HomeMy WebLinkAbout01-04681LISA A. STRUTHERS
Plaintiff
v.
DONALD STRUTHERS, JR.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. 01-4681
CIVIL ACTION-LAW
IN CUSTODY
CUSTODY CONSENT ORDER
AND NOW, this 7 e ~~ day of ~l ~o ~/~ ~, ~zI , 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:
The Parties shall have shared legal custody of the minor Children, Devon
Struthers, born January 26, 1990, Meagan Struthers, born 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:
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.
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(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 maybe agreed upon from time to time by the Parties.
£ 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:
_VVt~
J.
LISA A. STRUTHERS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. Docket No. 01-4681
CIVIL ACTION -LAW
DONALD STRUTHERS, JR.
Defendant IN CUSTODY
STIPULATION
AND NOW, this / ~~' day of /VO~~g~-- 2001 comes the Plaintiff,
Lisa A. Struthers, and the Defendant, Donald Struthers, Jr, who stipulate as follows:
The Plaintiff and Defendant are the natural parents and have shared legal custody
of the minor Children, Devon Struthers, Meagan Sriuthers, 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:
Donald Struthers, Jr.
LISA A. STRUTHERS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
~ Docket No. 01-4681
CIVIL ACTION -LAW
DONALD STRUTHERS, JR.
Defendant 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: ~ ~ 0
Dated: ~~ s D/
sa A. S ers, Plaintiff
Donald Struthers, Jr.~l~ endant
CUSTODY AGREEMENT
This Custody Agreement ("Agreement") is made effective as ofthis /~ day of
n/oV~GI~-- 2001 by and between Donald Struthers, 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
`~Part125").
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
fclle~*.~s:
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 Niotner 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.
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Donald Struthers, Jr.
L a A. S s
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND ~,
No~emhtr
AND NOW, this J~ day of Oeteber 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 signature is
affixed 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.
~~.c~.P ~~c~-
Notary Public
My commission expires: 5 ~ ~J ~ tea'
SNiAH Q ~ tlolryPubfa
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COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND ~~ /'
~VDVem ~e-f'
AND NOW, this ~ day of AeEeber 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 Agreement and Joinder, who has signed these documents
in my presence and who has stated that she has signed these documents for the purposes
stated therein.
Cam.
Notary Public
My commission
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LISA A. STRUTHERS
Plaintiff
v.
DONALD STRUTHERS, JR.
Defendant
IN 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
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LISA A. STRU'1'IIERS
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DONALD STRUTHERS, JR.
• 01-4681 CIVIL ACTION LAW
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, August 09, 2001 , upon considerafion of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 04, 2001 at 1:00 p.m.
for aPre-Hearing Clrstody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S Sunday, Esr~ ~j~._
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
LISA A. STRUTHERS, Civil Action At Law
CUSTODY C
Plaintiff, ~-y~~ ~ , (T
Case No. tJc. I £'~-r'l
VS.
DONALD STRUTHERS, JR,
Defendant,
ORDER OF COURT
AND NOW, this ,upon consideration of the attached complaint, it is
hereby directed that the above parties and their respective counsel appear before
Esquire, the conciliator,
at
on the , day of , 2001, at ,for aPre-hearing
Custody Conference. At such conference, an effort will be made to resolve the issues in
dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by
the court and to enter into a temporary order. All children age five or older maybe
present at the conference. Failure to appear at the conference may provide grounds for the
entry of a temporary or permanent order.
FOR THE COURT:
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL FIELP.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
1-800-990-9108
'i`^5_
IN TI3E COURT OF COMMON PLEAS CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
LISA A. STRUTHERS,
Plaintiff,
VS.
DONALD STRUTHERS, JR.,
Defendant,
Case No. Q I -~ ~(o~~ l.tU1.l,~~
COMPLAINT FOR CUSTODY
1. The plaintiff is Lisa A. Struthers., residing at 1 Nottingham Drive, Mechanicsburg,
PA. 17050. County of Cumberland, Commonwealth of Pennsylvania,
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 Ag_e
Devon Struthers _ same as mother's dob 1/26/90 11
Meagan Struthers same as mother's dob 7/14/92 9
Rebecca Struthers same as mother's dob 12/27/94 6
4. The children were born within wedlock.
5. The children are presently in the custody of Lisa Struthers who resides at i
Nottingham Drive Mechanicsburg, PA. 17050.
6. During the several months the children have resided with the mother at 1 Nottingham
Drive, Mechanicsburg, PA. 17050.
Civil Action At Law---Custody
~ ,,~..
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 Struthers 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. Struthers, respectfully requests for the
aforementioned reasons, that the court grant and award her primary physical custody
of the children.
HAZLETT & OESTERLING
,..
(717)790-0490
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
& 4904 relating to unsworn falsification to authorities
Dater
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.
BY THE COURT:
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LISA A. STRUTHERS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. Docket No. 01-4681
CIVIL ACTION -LAW
DONALD STRUTHERS, JR.
Defendant IN CUSTODY
ENTRY OF APPEARANCE
TO THE PROTHONOTARY OF THE SAID COURT:
Please enter the appearance of the LAw OFFICES of RICHARD C. GAFFNEY as counsel of
record for the Defendant, Donald Struthers, Jr.
Respectfully submitted,
LAW OnF.F,ICE-S O~F RICHARD C. GAFFNEY
~'~-.~ 1
Laura A. Gargiulo, sq ' •e
PA Supreme Court ID No. 86128
2120 Market Street, Suite 101
Camp Hill, PA 17011
Telephone: 717-975-9033
Facsimile: 717-975-9034
LISA A. STRUTHERS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. Docket No. 01-4681
CIVIL ACTION -LAW
DONALD STRUTHERS, JR.
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Laura A. Gargiulo, Esquire hereby certify that on the O~ ~ day of August, 2001, I
served a true and correct copy of the foregoirig Entry of Appearance to the individuals 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
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aura A. Gargiu , E ire
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LISA A. STRUTHERS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
DONALD STRUTHERS, JR.
Defendant
Docket No. 01-4681
CIVIL ACTION -LAW
IN CUSTODY
NOTICE TO PLEAD
TO: Lisa A. Struthers, Plaintiff and
Gregory S. Hazlett, Esquire, Attorney for Plaintiff
YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer and
Counterclaim to Complaint for Custody within twenTy (20) days from service hereof or a
judgment may be entered against you.
LAW OFFICES OF RICHARD C. GAFFNEY
By (,~ut.~
aura A. Gar ' o, squire
PA Supreme Court ID No. 86128
2120 Market Street, Suite 101
Camp Hill, PA 17011
Telephone: 717-975-9033
Facsimile: 717-975-9034
~~~ .
LISA A. STRUTHERS
Plaintiff
v.
DONALD STRUTHERS, JR.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. 01-4681
CIVIL ACTION -LAW
IN CUSTODY
ANSWER AND COUNTERCLAIM
AND NOW, comes Defendant, Donald Struthers, Jr., by and through his attorneys, Law
Offices of Richard C. Gaffney, who files the following Answer and Counterclaim to Plaintiff's
Complaint for Custody, and who in support thereof states as follows:
ANSWER
1. Admitted.
2. Admitted.
3. No response required. To the extent a response to paragraph 3 is required, the
same is denied. It is further denied that Devon Struthers address is the same as mother's. To the
contrary, Devon Struthers currently resides with his father at 2270 Pine Road, Newville,
Pennsylvania 17241.
4. Admitted.
5. Admitted in part and denied in part. Defendant admits that Meagan and Rebecca
Struthers presently reside with Plaintiff; however, Defendant denies that all the children are
presently in the custody of Plaintiff To the contrary, the parties' eldest child, Devon Struthers,
currently resides with Defendant at 2270 Pine Road, Newville, Pennsylvania 17241.
6. Denied for the reasons set forth in paragraph 5 above.
7. Admitted.
8. Admitted.
9. Admitted.
.,.
10. Admitted that the parties are separated and that they currently remain married.
11. Admitted in part and denied in part. Admitted that Plaintiff is the biological
mother of the children. Denied that Devon Struthers resides with Plaintiff. Devon Struthers
currently resides with his father, Defendant herein. Byway of further answer, Defendant has
reason to believe that other individuals may also be residing with Plaintiff, to wit, Mikah Cox, an
adult male, and his son, Legend Cox, a child of approximately 5 years of age.
12. No response required.
13. No response required.
14. No response required.
15. Denied. It is denied that the best interest and permanent welfare of the children
will be served by granting the relief requested by Plaintiff.
(a) Denied. It is denied that all the children currently reside with their
mother. To the contrary, Devon Struthers, resides with his father. It is denied that Plaintiff has
been the primary caretaker and caregiver to the children, and fiu ther denied that Plaintiff will
provide the children with comfort, permanency and familiarity.
(b) Denied. It is denied that Plaintiff can provide a predictable and stable
lifestyle for the children and that it is in their best interest to reside with Plaintiff.
WHEREFORE, Defendant, Donald Struthers, respectfully requests that this Honorable
Court DENY Plaintiff s request for primary physical custody of the children.
COUNTERCLAIM
AND NOW, comes Donald Struthers, Jr., Defendant/Plaintiff in Counterclaim, by and
through his attorneys, Law Offices of Richard C. Gaffney, who avers as follows:
16. Defendant's responses as set forth in paragraphs 1 through 15 above are
incorporated by reference as though set forth at length herein.
17. Defendant/Plaintiff in Counterclaim is Donald Struthers, Jr. ("Father"), who
resides at 2270 Pine Road, Newville, Cumberland County, Pennsylvania 17241.
- ..R,
18. Plaintiff/Defendant in Counterclaim is Lisa Struthers ("Mother"), who resides at 1
Nottingham Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
19. father seeks custody of the following children:
Name Present Residence Awe
Devon Struthers 2270 Pine Road 11
Newville, PA 17241
Meagan Struthers 1 Nottingham Drive
Mechanicsburg, PA 17050
Rebecca Struthers 1 Nottingham Drive 6
Mechanicsburg, PA 17050
20. The children were born within wedlock. Devon Struthers currently resides with
Father. Meagan and Rebecca Struthers presently reside with Mother.
21. Prior to January 5, 2001, the children resided with both Mother and Father. From
January through June 2001, the children resided with Mother. From June to July 2001, the
children resided with Mother, Mikah Cox, an adult male, and his son, Legend Cox, a child of
approximately 5 years of age. In July 2001, Devon Struthers moved in with Father and continues
to reside with Father. Meagan and Rebecca Struthers presently reside with Mother, Mikah and
Legend Cox.
22. The biological father of the children is Donald Struthers, Jr., Defendant/Plaintiff
in Counterclaim. He is married to the mother of the children, Plaintiff/Defendant in
Counterclaim; however, the parties are living separate and apart. Father currently resides with
the following persons:
Name
Relationship
Devon Struthers Son
Patricia Struthers Mother
23. The biological mother of the children is Lisa Struthers, Plaintiff/Defendant in
Counterclaim. She is married to Father; however, the parties are living separate and apart. Upon
information and belief Mother currently resides with the following persons:
Name
Relationshiu
Meagan Struthers Daughter
Rebecca Struthers Daughter
Mikah Cox Boyfriend
Legend Cox Boyfriend's Son
24. Father has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court. Father has no other
information of a custody proceeding concerning the children pending in a Court of this
Commonwealth. Father does not know of a person not a party to the proceedings who has
physical custody of the children or who claims to have custody or visitation rights with respect to
the children.
25. The best interests and permanent welfare of the children will be served by
granting the relief requested because:
(a) Father can provide the children with stability and certainty, and a healthy and
loving environment.
(b) Father will promote communications and liberal access between the children and
their mother.
(c) It is believed that Mother is in an unstable, unpredictable and unhealthy
environment, which will negatively impact upon the children should Mother be granted primary
custody of the children.
(d) The children have expressed a desire to live with Father, and one child, Devon
Struthers, has already moved into Father's residence.
26. Each parent whose parental rights to the children have not been terminated and
the persons who have physical custody of the children have been named as parties to this action.
WHEREFORE, Donald Struthers, Defendant/Plaintiff in Counterclaim, respectfully
requests that this Honorable Court grant and award him primary physical custody of the children.
Respectfully submitted,
LAW OFFICES OF RICHARD C. GAFFNEY
By: Q
aura A. Gargiul , squire
PA Supreme Court ID No. 86128
2120 Market Street, Suite 101
Camp Hill, PA 17011
Telephone: 717-975-9033
Facsimile: 717-975-9034
VERIFICATION
I, Donald Struthers, Jr., verify that the statements contained in the foregoing pleading aze
true and correct to the best of my knowledge, information and belief. I understand that false
statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn
falsification to authorities.
Date: U ~' $ ~, ~tJ 1 "Yw~A .J ~-~^'
Donald Struthers, Jr.
LISA A. STRUTHERS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. Docket No. 01-4681
CIVIL ACTION -LAW
DONALD STRUTHERS, JR.
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Laura A. Gargiulo, Esquire hereby certify that on the d~r>4 day of August, 2001, I
served a true and correct copy of the foregoing Answer and Counterclaim to the individuals
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
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LISA A. STRUTHERS,
Plaintiff
vs.
DONALD STRUTHERS, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-4681 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of .~"~J~ 2001, upon
consideration of the attached Custody Conciliation Report, it is ordered 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. Struthers, and the Father, Donald Struthers, Jr., shall have shared legal
custody of Devon Struthers, born January 26, 1990, Meagan Struthers, born July 14, 1992, and
Rebecca Struthers, born 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 unti18:00 p.m.
.. ._
C. The Mother shall have custody of all three Children every Tuesday from after
school unti18:00 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 L (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 C ,
J.
Cc: Lee E. Oesterling, Esquire -Counsel for Mother
Laura A. Gargiulo, Esquire -Counsel for Father ~% ~ 9Q//~-~f
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--' r
LISA A. STRUTHERS,
Plaintiff
vs.
DONALD STRUTHERS, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-4681 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Devon Struthers January 26, 1990 Mother
Meagan Struthers July 14, 1992 Mother
Rebecca Struthers December 27, 1994 Mother
2. A Conciliation Conference was held on September 4, 2001, with the following individuals
in attendance: The Mother, Lisa A. Struthers, with her counsel, Lee E. Oesterling, Esquire and the
Father, Donald Struthers, Jr., with his counsel, Laura A. Gargiulo, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
~~ ~T ~
Date Dawn S. Sunday, Esquire
Custody Conciliator