HomeMy WebLinkAbout02-3296
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COURT OF COMMON PLEAS
CIVIL ACTION SUITS
NUMBER-YEAR
6029-C 1992
Attorney
Filing Date
10-29-92
3:40 P.M.
Plain tiff
I
VS.
Defendant
VIVIAN L. MASHAS
929 S MARKET ST.
Nl\NTICOKE, PA.
EDWARD D. MASHAS
929 S MARKET ST.
NANTICOKE, Pa.
1. NOW, October 29, 1992 AFFIDAVIT OF INABILITY TO PAY
COSTS, PRO SE FORM PETITION FOR PROTECTION FROM ABUSE
ORDER, PRO SE FORM TEMPORARY ORDER, NOTICE OF
RAMIFICATIONS OF VIOLATION, NOTICE TO DEFEND, ORDER FOR
HEARING filed.
AND NOW, this 29th day of October , 19 92
upon review of the Petition of Plaintiff, the Court
enters the following Temporary Order:
1. The Defendant shall refrain from abusing,
harassing and threatening the Plaintiff (and the minor
child(ren)) or placing her (him, them) in fear of
abuse in any place where she (he, they) may be found.
2. ( Xl Defendant is enjoined and prohibited from
living at, entering, attempting to enter or visiting
the residence located at 929 S. Market St., Nanticoke,
Luzerne County,
Pennsylvania, and any subsequent residence in which
Plaintiff resides during the pendency of this Order,
and Plaintiff is granted exclusive possession of the
premises.
OR ( ) Defendant is enjoined and prohibited from
living at, entering, attempting to enter or visiting
the residence of Plaintiff located at a confidential
address within this County, which address remains
confidential to protect Plaintiff from the danger of
future abuse by Defendant, and any subsequent
residence in which Plaintiff resides during the
pendency of this Order, and Plaintiff is granted
exclusive possession of the premises.
O~ -.3:81c. G~~ t
.
I
ENTRY BY:
Summons
Complaint X
Petition
Appeal
Revival
ACTION IN:
Trespass ( )
Assumpsit ( )
Habeas Corpus ( )
Divorce ( )
Mortgage Foreclosure ( )
Change of Name ( )
Ejectment ( )
Quite Title ( )
Appt. of Viewers ( )
Replevin ( )
Declaration of Taking ( )
Forma Pauperis ( )
Mental Health ( )
Protective Order ( ) ~
Magistrate Appeal ( )
( )
Service By SHF:
10-311-92
Date of Return:
3. The Defendant is prohibited from having any contact with the Plaintiff,
including, but not limited to, entering the place of employment, business or
school of the Plaintiff (and the minor child{ren)) and harassing the Plaintiff
and Plaintiff's relatives or minor children.
4. The Plaintiff is awarded temporary custody of the minor child (ren)) ,
Andrew Mashas & Amanda Mashas
5. The Defendant is directed to immediately relinquish the following weapons
to the Sheriff of this County:
OVER
Filing Fee
Sheriff
Prothonotary
Masters Fee
Escrow Funds
Judgment
Amount
County
Date Rec'd
10-29-92
Signature
ate
CERTIFIED FROM Tt-IE RECOR S THIS
LDAY OF ..J W'! A.. 200,^
JILL A. M R OTHONO RY
PER
6029-C OF 1992
1. Continued
6. The Defendant is ordered to provide the following additIonal relief:
7. This Order shall be enforced by any law enforcement agency ina county
where a violation of this Order occurs.
8. Law enforcement ~fficers, the staff of the county registry of
protection orders, and court personnel shall not disclose the address of the
domestic violence program and any confidential address of Plaintiff to the
Defendant, his counselor any third party.
9. A copy of this Order shall be served on the pOlice department(s) in the
jurisdictions where Plaintiff resides and is employed. This Order shall
likewise, be served on the state police. A copy of this Order shall be
forthwith filed in the county registry of protection orders. The Sheriff (the
Prothonotary, Plaintiff's counsel, Plaintiff,
(specify other adult individual)) is directed to serve and file the
aforementioned copies of this Order without prepayment of costs. Said copies
shall be certified.
10. This Order shall remain in full
terminated by this Court.
11. A hearing will be held on the 10th day of November , 19 92
at 8: 30 0 I clock A.M., in Orphans I Court Room, Courthouse Annex
located on North Street, Wilkes-Barre, Pennsylvania.
force and effect until modified or
,
II,
12. THIS IS AN ORDER OF COURT.
CONSTITUTE CONTEMPT OF COURT AND MAY BE
AND A JAIL SENTENCE OF UP TO SIX MONTHS.
BY THE
MUNDY,
ANY VIOLATION OF THIS ORDER SHALL
PUNISHABLE BY A FINE UP TO $1,000.00
COURT:
J.
NOTICE OF RAMIFICATIONS OF VIOLATION
ANY VIOLATION OF THIS PROTECTION ORDER WILL CONSTITUTE CONTEMPT OF COURT AND
MAY BE PUNISHABLE BY A FINE UP TO $1,000.00 AND A JAIL SENTENCE OF UP TO SIX
MONTHS.
If this Order excludes you from the residence of the abused and you resume
residence in that domicle, you may be in indirect criminal' contempt and
punishable as above. Consent of the abused or Plaintiff to the resumption of
residence shall not invalidate this Order.
Dated: 10-29~92
BY THE COURT:
MUNDY, J.
ORDER FOR HEARING
A hearing on the Petition for Protection Order has been scheduled for the
10th day of November , 19 92 , at 8:30 o'clock A .M. in
Orphans' Court Room, Courthouse Annex II, located on North Street, Wilkes-
Barre, Pennsylvania. The Defendant is ordered to attend.
Date: 10-29-92
BY THE COURT:
MUNDY, J.
2. SHEIRFF'S RE TURN FILED NDV.2. 1992.
3. NOW, November 10, 1992 PROTECTION FROM ABUSE ORDER/DISPOSITION filed.
AND NOW, this 10th day of NOVEMBER, 1992, after hearing, it is
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ORDERED:
X Defendant is directed to refrain from causing or attempting to cause
physical injury to Plaintiff, from placing Plaintiff in fear of bodily injury
and from harassing Plaintiff.
X Defendant is prohibited from having personal contact, telephone contact
and any other contact with Plaintiff and from entering the place of employment,
business or school of Plaintiff. Call solely to arrange for visits.
Plaintiff is granted exclusive possession of the residence located
at
929 S. Market St., Nanticoke.
Plaintiff is awarded temporary legal and physical custody of ,minor
child (ren) all and Defendant is awarded partial custody of the child (ren) at
the following times to be aqreed by parties.
X A Master's Hearing regarding Custody is scheduled for at
Hearing Room 335, Court House Annex II, 113 West North Street, Wilkes-Barre,
PA 18711. Dec. 11 - 11 A.M.
Continued on 6029-C of 1992 (1)
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VIVIAN L. MASHAS
VS.
6029-C OF 1992 (11
EDilARD D. MASHAS
3. Continued
Costs are to be paid by: 50.50 PROTHONOTARY 25.00 SHERIFF
$75.50 TOTAL
X Defendant.
X THIS ORDER SHALL BE FOR A PERIOD OF TIME OF ONE YEAR OR UNTIL
FURTHER ORDER OF THE COURT.
VIOLATION OF THIS ORDER IS PUNISHABLE BY A FINE AND IMPRISONMENT
COPIES TO BE SERVED UPON: PLAINTIFF, DEFENDANT, COMMUNICATIONS CENTER
AND POLICE DEPARTMENT.
BY THE COURT:
MOROSKI, J..
4. NOil, December 22, 1992 ORDER OF COURT filed.
NOW, this 18th day of December, 1992, after pre-trial conference before
John C. Eichorn, Esquire, Master in Custody and Visitation, and based upon
his recommendation, it is hereby ORDERED AND DECREED as follows:
I. The partias, Vivian L. Mashas and EdwardD. Mashas, shall have shared
legal custody of their minor children, Andrew Mashas ~nd Amanda Mashas, with
primary physical residence of said children being with their mother, Vivian
L. Mashas.
father, Edward D. Mashas, shall have partial custody of his rninc'r
Andrew Mashas and Amanda Mashas, based upon the following
2. The
childr.::mt
schedule:
(a) On th~ first and third weekend of each and every month
frm,t Friday at 5:00 p.m. until Saturday at 6:00 p.m.
(0) On the second and fourth weekend of each and every
month from Saturday at 9:00 a.m. until Sunday at 3:00 p.m.
(c) During any month in which there is a fifth weekend,
the father shall have an additional partial custody
period on that weekend from Friday at 5:00 p.m. until
Sunday at 3:00 p.m.
(d) The f~ther shall be entitled to an additional
period of partial custody with the children during the
, week as mutually a:;reed upon by the parties.
3. The father r,~~lall have partial custody of his minor children on Easter
Sunday and Thanksgiving Day from 3:00 p.m. until 9:00 p.m.
4. '..;he father shall have partial custody of his minor children on
Christmas Eve from 12: 00 noon until 9: 00 p.m. Further t the father shal!
have an additional partia! custody period with his minot' children during
the Christmas vacati0n from schoo!, with exact dates and times to be
mutUAlly agreed upon by the parties.
5. The parties shall alternate physical custody of their minor children
for the holidays of ~ew Year's Day, Memorial Day, Fourth of July and Labor
Day, with the fathe::::- having physi.ca! custody of the children on New Year I s
Day, 1993.
6. The father ,jhal! have a period of paJ.~tial custody with his minor
children on Halloween with the exact times to be mutually agreed upon by
and between the parties.
7. Both parties shal! have an additional periOd of custody/partial
custody with the minor children at or near the parties' birthdays.
8. The minor children shall be with their mother on Mother's Day and
shall be with their father on Father's Day.
9. The father shall have iln additional periOd of partial cus'cody with
the minor children at or near the children' :_; birthdays with the exact dates
and times to be mutually agreed upon by the parties.
10. Each party shall be euti tIed to two (2) two-week periOdS for sunnner
vacation purposes with the minor children with the exact dates and times
to be mutually agreed upon by and between the parties. During this summer
vacation period, the noncustodial ')arl':mt shall be entitled to two (2)
overnight periods of custody/partial custody with the chi!dren during each
of the two-week periods.
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4. Continued
11. There shall be reasonable notice if a scheduled period of partial
custody cannot take place and a make-up period shall be offered within a
reasonable time frame.
12. The father shall provide all transportation necessary to effectuate
his periods of partial custody with the minor children; however, if the
mother's work schedule permits, she shall provide one-half of the
transportation.
13. The parties shall share all relevant social, medical, and educational
information regarding their minor children in a timely and forthright
manner.
14. There shall be reasonable telephone contact at all times between the
minor children and the noncustodial parent.
15. Neither party shall make any disparaging remarks about the other
party in the presence of the minor children.
16. Neither party shall 'relocate the minor children from Luzerne County,
Pennsylvania without prior Court approval.
COMPLIANCE HEREWITH IS DIRECTED.
BY THE COURT:
MUROSKI, J e
5. ACCEPTANCE OF SERVICE. FILED JULY 26, 1993,
6. NOW, February 16, 1994 ORDER OF COURT filed.
AND NOW this 24 day of January, 1994, at the request of Edward
Mashas, a confer~nce before a Master in Custody and Visitation is scheduled
for Tuesday, February 22, 1994, at 10: 30 A.M., Hearing .Room 335, Courthouse
Annex II, 113 West North Street, Wilkes-Barre, Pennsylvan1a.
BY THE COURT:
KlJROSKI. J.
7. NOW, March 1, 1994 AMENDED ORDER filed.
NOW, this 23rd day of February, 1994, after pre-trial conference
before John C. Eichorn, Esquire, Master in Custody and Visitation, and based
upon his recommendation, it is hereby ORDERED AND DECREED as follows:
1. The parties, Vivian L. Mashas and Edward D. Mashas, shall have
shared legal custody of their minor children, Andrew Mashas and Amanda Mashas,
with primary physical residence of said children being wi th their mother,
Vivian L. Mashas.
2. The father, Edward D. Mashas, shall have partial custody of his
minor children, Andrew Mashas and Amanda Mashas, based upon the following
schedule:
(a) On alternating weekends from Friday at 6:00 p.m. until
Sunday at 3:00 p.m., commencing Friday, March 4th, 1994.
3. The father shall have partial custody of his minor children on
Easter Sunday and Thanksgiving Day from 3:00 p.m. until 9:00 p.m.
4. The father shall have partial custody of his minor children on
Christmas Eve from 12:00 noon until 10:00 p.m. The mother shall be permitted
to pick the children up for mass on Christmas Eve at 4:45 p.m. and return the
children to the partial custody of the father at 6:15 p.m.
5. The father shall be entitled to an additional partial custody
period with the minor children during the children's Christmas vacation from
school with the exact dates and times for same to be mutually agreed upon by
and between the parties.
6. Each party shall be entitled to four (4) weeks of summer vacation
with the minor children, with no more than two (2) weeks being consecutive,
provided that the parties give each other reasonable notice of the exact dates
and times selected to exercise same. Further, if the father decides to stay
at his mother's home in Kingston, he shall be afforded an additional two-week
period of partial custody with the minor children to take place during the
daytime hours when the mother is working.
7. The parties shall a1 tern ate physical custody of their minor
children for the holidays of Memorial Day, Fourth of July, Labor Day and New
Year's Day with the father having physical custody of the children for
Memorial Day, 1994.
8. The father shall be responsible for the transportation necessary
to effectuate his partial custody periods with the minor children. However,
the mother shall take the children to the paternal grandmother I s home in
Kingston at the commencement of the father's partial custody periods and then
again pick the children up at the paternal grandmother's home at the
conclusion of the father's partial custody periods.
continued on 6029-C of 1992 (2)
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VIVIAN L. MASHAS
VS.
6029-C OF 1992 (2)
EDWARD D. MASHAS
7. Continued
9. The father shall have a period of partial custody with his minor
children on Halloween with the exact times to be mutually agreed upon by and
between the parties.,
10. Both parties shall have an additional period of custody/partial
custody with the minor children at or near the parties' birthdays.
11. The minor children shall be with their mother oIl; Mother I s Day
and shall be with their father on Father's Day.
12. The father shall have an addi tionalperiod of partial custody
with the minor children at or near the children's birthdays with the exact
dates and times to be mutually agreed upon by and between the parties.
13. There shall be reasonable notice if a scheduled period of partial
custody cannot take place and a make-up period shall be offered within a
reasonable time 'frame.
14. The parties shall share all relevant social,
educational information regarding their minor children in
forthright manner.
15. There shall be reasonable telephone contact at all times between
the minor children and the noncustodial parent.
16. Neither party shall make any disparaging remarks about the other
party in the presence of the minor children.
17. Neither party shall relocate the minor children from Luzerne
County, Pennsylvania, without prior Court, approval.
COMPLIANCE HEREWITH IS DIRECTED.
BY THE COURT:
MUROSKI, J.
medical,
a timely
and
and
B. NOW, June 22. 1994 INTERIM ORDER filed.
NOW, this 21st day of June, 1994, following a Master's Hearing In this matter before
John C. Eichorn, Esquire. Master In Custody and Visitation. and based upon his recommendation,
It is hereby ORDERED AND DECREED as follows:
1. For the period from Monday, July lBth. 1994, to Monday, August 1st, 1994, the
children. Andrew Mashas and Amanda Mashas. shall be In Vacation Bible School/day care from
Monday through Friday each week from B:45 a.m. until 4:30 p.m. or earlier, if possible,
2. The father, Edward O. Mashas, shall have partial custody of his minor children,
Andrew and Amanda, during that time period on weekdays from after day care a;nd overnight
until the following day when the father shall return the children to Vacation Bible School/
day care. During that time period. the mother, Vivian L. Mashas, shall have the children
from Saturday, July23rd, 1994. at 9:00 a.m. until Monday, July 25th, 1994, when she shall
return the children to day care. Further, the mother will have the children from Friday.
July 29th, 1994. when she picks the children up from day care until Sunday, July 31st, 1994.
at 6:00 p.m. when the mother shall return the children to the father. Further, the mother
shall have the children on July 20th and July 27th, 1994. from after day care until 7:30
p.m. those days.
3. The prior Orders In this matter shall remain in full force and effect except as
Inconsistent with the terms of this Order.
COMPLIANCE HEREWITH IS OIRECTEO.
BY THE COURT:
MUROSKI,J.
9. NOW, JULY, B, 1996, PETITION FOR REVIEW CONFERENCE, EXHIBITS, ORDER OF
COURT FILED.
AND NOW, this 8th day of July, 1996, upon consideration of the within
Petitipn and upon motion of Anthony J. Lumbis, Esq., it ia hereby ordered
that a review conference be scheduled in the above captioned matter for
September 10, 1996, at 10:30 olclock a.m., in Orphan's Court, Courthouse
Annex II, 113 West North Street, Wilkes-Barre,PA 18711.
BY THE COURT:
MUROSKI, J.
(0 NOW 'S ulrJJ (?j;'CERT. OF SERVICE FilED,
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11. NOW, November 27, 1996 ORDER OF COURT filed.
NOW, this 21st day of November, 1996, after pre-trial conference before
John C. Eichorn, Esquire, Master in Custody and Visitation, and based upon his
recommendation, it is hereby ORDERED AND DECREED as follows:
1. The parties, Vivian L. Mashas and Edward D. Mashas, shall have shared
legal custody of their minor children, Andrew Mashas and Amanda Mashas, with
primary physical residence of said children being with their mother, Vivian
L. Mashas.
2. The father, Edward D. Mashas, shall have partial custody of his minor
children, Andrew Mashas and Amanda Mashas, based upon the following 'schedule:
(a) On alternating weekends from Friday at 6:00 p.m. until
Sunday at 5:00 p.m., commencing Friday, November 22nd, 1996.
3. The father shall have partial custody of his minor children in even-
numbered years for the Thanksgiving holiday from the wednesday prior to the
holiday at 6:00 p.m. until the Friday after the holiday at 6:00 p.m. The minor
children shall be with their mother for the Thanksgiving holiday in odd-
numbered years.
4. The father shall have partial custody of his minor children for the
Christmas holiday from Christmas Day at 3:00 p.m. until December 28th at 5:00
p.m.
5. The father shall have partial custody of his minor children in even-
numbered years for the Easter holiday from Holy Saturday at 4 :-00 p.m. until
Monday at 6: 00 p.m., unless the minor children have school on the following
Monday. In that event, the father shall pick the children up on Saturday at
1:00 p.m. and shall return them to their mother on Sunday at 6:00.p.m. The
minor children shall be with their mother for the Easter vacation in odd-
numbered years.
6. The father shall have physical custody of his minor children each year
for the Fourth of July, and the mother shall have physical custody of the minor
children each year for Memorial Day. The parties shall alternate physical
custody of their children for Labor Day each year with the mother having
physical custody of the children for Labor Day in 1997. When the father has
physical custody of the children any particular year for the Labor Day holiday
and it follows the father's regular weekend of partial custody, the father
shall keep the children Sunday evening through Monday at 6:00 p.m.
7. The minor children shall be with their mother for the weekend of
Mother's Day and shall be with their father for the weekend of Father's Day.
8. The father shall be entitled to five (5) weeks of summer vacation with
h1s minor children each year to commence on the Monday closest to July 1st of
each year. However, the father shall reimburse any coordinated child care
expenses necessary to hold the children's place in day care.
9. During the father I 5 sununer vacation period, the mother shall have
partial custody of the children on alternating weekends from. Friday at 6:00
p.m. until Sunday at 5:00 p.m.
10. Neither parent shall consume alcoholic beverages to excess during
their periods of custody/partial custody with the minor children.
11. The father shall be afforded an additional period of partial custody
with his minor children on Halloween with the exact times for same to be
mutually agreed upon between the parties.
12. The father shall be afforded an additional period of
with his minor children on or around each child I s birthday
father's birthday with the understanding that the mother
children on or around her birthday.
13. The parties shall provide each other with reasonable notice if a
scheduled period of partial custody cannot take place and a make-up period
shall be offered within a reasonable time frame.
partial custody
as well as the
shall have the
14. The parties shall share all relevant social, mediQal, and educational
information concerning their minor children in a timely and forthright manner.
15. The noncustodial parent shall have reasonable telephone contact with
the minor children at all times.
16. Neither parent shall make disparaging remarks about the other parent
in the presence of the minor children.
17. Neither parent shall relocate out of Luzerne County, Pennsylvania,
without prior Court approval.
COMPLIANCE HEREWITH IS DIRECTED.
BY THE COURT. STEVENS, J.
continued on
6029-C of 1992 (3)
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EDWARD D. MASHAS
VIVIAN L. MASHAS
VS.
6029-C of 1992(3)
--,---,-".-._._.'-~
12. NOW, December 9, 1996 ORDER OF COURT filed.
AND NOW this 9 day of December, 1996, upon the request of the Plaintiff
and upon the' Agreement of Counsel, the Custody Hearing scheduled for December 12,
1996 at 11:00 a.m. is hereby continued until the 18 day of February, 1997 at 1
o'clock P.M.
BY THE COURT:
STEVENS, J.
13. NOW, January 8, 1997, ORDER, and PETITION FOR CONTINUANCE, Filed.. ------.-
Now this 2 day of January, 1997 upon consideration of the within petition,
it is hereby Ordered that the hearing scheduled in the above captioned matter for
January 3, 1997 at 1:00 p.m. is continued to February 18, 19~7 at 11:00 o'clock
A.M. Other Counsel does not approve.
BY THE COURT:
MOROSKI, J..
14. NOW, this 25th day of February, 1997 ORDER has been filed.
NOW, this 21st day of February, 1997, following a hearing in this matter, the_
Court enters the following Order:
1~The Court denies the Motion of the father, Edward D. Mashas, to modify the
existing transportation arrangement. Transportation as outlined in this Court's
Order of December 18,1992 shall remain in full force and effect. -----------~
2. The Court on its own motion directs that on the alternating weekends when .'-'-__H'__~'
the minor children are in the father's custody and the children are off from schoo~:~:~:
on that Monday due to a holiday, the father shall be permitted to keep the cbild- --------
ren overnight on Sunday through Monday and shall return the children to their .. .:.~--===--.
Mother on Monday at the regular Sunday return time. - - -~--
3. Upon the father's request the court hereby directs Valley Counseling As so- .- -----------
ciates,P.C. to conduct a Comprehensive Custody Evaluation of the minor children
Andrew Mashas and Amanda Mashas, as well as their parents, Vivian L. Lambert and
Edwrad D. Mashas. Both parents' shall contact Dr. Lenora Herrmann-Finn of Valley
Counseling Associated,P.C. whose telephone number is 343-3969, within seven (7)
days of receipt of this order to make the necessary arrangements for their initial
interviews. The father Edward D. Mashas shall be responsible for paying all fees
assessed by Valley Counseling Associates for services rendered in this matter~
Upon completion of the comprehensive evaluation, Valley Counseling Associated
shall submit a written report to this Court detailing their findings and recom-
mendations in this matter.
COMPLIANCE HEREWITH IS
DIRECTED.
BY THE COURT:
MUROSKI, J.
15. NOW, March 24, 1997, RULE TO SHOW CAOSE, PETITION FOR CONTEMPT, filed.
NOW, this 24 day of March, 1997, upon consideration of the within Petition
and upon motion of Anthony J. Lumbis, Esquire, it is hereby ordered, that Respondent
Vivian L. Lambert show cause why she should not be held in contempt.
Rule Returnable: 4/22/97 at 9 a.m. in Orphans' Court, Courthouse Annex II,
113 West North STreet, Wilkes-Barre, PA. 18711.
BY THE COURT:
MUROSKI, J.
16. NOW, March 26, 1997, CERTIFICATE OF SERVICE, Filed.
[....--.---
17. NOW, April 18, 1997 ORDER OF COURT filed.
AND NOW, this 18 day of April, 1997, the hearing scheduled for Tuesday,
April 22, 1997, at 9: 00 a.m. is hereby continued to the 8 day of May, 1997,
at 9:00 A.M.
18, NOW, May 9, 1997, ORDER,
NOW, this 8th day of May,
enters the following Order:
1. It becomes obvious to this Court after hearing from the parties and argument
of counsel that the Court inadvertently referred to the Order of Court dated
December 18th, 1992, when, in fact, it should have referred to the Court Order in
this matter dated February 23rd, 1994, when this Court issued its Order dated
FEbruary 21st, 1997.
2. Therefore, the Court, in restating the Order of February 21st, 1997, denies
the request of the father, Edward D. Mashas, to modify the existing transportation
arrangement. Transportation as outlined in this Court's Order dated February 23rd,
1994, shall remain in full force and effect.
3. In all other respects, the prior Court Orders in this matter shall remain in
full force and effect except as inconsistent with this Order.
COMPLAINCE HEREWITH IS DIRECTED.
BY THE COURT:
MUROSKI, J.
BY THE COURT:
. MUROSKI, J.
f11ed.
1997, following
(,:-:-:-:-~_:-'-._--==:
a hearing in this matter, the Court
I."'-~--
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19. NOW, June 25, 1997 PETITION FOR REVIEW CONFERENCE, VERIFICATION, ORDER OF
COURT filed.
AND NOW, this 20 day of June, 1997, upon consideration of the within
Petition and upon motion of Anthony J. Lumbis, Esquire, it is hereby ORDERED
and DECREED that a Review conference in the above-captioned matter be held on
August 13, 1997 at 9:00 o'clock A.M. in Orphans' Court, Luzerne County
courthouse Annex II, 113 west North street, Wilkes-Barre, pennsylvania.
BY THE COURT:
MUROSKI. J.
d(JIOW-:5 vly II'i91
CERT. OF SERVICE FILED. '1\.. ~
t1 NOW 5--' OtYU'
22.
CERr. OF SERVICE FIlED.
NOW, THIS 20m DAY OF-HAY, 2002, :RIJLE TO SHOW, CAUSE, PETITION :roR. TRABS:rER., fiLED.
vw
BOW this 10th day of May,Z002 upon consideration of the within Petition for Transer,
Respondent is hereby ruled to show cause why jurisdiction in the ~bove-captioned
matter should not be transferred to Cumberland County.
RULE KETURNABLK HORDAY, HAY 20, 2002 at 10:30 o'clock A.M. in Orphan's Court, Bernard
C. Brominski Building, 113 W. North Street, Wilkes-Barre, PEBNSYL~~
BY TIIIl COURT
CAPPELLIlU, J ~
23.
ROW, THIS 20TH DAY 01', MAY, 2002, ORDEB., fiLED.
AND NOW, this 20th day of May, 2002, upon consideration of the within Petition
and upon motion of Anthony J. Lumbis, Esquire, it is hereby ORDEBED and DECREED that
the above captioned action is transferred to Cumberland County. petitioner, Edwa~d
Mashas shall be responsible for filing all necessary document~ to effectuate this
transfer and for paying any and all costs related to the transfer.
BY TIIIl COURT:
MUROSKI, J.
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Plaintiff
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
vs,
CIVIL ACTION--LAW
PROTECTION FROM ABUSE
EOW Rr-fLA)
D - /'YliJ;s H:fJ5
Defendant
NO, 1tt1:JJl L OF
191;;--
PRO SE FORM
TEMPORARY ORDER
AND NOW, this
& "l fh day of lYe TO App__
, 19~
upon review of the Petition of Plaintiff, the Court enters the
following Temporary Order:
1, The Defendant shall refrain from abusing, harassing 'illd c':'-<, ,
N ~-.:~,
threatening the Plaintiff (and the minor chlldCren]) or placln~he~~._
-4 :.:1........: T'\
-r ----
(him, them) In fear of abuse In any place where she (he. they)~ay~~[~
(J C) r-";
--0 c') -',"-
~ c:. )~"
:7 -;"\
found.
2.
(0
Defendant Is enjoined and prohibited from
't?
z:-
Ilvln~t,
entering, attempting to enter or visiting the residence located at
'1,<1 S mMKP:I ST;
Street Address
, /() ~mJr;' r/JA e-
CI ty (Township)
LU7_~n~
County
Pennsylvania, and any subsequent residence In which Plaintiff resides
during the pendency of this Order, and Plaintiff Is granted exclusive
possession of the premises.
OR ( ] Defendant Is enjoined and prohibited from living at,
entering, attempting to enter or visiting the residence of Plaintiff
located at a confidential address within this County, which address
remains confidential to protect Plaintiff from the danger of future
abuse by Defendant, and any subsequent residence In which Plaintiff
resides during the pendency of this Order, and Plaintiff Is granted
G:7'UB".
possession of the premises.
3, The Det"endant Is prohibited from having any contact with the
Plaintiff. Including. but not limited to, entering the place of
employment. business or school of the Plaintiff (and the minor
chlld[renJ) and harassing the Plaintiff and Plaintiff's relatives or
minor children.
4, The Plaintiff Is awarded temporary custody of the minor
ch I I d [ r e n J ,J} f) () '_E= v.. ) fYl11fdfA,e:, rI- ftm f+10 t:> h M ,+.<:;HAC;-
(Name[sJ of chlld[renJ)
5. The Defendant Is directed to Immediately relinquish the
following weapons to the Sheriff of this County:
6. The Defendant Is ordered to provide the following additional
relief:
7. This Order shall be enforced by any law enforcement agency In
a county where a violation of this Order occurs.
8. Law enforcement officers, the staff of the county registry of
protection orders. and court personnel shall not disclose the address
of the domestic violence program and any confidential address of
Plaintiff to the Defendant, his counselor any third party.
9. A copy of this Order shall be served on the pollee
department(s) In the Jurisdictions where Plaintiff resides and Is
employed. This Order shall, likewise. be served on the state pollee.
A copy of this Order shall be forthwith filed In the county registry
of protection orders. The,Sherlff (the Prothonotary, Plaintiff's
counsel. Plaintiff, ....y),eJr,'f-f [speclfy.other
adult Individual]) Is directed to serve and file the aforementioned
copies of this Order without prepayment of costs. Said copies shall
be certified.
J'
10. This O~de~ shal I ~emaln In full fo~ce and effect untl I
modified o~ te~mlnated by this Cou~t.
11, A hea~lng shall be held on
'-1z~~/ ,199~ at
-M
the I (/ day of
f;3d o'clock /1:.,M., In
O~phans' Cou~t Room, Cou~thouse Annex II. located on No~th St~eet,
Wllkes-Ba~~e. Pennsylvania.
12. THIS IS AN ORDER OF COURT. ANY VIOLATION OF THIS ORDER
SHALL CONSTITUTE CONTEMPT OF COURT AND MAY BE PUNISHABLE BY A FINE UP
TO $1.000.00 AND A JAIL SENTENCE OF UP TO SIX MONTHS.
BY THE COURT.
J.
.
-v i ii/A?J L, fY) ASff As ,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION--LAW
PROTECTION FROM ABUSE
FI'\ltJ ft1(./tL'O. }YJ PrsffiJ8
Defendant
NO'~Ojfe- OF
194;;;--
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT, The Plaintiff Is the person suing
you. Attached Is a copy of the Petition which Indicates the relief
the Plaintiff Is requesting. Also Included In the Petition are
Plaintiff's reasons for this request.
co
If you do not appear at the hearing scheduled below, ~ Order
o N::::-j
("") 0'1 C)
requested by Plaintiff may be granted In your absence, and~u~,~~~~
co "lC)r-~
lose money or property rights or other rights Important to-boun~<Vor
::t: C)-~C)
,--.,.>
a bench warrant may be Issued directing the Sheriff to brl~ y~lnto
.c-
Court. <=>
If a TEMPORARY ORDER was granted, it Is attached. You must obey
It until the hearing. If you do not obey It, the police can arrest
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE A
RIGHT TO HAVE AN ATTORNEY REPRESENT YOU AT THE HEARING. 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 MAY GET LEGAL HELP.
Lawyers Referral Service of Luzerne County
Bicentennial Bldg., Wilkes-Barre, PA
Telephone (717) 825-8567
'~. _~ ,1
vs.
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION--LAW
PROTECTION FROM ABUSE
v; 0/ ; A-0 L mflSff.A5
Plalntlff
~f\{J)M.l\
t:.. m A-sf( ItS .
Defendant
NO . ~rJ.J tf t- OF
19 f-:r
PRO SE FORM
PETITION FOR PROTECTION FROM ABUSE ORDER
TO THE HONORABLE JUDGE(S) OF SAID COURT:
1. My name Is VIVift-tJ L, /I1//5,qAS
I am the
Plaintiff In this case. I am an adult Individual (or an emancipated
minor,)
2.
( I)
I live at q~q 5;. m~~
(street Address)
11 ) Jj;1UTJ' (i /JJ( FT
. (CI ty)
Lu~ne--
(County)
. Pennsylvania.
OR
(
)
I am living In this County at an undisclosed address
'-0
N
g t;",j
~~~~J~~ .~
\D f"1 OJ '-,
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. the Defendant, who resldes-et (){:'C:rrj
:z: r-.....J
.::::-1 r~J
LU2.er~?: .:
(County) ~ :~<
for my own protection,
3,
The person I am filing this Petition against Is
'=D" Jltf,!..J:'J (J, rn A5tf 1h'S
CJ :J... Cj S. in fI1U<t::::7 'XI. . JAj /t7...J1I (' f)/;cr
(Street Address) (City) I
Iff ,
Pennsylvania.
4, The Defendant Is ~ k/<:;.hond . fay.pd at- m Ii (I"/;~/d~
( (
(State relationship of Defendant to Plaintiff: such as, husband or
former husband. sexual/Intimate partner. housemate. father of my
child. son or daughter. etc.)
5. The Defendant works at l)t:~tlac::; J;;'{.eJr'r. S'f!-/J~ .
(Name of EmBJoyer)
. [;hIla S' .'e' , Pennsylvania.
(Street Address of Employer) (City) {
!\"J'!
j
. .. .~ 11
~..
- --
~€l~
-
6.
( ~ The home from which I am asking the Court
to exclude
the Defendant .Is owned (or rented) In the name(s) of
~DaJ~ D- h1 f>6frA;5
~ II' ,;(~ L. ffJJKIIA-S
OR ( ) I cannot revea I the names of the owners or renters of
the residence from which I am asking the Court to exclude the
Defendant because the name(s) will disclose my whereabouts which must
be kept confidential for my protection.
7. I am filing this Petition for temporary and final protection
orders pursuant to the Protection from Abuse Act, 23 Pa. C.S.A,
Section 6101, et sea.. as amended. I am seeking relief for myself
(and on behalf of the minor chlld(ren).
8. The facts of the most recent Incident of abuse towards me
(and the minor chlldCren)) are as follows: (Please write a brief
description of the Incident Including shoves, kicks or blows
Inflicted, weapons used, threats made, Injuries sustained. medical or
hosp i ta I treatment necessary, I f any.)
DATE' I~~: TIME, 9:()o!1:ir>);~N#}~S. ~'~ h9,~
/)~_~_-!T-;- 4f,~..d- O/Yd _, ___
I' -,' ;
I
O(JAAjOA~ p7'h~-
9. The Defendant has physically abused me (and my chlldCren)) In
the past. The following are some examples of past abusive conduct:
(Describe In brief some of the most recent and/or more serious
~
A, Grant a Temporary order pursuant to the Protection From Abuse
Act:
( .A' Evicting
9&1 j 7l(~A~./J/-ylt,
S{reet Address
the Defendant from the
YI~~1,
CI ty
residence located at
6~/AA<1
ou y
Pennsylvania (OR a confidential address at which I am not living> and
any subsequent residence In which I live during the pendency of this
Order and granting exclusive possession of the premises to me.
( v'>
Ordering the Defendant to stop abusing, harassing and
threatening me (and any minor chlld[renJ) or placing me (us) In fear
of abuse
In any
( V)
place where I (we) may be foundl
Prohibiting the Defendant from having any contact with
.
me (and the minor chlld[renJ), Including, but not limited to, ordering
the Defendant to stay away from and outside of my place of employment,
business, or school (and those of my chlld[renJ) and from harassing me
and my relatives or minor children.
(~) Granting temporary custody of the minor chlld[renJ.
/fIl)/Jf!'Eu..} "- ~a.n~/Yl~ <:hdS tome.
Name<s) of Chlld(ren)
( ) Ordering the Defendant to turn over the weapons listed
In paragraph 15 to the pollee
(v( Directing the (Sher I ff or
other law enforcement agency) t Petition and
Temporary Order upon Defendant without pre-payment of costs.
( > Directing that the Petition and Order In this matter
be served upon Defendant without disclosure of my address (and that of
the minor chlld[renJ), and also directing the pollee and all court
personnel not to reveal any residential address of mine (and of the
minor chlld[renJ) to the Defendant. his counsel and any third party.
incidents of past physical abuse. State an approximate date for each
Incident.)
"'.
i~~;;f!F~~~~
<}t- a.rr / AA1 j/?.AJ.d. ~a ~ ~.Ai A./ .
1 _ ' M><'t~
B. 'l'I Y-~ ~~ ~-.~--:
C.
10, I am (and the minor chlld[renJ are) In Immediate danger of
further abuse, and a court order Is necessary to protect me (and my
minor chlld[renJ),
11. I ask for attorney fees and costs pursuant to the Protection
From "'buse "'ct.
12, I have suffered out-of-pocket losses as a result of
Defendant's abuse.
13. The Defendant has used or threatened to use the following
weapons In his abuse against me (and the minor chlld[renJ):
14. I believe that service cannot be safely performed by anyone
other than a law enforcement officer,
WHEREFORE, Plaintiff requests that this Honorable Court award the
following relief:
( ) O~de~lng additional ~ellef to Include:
B, Scheduling a hea~lng and at the hea~lng. ente~ a one yea~
(
/
~
G~antlng tempo~a~y suppo~t fo~
the following:
/
myself
o~de~, which Includes the above in addition to
mlno~ chlld~en In the maximum amount allowed by law,
( ) O~de~lng the Defendant to ~elmbu~se my out-of-pocket
losses suffe~ed as a ~esult of the abuse.
( ) O~de~lng the Defendant to pay all costs of filing and
se~vlce of this lawsuit and my atto~neys' fees.
( ) Dl~ectlng the Defendant to
(specify additional ~ellef ~equested),
I ve~lfy that the statements made In this Petition a~e t~ue and
co~~ect to the best of my knowledge, Info~matlon and belief. I
unde~stand that false statements he~eln a~e made subject to the
penalties of 18 Pa. C.S. Section 4904, ~elatlng to unswo~n
falsification to autho~ltles,
Date:
i4/.;.qf9:J.-
I I
1h~A~/it ~~/7A1)
PIa ntlff
\
'.
v ,. J itW L, ,vn I/Sfflks
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION--LAW
PROTECTION FROM ABUSE
);;JJ ()J ~ D IJ in 1tS1f.tY3
Defendant
NO. ~dJ9e.- OF
19 7'2.---
NOTICE OF RAMIFICATIONS OF VIOLATION
ANY VIOLATION OF THIS PROTECTION ORDER WILL CONSTITUTE CONTEMPT
OF COURT AND MAY BE PUNISHABLE BY A FINE UP TO $1,000.00 AND A JAIL
SENTENCE OF UP TO SIX MONTHS. cD
N
o f'.,.;:::J
C-J fT! C)
If this Order excludes you from the residence of the abu~d ~=
\.D Pl~,-
you resume residence In that domicile, you may -be In Indirect -i;rl~j&~
=t: 0-1r:_~
'-_1>
contempt and punishable as above, Consent of the abused or P~ln~ftf
.::-
to the resumption of residence shall not Invalidate this Orde~
Dated:
/~i2f/f:J-
8},
I
c}
BY THE COURT,
~
V/I/A7f) L. ffJ 115ff45 '
, Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION--LAW
PROTECTION FROM ABUSE
Iz!J 11 JIl:f!.-O b m ~~T, ,
De endant
NO'~IJ;1f~ OF
19 1/1-
AFFIDAVIT OF INABILITY TO PAY COSTS
( I)
I verify that I am the Plaintiff In this Petition for
Protection under the Protection From Abuse Act. I do not have money
available today to pay the costs of filing and service In this
lawsuit. I understand that at the hearing on this Petition, the Court
will determine If I have the funds available and may assign costs of
\..:0
this litigation to the Defendant or myself or waive the costs. ~
("..)
understand that false statements herein are made subject to the~
..0
~~~
rTl\.~.:J
~~'~
i.'-r1(;:)r-
("') ?:; r 1l
(~)'::..Cl
penalties of 18 Pa. C.S. Section 4904, relating to unsworn
-u
:;Jl:
i _" y;'"
Dated:
IO/OZ9/9,9-
, f
ca - ,<" ,,~~
..,..
o
~~~~-/C( ~~
lalntlff
falsification to authorities.
.
vs.
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION--LAW
PROTECTION FROM ABUSE
_V/ II; f'r10 / . JrJ IKff~
Plaintiff
'=0 w MUfJ
(), trJ ftSlfA-S
Defendant
NO, IN} (J-t; t!- OF
19 tfv
ORDER FOR HEARING
o'clock
Annex II.
scheduled
~~
o ,;>~
I~ate~
N 2'! ;::' ~1.~
liPo~
-0 ('"loin
:: 2---.,1:.:-
~ z~~
-,'
-l:"'
o
A hearing on
1~-tA
the
Petition fo~ Protection
~~
Order has been
for the
. 199~ at
on North Street. Wilkes-Barre, Pennsylvania. The Defendant
to attend.
Date:
/ 0112 ~/ 9::1-
BY THE COURT,
J,
,
CIVIL & CRIMINAL DIVISION
CAPT. DON GODEK
LT. FELIX WAWER
JOHN WASSIL
SAM SALVO
CAS KIZIS
RAYMOND G. OSTROWSKI
Chief Deputy
Office of the ~heriff
Luzerne County. Pennsylvania 18711
REAL ESTATE DIVISION
LT. CAROL ROMAN
SGT. BARBARA JAVICK
IDENTIFICATION DIVISION
SGT. GARY LOUGHNEY
SGT. ERIN JOYCE.
HEATHER ZAWATSKI
CIVIL DIVISION
LAURA CHOPICK
CAROL BENFANTE
SOLICITOR
ANTHONY J. LUPAS
FRANK J. JAGODINSKI, SHERIFF
WILKES-BARRE, PENNSYlVANIA
(717) .-1~:!.
FAX (717.5~ ..... '
,~,
~.
.... 6':P~
:s .~~
t:f -1-<
, DEPUTY SHERIFF, for FRANK j. jAGODINSKI, aERrrF of
STATE OF PENNSYlVANIA
lUZERNE COUNTY SS:
Lt. John Pavidus
said county, being duly sworn according to law, deposes and says, that on
Fri'rlAY
on the
30th
day of October
19 92
at 8: 35 A. M. E ~.T., he served the within
Ppt i t i on and Ordpr, Protpc:t i on From Abuse
UPON
~rlw~rrl n M~~hrl~
the within named, by handing to
him
personally, at
the Sheriff's Office, The Lyzerne
County Court House. 200 North River Street. Wilkes-Barre
in the County of Luzerne. State of Pennsylvania, a true and allested copy and making known to him
the contents thereof.
this
day of
19
.
Sworn to and subscribed before me
Prothonotary
FORM j
"
..... ... . .
.1< ..
\/,'1/ i mU L. rn ftsilAs ,
Petitioner
III TilE COllRT OF Cmll'lOlI PLEAS
OF I.LJZERNE COUIIT'(
..IVII. ACTIOIl--I.AI-I
v'.:i.
PROTECTION FROM AUUSE
G:I)(J.J~D, /). m~f/A.'::2, , .
~ 9~. ~:J}--~ndent _:. .IIO.roo-.q,G OF 19cro---
/c , _~rcfJ~ ' .~/d.d
~ SFRV1<.e: ItlffiEI1A1',n~UilIEEI ~4-V-7 ~
o \~ :;'::-" "'0.
c"')<-.; -<' ..../
I. H3me ot Defendant: pf)uJlf12{\. D. mYh'\flA) :;, ~e_~".
'..p p..} -
note of f1lrth: ()9/d.3j ~~i:s;'-
2. l.3St known residence of oefenclant:-U'l:- S, JnIfPK,qr- ~<._.
. /
J (/7....er-~ ' P"nnsy \ van f".
County
Socl,,1 Secllrlty Number:
IUwr/ UX~
.
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emr I \1ycr : ___trgiL{lS
11.;l1ie
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C it Y !
P /e.m '
SU;~ .
3.
1I;,l1Ie and adclress ot
.- ,
/1.(7.e-r/1-P
County
"
Street Adeleess
oR.-
Pennsylvanld. ~~
i
lh,rartment or (IIvlslon In \Jhicll\ nel"n(l~nt
~u " of 0 v1(l-P _ SrJAo-n-f C () I~ .I1L:J-~~---_.. "'u.
works:
~
q-3
City/Township
County
I')FD.
FlLi .
4.
USllal work hours ot Defendant:
5. Work location, If dltterent than
Street Address
. J'J.
L Street Address
U 2.e,y'n~ -'
County
ens,Y1a'a~ a.
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CI ty/T 'lOshlp
lIame and address of Defendant's closest
7.
Tlme(s) Defendant IS.most likely to vl,;lt this a dell-
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6. PlaceCs) \.Ihere Defendant Is most likely to soclall:<e or be
found and most likely times:
lIame 01 PI ace
Street Address
Clty/Tolln::;hip
County
TimeCs) Defendant Is most I ikely to visit this andress,
9.
'/
Description of Defendant' Aoe' :31 Height: S' IJ~; ;;
~ w.r~
~ ,r I" I J j.. { r: /l'It>'
/J:> ; Hair Coloc:~Ona~ ; Color of eyes,~(j '!JlqSS7
cloth I ng. rLvu:;c; po. V1~ ,('J(e55 sf1; r-t ; Oi st I nou Ish I ng
Weight'
Typical
features csuch as beard, t)ald-headt:d, u::ill,; crutches, etc.):
beC{vd-
\0. Make, color, tao number and year of Oefendant's carCs),
I 9 ?fp
CJ PAl d
Telephone
rlnYK bliA.e
IDol/A-
)
1\ .
numberCs) at \.Ihlch Ollfenclant can be reached and
best
tlmeCs)' '/8:)- ()1S-~ home iJhDYJ'<-. Dalra" Se.lt~ {);sT;
~ S?~ - o~l..f:O fY16 M.ur':S -tf:;./
12. Does befendan{ carry \.Ieapons or u,;ually keep them nearby?
Yes
No
!>Z
If yes. describe.
x
13.
Does Defendant have a criminal record?
Yes
No
14. Is Defendant on probation or parole? Yes
I~o .x:
If yes, name and telephone number of probation and parole
officer:
15. The tyO telephone numbers at \.,hlch I can be reached are'
.If.1S- 03,)3
7,'3"1- J>s(P7
and
(I understand that these \JIII not bll olven to the Defendant
or his attorney,)
~~/{aM~
/0 If{ ? / 9 C2-
n .
.>
. w ....
111....ey c.l!jfy and return that
1
<I,
. --~- upon the
within named di.;l:3ECaQt, 'L "4 lIP ~'\_1\.
/Y) 1J< A 1'1<
by handing"iO ~;:~":;) i:~
~ <> <;;;:h PI? I/J:' <" 0 f': \
AI
-
,
10.______ /-I, f1i\
:hect.,~~.,nn; :h,eo,rceO"~~~,
D.:.';'.ut}ty~
; ('n(JJ.dJ~::;;^J - K \" 'v/ <L
---...-...-___..._LiL. A _
lUl$,'fH ~'...,y::>;:;_", F':;;l:f,~';:,'I;/&I)iQj and making known
.
. .......
~
_9.
-
Plaintiff is d temporary legal and physical custody of minor
child(ren) and Defendant is aW~ded p~r~ial/
custody of e following times ~~~
~ A Master's Hearing regarding Custody is scheduled fo
at Hearing Room 335, Court House Annex II, 113 West North street,
Wilkes-Barre, PA 18711, t/J.-C../I - / I AM
The hearing is continued until
entered is extended until
the event the Defendant cannot be served and
Abuse hearing must be rescheduled,)
czzr THIS ORDER/SHALL BE FOR A PERIOD OF TIME OF ONE YEAR OR UNTIL
FURTHER ORDER OF THE COURT.
rEf
o
o
o
o
o
o
o
VIVIAN MASHAs
tlnOTECTrOl-l Flln....
ORDER/Dr,.o -.-..."'~ .
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION-LAW
.Plllin tiff
~_._~..
- EDWARD MASHAS
Defendant
NO 6029-C of
NOVEMBER, 1992, D
AND NOW, this
10th day of
Defendant is prohibited from having personal contact, telephone con-
tact and any other contact with Plaintiff and from enterin9At~.fl.d
Pl~e ~lo~t, ~ or school of Plaintiff. C4...l.fI /'"-'Y",?-
:~ai1,fr i~gra~~~e ~~ of th~ residence located
Defendant is directed to immediately relinquish to the Sheriff of
Luzerne County the following weapons:
Defendant is directed to pay the Plaintiff within days of the
date of this Order the sum of Dollars for reasonable
losses suffered by Plaintiff.
Defendant is directed to pay to Plaintiff's attorney within
days of the date of this Order the sum of Dollars for
reasonable attorney's fees,
Defendant is directed to pay Plaintiff the sum of
Dollars per beginning within days as temporary finan-
cial SUpport. However, Plaintiff must file a petition for support
with Domestic Relations of Luzerne County within two weeks of the
date of this Order. If Plaintiff fails to file such petition within
two weeks the Defendant's obligation to pay support under this pro-
vision becomes void.
Costs are to be paid by:50.50 PROTHONOTARY 25.00 SHERIFF
$75.50 TOTAL
~Defendant, 0 Plaintiff, 0 Shared by the parties.
and a temporary Order
, (To be completed in
the Protection From
o Other:
15
16
17
18
19
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25
2
3
4
5
6
VIVIAN L. MASHAS,
: IN THE COURT Ol" COMMON PLEAS
: OF LUZERNE COUNTY
'is
~
(")
N
N
7
Plaintiff
:
:
8
vs.
CIVIL ACTION--LAW
Habeas Corpus
:
9
EDWARD D. MASHAS,
:
:
:
10
Defendant
: No. 6029-C of 1992
11
MASTER: John C. Eichorn
12
13
ORDER
14
NOW, this 18th day of December, 1992, after
pre-trial conference before John C. Eichorn, Esquire,
Master in Custody and Visitation, and based upon his
recommendation, it is hereby ORDERED AND DECREED as
follows:
1. The parties, Vivian L. Mashas and Edward D.
Mashas, shall have shared legal custody of their minor
children, Andrew Mashas and Amanda Mashas, with primary
physical residence of said children being with their
mother, Vivian L. Mashas.
2. The father, Edward D. Mashas, shall have
partial custody of his minor children, Andrew Mashas and
:?:
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10
11
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15
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Amanda Mashas, based upon the fOllowing schedule:
2 (a) On the first and third weekend
3
4
5
6
7
8
9
of each and every month from Friday
at 5:00 P.m. until Saturday at 6:00 p.m.
(b) On the second and fourth weekend
of each and every month from Saturday
at 9:00 a.m. until SUnday at 3:00 P.m.
(c) During any month in which there
is a fifth weekend, the father shall
have an additional pari tal custody
period on that weekend from Friday at
5:00 p.m. until Sunday at 3:00 p.m.
(d) The father shall be entitled to
an additional period of partial custody
with the children during the week as
mutually agreed upon by the parties.
3. The father shall have partial custody of his
minor children on Easter Sunday and Thanksgiving Day from
3:00 p.m. until 9:00 p.m.
4. The father shall have partial custody of his
minor children on Christmas Eve from 12:00 noon until
9:00 P.m. Further, the father shall have an additional
partial custody period with his minor children during the
Christmas vacation from school, with exact dates and times
to be mutually agreed upon by the parties.
-2-
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5. The Parties shall alternate Physical custody
of their minor children for the hOlidays of New Year's
Day, Memorial Day, FOurth of July and Labor Day, with the
father having PhY'i'al ".tOdy of the children on New Year',
Day, 1993.
6. The father shall have a period of partial
custody with his minor children on Halloween with the
exact times to be mutually agreed uPon by and between the
parties.
7. Both Parties shall have an additional period
of Custody/partial custody with the minor children at
or near the parties' birthdays.
8. The minor children shall be with their mother
on Mother's Day and shall be with their father on Father's
Day.
9. The father shall have an additional
Period of partial custody with the minor children at or
near the children's birthdays with the exact dates and
times to be mutually agreed upon by the parties.
10. Each party shall be entitled to two (2)
two-week periods for summer vacation purposes with the
minor 'hildren with the exa,t date. and time, to be "'t,ally
agreed upon by and between the parties. During this summer
vacation period, the noncustodial parent shall be entitled
to two (2) Overnight periods of Custody/partial custody
-3-
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5
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7
8
9
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with the children during each of the two-week periods.
11. There shall be reasonable notice if a
scheduled period of partial custody cannot take place and
a make-up period shall be offered within a reasonable
time frame.
12. The father shall provide all transportation
necessary to effectuate his periods of partial custody
with the minor children; however, if the mother's work
schedule permits, she shall provide one-half of the
transportation.
13. The parties shall share all relelvant social,
medical, and educational information regarding their minor
children in a timely and forthright manner.
14. There shall be reasonable telephone contact
at all times between the minor children and the noncustodial
parent.
15. Neither party shall make any disparaging
remarks about the other party in the presence of the minor
children.
16. Neither party shall relocate the minor childre
from Luzerne County, Pennsylvania without prior Court
approval.
COMPLIANCE HEREWITH IS
BY
JUDGE
-4-
COPIES TO:
2
Joseph M. Cosgrove, Esq.
For the Plaintiff
3
Anthony J. Lumbis, Esq.
For the Defendant
4
5
6
7
8
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.
VIVIAN L. MASHAS,
IN THE COURT OF COMMON PLEAS
Plaintiff
OF LUZERNE COUNTY
vs.
CIVIL ACTION - LAW
EDWARD D. MAS HAS ,
IN DIVORCE
Defendant
NO. 6029-C
OF
1992
ACCEPTANCE OF SERVICE
I, Anthony J. Lumbis, Esquire, hereby accept service of the
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N
-
~mplaint filed in the above-captioned action and
~thorized by the Defendant to do so.
state I have been
\D
N
-'
D~t.e: 1j?r:hY
M
a>
LUMBIS, ESQUIRE
w
VIVIAN L. MASHAS,
Plaintiff
v.
EDARD D. MASHAS,
Defendant
AND NOW, this
at the request of
Edward Mashas
Tuesdav
. a conference beBte ~ ~
.." N::t:j
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: IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION-LAW
Habeas Corpus
N 6029-C
o.
of 1992
Mas John C. Eichorn
ter:
ORDER
24. day of January
. 1994
Februaury 22
a Master in Custody and Visitation IS scheduled for
. 199 4
10:30
A.m., HeaRt\g
-0
:x
. at
Room 335, Courthouse Annex n, 113 West North Street, Wilkes-Barre, Pennsylvania.
COPIES TO:
Joseph M. Cosgrove, Esq.
For the Plaintiff
Edward MAshas, Defendant
Pro se.
133 N. East St., Apt. 3
Carlisle. PA 17013
BYTHECOUR~
.....
J.
-. --'-".,~--'--_.._-~-,--,---------
r;
24
25
2
3
4
5
6
VIVIAN L. MASHAS.
: IN THE COURT OF COMMON PLEAS
: OF LUZERNE COUNTY
7
Plaintiff
:
vs.
:
CIVIL ACTION--LAW
Habeas Corpus
8
:
9
EDWARD D. MAS HAS .
:
:
Defendant
: No. 6029-C of 1992
10
11
MASTER: John C. Eichorn
12
13
AMENDED ORDER
14
NOW, this 23rd day of February, 1994, after
15
pre-trial conference before John C. Eichorn, Esquire,
16
Master in Custody and Visitation, and based upon his
17
recommendation, it is hereby ORDERED AND DECREED as
18
follows:
19
1. The parties, Vivian L. Mashas and Edward
20
D. Mashas. shall have shared legal custody of their
21
minor children, Andrew Mashas and Amanda Mashas, with
22
primary physical residence of said children being with
23
their mother, Vivian L. Mashas.
2. The father, Edward D. Mashas, shall have
partial custody of his minor children, Andrew Mashas and
and overnight until the fOllowing day when the father
2 shall return the children to Vacation Bible School/day
3 care. During that time period, the mother, Vivian L.
4 Mashas, shall have the children from Saturday, July 23rd,
5 1994, at 9:00 a.m. until Monday, July 25th, 1994, when
6 she shall return the children to day care. Further,
7 the mother will have the children from Friday, July 29th,
8 1994, when she picks the children up from day care until
9 Sunday, July 31st, 1994, at 6:00 p.m. when the mother
10 shall return the children to the father. Further, the
11 mother shall have the children on July 20th and July
12 27th, 1994, from after day care until 7:30 p.m. those
13 days.
14
3. The prior Orders in this matter shall remain
15 in full force and effect except as inconsistent with
16 the terms of this Order.
17
COMPLIANCE HEREWITH IS DIRECTED.
18
BY
)
19
20
21
22 COPIES TO:
23 Joseph Cosgrove, Esq.
For the Plaintiff
24
Anthony J. Lumbis, Esq.
25 For the Defendant
-2-
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frame.
14. The parties shall share all relevant
social, medical, and educational information
concerning their minor children in a timely and
forthright manner.
15. The noncustodial parent shall have
reasonable telephone contact with the minor
children at all times.
16. Neither parent shall make disparaging
remarks about the other parent in the presence of
the minor children.
17. Neither parent shall relocate out of
Luzerne County, Pennsylvania, without prior Court
approval.
COMPLIANCE HEREWITH IS DIRECTED.
BY THE COURT,
GI~
JUDGE
COPIES TO:
Lori A. Bowen, Esq.
For the Plaintiff
Anthony J. Lumbis, Esq.
For the Defendant
5
r
16
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2
3
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5
6
VIVIAN L. MASHAS. :
:
Plaintiff :
:
vs. :
:
EDWARD D. MASHAS. :
:
Defendant :
No. 6029-C of 1992
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
7
8
CIVIL ACTION--LAW
Habeas Corpus
9
10
11
MASTER: John C. Eichorn
12
INTERIM ORDER
13
14
NOW, this 21st day of June, 1994, fOllowing
15
a Master's Hearing in this matter before John C. Eichorn,
Esquire, Master in Custody and Visitation, and based
upon his recommendation, it is hereby ORDERED AND DECREED
as follows:
1. For the period from Monday, July 18th,
1994, to Monday, August 1st, 1994, the children, Andrew
Mashas and Amanda Mashas, shall be in Vacation Bible
School/day care from Monday through Friday each week
from 8:45 a.m. until 4:30 p.m. or earlier, if possible.
2. The father, Edward D. Mashas, shall have
partial custody of his minor children, Andrew and Amanda,
during that time period on weekdays from after day care
"".
~
~
~
~
r:t
flit
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2
3
4
5
6
7
Amanda Mashas, based upon the following schedule:
(a) On alternating weekends
from Friday at 6:00 p.m. until
Sunday at 3:00 p.m., commencing
Friday, March 4th, 1994.
3. The father shall have partial custody of his
minor children on Easter Sunday and Thanksgiving Day from
3:00 p.m. until 9:00 p.m.
4. The father shall have partial custody of his
minor children on Christmas Eve from 12:00 noon until
10:00 p.m. The mother shall be permitted to pick the
children up for mass on Christmas Eve at 4:45 p.m. and
return the children to the partial custody of the father
at 6:15 p.m.
5. The father shall be entitled to an additional
partial custody period with the minor children during the
children's Christmas vacation from school with the exact
dates and times for same to be mutually agreed upon by
and between the parties.
6. Each party shall be entitled to four (4) weeks
of summer vacation with the minor children, with no more
than two (2) weeks being consecutive, provided that the
parties give each other reasonable notice of the exact
dates and times selected to exercise same. Further, if
the father decides to stay at his mother's home in Kingston,
8
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he shall be afforded an additional two-week period of
partial custody with the minor children to take place during
the daytime hours when the mother is working.
7. The parties shall alternate physical custody
of their minor children for the holidays of Memorial Day,
Fourth of July, Labor Day and New Year's Day with the father
having physical custody of the children for Memorial Day,
1994.
8. The father shall be responsible for the
transportation necessary to effectuate his partial custody
periods with the minor children. However, the mother shall
take the children to the paternal grandmother's home in
Kingston at the commencement of the father's partial custody
periods and then again pick the children up at the
paternal grandmother's home at the conclusion of the father's
partial custody periods.
9. The father shall have a period of partial
custody with his minor children on Halloween with the exact
times to be mutually agreed upon by and between the parties.
10. Both parties shall have an additional period
of custody/partial custody with the minor children at or
near the parties' birthdays.
11. The minor children shall be with their mother
on Mother's Day and shall be with their father on Father's
Day.
-3-
2
3
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12. The father shall have an additional period
of partial custody with the minor children at or near the
children's birthdays with the exact dates and times to
be mutually agreed upon by and between the parties.
13. There shall be reasonable notice if a
scheduled period of partial custody cannot take place and
a make-up period shall be offered within a reasonable time
frame.
14. The parties shall share all relevant social,
medical, and educational information regarding their minor
children in a timely and forthright manner.
15. There shall be reasonable telephone contact
at all times between the minor children and the noncustodial
parent.
16. Neither party shall make any disparaging remark
about the other party in the presence of the minor children.
17. Neither party shall relocate the minor children
from Luzerne County, Pennsylvania, without prior Court
approval.
COMPLIANCE HEREWITH IS DIRECTED,
BY
JUDGE
-4-
COPIES TO:
2
Joseph M. Cosgrove, Esq.
For the Plaintiff
3
Edward D. Mashas, Defendant
Pro se.
133 North East Street
Apt. 3
Carlisle, PA 17013
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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~
VIVIAN L. MASHAS,
Known as VIVIAN L. LAMBERT
Plaintiff
r-~
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Colt
1992
vs.
IN THE COURT OF COMMON
OF LUZERNE COUNTY
CIVIL ACTION-LAW
$
~
PLEAS I
CD
EDWARD D. MASHAS,
Habeas Corpus
Defendant
NO. 6029-C OF
Now this
ORDER
day of
1996 upon
J.
consideration of the within Petition and u
Lumbis, Esquire, it is hereby ordered that a review conference be
scheduled in the above captioned matter for ,~~2J /IJ , 1996
at /O!3J O'clock ~M. in Orphan's Cour , Courthouse Annex
,
II, 113 West North Street, Wilkes-Barre, PA
.
,
"
~
VIVIAN L. MASHAS,
Known as VIVIAN L. LAMBERT
Plaintiff
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION-LAW
vs.
EDWARD D. MASHAS,
Habeas Corpus
Defendant
19. E~
s. ~o
r- AJ-'"TJ
I :z:::I:~
0>> fTlOr
Comes now, Petitioner, Edward D. Mashas, by and through his nar"l
~ 0-.0
counsel, Anthony J. Lumbis, Esquire and petitions the Court=s~?:;
- -+-<
Coo) -<
Coo)
NO. 6029-C
OF
PETITION FOR REVIEW CONFERENCE
follows:
1. Petitioner is Edmund D. Mashas, Defendant in the above
captioned action and father of the minor children, Andrew Mashas
and Amanda Mashas.
2. Respondent is Vivian L. Mashas now know as Vivian L.
Lambert, Plaintiff in the above captioned action and mother of the
minor children.
3. On February 23, 1994 this Court entered an Order, a copy
of which is attached hereto, incorporated herein and marked Exhibit
A, granting primary physical custody of the children to Respondent
and partial custody to Petitioner.
4. Since the date of said Order, Petitioner has remarried and
moved to Harrisburg and no longer spends extended periods of time
at the home of his mother, the children's paternal grandmother.
5. Said changes necessitate a modification in the Custody
Order particularly as to transportation and holiday and summer
.
.
visitation.
WHEREFORE Petitioner respectfully requests that a Review
Conference be scheduled to determine these issues.
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V
J. umbis, Esquire
or Defendant
J()
.
CERTIFICATE OF SERVICE
I, Anthony J. Lumbis, Esquire, hereby certify that I served a
true and correct copy of the Petitioner an Order issued in the
above captioned matter on Plaintiff by mailing the same first class
postage prepaid to her attorney as follows:
Joseph Cosgrove, Esquire
1460 Wyoming Avenue
Forty Fort, PA 18704
on July~, 1996.
,
J. Lumbis, Esquire
r ey for Defendant
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VIVIAN L. MASHAS,
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
Plaintiff
vs.
CIVIL ACTION--LAW
Habeas Corpus
EDWARD D. MASHAS,
Defendant
No. 6029-c of 1992
MASTER:
John C. Eichorn
o R D E R
NOW, this 21st day of November, 1996,
after pre-trial conference before John C. Eichorn,
Esquire, Master in Custody and Visitation, and
based upon his recommendation, it is hereby
ORDERED AND DECREED as follows:
1. The parties, Vivian L. Mashas and
Edward D. Mashas, shall have shared legal custody
of their minor children, Andrew Mashas and Amanda
Mashas, with primary physical residence of said
children being with their mother, Vivian L.
Mashas,
2. The father, Edward D. Mashas, shall
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have partial custody of his minor children, Andrew
Mashas and Amanda Mashas, based upon the fOllowing
schedule:
(a) On alternating weekends from
Friday at 6:00 p.m. until Sunday at
5:00 p.m., commencing Friday,
November 22nd, 1996.
3. The father shall have partial custody
of his minor children in even-numbered years for
the Thanksgiving holiday from the Wednesday prior
to the hOliday at 6:00 p.m. until the Friday after
the hOliday at 6:00 p.m. The minor children shall
be with their mother for the Thanksgiving hOliday
in odd-numbered years.
4. The father shall have partial custOdy
of his minor children for the Christmas holiday
from Christmas Day at 3:00 p.m. until December
28th at 5:00 p,m.
5. The father shall have partial custOdy
of his minor children in even-numbered years for
the Easter hOliday from Holy Saturday at 4:00 p.m.
until Monday at 6:00 p.m., unless the minor
children have school on the fOllowing Monday. In
that event, the father shall pick the children up
on Saturday at 1:00 P.m. and shall return them to
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their mother on Sunday at 6:00 P.m. The minor
children shall be with their mother for the Easter
vacation in Odd-numbered years.
6, The father shall have physical
custody of his minor children each year for the
FOurth of JUly, and the mother shall have physical
custOdy of the minor children each year for
Memorial Day. The parties shall alternate
physical custOdy of their children for Labor Day
each year with the mother having physical custody
of the children for Labor Day in 1997, When the
father has physical custOdy of the children any
particular year for the Labor Day hOliday and it
follows the father's regular weekend of partial
custOdy, the father shall keep the children Sunday
evening through Monday at 6:00 p.m.
7. The minor children shall be with
their mother for the weekend of Mother's Day and
shall be with their father for the weekend of
Father's Day,
8. The father shall be entitled to five
(5) weeks of summer vacation with his minor
children each year to commence on the Monday
closest to July 1st of each year. However, the
father shall reimburse any Coordinated child care
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-'-_.,..
expenses necessary to hOld the children's place in
day care.
9. During the father's sUmmer vacation
period, the mother shall have partial custOdy of
the children on alternating weekends from Friday
at 6:00 P.m. until Sunday at 5:00 P.m.
10. Neither parent shall consUme
alcoholic beverages to eXcess during their periods
of CUstody/partial CUstody with the minor
children.
11. The father shall be afforded an
additional period of partial CUstody with his
minor children on Halloween with the exact times
for same to be mutually agreed upon between the
parties.
12. The father shall be afforded an
additional period of partial custody with his
minor children on or around each child's birthday
as well as the father's birthday with the
understanding that the mother shall have the
children on or around her birthday.
13. The parties shall provide each other
with reasonable notice if a scheduled period of
partial custOdy cannot take Place and a make-up
period shall be offered within a reasonable time
4
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VIVIAN L. LAMBERT,
Plaintiff
vs.
EDWARD D. MASHAs,
Defendant
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTy
CIVIL ACTION - LAW
Habeas Corpus
No. 6029 - C ofI992
ORDER
AND NOW, this::t day of ~
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VIVIAN L. MASHAS,
Plaintiff
IN THE COURT OF COMMON
OF LUZERNE COUNTY
DOMESTIC RELATIONS SECTION
vs.
EDWARD D. MASHAS,
Defendant
NO.
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Now this
ORDER
c;J...1l<J "'" f
day of DG<< 1117er 1997 upon consideration of the
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within Petition, it is hereby Ordered that the hearing scheduled in
the above captioned matter for January 3, 1997 at 1:00 p.m. is
co~ed to Februa y 18, 1997 at
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Court:
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VIVIAN L. MASHAS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
DOMESTIC RELATIONS SECTION
vs.
EDWARD D. MASHAS,
Defendant
NO. 6029-C
OF
1992
PETITION FOR CONTINUANCE ~ ~-o
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Comes now Edward Mashas, Petitioner by and through J.;s%or
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attorney Anthony J. Lumbis, Esquire and petitions the Court ~s gj;!
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follows: .. -1-<
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1. petitioner is Edward Mashas, Defendant in the above
captioned matter.
2. Respondent is Vivian Lambert, Complaint in the above
captioned matter,
3. Petitioner resides in Harrisburg, Dauphin County,
Pennsylvania and is employed by the school district.
4, This court issued an Order scheduling a hearing in this
matter for January 3, 1997, one day after Petitioner is required to
return to work following Christmas break.
5. On December 9, 1986 the Court issued an Order rescheduling
a Custody hearing to February 18, 1997 at 1:00 p.m.
6. Because of the distance Petitioner would be required to
miss two days of work to attend both hearings which would result in
a financial hardship.
WHEREFORE Petitioner respectfully requests that the hearing in
)or . p'
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this matter be rescheduled to February 18, 1997, the date of the
custody hearing.
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VIVIAN L. MASHAS,
now known as
VIVIAN L. LAMBERT,
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
Plaintiff/Respondent:
vs,
CIVIL ACTION --LAW
Habeas Corpus
EDWARD D. MASHAS,
Defendant/petitioner:
No. 6029-C of 1992
o R D E R
NOW, this 21st day of February, 1997,
15 following a hearing in this matter, the Court
16 enters the fol1owig Order:
17
1 .
The Court denies the motion of the
18 father, Edward D. Mashas, to modify the existing
19
transportation arrangement.
Transportation as
20 outlined in this Court's Order of December 18th,
21 1992, shall remain in full force and effect.
22
2 .
The Court on its own motion directs
23 that on the alternating weekends when the minor
24 children are in the father's custody and the
25 children are off from school on that Monday due to
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a holiday, the father shall be permitted to keep
the children overnight on Sunday through Monday
and shall return the children to their mother on
Monday at the regular Sunday return time.
3. Upon the father's request, the Court
hereby directs Valley Counseling Associates, P.C.,
to conduct a comprehensive custody evaluation
of the minor children, Andrew Mashas and Amanda
Mashas, as well as their parents, Vivian L.
Lambert and Edward D. Mashas, Both parents shall
contact Dr. Lenora Herrmann-Finn of Valley
Counseling Associates, P.C., whose telephone
number is 343-3969, within seven (7) days of
receipt of this Order to make the necessary
arrangements for their initial interviews. The
father, Edward D. Mashas, shall be responsible for
paying all fees assessed by Valley Counseling
Associates for services rendered in this matter.
Upon completion of the comprehensive evaluation,
Valley Counseling Associates shall submit a
written report to this Court detailing their
findings and recommendations in this matter.
COMPLIANCE HEREWITH IS DIRECTED.
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.
BY THE COURT,
JUDGE
COPIES TO:
Michael I. Butera, Esq.
For the Plaintiff/Respondent
Anthony J. Lumbis, Esq.
For the Defendant/Petitioner
Dr. Lenora Herrmann-Finn
Valley Counseling Associates
3
...
VIVIAN L. MASHAS,
Known as VIVIAN L. LAMBERT
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION-LAW
EDWARD D. MAS HAS ,
Habeas Corpus
Defendant
NO. 6029-C
OF
1992
day of
1997 upon
Now this
RULE
41
L
the within
TO SHOW CAUSE
consideration of
Petition and upon motion of Anthony J.
LUmbis, Esquire, it is hereby ordered that Respondent, Vivian L.
Lambert show cause
should not be held in contempt.
, 1997 at ~~6()l(-o'cloCk
Rule Returnable:
__M. in Orphan's Court, Courthouse Annex II, 113 West North Street,
Wilkes-Barre, PA 18711.
By the c~
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VIVIAN L. MASHAS,
Known as VIVIAN L. LAMBERT
Plaintiff
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION-LAW
vs.
EDWARD D. MASHAS,
Habeas Corpus
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Comes now, Petitioner, Edward D. Mashas, by and through+ni~,c2r=
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counsel, Anthony J. Lumbis, Esquire and petitions the CourtE a,f2i;:':;
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Defendant
NO. 6029-C
OF
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PETITION FOR CONTEMPT
follows:
1. Petitioner is Edmund D. Mashas, Defendant in the above
captioned action and father of the minor children, Andrew Mashas
and Amanda Mashas.
2. Respondent is Vivian L. Mashas now know as Vivian L.
Lambert, Plaintiff in the above captioned action and mother of the
minor children.
3. On February 18, 1997 this Court entered an Order, a copy
of which is attached hereto, incorporated herein and marked Exhibit
A.
4. Said Order determines the transportation issue on the
basis of the December 1992 Order. That Order states Ms. Lambert
shall provide one-half the transportation if her work schedule
permits.
5. By letter dated March 11, 1997, which was mailed and faxed
to Respondent's attorney, Petitioner's attorney asked that he
provide a copy of her work schedule so that it could be determine
when she is available to provide half of the transportation.
- .
A copy of said letter is attached hereto and marked Exhibit B.
6. Said letter also stated that since Petitioner did not
believe, her picking the children up in Frackville at 4:00 p.m. on
Sunday, March 16, 1997 would pose a problem with her work schedule.
that he would meet her there.
7. No response was rewcei ved from Respondent's attorney.
However Respondent informed Petitioner that she would not provide
any transportation.
WHEREFORE Petitioner respectfully requests that Respondent be
held in contempt, ordered to provide half of the transportation and
further ordered to pay Petitioner's attorney's fees related to this
Contempt Petition.
Lumbis, Esquire
for Petitioner
....--
.
CERTIFICATE OF SERVICE
I, Anthony J. Lumbis, Esquire, hereby certify that I served a
true and correct copy of the Petitioner an Order issued in the
above captioned matter on Plaintiff by mailing the same first class
postage prepaid to her attorney as follows:
Michael Butera, Esquire
121 S. Main Street
Pittston, PA 18640
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for Defendant
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VIVIAN L. MASHAS,
Known as VIVIAN L. LAMBERT
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF LUZERNE coUNTY
: CIVIL ACTION - 1A W
VS
: HABEAS CORPUS
EDWARD D. MASHAS,
Defendant
: No. 6029-C of 1992
rt( ORDER
AND NOW, this .BdaY of April, 1997, the hearing scheduled for Tuesday, April
22. ,997 at 9,00 a.m. \, h""by ",ntinuod to th' ~ day of t1'l"l--' '997.
At 0:00 kv-o- .
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VIVIAN L. MASHAS,
now known as
VIVIAN L. LAMBERT.
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
Plaintiff
vs.
CIVIL ACTION--LAW
EDWARD D. MASHAS,
HABEAS CORPUS
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Defendant
No. 6029-C of 1992
ORDER
NOW. this 8th day of May, 1997, following a hearing in
this matter. the Court enters the following Order:
1. It becomes obvious to this Court after hearing from
the parties and argument of counsel that the Court inadvertently
referred to the Order of Court dated December 18th. 1992, when,
in fact. it should have referred to the Court Order in this matter
dated February 23rd. 1994, when this Court issued its Order
dated February 21st. 1997.
\
1
2. Therefore, the Court, in restating the Order of
February 21st, 1997. denies the request of the father, Edward D.
Mashas. to modify the existing transportation arrangement.
Transportation as outlined in this Court's Order dated February
23rd, 1994. shall remain in full force and effect.
3. In all other respects, the prior Court Orders in this
matter shall remain in full force and effect except as inconsistent
with this Order.
COMPLIANCE HEREWITH IS DIRECTED.
BY THE COURT.
JUDGE
COPIES TO:
Anthony J. Lumbis. Esq.
For the Defendant/Petitioner
Michael I. Butera, Esq.
For the Plaintiff/Respondent
2
VIVIAN L. MASHAS, IN THE COURT OF COMMON PLEAS
Known as VIVIAN L. LAMBERT OF LUZERNE COUNTY
Plaintiff CIVIL ACTION-LAW
vs.
Habeas Corpus
EDWARD D. MASHAS,
Defendant NO. 6029-C OF 1992
ORDER
1997, upon
AND NOW, this
1J0ay of
consideration of the within Petition and
of Anthony J.
Lumbis, Esquire, it is hereby ORDERED and DECREED that a Review
Conference in the above-captioned matter be held on August/~, 1997
cr: FHJ
o'clock
&.m, in Orphans' Court, Luzerne County
at
Wilkes-Barre, Pennsylvania.
Courthouse Annex II, 113 West North Street, 113 West North Street,
BY THE COURT:
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VIVIAN L. MASHAS, IN THE COURT OF COMMON PLEAS
Known as VIVIAN L. LAMBERT OF LUZERNE COUNTY
Plaintiff CIVIL ACTION-LAW
vs.
Habeas Corpus
EDWARD D, MASHAS,
Defendant NO, 6029-C OF 1992
PETITION FOR REVIEW CONFERENCE
follows:
attorney, Anthony J, Lumbis, Esquire, and petitions the Court as
COMES NOW Petitioner, Edward D, Mashas, by and through his
1, Petitioner is Edward D. Mashas, Defendant in the
above-captioned matter and father of the minor children Andrew and
Amanda Mashas.
above-captioned matter and mother of said children"
2, Respondent is Vivian Lambert, Plaintiff in the
3. On February 21, 1997, an Order was entered in this matter,
a copy of which is attached hereto.
4. The Counselor at Valley Counseling Association has stated
she will have completed her evaluation on or near August 1, 1997.
5. The children resume school on or about August 25, 1997.
Review Conference in the above referenced matter in August.
WHEREFORE, your Petitioner prays this Honorable Court for a
.....
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Lumbis, Esqui
for Petitioner ~
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VERIFICATION
If Edward D. Mashas verify that the statements made in this
Petition 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.
E~&~;rc/~qasf} ~~
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VIVIAN L. MASHAS,
Known as VIVIAN L. LAMBERT
Plaintiff
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION-LAW
vs.
IN CUSTODY
EDWARD D. MASHAS,
I
1992-
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Defendant
NO. 6029-C
OF
CERTIFICATE OF SERVICE
I, Anthony J. Lumbis, Esquire, hereby certifies that I serv~
a true and correct copy of the Petition for Review conference and
Accompanying Order on Plaintiff by mailing the same first class
postage prepaid to her attorney on June ~, 1997 addressed as
follows:
Michael I. Butera, Esquire
121 South Main Street
Pittston, PA 18640
Y J. Lumbis, Esquire
ney for Defendant
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VIVIAN L. MASHAS, now known as
VIVIAN L. LAMBERT,
Plaintiff
vs.
EDWARD D. MASHAS,
Defendant
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION-LAW
Habeas Corpus
NO. 6029 -C
OF
1992
CERTIFICATE OF SERVICE
I, Anthony J. Lumbis, Esquire hereby certify that i served a
true and correct copy of the Petition for Transfer and Order
scheduling a hearing for May 20, 2002 on the Plaintiff, Vivian L.
Lambert by mailing the same first class postage prepaid and
certified mail return receipt requested on May
/4,t, 2002
addressed as follows:
Vivian Lambert
209 South Market Street
Apartment A
Mechanicsburg, PA 17055
as evidenced by Exhibit A which is attached hereto and incorporated
herein.
. Lumbis, Esquire
for Defendant
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. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Vivian Lambert
209 South Market Street
Apt. A
\Mechanicsburg, PA 17055
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4. Restricted DeUve'ry~ra~8e) 0 Yes
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2. Artlc1~'Ntlmber(Copy from service /abeQ
Domestic ~eturn ecelpt
102595-00-M.0952
RULE TO SHOW CAUSE
Now this -.L!!... day of ~
, 2002 upon consideration
of the within Petition for Transfer, Respondent is hereby ruled to
show cause why juriSdiction in the above-captioned matter should
not be transferred to Cumberland County.
RULE RETURNABLE l1:101lrDtJ mf1+ oltJ , 2002 at j(J'3J o'clock
~,M. in Orphan's Court, BZbnard dJ. Brominski Building, 113 W.
North Street, Wilkes-Barre, Pennsylvania.
BY THE COURT
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VIVIAN L. MASHAS, IN THE COURT OF COMMON PLEAS
Known as VIVIAN L. LAMBERT OF LUZERNE COUNTY
Plaintiff CIVIL ACTION-LAW
vs.
Habeas Corpus
EDWARD D. MASHAS,
Defendant NO. 6029-C OF 1992
PETITION FOR TRANSFER
1. Petitioner is Edward D. Mashas, Defendant in the above-
captioned custody action.
2. Respondent is Vivian L. Mashas, Plaintiff in the above-
captioned custody action.
3. This Court issued several Orders regarding the custody of
the parties' minor children, most recently in 1996.
4. At the time of the original Order both parties resided in
Luzerne County.
5. Presently petitioner/Defendant is a resident of Dauphin
County and intents to remain in that county.
6. Respondent /Plaintiff has resided with the children
outside of Luzerne County since October 1998 first in Dauphin
County then moving to Cumberland County in June of 2001.
7. Cumberland County is now the home county for the children
and it would be more convenient for both parties if this action
were transferred to Cumberland County.
WHEREFORE, Petitioner respectfully requests that jurisdiction
in this matter be transferred to Cumb
VERIFICATION
I, Edward D. Mashas verify that the statements made in this
Petition 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.
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Edward D. Mashas
ORDER
AND NOW, this
$ay of
, 2002, upon
consideration of the within Petition and
of Anthony J.
Lumbis, Esquire, it is hereby ORDERED and DECREED that the above
captioned action is transferred to Cumberland County. Petitioner,
Edward Mashas shall be responsible for filing all necessary
documents to effectuate this transfer and for paying any and all
costs related to the transfer.
BY THE COURT:
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VIVIAN L. MASHAS,
known as VIVIAN L. LAMBERT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CUSTODY NISIT A TION
CIVIL ACTION - LAW
EDWARD D. MASHAS,
Defendant
: NO. O;l.. - .3 J.. Of 4>
DEFENDANT'S PETITION FOR MODI FICA TION OF CUSTODY ORDER
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AND NOW comes the Petitioner, Edward D. Mashas, by and through his clWBilel, E!rrY ;:;':D
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L. Rothschild, Esquire and petitions this Court to modify the current custody Orde~is FRfItter';??,
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and in support thereof avers as follows: ?;:: 0 ::,~ :0'; \~
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I. The Petitioner ("father") herein is the Defendant, Edward D. Mashas, an ad~ -:i, ~
individual who resides 3666 N. 3rd Street, Harrisburg, Dauphin County, Pennsylvania 17110.
2. The Respondent ("mother") herein is the Plaintiff, Vivian L. Mashas, also known as
Vivian L. Lambert, an adult individual who currently resides at 209 S. Market Street, Apt A.,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The parties are the parents of two (2) minor children, Andrew 1. Mashas, born January
7. 1987 and Amanda L. Mashas, born December 21, 1990, which children are the subject of an
Order entered by the Court of Common Pleas of Luzeme County on November 21, 1996. (A
copy of said Order is attached hereto and marked as Exhibit "A").
4. By Order entered on May 20, 2002 the Court of Common Pleas of Luzeme County
transferred this matter to Cumberland County. (A copy of said Order is attached hereto and
marked as Exhibit "B").
5. The November 21, 1996 Order of the Court of Common Pleas of Luzerne County
should be modified for the following reasons:
a. Petitioner desires to have more time with the minor children;
b. The parties son, age 15, has indicated his desire to reside with Petitioner, and
c. Petitioner is a more stable and constant force in the lives of the children than
Respondent.
6. Since the entry of the prior Order in this matter, the circumstances of the parties have
changed significantly. Those changes include:
a. The parties' daughter has struggled academically and has recently been evaluated
for learning problems. The parties' daughter has attended three different schools
in the last four years and mother has indicated that she may be moving yet again
which would require yet another change of school for the parties' daughter;
b. Father is a professional educator and elementary school counselor and, as such, is
better equipped to guide and assist the parties' daughter through the increasingly
complex world of middle and high school;
c. The parties' residences are closer to each other than in the past;
d. The parties' son has indicated a strong desire to maintain a primary residence with
the Petitioner;
e. Mother has been unable to maintain regular employment; and
f. Mother has been unable to provide appropriate living accommodations for the
parties' children while father lives in a three bedroom house with sufficient space
for the parties' children.
7. As a result of the changes described in the foregoing paragraph, Petitioner requests
this Court to modifY the current Order to:
a. Grant Petitioner primary physical custody of the minor children;
b. Grant Respondent liberal periods of partial physical custody;
c. Require a minimum of 120 days prior written notice, by both parties, prior to
either party's relocation outside of the Harrisburg/Mechanicsburg area, and
d. Require the party commencing his/her period of custody to provide transportation.
WHEREFORE, Petitioner prays this Court to modifY the terms of the November 21,
1996 Order as set forth above as it will be in the best interest of the minor children.
Respectfully submitted,
Date: %102-
4?Pp
Gary lv, Rothschild, Esquire
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
(717) 540-3510
Attorney for Defendant/Petitioner
2
3
4
5
6
VIVIAN L. MASHAS,
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
7
Plaintiff
8
vs.
CIVIL ACTION--LAW
Habeas Corpus
9 EDWARD D. MASHAS,
1 0
Defendant
No. 6029-C of 1992
1 1
MASTER:
John C. Eichorn
1 2
1 3
1 4
o R D E R
NOW, this 21st day of November, 1996/
15 after pre-trial conference before John C, Eichorn,
16 Esquire, Master in Custody and Visitation, and
17 based upon his recommendation, it is hereby
18 ORDERED AND DECREED as follows:
1 9
1 .
The parties, Vivian L. Mashas and
20 Edward D. Mashas, shall have shared legal custody
21 of their minor children, Andrew Mashas and Amanda
22 Mashas, with primary physical residence of said
23 children being with their mother, Vivian L.
24 Mashas,
25
2 .
The father, Edward D. Mashas, shall
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have partial custody of his minor children, Andrew
Mashas and Amanda Mashas, based upon the following
schedule:
(a) On alternating weekends from
Friday at 6:00 p.m. until Sunday at
5:00 p.m., commencing Friday,
November 22nd, 1996.
3. The father shall have partial custody
of his minor children in even-numbered years for
the Thanksgiving holiday from the Wednesday prior
to the holiday at 6:00 p.m, until the Friday after
the holiday at 6:00 p.m.
The minor children shall
be with their mother for the Thanksgiving holiday
in odd-numbered years,
4. The father shall have partial custody
of his minor children for the Christmas holiday
from Christmas Day at 3:00 p.m. until December
28th at 5:00 p,m.
5. The father shall have partial custody
of his minor children in even-numbered years for
the Easter holiday from Holy Saturday at 4:00 p.m.
until Monday at 6:00 p.m., unless the minor
children have school on the following Monday. In
that event, the father shall pick the children up
on Saturday at 1:00 p.m. and shall return them to
I
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their mother on Sunday at 6:00 p.m. The minor
children shall be with their mother for the Easter
vacation in odd-numbered years.
6, The father shall have physical
custody of his minor children each year for the
Fourth of July, and the mother shall have physical
custody of the minor children each year for
Memorial Day, The parties shall alternate
physical custody of their children for Labor Day
each year with the mother having physical custody
of the children for Labor Day in 1997. When the
father has physical custody of the children any
particular year for the Labor Day holiday and it
follows the father's regular weekend of partial
custody, the father shall keep the children Sunday
evening through Monday at 6:00 p.m.
7. The minor children shall be with
their mother for the weekend of Mother's Day and
shall be with their father for the weekend of
Father's Day.
8. The father shall be entitled to five
(5) weeks of summer vacation with his mlnor
children each year to commence on
the Monday
However, the
closest to July 1st of
father shall reimburse
each year.
any coordinated child
care
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expenses necessary to hold the children's place In
day care.
9, During the father's summer vacation
period, the mother shall have partial custody of
the children on alternating weekends from Friday
at 6:00 p.m. until Sunday at 5:00 p.m.
10. Neither parent shall consume
alcoholic beverages to excess during their periods
of custody/partial custody with the minor
children.
11 The father shall be afforded an
additional period of partial custody with his
minor children on Halloween with the exact times
for same to be mutually agreed upon between the
parties,
12. The father shall be afforded an
additional period of partial custody with his
minor children on or around each child's birthday
as well as the father's birthday with the
understanding that the mother shall have the
children on or around her birthday.
13, The parties shall provide each other
with reasonable notice if a scheduled period of
partial custody cannot take place and a make-up
period shall be offered within a reasonable time
4
1 frame.
2
14,
The parties shall share all relevant
3 social, medical, and educational information
4 concerning their minor children in a timely and
5 forthright manner.
6
15.
The noncustodial parent shall have
7 reasonable telephone contact with the minor
8 children at all times.
9
16.
Neither parent shall make disparaging
10 remarks about the other parent in the presence of
11 the minor children.
1 2
17 .
Neither parent shall relocate out of
13 Luzerne County, Pennsylvania, without prior Court
14 approval.
1 5
COMPLIANCE HEREWITH IS DIRECTED.
1 6
1 7
BY THE COURT,
1 8
1 9
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JUDGE
2 1
22 COPIES TO:
23 Lori A, Bowen, Esq.
For the Plaintiff
24
Anthony J. Lumbis, Esq.
25 For the Defendant
5
VIVIAN L. MASHAS,
Known as VIVIAN L. LAMBERT
Plaintiff
vs.
EDWARD D, MASHAS,
Defendant
AND NOW, this
.,)0
consideration of the within Petition and upon motion of Anthony J.
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
CIVIL ACTION-LAW
Habeas Corpus
NO. 6029-C
OF
1992
ORDER
day of f".~1
, 2002, upon
Lumbis, Esquire, it is hereby ORDERED and DECREED that the above
captioned action is transferred to Cumberland County. Petitioner,
Edward Mashas shall be responsible for filing all necessary
documents to effectuate this transfer and for paying any and all
costs related to the transfer.
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VERIFICATION
I verify that the statements made in the foregoing PETITION FOR MODIFICATION
OF CUSTODY ORDER are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities.
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Edward D. Mashas
.
VIVIAN L. MASHAS, AKA VIVIAN L.
LAMBERT
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
02-3296 CIVIL ACTION LAW
EDWARD D. MASHAS
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, July 19, 2002
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 301 Market Street, Lemoyne, P A 17043 on Tuesday, August 20, 2002 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Melissa P. Greev:y. Esq. ~
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATIORNEY 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
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June 26, 2002
Harrisburg, P A
THE LAW OFFICES OF GARY L. ROTHSCHILD
2215 Forest Hills Drive Suite 35
Telephone (717) 540.3510
Northwood Office Center
Facsimile (717) 540-3512
Attention: Irene
PROTHONOTARY'S OFFICE
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013
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Dear Irene: ~(1 JP~ 0/:.
As per our telephone conversation of earlier today I am forwarding an original and - vi ~.J" /
four copies of my client's Petition for Modification of Custody Order. This case was ordered 1 f'U'P'
transferred to Cumberland County by the Luzerne County Judge on May 20, 2002. For some ~
reason the Luzerne Prothonotary has not yet transferred the record. I have called the
Prothonotary again and was assured that the record would be transferred shortly. 0
After the record is received please accept the enclosed original for filing and time-
stamp one copy before returning it to me in one of the enclosed, postage prepaid envelopes.
Please forward one time-stamped copy to the conciliator assigned to the case so that a
conference date can be entered. Finally, please forward the completed Order and one of the
time-stamped copies to myself and the pro se Plaintiff, Vivian 1. Lambert, by using the
enclosed postage prepaid envelopes.
Re: Mashas v. Mashas; Petition to Modify Custody
Also enclosed is my check, in the amount of$ 155.50, which represents the fee
($100.50) to enter the Luzerne County Order and the fee ($50.00) to seek modification of the
current custody Order.
If you have any q Jestions regarding the above or need anything further, please
contact me. Thank you in advance for your anticipated cooperation in this matter.
Very truly yours,
leX .. ..
Gary Jothschild, Esquire
Enclosures
cc: Mr. Edward D. Mashas (wi enclosure)
. .
SEP 0 9 2002
VIVIAN L. MASHAS, AKA VIVIAN L.
LAMBERT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3296 CIVIL TERM
v.
CIVIL ACTION - LAW
EDWARD D. MASHAS,
IN CUSTODY
Defendant
BAYLEY, J.--
INTERIM ORDER OF COURT
AND NOW, this ~ day of September, 2002, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. The parties, Vivian L. Lambert and Edward D. Mashas, shall have shared legal
custody of their minor Children, Andrew J. Mashas and Amanda L. Mashas, with primary
physical residence of said Children being with their Mother, Vivian L. Lambert.
2. Father, Edward D. Mashas, shall have partial custody of his minor Children,
Andrew J. Mashas and Amanda L. Mashas, based upon the following schedule:
A. Fathers custodial weekends will be from Friday after school
until Monday when the Children are returned to school. Three (3) weekends
out offour (4) to commence September 13, 2002.
B. Tuesday after school until 8:30 p.m.
3. The Father shall have partial custody of his minor Children in even-numbered
years for the Thanksgiving holiday from the Wednesday prior to the holiday at 6:00 p.m.
until the Friday after the holiday at 6:00 p.m. The minor Children shall be with their Mother
for the Thanksgiving holiday in odd-numbered years.
4. The Father shall have partial custody of the minor Children for the Christmas
holiday from Christmas Day at 3:00 p.m. until December 28th at 5:00 p.m.
5. The Father shall have partial custody of the minor Children in even-numbered
years for the Easter holiday from Holy Saturday at 4:00 p.m. until Monday at 6:00 p.m.,
unless the minor Children have school on the following Monday. In the event, Father shall
NO. 02-3296 CIVIL TERM
pick the Children up on Saturday at 1 :00 p.m. and shall return them to their Mother on
Sunday at 6:00 p.m. The minor Children shall be with their Mother for the Easter vacation in
odd-numbered years.
6. The Father shall have physical custody of his minor Children each year for the
Fourth of July, and the Mother shall have physical custody of the minor Children each year
for Memorial Day. The parties shall alternate physical custody of their Children for Labor
Day each year with the Mother having physical custody of the Children for Labor Day in
2003. When the Father has physical custody of the Children any particular year for the
Labor Day holiday and it follows Father's regular weekend of partial custody, the Father
shall keep the Children Sunday evening through Monday at 6:00 p.m.
7. The minor Children shall be with their Mother for the weekend of Mother's Day
and shall be with their Father for the weekend of Father's Day.
8. The Father shall be entitled to five (5) weeks of summer vacation with his
minor Children each year to commence on the Monday closest to July 151 of each year.
9. During the Father's summer vacation period, the Mother shall have partial
custody of the Children on alternating weekends from Friday at 6:00 p.m. until Sunday at
5:00 p.m.
10. Neither parent shall consume alcoholic beverages to excess during their
periods of custody / partial custody with the minor Children.
11. The Father shall be afforded an additional period of partial custody with his
minor Children on Halloween with the exact time for same to be mutually agreed upon
between the parties.
12. The Father shall be afforded an additional period of partial custody with his
minor Children on or around each Child's birthday as well as the Father's birthday with the
understanding that the Mother shall have the Children on or around her birthday.
13. The parties shall provide each other with reasonable notice if a scheduled
period of partial custody cannot take place and a make-up period shall be offered within a
reasonable time frame.
14. The parties shall share all relevant social, medical and educational information
concerning their minor Children in a timely and forthright manner.
NO. 02-3296 CIVIL TERM
15. The non-custodial parent shall have reasonable telephone contact with the
minor Children at all times.
16. Neither parent shall make disparaging remarks about the other parent in the
presence of the minor Children.
17. I n the event that either parent should plan relocate out of Dauphin or
Cumberland County in such a way that would require a change in the custodial schedule,
that parent shall provide the other parent with thirty (30) days notice and in the absence of
an agreement file a Petition for the Court for a Plowman Hearing, prior to relocation.
18. Transportation. Transportation shall be shared by the parties with the parent
receiving custody being the parent to provide transportation.
19. The parents are going to participate in co-parent counseling through Guidance
Associates and to facilitate their ability to communicate and make decisions cooperatively
as parents and in a way that does not place the Children in the untenable position of being
in the middle of their conflict or empower them inappropriately in decision making regarding
the custodial schedule. The parties are to call within one week of the receipt of this Order to
schedule the appointment if it has not already been scheduled.
20. The parent shall arrange for Andy to participate in counseling to assist him in
dealing with the conflict of having been placed in the middle of this custody dispute by his
parents.
Dist.:
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Gary L. Kelley, Esquire. 132 Walnut Street. Harrisburg. PA 17101 ~
Gary L. Rothschild. Esquire, 2215 Forest Hills Drive, Suite 35. Harrisburg, PA 17112 c1-- .
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3296 CIVIL TERM
CIVIL ACTION - LAW
VIVIAN L. MASHAS, AKA VIVIAN L.
LAMBERT,
v.
EDWARD D. MASHAS,
IN CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Andrew J. Mashas
Amanda L. Mashas
January 7, 1987
December 12, 1990
Father
Mother
2. A Custody Conciliation Conference was held on August 22, 2002 in response
to Father's Petition filed on July 11, 2002 wherein Father seeks primary custody of the
parties' Child, Andrew J. Mashas, age 15. Present for the conference were the Mother,
Vivian L. Lambert, and her counsel, Gary L. Kelley, Esquire; the Father, Edward D. Mashas,
and his counsel, Gary L. Rothschild, Esquire.
3. The parties did not reach an agreement at the conference. Therefore, the
Conciliator makes a recommended Order modifying the November 21, 1996 Order of
Luzerne County Court of Common Pleas docketed at 6029-C of 1992.
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.... elissa Peel Greevy, Esquire
Custody Conciliator
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Date
: 162432
I,~~I 2 :' iUUb
v
VIVIAN L. LAMBERT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 02-3296
EDWARD D. MASHAS,
Defendant
CIVIL ACTION - CUSTODY
ORDER
AND NOW, this ~ day of January, 2006, upon consideration of Plaintiff's Petition
For Emergency Relief and Contempt, it is hereby ORDERED and DECREED that Plaintiff's
Petition is GRANTED. The Defendant is hereby Ordered to comply with this Court's Order
dated September ] 0, 2002 pending further Order of Court, It is further ORDERED and
DECREED that the minor child, Amanda Mashas. shall be returned to Plaintiff consistent with
the provisions of the Order dated September] 0, 2002, Pending further Order of Court. the
parties are directed to strictly comply with this Order, This matter shall be expeditiously
scheduled for a conciliation conference regarding the contempt aspect of Plijin~etition,
BY THE COURT:, /1
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JUDGE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
VIVIAN L. MASHAS, AKA
VIVIAN L. LAMBERT
Civil Action---Modification of
Custody
PLAINTIFF
(PETITIONER)
Civil Term No. 02-3296
VS.
EDW ARD D. MASH AS,
DEFENDANT
(RESPONDENT)
PETITION TO MODIFY CHILD CUSTODY A WARD
I. Petitioner. is Edward D. Mashas. (hereinafter referred to as "father") who currently
resides at J90(, Wood vale Road. HalTisburg, P A. 17109 in the County of Dauphin.
2. Respondent is Vivian L. Lambert. (hereinafter referred to as "Mother) who currently
resides at 729 Old Silver Spring Road. Mechanicsburg, 17055 County of Cumberland.
J. On September 10th. 2002. an Order of Court was entered by the Honorable Judge
Bayley whieh awarding Primary Physical to Respondent Mother Vivian L. Lambert and
Partial Custody to Father. Edward D. Mashas.
4. Since the entry of said Order, there has been a significant change in circumstances for
the following reasons as hereinafter outlined.
(a) The respondent Mother has verbally assaulted hcr daughtcr calling the
daughter expletives such as the"Fueking Bitch" among other disparaging and
derogatory comments.
(h) The respondent mother has made disparaging comments about the father in
the presence of the daughter contrary to, and in violation o( the currcnt Coun
Order. which strictly prohibits such conduct.
(e) Thc daughter has cxperienced outbursts of crying while in school due to thc'
volatility of her mother's behavior, whieh has diminished her appetite and has
led to an intenuption and intemlption of her sleeping patterns,
(d) The daughter has expressed to her mother, verbally and by way of written
correspondence, that she desires to relocate to her t~lther's home.
(e) The daughter is excited about the prospeet of relocating to the lilther's home
and changing school districts to accommodate the transition,
(f) Fathcr has a newly constructed home that is within close proximity to the
prospective school, and a home within which his daughter can feel it sense 01'
stability, coml()t"(, and permanency.
(g) The hlther has requested or thc mother that she only need provide to him a
letter of authorization allowing his daughter to relocate to satisfy thc residency
requircments of the new school but notwithstanding she has blatantly and
defiantly rcfused.
(h) The daughter is now 15 years old and is of an age where she can articulate
clearly and unequivocally with whom she desires to be with, and has made it
clear that she wants to live with her father who she helieves is a stabili/ing
influence in hcr life.
(i) Prior to thc daughter's declaration that she desired to be with her lilther', she
attended a counseling session in the summer of 2005 wher'eupon thc daughlCt"
exprcssed a deSire to reconcile with her mother. Father encouragcd IllS
daughtcr to participate in these counseling sessions, with her mother. The
mother while in transit with her daughter for the intended purpose of attending
the first counseling session, berated her daughter relative to her interaction
with her fathcr and his current Wife,
5. The best interest of the child will be served by the Court in modifYing said Order for
thc aforcmentioned reasons.
WHEREFORE, PetitionCl" prays this Court to grant the modification of the partial
custody Ordcr to allow C.lther to obtain Primary Physical Custody of his child Amanda I .
Mashas.
Respectfully submitted,
//
17055
-"
VERIFICATION
I veri fy that the statements made in this petition are true and correct. I understand that
false statemcnts herein arc made subject to the penalties of 18 Pa. Cons. Stat. 4904
relating to unsworn falsil"cationto authorities.
Date /-"41-06
~/J~
Edward D. Mashas, Petitioner
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VIVIAN L. MASHAS, AKA VIVIAN L.
LAMBERT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3296 CIVIL TERM
CIVIL ACTION - LAW
v.
EDWARD D. MASHAS,
IN CUSTODY
Defendant
BAYLEY, J.--
INTERIM ORDER OF COURT
AND NOW, this h ~ day of September, 2002, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. The parties, Vivian L. Lambert and Edward D. Mashas, shall have shared legal
custody of their minor Children, Andrew J. Mashas and Amanda L. Mashas, with primary
physical residence of said Children being with their Mother, Vivian L. Lambert.
2. Father, Edward D. Mashas, shall have partial custody of his minor Children,
Andrew J. Mashas and Amanda L. Mashas, based upon the following schedule:
A. Fathers custodial weekends will be from Friday after school
until Monday when the Children are returned to school. Three (3) weekends
out of four (4) to commence September 13, 2002.
B. Tuesday after school until 8:30 p,m.
3. The Father shall have partial custody of his minor Children in even-numbered
years for the Thanksgiving holiday from the Wednesday prior to the holiday at 6:00 p.m.
until the Friday after the holiday at 6:00 p.m. The minor Children shall be with their Mother
for the Thanksgiving holiday in odd-numbered years.
4. The Father shall have partial custody of the minor Children for the Christmas
holiday from Christmas Day at 3:00 p.m. until December 28th at 5:00 p.m.
5. The Father shall have partial custody of the minor Children in even-numbered
years for the Easter holiday from Holy Saturday at 4:00 p.m. until Monday at 6:00 p.m.,
unless the minor Children have school on the following Monday. In the event, Father shall
NO. 02-3296 CIVIL TERM
pick the Children up on Saturday at 1 :00 p.m. and shall return them to their Mother on
Sunday at 6:00 p.m. The minor Children shall be with their Mother for the Easter vacation in
odd-numbered years.
6. The Father shall have physical custody of his minor Children each year for the
Fourth of July, and the Mother shall have physical custody of the minor Children each year
for Memorial Day. The parties shall altemate physical custody of their Children for Labor
Day each year with the Mother having physical custody of the Children for Labor Day in
2003, When the Father has physical custody of the Children any particular year for the
Labor Day holiday and it follow!; Father's regular weekend of partial custody, the Father
shall keep the Children Sunday e,ening through Monday at 6:00 p.m.
7. The minor Children shall be with their Mother for the weekend of Mother's Day
and shall be with their Father for the weekend of Father's Day.
8. The Father shall be entitled to five (5) weeks of summer vacation with his
minor Children each year to commence on the Monday closest to July 10t of each year.
9. During the Father's summer vacation period, the Mother shall have partial
custody of the Children on alternating weekends from Friday at 6:00 p.m. until Sunday at
5:00 p.m.
10. Neither parent shall consume alcoholic beverages to excess during their
periods of custody I partial custody with the minor Children.
11. The Father shall be afforded an additional period of partial custody with his
minor Children on Halloween with the exact time for same to be mutually agreed upon
between the parties.
12. The Father shall be afforded an additional period of partial custody with his
minor Children on or around each Child's birthday as well as the Father's birthday with the
understanding that the Mother shall have the Children on or around her birthday.
13. The parties shall provide each other with reasonable notice if a scheduled
period of partial custody cannot take place and a make-up period shall be offered within a
reasonable time frame.
14. The parties shall share all relevant social, medical and educational information
concerning their minor Children in a timely and forthright manner.
NO. 02-3296 CIVIL TERM
15. The non-custodial parent shall have reasonable telephone contact with the
minor Children at all times.
16. Neither parent shall make disparaging remarks about the other parent in the
presence ofthe minor Children.
17. In the event that either parent should plan relocate out of Dauphin or
Cumberland County in such a way that would require a change in the custodial schedule,
that parent shall provide the other parent with thirty (30) days notice and in the absence of
an agreement file a Petition for the Court for a Plowman Hearing, prior to relocation.
18. Transportation. Transportation shall be shared by the parties with the parent
receiving custody being the parent to provide transportation.
19. The parents are going to participate in co-parent counseling through Guidance
Associates and to facilitate their ability to communicate and make decisions cooperatively
as parents and in a way that does not place the Children in the untenable position of being
in the middle of their conflict or empower them inappropriately in decision making regarding
the custodial schedule. The parties are to call within one week of the receipt of this Order to
schedule the appointment if it has not already been scheduled.
20. The parent shall arrange for Andy to participate in counseling to assist him in
dealing with the conflict of having been placed in the middle of this custody dispute by his
parents.
BY THE COURT:
tj/~gA~
Cigar ,Bayley, J. J
Dis!.: Gary L Kelley. Esquire, 132 Walnut Street, Harrisburg, PA 17101
Gary L Rothschild, Esquire, 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3296 CIVIL TERM
CIVIL ACTION - LAW
VIVIAN L. MASHAS, AKA VIVIAN L.
LAMBERT,
v.
EDWARD D. MASHAS,
IN CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REpORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1 , The pertinent information concerning the children who are the subject of this
litigation is as follows:
-NAME
. DATE-OF BIRTH---CURRENTkYIN"fHE CUSTODY OF-
Andrew J. Mashas
Amanda L. Mashas
January 7, 1987
December 12, 1990
Father
Mother
2. A Custody Conciliation Conference was held on August 22, 2002 in response
to Father's Petition filed on July 11, 2002 wherein Father seeks primary custody of the
parties' Child, Andrew J. Mashas, age 15. Present for the conference were the Mother,
Vivian L. Lambert, and her counsel, Gary L. Kelley, Esquire; the Father, Edward D. Mashas,
and his counsel, Gary L. Rothschild, Esquire,
3. The parties did not reach an agreement at the conference. Therefore, the
Conciliator makes a recommended Order modifying the November 21, 1996 Order of
Luzerne County Court of Common Pleas docketed at 6029-C of 1992.
l "~lF~l*y-,
elissa Peel Greevy, Esquire
Custody Conciliator
1/10 (/)"l.--
Date
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VIVIAN L. MASHAS, AKA
LAMBERT
VIVIAN L.
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
CUMBERLAND COUNTY, PENNSYL VANIA
V,
02/3296
C1VIL ACTION LAW
EDWARD D, MASHAS
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, Febrnary 06, 2006
, upon consideration of the attaehed Complaint,
it is hereby directed that parties and their respective counsel appcar before Melissa P. Greevy, Esq.
, the conciliator,
at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on __~day, March 17,2006 at 11:30 AM
for a Pre.Hcaring Custody Conference, At such conference, an effort will be made to resolve the issues in dispute: or
ifthis 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 conferencc. Failure to appear at the conference mav
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Ahuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By:. /s/
Melissa P. Greevy, Esq.
Custody Conciliator
/1
tp
The Court of Common Pleas of Cumberland County is required by law to comply witb the Americans
with Disabilites Act of 1990, For intonnation 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.
Cumherland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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RECEIVED
APR 0 7 Z006
BY: )(
IN THE COURT OF CO ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3296 CIVIL TERM
VIVIAN L. MASHAS, AKA VIVIAN L.
LAMBERT,
v,
CIVIL ACTION - LAW
EDWARD D, MASHAS,
IN CUSTODY
Defendant
BAYLEY, p, J,--
ORDER OF
AND NOW, this --1L day of
the attached Custody Conciliation Summary R
follows:
, 2006, upon consideration of
ereby ordered and directed as
1, Within sixty (60) days of the date of this Order, the parties shall attend a
seminar for separating families and shall file a certificate of their attendance with the
Prothonotary's Office indicating their attendance at the seminar.
2. Mother and child shall participate in therapeutic family counseling to address
the strain in their relationship and disciplinary issues. The parties shall attend not less than
eight (8) sessions,
3. Pursuant to 23 Pa.C,S.s5305(a), The Mother and Father shall participate in
not less than eight (8) sessions of co-parent counseling to address the disparity of their
parenting approaches and to improve their ability to work cooperatively in parenting their
daughter. The parents shall sign all of the necessary appropriate release of information
forms to allow a report of their progress, cooperation with scheduling, and compliance with
attendance at the appointments to be released to counsel for the parties,
4, The Custody Conciliation Conference shall reconvene on May 26, 2006
at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire,
1901 State Street, Camp Hill, PA 17011.
5. A hearing on Father's Petition for Modification and Mother's Petition for
Contempt is scheduled in Courtroom Number 2 of the Cumberland County Courthouse, on
the day of July, 2006, at o'clock _,M" at which time testimony will
be taken, For the purposes of the hearing, the Mother, Vivian L. Mashas alkJa Vivian L.
Lambert, shall be deemed to be the moving party and shall proceed initially with testimony,
Counsel for the parties or the parties pro se shall file with the Court and opposing
1f
NO, 02-3296 CIVIL TERM
counsel/party 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 days prior to the
hearing date.
"
Edgar B, Bayley, p,
/
Dist.: ~l. Kelley, Esquire, 132 Walnut Street, Harrisburg, PA 17101
yregory S. Hazlett, Esquire, 7 West Main Street, Mechanicsburg, PA 17055
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! RECEiVr<;fj I
IBY~P~ 07 1005 J
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3296 CIVIL TERM
VIVIAN L. MASHAS, AKA VIVIAN L.
LAMBERT,
v.
CIVIL ACTION - LAW
EDWARD D, MASHAS,
IN CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the children who are the subject of this
litigation is as follows:
NAME
DA TE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Amanda L. Mashas
December 12, 1990
Mother
2. Father filed a Petition for Modification of Child Custody Award on January 30,
2006, A Custody Conciliation Conference was scheduled for March 17, 2006, In
attendance were: the Mother, Vivian L. Lambert, and her counsel, Gary L, Kelley, Esquire;
Gregory S. Hazlett, Esquire and his client, Edward D, Mashas,
3, Father's position on custody is as follows: Father filed his Petition seeking to
modify the September 10, 2002 Order which granted primary physical custody to Mother,
Father claims that Mother disparages him and the daughter. He reports that there is
significant discord in the relationship between the child and the Mother, which has caused
the child to suffer with appetite loss, crying, and sleep loss. Father believes that the
daughter wants to live primarily with him, Father is presently employed as a Guidance
Counselor at a school district in Harrisburg. He is willing to provide transportation for the
child to the Mechanicsburg High School that she presently attends for the remainder of the
school year so that she does not have to change schools at this time, There has apparently
been attempts to have the daughter and the Mother participate in counseling in the past.
On at least one occasion, the police have been called to the Mother's residence as a result
of the conflict between Mother and daughter. The most recent incident occurred on the
evening of March 9, 2006. Father is also willing to participate in co-parent counseling with
Mother. This has been tried in the past. However, Father believes it was not productive
because Mother refused to participate in sessions with him in the room,
., ...
NO, 02-3296 CIVIL TERM
4, Mother's position on custody is as follows: Mother complains that Father
interferes with her parenting of the daughter and when the daughter hears something that
she does not like from Mother, she tends to call Father who then offers to take her home
with him. Child is presently residing with her Mother and doing well academically at school.
She is also involved in volunteer activities at church, Mother filed a Petition for Emergency
Relief and Contempt on January 24, 2006. In this Petition, Mother acknowledges that the
parties have been unable to co-parent the child. Mother alleges that after she would not
accede to the child's demands to take her to a fast-food restaurant, that Father responded
to the child's call by coming and taking her home to his house to cool off and that he failed
to return the child to Mother for several weeks, This allegedly occurred between June and
August 2005, There was another incident in January 2006 during which Mother refused to
allow the child to attend a sleepover at another child's home, Soon after Mother complains
that the child made another demand upon her which she would not agree to. Subsequently,
the child contacted Father who took the child home with him once again, Mother
acknowledges that the child has indicated that she wants to live with her Father and that the
child has threatened to contact Children and Youth if she did not permit this. This Court
entered an Order on January 27, 2006 requiring Father to return the child to Mother's
primary custody pending the conference, From Mother's point of view, all the troubles she
has in her relationship with the child are caused by Father's willingness to accede to the
child's demands and unwillingness to support her disciplinary efforts. Mother does not
acknowledge any personal responsibility for the status of her relationship with the child,
5. Conciliator's Impressions: It is clear from meeting with the parties and their
counsel that the child is taking advantage of the differences in the parties' parenting styles
and that there is a great deal of distress and volatility in the relationship between the child
and the Mother. Because Mother has refused to participate in a setting in which she and
Father would be in the same room with the therapist, it seems unlikely that these parties will
be able to co-parent this child effectively. The child needs to be in therapy, The Mother and
the child have issues to work on in their relationship. This should be in a therapeutic
context as these matters are not something that can be remedied simply by changing the
location of the child's primary residence. Because the parties have not reached an
agreement with regard to Father's petition to change primary custody to his residence, and
because there is a pending cross-petition on contempt, it appears the parties are in need of
a hearing, The Conciliator recommends that the child and Mother enter therapy and family
counseling to address the strains and stresses in their relationship, Additionally, it is
recommended that, if the parents intend to share legal custody of the child, they should be
required to participate in co-parenting counseling in a forum which requires them to be
present in the room with the counselor at the same time, Should the therapeutic
interventions be unsuccessful in improving the circumstances prior to the Conciliator's
conference with the parties, it is anticipated the Court will need to hear the matter regarding
, ."
NO, 02-3296 CIVIL TERM
whether the circumstances are so severe as to warrant a change in physical custody and
whether the parties are capable of sharing legal custody, If the matter is resolved at the
May 26, 2006 conference, the Conciliator will cancel the July hearing.
1f~6
b e
Melissa Peel Greevy, Esquire
Custody Conciliator
:271597
VIVIAN L. MASHAS, AKA VIVIAN L.
LAMBERT,
Plaintiff
v.
EDWARD D. MASHAS,
Defendant
BAYLEY, P. J.--
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'........ ",......1
I ,,/UN 0 7 2006
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3296 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
RDER OF COURT
AND NOW, this ~' ay of ~__ ~I1A.dl_, 2006, upon consideration of
the attached Custody Conciliation umm~reby ordered and directed as
follows:
1. A hearing on Fathe's Petition for Modification and Mother's Petition for
Contempt is scheduled in Courtro Number 2 of the Cumberland County Courthouse, on
the Il.{Ut day of August, 2006, /',?j) o'clock 1.M., at which time testimony
will be taken. For the purposes of e hearing, the Mother, Vivian L. Mashas a/k1a Vivian L.
Lambert, shall be deemed to be th moving party and shall proceed initially with testimony.
Counsel for the parties or the rties pro se shall file with the Court and opposing
counsel/party a memorandum s tting forth each party's position on custody and the
pending contempt petition, a list of itnesses who are expected to testify at the hearing, and
a summary of the anticipated testi ny of each witness. These memoranda shall be filed at
least ten days prior to the hearing te.
Dist.: ~ry L. Kelley, Esquire, 1119 N. Fron treet, Harrisburg, PA 17102
v6'regory S. Hazlett, Esquire, 7 West M in Street, Mechanicsburg, PA 17055
~ward D. Mashas, 3906 WOodvale, rrisburg, PA 17109
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
VMAN L. MASHAS, AKA
VIVIAN L. LAMBERT
Plaintiff
No. 02-3296
Vs.
Civil Action
Custody
.
.
EDWARD D. MASHAS
Defendant
ORDER
AND NOW, this
I L.{-, day of
2006 it is hereby
ORDERED AND DECREED that the Hearings on the issues of Contempt and Child
Custody that were originally scheduled for August 14th, 2006 are hereby re-scheduled to
the 20th day of September 2006 at 1 :30 p.m. per the requests of the parties.
J.
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VIVIAN MASHAS,
PLAINTIFF
V.
EDWARD MASHAS,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-3296 CIVIL TERM
ORDER OF COURT
I)r
" day of September, 2006, upon agreement of
AND NOW, this
counsel, the custody hearing is continued generally. The hearing may be reset at the
request of any party.
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VIVIAN MASHAS,
PLAINTIFF
V.
EDWARD MASHAS,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-3296 CIVIL TERM
ORDER OF COURT
~
AND NOW, this
day of January, 2007, a custody hearing shall
commence at 1 :30 p.m., Wednesday, February 21,2007, in Courtroom Number 2,
Cumberland County Courthouse, Carlisle, Pennsylvania.
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VIVIAN MASHAS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
EDWARD MASHAS,
DEFENDANT
02-3296 CIVIL TERM
ORDER OF COURT
AND NOW, this
lCo
day of February, 2007, the custody hearing
currently scheduled for February 21, 2007, is cancelled and rescheduled to Monday,
March 26, 2007, at 1 :30 p.m., in Courtroom Number 2, Cumberland County Courthouse,
Carlisle, Pennsylvania.
Gary L. Kelley, Esquire
For Plaintiff
I
Gregory S. Hazlett, Esquire
For Defendant
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VIVIAN L. LAMBERT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
v.
NO. 02-3296
EDW ARD D. MASHAS,
Defendant
CIVIL ACTION - CUSTODY
PETITION FOR EMERGENCY RELIEF
AND
REQUEST FOR CONTINUANCE OF HEARING
1. PlaintifffPetitioner is Vivian L. Lambert.
2. Defendant is Edward D, Mashas.
3. The parties are the parents of one (1) minor child, Amanda L. Mashas, DOB
December 12, 1990.
4. Pursuant to a prior Order of this Honorable Court, the parties were directed to
attend no less than eight (8) therapeutic counselling sessions.
5. On May 26, 2006, the parties attended a conciliation conference with the Custody
Conciliator, Melissa Peel Greevy, Esquire, when they agreed, inter alia, that the sessions would
occur at Guidance Associates with Laurie Walker.
6. Plaintiff has attended at least eight (8) counselling sessions and has executed
authorizations and/or releases for the release of information to counsel.
7. It is believed and therefore averred that the minor child has attended at least eight
(8) sessions but is presently refusing to attend any further sessions.
8. It is believed and therefore averred that Defendant has only attended one (l)
session and is presently refusing to attend any further sessions.
..
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9. It is believed and therefore averred that Defendant has sent some type of
communication to the counsellor's office but counsel is unable to learn what the nature of this
communication is given the confidentiality requirements of Guidance Associates and the law.
10. Counsel has attempted to speak with the counsellor at Guidance Associates (Laurie
Walker) but she is unable to speak with him because both Defendant and the minor child refuse
to sign releases/authorization regarding the release of any information in this cases.
11. As a result, Ms. Walker is unable to communicate with counsel regarding this
matter.
12. It is believed and therefore averred that the information sought is necessary for the
proper preparation of this matter.
13. It is believed and thererore averred that the information sought in this case is
relevant and would provide insight to this Honorable and assist it with reaching a determination
in this matter,
14. Counsel had always believed that the counsellor in this matter would be available
to the Court to provide this Honorable Court with her observations in this matter.
15. It is in the best interest of justice and judicial economy for this Honorable Court
to grant this Petition.
WHEREFORE, based upon all of the foregoing, the Plaintiff, Vivian L. Lambert,
respectfully requests that this Honorable Court grant her Petition and direct that the parties in this
matter sign authorizations and/or releases in this matter at the office of Guidance Associates
permitting Laurie Walker to speak with counsel in this matter and/or to release any and all
written materials, including, but not limited to, notes, memoranda, opinions, written impressions,
and the like regarding her meetings with the parties and the minor child and to further continue
the hearing scheduled for March 26, 2007.
Respectively submitted,
Kelley
I 46801
1119 North Front Street, Suite B
Harrisburg, P A 17102
(717) 238-1484
Attorney for Plaintiff
VIVIAN L. LAMBERT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 02-3296
EDWARD D. MASHAS,
Defendant
CIVIL ACTION - CUSTODY
CERTIFICATE OF SERVICE
I, GARY L. KELLEY, Esquire, attorney for PLAINTIFF in the above-captioned matter,
do hereby certify that I served a true and correct copy of PLAINTIFF'S Petition For Emergency
Relief Continuance Of Hearing upon counsel for Defendant, Gregory S. Hazlett, Esquire, on the
21st day of March, 2007, by facsimile transmission to (717) 790-9279.
By:
GA
LD. 01
1119 North Front Street, Suite B
Harrisburg, P A 17102
(717) 238-1484
Attorney for Plaintiff
t" ' \
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-
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Date:
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VIVIAN L. MASHAS, AKA
VIVIAN L. LAMBERT
Civil Action-Modification of
Custody
PLAINTIFF
Civil Term. No. 02-3296
vs.
EDWARD D. MASHAS,
DEFENDANT
ANSWER TO PETITION FOR EMERGENCY RELIEF AND
REQUESTFORCONnNUANCEOFHEAmNG
1. ADMITTED:
2. ADMITIED:
3. ADMITTED:
4. ADMITIED:
5. DENIED: It was not formally agreed to by and between the parties as to their choice
of a counselor relative conducting the Co-parenting classes at the Conciliation
Conference. In fact it was subsequent to the Conciliation Hearing that both parties
agreed to utilize the services of a Dennis Graybill for Co-parenting classes.
Thereafter, both parties retained and conducted Co-parenting sessions with Dennis
Graybill both collectively and individually which cumulatively equaled at least eight
sessions by both parties. (see exhibit "A" paragraph 3 of the Court Order attached
hereto)
6. DENIED: The plaintiff, mother may have attended eight sessions, with the counselor
but not with Laurie Walker as to Co-parenting sessions per the Order of Court.
Laurie Walker was utilized for the sole purpose by plaintiff to comply with paragraph
number (2) of the Court Order that required both MOTHER AND CHILD to attend
therapeutic family counseling which is the counseling that plaintiff's attorney is
referring to and not the Co-parenting classes pursuant to paragraph 3 of the Court
Order, which both parties agreed to, and thereafter utilized the services of, Dennis
Graybill for this purpose.
7. DENIED: The minor child has participated in counseling sessions for the recommend
period of time as mandated by the Court Order and has continued to cooperate in
attending sessions in excess of the (8) counseling sessions required per paragraph (2)
of the Court Order. (attached hereto and labeled as exhibit "A")
8. DENIED: Defendant is not required to attend any sessions with Laurie Walker
pursuant to the Court Order. In fact, Laurie Walker was and had been unilaterally
chosen by plaintiff who thereafter sought and retained Laurie Walker to conduct the
"MOTHER AND DAUGHTER THERAPEUTIC FAMILY COUNSELING
SESSIONS TO ADDRESS THE STRAIIN IN THEIR RELA TllONSIDP AND
DISCIPLINARY ISSUES" pursuant to paragraph number (2) of the Court Order. The
defendant did in fact participate in at least (8) sessions with Dennis Graybill, if you
count both joint and individual sessions for Co-parenting classes, pursuant to
paragraph (3) of the Court Order. Father does remain apprehensive to continue to
attend Co-parenting sessions with the plaintiff to the extent that the plaintiff mother
was confrontational and verbally abusive toward father during their Joint session with
Dennis Graybill in the past.
9. ADMITIED: The defendant sent a letter to Laurie Walker, voicing his
dissatisfaction with her unwillingness to speak to the child outside of the presence of
the mother to discern her sincere thoughts and feelings" absent censorship and/or
consequent discipline from the plaintiff mother. Additionally father also expressed
dissatisfaction with the characterization of his daughter in a negative manner, by the
same counselor who was allegedly retained to provide therapeutic counseling.
10. ADMITIED: However, Laurie Walker, has never personally interviewed the father,
and her testimony is not relevant to the issue of custody to the extent that the issues of
therapeutic counseling as it relates to the plaintiff is unhampered, and unrestricted as
to the issue of testimony as to the moving party plaintiff and her consent to allow
Laurie Walker to discuss the counseling as it pertains to the plaintiff solely. Allowing
testimony pertaining to the child would be prejudicial to the extent that the child
would not be present in the Court Room setting to negate, clarify, qualify, or explain
her position in a responsive fashion in real time as it was being presented.
Furthermore, Laurie Walker was not retained to provide a Custody evaluation and
therefore, her testimony would be limited to her opinions as to the plaintiff s
parenting skills only and not the defendant's with whom she had never interviewed or
evaluated in this context.
11. DENIED: Speaking only to the merits of this averment from a legal perspective, it is
doubtful that a counselor cannot share a letter that was sent to her unsolicited from a
party with whom she has never had any professional dealings which is not based on
the substance of her consultations with her patients, but rather is a third party opinion
about the counselor herself as it relates to the counseling sessions and another
unrelated matter.
12. DENIED: For the reasons cited above, this information is inconsequential to the issue
of parenting, as required pursuant to paragraph (3) of the Court Order the compliance
of which was forthcoming by both parties and the counselor utilized to provide such
services was NOT Laurie Walker but rather Dennis Graybill, whose testimony the
plaintiff is not soliciting. Laurie Walker was unilaterally retained by the plaintiff to
conduct therapeutic counseling for she and her daughter only.
13. DENIED: Unless the Court is willing to entertain the opinion of Laurie Walker,
relative only to the plaintiff's parenting skills, the sole reason for which she was
retained pursuant to paragraph (2) of the Court Order, the presentation of this
testimony would be highly prejudicial to the defendant in that he was not required
pursuant to the Court Order to partake of therapeutic counseling with his daughter per
the Court Order specifically paragraph (2) thereof. Furthermore, the plaintiff has had
utilized the services of Laurie Walker in the past exclusively and has established a
patient therapist union over time, and therefore any testimony presented will be based
on the exchanges by and between the plaintiff and the counselor exclusively, absent
any contact with the defendant.
14. ADMITTED IN PART: DENIED IN PART: It is admitted that counsel believed the
testimony would be forthcoming relative to Laurie Walker and this belief would have
been formed since April of 2006 the date that the Order mandating his client's
appearance for therapeutic counseling was mandated. Counsel has had ample time
within which, and prior to the fourth rescheduled hearing to Motion the Court for this
purpose. It is denied however, that this testimony would lend clarity to the issues
before the Court to the extent that any testimony proffered by Laurie Walker would be
highly prejudicial to the defendant to the extent any opinions of the family unit would
be based on sessions with only mother and daughter and not due to any insight gained
through personal experience with the defendant father. Furthermore, Laurie Walker
was not chosen or retained for the purpose of compliance with paragraph (3) of the
Court Order but rather Dennis Graybill conducted the sessions relative to Co-
parenting.
15. DENIED: The plaintiffhas "always believed that the counselor in this matter would
be available to the Court" which implies that from the inception of the listing of this
matter for hearing the plaintiff, had several months to present this Motion to the
Court, while still allowing for a determination as to its appropriateness much before
this scheduled hearing in the absence of having to again reschedule the hearing on this
matter.
WHEREFORE, the defendant requests that the Honorable Court, deny the plaintiff's
request to require the parties to execute releases as to Guidance Associates and further
deny the plaintiff's request to continue this matter to a later date.
3/21/2007
Respectfully submitted,
squir
orney for Defendant
7 West Main Street
~ec~csburg,PA. 17055
Phone: 790-5500
/
v.
CIVIL ACTION - LAW
Plaintiff
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IN THE COURT OF COMMON PLEAS 0
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3296 CIVIL TERM
VIVIAN L. MAS HAS , AKA VIVIAN L.
LAMBERT,
EDWARD D. MAS HAS ,
IN CUSTODY
Defendant
BAYLEY, P. J.-
ORDER OF COURT
AND NOW, this -1L day Of~ ,2006, upon consideration of
the attached Custody Conciliation Summary eport, it is hereby ordered and directed as
follows:
1. Within sixty (60) days of the date of this Order, the parties shall attend a
seminar for separating families and shall file a certificate of their attendance with the
Prothonotary's Office indicating their attendance at the seminar.
2. Mother and child shall participate in therapeutic family counseling to address
the strain in their relationship and disciplinary issues. The parties shall attend not less than
eight (8 '. ~~- ---------.
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3. Pursuant to 23 Pa.C.S.g5305(a), The Mother and Father shall participate in ~
not less than eight (8) sessions of co-parent counseling to address the disparity of their \
parenting approaches and to improve their ability to work cooperatively in parenting their \
daughter. The parents shall sign all of the necessary appropriate release of information }
forms to allow a report of their progress, cooperation with scheduling, and compliance with ,ii
endance at the appointments to be released to counsel for the parties. ///
4. r convene on ay 26, 2006
at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire,
1901 State Street, Camp Hill, PA 17011.
5. A hearing on Father's Petition for Modification and Mother's Petition for
Contempt is scheduled in Courtroom Number 2 of the Cumberland County Courthouse, on
the day of July, 2006, at o'clock _.M., at which time testimony will
be taken. For the purposes of the hearing, the Mother, Vivian L. Mashas a/kla Vivian L.
Lambert, shall be deemed to be the moving party and shall proceed initially with testimony.
Counsel for the parties or the parties pro se shall file with the Court and opposing
Exhlb.+ llA')
BY THE COURT:
NO. 02-3296 CIVIL TERM
counsel/party 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 days prior to the
hearing date.
Disl.: Gary L. Kelley, Esquire, 132 Walnut Street, Harrisburg, PA 17101
Gregory S. Hazlett, Esquire, 7 West Main Street, Mechanicsburg, PA 17055
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VIVIAN L. LAMBERT,
PLAINTIFF
V.
EDWARD MASHAS,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 02-3296 CIVIL TERM
ORDER OF COURT
eL-
AND NOW, this
day of March, 2007, the petition of plaintiff for
a continuance and for emergency relief, IS DENIED.
~ary L. Kelley, Esquire
For Plaintiff
~~Ory S. Hazlett, Esquire
For Defendant .
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VIVIAN L. MASHAS, AKA
VIVIAN L. LAMBERT
Civil Action-Modification of
Custody
PLAINTIFF
Civil Term No. 02-3296
vs.
EDWARD D. MASHAS,
DEFENDANT
ANSWER TO PETITION FOR EMERGENCY RELIEF AND
REQUEST FOR CONTINUANCE OF HEARING
1. ADMITTED:
2. ADMITTED:
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3. ADMITTED:
4. ADMITTED:
5. DENIED: It was not formally agreed to by and between the parties as to their choice
of a counselor relative conducting the Co-parenting classes at the Conciliation
Conference. In fact it was subsequent to the Conciliation Hearing that both parties
agreed to utilize the services of a Dennis Graybill for Co-parenting classes.
Thereafter, both parties retained and conducted Co-parenting sessions with Dennis
Graybill both collectively and individually which cumulatively equaled at least eight
sessions by both parties. (see exhibit "A" paragraph 3 of the Court Order attached
hereto)
6. DENIED: The plaintiff, mother may have attended eight sessions, with the counselor
but not with Laurie Walker as to Co-parenting sessions per the Order of Court.
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Laurie Walker was utilized for the sole purpose by plaintiff to comply with paragraph
number (2) of the Court Order that required both MOTHER AND CHILD to attend
therapeutic family counseling which is the counseling that plaintiff's attorney is
referring to and not the Co-parenting classes pursuant to paragraph 3 of the Court
Order, which both parties agreed to, and thereafter utilized the services of, Dennis
Graybill for this purpose.
7. DENIED: The minor child has participated in counseling sessions for the recommend
period of time as mandated by the Court Order and has continued to cooperate in
attending sessions in excess of the (8) counseling sessions required per paragraph (2)
of the Court Order. (attached hereto and labeled as exhibit "A")
8. DENIED: Defendant is not required to attend any sessions with Laurie Walker
pursuant to the Court Order. In fact, Laurie Walker was and had been unilaterally
chosen by plaintiff who thereafter sought and retained Laurie Walker to conduct the
"MOTHER AND DAUGHTER THERAPEUTIC F AMIL Y COUNSELING
SESSIONS TO ADDRESS THE STRAIIN IN THEIR RELAIDONSHIP AND
DISCIPLINARY ISSUES" pursuant to paragraph number (2) of the Court Order. The
defendant did in fact participate in at least (8) sessions with Dennis Graybill, if you
count both joint and individual sessions for Co-parenting classes, pursuant to
paragraph (3) of the Court Order. Father does remain apprehensive to continue to
attend Co-parenting sessions with the plaintiff to the extent that the plaintiff mother
was confrontational and verbally abusive toward father during their Joint session with
Dennis Graybill in the past.
9. ADMITTED: The defendant sent a letter to Laurie Walker, voicing his
dissatisfaction with her unwillingness to speak to the child outside of the presence of
the mother to discern her sincere thoughts and feelings, absent censorship and/or
consequent discipline :from the plaintiff mother. Additionally father also expressed
dissatisfaction with the characterization of his daughter in a negative manner, by the
same counselor who was allegedly retained to provide therapeutic counseling.
,
10. ADMITTED: However, Laurie Walker, has never personally interviewed the father,
and her testimony is not relevant to the issue of custody to the extent that the issues of
therapeutic counseling as it relates to the plaintiff is unhampered, and unrestricted as
to the issue of testimony as to the moving party plaintiff and her consent to allow
Laurie Walker to discuss the counseling as it pertains to the plaintiff solely. Allowing
testimony pertaining to the child would be prejudicial to the extent that the child
would not be present in the Court Room setting to negate, clarify, qualify, or explain
her position in a responsive fashion in real time as it was being presented.
Furthermore, Laurie Walker was not retained to provide a Custody evaluation and
therefore, her testimony would be limited to her opinions as to the plaintiff's
parenting skills only and not the defendant's with whom she had never interviewed or
evaluated in this context.
11. DENIED: Speaking only to the merits of this averment from a legal perspective, it is
doubtful that a counselor cannot share a letter that was sent to her unsolicited from a
party with whom she has never had any professional dealings which is not based on
the substance of her consultations with her patients, but rather is a third party opinion
about the counselor herself as it relates to the counseling sessions and another
unrelated matter.
12. DENIED: For the reasons cited above, this information is inconsequential to the issue
of parenting, as required pursuant to paragraph (3) of the Court Order the compliance
of which was forthcoming by both parties and the counselor utilized to provide such
services was NOT Laurie Walker but rather Dennis Graybill, whose testimony the
plaintiff is not soliciting. Laurie Walker was unilaterally retained by the plaintiff to
conduct therapeutic counseling for she and her daughter only.
13. DENIED: Unless the Court is willing to entertain the opinion of Laurie Walker,
relative only to the plaintiff's parenting skills, the sole reason for which she was
retained pursuant to paragraph (2) of the Court Order, the presentation of this
testimony would be highly prejudicial to the defendant in that he was not required
pursuant to the Court Order to partake of therapeutic counseling with his daughter per
the Court Order specifically paragraph (2) thereof. Furthermore, the plaintiff has had
utilized the services of Laurie Walker in the past exclusively and has established a
patient therapist union over time, and therefore any testimony presented will be based
on the exchanges by and between the plaintiff and the counselor exclusively, absent
any contact with the defendant.
14. ADMITTED IN PART: DENIED IN PART: It is admitted that counsel believed the
testimony would be forthcoming relative to Laurie Walker and this belief would have
been formed since April of 2006 the date that the Order mandating his client's
appearance for therapeutic counseling was mandated. Counsel has had ample time
within which, and prior to the fourth rescheduled hearing to Motion the Court for this
purpose. It is denied however, that this testimony would lend clarity to the issues
before the Court to the extent that any testimony proffered by Laurie Walker would be
highly prejudicial to the defendant to the extent any opinions of the family unit would
be based on sessions with only mother and daughter and not due to any insight gained
through personal experience with the defendant father. Furthermore, Laurie Walker
was not chosen or retained for the purpose of compliance with paragraph (3) of the
Court Order but rather Dennis Graybill conducted the sessions relative to Co-
parenting.
15. DENIED: The plaintiff has "always believed that the counselor in this matter would
be available to the Court" which implies that from the inception of the listing of this
matter for hearing the plaintiff, had several months to present this Motion to the
Court, while still allowing for a determination as to its appropriateness much before
this scheduled hearing in the absence of having to again reschedule the hearing on this
matter.
WHEREFORE, the defendant requests that the Honorable Court, deny the plaintiffs
request to require the parties to execute releases as to Guidance Associates and further
deny the plaintiff's request to continue this matter to a later date.
3/21/2007
Respectfully submitted,
~/...
Greg quire
A mey for Defendant
West Main Street
Mechardcsburg,PA.17055
Phone: 790-5500
Plaintiff
tREcEf\rEDI
. APR /0 7 2006 I
IBY: l ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3296 CML TERM
CIVIL ACTION - LAW
IN CUSTODY
VIVIAN L MASHAS, AKA VIVIAN L.
LAMBERT,
v.
EDWARD D. MASHAS,
Defendant
BAYLEY, P. J.-
ORDER OF COURT
AND NOW, this -1L day Of~ ,2006, upon consideration of
the attached Custody Conciliation Summary - eport,- it is hereby ordered and directed as
follows:
1. Within sixty (60) days of the date of this Order, the parties shall attend a
seminar for separating families and shall file a certificate of their attendance with the
Prothonotary's Office indicating their attendance at the seminar.
2. Mother and child shall participate in therapeutic family counseling to address
the strain in their relationship and disciplinary issues. The arti nd not less than
eight (8 . ___.._
3. Pursuant to 23 Pa.C.S.~5305(a), The Mother and Father shall participate in
not less than eight (8) sessions of co-parent counseling to address the disparity of their
parenting approaches and to improve their ability to work cooperatively in parenting their
daughter. The parents shall sign all of the necessary appropriate release of information }
forms to allow a report of their progress, cooperation with scheduling, and compliance with
endance at the appointments to be released to counsel for the parties.
nv e on ay 26, 2006
at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire,
1901 State Street, Camp Hili, PA 17011.
5. A hearing on Father's Petition for' Modification and Mother's Petition for,
Contempt is scheduled in Courtroom Number 2 of the Cumberland County Courthouse, on
the day of July, 2006, at o'clock _.M., at which time testimony will
be taken. For the purposes of the hearing, the Mother, VIVian L. Mashas alkla Vivian L.
Lambert, shall be deemed to be the moving party and shall proceed initially with testimony.
Counsel for the parties or the parties pro se shall file with the Court and opposing
Exh ,b,+ II All
NO. 02-3296 CIVIL TERM
counsel/party 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 days prior to the
hearing date.
BY THE COURT:
Dist.: Gary L. Kelley. Esquire. 132 Walnut Street. Harrisburg. PA 17101
Gregory S. Hazlett. Esquire. 7 West Main Street, Mechanicsburg, PA 17055
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VIVIAN L. LAMBERT,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
EDWARD D. MASHAS,
DEFENDANT
02-3296 CIVIL TERM
ORDER OF COURT
AND NOW, this ~m-- day of March, 2007, following a hearing on the
petition of Edward D. Mashas for the modification of a custody order, the following order
is entered.
(1) All prior custody orders are vacated and replaced with this order.
(2) Vivian L. Lambert and Edward D. Mashas, shall have shared legal custody of
Amanda L. Mashas, born December 12, 1990.
(3) The mother shall have primary physical custody of Amanda.
(4) The father shall have partial physical custody of Amanda:
(a) During the school year, every three out of four weekends from
Friday after school until the start of school on Tuesday.
(b) During each summer school vacation period, every other week
with exchanges on Sunday evenings, the first exchange being on the first
Sunday of the vacation.1
I Amanda is an intelligent young woman who is now doing very well in school.
She is working at a Red Robin on weekends and on many weekdays after
school. She stated in chambers that she wants to live with her father and her
mother on an alternate week basis during the entire year. We find that this
desire is primarily driven by the continuing conflict that exists between her
parents who have been divorced since 1993, for which she is in the middle and
which greatly conflicts her. Notwithstanding, it does not serve Amanda's best
interest to spend substantially more time commuting to and from the east side of
Harrisburg where her father lives to school in Mechanicsburg, where she is in the
tenth grade. Furthermore, both parents and Amanda agree that conflicts she has
had with her mother have lessened. We have added an additional overnight with
the father on Mondays during the three weekends out of four that Amanda has
been staying in his home, and eliminated the time previously allocated on
Tuesday evenings which is more problematical in light of the after school job.
We have also increased the time Amanda has been spending with her father
during the summer school vacation period.
.,. .,.
.... .
,
(5) The father shall have Amanda in even numbered years from after school on
the Wednesday before Thanksgiving until the beginning of school on the following
Tuesday. In odd numbered years, Amanda shall be with her mother during that entire
period.
(6) The father shall always have Amanda at Christmas from 3:00 p.m. on
December 25th until the evening of December 28th. The mother shall always have
Amanda on Christmas Eve until 3:00 p.m. on Christmas Day.
(7) Amanda shall always be with her mother on Mother's Day and her father on
Father's Day.
~ry L. Kelley, Esquire
For Plaintiff
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