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HomeMy WebLinkAbout08-3714JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff WAYNE MORRIS, Plaintiff VS. CYNTHIA DRAZENOVICH, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No CIVIL ACTION - AT LAW CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Plaintiff, Wayne Morris, by and through his attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Custody: 1. Plaintiff, Wayne Morris (Father hereinafter), is an adult individual currently residing at 4833 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Cynthia Drazenovich (Mother hereinafter), is an adult individual currently residing at 20 N. Front Street, Minersville, Schuylkill County, Pennsylvania, 17954. 3. There is one (1) dependent child from the parties' relationship, namely James Kaleb Morris, born December 27, 2006 (the child hereinafter). 4. The parties are not married. The child was born out of wedlock. 5. Mother left Father on May 23, 2008, since that time, the parties have been sharing custody of the child with Father having custody of the child from Sunday through Thursday and Mother having custody of the child from Thursday through Sunday. 6. Since birth, the child has resided at the following locations with the following people: 1 Mother Mulberry Station Apartments #14 Father Harrisburg, PA Mother 4833 Brian Road Father Mechanicsburg, PA 17050 *Father 4833 Brian Road Mechanicsburg, PA 17050 *Mother 20 N. Front Street Mother's father Minersville, PA 17954 Mother's paternal grandmother 12/27/06-10/15/07 10/15/08-5/23/08 5/23/08 to present* 5/23/08 to present* *Mother and Father have shared custody of the child from May 23, 2008 to the present with Father having custody of the child from Sunday through Thursday and Mother having custody of the child from Thursday through Sunday. 7. Father is the natural father of the child and he currently resides with the subject child (see above*) at 4833 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 8. Mother is the natural mother of the child and she currently resides with her father, Mark Drazenovich, her paternal grandmother, and the subject child (see above*) at 20 N. Front Street, Minersville, Schuylkill County, Pennsylvania, 17954. 9. Father has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 10. Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 11. Father does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. The best interest and permanent welfare of the child will be served by granting Father 2 primary physical and shared legal custody of the parties' son for the following reasons: a) Father is in a better position to provide the child with a safe and stable home in which to reside. b) Mother's recent behavior and decisions have given rise to concerns that she is not acting in the child's best interests. 13. 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, Wayne Morris, respectfully requests this Honorable Court to grant him primary physical and shared legal custody of the parties' minor son, James Kaleb Morris. Respectfully Submitted: By. JE NE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Date: 3 VERIFICATION I, Wayne Morris, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: A400 2008 Wa rris a c b W d G? "?1r j + rv C:j r L? w -71 ?V Co r -r? t a? 0 WAYNE MORRIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-3714 CIVIL ACTION LAW CYNTHIA DRAZENOVICH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, June 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 29, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac uc ne M. Verne 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 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 )eVP7? 46P lik.l.f,?? r '?P7 ?'et 1aJ 9 :? I'M 0E NIA B OZ JUL 3 n 2006 3 WAYNE MORRIS, Plaintiff V. CYNTHIA DRAZENOVICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3714 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 14 +\ day of An? , 2008, upon consideration of the attached Custody Concilia on Report, it is ordered and directed as follows: 1. The Father, Wayne Morris and the Mother, Cynthia Drazenovich, shall have shared legal custody of James Kaleb Morris, bom December 27, 2006. 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child every week from Tuesday at 2:30 p.m. to Friday at 6:30 p.m. 4. Transportation shall be shared by the parties such that the party relinquishing custody shall transport the child. 5. Holidays shall be shared at times agreed by the parties. 6. Each party shall be entitled to one full week of physical custody during the year, provided they give the other party thirty days prior notice. 7. The child shall not be alone with Matthew Adamick. 8. 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 J. 9V-J'e'anne B. Costopoulos, Esquire, Counsel for Father ?Ytobert J. Dailey, Esquire, Counsel for Mother 1 .V6A 14 t WAYNE MORRIS, Plaintiff V. CYNTHIA DRAZENOVICH, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3714 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 James Kaleb Morris December 27, 2006 Mother 2. A Conciliation Conference was held in this matter on July 29, 2008, with the following in attendance: The Father, Wayne Morris, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Cynthia Drazenovich, with her counsel, Robert J. Dailey, Esquire. 3. The parties agreed to an Order in the form as attached. e"t -O? /"lV Date Jac eline M. Verney, Esquire Custody Conciliator