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HomeMy WebLinkAbout00-03446 . ,'.j- .',. ~" _, ,.... ,-";,.";,_" .,,,k " ~~ ,,' ','., wI< . " .~, CHARLES J. ILARIA, III, Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONNIE M. BARCLAY, Respondent NO. 00-3446 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of June, 2000, this matter having come before the court today on a petition for special relief, pending a conciliation conference, until further order of court, Ashley M. Ilaria, born September 17, 1994, and Miranda May Ilaria, born June 4, 1997, shall be with their father from each Wednesday at 9:00 a.m. until each Saturday at 9:00 a.m. During the rest of the week, they shall be with their mother. By the J. Edgar Sheriff ~/~ jp- <J .00 1?K5 Karl E. Rominger, Esquire For Petitioner Maryann Murphy, Esquire For Respondent prs It I;,:J_~~ ,,-~ -~ FILED-OffiCE C- T' "" ~r",,'n ,r;l"nT"RY ;r .;'X' :","_!.'if.'\~<l'<\..}\i'\ 00 JUH -8 I\li 10: 20 CUM8EiiU'ND COUNTY PENNSYLVANIA ",_r>'!"": ..~ - .rQU~, ,""p ~, ,~~~~, filTl'l~_. '.~~~ f"'i'J.Il ~ '.."""'" ~ "T' " -~,;,~,,;-=';" , " ~- ~"' -"" '"",-~,,, j'-' '__'"_,c,,,,' '_' ~," -.'[ ".. &_ "'., ,,_, <.., -,~,-',,;;'" ""l~;-i ,. CHARLES J. ILARIA, III Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION CONNIE M. BARCLAY Defendant : NO. 00-3446 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that on June 7, 2000, at approximately 8:40 'clock a.m. I personally served a copy of Plaintiff's Complaint for Custody and Order of Court, on the Defendant by personally handing same to her at the Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. ?~.' Karl E. Rominger, Esquire Attorney for Plaintiff Date: June 7, 2000 . -' J \' CHARLES J. ILARIA, III, PETITIONER V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE M. BARCLAY, RESPONDENT AND NOW, this 00-3446 CIVIL TERM ORDER OF COURT b I.\.-- day of June, 2000, upon consideration of the within petition for emergency relief, IT IS ORDERED that a hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 8:45 a.m., Thursday, June 8, 2000. Connie M. Barclay shall bring Ashley M. lIaria, born September 17,1994 and Miranda May lIaria, born June 4,1997, to this hearing. ?:~"rt, Karl E. Rominger, Esquire - l,/t,jM ~ (lj;.M~ For Petitioner r~ --- :saa ~~zt~~ , .-~. ~, ;1 i~! ~1 il r~ " ,_~ "._, _c, ... , ~\\J[)-'li:fI(-E ('C ,.'; ;Cr,~;;t:,'::i,,~""!W J' d',;,: ;.;"'..~:I",',,.'1\~'d\l\r'1 GO J\n1-6 Pl"l k: \ B C\JMI3ERi.i\NO COUNT\' PENNSYLVANIA - rn " ,~,~- ,,",," ~ , .~ 'li!i'!~, , " " - ~~~~ '" I ~cl'~~~ , ~--,", ,',e ,-,,,:\ " ~ -. ~ 111 ", :;;, CHARLES J. ILARIA, III Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. OV- 3'fl.f(p CONNIE M. BARCLAY Respondent : CIVlL ACTION - LAW : CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner Charles J. Haria, Ill, by and through his attorney, Karl E. Rominger, Esquire, and avers the following in support of this Petition for Emergency Relief: 1. The Petitioner, Charles J. Haria, III, is an adult individual who currently resides at 1075 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent, Connie M. Barclay, is an adult individual who currently resides at no fixed address. 3. There are two dependent children of the parties, namely Ashley M. Haria, DOB September 17,1994, and Miranda May Haria, DOB June 4,1997. 4. Petitioner seeks primary of the following children: Name Present Residence Al!e Ashley M. Haria Miranda May Haria Unknown Unknown 5 Y, yrs 3 years The children were born out of wedlock The children are presently in the custody of unknown persons at an unknown location. Since birth, the children have resided with the following persons and at the following address: ~. ,_ "",,- '.-.-Jh '" ~ ~ ' , '".-., '- Name Address Dates Unknown persons Uukuown 6/2/00 - Charles J. Haria ill Appalachian Motor Inn 5/23/00 - 6/2/00 Connie Barclay/Jim Eichelberger North Middleton Road On and off Sharon ClarkIBill Clark Meals Mobile Home Trailer Park On and off Unknown Various Various The mother ofthe children is Respondent, Connie M. Barclay, currently residing at no fixed address but is currently in the Cumberland County Prison with release date of June 7, 2000.. The father of the children is Petitioner, Charles J. Haria, ill, currently residing at 1075 Harrisburg Pike, Carlisle, P A 17013 5. The relationship of the Petitioner to the children is that of natural father. The Petitioner currently resides with the following persons: Alone. The relationship of the Respondent to the children is that of natural mother. To Petitioner's knowledge, Mother currently resides has no fixed address and drifts from location to location but is currently serving time in the Cumberland County Prison with a release date of June 7, 2000. 6. There is not currently a Court Order for custody to the Petitioner's knowledge. The Petitioner has never participated in any such action. 7. Petitioner does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 8. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Petitioner is the natural father of the children; p ~~, C"_ -_~ -_,,"~,' '~'O' ~-~ ~-i-hC.__ ~ !'~, b. Petitioner has established a rellitionship with the children; c. Petitioner has regular, full time employment and a fixed address with residence in which to keep the children. d. Respondent has no fixed address and no home or apartment in which to keep the children. Further, it is believed and averred that Respondent's drifting between residences unknown creates an environment which would be detrimental to the children. e. Petitioner desires to continue exercising parental duties and enjoys the love and affection of the children; f. The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural father. g. The children would benefit from custody being invested fully in their natural father with supervised visitation in the mother. 9. 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 as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. PETITION FOR EMERGENCY RELIEF - REOUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY 10. Paragraphs one (1) through (9) are hereby incorporated be reference as though fully set forth. 11. Petitioner believes the children will suffer needless irreparable harm and may be in danger if custody is not immediately temporarily transferred to him for the following reasons: ,"; ''',,-~,.'~ """"-"'~"~T_' '_",<~"", ,,' "_,,,,,,,,._, ':'_"', a. Respondent, mother, left the children with a friend and disappeared. b. Respondent has again taken the children, placed them in custody of unknown persons, and is currently incarcerated in the Cumberland County Prison, with a release date of June 7, 2000. c. Respondent has left the children in the custody of others regularly and disappeared d. Petitioner is able to provide a stable, consistent home for the children. e. Ashley M. Haria begins school this coming year and should be permitted to attend school regularly and in the same location rather than being moved continuously. f. Petitioner is able to provide regular medical care, including but not limited to necessary inoculations, medical checkups, dental and eye care as needed WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting him primary physical custody of his children pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted b 6 -06 Dated: ~~ Karl E. Rominger, Esquire Attorney for Defendant 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID No. 81924 --. , ,-""t_ _"'~;~;'_'_ '-",:q.~,-,_ \, ~" ". ,_- " VERIFICATION I, Charles J. lIaria, III, Petitioner, hereby verify that the statements made in the foregoing Petition 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 unsworn falsification to authorities. Date: ((;-0 -00 .. ~ ", ,L ..., .ii" .. ... ..' ~ CHARLES J. lLARIA, III, Petitioner . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND CCUNTY, PENNSYLVANIA : : vs. . . NO. 00-3446 CIVIL TERM CIVIL ACTION - LAW : CONNIE M. BARCLAY, Respondent . . : . . CUSTODY ORDER OF CXXlRT AND NCM, this cvl--day of I~ consideration of the attached Custody Conciliation Report, and directed as follows: , 2000, upon it is ordered 1. The Father, Charles J. Ilaria, III, and the Mother, Connie M. Barclay, shall have shared legal custody of Ashley M. Ilaria, born September 17, 1994, and Miranda May Ilaria, born June 4, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children 1 s general well-being inClUding, but not limited to, all, decisions regarding their health, education and religion. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. Until the 2000-2001 school year begins, the Father shall have custody of the Children each week from Wednesday at 9:CO a.m. through Saturday at 9:00 a.m. and the Mother shall have custody from Saturday at ,.9:00 a.m. through Wednesday at 9:00 a.m. B. During the school year, the Father shall have primary physical custody of the Children and the Mother shall have partial physical custody on alternating weekends from after school on Friday through Sunday at 7: 30 p.m., unless the parties agree on other exchange times. In addition, the Mother shall have custody of the Children on two weekday evenings from after school until 7:30 p.m., with the parties to schedule the specific weekday periods of. custody by Friday of the preceding week. In the event the parties are unable to agree on specific weekdays under this pr<;>vision, the Mother shall have custody on Tuesdays and, Thursdays. C. Beginning in 2001, the parties shall share having custody of the Children during the surruner school break on an alternating weekly basis. The alternating weekly schedule shall begin with the Mother having custody of the Children on the first Friday, a):ter the end of the school year and exchanges shall take place every Friday at 7:30 p.m. throughout the surruner. The summer schedule shall end 00 the last Friday before the beginning of the new school year and the alternating weekend .~ - ... schedule shall begin with the Father having custody of the Children on the weekend before school starts. 3. 'lhe parties shall share or alternate having custody of the Children on holidays as arranged by agreement. 4. Each party shall ensure that the other party has his or her current address and telephone number and shall notify the other party within 5 days of any change. The Mother shall provide the Father with her current address within 10 days of the Custody Conciliation Conference held on July 25, 2000. 5. Neither party shall drink alcohol to the point of intoxication or use illegal drugs during periods of custody with the Children. Each party shall ensure that third parties who have contact with the Children comply with this provision during that party's periods of custody. 6. 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, the terms of this Order shall control. BY THE COURT, ~ &'\':~ 0.0 6'( q,- 'i ~ cc: Karl E. Rominger, Esquire - Counsel for Father Maryann Murphy, Esquire - Counsel for Mother I I I I I I , i , .~ ,'- ,= , ' _l":!O"'" ,-~ '-~~ - .-, ~"?" " ,,'., -o'~.F'"',"--_. (l\ <t> )]- Cl ~ <Z~.. ~. (,.1 ;'_,.~.), '~'" /" '~~ X) """v':;-, (/ -:;,~)tl ..~"\ \:.f, ''';:::1. (<' ~'~ N. V ~) -;li",~ <2;, C /. ;z. ~'n, ~O V~~0- Ijl_~, ~. _~~.,..",._ ~ <P"..~~_.!m' - ';:',~ -~' -. ~",; , - ' .. CHARLES J. ILARIA, III, : IN THE CXlURT OF CXlMMON PLEAS OF Petitioner . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. : NO. 00-3446 CIVIL TERM : CIVIL ACTION - LAW CONNIE M. BARCLAY, . . Respondent . . . CUSTODY . PRIeR JUDGE: Edgar B. Bayley CUSTODY caslCILIATICl\I SUMMARY REPORT IN AccnwANCE WITH CllMBERLAND OOONTY' RIlLE OF CIVIL PROCEIJURE 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 CORRENTLY IN CUSTODY OF Ashley M. Ilaria Miranda May Ilaria September 17, 1994 June 4, 1997 Mother/Father Mother/Father 2. A Conciliation Conference was held cn July 25, 2000, with the following individuals in attendance: The Father, Charles J. Ilaria, III, with his counsel, Karl E. Rominger, Esquire, and the Mother's counsel, Maryann Murphy, Esquire. The Mother was not able to attend the Conference and the Mother's counsel participated on her behalf. 3. The parties agreed to entry of an Order in the form as attached. Da~ cJ- ~ . ,,).000 . I1h ~ ~~r/(7~ Dawn S. S1.ll1day, Esquire CUstody Conciliator - "~ ""-- , ~-~ " " , " CHARLES J. ILARlA, III PLA1NfIFF V. IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CONNIE M. BARCLAY DEFENDANT 00-3446 CIVIL ACTION LAW IN CUSTODY ~'~ ORDER OF COURT AND NOW, this 7tb day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mecbanicsbnrg, PA 17055 on the 25th day of July , 2000, at1:00 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TIIE COURT, Iii By: Isl Dawn S. Sunday. Esq~ 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 TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1,11 ;^' ;j ~ ~ !I il II ,- :j n Ii ~ r " - ~~, . ,-. ..,. ._w " FiLED-OFFICE I J.. t,i'~'''YI'''' 'r'-l. 1('-1" ny J~' ; 'T ""_," :-1',)j\ju Hn 00 JUN - 7 PH 2: 50 GUfvlSERUJ'JD COUNTY PENNSYLVANIA ~ b')'4::J tivl- ~ ~ #4' ~ tV7.tJtJ ~~ ~ 7f,XS". (;-7.o&J ~~ ~ ~ 4~ i ~~~ ~" '!I'I!'I! -", "~,,>\IlIlli'fl!:'.lIJ'IFl''!!''LW'I(''~;1!lf!ftIlm1~}iMMlli11~ '~~'_ ~,~~~ " ;_'p ,,;;_,_ ;c-" . '.' : ,'~' .;,,,, ~ _" '" :..'~&.~ .''': _~, ~,~ -,", '" ~__", _" '. CHARLES J. ILARIA, III Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : CUSTODYNISITATION : NO. oo-~~l{,"'((;IVIL TERM CONNIE M. BARCLAY Defendant ORDER OF COURT AND NOW, ,20_, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of ,2000_, at o'clock, '~.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannotbeaccomplished, to define and narrow the 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 entry of a temporary or permanent order. . 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 TillS 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. Office of the Court Administrator Cumberland County Court House, Fourth Floor Carlisle, P A 17013 (717) 240-6200 ',,,","^,,-' M'""",,-,,^-,,, '~'.',",.')". ,,".;, ,;i-'--'--' ~,~,,,,-"-,;,,,,,,~,,.,' "",V,,'" '<C.,,,,',,,,~-c;,,~'_ ",~ CHARLES J. ILARIA, 1lI Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION, LAW : CUSTODYNISITATION : NO. 00-3$1~ CIVIL TERM CONNIE M. BARCLAY Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is CHARLES J. ILARIA, III, residing at 1075 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania.. 2. The Defendant is CONNIE M. BARCLAY, residing at no fixed address. 3. Plaintiff seeks custody of the following children: NAME RESIDENCE DOB AGE Ashley M. Haria Miranda May Haria Unknown Unknown 9/17/94 6/4/97 5 Y, yrs 4 yrs The children were born out of wedlock. The children are presently in the custody of unknown persons. During their lives, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATES Unknown persons Charles J. Uaria III Unknown 1825 Harrisburg Pike, Carlisle, P A 17013 North Middleton Road Meals Mobile Home Trailer Park Various 6/2/00 - 5/23/00 ' 6/2/00 Connie Barclay/Jim Eichelberger Sharon Clark/BilI Clark Unknown On and off On and off Various The mother of the children is CONNIE M. BARCLAY, currently residing at no fixed address but is currently in the Cumberland County Prison with release date of June 7, 2000. She is unmarried. '" ,'--' ~-~ -', " . ~ ,-" "",;,;'c'" "",c ~,_ I,,,'~.i:;''-i ':, c,; '~-";,i_;~;-= '/_~-;~ -~,;:, :, '" ,-' ,;",_,,__ , ="l< " The father of the children is Charles J. Haria, ill , currently residing at 1075 Harrisburg Pike, Carlisle, Cumberland Couuty, Pennsylvania. He is unmarried. 4. The relationship of the Plaintiff to the children is that off ather. The Plaintiff currently resides with the following persons: Alone. 5. The relationship ofthe Defendant to the children is that of mother. The Defendant currently resides with the following persons: unknown, however is currently serving time in the Cumberland County Prison with release date of June 7, 2000. 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. 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 childreu will be served by granting the relief requested for the following reasons: a. Petitioner is the natnral father of the children; b. Petitioner has established a relationship with the children; c. Petitioner has regular, full time employment and a fixed address with residence in which to keep the children. d. Respondent has no fixed address and no home or apartment in which to keep the children. Further, it is believed and averred that Respondent's drifting between residences unknown creates an environment which would be detrimental to the children; - ' "~" ,~o_- '"_~ <--""'"~~,:~;;,;:,, ,,',B;__~_,.." -,~--, ~'~'~ e. Petitioner desires to continue exercising parental duties and enjoys the love and affection of the children; f. The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural father. g. The children would benefit from custody being invested fully in their natural father with liberal visitation in the mother. 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 as parties to this action. WHEREFORE, Plaintiff requests the Court to grant full custody of the children to Plaintiff pending the heaJ:ing. Respectfully submitted, /;-0 - 00 By: /--/ Karl E. Rominger, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle,PA 17013 Telephone: (717) 241-6070 Supreme Court ID No. 81924 ,,,. .-' k.~,-' , ,.., ,),,;" ;-~.," ,;~,,'-.-;"; "~' ,-, """. ..-" COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I verifY that the statements made in the foregoing Complaint are true and correct. ] understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. DATE: (; -0 - DO '~"~ ''';'', ~' >,' " )-'="c"'q'",,,-,:,;-', - '--.:.~ CONNIE M. BARCLAY, PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V, CHARLES J. ILARIA, III, RESPONDENT 00-3446 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of June, 2002, the request for an emergency hearing, IS DENIED.1 Lindsay Gingrich Maclay, Esquire For Petitioner Charles J. lIaria, III 63 Betty Nelson Court, Lot 103 Carlisle, PA 17013 _ ~ I""',,',o..t, "'/"1/6;),. ~.61. Court Administrator :saa 1 There is an existing custody order in effect. We will not deal with this matter on an emergency basis. The petition shall be treated as a petition to change physical custody and it is referred to conciliation. ;-- II I I , i , i II II II II II II II L_, TIJIl_i""", "" '<1-", LIt' Ilr)! -, ',., C, !':.; ~. ,_< ;')/1 ~). <c. CJ".. v/1t;,-;';::L::', " ,.::;-~, "/:"., , /"r-<'" . {~1:.N'\'S'VlC;-" ""I,,)0iVTV l'i(!,'>'LV/A , ,ITJ19.!" ~ 09 " ,--, " - ~. - ~",_",,:,"~_.I~! ,~, , " , "'_~"~ '-b-.~ ~ '~'"","j~", I , ..... .... < '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE M. BARCLAY, Petitioner CIVIL ACTION - LAW v. No. 00 - 3446 CHARLES J. ILARIA, ill, Respondent (In Custody) PRAECIPE TO MODIFY CERTIFICATE OF SERVICE TO THE PROTHONOTARY: Please be advised that there is a typographical error on the Certificate of Service attached to the Petition for Emergency Relief filed on May 31,2002 at the above-referenced docket number. The Certificate of Service should be dated for May 31,2002 and not May 30,2002. Please correct this error on the Certificate of Service of record. HANFT & KNIGHT, P.C. Date: :Jll.VlP~ 5 '1.002- I By: 'ch Attorney 1. . No. 7954 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Petitioner F:\User Folder\Finn DQcs\Gendocs2002\2730-I.praec,wpd , i.i; "' ',dJiliun....... ,...- ~~,,- , liliIWi!s r " '",,-;i~'_;' .... ~~~"fl:t"'"'" - (') ~, -UCU rnji , , ~;: be', -< ,::; '-. Z;-'--, >c' ,. o r...) c_ ~;; .' ---{ ~( \ - f I II i,l i I , i I , ,. I I I I 9. --I ;':, -\I el I (0" i ,-. '-",' ..,-- l\ "",--n !--'":~ ('') "~::iTI ~"'O :,.) en >~'- _._i j:o-; :co '-< -, I ~ ~'&"j . . CONNIE M. BARCLAY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V, 00-3446 CIVIL ACTION LAW CHARLES J. ILARIA, III DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Jnne 05, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqneline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Couuty Courthouse, Carlisle on Tuesday, July 02, 2002 at 10:30 AM 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. All children age five or older may also be present at the conference. 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 Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR 1HE COURT, By: /s/ Jacqueline M. VernfO'. Esq. (;Af\ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - , ,~ ~~ , .~ v, 11:) II !:,I _[~ .'-!_: ,"'I, 0"'\ ' "",". .....".';.,' V t,; .:.' .'~ j Ct 1\ ~_- - , UJV'lr-'i-..; - ',-", 1".1'1'1 '__h-.. 'of,,) u'......'~ ::;'j, i Pi=[\!Ii\IC'\/;\f/ \)1'-' --" 'VJ,-v,\:-:j/-\ t,,~,,) ~e:I il~ ~ ~ w:r)l1~ ~i/'tI) /1t>~ ~ ~ ~- t/.t-.~;L ~ ~ ~ 4~ #. . ,-" .. Vf" ~ .~,~_, '", " ~"~.ll."__""",!,,,,r ~ __I4iqL~_~ .~~ !'lI,~~_" . ~._" ~--, 'JjUML" CONNIE M. BARCLAY, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES J. ILARIA, III, RESPONDENT 00-3446 CIVIL TERM ORDER OF COURT AND NOW, this l{l\, day of June, 2002, the request for an emergency hearing, IS DENIED.1 Lindsay Gingrich Maclay, Esquire For Petitioner Charles J. lIaria, III 63 Betty Nelson Court, Lot 103 Carlisle, PA 17013 Court Administrator :saa I There is an existing custody order in effect. We will not deal with this matter on an emergency basis. The petition shall be treated as a petition to change physical custody and it is referred to conciliation. ,,] ",",.f;! ~ """ "'">-''' .I .-- T_, V JutWa Z0D2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE M. BARCLAY, Petitioner CIVIL ACTION - LAW v. No. 00 - 3446 CHARLES J. ILARIA, ill, Respondent (In Custody) ORDER OF COURT AND NOW, this day of , 2002, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel shall appear before , the Conciliator, at on the day of , 2002 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. All children age five or older shall/may also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. 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 rnust 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 .-,-- . -'. ~."- ~J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE M. BARCLAY, , Petitioner CML ACTION - LAW v. No. 00 - 3446 CHARLES J. ILARIA, III, Respondent (In Custody) PETITION FOR EMERGENCY RELIEF AND NOW, this 31st day of May, 2002, comes Petitioner, Connie M. Barclay, by and through her attorneys, Hanft & Knight, P.C., and avers the following in support of this Petition for Emergency Relief: 1. Petitioner, Connie M. Barclay, is an adult individual who currently resides at 75 Bonnie Brook Road, Lot 14, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent, Charles J. Haria, III, is an adult individual who currently resides at 63 Betty Nelson Court, Lot 103, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner, Connie M. Barclay, is the mother of two (2) minor children, Ashley M. Haria, who was born on September 17, 1994 and Miranda May Haria, who was born on June 4, 1997. 4. Respondent, Charles 1. Haria, III, is the natural father of Ashley M. Haria; however, he is not the natural father of Miranda May Haria as is evidenced by the December 12, 1997 Court Order issued by the Honorable George E. Hoffer. A copy of said Order is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof as if fully set forth at length herein. '- i "I 5. Petitioner, Connie M. Barclay, seeks primary custody of the following children: Name Ashley M. Haria Present Residence Age 63 Betty Nelson Court, Lot 103 Carlisle, Pennsylvania 17013 7 Miranda May Haria 63 Betty Nelson Court, Lot 103 Carlisle, Pennsylvania 17013 4 The children were born out of wedlock. The children are presently in the custody of Respondent, Charles J. Haria, III, at his mobile home at 63 Betty Nelson Court, Lot 103, Carlisle, Cumberland County, Pennsylvania 17013. Since birth, the children have resided with the following persons and at the following addresses: Name Charles J. Haria, III & Heather Bayley (on & off) Charles 1. Haria, III & Heather Bayley (on & off) Charles J. Haria, III & Heather Bayley Charles 1. Haria, III & Donna Miller, his rnother Charles 1. Haria, III & two unknown friends Charles J. Haria, III & Heather Bayley (on & off) Charles J. Haria, III & Heather Bayley (on & off) Address Dates 63 Betty Nelson Court, Lot 103 Carlisle, Pennsylvania 2001 - present In a garage Sometime in the year 200 I Heather Bayley's Mother's (in a camper) Sometime in the year 2000 His Mother's House Sometime in the year 2000 Downtown Carlisle with the friends Sometime in the year 2000 Harvon Motel On and Off in the year 2000 Carlisle Campground On and Off in the year 2000 ",' ''''; L ~ Charles 1. Haria, ill & Heather Bayley (on & off) Appalachian Motor Inn On and Off in the year 2000 Unknown Persons Unknown 6/2/00 - 6/7/00 Charles J. Haria, III Appalachian Motor Inn 5/23/00 - 6/2/00 Connie Barclay & Jim Eichelberger North Middleton Road On and Off Sharon Clark & Bill Clark Meals Mobile Home Trailer Park On and Off Unknown Various Various Petitioner, Connie M. Barclay, natural mother of both ofthe children, currently resides with her fiancee, Shane Klifton, at 75 Bonnie Brook Road, Lot 14, Carlisle, Curnberland County, Pennsylvania. Respondent, Charles J. Haria, III, natural father of Ashley M. Haria, currently resides at 63 Betty Nelson Court, Lot 103, Carlisle, Curnberland County, Pennsylvania. 6. The relationship of Petitioner, Connie M. Barclay, to the children is that of natural mother. 7. Petitioner, Connie M. Barclay, currently lives with her fiancee, Shane Klifton, and is engaged to be married before August 31, 2002. 8. The relationship of Respondent, Charles J. Haria, III, to Ashley M. Haria, is that of natural father. Respondent, Charles J. Haria, III, is not the natural father of Miranda May Haria. It is unknown whether Respondent is currently living with Heather Bayley, his girlfriend. ~" '"' " 'i'--; 9. Heather Bayley, Respondent's girlfriend, has lived with Respondent on and off for two (2) years. 10. To Petitioner's knowledge, Respondent, Charles J. Haria, III, is not currently employed. 11. To Petitioner's knowledge, Respondent, Charles J. Haria, III, has no driver's license. 12. To Petitioner's knowledge, Respondent, Charles J. Haria, III, has no telephone. 13. To Petitioner's knowledge, Respondent, Charles 1. Haria, III, has had no rnedical insurance for the children since they moved in with Respondent pursuant to the Honorable Edgar B. Bayley's August 9, 2000 Order. A copy of said Order is attached hereto as Exhibit "B" and by reference incorporated herein and made a part hereof as if fully set forth at length herein. 14. Petitioner believes and therefore avers that Respondent, Charles J. Haria, III, and his girlfriend, Heather Bayley, have used marijuana in front of the children which is in direct dereliction of Paragraph 5 of Judge Bayley's August 9, 2002 Order. A copy of said Order is attached hereto as Exhibit "B" and by reference incorporated herein and made a part hereof as if fully set forth at length herein. 15. Petitioner believes and therefore avers that Respondent, Charles J. Haria, III, illegally bought and sold a handgun with the serial number scratched off. Respondent, Charles J. Haria, III, is not permitted to own a gun due to a prior felony conviction. o 'v. , 16. Petitioner believes and therefore avers that Respondent, Charles J. Haria, III, and his girlfriend, Heather Bayley, have sold marijuana in front of the children which is in direct dereliction of Paragraph 5 of Judge Bayley's August 9, 2002 Order. A copy of said Order is attached hereto as Exhibit "B" and by reference incorporated herein and made a part hereof as if fully set forth at length herein. 17. Petitioner believes and therefore avers that Respondent, Charles J. Haria, III, has been intoxicated to a state where he is unable to care for the children on more than one occasion which is in direct dereliction of Paragraph 5 of Judge Bayley's August 9,2002 Order. A copy of said Order is attached hereto as Exhibit "B" and by reference incorporated herein and made a part hereof as if fully set forth at length herein. 18. Petitioner believes and therefore avers that Respondent, Charles J. Haria, III, has permitted Miranda May Haria to try a cigarette. 19. Petitioner believes and therefore avers that the children are not being properly cared for, fed, or supervised while they are in the custody of Respondent, Charles J. Haria, III. 20. Petitioner, Connie M. Barclay, has contacted Cumberland County Children and Youth on two (2) separate occasions to express her concerns regarding the care of the children. 21. Petitioner believes and therefore avers that Ashley M. Haria has missed in excess of twelve (12) days of school for the 2001-2002 school year. Petitioner further believes and therefore avers that these absences were not all excused. - ~~ -~ -~ '. ~ 22. Petitioner believes and therefore avers that Ashley M. Haria, a first-grader, has been enrolled and attended classes in the following three (3) schools in her short school career: Name Dates Middlesex Elementary Rice Elementary 8/00 - 11100 11/00 - 6/01 Frankford Elementary 8/01 - present 23. Petitioner believes and therefore avers that Respondent's girlfriend, Heather Bayley, is the primary and sole source of income to Respondent. 24. Petitioner, Connie M. Barclay, believes and therefore avers that if Respondent's live-in girlfriend, Heather Bayley, no longer lives with Respondent, he will lose his current place of residence. 25. Petitioner, Connie M. Barclay, is not currently working due to a back problems caused by her pregnancy. Attached hereto and incorporated herein by reference as Exhibit "C" is a May 14, 2002 letter from Carlisle Regional Medical Center excusing Petitioner from work. 26. Petitioner's fiancee, Shane Klifton, is employed full-time by Carlisle Tire and Wheel and has access to rnedical insurance for himself and his family. 27. Petitioner, Connie M. Barclay, has been living at 75 Bonnie Brook Road, Lot 14, Carlisle, Curnberland County, Pennsylvania, for almost one (1) year. 28. Petitioner, Connie M. Barclay, has been exercising consistent and regular visitation with the children since the entry of Judge Bayley's August 9, 2000 Order. A copy of said Order is attached hereto as Exhibit "B" and by reference incorporated herein and made a part hereof as if fully set forth at length herein. ,"" , ''-- ,;,j 29. Petitioner, Connie M. Barclay, does not know of a person not a party to the proceedings who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. 30. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Petitioner, Connie M. Barclay, is the natural mother of both of the children; b. Petitioner, Connie M. Barclay, continues to maintain a good relationship with the children; c. Petitioner, Connie M. Barclay, does not currently work outside the home and is therefore able to care for the children on a full-time basis; d. Petitioner's fiancee is employed full-time by Carlisle Tire and Wheel and can therefore provide health insurance for the entire family once he and Petitioner are married; e. Petitioner, Connie M. Barclay, can provide the children with health insurance through the Welfare Office until such time as Petitioner and her fiancee, Shane Klifton, are married; f. Petitioner, Connie M. Barclay, has a valid Pennsylvania driver's license, does not rely on public trMsportation, and is able to transport the children to and from appointments and school; g. Petitioner, Connie M. Barclay, has been living at her current residence for almost one (1) year and has no plans to move in the near future; h. Petitioner, Connie M. Barclay, will ensure that the children are raised in a healthy environment and will not drink or use illegal substances in front of the children; ';-- i 1. Petitioner, Connie M. Barclay, believes that the fact that AsWey M. Haria has been enrolled in three different schools in the past two years has adversely affected her academic performance; J. Petitioner, Connie M. Barclay, will be able to provide a stable home environment for the children; k. Petitioner, Connie M. Barclay, desires to continue to exercise her parental duties and responsibilities and to enjoy the love and affection of the children; 1. Petitioner provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; and m. Petitioner is, and has always been, willing to accept custody of the children. 31. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children. PETITION FOR EMERGENCY RELIEF - REOUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY 32. Paragraphs 1 through 30 are incorporated as if fully set forth at length herein. 33. Petitioner, Connie M. Barclay, believes the children will suffer needless irreparable harm and may be in danger if custody is not immediately transferred to her for the following reasons: < .~ ,<- ~--, J--,~" < "-1 <' rfi a. Respondent, Charles J. Haria, III, has no employment, no vehicle, no drivers license, and no health insurance; b. Petitioner, Connie M. Barclay, believes that it is in the best interests of the children to be in a stable horne environment; c. To date, Respondent, Charles J. Haria, III, has not provided the children with a stable home environment; d. Petitioner believes and therefore avers that Respondent, Charles J. Haria, III, and his girlfriend, Heather Bayley, have used and sold illegal substances in front of the children; e. Petitioner believes and therefore avers that while the children are in his custody, Respondent, Charles 1. Haria, III, has been intoxicated to the point that he can no longer care for the children; f. Ashley M. Haria has been enrolled in three different schools in the past two years, which has affected her academic performance; g. Petitioner believes and therefore avers that Respondent, Charles J. Haria, III, does not provide adequate emotional, moral, or physical surroundings to meet the children's basic needs; h. Petitioner, Connie M. Barclay, is able to provide the children with adequate emotional, moral, and physical surroundings to meet the children's basic needs; and " ,-, ;:d 1. Petitioner, Connie M. Barclay, is able to provide regular medical care, including, but not limited to, necessary inoculations, medical check-ups, and dental and eye care, as needed. WHEREFORE, Petitioner, Connie M. Barclay, respectfully requests this Honorable Court enter and Emergency Order granting her primary physical custody ofthe children pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully Submitted, HANFT & KNIGHT, P.C. ~~~'l-i . dsay G' ch clay, E uire Attorney LD. No. 87954 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Petitioner " ,- ~ '" - - . r.___ _ '-'ri~ c..~ o ";i VERIFICATION I verifY that the statements made in the foregoing Petition for Ernergency Relief are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained herein, and not to legal conclusions and averments authored by counsel in his capacity as attorney for the party or parties hereto. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. F: \User Folder\Firm Docs\Gendocs2002\2730-I.cust.emerg.pet.wpd 0'" .~~ - IilI!!lI. ~ ~ ~~1 In the Court of Common Pleas of, CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CONNIE M. BARCLAY ) Docket Number 573 S 97 Plaintiff ) YS. ) PACSES Case Number 996000074 CHARLES J. ILARIA III ) Defendant ) Other State ID Number ORDER OF COURT AND NOW, this DECEMBER 12, 1997 , it is hereby ordered that defendant is not the biological father of the child MIRANDA ILARIA born on JUNE 4, 1997 to CONNIE M. BARCLAY and this paternity action is dismissed. BY THE COURT: J. ,=?-. = en ..... - t-::> N r.') -71 ~ . '~ ~ ~ ':"~ , Service Type M Form PE-046 Wod:er ID 21301, / ~ " , " ~ , , "1 C! . CHARLES J. ILARIA, III, : IN THE OOURT OF COMMOO PLEAS OF Petitioner : CUl"BERLAND CCUNTY, PENNSYLVANIA : vs. : NO. 00-3446 CIVIL TERM : CIVIL ACTION - LAW OONNIE M. BARCLAY, Respondent : : CUSTODY ORDER OF CXXlRT AND ~, this es,J--day of consideration of the attached Custody and directed as follows: Ii .-I~'- conciliation Report, , 2000, upon it is ordered 1. The Father, Charles J. Ilaria, III, and the Mother, Connie M. Barclay, shall have shared legal custody of Ashley M. Ilaria, born September 17, 1994, and Miranda May Ilaria, born June 4, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. Until the 2000-2001 school year begins, the Father shall have custody of the Children each week from Wednesday at 9:CO a.m. through saturday at 9:00 a.m. and the Mother shall have custody fran saturday at 9:00 a.m. through Wednesday at 9:CO a.m. B. During the school year, the Father shall have primary physical custody of the Children and the Mother shall have partial physical custody on alternating weekends from after school on Friday through Sunday at 7:30 p.m., unless the parties agree on other exchange times. In addition, the Mother shall have custody of the Children on two weekday evenings fran after school until 7:30 p.m., with the parties to schedule the specifiC weekday periods of custody by Friday of the preceding week. In the event the parties are unable to agree on specific weekdays under this provision, the Mother shall have custody on Tuesdays and Thursdays. C. Beginnir:g in 2001, the parties shall share having custody of the Children during the summer school break on an alternating weekly basis. The alternating weekly schedule shall begin with the Mother having custody of the Children on the first Friday after the end of the school year and exchanges shall take place every Friday at 7:30 p.m. throughout the surrroer. The surruner schedule shall end on the last Friday before the beginning of the new school year and the alternating weekend , " ilI1f~;' schedule shall begin with the Father having custody of the Children on the weekend before school starts. 3. 'Ihe parties shall share or alternate having custody of the Children on holidays as arranged by agreement. 4. Each party shall ensure that the other party has his or her current address and telephone number and shall notify the other party within 5 days of any change. 'Ihe Mother shall provide the Father with her current address within 10 days of the Custody Conciliation Conference held on July 25, 2000. 5. Neither party shall drink alcohol to the point of intoxication or use illegal drugs during periods of custody with the Children. Each party shall ensure that third parties who have contact with the Children comply with this provision during that party's periods of custody. 6. This OJ:der is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this OJ:der by mutual consent. In the absence of mutual consent, the terms of this OJ:der shall control. BY THE (X)URT, ] I i I I I I I I I I I I i I I I I I , i I I I I I I I I I I I I ! / cc: 1" /!A-/f" " t_ ,../ Edgar B:-Bayley, ( ~ Karl E. Rominger, ES';lUire -eocounslelf foMr tFhather ~~O' 00 Maryann Murphy, EsqUl.re - unse or 0 er 1~~ ,~ , - ",- ~- . ~l;;., .~ CARuSLE REGIONAL MEDICAL CENTER . . 5/'~/O2. 'J)e.r .s.n. : CO/VN>-Jo... ~rt..l...v . '-"''''> ~ Or' !jn/z,.HL ,... --rILL C,..,../.)!... H'>f-;t:.l :t:R. -tl'- I~ SodRJ .1d,{Vl'I-''''/'f''''''''' S'^I.JL ""'~ CJ,.:J.~d 'Ii ~ l()"v L"l.k 'fl"/+""~ IIM-lr- Al.d'M ,n) 1>....1" ->....0. ~ tlJ'v':....... TI.1 ,\ \tI.<U 1'1t~0 ~ -t/\.M 1.A6I'Ic.''1 ;:r y\') ~-r Lhf~""""" ~./ (..l;.v. ..s~ (,ft.A\ ~ (ly '-/ ('ll -L ,.... -rA..... 'fr4....,,;Jj c./uVA. 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CERTIFICATE OF SERVICE AND NOW, this 30th day of May, 2002, I, Lindsay Gingrich Maclay, Esquire, hereby certifY that I have this day served the following persons with a copy of the foregoing document, by first class, United States Mail, postage pre-paid, addressed as follows: Charles J. llaria, ill 63 Betty Nelson Court, Lot 14 Carlisle, Pennsylvania 17013 HANFT & KNIGHT, P.C. ,;;;.,- "- .1, '"~ -,-.~ . "-"-"-'< ~~,.;,~ . , ,< ~ " ,.~ -"~ -', ~~ ,~ ,<,'C ...~'~'~" . - -.~ -',' . . ' - ~ -4q 0 r f..-.. C 1"-) 0 ~ :':;:'0'" ''1'1 'F- 2~\F~ :""t;: "~ j ~ -:~ , ~ (",,' ,-I ~~-! " & ~ ; -, C-:-~ l~") c ') I..J ~;:;~ ~"~ -l:: -,,"," .'. I ~ r ~) - {-<,' n r -""" ,---' ~ ~-:~ '0 ~ _. --J -< (I' -" C) -< ~ --.:...., ~ ~ ". . ~~''''_..' .'~-J-iolIB~~ ~ ~" , ",,- -~~[."""'~;;, JUL 0 2 2002 i CONNIE M. BARCLAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-3446 CIVIL TERM CHARLES J. ILARIA, III, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this tt',A day of ~ ~ ,2002, upon consideration of the attac~ody ,Conciliation Report, it is ordered and directed as follows: I. The prior Order of Court dated August 9, 2000 is hereby vacated. 2. The Mother, Connie M. Barclay, and the Father, Charles 1. Haria, III, shall have shared legal custody of Ashley M. Haria, born September 17, 1994 and Miranda May Haria, born June 4, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Mother shall have primary physical custody of the Children 4. Father shall have periods of partial physical custody as agreed by the parties provided he notifY Mother at least six (6) hours in advance. 5. Each party shall ensure that the other party has his or her current address and telephone nurnber and shall notifY the other party within 5 days of any change. 6. Neither party shall drink alcohol to the point of intoxication or use illegal drugs during periods of custody with the Children. Each party shall ensure that third parties who have contact with the Children comply with this provision during that party's periods of custody. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modifY the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. ., ~ ..~..~ - "" _c_ . . BY THE CQURT, Edgar B. Bayley cc(Lindsay Gingrich Maclay, Esquire, Counsel for Mother A>aniel Pollock, Esquire, Counsel for Father J. i /'I~. L- O?tJ3 -0:;' - .1 :1 'I I ! >1 ~ ~....,. I \i,,::~',_>-c)ff~I,GE '( ":,r. r:--'J'.D1j~r{' " -J D'\ n. \, I fl- .J" ""'. 02 JU\ ,..", ,'- ", ,..,t"Ju1t\rrY ""'Utli:j,'il'lj-,,\\!~ \'..iJ. ' vPENNSy\:jA\~:A ,,,.,,'" ~~....,.,....," ,,",*~'f,*~~.ii~~~~{!l";1""ffi!I:~<5IIII!mJ_'_n. . " ,,'~ "<<~ -"lI" ~ ,..,,, "'~~Il~r!..!" CONNIE M. BARCLAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2001l-3446 CIVIL TERM CHARLES J. ILARIA, III, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 'PROCEDUREI915.3:8,the''l.i1ide^fsigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashley M. Haria Miranda May Haria September 17,1994 June 4,1997 Mother Mother 2. A Conciliation Conference was held in this matter on July 2, 2002, with the following individuals in attendance: The Mother, Connie M. Barclay, with her counsel, Lindsay Gingrich Maclay, Esquire and the Fatther, Charles J. Haria, III, with his counsel, Daniel Pollock, Esquire. 3. A prior Order of Court, dated August 9,2000 was entered by the Honorable Edgar B. Bayley that provided for shared legal custody and Father having prilllaryphy~ic~lcustodyWthMptherhayiPcg alternating weekends and two evening per 'week and a shared summer schedule. 4. The parties agreed to the entry of an Order in the form as attached. 1-;).. -o.;z.. Date cq line M. Verney, Esquire Custody Conciliator .