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Home My WebLink About95-00560 " , ....' . -.. PETITION 1'0 AMEND PEnnON FOR PROTECTIVE ORDER 1, Traci L. Boucher, the plaintiff, filed a petition for a protective order in the above-captioned case on February 2, 1995, and the court entered a Temporary Protective Order against the defendant, Dennis G. Denninger, The allegations of the petition are incorporated herein by reference, 2. A hearing on the matter is scheduled for the 10th day of February, 1995 at 10:00 a.m, 3, The plaint! 1'1' asks the court to direct the defendant to pay the plaintiff's medical expenses not covered by her medical insurance which she incurred at Holy Spirit Hospital as a result of the incident on or about January 24, 1995. WHEREFORE I the plainti I'r requests that the court grant the additional relief requested purBuant to 23 Pa. C,S,A. ~6108(a)(8): a. Ordering the defendant to pay the plaintil'l"B medical expenses as described above. b, Any other relief that is Just and proper, Respectfully submitted, "-<1/) ~ (', /'l-':. (, /" J an Carey A ~ LLorney for Plaintiff I,EGAI, SERVICES, INC. R I rv I no Row G/lrllslc, PA 17013 (717) 243-9400 The above-named plaintiff, Traci L. Boucher, hereby 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. g 4904 relating to unsworn falsification to authorities. d/9/95 Datel -i1!zCJ8?lfh Traci L. Boucher, Plaintiff , , , ' -,-.,( , I < l:~.:) c' ., ~~-~ ,-" ,",C'-=-.,,- ... .....,..._"'.~-.. ---,:--.. " Traci L. Boucher, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-.559 CIVIL TERM v. Dennis G. Denninger, Defendant PROTECTION FROM ABUSE I~~f'Q~ARLE'JiQL~Jjr~/_j!RQ.1ill AND NOW, this ~_ day of ~, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Traci L. Boucher, now residing at 6005 Eberly Drive, Mechanicsburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Dennis G. Denninger, the following Temporary Order is entered. The defendant, Dennis G. Denninger, (Date of Birth: September 25, 1965) whose present residence is unknown to the plaintiff and who has not stayed in the residence since approximately January 26, 1995, coming only to the residence for brief periods of time, is hereby enjoined from physically abusing the plaintiff, Traci L. Boucher, or placing her in fear of abuse. The defendant is excluded from the plaintiff's residence located at 6005 Eberly Drive, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is jointly rented by the parties and from which the defendant voluntarily left not staying over night there since approximately January 26, 1995. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, or her minor child. The defendant is enjoined from entering the plaintiff's place of employment. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint under 23 Pa. C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa. C,S. 66114, 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. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and, can be extended beyond that time, if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. This Order shall remain in effect until modified or terminated by the Court after notic~ or hearing and, can be extended beyond that time, if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. This Order shall remain in effect until modified or terminated by the court after notice or hearing. A hearing shall be held ~n this matter on the _ Ie) ,'I... day of -ie~J0.!::r-' 1995, at /0, {,U 4;m., in Courtroom No;-3 , Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed without pre-payment of fees pending a further order after the hearing. The Cumberland County Sheriff's Department shall attempt 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 ma i I . The Mechanicsburg police Department will be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs 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 officer. In the event that an arrest is made, under this section, the defendant shall be taken without unnecessary delay before the court that lssued the order. When that court is unavailable, the defendant shall be takon before the appropriate district justice. (23 P.S. 6 6113). By the Court, SG. ? :', " I' 1 ~' '.\ @ 1. . ... ,- ..-...... ....- - ~ ~ .-:",~ .. ): , ',i NOTICE 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. [E.fJLA!tlLc9J!J's If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc, for tbeir representation of the plaintiff. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or tolephone the office set forth below to find out where you can get logal holp. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUrny COURTHOUSE CARLISLE, PENNSYLVANIA 11013 TELEPHONE NUMBER: (111) 240-6200 i i Ii I Traci L. Boucher, IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM Dennis G. Denninger, Defendant PROTECTION FROM ABUSE p.ilJ.ngf'! FOR P8.9.IEGTION ORDEr! RELIEF UNDER THE PROTECTION FROM ABUSE ACT, 23 P.S. 6 6101 et seQ. A. ABUSE 1. The plaintiff, Traci L. Boucher, is an adult individual residing at 6005 Eberly Drive, Mechanicsburg, Cumberland county, Pennsylvania 17055. 2. The defendant, Dennis G. Denninger, (Date of Birth: September 25, 1965), is an adult individual and had been residing at 6005 Eberly Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, until approximatelY January 26, 1995. Since that time, the defendant has only returned to the residence for brief periods of time and has not stayed over night. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately February 1994, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, and has placed the plaintiff in reasonable fear of imminent serious bodily injury and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under .,y. ,~ circumstances which 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 24, 1995, the defendant placed himself inches from the plaintiff's face and shouted obscenities at her causing her to fear for her safety. When the plaintiff tried to get away from the defendant, he grabbed the front of her shirt with both his hands, and forcefully threw her to the ground causing her to have bruising on her buttocks and to experience pain and soreness about her body. Because of the pain, the plaintiff was not able to get up from the ground until her mother, who witnessed the incident, intervened and assisted her. b. On or about December 28, 1994, the defendant forcefully pushed the plaintiff's chest with both hands causing her to fall backwards onto the floor. c. On or about July 1994, the defendant grabbed and pushed the plaintiff causing her to fear for her safety and run to a neighbor's house to call the defendant's his mother for help. The defendant's mother spoke with him in an attempt to stop further violence, but the defendant went into the bedroom, grabbed the plaintiff, pushed her down onto the bed, jumped on top of her straddling her body, and shouted at her. When the 2 defendant's mother again intervened, the defendant got off of the plaintiff and left with his mother. d. Since approximately February 1994, the defendant has on several different occasions, grabbed the plaintiff by her arms, punched her on the back of her head, and repeatedly placed her in fear of reasonable bodily injury by blocking her with his body, placing his face close to hers and shouting at her. On one occasions, in the presence of her nine-year-old daughter, the defendant pulled the plaintiff out of her car, took her keys, and got into another car preventing her from leaving. While the plaintiff was trying to get her keys out of the defendant's hand, he put the car in reverse and dragged the plaintiff down a driveway causing her to have cuts on her legs and arm. 5. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant should she return to the home without the defendant's exclusion and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendRnt be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 7. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the 3 .,;;; .-'-,' ....'"' ~--._];~ ""-';:t~<:~)t.. '~:_';..~,::>\~~ "}~~ , ;7~:n - _ .'~ _.io( -'~';;'~ " .. "y .,:~ ::~ ""1i' ""t :~m~ '?,i "}# . .-/,-V?~- plaintiff's relatives, or her minor child. 8. The plaintiff desires that the defendant be restrained from entering her place of employment. 9, The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the plaintiff. B. EXGLUSI\'.!;,-E9J?E.I;SSI..Q!'! 10. The home from which the plaintiff is asking the Court to exclude the defendant is rented in the names of the plaintiff and the defendant, but the defendant voluntarily left the residence on or about January 26, 1995, has only returned for brief periods of time not staying overnight. 11. The plaintiff currently has no permanent place to stay with her daughter except the marital home, and the defendant has his parents and his sister in the area with whom he may stay. 12. The plaintiff desires possession of the home 50 as to give the greatest degree of continuity to the life of the her child and to allow her to continue her education at her schools and to continue her school and social activities. The plaintiff also needs to have possession of the residence becauso the defendant has taken both vehicles and she has no transportation in order to get her nine-year-old daughter back and forth to schoo 1 . P..... ..I\UQRNELf!:f;() 13. The plaintiff asks that the defendant be ordered to pay 4 reasonable attorney fees to Legal Services, Inc. WHEREFORE., pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. 6 6101 9,1'. s~q., 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. Ordering the defendant to refrain from abusing the plaintiff or 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 written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and her minor child. 4. Prohibiting the defendant from entering the plaintiff's place of employment, 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6. Granting possession of the home located at 5 6005 Eberly Drive, Mechanicsburg, Cumberland county, Pennsylvania, to the plaintiff to the exclusion of the defendant pending a final order in this matter. 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 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. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and her minor child. 4. Prohibiting the defendant from entering the plaintiff's place of employment. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned solely by the plaintiff. 6 6. Granting possession of the home located at 6005 Eberly Drive, Mechanicsburg, Cumberland County, Pennsylvania, to the plaintiff to the exclusion of the defendant. 7. Qrdering the defendant to stay away from any residence the plaintiff may in the future establish for herself. a. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff. pending a further order at the hearing, and that a certified copy of this Petition and Order be delivered to the Mechanicsburg Police Department who has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, ~~~/ ~~ey, Attorn~~Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 7 The above-named plaintiff, Traci L. Boucher, 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. 6 4904 relating to unsworn falsification to authorities. Date:~~~-5C ~/jtlc>3c;~~k Tr~Y~L. Boucher, Plalntiff ~ h ~ ~, ~~ W ~ , , \,/1 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- 559 CIVIL TERM PROTECTION FROM ABUSE Traci L. Boucher, Plaintiff Dennis G. Denninger, Defendant PROTECTION ORDER AND NOW,' thi s Io-Ih'day of February, 1995, upon consideration of the Consent Agreement of the parties, the following order is entered: 1. The defendant, Dennis G. Denninger, is enjoined from physicallY abUsing the plaintiff, Traci L., Boucher, or from placing her in fear of abuse. 2. The defendant is enjoined' from having any direct or indirect contact with the plaintiff. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and her minor child. 4. The defendant is prohibited from entering the plaintiff's place of employment. 5. The defendant and plaintiff are prohibited from removing, damaging. destroying or selling any property owned by the either party or jointlY owned by the parties. 6. The defendant is excluded from the plaintiff's residence located at 6005 Eberly Drive, cumberland County, pennsylvania. The plaintiff will cooperate with the defendant in having his name removed from the lease at the above-mentioned residence but the defendant understands that the final decision rests with the landlord. 7. The defendant is ordered to stay away from any residence the plaintiff may in the future establish for herself. B. The defendant and his mother will return to the plaintiff's residence with a constable to retrieve the agreed upon property after the parties have reached a settlement regarding financial and personal property or by February 24, 1995, whichever comes sooner. 9. The defendant will pay any medical expenses not covered by the plaintiff's medical insurance which she incurred at Holy Spirit Hospital as a result of the incident on or about January 24, 1995. The defendant will pay the said msdical expenses within 30 days after he receives the bills. 10. The court costs and fees are waived. 11. This order shall remain in effect until modified or terminated by the Court after notice or hearing and may be extended beyond that time if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 12. This Order may subject the defendant to: i) arrest under 23 Pa. C.S. 66113: ii) a private criminal complaint under 23 Pa. C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 66114, 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. 66114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 13. The Hampden Township Police Department shall be provided with a certified copy of this Order by the plaintiff's 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 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 taken before the appropriate district justice. (23 P.S. g 6113). , JUdge ,: " , i I: ~\ I I I , i I ! r7 'I,. -vi i, _,_ , ~ This Agreement is CONSENT AGREEMENT . / I-Iv entered on this il) day , of February, 1995, by the plaintiff, Traci L. Boucher, and the defendant, Dennis G. Denninger. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is represented by Patrick Quinn and Linda Fisher of the Family Law Clinic. The parties agree that the following may be entered as an Order of Court. 1. The defendant, Dennis G, Denninger, agrees to refrain from abusing the plaintiff, Traci L. Boucher, or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff. 3. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's relatives and her minor child. 4. The defendant agrees not to enter the plaintiff's place of employment. 5. The defendant and the plaintiff agree not to remove, damage, destroy, or sell any property owned by the either party or jointly owned by the parties. . . _. . ~~__-:-_ ;o..~",,;,..y- \ . { j ""'_#~';' ~ "', ~ ". " ' \ I '.' . ",,' - " ' . ,~ . 6. The defendant agrees to stay away from the plaintiff's residence located at 6005 EberlY Drive, Mechanicsburg, Cumberland County, Pennsylvania. The plaintiff agrees to cooperate with the defendant in having his name removed from the lease at the above- mentioned residence, but the defendant understands that the final decision rests with the landlord. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. B. The defendant and his mother will to return to the plaintiff's residence with a constable to retrieve the agreed upon property after the parties have reached a settlement regarding financial and personal property or by February 24, 1995, whichever comes sooner. 9. The defendant agrees to pay any medical expenses not covered by the plaintiff's medical insurance which she incurred at Holy Spirit Hospital as a result of the incident on or about January 24, 1995. The defendant will pay the said medical expenses within 30 days after he receives the bills. 10. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 11. The defendant understands that the Protection Order entered in this matter shall be in effect for a period of one year or may be extended beyond that time if the court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 12. The defendant understands that this Order ehall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms. \ . .~ ' .,~(tlU ~' clUJ ill Traci L. Boucher, Plaintiff ~ C!1u:,~ / ~oan'carey 1! Attorney for plafntiff \. Den s G. 0 ninger, Defen ant .1 ,/7 q,c.k:' ~~II^ Y\ patri Q!rQyJ."n Stude~torney for Defendant LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 L l-~\,t;tL,(.", E /:;; ~<.;.tU!..,.., Supervising Attorney FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 (717) 243-3696 '. I I' I' I' ! " t f>' ~ 2- ~ r. , . ,.. -" ~' " i . 'cD L.I' , i. . 0_ <: . \'1 U \' :l I 0 ! .., if- i \II i J,. ) P' , 0 , i '0 ]; ! - :Ii -L r {.. " t ff' - ' , .1- '5 H' ~ f ~ . ...---...---". SHERIFF'S RE'1tIRN cc::I'fo1aIlWEALnJ OF PENNSYLVANIA: CaJNTY OF ClMBERLllND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 95-559 Civil Term Temporary Protection Order Protection From Abuse Notice and Petition for Protection Order Traci L. Boucher vs Dennis G. Denninger Michael Barrick , SKaoxlltXXOOX Deputy Sheriff of CUmberland county, Pennsylvania, Who being duly sworn according to law, says, that he served the within Temporary Protection Order Protection From Abuse Notic and Petition for Protection Order Upon Dennis G. Denninger , The defendant at 11: 28 o'clock A .M. EST / K~ on the 02 February , 19JJL. at day of 6005 Eberly Drive, Mechanicsburg ,Cunberland county, pennsylvania, by handing to Dennis G. Denninger a true and attested copy of the Temporary Protection Order Protection Fro~ Abuse Notice and Petition for Protection Order his attention to the contents thereof and and at the same time directing the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.16 24'.16, So answers: ./ ;? a // ~'- ~~'7.1..::..",,:..;'...c.1,,--,,:--d R. Thomas Kline, Sheriff "'4~~\7 Deputy Sheriff Sworn and subscribE>cl to before me this /3 ~ day or-.:J~7 19 'i) A.D. O~I'- 0, 7Mc..~, It lL"1' II tfrothonotary 1 . \. . . .1. . ..' ......" \ ~ J II.. " . I ,I ~ _1"0"'" . -- ~'''-~'','~ ,_...".,.. "',~." (',~'T' ., l~......"... '_.11' ., . . . " -...'-" '~...,., ,,'"'. '. .~. ..- ,- " ,. "'" ~ l. ! .,,~ ,'/1> ~~~~,'" , >.V:;;~.;:t.~ ......;.:.:.;.:..:'.--'... ~~ -. "--',- '"j' .;-"'~ , II ":"" ~~:. . , '>-'.. '- 'r.;, ,Q) "- .;.;..... 'c :v ;jz' ,u ...~ :c' ,'~, "': [, \ . '.n :> ! " FRANKLIN L. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-560 v. CUSTODY/VISITATION ANITA D. HOCKENBERRY, Defendant TEMPORARY CUSTODY ORDER AND NOW, this ORDERED that: , 1995, it is day of 1. Franklin O'Donnell ("Father") and Anita Hockenberry ("Mother") shall have shared legal custody of their four children: Holly Dawn O'Donnell, Melinda Kaye o'Donnell, Jamie Lee O'Donnell and Christopher Franklin O'Donnell. Primary physical custody of Holly Dawn O'Donnell shall be with Father. primary physical custody of Melinda Kaye O'Donnell, Jamie Lee O'Donnell and Christopher Franklin O'Donnell shall be with Mother. 2. Temporary Custody of all four (4) children will be provided to Mother and Father an alternating weekends. The time shall be from 5:30 p.m. Friday to 5:30 p.m. Sunday. Father shall provide all necessary transportation on Fridays, to wit: either delivering Holly to Mother's residence or picking up Melinda, Jamie and Christopher at Mother's residence. Mother shall provide all necessary transportation on Sundays, to wit: either delivering Holly back to Father's residence, or picking up Melinda, Jamie and Christopher at Father's residence. 3. Temporary custody of Melinda, Jamie and Christopher will be provided to Father for three (3) weeks during the children's summer vacation. Such vacation will be considered as beginning on the first day all children have completed the school year. Father's temporary custody shall extend no later than ten (10) days prior to the first scheduled school day of any child. 4. Temporary custody of Holly will be provided to Mother for one (1) week during Holly's summer vacation. 5. In order to facilitate the temporary custody set forth in paragraphs 3 and 4 above, Mother will provide notice to Father on or before March 15, of the date(s), consisting of one (1) full week, of Mother's summer vacation. Mother will be provided temporary custody of all four (4) children for such week. On or before April 15, Father will provide notice to Mother of the three (3) weeks he wishes to have temporary custody of the children. 6. During any such period of temporary custody, set forth in paragraph 3 above, Mother will provide, and Father will reasonably and dutifully administer, all necessary and prescribed medication for the children. 7. The parties will be provided temporary custody of all children on alternating national holidays. Said holidays . :1 shall be considered as Memorial Day, Labor Day and Independence Day. '7 B. Mother will be provided temporary custody of all four (4) children on Mother's Day. Father will be provided temporary custody of all four (4) children on Father's Day. 9. The parties will divide the Christmas Holiday by providing temporary custody of all four (4) children to one (1) parent from 5:00 p.m. December 24 tO~2:00 ~ December 25. At that time, the other parent will enjoy temporary custody of all children until /2: 00 ~;~ December 26. Such positions will alternate yearly. ~ r 10. Mother and Father may make such changes and .\adaPtions to the above upon mutual consent. The consent of ~/j.' 'either party to such changes and adaptions shall not be unreasonably withheld. , I ! I f! 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H.;'J:.+' Ch\\clrer'\ Q",'e E:)(\ 0.(\'1 rn-e.d',~-\\af'\.s. :;~ e N'\o-\-\-..e.r ~ i \ \ 'S \..:l~~ \~ ' ,,~c.-\-\....e.r- .", W"':\-h _ ,,~e. . ~d~Uo.\~ Cl.N'\bt)~~ +:0, ~e-.ciuro..\.'\C<\ i ot=' VI 'S.'\:o..~\CX\" pu.. '_'_"__.__.. I i , , " , i I I , , I: ..--........- .,_. ~_.__.~. ..... :! .1 I - .?-~'7t;Zi,; ~ c;'jf-;;'~r V ..2./" /. I'.-:J. 7,/ -;t:' ell)l, T, 1-( .. .,... , ., . . . I ,~. F~"""'''''''''~..~' ~ .... .,~,.__._. - '''f~ .~.-..-l';'.'.~' ., , , 'I / ~, . . . . ~, "--""'~':;'-~." .' _ ,,' ~ -J.' - .....~ --'-' I' .., ,. . , , i-"j 114R 1 ? 1995 J:..-J Il~R 17 4 00 PH '95 FRANKLIN L. O'DONNELL, Plaintiff . \' 'J] "Ili! :IN \f~JlcbW~:;d.fi'J:OMMON PLEAS OF :CUMBERLAND~ COUNTY, PENNSYLVANIA v . . :NO. 560 - CIVIL - 1995 . . ANITA D. HOCKENBERRY, Defendant : :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this JJJ.~ day of _Wl')1 i..L ,1995, consideration of the attached Custody Conciliation Report, ordered and directed as follows: 1. A Hearing is scheduled in Courtroom No. S of the Cumberland County Courthouse on the /JlIL day of (]" 'L~_ , 1995, at q :00 A.M. at which time testimony will be taken in the above case. At this Hearing, the Father, Franklin L. O'Donnell shall proceed initially with testimony. The parties or their attorneys shall file with the Court and opposing counsel a Memorandum setting forth a history of the custody proceedings in this case, each party's respective position on the current custody situation and what Order should be entered, a list of witnesses that will be called to testify at the Hearing, along with a summary of the anticipated testimony of these witnesses. This Memorandum shall be filed at least ten days prior to the Hearing date. upon it is 2. Pending further Order of this Court, the existing custody arrangement shall remain in effect with the Father, Franklin L. O'Donnell and the Mother, Anita D. Hockenberry enjoying shared legal custody of Holly Dawn O'Donnell, born March 31, 1979, Melinda Kay O'Donnell, born April 11, 1982, Jamie Lee O'Donnell, born February 17, 1985, and Christopher Franklin O'Donnell, born June 5, 1987. The Father shall maintain primary physical custody of Holly, with the Mother maintaining primary physical custody of the other three minor children. Each respective parent shall enjoy temporary custody with all four children on alternating weekends. The time shall be from 5 P.M. on Friday until 5 P.M. on Sunday. Father shall handle transportation on Friday evening with Father either delivering Holly to Mother's home at 5 P.M. or picking up the other three children at Mother's home at 5 P.M. Mother shall handle transportation on Sunday evening with either returning Holly to the Father at 5 P.M. or picking up the other three children at the Father's home at 5 P.M. .....-r..., --"' !'f'jj';:" BY THE COURT, cc: Mark K. Emery, Esquire_ Franklin L. O'Donnell .,.} "",';".t,.( .3 .HII qs . "J.f' ,"', ....c,; .. v :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 560 - CIVIL - 1995 FRANKLIN L. O'DONNELL, Plaintiff ANITA D. HOCKENBERRY, Defendant . . . . :CIVIL ACTION - CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Holly Dawn O'Donnell, born March 31, 1979, Melinda Kay O'Donnell, born April 11, 1982, Jamie Lee O'Donnell, born February 17, 1985, and Christopher Franklin O'Donnell, born June 5, 1987. 2. A Conciliation Conference was held on March 10, 1995, with the following individuals in attendance: The Mother, Anita D. Hockenberry, with her attorney, Mark K. Emery, Esquire, and the Father, Franklin L. O'Donnell, who appeared without counsel. 3. The parties have been working wi th a custody agreement from December of 1993. The older daughter, Holly, has been living primarily with the Father, but she recently came back to live with the Mother for a short period of time and then went back to the Father. The parties have an informal arrangement whereby the other three children were to see Father on alternating weekends. Father suggests that the Mother has not abided by that schedule. Mother suggests that Father has not sent Holly to see her on alternating weekends. 4. Father indicates that Christopher wants to come to live with him at this time. Father suggests that he wants a Hearing in order to litigate the issues with respect to Christopher. Father is also suggesting that he be provided with expanded visitation rights during the summer, on Christmas, and he should have a guaranteed alternating weekend that is not subject to the whims of the Mother. ....- , .' '. '. , " " . 5. The Mother suggests that the Father's household is in disarray and that the Father has demonstrated in the past an inability to properly supervise the children. Mother is not willing to allow Christopher to go to live with Father, and suggests that Christopher's indications to Father on that issue are merely made to appease Father. 6. A Hearing is necessary. A Hearing should take no morc than one day. 7. The Conciliator recommends an Order in the form as attached. 'J//Y fir- 'DA 'E re ., " * : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA h--41\t !in L. 00011 Plaintiff 11r11 V . . :CIVIL ACTION - LAW . . :NO. q s-=-sc..O CIVIL 19 :CUSTODY/VISI-TATION * ,(l 't D)-I kc.nbc7''f r-tn I "" . ~. Defendant " ORDER OF COURT F~br......(\/ t 1'1 ~ AND NOW, this (date) I '15, upon consideration of the attached complaint, it is hereby directed hatfth p'B ties and their respective couns 1 appear before , '" r-r . &. (j t-~ the conciliator, at DO be",... ",,-.,J/" on the .-1 or'" day of M..re h , 19 3 , at . IV) M., for a Prehearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard~y the court, and to enter into a tempora~ order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. , t FOR THE COURT: By: ... t:-s." / 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 " fEU J II I ." 1(1r. .:0 '.iI ,,;1 .' .,,: . .,.) <l.9J (,b~" /f~jl~ 7J /-'~~ "/ . 1. a::" o.:J,~,~ co/,/" fikt,if/ ~ ",t.:L:Y OJ V'7J' &/)' rflt<:v-..l~" j,r6~7' p . i 1" i I I.. . .... P~,'\ r Ord er Of Court \O','~'\~. Fra,,'K\.f' L D'Dc"""","\\ - v- D~el"dan\ - l\f'';'~a. D \\oc.\:.enberr'{ FEI3 3 1995~F-' q 5'.5(00 Cu..:...O T~Nr'\ I\D, O'r \C't You, Anita L, Hockenberry, defendant, have been sued in court to obtain custody, 01' Christopher Franklin O,lJonnell and visitation for Melinda Kay O,Donnell ana Jamie Lec O,Donnell. You are ordered to appear in person at -------------------------------- on ----------------------, at-----------------, -------M, for ar:oonclliation or mediation conference. --------a pretrial conference. __u___ a..hearing before the court. If you fail to appear as provid ed by this ord er, an ord er for custody, or visitation may be entered against you or the court may issue a warrant for your arrest. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot affora one, go to or telephone the office eet forth below to find out where you can fet leeal help. O.r:s~i.f:"~_ uI: ~\::. !;'_!:'.c.u I :LM f'l\, I-II!A fe..-\O r C.umb(J[a~.,a QO\:J''>'''\ Q,L;\Jr-'t-''''ClUl',(-' ~\ot)r\", "~'OD r - CAr..u ~f'.. _ \?a _ L 1013. _____ lidareell : _ .:1LJ1.-:t ~~()_:. Lo_~ar.L_ __ t( epuone numoer By 'l'he t;ourt ----------------------------------- .... ...... . ... .... .,. "... '~-"."'_'r"'-""'."""-'-. .... .... .. court of common pleas of cumberland county ',J Inn':'" \,) \. i ,),' FEE Plaintiff - Franklin L. G,nonnell ~ivil A~tion - Justody lurtial ,Justody Visitation q5 - SuO e:uJ- \JU\r\ NO.------- of 19------ V lJefenaant- Anita lJ. Ho.:kenuerl'Y uomplaint for ( vusto~y) (Visitation) 1.. The plaintiff is Franklin L. o,lJonnell, Residing at p.O. Box 34 spring Run, PA. 17262 Franklin county. 2. The aefendant is Anita ~. Houkenb~rry, Resiainin[ at 21 5. Sprin€ Gal'uen 5tl'eet 17013 l:umberland (;ounty. 3. Plaintiff seeks custody of the followinE child: Christopher Franklin o,Lonnell residin€ at ~1 S, ~prin[ Garden street Carlisle PA.17013 Age 7 Plaintiff seeks visitation of the following children: Melinda Kay O,uonnell Ace 12 Jamie Lee O,uonnell A/:e 9 residing at 21 S. Spring Garden street l:al'lisle PA, non The chiluren was not born out of wedlouk The children is presently in the custouy of Anita D. Hockenberry who resides at ~1 ~. Spring Garden street Carlisle ~A. 17031 The mother of the children is Anita lJ. Hockenberry currently residing at 21 S. Spring Garden street carlisle PA. 17013 She is divorced. The f <..,.,0' ... ....-.- ., . .. ' - . !' The father of the uhildren il3 r'ranklin L. o,;,onnell currently residine at p.". EOX 34 :;pl'ine hUll f/;, 172tJ(~, He is married, 4. The relationship'o1' plaintiff to the uhilJrtll is that of Father the plaintiff uurrently resides with the followine persons kobin ~,uonnell ( wife I Holly 0,uonnell (Juucbter) Joshua 0,uonnell (eon ~ ~asey L,uonnell (uaufhter) 5. The relatiollship 01' lH:l'enuant to the uhilJl'ell is that 01' ~:other the defendant uurrently resides with the followinc persons uaniel Wolfe (boyfriend) Melinda O,Donnell (daughter) Jamie O,Donnell (dauehter) Christopher O,Lonnell (son) 6. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in II court of this commenweal tho Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The \Jest interest, and permanent welfare 0 f the child will be served by granting the relief requested because (set forth facts showing that the eranting of the relief requested will be in the best in- terest and permanen t welfare of the chila) Christopher Franklin o ,Lonnell. 8. Each parent whose parental rifhts to the child have not been termin- ated and the persons who hasdphysical custody of the child have been named as parties to this aution. All other all othE:r pE:rsons, nomed below, who ore knOwn to haVE or cloim A rit:ht to custody 01' viaituton 01' the chile will be givinl notice of the pendency 01' thio Aution and the ri(ht to intervene. (none) Wherefor, plaintiff requests the court to [rant (custody) of Christopher franklin o,~onnell and (visitation) for Melinda Kny O,uonnell ana JamiE LEe o,JonnEll. ;jfm~d~-.t:-()..~~~ ~/.:z./t q~'- "'. ... " *ttQr~o~ fQ~ Plaintiff (711) 3119-7970 1 verifY that the statement maoe in this l;omplaint Are true and corr- ect. 1 understand that false statements herein are made subject to the penalties of 1U Pa.~.~.4904 relatinL to unsworn falsification to authorities. f:.~td..k-~!.l..-1;md1/ :L./;;" 1199F Plaintiff ...__._....' t" ....,..-....-... ~.. " .....,. ..-.... " .- ." ""., 0' 7' tlo III - .J ..c n t 1: .:J.. (J1 lJl (; '0 (,).. -~ I>:::: ........ ........ i ' ; ! l ....._, ", l..; I I \ I \ ! I! I: 1,\ I' i I! i I I! I' i i' I i I ! I' I ! I \ I I i I i r'"..) ;tl til ll) <5 8 Ul I..^ 0 ~li. .~ ';? t.1~ tJ' L, .' L~ -,. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-560 CUSTODY/VISITATION FRANKLIN L. O'DONNELL, Plaintiff ANITA D. HOCKENBERRY, Defendant NOTICE TO PLEAD TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully, FENSTERMACHER AND ASSOCIATES By: ,~'/A .?:'? Mark K. Emery Supreme Court I.D. #72787 5232 East Trindle Road Mechanicsburg, PA 17055 (717) 691-5400 Attorneys for Defendant Dated: March 24, 1995 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-560 CUSTODY/VISITATION FRANKLIN L. O'DONNELL, plaintiff ANITA D. HOCKENBERRY, Defendant ANSWER AND NEW MATTER AND NOW comes Defendant Anita D. Hockenberry, by and through her attorneys, the Offices of Fenstermacher and Associates, and files this Answer and New Matter, as follows: 1. Admitted. 2. Admitted. 3. Defendant admits all factual allegations in paragraph 3 of Plaintiff's Complaint. By way of further explanation, Plaintiff and Defendant currently possess shared custody of the parties children, Holly, Melinda, Jamie and Christopher. Defendant Anita D, Hockenberry has, primary residential custody of Melinda, Jamie and Christopher. Said custody schedule was set forth by agreement of the parties, dated December 3, 1993. Said Agreement is attached and incorporated as Defendant's Exhibit "A". 4. Admitted. By way of further explanation, Defendant Anita Hockenberry and Daniel Wolfe are engaged to be married. 5. Admitted upon information and belief 6 . Denied. 7. Admitted. B. Denied. The best interest and permanent welfare of this child will be served by denying the relief requested because: a. Maintaining custody of Christopher 0' Donnell with Defendant promotes the family unit concept, as the child's siblings reside with the Defendant. b. Plaintiff has indicated an intention to move our of state. c. Plaintiff does not and can not provide a stable household. d. Plaintiff does not and can not provide adequate supervision. e. Plaintiff is an unfit parent. f. Plaintiff does not cooperate with Defendant in raising the children, nor provide adequate communication or consultation with Defendant in regards to parental decisions. g. Based upon the facts presented in Defendant's, New Matter, incorporated fully herein. NEW MATTER 9. Paragraphs 1 through B are incorporated herein as if fully set forth. 10. Plaintiff has previously maintained custody of Melinda O'Donnell, from in or about September 1991 to in or about June 1, 1993. 2 11. In June of 1993, Melinda O'Donnell made an intelligent and knowing decision to change residences and live with her mother, Anita D. Hockenberry. 12. The reason for such decision was plaintiff's inability to provide a stable and nurturing family environment. 13. Upon returning to the residence of Defendant, Melinda O'Donnell was provided counseling and therapy through The Steven's Center, a professional family counseling center. 14. The need for such therapy was created due to the living situation Melinda endured while in the custody of Plaintiff. 15. plaintiff currently maintains residential custody of Holly O'Donnell. 16. Plaintiff has previously indicated to Holly O'Donnell that he does not wish to maintain custody of her. 17. Plaintiff has made threats to Holly O'Donnell that she would be placed in a juvenile home. 18. There is no basis for the above-referenced threats, as Holly O'Donnell has never had any legal, scholastic, or other problems which would necessitate such drastic actions. 19. Said threats were made for the sole purpose of inducing Holly O'Donnell to reside with Defendant Anita D. Hockenberry. 20. On February 7, 1995, Holly O'Donnell made a knowing and intelligent choice to reside with Anita Hockenberry. 3 21. Holly O'Donnell is currently maintaining residence with Plaintiff. However, Holly O'Donnell has indicated a desire to reside with Defendant Anita Hockenberry commencing at the end of the current school year. 22. It is believed and therefore averred that Plaintiff has provided alcohol to Holly O'Donnell on at least one (1) occasion. 23. It is believed and therefore averred that plaintiff has provided, on a regular basis, tobacco products to Holly O'Donnell, since at least her twelfth (12th) birthday. 24. Plaintiff, on his own volition and without consulting Defendant Anita Hockenberry, had birth control pills prescribed for Holly O'Donnell when Holly was twelve (12) years old. history of cancer in the Hockenberry family. Said history 25. Said birth control pills were prescribed although there was no evidence that Holly O'Donnel was sexually active. 26. Said birth control pills were prescribed despite the precludes Defendant Anita Hockenberry from taking birth control pills. -J' ., ":<'; ",,' "-'.' 27. Plaintiff did not provide the above-mentioned vital family history to the prescribing physician, nor did Plaintiff consult with Defendant Anita Hockenberry on this matter. 28. During a year period encompassing 1993 and 1994, Plaintiff allowed Holly O'Donnell to make weekend visits with 4 .'~ . > ~;:~ , ::~} ;-<~. . ~\~~ :;"1 ,"j:' ; .;s~,! ;'~::l ,.':.~j '7:;~ :~ ,r-ift .'- ':1~ .\;1 ",'I."j{ 'H, 'i'Ur ".~ ';"0';' )~ ',:..(, " !\~ 29. plaintiff has promised to Christopher a pony, a four (4) wheel vehicle, and a private bedroom if Christopher agreed to live with plaintiff. 30. Christopher 0' Donnell is currently undergoing evaluation for Attention Deficit Disorder. Defendant Anita Hockenberry on only six (6) occasions, despite Defendants request and desire to conduct such visitations every other weekend. 31. Christopher O'Donnell, currently age seven (7), has been allowed to operate and play with aa guns and knives unsupervised. 32. During the course of plaintiffs and Defendants marriage, plaintiff used illegal narcotics on a regular basis. 33. plaintiff's drug use was open, visible and acknowledged by at least Holly and Melinda O'Donnell, and possibly the parties' other children. 34. On at least one (1) occasion, Christopher O'Donnell had obtained possession of plaintiffs illegal narcotics, unaware of what such substance was. 35. Currently, plaintiff is provided visitation of Melinda, Jamie and Christopher O'Donnell consisting of every other weekend and at least one (1) full week per summer, as well as other visitation at his request. 5 , , 36. During such visits the children are not provided beds, but rather are forced to sleep on the floor of plaintiff's trailer. 37. During such visits the children are not provided adequate living arrangements, including heat and food. WHEREFORE, Defendant Anita Hockenberry respectfully requests this Honorable Court deny plaintiff's prayer for relief, and further Defendant requests that all costs and attorney's fees be borne by plaintiff. Respectfully submitted, FENSTERMACHER AND ASSOCIATES . I // By: ,,,,/;.-1 A John R. FenstermacAe supreme Court 1.0. 29940 Mark K. Emery supreme Court 1.0. #72787 5232 East Trindle Road Mechanicsburg, PA 17055 (717) 691-5400 Attorney for Defendant DATED: March 21-, 1995 VERIFICATION . I, Anita D. Hockenberry, have read the foregoing Answer and New Matter and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. !i 4904 relating to unsworn falsification to authorities. (').; , I' ~ ' '_ '\ \ I. . ... By : 1 -, ", \ .1. \~... '1... .. "1\..fl Anita D. Hockenberry DATED: March 0\), 1995 CERTIFICATE OF SERVICE AND NOW, this 24th day of March, 1995, I, Mark K. Emery hereby certify that I have served the foregoing Answer with New Matter by mailing a true and correct copy by United States certified mail, return receipt requested postage prepaid, addressed as follows: Franklin O'Donnell P.O. Box 34 Spring Run, PA 17262 . ...-:: / -A//. Y , By: /" r,,~,........\ _..-...--__----,. Mark K. Emery, Esquiree: Supreme Court ID 72787 Fenstermacher and Associates 5232 East Trindle Road Mechanicsburg, PA 17055 (717) 691-5400 ,. :1 r !' II Ii I' r , I I (\~~!. "-j/ I I I ...... FRANKLIN L. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : 95-560 CIVIL TERM ANITA D. HOCKENBERRY, Defendant . . AFFIANT: PTL. THOMAS GELNETT IN RE: TEMPORARY CUSTODY ORDER ORDER OF COURT AND NOW, this 14th day of June, 1995, it is ordered that: 1. Franklin o'Donnell, hereinafter referred to as Father, and Anita Hockenberry, hereinafter referred to as Mother, shall have shared legal custody of their four children: Holly Dawn O'Donnell, Melinda Kaye O'Donnell, Jamie Lee O'Donnell and Christopher Franklin O'Donnell. primary physical custody of Holly Dawn O'Donnell shall be with Father. primary physical custody of Melinda Kaye O'Donnell, Jamie Lee O'Donnell and Christopher Franklin O'Donnell shall be with Mother. 2. Temporary custody of all four (4) children will be provided to Mother and Father on alternating weekends. The time shall be from 5:30 p.m. Friday to 5:30 p.m. sunday. Father shall provide all necessary transportation on Fridays, to wit: either delivering Holly to Mother's residence or picking up Melinda, Jamie and Christopher at Mother's residence. Mother shall provide all necessary transportation on Sundays, to wit: either delivering Holly back to Father's residence or picking up Melinda, Jamie and Christopher at Father's residence. ,it,l."-;;''';!i~drl ,1.1': ' ;~J (,h,,'C\J'Jrd'\J \qV: ,.~O\lc"'.1 ;1,; n i ~\i J It' , SG. H~ ~E b 61 HOr 3. Temporary custody of Melinda, Jamie and Christopher will be provided to Father for three (3) weeks during the children's summer vacation. Such vacation will be considered as beginning on the first day all children have completed the school year. Father's temporary custody shall extend no later than 10 days prior to the first scheduled school day of any child. 4. Temporary custody of Holly will be provided to Mother for one (1) week during Holly's summer vacation. 5. In order to facilitate the temporary custody set forth in Paragraphs 3 and 4 above, Mother will provide notice to Father on or before March 15 of the date(s), consisting of one (1) full week, of Mother's summer vacation. Mother will be provided temporary custody of all four (4) children for such week. On or before April 15, Father will provide notice to Mother of the three (3) weeks he wishes to have temporary custody of the children. 6. During any such period of temporary custody, set forth in paragraph 3 above, Mother will provide, and Father will reasonably and dutifully administer, all necessary and prescribed medication for the children. 7. The parties will be provided temporary custody of all children on alternating national hoidays. said holidays shall be considered as Memorial Day, Labor Day and Independence Day, Mother will be given such proceeding under Paragraph 7 beginning Independence Day of 1995. Holidays shall alternate thereafter. . 8. Mother will be provided temporary custody of all four (4) children on Mother's Day. Father will be provided temporary custody of all four (4) children on Father's Day. 9. The parties will divide the Christmas Holiday by providing temporary custody of all four (4) children to one (1) parent from 5:00 p.m, December 24 to 2:00 p.m. December 25. At that time, the other parent will enjoy temporary custody of all children until 2:00 p.m. December 26. Such positions will alternate yearly, Franklin O'Donnell will provide the period of 5:00 p.m. December 24th, to 2:00 p.m. December 25th beginning 1995, which shall alternate thereafter. By the court, Franklin L. O'Donnell, Pro se 12360 Path Valley Road Willow Hill, PA 17271 Mark K. Emery, Esquire Counsel for the Defendant C"\\''''''- "~l.'( "I' 'I /9,r. ...t f. lt