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HomeMy WebLinkAbout03-2406 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2406 CIVIL TERM KRISTY M. GREEN, plaintiff WESTON R. GREEN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 24th day of September, 2004, after hearing, all prior orders are vacated and replaced with the following: 1. The parties shall have shared legal custody of their daughter, Kayleigh Green, born March 20, 2001, and Dacoda Green, born October 15, 2002. 2. Mother shall have primary physical custody of the children subject to periods of partial physical custody in the Father as follows: A. Every other Thursday from 4:30 p.m. until Sunday at 7:00 p.m., except on Mother's Day, when the children shall be returned at 9:00 a.m. B. On Christmas in even-numbered years from Christmas Eve at 5:00 p.m. until noon on Christmas day. On Christmas in odd-numbered years, from noon on Christmas day until noon on December 26th. C. On Thanksgiving in even-numbered years from 4:00 p.m. on Thanksgiving day until 4:30 the day after. On Thanksgiving in odd-numbered years from 5:00 p.m. the evening before Thanksgiving until 3:00 p.m. on Thanksgiving day. D. On Father's Day from 9:00 a.m. until 9:00 p.m. E. At such other times as the parties shall agree. 3. Father shall pick the children up at the Shade . Gap Firehouse. Provided, however, that if he is more than 10 minutes late for the pickup, Mother does not need to wait for the custody transfer. The children shall be returned to Mother at the McDonald's restaurant on the Walnut Bottom Road in Carlisle. Father is cautioned about being late for these custody transfers. 4. Each party shall keep the other informed of their address and phone number at all times. 5. This Court shall retain jurisdiction. By the Court, Edward E. Guido, J. ,~ra W. Haggerty, Esquire For the Plaintiff ~hn C. Porter, Esquire For the Defendant Sheriff ~tI.bJ~.,.l > ~.l 09~O"; srs -. .. ViN'iWI,\SNN3d I I "'n",r, /"I' "-~. '~~"In" I\..U'C ,Ckf \."j'i;/~J_.Jd~'Ih.) 22: I \old L2 d3S ~UOl ,\bV10NOHlOtid 3fJl :lO 3::.l\:HQ-G31l-l KRISTY M. GREEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA v. NO. 03-2406 WESTON R. GREEN. JR. Defendant CIVIL ACTION-LAW IN CUSTODY DEFENDANT'S PRE-HEARING CUSTODY MEMORANDUM CERTIFICATE OF SERVICE I, John C. Porter, counsel for Defendant hereby certify that a copy of Defendant's Pre-hearing Custody Memorandum, was served upon Plaintiff's Attorney at her Office at 36 South Hanover Street, Carlisle, Pa. 17013, this _23rd_ day of September, 2004, by hand delivery. o\"'c~ ~or the Defendant John C. Porter, Esq. Pa Sup. Ct. ID# 90152 Stephanie E. Chertok, R.N., Esq. 61 West Louther Street Carlisle, Pennsylvania 17013 717-249-1177 (") c: :s:: .ut,; tl'lCn Z:.J:,:l :z(" d)~:~ --s; ~:;:;; J<:C ~(~~ ....~<-) J>'c: ~ -.. '" E: or:- ~ -0 N -J o .." :r ::;::n~ '0 'b_J --1-r, ..h;-o (,.4C-> ....'....rn o .,; J.~ ~Q. -0 :J:: y? o 0"\ KRIS1Y M. GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, P A v. NO. 0 a" .). '{Mol ~ J-u-- WESTON R. GREEN,JR., Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Kristy M. Green, who currendy resides at 155 E. North Street, Apartment A, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Weston R. Green, Jr., who currendy resides at 65 Quarry Hill Road, Newville, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following children: Name: Kayleigh Ann Green Dacoda Tytler Green Date of Birth: March 20, 2001 October 15,2002 Address: 155 E. North Street, Apt. A 155 E. North Street, Apt. A Carlisle, P A 17013 Carlisle, P A 17013 4. The children were bom during wedlock. 5. The children are presendy in the custody of Kristy M. Green, who resides at 155 E. North Street, Apt. A, Carlisle, Pennsylvania. 6. During the children's lifetimes, they have resided with the following persons and at the following addresses: 3 Name Address Date 155 E. North Street, Apt A Jan 2003 - present 155 E. North Street, Apt. A Birth - Jan 2003 Carlisle, P A 17013 Kristy Green Kristy and Weston Green 7. The mother of the children is Kristy M Green, who currendy resides at 155 E. North Street, Apartment A, Carlisle, Pennsylvania. 8. Mother of the children, Kristy M. Green is married. 9. The father of the children is Weston R. Green, J roo, who currendy resides at 65 Quarry Hill Road, Newville, Pennsylvania. 10. Father of the children, Weston R. Green, is married. 11. The relationship of Plaintiff to the children is that of Mother. 12. The relationship of Defendant to the children is that of Father. 13. The Defendant currendy resides with the following persons: it IS believed that the Defendant is currendy residing with family members. 14. The Plaintiff and Defendant have participated as a party in other litigation concerning the custody of the children in the Court of Common Pleas of Cumberland County, Pennsylvania, docket number 03-287, Civil Action, In Protection from Abuse. 4 15. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 16. The 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. 17. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor children since their births. She has: 1. Planned and prepared meals; 11. Bathed, groomed and dressed the children; 111. Purchased, cleaned and cared for the children's clothing; IV. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; VI. Put the children to bed nightly, attended the children in the middle of the night, and awakened the children in the morning. b. The children have a psychological bond with the Mother. c. Mother is able to provide a stable environment for the children. 5 18. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court award primary physical custody of the children to the Plaintiff/Mother. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. DATE 05 ~l 03 bJ:;rty~~dy ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff 6 CERTIFICATE OF SERVICE AND NOW, this 2-1 si- day of ~ 2003, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: John Porter, Esquire 61 West Louther Street Carlisle, PA 17013-2936 Respectfully submitted, Abom & Kutulakis, L.L.P. l~j~/&f~ ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff 7 VERIFICATION I KRISTY M. GREEN, verify that the statements made in this Custody , Complaint 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. ~ 4904 relating to unsworn falsification to authorities. Date 5'-;)/,. 03 fitf/l;~~ KRISM. GREEN AMERICANS WITH DISABILITIES ACT OF 1990 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. . (' ,< "~ 0 If ~ g tI) :k) c.2 :i .0....0 :ij: ~~1-M ~ ~ KRISTY M. GREEN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-2406 CIVIL ACTION LAW WESTON R. GREEN, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 12, 2003 at 9:30 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 hearinf,!. FOR THE COURT, M~ By: /s/ Hubert X. Gilroy, 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 . ~ ~ r--:~~t9- ~ ~~. "'v Co. i'e;.9 - ~ ~ 12- ~ ~ <C? Ee;, ~r?-~4vr9 fJ7'E:e;y VlNVl\lASf\1N3d )JNnoo G~';~nHi8Wno L I :8 .~d e Z A VW CO Al:JVlOJ\OHlOUd 38 :10 3Jl::l:!.O-G:nid JUN 1 7 2003 ~ KRlSTY M. GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW WESTON R. GREEN, JR., Defendant NO. 03 - 2406 CIVIL IN CUSTODY COURT ORDER ~ AND NOW, this " day of June, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled ~ Courtroom No. 5 of the Cumberland County Courthouse on the ~ day of A. ~ ' 2003, at 11:_ 0 " .M. at which time testimony will be taken in the above case. At this hearing, the Mother, Kristy M. Green, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each party's position on those issues, a list of witnesses who will be called to testify at the hearing, and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten (10) days prior to the mentioned hearing date. 2. Pending further order of this court, this court's prior order issued at Docket No. 03 - 287 as it relates to custody of the minor children, shall remain in effect. BY J. Edward E. Guido cc: ftara W. Haggerty, Esquire )John C. Porter, Esquire ~~" $ ~f!l ~'\ o \i1;\j\;fl\1,\SNN3d I I' I;'f.r ("'~. ,~.., '-','C','ln" /\.lJ~i' " ..; - '.",'.'\, tJ i.. l: :8 H\l 8 I j,:ilf' f:D I ,i. JO KRISTY M. GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW WESTON R. GREEN, JR., Defendant NO. 03 - 2406 CIVIL IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the children who are the subject of this litigation is as follows: Kayleigh Ann Green, born March 20, 2001 and Dacoda Tytler Green, born October 15, 2002. 2. A Conciliation Conference was held on June 12, 2003, with the following individuals in attendance: The Mother, Kristy M. Green, with her counsel, Kara W. Haggerty, Esquire; and the Father, Weston R. Green, Jr., with his counsel, John C. Porter, Esquire. 3. The parties separated in January of this year at which time Mother obtained a temporary protection order that excluded Father from the marital home. Pursuant to that order and an agreement reached by the parties, there is a prior order of court dated April 8, 2003 at Docket No. 03 - 287 which specifies a temporary custody order giving Mother primary custody and Father periods of temporary custody. Father has since filed his own Protection from Abuse action against Mother at Docket No. 03- 2686. At this point, Mother is seeking primary physical custody and Father is seeking primary custody. The status quo is pursuant to the April 8, 2003 order. The parties require a hearing and the conciliator recommends the entry of an order in the fonn as attached. f.t II f<( () :3 DATE KRISTY MARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 03-2406 CIVIL TERM WESTON R. GREEN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW, this 21 st day of July, 2003, the Plaintiff, Kristy Green, by and through her attorney, Kara W. Haggerty, of Abom & Kutulakis, UP, and avers the following: 1. A Hearing is scheduled in the above captioned matter before This Honorable Court on August 7, 2003, at 11:00AM; 2. The undersigned counsel is unavailable due to a previously scheduled Hearing in another custody matter, which is finishing up from a prior date; 3. The undersigned counsel has contacted opposing counsel, John Porter, who does not concur with the Plaintiffs Motion for Continuance. WHEREFORE, the Plaintiff respectfully request that This Honorable Court continue the August 7, 2003 Hearing. Respectfully submitted, ADOM & KUTT./LAKIS, L.L.P DATE 1.... ZI-o'S Ka W. Haggerty, Esq . e 36 outh Hanover Sttee Carlisle, Pennsylvania 170 3 (717) 249-0900 Attorney for Plaintiff ID #86914 ,-( KRISTY MARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 03-2406 CIVIL TERM WESTON R. GREEN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 21" day of July, 2003, I, Rhonda D. Rudy, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Motion for Continuance upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John C. Porter, Esquire 61 West Louther Street Carlisle, PA 17013-2936 MOM & KUTUL.4.KlS, LLP ~""~~ RhondaD. Rudy . >- I () >- 0: Lr. ~, 1.,,- ~. } <( W , - '..'J - Z () .o;";'~. :' ri.: ~.....,;;: '3 (,.< : .. " , -. '>- t, e/) r.-J <'V 2; '-~I ~::::! "'- - I U ( '.. "., ~.) "- ..2: i.L C") ::::; (.::) c.:'; U KRISTI MARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTI, P A v. NO. 03-2406 CIVIL TERM WESTON R. GREEN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW, this 21 st day of July, 2003, the Plaintiff, Kristy Green, by and through her attorney, Kara W. Haggerty, of Abom & Kutulakis, LLP, and avers the following: 1. A Hearing is scheduled in the above captioned matter before This Honorable Court on August 7, 2003, at II :OOAM; 2. The undersigned counsel is unavailable due to a previously scheduled Hearing in another custody matter, which is finishing up from a prior date; 3. The undersigned counsel has contacted opposing counsel, John Porter, who does not concur with the Plaintiffs Motion for Continuance. WHEREFORE, the Plaintiff respectfully request: that This Honorable Court continue the August 7, 2003 Hearing. Respectfully submitted, ABOM & KUTULAKlS, L.L.P DATE1--tl-o'S "- ~ , (-{ Ka W. Haggerty, Esq . e 36 outh Hanover Stree Carlisle, Pennsylvania 170 3 (717) 249-0900 Attorney for Plaintiff ID #86914 KRISTY MARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 03-2406 CIVIL TERM WESTON R. GREEN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 21" day of July, 2003, I, Rhonda D. Rudy, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Motion for Continuance upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John C. Porter, Esquire 61 West Louther Street Carlisle, PA 17013-2936 MOM & KUTULAKIS, LLP ~dr RhondaD. Rudy C.,... jVp s.1 0>- cr: " I..-~. ,.. LC () If) Lr. >- "'-. '~ -)E j~ () '" ~~:; -j (-"') C'J KRISTY MARIE GREEN, Plaintiff IN THE COURT OF COMMON p~003 CUMBERLAND COUNTY, PA v. NO. 03-2406 CIVIL TERM WESTON R. GREEN,JR., Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT ~ AND NOW, this J'I day of July, 2003, upon consideration of the attached Motion for Continuance, it is hereby Ordered and Directed as follows: 1. The Hearing scheduled before this Court on August 7, 2003 at 11 :OOAM is rescheduled for the JS'~day of 5e.r~003, at AJ/)~tn Courtroom No..s- of the Cumberland County Courthouse, at which time testimony will be taken in the above case. At this Hearing, the Mother, Kristy M Green, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, each party's position on those issues, a list of witnesses who will be called to testify at the Hearing, and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten (10) days prior to the mentioned Hearing date. 2. Pending further Order of this Court, this Court's prior Order issued at Docket No. 03-287 as it relates to custody of the minor children, shall remain in effect. Edward E. Guido, J. Distribution: I'~~ \.>\ "-.. ~~ f? ~' <\r-.r vKara W. Haggerty, Esquire .,john C. Porter, Esquire > ,', ,.' .- '~" \;1\~'J\-/i\li\SHi~3d , "'C'1" n' ;-' ',-""'n'" 1\':..1\, :', ," - ,'";"-~-,nl V :3 '::i :~-j (". 7 "<.1 c'lC en :-10 KRISTY M. GREEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA v. NO. 03-2406 WESTON R. GREEN. JR. Defendant CIVIL ACTION-LAW IN CUSTODY DEFENDANT'S MOTION TO EXCLUDE THE TESTIMONY OF SANDY HOOPS AND RACHEL FOWLER AND NOW, this 24th day of September, 2003, the Defendant, Weston R. Green, Jr., by and through his attorney, John C. Porter, avers the following: 1. A Complaint in this Custody Action was filed with this Court on May 21, 2003. 2. A Court Order Issued May 23, 2003, directed the matter and the parties to be heard before Conciliator Hubert X. Gilroy, Esquire on June 12,2003. 3. At the June 12,2003, Conciliation Conference it became known to the Plaintiff and her Counsel that the Defendant was challenging Plaintiff s Complaint for primary physical custody of the two minor children who are the subject of this custody dispute, Kayleigh Ann Green, born March 20, 2001, and Dacoda Tyler Green, born October 15, 2002. 4. At the June 12,2003, Conciliation Conference the parties were asked to provide information pursuant to C.C.R.P. 1915.3-4, insofar as it was then available. 5. Plaintiff mentioned approximately two fact witnesses. 6. On June 17th, 2003, this Court issued an Order which scheduled this Custody Action for Hearing on August 7, 2003. 7. That Order mandated that the parties should file with the Court and opposing Counsel at least ten (10) days prior to the mentioned hearing date a memorandum setting forth the history of the custody in the case, the issues currently before the court, each party's position on those issues, a list of witnesses who would be called to testify at the hearing, and a summary of the anticipated testimony of each witness. 8. On July 21, 2003, Plaintiff's Counsel filed a Motion for Continuance in the matter due to a scheduling conflict on the August 7, 2003, hearing date. 9. In an Answer to Plaintiff's Motion for Continuance, which answer was filed with this Court on July 22, 2003, Defendant's Counsel objected to the motion on the grounds that it was not in the best interests of the children to remain in the primary physical custody of the Plaintiff and that all delay in conducting a custody hearing in this matter should be avoided. 10. On or about July 22, 2003, the parties conferred via telephone conference call with the Court in this matter at which time this Court Granted Plaintiff's Motion for Continuance, recognizing that there was no emergency or request for special relief, that no immediate risk of harm to the children while in the custody of the Plaintiff existed, and that Plaintiff s counsel was unable to alter her schedule or find a substitute for the August 7,2003, hearing. 11. The Court's Order was memorialized in a written Order issued July 24, 2003 and the continuance re-scheduled the hearing for September 25, 2003. 12. This rescheduled date is approximately ninety-nine (99) days after the initial scheduling order.1 13. This July 24, 2003, Order ofthis Court again mandated to the parties that they file with the Court and opposing Counsel at least ten (10) days prior to the mentioned hearing date a memorandum setting forth the history of the custody in the case, the issues currently before the court, each party's position on those issues, a list of witnesses who would be called to testify at the hearing, and a surnnJary of the anticipated testimony of each witness. 14. Ten (10) days prior to the hearing date of September 2S, 2003, is September 15,2003. IS. On September 15,2003, Defendant's Counsel filed with the Court Defendant's pre-trial memorandum. 16. Defendant's Counsel immediately walked to Plaintiff's Counsel's Office and filed, on September 15, 2003, with Plaintiff's Counsel a copy of Defendant's pretrial memorandum. 17. While at Plaintiff's Counsel's Office, Defendant's Counsel was informed by Plaintiff's Counsel that he would not have his pretrial memorandum finished until the following day and that he would hand deliver a copy on that day. 18. Plaintiff's Counsel offered that Defendant's Counsel could wait until the following day, the promised day Plaintiffs Counsel would file his pretrial memorandum, to file Defendant's pretrial memorandum with Plaintiff's Counsel. I Pa.R.C,P. 1915.4(c) provides in pertinent part that custody "[t]ria1s before ajudge shall commence within 90 days of the date the scheduling order is entered." 19. Defendant's Counsel declined this offer. 20. The following day brought no pretrial memorandum to Defendant's Counsel's Office. 21. According to staff at Plaintiff s Counsel's Office delivery and filing of the pretrial memorandum with Defendant's Counsel was not attempted until Friday, September 19,2003. 22. Plaintiffs pretrial memorandum bears a time stamp that reflects that the pretrial memorandum was filed with the Court on September 19,2003. 23. When Plaintiff's Counsel purportedly found Defendant's Counsel's door locked on September 19,2003, Plaintiff's Counsel did not leave the memorandum in the mail slot. 24. Nor did Plaintiffs Counsel fax the memorandum to Defendant's Counselor place the memorandum in the mail, which mail typically arrives the next day. 25. The following business day, Monday September 22,2003, Plaintiff's Counsel made no effort to file the pretrial memorandum with Defendant's Counsel. 26. It was not until Defendant's Counsel contacted Plaintiff's Counsel's Office on Tuesday, September 23, 2003, to inquire as to the whereabouts of the pretrial memorandum that the memorandum was filed with Defendant's Counsel, and then not until hours later. 27. To wit, Defendant's Counsel did not receive the pretrial memorandum until less than 48 hours before the scheduled hearing. 28. This is in clear contravention of this Court's July 24, 2003, Order mandating that the memorandum be filed with the opposing counsel "at least ten (10) days prior to the mentioned hearing date." (Order of Court, July 24, 2003). 29. Similarly, Plaintiff s Counsel's reported attempted delivery of the memorandum on Friday September 19,2003, was also in clear contravention of this Court's July 24, 2003, Order mandating that the memorandum be filed with the opposing counsel "at least ten (10) days prior to the mentioned hearing date." (Order of Court, July 24, 2003). 30. While the Court's Order does not explain its rational for requiring this pretrial memorandum to be filed at least ten (10) days prior to the hearing, it is believed that the spirit of the order is to allow the parties to prepare for hearing and to avoid unfair surprise. 31. A continuance of this custody action, in light of Plaintiff s Counsel's failure to comply with the July 24, 2003, Order of Court IS NOT REQUESTED and would be anathema to the mandate ofPa. R.C.P. 1915.4, that custody cases be promptly disposed of. 32. Defendant's Counsel recognizes that, despite Plaintiffs late filing, a complete exclusion of all testimony on behalf of Plaintiff would be unfair and prejudicial. 33. However, a closer perusal of Plaintiffs pretrial memorandum reveals that in addition to a very tardy filing, Plaintiff has not provided the anticipated testimony of two witnesses listed, Sandy Hoops and Rachel Fowler. 34. While an explanation of the association to the parties of these two potential witnesses is provided, neither explanation states what Sandy Hoops' or Rachel Fowler's anticipated testimony will be. 35. Defendant's Counsel declares that Plaintiff's less than 48 hours notice (alone a violation of this Court's July 24, 2003, Order) and failure to provide complete disclosure constitutes unfair surprise and prejudice against Defendant as regards preparation for the hearing. WHEREFORE, the Defendant respectfully requests that This Honorable Court exclude from testimony Sandy Hoops and Rachel Fowler at the impending September 25, 2003, hearing and that this Court Order that Plaintiff shall pay the Defendant's attorney's fees associated with the filing the aforementioned motion, such fees being $250.00. Respectfully submitted, September 24, 2003 J"2::,~i~ Counsel for the Defendant Sup. Ct. I.D. 90152 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. l- fJcA-- Attorn KRISTY M. GREEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA v. NO. 03-2406 WESTON R. GREEN. JR. Defendant CIVIL ACTION-LAW IN CUSTODY CERTIFICATE OF SERVICE I, John C. Porter, Counsel for the Defendant, do hereby certifY that this 24th day of September, 2003, I did serve a true and correct copy of the forgoing Motion upon the Plaintiff by hand delivery to: John A. Abom, Esquire Plaintiff's Counsel 36 South Hanover Street Carlisle, PA 17013 Respectfully Submitted, c~ John C. Porter, Esquire 61 West Louther Street Carlisle, P A 17013 (717) 249-1177 KRISTY M. GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2406 CIVIL TERM WESTON R. GREEN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 25th day of September, 2003, after hearing, all prior custody orders are vacated, including that portion of the Temporary Protection From J\buse Order dated April 8, 2003, which deals with custody, and are replaced with the following: 1. The parties shall have shared legal custody of Kayleigh Green, born March 20, 2001, and Dacoda Green, born October 15, 2002. 2. Mother shall have primary physical custody of the children subject to periods of partial physical custody in Father as follows: A. Every Thursday from 4:00 p.m. until 8:00 p.m. B. Every Friday from 4:30 p.m. until 8:00 p.m. C. Every other weekend from Friday at 4:30 p.m. until Sunday at 7:00 p.m., except on Mother's Day, when the children shall be returned on Sunday at 9:00 a.m. D. On Christmas in even-numbered years from Christmas Eve at 5:00 p.m. until noon on Christmas day. On Christmas in odd-numbered years from noon on Christmas day until noon on December 26th. E. On Thanksgiving in even-numbered years from 4:00 p.m. Thanksgiving day until noon the day after. On Thanksgiving in odd-numbered years from 5:00 p.m. the evening before Thanksgiving until 3:00 p.m. on Thanksgiving day. F. On Father's Day from 9:00 a.m. until 9:00 p.m. G. At such other times as the parties shall agree. 3. Father shall pick the children up and drop them off at the baby-sitter's home on his periods of weekday visitation. He shall pick the children up at the baby-sitter and drop the children off at the maternal grandparents' home during weekend visitation. He shall pick them up and drop them off at the maternal grandparents' home during holiday visitation. Until further Order of Court, the parties are not to be in contact with each other during periods of custody transfer. 4. The parties shall exchange e-mail addresses so they may be in contact on a daily basis. They shall e-mail each other at least once per day to communicate something positive about their children. They shall also contact each other by e-mail for purposes of emergencies. Phone calls for purposes of emergencies shall be effectuated by third parties. Wife shall contact husband through her parents or Mrs. Sheetz. Husband shall contact wife through one of his sisters. 5. Each party shall complete, at his or her own expense, the Inner Works Seminar For Separating Families within 60 days of today's date. John A. Abom, Esquire Attorney for Plaintiff John C. Porter, Esquire Attorney for Defendant ~~- 9. J. 9.03 9-. srs VI'!-Ni\lJSNN3d II ~\ In:-"-', nt",f\I-\:lQ'M",'" ~"l'\" ._.,." '........,'if,\t...J ~s tS 1,l'J ElZ d3S to ,,-,,;,\._,,,(',,,, (.v ~u', -'0 f\~'QJ,. -/''''-', ._.".-",-,,;.l ..,7\.... .... j:Yd~o-GJ.;\~ KRISlY MARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v: NO. 03-2406 CIVIL TERM WESTON R. GREEN,]R., Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER 1. The Petition of Plaintiff, Kristy M. Green, respectfully represents that on September 25, 2003, an Order of Court was entered for primary physical custody for the Mother and partial physical custody for Father, a true and correct copy of which is attached. 2. This Order should be modified because: a. The mother is no longer residing in Cumberland County. Her current address is HC #61, Box 30, Shade Gap, Huntington County, PA, 17255; b. Mother is currendy seeking employment in the Huntington County area. It is anticipated that any employment that Mother obtains will be a Monday through Friday, daytime position; c. Mother has made numerous offers for modification of custody, all of which have been refused by Father; d. Mother is the parent more likely to foster a relationship between the children and their Father. 1. Father has insisted that custody exchanges take place at Wal-Mart, which is in violation of the Court's Order directing the parents not to have contact with one another during the custody exchanges. ii. Father is being cited with harassment, disorderly conduct, and reckless driving, for initiating a confrontation with the maternal grandfather on Easter Sunday during the custody exchange. 111. At the custody exchange on Easter Sunday, Father failed to return Dacoda's antibiotics, and refused to return them when it was brought to his attention. The Pennsylvania State Police did intervene in order to provide Mother with the child's medication. e. Father routinely appears late at all custody exchanges. f. Father has initiated confrontations with Mother in the presence of the children at custody exchanges. g. Mother has concerns about the children's safety and well-being while they are in the custody of their Father. h. Mother believes, and therefore avers, that the parties would benefit from a psychological evaluation and/or custody evaluation. WHEREFORE, Petitioner requests that This Honorable Court modify the existing Order for Partial Custody and order the parties to undergo a psychological and/or custody evaluation because it will be in the best interests of the children. Respectfully submitted, ABOM & KUTULAKIS, L.L.R Date: olt/l3, fo+ ~,~ct LD. #86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Kristy Green, verify that the statements made in this PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER 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. ~ 4904 relating to unsworn falsification to authorities. Date '-I - { d- 0 "'{ K:~?:JM/ KRISTY :MARlE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 03-2406 CIVIL TERNI WESTON R. GREEN,]R., Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this R-f1aay of April, 2004, I, Kara W Haggerty, Esquire, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John C. Porter, Esquire 61 West Louther Street Carlisle, PA 17013-2936 AB~ & KUTULAKlS, LLP ~W~ Kara W Haggerty, s . e I.D. #86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ) - EXHIBIT A KRISTY M. GREEN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY~VANIA NO. 03-2406 CIVIL TERM WESTON R. GREEN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 25th day of September, 2003, after hearing, all prior custody orders are vacated, including that portion of the Temporary Protection From Abuse Order dated April 8, 2003, which deals with custody, and are replaced with the following: Kayleigh Green, born March 20, 2001, and Dacoda Green, born 1. The parties shall have shared legal custody of October 15, 2002. children subject to periods of partial physical custody in Father 2. Mother shall have primary physical custody of the as follows: A. Every Thursday from 4:00 p.m. until 8:00 p.m. B. Every Friday from 4:30 p.m. until 8:00 p.m. until Sunday at 7:00 p.m., except on Mother's Day, when the C. Every other weekend from Friday at 4:30 p.m. children shall be returned on Sunday at 9:00 a.m. D. On Christmas in even-numbered years from Christmas Eve at 5:00 p.m. until noon on Christmas day. On Christmas in Odd-numbered years from noon on Christmas day until noon on December 26th. 4:00 p.m. Thanksgiving day until noon the day after. On E. On Thanksgiving in even-numbered years from before Thanksgivinq until 3:00 p.m. on Thanksgiving day. Thanksgiving in Odd-numbered years from 5:00 p.m. the evening - EXHIBIT A - F. On Father's Day from 9:00 a.m. until 9:00 p.m. G. At such other times as the parties shall agree. 3. Father shall pick the children up and drop them off at the baby-sitter's home on his periods of weekday visitation. He shall pick the children up at the baby-sitter and drop the children off at the maternal grandparents' home during the maternal grandparents' home during holiday visitation. weekend visitation. He shall pick them up and drop them off at to be in contact with each other during periods of custody transfer. Until further Order of Court, the parties are not other at least once per day to communicate something positive they may be in contact on a daily basis. They shall e-mail each 4. The parties shall exchange e-mail addresses so about their children. They shall also contact each other by e-mail for purposes of emergencies. Phone calls for purposes of shall contact wife through one of his sisters. contact husband through her parents or Mrs. Sheetz. Husband emergencies shall be effectuated by third parties. Wife shall 5. Each party shall complete, at his or her own expense, the Inner Works Seminar For Separating Families within 60 days of today's date. John A. Ahom, Esquire l~ttorney for Plaintiff John C. Porter, Esquire Attorney for Defendant TRUE COPY FROM RECORD In T eslimooy whereof, I here unto set my hand and tIlll SMi 01 sald at G.ilUsle. Pa. rllll-; 'to "v of srs ~ "....., lIDlE:@lE:itWL1 I SEP dO 2003 ~ BY: .................... ""- ~ c) ...., ~ ~ = 0 ;>: c: .;:;::) "Tl J..- W !J ,~ :;:l - -;) _.'.-"'Tl ~ -.0 ::G n'r. \>> -nrn ..., -Jt' ..., ~ w S~(? 't> ~ ....., 1'> ~-"'" :~>?5 e f. -'rn C, t_ .~ <."1 c; KIUSTY MARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 03-2406 CIVIL TERM WESTON R. GREEN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY AMENDMENT TO PETITION FOR CIVI[L CONTEMPT AND PETITION FOR SPECIAL RELIEF IN CUSTODY CASE PURSUANT TO 42 Pa.C.S.A. ~1915.13 AND NOW, this ~~ of April, 2004, comes the Petitioner, Kristy Marie Green, by and through her attorney, Kara W. Haggerty, Esquire, of ABOM &: KUTUL~KIS, LLP, and amends the Petition for Civil Contempt by filing this Petition for Special Relief, and in support thereof avers as follows: 1. On September 25, 2003, This Honorable Court entered an Order of Court awarding the Petitioner/Mother, Kristy M. Green, primary physical custody of the minor children, Kayleigh Green and Dacoda Green, and partial physical custody for Respondent/Father, Weston R, Green, Jr., a copy of which is attached as Exhibit "A". 2. On or about April 13, 2004, the Petitioner filed a Petition for Modification of a Partial Custody Order, which is pending before This Honorable Court. A copy of Petition is attached as Exhibit "B". 3. This Honorable Court's Order provided two (2) custody exchange locations, either the babysitter's home or the maternal grandparents' home. 4. Petitioner had moved and the parties have been unable to agree on a modification of custody which prompted Petitioner to file a Petition for Modification of a Partial Custody Order. 5. Since the time that Petitioner moved out of the area, the parties have no longer utilized the services of their babysitter, eliminating that location for custody exchanges. 6. Respondent had been insisting that Petitioner meet him at Wal-Mart to exchange custody or he would refuse to return the children. Petitioner had been accommodating Respondent's requests, on a temporary basis, to ensure that she would be returned custody of the children. 7. Father is being cited with harassment, disorderly conduct, and reckless driving, for initiating a confrontation with the maternal grandfather on Easter Sunday during the custody exchange at the maternal grandfather's home. 8. At the custody exchange on Easter Sunday, Father failed to return Dacoda's antibiotics, and refused to return them when it was brought to his attention, The Pennsylvania State Police did intervene in order to provide Mother with the child's medication. 9. Petitioner believes, and therefore avers, that her and her children's safety would be in jeopardy if she personally appears for a custody exchange. 10. Respondent has been physically abusive to Petitioner in the past which resulted in This Honorable Court ordering custody exchanges to occur with third parties and not the parents themselves. 11. On or about April 15, 2004, the Father picked the subject minor children up at the maternal grandparents' home and indicated to the maternal grandmother that he would not be returning the subject minor children nor did he disclose where he would be taking the subject minor children. 12. At the time of filing this Petition the Respondent/Father has not returned the children to the Petitioner/Mother and the whereabouts of the subject minor children are not known. 13. On or about April 16, 2004, the Respondent/Father contacted the Petitioner via email insisting that the Petitioner/Mother meet him at Wal-Mart to exchange custody of the subject minor children, which is in direct violation of the Court's Order directing the parents not to have contact with one another during the custody exchanges. A copy of the email is attached as Exhibit "C". 14. Petitioner/Mother is concerned about the children's whereabouts, safety and well-being while they are in the custody of their Father. WHEREFORE, Petitioner prays that this Honorable Court schedule a brief Hearing on this Petition for Special Relief, direct Respondent to pay the costs and attorney's fees associated with Petitioner bringing this Petition, and Order Petitioner to retain physical custody of the subject minor children pending further Order of Court. Respectfully submitted, ABOM & KUTULAKlS, L.L.P, Date: ~LJ- (~-/ Kara W. Haggerty, E q LD, #86914 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 A ttorney for Petitioner SEP, 26, 2003 (FRI) 10,21 COURTS PAGE. 1 KRIST); M. GREEN, Plaintiff v. IN THE COUR:~ OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2406 CIVIL TERM WESTON R. GREEN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT hearing, all prior custody orders are vacated, including that portion of'the Temporary Protection From Abuse Order dated April 8, 2003, which deals with custody, and are replaced with the following: 1. The parties Shall have shared legal custody of AND NOW, this 25th day of September, 2003, after Kayleigh Green, born March 20, 2001, and Dacoda Green, born October 15, 2002. 2. Mother shall have primary physical custody of the children subject to periods of partial physical custody in Father as follows: E. On Thanksgiving in even-numbered years from 4:00 p.m; Thanksgiving day until noon, the day after. On Thanksgiving in odd-nUmbered years from 5:00 p.m. the before. ThanlcSgiving,'until 3:00 p.in. on Thanksgiving day. SEP. 26. 2003 (FRI) 10: 21 COURTS PAGE. 2 F. On Father's Day from 9:00 a.m. until 9:00 p.m. G., At such other times as the parties shall agree.' 3. Father shall pick the children up and drop them off at the babY-sitter's home on his periods of weekday visitation. He sh..ll pick the- children up at the baby-sitter and drop the children off at the maternal grandparents' home during weekend visitation. He shall pick them up and drop them off at the maternal grandparents' home during holiday visitation. Until further Order of Court, the parties are not to be in contact with each other during p'3riOds of custody transfer. 4. The parties shall exchang'3 e-mOlil addresses so they may be in contact on a daily basis. They shall e-mail each other at least once per day to communicate something positive about their children. ,They shall also contact each other by e-mail for purposes of emergencies. Phon", calls for purposes of emergencies Shall be effectuated by third parties. Wife shall contact husband through her parenj:.s Or Mrs. Sheet~. Husband shall contact wife through one of his sisters. 5. Each party shall complete, at his or her own expense, the'Inner Works Seminar For Separating Families within 60 days of today's date. John A. Ahorn, Esquire Attorney for Plaintiff John C. Porter, Esquire Attorney for Defendant srs KRISTY J\L-\RIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTI: PA v. NO. 03-2406 CIVIL TERJ\f WESTON R. GREEN, JR., Defendant CIVIL ACTION - L\W : IN CUSTODY ORDER OF COURT You, Weston R. Green, Jr., Respondent, have been sued in Court to modify custody, partial custody, or visitation of the children: Kayleigh Green and Dacoda ' Green. You are ordered to appear in person at the Jury Assembly Room, 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, on the day of ,2004, at ,m., for a custody conciliation conference. If you fail to appear as provided by this Order, an order for custody, partial custody, or visitation may be entered against you or the Court may issue a warrant for your arrest. Date: By the Court: 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, CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 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. KRISTY :MARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v: NO. 03-2406 CIVIL TERM \VESTON R. GREEN,]R., Defendant CIVIL ACTION - LAW IN CUSTODY C) "", ~.".~ ,:-::) 0 . - 5;:2 fJ ~~.. --f ...-, ;- ;:J J-;-11 ~!] ,-- -nfTl W ::::;0 r:;-t(~) The Petition of Plaintiff, Kristy M. Green, respectfully represen~$that5(:>n i:5~i: ~"--. {3 i.---;rri . " ,"'f September 25, 2003, an Order of Court was entered for primary physical cuilfodJ(1or ~5. PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER ,.;.. I::' 1. the Mother and partial physical custody for Father, a true and correct copy of which is attached. 2. This Order should be modified because: a. The mother is no longer residing in Cumberland County. Her current address is HC #61, Box 30, Shade Gap, Huntington County, PA, 17255; b. Mother is currently seeking employment in the Huntington County area. It is anticipated that any employment that Mother obtains will be a Monday through Friday, daytime position; c. Mother has made numerous offers for modification of custody, all of which have been refused by Father; d. Mother is the parent more likely to foster a relationship between the children and their Father. 1. Father has insisted that custody exchanges take place at Wal-Mart, which is in violation of the Court's Order directing the parents not to have contact with one another during the custody exchanges. 11. Father is being cited with harassment, disorderly conduct, and reckless driving, for initiating a confrontation with the maternal grandfather on Easter Sunday during the custody exchange. 111, At the custody exchange on Easter Sunday, Father failed to return Dacoda's antibiotics, and refused to return them when it was brought to his attention. The Pennsylvania State Police did intervene in order to provide Mother with the child's medication. e. Father routinely appears late at all custody exchanges. f. Father has initiated confrontations with Mother in the presence of the children at custody exchanges. g. Mother has concerns about the children's safety and well-being while they are in the custody of their Father. h. Mother believes, and therefore avers, that the parties would benefit from a psychological evaluation and/or custody evaluation. WHEREFORE, Petitioner requests that This Honorable Court modify the existing Order for Partial Custody and order the parties to undergo a psychological and/ or custody evaluation because it will be in the best interests of the children. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: D4-/I3, (DL( ~g!rr I.D. #86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Ph~ntiff VERIFICATION I, I<risty Green, verify that the statements made in this PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER 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. ~ 4904 relating to unsworn falsification to authorities. ~j;-71I~~ ~~en Date Lf -{ d- 0....1 KRISTY J\1ARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 03-2406 CIVIL TERM WESTON R. GREEN,JR., Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this Ji. i1Jay of April, 2004, I, Kara W Haggerty, Esquire, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John C. Porter, Esquire 61 West Louther Street Carlisle, PA 17013-2936 AB~ & KUTUL4KIS, LLP &W~~ Kara W Haggerty, s . e 1.0. #86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff - EXHIBIT A ' KRISTY M. GREEN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY~VANIA NO. 03-2406 CIVIL TERM WESTON R. GREEN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 25th day of September, 2003, after hearing, all prior custody orders are vacated, including that portion of the Temporary Protection From Abuse Order dated April 8, 2003, which deals with custody, and are replaced with the following: 1. The parties shall have shared legal custody of Kayleigh Green, born March 20, 2001, and Dacoda Green, born October 15, 2002. 2. Mother shall have primary physical custody of the children subject to periods of partial physical custody in Father as follows: A. Every Thursday from 4:00 p.m. until 8:00 p.m. B. Every Friday from 4:30 p.m. until 8:00 p.m. C. Every other weekend from Friday at 4:30 p.m. until Sunday at 7:00 p.m., except on Mother's Day, when the children shall be returned on Sunday at 9:00 a.m. D. On Christmas in even-numbered years from Christmas Eve at 5:00 p.m. until noon on Christmas day. On Christmas in odd-numbered years from noon on Christmas day until noon on December 26th. E. On Thanksgiving in even-numbered years from 4:00 p.m. Thanksgiving day until noon the day after. On Thanksgiving in odd-numbered years from 5:00 p.m. the evening before Thanksgivinq until 3:00 p.m. on Thanksgiving day. DVUTUT'T'i\ F. On Father's Day from 9:00 a.m. until 9:00 p.m. G. At such other times as the parties shall agree. 3. Father shall pick the children up and drop them off at the baby-sitter's home on his periods of weekday visitation. He shall pick the children up at the baby-sitter and drop the children off at the maternal grandparents' home during weekend visitation. He shall pick them up and drop them off at the maternal grandparents' home during holiday visitation. Until further Order of Court, the parties are not to be in contact with each other during periods of custody transfer. 4. The parties shall exchange e-mail addresses so they may be in contact on a daily basis. They shall e-mail each other at least once per day to communicate something positive about their children. They shall also contact each other by e-mail for purposes of emergencies. Phone calls for purposes of emergencies shall be effectuated by third parties. Wife shall contact husband through her parents or Mrs. Sheetz. Husband shall contact wife through one of his sisters. 5. Each party shall complete, at his or her own expense, the Inner Works Seminar For Separating Families within 60 days of today's date. By the 4;j~"ft" . John A. Abom, Esquire Attorney for Plaintiff If'd:::",,~r;, f . ;'~~~- 'L~~~',' k1 TI~Zi'.~,..;':,'.-:,;" '.;'.{:-', 'r..... ;,_'.-""! ~q;);~:;[~;Sif rrO~_i~iDi;~i)t~rt! John C. Porter, Esquire Attorney for Defendant srs ___n Original Message _____ From: <Wescodykay@aoI.com> To: ""KRlSTY"" <kmjumper@pa.net> Sent: Friday, April 16,20049:15 AM Subject: Re: Kayleigh and Dacoda > you, KRISTY not anyone else, can meet me at wal mart tonight at 8pm if your dad is there you will not get them he is not part of the exchanges this is my normal time to drop the kids off with you on friday evenings when i do not have them for the weekend VERIFICATION Kara W. Haggerty, Esquire, states that she is the attorney for the party filing the foregoing docwnent; that she makes this affidavit as an attorney for the Petitioner, because the party she represents for whom she makes this affidavit is outside the jurisdiction of the court, and verification of the Petitioner can not be obtained within the time allowed for the filing of the docwnent; and that she has sufficient knowledge or information and belief, based upon her investigation of the matters averred in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.eS.A. ~4904, relating to unsworn falsification of authorities. Respectfully submi1:ted, ABOM & KUTULAKIS, L.L.P DATE j~w. Kara W. Haggeny, E 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner ID #86914 KRISTY MARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PA v. NO. 03-2406 CIVIL TERM WESTON R. GREEN,]R., Defendant CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~f April, 2004, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT upon all counsel of record by depositing, or causing to be deposited, same in the U,S. mail, First-Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John C. Porter, Esquire 61 West Louther Street Carlisle, PA 17013-2936 ABOM & KUTULAKIS, LLP -VaAa [)). ~ Kara W. Haggerty, J.D. #86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner n (:~ '.-.) r....... "" c:.;> c:.,~.) -- o -n :;;:! h~:n ,-.... -piTl ::,10 :~.t :~l ::.1 <) r"..) ,f! :!:-,. .......J c'-, KRISTY MARIE GREEN, Plaintiff I\pr 2004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO, 03-2406 CIVIL TERM WESTON R. GREEN,JR" Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Ie ~ day of April, 2004, upon consideration of the within Petition for Special Relief, a brief hearing is set on the matter for Monday, the 19th day of April, 2004, at 10:00 a.m., in Courtroom No.5 of the Cumberland County Courthouse, Carlisle, PA, Petitioner shall retain physical custody of the subject minor children pending further Order of Court. BYlHE COUK'4 ). J. .(V Distribution: Kara W. Haggerty, Esquire 36 South Hanover Street Carlisle, P A 17013 C!.Oft~ ?~~{'/ 91~ John C. Porter, Esquire 61 West Louther Street Carlisle, P A 17013-2936 rl.ot y hta lls.cL 1f/llD/Qi.( S:.rrr; E,Z:8 Vl Q I \1 ,nl H'~01 ) i r,<'"l ~ ',iJU(" ;.,.h;;!.ll,::J><~ritOdd 3Ht ~O -C\c::U:lQ-G']l',\ KRISTY MARIE GREEN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-2406 CIVIL ACTION LAW WESTON R. GREEN, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, April 16, 2004 , 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, May 21, 2004 , the conciliator, at 9:30 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 aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinll. FOR THE COURT. By: Is/ Hubert X. l-ri[rQY. Rsq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 'r./ ~..~ ~~ ~ 'rJW~ ~~ ~ ~ ~1;~Cle-1; ~ r -P ~ 4 'P94t7.c;t<>ff qIt:? U I .- 0,":;:1 n"" ,., I O' 0'(. (/i 'J 1.UZ '.;/"-,:.1 i /"'-'{ ....,~ '1 ,. . "".., 1.,j,"jUC ::;,-1 -I " ~':" ,I_~;"-:I-:Jl' I ~"' ~ .. .,'...... '.'.:1 ,i- KRISTY MARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2406 CIVIL WESTON R. GREEN, JR., Defendant IN CUSTODY ORDER OF COURT AND NOW, this 19th day of April, 2004, Paragraph 3 of our Order dated Septeml::er 25, 2003, is modified to provide that the custody transfers shall be effectuated at Wal-Mart. In all other respects, said Order shall remain the same. By the Court, ::; -l Edward E. Guido, J. ~ara W. Haggerty, Esquire For the Plaintiff ~hn C. Porter, Esquire For the Defendant > ~0 ~.l. p,~ OL./-').}-oy srs KRISTY MARIE GREEN, Plaintiff JUN 0 3 2004 r- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW WESTON R. GREEN, JR., Defendant NO. 2003 - 2406 IN CUSTODY ~ AND NOW, this ~ day of June, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The parties shall submit themselves to a custody evaluation to be performed by Guidance Associates. The parties shall include in the evaluation the children and milke the children available for the evaluation. Additionally, in the event the evaluator desires to have any boyfriends/girlfriends of the parties involved in the evaluation, each party shall ensure that their significant other is involved in the evaluation. This shall be an independent evaluation with the evaluator having the ability to share the results with legal counsel for both parties. Cost of the evaluation shall be paid for by the mother. 2. Upon conclnsion of the evaluation and in the event the parties are unable to reach an agreement at that particular time, legal counsel for the parties may contact the Conciliator directly to schedule another Custody Conciliation Conference to determine whether this case needs to be scheduled for a hearing. 3. Pending further order of this Court, this Court's prior order of September 25, 2003 as amended by the order of April 19, 2004 shall remain in affect. COURT ORDER BY THE COURT, ~ Judge Edward E. Guido cc: Kara W. Haggerty, Esquire John C. Porter, Esquire ~ ~ I..-07-V'f (I-, , -""18 "...,'" ,. ':' '~. tll] : I :1d L - nnr 11llGl }\:j\lCt'10'\'~lC)t!d 31-11 :\0 3~:YI:,:1::fO-03lU JUN 0 3 2004 Y KRlSTY MARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW WESTON R. GREEN, JR., Defendant NO. 2003 - 2406 IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kayleigh Green, born March 20, 2001 and Dacoda Green, born October 15, 2002. 2. A Conciliation Conference was held on May 21, 2004, with the following individuals in attendance: The mother, Kristy M. Green, with her counsel, Kara Haggerty, Esquire, and the father Weston R. Green, Jr., with his counsel, John Porter, Esquire. 3. There is an existing order in this case from September 2003 which was entered by the Court after a hearing. Since that time, mother has relocated from the Cumberland County area to Shady Gap which is in Huntington County and is approximately one hour away. Mother has fIled a petition to modify the existing order. The existing order provides for every Thursday and Friday evening and alternating weekends. Mother is desirous of eliminating the Thursday and Friday evenings and entering an order simply on alternating weekends. Father is suggesting that under the circumstances a week-on/week-off custody arrangement would be more appropriate or, in the alternative, alternating weekends which would expand into the week to give him more time with his children. The parties are unable to reach an agreement. The mother suggests she is willing to incur the costs of a custody evaluation. 4. Based upon the above, the Conciliator recommends an order in the form as attached. ~./d-- olf DATE " ~ JUL 2 8 2004 \l KRISTY MARIE GREEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW WESTON R. GREEN, JR., Defendant NO. 2003 - 240~, IN CUSTODY COURT ORDER AND NOW, this 30~ day of July, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as foUows: ~ 1. A hearing is scheduled in the above case in Courtroom No. of the Cumberland County Courthouse on the ~LI"~ day of ~ ' 2004, at lrl1!L ~ .m. At this hearing, mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall tile with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses each party will call to testify at the hearing, and a summary of anticipated testimony of each witness. This memorandum shall be tiled at least 5 days prior to the mentioned hearing date. 2. Pending further order of this Court, the Court's prior order of September 25, 2003 is amended by the order of April 19, 2004 and shall remain in affect. Judge cc: Kara W. Haggarty, EsqUir~~ John C. Porter, Esquire ) ~ 1-:\0 6{ .Jb- \fli-.,;Vf\lAShlN'3d 'IN'nn'' 11' ,..., ".,,..,,, :C\r'\ I' j L-",,; '-X,' ','::'I-:~r}1'.; Iv L'1 :6 Wi OS lf1r ~UOZ J-..ti'lilONOHl08d 3H1 dO 3JI:!:l0-G31i:l KRISTY MARIE GREEN, Plaintiff IN THE COURll OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW WESTON R. GREEN, JR., Defendant NO. 2003 - 2406 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The parties previously held a conciliation conference with the Conciliator on May 21, 2004, and attached hereto is a copy of the report from that conference. Subsequent to the conference, counsel for the mother contacted the Conciliator and indicated that the mother could not obtain the necessary funds to do the ,mstody evaluation that she had proposed. On that basis, the evaluation is not going to be performed on the parties at this point and the parties desire to proceed directly to a hearing,. 2. The Conciliator recommends an order in the form as attached. f) /9 lR/ {; Y DATE r I GEORGE MCCARDELL, CALVIN JUMPER, and MARlL YN JUMPER Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 06-1772 WESTON R. GREEN jR" CIVIL ACTION - LAW IN CUSTODY Defendant KRlSTY M GREEN (MCCARDELL),: IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, P A v. NO. 03-2406 CIVIL TERM WESTON R. GREEN,jR., Defendant CIVIL ACTION - LAW IN CUSTODY PETITION TO TRANSFER VENUE AND NOW, comes Petitioner, Kristy M. McCardell, by and through her attorney,jason p, Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P" and hereby files this Petition to Transfer Venue, and in support thereof avers as follows: 1. On or about Septcmber 24, 2004, This Honorable Court entered an Order granting Mother primary physical custody and Weston Green (Father) partial physical custody of the subjcct minor children. 2. On or about March 2004, Mother relocated with the children to Huntington County, Pennsylvania, with Father's concurrcnce. , 3. Mother and the children have resided in Huntington County, Pennsylvania since March 2004. 4. Father exercises custody with the children in accordance with This Court's Order dated September 24, 2004, which takes into consideration Mother and children living in Huntington County, 5. Mother avers that Huntingdon County, not Cumberland County, is the proper venue for this custody action, pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.A. Section 5401 et, seq., and that the custody action filed in Columbia County should be dismissed. 6. The provisions of the Uniform Child Custody Jurisdiction and Enforcement Act allocating jurisdiction and functions between and among courts of different states shall also allocate jurisdiction and functions between and among courts of common pleas of this Commonwealth. 23 Pa.C.S,A. ~ 5471. 7, The Court of Common Pleas of Cumberland County does not have exclusive, continuing jurisdiction over this custody matter because neither the children nor their Mother reside in or have a significant connection with Cumberland County, and substantial evidence is no longer available in Cumberland County concerning the children's care, protection, training and pcrsonal relationships. 23 Pa,C.S.A. ~5422, . WHEREFORE, Petitioner rcspectfully requests This Honorable Court to transfer jurisdiction over the above-docketed custody action to Huntington County, Pennsylvania. Respectfully submitted, ABOM & KUTUL1K15, LLP. DATE f ~ jJzJ -t)(. Jas n p, Kutulakis I No. 80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorn~y for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this t)/ day of April 2006, I, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Weston R. Green, Jr. 1 Marilyn Dn.ve Carlisle, PA 17013 Respectfully submitted, ADOM & KUTULAKlS, L.L.P. P. Kutulakis 10 0.80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney jor Plaintiffs '''->" ,'I , -. ~L ..,~~ \- KRISTY M GREEN (MCCARDELL), : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, P A v. NO. 03-2406 CIVIL TERM WESTON R. GREEN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY PETITION TO MAKE RULE ABSOLUTE To Judges of said Court: And now this 18th day of May, comes Plaintiff, Kristy M. Green, by and through her attomey,Jason P. Kutulakis, Esquire of ABOM & KUTULAKIS, LLP and respectfully moves this Honorable Court to Make Rule Absolute; 1. On May 1,2006, the Honorable M. L. Ebert issued a RULE TO SHOW CAUSE upon Defendant Weston R. Green, Jr., to show cause why the Petition ofKristy M. McCardell should not be granted; 2. Said Rule to Show Cause was answerable within ten (10) days. 3. More than ten (10) days have elapsed since the issuance of the Rule To Show Cause. WHEREFORE, the Plaintiff respectfully requests that this matter be made absolute and that an Order be entered forthwith granting Plaintiffs requests. Further, it is requested that the Custody Conciliation Conference that is scheduled for May 26, 2006, be cancelled. Date: May 18, 2006 Abom & Kutulakis, LLP ~~- ..r;,'- Jason P. Kutula s, Esquire 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 "\-/ . -.. CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of Section 33.32 (relating to service by a participant). Dated this 18th day of May, 2006. Weston Green 1010 Cranes Gap Road Carlisle, P A 171 03 r-.,,) = <:::',) <::l" ::I: > -< ~ =E nl:n r- '"'Om ':,:0,0 ('",l. :::;u '-,-r, ':)-'11 '7-0 ani ~ -< co ::I:> ~ - If? .s::- co . 6 '-l... KRISTY M GREEN (MCCARDELL), Plaintiff v. WESTON R. GREEN, JR., Defendant · MAY 1 !l ZDUb : IN THE COURT OF COMMON ~1\'S~ . f., : CUMBERLAND COUNTY, PA : NO. 03-2406 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~} J day of -1^'^y ,2006, upon consideration of the attached Petition to Make Rule Absolute, it is hereby ORDERED and DECREED that This Honorable Court transfer its jurisdiction over the above-docketed custody actions to Huntington County, Pennsylvania. Distribution: 40n P. Kutulakis, Esquire /Weston R. Green Jr., pro se c:. -\. .w~ '^- (p.,..L \;~5.::) The Honorable Edward E. Guido, J. -" \fiN'!f\1'\SN~8d , 't Inc' "" ,", '~'-'''n'' IU ~ i ..\ I . ,,' ':'-1~_'d~'1 v 7,S:2 Hd 22 J.VH900Z AtlVlONOHJCtid 3Hl :JO 381:HO-0311:1