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Home My WebLink About05-1717 LEYTON L. MILAKOVIC, JR., Plaintiff .. .. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY ,PENNSYLVANIA .. .. vs. .. NO. 05 - ('1/7 CI'u~L~~ .. .. KATHERINE A. RUDY, KIM A. .. CMLACTION -LAW SZCZVPTA and BRUCE SZCZYPTA, .. IN CUSTODY Defendants .. COMPLAINT FOR CUSTODY AND COMES NOW, LEYTON L. MILAKOVIC, JR., by and through his attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. The Plaintiffis Leyton L Milakovic, Jr., who currently resides at 141 East Columbia Road, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendants are Katherine A. Rudy, who currently resides at 653 Lewisberry Road, New Cumberland, Pennsylvania 17070, and Kim and Bruce Szczypta, who currently reside at 205 Dearhurst Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks partial physical custody and/or visitation of the following child: Kali 1. Milakovic, born on December 8, 1999. The child was born out of wedlock. The child is believed to be in the physical custody of Defendant Rudy. During the past five years, the child has resided with the following persons and at the following addresses: A. From birth until a time unknown to Plaintiff, the child resided at 205 Dearhurst Avenue, Camp Hill, Pennsylvania, with Defendants Kim and Bruce Szczypta. B. At some point unknown to Plaintiff, the child began residing with Defendant and Rudy and her husband, Eric Rudy. The child currently resides with Defendant Rudy and her husband at 653 Lewisberry Road, New Cumberland, Pennsylvania. The mother of the child is Katherine A Rudy, currently residing at 653 Lewisberry Road, New Cumberland, Pennsylvania. The father of the child is Leyton L. Milakovic, Jr., currently residing at 141 East Columbia Road, Enola, Pennsylvania., 4_ The relationship of Plaintiff to the child is that of natural father. Plaintiff currently resides with his fiancee, Melissa Forney, their daughter, Emeraldmay Milakovic, his sister, Dana Milakovic, and her daughter, Jasmine Cuza. 5. The relationship of Defendant Rudy to the child is that of natural mother, Defendant Rudy currently resides with her husband, Eric Rudy. It is also believed that Defendant Rudy resides with the child, Kali J. Milakovic. 6, The relationship of Defendants Kim and Bruce Szczypta to the child is that of maternal grandparents. 7. Plaintiff has participated as a party in other litigation concerning the custody of the child in this court. On January 8,2000, This Court entered an Order adopting a Temporary Custody Agreement executed by all parties. Said Order and Temporary Agreement were captioned to In Re: KJ.M., No_ 2000-123 Civil Term. (Attached hereto as Exhibit "A"). Plaintiffhas no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who 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 Plaintiff partial physical custody and/or visitation. 9. Each parent whose parental rights to the child have not been tenninated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests This Honorable Court to award him partial physical custody and/or visitation with the minor child. Respectfully submitted, Wll.,EY, LENOX, COLGAN & MARZZACCO By: . Winnick, Esquire ID# 13 130 W. Church Street Dillsburg, P A 17019 (717) 432-9666 Dated: -J la , / tJ,5'" VERIFICA nON I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904 relating to unsworn falsification to authorities. Date: ~ la, /0/ ~)1tiIJ LE. N L. MIL OVIC, JR. Plaintiff EXHIBIT "A" I - JAN '" 7 2000\ \jJ IN RE: K.J_M. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ss: ;l.IT()V" 1:2 _?> C4~ /;.b--" CIVIL ACTION - LAW ORDER ~ ~ AND NOW, this ~ day of Agreement is hereby made into an Order of ourt. , ~he attached Temporary Custody ~~ I-IO-~O ~K53 J. " ~I ' !;. K.J.M. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. gs_ c2 rnw. /23 G:z.! r L- IN RE: CIVIL ACTION - LAW TEMPORARY CUSTODY AGREEMENT 1. MOTHER is Katherine A. Eberts, who currently resides at 205 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania. 2. FATHER is Ley ton L. Milakovic, Jr., who currently resides at 700 Nailor Drive, Apt. 106, Camp Hill, Cumberland County, Pennsylvania. 3. MATERNAL GRANDPARENTS are Kim A. Szczypta and Bruce Szczypta, who currently reside with MOTHER at 205 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania. 4. MOTHER and FATHER are the natural parents of a minor daughter, KALI J. MILAKOVIC, born December 8,1999. 5. MOTHER is sixteen (16) years old. Her date of birth is May 20, 1983. 6. FATHER is fifteen (15) years old. His date of birth is February 19,1984. \ 7. MOTHER and FATHER acknowledge that at this point in time they a~le to appropriately care for their daughter and therefore agree that MATERNAL GRANDPARENTS shall have primary physical and legal custody of the minor child. 8. For purposes of this Agreement, legal custody shall be defined as the right to make major decisions including, but not limited to, medical, educational, religious, and extracurricular decisions on the child's behalf. II ' . 9. MOTHER and FATHER shall have partial physical custody of the minor child, with the specific times to be agreed upon by all parties to this Agreement. 10. It is anticipated that at some point in the future, MOTHER and FATHER shall have primary custody of their daughter. 11. It is anticipated that both MOTHER and FATHER will be actively involved in their daughter's life, however at this point in time, all parties agree that it is in the child's best interest to be in the primary legal and physical custody of MATERNAL GRANDPARENTS. 12. When MOTHER and FATHER agree that they are ready to care for their daughter on a primary and full time basis, they shall notify MATERNAL GRANDPARENTS and all parties shall attempt to negotiate a mutually acceptable arrangement. 13. The parties intend that this Agreement shall be made into an Order of Court. I /'-lIOO . Date ~h~)1\. CJ~hXP Katherine A. Eberts 1/4/00 Date j /~ 1/, (]CJ Date :f~Jlt" I. .f1~P:.\}J."}1( n/[. (; Le00n L. Milakovic, 1. / c* /l~*_ Kim A. Szczypta ~~$ ~. ~_.._.. Bruce SzczYPta~ ~ / / t;, 0 ate :129623 P --GO.. -- ~ ~ - - - ~ 6 \"- )j )0 -cJ .c:: r r 6 12 J::' ~ ~ (:~;> <.f' --t :r:-n nll~~. ~ 1;3 ,.'-\ ;~ ~1'~ L) ~:{ ;!fi Cl ::< -J :r. )::;. 7'; C..:> 8 - - LEYTON L. MILAKOVIC, JR., Plaintiff vs. * IN THE COURT OF OMMON PLEAS * CUMBERLAND CO ,PENNSYLVANIA * * * NO. 05-1717 * * * CIVIL ACTION - LA * IN CUSTODY * KATHERINE A. RUDY, KIM A. SZCZYPTA and BRUCE SZCZYPTA, Defendants AFFIDAVIT OF SERVICE I, Sherie A. Minich, being duly sworn, deposes and says that she is an adult and that she served a copy of a Corn plaint for Custody and Order of Court upon D fendants Szczypta, at the Defendants' last known address as follows: Kim A. Szczypta and B uce Szczypta, 205 Dearhurst Avenue, Camp Hill, PA 17011, by certified mail, return receipt r quested, restricted delivery, on March 31. 2005, and the same was received by them on April 1 ,2005. The Certified Mail Receipt and PS Form 38111 are attached hereto, marked xhibit "A" and made a part hereof by reference thereto. Date: April 4, 2005 WILEY, LENO ,COLGAN & MARZZACC ,P.C. By: COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF YORK On this, the 4th day of April, 2005, before me, a notary public, pers nally appeared Sherie A. Minich known to me or satisfactorily proven to be the whose n me is subscribed to the within Affidavit and acknowledged that she executed the same for the urposes therein contained. NOTARY BLlC My Commission Expi es: Notarial Seal . . S. Dawn Gladfelter, Notary Pub!' DI"s~ur9 Bore, York Coun Ie My ComlTllsslOn Expires May 1 r. 2005 Member, pennsytvaniaAssOCiationofNotaries . - ... fTl Cl Cl Retum Reclept Fee o (Endorsernenl RequIred) CJ Restricted Dalivery Fee Lr1 (Endorwnem Required) f'- Cl Postage :::;' C:J> (~o$tmark ,,-.! Here ''\ \ \1)1 0-. I. (J)) J/ / ,/ r'I fTl IT" <0 r'I U1 fTl ..LI Ct,rtitlad Fee >..) Total postaqe & Fees $ ;r ~ :l!/lkir-. .1}.f..(e.nSuLy/lfi.m-;,...mn m O:.P().'!':.x."':....~.-;;:..nfJ.ear.llg(5f..A(~.....~~... ... City, ,ZIP+< II I 0 I ;~1' ::? . Complete items 1. 2, and 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this c8!d to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: Kt 171 q.. bru.t:..e 5 ~pfa.. :J. O'j'" 0 ea.du/..rx f- ,4v'U/ Q.e,.. C9.mp ;.1/11, Iii nOl { 3. So~. T_ ~rtifiedMall o Registered D Insured Mall n ~ress M lD1fetum R o C.O.D. I , Ipt for Merc;handlse 4. Restricted Delivery? (Extra Fee) 0 Yes 2. ArtIcle Number (Transfer from servJce label) PS Form 3811, February 2004 7004 0750 0003 6351 8931 Domestic Return Receipt , 0259!HJ2-~.1540 ~ EXHIBIT "A" t"~) () (': C..;. ,0:;. -n <1' :t-u -oW ?-O ~~ f\1-- -;;0 \-n I ;!J~J 0.-c Ul () (-} ~O ..-\:':;;., ~') is :,:.,;-. ~ - (,A) --' LEYTON L. MILAKOVIC, JR. PLAINTIFF IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY, PENNsYL VANIA V. 05-1717 CIVIL ACTION LAW KATHERINE A. RUDY, KIM A. SZCZYPTA AND BRUCE SZCZYPTA DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 06, 2005 , upon consideration of the attached Complaint, it is hercby directed that parties and their respective counsel appear before Dawn S. Snnd y, Esq. , the conciliator. at 39 West Main Street, Mechanicsburg, P A 17055 on Tuesday, May 10, 2 05 at 12:30 PM -- for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resol e the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, an to enter into a temporary order. All children age live or older may also be present at the conference. Failure to appe r at the conference may provide grounds for entry of a tcmporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection om Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to schedul d hearine. FOR THE COURT, By: _i'I... Dawn S. Sll.1'-'!a.XJJC{~q,-_ _~_ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to cOl1ply with the Amcricans with Disabilites Act of 1990. For information about accessible facilities and reasonab] accommodations availab]e to disabled individuals having business before the court, please contact our 0 'fice. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You nust attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170] 3 Telephone (717) 249-3166 ~~)~ ~ 'W~ ~ Jt7~1h '* :7 /"/~ ~-< y,7"'7 /1 ~~~? ;Z ~~ h~7 JC7/[l 501' /1 "'."',,,, . dlJ L I :f; lid 9- VdV SOOl AbVIOfKjH.LOCid 3Hl :10 :1'J'd:l0-Q31IJ ~'" ... ~ LEYTON L. MILAKOVIC, JR., * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNfY,PENNSYLV ANIA * * vs. * NO. 05-1717 Civil Term * * KATHERINE A. RUDY, KIM A. * CIVIL ACTION - LAW SZCZYPTAand BRUCE SZCZYPTA, * IN CUSTODY Defendants * AFFIDAVIT OF SERVICE I, Sherie A. Minich, being duly sworn, deposes and says that she is an adult and that she served a Complaint for Custody upon Defendant, Katherine A. Rudy, at the Defendant's last known address as follows: Katherine A. Rudy, 653 Lewisberry Road, New Cumberland, PA 17070, by certified mail, return receipt requested, restricted delivery, on March 31,2005, and the same was received by her on April 8, 2005. The Certified Mail Receipt and PS Form 38111 are attached hereto. marked Exhibit "A" and made a part hereof by reference thereto. Date: April 11 , 2005 WILEY, LENOX, COLGAN & MARZZACCO, P.C. By: /j{A j f d. -)~'0M(A ) . herie A. Minich COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF YORK On this, the 11th day of April, 2005, before me, a notary public, personally appeared Sherie A. Minich known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. . ~ 1Jf1J1fj, Jhfu1i:D NOTARY P LIC My Commission Expi es: Notarial Seal S. Dawn Gladfelter """"""' p M DlIIsburg Boro YD;;;CJu~bhC Y CommiSSion Explres May 11, 2005 MemlJer Pen~fu' . , '""y,vanl,jASSOClat1or;DfNDtanes ~ . fT1 o o .",m .e,'ept Fee o (Endorsement Required) o ~estricted Delivery Fee U1 (Endorsement Required) ('- o Poslage .:r ru U- .0 ,., U1 fT1 ..n Certified Fee ....ma<i< ^;r~ere Cr.: -<<:, """,'~:- Total Postage & fees $ ~ . n'~: !(Q!:J1.-enf1.e..lL.....I1.U..ci.vm.ZF.. ...n.l ,n "Si"""ip)-l",.: I I '" 12 T /(r d ~;.::;~i>+.wE3--b.l..wJ~S. '~::;'1ff1"r:r;; .... . Complete nems 1, 2, W\d 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you, . Attach this card to the back of the mal/piece, or on the trDnt if space permits. 1. Article Add,.sed to: Ka+heofle 11. Rudv, (Pf)3 Lwsw1f KcxuL tV ew Gur, bel land I !k 1/070 3.~rv~ Type ~rtifled Ma" t;l ~ress Mall o Registered m11eturn Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted DeUvery1 (Extra Fee) 0 Yes 2. ArtlcI"e Number (rransfer trom service label) PS Form 3811. Februa1y 2004 7004 0750 0003 6351 8924 DomeatlC Return _pi 102595-02-M-1540 EXHIBIT "A" r , -ui rr1, ~. ZC (f). -<. <c ?Z< $~ : ._~;) ,::::) c''::',::) ('Jj !;:~ '" C ~l -".: Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie W. No. 75906 301 Market Street P.O.Box109 lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Defendants Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. lEYTON L. MilAKOVIC, JR., v. KATHERINE A. RUDY, KIM A. SZCZYPT A and BRUCE SZCZYPT A, CIVil ACTION - lAW IN CUSTODY Defendants PETITION TO TRANSFER PURSUANT TO PA.R.C.P. 1915.2(d) AND NOW, this 2 ~ day of April, 2005, comes Defendants, Katherine A. Rudy, Kim A. ISzczypta and Bruce Szczypta, by and throu9h their undersigned attorneys, Johnson, Duffie, , IStewart & Weidner, and files this Petition to Transfer Venue pursuant to Pa.R.C.P. 1915.2(d) , land in support thereof avers as follows: ! , 1. Defendant, Katherine A. Rudy, is an adult individual residing at 653 Lewisberry ! IRoad, New Cumberland, York County, Pennsylvania 17070. 2. Kim A. Szczypta and Bruce Szczypta, husband and wife, are adult individuals \Nho currently reside at 205 Deanhurst Avenue, Camp Hill, Cumberland County, Pennsylvania I ~7011. . 3. The Defendant, Katherine A. Rudy, is the natural mother of a minor child: Kali J. Milakovic, born on December 8, 1999. 4. On or about March 29, 2005, the Plaintiff, Leyton L. Milakovic, Jr., filed a Complaint for Custody in the above-captioned matter. 5. The Defendant, Katherine A. Rudy, and her daughter, Kali J. Milakovic, have not resided in Cumberland County since September of 2002. 6. The Defendant, Katherine A. Rudy, and her daughter, Kali J. Milakovic, have , , ! resided in York County for a period of thirty-two (32) months. 7. The child's home county, as defined in Pa.R.C.P. 1915.2 is York County. 8. It would be in the best interest of the minor child, Kali J. Milakovic, that the court iin York County handle the matter as there is a Petition for Adoption and a Petition for I !Involuntary Termination of Parental Rights is pending in York County, Pennsylvania. I i , i '. 9. The child has had no contact with Cumberland County and the Plaintiff has had , ~o contact with the minor child for a period of five (5) years. PETITION TO TRANSFER VENUE PURSUANT TO 1915.2(dl 10. Paragraphs 1 through 9 are incorporated herein as if set forth fully. WHEREFORE, Defendants, Katherine A. Rudy, Kim A. Szczypta and Bruce Szczypta, respectfully requests this Honorable Court to transfer venue of the above-captioned matter and Plaintiff's Complaint to York County, the home county of the minor child. JOHNSON, DUFFIE, STEWART NER By: :248386 CERTIFICA TE OF SERVICE AND NOW, this ~ day of May, 2005, the undersigned does hereby certify that he did this date serve a copy of the foregoing Petition to Transfer Venue upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Bradley A. Winnick, Esquire The Wiley Group 130 W. Church Street Suite 100 Dillsburg, PA 17019 NER By: ,;.. ~ (J c-~ :) ,....,) (:;;;, , c." __1.: -, -,- \<l~ r- "'l>~ I ~) (') (~, .~,~ . ; Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie 1.0 No 75906 301 Market Street P.O Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 0')-1717 CIVIL ACTION - LAW IN CUSTODY LEYTON L. MILAKOVIC, JR., v. KATHERINE A. RUDY, KIM A. SZCZYPTA and BRUCE SZCZYPTA, Defendants PRAECIPE TO ENTER APPEARANCE AND NOW, this L day of May, 2005, enter the appearance of MARK C. DUFFIE, I.D. 75906, on behalf of the Defendants, Katherine A. Rudy, Kim A. Szczypta, and Bruce Szczypta in the above-captioned suit. By: :248384 - > . CERTlFICA TE OF SERVICE AND NOW, this;-;r<i day of May, 2005, the undersigned does hereby certify that he did Ihis date serve a copy of the foregoing PRAECIPE TO ENTER APPEARANCE upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows; Bradley A. Winnick, Esquire The Wiley Group 130 W. Church Street Suite 100 Dillsburg, PA 17019 JOHNSON, DUFFIE, STEWAR lONER By: (-, (-:, ,..., ~~ c.n \.,0 -, (..'1 Co RECEIVED MAY 11 ZOO~ Johnson, Duffie, Stewart & Weidner By; Mark C. Duffie I D. No. 75906 301 Market Street !) O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. lEYTON l. MilAKOVIC, JR., v. NO. DS-Ot7 CIVil ACTION - lAW IN CUSTODY KATHERINE A. RUDY, KIM A. SZCZYPTA and BRUCE SZCZYPTA, Defendants RULE TO SHOW CAUSE AND NOW, this 12....- day of v'k\OA1 , , 2005, the Plaintiff herein is directed to show cause why the Petition to Transfer Venue, pursuant to 1915.2(d), should not be granted. Rule returnable in I':;~ days----c~~:- srfi L/'C..k. - :250031 J. ('0 C"-' ~ ' . ~, ~:: u"::> C:J = ,-' L1- /--, '.--' RfCEIVEO AlI6 23. ~ ( LEYTON 1. MILAKOVIC, JR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1717 CNIL ACTION LAW KATHERINE A. RUDY, KIM A. SZCZYPTA AND BRUCE SZCZYPTA Defendant IN CUSTODY ORDER AND NOW, this 19th day of AUl!ust. 2005 , the conciliator, being advised by counsel that this matter has been transferred to York County, hereby relinquishes jurisdiction. FOR THE COURT, Daa~~ Custody Conciliator V:f--;""//\lASf"'JJ <:~~~d , ",IIl,'...'.',....,', ,~,-,,,,(],.., A.1.I'J,., :',"-::/'"..; 98 :8 14d SZ :JfW SGOZ A!:fv'lCr<o;.u'OJd 3Hl :10 38!:l;lo-a311:J