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HomeMy WebLinkAbout02-1194 In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Pennsylvania, CIVIL ACTION-FAMILY DIVISION. BRENDA L. VERNER Plaintiff VS. 3ENNICA M. HEAGY AND LEYTON L. MILAKOVIC, .]R. Defendants No. o.~. IN SUPPORT You have been sued in Court to obtain custody of. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and an Order for Custody may be entered against you. A .ludgment may also be entered against you for any other claim or relief requested in these papers by Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your. However, no hearing or conference shall be scheduled because of the Stipulation entered into by the parties and filed concurrently with this Complaint. 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 2 Liberty Avenue Clarlisle, PA 17013 Telephone (717) 249-3166 1-(800)-990-9108 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter my appearance for Plaintiff in the above-captioned case. REILLY, WOLFSON, SHEFFEY, SCHRUM~ [~I~NDB~RG LLP By: /~~ #28039 Attorney for Plaintiff 1601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 AMERZCANS WZTH DZSABZLZTI'ESACT OF '1990 The Court of Common Pleas of Lebanon County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing of business before the court. You must attend the scheduled conference or hearing. In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Pennsylvania, CIVIL ACTION-FAMILY DIVISION. BRENDA L. VERNER Plaintiff rS, 3ENNICA M. HEAGY AND LEYTON L. MILAKOVIC, Defendants No. ~2 -/~q~, IN SUPPORT COMPLAZNT FOR CUSTODY AND NOW, comes Plaintiff, BRENDA L. VERNER, by and through her counsel, Loren A. Schrum, Esquire and Reilly, Wolfson, Sheffey, Schrum and Lundberg and hereby files the following Complaint for Custody: :[. The Plaintiff BRENDA L. VERNER (hereinafter "Grandmother"), is an adult individual residing at 39 College Hill Road, Enola, PA. 2. The Defendant .1ENNICA M. HEAGY (hereinafter "Mother") is a sui juris individual, having been born March 2, 1984, residing at 39 College Hill Road, Enola, PA. 3. Defendant LEYTON L. MILAKOVIC, JR. (hereinafter "Father") is a sui juris individual residing at 28 Ross Avenue, New Cumberland, Cumberland County, PA. 3. Plaintiff seeks custody of the following child: LEYTON LEE MILAKOVIC, I~I, born February 10, 2002. 4. The child LEYTON LEE MILAKOVIC, III was born out of wedlock. 5. The child is presently in the custody of Plaintiff. 6. During the past five (5) years, the child has resided with the following persons at the following addresses: (a) With Plaintiff at 430 Meadow Drive, Camp Hill, PA 17011 from birth to March 4, 2002; (b) With Plaintiff at 39 College Hill Road, Enola, PA from March 4, 2002 to present. 7. The mother of the child is ~lennica M. Heagy, currently residing at 39 College Hill Road, Enola, PA. Mother is single. 8. The father of the child is Leyton L. Milakovic, .Ir., currently residing at 28 Ross Avenue, New Cumberland, Cumberland County, PA. Father is single. 9. The grandmother of the child is Brenda L. Verner, currently residing at 39 College Hill Road, Enola, PA. 10. The relationship of Plaintiff to the child is that of grandmother. Plaintiff currently resides with the Mother of the child and Plaintiffs husband. 11. The relationship of Defendant, .]ennica M. Heagy, to the child is that of Mother. Defendant,.]ennica M. Heagy, currently resides with Plaintiff and the minor child. 12. The relationship of Defendant, Leyton L. Milakovic, .Ir., to the child is that of Father. Father currently resides by himself. 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this court or another court. 14. Plaintiff has no information of a custody proceeding concerning the pending in a court of this Commonwealth. 15. Plaintiff does 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. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is better able to care for the health and welfare of the child. 17. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Brenda L. Verner, respectfully requests this Court to grant custody of the said minor child, Leyton Lee Milakovic, [[I, to Plaintiff. REILLY, WOLFSON, SHEFFEY, SCHRUM & LUN~)BERG LLP Lore~A. Schrum - [.D. #28039 Attorney for Plaintiff 1601 Cornwall Road Lebanon, PA 17042 (717) 273-3733 DATED: /'~-z/~.~C ~ ,2002 VERIFICATION I veri~ that the statements made in this Complaint are true and correct. I understand that I~alse statements herein are made subject to the penalties ol~ 18 Pa. C.S. Section 4904 relating to unsworn I~alsification to authorities. Brenda L. Verner, Plaintiff DATE: In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania FAMILY DIVISION BRENDA L. VERNER, Plaintiff, VS, 3ENNICA M. HEAGY, and LEYTON L. MILAKOVIC JR. Defendants ORDER OF COURT AND NOW to wit, this __ day of March, A.D., 2002, upon Stipulation of the parties, and upon Notion of counsel, it is hereby ORDERED and DECREED that the parties agree that Brenda L. Verner, Grandmother shall have legal and physical custody of the Minor Child, with Mother and Father to have such rights of partial custody as can be agreed upon among the parties. In the event that the parties are unable to agree, Father's periods of partial custody with the Minor Child shall be as follows: (a) On alternating weekends, beginning on Saturday at 9:00 a.m. and continuing until the following day at 7:30 p.m.; (b) Two weeknights each week from 5:00 p.m. until 8:00 p.m. Such evenings to be selected by Father with at least forty-eight (48) hours notice of each evening.; and (c) At least four (4) hours on the holidays of Christmas, Easter, Father's Day and the child's birthday. BY THE COURT: In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania FAMILY DIVISION BRENDA L. VERNER, Plaintiff, vs. JENNICA M. HEAGY, and LEYTON L. MILAKOVIC Defendants No. t40'rZON FOR ENTRY OF ORDER UPON STZPULATZON AND NOW, comes Brenda L. Verner, by and through her attorneys, Reilly, Wolfson, Sheffey, Schrum and Lundberg, and moves this Honorable Court to enter an Order upon the Stipulation for Custody entered into between the Plaintiff and Defendant, a copy of which is attached hereto and marked Exhibit "A". REII~LY, WOITFSON, SHEFFEY, ~~ ~ ~NDBERG LLP 160). Cornwall Road Lebanon, PA 17042 (717) 273-3733 In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania FAMILY DIVISION BRENDA L. VERNER, Plaintiff, VS. .1ENNICA M. HEAGY, and LEYTON L. MILAKOVIC Defendants NO. : : : : : _. : STZPULATZON FOR CUSTODY OF btZNOR CHZLD AND NOW come the parties, Brenda L. Verner, 3ennica M. Heagy and Leyton L. Milakovic and hereby stipulate and agree as follows: 1. Plaintiff Brenda L. Verner (hereinafter "Grandmother") is an adult individual residing at 39 College Hill Road, Enola, Pennsylvania. 2. Defendant .lennica M. Heagy ("Mother") is a minor, having been born on March 2, 1984 and is a resident of grandmother's household at the above address. 3. Defendant Leyton L. Milakovic (hereina~er"Father"), having been bom on February 19, 1984, is a sui juris individual residing at 28 Ross Avenue, New Cumberland, Cumberland County, Pennsylvania. 4. Defendants are the natural parents of Leyton Lee Milakovic, III, (hereinafter "Minor Child"), a minor child having been born February 10, 2002 at Holy Spirit Hospital in Cumberland County. 5. The parties desire to set forth their agreement with respect to custody of the minor child in writing. 6. The parties agree that Grandmother shall have legal and physical custody of the Minor Child, with Mother and Father to have such rights of partial custody as can be agreed upon among the parties. In the event that the parties are unable to agree, Father's periods of partial custody with the Minor Child shall be as follows: (a) On alternating weekends, beginning on Saturday at 9:00 a.m. and continuing until the following day at 7:30 p.m.; (b) Two weeknights each week from 5:00 p.m. until 8:00 p.m. Such evenings to be selected by Father with at least forty-eight (48) hours notice of each evening; and (c) At least four (4) hours on the holidays of Christmas, Easter, Father's Day and the child's birthday. 7. The parties agree that this Stipulation may be entered as an Order of Court and enforceable thereas. IN W:[TNESS WHEREOF, intending to be legally bound, the parties set their hands and seals this ,~ ~ day of · f~l~.. ~, 2002. Witness Witness Witness Witness Brenda L. Verner (Maternal Grandmother) Brenda L. Yerner, Natural Guardian of Jennica M. Heagy (Mother) m, .]~}~nica I~l.'He-agy (Mother) L~y~::~ L. Miiakovic ~ _~:. (Fat. he~) ! verify that ! have read and understood the attached document and that the statements made in the foregoing Stipulation for Custody of Minor Child are true and correct to the best of my knowledge, information and belief. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. .]e~nica M. Heagy Date: VER, Z FZCATZON ! verify that I have read and understood the attached document and that the statements made in the foregoing Stipulation for Custody of Minor Child are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. L~,,~n L. Milak~Vic / Date: ,~- 2/-/- OZ VERZI=ZCATZON ! verify that ! have read and understood the attached document and that the statements made in the foregoing Stipulation for Custody of Minor Child are true and correct to the best of my knowledge, information and belief. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Brenda L. Verner Date: In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania FAMILY DIVISION BRENDA L. VERNER, Plaintiff, VS. 3ENNICA M. HEAGY, and LEYTON L. MILAKOVIC Defendants ORDER OF COURT AND NOW to wit, this I~day of March, A.D., 2002, upon Stipulation of the parties, and upon Motion of counsel, it is hereby ORDERED and DECREED that the parties agree that Brenda L. Verner, Grandmother shall have legal and physical custody of the Minor Child, with Mother and Father to have such rights of partial custody as can be agreed upon among the parties. In the event that the parties are unable to agree, Father's periods of partial custody with the Minor Child shall be as follows: (a) On alternating weekends, beginning on Saturday at 9:00 a.m. and continuing until the following day at 7:30 p.m.; (b) Two weeknights each week from 5:00 p.m. until 8:00 p.m. Such evenings to be selected by Father with at least forty-eight (48) hours notice of each evening; and (c) At least four (4) hours on the holidays of Christmas, Easter, Father's Day and the child's birthday.