MELLOTT, SR.,
Defendants
Nov i5701n
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 06-5735 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
r ORDER OF COURT
AND NOW, this I G day of November, 2010, upon consideration of the attached
Guardian Ad Litem's Motion to Continue the Status Conference,,++ A . ORDERED that the Status
Conference before This Honorable Court is rescheduled to the?T day of
2010, at Am., in Courtroom 3 of the Cumberland County Court of Common Pleas.
B E COURT-
Edward E. Guido, J.
Distribution:
? Melissa P. Tanguay, Esquire, Guardian Ad Litem
Abom & Kutulal is, LLP, 2 West High Street, Carlisle, PA 17013
Taylor P. Andrews, Esquire, Attorney for EliZabetb ScUmsrer
78 West Pomfret Street, Carlisle, PA 17013
Jason Mellott, Sr., Prn Se
1842 Walnut Bottom Road, Newville, PA 17241
,,--15awn Keller, Pm Se
1842 Walnut Bottom Road, Newville, PA 17241 o
'I:u dsay D. Baird, Esquire, Solicitor for CYS -v 3 G
37 South Hanover Street, Carlisle, PA 17013 ? m rn r
r -- m
n > -r o?
lA t ? /natl? A° x• o
zo ?--.
7/1 e.) x
? o
DAWN KELLER,
Plaintiff
VS
ELIZABETH SCHLUSSER and
JASON MELLOTT, SR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5735 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
IN RE: MOTION TO WITHDRAW AS COUNSEL
ORDER OF COURT
AND NOW, this 29th day of November, 2010, after a
status conference, the Petition of Melissa Tanguay, Esquire, to
withdraw as Guardian Ad Litem for the children is granted.
Jacqueline M. Verney, Esquire, is appointed as Guardian ad Litem
for Jason Mellott, Jr., in the juvenile matter soon to be filed.
Michael Whare, Esquire, is appointed Guardian ad Litem
for both children in the custody action,..
Bar'" the Court,,-
Edward E. Guido, J.
,A!'ehissa P. Tanguay, Esquire
,,,"Taylor P. Andrews, Esquire
For Elizabeth Schlusser
./Lindsay D. Baird, Esquire
For CCC&YS
/Jacqueline M. Verney, Esquire '
Michael Whare
Esquire
MW o
zm
, 6
?ason Mellott, Sr. r-X ° c:)
--I
1842 Walnut Bottom Road ° aaea• X-n
Newville, PA 17241 z
o °xF
_
DC
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Orn
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,Hawn Keller -
i rv
1842 Walnut Bottom Road
Newville, PA 17241
"-IffCC&YS
Court Administrator -.C -Rif
:mlc eo i?f rrt?1
IIY3cJ??d
AUTHORITY TO PAY COURT APPOINTED COUNSEL DEC 13 2010
1. COURT
? District Justice l9" Common Pleas ? Appellate ? Other
3. FOR (D.J., C.P., APPELLATE) 4. AT (CITY/STATE)
6. IN THE CASE OF
vs
9. PROCEEDINGS (Describe briefly)
G0L rer?re ?yl 4-;b-'1
10. PERSON REPR ENT D (Full Name)
ArAr-e t,J 01e-%,
Appt Date
7. CHARGE/OFFENSE (PURDON CITATION)
11. PERSON REPRESENTED
1 O Defendant - Adult
2 O Defendant - Juvenile
3 O Appellant
4 ? Appellee
5 ? Habeas Petitioner
6 ? Material Witness
7 ? Parolee Charged With Violation
6 O Probationer Charged With Violation
9 O Other
2. VOUCHER
5. BUDGET CODE
8. ? PETTY OFFENSE
? FELONY ? MISDEMEANOR
12. CIVIL DOCKET NO.
Lts- 5,1315
13. CRIMINAL DOCKET NO.
14. APPEALS DOCKET NO.
16. NAME OF ATTORNEY/PAYEE AND
MAILING ADDRESS _
Tct.rl
tom -u-FuI is ; L.
c VU Q. I; h vl
??rL? dl? , ? ? ??13
?o a
-Iw1?42 fdvard -1 LAJ C)
NAME COMMON PLEAS JUDGE ASSIGNED TO CASE
9. SERVIC
a. Arraignment and/or Plea
b. Preliminary Hearing
c. Motions and Requests
2 d Bail Hearings
0
O
e. Sentence Hearings
V
f. Trial
2
g. Revocation Hearings
P. Juvenile Hearings
i. Appeals Court
4 Other (Specify on additional sheets)
20. a. Interviews and conferences
LL
t b. Obtaining and reviewing records
:
O
j
a Legal research and brief writing
F
:3 00 d. Investigative and other work (Spec
1
w
t-
O
17. TELEPHON No. 16. SOCIAL SECURITY NO OR EIN NO
- L{ - , 10 C) 25- -1-7 S
CLAIM FOR SERVICES OR EXPENSES
TOTAL HOURS - I ?r
v ?.
on additional sheets)
TOTAL HOURS = ?r
N OF REIMRURSeRI F Fxpf=Mecc
X $55 PER HOUR
X $45 PER HOUR
22. CERTIFICATION OF ATTORNEY/PAYEE
Has compensation and/or reimbursement for work in this case previous been applied for? (8' YES ? NO
11 yes, were you paid? ? YES ? NO If yes, by whom were you pald? Ott How much? , I
Has the person represented paid any money to you, or to your knowledge anyone also, In connection with the matter for
which you were appointed to provide rapr rtta on? YES q NQ yes ive details on dditional she t
I swear or affirm the truth or correctness_ ) / f 1
of the above statements to of Attomey/ ayse -F'Otte
-
28.naPrtovt D
F()N Signature of
f'AYME NT Judge X'/ , Date. 13 /O
AMOUIRS CCLLAIM
iply rate hou
r o obyltlrj "In
Eflttfr total
rn
W C6
7 C.
3cz
A. TOTAL IN COURT CO P.
=$3?.Cc-)
Multiply rate per hour times total
hours. Enter total "Out of Court"
compensation below.
20A. TOTAL OUT OF COURT
COMP.
_$ Q 1L? SCE
21A. TOTAL ITEMIZED EXP.
_: C4 L P6oo.ab
23. GRAND TOTAL CLAIMED
$ ?--,!;tPj?
24. DEDUCT. PRIOR PYMTS.
a=
25-'NET AMOUNT CLAIMED
27. AMT. APPROVED
_$ .?IPP`a //O
0
copy if -snail to Court Administrator at completion of service
Abom & Kutulakis
2 West High Street
Carlisle, PA 17013 Ph: (717) 249-0900
Fax: (717) 249-3344
Federal I.D. 25-1877844
Court Administrator Dec 09, 2010
One Courthouse Square
Carlisle, PA 17013
FILE #: 10-004
INVOICE 36775
Attention:
RE: GAL - Jason Mellott, Jr. & Andrew Mellott
Dawn Keller v. Elizabeth Schlusser & Jason Mellott , Sr.
Docket No.: 06-5735 Civil Term
DATE DESCRIPTION HOURS AMOUNT LAWYER
Nov-03-10 Phone call from Taylor Andrews to discuss 0.20 9.00 MPT
motion and current placement of Jason
Letters to Dawn Keller (certified and first 0.60 27.00 MPT
class), Jason Mellott, Sr., (certified and first
class), Taylor Andrews, Esq., and Lindsay
Baird, Esq., with motion to withdraw and
status conference
Nov-04-10 Call to Elizabeth to ask how things are going 0.20 9.00 MPT
Call from Donna Gano at River Rock 0.20 9.00 MPT
Academy regarding transportation for Jason
Calls to Nicole Crisp and Nikki Gresh 0.30 13.50 MPT
regarding transportation issue
Call from Shelley Barrick regarding issues 0.20 9.00 MPT
with Jason's placement
Call from Andrew Mellott and Elizabeth 0.20 9.00 MPT
Schlusser regarding weekend visit
Nov-05-10 Call to Donna Gano regarding Jason in school 0.20 9.00 MPT
Nov-08-10 Call from Sarah Wenger regarding meeting for 0.20 9.00 MPT
Jason Mellott
Nov-09-10 Call from Jason Mellott at River Rock 0.20 9.00 MPT
Call to Elizabeth and Andrew 0.20 9.00 MPT
Review prior court orders and pleadings to 0.50 22.50 MPT
prepare for meeting at Children and Youth
Nov-10-10 Review order scheduling status conference
Draft motion to continue status conference
Call Taylor Andrews for concurrence and
discuss case status
Call Dawn and Jason, Sr., for concurrence and
discuss case status
Letters to Attorney Andrews, Ms. Keller, Mr.
Mellott, and Attorney Baird with motion to
continue status conference
Nov-15-10 Call to Sarah Wenger to check on status of
case with Children and Youth
Nov-18-10 Review order of court rescheduling status
conference
Nov-29-10 Represent Jason and Andrew at status
conference on petition to withdraw
Letter to Jason Mellott, Jr. regarding
withdrawing from case
Letter to Elizabeth Schlusser and Andrew
Mellott regarding withdrawing from case
Nov-30-10 Draft detailed letter to Attorney Whare (new
GAL) regarding file transfer
Mailing of file to new GAL Michael Whare,
Esquire.
Dec-01-10 Review order of court regarding withdrawal
Totals
DISBURSEMENTS
Nov-30-10 Mileage from River Rock Academy in
Newville to office 17 X 44.457
Mileage from office to River Rock Academy
in Newville 17 X ,44 HS
0.10 4.50 MPT
0.50 22.50 MPT
0.20 9.00 MPT
0.20 9.00 MPT
0.80 36.00 MPT
0.20 9.00 MPT
0.10 4.50 MPT
0.60 33.00 MPT
0.20 9.00 MPT
0.20 9.00 MPT
0.30 13.50 MPT
4.90 MPT
0.10 4.50 MPT
6.70 $312.40
Disbursements Receipts
7.0 7.45
/$. 3a
7,0 7. c, s
Total Fees, Disbursements $32 6
Retainer Applied $0.00
Retainer Remaining $0.00
Previous Balance $318.00
Previous Payments $318.00
Interest Paid Since Previous Invoice $0.00
Interest Due $0.00
Balance Due Now $327 6
FILED-OFFICE
THE PRO TL
r?
2010 DEC 21 Pty 06
CUMBERLAND coup
PENNSYLYA JA