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HomeMy WebLinkAbout09-1109?J i RICHARD S. FRIEDMAN, P.C. Richard S. Friedman, Esquire ID #07176 300 N. 2nd Street, Suite 402 Harrisburg, PA 17101 Tel.: (717) 234-344l/Fax: (717) 232-9946 E-mail: rsfl3C,live.com Attorney for Plaintiff SHANNON M. MANGES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09- l l aq O v I l term JASON L. MANGES, : CIVIL ACTION - LAW Defendant : CUSTODY/VISITATION ORDER OF COURT AND NOW, , upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on 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 the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT: BY: Custody Conciliator 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 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 or business before the court. You must 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, PA 17013 Telephone (717) 249-3166 DISTRIBUTION: Richard S. Friedman, Esq., 300 N. 2nd St., Suite 402, Harrisburg, PA 17101 - (717) 234-3441, e-mail: rsfl3 2,live.com Jason L. Manges, 218 E. Main St., Mechanicsburg, PA 17055 SHANNON M. MANGES, Plaintiff v. JASON L. MANGES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. C,"7 - //0 CIVIL ACTION - LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Shannon M. Manges, residing at 20 Circle Drive, Mechanicsburg, Cumberland County, PA 17055. 2. The Defendant is Jason L. Manges, residing at 218 E. Main St., Mechanicsburg, Cumberland County, PA 17055. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE Andrew M. Manges 20 Circle Drive Mechanicsburg, PA 17055 and 218 E. Main St. Mechanicsburg, PA 17055 Cohen D. Manges 20 Circle Drive Mechanicsburg, PA 17055 and 218 E. Main St. Mechanicsburg, PA 17055 The children were not born out of wedlock. AGE DOB 6 8/18/02 4 1/8/05 The children are presently in the custody of Mother, who resides at 20 Circle Drive, Mechanicsburg, PA 17055, and Father, who resides at 218 E. Main St., Mechanicsburg, PA 17055. During the past five (5) years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE DATE Shannon M. and Jason L. Manges 8 Trout Lane 8/18/02 until 2/24/07 Marysville, PA 17053 Shannon M. Manges 8 Trout Lane 2/24/07 - 12/5/08 Marysville, PA 17053 Jason L. Manges and Lillian Ginanni 218 E. Main St. 2/24/07 - present Mechanicsburg, PA 17055 Shannon M. Manges 20 Circle Drive 12/5/08 - present Mechanicsburg, PA 17055 The mother of the children is Plaintiff, Shannon M. Manges, currently residing at 20 Circle Drive, Mechanicsburg, PA 17055. She is married to Defendant. The father of the children is Defendant, Jason L. Manges, currently residing at 218 E. Main St., Mechanicsburg, PA 17055. He is married to Plaintiff. 4. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Andrew M. Manges Son Cohen D. Manges Son 5. The relationship of the Defendant to the children is that of Father. The Defendant currently resides with the following persons: NAME Lillian Ginanni Andrew M. Manges Cohen D. Manges RELATIONSHIP Paramour Son Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to 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 the present custody arrangement is not in the best interests of the children. The best interests of the children dictate that they have stability and have a place where they have a primary home, and it is particularly important because Father is a realtor, and, as such, his hours are irregular, both for listing and showing houses, and he works evenings and weekends, at which time the children are left with his paramour. Petitioner/Mother wishes to extend to Respondent/Father significant periods of visitation which will be flexible to accommodate his work schedule. Mother has been the primary care giver of the children since their births, due to Father's work schedule and it is in the best interests of the children that they spend their time with their Mother, rather than their Father's paramour, when he is working evenings and weekends. 8. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant her primary physical custody of the children. Date: Respectfully submitted, RICHARD S. FRIEDMAN, P.C. , f Richard S. Friedman, Esquire 300 N. 2nd Street, Suite 402 Harrisburg, PA 17101 (717) 234-3441 Attorney for Plaintiff VERIFICATION I, Shannon M. Manges, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Shannon M. Manges Dated: 2 ial ?? SHANNON M. MANGES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON L. MANGES DEFENDANT 2009-1109 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, February 27, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, March 26, 2009 at 12:00 PM 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 the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 or business before the court. You must 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 17013 Telephone (717) 249-3166 4 0 0 :c, `, "! Z._ HVI-I f.rjcz ,4o F. RICHARD S. FRIEDMAN, P.C. Richard S. Friedman, Esquire ID #07176 300 N. 2nd Street, Suite 402 Harrisburg, PA 17101 Tel.: (717) 234-3441/Fax: (717) 232-9946 E-mail: rsfl3klive.com Attorney for Plaintiff SHANNON M. MANGES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1109 Civil Action JASON L. MANGES, : CIVIL ACTION - LAW Defendant : CUSTODY/VISITATION PRAECIPE Kindly make the attached certified mail card part of the record indicating service of the Order of Court and Complaint for Custody upon the Defendant on March 20, 2009. Respectfully submitted, Date: A RICHARD S. FRIEDMAN, P.C. Rich d S. Friedman, Esquire 309'N. 2nd Street, Suite 402 Harrisburg, PA 17101 (717) 234-3441 ¦ C11rt1elpr7efle ale m 1, 2, and & Also oornpkte lwn 4 if Rutricted DWIvery la desired. • Nato yme trams and address on the reverse a iheR wn con mb" the cod to you. • card to the bark of the maHpiece, w orpie front 9 space perrrdts. 1. AefoloAddressed to. aA- 2. AftW NuT bbr P&;;;m 381 ' !fir9lii ' X` , 0 AqW B. by ( tAn* C. Dab of DMrary D. Is O*my address d w* from fferr l7 ? Yee If YES, enter ddvwy a1 6ess bdoW: 0 No 3. g 111 0 1M " IA =lpt fbr Ms dWmf>llw ? EE?d 0 amrned Msq 0 C.O.D. 4. Rsblric -1 DawverY? 0 mo 7006 0100 0005 1040 3485 rgvrrrw tAweyrt ? teaeso¢-?1a?a 'i ". ,,.?<i „.?? it ""-' _? ..r ?? ' ?;. , t'{ } . - ...-- y ?( ? ' C ? SHANNON M. MANGES Plaintiff vs. JASON L. MANGES Defendant PEAR c 7 2009 6- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1109 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 31 s day of IV% wr L"n 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Shannon M. Manges, and the Father, Jason C. Manges, shall have shared legal custody of Andrew M. Manges born August 18, 2002, and Cohen D. Manges, born January 8, 2005. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall participate in a course of therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co- parent their Children. All costs of the counseling which are not covered by insurance shall be shared equally between the parties by using the joint funds currently in escrow. 3. The parties shall continue to cooperate in considering options for an ongoing custodial schedule which will best meet the Children's needs. Until such time as the parties reach an agreement as to a custodial schedule, the parties shall continue to follow the existing schedule, previously implemented by agreement, under which the parties equally share custody. 1?:) r 4. Within four (4) months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary to assist the parties in establishing an ongoing custody schedule. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, this Order shall control. BY THE COURT, ?? -? ?11 cc: Richard S. Friedman, Esquire - Counsel for Mother 3 f 01 John Purcell, Jr., Esquire - Counsel for Father SHANNON M. MANGES Plaintiff VS. JASON L. MANGES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1109 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Andrew M. Manges August 18, 2002 Mother/Father Cohen D. Manges January 8, 2005 Mother/Father 2. A custody conciliation conference was held on March 26, 2009, with the following individuals in attendance: the Mother, Shannon M. Manges, with her counsel, Richard S. Freidman, Esquire, and the Father, Jason C. Manges, with his counsel, John Purcell, Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator