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HomeMy WebLinkAbout00-04809 ~~ <~- ......"'...J" ~,' '_C', .' PSP NEWPORT , , . .....' 06/29 '00 19:28 NO..~~5__.92/06 Y:>r .. "0' . ". . t9{;oj - 4fCfj '-' ~ I ( Michele E. Brandt, Aricl L. Brandt, Courtney R. : IN THE COURT OF COMMON Bran(it., Caleb R. Brandt : PLEAS FOR THE 41ST : JtJDICIAL DISTRICT PERRY :COVNTY,PENNSYLVAN[A 717 567 3013 Plaintiff v, : No. 2000.438 Robert W. Brandt Jr. : CIVIL ACTION - LAW ; PROTECTION FROM : ABUSE J:)efendtmt FINAL ORDER OF COURT Defendant's Name is; Robert W. Brandt Jr. Defenclant's Date of Birth is: April 11, 1967 Defendant's Social Security Number is: 170-54-7036 Name(s) of Alll'rotected persons, including Plaintiff and minor children: > c g 3: 1, Michele E. Brallldt 2. Ariel L. Brandt 3, Courtney R. Braudt 4. Caleb R. Brandt ~~;:' c:= ,....r:.. .......--: -. ,,' :,', ,.n: E N "v --i -\ n-: o .~ "." A.ppearances by Parties and/or Counsel: .:.. :;; ~ ~: · Plaintiff appeared personally aod ls~epr~n~~~y: ChrisUne J. Taylor, Cl"LS .. :.- · Defendant appeared personally and is represented by: P. Richard Wagner, Esquire AND NOW, this 22ncl Day or JUDe, 2000 the court having jurisdiction over- the parties and the subject-matter, it is ORDERED, ADJUDGED and PECREED as follows: Pllmllmt to consent oi'the parties, which does not constitute Defundant'~ ~~,~~ to the avcnnents of abuse in the petition. The following order will be _"".....<entei'f!ir....>.~ oJ'o,l't P~.rJ. ,f~....- tv.!- ,.:,..\ ;.....-'~. .......... J () ":;:' ~... - --~~"""'" ~. ~ - - "":''';''';''' of'" \, -..:,.,.... . " '. C".J({ ,-' '. '. r '. s request. fQr a finAl protli!l.'tioD ordu is .tlID.ted. 7175673013 ~> PSP CarLisLe pa I .TEL~717 249 0779 06/29'00 19:32 'r.~" 'j, PSP NEWPORT 717 567 3013 06/29 '00 19:28 NO.865 03/06 9 ..=_ _ ..... ,. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any otber pro~ted. persall in /lIly place where they might be found. 2. D<::fendant is completely evicted and excluded from the residence at: confidential location or My other residence where Plaintiff may live. ExclU$ive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises, 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY S:9.NT ACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintifi's school. business, or place of employement. Defendant is specifically ordered to stay away fioom the follOwing loea.nom for the duration of this order. 4. Except as provided in Paragraph 5 of this Order, Defendant she.lI not contact the Plaintiff, or any other person proteoted under this Order, by telephone or by any other means, including through third persons. 5. Custody offue following minor children: L Arle! L. Braudt 2. Courtney R. Brandt 3. Caleb R. Brandt shall be as follows; · Primary physical custody of the minor chUd/reu is awarded to tbe Plaintiff. . DeteJIdant shaJJ bave the following partial phYlliClllI custody/vlsitation rights: SupC:P'l'isea It..U...tb... .... tt.t vu.r,-, \ '8 .WllfT l).aphiB SF CtteeTlmul COULLl-j q · Trallsportation for partial physical custody/visitatiolls \ shall be by the Plaintiff. ... S ~ "7'!<J1) Ie _ h. ' ~V~d~)~~ "SA"" I ~~ (. Ps '7:IrDf/"". ~...,~-. .I,IT;>"'- ~c..k-r?'("~/r.;'7o.1 ~ . . 6. Defendant shall immediately turr! over to th.e Sheriff's Office, or to a loCal M law enforcement agency for delivery to the Sheriff's Office, any nrelttttls license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor cl1ildren. -- - 1. 9 mm seJDi..automatle revolver 2. 30-06 rIDe 3_ 12 guuge sllotguD. ...Ifinalordeusp?FinalOrderID=6648&crn.dMove=View+Completed+Pinal+Ord.er&pfadnum 06/21/2000 7175673013 => PSP Carlisle pa ,TEL=717 2490779 06/29'00 19:32 - - ~ ' ~' . ,,- o-"j :1 " II '" , :.! 'I PSP NEWPORT 717 567 3013 06/29 '00 19:28 NO.865 04/06 . - 4. 22 long rlile S. 4-10 shotguD9 6. ZZ revolver 7. Defendant is prohibited from. possessing, transfening or acquiring any other fireanns license or weapons for the duration of this order. The Defendant has 30 days after expiratiol'ls of this or~~ petitioll, tbe Court for retum of confueatedweal'Ons, '5"-........cL I"l~ 0:. ~~....... ~ ~L:-'7.....~ PL-r v- ;t\ ,..,o~ Q~- (7--h.-r- J; {)r,;;(: 8.1~~ r.;ilowmg add.itional reIiefis granted as authorized by ~6108.ofthe Act: - 9.. . 2866, Plaiutiff may enter tbe marital resideDce iu order to retrieve her personal beloDgiugs and those (If the minor cbildren. provided tbat sine is accompanied by a law enforcement officer T Go. ~. f... C-- ~~---t ?r-; (l co.v ~'> ~ J~ i , "'1 ~~~', u J 1 :1 'I ,'I I :1 Ii ','.1 i' i' iI i,1 !1 ii :i - Prohibit Defendant frollll having any contact with Plaintiff's relatins aud Plaintiff's children listed iD this petition. except as the court may find necessary with respect to partial custody aDd/or visitation witb the minor cbild/ren. 9. Defendant is directed to pay temporary Eupport for: 1. Arid L. Brandt 2. Courtney R. Brandt 3, Caleb R. BraDdt .jM6 ~ . as follows: p. (' ~ G~....c...-.l $155,00 "iF 'if""- A-.. ()"" c. - ~ This order for support shall remain in ,tt~t until a final support order is entered by this Court. However, this order shall lapse automatically if the Plaintiff does not tile a co~plaint for support with the court within fifteen days of the date of this order. The ~OUl'lt of this temporary order does 1l0t necessarily reflect Defendant's correct support obligation, which shall be dllter:tl1ined in accordance with the ,guidelines It the support hearing, Any adjustments in the final amGUIlt of support shall be credited, retroactive to this date, to the appropriate party. .."'"'--.. - ...lfinalorder.asp?FinaIOrderIrr-0648&cmdMovc"Yi,w+Completed+Final+Order&pfadnum 06/21/2000 7175673013 ~> PSP CarLisLe pa I ,TEL~717 249 0779 06/29'00 19:32 -'''~ PSP NEWPORT J P or - 717 567 3013 06/29 '00 19:28 NO.865 05/06 ~ 'r' 10. BRADY INDICATOR · The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabits or has cohabited witb the Defendant, II parent of a common child, a child of that person, or a child of the Defendant. · Paragraph I of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). . The terms of this order prohibit Defen~t from using, attempting to use, or threatening to use physical force against the Plaintiff' or protected person that would reasonably be expected to cause bodily injury. 11. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Newport State Police 12. THIS ORDER. SUPERSEDES: 1. ANY PRIORPFA ORDER 13. AU provisions of this order shall expire on: December 22, 2001 .~~ - NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BYA FINE OF UP TO $1,000 AND/ORA JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO . SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYL VANIA CRIMES CODE. THlS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES. THE DISTRICT OF COWMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF pUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~226S. IF YOU TRAVEL OUTSIDE OF THE STATE AND IN1'BNTIONALLY VIOLATE TIDS ORDER. YOU MAY BE SUBJECT TO FEDERAL CRI.'MlNAL PROCEEDINGS UNDER TIiA T ACT. 18 U.S.C n2261~2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENAlTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 1'8 U.S.C. ~9Z2(G). FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. .,.Ifinalorder.asp?FinaIOrderID=6648&emdMove=View+Completed+Finlll+Order&pf'a4num 06/21 12000 7175673013 => PSP Carlisle pa ,TEL=717 249 0779 06/29'00 19:32 .~ . ~ . . ~ . . _.""'--'ft~" PSP NEWPORT ,," .,"" 717 567 3013 06/29 '00 19:28 NO.865 06/06 ,.. ~ NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over tilt:: plaintiffs resi4ence OR any location where a violation Qf this order occurs OR where the defendant may be located, shall enforce this ord$!. An aITest for Violation of Paragraphs I through 7 of this Qrder may be without warrant, based soley on probable cause, whether or not the violation is CIlmmitted in the presence of the police. 23 Pa.C.S. ~6113. Subsequent to mest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during pnor in",idenw of abuse. The Perry County Sheri.fI's Office shal.! maintain possession of the weapons \U1til further Qrder of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate autl'lotity or authorities before whom defendant is to be atraigned.. A "Complaint for Indirect Criminal Contempt" shall then be completed and signee:! by the :police Qfficer OR the plaintiff. Plaintiff's presence and signature are not required to file the CIlmplaint. If sufficient grounds for violation of thi.s order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date oftb.e hearing. Judge C. 10 I~? Date If entered pursuant to the consent of plaintiff and defendant: -:l$;L,L?&"'.--./~ ~~. . ~ ~ Plaiotiff'$ Signature D~ Signature Distribution to: PLAINTIFF, DEFENDANT, LOCAL POLICE, STATE POLICE, SHERIFF, P. RICHARD WAGNER. ESQUIRE, CPLS -- - ...ffinalorder.asp?Fina)Qrd:erID~648&CmdMovr:=Vjew-rCompleted+Final+Order&pfadl'lW'll 06/21/2000 TOTAL P.0S 7175673013 => PSP Carlisle pa ,TEL=717 249 0779 06/29'00 19:32 illiiili'=""-&--"' 1 -'o/""1lI..,-"...... <" ~"~ ..~ , '"' ~_ 0 _, "'iUllflI;l~;,,~'iI'k-;.1J~~ih~,,"">'""J/..,.,~v:'.&i ""-"'"O"~."~--_~lI\ 0_'" N~"' om .0 L JiM EL . ~," ~- ~- ~ ~"" iiiIiilliHl- -. (') 0 () C c:> -r-J ",. ,- "':(jec: ~ rn,,, ;= ."If-:-~ Z~J) ZC- f " :n; (/)~'-;. C'" "j.' :~;} -<,;,,::::: ~~~ ~C:' ~ ~(') ~ o:=: --0 ry 2m Pc: 0 Z 0 ~ =< r-v -< ';J- j'lllal YIOle<.:UOIl j'IOm A.DUse uroer Page j 01 ) 00- '-I?09 C'()~lT~ Michele E. Brandt, Arie! L. Brandt, Courtney R. : IN THE COURT OF COMMON Brandt, Caleb R. Brandt : PLEAS FOR THE 41ST : JUDICIAL DISTRICT PERRY Plaintiff : COUNTY, PENNSYLVANIA v. : No. 2000-438 : CIVIL ACTION - LAW : PROTECTION FROM : ABUSE Robert W. Brandt Jr. Defendant FINAL ORDER OF COURT Defendant's Name is: Robert W. Brandt Jr. Defendant's Date of Birth is: April 11, 1967 Defendant's Social Security Number is: 170-54-7036 Name( s) of All protected persons, including Plaintiff and minor children: ? o :::;:: -. -. 'TO 1. Michele E. Brandt 2. Ariel L. Brandt 3. Courtney R. Brandt 4. Caleb R. Brandt 8 "'c :::=:z ~_. c:-' ~ 2: - N .'-.) Appearances by Parties and/or Counsel:~" ;:::; ;;; . Plaintiff appeared personally and is~epr~ntedcby: Christine J. Taylor, CPLS ... ~::. . Defendant appeared personally and is represented by: P. Richard Wagner, Esquire AND NOW, this 22nd Day of June, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: \ oA.lt p~ 0 A-~...,... q,....'!t J CERTIFIED A TUUE COrfaintiffs request for a final protection order is granted. 4 evnkj{ljal& DEPUTY PROTHONOTARY ...Ifinalorder.asp ?FinalOrderID=6648&cmdMove=View+Completed+Final+Order&pfadnum 06/21/2000 ."< .1 rllkLll-lUlL:~l1Ul1l'lUlH r\.UU~L: VIUta YageL. 01) 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2:. Defendant is completely evicted and excluded from the residence at: confidential location or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through tIurd persons. 5. Custody of the following minor children: 1. Ariel L. Brandt 2. Courtney R. Brandt 3. Caleb R. Brandt shall be as follows: . Primary physical custody of the minor childlren is awarded to the Plaintiff. . Defendant shall have the following partial physical custody/visitation rights: Stlllellisell. ,r.;t..t;".. at tb... .1.. ywr A iR eitker DaupkiB 8Y Cumherlan.tI Cuu.u.ty x\ . Transportation for partial physical custody/visitations ~ . shall be by the Plaintiff ~ ~ ~ cr ~\J'U ^ "'^- k ~V Rf,::\ o,)-'sc0.J2- 0~ . {..Lr...~ ( . ~ P Q '7!trt>(1_. ~....,~ _/1/0<:' ~~k'P"c/eJIJ'7c.1 ~ . j, 6. Defendant shall immediately :urn/over to the Sheriffs Office, or to a local M law enforcement agency for delivery to the Sheriffs Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor children. 1. 9 mm semi-automatic revolver 2. 30-06 rifle 3. 12 guage shotgun . ../finalorder.asp?FinaIOrderlD=6648&cmdMove=View+Completed+Fina1+0rder&pfadnum 06/21/2000 inl . ~~~~ , - j"o;,: J ~U0..4J. J. ~VlvvU.VH J. .LV~U 1. It..VU.:)V \J.L\..H..-J. .l ~'::;l..-.J VJ..J 4. 22 long rifle 5. 4-10 shotguns 6. 22 revolver 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. The Defendant has 30 days after expirations of this order to petition the Court for return of ~ confiscated weapons. 5f...c-.Jv~ ~ n~ c::;,. v..)~",,", ~ ~ ~ .~ ~L:'7""'~ hr V" ,t\ /")0'1" C~C_ (7~f>- ~ Or.rF 1 8. Ttefu'lIowing additional relief is granted as authorized by g6108 of the Act: "'-"6 - Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may f"md necessary with respect to partial custody and/or visitation with the minor child/ren. - en ,:2.666, Plaintiff may enter the marital residence in order to retrieve her personal belongings and those ofthe minor children, provided t~at she is accompanied by a law enforcement officer T CL ~ f-'" C-- ~-"'">---R. t.r; fr.-v~"" Ilvb ~~ ~ 9. Defendant is directed to pay temporary support for: I. Ariel L. Brandt 2. Courtney R Brandt 3. Caleb R Brandt ~ .~ > as follows: Pc \' D bv.......t..J..,L_,...L\ $i55.QQp8Fwellk.,~ (>€,.../ 0.. - ~--"\ This order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if the Plaintiff does not file a complaint for support with the court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. .../finalorder.asp?FinaIOrderID=6648&cmdMove=View+Completed+Final+Order&pfadnum 06/21/2000 ~ ~~ i Illu.J ..llUl\..-\...-lJUH .llUJ.U 1 )..UU.::>\...- VJ.UV! i "b\...-"'- Vi,.J 10. BRADY INDICATOR . The Plaintiff or protected person( s) is a spouse, former spouse, a person who cohabits or has cohabited with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. . Paragraph I of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). . The terms of this order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 11. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: - - Newport State Police 12. THIS ORDER SUPERSEDES: 1. ANY PRIOR PF A ORDER 13. All provisions of this order shall expire on: December 22, 2001 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEJ'vlPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. g61 14. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. g2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C gg2261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. .../finalorder.asp?FinaIOrderID=6648&cmdMove=View+Completed+Final+Order&pfadnum 06/2112000 .Ji h. - ,.~!: 1. H_I<.U 1. lUll,..l..--UVH.i lUlU rl.l!U"l..-- VlUl"..l ragL:.J VI.J NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 7 ofthis order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence ofthe police. 23 Pa.C.S. 96113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Perry County Sheriff's Office shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. Date If entered pursuant to the consent of plaintiff and defendant: /l~~{~;:~~ ~~si;~t~~ Distribution to: PLAINTIFF, DEFENDANT, LOCAL POLICE, STATE POLICE, SHERIFF, P. RICHARD VVAGNER,ESQUIRE,CPLS .../finalorder.asp?FinaIOrderID=6648&cmdMove=View+Completed+Final+Order&pfadnum 06/21/2000