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HomeMy WebLinkAbout95-01490 ~ { o ..J .,. ..' ""-. '. . i & .. J ..~ J ~ '1', ., c.. J!! 3 J -~~ - " ,;, ~: :';. ."'; ". o Z <'.;1 ROBIN A. CAUFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-''t18L TERM WAYNE M. LOSH, Defendant PROTECTION FROM ABUSE AND NOW, ~y PROTECTION ORDER this ~ day of March, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, ROBIN A. CAUFMAN, now residing at 7043 Carlisle Pike, Lot 336, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, WAYNE M. LOSH, the follo~ing Temporary Order is entered. The defendant, WAYNE M. I~SH, (55#: unknown; Date of Birth: 09/30/72), now residing at 336 W. Penn St. Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, ROBIN A. CAUFMAN, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 7043 Carlisle Pike, Lot 336, Carlisle, Cumberland County, Pennsylvania, a residence which the plaintiff and the minor child moved to to avoid abuse which is not owned or leased by the defendant, except for the limited purpose of transferring custody of the parties' child. The defendant shall remain in his vehicle at all times during the transfer of custody. 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, except for the limited purpose of facilitating custody arrangements. The defendant is enjoined from harassing and stalking the plaintiff and ~i~ '5) ~I~R Z2 2 511 r~ '9S , :' 1 ;' ! ! ~ t i H~r ~ -; 1-,'.',' \',-. I. .,' ,",1'1 ",.,.,-,'. ,"j.'. i , from harassing the plaintiff's relatives. 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; i i) a private criminal complllint under 23 Pa. C.S. 66113.1 j 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 oo-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 plaint iff. Temporary custody of TYLER WAYNE LOSII, is hereby awarded to the plaintiff, ROBIN A. CAUFMAN. The defendant is ordered to relinquish to the sheriff's department the following weapon which he owns, possesses. has used or threatened to use against the plaintiff: shotgun/rifle. and the defendant is prohibited from acquiring or possessing any other weapons for the duration of this Order. This Order shltll remain in effect unti I modified or terminated by the court after notice or hearing. A hearing shall be held on this matter on the M day of March, 1995. at 8':"1<; "(,m.. in Courtroom No. .s-, 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 mail. The Silver Spring Township and Carlisle Police Departments will be provided with certified copies 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 issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.S. o 6113). By the urt, Judge ~ . . '. ......,.._-.._-~--- ROBIN A. CAUFMAN. IN nm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaint iff v. NO. 95- CIVIL TERM WAYNE M. LOSH. Defendant PROTECTION FROM ABUSE NOT ICE 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 may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaint iff. 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 COURTIiOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American 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. ROBIN A. CAUFMAN, IN WE COURT OF COMMON PLEAS OF Plaint iff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM WAYNE M. LOSH, Defendant PROTECTION FROM ABUSE PETITION FOR PROTF.cTION ORDER RELIEF UNDER THE PROTF.cTION FROM ABUSE ACT. 23 P.S. ! 6101 et seq. A. ABlISF. I. The plaintiff, ROBIN A. CAUFMAN. is an adult individual residing at 7043 Carlisle Pike. Lot 336, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, WAYNE M. LOSH, (55# unknown; Date of Birth: 09/30/72), is an adult individual residing at 336 W. Penn Street, Carlisle, cumberland County, Pennsylvania, 17013. 3. The defendant has had an intimate relationship with the plaintiff. 4. Since approximately May, 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 bodi Iy injury. This has included, but is not I imited to, the following specific instances of abuse: a. On or ubout March 11, 1995. the defendant became angry with the plaintif, argued with her und pushed and shoved her around. The defendant threw the plaintiff's breakfast, which she was cooking on the stove into the sink and screamed at the plaintiff, repeatedly asking her whether she wanted to remain in the relationship with him. After some time the plaint iff was able to calm the defendant down, but whenever she went to tend to her chi Id, the defendant pushed her away. The defendant became angry, picked up the child and attempted to leave with him. When the plaintiff tried to prevent him from leaving wi th the chi Id, the defendant threw the plllint i ff onto the floor, slapped her with his hands, and hit her with his fist about her face and head. When the plaintiff pleaded with the defendant to stop, he said he wouldn't because she was making him "do it" to her. Each time the plaintiff attempted to leave the house with her child, the defendant pushed her into the wall or the furniture, causing her to hit her head on the wall or the floor. At one point the defendant pinned the plaintiff on the bed and choked her, causing her to lose consciousness. When the plllintiff regained consciousness, she was on the floor next to the bed, gasping for air. The defendant screamed at her and told her to stop "putting on an act". Eventually the defendant calmed down and the plaintiff attempted to convince him to let her take the chi Id and leave the house. The defendant said that she could lellve, but that she could not take the child. However, a few moments later the plaint iff did try to leave, alone. and the defendant pulled her away from the door saying that she was not going to leave him. When the plaintiff tried to use the phone to call for help, the defendant ripped the phone out of the WillI. By 1:00 p,m. the defendant hlul calmed down somewhat and told the plaintiff to get In the car with the child because they were all going to visit some of the residents at the nursing home where the plaintiff worked. However, while the plaintiff drove. the defendant repeatedly pulled the emergency brake. causing the car to stop short. On two occasions the defendant took the keys out of the ignition while the plaintiff was driving, causing the steering wheel to lock. The plaintiff eventually just drove home because that was the only direction the defendant would let her go. The plaintiff stopped the car at the bottom of the plaintiff and defendant's residence and got out of the car. The defendant tried to take the child and leave. pushing the plaintiff onto the ground. causing her to hit her head and injure her tailbone. Eventually the plaintiff was able to convince the defendant to let her drive the car the rest of the way up th~ driveway. and after the defendant strapped the child into the car scat the plaintiff drove off before the defendant could get in the car. The defendant grabbed onto the plaintiff's windshield wiper. causing it to bend. and chased the plaintiff's car down the street. The plaintiff went to her mother for help and then to the State Police and the Emergency Room. As a result of the defendant's abuse. the plaintiff suffered a fractured tailbone, black right eye. bruises on her throat and knee, sprained left wrist. abrasions and bruises over her entire body, and a bruise on the back of her head. b. In or about February, 1'l95, the defendant became angry with the plaintiff and picked up the pan of food the plaintiff was cooking and threw it across the room. The defendant then pushed the plaintiff in the chest, with both of his hands, causing the plaintiff to slam into the wall. The defendant pushed the plaintiff into a chair where he yelled at her and slapped her on the left side of her face, leaving a large red mark on her cheek and ear. The defendant then pulled the plaintiff up from the chair and shook her. c. On or about August, 1994, while the plaintiff was five months pregnant, the defendant became angry with the plaintiff and refused to allow her to leave the apartment to go to work. Each time the plaintiff attempted to leave, the defendant pushed her away from the door, on one occasion he pushed her with enough force to cause her to fall over a chair and bruise her cheek and back. When the plaintiff attempted to call her mother for help and as she was speaking to her, the defendant grabbed the phone and pulled it from the wall. The defendant got his loaded gun and threatened the plaintiff saying he was going to kill her mother when she came to help the plnintiff. The plaintiff pleaded with the defendant to allow the plaintiff to warn her mother, and the defendant grnbbed the plaintiff and threw her out of the house, throwing her car keys and shoes after her. The plaintiff met her mother before the mother reached the plnintiff's residence, and fearing for her safety if she returned to the residence, the plaint i ff stayed nt her mother's residence for two weeks. 5. On or nbout March II, 1995. the plnint iff and her minor chi Id left her residence at 79 Mare Road, Apt. #4. Carlisle. 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 wi th the plllint i ff including, but not I imi ted to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff. and from harassing the plaintiff's relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. 10. 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. II. The plaintiff desires that any weapons the defendant owns, possesses, and has used or threatened to use against the plaintiff be confiscated by the Sheriff's Department. 8. EXCLUSIVE POSSF.sSION 12. The mobile home from which the plaintiff is asking the Court to exclude the defendant is owned in the name of the plaintiff's parents and the defendant has never resided there. C. LOSSES/ ATIORNEY FEES 13. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. Il. Tf)lP()RARY CUSTOIlY 14. The plaint i ff seeks tcmpornry custody of the following chi ld: Name TYLER WAYNE LOSH Present Residence ~ 7043 Carlisle Pike, Lot 336 Carlisle, PA 3 months The child was born out of wedlock. The child is presently in the custody of the plaintiff, ROBIN A. CAUFMAN, who resides at 7043 Carlisle Pike, Lot 336, Carlisle, Pennsylvania. Since his birth the chi Id has resided wi th the following persons and at the following addresses: ~ Addresses Dates Plaintiff, defendant 79 Mare Road, Apt. #4 Carlisle, PA 12/25/94 to 3/11/95 3/11/95 to present Plaintiff and her parents, Linda and Roy Shearer 7043 Carlisle Pike, Lot 336 Carl isle, PA The plaintiff is the mother of the child, Tyler Wayne Lash, currently residing at 7043 Carlisle Pike, Lot 336, Carlisle, Cumberland County, Pennsylvania. She is single. The plaintiff currently resides with the following persons: Name Relationship Tyler Wayne Losh Linda Shearer Roy Shearer son mother father The defendant is the father of the child, Tyler Wayne Losh, currently residing at 336 West Penn Street, Carlisle, Cumberland County, Pennsylvania. He Is single. The defendant currently resides with the following persons: Name Relationship Marge Corbett mother 15. The plaint iff has not previous Iy part Iclpated In any 11 tigat Ion concerning custody of the nbove mentioned child In this or any other court. 16. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court In this or any other jurisdiction. 17. 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 vis I tat Ion rights wi th respect to the chi ld. 18. The best Interests and permanent welfare of the minor child will be met If custody Is temporarily granted to the plaintiff pending a hearing In this matter 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 his birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. c. The defendant's behavior has adversely affected the child. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P.S. g 6101 et seQ.. as nmended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protect ion from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintiff and 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 /lnd written communications, except to facilitate custody arrangements; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 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. Ordering the defendant to stay away from the plaintiff's residence located at 7043 Carlisle Pike, Lot #336, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared; 7. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself; 8, Granting temporary custody of the minor child to the plaintiff, and 9. Ordering the defendant to rei inquish to the ShNiff's department the following wenpon which he owns, possesses or has used or threatened to use against the plaintiff: shotgun/rifle, and prohibiting the defendant from acquiring or possessing uny other weapons for the duration of the order. 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 yeur: I. Ordering the defendant to refrain from abusing the plaintiff and 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, except to faei I i tate custody arrangements; 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives; 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. Ordering the defendant to stay away from the plaintiff's residence located at 7043 Carlisle Pike, Lot #336, Carlisle, Cumberland County, Pennsylvania, which the parties have never shared; 7. Order ing the defendant to stay away from any residence the plaintiff may in the future establish for herself; """ CIllO> - -". :1f~- 1_'1": U.II'."" <01 ~~;_':t :",-:,) ,r i>.E. ~ ..... N '~4. ~ ~~ ~ ...... ...... ~ ::a= ," '1,"" , :;:-; l..."' 'i ~ BHIlIU rr' B _TUN' CAB. NO. ~.,.-o~..o P COMMONW~TH or P.NNBYLVANXA. COUNTY or CUM..RLAND c:AUrMAN lU)a%N A.. V8. LaSH W,AYNII M. AOBIIR!r %.. I'%NIC . 8h.~~~~ o~ D.puty 8h.c~~~ o~ CUMaSRLAND county. p.nn.y~v.n~a. who b.~n9 du1y .wo~n accoEd~ng to 1aw, may., that he ..eved the w1th~n PROTmCTrON rROM A.BU.. upon LOSH WAYNE M. the d.~.nd.nt, at 1600100 HOURS, on the ~ day o~ March . ~9n at 336 .IIST PIINN .TRB~ eARL%s:r.m. PA 17013 ,CUM..JU......,D . County. P.nn.y1van~a. by hand~n9 to a true and att..tad copy or the PROTBCT2:0N r~ A.8US. . and at the ..me time dic.at~n9 HAa attention to the content. theeeOr. 8her1rr'. Coat81 Docll:.t~n9 .ecv:Lce A~~~d.v~t surcharge 18.00 2.80 .00 .00 $20.80 80 an.v.c....~.".~~-::,,~~.,.,~ ~g/ ," . . ~. Thomaa X1:Lne, sher:irr 00/00/0000 by ~~ f~J~- .- Deputy 8hec;l,~~ Swocn and aubaccibed to baror. ma th~. .l',\'!!- day o~ /YI,-",~ 19 'i( A. D. \. \ I :'1 '-'- I o,~~ pr:othonot'. ROBIN A. CAUFMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF v, CUMBERLAND COUNTYr PENNSYLVANIA NO. 95-1490 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY WAYNE M. LOSH, Defendant PBTITION FOR MODIFICATION The plaintiffr Robin A. Caufman, by and through her attorneysr Philip C. Brigantir Joan Carey, and Jane Muller-Peterson of Legal Servicesr Inc. represents the following: 1. The plaintiff, Robin A. Caufmanr and the defendantr Wayne M. Loshr are in the process of reconciling their differences. 2. The plaintiff desires that the defendant no longer be enjoined from having any direct or indirect contact with her includingr but not limited tOr telephone and written communicationsr and that the defendant no longer be ordered to stay away from her residence located at 7043 Carlisle Pike, Lot 336, Carlisler Cumberland County, Pennsylvania, or any other residence she may in the future establish for herself. 3. The plaintiff desires that all other provisions of the Protection Order dated March 30r 1995r remain in effect. WHEREFORE, the plaintiff requests that the Protection Order of March 30r 1995, be modified to reflect the above terms. Respectfully submitted, ~,.. tll..J!('lh..-eCu..-.,-v-- P 'lip C. Briganti Joan Carey Jane Muller-Peterson Attorneys for Plaintiff The above-named Plaintiff, Robin A. Caufman, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904r relating to unsworn falsification to authorities. Date: LPI ~Cjl() 8. The shotgun and DB rifle confiscnted from the defendant hy the CUmberland County Sheriff's Department shall remain in the sheriff's custody pending further Order of Court after the expirnt ion of the Protect ion Order, and the defendant shall not buy, acquire or possess any other weapons for the durat ion. 9. The court costs and fees are waived. 10. This order shall remain in effect for 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 pattern or practice that indicates risk of harm to the plaintiff on a continued basis. This Order shall be enforceable in the same manner ns the Court's prior Temporary Protection Order entered in this cnse. II. This Order may subject the defendant to: i) arrest under 23 PII. C.S. g6113; il) a private criminal complaint under 23 Pa. C.S. g6113.1; ili) a charge of indirect criminal contempt under 23 Pa, C.S. g6114, 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. g6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 12. The Silver Spring Township and Carlisle Police Departments shall be provided with certified copies of this Order by the plaintiff's nttorney and mllY enforce this Order by arrest for indirect criminal contempt wi thout w/lrrnnt upon probable cause thllt this Order has been violated, whether or not the violation is committed in the presence of the pol ice officer. In the event that /In nrrest is made under this sect ion, the defendant shill I he taken wi thout unneCl!ssary delay before the court that issued the order. When that court is unllvnilnble, Defendant IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COl'NTY, PENNSYLV AN I A NO. 95-1490 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY ROBIN A, CAUFMAN, Plaintiff v. WAYNE M. LOSH, CONSENT AGREEMENT This Agreement is entered on this .;;.q'l- day of March, 1995, by the plaintiff, Robin A. Caufman, and the defendant, Wayne M. Losh. The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The part ies agree that the following may be entered as an Order of Court. 1. The defendant, Wayne M. Losh, agrees to refrain from abusing the plaintiff, Robin A. Caufman, and/or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaint iff including, but not I imited to, telephone and wri tten communications, except for the limited purpose of facilitating custody arrangements. 3. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's relatives. 4. The defendant agrees not to enter the plaintiff's place of employment. 5, The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away from the plaint iff's residence located at 1043 Carlisle Pike, Lot 336, Carlisle, Cumberland County, Pennsylvania, except for the limited purpose of transferring custody. 7. The defendant IIgrees to stllY away from any residence the plaint iff may in the future establ ish for herself, except for the I imited purpose of transferring custody. 8. The defendant agrees that the shotgun and BB ri fie confiscated by the cumberland County Sheriff's Department wi II remain in their custody pending further order of Court after the expi rat ion of the Protect ion Order, and that he will not buy, acquire or possess any other wellpons for the duration. 9. The defendant, although entering into this Agreement, does not admit the allegllt ions made in the Pet i t ion. 10. The court costs and fees are waived. 11. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) 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 pattern or prllctice that indicates continued risk of harm to the plaintiff. 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. 12. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa. C.S. ~6It3; ii) a private criminal complaint under 23 Pa. C.S. g6113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. g6114, punishable by imprisonment up to six months and a fine of $100.00- $1,000.00; and iv) civil contempt under 23 Pa. e.s. ~6l14.1. 13. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, Tyler Wayne Lash: a, The mother wi II have primary physical and legal custody of the chi Id.