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HomeMy WebLinkAbout04-5693AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 scheduling conference or hearing. CONSTANCE STEVENS and DONALD E. STEVENS, Plaintiffs AVERI M. STEVENS and CONSTANTINE T. COSTOPOULOS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0 ~CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiffs, Constance Stevens and Donald E. Stevens, by their attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Constance Stevens and her husband, Donald E. Stevens, are adult individuals with an address of 44 Conway Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Averi M. Stevens, is the natural mother of Noah Costopoulos, whose date of birth is September 9, 2000. 3. The Defendant, Averi M. Stevens, is currently in inpatient treatment for substance abuse at Roxbury Treatment Center, Roxbury Road, Shippensburg, Pennsylvania. 4. The Defendant, Constantine T. Costopoulos, is an adult individual residing at 127 Regency Woods North, Carlisle, Pennsylvania, 17013, and is the natural father of said minor child. o The Plaintiffs, Constance Stevens and Donald E. Stevens, are the maternal great- grandparents of said minor child. 6. The Plaintiffs seek legal custody and primary physical custody of the following child: Name Present Address Date of Birth Age Noah Costopoulos 44 Conway Street September 9, 2000 4 years Carlisle, PA 17013 7. The child is presently in the custody of the Plaintiffs, Constance Stevens and Donald E. Stevens, maternal great-grandparents, and Averi M. Stevens, natural mother, and has lived with them for the past two and 1/2 years. 8. An Order of Court dated October 22, 2003, was entered by Judge Kevin A. Hess, a copy of said Order is attached hereto and marked as Exhibit "A". 9. On or about Monday, November 8, 2004, the Defendant, Averi M. Stevens, was using drugs and signed herself into the residential rehabilitation program at Roxbury Treatment Center. 10. The Plaintiffs desire that they have legal custody and primary physical custody of said minor child. 11. 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 Donald E. Stevens, respectfully request that they be awarded primary physical custody and shared legal custody of Noah Costopoulos, as provided herein. Date: November 11, 2004 By: Respectfully submitted, IRWIN & McKNIGHT cu~l~tlgh~, II, Iq,Esquire ^ttorn~or Plaintiff x~ 60 W6~t Pomfr~ Street Carlisle~x~ennsplvania 17~1~3-3222 (717) 249'~235 B Supreme Court I. D. No. 25476 EXHIBIT "A" CONSTANCE STEVENS AND AVERI M. STEVENS, Plaintiff VS. CONSTANTINE T. COSTOPOULOS Defendant OCT 1 ? 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4478 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ,~ day of (~0~O~o~ , 2003, upon 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, born 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 fight, 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 present 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, j. cc: Marcus A. McKnight III, Esquire - Counsel for Maternal Grandmother and Mother Constantine T. Costopoulos, Father In Testimony x,d',, r¢,~f, I hrzre unto set my hand a~lhe se,' of sai~ Court~le, ~ Profhonota~ CONSTANCE STEVENS AND AVERI M. STEVENS, : Plaintiff : vs. : 03-4478 : : CONSTANTINE T. COSTOPOULOS : Defendant : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 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 Costopoulos September 9, 2000 Mother 2. A Conciliation Conference was held on October 14, 2003, with the following individuals in attendance: The Maternal Grandmother, Constance Stevens, and the Mother, Averi Stevens, with their counsel, Marcus A. McKnight III, Esquire, and the Father, Constantine T. Costopoulos, who is not represented by counsel in this matter. The Paternal Grandfather, Thomas C. Costopoulos and his counsel, Charles Rector, Esquire also participated in the conference as they were 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. Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and us in the preparation of this action. We have head the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DONALD E. STEVENS Date: November 11, 2004 CONSTANCE STEVENS and DONALD E. STEVENS Petitioner/Plaintiffs AVERI M. STEVENS and CONSTANTINE T. COSTOPOULOS, Respondents/Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-5693 CIVIL TERM : CIVIL ACTION-LAW : IN CUSTODY .. PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiffs/Petitioners, Constance Stevens and Donald E. Stevens, in the above captioned case. ~vlarcus A. I~Knight~ III, Esquire W. Pornfret Pr, efeesConal Building 60 W. Pomfret St. CarlislE;, PA 17013 (717) 249-2353 PRAEClPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiffs/Petitioners, Constance Stevens and Donald E. Stevens, in the above captioned case. SAIDIS, SHUFF. FLOWER_& ~SAY, for Pla~'~i~P~ne~ P.C. Attorneys 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY ATIURNEYS.AT-LAW 26 W. High Street Carlisle, PA II CONSTANCE STEVENS and DONALD E. STEVENS Petitioner/Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-5693 CIVIL TERM VERI M. STEVENS and : CIVIL ACTION-LAW CONSTANTINE T. COSTOPOULOS, IN CUSTODY Respondents/Defendants PRAECIPE TO WITHDRAW o THE PROTHONOTARY: Please withdraw the Petition for Custody of the Plaintiffs herein. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Date: 1/14/05 AttometiY~ ~r Plalntiff\Petitioners I t 7 By: Carol J. 'Ind ay, Esquire 10#44 26 West High Street Carlisle, PA 17013 (717) 243-6222 (-- - --:-... - <,...) JAN 2 0 20!1'.Lf CONSTANCE STEVENS AND DONALD E. STEVENS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-5693 CIVIL ACTION LAW A VERI M. STEVENS AND CONSTANTINE T. COSTOPOULOS Defendant IN CUSTODY ORDER AND NOW, this 18th day of JanuarV,2005 , I:he conciliator, being advised by plaintiff's counsel that plaintiffs have withdrawn the Petition for Custody in the above-captioned case, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for January 19, 2005, is cancelled. FOR THE COURT, :a~' ~ Dawn S. sunday,~ Custody Conciliator r'~" r::;'; :,::.~ ~;~ --I ~t""1J \ \ 'f:~ -~, i rl -'~~y l,() . ~..H ~ \~,;,,) r1 ) 1 -> t,",'