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HomeMy WebLinkAbout01-2051 JEAN SAA SAA, . · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · v. · 2001- ,~o,~1 CIVIL TERM · DAWN M. GOCHENAUR, : AND · MICHAEL A. SOUDERS, · Defendants ' IN CUSTODY CUSTODY STIPULATION AND_ AGREEMENT THIS AGREEMENT AND STIPULATION emered 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 2:5, 1993, (hereinafter referred to as "child"); Adrian Alexander Souders Gochenaur, born May 9, 1994, (hereinafter referred to as "child"); Jesse Eugene Souders Gochena~, 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 relative to the custody and guardianship of the children; and NOW, THEREFORE, in consideration of the mutual covenants promises and agreements as hereinafter set forth, the parties agree as follows: 1. The. parties will share legal custody of the children with the chi~en's aunt, Jean Saa Saa. 2. The aunt, Jean Saa Saa will have primary physical custody of the children. 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 regaling 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 Common Pleas of Cumberland County, ~nd 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 raad and understood the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or tmdue influence. 1N 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: STATE OF Pennsylvania : : SS. COUNTY OF Cumberland : AND NOW, this ~y o~, 2001, before me, the undersigned Officer, personally appeared Dawn M. Gochenaur, known to me (or satisfactorily proven) to be the person whose name is subscr/bed 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. I Je_a.n K.. Bi_ffart, Notary Public I I Fairview Twp.-, York (~ounty- I ! My Commission ~xpires No-v~--2~, 2002] STATE OF Pennsylvania . Member, Pennsylvania Association ot Notaries · COUNTY OF Cumberland : AND NOW, this d~ day of~4~, 2001, before me, the undersigned Officer, personally appeared Michael A. Souders, known to me (or satisfactorily proven) to be the person whose name 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. I Jean K. Biffart, Notary Public I ~ Fairview Twp., York County My Commission Expires Nov. 23, 2002 Member, Pennsylvania Assr~ciation of .",lotaries · ' Saa Sma, joins i accepts its terms. an JEAN SAA SAA DATE:___q - [o'-.C) I STATE OF Pennsylvania : : SS. COUNTY OF Cumberland : AND NOW, this ~'] day of~ ,2001, before me, the undersigned Officer, personally appeared Jean Saa Saa, know to me (or satisfactorily proven) to be the · person whose name is subscribed to the within insmanent, and acknowledged that she 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, 20021 Member, Pennsylvar~,.~/~,:~oc~,:~:~on et Notaries APR 0 9 JEAN SAA SAA, ' IN THE COURT OF COMMON PLEAS OF Plaintiff · ~ CUMBE~AND COUNTY, PENNSYLVAN/A · Vo . · 2001- oe395! CIVIL TERM · DAWN M. GOCHENAUR, .' AND . MIC~L A. SOUDERS, i Defendants · IN CUSTODY ORDER OF COURT AND NOW, this of ,2001, the attached Stipulation and Agreement is hereby made an Order of Court and all prior orders on this matter are hereby vacated. BY JEAN SAA SAA ' IN THE COURT OF COMMON PLEAS OF PLAINTIFF · CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-2051 CIVIL ACTION LAW DAWN M. GOCHENAUR AND MICHAEL A. SOUDERS DEFENDANT ' IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 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 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/ Melissa P. Gree.v. Esa.~r~ Custody Concili'aior 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 JEAN SAA SAA, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA V. ·NO. 2001-205 ! 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: 1. 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 of the 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. · · · 7. Plaintiff's actions are contrary to the letter in spirit of the Stipulation they signed. 8. It is in the best interest of the children that the children be returned to Defendant, Dawn Gochenaur. 9. Plaintiff has 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: ,~/-~~""~//~// .. 'i~': ........ ': '''/' '~' Kenneth ~. Wise, Esquire Id. No. 16142 ' 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (7~ 7) ~38-3838 Attorney For Plaintiff 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 U.S. Mail addressed as follows. Michael Souders 1201 Bridge Street New Cumberland, PA 17070 Jean Saa Saa 109 Meadowbrook Road, Lot 9 New Cumberland, PA 17070 ~'.~ ~ ~,/' ,.- .'" .. · . . ...- ........ ".' '.',,, ' ~i'~j~ ~.. ...... :. ..... /."i'. enneth A. Wise, Esquire Id. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 23 8-3 83 8 Attorney for Defendant VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint are tree 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. § 4904, relating to unswom falsification to authorities. ~~1~'~:~2 2 2002 JEAN SAA SAA, ' IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · VS. · NO. 01-2051 DAWN M. GOCHENAUR AND ' CIVIL ACTION - LAW MICHAEL A. SOUDERS, ' CUSTODY Defendants · cou. AND NOW, this ~~r~ ~__ day of February, 2002, upon consideration of the attached Custody Conc~iatio'n Summary Report, it is hereby ordered and directed as follows: 1. L___ec)ai Custody. The parties, Jean Saa Saa, Dawn M. Gochenaur and Michael A. Souders, sha~l 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. § 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 sham 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 Gmat 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 Sunda at · -' 2002, Father shall have ~artial _ Y 6.0.0 p.m. Effective Februa 10. ,- custody on alternate Sundays ~rom 9:00 a rn until 6'00 pry Father shall provide notice by Th rsday if he is not able to exercise his period of custody for rtl 'U 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. T__ransportation. Transportation incident to Mother and Father's periods of custody shall be provided by the parent having the period of partial custody. 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, 30~ Market Street, Lemoyne, PA ~7043. 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. BY TH _ J, Dist: ,,~Kenneth Wise, Esquire, 126 Locust Street, PO Box 11489, Harrisburg, PA 17108-1489 ~0 ~'P-.,,~ -,,/L'awrence J. Rosen, Esquire, 1101 N. Front Street, Harrisburg, PA 17102 ~ ,/4vlichael A. Souders, 1201 Bridge Street, New Cumberland, PA !7070 ~,~,..,~ ~ .~,~ JEAN SAA SAA, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · · NO. 01-2051 VS. · DAWN M. GOCHENAUR AND · CIVIL ACTION - LAW MICHAELA. SOUDERS, · 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: DAT~ OF BIRTH CURRENTLY IN CUSTODY OF NAM____ E - Jesse Eugene Souders Gochenaur May 9, 1994 Maternal Great-Aunt Adrian Alexander Souders Gochenaur May 9, 1994 Maternal Great-Aunt Samantha Jo Souders Gochenaur May 25, 1993 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. 3. The parties reached an agreement in the form of an Order as attached. ~--- - Melissa Peel Greevy, Esquire Date Custody Conciliator · IN THE COURT OF COMMON PLEAS OF · JEAN SAA, · CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : · NO. 01-2051 CIVIL TERM · · v. · CIVIL ACTION - LAW · DAWN GOCHENAUR AND : IN CUSTODY · MICHAEL A. SOUDERS, i · Defendants : GUIDO, J.--- TEMPORARY ORDER OF COURT AND NOW, this /~~ 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. BY 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 · IN THE COURT OF COMMON PLEAS OF JEAN SAA, i CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : · NO. 01-2051 CIVIL TERM · · v. ~ CIVIL ACTION - LAW DAWN GOCHENAUR AND : · IN CUSTODY MICHAEL A. SOUDERS, · · · Defendants : CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19'15.3-8, 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 CURRi~NTLY IN THE CUSTODY OF Jesse Eugene Souders Gochenaur May 9, 1994 Maternal Aunt, Jean Saa Adrian Alexander Souders Gochenaur May 9, 1994 Maternal Aunt, Jean Saa Samantha Jo Souders Gochenaur May 25, 1993 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 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. - ss ee. reev ,,re Date Custody Conciliator '157018