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HomeMy WebLinkAbout00-08451 c'-''''~ ~ ,,,,J " I . "......,J; J lJJUI .llVL........LJVll1 lV111 Jl.UU.),,-, \J.lU"-'l .1 o.l.b"-' t Vl.J Plaintiff Michele E. Brandt, Ariel 1. Brandt, Courtney R. : IN THE COURT OF COMMON Brandt, Caleb R. Brandt : PLEAS FOR THE 41ST : JUDICIAL DISTRICT PERRY : COUNTY, PENNSYLVANIA C3C,)~L 't~ ; 06 - 14S'1 : No, 2000-438 v. : 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: Aprilll, 1967 Defendant's Social Security Number is: 170-54-7036 Name(s) of All protected persons, including Plaintiff and minor children: )> 1. Michele E. Brandt ,...:; 0 0 :::;: 2, Ariel L. Brandt -< -'c. - -< 3. Conrtney R Brandt -- .:..-:::' ::~~ - . '"'" - 4. Caleb RBrandt - ,~ - '- N ''-.) Appearances by Parties and/or Counsel: ~ _, . Plaintiff appeared personally and is:Fepr~nted,:h: Christine J. Taylor, CPLS " . Defendant appeared personally and is represented by: P. Richard Wagner, Esquire AND NOW, this 22nd Day of Jnne, 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:' \cA"! '~~ <>;; A-~..-. ~'3 . ,,' . " ' Pia, intiffsrequest for a final protection order is g.ran,ied,' ~EOP\{ ,',' ,,', ' ~:~E~AT~ DEPUTY PROTHONOTARY .. ./finalorder.asp ?FinaIOrderID=6648&cmdMove=View+Completed+Final+Order&pfadnum 06/21/2000 ~ ~ '- ( I , ~.;., _ -_l i '-'-',' _C'_>,',_ --' Hb.... - ....'. - j dH..LJ i lVl..""""lJVii i iVJ.1J. 1.LtU.,"" '-.)lU""J 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. 0" 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 Plaintiffs 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 third 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 child/ren is awarded to the Plaintiff. . Defendant shall have the following partial physical custody/visitation rights: SIl.pel-:isell. ,i~il..t~.:ln lit thL vwr A ill either YlHIJllIiB OF Cllmberlallll. COllllty ~ . Transportation for partial physical custody/visitations ~ shall be by the Plaintiff .-.- ~ S d.J ~......... cr~~n).It..v-. h, ~VI.,('~O\)"s<02- oN" ~~ ( . , PdP 1.!(}"t>(1""". LY~"""4/'I.~ 'l///<:.<> f/(~t''f7'ic/e.I(J~&./ ~ ,'" 6. Defendant shall immediately turn 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 ?FinalOrderlD=6648&cmdMove=View+Completed+Final+Order&pfadnum 06/21/2000 ,: ,ow. ~ . - i '-.. -'~""',' ~~--. "'';-''"-"'-'',0 j ......::;..... J Vi J J lll...1 l lVlv\..-UVH J. J.V1H ~ leVU..:>..... VlU.....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. 5~a"""'d... ~ n-e..o..A. co.. v...)~",,", ~ :.su.J,.' ~L~/"""~ hr r ',t\ ,'")o'\" O~O_ (7~f- ~ O~F s:, J 8. The following additional relief is granted as authorized by S6108 of the Act: t<-"6 - Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. ' - en , Z666, Plaintiff may enter the marital residence in order to retrieve her personal belongings and those ofthe minor children, provided that she is accompanied by a law enforcement officer r G... ~ ~, c.... ~-v>~ ir; f c;.v \-u. -> I!Nb ~ 'Q ~~ 9. Defendant is directed to pay temporary support for: 1. Ariel L. Brandt 2. Courtney R. Brandt 3. Caleb R. Brandt ~ ,f-b as follows: ~ \" 11 b~~-l $i55.lIl1ller week..~ p€../ c.. - ~~ 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 -~,-.. ~ '" .,-j , ' ,~' > - ~. l.o l'JlldJ i JVll.;L-tlVH i'lUll.! r\.UU~1,,; VIUl.:il .I dg.... '"t 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 ofthat person, or a child of the Defendant. . Paragraph 1 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 ofthis 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. ANYPRIORPFAORDER 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 CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 P A.C.S. S6114. 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, V,S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. S2265. 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 SS2261-2262. 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. S922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITIOR .. ./finalorder.asp ?FinaIOrderID=6648&cmdMove=View+Completed+Final+0rder&pfadnum 06/21/2000 "'1" J > I ~ L ' I. ~ -""'f;t' 1"1I1ll1 rlVL~I".,UU1l1'lUlll fiUU.>l: VI UtI Yage) 01 ) 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 1 through 7 of this 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. S6113. 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. Plaintiff's 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 ofthe date of the hearing. Date If entered pursuant to the consent of plaintiff and defendant: -l~~cEg~~ ~~,.,"',...,' Plaintiff's Signature Defe ant's Signature Distribution to: PLAINTIFF, DEFENDANT, LOCAL POLICE, STATE POLICE, SHERIFF, p, RICHARD VVAGNER,ESQUIRE,CPLS .. ./finalorder.asp ?FinaIOrderID=6648&cmdMove=Vi ew+Completed+Final+Order&pfadnum 06/21/2000 ,-~~' "" '" '"j' ''''''M OG r J( Michele E. Brandt, Ariel 1. Brandt, Courtney R, : IN THE COURT OF COMMON Brandt, Caleb R, Brandt : PLEAS FOR THE 41ST : JUDICIAL DISTRlCT PERRY Plaintiff : COUNTY, PENNSYL VANIA v. : 'fLtJ./RJ- '1'f~1 ~ lb-- : No, 2000-438 Robert W. Brandt Jr. : CIVIL ACTION - LAW : PROTECTION FROM : ABUSE Defendant TINALORDEROFCOURT S61- 5'-65 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: > ::::1 1. Michele E. Brandt 2, ArieJ L. Brandt 3, Courtney R. Brandt 4, Caleb R. Brandt ~ o .--:c. --< --i N ''-' ,.... -0 Appearances by Parties and/or Counsel: _ ,,~_, . Plaintiff appeared personally and is.repni!~nted~!;Jy: -. ~. 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 fi)llowing order will be entered: \ cArt p~ 0 ,.{or;; "-'-"- fk,!t Aci~L'~~' Aj;,&:.i;;S request for a final protection order is granted. C.~:;<_; r't 1:;';"\}i'HC;,~.,~'.~ ;~i[--- ,..Ifinalorder.asp ?Final OrderID=6648&cmdMove=Vi ew+Col11)ll eted+Final+Order&pfadnum 06/2] /2000 '"'~.... --~ ,'. 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 -ided in paragraph 5 of this Order, Defendant is prohibited from hav' g ANY CONTA<;':j:...with the Plaintiff, or any other person protected under 's-8rder;aIallY location, including but not limited to any contact at Plaintiffs 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 third persons. 5. Custody of the following minor children: I, Ariel 1. Brandt 2. Courtney R. Brandt 3. Caleb R. Brandt shall be as follows: . Primary physical custody of the minor chiId/ren is awarded to the Plaintiff. . Defendaut shall have the following partial physical custody/visitation rights: Stlpel yiseEl ,ioildtiolill:t lhe yw(' ^ in either Dauphin er Climberhllld Connry x:. . Transportation for partial physical custody/visitations ~ shall be by the Plaint~ ^."... ~ S ~<-l."-,\~""",,, 'l':c..r1l A -lA. k r Z-VL,,,,- "'1~"i.P- UfT"" . J (- P \- 7!c.ro r1-. L.~---'''-'''~ "/1/'0<:' ~~{'--P '(c/e.((./~&/ ~,' S" 6. Defendant shall immediately turn/over to the Sheriffs Office, or to a local iu.? law enforcement agency for delivery to the Sheriff's 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. I. 9 mm semi-automatic revolver 2. 30-06 rifle 3. 12 guage shotgun ,.j Jinalorder, asp ?FinalOrderID=6648&cmdMove= Vi ew+Comp leted+F inal+Order&pfadnum 06/21/2000 h~>' ..J. ~ 1_' ~..." --..., '-b' 4. 22 long rifle 5. 4-10 shotguns 6. 22 revolver 7. Defendant is prohibited from possessing, transferring or acquiring any other firearn1s license or weapons for the duration ofthis order. The Defendant has 30 days after expirations ofthis order to petition the Court for retool of confiscated weapons. '5 {." "'......d.... ~, n ~ c:. \.A.l ~ "'---- ,~ ~L~/vn<=-e- Pt-r r ',t\ no'\" c\fo- y7~h 1; 1)0~F 8. The following additional relief is granted as authorized by S61 08 of the Act: ~~~~ h-3 - Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partiaI'custody and/or visitation with the minor child/ren. - en , ZOOO, Plaintiff may enter the marital residence in order to retrieve her personal belongings and those of the minor children, provided t4at she is accompanied by a law enforcement officerr G... ~ {-v ~ ~'''''-''~ ir-; fc;..v \-t...:-,>' ttub \::} 1- '^' Q./)~ 9. Defendant is directed to pay temporary ~upport for: 1. Arie1 L. Brandt 2. Courtney R. Brandt 3, Caleb R. Brandt as follows: p, \' $i55.gg per week. (4-; p~ c. - ~.-R ~,--~~.\ ~ '" fwb " > 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 ofthis 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 [mal amount of support shall be credited, retroactive to this date, to the appropriate party. ,../finalorder.asp 7FinalOrderID=6648&cmdMove=View+CompJeted+ Final+Order&pfadnum 06/2112000 ~I ,~ I . , ,-,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 1 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 CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 P A.C.S. 96114. 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. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMlNAL PROCEEDlNGS UNDER THAT ACT, 18 U.S.C 9S2261-2262. 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. S922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. ., ./finalorder,asp ?Final OrderID=6648&cmdMove= Vi ew+CompJeted+Final+Order&pfadnum 06/21/2000 'M ^~..~ "" 1 L::,~ ..' ". '....:.k '--""iii_is!.;'. 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 1 through 7 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. 06113. 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 Sheriffs 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 ofthe date of the hearing. Date If entered pursuant to the consent of plaintiff and defendant: -/~kE&C?~ ,.,"""'~m%!!:""'" Plaintiffs Signature Defe Distribution to: PLAINTIFF, DEFENDl\NT, LOCAL POLICE, STATE POLICE, SHERlFF, p, RICHARD WAGNER, ESQUIRE, CPLS . ../finalorder,asp ?FinaIOrderID=6648&cmdMove= View+Completed+Final+Order&pfadnum 06/2] /2000 , ' ~~~'\'i~g~m~~~li!\!lWg_~~'&!i.Il""'"~''->=!',.lj:;''''.''''1,"",-:";''-".l1-~,,',,,,"41!#.N.{t,li~.jj-~.-,~,._iltrD_d1I!iDtiIli~-L~;l!i~' " _~'" ._""e"L__ ., "'= ~,- ,'-, .~,'- . ^- ]..m.li.[(j~L.~.I!'C ," I:) 0 '3 c 0 .1 $: CJ :::!. "'Urn rTl ~-~;Jj mn--i n Z:Ti I ~~1 t3 Zr; ~:?. 0\ g(:,' r::G .." -J..~=H' ~I:) 3 ~~ c') "'8 ..t:~'"'1'1 ry C)' Z f;" ~ ~ 0:> ~ I'~ ....1. lilt ~ ~" -1' II . ~ . "'iItl~....'<;',;o" MICHELE E. BRANDT, ARlEL 1. : IN THE COURT OF COMMON PLEAS OF BRANDT, COURTNEY R. : CUMBERLAND COUNTY, PENNSYLVANIA BRANDT, CALEB R. BRANDT Plaintiff V. 00-8451 CIVIL ROBERT W. BRANDT, JR., Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this I."""'" day of DECEMBER, 2000, 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, ROBERT W, BRANDT, JR., is directed to appear for trial on the charge ofIndirect Criminal Contempt before the Court on the I ;;t!Jday of ~rIL ,2000 atA:OIo'clockfJ.m, in Courtroom #.r.. ofthe Cumberland County Courthouse, Carlisle, Penosylvania, The defendant has a right to be represented by an attorney, If the defendant canoot 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. Jonathan R. Birbeck, Chief Deputy District Attorney Edward E,Guido 1. CY ;e.S ~f\IA\\ Y '~Ivefj fa D~5, Jt;e,.Il hrd /VJC'.,'rrcf br Olh Q P-f:ce ROBERT W. BRANDT, JR. " iJ ";\i " ,"'-"-... . - ~'-..;,:-~~~~ '" '" ~ I , ~ ., ~-- -~ ,~ " - ., '--~-." 'C'__ ,~ '-" ,,_,,_,_-,-c<_,""'~""-_"_""'~"~'_'_"-~"-''"""'-'---'-;-I----;r OF '-Ii r-r-, .....-- r',~:_L1--Uj~rCF .r:'i-\'-''''j 'c.' ,:""-~ , ,", -" "",)".ny '." '.'~ IrJ"'l 00 DEC -] PM 12: 30 CUMBEIiLAND COUNlY PENNSYLVANlA . ." ;__f;" ~~ II .'!ll.~ T ",...~~~IW:ilWfI!l"<"'f,""~~fi''iW-'''~~'''''''"'<.'l'',~'''~'T~w,~~m~!i!i-mlfMf%1!Wll"-iI:O;;:!W1;<iWlm-;!!F-"'~ l' ~l~"w: MICHELE E, BRANDT, ARlEL L, : IN THE COURT OF COMMON PLEAS OF BRANDT, COURTNEY R. : CUMBERLAND COUNTY, PENNSYL VANIA BRANDT, CALEB R. BRANDT Plaintiff V. : 00-8451 CIVIL ROBERT W. BRANDT, JR. Defendant : CHARGE: INDIRECT CRlMINAL CONTEMPT COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES OF INDIRECT CRIMINAL CONTEMPT Jonathan R. Birbeck, Chief Deputy District Attorney of Cumberland County, Penosylvania, brings the following Petition for a hearing on charges ofIndirect 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 criminal complaint. 3, The victim requests the filing of an Indirect Criminal Contempt Charge. 4. The District Attorney's Office approves the filing of this criminal complaint. 5. The Commonwealth is requesting a hearing on the charges ofIndirect Criminal Contempt pursuant to 23 Pa,C.S.A. 96113. 6, The plaintiff and/or 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. 96113. WHEREFORE, the Commonwealth requests the defendant be commanded to appear before the Court on the charge of Indirect Criminal Contempt. Respectfully submitted, /5( ~' Jonathan R. Birbeck Chief Deputy District Attorney t" .'~,- ,'~ ~ , J " "",t_, e__,,_ ., .,~r'.'"- , ;," COMMONWFALTH OF PENNSYLVANIA COUNTY OF: Cumberland POLICE CRIMINAL COMPLAINT agisterial District NLlJtJer: 09-3-02 istrict Justice Ncrre:Hcn. Helen B. SHUI..E:NBERGER ress: 27 W. Big Spring Ave. Newville, PA 17241 F COMMONWEALTH OF PENNSYLVANIA VS. Telep,cre: (717) 776-31S7 DEFENDANT: r- NAME and ADDRESS ~ Robert Wayne Brandt RD 1 box 1S7 Blain, PA 17006 I Docket No,: Date Filed: OTN: L --.J Defendantls Race/Ethnicity IZJ WIlite 0 Asian D Hispanic D Native Airerican efendant's A.K.A. o Black o l1I1kmw1 eferdantls Sex eferdantls O.O.B. efendant's Social Security Nl1Ti:er efendantls SID ~ ~~le 04/11/1967 170-54-7036 eferdantls Vehicle Infonratim: Defendant's Driver's License Nl1Ti:er Plate Number State Registraticn Sticker(MMIYY) State corrplaint/Incident NLlJtJer H2-1163S16 CR/NIBRS Code 260 COOplalnt/IrcicEnt Nl1Ti:ers if other Participants District Attorney's Office. n Approve~ D Disapproved because: DA Michelle Hamilton qh':l dlstrlct attorney rray reqJlre~t the cooplamt, arrest warrant affldaVlt, or both be ar;proved I:tt the attorney for the Cann::f'&.Jealth prior to f1lll'~ Pa.R.Cr.P. 107.) (Ncrre ot Attorney tor' Cann::fl...lealth - PLease prmt or T~) (Slgnature ot Attorney tor C~lth) (Date) I, ~r C1Jad F Svdnor (Ncrre of Affiant-Please Print or T~) of PA State, Police (Identify DE!fXIrtm:nt or Agercy Represented ard Pol itical SLtdivisicn) do hereby state: (check the appropriate box) 1. fZI I accuse the above named defendant, who lives at the address set forth above o I accuse an defendant whose name is unknown to me but who is described as 7505 (Officer Badge NLlJtJer/I.D.) PAPSP1000 (Pol ice Agency all NLlJtJer) (Originatire ASercy Case Nurber(OCA)) o I accuse the defendant whose name and popuIar designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at Penn twp. in Cumberland County on or about 10/04/00 - 11/29/00, 0700-1030hrs Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Robert Wayne Brandt 1032 Centerville rd, (Place-Political SLtdivisicn) 2. The acts committed by the accused were: (Set forth a SLnTl'ary of the facts sufficient to cdvise the deferdant of the nature of the offense charged. A citaticn to the statue allegedly violated withcut roore, is rot sufficient. In a sunrary case, ycu nust cite the specific secticn ard SLbsection of the statute or ordil'laT'K::e allegedLy vlOlated.) The Defendant did violate an order under the Protection fran Abuse act F.R. 1992-512 dated 06/04/92, by the court of Ccmron Pleas of Perry COlillty. The PFA #2000-43S, Civil Term was issued by the Honorable C. Joseph Rehkanp, on the 2200 day of June, 2000. ....F'"" ACPC 412-(4/96)(lnternet Versicn) 1-3 ~~ " . . " -~ ...' . " , ~, l ~"~~. III > 'IiItil-.;-J (Continuation of 2}< Defendant Name: Robert Wayne Brandt , Docket Number: POLICE CRIMINAL COMPLAINT 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 1. 6113 of the DR (Section) (Sub-Section) (PA Statute) (counts) 2. of the (Secti on) (Sub~Section) (PA Statute) (counts) 3. of the (Section) (Sub~Section) (PA Statute) (counts) 4. of the (Section) (Sub-Section) (PA Statute) (counts) 3. I ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority. 4, I verify that the facts set fortb in this complaint are true and correct to the best of my knowledge or information and belief, This verification is made subject to the penalties of Section 4904 of the Crimes Code(18 P A. C,S. ~ 4904) relating to unsworn falsification to autborities, -z..,,== ~ I j I'S<:> Tf~ ('04, r ~ slgnature 0 lant) AND NOW, on this date , 19 , I certify the complaint has been properly completed and verified. An affidavit of probable cause must be completeiI in order for a warrant to issue. (Maglsterlal Dlstrlct) AOPC 412~(4/96)(Internet Version) SEAL (Issulng Autnorlty) 2-3 ,-- 'j' ,'-- '-' - > ., - < -' '"' , ~ , ,~- - ~, _c',_ _, _, "M__: .' Defendant Name: Robert Wayne Brandt Docket Number: POLICE CRIMINAL COMPLAINT AFFIDAVIT of PROBABLE CAUSE The victim, Michele Emile Brandt, possesses a valid Perry county Protection frcm Abuse Order. 'The order states that the Defendant is prohibited frcm having any contact with the Plaintiff or any other persons protected under this order, by telephone or by any other means, including through third persons. Mrs Michele Emile Brandt reported that she received a letter for the Defendant on 11/29/00 stating that he was notifying her of his change of enployrrEIlt. On 11/2S/00 at approx. 2100hrs she received a phone call fran the Defendant stating his llDther is going to pick up the children. If there was any problems contact him. Between the Dates of 10/04/00 -10/06/00 the Defendant called three tirres. These calls were concerning he being at the residence when she cares by to pick her items up. I, Tpr Chad F Sydnor , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. \1l\. ~re ot~tt~1'--- Sworn to me and subscribed before me this day of ,19_ Date , District Justice My commission expires first Monday of January, _' SEAL AOPC 412-(4(96)(Internet Version) 3-3 . - . ,)- r 1./' '. ^~,.- i ." o Michele E, Brandt, ArieI 1. Brandt, Courtney R, : IN THE COURT OF COMMON Brandt, Caleb R. Brandt : PLEAS FOR THE 4] ST : JUDICIAL DISTRICT PERRY Plaintiff : COUNTY, PENNSYLVANIA v. : No. 2000-438 0 0 - ~ L{ S ( CPIr-L Robert W. Brandt Jr. : CIVIL ACTION - LAW : PROTECTION FROM : ABUSE Defendant FINAL ORDER OF COURT S61- "3L.65 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: > ::::J I, Michele E. Brandt 2. Ariel L. Brandt 3, Courtney R. Brandt 4, Caleb R. Brandt ~ o .~.. ...,.. - == -4 --< --"c N ,'"' Appearances by Parties and/or Counsel:._ ,,~ ~ . Plaintiff appeared personally and isrepr$nted];>y: 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: \ bA.;'I- p~ 0 A-8....,.... ?N.,& Ao;~~L"~ A~ii~f'S request for a final protection order is granted. C::;'j r'{ ;;.,~irH";.. ~-! - ,../finalorder,asp?FinalOrderID=6648&cmdMove=Vi ew+Completed+ Final+Order&pfadnum 06/21/2000 ,~-" ~- l 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 otherresidence 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 ,in paragraph 5 of this Order, Defendant is prohibited from ha ' g ANY CONTAC ith the Plaintiff, or any other person protected under' , 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 third persons. 5. Custody of the following minor children: 1. Ariel 1. Brandt 2, Courtney R. Brandt 3. Caleb R. Brandt shall be as follows: . Primary physical custody of the minor child/ren is awarded to the Plaintiff. . Defendant shall have the following partial physical custody/visitation rights: Super viJea -. i,iL"t;on lit lh~ ywr ~ in either Dauphin aF Cnmberlaml. County "C' . Transportation for partial physical custody/visitations ~ shall be by the Plainti!$ ~ ... S " .. J...~ ~"'"'"" '9c<..rll.it..v-.. k z.vu~'A 0'\ 1'\ "iJ2-. UfT' , v-t-, J (.. p C '7!cro f1-. l.'~""" <<-M 1l/I/o<:, ~~t~f7 'I <Ie. /1./'7&/ ~,S" 6. Defendant shall immediately ;"=Iover to the Sheriffs Office, or to a local iu.~ 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 ?FinaJOrderID=6648&cmdMove=Vi ew+Completed+Final+Order&pfadnum 06/21/2000 4. 22 long rifle 5. 4-10 shotguns 6. 22 revolver 7. Defendant is prohibited from possessing, transferring or acquiring any other firearn1s license or weapons for the duration of this order. The Defendant has 30 days after expirations of this order to petition the Court for retum of confiscated weapons. 5h."''''''d... ~ n~ "'- vv~"""' '\=.- ~L~/""""'<::..-{' Pt.-r I/' ',q "..:'\" 0""'0>= (7~F>-. J; /)'fF 8. The following additional relief is granted as authorized by 96108 of the Act: - Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial' custody and/or visitation with the minor child/ren. - en , :660, Plaintiff may enter the marital residence in order to retrieve her personal belongings and those of the minor children, provided t~at she is accompanied by a law enforcement officerr ~ ~ ~ C-.. ~...,...,.-R. t; f <;"V' h.....,' ;tub 9. Defendant is directed to pay temporary EUpport for: 1. ArielL. Brandt 2. Courtney R. Brandt 3, Caleb R. Brandt as follows: p, \' $iS5.QQ il~r week. (ih p~ c.. - ~ ~ ~ ,-~G.,...,- \ > fwb 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. ~ ~~;'" ~~ --)~ ~1:5 '<) J- \1v c;,,)J~ :s "" ..... "./finalorder.asp ?FinaIOrderID=6648&cmdMove=View+Completed+Final+Order&pfadnum 06/2112000 '~ , ,- J' _~ ,,, I '--" '~~,,." .' 10. BRillY 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 1 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 CRTh1INAL CONTEJ:v:!PT WIDCH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23PA.C.S. 96114. 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. 92265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRTh1INAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C SS2261-2262. 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. S922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. "./finalorder,asp ?FinalOrderID=6648&cmdMove= View+Completed+Final+Order&pfadn um 06/21/2000 , . '-., - - " ,,~,. "~"";~W5.il<'M'5" .' . 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 1 through 7 of this 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 Sheriffs 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: -/;J;J;~~E.6:c?~ Plaintiffs Signature Distribution to: PLAINTIFF, DEFENDANT, LOCAL POLICE, STATE POLICE, SHERIFF, P. RICHARD WAGNER, ESQUIRE, CPLS .. ./finalorder.asp ?FinaI OrderID=6648&cmdMove=View+Completed+Final+Order&pfadnum 06/21/2000 iI>'~ .~ ", "-J - '~,,-- ';~'_'~_ _r_ ""'''"'" k MICHELE E. BRANDT, ARIEL L. BRANDT, COURTNEY R. BRANDT, CALEB R. BRANDT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-8451 CIVIL ROBERT W. BRANDT, JR., Defendant "j : CHARGE: INDIRECT CRIMINAL CONTEMPT .1 "., ;'i AND NOW, this ORDER I' """day of December, 2000, upon the Commonwealth's motion and , ~-j lei ';. -j docket number is dismissed. The Commonwealth shall be responsible for any costs associated , '1 'I ,'I Ii i,i d r! I: !i the defendant's concurrence, the Indirect Criminal Contempt hearing, scheduled for Tuesday, December 12, 2000, at 2:00 p.m. in courtroom #5, is hereby cancelled. The charge at the above- with this dismissal. ,j !' .. i< [: ': il Edward E. Guido, J. Michelle E. Hamilton Senior Assistant District Attorney Richard P. Wagner, Esquire Defense Counsel h ;/.1 ,"'"" ^ ", I . '~_'__~<_, _~~,__~ __'_"~d'_"""" ,_ '~': -~.--~".-' -,' ,,--~"-- rt::. T-\ '.oj' :L\?)-~~:~~\,:,~~,,~ " "" '-',' , "-,, ,..1_, "P?.Y . i-"-,': -",.,,, ,. fr. nrr' I j M, 8: 50 UUvi:'.' I CUlvjBl:}\U\1\lD COUN1'f PENNSYlVAl'-IIA ^ .. _w: ~.....,~~~_~___,.,...,,!{t~'!;jIJ~ci!'.I~~W.'t1"",AAIi!~~~td:lIf~_ ~,.,. .;,~!1li!!i~r17"l Pcllfl'o~~1m ~....~ _,n_,_" ~ h__' ,..", -."-":'?! Ie MICHELE E. BRANDT, ARIEL L. BRANDT, COURTNEY R. BRANDT, CALEB R. BRANDT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 00-8451 CIVIL ROBERT W. BRANDT, JR., Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S MOTION TO DISMISS AND NOW, comes Michelle E. Hamilton, Senior Assistant District Attorney, requesting this Honorable Court to dismiss the charges in the above-captioned case for the following reasons: 1. A Protection From Abuse Order was issued by the Court of Common Pleas for the 41 st Judicial District Perry County on June 22, 2000. A copy is attached to the Commonwealth's Petition for an Indirect Criminal Attempt hearing. 2. The Order specifically stated that Robert Brandt was prohibited from having any contact with Michele Brandt. 3. The Commonwealth, in its November 30,2000 criminal complaint, alleged that Robert Brandt violated the PF A Order by contacting Michele Brandt via phone and letter. 4. On December 8, 2000, the Commonwealth became aware of a Perry County Order allowing Robert Brandt to have contact with Michele Brandt concerning custody matters. See attached faxed copy. 5, This Order allowed for the contact specifically alleged in the Commonwealth's criminal complaint. 11- -~ 6. 7. 8. 9. 10. . '~~~r;-, This Order was signed on December 1, 2000, making the contact provision effective September 12, 2000. While Michele Brandt was unaware that the new Order was signed, she had agreed to the new contact provision back in September of2000. On December 6, 2000, the Honorable Edward E. Guido signed an Order of Court directing Robert Brandt to appear before the Court on December 12, 2000, at 2:00 p.m., for an Indirect Criminal Contempt hearing. The Commonwealth has not served the December 6th Order on Robert Brandt. Defense counsel concurs with the Commonwealth's motion for the withdrawal of the Indirect Criminal Contempt charge. Pursuant to Pennsylvania Rule of Criminal Procedure 314, the Court may order the case to be dismissed upon motion. 12. Pursuant to Pa.R.Crim.P. 314, the Commonwealth contends that the public 11. interest will not be adversely affected, there is no satisfaction to be made to the aggrieved person, and the Commonwealth shall pay any costs associated with the filing ofthe Indirect Criminal Contempt. WHEREFORE, the Commonwealth respectfully requests the Court to dismiss the charge at the above-captioned case. ~~.l Wi .~'" I ; ; - ~ " ,.- '( rJt.(,'-lJ?-2~JOO 1S: 51 PE~:R"( (NT'( P~OT HiJr'I;IIHf(, 71? 582 306<4 P.Ol '" ""'" "-'" MICHELE E, BRANDT, Plaintiff, : IN THE COURT OF COMMON PLEAS : PERRY COUNTY, PENNSYLVANIA . ...-"~'_'_ ..,e..." :'f,fJ;' 2000-438'\ -+ \~PV-1L-~"1j6~ LAW /}OOO' 7/~ v ROBERT W, BRANDT, JR., : IN CUSTODY Defendant, ORDER IT- Pe~?"v AND NOW, this I 1;.1 day of Se{)temQer, 2000, as a result of an agreement by and between the parties, it is hereby ORDERED and DIRECTED that primary custody of the parties' three (3) children be vested in mother, subject to periods of partial custody in father as follows: A. Every Wednesday evening from 5:00 p,lU, lUlti18:00 p,m" commencing September 6, 2000; 8, Every other weekend from Friday at 7:00 p,m. until Sunday at 7:00 p.m., commencing Friday, September 8, 2000; C. Pick up and delivery of the childr~n shall occur at the North Middleton Township Police Department on Route 34~NortiMiddleton Township, ..;...:,: (~ ~~~ Cumberland County, Pennsylv~? i ..,.. " .,,1 1,.0 dl ~?~1lIiIal '-' "' , ~_' -~ J,- DEC-07-2000 15:51 PERRY n,n PROTHOI~JTRRY , " 717 582 3064 P.02 I" , . '-' ....., D, The parties shall share telephone numbers with one another so as to provide reasonable corrununication concerning the welfare of the children and transportation issues. This ORDER is temporary, pending the outcome of a custody hearing which is set for the day of , 2000, at o'clock _,m., in Courtroom No._ of the Perry County Courthouse, New Bloomfield, Petulsylvania, _ / - t{ r€fecT/li/'ej do 'I:e- ~ q h ~ I 'J ()(J() BY THE COURT: J. -2- TOTAL P,02