Loading...
HomeMy WebLinkAbout98-00794 ~ , 'l: t ~ ~ ,'. .., I ~ " ~ ~ \l-... ~ 'II: ~ <^\ / :'1 .;~ , : \ . ::.. I .' ,e t' ... ~ I ; ! ....... ! . - i .:;) ... I ~ ~ ~ ~ I 0... ~ ~ .. ".'111 Ur,llA t ..\1111 III NIIOe. V_ \,Il114 l"tl\l f",I, , nnlnl.III"'1V.lfllU,^", Itnl....l. 1111""1111 ~llIl AM THOMAS J. MANGAN, III Pllllnlln' IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 911- 7 'I" a.~ '71..... v. KRIEMIIILDE C. MANOAN, Dclell\lllnt IN CUSTODY ORDER OF COURT AND NOW, this Id_ tlllY of rt'"' \-.., , I 9911, upon eonsideration of the attaehed Complaint, iI is hcrchy dircctcd Ihllt thc Pllrtics IInd their respeetive counsel appear before \-\-h:~r\,} . b\ \1 ~'\~~)C,., thc concllilllor,lIt:fu.:g f"n.(Cf'-bN r k\-TI, (( mN-rmc\ (0,( ~tMe..\ onlhc~dllyol . LL\4 ,19l]gat-9',(J() Oi.m.foraPre.Heanng Custody Conlercncc. At such confercncc, IIn cllort will be made to resolve the issues in dispute; or il'this Cllnnot hc IIccoll1/llishcd, 10 dcfinc IInd nllrrow the issues to be heard by the Court, and to enter into II tCIl1/lornry ordcr. All chlldrcnllgc fivc or oldcr may also be present at the eonference. Failure to IIppcllr lit thc confercncc Il1I1Y providc grounds for entry of a temporary or permanent order. FOR THE COURT, Dy:J1iID~lX.JJ\;~)~ Custody Conciliator C\;r:) ) The Court ofConllllon PlclIs ol'Cull1bcrlllnd County is required by law to eomply with the Amcricans wilh Disllhililics ActoI' 1990. For inlilOllation about accessible facilities and reasonable aceoll1ll1odlllions IIvllilllhlc 10 disllhlcd individUllls having business before the court, please eontact our officc. Allllrrnngcll1cnts Illust hc Illlldc lit Icast 72 hours prior to any hearing or business before the court. You ll1ust 1I11cnd thc schcdulcd conlercnec or hcaring. YOU SIIOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT If A VE AN A'ITORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTlfBELOW TO FIND OUT WllERE YOU CAN GET LEGAL HELP. CUll1hcrlllnd County Bllr Association 2 Libcrty A vcnue ClIl'lislc, Pcnnsylvania 17013 Telcphonc (717) 249-3166 01: T BLE,Q-DFFICE ,', }.... ,...'rm"'''''O''''ny . '\.,\ 'hl1 98 FEB 13 PI1 3: SO CUI/c,';,", """ . 1/';,:: ,'.}'u GGt}'I"''' /'I:,IJNSI'L'0\{IJ!A J, I r d-/3.f'1 &y. ~'/U~~-zf4 ~ ~ '/3 -98' 7f~ /JfC~ ;;G ~. .~ '/3 '78"" (I~~,/ ~ '7V"~ p. TIIOMAS J. MAN(jAN, III Plnintll'l' v. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9R- 79'1 C4-iJ .~_ KIHEMIIILDE C. MANGAN, Dclcndnnl IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY I. Plaintitl' is Thomas J. Mangan, III, an adult individual currently residing at II Shcrnlon Drivc, Carlislc, Cumberland County, Pennsylvania. 2. Dclcndanl is Kricmhilde C. Mangan, an adult individual eurrently residing at 11 Shcraton Drlvc, Carlisle, Cumberland County, Pennsylvania. 3. Plaintifl'seeks eustody of the ehildren, Thomas 1. Mangan, IV, Katharina C. Mangan and Timothy C. Mangan, who were born on December 7,1986, June 8,1990, and September 13, 1993, rcspcctivcly. Thc children wcre not born out of wedlock. Since thc ehildren's births, the children have resided with the following persons at the lollowing addresses for the following periods of time: Thc ehildrcn have resided with both parties at the following places and dates: 116 Stockbridge Drive, Savannah, Georgia (December 1986 - January 1989) Bruchweg 45, Kalker-Kehrum, Germany (February 1989 - June 1992) Finkenweg 25, Hoppstadton-Weiersboch, Germany (June 1992 - July 1994) 1101 Tan1ey Road, Silver Spring, Maryland (July 1994 to July 1997) 11 Sheraton Drive, Cllrlisle, Pennsylvania (July 1997 to present) The natural mother of the ehildren is Defendant who resides as aforesaid. She is married and rcsiding as aforesaid. The natural father of the child is Plaintiff who resides as aforesaid. He is married and rcsiding as aforesaid. 4. Plaintiff eurrenlly resides with the lollowing: .tfuIm: Rclationship Kriemhilde C. Mangan Wife Thomas J. Mangan, IV Son Katharina C. Mangan Daughter Timothy C. Mangan Son 5. The Defendant eurrently resides with the following: .tfuIm: Relationship Thomas J. Mangan, III Husband Thomas J. Mangan, IV Son Katharina C. Mangan Daughter Timothy C. Mangan Son 6. The parties have not participated in previous litigation concerning the eustody of the ehild in this eourt or any court. The Plaintiff has no information of a custody proceeding concerning the ehildren pending in any other court. 7. The best interest and permanent welfare of the child will be served by granting eustody to Plaintiff because: He is best able to provide a stable, loving and nurturing environment for his ehildren. 8. Plaintiff does not know of any person not a party to these proceedings who elaims to have eustody or visitation rights with respeet to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a timc and plaee for a hearing at whieh Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. , I , I , ; , Date: February 9, 1998 MARTSON, DEARDORFF, WILLIAMS & OITO By Th!b'::2 :::.1-- Ten East High Street Carlisle, P A 17013 (7 I 7) 243-3341 Attorneys for Plaintiffs I\~ !, -I ~ , j r .. " " ,", , I . ~ .....: I I" ! .... THOMAS .I. MANGAN, III, Pluinliff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACI'ION - LA W : NO. <Jl!-794 CIVIL TEl{M ; ." i II KRIEMHILDE C. MANGAN, Dcfcndant : IN CUSTODY I'RAECII'E i .1 TO THE PROTHONOTARY: Plcasc cnter my IIppcarancc liS counscl of rccord for thc above-clIPtioucd Dcfcndant. ,. , Dlltcd: Februllry 13, 1998 Respectfully submillcd, !) II 11' / /1'''7/ I/~ I' , Jllme/; J. K~' yer, Esquirc , I Liberty La .' 4 E./Libcrty A vcnue Cllrlislc, I~.\\ 17013 (717) 243-7922 ') .1 , I , , , cc: Thomas Williams, Esquire ~. MAY 0 1 1998 tJ1 .... THOMAS J. MANGAN, I I I, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . KRIEMHILDE C. MANGAN, Defendant :NO: 98-794 CIVIL TERM : IN CUSTODY COURT ORDER AND NOW, this ~ day of . fv\~ , 1998, upon consideration of the attached Custody Conbiliation Report, it is ordered and directed as follows: 1. The Mother, Kriemhilde C. Mangan, and the Father, Thomas J. Mangan, III, shall enjoy shared legal and shared physical custody of the minor children, Thomas J. Mangan, IV, born December 7, 1986; Katharine C. Mangan, born June 8, 1990; and Timothy C. Mangan, born September 13, 1993. 2. Physical custody for the minor children shall be as the parties may agree from time to time. In the absence of any agreement, each parent shall have custody of the children on alternating weeks conunencing at 5:00 p.m. on Wednesday through 5 :00 p.m. on Wednesday of the following week. This alternating week schedule will conunence the last Wednesday in August and will continue through the second Wednesday in June of each year, the intentions of the parties being that it last for the balance of the school year. During the children's sununer vacation, and lasting generally from the second Wednesday of June until the last Wednesday in August, the alternating weekly schedule would continue but transfers would occur at 5:00 p.m. on Monday =ather than on Wednesday. 3. Each parent shall have a period of three consecutive weeks with the children each sununer with the parents to notify each other in writing no later than May 1 of each year as to their intention to utilize a block of time for vacations with the children during the sununer. 4. The parties shall alternate holidays with the children from year to year, the holidays to include Thanksgiving, Christmas, New Years, Easter and the 4th of July. Beginning in 1998, the children will spend Thanksgiving holiday with the Father starting Wednesday at 5:00 p.m. through Sunday at 5:00 p.m. following the holiday. Christmas will be with the Mother beginning at 5 :00 p.m. on December 23 and continuing to December 25 at 5:00 p.m. The Father will have custody on New " .. .... Years beginning at 5:00 p.m. on December 30 and continuing through 5:00 p.m. on January 1. The Mother will have custody on Easter commencing at 5:00 p.m. on the Thursday before the holiday and continuing until 5:00 p.m. on Sunday. The 4th of July will be with the Father commencing at 5:00 p.m. on July 3 and continuing until 5:00 p.m. on July 5. Thanksgiving holiday will commence with the Mother the dates and times as discussed above, alternating the holidays. Dates between the holidays will be in rotation as described above. 5. Birthdays will be divided as follows: a. Even-age birthdays (6th, 8th, lath, etc...J with the Father, commencing at 5:00 p.m. the day prior to the child's birthday and continuing until 5:00 p.m. the day of the child's birthday. b. Odd-age birthdays (5th, 7th, 9th, etc...J with the Mother, commencing at 5:00 p.m. the day prior to the child's birthday and continuing until 5:00 p.m. the day of the child's birthday. c. Birthday parties for the children's friends will normally occur on the weekend prior to or after the child's actual birthday when said birthday falls on a weekday. The custodial parent will bear the cost and burden of organizing the event, but the date will be agreed to by both parties in advance wi th an effort to share the responsibilities. d. Rotation days may be adjusted by mutual consent to compensate for out-of-rotation birthdays. 6. The custodial parent shall contact the non-custodial parent and offer that parent the first opportunity to provide day care for the children in the event the custodial parent is not available. This day care shall include transporting the children to sporting events and school events at the convenience of the custodial parent and does not count against the otherwise non-custodial parent's time with the children. There is no penalty or stigma attached to sharing in the raising of the children when a non-custodial parent assists the custodial parent at the custodial parent's convenience. 7. The parties agree that the Mother's rights of physical custody shall allow her to utilize military facilities on any United States military base pursuant to appropriate military regulations, with the unde.>:standing that the parties will execute all documentation required to allow Mother to exercise all appropriate such base privileges as custodian for the minor children. ;~ \. 8. This Order is entered pursuant to an agreement reached between the parties. This agreement may be modified at anytime in the future upon appropriate petition by the parties to a Court of competent jurisdiction. By agreement, the parties shall notify each other in writing within 30 days of any intention to file a petition to modify this Order in order to give the parties an opportunity to reach an amicable resolution of any dispute. J. cc: ./ , Thomas J. Williams, Esquire James J. Kayer, Esquire ,-,h-.....eu( C-..t..<-U !:r-!:f. 9 P'I":' _ ~, \. I '..j ..(. (, '(/!;}-, j,., ',~ ~.. '.()..,'.;., 0"/ .~ It~ .. (~I ,'I.)'" -{$ ~. . ........1." ., "'1'- . " '.' ~ ; ............" "'0' ..' ./. " ....,., ,>' .,..... ,t, .,~I'""\ ,)~.:" ". /.... '",'0',. --r..;. 'v ,,,oa~"-" ",~ ".. "r. ..J " ~(f (Y),,,,'):;. >{y< "'b ~. ;~ I' I r, ,- THOMAS J. MANGAN, III, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V . . :CIVIL ACTION - LAW KRIEMHILDE C. MANGAN, Defendant . . :NO: 98-794 CIVIL TERM : IN CUSTODY CONCILIATION CONFERENCE SUMMARy REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(bj, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Thomas J. Mangan, IV, Mangan, born June 8, September 13, 1993. 2. A Conciliation Conference was held on April 23, 1998, with the following individuals in attendance: born December 7, 1986; Katharine C. 1990; and Timothy C. Mangan, born The Father, Thomas J. Mangan, III, with his counsel, Thomas J. Williams, Esquire; and the Mother, Kriemhilde C. Mangan, I~ith her counsel, James J. Kayer, Esquire. 3. The parties agree to the entry of an Order in the form as attached. tt'JV/ t(f D 'E I tJ/U; Hubert X. Gilr , Esquire CUstody Conc' iator ~'"\....,.,' .... ..