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Home My WebLink About95-06430 ,~. ~~y")5-;~" ;'- c_-; !W1;~;lj;~" ) 1"..,...= . '" .'_l ~-:: - "' " , Ii;:'...; '101' i;':.. -,.~ . '. '~;',~- "\11 ,..... "T_V.:'. . i. TINA M. DURST, IN THE COURT OF COMMON PLEAS OF Plaintiff v, CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-~~3u CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY WARREN c. WAGNER, III, Defendant TIM,n...y ,aOTaCTIOM OaDIR AND NOW, this ~ day of November, 1995, upon pre.entation and oonsideration of the within Petition, and upon finding that the plaintiff, TINA M. DURST, now residing at 108 Seoond street, West Fairview, Cumberland county, Pennsylvania, is in immediate and present danger of abuse from the defendant, WARREN C. WAGNER, the following Temporary Order is entered. The defendant, WARREN C. WAGNER, III, SSN,UNKNOWN and ooBI12/17/65, now residing at an unknown address, is hereby enjoined from physioally abusing the plaintiff, TINA M. DURST, or plaoing her in fear of abuse, The defendant is exoluded from the plaintiff's residenoe located at 108 Second street, West Fairview, Cumberland county, Pennsylvania, a residence which is leased solely by the plaintiff. The defendant is ordered to refrain from having any direct or indirect contaot 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. 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 by the plaintiff. . violatioD of tbis order aa, sUbjeot tbe defeDdaDt tOI i) arrest UDder II 'a,C.I, '111'1 ii) a private orimiDel ooaplaiDt UDder II 'a.C.I. 11111.11 iii) a obarve of iDdireot orimiDal oODteapt UDder II 'a,C,I. 1111., pUDisbable b, iapriso..eDt up to .iK aODtb. aDd a fiDe of '100,00-'1,000,001 aDd iv) oivil oODteapt UDder II 'a.C.I, ,111.,1. .eewaptioD of oo-resideDoe OD tbe part of tbe plaiDtiff aDd defeDdeDt sball Dot Dullify tbe provi.ioD. of tbe oourt order, This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that the defendant has coaaitted another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff, Temporary custody of MICHAEL A. WAGNER, is hereby awarded to the plaintiff, TINA M. DURST, A hearing shall be held on this matter on the ,Wit day of November, 1995, at !.!: ~'c! (l .m., in Courtroom No. !J- , 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'e 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 East pennsboro and West Fairview Township 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 i. 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 Pa,C,S. S 6113), By the court, TINA M. DURST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM WARREN C, WAGNER, III, Defendant PROTECTION FROM ABUSE AND CUSTODY . 0 TIC I You have been eued in court. If you wish to defend against the clai.. .et forth in the following pages, you must take action promptly aft.r this P.tition, Order and Notice are served, by appearing p.r.onally or by attorney at the hearing scheduled by the Court and pre.enting to the Court your defenees or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proce.d 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 10.. .oney or property or other rights important to you. .... aMD co.~. If the ca.e goes to hearing and the judge grants a Protection order, a .urcharge of $25.00 will be assessed against you. You may al.o be required to pay attorney fees to Legal Services, Ino. for their repre.entation of the plaintiff. You .hould take thie p.per to Jour lawyer .t onoe, If JOu do not have a lawyer or aannot afford one, qo to or telephone the offiae .et forth below to find out where JOu oan qet leqal belp, 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 acoessible 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 muet attend the soheduled conference or hearing, TINA M, DURST, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM WARREN C. WAGNER, III, Defendant PROTECTION FROM ABUSE AND CUSTODY PaTIllO. WaR 'ROTICTIO. ORDIR un CU.TODY RILIIW UMDIR IBI 'ROT.CTIO. WRO. ABU.. ACT, 13 Pa,C,.. I .101 et .eq, A, ABU.. 1. The plaintiff, TINA M. DURST, is an adult individual re.iding at 108 Second street, West Fairview, Cumberland county, Penn.ylvania 17025, 2. The defendant, WARREN C, WAGNER, III, SSN:UNKNOWN and 008'12/17/65, ie an adult individual residing at an unknown .ddr.... 3. The defendant is the plaintiff's former intimate partner. 5, since approximately 1991, the defendant has attempted to cau.e and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in r...on.ble 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 have placed the pl.intiff in reaeonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: \ ~. a. On or about october 28, 1995, the defendant pulled the plaintiff onto her back, straddled her and said, "My old lady haen't elept with me in awhUe and one way or another you are going to." When the plaintiff tried to get aw~y, the defendant became enraged and punched the floor with his fiet directly beside the plaintiff's body. Several days after this incident, the defendant threatened to beat the "fuck" out of the plaintiff, causing her to fear for her safety and leave her residence. b. In or around october 1995, approximatelY three to four times a week, the defendant screamed at the plaintiff, rai.ed his fiat as if to punch her, and threatened her aaying, "I should punch you in the head." c, In or around June 1995, the defendant grabbed the plaintiff by the throat and alammsd her against the wall, Ths defendant then went outside and punched a tree in the yard five timea, causing the plaintiff to fear for her .afety. d. since 1991, apprOXimately once a month, the defendant abused the plaintiff in ways inclUding, but not limited to, the following I grabbing the plaintiff by the throat, slamming the plaintiff'S head against a wall, punching the plaintiff, raising his fist in a threatening manner, and screaming at the plaintiff, 5, The plaintiff believes and therefore avers that she is in i..ediete and preeent danger of abuee from the defendant and that ehe is in need of protection from such abuse. &, The plaintiff deeires that the defendant be prohibited froa having any direct or indirect contact with the plaintiff inClUding, but not limited to, telephone and written couunications, 7, The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives, 8. The plaintiff desires that the defendant be restrained fro. entering her place of employment. 9, The plaintiff desire. that the defendant be enjoined fro. reaoving, daaaging, destroying or selling any property owned by the plaintiff. .. ..OLDalV. .08....1011 10, The apartment from which the plaintiff is aeking the Court to exclude the defendant is rented in the naae of the plaintiff. a, &'I"1'O".Y .... 11. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal service., 1nc, D. Tlllpn..ey aU.TODY 12. The plaintiff seeks temporary custody of the following child I .... .r...at ...id.ao. Au Michael Waqn.r 108 Second stre.t 3 yra, West Fairview, PA The child wa. born out of wedlock. The child is presently in the custody of the plaintiff who r..ides at 108 Second Street, West Fairview, penn.ylvania, Durinq the child'. lifetime, the child has re.ided with the followinq p.r.on. and at the followinq addresse.l 108 Second Street West Fairview, PA 108 Second Street We.t Fairview, PA The mother of the child is TINA DURST, currently residinq at ;i:lntiff . plaintiff'. fa.ily plaintiff, d.fendant, . plaintiff'. dauqhter plaintiff, d.f.ndant, d.f.ndant'. .i.t.r . chlldran plaintiff, defendant . plaintiff'. dauqhter plaintiff . daughter ..tltlr..... 105 Verbeke Street Enola, PA 45 S, Main Street Mary.ville, PA 45 S. Main Street Mary.ville, PA oat.. 8/92 - 7/93 7/93 - 12/94 12/94 - 5/95 5/95 - 11/2/95 11/2/95 - present 108 Second street, We.t Fairview, PA, She i. .tngle. The plaintiff currently resides with the followinq per.on., liIu A.hley Wehel Michael Wagner Relation.hiD daughter son The father of the child i. Warren Wagner, III, currently residinq at 108 Second Street, West Fairview, PAt He is single, 13, The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 14, The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 15. The plaintiff does not know of any person not a party to this action who has physical custody of the child or claims to heve custody or visitation rights with respect to the child, 16, The best interests and permanent welfare of the minor child will be mst if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a fit parent who can best take care of the minor child. 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 frolll Abuse Aot" of October 7, 1976, 23 Pa.C,B, S 6101 .It aJUI" as alllended, the plaintiff praya 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 abuse1 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 .talking 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 plaintiff; 6. Granting possession of the apartment located at lOB second street, West Fairview, 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. 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 yearl 1. ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2, Orderinq the defendant to refrain from havinq any direct or indirect contact with the plaintiff inoludinq, but not limited to, telephone and written oommunications. 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 plaintiff. 6. Granting possession of the apartment located at lOB Second Street, West Fairview, Cumberland county, Pennsylvania, to the plaintiff to the exclueion of the defendant. 7, Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. Ordering the defendant to pay reasonable attorney fees to Legal Services, Inc. The plaintiff further aske that this Petition be filed and served without pre-payment of fees by the plaintiff, and that certified copies of thie Petition and order be delivered to the East Penneboro and West Fairview Township Police Departmente who have jurisdiction to enfcrce this Order. The plaintiff prays for such other relief as may be just and proper, eoUll'l' II CU.~ODY UKD" .....YLV..I. CU.~ODY LaW 17, The allegations of Count I above are incorporated herein as if fully set forth. 18, The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as .et forth in Paragraph 16 of the Petition, WHEREFORE, pur.uant to 23 Pa,C,S, S 5301 at aag., and other applicable rule. and law, the plaintiff pray. this Honorable court to award custody of the minor child to her, The plaintiff prays for such other relief as may be just and proper, Respectfully submitted, /() 'L(( lei U~Ja, (./ ( oan carey, Attor LIGaL ...Vlel., I 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 / plaintiff , "...._~,^ . "'.:. ~,' t ~ .,) I.~ ~ " .... ~ " .f ~ ' r " ~ ~:- _. ., :,111',[11 " Id' !,'HI \,\1 I ; 'I i Inllll", c ^~3r un: I '~'I' 1- l'll .1 j~: I '- 'HlMfillIiEMTli f ,} I IIHI' , I \' lit I J 1\: I, UIIIlT'( IIi' I ilMI'!hl Mil' ['IIlE,r 1111^ tl 'Il' 'I.). !iJ.l9NEB 1I,\151,EII,,' PI .'i! Ttl\"1ITI;Hi J.:lll)l,' " , ~dlf'J 11 f. \11\(' 1>1.-'1.1"lI1 dilly! W!JffljICC;L'l'dlliil to 1.)\1, ~t'lyriJ tltq. hie.' !!luII.) ~i dlitlH,'iit HL',ll;"f1 iilPf InquIry tOi ill.' "'Jih!!1 nal!1(:"d di.~lc'n~furit, t,ll ....1 t ; ,W~~,IH:" IIltIiI\11l ':, J J I bul \ion un;Jl:lt' t\} l''''dtl' }!lid in tll f: t., ill t 1 \i 1 t~ I.;. iff:, t !1prl' t ',11" depu t. 1 :~l,~; 1 I. !it :h'_"1 \ ! '}l I;) 1\" Y 111\Ifjty, t'PfHiP}'I\'dold. t I) r:: t? r v I,:: t tp \ \J t t hIll h",!!' Tj'''!'\W,'t1 AI'I!';! Un "t:1'!( I11b., 1 1 , . hi 1 , III , I l-t' \Od I " i'Plt,'! pI " I t hi;' " I I ;lr:hl",i I 'I \. I 11 I , 'JP' l'EIiI]'" "!1I1 1 \' l'I'Of)' )"1 'lilll J;l . ~:ht'111 J .~~ f \.!r-d -}:(i t 1 fn,j I hd " t "~'\ll> I r ;111,.tli-ll1l1' ,,"Ii \ Lf. i1\,'i \.",j''; '1 f j ~ \J I t~;; " ' < J' ~,:;~'",~<;" ~ r~1 ..:" r-f rr,r.- 'I"T-"" ~-' P.!,l}l; H~'L; 1.:111 ;".- / ....;,.J , . -::hl~"I-rTT- I ~i.~ .", <.';.-i; I. ~':\i') i fJ .Hi II ,.'; L' -, l !', '. " 1 , J f <!: 1', 1{ " '" 1 " ~ ~...t<v ~~~ 9,. ) It,,',., ~(7' . I, ' I',: '.,' .~A.~.;~ TINA M, DURST, IN THE COURT OF COMMON PLEAS OF plaintiff I 1 CUMBERLAND COUNTY, PENNSYLVANIA v, 1 I NO, 95-6430 CIVIL TERM WARREN C, WAGNF.R, III, Defendant PROTECTION FROM ABUSE AND CUSTODY D.D" 1'0. CDftlllUlUICI AND NOW, this ~,tL day of November, 1995, upon consideration of the attached Motion for continuance, the matter scheduled for hearing on November 20, 1995, at 2130 p,m. by this court's Order of Nove.ber 9, 1995, is hereby continued generally to afford the parties tille to execute a consent Agreement. This order is entered without prejudice to either party to request a hearing, The Tellporary protection order will remain in effect for a period of one year or until a final Order is entered in this case. certified copies of this Order for Continuance will be provided to the East Pennsboro and West Fairview Township police Departments by the plaintiff's attorney. By the court, J ; I, ~ ' ," I.. . ' II" f' ~ r { eLjol Sbl: " ,,' ,\ . , .. ... TINA M, DURST, 1 IN THE COURT OF COMMON PLEAS OF Plaintiff 1 CUMBERLAND COUNTY, PENNSYLVANIA v. 1 1 NO. 95-6430 CIVIL TERM WARREN C. WAGNER, III, 1 Defendant PROTECTION FROM ABUSE AND CUSTODY KOTIOM ro. CO~IIV"C. The plaintiff moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds thatl 1, A Temporary Protection Order was issued by this Court on Nove.ber 9, 1995, scheduling a hearing for November 20, 1995, at 2130 P,IlI, 2, The Cumberland County Sheriff's Department served the defendant with a certified copy of the Temporary Protection Order and Petition for Protection Order. 3, The defendant indicated to Legal Services, Inc. that he would enter into a Consent Agreement, 4. The plaintiff requests that a hearing be generally continued in this matter to afford the parties time to execute a Con.ent Agreement. 5, The plaintiff requests that the Temporary Protection Order remain in effect pending further Order of Court. 6. Certified copies of the Order for continuance will be delivered to the East Pennsboro and West Fairview Township Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the court grant this Motion and continue thie matter generally, and that the Temporary protection order remain in effect until further order of court, Respectfully submitted, V Gvo,.(./ J an carey, ttorney for plaint LIGAL ...Vlal., 1.0, 8 Irvine Row carlisle, PA 17013 (717) 243-9400 .-. 't "- ^- .. ,'_,_0.'__'.'._;' -~ .I.~ ~O'-c.:~~~_~~t'''"ltl)'~~~ , ........ ,'''' ,.",_ . ,,' ~Y:~,~;- . ',',. .~ In' ...:!:.~ ':C - - - ~@ I:R - ,. .<.'" .\.... f"'t" ~ \ ~.j"l ..' >"';' lI..... ..t \...., .;:JI- ()._ '.'-J' ~~t..'~~ -..J1.,:I: ". ;,..11,..1 t-';.t.11.. ,. ~1 .;u i ~ F :.c .", m N en .- N ... ~ . TINA M. DURST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6430 CIVIL TERM v. WARREN C. WAGNER, III, Defendant PROTECTION FROM ABUSE AND cUSTODY AND NOW, P.OT.OTIO. O.D.. this ~ day of December, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, WARREN C. WAGNER, III, SSN:UNKNOWN and DOBI12/17/65, is enjoined from physically abusing the plaintiff, TINA M. DURST, or 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. 4. The defendant is prohibited from entering the plaintiff's place of employment. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff. 6. The defendant is excluded from the plaintiff's residence located at 108 Second Street, West Fairview, Cumberland county, Pennsylvania, except for the limited purpose of \.-..--.~<-. '~o-~ or i\'\I:. rnoi'\iON01~ \)'j nH, ~ '" r~\ '31 '3u C\J~"\l8\'Jl\~O cQ\.li'ID' PtN\~S'/l.'iN'l'^ - . transferring custody. 7. The defendant is ordered to stay away from any re.idence the plaintiff may in the futurs establish for herself except for the limited purpose of transferring custody. 8. The court costs and fees are waived. 9. This Order shall remain in effect for a period of one yeer or until modified or terminated by the Court after notice or hearing and may be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abu.e or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 10. Thi. Order may subject the defendant tOI i) arrest under 23 Pa.C.S. 561131 ii) a private criminal complaint under 23 Pa.C.S. 56113.1/ iii) a charge of indireot criminal contempt under 23 Pa.C.S. 56114, 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. 56114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 11. The East Pennsboro and West Fairview Township Police Department. shall be provided with oertified copies of this Order by ths plaintiff's attorney and may enforce this Order by arrest for indirect criminal oontempt without warrant upon probable cau.e that this Order has been viOlated, whether or not the violation i. committed in the presencs cf a police officer. In the event that an arrest is made under this seotion, the . defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa. C.S. 5 6113). By the Court, TINA M. DURST, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6430 CIVIL TERM plaintiff v. WARREN C. WAGNER, III, Defendant 1 PROTECTION FROM ABUSE 1 AND CUSTODY CU8TODY ORD.. AND NOW, this ~ day of December, 1995, upon consideration of the parties' consent Agreement, the following Order is entered with regard to custody of the parties' child, MICHAEL WAGNER. 1. The plaintiff, hereinafter referred to as the mother, shall have primary physical and legal custody of the child. 2. The defendant, hereinafter referred to as the father, shall have partial custody of the child, every other weekend from Saturday morning until Sunday at 7100 p.m. The father will pick up the child at the home of Pete and Joetta Turner, 105 Verbeke street, Marysville. 3. Any other times which are mutually agreed upon by the parties. 4. This order shall remain in effect until either party petitions to have it changed. 5. The mother and father shall notify each other of all medical care the child receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 5. Neither party shall do anything which may estrange the TINA M. DURST, plaintiff IN THE COURT OF COMMON PLEAS OF 1 1 CUMBERLAND COUNTY, PENNSYLVANIA 1 I NO. 95-6430 CIVIL TERM 1 I PROTECTION FROM ABUSE 1 AND CUSTODY v. WARREN c. WAGNER, III, Defendant co.allllt' ..CI..1lll1111t' This Agreement is entered on this day of December, 1995, by the plaintiff, TINA M. DURST, and the defendant, WARREN C. WAGNER, III. The plaintiff is represented by Joan carey of LEGAL SERVICES, INC.l the defendant is unrepresented but is aware of his right to have an attorney. The partie. agree that the following may be entered as an Order of Court. 1. The defendant, WARREN C. WAGNER, agress to refrain from abusing the plaintiff, TINA DURST, or placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and 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. 4. The defendant agrees not to enter the plaintiff's place of employment. 5. The defendant agrees not to remove, damage, destroy, or ..ll any property owned by the plaintiff. 6. The defendant agrees to stay away from the plaintiff's residence lccated at 108 Second street, West Fairview, Cumberland county, Pennsylvania, except for the limited purpose of transferring custody. 7. The defendant agree I to stay away from any residence the plaintiff may in the future eltablish for herself, except for the limited purpose of transferring custody. 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant underltands that the Protection order entered in this matter shall be in effect for a period of one yeer 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 hara to the plaintiff. 10. The defendant understands that this Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 11. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, MICHAEL WAGNER. a. The mother shall have primary physical and legal custody of the child. b. The father shall have partial custody of the child everyother weekend from saturday morning until sunday at 7100 p.m. The father will pick up the child at the home of Pete and Joetta Turner, 105 Verbeke street, Marysville. c. Any other times which are mutually agreed upon by the parties. d. The mother and father agree that each shall notify the other of all medical care the child receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. e. 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. WHEREFORE, the parties request that a Protection Order and ,. custody Order be entered to reflect the above terms. /.. \) ~ >'t/~j , L-L/\ . Tina Durst, Plaintiff ~L"'V ~L(_~'/ ~an Carey .f/.. ttorney for aintiff LIGIL .I.VIC.., I_C. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 1 . . . / (: {~;-':. .'''''I'.#.A.. ..- .". 'A _ ,,~ Warren Wagner, ZP" , '. . ,,,f;i~_;~;_:Jftl~~Iti~~/rl~~'c,~,, . i ~- ......1'" . """:'t,,'_'_'e,-;.~~~ ;__~., .q.: \". "'''l .... :n - rl In ~ 'f ~ .. - g~ if G;J~ 4 - .-. ,') - iil@ I F ~ I.. Co m d , :~ \. .l j'; ~