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HomeMy WebLinkAbout96-01297 c- a- ~ =~ ~' , ~ ~ // ./ ./ I , , <'l ~ 3 {JI N !: III N :J :: -< Q ~ t; " z z -< ~ ~ ; ~ o.l ...j >- >- ~ ~ en ..l " z z z r.l III :: d ~ :.J S ~ ,; :: :E 0 OJ' ~ :: ~ ~ " 0 ~ :It III .. .' that Mr. Rosenzweig will provid" d ~omfortable and ser'lre hame for herself and the children, that shu will be able to advance her lntended career as a teacher, and because she believes Mr. Rosenzweig wlll properly care far the children emotionally dS well as financially. 6. Denied. Defendant's reasons far moving to New York are set forth abave. Thase reasans are all genuine, valid, and centered upon the best interests af her children as well as herself. 7. Denled. Defendant has a compelling reason ta move ta New Yark, as set farth above. The best interests of the children will be served by maving with Defendant to her new home with Mr. Rosenzweig. By way af Ifurther answer, Defendant submits the following additianal infarmatian: A. The Plaintiff is not a proper party to have primary physical custody of the children because he has physically and verbally abused them and the Defendant in the past. B. The Plaintiff has not demanstrated a genuine commitment to ar interest in the children since the separatian. Far example, he had visitation or temparary custody of the children anly six times in calendar year 1995, including a ane week vacation and only ane avernight visit. C. The children have very rare and irregular ~ontact nat anly with Plaintiff but with Plaintiff's family. Ta Defendant's best knowledge. the children have seen Plaintiff's parents and other family members anly ane time since the Plaintiff and Defendant separated in the summer of 1993. D. Defendant has provided the primary persanal and emational support far the children since the separation, has . .. .,.... i ! , ~ ~ , 'I 'l- i~ .t ~ . .::::. ~, ") ~.') ~ ' v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO, ",_ n,/I L<<J 7~.-, SAMUEL E. BRANDT. JR, Plaint if f SHARON L. BRANDT Defendant CIVIL ACTION - LAW CUSTODY BMBRGBNCY COMPLAINT FOR CUSTODY AND NON. comes Plaintiff. Samuel E. Brandt. by and thraugh his attarney. James W. Abraham. Esq., Abraham Law offices, Harrisburg, Pennsylvania, and files the following: 1. Plaintiff. Samuel E. Brandt. Jr., is an adult individual who currently resides at 40 peany Avenue, Apt. 1, Middletown. Pennsylvania. 2. Defendant, Sharon L. Brandt, is an adult individual who currently resides 1481 Cockley's Meadow, Boiling Springs, CUmberland County, pennalvania. 3. Plaintiff and Defendant are the natural parents of the following minar children: Lindsey raige Brandt, born September 24, 1984 and Stacey May Brandt, born December 14. 1983. 4, Plaintiff and Defendant were divarced an or about July 6. 1995, at which time the parties agreed, pursuant to the Marital Settlement Agreement incarparated therein, that Defendant would have primary physical custody, and Defendant rights of partial custody. 5. On March 11. 1996. Defendant infarmed Plaintiff that she was permanently maving to New York state. and that she was moving the next day ar so. in order to "start a new life," 6. Plaintiff believes and therefore avers that Defendant plans on maving in with her current bayfriend, which is the sale reason for her departure fram Pennsylvania, 7, Plaintiff submits that Defendant lacks a compelling reason for her departure and intention of permanently moving to New York state, and that the best interests of the children would be best served by said children remaining with Plaintiff, and not accampanying Defendant to New Yark. 8. Plaintiff, in the Marital Settlement Agreement, waived his equitable rights ta the former marital residence, and transferred sole title to Defendant, for the specific purpose of ensuring that his children would be able ta reside at said residence, camplete their schooling and so that they would be in close proximity to Plaintiff for purposes of visitation. 9. The emergency and exigent circumstance~ hereto are a result of Defendant's immediate plans ta permanently leave the State of Pennsyvlania and reside in New York, withaut sufficient notice to Plaintiff and with na compelling reason, and to which Plaintiff submits will severely jeopardize his partial custody rights; and said relocation wauld remove the children from their current school in Camp Hill, priar to the end of the school year, to which Plaintiff strangly objects. Further, Defendant does not have primary legal custady and has arbitrarily and unilaterrally enralled the children in a schaal in New Yark state without any consultatian with Plaintiff. " 10. Plaintiff submits that the best interests of the children will be served by granting Plaintiff primary physical custady, and visitatian to Defendant, WHBRBPORB, Plaintiff requests Your Honorable Court to grant Plaintiff the following relief: 1, Order that Defendant shall not remove the children from the State of Pennsylvania until a custody conciliation hearing is held; 2. In the event that Defendant wishes to move or moves ta New York, that Plaintiff be granted primary physical custody pending the conciliatian conference. 3. Order a custody conciliation conference as soon as possible. Respectfully submitted: J~ James W. Abraham, Esq. Abraham Law Offices 122 Locust St. Harrisburg, PA 17101 Attorney for Plaintiff (717) 232-7825 I.D, No. 46352 DATE: 3/11/96 CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, do hereby certify that I have served a true and correct copy, of the foregoing document, by telefax and first class mail, postage prepaid, upon the fol1awing person(s), on the date indicated below: Samuel L, Andes, Esq. 525 North Twelfth St. Lemoyne, PA 17043 DATH: 3/11/96 J4/h- JAMBS W. ABRAHAM, ESQ. if SAMUEL E. BRANDT, JR., Plaintiff vs. ) ) ) ) ) I ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1297 CIVIL TERM SHARON BRANDT, Defendant CUSTODY ORDER OF COURT AND NOW this 5./) t' day of (), "i~: . , 1996, having not heard from the parties for some time, the undel'signed Conciliator assumes the matter has been resolved and hereby relinquishes jurisdiction of the case, If either of the parties wishes furthor proceedings in this action, they should petition the Court anew, FOR THE COURT, V('~ ') (1 'J /~. /1.\.( l-:._ J ! ~,/ / MICHAEL L. BANG Custody Conciliatol\. cc: James W. Abraham, Esquire Samuel L. Andes, Esquire