HomeMy WebLinkAbout06-1772
GEORGE MCCARDELL, CALV1N
JUMPER, and I\1ARIL YN JUMPER
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, P},
v.
NO. Of-. /77 2- Co::J
...----
IL-
WESTON R. GREEN JR.,
CIVIL ACTION - LAW
IN CUSTODY
Defendant
COMPLAINT FOR CUSTODY
1. The Plaintiffs ate George McCardell and Calvin and Marilyn Jumper.
2. The Plaintiff, George McCardell currendy resides at 22135 Shade Valley
Road, Shade Gap, Huntingdon County, Pennsylvania, 17255.
3. Mother of the children, Kristy McCardell (Mother), is married to George
McCardell (Step-Father).
4. The Mother is currendy in prison on a probation violation.
5. The Plaintiffs, Calvin and Marilyn Jumper (Maternal Grandparents),
currendy reside at 161 Fry town Road, Carlisle, Cumberland County,
Pennsylvania, 17103.
6. The Defendant, Weston R. Green Jr. (I'ather), is an adult individual who
currendy resides at 1 Marilyn Drive, Carlisle, Cumberland County,
Pennsylvania, 17013.
7. Weston R. Green Jr. is the father of the children.
~
GEORGE MCCARDELL, CALVIN : IN THE COURT OF COMMON PLEAS
JUMPER, and MARILYN JUMPER : CUMBERLAND COUNTY, P A
Plaintiffs
v.
NO. 06-1772
WESTON R. GREEN JR.,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
TO THE HONORABLE EDWARD E. GUIDO,]UDGE OF SAID COURT:
PETITION FOR WRIT OF HABEAS CORPUS
AD TESTIFICANDUM
AND NOW, this 4'h day of April, 2006, comes the Petitioner, by and through
her attorney, Jason P. Kutulakis, Esquire, of ABOM & KUTULAK1S, L.L.P., and files
this Petition for Writ of Habeas Corpus Ad Testificandum and, in support thereof,
avers that:
1. Undersigned counsel is the attorney for the above-named Petitioner.
2. Kristy McCardell, is incarcerated at the Ftanklin County Prison,
Chambersburg, Pennsylvania.
3. The testimony of Kristy McCardell may be material and necessary in
her case-in-chief of the above-captioned mattet.
4. The above captioned case has been set for a hearing on April 7, 2006,
at 11 :30AM in Courtroom No.3, of the Cumberland County Courthouse, on the
Petition for Special Relief and Custody Complaint.
WHEREFORE, the undersigned counsel respectfully requests This
Honorable Court to Order a Writ of Habeas Corpus Ad Testificandum directing the
Warden of the Franklin County Prison to produce the said Kristy McCardell, to the
Sheriff of Cumberland County, Pennsylvania, forthe purpose of COURT, scheduled
for April 7, 2006, at 11 :30AM.
Respectfully submitted,
ABOM & KUTULAKIS, LLP.
~".
fOr- Jason P. Kutulakis
Attorney ID # 8041
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Petitioner
~----\
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8. Father of the children, Weston R. Green Jr., is not married.
9. The Plaintiffs seek custody of the following children:
Namc: Kayleigh Ann Green Dacoda Tyler Green
Date of Bitth: March 20, 2001 October 15, 2002
Addtess: 22135 Shade Vallcy Road, 22135 Shade Valley Road,
Shade Gan, P A 17255 Shade Gap, PA 17255
10. The children were born during wedlock.
11. Mother and Father werc divorced on May 11, 2004.
12. By ordet of this Court, Mother has primary physical custody of the
children with Father having visitations rights every other weekend. This Court
order is attached as Exhibit "A."
13. The relationship of Plaintiffs to the children is that of step-fathcr and
matcrnal grandparents, respectively.
14. The relationship of Defendant to thc children is that of biological fathcr.
15. It is unknown if the Defendant currently resides with any othcr persons.
16. The childrcn are cared for primarily by Mother and Step-Father.
17. The children are presently in thc custody of Weston R. Grcen Jr., who
resides at 1 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania, 17013.
1 S. The Stcp- Father has been in a position of in loco parentis for a period of
over two (2) years as he has lived with the childrcn and cated for the children in
their day to day activities.
19. The best interest and permanent welfare of thc childrcn will bc served by
granting the relief requested for rcasons including the following:
a. Pursuant to the current custody order, Step-Father brought the
children to the designated cxchange point on Thursday, March 12,2006.
At that point, Step-Father gave Father thc children for his period of
visitation.
b. On Sunday, March 12, 2006, Father was to return the children to
Mother and Step-Father pursuant to the current custody order.
c. On March 12, 2006, Step-Father arrived at thc designated
exchange point to pick up the children and Father refuscd to return the
children to Step-Father, because Mother was not prescnt.
d. Father did not know that Mothcr was in policc custody when he
refused to return the children. Furthermore, Father had no reason to
believe that Mothcr was not at home.
e. Fathcr should have returned the children to Step-Father on Match
12, 2006 as there was no reason as to why the children should not be
returned.
f. Mother, Kristy McCardell, filed for a Protection from Abuse
ordcr on February 3, 2005. The pctition is attachcd as Exhibit "B."
g. Mothcr ftIed this after a violent incident with Pathet occurred at
the custody exchange that occurred on January 30, 2005.
h. The court awarded her a permanent PF A order which was 10
effect for six (6) months. The order is attached as Exhibit "c."
1. Father continues to refuse to relinquish custody of thc children to
Step-Father.
J. Fathcr has severed all communication between children and Step-
Father and Maternal Grandparents.
20. While the children have been in Step-Father's custody, he has:
1. Planned and prepared meals;
11. Bathed, groomcd and drcssed thc childrcn;
111. Purchased, cleaned and cared for the children's clothing;
IV. Arranged medical carc, including trips to physicians, as
needed;
v. Arranged alternative daycare, as needed;
VI. Put the childrcn to bed nightly, attcnded to the children in
the middle of the night, and awakened the children In the
morrung.
21. Step-Father is able to provide a stablc environment for the children.
22. The maternal grandparcnts of the children arc Calvin and Marilyn
Jumper, who reside at 161 Fry town Road, Carlisle, Cumberland County,
Pcnnsylvania, 17103.
23. The maternal grandparents petition for visitation rights pursuant to 23
Pa.C.S.A. ~ 5313.
24. The maternal grandparents have had a close relationship with the
children in this matter for their entire lives and thcy are now being denied
access to them by Father.
25. Plaintiffs have not participated as a party, in other litigation concerning
the custody of the children in this or any other court.
26. Plaintiffs have information of a custody procecc1ing concermng thc
children that was previously litigated in a court of this Commonwealth. The
prior custody otder dated October 16, 2004, docketcd in Cumberland County
at 03-2406 Civil Term, is attachcd hereto as 'Exhibit A'.
27. Plaintiffs do not know of a pcrson not a party to the proceec1ing that has
physical custody of the childrcn or claims to have custody or visitation rights
with respect to the child.
28. The children have a psychological bond with the Stcp-Fathcr and
Maternal Grandparcnts.
29. Step-Father is able to provide a stable environment for the children.
30. Mothet may be released from detention as soon as March 29, 2006 as a
hearing is set for that date.
31. Each patent whose parental rights to the child have not been terminated
has been named as parries to this action.
WHEREFORE, Plaintiffs request that This Honorable Court grant primary
physical custody of the child to Plaintiff/Step-Father and visitation rights to the
Plaintiffs/Maternal Grandparents.
Respectfully submitted,
ADOM & KUTULAKIS, L.L.P.
DATE .J;- ~ l"1J (.,
P. Kutulakis
I 0.80411
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiffs
VERIFICATION
I, GEORCE MCCARDELL, CALVIN JUMPER, and MARILYN JUMPER,
verify that the statements made in this Custody Complaint are true and corrcct to the
best of my knowledge, information, and belief. I undcrstand that false statements
hcrcin are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
Date
J J d-' O(p
~ C ;m~_
',", /1/ -"
GEORG MCCARDELL
Date 3 - )-;)-0 6
Dat~-dU-dh
Page ] of ]
.
1<RU'ff 1<. GlWEN,
Plaintiff
v.
IN T~ caoRT OF C~ PLEAS OF
CW>>IU,,/IND COIlN'ff, nNKSY1NAl1IA
NO. 03-2.Q& CIVIL ~AM
CIVIL lIC'l'rOO - LAM
III CllS'l'OOf
IeSTON 1\. G"El>H, JR"
Cefenr:liUlt
()Il.= 0. COUI<'t
AN~ NOW, this 2~th day or $~emb6rr 2004,
aft.r hlarin;, all p~ior O~Cers ar~ vaca~~d and repLaced w~t~ the
following,
1. '!'hI partil$! ~h.!11 have I!Iho!lrad legrtl cu.!'tody of
thei~ Q~u~ter, Xaylaiqh arebn~ ~~rD Marth 20, 20011 e~a O.eod~
Green, ~cr.n oot0b4r 1S, 20G2.
2. MOther $~all b~V8 p~1m_ry phYBieal castodY of the
child~en I~bjeot to p8riQda of ~B~ial phys10al cu.tody 1" the
Fatber ~s tolla~s:
A. !V'II!l.r~ otb.r '1'hl.ll':s:da:i ITom 4:30 p.lO. tltlt.i1
SUoQa~ ~t ';00 p.m'l exeevt on ~other\s O~Yf Whft~ tha ohildren
~h~l) be ~eturned It ,~OO a.~.
.s I .on Chdutmas in 8ven-nwrLDewd, yee.r.!l fram
Chrt.tmaa iVB a.t 5 ~ 00 p.m. 1JnUl t1con on. Chtilltrn'dJ day. on
ChriBtmaa in oQd-~~ered y.~ra, !rom noon on Ch~18tmAa day until
noon 1)t.1 Oec.tn:bli!lr 2 Ei-th.
c. On Thank.,qiv;ing .1n e"en-o\Dllk)e:t:ed. yiU.l"B trcqn
4;00 p.m. on Th.n~&9ivi~; day ~ntil ~:30 tn~ ~.~ .tter. On
Thar'1kll:g:iv!nl1 in odd-rrumbe.rd"d year. from 5:00 p.1I'1. the evl:::ln.ing
~efore Thank~~~ving ~ntiL 3:00 p,m. on Th8nk~~~vin9 Qay.
D. On Father" nay from 9100 '.m. ~ntil 9iOO p.~,
~, At ~~ch otber time! a~ the P&rti~s ghaL~
agre=e.
3. rat~~ 8hAll piok the cb11~r8n up at the Sh4de
EXHIBIT
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Gap Firehouee. P&ov1deQr however, tb~t if h. i~ mor@ than 10
minut~t late to. tae p1okup, Moth8~ does not n&~d t~ ~ait for tbe
cUltody t~~nBf~r. The ahildc~ eh~)l ~e .et~rn.a ~o Wothez at
the ~~Don.ld'l ~.t'~.&nt on the ~alnut Bottom Road in ~~l1.1,.
T~ther is cautioneQ e~out belnq 1at8 for tb.ae ~u$tody tr~n,fer~1
4. Eacb part~ eball keep th~ oth~r 1n~otm.d of their
a.ddr885 and ;phone f1'Wl'1h!lr i!IIt all ti:nl.e~1
5. ~n1. Court sball ~8t.in jur!~dicti~n.
~~
S~W~~Q I. Gulao_ w.
~~. w. Haq;~~tYr msquire
PUr the PlaintLtf
Shoriff
Porter, Esquire
!:lei endent.
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...fohn c,
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PI,
IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
NOTICE OF HEARING AND ORDER
NO:
~~ Ilfa...
YOU HAVE BEEN SUED-IN COURT. Ifvoo wish to defend against the claims set forth in the fo!1owin2: oaners. yOU must
apoear at the hearinl2: scheduled herein., If,vou filil to do sO.the case may proceed aflainst vou and a FINAL Order mav be
entered M!:ainst You gran~nQ: the relief reQuested in the oetition. In oarticular. you maY be e-victed from Your residence and'lose
other imoortant riahts. Anv nfotectianorde.r granted bv a ccu.rt may be cOJlsidered in subseauent oroceedinllS under Title 23
(Domestic Relations) of the Pennsylvania Consolidated Statutes. includinll child custody oroceedinrls
under Chanter 53 (relatinl! tocustodv),
A HEARING ON THIS MATTER IS SCHEDULED FOR:
Kristy McCardell
DATE:
February !D, 2005
TIME:
8:30a.m.
vs
Plaintiff
PLACE: HUNTINGDON COUNTY COURTHOUSE
Second floor
223 Penn Street
Hnntingdon, Pennsylvania, 16652
Weston Green Jr.
Defendant
You MUST obey the Order that is attached until it is modified or tenninatcd by the Court after notice and bearing. If
vou disobev this Order. the police maV arrest vou. Violation of this Order may subiect vou to a charge of indirect
criminal contemnt which is punishable bv a fine of up to $1.000.00 and/or un to six months in iail under
23 Pa.C.S.' &6114. Violation may also subiect vou to orosecution and criminal oenalties under the Pennsvlvania
Crimes Code. Under federal law. l8 U.s.C .&2265. this Order is enforceable anywhere in the United States. tribal
lands. U.S. Territories and the Commonwealth .fPuerto Rico. [fVOll travel outside oflhe state and intentionallv
violate this Order. you may be subiect to federal criminal proceedings under lhe Violence Against Women Act,
18 U.S.C ..\52261-2262.
YOU SHOVLD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO
HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT. HOWEVER,
APPOINT ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW FOR A LIST OF
ATTORNEYS. IF YOU CANNOT FIND A LAWYER. YOU MAY HAVE TO PROCEED WITHOUT
illilk
HUNTINGDON COUNTY COURT ADMINISTRATOR
'f' dfthreccrd this Huntingdon County Courthouse.
Cel11 Ie rom.e 223 Penn Street
...3 AD., 2.0 ~tingdon, Pennsylvania, 16652
- 814-643-5078
-J-
EXHI8IT
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p.4
IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY. PENNSYV ANIA
CIVIL DIVISION - LAW
-----..--.-.--.~,...".,--lt;:i~tY-M~a-r(i-;n-~-.-..--c
NO:
Plaintiff
V.
W",dotl. G""",tl. II"
IN PROTECTION FROM ABUSE
Defendant
Defendant date of birth:
II-,n.n
Defendant social-security #:
I!UL.fiO_(nRQ
TEMPORARY ORDER FOR PROTECTION FROM ABUSE
AND NOW, this
lni
day of
Fp.hrl'~\y
20..ll5..-- ,after consideration oflhe attached
Petition for Protection From Abuse, this Court hereby ente", the following Order:
A RF:ARlNr.. nNTHl~ PFTITT01'\ T~ SrHF.nTTI.F.n FOR:
DATE:
Pp}ml::tQl ; 0 700':;
TIME:
R.';W~ m
PLACE: HUNTINGDON COUNTY COURTHOUSE
Second nOaf
223 Penn Street
Huntingdon, Pennsylvania, 16652
~
1. The defendant is hereby restrained from assaulting, threatening, abusing, harassing, following, interfering with or stalking the
Protected Person and/orthe cbild(ren) oftbe Protected Person.
LnJ
CJ
2. The defendant shall not threaten a member of the Prolected Person's family or household.
3 . The Protected Person is granted exclusive possession of the residence or household lOl;ared at:
After notice to the Protected Person, the. defendant may enter the residence, on one occasion only, to retrieve hislherclothing
and otber personal effects> provided that the defendant shalt b,e in the company ofa law enforcement officer when such retrieval
is made. Until a final hearing is held in this matter, the defendant shall. otherwise have no right to enter or be present on these
premises.
-2.
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GJ 4. The defendant is ordered to stay away from the resid-ence, property; school or place of employment of the Protected Person(s) or
other family or household members.
Q
5. the-deretld.mt-iS~restralned-from-maklng any .corrllnunlcation-wHhthel)yoteaea"Person-;-rricluding-but not lifnite-d--tO~ piiSoIUi1:--'--"~
written or telephone contact) or their employees or fellow workers, or others with whom the communication would be likely to
cause annoyance or alarm the vi.cttm(s).
D
6. The Protected Person is awarded temporary custody of the following children:
NAME:
DATE OF BIRTH:
AGE:
THE SHERIFF OR THE LOCAL LAW ENFORCEMENT AGENCY IN THE JURlSDlCTION WHERE THE CHILDREN ARE
LOCATED SHALL ENSURE THAT THE CHILD(RE!\J ARE PLACED IN THE CARE AND CONTROL OF THE PLAINTIFF IN
ACCORDANCE WITH THE TERMS OF TIllS ORDER.
D 7. The defendant shall immedla1ely relinquish the following weapons to the Sheriff or serving officer:
AND THE DEFENDANT IS PROHIBITED FROM POSSESSING, TRANSFERlNG OR ACQUlRING ANY OTHER
WEAPONS FOR THE DURATION OF THIS ORDER.
D 8. The following additional relief is granted:
9: The defendant is hereby notified that if he/she attempts to returo to th~ Protected Person's residence. if ordered to stay
>away,
or violates this Order in any other way, he/she may be arrested for indirect criminal contempt., which is punishable by a
fine
of up to $1,000.00 and/or up to six months in jail. (23 Po.C.S. ~6114) CONSENT OF THE PROTECTED PERSON TO
DEFENDANT'S RETURN TO THE RESIDENCE SHALL NOT INV ALIDA TE THIS ORDER. THIS ORDER CAN
ONLY BE CIIANGED OR MODIFIED THROUGH THE FILING OF Al'PROPRIA TE P Al'ERS FOR THAT PURPOSE.
(23Pa.C.S. 66113) Defendant is further notified that violation of this Order may subject himJher to state charges and
-J-
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"
10. THIS ORDER APPLIES IMMEDIATELY TO THE DEFENDANT AND SHALL REl\'JAIN IN EFFFECT IJNTIL .
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING.
11. THIS ORDER SUPERSEDES ANY PRIOR ORDER, INCLUDING ANY PRIOR ORDER RELATING TO CHILD
CUSTODY.
NOTICE TO LAW ENFORCEMENT OFFICIALS,
ThisO'rder shall be enforced by the police who have jurisdiction over the PrDtectecl P"rson's residence OR anylllcation wberf a
biolation of this order occurs OR where the defendant may be located. If the defendant violates any provision of this Order,
defendant SHALL be arrested on the charge of Indirect Criminal Contempt An arrest for 'Violation of this Order may be made
without warrant, based solely on probable cause, whether Dr not the "iolation is committed in th~ presence of law enforcement.
Sllbsequent to an arrest, the lawenCorcement officer.shalI seize 'all weapons used Or threatened to be used during the violation of this
Order OR during prior incidents of abnse. Weapons must forthwith be delivered to the Sheriffs oflice of the county which issued
this Orderl-wbich office shall maintain possession oftbe weapons until further Order of this Court, unless the weapon(s) are evidence
of a crime, in which case they shan remain with tbe law enforcement agency whose officer made the arrest.
BY THE COURT:
J.
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(JI';"~I\-l~ fi'"f'
IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA
CIVIL ACTION' LAW
DATE: F..hrll.(y ~ ?nns
NO:
~)-/L!J.
PETITION FOR PROTECTION FROM ABUSE
1a.) My name is: KriRty Mr.G$lImp,1I
, I am filing this Petition on behalf Of:G;] Myself ANDIOR D Another Person(s).
If you checked "myself', please answer af! questions referring to yourself as "plaintiff'. If you checked "another person",
please answer all questions referring to that person as "plaintiff' and provide YOUR address here:
1b.) If you checked "Another Person" please indicate your relationship with the plaintiff:
o Parent of minor plaintiff(s) D Guardian ad llitem of minor plaintiff(s)
o Adult household member with minor
plaintiff(s)
c:=:J Court appointed guardian of incompetent plaintiff(s)
1 c.) Name(s) of ALL person(sj, including Plaintiff and minor children who seek protection from abuse'
Kri~ Mcr."rd,,11
2. .c:=J Plaintiffs address is confidential
OR
[XL] Plaintiff's address is: He; 61 Rnl< 'In Sh.d.. r;"p Pa 17?!i!i
3. Defendant's name is:
WFlll;Otnn ~rF'!pn .ir
who resides at 1 Ma rilyn nriVR r.::iIrlisle p~ 17n1:1
Defendant's date of birth is: 11-~n-76
Defendant is employed by: IInknnwn
Social Security number is: 1 A6-Rn-9::lR9
4. IndiGate the relationship between the plaintiff and the defendant
D Spouse GLJ El<-spouse GX:J Parents ot the same children
[==:J Parent and child
c:::::::J Current or former sexualflntimate
c::J Brother/sister, sister/sister, brotherlbrother
[==:J Other relationship by blood or marriage: (Please explaft)e (}n~mnl (}ftl11:~ UOCUlW.:Kit ~UYJ.
be~n filed in- th~ Of Tee of the
1 r-TV\hon(,:1;:~rY'{-:'2't;< of C0Urt 00
FEB Q 3 2005
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5. I am asking the Court to order the defendant to leave the residence located at:
which is Downed DR
D Rented by:
6. Plaintiff and defendant are the parents ,of the following minor child(ren) who reside at
NAME
DATE OF BIRTH
ADDRESS: (List address unless confidential\
":=Iyl~iQh Ann r-;r;:;.~n
Q.,n.()1
He: R1 Rnx ~O Sh""F> r,"p PA 17?SS
nP.~nO:::! C;rpFon
1n-1S-0?
He: 111 Rnx ~O Sh""F> r,Ap p" 17?SS
7. The following minor child(ren) who are not relaled to the defendant presently live with the plaintiff:
NAME
DATE OF BIRTH
PLAINTIFF'S RELATIONSHiP TO
8. The fact$ of the moslrecent incident of abuse are as follows:
DATE: VIO-OS
TIME: 7 r m
PLACE: Mr:Dnn:::!ld'~ in r:;:!rli~IA
Pl~intiff ;:mrf rlp.fenl'l~nt wprp. mRrrip-rlfor:'11 J? YA::Ir~ ;qnrl h:n/P ? minnr r:hilrlrF!n ThAY ;:m~ rlivnr~Arl ~nrl rl~intiff j::; rp-m;::arriprl
ThAY wl=m:::::!l::I()(r:hanging r:hilrtrpn ~ftp.r ~ "j~it with thAir f~thp.r WhAM thi~ indrlent h::l.pf'Pnpcl
P!:::!intiff h~rl pi It r.hilrlr~n in thF! ('::=tr ;:Inri ~hp ,^,Fl~ !=:itting with th~m . PI ;::aintiffsAp.n th~t hpr A)(-hl J~h;:jnrl w:::!c: ~CQllinc with hp-r
r>rp~~nt hll~h~nrl Pl;:;lntiff got Ollt r1f ~;;Ir ~nrl tnlti hp-rhllc:h~nrl"lp.t!=; r;;~" Dp.fp.nr1;:;nt th~n ~t~rtP.rl arguing vyith rl~intiff
npfAnn:1nt thAn qr::!hhAn pl::lintiff hy f::!f":p ::Inn ptJ~hp-d hRr h::!r.:kw::lrrl~ ~g::Jlnd \/phir:lp. p!~jntiff thp.n <:tpi1in r.Ip.fAlir.l::!ont'~ f:::.~~ ~n
hp-\Alnlllrl 1~;:jV~ hpr ;:lInti!=; nAfAnrl::mt thFm F:pit in pl~intiff'" ~f":P PI~jntiff th~r. f':P3llpn nnliC:F! Pnlir.~ r:;::m'lp ;:::Inn filArl
h~r;::I!::t!C:.mAnt ::.g::ijn~t rh:~fp.r1rl~nt Thi~ i~ whp-n p~p tnlrl hRr ~hA nPArlpd to QAt::!o PFA
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(Most recent incident of abuse -
9. The defendant has committed prior acts of abuse against me, my minor child(ren) Dr the plaintiff (if J am filing. for someone
else). List examples of such abuse, including any threats, injuries or incidents of stalking, and state when these incidents
occurred:
1 D. The defendant has used or threatened to use the following weapon(s) against plaintiff and/or minor children listed above:
3
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11. If plaintiff and defendant are parents of any minor child(ren), is there an existing custody order regarding their custodWi'''
Who has primary custody under that order? rl.intiff I primO'lcy phsyir.O'l1
If you are now seeking an Order of child custody as part of this petition, please list the following information:
(A). Where has each child resided during the past 6 months?
CHILD'S NAME:
PERSONIS) CHILD LIVED
ADDRESS, UNLESS
(B). List any other persons who are known to have or claim a right to custody of each child listed above:
NAME:
ADDRESS
BASIS OF CLAIM:
12. Have plaintiff and defendant been involved in any of the following court actions? (If you are filing this Petition on behalf of
another person, please answer this and all questions using that person as plaintiff.)
liiJ Divorce
GiLl Custody
GiLJ Support
GiLJ Protection From Abuse
If you have checked any of the above, briefly Indicate when and where the case was filed and the court number, if known:
All in r.IJm~r1~nrl:r.nltnty
Has the defendant been Involved in any criminal court action?nn
If you answered YES, is the defendant currently on probation or parole?nn
13. Defendant owes a duty of support to plaintiff and/or the minor child(ren).
14. As a result of the abuse described above, I have suffered financial losses. (Please list those iosses):
15. There is an immediate and present danger of additional ebuse from the defendant.
4
Mar 14 2006 15:18
CLASS#l#TRANPRT
717 SSS 6012
p.11
.
"OR TrlE REASONS SET "aRTH ABOVE. I REQUEST THAT THE COURT ENTER A TEMI'ORARY ORDER. AND APE"
"!OARING. A FINAL ORDER THAT WOULD DO THE FOLLOWING ICHE:K FORMS OF REUEF REQUESTED):
_____(J:Xi _
A.) P\.estn-in defencant from abusing, threatar,ing, harassing 5H_ staJki~g J~_lail}~tf. ar,g/cf..tl1-erpin9f _C~,)i~(Le_n)_ir:l-anY-P3ce-._-_m- .---
-.- .-.....,......--.----.----------<.-..---------...---,.,--....._--.... - ' .
-;""'---"'v.lh'er-~ th;y'm-~y be round. .
r----;
:;)
:.vic':Jexcluc!e cafer:c'ant from 1=laintifi"'sresic'e-nce and prevent oerenC'iint fr~m ;:tte-mpting~c er,!er any temporary cr
permanent resiCence. of the plaintiff.
L...--1 C~j Require'defencantta provide plaintiff'M'"..h other su~;:ble housing.
J I D.) Award pl~intiff '\emporar'1 c:...rstody or the mine;' c:.i!d(ren) and place acprcpriEre res;:;-:c::icCls an com2C: between
d'ecendant aJ1c :re child{ren).
-----;-v;
~2..J
Prohlbt defer cant frcrr, h"2vi7i~ any c~ntac:: ".,lith plaintiff andior miner c:-;jjc'(ren). :=Mer :n ;e(sor.. 0,/ :e\e;::hcr.z, 'r.
Nmng, or by ~:.,iid person, inc'uC:ing tt,,1 r.(jt!imrt~ to an~ can'tac ,s.t;::ta\mi"f,"s scheel business or ;:Iac~ ~f
::~.cloyment. 2nd prohibit defencant fram hCir-a.ssir.s; or having ;.n'J :::nrac: 'NTtn ,:i2IfiTIff::; ;~jatves.
f 'I f.) Order defendant to temporarily relinquish w.eapons to the Sheriff.
I I
G.) Oirec:. the defendant ~o pay plajntiii' Fer thereascnabJe tinanda.l losses suffered as a resutt aT the abuse,
I Xv
I. ^
. n.} ':Jrder defendant to'pay plaintff 's re-ason=bie attomey fees j'f I am represented.by counsa-i.
~
I XX I
I XX
l.j Order defendani: to pay to pay the ccsts of this action, including tiIlng and servIce fees.
J.J Grant such other relief 2S the Court deems apprcpri,:i1:~.
K..) \ also reques: that the Judge order the police or other law enforcement -agency to serve defendant with a copy or
this ,oetiiion and the Ordertor hearing. I wi!! inrorm the poli::e af any :address, other than defendant's residence.
where he or stle call be seNe-d.
VERIFICA nON
I venf"! that I am the Petitioner in this action and that the facts and statements contained in the above Petition
-are truQ and correct 1 understand that false statements herein are made subie-ct to tne oenalties of 18 Pa.C.S.
&4.904. r-eJanna to unsw~rn falsification toauthoritie.s,
DArE:
)- 3-0S
PETITIONER:
('.\
10/,77 ?J2:c CtJ,JW.
s
j-
CLASS1\11\TRANPRT
~ar 14 2006 15:15
ElCIIlBrt
(-
717 SSS 6012
IN THE COURT OF COMMON PLEAS
HUNTINGDON COUNTY, PENNSYLVANIA
CIVIL DIVISION
KRISTY McCARDELL,
pl ai nti ff
NO. 2005-142
V5.
WESTON GREEN, JR.
Defendant
PFA
o R D E R
AND NOW, this 24th day of February 2005, after
hearing, the protection from abuse order entered in this
case February 3, 2005 is made permanent for a period of
six (6) months. costs shall be paid by the Defendant.
BY THE COURT:
1tffl1Ut1(
p.2
f\)%'
Stewart L. KurtZ, Judge
N(,,~18E Of- ENTRY OF cnDER OR D~CREE
PU;-~:F)':,.NT TO r:A, R. c. P nc). ~:::_;'j
NC'T;:::'!G/~ T(ON - T>:\3 n,'-_';G;j),-,~'~.i'~.f HAS
f:i,'-\' ;-:~i~.!'::!) li\) n.'~[s C;::'~_"'''.
Certified from tile record this
;;JS dayo~ ~A.D.,20 Os
PROlHO~OFCO:
!';Ji-~"~':I\!U..J;J;',; c':)ut-n\~ PA
fEB 252005
I r. ~~: ;
CERTIFICATE OF SERVICE
AND NOW, this
0~ day of March 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 Drive
Carlisle, PA 17013
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
-"^-....
Ja on P. Kutulakis
I No. 80411
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiffs
~,
, 0
., .,
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0 '" " '"11
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e
GEORGE MCCARDELL, CALVIN
JUMPER, and 1\1ARILYN JUMPER
Plaintiffs
IN THE COURT OF COMMON PLEAS
C:UMBERJoAND COUNTY, PA
v.
NO. o(.,-!7U ~
.-
IL-
WESTON R. GREEN JR.,
CIVIL ACTION - LAW
IN CUSTODY
Defendant
TO THE HONORA.BLE JUDGE OF SAID COURT:
PETITION FOR SPECIAL RELIEF
AND NOW, comes the Pctitioners, George McCardell, Calvin Jumper, and
Marilyn Jumpcr, by and through his attorney, Jason P. Kutulakis, Esquire, of ABOM &
KUTULAKIS, L.L.P., and respectfully petitions this Honorable Court to grant
Petitioner special relief, and in support thereof avers the following:
1. The Petitioners, George McCardcll, Step-Father, and Calvin and Marilyn
Jumpcr, Maternal Grandparents, respectfully represent that on October 16,
2004, an Otder of Court was entered granting the Kristy McCardell (Mother)
and Weston R. Green,Jr.(Father) shared legal custody, Mother primary physical
custody and Father partial physical custody. (Copy attached as Exhibit "A").
2. Simultancously with this Petition, Petitioncrs have ftIcd a Custody
Complaint. (A copy of the Custody Complaint is attachcd hereto as 'Exhibit
B').
2
3. Petitioners are reguesting special relief by this court, because Father has not
returned the children aftcr his last period of visitation ended.
4. The childrcn are cared for primarily by Mother and Stcp-Father.
S. Pursuant to the current custody order, Step-Fathcr brought the childrcn to
the designated exchange point on Thursday, March 9, 2006 to give the
children to Father for his court ordered pcriod of visitation. At that point,
Step-Father gave Father the children for his period of visitation.
6. On Sunday, March 12, 2006, Father was to return the children to Mother
and Stcp-Father pursuant to the current custody order.
7. The Mothcr is currently in prison on a probation violation.
8. On March 12,2006, Step-Father arrived at the designated exchange point to
pick up the children and Father rcfused to rcturn the children to Step-
Father, because Mother was not prcsent.
9. Father did not know that Mother was in police custody when he rcfused to
rcturn the children. Furthermore, Father had no reason to bclieve that
Mothcr was not at home.
10. Father should have returned the children to Step-Fathcr on March 12,2006
as there was no reason as to why the childrcn should not be rcturned.
3
11. Mother, Kristy McCardell, fued for a Protection from Abuse order on
FeblUary 3, 2005. The petition is attached as Exhibit "c."
12. Mother filed this after a violent incident with Father occurred at the
custody exchange that occurred on January 30, 2005.
13. The court awarded her a permanent PF A order which was in effect for six
(6) months. The otder is attached as Exhibit "D."
14. Father continues to refuse to relinquish custody of the children to Step-
Father.
15. Father has severed all communication between children and Step-Father
and Maternal Grandparents.
16. The Step-Father has been in a position of in loco parentis for a period of
over two (2) years as he has lived with the children and cared for the
childten in their day to day activities.
17. Step-Father is able to provide a stable environment for the children.
18. The maternal grandparents have had a close relationship with the children
in this matter for their entire lives and they are now being denied access to
them by Father.
19. Petitioners believe that it would be in the children's best interest to be in
returned to their Step-Father and their primary residence because it is where
4
the children are most familiar and Step-rathcr has been thc primary carcgiver
with Mothcr for over thc last two years.
20. Petitioners believe it would be in thc children's bcst interests if they were
able to communicate with theit Step-Father and Maternal Grandparents.
21. Petitioncrs believe that it is in the children's best interest if they were
returned to Step-Father expect for the periods of visitation that Father receives
becausc of the previous custody court order.
22. Petitioners believc that it is in the children's best interest if they were able
to spend time with their Maternal Grandparents.
WHEREFORE, Petitioner prays that This Honorable Court grant his
Pctition for Spccial Relief and otder the Respondent to return the children to
the primary care of the Stcp-Father and require Father to allow the children to
have contact with the Maternal Grandparcnts and Step-Fathet.
Respectfully submittcd,
ADOM & KUTULAKIS, L.L.P.
DATE -"5/17 7/17t;7
L~/~
IOdason P. Kumra1us
ID No. 80411
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Petitioners
5
VERIFICATION
I, GEORGE MCCARDELL, CALVIN JUMPER, and MARILYN JUMPER,
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
J ~ :J.1..i-()r;;
~ [' I$~~
GEORGE MCCARDELL
Date
3- J if- ()6
Date
3M~6
/ '
7
Page I of 1
",
t~ Tllll cotIl\T OF COl'GMON PLBA5 01'
CmlMl\UIND CO~:ry ( PJ':l4H21'LVAUtA
NO. 0,-2.06 CIVI~ 1E~
CIVIL ACTlOO - LlIW
I~ CUSTOCY
lmUTY II, Gll1)E'l,
Ph1nUff
iIltSI'ON ll, aMEN, .JR"
...Un~ant
OI>.DEI\ 01' COCIi'!'
ANP NOW, thi. 2~th day ~f S~emb.., 2004,
att.r h.~rin;_ .11 prior o~~r= ~r. vac~~ad .~O rep14ced ~1th tb~
following'
1. lb. pirtle. .hlll h.~ .hor.d legol cu6tody of
thair di!.uqb.t!l%1 Kayleiqh G",'rl/ l)()rQ t-6.r~h to, 20011 and Oaeod.
Green, ~r.n O~~r 1S, 10n2.
2. Mothe~ ehall h:vl!l p'roima:y physie:al Cllstody of t.he
child~&n s~bjeot to pgrioda of p~~ial phYDie&l QU~toQ~ in the
F~ther ~~ folla~5~
A. Bvl!.rY otbllr '1'ht.lr~da.~ f:rom 4: 30 !J.Il'l. unt.il
SI.:lI;"1d:ay "t. 1;00 p.m.. except on Mother-Is 'OilYt whsr.. the. Qhild'ren
BaalJ b& returned at 9~OO ...ft!.
B I CrI Ch1:"istma.s i..n 8ven~n1,WU)e:'ed. 1ei1r~ from
Ch.d.tmae. IvEl' at ~:l)O p.m. unt1111C-'Q-n on Chttetrn&s day. on
ChriBt~a~ i~ oQd-nurob6red years. from nQQO on Cnri!tma~ dAy u~t!l
noon ot! o.e".mber 26-th.
c. O~ Th-!l:n~f;llJiving In Bwn-oumPered yeara from
~:oa p.m. on Thank89iving day u~til ~;30 the Qay after, on
ThankBgiving in odd-numb~red y~m~1 from 5:00 p.m. the evening
~efore Th&nkBqjy~ng ~ntil ~:~O p,m. on Thank~9ivin9 day.
O. On Fath~r's nay trom PlOD a.m. unt~j 9;00 p.~.
Z, At *~Oh otber times a6 tne parti~s shall
ag&c~ .
3. l'.ather 21ha.ll piok the cbiltirl!in I.lp -!It the. ShAd..
I It
L.......~.II..~_~....1~ ~~.~_ ----<-I___~Ll.':._L
___....IT.u__ .n:__.l___ --.___C}_~_L_
.~ _ 0 ~_
.L____-,-,TT -,
'" ''"\nJ'"\nn/
Page I of I
Gap ~irehou~e. P~Dvidedr ho~ev~1 tbat it he i~ mor~ tha~ 10
minl,lte-,s; lilte for the piokup, Moth@r- doe.s not need to wait. for tbe
ou!tody tr&nsf~r. The children ,h~ll be ~et~~.a to Mother It
th~ M~nonald', ...t&~~&nt on thQ Walnut Bottom Road in Catlille.
r~thet l~ c~yt1oned about bein~ latA for the~e CU$t~dy tran~fe~~l
4. Eacn party ~b~ll keep the othe~ in~orm.d of their
address It'ld p.hone numbl!l:r at all tim.ee,
~. :rbh Court ~h.ll retain jurisd.lctil;m.
~~
Eawala E. Qu1~o, J.
~~& W. N~q~ttYr Esquire
FOr th6 Plaint~f:
shoriff
Potter I ~aquire
nei eno..nt.
~..kf-.J
/>
~
ON..?'O{
../ohn c.
lI"or tCifl
no
GEORGE MCCARDELL, CALVIN
JUMPER, and MARILYN JUMPER
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, P A
v.
NO.
WESTON R. GREEN JR.,
CIVIL ACTION - LAW
IN CUSTODY
Defendant
COMPLAINT FOR CUSTODY
1. The Plaintiffs are George McCardell and Calvin and Marilyn Jumper.
2. The Plaintiff, George McCardell currendy resides at 22135 Shade Valley
Road, Shade Gap, Huntingdon County, Pennsylvania, 17255.
3. Mother of the children, KJ:isty McCardell (l'vfother), is married to George
McCardell (Step-Father).
4. The Mother is currendy in prison on a probation violation.
5. The Plaintiffs, Calvin and Marilyn Jumper (Maternal Grandparents),
currendy reside at 161 Fry town Road, Carlisle, Cumberland County,
Pennsylvania, 17103.
6. The Defendant, Weston R. Green Jr. (Father), is an adult individual who
currendy resides at 1 Marilyn Drive, Carlisle, Cumberland County,
Pennsylvania, 17013.
7. Weston R. Green Jr. is the father of the children.
EXHIBIT
'6
8. Father of the children, Weston R. Green Jr., is not married.
9. The Plaintiffs seek custody of the following children:
Name: Kayleigh Ann Green Dacoda Tyler Green
Date of Birth: March 20, 2001 October 15, 2002
Address: 22135 Shade Valley Road, 22135 Shade Valley Road,
Shade Gap, P A 17255 Shade GaD, P A 17255
10. The children were born during wedlock.
11. Mother and Father were divorced on May 11, 2004.
12. By order of this Court, Mother has primary physical custody of the
children with Father having visitations rights every other weekend. This Court
order is attached as Exhibit "A."
13. The relationship of Plaintiffs to the children is that of step-father and
maternal grandparents, respectively.
14. The relationship of Defendant to the children is that of biological father.
15. I t is unknown if the Defendant currently resides with any other persons.
16. The children are cared for primarily by Mother and Step-Father.
17. The children are presently in the custody of Weston R. Green Jr., who
resides at 1 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania, 17013.
18. The Step-Father has been in a position of in loco parentis for a period of
over two (2) years as he has lived with the children and cared for the children in
their day to day activities.
19. The best interest and permanent welfare of the children will be served by
granting the relief requested for reasons including the following:
a. Pursuant to the current custody order, Step-Father brought the
children to the designated exchange point on Thursday, March 12,2006.
At that point, Step-Father gave Father the children for his period of
visitation.
b. On Sunday, March 12,2006, Father was to return the children to
Mother and Step-Father pursuant to the current custody order.
c. On March 12, 2006, Step-Father arrived at the designated
exchange point to pick up the children and Father refused to return the
children to Step-Father, because Mother was not present.
d. Father did not know that Mother was in police custody when he
refused to return the children. Furthermore, Father had no reason to
believe that Mother was not at home.
e. Father should have returned the children to Step-Father on March
12, 2006 as there was no reason as to why the children should not be
returned.
f. Mother, I<risty McCardell, filed for a Protection from Abuse
order on February 3, 2005. The petition is attached as Exhibit "B."
g. Mother ftIed this after a violent incident with Father occurred at
the custody exchange that occurred on January 30, 2005.
h. The court awarded her a permanent PF A order which was In
effect for six (6) months. The order is attached as Exhibit "c."
1. Father continues to refuse to relinquish custody of the children to
Step-Father.
). Father has severed all communication between children and Step-
Father and Maternal Grandparents.
20. While the children have been in Step-Father's custody, he has:
1. Planned and prepared meals;
11. Bathed, groomed and dressed the children;
ill. Purchased, cleaned and cared for the children's clothing;
IV. Arranged medical care, including trips to physicians, as
needed;
v. Atranged alternative daycare, as needed;
Vl. Put the children to bed nightly, attended to the children in
the middle of the night, and awakened the children In the
morrung.
21. Step-Father is able to provide a stable environment for the children.
22. The maternal grandparents of the children are Calvin and Marilyn
Jumper, who reside at 161 Fry town Road, Carlisle, Cumberland County,
Pennsylvania, 17103.
23. The maternal grandparents petition for visitation rights pursuant to 23
Pa.C.S.A. ~ 5313.
24. The maternal grandparents have had a close relationship with the
children in this matter for their entire lives and they are now being denied
access to them by Father.
25. Plaintiffs have not participated as a party, in other litigation concerning
the custody of the children in this or any other court.
26. Plaintiffs have information of a custody proceecling concerning the
children that was previously litigated in a court of this Commonwealth. The
prior custody order dated October 16, 2004, docketed in Cumberland County
at 03-2406 Civil Term, is attached hereto as 'Exhibit N.
27. Plaintiffs do not know of a person not a party to the proceecling that has
physical custody of the children or claims to have custody or visitation rights
with respect to the child.
28. The children have a psychological bond with the Step-Father and
Maternal Grandparents.
29. Step-Father is able to provide a stable environment for the children.
30. Mother may be released from detention as soon as March 29, 2006 as a
hearing is set for that date.
31. Each parent whose parental rights to the child have not been terminated
has been named as parties to this action.
WHEREFORE, Plaintiffs request that This Honorable Court grant primary
physical custody of the child to Plaintiff/Step-Father and visitation rights to the
Plaintiffs/Maternal Grandparents.
Respectfully submitted,
ADOM & KUTULAKlS, L.L.P.
DATE ":r? l '-1J (.,
P. Kutulakis
I 0.80411
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiffs
VERIFICATION
I, GEORGE MCCARDELL, CALVIN JUMPER, and MARlLYN JUMPER,
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 J..:J d- OtP
b, e 1!~/
GEORG MCCARDELL
Dat~-d2-dh
c
Date -3 - )-;)-0 6
CERTIFICATE OF SERVICE
AND NOW, this
0~ day of March 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,fr.
1 Marilyn Drive
Carlisle, PA 17013
Respectfully submitted,
ADOM & KUTULAKlS, L.L.P.
Ja on P. Kutulakis
I No. 80411
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiffs
Mar 14 2006 15:15
CLASStlltlTRANPRT
717 899 6012
p.3
P(~
IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
..- - '.------ ,-'.
NOTICE OF HEARING AND ORDER
NO:
~~/?'o\.
YOU HAVE BEEN SUED IN COURT. Ifvou wi.hOO defend against the claims set forth in the [oUowin. paDers. you must
apnea!' at the hearing: scheduled herein., Ifvou fail to do sO.the case mav VTOceed allainst YOU and a FINAL Order may be
entered 312ainst You 2ran~ng the reJiefr&luested in the oetition. ill _Darticular. vou ma.Y be evicted from vourresidence and'lose
other imoortant rillhts. Any orotection order Ilranted bv a court mav be C9,'Q._sidered in subseCluent oroceedinlZS under Title 23
<"DomesticJ~.~lations) of the :r>ennsylvania Consolidated Statutes. includilllz child custody nroceedinlls
under ChaDter 53 (relatin. to custodv).
A llEARlNG ON THIS MATTER IS SCHEDULED FOR:
Kristy McCardell
DAlE:
February 10, 2005
TIME:
8:30 a.m.
Defendant
PLACE: HUNTINGDON COUNTY COURTHOUSE
Second 1100r
223 Penn Street
Huntingdon, Pennsylvania, 16652
vs
Plaintiff
Weston Green Jr,
You MUST obe\' the Order that is attached until it is modified or terminated by the Court after notice and hearing. If
you disobey this Order. the police mav arrest vou. Violation of this Order may subiect vou to a charge ofindaect
criminal canlempt which is punishable bv a fine of UP to $1.000.00 anellor UP to six months in iail under
23 Pa.C.S. &6114. Violation mav also subiect vou to llTosecution and criminal penalties under the Pennsylvania
Crimes Code. Under federal law. 18 U.S.C .&2265. this Order is enforceable anywbere in the United States. tribal
lands. U.S. Territories and the Commonwealth of Puerto Rico. Ifvou travel outside ofthe state and intentionally
violate this Order. you may be subiect to federal criminal proceedings under the Violence Against Women Af!,
18 U.S.C .&&2261-2262.
YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO
HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT. HOWEVER.
APPOINT ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW FOR A LIST OF
ATTORNEYS. IF YOU CANNOT FIND A LAWYER. YOU MAY HAVE TO PROCEED WITHOUT
ONE.
HUNTINGDON COUNTY COURT ADMINISTRATOR
Cel1ified from the record this Hunting~~n3.pcountyStrCOtUlthOuse.
_#<<. enn ee
-3 AD., 20 ~tingdOn, Pennsylvania, 16652
~ 814-643-5078
EXHIItT
(
-1-
I
Mar 14 2006 15:15
CLASS#l#TRANPRT
717 899 6012
p.4
IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY. PENNSYV ANIA
CIVIL DMSION - LAW
".--KrktY M~C';Tii"p.if
NO:
Plaintiff
v.
Wpdnn l::.rMrl Tr
IN PROTECTION FROM ABUSE
Defendant
11_1f)~7R
Defendant date ofbirtl,.
1 RR_fiO_Q~R9
Defendant social security #:
TEMPORARY ORDER FOR PROTECTION FROM ABUSE
Petition for Protection From Abuse, this Court hereby enter.; the following Order:
AND NOW, this
lui
day of
'P~hrl1~~
20..G.i.- , after consideration of the attached
GJ
GJ
c:J
A HF A. RINI': ON THl~ PF'TITlO'l\;" IS. s.c'Hli'nlll .li'n FOR:
DATE: PP.hnH1'i' in 1M"
TIME: R.10 " m
PLACE: HUNTII'GDON COUNTY COURTHOUSE
SecDnd 1100r
223 Penn Street
HUlltillgdoo, Penn.yinni., 16652
1. The defendant Ls hereby restrained from assaulting, threatening, abusing, harassing, following, interfering with orstallcing the
:protected Person and/orthe child(ren) ofthe Protected Person.
2. The defendant shall not threaten a member of the Protected Person's family or household.
3. The Protected Person is granted exclusive possession (lfthe residence or household located at:
After noHce to the Protected Person, the. defendant may enter the residence, on one occasion only, to retrieve his/her clothing
and other personal effects, provided that the defendant shall b,e in the company of a law enforcement officer when such retrieval
is made. Until a final hearing is held in this matter, the defendant shall otherwise have no right to enter or b~ present on these
premises.
-2-
Mar 14 2006 15:15
CLASSlIll1TRANPRT
717 8SS 6012
p.5
GJ 4. The defendant is ordered to stay away frpm the resid-ence, property; school or place of employment of the Protected Person(s} or
other family or household-members.
----..Q." 5. The" derehdiiliiS~restralnecnIornmakingaiiy -COrrllnUI11cation~W1ththe 'PTotecte(J"Persoii;inc!udirig-but not limitetfto~peiSon-a1:-~-'~---'.
written or telephone contact, or their employees or fellow workers, or others with whom the communication would be likely to
cause annoyance OT alarm the victim{$).
D
6, The Protected-Person is awarded temporary custody of the fotlowing children:
NAME:
DATE OF BIRTH:
AQJt
THE SHERIFF OR THE LOCAL LAW ENFORCEMENT AGENCY IN THE JURISDICTION WHERE THE CHILDREN ARE
LOCATED SHALL ENSURE THAT THE CHIL])(RE?\") ARE PLACED IN THE CARE AND CONTROL OF THE PLAINTIFF IN
ACCORDANCE WITH THE TERMS OF TIllS ORDER.
07. The defendant sball jmmedialely relinquisb the following weapons to tbe Sberiffor serving officer:
AND THE DEFENDANT IS PROHIBITED FROM POSSESSING, TRANSFERING OR ACQUIRING ANY OTHER
WEAPONS FQR THE DURA nON OF THIS ORDER.
D 8. The following additional relief is gran1ed:
9~' Tie defendant is hereby notified tbat if he/sheattempfs to return to the Protected Fen/)o's residence, if ordered to stay
away,
, orviolate.s this Order in any other way, he/she may be arrested for iudire<:t criminal contempt, which is puni:ghable by a
tln.
of up to $1,000.00 and/or up 10 sj" month, in jail. (23 Pa.C.S. ~61l4) CONSEN'l' OF THE PROTECTED PERSON TO
DEFENDANT'S RETURN TO THE RESIDENCE SHALL NOT INV ALIDA TE THIS ORDER. THIS ORDER CAN
ONLY BE CHANGED OR MODlFlED THROUGH THE FlUNG OF APPROPRIATE PAPERS FOR THAT PURPOSE.
(23 Pa.C.S. ~6113) Defendant is further notified that violation althis Order may subject h1mlher to state charges and
-3-
Mar 14 2006 15:16
CLASS1I111TRANPRT
717 899 6012
p.7
(Jl~~ He.vf"
,
IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
---- ----~-..~"'-._~-~--~--_...,.- -..- -"'"--_."_...._-~--,--_._--
DATE: ""hrll~o:y ~ ?OOS
NO:
~~-/Lld
PETITION FOR PROTECTION FROM ABUSE
1 a.) My name is: KriRty Mr.Carri..1I
, I am filing this Petition on behalf Of:G;] Myself AND/OR D Another Person(s),
If you checked "myself', please answer all questions referring to yourself as "plaintiff'. If you checked "another person",
please aoswer all questions referring to that personas "plaintiff' and provide YOUR address here:
1b.) If you checked "Another Person" please indicate your relationship with the plaintiff:
o Parent of minor plainliff(s) 0 Guardian ad llitem of minor plaintiff(s)
o Adult household member with minor
plaintiff(s) -
C=:J Court appointed guardian of incompetent plaintiff(s)
1 c.) Name(s) of ALL person(s), including Plaintiff and minor children who seek protection from abuse:
I<ri!llity M~~::lIrrl~1I
2. c:J Plaintiffs address is confidential
OR
GiLJ Plaintiffs address is: Hr. 61 Rnl( 30 .sh~n" C;~p p~ 17?Sii
3. Defendant's name is:
Wp.dnn ~rp.p.n .Ir
who resides at: 1 M:::irilyn nrivl=l r.::Irli~lp. P::I 17n1::\
Defendant's date of birth is:' 11-:l0-7R
Defendant is employed by: Ilnknnwn
Social Security number is: 1 BR-AO-~::lR~
4. Indicate the relationship between the plaintiff and the defendant:
D Spouse GiJ Ex-spouse GX:::J Parents of the same children
c:J Parent and child
c:J Current or former sexualflntimate
c::::J Brother/sister, sister/sister, brother/brolher
c:J Other relationship by blood or marriage: (Please explail1)e nn~mal ofI111" DOCUnJUfil 1_
be~nfncd in th~ Off!ceofthe
F'ToThono:I.;.'Uy"-C:;:~,'.k ,,(C'Our;, 00
FES () 3 ZU05
Mar 14 2006 15:16
CLASS#1#TRANPRT
717 BSS 6012
p.B
5, I am as~ing the Court to order the defendant to leave the residence located at
which is 0 Owned OR
o Rented by:
6. Plaintiff and defendant are the parentspf the following minor child(ren) who reside at:
NAME
DATE OF BIRTH
ADDRESS: (List address unless confidential)
K:::lylp-igh Ann r;r~n
0'1_')0_01
Hr: R 1 Rflx ~n Sh..cj" r.ap p" 17?SS
nP.r.oo:::! Grppon
10-15-0?
Hr: 61 Ro" 0'10 Sh..rt" r."p PA 17?S5
7. The following minor child(ren) who are 110t related to the defendant presently live with the plaintiff:
NAME
DATE OF BIRTH
PLAINTIFF'S RELATIONSHIP TO
8. The facts of the most recent incident of abuse are as forlows:
DATE: 1.O'IO-OS
TIME: 7 P m
PLACE: Mr-nn,.,~ld',:::: in (".:::iIrli~'j:l
Pl:::!intIff ~nrl r1p.fp.ntl:::ilnt WFrF! marriArlfnr ~ 1 J? yp.::::ir~ ::Inn h::.vp ? minnr r::hilrlrF!n ThAY ::lrp- rlivnr~Arl ~nrl pl~intjff i~ rp-m:::lrriAA
Thp.,y w~rt='F!)(~h~nging r:hilrtrpn ;:jftPf ~ 'Ji~i~ with thRir f::!thp.r whF!n thi~ inr::ident h::lppAnPrl
PI::!intiff hi:lrl pI It r.hikirpn in thlCl r.:::.r ~nrl ~hp WR~ !C:itting with thpm . PI ~intiffJ:!;Ap.n th:::ilt hF!r Ax-hi J~h;::lnd w~s :::iICQllin~ with hF!r
prP.t::.Fl!nt hll~h~nrl P\~\ntiff got O\lt nf r..::tr ::'4nn tn\rl 'nF!r hll.!=:.h::mrl "IAt!"; g~" f)Afp-nn::.n1 th~n Rt:::lrt~rl ~~allinQ with "I~ititlff
nAfAnn:1nt thAn qr~hhp.d pl:::lintiff hy f~r:p. :::!Inn pll~hArl hp.r h::u~kw::m1~ ::ag.=lin~t vFlhir.!p PI:::!lntiff thAn ~pit in rlF!fAnrl::mt'~ fM.A ~o
h,::r.';Alnlllti IA:=!VP- hp-r ~lntiA n~fF!nrl~nt thAn ~pit In "I~intiff'!!l:: f.::Ir.F! PI:::!intiff thp.n r.~'lp.rl pnlil"':p PnliC:F! rc:lmA ~nrl filF!n
h~~~~mAnt :.=lg:1ifi~t np-fpnri~nt Thi~ i~ \lVh~n PS;P tnlrl hPlr ~hF! nP.!MAr.I tn QAt::i P'i=A
2
Mar 14 2006 15:17
CLASS#I#TRANPRT
717 899 6012
p.9
(Most recent incident of abuse -
9. The defendant has committed prior acts of abuse against me, my minor child(ren) or the plaintiff (if I am filing for someone
else). List examples of such abuse, including any threats, injuries or incidents of stalking, and state when these Incidents
occurred:
10. The defendant has used or threatened to use the following weapon(s) against plaintiff and/or minor children listed above:
3
Mar 14 2006 15:17
CLASS1I111TRANPRT
717 BSS 6012
p.10
11. If plaintiff and defendant are parents of any minor child(ren), is there an existing custody order regarding their custortWA><
Who has primary custody umJer that order? r'.inliff i prim"C1 ph~yio,,1
If you are now seeking an Order of child custody as part of this petition, please list the following information:
(A) Where has eaCh child resided during the past 6 months?
CHILD'S NAME:
PERSONIS) CHILD LIVED
ADDRESS. UNLESS
(B). List any other persons who are known to have or claim a nght to custody of each child listed above:
NAME:
ADDRESS:
BASIS OF CLAIM:
12. Have plaintiff and defendant been Involved in any of the following court actions? (If you are filing this Petition on behalf of
another person, please answer this and all questions using that person as plaintiff.)
[iiJ Divorce'
GiLl Custody
GiLJ Support
GiLJ ProtectIOn From Abuse
If you have checked any of the above, briefly indicate when and where the case was filed and the court number. if known:
All In CllmhP.rbmrl r.nllnty
Has the defendant been Involved in any criminal court action?n"
If you answered YES, is the defendant currently on probation or parole"'''
13. Defendant owes a duty of support to plaintiff and/or the minor child(ren).
14. As a result of tl1e abuse described above, I have suffered financial losses. (Please list those losses):
15. There is an immediate and present danger of additional abuse from the defendant.
4
Mar 14 2006 15:18
CLASS#1#TRANPRT
717 8SS 6012
p.11
------.--'- .-_.
~
;:OFl TrlE REASONS SET FORTH ABOVE. r REQUEST TrlAT THE COURT ENic.R A TEMPORARY ORDER. AND AF'"E"
rlEARING.A FTNAL ORDER THA.TWOULO 00 THE FOLLOW1NG (CHECK FORMS OF REUEF REQUESTED]:
.Wl
A.) Restr~~~<__~:!~,.n_~_~_12!.!~~_~_~'?_~_~!~2~__~!_~~!_~"inQ~c:~arassing '? r stalkj~g pJaj~jitf_ Gn.~c:[ tn_oa_mi_nCJ_chiicLrJm) ,in-any ~ace
-- wh"era they mJ:iY be round.
i : 6.) ='Jic-Jex:dude c;rendant from plaintiffsresiC:erlce and prevent defendant hem attempting _~c ~!",tef any tempor2ry '::r
permanent resic:ence of the plaintiff.
I 1 C~) Require defenc;:;.ntta provide pl-ainrifhvtth ather suttable housing.
J I D.) Award ptaintii'f:E:mporar-J custody oitneminc,. child{ren) alld place 3cprccri-=:te res.;-]c'jans on ::cmac: bew.'een
detendant and~re child{ren).
~ E.!.crahlbt deTert'ant frcm hav\r,g an')' c-:n!aC': with plaintiff and/or miner chilc'(ren>. :::ither ~n ;:erSGn. '-.;y :e!e;:ncn€. T:
'Nriting, or by t~irc person, inc:uCing !::ut not flmftec:! to :any cant2ct ar;:>lamtiti's. sct"iccl, bus;n~s'S or ;:\ac-.:- :i
e'Tl.cloyment ;and preMiert d.efencant from h;;:rCissir.(; or having '5.r.'1 :~r.ti:c: .Nrth ,:\a]r.tiM'~ ;;iatve;:.
I 'I F.) Order defencanttotemporariiy relin.quish weapons to the Sheriff
l' I G.) Djrec";thedefend~nt~o pay plaintiff fcrtMereascnable nnandallosses suffered as a resuttofthe abuse.
f. XX I, H.} Order defendant tOPCiY pla[ntff '5 reasonable attorney fees IT I 8m re-presented,by counsaL
~ t.i Order defendant to pay to pay the costs of this action, including filing and s:ervice fees.
I XX I.
. J.) Grantsuch ather relief 'as the Court deems :apprcpriste.
I xxi I
~ K.)\ also reque5: that the Judge order the pclics or other I?w enforcement agency to s.erve defendant with a copy of
this Petition and the Order far hearing I willinrarrn th@policeofany address. other than defendant's residence,
where he or she can be served.
VERIFICATION
I vem'! that I am the Petitioner in this action and that the facts and statements centained in the above Petition
are true and CO<T<!ct. 1 understand that falS<! statements herein ar<! mode subiect to the cena/ties of 18 Pa.C.S.
!i~904, relanna to unsworn falsification toauthorines.
DA'rE:
;/-3-05
PETTTIONER~
c''''
10/,77; ?Ju~W
5
1--
Ma~ 14 2006 15:15
CLASS#I#TRANPRT
717 BSS 6012
p.2
f\f{.
. .
IN THE COURT OF COMMON PLEAS
HUNTINGDON COUNTY, PENNSYLVANIA
CIVIL DIVISION
KRISTY McCARDELL,
plaintiff
NO. 2005-142
vs.
WESTON GREEN, JR.
Defendant
PFA
o R D E R
AND NOW, this 24th day of February 2005, after
hearing, the protection from abuse order entered in this
case February 3, 2005 is made permanent for a period of
six (6) months. costs shall be paid by the Defendant.
BY THE COURT:
1tWJUt1<
Stewart L. Kurtz, Judge
NC'n8~ O~ ENTRY OF cr'lD;:R OR D~CKEE
PLF~'FJr\NT TO F/\, R. C, P ~'i(), ~~:n
N(Yi-;:::V:;/"T10N ~ T";i:,:; D-"::Gt/i\,;:~,jJr Hi\S
B:: :~':".' ;::,:~. ~:::) 1 il.l r.<;:; C;::,~_':_:.
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Certified from the reCOrd this
;;6 dayo: ~A.D.,20 Os'
PROTHO~OFCOURT
D
!-;Ui'~";":I\jCi..J;.).'" Cr:)L'i-n\~ PA
FEB 2. 52005
CERTIFICATE OF SERVICE
T~,\
AND NOW, this ?- 7 day of March 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 Petition for Special Relief, 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 Drive
Carlisle, PA 17013
Respectfully submitted,
AnOM & KUTULAKIS, L.L.P.
/~~
- ,~~~ .~~
fde Jason p, Kutulakis
ID No. 80411
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiffi
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GEORGE MCCARDELL, CALVIN JUMPER,
MARlL YN JUMPER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
06-1772
CIVIL ACTION LAW
WESTON R. GREEN, JR.
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW.
Wednesday, March 29, 2006
_' upon consideration of thc attachcd Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.
, the conciliator,
at
4th Floor, Cumherland County Courtbouse, Carlisle on
Friday, May 05, 2006
at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effC1I1 will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow thc 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 hearing.
FOR THE COURT.
By: Isl
Hubert X GilroV, E~
Custody Conciliator
1/ hi]
c1 If
I
Thc Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disahilites 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
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 17013
Telephone (7 I 7) 249-3166
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RECEIVE: ~
MAR 2 8 2006
BY;
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GEORGE MCCARDELL, CALVIN
JUJ'vlPER, and MARILYN JUMPER
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, Pf\
v.
NO. OCr /77.;1 Cw --r:..-.
WESTON R. GREEN JR.,
CIVIL ACTION - LAW
IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this .3{~ day of March, 2006, upon consideration of the
attached Petition for Special Relief, it is ORDERED and DECREED that the parties
and their respective counsel appear before This Honorable Court, on the '7,e.. day
of ~ ,2006, at II.' ]0 A .m., in the Cumberland County
Courthouse in CQ!1rtroom Number:J for a He~ring on said pe~~ 11 . .
;;t ~ ~ ~ ~ I?-t- - TV 1'''-''-:J
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v:r('mn P. Kutulakis, Esquire .
:;Weston R. Green)r. ~ ()
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GEORGE MCCARDELL, CALVIN
JUMPER, and MARILYN 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
AMENDED PETITION FOR SPECIAL RELIEF
AND NOW, comes the Petitioners, George McCardell, Calvin Jumper, and
Marilyn Jumper, by and through their attorney, Jason P. Kutulakis, Esquire, of ABOM
& KUTULAKlS, L.L.P., and respectfully petitions this Honorable Court to grant
Petitioners special relief, and in support thereof avers the following:
1. Paragraphs 1 through 22 of the original Petition for Special Relief are
incorporated herein by reference as though set forth in full.
2. It is believed and therefore averted that the subject minor children, Kayleigh
and Dacoda Green, are not in the custody of their Father, Weston Green, and
have not been since March 12,2006. See attached excerpt of transcript from a
support contempt hearing that was held on March 24, 2006 and marked as
Exhibit "A."
3. It is believed and therefore averted that on March 29, 2006, the subject minor
children were not in the care of their Father as Mr. Green was out at a late hour
at Allstars Sports Bar.
4. It is believed and therefore averred that the Father is planning to move to
Atlanta, Georgia and to take the subject minor children with him without the
consent of their Mothet, Kristy McCardell or this Court.
WHEREFORE, Petitioner prays that This Honorable Court grant his Petition
for Special Relief and order the Respondent to return the children to the primary care
of the Step-Father and require Father to allow the children to have contact with the
Maternal Grandparents and Step-Father. Furthermore, Petitioners request that This
Honorable Court order the Respondent to not remove the subject minor children,
Kayleigh and Dacoda Green, from the jurisdiction of this Court.
Respectfully submitted,
ADOM & KUTULAKIS, L.L.P.
DATE 1/- '1-{)~
JL
on P. Kutulakis
I No. 80411
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Petitioners
ATTORNEY AFFIDAVIT
JASON P. KUTULAKIS, ESQUIRE, states that he is the attorney for the party
filing the foregoing document; that he makes this affidavit as an attorney, because the
party he represents lacks sufficient knowledge or information upon which to make a
verification and/or because he has greater personal knowledge of the information and
belief than that of the party for whom he makes this affidavit; and/or because the party
for whom he makes this affidavit is outside the jurisdiction of the court, and verification
of none of them can be obtained within the time allowed for the filing of the document;
and that he has sufficient knowledge or information and belief, based upon his
investigation of the matters averred or denied in the foregoing document.
DATE: April 7, 2006
~~~
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trailer?
Q What's your address?
A 1 Marilyn Drive.
Q Who do you live with?
A Myself.
Q Do you rent or own that?
A Rent.
Q Is your rent paid?
A No.
Q How much are you behind in rent?
A Almost $1400.00.
Q Who's your landlord?
A I don't remember his last name.
Q Is it a house or an apartment?
A It's a trailer.
Q Do you pay lot rent or do you own the
A Rent and lot rent.
Q
Okay.
So you rent the trailer itself?
A Yes.
Q Does anyone else live there with you?
A No.
Q Do you have a bank account?
A No.
Q Have you settled your personal injury claim
from your car accident?
EXHIBIT
J A
8
CERTIFICATE OF SERVICE
AND NOW, this 7th 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 Petition for Special Relief, upon the Defendant by depositing, or
causing to be deposited, same in the United States Mail, Fitst-class mail, postage
prepaid addressed to the following:
Weston R. Green, Jr.
1 Marilyn Drive
Carlisle, PA 17013
Respectfully submitted,
ADOM & KUTULAKlS, L.L.P.
~Lz-
Jas n P. Kutulakis
I No. 80411
36 South Hanover Street
Carlisle, P A 17013
(717) 249-0900
Attorney for Plaintiffs
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GEORGE McCARDELL, CALVIN
JUMPER, and MARILYN JUMPER,:
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-1772 CIVIL TERM
WESTON R. GREEN, JR.,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 7th day of April, 2006, after
conference with counsel, and consideration of the Petition For
Special Relief, it is hereby ordered and directed as follows:
1. As soon as Mother is released from the Franklin
County Prison, the terms of our Order dated September 24, 2004,
shall be reinstated.
2. Neither party shall remove the children from the
Commonwealth of Pennsylvania without further Order of Court.
In all other respects, the Petition For Special
Relief is DENIED.
By
Edward E. Guido, J.
~son P. Kutulakis, Esquire
For the Plaintiff
~ston R. Green, Jr.
1 Marilyn Drive
Carlisle, PA 17013
Defendant, Pro se
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GEORGE MCCARDELL, CALVIN
JUMPER, and MARILYN JUMPER
Plaintiffs
. IN THE COURT OF COMNION PLEAS
; CUMBERLAND COUNTY, FA
v.
NO. 06-1772
: CIVIL ACTION - LAW
: IN CUSTODY
WESTON R. GREEN JR.,
Defendant
-------------------------------
---------------------------------------------------------------------------
KRISTY M GREEN (MCCARDELL),: IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
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 ABOIVI & KUTULAKIS, L.L.P., and hereby
ftles this Petition to Transfer Venue, and in support thereof avers as follows:
1. On or about September 24, 2004, This Honorable Court entered an Order
granting Mother primary physical custody and Weston Green (Father)
partial physical custody of the subject minor children.
2. On or about March 2004, Mother relocated with the children to Huntington
County, Pennsylvania, with Father's concurrence.
f
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. 5 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
personal relationships. 23 Pa.C.S.A. 55422.
.
WHEREFORE, Petitioner respectfully requests This Honorable Court to
transfer jurisdiction over the above-docketed custody action to Huntington County,
Pennsylvania.
Respectfully submitted,
ABOM & KUTUL1K1S, LLP.
DATE f J;JtJ --DC
Jas n P. Kutulakis
I No. 80411
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attornry for Plaintiffs
.
CERTIFICATE OF SERVICE
AND NOW, this P/ 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, samc in the United States Mail, First-class mail, postage prepaid
addressed to thc following:
Weston R. Green, Jr.
1 Marilyn Drive
Carlisle, PA 17013
Respectfully submitted,
ADOM & KUTULAKIS, L.L.P.
P. Kutulakis
ID 0.80411
36 South Hanovcr Street
Carlislc, PF\ 17013
(717) 249-0900
Attorney jOr Plaintiffs
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GEORGE MCCARDELL, : IN THE COURT OF COMMON PLEAS OF
CALVIN JUMPER, and MARILYN: CUMBERLAND COUNTY, PENNSYLVANIA
JUMPER,
Plaintiffs
V.
WESTON R. GREEN, JR.,
Defendant
: NO. 2006 - 1772 CIVIL TERM
KRlSTY M. GREEN
(MCCARDELL)
Plaintiff
; IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
WESTON R. GREEN, JR.
: NO. 2003 - 2406 CIVIL TERM
ORDER OF COURT
ST ;:;"odu,
AND NOW, this L day ofMA Y, a Rule is issued upon Weston R. Green, Je., as
well as the Plaintiffs in No. 2006 - 1772 Civil Action, to Show Cause why the Petition of
Kristy M. Green (McCardell) to Transfer Venue to Huntingdon County, Pennsylvania
should not be granted.
Rule returnable ten (10) days after service.
Edward E. Guido, 1.
:sld
;ason P. Kutulakis, Esquire
';weston R. Green, Jr., pro se ~
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GEORGE MCCARDELL, CALVIN
JUMPER, and MARILYN JUMPER
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, P A
v.
NO. 06-1772
CIVIL ACTION - LAW IN CUSTODY
WESTON R. GREEN JR.,
Defendant
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, liP 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 Plaintiff's 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
~~--A?
1'" Jason P. Kutula , squire
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, PA 17103
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GEORGE MCCARDELL, CALVIN
JUMPER, and MARILYN JUMPER
Plaintiffs
MAY 1 !l 2006
. '.7. j
LL: '. . ._~__C{__
IN THE COURT OF COMMON l'LJ<:AS- .- _.- -
CUMBERLAND COUNTY, PA
v.
NO. 06-1772
CIVIL ACTION - LAW IN CUSTODY
WESTON R. GREEN JR.,
Defendant
ORDER OF COURT
AND NOW, this J,..f day of~, 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. It is hereby ORDERED AND DECREED that the Custody Conciliation
Conference scheduled for May 26, 2006, is CANCEL
The Honorable Edward E. Guido, 1.
Distribution:
....R'ubert Gilroy, Esquire
~on P. Kutulakis, Esquire
VW'eston R. Green Jr., pro se ~
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GEORGE MCCARDELL, CALVIN
JUMPER, MARILYN JUMPER,
Plaintiffs
i JUN 1 F ZiJU6
~:Y__m .b
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-1772 CIVIL ACTION - LAW
vs.
WESTON R. GREEN, JR.,
Defendant
IN CUSTODY
ORDER
?~~
AND NOW, this I,) day of June, 2006, the Conciliator being advised that
the parties have resolved the case, the Conciliator relinquishes jurisdiction.
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