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HomeMy WebLinkAbout00-00086 . ~ , DAVID A. MANGAM, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~OOG- f'l- C-w t:l ~ ~ BOGUMILA MANGAM, Defendant .--- .,.-' : CIV:p"c<ACTION : .IN"CUSTODY ORDER OF COURT / .~,.,. AND NOW,. ---1..1 \ ~ \ C> () of the attached complaint, and the'r respective c uns , upon consideration it ,j;-!:l hereby directed that the parties '"' I appear before ,.. ,"' on th 2000, at ~.m, 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 ~he 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 entr of a temporary or permanent order. FOR THE COURT, By: The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonabl 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TH OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 MEYERS, DES FOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236.9428 . FAX (717) 236-2817 , F!LED-or-BCE OF THF: Ff::OTHONOTARY 00 JJlN 19 MIll: 54 CUM8f;RLAND COUNTY PENNSYLVANIA )'N-CJ~ W _ ~ /h~ -z 4 ~ j'N-v,?> 7f~ /U~/ ti, ~ ~ I-N-ve ~ /ZA-~/ -d, ~ ~ -...----- -~ , , , ~ < DAVID A. MANGAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. :l- o-vv J?(. Cw-l ~ vs. BOGUMILA MANGAM, Defendant CIVIL ACTION IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is David A. Mangam, an adult individual residing temporarily at the Hampton Inn, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff is in the process of securing a home. 2. Defendant is Bogumila Mangam, an adult individual residing at 3818 Panay Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Address Date of B'r Caroline Angelica Mangam 5/18/82 3818 panay Drive Mechanicsbu~g, PA Victoria Olivia Mangam 3818 panay Drive Mechanicsburg, PA 5/8/88 The children were not born out of wedlock. The children are presently in the custody of Bogumila Mangam, who resides at 3818 panay Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2 MEYERS, DESFOR, SALTZGIVER &. BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236-9428 . FAX (717) 236-2817 During the past five years, the children have resided with the following persons and at the following addresses: Plaintiff and Defendant Addresses 3818 panay Drive Mechanicsburg, PA Dates Name 1993 to present The mother of the children is Bogumila Mangam, currently residing at 3818 panay Drive, Mechanicsburg, Cumberland County, Pennsylvania. She is married. The father of the children is David A. Mangam, currently residing at 3818 Panay Drive, Mechanicsburg, Cumberland County, Pennsylvania. He is married. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons: None. 5. The relationship of defendant to the children is that of Mother. The defendant currently resides with the following persons: Name Relationship Caroline A. Mangam Victoria O. MAngam daughter daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custod of the children in this or another court. 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 . FAX (717) 236-2817 Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims t have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Defendant has become more and more aggressive toward Plaintiff, particularly in front of the parties' children. For example, in December 1999, in an incident witnessed by the parties' youngest daughter, Defendant became enraged at Plaintiff, striking him in the face, gouging his skin until he bled profusely. Further, Defendant has attempted to alienate the parties' oldest daughter from Plaintiff. On one occasion, also in December 1999, while the child was being disciplined, the child lashed out at her father and began kicking and verbally attacking him. Defendant encouraged the chi.ld by yelling, "You go, girl," rather tha interrupting the argument. Plaintiff is the natural father of the children. Defendant is interfering with his parental/custodial rights to see the children. The children have indicated they wish to live with Plaintiff. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of 4 MEYERS, DESFOR, SALTZGIVER &: BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG. PA 17108 (717) 236.9428 . FAX (717) 236.2817 . the children have been named as parties to this action. WHEREFORE, Plaintiff David A. Mangam, respectfully requests this Honorable Court grant custody of the children. Respectfully submitted, MEYERS, DESFOR, SALTZGIVER & BOYLE By Catherine A. Attorney for Plaintif Attorney ID No. 76328 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 .. .... . . . .... . . ..... r-'fJ ""..,) ,.> .. ii.. .. ...i ... ...: ..:. .i ..... .... .... .. .:... .. .... ....i ....:.. .... .. .. ....... ...... \i .... .............. ........ ......i.. .... ... .. · .q\' '., '< ...... ... ....... "<.. " ,,',,\''''~ .\ .< . ,\1 '.' ,"'..', ','<it;' ....... ,< . .. ". I, ". ...>... ........ ..," ....... ,'.11, .....,........ ," '.' '," .............." .'..... ".i '. ......... " . .'. [ u." . . ." ....... . ....\1:, '..' ;,.,. ~ , .... '.,', i< . ". .....\, I ,', "" . ,;L;,\' '. ... < '.' ' . , . :"1'" ' ." 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MANGAM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 00-86 : BOGUMILA MANGAM, Defendant : : IN CUSTODY aIDER OF c:c.uIlT AND NCM, this 7th day of March, 2000, the Conciliator, being advised by ccunsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The cu~tody Conciliation COnference scheduled for March 9, 2000 is canceled. FOR THE COURT, D{J~~&r Custody COnciliator ALED-OFFICE OF THE PROTHONOTARY 00 MAR 15. i\H 10: 39 CUMBERI.AND CDlJNTY PENNSYlVANIA I,: ,; " il , I . . . .' '. DAVID A. MANGAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. No. 2000 - 86 : BOGUMILA MANGAM, . CIVIL ACTION - AT LAW - CUSTODY . Defendant . PREV ASSIGNED TO: J. OLER (PFA) . ./ AND NOW, this CONSENT ORDER 'L~ (.l day of J, J c-~ 2000, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of four pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of civil Procedure, Rule 1915.7. BY THE COURT: f %' ('Jo ~-n :x --; _ j:!<I T--n ;:0 f11r= .......... -.:J rT1 ~ ::oy go s;: G:!~ - ~rn '.? '-' 3. ,~, Distribution: Catherine A. Boyle, Esq. Matthew J. Eshelman, Esq. d- tlLfo a~ ~ nO,iii . -""-'-1 - ::':7-;~ -'c"-; ~"'r> tfJ (1).- ~ -<-"- d. 1<::0 'tt ~~n 'l'~ ,c,. ~-o .:J ~y 5>c: ::5 -< , . '. DAVID A. MANGAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . No~ '" 2000 - 86 . : BOGUMILA MANGAM, : CIVIL ACTION - AT LAW - CUSTODY Defendant . PREV ASSIGNED TO: J. OLER (PFA) . STIPULATION WHEREAS, the parties have born to them two children, namely Caroline A. Mangam, born May 18, 1982, and victoria O. Mangam, born ~~ 8, 1988, the Children here~nafter; and WHEREAS, the parties wish to enter into an agreement relative to custody of the Children; and WHEREAS, the Children have resided in Cumberland County, Pennsylvania for the past six months, thus giving this Court jurisdiction; THEREFORE, this day of March 2000, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to b_e legally bound, the parties agree as follows: 1. The parties shall share legal custody of the Children. 2. The Mother, Bogumila Mangam, shall have primary physical custody of the Children, subject to periods of partial physical custody in Father as follows: . . '.. ..... a. Beginning January 14, 2000, Father shall have periods of partial physical of victoria every other weekend, from Friday after school until Sunday evening at 8:45 p.m.; b. Beginning January 12, 2000, Father shall have custody of victoria from after school until 8:45 p.m. and every other Wednesday thereafter; c. Beginning January 19, 2000, Father shall have custody of Victoria from 6:00 p.m. until Thursday morning when the child begins school and every other Wednesday thereafter. 3. The parties have agreed to a holiday schedule as follows: a. Easter shall be spent with Mother every year; b. Thanksgiving shall be spent with Father every year; c. The parties have agreed to alternate the following major holiday~: victoFia's birthday, Memorial Day, Fourth of July, Labor Day, and New Years Day. This alternating holiday schedule will occur such that Mother shall have Memorial Day 2000 (giving Father Victoria's birthday in 2000) and alternating between the parties with each holiday in succession thereafter. d. Christmas holidays shall be shared in two segments: Segment A shall occur from after school, when victoria is desmissed for Christmas break, until 2:00 p.m. Christmas Day. Segment B shall occur from 2:00 p.m. on Christmas Day until 6:00 p.m. December 27th. Father shall have Segment A in 2000 and all even numbered years thereafter; and Segment B in 2001 and all odd numbered years thereafter. Mother shall have '. . , " Segment B in 2000 "an.d all ~ven numbered years thereafter; and Segment A jn 2001 and all'odd numbered years thereafter. e. Each year, Mother's Day shall be spent with Mother, and Father's Day shall be spent with Father. f. The parties acknowledge that Victoria shall have other days off from school not specifically mentioned in the agreement. '-The parties agree to alternate these days off between them as holidays. The alternating schedule for days off shall be distinct and independent of the alternating schedule for major holidays. Mother shall provide a copy of the children's school schedule to Father as soon as possible. g. The time for the holiday custody periods shall be from 9:00 a.m. until 8:30 p.m. In the event that a weekend adjoining a holiday and the holiday itself are both scheduled for a given parent, the two periods shall merge into a single custodial peiod. 4. Each partysh~ll have three uninterrupted weeks through the ,summer vacation, which weeks shall not be exercised consecutively. Notice of when the party intends to exercise his or her summer custody schedule shall be provided to the other party no later than thirty days ahead of time. 5. Holiday schedules shall supersede both the regular custodial schedule and the summer vacation schedules. Vacations shall supersede the regular custodial schedule upon notice as provided above. ...~= '- . ' " 6. This Stipulation shall superseae paragraphs 7, 8, and 9 (1) - (8) of the prior court orders dated January 7, 2000, and docketed at 99-7746 Civil Term (PFA) and 2000-81 Civil Term (PFA), or' any other prior order of court with specific respect to the custody, partial custody, and/or visitation of the Children. 7. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. WITNESS :~II/~A' :lbt-~/~ WITNES