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HomeMy WebLinkAbout05-3859 SHANE C. CLIFTON, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3859 CIVIL TERM CONNIE M. CLIFTON, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 10th day of August, 2005, after hearing on the Petition for Emergency Relief, we enter the following Order, which is meant to be temporary in nature and shall in no way prejudice the rights of either party at the upcoming conciliation or any hearing that may follow: 1. The parties shall have joint legal custody of ~ their child, Keira Lynn Clifton. 2. Father, Shane C. Clifton, shall have primary physical custody of the child, subject to periods of partial physical custody in Mother as agreed between the parties. 3. The child shall not be in the presence of Mark Baltimore under any circumstances until further Order of this Court. Guido, J. ~obert L. O'Brien, Esquire For the Plaintiff ~nnie M. Clifton ~ 1306 Ritner Highway Carlisle, PA 17013-9380 )1 C~ ~~ O~~.(~ srs \lINIf/'ilASNN3d AlNnm C1.'Il!:r:18V'Jn8 '10 :2 Wd 0 I ~JnV SOOZ AIN10NOHlOOd 3Hl :10 3::J1::\;\Q-031l:I . i I' SHANE C. CLIFTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- 3 S:q CIVIL TERM CONNIE M. CLIFTON, Defendant CIVIL ACTION-LAW CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Shane C. Clifton, an adult individual residing at 973 Big Spring Road, Shippensburg, Cumberland County, Pennsylvania 17257-9753. 2. Defendant is Connie M. Clifton, an adult individual residing at 1306 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013-9380. 3. Plaintiff seeks primary custody of the following child: Name Present Residence AQe Keira Lynn Clifton 973 Big Spring Road Shippensburg, Pennsylvania 17257-9753 2 The child was born out of wedlock. The child is presently in the custody of the plaintiff, who resides at 973 Big Spring Road, Shippensburg, Cumberland County, Pennsylvania 17257-9753. During the past five years, the child has resided with the following persons and at the following addresses: Name Address Date Shane C. Clifton Connie M. Clifton Ashley ilia ria Miranda lIIaria Bonnybrook Road Carlisle, Pennsylvania 17013 Birth - March, 2004 Shane C. Clifton Connie M. Clifton Ashley lIlaria Miranda ilia ria Sharon Clark 1306 Ritner Highway Carlisle, Pennsylvania 17013-9380 February, 2005 - May 30, 2005 Connie M. Clifton Ashley IlIaria Miranda lIlaria Sharon Clark Mark Baltimore Logan Clifton 1306 Ritner Highway Carlisle, Pennsylvania 17013-9380 May 30, 2005 - July 15, 2005 Shane C. Clifton Will Clifton Elaine Clifton 973 Big Spring Road July 15 - Present Shippensburg, Pennsylvania 17257-9753 The mother of the child is Connie M. Clifton, currently residing at 1306 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013-9380. She is married. The father of the child is Shane C. Clifton, currently residing at 973 Big Spring Road, Shippensburg, Cumberland County, Pennsylvania 17257-9753. He is married. \ 4. The relationship of plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Name Relationship Keira Lynn Clifton Will Clifton Elaine Clifton Daughter Father Mother 5. The relationship of defendant to the child is that of natural mother. The defendant currently resides with the following persons: Name Relationship Connie M. Clifton Ashley lIIaria Miranda IIlaria Logan Clifton Sharon Clark Mark Baltimore Mother Sister Sister Brother Maternal Grandmother None 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The defendant mother was addicted to crack cocaine and has again started using crack cocaine. When the plaintiff father was working the third shift and they were living in a trailer park on Bonnybrook Road, the mother was introduced to crack cocaine by one of the neighbors. She began using when the plaintiff father was at work. In February, 2004, when he found out that she was using crack, he demanded that she stop. She continued to use, so he left for a few months. She continued to use, leaving the children alone or with ,[ friends when she was using the drug. Eventually the parents spoke and she realized that she had to stop using. He agreed to move back in to help her as long as she was making an effort and that he would continue to assist her. The defendant mother has begun using crack cocaine again, and the father decided that he had to leave the home. B. The mother has addiction problems with drugs and alcohol. She has a D.U.1. conviction from a 2004 arrest and is currently serving every weekend in the County prison until February 2006, from Friday afternoon to Sunday afternoon. C. Recently the plaintiff father has found out that a convicted sex offender, a rapist, registered on the Megan's Law Website by the name of Mark Baltimore has taken up residence in the home. He is believed to be in a relationship with the defendant mother or the grandmother. This has prompted the plaintiff to take custody of his daughter Keira and seek relief through an emergency petition to confirm custody until such time as the matter can be referred to conciliation and court hearings. WHEREFORE, Plaintiff father, Shane C. Clifton, believes that the health and welfare of his daughter, Keira L. Clifton, age two, will be compromised by permitting any contacts with the mother in her home. The plaintiff respectfully requests the Court to grant him emergency primary custody of his daughter and that the mother's contact with the child be limited to supervised visits. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: ~f..M- Robert L. O'Brien, Esquire Attorney for Plaintiff \.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo\Oomestic\Clifton\custody.<:om VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct to the best of my knowledge, information and belief. This verification is signed by Robert L. O'Brien, Esquire, attorney for Mr. Clifton and is based upon statements provided by Mr. Clifton and other persons, as well as documents reviewed by the undersigned as attorney for Mr. Clifton I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~Db IJ-l Robert L. O'Brien, Esquire '" %:> "':~'.) CJ ':::::) '..n -r, r ~ ('....- ::;i if , (/]!:J;} i',) !',~-i c; ....... ....... Q .~'_.....~ (' 0 .. ..... \1\ ....... "<> v'- -... 11\ ...... '- -" ~ <.~. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2005- 3 <:jS'Cf CIVIL TERM SHANE C. CLIFTON, Plaintiff CONNIE M. CLIFTON, Defendant CIVIL ACTION-LAW CUSTODY PETITION FOR EMERGENCY RELIEF 1. Plaintiff is Shane C. Clifton, an adult individual residing at 973 Big Spring Road, Shippensburg, Cumberland County, Pennsylvania 17257-9753. 2. Defendant is Connie M. Clifton, an adult individual residing at 1306 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013-9380. 3. Plaintiff seeks primary custody of the following child: Name Present Residence AQe Keira Lynn Clifton 973 Big Spring Road Shippensburg, Pennsylvania 17257-9753 2 The child was born out of wedlock. The child is presently in the custody of the plaintiff, who resides at 973 Big Spring Road, Shippensburg, Cumberland County, Pennsylvania 17257-9753. During the past five years, the child has resided with the following persons and at the following addresses: Name Address Date Shane C. Clifton Connie M. Clifton Ashley IUaria Miranda (Uaria Bonnybrook Road Carlisle, Pennsylvania 17013 Birth - March, 2004 Shane C. Clifton Connie M. Clifton Ashley lIlaria Miranda IlIaria Sharon Clark 1306 Ritner Highway Carlisle, Pennsylvania 17013-9380 February, 2005 - May 30, 2005 Connie M. Clifton Ashley Ularia Miranda IUaria Sharon Clark Mark Baltimore Logan Clifton 1306 Ritner Highway Carlisle, Pennsylvania 17013-9380 May 30,2005- July 15, 2005 Shane C. Clifton Will Clifton Elaine Clifton 973 Big Spring Road July 15 - Present Shippensburg, Pennsylvania 17257-9753 The mother of the child is Connie M. Clifton, currently residing at 1306 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013-9380. She is married. The father of the child is Shane C. Clifton, currently residing at 973 Big Spring Road, Shippensburg, Cumberland County, Pennsylvania 17257-9753. He is married. 4. The relationship of plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Name Relationship Keira Lynn Clifton Will Clifton Elaine Clifton Daughter Father Mother 5. The relationship of defendant to the child is that of natural mother. The defendant currently resides with the following persons: Name Relationship Connie M. Clifton Ashley lIIaria Miranda ilia ria Logan Clifton Sharon Clark Mark Baltimore Mother Sister Sister Brother Maternal Grandmother None 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The defendant mother was addicted to crack cocaine and has again started using crack cocaine. When the plaintiff father was working the third shift and they were living in a trailer park on Bonnybrook Road, the mother was introduced to crack cocaine by one of the neighbors. She began using when the plaintiff father was at work. In February, 2004, when he found out that she was using crack, he demanded that she stop. She continued to use, so he left for a few months. She continued to use, leaving the children alone or with friends when she was using the drug. Eventually the parents spoke and she realized that she had to stop using. He agreed to move back in to help her as long as she was making an effort and that he would continue to assist her. The defendant mother has begun using crack cocaine again, and the father decided that he had to leave the home. B. The mother has addiction problems with drugs and alcohol. She has a D.U.1. conviction from a 2004 arrest and is currently serving every weekend in the County prison until February 2006, from Friday afternoon to Sunday afternoon. C. Recently the plaintiff father has found out that a convicted sex offender, a rapist, registered on the Megan's Law Website by the name of Mark Baltimore has taken up residence in the home. He is believed to be in a relationship with the defendant mother or the grandmother. This has prompted the plaintiff to take custody of his daughter Keira and seek relief through an emergency petition to confirm custody until such time as the matter can be referred to conciliation and court hearings. WHEREFORE, Plaintiff father, Shane C. Clifton, believes that the health and welfare of his daughter, Keira L. Clifton, age two, will be compromised by permitting any contacts with the mother in her home. The plaintiff respectfully requests the Court to grant him emergency primary custody of his daughter and that the mother's contact with the child be limited to supervised visits. II Respectfully submitted, O'BRIEN, BARIC & SCHERER I BY:~~ Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo\Domestic\Clifton\custody.com VERIFICATION I verify that the statements made in this Petition for Emergency Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: July 21 ,2005 S~~ SHANE C. C IFTON ~ tr ~ - ~ "'I ",. () ..... ()o \1\ ~ \('.. '" v _ v'- ~ c; ,., f'; C,) ~.~ :c::J _L~-n \\\r= I', ~J , ,r::~ G\ I ! ,:. 'J RECEIVED JUL 2 8 20~ , SHANE C. CLIFTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- 31r,S~ CIVIL ACTION-U\,W CUSTODY CIVIL TERM CONNIE M. CLIFTON, Defendant ORDER OF COURT AND NOW, this ,?r day of +y.-:r ,2005, PQn'iiRl! R.iI'tAsr 61d'::l of ~Olll;t, th9 vat~8r, ~~8nl: C. SIJlolI, ;;)1'ClIII.~Hc ..,"";111&1, pl.,~~al ",u~lvdy or ~(ciICl ~YII1I 0lifton, Be rI1 ,. :;lQII;i u_ ' 1 '" A hearing is set in thi?atter for the I 0 day of. ~ ' 2005 atlt 61 a.m.~ in Courtroom No. X of the Cumberland County Courthouse, Carlisle, Pennsylvania. THE C7T' -1 J. ~nnie M. Clifton 1306 Ritner Highway Carlisle, Pennsylvania 17013-9380 ~~dJ OCO 6J ~bert L. O'Brien, Esquire v-?:Srien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 OO;'I!ld !.-:JiWSODZ SHANE C. CLIFTON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-3859 CIVIL ACTION LA W CONNIE M. CLIFTON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 04, 200S , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 09, 200S , the conciliator, at 8:30 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 Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!?:. FOR THE COURT. By: Isl Hubert X Gilroy, ESQ. Custody Conciliator .Y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of ] 990. 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 HA VE 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 170]3 Telephone (7\7) 249-3166 . W> ~'# ~ ~ ~l 5C?,S-.8 . h 1:- ~ ~~ so.s$. ~,(/ r ~~ ~'PlfJ S(l.$$ \.,...1, - c] ,\.U\\i,-",,- I, -::1,rr'J 1 C :7 1') C- \ SUl1Z L ,.' v . . ;\0 5RECEIVED SEP 231005 SHANE C. CLIFTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CONNIE M. CLIFTON, Defendant NO. 05-3859 IN CUSTODY COURT ORDER r AND NOW, this ;:21 day of September 2005, the Conciliator appearing at the Custody Conciliation Conference along with Attorney O'Brien who appeared for the Plaintiff and no parties attending, the Conciliator relinquishes jurisdiction in the case at this time. WI C) ...., 0 <= <:;, =0 -n CJ"' '. ::rl-n . ",> rn fll--: -0 -cEo N -~-1 \_,J -.l :1\~~ -v " -,,," > .-... C~fn ~c-; r::' .c.j ..<- )'> --I v.) ~D -c -J -~