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HomeMy WebLinkAbout10-2268FILED-C,'1 7F!`F Barbara Sumple-Sullivan, Esquire - Supreme Court #32317 2? D ?;?,?? 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CU"v°y ; Jitj' LAUREN M. SOUDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY JEREMY B. SOLIDER, ??'al???U? Defendant NO. /?- CUSTODY COMPLAINT 1. The Plaintiff is Lauren M. Souder (hereinafter referred to as "Mother"), who currently resides at 410 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Jeremy B. Souder (hereinafter referred to as "Father"), who currently resides at 410 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks shared legal and primary physical custody of the following children: NAME PRESENT RESIDENCE Tyson J. Souder 410 Heisey Road Mechanicsburg, PA 17055 DATE OF BIRTH October 8, 2003 Brody S. Souder 410 Heisey Road Mechanicsburg, PA 17055 Darby E. Souder 410 Heisey Road Mechanicsburg, PA 17055 The children were not born out of wedlock. December 15, 2005 December 4, 2008 #17y - *_`? 1um?/r 1//'1'41 &-# ftl/ AH a3s?y7 The children are presently in the custody of Mother and Father who currently reside at the address listed above. The parties are immediately separating. During the past five years, the children have resided with the following persons at the following addresses: NAMES OF PERSONS Father, Mother and Children ADDRESSES 410 Heisey Road Mechanicsburg, PA 17055 DATES April, 2005 to Present The Mother of the children is Lauren M. Souder, currently residing at 410 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is separated from Defendant. The Father of the children is Jeremy B. Souder, currently residing at 410 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. He is separated from Plaintiff. 4. The relationship of the Plaintiff to that of the children is that of Mother. The Plaintiff currently resides with the following persons: NAME Lauren M. Souder Jeremy B. Souder Tyson J. Souder Brody S. Souder Darby E. Souder 2 RELATIONSHIP Self Husband Son Son Daughter 5. The relationship of the Defendant to the children is Father. The Defendant currently resides with the following persons: NAME Jeremy B. Souder Lauren M. Souder Tyson J. Souder Brody S. Souder Darby E. Souder RELATIONSHIP Self Wife Son Son Daughter 6. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the primary custodian of these young children prior to the parties' separation. Plaintiff is best suited to provide a stable and loving home for the children. 3 Defendant has exhibited inappropriate behaviors which Plaintiff believes impairs his abilities to be an appropriate custodian. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal and primary physical custody of the children to the Plaintiff. DATE: April 6 , 2010 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LAUREN M. SOUDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY JEREMY B. SOUDER, Defendant NO. VERIFICATION I, Lauren M. Souder, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: April 6 9 2010 LAUREN B. SOUDER 3 LAUREN M. SOUDER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2010-2268 CIVIL ACTION LAW s. ~, ~? r'' JEREMY B. SOUDER r~ `T' -ri Defendant IN CUSTODY ~ ~ ~~~~~~ ~` ~= ._ ._ ORDER OF COURT ~~ ~ r - ~.. `~ Q,.~ AND NOW, this / day of ~V _ 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. All prior Orders are vacated and replaced with this Order. 2. The Mother, Lauren M. Souder, and the Father, Jeremy B. Souder, shall have shared legal custody of Tyson Souder, born October 8, 2003, Brody Souder, born December 15, 2005, and Darby Souder, born December 4, 2008. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Children. The Father shall have partial physical custody of the Children on alternating weekends from Friday after school through Sunday at 6:00 p.m. and every week from Wednesday after school through Thursday morning, when the Father shall transport the Children to the church parking lot in New Kingstown (or other location selected by agreement) so that the babysitter can take the Children to the Mother's residence in time for the school bus. In the event the babysitter is not able to fit all three booster seats/car seats in her car, the Father shall transport the Children to the Mother's residence before school. 4. The parties shall share having custody of the Children on holidays: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father .shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. Thanks ig ving: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday at 6:00 p.m. through Thanksgiving Day at 2:00 p.m., and Segment B, which shall run from Thanksgiving Day at 2:00 p.m. through Friday at 12:00 noon. In even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from Saturday at 12:00 noon through Easter Sunday at 12:00 noon, and Segment B, which shall run from Easter Sunday at 12:00 noon through Monday at 12:00 noon. In even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. D. Memorial Day/Independence Day (observed)/Labor Day: The period of custody on Memorial Day, Independence Day and Labor Day shall run from 9:00 a.m. until 6:00 p.m. or for Independence Day, following the fireworks. In even numbered years, the Father shall have custody of the Children for Memorial Day and Labor Day and the Mother shall have custody for Independence Day (observed). In odd numbered years, the Mother shall have custody of the Children for Memorial Day and Labor Day and the Father shall have custody for Independence Day (observed). E. Mother's DaylFather's Day: In every year, the Mother shall have custody of the Children for Mother's Day and the Father shall have custody for Father's Day from 9:00 a.m. until 6:00 p.m. F. School Holidays: For any school holidays not listed above, if the Mother is working on the day of the holiday and the Father is not working, the Father shall have custody of the Children, with the specific times for exchange to be arranged by agreement between the parties. The Mother may have custody of the Children on school holidays not listed above if she is not working and is available. The parties acknowledge that the purpose of this provision is to ensure that the Children spend their school holidays with one of the parents, if available, rather than a third party caregiver whenever possible. B. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and vacation custody schedule. 5. Each parent shall be entitled to have up to two nonconsecutive weeks for vacation with the Children each year upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall remove the Children from school for a period of vacation without the advance consent of the other parent. Vacation periods under this provision shall be scheduled to include that party's regular weekend period of custody unless otherwise agreed. In the event either party intends to remove the Children from the local area for a period of vacation custody, that parent shall provide advance notice to the other parent of the address and telephone number where the Children can be contacted. 6. The .parties shall make arrangements for the parties and the Children to participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assess the Children's emotional well-being as they adjust to separate parenting arrangements and provide guidance to the parents accordingly. 'The purpose of the counseling shall also be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent the Children to ensure that their emotional, physical and developmental needs are met. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. The parties shall select the counselor by mutual agreement within one week of the date of the custody conciliation conference. 7. The Father shall refrain from consuming alcohol and shall continue in counseling/therapy pursuant to the recommendations of his counselors. 8. The parties agree that the Children shall be permitted to completer their religious education in their current church, and shall be made available to attend all special events related thereto including, but not limited to, First Communion and Confirmation. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other pazent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. .%~~ BY T ~ OURT, Edward E. Guido J. cc: ~en R. Reinhold, Esquire -Counsel for Father ~~ Barbara Sumple-Sullivan, Esquire -Counsel for Mother ~ ~/~ v ~~ LAUREN M. SOUDER Plaintiff vs. JEREMY B. 50UDER Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-2268 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 Tyson Souder October 8, 2003 Mother Brody Souder December 15, 2005 Mother Darby Souder December 4, 2008 Mother 2. A custody conciliation conference was held on July 28, 2010, with the following individuals in attendance: the Mother, Lauren M. Souder, with her counsel, Barbara Sumple-Sullivan, Esquire, and the Father, Jeremy B. Souder, with his counsel, Kristen R. Reinhold, Esquire. 3. The parties agreed to entry of an Order in the form as attached. a 9. aU~ o Date Dawn S. Sunday, Esquire Custody Conciliator FUD-OF ILF tii < iRV A LAUREN M. SOUDER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-2268 CIVIL JEREMY B. SOUDER, CIVIL ACTION -LAW Defendant CHILD CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 DD?D0'J D y 03 y_S AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acc16n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 LAUREN M. SOUDER, Plaintiff V. JEREMY B. SOUDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-2268 CIVIL CIVIL ACTION -LAW CHILD CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Defendant, Jeremy B. Souder, by and through his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully petitions this Court to modify its previous Custody Order dated August 5, 2010, and in support thereto, avers the following: 1. Defendant is Jeremy B. Souder, hereinafter referred to as "Father", an adult individual residing at 209 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 17050. 2. Plaintiff is Lauren M. Souder, an adult individual residing at 220 Cherokee Drive, Mechanicsburg, Cumberland County, Pennsylvania. 17050. 3. The subject children are Tyson J. Souder, age 7, born October 8, 2003, Brody S. Souder, age 5, born December 15, 2005, and Darby E. Souder, age 2, born December 4, 2008. 4. Pursuant to the terms of a Custody Order dated August 5, 2010, entered by the Honorable Edward E. Guido, Mother exercises primary physical custody of the children while Father exercises partial physical custody of the children on alternating weekends from Friday after school through Sunday at 6:00 p.m. and every week from Wednesday after school through Thursday morning. Additionally, the parties share holidays and legal custody of the children. A copy of the Custody Order dated August 5, 2010, marked Exhibit "A" is attached hereto and incorporated herein. 5. Since the entry of the Custody Order dated August 5, 2010, Father has successfully completed and has been discharged from his personal counseling with Edward J. Horan, MS. A copy of Mr. Horan's discharge letter marked Exhibit "B" is attached hereto and incorporated herein. 6. Since the entry of the Custody Order dated August 5, 2010, Father has successfully completed and has been discharged from the Diakon Family Life Services Drug and Alcohol Program. A copy of Diakon's discharge letter marked Exhibit "C" is attached hereto and incorporated herein. 7. Since the entry of the Custody Order dated August 5, 2010, Father has purchased an approximately 4,000 square foot home with three acres of land in close proximity to Mother's home and within the children's school district. 8. Throughout the pendency of Mother and Father's marriage, Father was equally involved in the care of all three children. 9. Father believes and therefore avers that it is in the best interest of the subject minor children that the parties equally share physical custody of them. 10. Father believes and therefore avers that the subject children will benefit by spending more time in the care and custody of their father. WHEREFORE, Defendant, Jeremy B. Souder, hereby respectfully requests this Honorable Court award him shared physical and legal custody of the subject minor children. Date: t Respectfully submitted, THE LAW OFFI ES OF SILLIKER & R)HOLI 5922 Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Jeremy B. Souder AFFIDAVIT I, trGrn ?? ??er' hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated: LAUREN M. SOUDER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. JEREMY B. SOUDER Defendant 2010-2268 IN CUSTODY ORDER OF COURT CIVIL ACTION LAW AND NOW, this Sik day of 2010, upon consideration of the attached Custody Conciliation Report, it ' ordered and directed as follows: 1. All prior Orders are vacated and replaced with this Order. 2. The Mother, Lauren M. Souder, and the Father, Jeremy B. Souder, shall have shared legal custody of Tyson Souder, born October 8, 2003, Brody Souder, born December 15, 2005, and Darby Souder, born December 4, 2008. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Children. The Father shall have partial physical custody of the Children on alternating weekends from Friday after school through Sunday at 6:00 p.m. and every week from Wednesday after school through Thursday morning, when the Father shall transport the Children to the church parking lot in New Kingstown (or other location selected by agreement) so that the babysitter can take the Children to the Mother's residence in time for the school bus. In the event the babysitter is not able to fit all three booster seats/car seats in her car, the Father shall transport the Children to the Mother's residence before school. EXHIBIT 0 « -% 4. The parties shall share having custody of the Children on holidays: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday at 6:00 p.m. through Thanksgiving Day at 2:00 p.m., and Segment B, which shall run from Thanksgiving Day at 2:00 p.m. through Friday at 12:00 noon. Iii even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from Saturday at 12:00 noon through Easter Sunday at 12:00 noon, and Segment B, which shall run from Easter Sunday at 12:00 noon through Monday at 12:00 noon. In even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. D. Memorial Day/Independence Day (observed)/Labor Dom: The period of custody on Memorial Day, Independence Day and Labor Day shall run from 9:00 a.m. until 6:00 p.m. or for Independence Day, following the fireworks. In even numbered years, the Father shall have custody of the Children for Memorial Day and Labor Day and the Mother shall have custody for Independence Day (observed). In odd numbered years, the Mother shall have custody of the Children for Memorial Day and Labor Day and the Father shall have custody for Independence Day (observed). E. Mother's Dav/Father's Day: In every year, the Mother shall have custody of the Children for Mother's Day and the Father shall have custody for Father's Day from 9:00 a.m. until 6:00 p.m. F. School Holidays: For any school holidays not listed above, if the Mother is working on the day of the holiday and the Father is not working, the Father shall have custody of the Children, with the specific times for exchange to be arranged by agreement between the parties. The Mother may have custody of the Children on school holidays not listed above if she is not working and is available. The parties acknowledge that the purpose of this provision is to ensure that -the Children spend their school holidays with one of the parents, if available, rather than a third party caregiver whenever possible. B. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and vacation custody schedule. 5. Each parent shall be entitled to have up to two nonconsecutive weeks for vacation with the Children each year upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall remove the Children from school for a period of vacation without the advance consent of the other parent. Vacation periods under this provision shall be scheduled to include that party's regular weekend period of custody unless otherwise agreed. In the event either party intends to remove the Children from the local area for a period of vacation custody, that parent shall provide advance notice to the other parent of the address and telephone number where the Children can be contacted. 6. The parties shall make arrangements for the parties and the Children to participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assess the Children's emotional well-being as they adjust to separate parenting arrangements and provide guidance to the parents accordingly. The purpose of the counseling shall also be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent the Children to ensure that their emotional, physical and developmental needs are met. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. The parties shall select the counselor by mutual agreement within one week of the date of the custody conciliation conference. 7. The Father shall refrain from consuming alcohol and shall continue in counseling/therapy pursuant to the recommendations of his counselors. 8. The parties agree that the Children shall be permitted to completer their religious education in their current church, and shall be made available to attend all special events related thereto including, but not limited to, First Communion and Confirmation. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ?gl, 1 Edward E. Guido J. ?? ? cc: Kristen R. Reinhold, Esquire - Counsel for Father Barbara Sumple-Sullivan, Esquire - Counsel for Mother ih?;..:: FROM RECORD In Testimony whe, Hof, I here unto set my hand and theS?efpl of said Coat Carlisle, Pa. This ?S ?de?l of , 20 Prothonotary LAUREN M. SOUDER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. JEREMY B. SOUDER Defendant 2010-2268 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido 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 Tyson Souder October 8, 2003 Mother Brody Souder December 15, 2005 Mother Darby Souder December 4, 2008 Mother 2. A custody conciliation conference was held on July 28, 2010, with the following individuals in attendance: the Mother, Lauren M. Souder, with her counsel, Barbara Sumple-Sullivan, Esquire, and the Father, Jeremy B. Souder, with his counsel, Kristen R. Reinhold, Esquire. 3. The parties agreed to entry of an Order in the form as attached. U Date Dawn S. Sunday, Esquire Custody Conciliator EDWARD J. HORAN, MS LICENSED PROFESSIONAL COUNSELOR INDIVIDUAL AND FAMILY COUNSELING 5006 LENKER STREET MECHANICSBURG, PA 17050 December 2, 2010 To Whom It May Concern: After a course of regular counseling sessions from April 20 to December 2, 2010, 1 am today discharging Jeremy Souder from my care because of the excellent progress he has made. He came here for a total of 16 sessions, at first spaced weekly, but then in July reduced in frequency to biweekly, and then in September to monthly. His goal in therapy was to change how he responds to stress: to learn to live life on its own terms without resorting to substances; to learn and use healthy, adaptive ways of responding to stress, frustration, and unexpected change. Upon reviewing his progress, some significant features stand out: a. He was self-referred. This is not unheard of for men, but it is unusual. b. When he first presented for counseling, he reported having already been abstinent from alcohol and marijuana use for about a month. However, since his history indicated that his use of those substances could be considered abuse (but not to the point of his having developed tolerance (aka 'addiction), and because that abuse was in his recent past, I referred him to Diakon Family Life Services for a Drug and Alcohol evaluation. He agreed without any signs of resistance and made an appointment with Diakon without delay. c. He completed a drug and alcohol evaluation at Diakon Family Life Services, fulfilled its recommendations (outpatient counseling), and was discharged. d. While he was receiving D&A counseling, he also continued his general mental health counseling with the undersigned, and continued coming after his discharge from Diakon. e. He was always on time for his appointments and never missed a session without calling in advance to reschedule. He was never a "no-show." He was fully compliant with all aspects of his treatment. f. He kept his focus on his own areas of responsibility and growth rather than deflecting attention by complaining about or blaming his estranged wife. Overall, he presents as a high-functioning individual who is addresses, rather than runs from life's challenges and problems, and who has excellent problem-solving skills. He enjoys being with EXHIBIT 1 1 -!&7- 1 Souder, 12/2/2010 page 2 his children and wishes he had equal custody of them. His motivation is neither for personal economic gain (lower support payments) nor punitive toward the children's mother. He is motivated by his love for them and by his desire to play a more active role as parent in their day-to-day lives. His love for them is evident in how he speaks about them (i.e. in both content and tone). In terms of his global functioning, he performs well above average. His love of sports, coaching, and personal workouts give him a fund of energy that is more than adequate for meeting his daily responsibilities and unexpected challenges. Not only is he stably employed within his chosen career; he also has held the same position (Gr. 7 Science Teacher), in the same school, in the same district, for 12 years. His recent qualification for a mortgage and his recent purchase of a home large enough for his children to have adequate personal space when they visit is evidence of his underlying responsibility and stability in financial matters. In summary, as a result of the work he has done here, this writer judges Mr. Souder to be a more mature, more responsible adult who saw within himself areas warranting change and growth; who listened to the challenging input/observations of others; and who addressed those things in counseling. He has emerged with a clearer understanding of his needs-needs for which he now has the improved resources and ability to address in ways that are responsible and healthy; and who now is fully capable of meeting the challenges of parenting and of shared custody. Sincerely, i Edward J. Han, MS, LPC DIAKON A LUTHERAN FAMILY & COMMUNITY MINISTRY November 11, 2010 Mr. Jeremy Souder 410 Heisey Road Mechanicsburg, PA 17055 Dear Jeremy; I hope you are doing well! Please accept this letter as verification that as of November 11, 2010 you have been successfully discharged from treatment with Diakon Family Life Services Drug and Alcohol Program. You have successfully completed all established treatment plan goals and have attended all scheduled sessions. Please feel free to contact us if you should need our services in the future. If you have any additional questions or concerns I may be contacted at 795-0330. FAMILY LIFE SERVICES Sincerely, Q Ccia O'Donnell, MS, NCC, LPC, CAC-DP Clinical Director Drug and Alcohol Services Copy in file 960 Century Drive Mechanicsburg, PA 17055 Phone 717.795.0330 PA Toll Free 866.700.6868 Fax 717.795.0407 www.diakon.org EXHIBIT LAUREN M. SOUDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-2268 CIVIL ACTION LAWw G--- ' n - 70 c W JEREMY B. SOUDER IN CUSTODY DEFENDANT C ORDER OF COURT . , AND NOW, _ Wednesday, December 29, 2010 , upon consideration 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, February 08, 2011 at 12:00 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. 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, Esq. /M Custody Conciliator - F, 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 -"L6 1/ 32 South Bedford Street . 2 ¢ Carlisle, Pennsylvania 17013 S Telephone (717) 249-3166 ?d"° V LAUREN M. SOUDER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 2010-2268 JEREMY B. SOUDER, : CIVIL ACTION -LAW Defendant CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this A Z day of LIUAIdE. , 2011, upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Lauren M. Souder, and Kristin Reinhold, Esquire, counsel for Defendant, Jeremy B. Souder, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody are adopted as an Order of Court. The Custody Hearing scheduled for August 4, 2011 at 1:00 p.m. is hereby cancelled. J. A C ev Q 0+ 'Y'1 MW rn-? C_,r , %5 L-Im --P J 3 ?k C