Strausser v. Strausser

24 Pa. D. & C.5th 470
CourtPennsylvania Court of Common Pleas, Berks County
DecidedJuly 15, 2011
DocketNo. 04-239, I.D. #2
StatusPublished

This text of 24 Pa. D. & C.5th 470 (Strausser v. Strausser) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strausser v. Strausser, 24 Pa. D. & C.5th 470 (Pa. Super. Ct. 2011).

Opinion

LASH, J.,

The matter before this court is the petition of plaintiff, Gale Strausser (hereinafter “mother”), to modify the child custody order entered on November 27, 2006. Trial on the petition was held on May 23, 2011, June 24, 2011, and June 28, 2011. The court enters the following findings of fact:

I. FINDINGS OF FACT

1. Plaintiff, Gale Strausser (hereinafter “mother”), is [472]*472an adult individual who currently resides at 256 Briarwood Court, Allentown, Lehigh County, Pennsylvania.

2. Defendant, John C. Strausser (hereinafter “father”), is an adult individual who currently resides at 2 North Main Street, Topton, Berks County, Pennsylvania 19562.

3. The parties are the natural parents of a female minor child, HJS (hereinafter “minor child”), bom February 3, 1996.

4. The parties were formerly husband and wife, being married on July 7, 1995. The parties separated on December 25, 2003 and were divorced on November 10, 2009, by decree entered by the Berks County Court of Common Pleas.

5. On November 8, 2006, this court conducted a custody trial. On November 27, 2006, this court entered a decision, setting forth, among other things, that father would have primary custody of the minor child, with mother to have partial custody on alternate weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. and one (1) evening per week from 3:30 p.m. until 8:00 p.m.

6. During the course of the proceedings prior to the first custody trial, this court appointed Lisa D. Gentile, Esquire, as guardian ad litem. Attorney Gentile has continued as guardian ad litem for the current petition to modify proceedings.

7. At the first trial, both parties had sought primary physical custody. Integral to this court’s decision in awarding father primary custody were certain actions and influences performed by mother, which caused [473]*473psychological and emotional distress to the minor child and affected her relationship with father. The following is an excerpt from this court’s opinion of November 27, 2006, which elaborates:

It is quickly apparent that one issue far overshadows the other issues/factors relative to a determination of primary custody, namely, the exertion by mother of undue influence on the minor child. From time to time, this court is faced with a party’s allegation that the other party is attempting to coax or influence the minor child into expressing a preference for that party, or otherwise “putting words in the child’s mouth.” These allegations can sometimes be established by evidence, but often times remain unsubstantiated. In this case, however, there is overwhelming evidence establishing that mother, in fact, has made concerted and repeated efforts to alter the minor child’s thinking, alienate the minor child from her father, and fabricate, all to benefit mother’s position. Mother has been blatant, dictating and directing the minor child within earshot of the guardian ad litem. Further, when confronted with this indisputable evidence, mother continued to deny, under oath, that she was in any way trying to influence the minor child....
It is also clear to this court that the minor child has been substantially and negatively affected by mother’s conduct. The minor child has become an advocate for her mother’s position, fully acting in submission to her mother’s wishes. She has yielded and perhaps even abandoned her own perspective. At her tender age, this [474]*474modification of her behavior could affect her ability to interact with others, her ability to be forthright, and her ability to be independent, for years to come. There is also the open question of how the minor child currently relates to father, and what type of bond will exist between the two from this point forward.

8. OnAugust 12,2009, mother filed the within petition to modify the custody order entered November 27, 2006, setting forth that a modification is warranted because the minor child’s school grades have “dramatically gone down,” the minor child has had great difficulty adjusting to the “extremely limited time she is able to spend with her mother,” the minor child has had great difficulty adjusting to living with her father’s paramour and her paramour’s children, the minor child’s preference is to reside with her mother, and mother’s home provides a more stable environment for the minor child.

9. On February 22, 2010, by agreement, this court entered a new order, on a temporary basis, providing, for the most part, the same terms and conditions of the order of November 27, 2006, but adding provisions for the Christmas holiday, transportation, and for counseling, including family counseling and the continuation of the minor child’s counseling.

10. Mother currently resides with her fiance, Robert W. Sherick, Jr., and his daughter, HS, bom June 20,1997. Mother has resided with Mr. Sherick since late 2003 or early 2004.

11. Father currently resides with his fiancee, Rebecca Ann Moyer, and her two (2) sons, NDM, bom June 13, [475]*4751997, and SLM, bom October 18, 1999. Father and Ms. Moyer began their relationship in 2006 and have been living together since March of 2007. They intend to be married on September 10, 2011.

12. Mother is employed by Behr Paints in Allentown, working Mondays through Fridays from 5:30 a.m. until* 2:00 p.m.

13. Father is employed by East Penn Manufacturing in Lyons Station, Pennsylvania, working generally Monday through Saturday from 7:00 a.m. until 3:00 p.m. to 5:00 p.m. and Sunday from 7:00 a.m. to noon.

14. Father resides in the Brandywine Heights Area School District. The minor child is currently enrolled at Brandywine Heights High School and is going to tenth grade in the fall.

15. Mother resides in the Parkland School District.

16. By agreement of the parties, this court, on January 11,2011, entered an order appointing Anthony M. Horney, Jr., L.C.S.W., to conduct a custody evaluation. The order required Mr. Homey to evaluate father’s fiancee and the relationship between father’s fiancee and the minor child. Mr. Horney interviewed father’s paramour and the minor child in January of 2010.

17. During the summer months, the minor child is involved with a swim team and as a volunteer at the Topton Lutheran Home, working with elderly patients.

II. DISCUSSION

Both parties seek primary custody. In making [476]*476disposition, this court considered the testimony of the parties, the evaluator, Anthony M. Horney, Jr., L.C.S.W., the parties’ respective fiancees, Rebecca Ann Moyer and Robert W. Sherick, Jr., an in camera conference with the minor child, and the exhibits submitted by the parties.

Mother believes that the minor child’s interests would be better suited if she resided primarily with her. Mother states that she has established a long term stable household with her fiance, Robert W. Sherick, Jr. The relationship is strong, without undue bickering or fighting. The couple plan to get married in the near future. The minor child gets along well with Mr. Sherick’s daughter, HS.

The Parkland School District, where the couple reside, has an excellent reputation. The minor child has special needs and is enrolled in an IEP program.

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Bluebook (online)
24 Pa. D. & C.5th 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strausser-v-strausser-pactcomplberks-2011.