HomeMy WebLinkAbout95-01730
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CERTIFICATION OF PFA CONTEMPT
Case Number q~ - /730 d~ ~
Name 1(~,- t, n~~
-p &. tItJ-!f rJ.. q J...
.:(c1A~1 PA /7()LfO
Balance Due: $ IO~.OO
Victim's Name:
~~ /. Jl,~t~
ADD DELETE
170 State Surcharge $ $
171 State Fine $ $
260 Sheriff Cost ($1. 50 + any addU) $ 37,50 $
207 District Attorney $ 10.00 $
204 Court Costs (Clerk of Court) $ 15.00 $
502
Restitution .//
Name f~A1IS (J~/$
P \
Address
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45: 50 / $
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_.- ~LERK OF COURTS" CARLISLE, PA 17013
Check Date: 11/01/95
Case No. Defendant
95-51730 WEAVER KENNETH E
Descriotions
RESTI TUTI ON
* 6186 *
Amt Released Receipt
45.50 10e3673
I
Check Amount:
State
45.50
:t.ip
Prothonotary Office
Person CertifYJ.ng Information ~r1, J1,~ Date tI/8/'If)__.I.. __"
LORENE L. WEAVER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v. . 95-1730 CIVIL TERM
.
KENNETH E. WEAVER, . CIVIL ACTION - LAW
.
Defendant . PROTECTION FROM ABUSE
.
IN RE: SENTENCE
ORDER OF COURT
AND NOW, this 8th day of September, 1995, the
Defendant, Kenneth E. Weaver, now appearing in court with his
privately retained counsel, Michael A. Scherer, Esquire, and
having been found guilty of indirect criminal contempt with
respect to a Protection from Abuse Order entered pursuant to a
cons~nt agreement on April 13, 1995, the sentence of the Court
is that the Defendant pay the costs of prosecution, and all fees
associated with the Protection from Abuse Petition and any
surcharge required under the Act, and undergo imprisonment in
-
the Cumberland County Prison for a period of 48 hours.
l-.~._)
By the Court,
.
J
William I. Gabig, Esquire
Sr. Assistant District Attorney
Michael A. Scherer, Esquire
Counsel for the Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-1730 CIVIL TERM
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
LORENE L. WEAVER,
Plaintiff
.
.
v.
.
.
KENNETH E. WEAVER,
Defendant
.
.
IN RE: DEFENDANT FOUND GUILTY
ORDER OF COURT
AND NOW, this 8th day of September, 1995, upon
consideration of the complaint charging indirect criminal
contempt in the above-captioned matter and following a trial,
the Court finds the Defendant guilty of indirect criminal
contempt.
By the Court,
J
William I. Gabig, Esquire
Sr. Assistant District Attorney
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Michael A. Scherer, Esquire
Counsel for the Defendant
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SEP III 8 ~~ 4H '95
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LORENE L, WEAVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-1730 CIVIL TERM
KENNETH E. WEAVER,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this ~day of August, 1995, this Court certifies
that the attached complai~t has been properly completed and
verified, and there is probable cause for the issuance of
process, In consideration of the attached Commonwealth's
petition, the defendant, KENNETH E. WEAVER, is directed to appear
for trial on the charge of Indirect Criminal Contempt before the
[?k
Court on the ' day of ~41'l1.b('Y" , 1995 at p,::t:) o'clock
CL .m. in Courtroom * ,~ of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney,
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
J
J.
Thomas A, Placey, Esquire
Senior Assistant District Attorney - ar~':f&~
KENNETH E, WEAVER' 7'I'-:t~~ J'H,4A
Au~ 30 ~ O~ PH '95
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LORENE L. WEAVER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
95-1730 CIVIL TERM
KENNETH E. WEAVER,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this day of August, 1995, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant,
KENNETH E. WEAVER,
If the defendant is found during normal Courthouse hours,
the defendant is to be brought immediately before the Court. If
not found during Courthouse hours, the defendant is to be taken
to the on-call District Justice and bail set pursuant to the
Rules of Criminal Procedure. Furthermore, after appearing before
the District Justice the defendant is advised to appear before
the Court Administrator at the open of the next business day,
Defendant has a right to be represented by an attorney. If
the defendant cannot afford an attorney, upon request one will be
assigned to represent the defendant. The assessment of costs to
be determined by the Trial Judge subsequent to trial.
By the Court,
J. Wesley Oler, Jr.
J.
Thomas A. Placey
Senior Assistant District Attorney
KENNETH E. WEAVER
LORENE L. WEAVER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. .
.
95-1730 CIVIL TERM
KENNETH E. WEAVER,
Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Thomas A. Placey, Senior Assistant District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal contempt:
1. A Protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2, The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a trial on the charges
of Indirect Criminal contempt pursuant to 23 Pa.C,S.A. 56113,
6. The plaintiff and the defendant may seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. 56117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Th
Se
District Attorney
CRIMINAL COMPLAINT
(PRIVATE)
COMPlAINT NUMBEn. "'..,,. YEI\'} " .",~:.rw.E,~~~., UMUER..
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Com(llaint Numbers if Othcr Participants t. .' ....
,COURT OF COMMON PLEAS or
CUMBERLAND COUNTY
INDIRECT CRIMINAL CONTEMPT
INe'OENT NUMBER UeR NO. orn
. "
District Attorney's Orrice @ 0 Approved 0 Disapproved because,
-COMMONWEALTH OF PENNSYLVANIA
DEFENDANT, VS,
I,
(IUlltilJ,tj
Lorene Weaver
(NQm~ 01 Affiant J
(Sltl14l11re)
NAME
AND
ADDRESS
of
(Idenll/... dqJQNln<nl or tJgen,,' rtprtMnlN and poIiIltol Jubd'lfis/on)
D.O.B.
S. S. #
residing at 3703 Enola Rd Newville. PA 17241
do hereby state:
I accuse the above named deCendant, who lives at the address set forth above or,
I accuse an individual whose name is unknown to me but who is described as
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o his nickname or popular designation is unknown to me and, thereCore, I have designated him herein as John
Doe; with violating the pCnal laws oC the Commonwealth of Pennsylvania at 3703 Enola Rd.
Newville. PA (l'Iau./'oIi/ICQ/ Subd/vbIOll)
Lower Frankford TWIl. in Cumberland County on or about 4-15-95 throul/:h 08-18-95
Participants were (I/Ihe"'..... panl<lpanlS,p/aa Ihel, nom'" hut, "'pealing lilt name III aba.. dqtnd.nl)'
(2) The acts commilled by the accused were: 0 0 I 0 V I OLA TE A PROTECTI ON FROM ABUSE ORDER
DATED: ADril 13. 1995 AT DOCKET NUMBER 95-1730
IN THAT DEFENDANT DID THE FOLLOWING ACTS IN VIOLATION OF THE ORDER:
04-15-95 - Did not remain in hia vehicle', harassed me by calling me names.
04-21-95 - Did not remain in his vehicle, harassed me. threatened me, pushed me';Ifcared my
youngest son, harrassed my daughter.
05-16-95 - Did not remain in his vehicle, harrassed me by calling me names, kept beating
on the door yelling.
07-07-95 - Did not remain in his vehicle, threatening me, harrassing me, grabbed me by the
right shoulder, pointing his finger in mY,face. Kicked my door causing damage
to my house. Scared my son by driving very fast down the road then he punched
his steering wheel.
, (Continued on the back.)
all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly,
or in violation of and of the Act of
(S<<ti0ll) (Sub._Ion)
or the Ordinance of
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(3) I ask that a warrant of arrest or a summons be issued and that the accused be required to nnswer the charges
I have made.
(4) I veriCy that the facts set Corth in this complaint are (rue and correct to the best oC my knowledge or inCormation
and belieC. This verification is made subject to thc penallies oC Sectioll 4904 oC the Crimes Code (\8 Pa. C. S,
~ 4904) relating to unswom falsificatioll to :\lItharilics.
AUl/:ust 23.
, 19 95
l.L.
AND NOW, on this date . 19 __, I certif)' the complaint has been properly completed and
verified, and thaI there is probable cause for issu:lI1cc of prnccss.
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07~09-95
07-21-95
Did not remain in his vehicle, Harassed me by calling me names in front
of my children.
Did not remain in his vehicle, harassed me by calling me names. stepping
in front of me every time I would take a step to go back inside causing
me to be afraid, Kicked my door. scared my children by acting this way,
Did not remain in his vehicle, harassed me by calling me names
Did not remain in his vehicle. harassed my daughter. punched a dent in
my aluminum siding on my house. causing demage to my property.
08-06-95
08-18-95
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-11.JOCIVIL TERM
Lorene L. Weaver,
Plaintiff
Kenneth E. Weaver,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
PROTECTION ORDER
.
AND NOW, this 13 t day of April, 1995, upon consideration
of the Consent Agreement of the parties, the following Order is
entered:
1. The defendant, Kenneth E. Weaver, is enjoined from
physically abusing the plaintiff, Lorene L. Weaver, and from
placing her in fear of abuse.
2. The defendant is enjoined 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,
3, The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives and her minor children.
4, The defendant is prohibited from entering the
plaintiff's place of employment and the schools of her minor
children other than the parties' child, Dustin's school.
5, The defendant is prohibited from removing, damaging,
destroy tug or selling any property owned by the plaintiff or
jointly owned by the parties.
6, While this agreement shall not be construed as a
property settlement, the defendant may remove his personal
belongings from the residence at 3703 Enola Road, Newville,
Cumberland County, Pennsylvania, at a time mutually agreed upon
by the parties, The defendant will only remove the items marked
with an asterisk on the attached Exhibit A,
7. The defendant is excluded from the plaintiff's
residence located at 3703 Enola Road, Newville, Cumberland
County, Pennsylvania, except for the limited purpose of
transferring custody during which times the defendant shall
remain in his vehicle.
8, The defendant is ordered to stay away from any
residence the plaintiff may in the future establish for herself
except for the limited purpose of transferring custody during
which times the defendant shall remain in his vehicle.
9. This Order shall remain in effect for a period of one
year or 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 ~ct of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
10. This Order may subject the defendant to: i) arrest
under 23 Pat C,S, ~6113; ii) a private criminal complaint under
23 Pa, e.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 Pn. C,S. ~6114.1. Resumption of co-residence on the
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purpose of facilitating custody arrangements.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives, or her
minor children,
The defendant is enjoined from entering the plaintiff's
place of employment or the schools of the minor children.
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 plaiutiff 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.
Temporary custody of Dustin Weaver is hereby awarded to the
plaintiff, Lorene L. Weaver.
This Order shall remain in effect until modified or
terminated by the court after notice or hearing, A hearing shall
be held on this matter on the /j~ day of April, 1996, at
~CO p,m" in Courtroom No,~, 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 Pennsylvania State, North Middleton Township and the
Carlisle Police Departments 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 issued the order, When that court is
unavailable, the defendant shall be taken before the appropriate
district justice, (23 P.S, g 6113),
By the Court,
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. ~~jge' A.
Lorene L. Weaver,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-
CIVIL TERM
Kenneth E. Weaver,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
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.
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 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 telephone the office set
forth below to find out where you can get legal help.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72
hours prior to any hearing or business before the court, You must
attend the scheduled conference or hearing,
Lorene L. Weaver,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 95-
CIVIL TERM
Kenneth E. Weaver,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
PETITION FOR PROTECTION ORDBR
AND CUSTODY
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT, 23 P.S. 6 6101 et seg.
A. ABUSE
1. The plaintiff, Lorene L. Weaver, is an adult individual
residing at 3703 Enola road, Newville, Cumberland County,
Pennsylvania 17241.
2. The defendant, Kenneth E. Weaver, is an adult
individual whose present residence is unknown to the plaintiff.
3. The defendant is the plaintiff's husband.
4. Since approximately 1988, the defendant has attempted
to cause and has intentionally, knowingly, or recklessly caused
bodily injury to the plaintiff, 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 circumstances which has 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 March 26, 1995, the defendant grabbed
1
the plaintiff by the throat with one hand, choked her
and threatened to kill her. The defendant then knocked
everything off of a counter causing the plaintiff to
fear for her safety. The defendant backed the
plaintiff up against a kitchen counter, bent her over
backwards, and choked her. The defendant left the room
and returned several times over a period of
approximately two hours. During this time, the
defendant choked the plaintiff several times, grabbed
her by her shirt, and forcefully grabbed her in the
chest causing bruises. At one point, the defendant
went to his gun cabinet and took out his 22 pistol and
boxes of ammunition. He came over to the plaintiff
with the gun still in the holster and held the pistol
to the plaintiff's head threatening her saying, "Bang.
That's what I'm gonna do to you, bitch."
At one point when the defendant went outside, the
plaintiff dialed 911, but had to hang up because the
defendant came back in the house. When 911 called back
and didn't get a response, the Pennsylvania State
Police came to the residence but only talked to the
defendant while he was outside. The defendant came
into the house, packed some belongings, and left the
residence.
2
About twenty minutes later, the defendant
returned, demanded some money, choked the plaintiff
again, and threatened her saying, "I know you're gonna
get a PFA Order but that's not gonna keep me from
getting you," causing the plaintiff to fear for her
life.
b. Since approximately 1988, the defendant has on
several different occasions, shoved the plaintiff,
grabbed, restrained, and choked her, threatened to blow
her head off, thrown objects at her, and kicked a
bedroom door breaking the frame doors to get to her.
5. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
should she remain in the home without the defendant's exclusion
and that she is in need of protection from such abuse.
6. 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 written
communications, except for the limited purpose of facilitating
custody arrangements.
7. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives, or her minor children.
8. The plaintiff desires that the defendant be restrained
from entering her place of employment or the schools of her minor
3
The child was born out of wedlock.
The child is presently in the custody of the plaintiff,
Pennsylvania.
Lorene L. Weaver, who resides at 3703 Enola Road, Newville,
During the past five years, the child has resided with the
following persons and at the following addresses:
Name
Plaintiff, defendant,
Camisha and Stephen
Hockenberry
(plaintiff's children)
Plaintiff, Camisha
and Stephen Hockenberry
Plaintiff, defendant,
Camisha and Stephen
Hockenberry
Plaintiff, Camisha
and Stephen Hockenberry
Addresses
Dates
3703 Enola Rd. 12/23/89
Newville, PA to 10/94
3703 Enola Rd. 10/94 to
Newville, PA 2/95
3703 Enola Rd. 2/95 to
Newville, PA 3/26/95
3703 Enola Rd. 3/26/95 to
Newville, PA present
The plaintiff, the mother of the child, is currently
Pennsylvania.
She is married.
residing at 3703 Enola Road, Newville, Cumberland County,
The plaintiff currently resides with the following persons:
~
Camisha Hockenberry
Stephen Hockenberry
Dustin Weaver
Relationship
Daughter
Son
Son
The defendant, the father of the child, whose current
whereabouts is unknown to the plaintiff.
5
He is married.
15. The plaintiff has not previously participated in any
litigation concerning custody of the above 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 visitation rights with respect to the child.
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.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 P.S. 6 6101 ~ ~., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the
6
"Protection from Abuse Act:"
1. 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 facilitate
custody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives and her minor
children.
4. Prohibiting the defendant from entering the
plaintiff's place of employment and the schools or
of her minor children.
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
3703 EnnlA RnArl, Np.wville, Cumberland County,
Pennsylvania, to the plaintiff to the exclusion of
the defendant pending a final order in this
matter.
7
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.
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 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 facilitate
custody arrangements.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives and her minor
children.
4. Prohibiting the defendant from entering the
plaintiff's place of employment and the schools of
her minor children.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
8
owned by the parties or owned solely by the
plaintiff.
6. Granting possession of the home located at
3703 Enola Road, Newville, Cumberland County,
Pennsylvania, to the plaintiff to the exclusion of
the defendant.
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future
establish for herself.
8. 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 Pennsylvania State
Police, North Middleton Township, and Carlisle Police Departments
who have jurisdiction to enforce this Order.
The plaintiff prays for such other relief as may be just and
proper.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
19. The allegations of Count I above are incorporated
herein as if fully set forth.
20. The best interest and permanent welfare of the minor
9
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property settlemcnt, the defendant may remove his personal
belongings from the residence at 3703 Enola Road, Newville,
Cumberland County, Pennsylvania, at a time mutually agreed upon
by the parties. The defendant will only remove the items marked
with an asterisk on the attached Exhibit A.
7. The defendant is excluded from the plaintiff's
residence located at 3703 Enola Road, Newville, Cumberland
County, Pennsylvania, except for the limited purpose of
transferring custody during which times the defendant shall
remain in his vehicle.
8. The defendant is ordered to stay away from any
residence the plaintiff may in the future establish for herself
except for the limited purpose of transferring custody during
which times the defcndant shall remain in his vehicle.
9. This Order shall remain in effect for a period of one
year or 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.
10. 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
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5. The mother and father, by mutual agreement, may vary
from this schedule at any time.
6. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
child is in that parent's care.
7. The parties realize that their child's well being is
paramount to any differences they might have between themselves.
Therefore, they agree that neither party shall do anything which
may estrange the child from the other parent, or injure the
opinion of the child as to the other parent or which may hamper
the free and natural development of the child's love or respect
for the other parent.on dates and at timeq mutually agreed upon
by the parties.
By the Court,
l(~ (!)
J 0 Wesley Oler(
~PR 13 ~ 1i8 PH 195
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Lorene L. Weaver,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-/730 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
Kenneth E. Weaver,
Defendant
CONSENT AGREEMENT
rI'-'"
This Agreement is entered on this /~ day of April, 1995,
by the plaintiff, Lorene L. Weaver, and the defendant, Kenneth E.
Weaver. The parties agree that the following may be entered as
an Order of Court.
1. The defendant, Kenneth E. Weaver, agrees to refrain
from abusing the plaintiff, Lorene L. Weaver, and placing her in
fear of abuse. The defendant specifically denies the allegations
made by the plaintiff in her pleading.
2. The defendant agrees not to have 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 agrees not to harass and stalk the
plaintiff and harass the plaintiff's relatives and her minor
children.
4. The defendant agrees not to enter the plaintiff's place
of employment or the schools of her minor children other than the
parties' child, Dustin's school.
5. The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff or jointly owned by the
parties.
6. While this agreement shall not be construed as a
property settlement, the defendant may remove his personal
belongings from the residence at 3703 Enola Road, Newville,
Cumberland County, Pennsylvania, at a time mutually agreed upon
by the parties. The defendant agrees that he will only remove
the items marked with an asterisk on the attached Exhibit A.
7. The defendant agrees to stay away from the plaintiff's
residence located at 3703 Enola Road, Newville, Cumberland
County, Pennsylvania, except for the limited purpose of
transferring custody.
8. The defendant agrees to stay away from any residence
the plaintiff may in the future establish for herself, except for
the limited purpose of transferring custody.
9. The defendant, although entering into this Agreement,
does not admit and does deny the allegations made in the
Petition.
10. 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 another act of abuse or has
engaged in a pattern or practice 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.
11. Violation of the Protection 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.
12. The defendant and the plaintiff agree to the entry of
an Order providing for the following custody schedule for their
child, Dustin Weaver.
a. The parties shall share legal custody of the
child.
b. The mother shall have primary physical custody of
the child.
c. The father shall have partial custody of the child
every other weekend from Friday at 6:00 p.m. until
Sunday at 6:00 p.m. beginning April 21, 1995. The
parties agree that the father's 25' camper is adeguate
for his custody periods if it is appropriately heated.
d. The father shall have custody of the child from
2:00 p.m. until 8:00 p.m. on the following holidays:
Easter, Memorial Day, the Fourth of July, Labor Day,
Thanksgiving, and Christmas. If a holiday falls on a
weekend when the father has custody of the child, the
mother shall have the child from evening before the
holiday at 8:00 p.m. until the holiday at 2:00 p.m. In
1995, the father shall have the child from Friday
evening, April 14, at 6:00 p.m. until Saturday evening
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SHERIFF'S RETURN
CASE NO: 1995-01730 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEAVER LORENE L
VS.
WEAVER KENNETH E
R. Thomas Kline
to law, says, that he made
named defendant, to wit:
. Sheriff, who being duly sworn according
diligent search and inquiry for the within
WEAVER KENNETH E
but was unable to locate
deputized the sheriff of
to serve the within
Him in his bailiwick. He therefore
PERRY County, Pennsylvania.
PROTECTION FROM ABUSE
On Aoril
11th, 1995
this office vas in receipt of
County, Pennsylvania.
the attached return from
PERRY
Sheriff's Costs:
Docketing
Out of County
Surcharge
18.00
.00
.00
So answers:.
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H. omas KL1ne, ~her1%%
S18.eJeJ
00/00/0000
Sworn and subscribed to before me
"'-
this I ~ - day of a,.> 'p
19 9'1' A. D.
ell" - Q. )'I1-ef' ~f4t.J'0
Protnono ary I
Ii': Tne Court cr
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Psnr:syl'l::ni::::
Lorene L. Weaver
Kenneth E. Weaver
'is.
~o.
95-1730 Civil Term
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~ow, April 05. 1995
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h=by c..:;u= t!:: Sh==.:r ai
Perry
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au:ty :0 ==:-.1:.: =:s , :::,
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April 7
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Kenneth E. Weaver
u Perry Co. Sheriff's Dept.. New Bloomfield. PA l7068
-. =~ d!!'t":.a
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Kenneth E. Weaver
3. true and attested
c:cv' ot ::: o:=.::"'.'-..r
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him
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== ::.:s )11. c!.1.y oi If"l' , I
COSTS
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Sheriff's Return
COMMONWEALTH 010' l'ENNSYLVANIA
COUNTY OF PERRY
Lorene L. Weaver
In the Court of Common Pleaa of
County,
Pennaylvanla.
VS
Kenneth E. Weaver
No. 95-l730
George W. Frownfelter. Sheriff. who beina duly sworn uccnrdinll to law. 8aya that he made a
dl1laent search and Inquiry for the within named defendant to wit: Kenneth E. Weaver
but was unable to locate
him
In hia bulllwick. He therefore retuma the Court Order &
"NOT FOUND", a8 to the within named defendant,
Petition
Kenneth E. Weaver
Shorlff'a coata:
So anawel'll,
~w~: wof...,
Sheriff of Perry County
D&R
Serv
Copy
Mi
Aff
Sworn and aubacrlbed
me thu. , ,~
$,./'.t,,<
,
to before
day of
19 9.~ A.D.
_.4.- ~u_____
LORENE L. WEAVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
'V..
95-1730 CIVIL TERM
KENNETH E. WEAVER,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this ~day of August, 1995, this Court certifies
that the attached complaint has been properly completed and
verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, the defendant, KENNETH E. WEAVER, is directed to appear
for trial on the charge of Indirect Criminal Contempt before the
Court on the 8t.b- day of~flTo~ , 1995 at R.'2.e o'clock
~ .m. in Courtroom * ~ of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defend&nt fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
KENNETH E. WEAVER
h / fl. l.v, A " (j)~lu. (;)
.j . 'welley olef, Jr. J.
TIWE COpy FROM RECORD
IA Testimony whereof, I here unto set my hand
lIf1d the seal of said Court at Carlisle, Pa.
1m. ...iC.~..... ddY of.~~.., 19..!?,(
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Prothonotllry .
Thomas A. Placey, Esquire
Senior Assistant District Attorney
LORENE L. WEAVER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
V.
.. .
.
:'95-1730 CIVIL TERM
KENNETH E. WEAVER,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this day of August, 1995, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant,
KENNETH E. WEAVER.
If the defendant is found during normal Courthouse hours,
the defendant is to be brought immediately before the Court. If
not found during Courthouse hours, the defendant is to be taken
to the on-call District Justice and bail set pursuant to the
Rules of Criminal Procedure. Furthermore, after appearing before
the District Justice the defendant is advised to appear before
the Court Administrator at the open of the next business day.
Defendant has a right to be represented by an attorney. If
the defendant cannot afford an attorney, upon request one will be
assigned to represent the defendant. The assessment of costs to
be determined by the Trial Judge subsequent to trial.
By the Court,
J. Wesley Oler, Jr.
J.
Thomas A. Placey
Senior Assistant District Attorney
KENNETH E. WEAVER
LORENE L. WEAVER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
. ,
'.
95-1730 CIVIL TERM.
KENNETH E. WEAVER,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Thomas A. Placey, Senior Assistant District Attorney of
Cumberland County, Pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal Contempt:
I. A protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim requests the filing of an Indirect Criminal
Contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a trial on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaintiff and the defendant may seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. 56117.
WHEREFORE, the Commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal Contempt.
Respectf
Th
Se
District Attorney
CRIMINAL COMPlAINT
(PRIVATE)
COMPUUNT NUr.l~''!. i:f;; ..'. :oN! ~'f/.:f!I')W
. '.;' ~~." l.~f; . ....'.~:_l.., ~ll-o'Y.'~;'
Complaint Numbers if Other Participilnts
'COURT or COMMON PLEAS or
CUMBERLA~O COU~lY
I~DIRECT CRIMINAL CONTEMPT
'"
I,
(Imwo"tr)
Lorene Weaver
(Nomt of Affiant)
(Sit/WIlli")
NAME
of
(lden/I/1' dqJDn",~nl or tJ~n(J' "preMnlh/ and poIitI(ol JlIbdirision)
residing at 3703 Enola Rd Newville. PA 17241
do hereby stale:
I accuse thc above named defendant. who lives at the address set Corlh above or.
1 accuse an individual whose name is unknown to me but who is described as
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o his nickname or popular designation is unknown to me and. thereCore, 1 have designated him herein as John
Doe; with violating the penal laws of the Commonwealth of Pennsylvania al 3703 Enola Rd.
Newville. PA (/'/oa.PolitiCiJ/ Subdi,~lonJ
Lower Frankford Two. in Cumberland County on or about 4-15-95 throuRh 08-18-95
Participants were ((/th~rr ~n panlclpanu. piau Iheir namo hu~. upMling Utt nontt of abol't dqtndanl):
(2) The acts committed by the accused were: @ 0 I 0 V I OLATE A PROTECTI ON FROM ABUSE ORDER
DATED: ADril 13. 1995 AT DOCKET NUMBER 95-1730
IN THAT DEFENDANT DID THE FOLLOWING ACTS IN VIOLATION OF THE ORDER:
04-15-95 - Did not remain in his vehicle', harassed me by calling me names.
04-21-95 - Did not remain in hiB vehicle, harassed me, threatened me, pushed me';scared my
youngest son, harrassed my daughter.
05-16-95 - Did not remain in his vehicle,. harrassed me by calling me names, kept beating
on the door yelling.
07-07-95 - Did not remain in his vehicle, threatening me, harrassing me, grabbed me by the
right shoulder, pointing his finger in my face. Kicked my door causing damage
to my house. Seared my son by driving very fast down the road then he punched
his steering wheel.
, (Contiuued on the back.)
all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the N:t of Assembly.
or in violation of and of the .Act of
(S<<I/onJ (Sub'J<<I/4nJ
or the Ordinance of
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(3) I ask that a warrant of arrest or a summons be issued and that the accused be required to answer the charges
I have made.
(4) I verify that the facts set Corth in this complaint are true and correct to the best of my knowledge or inConnation
and beli.r This verification is made subjcct to the penalties of Section 4904 of the Crimes Code (18 Pa C. S,
~ 4904) relating to unswom Calsification to 'IUthorities. q1
AUllust 23. .19 2L- ~ jtJiiJ'L1- (j)';{JJJV\
(Sigfl4t,," of Complainant r
AND NOW, 011 this date . 19 _' 1 certify the complailll has bcell properly completed and
verified, alld Ihat there is probable cause Cor issuancc of proccss.
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(SEAL)
Lorene L. Weav.r.
Plaintiff
"
IN THE COURT OF COMMON PLEAS OF
CUMB~RLAND C6UNTY, bENNSYLVANIA
NO. 95-I'l.y)CIVIl, TERM
"
v.
Kenneth E. Weaver,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
PROTECTION ORDER
AND NOW, this
..
"
I;;. I.. day of April, 1995, upon consideration
of the Consent Agreement of the parties, the foliowing Order is
entered:
1. The defendant, Kenneth E. Weaver, is enjoined from
physically abusing the plaintiff, Lorene L. Weaver, and from
placing her in fear of abuse.
2. The defendant is enjoined 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.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives and her minor children.
4. The defendant is prohibited from entering the
plaintiff's place of employment and the schools of her minor
children other than the parties' child, Dustin's school.
5. The defendant is prohibited from removing, damaging,
destroylug or selling any property owned by the plaintiff or
jointly owned by the parties.
6. While this agreement shall not be construed as a
{"
property settlement, the defendant may remove his personal
belongings' from .the residence ~t 3703 Enola'Road, Newvill~;,
.
"
Cumberland County, Pennsylvania, at a time mutually agreed upon
by the parties. The defendant will only remove the items marked
with an asterisk on the attached Exhibit A.
7. The defendant is excluded from the plaintiff's
residence located at 3703 Enola Road, Newville, Cumberland
County, Pennsylvania, except for the limited purpose of
transferring custody during which times the defendant shall
remain in his vehicle.
8. The defendant is ordered to stay away from any
residence the plaintiff may in the future establish for herself
except for the limited purpose of transferring custody during
which times the defendant shall remain in his vehicle.
9. This Order shall remain in effect for a period of one
year or 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 anothe~ act of abuse or has
engaged in a pattern or practice that indicates continued risk of
harm to the plaintiff.
10. 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 Pn. C.S. 66114.1. Resumption of co-residence on the
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 1730 CIVIL 1995
LORENE L. WEAVER,
Plaintiff/Respondent
KENNETH E, WEAVER,
DefendanUPetitioner
CIVIL ACTION-LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this _ day of
, 2001, upon review of the within
Petition For Contempt filed by the DefendanUPetitioner, Kenneth E. Weaver, a rule is
hereby issued upon the Plaintiff/Respondent, Lorene L. Weaver, to show cause why
the relief requested in the Petition should not be granted,
This rule is returnable at a hearing scheduled for
, the_day of
, 2001 at_ a,m.lp.m. in Courtroom No. _ of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
J, Wesley Oler, Jr" J.
~c er;or
Ca'\cAU~
VERIFICATION
I verify that the statements made in the foregoing
Pe~i~ion For Con~emp~ are true and correct. I understand that
false statements herein are made subject to the penalties of 18
Pa. C.S. ~ 4904, relating to unsworn falsification to
authorities.
~dJ~
Kenneth E. Weaver
DATED:
~ -). I -0 {
. ..
Lorene L. Weaver,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- 1730CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
Kenneth E. Weaver,
Defendant
AND NOW, th is _I ~ il,
CUSTODY ORDER
day of April, 1995, upon consideration
of the parties' Consent Agreement, the following Order is entered
with regard to custody of the parties' child, Dustin Weaver.
1. The parties shall share legal custody of the child.
2. The plaintiff, hereinafter referred to as the mother,
shall have primary physical custody of the child.
3. The defendant, hereinafter referred to as the !ather,
shall have partial custody of the child every other weekend from
Friday at 6:00 p.m. until Sunday at 6:00 p.m. beginning April 21,
1995. The father's 25' camper is adeguate housing for his child
as long as it is appropriately heated.
4. The father shall have custody of the child from 2:00
p.m. until 8:00 p.m. on the following holidays: Easter, Memorial
Day, the Fourth of July, Labor Day, Thanksgiving, and Christmas.
If a holiday falls on a weekend when the father has custody of
the child, the mother shall have the child from evening before
the holiday at 8:00 p.m. until the holiday at 2:00 p.m. In 1995,
the father shall have the child from Friday evening, April 14, at
6:00 p.m. until Saturday evening at 8:00 p.m., and the mother
shall have the child from Saturday at 8:00 p.m. through Easter
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