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AMONG THE RECORDS AND PROCEEDINGS enrolled in the Court
of Common Pleaa in and for the COUNTY OF L YCOMING in the Com-
monwealth of Pennoylvania to NO...!D:,2Jl9.'i!i... ...............,..,.................19....... ia
contained the followini':
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Dora V. Girman
Bernard W. Girman. Jr.
(ORIGINALS of all case documents are attached hereto.)
State of Pennsylvania. }
Lycomi"ll County M:
Clrlifjld f,om Ill, RICords of 'M Co..,, of Commo" PilOt of Lyco.....,,!J
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COURT OF COMMON PLEAS OF'LYCOMING COUNTY
OFFICIAL DOCKET ENTRIES FOR CASE NO. 93-20954
4/21/97
2:26 PM
PAGE
1
DORA V. GIRMAN
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James D. Casale )
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VS
BERNARD W. GIRMAN JR
7/07193
COMPLAINT IN A CIVIL ACTION-DIVORCE FILED.
7/08/93 ACCEPTANCE OF SERVICE FILED.
10/15/93 WAIVER OF WAITING PERIOD FILED,
10/15/93 MOTION FOR FINAL DECREE FILED.
10/15/93 AFFIDAVIT OF CONSENT FILED.
10/15/93 AFFIDAVIT OF CONSENT FILED.
10/15/93 PROPERTY SETTLEMENT AGREEMENT FILED.
10/15/93 AFFIDAVIT OF SERVICE FILED.
10/15/93 MASTER FEE PAID.
10/19/93 DECREE IN DIVORCE FILED.
10/19/93 NOTICE UNDER PRCP 236 ISSUED.
12/17/93 PETITION FOR CHILD CUSTODY FILED.
12/17/93 ORDER DIRECTING HEARING FILED.
12/17/93 NOTICE UNDER PRCP 236 ISSUED.
3/15/94 ORDER RE CHILD CUSTODY FILED.
3/15/94 NOTICE UNDER PRCP 236 ISSUED.
4/25/95 ORDER RE PRE-TRIAL CONFERENCE FILED.
4/25/95 NOTICE UNDER PRCP 236 ISSUED.
9/13/95 CUSTODY AGREEMENT FILED.
9/13/95 ORDER APPROVING CUSTODY AGREEMENT FILED.
9/13/95 NOTICE UNDER PRCP 236 ISSUED.
3/13/96 MOTION FOR FINDING OF CONTEMPT FILED.
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Defendant
Defendant
James D. Casale
Plaintiff
Defendant
Plaintiff
James D. Casale
James D. Casale
Judge Clinton W. Smith
William J. Burd, Proth.
Richard J. Callahan
Judge Thomas C. Raup
William J. Burd, Proth,
Judge Thomas C. Raup
William J. Burd, Proth.
Judge Thomas C. Raup
William J. Burd, Proth.
Plaintiff
Judge Thomas C. Raup
William J. Burd, Proth.
Defendant
COURT OF COMMON PLEAS OF LYCOMING COUNTY
OFFICIAL DOCKET ENTRIES FOR CASE NO. 93-20954
4/21/97 2:26 PM
PAGE
2
*************************************************************.****....**********
3/13/96 PETITION TO MODIFY CUSTODY FILED.
3/25/96 ORDER DIRECTING HEARING FILED.
3/25/96 NOTICE UNDER PRCP 236 ISSUED.
3/26/96 ORDER DIRECTING HEARING FILED.
3/26/96 NOTICE UNDER PRCP 236 ISSUED.
4/08/96 AFFIDAVIT OF SERVICE FILED.
4/08/96 AFFIDAVIT OF SERVICE FILED.
4/10/96 CUSTODY AGREEMENT FILED.
Defendant
Judge Clinton W. Smith
William J. Burd, Proth.
Judge Clinton W. Smith
William J. Burd, Proth.
Plaintiff
4/12/96 PRAECIPE TO WITHDRAW PETITION TO MODIFY CUSTODY FILED.
T, Max Hall
4/18/96 PRAECIPE TO WITHDRAW APPEARANCE OF COUNSEL FILED.
Richard J. Callahan
4/18/96 PRAECIPE TO ENTER APPEARANCE OF COUNSEL FILED.
T, Max Hall
Judge Clinton W. Smith
William J. Burd, Proth.
Mark W, Bufa1ino
Judge Clinton W. Smith
William J. Burd, Proth.
Mark W. Bufalino
Mark W. Bufalino
Judge Clinton W. Smith
William J. Burd, Proth.
Mark W. Bufalino
Judge Clinton W. Smith
William J. Burd, Proth.
4/18/96 ORDER APPROVING CUSTODY AGREEMENT FILED.
4/18/96 NOTICE UNDER PRCP 236 ISSUED.
10/25/96 MOTION FOR FINDING OF CONTEMPT FILED.
11/04/96 ORDER DIRECTING HEARING FILED,
11/04/96 NOTICE UNDER PRCP 236 ISSUED,
11/12/96 AFFIDAVIT OF SERVICE FILED.
11/15/96 PETITION TO MODIFY CUSTODY FILED.
11/20/96 ORDER DIRECTING HEARING FILED,
11/20/96 NOTICE UNDER PRCP 236 ISSUED.
12/02/96 AFFIDAVIT OF SERVICE FILED.
12/30/96 ORDER RE PRE-TRIAL CONFERENCE FILED.
12/30/96 NOTICE UNDER PRCP 236 ISSUED,
1/27/97 ORDER RE APPROVAL OF STIPULATION OF COUNSEL FILED.
Judge Clinton W. Smith
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IN THE COURT OF COMMON PLEAS OF L YCOMING COUNTY, PENNSYLVANIA
DORA V. GIRMAN,
Plaintiff
CIVIL ACTION - LAW
CUSTODY/VISITATION
vs,
NO, 93-20,954
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ORDER DECLINING JURISDICTION AND TRANSFERRINOVENUE':!?
PRE-TRIAL CONFERENCE ,:
RlIckcmund
Pn'-Tria/ Confi.:rcnce Date: April I, 1997
Counsel For PlaillliIT{Mothcr): Mark W. Bufalino, Esquire
Counsel For Defendant (Father): T. Max Hall, Esquire
Action:
Mother's petition to modify or terminate the prior custody order, which
was filed on November 15, 1996 and relates to the three children of the
maniage of/he parties (which was terminated by divorce on October 19,
1993), the children being Elizabeth Ann Girman, date of birth, December
10, 1985; Bernard W. Girman, date of birth, October 13, 1987 and
Titiana M. Girman, date of birth, February 5, 1989. The Mother now
seeks to have primary physical custody of the children or in lieu thereof
to have an extensive modification of her partial physical custody rights
under the prior order of court; the prior order of court was entered upon
stipulation of consent approved by Judge Smith on April 16, 1996. The
stipulation of consent was actually dated April 9, 1996. This stipulation
and order were filed on April 10, 1996.
Pre-Trial Conference
At the Prc- Trial Conference it has been ascertained that the children, who are now in
thc primary physical custody of their Father. relocated with the Fathcr from Lycoming County in
August of 1996 and continuc to rcside with their Father at 438 Pawnee Drive, Mechanicsburg,
Cumberland County, Pennsylvania, The Mother resides at 509 Luzerne Avenue, West Pittston,
Luzerne County. Pcnnsylvania, At the Pre-Trial Conference the Court sua spontc dctermined that:
Lycoming County would not be a cJnvenient form as neither party now resides in Lycoming County;
Cumberland County, which is now the horne County of the children would have jurisdiction ovcr thc
custody matters; neither attorney had an objection to transfcrringjurisdiction and venue of this case
to Cumberland County,
ORDER
Accordingly, it is ORDERED AND DIRECTED, in accordance with 23 Pa. C,5,
~5344 and ~5348 that jurisdiction in this matter is declined; jurisdiction is determined to be in
Curnberland County, Pennsylvania, Pursuant to Pennsylvania Rule of Civil Procedure 1915.2(a)(4)
and 1915.2(d) it is DIRECTED that the Prothonotary of Lycoming County forward to the
Prothonotary of Cumberland County ccrtified copics of the docket entries, process. pleadings and
other papers filcd in this action; the costs and fecs relating to the transfer and removal of the record
shall initially be paid by the DcfendantlRespondent, Bcrnard W. Girman. but shall be taxable as costs
in this case upon ultimate dctermination of the issucs. Paymcnt shall be made immediately upon the
Prothonotary of each respective County advising thc Defendant through counsel as to the costs and
fees rcquired,
The Coun requests that the Prothonotary of Cumberland County, upon receipt of this Order
and the papers from this case notity the appropriate court scheduling offices and family court officials
2
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DORA V. GIRMAN,
IN THE COURT OF COMON PLEAS
OF LYCOMING COUNTY
Plaintiff/Petitioner
CIVIL ACTION LAW
VS.
Defendant/Respondent
IN DIVORCE, A.V.M.
NO. 93-20, 954 I
BERNARD W. GIRMAN,
ORDER
AND NOW, this
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day of
1997 upon consideration of the Stipulation executed etween Ih
Dora (Ginnan) Distasio and the Defendant, Bemard W, Ginnan, the original of
which is attached hereto, the same is here ORDERED. DIRECTED,
APPROVED and fully made a part of the record of the above-captioned
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BY THE COURT,
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DORA V. GIRMAN,
Plaintiff\Petitioner
: IN THE COURT OF COMMON PLEAS
OF L YCOMING COUNTY
VS.
CIVIL ACTION LA W~'~' ; ~ ~~-
BERNARD W. GIRMAN,
IN DIVORCE, A.V.M. :
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Defendant\Respondent
NO. 93-20, 954
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STIPU LA TION
AND NOW, this
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, 1997,
the Parties, by and through their counsel, hereby stipulate and agree as follows:
I. Defendant, Bemard W. Ginnan recognizes and acknowledges the
necessity of complying with the present Custody Orders of this Court;
2. Defendant, Bemard W. Ginnan. will fully comply with the
Stipulation of Consent executed by the parties on April 9, 1996, the
conesponding Order of this Court on April 16, 1996, and the Order of this
Court dated December 20, 1996 amending the Stipulation of Consent executed
by the parties on April 9, 1996. True and conect copies of the aforementioned
Stipulation of Consent and Orders of this Court are aU ached hereto as Exhibit
"A" and fully made part hereof as if same were set forth at length.
3. The parties acknowledge and agree that this Stipulation is
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3. Partial CustodvlVisitation
The parties hereto agree that the mother, Dora V. Ginnan, shall have partial
custody/visitation rights including, but not limited to the following:
(a) Alternate weekends commencing Pridays at 5:00 p.m. until
Sundays at 5:00 p.m" with Apri119, 1996 to be Mother's partial custody
weekend.
(b) Por six weeks each summer (but no more than two weeks may
be consecutive).
(c) In 1996, and even numbered years thereafter, Pather shall have
partial custody on Memorial Day and Labor Day and Mother shall have partial custody on
the 4th of July; in 1997 and odd numbered years thereafter, Mother shall have custody of
the children on Memorial Day and Labor Day and Father shall have partial custody on the
4th of July.
(d) On Thanksgiving, Mother shall have the children in 1996 and
the even numbered years thereafter and Father shall have partial custody of the children
in 1997 and odd numbered years thereafter,
(e) At Christmas time, in 1996 and even numbered years thereafter,
Mother shall have the children from 5:00 p.m, December 24th through 5:00 p,m. December
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26th and Father shall have the children from 5:00 p.m, December 26th through 5:00 p,m.
December 29th, in 1997 and odd numbered years thereafter, Father shall have the children
from 5:00 p,m. December 24th through 5:00 p,m. December 26th and Mother shall have
the children from 5:00 p.m, December 26th through 5:00 p,m, December 29th.
(f) Whenever Mother is in the Williamsport area, she may have
partial custody of the children for a three hour period, provided she has given Father
twenty-four (24) hours notice.
(g) The parties shall share the transportation necessary to effectuate
this agreement.
4. Modification
After a period of one year from the date of this Agreement, and at the request
of the children of the parties, this Stipulation may be modified upon mutual agreement of
the parties or by either party filing a Petition to the appropriate court.
WITNESS:
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Dora V, Ginnan, Plaintiff
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Bernard W, Girman, r"Defendant
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DORA V, GIRMAN
Plaintiff
IN THE COURT OF COMMON PLEAS
LYCOMING COUN1Y, PENNSYLVANIA
vs,
NO, 93.20,954
BERNARD W, GlRMAN, JR.
Defendant
CML ACTION. LAW
IN DIVORCE, A.V,M,
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AND NOW, th;, ~ ~ ,'996, "PO"
consideration of the Stipulation of Consent executed between DORA V. GlRMAN, Plaintiff
and BERNARD W. GlRMAN, JR., Defendant, the original of which is attached hereto, the
same is hereby ORDERED, DIRECTED and APPROVED.
BY THE COURT,
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IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA
DORA V. (GIRMAN) DISTASIO,
Plaintiff
No. 93-20,954
Civil Action - Law
vs.
BERNARD W. GIRMAN,
Defendant
Custody/Visitation
ORDER
AND NOW, this 20th day of December 1996, after a
preliminary "'lstody conference, at which time both parties
were present and each of whom were represented by counsel, it
is hereby ORDERED AND DIRECTED as follows:
The Stipulated Agreement of the parties', which was
reduced to Order on April 9, 1996, shall be amended as
follows:
3(a), the time for the pick-up on Friday evenings for
the weekend physical custody of Mrs. Distasio shall be
changed from 5 p.m, to 7 p.m. on Fridays. The pick-up time
on Sunday shall be changed from 5 p.m. until 6 p.m,
For Christmas 1996, only, Mrs. Distasio shall have
physical custody of the children from this after, December
20, 1996, until 2:30 p.m, on Christmas day when Mr. Girman
shall pick up the children.
This matter shall be placed on the Custody Trial List with a
pre-trial conference scheduled for April 1. 1997. at 10:00
a.m. in courtroom 63.
Mrs, Distasio has requested psychological evaluations.
She shall be solely responsible for payment of the
psychological evaluation and testimony of the psychologist at
trial, Mr, Girman shall cooperate fully with the
psychologist in completing this psychological evaluation.
Mrs, Distasio has also requested home studies to be
done. It shall be her responsibility to contact the
Department of Children and Youth of Lycoming County who shall
be requested to contact the Children and Youth Services
covering the father's residence in Mechanicsburg to
,
IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA
I
DORA V. (GIRMAN) DISTASIO, No. 93-20,954
Plaintiff
Civil Action - Law
c'
vs.
BERNARD W. GIRMAN,
Defendant
Custody/Visitation
ORDER
AND NOW, this 20th day of December 1996, after a
preliminary custody conference, at which time both parties
were present and each of whom were represented by counsel, it
is hereby ORDERED AND DIRECTED as follows:
The Stipulated Agreement of the parties', which was
reduced to Order on April 9, 1996, shall be amended as
follows:
3(a), the time for the pick-up on Friday evenings for
the weekend physical custody of Mrs, Distasio shall be
changed from 5 p.m. to 7 p,m. on Fridays. The pick-up time
on Sunday shall be changed from 5 p.m. until 6 p,m.
For Christmas 1996, only, Mrs, Distasio shall have
physical custody of the children from this after, December
20, 1996, until 2:30 p,m. on Christmas day when Mr. Girman
shall pick up the children,
This matter shall be placed on the Custody Trial List with a
pre-trial conference scheduled for April 1. 1997. at 10:00
a.m. in courtroom #3.
Mrs. Distasio has requested psychological evaluations.
She shall be solely responsible for payment of the
psychological evaluation and testimony of the psychologist at
trial. Mr, Girman shall cooperate fully with the
psychologist in completing this psychological evaluation.
Mrs. Distasio has also requested home studies to be
done. It shall be her responsibility to contact the
Department of Children and Youth of Lycoming County who shall
be requested to contact the Children and Youth Services
covering the father's residence in Mechanicsburg to
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Lycoming 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.
BY THE COURT:
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Date:
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DORA V. GIRMAN,
Plaintiff\petitioner
IN THE COURT OF COMMON PLEAS
OF LYCOMING COUNTY
vs,
CIVIL ACTION LAW
IN DIVORCE, A.V.M.
BERNARD W. GIRMAN,
Defendant\Respondent
NO. 93-20, 954
RULE
AND NOW, this
day of October
, 1996, at
o'clock ___.M., upon consideration of the attached Petition, a Rule
is hereby granted upon BERNARD W. GIRMAN, to show cause why this
Court's existing Custody Order should not be modified or terminated
and an order entered granting primary physical custody of the
parties minor children to Petitioner, Dora V. Distasio.
RULE RETURNABLE on the
day of
1996, at
o'clock ___,M., in the
Court, Lycoming County
48 West Third Street, Williamsport, Pennsylvania.
BY THE COURT,
J.
true and correct copy of the Stipulation of Consent is attached
hereto as Exhibit "A".
6. On April 16, 1996, the Honorable Clinton Smith of this
Court entered an order ordering, directing and approving the
aforesaid Stipulation of Consent. A true and correct copy of Judge
Smith's Order is attached hereto as Exhibit "B".
7. Since the entry of said Order, there has been a
significant change in circumstances as more fully described below.
8. paragraph 3(a) of the aforesaid Stipulation of Consent
sets forth, in part, that Petitioner's visitation rights are to
occur on alternate weekends commencing Fridays at 5:00 P.M. until
Sunday at 5:00 P.M.
9, On or about August 23, 1996, petitioner learned for the
first time that Respondent had relocated himself and the parties
minor children from Fourth Street, Williamsport, Lycoming County,
Pennsylvania to 438 Pawnee Drive, Mechanicsburg, Cumberland County,
Pennsylvania, without prior notification to petitioner or leave of
Court,
10. As a result of Respondent'S relocation to Mechanicsburg,
petitioner has been unable to commence her visitation with her
children on alternate Fridays at 5:00 P.M., as set forth in the
aforesaid Stipulation of Consent.
11, More particularly, petitioner is currently employed with
Highland Manor Nursing and Convalescent Center, 750 schooley
Avenue, Exeter, Luzerne County, Pennsylvania where she works until
3: 30 P ,M, on Fridays and therefore, is unable to arrive in
Mechanicsburg at the previously agreed upon time.
12. On Friday, October 11, 1996 and various dates prior
thereto, Respondent, Bernard W. Girman willfully and with the
intent to vex, annoy and harass petitioner violated the aforesaid
Order by refusing to release the parties minor children to
Petitioner's custody for purposes of visitation in compliance with
the above Stipulation and Order. Said Respondent advising
petitioner and Officer James Mc Andrew of the Hampden Township
Police Department that he was not permitting the children to see
their mother because petitioner arrived one (1) hour late despite
the fact that Respondent'S relocation prevented a timely arrival.
A true and correct copy of the Hampden Township Service Call
Incident is attached hereto, made a part hereof and marked as
Exhibit "C".
13. At the aforesaid date, time and location, the parties
minor children became visibly upset and emotionally acting out as
a result of Respondent denying them he opportunity to have contact
with Petitioner, the children's natural mother.
14, Since the aforementioned incident, the parties minor
children have repeatedly expressed their desire to resume their
visitation with Petitioner.
15. Further, Respondent, as a general rule and particularly on
the days of visitation, has caused the parties minor children to be
poorly fed and attired so as to not only jeopardize the health and
welfare of the children, but also to interfere with Petitioner'S
rights of visitation.
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DORA V. GIRMAN
IN THE COURT OF COMMON PLEAS
LYCOMING COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 93-20,954
/
BERNARD W. GIRMAN, JR.
Defendant
CML ACTION - LAW
IN DIVORCE, A. V.M.
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AND NOW, this 'I !t. day of (\r.>~ \
. 1996, upon the Stipulation
and Agreement of the parties, the following Custody and Visitation Stipulation is hereby
entered into, which Stipulation supersedes all prior Agreements and Orders:
1. ~l Custodv
The parties shall have shared legal custody of their minor children: Elizabeth
Ann Girman, born December 10, 1985, Bernard W. Ginnan, born October 13, 1987 and
Titiana M. Ginnan, born February 5,1989.
2. Primary Phvsical Custodv
The parties hereto agree that the father, Bernard W. Ginnan, Jr., shall have
primary physical custody of the minor children.
EXHIBIT "A"
3. partial CustodvlVisitation
The parties hereto agree that the mother, Dora V. Girman, shall have partial
custody/visitation rights including, but not limited to the following:
(a) Alternate weekends commencing Fridays at 5:00 p.m. until
Sundays at 5:00 p.m., with Aprll19, 199~ to be Mother's partial custody
weekend.
(b) For six weeks each summer (but no more than two weeks may
be consecutive).
(c) In 1996, and even numbered years thereafter, Father shall have
partial custody on Memorial Day and Labor Day and Mother shaIl have partial custody on
the 4th of July; in 1997 and odd numbered years thereafter, Mother shall have custody of
the children on Memorial Day and Labor Day and Father shaIl have partial custody on the
4th of July.
Cd) On Thanksgiving, Mother shall have the children in 1996 and
the even numbered years thereafter and Father shall have partial custody of the children
in 1997 and odd numbered years thereafter.
(e) At Christmas time, in 1996 and even numbered years thereafter,
Mother shall have the children from 5:00 p.m. December 24th through 5:00 p.m. December
DORA V. GIRMAN,
IN THE COURT OF COMMON PLEAS
OF LYCOMING COUNTY
Plaintiff\petitioner
vs.
CIVIL ACTION LAW
IN DIVORCE, A. V .M. .
BERNARD W. GIRMAN,
Defendant\Respondent
NO. 93-20, 954
PETITION TO HAVE RESPONDENT HELD IN CONTEMPT FOR
FAILURE TO COMPLY WITH CUSTODY ORDER
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The petition of Dora V. Distasio, by and through her Attorney,
Mark W. Bufalino, Esquire, respectfully represents that:
1. Plaintiff\Petitioner is DORA V. DISTASIO, formerly Dora V.
Girman, who resides at 509 Luzerne Avenue, West Pittston, Luzerne
County, Pennsylvania.
2, Defendant\Respondent is BERNARD W. aIRMAN, who resides at
438 Pawnee Drive, Mechanicsburg, pennsylvania.
3. The parties were married under the laws of the
Commonwealth of Pennsylvania on August 23, 1986 and a Divorce
Decree was issued by this Court on October 19, 1993.
4. Three children were born of the marriage whose names and
birth dates are:
a. ELIZABETH ANN aIRMAN - 12/10/85
b. BERNARD W. aIRMAN - 10/13/87
c. TITIANA M. aIRMAN - 2/5/89
5, On April 19, 1996, petitioner and Respondent executed a
Stipulation of Consent which granted primary physical custody to
Respondent and partial custody and visitation to Petitioner. A
true and correct copy of the Stipulation of Consent is attached
hereto as Exhibit "A".
6. On April 16, 1996, the Honorable Clinton Smith of this
Court entered an order ordering, directing and approving the
aforesaid Stipulation of Consent, A true and correct copy of Judge
Smith's Order is attached hereto as Exhibit "B".
7. paragraph 3 (a) of the aforesaid Stipulation of Consent
sets forth, in part, that Petitioner's visitation rights are to
occur on alternate weekends commencing Fridays at 5:00 P.M. until
Sunday at 5:00 P.M.
8. On or about August 23, 1996, petitioner learned for the
first time that Respondent had relocated himself and the parties
minor children from Fourth Street, williamsport, Lycoming County,
Pennsylvania to 438 Pawnee Drive, Mechanicsburg, pennsylvania,
without prior notification to petitioner or leave of Court.
9. As a result of Respondent's relocation to Mechanicsburg,
petitioner has been unable to commence her visitation with her
children on alternate Fridays at 5:00 P.M., as set forth in the
aforesaid Stipulation of Consent.
10. More particularly, petitioner is currently employed with
Highland Manor Nursing and Convalescent Center, 750 Schooley
Avenue, Exeter, Luzerne County, Pennsylvania where she works until
3:30 P.M. on Fridays and therefore, is unable to arrive in
Mechanicsburg at the previously agreed upon time.
11 . On Friday, October 11, 1996 and various dates prior
thereto, Respondent, Bernard W. Girman willfully and with the
intent to vex, annoy and harass petitioner violated the aforesaid
Order by refusing to release the parties minor children to
Petitioner's custody for purposes of visitation in compliance with
the above Stipulation and Order,
Said Respondent advising
petitioner and Officer James Mc Andrew of the Hampden Township
Police Department that he was not permitting the children to see
their mother because petitioner arrived one (1) hour late despite
the fact that Respondent's relocation prevented a timely arrival.
A true and correct copy of the Hampden Township Service Call
Incident is attached hereto, made a part hereof and marked as
Exhibit "C".
WHEREFORE, petitioner respectfully prays this Honorable Court
to enter an Order holding Respondent in contempt of Court, require
Respondent to comply with said prior Order of Court, and order
Respondent to pay Petitioner's reasonable expenses, including
attorney's fees, for the preparation, filing and disposition of
this Petition,
Respectfully submitted,
~a{~tJ,i~
ATTORNEY FOR PLAINTIFF/PETITIONER
16 Luzerne Avenue
West Pittston, PA 18643
(717) 655-1441
ATTORNEY I.D. # 75894
3. Partial CustodvlVisitation
The parties hereto agree that the mother, Dora V. Girman, shall have partial
custody/visitation rights including, but not limited to the following:
(a) Alternate weekends commencing Fridays at 5:00 p.m. until
Sundays at 5:00 p.m., with Aprll19, 1996 to be Mother's partial custody
weekend.
(b) For six weeks each summer (but no more than two weeks may
be consecutive).
(c) In 1996, and even numbered years thereafter, Father shall have
partial custody on Memorial Day and Labor Day and Mother shall have partial custody on
the 4th of July; in 1997 and odd numbered years thereafter, Mother shall have custody of
the children on Memorial Day and Labor Day and Father shall have partial custody on the
4th of July.
Cd) On Thanksgiving, Mother shall have the children in 1996 and
the even numbered years thereafter and Father shall have partial custody of the children
in 1997 and odd numbered years thereafter.
(e) At Christmas time, in 1996 and even numbered years thereafter,
Mother shall have the children from 5:00 p.m. December 24th through 5:00 p.m. December
26th and Father shall have the children from 5:00 p.m. December 26th through 5:00 p.m.
December 29th, in 1997 and odd numbered years thereafter, Father shall have the children
from 5:00 p.m. December 24th through 5:00 p.m. December 26th and Mother shall have
the children from 5:00 p.m. December 26th through 5:00 p.m. December 29th.
(0 Whenever Mother is in the Williamsport area, she may have
partial custody of the children for a three hour period, provided she has given Father
twenty. four (24) hours notice.
(g) The parties shall share the transportation necessary to effectuate
this agreement.
4. Modification
After a period of one year from the date of this Agreement, and at the request
of the children of the parties, this Stipulation may be modified upon mutual agreement of
the parties or by either party filing a Petition to the appropriate court.
WITNESS:
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Dora V. Girman, Plaintiff
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Bernard W. Ginnan,'Jr.,Defendant
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. .
VERIFICATION
I, DORA V. DISTASIO, do hereby certify that the facts set
forth in the foregoing PETITION, are true and correct to the best
of my knowledge, information and belief. I understand that false
statements made herein are made subject to the penalties of 18 Pa.
C.S.A. ~ 4904 relating to unsworn falsifications to authorities.
~ C) I/lv~'<.~
DORA V. DISTASIO
Date:
10 /; Lj
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Lycoming Count Prothonotary's Office
Lycoming County Courthouse
October 23, 1996
Page -2-
f3 -vt-eJ) f9/
Lastly, in order to avoid future scheduling problems, please be
advised that due to prior Court commitments in Luzerne County, I
will be unavailable on the following dates: November 6 - 8, 14 and
und November 19. Your courtesy in this regard will be greatly
appreciated. It would also be greatly appreciated if you could call my
office to confirm receipt of same.
If you have any questions or comments regarding this mutter,
please do not hesitate to contact me at my office.
Thank you for your courtesy and cooperation.
Very truly yours,
?I(,./ft/ !Ih-
MARK W. BUFALlNO, ESQUIRE
MWB:kcr
Enclosure
VIA CERTIFIED MAIL
C.. vi--~
Lycoming Count Prothonotary's Office
Lycoming County Courthouse
October 23, 1996 , ID L
Puge-Z- ~^'1 f3-~,f::J/
Lastly, in order to avoffuture scheduling problems, please be
advised that due to prior Court commitments in Luzerne County, I
will be unavailable on the following dates: November 6 .8, 14 and
and November 19. Your courtesy in this regard will be greatly
appreciated. It would also be greatly appreciated if you could call my
office to confirm receipt of same.
If you have any questions or comments regarding this matter,
please do not hesitate to contact me at my office.
Thank you for your courtesy and cooperation.
Very truly yours,
?I(,./!f/ Ii~
MARK W. BUFALINO, ESQUIRE
MWB:kcr
Enclosure
VIA CERTIFIED MAIL
C._~~
.
DORA V. GIRMAN
Plaintiff
IN THE COURT OF COMMON PLEAS
LYCOMING COUNTY, PENNSYLVANIA
NO. 93-20,954 I
vs.
BERNARD W. GIRMAN, JR.
Defendant
CIVIL ACTION - LAW
r
PRAECIPE TO WITHDRAW PETITION FOR MODIFICATION
OF CUSTODY AND CONTEMPT OF COURT
TO THE PROTHONOTARY:
Petitioner, Bernard W. Girman, Jr., Defendant in the above-captioned,
hereby withdraws his Petition for Modification of Custody and Petition for Contempt of
Court filed on March 12, 1996.
Ud~
10 #07538
Attorney for Petitioner
:".1
--
, .
:
cc: Dora V. Girman
Family Court
Eileen Dgien, Court Scheduling
,
,
DORA V. GIRMAN
Plaintiff
IN THE COURT OF COMMON PLEAS
LYCOMING COUNTY, PENNSYLVANIA
NO. 93.20,954 I
CML ACTION - LAW
IN DIVORCE, A.V.M.
vs.
BERNARD W. GIRMAN, JR.
Defendant
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ORDER
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AND NDW, II';, *;.~ ~ ,1996, upo'
consideration of the Stipulation of Consent executed between DORA V. GIRMAN, Plaintiff
and BERNARD W. GIRMAN, JR., Defendant, the original of which is attached hereto, the
same is hereby ORDERED, DIRECTED and APPROVED,
BY THE COURT,
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CC~l\r Au,\\:, <I" I ,\ATOR
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DORA V. G1RMAN
Plaintiff
IN THE COURT OF COMMON PLEAS
LYCOMING COUNTY, PENNSYLVANIA
vs.
NO. 93-20,954
-.--
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CMLACTION - LAW ;.'.1
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IN DIVORCE, A.V.M. =
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BERNARD W. G1RMAN, JR.
Defendant
snPULATION OF CONSENT
AND NOW, this ~ day of -1\~. \
. 1996, upon the Stipulation
and Agreement of the parties, the following Custody and Visitation Stipulation is hereby
entered into, which Stipulation supersedes all prior Agreements and Orders:
1. Lel!al Custodv
The parties shall have shared legal custody of their minor children: Elizabeth
Ann Girman, born December 10, 1985, Bernard W. Girman, born October 13, 1987 and
Titiana M. Ginnan, born February 5, 1989.
2. Primary Phvsical Custodv
The parties hereto agree that the father, Bernard W. Girman, Jr., shall have
primary physical custody of the minor children.
3. Partial CustodvIVisitatioI}
The parties hereto agree that the mother, Dora V. Girman, shall have partial
custody/visitation rights including, but not limited to the following:
(a) Alternate weekends commencing Fridays at 5:00 p.m. until
Sundays at 5:00 p.m., with April 19, 1996 to be Mother's partial custody
weekend.
(b) For six weeks each summer (but no more than two weeks may
be consecutive).
(c) In 1996, and even numbered years thereafter, Father shall have
partial custody on Memorial Day and Labor Day and Mother shall have partial custody on
the 4th of July; in 1997 and odd numbered years thereafter, Mother shall have custody of
the children on Memorial Day and Labor Day and Father shall have partial custody on the
4th of July.
(d) On Thanksgiving, Mother shall have the children in 1996 and
the even numbered years thereafter and Father shall have partial custody of the children
in 1997 and odd numbered years thereafter.
(e) At Christmas time, in 1996 and even numbered years thereafter,
Mother shall have the children from 5:00 p.m. December 24th through 5:00 p.m. December
26th and Father shall have the children from 5:00 p.m. December 26th through 5:00 p.m.
December 29th, in 1997 and odd numbered years thereafter, Father shall have the children
from 5:00 p,m. December 24th through 5:00 p.m. December 26th and Mother shall have
the children from 5:00 p.m. December 26th through 5:00 p,m. December 29th.
(0 Whenever Mother is in the Williamsport area, she may have
partial custody of the children for a three hour period, provided she has given Father
twenty.four (24) hours notice.
(g) The parties shall share the transportation necessary to effectuate
this agreement.
4. Modification
After a period of one year from the date of this Agreement, and at the request
of the children of the parties, this Stipulation may be modified upon mutual agreement of
the parties or by either party filing a Petition to the appropriate court.
WITNESS:
:Jr.:c/vJ JJ-;;i;;~
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Dora v. Girman, Plaintiff
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the defcndant in the above-captioned case; a true and ccrti[ic~ C~~.
of the ~~GP.JU~Ti6-n/ l(lt:' - Villc-!~, '
by h<::-:di!'ig tJ:,e E;:;nc to /J1,:::"";; f}<< I f) J" ~ IU<' r {)_::/J tl. //l),." J;..,4-~..J
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duly enuor::;cd \,.'i th notic~ to the Dcfer.:iant to appear on:
D:!y: fhll R,sJ A-y___
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Dol/A \/, NleJ'{o-l)IS'f1\$IO.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
LYCOMING COUNTY. PENNSYLVANIA
vs.
CIVIL ACTION - LAW
CUSTODY
NO. '13-20 I q 5'''1
RE~NARO W. 6Il:H1A\-l ,Joe..
Defendant
PETITION FOR MODIFICATION OF EXISTING ORDER
TO THE HONORABLE. THE JUDGES OF SAID COURT:
1.
The Plaintiff is DORA. V. AR&JIo- [)\$-m~IO
. whose
address is ,1)/)'1 LtllER.-.JE Av€rJve., wk-r PnTs'Jl)N J PA. 18~tj3
2, The Defendant is i3E'RNMC> W. GIRMAN. J2,
,
whose address is 8zS" M~ AvF:/\lI/~ 1,,JIUIP\M:<fb&::Tj PA 1770 \
3, The panirs are the parents of:
Name: ~LI~e-n-\ A, 4j"MAN
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Name: 1/l.TlANA. "^, GIRlVlA-N
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Name: BI"RNAR~ W, G;iRMA-N 'III: Born:
Name:
Born:
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4,
The existing Order of Coun is dated
t:l9.oG;-7S'
, a copy of
which is attached.
5. Modification of the existing Court Order is necessary because since its entry
there has been a substantial change in circumstances in that TH;"RlO- IS Fl(dS"'N'E
vIOLfJe€... ,,./ 1J-If. Pl.Nf\T/~'5' HoME.. PlAlvTlpl-=,s ,'" CefJl€t<\(>r of
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CUSTODY MEDIATION AGREEMENT
Re: Dora V. Girman vs. Bernard W. Girman, Jr.
No: 93-20,954
Dora and Bernard Girman were referred for Custody
Resolution Counseling on April 19, 1995 by Gerald M, McClain,
Family Court Hearing Officer for Lycoming County. At issue
was the continued care and welfare of their three children:
Elizabeth A., DOB 12/10/85 age - 9, Bernard W., DOB 10/13/87
age - 7 and Tatiana M., DOB 2/05/89 age - 6. The parents
have now completed seven Mediation sessions and have arrived
at a consensus regarding the children's care. The following
agreement seeks to supplement and modify their Original Order
of 1992 as later modified in December of 1993. The issues
listed below seek to enhance parental cooperation with
schedules and patterns of shared custody already in
existence.
1. Regarding Clothes Purchases -
The parents have agreed that it is thoughtful and
helpful that Father contribute to his children's care by
purchasing clothes for them from time-to-time,
especially when he finds them "on sale" during his
travels. They further agree that Mother will refund him
on a dol1ar-for-dollar basis of up to $200 for each
child for school in the Fall, to be spent by August 1st
of each year, and of up to $150 per child for the Summer
to be spent by March 1st of each year. He will be
responsible for his own expenditures in this regard
above these ceilings and, of course, he needs to
coordinate such costs carefully with Mother to see that
he does not unduly create a financial hardship for her.
2, Regarding school and social activities -
Bernard and Dora agree that each child will be
encouraged and allowed to participate in at least one
organized extracurricular school, social, church or
sporting activity. Father has indicated his desire to
attend such events when they fall on his weekends
whenever possible.
3, Regarding access to television or movie viewing -
Both parents agree to monitor and screen all video
watching by the kids to minimize their exposure to
violent and/or sexual content,
1
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'.'
.. ,,'
"
IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA
DORA V. GIRMAN,
Plaintiff,
:
: CIVIL ACTION - LAW
:
: NO. 93-20,954
:
: IN DIVORCE
: CUSTODY/VISITATION
VS.
BERNARD W. GIRMAN, JR.,
Defendant.
ORDER
AND NOW, this 9th day of March, 1994, after a
Custody/Visitation Conference attended by Defendant and his
Counsel, Plaintiff having failed to appear although notified of
the Conference and also having indicated to Defendant that she
would not appear, it is hereby ORDERED and DIRECTED as follows:
The previous Order in this matter dated October 19,
1993, a Divorce Decree approving the Property Settlement
Agreement of November 25, 1992, which Agreement contains a
provision regarding custody of the parties I three minor
children, shall be modified to provide for the following partial
custody for Father:
I. Alternating weekends, from Friday at 5:00 P.M.
through Sunday at 5:00 P.M.
2. For six weeks each summer (but no more than two
weeks may be consecutive) .
3. In 1994, and even-numbered years thereafter,
~
Father shall have partial custody on Memorial Day and Labor Day
and Mother shall have partial custody on the Fourth of July; in
1995 and odd-numbered years thereafter, Mother shall have
custody of the children on Memorial Day and Labor Day and Father
shall have partial custody on the Fourth of July.
4. On Thanksgiving, Mother shall have the children
in 1994 and even-numbered years thereafter and Father shall have
partial custody of the children in 1995 and odd-numbered years
thereafter.
RE: Girman VB. Girman
NO: 93-20,954 In Divorce - Custody/Visitation
2.
5. At Christmas time, in 1994 and even-numbered
years thereafter, Mother shall have the children from 5:00 P.M.
December 24th through 5:00 P.M. December 26th and Father shall
have the children from 5:00 P.M. December 26th through 5:00 P.M.
December 29th. In 1995 and odd-numbered years thereafter,
Father shall have the children from 5:00 P.M. December 24th
through 5:00 P.M. December 26th and Mother shall have the
children from 5:00 P.M. December 26th through 5:00 P.M. December
29th.
6. Whenever Father is in the pittston area, he may
have partial custody of the children for a three-hour period,
provided he has given Mother twenty-four (24) hours notice.
The previous Order shall also be supplemented to
provide that the parties shall have shared legal custody, that
the parties shall share transportation, and that Mother shall
not relocate the residence of the children outside the state
of Pennsylvania without Father's agreement or prior Court
approval.
Except as modified or supplemented herein, the Order
of October 19, 1993, shall continue in full force and effect.
As Heard by the Family Court Hearing Officer
;:fJ1G..~ C, LJ'"'-Fr~
Stacy A..: Griggs, Esqu /Master
APPROVED ~~tHE COURT,
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DATE:
CC: Family Court File (2)
Dora V. Girman
62 Williams Street
Pittston, PA 18640
Richard Callahan, Esquire
(SAG/dmdl
, ,
-.DO~A of. A'Ui.o'1'o-~I~TA~IU.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: LYCOMING COUNTY. PENNSYLVANIA
vs.
: NO. '1~'2.o I '1S'~
: CIVIL ACTION - LAW
: CUSTODYIVISITATION
--
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BERNAAO Vol. G,RN\~ f j~
Defendant
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NOTICE AND ORDER TO APPEAR
..."
Legal proceedings have been brought against you alleging you have willfully -.:
disobeyed an Order of Coun for custody or visitation,
,,,
L'-,
If you wish to defend against the claims set fonh in the following pages. you may,
but are not required. to file in wriling with the Coun your defenses or objections.
Whether or not you file objections or defenses in writing with the Coun. you must
appear in person in Coun on the ~ day of . 199~ at
I r iJ1J 0'c10C~ ,M.. in Counroom No, . Lycoming County Counhouse.
Williamspon. Pennsylvania,
IF YOU DO :'>10T APPEAR IN PERSON. TIlE COURT ~IAY ISSl'E A WARRANT FOR YOUR ARREST.
If lhe Court finds lhal you have wdlfully failed to comply wilh ilS Order for cuslody or visiulion, you may be
founLllo be in contempt of CQun and commined 10 jail. fined. or
bod!.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFlCE SET FORTH . C7\
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~1~ (T ': -;,., 7; ~ Th)
!J\~~'" 'J i..~U1J
Ornce of the L~'comlng Count)' Court Administrator Susquehanna Legal Servl
L~'comlng Count)' Courthouse 329 ~Iarket Street ~A.tl 12 \'rlO
48 West Third Street WIJilamsport. PA 17701 '
Wllllnmsport, PA 17701 (717) 323-8741
(717) 327-2330
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COURT AD,\\INi::.rMTOR
BY TilE COURT,
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AMERICANS WITII D1SABlLlTIES
ACT OF 1990
The Court of Common Pleas of Lycoming County is required by law 10 comply wuh lhe Americans Whh Disabilities
Act of 1990. For information aboul acc~ssible tacllities and rCJsonable accommodations available to disabled
individuals ha\ling business before lhe coun, please contact the Coun Administrator's OlfKt. telephone number
(717) 327,2330, All arungemenlS muSl be made alleast 72 hours prior 10 any hearing or bu,ine" before lhe court,
,/et:: r
WHEREFORE. Petitioner requests lhal 'DoRA 1/. ARRO-fO. t;)\'5TASlo be:
held in .:onlempt of Court.
I verify that the stalements made in this Pelition For Contempt are trUe and correct. I
understand that false statements herein are made subject to the penalties of IS Pa. ~4904
relating to unsworn falsification to authorities.
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Date: O~./3- 9 II
.
CUSTODY MEDIATION AGREEMENT
Re: Dora V. Girman vs. Bernard W. Girman, Jr.
No: 93-20,954
Dora and Bernard Girman were referred for Custody
Resolution Counseling on April 19, 1995 by Gerald M. McClain,
Family Court Hearing Officer for Lycoming County. At issue
was the continued care and welfare of their three children:
Elizabeth A., DOB 12/10/85 age - 9, Bernard W., DOB 10/13/87
age - 7 and Tatiana M., DOB 2/05/89 age - 6. The parents
have now completed seven Mediation sessions and have arrived
at a consensus regarding the children's care. The following
agreement seeks to supplement and modify their Original Order
of 1992 as later modified in December of 1993. The issues
listed below seek to enhance parental cooperation with
schedules and patterns of shared custody already in
existence.
I. Regarding Clothes Purchases -
The parents have agreed that it is thoughtful and
helpful that Father contribute to his children's care by
purchasing clothes for them from time-to-time,
especially when he finds them "on sale" during his
travels. They further agree that Mother will refund him
on a dollar-for-dollar basis of up to $200 for each
child for school in the Fall, to be spent by August lst
of each year, and of up to $150 per child for the Summer
to be spent by March 1st of each year. He will be
responsible for his own expenditures in this regard
above these ceilings and, of course, he needs to
coordinate such costs carefully with Mother to see that
he does not unduly create a financial hardship for her.
2. Regarding school and social activities -
Ber.1ard and Dora agree that each child will be
encouraged and allowed to participate in at least one
organized extracurricular school, social, church or
sporting activity. Father has indicated his desire to
attend such events when they fall on his weekends
whenever possible.
3, Regarding access to television or movie viewing -
Both parents agree to monitor and screen all video
watching by the kids to minimize their exposure to
violent and/or sexual content.
1
,
4. Regarding dental visits -
Mother agrees to take the children to a dentist at
least every six months for a check-up and treatment
as necessary. The parents agree to split evenly the
cost of dental care not covered under Father's
insurance.
5. Regarding alcohol or drug usage -
Neither parent will abuse alcohol or use illicit drugs
shortly before or during the time in which the children
are in their physical custody.
6. Regarding corporal punishment -
Dora and Bernard agree that their mates may correct the
children, but all corporal punishment should be
administered by a natural parent. They further agree,
at the Mediator's suggestion, to keep such discipline
methods to a minimum and to rely more on rewards, time-
out and restriction of privileges.
7. Regarding transportation -
The parents agree that they are jointly responsible for
all transportation. Occasionally this will require
flexibility due to unforeseen events such as mechanical
breakdown. Overall, though, they will strive to keep
their vehicles in good working order so that they may
participate fully in their parenting agreement by safely
driving the children back or forth between their homes.
8. Regarding communication -
Dora and Bernard realize, or at least were instructed
by this mediator, that issues similar to and including
the above topics are best dealt with by open, direct
and positive communication between them.
DL If k1u~~, !J/lJ!a:u:v
Dora~ V. Girman u!.s"
~<i?~an~~.
9- f.,-9S--
Date
LaRue R. Montanye, D.Ed.
Custody Mediator
2
CUSTODY MEDIATION AGREEMENT
Re: Dora V. Girman vs. Bernard W. Girman, Jr.
No: 93-20,954
/
Dora and Bernard Girman were referred for Custody
Resolution Counseling on April 19, 1995 by Gerald M. McClain,
Family Court Hearing Officer for Lycoming County. At issue
was the continued care and welfare of their three children:
Elizabeth A., DOB 12/10/85 age - 9, Bernard W., DOB 10/13/87
age - 7 and Tatiana M., DOB 2/05/89 age - 6. The parents
have now completed seven Mediation sessions and have arrived
at a consensus regarding the children's care. The following
agreement seeks to supplement and modify their Original Order
of 1992 as later modified in December of 1993, The issues
listed below seek to enhance parental cooperation with
schedules and patterns of shared custody already in
existence.
1, Regarding Clothes Purchases -
The parents have agreed that it is thoughtful and
helpful that Father contribute to his children's care by
purchasing clothes for them from time-to-time,
especially when he finds them "on sale" during his
travels. They further agree that Mother will refund him
on a dollar-for-dollar basis of up to $200 for each
child for school in the Fall, to be spent by August 1st
of each year, and of up to $150 per child for the Summer
to be spent by March 1st of each year. He will be
responsible for his own expenditures in this regard
above these ceilings and, of course, he needs to
coordinate such costs carefully with Mother to see that
he does not unduly create a financial hardship for her.
2. Regarding school and social activities -
Bernard and Dora agree that each child will be
encouraged and allowed to participate in at least one
organized extracurricular school, social, church or
sporting activity. Father has indicated his desire to
attend such events when they fall on his weekends
whenever possible.
3. Regarding access to television or movie viewing ~:;::_" ~~
.."
Both parents agree to monitor and screen all video c.
watching by the kids to minimize their exposure to
violent and/or sexual content. (
,
L
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4. Regarding dental visits -
Mother agrees to take the children to a dentist at
least every six months for a Check-up and treatment
as necessary. The parents agree to split evenly the
cost of dental care not covered under Father's
insurance.
5. Regarding alcohol or drug usage -
Neither parent will abuse alcohol or use illicit drugs
shortly before or during the time in which the children
are in their physical custody.
6. Regarding corporal punishment -
Dora and Bernard agree that their mates may correct the
children, but all corporal punishment should be
administered by a natural parent. They further agree,
at the Mediator's suggestion, to keep such discipline
methods to a minimum and to rely more on rewards, time-
out and restriction of privileges.
7. Regarding transportation -
The parents agree that they are jointly responsible for
all transportation. Occasionally this will require
flexibility due to unforeseen events such as mechanical
breakdown. Overall, though, they will strive to keep
their vehicles in good working order so that they may
participate fully in their parenting agreement by safely
driving the children back or forth between their homes.
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Dora' V. Girman V [.s ,
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-Bernar kman, Jr.
8. Regarding communication -
Dora and Bernard realize, or at least were instructed
by this mediator, that issues similar to and including
the above topics are best dealt with by open, direct
and positive communication between them.
9- {p-9~
Date
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LaRue ~. Montanye". .
Custody Mediator-
2
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IN TIlE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA
DORA V. GillMAN, CIVIL ACTION - LAW
Plaint I ff
NO. 93-20,954 /
VS. IN CUSTODY /
BERNAIlD W. GIRMAN, JR. , CUSTODY/VISITATION
Defendant
Q R!L IlR
AND NOW this 19th day of April, 1995, after a
custody/visitation conference held pursuant to Defendant's praecipe
filed March 16, 1995, the following Is Indicated to be In support
of the within Order.
The last Order entered was March 9, 1994, which was a
modification of an Agreement of November 25,1992 and Order of
October 19, 1993. There are (3) children. Elizabeth (12-10-85),
Bernard (10-13-87) and Tatlana (2-5-89). Both parties are seeking
primary custody of the children.
For the foregoing considerations, It Is ORDERED and
DIRECTED as follows.
The parties are hereby referred to the Lycomlng County
Mediation Program. For the benefit of the Mediator, the Mother
resides at 509 Luzerne Ave., West Pillston, Pa. 18643 and can be
reached by phone at 883-0118; the Father resides at 825 Moore Ave.,
Wmpt., Pa. and can be reached by phone at 321-7949. The part ies
are directed to contribute to the costs of Mediation on a sliding
fee scale basis to be established at their first session. The
parties have been given a first appointment for June h 1995 J!.!.
9,30 .l!...:.A.:..
Pre-trial Is hereby scheduled for Seotember ~ 1995 J!.!.
1.30 12..:..!!..:.. ill Courtroom !i!1...:.. 1 .
Pending the outcome of Mediation or further Order, the
current Order of March 9, 1994 will continue in effect.
Custody pre-trial memoranda must be completed and
presented to the Court by both parties at the time of the pre-trial
conference.
AS
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IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA
DORA V. GIHMAN,
Plaintiff,
CIVIL ACTION - r.y
NO. 93-20,954/
:
VS,
.
.
BERNARD W. GIHMAN, JR.,
. Defendant.
: IN DIVORCE
: CUSTODY/VISITATION
lu
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ORDER
~ ,
~ AND NOW, th~s 9th day of March, 1994, after a
<:>
~ Custody/Visitation Conference attended by Defendant and his
Counsel, Plaintiff having failed to appear although notified of
the Conference and also having indicated to Defendant that she
would not appear, it is hereby ORDERED and DIRECTED as follows:
The previous Order in this matter dated October 19,
1993, a Divorce Decree approving the Property Settlement
Agreement of November 25, 1992, which Agreement contains a
provision regarding custody of the parties' three minor
children, shall be modified to provide for the following partial
custody for Father:
1. Alternating weekends, from Friday at 5:00 P.M.
through Sunday at 5:00 P.M.
2. For six weeks each summer (but no more than two
weeks may be consecutive).
3. In 1994 and even-numbered years thereafter,
Father shall have partial custody on Memorial Day and Labor Day
and Mother shall have partial custody on the Fourth of July; in
1995 and odd-numbered years thereafter, Mother shall have
custody of the children on Memorial Day and Labor Day and Father
shall have parti~l custody on the Fourth of July.
4. On Thanksgiving, Mother shall have the children
in 1994 and even-numbered years thereafter and Father shall have
partial custody of the children in 1995 and odd-numbered years
thereafter.
HE: Girman vs. Girman
NO: 93-20,954 In Divorce - Custody/Visitation
2.
5. lit Christmas time, in 1994 and even-numbered
years thereafter, Mother shall have the children from 5:00 P.M.
December 24th through 5: 00 P.M. December 26th and Father shall
have the children from 5:00 P.M. December 26th through 5:00 P.M.
December 29th. In 1995 and odd-numbered years thereafter,
Father shall have the children from 5: 00 P.M. December 24th
through 5:00 P.M. December 26th and Mother shall have the
children from 5:00 P.M. December 26th through 5:00 P.M. December
29th.
6. Whenever Father is in the Pittston area, he may
have partial custody of the children for a three-hour period,
provided he has given Mother twenty-four (24) hours notice.
The previous Order shall also be supplemented to
provide that the parties shall have shared legal custody, that
the parties shall share transportation, and that Mother shall
not relocate the residence of the children outside the state
of Pennsylvania without Father's agreement or prior Court
approval.
Except as modified or supplemented herein, the Order
of October 19, 1993, shall continue in full force and effect.
As Heard by the Family Court Hearing Officer
,---5 I~, ", (,. }j " ", )_~
Stacy A. Griggs, Esquir~/Master
APPROVED BY THE COURT,
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DATE: ,,)" ; ,I
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(J)
CC~Family Court File (2)
Dora V. Girman
~62 Williams street
Pittston, PA 18640
ichard Callahan, Esquire
(SAG/dmd)
DORA V. GIRMAN,
Plaintiff/Respondent
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IN THE COURT OF COMMON PLEAS S:'
OF LYCOMING COUNTY ~
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NO. 93-20,954 . ~
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CIVIL ACTION LAW I"'fl'. "'"
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?Coc' l.r
BERNARD W. GIRMAN, JR.,
Defendant/Petitioner
COMPLAINT FOR CUSTODY/VISITATION
I. Petitioner is BERNARD W. GIRMAN, JR. who currently resides at
825 Moore Avenue, Williamsport, Lycoming County, Pennsylvania.
2. Respondent is DORA V. GIRMAN who currently resides at 62 William
Street, Apartment #4, Pittston, Luzerne County, Pennsylvania.
3. Petitioner and Respondent are the natural parents of Elizabeth
Ann Girman, born December 10, 1985; 8ernard W. Girman, born October 13,
1987; and Tatiana Marie Girman, born February 5, 1989.
4. Petitioner and Respondent are former husband and wife having
been granted a divorce on October 19, 1993 entered to the above term
and number.
5. Pursuant to a Separation and Property Settlement Agreement,
a copy of which is attached hereto, entered into between the parties,
Wife was granted primary physical custody of the minor children subject
to Father's visitation privileges. Since the date of the Separation
and Property Settlement Agreement, the parties have not been able to
agree on a visitation schedule.
6. The best interests and permanent welfare of the children would
be served by granting primary custody of the children with the father,
BERNARD W. GIRMAN, Petitioner herein.
I verify that the statements made herein arc true and
. "l'I'eet. I understand that false statements herein are made
,hjC'ct to the penalties of 18 Pa. C.S. Sec. 4904, relating to
III1SI~Orl1 falsi fication to authori ties.
/__C~
Plaint if , endant
IJ,\TED: December 17 , 1993
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SEPARATION AND
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this
d :r'fl1day of IVOvemhey- ,
1992,
BY AND BETWEEN
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BERNARD vI. GIRMAN, JR. of the City of Williamsport, County of
Lycoming and Commonwealth of Pennsylvania, hereinafter called
"HUSBAND" ,
1 -AND-
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I DORA V. GIRMAN of the City of Williamsport, County of Lycoming and
Cor.u:lonwealth of Pennsylvania, hereinafter called "WIFE".
,
, WIT N E SSE T H
WHEREAS, the parties were married under the laws of the
C~",",onwealth of Pennsylvania on the 23rd day of August, 1986; and
WHEREAS, there were three (3) children born of this marriage,
i. e. Elizabeth Ann Girman, born December 10, 1985; Bernard W.
Girman, born October 13, 1987; and Tatiana Marie Girman, born
,
I February 5, 19d9; and
WHEREAS, the parties have separated and all matters, including
I
I
custody, support, visitation and mutual property rights have been
resolved by the parties; and
WHEREAS, the parties hereto desire to enter into an agreement
relative to these matters.
CASALI[. _ONNER ,",C.' ATTORNEYS. COUNSILl.ORS AT LAW -12' MARKCT STREET. WILLIAMSP'ORT, po.... U701
NOW, THEREFORE, in consideration of One dollar ($1.00) in hand
paid each to the other, receipt of which is hereby acknowledged,
and in further consideration of the mutual promises and agreements
set forth herein, the parties do agree as follows:
1.
SEPARATION.
It shall be lawful for each party at all
times hereafter to live separate and apart from the other, at such
place or places as he or she may from time to time choose or deem
~ ~~., and each party shall be free from interference, authority,
--_.,~t and control, direct or indirect, by the other as fully as
H he or she were single and unmarried, except as may be necessary
:..~ ..:arry' out the provisions of this Agreement.
Neither shall
m~lest the other nor compel or endeavor to compel the other to
cohabit or dwell with him or her.
2. PHYSICAL CUSTODY. Husband and Wife agree that Wife shall
have primary physical custody of the minor children born of this
',I"
marriage, with partial physical custody for Husband at such times
as the parties agree. Both parties have the right to petition the
Court to modify this custody if problems arise. Further, it is
acknowledged that Wife and children are moving to Puerto Rico in
the very near future to be with Wife's family. Husband does not
"
oppose this move by Wife and the children.
"
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Ii Co\!AL[ .. RONNER ~,C.' ATTORNEYS A COU"'SU.LORS AT LAW. 11. MARkET IT"IlIl:T.WILLIA"'S~ORT. "A. "701
"
.
DORA V. GIRMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
LYCOMING COUNTY, PENNSYLVANIA
V.
NO. 93-20,954
BERNARD W. GIRMAN, JR.,
Defendant
CIVIL ACTION - LAW
WAIVER OF TEN-DAY WAITING PERIOD
OF LYCOMING COUNTY R.C.P. L1920.42A
AND NOW, comes Bernard W. Girman, Jr., who waives the ten-day
period allowed by Lycoming County Rule of Civil Procedure L1920.42A
for the filing of objections to the entry of a divorce decree and
states that no such objections will be filed. The Prothonotary is
requested to transmit the record in the above-captioned case to the
Court for immediate action thereon.
DATE:
10 ,/V' g
or his her
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CASALI: a BONNIE" P Co ATTORNr:....S a COU"'~t LLOHS AT LAW HIl MAfUq t STHEt:T. Io'oIl_t.IAM~ponT "A. 0101
DORA V. GIRMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
LYCOMING COUNTY, PENNSYLVANIA
/
VS.
CASE NO. 93-20,954
BERNARD W. GIRMAN, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE, A.V.M.
DECREE
AND NOW, this
I o/lf--(f}C-/~
, 1993, it is
ORDERED and DECREED that Dora V. Girman, Plaintiff, and Bernard W.
Girman, Jr., Defendant, are divorced from the bonds of matrimony.
The Court approves the attached agreement or stipulation
entered into by the parties merging into the Decree any provision
for child support and incorporating all other provisions.
BY THE COURT,
~CJ L~
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NOTE: To be used in all cases where an agreement or stipulation is
submitted unless the agreement or stipulation specifically provides
otherwise.
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DORA V. GIRMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
LYCOMING COUNTY, PENNSYLVANIA
VS.
CASE NO. 93-20,954 ~
CIVIL ACTION - LAW
IN DIVORCE, A.V.M.
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BERNARD W. GIRMAN, JR.,
Defendant
PRAECIPE TO TRANSMIT RECORD
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TO THE PROTHONOTARY:
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information,
Transmit the record, together with the following
to the Court for entry of a divorce decree:
:i 1. Ground for divorce: Irretrievable breakdown under Section
3301(c) of the Divorce Code.
I
2. Date and manner of service of complaint:
service bv Defendant dated November 25. 1992.
Acceptance of
3. Complete either paragraph (a) or (b):
,
,
,
(a) Date of execution of the Affidavit of Consent
required by section 3301(c) of the Divorce Code:
By Plaintiff: October 15, 1993
By Defendant: October 14. 1993
(b) (I) Date of execution of Plaintiff's affidavit
required by Section 3301 (d) of the Divorce Code:
(2) Date of service of Plaintiff's affidavit upon
Defendant:
(3) Date and manner of service of the Notice of
Intention to file Praecipe to Transmit Record,
a copy of which is attached:
4. Related claims pending: None, written aqreement attached.
(If claims resolved by written agreement, so indicate, and attach
a copy if to be entered along with the Decree.)
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5. The administrative fee of $75.00 has been paid or the
has granted leave to proceed In ~rma Pauperis.
~
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---
- ----
/ es D. ale, Esquire, I.D. #34841
Attorney for Plaintiff
329 Market Street
Williamsport, PA 17701
(717) 326-7044
October 15, 1993
CAS....l.E & 80NNlEn pc. ...TTOUNI:......!o 1'10 COUt-<<'IILO"... AT LAW 11' M....n.....T STRIEI T.WILLI....M~f-'OffT PA 11'0'
I DORA V. GIRMAN,
,I Plaintiff
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II
Ii BERNARD W. GIRMAN, JR.,
I! Defendant
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IN THE COURT OF COMMON PLEAS OF
LYCOMING COUNTY, PENNSYLVANIA
./
CASE NO. 93-20,954
CIVIL ACTION - LAW
IN DIVORCE, A.V.M.
NOTICE
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I! A Praecipe to Transmit Record has been filed requesting the
I .
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,
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If you have not filed a claim for alimony, division of
property, lawyer's fees or expenses before a divorce is granted,
,
'I you will lose the right to claim any of them.
If the claim for divorce in this case is based upon a two (2)
year separation and irretrievable breakdown, a failure to file a
:i
Counteraffidavit will be considered to be consent to the entry of
a decree before other related claims are resolved.
If the claim for divorce in this case is based upon
irretrievable breakdown and mutual consent, your signing an
affidavit of consent will be considered to be consent to the entry
i' of a divorce decree before other related claims are resolved.
,
II Unless exceptions objecting to the entry of decree are filed
:1 within ten (10) days from the date the Praecipe to Transmit Record
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:1 is filed, the proposed Decree will be entere .
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CASALIE . BONNIER f' C ATTORNEYS l\ COUNSl LlOHS AT LAW J.n MARKlE1 STRt:t:T. W1LLIAMSPORT. PA, 1110t
DORA V. GIRMAN.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
LYCOMING COUNTY. PENNSYLVANIA
/
93-20.954
vs.
CASE NO.
BERNARD W. GIRMAN. JR..
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 201(c) of the Divorce
Code was filed on July 7. 1993
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony,
division of property. lawyer's fees or expenses if I do not claim them before
a divorce is granted.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities.
DATE: October 15, 1993
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CAS.......!:. eONNI;" ".C.' ATTORNEVS 6 COUN$I!:LLORS AT LAW '12' MAAKI:T STAl:lET. WILLIAMS,"OAT, ...... 1710'
DORA V. GIRMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
LYCOMING COUNTY, PENNSYLVANIA
./
v.
NO. 93-20,954
BERNARD W. GIRMAN, JR.,
Defendant
CIVIL ACTION .. LAW
IN DIVORCE, A.V.M.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on July 7, 1993.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904, relating to
I unsworn falsification to authorities.
DATE:
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BERNARD w.~, JR.
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CASALt. BONNEJI PC "'TTOHNf"~ tlo COutj',f I LOllS AT 1 A '1/1I . J2q MAlflo(f:T ST HEI. T. WILI,I"MSl'Olfl,~'" 1110\
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SEPARATION AND
PROPERTY SETTLEMENT AGREEMENT
c.
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THIS AGREEMENT made this
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1992,
BY AND BETWEEN
BERNARD W. GIRMAN, JR. of the City of Williamsport, County of
Lycoming and Commonwealth of Pennsylvania, hereinafter called
"HUSBAND",
- AND -
DORA V. GIRMAN of the City of Williamsport, County of Lycoming and
Commonwealth of Pennsylvania, hereinafter called "WIFE".
WIT N E SSE T H
WHEREAS, the parties were married under the laws of the
Commonwealth of Pennsylvania on the 23rd day of August, 1986; and
WHEREAS, there were three (3) children born of this marriage,
i. e. Elizabeth Ann Girman, born December 10, 1985; Bernard W.
Girman, born October 13, 1987; and Tatiana Marie Girman, born
February 5, 1989; and
WHEREAS, the parties have separated and all matters, including
custody, support, visitation and mutual property rights have been
resolved by the parties; and
WHEREAS, the parties hereto desire to enter into an agreement
relative to these matters.
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I CA~AL(. '" aONNLn r (- ATTonNI. Y" 110 1 (lilt.'., II t)H......1 LA,^ Jl'l MAHMLT STHfLT. ....ILL1AM..PuUT. f'A 111U1
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NOW, THEREFORE, in consideration of One dollar ($1.00) in hand
paid each to the other, receipt of which is hereby acknowledged,
and in further consideration of the mutual promises and agreements
set forth herein, the parties do agree as follows:
1.
SEPARATION.
It shall be lawful for each party at all
times hereafter to live separate and apart from the other, at such
place or places as he or she may from time to time choose or deem
fit, and each party shall be free from interference, authority,
contact and control, direct or indirect, by the other as fully as
if he or she were single and unmarried, except as may be necessary
to carry out the provisions of this Agreement.
Neither shall
molest the other nor compel or endeavor to compel the other to
cohabit or dwell with him or her.
2. PHYSICAL CUSTODY. Husband and Wife agree that Wife shall
have primary physical custody of the minor children born of this
marriage, with partial physical custody for Husband at such times
as the parties agree. Both parties have the right to petition the
Court to modify this custody if problems arise. Further, it is
acknowledged that Wife and children are moving to Puerto Rico in
the very near future to be with Wife's family. Husband does not
oppose this move by Wife and the children.
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CASALt: ftr BONNLH f'T ATTOIfNI YS A COliN',! L\.-OUS. AT LAW, J2!f MARKET STJH:f:T. WILLlAMC,PORT."Al t1101
automobile and further agrees to indemnify, save and hold Wife
harmless from any nonpayment or default of the same by Husband.
9. ESTATE CLAIM WAIVED. Notwithstanding anything herein to
the contrary, Husband and Wife agree that each party waives,
releases and relinquishes any right that he or she may now have or
may hereafter acquire as the other party's spouse under the present
or future laws of any jurisdiction.
10.
MODIFICATION AND WAIVER OF TERMS.
No modification or
waiver of any of the terms hereof shall be valid unless in writing
and signed by both parties or unless the same is changed by further
Order of Court. No waiver of any breach or default hereunder shall
be deemed a waiver of any subsequent breach or default of the same
or similar nature.
11. JURISDICTION. This Agreement shall be governed by the
laws of the Commonwealth of Pennsylvania.
12.
ACKNOWLEDGMENT OF LEGAL COUNSEL.
The parties
respectively acknowledge that each has had the advantage to obtain
independent legal advice by counsel of his or her own selection;
and that each party is fully satisfied that they fully understand
the facts and have been adequately informed as to his or her legal
rights and obligations and that having had such advice and being
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C......AL[ '" hONN!" ".c Al'OUNIV'j; II. I'llll"'''' llOIl"i At LAW 11" MAII"'.T ST"[l~T 'WILlIAM"iPOHT PA 1110'
satisfied therewith and with such knowledge each of them is signing
the same freely and voluntarily.
13. ACKNOWLEDGMENT OF AWARENESS OF ALL CIRCUMSTANCES
SURROUNDING PROPERTY RIGHTS. The parties respectively acknowledge
that each has full and adequate knowledge and has obtained full
disclosures of the property owned by the parties hereto,
individually and jointly, and of the obligations of each of them
either individually or jointly, and that they are agreeing to the
division of property as set forth in this Agreement, with full
knowledge and understanding of the actual values that they are
receiving.
14. DEFAULT. Husband and Wife agree that if either party
fails in the due performance of any of their obligations hereunder,
the injured party shall have the right to sue for damages for a
breach hereof, or such other legal remedies as may be available to
them, including reasonable attorney's fees.
15.
BINDING AGREEMENT.
The terms and provisions of the
within Agreement shall extend to and be binding upon the parties,
their heirs, executors, administrators and assigns.
16. FEDERAL INCOME TAX RETURN AND EXEMPTION. The parties
hereto warrant that each has and shall continue to file separate
income tax returns.
The parties agree the federal income tax
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~"'5.AL(AIlONNllfl'~ ATTOIHHV~."'COU~~<,lILOJ/<.ATLAW )1'MAI/"'I:TSTHl:t:f.WILLIAM">"Of<l "'... 'lllJ'
19.
INTENDED TAX RESULT AND INDEMNIFICATION.
By this
Agreement, the parties have intended to effectuate and by this
Agreement have fairly divided their marital property. The parties
have determined that such fair division conforms to a right and
just standard with regard to the rights of each party. The
division of existing marital property is not, except as may be
otherwise expressly provided herein, intended by the parties to
constitute in any way a sale or exchange of assets and the division
is being effected without the introduction of outside funds or
other property not constituting a part of the marital estate. As
a part of the fair division of the marital properties and the
marital settlement herein contained, the parties agree to save and
hold each other harmless from all income taxes assessed against the
other resulting from the division of the property as herein
provided.
20.
AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS.
This
Agreement shall not be considered to affect or bar the right of
wife or Husband to a limited or absolute divorce on lawful grounds
if such grounds now exist or shall hereafter exist or to such
defense as may be available to either party. This Agreement is not
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I intended to condone and shall not be deemed to be a condonation on
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the other party which have occasioned the disputes or unhappy
differences which have occurred prior to or which may occur
subsequent to the date hereof.
The parties intend to secure a
mutual consent, nO-fault divorce pursuant to the terms of Section
JJ01(C) of the Divorce Code of 1980.
21. EFFECT OF DIVORCE DECREE. The parties agree that unless
otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final decree
in divorce may be entered with respect to the parties.
22.
AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE.
The
parties agree that the terms of this Agreement shall be
incorporated into any divorce decree which may be entered with
respect to them and the Court of Common Pleas of any appropriate
jurisdiction shall enforce this Agreement through the Court I s
contempt powers. The parties hereto acknowledge that enforcement
will be by way of contempt for breach of any provisions of this
Agreement.
2J. DATE OF EXECUTION. The "date of execution" or "execution
date" of this Agreement shall be defined as the date upon which it
is executed by the parties if they have each executed the Agreement
on the same date. otherwise, the "date of execution" or "execution
9
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date" of this Agreement shall be defined as the date of execution
by the party last executing this Agreement.
24.
DISTRIBUTION DATE.
The transfer of property, funds
and/or documents provided for herein shall only take place on the
"distribution date" which shall be defined as the date of execution
of this Agreement unless otherwise specified herein.
25. MUTUAL RELEASES. Except as otherwise set forth in this
Agreement, Husband and Wife each do hereby mutually remise,
release, quitClaim and forever discharge the other and the estate
of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interests, or
claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of
such other, of whatever nature and wheresoever situate, which he or
she now has or at any time hereafter may have against such other,
the estate of such other ur any part thereof, whether arising out
of any former acts, contracts, engagements or liabilities of such
other or by way of dower or curtesy, or claims in the nature of
dower or curtesy or widow's or widower's rights, family exemption
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or similar allowance, or under the intestate laws, or the right to
take against the spouse's will; or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a
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CASALI:: 110 DONNLH J>.c. ATTOUNE:VS 1\ COUN'~Il.Lons AT LAW' H<J MAHHf_T STHE:ET. WILLIAM!:>J>(JHl, PA 11701
.
surviving spouse to participate in a deceased spouse I s estate,
whether arising under the laws or (a) Pennsylvania, (b) any state,
commonwealth or territory or the United states, of (c) any other
country, or any rights which either party may have or at any time
hereafter have for past, present or future support or maintenance,
alimony,
alimony
pendente
lite,
counsel
fees,
equitable
distribution, costs or expenses, whether arising as a result of the
marital relation or otherwise, except, and only except, all rights
and agreements and obligatione or whatsoever nature arising or
which may arise under this Agreement or for the breach of any
provision thereor. It is the intention of Husband and Wife to give
to each other by the execution or this Agreement a full, complete
and general release with reopect to any and all property of any
kind or nature, real, peroonal or mixed, which the other now owns
or may hereafter acquire, except and only except all rights and
agreements and obligationo or whatsoever nature arising or Which
may arise under this Agreement or for the breach of any provision
thereof.
26. ADDITIONAL INSTRUMENTS. Each of the parties shall, from
time to time, at the request or the other, execute, acknowledge and
deliver to the other party any and all further instruments that may
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reasonably be required to give full force and effect to the
provisions of this Agreement.
27. PARTIAL INVALIDITY. If any provision of this Agreement
is held by a court of competent jurisdiction to be invalid, void
and unenforceable,
etc. ,
the remaining provisions shall,
nevertheless, continue in full force and effect without being
impaired or invalidated in any way.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals to the two counterparts of this Agreement, each of
which shall constitute an original, the day and year first above
written.
WITNESS:
xi hCU/;))G
. \J1t IJ/t IJ)U
;y, IIJ~V
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~ ~ -<:<-- (SEAL)
. BERNAR . IRMAN, .JR.
~a..- u., ~~EAL)
'DORA V. GIRMAN
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C"~ALL A DONNl:n P.c. AlTOHNf"VS ^ COil""';" l.t_oHS AT LAW 329 MARKET STREET. WILLlAMOSPouf. PA 17101
IN THE COURT OF Cm~lON PLEAS OF LYCOMrNG COUNTY, PENNSYLVANIA
Dora V. Girman
Plaintiff(s)
vs.
NO.
93-20954
Bernard W. Girman, Jr.
Defendant(s)
TO:
( ) Plaintiff(s)
( ) Defendant(s)
You are hereby notified that on the
19 ~ ' judgment has been entered
19th
day of
October
against you in the above captioned matter.
Entry of judgment by:
r ( ) Bail Judgment ( ) Master Fee Costs
QCX; Decree in Divorce ( ) Promissory Note
( ) Default Judgment ( ) Support Arrears Judgment
( ) District Justice Judgment ( ) Suretyship Agreement
BY:
11 )I.~IW- 17S etA '~
William J. Bur&; Prothonotary
ORIG: JAMES D. CASALE, ESQ.
CC: BERNARD W. GIRMAN, JR.
, ,
, .
DORA V. GIRMAN,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
LYCOMING COUNTY, PENNSYLVANIA
//
NO. '13- ;;;ocr-sy
BERNARD W. GIRMAN, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE, A.V.M.
ACCEPTANCE OF SERVICE
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II BERNARD W. GIRMAN, JR., being duly sworn according to law, does depose
II
!: and say that he has received a true and correct copy of the Divorce Complaint
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;1 in said matter the 25th day of November, 1992.
"
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;BERNARD W. I ,JR.
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i SWORN TO AND SUBSCRIBED BEFORE ME
if, -,---
DAY OF \.JLL1.-L~
THIS
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CAS""Ll l\ nONN' ,. r,( "tfl'IINI Y',", ("'l',,"',1 I 11111" 41 LAo.... 12'1 .........U...t.I 'OTHFl.T. WILLIAM'!i.PCJflT ,.... 1"(11
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FILEr:
LYr.OIlI~': :'C~I~; ~
JUL 7 4 15 PH '93
DORA V. GIRMAN ('
liILi.i/.:1 ~. In::L:,
PROTH. &. CLERK
Plaintiff
IN THE COURT OF COMMON PLEAS
OF LYCOMING COUNTY, PENNA.
vs.
/'
NO.
98
BERNARD W. GIRMAN, JR.,
Defendant
/
20954
CIVIL ACTION - LAW
IN DIVORCE, A. V. M.
NOTICE TO DEFEND AND CLAIM RIGHTS
TO: BERNARD W. GIRMAN, JR., Defendant
1510 Almond Street
Williamsport, PA 17701
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, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at the Lycoming County Courthouse,
will iamsport , Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ONE OF
THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
PROTHONOTARY
Lycoming County Courthouse
Williamsport, PA 17701
Telephone: 717-327-2251
SUSQUEHANNA LEGAL SERVICES
416 pine Street
Williamsport, PA 17701
Telephone: 717-323-8741
CASALE & BONNER, P. C.
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J es D. Casale, I.D.#34841
/Attorney for Plaintiff
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PA 111111 ('J I
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COUNT IV
ALIMONY
16. Paragraphs I through 6 are incorporated herein by
reference.
17. The Plaintiff lacks sufficient property, including, but
not limited to, the property distributed pursuant to Count III of
the Complaint, to provide for Plaintiff's reasonable needs and is
unable to support herself through appropriate employment.
18. Therefore, Plaintiff requests this Court to determine the
nature, amount, duration and manner of payment of alimony pursuant
to Section 3701 of the Divorce Code of 1980, as amended.
COUNT V
ALIMONY PENDENTE LITE. REASONABLE
ATTORNEY'S FEES AND COSTS OF SUIT
19. Paragraphs 1 through 6 are incorporated herein by
reference.
20. Plaintiff is without funds to support herself and to meet
the costs and expenses of this litigation and is unable to maintain
herself during the pendency of this action.
21. As a result of the foregoing, Plaintiff requests this
Court to issue an Order awarding her alimony pendente lite and
directing the Defendant to pay Plaintiff's counsel fees and costs.
3
CASALr,. nONNt:1I J',C . ""TOUNt v<; ^ (011"',1 l.l.UU5 AT LAW I"" MAtlMt"r ">THel.T. Vo-ILIIAM'iI'Oltl, PA 17101
COUNT VI
CHILD CUSTODY
22. Paragraphs 1 through 6 are incorporated herein by
reference.
23. The parties during their marriage had three (3) children.
Their names and dates of birth are: Elizabeth Ann Girman, born
December 10, 19B5; Bernard w. Girman, III, born October 13, 19B7;
and Tatiana Marie, born February 5, 19B9.
24. Plaintiff requests this Court to award her primary
custody of the children born of this marriage and to determine the
nature and extent of Defendant's custodial and visitation rights
with the minor children.
COUNT VII
CHILD SUPPORT
25. Paragraphs I through 6 are incorporated herein by
reference.
26. The Plaintiff lacks sufficient property, including, but
not limited to, the property distributed pursuant to Counts III and
IV of the Complaint, to provide for the minor children's reasonable
needs and is unable to support the minor children through
appropriate employment.
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CASALE tIo 80NNl.II ".C. ATTUHNr,vs l\ rou".'" t 1.0HS AT LAW H9 ""AUHFT STltl:lT. WILL-IA....<;,.{)'~T PI< "111t
27. WHEREFORE, Plaintiff requests this Court to determine the
nature, amount and manner of payment of child support pursuant to
the laws of the Commonwealth of Pennsylvania.
WHEREFORE, Plaintiff requests this Honorable Court to:
A. Enter an order dissolving the marriage between
the two parties:
B. Enter an order equitably distributing the
marital property of the parties:
C. Enter an order awarding the Plaintiff permanent
alimony in the amount, nature and duration as this Court
determines just and reasonable:
D. Enter an order directing the Defendant to pay
the Plaintiff alimony pendente lite during the pendency
of this suit and to pay the Plaintiff's counsel fees and
costs of suit;
E. Enter an order directing primary custody of the
parties' minor children to be with Plaintiff and
reasonable visitation with the Defendant: and
F. Enter an order directing the Defendant to pay
the Plaintiff child support in the amount and nature as
this Court determines just and reasonable.
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OORA V. LUYSTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND /..' PENNSYLVANIA
.
vs. NO. 97-3373 CIVIL TERM
NO. 99-6503
.
.
BERNARD W. GIRMAN, JR., . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
aIDER OF CXXJRT
~
AND tD>l, this 11 day of
consideration of the attached Custody
and directed as follows:
, 1999, upon
Conciliation Report, it is ordered
~
1. Pending further Order of Court or agreement of the parties, the
prior Custody Order entered by the Lycoming County Court on January 27,
1997 shall continue in effect.
2. The Father agrees to submit himself (and any other family members
deemed necessary by the evaluator) to a custody evaluation initiated by the
Mother, who shall be responsible for the costs thereof. The purpose of the
custody evaluation shall be to obtain independent professional
recommendations concerning custody arrangements which will serve the
Children's best interests.
.:;.'
3. upon canpletion of the custody evaluation a'1d in the event the
parties are not at that time able to reach an agreement as to all
outstanding custody issues, counsel for either party may contact the
Conciliator to schedule an additional Custody conciliation Conference.
J.
cc:
Keith O. Brenneman, Esquire - Counsel for Mother , " , l
('...-bu, ..... (7-"''-~'
John H. Broujos, Esquire - Counsel for Father - ~ if -
1:1./ 131r;'1.
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OOM V. LUYSTER, : IN THE COURT OF CXJMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. : NO. 97-3373 CIVIL TERM
NO. 99-6503
.
.
BERNARD W. GIRMAN, JR., . CIVIL ACTION - LAW
.
Defendant : IN CUSTODY
CUS'lOOY <X:NCILIATI~ &MIARY REPCRr
IN Acxx:RDANCE WITII Cll'IBERLAND cxuny RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
I. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENl'LY IN CUS'lOOY OF
Elizabeth Girman
Bernard Girman
Tatiana Girman
December 10, 1985
October 13, 1987
February 5, 1989
Father
Father
Father
2. A Conciliation Conference was held on December 8, 1999, with the
following individuals in attendance: The Mother, Dora V. Luyster, with her
counsel, Keith O. Brenneman, Esquire, and the Father, Bernard W. Girman,
Jr., with his counsel, John H. Broujos, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
4. Procedurally it should be noted that this action was originally
ccmnenced in 1993 in Lycoming County. By Order of Court dated April 2,
1997, the Lycoming Court declined to exercise jurisdiction as juriSdiction
was determined to be in Cumberland County. Accordingly, the file was
transferred to the Prothonotary of CUmberland County and the matter was
docketed to No. 97-3373. Unaware of the transfer of the Lycoming matter to
CUmberland County, Plaintiff's counsel filed the Mother's Request for
Modification of the existing Order as a new case which has been docketed to
No. 99-6503. This Report and proposed Order are therefore captioned under
both docket numbers to avoid misfiling.
-
(jp ('<!.--./>.),(J/l
Date
rC"m-,J~
Dawn S. Sunday, Esquire
Custody Conciliator
f? I 17?
I
DORA V. LUYSTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 99-
BERNARD W. GIRMAN, JR.,
Defendant
CUSTODY ACTION - CUSTODY
COMPLAINT FOR CUSTODY OF MINOR CHILDREN
AND NOW, the plaintiff, Dora V. Luyster, by her attorneys,
Snelbaker, Brenneman & Spare, P. C., hereby avers the following:
1. Plaintiff DORA V. LUYSTER is an adult individual
residing at R. R. 4, Box 4196, Moscow, Pennsylvania 18444.
2. Defendant BERNARD W. GIRMAN, JR., is an adult individual
residing at 438 Pawnee Drive, Mechanicsburg, Pennsylvania, 17055.
3. Plaintiff seeks custody of the following children:
NAME PRESENT RESIDENCE AGE
Elizabeth Girman 438 Pawnee Drive 13
Mechanicsburg, PA 17055
Bernard W. Girman 438 Pawnee Drive 12
Mechanicsburg, PA 17055
Tatiana Girman 438 Pawnee Drive 10
Mechanicsburg, PA 17055
The children above named were born in wedlock.
The children above named are presently in the custody of
Defendant at his residence as indicated in Paragraph 2, above.
LAW O,"IClS
SNELBAKER,
BRENNEMAN
8: SPARE
4. During the last five (5) years, the children resided
7. Plaintiff has participated as a party in other
litigation that involved custody of the parties' children in
Lycoming County.
plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth.
Plaintiff does not know of a person not a party to
these proceedings who has physical custody of the children or
claims to have custody or visitation rights with respect to the
children.
8. The best interest and permanent welfare of the children
will be served by granting primary physical custody to Plaintiff
because Plaintiff has and can provide a clean, safe and
emotionally stable home and environment for the children and it
is the children's preference to live with their mother in a
structured environment which Plaintiff can provide.
9. Each parent whose parental rights to the children have
not been terminated and the person who has physical custody of
the children have been named as parties to this action. All
other persons, named below, who are known to have or claim a
right to custody or visitation of the children will be given
notice of the pendency of this action and the right to intervene:
None.
Vow Of'ICllI
SN!LBAI(!R,
BRENNBIAN
6: SPARE
WHEREFORE, Plaintiff Dora V. Luyster requests this Court to
-)-
VERIFICATION
I verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. 54904 relating
to unsworn falsification to authorities.
~u.i
Dora 'Ii. Luy"
Date: October 26, 1999
,
L.AW O'I'IClS
SNELBAKER.
BRENNE'-tAN
8: SPARE
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OOM Y. LUYSTER, . IN THE CXlURT OF cn1MON PLEAS OF
.
Plaintiff . CUMBERLAND CCXJNT'i, PENNSYLVANIA
.
.
.
VS. : NO. 97-3373 CIVIL TERM
NO. 99-6503
:
BERNARD W. GIRMAN, JR., CIVIL ACTION - LAW
Defendant : IN CUSTODY
CRDffi OF cx:uR1'
AND tol, this J.~~
consideration of the attached
and directed as follows:
day of ~
CUstody Conciliation
, 2000, upon
Report, it is ordered
1. All prior Orders are vacated and replaced with this Order.
2. The Mother, Dora V. Luyster, and the Father, Bernard W. Girman,
Jr., shall have shared legal custody of Elizabeth Girman, born Decerrber 10,
1985, Bernard Girman, born October 13, 1987, and Tatiana Girman, born
February 5, 1989. Each parent shall have an equal right, to be exercised
jointly with the other parent, to make all major non-emergency decisions
affecting the O1ildren's general well-being including, but not limited to,
all decisions regarding their health, education and religion.
3. The parties shall have lX1ysical custody of the Children as
follows:
A. For the remainder of the 2000-2001 school year, the Father
shall have primary physical custody of the Children. The
Mother shall have partial lX1ysical custody of the Children on
the second, fourth, and fifth (if any) weekends of each month
from Friday at 8:00 p.m. through Sunday at 6:00 p.m.
B. Beginning in 2001 and continuing thereafter, during the summer
school vacation, the parties shall alternate having custody of
all three Children on a biweekly basis with the exchange of
custody to take place on alternating Fridays at 8:00 p.m. The
summer custody schedule shall begin on the first Friday after
termination of the school year and the school year custody
schedule shall resume on the last Friday of the summer school
break. The parties shall designate by agreement the party who
shall have the first biweekly period of custody during the
summer break each year in such a manner as to ensure that the
Father has custody of the Children during Boy Scout camp.
C. Beginning with the COl1illE!ncement of the school year in
2001-2002, the Mother shall have primary lX1ysical custody of
Elizabeth during the school year and the Father shall have
primary lX1ysical custody of Bernard and Tatiana during the
school year. The parties shall continue having partial
custody of all three Children together on weekends as set
forth in subparagraph A of this provision. The transfer of
primary physical custody of Elizabeth for the school year is
dependent upon the condition that John Luyster, the Mother's
adult step-son, is not residing in the Mother's residence.
4. The parties shall share or alternate having custody of the
Children on holidays as follows:
A. CIlRIS'l'MAS: The Christmas holiday shall be divided into
Segment A, which shall run from December 24 at 5:00 p.m.
through December 26 at 5:00 p.m., and Segment B, which shall
run from December 26 at 5:00 p.m. through December 29 at 5:00
p.m. The Mother shall have custody of the Children during
Segment A in even numbered years and during Segment B in odd
numbered years. The Father shall have custody of the O1ildren
during Segment A in odd numbered years and during Segment B in
even numbered years. In 2000, the Mother's period of custody
shall run from Friday, December 22 at 8:00 p.m. through
December 26 at 5:00 p.m.
B. TIIANKSGIVING: The Mother shall have custody of the Children
on Thanksgiving in even numbered years and the Father shall
have custody of the Children on Thanksgiving in odd numbered
years.
C. HEMCIUAL DAY/JULY 4m/LAllCR DAY: In even numbered years, the
Father shall have custody of the Children on Memorial Day and
Labor Day and the Mother shall have custody on July 4th. In
odd numbered years, the Mother shall have custody of the
Children on Memorial Day and Labar Day and the Father shall
have custody on July 4th.
D. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. Unless otherwise agreed between the parties, all exchanges of
custody under this Order shall take place at the McDonalds restaurant in
Frackville.
6. At all times, but particularly when primary custody of the
Children is divided between the parties, the non-custodial parent shall
make every reasonable effort to participate in and be involved in the
Children's school and extra-curricular activities.
7. Each party shall provide notice to the other party of any
disciplinary problema, medical problems, and any social or academic issues
involving the O1ild or Children in his or her custody. The parties
acknowledge the importance of Sharing information pertaining to the
Children.
8. The parties shall engage in a course of joint counseling with a
professional selected by agreement of the parties. The purpose of the
OORA Y. LUYSTER,
Plaintiff
: IN THE CXlURT OF cn1MON PLEAS OF
CUMBERLAND CCXJNT'i, PENNSYLVANIA
vs.
: NO. 97-3373 CIVIL TERM
NO. 99-6503
BERNARD W. GIRMAN, JR.,
Defendant
.
.
CIVIL ACTION - LAW
IN CUSTODY
:
PRIm JUDGE: Edward E. Glide
CUS'lWY <XN:ILIATICN SlHWlY REPCRl'
IN ACXXElANCE WITH aJoIBERLAND cnmy RULE OF CIVIL PID 'K1.JRE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the O1ildren who are the
subjects of this litigation is as follows:
NAME
DATE OF BIRTH
CURRFNl'Ly IN CUS'lWY OF
Elizabeth Girman
Bernard Girman
Tatiana Girman
December 10, 1985
October 13, 1987
February 5, 1989
Father
Father
Father
2. A Conciliation Conference was held on December 14, 2000, with the
following individuals in attendance: The Mother, Dora V. Luyster, with her
counsel, Keith o. Brenneman, Esquire, and the Father, Bernard W. Girman,
Jr., with his counsel, John H. Broujos, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
r-'
I
.IL,
"'''L_
Il- U. .,l..h{ I / '{ ,k" (,
Date
/ -';{t
Dawn S. Sunday, Esqulr
Custody Conciliator