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KRISTY GREEN,
Plaintiff
for herself and on behalf
of her minor children:
Shane Clark
Christopher Clark
Kaylee Green
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
PAUL GREEN,
PROTECTION FROM ABUSE , CUSTODY
: 95-3363 CIVIL TERM
Defendant
IN RE: AMENDMENT
ORDER OF COURT
AND NOW, this 15th day of December, 1995, upon
consideration of Plaintiff's Motion To Modify Custody Order and
followinq a hearinq, it is ordered and directed that the Order
of Court dated July 25, 1996, be amended with respect to the
first paraqraph to provide that visitation shall be "every other
Thursday at the Cumberland County Prison" as Opposed to "every
other Friday."
It is further ordered that the said Order of
Court be amended with respect to the second paraqraph so that
the second paraqraph shall read as follows: "The transportation
of the child for purposes of this visitation shall be provided
by Defendant's relative, Marqaret Handshew, or such other person
as the counsel in this case aqree upon after consultation with
their clients, and Plaintiff, Kristy Green, shall make the child
available at her residence in Boiling Springs, Pennsylvania, for
pick-up by the said Margaret Handshew at 6:30 p.m. every other
Thursday in accordance with Paraqraph 1 hereof."
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Jacqueline M. Verney, Esquire
Counsel for the Plaintiff
Ron Turo, Esquire
Counsel for the Defendant
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I<RISTY GREEN,
Plaintiff
for herself and on behalf
of her minor children:
SHANE CLARl<
CHRISTOPHER CLARI<
I<AYLEE GREEN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
95-3363 CIVIL TERM
PAUL GREEN,
Defendant
PROTECTION FROM ABUSE AND CUSTODY
ORDER OF COURT
AND NOW, this 25th day of July, 1995, the
Defendant now appearing in court with his privately retained
counsel, Ron Turo, Esquire, and the Plaintiff being represented
by her privately retained counsel, Jacqueline M. Verney,
Esquire, and being unable to be present herself because of
illness, it is ordered and directed that the Defendant shall
have partial custody of the parties' child, I<aylee Green, in the
form of visitation every other Friday at the Cumberland County
Prison, where he is an inmate, for a period of one hour.
The transportation of the child for purposes of
this visitation shall be at the mother's discretion, and she
may, if she wishes, utilize the services of one of the
Defendant's relatives or she may utilize some other sourCG for
transportation.
By the court,
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Jacqueline M. Verney, Esquire
Attorney for Plaintiff
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Ron Turo, Esquire
Attorney for Defendant
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l<RISTY GREEN,
Plait,tiff:
JUH 30 Z <:4 PH '95
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND co~~t,. \~iENNSYLVANIA
for herself and on behalf of
her minor children:
SHAYNE CLARK
CHRISTOPHER CLARK
l<AYLEE GREEN
j , ' . ;: r- It"
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v.
CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
: AND CUSTODY
PAUL GREEN,
Defendant
.
.
: 95-3363 CIVIL TERM
ORDER OF COURT
AND NOW, this 30th day of June, 1995, upon
consideration of the Petition for Protective Order and custody,
and the Defendant having moved for a continuance in order for
him to consider the possibility of retaining private counsel,
and the Plaintiff, through her counsel, Jackie Verney, Esquire,
having agreed not to oppose the continuance so long as the
Temporary Protective Order of June 22, 1995, would remain in
effect, the Defendant's motion for a continuance is granted, and
the hearing herein is rescheduled for Friday, October 13, 1995,
at 9:00 a.m. No further notice of this hearing will be provided
to counselor the parties since Plaintiff's counsel and both
parties are present in court for the dictation of this Order.
Pending the said rescheduled hearing, the
Temporary Protective Order dated June 22, 1995, shall remain in
full force and effect. Nothing herein is intended to preclude
the parties from modifying that Temporary Protective Order
, ....
pursuant to mutual agreement approved by the Court.
By the Court,
JACQUELINE H. VERNEY, ESQUIRE
For the Plaintiff
PAUL GREEN, PRO SE
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
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KRISTY GREEN,
Plaintiff
for herself and on
behalf of her minor
children,
SHANE CLARK
CHRISTOPHER CLARK
KAYLEE GREEN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
PAUL GREEN,
Defendant
NO. 95-3363 CIVIL TERM
ORDER OF COURT
AND NOW, this 1.'t1L day of November, 1995, upon consideration
of Defendant's attached letter, a hearinq is scheduled on the
Plaintiff's Motion To Modify Custody Order for Friday, December 15,
1995, at 1:30 p.m., in Courtroom No.5, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Jacqueline M. Verney, Esq.
7 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Paul Green
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Defendant Pro Se
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KRISTY GREEN,
Plaintiff
for herself and on
behalf of her minor
children,
SHANE CLARK
CHRISTOPHER CLARK
KAnEE GREEN
v.
PAUL GREEN,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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NO. 95-3363 CIVIL TERM
AND NOW,
ORDER OF COURT
this \ .., it. day of November,
1995, upon consideration
of Plaintiff's Motion To Modify Custody Order, a RULE ie hereby
issued upon Defendant to show cause why the relief requested should
not be granted.
RULE RETURNABLE within 10 days of service.
BY THE COURT,
Jacqueline M. Verney, Esq.
7 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Paul Green
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Defendant Pro Se
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Modify Custody Order shall be held on the
day of
KRISTY GREEN,
Plaintiff
for herself and on behalf
of her minor children:
SHANE CLARK
CHRISTOPHER CLARK
KAY LEE GREEN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-3363 CIVIL TERM
PROTECTION FROM ABUSE AND
CUSTODY
PAUL GREEN,
Defendant
IN RE: MOTION TO MODIFY CUSTODY ORDER
ORDER OF COURT
AND NOW, this
day of
1995, a
Hearing in the above captioned matter to consider the Motion to
, 1995 in Courtroom No.5, Cumberland County
Courthouse, at
o'clock
.m.
By the Court,
J. Wesley Oler, Jr.,
J.
Jacqueline M. Verney, Esquire
Attorney for Plaintiff
Paul Green, Pro Se
v.
NO. 95-3363 CIVIL TERM
KRISTY GREEN,
plaintiff
for herself and on behalf
of her minor children:
SHANE CLARK
CHRISTOPHER CLARK
KAYLEE GREEN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PAUL GREEN,
Defendant
PROTECTION FROM ABUSE AND
CUSTODY
MOTION TO MODIFY CUSTODY ORDER
AND NOW comes Plaintiff, Kristy Green, by and through her
attorney, Jacqueline M. Verney, Esquire of Sodus & Verney and
represents the following:
1 . On June 22, 1995, the Honorable J. Wesley Oler, Jr.
entered a Temporary Protective Order in the above captioned matter,
attached hereto as Exhibit A. Said Order being Continued Generally
by Order of October 13, 1995, attached hereto as Exhibit B.
2. On July 25, 1995, the Honorable J. Wesley Oler, Jr.
entered an Order, attached hereto as Exhibit C, granting visitation
of the parties' child, Kaylee Green, to the Defendant, Paul Green,
every other Friday at the Cumberland County Prison.
3. The Order of July 25, 1995 further provides that
transportation of the child is at the Plaintiff's discretion and if
she so desires may utilize the services of one of Defendant I s
relatives.
4. Plaintiff has utilized Defendant's cousin's wife,
Margarette Handshew for transportation of Kaylee to the visits.
5. When Defendant's relative is unable to transport Kaylee,
Plaintiff has transported Kaylee to visits.
6. Cumberland County Prison regulations require an adult,
other than the prisoner, accompany a minor child into a contact
visit.
7. When Defendant's relatives do not transport the child,
the above regulation requires Plaintiff be present in the same room
with Defendant and the child, although a prison guard is also
present. Plaintiff has transported Kaylee on two occasions, the
most recent being November 9, 1995,
6. During the contact visit of November 9, 1995, Defendant
discussed the pending criminal charges against him wherein the
Plaintiff is the key witness and victim. Defendant repeatedly
requested Plaintiff drop the criminal charges against him.
9. Plaintiff has no friends, family or acquaintances willing
to accompany the child to the contact visits.
10. Plaintiff is willing to transport the child to the
Cumberland County Prison but does not believe she should be
subjected to a "forced contact visit" with the Defendant in light
of the Temporary Protective Order and the pending criminal charges.
11. The Court Order of July 25, 1995 and the Cumberland
County Prison regulations impose an undue hardship on Plaintiff
when Defendant's relatives do not accumpany the child.
WHEREFORE, the Plaintiff requests the Court modify the
existing Order to provide:
1. Defendant is enti tled to visi tation only when his
relatives accompany and/or transport the child to the
Cumberland County Prison.
2. Plaintiff mother is relieved from making the child
available for visitation when Defendant's relatives are
unable to accompany the child.
Respectfully submitted,
SODUS & VERNEY
By /5/ ~LLGJ1t. ~
jacq~li~K-M:-verney, Esquire
I.D. No. 23167
7 Irvine Row
Carlisle, PA 17013
717/243-9190
Attorney for Plaintiff
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VERIFICATION
I hereby verify that the statements made in the above Motion
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
n~F 15; /91.5-
Date
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K isty?en
KRISTY GREEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
for herself and on behalf
of her minor children:
SHAYNE CLARK
CHRISTOPHER CLARK
KAYLEE GREEN
NO. 95 - 33"3
CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
V.
PAUL GREEN,
Defendant
TEMPORARY PROTECTIVE ORDER
And Now, this ..1.;l~ day of ~ ' 1995,
upon presentation and consideration of the within Petition, and
upon finding that the plaintiff, Kristy Green and her minor
children, now residing at 223 Plaza D~ive, Boiling Springs,
Cumberland County, Pennsylvania, are in immediate and present
danger of abuse from the defendant, Paul Green, the following
Temporary Order is entered.
The defendant, Paul Green, now reSiding at Cumberland County
Prison, Cumberland County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, Kristy Green or her children, or
placing them in fear of abuse and is excluded from and ordered to
stay away from the residence located at 223 Plaza Drive, Boiling
Springs, Cumberland County, Pennsylvania, a residence leased solely
by the plaintiff, to which the plaintiff moved to avoid abuse and
is not owned or leased by the defendant. ~he defendant is hereby
notified that if he resides in the plaintiff's domicile contrary to
this Order, he may be in indirect criminal contempt which is
[XIII' I! fI.-
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punishable by a fine not to exceed $1,000.00 and lor by a sentence
of up to six months in jail and any other appropriate punishment.
Resumption of co-residence on the part of the plaintiff and the
defendant shall not nullify the provisions of the court order
directing the defendant to refrain from abusing the plaintiff or
her minor children.
The defendant is ordered to refrain from having any contact
with the plaintiff including, but not limited to, entering the
plaintiff's place of employment, or the children's day care center,
stalking the plaintiff, and harassing the plaintiff, her relatives
or minor children.
This Order shall remain in effect until a final order is
entered in this case.
the 30 j;k. day of
Courtroom No. ,<;
A hearing shall be held on this matter on
, 1995, at lJ: LlS- ll.m. in
~~._.
, Cumberland
County Courthouse, Carlisle,
Pennsylvania.
The Cumberland County Sheriff's office shall attempt to make
service without costs at the plaintiff's request, but service may
be accomplished under any applicable rule of Civil Procedure.
This Order and Petition shall be docketed in the Office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order and Petition to
the defendant by mail.
The Pennsylvania State Police, Carlisle, Carlisle Borough
Police Department and Mechanicsburg Borough Police Department will
be provided with a copy of this Order by the attorney for the
plaintiff. This Order shall be enforced by any law enforcement
.
agency when a violation occurs by arrest for indirect criminal
contempt. The arrest may be without warrant upon probable cause
that this Order has been violated, whether or not the violation is
committed in the presence of the police officer. In the event that
an arrest is made under this section, the defendant shall be taken
without unnecessary delay before the court that issued the Order.
When that court is unavailable, the defendant shall be arraigned
before the appropriate district justice. (23 Pa.C.S.A. Section
6113).
By the Court,
loS! ~,W .~~ (91.", I ~ .
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TRUE COpy FROM RECORD
In TllSlImony Whereof,l here unto set my hand
1\~!1 the sea,,!if said Co at Car1ls1e. Pa.
1 his ,;J~ day, of .,111 9 ~
KRISTY GREEN, I
Plaintiff I
for herself and on I
behalf of her minor I
children, I
SHANS CLARK I
CHRISTOPHER CLARK .
.
KAYLES GREEN I
.
.
v. I
.
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PAUL GREEN, I
Defendant I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-3363 CIVIL TERM
ORDER OF COURT
AND NOW, this lilt day of October, 1995, upon agreement of
counsel, the hearing previously scheduled in this matter for
October 13, 1995, is CONTINUED GENERALLY until either party
requests a hearing.
THE TEMPORARY ORDER entered in this matter shall remain in
full force and effect until further order of court.
BY THE COURT,
tV-
J Wesley 01
~queline M. Verney, Esq.
/" 7 -irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Samuel Milkes, Esq.
52 East High Street
Carlisle, PA 17013
Attorney for Defendant
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TRIJ~ r.O?': ::RI""i P.~"ORD
In r ! Ir ,.:. I I .. ..: I :'1y hand
and 1hc :';:';11 vi 5,~'d \..; Irt ,~I C'ri:!lc. rJ.
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KRISTY GREEN,
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintift
tor herselt and on behalt
ot her minor children:
SHANE CLARK
CHRISTOPHER CLARK
KA YLEE GREEN
v.
95-3363 CIVIL TERM
PAUL GREEN,
Defendant
PROTECTION FROM ABUSE AND CUSTODY
ORDER OF COURT
AND NOW, this 25th day of July, 1995, the
Defendant now appearing in court with his privately retained
counsel, Ron Turo, Esquire, and the Plaintiff being represented
by her privately retained counsel, Jacqueline M. Verney,
Esquire, and being unable to be present herself because of
illness, it is ordered and directed that the Defendant shall
have partial custody of the parties' child, Kaylee Green, in the
form of visitation every other Friday at the Cumberland county
Prison, where he is an inmate, for a period of one hour.
The transportation of the child for purposes of
this visitation shall be at the mother's discretion, and she
may, if she wishes, utilize the services of one of the
Defendant's relatives or she may utilize some other source for
transportation.
By the court,
J
Jacqueline M. Verney, Esquire
Attorney for Plaintiff
..
Ron Turo, Esquire
Attorney for Defendant
Wesley Ole ,
TRUE COpy FROM RECORD.
In Tesfmcnv \ ,In~~r. I h.-r" IJnto set my hand
and the s~r said Court at Carlisle, Pa. -
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Carlbl.. .......yl...ia 17013
(717) 243.9190 PIC,lmile (717) 243.994&
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KRISTY GREEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - ~ ~(" ~ CIVIL TERM
for herself and on behalf
of her minor children:
SHAYNE CLARK
CHRISTOPHER CLARK
KAYLEE GREEN
PROTECTION FROM ABUSE
AND CUSTODY
V.
PAUL GREEN,
Defendant
TEMPORARY PROTECTIVE ORDER
And Now, this ~ day of ~~nc..
, 1995,
upon presentation and consideration of the within Petition, and
upon finding that the plaintiff, Kristy Green and her minor
children, now residing at 223 Plaza Drive, Boiling Springs,
Cumberland County, Pennsylvania, are in immediate and present
danger of abuse from the defendant, Paul Green, the following
Temporary Order is entered.
The defendant, Paul Green, now residing at Cumberland County
Prison, Cumberland County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, Kristy Green or her children, or
placing them in fear of abuse and is excluded from and ordered to
stay away from the residence located at 223 Plaza Drive, Boiling
Springs, Cumberland County, Pennsylvania, a residence leased solely
by the plaintiff, to which the plaintiff moved to avoid abuse and
is not owned or leased by the defendant. ,The defendant is hereby
notified that if he resides in the plaintiff's domicile contrary to
this Order, he may be in indirect criminal contempt which is
., ,
punishable by a fine not to exceed $1,000.00 and lor by a sentence
of up to six months in jail and any other appropriate punishment.
Resumption of co-residence on the part of the plaintiff and the
defendant shall not nullify the provisions of the court order
directing the defendant to refrain from abusing the plaintiff or
her minor children.
The defendant is ordered to refrain from having any contact
with the plaintiff including, but not limlted to, entering the
plaintiff's place of employment, or the children's day care center,
stalking the plaintiff, and harassing the plaintiff, her relatives
or minor children.
This Order shall remain in effect until a final order is
entered in this case. A hearing shall be held on this matter on
the -fa .a:, day of 9~.'~ , 1995, at ;r: If.,'j- ",.m. in
Courtroom No. .<" Cumberland County Courthouse, Carlisle,
Pennsylvania.
The Cumberland County Sheriff's office shall attempt to make
service without costs at the plaintiff's request, but service may
be accomplished under any applicable rule of Civil Procedure.
This Order and Petition shall be docketed in the Office of the
Prothonotary and forwarded to the Sheriff for service. The
Prothonotary shall not send a copy of this Order and Petition to
the defendant by mail.
The Pennsylvania State Police, Carlisle, Carlisle Borough
Police Department and Mechanicsburg Borough Police Department will
be provided with a copy of this Order by the attorney for the
plaintiff. This Order shall be enforced by any law enforcement
agency when a violation occurs by arrest for indirect criminal
contempt. The arrest may be without warrant upon probable cause
that this Order has been violated, whether or not the violation is
committed in the presence of the police officer. In the event that
an arrest is made under this section, the defendant shall be taken
without unnecessary delay before the court that issued the Order.
When that court is unavailable, the defendant shall be arraigned
before the appropriate district justice.
(23 Pa,C.S.A. Section
6113) .
By the Court,
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KRISTY GREEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 3~C.3 CIVIL TERM
for herself and on behalf
of her minor children:
SHAYNE CLARK
CHRISTOPHER CLARK
KAYLEE GREEN
V.
PROTECTION FROM ABUSE
AND CUSTODY
PAUL GREEN,
Defendant
tlOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
promptly after this Petition, Order and Notice are served, by
appearing personally or by attorney at the hearing scheduled by the
Court and presenting to the Court your defenses or objections to
the claims set forth against you. You are warned that if you fail
to do so the Court may proceed without you, and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Petition or for any other claim or relief
requested by the plaintiff. You may lose money or property or
other rights important to you.
Fees and Costs
If the case goes to hearing and the judge grants a Protection
Order, a surcharge of $25.00 will be assessed against you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR, 4TH FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
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.
KRISTY GREEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
for herself and on behalf
of her minor children:
SHAYNE CLARK
CHRISTOPHER CLARK
KAYLEE GREEN
NO. 95 - 33"3
CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
V.
PAUL GREEN,
Defendant
PETITION FOR PROTECTIVE ORDER
AND CUSTODY
COUNT I
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT. 23 Pa. C.S.A. Section 6101 et. sea.
A. ABUSE
1. The plaintiff is an adult individual whose permanent
address is 223 Plaza Drive, Boiling Springs, Cumberland County,
Pennsylvania, 17007. The plaintiff brings this action for herself
and on behalf of her minor children, Shayne Clark, Christopher
Clark, and Kaylee Green.
2. The defendant is an adult individual residing at
Cumberland County Prison, Carlisle, Pennsylvania, 17013.
3. The defendant is Paul Green, husband of the plaintiff and
father of one of the plaintiff's children, Kaylee Green.
4. Since November 3, 1994, the defendant has attempted to
cause and has intentionally, knowingly, or recklessly caused bodily
injury and spousal sexual assault to the plaintiff by placing the
1
plaintiff and her children in reasonable fear of imminent serious
bodily injury and knowingly engaged in a course of conduct or
repeatedly committed acts toward the plaintiff under circumstances
which placed the plaintiff in reasonable fear of bodily injury.
This has included the following specific instances of abuse:
a. On November 3, 1994 defendant broke into
plaintiff's home in Mt. Holly Springs, Cumberland County,
Pennsylvania, held her and her children hostage for 14
hours, during which time defendant threatened to kill the
plaintiff with a loaded shotgun. Plaintiff finally
persuaded defendant to seek psychiatric help at Carlisle
Hospital. As a result of this incident the following
criminal charges are pending: burglary, criminal
trespass, terroristic threats, recklessly endangering
another person, spousal sexual assault, aggravated
assault, false imprisonment and former convict not to
carry firearm.
b. On June 3, 1995 defendant threatened plaintiff
with a handgun coercing her to spend a night in a
Shippensburg, Cumberland County hotel and to engage in
sexual intercourse using threats and coercion. Criminal
charges, including rape, spousal sexual assault, sexual
assault, indecent assault, simple assault, and kidnapping
are pending.
c. Defendant, prior to his arrest for the June 3,
2
1995 incident, attempted to remove the plaintiff's
children from the day care facility which they attend.
5. The Plaintiff believes and therefore avers that she and
her children will be in immediate and present danger of abuse from
the defendant and that she and her children are in need of
protection from such abuse.
6. The plaintiff desires that the defendant be ordered to
refrain from having any contact with her including, but not limited
to, entering her residence or property thereof, her place of
employment or the children's day care center, stalking the
plaintiff, and harassing the plaintiff, her relatives or her minor
children.
B. TEMPORARY CUSTODY
7. The plaintiff seeks temporary custody of the following
child:
!W!.!l.
Present residence
A!m
Kaylee Green
223 Plaza Drive
BOiling Springs, PA 17007
2 years
The child was born out of wedlock.
The child is presently in the custody of plaintiff who resides
at 223 Plaza Drive, Boiling Springs, Pennsylvania 17007.
During the child I s lifetime the child has resided with the
following persons and at the following addresses:
3
liAIwl
Kristy Green
Paul Green
Shayne Clark
Christopher Clark
Kristy Green
Paul Green
Shayne Clark
Christopher Clark
Kristy Green
Paul Green
Shayne Clark
Christopher Clark
Kristy Green
Shayne Clark
Christopher Clark
Linda Bouder (only
Megan Bouder (only
Kristy Green
Shayne Clark
Christopher Clark
Addresses
Dates
273 BEast Pomfret Street
Carlisle, PA 17013
Birth to
4 or 5/93
519 Cherry Court
Carlisle, PA 17013
4 or 5/93 to
5/94
65 Marilyn Drive
Carlisle, PA 17013
5/94 to
10/94
36 Mill street, Lot 2
Mt. Holly Springs, PA 17065
10/94 to
2/95
2/95)
2/95)
223 Plaza Drive
Boiling Springs, PA 17007
3/1/95 to
Present
The plaintiff, mother of the child is currently residing at
223 Plaza Drive, Boiling Springs, Pennsylvania, 17007. The
plaintiff currently resides with the following persons:
!imlm
Kaylee Green
Shayne Clark
Christopher Clark
RelationshiD
Daughter
Son
Son
The plaintiff, mother is married.
The defendant, Paul Green, is the father of the child, the
defendant is currrently residing at Cumberland County Prison.
The defendant is married.
8. The plaintiff has not previously participated in any
4
litigation concerning custody of the above mentioned child in this
or any other Court.
9. The plaintiff has no knowledge of any custody proceedings
concerning this child pending before a court in this or any other
jurisdiction.
10. The plaintiff does not know of any person not a party to
this action who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
11. The best interests and permanent welfare of the child
will be met if custody is temporarily granted to the plaintiff
pending a hearing in this matter for reasons including the
following:
a. The plaintiff is a fit parent who can best take
care of her child.
b. The defendant has shown by his abuse and
terroristic threats of the plaintiff that he is not an
appropriate role model for the child.
c. The defendant has demonstrated behavior that has
adversely affected the children.
d. The defendant is presently incarcerated in
Cumberland County Prison and unable to care for the
child.
B, EXCLUSIVE POSSESSION
12. The home which the plaintiff is asking the Court to order
5
the defendant to stay away from is rented in the name of Kristy
Green and the defendant has never resided there.
13. The plaintiff desires possession of the apartment so as
to give the greatest degree of continuity to lives of the children.
WHEREFORE, pursuant to the provisions of the "Protection from
Abuse Act" of October 7, 1976, 23 Pa.C.S.A. Section 6101 et sea.,
as amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the "Protection from
Abuse Act":
1. Requiring the defendant to refrain from abusing
the plaintiff and her minor children or placing them in
fear of abuse.
2. Requiring the defendant to refrain from having
any contact with the plaintiff including, but not limited
to, entering the plaintiff's place of employment or the
children's day care center, stalking the plaintiff, and
harassing the plaintiff, her relatives or her minor
children.
3. Granting temporary custody of the minor child to
the plaintiff.
4. Granting possession of the apartment located at
223 Plaza Drive, Boiling Springs, Pennsylvania 17007 to
the plaintiff to the exclusion of the defendant pending
a final order in this matter.
6
5. Ordering the defendant to stay away from the
apartment located at 223 Plaza Drive, Boiling Springs,
Pennsylvania 17007, which the parties have never shared.
6. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself and her children.
7. Ordering the defendant to refrain from damaging
or destroying any property owned by the plaintiff or any
property owned jointly by the parties.
B. Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter an
order to be in effect for a period of one year:
1. Requiring the defendant to refrain from abusing
the plaintiff or her minor children or placing them in
fear of abuse.
2. Requiring the defendant to refrain from having
any contact with the plaintiff including, but not limited
to, entering the plaintiff's place of employment, the
children's day care center or babysitter's home, stalking
the plaintiff, and harassing the plaintiff, her relatives
or her minor children.
3. Granting possession of the apartment located at
223 Plaza Drive, Boiling Springs, Pennsylvania 17007 to
the plaintiff to the exclusion of the defendant.
4. Ordering the defendant to stay away from the
7
residence located at 223 Plaza Drive, Boiling Springs,
Pennsylvania 17007 which the parties have never shared.
5. Ordering the defendant to stay away from any
residence the plaintiff may in the future establish for
herself.
6. Ordering the defendant to refrain from damaging
or destroying any property owned by the plaintiff or any
property owned jointly by the parties.
7. Ordering the defendant to pay all costs of
filing and service of this lawsuit.
The plaintiff further asks that this Petition be filed and
served without payment of costs, pending a further order at the
hearing, and that a copy of this Petition and Order be delivered to
the Pennsylvania State Police, Carlisle, Carlisle Borough Police
Department and the Mechanicsburg Borough Police Department with
jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
14. The allegations of Count I above are incorporated herein
as if fully set forth.
15. The best interests and permanent welfare of the child
will be served by awarding custody to the plaintiff as set forth in
Paragraphs 7 through 11 of the Petition.
8
WHEREFORE, pursuant to 23 P.S. ~~ 5301-5366, and other
applicable rules and law, the plaintiff prays this Honorable Court
to award custody of the minor child to her.
The plaintiff prays for such other relief as may be just and
proper.
Respectfully Submitted,
SODUS AND VERNEY
By (L<. n_..jo....____ '/11 . ~-....y~<.V
JacH ele M. Verney, Esquire 0
I.D. 23167
7 Irvine Row
Carlisle, Pa. 17013
(717) 243-9190
Attorney for Plaintiff
9
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UNSWORN VERIFICATION
The above-named plaintiff, Kristy Green, verifies that the
statements made in the above Petition are true and correct. The
plaintiff understands that false statements herein are made subject
to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn
falsification to authorities.
Date j?.Ld.f'
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KRISTY GREEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
for herself and on
behalf of her minor
children I
SHAYNE CLARK
CHRISTOPHER CLARK
!(AYLEEN GREEN
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CIVIL ACTION - LAW
NO. 95-3363
AND NOW, this
ORDER OF COURT
,~ day of July, 1995,
a hearing is SCHEDULED
Jacqueline M. Verney, Esq.
7 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Paul Green, Pro Se
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Sheriff's Office - ('~N 7tJ/.,I.(,."';t
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PAUL GREEN
in the above matter regarding the temporary custody issue, for
Tuesday, July 25, 1995, at 8145 a.m., in Courtroom No.5,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
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Plaintiff
for herself and on
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children,
SHANE CLARK
CHRISTOPHER CLARK
KAYLEE GREEN
v.
PAUL GREEN,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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NO. 95-3363 CIVIL TERM
ORDER OF COURT
AND NOW, this li1L day of October, 1995, upon agreement of
counsel, the hearing previously scheduled in this matter for
October 13, 1995, is CONTINUED GENERALLY until either party
requests a hearing.
THE TEMPORARY ORDER entered in this matter shall remain in
full force and effect until further order of court.
Jacqueline M. Verney, Esq.
7 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
Samuel Milkes, Esq.
52 East High Street
Carlisle, PA 17013
Attorney for Defendant
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BY THE COURT,
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KRISTY GREEN, for herself
and on behalf of her minor
children: SHANE CLARK,
CHRISTOPHER CLARK, and
KAYLEE GREEN,
Plainti ffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3363 CIVIL TERM
v.
PAUL GREEN,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the
Motion to Modify Custody Order upon Paul Green, Defendant, by first
class U.S. mail on the 24th day of November, 1995 at the following
address:
Mr. Paul Green
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Respectfully submitted,
SODUS & VERNEY
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eline M. Verney, q.
No. 23167
7 Irvine Row
Carlisle, PA 17013
717/243-9190
Attorney for Plaintiff
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KRISTY M. GREEN/
plaintiff
for herself and on behalf of
her minor children:
Shane Clark,
Christopher Clark,
Kaylee Green
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
PAUL E. GREEN/
Defendant
: No. 95-3363 CIVIL TERM
QRDER OF COURT
AND NOW, this 5th day of September, 1997, the
parties, Kristy Green and Paul Green, now appearing in court
with their respective counsel, William C. Vohs, Esquire, and
Lindsay Dare Baird, Esquire, with respect to the parties' child,
Kaylee Green (date of birth, August 22, 1992), and pursuant to
an agreement reached among the parties and their counsel, it is
ORDERED and DIRECTED that the Order of Court dated December 15,
1995/ be vacated.
By the Court,
WILLIAM C. VOHS, ESQUIRE
For the Plaintiff
LINDSAY DARE BAIRD, ESQUIRE
For the Defendant
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