HomeMy WebLinkAbout99-06503
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Aug-02-02 02:22P Snalbaker. Brenneman & S 717-697-7681
SNELBAKER, BRENNEMAN & SPARE, P.C.
A Prolesstonal Curpuration
Attorneys at Law
P.O. Box 318
44 W. Main Street
Mechanicsburg PA 17055
(717)697.8528
Richard C. Snelbaker
Keith O. Brenneman
Philip H. Spare
Fax No. (717) 697-7681
FACSIMILE COVER LETTER
DATE: August 2, 2002
TO: Sandy -Judge Guido's chambers 240-6462
FROM: Keith O. Brenneman
Number of Pages including cover letter: I
Hard copy to follow: No
COMMENTS: Luyster v. Girman No. 99-6503 (Custody)
Sandy: I write to advise you that the above custody matter has been
resolved by agreement of the parties. Today I delivered to Judge Guido
through the Court Administrator's office a motion that has been agreed to by
Attorney Sheely. There is therefore no need for the custody hearing that is
scheduled for Monday August 5 at 9:30 a.m. in front of Judge Guido. Please
let me know if you have any questions.
Keith
P.O1
cc: Andrew C. Sheely, Esquire 697-7065
ANDREW C. SIIlELY
Teleplaroe: (717) 047-7050
NITORNIN AT AW
I27 South Al If W .s'timt
R0. liar (Jr.
\l+lrmielln0g, 1'auuylrnni., 17056
July 11, 2002
Honorable Edward E. Guido
1 Courthouse Square
Fourth Floor
Carlisle, PA 17013
RE: Luyster v. Girman
99.6503 Custody
Dear Judge Guido:
I!., x: 17171097.7005
Enclosed please find a sealed envelope which I obtained from Dr. Altaker's
office earlier today. Dr. Altaker is the treating physician/psychiatrist for Mr. Girman.
This information is being provided to you in accordance with an agreement
reached with Keith Brenneman, Esquire, during a conference call with you earlier this
week.
A copy of this letter is being directed to Attorney Brenneman so that he is aware
that this Information has been forwarded to the Court for your consideration in an
upcoming custody case.
Very my you
ANDREW C, SHEELY
ACS/awm
Enclosure
c: Keith W. Brenneman, Esquire
Bernard Girman
L
J U L fi12002 Jllt 1 1 inn? i
PRACTICE UMffED m GENERAL PSYCHIATRY W APPOINTMENT
Lawrence L. Altaker, M.D., RAY A.
1013 Mumma Road, Suite 203
Wormleysburg, Pennsylvania 17043-1144
Telephone: (717) 761-6147 Fax: (717) 731-8712
/ 73- Q oneent f oYlri
bo •SY?'f
'S, P,?.AQd !./. GrCMA,v, J.0 hereby authorize
LAWRENCE L. ALTAKE%IWD
to release to{ m: AAJA$e S/IeF G N
The Information which may be released Is limited to [please check one or more]:
O Clinical summary
O History and physical examination
O Psychological testing results
O Hospital discharge summary(les) of my hospitalization(s) of
g Other [please specify]
? ? ?i iI ?( 1? ? W f Lin IuA AAA
These records am required for further evaluation and treatment. This consent is effective from
and will continue for a period of one calendar year from this date.
All Informadon released will be handled confidentially, In compliance with the Federal Privacy Act
[PL 92-282] and the Pennsylvania Mental Health Procedures Act. I understand that my
agreement to obtain or release Information Is necessary, Is limited for the purposes and to the
person(s) listed above, and extends through the period Indicated above. I understand I may
withdraw my penmisslon at any dme by a written statement. I understand I may ask to see the
infonnadon which is to be sent.
(y vc.? 7t! n - 719 Patient Witness
anent or tsaran patents under age 14
Date
Date of authorization:
INITIAL EVALUATION
BERNARD GIRMAN
0CF0DER 1, 2001
The patient is a 37-year-old married male who was seen individually and then, for a brief period
of time, with his wife, who came late for the appointment.
The relevant history is that he has been seeing Dr. Paul Brcttschneider for close to two years,
who follows him for medications and apparently doesn't spend a great deal of time with him He
is here because he says he is still having significant periods when he is down. He's functioning,
but the motivation isn't there, as he describes it. He, more or less, added that his wife was more
interested in him seeing someone else than he is and more concerned about things than he is. He
indicates that there have been periods of time, which have lasted as much as a couple of weeks
and have been present for 8-9 years, when he becomes grumpy and irritable and feels down.
During these periods of time, there have been fights between he turd Iris wife where he, at least
up until he started seeing Dr. Brettschneider, might throw things. It wasn't until after a fight
around the time of New Year's 2000 that he had an episode where his wife left him briefly. He
then went to his primary care practitioner who put him on some medications and sent them both
to a counselor at Mazzotti and Sullivan, who he only saw for a few times. It wasn't clear from
the history whether or not he had much of an interaction with him. He also sent him to
Dr. Brettschneider, who has been following him for medication management since then. He sees
Dr. Brettschneider about once every three months. He said Dr. Brettschncider kept him on the
Trazodone for awhile, which he doesn't take and hasn't taken for about six months, and raised
the Wellbutrin SR that he was originally given from 300 mg daily to 400 mg daily. He describes
no problems with sleep lately, although initially there was. There are occasional suicidal
thoughts, which he describes of a fleeting nature, and when his wife was present in the interview,
he indicated that, within the last month, he had said he ought to "blow his brains out" when they
were in the midst of having an argument. He said that his wife's concern with the situation was
that she doesn't see any significant change in his moods since he's been on the medications,
although she acknowledges that the anger has, perhaps, been somewhat less, and, perhaps, sonic
of the periods are not as severe. He said that, at one point, he did let Dr. Brettschneider know of
his unhappiness and his wife's interest in joining them for a meeting, but Dr. Brettschneider
more or less discouraged this. The wife talked about the patient never being happy, no matter
what, and being out of touch with her and the children. She commented that if he smiles, it's a
big deal, and she acknowledged that his outbursts are not as severe as they used to be. She's
worried that ho will hurt himself, and obviously, also worried that he will leave her. It was clear
from seeing the both of them that she was more expressive, more resilient and tough, and this is
the way that he described it, and that he has always had a very strong need to please.
The background history reveals that he was raised in the Pittston, Pennsylvania, area, the oldest
of five, with his youngest sister being 25. His parents are both living. His father is a retired
State policeman who is 64. His mother is 57 and is a housewife. She may have had sonic
emotional problems at one point after the loss of a parent and after a traumatic incident where
she was robbed. A sister, too, may have had some emotional problems as a result ofa loss ofa
friend, but there are no ongoing problems within the family. }le said things were normal and
good growing up. He played golf and was in a band. lie appeared to be active and did well in
Bernard Girman Page 2 October 1, 2001
school. He said he lost his grandparents early when he was in the age range of 6-9. He was
closest to his maternal grandmother. After graduation from high school, he attended
Pennsylvania State University at Scranton for one semester, and he says that he wanted to go
away from home rather than continue to live at home. He joined the Navy and remained in the
Navy for six years. He was a corpman and, ultimately, worked as a cardio-pulmonary tech,
which, once he got out of the Service, led him to work in hospitals in Wilkes-Barre and
Williamsport in the oath labs. He ultimately, more recently, took ajob with Medtronic and does
sales and service with Medtronic at the present time. He's been married twice. He married the
first time while he was in the Navy, and he says that the individual that he married wanted to
party, whereas he wanted to grow up. They had three children, currently 12, 14, and 15. The
marriage lasted for seven years. They divorced in 1992. After she initially had custody of the
children, they ultimately came to him, and the two youngest live with him at the present time.
He says that there have been ongoing custody issues. He's been married for eight years and
indicates that there arc some troubles in the marriage. He indicated he had an aff'a'ir, and there
was a separation as a result of that in 1998. He said that he became involved with someone who
was paying attention to him. His wife doesn't work. There is a 14-year-old child from her prior
marriage, and one jointly by them who is currently seven.
The only surgery he's had was his tonsils when he was five or six.
Impression:
Axis 1: Bipolar II Disorder; rule out Major Depressive Disorder, recurrent,
moderate; Marital Turmoil
Axis II: Personality Disorder NOS (provisional) with passive and avoidant features
Axis III: None
Axis IV: Marital difficulties
Axis V: GAF of 65
I indicated to both he and his wife that I would be inclined to a two-pronged approach, the first
being adding Lithium to the current regimen if this is, indeed, Bipolar Disorder. I also indicated
a need for individual psychotherapy and/or couples therapy because there seem to be some
marital issues, and there seem to be differences in their styles, which may account for some of
the difficulties and the things he may be reacting to, particularly difficulties dealing with his
expressive wife. She indicated at one point when I was reviewing this with them that she felt
that there was something chemical going on inasmuch as he could wake up in the rooming and
be irritable without anything having occurred.
I told them that I would be happy to see him but that he needed to talk with Dr. Brettschneider
and discuss the situation with him, and then determine what he wanted to do.
1
Lawrence L. Altakqr,-MD, FAPAkh
J _
Proeress Note:
N Mr.
Observations: Narrative:
General Appearance `? rt4 q^wVT `l f
Psychomotor Stale:
Movenlents/Posture: Q? u cG P ?U-7
General Interactions and Affect:
Mood
Speech Ly S cl?i n^ k
111mughl Pnxxsscs: • c? l1 ^' c'l it `r,L? -omel 14"
nzcnciauonc: I COit ?? /t r? •? r?l
Thoughl Conlenl: V .r
Gl..l?j c
Perceptions:
?
( n?c!! ?C ?' Lam' b Q k
( I,.
ludgmcot/Insight: r
Orientation:
, .-i r• C c Gv--
??, ?? ,
Mcmoq•:
,
1
.cL?4.ceJt" an.vtr c1l-• ? L? i 1?r1
Attention Span/Concenlration:
Language/Naming: µ,,,p C_ 1"Il/,r, CLa
I ?
Fund of Information:
Pian-
• Medicalions- e, L ?F• (?
1
• Other-
q
;on ;gnaturc ex ap .
It(,,sj,t t:t'^"(A Itfit/aI rr.....I (, ?Ip,N O i ?wct< t u(&4.t cM AT wt' 44
Proeress Note:
Observations: Narrative:
General Appearance: 00,!
Psychomotor State:
Movements/Posture: ? X^ '`?
l
At
General Interactions and Affect: ,
Moat: / 1
avll-A
Speech
,y. /
Thought Prnumscs:
AmAxIalimm
Thought Content:
Perceptions: Cam,
'! La . (.tl?? ?? ^J r. o?
Judgmcnt/Insight: f<
Orientation:
Mcntory•: `1/ tlv..-c t rCGS/^1? ?-1 v? iL ??L Ll
Attention SpaNConeeniration: - ( ?? v r i F t " / u.?1 I v tti• -
Language/Naming:
? Jl J? C(i '?' 1
LAW
Fund of Information: L t JC J
PlAn-
• Medications- p?? / I (1 n r J' /
Other-
i 3 1. ov
Session Ignalur ex app
J
G
V
Proeress Note:
Observations: Narrative:
General Appearance: a?rl
l //t w
Psychomotor Stale: .
?f/1^'?^ C (r!)
S C ???^ ?y
Movements/Posture: /
r
General Interactions and Affect: W?V (R
l
Mood: CZ d h
c L.,? C k "-,D
Speech:
11mug111 Primm cs: (/ Q
ARCOCiallons:
t
7110ught Content: V Y j
Pcrociptlow
!6/+]•A1 (?M?
I
l
Judgmcnt/InsighC V""r
ryry
zff' Llv?7 14. U....?-? 9?(1. I1 Y
Orientation:
Memory: y I - p
R
Attention Span/Conccnlration:
Language/Naming:
Fund of Inrormallon: _
(
?
?
,
.
0-1 v-" __ _ '
• Mediations-
• Other-
J! av
ton lgnalurc ex aPP .30
IL/
Proeress Notc•
Observations: Narrative:
General Appearance: I -? r w tr /??
Psychomotor Stale:
Movemems/Poslure: 1 -•-?
General Interactions and Affect:
Mood: C-?1
Spcccll: ? 1
fU ?%tl?
Associatbns:
Tilooghl Content:
011 1,,-
Perceptions: e,? {mac. rJ?
ludgmcnUinsight:
Orientation:
< 1+ ??
Memory:
Attention Span/Conccnlration:
Language/Naming:
Fund of Inrormation:
• Medications-
• Other-
1
? (/ YY JY
ess1011 Ignalurc ' eX 7E.
o
Prouess Note:
Observations: Narrative:
General Appearance: /l ,..
Psychomotor State:
Movements/Posture:
General Interactions and Affect: r?C-? ?I1 ` S 4
` u
Mood: p
CO) S t t-- ,-??
Speech: ct
Thought Proocsscs:
Associations:
Thought Content:
Perceptions: nn y? ---
'(' l/ x CJ?4+' LUU ? V N-(?
Judgment/insight:
Orientation:
Mcillory: -P
Attention SpaNConcentrallon:
Unguage/Naming:
Fund of Information:
Atwttmrnl-
• Medications-
• Other-
Session :gnaturo ex app r.
.@ 5-y1)
Proeress Note•
. -,
Observations: Narrative:
General Appearance: LA,
Stale: C,r C,
MovanentslPosture:
sr
~C t
D
?u
General Interactions and Affect:
w
? p
i
?
??
Mood:
Speech: ;E?.f
Associallons:
Thoughl Content:
n
Perceptions:
ludgmcnUlnsight:
Orientation: _ OL „ ?v?<1 f" `?rl
Memory:
Attention Span/Concenlralion:
Lan
u
/N
i
4,e r W 1
V
g
age
am
ng:
Fund of Inrormation:
• Medications-
• Olher-
b ; yr
:on Signature ex ap
6( s 10 1- C4. -?
Progress Note:
Observations: Narrative:
General Appearance: i1vu L-w e??
Psychomolor Slate:
MovennemUPoslure:
General Interactions and Affect:
M
d
,flyww<-1 t U -?If
:
oo Q? ?
Spccxh:
Thought Prucxuca: -?(,tp Wnr v?t.?.l Ara
Asseclalions:
77nought Content: p nn ,C.
Perceptions: I - I , -
1 h a'''sp" !R"^
ludgmcnUlnsighl:
Orienlalimn:
Memory:
'v_~
Attention Span/Conccnlralion: s
l• anguage/Naming:
Fund or Information:
• Medications- r-
• Other-
dY
essnon ngnaturc ex a P
Ca -so
v
Date Medication mg Directions H X Stop/
Change
/10
Ab3Ip1 :54 /00 x is 1 S
.7 o S /DO ? ?? /a0 3
Patient's Name Date of Birth /.2 /L A 3
A' Pharmacy Telephone number -7 4P 3 -'/V- 0
8.1b RM6w ?r/.wby.+ti o9eanv
740 tMVIS10N STIUR
KAXIISIU50, /WNSYLVAk" 17110
17171273•7157
May 6, 2002
Dr. Lawrence Altaker
1Q13 Mumma Road
Wormleysburg, PA 17043
Dear Larry:
Just a quick note to thank you for referring Bernie Girman to my for counseling with his
son. I have now had occasion to meet with the two of them as well as with Bernie's ex-
wife and his oldest daughter, Elizabeth, who is living with her mother.
I am not optimistic that the court will decide in Bernie's favor about the custody
placement of his son; I anticipate that the son might choose to go with his mother. But
there are still some undetermined variables.
Although I have not yet met Bernie's current wife, I suspect ghat she is probably the
greatest impediment to a healthy relationship with his children. I also believe that his
depression and anger are very closely related to being caught iq the middle between his
wife and children
Sincerely,
/fr?
(Mrs.) Bette R. Weinberger, ACSW
Clinical Social Worker
+111,11V
. 1
From the desk of
Ed Guido
judge 0 }-
cit.-?
DORA V. LU1'STER,
1'laintitl%Ietitioner
BERNARD W. GIRMAN, JR.,
Defendant/Respondent
IN TI Ili CoIJRT O ' COMMON PLEAS OP
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6503 CIVII.
CIVII. ACTION - LAW
:CUSTODY
ORDER
AND NOW. this 2 ?' day of moll , 2002, it is hereby
ORDERED that a RULE is issued upon Respondent Bernard W. Girman, Jr. to show cause, if
any he should have, why the relief requested in the Petition To Permit Discovery filed by
Petitioner Dora V. Luyster should not be granted.
RULE RETURNABLE within twenty (20) days of service of this Order upon
Respondent's attorney.
BY THE COURT:
LAW OFFICES
SNlLBAKER. Ca LH I7 ?/ ?f? ? 61 9 7
BRENNEMAN
a SPARE [ ?Y 7
h.
r
N
i
vl Q
a'Y
DORA V. I.UYSTLR.
PlaiiniMilo itioner
BERNARD W. GIRMAN. JR..
Dcfcndmu/Respondent
: IN TI Ili COURT OP COMMON PLEAS Of
: CUMBERLAND COUNTY, PI-NNSYLVANIA
NO. 99-6503 CIVIL
CIVIL ACTION - LAW
CUSTODY
PETITION TO PERMIT DISCOVERY
PURSUANT16 Pa.R.C.P. 1930.5
Petitioner Dora V. Luyster, by her attorneys, Snelbaker. Brenneman & Spare, l'. C.
submits this Petition to permit discovery in this custody action and in support thereof, states the
following:
1. Petitioner is Dora V. Luyster, an adult individual residing at RRN4. Box 4196,
Moscow. Pennsylvania 18444.
2. Respondent is Bernard W. Girman, Jr., an adult individual residing at 3707 Palkstonc
Road. Mechanicsburg, Pennsylvania 17055.
3. Petitioner and Respondent arc the natural parents ol'three minor children: Eli7abeth
Girman, born December 10, 1985 (age 16); Bernard Girman bom October 13, 1987 (age 14); and
Tati;ma Girman, born February 5, 1989 (age 12).
4. The present legal and physical custody of' (lie parties' Three children is governed by an
Order of'Court dated December 28. 2000.
5. Petitioner has primary physical and custody of Elizabeth Girman and Respondent has
uw orncts
SNELOAKER.
BRENNEMAN
H SPARE
primary physical custody of Bernard Girman and Tatiana Girman.
6. On March 11, 2002 Petitioner tiled an Emergency Petition For Special Relief and
'temporary Modification of Custody Order based, inter alia, upon physical abuse by Respondent
Bernard Girman and threats made by Respondent to Bernard Girman.
7. On March 13, 2002 the Court held a hearing on the aforementioned Petition as well as
Petition filed by Respondent for contempt.
8. By Order dated March 13, 2002 the Court denied the Emergency Petition of Dora V.
Luyster for Special Relief, finding it was safe for the child Bernard Ginnan to live with
Respondent.
9. At the time of the hearing held March 13. 2002, Respondent admitted to striking and
his son and testified that he has been under the care of a psychiatrist for the past three
10. Respondent's psychiatrist is Bette Rubin Weinberger of l larrisburg, Pennsylvania.
11. Petitioner is seeking primary physical custody of both Bernard Girman and'fatiana
12. Respondent's emotional and psychological health is relevant to this case with respect
to his ability to control his anger and properly care I'or the parties children.
13. Respondent's psychological problems, the extent of which are presently unknown,
a bearing on his fitness as a care provider for his children and determining the best interests
the parties' children in the custody action.
14. This case is scheduled for a hearing before this Court on August 5, 2002.
LAW o.ncE. I5. Pa.R.C.P. 1930.5(a) provides there shall be no discovery in custody proceedings
SNELOAKER.
BRENNEMAN
6 SPARE 11unless authorized by Order of Court.
-2-
16. Petitioner seeks to obtain by subpoena all office notes and records of any
psychiatrists or psychologists with whom Respondent has received treatment and/or counseling.
WHEREFORE, Petition requests this Court to enter all Order:
A.
R.
C.
D.
Issuing a Rule upon Respondent to show cause, if any he should have, why
Petitioner should not be permitted discovery into matters of his psychiatric/
psychological treatment and counseling;
Permitting Petitioner to serve Interrogatories upon Respondent requiring him
to identify the names(s) of all psychiatrists and psychologists that have provided
treatment and counseling to Respondent;
Permitting the issuance of subpoenas to obtain all notes and records pertaining
to any psychiatric and psychological treatment and counseling of Respondent; and
Granting such other relief that this Courts deems appropriate under the
circumstances.
SNELBAKER, BRENNEMAN & SPARE, P. C.
BY:
uw 0MCKS
SNELBAKER.
BRENNEMAN
A SPARE
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, IAA 17055
(717) 697-8528
Attorneys for Plaintifl%Pctitioncr
Date: May 23, 2002 Dora V. Luyster
-3-
VERIFICATION
I verify that the statements made in the foregoing Petition arc true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unswom falsification to authorities.
V'
Dora V. Luyster
LAW OI/IC[2
SHILBAKRR.
BRXHN[MAN
9 SPAR[
Date; ?,qy /, 7 ooL
DORA V. LUYSTER,
Plaintiff/Petitioner
V.
BERNARD W. GIRMAN, JR.,
Defendant/Rcspondent
IN 'rim COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6503 CIVIL
: CIVIL. ACTION - LAW
: CUSTODY
CERTIFICATE OF NON-CONCURRENCE
Keith O. Brenneman, Esquire hereby certifies that on May 17, 2002 he spoke to Attorney
Andrew C. Shcely, Esquire concerning the submission of the foregoing Petition to the Court and
Attorney Shccly indicated that lie, on behalf of the Respondent, does not consent to the Petition.
Date: May 23, 2002
Keith O. Brenneman, Esquire
,t F
.Y
14
.° 1qt
C?-SI
LAM OFFIUS
SN[LIAKHR.
SRLNN[MAN
6 SPAR[
CERTIFICATE OF SERVICE
1, KEITFI 0. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Petition to be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL. POSTACI: PREPAID. ADDRESSED AS FOLLOWS:
Andrew C. Sheely, Esquire
127 S. Market Street
P. O. Box 95
Mechanicsburg, PA 17055
Keith 0. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P.0. Box 318
Mechanicsburg, PA 17055
(717)697.8528
Attorneys for Plaintiff/Petitioner
Dora V. Luystcr
Date: May 23, 2002
LAW omen
SNCLEAR[R.
BR[NN[MAN
s SPARK
Andrew C. Shealy, Esquire
127 S. Herket Street
P.O. Box 95
Heaheniaeburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
DORA Y. LUYSTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
Vs. : CIVIL ACTION - CUSTODY
BERNARD W. GIRMAN, :
Defendant/Respondent : 99 - 6503
0
AND NOW, this day of , 2002, upon
consideration of the Petition and Answer thereto, and following a
hearing, the relief sought by Petitioner is hereby DENIED and the
Petition is hereby DISMISSED.
BY THE COURT,
J.
Keith W. Brenneman, Esquire
Attorney for Plaintiff/Petitioner
Andrew C. Sheely, Esquire
Attorney for Defendant/Respondent
Andrew C. 8heely, Esquire
127 a. Market street
P.O. Box 95
Mechanicsburg, PA 17055
PA 1D NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
DORA Y. LUYSTER, :
Plaintiff/Petitioner
s
vs. s
BERNARD W. GIRMAN, :
Defendant/Respondent s
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
99 - 6503
ANSWER TO RULE TO SHOW CAUSE
IN RE: PETITION TO PERMIT DISCOVERY
Respondent, Bernard W. Girman, Jr., by his Attorney, Andrew C.
Sheely, Esquire, hereby files this Answer to the Rule to Show Cause
and the Petition to permit discovery, and respectfully states as
follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in Part/ Denied in Part. It is admitted that
Petitioner filed an Emergency Petition for Special Relief and
Temporary Modification of Custody Order. It is specifically denied
that Respondent committed physical abuse to his son. By way of
further answer, Cumberland County Children and Youth Service
investigated this matter and made no findings of abuse in this
matter, further indicating that it was safe for the minor child to
reside with his father.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted with clarification
Respondent is being treated
by Bette Weinberger, who is a clinical psychologist.
11. Admitted.
12. The allegations averred constitute conclusions of law to
which no response is needed. By way of further reply, these issues
were previously considered by Judge Guido in denying Petitioner's
Emergency Petition for Special Relief and by Cumberland County
Children and Youth service's decision that it was safe for the child
to return to live with his father.
13. Denied. To the contrary, Petitioner has presented no new
averments of fact which have not been previously considered or heard
by Judge Guido as part of the prior emergency hearing. By way of
further reply, Petitioner has an opportunity to seek and obtain a
custody evaluation wherein these matters may be considered by a
professional custody evaluator as part of a standard evaluation.
14. Admitted.
15. Admitted.
16. No response is required as such averment contains no
averment of fact.
New Matter
17. Paragraphs 1 - 16 are incorporated herein by reference.
18. Petitioner has not alleged sufficient grounds or facts to
permit discovery of the information and material sought in the
2
underlying petition.
19. The information sought by Petitioner is confidential in
nature and has no relevance to the instant proceeding.
20. To the extent the information is relevant, such materials
should be obtained as part of an appropriate custody evaluation
which has not been requested by Petitioner in the instant petition.
21. Petitioner or Petitioner's counsel is not qualified to
review or render any opinions as to whether Respondent is incapable
of providing for the safety of his children during periods of
custody.
22. Petitioner provides no reason an appropriate subpoena
cannot be to obtain the same information sought in the instant
petition from Respondent's treating physician to the extent such is
relevant and not subject to doctor/patient privilege.
23. The documents and/or opinions sought by Petitioner are
privileged material and information.
24. The instant request serves no purpose other than to harass
Respondent and serves no legitimate purpose without a full custody
evaluation and any reference to whom the information will be
provided.
25. No basis exists to seek the information requested by
Petitioner.
WHEREFORE, Respondents respectfully requests that this
Honorable Court enter an order:
A. Denying the relief sought by Petitioner,
B; or in the alternative, direct the parties to participate in
A
3 ;,r,
61
a custody evaluation where the information can be reviewed, if
relevant, by a professional evaluator, in a manner which is in the
best interests of the children;
C. Granting any other relief that this Court deems appropriate
under the circumstances.
Date: June 17 , 2002
4
Respectfully submitted,
/?& '6110
Andrew C. Shealy, Eequir
Attorney for
Respondent/Defendant
Pa. I.D. No. 62469
127 S. Market Street,
P.O. Box 95
Mechanicsburg, PA 17055
(717) 697-7050
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VERIFICATION
I verify that the statements made in this Answer and New matter
are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: June ,P 2002 Bernard W. Girman, II,
Petitioner/Defendant-
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DORA Y. LUYSTER,
Plaintiff
VS.
BERNARD W. GIRMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-6503
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of _Mq 7 , 2002,
upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. A Hearin is scheduled in Court Room # 5 , of the Cumberland County Court
House, on the Jr t day of A_ aCj4-S`f , 2002, at C/7: Jd o'clock, A m., at
which time testimony will be taken. For purposes of the Hearing, the Mother, Dora Y. Luyster, shall
be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties
shall file with the Court and opposing counsel a Memorandum setting forth each party's position on
custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the
anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to
the Hearing date.
2. In the event either party initiates a custody evaluation, both parties shall cooperate in
completing all necessary sessions in a timely manner, and shall make the Children available for
participation as well. The party initiating the evaluation shall be responsible for all costs. The parties
shall sign all authorizations deemed necessary by the evaluator in order to obtain additional
information pertaining to the parties or the Children. The parties' agreement to cooperate in
completing a custody evaluation shall not be deemed an implied consent to continuation of the Hearing
in the event the evaluation is not completed by the Hearing date.
3. The prior Orders of this Court dated March 13, 2002 and December 28, 2000 shall continue
in effect pending further Order of Court or agreement of the parties.
cc: ( cith 0. Brenneman, Esquire - Counsel for Mother
AMdrew C. Sheely, Esquire - Counsel for Father
Edward E. Guido, J.
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DORA Y. LUYSTER,
Plaintiff
VS.
BERNARD W. GIRMAN,
Defendant
PRIOR JUDGE: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-6503
CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who arc the subjects of this litigation is
as follows:
NAME DATE. OF BIRTH CURRENTLY IN CUSTODY OF
Elizabeth Girman December 10, 1985 Mother
Bernard Girrnan October 13, 1987 Father
Tatiana Girman February 5, 1989 Father
2. A Conciliation Conference was hell on May 1, 2002, with the following individuals in
attendance: The Mother, Dora Y. Luystcr, wish her counsel, Keith 0. Brenneman, Esquire and the
Father, Bernard W. Girman, with his counsel, Andrew C. Shcely, Esquire.
3. This Court previously entered an Order in this matter on December 28, 2000 under which
the Mother had primary physical custody of Elizabeth and the Father had primary custody of Bernard
and Tatiana. Both parties filed Emergency Petitions on March 11 as a result of an incident involving
Bernard which occurred in early March. This Court entered an Order after Hearing on March 13, 2002
denying the Mother's Petition for Special Relief and confirming the prior Order of Court dated
December 28, 2000. The Court expressly determined that it was safe for Bernard to return to the
Father's custody.
The Mother's Petition for Modification of the December 2000 Order, specifically her
request for transfer of primary physical custody of Bernard and Tatiana to her, was the subject of the
Conciliation Conference. The parties were unable to reach an agreement at the Conference. While the
parties were willing to obtain a custody evaluation in an effort to resolve the matter by agreement, the
Mother requested that a Hearing be scheduled prior to the beginning of the 2002-2003 school year so
that the matter can be mcsolvcd prior to the beginning of school even if the evaluation is not completed.
A shared custody schedule during the school year is not possible due to the two hour distance between
the parties' residences.
4. The Mother's position on custody is as follows: The Mother believes that it would be in the
best interest of both Bernard and Tatiana to reside primarily with her (the Mother has primary custody
of Elizabeth under the current Order). The Mother's request for modification is based primarily on the
incident which occurred in March in which the Father struck Bernard and which was the subject of this
Court's Order dated March 13, 2002 after an Emergency Hearing. The Mother believes that the Father
has serious anger management problems and behaves abusively toward the Children. The Mother
expressed concern not only for the Children's physical safety but also for their emotional well-being.
The Mother indicated that Bernard has expressed his desire to live with the Mother. The Mother also
stated that the Father is away from (tome for work frequently and the Father's wife does not get along
well with the Children. The Mother agreed to participate in a custody evaluation if the Father paid the
costs, subject to the condition that her agreement to participate does not operate as agreement to
postpone the Hearing if the evaluation is not complete. However, the Mother believes that the
Children should begin the 2002-2003 school year in her school district and wants to ensure a final
resolution of the primary custody issue prior to the beginning of the school year. For that reason, she
requested that a Hearing be scheduled by the end of the summer so the issue will be resolved even if
the custody evaluation is not completed or the parties do not reach an agreement after the evaluation is
completed.
5. The Father's position on custody is as follows: The Father acknowledges that the incident
with Bernard occurred in March. Although acknowledging that his behavior was not proper, he does
not believe the incident merits a change in primary custody. The Father does not believe it would be in
the Children's best interest to live with the Mother and requested that a custody evaluation be
performed to obtain professional recommendations. The Father expressed concern that Elizabeth ,
who lives with the Mother, is doing poorly in school. The Father indicated that he had taken Bernard
to counseling as directed by the Court in the March 13, 2002 Order. The Father believes that Bernard
and Tatiana should remain in his primary custody pending the outcome of the custody evaluation and
Hearing, if necessary. The Father rejected the Mother's proposal that the Children begin school in the
Mother's school district for the 2002-2003 year pending final resolution.
6. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this
matter. It is expected that the Hearing will require one-half to one full day. The Conciliator is hopeful
that the evaluation can be completed prior to the Hearing date as it appears that the parties would be
receptive to resolution with the assistance of professional recommendations.
Date Dawn S. Sunday, Esquire
Custody Conciliator
?.
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MAY 13 2000
DORA Y. LUYSTER IN THE COURT OP COMMON PLEAS OF
PLAINTIFF : CUMHIiRI.AND COUNTY, PENNSYI.VANIA
V.
99.6503 CIVIL ACTION LAW
BERNARD W. GIRMAN
DEFENDANT IN CUSTODY
AND NOW, Monday, March 25, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Nlechanlesburg, PA 17055 on Wednesday. May 01, 2002 at 1:00 Phi
for a Prc-Hearing Custody Conference. Al such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to dcfmnc and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: ls/ Dawn S. Srtnday. Esga /"n
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
'all
Afazi?&l Z 4,5 6(e4,4-?
DORA V. LUYSTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
BERNARD W. GIRMAN, JR.,
Defendant 99-6503 CIVIL TERM
ORDER OF COURT
AND NOW, this 13th day of March, 2002, after
hearing we are satisfied that it is safe for the child to live
with his father. Therefore, mother's emergency petition for
special relief and temporary modification of the custody order is
DENIED.
Our order of December 28, 2000 shall remain in full
force and effect.
The father is directed to engage the son in
professional counseling within 10 days of today's date. Mother
and father are further directed to participate in family
counseling prior to any further hearing being held before this
Court.
By t
Xeith Brenneman, Esquire
For the Plaintiff
ndrew Sheely, Esquire
,,AFor the Defendant
Edward E. Guido, J.
?R s
03 i.?-oa X
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Af?l?g.
if:
DORA V. L.UYSTER,
I'luintifl%Pctitioner
V.
BERNARD W. GIRMAN, JR.,
Defendant/Respondent
IN THE COURT' Of COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6503 CIVIL.
CIVIL ACTION - LAW
CUSTODY
ORDER
AND NOW, this day of
, 2002, it is hereby ORDERED
that a RULE is issued upon Respondent Bernard W. Girman, Jr. to show cause, if any he should
have, why the relief requested in the Petition for Emergency Relief and Temporary Modification
of Custody Order filed by Petitioner Dora V. Luyster should not be granted.
RULE RETURNABLE on the day of
, 2002 at
o'clock _.m. in Courtroom No. _ of the Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania, at which time a hearing on the aforementioned Petition shall be
held.
BY THE COURT:
J.
LAW OFMCS
SNELBAKER.
BRENNEMAN
& SPARE
DORA V. LUYSTER,
Plainti ff/Petitioner
v.
BERNARD W. GIRMAN, JR.,
DefcndanURcspondcnt
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6503 CIVIL
CIVIL ACTION - LAW
CUSTODY
EMERGENCY PETITION FOR SPECIAL. RELIEF
AND TEMPORARY MODIFICATION OF
CUSTODY ORDER
Petitioner, Dora V. Luyster, by her attorneys, Snelbakcr, Brenneman & Spare, P. C.,
submits this Emergency Petition For Special Relief and Temporary Modification of Custody
Order and in support thereof, states the following:
1. Petition is Dora V. Luyster, an adult individual residing at RR #4, Box 4196, Moscow,
Pennsylvania 18444.
2. Respondent is Bernard W. Girman. Jr., an adult individual residing at 3707 Falkstone
Road, Mechanicsburg, Pennsylvania 17055.
3. Petitioner and Respondent are the natural parents of three minor children: Elizabeth
Girman, born December 10, 1985 (age 16): Bernard Girman, born October 13, 1987 (age 14),
and Tatiana Gimtan, born February 5, 1989 (age 12).
4. The present legal and physical custody of the parties' three children is governed by an
Order of Court dated December 28, 2000, a true and correct copy of which Order is attached
LAW OFNCEi II herUo 5. In incorporated by accordance with reference 'Court's herein Order "Exhibit
I ecmber 28, 2000, Petitioner has primary
SNELBANER.
BRENNEMAN
& SPARE
II
physical custody of Elizabeth Ginnan and Respondent has primary physical custody of Bernard
Gimran and Tatiana Girman.
6. On or about March 6, 2002, the parties' son, Bernard Girman, while at school and
upon inquiry by his gym teacher concerning bruising Bernard Girman exhibited on his shoulders
and head, advised his gym teacher that he had been beaten by his father, Respondent Bernard W.
Girman, Jr.
7. On or about March 6, 2002, Bernard Girman first advised his mother, Petitioner Dora
V. Luyster, that his father, Respondent Bernard W. Ginnan, Jr., had struck and shoved him on
March 3, 2002 causing bumps and swelling on his head and bruising and marks on his shoulders.
8. On or about March 6, 2002, Bernard Girman confided in his mother, Petitioner Dora
V. Luyster, that Respondent Bernard W. Girman, Jr. had also struck him on occasions prior to
March 3, 2002.
9. On or about February 24, 2002. Respondent spoke to his daughter, Tatiana Girman on
the telephone while Tatiana Girman. her sister, Elizabeth Girman, and brother, Bernard Girman,
were in Petitioner's custody. During the telephone conversation, Respondent Bernard W.
Girman, Jr. said to his daughter, Tatiana, that he had received Bernard Girman's school progress
report and that he (Respondent) was going to "kick his (Bernard Girman's] ass" or words to that
effect.
10. On or about March 3, 2002, Respondent told his son, Bernard Girman, to get out of
the house.
LAW OrrICES
II
SNEIBAKER. 2.
BRENNEMAN
& SPARE
11. Respondent's abusive, threatening and volatile behavior as noted above has caused
emotional upset and turmoil to both his son, Bernard Girman, and his daughter, Tatiana Girman.
12. Respondent's abusive, threatening and volatile behavior has affected the emotional
and physical wellbeing of Bernard Girman and the emotional wellbeing of Tatiana Girman.
13. As a result of the injuries sustained by Bernard Girman and the disclosure by him
that they were caused by Respondent, an investigation has been undertaken by the office of
Cumberland County Children and Youth Services.
14. Both Bernard Ginnan and'ratiana Ginnan are not doing well in school whereas
Elizabeth Girmman, who has been in the primary custody of Petitioner, has made marked
improvements in her grades at school.
I5. Due to the actions and statements of Respondent as noted above, Berard Girman is
presently in the custody of petitioner.
16. For the reasons set forth above, there has been a substantial change in circumstances
affecting the parties' children's interests justifying a change in the December 28, 2000 Order and
an immediate award of primary physical custody of both Bernard Girman and Tatiana Girman to
Petitioner.
Wl IrREFORE, Petitioner Dora V. Luyster requests this Court to:
A. Enter an Order modifying the current custody order and awarding exclusive
primary physical custody to Petitioner ol'both Bernard Girman and Tatiana
Girman pending an expedited conciliation conference and further order
of this Court: and
LAW OFFICES
SNELSANEH. .3•
BRENNEMAN
& SPARE 11
B. Grant such other relief as this Court in its discretion deems appropriate.
SNELBAKER, BRENNEMAN & SPARE, P. C.
BY: j4'm6w;-"'
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717)697.8528
Attorneys for Plaintiff/Petitioner
Date; Dorn V. Luystcr
uw OFFICO
I
SNELBAKER.
BRENNEMAN
I -4-
& SPARE
DORA Y. LUYSTER,
Plaintiff
VS.
BERNARD W. GIRMAN, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND CMMI PENNSYLVANIA
: NO. 97-3373 CIVIL TERM
: N0. 99-6503
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this A 94
c day of , 2000, upon
consideration of the attached ed Custody Conciliation Report, it is ordered
and directed as follows:
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 December 10,
1985, Bernard Gunman, born October 13, 1987, and Tatiana Girman, born
February 51 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 Children's general well-being including, but not limited to,
all decisions regarding their health, education and religion.
3. The parties ehall have physical 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 physical 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 of 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 commencement of the school year in
2001-2002, the Mother shall have primary physical custody of
Elizabeth during the school year and the Father shall have
primary physical custody of Bernard and Tatiana during the
EXHIBIT A
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. CHRISTMAS: The Christmas holiday shall be divided into
Segment At 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 Children
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. THANKSGIYIM: 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. mDERIAL DAY/JULY 4TH/LAWR 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 Labor 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 problems, medical problems, and any social or academic issues
involving the Child 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
counseling shall be to assist the parties in developing and maintaining
sufficient communication and cooperation to enable them to effectively
ccparent the Children.
9. The parties acknowledge that the custody schedule set forth in
this Order reflects the arrangements which will best serve the interests of
the Children under the current circumstances. The parties agree that
neither party shall seek a modification to these arrangements in the
absence of a substantial change in circumstances affecting the Children's
interests.
10. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE OOURT,
,S E. GU idol J.
cc: Keith 0. Brenneman, Esquire - Counsel for Mother
John H. Broujos, Esquire - Counsel for Father
4
In I n.r3 uaic ,:t my han
and t o seal of id Coert at Carlisl , Pa.
Th ............ d of...Q? t..,
Prothonotary
I vF'
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d rt;
DORA Y. LUYSTER,
Plaintiff
VS.
BERNARD W. GIRMAN, JR.,
Defendant
PRIOR JUDGE: Eduard E. Guido
: IN THE COURT OF OWAIM PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-3373 CIVIL TERM
NO. 99-6503
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME DATE OF BIRTH C[ktR M%Y IN CUSTODY OF
Elizabeth Girman December 10, 1985 Father
Bernard Girman October 13, 1987 Father
Tatiana Girman February 5, 1989 Father
2. A Conciliation Conference was held on December 141 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.
Date Dawn S. Sunday, Esquire/ ?iCustody Conciliator
f
w? Ct p<y'?'sF1
??n+n
WRIFICATION
1 verify that the statements made in the foregoing Petition are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unswom falsification to authorities.
v LAS?
Dora V. uystcr
Date: ?ARt?j. ft, Zooz
CERTIFICATE OP SERVICE
I, KEITH O. BRENNE'sMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Petition to be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
John 11, Broujos, Esquire
Broujos & Gilroy, P. C.
4 North Hanover Street
Carlisle, PA 17013
Bernard W. Girman, Jr.
uw OFFMCS
SNELBANER.
BRENNEMAN
& SPARE
3707 Falkstone Road
Mechanicsburg, PA 17055
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street <
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff/Petitioner
Dora V. Luyster {
Date: 206.7-
,
, F
DORA Y. LUYSTER, :
Plaintiff/Respondent s
s
vs. s
s
BERNARD W. GIRMAN, s
Defendant/Petitioner s
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
97 - 3373
99 - 6503
ORDER OF COURT
AND NOW, this day of , 2002, upon
consideration of the foregoing petition, it is hereby ORDERED and
DECREED that DEFENDANT, Bernard W. Girman, Jr., shall have primary
physical custody of the minor child, Bernard W. Girman, III, pending
an emergency hearing which is scheduled for the _ day of
, , 2002, in Courtroom No. _
at m, on the Fourth Floor of the Cumberland County
Courthouse in Carlisle, Pennsylvania.
BY THE COURT,
J.
Keith W. Brenneman, Esquire
Attorney for Plaintiff/Respondent
Andrew C. Sheely, Esquire
Attorney for Defendant/Petitioner
Andrew C. Shealy, Esquit'e
127 S. Market Street
P.O. Box 95
Meahanlcaburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
DORA Y. LUYSTER,
Plaintiff/Respondent :
Vs. :
BERNARD W. GIRMAN, s
Defendant/Petitioner :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
97 - 3373
99 - 6503
ORDER OF COURT
AND NOW, , 2002 , upon consideration of
the attached Custody Petition for Emergency Relief, it is hereby
directed that the parties and their respective counsel appear before
the
at
conciliator,
on the aay or , zuu[ , ac
o'clock .m., for a Pre-Hearing Custody Conference. At
such conference, an effort will be made to resolve the issues in
dispute; or if this cannot be accomplished, to define and narrow the
issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the
conference. Failure to appear at the conference may provide grounds
for entry of a temporary or permanent order.
FOR THE COURT,
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to
comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the court, please contact our office. All arrangements must
be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
y.t
Mr
a
:
Andrew C. Shealy, Esquire
127 S. Herket Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62169
717-697-7050 (Phone)
717-697-7065 (Fax)
DORA Y. LUYSTER,
Plaintiff/Respondent
s
vs.
BERNARD W. GIRMAN, s
Defendant/Petitioner :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
97 - 3373
99 - 6503•
CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE
I, Andrew C. Sheely, Esquire, hereby certify that I served a
copy of the attached Petition for Special Relief upon Keith W.
Brenneman, Esquire, by fax transmission on March 11, 2002. I
further state that I was advised by Keith W. Brenneman, Esquire,
that he did/ did not concur with the attached Petition prior to its
filing on the date set forth below.
Dates March 11, 2002
4WO. ?v
Andrew C. Sheely, Esquire
Attorney for Petitioner
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 - 697 - 7050
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717.697-7065 (Fax)
DORA Y. LUYSTER,
Plaintiff/Respondent
VS. '
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
BERNARD W. GIRMAN, _
Defendant/Petitioner s
97 - 3373
99 - 6503.
PETITION FOR CONTEMPT AND SPECIAL RELIEF
991 CUSTODY
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1. Petitioner is Bernard W. Girman, Jr., an adult individual
who currently resides at 3707 Falkstone Drive, Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
2. Respondent is Dora V. Luyster, an adult individual with a
last known address of RR 4, Box 4196, Moscow, Lackawanna County,
Pennsylvania, 18444.
3. The child which is the subject of the instant petition is
Bernard W. Girman, III, d.o.b. October 130 1987.
4. Plaintiff and Defendant attended a custody conciliation
conference on December 14, 2000 and reached a custody agreement
incorporated within an order of Court dated December 28, 2000. A copy
of the December 28, 2000 Order of Court is attached hereto as Exhibit
5. Pursuant to Paragraph 3 C., Petitioner is directed to maintain
primary physical custody of the minor child during the school year.
6. On or about Wednesday, March 6, 2002, the parties child
Bernard Girman, III, called Respondent from a classmate's cell phone
from school and advised Respondent that Petitioner previously hit or
struck the minor child.
7. Thereafter, the minor child informed appropriate school
authoriti-s that Petitioner hit or struck the minor child.
8. As a result of said report, Cumberland County Children and
Youth Services performed an investigtion and temporarily directed the
placement of the child with Respondent pending the completion of a
county performed investigation.
9. On or about March 8, 2002, Petitioner was advised by
Cumberland County Children and Youth Service that it had completed its
preliminary investigation and that the minor child could return to
Petitioner's home in Mechanicsburg, Pennsylvania.
10. On March 8, 2002, Petitioner contacted Respondent for the
purpose of arranging the pick-up of the minor child so as to comply
with the current Order of Court.
ll. on or about March 8, 2002, Respondent advised Petitioner that
the minor child would not be permitted to return to Petitioner's
residence.
12. On or about March 8, 2002, Respondent advised Petitioner
that he could not speak with the minor child.
13. On March 10, 2002, Petitioner again contacted Respondent for
the purpose of requesting custody and full compliance with the Court
order and Respondent refused.
2
14. Paragraph 8 of the Order of Court dated December 28, 2000
requires that the parties engage in joint counselling.
15. Respondent has repeatedly advised Petitioner that Respondent
will not participate in counselling.
16. Petitioner believes that it is in the best interest of the
child that the child return immediately with Petitioner.
17. Petitioner believes that it is in the best interest of the
child that the child immediately return to school in the Cumberland
Valley school District.
18. Petitioner believes that the best interest of the child will
be served by adhering to the current Order of Court.
19. Petitioner believes that the best interest of the child will
be served by the completion of a full custody evaluation to determine
the best interest of the minor child and that the parties participate
in couselling or other assistance as agreed upon or directed by the
Court.
WHEREFORE, Bernard W. Girman, Jr., Petitioner, respectfully
requests that this Honorable Court enter an Order of Court which
directs that:
a. Respondent, Dora V. Luyster, immediately make the minor child,
Bernard W. Girman, III, d.o.b. October 13, 1987, available for pick-up
so that the child can return to the care and custody of his father,
Bernard W. Girman, Jr.; and
b. The parties submit themselves to a custody conciliation which
will be scheduled in accordance with a separate Court order; and
3
c. The parties submit themselves and the minor child for
counselling as agreed to by the parties, or as directed by subsequent
order of Court; or, in the alternative;
d. The parties submit themselves to an appropriate custody
evaluation as agreed upon or as directed by further order of Court.
Date: March // , 2002
Respectfully submi*4-ndo
Andrew C. Sheely, E u e
Attorney for Petition Defendant
Pa. I.D. No. 62469
127 S. Market Street,
P.O. Box 95
Mechanicsburg, PA 17055
(717) 697-7050
4
VERIFICATION
I verify that the statements made in this Petition for Special
Relief are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date: March 2002 Bernard G nan, II,
Petitioner endant
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EXHIBIT "A"
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DOAA Y. Gl1YYMO I IN a$ C XRT Cr COVICH 14.!:113 Cr
Plaintiff : CIS+h1tMM COl)rM, PFIe MA&VANIA
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Va. t 10. 517-3:173 CI%rM TOO
110. S"503
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MWItaD M. WARM JA.r s 1x%11, ACFICN - IJI14
Defendant s :01 c1xn*7y
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AND MR, this day of ,? yo f , , 2000, upon
Conldderation of the at:a?ed cvutudy'alni4a.on rt`;'Tt W ordered
and directed as follovas
1. All prior Orders are vacated and r+splaced with this Order.
2. The Mothers acre V. 1.uyater, and the Irathsors learned N. Cirmanr
Jr., ,shall have shared 1rga1 Custody Of Blisabetti Oirman, born Coeember 10,
19016 Bernard 01twan, Isorn Octotrs•. 13, :.9197, and Tatlana C1xisan, tarn
l5abl.VRty S, 1989, FACh parent anal l have an equal right # to to examined
jointly Vith the Other parent, to mike all major nor"mergency decisions
affttc+:itg the Children't general well.-being including, tut not limited to,
all deoisloso regarding :hair hWtt., educstiol amid religion.
3. The parties shall have physictl custody of the Oilldren an
follows:
A. Fbr the remainder of the 2010.2001 school years the Father
shell have primary phyisical custody of the Cni11!^ens The
mother shall have partit:l physical custody of the C?dadren an
the second, fourth, and fifth (if fury) wooJiAu:de of oech month
from Friday at 8:00 p.mme through 3utday at 6:00 p.m.
B. Beginning in 2001 and aciltinuing tlasrsafter, durirtsl the swsor
school vacation, the powtiev shoal taternatu hrvirKi tststody of
all three ?hildron on at bi.w a ly Ixsls vith the exchange of
cutcdy to take place (n altarrlating 11Cidaymi at OWC) p.m. This.
summer aaMody sdadule shall togin cn the first 1Yi.day after
termination of the eehxal year and the s(2w7o1 year custody
schedule stall resume on the limit Itriday, of the stoerr school
tseak. The parties shoal dudgnate by agrwmwrtt thus party who
shall have the first blvm*ly period of custody during -the
summer !rook each year In much a Dream as to caseate, that V*
Father has custody of the Childv n storing ayr 3=n: Damp.
C. OnlrAing Vith the ctameno haunt Of the e0h10(41 year in
2001-2002, the Mother shall. l wm prleary, physical tastoly of
Elisabeth ?Kwinq the school yaw and the f+IttMr shall have
primary phraicaa cumbxdy cif Barnard and flUtlansa duritg the
school year. The patties sell continue Navin; partial
custody of till three Children together on weekends as stet
forth in autpsrsgraph A at t:hjs provision. The trrstefer of
primary phys lcal ouetcdy of mL s nbetn for the. achocd. year is
dependant wxt the ocndltion tut JcM wystar, thn Mother's
adult step-moo to not rwidinq Li the Mother's residawe.
4. The parties slwll share or rlterratit having wstalj of the
Chilt!rt n on holidays as follows
A. 1 The Christsra h diday shall to divided into
Segment A, 'fiidt shall 1run f nom December 24 at 5100 p.m.
through Deoetber 26 at 5400 p. s., wd Segmant: B. WiWh shell
run from Docsmhu 26 at 5400 p.m* through Docexber 20 at 5100
p.m. 7ho 11*Mr shall have custody of the Chilcbtml during
Segment A in even ntnbend years aril during Segment: B in odd
nutbwed years. '!fie rather shall We custody of the Children
during Segrait A in odd nrberal year9 Wad during eeeeent 9 in
even rturber*d years. In 2000, the Ibther's period of custody
shall rue I'm Friday; Decemoic 4:2 at 8100 p.14. through
December 26 it 5100 p.m.
B. T%UK9=VIWt The Mother shall haws custody of the Children
in- 1055-9 5inlq in wen nuth»rol ysasrs and the Father shall
have custody of the Childc4n. cn ThanksgivirvI in odd numbered
years.
C. FEW. ??1 JOL7tlll!t In even rnnber'ed yaarar the
Fat 4a nave wsto o t6- Ch'.ldrsn on Mewri.nl Day and
Labor Day and the mother shell have custody on July 4th. In
odd nurberel years, tJw Mother shall have custcdy of the
Children on Manorial Day all Ubor Day and the father shall
have custody on July 4th.
D. The holiday custody schschAe shall supersede and take
precedence over the ragt.tlor cwtody uchedule.
5. Unlesa otherwise &grew toe"wan the parties, all exentvges of
custo0e under this Order shall take place sl: the McDonalds restaurant in
reachville.
6. At all times, but particularly when primu)t custody of the
Children ie divided bet+reen the 13LKinst ;fie axt-custodial parent shall
make every reasonable extort to per:icipste in arxt be involinxi in the
Children's school and extra-curricv14x act.i%itiea.,
7. Each party shall pcovido notice to the otlw?r party of any
disciplinary problems, w4dical pcmlaer, ant any social cr scadcmdc issues
invc.lvinq the Child or Children in him or her wataty. Th-P parties
actnowlaige the imports-ow of shsm.ing inibrmntion peatainirq to the
Chlltirsn.
as The parties shell engege in a course at joint counselin; with a
pcntwasional selected by agreement of the partl.em. The purpawt of the
OD ruoling awl be to wins the pen.1se in dawloping and aellttoailtitf)
uul'ticient commUesticn and co094caticn to triable thus to alfectively
upialwt the chilalan.
9. Vw pp?atrttlaa a*nwladpe that tta auatody sahs&de jet. forth in
thla OY'aar ren"ta the w"loaaunta vhioh vill beat earw the ln'UW"ta of
tht Children letder the cwmt cltc%mmatimmas 'itle puttee egm that:
nel.ther party shall awk a aodifi0atim to these armVealrts, in th4
abiarce of a albatantial dwq* in circtsotwow affecting ttmi Odlde'anla
ifflamata.
10. Chia Cadet It 4ntared P"Ant 'to an aOreeeant of the pwtias at e
tt+1i dV O" liation Calferenw. 'JhS par?:iM Nor modify the p"dolone of
of this O? ? 0" t• the ?'ena et wwtual oerwni:, the t.cer? ROL
ly to OZRY,
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cel pith 0. aewrtwae, tapuico - OvwmLl tar ieothar
Jon H. atJN* faauire » Oxvwel 1.104 Irsthem
TRUE copy Flom RECQRC
N lrn'^k'^r %WmmNl. I We unto wt my hind
&M )r It a "JO ?0+11iLf4 U*1 ra.
DOW. Y. wry=,
Plaintiff
w.
Ba8INID M. CIMWAP JR..
DefWwmt
ntD:R JS> M RtOnatd E. Wide
t 134 TIM OXOT or C11l M HAAS Or
t (X*INWJA.0 CpUtM'o Pftal WtovAH1A
e
t I10. 97-3373 CIVIL TW
t ti0. 99.4703
t
t WU ACZ10N - LAW
IN CUBWDY
Cflll W CCaa: XArl= 1R."M om Q
ACOMNNM pig CtNb/111. M elm XXi Or C1Y33: MIWC
191:1.:1-8, the underaignat Custody CenailiatDc rAmits the following cepoett
.1. The pertinent infwmatiat cmcetninp the Children Mxt are the
eutjo.-ta of this litigation is an follovnt
Kum Dm or bman CCMDIfLY bl fa7riC?[ Or
EVUbeth Gicnrn 70006W 100 198:. latkor
Bematd Oirwan Ootdxr 130 1987 latkKir
Tatlana Cirmn rebevary S, 19%, tither
2. A Cantilistion Conference Mao Wd on Domftr 14, TOCK'# with the
following individuals in attandancet Thp WZWo DWS V. Luyat4r# With her
Cai'teel. Keith 0. Brau+aa&no CaVire, tuft the lather, Bernard %. dirman,
Jr., with his oots+eeli J7hn H. actUrjas, IWUL a.
3. "ve parties agreed to entry Hof an OLder in the form an atttaohad.
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DORA V. LUYSTER : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
BERNARD W. GIRMAN )R.: NO. 99-6503 CIVIL TERM
ORDER OF COURT
AND NOW, this Iff day of MARCH, 2002, the parties having filed cross
petitions on the above captioned custody matter a hearing is scheduled for
WEDNESDAY. MARCH 13.2002, at 8:30 a.m. in Courtroom # 5 of the Cumberland
County Courthouse, Carlisle, Pa.
,,06cith Brenneman, Esquire
For the Plaintiff
drew Sheely, Esquire
For the Defendant
Copies a?lec?
-Q (5
03 -13
:sld
?.A Va ?..1 ';
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curt= :;:,>.._ .?ur;rr
t?CP?i J?YL:•'i1 v'i?.
DORA V. LUYSTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Va. : NO. 97-3373 ,CIVIL TERM
: N0. 99-6503 ?
BERNARD W. GIRMAN, JR., : CIVIL ACTION - LAW
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this /31* day of PP4?
, 1999, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
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 completion of the custody evaluation and 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.
BY THE T,
J.
cc: Keith 0. Brenneman, Esquire - Counsel for Mother I
John H. Broujos, Esquire - Counsel for Father CCOr "?
.Ad• P.
DORA V. LUYSTER, : IN THE COURT OF OOMMON 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
CUSTODY CONCILIATICN SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
DATE OF BMTH
Elizabeth Girman
Bernard Girman
Tatiana Girman
December 10, 1985
October 13, 1987
February 5, 1989
CURRENTLY IN CUSTODY OF
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 0. 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 notes: that this action was originally
commenced in 1993 in Lycaning County. By Order of Court dated April 2,
1997, the Lycaning Court declined to exerciai 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 natter 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.
Date Dawn S. Sunday, Esquire
Custody Conciliator
DORA V. LUVSTER,
Plaintiff,
VS.
BZRNARD W. GIRMAN, JR.,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Case No.: No. 99.6503
CUSTODY ACTION -CUSTODY
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
Bernard W. Girman, Jr, through his Attorney John 11. Broujos, Broujos &s Gilroy, P.C.,
set forth the following.
1. Preliminary Obicction for Failure of the Complaint to Conform to Law or Rule of Court
There is a separate action for custody and visitation filed in the Prothonotary Office of
Cumberland County to No. 97-3373. This action was commenced in 1993 as a result of divorce
proceedings and became identified as a custody/visitation action in Lycoming County,
Pennsylvania. By Order of Court dated April 2, 1997, Judge William S. Keiser of Lycoming
County ordered that jurisdiction of Lycoming County in the matter was declined and jurisdiction
was determined to be in Cumberland County, Pennsylvania, whereby, pursuant to Pennsylvania
Rule of Civil Procedure 19152(a)(4) and 1915.2(d) the Court directed that the file be transferred
to the Prothonotary of Cumberland County, together with all docket entries, processes, pleadings,
and other papers, whereby the matter was docketed to 97-3373. Copy of the Order is attached
hereto and made a part hereof. Paragraph 7 of the Complaint states that the Plaintiff has no
c
information of a custody proceeding concerning the children pending in a Court of this
Commonwealth. This is incorrect.
2. Consequently, the matter constitutes a Petition for Modification.
hn 1. Broujos, Esquire #6268
4 o h Hanover Street
Carlisle, PA 17013
717/243.4374 or 717/766.1690
FAX: 717/243-8227
,
l•
97-- 33'73
IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA
DORA V. GIRMAN,
Plaintiff
vs.
BERNARD W. GIRMAN,
Defendant
CIVIL ACTION - LAW
CUSTODYNISITATION
NO. 93-20,954
PRE-TRIAL CONFERENCE
Back2mun
Pre-Trial Conference Date: April/, 1997
Counsel For Plaintilf(Mothcr): Mark W. Bufalino, Esquire
Counsel For Defendant (Father): T. Max Hall, Esquire
Action: Mother's petition to modify or terminate tho prior custody order, which
was filed on November 15, 1996 and relates to the three children ofthe
marriage ofthc panics (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
Titian M. Girman, date of birth, February 5, 1989. The Mother now
y physical custody of the children or in lieu thereof
seeks to have primer
to have an extensive modification other 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.
Pro-Trial Conferencs
At the Pre-Trial Conference it has been ascertained that the children, who are now in
the primary physical custody of their Father, relocated with the Father from Lycortming County in
August of 1996 and continue to reside with their Father at 438 Pawnee Drive, Mechanicsburg,
Cumberland County, Pennsylvania. The Mother resides at 509 Luzerne Avenue, West Pittston,
Luzerne County, Pennsylvania At the Pre-Trial Conference the Court sua sponte determined that:
t
Lycoming County would not be a convenient form as neither party now resides in Lycoming County;
Cumberland County, which is now the home County of the children would have jurisdiction over the
custody matters; neither attorney had an objection to transferring jurisdiction and venue of this case
to Cumberland County.
Accordingly, it is ORDERED AND DIRECTED, in accordance with 23 Pa. C.S.
§5344 and §5348 that jurisdiction in this matter is declined; jurisdiction is determined to be in
Cumberland 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 certified copies of the docket entries, process, pleadings and
other papers filed in this action; the costs and fees relating to the transfer and removal of the record
shall initially be paid by the Defendant/Respondent, Bernard W. Girman, but shall be taxable as costs
in this case upon ultimate determination of the issues. Payment shall be made immediately upon the
Prothonotary of each respective County advising the Defendant through counsel as to the costs and
fees required.
The Court requests that the Prothonotary of Cumberland County, upon receipt of this Order
and the papers from this case notify the appropriate court scheduling offices and family court officials
2
r
i
of the transfer of this case in order that an appropriate preliminary conference or other proceeding
may be scheduled.
Date: April 2, 1997
BY THE
C
cc: Eileen A. Grimes, CST
Family Court Hearing Officer
Honorable Clinton W. Smith
M. Bufalino, Esquire
225 Wyoming Avenue; West Pittston, PA 18643
iT. Max Hall, Esquire
McNerney, Page, Vanderlin & Hall; 433 Market Street; Williamsport, PA 17701
Prothonotary, Cumberland County Courthouse
I Courthouse Square; Carlisle, PA 17013.3387
3
CO
R? {
i u eSeL
4,
DORA V. LUYSTER,
Plaintiff
V.
BERNARD W. GIRMAN, JR.,
Defendant
AND NOW, this -2,_ day of 1999, upon
consideration of the attached compla nt, its hereby directed
that the parties and their respective counsel appear before
c, Esquire, the conciliator, at
"w orrmrz
SNELOAKEN.
OnENNEFIAN
a SPARE
cannot be accomplished, to define and narrow the issues to be
heard by the court, and to enter into a temporary order. All
children age five or older may also be present at the conference.
Failure to appear at the conference may provide grounds for entry
of a temporary or permanent order.
?. W('c,c?\(' V-_x , Pennsylvania, on
the day of pf , 1999, at ; U o'clock ?_.M.
for a Pre-Hearing Custody Conference. At such conference, an
effort will be made to resolve the issues in dispute; or if this
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
CUSTODY ACTION - CUSTODY
FOR THE COURT,
By: ( t(?wdy `?"Mr?ycy-
Cutody Conciliat
(z
The Court of Common Pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business
before the court. You must attend the scheduled conference or
hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
DORA V. LUYSTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99- L503 ecu?r J~t
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:
Elizabeth Girman
Bernard W. Girman
Tatiana Girman
PRESENT RESIDENCE 8u
438 Pawnee Drive 13
Mechanicsburg, PA 17055
438 Pawnee Drive 12
Mechanicsburg, PA 17055
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.
uw OFFICES
SNCLOANER.
BRENNEMAN 4. During the last five (5) years, the children resided
& SPARE
with the following persons and at the following addresses:
PERSONS
Defendant, Defendant's
Wife, Beth Ann Girman,
and Beth Ann Girman's
sons, Brice Girman and
Brooks Girman
ADDRESSES DATES
438 Pawnee Drive Summer, 1997
Mechanicsburg, PA to present
Defendant, Beth Ann Williamsport to Summer, 1997
Girman, Brice Girman
and Brooks Girman
The mother of the children is Plaintiff Dora V.
ILUyster, who is currently residing at the address indicated in
Paragraph 1, above. She is not married to Defendant.
The father of the children is Defendant Bernard W.
Girman, Jr., who is currently residing at the address indicated
in Paragraph 2, above. He is not married to Plaintiff.
5. The relationship of Plaintiff to the children is that of
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SNELOAKER.
BRENNEMAN
& SPARE
mother. The Plaintiff currently resides with the following
persons:
RELATIONSHIP
James W. Luyster Husband
Jon S. Luyster Stepson
6. The relationship of Defendant to the children is that of l
father. The Defendant currently resides with the following
persons:
NAME RELATIONSHIP
Beth Ann Girman Wife ;f
f
Brice Robertson stepson
Brooks Girman Son
-2-
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
LAW UVPICLu
SNELUAKEII.
ORENNENIA14
a SPAnr
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.
WHEREFORE, Plaintiff Dora V. Luyster requests this Court to
-3-
grant her custody of her children, Elizabeth Girman, Bernard W.
Girman and Tatiana Girman.
Date: October 26, 1999
SNELBAKER, BRENNEMAN & SPARE, P. c.
By: Gd Z?--`
Xe th 0. Brenneman, Esqu re
44 West Main street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Dora V. Luyster
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LAW ornCK5
BNELOAKEN,
BRENNEMAN
a SPAKE
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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. §4904 relating
to unsworn falsification to authorities.
Dora V. LuMter
Date: October 26, 1999
LAw omccs
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BRENNEMAN
a SPARE
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MECHANICSBURG, PENNSYLVANIA 17055
P. O. BOX 315
BERNARD W GIRMAN JR
3707 FALRSTONE ROAD
MECILANICSBURG PA 17055
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KEITH O BRENNEMAN
SNELBAKER, BRENNEMAN 6 SPARE
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JOHN BROUJOS ESQUIRE
BROUJOS 6 GILROY
4 NORTH HANOVER STREET
CARLISLE PA 17013
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DORA V. LUYSTER,
Plaintiff
VS.
BERNARD W. GIRMAN, JR.,
Defendant
: IN THE COLIRT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: 99-6503 CIVIL
IN RE: PETITION TO PERMIT DI OVFRY
ORDER
AND NOW, this 210f day of July, 2002, it rppearing that this petition was
erroneously assigned to the undersigned, this matter is referred to the hearing judge, the
Honorable Edward E. Guido, for disposition.
BY THE COURT,
I /v /Z
Kevi A. Hess, J.
The Honorable EdNnrd E. Guido - /it ,. F Z-1
Keith Brenneman, Esquire
For the Plaintiff /? ar u-4
Andrew Sheely, Esquire ? L ? 02 Da ??
For the Defendant
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DORA V. LUYSTER,
Plaintiff/Petitioner
V.
BERNARD W. GIRMAN, JR.,
Defcndant/Rcspondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6503 CIVIL
CIVIL ACTION - LAW
CUSTODY
STIPULATION FOR AGREED ORDER OF CUSTODY
Plaintiff Dora V. Luyster and Defendant Bernard W. Girman, Jr. hereby stipulate and
agree to the following custody arrangement with respect to their three minor children, Elizabeth
Girman, born December 10, 1985, Bernard Ginnan, born October 13, 1987 and Tatiana Girman,
born February 5, 1989:
1. Dora V. Luyster ("Mother") and Bernard W. Girman, Jr. ("Father") shall have shared
legal custody of Elizabeth, Bernard and Tatiana (the "Children"). Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion.
2. The parties shall have physical custody of the Children as follows:
A. During the Children's summer school vacation, the parties shall alternate having
custody of all three Children on a biweekly basis with the exchange of summer
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 establish the first biweekly period of custody during the
summer break so that Father shall have custody of the Children during Boy Scout
Camp.
B. Beginning with the commencement of the 2002-2003 school year and each school
year thereafter, Mother shall have primary physical custody of the Children. Father
shall have partial physical 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.
C. The parties shall share or alternate having custody of the Children on holidays as
follows:
I. Christmas and New Years. Due to the extended holiday vacation for the
Children which includes both holidays, the parties agree to divide the school
vacation over these holidays into two equal segments, with the first segment
being the first half of the vacation period which includes the Christmas
holiday and the second segment or half of the vacation period which includes
the New Year's holiday. In 2002 and each even numbered year thereafter
Mother shall have custody of the Children during the first half of the vacation
period and rather shall have custody of the Children during the second half of
the vacation period. In 2003 and each odd numbered year thereafter, rather
shall have custody of the Children during the first half of the vacation period
and Mother shall have custody of the Children during the second half of the
vacation period. Each half of a vacation period shall commence at 6:00 p.m.
and end at 6:00 p.m. on the appropriate day.
2. In odd numbered year, the parties shall have custody of the Children during
the holidays specified below:
Easter: Mother
Memorial Day: rather
4'h of July: Mother
Thanksgiving: Father
In even numbered years, rather shall have custody of the Children during
Easter and 4'h of July and Mother shall have custody of the Children
during Memorial Day and Thanksgiving.
3. The holiday schedule shall supersede and take precedence over the regular
custody schedule.
3. Unless otherwise agreed between the parties, all exchanges of custody under this
Order shall take place at the McDonalds restaurant in Frackville.
4. Each party shall provide notice to the other party of any disciplinary problems,
medical problems, and any social or academic issues involving the Child or Children in his or
her custody. The parties acknowledge the importance of sharing information pertaining to the
Children.
5. The parties acknowledge that the custody schedule set forth in this Order reflects the
arrangements which will best serve the interests of the Children under the current circumstances.
The parties agree that neither party shall seek a modification to these arrangements in the
absence of a substantial change in circumstances affecting the Children's interests. The parties
further agree that they will take into consideration the custody preferences of their children with
respect to any future changes in the parties' custody arrangement.
6. The parties may modify the provisions of this Agreement by mutual consent. In the
absence of mutual consent, the terms of this Agreement shall control.
7. The parties agree that this Agreement shall become incorporated in an Order of Court.
Bernard W. an,.-?
Date: e, Z -c2? Z
Dora V. Luystcr
Date:
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DORA V. LUYSTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6503 CIVIL
BERNARD W. GIRMAN, JR., : CIVIL ACTION - LAW
Defendant : CUSTODY
ORDER
AND NOW, this .? day of August, 2002, upon consideration of the Motion
For Order to Confirm Custody Stipulation, it is hereby ORDERED that the Stipulation For
Agreed Order of Custody entered into by the Plaintiff and Defendant is confirmed and
incorporated into this Order.
All prior Orders are vacated and replaced with this Order.
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
Edward J. Guido, J.
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02 AI1G -G Xl Ii: n2
PENNSYI.VMA
}
DORA V. LUYSTER,
Plaintiff
V.
BERNARD W. GIRMAN, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6503 CIVIL
CIVIL ACTION - LAW
CUSTODY
MOTION FOR ORDER TO CONFIRM CUSTODY STIPULATION
Plaintiff Dora V. Luyster, by her attorneys, Snclbaker, Brenneman & Sparc, P. C., hereby
submits this Motion for an Order confirming the parties' custody stipulation as follows:
1. Plaintiff is Dom V. Luyster, an adult individual residing at RR#4, Box 4196, Moscow,
Pennsylvania, 18444.
2. Defendant is Bernard W. Girman, Jr., an adult individual residing at 3707 Falkstone
Road, Mechanicsburg, Pennsylvania, 17055.
3. Plaintiff and Defendant are the natural parents of three minor children: Elizabeth
Girman, bom December 10, 1985, Bernard Girman, bom October 13, 1987 and Tatiana Girman,
born February 5, 1989.
4. The matter of the custody of the parties' three children identifrcd above is the subject
of a custody hearing scheduled before this Court for August 5, 2002 at 9:30 a.m.
5. The parties have resolved all legal and physical custody issues regarding their children
and have documented their resolution and agreement by a Stipulation for Agreed Order of
Custody (the "Stipulation"), a true and correct copy of which is attached hereto and incorporated
LAW OFFICES II by reference herein as "Exhibit A".
SNELBAKER.
BRENNEMAN
& SPARE
6. Pursuant to Paragraph 7 of the Stipulation, the parties agree that their agreement shall
become incorporated into an Order of this Court.
7. Counsel for Defendant, Andrew C. Sheely, Esquire, consents to this Motion being
submitted to the Court.
WHEREFORE, Plaintiff requests this Court to issue an Order confirming the parties'
Custody Stipulation and incorporating same into an Order of this Court.
SNELBAKER, BRENNEMAN & SPARE, P. C.
BY:
Keith 0. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff Dora V. Luystcr
Date: August 2, 2002
LAW OFFICES
SNELBAKER.
BRENNEMAN
2
6 SPARE II
WRIPICATION
I verify that the statements made in the foregoing Motion are true and correct. I
understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unswom falsification to authorities.
I4
Keith 0. Brenneman
Date: August 2, 2002
LAW OFMCCS
SNELOAKER.
BRENNEMAN
& SPARE
DORA V. LUYSTER,
Plaintiff/Petitioner
V.
BERNARD W. GIRMAN, JR.,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6503 CIVIL
CIVIL ACTION - LAW
CUSTODY
STIPULATION FOR AGREED ORDER OF CUSTODY
Plaintiff Dora V. Luyster and Defendant Bernard W. Girman, Jr. hereby stipulate and
agree to the following custody arrangement with respect to their three minor children, Elizabeth
Girman, born December 10, 1985, Bernard Girman, bom October 13, 1987 and Tatiana Girman,
bom February 5, 1989:
1. Dora V. Luyster ("Mother") and Bernard W. Girman, Jr. ("Father") shall have shared
legal custody of Elizabeth, Bernard and Ta?iana (the "Children"). Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-emergency
decisions affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion.
2. The parties shall have physical custody of the Children as follows:
A. During the Children's summer school vacation, the parties shall alternate having
custody of all three Children on a biweekly basis with the exchange of summer
custody to take place on alternating Fridays at 8:00 p.m. The summer custody
schedule shall begin onthe 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 establish the first biweekly period of custody during the
summer break so that Father shall have custody of the Children during Boy Scout
Camp.
B. Beginning with the commencement of the 2002-2003 school year and each school
year thereafter, Mother shall have primary physical custody of the Children. Father
shall have partial physical 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.
F.x11IaIT A
C. The parties shall share or alternate having custody of the Children on holidays as
follows:
Christmas and New Years. Due to the extended holiday vacation for the
Children which includes both holidays, the parties agree to divide the school
vacation over these holidays into two equal segments, with the first segment
being the first half of the vacation period which includes the Christmas
holiday and the second segment or half of the vacation period which includes
the New Year's holiday. In 2002 and each even numbered year thereafter
Mother shall have custody of the Children during the first half of the vacation
period and Father shall have custody of the Children during the second half of
the vacation period. In 2003 and each odd numbered year thereafter, Father
shall have custody of the Children during the first half of the vacation period
and Mother shall have custody of the Children during the second half of the
vacation period. Each half of a vacation period shall commence at 6:00 p.m.
and end at 6:00 p.m. on the appropriate day.
2. In odd numbered year, the parties shall have custody of the Children during
the holidays specified below:
Easter: Mother
Memorial Day: Father
4`s of July: Mother
Thanksgiving: Father
in even numbered years, rather shall have custody of the Children during
Easter and 4's of July and Mother shall have custody of the Children
during Memorial Day and Thanksgiving.
3. The holiday schedule shall supersede and take precedence over the regular
custody schedule.
3. Unless otherwise agreed between the parties, all exchanges of custody under this
Order shall take place at the McDonalds restaurant in Frackville.
4. Each party shall provide notice to the other party of any disciplinary problems,
medical problems, and any social or academic issues involving the Child or Children in his or
her custody. The parties acknowledge the importance of sharing information pertaining to the
Children.
5. The parties acknowledge that the custody schedule set forth in this Order reflects the
arrangements which will best serve the interests of the Children under the current circumstances.
-2-
r
The parties agree that neither party shall seek a modification to these arrangements in the
absence of a substantial change in circumstances affecting the Children's interests. The parties
further agree that they will take into consideration the custody preferences of their children with
respect to any future changes in the parties' custody arrangement.
6. The parties may modify the provisions of this Agreement by mutual consent. In the
absence of mutual consent, the terms of this Agreement shall control
7. The parties agree that this Agreement shall become incorporated in an Order of Court.
Cli
Bernard W. an,. Dorn V. Luyster
Date: 8 -2 -o Z Date: L
-3-
CERTIFICATE OF SERVICE
1, KEITH 0. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Motion to be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS:
Andrew C. Sheely, Esquire
127 S. Market Street
P. 0. Box 95
Mechanicsburg, PA 17055
Keith 0: Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. 0. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Dora V. Luyster
August 2, 2002
uw OFFICES
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BRENNEMAN
& SPARE
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DORA V. LUYSTER,
Plaintiff
Vs.
BERNARD W. GIRMAN, JR.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
99 - 6503
ORDER OF COURT
AND NOW, this 14,*lk day of 'a ? , 2004, upon
consideration of the Motion for order to Confirm Custody
Stipulation, it is hereby ORDERED that the Stipulation for Agreed
order of Custody entered into by the Plaintiff and Defendant is
confirmed and incorporated into this Order.
All conditions of the prior Order dated August 5, 2002 shall
remain in full force and effect, subject to the modifications as set
forth in the attached Stipulation.
Edward J. Guido, J.
Dora V. Luyster, Pro Se
?ndrew C. Sheely, Esquire
Attorney for Defendant
Andrew C. Shealy, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID No. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
DORA V. LUYSTER,
Plaintiff
Vs.
BERNARD W. GIRMAN, JR.
Defendant
IN THE COURT OF COMMON PLEAS OF
s CUMBERLAND COUNTY, PENNSYLVANIA
s
CIVIL ACTION - CUSTODY
99 - 6503
STIPULATION FOR AGREED ORDER OF CUSTODY
Plaintiff, Dora V. Luyster, and Defendant, Bernard W. Girman,
Jr., Defendant, hereby stipulate and agree to the following custody
arrangement which modifies their Agreement dated July 31, 2002.
This Stipulation and Agreement is limited to their minor child,
Bernard Girman, born October 13, 1907, and all other provisions of
the July 31, 2002 Stipulation, as approved by Court Order dated
August 5, 2002, shall remain in full force and effect, subject to
these modifications:
1. Dora V. Luyster ("Mother.") and Bernard W. Girman, Jr.
("Father") shall have shared legal custody of Bernard Girman. Each
parent shall have an equal right, to be exercised jointly with the R
other parent, to make all major non-emergency decisions affecting
Bernard Girman's general well-being, including, but not limited to,
all decisions regarding his health, education and religion. z
2. Dora V. Luyster ("Mother") and Bernard W. Girman, Jr.
;cz
("Father") shall have physical custody of the minor child, Bernard Y
Girman, as follows:
A. Effective as of July 24, 2004, Father shall have
primary physical custody of the minor child, Bernard Girman.
Mother shall have partial physical custody of the child Bernard
Girman 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. During summer school vacation, Father and mother shall
alternate custody on a bi-weekly basis with the exchange of
summer 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 establish the first bi-weekly
period of custody during the summer break so that Father shall
have Custody of Bernard Girman during Boy Scout Camp, if
applicable.
3. All other provisions of July 31, 2002 Stipulation and
Agreement as incorporated by Court Order dated August 5, 2002, shall
remain in full force and effect.
4. The parties agree that this Stipulation and Agreement shall
be incorporated as an order of Court.
Bernard W. Gf l n, Jr.
Date: August 09 , 2004 Date: August D( , 2004
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ANDRI I C. SI IIMIN AUG 11 2004 N
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P.O. Bon 45
Mahmi burg, Prmuylr.mi., 1705:;
August 10, 2004
Taryn N. Dixon, Cumberland County
Court Administrator
One Courthouse Square
3rd Floor (Bixler Building)
Carlisle, PA 17013
RE: Luyster v. Girman. 99.6503
Dear Court Administrator Dixon:
Enclosed for submission to the Honorable Edward J. Guido is an original
stipulation and Order of Court. I am enclosing an envelope for the Plaintiff who is now
appearing pro se. These items have been filed with the Prothonotary.
I have provided a courtesy copy of the enclosed stipulation and Order of Court
to Keith O. Brenneman, Esquire, who is aware of this stipulation and agreement but
has not been authorized to represent the Plaintiff in this matter.
Should you have any questions, please advise.
Very my y-
A REW C. SHEELY
ACS/bmk
Enclosures
c: Bernard W. Girman, Jr.