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DONNA J. MELLOTT v. CHALMER M. MELLOTT (05/11/84)

filed: May 11, 1984.

DONNA J. MELLOTT
v.
CHALMER M. MELLOTT, APPELLANT



No. 82 Harrisburg, 1983, Appeal from the Order Entered February 3, 1983 in the Court of Common Pleas of Fulton County, Civil Division, No. 195 of 1981 C

COUNSEL

Gary D. Wilt, McConnellsburg, for appellant.

George Edgar J. Wenger, Jr., Chambersburg, for appellee.

Wickersham, Wieand and Cercone, JJ.

Author: Cercone

[ 328 Pa. Super. Page 201]

This is a direct appeal from the order which refused to hold the mother, appellee Donna J. Mellott, in contempt of court for failure to comply with court orders conferring visitation rights on the father, appellant Chalmer M. Mellott. Appellant also argues that the trial court erred in not granting custody of the parties' two daughters, Angela Dawn, age fourteen, and Dana, age thirteen, to him.

The parties married in 1968 and separated in 1981. On November 27, 1981, appellant presented his petition for custody of the girls. On February 12, 1982, the court ordered that the appellant have custody/visitation every third weekend from six p.m. Friday to six p.m. Sunday. When this arrangement did not work out, such that appellant saw his daughters only infrequently and for very short

[ 328 Pa. Super. Page 202]

    periods of time, appellant petitioned on April 20 and June 11, 1982 for a rule to show cause why appellee should not be held in contempt of court for failing to facilitate and obstructing his visits with the girls. On June 17, 1982, the trial court ordered that all four Mellotts attend counseling sessions, at the conclusion of which the counselor made certain recommendations. On July 12, 1982, the trial court, relying on a report by the counselor, entered the following order:

July 12, 1982, it appearing to the Court after a report from Dr. James W. Nutter that the parents are still at odds to a significant degree; that Angela Mellott, the older daughter, is still refusing to visit with her father and that a period of short-time visits between the children and their father is required.

IT IS ORDERED that on July 16, 1982, the mother shall have the children ready to go with their father for a visit of one hour and a half commencing at 7:00 p.m. and that such periods of visitation shall continue through September 17, 1982. Thereafter, it is ordered that the children shall visit with their father from 7:00 p.m. Friday evening until 10:00 a.m. Saturday morning, such visitation to continue through November 13, 1982.

IT IS FURTHER ORDERED that beginning November 26, 1982, and every other weekend thereafter, the children shall visit with their father from 6:00 p.m. on Friday to 7:00 p.m. on Sunday, with the father to provide all transportation for all visits.

It shall be the obligation of the mother to have the children ready for such visits and to encourage them to participate in the plan hereby ordered. While in the presence of the children neither of the parents shall make any remarks or do anything which can in any way be construed as derogatory or uncomplimentary to the other and it shall be the duty ...


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