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HomeMy WebLinkAbout93-3232AS OF 9-7- 160 (a CASE# 93 - 3 a 3 a HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. ELENI M. IMES, Plaintiff/Respondent V. BRYAN B. GRAHAM, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 93-3232 : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. The Plaintiff/Respondent is Eleni M. Imes, nka, Eleni M. Garrett, an adult individual who currently resides at 804 Stonybrook Lane, York County, PA 17339. 2. The Defendant/Petitioner is Bryan B. Graham, an adult individual who resides at 4910 Shasta Way, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The parties are the natural parents of Panagiotitsa Margaret Graham, born 8/31/92. 4. The parties entered into a Custody Agreement on 5/9/05 and said Agreement was entered as an Order of Court on 5/31/05. Said Order is attached hereto as Exhibit A. 5. The child, who is 14 years of age and will be starting high school in 2006, desires to remain with Father's from Sundays at 6:00 p.m. until Fridays at 6:00 p.m. during the school year. 6. Father's counsel sent aproposed Stipulation for Modification of Custody Order (Exhibit B) to Mother on 8/8/06 and received no response from Mother. WHEREFORE, Defendant/Petitioner Father requests that this Honorable Court issue an Order in accordance with the Stipulation for Modification of Custody Order, attached as Exhibit B, permitting the child to be with Father from Sunday at 6:00 p.m. until Friday at 6:00 p.m. during the school year. All other provisions of the Order dated 5/31/05 and attached as Exhibit A shall remain in effect. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: 2--2 6?0 ELENI M. IMES, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 93-3232 BRYAN B. GRAHAM, Defendant/Petitioner : IN CUSTODY VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. By: Bryan B Graham (o Date: U -30- • 0 EXHIBIT A R. . r C` , RECEIVED MAY 28 M J ELENI M. IMES, Plaintiff/Respondent V. BRYAN B. GRAHAM, Defendant/Petitioner ORDER OF COURT AND NOW, this St day ORDERED and DECREED that the attack this Court. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 93-3232 IN CUSTODY Y! TRUE CO In TeeA'mony whe andAM seal of se 2005, it is hereby entered as an Order of FROM RECORD I h pre unto set my ugat,JV Isle, f? _ , BY THE COURT: ' •r ? ` PAGE 01 04/26/2005 15:10 717- 57` 2 MARIANNE E ELENI M. IMES, Plaint!WRespondent V. BRYAN B. GRAHAM, Defeudant/Petitioner : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 93-3232 :IN CUSTODY CUSTODYYGREEMENT THIS AGREEMENT is made and entered into between the parties, Eleni M. Imes, and Bryan B. Graham, hereinafter referred to as Mother and Father. The parties are the natural parents of Panagiotitsa Margaret Graham born 8/31/92. The parties desire to modify paragraph 10 of the existing Custody Order issued on 5/7/02, attached hereto as Exhibit A, as follows: The parties agree that the child shall attend school in Father's school district of Cumberland Valley beginning with the 2005/2006 school year. 2. Mother shalt transport the child to and from school during her periods of physical custody. r. I All other provisions of the 517102 shall remain in full force and effect`. N CC• yam; l N =3 -i O ` N 0 Fn pL `-r 'm ?-C 04/26/2005 15:10 717-657-'? MARIANNE E RUD PAGE 02 IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the !atday of -AL1/t L , 2005, at Harrisburg, Pennsylvania. In the presence of: y. - n? 2(,e ?t .it n?I WMESS (SEAL) Bryan B. Graham EXHIBIT A P F ELENI M. IMES, Plaintiff/Respondent V. BRYAN B. GRAHAM, Defendant/Petitioner MAY r42M : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 93-3232 IN CUSTODY ORDER OF COURT AND NOW, this ) S day of M 2002, it is hereby and DECREED that the attached Custody Agreement is entered as an Order. of this Court. J. TRUE COPY FROM RECORD In Testimony wher , I here,unto set my hand 4Rd thA4401 of sat Court at whsle. Pa. Y t p' F ELENI M. IMES, Plaintiff/Respondent V. BRYAN B. GRAHAM, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 93-3232 IN CUSTODY CUSTODY AGREEMENT 2 cn,•- c. - y O N c .7 _n i. ILL AND NOW, this L? day of 2002, the parties agree to modify the existing custody order issued by this Honorable Court on 8/16/00 as follows: 1. The Mother, Eleni M. Imes, and the Father, Bryan B. Graham shall enjoy equally shared legal and physical custody of Panagiotitsa Margaret Graham born 8/31/92. 2. The child shall be with Father under the following schedule: a. Beginning 2/24/02, the child shall be with Father from 8:00 p.m. on Sundays until Thursday mornings when he shall take the child to school; alternating with: b. Beginning on Monday, 3/4/02 after school until Thursday morning when Father shall take the child to school. 3. During the summer months, the parties shall alternate custody on a two week on two wedk off arrangement. This arrangement shall begin the Friday following the day the child is released from school at 6:00 p.m. and alternating every two weeks thereafter. At the end of the summer, the child shall reside for one week prior to the beginning of school with the parent having Cecilia at the beginning of the school year. (. 4. The child shall be with Father on Father's Day and with Mother on Mother's Day from 10:00 a.m. to 6:00 p.m. 5. The parties shall alternate custody of the minor child on holidays to include New Year's Day, Memorial Day, July 41, Labor Day and Thanksgiving. For the Easter holiday, Mother shall always have the child on the weekend that her family celebrates their Easter holiday under the Greek Orthodox church and Father shall always have the child on the traditional Easter scheduled holiday. Alternating holidays shall start with Father having Memorial Day 2002. 6. The Christmas holiday shall be divided into two segments, the first segment shall be from Christmas Eve at 10:00a.m. until Christmas Day at 10:00 a.m. and the second segment being from 10:00 a.m. on Christmas Day until 12/26 at 7:00 p.m. Father shall have 12/24 in 2001. 7. In the event either parent removes the child from the Commonwealth of Pennsylvania for an overnight trip, the custodial parent shall notify the non-custodial parent of the phone number and location of where they will be with the minor child. In the event either parent desires to take the child on a trip outside the United States, they shall give the other parent at least sixty (60) days written notice and also provide information as to how the child may be contacted. I 8. Both parties shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent. (" c. 9. The parties may modify this Court Order as they agree. Absent an agreement, the parties shall abide by this Order. 10. Neither party shall rceenroll the child in an1y?otheer school then the one she attended 2001/2002cool yeaPZv C tehe writt n nsenf of the other party or an Order of Court. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the lt-day of , 2002, at Harrisburg, Pennsylvania. In the presence of: WITNESS WITNESS C ( 1 L.2 A AL. a-- -(SEAL) Eleni M. Imes & (SEAL) Bryan Graham ELENI M. IMES, Plaintiff/Respondent V. BRYAN B. GRAHAM, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 93-3232 IN CUSTODY STIPULATION FOR MODIFICATION OF CUSTODY ORDER THIS AGREEMENT is made and entered into between the parties, Eleni M. Imes, and Bryan B. Graham, hereinafter referred to as Mother and Father. The parties are the natural parents of Panagiotitsa Margaret Graham born 8/31/92. The parties desire to modify the existing Custody Order issued on 5/31/05, attached hereto as Exhibit A, as follows: 1. The child shall reside with Father from Sundays at 6:00 p.m. until Fridays at 6:00 p.m. 2. The child shall reside with Mother from Fridays at 6:00 p.m. until Sundays at 6:00 p.m. 3. All other provisions of the 5/31/05 Order shall remain in full force and effect. 0 IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the - day of 2006, at Harrisburg, pennsylvania. In the presence of: (SEAL) WITNESS Eleni M. Imes (SEAL) WITNESS Bryan B. Graham 70 Y n ry n ?- T T ' X17 ?J ,p l47 { f ? .. li) ELENI M. IMES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN B. GRAHAM DEFENDANT 93-3232 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 13, 2006 , 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 MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, October 13, 2006 at 12:30 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 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 siL/,7 /r7' ELENI M. IMES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 93-3232 CIVIL TERM V. BRYAN B. GRAHAM, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of October, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Eleni Garrett and Bryan B. Graham shall participate in therapeutic family counseling. The counselor shall be selected by their mutual agreement. Unreimbursed medical expenses for this therapeutic family counseling shall be shared equally by the parties. In the event that a parent fails to show up for a scheduled appointment and the parties are billed for that appointment time by the therapist, the parent who failed to attend shall bear the burden of this expense. The parties shall contact the counselor for an appointment no later than October 20, 2006. It is expected that the parties will extend their cooperation in scheduling and participating in the therapeutic family counseling for the benefit of their minor child. BY THE COU Edgar B. BdylEy, P.J. Dist: / Richard Wagner, Esq., 2233 N. Front Street, Harrisburg, PA 17110 ?Marianne E. Rudebusch, Esq., 4711 Locust Lane, Harrisburg, PA 17109 V t }? unc '1 tt?_L f u P- `•` 0 ELENI M. IMES, IN THE COURT OF COMMON PLEAS OF jl CUMBERLAND COUNTY, PENNSYLVANIA'S Plaintiff NO. 93-3232 CIVIL TERM V. BRYAN B. GRAHAM, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Panagiotitsa Margaret Graham 08-31-92 Mother and Father 2. A Custody Conciliation Conference was scheduled for October 13, 2006. Present for the conference were: the Father, Bryan B. Graham, and his counsel, Marianne Rudebusch, Esquire; the Mother, Eleni M. Garrett, and her counsel, P. Richard Wagner, Esquire. 3. Father's position on custody is as follows: The Order he seeks to modify is an Order of May 31, 2005 which permitted the child to attend Cumberland Valley School District. Father now reports that the child wants to live with him during the school week from Sunday night at 6:00 p.m. until Friday night at 6:00 p.m. so that she can be involved more in school extracurricular activities and projects with her school peers. 4. Mother's position on custody is as follows: Mother resides in York County. She and stepfather report that there is a constant pumping of the child by Dad with regard to what happens when she is at Mother's home. Mother's concern is that the child's motivation for wanting to live with Father is not her own. Additionally, Mother is concerned about the appropriateness of empowering a 14-year old to make the decision as to where she will live. She does not want the child to start thinking that she can go back and forth between parental homes based on whose rules she is in favor of at any given time. 5. The parties' counsel noted that they were to participate in therapeutic family counseling with Deb Salem. However, Mother is not agreeable to do so. The parties did agree to participate in therapeutic family counseling with another counselor and to an NO. 93-3232 CIVIL TERM arrangement to share in unreimbursed medical expenses and a timeline within which the parties would call for an appointment to begin the counseling. The parties further agreed not to request a hearing at this time. IDS Vll?(I?,7 Date Melissa Peel Greevy, Custody Conciliator :285275 NOV 3 0 20% ELENI M. IMES, Plaintiff V. BRYAN B. GRAHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 93-3232 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 4 4, day of , 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number 2 of the Cumberland County Courthouse, on the 30't'?' day of 200J6,1 at T 45 o'clock /a .M., at which time testimony will be to en. For the urposes. of the hearing, the Father, Bryan B. Graham, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of exhibits, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda, lists of exhibits, lists of witnesses and summaries of anticipated testimony of each witness shall be filed at least twenty days prior to the hearing date. BY THE Edgar B. Bayley, P.J. Dist: P. Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110 Marianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA 17109 1) D` 01 .C Wd h- 310 9002 L?; ;iU'.da1I,o ELENI M. IMES, Plaintiff V. BRYAN B. GRAHAM, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 93-3232 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Panagiotitsa Margaret Graham 08-31-92 Mother and Father 2. Subsequent to the parties' October 13, 2006 Custody Conciliation Conference in which the parties agreed that they would select a new counselor and participate in therapeutic family counseling, the Petitioner's counsel, Ms. Rudebusch, notified the Respondent's counsel and the Conciliator that the parties were having difficulty selecting a new counselor to assist them in understanding the basis for the child's stated desire to change the existing schedule of custody. Additionally, Petitioner's counsel asked that the matter be scheduled for hearing. Mother's counsel, P. Richard Wagner, was copied on this correspondence and has not raised objections to a hearing being scheduled. Inasmuch as the parties' agreement from the October 13, 2006 conciliation appears to have failed, the Conciliator forwards Petitioner's request for hearing to the Court. Accordingly, an Order scheduling such hearing is attached. jl?k bate- ate Melissa Peel Greevy, Esquir Custody Conciliator 285275v2 ELENI M. IMES, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN B. GRAHAM, DEFENDANT 93-3232 CIVIL TERM ORDER OF COURT AND NOW, this 7 day of January, 2007, by agreement of the parties, the following order is entered. (1) All prior custody orders are vacated and replaced with this order. (2) The mother, Eleni M. Imes, and the father, Bryan B. Graham, shall have shared legal custody of their daughter, Panagiotitsa Margaret Graham, born August 31, 1992. (3) The mother and father shall have shared physical custody of Panagiotitsa on the following schedule: (a) Overnight every Monday, Tuesday, Wednesday and Thursday with father. (b) Overnight every Friday, Saturday and Sunday with the mother when she shall will pick up Panagiotitsa after school on Fridays and take her to school on Monday mornings. (4) During the summer months the parents shall alternate physical custody on a two week on two week off arrangement. This arrangement shall being the Friday following the day Panagiotitsa is released from school at 6:00 p.m. and alternating every two weeks thereafter. At the end of the summer, Panagiotitsa shall reside for one week prior to the beginning of school with the parent having her at the beginning of the school year. (5) Panagiotitsa shall be with father on Father's Day and mother on Mother's Day from 10:00 a. m. to 6:00 p.m. (6) The parents shall alternate having Panagiotitsa on the holidays of New Year's Day, Memorial Day, July 4th, Labor Day and Thanksgiving. For Easter, mother shall always have Panagiotitsa on the weekend that her family celebrates their Easter holiday under the Greek Orthodox Church, and father shall always have her on the traditional Easter scheduled holiday. Alternating holidays shall start with father having Memorial Day 2002. (7) The Christmas holiday shall be divided into two segments, the first segment shall be from Christmas Eve at 10:00 a.m. until Christmas Day at 10:00 a.m. and the second segment shall be from 10:00 a.m. on Christmas Day until December 26 at 7:00 p.m. Father shall have December 24 in 2001. (8) If either parent takes Panagiotitsa from the Commonwealth of Pennsylvania for an overnight trip, the custodial parent shall notify the non-custodial parent of the phone number and location of where they will be with her. If either parent desires to take Panagiotitsa outside the United States, they shall give the other parent at least sixty (60) days written notice and also provide information as to how Panagiotitsa may be contacted. (9) Both parties shall enjoy reasonable telephone contact with Panagiotitsa when she is with the other parent. -2- (10) The parents may modify this order as they agree. Absent an agreement, they shall abide by this order. (11) Panagiotitsa shall remain in the Cumberland Valley School District. (12) Whichever parent has Panagiotitsa during a time when she is involved in an extracurricular activity at school shall be responsible to ensure that she gets to that activity. P. Richard Wagner, Esquire For Plaintiff Marianne Rudebusch, Esquire For Defendant :sal By Edgar B. Bayley, J. v -3- 4t,J -rn. .... o CV f..? ELENI M. TIMES GARRETT, Plaintiff, V. BRYAN B. GRAHAM, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 93-3232 CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION AND NOW, comes the Plaintiff, Eleni M. Imes Garrett, by and through her attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Petition For Modification: 1. The Plaintiff herein, Eleni M. Imes Garrett, is an adult individual having as an address 804 Stoney Brook Lane, Lewisberry, York County, Pennsylvania. 2. The Defendant, Bryan B. Graham, is an adult individual having as an address of 2910 Shasta Way, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of one (1) child, Panagiotitsa Margaret Graham (aka Cecilia), born August 31, 1992. 4. Plaintiff is the natural mother of the child and Defendant is the natural father of the child. 5. A Custody Agreement was entered by and between the parties, a copy of which is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. 6. The Plaintiff herein is aware of no other person asserting a right to custody or partial custody of the child. 7. The Plaintiff herein believes and therefore avers that it is in the best interests of the child to grant a modification of the current Order to provide periods of custody in mother from Thursday after school until Tuesday mornings during the school year. 8. The reason for this request is that the subject of this Petition is finishing her 10' grade in Cumberland Valley School District, however, she is on the verge of not successfully completing the same because of grades. 9. Plaintiff herein has researched and has been made aware that the basis for those bad grades is a lack of preparation and a lack of completion of homework activities, particularly during the time that she is in the custody of the Defendant herein. 10. Plaintiff herein does not desire to have the child removed from the Cumberland Valley School District, but desires to have the child remain in the Cumberland Valley School District with a shared physical custody arrangement such that the greater period of time during the school year is spent with the Plaintiff herein, subject to modification in the summer to provide a greater period of time for the Defendant in the summer. -2- WHEREFORE, Plaintiff requests this Court to grant relief as requested. Respectfully submitted, Mancke, WagWf, Spreha & McQuillan V-Richardagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. ZL. ?. ?(rwif? Date:,30. A-M ,, 0? ELENI M. IMES, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN B. GRAHAM, DEFENDANT 93-3232 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2007, by agreement of the parties, the following order is entered. (1) All prior custody orders are vacated and replaced with this order. (2) The mother, Eleni M. Imes, and the father, Bryan B. Graham, shall have shared legal custody of their daughter, Panagiotitsa Margaret Graham, born August 31, 1992. (3) The mother and father shall have shared physical custody of Panagiotitsa on the following schedule: (a) Overnight every Monday, Tuesday, Wednesday and Thursday with father. (b) Overnight every Friday, Saturday and Sunday with the mother when she shall will pick up Panagiotitsa after school on Fridays and take her to school on Monday mornings. (4) During the summer months the parents shall alternate physical custody on a two week on two week off arrangement. This arrangement shall being the Friday following the day Panagiotitsa is released from school at 6:00 p.m. and alternating every two weeks thereafter. At the end of the summer, Panagiotitsa shall reside for one week ?ft prior to the beginning of school with the parent having her at the beginning of the school year. (5) Panagiotitsa shall be with father on Father's Day and mother on Mother's Day from 10:00 a.m. to 6:00 p.m. (6) The parents shall alternate having Panagiotitsa on the holidays of New Year's Day, Memorial Day, July 4th, Labor Day and Thanksgiving. For Easter, mother shall always have Panagiotitsa on the weekend that her family celebrates their Easter holiday under the Greek Orthodox Church, and father shall always have her on the traditional Easter scheduled holiday. Altemating holidays shall start with father having Memorial Day 2002. (7) The Christmas holiday shall be divided into two segments, the first segment shall be from Christmas Eve at 10:00 a.m. until Christmas Day at 10:00 a.m. and the second segment shall be from 10:00 a.m. on Christmas Day until December 26 at 7:00 p.m. Father shall have December 24 in 2001. (8) If either parent takes Panagiotitsa from the Commonwealth of Pennsylvania for an overnight trip, the custodial parent shall notify the non-custodial parent of the phone number and location of where they will be with her. If either parent desires to take Panagiotitsa outside the United States, they shall give the other parent at least sixty (60) days written notice and also provide information as to how Panagiotitsa may be contacted. (9) Both parties shall enjoy reasonable telephone contact with Panagiotitsa when she is with the other parent. -2- (10) The parents may modify this order as they agree. Absent an agreement, they shall abide by this order. (11) Panagiotitsa shall remain in the Cumberland Valley School District. (12) Whichever parent has Panagiotitsa during a time when she is involved in an extracurricular activity at school shall be responsible to ensure that she gets to that activity. P. Richard Wagner, Esquire For Plaintiff Marianne Rudebusch, Esquire For Defendant :sal By tagar ti. tiapey, j. -3- r Coll py ? ?t i• N l.) ... f ? _ s ELENI M. IMES GARRETT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN B. GRAHAM 1993-3232 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 23, 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 -. Thursday, June 19, 2008 at 8:30 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 g. 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 6Z :c J £2 Avw Con 's o . Ce p- r- J N 2 0 200$ ELENI M. IMES GARRETT, Plaintiff vs. BRYAN B. GRAHAM, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1993-3232 IN CUSTODY COURT ORDER AND NOW, this dj day of June, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the _Z?'day of , 2008 at 30h.m. At this hearing, the mother shall be the moving party an shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the 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 prior Order of January 31, 2007, shall remain in place. f: BY THE tOU Edgar B. Bayley, Z cc: Richard Wagner Esquire Marianne E. Rudebusch, Esquire fir' ' l a, 1 ELENI M. IMES GARRETT, Plaintiff vs. BRYAN B. GRAHAM, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1993-3232 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 child who is the subject of this litigation is as follows: Panagiotitsa Margaret Graham (a/k/a Cecilia) born August 31, 1992 2 A Conciliation Conference was held on June 19, 2008, with the following individuals in attendance: The mother, Eleni M. Imes Garrett, who appeared with her counsel P. Richard Wagner, Esquire, and the father, Bryan B. Graham, with his counsel Marianne E. Rudebusch, Esquire. 3 The parties are working under a custody order from January of'2007 when they reached an agreement on custody which is essentially shared with mother having custody on weekends and father having custody during the week. Mother has concerns with respect to the child's recent performance in school and mother is suggesting a slight modification of the order to give her more time on weekday nights to insure that homework and other school projects are addressed. Father indicates that he is unwilling to modify the order and further states that the academic issues are being appropriately addressed. The parties are unable to reach and agreement and a hearing is required. A hearing should take no more than one half day. 4. The Conciliator recommends an Order in the form as attached. Date: June 1 , 2008 L; Hubert X. Gilroy esquire Custody Conciliator