HomeMy WebLinkAbout10-2757 I
71
.Y
2 i0 APR 26
MELISSA S. FORNEY, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V /G X757 ?/ V/
NO
. .
LEYTON L. MILAKOVIC, JR., CIVIL ACTION -LAW
Defendant CHILD CUSTODY
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after
this Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property, or other rights important to you, including
child custody, or child visitation.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE
MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
of 17?• ze
aUIia6
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea
defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe
tomar accibn dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta
Demands y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes
a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de
tomar accibn como de describe anteriormente, el caso puede proceder sin usted y un fallo
por cualquier suma de dinero reclamada en la demands o cualquier otra reclamaci6n o
remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin
mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes
para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A
LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION
A CERCA DE COMO CONSEGUIER UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN
ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER
INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
MELISSA S. FORNEY,
Plaintiff
V.
LEYTON L. MILAKOVIC, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
. NO.
: CIVIL ACTION -LAW
: CHILD CUSTODY
COMPLAINT FOR CHILD CUSTODY
AND NOW comes the Plaintiff, Melissa S. Forney, by and through her
attorney, Mark T. Silliker, Esquire, and respectfully requests this Honorable Court award
her custody of the subject minor child, and in support thereto, avers the following:
1. Plaintiff is Melissa S. Forney, an adult individual residing at 1295
Kingsley Road, Camp Hill, Cumberland County, Pennsylvania. 17011.
2. Defendant is Layton L. Milakovic, Jr., an adult individual residing at
981 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. 17043.
3. The subject child is Emeraldmay R. Milakovic, born December 8,
2004.
4. The relationship of the Plaintiff to the subject minor child is that of
natural mother.
5. The relationship of the Defendant to the subject minor child is that of
natural father.
6. The minor child has resided at the following addresses, in the custody
of the following individuals:
a. From birth, December 8, 2004, to June, 2007 - the subject
minor child resided at several addresses in the Harrisburg metropolitan
area in the care and custody of the Plaintiff, Melissa S. Forney, and
Defendant, Leyton L. Milakovic, Jr.
b. From June, 2007 to June, 2009 - the subject minor child resided
at 6424 Derry Street, Apartment 2, Harrisburg, Dauphin County,
Pennsylvania in the care and custody of Plaintiff, Melissa S. Forney, and
Defendant, Leyton L. Milakovic, Jr.
c. From June, 2009 to December 9, 2009 - the subject minor child
resided at 1295 Kingsley Road, Camp Hill, Cumberland County,
Pennsylvania in the care and custody of Plaintiff, Melissa S. Forney, and
Defendant, Leyton L. Milakovic, Jr.
d. From December 9, 2009 to April 10, 2010 - the parties shared
physical custody of the subject minor child. Approximately fifty percent
of the time the child resided at 1295 Kingsley Road, Camp Hill,
Cumberland County, Pennsylvania, in the care and custody of the
Plaintiff, Melissa S. Forney, and approximately fifty percent of the time
the child resided at 981 Hummel Avenue, Lemoyne, Cumberland County,
Pennsylvania in the care and custody of the Defendant, Leyton L.
Milakovic, Jr.
e. From April 10, 2010 to present - the subject minor child resides
at 981 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania in
the care and custody of Defendant, Leyton L. Milakovic, Jr.
7. There have been no prior actions for custody of the subject minor child
in this or any other jurisdiction.
8. The Plaintiff is not aware of the existence of any other individuals who
have any type of claim whatsoever regarding the custody of the subject minor child.
9. The Plaintiff is extremely concerned because since the date of the
parties' separation, they had been sharing custody of the subject minor child on a week-
on, week-off basis. However, when Father was supposed to return the child to Mother's
custody on April 17, 2010, he refused to do so. Mother is concerned because see feels
she is a better parent and can better meet the needs of the subject minor child. More than
that, it clearly is not in the subject minor child's best interest to be away from Mother for
an extended and otherwise indefinite period.
10. Father has, without any justification, only allowed Mother and child
to see each other for extremely restricted periods of visitation, only letting Mother see the
child if Father is present in the room. Therefore, Mother would request this Honorable
Court grant her immediate custody, with reasonable rights of visitation unto Father.
11. The Plaintiff believes and therefore avers that she is much better able
to meet the needs of the subject minor child than the Defendant.
12. The Plaintiff believes and therefore avers that it is in the best interest
of the subject minor child that she be placed in her legal and physical custody.
WHEREFORE, Plaintiff requests this Honorable Court award her
immediate custody of the subject minor child, with reasonable rights of visitation unto
Defendant.
Respectfully submitted,
THE LAW OFFICES OF
SILLIKER & REINHOU
Mark2Wiker, Esquire
5922 Linglestown Road
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 33671
Attorney for Melissa S. Forney
AFFIDAVIT
, hereby certify that the aforegoing is true
-04 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. 4909 relating to
unsworn falsifications to authorities.
Dated: X -Z-/ O
Melissa S. Forney, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO: 2010-2757 CIVIL LAW ACTION
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Leyton L. Milakovic JR d
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Defendant CUSTODY ~~ ~ rT- T
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PETITION FOR MODIFICATION PARTIAL CUSTODY ~ ~ ~ ?
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To the Honorable Judge of said Court: ~" ~ ~ ~
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The Petition of Modification of Partial Custody respectfully represents as follows:
1. The Defendant is Leyton L. Milakovic JR.
2. The above case was filed on May 17~' , 2010, and this Court entered a
custody order on May 18~', 2010. A copy of that order is attached to this Petition.
3. The Plaintiff believes that the Court's order should be changed for the
following reasons: The Defendant has failed to comply with the current custody order
issued on May 18~' , 2010. The Plaintiff believes that the Defendant is in contempt of the
custody order. The Plaintiff is also concerned for the welfare of the minor
child while in the custody of the Defendant. The Defendant has taken the minor child
from her current address and moved her to Newport without notifying the Plaintiff before
moving the minor child. The Defendant has also taken the minor child out of her school
of Washington Heights and enrolled her into Newport Elementary School without the
consent or knowledge of the Plaintiff. The Defendant has not complied with the Holiday
part of the order, only allowing the Plaintiff phone contact with the minor child. The
Defendant has not been consistent with the visitation schedule as requested by the
Plaintiff. On several occasions the Plaintiff has witnessed the Defendant being severely
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intoxicated while having the minor child in his custody. On many occasions the
Defendant has left the minor child in the care of other individuals.
4. The Plaintiff requests that the Courts Order be changed as follows: The
Plaintiff is given Primary Physical Custody of the minor child until the Defendant
completes an Alcohol Rehabilitation Service there after would revert back to shared
custody of the minor child. The Plaintiff requests that the Plaintiff and Defendant
complete parenting classes to better communicate in regazds to the minor child. The
Plaintiff also requests that schooling of the minor child be within the West Shore
School District as originally agreed upon by both parties. The Plaintiff requests that the
provisions regarding Zachary Way be taken out of the custody order. The Plaintiff does
not believe that she violated the agreement in section 3 stated in the original order.
5. The Plaintiff believes and therefore avers that it is in the best interest of the
minor child that she placed in her legal and physical custody.
WHEREFORE, Plaintiff requests this Honorable Court awazd her
immediate custody of the minor child, with reasonable rights of visitation unto
Defendant.
Respectfully submitted,
e 'ssa S. Fo ey
BY THE COURT
J.
AFFIDAVIT
I, ~ ~ r'~ ,hereby certify that the aforegoing is true
and correct to the best of my wledge, information and belief. I
understand that false statements herein are made subject to the penalties of
18 Pa. C. S. 4909 relating to unsworn falsifications to authorities.
Date: ~ ~~ ~ _ ~ (~
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Tanner Law Offices, LLC
1300 Market Street, Suite 10
Lemoyne, PA 17043
Phone: (717) 731-8114
Fax (717) 731-8115
MELISSA S. FORNEY, §
Plaintiff/Respondent §
V. §
LEYTON L. MILAKOVIC, JR., §
Defendant/Petitioner §
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-2757
CIVIL ACTION - CUSTODY
EMERGENCY PETITION FOR CONTEMPT/
MODIFICATION OF A CUSTODY ORO
AND NOW, comes the Petitioner, Leyton L. Milakovic, Jr., by and through his
attorney, Tanner Law Offices, LLC, and represents as follows:
1. Petitioner, Leyton L. Milakovic, Jr., is an adult individual currently residing
at 1610 Middle Ridge Road, Newport, Perry County, Pennsylvania 17074.
2. Respondent, Melissa S. Forney, is an adult individual last known to reside at
224 Reno Avenue, Apt. A, New Cumberland, Cumberland County,
Pennsylvania 17070.
3. The parties are the parents of one minor child, namely Emeraldmay R.
Milakovic, born December 8, 2004.
4. Petitioner respectfully represents that on May 18, 20 10, an Order for custody
was entered, whereby the parties would exercise shared physical custody of the
$'10.00 P D pT?
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child, a copy of which is attached hereto and incorporated herein as Exhibit
5. A condition of the shared physical custody schedule was that if Mother
exposed the child to her boyfriend, Zachary Way, primary physical custody
would automatically revert to Father.
6. On or about May 18, 2010 and May 19, 2010, while Emeraldmay was in
Mother's physical custody, Mother invited Zachary Way to her home and into
her home.
7. Father therefore asserted primary physical custody of the child and has
maintained primary physical custody since this time.
8. It is Father's belief that Mother and Zachary Way are now residing together.
9. The parties have agreed upon a visitation schedule where Mother visits with
the child outside of the company of Zachary Way, on Monday evenings,
Tuesday evenings and Saturdays as agreed upon by the parties.
10. Paragraph 6 of the May 18, 2010 Order of Court states that the child shall be
enrolled in Kindergarten at Washington Heights Elementary School.
11. Due to Father's living situation during late summer 2010, Father
communicated with Mother, his desire to relocate with the child to a friend's
house in Newport, Perry County, Pennsylvania.
12. As Mother was unable to care for the child due to the fact that she was still
residing with Zachary Way, Mother consent to Father's move to Perry County.
13. In approximately mid-October, 2010, Father moved to Perry County.
14. By agreement of the parties, the parties modified the terms of the May 18,
2010 Order which required the child to attend Washington Heights Elementary
School.
15. Mother offered to go to Father's sister's house, where he had been residing to
pick up their child's book bag and offered to bring it to Father at her next
visitation.
16. The parties worked out a visitation schedule whereby the parties would meet
at the McDonald's in Enola to permit Mother to spend time with the child.
17. Father enrolled the child in Kindergarten in Newport, Perry County,
Pennsylvania.
18. Father arranged for and obtained child care for the after school care of their
child in Perry County, Pennsylvania.
19. On or about November 1, 2010, however, Mother, without the knowledge or
consent of Father, picked the child up from school in Perry County and
removed her from Father's care.
20. Father is unsure as to where the child is living.
21. Due to the criminal history of Mr. Zachary Way, Father has serious concerns
about the welfare of his child in Mother's care.
22. Due to the living environment at Father's sister's home (where he believes
Mother may have left their child), Father has serious concerns about the
welfare of his child in Mother's care:
A. Father's sister has denied certain food to his daughter that his
sister's children enjoy as she purchased the food for her children
and not for his daughter;
B. Father's sister has denied his daughter toys on shopping trips
where Father's sister's children receive toys as it is her money
and not Father's that is being used to purchase the toys.
C. Father's sister yells frequently at the parties' child.
WHEREFORE, Petitioner requests this Honorable Court enter an Order providing for
the following:
1. Respondent is held in contempt of court; and
2. Petitioner shall enjoy primary physical custody of the child;
3. The custody Order shall be modified to permit the child to attend school
in Father's district.
4. Respondent shall pay Petitioner's legal fees in bringing this action, and
such other relief as the court deems appropriate.
Date:
Respectfully submitted,
Tabetha A. Tanner, Esquire
Attorney for Defendant
Supreme Court I.D. No.: 91979
VERIFICATION
1. Alexander Cake, hereby verify that the statements made in this Emergency Petition
for Contempt/Modification of Custody Order are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to
unsworn falsification to authorities.
Date: ; 'i - l(-'
?Z,
Mila1{ovic, Jr., Pe rtior
MELISSA S. FORNEY
Plaintiff
vs.
LEYTON L. MILAKOVIC, JR.
Defendant
W,1 7 2010
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2010-2757 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this _J841' - day of 2010, upon
consideration of the attached Custody Conciliation Report, it is rdered and directed as follows:
1. The Father, Leyton L. Milakovic, Jr., and the Mother, Melissa S. Forney, shall have shared
legal custody of Emeraldmay R. Milakovic, born December 8, 2004. Major decisions concerning the
Child including, but not necessarily limited to, her health, welfare, education, religious training and
upbringing shall be made jointly by the parties after discussion and consultation with a view toward
obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the
other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the
affections of the Child from the other party. Each party shall notify the other of any activity or
circumstance concerning the Child that could reasonably be expected to be of concern to the other.
Day to day decisions shall be the responsibility of the parent then having physical custody. With
regard to any emergency decisions which must be made, the parent having physical custody of the
Child at the time of the emergency shall be permitted to make any immediate decisions necessitated
thereby. However, that parent shall inform the other of the emergency and consult with him or her as
soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and
full information from any doctor, dentist, teacher, professional or authority and to have copies of any
reports or information given to either party as a parent as authorized by statute.
2. The parties shall share having physical custody of the Child on alternating weeks with the
exchange to take place every Saturday at 1:00 p.m. The schedule shall begin with the Mother having
custody of the Child on Saturday, May 15, 2010.
3. A condition of the Mother's periods of custody with the Child shall be that the Mother shall
ensure that the Child is not in the presence of and has no contact with Zachary Way including in
person contact, contact by telephone, email, or written correspondence. In the event the Father
reasonably and justifiably deterraines, after consultation with his legal counsel, that the Mother is not
in compliance with this provision, the Father shall automatically assume primary physical custody of
the Child, with the Mother having custody as arranged by agreement between the parties. The Mother
may request the scheduling of a custody conciliation conference to further address the issue of her
compliance with the no contact provision.
Exhibit "A"
4. At such time as the Mother obtains a written confirmation from a qualified
psychologist/psychiatrist confirming, after an evaluation, that Zachary Way does not present a threat to
the well-being or safety of the Child, the Mother may file a Petition with the Court requesting that the
no contact provision be terminated.
5. The parties shall share having custody of the Child on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run
from Christmas Eve at 11:00 a.m. through Christmas Day at 11:00 a.m., and Segment B, which shall
run from Christmas Day at 11:00 a.m. through December 26 at 11:00 a.m. In even numbered years,
the Mother shall have custody of the Child during Segment A and the Father shall have custody during
Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and
the Mother shall have custody during Segment B.
B. Thanksgiving: The Thanksgiving holiday shall run from the Wednesday before
Thanksgiving at 7:00 p.m. through Thanksgiving Day at 7:00 p.m. The Father shall have custody of
the Child on Thanksgiving in even numbered years and the Mother shall have custody in odd
numbered years.
C. Memorial Day/Labor Day: The period of custody over the Memorial Day and Labor
Day holidays shall run from Sunday at 7:00 p.m. through the Monday holiday at 7:00 p.m. In every
year, the Mother shall have custody of the Child for the Memorial Day holiday and the Father shall
have custody for the Labor Day Holiday.
D. Independence Day: The Independence Day holiday shall run from July 3 at 5:00
p.m. through July 5 at 5:00 p.m. The Mother shall have custody of the Child for the Independence Day
holiday in even numbered years and the Father shall have custody in odd numbered years.
E. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
6. The parties agree that the Child shall be enrolled in Kindergarten at the Washington Heights
Elementary School.
7. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with
the Child.
8. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion. of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
9. 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,
I / Z( N ) Ia., r-) A,, -
/9 J. 0 +/41
cc; Mark T. Silliker, Esquire - Counsel for Mother
Tabetha A. Tanner, Esquire - Counsel for Father
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M Testimony whereof; l hat's uht"OFny tWW
and s said G4
miss: prothonotary
Tanner Law Offices, LLC
1300 Market Street, Suite 10
Lemoyne, PA 17043
Phone: (717) 731-8114
Fax (717) 731-8115
MELISSA S. FORNEY, §
Plaintiff/Respondent §
V. §
LEYTON L. MILAKOVIC, JR., §
Defendant/Petitioner §
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-2757
CIVIL ACTION - CUSTODY
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I served a true and correct copy of Petitioner's
Emergency Petition for Con tempt/Modification of a Custody Order, by depositing same in
the United States Mail, first class, postage pre-paid addressed as follows:
Ms. Melissa Forney
224 Reno Avenue, Apt. A
New Cumberland, PA 17070
Respectfully submitted,
Date: Tabetha A. Tanner, Esquire
Supreme Court I.D. No.: 91979
MELISSA S. FORNEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2010-2757 CIVIL ACTION LAW
LEYTON L. MILAKOVIC, JR.
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, _ ?Thursday,l?ovember 04, 2010 _, 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, Mechanicsburg, PA 17055 on Thursday, December 09, 2010 _ at 11:00 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/ Dawn S. Sunda 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. A11;arrangn_n`ts
must be made at least 72 hours prior to any hearing or business before the court. You must attend tli e hc`?di?Lec
conference or hearing. _ ` - -
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YO1-' •1 NT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF>- Sl,;
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
MELISSA S. FORNEY IN THE COURT OF COMMON PLEAS OF n
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PLAINTIFF CUMBERLAND COUNTY, PENNSYLV
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V
. 2010-2757 CIVIL ACTION LAW c, ab
LEYTON L. MILAKOVIC, JR.
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Friday, November 12, 2010 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, December 20, 2010 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/ HuberrX. Gilroy, Es . jjM
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
1l - 0-dpib V)L- Carlisle, Pennsylvania 17013
d)? raw,"" Telephone (717) 249-3166
DEC 13 2010
MELISSA S. FORNEY
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
LEYTON L. MILAKOVIC, JR.
Defendant
2010-2757
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
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AND NOW, this day of < < 2010, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
The prior Order of this Court dated May 18, 2010 shall continue in effect as modified by
this Order.
2. Paragraph 2 of the May 18, 2010 Order shall be replaced with the following: The Mother
shall have custody of the Child every school day from after school at 11:30 a.m. through 5:00 p.m.,
when the Mother shall take the Child to the Father's place of employment. In addition, the Mother
shall have custody on alternating weekends, as soon as the Mother is able to adjust her work schedule
accordingly, from Saturday morning at 11:00 a.m. through Sunday at 6:00 p.m., with the parent
receiving custody to provide the transportation for the exchange. The Father shall have custody of the
Child at all times not otherwise specified for the Mother in this provision.
3. The Mother may exercise her periods of custodial time at the residence of the Father's sister
so long as the Mother is present.
4. Paragraph 4 of the May 18, 2010 Order is replaced with the following: The Mother shall
contact Kasey Shienvold, or other professional selected by agreement, to request that her boyfriend,
Zachary Way, undergo psychological testing, such as that performed in custody evaluation situations,
and shall obtain a letter or other written opinion as to whether the results of the psychological testing
demonstrate any indication that, solely from the testing and the prior criminal record, Mr. Way would
pose a threat to the Child's well-being. The Mother shall share the written letter/report with the Father
and his counsel upon receipt.
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.
cc: ?Telissa S.
abetha A.
BY THE COURT,
Forney - Mother
Tanner, Esquire - Counsel for Father
MELISSA S. FORNEY
VS.
LEYTON L. MILAKOVIC, JR.
Defendant
Prior Judge: J. Wesley Oler, Jr.
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
2010-2757 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY 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
Emeraldmay R. Milakovic December 8, 2004
Father
2. A custody conciliation conference was held on December 9, 2010, with the following
individuals in attendance: the Father, Leyton L. Milakovic, Jr., with his counsel, Tabitha A. Tanner,
Esquire, and the Mother, Melissa S. Forney, who is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached.
/9 i v /OOA7-7?j' S4???
Date Dawn S. Sunday, Esquire
Custody Conciliator