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HomeMy WebLinkAbout01-4681HAZLETT & OESTERLING 20 SOUTH MARKET STREET MECHANICSBLIRG, PA. 17055 (717) 790-0490 LISA A. STRUTHERS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA _, : Civil Action At Law---Custody VS. DONALD STRUTHERS, JR., Defendant, Case NO. ~ I ~ 2't/~,OO[ COMPLAINT FOR CUSTODY 1. The plaintiffis Lisa A. Struthers., residing at 1 Nottingham Drive, Mechanicsburg, PA. 17050. County of Cumberland, Commonwealth of Permsylvania, 2. The defendant is Donald Struthers, Jr., currently residing at 2270 Pine Road Newville, 17241 County of Cumberland, Commonwealth of Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Address Age Devon Struthers _ Meagan Stmthers Rebecca Struthers same as mother's same as mother's same as mother's 4. The children were born within wedlock. dob 1/26/90 11 dob 7/14/92 9 dob 12/27/94 6 5. The children are presently in the custody of Lisa Stmthers who resides at 1 Nottingham Drive Mechanicsburg, PA. 17050. 6. During the several months the children have resided with the mother at 1 Nottingham Drive, Mechanicsburg, PA. 17050. 7. The biological mother of the children is Lisa Struthers, currently residing at 1 Nottingham Drive, Mechanicsburg, PA. 17050. County of Cumberland, Commonwealth of Pennsylvania, 8. The mother is separated from the father, and defendant but is currently married to the same. 9. The father of the children is Donald Struthers, Jr. and is currently residing at 2270 Pine Road Newville, 17241 County of Cumberland, Commonwealth of Pennsylvania. 10. The father is separated but currently remains married to the mother, and Defendant. 11. The relationship of the plaintiff to the children is that of a biological Mother. The Plaintiff currently resides with the following persons: Name Relationship Devon Stmthers Son Meagan Struthers Daughter Rebecca Struthers Daughter 12. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 13. The plaintiff has no other information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 14. Plaintiff does not know of a person not a party to the proceedings who has physical Custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the children will be served by Granting the relief requested because: (a) The children currently reside with their mother wherein she has been the primary caretaker and caregiver to the children and within which they feel a sense of comfort, permanency, and familiarity. (b) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle for which, the children have become accustomed and which will be in the best interest of the children during their formative years and throughout their lives. WHEREFORE, Plaintiff, Lisa A. Stmthers, respectfully requests for the aforementioned reasons, that the court grant and award her primary physical custody of the children. HAZLETT & OESTERLING J Mechanicsburg, PA. 17055 (717) 790-0490 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. & 4904 relating to unsworn falsification to authorities Date: AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available 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. BYTHECOURT: Date: LISA A. STRUTHERS, Plaintiff VS. DONALD STRUTHERS, JR., Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 01-4681 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, this {O-- day of ,~*'"~_______~ * , 2001, upon consideration of the attached Custody Conciliation Report, it'ordered is and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by a professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties shall follow any interim custody recommendations issued by the evaluator pending completion of the evaluation. The parties shall obtain recommendations from the evaluator concerning contact between Meagan and Rebecca and Micah Cox during the Mother's periods of custody. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to either the parties or the Children. Each party shall be responsible for the percentage of the costs of evaluation in proportion with the parties' incomes as assigned by the Domestic Relations Office. Notwithstanding the foregoing, the Mother shall be responsible for all costs, if any, associated with the participation of Micah Cox, or his son, in the evaluation process. 2. The Mother, Lisa A. Stmthers, and the Father, Donald Stmthers, Jr., shall have shared legal custody of Devon Struthers, bom January 26, 1990, Meagan Stmthers, bom July 14, 1992, and Rebecca Struthers, bom December 27, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Pending completion of the custody evaluation (including interim recommendations) and further Order of Court or agreement of the parties, the parties shall have custody of the Children as follows: A. The Mother shall continue to have primary physical custody of Meagan and Rebecca, and the Father shall continue to have primary physical custody of Devon. B. The Father shall have custody of all three Children every Wednesday from after school until 8:00 p.m. C. The Mother shall have custody of all three Children every Tuesday from after school until 8:00 p.m. D. The parties shall have custody of the Children on weekends in accordance with the following four week cycle which shall continue to repeat subsequent to the dates indicated: (1). WEEKEND I: (9/07/01 - 9/09/01) Father shall have custody of all three Children from Friday after school through Sunday at 6:00 p.m. (2). WEEKEND II: (9/14/01- 9/16/01) Father shall have custody of Meagan and Rebecca and the Mother shall have custody of Devon from Friday after school until Sunday at 6:00 p.m. (3). WEEKEND III: (9/21/01-9/23/01) Father shall have custody of all three Children from Friday after school through Sunday at 6:00 p.m. (4). WEEKEND IV: (9/28/01-9/30/01) Mother shall have custody of all three Children from Friday after school through Sunday at 6:00 p.m. E. The Mother shall ensure that Micah Cox and his son have no contact with Devon during the Mother's periods of custody. F. The parties shall follow the recommendations of the evaluator with respect to the appropriateness of contact between Meagan and Rebecca and Micah Cox and his son during the Mother's periods of custody. G. The Mother shall ensure that Micah Cox and his son are neither residing in nor spending overnight periods at her residence. H. All custody exchanges shall take place at the Silver Spring Township police station unless otherwise agreed between the parties. 4. Counsel for either party may contact the Conciliator within 60 days of receipt of the evaluator's written custody recommendations to schedule an additional Custody Conciliation Conference, if necessary. BY THE ~ Cc: Lee E. Oesterling, Esquire - Counsel for Mother Laura A. Gargiulo, Esquire - Counsel for Father %. V1NVA"IAgNN]~cf 91:8 14~ II cl.L'l$ t0 LISA A. STRUTHERS, Plaintiff VS. DONALD STRUTHERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4681 CWIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devon Stmthers Meagan Struthers Rebecca Struthers January 26, 1990 July 14, 1992 December 27, 1994 Mother Mother Mother 2. A Conciliation Conference was held on September 4, 2001, with the following individuals in attendance: The Mother, Lisa A. Stmthers, with her counsel, Lee E. Oesterling, Esquire and the Father, Donald Stmthers, Jr., with his counsel, Laura A. Gargiulo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator LISA A. STRUTHERS : Plaintiff : DONALD STRUTHERS, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 01-4681 CIVIL ACTION - LAW IN CUSTODY STIPULATION ANDNOW, this /J''~ dayof ~O~/On'~ 2001 comes the Plaintiff, Lisa A. Stmthers, and the Defendant, Donald Struthers, Jr., who stipulate as follows: 1. The Plaintiffand Defendant are the natural parents and have shared legal custody of the minor Childreu, Devon Struthers, Meagan Stmthers, and Rebecca Struthers. 2. The custody of the Children is subject to an existing Order of Court, dated September 10, 2001, which the parties mutually desire to have modified as set forth in the suggested Order attached hereto. 3. The parties jointly request that the Court modify the existing Custody Order with regard to the said minor Children as set forth in the suggested Order. Witness: iff~~ ~ Defendant: Donald Stmther~, Jr. '/ ! LISA A. STRUTHERS : Plaintiff : : DONALD STRUTHERS, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 01-4681 CIVIL ACTION - LAW : IN CUSTODY JOINDER Pursuant to Pa.R.C.P. 1915.7, the undersigned hereby consent to the attached Custody Agreement and agree that they are in accord with the terms thereof. The parties hereto further consent to the Court's entering of record the attached Custody Agreement without requiring the parties hereto to appear before the Court and offer further testimony in this matter. Dated: ' t ~L'~s'a-~. Streets, Plaintiff ! Dated: 11/1~'/0 ! ~ ,~"~ ~ D~nald Struther-s, Jr., D~tndant CUSTODY AGREEMENT This Custody Agreement ("Agreement") is made effective as of this /~0~ day of /~t~ 2001 by and between Donald Stmthers, Jr., who resides at 2270 Pine Road, Newville, Cumberland County, Pennsylvania (hereinafter referred to as "Father") and Lisa A. Struthers, who resides at 1 Nottingham Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Mother") (collectively, the "Parties"). WHEREAS, the Parties are the natural and biological parents of three children, Devon Struthers, born January 26, 1990, Meagan Struthers, born July 14, 1992, and Rebecca Struthers, born December 27, 1994 (collectively, the "Children"); and WHEREAS, the Parties to this Agreement are represented by counsel of their own choosing, or have had the opportunity to obtain counsel of their own choosing; and have deliberated upon and given considerable thought to the questions of legal and physical custody of the minor Children and the manner in which the Children's interests may best be served; and WHEREAS, the Parties mutually agree that it is in the best interests of the Children that they continue to have the broadest and most meaningful contact possible with both Parties consistent with the provisions of this Agreement. NOW, THEREFORE, in furtherance of those interests, the Parties agree as follows: 1. The Parties shall have shared legal custody of the Children. 2. Father shall have primary physical custody of the Children. 3. Mother shall be entitled to periods of partial physical custody of the Children as per the following schedule: a. Every other weekend from 5:00 PM on Friday through 6:00 PM on Sunday; b. Every Wednesday evening from 5:00 PM through 8:00 PM; c. The holiday schedule shall be as follows: (i) Easter, Thanksgiving and Christmas: the Children shall spend one-half day with Mother and one-half day with Father, the specific times and arrangements to be agreed upon by the Parties. (ii) Mother and Father shall alternate the Memorial Day and Labor Day holidays. (iii) The Children shall spend Mother Day's and Mother's birthday with Mother. (iv) The Children shall spend Father's Day and Father's birthday with Father. d. The holiday schedule for exercising physical custody shall take precedence over weekend custody periods; e. The Parties shall be entitled to such other periods of custody with the Children as may be agreed upon from time to time by the Parties. f. The parent receiving the Children shall be responsible for transportation. 4. The Parties understand and agree that neither parent shall do anything directly or indirectly to alienate the Children's affection for the other parent or color the Children's attitudes toward the other. The Parties agree to consult and cooperate, and shall consult and cooperate with respect to the Children, so as, in a maximum degree, to advance their health, emotional and physical well-being, and to give and afford them the affection of both parents and a sense of security. Both Parties shall conduct themselves in such a manner that shall be best for the Children's interests, welfare and happiness. 5. The Parties intend that this Agreement will modify the ORDER OF COURT issued by the Cumberland County Court of Common Pleas, docket number 01- 4681, dated September 10, 2001. The Parties hereby submit to the jurisdiction of the Cumberland County Court of Common Pleas and waive any objection to jurisdiction or venue in connection with this matter. WHEREFORE, intending to be legally bound thereby, the Parties hereby set their signatures on the date first above written. Donald Struthers, Jr. COMMONWEALTH OF PENNSYLVANIA: : SS, COUNTY OF CUMBERLAND : ~ AND NOW, this I~~x day of O~t~ 2001, before me, a Notary Public of and for the above-referenced Commonwealth and County, appeared Donald Struthers, Jr., personally known to me or satisfactorily proven to be the person whose sJ~mature is aWxxecl to the attached Custody Agreement and Joinder, who has signed these documents in my presence and who has stated that he has signed these documents for the purposes stated therein. Notary Public My con-mission expires: COMMONWEALTH OF PENNSYLVANIA: : SS. COLrNTY OF CUMBERLAND~o off--':~t~,~ AND NOW, this ~ day of~ 2001, before me, a Notary Public of and for the above-referenced Commonwealth and County, appeared Lisa A. Struthers, personally known to me or satisfactorily proven to be the person whose signature is affixed to the attached Custody A~reement and Joinder, who has signed these documents in my presence and who has stated that she has si~ned Notary Public LISA A. STRUTHERS Plaintiff DONALD STRUTHERS, JR. Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 01-4681 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Laura A. Gargiulo, Esquire hereby certify that on the 15th day of November, 2001, I served a true and correct copy of the foregoing Custody Agreement, Stipulation, Joinder and proposed Order to the individual hereinafter named by depositing a copy of same in United States First Class Mail, postage prepaid, addressed as follows: Gregory S. Hazlett, Esquire Hazlett & Oesterling 20 South Market Street Mechanicsburg, PA 17055 La ra A. Gargiul~ Es~ire LISA A. STRUTHERS : Plaintiff : DONALD STRUTHERS, Jl~ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 01-4681 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONSENT ORDER ANDNOW, this ?40 ~ dayof ~O,~x/d~[~/' , 2001, the parties hereto having jointly requested a modification of the Custody Order in the above-captioned term and number, dated September 10, 2001, it is hereby ORDERED and DECREED as follows: 1. The Parties shall have shared legal custody of the minor Children, Devon Struthers, bom January 26, 1990, Meagan Struthers, bom July 14, 1992, and Rebecca Struthers, born December 27, 1994 (collectively the "Children"). 2. Donald Struthers, Jr. ("Father") shall have primary physical custody of the Children. 3. Lisa Struthers ("Mother") shall be entitled to periods of partial physical custody of the Children as per the following schedule: Every other weekend from 5:00 PM on Friday through 6:00 PM on Sunday; b. C. Every Wednesday evening from 5:00 PM through 8:00 PM; The holiday schedule shall be as follows: (i) Easter, Thanksgiving and Christmas: the Children shall spend one-half day with Mother and one-half day with Father, the specific times and arrangements to be agreed upon by the Parties. (ii) Mother and Father shall alternate the Memorial Day and Labor Day holidays. (iii) The Children shall spend Mother's Day and Mother's birthday with Mother. (iv) The Children shall spend Father's Day and Father's birthday with Father. d. The holiday schedule for exercising physical custody shall take precedence over weekend custody periods; e. The Parties shall be entitled to such other periods of custody with the Children as may be agreed upon from time to time by the Parties. f. The parent receiving the Children shall be responsible for transportation. 4. The Parties understand and agree that neither parent shall do anything directly or indirectly to alienate the Children's affection for the other parent or color the Children's attitudes toward the other. The Parties agree to consult and cooperate, and shall consult and cooperate with respect to the Children, so as, in a maximum degree, to advance their health, emotional and physical well-being, and to give and afford them the affection of both parents and a sense of security. Both Parties shall conduct themselves in such a manner that shall be best for the Children's interests, welfare and happiness. BY THE COURT: