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Home My WebLink About04-5899 VANESSA J. MARCH and RAY E. MARCH, PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLA VNIA v. : NO. D'i~ f<gqq DANA M. Mll.AKOVIC and NATHANE. CUZA, DEFENDANTS : CIVIL 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 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, Eno1a, 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, PA 02120/04 - 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, 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 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 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 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 1. March and Ray E March, request the court to grant primary physical custody ofthe minor child, Hunter G. euza, to them. JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: 1/-/8 -(Yf NDV-10-2004 13:11 P.09 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. ,. Dote:..J III ~ /u 'I t\~'Jl. \.lV lJAr.h Vanessa J. March 0 ~ '1. ~QA.V\ Ray E. March EXHIBIT "A" .' . . . '.. .. .: ::..,...,. i. .... . ~., ~; '~'. ',' ..,;:':/~~~kf:~~~:.' '. rEB. ?'.!:\.",)OJ.. ~ .... "~' :.:-~'J1J~.:,!,#;:~t:]~lf 'g'.' ' " ". NA TEA='" eliZA, Plaintiff IN THE COURT OF COMMO:\ PLEAS CUMllERLA..l"\'D COUNTY, PE~-:\'SYL V A.i\1A Y. NO. 03-0377 CIVIL TERIVI DANA l\IILAKOVIC, Defendant PROTECTION FROM ABUSE ORDF,R AND NOW, this P.. 7 ~ day of .J~LB'-<-<,-,,-<,-'1 dIrected that the father, Nathan Cuza and the mother, Dana Milakovic shall share legal custody of their , 2003, it is hereby ordered and son. Humer Cuza, bom August 8. 2002. The father shall have primary physical custody in that the child should liye \\"i[h the father the majo,'ity. 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.?\-!. The parties may mutually agree to modify this Order at any time. By the Court, /J/ t~eLO~~~ E: ~~ Edward E. Guido, 1. , .'f.f..lXJt: ~):,,/i. .'" ,t'-:. . -'. g "., ' . " '~/""1 r-iO L ,;" I "..;. ,.~ .;'il..~~. . .~ ;'<:~"~:;:;'~i:'~' -,: d , .. , t' "\; '.:;'~;. ; .:" ';. ;: ~".': .;"t~:' r~~-:.' it .'l~~.t ,of "f~~: .,: '. .'.,~ 'f ~' ," '. 'l'~ iFa. ,l{;" '~.'lo, .1"'-) ~,) ,-:1..' \. l",," :'...~'l...~;r ~":/l1\... - -"L. ""J, ~ .:2...L -----...-.J-.:'!;:.:~ Q ~)1~ -~ "/' r ~- ....-......_.~ .LOtu, r1' '...., 'r JI .. tJPOr:rn!fl' -; ,.....~ l~ ...."..........--._. ...._ _'_'_~_'_ NATHAN CUZA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. CIVIL TERM DANA lYllLAKOVIC, Defendant ,'t.....,' \'?f~, cnSTonv STTPTTT ,A TTON ',>;!~. thi'~1 " ';'"1" AND NO'W, this .;2l.J n-( day of ~~{WA-(Vl. , 2003 the parties agree to following stipulation: 1. The parties are the natural parents of HlInter 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 ClIza 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. !!:::;!MJ Ay _J~ fA;/~ Witness ~ NA~CUZA . fu'Y\V\ ~evlI OVi'C DANA MlLAKOVIC ~f\ "'\ ~ V ~ ~ tr'- .1) ""-. }'J - ~ J ~ ~ C) ~ P -1S: rr" Pi c.,;.' II Z..1;! cr., 5-~ rEf;: 5:~ .' ZCl j,.' () -0 C :Jit ~ ~ <:":) <::) "-.:> <:::;:> c~.:.:.:r 0 ..l;.- -'11 ....., fFi:J:J r. ~r:-l ?,c, '-, J :i' <,,) ~ .-{ .~~(5 (,5 rn ~~.~! :jJ -< :::e o ....::: N W ~ , . , '" 1\ 1'. ~,'. \,.;. 't;..1. \ ~N Ff'HE' CciURT OF COMMON PLEAS OF CUMBER~ITNJ COUNTY, PENNSYLVANIA ._",,'-' VANESSA J. ~~$CH, Ray E _ jVll'~RCH, 7f~'~;J \i\.\~< Plaintiff,s " 'i. '~"-..: CIVIL ACTION - LAW DANA M. MI~AKAOVIC ana NATHAN E. CUZA, Defendants NO. C4-35l9 CIVIL TERM VANESSA J. JVffiRCH, Ray ~ _ ~LARCH, IN TEE COURT OF COl1L'10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW , vI/ DANA M. MILAKAOVIC and NATH!',N E. CUZl\~, Defendants NO. C4-5899 CIVIL TERM ORDER OF COURT l\_ND NOfJ\/, this 24th day of February, 2005, upon considelation of Plaintiffs' Complaint :or C~stody with respect to Jasmine S. Cuza, and of Plaintiffs' Complaint for Custody wrth respect to Hunter G. CGza, and following a hearing held on this date, which has not yet been completed, the record shall remain ope:1 ane counsel are reqtlested to contacL the COGrt' s secretary for a date at which the hearing can be concluded. It is noted at the ti~e of adjournment on today1s date, counsel for Defendant Dana M. Milakovic was about to begin cross-examination of Plaintiffs' witness, Douglas Hamilton. II: is fGrthe2::" noted the t nc exhibits had been ident.i fied or ac,mi t ted. By the Cou::c-'L., " .' i /<'/L// . "k' . .-' ,/ ,I / ", / " J (A>~,.. / {)j/ Jt!Wesley O':l-'er' 'J_.', J. Y John J. Connelly, Jr., Esquire P.O. Box 650 Eershey, PA 17033 For the Pl~i~ti:fs Bradley Ii. Winnick, Esquire 130 West Church Street Ste. 100 Dillsburg, PA 17019 Fcr Defendant Milakovic Nathan E. Cuza, Defendant Pro Se 176 Duffy Street Watertown, New Yor~ 13601 pcb