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HomeMy WebLinkAbout95-04662{? tr 1 :r tI '. x' e Ft K rwUX r ! 4+ v tY ?' ???i ?h?yl {J 7A? f r ` rt rq?? .. z IJ'4 yfl t Mfr at. r r 1 t ?: ? / - 1 t ' rrl7 et 1 ? w ? r 2- tM, CS. 1 V V [I: 0 •' ' ' `4ie Ala)?A`1 TONYA R. GOCBENAUR, Plaintiff V. CARROLL S. EWE•.LL, JR. , Defendant IN 1111'. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95- q-' o & L- CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY TFDIPORARY PROTECTION ORDI7t - 3-`!A day of 1995, upon presentation and AND NOW, this , consideration of the within Petition, and upon finding that the plaintiff, Tonya R. Gochenaur, now residing at 406 1st Street, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Carroll S. Ewell, Jr., the following Temporary Order is entered. The defendant, Carroll S. Ewell, Jr., (SSN: Unknown)(DOB: 2/26/69) now residing at 139 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Tonya R. Gochennur, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 406 Ist Street, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff, and is ordered to stay away from any residence the plaintiff may in the future establish for herself, except for the limited purpose of transferring custody of the parties' child, Shnytra Kinna Ewell. The defendant is ordered to refrain from having tiny direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives. The defendant is enjoined from entering the plaintiff's place of employment, the school of the plaintiff's minor child, l.atashn Renay Gochennur, or the day care facilities of the minor children. The defendant is enjoined from removing, damaging, destroying or selling any property owned by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. §6113; ii) a private criminal complaint under 23 Pa.C.S. 96113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. §6114, punishable by imprisonment up to six months and a fine of $100.00-51,000.00; and iv) civil contempt under 23 Pa.C.S. §6114.1. This order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. Temporary custody of Shaytra Kiana well, is hereby awarded to the plaintiff, Tonya R. Gochenaur. A hearing shall be held on this matter on the day of September, 1995, at ?? .m., in Courtroom No.5L7Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment or fees pending a further order niter the hearing. The Cumberland county sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this order to the defendant by mail. The Carlisle Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall he taken before the appropriate district Justice. (23 P.S. § 6113). By the Court, I, Judge Joan curey Attorney for Plaintiff I,MAI, %IgtVlCl1S, INC. ADO 31 2 s2 ; f; '9S +Ir1NGT,IT,Y Otl4' t;;,, r?nutirY TONYA R. GOCIIENAUR, Plaintiff V. CARROLL S. EWELL, JR., Defendant IN TILE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- CIVIL 'PERM PROTECTION FROM ABUSE AND 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 promptly after this Petition, order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. 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 help. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 11il.F.PIIONE NUMBER: (717) 240-6200 AMERICANS WITH DI SABI LITI I.; ACT 017 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 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. A TONYA R. GOCIIENAUR, Plaintiff v. CARROLL S. EWELL, JR., Defendant IN TIIE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PP TITION FOR PROTECTION ORDER AND CUSTODY RELIEF tMOLR TID: PROTECTION 17ROM ABUSE ACC, 23 P.S. Q 6101 et scq. A. ABUSE. 1. The plaintiff, Tonya, is an adult individual residing at 406 1st Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Carroll S. Ewell, Jr., (SSN: Unknown)(Date of Birth: 2/26/69), is an adult individual residing at 139 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant has had an intimate relationship with the plaintiff and they have a child together, Shaytra Kiann Ewell. 4. Since approximately 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged In a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily Injury. This lilts included, but is not limited to, the following specific instances of abuse: a) On or about August 12, 1995, the defendant pulled the plaintiff by her hair and held his hand over liar mouth so she could riot speak. b) on or about May 27, 1995, the defendant punched the plaintiff repeatedly in the side of her face and head and choked her. The plaintiff sustained bruising and swelling nbout the side of her face and car, soreness about her head, and red marks about her neck as a result of this Incident. c) In or about January, 1995, the defendant punched the plaintiff on the side of her head and face several times. The plaintiff ran to a neighbor's home and telephoned the Carlisle Police Department. d) Since approximately 1993, on several different occasions the defendant has nbused the plaintiff in ways Including, but not limited to, grabbing her by her arms, grabbing her by her hair pulling her hair, throwing things at her such as shoes and boots which have hit her in the chest and body and part of a vacuum cleaner which she dodged to avoid being hit. In addition, the defendant has threatened the plaintiff saying, "I'm going to fuck you up," and "I'm going to hurt you." 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing tier relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment, the school of her minor child, Latasha Renay Gochenaur, or the day care facilities of the minor children. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by her. R EM, USM? POSSESSION 10. The apartment from which the plaintiff is asking the Court to exclude the defendant is rented in the name of Tonya R. Gochenaur, and the defendant has never resided there. C A TTOR NEY FEES It. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, inc. D. TEMPORARY CUSTODY 12. The plaintiff seeks temporary custody of the following child: Age- Name Present Residence Shaytra Kinna Ewell 406 1st Street 9 months old Carlisle, PA DOB: November 5, 1994 The child was born out of wedlock. The child is presently in the custody of the plaintiff, Tonya R. Gochennur, who resides at 406 1st Street, Carlisle, Cumberland County, Pennsylvania. Since her birth the child has resided with the following persons and at the following address: Name Addresses Dates Plaintiff and her 406 1st Street November 11, 1994 daughter, Latasha Carlisle, PA to the present Ronny Gochennur The plaintiff, the mother of the child, is Tonya R. Gochennur, currently residing at 406 tat Street, Carlisle, Cumberland County, Pennsylvania. She is single. The plaintiff currently resides with the following persons: Fiume Relationshia Shaytra Mans Ewell her daughter Latashn Renay Gochennur her daughter The defendant, the fattier of the child, is Carroll S. liwelI, Jr., currently residing at 139 Lincoln Street, Carlisle, Cumberland County, Pennsylvania. lie is single. The defendant currently resides with the following persons: Name Relationshi Helen and Richard White his grandparents Patricia Ewell his mother 13. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other court. 14. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 15. The plaintiff does not know of any person not it party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending it hearing in this matter for rensons including: It. The plaintiff is it responsible parent who can best lake care of the minor child and hits provided for the , child's emotional mid physical needs since her birth. 1). The defendant has shown by his abuse of the plaintiff that he is not an approprinte role model for the minor child. w1IEREPORE, pursuant to the provisions of the "Protection from Abuse Act" of October 71 1976, 23 P.S. 0 6101 et sue., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse; 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements; 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 4. Prohibiting the defendant from entering the plaintiff's place of employment, the school of the her minor child, Latasha Renny Gochenaur, or the day care facilities of the minor children; 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff; 6, ordering the defendant to stay away from the plaintiff's residence located at 406 1st Street, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, and 8. Granting temporary custody of the minor child, Shaytra Kiann Drell, to the plaintiff. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or Indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment, the school of her minor child, Latasha Renny Gochenaur, or the day care facilities of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling properly owned by the plaintiff. G, ordering the defendant to stay away from the plaintiff's residence located at 406 1st Street, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared. 7. ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and order be delivered to the Carlisle Police Department who have jurisdiction to enforce this order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUSTODY UNDER P• S VANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as if fully set forth. 18. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in Paragraph 16 of the petition. Wlll.REFORE, pursuant to 23 P.S. Q 5301 et se q., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, oan Carey / Attorney for Plai iff LIXIAL Slaffl '91 INC. A Irvine Row Catlfsle, PA 17013 (717) 243-9400 The above-named plaintiff, Tonya R. GochenaurI verifies that the statements made in the above petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorl)les. ` A r Date: i O A? ?. b QT M I P 11. r, A.- cr, r V , I `ICJ ?^dl c I iA tit 0 I I TANYA R. GOCIIENAUR, Plaintiff v. CARROLL S. FWI:Li., JR., Defendant IN 771E COURT OF COMMON PLEAS OF CIIMHFRI.AND MUNTY, PFNNSYI.VANIA NO. 4662 CIVIL TERM : CUSTODY ORDER OF CantT AND NOW, this ?l day of Jnnuary, 1996, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before NVkjja-(1- jt. (7t)(07 6'-?9 on they-!tk day of 'C/7owt 1996, at 9.30h.m., on the 4th Floor of the Cumberland County Courthouse/a4m" lawof , Cumherlnnd County, Pennsylvania, for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he 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. Fort Court, Cus aly Conciliator YOU SIKxH.D TAKE TUTS PAPER To YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TFUMIONE THE OFFICE, SFr FORTH BELOW TO FIND OUT WIRiRE YOI) CAN GET IMAL IIIsLP. COURT ADMINISTRATOR, 4TH FIOOR CUMBERLAND COLWY COURVOUSE CARLISLE, PFNNSYLVANIA 17013 TELEPHONE: (717) 240-6200 AMFRICANS WI'Ill DISAHILITIFR ACr OF 1990 The Court of Conm1on Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about nccessibie facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made tit least 72 hours prior to tiny hearing or business before the court. nLCD-G F;cr: OF 11,E 7`rPig 2:23 9L?? //.5( `1??fe ma dw - TONYA R. GOCHENAUR, Plaintiff V. CARROLL S. EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-4662 CIVIL TERM PROTECTION FROM ABUSE & CUSTODY IN RE: PROTECTION FORI4 ABUSE & CUSTODY ORDER OF COURT AND NOW, this 20th day of November, 1995, upon consideration of Plaintiff's Petition for Protection Order and Custody, and the protection aspect of this petition having been resolved through a consent agreement and protection order of even date herewith, the Plaintiff is directed to submit the custody issues to the custody conciliator. Pending further order of Court, Plaintiff shall have primary physical custody of the child of the parties', and the Defendant shall have temporary partial custody at such times as the parties mutually agree. Either party may petition the Court for special custody relief prior to the conciliation conference if he or she feels the matter is urgent. /Joan Carey, Esquire V/ Legal Services, Inc. Counsel for Plaintiff selr By the Court, J Wesley 0 , Jr., J. Carroll S. Ewell, Jr., Pro Se 139 Lit,coln Street Carlisle, PA 17013 CCP TRUE Cr-ty f:j;()M RECORD In Tovtlm(M ?*' "" ' 1 i:e; a unto sot my hand and the n . ,rt at CMISle, Pa. 01 2L Proth°^otmY TONYA R. GOCIIFNAUR, Plaintiff V. CARROLL S. EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMIIERLAND COUNTY, PENNSYLVANIA NO. 95- p?py CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION OROFR AND CUSTODY RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P.S. 9 6101 at seq. A. ABUSF. 1. The plaintiff, Tonya, is an adult Individual residing at 406 1st Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Carroll S. Ewell, Jr., (SSN: Unknown) (Date of Birth: 2/26/69), is an adult Individual residing at 139 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The defendant has had an intimate relationship with the plaintiff and they have a child together, Shaytra Kiana Ewell. 4. Since approximately 1993, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a) On or about August 12, 1995, the defendant pulled the plaintiff by tier hair and held his hand over her mouth so she could not speak. ?0(-L 5 C?L( b) On or about May 27, 1995, the defendant punched the plaintiff repeatedly in the side of her face and head and choked her. The plaintiff sustained bruising and swelling about the side of her face and ear, soreness about her head, and red marks about her neck as a result of this incident. c) In or about January, 1995, the defendant punched the plaintiff on the side of her head and face several times. The plaintiff ran to a neighbor's home and telephoned the Carlisle Police Department. d) Since approximately 1993, on several different occasions the defendant has abused the plaintiff in ways including, but not limited to, grabbing her by her arms, grabbing her by her hair pulling her hair, throwing things at her such as shoes and boots which have hit her in the chest and body and part of a vacuum cleaner which she dodged to avoid being hit. In addition, the defendant has threatened the plaintiff saying, "I'm going to fuck you up," and "I'm going to hurt you." 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing her relatives. 8. The plaintiff desires that the defendant be restrained from entering her place of employment, the school of her minor child, Latasha Renay Gochenaur, or the day care facilities of the minor children. 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned by her. B. EXCLUSIVE POSSESSION 10. The apartment from which the plaintiff Is asking the Court to exclude the defendant is rented in the name of Tonya R. Gochenaur, and the defendant has never resided there. C. ATTORNEY PEES 11. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. D. TEMPORARY CUSTODY 12. The plaintiff seeks temporary custody of the following child: Name Present Residence age Shaytra Kiana Ewell 406 1st Street 9 months old Carlisle, PA DOB: November 5, 1994 The child was born out of wedlock. The child is presently in the custody of the plaintiff, Tonya R. Gochenaur, who resides at 406 ist Street, Carlisle, Cumberland County, Pennsylvania. since her birth the child has resided with the following persons and at the following address: Name Addresses L)atea Plaintiff and her 406 1st Street November 11, 1994 daughter, Latasha Carlisle, PA to the present Renay Gochenaur I The plaintiff, the mother of the child, is Tonya R. Gochenaur, currently residing at 406 1st Street, Carlisle, Cumberland County, Pennsylvania. She is single. The plaintiff currently resides with the following persons: Name Relationshi Shaytra Kiana Ewell her daughter Latasha Renay Gochenaur her daughter The defendant, the father of the child, is Carroll S. Ewell, Jr., currently residing at 139 Lincoln Street, Carlisle, Cumberland County, Pennsylvania. He is single. The defendant currently resides with the following persons: Nine Relationshia Helen and Richard White his grandparents Patricia Ewell his mother 13. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 14. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 15. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can best take care of the minor child and has provided for the child's emotional and physical needs since her birth. . b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 70 1976, 23 P.S. § 6101 It seq., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's i relatives; 4. Prohibiting the defendant from entering the plaintiff's place of employment, the school of the her minor child, Latasha Renay Gochenaur, or the day care facilities of the minor children; 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff; 6. ordering the defendant to stay away from the plaintiff's residence located at 406 Ist Street, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself, and 8. Granting temporary custody of the minor child, Shaytra Kiana Ewell, to the plaintiff. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year,: 1. Ordering the defendant to refrain from abusing the plaintiff and/or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or Indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Prohibiting the defendant from entering the plaintiff's place of employment, the school of her minor child, Latasha Renay Gochenaur, or the day care facilities of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property owned by the plaintiff. 6. Ordering the defendant to stay away from the plaintiff's residence located at 406 1st Street, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 8. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and order be delivered to the Carlisle Police Department who have jurisdiction to enforce this order. The plaintiff prays for such other relief as may be just and proper. COUNr II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 17. The allegations of Count I above are incorporated herein as if fully set forth. 18. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in Paragraph 16 of the Petition. WHEREFORE, pursuant to 23 P.S. 9 5301 et seq., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor i child to her. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ban Carey Attorney for Plai iff LEGAL SERVICES, INC. 8 Irvine Row I Carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, Tonya R. Oochenaur, verifies that the statements made in the above Petition are true and correct. The plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to au1.113ochenaur, Date: Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 1995-04662 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOCHENAUR TONYA R VS. EWELL CARROLL S JR TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon EWELL CARROLL S JR the defendant, at 1000:00 HOURS, on the 1st day of September 1995 at FLYING J TRUCK STOP HARRISBURG PIKE CARLISLE. PA 17013 CUMBERLAND County, Pennsylvania, by handing to CARROLL $. EWELL JR, a true and attested copy of the PROTECTION FROM ABUSE together with TEMPORARY PROTECTION ORDER NOTICE AND PETITI,QN and at the some time directing is attention to the contents thereof. Sheriff's Costs: So onewers: Docketing 18.00 :?. •r Service 2.80 ?'' ••_?'r?. Affidavit .00 Surcharge 100 R. -a-KT-1 ne, SherTfr 00/00/0000 q , by ^G ?I3 P,M-Sh? i II-`- Sworn and subscribed,to before me this ?)ss'C-JL_ day of ?j e= _ 19 ?s' A. D. "1Tro ono ary i?3A'T.S?tk4rriti:.`:t'vt xua 'F+rv.::a •.,..•.•'-'?.. f +1 IN 1111.1 C0t1RT OF COMMON PLEAS 01" TONYA R. GOCIIENAUR , plaint if r CUMIIERLAND ('01 'Y, PIJJNSYLVANIA V. NO. 95-4662 CIVIL TERM CARROLL 5. F,WE1.111 JR. , pR0'I'I:("PION FR (M1 A11041" AND CIIS'IODY Defendant ORD =a 'oiL 1'1.bOW"' this a ? tiny of September, 1995, ulxttt considerntion of the AND NOW9 attached Motion for Continuance, the matter scheduled fill, hearing on Thursday, September 7, 1995, at 8:30 a.m., by this Court's Order of August 31, 19951 is hereby reschedule(] for hearing on etid t _, c c olagl? 1, L'1<, 111?1,11i!41?1•?t1 courtroom No, 5. Order shill) remain it, effect for it Peri(xl of one The Temporary Protection year or until modified or terminated by the court after notice or hearing. A certified copy of this order for Continuance will be provided to the Carlisle Police Department by the Plaintiff's attOrnev. Ily the, Court, J Wesley Jr. to ' OlUrl Philip V. DrignnU Joan Carey Jane Muller-Peterson Attorneys for Plaintiff LEOA1. SE1VIC148, INC. Carroll S. Iiwell, .I t'• Defendant 1 t.,r TONYA R. GOCIIENAUR, Plaintiff V. CARROLL S. FWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4662 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY MOTION FOR O(WINUANCE The plaintiff moves the court for an order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on August 31, 1995, scheduling a hearing for Thursday, September 7, 1995, at 8:30 a.m. 2. The Cumberland County sheriff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection order on August 31, 1995, at his place of employment. 3. The defendant indicated to Legal Services, Inc. on September 5, 1995, that he desired legal representation in this matter. 4. The plaintiff requests that a hearing he rescheduled in this matter. 5. The plaintiff requests that the Tempornry Protection order remain in effect for a period of one year or until modified or terminated by the court after notice or hearing. 6. A certified copy of the Order for Continuance will be delivered to the Carlisle Police Department by the attorney for the plaintiff. WIiEREi-mr, the plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection Order remain in effect for it Period of one year or until further Order of Court. Respeclfuily submitted, ?/) 1 .,?Iln Carey, Attorney or Plaintiff ?, ?, -? . _• , ,; ?. ?',- ?> _ . ;: d ,,, ?, -? TONYA R. GOCHENplaintiff V. CARROLL S. EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4662 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PROTECTION ORDER AND NOW, this 2 n(? day of November, 1995, upon consideration of the consent Agreement of the parties, the following Order is stalking the p a entered: defendant, Carroll S. Ewell, Jr., is enjoined from 1. The physically abusing the plaintiff, Tonya R. Gochenaur, and/or from placing her in fear of abuse. 2. The defendant is ordered to refrain from harassing and 1 intiff and from harassing the plaintiff's relatives. damaging, 3, The defendant is prohibited from removing, selling any property owned by the plaintiff. destroying or 4. This order shall remain in effect for a period of one (1) year and can be extended beyond that time if the Court finds inaa the defendant has committed an act of abuse or has engaged plaintiff. pattern or practice that indicates risk of harm to the pa This order shall be enforceable in the same manner as the Court's prior Temporary Protection order entered in this case. 5, This order may subject the defendant to: i) arrest under 23 Pa. C.S. §6113; ii) a private criminal complaint under 23 Pa. C.S. §6113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. §6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa. C.S. By the Court, $6114.1. 6. The Carlise Police Department shall be provided with a certified copy of this order by the plaintiff's attorney and may enforce this order by arrest for indirect criminal contempt without warrant upon probable cause that this order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. S 6113). J. Wesley o1E(r,,Jr:, udge Joan Attorneysyfor Plaintiff- L'D?d ?y!???• ' 17 LEGAL SERVICES# INC. . y Carroll S. Ewell, Jr. _ ,?,y_? ?r7(j,(p (cr/ Af.??id Pro Se ...... TONYA R. GOCHENAUR, Plaintiff V. CARROLL S. EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4662 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CONSENT AGREEMENT ?fv This Agreement is entered on this --16 day of November, 1995, by the plaintiff, Tonya R. Gochenaur, and the defendant, Carroll S. Ewell, Jr. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an order of Court. 1. The defendant, Carroll S. Ewell, Jr., agrees to refrain from abusing the plaintiff, Tonya R. Gochenaur, and/or placing her in fear of abuse. 2. The defendant agrees not to harass and stalk the i plaintiff and not to harass the plaintiff's relatives. 3. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff. 4. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 5. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. The defendant understands that this order will be enforceable in the same manner as the Court's prior Temporary Protection order entered in this case. 6. Violation of the Protection order may subject the defendant to: i) arrest under 23 Pa.C.S. 56113; ii),a private criminal complaint under 23 Pa.C.S. 56113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. 56114, punishable by imprisonment up to six months and a fine of $10.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 56114.1. 7.'- The defendant and the plaintiff agree to the entry of an Order provi ng for the following custody schedule for their child, Shaytra Kiana E 11. a) The other will have primary physical and legal custody of t e child. b) The fathe will have visitation with the child at the home of the fendant's grandparents, Richard and Helen White, on date and at times mutually agreed upon by the parties. c) The father will not us or possess illegal drugs or alcohol when the child is in s custody. d) The father agrees that he w 1 notify the mother of all medical care the child receives while in his care. Each parent will notify the other immed tely of medical emergencies which arise while the child is in that parent's care. The parties realize that their child's well being is paramo t to any differences they might have between themselves, herefore, they agree that neither party will do anything "Oh h may estrange the child from the other parent, or injure-th opi<of child as to the other parent or which may ham and natural development of the child's love or the other parent. WHEREFORE, the parties request that Protection and Custody orders be entered to reflect the above terms(.1 t 7Gochenaur, P 0 Nw j nya Plaintiff Carroll . Ewel , Jr., Defendant ?n Carey Attorney for P intiff LEGAL BERVICEB, INC. e Irvine Row Carlisle, PA 17013 (717) 243-9400 TONYA R. 40CHENAUR, s IN THE COURT OF COMMON PLEAS A Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI s s 95-4662 CIVIL TERM V. s CARROLL S. EWELL, JR., s Defendant s PROTECTION FROM ABUSE & CUSTODY IN RE: PROTECTION FORM ABUSE & CUSTODY ORDER OF COURT AND NOW, this 20th day of November, 19951 upon consideration of Plaintiff's petition for Protection Order and Custody, and the protection aspect of this petition having been resolved through a consent agreement and protection order of even date herewith, the Plaintiff is directed to submit the custody issues to the custody conciliator. Pending further order of Court, plaintiff shall have primary physical custody of the child of the parties', and the Defendant shall have temporary partial custody at such times as the parties mutually agree. Either party may petition the court for special Sbr auetody relief prior to the conciliation conference if h®., she mrrl^r t J) r, tIl feels the matter is urgent. ^ s Wit" io Z Y l By the Court, Y vJ O J Wesley O , r., Joan Carey, EOVInc. eve L? Legal Services, Counsel for Plaintiff M s slr Carroll S. Ewell, Jr., Pro Be 139 Lincoln Street Carlisle, PA 17013 CCP rrr? (17 199u TANYA R. GOCHENAUR, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA /99S v :NO. 4662 - CIVIL - 3-996 CARROLL S. EWELL, JR., Defendant :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this l t? day of PelaJOIJ , 1996, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tanya R. Gochenaur, shall have legal and physical custody of Shaytra Keana Ewell, born November 5, 1994, and Carroll S. Ewell, III, born November 26, 1995. 2. The Father, Carroll S. Ewell, Jr., shall enjoy visitation with the minor children at such times and under such circumstances as agreed to by the Mother. 3. In the event the Father is dissatisfied with the visitation afforded by the Mother, the Father may petition the Court at any time to have the case again scheduled with the Custody Conciliator. 4. Counsel for the Mother shall serve the Father with a copy of this order and the attached Custody Conciliation Report, by regular and certified mail. cc: Legal Services O.? A(f a.w. BY THE COURT, TANYA R. GOCFHXAUR, Plaintiff v CARROLL S. EWELL, JR., Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 4662 - CIVIL - 1996 :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE J. WESLEY OLER, JR. CONCILIATION CONFERENCE SER-MRY REPORT IN ACCORDAWCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the child who is the subject of this litigation is as follows: Shaytra Kiana Ewell, born November 5, 1994, and Carroll S. Ewell, III, born November 26, 1995. 2. A Conciliation Conference was held February 2, 1996, with the following individuals in attendance: The Mother, Tonya R. Gochenaur, with her counsel, Philip Briganti, Esquire. 3. The Father did not appear at the Conciliation Conference. Notice was given pursuant to the Court Order previously issued in this matter. Mother currently has custody of the two minor children. 4. The Conciliator recommends an Order in the form as attached. DAVE TONYA R. GOCHENAUR, Plaintiff V. CARROLL S. EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-4662 CIVIL TERM ORDER OF COURT AND NOW, this 15t( day of September, 1995, it is hereby ORDERED and DIRECTED that the hearing previously scheduled in this matter for October 3, 1995, is RESCHEDULED to Tuesday, October 10, 1995, at 8:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. The Temporary Protection order shall remain in effect for a period of one year or until modified to terminated by the court after notice or hearing. A certified copy of this order will be provided to the Carlisle Police Department by the Plaintiff's attorney. BY THE COURT, I i J. s ley Ole r., . i i Joan Carey, Esq. Legal Services, Inc. 6 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff 4s. -, Carroll S. Ewell, Jr. a' - c/o Carroll S. Ewell, Sr. 139 Lincoln Street Carlisle, PA 17013 Defendant :rc ! TONYA R. GOCHENAUR, Plaintiff V. CARROLL S. EWELL, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-4662 CIVIL TERM ORDER OF COURT AND NOW, this J ? day of October, 1995, due to a conflict with the court's schedule, it is hereby ORDERED and DIRECTED that the hearing previously scheduled in this matter for October 10, 1995, is RESCHEDULED to Monday, November 20, 1995, at 1:30 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. The Temporary Protection order shall remain in effect for a period of one year or until modified to terminated by the court after notice or hearing. A certified copy of this order will be provided to the Carlisle Police Department by the Plaintiff's attorney. BY THE COURT, L -Arr J. esley Oler. ., Joan Carey, Esq. Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff Carroll S. Ewell, Jr. c/o Carroll S. Ewell, Sr. 139 Lincoln Street Carlisle, PA 17013 Defendant :rc OCT 'I 10 24 bH '9S .SY TONYA R. GOCHENAUR PLAINTIFF V. CARROLLSDEFENDANT IN •1'I IE COURT OF COMMON PLEAS Of : CUMIIIiItl.AND COUNTY, PENNSYLVANIA . 95A662 CIVIL AC'T'ION LAW . IN CUS'T'ODY ORDER OF COURT AND NOW, Wednesday. May of 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator. at 41h Floor Cumberland County Courthouse, Carlisle on Thursday May 16, 2002 at 8:30 A61 for a Pre-licaring 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 (tearing. FOR THE COURT, ?v Hy: lsl Hrthert X GiLY- D Custody Conciliator The Court of Common Pleas of Cumberland County is required by late 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 lead 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SIIOULD TAKE TI IIS PAPER TO YOUR A'ITORNEY AT ONCE. IF YOU DO NO•I HAVE AN A'I'fORNEY Olt CANNOT AFFORD ON F, GO TO Olt TE.LEPI IONE TIIE OFFICE SET FOR'f11 BELOW TO FIND OUI• WIIERI, YOU CAN GET LEGAL 1111.1'. Cumberland County liar Association /er1? 2 Liberty Avenue Carlisle, Pennsylvania 17013 'T'elephone (717) 249-3166 Cl;h;t .il 1 APR 2 2 2001 rn TONYA R. GOCHENAUR, Plaintiff/Respondent V. CARROLL S. EWELL, JR., Defendant/Petitioner AND NOW, this day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 9SA662 CIVIL TERM :CIVIL ACTION -CUSTODY ORDER OF COURT' , 2002, 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 , 2002, at m., 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. 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 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 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. U. v, TONYA R. GOCHENAUR, Plaintiff/Respondent V. CARROLL S. EWELL, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 954662 CIVIL TERM :CIVIL ACTION - CUSTODY C) C: C ,.. PETITION TO MODIFY CUSTODY ORDER vi 1. The petition of Carroll S. Ewell, Jr., by his attorneys, the Family Law Clinispeetfully ` represents that on February 8, 1996 an Order of Court was entered for the custody ofAayfrd Keana Ewell, bom November 5, 1994, and Carroll S. Ewell, 111, born November 26, 1995, a true and correct copy of which is attached. Under the existing Order, Mother has legal and physical custody of the children. Father has visitation of the children at such times and under such circumstances as agreed to by the Mother. 2. This order should be modified because: a. Father would like shared legal and partial physical custody of the minor children. b. Father would like to share in the making of medical and educational decisions for the minor children. c. The parties have made arrangements for Father to have partial custody on alternating weekends, however, Mother has denied Father visitation on occasion and has threatened denial of future visitation with the children. d. Father would like to spend more time with his children to further develop his parental relationship with them, and he would like to spend holidays and birthdays with them. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and Date: 1q DZ Megan Malone Certified Legal Intem eb" -4&- Thom I. ace Robert Rains Lucy Johnston-Walsh Supervising Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 grant Father shared legal and partial physical custody of the minor children because it would be in the best interest of the children. VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.. § 4904 relating to unswom falsifications to authorities. Date:- --- e, Ux IM L4 Y? Carroll 91. Ewell, Jr. rrr• ...f 0 7 i:-na TGWYA R. GOCHENAUR, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA /99S v :NO. 4662 - CIVIL - 3993 CARROLL S. SWELL, JR., Defendant :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this b t? day of lFelalia % , 1996, upon consideration of the attached Custody Conciliat o Report, it is ordered and directed as follows: 1. The Mother, Tanya R. Gochenaur, shall have legal and physical custody of Shaytra Keana Ewell, born November 5, 1994, and Carroll S. Ewell, III, born November 26, 1995. 2. The Father, Carroll S. Ewell, Jr., shall enjoy visitation with the minor children at such times and under such circumstances as agreed to by the Mother. 3. In the event the Father is dissatisfied with the visitation afforded by the Mother, the Father may petition the Court at any time to have the case again scheduled with the Custody Conciliator. 4. Counsel for the Mother shall serve the Father with a copy of this order and the attached Custody Conciliation Report, by regular and certified mail. BY THE COURT, cc: Legal Services _ 0,VA" ,s If ? I1 V^? ? ? 1 TANYA R. GOCFNNAUR, Plaintiff v CARROLL S. EWELL, JR., Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 4662 - CIVIL - 1996 :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE J. WESLEY OLER, JR. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the child who is the subject of this litigation is as follows: Shaytra Kiana Ewell, born November 5, 1994, and Carroll S. Ewell. III, born November 26, 1995. 2. A Conciliation Conference was held February 2, 1996, with the following individuals in attendance: The Mother, Tonya R. Gochenaur, with her counsel, Philip, Briganti, Esquire. 3. The Father did not appear at the Conciliation Conference. Notice was given pursuant to the Court Order previously issued in this matter. Mother currently has custody of the two minor children. 4. The Conciliator recommends an Order in the form as attached. DA E Hubert X. Gilroy Custody Concilia TONYA R. OOCHENAUR, Plaintiff V. CARROLL S. EWELL, JR., Defendant s IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA t t 95-4662 CIVIL TERM s t s PROTECTION FROM ABUSE & CUSTODY IN RE: PROTECTION FORM ABUSE & CUSTODY ORDER OF COURT AND NOW, this 20th day of November, 1995, upon consideration of Plaintiff's Petition for Protection Order and Custody, and the protection aspect of this petition having been resolved through a consent agreement and protection order of even date herewith, the Plaintiff is directed to submit the custody issues to the custody conciliator. Pending further order of Court, Plaintiff shall have primary physical custody of the child of the parties', and the Defendant shall have temporary partial custody at such times as the parties mutually agree. Either party may petition the Court for special custody relief prior to the conciliation conference if he`br she bL,YT m' rn feels the matter is urgent. By the Court, ?i Jr., J ealey O XLrf, Joan Carey, Enquire ?AL Legal Services, Inc. Counsel for Plaintiff 1 telr Carroll S. Ewell, Jr., Pro Se 139 Lincoln Street Carlisle, PA 17013 CCP RECEIPT FOR PAYMENT aanoaccnnca-?nancan CumberlarlislentP Pr17013otary's Office Case Number 2001-99999 PD COPIES (VS) -' Received of PD COPIES Total Check... + .00 Total Cash.... + 1.00 Change........ Receipt total. a 1.00 Receipt Date 4/00/2002 Receipt Time 7:19:53 Receipt No. 123765 ---------- ------------------------ Distribution Of Payment -------------- Transaction Description Payment Amount COPIES 1.00 CUMBERLAND CO GENERAL FUND 1.00 CERTIFICATE OF SERVICE I, Megan Malone, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 19" day April, 2002: Tonya R. Gochenaur 10 B Countryside Dr. Boiling Springs PA 17007 MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 /ow 0 Date: u 4 Megm alone Certified Legal Intem FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Y APR 2 2 2002',,6 TONYA S. GOCHENAUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Rcspondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY CARROLL S. EWELL, JR., Defendant/Petitioner :NO. 95-4662 CIVILTERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Carroll S. Ewell, Jr., (Defendant), to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma paupcds, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date g2 %/c'002 ,?? e/2YZ / Meg alone Certified Legal Intern -&) THOM S PLACE ROBE P E. RAINS LUCYJOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 7• O? Y 14 ?' ?i11 C1 G: Il- U U V TONYA (;OCIIENAUR, Plaintiff v CARROLL S. I,WELL,,IR., Defendant MqY 2 3 2002 : IN TIIF. COURT OF COMMON PLEAS OF CUMIIFRLANI)COUNTY, I'FNNSYLVANIA : CIVIL ACTION - LAW NO.95-4662 CIVIL IN CUSTODY COURT 0-111)"", NOW. this 2` iL day of May, 2002' upon consideration of the attached custody ordered and directed that th13 court's prior order of February S, Conciliation Report, it is order is put into 1996 is vacated and the following new effect 1, The Mother, TonYa ShAylydKen a a Ewell, born 11Na ember 15,,1994; I the enjoy shared legal custody O and Carroll S. Ewell, III, born November 26,1995. 2, Shared legal custody contemplates that hot receive all information from school officials dealing with the minor children, this right parent needs to sign any authorizations information concerning the minor children. 3. h parties shall enjoy the right to and medical personnel who or(! to be enforced such that neither for the other parent to receive The Mother shall enjoy primary physical custody of the minor children. physical custody with the minor ends from Friday when the A. unllltMaro,ti v morning when the Father shall return tl a children oto school. 13. on tile prior to o until 10U rmd when Father does not have custody from after C. At such other times as agreed upon by the parties. 5. Holidays pursuant to a schedule that the parties have put intplace custody the past few years. 4, The Father shall enjoy periods of temporary children as follows: is •? ? ? ?..;1';'dlY MENI 6, Both parents shall enjoy reasonable telephone contact with the minor children when they are In the custody of the other parent. 7. Neither parent shall Indicate to the children any disparaging remarks concerning the other parent. BV THE. COURT, 1 ///Ca 6)- J. 1!, cslcy Olcr . . cc: Megan Malone Dickinson School of Law Family Law Clinic Tonyo R. Gochenour L,, Cc 4 „„1; lc.t 19 0,? 10 East Countryside Drive Boiling Springs, PA 17007, Robert L. O'Brien, Esquire TONVA GOCIIENAUR, Plaintiff CARROLL S. EWELL,.IR., Defendant Prior.ludge:.1. Wesley Oler,.lr. IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.95-4662 CIVIL. IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE, WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(1)), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Shaytra Kenna Ewell, horn November 5, 1994; and Carroll S. Ewell, 111, born November 26, 1995. 2. A Conciliation Conference was held on May 16, 2002, with the following individuals in attendance: The Mother, Tonya It. Gochenaur, who appeared without counsel; and the Father, Carroll S. Ewell, Jr., with his student attorney, Megan Malone, of the Dickinson School of Law Family Law Clinic. 3. After meeting with the conciliator, the parties agreed to the entry of an order in the form as attached. ar 0a a 4 )J) DATE, Ilubert X. Gilroy, E: uire Custody Conciliate Tonya R. Gochenaur, : IN THE COURT OF COMMON PLEAS OF Plaintiff'Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Carroll Sidney Ewell, Jr., Defendant/Petitioner : NO. 954662 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER AND NOW comes Carroll Sidney Ewell, Jr., by and through his attorneys, the Family Law Clinic, and presents the following in support of his Petition to Modify Custody Order: 1. On May 24, 2002, an Order of Court was entered for custody of Shaytra Kiana Ewell, born November 5, 1994, and Carroll Sidney Ewell, III, born November 26, 1995, a true and correct copy of which is attached. 2. Under the existing Order, Mother has primary physical custody of the children. Father has periods of temporary physical custody of the children on alternating weekends from Friday when the children finish school until Monday morning when Father shall return the children to school. On the Thursday prior to the weekend when Father does not have custody of the children he shall have custody from after school until 9:00 P.M., and at such other times as agreed upon by the parries. Holidays are handled pursuant to a schedule that the parties put into place themselves. 3. This Order should be modified because: a. Father would like to spend more time with his children to further develop his parental relationship with them. b. The parties have been acting under a modified schedule for both children. c. The child Shaytra Kiana Ewell has expressed her desire to Father that the custody order be modified so that she will live primarily with Father. d. The child Carroll Sidney Ewell, III has expressed his desire that the current modified schedule be made an order of court to reflect Father's current periods of custody. 4. Mother is unrepresented, therefore no concurrence of counsel is required under Local Rule 208.2(d). 5. Judge Oler previously ruled on this matter. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Father primary physical custody of Shaytra Kiana Ewell, and temporary physical custody of Carroll Sidney Ewell, III every other weekend, every Tuesday when the child is off school until Wednesday morning when Father shall return the child to school, and the Thursday prior to the weekend Father does not have custody when the child is off school until Friday morning when Father shall return the child to school. This modification will be in the best interests of the children. Date: Rebecca FauFa er Certified Legal Intern &!:; g z ? ??, -a MEG RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Dater l.. 0... 1 (L ' ' Carroll Si ey E Well, Jr. CERTIFICATE OF SERVICE I, Rebecca Faulkner, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on Tonya Gochenaur, by depositing a copy of the same in the United States mail, first class, addressed to 10 East Countryside Drive, Carlisle, PA, 17013, postage prepaid, this 2nd day of March 2008. Rebecca Faulkner Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 MAY 2) 3 2002 TONYA GOCHENAUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW CARROLL S. EWELL, JR., : NO. 95 - 4662 CIVIL Defendant : IN CUSTODY COURT ORDER a? AND NOW, this a? ? day of May, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior order of February 8, 1996 is vacated and the following new order is put into effect: 1. The Mother, Tonya R. Gochenaur, and the Father, Carroll S. Ewell, Jr., shall enjoy shared legal custody of Shaytra Keana Ewell, born November 5, 1994; and Carroll S. Ewell, III, born November 26,1995. 2. Shared legal custody contemplates that both parties shall enjoy the right to receive all information from school officials and medical personnel who are dealing with the minor children, this right to be enforced such that neither parent needs to sign any authorizations for the other parent to receive information concerning the minor children. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. On alternating weekends from Friday when the children are off school until Monday morning when the Father shall return the children to school. B. On the Thursday prior to the weekend when Father does not have custody from after school until 9:00 p.m. C. . At such other times as agreed upon by the parties. 5. Holidays shall continue to be handled with the parties splitting custody on the holidays pursuant to a schedule that the parties have put in place over the past few years. 6. Both parents shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. 7. Neither parent shall indicate to the children any disparaging remarks concerning the other parent. BY THE COURT, s L-1 J. J. es ey Oler, J . r cc: Megan Malone Dickinson School of Law Family Law Clinic Tonya R. Gochenaur 10 East Countryside Drive Boiling Springs, PA 17007 Robert L. O'Brien, Esquire TRUE pr4nu RECORD In T&,?A QQ?fi?{ .. -.. w. Unto 3d ice to ...try ? .' :• :?,? ..... ti£ L+wn't ?y? a 5r. iarr?tl??ac?d TONYA GOCHENAUR, Plaintiff v CARROLL S. EWELL, JR., Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95 - 4662 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody. Conciliator submits the following report; 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Shaytra Keana Ewell, born November 5, 1994; and Carroll S. Ewell, III, born November 26, 1995. 2. A Conciliation Conference was held on May 16, 2002, with the following individuals in attendance: The Mother, Tonya R. Gochenaur, who appeared without counsel; and the Father, Carroll S. Ewell, Jr., with his student attorney, Megan Malone, of the Dickinson School of Law Family Law Clinic. 3. After meeting with the conciliator, the parties agreed to the entry of an order in the form as attached. s-O? 00 ? DATE Hubert X. Gilroy, Custody Conciliat Tonya R. Gochenaur, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Carroll Sidney Ewell, Jr. Defendant/Petitioner NO. 95-4662 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Carroll Sidney Ewell, Jr., Petitioner, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, --'? Date 006 T Rebecca Fa er Certified Legal Intern -A?/7 &.. - MEG RI SMEYER 61 Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 TONYA R. GOCHENAUR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1995-4662 CIVIL ACTION LAW CARROLL SIDNEY EWELL, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on ___Friday, May 16, 2008 at 9:30 AM 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/ Hubert X. Gilro Es q. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'WOW ? jwt, law ;h lrld" ?? Ao Tonya R. Gochenaur, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Carroll Sidney Ewell, Jr., Defendant NO. 095-4662 CIVIL TERM CERTIFICATE OF SERVICE I, Rebecca Faulkner, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of a Court Order scheduling a Pre-Hearing Custody Conference on Tonya Gochenaur, residing at, 10 East Countryside Drive, Boiling Springs, PA 17007 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Tonya Gochenaur, on the the 25th day of April 2008 as evidenced by the attached green card. Rebecca Faullger Certified Legal Intern Megaki Riesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplec4 or on the front if space permits. 1. Article Addressed to: I 0 ? a?? Wr~>n,??5t? r?2.u?t 1 c)6 A. Lt. - tiecelved bqk( Printed Name) t '7 C. Datd Rf Deli ry ?L> •r D. Is delivery address different from 4I If YES, enter delivery address bel • - do 3. Service Type (-Certified Mail ? Express Mail ? Registered I-P Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) I Yes 2. Article 7005 0390 0000 2630 6963 (trans! -, ,, PS Form 3811, February 2004 Dome `ic Return Receipt 102595-02-M-1540 s J• MAY 2 3 2008 TONYA R. GOCHENAUR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW CARROLL SIDNEY EWELL, JR., NO. 1995-4662 Defendant IN CUSTODY COURT ORDER AND NOW, this y 7 #day of May, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the agbk day of Qazll- , 2008, at in. At this hearing, the Fader shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with this Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's Order of May 24, 2002, shall remain in place subject to a provision that the parties shall continue handling custody as they have been over the past year with Father having alternating weekends from Friday through Monday morning, Father having custody on Tuesdays and Thursdays until 8:00 p.m., and Mother being flexible with the children on the other days when she is at work and the children express a desire to go over to the Father's home. cc: Nathan C. Wolf, Esquire .GMs. Rebecca Faulkner BY THE COURT, J7 es ey Oler, Jr Judge liks, -Aa I LL 1 :? - r--1 r :'mot C 3 c' .?. c 1 TONYA R. GOCHENAUR, Plaintiff v CARROLL SIDNEY EWELL, JR., Defendant Prior Judge: The Honorable J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1995-4662 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Shaytra Kiana Ewell, born November 5, 1994 Carroll Sidney Ewell, III, born November 26, 1995 2. A Conciliation Conference was held on May 16, with the following individuals in attendance: The mother, Tonya R. Gochenaur, with her counsel, Nathan C. Wolf, Esquire, and the father, Carroll Sidney Ewell, Jr., with his counsel, student attorney Rebecca Faulkner of the Dickinson School of Law Family Law Clinic. 3. The parties have been working under an Order from May, 2002. Father is now suggesting that the older child Shaytra has indicated she wants to live with Father on a full time basis. Mother is not in agreement and a hearing is required. 4. The parties have been going on a somewhat different schedule over the past year or so than what is set forth in the prior Order, and the Conciliator recommends that the Court require that the status quo be maintained pending a hearing. The Conciliator's understanding of the status quo is as set forth in the attached Order. Date: May ?, 2008 Hubert X. 1' roy, Esquire Custody onciliator NATHAN C. WOLF, ATTORNEY ID NO. WOLF & WOLF 10 WEST HIGH STR CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PI TONYA R. GOC ENAUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN CUSTODY CARROLL S. E WELL, JR., Def ndant NO. 95-4662 CIVIL TERM I MOTION FOR CONTINUANCE NOW co s the Plaintiff, Tonya Gochenaur, by her attorney, Nathan C. Wolf, Esquire, and presents the folio motion for continuance of the July 28, 2008 custody hearing, representing as follows: 1. The plain ' f is Tonya R. Gochenaur, an adult individual with a mailing address at 10 East Countryside Drive, Boiling Springs, PA 17007. 2. The defen t is Carroll S. Ewell, an adult individual with a mailing address at 139 Lincoln Street Carlisle, PA 7013. 3. On May 24 2002, an Order of Court was entered for custody of Shaytra Kiana. Ewell, born November 5,1994 and Carroll Sidney Ewell, III, born November 26, 1995. 4. Father has etitioned to modify this Order and grant him primary physical custody of Shaytra K. Ewell, as well as increase the frequency of temporary physical custody for Carroll S. Ewell, III. 5. In 6. Counsel hearing are to this motion, a custody hearing was scheduled before this Court on July 28, 2008. subsequently learned that two witnesses who would provide testimony at this )le on this date. 7. Preserving children, or the aft 8. Concur-en concurrence was g WHEREFORE, continuing the cus that the Court mai status quo by continuing this hearing will not prejudice either party or the children's school enrollment. in the foregoing motion was sought from Counsel for Defendant, and such tiff, Tonya Gochenaur, respectfully requests that the Court issue an Order hearing currently scheduled for July 28, 2008, along with any additional relief deem appropriate and just. Respectfully submitted, WOLF & WOLF Dated: July Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the ur. motion are true herein are made authorities. July Z, 2008 igned, do hereby verify I am counsel for Movant, and the facts set forth in this correct to the best of my knowledge and belief. I understand that false statements ject to the penalties of 18 Pa.GS. Section 4904, relating to unworn falsification to NATHAN C. WOLF, ATTORNEY ID NO. WOLF & WOLF 10 WEST HIGH STR CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR P] TONYA R. GO HENAUR, : IN THE COURT OF COMMON PLEAS OF Pla' tiff : CUMBERLAND COUNTY, PENNSYLVANIA V* : CIVIL ACTION - LAW : IN CUSTODY CARROLL S. E Mnt' JR., . Z : NO. 95-4662 CIVIL TERM CERTIFICATE OF SERVICE I, l served a copy of Mail, addressed as j C Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have foregoing Motion to Continue, upon the following person, by United States Michael O'Donnell, CLI Meagan Riesmyer, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: July zY`f , 2 By: N an olf, Esquire 1Q Wes igh Street a l e, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff ?,? n ?? ?? f> ,-? ^? ? ?`+? , 6, ? ? -?r, ? ? ..;n t? r'?. } r C ^"? ??` . JUL 9 5 2008 #4 TONYA R. GOCHENAUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN CUSTODY CARROLL S. EWELL, JR., Defendant/Petitioner NO. 95-4662 CIVIL TERM ORDER OF COURT AND NOW this a day of J 'Q , 2008, upon consideration of the attached Motion, it is hereby ordered that the custody hearing scheduled for July 24, 2008 at 1:30 p.m, be rescheduled to 2008, at ?%3d A C ?D 1, ezk? ec-2A? 1,04 Distribution: ,than C Wolf, Esquire For the Plaintiff Michael O'Donnell, CU For the Defendant ,?egan??? syert BY THE COURT: ?r Cr ' -- co TONYA R. GOCHENAUR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CARROLL S. EWELL, JR., Defendant NO. 95-4662 CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this 17th day of October, 2008, upon consideration of Defendant's Petition To Modify Custody Order with respect to the parties' children, Shaytra Kiana Ewell (d.o.b. November 5, 1994) and Carroll Sidney Ewell, III (d.o.b. November 26, 1995), and following an initial period of hearing on October 16, 2008, which has not yet been completed, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custody of the children shall be in Plaintiff, the mother. 3. Temporary or partial physical custody of the children shall be in Defendant, the father, at the following times: a. During the school year, (1) On alternating weekends, on Friday after school until Sunday at 8:00 p.m.; (2) On Tuesdays and Thursdays following school until 8:00 p.m.; (3) On Thanksgiving Day, from 3:00 p.m. until 8:00 p.m.; and (4) From December 25, at 3:00 p.m. until December 30, at 8:00 p.m. b. During the summer, for one out of every three weeks, from Sunday at 6:00 p.m. until Sunday at 6:00 p.m. 4. Responsibility for transportation for purposes of custody exchanges shall be that of the party receiving custody. 5. Nothing herein is intended to preclude the parties from deviating from the custodial terms of this order by mutual consent. C 1*1 ;1 d L 1 130 OOOZ d 31A .Athan C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff LA/ebecca Faulkner 0 Certified Legal Intern Anne MacDonald-Fox, Esq. Supervising Attorney J Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For the Defendant uv TRF coi TRT. TONYA R. GOCHENAUR, Plaintiff v CARROLL SYDNEY EWELL, JR.,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1995-4662 CIVIL TERM IN CUSTODY IN RE: PETITION TO MODIFY CUSTODY ORDER ORDER OF COURT AND NOW, this 16th day of October, 2008, upon consideration of Defendant's Petition To Modify Custody Order with respect to the parties' children, Shaytra Kiana Ewell (date of birth, November 5, 1994), and Carroll Sydney Ewell, III, (date of birth, November 26, 1995), and following an initial period of hearing on October 16, 2008, and the hearing having not yet been completed on Defendant's petition, the record shall remain open, and counsel are requested to contact the Court's secretary for purposes of scheduling a further half-day of hearing. The Court will enter a temporary order in this matter pending the further period of hearing and further Order of Court. It is noted that at the time of adjournment on today's date both parties had testified, and Defendant's Exhibits 1 and 2 had been identified and admitted, and Plaintiff's Exhibits 1, 2, and 3 had been identified and admitted. No other exhibits had been identified or admitted. Both parties have reserved the right to recall themselves for further testimony. Neither counsel has requested a copy of the transcript of today's proceeding. r' 'a t N 7 By the Court, Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 For Plaintiff ? Rebecca Faulkner, Certified Legal Intern Anne MacDonald-Fox, Esquire (supervising attorney) Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For Defendant mae eorI F-s rnat 14. L TONYA R. GOCHENAUR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CARROLL S. EWELL, JR., Defendant NO. 95-4662 CIVIL TERM IN RE: PETITION TO MODIFY CUSTODY ORDER ORDER OF COURT AND NOW, this 28th day of October, 2008, following a hearing held on October 16, 2008, and a further period of hearing being necessary in the above matter, a hearing is scheduled for Monday, February 9, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. J. ? Nathan C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff Rebecca Faulkner Certified Legal Intern Anne MacDonald-Fox, Esq. Supervising Attorney (Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For the Defendant l? t F S' rr?? ! l?l? /vl3old8 :rc /old 810 e/1-1-/ BY THE COURT, C a% 1 ,,d 00 i:"0 9 a 0 Z Tonya R. Gochenaur, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Carroll Sidney Ewell, Jr., Defendant : NO. 95-4662 CIVIL TERM PETITION TO DISMISS Defendant, Carrol Sidney Ewell, Jr., by and through his attorneys, the Family Law Clinic, hereby petitions to dismiss the Petition to Modify Custody Order filed on April 2, 2008. Defendant presents the following in support of his Petition to Dismiss: 1. The Honorable J.Wesley Oler, Jr. entered an Order of Court in this matter on May 24, 2002. 2. On April 2, 2008, Defendant, by and through his attorneys, the Family Law Clinic, filed a Petition to Modify Custody Order. 3. By Order of Court dated April 4, 2008, this matter was scheduled for a conciliation before Hubert X. Gilroy, Esq. on May 16, 2008. 4. Following the conciliation, this Honorable Court issued an Order of Court on May 29, 2008, modifying the May 2002 Order and scheduling this matter for a Hearing on July 28, 2008. 5. On July 24, 2008, Plaintiff, Tonya R. Gochenaur, filed a Motion for Continuance. By Order of Court dated July 27, 2008, this Honorable Court granted Plaintiff's Motion and rescheduled the Hearing to October 16, 2008. 6. The parties attended a partial Hearing on October 16, 2008. On October 17, 2008, this Honorable Court entered a Temporary Order of Court. By Order of Court dated October 28, 2009, this Honorable Court scheduled the conclusion of the Hearing for February 9, 2009, at 9:30 a.m. The parties have been able to reach to an agreement regarding custody of their two minor children and no longer require the continued Hearing scheduled for February 9, 2009. 8. Defendant realizes that if this Honorable Court dismisses his Petition to Modify Custody Order, the prior Court Order from May 24, 2002 will be reinstated. 9. Pursuant to Cumberland County Rule of Procedure 208.2(d), Defendant's counsel sought concurrence of opposing counsel in this Petition. Plaintiff's counsel, Nathan C. Wolf, concurred. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss without prejudice the Petition to Modify Custody Order filed on April 2, 2008, and cancel the Hearing scheduled for February 9, 2009, at 9:30 a.m. Respectfully Submitted, Date: or. d Rebecca Fau ?ner Certified Legal ntern ANNE ONALD- Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 VERIFICATION I verify that the statements made in this Petition 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. r a ate Carroll Sidney Ewell, Jr. r .,? - "3 ?`? ?? ?.._ ?= i a7 tr l p..,., i' 1 F ? 9 0 2 20094 Tonya R. Gochenaur, Plaintiff, v. Carroll Sidney Ewell, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 95-4662 CIVIL TERM 11 ORDER OF COURT AND NOW, this Lis It of 1-L ' 2009, upon consideration of the attached - -- Petition to Dismiss, it is hereby directed that Defendant's Petition to Modify Custody is dismissed without prejudice and the May 24, 2002 Court Order is reinstated. The continued ' JCustody Hearing scheduled for Monday, February 9, 2009 is cancelled. BY THE COURT: Ad N £Z ? rid 5-- 93d 6082 ttdV`.f.UCa.:HL W' 3H! -40