Loading...
HomeMy WebLinkAbout04-3519 VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS v. ; IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA : NO. D~ - :J S-tq DANA M. MILAKOVIC and NATHAN E. CUZA, DEFENDANTS : CNIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Vanessa J. March and Ray E. March, residing at 707 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, Dana M. Milakovic, resides at 151 Columbia Road, Enola, Cumberland Countx, Pennsylvania 17025. 3. The Defendant, Nathan E. Cuza's, legal residence is 707 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. He is currently on active duty with the United States Army stationed at Fort Drum, New York. 4. Plaintiff seeks partial custody of the following child: NAME PRESENT RESIDENCE D.O.B. Jasmine S. Cuza 151 Columbia Road Enola, P A 17025 07/10/2003 The child was born out of wedlock. The child is presently in the custody of Defendant, Dana M. Milakovic, who resides at 151 Columbia Road, Enola, Cumberland County, Pennsylvania, 17025. During the past five years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Dana Milakovic (Mother) 22 Charlton Avenue 01/20/04 - Approx.07/2004 Harrisburg, P A Dana Milakovic (Mother) 151 Columbia Road Approx. 07/2004 - Present Enola, PA Vanessa March and Ray March (Paternal Grandparents) Hunter G. Cuza (Brother) Zachary K. Santos (Son) Hannah V. March (Daughter) Nathan E. Cuza (Father) and Dana Milakovic (Mother) 707 Sherwood Road Birth - 01/20/04 New Cumberland, PA The mother of the child is Dana Milakovic, currently residing at 151 Columbia Road, Enola, Cumberland County, Pennsylvania. She is single. The father ofthe child is Nathan E. Cuza, resides at 707 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania. He is single. 5. The relationship of Plaintiffs to the child is that of paternal grandparents. The Plaintiffs currently resides with the following persons: NAME RELATIONSHIP Hunter G. Cuza Nathan E. Cuza Zachary K. Santos Hannah V. March Grandson Son (Resides with the Plaintiffs when not on active duty in the military) Son Daughter 6. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following person: NAME RELATIONSHIP Jasmine S. Cuza Believed to have a roommate 7. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have Daughter custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the paternal grandparents, Vanessa J. March and Ray E. March, partial custody rights. Since the child was removed from Mr. and Mrs. March's residence by the Defendant, Dana Milakovic, in January of 2004, the Defendant, Dana Milakovic, has refused to provide regular and consistent access to Mr. and Mrs. March nor has she provided the ability for the child to be with her brother, Hunter Cuza, age 23 months, date of birth August 8, 2002. The Plaintiffs have only seen the child one time for one-half (II2) hour since January 20, 2004. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiffs, Vanessa J. March and Ray E March, request the court to grant physical custody of the minor child, Jasmine S. euza, to them. JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: 1- do!) -{) '+ By: Jo A yfc . tiffs Post Office Box 650 Hershey, P A 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verifY that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904 relating to unsworn falsification to authorities. Date: 1-)11) -(pi L^,,~ ~ 1~ --,. -_.....__....._..__~"_>._._ _ .... _~ _'."_.__~'_e_'"..~~.~".. GJ (.J -"n .---1 ~. p - ~, 0 r" ~ v, V'1 G -. v, 0 --<::> VJ <.Y ~ <S ~ (::> 0() ::> .~ ^' - ---;;- VANESSA J. MARCH AND RAY E. MARCH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3519 CIVIL ACTION LAW DANA M. MILAKOVIC AND NA UlAN E. CUZA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 28, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Tuesday, August 31, 2004 , the conciliator, at 8:30 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. 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 hcarin2. FOR THE COURT. By: Isl 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 A TIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Strect Carlis]e, Pennsylvania 17013 Telephone (717) 249-3166 ~p ~ ~ ~ A~:Be.t... ~ ~ ~ ~ /1C2ge-L ~ -? ?- ~ 4r#v -pJ )1(J-3e.{.. YfflA1ASNN3d JJ.Nnoo (jr,V!838;Vno 18 :8 Wd ez lor ~aoz AtNlONOHlOHd 3H1 :JO 3Ol:!:IO-cJ311:i o VANESSA J. MARCH and RAY E. MARCH, Plaintiffs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-3519 CIVIL TERM DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary; Please enter my appearance on behalf of the Defendant, Dana M. Milakovic, in the above captioned case. Respectfully submitted, A~ Jessi a Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Date: q) ll. u--j VANESSA J. MARCH and RAY E. MARCH, Plaintiffs, vs. DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3519 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Defendant, Dana Milakovic, hereby certify that I have served a copy ofthe foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the fo\1owing date and in the manner indicated below: Date: q. )'l/o-t- U.S. First Class Mail. postal!e Pre-Paid John Conne\1y, Jr., Esquire P.O. Box 650 Hershey, PA 17033 MidPenn Legal Services, Inc. Jessic iamondstone, Esquire Mid enn Legal Services 8 Irvine Row Carlisle, PA 17013 (") ,..." <'=> ~ c <'=> 7' z- dlW V> ..... ~ ::r:" z..,..-; ..., m- z( F;:; 5Q~:: r--) :'69 s:- o ~Ci --<9 ~c; -0 :T:;:I t:~~ i..-\ :J: QB PC': c.g csrn Z -., ~ w :":""" ~~JJ U1 -< (, 'J ~l ~ L _t Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3519 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY VANESSA J. MARCH and RAY E. MARCH, v. DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants ORDER OF COURT AND NOW, this I~ f-L day of October, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custodv. The parties, Dana M. Milakovic and Nathan E. Cuza, shall have shared legal custody of the minor child, Jasmine S. CUlza, born July 10, 2003. 2. Phvsical CustodY. The Paternal Grandparents, Vanessa J. March and Ray E. March, shall have partial custody to occur one (1) weekend per month from Friday at 3:15 p.m. until Monday at 9:00 a.m. This shall occur on the first weekend of the month. However, in the event that Mother is not working that weel(end or Father is in town to care for the child, the custodial period shall occur the next weekend that Mother works. The first custodial weekend shall begin on October 1, 2004. 3. A hearing is scheduled in Courtroom Number L of the Cumberland County Courthouse, on the !./) d. day of .iO<z,^",,,,,,JU/IJ, 2004, at '1; ?rJ o'clock -A::...M., at which time testimony will be taken. For the purposes of the hearing, the Paternal Grandparents, Vanessa J. March and Ray E. March, Shllll be deemed to be the moving parties and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: J. Dis!: c.d'gnn J. Connelly, Jr., Esquire, PO Box 650, Hershey, PA 17033 ~ssica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013 .J /",athan E. Cuza, 707 Sherwood Road, New Cumberland. PA 17070 0" In C") ">l ".,- L.) C~) _or <:;:~~) = C'J ocr 1 ? 2004 f VANESSA J. MARCH and RAY E. MARCH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3519 CIVIL TERM v. CIVIL ACTION - LAW IN CUSTODY DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants 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 CURRE:NTL Y IN THE CUSTODY OF Jasmine S. Cuza July 10, 2003 Mother 2. A Custody Conciliation Conference was held on September 30, 2004 following a July 21, 2004 filing of a Complaint for Custody by the PatHrnal Grandparents. Present for the Conference were: the Paternal Grandparents, Vanessa J. March and Ray E. March, and their counsel, John J. Connelly, Jr., Esquire; the Mother, Dana M. Milakovic, and her counsel, Jessica Diamondstone, Esquire; the Father, Nathan E. Cuza, pro se. 3. The parties were able to reach an agreemenll for one (1) custodial weekend per month with the Paternal Grandparents. However, the Paternal Grandparents were seeking additional time to which the parents would not aglree. Accordingly, a hearing is necessary. 4. The Paternal Grandoarents' oosition on custodv is as follows: The Paternal Grandparents report that the child and her parents lived in their home from birth until January 2004. During that period of time, the child also resided with a sibling, Hunter, age two. Hunter continues to reside with the Paternal Grandparents. The Paternal Grandparents seek an Order providing them with regular cc)ntact on alternating weekends and the first right of refusal to provide babysitting durin~1 the time that Mother works. Essentially, the Paternal Grandparents seek to replace Mother's arrangement with the private babysitter. The Paternal Grandfather is an assistant principal at an elementary school in the Steelton-Highspire School District. The Piatemal Grandmother works in NO. 04-3519 CIVIL TERM transcription at the Polyclinic Medical Center and is presently training to do transcription work out of her home. The Paternal Grandparents see the relationship between Father and Mother as ever changing. Because they see the relationshiip between the parents as having been somewhat inconsistent and unpredictable contact with the minor child is inconsistent as well. The Plaintiffs report they have only seen the chilld one (1) time for one-half hour from January 20, 2004 until the filing of the Custody Complaint. 5. Mother's position on custodv is as follows: Mother reports that the child lives with her and that during the times when she is working she has an arrangement with a private sitter to care for the child. This person will care for the child in her home, so that the child's sleep does not need to be disturbed when Mother gets off work late at night. While Mother is agreeable to the child having contact with the Paternal Grandparents one (1) time per month, she does not want to be required to use them ciS the babysitter during her work hours and does not want the Paternal Grandparents contact to interfere with her time on the weekends that she does not work or the weekends when Father is in town. Mother indicated that she may be relocating to New York within the next several weeks. 6. Father's position on custody is as follows: Father also is unwilling to agree to more than one (1) weekend per month of custodial time for the child to be with his parents. He reports that he comes home almost every weekend and that Mother often comes to New York when she does not have to work on the weekend. Father's reason for limiting the partial custody to one (1) weekend per month was partially n~lated to his experience with the provisions of a prior Order which limited Mother's partial custody of the parties' two year old son to one (1) weekend per month. The Order was issued pursuant to a Protection from Abuse Order which was apparently dropped after a few months. Father indicated that he and Mother expect to be married within the next month, and that following the wedding, he expects that Mother and the child will move to New York whe,re he is presently serving in the military at Fort Drum. Father expects to be in the military for a period of three (3) years and does not have any indication as to when he might be deplo:Ved. However, he does expect that he will eventually be deployed overseas. IO/f/Dr Date ~~ LV- Melissa Peel Greevy, Esquire Custodly Conciliator :236616 VANESSA J. MARCH and RAY E. MARCH, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-3519 CIVIL TERM DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants IN CUSTODY PETITION FOR LEAVE TO WITHDRAW Petitioner, MidPenn Legal Services, hereby petitions to withdraw from further representation of Dana M. Milakovic, pursuant to Rule 1.16(b)(4) of the Pennsylvania Rules of Professional Conduct and Pa.R.C.P. 1012, and in support therefore avers the following: 1. On September 24, 2004, MidPenn Legal Services agreed to represent the Defendant, Dana M. Milakovic, for purposes of a custody hearing and entered an appearance for Jessica Diamondstone, Esquire. 2. Counsel attended a custody conciliation on September 30, 2004 on behalf of Defendant Milakovic. At that time, the parties were unable to reach an agreement regarding custody of the minor child, Jasmine S. Cuza, and the matter was scheduled for a custody hearing. 3. On October 18,2004, Counsel sent a letter to Defendant Milakovic with a draft of the recommended order from the conciliator, Melissa Greevy, Esquire. 4. Defendant did not respond to Counsel's October 18,2004, letter. 5. On October 25, 2004, Counsel sent a letter to Defendant Milakovic with a copy of the signed Custody Order which scheduled the matter for a custody hearing on December 15, 2004, and advised Defendant Milakovic that she must contact MidPenn Legal Services to discuss her case and prepare for the hearing. 6. Defendant Milakovic did not respond to the October 25, 2004, correspondence. 7. On November 15,2004, Counsel sent Defendant Milakovic a second letter regarding the December 15,2004, custody hearing and requested that she contact MidPenn Legal Services by November 19, 2004, to discuss her case and prepare for the custody hearing. 8. On November 18,2004, Defendant Milakovic left a telephone message for Counsel. Although Defendant Milakovic left one voice-mail message for Counsel on November 18, 2004, she did not talk to her counselor return subsequent telephone calls by counsel. 9. Defendant Milakovic did not return Counsel's November 18,2004, telephone message. 10. On November 24, 2004, Counsel sent Defendant Milakovic a third letter explaining the importance of having contact prior to the custody hearing so that Counsel could prepare the pre-hearing memorandum that must be filed with the Court by December 5,2004. The letter requested that Defendant Milakovic contact Counsel no later than November 30,2004 or Counsel would pursue a Petition for Leave to Withdraw. 11. Counsel received a telephone message on December 1, 2004 from Defendant Milakovic, immediately prior to filing this petition. When Counsel attempted to return Defendant Milakovic's telephone message the afternoon of December 1,2004, the number was out of service. 12. Plaintiffs ongoing refusal to return telephone calls, respond to written contact and repeated failure to appear for scheduled appointments has made it impossible to effectively provide her with appropriate representation. 13. Counsel has attempted to contact opposing counsel, Attorney John Connelly, Jr., who is unavailable until later in the week. As such, Counsel is unable to ascertain whether opposing counsel would concur with the relief requested. WHEREFORE, MidPenn Legal Services requests the Court to grant its Petition For Leave to Withdraw and sign the attached order or issue the attached Rule To Show Cause. - Jes ca Diamondstone, Esquire 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: 11- \ - 0""\ ~.. Diamondstone, Esquire VANESSA J. MARCH and RAY E. MARCH, Plaintiffs, vs. DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3519 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services hereby certify that I have served a copy of the foregoing Petition for Leave to Withdraw on the following date and in the manner indicated below: Date: J 2 " oL( U.S. First Class Mail. Posta!!e Pre-Paid John Connelly, Jr., Esquire P.O. Box 650 Hershey, Pennsylvania 17033 Dana Milakovic 141 East Columbia Road Enola, Pennsylvania 17025 Nathan E. Cuza 707 Sherwood Road New Cumberland, Pennsylvania 17070 Jessica iamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 C) ,"",) (~-: c".~:, 0 c.::> J-- -n II (:J .-1 Pi :T. -n i c-) rl1i-::':' 'I I -iJ ,n l. ;_99 , _::r::l -0 ~52~ ::.1:'; ,- ;,:.~, I'll -i~ ':IJ (...) -< VANESSA J. MARCH and RAY E. MARCH, PlaintiffslPetitioners : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3519 CNIL TERM DANA M. MILAKOVIC and NATHAN E. CUZA, DefendantPetitioner : CNIL ACTION - LAW : IN CUSTODY PETITION TO CONSOLIDATE AND NOW, comes the Petitioners, Vanessa J. March and Ray E. March, by and through their attorneys, James, Smith, Dietterick & Connelly LLP, by John J. Connelly, Jr., Esquire, and avers as follows: 1. The Petitioners are Vanessa J. March and Ray E. March, Plaintiffs in the above- captioned action. 2. The Respondents are Dana M. Milakovic and Nathan E. Cuza, Defendants in the above-captioned action. 3 On July 21, 2004, the Petitioners filed a Complaint for Custody indexed to the above term and number relating to the minor child, Jasmine S. Cuza, born July 7,2003. 4. Subsequent to the filing of the above-captioned matter regarding Jasmine, the minor child, Hunter G. Cuza, was in the physical custody of the Petitioners and was removed from the physical custody of the Petitioners by the Respondents, necessitating the filing of a second custody action regarding the minor child, Hunter. Hunter is Jasmine's full brother. 5. A custody conciliation conference in the initial action, No. 04-3519 Civil Term, regarding custody of Jasmine was held on September 30, 2004 and an Interim Order was entered and the matter was schedule for hearing on December 15,2004 at 9:30 a.m. before The Honorable 1. Wesley 01er, Jr. 6. Because the action regarding Hunter, which has not yet been docketed, contains the same facts which will be presented to Judge 01er on December 15,2004, the Petitioners request that both actions be consolidated under Docket No. 04-3519 Civil Term and, further, request that the matter be held before The Honorable 1. Wesley 01er, Jr. on December 15, 2004 rather than referring it to the custody conciliator. WHEREFORE, your Petitioners respectfully request that both custody matters be consolidated under Docket No. 04-3519 Civil Term and, further, that both matters be heard on the same date, December 15,2004 at 9:30 a.m. before The Honorable J. Wesley 01er, Jr. Respectfully submitted, Date: J~-l2-Dtf VERIFICATION John J. Connelly, Jr., Esquire, represents that he is the attorney for the Petitioners, Vanessa J. March and Ray E. March, and is familiar with the facts concerning the Petition for Consolidation, and verifies that the statements made in the foregoing Petition for Consolidation are true and correct. He understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /d-,-(y- Dtf c VANESSA J. MARCH and RAY E. MARCH, PlaintiffslPetiti oners : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3519 CIVIL TERM DANA M. MILAKOVIC and NATHAN E. CUZA, DefendantIPetitioner : CIVIL ACTION - LA W : IN CUSTODY CERTIFICATE OF SERVICE I, John 1. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly LLP, attorney for the Petitioners, Vanessa 1. March and Ray E. March, hereby certify that I have served a copy of the Petition to Consolidate on the following on the date and in the manner indicated below: U.S. FIRST CLASS MAIL Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle,PA 17013 Dana Milakovic 141 East Columbia Road Enola, P A 17025 Nathan E. Cuza 11 Oth Aviation. Delta Compo Compo D Fort Drum, NY 13601 JAMES, SMITH, DIETIERICK & CONNELLY LLP DATE: J;A-&; -DLf ~ () r-....,., ,-." C) ~~; r: "~.l 11 ...l..- ,or} 'h 0 --( I ]' r"'l ~i~fP C"") :"r: ;'1 I c--) ',' Q r " , ) P L. I V " I , ( -:"." (.) '-.' -[ 1'.) Co VANESSA J. MARCH and RAY E. MARCH, Plaintiffs, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-3519 CIVIL TERM DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants : IN CUSTODY PETITION TO MAKE RULE ABSOLUTE Petitioner, MidPenn Legal Services, hereby petitions to make the rule absolute and in support therefore avers the following: 1. On December 1, 2004, MidPenn Legal Services filed a Petition for Leave to Withdraw from representation of Defendant Milakovic in the above-captioned matter. 2. On December 7, 2004, this Court issued a Rule Returnable on or before December 13, 2004. 3. To date, no response has been filed by either Plaintiffs or Defendant Cuza. WHEREFORE, Petitioner asks that this Court make the Rule absolute and grant the relief requested in the Petition for Leave to Withdraw. Respectfully Submitted, f/(.// r .," /' .' ,.' /.r:>~ .". .' ",. ..' ," f -...--./ ";./ J ~ca Diamondstone;--&quire 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 VANESSA J. MARCH and RAY E. MARCH, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-3519 CIVIL TERM DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services hereby certify that I have served a copy of the foregoing Petition for Leave to Withdraw on the following date and in the manner indicated below: U.S. First Class Mail. Posta!!e Pre-Paid John Connelly, Jr., Esquire P.O. Box 650 Hershey, Pennsylvania 17033 Dana Milakovic 141 East Columbia Road Enola, Pennsylvania 17025 Nathan E. Cuza 707 Sherwood Road New Cumberland, Pennsylvania 17070 Nathan E. Cuza 11 Oth Aviation Delta Compo Compo D Fort Drum, NY 13601 Date: I), 'ILl, oy MidP:zennIt-Le~,al servic.es, Inc. ,.," ,/ ~/'- ...... ,/'/. ... Jessi a Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 -:>-# rl.~ ~, t,.,. (. tJ.J :- l -, [I. '.1_ (~? ~I ,..... t__, u.J J~-\LJ i--: u- o ('J ..,- >'- 1 ~ ; OJ- ) " I, . ~ ~ - '.'- "\':..-: _'1' '> ,.:- r ':I ;:-.l c.J _'7" C::;":'1 C:;:> ~ ~~-; o VANESSA J. MARCH, And RA Y E. MARCH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA Vi DANA M. MILAKOVIC And NATHAN E. CUZA, Defendants NO. 04-3519 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of December, 2004, upon consideration of MidPenn Legal Services' Petition for Leave To Withdraw, a Rule is hereby issued upon Dana M. Milakovic, Nathan E. Cuza, Vanessa J. March, and Ray E. March to show cause why the relief requested should not be granted. RULE RETURNABLE on or before December 13,2004. ~hn Connelly, Jr., Esq. P.O. Box 650 Hershey, P A 17033 Attorney for Plaintiffs Aessica Diamondstone, Esq. > MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 ~ana Milakovic 141 East Columbia Road Enola, P A 17025 BY THE COURT, so :f~ }\.~_,~ ,f' " r-, t. ,11\'.-/ It 1 ~ C f F'l-j:~ L.i'nz L ..- .....:jiJ 'i1,;J p'\l,1 :::;:i1 :l() . ......-. .-- .,j -:-, :~~': ~~~~ \)'-Cij~ I: =-, Nathan E. Cuza 707 Sherwood Road New Cumberland, PA 17070 :rc o DEe 0 2 2004 q VANESSA J. MARCH and RAYE.MARCH, Plaintiffs, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 04-3519 CIVIL TERM DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants : IN CUSTODY RULE TO SHOW CAUSE AND NOW, this day of December, 2004, upon consideration ofthe Petition for Leave to Withdraw filed by MidPenn Legal Services: I. A rule is issued upon Defendant, Dana M. Milakovi<:, Defendant Nathan E. Cuza, and Plaintiffs, Vanessa J. March and Ray E. March, to show cause why MidPenn Legal Services should not be granted leave to withdraw as counsel of record. 2. Any party desiring to file an answer to the Petition fI)r Leave to Withdraw must do so within seven (7) days of service of this Rule to Show Cause. 3. Argument shall be held on in Courtroom of the Cumberland County Courthouse at _:_ _.m. 4. Notice of the entry of this Order shall be provided to all parties by MidPenn Legal Services. By the Court: J. Wesley Oler, Jr., Judge Distribution: Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, Pennsylvania 17013 John Connelly, Jr., Esquire P.O. Box 650 Hershey, Pennsylvania 17033 Dana Milakovic 141 East Columbia Road Enola, Pennsylvania 17025 Nathan E. Cuza 707 Sherwood Road New Cumberland, Pennsylvania 17070 VANESSA J. MARCH and RAY E. MARCH, Plaintiffs, vs. DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3519 CIVIL TERM IN CUSTODY ORDER day of December 2004, upon consideration of MidPenn Legal Services' Petition for Leave to Withdraw, such relief is hereby GRANTED. Distribution: Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 John Connelly, Jr., Esquire P.O. Box 650 Hershey, Pennsylvania 17033 Dana Milakovic 141 East Columbia Road Enola, Pennsylvania 17025 Nathan E. Cuza 707 Sherwood Road New Cumberland, Pennsylvania 17070 By the Court: J. Vvesley Oler, Jr., Judge VANESSA J. MARCH and RAY E. MARCH, Plaintiffs, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUJ~TY, PENNSYLVANIA vs. NO. 04-3519 CIVIL TE:RM DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants IN CUSTODY PETITION FOR LEAVE TO WITHDRAW Petitioner, MidPenn Legal Services, hereby petitions to withdraw from further representation of Dana M. Milakovic, pursuant to Rule 1. 16(b)(4) of the Pennsylvania Rules of Professional Conduct and Pa.R.C.P. 1012, and in support therefore avers the following: 1. On September 24, 2004, MidPenn Legal Services agreed to represent the Defendant, Dana M. Milakovic, for purposes of a custody hearing and entered an appearance for Jessica Diamondstone, Esquire. 2. Counsel attended a custody conciliation on September 30, 2004 on behalf of Defendant Milakovic. At that time, the parties were unable to reach an agreement regarding custody of the minor child, Jasmine S. Cuza, and the matter was scheduled for a custody hearing. 3. On October 18,2004, Counsel sent a letter to Defendant Milakovic with a draft of the recommended order from the conciliator, Melissa Greevy, Esquire. 4. Defendant did not respond to Counsel's October 18,2004, letter. 5. On October 25,2004, Counsel sent a letter to Defendant Milakovic with a copy of the signed Custody Order which scheduled the matter for a custody hearing on December 15, 2004, and advised Defendant Milakovic that she must contact MidPenn Legal Services to discuss her case and prepare for the hearing. 6. Defendant Milakovic did not respond to the October 25, 2004, correspondence. 7. On November 15,2004, Counsel sent Defendant Milakovic a second letter regarding the December 15, 2004, custody hearing and requested that she contact MidPenn Legal Services by November 19,2004, to discuss her case and prepare for the custody hearing. 8. On November 18,2004, Defendant Milakovic left a telephone message for Counsel. Although Defendant Milakovic left one voice-mail message for Counsel on November 18, 2004, she did not talk to her counselor return subsequent telephone calls by counsel. 9. Defendant Milakovic did not return Counsel's November 18,2004, telephone message. 10. On November 24,2004, Counsel sent Defendant Milakovic a third letter explaining the importance of having contact prior to the custody hearing so that Counsel could prepare the pre-hearing memorandum that must be filed with the: Court by December 5, 2004. The letter requested that Defendant Milakovic contact Counsel no later than November 30, 2004 or Counsel would pursue a Petition for Leave to Withdraw. 11. Counsel received a telephone message on December 1, 2004 from Defendant Milakovic, immediately prior to filing this petition. When Counsel attempted to return Defendant Milakovic's telephone message the afternoon of December 1,2004, the number was out of service. 12. Plaintiffs ongoing refusal to return telephone calls, respond to written contact and repeated failure to appear for scheduled appointments has made it impossible to effectively provide her with appropriate representation. 13. Counsel has attempted to contact opposing counsel, Attorney John Connelly, Jr., who is unavailable until later in the week. As such, Counsel is lmable to ascertain whether opposing counsel would concur with the relief requested. WHEREFORE, MidPenn Legal Services requests the Court to grant its Petition For Leave to Withdraw and sign the attached order or issue the attached Rule To Show Cause. Respectfu ~ Submitted, 1/------ _.- Jes ca Diamondstone, Esquire 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. k . Date: 11- \. 0"1 J/ L--- VANESSA J. MARCH and RAY E. MARCH, Plaintiffs, vs. DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUJ'iTY, PENNSYLVANIA : NO. 04-3519 CIVIL TE:RM : IN CUSTODY CERTIFICATE OF SERVICI~ I, Jessica Diamondstone, Esquire, of MidPenn Legal Services hereby certify that I have served a copy of the foregoing Petition for Leave to Withdraw on the following date and in the manner indicated below: Date: J 2 I' Ot.( U.S. First Class Mail. Postae:e Pr,e-Paid John Connelly, Jr., Esquire P.O. Box 650 Hershey, Pennsylvania 17033 Dana Milakovic 141 East Columbia Road Enola, Pennsylvania 17025 Nathan E. Cuza 707 Sherwood Road New Cumberland, Pennsylvania 17070 MidPenn Lezervices, InC. .Jl Jessica iamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 0 ,...,) C 1.:.,:.:':> 0 C:;:) ..I=- -11 , I CJ .--1 rn :1:. ! (.-j rl1iI! '. " \ I -f1 ;-I' ~:JO :::~() :~? _\M< '-, ~, ',1 ):~,' ~-) ,- I n :i:~~ :n (..) -< ~. VANESSA J. MARCH and RAY E. MARCH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-3519 CIVIL DANA M. MILAKOVIC and NATHAN E. CUZA, Defendants IN CUSTODY VANESSA J. MARCH and RAY E. MARCH, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ./ NO. 04-5899 CIVIL ;/ DANA M. MILAKOVIC and NA THAN E. CUZA, Defendants IN CUSTODY AND NOW, this ORDER OF COURT , Lf t~ day of December, 2004, upon consideration of Plaintiffs' Complaint for Custody with respect to Jasmine S. Cuza, of Plaintiffs' Complaint for Custody with respect to Hunter G. Cuza, and of Plaintiffs' Petition To Consolidate, the Petition To Consolidate is granted and the cases are consolidated at No. 04-3519 Civil Term. Defendant Nathan E. Cuza having requested that the hearing already scheduled in the matter of Jasmine S. Cuza be postponed until after February 1, 2005, by way of a letter from his commanding officer, a copy of which is attached hereto, the request is granted and a joint hearing on both of Plaintiffs' complaints is scheduled for Thursday, February 24, 2005, at 1 :30 p.m. in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING the hearing, the terms of the order of court dated October 15,2004, shall remain in full force and effect and shall apply to both children, none of the parties hereto " I :.:..) cc , 1.. { ~ '\ t- T~ (~~~ C)c:,- i,.LILt_ ,:~-:..i "', J ........ ~ t~.: i'-- II (:) ;:~.' ("'..J r_) L,'J (.:::; ;:~ = ~"" (~\J ":'l.._ ..:1- ",'" -, '..I ;::.) shall secrete the location of either child from any of the other parties, and neither child shall be removed from Cumberland County without the consent of each of the other parties or order of court. IN THE FUTURE, requests for action by the court from parties who are represented of record by counsel must be filed by the counsel of record and from unrepresented parties must be filed by the party himself or herself. BY THE COURT, 1.10hn Connelly, Jr., Esquire P,. O. Box 650 Hershey, PA 17033 For the Plaintiffs JJ!!~frifl vfessica Diamondstone, Esquire Mid Penn Legal Services 8 Irvine Row Carlisle,PA 17013 For Defendant Milakovic ;> ~athan E. Cuza, Pro Se c/o John A. Morris, Captain Department of the Army Company D, I_10th Aviation Battalion Fort Drum, New York 13602 :rlm Attachment NOV 2 9 2004~ VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS : m THE COURT CW COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. 0'-1-3-1'1'1 L."",'/ - IeI'M DANA M. MILAKOVIC and NATHANE. CUZA, DEFENDANTS : CIVIL ACTION - LAW : m CUSTODY ORDER OF COURT AND NOW, upon consideration ofthe attached Petition, it is hereby directed that the parties and their respective counsel appear before, , Esquire, the Conciliator, on the __ day of 2004, at .M., at the 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, 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 mmrow the issues to be heard bv tt. . Court, and to enter into a Temporary Order. All children age five or older may "t~ . the Conference if requested by the Conciliator. Failure to appear "t ..1 \,"; e S grounds for the entry of a temporary or permanent Ordt ..!l- ~ Prothonotary's Office is waived.:-:!:.~"'-l ~ For the Co - "L~\~ rfi/~ ~ \ Date of Order: By Custody Cont YOU SHOULD TAKE THIS PAPER TO YOU IF YOU DO NOT HAVE ALA WYER OR CM GO TO OR TELEPHONE THE OFFICE SET F( FIND OUT WHERE YOU CAN GET LEGAL Hl Cumberland County Bar Associatio 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3-166 VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. P L.( - 3-- Zcjq DANA M. MILAKOVIC and NATHAN E. CUZA, DEFENDANTS : CNIL ACTION - LAW : IN CUSTODY ORDER OF COURT You, Dana M. Milakovic, Defendant, have been sued in Court to obtain custody, partial custody or visitation of the child: Hunter G. Cuza. You are ordered to appear in person at the Cumbc~rland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, on the o'clock .m. day of , 2004 at You are further ordered to bring with you the child: Hunte:r G. Cuza If you fail to appear as provided by this Order or to bring the child, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER 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 Phone: (717) 249-3166 BY THE COURT: J. VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. D l..f -- 3""iQQ DANA M. MILAKOVIC and NATHAN E. CUZA, DEFENDANTS : CNIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTOD'~ 1. The Plaintiff is Vanessa J. March and Ray E. March, residing at 707 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, Dana M. Milakovic, resides at 141 Columbia Road, Enola, Cumberland County, Pennsylvania 17025. 3. The Defendant, Nathan E. Cuza's, legal residence is 707 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. He is currently on active duty with the United States Army stationed at Fort Drum, New York. 4. Plaintiff seeks primary physical custody of the following child: NAME PRESENT RESIDENCE D.O.B. Hunter G. Cuza 141 Columbia Road Enola, P A 17025 08/8/2002 / The child was born out of wedlock. The child is presently in the custody of Defendant, Dana M. Milakovic, who resides at 141 Columbia Road, Enola, Cumberland County, Pennsylvania, 17025. The child was removed from his residence at 707 Sherwood Road, New Cumberland, PelIDsylvania on or about September 30, 2004. At the time the child was residing with his paternal grandparents, the Plaintiffs in this action, Vanessa J. and Ray E. March. During the past five years, the child has resided with Ithe following persons and at the following addresses: NAME RESIDENCE DATE Dana M. Milakovic (Mother) Jasmine S. Cuza (Sister) 141 Columbia Road Enola, PA 9/30/04 - Present Vanessa J. & Ray E. March (paternal Grandparents) Zachary K. Santos (Uncle) Hannah V. March (Aunt) 707 Sherwood Road New Cumberland, JP A 02/20/04 - 09/30/04 Dana M. Milakovic (Mother) Nathan E. Cuza (Father) Jasmine S. Cuza (Sister) Donna and John Milakovic (Maternal Great Aunt & Great Uncle) 22 Charlton Road Harrisburg, P A 01/20/04 - 02/20/04 Vanessa J. & Ray E. March (Paternal Grandparents) Dana M. Milakovic (Mother) Zachary K. Santos (Uncle) Hannah V. March (Aunt) Jasmine S. Cuza (Sister) 707 Sherwood Road New Cumberland, P A 07/10/03 - 01/20/04 Vanessa J. & Ray E. March (paternal Grandparents) Dana Milakovic (Mother) Zachary K. Santos (Uncle) Hannah V. March (Aunt) 707 Sherwood Road New Cumberland, P A 04/03 - 07/09/03 NAME RESIDENCE DATE Dana M. Milakovic (Mother) Nathan E. Cuza (Father) Nathan E. Cuza's Biological Father Nebraska 02/03 - 04/03 Nathan E. Cuza (Father) Vanessa J. & Ray E. March (Paternal Grandparents) 707 Sherwood Road New Cumberland, P A 01-23-03 - 02/03 Dana M. Milakovic (Mother) 111 Bridge Street New Cumberland, P A 12/23/02 - 01/23/03 Dana M. Milakovic (Mother) Nathan E. Cuza (Father) 111 Bridge Street New Cumberland, P A Birth - 12/23/02 The mother of the child is Dana Milakovic, currently residing at 141 Columbia Road, Enola, Cumberland County, Pennsylvania. She is single. The father of the child is Nathan E. Cuza, legal residence is 707 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. He is currently on active duty with the United States Army stationed at Fort Drum, New York. He is single. 5. The relationship of Plaintiffs to the child is that of paternal grandparents. The Plaintiffs currently resides with the following persons: NAME RELA TrONSHIP Jasmine S. Cuza Nathan E. Cuza Granddaughte:r Son (previously resided with the Plaintiffs when not on active duty in the military) Son Daughter Zachary K. Santos Hannah V. March 6. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following person: NAME RELATIONSHIP Hunter G. Cuza Jasmine S. Cuza Believed to have a roommate. Son Daughter 7. The minor child has resided with the Plaintiffs for seventeen (17) months of the twenty-seven (27) months of his life. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, however, the Defendant, Nathan E. Cuza, was awarded primary eustody in a protection from abuse action, Nathan E. Cuza, Plaintiff, versus Dana M. Malakovic, Defendant, indexed to No. 03-0377 Civil Term, Protection From Abuse, in the Court of Common Pleas, Cumberland County, Pennsylvania. Around the time of the entry of this Order, the Defendant, Nathan E. Cuza, and the child were primarily residing with the Plaintiff s. The Order provided for physical custody with Nathan E. Cuza subject to the partial custody rights of Dana. M. Milakovic as follows: One weekend per month from Saturday at 12:00 Noon until Sunday at 4:00 p.m. A copy of the said Order is attached hereto and marked Exhibit "A". Plaintiffs do 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. 8. The best interest and permanent welfare ofthe chlld will be served by granting the paternal grandparents, Vanessa J. March and Ray E. March, primary physical custody of the minor child. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiffs, Vanessa J. March and Ray E March, request the court to grant primary physical custody of the minor child, Hunter G. euza, to them. JAMES, SMITH, DUnTERlCK & CONNELLY LLP Date: 11- /8 -()tf NOV-10-2004 13:11 P.09 VERIFICATION I verify that the statements made in this Pleading are true and correct. I lUlderstand that false statements herein ate made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: II t I ~ /0 "I 1~1 Vanessa J. March ~ 'i. '" Q.t. cA. Ray E. March , . EXHIBIT "A" NATHA::\' ClIZA, Plaintiff IN THE COURT OF COMMO::\ PLEAS CUMllERLA._i'\D COUNTY, PE~-:'iSYL V Al\1A v. NO. 03-0377 CIVIL TERM DANA l\IILAKOVIC, Defendant PROTECTION FROM ABUSE ORflRR AND NOW, this ;( 7 .~ day of .1~LG!-l..'-<-<'~i , 2003, it is hereby ordered and directed that the father, Nathan Cuza and the mother, Dana Milakovic shall share legal custody of their son. Hunter Cuza, bom August S. 2002. The father shall have primary physical custody in that the child should lin with the father the majority of the time and the mother shall have partial custody .of at least one weekend per month from Saturday noon until Sunday 4:00 P .1'.1. The parties may mutually agree to modify this Order at any time. By the Court, o ~ C..{.eLl~~l -dward E. Guido, E:~u J. .rn~,J r": ~'::(,/ r ~ I" .. l .I.t: r r . \ ,,'. ~.:..~'~; ..~....,~~ r.:-.j; (~ ',: ; .;:'f~~.!:I::;:'"..!' 'J'" .,' .~ ' . ~ "~3.tl.~f.J . '; -:;.,~;; : .: .: \" ' ,':' ";,;-: "f~..:. .,: .' ~..,:. ..;.~:,.~ ',.( .l.l{:{ in}" hdilG .... ') '1 L:"- I '';'' .: " t,~; ":'.,0.:;: J.l;i' ., ..,.-.: ,')'-:-: ,,_;"'''' <.J..L-e..' ", .2:'t13 -_......--5.-,. ~ Q ')1-~ - . ....,.... ...-.... ..._,_.!._.~ .t.O~ hu~horl[;t!r~ ' -""'-_. .....- ----,~~_.- NATHAN CUZA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. CIVIL TERM DANA MILAKOVIC, Defendant AND NOW, this c2l1 n-f CUSTODY STTPTTT ,,Il.:r:LQIS: day of ~~{W/Wl-'1.. , 2003 the parties aireet~:t:T~~~'~:J'ti;*" following stipulation: 1. The parties are the natural parents of Hunter Cuza, born August 8, 2002. 2. The parties shall have shared legal custody in that the parents agree to consult with one another regarding major decisions involving Hunter Cuza. 3. The father, Nathan Cuza shall have primary physical custody in that the child shall live with the father the majority of the time and the mother shall have partial custody of a minimum of one weekend per month from Saturday noon until Sunday at 4:00 P.M. 4. The parties may modify this agreement at any time; however, should a dispute arise this agreement shall be followed until it is modified by the parties and approved by this Honorable Court. f!::.~J~ _;J;~ IA;/~ Witness ~ NA CUZA fu,V\fA ~c0Covl'C DANA MILAKOVIC ~f\ "\ ~ o ~ " 'G'- ~ ~ -- ,~ 't: J ~ ~ () ~ f? -r)r~ r(\,,~J :2" ~j: !E ~~:: ~c" :E .; .2" C., j>}~ :Ii ~..,.. .r::- ~ .. C) C;} "-> <::::> 5:::: 0 .." :-I ;;r: 11jJ.t ;gr:-: r', CJ '-, J 3:1 (.;: ,~::',j ..-"'0 tsrn ,-I ',> :::z: c ~ N W ~ :.;) -:: NOV 2 9 2004 Y VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. {/ ~( _ 51 19 DANA M. MILAKOVIC and NATHANE. CUZA, DEFENDANTS : CIVIL ACTIOK - LAW : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear befc)re, , Esquire, the Conciliator, on the _ day of 2004, at _.M., at the 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, 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 if requested by the Conciliator. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. Notification to the Defendant by the Prothonotary's Office is waived. For the Court, Date of Order: By Custody Conci liator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER 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 Phone: (717) 249-3-166 VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. DANA M. MILAKOVIC and NATHAN E. CUZA, DEFENDANTS : CIVIL ACTION ~ LAW : IN CUSTODY ORDER OF COURT You, Dana M. Milakovic, Defendant, have been sued in Court to obtain custody, partial custody or visitation of the child: Hunter G. Cuza. You are ordered to appear in person at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, on the o'clock .m. day of , 2004 at You are further ordered to bring with you the child: Hunter G. Cuza If you fail to appear as provided by this Order or to bring the child, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Phone: (717) 249-3166 BY THE COURT: J. VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. V ~/./5/"1qq DANA M. Mll.AKOVIC and NATHAN E. CUZA, DEFENDANTS 1. f2 ~ ~ il'<r, Z :i! r!;, ::! S? fl1 :IJ </1.-.- ..-'.' __ r- Z ,;. N <:J f.!l <.n~'; w :Oy r:;'J o(~ '" <... :::!r.: "r' ~o '? o~j The Plaintiff is Vanessa J. March and Ray E. March, residing ~7 s~rw~ ~ ;;, ~ o -< : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, Dana M. Milakovic, resides at 141 Columbia Road, Enola, Cumberland County, Pennsylvania 17025. 3. The Defendant, Nathan E. Cuza's, legal residence is 707 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. He is currently on active duty with the United States Army stationed at Fort Drum, New York. 4. Plaintiff seeks primary physical custody of the following child: NAME PRESENT RESJDENCE D.O.B. Hunter G. Cuza 141 Columbia Road Enola, P A 17025 08/8/2002 / The child was born out of wedlock. The child is presently in the custody of Defendant, Dana M. Milakovic, who resides at 141 Columbia Road, Enola, Cumberland County, Pennsylvania, 17025. The child was removed from his residence at 707 Sherwood Road, New Cumberland, Pennsylvania on or about September 30, 2004. At the time the child was residing with his paternal grandparents, the Plaintiff's in this action, Vanessa J. and Ray E. March. During the past five years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Dana M. Milakovic (Mother) Jasmine S. Cuza (Sister) 141 Columbia Road Enola, P A 9/30/04 - Present Vanessa J. & Ray E. March (Paternal Grandparents) Zachary K. Santos (Uncle) Hannah V. March (Aunt) 707 Sherwood Road New Cumberland, PA 02120/04 - 09/30/04 Dana M. Milakovic (Mother) Nathan E. Cuza (Father) Jasmine S. Cuza (Sister) Donna and J obn Milakovic (Maternal Great Aunt & Great Uncle) 22 Charlton Road Harrisburg, P A 01/20/04 - 02/20/04 Vanessa J. & Ray E. March (paternal Grandparents) Dana M. Milakovic (Mother) Zachary K. Santos (Uncle) Hannah V. March (Aunt) Jasmine S. Cuza (Sister) 707 Sherwood Road New Cumberland, PA 07/10/03 - 01/20/04 Vanessa J. & Ray E. March (paternal Grandparents) Dana Milakovic (Mother) Zachary K. Santos (Uncle) Hannah V. March (Aunt) 707 Sherwood Road New Cumberland, P A 04/03 - 07/09/03 NAME RESIDENCE DATE Dana M. Milakovic (Mother) Nathan E. Cuza (Father) Nathan E. Cuza's Biological Father Nebraska 02/03 - 04/03 Nathan E. Cuza (Father) Vanessa J. & Ray E. March (Paternal Grandparents) 707 Sherwood Road New Cumberland, PA 01-23-03 - 02/03 Dana M. Milakovic (Mother) 111 Bridge Street New Cumberland., P A 12/23/02 - 01123/03 Dana M. Milakovic (Mother) Nathan E. Cuza (Father) 111 Bridge Street New Cumberland, P A Birth - 12/23/02 The mother of the child is Dana Milakovic, currently residing at 141 Columbia Road, Enola, Cumberland County, Pennsylvania. She is single. The father of the child is Nathan E. Cuza, legal residence is 707 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. He is currently on active duty with the United States Army stationed at Fort Drum, New York. He is single. 5. The relationship of Plaintiffs to the child is that of paternal grandparents. The Plaintiffs currently resides with the following persons: NAME RELATIONSHIP Jasmine S. Cuza Nathan E. Cuza Granddaughter Son (Previously resided with the Plaintiffs when not on active duty in the military) Son Daughter Zachary K. Santos Hannah V. March 6. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following person: NAME RELATIONSHIP Hunter G. Cuza Jasmine S. Cuza Believed to have a roommate. Son Daughter 7. The minor child has resided with the Plaintiffs for seventeen (17) months of the twenty-seven (27) months of his life. Plaintiffs have not parlicipated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, however, the Defendant, Nathan E. Cuza, was awarded primary custody in a protection from abuse action, Nathan E. Cuza, Plaintiff, versus Dana M. Malakovic, Defendant, indexed to No. 03-0377 Civil Term, Protection From Abuse, in the Court of Common Pleas, Cumberland County, Pennsylvania. Around the time of the entry of this Order, the Defendant, Nathan E. Cuza, and the child were primarily residing with the Plaintiff's. The Order provided for physical custody with Nathan E. Cuza subject to the partial custody rights of Dana M. Milakovic as follows: One weekend per month from Saturday at 12:00 Noon until Sunday at 4:00 p.m. A copy of the said Order is attached hereto and marked Exhibit "A". Plaintiffs do not !mow 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. 8. The best interest and permanent welfare of the Ghild will be served by granting the paternal grandparents, Vanessa J. March and Ray E. March, primary physical custody of the minor child. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiffs, Vanessa J. March and Ray E March, request the court to grant primary physical custody of the minor child, Hunter G. euza, to them. JAMES, sMIm, DIETTERICK & CONNELLY LLP Date: / 1-/8 -()1f NUV-l~-~~~4 l~;ll r.l:I::> VERIFICATION I verify that the statements made in this Pleading are tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904 relating to unsworn falsification to authorities. Date: II IJ ~ 10 Y ~ 'i."'GA.v\ Ray E. March NA THA?\T CUZA, Plaintiff IN THE COURT OF COMMO:\ PLEAS CUMBERLA.i\'D COUNTY, PE?'-."?\SYL V A1\lA Y. NO. 03-0377 CIVIL TERM DANA l\IILAKOVIC, Defendant PROTECTION FROM ABUSE ORDRR AND NOW, this ;; 7 .~ day of .1_L@""<"I.-',-<,_c7 directed that the father, Nathan Cuza and the mother, D2.na Milakovic shall share legal custody of their , 2003, it is hereby ordered and son. Rumer Cuza, bam August 8. 2002. The father shall have primary physical custody in that the child should lin \,"iIh the father the maj ority of the time and the mother shall have partial cllstody .of at least one weekend per month from Satunby noon until Sunday 4:00 P.M. The parties may mutually agree to modify this Order at any time. By the Court, ti-dio ::; CALl <<'k~ "'dward E. Guido, .--- u - C.' /~0J J. i" f2:;;;~:if:J.~: ,;,/', ,":,' ,':. ~,'~lR 0 ,j I~.;-'" ..t'..,:, .,' . '. ..c.,. ."ll;.( U"1-.' II'P(."~ . .~ ;..'.". _.,:. ,.;. i ..,; /Fa, lU' ";.', ..,.j-.1.~_~i.. ~ \-;j.J:..lL~:::;"";'r!i;'i!3 .._..__._~:t~__Q !1~- :-a J -0--::::'" "lr~ ~-. -_.......~.-""":"___ .L 'n.t... r.'TFfI,nr:"" : I .,.. , .....,1.1' \h!r~ NATHAN CUZA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. crvn, TER1Vl DANA MILAKOVIC, Defendant ~ ~ . . ~'.". cnSTonv STTPTH ,A TTON "", .-!/.. AND NO"", this ;2l/ n-( day of ~"fl.lrwf\-(V'1 , 2003 ..:.~~~~ , . :~'.~~ '. . . .:: :;~';1~.,~.;:.::'.~:f~i:q~:1~f~ the parties '. agree . tci':,thf;:;iti{.~ - ":.~. .'-'.~~./?~ following stipulation: 1. The parties are the natural parents of Hunter Cuza, born August 8, 2002. 2. The parties shall have shared legal custody in that the parents agree to consult with one .' another regarding major decisions involving Hunter Cuza. 3. The father, Nathan Cuza shall have primary physical custody in that the child shall live with the father the majority of the time and the mother shall have partial custody of a minimum of one weekend per month frO~ll Saturday noon until Sunday at 4:00 P.M. 4. The parties may modify this agreement at any time; however, should a dispute arise this . agreement shall be followed until it is modified by the parties and approved by this Honorable Court. r1u4v~ JA Witness ~ _;J;.-- f;c;//~ Witness . NA CUZA m,V\fA ~Q)( ou,'C DANA MILAKOVIC NOV 2 9 2004/ VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO.6/( ~ -," ff1 DANA M. MILAKOVIC and NATHAN E. CUZA, DEFENDANTS : CNIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before, , Esquire, the Conciliator, on the _ day of 2004, at _,M., at the 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, 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 if requested by the Conciliator. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. Notification to the Defendant by the Prothonotary's Office is waived. For the Court" Date of Order: By Custody Conciliator YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER 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 Phone: (717) 249-3-166 VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. DANA M. MILAKOVIC and NATHAN E. CUZA, DEFENDANTS : CNIL ACTION - LAW : IN CUSTODY ORDER OF COURT You, Dana M. Milakovic, Defendant, have been sued in Court to obtain custody, partial custody or visitation of the child: Hunter G. Cuza. You are ordered to appear in person at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, on the o'clock .m. day of , 2004 at You are further ordered to bring with you the child: Hunter G. Cuza If you fail to appear as provided by this Order or to bring the child, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Phone: (717) 249-3166 BY THE COURT: J. VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA : NO. DANA M. MILAKOVIC and NATHANE. CUZA, DEFENDANTS : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY The Plaintiff is Vanessa J. March and Ray E. March, residing at 707 Sherwood o r--> egO." ~. ..r:- -0 (1') :;:: --f q:' r :: 0 :r: :0 The Defendant, Dana M. Milakovic, resides at 141 Columbi$:~ ~bad ~noi8~ S?~:: ~ :00 r-" ,--, 0(1., <..... -I -' )> (.... ~ :1: :r1. ..._~ ) 0 . ~:;,. 0 :x ...,. ('5 .....~c. 5-"'m The Defendant, Nathan E. Cuza's, legal residence is 707 Sherwo~ Ro;g, N~ o -< Cumberland, Cumberland County, Pennsylvania 17070. He is currently on active duty with the 1. Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Cumberland County, Pennsylvania 17025. 3. United States Army stationed at Fort Drum, New York. 4. Plaintiff seeks primary physical custody of the 1bllowing child: NAME PRESENT RESJDENCE D.O.B. Hunter G. Cuza 141 Columbia Road Enola, P A 17025 08/8/2002 / The child was born out of wedlock. The child is presently in the custody of Defendant, Dana M. Milakovic, who resides at 141 Columbia Road, Enola, Cumberland County, Pennsylvania, 17025. The child was removed from his residence at 707 Sherwood Road, New Cumberland, Pennsylvania on or about September 30,2004. At the time the child was residing with his paternal grandparents, the Plaintiffs in this action, Vanessa J. and Ray E. March. During the past five years, the child has resided wi1h the following persons and at the following addresses: NAME RESIDENCE DATE Dana M. Milakovic (Mother) Jasmine S. Cuza (Sister) 141 Columbia Road Enola, P A 9/30/04 - Present Vanessa J. & Ray E. March (paternal Grandparents) Zachary K. Santos (Uncle) Hannah V. March (Aunt) 707 Sherwood Road New Cumberland, P A 02/20/04 - 09/30/04 Dana M. Milakovic (Mother) Nathan E. Cuza (Father) Jasmine S. Cuza (Sister) Donna and John Milakovic (Maternal Great Aunt & Great Uncle) 22 Charlton Road Harrisburg, P A 01/20/04 - 02/20/04 Vanessa J. & Ray E. March (Paternal Grandparents) Dana M. Milakovic (Mother) Zachary K. Santos (Uncle) Hannah V. March (Aunt) Jasmine S. Cuza (Sister) 707 Sherwood Road New Cumberland, P A 07/10/03 - 01/20/04 Vanessa J. & Ray E. March (paternal Grandparents) Dana Milakovic (Mother) Zachary K. Santos (Uncle) Hannah V. March (Aunt) 707 Sherwood Road New Cumberland, PA 04/03 - 07/09/03 NAME RESIDENCE DATE Dana M. Milakovic (Mother) Nathan E. Cuza (Father) Nathan E. Cuza's Biological Father Nebraska 02/03 - 04/03 Nathan E. Cuza (Father) Vanessa J. & Ray E. March (paternal Grandparents) 707 Sherwood Road New Cumberland, P A 01-23-03 - 02/03 Dana M. Milakovic (Mother) 111 Bridge Street New Cumberland, PA 12/23/02 - 01123/03 Dana M. Milakovic (Mother) Nathan E. Cuza (Father) 111 Bridge Street New Cumberland, P A Birth - 12/23/02 The mother of the child is Dana Milakovic, currently residing at 141 Columbia Road, Enola, Cumberland County, Pennsylvania. She is single. The father of the child is Nathan E. Cuza, legal residence is 707 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. He is currently on active duty with the United States Army stationed at Fort Drum, New York. He is single. 5. The relationship of Plaintiffs to the child is that of paternal grandparents. The Plaintiffs currently resides with the following persons: NAME RELATIONSHIP Jasmine S. Cuza Nathan E. Cuza Granddaughter Son (previously resided with the Plaintiffs when not on active duty in the military) Son Daughter Zachary K. Santos Hannah V. March 6. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following person: NAME RELATIONSHIP Hunter G. Cuza Jasmine S. Cuza Believed to have a roommate. Son Daughter 7. The minor child has resided with the Plaintiffs for seventeen (17) months of the twenty-seven (27) months of his life. Plaintiffs have not parlicipated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, however, the Defendant, Nathan E. Cuza, was awarded primary custody in a protection from abuse action, Nathan E. Cuza, Plaintiff, versus Dana M. Ma1akovic, Defendant, indexed to No. 03-0377 Civil Term, Protection From Abuse, in the Court of Common Pleas, Cumberland County, Pennsylvania. Around the time of the entry of this Order, the Defendant, Nathan E. Cuza, and the child were primarily residing with the Plaintiffs. The Order provided for physical custody with Nathan E. Cuza subject to the partial custody rights of Dana M. Milakovic as follows: One weekend per month from Saturday at 12:00 Noon until Sunday at 4:00 p.m. A copy of the said Order is attached hereto and marked Exhibit "A". Plaintiffs do 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. 8. The best interest and permanent welfare of the child will be served by granting the paternal grandparents, Vanessa J. March and Ray E. March, primary physical custody of the minor child. 9. Each parent whose parental rights to the child. have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiffs, Vanessa J. March and Ray E March, request the court to grant primary physical custody of the minor child, Hunter G. Cuza, to them. JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: 11-/8 -fJif NUV-l~-~~~4 l~;ll r.~::> VERIFICATION I verify that the statements made in this Pleading are tru.e and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904 relating to unsworn falsification to authorities. Dale: II IJ ~ 10 'I l~ Vanessa J. March ~ '7. ~QA.cA. Ray E. March NA THA:\' CUZA, Plaintiff IN THE COURT OF COMMa;\" PLEAS CUMllEHLA....i\'D COUNTY, PE:\-::\SYL V A.i\lA v. NO. 03-0377 CIVIL TERM DANA MILAKOVIC, Defendant PROTltCTION FROM ABUSE ORDRR AND NOW, this ,;( 7 '~ day of 3:~LB'-<-'-'-<'-i , 2003, it is hereby ordered and directed that the father, Nathan Cuza and the mother, Dana Milakovic shall share legal custody of their son. Humer Cuza, born AugusT 8. 2002. The father shall have primary physical custody in that the child should lin \\'irh the father the majority of the time and the mother shall have partial custody .of at least one weekend per month from S:llun.by noon until Sunday 4:00 P.M. The parties may mutually agree to modify this Order at any time. By the Court, -/ddto :; C~'~u~.t...{ dward E. Guido: ''\ u -- t" j_'!--c_w__i,.JJ J. i:: J'~:"~:i;,~::~},,':":~"~,~t- ii r-::. ~,::,i;' ; ';,'< C:f;no . \. ':~ ' ~, :; .:.. . J' "5 ,,' . 1010' . ... ..;' I~ " . "'. ,.to.' "';( i',,~' j, "ft" ';,:, -";-,,1'(-p~.~~'~I'~ \:;::;~~:';) L'f c~;;::::,..\"~'(;Fa \i , ,_...J~tJ-~ ~'tJ.3 -.------S.-,J!:,,"l->'~ Cl ll---'--:-:J -- , T-~'-- --,....:._.~ 'LO;t?~ "..,' 'nthor""'" ; ,-+ , ".'" t\,l,llfr! NOV 2 9 ?Cn~ / v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA : NO. 0 ';'.. :;/' 8' Cjq VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS DANA M. MILAKOVIC and NATHAN E. CUZA, DEFENDANTS : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear befiJre, , Esquire, the Conciliator, on the _ day of 2004, at _.M., at the 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, 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 Ilarrow 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 if requested by the Conciliator. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. Notification to the Defendant by the Prothonotary's Office is waived. For the Court, Date of Order: By Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER 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 Phone: (717) 249-3166 VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. DANA M. MILAKOVIC and NATHANE. CUZA, DEFENDANTS : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT You, Dana M. Milakovic, Defendant, have been sued in Court to obtain custody, partial custody or visitation of the child: Hunter G. Cuza. You are ordered to appear in person at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, on the o'clock .m. day of , 2004 at You are further ordered to bring with you the child: HWlter G. Cuza If you fail to appear as provided by this Order or to bring the child, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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 Associ.ation 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 BY THE COURT: J. VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA : NO. DANA M. MILAKOVIC and NATHANE. CUZA, DEFENDANTS 1. () :;;;g ~; c:::. 0 ... ..1:::-- '"71 -r,W 2: ~ LVr.;:1 0 :T.:-n :?'t) '< n-tr=: C.:} J'-, N 1:1 D1 ;::; :< w :0 y ..,...C, OC.l., ~-' .... ) '-::: () -0 :r Ji fiQ ::t: ~f5 The Plaintiff is Vanessa J. March and Ray E. March, residing at ~7 Sfterw~<f1 ~ ~ 5:) '-' -< : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, Dana M. Milakovic, resides at 141 Columbia Road, Enola, Cumberland County, Pennsylvania 17025. 3. The Defendant, Nathan E. Cuza's, legal residence is 707 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. He is currently on active duty with the United States Army stationed at Fort Drum, New York. 4. Plaintiff seeks primary physical custody of the following child: NAME PRESENT RESJDENCE D.O.B. Hunter G. Cuza 141 Columbia Road Enola, P A 17025 08/8/2002 / The child was born out of wedlock. The child is presently in the custody of Defendant, Dana M. Milakovic, who resides at 141 Columbia Road, Enola, Cumberland County, Pennsylvania, 17025. The child was removed from his residence at 707 Sherwood Road, New Cumberland, Pennsylvania on or about September 30,2004. At the time the child was residing with his paternal grandparents, the Plaintiffs in this action., Vanessa J. and Ray E. March. During the past five years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Dana M. Milakovic (Mother) Jasmine S. Cuza (Sister) 141 Columbia Road Enola, P A 9/30/04 - Present Vanessa J. & Ray E. March (paternal Grandparents) Zachary K. Santos (Uncle) Hannah V. March (Aunt) 707 Sherwood Road New Cumberland, P A 02/20/04 - 09/30/04 Dana M. Milakovic (Mother) Nathan E. Cuza (Father) Jasmine S. Cuza (Sister) Donna and John Milakovic (Maternal Great Aunt & Great Uncle) 22 Charlton Road Harrisburg, P A 01/20/04 - 02/20/04 Vanessa J. & Ray E. March (paternal Grandparents) Dana M. Milakovic (Mother) Zachary K. Santos (Uncle) Hannah V. March (Aunt) Jasmine S. Cuza (Sister) 707 Sherwood Road New Cumberland, P A 07/10/03 - 01/20/04 Vanessa J. & Ray E. March (Paternal Grandparents) Dana Milakovic (Mother) Zachary K. Santos (Uncle) Hannah V. March (Aunt) 707 Sherwood Road New Cumberland, P A 04/03 - 07/09/03 NAME RESIDENCE DATE Dana M. Milakovic (Mother) Nathan E. Cuza (Father) Nathan E. Cuza's Biological Father Nebraska 02/03 - 04/03 Nathan E. Cuza (Father) Vanessa J. & Ray E. March (Paternal Grandparents) 707 Sherwood Road New Cumberland, P A 01-23-03 - 02/03 Dana M. Milakovic (Mother) III Bridge Street New Cumberland, P A 12/23/02 - 01/23/03 Dana M. Milakovic (Mother) Nathan E. Cuza (Father) III Bridge Street New Cumberland, P A Birth - 12/23/02 The mother of the child is Dana Milakovic, currentJly residing at 141 Columbia Road, Enola, Cumberland County, Pennsylvania. She is single. The father of the child is Nathan E. Cuza, legal residence is 707 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. He is currently on active duty with the United States Army stationed at Fort Drum, New York. He is single. 5. The relationship of Plaintiffs to the child is that of paternal grandparents. The Plaintiffs currently resides with the following persons: NAME RELATIONSHIP Jasmine S. Cuza Nathan E. Cuza Granddaughter Son (previously resided with the Plaintiffs when not on active duty in the military) Son Daughter Zachary K. Santos Hannah V. March 6. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following person: NAME RELATIONSHIP Hunter G. Cuza Jasmine S. Cuza Believed to have a roommate. Son Daughter 7. The minor child has resided with the Plaintiffs for seventeen (17) months of the twenty-seven (27) months of his life. Plaintiffs have not parldcipated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, however, the Defendant, Nathan E. Cuza, was awarded primary custody in a protection from abuse action, Nathan E. Cuza, Plaintiff, versus Dana M. Malakovic, Defendant, indexed to No. 03-0377 Civil Term, Protection From Abuse, in the Court of Common Pleas, Cumberland County, Pennsylvania. Around the time of the entry of this Order, the Defendant, Nathan E. Cuza, and the child were primarily residing with the Plaintiffs. The Order provided for physical custody with Nathan E. Cuza subject to the partial custody rights of Dana M. Milakovic as follows: One weekend per month from Saturday at 12:00 Noon until Sunday at 4:00 p.m. A copy of the said Order is attached hereto and marked Exhibit "A". Plaintiffs do 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. 8. The best interest and permanent welfare ofthe child will be served by granting the paternal grandparents, Vanessa J. March and Ray E. March, primary physical custody of the minor child. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiffs, Vanessa J. March and Ray E March, request the court to grant primary physical custody of the minor child, Hunter G. Cuza, to them. JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: 11-/8 ~fJLf NUV-l~-~~~4 l~;ll r.~::> VERIFICATION I verify that the statements made in this Pleading are ttue and correct. I understand that false statements herein are made subject to the penalties of 18 lPa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: II ~l ~ /0 If 14MU~ VanessaJ. March ~ '7. ~QA.cA. Ray E. March EXHIBIT "A" NA THAN CUZA, Plaintiff IN THE COURT OF COMMa;\" PLEAS CUMllEIU.Al",\D COUNTY, PE:\-::\Sl'L VANIA v. NO. 03-0377 CIVIL TERlVI DANA I\IILAKOVIC, Defendant PROTE;CTION FROM ABUSE ORDRR AND NOW, this ,;( 7'~ day of 3LBi_<.,-,.-<,_v-, I , 2003, it is hereby ordered and directed that the father, Nathan Cuza and the mother, Dana Milakovic shall share legal custody of their son, Hunter euza, born AugusT 8. 2002. The father shall have primary physical custody in that the child should liye with the father the maj ority of the time and the mother shall have partial custody .of at least one weekend per month from Saturday noon until Sunday 4:00 P..lv1. The parties may mutually agree to modify this Order at any time. By the Court, ,-) c... j :; Ctl.u<-t;>d ~dward E. Guido, '\ t-{ ~ C.' ~0.J J. r"'f'1f!. ,. ~.~~~ I~"" j: '"." .'~ , ,. 1ol....1tt~.. ~,,;.~ f,f. ~ ~'.. .~,. ~\':I.~' ~. 'i..", .,rIh,~"",;('u l~~ h':~h:ni,!~:t':" ~(;; '~'<~';'.U ': " " _ ' :; I;:'; j;"<{"i ....(." I '. ;;. ;,n..: v; ,~ ;"':'.'o..f' ',;. '{" ..' ~.....;. Ht}" 1~.dUd ..... "11L~) '~"(.~t_,..~;;~:.;i,.1~ I~f ,', -,,/- ..- '. "",J:..c..{l -'" " , '<l\. -------L:C:: Q l1~ ~.::!. .1J T '-. .-~'"...[.:-.~ .LO,,--Z""" "-1' '1rl'i-;or"~' t ,-+ , ......, .Gl!rt' . --'.'-'-'-..-... NATHAN CUZA, Plaintiff IN THE: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Y. : NO. CIVIL TERM DANA MILAKOVIC, Defendant AND NO"", this cnSTonv STTPTTT ,A TTON ;!'-l n-{ day of ~~1J.vA-(Vl. .." ", .-\/-: . .. .: :t:i!i{i.;:':t:\"?:;~l~~Jn:t~~J the parnes ,agree ,to,th.c;:"Jii'\~k\ . '. . .;L'l:':~~;! , 2003 following stipulation: 1. The parties are the natural parents of Hunter Cuza, bom August 8, 2002. 2. The parties shall have shared legal custody in that the parents agree to consult with one .:, another regarding major decisions involving Hunter Cuza. 3. The father, Nathan Cuza shall have primm")! physical custody in that the child shall live with the father the majority of the time and the mother shall have partial custody of a , minimum of one weekend per month from Saturday noon until Sunday at 4:00 P.M. 4. The parties may modify this agreement at any time; however, should a dispute arise this agreement shall be followed until it is modified by the parties and approved by this Honorable Court. f1u~JA Witness J .11.-- If.$k W i'tness ~ ?'~~' ~ NJ\: . CUZA fu,V\l\ ~cV( ov/'C DANA MlLAKOVIC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VANESSA J. MARCH and * RAY E. MARCH, * Plaintiffs * * vs. * No. 04-351'~ CIVIL TERM * DANA M. Mll.AKOVIC and * Civil Action - In Custody NATHAN E. CUZA, * Defendants * ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT; PLEASE enter my appearance as attorney of record (]In behalf of Defendant Dana M. Milakovic at the above-captioned docket. By: Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO [/ Bradley 'A, innick, Esquire ID # 78 130 W. Church Stnlet Dillsburg, PA 17019 (717) 432-9666 Dated: February IS, 2005 ..~ ,~ -.. - ,,I; c:"\ r:"} r-- 1".[') - < IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VANESSA J. MARCH and * RAY E. MARCH, * Plaintiff * * vs. * * DANA M. MILAKOVIC and * NATHAN E. CUZA, * Defendant * NO. 04-3519 CIVIL TERM IN CUSTODY STIPULATION AS TO DEFENDANT DANA M. MILAKOVIC'S CROSS- EXAMINATION OF PLAINTIFFS' WITNESS DOUG HAMILTON WHEREAS a custody hearing was held before The Honorable Wesley Oler, Jr. on February 24, 2005; and WHEREAS said hearing was concluded for the day as Defendant Dana M, Milakovic was about to commence cross-examination of Plaintiffs' witness Doug Hamilton; and WHEREAS Defendant Nathan E. Cuza absented himself from the courtroom and the proceedings without notice or explanation prior to the direct examination of Doug Hamilton; and WHEREAS Plaintiffs and Defendant Milakovic desire to enter into the herein stipulation as to the facts which would have been elicited from Doug Hamilton during cross-examination, and desire to have the record closed upon submission of said stipulation to This Court. NOW THEREFORE, Plaintiffs and Defendant Milakovic stipulate and agree to the following questions and answers related to the cross-examination of Doug Hamilton: Q: Is it fair to say that you have had no contact with Dana Milakovic since approximately January 2004 when you helped her move from Plaintiffs' residence to the residence of her aunt? A: Yes. Q: And in the approximately one and one-half(l 1/2) years you had known Dana to that point you had spoken on a number of occasions to her regarding her living arrangements and the raising of her children? A: Yes. Q: All of those conversations occurred during a period in which Dana was actually residing with her children in Plaintiffs' home? A: Yes, Q: She expressed that Plaintiffs' residence was a good home and that the then existing living situation was a stable one? A: Yes. Q: She expressed appreciation for the assistance Plaintiffs had provided her? A: Yes. Q: Do you have any information regarding Dana's living arrangements or parenting capabilities since January 2004? A: No. On behalf of Plaintiffs, Vanessa 1. March and Ray E. March, and Defendant Dana M, Milakovic, the undersigned counsel of record hereby stipulate to the questions and answers detailed above as the complete and accurate cross-examination of Doug Hamilton. It is further agreed that . the record shall be closed and the parties submit the entire record to This Court for review. ~~ 1 J2'610~ Date! . Winnick, Esquire for Defendant Dana M, Milakovic ~ 1 a. 81o.s- Date " ,,/----- 'i\ - ~ VANESSA J. MARCH, Ray E. MARCH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW DANA M. MILAKAOVIC and NATHAN E. CUZA, Defendants NO. 04-3519 CIVIL TERM VANESSA J. MARCH, Ray E. MARCH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW DANA M. MILAKAOVIC and NATHAN E. CUZA, Defendants NO. 04-5899 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of February, 2005, upon consideration of Plaintiffs' Complaint for Custody with respect to Jasmine S. Cuza, and of Plaintiffs' Complaint for Custody with respect to Hunter G. Cuza, and following a hearing held on this date, which has not yet been completed, the record shall remain open and counsel are requested to contact the Court's secretary for a date at which the hearing can be concluded. It is noted at the time of adjournment on today's date, counsel for Defendant Dana M. Milakovic was about to begin cross-examination of Plaintiffs' witness, Douglas Hamilton. It lS further noted that no exhibits had been identified or admitted. By the Court, !~~ (/ 6,00 :;' o ~, i, " .. ;.,;'"' . John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 For the Plaintiffs Bradley A. Winnick, Esquire 130 West Church Street Ste. 100 Dillsburg, FA 17019 For Defendant Milakovic Nathan E. Cuza, Defendant Pro Se 176 Duffy Street Watertown, New York 13601 pcb VANESSA J. MARCH, And RAY E. MARCH, Plaintiffs IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PE SYL VANIA v. CIVIL ACTION - LA W DANA M. MILAKOVIC And NATHAN E. CUZA, Defendants NO. 04-3519 CIVIL TERM * * * * VANESSAJ. MARCH, And RAY E. MARCH, Plaintiffs IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PE SYL VANIA v. CIVIL ACTION - LAW DANA M. MILAKOVIC And NATHAN E. CUZA, Defendants NO. 04-5899 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of April, 2005, upon consider tion of Plaintiffs' Complaint for Custody filed at No. 04-3519 Civil Term with respect to Jasmine S. Cuza (d.o.b. July 10,2003), and of Plaintiffs' Complaint for Custody filed t No. 04-5899 Civil Term with respect to Hunter G. Cuza (d.o.b. August 8, 2002),1 folio ing a hearing held on February 28, 2005, and based upon the Court's belief as to the b st interests of each child at this time, it is ordered and directed as follows: 1. With respect to Jasmine S. Cuza, a. The mother, Dana M. Milakaovic, shall h ve legal custody; b. The paternal grandparents, Vanessa J. March nd Ray E. March, shall have partial or temporary cust dy on alternating weekends, from Friday at 7:00 p.m. u til ] These custody cases were consolidated by order of court dated December 14, 20 . V!~J\:r\lASN~,[jd I P '''~,,-. r"'" """'"n''' ,\~:\~ ~(, '. 1,,1 '!' ,,_.:<.:':~;, ;,j V 2 ~ :t; ~Id S- HdV S092 Atil1J.CNOdJDUd :JHl :JO :l0U..lt.{]J. ....~J _.\.."",..t... '_ kJ Sunday at 7:00 p.m., and for the first two consecut ve weeks of August during the summer; and c. The father, Nathan E. Cuza, shall have partial or temporary custody at such times as the parties mutu Ily agree. 2. With respect to Hunter G. Cuza, a. The paternal grandparents, Vanessa J. March nd Ray E. March, and the mother, Dana M. Milakao IC, shall share legal custody; b. The paternal grandparents, Vanessa J. March nd Ray E. March, shall have primary physical custody; c. The mother, Dana M. Milakaovic, shall h ve temporary or partial physical custody (\) on alterna ing weekends from Friday at 7:00 p.m. until Sunday at :00 p.m., (2) from Christmas Day at 3:00 p.m. December 30 at 3:00 p,m.; (3) on Thanksgiving from 3:00 p.m. until 7:00 p,m., (4) on Mother's from 10:00 a.m, until 7:00 p.m., and (5) during the summer for two consecutive weeks during each 0 the months of June, July and August; d. The father, Nathan E. Cuza, shall have temp ary or partial physical custody at such times as the pa les mutually agree. 3. The periods of primary and temporary or parti I physical custody of the children provided for herein shall be sched led so that the time during which the two children are with the same ustodian(s) is maximized. 4. Nothing herein is intended to preclude the p rties from deviating from the terms of this order by mutual agreemen . - -, .. 5. All prior custody orders, including any custody orders e tered in protection from abuse proceedings, are superseded by this order. BY THE COURT, / r. '/./ l(j/~ {; J. Wesley OIg:"Jr., /'-. John Connelly, Jr., Esq. P.O. Box 650 ! Hershey, P A 17033 I Attorney for Plaintiffs f I Bradley A. Winnick, Esq. ( Suite 100 1~0 West Church Street \ C.u /) ! DIilsburg, P A 17019 (-t-'1J-LVJ /f'v'---iv<..X-Q-&,-------, Attorney for Defendant 1"__ Dana M. Milakovic i 4v ~- 6,j ! ,}fs- Nathan E. Cuza 707 Sherwood Road . New Cumberland, PA 170tO Defendant, pro se : ! :rc VANESSA 1. MARCH, And RAY E. MARCH, Plaintiffs IN THE COURT OF COMMO PLEAS OF CUMBERLAND COUNTY, PE SYL VANIA v. CIVIL ACTION - LAW DANA M. MILAKOVIC And NATHAN E. CUZA, Defendants NO. 04-3519 CIVIL TERM * * * * VANESSA J. MARCH, And RAY E. MARCH, Plaintiffs IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PE SYLVANIA v. CIVIL ACTION - LAW DANA M. MILAKOVIC And NATHAN E. CUZA, Defendants NO. 04-5899 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of April, 2005, upon consider tion of Plaintiffs' Complaint for Custody filed at No. 04-3519 Civil Term with respect 0 Jasmine S. Cuza (d.o.b. July 10,2003), and of Plaintiffs' Complaint for Custody filed a No. 04-5899 Civil Term with respect to Hunter G. Cuza (d.o.b. August 8, 2002), I folio ing a hearing held on February 28, 2005, and based upon the Court's belief as to the be t interests of each child at this time, it is ordered and directed as follows: 1. With respect to Jasmine S. Cuza, a. The mother, Dana M. Milakaovic, shall ha e legal custody; b. The paternal grandparents, Vanessa J. March d Ray E. March, shall have partial or temporary custo on alternating weekends, from Friday at 7:00 p.m. unt 1 I These custody cases were consolidated by order of court dated December 14, 2004. j:", LuL I',..) /)rw+L.ov CJ""IUL'j o~G~ P1Jru:-l !:, :2<::Or (j1U ~ (~<bl -8lvL CN-~'19 ~ Sunday at 7:00 p.m., and for the first two consecu ive weeks of August during the summer; and c. The father, Nathan E. Cuza, shall have parti or temporary custody at such times as the parties mutu lIy agree. 2. With respect to Hunter G. Cuza, a. The paternal grandparents, Vanessa J. March and Ray E. March, and the mother, Dana M, Milaka vie, shall share legal custody; b. The paternal grandparents, Vanessa J. March and Ray E. March, shall have primary physical custody; c. The mother, Dana M. Milakaovic, shall ave temporary or partial physical custody (1) on altern ting weekends from Friday at 7:00 p.m. until Sunday at :00 p.m., (2) from Christmas Day at 3:00 p.m. ntil December 30 at 3:00 p.m.; (3) on Thanksgiving Day from 3:00 p.m. until 7:00 p.m., (4) on Mother's Day from 10:00 a.m. until 7:00 p.m., and (5) durin the summer for two consecutive weeks during each 0 the months of June, July and August; d. The father, Nathan E. Cuza, shall have temp rary or partial physical custody at such times as the p rties mutually agree. 3. The periods of primary and temporary or part al physical custody of the children provided for herein shall be sche uled so that the time during which the two children are with the same ustodian(s) is maximized. 4. Nothing herein is intended to preclude the arties from deviating from the terms of this order by mutual agreeme 1. 5. All prior custody orders, including any custody orders e tered in protection from abuse proceedings, are superseded by this order. John Connelly, Jr., Esq. P.O. Box 650 Hershey, PA 17033 Attorney for Plaintiffs Bradley A. Winnick, Esq. Suite 100 130 West Church Street Dillsburg, PA 17019 Attorney for Defendant Dana M, Milakovic Nathan E. Cuza 707 Sherwood Road i New Cumberland, PA 170 0 Defendant, pro se , / :rc / BY THE COURT, , ) e-~ ~--- '-t'~ ~- 6) $