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HomeMy WebLinkAbout97-00302 " ~ ';! Il3- ~ ~ '?' .. ~ - c:l 3 t \.. b VI .,. /' / / - . - ~ .. . <J rl .0 c<) . t- o- C) ~ KRISTINA ANN WAGNER, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY,I'ENNSYLVANIA DANIEL ALLEN WAGNER, Defendant NO. 97.302 CIVIL TERM PROTECTION FROM ABUSE ORDER /lOR CONTINUANCE AND NOW, this n of January, 1997, upon consideration of the attaehed Motion for Continuance, the matter scheduled for hearing on January 22, 1997, at 2:30 p,m" by this Court's Order of January 17, 1997, is hereby rescheduled for hearing on Tuesday, February 25,1997, at 2:30 p.m, in Courtroom No.2. The Temporary Protection Order shall remain in effect for a period of one year or until further Order of Court. Certified copies of this Order for Continuance will be provided to the Lower Allen and EastPennsboro Townships Police Departments by the plaintifl's attorney, .1 By the Court, /, ;,' ; j1:J Edgar B, Bayley. Judge Joan Carey LEGAL SERVICES, INC. Attorney tor Plaintiff _ "'~...., r<"-<'-J.ull/t:l?J 17'1, ~-~- ~,~, Daniel Allen Wagner, Defendant 2412 New York Avenue Camp Hill, PA 17011 KRISTINA ANN WAGNER, Plaintifl' IN TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 97-302 CIVIL TERM DANIEL ALLEN WAGNER. Defendant PROTECTION FROM ABUSE MOTION FOR CONTINlJANCE The plaintitf. by and through her attorney, Joan Carey of LEGAL SERVICES, INC., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds lhal: I. A Temporary Proteetion Order was issued by this Court on January 17, 1997, scheduling a hearing for January 22, 1997, at 2:30 p.m. 2, The Cumberland County Sheriffs Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order on January 21, 1997, at his place of employment, Wells Printing Company. 3. The defendant indicated to Legal Services, Inc. stair on January 21, 1997, that he desired that the hearing be rescheduled to allord him time to obtain rcpresentation in this case and/or review a settlement proposal in the matter. 4, The plaintiff agreed that the hearing be rescheduled in this matter. 5, The plainlitr requests that the Tcmporary Protection Order remain in ellect for a period of one year or until further Order of Court. 6. Certitied copies of the Order lor Continuance will be delivered to the Lower Allen and East Pennsboro Townships Police Departments by the attorney for the plaintiff WHEREFORE, the plaintitl'requests that the Court grant this Motion and reschedule this mailer for hearing, and that lhe Temporary Protection Order remain in ellect for a period of one Respeetfully submitted, LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 :> ~[J ! 'oJ r) ~, . ., = " ., 'r:: c.' ';-'j , ,:1 ., :>J " ., ) , :.)111 ','1 :...1 ',1 :'" .~, KRISTINA ANN WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97. ~L1.2... CIVIL TERM DANIEL ALLEN WAGNER, Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW, this --.t!.-of January, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintilf, Kristina Ann Wagner, now residing at 1524 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Daniel Allen Wagner, the lolIowing Temporary Order is entered. The defendant, Daniel Allen Wagner, (SSN: Unknown)(DOB: 10/04/73), is an adult individual residing at 2412 New York Avenue, Camp Hill, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintilf, Kristina Ann Wagner, or from placing her in fear of abuse, The defendant is ordered to stay away from the plaintiffs residence located at 1524 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is owned by the plaintilT's father and step-mother and grandmother, to which the plaintiff and the minor child moved to avoid abuse, and is ordered to stay away from any residence the plaintiff may in the future establish for hersel[ The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wriuen communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing her relatives, and the parties' minor child, The defendanl is enjoined from entering the plainlil1's places of employment and the day eare facility of the parties' minor child. The defendant is enjoined trom removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintill'. A violation of this Order may subject the defendant to: i) arrest under 23 Pa,C.S, ~6113; ii) a private criminal complaint under 23 Pa.C.S, ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C,S, ~6114, punishable by imprisonment up to six months and a fine ofSIOO,OO-$I,OOO,OO; and iv) civil contempt under 23 Pa.C.S, ~6114,1. This Order shall remain in el1ect until modified or terminated by lhe Court and can be extended beyond its original expiration date if the Court finds that the defendanl has commilled an act of abuse or has engaged in a pallern or practice that indicates risk of harm to the plaintill: Temporary eustody of Lydia Noel Wagner, is hereby awarded to the plaintilf, Kristina Ann Wagner. A HEARING SHALL BE HELD ON THIS MAlTER JANUARY J~ 1997, AT .'), k> jJ ,M"IN COURTROOM NO, ,.J., OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sherifl's Department shall allempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of Civil Procedure This Order 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 to the defendant by mail, The Lower Allen and East Pennsboro Township Police Departments shall be provided with certified copies of this Order by the plaintifl's allorney. This Order shall be enforced by any KRISTINA ANN WAGNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 97- io:J. CIVIL TERM DANIEL ALLEN WAGNER, Defendant PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 Pa,C.S. ~6101 et seq. A. ABUSE I. The plaintiff. Kristina Ann Wagner, is an adult individual residing at 1524 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2, The defendant, Daniel Allen Wagner, (SSN: Unknown)(DOB: 10/04/73), is an adult individual residing at 2412 New York Avenue, Camp Hill, Cumberland County, Pennsylvania 170 II. 3, The defendant is the husband of the plaintill' and the father of the parties' 2-year old daughter, Lydia Noel Wagner. 4, Since approximately October, 1994, the defendant has auempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintilf, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly commiued acts toward the plaintiff including following the plaintiff without proper authorization, under circumstances which have placed the plaintiff in reasonable fear of bodily injury, This has included, but is not limited to, the following specific instances of abuse: a) On or about January 4, 1997, the defendant became angry and threw household objeets about, swung a broom handle over the plaintitT's head causing her to fear he was going to strike her with it, and struck household items with the broom handle with such force that the handle broke causing the plaintiff to fear for her safety. The defendant then looped a belt around his neck and threatened to kill himself When the defendant went down inlo the basement, the plaintiff ran from the house to her car, and lhe defendant beat her to the car, and refused to let her leave, The plaintiff ran back into the house and locked the door, but the defendanl kicked the door down and ran after her when she ran from the house and back to her car, As the plaintiff tried again to leave in her car, the defendant jumped onto the hood of the car, and when she stopped the car, the defendant got off of the hood, and tried to open the driver's side door, but the plaintiff drove away. The plaintilf, fearing for her safety, left the home for her protection and to avoid further abuse, b) On or aboul January 2, 1997, the defendant argued with the plaintiff because he did not want her to go to her job, grabbed her by the face, and squeezed her temples. The plaintiff sustained headaches as a result of this incident. c) In or about November, 1996, the defendant became angry at the plaintiff, and stuck his foot out as she passed him causing her to stumble. d) In or about October, 1996, the defendant became angry and threatened to slap the plaintiff e) On or about October, 1994, the defendant pushed the plaintiff, who was approximately 7 months pregnant, down several steps. l) Since approximately October, 1994, the defendant has abused the plaintiff several times a month in ways including, but not limited to, pushing, shoving, kicking, grabbing her by her arms and by her hair, and has intimidated her by breaking household items, lhrowing objeets at her, punching walls, and threatening her with bodily harm (e.g, to kick her ass, slap her, etc,), 5, On or about January 4, 1997, the plaintitl' and the parties' minor child lelltheir residence at 2412 Ncw York Avenue, Camp Hill, Cumberland County, Pennsylvania. in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant and that she is in need of protection from such abuse. 7. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and writlen communications, except for the limited purpose of facilitating custody arrangements. 8, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintilf, and from harassing her relatives and the minor child, 9, The plaintill'desires that the defendant be restrained from entering her places of employment and the day care titcility of the minor child. 10, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. 8, EXCLUSIVE POSSESSION II, The home from which the plaintiff is asking the Court to order the defendant to stay away from is owned in the names of her parents, Kimberly and Kenneth Hartmoyer, and her grandmother, Ruby Hartmoyer, and the defendant has never resided there, The plaintiff does not seek to evict the defendant from the marital residence at 2412 New York Avenue, Camp Hill, where he continues to reside. C. SUPPORT 12, The defendant has a duty to support the plaintiff and the parties' minor child, 13. The plaintiff is in need of financial support from the defendant including, but not limited to: health insurance coverage for herself and the parties' minor child, and payment of unreimbursed medical expenses for the plainliffand the parties' minor child, 14, The defendant is employed at Well's Printing in New Cumberland, and earns approximately $200,00 weekly, and has part-time employment at Pizza Hut. The amount of the defendant's earnings al Pizza Hut is unknown to the plaintiff 15, The plaintifl's income is insufficient to provide lor her minimal needs and those of the minor child until such time as a support order can be obtained by tiling at the Domestic Relations Office. 16, The plaintiff intends to petition for support within two weeks of the issuance of a protection order, D, LOSSES AND REIMBURSEMENT FOR COST OF CASE 17, The plaintiff has suffered losses as a result of the abuse by the defendant. The losses are listed on Exhibit A allached, 18, The plaintiff asks that the defendant be ordered to pay $250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources as reimbursement for the cost of litigating this case, and that the defendant be assessed the $25.00 surcharge and any court costs if the case goes to hearing, E, TEMPORARY CUSTODY 19, The plaintiff seeks temporary custody of the following child: Name Lydia Noel Wagner Address 1524 Sheepford Road Mechanicsburg, PA The child was nol born out of wedlock. Al!e 2 years old DOB: 12125/94 The child is presently in the custody of the plaintiff, who resides at 1524 Sheepsford Road, Mechanicsburg, Cumberland County, Pennsylvania. Since her birth the child has resided with the following persons and at the following addresses: Name Addren !Wn Plaintiff, her father and step- 1524 Sheepford Road January 4, 1997 mother, Kenneth and Kimberly Mcchanicsburg, PA to the present Hartmoyer, her sister, Kourtney Hartmoyer, and her grandmother, Ruby Hartmoyer Plaintiff and defendant 2412 New York A venue December, 1996 Camp Hill, PA to January 4, 1997 Plaintiff and defendant 2412 New York Avenue November, 1996 Camp Hill, PA to December, 1996 Plaintiff and defendant 3 I 0 Hummel Avenue July, 1995 Lemoyne, P A to November, 1996 Plaintiff, defendant, and 20 Boeing Road December 25, 1994 her grandmother, Ruby Hartmoyer New Cumberland, PA to July, 1995 The plaintiff, the mother of the child is Kristina Ann Wagner, currently residing at 1524 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania. She is married, The plaintiff currently resides with the following persons: Name Lydia Noel Wagner Kenneth and Kimberly Hartmoyer Kourtney Hartmoyer Ruby Hartmoyer RelationshiD her daughter her father and step,mother her sister her grandmother The defendant, the father of the child is Daniel Allen Wagner, currently residing at 2412 New York Avenue, Camp Hill, Cumberland County, Pennsylvania. He is married. The defendant currently resides alone to the best of the plaintifrs knowledge, 20. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court, 21. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 22, 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. 23. The best interests and permanent welfare of the minor ehild will be met if custody is temporarily granted to the plaintiff pending a hearing in this mailer for reasons including: a, The plaintiff is a responsible parent who can best take care of the minor child and has provided for the emotional and physical needs of the child since her birth, b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P,S, ~6101 !tl ~" 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:" I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse; 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wriuen communications, except for the limited purpose of facilitating custody arrangements; 3, Ordering the defendant to retrain Irom harassing and stalking the plaintiff and from harassing her relatives and the parties' minor child; 4. Prohibiting the defendant from entering the plaintiffs places of employment or the day care facility of the minor child; 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plainliff; 6, Ordering the defendant to stay away from the plaintiffs current residence located at 1524 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared, and ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. and 7, Granting temporary custody of the minor child, Lydia Noel Wagner, to the plaintiff. B, Schedule a hearing in accordance with the provisions of the "Proteclion from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: I. Ordering the defendant to refrain from abusing the plaintiff or from placing her in fear of abuse, 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and wriuen communications, except for the limited purpose of facilitating custody arrangements, 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing her relatives and the parties' minor child, 4, Prohibiting the defendant from entering the plaintifl's places of employment or the day care facility of the minor child, 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Ordering the defendant 10 stay away from the plaintiffs current residence located at 1524 Sheeplord Road, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared, and ordering the defendant to stay away from any residenee the plaintiff may in the future establish for herself 7, Granting support to the plaintiff and the parties' minor child in the amount of $75,00 per week payable to the plaintitr in the form of a check or money order mailed to her residence; ordering the defendant to provide health coverage to the plaintiff and the parties' minor child, and ordering the defendant to pay all of the unreimbursed medical expenses of the plaintiff and the parties' minor child to the provider or to the plaintiff when she has paid for the medical treatment. 8, Granling temporary custody of the parties's minor child to the plaintiff 9, Ordering the defendant to reimburse the plaintifl's out-of-pocket losses suffered as a result of the abuse in luding but not limited to the losses listed on the allached sheet marked Exhibit A. 10. Ordering the defendant to pay $250.00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of allorneys' fees, as reimbursement for the cost of litigating this case and assessing the $25,00 surcharge and court costs to lhe defendant if the case goes to hearing, The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintilf, pending a further order at the hearing, and thai certified copies of this Petition and Order be delivered to the Lower Allen and East Pennsboro Townships Police KRISTINA ANN WAGNER, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 97-302 CIVIL TERM DANIEL ALLEN WAGNER, Defendant PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this Lt day of February, 1997, upon consideration of the Conscnt Agreement of the parties, the following Order is entered: I. The defendant, Daniel Allen Wagner, is enjoined Irom physically abusing the plaintiff, Kristina Ann Wagner, or from placing her in fear of abuse, 2. The defendant is enjoined Irom having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements, 3, The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives and the minor child, 4, The defendant is prohibited trom entering the plaintiff's place of employment .or the day care facility of the minor child, 5, The defendant is prohibited Irom removing, damaging, destroying or selling any property owned by the plaintil1. or jointly owned by the parties, 6. The defendant is ordered to stay away from the plaintifl's current residence located at 1524 Sheeptord Road, Mechanicsburg, Cumberlanf '&luntr' Pennsylvania, except for the limited purpose of transferring custody at which times the defendant shall remain in his vehicle, and is ordered to stay away from any residence the plaintiff may in the future establish for herself, except lor the limited purpose of transferring custody at which times the defendant shall remain in his vehicle, 7, Court costs and tees are waived, 8. This Order shall remain in etrect fiJr a period of one (I) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pallern or practice that indicates risk of harm to thc plainlill". This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 9, This Order may subject the defendant to: i) arrest under 23 Pa.C.S, ~6113; ii) a private criminal complaint under 23 Pa,C.S, ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S, ~6114, punishable by imprisonment up to six months and a fine of $100,00- $1,000,00; and iv) civil contempt under 23 Pa.C,S, ~6114,1. 10. The Lower Allen and East Pennsboro Townships Police Departments and any other appropriate policc departments shall be provided with certified copies of this Order by the plaintiffs attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police oflicer, 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 taken before the appropriate district justice. (23 Pa,C,S, ~6113). .// /.' BytheCourt"h~ ' , , , Joan Carey LEGAL SERVICES, INC, Allorney for Plaintiff / Michael Levinson FAMILY LAW CLINIC Certified Legal Intern Gail Shearer Attorney at Law r," . ''-'j ~":~,-: ~ 7.f':" '. , ,-, "\1 , ,1j ('" . .. : '4 ;'i':I.."., , .j.... "'1 \'\-\(l&l d l\!ut.t.'u 3.3. '(1 L.S. ,1,'",- YI\~ r'\m~\!,\ I.. Cl u.. L \~t-\: ( fl{'<h"...{,llQ~','"~""')) C\rt., "~,,<, "" " KRISTINA ANN WAGNER, Plaintifr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I. I . I v, NO, 97-302 CIVIL TERM DANIEL ALLEN WAGNER, Defendant PROTECTION FROM ABUSE ClJSTO/)Y ORDER AND NOW, this U day of February, 1997, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Lydia Noel Wagner. I, The plaintiff. hereinafter referred to as the mother, and the defendant, hereinafter referred to as the father, shall share legal custody of the child, 2, The mother shall have primary physical custody of the child. 3, The father shall have partial custody of the child on the first and third weekends of each month from Saturday at II :00 a..m. until Sunday at 5:00 p.m., and on dates and at times mutually agreed upon by the parties. All overnight visits lor the father shall take place at his mother's home unless otherwise mutually agreed by the parties, 4. The mother and father shall alternate custody on Christmas Day with the fat. having the child on Christmas Day from 9:00 a,m, until 5:00 p,m in odd numbered years. The mother shall have tne child on other holidays. including Christmas Eve until Christmas morning, 5, Each party shall have one week of vacation including two weekends with the child each summer. Each party shall notify the other 30 days in advance of his or her intent to exercise the vacation time and shall provide the names, addresses, and telephone numbers of the persons/places that parent intends to visit. KRISTINA ANN WAGNER, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-302 CIVIL TERM DANIEL ALLEN WAGNER, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT ...... This Agreement is entered on this ,)7 day of February, 1997, by the plaintiff, Kristina Ann Wagner, and the defendant, Daniel Allen Wagner. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is represented by Michael Levinson, Certitied Legal Intern, and Gail Shearer, Allorney at Law, of the FAMILY LAW CLINIC. The parties agree that the following may be entered as an Order of Court. 1, The defendant, Daniel Allen Wagner, agrees to reti'ain from abusing the plaintiff, Kristina Ann Wagner, or from placing her in fear of abuse, 2, The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and wrillen communications, except for the limited purpose of facilitating custody arrangements. 3, The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintifl's relatives and the parties minor children, 4, The defendant agrees not to enter the plaintifl's place of employment or day care facility of the parties' minor child, 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintilr or jointly owned by the parties. 6. The defendant agrees to stay away from the plaintifl's residence located at 1524 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania, except for the limited purpose of transferring custody at whieh times the defendant agrees to remain in his vehicle, and the detendant agrees to stay away from any residence the plaintil1. may in the future establish for herself, except for the limited purpose of transferring eustody at whieh times the defendant agrees to remain in his vehicle, 7, The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. g, The defendant understands that the Protection Order cntered in this mailer will be in effect for a period of one (I) year and can be extended beyond that time if the Court finds that the defendant has commilled an act of abuse or has cngaged in a pallern or practice that indicates risk of harm to the plaintitf The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case, 9, Violation of the Protection Order may subjeet the defendant to: i) arrest under 23 Pa.C,S. ~6113; ii) a private criminal complaint under 23 Pa.C,S. ~61I3,I; iji) a charge of indirect criminal contempt under 23 Pa.C,S. ~6114, punishable by imprisonment up to six months and a tine 01'$100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114,1. 10, The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, Lydia Noel Wagner, to commence March I, 1997, a. The parties will share legal custody of the child, b. The mother will have primary physical custody of the child. c, The father will have partial custody of the child on the first and third weekends of each month from Saturday at 11 :00 a..m, until Sunday at 5:00 p,m" and on dates and at times mutually agreed upon by the parties, All overnight visits tor the father will take place at his mother's home unless otherwise mutually agreed by the parties, d, The mother and father will alternate custody on Christmas Day with the lather having the child on Christmas Day Irom 9:00 a,m, until 5:00 p.m in odd r: :~ ,.., <, , '"" I T. .-, ~ r,"j ) , .. , ' " , '. .., ~ : ~: ,"J I' .', . :fJ . . :1 :;'1 '-' - , I" ",