The URL can be used to link to this page

Home My WebLink About02-3518 NM THP 2013 MAR 20 pM' 30 CUMBERL4 ND CO U T PEN IN SYLVAtIlA." CONSTANTINE TOULOUMES, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION- LAW NO. 02-3518 MEGAN CAPUANO, formerly MEGAN TOULOUMES, IN CUSTODY Defendant MOTION FOR ENTRY OF ORDER AND NOW comes the above-named Defendant,by her attorney, Samuel L. Andes, and moves the court to modify its prior orders of custody in this matter, based upon the following: 1. The moving party herein is the Defendant. The responding party herein is the Plaintiff. 2. The parties have agreed upon a modification of the existing custody schedule and orders and have executed a written stipulation requesting the court to modify its orders. That stipulation and the proposed orders are attached hereto. 3. The most recent orders in this matter were entered by the Honorable M.L. Ebert,Jr., Judge. 4. Both parties and their counsel concur in the modification of the order requested in this Motion. IN WITNESS WHEREOF Defendant moves this court to modify its prior orders in accordance with the Stipulation of the parties and the proposed order attached hereto. A I Sa'ih4l L. An&!s Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street P.O.Box 168 Lemoyne, Pa 17043 (717) 761-5361 JI CONSTANTINE TOULOUMES, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION- LAW NO. 02-3518 MEGAN CAPUANO, formerly MEGAN TOULOUMES, IN CUSTODY Defendant ORDER OF COURT AND NOW this x day of V\ or&� , 201J, upon the agreement of the parties as confirmed by the attached Stipulation, we hereby order and decree as follows: 1. The prior orders of custody in this matter are hereby vacated and replaced. 2. Plaintiff Constantine Touloumes ("Father") and the Defendant Megan Capuano, formerly Megan Touloumes ("Mother"), shall share legal custody of their minor child, Marianna Constantine Touloumes, born April 19, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, decisions regarding her health, education and religion. Accordingly, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. Further, the parties shall cooperate to exchange information and make decisions regarding such matters of significance in the child's life by mutual action whenever possible. In the event that an emergency decision is required for the benefit of the child,the parent then having custody of the child is authorized to make such emergency decisions on the condition that that parent promptly notify and consult with the other parent. 3. During the child's summer vacation from school, the parents shall share physical custody of the child on a week-to-week basis, exchanging custody of the child at the place and at . y I t 1 t f t 1 the times as the parties can agree and, if they do not so agree, at 6:00 p.m. on Sunday. The summer custody schedule shall commence with the first Sunday following the last day of school in the Spring semester and shall terminate on Sunday prior to the commencement of school in the Fall semester. Father shall have the first week in the alternating week schedule during the summer vacation. 4. During the school year,Mother shall have primary physical custody of the child and Father shall have the following periods of temporary or partial physical custody: (A) Alternating weekends from after school on Thursday (or 4:00 p.m. if there is no school) until Sunday evening at 5:30 p.m. At the commencement of the child's fall school schedule, Father's weekend period of custody shall resume on the weekend following the first day of school, if Mother had the last week of summer custody. If Father had the last week of physical custody, then his weekend of partial physical custody shall resume on the second weekend following the first day of school. (B) Such other times as the parties may mutually agree. 5. Not withstanding the above schedule,the parties shall share or alternate physical custody of the child on holidays as follows: (A) Thanksgiving. The Thanksgiving holiday period shall run from after school on the Wednesday before Thanksgiving until the following Monday at 6:00 p.m. Mother shall have custody of the child for the Thanksgiving Holiday in odd- numbered years and Father shall have custody for the Thanksgiving holiday in even-numbered years. (B) Western Christmas (December 25). Mother shall have custody of the child from Christmas Eve at 9:00 a.m. through Christmas Day at 4:00 p.m. and Father shall have custody from Christmas Day at 4:00 p.m. to 6:00 p.m. on December 26`x. (C) Eastern Orthodox Christmas(Lang=7). Father shall have custody of the child from January 6 at 12:00 noon until January 7 at 6:00 p.m. I I (D) Western Easter. Mother shall have custody of the child over the Easter weekend from Saturday at 9:00 a.m. until Sunday at 6:00 p.m. (E) Eastern Orthodox Easter. Father shall have custody of the child over the Eastern Orthodox Easter weekend from Saturday at 9:00 a.m. until Sunday at 6:00 p.m. (F) Memorial Day and Labor Day. The Memorial Day and Labor Day holiday periods of custody shall run from after school on Friday before the holiday through the Monday holiday at 6:00 p.m. In odd-numbered years, Father shall have custody of the child for the Memorial Day holiday and Mother shall have custody for the Labor Day holiday. In even-numbered years, Mother shall have custody of the child for the Memorial Day holiday and Father shall have custody for the Labor Day holiday. (G)Mother's Day and Father's Day. Mother shall have custody of the child every year on Mother's Day from 9:00 a.m. until 6:00 p.m. and Father shall have custody of the child ever year on Father's Day from 9:-00 a.m. until 6:00 p.m. The above holiday schedule shall supercede the regular custody schedule set forth in this order. 6. In the event that either party intends to remove the child from that parent's primary residence for an overnight period or longer, such party shall notify the other parent in advance of the address and telephone number where the child will be and where the child or parent can be I contacted. 7. The non-custodial parent shall be entitled to have reasonable telephone contact with the child. 8. Neither party shall say or do anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each party shall insure that third arti p es having contact with the child shall comply with this provision. 9. In the event that either party intends to relocate the child outside of Cumberland County, or to any other location in which the custody schedule set forth in this order will not be I practical, such party will strictly comply with the provisions of Pennsylvania law regarding advance notice to the other party and the obtaining of the consent of the other party or of this court before such relocation takes place. BY THE COURT, �*Qk . J. Distribution: V James R. Demmel, Esquire (Attorney for Plaintiff) 4431 North Front Street, Harrisburg, PA 17110 I� ✓Samuel L. Andes, Esquire (Attorney for Defendant) zM a MI-` �{ 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 W,r N 7'j , i i I i CONSTANTINE TOULOUMES, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION-LAW NO. 02-3518 MEGAN CAPUANO, formerly MEGAN TOULOUMES, IN CUSTODY Defendant STIPULATION ri AND NOW this day of 2011 the above-named parties and their respective counsel hereby stipulate and agree that the court shall enter the attached Order in the above matter and jointly move the court to enter that order to modify and replace the existing custody orders. C J 7Dmm e I Constantine Touloumes A omey f Plaintiff Saniu-i-eft. Andes Megan Capuano, formerly Attorney for Defendant Megan Touloumes N eei e