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Home My WebLink About02-3518Toulpumes/CUSTODY COMPLAINT/ CONSTANTINE TOULOUMES, PLAINTIFF V. MEGAN TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 0;t- 3s/P CIVIL ACTION - CUSTODY AND NOW, comes Plaintiff, by and through counsel Smigel, Anderson & Sacks, and files the following Complaint for Custody: 1. Plaintiff is Constantine Touloumes residing at 3 West Pine Street, Mt. Holly Springs, PA 17065, Cumberland County, Pennsylvania. 2. Defendant is Megan Touloumes, residing at 1159 Harrisburg Pike, Carlisle, PA 17103, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present R siden Age Marianna Constantine Touloumes 1159 Harrisburg Pike, Carlisle, PA 17013 3 4. The child was not born out of wedlock. The child is presently in the custody of the Defendant. 5. During the past five (5) years, the child resided with the following persons and at the following addresses: CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE I, James R. Demmel, Esquire, Attorney for Plaintiff, do hereby certify that on the day of July, 2004, I served an original and one (1) copy of Plaintiff's First Request for Production of Documents addressed to Defendant in the above-captioned matter, by depositing same in the United States Mail, first class, postage paid, addressed as follows: SAMUEL L. ANDES, ESQUIRE 525 NORTH 12T" STREET LEMOYNE, PA 17043 SMIGEL, ANDERSON & SACKS By: e Smigel, Esquire I.D. #09617 es R. Demmel, Esquire I.D. 490918 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff ?„? N !` c? t 1 .- r-' C "" - T? _?_ _ _ }1'it ` ? '? a> r _j F? ?'< -.. 4 ; CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE I, James R. Demmel, Esquire, Attorney for Plaintiff, do hereby certify that on the ` day of July, 2004, I served an original and one (1) copy of Plaintiffs First Set of Interrogatories addressed to Defendant in the above-captioned matter, by depositing same in the United States Mail, first class, postage paid, addressed as follows: SAMUEL L. ANDES, ESQUIRE 525 NORTH 12TH STREET LEMOYNE, PA 17043 SMIGEL, ANDERSON & SAC By: - e oy migel, Esquire I.D. #09617 s R. Demmel, Esquire I.D. #90918 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff _ o C' S T• CV to . < CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demme], Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff's Answers to Defendant's Interrogatories on counsel for the Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the / ?1- day of 2004 addressed as follows: SAMUEL L. ANDES, ESQUIRE 525 NORTH 12TH STREET LEMOYNE, PA 17043 SMIGEL, ANDERSON & SACKS By: oy migel, Esquire I.D. #: 0 617 s R. Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff N O (mil {` ? r -?? _' - f_._ --I ,__ ? ? r i _n rn `-) C_) ? <^, ?. - .?? , 1. _'a P?.i __ Cf7 =C Dates Defendant, Joseph and Nancy Capuano 1159 Harrisburg Pike Carlisle, PA 17013 12/08/01 - Present Plaintiff and Defendant 3 West Pine Street Mt. Holly Springs, PA 17065 Birth to 12/08/01 6. The mother of the child is Megan Touloumes. She is married to but separated from, the father of the child, Plaintiff. The relationship of Plaintiff to the child is that of father. Plaintiff does not currently reside with any other persons. 8. The relationship of Defendant to the child is that of mother. Defendant currently resides with the following persons: Name Relationship Joseph and Nancy Capuano Defendant's Parents 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff is a fit parent. B. Placing custody with Plaintiff will provide continuity, stability and certainty to the child's life. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant shared legal and primary physical custody of the child to him. Date: 7 -'Zz-o Respectfully submitted, SMIGEL, ERSf O/N & SACKS By: V LeR y Smigel, Esquire I.D. # 09617 Ann V. Levin, Esquire I.D. # 70259 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff VERIFICATION I verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: -! \Z- 0 Z (;ZuUJ "'L.. CONSTANTINE TOULOUMES C C 7 7 _ Il ?I, T 1 V. %- ?-' W 1, fn CONSTANTINE TOULOUMES IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MEGAN TOULOUMES DEFENDANT • 02-3518 CIVIL ACTION LAW . IN CUSTODY AND NOW, Friday, July 26, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 21, 2002 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. 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/ Dawn S. Sunday Esq. t`v 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CONSTANTINE TOULOUMES, Plaintiff vs. MEGAN TOULOUMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of O c!b 4v„ 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall engage in a course of counseling with a professional to be selected by agreement of the parties. The purposo of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall participate in a minimum of 4 counseling sessions. All costs of counseling which are not covered by insurance shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office in order to schedule the first counseling session within 2 weeks of the date of the Custody Conciliation Conference. 2. The Father, Constantine Touloumes, and the Mother, Megan Touloumes, shall have shared legal custody of 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, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph 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. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Friday at 9:00 a.m. (if the Father is not working) or after school (if the Father is working) through Monday at 6:00 p.m., unless the Father is working, in which event he shall transport the Child to preschool before work. The Father's alternating weekend periods of custody shall begin on Friday, October 4, 2002. B. The Father shall have custody of the Child for an overnight period on a weekday each week from 2:00 p.m. on the day before his day off from work (or after work, whichever is later) through 6:00 p.m. on his day off. Periods of custody under this provision shall not be scheduled during the Mother's alternating weekend periods of custody. . ? ?' . ;? .71 ., .?? til? ?? , ?,;!? ?=1 C. The Father shall provide to the Mother a minimum of 48 hours advance notice of his intent to exercise his right to a period of custody under subsection B of this provision and of the specific rimes for exchanges of custody at the beginning and end of his alternating weekend periods of custody. D. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this Order. 4. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. THANKSGIVING: The parties shall share having custody of the Child on Thanksgiving Day, with the Father having custody from 9:00 a.m. through 3:00 p.m. and the Mother having custody from 3:00 p.m. through the remainder of the day. B. WESTERN CHRISTMAS (DECEMBER 25): The Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 4:00 p.m., and the Father shall have custody from Christmas Day at 4:00 p.m. through December 26 at 6:00 p.m. C. EASTERN ORTHODOX CHRISTMAS (JANUARY 7): The Father shall have custody of the Child from January 6 at 12:00 noon through January 7 at 6:00 p.m. D. WESTERN EASTER: The Mother shall have custody of the Child over the Easter weekend from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. E. EASTERN ORTHODOX EASTER: The Father shall have custody of the Child over the Eastern Orthodox Easter weekend from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 6:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 6:00 p.m. G. MEMORIAL DAY/LABOR DAY: The party who has custody of the Child under the regular alternating weekend schedule on the weekend immediately preceding the holiday shall retain custody of the Child through the Monday holiday at 6:00 p.m. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for 2 nonconsecutive weeks each summer upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. 6. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the telephone number where the Child can be contacted. 7. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Child. 8. Neither party shall do or say 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, " <, '9/, J. cc: LeRoy Smigel, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother CONSTANTINE TOULOUMES, Plaintiff VS. MEGAN TOULOUMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 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 CUSTODY OF Marianna Constantine April 19, 1999 Mother Touloumes 2. A Conciliation Conference was held on October 1, 2002, with the following individuals in attendance: The Father, Constantine Touloumes, with his counsel, LeRoy Smigel, Esquire, and the Mother, Megan Touloumes, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. OtAbet l -7. Date Dawn S. Sunday, Esquire grvl Custody Conciliator CONSTANTINE TOULOUMES, PLAINTIFF V. MEGAN TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 : CIVIL ACTION -CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW, comes Petitioner Constantine Touloumes, by and through his attorneys, Smigel, Anderson & Sacks, and avers as follows: 1. Petitioner is Constantine Touloumes, who resides at 3 West Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Respondent is Megan Touloumes, who resides at 1159 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of Marianna Constantine Touloumes, born April 19, 1999. 4. On October 11, 2002, this Honorable Court entered an Order of Court for partial custody, a true and correct copy of which is attached. 5. This Order should be modified because: (a) Respondent has made and continues to make repeated, intense, derogatory remarks about Petitioner to the child. (b) Respondent's mother has made and continues to make repeated, intense, derogatory remarks about Petitioner to the child. (c) The child is being subjected to parent alienation syndrome as a result of the repeated, intense, derogatory remarks made to her about Petitioner. (d) Petitioner is a fit parent. (e) Petitioner works to support and encourage the child's positive relationship with Respondent and Respondent's mother despite their attempts to alienate the child from Petitioner. WHEREFORE, Petitioner requests that this Honorable Court modify the existing Order to give Petitioner primary physical custody of Marianna Constantine Touloumes because it will be in the best interest of the child. Respectfully submitted, SMIGEL, ANDERSON & S CKS Date: 4 a6' p By: LeRoy Smige squire I.D. # 09617 Ann V. Levin, Esquire I.D. # 70259 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff -2- VERIFICATION I, Constantine Touloumes, verify that the statements contained in the foregoing Petition for Modification of a Custody Order are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: 'u Zc?? o Z114 ?? Constantine Touloumes CONSTANTINE TOULOUMES, PLAINTIFF V. MEGAN TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3518 : CIVIL ACTION -CUSTODY CERTIFICATE OF SERVICE I, LeRoy Smigel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Petition for Modification of a Custody Order on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the _?4_"_Iay of April, 2003, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 SMIGEL, ANDERSON & SACKS By: e LeRoy Sm' el, squire I.D. 09617 Ann V. Levin, Esquire I.D. # 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff {J CD n 777 tt ? ? "? -ri oA ` ( ? NJ ?ta CONSTANTINE TOULOUMES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-3518 CIVIL ACTION LAW MEGAN TOULOUMES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, May 09, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, June 05, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S Sunday, Esq 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 VD 44V AV i!"iV/0,k NN d r, CONSTANTINE TOULOUMES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 CIVIL ACTION LAW VS. ' MEGAN TOULOUMES Defendant IN CUSTODY ORDER OF COURT 2003, upon AND NOW, this i ` day of Q f consideration of the attached Custody Conciliation Rep ordered and directed as follows: 1. The prior Order of this Court dated October 11, 2002 shall continue in effect as modified by this Order. 2. Paragraph 1 of the October 11, 2002 Order is vacated and replaced with the following provision: The parties shall engage in a course of mediation with Arnold Shienvold, PhD. The purpose of the mediation shall be to assist the parties in resolving conflicts which have arisen with respect to custody of their daughter. The parties shall follow the recommendations of the mediator with regard to the frequency and duration of the sessions. All costs of mediation which are not covered by insurance shall be shared equally between the parties. 3. Paragraph 3 of the October 11, 2002 Order is vacated and replaced with the following provision: The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Thursday at 2:00 pm when the Father shall pick up the Child at preschool through Monday morning, when the Father shall return the Child to preschool. During the interim weeks, the Father shall have custody of the Child from Thursday morning, when the Father shall pick up the Child at preschool through the following Friday morning when the Father shall return the Child to preschool. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father. Mndm,is??Naa 4. Counsel for either party may contact the conciliator within sixty days after completion of the course of mediation to schedule an additional custody conciliation conference, if necessary. BY THE COURT, cc: LeRoy Smigel, Esquire - Counsel for Father U 7 // 03 Samuel L. Andes - Counsel for Mother «. CONSTANTINE TOULOUMES, Plaintiff VS. MEGAN TOULOUMES Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 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 CUSTODY OF Marianna Constantine Touloumes April 19, 1999 Mother / Father 2. A Conciliation Conference was held on June 25, 2003, with the following individuals in attendance: The Father, Constantine Touloumes, with his counsel, LeRoy Smigel, Esquire, and the Mother, Megan Touloumes, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. c?c ali , aoo3 Date Dawn S. Sunday, Esquire Custody Conciliator CONSTANTINE G. TOULOUMES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-3518 CIVIL ACTION LAW MEGAN C. TOULOUMES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday February 24, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, March 25, 2004 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. 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/ Dawn S Sunday. Esq. 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 Sheet Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 un. ,o s I :? !;'d S e?j h00Z riJb:I G Jam; {_Ot.;d } li X10 `V CONSTANTINE G. TOULOUMES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-3518 CIVIL ACTION LAW MEGAN C. TOULOUMES Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ,4xN? 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated October 11, 2002 and July 11, 2003 shall continue in effect pending completion of the custody evaluation and further Order of Court or agreement of the parties. 2. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations regarding issues in dispute between the parties and concerning ongoing custody arrangements which will best serve the Child's needs and interests. The parties shall sign any authorizations deemed necessary by the evaluator to obtain additional information pertaining to the Child or the parties. The parties shall cooperate in scheduling sessions with the evaluator and completing the evaluation in a timely manner. 3. In years when Eastern Orthodox Easter and Western Easter fall on the same day, the parties shall share having custody of the Child as follows: A. In 2004, the Mother shall have custody of the Child from Saturday, April 10 through Sunday, April 11 at 1:00 pm (or in sufficient time for the Father to take the Child to Church if the Father's service is at 1:00) and the Father shall have custody of the Child from Sunday at 1:00 pm through Monday, April 12 when the Father shall take the Child to daycare. B. In 2008, the Father shall have custody of the Child for the Easter holiday from Saturday at 9:00 am through Sunday at 1:00 pm and the Mother shall have custody from Sunday at 1:00 pm through the following Monday morning. A1.N'?!`dn0 O]IP C. Thereafter, unless otherwise agreed, the parties shall continue to alternate having custody of the Child for the first and second parts of the Easter holiday in the same manner as provided for 2004 and 2008. 4. Counsel for either party may contact the conciliator within sixty days of receipt of the custody evaluator's recommendation to schedule an additional custody conciliation conference, if necessary. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. in the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: ' 3?ames R. Demmel, Esquire - Counsel for Father c.8'amuel L. Andes} Esquire - Counsel for Mother I ap-al, 04-1q -O? CONSTANTINE G. TOULOUMES Plaintiff VS. MEGAN C. TOULOUMES Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 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 its the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Marianna Constantine Touloumes April 19, 1999 Mother /Father 2. A Conciliation Conference was held on April 7, 2004, with the following individuals in attendance: The Father, Constantine G. Touloumes, with his counsel, James R. Demmel, Esquire, and the Mother, Megan C. Touloumes, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator CONSTANTINE TOULOUMES, PLAINTIFF V. MEGAN TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - CUSTODY MOTION FOR COURT APPOINTMENT OF CUSTODY EVALUATOR AND NOW, comes Plaintiff Constantine Touloumes, by and through his attorneys, Smigel, Anderson & Sacks, and files this Motion for Court Appointment of Custody Evaluator and in support thereof avers as follows: Plaintiff is Constantine Touloumes, who resides at 3 West Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Megan Touloumes, who resides at 1159 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of Marianna Constantine Touloumes, born April 19, 1999. 4. Plaintiff filed a Petition for Civil Contempt for Disobedience of a Custody Order on February 18, 2004, as a result of which the parties and their counsel attended a custody conciliation with Dawn Sunday, Esquire on April 7, 2004. At the custody conciliation, the parties agreed to participate in a custody evaluation to be performed by a professional selected by agreement between the parties. A true and correct copy of the April 14, 2004 Order of Court is attached hereto as Exhibit A. 6. The parties agreed that the appropriate evaluator must be a licensed psychologist who can perform psychological testing as part of the evaluation. The parties did not reach an agreement regarding payment of the cost for the custody evaluation, but planned to reach an agreement before the evaluation began. 8. The parties have been unable to agree on either the professional to perform the evaluation or the manner in which the costs will be divided. 9. Defendant will not agree to have the following evaluators conduct the evaluation for the following reasons: a. Vincent F. Berger, PhD - Defendant believes Dr. Berger has a connection with Plaintiff's counsel's office. b. Steven Lindenberg, EDD - Defendant's counsel was involved in an unrelated licensing issue with respect to Dr. Lindenberg. C. Kasey Shienvold, Psy.D. - Dr. Kasey Shienvold works in the same office as Dr. Arnold Shienvold, who conducted mediation with the parties in the past and subsequently disqualified himself from performing the custody evaluation. Although Dr. Kasey Shienvold has agreed to perform the custody evaluation, Defendant believes it would be a conflict of interest for him to do so. 10. Plaintiff will not agree to have Stanley Schneider, EDD or Pauline Wallin, PhD conduct the evaluation based on Plaintiff s counsel's dissatisfaction with the quality of past evaluations and reports from those evaluators. 11. Henry Weeks, PhD is available and qualified to conduct the custody evaluation. A copy of Dr. Weeks' C.V. is attached hereto as Exhibit B. 12. Plaintiff has no objection to having Dr. Weeks conduct the custody evaluation and suggested Dr. Weeks to Defendant as the proposed evaluator. 13. Defendant will not agree to have Dr. Weeks perform the custody evaluation because her counsel has not had him perform evaluations in the past, which is an inadequate reason for her refusal. 14. Defendant has not provided any substantive reason for refusing to have Dr. Weeks perform the evaluation. 15. It is in the child's best interest to have the Court appoint Dr. Weeks as the evaluator so that the custody action can move forward and she can have stability in her life. 16. Although both parties agreed to participate in the custody evaluation, Defendant has refused to split the cost of the evaluation equally between the parties. 17. Plaintiff has assumed large amounts of marital debt since the parties separated, but Defendant has assumed virtually none of the marital debt. 18. Plaintiff's financial situation is not superior to Defendant's financial situation, so the parties should share equally the cost of the evaluation. WHEREFORE, Plaintiff Constantine Touloumes respectfully requests this Honorable Court enter an Order directing that: Henry Weeks, PhD be appointed to conduct the custody evaluation, including psychological evaluation of the parties; 2. The parties equally share the cost of the entire custody evaluation, with each party responsible for 50% of the total cost; 3. The parties make payment to Dr. Weeks within ten (10) days; and 4. Any other equitable relief this Court deems appropriate. Respectfully submitted, SMIGEL, ANDERSON & SACKS Date: By: I eR Smigel, Esquire I.D. W-09617 es R. Demmel, Esquire I.D. # 90918 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2,401 Attorneys for Plaintiff APR 1 2 7004 CONSTANTINE G. TOULOUMES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3518 CIVIL ACTION LAW MEGAN C. TOULOUMES _ Defendant IN CUSTODY-1 ORDER OF COURT AND NOW, this J1 I+h day of 0- , 2004, upon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as follows: 1. The prior Orders of this Court dated October 11, 2002 Emd July 11, 2003 shall continue in effect pending completion of the custody evaluation and further Order of Court or agreement of the parties. 2. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations regarding issues in dispute between the parties and concerning ongoing custody arrangements which will best serve the Child's needs and interests. The parties shall sign any authorizations deemed necessary by the evaluator to obtain additional information pertaining to the Child or the parties. The parties shall cooperate in scheduling sessions with the evaluator and completing the evaluation in a timely manner. 3. In years when Eastern Orthodox Easter and Western Easter fall on the same day, the parties shall share having custody of the Child as follows: A. In 2004, the Mother shall have custody of the Child from Saturday, April 10 through Sunday, April 11 at 1:00 pm (or in sufficient time for the Father to take the Child to Church if the Father's service is at 1:00) and the Father shall have custody of the Child from Sunday at 1:00 pm through Monday, April 12 when the Father shall take the Child to daycare. B. In 2008, the Father shall have custody of the Child for the Easter holiday from Saturday at 9:00 am through Sunday at 1:00 pm and the Mother shall have custody from Sunday at 1:00 pm through the following Monday morning. EXHIBIT --n C. Thereafter, unless otherwise agreed, the parties shall continue to alternate having custody of the Child for the first and second parts of the Easter holiday in the same manner as provided for 2004 and 2008. 4. Counsel for either party may contact the conciliator within sixty days of receipt of the custody evaluator's recommendation to schedule an additional custody conciliation conference, if necessary. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, S Kevin A Hess J. cc: James R. Demmel, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and/?he seat of sa1d Court Carlisle, Pa. fh/s/...... 1. q..... m bf.... ......., A CONSTANTINE G. TOULOUMES Plaintiff vs. MEGAN C. TOULOUMES Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 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 CUSTODY OF Marianna Constantine Touloumes April 19, 1999 Mother /Father 2. A Conciliation Conference was held on April 7, 2004, with the following individuals in attendance: The Father, Constantine G. Touloumes, with his counsel, James R. Demmel, Esquire, and the Mother, Megan C. Touloumes, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator FAX To AAII MSC"T b SACx3 ( 717-23.4-36111. .. . Attention: T. DPI, xsQ. Total Pages: 7 From: Henry Weeks. Ph.D. (717-243-31164) Date: 05/05/04. O(HIR . [0'd 9Z:8 VOOZ 9 ABW ` 409 211 Echo Road Carlisle, PA 17013-9510 hweeks@epix.net -PERSUNEkr INFO?I?TSTION• Henry M Weeks, IV, Ph-I). (717) 24.9-8382- office phi.fax ('717) 243-316_4.- Home ph/faar _ ,........ ..... Born: February 1,-1937 Philadelphia, PA Married, 2 grown daughters. E?T?CATION r )8( 51ftV• Purdue University, Lafayette, IN Received Ph.D. Degree 1963, Major - Clinical Psychology, :Minor _ Counseling and Guidance Received M.S. Degree 1962, Major -Clinical Psychology, Minor - Counseling and Guidance Lafayette College, Easton, PA Received B.A. Degree 1959, Major - Psychology, Minor _ Education Recipient: James MCKeen Cattell Award in Psychology PROFECS ONAL F FNU& &• Licensed Psychologist #PS-001848-L - Commonwealth of Pennsylvania Diplontate of the American Board of Psychological Specialties in Clinical Psychology and Neuropsychology - Diplomate of the American Board of Forensic Examiner, Licensed Psychologist #CP 2838, issued by California Board of Medical Examiners (Inactive) Marriage, Family and Child Counselor #1042, issued by California Department of Professional and Vocational Standards (Inactive) Standard Teaching credential #2655, issued by California State Board of Education (Inactive) Se1JBERNATARiAr POINT71?FTT7 S Pennsy State Board of Psychology Examiners - Senate Confirmation 2000, 1996, 1985 and 1983 Governor's Task Force for Children's Mental Health services - 1972-1975 uffREN 17 . America College of Advanced Practice Psychologists National Register -Health Service Providers in Psychology Dictionary of Intonational Biography -1971 Who's Who in North America 1967 Who's Who in the West' 1966 - ,14?E1??FSC? Association of State and provincial Psychology Boards, elected to Fellow .. . American Psychological AssoCiatrom A""atiorr for lied P APP sYchvphysiology and Biofeedback Chair Ethics Committee Society for Nenonal Regulation, Chad. Ethics Committee eurothempy and Biofeedback Certification Board, Ethics Chair N'd 9Z:8 VON 9 7CeW 008 2 MOFESSIO.NAi.IMIEAUNCj I E (Current) 1969 - Present 'P!ine Practice Conduct a part-time clinical practice providing psychotherapy, biofeedback, nemotheiapy,and evaluations of children, adolescents, adults and families for the courts, practitioners and employers. Clinical practice includes diagnosis and treatment of mentally ill, mentally retarded, .learning impaired and impaired children, youth and adults. Additionally, work with intact individuals, fanulies and groups and groupsc to improve performance and enhance skills. to Coadnct evaluations for custody/parental competency cases and for educational or vocational pmtposes. Provide evaluations of persons with cnannal charges for wardens medical stat prosecutors . attorneys. Provide consultations and and defense testimony on competency issues, as_wellas.diagnostic and treatment potential of persons is prison. Consult with nursing home stag on resides' behaviors and provide evaluations and treatment of elderly residents and developmentally disabled persons. Wodc with substance abusers, alcoholics and their families, as well as with mentally ill and characteroloocally disordered in residential and.pa till programs. - Provide management consultations to various federal, state and local agencies and private educational and mental health agencies. Consultant to businesses on organizational d employee issues. Conduct workshops/se ium for management and Mpmiscry ? ? management and consultation and training for team buildingcommunications, treatment planning and docrtioa, Review medical evidence to derermine if psyehiatdc impairments are sufficient to cause an individual to be considered disabled in accord with federal standards for the Pa Brmeau, of Disability Determination PP EVIOi7S PROFESSION i' xPFR 1992 - 1999 P ho 'e3st Mavn,?.oK ?Y?1R-?. Harrisburg State hospital Harrisburg PA. 1486 -1987 Provided management of Psychological Services and supervised doctoral and masters level staff. Reviewed hospital treatment records for compliance with Medicaid and JCARO standards Carried out administrative functions, provided clinical supervision, training and quality assurance reviews. Developed. cognitive rehabZtabou and behavioral moMcation programs for chrcntieally impaired patients, . 1991 1992 ? r Psvcho0o W Service; Haverford State Hospital, HaverftA PA Directed the clinical - ..._,..._ . psychology services and staff. Coordinated departmental efforts with those of other depaitmeuts. Developed standards of practice and quality assurance. Revised procedures and policy for hospital's system of Treatment Planning and Review. Developed treatment team operational manual. Trained acid directed coordinators grid staff of fourteen iriterdiscipliiiary Creattuent Participated in hospital adm ""strative, clinical add research evaluation COMmdWes. Providdd direst oli &d services, evaluations and consultation for difficult or forensic cases. Concluded case coaferdnces dnd ni_service clinical blaiukg. Consulted with Attorney General's office on clinical issues about pm.eatcare. £0'd 9Z:8 b00Z 9 AeW 049 1997-1991 &OZLg O$ce of Policy, Evats on and Dever Department of Public Welfare, Hamrisbung PA On special assignment to Welfare policy office to advise Secretary and Deputy Secretaries of Welfare on Pro$aIDmaue issues which impact on the development of policy and ad ministration. Advised on sWaggies for implementing or ehaog`g program direction- Provided second Evaluated Proposed Plans and cmrtnt operations- opinion on program office initiatives. and general public- Participated in nt OPc ' Interpreted state and federal policies for cmrecmve staff pmg ttwuntion docmnents for incoming admmutration :..: , Assigned the responsib$ity'fur statewide implementation of Federal EMU Home 87) which impacted 630 nursing facilities in the state. Coerdi dated im ?o (OBRA- of Aging, Education, Health " providers y efforts wish Departments providers and consumer advocates ' Govem&s Offices of Policy acid Budget, Coordinated input from man new policies and procedures with requirements of thirteen departmental offices. Developed initial budget p *c&ms for the Camrauouwealth'ssompliance with federal regmirernents. Oversaw officc budgets for this project Participated is phmrmtg for reorganization of governmental long term care services. Advised office of mental health director on statewide programmatic issues and budget concerns. Reviewed hospital treatment records fur compliance with Medicaid, Medicare and JCAHO requiremeNS, Trained psychologists in Medicaid standards, procedures and compliance. .lmr incidents. estgated.patrent care. 1976-1986 Special caia6tntfurTno:cl ?: . aud Policy Oiace ofMental Health Pennsylvania Department of Public Welfare, Flarrisbmg, PA On special assignment tO advise statewide Office of Mental Health (()W on Clinical Policies and clinical issues. Evaluated proposed legislation and developed legislative initiatives, Interpreted OMH Policies to state hospital, county MH units and provider agency clinical staff. Responsible for statewide implementation of the M ratan Aealdr p,rP Act of 1976 (Act 143-76). Developed and implemented regulations for Act 143, Developed transition plan for new commitment procedures for patients covered by repealed statute. Developed and implemented statewide standards for involuntary examination and treatment services. Designed and conducted statewide training on standards and procedures. Monitored and resolved problems with application of Mental Health. Law relating to treatment. Developed and implemented statewide standards and regulations . . en $es?amt and the Conft im of Patient t Otnati on for bti_nrs Riohtc Par;p.,t 4M ? - Evaluated hospital programs and component clinical services for compliance with treatment, >CAHO, Medicare, and Medicaid and administrative standards. Worked with forensic units and Forensic State Hospital in statewide review of forensic patient population. Consulted with clinical, dnectms oa Programming effoo to address the specific needs of different target groups. Conducted statewide quality management training for climciaos and managers in all state . hospitals. Developed and monitored-standards for the practice of cholo . _.. .. Consulted with p?' y in -zate mental health facilities personnel office and labor relations staff on policy issr es, classification concerns, specification, changes individual employee problems and psychologist selection processes. Consulted with hospital managers on Psychological services, departmental orgauization and clinical privileging. Prepared specifications for state Civil Service job classes. b0'd 9Z:8 b00Z 9 7CeW 008 Conducted haiuing programs in orgniratonal development and change manage for senior level managers Tareg}d courses in 1975 - 1976 pirtttur. Bureau of Research and trainmpa Office of Mental Health, Pennsylvania Department of Public. Welfare On special assignment to design a trainnig program for county Community Mental Heath Admmstratars and contact agency administrators. Designed and implemented a bleeds Analysis for assessing statewide teaming needs in Community Mental Health Administration, prepared and monitored contract for curl is stet design and tonal structure involving several universities. Defined problem for P gaut application. Supervised Contract to private: firm for course content. . PA 1972-1975 LrogSBm Director Commmity Mental Health Center, Holy Spirit o-Vital, Camp Tarn, Responsible for plarm developing, opening and the initial direction of comprehensive services in a newly constructed 27-bed mental heath Beata. Started, and eoerdineated five clinical services. Warred with hospital administration and community representatives in establishing a fun spectrum of services for patients of all ages. Integrated new program with hospital. Prepared and Subsequently implemented an NIMIi-CM1IC siaf6ag grant, Recruited, selected and oriented clinical staff for irrpatienY, outpstient partial hospitalization, crises and consultation and education services. laitiated separate children's services and early intervention behavioral training progam 1969 -1972 ProWM Consultant for unerimea ft Sorg State Hospital, Hamsbmtg, PA On special assignment to work in the community, consulting with local health pracetiomers, agency heads and governmental leaders to assist a community hospital in the design and coustruction.of mental health center building and the design of a clinical service program. Conducted a catelmment area needs assessment Prepared NIMH CMHC construction grant, worked with. arc. administration during construction httenttRal firm hospital .. Participated in. State Hospital executive committee. Planned hospital budget. Consulted with hospital units and departments- Provided consoltation.in managemeaf, eondnded clinical-training and human relations seminars. Retained overall responsibility for hospital-wide lpsydwlegieal and educational services. Trained and supervised volunteers to provide services to clients of two yew. communit3 .drog.abuse..._ clinics: 1967 -1972 Djazi r_ Psychological Services Harrisburg State Hospital, Harrisburg, PA Directed the psychological and educational services Programs with other hospital departments and coordinated dcpaximental.treatment Programs. Fostered research by students in biofeedback training Developed and administered New Careers Program, Neighborhood Youth Corps Training Pr city youth Supervised staff. Conducted clinical for tra'n'oB Prograins• Participated tin planning a hospital r eorganizaYiam. Conducted evaluations and therapy for seriously mentally Ul persons, as well as for.penoos with substance - abuse problems. 90'd LZ:8 b00Z 9 AeW He 1965 - 1967 °O? Modesto State Hospital, Modesto,.CA Responsible for the admidstrapon, supervision and coordination of a National Instinrte of Mensal Itealrh foaded Hospital LVrovetmont Project (S lo0,ooo year) including pragam develn and evaluraoa TYnined and supervised psychol Pm1; implementation technicians in individual, group and fatal mss' Pssbattic social worlrars, PsYrlda>ric nurses and catammudry clinical liaison. Y psYchothMM and hehavioral reinforcement, Provided Demonstrated, with research, trea[memt effecri dmov& discharge and recidivism races. Participated in closing hospital, v?esa, '° 1964 - 1965 SWIEW'alQ;?r Modeaw State Hospital, Mod=o, CA 90'd L1:8 UOOZ 9 new ' 009 - PROFESSIONAI': ERPERIF:IITCBJPAItT TfMF- 19 2 - 975 oncnlting C..limgg Psvc "st_ Carlisle Counseling Cento, .Carlisle, PA Consulted with treatment staff on individual cascs and couductnd,psycholggical evnltral'm of, children and adults for courts, public agencies. insurance cons wiles rind health service providers. Provided psychological cvaluacsions for persons in Cumberland. County prisc' 1973 - 1975 RWA2W st= Harrisburg State Hospital Adolescent Unit Hatrisbuz: pA . Consulted with adolescent unit aearment teen, mperviscd s4ccwd therapy cases, provided biofeedback training, conducted psychological evaluabom designed training program £(r staff. 19,71-1972 Consulting k. hnlnvicr William Paige Drag trap-in center yolk PA Provided clinical services to substance abuse clients and first o$enders, cpnsplt w ed adaan ith,progtam iistratora and taogbt . . program Staff clinical skills. . 1969 - 1972 Clinical Psvcholordst MUNM Service, Camp MM PA Provided clinical services for children, adolescents and families; in county-funded $ase Service unit and outpatient clinic. PART TE%j E POSMONS PRIOR TO PA_ 1967 Member. sward of Directaas_Stanislmn County Mental. Health Association, Modesto, CA 1966-1967 batwa Modesto Junior College, Modesto, CA 1965 - 1967 Chairman. Board of Directors. Mid-Valley Behavioral Science Foundation, Modesto, CA 1965 -1967 Consultiza Clinical P.gycholos ist Catholic Social Services, Modesto, CA . 1965 - 1967 Contractual PavrMagist Stenidaus County Menial Health Serncea, Modesto . CA_ .... 1964 - 1967 Private Yiactioe -..Child .P sycbalog Modestq CA 1964 - 1965 Staff Psvcholordst Modesto Statc Hospital, Modesto, <A 1964 Staff Pwchalo ¢icr_ Cass County Guidance Center jmgensport, IN 1963 - 19" S_taffPsrocholne±st Logansport State Hospital, Logansport, IN 1960 - 1963 hz&wmpw-cholosv lnhxa Logansport State Hospital. )Logansport,, IN 1960-1961 OndiM rea?WW Aagg&t Psychology Depsriment, Pardue Uji1verwty, T.sfayette, IN 1959-1960 Graduate Tescbing Assistant Education Department; Purduc University„, Lafiaycttc, IN LO'd LZ:8 VON 9 aeW 008 CONSTANTINE TOULOUMES, PLAINTIFF V. MEGAN TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff's Motion for Court Appointment of Custody Evaluator on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the _141 ) day of May, 2004, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 By: ANDERSON & LeR Smigel, Esquire LD. # 09617 ,lanfes R. Demmel, Esquire I.D. # 90918 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff N I J r CJ T I . n n Y ^(Ti LA CONSTANTINE TOULOUMES, Plaintiff Vs. MEGAN TOULOUMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 CIVIL CIVIL ACTION - LAW CUSTODY IN RE: MOTION FOR COURT APPOINTMENT OF CUSTODY EVALUATOR ORDER AND NOW, this *9 * day of May, 2004, a brief hearing on the within motion is set for Friday, June 11, 2004, at 4:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, V eRoy Smigel, Esquire For the Plaintiff ,lamuel L. Andes, Esquire For the Defendant :rlm / 14 e-r\ q M ?ee? s ? S Q$-l9'd ?I 9S:01!tw G1 PH 40Z 3H ?O SMIGEL, Ada'IBMRSON & SAe;rrMLLP ATTORNEYS AT LAW 4431 NORTH,, FROIT STREET HARRISBURG, PtRN??5YLVANIA 17110 (7171234-2401 ?-'- -? CONS FAN FINE TOULOUMES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3518 MEGAN TOULOUMES, DEFENDANT CIVIL ACTION - CUSTODY ORDER OF COURT Si\ii?Si)?I Liles dayol` - / --, 2004, upon consideration of the attached Molion for Court Appointment of Custody Evaluator, it is hereby ORDERED, that: I. 1lcnry Weeks, PhD is appointed to conduct the custody evaluation, including psychological evaluation of the parties; 2. The parties shall equally share the cost of the entire custody evaluation, with each party responsible for 50'9a of the total cost; and 3. The parties shall make payment to Dr. Weeks within ten (10) days, BY THE COURT: Distribution::30-yn2S RA?)cmMGl r,t Esquire. 4431 North Front Street, IlalTisburg, PA 17110 ?amuel L. Andes, Esquire, 525 North'I wclhth Street, P.O. Box 168, ;Lemoyne, PA 17043 ?kluvy M.'Weel.s, IV, PhD, 211 Echo Road, Carlisle, PA 17013-9510 1 I t L7 .I ? s: ?4 lu L,cf1 ?la w?l?'NI1"NF MNII IN 110 lImIINMmlllnmm11111111111 11111111111 111 PI I "I ///January 20, 2005 8:59 AM CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE MOTION FOR APPOINTMENT OF MASTER Constantine Touloumes, Plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce ( X ) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The non-moving party has appeared in the action by her attorney, Samuel L. Andes, Esquire. 3. The statutory ground(s) for divorce are 3301(c) and 3301(d). 4. The action is contested with respect to the following claims: alimony, alimony pendente lite, distribution of property, counsel fees, costs and expenses. 5. The action involves complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: SMIGEL, ANDERSON &SACKS, LLP Date: ` Z l as By: eRoy igel, Esquire I.D. #09617 7 e . Demmel, Esquire I.D. #90918 4 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, Attorney for Plaintiff, do hereby certify that on the ? // day of January, 2005, I served a copy of Plaintiff s Motion for Appointment of a Master, Plaintiff s Inventory and Appraisement and Plaintiffs Income and Expense Statement in the above-captioned matter, by depositing same in the United States Mail, first class, postage paid, addressed as follows: SAMUEL L. ANDES, ESQUIRE 525 NORTH 12TH STREET LEMOYNE, PA 17043 SMIGEL, ANDERSON & SACKS, LLP kEItoy migel, Esquire I.D. 409617 JBR6 R. Demmel, Esquire I.D. #90918 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff nq <-'? . ' 1J? 7 ? ? ._ ;. `?% :, yi t 7 CONSTANTINE G. TOULOUMES, PLAINTIFF v. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF C ONSTANTINE TniTLC)iIMFS INCOME STATEMENT OF C ONSTANTINE TOULOUMES Employer: Sun Motor Cars BMW Type of Work: Auto salesperson Pay Period (weekly, biweekly, etc.): Biweekly Gross Pay per Pay Period $ 1,000 per month draw 4- commissions (varies) Federal Withholding $ varies Social Security $ varies Medicare $ varies Local Wage Tax State Income Tax Retirement Health Insurance Net Pay per Pay Period $ varies $ varies $ varies $ 76.55 biweekly health insurance premium $ 3.85 biweekly vision insurance premium $ 29.93 biweekly dental insurance premium $ varies EXPENSES Weekly (or) Monthly (or) I Y early HOME_ - - - - - --- ---- -- --- Mortgage - term 30 years $ 288.46 $ 1,250.00 $ 15,000.00 Maintenance $ 20.00 1 $ 86.67 1 $ 1,040.00 Electricity $ 28.85 $ 125.00 $ 1,500.00 Gas $ 33.23 $ 144.00 $ 1,728.00 Oil $ 69.23 $ 300.00 1 $ 3,600.00 Telephone (landline) $ 8.08 $ 35.00 $ 420.00 Telephone (cellular) $ 13.62 1 $ 59.00 $ 708.00 _ - Water & Sewer $ 23.08 $ 100.00 $ 1,200.00 Real Estate Taxes ?$ 69.23 $ 300.00 ?$ 3,600.00 j INSURANCE Homeowners Insurance $ 18.46 $ 80.00 $ 960.00 ---- --- ----- Automobile Insurance - - -+ -- $ - -- 24.89 S ----- - 107.86 1 $ 1,294.32 Life Insurance $ 23.08 $; 100.00 L$ 1,200.00 - Health Insurance - - - $ 165.74 $ _ 718.21 I $ _ 8,618.48 Motorcycle Insurance $ 20.77 1 $ 90.00] $ 1,080.00 AUTOMOBILE Automobile Payments $ 150.00 1 $ 650.00 $ 7,800.00 Automobile Fuel $ 40.00 1 $ 173.33 $ 2,080.00 Automobile Repairs $ 42.31 $ 183.33 $ 2,200.00 MEDICAL Doctor $ 4.81 $ 20.83 $ 250.00 Dentist $ 5.77 $ - 25.00 1 $ - 300.0011 Hospital $ 3.85 1 $ 16.67 1 $ 200.00 1 Medicine $ 19.23 $ 83.33 $ 1,000.00 I I i EXPENSES PERSONAL Clothing $ 69.23 $ 300.00 $ 3,600.00 - - - - - - - - - - Laundry/Dry Cleaning ' $ 40,00 j $ 173.33 $ 2,080.00 _ - - - Lunches $ 11.54 $ 50.00 $ 600.00 Food $ 100.00 - $ - 433.33 $ 5,200.00 Barber/Hairdresser $ 11.54 $ 50.00 $ 600.00 Credit Payments - - - -! $ 461.54 ) $ -_ - 2,000.00-i, $ 24,000.00 i LOANS - - --- - ------ Dean Touloumes loan r $ 46.15 $ 200.00 $ 2,400.00 Scott Avery loan - - $ 46.15 1 ,$ 200.00 $ 2,400.00 - - - MISCELLANEOUS Gym Membership --- -- $ --- -- 6.92 ----- $ - - 30.00 $ ------i- 360.00 - ---- PapersBooks/Magazines---- $ 11.54 I $ 50.00 $ 600.00 Entertainment - ---- -- -- --- -- $ ---- - - - - 69.23 ---- $' - -- 300.00 $ -----00 $ 3'600.00 ------ Pay TV $ 11.07 $ 47.98 $ 575.76 - - Vacations $ 57.69 $ 250.00 $ 3,000.00 Gifts $ 57.69 $ 250.00 $ 3,000.00 Lega] Fees - - -- ------ $ --- - 115.38 -- I $ --- 500.00 $ ------ 6,00000 _ Church or Synagogue $ 96.15 i 1 $ 416.67 $ 5,000.00 - - -- - - Total Expenses $ 2,284.51 $ 9,899.54 $ 118,794.56 VERIFICATION I verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Z? ?5 CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served and true and correct copy of the foregoing Income and Expense Statement of Plaintiff Constantine Touloumes on counsel for the Defendant by placing same in the U.S. Mail, first class, postage paid on the Z 7 day of January, 2005 addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 By: SMIGEL, ANDERSON & SACKS, LLP Lego imigel, Esquire I.D. #: 09617 3anfes R.. Demmel, Esquire I.d. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff p,,.+ t-i t ') :.??? ?.)? _I C.- _ _ .?-, %il : - fa -^' ?_?y[ _. ?i?i ?' CONSTANTINE G. TOULOUMES, PLAINTIFF v. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE INVENTORY AND APPRAISEMENT OF PLAINTIFF CONSTANTINE TOULOUMES /INVENTORY & APPRAISEMENT/ ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. O 1. Real property (X) 2. Motor vehicles O 3. Stocks, bonds, securities and options O 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates O 7. Contents of safe deposit boxes O 8. Trusts O 9. Life Insurance policies (indicate face value and current beneficiaries O 10. Annuities O 11. Gifts O 12. Inheritances O 13. Patents, copyrights, inventions, royalties O 14. Personal property outside the home O 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company.) O 16. Employment termination benefits - severance pay, workman's compensation claim/award O 17. Profit sharing plans O 18. Pension plans (indicate employee contribution and date plan vests) O 19. Retirement plans, Individual Retirement Accounts O 20. Disability payments O 21. Litigation claims (matured and unmatured) O 22. Military/V.A. benefits O 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute (X) 26. Other N N N N I C I a, ? ' cr w N N ? ?'w ICI crw I c ? w n c'wN I o f I 00 cl? --I o Q ?. ro Iii a? cf) o CD lc? to aI x yl alo h III ICI I?ai?l ?? y b i l? l i ??I I I?I I i??l V I I I ICI II II II Iljlllll? o, o ?o o ?o o`- o o ?I Ila I? y ?cr ICI ?° O al i?l I lal I al V I I I lal j? ?I -4?? to ??o ? I to lo?ofio f I? r 7? 0' 0' CD I?I 0 0 (D 0 QCD 0?I ?0?I MINI CD Q QIn 0 ?I .. !. Q D 1 ° e D w N N 'J 'J 5 C mow lal ja.a as a a'la' I olol?l I I I I I I I 1 1 1 1 1 1 1 oo?IN I I I I I ? ?? ?,? LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages SECURED O 1. Mortgages O 2. Judgments O 3. Liens O 4. Other secured liabilities UNSECURED (X) 5. Credit card balances (X) 6. Purchases O 7. Loan payments O 8. Notes payable O 9. Other unsecured liabilities CONTINGENT OR DEFERRED O 10. Contracts or Agreements O 11. Promissory notes O 12. Lawsuits O 13. Options (X) 14. Taxes O 15. Other contingent or deferred liabilities I I 0) ul i N3 O cn o-I N ?I co ZI ? 1 ? C) fU p CD ti p D CD CCD :m ?(.0 W?, I] c ID ?CCD QI IQI I I ? I I Q , ,I ?(4J I W? I A1 V1 Itfl? IfAI 10 A IN 0 W O OD A co (T n O cn V co O A N) Cy 2.I O - _ _ y I ! ? i I I I i IIII ?? ? ?3'? IQI I"'I ??I I? IQI IIII illlllllllll°Ilo I ? I I Idol 1- -? I I I I C IIIIIIII?IIIIIIIIIi?IO N ) ?I, Ii oI Gn N COifA. WIN CD NiCO(A I O?I O I ICA ?. \ \ \I\ \ \I\ CD Cl C) C:) a n n I lf IoI D? l< ? N ZI T- :E o o_oooo ( c ? ? of olo to CXD m MI T. CD IQI C" Cr IQI y C1 N CD N Q a' o-I al CL I'4 CX Via) (0 m O CDI OI ICI 10- mc?a-4CnWC)M AW N 0 p. C) Ln 0 0) -4 a) 00 I'4 (0 NIN (O V -N NI O' is N V O O b VERIFICATION I verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Z ?S CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Inventory and Appraisement of Plaintiff Constantine Touloumes on counsel for the Defendant by placing same in the U.S. Mail, first class, postage paid on the n day of January, 2005 addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 SMIGEL, ANDERSON & SACKS, LLP By: Le y S igel, Esquire I.D. #: 09617 Ja e . Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff r-> ?"l ("i 1 , .?? t_..- t ?? _,i r ? 6246-1-4 CONSTANTINE G. TOULOUMES, PLAINTIFF v. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE i,?.r P Tl.? 1 l for ]..1 Rf [ L. Ja,.es R. DemniG, Esi?tU.. e071iisei r?ai ut,lu iri iul. 0.bv'v'e ?dptAne Itiaiter, do ?cre by certify that I served a true and correct copy of the foregoing Plaintiff's Answers to Defendant's Request for Production of Documents on counsel for Defendant by placing same in U.S. Mail, first class, postage paid and addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 SMIGEL, ANDERSON & SACKS, LLP -31L-// I Date: 5 By: _ Le y S Igel, Esquu-e LD. #: 09617 Jame . Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff ' `' 1 i, :+ rl ti. CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE PETITION FOR BIFURCATION OF DIVORCE AND NOW, comes Petitioner Constantine G. Touloumes, by and through his counsel, Smigel, Anderson & Sacks, LLP, and files this Petition for Bifurcation of Divorce and in support thereof avers as follows: Petitioner is Constantine G. Touloumes, Plaintiff in the above-captioned divorce action. 2. Respondent is Megan C. Touloumes, Defendant in the above-captioned divorce action. Petitioner initiated the above-referenced divorce action on February 9, 2004, seeking a divorce under Section 3301(c) or (d) of the Divorce Code on the grounds that the marriage was irretrievably broken. 4. The parties separated on December 8, 2001. The parties have been separated for more than two years as required by Section 3301(d) of the Divorce Code. 5. Grounds for divorce exist pursuant to 23 Pa.C.S.A. §3301(d). 6. Respondent will not be harmed by the entry of a divorce decree and the bifurcation of the divorce from the economic issues in this matter. If the divorce claim is resolved, it will allow the parties to restructure their personal lives after a separation of more than three years. Respondent will not be prejudiced by the granting, of a divorce decree prior to the adjudication of the economic issues of this divorce. WHEREFORE, Petitioner Constantine G. Touloumes respectfully requests that this Honorable Court enter an Order granting his Petition for Bifurcation and reserving jurisdiction over any ancillary economic claims. Date: 1 I6-'( Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP By:Vx )rv?-w/ LeRoy Smil; , Esquire Y.D. # 09617 James R. Demmel, Esquire I.D. # 90918 4431 North Front Street Harrisburg, PA 1711C (717) 234-2401 Attorneys for Plaintiff CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, LeRoy Smigel, Esquire, hereby certify that I served a true and correct copy of Plaintiffs Petition for Bifurcation of Divorce upon counsel for Defendant by depositing same in the U.S. Mail, postage prepaid for first class mail, on June, 2005, addressed as follows: SAMUEL L. ANDES, ESQUIRE 525 NORTH 12TH STREET LEMOYNE, PA 17043 SMIGEL, ANDERSON &SACKS, LLP By: LeRoy Smi; , Esquire ID 909617 James R. Demmel, Esquire I.D. # 90918 4431 North Front Street, 3RD Flr. Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff f ) ["_JJi L) cri r' nif +J 1r Ci Tel 47 «i J1 RECEIVED JUN 282005 k? CONSTANTINE G. TOULOUMES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-3518 MEGAN C. TOULOUMES, DEFENDANT CIVIL ACTION - DIVORCE RULE TO SHOW CAUSE AND NOW, this /' day of qua, , 2005, upon consideration of the previously filed Petition for Bifurcation of Divorce, a Rule is hereby issued on Defendant to show cause, if any there be, why the relief requested should not be granted. RULE RETURNABLE 30 DAYS FROM SERVICE. - OR - RULE DAY OF COURTROOM NO HEARING ON THIS T CUMBERLAND SCHEDULED FOR THE O'CLOCK .M., COURTHOUSE, CARLISLE, Distribution: LeRoy Smigel, Esquire, 4431 North Front Street, 3rd Flr., Harrisburg, PA 171 10-1709 Samuel L, Andes, Esquire, 525 North 12th Street, PO Box 168, Lemoyne, PA 17043 9- lr-as BY THE COURT: ? h .Z Nd I ! inr soot AUViGN AlOW 3a 30 3;1' C -03113 CONSTANTINE TOULOUMES, PLAINTIFF V. MEGAN TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, comes Petitioner Constantine Touloumes, by and through his attorneys, Smigel, Anderson & Sacks, and avers as follows: Petitioner is Constantine Touloumes ("Father"), who resides at 3 West Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Respondent is Megan Touloumes ("Mother'), who resides at 1159 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of Marianna Constantine Touloumes, born April 19, 1999. 4. On October 11, 2002, this Honorable Court entered an Order of Court giving the parties shared legal custody of the minor child and giving Mother primary physical custody of the minor child. A true and correct copy of that Order is attached hereto as Exhibit A. On May 6, 2003, Father filed a Petition for Modification of a Custody Order with this Honorable Court. 6. On June 25, 2003 the parties attended a custody conciliation conference with Dawn Sunday, Esquire. The parties reached an agreement regarding custody of the minor child as a result of the conference. 7, On July 11, 2003, pursuant to the parties' agreement, this Honorable Court entered an Order of Court continuing the provisions of the Order dated October 11, 2002, requiring the parties to attend mediation, and altering the schedule of Father's physical custody of the minor child. A true and correct copy of that Order is attached hereto as Exhibit B. 8. Pursuant to the Order dated July 11, 2003, the patties attended three (3) mediation sessions with Arnold Shienvold, Ph.D. 9. Despite the mediation attempts, Mother has repeatedly violated the terms of the Orders of Court dated October 11, 2002 and July 11, 2003. 10. Paragraph 6 of the October 11, 2002 Order of Court, as incorporated into the July 11, 2003 Order of Court, provides that " [i]n the event either party intends to remove the child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the telephone number where the Child can be contacted." 11. In violation of Paragraph 6 of the October 11, 2002 Order of Court, as incorporated into the July 11, 2003 Order of Court, Mother removes the child from the Carlisle area overnight, sometimes for days at a time, with no prior notice to Father, without informing Father where the child will be, without providing Father a telephone number where he can contact the child, without informing Father when Mother will return with the child, and without informing Father with whom the child will be spending her time. 12, Mother notified Father that she would be taking the child to Pittsburgh from July 4, 2003 through July 6, 2003 and provided a phone number where Father could reach the child. Father called the phone number given at least three (3) times over the course of the weekend, but Mother never returned his calls to allow him to speak with the child. 13. Mother notified Father that she would be taking the child to the beach for a week beginning August 16, 2003. She told Father she did not know the phone number where the child could be reached, but would provide the number when they arrived at their destination. Mother left with the child on August 16, 2003 and did not call Father with the phone number until August 20, 2003. 14. On October 9, 2003, Mother left a phone message for Father that she was taking the child to Rhode Island for the weekend beginning October 10, 2003 and that she would call Father when they reached their destination with the phone number where he could reach the child. Mother never provided the phone number to Father. Father finally spoke to the child on October 12, 2003 when he called her at Mother's home. 15. On January 2, 2004, Father called Mother's home to speak with the child. Mother's mother informed him that Mother had taken the child to Pittsburgh for the weekend. Mother did not inform Father in advance that she planned to take the child to Pittsburgh and did not provide a telephone number where Father could reach the child. 16. On January 17, 2004 and January 18, 2004, Father called Mother's home to speak with the child and left messages on the answering machine. On the evening of January 18, 2004, the child called Father and told him she was in Pittsburgh. Mother did not inform Father in advance that she planned to take the child to Pittsburgh and did not provide a telephone number where Father could reach the child. 17. Paragraph 2 of the October 11, 2002 Order of Court, as incorporated into the July 11, 2003 Order of Court, provides that "[e]ach parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information." 18. In violation of Paragraph 2 of the October 11, 2002 Order of Court, as incorporated into the July 11, 2003 Order of Court, Mother arranged and took the child to a doctor's appointment on January 16, 2004 without Father's knowledge or consent. Father only learned of the child's visit to the doctor when the child told Father. 19. Paragraph 8 of the October 11, 2002 Order of Court, as incorporated into the July 11, 2003 Order of Court, provides that "[n]either party shall do or say 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." 20. In violation of Paragraph 8 of the October 11, 2002 Order of Court, as incorporated into the July 11, 2003 Order of Court, Mother has made and continues to make repeated, intense, derogatory remarks about Father to the child. 21. Paragraph 8 of the October 11, 2002 Order of Court, as incorporated into the July 11, 2003 Order of Court, further provides that "[b]oth parties shall ensure that third parties having contact with the Child comply with this provision." 22. In violation of Paragraph 8 of the October 11, 2002 Order of Court, as incorporated into the July 11, 2003 Order of Court, in Mother's presence, Mother's mother has made and continues to make repeated, intense, derogatory remarks about Father to the child. 23. The child is being subjected to parent alienation syndrome as a result of the repeated, intense, derogatory remarks made to her about Father. 24. Father is a fit parent. 25. Father works to support and encourage the child's positive relationship with Mother and Mother's mother despite their attempts to alienate the child from Father. WHEREFORE, Father requests that this Honorable Court find Mother in contempt of the July 11, 2003 custody Order and direct as follows: Mother reimburse Father for all counsel fees and costs incurred by Father in the preparation of, presentation of, and hearing to address this petition within forty-eight (48) hours of being presented with an invoice evidencing said expenses; and 2. Any other equitable relief this Court deems appropriate. Respectfully submitted, SMIGEL, ANDERSON & SACKS Date: ", t% I ?AtO L( migel, Esquire I.D. # 09617 s R. Demmel, Esquire I.D. # 90918 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff VERIFICATION I, Constantine Touloumes, verify that the statements contained in the foregoing Petition for Civil Contempt for Disobedience of a Custody Order are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4964, relating to unsworn falsification to authorities. Date: 29 Z?L Constantine ouloumes CONSTANTINE TOULOUMES, Plaintiff VS. MEGAN TOULOUMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ) 19: day of OtV L,_. , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall engage in a course of counseling with a professional to be selected by agreement of the parties. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall participate in a minimum of 4 counseling sessions. All costs of counseling which are not covered by insurance shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office in order to schedule the first counseling session within 2 weeks of the date of the Custody Conciliation Conference. 2. The Father, Constantine Touloumes, and the Mother, Megan Touloumes, shall have shared legal custody of 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, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph 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. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Friday at 9:00 a.m (if the Father is not working) or after school (if the Father is working) through Monday at 6:00 p.m., unless the Father is working, in which event he shall transport the Child to preschool before work. The Father's alternating weekend periods of custody shall begin on Friday, October 4, 2002. B. The Father shall have custody of the Child for an overnight period on a weekday each week from 2:00 p.m. on the day before his day off from work (or after work, whichever is later) through 6:00 p.m. on his day off. Periods of custody under this provision shall not be scheduled during the Mother's alternating weekend periods of custody. EXHIBIT k A C. The Father shall provide to the Mother a minimum of 48 hours advance notice of his intent to exercise his right to a period of custody under subsection B of this provision and of the specific times for exchanges of custody at the beginning and end of his alternating weekend periods of custody. D. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this Order. 4. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. THANKSGIVING: The parties shall share having custody of the Child on Thanksgiving Day, with the Father having custody from 9:00 a.m. through 3:00 p.m. and the Mother having custody from 3:00 p.m. through the remainder of the day. B. WESTERN CHRISTMAS (DECEMBER 25): The Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 4:00 p.m., and the Father shall have custody from Christmas Day at 4:00 p.m. through December 26 at 6:00 p.m. C. EASTERN ORTHODOX CHRISTMAS (JANUARY 7): The Father shall have custody of the Child from January 6 at 12:00 noon through January 7 at 6:00 p.m. D. WESTERN EASTER: The Mother shall have custody of the Child over the Easter weekend from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. E. EASTERN ORTHODOX EASTER: The Father shall have custody of the Child over the Eastern Orthodox Easter weekend from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 am. until 6:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 am. until 6:00 p.m. G. MEMORIAL DAYILABOR DAY: The party who-has custody of the Child under the regular alternating weekend schedule on the weekend immediately preceding the holiday shall retain custody of the Child through the Monday holiday at 6:00 p.m. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for 2 nonconsecutive weeks each summer upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. 6. In the event either, party intends to remove the Child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the telephone number where the Child can be contacted. 7. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Child. 8. Neither patty shall do or say 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, _ 4 1 ' (' aIe J. cc: LeRoy Smigel, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother r i ?0' e x - ? ?3:y.J CONSTANTINE TOULOUMES, Plaintiff vs. MEGAN TOULOUMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 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 CUSTODY OF Marianna Constantine April 19, 1999 Mother Touloumes 2. A Conciliation Conference was held on October 1, 2002, with the following individuals in attendance: The Father, Constantine Touloumes, with his counsel, LeRoy Smigel, Esquire, and the Mother, Megan Touloumes, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 00116, -7 2 Date Dawn S. Sunday, Esquire .01 Custody Conciliator JUL u r CUI ?l i CONSTANTINE TOULOUMES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3518 CIVIL ACTION LAW MEGAN TOULOUMES Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2003, upon consideration of the attached Custody Conciliation ep rt, it is ordered and directed as follows: 1. The prior Order of this Court dated October 11, 2002 shall continue in effect as modified by this Order. 2. Paragraph 1 of the October 11, 2002 Order is vacated and replaced with the following provision: The parties shall engage in a course of mediation with Arnold Shienvold, PhD. The purpose of the mediation shall be to assist the parties in resolving conflicts which have arisen with respect to custody of their daughter. The parties shall follow the recommendations of the mediator with regard to the frequency and duration of the sessions. All costs of mediation which are not covered by insurance shall be shared equally between the parties. 3. Paragraph 3 of the October 11, 2002 Order is vacated and replaced with the following provision: The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Thursday at 2:00 pm when the Father shall pick up the Child at preschool through Monday morning, when the Father shall return the Child to preschool. During the interim weeks, the Father shall have custody of the Child from Thursday morning, when the Father shall pick up the Child at preschool through the following Friday morning when the Father shall return the Child to preschool. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father. EXHIRIT L 8 4. Counsel for either party may contact the conciliator within sixty days after completion of the course of mediation to schedule an additional custody conciliation conference, if necessary. BY THE COURT, k6in A. Hess J. cc: LeRoy Smigel, Esquire - Counsel for Father - Samuel L. Andes - Counsel for Mother i?. , z i:;,?a .1+ :S9?" t r?+b iisrJ -. f rCyy' Tft:? of. ?kl ' ' ProtBantiiatrr CONSTANTINE TOULOUMES, Plaintiff VS. MEGAN TOULOUMES Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 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 CUSTODY OF Marianna Constantine Touloumes April 19, 1999 Mother / Father 2. A Conciliation Conference was held on June 25, 2003, with the following individuals in attendance: The Father, Constantine Touloumes, with his counsel, LeRoy Smigel, Esquire, and the Mother, Megan Touloumes, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Ju,,.c 14 Date Dawn S. Sunday, Esquires Custody Conciliator CONSTANTINE TOULOUMES, PLAINTIFF V. MEGAN TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, LeRoy Smigel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Petition for Civil Contempt for Disobedience of a Custody Order on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the day of 2004, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 SMIGEL, ANDERSON & By:, 1 eRo migel, Esquire I.D. # 09617 s R. Demmel, Esquire I.D. # 90918 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff r m } l CONSTANTINE G.J. TOULOUMES, PLAINTIFF VS. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3518 IN CUSTODY PETITION FOR RELOCATION AND NOW, comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court for permission to relocate the child outside of Cumberland County, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. The parties are the parents of one minor child, Marianna Constantine Touloumes, age 6, born 19 April 1999. That child is the subject of prior orders of this court entered in this action which have awarded legal custody of the child to both Plaintiff and Defendant and have awarded physical custody of the child, for the majority of the time, to Defendant. 3. Plaintiff and Defendant have been separated for more than three years and are presently engaged in a divorce action which Defendant hopes will be concluded within the next few months. Plaintiff has previously flied a petition for bifurcation and De`endant believes that, if all the divorce litigation is not concluded before the end of 2005, the action will be bifurcated and the final decree in divorce will be entered terminating the marriage. 4. Both Plaintiff and Defendant have become involved with other persons and Defendant plans, once the divorce is final, to marry William Hoff, who resides in Philadelphia, Pennsylvania. 5. Defendant wishes to move to Philadelphia to establish a marital home and family with her husband-to-be. She would like to move in the spring of 2006 and she would like to take her daughter Marianna C. Touloumes, with her to that new home. 6. Defendant believes that such a move with Defendant will be in Marianna's best pnterest for several reasons: A. It will maintain Marianna in the primary physical custody of Defendant with whom Marianna has lived all of her life; and B. Defendant anticipates she will be able to obtain better full time employment than she has been successful in obtaining in Central Pennsylvania and that such employment will add to the financial and personal stability of her I family and, therefore, Marianna; and C. It will place Marianna in a happy, secure, stable, and comfortable home; and D. It will allow Marianna to be enrolled in schools which will fully and realistically meet her educational needs and abilities and expose her to cultural and other activities not reasonably available to her at the present time; and E. Such a move can be accommodated without disrupting in a serious way Plaintiff's relationship with Marianna and with other members of Marianna's extended family, both on her father's side and on her mother's side. 7. Defendant wishes this court to modify its present custody order to allow her to ate to Philadelphia, Pennsylvania, and to structure a custody schedule that will be fair to parents and in the best interests of the child. WHEREFORE, Defendant prays this court to permit her to relocate with the child to delphia, Pennsylvania, and to establish a custody of schedule which will be in the best est of the child and still maintain the child's relationship with her parents and other bers of her extended family. t L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12' Street Lemoyne, Pa 17043 (717) 761-5361 VERIFICATION 1 verify that the statements made in this document are true and correct. I understand :hat any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). MEGAN C. TOULOUMES ?,. . ?S ? J' , d 3 A. n fi ??' i.': C• CONSTANTINE G. J. TOULOUMES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MEGAN C. TOULOUMES DEFENDANT 02-3518 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday November 02, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 29, 2005 at 10:00 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. 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 hearlnL,. FOR THE COURT, By: Dawn S. Sunda Es . 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 horns prior to any hearing or business before the court. You must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE:, GO TO OR TFLEPfIONE 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 I f II.no 0£ 0 lj £- AOR 99DZ 31HI JO S J DEC 1 9 2005 ??? CONSTANTINE G. J. TOULOUMES Plaintiff VS. MEGAN C. TOULOUMES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this a0 1% day of ?, , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearin is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the Sa day of 2006, at 9. 3o o'clock et_ . m., at which time testimony will be taken. For purpo es of the hearing, the Mother, Megan C. Toulournes, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of this Court shall continue in effect as modified by this Order. 3. The Mother shall have a period of vacation custody with the Child from December 18 through December 25 and the Father shall have a period of holiday custody with the Child from December 25, 2005 at 4:00 p.m. through January 2, 2006 at 4:00 p.m. BY THE COURT, lz A. Hess J. cc: Fames R. Demmel, Esquire - Counsel for Father Xamuel L. Andes, Esquire - Counsel for Mother .j c n0?_ C C, 0 :0I kl,j i z 030 saga CONSTANTINE G. J. TOULOUMES Plaintiff VS. MEGAN C. TOULOUMES Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 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 CUSTODY OF Marianna Constantine Touloumes April 19, 1999 Mother 2. A custody conciliation conference was held on December 13, 2005, with the following individuals in attendance: The Father, Constantine G. J. Touloumes, with his counsel, James R. Demmel, Esquire, and the Mother, Megan C. Touloumes, with her counsel, Samuel L. Andes, Esquire. 3. The Court previously entered Orders in this matter on April 14, 2004, July 11, 2003 and October 11, 2002 under which the Father has custody of the Child on alternating weekends from Thursday through Monday and during the interim weeks from Thursday through Friday and the Mother has custody at all other times. In addition, the most recent Order provided for the parties to obtain a custody evaluation to address the Father's pending Petition for Modification. Although the parties proceeded in a timely manner to obtain that evaluation, the evaluator has not submitted a report or recommendations. Prior to resolution of the outstanding Petition for Modification, the Mother filed this Petition for Relocation, which was the subject of the conciliation conference. The parties were not able to reach an agreement at the conference and it will be necessary to schedule a hearing. Due to the parties' recent experience with the evaluation process, obtaining the assistance of yet another professional on the relocation issue does not appear to be a viable option. 4. The Mother's position on custody is as follows: The Mother seeks to relocate with the Child to Philadelphia, where the Mother's fiance resides and works. The Mother indicated that her fiance moved from North Carolina to the Philadelphia area where he obtained employment for the purpose of remaining in close proximity to the Child's Pennsylvania contacts. The Mother believes it would be best for the Child to move to Philadelphia where there would be better employment opportunities for the Mother and excellent educational opportunities for the Child. The Mother believes that requiring her fiance to commute between the Carlisle area and Philadelphia for work would cause an unreasonable burden on the family and is not a reasonable option. The Mother requests the Court's permission to relocate with the Child to the Philadelphia area in the spring of 2006. 5. The Father's position on custody is as follows: The Father strenuously opposes the Mother's request for relocation of the Child. The Father indicated that he is also planning to remarry and his fiancee, who previously resided in Philadelphia moved to the Carlisle area and purchased a home in the area to maintain the Father's proximity to the Child. The Father further stated that he had rejected an employment opportunity in Philadelphia solely because of his desire to be close to the Child. The Father wishes to pursue his outstanding Petition for Modification (which the parties were attempting to address through a custody evaluation). The Father believes he would not be able to maintain his involvement in the Child's life if the Mother were permitted to move the Child to Philadelphia. The Father requests that the Mother's Petition for Relocation be denied and that his Petition for Modification be granted increasing his periods of custody with the Child. 6. The conciliator recommends an Order in the form as attached scheduling a hearing both on the Father's Petition for Modification and the Mother's Petition for Relocation and providing for holiday custody arrangements which were established at the conf,-rence. It is anticipated that the hearing will require one-half to one full day. Date T- Dawn S. Sunday, Esquire Custody Conciliator CONSTANTINE G.J. TOULOUMES, PLAINTIFF VS. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3518 IN CUSTODY PETITION TO REOPEN RECORD AND TAKE ADDITIONAL TESTIMONY AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court to reopen the record and take additional testimony in this matter, based upon the following: 1. The parties were before this court on 5 April 2006 for a hearing on Plaintiff's petition to modify the custody schedule. 2. Following the conclusion of the testimony at the hearing on 5 April 2006, this court, by the Honorable Kevin A. Hess, instructed the parties to set forth their proposals regarding modification of the order by letter. 3. Within several days after the hearing, the Plaintiff/ Father had the minor child, Marianna Touloumes, age 6, for one of his periods of temporary custody. During that period of temporary custody, Father or his fiance discussed with the child, apparently in considerable detail, the events and testimony that took place at the hearing and the child's comments to the Judge during his in-chambers interview of her. 4. As a result of the conduct of the Father or his fiance, the child returned to the custody of the Mother following the Father's periods of temporary custody extremely agitated, hostile, and upset. The child questioned Mother in detail about the finances of the parties, referred to matters to which the Mother testified at the hearing, and made other remarks and comments from which it was clear that the Father, or someone on his behalf, had discussed all of these matters in detail with the child following the hearing. 5. Mother believes that the conduct of Defendant or his fiance in discussing such adult matters with the child is injurious to the child and contrary to her best interests for several reasons, which include: A. Such discussions unnecessarily involve the child in adult matters, such as the finances of the parties and their disputes about custody and other matters; and B. Because the Mother does not discuss these matters with the child and, as a result, the child does not hear Mother's side of these issues, the child is exposed to an incomplete and unfair version of the disputes between the parties and, as a result, misunderstands many of the disputes between the parties involving adult matters; and C. Such conduct tends to disrupt the healthy relationship between Mother and child and alienate the child from Mother; and D. Such conduct unreasonably and unfairly injects the child into adult disputes and subjects her to tension, anxiety, and confusion as a result. All of these actions operate against the best interest of the child. 6. Mother believes that the conduct of Father or his fiance following the hearing is part of a continuing pattern to disrupt the relationship Mother enjoys with the child and to influence the child to seek to spend more time with the Father. Mother believes that Father is trying unfairly to influence the child and, by doing so, subjecting her to pressure and anxiety. 7. Mother believes that this incident and the information about it is critical to the court to have in order to make a fully-informed and proper decision on the matters heard by the court at its hearing on 5 May 2006. Mother believes that the record must be re-opened so this information can be received and considered by the court. 8. Without a full exploration of the matters raised in this petition, Mother believes that the court will not have all of the information it requires to make a decision which is in the best interest of the child from unreasonable pressure from either parent. WHEREFORE, Defendant prays this court to re-open the record in this matter to permit her to provide testimony regarding the incidents following the hearing on 5 April 2006 and the effects of such conduct on the child. Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date:- ?,n (h.??c ?.t r l?u -._- MEGAN CA UANO-TOULOUMES ' _ ? .? ?: ?, {,, _ L Awes 1 t. (106 13Y? CONSTANTINE G.J. TOULOUMES, PLAINTIFF Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3518 MEGAN C. TOULOUMES, DEFENDANT IN CUSTODY RULE TO SHOW CAUSE AND NOW, this /9'-=' day of i? '/ 2006, upon consideration of the attached Petition, a Rule is hereby issued upon the Plaintiff to show cause, if any he has, why the relief requested therein should not be granted. Rule returnable I r days from service upon Plaintiff's counsel of record. BY THE COURT, Distribution: ,LeRoy Smigel, Esquire (Attorney for Plaintiff) 4431 North Front Street, Harrisburg, PA 17110 ,. Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12`^ Street, Lemoyne, PA 17043 i., r, -- CONSTANTINE TOULOUMES, PLAINTIFF v. MEGAN TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - CUSTODY PLAINTIFF'S ANSWER TODEFENDANT'S PETITION TO REOPEN RECORD AND TAKE ADDITIONAL TESTIMONY AND NOW, comes Respondent, Constantine Touloumes, by and through his attorneys, Smigel, Anderson & Sacks, and avers as follows: Admitted. Admitted. Admitted in part and denied in part. Plaintiff admits that Marianna spent time with him and his fiance, Michelle, on the days following the custody hearing. Plaintiff admits that one topic of conversation between himself, Michelle and Marianna was the events of the custody hearing. Marianna was curious about the process of the hearing and its outcome. She asked Plaintiff and Michelle numerous questions about the custody hearing and they answered her questions. Plaintiff believes and therefore avers that it was natural for Marianna to be curious about this extremely unusual event in her life and to look for explanations from her parents. Plaintiff denies that he or Michelle inappropriately discussed any of the custody hearing testimony in detail with Marianna. Marianna was very curious about the courtroom events and Plaintiff and Michelle provided simple, age-appropriate answers to her questions without discussing inappropriate details regarding the hearing. 4. Denied. Plaintiff denies that Marianna was agitated, hostile or upset when she returned to Defendant's custody as a result of Plaintiff's or Michelle's conduct. Plaintiff denies that he or Michelle have discussed the parties' finances or inappropriate details regarding the custody hearing with Marianna. Plaintiff believes and therefore avers that Defendant is fabricating these allegations in a desperate attempt to discredit Plaintiff's and Michelle's testimony at the custody hearing. By way of further answer, Marianna stated to Michelle that when Defendant's parents were returning Marianna to school after the custody hearing, Defendant's mother demanded to know what Marianna had told the Judge and told Marianna that the Judge was "going to take her (Marianna) away from her mother." Denied. Plaintiff denies that he or Michelle have discussed inappropriate matters with Marianna. Plaintiff agrees that discussions regarding inappropriate adult matters are not in Marianna's best interest. Plaintiff believes and therefore avers that Defendant and her parents are the only individuals discussing inappropriate adult matters with Marianna. A. Denied. Plaintiff denies that he or Michelle have discussed inappropriate matters with Marianna. Plaintiff agrees that discussions regarding inappropriate adult matters are not in Marianna's best interest. Plaintiff believes and therefore avers that Defendant and her parents are the only individuals discussing inappropriate adult matters with Marianna. B. Denied. Plaintiff denies that Defendant does not discuss inappropriate adult matters with Marianna. By way of further answer, Plaintiff believes that Marianna should not be exposed to either party's version of the facts regarding their disputes. Therefore, Plaintiff and Michelle refrain from engaging in such conversations with Marianna even when they are aware that Defendant and/or her parents have discussed such matters with Marianna. C. Denied. Plaintiff denies that he or Michelle have engaged in any conduct that would tend to disrupt a healthy relationship between Defendant and Marianna or alienate Marianna from Defendant. By way of further answer, Plaintiff believes that Defendant's own conduct and the conduct of her parents of inappropriately involving Marianna in disputes between the parties may disrupt what could be an otherwise healthy relationship between Marianna and Defendant. D. Denied. Plaintiff denies that he or Michelle have engaged in any conduct that would inject Marianna into adult disputes or subject her to tension, anxiety or confusion as a result. By way of further answer, Plaintiff believes that Defendant's own conduct and the conduct of her parents of inappropriately involving Marianna in disputes between the parties may subject Marianna to tension, anxiety or confusion. 6. Denied. Plaintiff denies that he or Michelle are attempting to disrupt the relationship between Defendant and Marianna or influencing Marianna to seek to spend more time with Plaintiff, Plaintiff denies that he or Michelle are trying unfairly to influence Marianna or subjecting her to pressure or anxiety. By way of further answer, Plaintiff and Michelle make conscious efforts to encourage Marianna's relationship with Defendant. This Honorable Court met with Marianna as part of the custody hearing in this matter, during which time she freely expressed her thoughts regarding her relationship with both parties. Plaintiff was not even aware that this Honorable Court would be meeting with Marianna until the day of the hearing. Defendant's allegation that Plaintiff somehow tried to unreasonably influence Marianna after the custody hearing is nonsensical. 7. Denied. Plaintiff denies that Defendant's allegations are critical to this Honorable Court's ability to make a fully-informed and proper decision on the matters heard by the Court on April 5, 2006. Plaintiff denies that the record must be re-opened. By way of further answer, Plaintiff believes and therefore avers that Defendant's allegations are intended to mislead this Honorable Court, to cast doubt on Plaintiffs and Michelle's testimony in this matter and to attempt to re-litigate the custody matter since she was unhappy with the results of the hearing. Plaintiff believes and therefore avers that Defendant was unhappy with this Honorable Court's decision to increase the amount of time that Marianna spends with Plaintiff and is making these allegations as retaliation against Plaintiff. 8. Denied. Plaintiff denies that this Honorable Court needs to consider her allegations against Defendant in order to make a decision that is in the best interest of Marianna. This Honorable Court heard testimony from both parties at the custody hearing. Plaintiff's testimony focused on the reasons that it is in Marianna's best interest to spend more time with him. Defendant's testimony focused on unsupported allegations against Plaintiff. Defendant seeks to introduce more of the same unfounded allegations against Plaintiff because she is unhappy with the results of the hearing. This Honorable Court has before it all of the necessary evidence to determine what custody arrangement is in Marianna's best interest. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's Petition to Reopen Record and Take Additional Testimony. Respectfully submitted, Date: ( ?P SMIGEL, ANDERSON & SACKS By: eRoy nige1, Esquire I.D.409617 R. De el, Esquire LD. 490918 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff VERIFICATION I verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of t8 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: CONSTANTINE TOULOUMES, PLAINTIFF V. MEGAN TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff's Answer to Defendant's Petition to Reopen Record and Take Additional Testimony on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the J_ day of May, 2006, addressed as follows: Samuel L. Andes, Esquire 525 North 12" Street P.O. Box 168 Lemoyne, PA 17043 SMIGEL, ANDERSON & SACKS By: eRo Smigel, Esquire I.D. # 09617 s R. Demmel, Esquire I.D. # 90918 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff tt% CONSTANTINE TOULOUMES, Plaintiff Vs. MEGAN TOULOUMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 CIVIL CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this Z to reopen the record is DENIED. day of May, 2006, after hearing, the request of the defendant Prior custody orders in this case are amended to provide that, commencing with the second weekend following the end of school in the spring semester, the parties shall alternate custody of the child, Marianna Constantine Touloumes, born April 19, 1999, week on and week off and shall exchange custody of the child as the parties shall agree, and if they cannot agree on Sundays at 6:00 p.m. The father shall have the first such week. Alternating custody shall continue during the summer but shall end on the weekend prior to the beginning of school. In the event that the final week of the summer vacation was spent with the mother, then the father's weekend periods of custody shall resume on the weekend following the first day of school. In the event that the last week of the summer vacation was spent with the father, the father's weekend periods of custody shall resume on the second weekend following the first day of school with the father having custody on the previous Thursday through Friday morning. In all other respects, the prior orders of court shall remain in full force and effect. BY THE COURT, Kevin .Hess, J. ?O j M Y? I ;ice Li.1 4 t1L 1 YYy Q o n ' U xv 9c 16 LeRoy Smigel, Esquire For the Plaintiff Samuel L. Andes, Esquire For the Defendant Am SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street Harrisburg, PA 17110-1709 717) 234-2401 lsmig_el a,sasllp.com idemmel(cilsasllp.com Attorneys for Plaintiff CONSTANTINE TOULOUMES, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 MEGAN TOULOUMES, DEFENDANT : CIVIL ACTION -CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW, comes Petitioner Constantine Touloumes, by and through his attorneys, Smigel, Anderson & Sacks, and avers as follows: 1. Petitioner is Constantine Touloumes, hereinafter "Father", who resides at 25 Prickly Pear Drive, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Megan Touloumes, hereinafter "Mother", who resides at 1159 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of Marianna Constantine Touloumes, born April 19, 1999. 4. On October 11, 2002, this Honorable Court entered an Order of Court awarding the parties shared legal custody of Marianna and awarding Father partial physical custody of Marianna. A true and correct copy of the October 11, 2002 Order is attached hereto as Exhibit A. 4. On July 11, 2003, this Honorable Court entered an Order of Court expanding Father's custodial times with Marianna. A true and correct copy of the July 11, 2003 Order is attached hereto as Exhibit B. 5. On May 8, 2006, this Honorable Court entered an Order of Court modifying all prior custody orders to provide that commencing with the second week following the end of the school year, the parties shall alternate physical custody of Marianna on a week on and week off basis. A true and correct copy of the May 8, 2006 Order is attached hereto as Exhibit C. 6. These Orders should be modified because: (a) Father believes that Marianna thrived during the week on and week off custody arrangement. (b) Marianna has expressed a desire to continue the week on and week off custody arrangement on a year round basis. (c) Father believes that continuing the week on and week off custody arrangement on a year round basis would be in the best interest of Marianna as it gives her equal access to both parents. (d) Father is willing and able to provide transportation to and from school for Marianna during his periods of custody. (e) Father is a fit parent. (f) Marianna looks to Father as a source of love and affection. WHEREFORE, Petitioner requests that this Honorable Court modify the existing Order to give Petitioner and Respondent a week on and week off shared physical custody arrangement of Marianna Constantine Touloumes because it will be in the best interest of the child. Respectfully Submitted, Date:-312^--j )0?? Attorneys for Petitioner SMIGEL, ANDERSON & S KS, LLP By: oy S igel, Esquire I.D.#: 09617 ames . Demmel, Esquire I.D.# 90918 North Front Street Harrisburg, PA 17110 (717) 234-2401 VERIFICATION I verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dater -L L CONSTANTINE TOULOUMES, IN THE COURT OF COMMON PLEAS OF. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-3518 CIVIL ACTION LAW MEGAN TOULOUMES, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ) 12: day of Oer&_L, , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall engage in a course of counseling with a professional to be selected by agreement of the parties. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall participate in a minimum of 4 counseling sessions. All costs of counseling which are not covered by insurance shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office in order to schedule the first counseling session within 2 weeks of the date of the Custody Conciliation Conference. 2. The Father, Constantine Touloumes, and the Mother, Megan Touloumes, shall have shared legal custody of 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, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph 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. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Friday at 9:00 a.m. (if the Father is not working) or after school (if the Father is working) through Monday at 6:00 p.m., unless the Father is working, in which event he shall transport the Child to preschool before work. The Father's alternating weekend periods of custody shall begin on Friday, October 41 2002. B. The Father shall have custody of the Child for an overnight period on a weekday each week from 2:00 p.m. on the day before his day off from work (or after work, whichever is later) through 6:00 p.m. on his day off. Periods of custody under this provision shall not be scheduled during the Mother's alternating weekend periods of custody. C.' The Father shall provide to the Mother a minimum of 48 hours advance notice of his intent to exercise his right to a period of custody under subsection B of this provision and of the specific times for exchanges of custody at the beginning and end of his alternating weekend periods of custody. D. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this Order. 4. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. THANKSGIVING: The parties shall share having custody of the Child on Thanksgiving Day, with the Father having custody from 9:00 a.m. through 3:00 p.m. and the Mother having custody from 3:00 p.m. through the remainder of the day. B. WESTERN CHRISTMAS (DECEMBER 25): The Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 4:00 p.m., and the Father shall have custody from Christmas Day at 4:00 p.m. through December 26 at 6:00 p.m. C. EASTERN ORTHODOX CHRISTMAS (JANUARY 7): The Father shall have custody of the Child from January 6 at 12:00 noon through January 7 at 6:00 p.m. D. WESTERN EASTER: The Mother shall have custody of the Child over the Easter weekend from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. E. EASTERN ORTHODOX EASTER: The Father shall have custody of the Child over the Eastern Orthodox Easter weekend from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 6:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 6:00 p.m. G. MEMORIAL DAY/LABOR DAY: The party who-has custody of the Child under the regular alternating weekend schedule on the weekend immediately preceding the holiday shall retain custody of the Child through the Monday holiday at 6:00 p.m. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for 2 nonconsecutive weeks each summer upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. 6. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the telephone number where the Child can be contacted. 7. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Child. 8. Neither party shall do or say 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: LeRoy Smigel, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother ?' r.a,. ? q p'"" : -` 1?y?i ? :. ;. yi w-. v. e, ef.,y ?¢•E.r-? jet A- CONSTANTINE TOULOUMES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3518 CIVIL ACTION LAW MEGAN TOULOUMES, Defendant 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 CUSTODY OF Marianna Constantine April 19, 1999 Mother Touloumes 2. A Conciliation Conference was held on October 1, 2002, with the following individuals in attendance: The Father, Constantine Touloumes, with his counsel, LeRoy Smigel, Esquire, and the Mother, Megan Touloumes, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. P f?[k -7. ??-- Date Dawn S. Sunday, Esquire Custody Conciliator 14 CONSTANTINE TOULOUMES, Plaintiff vs. MEGAN TOULOUMES Defendant JUL ? 7 2003 ? V P-0 J ?k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ?j day of 2003, upon consideration of the attached Custody Conciliation ep rt, it is ordered and directed as follows: 1. The prior Order of this Court dated October 11, 2002 shall continue in effect as modified by this Order. 2. Paragraph 1 of the October 11, 2002 Order is vacated and replaced with the following provision: The parties shall engage in a course of mediation with Arnold Shienvold, PhD. The purpose of the mediation shall be to assist the parties in resolving conflicts which have arisen with respect to custody of their daughter. The parties shall follow the recommendations of the mediator with regard to the frequency and duration of the sessions. All costs of mediation which are not covered by insurance shall be shared equally between the parties. 3. Paragraph 3 of the October 11, 2002 Order is vacated and replaced with the following provision: The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Thursday at 2:00 pm when the Father shall pick up the Child at preschool through Monday morning, when the Father shall return the Child to preschool. During the interim weeks, the Father shall have custody of the Child from Thursday morning, when the Father shall pick up the Child at preschool through the following Friday morning when the Father shall return the Child to preschool. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father. 4. Counsel for either party may contact the conciliator within sixty days after completion of the course of mediation to schedule an additional custody conciliation conference, if necessary. BY THE COURT, Revin A. Hess J. cc: LeRoy Smigel, Esquire - Counsel for Father Samuel L. Andes - Counsel for Mother ,y4id di':? gt 51 , I rT$r'b li ?"Fito 4t In?j3?aild -aai':.?? a 37 JM`J! ?4 4? at ?/arl sk-,, F v. 1 x?'' ?; n v2 I j i Prothonotari CONSTANTINE TOULOUMES, Plaintiff vs. MEGAN TOULOUMES Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 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 CUSTODY OF Marianna Constantine Touloumes April 19, 1999 Mother / Father 2. A Conciliation Conference was held on June 25, 2003, with the following individuals in attendance: The Father, Constantine Touloumes, with his counsel, LeRoy Smigel, Esquire, and the Mother, Megan Touloumes, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?Cc ao? Date 09 Dawn S. Sunday, Esquire Custody Conciliator 4 CONSTANTINE TOULOUMES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3518 CIVIL CIVIL ACTION - LAW MEGAN TOULOUMES, Defendant CUSTODY ORDER AND NOW, this Z day of May, 2006, after hearing, the request of the defendant to reopen the record is DENIED. Prior custody orders in this case are amended to provide that, commencing with the second weekend following the end of school in the spring semester, the parties shall alternate custody of the child, Marianna Constantine Touloumes, born April 19, 1999, week on and week off and shall exchange custody of the child as the parties shall agree, and if they cannot agree on Sundays at 6:00 p.m. The father shall have the first such week. Alternating custody shall continue during the summer but shall end on the weekend prior to the beginning of school. In the event that the final week of the summer vacation was spent with the mother, then the father's weekend periods of custody shall resume on the weekend following the first day of school. In the event that the last week of the summer vacation was spent with the father, the father's weekend periods of custody shall resume on the second weekend following the first day of school with the father having custody on the previous Thursday through Friday morning. In all other respects, the prior orders of court shall remain in full force and effect. BY THE COURT, / Kevin . Hess, J. LeRoy Smigel, Esquire For the Plaintiff Samuel L. Andes, Esquire For the Defendant Arn CONSTANTINE TOULOUMES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3518 MEGAN TOULOUMES, DEFENDANT CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, LeRoy Smigel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Petition for Modification of a Custody Order on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the ?0 day of March, 2007, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 SMIGEL, ANDERSON & SACKS, LLP By: ?ys ge l, Esquire I.D.#: 09617 emmel, Esquire I.D.# 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Petitioner ? 0 d ? ?' c?? '? ? c? . ? -?' ..? _? ... - =?'" r?z ?? + ? 'J, f s ? ? l .. .;• --a . _.__ 7 ._°; "'C CONSTANTINE TOULOUMES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MEGAN TOULOUMES DEFFNDANT 02-3518 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, i Wednesday, March 28, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg PA 17055 on Wednesday, April 25, 2007 at 10:30 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. 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/ Dawn S. Sunday, 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 ? ,,,?-,gwQd9J'? ?o ?-h ?M ? rod/ S S =1 i WV Z- MV LOOZ JUN 0 4 2007 m/ CONSTANTINE TOULOUMES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-3518 CIVIL ACTION LAW MEGAN TOULOUMES Defendant IN CUSTODY ORDER OF COURT AND NOW, this it A day of -Sy h. C , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated October 11, 2002, July 11, 2003 and May 8, 2006, shall continue in effect as modified by this Order. 2. The parties shall make arrangements for the Child to participate in counseling with Sally Rooney or other professional selected by agreement between the parties. The purpose of the counseling shall be to provide the Child with a neutral third party with whom to address the impact of the custodial situation and the proposed changes thereto and to provide guidance to the parents concerning the Child's emotional well-being to assist them in making informed decisions which will best meet the Child's needs. The costs of the counseling shall be shared equally between the parties. 3. Provision 4 of the prior Order of this Court dated October 11, 2002 is modified as follows: A. Thanksgiving: The Thanksgiving holiday period shall run from after school on the Wednesday before Thanksgiving through the following Monday at 6:00 p.m. The Mother shall have custody of the Child for Thanksgiving in odd-numbered years and the Father shall have custody in even-numbered years. B. Memorial Da /Labor Day: The Memorial Day and Labor Day holiday periods of custody shall run from after school on the Friday before the holiday through the Monday holiday at 6:00 p.m. In odd-numbered years, the Father shall have custody of the Child for the Memorial Day holiday and the Mother shall have custody for the Labor Day holiday. In even-numbered years, the Mother shall have custody of the Child for the Memorial Day holiday and the Father shall have custody for the Labor Day holiday. 4. In the event the parties are unable to reach an agreement as to the ongoing custody arrangements following a reasonable number of counseling sessions pursuant to this Order, counsel for either party may request the scheduling of a hearing. BY THE COURT, cc: /mes R. Demmel, Esquire - Counsel for Father amuel L. Andes, Esquire - Counsel for Mother ` 4?jrjj Ij I ? .0I W I I NAr LOR AdViONVHU'Jd 311 JO M1;:HYCI-CIIIIA CONSTANTINE TOULOUMES Plaintiff VS. MEGAN TOULOUMES Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3518 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 CUSTODY OF Marianna Constantine Touloumes April 19, 1999 Mother/Father 2. A custody conciliation conference was held on May 23, 2007 with the following individuals in attendance: the Father, Constantine Touloumes, with his counsel, James R. Demmel, Esquire, and the Mother, Megan Touloumes, with her counsel, Samuel L. Andes, Esquire. 3. The Mother's counsel indicated that Judge Hess, who has previously entered Orders in this matter, more recently conducted the marriage ceremony for the Father and his current wife, thereby creating a potential conflict or more accurately, the potential appearance of impropriety for continued involvement. Mr. Andes indicated that he intended to address this issue in a letter to Judge Hess and opposing counsel. 4. The parties agreed to entry of an Order in the form as attached. c` as- aoo Dd1"z- a, ate Dawn S. Sunday, Esquire Custody Conciliator