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Home My WebLink About10-1095IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE CLIFTON, Plaintiff/Petitioner CHARLES ILARIA and WILLIAM CLARK and AMY CLARK, Defendants/Respondents d J O TI CIVIL ACTION - LA *` , IN CUSTODY rv = t " :•'C7 No. 2010- /G'?IS rv PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND NOW this )2-+h day of February, 2010, comes Plaintiff, Connie Clifton, by her attorney, Sean M. Shultz, Esquire, and represents as follows: 1. Petitioner, Connie Clifton, is an adult individual sui juri, who resides at 1107 Ritner Highway, Lot #1306, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner is filing a Complaint in Custody and due to financial circumstances is unable to pay any of the costs or expenses of same. See Petitioner's Financial Affidavit attached hereto as Exhibit "A". WHEREFORE Petitioner requests that an Order be entered granting leave to proceed in this matter in forma pauperis without the payment of costs. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE CLIFTON, Plaintiff/Petitioner CIVIL ACTION - LAW IN CUSTODY CHARLES ILARIA and WILLIAM CLARK No. 2010- and AMY CLARK, Defendants/Respondents AFFIDAVIT 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Connie Clifton Address: 1107 Ritner Highway, Lot #1306, Carlisle, PA 17013 Social Security Number: 181-60-1376 (b) Employment: Unemployed If you are presently employed, state Employer: Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: 2007 Salary or wages per month: Minimum Wage Type of work: Produce Rep. (c) Other income within the past twelve months Business or profession: n/a Other self-employment: n/a Interest: n/a Dividends: n/a Pension and annuities: n/a Social security benefits: n/a Support payments: Approx. $500/month child support until 1/2010 Disability payments: n/a Unemployment compensation and supplemental n/a Benefits: n/a Workman's Compensation: n/a Welfare n/a Other: n/a (d) Other contributions to household support (Wife)(Husband) Name: n/a If your (wife)(husband) is employed, state n/a Employer: Salary or wages per month: Type of work: Contributions from children: n/a Contributions from parents: n/a (e) Other contributions: n/a Property Owned Cash: n/a Checking account: n/a Savings account: n/a Certificates of deposit: n/a Real estate (including home): Present value $90,000.00 Amount Owed : n/a Motor Vehicle: Make: n/a Cost , Amount Owed: Stocks; bonds: n/a Other: n/a (f7 Debt and obligations Mortgage: Rent: $900.00 lot rent presently due Loans: n/a Electric $115.00/month - Over $1,000.00 presently due Oil/Gas/Heat $300.00/month Food $100.00/month Child Support n/a Transportation n/a Insurance homeowners - $400-$600/year Telephone $50.00/month Cable n/a Clothing n/a Child Care n/a Medical Expenses Paid for by Assistance Credit Card Payments n/a Other: n/a (g) Persons dependent upon you for support (Wife)(Husband) Name: Children, if any: Name(s): Other persons: Name: Relationship: n/a 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: - /d (??- Z'4!?<-' Connie Clifton COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this, the ? day of February, 2010, before me, the undersigned officer, personally appeared, Connie Clifton, known to me or satisfactorily proven to be the person whose names is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal SEAL) [:Do?ly M. Hodwr?ber ry, Notary Public sex Twp., Ctrriberland County nrnission Expires Sept 24, 2010 Member, Pennsylvenle Assoclation Of N4tvrier. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE CLIFTON, Plaintiff/Petitioner CIVIL ACTION - LAW IN CUSTODY CHARLES ILARIA and WILLIAM CLARK No. 2010- and AMY CLARK, Defendants/Respondents CERTIFICATE OF SERVICE AND NOW, this 12t-day of February, 2010, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Petition by first class, United States Mail, postage pre-paid, addressed as follows: John Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, Pennsylvania 17013 Attorney for Defendant Charles Ilaria William Clark Amy Clark 13 W. Butler Street Mt. Holly Springs, Pennsylvania 17065 Defendants Respectfully submitted, LAW OFFICE OF M. SHULTZ, P.C. Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF v iy "*i CUMBERLAND COUNTY PENNSYLVANIA M n , N ::9 r CONNIE CLIFTON Plaintiff - CIVIL ACTION - LAW IN CUSTODY CHARLES ILARIA and WILLIAM CLARK No. 2010- 16 11j GAJ , f and AMY CLARK, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 LAW OFFICE OF SEAN M. SHULTZ, P.C. -X" Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE CLIFTON, Plaintiff CIVIL ACTION - LAW IN CUSTODY ? CHARLES ILARIA and WILLIAM CLARK No. 2010- Og J and AMY CLARK, Defendants COMPLAINT FOR PARTIAL CUSTODY AND NOW, this 15th day of February, 2010, comes Plaintiff, Connie Clifton, by and through her attorney, Sean M. Shultz, Esquire, and files the following Complaint for Partial Custody, and in support thereof avers as follows: 1. Plaintiff is Connie Clifton, who resides at 1107 Ritner Highway, Lot #1306, Carlisle, Pennsylvania 17013. 2. Defendant Charles Ilaria resides at 11 Harmony Hall, Carlisle, Pennsylvania 17013. 3. Defendants William Clark and Amy Clark, husband and wife, reside at 13 W. Butler Street, Mt. Holly Springs, Pennsylvania 17065. 4. Plaintiff seeks partial custody of the following child: Name Present Residence Age DOB Miranda Ilaria ("Miranda") 13 West Butler Street Mt. Holly Springs, PA 17065 Miranda was born out of wedlock. 12 June 4, 1997 Miranda is presently in the physical custody of Defendants William Clark and Amy Clark. During the past five years, Miranda has resided with the following persons and at the following addresses: a. From February 2005 to 2007 with Plaintiff, Plaintiff's mother, Sharon Clark, and Plaintiff's children, Ashley Ilaria, Keira Clifton and Logan Clifton at 1107 Ritner Highway, Lot #1306, Carlisle, Pennsylvania; b. From 2007 to June of 2009 with Plaintiff, Ashley Ilaria, Keira Clifton and Logan Clifton at 1107 Ritner Highway, Lot #1306, Carlisle, Pennsylvania; C. From June of 2009 to January 11, 2010 with Plaintiff, Keira Clifton and Logan Clifton at 1107 Ritner Highway, Lot #1306, Carlisle, Pennsylvania; d. From January 11, 2010 until January 16, 2010, with Defendant Charles Ilaria at 11 Harmony Hall, Carlisle, Pennsylvania; e. From January 16, 2010 to present with Defendants William Clark and Amy Clark, and their son, Gavin Clark, at 13 West Butler Street, Mt. Holly Springs, Pennsylvania. The mother of Miranda is Connie Clifton, who resides at 1107 Ritner Highway, Lot #1306, Carlisle, Pennsylvania. She is unmarried. The father of Miranda is Charles Ilaria, and he currently resides at 11 Harmony Hall, Carlisle, Pennsylvania. He is unmarried. The maternal aunt and uncle of Miranda are William Clark and Amy Clark, husband and wife, who reside at 13 W. Butler Street, Mt. Holly Springs, Pennsylvania 17065. 5. The relationship of Plaintiff to Miranda is that of natural mother. She currently resides alone. 6. The relationship of Defendant Charles Ilaria to Miranda is that of natural father. He currently resides with his daughters, Ashley Ilaria and Christine Ilaria. 7. The relationship of Defendants William and Amy Clark to Miranda is that of maternal uncle and aunt. They reside with Miranda and their son, Gavin Clark. 8. Plaintiff and Defendant Charles Ilaria have participated as a party or witness in other litigation concerning the custody of Miranda in a Cumberland County Children and Youth Services case, docketed at CP-21-DP-0000004-2010. By Order of Court dated January 15, 2010, the petition for dependency was dismissed. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of Miranda or claims to have custody or visitation rights with respect to her. 9. The best interests and permanent welfare of Miranda will be served best by granting the relief requested because: a) Defendants consent to this Complaint for Partial Custody by virtue of the Custody Agreement attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. 10. Each parent whose parental rights to Miranda have not been terminated and the person who has physical custody of Miranda have 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 Miranda. WHEREFORE, Plaintiff respectfully requests Your Honorable Court enter the attached Agreement as an Order of Court and grant Plaintiff and the Defendants shared legal custody of Miranda, and grant Defendants William Clark and Amy Clark primary physical custody of Miranda. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE CLIFTON, Plaintiff CHARLES ILARIA and WILLIAM CLARK and AMY CLARK, Defendants VERIFICATION CIVIL ACTION - LAW IN CUSTODY No. 2010- I verify that the statements made in the foregoing Complaint are true and correct to the best of our 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. Connie Clifton Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE CLIFTON, Plaintiff CIVIL ACTION - LAW IN CUSTODY CHARLES ILARIA and WILLIAM CLARK No. 2010- d and AMY CLARK, Defendants CUSTODY AGREEMENT THIS AGREEMENT, made this 251h day of rG( 2010, by and between CONNIE CLIFTON, of 1107 Ritner Highway, Lot #1306, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Mother," CHARLES ILARIA, of 11 Harmony Hall, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Father", and WILLIAM CLARK and AMY CLARK, husband and wife, of 13 W. Butler Street, Mt. Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as "Clarks", or collectively referred to as "the Parties." WHEREAS, the parties desire to provide for the custody of the minor child, MIRANDA ILARIA, born June 4, 1997, hereinafter referred to as "Miranda"; NOW, THEREFORE, the Parties, in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: Page 1 of 3 1. The parties shall share legal custody of Miranda. 2. Clarks shall have primary physical custody of Miranda with Mother and Father having partial custody of Miranda at such times as the parties can mutually agree. 3. Transportation will be shared equally by the parties. The party receiving custody shall pick up Miranda. 4. Each party agrees to keep the other parties apprised of any and all matters relating to Miranda's health, education, welfare, and activities. 5. Each party shall be responsible for the day-to-day decisions while they have custody of Miranda. Neither Party has the right to make a unilateral decision regarding medical treatment (other than emergency treatment). It is agreed between the Parties that any decisions regarding medical treatment (other than emergency treatment) to be rendered to Miranda will be made jointly. 6. The Parties may agree to modify this schedule without the necessity of a Court Order. Although the parties may orally modify this Agreement and the Court Order, no modification shall be enforceable unless it is written and signed by both parties. It is specifically agreed between the Parties that visitation shall be as reasonable as possible under the circumstances. 7. The Parties intend and agree that this Custody Agreement shall be entered as an Order of Court in Cumberland County. Page 2of3 IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. WITNESSED BY: 3 .111 Sean M. Shultz Attorney for Mother John ngan Atto y for Father (SEAL) Connie Clifton Mother Z A to ? \/ EAL) Charles Ilaria Father EWflliam Clark () L14?E CtW j (SEAL) Amy Cl rk Page 3 of 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE CLIFTON, Plaintiff CIVIL ACTION - LAW IN CUSTODY CHARLES ILARIA and WILLIAM CLARK No. 2010- and AMY CLARK, Defendants CERTIFICATE OF SERVICE AND NOW, this 26`h day of February, 2010, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Complaint by U.S. First Class Mail, as follows: John Mangan, Esquire Bayley & Mangan 17 West South Street Carlisle, Pennsylvania 17013 Attorney for Defendant Charles Ilaria William Clark Amy Clark 13 W. Butler Street Mt. Holly Springs, Pennsylvania 17065 Defendants Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff LAW OFFICE OF SEAN M. SHULTZ, P.C. naR o ~ zmo S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE CLIFTON, Plaintiff CIVIL ACTION -LAW IN CUSTODY CHARLES ILARIA and WILLIAM CLARK No. 2010- I6Q 5 C i ~ ~ ( ( ~ and AMY CLARK, . Defendants ORDER OF COURT ~ ~' ~j NOW, this _~ day of / l ~t~'G ~ , 2010, upon consideration of the within Complaint and attached Custody Agreement, the terms of the Agreement dated February 25, 2010, are hereby made an Order of Court. By the Court, ~~~~ , cn-_ a ~ w • e L~ft~ ~ ~ r_ cry ~_ ~ t ~j~ ~ C,i ~ / S ~~~Z ~ cn 3~~/rd MAR ~o ~ 200 IN fiHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONNIE CLIFTON, Plaintiff/Petitioner CHARLES ILARIA and WILLIAM CLARK and AMY CLARK, Defendants/Respondents CIVIL ACTION -LAW IN CUSTODY No. 2010- ~d ~~ ~~ v~ I ORDER AND NOW, this y~~ day of 2010, upon consideration of the within Petition and Exhibit, the Court being satisfied of the truth of the averments therein, and the Court further being satisfied that Petitioner is unable to pay any of the costs of these proceedings, it is therefore Ordered and Decreed that the Petitioner may, pursuant to Pa. R.C.P. 1920.62, proceed with a custody action in forma pauperis without payment of costs. Petitioner shall promptly notify the Court of any material change in income or financial condition during the pendency of this action. ~~~ J/ A ~ /_~/~ ~~ vim- ~. 1 :_ ~-' ~ ~f~, ~ G7 -~: N ~~~ 3 J yy~ ~"~ m 3/z/ w ~~ ~~ ~ ~~~~~ IN THE COURT OF COMMON PLEAS OF 20IQ~AR -4 PM IZ~ 3~- CUMBERLAND COUNTY, PENNSYLVANIA _ CONNIE CLIFTON, PE.NIv'S~-V~`NtA Plaintiff CIVIL ACTION -LAW IN CUSTODY CHARLES ILARIA and WILLIAM CLARK No. 2010- and AMY CLARK, : Defendants ACCEPTANCE OF SERVICE I, William Clark, Defendant in the above captioned matter hereby accept service of the Complaint for Partial Custody filed in the above captioned matter. Date: o~~~ ~ , 2010 William Clark F:\User FolderlFirm Docs\FOrtns\Litiga[ion\acceptancesvc OF ~~p~ARY IN THE COURT OF COMMON PLEAS OF yQ~p MpR -~ pM 12; 3~ CUMBERLAND COUNTY, PENNSYLVANIA CUMEi~:~~i..w~~pu ~Jt~NTy CONNIE CLIFTON, P~NIVS`~..U~.iViA Plaintiff . CIVIL ACTION -LAW IN CUSTODY CHARLES ILARIA and WILLIAM CLARK No. 2010- ~ ~~5 and AMY CLARK, Defendants ACCEPTANCE OF SERVICE I, Amy Clark, Defendant in the above captioned matter hereby accept service of the Complaint for Partial Custody filed in the above captioned matter. Date: ,~- a'7 , 2010 Amy Clar F:\User Folder\Firm Docs\Forms\litigation\acceptancesvc ~~rrlCE ~~r THE P~~~-',~'~OTRRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA~010 BAR -~ ~~~' ~~ O2 CONNIE CLIFTON, CUME~~ ~"~~ `~~f1V ~~ ~~~`~ FE4~~~.. Gi,II.A, Plaintiff . CIVIL ACTION -LAW IN CUSTODY CHARLES ILARIA and WILLIAM CLARK No. 2010-1095 and AMY CLARK, Defendants ACCEPTANCE OF SERVICE I, John Mangan, Esquire, accept service of the Complaint for Partial Custody in the above- captioned matter on behalf of my client, Charles Ilaria, and I certify that I am authorized to do so. Date: March ~, 2010 John ,Esquire Bayl y Mangan 17 West South Street Carlisle, Pennsylvania 17013 (717) 241-2446 Attorney for Defendant Charles Ilaria F:\User Folder\Firm Docs\FormsU.itigation\acceptance.svc