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Dte Z 1 2001
JEAN SAA SAA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-2051 CIVIL TERM
DAWN M. GOCHENAUR and
MICHAEL A. SOUDERS,
Defendants
IN CUSTODY
ORDER
AND NOW,
, upon consideration of the attached complaint it is
hereby directed that the parties and their respective counsel appear before
, the
conciliator, at
on the
day of
,2001,at_m.fora
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 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.
FOR THE COURT,
BY
Custody Conciliator
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JEAN SM SM,
Plaintiff
v.
IN TIffi COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2001- ~~I CIVIL TERM
DAWNM. GOCHENAUR,
AND
MICHAEL A. SOUDERS,
Defendants
IN CUSTODY
CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into the day and year
Hereinafter set forth by and between Jean Saa Saa, (hereinafter referred to as "Aunt");
and Dawn M. Gochenaur, (hereinafter referred to as "Mother") and Michael A. Souders,
(hereinafter referred to as "Father");
WHEREAS, the parties are the natural parents of Samantha Jo Souders Gochenaur,
born May 25; 1993, (hereinafter referred to as "child"); Adrian Alexander Souders Gochenaur,
born May 9, 1994, (hereinafter referred to as "child"); Je~e Eugene Souders Gochenaur, born
.
May 9, 1994, (hereinafter referred to as "child"); and
WHEREAS, the parties are not married; and
WHEREAS, the parties wish to enter into an agreement re~tive to the cuStody and
guardianship of the children; and
NOW, THEREFORE, in consideration of the mutual covenants'~romises and
agreements as hereinafter set forth, the parties agree as follows:
I. The. parties will share legal custody of the children with the chi~en's aunt,
Jean Saa Saa.
2. The aunt, Jean Saa 8aa will have primary physical custody of the children.
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3. The parties will have temporary physical custody of the children at such
times as-the parties agree between themselves and'Jean Saa Saa.
4. The parties agree that Jean Saa Saa is authorized to make decisions regarding
education, medical, and every day decisions regoWding their care and future.
5. The parties and Jean Saa Saa desire that this Stipulation and Agreement be
made an Order of Court to the Court of COIl1D1on Pleas of Cumberland County,Jnd further
acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have
jurisdiction over the issue of custody of the parties' minor children, and shall retain such
jurisdiction should the circumstances change and either party desire or require modification
of said Order.
6. The parties agree that in making this Agreement, there has been no fraud,
.
concealment, overreaching, coercion, or other unfair dealing on the party of the other.
7. The parties acknowledges that they have JI6d and understood the provisions
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of this Agreement. Each party acknowledges that the-.Agreement is fair and equitable and
that it is not the result of any dUtess or U1)due influence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the
Terms hereof, set forth their hands and seals the day and year written below.
WITNESS:
'l/k/;J/~~ A~~~/JM~~
, DAWN M. CHENAUR
DATE 1//1d~ ~ ~.
7} -Pf:!JIe .reO --':i
1M MICHAELA< ~~ ~ ~
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STATE OF Pennsylvania
: SS.
COUNTY OF Cumberland
AND NOW, this ~y Oapil, 2001, before me, the undersigned
Officer, personally appeared Dawn M. Gochenaur, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
1
Notarial Seal
Jean K. Biffart, Notary Public
FairviewTwp., '(ork:County
My Commission ExpireS,NG~. 23, 2002
Member, Pennsylvania ASSOCl1;!-ti?n, of Notaries
STATE OF Pennsylvania
: SS.
COUNTY OF Cumberland
AND NOW, this qJ/1 day OfUfJJ, 2001, before me, the undersigned
Officer, personally appeared Michael A. Souders, known to me (or satisfactorily proven)
to be the person whose nam.e is subscribed to the within instrument, and acknowledged
that he executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notarial Seal
Jean K. Biffart, Notary Public
Fairview Twp., York County
My Commission Expires Nov. 23, 2002
Member, Pennsylvania Association of Notaries
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The children's aunt, Jean Saa Saa,joins in t 's agreement and accepts its terms.
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{ JEAN SAA SAA
DATE: Jj - lo- () \
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STATE OF Pennsylvania
: SS.
COUNTY OF Cumberland
. AND NOW, thisft/1 day OfC1jJzl ,2001, before me, the undersigned
Officer, personally appeared Jean 8aa Saa, know to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that she
executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~RfVP
Notary
Notarial Seal
Jean K. Siffart, Notary Public
Fairview Twp., York County
My Commission Expires Nov. 23, 2002
Member, pennsylvanjJ. AbJOClaHon of Notaries
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APR 0 9 200111
JEANSAASAA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
2001- .;>OSI Crvn.. TERM
DAWN M. GOCHENAUR,
AND
MICHAEL A. SOUDERS,
Defendants
IN CUSTODY
ORDER OF COURT
AND NOW, this~daY of ~ 2001, the attached Stipulation and
Agr~lJlent is hereby made an Order of Court and all prior orders on this matter are
hereby vacated.
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JEANSAASAA
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
01-2051 CIVIL ACTION LAW
DAWN M. GOCHENAUR AND MICHAEL A.
SOUDERS DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Tuesday, Jauuary 08, 2002
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, February 04, 2002 at 1:00 PM
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 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 aJI existing Protection from Abnse orders,
SpeciaJ Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Melissa P. Greevy. Esq.~1\,A
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
HA VB 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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JEAN SAA SAA,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2001-2051 CIVIL TERM
DAWN M. GOCHENAUR and
MICHAEL A, SOUDERS,
Defendants
: IN CUSTODY
MOTION FOR MODIFICATION OF CUSTODY
AND NOW comes Petitioner, Dawn M. Gochenaur, by her undersigned attorney and
respectfully requests modification of this Court's Order for Custody and Visitation, setting forth
in support thereof as follows:
I. Petitioner herein is Defendant, Dawn M. Gochenaur,
2. Respondents herein are Plaintiff and Defendant, Michael A. Souders.
3. On or about April 6, 2001, the parties signed an agreement for custody and visitation,
which is incorporated into this Court's Order of April 9, 2001, Said Stipulation and Order are
part ofthe record in this action and are referred hereto by reference.
4. Defendants are the natural parents of the children. Plaintiff is the children's great
aunt.
5. When the agreement was entered into, it was the understanding of the parties that this
would be temporary until Petitioner could get on her feet economically and have her children
returned,
6. Plaintiff has, as of late, not allowed any visitation, and has not allowed Petitioner or
Petitioner's father, Michael A. Souders, any input into decisions made about the children, and
has not provided news on how the children are doing,
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7. Plaintiff's actions are contrary to the letter in spirit ofthe Stipulation they signed.
8. It is in the best interest of the children that the children be returned to Defendant,
Dawn Gochenaur.
9. Plaintiffhas had custody of the children since August, 2001.
WHEREFORE, Petitioner, Dawn Gochenaur, respectfully request that this Court's Order
of April 9, 2001, be modified and that the new Order be entered granting primary physical
custody in her, with legal custody shared with her and Defendant, Michael A, Souders,
Respectfully Submitted,
Date: /2)/7 h/
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Lt/417t
1Cenneth A. Wise, Esquire
Id. No, 16142
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 238.3838
Attorney For Plaintiff
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CERTIFICATION
I hereby certify that I am this day serving a true and correct copy MOTION FOR
MODIFICATION OF CUSTODY on the following individual by First Class V,S. Mail
addressed as follows:
Michael Souders
120 I Bridge Street
New Cumberland, P A 17070
Jean Saa Saa
109 Meadowbrook Road, Lot 9
New Cumberland, P A 17070
Date:
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Kenneth A. Wise, Esquire
Id, No. 16142
126 Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 238-3838
Attorney for Defendant
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VERIFICATION
Upon my personal knowledge or information and belief, I hereby verifY that the facts
averred in the foregoing Complaint are true and correct to the best of my knowledge, information,
and belief. I understand that false statements herein made are subject to the criminal penalties of 18
Pa.C.S. S 4904, relating to unsworn falsification to authorities.
Date:J2/JY/al
~fuJAf\ifl,~~
awn M. Gochenaur
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~2 2 2002
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JEAN SAA SAA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2051
vs.
DAWN M. GOCHENAUR AND
MICHAEL A. SOUDERS,
CIVIL ACTION. LAW
CUSTODY
Defendants
TEMPORARY ORDER OF COURT
AND NOW, this _ ~ ty of February, 2002, upon consideration of the
attached Custody Conciliatio'n Sumn'rary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The parties, Jean Saa Saa, Dawn M. Gochenaur and Michael A.
Souders, shall have shared legal custody of the minor Children, Jesse Eugene Souders
Gochenaur, born May 9, 1994; Adrian Alexander Souders Gochenaur, born May 9, 1994; and
Samantha Jo Souders Gochenaur, born May 25, 1993. Each party shall have an equal right,
to be exercised jointly with the other parties, to make all major non-emergency decisions
affecting the Children's well-being including, but not limited to, all decisions regarding their
health, education and religion. Pursuant to the terms of Pa. C. S. S 5309, each party shall be
entitled to all records and information pertaining to the Children including, but not limited to,
medical, dental, religious or school records, the residence address of the Children and of the
other parties. To the extent one party has possession of any such records or information, that
party shall be required to share the same, or copies thereof, with the other parties within such
reasonable time as to make the records and information of reasonable use to the other
parties.
2. Physical Custody. The Great Aunt, Jean Saa Saa shall have primary physical
custody. Effective February 15, 2002, Mother shall have partial custody on alternate weekend
periods of custody from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Effective February 10,
2002, Father shall have partial custody on alternate Sundays from 9:00 a.m. until 6:00 p.m.
Father shall provide notice by Thursday if he is not able to exercise his period of custody for
the approaching Sunday.
3. During any period of custody or visitation the parties to this Order shall not possess
or use controlled substances, neither shall they consume alcoholic beverages to the point of
intoxication. The parties shall likewise ensure, to the extent possible, that the other household
members and/or house guests comply with this prohibition.
4. Transportation. Transportation incident to Mother and Father's periods of custody
shall be provided by the parent having the period of partial custody.
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No. 01-2051 -- Civil Term
5. Mother's schedule of custodial time shall be increased to each week effective with
April 12, 2002. Mother will cooperate in arranging and in continuing to provide time for Father
as otherwise provided in this Order.
6. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter.
7. The Custody Conciliation Conference shall reconvene on Monday, June 3,
2002, at 9:15 a.m., at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire,
301 Market Street, Lemoyne, PA 17043. In the event that any of the parties feels an
additional Conference would be necessary prior to the June 3, 2002 conference, that request
may be made to the Conciliator by letter with copies to counsel for the other parties.
J.
Oist:
~nneth Wise, Esquire, 126 Locust Street, PO Box 11489, Harrisburg, PA 17108-1489
vLawrence J. Rosen, Esquire, 1101 N. Front Street, Harrisburg, PA 17102 >
~ichael A. Souders, 1201 Bridge Street, New Cumberland, PA !7070
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JEAN 8AA SAA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2051
vs.
DAWN M. GOCHENAUR AND
MICHAEL A. SOUDERS,
CIVIL ACTION - LAW
CUSTODY
Defendants
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 subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Jesse Eugene Souders Gochenaur
Adrian Alexander Souders Gochenaur
Samantha Jo Souders Gochenaur
May 9, 1994
May 9, 1994
May 25, 1993
Maternal Great-Aunt
Maternal Great-Aunt
Maternal Great-Aunt
2. A Custody Conciliation Conference was held on February 4, 2002, with the following
individuals in attendance: the Maternal Great-Aunt, Jean Saa Saa, and her counsel, Larry
Rosen, Esquire; the Mother, Dawn M. Gochenaur, and her counsel, Kenneth Wise, Esquire;
and the Father, Michael A. Souders, pro se.
Date
3. The parties reached an agreement in the form of an Order as attached.
U/dt9.-Q~
Melissa Peel Greevy, Esquire
Custody Conciliator
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AP~ 2002
JEAN SAA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2051 CIVIL TERM
v.
CIVIL ACTION - LAW
DAWN GOCHENAUR AND
MICHAEL A. SOUDERS,
IN CUSTODY
Defendants
GUIDO, J. ---
TEMPORARY ORDER OF COURT
AND NOW, this I~.J" day of April, 2002, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
This Court's Temporary Order of February 26, 2002, shall remain in full force and
effect with the following modifications:
1. The increase to Mother's custodial time contemplated in Paragraph 5 of the
Order of February 26, 2002, shall become effective May 10, 2002, rather than April 12,
2002.
2. The Maternal Aunt shall arrange a physical examination by a pediatrician and
provide notice to both parents of the date, time and location of that appointment so that they
have the opportunity to attend should they so desire.
3. The Maternal Aunt will provide both parents with copies of the notices from the
school district for the individualized educational plans or any other educational conferences
with regard to these children.
4. In all other respects, this Court's Order of February 26, 2002 shall remain in
full force and effect.
Edward E. Guido, J.
Dist:
Kenneth A. Wise, Esquire, 126 Locust Street, Harrisburg, PA 17101
Lawrence J. Rosen, Esquire, 1101 North Front Street, Harrisburg, PA 17102
Michael A. Souders, pro se, 1201 Bridge Street, New Cumberland, PA 17070
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AP~ :; 2002
JEAN SAA,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 01-2051 CIVIL TERM
v.
CIVIL ACTION - LAW
DAWN GOCHENAUR AND
MICHAEL A. SOUDERS,
IN CUSTODY
Defendants
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 child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Jesse Eugene
Souders Gochenaur
Adrian Alexander
Souders Gochenaur
Samantha Jo
Souders Gochenaur
May 9,1994
May 9,1994
May 25, 1993
Maternal Aunt, Jean Saa
Maternal Aunt, Jean Saa
Maternal Aunt, Jean Saa
2. A Custody Conciliation Conference was scheduled on April 2, 2002 pursuant
to the request of the Maternal Aunt's March 14,2002 request to reconvene the conference.
The parties were last seen on February 4, 2002. Present for the conference were the
Maternal Aunt, Jean Saa, and her counsel, Larry Rosen, Esquire; Dawn Gochenaur, the
Mother did not attend, however, her counsel, Kenneth Wise, Esquire, did attend. Michael A.
Souders attended as well, pro se.
3. The parties presently agreed to the form of an Order as attached. The Mother
was not present and therefore did not participate in reaching the agreement. Her counsel
opposed the delay recommended in the change to increased Mother's custodial time to
weekly weekend custody effective April 12, 2002. In light of the concerns raised and the
Mother's failure to attend the conference, the Conciliator recommends a change in the
schedule to increase the frequency of Mother's custodial time to be delayed and to begin a
new effective date of May 10, 2002. The Maternal Aunt requested to reconvene the
Custody Conciliation Conference in light of behavioral changes she has observed in the
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children with the increased frequency of contact with the Mother. She states that Jesse's
grades are dropping and he is stopped all academic progress at school. An Individualized
Educational Planning conference is scheduled for April 30, 2002 at his school. Adrienne
periodically "shuts down" and becomes non-participatory in school work. An additional
concern is that Samantha Jo, at age 8, continues to have difficulties with inuresis. The
Maternal Aunt has also expressed concern that Samantha Jo is very unhygienic in her
habits following toileting. However, Samantha Jo is doing better in school. The Maternal
Aunt is very concerned that the children need to have as much stability as possible to assist
them in dealing with their challenges. Other than the changes in Mother's upcoming
custodial schedule, the balance of the recommended Order attached reflects the agreement
of the parties in attendance and counsel for Mother.
~~aJo;-)
Date
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Melissa Peel Greevy, Esquire
Custody Conciliator
:157018