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HomeMy WebLinkAbout04-2137MARIA ANDREA TRAGOULIAS, Plaintiff CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES, and DAVID A. SEIFERT, Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. Oq - 0,137 : : CIVIL ACTION - AT LAW : CUSTODY COMPI,AINT IN CUSTODY AND NOW, the Plaintiff, Maria Andrea Tragoulias, by and through her attorney, Jeann6 B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Complaint of Maria Andrea Tragoulias respectfully represents that on May 8, 2003, an Order of Court was entered regarding custody of Angel Marie Siefert, bom December 11, 2000. Said Order is attached hereto as Exhibit A. 2. The Plaintiff, Maria Andrea Tragoulias is an adult individual who currently resides at 229 Briggs Street, Harrisburg, Dauphin County, Pennsylvania, 17102. 3. The Defendant, Cumberland County Children and Youth Services, is a County agency located at Suite 200, Human Services Building, 16 West High Street, Carlisle, Cumberland County, Pennsylvania, 17013 -2961. 4. The Defendant, David A. Seifert, is an adult individual who currently resides at 12 Market Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 5. Plaintiffis the biological mother of the subject child. 6. The Plaintiff seeks reinstatemem of a shared physical custody schedule regarding the following child: Angel Made Seifert Pre~e, nt Residence 2k~ 12 Market Street 3 years Mechanicsburg, PA 17055 7. The child was not bom out of wedlock. 8. According to the current Order of Court dated May 8, 2003, in the case between Plaintiff and Defendant A. Seifert at Cumberland County custody docket number 03-1028, Plaintiff and Defendant David A. Seifert share legal and physical custody of the subject child. 9. Following a report of abuse made to Cumberland County Children & Youth Services, a report assumed to have been made by Defendant David A. Siefert, Plaintiff was investigated, resulting in an "indicated" report. 10. Plaintiff denies any abuse of the subject child. 11. The subject child has told Plaintiffthat she [the subject child] knows that she [Plaintiff] did not hurt her. 12. Cumberland County Children & Youth Services has arbitrarily and without a dependency heating instituted changes to the May 8, 2003 Order of Court, which include limiting Plaintiff's contact with the child to a schedule of supervised visitation as dictated by Children & Youth personnel. 13. Supervised visitation is unnecessary and is inconsistent with existing Custody Order. 14. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this court at civil docket number 03-1028 which resulted in the May 8, 2003 Order of Court. Children & Youth was not a party to that proceeding. ~? 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 16. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the child. (b) Plaintiff did not abuse her child. (c) Plaintiff is not a physical threat to the child. (d) The current Custody Order has not been modified and Plaintiff desires that it be reinstated at his docket and that Children & Youth Services be ordered to cooperate with implementation of the May 8, 2003 Order of Court. 17. Each parent whose parental rights to the child have not been terminated and the agency 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 that she be granted shared physical custody of the subject child as previously granted in the Order of Court dated May 8, 2003. ReTly submitted, ~ Jeann6 B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 PA Supreme Ct. ID No. 68735 ATTORNEY FOR PLAINTIFF Date: MARIA ANDREA TRAGOULIAS, Plaintiff CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES, and DAVID A. SEIFERT, Defendants THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1028 CiVIL TERM CiVIL ACTION - AT LAW CUSTODY VERIFICATION I, Maria Andrea Tragoulias, hereby verify that the statements made in the foregoing Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. EXHIBIT A MARIA ANDREA TRAGOULIAS, Plaintiff V. DAVID A. SEIFERT, Defendant ][~.l~C~: ~o ~ HAY 0 7 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1028 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~'~ day of May: 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. Maria Andrea Tragoulias and David A. Seifert shall have shared legal custody of the minor child Angel Made Seifert, bom December 11,2000. 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 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 of 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. 2. Physical-Custody. The parties will share physical custody of the child on a two week alternating schedule: During week One, Father will have custody from 2:30 p.m. Sunday until 8:30 a.m. Fdday and Mother will have custody from 8:30 a.m. Friday until 2:30 p.m. Sunday. During week Two, Father will have custody from 2:30 p.m. Sunday through 8:30 a.m. Thursday and Mother will have custody 8:30 a.m. Thursday until 2:30 p.m. Sunday. This schedule will commence on Friday, May 2, 2003 with Mother receiving custody at 8:30 a.m. for the week One schedule. 3. Druc~s and Alcohol. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. NO. 03-1028 CIVIL TERM 4. Transportation. Mother will provide transportation incident to the custodial exchange which occurs on Sunday afternoons. The Thursday and Friday morning custodial exchanges will occur at a meeting point at the Department of Environmental Protection. 5. Holidays. Parties will share time with the child on the holidays as agreed. Dist: BY THE COURT: Arthur K. Dils, Esquire, 1017 North Front Street, Hanisburg, PA 17102 Nora F. Blair, Esquire, 5440 Jonestown Road, Harrisburg, PA 17112 TRUE COPY FROM RECORD tn Testiand,~e.mos~n~ o~/here0~,said ~1 here unt,,o Setrt i~,,~rl'lsle~ P~.'/hand MARIA ANDREA TRAGOULIAS, Plaintiff CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES, and DAVID A. SEIFERT, Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-1028 CIVIL TERM : : : CIVIL ACTION - AT LAW : CUSTODY CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing Complaint upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: David Allen Seifert 12 Market Street Mechanicsburg, PA 17055 Cumberland County Children and Youth Services Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013-2961 Jeann6 B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 PA Supreme Ct. ID No. 68735 ATTORNEY FOR PLAINTIFF MARIA ANDREA TRAGOULIAS PLAINTIFF iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2137 CIVIL ACTION LAW CUMBERLAND COUNTY CHILDREN & YOUTH SERVICES AND DAVID A. SEIFERT : DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 19, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, June 29, 2004 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: /si Melissa P. Greevy. Esq. Custody Conciliator mhc 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 17t)13 Telephone (717) 249-3166 MARIA ANDREA TRAGOULIAS, Plaintiff CUMBERLAND COUNTY CHILDREN & YOUTH SERVICES and DAVID A. SEIFERT, Defendants J~'~ 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2137 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- ORDER OF COURT AND NOW, this [ ~ day of July, 2004, upon consideration of the attached Custody Conciliation Summary Report, and due to the Plaintiff's failure to attend the Custody Conciliation Conference, Plaintiff's Complaint is DISMISSED without prejudice. BY T~) Edward E. Guido, J. Dist: Jeann~ B. Costopoulos, Esquire, 5000 Rifler Road, Suite 202. Mechanicsburg, PA 17055 Maria Andrea Tragoulias, 229 Briggs Street, Harrisburg, PA 17102 David A. Seifert, 14 S. Market Street, 2nd Floor, Mechanicsburg, PA 17055 Lindsay B, Baird, Esquire, Cumberland County Children & Youth Services, 16 W. High Street, Suite 200, Carlisle, PA 17013 MARIA ANDREA TRAGOULIAS, Plaintiff Vo CUMBERLAND COUNTY CHILDREN & YOUTH SERVICES and DAVID A. SEIFERT, Defendants JUL 1 0 20O4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NC}. 04-2137 CIVIL TERM 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 Angel Marie Seifert DATE OF BIRTH December 11, 2000 CURRENTLY IN THE CUSTODY OF Father 2. Mother filed a Custody Complaint on May 13, 2004 seeking reinstatement of a shared physical custody arrangement between she and Father which was entered by Order of Court dated May 8, 2003 to docket No. 03-1028. A Custody Conciliation Conference was held on June 29, 2004 with the following individuals in attendance: the Father, David A. Seifert, attended pro se. By telephone, Crystal Long, for Cumberland County Children & Youth Services. Mother did not attend. 3. Mother's position on custody is as follows: Neither Mother nor her counsel attended the Custody Conciliation Conference. Her counsel had contacted the Conciliator's office approximately one week prior to the Conference to indicate that it was unlikely either Plaintiff or counsel would attend. Plaintiffs counsel was apparently having serious communication difficulties with her client. 4. Father's position on custody is as follows: Father reports that the child has been in his care, custody and control since June or July 2003. Father resides with the child, his fiancee, Cassandra Showaker, and his one year old son, Riley. 5. Children & Youth Involvement: The Conciliator spoke with Crystal Long of Cumberland County Children & Youth. Her counsel, Lindsay Baird, had advised her not to speak regarding the matter without an Order of Court. NO. 04-2137 CIVIL TERM 6. Conciliator's Recommendation: Neither the Plaintiff nor the Plaintiff's counsel attended the Custody Conciliation which was scheduled for June 29, 2004 by Order dated May 19, 2004, accordingly, the Custody Conciliator recommends that the Complaint in Custody be dismissed without prejudice. - ~l'e'l'iss;~ ~F'G reevy, Esquire / Custody Conciliator ,/ :231821