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Home My WebLink About94-04651 ] \ , .c - 1J ~ J I ! j I t ! ~ i \- , J -- \(), ~ :t, I ':r: CJ,/ 61 ~ .. '.. - - COMMONW"~ALTII 0..' I."~NNSYLVANIA, } .'IS. COUNTY OF WAYNE, I, ......~.P.J1.V.NP.....l.......l\Q.~.~..................................... Prothonotary of tl,e Court of Common Pleas of OPINION & ORDER said County, do hereby certify that the foregoing is a full, troe and correct copy of the flJuJlaJ:l<<Jtll '''th th' t t d 'e'n Jo Ann Stinnard OJ e cause ereln s a e , w"er I ....................................................................................................... ....................................................................... Plaintiff( s), and ......\I.A.r;.r.y....~.AIP.Y..ft.\...g!J.l'.".\.,.I....t.J.... ........................................................................................... Defendant(s), so fuU and entire as the same remains of record before tl,e said Court, at No. ..2.??....... of.......'!.:..~.:...!!.?........ Term, A. D. 19 85 IN TESTIMONY WHEREOF, I have hereunto set my hand and affIXed tl,e seal of said Court, this ..............~.~.~......................... day of ........................J'.".\.Y...................... , A. D. 19.?-.4. ...............~~.......................... PPulH~Ol'Rl W.\lliE CO., PA HI W'l\lSSIO~ [)PlRES JA~. 2, 1996 Prothonotary. I ROBERT J CONWAY P 'd J d .", 22 d J d' . I D' t . t , ........................................................................... resl ent u ge OJ tde n U 'CIll IS nc of the Commonwealth of Pennsylvania, composed of the County of Wayne, do certify that .........Il,J;J.Ml1.~.P.....j'.,...J!..Q.llll.............................................. by whom the annexed record, certificate and attestation were made and given, and who, in llis own proper handwriting, has thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was at the time of so doing and now is Prothonotary of the said Court, duly commissioned and qnalified; to all whose acts, as such,full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere, and that the said """d, ,"tifi"" ~d '"'~ti.. ~. ;, du, f."" 11.'" "d m.do by d.. ",.per officer. WITNESS my hand tllls.....2....... day o~..._... ..... ;........If!r P"ddo" !.<Ig,r&. '7.............................. COMMONWEALTH OF PENNSYLVANIA.} 55 COUNTY OF WAYNfi. . I EDMUND J. ROSE PI'''' C '''c PI , ....................................................................... rot lonolary OJ I"e ourt oJ ommon eas of said Counly, do certify IlIal IIIe HOllorable .............~~.~.~~!...~.:...~!?~.~~.~........................................... by whom the ff/regoing allestation was made, and who has there/mto subscribed llis name, was at tI/e time of making thereofand still is PresidentJudge oflhe CO/ITI of Common Pleas of said County, duly commissioned and qualified; and to all whose acts, as such,fullfaith and credit are and oughl to be given, as well in CO/lTls of Judicature as elsewhere. IN TESTIMONY WHEREOF, I have he;dt my hand and affixed Ille seal of said Conrt, tllis .............................................. day of ...............~.................... , A.D. 19.f.t:. .........................D&f.f.:~~~. ....p.e- PRllTIIOliOTARI WAlliE CO., PA P Ht CCl'I!ISSIOH ElPms JAr;. 2. 1596 rot ,onotary. , , , I ,. ,I -.' \ \ . . . f . . . . . . . . . . . . . . 111: .....i . . . CO' . . . . . . .....i ~ . . . . 0\ 'E . ~ . . - . . ILl e <, 0 i- . '" ..:I: u . 0 ::>, III C I/) . . = =: .. . ~ =: 8 . l'l' <, 'C . en t:>1 . " . =, .. III C) . . tl Ie ~ . . <, ..:I, l'l . ., .- . . z: > ILl, - . Z . z: C. . "': ....: ::>: e . . . ::> ... :0:: :0: =: Hi <, III e l'l l'l: m: m! ~ e . . . ILl . zl . . ><, u.. e . 0\: z: =, .g . . 'E .... <i . =: J l!l . . <, ~ 8 . if M' oi .... . . c:i "i =1 .s Z t : ~ : "" >-.. - '"'... ~ x: ...., .- CL. ...J~ .~.-j"l : .-).r. .' :.. , :r '::nV", , r '" , l": ~""": . ~ T.: <:l :r "'...'\ <:l C) ., . ~ I.:) .~ lo i "* = .1'" , '- !n ... ';;1 ~ ~ -f- => ~.; .~ ~ or.< <.J ~ - - . . . . . , No. qLf -4lc5/ (IV" I 1;. ( /Yl ~nihb ~tnh5 of J\meritn. COMMONWEAI.TII OF PENNSYLVANIA: COUNTY OF WAYNE 55. ~n tqe QIourt of QIonutUln 'lens of ~nib- QI1lUn~. Among the records and proceedings enrolled in said Court. of ......!l9.MI19.~...g.\..\!.A!l........................ D.R.//7 Tenn 19 85 No. .;).7.'.......... is contained the following-viz: COPY OF ENTRIES IN ..............................................!?9.!'!.~.~.:r:.t~...~.~.~~.'!'.~.~~.~...... DOCKET : NO. 379-D.R.//7-1985 JO ANN STINNARD PLAINTIFF VS HARRY SAMUEL GARULA, II DEFENDANT SEPTEMBER 4, 1987 OPINION AND ORDER-------------------------FILED SEE ATTACHED CERTIFIED COPY :- co <Xl :.:'" - >- -.;,.. :z: ...' ~ 7:>- ~ ;...,rt:~ N ~-C:t.., .7 , ,t- _h. ...0 '4J :i t:l z:~;... ""a:a: -=r -r t- IU ;ce. . 0:- ... ........ u.J U':> /" (;N""~"'" . IN 'rilE COUR'I' OF COMMON PLgl\S OF 'l'IIE 22ND ,JUDICII\L DISTRIC'I' COMMONWI~I\LTII or,' PENNSVLV/\NI/\ \~1\ VNI> COUN'l'V DRI\NCll JO ANN S'1'INNI\RD, NO. 379 - 1985 - DR#? ./ PL/\ I N'l'I FF VS. CERTIFIED FROM THE RECORD JUL 0 5 1994 CJo~~ II/\RRV SMIUEL G/\RULA, II, DEFENDANT OPINION I\ND ORDER ., ., pr~cedural lIistory_ 'J'his case wns begun vin n Complnint For CustoCly fileCl by the Plaintiff on December 27, 1985. On Jnnunry 9, 1986, Defendnnt filed nn Answer thereto. 1\ Master wns nppointed, nnd he held n hearing on Februnry 28, 1986. The Mnster filed his Report and Recommenna tions on Jul y 21, 1986. Exceptions to the Mnster' s Rc- port were tnken by the Defendnnton July 28, 1986. A hcnring thereon was held on August 24, 1987. It is these Exceptions be- fore this Court now. Issues Presented ----.. ------------ Simply stated, at issue in thls cnse is the cuotody of two (2) minor children, llnrry Samuel Garuln, 11.1 and 'l'abbithn ~larie Garuln. Finclinr'r: f"lr 1~(Il...t: --~..~~------ 1. The pnrties nre divorced. 2. '1'he parties .11"" the nnturnl pnrents of the minor !I II -2- children. 3. Pursuant to il IHvorce Agreement, Harry S. Garula, III, born 3/6/76, has been residing with his natural filther, the De- fendant, while pursunnt t.o that Silme agreement, Tabbitha M. Garula, born 7/1/78, has been residing with her natural mother, the Plain- tiff. 4. Since the last hearing in this mntter, Harry S. Garula II has married his then live-in girlfriend, who has two (2) daugh- ters of her own. 5. Harry S. Garula, II appears to this Court to be in a stable, seemingly long-term or permanent, relationship with his present wife, the former Catherine Jurgill. 6. Harry S. Garula, II continues to seek professional connseling to enable him to be a more effective parent and to work aut any inadequecies which he may have as a parent. 7. The Garula home is fit to huuse either or both of the children. 8. Jo Ann Stinnard has been in several unstable rela- tionships that this Court can determine. 9. Jo Ann Stinnard presently has a boyfriend, named Rich Torrez, at whose house both she and the children frequently stay. 10. The Stinnard home is fit to house either or both of the children. ,< -3- 11. Ms. Stinnard's unstable relationships have had a deie- terious effect upon Tabbitha, at least (who is in Ms. Stinnard's custody) as is evidenced both by the testimony and by the fact that Tabbitha failed third grade. 12. Jo l\nn Stinnnrd docs provide more formalized reli- gious training for the children thnn does Harry S. Garula, II. 13. Both pnrents help their children with their school work. 14. Both parents obviously love their children very much, and are deeply concerned nbout them. 15. Both parents' home and social environments, as well as their personal inter-personal relationships, have improved since the last hearing in this matter. 16. Ooth parents provide adequate physical environments, and both arc fit parents. 17. Harry S. Garula, II provides a more stable home life for the children than docs Jo l\nn Stinnard at this time. 18. In summation, while both parents are fit parents, well able to raise either or both of the children, Harry S. Garula, II is somewhat more fit, solely by virtue of his more stable home life. 19. This Court makes no moral judgment on the life styles of either party. (, :1Vt;f"'.......,. -4- C;.Q.!l.c:.,!..\~~i 0 n IU~_ ;"..!!.,nw 1. It should be the objective of this Court to decide what is in the children's "best interests". This term includes the children's physical, intellectunl, emotional, nnd spiritual well-being. ~;on?n~es-y~~~~?a~es, 337 Pa.Super 1, 486 A2d. 449 (1986) . 2. Purther, it is encumbent upon this Court to protect the children from harmful situntions while fostering meaningful relatinships for the children. ~omm2!1weal th ex. reI. Miller vs. Miller, 329 Pn.SupeL- 248, 478 A2d. 451 (1984). 3. Absent compelling renons, siblings shoUld not be sepa- rated. ~lcAnullen vs. McAnulle!lL 300 Pa.Super 406, 446 A2d. 918 (1982). See als2 ~aq_y~~_llaagL 339 Pa.Super 441, 485 A2d. 1189 (1986) . Djscussion Pursuant to the Pindings of Pact nnd Conclusions of Law set forth Supra, this Court holds that primary physical cus- tody of both childrun shOUld go to their natural fnther, Harry Samuel Garula, II. This is done because it is in their best in- terests, and beenuse there nre no compelling reasons to separate these children. However, because the natural mother, Jo Ann Stinnard, is also a fit parent whose love and concern for her children is ob- vious, this Court is moved, under the Miller doctrine, Supra, to <. -5- aid in fosteLing the relaUonr.hip between her and her children. Therefore, this Court will order quite liberal visitation rights for her. This Court makes the final proviso that it will retain jurisdiction in this matter, and, upon sufficient change in cir- cumstances, will modify its order appropriately. Hence, this Court makes the following: AND NOW, to wit, this o R D E R Me/. ,./.-- day of September, 1987, it is the ORDER of this Court that primary physical custody of both minor children, HARRY SAMUEL GARULA, III, and TABBITA MARIE GAR- ULA, be, and hereby is, placed with their father, HARRY SAMUEL GARULA, II. Legal custody shall be joi.ntlYllhared between Harry Samuel Garula, II, and Jo Ann Stinnard, the children's mother. Jo Ann Stinnard shall have the right to visitation at least one (1) weekend per month, beginning on Friday Evening and ending on Sunday Evening. Such visitation shall be with both children and shall not interfere with their schooling. Jo Ann Stinnard shall have the right to up to six (6) weeks visitation with each child over the Summer vacation months. Such visitation may be in consecutive or split one-week periOds. Jo Ann Stinnard and Harry Samuel Garula, II, shall al- ternate spending holidays with the children, save that Mother's Day shall be spent with Jo Ann Stinnard and Father's Day with ,- -6- Harry Samuel Garula, II. Visitation may be exercised upon two (2) weeKS notice to the parent who then has custody. This Court maintains jurisdiction in these matters for further proceedings as necessary. CC: ~B'{'--'I'jrF; COURT? . , or'" t /. , //tl<..(./; .. n'7-t4.7r"f' !.,/ RO~ERT J~CONWA,{, Presid Judge t~ffrey J. Wander, Esq. ~rrol C. Flynn, Esq. ) .. L. Brown, Court Reporter -