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HomeMy WebLinkAbout03-4478CONSTANCE STEVENS and AVERI M. STEVENS, Plaintiffs CONSTANTINE T. COSTOPOULOS, Defendant : IN THE COURT OF COMMON PLEAS OF ,_ : CUMBERLAND COUNTY, PENNSYLVANIA : 03 : NO. CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiffs, Constance Stevens and Averi M. Stevens, by their attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody. 1. The Plaintiff, Constance Stevens, is an adult individual with an address of 44 Conway Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Plaintiff, Averi M. Stevens, is an adult individual with an address of 44 Conway Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant, Constantine T. Costopoulos, is an adult individual who is currently incarcerated in the Cumberland County Prison. 4. The Plaintiff, Averi M. Stevens, is the natural mother of Noah Costopoulos, whose date of birth is September 9, 2000. The Defendant, Constantine T. Costopoulos, is the natural father of said minor child. 6. The Pla'tariff, Constance Stevens, is the maternal great-grandmother of said minor child. 7. The Plaintiffs seek primary physical custody of the following child: Name Present Address Date of Birth Age Noah Costopoulos 44 Conway Street September 9, 2000 3 years Carlisle, PA 17013 8. The minor child, Noah Costopoulos, was born out of wedlock. 9. The child is presently in the custody of the Plaintiffs, Constance Stevens, maternal great- grandmother, and Averi M. Stevens, natural mother, who both reside at 44 Conway Street, Carlisle, Pennsylvania 17013. 10. During the past 3 years, the child has resided with the following persons and at the following addresses: List All Persons Averi M. Stevens Constantine Costopoulos Constance Stevens Averi M. Stevens Constance Stevens List All Addresses 1950B Fry Loop Ave. Carlisle, PA 17013 44 Conway Street 44 Conway Street Carlisle, PA 17013 Dates Birth to 07/15/02 07/15/02 to Present 09/02/02 to Present 11. The Plaintiffs desire that the parties have shared legal custody of the minor child, Noah Costopoulos. 12. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiffs' request as set forth above. WHEREFORE, Constance Stevens and Averi M. Stevens, respectfully requests that they be awarded primary physical custody and shared legal custody of Noah Costopoulos, as provided herein. Date: September 11, 2003 By: 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. CO~STANCE STEVENS Date: September 11, 2003 CONSTANCE STEVENS AND AVERI M. STEVENS PLAINTIFF V. CONSTANTINE T. COSTOPOULOS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-4478 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 17, 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, Meehanicsburg, PA 17055 on Tuesday, October 14, 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 de£me 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 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 TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU (:AN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CONSTANCE STEVENS AND AVERI M. STEVENS, Plaintiff VS. CONSTANTINE T. COSTOPOULOS Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4478 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this z'z? day of (2)e.J~ ~ , 2003, upm consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Averi Stevens, shall have sole legal custody of Noah Costopoulos, bom September 9, 2000 for six months beginning on the date of this Order. Thereafter, the Mother, and the Father, Constantine T. Costopoulos, shall have shared legal custody of the Child whereby 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 his 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. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have periods of custody with the Child for 3-5 hours on one day each week with the specific times and days to be arranged by agreement of the parties forty eight hours in advance. The Paternal Grandfather, or other adult selected by agreement of the parties, shall be presen during the first six periods of custody under this provision. 4. The Father shall have periods of custody with the Child over each holiday, with the specific arrangements to be established by agreement between the parties. 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:"~arcus A. McKnight III, Esquire - Counsel for Maternal Grandmother and Mother t/Constantine T. Costopoulos, Father CONSTANCE STEVENS AND AVERI M. STEVENS, Plaintiff VS. CONSTANTINE T. COSTOPOULOS Defendant 1N THE COCRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4478 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 snbmits the following report: follows: NAME Noah Costopoulos The pertinent information concerning the Child who is the subject of this litigation is DATE OF BIRTH September 9, 2000 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held on October 14, 2003, with the following individuals attendance: The Maternal Grandmother, Constance Stevens, and the Mother, Averi Stevens, with the ir counsel, Marcus A. McKnight III, Esquire, and the Father, Constantine T. Costopoulos, who is represented by counsel in this matter. The Paternal Grandfather, Thomas C. Costopoulos and is counsel, Charles Rector, Esquire also participated in the conference as they were present to particil; te in a related custody matter involving the same Child. 3. The parties agreed to entry of an Order in the form as a]Itached. Date Dawn S. Sunday, Esquire Custody Conciliator