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HomeMy WebLinkAbout03-0819 THOMAS C. COSTOPOULOS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 63-- ~ Iq : CIVIL ACTION - AT LA W : CUSTODY A VERI M. STEVENS and CONSTANTINE T. COSTOPOULOS, Defendants COMPl,AlNT IN CnSTODV AND NOW comes the Plaintiff, Thomas C. Costopoulos, by and through his attorney, Charles Rector, Esquire, and makes the following Complaint in Custody: 1. The Plaintiff, Thomas C. Costopoulos, is an adult individual who currently resides at 127 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, A veri M. Stevens (hereinafter referred to as "Mother"), is an adult individual who currently resides at 44 Conway Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Defendant, Constantine T. Costopoulos (hereinafter referred to as "Father"), is an adult individual who currently resides at 63 F Street, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The Plaintiff seeks periods of partial custody with the following child: Name Present Residence Age Noah Ryan Cates Costopoulos 44 Conway Street Carlisle, P A 17013 2 yrs. (DOB 9/9/00) The child, Noah Ryan Cates Costopoulos (hereinafter referred to as "the Child"), is presently in the custody of his natural mother, Averi M. Stevens, who currently resides at 44 Conway Street, Carlisle, Cumberland County, Pennsylvania 17013. Since birth, the child has resided with the following persons and at the following addresses: Name Address Dates A veri Stevens Don Stevens Constance Stevens 44 Conway Street Carlisle, P A 17013 9/1/02 to present Constance Stevens Don Stevens 44 Conway Street Carlisle, P A 17013 5/1 0/02 to 9/1/02 Constantine Costopoulos A veri Stevens 1950B Fry Loop Carlisle, P A 17013 January 2001 to 5/10/02 Constantine Costopoulos A veri Stevens 17 E. Louther Street Carlisle, PA 17013 birth until January 2001 The natural mother of the child is A veri M. Stevens, Defendant, currently residing at 44 Conway Street, Carlisle, Cumberland County, Pennsylvania 17013. The natural father of the child is Constantine T. Costopoulos, Defendant, who currently resides at 63 F Street, Carlisle, Cumberland County, Pennsylvania 17013. The child was born out of wedlock. 5. The relationship of the Plaintiff to the child is that of natural paternal grandfather. The Plaintiff currently resides with his wife, Jeanne B. Costopoulos, at 127 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013. The relationship of Defendant Averi M. Stevens to the child is that of natural mother. Mother currently resides with her grandparents, Donald Stevens and Constance Stevens, at their home located at 44 Conway Street, Carlisle, Cumberland County Pennsylvania 17013. The relationship of Defendant Constantine T. Costopoulos to the child is that of natural father. Father currently resides at the home of Georgia A. Fourlas located at 63 F Street, Carlisle, Cumberland County, Pennsylvania 17013. It is unknown by Plaintiff with whom Father resides besides Ms. Fourlas. 6. 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. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 8. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural paternal grandfather of the child. (b) Plaintiff has established a bond with the child. (c) Plaintiff loves the child and desires to spend quality unsupervised time with the child. (d) Previous attempts to schedule unsupervised periods of partial custody with the child through Defendants have failed. 9. 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. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order setting forth specific periods of partial physical custody of his grandson. THOMAS C. COSTOPOULOS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. A VERI M. STEVENS and CONSTANTINE T. COSTOPOULOS, Defendants : CIVIL ACTION - AT LAW : CUSTODY VF.RIFICA TION I, Thomas C. Costopoulos, hereby verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: 'J--).. ~ - 0 3 Jl [ ~ Signature:" ~ \ THOMAS C-:- CO 1 uro(J["""OS ~ ~ ,,(\ J 4 - ::::--- w ........... C) .It 4 ..Q 0"-- (" -. " ~ 0 o ~- c. ~ - , .,., @) r- (:0 ..-_ THOMAS C. COSTOPOULOS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-819 CIVIL ACTION LAW A VERI M. STEVENS AND CONSTANTINE T. COSTOPOULOS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 27, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, P A 17055 on Wednesday, March 26, 2003 , the conciliator, 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 ifthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. An 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 hearin2. 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 AITORNEY 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 ~~.p '? ~~? Co- (e~ e (ry ~ rz ~ - ~ rcJ'ce~c> ~ ~~ ~~?.pI Bl-{f'C' ~'J.N VI~'VJn^SNN3d no. I 11',,:./"1. J......... "' \, ,I : / ',' ~U'A1n'"'l "'-Ia~v v 6 I :~ i-ld l? 8- (.. .:1.:J tD AI1-i/ ("c". ;,". iJ.J..V'i'~i..), . :J""/ . ,.. .J'o v .I.J, ' ( ",. ./\ .. .J~'....)-\..J.~i fft:.j " THOMAS C. COSTOPOULOS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-819 CNIL ACTION LAW A VERI M. STEVENS AND CONSTANTINE COSTOPOULOS Defendant IN CUSTODY ORDER OF COURT AND NOW, this /J-- day of +,,' / ' 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The paternal Grandfather shall have periods of custody with the Child, Noah Costopoulos, on alternating Wednesdays from 5:00 pm until 8:30 pm beginning April 2, 2003. Either the Mother, Averi M. Stevens, or the Father, Constantine Costopoulos, shall be present during all periods of custody under this provision. The Mother shall transport the Child to and from the paternal Grandfather's residence unless otherwise agreed between the parties. 2. The parties shall cooperate in selecting a different weekday evening if necessary to accommodate class or work schedules. 3. After completing six periods of custody in accordance with the preceding provisions, counsel for any party, or a party pro se may contact the conciliator to schedule an additional custody conciliation conference if necessary to review the arrangements. 4. 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 consent of all parties. In the absence of consent of all parties, the terms of this Order shall control. BY THE COURT, ---4./1/1- /) J. cc: Charles Rector, Esquire - Counsel for Paternal Grandfather A veri M. Stevens, Mother .A~ Constantine T. Costopoulos, Father I ~ ~_bl-O..3 ~. 'ilN\i^lASNN3d AlNnOl (1~,I'r':-r:::l:Wmc> (; S : tI HV I - cld~ 80 ^~J'dlC;;\,...:, . jO :;!Jl~::lC)- CJJH .; THOMAS C. COSTOPOULOS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 0~-819 CIVIL ACTION LAW A VERI M. STEVENS AND CONSTANTINE COSTOPOULOS 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 Noah Ryan Cates Costopoulos September 9, 2000 Mother 2. A Conciliation Conference was held on March 26, 2003, with the following individuals in attendance: The paternal Grandfather, Thomas C. Costopoulos, with his counsel, Charles Rector, Esquire, the Mother, Averi M. Stevens and the Father, Constantine T. Costopoulos. Neither the Mother nor the Father were represented by counsel at the conference. The paternal Grandfather's wife, Jeanne B. Costopoulos also participated in the conference. 3. The parties agreed to entry of an Order in the form as attached. t1t~ a1- 7 J.oo'~ Date I a~~ Dawn S. Sunday, Esquire Custody Conciliator .' . . ~ THOMAS C. COSTOPOULOS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-819 CIVIL ACTION LAW A VERI M. STEVENS AND CONSTANTINE COSTOPOULOS Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 2>oJ day of 0 c.h h </ , 2003, upo consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of this Court is vacated and replaced with this Order. 2. The Paternal Grandfather shall have periods of custody with the Child, Noah Costopoulos, on alternating Thursdays from 5:00 pm until 8:30 pm. 3. The parties shall cooperate in selecting a different weekday evening if it is necessary to accommodate class or work schedules. 4. The Paternal Grandfather shall provide transportation for all exchanges of custody under thi Order. 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 consent of all parties. In the absence of consent of all parties, the terms of this Order shall control. BY THE COURT, /lJ J. cctCharles Rector, Esquire - Counsel for Paternal Grandfather vMarcus A. McKnight III, Esquire - Counsel for Mother /Constantine T. Costopoulos, Father .,j~' I . chi RX6 j(). ~3 ~C0 '- ~_/II\r\,N\l;\S:\! M3d '''1\ -'-'-';-"~~Clv.Jn8 SU :Di HV SZ DO EO AcJv'lU,,;~:,';,."_"~:~ .~ L :!O 3:iij.:!C}- THOMAS C. COSTOPOULOS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-819 CNIL ACTION LAW A VERI M. STEVENS AND CONSTANTINE COSTOPOULOS Defendants IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVI 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 a follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Noah Costopoulos September 9, 2000 Mother 2. A Conciliation Conference was held on October 14, 2003, with the following individuals in attendance: The Paternal Grandfather, Thomas C. Costopoulos, with his counsel, Charles Rector, Esquire, the Mother, A veri M. Stevens, with her counsel, Marcus A. McKnight III, Esquire, and the Father, Constantine Costopoulos who is not represented by counsel in this matter. The Maternal Grandmother. Constance Stevens also participated in the conference as she was present to participate in a related custody matter involving the same Child. 3. The parties agreed to entry of an Order in the form as attached. ()~ J"i; ..:JO~.~ Date tJ... ~<r- Dawn S. Sunday, Esquire Custody Conciliator THOMAS C. COSTOPOULOS, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : Nos. 03-819 A VERI M. STEVENS and CONSTANTINE T. COSTOPOULOS, Defendants CIVIL ACTION - AT LAW IN CUSTODY PF,TTTTON FOR FTNDTNr. OF CONTF:MPT AND NOW comes the Plaintiff, Thomas C. Costopoulos, and avers the following: 1. The Plaintiff, Thomas C. Costopoulos (hereinafter referred to as Grandfather), is an adult individual who currently resides at 127 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, A veri M. Stevens (hereinafter referred to as Mother), is an adult individual who currently resides in Plainfield, Cumberland County, Pennsylvania. 3. The Defendant, Constantine T. Costopoulos (hereinafter referred to as Father), is an adult individual who currently resides at 138-A N. Hanover Street, Apt. A, Carlisle, Cumberland County, Pennsylvania, 17013. 4. An Order of Court was entered at the above term and docket number on October 22, 2003. A copy of said Order is attached as Exhibit A. 5. Mother has willfully violated the October 22, 2003 Order of Court as follows: a. Late afternoon on Monday, February 27, 2006, Mother called Grandfather to tell him that Father did not show up for work one morning (Father works with Mother's boyfriend). She said she believed Father was doing drugs again and that she was going to tell his parole officer. She further stated that she wished Father would overdose on drugs and die. Grandfather called Father and told him Mother's allegations regarding drug abuse and Father then called Mother's boyfriend regarding Mother's statements to Grandfather. Father then called Grandfather and asked him to call Mother's boyfriend to confirm what Mother had said since Mother's boyfriend was skeptical hearing it from Father. Grandfather then called Mother's boyfriend and confirmed the statements Mother had made to him. At 9:20 p.m., Mother left Grandfather an offensive message on his cellular telephone in which she called him a "dumb motherf"**er", told him "you're done seeing Noah.. . everything is done", accused him of running his "f"**ing little Greek f"**ing mouth about dumb little shit", and ended the call with "it's on now, bitch". b. Despite having received the offensive message from Mother on February 27, 2006, and assuming that Mother was probably either high or intoxicated when she had left the message, Grandfather called Great-grandparents' home on Sunday, March 5, 2006 at 12:00 p.m. and left a message regarding when he could make arrangements to see the child. c. On March 6, 2006 at 1 :00 p.m., Mother called Grandfather on his cellular phone and told him Great-grandparents didn't want him calling their home anymore, that she wasn't going to deal with him either, and that they had "big bucks" to fight him in court to prevent him from seeing the child again. WHEREFORE, Grandfather respectfully requests this Honorable Court to make a finding of Contempt, to award Grandfather periods of make-up time for those periods of time the child was wrongfully withheld from him, to award attorney fees and costs for the preparation and litigation of this Petition, as well as enter sanctions against Mother if deemed appropriate. Respectfully submitted, lll, ~/ Thomas C. Costopoulos c/o Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 920-2500 THOMAS C. COSTOPOULOS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : Nos. 03-819 A VERI M. STEVENS and CONSTANTINE T. COSTOPOULOS, Defendants : CIVIL ACTION - AT LAW : IN CUSTODY VRRTFJCATTON I, Thomas C. Costopoulos, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: ~.I.~ - 00 Si,"'"",~! (,~ Thomas C. Costopoulos EXHIBIT A ~C~l 7 2003 ~\" if THOMAS C. COSTOPOULOS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-819 CNIL ACTION LAW A VERI M. STEVENS AND CONSTANTINE COSTOPOULOS Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1~n.d day of &'to bel< , 2003, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Order ofthis Court is vacated and replaced with this Order. 2. The Paternal Grandfather shall have periods of custody with the Child, Noah Costopoulos, on alternating Thursdays from 5:00 pm until 8:30 pm. 3. The partIes shall cooperate in selecting a different weekday evening ifit is necessary to accommodate class or work schedules. 4. The Paternal Grandfather shall provide transportation for all exchanges of custody under this Order. 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 consent of all parties. In the absence of consent of all parties, the terms of this Order shall controL BY THE COURT, ISI~rWn ..9~'MJ 1. cc: Charles Rector, Esquire - Counsel for Paternal Grandfather Marcus A. McKnight III, Esquire - Counsel for Mother 'nm l ;.'!' ~ Constantine T. Costopoulos, Father ! h THOMAS C. COSTOPOULOS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : Nos. 03-819 A VERI M. STEVENS and CONSTANTINE T. COSTOPOULOS, Defendants CIVIL ACTION - AT LAW IN CUSTODY C:F,RTTFlCATF, OF SRRVlCR I, Jeanne B. Costopoulos, Esquire, hereby certifY that this day I served a copy of the foregoing document upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Marcus A. McKnight, III, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 BY: DATED: '?Jr/66 Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA l70ll Phone: (717) 920-2500 ?A Supreme Ct. ID No. 68735 "". ... . PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS C. COSTOPOULOS V. 03-819 CIVIL ACTION LA W A VERI M. STEVENS AND CONSTANTINE T.COSTOPOULOS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. . Monday, Mareh 20, 2006 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beli)[e Dawn S. Snnday, Esq. . the conciliator. at_ ._3l),l:Vest Main Street, Meeltaniesburg, PA 17055 on 'I"ue,,<IaY';\,l'ril..1..!-,--~~__ at II :30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will he 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 li)[ 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: _/sl Dawn S. Sunday, Esq. Custody Conciliator 1Jll Thc Court ofComlllon Pleas of Cumberland County is required by taw to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business beti)re the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business beli)rc the court. You lllUst attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 /i';;1.1 (i/ ~ "tJr;>'lf.'J ?j IrrvV! w~~7 ,10 I (: . f ~~~J ~ i/{J:j ~ ~li,1 ,v it' f. ~vPuPJ C-" 'j". 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