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HomeMy WebLinkAbout97-04781 ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ i /, !i ,)I, ) I' 'I 'I "1' 'I ~ . I ~ Ii , il I , , , " " " , ,i I " ", , (i " , , I ,j, . , , , " " , , , il , , " I' , , , , , I , , " , . . , ;! . , , ,) , . I, , , , . , ,It Ii "I " 'I , ' 1,'1 I'" , , . I " " " , I I. I 1 , I , , , 1,'1! I 1-1 ,. ," " " " . 1 , , . , , , / , ;,1 'II , , ~ " jl ,/ , 'I; . , . , , , I . , , OJ ,II " . I " I, I 1)' . , Hi , . , . ~ " . , I'll ,I, " ,.,., " I; , ' H . , , , ," ,Ii' 'i d ,; II I! . I Ii, , ij I )c 1_' "i' .1 , !' , " , ' \1 hi ,'1 , I . I i' j ~ :) j ]1 j;') I' ',j , , , Ii .,i ,. , , , , . . , . ! 1'1" 'II , , ' -Ii' ;1, ,\.,1 If , , ' , every other weekend, extended periods of partial custody during holldny and summer recess, as well as liberal periods of partlnl custody throughout the week. 7. Since early August, 1997, the Petitioner hns been the primary custodial parent of the parties' eldest child, Andrew J, Drown, Jr.. 8. There Is presently no Custody Order in effect with regard to this mnller. 9. On August 29, t997, all of the partil's' minor children were scheduled to travel with the Respondent to Wildwood, New Jersey. 10. On or about 11:()() P,M., August 29, 1997, the Respondent, while visibly intoxicated to lhe point of gross impairment, recklessly, negligently and unlawfully drove her motor vehicle to the Petitioner's residence, with the parties' three (3) youngest children in the car, at which lime the Rl'spondent ran over a curb at tbe entrance to the Petitioner's neighborhood, flattening one of the tires on her car. The Respondent continued to drive the vehicle to the Petitioner's residence, oblivious to the damage which she had cau~ed. 11. Immediately after the Respondent ran over the curb, the Petitioner, with the best interests, safety and well-being of his children in mind, took custody of the parties' three (3) youngest children. The parties' eldest child proceeded to drive the Respondent back to her residence in another car. 12. The Respondent's conduct of driving her motor vehicle, while visibly intoxicated and with the children in the car, represented a serious disregard for the safety and well-being of the parties' minor children. 2 13, The Respondent has II history of continuous and ongoing IIlcohol depcndency llIld IIbuse which Is well documented, llnd which depcndency and abuse the Petitioner believes jcopllrdlzes the daily safety and well-being of Ihe parties' minor children and places them lit undue risk of harm, as is evidenced by the incident ahove. 14. In February, 1994, the Hesp,)J1denl was found drunk and unconscious in a snow bank at 3:00 'clock in the morning. Respondenl was t:lken by ambulance to the Holy Spirit Hospital for treatment. At this lime, the partil:s' four (4) children were at the Respondent's residence alone, with no adult supervision, no babysitter and with no knowlc:<lge of thc Respondent's wherc:lbouts. l":lter that morning, the Petitioner, who was conducting busincss in Boston, Massachusetts, received notification frum a neighbor regarding the above, at which time he flew back to Pennsylvania to pick-up thc children. Al the timc this incident occurred, the parties' youngest child, Hannah, was less than two (2) yc.1rs of age. 15. Thc children stayed wilh thc Petitioner for approximately one (I) week during which time the Respondent underwent outpalientlreatmenl. 16. On or about Augusl 5, 1995, the Respondent was admitted to the Holy Spirit Hospital for tWO (2) weeks of inpaticnltrc.1tmenl for her alcohol dcpendency and abuse. During this period, the parties' children resided with the Petitioner. 17. In addition to thc above, the Respondent has exhibited a consistent and repeated history of leaving the parties' children home by themselves. without supervision, during which time she delegates the responsibility for the care of the younger children to the old",r children. 3 18. ' During her frequent, extended absences from home, the Respondent repeatedly falls to properly and accurately advise the children of her whercahouts or provide suff1cient information or instructions for use should II medical and/or olher emergency occur, 19. During her frequent, extended absences, the Respondent rcpeatedly fails to prepare meals for the children during which ti Ille they arc left 10 prepare Iheir own meals, which meals usually consist of soups, frozen pizws or some other type of convenience items. 20. As a result of Respondent's frequent, extended ahsences, Ihe parties' children are repeatedly left to administer tothcir own hygiene, provide for their own safety and well-being, review their school work and prepare their homework without guidance, assistance or instruction and supervise their own behavior. 21. The Respondent repeatedly fails to properly and adequately provide suilllble clothing and altire for the parties' children. 22. The Petitioner helieves, and therefore avers, that Ihe Respondent's alcohol dependency and abuse problem directly contributes to and/or is the proximate cause of the aforementioned negligent behavior of Respondent as it relates to the day-to-day safety, well- being and best interests of the parties' minor children. 23. The Petitioner believes, and therefore avers, that the Respondent's egregious behavior of August 29, 1997, is indicative of the type of grossly negligent care the children are capable of receiving while in the custody and control of Respondent. 4 24. The Petitioner is fearful the Respondent will subject the children to future episodes of negligent behavior and poor judgment, which ncgllgence and poor judgment directly hnpatt upon the safety and well-being of the partlcs' childrcn, 2S. The PelillOlll:r objects to allowing the parties' childrcn to travel alone with Respondent while she is at the wheel of any motor vehicle. 26. In IIghl of the above, the Petitioner believes, and therefore avers, that It Is In the best Interests and well-being of the parties' minor children that he be granted temporary primary physical custody of the parties' minor children pending a hearing, 27. The Petitloncr resides in the same school district as the Respondent. Therefore, the children's ability to attend school will not be hampered should he be granted temporary primary physical custody of thc parties' children. 28. The Petitioner is presently making arrangements for before and after school care for the parties' children and will readily provide the Respondent with access to the parties' children. WHEREFORE, your Petitioner respectfully requests your Honorable Court enter a Temporary Order of Court granting him temporary primary physical custody of the parties' minor children, Andrew J. Brown, Jr., date of birth 09.16.80, Winifred E. Brown, date of birth S " J-i ~ ~ ~ ~ 1 ~ \'r' , 1 .~ 1.11 tT: '".. r'~ c: f.,. 'II'-.! .. c"'" N , , Ii,." , , .'. .. , 14 (" Ii T'1. ti'\f: .r " 1 . r\ I 1/ F= L j l~ . I.. J! " ,,, ,. 'l.. 'I. I" ~_. r u f:)' ()' " , , 1,', '" " " " 1 BOO Sliver Pine Circle, Mechanlcsburg, Pennsylvania, During th3 past five years, the children have resided with the following persons and at tha following addresses: NAME RESIDENCE DATE Patricia T. Brown B20 Appletree Lane 1992 . OB/29/97 Mechanlcsburg, Pennsylvania Andrew J. Brown Sarah L. Kunst (Fiancee) 1800 Sliver Pine Circle 08/29/97. Present Mechanlcsburg, Pennsylvania The mother of the children Is Patricia T, Brown, currently residing at B20 Appletree Lane, Mechanlcsburg, Pennsylvania. She 15 divorced, The father of the chlldron 15 Andrew J. Brown. currently residing at 1 BOO SlIvar Pine Circle, Mechanlcsburg. Pennsylvania. HI! 15 divorced. 4. The relationship of Plaintiff to the children Is that of father. The PI81ntlff currently resides with the following person/persons: NAME RELATIONSHIP Andrew J. Brown, Jr. Son Wlnlfrad E. Brown Daughter Ian P. Brown Son Hannah C. Brown Daughter Sarah L. Kunst Fiancee J}Of') If I~'~I ANDREW J. BROWN, : IN THa COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I VS. I NO. 97-4781 CIVIL 'l'ERM I PATRICIA T. BROWN , : CIVIL A~rION - LAW Defendant : CUSi~Y/VISITNrION ORDBR or CXlURT AND NOW, this 7th day ot October, 1997, the undersir;med Conciliator relinquisheo judsdiction in this esse, based upon the tact that neither of the parties nor thei!:' counsel attended the Conciliation Confe!:'ence scheduled fo!:' this date and upon the Conciliator's subsequent telephone conversation with Plaintiff's counsel, who advised that the!:'e had been a change of circumstances and no Conciliation Conference is necessary at this time. /flv^--~~ Dawn S. Sun ay, Esqu r CUstody Conciliator " " ' "l'- In "... jr" ("~ I ,,' " I' I~\ i . .u'.:: j}:l , Q,' ..... ~,:,: "~ "~ .... "0' ,)( 1.0 '-I') [ " .ij' - It' ~.. '.'r~ ! t.- Ii Irp lJ_ _: '-;- j '!(.. I . <;:I ~3 "'l r- <.: t'l' ,,' " I, I I , , " ,I I' I, " .1 '-I .1 " "