HomeMy WebLinkAbout96-02186
".,
~
"
I
I
,
,
,
1
,'J
"
, ;',
~
J
~
.....
')
i
,I
,(
,
,
"
Since October 14, 1996, the children have visited their father under these supervised
conditions as noted above, however, the petitioner continues to display an uncooperative nature
towards the children, making several derogatory comments which shall be testit1ed about in court.
Since the supervised visits have gone into place, the respondent attempted to complete a
custody evaluation by Eugene Stecher, M,A, of Guidance Associates, to further establish a need
for continued supervised visits as opposed to unsupervised visits. The respondent, through her
attorney, attempted to include the petitioner in the evaluations so as to provide a complete
custody evaluation for this Honorable Court to review, however, the evaluator was unable to
complete such an evaluation within the given time frame of the December 18, 1996 hearing.
Therefore, the respondent has agreed to a continuance of this hearing so as to complete a custody
evaluation for review by this Court. However, the petitioner has refused to continue this hearing,
Therefore, the evaluation performed by Eugene Stecher of Guidance Associates is limited to the
review of the respondent and the children, Said evaluation is attached as Exhibit" A". Today
respondent is still in agreement with a continuance of this hearing, however, the petitioner now
wants different circumstances for the supervised visits, The respondent feels that supervised visits
are necessary due to the petitioner's temper and lack of self control. A supervisor, therefore,
needs to be able to control the petitioner, and the visits need to take place in a setting where the
children are safe.
II. POSITION OF THE RESPONDENT
The respondent's position is currently that the children should continue to see their father
under supervised conditions, Testimony will reveal that the petitioner has displayed violent mood
swings and often lost his temper and abused the respondent and the minor children both physically
and mentally.
Additionally, it is the respondent's position that a full evaluation should be completed in
this case due to the nature of the respondent's position. Specifically, the respondent teels that the
petitioner has displayed an inability to control his temper, in addition to a temperament leading to
violence and abuse. Due to this position, an expert in the area of psychology would be greatly
helpful to this Honorable Court in reviewing the parties' positions,
III. LIST OF WITNESSES
a. Lisa A Straitiff: Relationship with the children, past events with the petitioner,
current visitations, and future visitations,
b, Michelle StraititT: Events that took place during the marriage in the marital home.
c. Mel!na Straititl' Events that have taken place in the marital home during the
marriage.
d. Barbara Seward: Events which have taken place during the supervised visits.
e. Eugene Stecher: TestifY regarding results of one-sided evaluation.
f. DeMis Little: An event of uncontrolled violence displayed by Petitioner.
g. Respondent specifically reserves the right to call any additional witnesses not listed
herein as the hearing progresses.
h. The respondent is specifically requesting that this Honorable Court speak with the
minor children who are the subject of this hearing. Additionally, it is specifically requested that
these children be interviewed out of the presence of both parents, preferably in chambers.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
o
Rebecca R. Hughes, s
60 West Pomfret Str et
Carlisle, Pennsylvania 170 I
717-249-2353
Supreme Court LV. No: 67212
Attorney for the Respondent,
Lisa Ann Straitijf
"
ElIhibit ~ A"
,oil
"
"
"
,
"
"
-'
, ,
" , ,
, "
"
'('i,'
..~ l,' ,-:JL.J J.J:134
~.J f~J
StInk')' E ~h""HJct E..j LJ
f'.<rn..~ C...j.j.,........."', ,....
4;. hl.-,r,; r ...1
l...,npHiU "A 11011
C'~, ~ ..,;> . ~ I or
Guidancr A~~oclates Or PA
Branl:h Olfkli
SJ. Norlh t:"'(',I)nd ~,t.
<":harnb"r.hurH, I'A 1 nOI
n~cember Ill, 1 ""r.
k\l....."..H !r-ruh,,', M..\
1.k.",W'l1 r.ych.,I, .~i'-l
.,l Nn"...i\....'.n.i.:.'
('h."t,t...r~IILlr~ I'" 1;'!Ol
/"I';'i:"I,Q\I):
Rebecca Huches, Esq
fin Wc,t ",'mll'el Street
C1uh~lc, Pu 17013
He, !.isa Strn'lItrnnd her childll:n JIl~SC, age 13,
b. 3/6/8.\, Rd''''l.'lt, Hlle I~, b, 9/13/8t,
Lacyu. HMC l~, b ~I J0/78, lUId LarisilA, 8MC I a,
b, 5/30/78
OCllr AlIomcy lIut,\hcs
As per an initial requeslll'om your office J condllcled a' Cuslody Slud~ on December 4 allhe
residence ofM,s, Slraitiffand her children I eonducled Ihe e\',llualion with the undt'rslandlng
Ihal falher would not be involved. J intended to preparc a <<:1'" " t ba:\Cd on nlY "xlll'ri('n.'1l with
''''.'' h,r "".1 childrcn but was subsequenlly advised in conver'>illiollS wilh yourselrand Attomey
Ir'.,u\ li,al Ituh"" Slrall;IT, Ihll children'. (alher, :II", ..ishc,11<> he ,neluded in lhis evaluarion, Th,~
pul Friday I receiveld (unher direclions (rom you, oOk.e to proceed wit" the repon since Mr
Slraitiffhad withdrawn from panidpalion '
~
flrit"r r.uliI.f lJ.u:kJl;rmlJuJ. I alll ad\'i~t.'\1 fflrlt the pa".'nr~ h:1\'t' ht't'lJ 111;Hrkd for sixteen YCRts
and thall{obcl1 StrailllJ' IS Ihe nalul'01I tiuhcr of J~"c and Reb""Col and II,. adol'livc father of
Larya md Larissa I undersland Ihal Cor rhc pasl Ihree years falher has ,,"n aelf-employed in the
field of home improvements family .~)nl1icls I~<ll(> 1:,lher leaving Ihe horne in Novcmh,'r or
1995 Mother specifically r-ays Ihal (alher had become violent wilh Michelle (the oldesl dau~hter)
and Ren.:~ca After luvinll, .he .,h'be's thaI he had frequent .c,'".. to Ihe hUllle until April of
1')'11' ...hen ,hc obla"'cd a PI',,\ SlIe . "'I"llt, falhe' ,1' ,.)ing i1t 11"11 tillll' rl,lal he was prayinll for
permhsion to kill h.'r h om'" pril forward tllere had heen no conlaet between father and children
,:mil all 01'1.:, ".,' "c.j ill eMI)' Odobel which cSIltl>lishl'd 210 3 h\,\ur Sunday afternoon visits Illhe
MJ MIlII '1 udale Ihere have bccn seven \;"talion\, and these are supt'rvised by a mutual limlty
friend liart.." i. ~eward Ad,liti(\lIal int,'rwllliol\s havc ~pp01r('ntly indudcd ~cssions with Mark
Deckurd, u Christian counselor, ..hooe UIliCll is in DlIllaslown. Mother advises thaI ahe and lhe
dtil,llcn have anend.:d two I... ".hour "',,;,,ns ,jTl~e ^pril, and ~"< has ~I,,) h,ld. number ofpltonc
"ails with Mr Dockard Father hA~ app.trcntly lalked 10 Mr. Dcel.:ard, as well,
I bad Ihe opportunily 10 inlerview Barbara Seward at tht StrailiU'home. Mrs, S_ard i1aa' 61
a"d practiced a. an LPN for ZS years, with 15 ycal' spenl al the Harrisburg Slate Hospital. She
has known Ihe Straitilf family for 11 yellls and .watchedthe children grow up" Her hu~....
CDcouraaed Je~se in his Ipon~ card eoll~"t,()n. She Ilaid, "My gr.ndlUds and LiM"kId. pllyed
togelher." Mrs, Sewurd advised Ihal she has freqllenlly _II lhe children IIf her d.uehter',
( ,d rho \'1')01 . r~~, ""I"i.I..ll T....l.n~. - An...,~,. ~l..".lKl'Jfl""! . M.,Jiolllnn (:,btu~)'. Ltata,"ion
"
,1','",1
,': 1 .,'1" f;yj-:,r,~~l"
:I,,';:LO'
" I '.'
. \ ,,/':;~~
.h. . ,J\.... "'.J:~'.J
I ,t.....J ~\\4
",sidl'l\ce and has wBlehed them in th..ir home ~chooljns activilies lIer view of mother and Ihe
d1Jl.tn'n" (hat Ihc~ I\IC "~cnuine dun'lp"t ,... 1\.1", 1111'S ....hK' you ",...Ioday h II.., wny Iht'y
arc. She h8Ii not viewed harshnen in mother ,^ilh rellarlllo lllsclpllne, . She will talk 10 them or
leave the rl,om and say, 'We will ta'L: 'alt'r ,. She has nol willl"",'d mplh.'r!..'hild put downs
!h!,.l,d,,,l' tlw ""rs "III> 1',tlllcr, M.. Se"Md advise~ tlllll n",'" ,'fth~ duld"m tlllk with their
fill her llu';IIlIlh;, tinll' In Illlr "puuon this decisit'll was nOI 111.I(1c hy II'" bul was made amol18
the ,hildren them,d"" At one lime or anolher thl' children have all di~ussed .....ith her their fear
of their fathers "screnmin~" and p'''<I''ly "10111 iIII'. ., I>."l' h.", hl"'" "" .qlll/t' (II "'\(1,,' ""LI'C
She a<lvi '0" thai whir.. .lloinH to the Sundey visits she hfts observed .shaking" inlhe children and
.whal it" lj""<1lons COllunH home th.'y 'end 10 t", "rcll"Hd" 811d arc I1IlH" 'rcla\t1d .
Quesllons '0 be Addn'ssrd: What is Ihe nature of th<: relationship between mother and children'/
Given no wnlacl between the evaluawr and fa tllt'r , and no observations "fliuher ..lid ~hil.l'ell,
what, if anythil1g, car: bc !aiJ about falhcr Blld ct"h1r.m"
Me-.lde-nre-, TIlt' fam.') ha' I>ved at the cUlTent residence for approxlmately 6 years 'There are no
immediate ptans to move A van WllS recently purchastld for lransporlation The home is 11 ~
years old and sin on 4 acres of ground which is abolll 2/,\ wooded area The home is largely
IInnni.h~ un Il1e IIh"t" \', ith drywall not even in pla~e as yel There Is a large open area lI'ound
the home wh.ich can be utilized for a vilrlety of a,,.ivities The hOllle Sils aboul ~O' oil' a rllral road
The properly ",as pla,'ed fully in mother's namc ahoul 10 days allo Heatinll is by Oil/hlll air, and
mother advises Ihat she recenlly pnrchased t ~o );:111",,, of fuel, Some heal is also supplied by a
stove in the kitchen lJurinH my visitthc rcside'h"" \\ "s qllite cooUonnllre, Downstairs room
spacl' COlls;sts of living room, kitchen/dining area, halh, and laundry alll\ utility areas Upslairs
Ltu::~ ;~lt l!.n:l.:' Lc,;.\:f\.',('r1I~ and a rC\ll1l u;;,,'d 1"-'1' ~dliJJI ~lIrplics illld "c!ivltICS. The house is 4,;lan
and orc.lr.rly Thc children have llIalt'~'sSl'S hllr n,,1 Iwds Tlw el,h,,' <laughters, Mkh.-llc (21) and
Malina (19), &hare a room, the three middle dalltlhlc" sharc a I',l,)m, and Jesse hL' a rmlll) , Opcn
walls make prh'ncy minimal, but the childTt'11 ""'Ill 10 arccplthe.c circumstllJlces and show
appropriate mUlual respect
I;, Id ll.ll. ;,;!ft'lllnJ: ;\1('11,,". r!,: ,1" 1"1("" "ll.illilC fr,'1I1 ",!'lllktll thl,lIC" tI,'r pan'nh live in
Hllrri,hur~ I\S do three sisters am\tloe;, famili", Thcr~ are conlacts duri~!? the ye.\r, ""l my
!mpr,",;ion is that the famil)' is nt'l ,1",-' \1"lt"" !\"'C l'>inh lU her first elllldas a Il1iddle Ittn and
WL~ raising fOllr children hy the l'llle she me! hel currcnt husband Over rhe years she has home.
Sdl<ltlll'tl thl' c1l1ldrcn, stlfllctllnes wo. ~ in~ oll"iil., Ih., home, mosl re~.'nlly al Ross from April 10
September Family IiviJ1i revolves around hom~' 'cholll and church ~C"VltICS There;$ fan,,!)
involv~m"nl ~II"'O ,'hllr,~h,,< lht PalmMown Church and GI'ICC: Dapri!!,
Mothtr Dtseribu Je-ssr, JPosse is In 7th grade Mothcr views him as an 8\'cragc studenl, well
1'~I'lflC', j, lrit'ndly, somcwhat .h)', I,,,,,~I.,, a hille laI~' ,,\lout chores, consistent Ind dependable, I
d"ld .... h.. eru!s easily Itnd is C(1!1I1",,,,,,rlalc, .IIJ "ht' j, . V,) 10 b\' around. He plays football wirh
Ihe boys at church, visits back and fo"h ...ilh lhree neighboring friends, paniclpatesln the Y
family membeuhip, and is all"wed one hour of .'idco game~ pcr dllY, ills needs arc a role lIlod~I,
5t~hilil)', st.-':lIIity, umlerstand"'l:, prOh,.clion frnm "'ad influenccs, consiSltlfK:)' and struc,ture,
groWlh in be~omin~ aware of his appearance, and heing a kid withoul c"'ccs~lve worries RighI
(iA",l'usto.!yl.v,,!'SlfllititT '1
.'
'-/'1 ' , "-',," ',..~l' \
,.'
','"
~ 'I \,_
now Jl:~!>e's vocational gOlll i~ to be a professional foolballll!ajC' Mothcr 5Iate~, "lie b.\ Iinle
young yellO know hi~ Sills and lalenl~. She "'an'~ him to lw "^ so'lly young man a ~"rint\
unll" ""lid ng "",1'311.1" ~I", rCl'ons ,liat I(~~\: J",', n, 'I h,I\ l kh;" "" p",tolClns, and hia bedtime
is 103010 II PM, MOlher showoo m,' ~ome Jllcntrehlhal J..".. hR' rlrawn ~ince visits wilh father
1'<'" 'I , ' ,,'" IIn,"",plilll<:nt,\lY <,( f",h.,1' ~(:cl,t".." :"" tl"., rcr ,,'n (a pastor'), whom talher
l>rlll~\ a) ,I illS, Ii~ spyin~ 0111 of a Illllhllee can MUlher :<aid Ihat ,he is tom bt'.ween allowing him
to express his feelinss in lhis mll/lllCr IInd lelling him Ihat he shouldn', bl' disrespectful
Mu.ht., II.'.."'U..'. H,'llI''''';!' Rclo,., ca " in Illth WOIdc Molher views her as a very good
.Iudem, e,en all overa~hiever, a hillh hclf-mulI'Bwr, lIIuskltlly gifted, very pw1icular about hel
mulie but sloppy wilh her olher W",I., so_what ofa worrier, be81nninll to come OUI of her shell
IIOCIaIIY. comntemed on by other5 as a malur.. young lady, a real go Ilelter who ne.lds 10 be held
back sometimes, and wanllng to be the be.tlllld to do II Bood job, Reb~ccOl t.u,;~5 piano Ie.som
lUId ha~ achieved ulll 'O"y hi!::" len,1 Sho: also <-'njel)" ,olkr ".lillll, ""'.;"1> hllir a"e56orie.,
,:ot)kifl14. I,,-hl.ll dl RI..t'viti~'~. nlld wntm~ In her vcr\' many pen flal~ ah"n~l Juily She h,,~ ('\00 \'c".
HOuJ Ihend., une IWO huuses away alld one .bout I ~ miles away, MOlher views Rebecca's n..",/o
as auidance to funnel her energy into profitable aclivilY, a ,olllin"illlcl nunllr<: ,,(her l1\u",'O.II,,'<'''I,
suldance about female womanly things, the UlUrancc ofbeing loved, ac..eptanee of her
appearance, reanurance that she docsn't need to comp<'h' with her 5i.I"", enc,ouragemenllo
enjoy her childhoOO withollt worry ahoullhe fUlu'c, alld u/lller~l.ndl/lllthHI the family problem.
arc I:<>t hcr f,,"lt Rcht'~".'s ,,"cationll' goal is lU l><: II conceit pilllliM, IInd .he Ilttk511boul ~..Ililll\
II IIIl1sk schollU'~hjr Rebecca is not view...d a. having bchavinr problems She can ~ mildly
m,,>, 1,1: 0'..1 " !','.';'" ally very r"',"~nl Sh.. relreat' to the pial1,., \0 rcl,c\'t;, stre.. in antiripation of
Sunday visits, ·
.
MII.lIer J)c~crlbel Larya, Larya i. in Ihe 12th grade Molher views her as an averalle student,
.hyet Ih.." her more OIlIllIx'YIl/lt twin, dedicated, level headed, faithful and dependable in her
work, carinllliOOUI her own 1'''''<.111, OliO' who lo~... '1",,",,1, to the highest dqvCle. one who i~
confident in her own opinion and not ca<>Jiy swayed, and rrelt'rrinll pnvaey more than the other
childrl'tl l.lIrya j, v cry ncll\C with her pen palo, laH.., fl~,,"e,,~I:.. '" ",..nd. on the phone and
"( .," .r/o" . )rca~ion~lIy at lh)nJ~ :\Od ()lIt~idc the "'ortW ~l.l" not C:llrai:t'J if! f',l"lTIal d.I!:llj.;
.',i :1,,11 ,;I,''/. in C'hlJrdl 8Cli"ltU."S mdudmg c.111ohng iJ,lld flla)~. au" "Ufk.~ 11'.r; .:vurun~~ II "c~k
. I ".1 ,', II Ro!-~ f\f\)thN !!oC't"ti 1.:H)iJ1S nccd~ as rel\55UrMce .h.d hIt' i~ Il",. p,l~"'lnlt 'wr
:') I ,.1 ; '1-.), nl,.~ ~jli'.t she !;:hU tini~h ~ch"H.)1 and lakt" ahe SATl\. instruction (In "ouumly th'rJ~~ iirlJ
~or.;j;,1 dill... .PI'! Ill,\flllt'!rs, enCtlUra,t'ltll1Cnt not to WOrt)' ahout pee. b'.",cptH.nct!', faith Ih:l' fit/llil)
problems c^n he ovcrcome and thing. will gel beller. alld a ",".e ofbeinK OK about not being
SUI~ ahnuI whar ~hl' want... \I) d.., with her life Mother al'l.l.... wantcd to indi&.:ale that moral
instl\lctioll wI\:> mo~l impo'tanl for all of the children Larya's vocationat 80al is probably 10 work
with animals in some WilY She is un,erll';" about <oollege but will be the fllurth I!irllo u.ke lhe
SA Ts Larya d(le~ nnt have behavior prohlems, bul sh~ is subjecl to Iypical teen moods,
MOlher Ducrlbn 1,.risSM, Larissa i~ in the 12th 8rad~ Mother views her 8$ an above averase
",,,felli, ""I!'oing. chet'lT)', congenial. overachie-.ing, hi"hly mOli..led, h;srd working, and a very
he,"cs! pt'r"lll who sets others .tr&ishl MOlher descrihcs L...,i'M IL\ the spokesperson with lither
fill the dLild.en 1. III is", velY much enJoy. her friend~, hut she al<lO ha5 done no fOllna' dating,
(;AP'('u""dyrvaI/SURi,ifr 1
.
'I
,'I
L 1. ~ '\JG
Sh" II vcry creallve with crafts and is in"olved in Illllny or the ilctivili.,s alf\....1y n1C1ll10r1cJ ,'f Ih.,
olher children She ..ork, al Ross five evenlngs a week dividing goods into boxe~, MOlher sees
Larim's, fk."d~ a~ bC:Iflt'. 5illlllar h.l thus,,- uflwr !lister tHIt abll 1111'1:111,11\.,..1 C:IIl,:OUlu~\'nll.:nt nul h.>
work her sell to Ihe poinl of bumullt, reassurance Ihal family prvblem. willllel beller, and Ihallhe
filmily can tI., "..mmil"'.. .'HI work toward ,0mnlOn I"'al, I.ari"" wo"ld probably ht'H,e1fprt'fer
svmc 'H'e or 11~"d~ (.11 ""vrk ill II... lulu,.', I'"ll uti"" \e,.,,, I,., 11...\ ,he would male ag'eal
polillclan I arissa does nol have behavior prnhlt'm~
ra,tnllnll Quutlons, Mother responded to thirty ~iluntions which requir('d a deei~i\m atloul
how 10 reacl 10 child behavior lhe 'l"ebtiun, rang.'d frum infanl .'arc 10 teen Ille n.'C,h Here i,
an example of mothc,'s respon""s In Ihe ~irualion pre'enled 1\ year old John IlIkes a hA~etlall
lI'om a store withouI paying for it. The parents Ilnd oul, ealllh" Slor." and sendb 10hn back 10lhc
store by himselfwilh Ihe ball MOlher's rarin\:: Poor to Fair parenling What would make il good
parenling? "The parenl should \:" bael, t"lh,' SIlJII' with him" Ifl"\llenional ratings arc
considered, mothcr agreed 70% orthe lime, ancllh"" wlllrillthe 'ange of ",,,sl p,lIent, who
rC!'spund to .he~c ~itl!nti\HI~ .
Chilc1",n'.lnttnic"s, I "'<plain,," In Ihe children Ihai 1 woul.! nnt hlh" 11r.' ,'pp'munifY I" meet
II""r furher My basic 'i'le,li"n W8', "lIow do you feel aboul li.ing here "ith your mother?" J
then asked, "How was il differenl when you, falher was h..,.."" The Ilnal 'Iu...110n WolS, "Whidl
(,lmily nwm!'>", ,-.In youI"lk to the casi..st'!," and "Who would you !;,,~ :0 abOul a protllent'"
J~se said, .olt's f1m\ M wh~~n :l~~:t'ct nholl' living with nh"ltht:r HI' ,">pl'r'taQ~)usly said, "J like it
to<'!tCI here wlthulIl hlll1 (I:,lh') Ihan Will hi",," and he ,.tid .tner hllllrcr inquiry, "I don~ have 10
", ,),!'\' a~''''111 "I'en he'll blow up" .Iesse lillther 5l1id, '" talk 10 Re,l) Iho.Pmosl" lie would talk 10
"llh.IIU" bll(l\H a problem
Rebecca said, "Ever since he left ils been much heller I just like living wilh my mom." I'd be
living ill fellr with daJ phy,lcally ahusive" Shc flirt her SIIi", "M\lbl of illY sisters I can lalk 10
aboul anything J would tell her (mom) aboul a prohlem first"
'~I_1"\'a ".I'd, "I I' ~ I' li"lTl,l: ill! ': 1 dtlrl't ~,n. 1\\ ,11.l' I \\, II rill ,,' llllnf\ H Iilhlt- a.1l\V.IU,~I\' ,+.\~" ~hc
doc~n'l C"el mo,~ ~omf()rtdhk lalkint! I" "'Ie "l.olll't, '" """ther, alld aboUI pr\lt>lcm~, ". really don'l
talk thin~s Dill I 1\"1<110 b., bv 1II\,,,If ,,101" l.ary" rle'elit....,! her fufher when present as,
. .\\,' .t' "'tl. \\(JUIJil'l ~;\) III \'I,lrk I'd IIk"'!(I thlnlo. Ih..1 nlfl,;\!" lll' l.:ould chant;~ and lhifl,tls
would he ""II" " Of Ihe lI>ret' ch.ldrrn I.arya was the only ont' who sponlanCOUlly held ouIIWlpe
tor a po,~itive chan~e in falhe,
Larissa said, "I d\lll'l haVl' any prohlcms with hving h~re wirh lilY ramlly" She identifies wllh her
older sislcr, and ~aid, "l\Ie and Malina at~ a Il.lt ahkc" St,.' a"", ,,,id, ". di~us~ ~lulT with my
mom" Rc~ardin~ her fillher, "" prohle/ll~ wilh him being around. ..never know his mood
......never know what will sel IJlm off"
(;enua. Obnrntlon: ..'.mi", All of Ihe childrcn arc polile, wt'1I mlUlllCrtlt, helpl\J1lo one
anollier un.! 10 their III"IIICI, ~'lllc' td",,'d th"III,dves, an.lplll "",,"Uent elTo" inlo my requesti or
O^P/('usfodyl'.vaVSrrlitift' 4
.
. ,
.'- .
.:' l'~
\.\ ~V1
th....m AjJ l1U\C tX.,;c,;IIl,,'llt (ll.r....il11.ll ',ill.... ,...Ib... ,did 1i;II.d:,,'IIIC 'l'II'C.~I.JI"d::' :\llll"..i :lIh.'q..Llfd)
during the Ungame
Olllcnllllon; Motla~r .nd Childrrn. 1n Iltnrr~1. the In\tractilln~ invulvcd ~,,()d humor amI
1'''lt~'':C: .:' IJ Wl,,'re kinJ Uf)J r\'~ ~",,'... tfdl, a' I~! ~1L':.'J;t".1 ~ , 011 I..\f ..It !' 'fit', HI iJllt.lh lit y '\t"1 t' "'1)1 in
eYh;icrl~C:, "hele were no beha"i~n \lr cuUlnll'nl~ by IlIlJlhcf r-.;\~II Icttt:lIIllh"g IlItHllidalhHl,
u il,,'I"OIIS, <,'I 1'''1 d, 'WlIS There werc no hrhavion 51111ReSlin(\ manipulation ofthe thoullhh Mnd
Io"eh"l!.' \,flh.' )',,",,!.','r .."ildr,'" [,.,. II".' ,d,', ,hid!'.'" I nh,crvcd mother and children playin!! Ih.'
l:nBamr, a conwr",tlonal board ~JOl" 11I.'11"1 \l1 .'nl'''l'l' Ih.> rlllllily in non.:uIIlI".tiliVl' interacli""
A t)'pical 1'\3'111'1.' "r inr.,:" I" "...t .'..i., ", li111"d in the fi,lJIlwmg exchangc Mother, "Arc you
goirl!r to t~ll c the dog flil' a waIL J ad'"i.''''''' L:ui5S,'l '"I ",ill If I hitv.." ttmt' " \v..' ha",e in this
e~';:""l'C ~ so:nbC IIf b...th fl.:cd..", J!,d ,..,pon,il,llil y t,lI tho: .hild Allol},.:r int.:rM~ti..n exampl.:
follow~ Mother, "I did do a favor ror ,...,mCOntl ...day - .he di~tIO:'" Wo: hilv,: illthi< eommem ~
5e'n<o: or nuihilily h} m,'lher and u,ual ".'>t"'lIsihil,ry fm II,.: dllll\
There f..!ld"" "",,,npl..s "rother responses "'Illlc~~inl\ fllirly n(lrlllul .nl",.,'.II' ,II ulldd ,h.'
~\'l\!UtHl)I\ lJIi"':fo"cnpC The family g('f1t"rilll) r1\'nidl,,'d ill c"'-'(lth C:'I(..:h..tJlg\.'~, fiH c,.ll....fIIPh:. \,h",'n
Rc.:I,a'(;..'a wa~ i.l:iKcd to ~ai son""[hin~ Ill......... to "il,'h lTl"!llh'l pflb!;' fa/ui!;', :,iJL' l;:llflllllCutc:d 0111-, \.'11
artid..< Ord"lhin~ or h~ir '1ppearan~... Tile dllld,.:n IIH1Y b.: searching 10 identir)' Iheir I"'elill~s in
th....,~ \hfth.:u1l tllll\.''S it... ,,'\'itlc'ncnl in 1 ar~"'~ ..t.tlt'r1I\.'fl' '11'm not mad:'io J guc!'~ that IlIcan!\ I'm
""i-I'Y. However. Je~.e "a~ ahle III <)<'III""5I1U'., h"" he lonk. when angry, 5011 ofa poker faced
"1l1" l.ari~~a and Jessc didn'l !>Ce them,elvcs AS cheering unyhody up recenl')' Although Ihe
,~:i' jrc.:n ~I.lC part ura rchgi,l\.IS f;ulIi!y. 1111,',\ ...1111 h,l\t.'...' "If \',dll\'S ";n1t1., tel rn:H1v fll:t'I" 1;,11
example, I,arya wanl5 mon...y ror her birthday, J.:.",,'s Iilvorile wom is his o",n ~"ausc or lite
videll F.II!, ". "'HI Rt:h...c. it ....."lIl,' hl:t~ t... " >11"',.1<:\'::11"').)- Tkf"b.., tr,'r' ~ dnct hu) .1 \'ip,'r
aUlom""bilc.:, aud with only onl' ,^,i~h she v..ollld W&lllt Iii blo ridl E\I,,'n ~u. lht~y don't idm1lify with
lhe C(lUnler.cu"ure~ for example, Larissa ~aid thut Illc,al nnf,s ..ally lum h,',. nIT They also hllvc
. "I"" ',ill, :':', Rche.,'a looks forwllrd 10 cnn1Iinl), La!)" "n;"y' working, l.ari"a I'rai~ed policemen
be.:aus. lh,,)' ~elthe bad !l\')'s, and .he like, rending, walking the dog, and sports, and Jes,,",
"~pre.s..c1lhunk. for 8 homc, It family ".,r, ."d hi, mon, Je"c n.l"'ed the he" kinrl of father "s
'.,111l; ~ II..., I,hulI't hii""t~ a bod le1npcI ftnd " II \\1'1' 1 '" ... ,~\, ~.., d.,\, tau 1,~';':1 : ,,:: ; t h..: best Idnd
or lIIolher a~ onC' who ~Upr(lrt~ llflr chilctrc:n, c,;I("dll"\ anu l,' '. ~~ 1Id )!J en-.' tll rt.t aI, 'Le' \\ itll
Thr<IlJ~h(,IJt rhe ).:ame n101hcT attl"mrIC'd 1'.1 ,dl I '" ,,1 \';r1lH' '.:- III 11 d.; il.... l>ll.....;dr.j,1 ~,,,: ",oulJ try
10 :,".1, i " JII\ r.t" ;Hld tlt'~p III": k:,~ II It..; Il.:l\.' .!~I.j ,I,... \\. 'I:;d ',11 " "" J",,, I: I' 1 II" 111\'\ \\Ilh others
'! ',,"l' i', :t! .1 ;1 ' 'r ,,' orhm.fl.~n in Ihl: ,l' ditlic.;ult hl1ll.'S, U"i :-.hl" ~lmlpaJ'l'd ht~r f'lwn rott~ntinl
t'.ll~l.ildl'" I" lrl,\ll.r"tlll.: ,",ulli:tHI!'.\uf Jilb
OIt"'''''I;O'': l\!olh.." M"th,,' w,.. exp....:ttdly somewhat nervous and tall-.alive al first She
f,';'('!1('! t ' ,,\' "l1rTlI.," that 1 would be most intcr..-",rt:>d 10 hl.'r opinion... ahnut hl"r hLJ'I~hanrt and hi~ f;lldH
(I 1111..1' '. \' ~ Llllul~ ~L1p~IOft allJ parl.'nt)J1~ llnlil I rc,'dlfn:trd th~ cnll.,.(:r~'lli,'n, 'ri1icalt ,"m.11 ~ ~
At-Oil! tilrh~r flowrd ralh~r fredy, and it would t-" ...a,y In assume Ih"l s...:h commenl. ",'~..r when
;,,1;'lif.;.':,'. llke mY5elfi~ not prc:-.cnl and Ih.1t Ih..: dllld",'" II l''''1' Il' lit I) IU;.1I 1tl'-"lIl, Tile: IIItc.:II'II)' uf
mOlhrr's ft.'elillg' is rrvealed in her Cllmment,', 'He', so unpredictable I piclUre Ihe children
ufl;\ld <I'll' hllddlrJ in iI (~orn~r Unril flI\' hu...h.llld dldlW'.... J Il',lll)' \IUfl't V..lllt him to h..ve an,""
nlOle lilllC with Ihe ~llIldrt:n, exn'"pl ~h,,1I1 ~LlpC;:I"I'...:d ,.
f,"-P C",,:p,Td"\.11 ~tr,lilllr :"t
.
,..
, ',1'1.
O~lt \'"I1,rl'r~ ,(,tIt: l'h;ldrC'f\'s rl'lll;tI~~ ""HLlt flltht'r 11"1 "luliUt" WI~I"'l,.J\~lh""i.ud In urgumcnt~
r,~ 1-, I I-I U;'. ~'.\fl'lll!\ ," li tll' ':. , ,'lllI' I,' "'~H II it , ''II, i, ',J. 'II UI1 th....1I own Un'-' \\und\:rs QI~\1 ifll,,"
dllMrr:1l nrc n\"lh:lin~ lI1oth,'r\ fl.'.tr rcaC1Hm to hutu.:r'~ dn~!Cr ilnd ifrht'rt"" ,trl~' l";'~:L'l'la<<iI'1I fltH
ht,.-.1l1..., tll lil....' t..1II1(,'I, '~II \;',UIl'J'II'''.1I1 lllat It.h;ti,'ll "he:.. ',\\".,ktll~t.'" ,~.~nd li\\" .~,....lln,lli\,,:
fR.;tnr~ tlw IInif)' uf the.' rt,:~t ",'If Ill\.' tinnity miuh.' "I) of I' 111Il~1,.' l,f il.~'l.' and pl'r ~OUllhtll~!t. Ill,,' I a... k
.\1 1111\ 1.'1',1- '\I" UlillIl, ,uhltll.'f1 It I 1tIC.' \ .,..!tll't' III, tho.- ...,Idl.l, th.... d'" )Ull~ posit I \ co H'liltHHI!\hip!'\ i.lTlIl.mlol
rnollwr "nil ,,'haldr,,-,., th.." 'f.'1:fnil1!,.1~ forthri!~ht flt,"ilv m,,"Hb,,'l' th"'t.:rirtion~ 0rnllht"I':!. unplt"dklahle
1l1l1l,'lf:" \""rl\,:.I\l.'r'l""', ,)rld "~'u~",c.'I\",..,, nrdllllp h,;! II" '.1,.1,,,' "'ll..:d, itlnJ \lr', St.\~,t:lt...
observations of lh~ family
Chilttr"J1'S rh,.,""'n;.:,... I n:-kl..d ,:.,:11 .', \iri\\\ ,1 t'l. till" qftL,.i, 111':ll,,;f. ill,i.IIJ~(' tlfttWlll'o" 1\ 1..':-
dUII'M ~ln\C:I}un~ with tll"ll' ll\ulhtlr, .and it h\'u!<o"...t1 "lr;~ 1'lt"''iWl (lIdUI C cu~h Chlld ".Il..)1o\ Ill\"
,,~~i)!nlllc.:1I1 \'f,.'IY licrioud~ and ~r"nt n h.llrhllLlr In an h\)ur c()mpl"tjll~ tilt" 4.inl\\olTll'" r;"....h (hild's
dn.\.wlnQ ut' JUI..Jlh.:r w:u. a ~mdm~ b..l,'Il~lt"d lie'tll\.' "lth J.....d,IpI1IClll,,1 qllalit~ t1loAII'o ilppropJinh.' h)
aHe and inlelligen&:t For Ih... actiun druwlll~~'. J...'~t: amllllothcl' art?' ma"ing u ~11~\Wlllolll, Rl'b\,........a
ill" nl,,'ll., I .~r.... l"d~C:I l!o~.lliuH, 1 "r\a ..II.t 111'11111.:' ." 1..' la~.;Il):l..1 \.\I!ll.... und I nrirsR and nH,)lhel' art
I'laYIlll-\ s., ,obbl" 'I h" pil"""" "'C .11,1",,, n "'" I' fully \,llh clIn,lderable detail, and each child
uled a ,anBe of colors
1 h~ hmhl'.lu~l' p"'rS(ln urawlngl> ~I\l: it nH.ln' mi,t."llmpr~ssi..)ll L'll bSi\\ h. 'me l~ l,;ulurfilJ '" ith a
,..'1['[ pT', III Ir,.,' r 1...1 tJ..I\,... ,.'r~, :1111,.1 the I r..:I..' ~ rt:..'1l "",illl IC:ilvc:", 11;,..( i... "'~II~idl' 1,1;1: II Ie, 1,.),llburl III lh~'
44:""11 w"'", an,llhe """ IS in 11.111 bloom, IJllllhc house tends '0 he one dimensional "ilh bland
...01, 'I, r .'...., \,' ..IT I.'"'' .. f;,:Il'h'lllll,' \,,'j h :1 .lo.'ll I iiI ~'ulorl.d ,'l,oll.iJl~: t I~ I!,~~, 1,.b'CL arlJ Ihl' hous~ i~ ;0
blowns and bl,,~k.a but with wamllh in lh~ 1urm of ~1I10"~ (:umul~ (,)ut of lh\: dUl1mey. anJ Laryut~
.. .,.
rl~h:J c l'()C"I~t!'> (,f.1 n;H" f!l"'. 'l'r\ pI 1m hr, 1\'.1\ .!lI' i 1\1.11..'''' h.1I1....1. Jlld a"....'... 'TI Jl.', .\1'1 .t>i il ~t ..:...
1.....~.1(t.. \"Jt~. .l,,' l.arya it.tlJ h"....r.,. ',n:lIl ill ft'lll~lt- lid. L,d ,,11...\1111 \.;'.",,,,':l \1111.,: hul111' "'~In"."hdt
m"~I' :lr '11, '~~ I!'d:' r ilfI~"a nnd R.Cht"CCil ('C1un')elmt!. nec,:ds should not b~ o\.t-l'Iv\)k-:J
illl'Ul'~,iull!.: (l) t\111Ih,,'r ha~ a fh..'h 1J\\arl.nl.~.:'> III Ill'l duIJrl.'..... il"l". .~IIJ 11.1~ dC'\\.'k'll\,.\,f a 01".111.111)
respectful relationship "'lth thenl. and th\.' chiIJrl,'u HI I'clurn i:H;~cpt aprH0prl-ltc reipl)il:-'Il~jldl"'" :11'.1
l.....1I 1,"11", \ ")llJl,l...'i.tIt..'t,;'llf\...tl;,lctltrctlolt'o,llkIT ,.!' 1(."'" l\'II,.;l.lh,:l~'flllht.'r\"'t'h~l\'illr
Ttl'rtllIlUII'lIlt;,li",l\ (;i\'f'n the> 11mily r.i1\'~IIlI1~I;tlh'('''. Ilh' l~hildrclI lUt' dnine, "'f.'1I mth~1r mother'"
,'Ii, r,ot ,I' .t, l'd~ Il....c.:d... f"T fl:.' jl.tf,'y ."ht',illJ,., )'", , I'" ...1" : '1\, t I'l ",,-dIl1lkclt 11.1'.11.1>-'.
(1'_ ,,' : ,I, I I 1;;1',; I .' 11'...i'-.\,' .1 \"UHI~I.\l.tll \ l 'e" ...t 11\ I '...llt.\,llj'_'l1 111)1 "alt I (II..1!...C an un'-tuahhl.d
\1. l"I"I"I\'r1.l.III.lfl r\,....,.II..ltt.!. 1111. l..'h,IJrl.n'"inh' ,...il" hill) ..\ ~1'nllil1': !'of;)tl.'fIIt'nt frommnthcI ",,'the
,-,lulJrch lIaht !the ",i~IIl.:50 t!i":lll bl t.ilk \\,[11 1I.t.1I i.lr,..r ,!lll,l'l' "'1'1t,lId '1' Ilhl\, be h..lplljl l)lh:"
ht'lI,'r l'omrllllni(';llil'n i!oo t..;"tnhh.'ihl->cJ 'tilth! \In,,,Ulh'I\,\ ,."f 1'1\ I ',i"ll;di, l:.. .....lIh f.tlt'u:r I1I,t~ ht.,.'
P""""lldt.'
'"
\",
',j'
"
'.~l
"
~.,. Ow, :1' ,.A'e~:A:,
llllo:tlt' ) I .""It'dwr ~1 A
P~)l'h..,lot~I't
ilqli..I....ft:d ('lI'lu..fy ~\'uhlltl!J"
'.',
" ~':"
.':'
l ! \1' ~ I I '\ I ,I . ,\: '. I I j t,
.
Ill. ~ +J
,q;,.,; ~ ;::; CO)
~z CJ CJ ~
~ 0...; ~
HZ ~ 0 'tl
p.~ ~..... ~ ~ ~~ ~ i
p. ~~ ~+J ~ 0
Z jE-< E::'.... He. ~~:l ~ ~
0 . E-< UJ Ul~
H: H+J H CJ C(~
,>-1 ~3; ~o:;
H o...;~ ~ I ~ ~
OZ Z:> o Vi ~
UP OH E-' . E-<
0 HU Ul UJ III ~ ~
"-<u E-< > ~~~ !~
0 u\!) . ~ :l o...l t
Q -<00 E-<
~:i! >-1.... -< O"l
E-< C(
::>>-1 HN 0:; ,.,; ~ ~
00:; :>' w Ul
U"-1 H\!) al H
al u"; 0 >-1
"-1:1: 0 0:;
:Ii:::> Z
'". U
Z"-< -
HO
HAROLD S. IRWIN, III, ESQUIRE
AnORNEY ID NO, 21120
35 EAST HIGH STREET
CARU8LE PA 17013
(71n 24U01O
AnORNEY FOR pmnONER
ROBERT T. STRAITIFF,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VI.
: CIVIL ACTION. LAW
LISA ANN STRAlTIFF,
Respondent
: NO. 96.2186 CIVIL TERM
: CUSTODY
I. ~TATe"ENl Q.E FACTS.ISSUE~ AND PETlTI9NER'~ POSITION>
The parties were married on November 29, 1980, and are the parents of six children, four
of whom are the subject of this aCI.ion, Larissa (age 18), Larya (age 18), Rebecca (age 14) and
Jesse (age 13). Since the time of the parties' separation in November, 1995, the children have
been residing with respondent. Between the time of separation and April, 1996, petitioner was
permitted limited colllact with the children, In April, 1996, respondent filed a petition for
protection from abuse, stating therein various allegations of abuse on the part of petitioner,
Petitioner steadfastly maintained a rigorous denial of any abuse on his part, but, on April II,
1996, in order to resolve the matter amicably, did enter into a voluntary consent order,
Thereafter, the respondent relused to permit any contact whatever between petitioner and the
children.
,_J>
(
On April 17, 1996, petitioner tiled the instant petition, requesting that the parties be
granted joint legal custody and that respondent have primary physical custody, but that petitioner
be granted specified periods of temporary or partial physical custody and visitation with the
children subject to this petition, Pursuant to that petition, a conr.i1iation conterence was held on
July 19, 1996, at which timc petitioner agreed, in his continued hope of arrivins at an amicable
resolution of this matter, thut he would pay tor and partir.ipate in family counseling. Respondent
continued, however, to rcfusc any contact between petitioner and the children,
Following the conciliution conterence, respondent proposed that the parties utilize Mark
A. Deckard tor family counscling, Family counsel ins was scheduled and carried out by Mr,
Deckard on Ausust 22,1996 and August 29, 1996, In Mr, Deckard's report, a copy of which is
attached to this memorandum as Exhibit "A", he recommended that a limited torm of supervised
visitation be pursued initially, avoiding overnight stays, with all parties continuins the counsel ins
sessions throushout the period of these visilS. On September 20, 1996, petitioner, throush his
counsel, agreed to thcse recommendations, proposed a schedule and three possible supervisors,
and indicated his willingness to continue with the counseling sessions, Nevertheless, respondent,
in spite of Mr. Deckard's recommendations, continued to refuse any contact between petitioner
and the children,
On October 14, 1996, petitioner tiled a petition for special relief, requesting that the Court
implement a schedule of supervised visitation pending the hearing scheduled for December 18,
1996, After a conference with the Court between counsel for both parties and respondent, durinS
which the Court indicated its preterence that the parties allempt to resolve this interim maller, the
parties did enter into an agreement tor such visitation on October 15, 1996, Respondent named
the times, location and supervisor for these visits and, again in the spirit of attempting to reach an
amicable resolution, petitioncr agreed to those matters as proposed by respondent.
Supervised visits, in accordance with the agreement of the parties and Order of Court
dated October 15, 1996, have taken place since that time, However, the visits have been
" ,
"
lrustratinll and dillicult for petitioner and the children, The public nature of the location lor the
visits, the fact that the supervisor is a personallriend of respondent and otherwise totally
unknown to petitioner, the leeling that respondent may be observing the visitations 3nd other
factors have made the visits quite uncomfortable and virtually unworkable,
It is petitioner's desire, in the absence of the parties being able to resolve this amicably,
that the Court fashion a custody arrangement where the parties will have joint legal custody,
giving both panies equal opponunity lor input into important matters affecting their children, such
as education, religious instrucllon, medical care and other legal custody issues, The petitioner
does not desire to change the primary custody of the children enjoyed by the respondent.
However, petitioner does wish to have a program of visitation and temporary custody which has
as its goal an eVllntual, "normal", partial or temporary custody arrangement with the children and
petitioner, Such a program could begin with additional visits of the children with petitioner
supervised by the children's paternal grandparents at their home, followed by a period of
unsupervised, non-overnight days of temporary custody with petitioner, tbllowed by
Saturday/Sunday stays with petitioner which include overnight, followed by full weekend stays.
Petitioner also desires that a schedule be developed for holidays and vacatton time.
Throughout these proceedings, petitioner is aware that the children have expressed a
certain lack of interest in spending time with him, However, he feels that this is primarily the
result of the long period of separation from them and conditioning they have received from
respondcllt. The pctitioner bclieves that it is imponant for him to have contact and input with the
children and be permitted to have a relationship with them, It is for both of these reasons that
although he has very strong desire to spend as much time as possible with the children, he is
willing to phase in his contact with the children. In addition, he remains willing to participate in
any family counseling recommended or required by the Court to assist the family in working outÿthese difficult issues,
II. IDENTITY OF WITNESSES TO ~ CALLED AND SUMMARY Qf TESTlMQNY:
There is one issue regarding witnesses that petitioner desires to have the Court address
prior to the start of the hearing, As mentioned above, the parties had agreed to submit themselves
and the children for t110Iily counseling with Mark Deckard, whose report is atlached, On
November 22, 1996, counsel tor respondent indicated that respondent desired to have a custody
evaluation performed, but insisted that it be done by Eugene Stecher, rather than Mark Deckard,
On November 29, 1996, counsel for petitioner advised Counsel for respondent that petitioner
would agree to the evaluation by Eugene Stecher and to contribute toward its costs, but only ifit
could be accomplished without a delay in the hearing and only if petitioner and the children were
evaluated on the same basis as respondent and the children,
Eugene Stecher eventually informed the parties' counsel that he could not perform a
complete evaluation in time for this hearing, Due to the delays already experienced and the
unwillingness of respondent to permit any meaningful contact between petitioner and the children
prior to a hearing and order of Court, petitioner was unwilling to agree to a continuance of this
hearing in order for the evaluation to be completed, Accordingly, although Eugene Stecher did
meet with respondent and the children at their residence, he has not met at all with petitioner, nor
has he completed a thorough custody evaluation, Furthermore, petitioner's counsel has not been
given any report from Eugene Stecher about any observations he has made. It is petitioner's
belief and position that the Court should address the issue of having Eugene Stecher testilY at all
in this case, if called upon by the respondent, due to the incomplete nature of his involvement with
these parties and the children up to the present time. If the Court feels that input from Eusene
Stecher is necessary to the Court's disposition of this malter, petitioner remains willing to
participate in a full and thorough custody evaluation performed by Eugene Stecher, However,
petitioner submits that pending completion of the evaluation and disposition by the COUrt,
reasonable additional visitation between petitioner and the children should be urdered by the
Court. Petitioner suggest that such visitation could be adequately supervised by hi, mother It '*
home, since it is evident that the present arrangement is so unsatisfactory,
'J of
At the hearing in this matter, petitioner intends to call the following witnesses:
A, Robert T, Straitilf(Petitioner): Relationship with children prior to separation;
circumstances of separation; efibrts to reconcile with respondent; elTorts to provide financial
support since separation; visits between November, 1995 and April, 1996; circumstances
surrounding PF A consent order and etfects thereof on relationship with children; present
conditions of supervised visitation; cooperation with counseling and custody evaluation; living
arrangements that would be in effect during partial custody stays with him; future family goals;
reasons for his desire to have a relationship and contact with his children; and related matters.
B. Beverly Straitilf(Petitioner's Mother): Her observations about petitioner's
relationship with the children prior to and during the separation; her observations at present
supervised visitations; her observations about petitioner's ability to care for the children ifin his
custody; her observations about elTorts of respondent to prevent petitioner from maintaining
relationship with children; and related matters.
C. John Berry (Family Friend): Relationship between his family and parties' family;
observations about the relationships between members of StraitilT family; his observations about
petitioner's relationship with the children prior to and during the separation; his observations at
present supervised visitations; his observations about petitioner's ability to care for the children if
in his custody; his observations about efibrts of respondent to prevent petitioner from
maintaining relationship with children; and related matters,
D, Nancy Berry (Family Friend): Relationship between her family and parties' family;
observations about the relationships between members of Straitiff family; her obllCrVations about
petitioner's relationship with the children prior to and during the separation; her obllCrVltiona It
present supervised visitations; her observations about petitioner's ability to care for the cbildnn If
in his custody; her ob3ervations about etlbrts of respondent to prevent petitioner fiom
maintaining relationship with children; and related matters,
"
I, ..
"
, ,
EXHIBIT "A"
_A
.) Ui ' , .-
''';) ,,',r,' ()('
. ',' )
ROBERT T. STRAITIFF, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I CIVIL ACTION - LAW
I
LISA ANN STRAITI FF, I NO. 96 - 2186 CIVIL TERM
Defendant .
.
I CIVIL ACTION - CUSTODY
r'~
"
AND NOW, this day of
consideration of the attached Custod
ordered and directed as follows:
, 1996, upon
Report, it is
1. A hearing is scheduled in Courtroom *~ of the Cumberland
County Courthouse on the I" ." day of (, ,),1: I'.' " , 1996,
at ; ''-' -L.:...-.m.. at which time testimony will be taken in the
above'case. At this hearing, the Father, Robert '1. Straitiff
shall be the moving party and shall proceed initially with
testimony. Counsel for the parties shall file with the Court
and opposing counsel a memorandum setting forth the issues
before the Court, a summary of each party's position on these
issues, a list of witnesses that will be called to testify
along with a sununary of the anticipated testimony of each
witness, This memorandum shall ba tiled at least ten (10)
days prior to the hearing date.
2. The Mother and the four minor children, Larissa, Larya,
Rebecca and Jesse are directed to cooperate in any family
counseling sessions scheduled by the Father on the condition
that Father pay for these counseling sessions and allow the
counselor to have authorization to deal with both parties and
their respective attorneys with respect to providing
information.
BY THE COURT,
l ') I")
" ,
f "
,
\ .
r
. )
< ,
."
er, J.
r...)
"
cc: Gregory R. Reed, Esquire
Harold S. Irwin, III, Esquire
~.+,-''''' ",,,(4.Q.~l 71~/~~
../; ,f'.
.'
.....
~,,...;
i ~~.~
. r11
, )
'\"J
.',\.:;)I
'II
. '1:,)
~ j""-
'r'\~
. ,
:=.:!
~q
....
ROBBR2' 2'. S2'RAI2'I 1'1', : IN 2'HE COUR2' OF COHHON PLEAS OF
Plaintiff : CUMBERLAND COUN2'Y, PENNSYLVANIA
:
v. : CIVIL AC2'ION - LAW
:
LISA ANN S2'RAI2'IFF, : NO. 96 - 2186 CIVIL 2'EM
Defendant ,
.
, CIVIL ACTION - CUS'l'ODY
,
PRIOR JUDGE:
HONORABLE GEORGE E. HOFFER
CONCILIATION CONFERENCE SUMMARY REPOR2'
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The information pertaining to the children who are subject of
this litigation is as follows:
Laris~a Straitiff, age 18
Larya Straitiff, age 18
Rebecca Straitiff, age 14
Jesse Straitiff, age 13
2. A Conciliation Conference was held on July 19, 1996, with the
following individuals in attendance:
The Fat.her, Robert T. Straitiff, with his attorney, Harold
Irwin, Esquire, and the Mother, Lisa Ann Straitiff, with her
attorney, Gregory R. Reed.
3. The parties separated in November of 1995. In April of thi8
year, a Protection From Abuse Order was entered against the
Father by a consent agreement. Father has not had any
meaningful visitation with the children since la8t November.
He did see them periodically at the family home between
November and April, but he has not seen them since April.
4. The Mother suggests that the children did not want to visit
with the Father because of the Father's conduct toward. the.
in the past.
5. Father suggests that he wants to have liberal visitation with
the children. He suggests that the Mother i. alienating the
children from the Father,
, -t,
'1 ,-
I'd ~,
-f, 'J "
h I L_ o.J
" el) ~1
,~ I;
" J \), .j
'.J IJ I," (1'\ l-
I In (j (~ ,-,1
, II'\
I If) ,
, 0 'J
, ::r- '"FJ ;1
ff.. It .J ('/
"
C'J
Ul
00:
loloO: ~
...:Ip.. lol
p.. '~E-<
Z >- 00: "
OE-<...:I_
X Z I ~
x::> ~
00 ~
uuzu
o
~AH<l'
OZE-<O
00: U co
E-<...:I00: .....
p:p:
::> lol...:l I
8 flJ~ 1.0
St-i O'l
wuu
:r:
E-<~ 0
o Z
Z
H
..
'OJ
~l::
~o
H,....
......,
H.,,,,,.,
,o:+>
P:OJ
...p..
Ul
Z
z
..:
..:
Ul
H
H
.
>
,
g; ~
H rei
... '0
H l::
..: OJ
P: ....
... OJ
UlA
el
III
o
.",
...,
,'"
...,
41
110
"
111~~
i ~ ~
....
~ ~ ~
~; ~
tJ
fI'... . I
~ '. -
"' ...........,
'.; ~ ...
~
:::::
......
~~
illl ~;'l
e;:"
!:Iii
~I::l
:l ",q:
o~
'l::
"l::
:t:
.
...
Eo-
P:
W
Pl
o
P:
HAROl,D S, IRWIN, III, ESQUIRl:
ATTORNEY ID NO, 19910
J6 SOUTH PIT r STRUT
CARLISLE PA 17013
(717) 1..J-6090
ATTORNEY FOR Pl:TITIONER
ROBERT.... STRAITWF,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 96 - ;;!\\'t.> CIVIL TERM
: CUSTODY
VS.
USA ANN STRAITIFF,
Respondent
NOW, this ~)V)<( _ day of/Vi(, / , 1996, on consideration of the attached petition, it
is hereby directed that the parties and their respective counsel appear before Hubert X, Gilroy,
Esquire, the conciliator, on the 4th Floor, Cumberland County Courthouse. on the -i..::/!:day of
'-:'r~\f\(' , 1996, at ,0 leI/. M, for a Pre-Hearing Custody Conference, At such
conference, an effort will be made to resolve the issues in dispute; or if this cannot be
accomplished, to det1ne and narrow the issues to be heard by the Court and to enter into a
tcmporary order. Failure to appear at this conference may provide grounds for entry of a
temporary or permanent order,
By the Court,
",'
,
~l
"../'"
,/ 1/
BY:l "~l.
ustody Concihat
\i
,
, ;&1,
YOU SHOULD TAKE THIS PAPER TO YOUR LA WnR AT ONCE. nr YOU
DO NOT lIA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
IIELP.
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
.
, -5 .3 ~~
5J'Y~
.5 :3,9'-
".
",'
,
I.I~!,
(Iv!, (~ 1'1r'dtV ~ ~c.~ ~M.~:'"
J:'k" IM'h./!/ ~ ~
{~4f ;~;,-.t:./'-. 'I/. J&/~~
, '
,-t
"
'I
;\' '
',\
I
1;',1' '1'1'
,',
I
"
'j' 'I':"
,\
"
II
,"
01'1
,""1 , "
, " , ,
)'11, , " I
, ,
i,
,I I',
, 1
"
,".
,"
'1'1
,
,
"
"1., "
"
"
,1'1,
:l
'"
"
I' 'I
1,/11
i
, ,
I""
"
" -(,,',
't:.I:\ '\1'
.'.( ,I,
-1'1"
'I '" \
,-,,',It.
I
"
" ,
j,' 'I'
" ,,,
"
/-"lr,\
, ,,'
',,,
,
,'1
,-,'
,,,'
"
ROBERT T. STRAITIFF,
Petitioner
VS,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - -::J.i\(,; CIVIL TERM
CUSTODY
LISA ANN STRAITlFF,
Respondent
NOW comes the petitioner, Robert T. Straitin: by his allorney, Harold S. Irwin, III, and
pr"sents the following petition for custody, representing as follows:
I. The petitioner is Robert T. Strllitin: an adult individual residing at 170 I Maple
Street, New Cumberland, Cumberland County, Pennsylvania 17070,
2, The respondent, Lisa Ann StraitilT, is an adult individual with an address of7 Kutz
Road, Carlisle, Cumberland County, Pennsylvania 17013,
3, The parties were married on November 29, 1980.
4, The pal1ies are the parents of two adult and four minor children, namely, Michelle
(age 20), Malina (age 19), Larissa (age 17) Larya (age 17), Rebecca (age 14) and Jesse (age 13).
5. The children resided with the petitioners until their recent separation, Since that
time, the respondent has had primary physical custody of the children and since at least the
beginning of April, 1996, has relu"ed all contact between petitioner and the children,
,
,
I
I,
I
"
,
6, Petitioner is subject to a protection Irom abusc ordcr , having entered into a
consent agreement with respondent on or about April II, 1996, wherein he specilically denied any
allegations of abuse, threats of abusc or harassment of respondent or the children.
7, Petitioner believes and Iheretor avers that the best interests and permanent welfare
ofthe children requires that the parties have joint legal custody of the children, that respondent
have primary physical custody and that petitioner have specilied periods of temporary custody
wilh the children in accordance with a schedule which may be agreed upon at II conciliatton to be
held in this matter,
WIIEREFORE, petitioner respectfully requests that the court enter an order providing
fo! the legal and physical custody of the children as aforesaid,
AprU.L1.,1996
iL
HAROLD S. IRWIN,
Attorney ror petition
36 South Pitt Street
Carlisle, Pennsylvania 11013
(717) 243-6090
Supreme Court 1.0. No. 29920
1:",
,.,1
,
I', '
"',i'.1' "
,
11; 'i: I,',
','1',' ./"d
, ,'I
~
I do hereby verilY that the acts setlbrth in this petition are true and ..orrect. I understand
that false statements herein are made subjeclto the penalties of 18 Pa,C,S, Section 4904, relating
to unsworn tillsitlcation to authorities,
AprU11..1996
, ,
iI' )1
','
I 'Ii'
"
':
ROBERT T. STRAITIFF,
Plaintiff
V.
LISA ANN STRAITIFF,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
,
: CIVIL ACTION - LAW
: 96.2186 CIVIL TERM
~
AND NOW, September 30, 1996, hearing In the above-captioned custody
matter shall be continued from October 14, 1996, to WEDNESDA V, DECEMBER
18, 1996, .. 9:30 ..m. The remainder of the Court Order of July 25,1996, shall
remain In effect as written,
HAROLD S. IRWIN III, ESQUIRE
36 SOUTH PITT STREET
CARLISLE, PA 17013
GREGORY R. REED, ESQUIRE
2423 NORTH THIRD STREET
HARRISBURG, PA 17110
By the Court,
J.
L "If........ ".",.:.J..t. <'f /30 'ft..
..;/> ."P,
" r',.
, .
'Ill' j',"
, ' ,
(, : ~
\'J' '
(,I , , I
I.) I " :'
. ' ,'j
" c.., .
I r, :
, '0.1
ii ...
... J
'p
~ I 0
~ .~ ~
p. 2l ~
. .IP_
I . .
~~I > I
~
~ ~~ ~ IiiI'
~I~~~ ~ ! .'E
! ~
~ ~~
~ ~
~
" .
,. .
.? ,
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PBNNSYLVANIA
ROBERT T. STRAITIFF,
Plaintiff
civil Action - Law
v.
No. 96 - 2186
LISA ANN STRAITIFF,
Defendant
CUSTODY
R!.l.ttE
AND NOW, this .J.!1 day of ~ ,1996 on motion
of Gregory R, Reed, Esquire, ~Il & ~.OA-
~
Defendant'., L:i-ea Aftft .&t~*-f:h-t:o--SRO~'
of Gregory R, Reed, Esquire s~t
C&YS8 ~RY the appearance
be withdrawn.
Rule returnable on the _ day of _
" '" ~.iU....At.
o'clock.
. N. in-the--GOUl'tl'OOI!lof t;he--elb.cL....ltmd-
COtmty' Courtllou_,t.'el'liele.,- Penneylvonie-,
AH- p.. oceedifl96' to, ficty-"JRUR'A"Ri] 9
By the Court / /) ./
~.' .
\U;('
,'.,
'I,
,':
Ib /q 1) j\J(1/1 (l
f I ) · , ""f~l . (
, ,
"
ft, II I ~ I ^
.:J ~ f L" 'L {^. ( ((r f ~ ( S
,
,
i
f
,
I
'I
'..
, "
If I,
"
I..
, ,
\:,'
t.
,:
'/\)
\'.'.11
!.!
rt.'l'
~
..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
ROBERT T. STRAITIFF, Civil Action - Law
Plaintiff
v.
No. 96 - 2186
LISA ANN STRAITIFF,
Defendant
CUSTODY
PETITION TO WITHDRAW
1. The Petitioner is Gregory R. Reed, Esquire, with an
address of 2423 North Third Street, Harrisburg, Pennsylvania
17110.
2, The Respondent is Lisa Ann straitiff, with an address of
7 Kutz Road, Carlisle, Penn Township, Cumberland County,
Pennsylvania.
3. The Respondent retained Petitioner to defend her in the
above referred to Custody/Visitation action.
4. Petitioners representation of Respondent began on or
about April 4, 1996 when he filed a Petition For Protection From
Abuse for Respondent to No. 96-1804 in Cumberland County.
5. All of Petitioner's efforts have been on a strictly pro
bono basis because of the obvious need and the lack of funds.
6. Unfortunately, Petitioner and Respondent are not in
harmony in the way her defense in the instant case should be
pursued.
7, Petitioner is not willing to continue his representation
of Defendant in light of Defendant's unrealistic expectation. and
-.'
~
desired result in this case.
WHBRBFORE, Petitioner prays your Honorable Court to allow
him to withdraw as counsel for Defendant in the above referred to
matter.
"~t.:u,,,
2423 North Third street
Harrisburg, PA 17110
(717) 238-0434
.
i;
"
,
,
'I' ..
"
"
,r,
'i"
I."
,'j
'I'"
i, '
:,11:
, I;'
.
CERTIFICATE OF SERVICE
AND NOW, this d-day of October, 1996, I, Gregory R. Reed,
Bsquire, Attorney for Plaintiff, do hereby certify that I have
served by first class mail, a copy of the attached Petition to
Withdraw, this day to the following address:
Lisa A. St>:aitiff
7 Kutz Road
Carlisle, PA 17013
Harold S, Irwin, III, Esquire
36 East High Street
Suites 201 and 202
Carlilae, PA 17013
'i
f
,
I
"
G'~
2423 North Third street
Harrisburg, Pennsylvania 17110
(71 7) 238-0434
Attorney I.D. 23705
, 1
1'1
I',,,,
; .
.'i
J
I
! ~,
'T
:~
,,:'M
,
,
,"
~J
~"
~ 1$
~
~ ~~
~ ,,{j
-...' ~
<;).....
'.....
," -jft
j}
.
III ""
.. .
III . II:
..:I III .. lIlo :::: .,
llo Ilo III lIlo ~
... .. " ...... Ii
. . .. .. ~~
c .. ..:1..:1 ..
= = ,.. lIlo ..
.~ c .. r:~ ~~
c 1:1 0.. .. ~~
u 0 ..u . III
U .. 0 ~~ ~I ~~
lIlo UIll ... .
0 Q "ID .. .. ~Cl~ ...'
. ... ... !i 0: ~
.. .. ..:IN .. .. :5 ,..It::
.. ..I ..., III ..
1:1 .. ~Ill Ilo III O>c
c IlIl ..Cl\ III '(
U .. U C "l"
III . .. ::t:
IlIl II: 0
III 1:1 .
.. U
. 110
.. 0
~
~,. ".
. ,;
..
.. "-'. ~- 1 j , :3
..A.... _......_...~ " ....,...
" ' ~-~---.....~".-..
.. ,--- --~ ..- . " .;)'
.. ...... ....'(
, . _.. "I . ...... ' ...,
~
, .
,/I
.'
..
ROBERT T. STRAITIFF,
Pelltioner
: IN 'filE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v,
: NO. 96 - 2186 CIVIL TERM
LISA ANN STRAITWF,
Respondent
: IN CUSTODY
PETITION FOR SPECIAL RELIEF
NOW comes the petitioner, Robert T. Straitill: by his attorney, Harold S, Irwin, III,
Esquire. and files the this petition lor special reliel: representing and follows:
I. The petitioner is Robert T, Straititl; an adult individual residing at 170 I Maple
Street, New Cumberland, Cumberland County, Pennsylvania 17007, He is thtl plaintift'in an
action for custody filed &tthis term and number.
2, The respondent is Li~:\ Ann Straititl: an adult individual residing at 7 Kutz Road,
Carlisle, Cumberland County, PennsylV1l11ia 17013, She is the defendant in an action for custody
filed at this term and number. Defendant's attorney of record is Gregory R. Reed, Esquire, 2423
Nonh Third street, Harrisburg, Dauphin County, Pennsylvania 17110,
3, The parties were married on November 29, 1980 and are the parents of six
children, namely Michelle (age 20), Malina (age 19), Larissa (age 18) Larya (age 18), Rebecca
(age 14) and Jesse (age 13)
5, The children resided with the petitioners until the parties' separation sometime in
November, 1995, Since that time, the respondent has had primary physical custody ofthe
"
,""
'"
.
.i
,
I
children and since at least the beginning of April, 1996, has refused all contact between petitioner
and the children.
6, Petitioner is subject to a protection Irom abuse order, which order, however, was
entered pursuant to a consent agreement with respondent on or about April II, 1996, wherein
petitioner specifically denied any allegations of abuse, threats of abuse or harassment of
respondent or the children,
7, Petitioner believes and theretor avers that the best interests and permanent welfare
of the children requires that the parties have joint legal custody of the children, that respondent
have primary physical custody and that petitioner have specified periods of temporary custody
and visitation with the children,
8. On or about April 19, 1996, petitioner filed a petition for custody, requesting the
court to enter an order providing for the custody of the children in a format such as is suggested
in paragraph seven above,
9. Pursuant to that petition, a conciliation conference with the parties was not held
until July 19, 1996, at which time petitioner agreed that he would pay for and participate in
family counseling, but respondent continued to refuse to permit any contact whatever between
petitioner and the children.
10, It was pointed out at the conlerence that although the children, Larissa and Larya
are now eighteen years of age, they are still attending high school and are proper subjects of this
custody proceeding along with their younger siblings,
~'
'~..... t
,II.
, ,
..j
,,'
I J. On July 25, 1996, this Court entered an order selling a hearing before Judge
George E, Hoffer for October 14, 1996, at 9:30 a,m" outlining the Pl'ocedure to be followed for
this matter and directing respondent and the four children mentioned herein to cooperate in any
family counseling sessions scheduled by petitioner, A copy of the prior Order of Court and the
Custody Conciliation Report are attached hereto as Exhibit" A",
12. Thereafter, by an exchange of letters between counsel for the parties, copies of
which are llttached as Exhibits "B" and "C", the respondent suggested and the parties agreed that
they would utilize the services of Mark Deckard, Christian Counseling Associates, Dallastown,
Pennsylvania, to carry out a program offamily counseling for the family,
13, Counseling sessions were held on August 22, 1996 and August 29, 1996, as
indicated on the report prepared by Mark A Deckard, a copy of which is attached as Exhibit "0",
No joint sessions have been held to date and to date respondent has not complied with the Order
of Court directing that she also have Larissa and Larya participate in these sessions,
14, On September 14, 1996, Mal'k A, Deckard provided a written report of the
counseling sessions which have been held, recommending therein that a limited form of visitation
be pursued, He further recommended that at this time, these visits be supervised and initially
should avoid overnight stays and be limited timewise, He also suggested that the parties and the
children meet with him during this initial period of vis itati 011 for continued counseling,
15, On September 20, 1996, petitioner, by his counsel, advised respondent, through
her counsel, that petitioner would agree to the recommendations of the counselor and suggested
three possible supervisors for the visitation, a schedule of 10:00 a,m, through 8:00 p,m, every
other Saturday and continued counseling through this initial period, A copy of counsel'aletter i,
attached as Exhibit "E",
, .
,#
.
16, Petitioner's counsel has sent two lbllow up letters to the one da',ed September 20,
1996, copies of which are attached as Exhibits "F" and "G"; however, respondent has still not
agreed to any form of contact between petitioner and the children,
17, On September 30, 1996, due to apparent schedule conl1ict~, the Court entered a
new Order of Court, rescheduling the custody hearing in this case to December 18, 1996,
18, Respondent remains unreasonably and unjustitlably opposed to all contact between
petitioner and the children, while petitioner, on the other hand has been totally cooperative to the
suggestion or counseling, has fully participated therein and is willing to tbllow the guidelines and
suggestions of the counselor proposed by respondent to assist the family in this maller,
19, Petitioner has already been denied by respondent all contact with the children since
April, 1996 - over seven months, Due to the continuation of this hearing until December 18,
1996 and the refusal of respondent to permit contact between petitioner and the children,
petitioner will be prevented trom all contact with the children for an additional two months.
20, As a result, by the lime oflhe hearing, it will have been over nine months since
respondent has seen the children and about thirteen months since he will have had the opportunity
to spend any time with the children outside the company of respondent.
21, Petitioner believes and therefor avers that the refusal of respondent to permit the
visitation between petitioner and the children as recommended by the counselor and agreed to by
petitioner is unreasonable and unjustified and contrary to the best interests and permanent welfare
of the children,
22, Petitioner believes and therefor avers that the present situation is extremely
harmful to his relationship with the children and that permitting an additional two months to
"
,
!
'I
. ~
j~
.~
'..
, ,
. ,
,
..
.
VERI FICA TION
The foregoing petition is based upon information which has been gathered by my counsel
in the preparation of this lawsuit. The language of the document is the language of my counsel
and not my own, I have read the petition and to the extent that it is based upon information
which I have given to my counsel, it is true and correct to the best of my knowledge, information
and belief. To the extent that the content of the petition is that of counsel, I have relied upon
counsel in making this verification. I understand that false statements made herein are subject to
the penalties of 18 Pa.C,S,A, Section 4094, relating to unsworn falsitication to authorities,
October 14, 1996
'),~"
ROBERT T, STRAITIFF
J
, ,
,:1
.' ..
. ,
"
ROBERT T. STRAITIFF,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
I,
~ :
V.
I'
1 '
.,
LISA ANN STRAITIFF, 96-2186 CIVIL TERM
Defendant
,
I ;'1
i t
J '
: I
I" j
['
; ~
~ .
~~
QBl2t;R OF COURT
AND NOW, September 30, 1996, hearing in the above-captioned custody
matter shall be continued from October 14, 1996, to WEDNESDAY, DECEMBER
..I .~
18,1996, It 9:30 I,m. The remainder of the Court Order of July 25, 1996, shall
'1
I 'J
'I
:~."
""~
~!
'r
~
remain In effect as written,
By the Court,
J.
/
HAROLD S. IRWIN III, ESQUIRE /
36 SOUTH PITT STREET V
CARLISLE, PA 17013
GREGORY R. REED, ESQUIRE
2423 NORTH THIRD STREET
HARRISBURG, PA 17110
'11,
, "
I' ,"
, "
"
",
, "
2.
...;,
, .
.
~ ..
~,) '(h,
I,>""
},....
ROBERT T. STRAITIFF, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . CIVIL ACTION - LAW
.
.
.
LISA ANN STRAITH'F, . NO. 96 - 2186 CIVIL TERM
.
Defendant :
. CIVIL ACTION - CUSTODY
.
COURT ORDER
AND NOW, this ~'1.k day of ~}t
consideration of the at tached Custody on il iation
ordered and directed as follows:
, 1996, upon
Report, it is
1 ,
A hearing is scheduled in Courtroom ~3 f the Cumberland
County Courthouse on the I ~:d... day of c..~,-" 1996,
at q; ~o L.m., at ",hich time testimony'" 11 be taken in the
above case. At this hearing, the Father, Robert T. Stniti!!
shall be the moving party and shall proceed initially ",ith
testimony. Counsel for the parties shall file ",ith the Court
and opposing counsel a memorandum setting forth the issues
before the Court, a sununary of each party's posi tion on thofse
issues, a list of ",itnesses that ",ill be called to testify
along ",ith a sununary of the anticipated testimony of each
witness. This memorandum shall be filed at least ten (10)
days prior to the hearing date,
The Mother and the four minor children, Larissa, Larya,
Rebecca and Jesse are directed to cooperate in any flUlJily
counse.ling sessions scheduled by the Father on the condition
that Fathe~ pay for these counseling sessions and allow the
counselor to have authorization to deal ",ith both partie. and
their respective attorneys' with respect to provid.1ng
information.
BY THE COURT,
"S/~ ~, )"'~,1~
George E. olfer, oJ.'
cc: Gregory R. Reed, Esquire
Harold S. Irwin, III, Esquire
TIlUI COrt '10M "COlD
'n r"'lmony W,,",'r: "', I "".un" lit ""...
.nd the IN' of ..Id Cowt it C.... Pt. '
Thl. ....,~~..~.... of ~ .',....,' OL,. ".'
-, ....., , ........
_..........,,)l~ n~','. ' '.' "":.'"
.~,. ..;"';J\I',~
. .. '''..' ':.. '_ ,I, J ,-I;I':~ .\ ',' .~
~. "',,",,\1,\
, '.. .. - .. .. '." :.., ..',.., ~. ,I, .: " \ iJ
' .. ' .., " ' ; i, ... .." \ <. "~\ I';, " '~l', \ ..,
'I I,," :,.-_:il )1_"
-,
-
, ,
, ,
.
.
.
ROBERT T. STRAITI FF, I IN THE COURT OF COMMON PLEAS OF
Plaintiff CUHBERLANDCOUNTY, PENNSYLVANIA
.
. ,
v. . CIVIL ACTION - LAW
.
.
,
LISA ANN STRAITIFF, NO. 96 - 2186 CIVIL TERM
Defend.Jnt .
.
. CIVIL ACTION - CUSTODY
.
PRIOR JUDGE I
HONORABLE GEORGE E. HOFFER
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE ,WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8 (b) , the undersigned Custody Conciliator submi ts the
following report I
1. The infortllation pertaining to the children who are subject of
this litigation is as followsl
Larissa Straitiff, age 18
Larya Straitiff, age 18
Rebecca Straitiff, age 14
Jesse Straitiff, age 13
2. A Conciliation Conference W4S held on July 19, 1996, ",ith the
follo",ing individuals in attendance:
The F4ther, Robert T. Straitiff, with his attorney, Harold
Irwin, Esquire, 4nd the Hother, Lisa Ann Straitiff, ",ith her
attorney, Gregory R, Roed.
3. The parties separated in November of 1995. In April of this
year, a Protection From Abuse'Order "'a. entered against the
Father by a consent agreement, Father has not had any
meaningful visitation with the children .ince la.t Nov.-ber.
He did see them periodically at the fuily hOlM bet.,..n
November and April, but he ha. not .een the. .inc. April.
4. The Mother suggests that the children did not "'ant tov1.Jt
",ith the Father bocause of the F.ther'. conduct tow.rd. th..
in the past.
S. Father suggests that he wants to have liberal vi.itation with
the children. He sugge.t. that the Hother i. alienatin, the
children from the Father, .
. .
, ,
,
.
.
.
. ,
6. The part,'es iIIere not able to reach an agreement, so a he.ring
is nctcessary. The Father is willing to p.y for family
counseling in an effort to address some of the issues set
forth abovo, but he does not iIIant to delay the scheduling of
a hearing pending that counseling.
7. The Conciliator recommends an Order in the form as attached.
IJ!-;;v!tlt?
Date
Hu~ert x. Gilroy, Esquire
Custody Concil tor
"
,
"
"i'
'I "
, ,
" ,
, ,
'.;"
"I ,"il
,"
"I
,,'
,:1'
""'-' -.",
, .
.
"
..
.
"
'n
;1'/
,,\
:!\
,'.
'\
,<,
~ ; i I, I
'1'
!.:Ii:"
I"
~,'~;, ,'" ,', :
:'
EXHIBIT "BH
,
,I',
. !
... ,
,j
!
I
. .
,
.
9,.t!'1o"2.'n.~: :JI.t!t!d
2423 N Third 51, . Horrl,bu'g. PA 17110
(7171 238-0434
lax (7' 7) 238,8469
July 29, 1996
Hal s. Irwin, III, Esquire
36 South Pitt Street
Carlisle, PA 17013
Re: Straiti!! v, Straitiff
Dear Mr. Irwin:
Mrs. Straiti!t is unwilling to voluntarily agree to visitation
prior your client receiving counseling.
We recommend as the counselor, Mark Deckard, Christian
Counseling Associates, Dallastown, penneyl vania, ( 71 7) 843-5695
(home telephone number) or (717) 246-0344 (o!fice telephone
number) .
GRR/na
pc: Lisa Strait!f!
"
",'
\ 'i' I
, ,
" )I':'.l
"'j
",'
'" '"
,.,1' ,j'
\'1",_\ '
" I"
, ,
I,.,'
"
,.j ,.,'
, ,
,:. '"
" ,
"
. I ..
, ,
I'
,
,
.
"
i-t
,
"
~ J,
I'
"
.,i!
'li'
1:/
11,-:
EXHIBIT" F"
"
..
",
'I
EXHIBIT "6"
,
"
, "
" "
';
II',
,I
,
"
J 'j'
,
",
"'-..., ......1.,1
"
"
..
, , "
, "
'"
I
"
" ,)1
'\ 'Ii , ,
" " "
"
'I'
"
II!..'
'I'
"
';1
"
.' ,...
. ."
HAItOf.D So, IMIH, ",
Jor So ZlIIANe.
~..........
LAWOl'~'OI'
HAROLD S. IRWIN, III
A rrORNIY.A T./.AW
HrrNIR HOUSI
SUIT'S 201 Md 20Z
~5IAST HIGH STRUT
CARUSI..I, PENNSYLVANIA 17013
www.cenpftlfl.comllrwlnl
rr(F))~V
717.I4UOH
-
717.:IU-'200
,..-.
I~.n.t
October 8. 1996
GREGORY R REED ESQ
2423 N 3RD ST
HARRISBURG PA 17110
RE: StnitllT
Ii
'.
Dear G"I:
I'
Due to the continuance of the 10/14 hearing by the Court - and especially since it hu
been continued untU December 18th, Bob hu asked tbatl apin write about at least a temporary
lil'eement, &Ions the lines reconunended by the counselor. We really need a response to this and
I think you would asree that the continued refusal to permit any contact. even that recommended
by the counselor - is uncalled for, particularly in Iisht of this long delay,
'I
'j,\
I
Also. Bob should have received at the house his registration for his vehicle, The
registration IUns out this month and we would appreciate it if the renewal application would be
turned over to us so that he can take care of that.
"
!'
Thank you for your cooperation in this malter,
Sincerely,
~Q)[PY
Harold S, Irwin, m
,
,l\
Hsa
I:
"
, , ..
.,
"
"
EXHIBIT "H"
.
"
"
)"1
,
,
"
,
"il
':1 '
",
'I ',I
,
,
I': ",
"~I'
"
. ,
:'"
,,'1,1
. .
',"
"I'
',I I'
" ,...,......, )
t' ,'..
, 4' I .
, '., .
HAROt.D .., IMW, ",
JOY" D/tANCI
--
LAW OI'F'"' 01'
HAROLD S. IRWIN, III
ATTORNf!Y.AT.LAW
HITNf!R HOUSf!
SUITES 201 end 202
35 EAST HIGH STREET
CARUSLf!. PENNSYLVANIA 17013
_.CMpenn,Com/II'WInI
717.24M0I0
-
717.243-.200
'~C.- .
~.ne'
October 14, 1996
ROBERT T STRAITIFF
1701 MAPLEST
NEW CUMBERLAND PA 17070
, ,
~QQQQQQQQQQQQ~OQQQO~OQQ~QQOOO~Q~
For Proressional Services rendered as rollows:
In re: Petition for Special Relief
Draft petition and revisions
Conference with client
Conference with Judge Hoffer
Phone calls to client and Attorney
Total Time
2,00 hours
.50
.50
~
J. 4 5 hours
3,45 hours@ $125,00
$431.25
Attorney Fees Due
$431.25
THANK YOU!
ACCOUNTS DUE BEYOND THIRTY DAYS ARE CHARGED INTEJUlST,
AT THE RATE OF 18% PER ANNUM,
..
",.,
,
\,
ROBERT T. STRAITIFF,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
96.2186 CIVIL TERM
V.
LISA ANN STRAITIFF,
Defendant
~
AND NOW, December 18, 1996, hearing In the above-captioned custody
matter shall be continued to Friday, February 7, 1997, at 9:30 a.m, The following
changes to the visitation arrangement shall be in effect pending further Order of
Court:
1, The supervisor of the visitation shall be Barry Knerr;
2. The time of the visitation shall be from 2:00 p,m, until 4:30 p.m. each
Sunday, unless at the request of the supervisor an adjustment in time is necessary;
3, The parties shall meet at the Bonanza Restaurant In the Chambersburg
Mall; it Is anticipated that they will eat at Bonanza and go shopping or go to see
a movie or some other activity;
4. The persons present at the visitation shall be the children, the petitioner,
Barry Knerr, petitioner's mother, and Michelle and/or Melina Straltiff, and no other
family friends unless agreed to in advance;
5. Petitioner shall pay any expenses of the supervisor during the visitation;
6. The parties will cooperate In completing the custody evaluation with
J
,
,
e \.0 ci
Q\ .....
~f~ r'il ~J
, , ,,91 :;
-
~C; '~
~~.,
. "
1:.i.'J "..
:e:(... ;':'" ',1
""~, .,,~ -
5'" - ~
.- (.~ ~- "
..
..":1 ,:!:) ~
""
"l ';:)
-<; ....
"
"
. 11..,
l;-
~.'\!
v
..!!..
'1
1
~
f
E-<
Z
~
~ ~ w ::::::
~ ~ w .,
H H i>: ..... ~
E-< E-< c.:J ;<: ~
H H .0: ~j
i:i i:i ~, ~~
E-< E-< &.l ~ ~ ~ !~
Ul fE Ul Ill;:!
:<:
. .0: . w ~J
E-< ..; H e"j~
E-< ~ Q ~ ,:<,
E-< ..; E-< t;)~ U
i>: Ul W ~ ...,Jl: ~;
w H Ul
a:l H 0",
0 W ~
~ c.:J
..; ~
H
i>:
~
.
..
"
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as
follows
I, The parties shall have joint legal custody of the children To that end, upon
Father's initiative, Father shall be permitted to receive copies of the children's medical and
educational records and certilicates of participation and achievement as well as any other
information regarding the children's well-being, health and welfare, Such records shall be secured
from the medical providers and/or educational authorities whenever possible and where available
therefrom, rather than from the Mother,
2, Mother shall have primary physical custody of the children, subject, however, to
the Father's rights of visitation with the children as follows:
A Father shall have visitation with the children no less than the weekends of
March 28. May 16 and June 27, 1997, and thereafter on the fourth weekend of
each month, beginning on the weekend of July 25, 1997,
B, The supervisor of the visitation shall be Barry Knerr or anyone of the parties'
adult children, If on a particular weekend neither Barry Knerr nor one of the
parties' adult children are available to supervise the visitation, the parties shall
either select a supervisor by mutual agreement or change the date of the
visitation to the weekend prior to or after the scheduled weekend,
C, The duration of the visitation shall be for at least 2 'h hours, unless the parties
agree otherwise.
D, Unless otherwise mutually agreed in advance of the scheduled weekend
visitation, the children and the Father shall meet at the Bonanza Restaurant in
the Chambersburg Mall; it is anticipated that they will eat at a restaurant, go
~-_,I ,I
shopping, see a movie or some other activity and it is understood and agreed
that their time together after meeting may be at some other location then the
Chambersburg Mall
E, The persons present at the visitation shall be the children, their Father, Barry
Knerr, the children's paternal grandparents, any of the parties adult children
and no other farnily or friends unless agreed to in advance,
F The children will not be discouraged by the Mother from conversing and
interacting with the Father during the visitations,
G, The parties agree that the children Larissa and Larya shall not be required to
attend these visitations unless desired by the chidlren,
3, Nothing herein shall prevent the parties from agreeing to provide additional times
ofvisitlltion or panial custody of the children by the Father specifically on holidays, the children's
birthdays and on Father's Day, or such other times as they may agree. Mother shall permit
additiorW contact between the children and the Father if the children, or any of them, request
additional time with their Father
4, The Father shall be permitted by the Mother to have telephone contact with the
children once per week while they are in the Mother's custody, ifat the time of his call they or
any of them desire to speak with hirn, If desired by the children, they shall be permitted to contact
the Father by phone, Likewise, Father will be permitted to send mail, cards, gifts or other anicles
to the children and the children will be perrnitted to receive them or respond to them free of any
interference from the Mother,
S, The parties agree to attempt to cooperate in obtaining and participating in family
counseling provided reasonable financial arrangements can be made, a mutually agreeable
counselor can be secured and it does not contlict with the children's schedules,
-
COMMONWEALTH OF PENNSYLVANIA:
:SS:
COUNTY OF CUMBERLAND
On this, the 7" day of February, 1997, before me, the undersigned ofticer, personally
appeared Robert T, Strait iff, known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within instrument and acknowledged that he executed same for the purposes
therein contained.
1.\ ,1'/
(SEAL)
'" 'd, ,0.1.."1,;,,
COMMONWEALTH OF PENNSYLVANIA:
:SS:
COUNTY OF CUMBERLAND
On this, the 7r day of February, 1997, before me, the undersigned officer, appeared
Lisa A Straitilf, known to me ( or satisfactorily proven) to be the same person whose name is
subscribed to the instrument, and she acknowledged that she executed this agreement for the
purposes therein contained,
Ii I,
_(SEAL)
I'
," ..,'"" '} '1"1,
.
'I
ii
"
, ,
"
"
I'
, ,
I"
,
,
"
,
,'I'
, ,
,t
;,
I
"
i
',.,
"I
, ,
EXHIBIT "A"
4,) Respondent shall pick up the children at the Food Court entrance to the MJ Mall
on or after 5:00 p,m, followins each such visitation;
S) Petitioner and the children will be permitted to leave the 11.11 Mall during the
visitations, but only in the company of the supervisor of the visits as aforesaid, and
6) The parties shall continue the tamj(y counseling with Mark Deckard throughout
this initial period of supervised visitation and in this cOMection it is ordered and decreed that both
of the panies and all four of the cllildren subject to this maner participate as may be recommended
by the counselor,
By the Court,
? ~ E ~"rtdA
1.
ROBERT T. STRAITIFF,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V,
,
,
: CIVIL ACTION - LAW
LISA ANN STAAITIFF,
Defendant
,
.
: 96-2186 CIVIL TERM
IliB.E: HEARING DATE
Q,RQi..R OF COURT
AND NOW, December 18, 1996, hearing In the above-captioned custody
matter shall be continued to Friday, February 7, 1997, at 9:30 a,m. The following
changes to the visitation arrangement shall be In effect pending further Order of
Court:
1. The supervisor of the visitation shall be Barry Knerr;
2. The time of the visitation shall be from 2:00 p,m. until 4:30 p,m. each
Sunday, unless at the request of the supervisor an adjustment In time Is necessary;
3. The parties shall meet at the Bonanza Restaurant In the Chambersburg
Mall; It Is anticipated that they will eat at Bonanza and go stlopplng or go to see
a movie or some other activity;
4. The persons present at the visitation shall be the children, the petitioner,
Barry Knerr, petitioner's mother, and Michelle and/or Melina Straltlff, and no other
family friends unless agreed to in advance;
5. Petitioner shall pay any expenses of the supervisor during the visitation;
6. The parties will cooperate in completing the custody evaluation with
lA'
Eugene Stecher, which will Include Dr. Stecher meeting with petitioner and the
children together at petitioner's home; Dr. Stecher to arrange the details with the
parties.
, ,
,
, .'
,
, ,
. :
By the Court,
.
'. I,
~ : 'I ;
, . I
I
I
I
I .
. I
,
. offer,
J.
Harold S, Irwin III, Esquire
35 East High Street
Carlisle, PA 17013
For the Plaintiff
Rebecca Hughes, Esquire
60 West Pomfret Street
Carlisle, PA 17013
For the Respondent
I
,
!,
.'
I'
I,
I
I,
I